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BCC Minutes 05/04/1993 RNaples, Florida, May 4, 1993 LET IT BE REMEMBERED, that the Board of County Commissioners in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special districts as have been created according to law and having conducted business herein, met on this date at 9:00 A.M. in REGULAR SESSION in Building "F" of the Government Complex, East Naples, F/or/da, with the following members present: CHAIRMAN: Burr L. Saunders VICE-CHAIRMAN: Timothy J. Constantine John C. Norris M~chael J. Volpe Bettye J. Matthews ALSO PRESENT: Dwight Brock, Clerk of Courts; John Yonkosky, Finance Director; Ellie Hoffman, Deputy Clerk; Annette Guevin and Sandy Hurley, Recording Secretaries; Neil Dorrlll, County Manager; Ken Cuyler, County Attorney; Dave Weigel, Heid! Ashton, Ramiro Manaltch, Richard Yovanovich, and MarJorie Student, Assistant County Attorneys; George Archibald, Transportation Services Administrator; Frank Brutt, Community Development Services Administrator; Tom Olltff, Public Services Administrator; Bill Lorenz, Environmental Services Administrator; Leo Ochs, Administrative Services Administrator; Fred Bloetscher, Assistant Utilities Administrator; Ken Baginski, Current Planning Manager; Tom Conrecode, Office of Capital Pro]ects Management Director; Dick Clark, Code Enforcement Director; Greg Mihalic, Affordable Housing Director; Ed Magutre, Development Compliance Supervisor; Jerry Neal, Engineering Project Manager of Office of Capital Projects Management; Wayne Arnold and Eric Young, Planners; Sue Filson, Administrative Assistant to the Board; and Deputy Charley Thompson, Sheriff's Office. Page May 4, 1993 (2o?) Tape APPROVED WITH CHANGES Comm~ll~oneF MaC,hews moved, leconded by Comm~ee~oneF NOFF~I L~d carried unanimously, to appr~v~ the agenda w~th the changea as detaAled on the Agenda Change Shee~. ~00~ OOOPA~ 08' Page 2 (22.0) 1tn ~A COITSEIr~ &GI31'D& - A.~:~O~ A,~D/O~ AIX)F~D May 4, 1993 The motLon for approva! of the Consent Agenda ts noted under Item #16. (21~) Ite~ ~A1 PROCL&M&TIONI~COGNIZING MAY 1993, AS MENTAL HE&LTH HORT~ - ADOPTED Upon readLng ~nd preeanttng the proclmtlon to Dav~ Sch/~el, Com/la/oner Constantine ~ioved, eeconded ~ Co.ii.loner Vol~ ~d curl~ ~l~sly, that t~ proclmtion des/~it/ng ~y, 1993, ~ntal Hei~h ~nth ~ adopted. Page 3 ~ay 4, ~993 (~oo) FROCLAMATION ~COGNIZING MAY, 1993, AS OLDER AMERICANtS MONTH - ADOFTED Upon reading and prauntlng th~ procl~a~t~on to Tony Com~aatoner Iorr~a ~oved, ~econdad by Co~a~eatonar Constantine and carried une~ouel¥, that the proclmt~on daelgnat~ng Nay, 1993, 01dar A~er~c~n~a Month be adopted. Paga 4 (380) ~ SENVICZ ANARDS - P~ESENTED May 4, 1993 Commissioner Volpe congratulated the followLng employees and pre- sented theLr servLce awards: David R. Becket Eric V. Cline George R. Drobinski John A. Katzenberger EMS Not presented Utilities/Water Treatment 5 years Probation 5 years EMS 5 years (438) Item ~6&1 a.n~ ~A2 BUDG~TA~I~T5 93-254, 93-256/259 - ADOFT~D Co.~.aloner Volpe ~oved, uconded by Co--Lse/oner XorrL. and c&rrl~ unani~ou~ly, that Budget ~n~nts 93-254 ~d 93-256/259 B~ ~ ~SOL~ION 93-31 - ~~ Co~aLuLoner Volpe ~ed, seconded bF Co--LssLonar Norris and carried unani~ou~l¥, that Budget A~end~ent ResolutLon 93-31 be ~dopted. Page 5 Hay 4, 1993 Plt~ATZO~ OF 1992 COLLIER COU)~Y CONPREHENSIVE A]INUAL FINANCIAL I~EPO~f - Dwight Brock, Clerk of Circuit Court, stated this is a presen- tation of the 1992 Collier County Comprehensive Annual Financial Report. Re indicated that for the last six years, the Collier County Finance Department has received an award from GFOA for the financial statement. He stated that he is very proud of the staff that worked on this report and also thanked Coopers & Lybrand for their assistance in performing the audit and their cooperation. John Yonkosky, Finance Director, stated that after he has made his presentation to the Board, this report will be forwarded to the State Auditor General which is the last step of the process before the 1992 financial reports are laid to rest. He indicated that the major por- tion of the 1992 Collier County Comprehensive Annual Financial Report is the financial accounting records and transaction records of the Board of County Commissioners for the year. He stated that there is a separate financial report for each of the Constitutional Officers and a section that is called the Auditor General Section within the actual book. He noted that the Auditor General Section contains management letter comments, which are required by the Auditor General. He stated that from his perspective there are two very important documents needed, noting that one is the budget which is the spending plan for the County and the other is the Comprehensive Annual Finance Report which is basically a report card that tells what the final adopted budget was and how the spending took place during the year based on the budget that was established. He stated that it also provides a balance sheet which is a picture of the assets, liabilities, equity, and other credits that the BCC has at that particular point in time. He stated that the report has an introduction, and then a transmittal letter which is a narrative description of the information that is in the financial statements. He indicated that the second section of the Pa~e 6 May 4, 1993 report is the financial section which As the top of the pyramid and behind that is the governmental fund detail, followed by the proprietary funds, and then the fiduciary funds. He stated that the next section is the supplemental schedules which is not required but it is very informative noting that it tells all the debt services that the County Is responsible for over the years. He noted that the next section is the statistical section which Is a ten year history of dif- ferent t~pes of spending and ~nformation that reflects social and eco- nomic data as well as identifying financial trends for Collier County. He indicated that the financial section is the single audit report which is based on the single audit act of 1984 which allows the County to have one audit and have it reported instead of having separate audits on State and Federal grants that would cost a significant amount. Finance Director Yonkosky referred to the transmittal letter and the paragraph on Cash Management, noting that on Page VII there is a chart that shows a five year history of the interest that has been earned by Collier County. He stated that the interest earnings has been tn excess of the State Board of Administration which is a state- wide pooled fund. He stated that during this past year, Collier County earned 5.4~ on average compared to the State Board of Administration's 4.75~. He stated that for many years, the Clerk's Finance Office has had a goal to beat the State Board of Administration in interest earnings by at least .50~ and the goal was reached again this year. He referred to the General Government Functions page, noting that the total general government revenues collected by the County during I~ff92 was approximately 129.35 million dollars which was an increase of 2.?5 million dollars over FYgl. He indicated that expenditures of 129.82 million dollars were actually disbursed for F~92 which is a decrease of 3.5 million dollars from FY91. He noted that the total revenues collected for all fund types including governmental and proprietary funds was $187,466,8§1 which was an increase of 9.2 mi/lion dollars over the previous fiscal year. Page 7 May 4, 1993 He indicated that total County-wide expenditures were 18! million dollars for FY92 which represents a decrease of $332,545 over the pre- vious fiscal year. Mr. Yonkosky stated that the General Fund Unreserved Fund Balance is on target at this point, noting that there Is about 2 months cash reserve which is very healthy. Ms. Phyllis Jones of Coopers & Lybrand stated that her main responsibility of the report is the one page that indicates that the financial statements are reasonably stated and they do represent the financial position and condition of the County on September 30, 1992. Commissioner Matthews questioned under the Auditors General Section why there are five comments from the prior year that continue to apply, to which Mr. Brock stated that the comments that were made in the past were addressed by hie predecessor. He stated that in the future, if at all possible, the management letter comments that are made by the independent auditor will be addressed by the Clerk. Commissioner Matthews questioned how many years the business con- tinutty plan has not been addressed, to which Ms. Jones of Coopers & Lybrand stated that she believes that this ts the third year. Commissioner Matthews stated that the County is running a 300 million dollar business, therefore, a continuity plan is very impor- tant. Commissioner Matthews questioned the Capital Outlay as to why there is such a large amount of money that was not spent, to which Mr. Yonkosk~ indicated that there was a lot of carry forward. She requested a list