BCC Minutes 06/04/1991 R Naples, Florida, June 4, 1991
LET IT BE REMEMBERED, that the Board of County Commissioners in
and for the County of Collier, and ~tlso acting as the Board of Zoning
Appeals and as the governing board(s) of such special districts as
have been created according to law ~tnd having conducted business
herein, met on this date at 9:00 A.M. in REGUIu%R S~SSION in Building
"F" of the Government Complex, East Naples, Florida, with thE~
following members present:
(:HAIRMAN: Patricia Anne Goodnight
VICE-CHAIRMAN: Michael J. Volpe
Richard S. Shanahah
Max A. Hasse, Jr.
Burr L. Saunders
ALSO PRESENT: .lames C. Giles, Clerk; John Yonkosk¥, Finance
Director; Ellis Hoffman, Wanda Arright and Debb¥ Farrts, Deputy
Clerks; Nell Dotrill, County Manager; Ron McLemore, Assistant Gount¥
Manager; Tom Olltff, Acslstant to the County Manager; Ken Guylet,
County Attorney; George Archibald, transportation Services
Administrator; David Pettrow, Development Services Director; Sam
Colding, Property Appraiser; Leo Ochs, Administrative Services
Administrator; Russell Shreeve, HUI Director; Martha Skinner, Public
Services Administrator; Bob Blanchard, Growth Planning Director; Herb
Luntz, Communications Manager; David Weeks, Planner; Sue Filson,
Administrative Assistant to the Board; and Deputy Byron Tomlinson,
Sheriff's Office.
Page
June 4, 1991
AGENDA - APPROVED WITH CHANGES
Commissioner Shanaban s~ved, ee, conded by co.misstonar Hasse and
carrim~ unanimously, that the agen~ be approved with the following
chan~es:
Item #12D - Gain Time For Inmates A#45436, A#?0061 and
A#36468 - Added. (This item to be heard after 5B2).
Item #16H1 Moved to 9H6 - Recommendation to approve the
Statutory Deed for an existing access easement within Pelican
Bay and to accept a revised grant of easement. (Requested by
Staff).
Item #3A
Item #16E2 Moved to 9E2 - Recommendation that the Board
authorize the Chairman to execute a work order under the
annual contract for architectural services with Victor J.
Latavish, Architect, for %he design of a HVAC system to be
installed, and related work to unconditioned portions of the
Immokalee Jail Center. (l{equested by Commissioner Volpe}.
CONSENT AGENDA - APPROVED AND/OR ~PTED
motion for approval of the Consent Agenda is noted under Item
#16.
~' S ~EPORT - APPROVED
~ motion for approval of the Clark's Report is noted uadar Item
Jtll.
MINUTES OF THE R~GULAR AND SPECIAL MEETINGS OF APRIL l~, ~991 -
Commissioner Huse moved, seconded by Commissioner Shanaban and
carried unanimously, that the Minutes of the Regular and Special
~ti~s of April 16, 1991, be approved as presented.
Item #SB1
PROCLAMATION DESI~NATIN~ TUESDAY, JUNE 4, 1991, ~ BARRON COLLI~
C. OU~AR~ BASEBALL KECOONITION DAY - ADOPTED
Upon reading and presentinD the proclamation and a p]aque to Bob
Smith, Head Coach, Couissioner Volpe moved, seconded ~ Co--lasSoer
Shanaham and carried unanimously, to adopt the proclamation
desi~n~tln~ Tuesday, June i, 1991, u B~rron Collier Cougar B~seb~11
Reco~n/tton D~y.
Page 2
June 4, 1991
'KMPLOYE~ OF THE MONTHa FOR JUNE~ 1991 - PRESENTED ~0 JANE MCDONALD
Commissioner Shanahah recognized Jane McDonald, of the
Administrative Services Division as "Employee of the Month" for June,
1991. He presented Mrs. McDonald with an Exceptional Performance pla-
que and a $50.00 cash award.
Item ,12D
EXTRA ~AIN TIME FOR INMATES A#45436~ A#70061 AND A~36468 - APPROVED
County Manager Dotrill stated that this item is a ministerial act
of which the County Commission has no discretion. He indicated that
the recommendation is that Inmates A#45436, A#70061 and A#36468 be
acknowledged for extra gain time.
Co~issioner Shanahan moved, seconded by Co.missioner Hume and
c~rie~ unani~ousl¥, to approve the extra gain ti~ for Inmates
A~454S6, A~70061 and ~36468.
Item~
PA~ H. ~E, ESQUI~, ~RS~TING BOLTZ - Z.R.O. ~ION
~PLI~TION - D~IED
· · ']5
Attorney Patrick Neale explained that this item relates to a piece
of property proposed for rezoning under Ordinance 90-23, the County's
Zoning Reevaluation Ordinance. He indicated that Lots 13, 14 and 15
are owned by the same owner. He reported that Not.ices of
Inconsistency were received and an Exemption petition was filed and
granted for Lot 13; Exception petition was filed for Lot 14 and is
still pending; Exemption petition ~'as filed for Lot 15 and this has
been denied.
Attorney Neale advised that his client filed the Exemption pet~-
tion within a timely fashion and believed that it was the appropriate
petition to be filed, based on the ordinance. He indicated That the
denial of the petition did not take? place until the date after which
one could file an alleged additiona~l petit/on for different types of
relief. He stated that he contend~ that the Exemption petition was
incorrectly denied and the petitioner should be allowed to go forward
June 4, 199!
with filing the Exemption petl~lon at this point in time.
Mr. Neale stated that the petitioner filed the Exemption petition
for Lot 15 in the later part of August but the petition was not denied
until January 18, 1991. He revealed that there was an extended period
of time wherein his client had no beneficial use of the property and
did not know the status of his property, and therefore, he should be
able to file an Exemption petition at this time.
In response to Commissioner Volpe, Attorney Neale explained that
Section 8.3 of the Ordinance indicates that the "Notice shall include
that It has not been determlned to be exempt and it has been deter-
mined to be inconsistent".
Planner Weeks reported that after the certified mall notices were
sent out, staff held 11 public workshops and there were four fezone
hearings in addition to hundreds of phone calls and dozens of walk-
ins. He indicated th.{t 1,400 notices were sent out, advising of
potential fezones. He advised that 380 Exemption applications were
received, the majority of which were acted upon within the 120 day
time period.
Mr. Weeks revealed that staff's contention is that a process has
been created and that process should be followed, noting that it is a
bit premature to take any specific action on this property to ensure
that the zoninG will remain the sane since it is unknown as to whether
it will be changed in the first place. He suggested that the adjacent
property, Lot 14 which is still pendinG, be evaluated to determine
whether any zoninG changes will be made.
Attorney Neale expressed that lie is not askinG that a definite
determination relative to zoninG bt~ made today, but merely that his
client have the ability to preserve his rights, i.e. to be able to
file the Exemption application and Go through the process in the same
manner as the others have.
Planner Weeks stated that if the Commission allows Mr. Neale to
submit a late application, the same argument could be made by the
20-30 property owners who have filed Exemption applications. He noted
Page 4
June 4, 1991
that this is a question of fairness.
Mr. Weeks pointed out that Section 2.4 of the Zoning Reevaluation
Ordinance states: "Provided the Exemption request is submitted or
determined no later than the effective date of this Ordinance and no
later than 120 days after Notice of Inconsistency and Rezontn~I has
been exempt pursuant to 8.3".
Commissioner Saunders stated that he feels that the Commission has
been very liberal in protecting property owners' rights, i.e. giving
notice and allowing the opportunity for participation in the :~oning
Resvaluation Program.
Co~L%ssioner Saunders moved, seconded by Co~mis~toner Voll~ and
c~r~ed 3/2 (Co~missioner $hanmhan ~nd Commissioner ~asse opposed) to
deny ~ ~on.
Commissioner Volpe called attention to the 20 or 25 Exemption
applications that staff has not had the opportunity to review and
questioned whether progress is beinG made to inform the owner~ of the
status of their properties so that they do not continue in limbo.
Mr. Weeks advised that the Exemption applications are primarily on
hold due to the incompleteness of the applications and the
Compatibility Exemption applications are those that have been on hold
because of the Settlement AGreement but this has been completed and
the Ordinance is back from Tallahassee and staff will begin issuing
determinations as early as tomorrow. He revealed that it may be
approximately 10 months before all the determinations have been made.
Co~issioner Shanahan stated that he feels that the property
o~ers have been penalized unjustly and that is the reason he voted ~n
opposition to the motion. Co~issioner Hasse concurred.
Commissioner Volpe questioned whether other people should be
dispatched to Mr. Weeks' Department to move this process alonG.
County Attorney Cuyler replied that he will meet wl~:h staff to dete~-
mine what the ~ime frames will be and dependent upon that, he may need
to make some recommendations with regard to what needs to be done.
S~~ ~R ~IFIED ~ D~LO~NT CODE - CCPC ~HOP 7/11/91;
BCC ~OP 8/8/9~ ~ ~DITION~ W0~SHOP TO BE SCUDDED ON 8/~4 OR
8/19 IP ~ED
P~ge 5
June 4, 1991
Development Services Director Pf~ttrow requested that the
Commission adopt a schedule for workshops and public hearing[~ for the
Unified Land Development Code (ULDC) drafts which are nearing comple-
tion.
Mr. Pettrow advised that the ULDC Committee has been meeting regu-
larly since February and they are in the process of finalizing their
first round of review/comments.
Mr. Pettrow stated that the Dep~rtment of Community Affairs has
established a deadline date of Novemb:~r 8, 1991 and it is necessary to
approve public workshops and hearing dates to allow for adequate
advertising to meet this deadline. He asked that the Commission con-
sider the proposed schedule as set forth in the Executive Suezmary. ~e
noted that this schedule contains Joint workshops.
In answer to Commissioner Shanaban, Mr. Pettrow explained that
yesterday he spoke wi~h Mark Morton, ULDC Committee Chairman, and i~
was suggested that in lieu of the B(~C Workshop on June 18th that a
workshop would be held on July 11th with the Collier County Plannin~
Commission (CCPC) and the BOC Workshop would be held on August 8th.
County Attorney Cuyler indicated that he has no problem ~tth the
suggestion of not holding a workshop on June 18th, but suggested that
a mid August date be left open for ~ln additional workshop if necessary
since there is a huge volume of infor~atlon to be presented.
Commissioner Volpe related that this is one of the most important
pieces of legislation that the Commission will be involved in this
year and suggested that an adequate amount of time be allotted for
this subject.
Mr. Pettrow reported that there will be an enormity of data and
information to be considered and believes that it would be advan-
tageous to hold an additional meeting.
Commissioner Shanab~n moved, seconded by Commissioner $&~ders mnd
c~rtod unmnimousl¥, to approve the revised schedule as set forth b~
the ULD~ Committree: Workshop with ~he Collier Coun%q~ P1onning
Comm.tgolon to be held on 7/11/91; Workshop with the Boa~d of Coun%'y
3une 4, 1991
Conleetonera to be held on 8/8/91, and 8/14/91 or 8/19/91 to be left
open for an additional meeting, If necessary.
RESOLUTION 91-439 REJECTING IMPACT I~K WAIVERS FOR THE APRIL CIRCLE
AFFORDABLE HOUSING PROJECT - ADOPTEl)
Assistant County ManaGer McLemo]'e noted that on May 21, 1991, the
Commission conducted a flearing to determine if the Board desired to
reheat Resolution 91-339 relative t(; April Circle. He stated that the
Board received the staff report entitled "Administrative In~liries
Into Complaints".... alleged against this project.
Mr. McLemore explained that the staff report dealt with iwo basic
sets of issues: those related to the alleged willful misconduct on
the part of staff; and those related to the necessity of total impact
fee exemptions for the economic viability of the April Circle
Affordable Housing Project.
Assistant County Manager McLemore pointed out that the Commission
voted to reconsider Resolution 91-339, on this date, for the purpose
of determining if total impact fee {~xempttons are needed for the eco-
nomic viability of the April Circle Project.
Mr. Jerry Gereaux, Vice President, Florida Affordable Ho'ustng,
Inc., advised that his firm works with communities, state-wide to pro-
duce rental housing, affordable by %he work force in the communities
in which they work.
Mr. Gereaux stated that April Circle will be built on a 12 acre
site located on Immokalee Road at the Livingston Road Extension. He
indicated that the project will contain 120 rental apartments of which
32 will be 1 bedroom units, 64 will be 2 bedroom units and 24 will be
~ bedroom units. He explained that 48 of these units will be reserve~
for and rented to senior citizens. He reported that the project will
include a swimming pool, cabana, shuffle board courts and a play area
for the small children.
