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BCC Minutes 05/07/1991 R Naples, Florida, May 7, 1991~ LET IT BE REMEMBERED, that the Board of County Commissioners in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special districts as have been created according to law and having conducted business herein, met on this date at 9:00 A.M. in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, wlth the following members present: CHAIRMAN: Patricia Anne Goodnight VICE-CHAIRMAN: Michael J. Volpe Richard S. Shanahan Max A. Hasse, Jr. Burr L. Saunders ALSO PRESENT: James C. Giles, Clerk; John ¥onkosky, Finance Director; Wanda Arrtght, Annette Guevtn and Debby Farris, Deputy Clerks; Nell Dotrill, County Manager; Ron McLemore, Assistant County Manager; Tom Olliff, Assistant to the County Manager; Ken Cuyler, County Attorney; Dave Pettrow, Development Services Director; Russell Shreeve, Housing & Urban Improvement Director; William Lorenz, Environmental Services Administrator; Stan Litsinger, Growth Management D~rector; Frank Brutt, Community Development Services Administrator; 'Heyward Boyce, Compliance Services Manager; John MadaJewsk~, Project Review Services Manager; Ken Bagtnski, Planning Services Manager; Sue Ftlson, Administrative Assistant to the Board; and Deputy Byron Tomlinson, $herlff's Office. Page I May 7, 1991 &G~ND~..AND CONSENT AGENDA - APPROVED WITH CHANGKS Cm~dssioner Shanaban moved, seconded by Cometsstoner Hesse and c~t'risd l~n~ntmously, that the agenda and consent agenda be approved wtth-~hs following changes: Item #8B - Case No. 90-07-04750 Public Nuisance Lot 4, Block 10, Naples Manor Annex (Ernesto Rodriguez Construction, Inc.) - Added. (Requested by the Clerk's Office). 2e Item #9H2 - Update on Status of Spring Training Baseball Project - Added. (Requested by County Manager). Item #12C - Collier Village/Collier County Housing Authority; recommendation to approval Certificates of Occupancy based on satisfactory final inspection of partially completed required subdivision improvements - Added. (Requested by Commissioner Goodnight). Item #12D - Recommendation to the Governor for appointments to the Immokalee Water and Sewer Board - Added. (Requested by Commissioner Goodnight). Item #16A5 Moved to #9A1 - Recommendation to approve and exe- cute a new lease agreement between Collier Enterprises Reality Group, Inc., and Collier County for Growth management Department's utilization of office space located at 3050 North Horseshoe Drive, Suite 176. Item #16A6 Moved to #9A2 - The Board of County Commissioners approve a resolution approving the County to pay the road, library, and parks and recreational facilities Impact fees; building permit fees and provide fill material for the 24-bed congregate car facility for the elderly to be built by Collier County Concerned Citizens, Inc., in Collier Village in Immokalee. County Manager Dorrtll read into the record the correct title for Item #3D appearing on the agenda for the Board of County Commissioners' evening meeting of May 8, 1991, which follows: Recommendation that the Board of County Commissioners consider the proposed amendments to the Zoning Reevaluatton Ordinance, Ordinance No. 90-23, pursuant to the stipulated settlement agreement between the Board of County Commissioners and James K. Kessler and the Gtttzen's Political Committee, Inc. CON$~ ,AGENDA - APPROVED AND/OR ADOPTED The motion for approval of the Consent Agenda is noted under Item #16. , ~INUT~ OF MARCH 12~ !991, REGUT.,&R M]ZETING - APPROVED AS PRESENTED Co,~te~loner Shanahen moved, seconded by Commissioner Hesse and that the Minutes of March 12, 1991, regular ~e approved as presented. SERVICE AWARDS - PRESENTED M&~ ?, 1991 Commissioner Volpe presented service awards to the following Collier County employees: Jorge Alvarez - Road & Bridge, District 1 - 15 years (Not Present) Maria E. Dvorak - Comm. Der/Planning Svr - 10 years Linda V. Denning - Agriculture Dept. - 15 years ~OE. PR~SENTED TO COLLIER COUNTY IN THE AMOUNT OF $71,796.00 FOR ~FEII~I~HA~ZNG FOR FLORIDA PANTHER NATIONAL WILDLIFE REFUGE - Mr. Todd Logan presented on behalf of the U.S. Fish and Wildlife Service a revenue sharing check in the amount of $71,796.00 to the Board of County Commissioners. Chairman Goodnight signed for receipt of the check and stated that a portion of the money received will be used for the CREW Project. Itel ~5C WIL~AM H. BRYANT RECOGNIZED AS ZMPLOYEE OF THE MONTH POE MAY, 1991 Commissioner Hasse presented William F. Bryant, Community Development Services Division, with an Exceptional Performance plaque and a $50 cash award. Ite~A. ROB!~KT ~AFENPORT, DAVENPORT'S MOBILE HOME PARK REGARDING EXEMPTION OF TH~ A]~Q~ATE P~BLIC FACILITIZS ORDINANCE - COUNTY ATTORNEY'S OFFICE TO It, SPOND AND REPORT TO T~E BOARD Mr. Robert Davenport, owner of Davenport's Mobile Home Park, explained that since the continuation of this issue on February 26, 1991, he has met with the County Attorney twice but with unsatisfac- tory results. He stated that he has requested a copy of the County's re¢om~endations, however, as of this date has not received it. He maintained that Davenport's Mobile Home Park should be exempt fuom the Adequate Public Facilities Ordinance, No. 90-24. He pointed out that Compliance Services signed off on specific site work on the completed Park in 1989 and the ordinance is dated March 30, 1990; therefore, he feels he is entitled to a complete exemption. 000 ,o 08Page3 May ?, 1991 After Commissioners Hasse and Saunders expressed their confusion as to what Mr. Davenport is specifically requesting, County Attorney Cuyler informed that the request by Mr. Davenport concerns him not requiring a Certificate of Adequate Public Facility for any additional mobile homes being placed in the Park because Mr. Davenport feels that since some of the park's infrastructure is in place along with the mobile homes his mobile home park is vested. Mr. Cuyler noted that he does owe Mr. Davenport a letter regarding the outcome of their meetings. Commissioner Saunders questioned whether Mr. Davenport is suggesting that he should be vested for a number of units that would reflect the capacity for water and sewer lines? County Attorney Cuyle= confirmed that this is the issue. In response to Commissioner Saunders, Mr. Davenport advised that his permit for water and sewer lines is for 103 units, and added that he presently has 41 units used. Commissioner Goodnight confirmed that the Board permitted Mr. Davenport to put in 103 water and sewer lines when his fezone was approved. County Attorney Cuyler noted that it has not been said that Mr. Davenport is not vested; however, the vesting for the Adequate Public Facility Ordinance is different than the vesting for purposes of con- tinuing with a development order. He stated that if Mr. Davenport has a vested right argument then he needs to go through the vested rights process. In response to Commissioner Saunders, Growth Management Director Litsinger informed that the application for vested rights is $750.00. Mr. L~tslnger responded to Commissioner Hasse's question by alleging that the last time this issue was before the Board no consen- sus was reached on the status of Mr. Davenport's PUD. He cited that there are two alternatives to this issue with one being that the County issue certificates for each lot as he applies for tle down per- mits or the other being the vested rights process. Mr. Litsinger com- I O~OP%G[ 09 Page 4 mented that the concurrency of the infrastructure goes beyond the limits of the PUD. He informed that the certificate for the tie down permit has no charge. Commissioner Goodnight pointed out that if there is a deficiency in any of the current public facilities, then Mr. Davenport would be dented the tie down permit. She indicated that the Adequate Public Facility Ordinance should not apply to a rental mobile home park which Mr. Davenport owns. Mr. Litsinger clarified that a rental mobile home park would be required to obtain a Adequate Public Facility Certificate for the ini- tial tte down permtt only