of capital pro,acts from County Manager Dorrill and also what the variance of $35 million would represent. Commissioner Matthews questioned the revenues under taxes as to why there ts a $2.5 m~llton variance, to which Mr. Yonkosky indicated that this only accounts for 3%, adding that the County has a real good score card on ad valorem taxes. Commissioner Matthews referred to the accrued compensation and questioned if the County has a cap on how much time people can accrue, Page 8 Hay 4, 1993 to which County Manager Dorrill stated that there is a cap on both annual and sick leave and then there are limitations as to what por- tion can actually be paid at termination. Commissioner Norris ~avwd, seconded by Comatsaloner Matthmee and for ~ ~ ~ 5eptea~r 30, ~992, ~ acceptS. It~C 199S ~ ~IS~TI~ SESSION BRIEPING ~S~ ~ DI~R OF ~GI~T~ ~A~ 0Y ~ ~0RIDA ~S~IATION OF C0~I~S Mr. Stephen Hogge, Director of Legislative Affairs, Florida Asso- ciation of Count/es, presented the Board with a copy of Interface, a Governmental Bulletin, that highlights what took place during the legislative session. He indicated that during the past week or two he has been traveling around the State meeting with County Commissions to report on what the legislature dtd as it related to Issues that were adopted as priority Issues by the Florida Association of Counties. He reported that this year there have been revenue Increases which is a welcome change compared to the last two years. He stated that prac- tically all the Issues that he worked on for the FAC relating to the budget were approved. He stated the Surface Water Improvement & Management Program was increased tn funding from 3 mil/ion dollars last year to over 1! million dollars this year. He noted that the Preservation 2000 Program is being funded for the fourth year. He further indicated that under HRS, the Medically-Needy Program has been stated that under the Dept. of Revenue, the County Revenue Sharing dollars are up by about 20 million dollars and the revenues that Counties will be receiving under the State half-cent sales tax distri- bution are up well over 100 mi/lion dollars, which should mean signi- ficant additional revenues due to the growth that ts being seen from economic activities throughout the State. He stated that with respec- tive to Pub/lc Defender funding, that funding is up, noting that pro- Page 9 May 4, 1993 visions for additional positions for Public Defenders have been made. He noted that there ts also included in the budget, a provision for Public Defenders to report on the number of conflict cases that there are, adding that this is a positive step forward. He indicated that this year the Legislature approved as part of the Growth Management Bill, authority for counties to impose up to an additional five cents in local option gas tax to be used specifically for transportation. He stated that this can be imposed by referendum or by a majority plus one vote of the Commission. He stated that there is an existing voted local option gas tax penny which required a referendum and was reserved exclusively for County road systems, noting that the legisla- ture changed that this year so that the additional penny can be imposed by a referendum or by a majority plus one vote of the Commission. He stated that he hopes that this will provide some relief in meeting some of the transportation mandates that the legislature has handed done. He stated that when the Legislature passed the Growth Management Act in the mid 80's, they made the local option sales tax available for counties to help meet some of the infrastructure needs, not Just transportation. He indicated that counties were only given five years to impose the local option sales tax and that authority expired this past November. He stated that if Collier County did not levy that local option sales tax up to that point, then that ability was lost, but this year the Legislature enacted that authority so that the counties have an indefinite window of opportunity to impose the local option sales tax with an approved referendum. He noted that if the State expands its tax base, the local option sales tax will apply to that expanded state tax base. He reported that the Regional Planning CouncilWs authorities were re- enacted this year with the emphasis being on inter-governmental coor- dination. He stated that there was a lot of attention focused on the Solid Waste Bill which was very controversial because of the advanced disposal fee which is basically a surcharge that goes on certain types of containers that are not being recycled at a §0 percent rate, which Page 10 May 4, 1993 means that there will be a one cent fee assessed on plastic and glass containers. He stated that there was a lot of dispute on this matter with the end result being that the fee would start in October and 30~ of those revenues would be earmarked for county recycling grants. He stated that this ts in addition to the recycling grants that the County is now receiving. He indicated that there is another bill that will allow County Commissioners to meet with their attorneys in pri- vate for the purpose of settlement negotiations, pending litigation, adding that this bill has not been signed as of yet. He stated that the Public Bid Disclosure Act has become law which was opposed by the FAC, noting that this bill essentially holds the county liable in the event that the bid documents do not disclose every fee and every per- mit. He reported that there was also a ma~or Emergency Management Bill that was passed this year with regards to disaster response plans. He stated that there were a couple of items that were disap- pointments, one of them relates to Administrative charges that the Department of Revenue is imposing on the County Gas tax, adding that the Department of Revenue is essentially requiring that the admi- nistrative cost is funded by a charge on only the County gas tax. He stated that FAC tried to get a more equitable sharing of the costs this year, but they did not get very far on this issue. He stated that the other issue of disappointment ts with regards to the local government Criminal Justice Trust fund, noting that FAC was trying to enhance the collection, but it did not become law this year. The following person spoke regarding this item: Fred Tarrant Commissioner Saunders stated that the FAC also f~ghts to make sure that the State of Florida is fair to the counties, adding that there are issues that may be somewhat at odds with certain taxpayers groups, but there are also many issues that are addressed that save taxpayers dollars. He stated that he feels that FAC does a good ]ob. DZ~U~SZON ON REPATMENT O1 FUND 160, NARCO ISLAND BEACH Page May 4, 1993 Mr. Stowell, representing Mr. Thompson, stated that he ts part of the 62~ that voted for public beach access when Fund 1§9 was created and he agreed to pay taxes to fund that public access. He stated that the beach needs to be better appreciated and better utilized. He provided the Board with a letter dated April 21, 1993 from Mr. Thompson regarding Fund 159, Marco Island Beach Renourtshment. He Indicated that on April 16, 1991, the BCC voted to borrow funds from Fund 1§9 for turtle monitoring, park ranger costs, and raking the beachfront with the funds to be replenished when the Bed Tax monies became available. He stated that the time has arrived and he would request that the repayment of Fund 1§9 be made. Tom Conrecode, Director of Off,ce of Capital Pro~ects Management, stated that he ts waiting for Tourist Development Council (TDC) action before he can petition the Board to repay Fund 1§9, adding that there ks an application process that has to be completed and approved by the TDC. County Manager Dorrtll stated that there ts a proposal to submit a grant to reimburse this fund, but ~t ts waiting the final decision, tn terms of the grant forms of the procedures that the TDC ts going to use to evaluate any and all grant requests and then make recommen- dations to the Commission. He stated that this w~ll occur at the June TDC meeting. Commissioner Saunders stated that the request of the reimbursement of Fund 159 ts one that the Commission needs to decide not the TDC. Mr. Conrecode stated on April 16, 1991, the Commission directed that Fund 1§9 be reimbursed from Tourist Development revenues. He said at this point there ~s $§0,000 to be reimbursed. County Attorney Cuyler stated that the Commission committed to make the reimbursement. He said the TDC authority ts to make sure that they make a recommendation to the BCC as to whether the expen- diture of the monies are appropriate and to follow the Statute and the Ordinance. Commissioner Saunders stated that he has no objection to going Page 12 May 4, 1993 forward with this matter to the TDC, adding that it seems to be a use- less act. He Indicated that when the BCC requests funding for various programs, this matter will simply be listed and the TDC will advise. No action was taken on th~s item. T~ (~6) STAFF TO PROCEED ~ITH A ~OBILZ HOM~ O~Y ~ A LI~ ~ OF ~I~ ~IN 