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