because it would be established at that time that there are adequate public facilities for the park. Mr. Davenport replied to Commissioner Saunders' question by con- tending that his park was substantially complete in December, 1988, with final completion in 1989 and the ordinance is dated March 30, 1990, and he should not be subject to changed stipulations. County Attorney Cuyler pointed out that the ordinance is clear that Mr. Davenport is arguably subject to it; and if he feels that he As not, based on vested rights, then he needs to go through the process to have that determination made. He assessed that although Mr. Davenport's infrastructure for the park was completed before the Implementation of this ordinance, the impact of the development on the water and sewer system were not complete. Commissioner Saunders disagreed that since Mr. Davenport was per- mitred for 103 units, the impact was established. County Attorney Cuyler suggested that before any motions are made he would like to prepare for the Board and Mr. Davenport, a written opinion explaining the concerns of the ordinance in question; and after reviewing this written report, then a determination can be made. Commissioner Saunders moved, seconded by Commissioner Volpe, to dir~ the County Attorney to provide a written report on the Implica- tions of granting the request by Mr. Davenpc~rt and a written analysis of the ~bJ~t ordinance to the Board and Mr. Davenport with the " Nay ?, 1991 ~ r~' ~id~i t~fore th~ n~rt public hearing on this Issue ~h/ch wtll-~ pl~ ~ ~e age~a in ~ Hr. Price spoke on behalf of Mr. Davenport and stated that this issue has become a matter of principle since Mr. Davenport has invested his life savings into the mobile home park and has complied with all the requirements of the County staff and now another obstacle has been placed on him after the completion of the park. Co~tsstoner Saunders concurred with the statements made by Mr. Price which were substantiated by a letter Commissioner Saunders received from Mr. John Connery tnd~cattng that the County staff ts not work~n~ to~ether and ts working against the developers. He agreed that ~h~s ts something that needs to be reviewed. He continued by sta~ng tha~ h~s position ~s to vote for the waiver for Mr. Davenport, but the process of ~ust~ftcatton not to provtde the walver through the Oo~ty Attorney's Office ~irst should be recognized. 0o~tsstoner Goodnight affirmed that Mr. Davenport has met the criteria placed on his PUD and does have a good mobile home park. She added that ~f the additional stipulations placed on Mr. Davenport before had not been imposed, he would have been able to rent all the lots sooner. ~ =~1~ for ~he ~eetton, the ~IO ~I~, O~E NO. 90-0~-04~50, NAPLES ~OR ~, LOT 4, BL~ ~ (~S~ RODRI~Z 00NS~UCTIQN~ .!NO.. } - WI~~ **' Co~ll~oner Goo~tght was no~ present at this time *** Mr. Rodrl~ez explained that ~he lot in question is not his lot. Compliance Services Manager Boyce advised that In June, 1990, the Co~ty identified a lot on the east side of 5317 Carlton Street kno~ as Lot 4, Block 10, Nap/es Manor Addition, in violation of the nust~ce ordtn~ce. He informed that belon~ to Ernesto Rodrt~ez Construction Company to whom a violation was sent on the 10~h of July, and the return receipt was signed by Erneato Rodrl~ez on ~he 16th of July. Page May ?, 1991 In response to Commissioner Volpe, Mr. Rodriguez confirmed that he owns Lot 4; however, after he received the letter from the County he checked his lot and found nothing on it. Commissioner Saunders suggested that Mr. Rodriguez and Mr. Boyce discuss together whether the lot in violation is Mr. Rodriguez' lot and return later in the day with their outcome. Mr. Boyce confirmed Commissioner Shanahan's question that the County spent $240.00 of public funds to remove the debris from Lot 4, Block ~0, Naples Manor. He advised that Mr. Rodriguez is being charged a fee of $240.00 and administrative fees of $200.00. Mr. Boyce affirmed that he would meet with Mr. Rodriguez and return later with their finpings. This item was brought back later in the meeting. L~ASE A(~EMKNT BETWEEN COLLIER ENTERPRISES REALTY GROUP, INC. AND COLLIER COUNT~ FOR GROWTH MANAGEMENT DEPARTMENT'S UTILIZATION OF OFFI~ SPACE LOCATED AT S0S0 NORTH HOaSESHOE DRIVE, SUITE 176 - COUNTY MANA~E~ DII~GT TO REANALYZE THESE NEEDS AND BRING FINDINGS BACK TO County Manager Dotrill informed that this item ls referred to in a letter received and provided to the Commissioners from Mr. Conroy who is reacting to a poorly written article noted in the newspaper which indicated that the Development Services Division was expanding and needed more office space. County Manager Dotrill explained that the newspaper was in error in that the lease agreement is for 2,000 square feet of office space for the Growth Management Department for a two year period at a rate of $1800 per month. Commissioner Shanahah requested that this item be removed from the consent agenda and discussed because of Mr. Conroy's letter and other public co~nents. He related that it needs to be clarified so there is no misunderstanding to the public alluding that the County government is expanding when it should be conservative. He recommended that there be a review as to the possibility of circumventing the lease for this space and expendlng the funds at this time. County Manager Dotrill requested two weeks to complete this assessment. Page 7 May ?, 1991 · ''. Cc~i~etoner Goodnight returned to the ~eettng '', Ce~A~n~r 8hanshah ~oved, seconded by Co~missioner Saunders and ~arrielm~antso~sl¥, that the County Manager reanalyze the necessity of leasing the office space located at 3050 N. Horseshoe Drive and to the necessity of expendtng 840,000 for furniture and -. x-epoz~ back to the Board in two weeks. In response to Commissioner Volpe's questions, County ManaGer Dotrill affirmed that he will report back on the comparison of leased space for the Utilities Department versus the Growth Management Department, and will provide other options if available. Iq~;M~TlOI ~. 91-371 ~~N~ ~ C0~ TO PAY ~ R0~ ~' ~ ~ ~A~ ~KS, P~S ~ ~TION~ ~ACILITXKS ~ ~, ~ING P~I~ING ~ES, ~ ~OVIDE FILL ~I~ FOR ~ 12 M, 24 B~ CON~GA~ C~ FACrLI~ ~ AS HOP~OOD TO BE D~ ~ ~~ CO~ CONC~D C~TI~S IN COLLIER Commissioner Volpe requested that this Item be removed from the consent agenda to discuss whether the subject development is con- sidered affordable housing within the definition of the ordinance. Housing & Urban Improvement Director Shreeve informed that this project is a congregate care facility being built by Collier County Concerned Citizens; and added that since this is not the same as a one bedroom unit, he is not sure how impact fees would be assessed on this type of facility other than what is presented in the Executive Summary. In response to Commissioner Volpe, County Attorney Cuyler con- curred that the subject request is stepping outside the ordinance; however, the project would have qualified for the waivers if the exemption applications had been submitted prior to the issuance of the building permit. Mr. Cu¥1er clarified further that the pro3ect does meet the criteria required for waivers of Impact fees, and the lszu- arises because of the timing of the application. He noted that the Board is legally within their rights to pass this issue as a resolu- tion. Page 8 May 7~ 199~ Mr. Shreeve disclosed that the people living at Hopewood will be required to pay 90% of their income for their living expenses; however, he noted that the majority of these people will be sub- sidtzed. He specified that the water and sewer impact fees were not ~mqueeted to be waived. In response to Commissioner Shanahan, Mr. Shreeve explained that the fiscal impact to the County fund is $10,856.70 and the fill material is being paid from the Community Development Block Grant. Commissioner Shanahah questioned whether it was ever implied or stated that the Board would waive the requested fees to which Commissioner Goodnight and Mr. Shreeve concurred that this implica- tion was made. Finance Director Yonkosky