5E~ION ~6 ~ TI~ING ~ES ~R CL~ TO BE Mrs. Evelyn Houchens, representing the landowners in Section stated that this Item ts tn reference to mobile homes in this area. Mr. Dick Clark, Code Enforcement Director, stated that section 16 ts in the vicinity of the Six-L Farm area. He said that over a period of time there have been parcels of land that has had mobile homes put on them without receiving building permits. He said that prior to the new Land Development Code, the only way the mobile homes could legally exist would be by a temporary use permit for a three year period if they were directly related to Agriculture. He stated that many of these mobile homes did not obtain the permit and are, therefore, tn violation of the old code as well as the existing code. He indicated that the property owners are trying to resolve the issue tn as equitable a manner as possible, noting that Staff would suggest that they be directed by the BCC to obtain the legal descriptions of the land that these mobile homes are on and have these property owners prepare a petition asking for a mobile home overlay. He noted that the petition would have to be signed by §0 percent plus 'one property owner and would request that they be allowed to reside tn their mobile homes as a principle use by obtaining building permits. He stated that once there is a mobile home over/ay, the rest of the County codes could be enforced. Commissioner Saundere stated that he does not feel that there ts any legal requirement with regards to a petition being signed and questioned if this ts simply for the purpose of finding out if there ts a consensus of the people that want this overlay, to which Mr. 23' Page 13 Clark replied affirmatively. Mrs. Houchens questioned if the petition is not needed, could the BCC make a decision this date to grandfather in the existing mobile homes? Commissioner Saunders stated that the BCD could direct Staff to proceed to develop the mobile home overlay for the affected area and to stay any enforcement actions until after consideration by the BCC of the overlay. Commissioner Matthews questioned why the property should not be zoned residential when the property is being used as residential pro- perty, to which Mr. Clark responded that the property is agricultural zoned, noting that most of the lots are not used for agriculture. He said you can have a primary residence within agricultural zoning, however, if a mobile home is on the property, it is limited in use for three years. He stated that if a principle structure is built on an agricultural piece of property, there is no prohibition as it is an allowable use. Current Planning Manager Baginski indicated that there are two different issues; one is dealing with the zoning and the other is the division of the property. He said due to the fact that this area is zoned agricultural, the only way you can get a mobile home in any district is through a temporary use permit. He said if a mobile home overlay is approved, it will legitimize the existing mobile homes. Commissioner Matthews indicated if the County places a mobile home overlay in the area, there is concern that there will be a lot of ren- ta~ trailers placed there. She stated that County Manager Dorrill advised her that a ceiling could be set on the number of trailers that would be allowed in this section. County Manager Dorrill stated the procedure has been discussed with the residents and what the County is attempting to do is permit and properly zone trailers that are there now, but not allow for an expansion of trailers. Ms. Evelyn Houchens stated that there is also a major problem with Page May 4, 1993 people dumping in the area. She stated that it Is her understanding that Waste Management will donate two construction dumpsters, but a waiver of the dumping fees is needed. Commissioner Saunders stated the County provides tn various com- munities a neighborhood clean-up day, adding that they would be wi/ling to assist tn a clean-up day by waiving tipping fees for a par- ticular day. The following people spoke regarding this item: Victor Valdes Carlos Ramos Juanita Soto Oo~tuloner Matthews ~oved, ~con~ c~t~ ~~ly, to direct staff to prepare a ~blle h~ ~rlay with altEt to the mr of trailers that ~ld ~tt~ 1~; t~ ~mtts for ~btle ho~s t~t do not ~ltg for within SO ~ after the ~btle ho~ ~erl~ ts tn place; t~t ~ tl~ f~ ~ ~tv~ for a ~kend cle~-up~ ~d t~t Staff ~t wt~ ~te ~nt to s~ if th~ cm resolve the Isle of tr~ ~ Clerk Hoff~ r~laced ~ecordtn~ Secret~ at this tie ''' (11~) ~ ~ ~~TION Office of Capital Projects Management Director Conrecode explained that this item is a recommendation from staff to award the contract for preliminary engineering for the County beach project. County Attorney Cuyler recalled that the question that has been raised is the extent to which the Board of County Commissioners may contract with Coastal Engineering based on the RFP that was issued In previous years. He pointed out that Clerk Brock has raised issues relative to the fact that some of the later engineering services were not, in his opinion, contemplated by or provided for in the first contract and, therefore, did not believe the County could enter Into Page 15 Hay 4, 1993 subsequent contracts. County Attorney Cuyler advised that his opinion has not changed In this regard, and noted that he has reviewed the law and believes there ts nothing precluding the County from entering into subsequent contracts. County Attorney Cuyler Indicated that the opinion of Attorney Ptres, counsel for the Clerk, ts that the Board has the ability to negotiate and contract for the remainder of the preliminary design activities, but from then on, he concurs with the Clerk that the Board does not have the ability to go beyond that and enter into a sub- sequent contract for additional engineering phases. Mr. Conrecode stated that the contract was originally developed contemplating the on-going service relationship beyond preliminary design. He noted that any of those adjustments may be made if needed after the legal issues are resolved. He Indicated that some of the specific items tn Section 2 of the contract relate to additional ser- vices which are in the body of the standard form contract, but those Items have not been hatched out to relate them to the specific contract. He remarked that those items are included in a general way and the contract provides for them to be reimbursed, tn the event they are necessary. County Attorney Cu¥1er reported that the deletion of certain ser- vices would not cause a reduction in the negotiated contract price because they are additional services. Clerk Brock related that he has requested and provided to the Commission a legal opinion from Attorney Anthony Ptres, of Woodward, Ptres and Anderson. Clerk Brock advised that it ts the request of the Circuit Court of Collier County that the Board not let a contract to exceed the scope of services, as defined by the preliminary design phase of Page 3 of the original contract. Calling attention to various Sections of the contract on Page 3, Mr. Brock stated that he does not find any supplementation or addendum OO0,, , 26 Page 16 May 4, 1993 as referenced to be in Paragraph 4 of Exhibit "A". He noted that he does find addendum/supplementations in Paragraph 2 of Exhibit "A" which states: "During the preliminary design phase the engineer shall perform only those elements as listed below .... " He remarked that those specific services are delineated. He requested that the Board not let a contract to exceed those services defined in SeCtion 2.3 of the original contract or in Paragraph 2 of Exhibit "A" of same. Clerk Brock explained that he has reservations about the provi- sions of Section 2 of the new contract. County Attorney Cuyler stated that he understands that staff has discussed with Coastal Engineering the elimination of anything in Section 2 that would go beyond the preliminary design. Clerk Brock reported that he would be happy to sit down with the County Attorney in an attempt to resolve any problems that are per- ceived. At this time, Clerk Brock, County Attorney Cuyler and Attorneys Pires and Goodlette departed from the meeting to review the contract and the differences of opinion relating to same. (~60) Captain John May addressed Camp Mayday, a program for kids at risk and noted that the idea is approximately 227 years old. Captain May explained that he was contacted for help by the Juvenile Delinquency Council Task Force. He Indicated that Camp Mayday was born as a result of addressing this group. Captain May reported that in his capacity at Naples High School, where he has n~ne years experience working with kids, at risk, he speaks daily to students, parents and counselors. Ne revealed that he hears the cry from mothers, fathers and students for help. He indi- cated that his program could be categorized as a preventive measure that would help to prevent these kids from getting into trouble that Page May 4, 1993 would lead to Jail time. Captain May suggested that a committee be established to