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BCC Minutes 05/29/1990 R Naples, Florida, May 29, 1990 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 ]aw and having conducted business herein, met on th~s date at 9:00 A.M. in ]~EGULTL~ SZSSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Max A. Hasse, Jr. VICE-CHAIRMAN: Michael J. Volpe Richard S, Shanah&n Burr L. Saunders Anne Goodntght ALSO PRESENT: James C. Giles, Clerk; John Yonkosky, Finance Director; Sherry L. Keaton, Recording Secretary; Harriet Beech, Deputy Clerk; Nell Dorrlll, County Manager; Ron McLemore, Assistant County Manager: Tom Olllff, Assistant to the County M~lnager: Ken Cuyler, County Attorney: David Weigel and Brenda Wilson, Assistant County Attorneys; Phil]ip Scheff and Robert Lord, Planners. William Laverty and Patrtcta Stkowskt Growth Management Planners; David Pettrow, Development Services Director; James Reardon, Emergency Services Administrator; David Davenport, Planning Review Supervisor; William Lorenz, Environmental Services Admin~strator; Stan Litstnger, Growth Management Director; George Archibald, Transportation Services Administrator; Robert Blanchard, Growth Planning Director; Russell Shreeve, HUI Director; Jeff Perry, Chief Planner Transportation; Kevin 0'Donnel~, ?ubl~c Services Admin~strator. Mike Arnold, Utilit~es Administrator; Sue Ftlson, Administrative Assistant to the Board; and Deputy Byron TomlJnson, Sherfff's Office. 0000] Hay 29, 1990 ..~ '~.[~ Item ~3 &GZXq*D~ &RD CONSZNT AGENDA - APPROVED #ITH C~a~GES Commissioner Sha. nahan moved, seconded by Commissioner Goodntght and carried unanimously, that the agenda and consent agenda be approved with the following changes: I, Item 9F2 - Request Board to authorize Chairman to sign Resolution and grant to receive EMS trust fund monies for the purchase of an ambulance - added on (Staff's request). 2. Item 9H2 - Petition of Lynn Carlson Weber, Vice President, SCA Development, requesting the Board of County Commissioners publish notice of a Tefra Hearing to consider allocation of ~ax-,xempt bands for multi-family housing - added on (Staff's request). Item 9H3 - Update of so]id waste negotiations and authority to proceed to bidding - added on (Staff's request). Item 14C1 - Recommendation to establish an alternative purchasing procedure for the museum capital projects program - withdrawn (Staff's request). Item iSA EMPLOYEE SERVICE AWARDS - PRESENTED Commissioner Hasse congratulated the following employees and pre- sented them with an Employee Service Award: Lazaro J. Blanco, Aquatic Plant - 10 Years Jacinto B]anco, Road & Bridge - 10 Years CHECK IN THE AMOUNT OF $59,754 PRESENTED BY THE UNITED STAT~S DEPARTMENT OF INTERIOR, FISH AND WILDLIFE SERVICE FOR ITS A~INUAL REFUGE REVENUE SHARING PAYMENT TO COLLIER COUNTY Commissioner Hasse accepted a check on behalf of Collier County tn the amount of $59,754.00 from Mr. Todd Lo,an, National Fish and Wildlife Refuge. Mr. Logan stated that the funds credited to the National Wildlife Refuge Fund are derived from income generated natio- nally on Service lands, such as otl and gas revenues, sale of timber prcducts, grave/, grazing receipts, and other products. ~ Itel ~9F2 RESOLUTION 90-278, AUTHORIZING GRANT TO RECEIVe ~MS TRUST FUND MONIES FOR THE PURCHASE OF AN AMBULANCE - ADOPTED Mr. James Reardon, Emergency Services Administrator, stated that trust fund monies tn the amount of $65,839.37 are available for the O00O8. Page 2 May 29, 1990 purchase of a Type III Modular ambulance upon passage of the subject resolution to Tallahassee and signature of the Board Chairman. Coutssioner Shanahan moved, seconded b~ Co---tssioner aoodntght and carried unanimously, that Resolution 90-278 authorizing the Ch&tr~an to sign the grant application in order for KMS to apply for County Award Trust Fund aon~ee for the purchase of an ~bulance for Collier County be adopted. 00009 ~ 29, ~990 MR. $OHN FI~SH'~IAT~ R~QU~ST~'NG TH~ CONSTRUCTTON OF & $OCC~'R COMPL~.X - TO BE INVESTIGATED FURTHER Mr. John Freshwater, representing the Soccer Players of Collier County presented a slide show to the Board in support of the youth and recreational programs in Collier County The presentation highlighted the proposed $900,000.00, six-f/eld soccer complex to be built on land adjacent to Barton Collier High School in North Naples. Mr. Freshwater st.~ted that a central site with six fields is necessary to keep the Optimist Club youth soccer program growing in Naples. He noted that the Optimist Program, which includes 1,200 children and 60 teams, plays during the fall and winter on five fields ?' at Pine Ridge Middle School. He indicated that the move away from the ;?: Pine Ridge Middle School is being forced upon the Naples youth programs due to proposed expansion of the middle school. He stated that the school's plan calls for a $10 million building expansion that may disrupt the fall soccer season and will eliminate as many as · .... two athletic fields Mr. Freshwater stated that the youth soccer clubs moved to the Pine Ridge Middle School from Poinciana Elementary school on ~.3- Airport-Pull~ng Road two years ago when expansion at Poinciana cut into the then ex]sting six-field site. Mr. Freshwater stated that early estimates for the project run between $100,000 and $125,000 per field. He noted that the cost 'i~' includes preparation of site and drainage considerations and is for the playing fields only He stated that the goal is for a full complex with locker room facilities, restrooms, parking and flood "lights. Mr. Freshwater stated that the land at Barton Collier High is owned by the school board and The fields will be maintained by the Parks and Recreation Department. He noted that this site is the best land in the county for such a project and is already partially cleared. 00015 Page 4 · Nay 29, 1990 The following persons spoke in favor of the proposed soccer complex for reasons cited above: Mr. Richard Rudolph Mr. Ray Morgan Mr. MacDonald Commissioner Saunders questioned if the County or Parks and Recreation has sufficient funds available in the budget for this pro- Ject? County Manager Dorrlil stated that a review of the county's capi- tal improvement budget should be taken in August. Ta~ #2 Commissioner maunders stated that the pro3ect should be moved fo~- ward In terms of determining the interest of the school board, poten- tial cost of the project and where the funds will come from. He noted that the county is interested in private contributions in order to assist in the project. Commissioner maunders moved, seconded by Commissioner Shanahan and carried %znmnimoualy, that County staff be directed to investigate the project f~ther with the Pa~ks and Recreation Department and with School Board; the item ts to be placed on the school board's agenda of May 30, 1990. ***** Recess: 9:50 A.M. - Reconvened: 9:55 A.M. at which tl~e Deputy Clerk Beech replaced Recording Secretar~ Xeaton Item #lO0 PROPOSED ORDINANO! ~)R ESTABLISE~EFf OF THE CBILDR~N'$ SERVICES COUNCIL TO BE ADVERTISED .. Mr. Dudley Goodlette appeared on behalf of a group of citizens to discuss the establishment of a Children's Services Council for Collier County. He mentioned that during s prior discussion action was taken in a 5/0 decision to establish the Children's Services Council, noting that today's request is to clarify the flrst action taken, and to direct the County Attorney to prepare an Ordinance to establish such a council under Section 125.901 of the Florida Statute. In establishing the Councl], Mr. Goodlette stated, the Board is also establishing a special taxing district under that Statute. The powers Page 5 Hay 29, 1990 given to that Council are quite specific, but they do not include the ability of the Council to submit the issue to a referendum with respect to funding, he said, for that is a later step in the process. Mr. Goodlette explained that the Statute is clear in enabling the Board to establish the District which creates the Council, then the Council must do a needs assessment of programs to benefit the children, and thirdly, if necessary the Board can establish by resolu- tion a referendum for an election to fund the activities of the Council through the imposition of up to .5 mill ad valorem tax. Today the request is merely to establish a council consisting of a ten per- son gov~rntng board, he said. Commissioner Hasse asked what sources finance the council. Until it goes to a referendum, Mr. Goodlette responded, the Council must be privately funded and he feels there are resources available to insti- tute the needs study which will determine the extent of the need for Separately .~dentJfJ,d funding sources. Commissioner Volpe asked how much time is needed to do the study, and Hr. Good]et-to r~sponded it would take about 90 days. Comm~ssioner Volpe said that an alternative course of action is to appoint an advisory committee that could do the needs assessment, and then when the needs are identified the rest of the steps could be undertaken. Mr. Goodlette sa~d that the statute estab]ishes the mechanism and He further stated it would be a duplication of effort to set up a separate co~mlttee and subsequently establish the council. Commissioner Saunders asked for clarification if the council was to be established w~th~n 30 days, then within g0 days from establish- ment there could be a report done, but it would be the end of the year before it could bo prem,;nted to the Board. Mr. Goodlette s~id that it :,will probably be completed sooner, but the end of the year will be the "i ~on~est time span Involved. Commissioner Saunders then asked if workin~ for a November e.lect]on wan still viable, and Mr. Good]~tte said that 1~ As no Ion§er realistic. Commissioner Saunders asked if 0001 Page 6 Hay 29, ~990 the statute permits calling a special electic[ at any time, or only during a regularly scheduled election in 1992. Mr. Goodlette responded that an election can be called by the Board of County Commissioners and can be a special election or a regular election. Mr. Cuyler said that was correct, then Commissioner Saunders specu- lated that if the council is formed and is able to raise funds to pro- vide for the needs assessment, would the council also raise funds to cover the cost of the special election? Mr. Goodlette said that is a possibility to be considered. Commissioner Volpe said it would be preferable to use that money to help the youth, and hold the election during a regular general election. Commissioner Saunders pointed out that a general election in which this can be included will not occur for two years, and an entire year of effort will be lost. Mr. Goodlette suggested this issue would be an important part of the needs assessment. Commissioner Saunders made clear for the record that an election may not be held until 1991 or 1992, also stating that he is not opposed to establishing the council at this point, but the Commission wants to lnlUrs the best climate for passage. He asked Mr. Goodlette his visw of whether it is better to establish the council immediately or more effective for the county to establish an advisory body to report back on the issue of establishing a council. Mr. Goodlette said unequivo- cally the better and most responsible way is to set the council up immediately. Mr. Cuyler said the Board should understand that under the statute ~t may not be possible to break this out into a number of distinct steps. He introduced Brenda Wilson to speak on this, and she explained that in preparing the Ordinance, it was not clear that the · Board had directed staff to also set up the taxing district and the statute is specifically written to establish the taxing district and the council is there to govern the taxing district It Is her cpi- n/on, she said, that the taxing district and the council are tnse- .... .parable and in the Board's directive there was no specific mention of May 29, 1990 the taxing district. She said it was also c1¢ mr the Board wanted the council to do a needs assessment and then return to the Board later to address the question of a referendum, but the question of establish- ment of a taxing district was still unanswered. She says this would &cruelly siva some tim, because if ~ta~f had advertised an 0rdin&nce for a council that did not have a taxing district, and the Board did indeed intend the Ordinance to address a separate taxing district, then staf~ would have [o re-advertise