addressed Commissioner Volpe's question by stating that all funds required would be transferred from Fund 11! as currently presented, but suggested that Fund 113 be used for the building permit fee which would be consistent with the manner in which the other projects in Collier Village were handled. County Manager Dotrill expressed his concern regarding the use of the general fund; however, Commissioner Shanahah concurred that this pro~ect should be handled in the same way as the two previous Pocket of Poverty grant projects. John Keschl, taxpayer and concerned .citizen, spoke in opposition of the proposed action because he does not feel that his tax dollars should be used to subsidize non-citizens of the United States. He q~estioned whether there was a minimum and maximum income from social security that the people would receive to be eligible for this housing. Cliff Blauvelt, Vice President of Collier County Concerned Citizens and.Project Manager for Collier County Concerned Citizens, explained that they receive no money from the County, and their goal is to build a congregate facility for the elderly. He advised that the largest contribution to this pro3ect will be from private dona- May 7, 1991 tione not tax funds: and the only financial contribution from Collier County will be the $10,856 requested at this time. He informed that the people living at the planned facility will essentially be wards of the State who will receive room and board. In response to Commissioner Hasse, Mr. Blauvelt advised that the only reqlltrement by the Pocket of Poverty Funds is that at least 50% of the people living at Hopewood must be retired farm workers. He related that citizenship is not a requirement. Mr. Keschl suggested that the Collier County Concerned Citizens provide the approximately $10,000 requested; but if the taxpayer's money is to be Involved then the people benefiting should be made to pay more and should be citizens of the United States. Fred Thomas recommended that the Board adopt the proposed resolu- tion. ~i~ S~unders moved, seconded hSf Couission~r Shanahan and C~ZTied unanimously, that Resolution No. 91-37! be adopted with the mppz~r~mte h~t ~ndmente prepared and that reimbursement of funds h~ ~ ~nce · revmnue funding source has been established for this Page May 7, 1991 ee~]tee~ 10:45 A.M. - Reconvened: 10:55 A.M. at which ~:~,tA~e~WClerk Ouevtn replaced Deputy Clerk Arrtght ~~ ~[CC~I:"I~D, BID ~0-1639 ~CTgD ~ ~FI~ ~NIN~ Bob Fahey, Solid Waste Director, stated the purpose of th~s ls to p~esent the Board with a report and seek direction with regard to what extent to proceed with landfill mlnlng and the reclamation p~ocess, whether to do it in-house or by contract, along with an eco- nomlc ~alysls.' He su~amlzed the report whlch evaluates five dif- ferent cases fo~ the Board to consider and the financial implications of each. He tndlcated that Staff plans, if the work ~s to be done in- house, to be operating at a rate that provides the amount of cove~ dl~t necessary for dally operations, and each year the productlon rate wlll be lncreased ~o assu~e sufficient cove~ dlrt is made. He added each yea~, if the materials are ~eclalmed, the amount of recovered mm~e~lals that a~e sold wlll be increased. He lndtcated the plan will p~ovlde a p~og~esston where the p~oductton rate wlll match the tonnage of waste that must be burled. Co~lsslone~ Hasse asked if Collte~ County will be able to reach State ~e~t~ements with Staff's plan of actlon? M~. Fahey indicated that Staff e~ects to meet the refinements by 1994 or 1995. Co~tsslone~ Hasse asked for an explanation of why the net gain d~ops considerably in Case ~5 as opposed to Case ~4. M~. Fahey explalned the~e are currently very few opportunities to recycle plastics, whlch constitute a large percentage of realdues. He said once Cells 1, 2, 3 and 4 are mined, It will ~equt~e approximately six ac~es o~ llned cells 3ust to ~ebury the plastics. He noted he has ~ecently been In contact with someone in the plastics recycling busi- ness who has been awarded a State g~ant of $75,000. He said he e~ects to come before the Board in the near future with a request to dlscuss a contract with thls lndlvtdual to provide Colller County with a plastics ~ecycllng faclllty, where plastics will be taken directly as they a~e mlned and form a new p~oduct f~om them. 19 Page 11 May ?, 1991 In response to Commissioner Shanahan, Mr. Fahey cautioned that the State does not recognize, at this point in time, this process of land- fill mining as q~alifying to meet the State mandated 30% recycling goal, however, he hopes that will change in the near future. Commissioner Volpe questioned what the life expectancy is of the mining operation? Mr. Fahey replied it is anticipated over the next ten years that Cells 1, 2, 3 and 4 will be mined out and the material will be used for cover In the mined cells. In answer to Commissioner Volpe, Mr. Fahey indicated this plan is a five-year program, however, there are enough resources at the Naples landfill to last ten years. Coauntssioner Shanahan commented for an expenditure of $1,514,000, Collier County will gain over a five-year period $1,300,000, to which Mr. Fahey concurred. Mr. Fahey continued, indicating a net gain of $7.8 million for the County to perform the work in-house as opposed to the low bid costing $I.? million and the high bid proposal of $17.5 million. He mentioned that perhaps the bid was not sufficiently clear to identify the objec- tives, giving reason for such a diversity in the bids. Bill Lorenz, Environmental Services Administrator, stated the landfill mining proposals analysis is fairly complicated and Staff attempted to incorporate three objectives, 1) whether the landfill mining program should be continued, taking Into consideration the uncertainties in the analysis in terms of risk/reward positions; 2) to what degree to start; and 3) to determine whether the work should be done in-house or by a contractual firm. He said because the three bids received contained different types of evaluations, Staff looked at the cost of producing cover dirt as a net present worth cost, since that is the most certain information. He said based upon both absolute numbers and the present worth analysis, Staff believes the two conclusions converge. Commissioner Saunders communicated his concern with whether Collier County has a viable solid waste plan that incorporates all the Page 12 Hay 7, 1991 possibilities for recycling so that all pieces are working together, or is Staff saying landfill mining is a good idea to pursue, but within the next few years, the County may be looking at a materials reclamation facility which may be Inconsistent with that. He also questioned whether the government in Collier County should be involved in reclamation, or should a private concern who knows the market and is involved in that business be handling Mr. Lorenz remarked that the master plan adopted in August, 1989, recommended a landfill based, integrated strategy for final disposal. He said landfill mining was looked at, not as reliance upon landfill mining to give added capacity, rather it was recognized if the County As able to do landfill mining, the costs would be reduced. He stated this analysls fits into the master plan in the sense that a landfill mining program is being evaluated to reduce operating and long term costs in providing lined cell capacity. In answer to Commlsstoner Volpe, Mr. Lorenz stated the cost using the lowest bidder is $2.55 per ton compared to utilizing County opera- tions at $1.73 per ton, or a 50% difference. Responding to a question raised by Commissioner Shanahan, Mr. Fahey indicated his belief that Collier County is as experienced in the recycling industry as anyone, and with the assistance of the University of South Florida and the equipment suppliers, Staff will provide something that is equally as capable as anything that can be provided in the public sector. Commissioner Shanahan mentioned the main investment Is $1 million in equipment. He inquired if the equipment can be utilized if the