determine the avenue to take to place a boot camp into effect for the youth of Collier County. Commissioner Volpe stated that he would be happy to put Captain May in touch with Judge Reese. ~t ~ the con~ens~ of the Co~tlelon that Captain ~ c~tact ~ ~le ~1~~ C~ctl for ln~t re~dtng d~l~tng a (227o) ~ J. ~ ~ ~ S~C~S - CO~ ~~ ~ ~UA~ Mr. Jesse Hardy voiced concerns with regard to the discharging of firearms In Golden Gate Estates, He remarked that there is an ordi- nance tn effect for the northern Estates, and requested that the southern Estates be Included. Mr. Hardy cited that southern Golden Gate Estates has been plagued with persons driving to the area and dumping their garbage and trash. In answer to Commissioner Norris, County Manager Dorrtll explained that until a management plan ts defined, there will be many conflicting problems throughout Golden Gate Estates. ~t~ t~e ~ of the Co~ilelon that the County M~lager evalute the ordtn~nca ralattv~ to the dtschar~tn~ of ftre~ md ~t~ ~ t~ of W~e collection ~d roa~y cadttt~. (28~) ~SI~ ~ ~ ~LICITATION OF S~ Affordable Housing Director Mthaltc explained that a Pocket of Poverty Grant was signed by the Governor tn July, 1988, which awarded $1 million to Collier County to assist tn the provision of /ow cost Page 18 May 4, 1993 housing for the community of Immokalee. He reported that an agreement was entered into between DCA and Collier County in March, 1989 and the agreement terminated on December 31, 1991 for the use of these funds. Mr. Mthalic advised that an agreement was entered into with Collier County Concerned Citizens, Inc. (CCCC) in June, 1989, to receive a $300,000 grant for the construction of a 24 bed Congregate Care Facility to be named "Hopewood" and to be located in Collier Vi//age in Immokalee. Mr. Mihalic stated in July, 1992, the State Housing Initiative Partnership Program (SHIP) repealed all existing Pocket of Poverty legislation. He noted that CCCC ~as failed to provide the housing as agTeed upon and they desire to terminate the agreement. Mr. Mihalic reported that CCCC has agreed to repay the $336,295.12 of Pocket of Poverty and Community Development Block Grant funds that have been used to assist in the construction of a facility. He requested termination of the agreement, upon return of the grant funds, and that the Pocket of Poverty Review Committee be directed to solicit proposals from eligible sponsors, using the original Pocket of Poverty requirements. In addition, he suggested that the committee make recommendations to the Board, relative to re-utilizing this money. The following persons spoke with regard to this item: Tape Karen Ryan Bolton Drackett A1 Bretntg James Smith Royce Hokey Henry Strozier .Max Thompson John Ryan Gunnar Pederson Hip Perry Barbara Mantlet Marion Metcalf Fred Thomas County Attorney Cuyler advised that the Board has the option to consider Collier County Concerned Citizens, Inc. in breach of the agreement and receive the amount of money as specified in the contract and they could transfer the property as they see fit. He noted that another option would be for the Board to consent to a transfer to another entity under the same contract. Page 19 May 4, 1993 Assistant County Attorney Ashton explained that the Board also has the ability to withhold consent, however, the option would then be to file suit against CCCC for damages under the contract but they have no assets. She indicated that another option would be specific per- formance to require the CCCC to perform under the contract which they have demonstrated they are unable to do so. Assistant County Attorney Ashton stated that staff recommends that the Board distribute the funds in accordance with the repealed legislation, noting that the Immokalee Friendship House would be a potential applicant. Commissioner Volpe remarked that the Commission has approved the expenditure of $336,295.12 for a particular sponsor (CCCC) and that investment has to be protected on behalf of the community. He cited that he is committed to see whether there is a way to fulfil/ the ori- ginal commitment. Commissioner Saunders called attention to the default provision on Page Z? of the Agreement, and noted that it appears that the County is entitled to reimbursement of the funds. Commissioner ¥o/pe stated that it wo~Id be much ·ore simple to a~p~ t~m m¥~an4 let ~:~di~ of the property ms the~ see fit. ~~t~er ~o~rts moved, seconded b~ Commissioner Volpe, that · ~ be s~otnted to fulfill the original co~i%~s~nt of th~ ~t w~th ~ Collier Coun%~ Co~cmrned Citizens, Inc. A discussion ensued with regard to the intent of the motion. County Attorney Cuyler explained that the motion directs the CCCC to find someone that the Board will consent to that will fulfill the terms of the contract. Commissioner Matthews suggested that the motion be amended to request that the Pocket of Poverty Advisory Committee assist the CCCC with the solicitation process. Co~A~tm~r Iorrls a~ended the ~otton u offered by Oo~lisltoner ~ ID~OomB~tltoner Volpe mccepted the Ilen~lent. Page 20 May 4, 1993 call for the question, the aotlon carried 3/2 (Comaleetonere Constantine an~ $~u~ders opposed). see !~: l:15 P.M. - Reconvened: 1:53 P.M. at which ti~e Recor~ing Secretary Ouevtn replaced Deputy Clerk Hoffnan see {2340) R~SOLUTION 93-186 ~UFPO~TING APPLICATION FOR ]qINDS FOR TH~ MIGGIN$ PASS INLET ~&~HA(I~M~NT PLAN IMPLEMENTATION PROJECT UNDER PRO~ISION~ OF SECTIOn[ 161.101, PLORIDA STATU~S - ADOPTED AS AMENDED Tom Conrecode, 0fftce of Capital Projects Director, presented a request for consideration of funding for the Wiggins Pass Inlet Management Plan In accordance with Section 161 of the Florida Statutes. Responding to Commissioner Volpe, Mr. Conrecode reported this item does not provide for additional services under the contract with Coastal Engineering. He Indicated the State sets aside money on an annual basis and this Is an application for funds that would be pro- vided in 1994 specifically for beach pass type of pro~ects. He men- tioned the County has applied in the past and will apply in the future, although Collier County has yet to receive any funding. The following people spoke regarding this item: Bill Branan Chris Straton Emily Maggie Charlotte Westman M. Inge Johnstone Co.missioner Volpe moved, seconded by Conleetone~ Norris, to ~pp~0sao ~ &pplication for fun~s for the #t~l~tns l~s Inlet ~anaOeeuent Plan I~lenentatlon Project. Conmtssioner Matthews communicated her concern with the wording on the application, because it refers to implementation of the Wiggins Pass Inlet Management Plan, while the Plan does not yet exist. Mr. Conrecode explained the Plan was started In June, 1992, and includes three phases; the first phase is the background study and analysts; a phase two report Is due tn July, 1993, and the phase three report, which consists of the final recommendations of the Inlet Management Plan, will include approximately 12 alternatives. He tndI- 31' Page 21 May 4, 1993 cared some of the alternatives recommend doing nothing with the Pass and if that occurs, Collier County will not be eligible for the State funding, because it is provided on a reimbursement basis. Commissioner Matthews reiterated her concern and referred to page 6 of the Executive Summary, which explains implementation of the Plan and Indicates work that Is already done, which has not yet been started. Commissioner Saunders agreed and suggested language in the resolu- tion be modified to read, "that the Board of County Commissioners supports the attached application for funds for the Wiggins Pass Inlet Management Plan Implementation project, twhich Plan is to be approved by the County Commission in August of 1993.~" He said a similar sta- tement needs to be made in the application package. Commd~ione= Volpe ~mended the motion to include the abov~ ~ l~e~e, ~onded by Co~iaalonar Norris and mou~ly, tbe~elTy Idopting Resolution 93-186. 