a subsequent Ordinance. The question remains as to what happens to the taxing district if the Board decides not to call a referendum election; is the taxing district left there, leaving the council without any funding, or does the council seek their own funding, and does the Board have discretion [n call/n0 for a referendum? Commissioner Volpe questioned if the Board does not have the option of calling a referendum, and Ms. Wilson said a valid ]eU~l] argum,~nt can be made on the council's behalf if the Board chose not to call for a referendum. Mr. Cuyler interjected an example of the independent fire districts, request that the Board call for a referendum, that this action does not approve the legislation, but merely enables an elec- ~ion on the subject to be held. He continued, if the Board decided not to permit the voters in that district to vote on whether they wanted impact fees, the district could sue the Board and probably wi:l, forcing the Board to call a referendum election. This is similar to ~hat situation, Mr. Cuyler advised. Commissioner Volpe said his recollection of the last meeting was that the Board was supportive of the concept, wanted to have a needs assessment done to define needs and the organizations already out there and their functions, but he said the issue of funding was not under discussion, it would be ]eft to a later dato. Ms. Wllmon con- curred, saying she had difficulty in drafting an Ordinance knowing it included setting up a taxing district, which would precipitate the Board into the next step for which a decision had not yet been made. Commissioner Shanahan asked Mr. Goodlette if it was impossible to Oeo19 Page 8 bring it to the electorate in November, if tho council and taxin; have the expertise in this question and Ms. Wilson noted that prac- tlcal difficulties in advertising the Ordinance and bringing it back to the Board for approval timely would prevent the issue from being placed on the ballot for the November election. Commissioner Has.e amked It such a council ws~s smtabllmhed by ths Board, would that remove the issue of a taxing district from the Board's control. Ms. Wi]son said it will be an Independent council and this Board would have no authority in determining how the money will be spent once the funding mechanism is established. The inten- tion of the statute, she noted, is to create a non-political entity. Commissioner Shanahan asked what time frame is necessary for advert/sing and completing the Ordinance and Ms. Wilson said on mn emergency basis, possibly before summer recess. Mr. Cuyler cautioned that would have to be studied further because the issue involves taxing potential. Commissioner Saunders feels that some concern is evident that tn establishing the councti, the Board will lose control over whether this is presented to the voters; he has had his own concerns over the Board submitting issues to voters in a referendum when the County Commission has been elected to make those decisions. He said the exception might be when a state statute requires a referendum, which is the situation here; thus, ~t makes no difference if the Board loses control. Commissioner Volpe commented that the point of the discussion Is that the needs assessment must precede a determination of the need for a council. Commissioner Saunders responded that it makes no dif- ference if the Board establishes the council now, because it is necessary to prepare an objective needs assessment to be presented to the voters and if thl~ Is perceived to be blased the voters will refuse it; th~s the Board has no risk at all, the controls being set forth in the statute. 000 O Page 9 Hay 29~ ~990 Commissioner Goodnight observed that in the past a referendum was placed on the ballot for a special taxing district for the Big Cypress Basin and it passed: during the budget season, however, the Board of County Commissioners receive,] blame for the taxes imposed by the Big Cypress Basin. She noted that the ad valorem tax rates are increasing rapidly and even though the County's mil/age was lowered, the South Florida Water Management Big Cypress Basin's taxes were not. The public blames the Board for this, she said, and in this case the Board is relinquishing control to a council, half of which is appointed by the Governor. Commissioner Vo]pe stated that he also has some reluctance to delegate authority to a council at this point, but after the needs assessment is done and the Board determines such a council is indeed necessary, then he could make an informed decision. Commissioner Saunders said he sees no reason not to follow the state statute. Mr. Cuyler mentioned a provision in the statute that after the first year of operation, the Board of Countp Commissioners can choose to fund the council from its own funds. Mr. Goodlette said it is extremely important to have an independent analysis of what the needs are for the children of the community and perhaps those needs can be met through a private funding mechanism and there may be no need to submit it to a referendum vote. He commented that the establishment of an advisory board could result in the children's needs not being addressed as needed at budget time and that is why the stat,%te sets forth the council itself as a special taxing district with accoun- tability requirements, budgetary constraints, and a upper tax limit of Mr. Cuyler said the reason it has been brought before the Board once again is because it appeared that the statutory provisions could be separated into a council, a taxinG district and later to an actual referendum and this is not the case. It is an independent authority and the Board of County Commissioners cannot maintain control through a separate series of actions. Mr. Goodlette said the statute makes Page Hay 29, 1990 .:: clear that the referendum must be called by t.le Board of County :i'~'~ Commissioners and once the needs assessment is completed, if it does not establish the need to the Board's satisfaction, then it will not be funded through the public sector. Commissioner Saunders said that the assessment must show there is a necessity to submit it to the voters. The following individuals spoke in favor of the establishment of the Children's Services Council: Edward J. O'Donoghue Laurie Owens Nelson A. Faerber, Jr. Debbie Douglass Commissioner Goodnlght said she has no problem with the concept, but has a concern about the Governor's appointees to the council. She suggested e compromise, that of listing in the Ordinance certain orga- nizations to submit candidates for appointment to the council, to be accepted uncategorically by the Board. She also indicated approval of placing this issue on the ballot after a needs assessment has been done and the council organized in a manner that will leave it under the control of the people of the district. Mr. Goodlette indicated that there is legislation under consideration by the state which, if passed, will limit the governor to selecting from three names sub- mitred by counties for each of the five seats on such local councils. Commissioner Saunders stated he sees no negative result from establishing the council so it can work toward a referendum In 1991, because that body will have to convince the electorate to vote for passage of the millage. Commissioner Volpe said the issue in mind for him is accoun- tability to the people who have elected him and he feels this accoun- tability may be lost with an .indep~ndent taxing authority which has the potential for collecting as much as six million dollars and is not accountable to anyone except those they are servicing. Colmitlionsr Shanahan moved, seconded by Co--tlsloner Slunders to direct staff to advertise an ordinance to lltlbltlh the Children's Peg~ 11 H~y 29, 1990 Servlce~ Councl! u~der Sectlo~ 125,901 o~ the ~t~te ~&tute; m~c~ counc~! to seek out pr/vats sector f~dtng for a nee~ ~ea~nt ~d re~n ~o ~he ~ard prior ~o calling a referend~ e~ec~ion, ~d ~ard will aubai~ n~es for ~berna~orial appoAn~eee ~o ~he co~cil. C~ried 4/~, (Co~Assioner Volpe XtoR ~8B PROVISION FOR PA~ OF ~DIC~ ~INATIONS FOR ~USKD ~ ~GLKCTED CHILDREN TO COLLIER CO~TY CHILD ~V~ACY CO~CIL, INC. ~ B~CO~ EF~CTI~ ~TOB~R ~, 1990 AS P~T OF ~990-~99~ BURET - Ka~hleen C. Pass~domo, Collier County Child Advocacy Council, Inc. ~atd this counci~ is unrela~ed to ~he A~llance for Children, and the Children's Services Council. Th~s council was formed In 198~ as a not-for-profi~ corporation, she explained, for the purpose of pro- mo~ing awareness of abused and neglected children ~n Collier County. The Council i~ compr~se~ of private citizens and their only sibili~y is ~o adm~nister the Child Pro~ec~ton Team of Collier County, she said; adding ~t was crea~d pursuan~ ~o a mandate In Section 415.50~.5 of ~he Florida s~atutes to provide services and assistance to abusud and nuglucted children upon referral. Some services provided by the Child Protection Team include medi- cal dSagnooto, ova]cation services, psychological and psychiatric d/agnos~s, short-term Psychological and medical services, exper~ psychological testimony ~:~ ,.~.~.~ ~ , c~.~. ~i~.lnO to develop, implement and monitor programs for children who have been abused and n~glected and other services. Th~s Team was originally part of the Lee County Team, but because of the need, Collier County separated from Lee County in 1986, she informed the Board. Ms. Passtdomo explained that they are administered through the Children's Medical Services which is a division of H.R.S. with an annual budge~ from the S~ate of Florida of $209,000, and all of their a~aff are ~alar/ed except the legal consultant. Ms. Passtdomo further explained that there ts a provision in the statute, Section 4]5.507 which provides that the county ~n which the chlld Is a resident, will bear the initial cost o~ examination of the ?r''/ ~ Pa~e 12 Nay 29, 1990 allegedly abused child; however the parents or legal custodian of the child will be required to reimburse the county for costs. The CAC, Inc. has discussed with the County Attorney's Office the subject of $30,000 per year cost for medical examinations, and the CAC is asking the county to pick up those initial costs, based upon the provisions of the statute, she said. Comm~ssioner Volpe said that ! percent of the county budget is specified for these kinds of services, but he is not certain if the deadline for 1990-91 has passed. Mr. Kevin O'Donnell agreed that is correct, this 1 percent is dispensed to various contract agencies, but the deadline for filing has passed. Ms. Passidomo mentioned that communications with the county were begun in July of 1989 and the council has had continuing correspondence and discussions since that time and today she ts asking that a timeframe and firm agreement be set. Commissioner Goodnlght said according to a letter contained In the agenda packet, the Florida Statutes mandate that the county is respon- sible for these costs, thus the Board really has no choice ~n the matter. Mr. Cuy]er explained that the 1 percent in the budget Is a discretionary allotment and this item does not appear to be discre- tionary in nature. He continued, the point made tn respect to future budgeting ts important. Ms. Passldomo said that the CAC's fiscal year begins in July and she hopes that a mechanism can be established to begin this procedure through Board action. Commissioner Volpe observed that the county's fiscal year begins October 1. Commissioner Goodnight suggested that the Board direct Kevtn O'Donnell, Public Services Administrator, to address this through the Office of Social Services or through the courts. Mr. O'Donnell said he was involved in the initial discussions, and he and the county attorney's staff felt that since this involves potential child abuse cases, the Guardian ad lltem program would be the appropriate agency to address this matter. Mr. O'Donnel] says there is no doubt that the county ts required by statute to make these payments and they should be made through the Guardian ad lltem 00024 Page .1. 