program falls? Mr. Fahey advised with the exception of the specially made trommel, the equipment is standard for use in a quarry with slight modifications and is readily adaptable back to Its original intent. He explained the trommel Staff is seeking will be larger and more durable, therefore, must be a custom-made piece of equipment. Commissioner Saunders reiterated his concern that the County is not in the recycling business to the extent of designing special 21 Page ~ "'~ pieces of equipment. May 7, 1991 Commissioner Volpe questioned whether there is enough information based on 12 months of experience at the landfill to commit significant s~lms of money in the next phase for a process which is experimental? Mr. Fahey indicated he supports without reservation the proposed five- year commitment to this plan. County Manager Dotrill reminded the Board that Staff~s recommen- dation is only to conceptually determine this plan, and they are not asking to commit to a budget. He said research and specifications will be prepared under a separate agreement with the University of South Florida, adding the Board will have the opportunity to see the bid, budget and award phases over the next six months. Mr. Fahey mentioned Collier County has been selected as a grant recipient by the EPA from Cincinnati for their municipal solid waste Innovative technologies evaluation program. He explained rather than the County receiving a grant, a third party will be selected to eva- luate this process over a one-year period. He suggested that EPA's interest in this program warrants some consideration. Fred Tarrant, representing the Taxpayers Action Group of Collier Goullty, said his group is in favor of smaller government, not larger. He suggested that this program should be privately run while being overseen and administered by County Staff. Gharlotte Westman, representing the League of Women Voters of Oollter County, suggested that the package be put back out to bid to more clearly state what is being bid on. She also mentioned concern with the possibility of mining hazardous waste. Mr. Lorenz advised that, given the demographics of Collier County, Staff does not expect to find extensive deposits of hazardous wastes, however, there must be a contingency plan to deal with any deposits that may be discovered. Gary Rogers, President of C.R.D. Systems, indicated his company was the high bidder. He noted problems encountered in analyzing the bid, adding that after several meetings with Staff, his company has / 000I~j'5[ 22 Page 14 not received satisfactory answers. He also mentioned that his company was the only respondent to complete the entire bid, which is the reason for the large difference In the bids received. He stated his belief that the pro3ect should be rebtd to give the private sector a more definitive RFP to respond to. George Keller, President of the Collier County Civic Federation, agreed that whether the work is done by the County or by a private company, new bids should be considered. Commissioner Saunders suggested that the Board direct Staff to develop a mechanism for receiving input from individuals and cor- porations Involved in recycling and materials reclamation facilities (MRF)-on how to maximize Collier County's recycling opportunities. Commissioner Volpe inquired if an overview of implementation of the solid waste master plan, Including a MRF, is available? Mr. Fahey indicated the Board will be reviewing at the next meeting a request for approval of a contract with Post, Buckley, Schuh & Jernlgan whose scope of work will include a MRF. He explained this issue is one ele- ment of the integrated solid waste plan that is intended to maximize recycling. He added Post, Buckley, Schuh & Jerntgan will assist the County in development of the master plan to minimize the amount of material at the landfill as well as the space that must be acquired to dispose of the material. ~~tOn~z' Shmnmhan a~ved, seconded by Co~miseioner Smunders ~d c~i~ ~i~ly, to reject the three bids received, to concep- ~ ~ t~t l~dflll mining has ~ture ~tenttal, ~t the l~;~ ~, ~ckl~, Sc~ a Jemig~ should ~ ~ed, ~d ~ ~ ~ CO~ ~H IC~, ~ILL, C~LIS, TI~, ~ ~, ~.~., ~ DR. ROBOT ~ZLZ~ TO B~CO~ S~O~CTOR Co~sstoner Shanahah stated h~s ~elief that Colller County's ord~n~ces do not adequately address Subdivision Re~ulatlons, and ~ay 7, 1991 suggested that a program be developed to address those issues that put the Board in a constant position of negotiation for each situation. He mentioned the need for specific ground rules and regulations, adding that the private sector agrees and is willing to allocate funds to assist the County in this endeavor. Mark Lawson, Assistant County Attorney, communicated that Staff has explored this concept with the development community during several meetings over the past year. He informed the Board of an attorney in the subdivision field for approximately 20 years, Dr. Robert Freilich, who is the foremost expert in subdivision work in the country. He advised since Dr. Freilich's fees are very high and Collier County does not have sufficient funds available, Attorney Jack Brugger has elicited the help of some of his clients in the develop- ment community in raising money to help pay those fees. He specified Dr. Freilich's expenses are a lump sum of $20,000 and Mr. Brugger has raised $10,000. He stated the consultant working on the Unified Land Development Code (ULDC) recognizes Dr. Fretlich as the foremost expert in this field and has agreed to work with him. He added the County Attorney's Office is in support of directing Staff to execute a change order in the Icard, Merrill, Cullis, Ttmm, Furen and Ginsberg, P.A., contract concerning the ULDC to have Dr. Frelltch address the specific area of Subdivision Regulations. He stated that Dr. Freilich is com- mitted to providing an Interim solution within 30 days and a permanent solution to be integrated into the ULDC in 60 days. In answer to Commissioner Volpe, Mr. Lawson stated that Icard, Merrill, Gullis, Ttmm, Furen and Ginsberg, P.A., have indicated they want to do what is best for Collier County and are amenable to a cer- tain amount of deduction from their contract to the extent that Dr. Fretltch would be duplicating their services. County Attorney Guylet advised that he has spoken with Mr. Merrill regarding a deduction of approximately $5,000 from their contract. Attorney Jack Brugger commented this issue has been a problem for many years in Collier County. He stated that over the past year, May ?, 1991 there have been countless meetings with Staff regarding what is a sub- division. He said under the current regulations, creating a con- dominium is considered a subdivision, which causes enormous problems in construction and planning. He added that he has attended almost ever~ meeting of the ULDC Committee as well as the subcommittee meetings, and there is no answer in sight to this problem. He stated this needs to be incorporated into the modifications to the ULDC regu- lations as they are developed, and his clients are willing to sub- sldizs Dr. Freilich's fees to do so. In response to Commissioner Volpe, Attorney Brugger indicated his understanding that Dr. Freilich will be working for Collier County and not for him or his clients. .~ Sh~ ~:~wd, ~econded !~ Co~tesioner Haese, to ~ S~f to ~te a c~ order to the contract with Ic~d, ~1, ~1tim, Tie, ~ren ~d ~tns~rg, P.A., for Dr. Ro~rt ~t~ to ~ a n~ontractor, provided 810,000 Is first de~slted wt~ ~ ~ ~ prtute ~elo~nt Interests. Co~tsstoner Volpe asked for clarification, that the fee is an ~ount not to exceed $20,000, to which Commissioner Shanaban con- ~rred. ~ call for the ~tton, the ~otton c~rrted Co~ty Attorney Cuyler thanked Messrs. Brugger and Grant for the ttae they have put into this issue. Page 17 May 7, 199! C.q~'!