32 Page 22 May 4, ~993 (3303) Ite~H3 REC0~ENDATION THAT THE BOARD OF COUNTY C0~ISSIONERS CONFIRM T~ ACTION~ ~IC~ PARTIALLY R~DEEM~D THE PRIOR PKLICAN BAY IMPROVEMENT DISTRICT ~E~IER 1978 BOND~ IN THE AMOUNT OF 8555,500, AND TO AUT~ORIZ~ ALL N~C~SS~%RT BUDGET A~ TO ACCOMPLISH THIS ACTION - APPROVED Jim Ward, Pelican Bay Services Administrator, explained in 1979, the prior Pelican Bay Improvement District issued $3,590,000 worth of sgecial assessment bonds which were utilized primarily for the construction of the water management system within that community. He said the bond documents required that upon completion of the facili- ties, all excess funds in the construction account be transferred to a redemption account to redeem bonds early. Additionally, he said, when that was done in January, 199S, an excess was created in the reserve account which was also used to call bonds. He indicated at that time, he did not come before the Board of County Commissioners to ask for approval of those actions or the requisite budget amendments, and that is his purpose this date. Commissioner Saunders noted a letter from the Clerk of Courts clearly indicates the refunding is to the benefit of the taxpayers and provides for significant savings. Clerk Brock explained the law in the State of Florida states the Clerk expends funds and in this instance, someone other than the Clerk expended funds without him knowing about it or the Board approving it, although those actions were taken with good intentions. ComLtmioner Volpe moved, seconded by Cou~issioner Matthews and carried unanimously, to confirm the actions which partially redeeBed the I~tO~ Pelican Bay IBprovement District Series 1978 Bonds tn the amount of $SSS,SO0, ~ to authorize all necessary budget amendments to accomplish this action. Tmpe~4 (iS) Item ~glll RIC(~OJI~FDATIOJ[ TO APPROVE AN i~qrgMENT FOR PROFESSIONAL SKRVIOE~ WITH COASTAL KIHIXIrKERIJ~ CONSULTANTS, INC., TO COMPLITK THE PRELIMINARY DESIGN PHASE FOR THE COLLIER COUNTY BEACH RESTORATION AIFD MANAffKM~NT PLAN- APPROVED WITR CHANGES Page 23 Nay 4, 1993 This item was heard earl/er in the meeting and continued to this time. Tom Conrecode, Off/ce of Capita! Pro~ects D/rector, provtded the Board with a copy of changes that were made to the contract, following discussion between Attorney Anthony Pires, Clerk Brock, the County Attorney's Office, the engineer and his attorney. He noted the revised items more clearly define only the specific items related to the preliminary design phase of the project. Clerk Brock advised the Board that it is his counsel's position, Attorney Pires, that it would be in compliance with the Consultants~ Competitive Negotiation Act (CCNA) to /et a contract for the prelimi- nary design phase of this project; however, it is both their opinions that to let a contract for any future engineering services on this same project would require going back before the CCNA. Otherwise, he said, when the Board moves to take action on additional services from the engineer, the same problem will reoccur as to whether it must go back out for competitive negot~ation and selection. Commissioner Volpe communicated hie understanding that the Board has the authority to let another contract with Coastal Engineering Consultants for preliminary design, but questioned if the Board is obligated to award the balance of the preliminary design work under the original RFP to Coastal Engineering Consultants? County Attorney Cuyler replied the Board has an obligation to negotiate the contract, review those negotiations and decide whether they wish to enter into a contract based on those negotiations. Clerk Brock asked if it is the opinion of the County Attorney that those additional phases of the contract, beyond the preliminary design phase, must also be given to or negotiated with Coastal Engineering Consultants? County Attorney Cuyler stated the Board has an obligation to nego- tiate with Coastal Engineering Consultants unless they represent they do not wish to do so, which would result in a new RFP. Clerk Brock reiterated his concern that the same difference of Page 24 May 4, 1993 opinion between himself and the County Attorney will again occur at that Juncture. In answer to Commissioner Constantine, Mr. Conrecode stated the next step of this project will occur in approximately one year. County Attorney Cuyler stated the chances of settling this issue within that time frame are very good, depending on the direction of the Board. The following people spoke regarding this item: Bobby Cadenhead Arthur Neumann Jon Staiger City Councilman Ron Pennington Dick Laymon Bill Neron Dr. Michael Stephen with Coastal Engineering Consultants, Inc., communicated the scope of work for this contract, along with related costs, have been reviewed and approved in publicly advertised meetings. He said they have proceeded in good faith to work with County Staff, the beach committee and the Tourist Development Council and have made numerous informative presentations. He said they have been on record as the project engineer since 1989 each time the County submits continuing funding requests to the State. Commissioner Volpe asked for an explanation of the additional com- pensation noted on page 33 of the contract. Dr. Stephen clarified the provision referred to by Commissioner Volpe does not relate to any construction activities, but only to those subcontracts which are approved by County Staff that are necessary to be performed under this contract. For example, he said, when his firm hires the barge and crane to conduct some of the off- shore sediment collection, the administrative aspects of that work are entitled to a 10~ administrative fee, which ls standard language in all County contracts. Referring to page 12 of the contract, Commissioner Volpe recalled previous discussion that the decision regarding equitable adjustment, if this work goes beyond 12 months, would be left to the Board of County Commissioners. He asked if Dr. Stephen will accept a modifi- cation to paragraph 4.3., specifically, that "the CONSULTANT's compen- 35 Page 25 May 4, 1993 sat/on 'may' be equitably adjusted", rather than "shall"? Dr. Stephen responded in the affirmative. The following person spoke at this time: City Councilman Joseph Herms A lengthy discussion ensued regarding whethe= or not a sand source identification must be made as part of the preliminary design, and whether preliminary design itself is necessary to this project. Answering Commissioner Saunders, County Attorney Cuyler advised if the County enters into this contract with Coastal Engineering Consultants and everything remains the same with regard to future contracts, the Board has an obligation to at least negotiate in good faith with Coastal Engineering. He said the only way he would be com- fortable if the Board indicates they do not plan to go forward, would be for Coastal Engineering to state on the record that they do not plan to sue the County. In response to Commissioner Constantine, Dr. Stephen stated if the subject contract is approved, he will agree not to bring suit against the County if the selection process is used for future phases of the work. He indicated his firm is the most qualified, with the best professionals available for the Job now, and they will only be better during future negotiations. Commissioner Constantine suggested as part of this contract, that four or five clam shell sources be placed on the beach side-by-side with the upland sand sources, in order to identify the best source. Dr. Stephen agreed to that stipulation being included in the contract. He asked for clarification on the scope of this contract with the changes being made. Commissioner Saunders listed items on page 36 of the contract, Schedule "B", Attachment C, that will no longer be included at this point in time; specifically, A.4.1.1, A.4.1.2 and A.4.1.3; A.4.4.! will be reduced to SlO,000 and A.4.4.2 will be eliminated. Commissioner Constantine noted the above changes result in Schedule "B", Attachment C, being reduced from $386,I00 to approxima- Page 26 Nay 4, 1993 rely $219,000. The fo/lowing people spoke regarding this item: Inge Johnstone Fred Tarrant Tape ,5 City Councilman Ron Pennington Bobby Cadenhead ~eet~r Constantine ~d, ~ccrmi~d b~ O~lmml~ No. tm, to ~ ~ ~t with C~tal ~gtn~rlng Co~lt~tm, Inc., wt~ ~ tmllmi~ sii~latt~: t~t the ~d foll~ the ~ts ~ t~ C~W ittom~, t~ Clerk's atto~ ~ ~~ ~St~s ~ttom~I with t~ c~ges ~de l~rtng Sis ~', itt~c~nt C, fr~ ~386,100 to $219,000~ t~t nots ts t~ of ~. St~s ~~nt not to ~s lttt~ti~ in the ~ ~ ~ t~t the cl~ shell ~d upl~ s~d s~ces first ~ ~1o~, ~c~ ~d co~r~ ~fors ~ d~ctsta reg~rdt~vtbr~cor~s In response to Commissioner Saunders, Dr. Stephen affirmed his previous statement that Coastal Engineering Consultants will not'pur- sue litigation against the County if the Board elects to go to another selection process under the Competitive Negotiation Act for any future phases of this project. Cowry Attorney Cuyler recalled a modification on page 12 of the contract, replacing the word "shall" to "may" was previously discussed. ~ ~11 f~ t~ ~stta, the ~tton c~rrt~ ~t~ly. Page 27 May 4, 1993 cee I1~=~= 3:55 P.M. - Reconv~n~d: 4:05 P.M. at which Recording ff~-~tary ~urlffy replaced Recording Secretary Ouevin ~J~OLUTIO~ g~-lt? ~UPPOFfl~C~ I~I CREATION OF THE PELICA]I KILRSH CO~IIUNXTT D~J~gLOFI~E~ET DXSTRXCT - ADOPTED Office of Capital Projects Management Director, Tom Conrecode, stated that this hearing ks under Florida Statutes 190 pertaining to community development districts and the establishment thereof. He stated that the petitioner has a number of their experts available to answer any questions. He stated that in reviewing the petition, Staff has had all their concerns addressed and there is no objection to pro- ceeding with this community development district. Assistant County Attorney Richard Yovanovtch stated under Chapter 190, once a Community Development District (CDD) reaches the popula- tion requirement for incorporation, there is a mandatory referendum that must be held within the CDD to determine whether or not the district wants to incorporate. He said the requirement is 5,000 people. Commissioner Volpe