Mr. Gereaux detailed a recent market survey which revealed the
following rents in the coastal areas: 1 bedroom units $510-$520 per
June 4, 1991
month; 2 bedroom units $550-605 per month; and 3 bedroom units
$640-$695 per month. He related that using the nationally accepted
standard, shelter should not consume more than 30% of the gross annual
income. He noted that the average 2 bedroom apartmen~ in the coastal
area today, requires a gross annual income of $25,820 per year. He
reported that when April Circle comes on line in the Spring of 1992,
rents will be $429 for 1 bedroom units; $499 for 2 bedroom units; and
$$78 for 3 bedroom units. He expressed that the two bedroom apart-
ments will be affordable by families with gross annual incomes of
$22,896. He indicated that this project will provide housinG for 120
low income Collier County households, thereby helping the County to
meet the Affordable Housing ObJectiues of the Growth Management Plan.
Mr. Gereaux stated that from the: beginning, it has been made clear
that the ability to o[-tatn the S.A.I.L. loan which contributes
significantly to April Circle's feasibility, and the overall feasibi-
lity was, is and remains contingent upon the County exemptinG the pro-
3ect from all impact fees. He expl:~ined that the S.A.I.L. loan
commitment accounts for 25% of the financing requirement. He indi-
cated that the first mortgage will be provided by a consortium of
local financial institutions and this accounts for an additional S5~
of the financing requirements. He related that equity financing in
the amount of $2,505,000 accounts for an additional 35%, noting that
there is a funding shortfall of approximately 5%. He explained that
the impact fee exemptions are needed to cover the shortfall. He
reported that staff has conducted an analysis of the feasibility of
April Circle and has determined that these impact fees must be
exempt in order to make the projec1 workable. He aduised tha~t the
primary lenders and the appraiser have come to the same conclusion.
Mr. Gereaux remarked that April Circle will be the first
Affordable HousinG community to be developed in Collier County
through the cooperative efforts of Federal, State and Local Governmen~
with the participation of the local ]ending community. He expressed
that the Commission's decision to waive the impact fees is consistent
June 4, !991
with the Affordable Housing Objectives and Policies of the Growth
~anagement Plan. He indicated that even with the most favorable
~inanctng available, the housing development industry is unable to
produce housinG affordable by the local work force without local
government assistance.
Commissioner Saunders read the following letter Into the record
from Mr. Joe Cox of Cuml~lngs & Lock~lood, regarding Russell Shreeve,
Jr.: "It has recently come to my attention that Russell Shreeve is
recelvln~ some heat concerning a lo~l :Income housing decision. I would
like to go on record as stating that: i have had the opportunity to
work with Russell for the life of the Immokalee Non-Profit Housing
Project, A/K/A Saunders Pines. He hai~ done an exemplary Job of
untangling the maze of regulations i~nd responding to the needs of this
project. Russell is doing a fine Job with the HUD programs and the
much needed low-income housinG projects. Thank you for taking the
time to listen".
In response to Commissioner Saunders, Mr. Gereaux stated that at
the time of submitting the S.A.I.L. application, $6OO,O00 was
reflected in the document as a set up reserve fund for expenses.
Commissioner Volpe cited that the project costs appear to be a bit
confusing. He indicated that at one? point it appeared that the cost
of the project would be 86.~ million and now those costs are
million.
Mr. Gereaux replied that the increase in the project costs results
from an increase in debt service, time, and cost changes, noting; that
there has only been a 2% increase since last October.
A discussion ensued with regard to the construction cost pe~ unit
previously being $43,560 and the latest figures which reflect a per
unit cost of $60,000.
In reply to Commissioner Shanahah, Mr. Gereaux advised that
Florida Affordable Housing does not own the development. He indicated
that the development will be owned b%, a general partner and the tax
credit firm. He explained that Flol'ida Affordable HoustnG's role is
June 4, 1991
to put together the complete package and to manage the development for
the 15 year compliance period.
· Tape ~2
Ms. Debby Riggin, Executive Director, The Housing Partnership for
Collier County, Inc., stated that in 1989, the State awarded Immokalee
a Pocket of Poverty Grant in the amount of $1 million and that money
was under the administration of the Department of Community Affairs.
She explained that under the rules, that money was deposited in one
lending institution and could not earn interest. She advised that Mr.
Carl Palmer proposed to the Pocket cf Poverty Committee and the
Department of Finance of Collier Cou. nt¥ that the funds be placed with
BancFlorfda and they would donate to the foundation of a new non-
profit corporation for affordable housing advocacy and to perform a
/ending consortium of area banks in support of affordable housing in
Collier County. She indicated that BancFlorida makes contributions
to the Housing Partnership and has provided the seed money for the
corporation.
In answer to Commissioner Volpe, Ms. Riggin explained that she
represents the local lending consor'cium in this transaction.
Commissioner Volpe asked Ms. Ri!]gin the per unit cost of the April
Circle project, to which she replied $55,941 is the cost per unit, not
including the rent reserve and $63,441.67 is the total per unit cost
which includes the rent reserve, alii aspects of the syndication of tax
credits, fees for the S.A.I.L. and every possible interest cost.
In response to Commissioner Volpe, Ms. Riggin advised that rental
rates at April Circle will be 27% lower than the market rates. She
reported that profit to the develop,mr on this project Is estimated to
be between 8.25% - 11.5~.
Commissioner Saunders stated that one of the reasons the Federal
Government is trying to get out of providing this type of housing
themselves, is that it is cheaper for private industry to provide this
housing. He questioned the type of returns that equity investors
typically look for on an apartment project. Ms. Riggin replied that
I I~"[)'~%~ .17 Page 10
June 4, 1991
generally if a developer does not see 17% as a minimum threshold, they
will not go any further in the pre-development process.
Mr. Carl Palmer, President, Hounding Partnership for Collier
County, Inc., detailed the objectiv.~ of his organization as being a
specific response to the Tax Reform Act of 1986 and in particular an
effort to establish the private/public partnership to pull together
tl~ls type of project to develop affordable housing in Collier County.
He emphasized that this project is not public housing, noting that
when completed, the project will be a taxpayer and the return on the
impact fee investment and the density bonus investment will be comin~
back into the County. He advised that the Housing Partnership has
been w~orking actively ~ith other elements of the private sector to
address all of the affordable housing problems and the banks have
expressed a stron~ interest and willingness to support this project.
He remarked that when everyone pulls together, this project will
charge rents below wh~,t is established to be market rents in Collier
County. He expressed that hopefulfly, this will be the beginning for
future projects to ~1o~ more smoothly.
*''Deput~ Clerk Arri~hi replaced ~put~ Clerk Hoffx~an at thlm ti~**'
Mr. Chris Houtchens, ~ember o~ ~he Houstn~ Par~nership and Senior
Lender of Barnett Bank of Naples, informed that the financial package
for the April Circle project has not been submitted in its final for-
mat because of the questions of the impact fee exemptions. He
advised that without the impac~ fee waivers April Circle will not be a
viable project for B,,nk financinG.
In addressinG an issue raised by Commissioner Volpe, Mr. Gerea~
stated that the best first mortGaGe commitment will be used.
Mr. Gerea~ pointed out that the April Circle project will be
a t~ payinG development, and in the first year of operation it will
pay $58,600 in ad valorem taxes.
Mr. Gerea~ affirmed to Commissioner Hasse that the impact waiver
of $124,000 ~s the amount submitted on the SAIL application; however,
he added that in order to complete April Gircle in the manner proposed
Page 11
June 4, 1991
n~d be able to pay the bills and halve the lower rents, the complete
waiver of impact fees will be necessary. He explained that at the
t~:~e ~f submission of the SAIL application, only the $124,000 could be
claimud because Collier County had not changed the water and sewer
impact fees yet.
In response to Commissioner Hazn~e, Mr. ~erea'd~ reported t?~t ~he
~tate is subsidizinG $1.2 million ~hDr the subject project.
Commissioner Volpe commented that he does not ~eel that April
C~rc!e meets the criteria of affordable housing accordinG to the
definlt~on provided in the ordinance. Commlsslone~ Goodnight
responded that information was chan~ed at the Federal level reGard~n~
what affordable housing is, but the Collier County ordinance was not
changed to correspond. She added that the loan application had to be
submitted accordinG to the federal requirements in order to qualify
for the loan.
County Attorney Cuyler noted that the schedule attached to the
impact fees is not necessarily the definition of what affordable
housing is, but rather the threshold under which people can admi-
nistratively apply for exemptions from impact fees.
Assistant County Manager McLem,]re informed that it was the deci-
sion of the County not to change the County's ordinances until such
time as a revenue source for affordable housing is in place.
· '' Recessed: 11:40 A.M. - Reconvened: 11:50 A.M.
The following persons spoke in opposition of Resolution 91-339
exempting the April Circle Affordable Housing Project from road impact
fees, library system impact fees, parks and recrea'~tonal facility
Impact fees, water system Impact ft~es and sewer system impact fees
reasons which included: alleged factual inconsistencies in the
reports proffered; question whethe~ we are ~etting the returns for ou~
tax dollars; concerns rega~ding the lack of accountability for the
$6~1,000 for development fees; que~ttons as to the creditability of
the $135,000 for lende~ financing; the Collier County taxpayer will
have to make up the shortfall of tke waiver regarding impact fees
· Paul O'Neill
· ~.i?. Tape
. Lichard Loeber
;'red Tarrant
June 4, 1991
p:'oj t will cause; the waiver of all the impact fees will be an
injustice to the citizens of Collier County; this ~,roJect does not
supply the needs of the service people for low affordable rents; the
]nfor::,~tlon supplied does not bear scrutiny; not affordable to the
peop/ : ~.~ho need it most; adoption of this particular program will not
a~d:'~::,~ ~he need of several thousand people that should be ccnsidered;
it aL...:.uars that this project is fox' the benefit of a private institu-
tion and investors; taxpayers money should not be used to subsidize
inadequate salaries paid to employees by employers of Collier County;
the rr'r:posed affordable housing is already sufficient in the County;
the ,:":::t per square foot is more e;:penstve for the April Circle pro-
ject tl~an it is for a private contractor; this project is feasible
wtti:::':t the full waiver of impact fees; and it is more difficult for
the i:rlvate contractors to receive the same waiver of impact fees as
the outside contractor for the April Circle project received:
' Jan Curran
Ken Hunt
Sue Smith
- ** D:puty Clark F~rrls replaced I~lmt¥ Clark Arrtght at this tie ''
Ed Scheerer
.,/ ** I. E. Evans
: ~. George F. Keller
'~: ,Charles Roads
-';' Jane Varner
Robert S. Basney
Jim McGrath
Clarence L. Perry
Lots Losbet
*Mr. Curran provided the Board of County Commissioners a copy of a
competitors' market analysis regarding the rental situation in Collier
County.
**Mr. Evans recommended that if the Board of County Commissioners
persists in the waiver of impact fees and, particularly on any sub-
sequent venture of this nature, it be limited to the immediate case
only and conditioned on the rent being a fixed number rather than per-
centages of tndetermlnates.
Commissioner Saunders pointed out that every person who has spoken
has said they recognize a need for affordable housing in Collier
County but have indicated that April Circle is not the approach to
solving that need. He requested all alternative approach to look
!~i.towards.
- Mr. Evans suggested a tax rebate. He questioned the County's
Page 13
June 4, 1991
~thod of insuring compliance by the developer to what is proposed.
Commissioner Saunders asked County Attorney Cuyler the require-
ments of April Circle in terms of rental levels, how is it determined,
and, if violated, what is the remedy.
County Attorney Cuyler pointed out that there is the S.A.I.L.
· 'Agreement, which is subject to scru%iny. He added that the County has
an agreement with the developer and, if found to be in noncompliance,
. .the County has the normal breach enforcement available to it.
Commissioner Saunders asked Rum3ell L. Shreeve, Jr., Director of
-'71 Housing & Urban Improvement, how rent levels are determined and what
-.'! i:me&sures are available in the event the developer does not comply with
' ~ those rent levels.
...':.: : ~Mr:.-.Shreeve reported that they are to monitor the program at least
once yearly, and information regarding rents charged, income of those
.~renting units, etc. is to be provided. He confirmed that they have
' ' the right at anytime to monitor the program to verify compliance
tO the requirements.