~. ~O-O7-04750, PUBLIC NUISANCZ LOT 4, BLOCK 10, N~PLZS I~NOR &l~l~--(~ ~;~YI~..GU~Z CONSTRUCTION,.INC.) - H'ITHDRAWN Heyward Boyce, Compliance Services, reported that at the Board's direction this date, he has met with Mr. Rodriguez who has agreed to withdraw his public petition and pay all costs. l~T~ %1-S72 ~RGIN~ CON~$S TO ACT TO ADDRKSS CERTAIN CONCERN~ ~~-~~ TRANSPORTATION ACT OF 199! EXPIRES ON $~EMBER 30, Commt$s~o~er ~oodnigh~ asked the Board to consider adopting a resolution similar to that of Ptnellas County with regard to the con- cerns with the Federal Highway Network Program. She said Collier County will be affected by reductions in any type of federal transportation programs, i.e., 1-75 interchanges, the Marco Island brtdge project. ~$~u~$~e~ ~ ~ovm~!, seconded b~ Contssioner Hasee mn~ 1~ ~~ wlTh the ~s~tion of P~nell~ Co~ r~dlng pro- ~:~1-l~lm~lon t~tl~ t~ S~face Tr~rtatt~ Act of ~,~.,~~~~g R~olu~ton 91-372. Page 18 co~D~ Cm~TZ,ZCATES O~ OCCUPANCY ~.A~'ED ~OR 90 ~ ~SZD O~ ~~ ~ I~ZOR O~ P~TZ~LY CO~LE~ ~QUZ~D ~S~ ~~S ~R COL~Z~ VZLLAGE/COLLZ~ CO~ F~a~ B~u~t, Communt~ Developmen~ Se~vtce~ e~latned tha~ people need ~o be moved tn~o Collte~ disciplined pro~ec~ in I~okalee, by a certain timeline. He said because Collier Village Is a multi-d~sc~pl~ned type of operation, the Co~y needs to ensure the final SDP inspections on the individual ~its are performed. He noted Staff believes they can work out the de~alls, however, the Board needs to be knowledgeable of the factors ~n th~s case. Co~ss~one~ Goodn~ght communicated that the s~te development fo~ M~. F~ed Thomas' pa~t of the p~o3ect ~s completed, however the ~est of ~he Co~y Development Block G~an~ inf~ast~uctu~e ~s not f~nished. In answem ~o Commlss~one~ Hasse, M~. B~utt ~nfo~med that in most cases, Staff does not ~elease Cemtif~cates of Occupancy untll all of ~he work ~s done. In th~s case, he sa~d, Staff can work a~ound that ~e~ement w~th the Board's approval. Jo~ Mada3ewsk~, P~o3ect Review Services Manage~, cla~fied that ~he ~ssue ~s Coll~e~ County's subd~vls~on regulations ~equl~e ~he Board ~o g~ a preliminary acceptance of facilities. He said th~s ~s a very special case and no one ~n the publlc will be ln3ured by ~he action ~e~es~ed, which w~11 allow M~. Thomas to satisfy h~ com- mitments to the federal government on h~s Housing Authority Grants and ~he Block G~t, through a satisfactory f~nal ~nspect~on of pa~tially completed ~nf~astmucture to support his p~o3ect. He ~eques~ed that ~he Board ~ake special consideration to allow Cert~flcates of Oc~p~cy fo~ ~h~s po~t~on of the pro3ect, conditioned upon a 90-day ~mef~e fo~ Coll~e~ Village to be completed. Ply ?. 1991 required ~u~dlvtoton l~q~rovemen~e for Collier County Housing Authority. · ~O~ION 91-373 SUBMITTING THE NAMES OF PAUL MIDNEY, JOSK M. LOZANO, J~., ~ AL~EN, JOSEPH MATTHEW~, J~., DAVID KNTING AND MARIE THE~SA~ TO TH~ GOVERNOR FOR THE APPOINTmeNT OF FOU~ MEMBERS TO T~H IM~OF~kT~ WATER AND SEWE~ DISTRICT BOA~D OF COMMISSIONERS - Commissioner GoodniGht provided the Board with background regarding candidates for four vacancies on the Immokalee Water and Sewer District Board of Commissioners. In answer to Commissioner Hasse, Commissioner Goodnight responded that the applicants' names were submitted by a group of concerned citizens in Immokalee. She said all six candidates are United States citizens, however, she does not feel that the Board of County Commissioners should research the candidates for further State requirements, since Collier County has little or no control over this Board. She suggested that the Board inform the Governor of the facts regarding the applicants and let him decide on the appointments. ~t~e~ez' ~r~ ~v~d, ~econded by Co~ai~l~oner Volpe ~d ~~ ~lY, to ~dopt R~olutton 91-373 ~itting the ~e ~ ~ ~, J~ M. Loz~o, Jr., ~helta Allen, Josh ~tth~, JF.,=~ ~ ~ ~e ~re~ W~tch~er to the ~or for t~ Page 20 May 7, 199! *~, -Ile~m~m4: ~2:5o P.H. - Reconvened: 2:00 P.H. at which time Delmzt~ CZerk Fm,t'x-im repZmcmd Deputy C~e~k ~n ~ ~ ~~, 1991 ~ ~R~ - ~S~D ~ &~OR~D B~E~ ~ ~ ~ O~ OF O~TING ACCO~S ~ I~O ~S~S County Manager Dorrlll remarked that overall the trend of local revenues remains on par and constant generally with expectations with the exception of state shared revenues (which are do~), reco~lzing a ~eneral slow do~ in the economy statewide. In referring to ArtacCent I of the Executive Summary, he commented that statewide revenues are off approximately 9.5~ ($2.7 million). He stated the hiring freeze was instituted in response to this situation and was to be maintained ~tween ceilings of 45 and 65 positions. He reported that the hiring freeze to-date has saved $800,400 (approximately $7600 per day). In sugary of the County General Fund, he said that the ~rrent estimated shortfall is approximately 1.6 million dollars (or 2.4~ of revenues within the General Fund). He confirmed that the higher than e~ected carry forward (fund balance) at the beginning of this year wall offset that reduction in revenues. He stated that the state shared revenues (primarily the sales t~ revenues) are do~ slightly, but not enough to consider alarming. He reported that of the ~.8 million dollars in the General Fund Reserve on 10/1/91, the Board authorized $375,000 out of the reserve fund during the first six months, ~d ~ additional $493,600 tentatively authorized just in the past month. He recommended establishing and maintaining a $3,000,000 reserve for contingency fund for the balance of the year. In response to Co~lssioner Volpe, Finance Director Yonkosky stated that ~s approximately $1,900,000 less than the previous year. Co~ty M~aGer Dotrill reported receiving no recommendations from ~y of the constAtutional officers, adding that several constitutional b~d~ets seem to be spending at an accelerated rate. He stated that there may be a legal ~estion as to whether the Board of County Oo~issioners c~ actually consider amended budgets of constitut~onal officers to reduce the monthly proportionate amount of funds that are 39 Page 21 May 7, 1991 sent.to constitutional officers. He added that constitutional offi- cers spend 60X of the General Fund and, to-date, they have proposed zero budget reductions or cost saving measures. County Manager Dotrill furnished the Board of County Commissioners with a handout alleged to contain the non-ad valorem figures (copy of said handout not furnished the Clerk to the Board) and displayed a flip chart on same. He indicated they are projecting that this fund will be approximately 1.4 million dollars short by the end of the year. He related that this is a combination of Fund 313 (capital road construc- tion fund) and Fund lO! (road and bridge maintenance activity fund). He remarked that the hiring freeze activity relating to this fund has saved $140,000. He expressed his opinion that the Community Development Fund currently is in the worst financial condition with respect to available revenues. He projected that revenues within the Co~r~nlty Development Fund 113 are going to be approximately 1.8 million dollars under budget for the current fiscal year. He indi- cated he is contemplating a 10~ reduction of force in this fund (without the loss of any employee's Job) by utilizing the current number of high vacancies authorized to be filled in Utilities, Environmental Science, Pollution Control, Transportation and Road Construction Departments and proposing transfers of employees into those positions. In answer to Commissioner Volpe, County Manager Dotrill replied that is approximately 13 people. In answer to Commlssloner Saunders, County Manager Dotrill stated that, in an attempt to cut $600,000 out of the existing Community Development Fund 113 budget, it is suggested that this divi- sion go to a work week shortened by 30 minutes per day. He added this would be an alternative to layoffs or cancelling all pay-for- performance adjustments for the next twelve months. County Manager Dorrlll indicated that 1990 was a record year for fees, revenues, and units ~ermitted. He recommended that the Board of County Commissioners: 1) recognize and authorize budget amendments to be pre- ' : Hay 7, 1991 pared totalling $800,400; 2) recognize the $800,000 in savings to-date from the hiring freeze and move that into restricted reserve accounts; 3) acknowledge and approve those proposed cuts and