stated that if a community development district meets the requirements of §,000 people and it decides to incorporate, and that area becomes another city within Collier County, would that City then be obligated to continue to pay impact fees to Collier County as they pull building permits to build within their district? County Attorney Cuyler stated the District would continue to pay impact fees for items of a County-wide nature. Commissioner Volpe stated that at build-out this 2,000 .acres could have 18,000 people, noting that he would like to be able to con- tinue to collect impact fees for Parks & Recreation, Library, and Law Enforcement. He indicated that this is a critical concern to him. In answer to Commissioner Constantine, Assistant County Attorney Yovanovich stated a disadvantage of this area being incorporated is the infrastructure of a CDP that is typically funded by levying a spe- cia/ assessment which is usually collected on the tax bill. He stated Page 28 May 4, 1993 that tf the developer should go bankrupt, the tax certificate would be offered for sale and no one would purchase it, and therefore, the County would lose its taxes. He stated that the petitioner has recom- mended that the property owner be required to divide the parcels up into more manageable smaller tax certificate parcels which should eli- minate the problem. He stated that another issue was the water and sewer issue, noting that the County should continue to have a regional water and sewer system. He stated that a memorandum of agreement has been reached with the developer/petitioner and the Board of Supervisors will be asked as one of their first substantial acts to enter into an interlocal agreement whereby the County is the water/sewer irrigation purveyor within the Community Development District. Ken Van Assenderp with Young, Van Assenderp, Varnadoe & Benton, P.A., stated under Section 190.047 of the Florida Statutes tt states that when the threshold of Chapter 165 is met of 5,000 people and the related density matters, there shall be a referendum of the people who live within the district boundaries. He said the question on the referendum will be whether to incorporate. He stated that if the referendum fails or passes, there is no incorporation, but if it passes, the referendum states that the requirements of Section 16§.061 will be instituted which is the formation of municipality law. He stated that after all the procedures of this section have been met, it may or may not result in a new community. He indicated that at this point, the County would have the opportunity to participate in this process and help write the Special Act. Commissioner Matthews questioned if the customer literature that is provided to the buyer will spell out that the infrastructure is not included in the price of the lots and the buyer will be paying for it over a period of time, to which Mr. Van Assenderp replied in the affirmative. He noted that Section 190.048 requires that in any contract for sale, it will state that this district imposes taxes or assessments or both taxes and assessments on this property and they Page 29 May 4, 1993 are for the construction, operation, and maintenance of certain basic infrastructure facilities and are set annually by the Board of the District, and are in addition to County and all other taxes and assessments provided by law. He stated that Section 190.009 also requires that prior to any sale, a full disclosure notice shall be furnished to future property owners, existing owners, and developers. He noted that this disclosure notice is a/so sent to the County and the DCA. The following people spoke regarding this item: George Keller Commissioner Saunders stated that the public hearing is closed. c~t~ ~~IF, to ~rt the creation of the ~ltc~ ~ C~~ ~l~t Dtotrtct, t~re~ a~tt~ ~eolut/~ 93-187. Page 30 Nay 4, 1993 AND SENER F&CILITIES FOR BERESNII~ LAE~S, UNIT This item was heard in conjunction with Item #8A3. Acting Community Development Administrator Ed Naguire stated that this item and the next one deals with the acceptance of water, sewer, roads, and infrastructure improvements to Berkshire Lakes, Unit Seven. He stated that it is his understanding that both these items were continued from the April 27, 1993, meeting to obtain a determination as to whether or not it was appropriate to tie-in the hurricane shelter requirements for this development with the acceptance of the infrastructure for Unit Seven. Commissioner Constantine stated that according to Ordinance 91-45, it states that prior to the platting of Berkshire Lakes, Unit seven, specific hurricane protection and evacuation measures will be agreed upon between the developer and Collier County. He stated that it also indicates that the Berkshire Lakes Development Order shall be amended to include specific language and requirements of the said agreement. He questioned if specific language dealing with the shelter and eva- cuation measures is available. County Attorney Cu¥1er stated that this matter has been researched and it has been determined that there is nothing that requires this hurricane shelter to be in Unit ?. He stated that previously the developer came in and the Board was talking about some alternative m~t~gatton measures and the Board ultimately decided that no alter- native mit~gat~on would be accepted and the developer would have to comply with the development order documents and the PUD documents. He indicated that the PUD ind~cates that there will be a specific agreement, noting that to the best of his knowledge, there has not been an agreement presented as of this date. Mr. Tom Maloney, representing Coast Communities Corporation, stated that the Ordinance was adopted in 199! and it contemplated that Page 31 May 4, 1993 there would be an agreement that addressed hurricane obligations that would be accepted by the Board in lieu of the hurricane obligation to construct a 11,000 square foot building. He Indicated that those discussions and negotiations took place over a one year period and was brought before the Board on two occasions. He noted that on December 22, 1992, the Board made a motion that the developer be required to do exactly as the original PUD indicated, which did not mean that there was to be any t~pe of separate written agreement. He said the agreement was to do what was originally required. Commissioner Constantine noted that he and County Attorney Cuyler listened to the tape of the motion and the intent was very clear which Indicated that there would be a shelter with a specific plan as to when and where the shelter would be. Mr. Eric Young, Community Development Department, stated that when the PUD amendment was written and adopted there had been no nego- tiations about hurricane shelters or hurricane mitigation. He stated that then Staff was given clear direction several times to develop mitigation language in order to strike all the original hurricane requirements and replace it with requirements that the SWFRPC and the BCC would feel were more appropriate and more effective. He Indicated that over a period of 18 months Staff developed several mitigation plans, noting that the first plan was brought before the BCC in the latter part of 1992. He reported that at that time, Staff was directed to go back and make a few small changes. He indicated that Staff was directed to find a method to help fund the Emergency Operations Center renovation, adding that when Staff returned to the Board with a mitigation plan, it was decided that there was not to be any mitigation and the petitioner was to stick with the original com- mitments. He indicated that this means that the developer is required to build a specific number of square feet for hurricane protection, adding that the motion of the last meeting was the agreement as understood by the petitioner and by Staff. Commissioner Constantine indicated that the Board did not state Page 32 May 4, 1993 that the agreement was not wanted, the Board simply stated mitigation was not wanted. Commissioner Volpe stated that the development order states that the Developer is to build a hurricane shelter of not less than ll,400 square feet. He questioned if there are any other specific require- ments with regards to hurricane protection, to which Mr. Young stated that there are deed restrictions that indicate that people on the first floor of a multi-floor structure can go to the second floor and the people on the second floor have to understand as part of their deed agreement that they would have to allow this. In answer to Commissioner Constantine, County Attorney Cuyler stated that based on the reading of the PUD ordinance, there needs to be an agreement. He indicated that this item could be continued for two weeks tf an agreement could be worked out and if the Developer agrees to it and it could then be brought back with the excavation permit or it could simply be continued for one week to work it out. He stated that even though the PUD states prior to the platting of Unit ?, this agreement could be continued