'V. '!'~ ..In answer to Comm~ssioner Saund~rs, Mr. Shreeve confirmed that
""'they are required to meet the income level of people who are making
:~ less than 60% of median income for the sale application while, under
· the Housing & Urban Improvement Pro~;ram, they are required to meet the
income level of people making less ~han 80% of median income.
In reply to Commissioner Saunders, Mr. Shreeve stated that the
requirements.are enforced by the Florida Housing Finance Authority
under the Department of Community Affairs, but acknowledged that he
does not know their mechanism for enforcement. He stated they have a
published rate sheet indicating what the rate for Collier County will
be based on approximately one and one-half persons per household for a
'i:~one'bedroom, two and one-half for a two bedroom, etc.
'." ';11 In response to Commissioner Volpe, Mr. Shreeve stated that when
the bonus density was given in 1990, it was subject to the Affordable
iHouslng Density Bonus Agreement, which was entered into during October
Page 14
June 4, 1991
:'~'"~" :' Commissioner Hasse stated that he voted in favor of this concept
when he thought it was $125,000 impact fee, but that he is rapidly
-:. changing his mind about It. He expressed concern for those llvtng on
fixed incomes while paying their impact fees and who are going to be
.'additionally burdened with payment of impact fees for those who are
waived.
Commissioner Volpe confirmed that he was not in support of the
"!-'waiver of these impact fees when the matter first came before the
'/- Board of County Commissioners and, based upon the presentation heard
so far, he is not satisfied that this project Is financially feasible
without the waiver of all impact fees. He stated there are alter-
natives such as density bonus credits, low interest loans available,
?, deferral of impact fees, and, where the economic need Justifies it,
.: : instances warranting a complete waiver of impact fees. He added,
· however, that he is not convinced that the proposed project is the
'i,.i i' r ght one to do so.
/ 'The following persons spoke in support of Resolution 91-3,'.99
exempting the April Circle Affordable Housing Project from road impact
fees, .library system impact fees, parks and recreational facility
impact fees, water system impact fees and sewer system impact fees for
reasons which include: housing for economically disadvantaged rest-
: dents is needed in Collier County; project will be a step toward the
average quality housing in the County improving; should not discount
the credibility simply because things continue to change; now is the
time to take the risk and move ahead to bring affordable hous:[ng to
Collier County; the builder is held to HUD published standards and
will have accountability; what altec'native does the County have to
.i pr0~ide affordable housing for Collier County; all previously pre-
sented facts are part of the public record and, therefore, there is no
intentional misleading or undocumented Information regarding 'the eco-
nomic.viability of the April Circle project; the developer Is a good
(:i:::!:1one',~i~-?the~proJect is a good one, the costs are not out of line for the
:!:i,i::ki:r~,of project the County will be getting with th. controls and
/ ~00P'f't' 22 Page 15
/i] (~11arantees it has, therefore, the option is a good one; and the pro-
i'Q~:)iJe6% leaves out a ~=eat numbe= of the wo=kin~ class:
'/'/' /;' ::' Huber~ Howard .e Maureen Kel~eher
,/ ~.: .'~Fred Thomas, ~r. ''' Berrie Gulacslk
~" ::.:jj','" Rev. Dr; Jay E. Abernathy, Jr.
-'/ ~"~' "=Referred to a letter he mailed the Board of County Co~isstoners
,':. 'dated April 19th, copy of which was nok presented today for the record
'....or to .the Board.
:' . ~ e=Referred to Report of the Wolfe Economic Research Group as well
~.". as-the BredrAck Study.
'~':''~Spoke for The Lea~e of Women Voters of Collier
..i, ,..Jerry Gereaux reiterated that, based on their cost estimates, they
are positive that all the impact fee waivers are needed.
In answer to Commissioner Saunders regarding the $624,000, Mr.
Gereaux indicated that, when putting in S.A.I.L. numbers for approval,
they must use the lenders forms which do not provide enough space for
the numbers. He stated that of the $624,000, $580,000 is the debt
service reserve and operating deficit account that goes to the bank
and is equity instead of borrowed money. He indicated he cannot
detail the remainder, but assured that it is included in the total
number and suggested the construction contingency was a bit larger,
S~C ·
In response to Commissioner Shanahan regarding whether amenit~es
such as. pool,- cabana, shuffle board, children's playroom, etc. had a
bearing on development of the point calculation, Mr. Gereaux stated
..~,,that there is a section in the sales application entitled social
-In reply to Commissioner Volpe's comments that he is not yet con-
vinced that this project is financially feasible without waiver of the
i~pact fees, Mr. Land relayed his understanding that, based on infor-
.ma~ion provided to lenders as well as. the debt coverage ratios
..~[i,I ~v~ilable, they will not underwrite the project without the impact fee
Gereaux reiterated that April Circle is going to provide a
Page 16
· . June 4, 1991
certain range of lower income households in Collier County with
housing which they can afford. He co~ented that the kinds of things
families go without when their sheltex' costs increase 304 ar,~ things
such as car insurance, health insurance, appropriate feeding for their
~children, etc. He suggested that the Board of County Commissioners
approve the $124,000 of road, park and library impact fees as well as
the $261,000 of water and sewer impact fees. He added that if the
total amount is not needed, it would not be used. He suggested the
Board of County Commissioners authorize staff to use the pro forma and
oversee that the developer's costs are legitimate.
Commissioner Saunders pointed out that scenario would be called an
illusory contract whereby developer agrees to reimburse the County any
-.construction funds not used, but the County has no way of knowing
whether there will be any funds not u~ed. He stated that clearly,
from.the record, there was no intentional misrepresentation on
anyone's part. He stated it is clear that $124,000 in impact fee
waivers is needed for the sale loan application. He proposed that,
upon issuance of a Certificate of Occupancy, the developer would then
..'[/~':0we. the County the $261,000 which is to be financed over a period of
t~me.
Mr. Gereaux stated he will have to talk to others regarding the
proposal.
Commissioner Volpe commented that economic feasibility is needed
and the banking experts have indicated that the proposal will not work
without the full impact fee waivers. He added that he would feel
better about the project with the housing trust fund.
Commissioner Saunders stated he l~ not convinced this project
....needs the full impact fee waivers to work, based on everything heard.
'~e pointed out that the needs of affordable housing must be accommo-
dated but, at the same time, the CounTy must relfnquish as much as
possible the burden on the taxpayers.
Commiss~oner Volpe reiterated that the person in whom the Board of
:.:?'i.Count¥ Commissioners has placed all their trust has indicat~d that the
full impact fee waivers are necessary for the project.
June &, 1991
Commissioner Hasse stated he refuses to go along with something
~'-~.~ where the ~mpact fees are going to be paid by those who are in a lower
income level than the people to benefit from the proposed project.
Commissioner Shanahan indicated he is not convinced that this pro-
Ject cannot proceed on the basis of the original sale application and
'' sale'agreement. He added he is not interested in waiving water and
.-sewer-fees for anybody without an affordable housing linkage fee
% ~ro~ram.-
~~A~a~r Shanahah moved to waive a maximum amount of
$124,242.00 for ltbrar~ ~fstem l~act fees, road t~l~Ct fees, park~
and r~remtt~m/ factlitnf impact fees only.
Commissioner Saunders questioned whether the motion included the
condition that the $261,000 will be due and payable at the time of
issuance of a buildinq permit, to which Commissioner Shanahan answered
the affirmative.
¢~a~t~r Saunders seconded the motion stating that th~ halance
~ ~ fee~ can be financed over a period of time.
County Attorney Cuyler stated that much of staff's concern is in
..regard to the Comprehensive Plan provisions that promote affordable
.'~ · housing, and that staff looked at this matter as addressing one of the
j':~[[,[,;;i..inesds..of the County, although not necessarily of tho:se in the lowest
".income category of the County.
· Chairman Goodnight commented that this Board is under two appeals
'- from DCA, one by Kessler which Commissioner Saunders is working on and
i'(' 'one filed by the Collier County Conservancy. She stated she sees this
'/if:'..:could be the third letter written to DCA stating that Collier County
/..:.''is not in compliance with its GrowTh Management Plan. She eta, ted that
the County cannot afford to only build housing in the low low income
,. : range without trying to help them move up the ladder in order to
if'property to build a house. She stated she felt the Board is not
:taking a realistic look at what is actually taking place in the
Page 18
!.--d. :~ June 4, 199!
y Attorney Cuyler stated that, in reconsiderattons, there is
always the potential that someone can make a claim that they have
relied on the Board of County CommJssioners' prevtou:s action.
Upon ¢~11 for the question, ~otton failed 2/3 (Commissioners
Goodnight and Volpe opposed).
Co~e/eeloner Saunders ~oved, s~conded by Co~miesioner Shan~an, to
~pprov~ the i~pact fee waiver of $124,000; that the balance of t~pact
f~ln-the ~ount of $261,000 be useseed on this project and allcseed
.the developer over a seven year period and be financed
~cing to accrue at the date of is:su~nce of m
for the question, motion failed 2/3 (C,0w-tsstoners
,. ~e~:eee~h~t~ht and Volpe opposed).
:***l)*~*y, illsrk ~ff~an r~placed I~Imt7 Clerk F~rrts at this tie'''
0o~issloner Volpe advised that prior to the recess it was to
brought to his attention that in essence the effect of the motion is
to leave in place the action taken b%, the Commission on April 23rd and
unless another motion is passed by majority. there will be a complete
~ - waiver of those impact fees for April Circle.
· .'.!. [' :': : County Attorney Cuyler advised that there is an existing
Resolution on the books and in order to change that, there needs to be
some Board action by a majority vote.
Ce~alemioner Volpe ~oved, seconded by Coulsstoner Hames, to set
~i~:.,the ~ter~tn~tton that was ~,de on April 23rd, supporting the
· ..:~7,.~'~'-~l~tl~: ~t ~ld ~ ~t~d th~ co. lets t~ct fees for the
Lsstoner Saunders remarked that the motion is placing ~ome of
. ..~[-;-..-...
':?~[-J'the-~mbera of the Co, lesion in a difficult position, north9 that he
· '.A]'.' ~d Co~tsaloner Shanahah have voiced support of the project but no~
~:~jfull~pport in terms of all the t~pact fee waivers and therefore,
,.~;will;Lv0te against the motion.
Shanahan stated that Commissioner Saunders~ remarks
sentiments.
Page 19
June 4, 1991
'i";'~::.~;~J~g~.~gall-:for. the quest/on, the ~otton failed 2/3 (Co~-tastoners
.Co~tsstoner Goodnight cited th~ the Commission approved the
:,?;,;impact fee waivers for April Circle over a month a~o and noted that
she.believes the developers have a very good case to take to court.
She indicated that the Board has been invited to attend a meeting on
J~e..24th with respect to supporting Affordable Housing and questioned
t;;'.'~h~ ~ow the Co~tssfon can support this when they are denying affordable
today.
"" :' C~f~i~er S~der~ ~ed, seconded by Comi~toner Sh~, to
a~r~ $124,000 in t~act fee ~fvers for the April Circle project
~ ~t t~ $2Sl,000 ~ fln~ced over a seven year ~riod at 8~
int~t with the first ~Nent ~tng 12 aonths ~ft~r t~uce of the
O.O.',:'~t ~te~t ac~tn~ ~ of the ~te of ~e~ce of the ~.0.
' .: C~t~r S~ders ~ed, s~onded ~ Co~tsstoner Vol~
-~1~74/1. (~sstoner G~tght op~sed) to reject the t~ct
- ~i~.for ~ril Circle, there~ ~dopttn9 Re~olution 91-439.
?,?***NOTE: DOOUMENT NOT RECEIVED IN CLERK TO BOARD OFFICE AS OF 12/4/91'*****
Page 20
June 4, 1991
· B1FD~T. ~ TO mSTABLISH THE )~CTROPOLITAN PLANNING 0RGANI?~TION
.Metropolitan Planning 0rgantzatton (MP0) Coordinator Perry
explained that each year the Count~'s grant for funding of the MP0
becomes available. He noted that this budget is created on the grant
'year rather than the normal County budget cycle. He related that
"( J funds.appropriated from July 1, 1991 through September 30, 1991 have
been previously budgeted and reque~3ted funding from October 1, 1991
~ ) ~-',i-through June 30, 1992.
.-'''' In response to Commissioner Volpe, Mr. Perry stated that travel
'.~ ' funds.are used for special DOT or Federal Highway training programs
': each year and noted that recently :some of the locaJ volunteer coor-
dinating board members were sent to Sarasota for one day of training.