budget amendments to move an additional $600,000 and maintain $600,000 cuts from the Community Development Fund; authorize and maintain the current County Manager hiring freeze at the previously established levels of 45-65 (saving approximately $7600 per day); and to direct the County Manager to return at the end of the third quarter with projects going into the final quarter of the year as well as additional expenditure saving measures which might be necessary. In addition, County Manager. Dotrill recommended the Board of County Commissioners discuss and con- sider some type of interim policy restricting the further use of county General Fund contingency reserves and to attempt to determine and consider the participation of all the constitutional officer budgets, as they relate to 60~ of expenditures of the General Fund. In answer to Commissioner Hasse, County Manager Dotrill stated he has not been authorized to approach the constitutional officers with his proposal. In response to Commissioner Volpe, County Manager Dotrill replied that all equipment expenditures have been deferred with the exception of some road and bridge pieces, and added that the deferral program will continue through the third quarter. Oommissioner Saunders voiced his opinion that all county govern- ment employees should be treated equally and that it would not be fair to reduce the work week of those in Community Development Services alone in an attempt to address the shortfall in that fund. He suggested that perhaps the solution would be to increase the movement of people from Community Development Services to other departments in order to avoid shortening their work week. He suggested expanding the h~ring freeze to perhaps 80 or 85 for the balance of the year as an alternative to singling out those certain employees In Community Development Services. :Oounty Manager Dotrill replied that he is proposing to move about May 7, 1991 lO~ Of the employees. He added it would be difficult to move ~ore than that percentage without going below the current hiring freeze threshold. Commiss~oner Saunders countered that for each person moved a position is opened up and, thus, does not affect the number of vacant positions. He stated that the ability to cut back on the work week ~ndicates to him there are more employees in the given department than there are things to do. County Manager Domrill indicated that the amount of money to be saved by the 30 minute per day reduction to the work week is $100,000. Commissioner Saunders suggested trying his alternative first and, ~f ~t does not generate enough savings, it would be necessary to cut an hour a day off the work week as the end of the year approaches. Commiss~oner Shanahan related that one of the major areas of cri- t~¢~sm received is in Development Services, and he suggested looking very carefully at Commissioner Saunders' suggestion. As an alter- native to that, he recommended expanding the hiring freeze as well as deferral of purchases of heavy equipment. He suggested each depart- ment head offer a plan to reduce spending in his/her department. Commissioner Saunders indicated he had talked with all the const~tutional off,cars (but without benefit of specific recommen- dations regarding cost reduction) and all seemed receptive to attempting to work with the County to alleviate the situation. He suggested the Gount¥ Manager meet with the constitutional officers in an attempt to develop specific criteria to meet the objective of pro- duct~v~t¥ and cost reduction. Gomm~ssioner Shanahan volunteered to accompany County Manager Dorr~ll in meeting with the constitutional officers regarding this ~tter. He added that it may become necessary, as a last resort, to freeze any additional spending whatsoever. Gounty Manager Domrill stated that, if impact revenues are down, than ~owth to the community is down and, in turn, levels of service are not being eroded as quickly. I 0~01~,%£ 42 Page 24 May 7, 1991 In response to concerns expressed by Commissioner Volpe, County Manager Dorrill stated that the only impact fee related project authorized since Christmas was the central library, for which there was a combination of funding sources. He indicated that, to his knowledge, there are no other capital improvement projects antici- pated to be authorized for which work wall commence prior to the end of the year. Commissioner Saunders reiterated his feelings that all county employees should be treated equally. C~saimt~a~r Saunders ~oved, seconded by Co~atsmloner Shanahen amd ~ax-ried~l¥, to surest that County Nanager Dorrill ~ove m ~pe~ple as n~cessary froa the Con.unity Melop~ent Division to other cur~ntlyunftlled positions in the County in an attempt to ell- ~tnat~ th~ shortfalls in the Comity Developsent Division; that, if l~-~ee~a~y, th~ i~ of a shortened ~ork ~eek will be addressed at a fu~ ~tin~; that County Nanager Dotrill be instructed to ~t~ate in~A-~stng the htrtn~ freeze froa the current level of lab is to be ~aintatnad as a atnt~u~ level, keeping in atnd it Is ~ ~t~u~ to ~ openings in areas directly related to public h~althi ~fety, a~d~lfare such as e~rgency ~dtcal services, nor Is it ~t~ t~ ice the ability to open up water and mee~r plants; a~dthat Cou~ty~a~er Dotrill return in a fe~waek~ to report the · ~lt~ of ~ directdye; to incorporate staff's recommendations ~el~ t~ authorization of budget amendments to ~ove funds out of ~per~t~ ~cem~ts and into reserves. ~ion~r Saunders ~oved, seconded by Coatsstoner Shanahen ~nd caz~ie~ un~ni~usly, to direct County Nanager Dotrill to provide l~e ~ of Couxlty Coolsstoners with ~utdance to ensure that there Is ~T~i¢le~t x~rves for conttnpency. Oe~i~t~ Hesse ~ved, seconded by Coolsstoner Saunders and c~-~uo~mil~m~ly, that Cowaissioner Shanahen act as the ~ti~ a~d acco~pmmy County Nana~er Dorrill in ~eeting~ with ~ ~ttuttom~l officers in an attempt to address ~ to elinthate M~F ?, 199! Clerk of Oourts Giles reported that the constitutional officers meet monthly, that County Manager Dotrill attends their meetings, and that a meeting is scheduled for tomorrow (5/8/91) at 8:30 A.M. He expressed his desire to have Commissioner Shanahan attend that meeting, to which Commissioner Shanahah agreed. Page 26 May 7, 1991 ~ .~-~ ~TAT~F~ OF N~(FI~ATION~ WITH ~ ~TI~ ~IOL~S - Oo~ty M~ager Dotrill reported that three issues previously remaln unresolved from the County's perspective concerning the new site which are: 1) lack of parking; 2) reduction in park space available for the public soccer f~elds and little lea~e fields; and S) ~he length ~d cost of the road and entrance driveway to access the facility parcel. He stated that the Or~oles officials anticipated being at today's meeting to provide updated information regarding the status of their negotiations with Florida Rock, but are apparently mak/n~ enough pro~ress that they will instead meet tomorrow with County Manager Dotrill. He acknowledged having seen and approved a baslc conceptual site plan increasing county parking facility for the stadl~ to ~,000 spaces, and an increase ~n the size of the county recreational complex to include 6 soccer fields, 6 tennis courts, and S lAttle lea~e softball type fields. He indicated the cost iden- tified for a 4-lane d~vlded entrance road and necessary improvements to I~okalee Road and S.R. 951 at the intersection are approximately three million dollars, which this project budget cannot absorb. In ~er to Commissioner Volpe, County Manager Dotrill stated that ~alysts with respect to the comprehensive plan and current zonAn~ re~lations is beln~ done by Mr. Blanchard's and/or Mr. Ba~lnskt's staff. In response to Commlssioner Goodnight, County Manager Dorrlll advlsed that the current excavated lake at the rock pit is Just out- side the urban development line. He added ~hat, in exchange for the 110 acres to be provided for the project, Florida Rock has asked the Co~t~ to allow residential development around the perimeter of the finished lake consistent with the current comprehensive plan, adding that in order to do so would req~ire a Comprehensive Plan Amendment. Co~ty M~ager Dotrill suggested that, once an agreement is reached, the best way to proceed wo~!