3 Nay 29, 1990 program, meaning the Board must appropriate an amount of money for these payments. Commissioner Ooodnlght moved, to direct staff to work with the Guardian ad 1item Coordinator and Payments to become effective on October 1, 1990 me · p&rt of the 1990-1991 budget. Commissioner Hasse asked if this will impact the Children,s Services Council action in any way, and Ms. Passtdomo said the needs assessment to be done by the Children's Services Council will reflect that some needs are being met and their organization ts Involved in that work. Commissioner Volpe questioned if at some future time this request will be made to the Children's Services Council instead of the Board of County Commissioners under the special taxing d/strict. She said probably not, but noted that the county has the right to seek reimbur- sement from the parents in these cases. COUllllonlr Sh~ll~hal% seconded the motion, which carried 5/0. Item ,6B1 PETITION NO. R-89-8, SIGNATURE COMMUNITIES, INC., REQUESTING I REZONE FROM "E" TO "PUD" TO DEVELOP A MULTI-FAMILY PROJECT K~OWN AS "FOUR LAKES" AT THE INTERSECTION OF DAVIS BOULEVARD AND COUNTY BARN ROAD - Legal notice having been published in the Naples Daily News on May 10, 1990, as evidenced by Affidavit: ¢)f Pub]lest ion flied with Clerk, public hearing was opened to consider Petition No. R-89-8, flied by George Varnsdoe representing Signature Communities, Inc., requesting a rezone from "E" to "PUD" to develop a multi-family pro- ~ect known as Four Lakes at the intersection of Davis Boulevard and County Barn Road. Mr. Robert Lord, Planning Services, discussed the background of this Petition for a 488 unit multi-family project located at the southwest corner of Davis Boulevard and County Barn Road, Section 8, Township 50 South, Range 26 East, consisting of 56.4 acres. Mr. Lord said the Intended use is for a mixture of efficiency, one, two and three bedroom apartments, for entry level affordable housing with a 00025 Page 14 May 29, 1990 gross density of 8.7 dwelling units per acre. The developer will rent 20 percent of the units to families with Incomes 50 percent or less of the modlan Income at rents not to exceed S0 percent of the family's income, he said, and 17 percent or 83 units will be one-bedrooms, and 3 percent or 15 units will be two-bedrooms. Mr. Lord explained that this petition has been heard by the BCC In a public hearing on November 28, 1989 and on January 9, 1990, but It was continued because it lacked an affordable housing agreement which as of this time has yet to be signed. This petition has been distributed to all necessary agencies of Collier County and their con- cerns and stipulations relating to this requested zoning change are listed and addressed in the attached Agreement Sheet, which has not yet been signed, he noted. The Collier County Planning Commission held a public hearing on November 16, 1989 ~nd forwarded the petition with a recommendation of approval, subject to staff's stipulations, Mr. Lord commented, but this vote was for 592 units which now has been reduced to 488 units, with 98 units devoted to affordable housing. Mr. Lord remarked that the balance according to the Affordable Housing Agreement and the PUD Document may be devoted to market value units. He explained that this document became available to staff after the Executive Summary was distributed to the Board. Mr. Lord stated that staff does not agree with these documents because they are saying that only 20 percent of the units n~ed to meet the Entry Level Housing standards and the other 80 percent can be sold at the market value for square footages. Staff can agree with the 488 units if the entire 56.4 acres of land were devoted to the entry level minimum and maximum square footages and the density proposed Is within the permitted range, he said, and the future Land Use Element of the Growth Management Plan. Therefore, staff recommends that the Board of County Commissioners approve Petition R-89-8, subject to COPC's recommendation and that the changes regarding the square footage be made in the PUD document. Commissioner Volpe asked if, under the current Affordable Housing Page May 29, 1990 Ordinance, it is the size of the unit that determines if this project will fit into the affordable housing category, not the income off the tenant. Mr. Lord said that ts correct, and that 100 percent of the units must meet the size requirement of the entry level requirements, but they must monitor the other 20 percent as far as the rent struc- ture is concerned. Commissioner Hesse questioned if there is a section of this pro- perty in the wetlands and Mr. Lord said that 9.8 acres are Juris- dictional wet]ands under the Corps of Englneer~ requirement; these are included in the 56.4 acres. CommissSoner Volpe recalled that when this petition was before the Board previously there was a parcel at the intersection of Davis and County Barn Road on the southwest corner. Mr. Lord said this parcel is zoned estates and is owned by the same property owner, but ts not a part of this development. Commissioner Hesse spoke to the property to the west and Mr. Lord said that ts zoned estates, but is not owned by the petitioner and has no association with this development. Mr. Alan Reynolds, Planner with Wilson, Miller, Barton and Peek said he will speak on behalf of the petition as well as Lynn Carlson Webber, Vice President of Shelter Can-American, to address the affor- dable housing agreements with the state and county and the financing technique to be used on the project in support of the affordable housing concept. He mentioned the previous appearances before the Board, saying the project had been recommended for approval by all staff, agencies end the Planning Commission and was proceeding under the affordable housing "bonus" as set forth under the Growth Management Plan prior to the implementation of the new Affordable Housing Ordinance. He said the petition was continued because no agreement had been reached with staff regarding the terms of the affordable housing agreement, but today all issues of concern have been resolved and he feels it is a good project. He said this project is the kind to be encouraged in Collier County, although it is complex, sensitive and there have been some public concerns voiced. 000 ? Page May 29, 1990 He expressed the intent to show how this project has addressed all the concerns, and is a high quality project. Mr. Reynolds said that in Colliur County affordable housing starts are difficult because there ere two separate requirement~ to be met, zoning ordinance entry level housing and the affordable housinG requirements. He said the changes since January have been addressed to answer concerns expressed by nearby residents and have resulted in a high quality, low density, multi-family housing community with a common architectural theme with lake and conservation amenities, all central utilities, on site recreation, wetland conservation areas and 24-hour management. He said this project is no different from other high quality multi- housing, although it is an affordable housinG project, the density has been reduced to 8.7 units per acre and the number of buildings have been reduced from 50 to 23. Thirty percent of the development ks open space and amenities, with wetlands under the Jurisdiction of the Corps of Engineers and South Florida Water Management District, he said. Along Davis Boulevard, the development has a lake, landscaped open space and improvements with a 600 foot setback, he added. Mr. Reynolds said this project meets or exceeds all standards established in Collier County for non-affordable projects, will be completed in one phase with a completion date approximately 2~ years ~n the future. The roads in the project are private, a gate house entry is under consideration, and all units are rental units, as required under the zoning ordinance. Commissioner Hesse expressed concern about the co~ner parcel and Mr. Reynolds said there is no land use designated for that property at the present time, and under the Growth Management Plan it cannot be used for retail because it lies outside the activity center. Commissioner Volpe asked about improvements to be made pr~or to four-laning, and Mr. Reynolds indicated theue will be one access from Davis Boulevard and one access from County Barn Road and the developer will construct turn lane improvements for those accesses. Commissioner Hasse queried staff about possible assistance to the county to pave 000 Page 17 Hay 29, 2990 the local roads and Mr. Reynolds said he understands the road construction will be funded through impact fees, among other funding sources. Mr. Lord confirmed that the developer will provide rights- of-way to the county without chargs equal to about $§0,000 in land for the road improvements. He added that intersection improvements are a part of the planned improvements and should be completed by 1993. Commissioner Volpe inquired if there will be an on site treatment plant, and Mr. Reynolds said no, there are force mains already in place, the county's wastewater treatment plant capacity is being increased as of this fall, and there is no reason not to connect. Commissioner Volpe asked the County Attorney about a provision in the documents that says the petitioner will optionally comply with any future ordinance that may be enacted relating to affordable housing, and he requested clarification of the option phrasing. Mr. Guy/st said that was under discussion earlier, it isa policy consideration to give an option to the developer to choose whether they wish to go under the present document or under some subsequent document. He said future ordinances probably will not be more liberal, and although he is not recommending the inclusion of the option, it is definitely not illegal. Mr. Cuyler added he would not recommend giving options as a general rule, but the petitioner understands that this does not obli- gate the Board to any future course of action in regard to '~he parcel on the corner. Mr. Reynolds said this clause can be omitted if it is a problem. Ms. Lynn Car/son-Webber, Shelter Can-American, requested to speak to the affordable agreement, saying her company will comply with the existing entry level housing ordinance; however, there is a concern as to limits on the square footage of the market-rate units, and to be market competitive, they 8hould be comparable ~n size. She sa~d it is her belief that the ordinance intended to address only the affordable housing units when a maximum size was stated. That is the intent of the option addressing the requirements in a subsequent ordinance, she O00 D May 29, 1990 Ms. Carlson-Webber referred to the location, stating there seems to be a preference for locating mixed use projects on the fringes of development rather than in the heart of development; however, 100 per- cent affordable housing cannot be financed %~tthout a federal subsidy program which does not exist. This site, she said, is well located and it will be market competitive with comparable projects such as Summer Wind or Santa Barbara Landings. Ms. Carlson-Webber said it is necessary to attract the average renter to help financially support the "affordable" portion of the project. The property cost is reaso- nable and is no% prim,~r'~ii¥ inundaf..,d w(.t]ands, she continued, sa]tng that SCA's expertise is in financing, and financing tools for this type of project are scarce, cons/sting only of tax exempt bonds and tax credits on the federal level, and the state incentive loan program. She said that without these tools, affordable housing pro- Jects would be difficult if not impossible to finance. On June 1, they will apply for the tax credit program, Ms. Carlson-Webber noted, and will need evidence of zoning, thus they are before the Commission today. Commissioner Volpe asked what happens if the funding is not granted, and Ms. Carlson-Webber said the project will not go forward in that case. Commissioner Volpe asked Mr. Cuyler if an additional stipulation for th/s project could address approval s~lbJect to obtaining funding. Mr. Guy]er commented it has been done In the past, but there may be problems in that the PUD will be null and void in that case. Ms. Carlson-Webber says the affordable housing agreement goes with the land so if financing is not available, a future developer will have to include a portion for same. Commissioner Volpe said there may be another excellent u~e for this particular property such a~ estate sized homes, and he regrets it is tied up with a deed for affordable housing. Commissioner Saunders offered the observation that someone will have to come in with a new development, going through the rezone pro- Page 19 Nay 29, 1990 cess to accomplish that. He said if this project falls through, anoth,r developer will essentially have to pick up the