Commiss~oner Volp~ questioned why an increase of ?.4~ is requested
~;;:, for ~a~artes since the budget policy ~s set for a 5~ increase. Mr.
Perry reported that those numbers were taken directly from the budget
instructions.
County Manager Dotrill advised that these figures are consistent
with the budget policy but ~s subject to the Comm~sion's final appro-
va~ of the amount that is to be allocated for maintenance.
Mr. Perry remarked that the money that has beeIt programmed for all
of the personal services l~ne items were estimated based on tile budget
information received. He noted that the overall ~ncrease is 5.8%.
Budget Director McNees stated that the budget policy applies on an
· average basis across the County Manager's agency. He noted that in a
: .'small office similar to Mr. Perry's, the salaries may increase more
· 'than the average, based on the merit increases, etc. and they may be
'.. lore.than ?.5~.
.,i; . ..,,i '. :.' .'!COmmIssioner Shanahan moved, ~e. conded by Commissioner Hasse and
". i! :carried unanimously, to approve the budget amendme:at request, con-
] s~stent with budget policy for the rest of the County.
~OKE O~DElt UNDER THE ANNUAL CONTRACT FOR ARCHITECTURAL SNRVICKS WITH
V~CTOR J. LAT&VISH, ~CHITICT FOR I~ DKSIGN OF FIRE SUPPRESSION
m 28
Page 21
~ ~%~T~Mf,~,-BUIT. D~ · - CONTINUED UNTIL AFTER REVIEW OF TR~ CAPITAL
Administrative Services Administrator Ochs disclosed that this
item.is a recommendation for the Chairman to execute a work order for
design services of a fire suppression system in Building F. He noted
· ' that the current smoke detection system is outdated and Is no longer
'...supported by the manufacturer In terms of repair. He related that In
speaking with Emergency Services AdmJinistrator Reardon and the East
Naples Fire Dept. they recommend the installation of a fire
..suppression system.
. . Mr. Ochs advised that funds for this project have been budgeted
and the total costs are estimated to be $180,000.
Commissioner Volpe remarked that the Commission will be reviewing
the non-tiE projects very soon and suggested that tf there are no life
· safety code violations that this equipment be deferred until next
: fiscal year. He stated that in April, the Commission approved
$130,000 for the sprinkler system.
:'., Mr. Ochs replied that $130,000 was earmarked in this year's budget
to upgrade the smoke detection system, but in talking with the East
Naples Fire Department, they suggested that a sprinkler system be con-
sidered, He advised that money was taken from two other non-CIE pro-
Jects to establish the full proJec'~ budget for the sprinkler system
and staff is now requesting approval of the needed design services to
retrofit the building.
' i/:''[ .':: .County Manager Dorrill revealed that the Commission may desire to
wait until July and compare this project with the recommended Capital
Improvement Projects but suggested not to do away with this project
"'.!.entirely.
'C~mmt~ion~r Volpe moved, seconded by Co~eisst~muer H&sse and
K~OLUT~ON-'gl-440, CERTIFYING A S~TPPLEM~NTAL ASSES~MENT ROLL FOR
*. '~ ~ COLLECTION FEES TOR THE 1991 SElf'ICE YEAR - ADOPTED
Solid Waste Management Director Fahey requested that the Board
adopt a resolution, certifying a supplemental assessment roll for man-
Page 22
June 4, 199!
~t'o~i':garba;s collection for the 1991 service year. He noted that:
the additional assessment rol! contains 374 properties kha~ need to be
included.
answer to Commissioner Hasse, Mr. Fahey replied that there are
in excess of 40,000 homes and one staff person worked diligently to
.:.'.¥:L-~-.'ensure that the list is correct.
· Co~l~stoner Goodnight stated that a recent article in the
~ ~.~;.;...newspaper indicated that the Property Appraiser's Office was in error
'~11~!~'~'i~'.not.-tncluding all the properties. She noted that condominiums were
not to be included in the list and some of the units In the mobile
· home parks were listed as condominiums and the Property Appraiser's
Office merely did what they were asked to do.
Mr.~ John Keschl reported that many of the residents of the West
~il Wind Mobile Home Park will not be returning to Naples until December
· or January and may not be aware that they are required to pay the man-
datory garbage collection fees.
~ssioner Shanahan ~oved, seconded by Co~mailmioner Volpe and
ctrrisd~t~ovsl¥, that Resolution 91-440, certifying the ~pple~n-
,t~l'~~nt ~oll for ~nd~tory g~b~g~ collect/on fee~ for the 1991
Page 23
June 4, 1991
.County Manager Dorrill advised that approximately one year ago, as
result of a preliminary audit of the 1989 Cable Franchise Fee
payment received by his office, he wrote a letter to Clerk Giles
requesting him to authorize his internal auditor to review Those
franchise fees that were paid from the point in time when the
<~Franchise Agreement was amended in 1987. He reported that in 1987,
the definition with respect to "gross revenues" was changed in favor
' ofl.the County,
''.' County Manager Dotrill explained that it has been determined that
the 1990 payment is deficient and Palmer Cablevlsion is agreeable to
what the payment terms are and what they need to be since their
~ . franchise was amended in 1987. He revealed That the County Attorney's
~.~:!-office has developed an agreement by which Palmer will pay the back
under. paid fees beginning in 1987 through 1990.
:'In answer to Commissioner Hasse, Mr. Dorrtll indicated that the
County has had a Franchise Agreement with Palmer since 1967 but the
Clerk's Office has not audited for %hose years prior to 1987. He
explained that it is the County Attorney's legal opinion that there
-" ~W~S a change beginning in 1987 with respect to the definition of what
revenues were.
Assistant County AtTorney Wilson stated That There is a 1967
agreement which covers a particular franchise area and the 1987
-:.. agreement was not an amendment of Palmer's overall agreement, but
~nstead, a new franchise agreement. She noted that there was a
:-.question at that time with regard to Cablevision Industries in The
'.-' Golden Gate area going into the Pal~aer's franchise area and vice
versa. She indicated that This issue was resolved by allowing both of
;...,.v,.[.the cable' companies to have a franchise over the entire County.
: - Ms. Wilson divulged that the 1987 Agreement does not incorporate
June 4, 1991
the entire County in its legal description but only covers the Golden
and therein lies the debate about the 5~ that the County is
~. supposed to receive and how it is to be calculated. She remarked that
the 1987 agreement addresses "gross revenues" and the 1967 agreement
addresses "gross subscriber charges".
..i:. Assistant County Attorney Wilson advised that she has had
:..;: discussions with the law firm of Miller Holbrooke, who are currently
"~;/..:;L'tnvolved with litigation on behalf of several munlclpaltties that are
addressing the same questions that Collier County is addressing. She
suggested that the Commission direct the County Attorney's Office to
'-,.? issues, or retain the firm of Miller Holbrooke to provide a legal opi-
nion. She presented a copy of a letter from M~ller Holbrooke
outlining the issues they would be able to respond to, and noted that
a written opinion would cost approxfmately $2,000-$3,000.
Commissioner Shanahah remarked that Palmer~s tn~erpretation is
that they paid properly and in accordance with the Agreement between
~67 and 1987 and questioned whether there is a statute of limitation
that would protect their interest and if the County may be spinning
its wheels with respect to handsome litigation costs and efforts.
Ms. Wilson replied that there is a provision within the /imitation
of..action statute which makes an exception to the s~atute of limita-
tion in situations where there is a contractual relationship and the
person owing the money has been making payments even though there may
..-.~. ',:'be.a dispute with regard to the amoun't they should be paying. She
[:.-~,i Indicated that the statute time does not run while those payments are
being made.
Assistant County Attorney Wilson stated that she has only been
able to ascertain that when Palmer made payment to the County each
· i.;,~',:','.',yea~, they merely forwarded a letter indicating that their revenue was
."~!."?*.'.i?,"X"'~a~ount of dollars and 5~ of that is "X" amount of 0olla~s which
:*~i,[.:jl'.i:iwas enclosed. She explained that she does not believe that anyone
'.?'~!i('i':~'thought to audit them to ensure that the County was recetvt~g the
~., (.~, ~ ..*~.
.' ' , June 4, 1991
that it was supposed to be receiving.
" Clerk Giles commented on Ms. Wileoh's remark relating to the
/'~'i~. Co~lnty accepting the 5~ franchise fees without an audit. He pointed
OUt that the Franchise Agreement provided that Palmer engage an inde-
~endent CPA to give the County a clean opinion with regard to the
ig 0ss revenues reported and the gross service charge,3, prior to
He indicated that the County relied on the independent CPA and there
maybe cause of action same for not seeing that the correct amount was
He noted that when the franchise fee was received in 1989,
it was followed by a qualified opinion from the CPA firm but they did
not vouch for the accuracy of the gross revenues reported. He
dlvlllged that it was at this time that he had his internal auditor
'
'10ok~into this matter further, but prior to this, clean opinions were
and there was no reason to doubt the gross revenues. He
~ressed that Ms. Wilson indicates that Palmer feels that because the
' County accepted palmslit for all those years, It is now precluded from
~ saying that the payments were incorrect.
Clerk Giles stated that the County took proper reliance from the
~!i~:i CPA firm that they had correctly reported the revenue, but it has
recently been discovered that that i~ not so. With regard to 1987 and
'~ )riot, he noted that Ms. Wilson~s opinion of April 12, 1990 to the
County Manager, points out that she believes that the ~987 Agreement
relating to gross service charges ~pplied to installation fees, pre-
mium service and copyright fees. }~e explained that this is the main
"amo~lnt of liabilSty that his internal auditor discovered. He remarked
~ that Palmer~s controller has advised that prior to 1987, they had not
' '~ncl~ded installation fees, special scribers a~d the copyright fees.
.... He advised that prior to 1987, the County collected $1.3 million in
'i~?'i~i~;.~?!ffranchise fees and it is estimated that in 1988, franchise fees were
:?i':~' 'underpaid between 30~-35~. He sug~e~ted that if the. Couuty is able to
.~..'.~; work with Palmer in a reasonable manner of estimating ~.he unreported
.'~ncome, there may be a way to comp=omise.
In response to Commissioner Volpe, Ms. Wilson reported that in the
Page 26
,;C~:.~'11 June 4, 1991
cable field, law is changing very rapidly and there is no better than
a 50.50 chance of winning or losing on any of these issues. She indi-
Cared that the County Attorney's office is prepared t:o go forward and
:!llttgate~thls matter.
Mr.~David Day, Vice President, Palmer Communications, stated that
~,~(i'..'from X967 through the present, his firm paid gross subscriber reve-
and the method of reporting hss never been chan!jed. He indicated
that there are several areas of error in Mr. Fatica's audit, noting
i!?!!i~ that the 1967 document states that franchise fees will be paid on
gross subscriber revenue but there is no definition what that is other
than the remainder of the document speaks to basic cablevision. He
exp~&ined that when the document was signed it was presumed by both
~ :'parties that the franchise fee would be paid upon basic cable televi-
sion. He expressed that the County has not pursued audits in 23 years
'i//i "a/~d have accepted the payments. He ~ndlcated that there is enough
gray area within the original fran¢:htse agreement so that it is more
--advantageous for all parties to negotiate this out and noted that he
believed that this had been.done through a proposal that was placed on
the table beginning May 2nd. He cited that the agreement says that
Palmer Communications will back up to 1987 and change or define the
franchise fee payment to include pay TV, installations, etc. In the
1967 franchise area going forward, and this represents $341,000. He
'remarked that If 1990 is included that would be an additional
$114,000. He suggested that a definition in the 1967 Agreement be
~' provided that would indicate what the franchise fee~ are for in order
t o'~'move forward.
':';" ':':' Commissioner Saunders concurred that it would be advantageous for
.-.li:(everyone to negotiate this issue without resorting to litigation, but
remarked that in order to negotiate:, the County must know Its legal
rights in addition to what the statute of limitations is. He
.iexplatned that it appears that it would be advisable for the County
'' to.retain outside counsel relative to the legal Issues.
Mr. John Keschl questioned whether the County is getting a fair
Page 27
June 4, 1991
from Palmer and inquired whether any thoughts have been given to
~i'?~... contacting the Internal Revenue Service or the FCC.
Clerk Giles replied that the County has to know what its rights
are before negotiations begin. With regard to Inquiries to the IRS or
:,:.. ~' FCC, he explained that would not be germaine to the issue at hand
which is the franchise agreement.