~'~e as a combined project with a May 7, 1991 consolidated petition with some type of development agreement as to how and when the land would be conveyed to the county. He indicated he is more optimistic about the Baltimore Orioles coming to Collier County than he has been since USF&G withdrew itself prior to the holi- days. He stated the current projected time frame for spring baseball to be in Collier County Indicates that 1993 is a more reasonable and legitimate date. In answer to Commissioner Volpe, County Manager Dorrtll Indicated ::~ that isaues from the business and land use relationship need to be agreed upon within six months or the 1993 time frame will be for- feited, and that the 4-1/2 million dollar estimate for Tourist Tax collections is a good one. County Manager Dorrlll reported that the lawsuits and appeals at the District Court level are scheduled to be heard in September. In response to Commissioner Saunders, County Attorney Cuyler · replied that he does not believe that an oral argument was yet sche- .: duled but that a Reply Brief will be due within the next ten days or so and an oral argument will be scheduled immediately afterward. County Manager Dotrill said he will keep the Board of County Commissioners apprised of developments. Commissioner Saunders stated that the Commission has insisted on there-being no pledge of other revenues for the debt service other ',' than the 1¢ Tourist Tax and that the lease payments from the team be sufficient to cover all operating maintenance and depreciation cost of the facility. -:Regarding the revenues, Commissioner Shanahah added that a guarantee was requested from the ball club that, in case of a short- ' fall. in revenue, they would, In fact, make it up. County Manager Dotrill reflected that the Board of County Commissioners has previously adopted a Resolution to that effect. Commissioner Shanaban expounded that Collier County has a turnk.y operation at absolutely no cost to the taxpayers on maintenance and May 7, 1991 shortfall in revenue, and does not anticipate paying for any of the Infrastructure other than as it relates to the county's park. .George Keller, President of Collier County Civic Federation, expressed happiness that the Board of County Commissioners teenforced that the taxpayers will not be charged. In response to Mr. Keller, Commissioner Shanahah stated that the Intent Is to have the loan over the period of the lease from the ball club. County Manager Dotrill clarified it will be for 25 years. Finance Director Yonkosky stated that approval by the Board of County Coulsstoners of the Resolution to go to validation approved more than 1¢ to fund debt service. He explained that they can change it whenever they want to but approval of that Resolution approved ~-~/2¢. Co~untsstoner Saunders indicated he is not concerned about the Resolution as the Board of County Commissioners has not made any com- mitments to go beyond the 1¢, and will not do so. In response to Commissioner Volpe's question regarding bond vai1- datAon, Finance Director Yonkosky replied that the Resolution that the Board of County Commissioners approved for validation was 1-1/20 Assistant County Manager McLemore related that the 1/2¢ is for capacity test and that it is built into the arrangements restricting it to capacity test only and any shortfalls in revenue will still go back to the guarantor. County Manager Dotrill added that only the 1¢ can be pledged to meet the principal amount of the bonds to be sold and that continues to be the 15 million dollar figure used all along. Comlmtssioner Saunders pointed out that, regardless of what is validated in terms of what has been sent to the Circuit Court, the validation recognizes the legal authority to issue bonds for a project and does not require there to be a statement as to how much th¢~e .bonds will ultimately be, but it cannot be more than what is validated. He added that what counts is what the Board of County Commissioners Page 29 May 7, 199! does when the project is brought back to them, and the statement has been made they will not go beyond the 1¢. He added that, if there needs to be a backup pledge, the Board of County Commissioners has said they will consider the 1/2¢, but he suggested the Commission pro- babl¥ would not do that. He said the Board of County Commissioners will probably pledge the 1¢ and, if that is not enough, the team is going to have to have a guarantee also to back up the bonds. He added that the validation proceeding does not mean anything at this point. County Manager Dotrill stated that the size and the pricing of the bond issue has remained with only 1¢ pledged towards the principal amount, which is estimated at 15 million dollars. In answer to Commissioner Volpe, County Manager Dotrill said that the 1/2¢ is only to meet any necessary bond reserve requirements as they re/ate to debt service. Commissioner Volpe concurred with what has been said, what is being said, and what has continually been said, but voiced reser- vations concerning the guarantor, who it will be, and what it will be. He questioned whether the County has a viable project. County Manager Dotrill said they did not know and will not know 1/ntil the other parties come to terms with how much land can be con- veyed to the County free, what reasonable land uses are being asked in return for the balance of their property, and what the management agreement will look like for the stadium place. ,~ ~tJLf~,-~ ~ i~ infor~tion~l purposes, no action w~s t~ken. ]~!-~ ~ I~ THE T~X COLLKCTOR I~R T~J[ D~D aI~ITIO~ ON ~ 1~,, 108[,-1986, 1987, ~ 1988 CO~ T~ C~IFICA~ - County Attorney Cuyler gave a synopsis of the contents of the Executive Summary. He stated there is a total of 1,128 parcels, 847 of which have an assessed value of $500 or more. He indicated it is a statutory requirement that a notice to proceed be given to proceed on the 847 parcels. He added that the remaining 281 parcels are assessed at less than $500 each and that it is discretionary under the Hay 7, 1991 law as to whether the Board of County Commissioners has to take those or not, but it appears that they are in areas that will be sold. He stated that, under the fiscal impact, the costs are significant in taking these items, even though they are statutorily required. He added that the County has to put up the cost for title searches and clerkts cost as it goes through the process. He reported the total fiscal impact of taking all the parcels is $293,280, and the 847 par- cels (minus less than $500) is $220,220. He stated the General Fund Reserve has been identified as the appropriate budgetary fund, as all costs are recovered and will be put back into that fund. In response to Commissioner Volpe, Finance Director Yonkosky stated the costs will be recovered by mid-year of next year. In answer to Commissioner Shanahah regarding loss of interest, Finance Director Yonkosky stated that the fund that borrows the money will.pay It back with interest, per approval of a plan to do so by the Board of County Commissioners. County Attorney Cuyler Indicated that, as a part of this process, what is recovered of the tax certificates representing unpaid taxes, are the taxes, the cost expended out of the General Fund to go through the process, and any applicable interest assessed, which is usually 18~. ~ui~ Shanahen ~ov~d, seconded by Commissioner !tasse, to f~nott=e to proceed to the tax collector for tax deed lppltc&- tt~n~ fer~ 1984, 1985, 1986, 1987, and 1988 which are 847 l~mrcels · h~t ~a~e ~ values of 8500 or more. County Attorney Cuyler reminded the Board of County Commissioners that the total number of parcels is 1,128, but that they can exercise their discretion to go down to the 847 if they wish. ~~ ~ ~mended his ~otton to forward l~otice to ~.to tlmm ta collector for tax deed applications for all 1,128 ~~,.m~t~ me=ended by Commissioner Hesse, ~nd carried .