identical plan and have to return to the Board for rezone. He noted that this is how other situations are handled because zoning is never tied into financing a project. Ns. Carlson-Webber said Collier County has a priority for affor- dable housing and she is certain it will be funded, so is asking for approval for the rezone today. She added that affordable housing applies to persons whose income runs from $14,000 to $24,000 deponding upon the number of persons in the family and that the rentals charged these persons cannot exceed 30 percent of their income. She Compared this project to another under construction at Airport and Pll%e Ridge Roads, saying the costs are known, it is aesthetically pleasing and does not indicate from its exterior appearance that there are any affordable housing unit~ included. This project 'has potential to be under construction by the end of the year. One letter indicating opposition to the project has been received from Mortimer Propp, Mr. McLemore said, and two signed petitions have been received indtcatin~? opposition. The following lndividua]s spoke in opposition to the project: Randy Rlner George Keller Robert ^rmbruster Bill Jones Troy Brown John Gilford Cindy Cross Concerns expressed by speakers included the fo/lowing: density, width of buffer, possible financing problems, an increase in traffic, delay in passage of a new ordinance, lack of recreational amenities in the area, poor location, rezoning may depress area values, asking twenty times more than current zoning, roadways need improvement, ren- tals are on hlQh side for affordable housing ($435 - 720). Additional concerns expressed were: wetlands should be removed from the gross acreage figure, which will make the density 10 units per acre; high amount of impervious area can cause flooding; state should finance their portion through a bond issue. Page 20 in the current five year plan it Is listed for 1993, but plan is currently being revised. May 29, 1990 Tape #3 Commissioner Volpe asked Mr. george Archibald, Transportation Administrator, why County Barn Road is #10 on one listing and is #33 on another, when w~]] ~t be four-laned? Mr. Archibald responded that the five year It ia one of those projects, he said, that will be funded through the proposed sales tax or some other revenue source yet to be identified, and can be completed within the five year time frame. However, he continued, to complete it within that time frame means there has to be some other fundin~ source iden- tified and allocated so that the design and construction can occur. Commissioner Volpe asked if the county has acquired any of the right- of-way along County Barn Road from Davis to Rattlesnake Hammock, and Mr. Archibald said right-of-way is still needed in the area of this particular project. Commissioner Volpe asked the total cost of the road project and Mr. Archibald said it will be less than 4 **es. Recording Secretary Xeaton replaced Deputy Clerk Beech at 12:30 P.M. Mr. Archibald stated that the developer is expected to provide right-cf-way on County Earn Road and Davis Boulevard. In answer to Commissioner Volpe, Mr. Shreeve stated that the pro- Ject will me~t the needs of the .low income person. He noted that the project provides for the critical needs of people who are working and find it difficult to find a place to live at a reasonable or low rate. Mr. Shreeve stated that the Petitioner is requesting to increas~ the size of the units from the allowable maximum as stated in 7.27 of the Zoning Ordinance 82-2, He noted that the changes will increase the efficiency units from 525 square feet to 550 square feet, the one bedroom units from the allowable 900 square feet to the requested ~,050 square feet. He further noted that this request is also elimi- nating the 3 bedroom units. Mr. Alan Reynolds of Wi]son, Miller, Barton, & Peek, Inc., stated 0003~ Page 21 Nay 29, 1990 that the subject project is close to the employment community in Collier County. He noted that there is a desperate need in Collier County to have affordable housing in close proximity to Job centers. Mr. Reynolds stated that 8.9 acres of the total 56 acres on the site are Jurisdictional wetlands. He indicated that this is an extre- mely low percentage of wetlands on the sSte, and in order for this project to proceed, the petitioner will have to avoid core wetland permitting. Mr. Reynolds further stated that the Growth Management Plan allows for a bonus of 8 units per acre on the proposed site but the peti- tioner is requesting only 4.7 units per acre. He indicated that this project will be a low density multi-family area. Mr. Reynolds stated that the petitioner is in complete agreement with all staff stipulations, and noted that the project meets all the policies outlined in the Comprehensive Plan. ! In answer to Commissioner Hasse, Mr. Reynolds indicated that the lakes are built in upland areas and are an addition to the wetlands on the site. Mrs. Cindy Cross questioned if the rezoning of the project is approved and the petitioner does not obtain the financing, can he sell the site to another developer? Attorney Cuyler answered affirmatively and stated that the new developer will have to build under the terms of the PUD doculaent. Commissioner Volpe expressed concern for the financing of the pro- Ject. He indicated that a stipulation should be added in reference to obtaining the necessary financing for this project. Mrs. Carlson Webber stated that she is in agreement to the stipu- lation providing that a long enough time period is given to apply for all three programs. She indicated that a 12 month time period will be sufficient. Mr. Gerry Griffin stated that if the petitioner cannot take advan- tage of the programs available, the economics will not be feasible due to high property taxes. He indicated that an affordable housing pro- Page 22 29, 1990 ~/ Ject has to have a market rate rent because the rent will subsidize the affordability and will offer a more unified community. He noted that this provides for an economic and social benefit for the com- munity. In answer to Commissioner Volpe, Mrs. Carlson Webber stated that there is a problem in finding a site that is compatible with the financing. She indicated that other sites that are available ~n Collier County are too small, or too large. She noted that they can- not inventory the land, therefore the site has to be developed out. Comalssioner Saundere moved, seconded by Conissioner $~ and carried unanimously, that the public hearing be closed. Commissioner Saunders moved, seconded by Commissioner Volpe, that Petition R-89-8 be approved subject to existing stipulations and the existing Affordable Housing Ordinance; and that if the financing for this project is not achieved within a 12 month period, the zoning will revert back to the existing zoning. Upon call for the ques~ion, the motion failed 2/3 (Commissioner Hasse, Commissioner Shanahan and Commissioner Goodnight opposed). eases Recessed at 1:20 P.M. - Reconvened at 1:50 P.M. eee$$ Item SUI~I~ER GLEN PUD OE I~OY~ALEE TO BE ~[PEDITED AND STAFY TO PROVIDE A VARIANCE PROCEDUR~ DEJiLING ~ITH [~RONT ~OOTAGE EOH PROSECT$ THAT PROVIDE i00~ AY~ORDABLE HOUSING Mr. Phtlltp Scheff, P]anner, stated that Mrs. Shelly O'Steen is requesting a rezone of minimum lot frontage from 200 feet to 165 feet. Mr. Scheff stated that the present zoning ordinance does not address the reduction of lot frontage for a rezone as outlined in Section 14.13a of the zoning code. He indicated that rezone property shall have a minimum of 40,000 square feet of area and 200 feet of street fro~tage. He stated that staff is requesting that the petitioner acquire an additional 35 feet of street frontage in order to proceed with the rezone, or the board approve an amendment of the zoning ordi- nance to allow for the reduction to 165 feet. Mrs. Shelly O'Steen stated that Summer Glen is currently the OOO34 Page 23 Hay 29, 1990 fourth 100~ affordable housing project that ts proposed for construc- tion in Immokalee. She stated that Summer Glen Is a proposed 45 unit affordable housing apartment complex designed especially for senior citizens and handicapped persons. She noted that the project Is in an excellent proximity to shopping centers and is within one mile of the intersection of C.R. 29 and Lake Trafford Road. Mrs. O'Steen stated that the project has been reduced to 6 units per acrs and will be a low density multi-family complex. She Indi- cated that they are applying for a rezone to RMF-6 or a PUD that will be tied into a site plan. Mrs. 0'Steen stated that the development will be funded through the Farmers Home Administration this fall with approximately a $1.5 In answer to Commissioner Hesse, Mrs. O'Steen stated that property owners on either side of the proposed site do not want to sell any of / their land. Commissioner GoodnJght stated that the prevlous affordable housing projects that are in Immokalee are excellent. She indicated that the proposed project for seniors is greatly needed in Immokalee and will be of benef/t to thum. Commissioner Saunders stated that the board should try to expedite and facilitate these type of projects. He indicated that the com- munity needs these facilities and should be accommodated. Co--/asioner Saunders moved, seconded by Commissioner and carried unanimously, that staff be directed to provide a variance procedure An the ordinance dealing with road frontage in order to &ccom~od&te pro- Jecte that provide lO0~ affordable housing and expedite the review of the Sa= er Glen PUD application. Tap~ #4 Item #6c1 ORDINANC~ 90-43 PROVIDING A SEPTEMBER REFKR~NDUM TO ESTABLISH A THREE PERCENT TOURIST DEVELOPI~NT TAX T~OUGHO~ COLLI~ CO~ - ~D Legal notice havinG been published in the Napl~ Daily News on May I0, ]990, as evtd~nc~d by Affidavit of Publicist]on filed with the O0035 Page 24 Nay 29, ~990 · Clerk, public hearing was opened to consider a proposed Ordinance pro- viding for a September referendum to establish a three percent Tourist Development Tax throughout Collier County as provided by Chapter 125.0104, Florida Statu~. Mr. Tom Ol]tff, Assistant to the County Manager, stated that the sub3ect ordinance was prepared with the full list of uses provided for within the Florida Statutes as the spending plan. He noted that the plan is for a two year period as required by statute based upon a pro- Jected $9 million in revenue. He stated that the plan, as amended, is recommended to the board for consideration as shown in the Executive Summary. Mr. OllAff .tared that beach and pass maintenance will cost approximately $2 million per year or 44~ of the total revenue; a sports stadium w]]] c{)~t approx~ma-~e]y $].5 m~]]]on p~ year or 33~ of the total revenue; cultural and fine arts programs will cos~ approxi- mately $500,000 per yea~ or ]l~ of the total revenue; promotion of off-season tourism will cost approximately $250,000 per year or 6~ of the total revenue; and museums, nature, aquatic and environmental pre- serves will cost approximately $250,000 per year or 6~ of the total revenue. Mr. O]]]ff stated that a recent telephone survey wa~ conducted with the League of Women Voters which indicated that there is a county-w]de apprcval rating for this tax at 79+ percent of the people. He also noted that in every specific zip code in the County, the approval rating is over 60% in favor of the tax. Mr. Olllff stated that it is recommended that the ta~ be put on the September ballot for the following reasons: the pro3ects that are listed in the E×ecut~ve Summary are pro3ects that help make Collier County a commun/ty; the Sales Tax Comm.tttee is in favor of this speci- fic tax; the tax ts strongly supported by the elect-3~ate; 32 Florida counties have approved and have th~s tax 5n place; and the c~t~zens should be glvo~% an opportunity to decide if thls revenue source makes sense to them. Page 25 May 29, 1990 Commissioner Volpe questioned if the additional 1¢ tax will be !