' ' .,In response to Commissioner Vo]pe, Ms. Wilson advised that she has
~ not been able to discover any basis for the County to have entitlement
for Interest, noting that the Interest Statutes provides for 12% on
~.'.'!i!~'j:'"'-~ud~ments, but there is no ~udgment in this rugard.
.. -' C~e~e/~ener $munders ~, seconded ~ Co~ssioner Vol~
:~.:~v.--~ ~ ~~,s Office retain the fl~ of Miller
-':":'-$2,~$3,000, with r~d to ths Palmer Cablevision a~nt.
· -.. ~. Clerk Giles stated that with Mr. Day's cooperation, he would like
%re~est from the CPA firm, the audited ~ross revenues or gross set-
,a,_-. vice char~es for these past years to provide a breakdo~ of the
~'.-~ounts that they audited.
...i/j~]~.~ .~ . Ms. Wilson advised that Miller t Holbrooke wlll be looktno at the
".-['~' :legal issues, noting that she feels compelled to state that her office
"?-' has limited resources with regard to litigation.
'~ ~11 for t~ ~estton, the ~otton carried
· I tea-~Jg~2
,L~A~:*A~N~NT DEFERRED FOR GROWTH MANAGEMENT DKPARTME1TT OFFICE
· SP&C~"~TI~fl[ THE COLLIER DEVELOPMENT CORPORATION - APPROVED
County Manager Dorrill informed that after analyzing the situation
->.-It has-been found that the Growth Management Department can relocate
i fo'r' the time being within a portion of the space vacated by the
Utilities Division.
· ~.,,. : ponse to Commissioner Volpe, County Manager Do'trill advised
:h~J'if'addittonal space is necessary, it will be addressed in the
~'19921Space Program Plan.
Page 28
June 4, 1991
i ~ltom~r Saunders moved, seconded by Commissioner Shanahah,
,,'::':.':: and caz~i~d unanteou~ly, that I leame agreement not be entered into
for the Or~wth Management Department.
CO~T'.I~I~CTXO!~ FO~ ROAD N~I~I~NAN~I PRO~R~N ~ZCR ZNVOLV~ A r~DUCTZON
XN ~f~, COUNTY POLZCY RI~X$101~ FOR OP~RATZOI[$, ~ D~L~RAL OF
~ - R~PORT PRESEt'rED
County Manager Dorrtll reported that when the first and second
quarter revenue reports were presented, tt was Indicated that the
General Fund, the Community Development Fund, and Funds 101, 112 and
113,.whtch are primarily supported by the gasoline tax, were a concern
for the County. He added that at the second quarte.r revenue review,'
It was reported that the estimates of these revenues projected a
shortfall of $1.498 million or 17~ of the funds originally budgeted.
Regarding the Community Development Fund, Mr. DorrIl/ indicated that
besides the hiring freeze and selected expenditure reductions addi-
tional steps will be necessary such as a shortened work week; and with
these actions this fund can be maintained. He pointed out that there
are similar problems with the Road and Bridge fund which will also
require additional expenditure cuts In order to make up the unan-
ttclpated shortfall in gasoline taxes. He noted that the proposed
'budget reductions are outlined in the attachment of the Executive
iS. ~ummary. He specified that the hiring freeze has resulted In a
')J?~?(':~!."/ ' Commissioner Shanahan pointed out that the hiring freeze should be
extensive enough to accommodate the revenue shortfall, but cautioned
that it should be on the conservative side. Commissioner Saunders
reminded the County Manager that it is his responsibility if it is
found that the County departments are not sufficiently staffed.
". Commissioner Hasse commented that the proposed cut regarding the
road mowing policy should be reconsidered because of tt-~ importance to
the'citizens of the County.
":' ";..;,"'Commissioner Shanahan expressed his concerns regarding the delay
bini'~tke-path consideration. He informed that he has received a number
Page 29
· ~'j?of-'compiaints regarding this issue.
June 4, 199!
County Manager Dotrill stated that the proposed reductions are
only a conceptual list and emphasi::ed that the cut in bike path
funding will be considered as a la~;t resort and will be brought back
before the Board for consideration before it is enforced.
,,-- . . ~.,.Commissioner Shanahan asserted that he is also very concerned that
the net result of these reductions will result in the delay of road
~onstruction. He disclosed that iT has become imperative that the
.~Co~ln~¥'take action regarding the road impact fees and an assessment
district concept for funding the roads.
~In-response to Commissioner Volpe, County Manager Dorrill advised
that assuming that there are no additional expenses to be paid from
the contingency reserve funds and .assuming that the State shared reve-
nues do not sl~p any further, funding is manageable for now.
It was indicated by County Manager Dotrill that this item wa~ for
.!~(?; :,..i. jinformational purposms for the Con~nissioners.
~ TO THE AGREEMENTS BETWEEN HENDERSON, YOUNG & COMPJUI¥, INC.
AND COLLIEIt COUNTY FOR THE PREPARATION OF THE EMERGENCY MEDICAL
· ERVIC~ (EM~) IMPACT FEE STUDY AND TR~ PARKS AND RECREATION IMPACT
Commissioner Volpe requested that this item be removed from the
:!'.consent agenda on May 28, 199~, because of the increase of $10,000,
: ii:'and asked for the Justification of this increase.
Assistant County Attorney Cronin pointed out that the study for
~.':;~...; 'the Parks and Recreation Impact Fe,~ involved a considerable amount of
'" updatin~. He added that the EMS Impact Fee Study also required
i;/num'erous difficulties to be resolved. He commented that he felt that
_'the ~ncrease is well Justified. H,? noted that Fund 490 and Fund 345,
which are being used as the revenu,~ source for the studies, will both
?:i:;'be.reimbursed from impact fee revenues. He clarified theft the EMS
'~Impact. Fee Study cost is $22,000 and the cost for the Parks and
Impact Fee Study is $8,000 which brings the total expen-
.for the two studies to $30,000.
June 4, 1991
· : .... -~~t~ S~ ~d, C(;~,~miss~oner Hasse sec~de~ ~nd
-' ~rrllt ~ml~tSm~l¥, that tim ~k~tm to the a~r~tm !~tws~u
Inc. and Collier County for the preparm-
tion el'the ~mer~ency Nedtcal Services Ispact Fee Study and the Parlms
].j. ~.~x~mtion Impact Fee S~udy be approved.
Page 31
I~OT,,OT~ON 91-441o SUPPORTTRG ACQOTSITIOR O~F THE 3300 ACRE leISCH
P~ O~' TaX cam~ PRO0~gCT - ADOPTgD
June 4, 1991
Commissioner Goodnight recommended that approval be given
directing the County Attorney to prepare a resolution supporting the
~ South Florida Water Management District in acquiring the Fisch pro-
'i/ party which is located in Collier County. She requested that
Commissioner Saunders attend a meeting on June 14, 1991, regarding
~!~'.~/ this subject, since she will be unable to attend.
· G~mi~t~nm~ $hmnah~n moved, seconded bS, Commissioner $arunders
.' ~A~~~ly, to ~rt the ac~lsttton of the 3300 acre Ftsch
~f ~ ~ RroJect, there~ adopting Re~olutt~ 91-441.
Page 32
June 4, 1991
· "TJ~TU"fO~D~ .D~D ~ AN EXISTING ACC~'3S EASEM~q~f ~IM ~IC~ ~Y
Pelican Bay Services Division Administrator Ward informed that
this item is a recommendation to approve a Statuto~,y Deed for an
.,existing access easement within Pelican Bay, as well as approve a
-':,revised grant of easement to provide access to the Pelican Bay Water
Management System. He noted that There have been minor changes to the
Statutory Deed clarifying that it is a quitclaim deed.
C~ssi~r S~ ~, s~c~ded ~ Co~t~,sioner S~ers
c~t~ ~~ly, t~t the Sta~to~ ~ed ~ a~,r~d for the
~t ~t~ in O.R. ~ok 1236, Pa~e 1313 through 1316. ~d
~t~ 9r~t of ~t ~ acceptS.
Page 33
June 4, 199!
PUBLIC ~ARING SCHEDULED FOR AUGUSY 12, 1991, 6:00 P.M. IN THE
~ CO~g0IgITY FOR THE REZONIHG OF PROPKRTIKS INCONSISTENT WITH
THE ~ AREA MASTER PLAN TO A ZONING DISTRICT CONSISTENT WITH
TH~ ld~gDO~ D~SIGNATION~ IDENTIFI]~ ON THE IMMOKALEE ARF. Jt FUTUR~ LAND
~.~.
'.:-~- Development Services Director Pettrow requested that a public
/..'[hearing be acheduled in the Immokalee area for rezontng of properties
..--l'!,':? in Immokalee found to be inconsistent with the Immokalee Area Master
'Plan..mdopted on February 5, 1991. }te informed that the master plan
~f'";' was adopted along with new land use designations and standards. He
recommended either August 12, 1991, or August 22, 1991, be scheduled
this. hearing.
. , -' '~~oner Shanahah ~d, s~conded b~ Commissioner Saunders and
! i~'~" ~c~lTted g~ni~u~l¥, that ~ ~blic bering ~ sche~led for Au~st 12,
~991, ~ ~ I~~ c~i~ for the rezoning of pro~rties incon-
e' .'.' mt'~t~t ~th t~ n~ I~l~ Area ~ster Ply.
:: --~~ OF ~ SIN~E BID S~I~KD ~R ~ 7-11 BUILDIN~ ON S.R.
::.',.,, ,'..:Tr~porta~ton Services Administrator Archibald advised that the
":/:):"re~ainder of the 7-11 parcel, Parcel 125R, on 5.R. 951. He informed
tMt one sealed bid proposal was submitted by ~r. ~ckerman; and after
}:.'(?:~?.:.r~vt~,..by staff, it was considered nonresponsive. He noted that it
~J ts'recomended that all bids be rejected and tha~ Collier County
:~.,~)(:~retatn the subject property. He related that the sale of the subject
!t~,' :): pr~Per~y is associated ~tth a proposed s~tpula~ed final ~ud~ment,
approved by the Board but not by Nrs. Fayard and ~r. a Nrs. Ackerman;
~ther~fore, if the re~ectton of bids is approved, staff will have to
otlate a settlement agreement with the aforementlon~d parties.
y .Attorney Cuyler affirmed that the bid was not responsive
".?'~and'c~ be legally re~e~ted.
Elm Kobza, representIn9 ~r. and ~rs. Ackerman, indicated that
> .:.. June 4, 1991
$1~00 bid was a responsive bid as it included the responsibility
[[<,i[~/of.providtng over $100,000 In site Improvements to the subject pro-
,f,,~f:pert¥,which is a substantial expenditure. However, he noted that at
this time the best feasible solution to this settlement would be to
'..negotiate a cash settlement. He advised that, although the value for
Lament by his clients is felt to be $200,000 and the County feels
<~[tt:.should be $100,000, after discussions with Mr. Archibald, it
ilj~a%p~eare that an agreement can be reached. He pointed out there has
. .'? '~ been a considerable amount of hardship and uncertainty that the
Ackermans' have had to endure during this process. He requested that
:~;:;the','Commissioners direct staff to enter Into negotiations with the
parties.involved to resolve this settlement.
?,..?In. response to Commissioner Saunders, ~r. Eobza confirmed that
economically It is not feasible to continue the operation of the
stor, e
:~"J~i,"?::~.i(/:::..::'.'~t~ Saunders ~ov~d, seconded by Cos~tsstoner Shanahen and
i. :.: '-o~rx~:'.4/O {Ca.set.toner ~oodni~ht not present), that all bids for
County Attorney Cuyler advised, in response to Commissioner Volpe,
.. that Mr. Archibald has already taken the direction to begin good-faith
ions with the parties in quest/on in the event that all bids
~ were re3ected.
'. ::' ....::Mr. Kobza stated that it is the intent of all parties to nego-
tiate an acceptable settlement agreement within the next two weeks.
, :.,<.',' BO1)~[~-J[II~I~IIEIIT IN ~ ANOinT OF $195,000 TO A$SUI~ CONTINUATION OF
~i :,'~ .-' :'~']~!~tl~ ~ ,]~IDIGENT COLLIER COUNTI~ RESIDENTS - APPROVED
Acting Public Services Administrator Skinner requested that the
· Board approve a budget amendment fo~: the continuation ~f services,
primarily medical services, for the Indigent Collier County residents.
iS~J)~Vised the transfer of $?5,000 from the General Fu~d/Health Care
Responsibility Act Budget and $120,000 from Reserve for Contingencies
~te'~betng requested for use in the General Funds/Client Assistance
June 4, 1991
~::-. Skinner also requested at this time, in an attempt to reduce
the demand for services, that the client income eligibility level
limit be reduced to 100 percent.