~nmnl- Nay 7, 1991 IqTm~ ~ so~ ~mm l~s~m~s FOa oxeoI~c~ Rm~OVATIONS TO Lieutenant Byron Tomltnson read the Executive Summary dated April 30, 1991 . ~ ~,.~t ef ~103.200 for c~tinuing ~ ,~ ~t~ ~~ly, - - ~t ~ ~ a~r~d ~d/or a~pt~: *** ~~ON 91--368, ~ING FINE ACCK~CE 0F ~ ROSY, D~INAGK, ~~ AT ~ ~ C0~Y CL~ See Pages ~-~ ~A~J~ OF ~itTER AND SEWER FACILITIES FOR PINNACLE COV~ 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, and; Bacteriological testing has met the County's requirements, and; 3. 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. 0K BOOK ~ PACES /&_~ '- /~&? lt~-~16A3 91-369, GRANTING PRELIMINARY ACCEPTANCE OF THE ROADWAY, ~ATEI~, AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF COVg" -ITITH STIPULATIONS Accept the Construction and Maintenance and Escrow Agreement (posted with the Clerk) as security for maintenance of the infrastructure until the Board of County Commissioners grants final acceptance of all improvements. 2e Preliminary acceptance of improvements will not become effec- tive until water and sewer facilities have been conveyed to Collier County Water-Sewer District. SeePages -FINA~.~ OF '~Z~T~TXC PIN~S 0FWILLOUGHBY" That the final plat not be recorded until the required impro- vements have been constructed and accepted or until approved Page 32 May 7, 1991 security is received for the incompleted improvements and that construction shall be completed within 36 months of the date of this approval. Authorize the Chairman to execute the Construction and Maintenance Agreement. recorded. That no building permits be issued until the final plat is ~XIIATI~ OF UTILITY INTERESTS AGREEMENT BETWEEN ~D ~0~ ~ ~~ ~ ~TI~ T0 ~T C~TAIN ~~ ~D ~ ~I~ ~I~ ~ ~~ BEING C0~D TO COLLI~ C0~ OIL ~~ AT ~ SO~ C0~ 0F AI~RT R0~ ~ ~I0 See Pages ~;~ ~ ~ / See Pages 7~. - '~Z/' ~]IIq~T~TOTRANSFKR $6,300 FROM TH~ PUBLIC SERVICES DMSION J~:{~t~--~O~'~ BOI)G~ T~) SPECIAL Iq~VENUE FUND 198, IN ORD~I~ TO FULLY l~!MD .~ ~ ~CIAN POSITION Iteu~16D1 MOTIG'I OF P~ TO PAY AND AGREEMENT TO EXTEND PAYM"ENT OF SEMER X~t'aCTFSZ ms-mzswmtAN~zr. awDV~STAS, INc. AND T~Z BOAND oF COOWTY See Pages , 77 BXD 91e170~ ~ TO VAND~lqBILT BAY CONSTRUCTION FOR TH~ RENOVATION ~F T~ C~ ~HERIFF'S ~ST&TION IN THE AMOUNT OF $60,045 ][]~OF~OTIOM .01--370, APPROVING AN A(~KEMENT BKTWKKN COLLIKR COUNTY AND T~ ~ O~ FLOHXDA DEPARTMEMT OF ~O)~qUNITY AFFAIRS FOR TH~ ~ OF ~3t6EN~'Y COMMDIIICATIO!~S AND PUBLIC WAItMIN~ See Pages OF ALL CLAIMS BETWEEN TH~ BOARD OF COUNTY COUNTY AND PELICAN MARIN~ ENTErPRISe, INC. Pa~ 33 1001 . ~ TO B~D ~0. 90-1601, MARCO ISL&ND BEACH NOUriSHMENT DUNE See Pages <~;;;~/~ (~ JdlD AFFROFRIATIRG ADDITIONAL CAI~T (111) * :,, ~~T~ F~ COKRECTION TO THE T&X ROLLS AS FRL~ENTED BY THE NO. 264 NO's. 247/249 1989 1990 Dated 4/23/91 Dated 4/23/91 TANGIBLE PERSONAL PROPERTY 1990 NO. 1990-98 Dated 4/23/91 Xte~ dJ3.6J2 · ~.~F~ON OT LI~N FOR SENVICES OF TH~ ~BLIC DEFENDER See Pages The following miscellaneous correspondence was filed and/or referred to the various departments as indicated below: Memo dated 4/26/91 to Pelican Bay MSTU/BU Advisory Committee Members and Staff; from James P. Ward, Collier County Government, Pelican Bay Division; re Pelican Bay Services Division, Fiscal Year 1991, Proposed Budget. xc: Filed. Letter dated 4119/91 to Collier Board of County Com~isstoners; from Bob Sitta, Collier Soil and Water Conservation District Chairman; re transmittal of Collier Soil and Water Conservation District Annual Report for 1990. xc: Commissioner Goodnight and filed. Letter dated 4/18/91 to Commissioner Hasse; from Lewis O. Burnside, Jr. Director, Division of Housing and Community Development, State of Florida, Department of Community Affairs; re Contract No. 90DB-49-O9-21-O1-H05. xc: Neil Dotrill, Board of County Commissioners, Russell Shreeve, Frank Brutt, and filed. 4o Notice of Public Workshop, Meeting and Proposed RulemakJnq dated 4/19/91; from Florida Department of Environmental Regulation. xc: Filed. Letter dated 4/22/91 to Chairman Goodnight, Board of County Commissioners; from W. R. Trefz, P.E., District Secretary, Florida Department of Transportation; re Local Government finn Page 34 May 7, 1991 Cooperative Assistance Program. xc: Neil Dorrill, Board of County Commissioners, George Archibald, and filed. Letter dated 4/10/91 to Community Leader; from Florida Low Income Housing Coalition; re two upcoming workshops in Jacksonville and Fort Lauderdale on the Resolution Trust Corporation (RTC) Affordable Housing Disposition Program. xc: Nell Dotrill, Board of County Commissioners, Russell Shreeve, and filed. Minutes received and filed: The Big Cypress Basin Board of the South Florida Water Management District, Big Cypress Basin Field Station Minutes, dated 4/22/91. Collier County Water Management Advisory Board Agenda for 5/8/91. 8... Memo dated 4/24/91 to the Board of County Commissioners; from Mary W. Morgan, Supervisor of Elections; re canvass of April 23, 1991 Mail Ballot Election. xc: Filed. 9e Notice to Owner and Demand for Copy of Bond dated 4/19/91 to Collier County Board of County Commissioners; from Albert D. Cacchiotti, Jr. Division Controller; advising that they have furnished labor, materials and equipment to pave bike path per contract dated 4/9/91; under an order given by Mitchell & Stark Construction Co., Inc.; for the Rattlesnake-Hammock Road Water Main. xc: Nell Dotrill, Steve Camell, John Yonkosky, and filed. 10. Preliminary Notice to Contractor dated 4/24/91 to Armon, Inc., Ft. Myers, FL; from Connie Moore, Credit Mgr., Ewell Industries, Inc.; advising that they have furnished rein- forced concrete pipe and related materials used for drainage in the construction of site work, and or ready mix concrete, block and related Items with Ewell Industries, Inc.; for Collier County "Agricultural Ext. Office Bldg., Bid #1685-CC. xc: Nell Dorrill, Steve Camell, John Yonkosky, and filed. 11. Notice to Owner dated 4/19/91 to Collier County Board of County Commissioners; from Karen Price, Agent for GRA Crete Construction; advising that they have furnished placing and finishing concrete slabs labor only; under an order given by Voyager Construction Co.; for Collier County Library/Voyage. xc: Neil Dorrill, Steve Camell, John Yonkosky, and filed. 12. Notice to Owner dated 4/19/91 to Collier County Board of County Commissioners from William Meeker, NACM Services Corp. advising that they have furnished services and/or materials for Immokalee Road Agricultural Extension Office Building under an order given by Suncoast Underground Utility Contractor Corp. xc: Neil Dotrill; Steve Camell; John Yonkosky; and filed. 13. Notice to Owner dated 4/23/9! to Collier County Board of County Commissioners; from Trip Dupelle, Modern Carpentry Inc.; advising that they have furnished carpentry labor and materials; under an order given by B B L Quinn Construction, Inc.; for Collier County Library. xc: Neil Dotrill, Steve Camell, John Yonkosky, and filed. 14. Notice to Owner dated 4/17/91 to Board of County Commissioners of Collier County; from Debra A. Mansfield, Dayton Enterprises, Inc.; advising that they have furnished underground utilities, sewer, fire, and drainage; under an Page 35 Hay 7, 1991 order given by Cornerstone General Contractors, Inc.: for East Naples Community Park, Bid #90-1658. xc: Nell Dorrtll, Steve Camell, John Yonkosky, and filed. 15. Notice to Owner dated 4/17/91 to Board of County Commissioners of Collier County; from Debra A. Mansfield, Dayton Enterprises, Inc.; advising that they have furnished underground utilities, water, sewer, fire, and drainage; under an order given by Cornerstone General Contractors, Inc.; for Immokalee Community Park, Bid #90-1658. xc: Nell Dorrtll, Steve Camell, John Yonkosky, and filed. THE TAW ~NFOl~CEM~NT CONFISCATION TRUST FUND (602) OF DUAL TRAINED NARCOTIC DETECTION/WORK CANINE~ There being no further business for the Good of the County, the meeting was adjourned by Order of the Chair - Time: 3:15 P.M. ~AMES C. air]ES, ~LERK BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL P~RI~IA ~/E ~0DNIGI~, CHAIRMAN ( T~se minutes approved by the Board on as presented ~ or as corrected Page 36