/;:: u.ed for the debt service on the ¢on.tructton of a .ports stsdtum? :~' Mr. Olllff stated that the third cent of the tax is revenue ~i ' restricted and can only be used for the construction of a sports sta- ~'. dium. He noted that it is contemplated that the 1¢ will be used to [~[:. pay debt service which is principal and interest of stadium construc- ti. on, and will be the only funding that will be provided by the county for this project. CommAs,loner Volpe stated that since there ts a "sun,st" provision tn the ordinance, a longer period of time will be needed to build the stadium. Assistant County Manager McLemore stated that the construction dollars of the stadium can be financed with a 20 year bond which will pay-off all the debt service. The following persons spoke ]n favor of the subject petition for the following reasons: The additional tax will produce monies that will promote summer art and cultural festivities; additional tourists to the community will produce added business to hotels, motels, restaurants, and local shops: Myra Janco Daniels Ellis Gantor Jesse Walton George Keller The following persons spoke in opposition to the subject petition for the following reasons: The cause was never great enough to tax a · ~ngle segment of the popular/on that cannot represent themselves; tourism wall be threatened; collection of the tax is not feasible based on reports from County researchers; the tax ~,~111 affect anyone who is renting a dwelling for a term of 6 months or less; the tax will effect traveling workers who live in the area for 6 months or less; Marco Island does not need another tax for beach maintenance; the areas tourist industry was not surveyed as to their opinion of this tax; and the employment market will bo extremely affected: John Dough.try Robert Stakich Anne Brunet Mike Watkins David Bruner Stephen Wheeler Gene Vaccard Lois Loeber Ken Hunt Mo/ly Magee Robert Adamson Barbara Lawrence 0003'7 Page 26 Harold Hall Bert Hawkins Berrie Gulacsik Patrick Neale Nay 29, 1990 Dawn Norgren RosemarAe D'Haem Frank Blanchard Mr. Gene Vaccard, Executive Director of the Florida Sports Park, stated that his organization has $10 million to build a baseball sta- dium. He noted that the organization also has 130 acres of land & PUD that has been grautod by Collier County for professional major league baseball. Mr. Vaccard stated the citizens and tourists should not have to pay another tax for such a stadium when the private sector As willing to pay for it. Mr. Bob Adamson, representing the South West Florida Promotions, Inc., stated that he has talked to citizens in the private sector regarding funding of the stadium and was informed that they can raise $15 million dollars publicly. He noted that with this money, a sta- dium will be erected that will seat up to 8,000 p~ople, will have 4 practice fields, 2 practice infields and batting tunnels. He cared that this will be put on 23 acres of land and will not include parking. He further indicated that this will be of no charge to the County, and the County will not be asked to buy the stadium back at any tame. Mr. Adamson stated that serious teams such at the Baltimore Orioles, Cleveland Indians and Seattle Mariners have contacted him to be the representing team of this stadium. Mr. Adamson stated that they are prepared to have the stadium in place by 1992 with funding by private investors. Commissioner Saunders stated a stadium that will be funded by pri- vate lnvestorm with no (:()mt to the taxpayer proves to be very int~resting. He questioned how the stadium will show a profit in order to give the priva%e citizens a return on their investments. He further questioned the revenues in excess of expenses to the stadium. Mr. Adamson stated that the revenues will come from parking and refremhmsnts at approx]ma~el¥ 91.75 per person in the park. He lndl- 00088 Page 27 ~a¥ 29, ~990 cared that he will give the commission more information on this matter next week. Mr. Vaccard stated that he is offering an alternative to the add/- tional 1¢ tax in order to fund a major league baseball atadtum. Commissioner Volpe stated that the Commission should maintain the flexibility in knowing that there is alternative funding from the pri- vate sector that will allow for the construction of this stadium. County Attorney Cuyler stated that with a super majority vote, the original funding plan by the County can be changed. Assistant County Attorney Wilson stated that it is difficult to structure the ordinance at this point, but it can be amended with a super majority vote. Mr. Vaccard stated that within the next two weeks, he will have a firm proposal for the Board of County Commissioners as well as a com- mittment of funds for the sports stadium. Ta~e ,5 Commissioner Hasse stated that 7§~ of the people who spoke against the tourist tax are in the tourist industry. He noted that the tax will not impact these people but will impact the tourists in the com- munity. He further noted that any improvement to Collier County will also improve the tourist industry. In answer to Mr. Watklns, County Manager Dorrill stated that under the County's request for proposal format, the County has requested the team donate the land in order to build a County recreational complex in addition to the baseball stadium. He noted that there will be no waiving of impact fees and no ad valorem taxes. He further noted that the developer will be required to build the facility to County speci- fications and to provide interest during construction. He stated that the facility will then be conveyed to the County and the developer will guarantee an annual operating/maintenance cost. He indicated that the County will incur through the tourist development tax, the long term debt associated with the stadium only . Coniesioner Saunders moved, seconded by Ool~iaaloner Sh~n~h~n and 0()()39 Page 28 1990 carried unanimously, that the public hearing be closed. Commissioner Volpe moved, seconded by Contsstoner Goodntght and carried 4/1, (Contsetoner Shanahan opposed) that the Ordinance as numbered and titled below be adopted and entered into Ordinance Book No. 88 and submitted to the electorate at the September 4, 1990 pri- mary for establishment of a 3~ Tourist Development Tax throughout Collier County tn accordance with the revised spending plan, Including the language submitted by Bond Counsel regarding the additional and if the Tourist Development Tax passes In September. the area-wide MSTU for Marco Island will sunset: ORDINA~C! 90-43 AN ORDINANCE TO LEVY, IMPOSE AND SET A THREE PERCENT (3%) TOURIST DEVELOPMENT TAX THROUGHOUT COLLIER COUNTY PURSUANT TO THE "LOCAL OPTION TOURIST DEVELOPMENT ACT", CHAPTER ]25.0104, FLORIDA STATUTES; PROVIDING FOR THE COLLECTION OF SAID TAM; PROVIDING FOR A TAX ON EACH WHOLE AND MAJOR FRACTION OF EACH DOLLAR OF THE TOTAL RENTAL CHARGED EVERY PERSON WHO RENTS, LEASES OR LETS FOR CONSIDERAT;ON ANY LIVING QUARTERS OR ACCOMMODATIONS IN ANY HOTEL, APARTMENT HOTEL, MOTEL, RESORT MOTEL, APARTMENT, APARTMENT MOTEL, ROOMING HOUSE, MOBILE HOME PARK, RECREATIONAL VEHICLE PARK, OR CONDOMINIUM FOR A TERM OF SIX (6) MONTHS OR LESS; PROVIDING THAT THE REVENUES SO RAISED BE UTILIZED TO IMPLEMENT THE COLLIER COUNTY TOURIST DEVELOPMENT PLAN; SETTING FORTH AND PROVIDING FOR THE ADOPTION OF THE COLLIER COUNTY TOURIST DEVELOPMENT PLAN; PROVIDING FOR A REFERENDUM ON THE TOURIST DEVELOPMENT TAX; ESTABLISHING A COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL; PROVIDING FOR THE MEMBERSHIP, TERMS, QUALIFICATIONS, AND POWERS OF THE MEMBERS OF SAID COUNCIL; PROVID;NG FOR PENALTIES FOR MISREPRESENTATION REGARDING COLLECTION OF THE TAX LEVIED; PROVIDING FOR COLLECTION BY LIEN; PROVIDING FOR PENALTIES FOR FAILURE TO COLLECT THE TAX LEVIED; PROVIDING FOR REPEAL OF THE TAX BY REFERENDUM ELECTION; PROVIDING FOR I,OCAI. coLr,ECTION AND ADMINISTRATION OF THE TAX; REPEALING COLLIER COUNTY ORDINANCE NO. 88-58; PROVIDING FOR SEVERABILITY OF ORDINANCE PROVISIONS; AND SETTING FORTH AN EFFECTIVE DATE. '''Deputy Clerk Beech replaced Recording Secretary Keaton at this timeoo Item ,IOA RESOLUTION 90-279 APPROVING TH~ ISSUANCE OF CITY OF NAPLES HOSPITAL REVXNUE BONDS SERIES xgeo (NAPLES COMMUNITY HOSPITAL, INC. PROJECT) IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $30,000,000 TO REFUND BOND ~ERI~$ !989A AND 1989B - ADOPTED Mr. Kenneth Cuyler, County Attorney, explained the reason for the Naples Community Hospital's request, saying that the resolution pro- posed for adoption will approve the City's issuance of hospital reve- nue bonds Series 1990 in an amount not to exceed $30,000,000. He said O0O4¢) Page 29 May 29, 1990 that the stated purpose of the bonds is to refund on a current basis the outstanding principal amount of the City of Naples, Florida, Hospital Revenue Bond Series 1989A and 1989B. Mr. Cuyler reminded the Board that the proceeds of these bond sales were used to finance all or part of the cost of a health care facility project consisting of a medical education building to be located near the existing hospital and a 50 bed general acute care hospital building in the unincor- porated area of Collier County north of Immokalee Road. The location requires the approval by resolution of the Collier County Board of Commissioners, for tax considerations as well. Mr. Cuyler discussed language in the Resolution absolving the County of liability in connection with the sale and r('dt,mptl¢,n ¢,f this bond issue, and also language that specifically states the appro- val of the resolution does not grant any vested rights or special con- slderatlon regarding the Comprehensive Plan, zoning, building or other land use matters. Representatives of the city are present to answer questions posed by the Board, he concluded. Commissioner Hasse questioned the process and Mr. Edward Morton, Chief Financial Officer of Naples Community Hospital, briefly explainsd that the number amount was put in to size the bond issue so that they would not have to return and request additional money; and that the process is intended to permit a firmer forecast of interest rates. Commissioner Volpe asked if there are new projects covered under this funding. Mr. Morton maid these are the original projects and no new projects have been included. 00m~tsmtoner Volp~ moved, seconded by Collaatoner Goodnlght ~nd c&rrled unanimously, that Resolution 90-2?9 approving the issuance of the City of Neplee Hosplt&l Revenue Bonds Series 1990 in ~n ~s~ount not to exceed $30 million dollars be mdopted. 00041 Page 30 Hay 29, 1990 Itel #lOB R~$OLUTION 90-280 CALLING A P~FR~R~DDN KLECTION TO BE I~LD $~PI~NB~R 4, 1990 TO DKTK~I~ IF THE QU~IFIED ELECTO~ OF COLLI~ CO~ APPRQ~ ~E L~ OF A 3~, TO~ST DK~LO~ T~ - ~KD County A~torney Cuyler advised the Board that a resolution calling a referendum election In the matter o~ a 3 ps,cent development tax ts necessary tn orde~ to advance the election process. Co~tsstoner Vol~ ~oved, seconded by Co~lsstoner Goo~tght ~ c~rrled 4/1 (Co~tsstoner Sh~ op~sed), that Resolution 90-280 calling a referend~ election on Septe~r 4, 1990, re~lng the 3 ~roent Tourist ~vslop~ent Tu be ~dopted. 