'In'response to Co~tsstoner Shaoahan, Ms. Skinner Informed that
when the economy is do~ there is a greater demand on the services.
She'-advised that approximately ~o-th~rds of her budget is State man-
dated,~ ~d basically there is no a~ternative solution She concurred
that~t is not kno~ per month how many people will be sick and how
~:?'-:.~'~ch Collier County will be re~ired to fund therefore the revest
for further moneys is possible.
In response to Commiss~oner Hasse, Ms. Skinner stated that it is a
'~re~irement by the State that individuals retesting services be U.S
]'~ounty Manager Dorrill advised ~hat in regards to the budget
'?'~-{"' ~delines for the services for indigent residents, a break out of
costs w~/1 be provided.
to a~ the tr~fer of 812o,0oo fr~
':~*~~t~ ~d $75,000 fr~ the G~eral ~d/Health Care
~tbllt~ A~ ~t to the
~*~ ~ t~ clint tnc~ ellgtbtlt~ criteria to 100 ~r-
>m%~:~ m~ lml.
~ ~~I~ ~UATION OF
· - A~ ~ ~ A~O~ DI~D TO ~OVIDE A ~ ~ING
~ T~ ~ ~ TA~ IS~S
Co~tsstoner Goodnight commented that after reviewing the
:'~ecuttve Sugary on the subject item, it is important for the Board
/...*,
continue to review the Marco Is/and utility system as becoming part
· ,'; ~,)' ,.;'
Off: C011ter Count~.
.'~':; *Ashtoter Otllttte~ Admtnt~ratoz. Bloet~cher Indicated that the
~ttVe S~ary reflects what the Marco Island Utility System will
.... ~..
' i June 4, ~99~
look like over the next few years should the County become Involved in
:'? it. He informed that the subject system does have problems, but is in
. .' reasonably good shape. He informed that regarding the rate base study
:: ' '.for the s~stem, Southern State Utilities presented a value of approxi-
~'' mately $33 million for hard costs of the current ~nfrastructure He
pointed out that there are future water and sewer capacity questions
: wht0h need to be evaluated. He noted that there is a high usage of
- water on Marco Island which at build-out, projected for 2010, shows to
be 22.5 million gallons of water per day; and the treatment plant
appears to be under capacity which requires water restrictions at this
tlme. Mr. Bloetscher requested direction from the Board as to further
activity on this matter.
'i'./:'. :~ASsistant County Attorney Lawson explained that the Board's
alternatives for proceeding on the condemnation issue would be through
quick-take or longer-take; however, longer-take is out of the question
because this ~nvolves a revenue generating property. Another method
for proceeding, he advised, would be through negotiations. He recom-
mended that if the Board does want to proceed with the subject eva-
..t. luation, staff should be directed to establish a proposal for an
.:" acquisition team.
Commissioner Volpe commented that' it appears that a different rate
~[. strtlcture w~11 be required for Marco Island than for the rest of
Collier County, otherwise there will be an increase of rates
throughout the County in order to include Marco Is/and. He questioned
if this is true, what is accomplished for the rate-payers of Marco
?~ Island if Collier County acquires their utility system?
i:.'?i,i "r. Bloetscher explained that the County would be able to charge a
~:. .'lower. fee for the rate-payers of Marco Island versus the fee charged
· by their current utility.
i.i ~ ~ Commissioner Shanahan concurred t'hat the County feels that it can
: provide the utility in a more efficient manner with ~;reater quality at
a lesser price over a long term period of time. Mr. Bloetscher empha-
.~ ,~ June 4, 199!
.that.this will be true on a long-term basis.
;'~t.':.' .;. .Commissioner Volpe questioned if the acquisition of waste water
only was considered? Mr. Bluetschef revealed that this was not
reviewed because the longer term problems are with the water supply.
Mr. Bill Barton of Wilson, Miller, Barton, and Peek commended the
t'~ .:. County on seriously considering the purchase of The Marco Island uti-
...!~t~,.~ystem and advised that the County is proceedln9 in the right
.direction. He noted that the pollution problems regarding the septic
systems on Marco Island will begin to appear more rapidly as the popu-
~'i~" lation ~TOWS, therefore, although the big piotur~ for acquisition is
'important, it is essential that progress be made on the gravity
!~!;i~11:'~!.:.syoten. He informed that he would llke to present to the Board on
i]~June 25, 1991, a plan of action on the gravity system for Marco
:;..;, · e~ at:~th~s K:J~ l)~put~ Clerk Farri~ replaced Deputy Clerk Arr~ghi ''
Robert Duklauer, representing the Marco Island Taxpayers
Association, strongly endorsed Collier County taking over the water
.:.i. and sewer utility services for Marco Island.
. -. Commissioner Shanahan reported that Maurice D. Metcalf had to
leave but p~tor to doing so had requ. ested his written comments be read
into the record, which Commissioner Shanahan proceeded to do (copy of
.. th~ written comments not provided for The record}. Mr. Metcalf's com-
ments indicated that the Board of Directors of the Marco Island Civic
.- Association (MICA} strongly recommends the acquisition of the water
and sewer services for Marco Island by Collier County, and that one of
the reasons for doing so is the cost factor.
Commissioner Shanahan recommended continued pursuant, analysis and
study of the possibility of acquisition of the Marco Island water and
· sewer services, with County Attorne}, Cuyler reporting th~ ,equirements
'~[j'6fiiia'.!'q~ick takeover, as well as contacting SSU to report Collier
',s..'intentions.
Dotrill questioned the need for a referenda
~inquiry on Marco about this item, su[;ge,~ting possibly a straw ballot
..matl;in:'tFpevote to Inform the Board of County Commissioners of the
reeident"e feeling about a takeover.
':..' Commissioner Saunders reported that legislature eliminated straw
~ballots.' :
':i".: 'Commissioner Shanahah indicated it is his intention to ascertain
'.the oplnion of the Marco Island residents regarding a takeover by
Collier County,
- -(~u[~i~er.S~unders moved, seconded by Commissioner Shanahen, to
:~.".";'~w~t'~ prell~/nary engineering ~tluatton ~d to direct C~ty
.~':: :~At~toz-s~y.~ Clzyler to provide a ~e~orandum on the issues involving m
:;r-;u;' ~C~ ~ ~ · slow l:~keov~r process.
Assistant Utilities Administrator Bloetscher reported there are
some,strategy things outside of Just the quick take issue that need to
be .addressed. lie suggested having Ills division provide input
::'~::',~d'dr'eestng those issues.
',Commissioner Saunders confirmed that the intent of his motion
?(/5 ~tncludes addressing the strategy issues. Commissioner Shanahah con-
)'! cuffed.
,.'~iUpe~a-call for the question, ~otlon carried unanimously.
:. INFRC~ OF ODOR CONTROL SYSTEN FOR Tl~ SOUTH COUNTY REGIONAL
; '~I~I~[~T~I~ T~lt~ FACILITY - APPItOV~D PURSUA1TI' TO ST~FF'S
· ':.
/.Wastewater Director Clemons reported that this item addresses the
,' i . ..- .-: l'.; ·
· i,' :s°l.ei's°urce purchase of two Davis Process 2000 CFM Dual Trt-Plex Poly
.AirIScrubber Systems from Davis Wat~:r and Waste Industries through
,',".'their process division. He reminded the Board of County Commissioners
ii:j.?,;:?,'.that.-,they have previously declared the odor problem to be an emergency
";'"~?'.!i;. and directed staff to proceed ~fth t:he design and purchase.
· :.::;,,?fin reply to Commissioner Saunders, Mr. Clemons con£.~rmed that
.,~/Ma'icoim Pirnie has evaluated the situation and their letter of recom-
~(..:3. !: .'~..[.:':
iJ:':;!'i~. ~endatton is included in staff's.report, He reported meeting wlth the
;';? re~r~sentatlve from Davls Water and Waste Industries yesterday, and
~ '~ : ...
~,[betng informed that, within 30 days of receipt of a County Purchase
Page 39
?.- June 4, 1991
Ord~$the scrubber systems can be on-line and running.
answer to Co~isstoner Volpe mnd Comm~ssioner Sanders, Mr.
Clemo~s:conf~rmed ~hat this is the permanent solution to the hydrogen
problem for the plant.
'";':~:-~'mff's ~~&~t~ re~rtin~ the ~rch~ of ~ ~r
<~o~tssioner Hasse ~esttoned whether the Collier County would be
~Sbl'i~ated for the entire cost of the scrubber systems or if the former
' engineer will share any of the cost.
'.. Nr..~lemons indicated he cannot say that the engineer has any
~onstbtltty at this tt~e, but that grant funding for the pro3ect
;betn~ ~raued through the EPA ~rant He expressed his opinion that
: ,.'. :;,:.,: : ·
:~.';::..~he problem did not reflect a desl~ flaw.
:~:::::~oatsstoner Saunders ~esttoned whether the issue of liability is
' addressed.
: Attorney Cuyler answered that final determinations are to
de..
, .',~..;.;':' ?:;:~:~11 'fo~ the ~tt~, ~tton
ltN~OI~U"I~ON 91-442 CALLING A REFERENDUM ELECTION BY MAIL BALLOT WITHIN
~ I]~[OEA~E~ FIR~ CONTROL DISTRICT AND IN THE AREA PROPOSED TO BE
INC~UIT~D I![ THE II~KALEE FIRE CONTROL DISTRICT TO DETERMINE IF THE
ELECTORS APPROVE HOUSE BILL 1133 EIUI"RNDING THE BOUNDARIES - ADOPTED
This item was discussed in conjunction with Item #10B regarding
the Big Corkscrew Island Fire Control and Rescue District as well as
:!i:~:::~':'Item #IOC regarding the North Naples Fire Control and Res=u. District
and.in the Little Hickory, Bonita Shores Fire Control District
"<County Attorney Cu¥1er reported that legls]atton provided for
.~ :iexpanslon of the districts are subject to voter approval. He tndt-
cated.;the Districts have submitted a request that the Board have a
<.,-. , = September 10, 1991. He added that the Districts have
~roved. the ballot and pertinent Resolutions. He made reference to a
~emo from Mary Morgan, Supervisor of ElectLone, to Chairman Goodnight
Wl~h~'the estimates due from each dJet;rtct for the election contained
therein along with Ms. Morgan's re~uest that said amounts be deposited
by Friday, June ?, 1993, copy of said memo not grovfded for the
.' He indicated the amount due from Big Corkscrew is $900; due
-:,-;-~. ,,.:fr~m Immokalee ~s $2,600; and due from North Naples ~s $38,000. He
pointed out that Ms. Morgan tndicate~ that these amounts are rough
,~!:,eStimates and anything in addition to that will have to be covered by
;F~nance D~rector Yonkoaky reported that there ~s $750-$1,000 due
!~'~perl;d~str~ct for advertising costs which is above and beyond the
>.i'~iY ' amottnts reported by Ms. Morgan.
· '~=~ly, to a~t R~olutlon 91-442 calling a refer~
· v. electton.b~ .tl ballot within the Is~okalee Fire Control and Rescue
Page 41
June 4, 1991
I~LUTZO~ 91-443 CALLING A R~I~KRENDU~! ELECTION BY MAIL BALLOT WITHIN
TH~ BIQ CO~ESCKEN ISLAND FIRE CONTROL AND RESCU~ DISTRICT AND IN TH~
Alt~A PttOPO~D TO BE INCLUDED IN THE BIG CORKSCREW ISLAND FIRE CONTROL
AND ~ DISTRICT TO DETERMINE IF ~ ELECTORS APPROVE HOUSE BILL
1355 ![~k'TI!:]IDIIiG TI~ BOUNDARIES - ADOI~I'KD
This item was discussed in conjunction with Item #10A above.