for a short period of time. Com~issioner Volpe stated that the recordation of the plat can be delayed or the acceptance of the water and sewer can be delayed as long as the Board has the control. The following person spoke regarding this item: Rev. John Ltndell Commissioner Norris stated that he would like to see the hurricane shelter as one of the first things completed as part of the Infrastructure for Unit Seven. Mr. Maloney stated that he ts recommending that all the planning be done for the 160 acres and the balance of the DRI requirements be accounted for prior to the platting of Parcel E. He stated by that time, the location will be designated and possibly the actual hurri- cane shelter itself will be built. Commissioner Constantine stated if the Board can come to an agreement that states that the shelter will be one of the first Page 33 May 4, 1993 things done, then he would not have a problem with it. Commissioner Matthews stated that she would like to know when this shelter will be built. Mr. Paul stated that he is being requested to do something that is extremely impractical. He indicated that the ll,O00 square foot building has to be a marketable item among the 160 acres, adding that he is not sure what the market is telling them to do. He stated that this has to be land planned around the marketplace, adding that he has to meet the obligation but it is all based on being a marketable item which is an unknown. Commissioner Constantine said he is not concerned with a timeframe, he is concerned with once the development begins that the shelter will be the first unit completed. He stated that If the Developer cannot commit to the shelter being one of the first items completed within the 160 acres, then he cannot vote to approve the platting. T~pe ~ Mr. Paul stated that he is requesting that prior to the platting of Parcel "E", he Come back before the BCO with a plan regarding the hurricane shelter, adding that this would be within six months. Commissioner Volpe indicated that there needs to be some type of penalty in the event that this plan is not brought back before the BCC by the end of the year. ~:l~toQ4~' Volpe moved, ~econded by ComBie~ioner NozTte And ~ ~t} to ~=~ for rscorttn~ th~ plat of ~lt ~, ~ to ~ ~ ~t~r ~ s~r fs~tltti~s of Unit · with tbs ~rst~ln~ t~ ~ of ~ C~lssl~rs ~ pl~ for ~rc~l 'E' within the ~r~i~ ~ ~I ud t~t if th~ t~slo~r f~tls to ~lop t~t pl~ ~ bring it ~ck ~fore the ~C prior to Ncem~r 31, 1993, t~t t~ ~ foll~i~ a ~bltc hearing ~ld constter the ~fl~al of ~ Eldtq ~tts for the ~l~ce cf the ~r~hire ~es DRI uttl May 4, 2093 guch an ~egrooment :lo reached, thereby, adopting ReoolutLon 03-180. County A~orney Cuy]er s~a~ed ~a~ i~ ~hio is the agreement, would ~ggeo~ tha~ ~lo be reduced to writing. Mr. Ma~one~ s~a~ed ~a~ he will br~n~ ~or~h ~or ~he Board's con- underst~d~n~ that ~f the Board dec~des that the plan ~s not toru, The developer will not be penalized. Itu ~ ~~l~ 03o180 ~ZN~ ~ FZ~ ~T O~ B~HZ~ ~ ~ZT ~ ~ ~ ~0~ - ~D ~Z~ STZ~TZO~ The motion for this item is in the prevlous item as it waB heard in conjunction with Item #8A2. Page 35 Hay 4~ 1993 RI[C~~TIO~ TO UI~RADE COt~U'l'~t ~ IN ~ COUITI'T~A~S &~C~- C~T~ TO 5/11/93 (k~i#lone~ Mstth~m ~ved, seconded by Commissioner Volpe 11, 1~3, ~TZ~ ~ ~ISR A ~ Z~~ S~ZCE ~ ~R A~~ ~~ ~ - ~~D ~ 5/11/93 C~ml#toner ~atthews ~oved, seconded by Co~lmeloner Volpe and carried 4/0, (Commissioner S~unders out), to continue Item ti'aR4 to May 11, 1093. Item R~CO~DATION OF APPROVAL OF TI~ MODIFICATIONS TO THE PLAN OF $~NVICE FO~ 1~~ 1992 AND PLAN YEAR 1993 IN ACCOI~DANCE WITH THE ~ T~ THE JOB TRAINING PARTNERSHIP ACT AS APPR~ BT $OUT~T FL(~ID& P~IVAT~ INDUSTRY COUNCIL, SERVICE DELIVENY AREA #20 - COFI'IIR~TO 6/11/93 Co~aloetoner Matthews Bored, seconded by Co--,,,temtone= Volpe and c~rried 4/0, (Co~teetoner Ieundere out), to continue It~ ~gB to May 11, 1993. 1t~ ~OF~TION DII~CTIN~ THE COUNTY ATTO~S OFFICE TO FILE FO~CLOSUR~ F~OC~D-- ~ T~E FROFERTIE$ AND O~NERS OF CERTAIN PARCELS THAT Page 36 Ma~4, ~993 PAV/IIS ]L~KS~I~3ITS - CORT~NUED TO 5/11/93 Transportation Services Administrator Archibald stated that this Item is a follow up to action taken by the Metropolitan Planning Organization (MPO) at their meeting of April 9, 1993, regarding the Fatal Flaw study. He Indicated that there were five alternatives derived from that meeting along with cost factors, environmental Issues, and the bridge crosstng Issues. He stated that he ts requesting that the existing purchase order be increased by the amount of $3§,000 to allow a traffic revenue and toll study which will pro- vide Information as to whether or not this project will be feasible as a toll project. Commissioner Volpe questioned why this work cannot be done by the expanded MPO staff, to which Mr. Archibald replied that most of the base data will be provided by the MPO, which ts reflected in the price that has been submitted. He noted that a very detailed arterial and local road analysis will be done in the area of the airport and the bridge and there will be a lot of man hours Involved in validating the study. He stated that one purpose of this contract ts to have a suf- Page 37 May 4, 1993 ficiently complete report in order for a decision to be made with regards to the feasibility of a toll option. Commissioner Constantine stated that a letter from CH2M Hill indi- cates that they will contact the City and County to determine what information is available, adding that this seems to be a waste of time and money to have someone from the outside contacting the County staff to see what is available and then paying them to do that. He stated that the County will still be using their own man hours to research what is available. Mr. Archibald stated that the Naples area transportation model will be used which the County staff has, to apply it to a very detailed area to be able to authenticate the trips that are going to result. He stated that the authentication of that information on both the arterial network and the city streets is what is going to require the man hours. Mr. Archibald stated that Bart, Dunlop & Associates, Inc., is recognized state wide on toll revenue studies. He stated that he is looking for a credible report, noting that the City and the County are not looking to fund this project from any identified revenues other than from the toll concept. In response to Commissioner Matthews, Mr. Archibald stated that Bart, Dunlop & Associates will be doing the modeling work and the authenticating, as well as supplying the report. He stated that CH2M Hill has a contract with the City and they have done the economic aha- . lysis of the five different alignments, and Bart, Dunlop & Assoc., are going to be doing the traffic and the revenue issues, but some of their analysis will be done based upon the coat that is being provided by CH2M Hill. Philip C. Becket, project Manager from CH2M Hill, indicated that part of the task will be simulated data that the County staff is deve- loping, noting that the traffic, the toll and the study period will be forecast to the year 2010. He stated that monies that are funded for CH2M Hill is to look at more detailed cost estimates so that there is Page 38 May 4, 1993 a better basis of understanding the construction costs that the tolls and revenues will be relegated against on a long term basis. Commissioner Volpe stated that without seeing the Fatal Flaw Study, he is not sure if he is in favor of moving ahead with a study for an alternate route with a toll facility. He stated that he is not sure if he wants to go forward with even contemplating another east/west corridor over the Gordon River at any location other than one at Golden Gate Parkway. Commissioner cOnstantine stated that he feels that everyone wants to move ahead, but he is not sure that the entire $35,000 is necessary. County Manager Dorrtll stated that his suggestion is to refer the matter back to the MPO coordinator to see if the scope can be revised and the work of the consultants minimized. Transportation Services Administrator Archibald stated that Staff is bringing this matter to the Board because they feel that It is worth the money to have the toll study done because it should produce some good results. Commissioner Constantine stated that he is not comfortable with voting on the issue at this time and after further discussion, it was the consensus that this item be referred back to the MPO to see if the scope can be revised and the work of the consultants minimized. $e$ Deputy Clerk Hoffman replaced Recording Secretary Hurley at this tim IM~~T~, INCLODING A REIMBURSABLE CONFI~IICTION AGREeMeNT FOR ~ ~/~S TO SAID PARCEL - APPROVED Transportation Services Administrator Archibald explained that this item deals with Parcel 140, the Stiles PUD on the South side of Immokalee Road, and a project In which the County acquired 25t of road right-of-way. He noted that as a result of utilities, a sliver of approximately 660' of property was still needed. He advised that the Page 39 Nay 4, 1993 cost of fee simple purchase of this land