0004, 14m¥ 29, 1990 Item JPA1 BUDGKT AMENDMENT RKQUKST TO KSTABLISH THE M~TROPOLITAN PLANNING 0ROANIZATION (MPO) GRANT FOR GRANT YEAR 1990-91 - APPROVED Mr. Jeff Perry. MPO Director, explained this request is to establish the Metropolitan Planning Organization's budget for the coming State Grant fiscal year. He said that the funds for July 1 to September 30 were approved in last year's budget, and this approval is requested for October 1, 1990 through June 30 of 1991. Commissioner Hesse questioned if the City of Naples was included in this action, and Mr. Perry said it was, and th~ breakdown of appropriations is In the agenda material. Commissioner Goodnight questioned if the MPO is planning to address the whole county, and not Just the urban area. Mr. Perry said that there is a program for transportation for the disadvantaged that the MPO is taking over, adding that the MPO does not use any of its federal funds outside the urban boundary, and the transportation disadvantaged program in the new budgeting process covers transportation for the elderly and the handicapped and it includes rural transportation. It is a transit type of planning, he explained, and mass transit is not being addressed tn the plans. Commissioner Shanahan moved, seconded by Commissioner Goodntght, to approve the budget amendment to establish the Metropolitan Planning Organization (MPO) Grant for Grant Year 1990-91. Commissioner Volpe asked if there is a way that the fiscal year for the MPO can change to coincide with the fiscal year of the County? Mr. Perry said for the first seven years that was done, but it necessitated two separate county budgets for auditing purposes. A new computer software program enables the Clerk's office to fund across fiscal years for grant programs, he noted, so the present arrangement can continue. Opon call for the quest/on, the mot/on cmrrted unanimously. Item #9A2 BID NO. 90-1540, COLLIER VILL&GE PUD INFR&STRUCTUR~ - AH&RDID TO N. COkE CONSTrUCT!ON IN THa AR. OUNT OF a400,a48.a2 Legal notice having been published tn the Naples Dally News on March 9 and 11, 1990, as evidenced by Affidavit of Publication filed 00048 Page 32 May 29, [990 :{:.with the Clerk, bids were received for the Collier Village PUD Infrastructure to be constructed in Immokalee, Florida, until 2:30 P.M., April 11, 1990. Mr. Russell Shreeve, Director of Housing and Urban Improvement, said that the engineering estimate for this is $604,200 and the low bid for this work is for $400,848.82. The money for th~s improvement is in the Community Development Block Grant and in the Pocket of Poverty Grant, he explained. Com~iaaloner Goodnight moved, seconded by Co~u%~esioner Shmnahmn mhd carried unanimously, that Bid No. 90-1540 for the Collier PUD Infr&et~ucture be awarded to N. Cole Conmt~ct~on In the ~t of Mr. Cuyler sa~d the contract w~ll be pFesented to the BCC Jn a future consent agenda. ~RGENCY DECL~ED - COMPETITIVE BIDDING WAIVED ~ C0~T~CT AWARDED TO BETTER ROAD5, INC. IN TH~ ~OU~ OF $13~,900 FOR MEDI~ L~DSCAPING IMPROVEMENTS IN CONJUNCTION WITH THE SIX-~ING OF U.S. 4~ Mr. George Archibald Transportation Services Administrator, said this request ]s to award a contract for landscaping w~thin the median of U.S. 41, involving the need to declare an emergency and waiving the competitive bidding procc~dures and authorizing the Chairman to execute a pre-negotiated contract Mr Archibald explained that the lan~ng should be compJeted w]thSn the next thirty to s~xty days and staff recommends awarding a contract that is basically a continuation of the landscaping the C~ty of Naples is doing regarding the median landscaping from Solana Road north to Neapolitan Way. He noted that north of that point ]t is County land, so staf~ has prepared a pro- posed contract with Better Roads, Inc. (the FDOT contractor) for the Board's consideration. Ne commented that the fund~n~ for thOR work ]ncl~de~ contr]but~on~ from the private sector (Naplescape 90 Committee) and Westinghouse. The contract covers extension of water lines, installation of an irri- O004,9 Page 33 Hay 29, 1990 garish system, and landscaping in accordance with plans already completed. Commissioner Hasse inquired if this is a true emergency? Mr. Archibald explained that this should be done in the same manner as the FDOT contract with Better Roads, Inc. in order to assure continuity and to limit the coat by incorporating the older FDOT competitive pri- ces, but it must be done immediately. Commissioner Volpe asked if this Is the same as the Solana Road to Pine Ridge Road contract and Mr. Archibald said th~ county estimate ia within $200 of the Better Roads bid. Commission Volpe questioned who will handle the irrigation Installation from Pine Ridge Road to Laurel Oak Drive. Mr. Archibald said the contractor will do the Job, but the cost .in covered by contrlbutJons from the private sector. Commissioner Volpe asked the difference In cost for the Pine Ridge Road-Laurel Oak Drive section versus the section to the south and Mr. Archibald explained that the median is relatively small to the ~orth. Commissioner Volpe asked who will maintain the median and Mr. Archibald said that the Road/Bridge staff will have that respon- sibllity. Commissioner Hesse asked if maintenance work includes mowing and Mr. Archibald replied affirmatively, adding that the FDOT has also committed to do sodding in the medians. Commissioner Volpe moved, seconded by Co--missioner $&unclers mhd camrled unanimously, to authorize on mn emergency b&e~e ~hm waiving of competitive bidding requirements and award a cons~ruction con~r&cT to Better Roads, Inc. for median landscaping improvements ~n conjunction with the six-lanlng of U.S. 4! in ~hs amount of ~133,900. Page 34 May 29° 1990 DONATION OF THE HISTORIC CO~94UNITY LAUNDRY BUiGDING IN EVERGLADES CITY FROM THE EVERGLADES CITY WOMEN'S CLUB TO BE RESTORED AS A BRANCH MUSEUM FACILITY - APPROVED CONTINGENT ON PASSAGE OF TOURIST pEVELOPMENT TAX Mr. Kevln O'Donnell, Public Services Administrator, said staff is ~.- ~ . requesting conceptual approval to accept a donation from the ~ve~glades C~ty Women's C3ub of the h~storic community laundry building and to authorize the restoration of the structure to serve as !:(~. a branch museum. He stated that the est/mated price for restoration is about $100,000 There is no time-frame involved nor does this con- sider private fund raising efforts or grants, he said. The initial cost for operating the facility after opening would include one part- time person, three days a week and is estimated at $?,000 annually, he noted, addinG that the proposal is consistent with the State Preservation Historical Act, but no monies have been expended for t~tle searches pending approval. Mr. O'Donnell says that this faci- lity will enhance the museum operation and it is historically signifi- cant. Commissioner Volpe asked what money has been budgeted and Mr. O'Donnell responded that none has been budgeted, but the costs can be phased in over a period of two years or more and an appropriation subject to the Board's approval each year can be made in the Capital Projects line in the Museum budget. Commissioner Shanahan asked about the tenant now occupying the buildinG, and Mr. O'Donnell said the tenant plans to remain there until November of 1990 which does not present a }~roblem to staff. Commissioner Shanahan addressed the matter of private contribu- tions to the cost. Mr. O'Donnell said there are a multitude of reve- nue sources that comprise the $100,000 amount and private fund-raising efforts will assist, as well as grant programs that are'available. Mr. O'I)onnell said that the County will not actually spend that amount of money on the rehabilitation, due to these other funding sources. Commissioner Volpe sald he understands the potential for a museum OOOGI Page 35 May 29, ~990 in Everglades City, for a museum project in Immokalee and perhaps one on Marco Island, but there are only a limited number of dollars available He noted that although the facility may not be fully restored for two years, the County must assume responsibility for the building at the time the donation is formally accepted. Commissioner Saunders expressed his concern that there will not be enough visitors to the facility to make it worth the expenditure of funds. He said there is a need to replace the roof and hire a part- time staff and it is not budgeted for this year. Commissioner Goodnight reminded the Board that in the Tourist Developm,.,~ ';.., i~,,!, i~,.,~.,? is money allocated for museum development, these klnds of facilities are needed for the children of the County and she indicated her desire to have this facility tn the museum program Commissioner Hasse agreed that the Board, in its previous discussions, had indicated general approval of the acquisition sub3ect to clarification of some leasing details. Mr. Ron Jamro, Museum Director, said that staffing will not be done until the building is restored and exhibits have been developed. Historic preservation in Collier County, he added, has been minimal and each week that passes, more historic structures are torn down and destroyed. Commissioner Volpe spoke in favor of a restrictive ordi- nance for historic sites, and the need for tourist education develop- ment. Tape Commismionsr Hasso asked if this building is .q historic mate and Mr. Jamro responded that the state has designated it as a historic site, but the federal government has not registered it as such. Commissioner Volpe said that if it is placed on a National Register of Historic Sites the structure cannot be razed if donations have been acceDted for the preservation of the structure, and he wonders what alternatives there are to the County taking it over. Ms. Pauline Reeves from the Everglades Women's Club said that the Club is in the process of disbanding and thus cannot accept respon- Page :36 Hay 29, 1990 slbillty for the old laundry building. She pointed out that .Everglades City is the former County seat and has a great deal of history contained tn this building. She mentioned that the National Park is expanding and this will result in an increase In tourism, thus she feels the facility will have many visitors. Ms. Reeves said that the building will be restored and equipped by the County as a branch museum in a manner far superior to what any other organization can ~chieve and a fund~n~ dr~vo will be supported by the C~ty Council, the Lions Club and other local organizations, as well as local citizens volunteering to staff the facility. Unfortunately, she sa~d, there ks no money in the Everglades City budget for restoration and upkeep. Commissioner Saunders queried, ~f the County accepts the building as a donation, is the county then obligated to operate it as a museum. Mr. O'Donne]l s~]d the offer of donation includes a stipulation that ~ be operated as a musetlm and if the County does not take steps to do that, it will revert to the Lions Club organization. He said that the tenant plans to move from the building by November 1 of this year. Com~issioner Shanahan asked if the property can be accepted by the County contingent upo~ the passage of the tourist development tax, and then use fun~s from that tax for the purpose of museum development. Commissioner Volp,~ added that perhaps It will qualify for designation on the National Historic Register, and then funds in the form of grants may be available from the federal government. He noted that obI~gation of the County to take it over, restore it and operate the building as a museum may be too much to ask at t;~ present time, con- sidering the budget situation. Commissioner Hasse asked if the County museum is full of exhibits at the present time and Mr. Jamro answered that it is, and although the museum property has some room for more structures, a building of that size cannot be accommodated on the museum property. He added that many exhlb]ts aru In preparat]on for the structure now Co~ssioner Shanahan moved, seconded by Comm~ssione~ Goo(~ntgh~, to accept the donation of the Evergladee Laundry building following Page Nay 29, 1990 the successful passage of the Tourist Development Tax, the deed to be accepted formally after the September referendma, contingent upon its pllllgl. County Attorney Cu¥1er said that his staff will work out the pro- visions to be included in the deed and return with it at a future dar ~}. Upon call for the question, the motion carried unanimously. Item ~gD! AGI~EF.