-C~.~dut~ $~u~der. ~ov~d, seconded ~ C~iss~oner S~ ~d
~~ ~ly, to adopt Resoltlti~ 91-443 cal~ng a referen~
.el~i~ ~ ~1 ~11ot within the 11tg Cor~cr~ Isl~d Fire Control
Page 42
June 4, 1991
91-444 CALLING A P~EFERENDUM ELECTION BY ~IL B~LOT WI~IN
~ FI~ C0~OL ~ K~SC~ DIS~ICT ~ ~ LI~
~NITA SROR~S FI~ C0~OL DIS~ICT TO DET~I~ IF ~LECTORS
~E BILL 1323 ~ING T~ BO~I~S OF T~ NOR~ N~ES
~OL ~ ~S~ DIS~ICT TO INCL~E ~L ~S BELONGS T0 ~
~~ ~TA ~O~S FI~ C0~OL DIS~ICT - ~D
This Item was discussed tn conjunction with Item #10A above.
County Attorney Cuyler pointed out that this item is a little dif-
ferent from the previous two items in that the Little Hickory, Bonita
Shores Fire Control and Rescue District is proposed to be absorbed by
'~,i?.i,?" the.North Naples Fire Control and Rescue District.
~}::'!i'~!:,' .',' Walter Kissel, Commissioner of North Naples, stated he was not
. :
aware of the requirement of money on deposit to cover election costs.
· County Attorney Cuyler reiterated the Supervisor of Elections'
comments that the County has no funds currently in the election budget
and,~*.therefore, it is necessary to front the estimate and then make up
difference o
.~. O~i~t~ne~ S~ndere ~1, seconded by Commissioner Shanahan and
'=a~T~ ~n~nt~u~l~, to adopt Resolution 91-444 calling a rsferendu~
el~n by ~tl ballot within the l~orth Naples Fire C~ntrol and
the Little Hickory, Bonita Shoree Fire Control
.- :.::,=:..: .:::.A~tet-.dt~z~ton, it wu the cm~cm of the Board to include the
,:::-~.:;..:='..'~v~'t:ts~ung o~ts in the amounts r~Intred to be depoatte~ to cover the
Page 43
June 4, 1991
AUT~q~Z~~~ FINANC~ COI~I~ STAFF TO SOLICIT ~ NVALUAT~
FRO~ ~ I~ ~IN~ FI~ FOR ~ ~S~ OF
~~ ~ ~~ITIN~ ~ TO S~ AS ~ COX'S
~ ~~ TO BE O~D ~OO'~ ~GOTIATED S~E - ~~D
Assistant County Manager McLemoz'e indicated the objective is to
pull a team approach together relative to an investment finance faci-
>i.lity:and.get out of the position of a perpetual emergency situation.
~<He~statad the team approach brings wi%h it the capability to draw upon
i the full members of the team and th~il. creative ability to address
various projects. Me pointed out it will eliminate staff time which
is currently required to review proposals for different bond issues
for which the same set of credentials are submitted. He indicated the
request involves authorization to complete an RFP and short list to be
submitted to the Board of County Commissioners along with recommen-
'~ f-[ ,'dat~ona for their f~nal decision. ~e stated it is suggested the team
[./i'~.!!'/i[!be assembled for a three year period based upon an annual renewal
b! ~i~,~centertn~ on performance.
Commissioner Saunders stated he has no problem with the concept as
long as the Board of County Commissioners, on any particular issue,
can put together the team based on the prequalifted group and, addi-
jj., t~onally, can direct staff to do an RFP on individual ~ssues if the
· .?~/'need,,to do so is indicated.
,h!,i."%/i 'Co---tss~oner Shanahah concurred with Commissioner Saunders'
· r emarks.
.(i.~,:11 -. Commissioner Volpe indicated he feels a three year term renewable
i,[~i'a~nually ~s too long. He also raised the issue o~ selection of the
senior manager and whether It will be on a rotatin[~ basis, etc.
- .Assistant County Manager McLemcre reiterated that the Finance
Committee, on each issue, will submit their recommendations to the
'.'; Board of County Commissioners for ~.pproval or amendment.
~??.i?":~Cha~rman Goodnight expressed her opinion that the Board of County
'.,::i :.~..Comm'issioners needs to maintain flexibil~t¥.
- ':',:.-',-;f~l~-~d~m~n, ~ was the ~ral conc~ to m~r~ the
· .: .... Suns ·~ :199!
'~,~ . Inthor~z~ng the Finance Co~ttte~ staff to eo~lic~t ~nd
Fac~es Hanagemen~ D~ec~o~ Camp ~em~nded ~e Board o~ Co~n~
'C0~Assioners of their approval of the Shertff's Department funds for
to the I~okalee Jail Center particularly as they relate
air.conditioning. He indicated that the issue being addressed
~'':.utoday is for the securing of an architect to design such a system.
Co~]ssioner Volpe ~estioned how one secures the funds prior to
., .~ be]ng An place to indicate what those costs will be.
' ~Mr..Camp stated this has been an ongoing project of improvements
.the past two years and that or/g.[nally a contractor submitted a
/~0te... He indicated the need for engineering work was established and
~/.prelAmina~ estimates based on s~are footage, etc. were solicited.
M~ager Derrill reported that this item was an approved
_. ~ect for this year, that the Sheriff had previously
""~e~es~ed ~o hl~e ~he a~ch~tect, but ~t was determined that ~he Board
Co~ty Co~ss~one~s o~s and operates the building and, themefore,
Cobb-has ass~ed ~h, ~espons~b~l~ty of the p~o3ect from the
)':stated it is estimated the project will cost $235,O00
design.
· y Manager Dorrill confirmed that only design services
.bqdgeted and that construction will be included in next year's
budget;
Saunders moved, seconded by Cmmiast~ner Ha~ae and
to mpprovt Work Order Number VL-4 with Victor
lB ooo~,~,. 87
Page 46
$une 4, 1991
FOR MOBILZ CO~MUI~CATION$ AND CO[~IA~D POST PRO~gCT
Emergency Management Coordinator Arnold reported that seven speci-
e':,, ~: , itc vehicles have been inspected and that several other possible sour-
[~ ces of used vehicles have been revisited. He indicated today's
reclues~ ~s for approval, pending an inspection by staff of the vehicle
.~.~/..!.~!0cated. tn Michigan, to spend $41,000 to purchase a 1989 33' vehicle
wlth'14,000 miles on it. He stated the vehicle has previously been
' "~used by an eye clinfc as a mobile vision clinic. He reported a cur-
, so~ inspectlon has been done by the Fire Chief in Grand Rapids which
i,~_ revealed problems with the exhaust system, rust on the front bumper,
-~:'..' and the vehicle is in need of unde~coating.
-',: Commissioner Hasse questioned who will be going to Michigan to
:;?::~'/~tnspect the vehicle, to which Mr. Arnold responded it will probably be
himself and Emergency Services Administrator Reardon.
Commissioner Shanahan stated this obviously means the Board of
County Commissioners Is going to proceed with the mobile van concept
axld have a total package of approximately $125,000. He projected the
scenario that, during a great storm, Marco Island would be shut down,
'. . all emergency vehicles would be off the Island, and antennas would be
down,~:and questioned how and in wh;~t manner there would be com-
tons..
Mr. Arnold replied that during the approach of the storm the
.:':'(:i' mobile communications vehicle will be moved to an area away from the
:: storm surge and out of harm's way. He added that, after the storm, It
Li!': wlli be a matter of determining where the vehicle is needed and moving
[..:~i-:.:~i It'down to perhaps the Marco bridge. He stated that, if the bridge
":- were to be destroyed, we will be looking at the Corp of Engineers as
' they did in the Barrier Islands of South Carolina where they operated
~[[.i:f:i!a pontoon bridge for approximately one month. He remarked that the
-~:~:moblle communications vehicle ,ill be taken across if that is where it
to be needed. He indicated that some of the planned com-
Page 47
· - June 4, 1991
munications equipment will make communications with county agencies,
!::,the federal government, and the military, possible.
'Commissioner Shanaban commented that now the cost of the project
is affordable, but questioned whether It is going to produce the end
res~llt that is anticipated and expected.
· '.: · · Mr Arnold indicated he is a firm believer in the project He
stressed that had the vehicle been available, it could have been used
year during the Marco Airport incident as well as at the
Everglades City Airport.
,,~.,! .':':'".County Manager Dorrtll suggested the vehicle could have been used
today when there was a large 2,000 gallon diesel fuel spill in
Im~okalee. ~e stated the vehicle is not intended to only be used in
.
the unlikely event of a hurricane, but can be used for any multi or
mass casualty, natural or man-made disaster or Incident, in addition
.'-.'.itc being used as the backup 911 center for Collier County. He
"relterated that the vehicle has multiple uses for multiple situations.
Mr. Arnold reported talking this morning with Chief McDonald,
President of the Fire Chief's Association, who indicated he foresees
no problem with the fire departments he/ping to keep the vehicle
,-:::. ~unntng.
~!~';County Manager Dorrtll pointed out that, due to 1tmited funding,
:':"the only thing being asked of the Board of County Commissioners today
'is whether or not to acquire the used vehicle, and the balance of the
funding will need to be the radio package. He suggested that, when
~,'.:. the:time comes, the County might pursue the possibility of getting the
":'~ndependent districts to assist with some of the outfitting costs and
?-.i letting the County Commission own Just the primary vehicle.
Commissioner Saunders suggested that if the County cc,nttnued to
look, perhaps a vehicle might be found in Southwest Florida or South
'Florida where it is not necessary to send two peop]e a great distance
to evaluate the vehicle and then be faced with transportation costs
:i[., for the vehlcle. He expressed his p~eference that the County continue
,.' .!. looking closer to home for a vehtcl~ to meet their needs.
~.?.':.:.:
June 4, 1991
-.'~'.i.' Mr. Arnold revealed that the w.~hicle in Michigan is equipped with
a"20 kilowatt generator valued at approximately $20,000 alone.
Mr. Arnold reported that the ortglnal plan considered is for both
he. and'Mr. Reardon to ~o to Michigan to review the vehicle, Mr.
.Rear,on make the final decision reuardlng purchase of the same, and
then ~e arrangements to drive ~ back.
~?~{.,'/. ., Co~ty Manager Dotrill suggested that an alternative might be to
'~{~]~.L.~n~r the costs to have the veh~c]~ delivered here with some assurance
:~that the County will pay to have the vehicle returned
event the County elected not to buy
Co~lss~oner Shanahah suggested that ac~ist~ton of the vehicle
and tr~sportatton of it to Collier County should be done with the
,s~e ~ood ~stness 3ud~ent used through the entire acquisition of
this
....... Co~ty. M~ager Dotrill stated he will take that under advisement
'~~1~ S~ ~ed, ~ond~ ~ Coat.steer Vol~ ~d
c:,.~t~-.~mly, t~t ~d~t ~,n~nts 91-206 t~gh 9~-20~
--~smtoner Shanaban ~oved, ee,conded by Co~mtestoner Saunders and
u~n~ou~]y, to &ppo~nt Sydney $. Melllnger to the Llbrar~
thereby adopting Resolution 9~-445.
June 4, 1991
I~0~UTION 91-446 REAPPOINTING JOBN T. WITCHGER AND APPOINTING DAVE
· ~TIN~, CA~L J. EUEHNER, AND WILLIAM H. POTEET, JR. TO THE HOMELESS
"' "Admtn~strative Assistant Filson summarized staff's recommendations
:11to' reappoint John T. Witchget for a term of four years, appoint Dave
.?.:..:
.Entlng; for a term of four years, appoint Carl J. Kuehner for a four
, and appoint William H Poteet Jr. to fill the remainder of
the term declared vacant due to fallu~:e of attendance of three
,~ L ~eet ings..~
Sm~mder~ moved, ~cm~ded by Co~.~t~one~- Shanahah and
~.-.---~=~'L'~e~-~m~ly, to aPl~ove the ~eco~s~dat~ons outlined by mt~ff,
He~olution 91-446.
Page 50
June 4, 1991
IN TH~ CONFI!;CATED TRUST F~Y~D FOR PREVIOUSLY
APPROVED
~f~?4.~'~V~'.~ Transfer fr~ re~erw~ in the confiecated Tr~t ~d
::~g~.,[~?.':'.:In repl~ to Co~issioner Volpe Lieutenant Byron Tomlinson stated
that this falls under the gutdeltnm~ of the confiscated trust fund
:~der the Narcotics educational portion.
Attorney guylet conflrmed that his office checks each of
~sfers.
· :.~.:.:'.'-~-~~C~TIO~ ~~ - ST~ DI~KD TO S~K A DA~
Captain Wayne Graham reported that the workshop Is expected to
.'takeapproximately one and one-half hours.
,. County Manager Dotrill indicated that there is one other workshop
Item'as-it relates to solid waste and that both it as well as the 800
MHzt'~tems have budget Implications. He suggested that the Board of
iCdUnty Commissioners authorize him to look at the upcoming Board
i:calendar and perhaps schedule the workshop for a time coinciding with
evening meeting.