is $35,000. In addition, he indicated that there is severance damage involved due to a buffer requirement which amounts to $25,000. Mr. Archibald advised that the total amount of the purchase agreement is $60,000 and staff recommends approval of same. Mr. Archibald stated that a contract has been negotiated to pro- vide turn lanes for the same project. He revealed that the County would construct the developer's improvements for the turn lanes as part of the four laning. He reported that the cost of this work is $18,540.26 in addition to ?X for administration and inspection fees resulting in $19,838.08 accruing to the County. Nr. Archibald requested that the Board consider both agreements, recognizing that there is some offsetting affects. Mr. Archibald affirmed that the developer has made commitments to provide construction easements at no cost in addition to providing a right of entry form. Ceeeaimie~e~ ~rria ~, ~condedtry Coamisstoner Volpe and ca.rig 4/0 (~tmioner Saunders not present), to approv~ the purchase a~r~e~ent and the retlbursable construction agreea~nt as ~ by ~taff in the Executive Summary. ~ 4O Nary 4, 1993 Item~Cl PROPO~A~ ~ TEE GUL~:~0AST L/TTLK LEAGUE TO RgGOTTATE ~:)R TR~ SAL~ Or ~ LX~TL~ ~ FIKLD~ - ST&.V~ TO NEGOTIATE A~ TO ~DK HAIRTE~&RCK - APPROVED Public Services Administrator Olltff stated that this is a request for the Board to consider two specific issues. He explained that Lely Development deeded 4.24 acres to the Gulfcoast Little League tn 1981. He re~orted that two fie/ds were built on that site in addition to a two story building which houses a snack bar, storage, and an announ- certs booth. He noted that this ts the last privately owned Little League facility in the County. Mr. Olliff recalled that the Parks and Recreation Capital Plan calls for the construction of a community park in the South Naples area and staff ts hopeful that this would be located adjacent to Lely High School in the Naples Manor area. He remarked that Little League fie/da would be included tn that park site. Mr. Olliff advised that a letter has been received from the Gulf¢oast Little League with a proposal to negotiate the sale of those facilities to the County. Mr. Olltff requested that the Board determine whether there is enough interest to direct staff to negotiate with the Gulfcoast Little League for the purchase of the two fields. Mr. Olltff explained that the County has historically provided maintenance to the facility, uaing an annual agreement with the League. He noted that there is not currently an agreement, however, the new fee structure requires a $5.00 per child fee for maintenance. Re indicated that an agreement ts attached to the Executive Summary which provides for maintenance and is prorated for the remaining season. Commissioner Volpe cited that he is not opposed to relieving the Little League from some outstanding debt service, but noted $250,000 for the purchase of the site is unfair to the community. C, olmtostorie~ Norris moved, seconded by Commissioner Volpe and ilO0 ~q~ 41 M~y 4, 1993 ~a~ wi~ ~ ~lfcout L~ttle ~e for the ~rc~ of t~ ~ ~W ~~ to ~ ~ atnor script c~ to the ~~ ~~ ~ ~T ~~ CO~U~ION ~~ - Assistant Utilities Administrator Bloetscher reported that this item is a Work Directive change to the construction contract with Great Monument Construction Company for specia! coatings that need to be apl~]ied in the chemical areas at the North County Regional Water Treatment Plant. Mr. Bloetscher requested that the Board re-establish the $50,000 threshold ~der the purchas~n~ policy for adjustments to the contrac~ since the work directives exceed that amount. ~Ni~ ~is ~, Nc~ded ~ C~issioner ~tthM ~d ~~ 4/0 (~~i~ ~r~ ~), to I~r~ ~rk DI~I~ to t~ ~th ~W ~l~l Niter Trea~t Pl~t c~st~ctt~ c~tract with Emt ~t C~st~ctlon C~y, ~d a~r~e t~ ~t ~t ~ to ~e ~ to the project acc~t ~d ~ ~1~ t~ $50,~ t~eshold ~der the ~c~/ng ~1t~ for a~- nts~tl~ c~ order ~J~ts to the contract. (ll~0) It~ ~U ~TI~ ~ ~ ~ ~ BID ~ESS ~ A~ORI~ ~ ~ ~~ 0~ ~R ~ ~FING OF ~ I~~ LI~ - ~ ~1 ~ BID ~ESS NAIAD= ~G~ ~~E ~ ~ ~ ~FING IN ~ ~ OF $9,940 Skip Camp, Facilities Management Director, advised that the Immokalee Library roof has been scheduled for renovation for the past couple of years. He explained that the effects of Hurricane Andrew Page 42 ~ay 4, Z993 and the 'No Name Storm" have exacerbated the condition of the roof which is now leaking severely. Commissioner Volp~ mov~, seconded by Coumieelon~r N~tthewo =1~ 4/0 (~~l~r S~ers ~t}, to declare to ~11 ~f~ tn the ~t of $9,940. Legal notice having been published In the Naples Daily News on April 11, 1993, as evidenced by Affidavit of Publication flied with the Clerk, public hearing was opened. Wayne Arnold, Senior Planner, stated that this item is a request to change Aristocrat Court North and Aristocrat Court South, in the Park Place West Subdivision to Imperial Drive. He noted that staff and the 911 Emergency Services coordinator have no objection to the street name change as proposed. There were no speakers. Commissioner Constantine announced that the public hearing is closed. ~~t~w~lpe moved, seconded by Co.missioner I~atth~w~ ctrrlod4/~ (Comalootoner S~u~ders out), to approve the renaming of ~igtocr~t Cou~ Jorth and Aristocrat South to Imp~rtal Drtvo, 8dop~tng Jtooolut/on g3-188. 000 207 Page 43 Hay 4, 1993 ~.al~lo~r Hatthe~s .~ed, seconded by Co.~tsstone~ e~r~ied.aanis~msly, that th~ following itesm under the consent and/or ~gopted: Its A~ANC~ OF ~ ~ECURITY FOR 3J~G~R PUD PUMP STATION NODIFICATION IN ~ ~ OF $3,112.22 (LETTER OY CREDIT) D~ItIliAS~, MAT~3~ &lid S~R INFRO~ FOR TH~ FINAL PLAT OF 'QUAIL UNIT ON~, BLOC[ D R~PLAT' - WITH STIPULATIONS AS D~fAILED IN ~ ~ AND ACCEPTANCE OF L~I'f~R OF CP~DIT See Page ~ / Item ~1~k4 MAT~I~ ~ ~ FACILITINS ACC~P%'~ ~R QUAIL ~ST, ~IT O~, B~ lte.#l~l~ OR Book Pages NOTE: Documents not received in Clerk to Board office SEE PAGES ~c:~ ~_- _.~.c~ ? as of July 19, 1993 NAT~A~D ~ FACILITIES ACC~i~I'ANCE FOR QUAIL I~ST, UIIIT 01~, BLOC][ D - ~ 8TIINILATIONS A~ DFTAILED IN TH~ ~X~CUTIV~ SUNMARY OR Book Pages NOTE: Documents not received in Clerk Lo Boaad office as of July 19, 9 SEE PAOES ~ OF T~ I~CORDKD PROI:r~qT~ LINS OF LOT 1, BLOC][ 395, I~LRCO B~ACH UIF~T 12, ~Yf.,T~8 FROM PAST SEAMAL~ RECONSTRUCTION AGlt_t~ME~T WITH B&~CFLORIDA, F~B, ~R ACCESS WITH RADIO ROAD ~ LJL~ING III ~ I~)TAL ~10,516,46 - SUB.T~CT TO STIPULATIONS See Pages Page 44 Hay 4, 1993 JkG]~T~ ~ FOR 8~L~T ~ T~ T~ COLLIER COURTY JkNO~T OF See Page JJ~flCI OSP PJt~B~S'K TO PAY AND &G3q. KKMErf TO KXTKND PAYMKNT OF SI'MER IMP,fb~T ~ J~R PAUL B. AWD Iq&RY L. ~, GEORGE MKLLKIJ ~ J'OYCK Item d~J. SDa NOTICE OF PROMISE TO PAY AND A~ TO KXTKIFD PAYM~IIT 0F S~ Z~ ~ ~ ~KS ~ H~, ~NC., A ~OR[DA CO~TION Item J181 ~ to Ite~ ~K2 Item ~1~ merewd to Item #8E3 I~OLIYI~OM ~$-1~0 &UTHORIZING ~XP~NDT/~FP~ OF FURD~ OF ~ OF DZM~$ 'M&L~ J~F~C&' JkCTI~TI~$ - IR ~ &MOUIIT OF $600.00 See Page d~-// Item JI~FI ~ ~ FOR ~ M/T~ NORTH N~, ~ ~, Cl~ OF ~, ~, ~ ~, BIG ~~ ZS~ ~ ~CO Z~ Item See Pages Page 45 May 4, 1993 60 DITfbSRI~3IT KXTK~IOX FOR NAFL~S RECY~LZI~3 RKSOURCK~, INC. FOR THI PUB2~SI ~FC~MPLITZON OF RECTULI]~3 AND CLKA~-UP OF THK O~A~T~OJI/DSMOLZTION RKCYCLIN~ AT THE ~APLKS LANDFILL RIOOLUTIOJl 93-181 ~FPI'O~TI~ T~ &PPLIC&TZOR FOR IM:INDS IP~R ILILPLE~/PAII~SHORI BEACH RKIIOURISHJ(KIFT PROJKC~ URDK:R PROV/SIOI~ OF 161.101, lJ~dORID& See Pages Item #18 RESOLIFFION 93-182 SUPPORTING THE ~ICATION ~R ~ ~R ~ V~~LT ~ ~I~ ~0~ ~ ~ISIO~ OF SK~ION 161,101, ~ ~A~ Item ~16~ mo~gd to Item ~8H5 Item r1694 ~~J[ 03-183, 93-184, ~ 93-185 ~~ING ~ ~ICATI~ ~R ~ ~ ~ ~ P~S, C~I/BZG ~ P~S, ~ C~ P~S ~ ~ ~ ~~T~O~ ~ ~vzszo~ or sz~ 162.~o1, ~0Jl O~ ~ ORDKR ABB-13 UNDKR TH~ &NN~AL AGRKKMKIIT II~R ~ZOJIAL 13JqIINKERIW(t SKIqVICKS MITH A~NOLI, BARBER AND BRUNDA~K, IJ~., RI ~ PASS BEACH PARK Item ~'1S116 ~ (Jg~DI31S TO THI CONSOT,?IRG LAWDSCAPK ARCHITECT AGRKKMI3~ TO PROV13~ POR OGOe~ITION OF THE MASTER PLAN AND SERVICES IKIRING G~IrSTJ~Og OF PHASE ONK FOR THE IMMOKALKK BEAUTIFICATION M.S.T.U. See Pages ~_~Om /~_~/ &GI~T ~TN ]Uti)lO ROAD JOINT ~ TO FROVIDE R~IMB~R~I~T FOR BGq2LIVARD IN Tll MAPLES PROI~CTION PARK MUNICIPAL SERVICH TAXIIM AND See Pages Page 46 ~a¥ 4, 1993 Iteu#llill ORDER #20081 WITNN/LSON, MILLE~, BARTON AND TO T]~ &~ FOR PROFESSIONAL S~NVIC~S IK~RI~ BII~I]I~ AND CON~I~UCTION OF IMFR0V~NTS PORTH~ HAPL~S Zte~ ~1S3 MZ~'~m~]IS[~q~S (X)RRI:~POWDKJlCK - FILED &BT)/OR R~FKRRKD The following miscellaneous correspondence was filed and or referred to the various departments as indicated below: PaGe 47 Nay 4, 1993 1992 TANGIBLE P~RSONAT, PROPERTY I992-117/1992-119 4/16/93 - 4/19/93 ~ ~ ~ POlt ZIlM&T~ RO~. 42?09, 36006, 40941 AND 4?5?? FOR AGAINST REAL PROPERTY FOR JLBA~ OF There being no further business for the Good of the County, the meeting was adjourned by Order of the Chair - Time: 6:30 P.M. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL i' :~'.' ~I'~'°r c'~ " T L. SAUNDERS, CHAIRI"L~.N~:}.~.. .~.,., ..~... e~ &,.' ,:.' , :~ ~, .. ~. ', ~/ ~ '~. '.F.~.~, .' = ..' ~ ~'t~ a~pr~ved by the Board on a. ~se~te~ ~.' o= as co==ecte~ . Page 48