~ENTS WITH WYNDEMERE FARMS DEVELOPI4ENT, INC. AND AI~NT NO. 8 TO THE CITY-COUNTY WATER/SEWER INTERLOCAL AGREEMENT PROVIDING WATER SERVICE TO WYNDEMERE PUD - APPROVED Mr. Fred Bloetscher, Assistant Utilities Administrator, said that the reason for this staff recommendation is that the Wyndemere PUD currently receives raw, untreated water from the City of Naples, but the treatment plant at Wyndemere is at full capacity. The County, he said, can provide water to Wyndemere within a few years and this agreement ~nd r~ques:~ for an amendment to the City-County Water/Sewer Agreement is to permit the sale by the City of Naples on an Interim bulk bas~s to Wyndemere. Mr. Bloetscher noted that the County Attorney's office has reviewed and approved these agreements. Commissioner Vo]pe questioned whether hfs residency in Wyndemere constitutes ,% confJ~ct: of interest and County Attorney Cu¥1er said ~t did not. Co~ua~ee~oner Saunders moved, seconded by Co~ss~oner Goodnight and carried unanimously, to approve the Agreements with W3rnde~re Farms Development, Inc. and Amendment No. 8 to the City-County Water/Sewer Interlocal Agreement for the prov~sion of f~niehed w~ter on an interim bulk wa~er basis to the W~rndeme~e PUD. COUCh1 Page 38 May 29, 1990 ,":-,I~em S9A3 FY 90 ANNUAL UPDATE AND INVENTORY REPORT ON PUBLIC FACILITIES (AUIR) - CONTINUED TO JUNE 8, 1990 The consensus of the Board was to continue this item to June 8, 1990, at I1:00 A.M. Itea #9Fl BID 89-151! FOR DEVELOPMENT AND CONSTRUCTION OF TH~ GOLDEN GATE ~MERGBNUY SERVICES COMPLEX - AWARDED TO W. G. MILLS, INC. IN THE AMOUNT OF $865,196 Mr. Jay Reardon, Administrator, Emergency Services, said this involves an Emurg~ncy S,,rvices Complex for the Golden Gate area which will serve the Emergency Medical Services, the Sheriff~s Substation, and the Flru and Rescue Di~tric~ The design has been completed and the Board is asked to award the construction contract to ~. G. Mills, inc. of Fort Myers in the amount of S865,196 as well as to approve the proposed equity ~at,?ment and agreement between the Board of County Commissioners and the Golden Gate Fire and Rescue District, he explained. Mr. Reardon advised the Board that this project will Generate ren- tal back to the County of about $14,000 per year and a substantial savings will be accomplished by this cooperative effort. He pointed out that over a thirty year period there will be a cost-avoidance in rent of approximately $408,000. He pointed out 9ome items which include waiving impact fees and permit fees which are allowed by ordinance, noting there remains some legal questions to be addressed by th~ County A~rorney'~, Office am to which ~mpact fees may be waived. No contracts are completed for signature as yet, Mr. Reardon said, the first agreement with the Fire and Rescue group Is included for perusal and if approval is received, staff will finalize the contract, finalize the agreements, seek approval of the Purchasing Department und County Attr~rr~y'~ gffI¢:,? ;,rid brinU thc, di~cumontm b;ick to th~ Board of County Commissioners at a later date for final approval. Mr. Reardon sa~d ~he Golden Gate Fire District has indicated they will waive inspection costs as well as impact fees. Commissioner O00DO Page 39 ~ Nay 29, 1990 ~'~ Volpe asked about the impact fee staff has noted for payment and Mr. Reardon explained it is for the Florida Cities water utility and the County must pay that. Commissioner Volpe asked about including a penalty clause for W. G. Mills, Inc., if construction is not completed within 210 days. Commissioner Voipe sa~d this bid is awarded to W. G. Mills, Inc. dependent upon their construction time estimate, and if that time frame should be longest, th~n their bid tN not the lowest bid. He added that he cannot approve this contract unless he is assured the contractor will have to pay a penalty if the work is not completed within the specified time. Mr. Reardon said there is a penalty clause which is based upon payment of a fee equivalent to local rent for a facility of that size, and he will affirm that prior to bringing the contracts to the Board for final approval at a later date. Commissioner Shanahan asked about the status of the North Naples complex. Mr. Reardon said all design work, specification work, and pl. lnt work for that complex has been done and only lacks final refine- ment with the North Napi~s Fire District. It is currently a budget proposal for consideration in the 1990-91 budget, he added. Commlss~oner 5hanahan asked about the waJvlng of impact fees and Mr. Reardon 9a~d the County Attorney's office is reviewing this matter, that some fees can be waived and some cannot. He commented that the Go]den Gate F~r~ District must reimburse the county for impact fees over the amortized life of the structure or tn cash above and beyond the $140000/year rental, thus those costs will be recouped. Commissioner Hasse asked about the status of the Sheriff's sub- station at the time the Fire District takes over the structure. Mr. Reardon advised that there is a buy-out clause Jn the arrange- ment, appreciated over a thirty year period, based on an equity-use scale and the 5h[~riff's sub--station occupancy is locked in, assurinG that occupany ts guaranteed, and the rental cannot be increased. Commissioner Volpe moved, seconded by Co,missioner Shanmhan, and carried unanimously, to authorize staff to award Bid #89-1511 to W. G. Nay 29, 1990 ~!<iNllle, Inc. of Fort Myers in the a~ount of 8865,196 contingent upon a penalty provision for coapletton of construction within 210 days, for payment of tlpact fees to Florida Cities Utilities in the a~ount of $23,3&0 If this cannot be waived; to waive County controlled Impact fees, perltt costs, deaolltton perllt fees, and tipping of debris costs ~nd other Inspection fees; direct staff to ~odtf¥ the m~reeunt and equity statements; and recognize that the balance of the $1 million ClP budget Is required in part for already en~r~ site services, architect fees ~d potential contingency e~nses durtn~ construction. e,cee Rmcordln~ Secretary Kea~on replaced ~puty Clerk ~ch at 6:00 P.M. seeee Itel ~901 ST~F TO INITIATE ACTION TO I~OSE A T~O~Y MO~TO~I~ ON ~OP~ O~RS ENCLOSING ROADSIDE ~W~KS IN N~L~S P~ S~DIVISION - ~0~ M~. John Bolt, Wa~er Managemen~ Director, stated that the Naples Park Ass~ctat ion has r,~quested that the County place a moratorium on ~he prac~fce of individual homeowners enclosing roadside swales front of th. ir home~ with ~mall diameter pipes. H~ Indicated that both the South Florida Water Management District (SFWMD) and the Florida Departmen~ of Environmental Resources (FDER) have expressed their concern abou~ this prevalent practice. He further indicated that it ls recommended that this practice be curtai~ed due to water quallty and loss of s~ormw~ter re~ention issues, Mr, Bolt requested that Staff be given direction on details for drafting ~he necessary resolution to implement this action. Commissioner Volpe sta~ed ~hat he does not wunt to see the situation become worse by imposing a mora~orium in the Mr. Bolt sta~ed ~har should the minimum swale area for environmen- tal permitting no~ be currently available, the County reserves the right to remove any and ail pigs placed in drainage swales without a right-of-way permit. Co~mtssioner Volpe questioned if the proposed temporary moratorium addresses plans for improvements to the drainage area in Naples Park? 00092 Page 41 May 29, 1990 Mr. Bolt stated that the County is still proceeding with the final design of the enclosure of the ditches and is working with the necessary perm~tting agcncl(~s in order to do so. Commissioner Saunders moved, seconded by Commissioner Shmnahmn and carried unanimously, that Staff be directed to Initiate action to impose a temporary moratorium on property owners enclos/ng roads/de swales in Naples Park Subdiv/s/on. · '~ Item ~gH1 MANDATORY SOLID WASTE COLLECTION SPECIAL ASSESSMENT AGRE~NT WITH THE TAX COLLECTOR - APPROVED A~mlstant County Mdn~ger McLemore stated that Staff has Imple- mented an agreement with the Tax Collector pertaining to mandatory collection of speciai assessments. He noted that the subject contract as referenced Jn the Executive Summary, ~ill have the following changes: Pa~e .$, Paragraph 8 shall read: To reimburse CCTC for equipment costs incurred by CCTC to provide service to BCC under this Agreement (such estimated equipment described in Exhibit A attached hereto), CCTC shall receive from BCC: A. The sum of Twenty-Five Thousand Dollars ($25,000) payable within 30 days from the date of this Agreement; The sum of Twenty-Five Thousand Dollars [$25,000) payable within 90 days from the date of this Agreement: Page 4, Paragraph 9 shall read: CCTC shall receive from BCC a fee of three percent (3~$) of the total funds collected pursuant to this A~reement payable as provided tn Paragraph 6, above. Mr. McLemore stated that the contract provtde~ for collection of revenues starting ~n October of th~s year for the first service year (January, 1991) but does not automatically provide for the use of the tax certificate sa.],.-. Mr. McLemore stated that the Tax Collector is requesting a one- t~me charge of $§0,000 to offset start up cost and 3~ per annum. He 00093 Page 42 Nay 29, 3990 ~'<nnted that the 3% per annum is estimated to be approximately $114,000. Conaissioner Shanahan aoved, seconded by Conniestoner Goodnight and carried unanimously, that an agreement flor collection of ~andator¥ solid w&ete collection of special essessaente with the T~x Collector be approved. OOO94 Page 43 #9E2 29, 1990 PETITION OF LYNN CARLSON WEBER, VICE PRESIDENT, SCA DEVELOPMENT, REQJESTING THE BOARD OF COUNTY COMMISSIONERS PUBLISH NOTICE OF A TEFRA HEARING TO CONSIDER ALLOCATION OF TAX-EXEMPT BONDS FOR MULTI-FAMILY ~0USING - DELETED FROM AGENDA It was the consensus that this item be deleted from the agenda. Item #9H3 UPDATE OF SOLID WASTE NEGOTIATIONS AND AUTHORITY TO PROCEED TO BIDDING - ¢0NTINU~D U~_IL JVN~ 5, !990 Coutssioner Saunders moved, seconded by Comtss/oner Shan~ and carried unanimously, that this item be moved to the June 5, 1990 agenda and if no final agreement ham been reached w/th Waste Management, then the bidding process will beg/n. Itsm ~llAI&2 -¸1 DUDGET AMENDMENTS 90-194/90-199 - ADOPTED Coulsstoner Seunderl moved, seconded by Co~tss/oner Shanahan and cart/ed unanimously, that Budget A~end~ents 90-194 through to 90-199 be adopted. item #llD SEPTEMBER 30~ 1989 COMPREHENSIVE ANNUAL FINANCIAL REPORT - APPROVED Mr. John Yonko~Jky, Vlnance Director, stated that thu audit of the September 30, 1989 financ~al statement has been completed. He noted that the second repor~ of chapter 218 of the Floc. ida Statutes has been prepared, reviewed by the external auditors and submitted to the state. He further noted that [his report will allow the county to !i,,-perttc]pate In future revenue sharing. Mr. Yonkosky referred to the two books that the board was given. He stated that thu large book is a statutorlly prescribed book that iI ~equir~d to be pre~ented to the County Commission then it is to be submitted to the Auditor General. He further noted that the smaller book l~) a financial report that is distributed to investors, financial Institutions, bond rating agencies, Federal and !~'- 'State agencies that provide grants to the County and other interested parties of ~;overnmunt ftn~ncial statoment~, tls Indicated that the difference between the two reports is that a separate report of each ·OOtOl/ Page 4~ , May 29, 1990 constitutional officer is included in the larger book as well as an Auditor General's Section. He noted that the Auditor General Section Includes a management letter which is prepared by the auditors and contains comments on the legal compliance and internal controls that are review by the auditor. He further noted that behind this letter is the Collier County response management letter which either agrees with the steps taken by The auditors or shows a rebuttal a rebuttal from the County. He sTaTed that there is also a section for each of the constitutional officers. Mr. Yonkosky stated that the responses in the management letter by the Board of County Commissioners do not have to be bound in. Ms. Phyllis Jones of Coopers and Lybrand, indicated that in order to satisfy the requirements of the state she is presenting the ntons that her firm has rendered on the financial statements of Collier County, the Board of County Commissioners, the management letter and the seven ancillary opinions dealing with the federal grants that the County has received. She stated that the reports are clean opinions and there are no qualifications or exceptions. Commissioner Vo]pe questioned if there are any items in the mana- gement letter that are not identified and have mot been properly addressed by the County7 In answer To Commissioner Volpe, Ms. Jones stated that the respon- · sss that the County have given are adequate and are addressing the areas that have been previously mentioned, particularly the County's computer system. She lnd.icated that the management letter referenced .comments that deal ~th the security of the computer system, Mr. Yonkosky stated that it is very difficult for outside entities to access the colnput,,r ~y[~tem, but noted [he~t future plans are %o allow · them to have access to the system. He noted that the Data Processing ~' Director is taking action to provide the secttrtty that ~s needed to .be b:ailt into the system before a number of people access the system. In answer to Comm]ssione~ Volpe, Mr. Yonkosky stated the interlo- cal agreement deals with the method the impact fees a~e collected for Page 45 Hay 29, :1990 the parks and libraries by the City of Naples and the City of Everglades. He indicated that a monthly report will be compiled for the Public Services Administrator on the staff and he will in turn take action needed to be taken through the County Manager's office. Mr. Yonkosky referred to a financial item dealing with cash mana- gement. He noted that the transmittal letter indicates that the cash balance that the County had as of September 30, 1989 was $133.7 million dollars, compared to $112 million dollars on September 30, 1988 and $79 million dollars on September 30, 1979. He indicated Ghat the total cash tha~ the County has, has been Growing over the years. He noted that the interest that was earned on the three balances was $5.2 million dollars ~n 1987, $7.35 million dollars in 1988 and $12.020 million dollars in 1989. He indicated that the counties average interest yield for fiscal year 1989 was 8.99~ and noted that this is excellent in comparison to a 3 month or a 6 month "T" bill. Mr. Yonkosky sta~ed that the seven year history of the general government revenues and expenditures do not include proprietary funds. He indicated that in 1989, the general government revenues were 98.