S&undere ~c,~d, se:conded by Coni~sioner Sha~sha~ ~
/: ~n~nl~usl¥, to direct C~ M~mger ~rrlll to rwi~ the
i~:a~J-~'~ ~' ~1~ ~d sch~le the ~rkshop for m tl~ coin-
~SI~ ' C~!~ICl~ONS
~'~-~/Co~ss~one~ Shaman ~est~oned when ~he Board of County
., ..~... '? ~
f~.Conlss~oners ~s going to discuss ~ays to fund roa,~ t~provenents.
;:,Co~ty M~ager Dorrill answered that his offtc,~ has recently given
Boar~ an update on that but ln~ica~e~ he will double-check an~
;c ].~.: :.
'%:.: ',.,~ June 4, 1991
~'.will~"advise with an interoffice memorandum.
County Attorney Cuyler stated his office will be preclearing the
.fire district items with the Departnmnt of Justice.
.~.8.~.:~.-~m~mioner Volpe ~oved, seconded ~ Co~ss~oner H~se ~
The water facilities fire line to serve the project cannot be
placed into service and no Certificate of Occupancy shall be
issl/ed until the Florida Department of Environmental
Regulation furnishes a letter approving the water distribu-
tion system for service.
Bacteriological testing has met the County's requirements.
The Fire Flow requirements of the project have been
satisfied, and the Fire District furnishes a letter accepting
the fire hydrant for ownership and maintenance.
See Pages~ ,~7 P~/~77 ,/~9~/
-!
Ite~#16&2
91--434, PRELIMINARY ACCBPTANCE OF THE ROADWAY, DRAINAGE,
'~TEH~'AND~I~ IMPR~$ FOR THE FINAL PLAT OF "EFB:NINGSTAR CAY
AT P~OFTH~ I~LANDS' -WITHSTIPULATIONS
Accept the Certificate of Deposit and Corporate Bond as
security for maintenance of the infrastructure until the
Board of County Commissioners grants final acceptance of all
improvements.
2.'. Authorize the Chairman to execute the Maintenance Agreement
· . for Preliminary Acceptance.
see P,ges /10
91--435, FINAL ACCEPTANCE OF TH~ ROADWAY, DRAINAGE, WATER,
I~ IN THE VILLAGES OF MONTEREY AT WOODBRIDGE, UNIT
~'~ND~L~AS~ OF THE MAINTENANCE SECURITY
e' See Pages ///
OF ~ATER AND SEWER FACILITIES FOR ARBOR TRACH - WITH
;3.
The water and sewer facilities to serve the project cannot be
placed into service and no Certificate of Occupancy shall be
issued until the Florida Department of Environmental
Regulation furnishes a letter authorizing the placement of
these systems into service.
Bacteriological testing has met the County's requirements.
The Fire Flow requirements~ of the pro3ect have been
sat~sfied, and the Fire District furnishes a letter accepting
the fire hydrant for ownership and maintenance.
Page 52
June 4, 1991
see Pages '
OR Book J~ Pages 73'
~I~TION 91-436, G~J~NTING FINAL ACCEPTANCE OF THE ROAIN~AY, DRAINAGE,
~T~ AND ~ IMPR~ IN ~ VILLAGES OF MOITI~REY AT
~f UNIT TWO AND RELEASE OF TH~ MAINTENANCE SECURITY
See Pages
.NAT~I~ AND SEW~ FACILITIES FOR SAPPHIRE L~9~$, UNIT 1,
~rll~ILATION~
The water and sewer facil.ittes to serve the project cannot be
placed into service and no Certificate of Occupancy shall be
issued until the Florida Department of Environmental
Regulation furnishes a letter authorizing the placement of
these systems into servtce.
2. Bacteriological testing has met the County's requirements.
3. The Fire Flow requtrement..~ of the project have been
satisfied, and the Fire District furnishes a letter accepting
the fire hydrant for ownership and maintenance.
'.i .... ..: '-" ~;.~,- OR BOOK 1633 Pa~es 776 - 787
i. ~- R~ITI~ 91-437, ~RANTIN~ PRELIMINARY ACCEPTANCE OF THE ROAI~AY,
IH~~, ~ATER AND SEWER IMPROV~M~a~TS FOR THE FINAL PLAT OF 'SAPPHIRE
.I~AKES.~ UNIT 1.~ PHASE 1-A' - WITH STIPULATIONS
Accept the Construction, Maintenance and Escrow Agreement
(posted with the Clerk) as security for maintenance of the
tnfrastruct;~re until the ~,oard of County Commissioners grants
final acceptance of all Improvements.
Preliminary acceptance of improvements will not become effec-
tive until water and sewer factlttles have been conveyed to
Collier County Water-Sewer District.
See Pages
~.:~"i::-: 'ACC~'~[~I~ OF ~-a~.SBlql~'NT$ GRANTED BY ST. PETER'S CATHOLIC CHURCH FOR
. ,tlTD CANAL WIDeNInG
See Pages
Se. Pa es- /&F
~n~ 53
"' BID ~90-1669 RK COIFTRACT FOR CONSTT<UCTION OF WATKR, SEWER AND KFFLUKNT
:~;:.:'LIllE':OIl IJO80EALK~ ROAD - AWARDKD TO DOUGLAS N. HI~IGINS, INC., IN THE
OF'UTILITY KASKMKHTS TO THE COLLIER COUNTY WATER-SEWER
*.*d ':'*':~DISTJEICTTO PROVIDE UTILITY KFFLUENT LINES TO THE G%ADE$/T.a~D GOLF
· '. Page .....I d'
. ~-.Z
:*.~.;: ~. RI~OLUTIOF 91-438, A~ORIZI~ ~C~ION 0F A JOI~ P~ICIPATION
A~ ~ ~ ~A D~~~ OF ~~ATI~ ~~G
See Pajes
~ ~ oF
i STJLF~ TO J~KGOTIATK AGRKEMENT WITH W.R. FRIZZKLL ARCHITECY~, AS
!. ' ~ ~ ~ $KL~CTION COMMIT].*KE, RE TH~ KXPARSION AND
'.RI]IOVJLT~O~ OF TH~ ISL]~S OF CAPRI FIR~- STATION PROJECT
RKIMBIFRSING THE POLLUTION CONTROL DKPARTMKNT FOR
PROGRAM IN THE AMOUNT OF $34f882
Page 54
June 4, 1991
~o ~S
~[~~: ~ ~ZO~ TO ~ TAX ROLLS AS PI~S~ ~1' THg
0FFIC~
1990
TANOIBL~ IrE'I~];ONAL PROPERTY
No. 103
.~:..~ ?~,~ .f .. ;... :
Dated 5/23/91
FOR I]OIATK N0'S. 72132 AND 59346
-: -: - - FIL~:D AND/OR ~
The following miscellaneous correspondence was filed and or
referred to the various departments as indicated below:
Memo dated 5/22/91 to Jennifer J. Pike, Assistant to the
County Manager, from Clerk Jim Giles, re Settlement
Agreement, Palmer Communications, Inc. xc: Filed.
Letter dated 5/21/91 to Carol McCallum, Florida Department of
Law Enforcement, from Susan M. Usher, Senior Accountant,
Deputy Clerk, re Quarterly Report of Activity Within the
Confiscated Property Trust Fund. xc: Filed.
Letter dated 4/18/91 to Sheriff Hunter and Chairman Goodnight
from Virgil L. Choate, Correctional Officer Inspector II, re
Inspection Report Dated 4/9/91. xc: Filed.
Letter dated 5/16/91 to BC:C from Jon M. Iglehart,
Environmental Specfalist, Department of Environmental
Regulation, re Collier County - WRR, File No. 111965715.
Neil Dorrtll, Harry Huber and filed.
XC:
Department of Health and Rehabtlttattve Services Report No.
80, dated April, 1991, re Florida HIV/AIDS Surveillance
Report Dicmase Control & AIDS Prevention. xc: BCC, Dr.
Polkowskt and filed.
Letter dated 5/6/91 to Chairman Goodnight from Deputy
District Administrator for De/ores G. Dry, Department of
Health and Rehabilitattve Servfces, re federal funds awarded
for the AIDS Program for contract year 1990-91. xc: Filed.
Letter dated 5/1/91 to BCC from Barratt Wilkins, State
Librarian, Florida Governor's Conference on Library and
Information Services, enclosing Final Report. xc: Filed.
8. Minutes Received and Filed:
ao
PlanninG Commission :ztnutes of 4/18/91 and agenda for
5/16/91 meeting.
Letter dated 4/15/91 to BCC from.Mark Morton, Chairman,
Collier County Unified Land Development Code Ad Hoc
Committee, incorporating remarks of 1/31/91, 2/14/91,
and 3/14/91 meetings and advtslng of scheduled upcoming
meetings. xc: Filed.
Page 55
June 4, 1991
Parks and Recreation Advisory Board minutes of 4/24/91
and agenda for 5/22/91 meeting.
9.. Notice from Department of Natural Resources Workshop received
on 5/23/91, re Draft Rule 16B-41, F.A.C. for Regulation of
Coastal Construction Seaward of MHW. xc: Nell Dotrill,
Harry Huber and flied.
~i.'i>.,. 10.~. Notice dated 5/15/91, to Board of County Commissioners from
Westinghouse Supply Company, advising that they have fur-
nished miscellaneous electrical materials for the Collier
County Health Services Buildfng, under an order given by
Lettner Electric, and demanding payment in the amount of
$661.69. xc: Nell Dotrill, Steve Camell, John Yonkosky and
filed.
11.
Notice to Owner dated 5/17/91 to Board of County
Commissioners from MGM Petro Equipment & gnvtro Services,
advfstng that they have provided materials for Collier County
project, under an order given by T.R.A.C. Environmental, and
requesting balance due in the amount of $1,336.45. xc: Neil
Dotrill, Steve Camell, John Yonkosky and filed.
12.
Notice to Owner dated 5/22/91 to Board of County
Commissioners from Gulf Coast Steel Erectors Inc., advising
that they have furnished services for the erection of a pre
engineered building for the Collier County Landfill, under an
order given by Lynch Construction Co. xc: Nell Dotrill,
Steve Carne/l, John Yonkosky and filed.
13.
Notice to Owner dated 5/15/91 to Board of County
Commissioners from MD Harwell Excavating, advtslng that they
have provided sitework, layout, materials, equipment and
related services for the East Naples Community Park, under an
order given by Cornerstone General Contractors. xc: Nell
Dotrill, Steve Camell, John ¥onkosky and filed.
Notice to Owner dated 5/20/91 to Board of County
Commissioners from Graybar Electric Co., Inc., advtslng that
they have furnished miscellaneous electrical materials for
the Immokalee Community Park, under an order given by William
Roberts Electric. xc: Nell Dotrill, Steve Carnell, John
¥onkosky and filed.
'15.
Notice to Owner dated 5/15/91 to Board of County
Commissioners from MD Harwell Excavating, advising that they
have provided sitework, layout, materials, equipment and
related services for the North Naples Community Park, under
an order given by Cornerstone General Contractors. xc: Nell
Dotrill, Steve Carnell, Jchn Yonkosky and filed.
16.
Notice to Owner dated 5/20/91 to Board oF County
Commissioners from Graybar Electric Co., Inc., advlstng that
they have furnished misce]laneous electrical materials for
the North Naples Community Park, under an orde~ given by
William Roberts Electric. xc: Nell Dorrill, Steve Carne/],
John Yonkosky and filed.
Letter dated 5/1/91 to Clerk Giles from E. Barrett Atwood,
St., Controller/Deputy Department Director of Finance, South
Florida Water Management District, enclosli~g copy of the
District's first comprehensive Annual Financial Report. xc:
Filed.
,'.~.. Lott, P.E., District Traffic Operations Engineer, Department
'.: ::- ~ . of Transportation, re Notification of Changes in Traffic
~:,i~: .:L,~,.. Regulations. xc: George Archibald, Neil Dorrtll and filed.
Page 56
June 4, 1991
There being no further business for the Good of the County, the
[i!Ji:~meeting was adjourned by Order of the Chair - Time: ?:lO P.M.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS
CONTROL
PATRICIA ANNE G~DNIGH~CHAIRMAN
.:es appl~o~ed by the Board on~~ ~j ////
~:"; "~'""' .,'~"'~'~ or as corrected
Page 57