§? m~lllon dollars as compared to 1988, which was $83 million dollars. He noted that taxes accounted for approximately 53~, intergovernmental revenues accounted for 20% and for the first tlm~ in Collier County, building permits were the third revenue maker. Mr. Yonkosky responded by ~tating that the ~mpact fees that are recognized are very small in comparison to the impact fees that the county receives. He indicated that approximately $8 million dollars of impact fees came ~nto the county last fiscal year that are not recognized in the literature that he is referencing. Mr. Yonko~k¥ ~t-nt,,,1 tha! t-h~ ~econd ml~de on Roman nllmera] 7 ~n the presentation references the expenditures by function. He noted that $99.85 million dollars were actual expenditures in fiscal year 1989 and the revenues were $98.57 million dollars. He further noted that the County spent $1.3 million dollars more in general government revemles than were received. He stated that th~s is the f~rst time Page46 Hay 29, 1990 Collier County has been in this position. In answer to Commissioner Volpe, Mr. Yonkosky stated that this does effect the cash carry forward. He stated that the largest func- tional category of spending is public safety at 33.75 million dollars or 33% of the general Government expenditures. Commissioner Vo]pe questioned how the County is going to bring things back into balan¢:e again sinc~ they have spent more than they 'have collected7 Mr. Yonkosky stated that the County ts intending to use up the cash reserves which will bring down the fund balances. He stated that the County as a whole has an excess of revenues from utilities, solid waste and the internal service funds. Mr. Yonkosky referenced Roman numeral page 8 and stated that the total revenues, including proprietary funds, in 1989 generated $129 million dollars for the county as compared to $109 million dollars tn 1988. He stated that taxes accounted for 43% of the total revenues and lnterest accounted for 9.3%. He further stated that the bottom slide on the expenditure side accounted for $124.3 million dollars in 1989. He noted that there was approximately $5 mi/lion dollars in equity in the county's cash reserves. He stated that public safety mccounted for. 29.5% of the total revenues for 19['9 as compared to 26% In 1988. Mr. Yonkosky referenced Roman numeral page 9 showing the general fund balance for 9/30/89. He indicated that the solid blue line on the graph is the fund balance and the dotted blue is the operating revenues. He stated that this is used nationally by government .finance officers as a tool to indicate whether an entity has strong 'financial strength or is sliding. He stated that as of 9/30/89, the County had 12..3% [~f th~; g~n,.~ra.l fund balance for the operating budget in 1989. He indicated that as of 9/30/89, the general fund cash balance was $5.9 million dollars, and of that money, $1.9 million dollars was fn the hands of the constlttltional officers. He stated that there was a change in the law last year that states that the Page 47 May 29, ~990 ";iconstituttonal officers do not have to turn the money over within fir- tee ~ days of year end but instead they have to turn days of year end. He noted that this now brings the general cash fund down to $4 million dollars. He stated that cash receipts received during the month of October 1989 were $4,795,000 and cash disper- sements were $8,363,0o0. He further stated that the amount of cash that was to meet payroll expenses on available and other November 1989 was $438,000 del ars. He indicated that the trend has been to reduce the cash available by decreasing the reserves. He stated that two months worth of cash should be available in the reserves at all In answer to commissioner Vo]pe, Mr. Yonkosky stated that recom- mendation is to not reduce the reserves that are available. In answer to (:omm.~sst¢)ner Shsnahan, Mr. Yonkosky stated that the County's reserves should be at $9 million dollars. He stated that the ueneral fund budget ]s $50 m~llion dollars or $4.5 million dollars per month. He stated that the County ts at its lowest point in seven I' yea~s ~nd ]nd.icated that the expenditures are going up and the reser- ves are going down. Commissioner Volpe requested that a monthly "sport be prov:ded to the Board o~ County Commissioners showing how much the reserve has been debited. Mr. Yonkosky stated that Collier County maintained an AA rating of standard throughout the Certificate of Financial Achievement for the third year tn a row. Clerk Gll,3s stated tllat the Certificates of Achievement came f~om ~< the hard work of the personnel in the Finance Department and the ~ Coun[y Manager's Office. Commissioner Sh&nahmn moved, seconded by CouJes~oner Ooodn~ght and c~ried unanimously, to approve the Septembe~ 30, ~989, Comprehensive Annual Financial Repo~t. Item NANOY MENDENHALL APPOINTED TO THE ALCOHOL, DRU~ ABUSE AND MP~TAL ~ALTH PLANNIN~ COUNCIL O0 iU5 Paga 4 8 May 29, 1990 Ms. Sue Ftlson, Administrative Assistant to the Board, stated that The subject item is a recommendation for the Board of Oounty Oommissioners to appoint one member to serve on the Alcohol, Drug Abuse and Mental Health Planning Council for a two year term, effec- tive June 1, 1990. She stated that two candidates, Jeffrey Ryan and Nancy Mendenhall submitted qualified applications for the position. Commissioner Goodnlght moved, seconded by Go~iastonar Shanahan and carried unanimously, that Nancy Mendanhall be appointed to the Alcohol, Drug Abuse and Mental Health Planning Oounctl. Item #13A RESOLUTION #90-281, SUBDIVIDIN~ PRECINCT #122 INTO PRECINCTS ,Ill AND · 151 - ADOPTED Co~alsstoner Saunders moved, seconded by Commissioner Shanahan and carried unanimously, that Resolution #90-281 subdividing Precinct ,12~ into Precincts #122 and #131 be adopted. 00106 Page 49 May 29, [990 carried unanimously, that the following lteIa under the Consent Agenda i!.:~ be approved and/or adopted: .Item #14A1 IRREVOCABLE STANDBY LETTER OF CREDIT TO GUARANTEE COMPLETION OF THR EXCAVATION PERMIT NO. 59.366 "951 COI~IERCE CENTER" Item #14A2 ~IN~ PLAT OF "MOON LAKE, UNIT 5" WITH STIPULATIONS That the final plat not be recorded until the required impro- vements have been cons:ructed and accepted or until approved security is received for the incompleted improvements and that construction shall be completed within 36 months of the date of this approval. Authorize the C. halrman to execute the Construction and M~ln~en~nc'- A~lr'~emont, That no building permits be issued until the final plat is recorded. That prior to preliminary acceptance, a 6' stdewalk/bikepath will be completed alon~ the Davis Boulevard fronta~;e or suitable payment will be made to the County; as per the Moon Lake PUD. ,,6 ·/- Item ~14A3 FINA~ P[~? ~' "~00N GAKI, UNIT 4' WIT~ STIpULATI0~9 That the final plat not be recorded until the required Impro- vements have been constructed and accepted or until approved security ts received for the tncompleted improvements and that construction shall be completed within 36 months of the date of this approval. 2. Authorize the Chairman to execute the Construction and Maintenance Agreement. That no building permits be issued until the final plat is recorded. See Pages ~..~&' ~, Item ~14A4 RESOLUTION ~90-282 PROVIDING FOR A$$H$$MENT OF LIEN IN ORDER TO RECOVI~R PUBLIC FUNDS EXPENDED TO ABATE PUBLIC NUISANCE ON LOT S, BLOCK 298, MARCO BEACH UNIT EIGHT (LESTER E. WACKERNAH III AND PATRICIA WAC~RHAH) Item #14A§ May 29, 1990 RESOLUTION #90-283 AUTHORIZING FINAL ACCEPTANCE OF ROADWAY, DRAINAGE, MATER AND $~'~R IMPROVEMENTS IN "THE VINEYARDS, UNIT ONE AND TRACT 'F' AND 'K'~ EXCLUDING NAPA BOULEVARD WITH STIPULATIONS 1. Authorize the Chairman to execute t~e Construction and Maintenance Agreement. 2. Accept the Irrevocable Letter of Credit as security to ~uaran- tee completion of the subdivision improvements related to NAPA Boulevard. Item #14B1 BID PROCESS NAIVED AND CONTRACT AWARDED TO WHITH SANDS CONSTRUCTION IN THE AMOUNT OF $8,400 FOR INSTALLATION OF THE GOODLETTE-FRARI ROAD DRAINAGE OUTFALL Item #14B2 ~ASEMENT ACCEPTED FOR A TRAFFIC SIGNAL POLE ON THE CORNER OF PROGRISS AVENUE AND AIRPORT ROAD Item #14B3 PAY]~rENT TO BAR HARBOR, INC. REGARDING MARCO IS~ AIRPORT IN THE A ouNT OF 18,39?. 42 '~l~m 814Cl WITHD~ lte~ ~14C2 BUDGET ~HNDMENT IN THE ~OUNT OF 817,069 FROM RESERVES TO ~ND 301 FOR ~CHITECTU~ FEES ~OR AGRICULTU~ CE~RR DESIGN Item #1¢C3 TRANSFER OF $4,499.77 MATCHING FUNDS FROM SOCIAL 3ERVICES DEPflJ~TNENT OENERAL FUND TO THE MISCELLANEOUS GP~ANTS FUND FOR USE IN SHARED COUNTY AND STATE HEALTH CARE PROGRAM Item #1¢C4 AMeNDMeNT NO. 3 TO CONTRACT WITH ARF~A AGENCY ON AGING COV~tING COM)~NITY CAR~ FOR THE ELDERLY PROGRAM JULY 1, 1989 THROUGH JUNE 30, 1989 Item 914C5 RESIGNATION OF CLERK GILES AS TREASURER OF THE COLLIER COUNTY FAIR ~OA~tD AND APPOINTMENT OF JO}IN YONKOSKY TO SERVE AS THE NEW TREASURER Item #14D1 ACCEPTANCE OF WATER FACILITIES FOR YOUTH HAVEN, WITH STIPULATION 1 . Bacterio]og~cal testing has met the Coumt¥'s ~equlre~ents. OR Book 1537 , Pages 2226-2232 00.1_14 Page 51 Nay 29, 1990 rem #14D2 ~:~BID #90-15§5 FOR WATER METERS FOR UTILITIES DIVISION - A~ARDED TO KENT ~.TI~RS, !NC. IN THE AMOUNT OF $68f825.00 'LEASE AGREEMENT WITH JOHN PAULICH, JR., AND JOSEPHINE PAULICH, TO PROVIDE OFFICE SPACE AT 9331 N. TAMIAMI TRAIL FOR THE SHERIFF'S OFFICE IN THE AMOUNT OF $13,759.20 ANNUALLY LAKE TRAFFORD MEMORIAL GARDENS CEMETERY DEED NOS. 464 AND 622 THROUGH 630 Item #14E3 RESOLUTION 90-284 APPROVING A UTILITY EASEMENT TO COLLIER COUNTY WATER-SEWER DISTRICT FOR UTILITY FACILITIES AND RESOLUTION 90-285 APPROVING A UTILITY ~ASEMKNT TO FLORIDA POWER AND LIGHT COMPANY TO SKRVICK UTS SWITCHING STATION FACILITY NEAR THE INTERSECTION OF AIRPORT-PULLING ROAD AND ORARGE BLOSSOM DRIVE Item #14F! RESOLUTION #90-286 APPROVING A PUBLIC WORKS MUTUAL AID AGREEMENT RESULTING FROM NATURAL OR TECHNOLOGICAL DISASTERS WITH COUNTIES AND MUNICIPALITIES WITHIN THE STATE OF FLORIDA See Pages ~ Item #14F2 ANN~AL REPORT OF EMERGENCY MEDICAL SERVICES ADVISORY COUNCIL-ACCEPTED :~" IteI #14H1 See Pages AGREEMENTS CONFIRMED WITH ODELL ASSOCIATES, INC. AND GEE AND J~NSEN, ENGINEERS-ARCHITECTS-PLANNERS, INC. FOR ANNUAL PROFESSIONAL SERVICES This item was previously appFoved by the BCC on 12/19/89. / Item ,14H2 BID ,90-1544, WETLAND RESTORATION IN THE ROOKERY BAY AQUATIC PRESERVE, A~ARDED TO COASTAL REVEGETATION~ INC. IN THE AMOUNT OF $44t369.00 .Item #14H3 BID '90-1543, GROIN CONSTRUCTION FOR MARCO ISLAND BEACH NOURISHMENT A~ARDED TO COASTAL MARINE CONSTRUCTION, INC. IN THE AMOUNT OF $370,000.00 BUDGET AMENDMENT FOR RAY LEPAR PRINTING IN THE AMOUNT OF $15,000.00 TO COVER THE COST OF PRINTING THE BOARD'S AGENDA OO.t 15 May 29, 1990 Item #14H5 COI~TRACTUAL SERVICES AWARDED TO ENDANGERED SPECIES RESEARCH FOUMDATION, INC. IN THE AMOUNT OF $18,600.00 TO PERFORM SEA TURTLE MONITORING AND RELOCATION FOR THE MARCO ISLAND BEACH NOURISHMENT PROJECT Item ,14H6 DOCUMENT NOT PROVIDED TO CLERK TO BOARD OFFICE FOR THE OFFICIAL RECORDS AS OF NOV._F. MBE_R~,_.~*~]990 COMPUTER EQUIPMENT FOR THE COURTHOUSE AND HEALTR BUILDINGS AWARDED TO TRILOGIC CORPORATION IN THE AMOUNT OF $42~645.00 DOCUM~NT NOT PROVIDED TO CLERK T0 BOARD OFFICE FOR THE OFFICIAL RECORDS.AS OF NOVEMZER 1990 Item #14H7 CLARIFICATION REGARDING THE VERBAL STAFF REPORT PROVIDED FOR A REZONING ENTITLED APRIL CIRCLE WITH REFERENCE TO 30~ AFFORDABLE ~QUSI~O AND NOT 100~ Item #1411 CERTIFICATES FOR CORRECTION TO THE TAX ROLLS AS PRESENTED BY THE PROPERTY APPRAISER 1987 TAX ROLL No. 405 1988 TAX ROLL Dated 5/10/90 No, 270 No. 210/213 1989 TAX ROLL Dated 5/10/90 Dated 5/10/90 - 5/14/90 No. 129/131 Item ~1412 1989 TANGIBLE PERSONAL PROPERTY Dated 5/15/90 - 5/22/90 KXTRA 0AIR TIME FOR INMATE NO. 41811, 52082, 23749, 28365, 43933, ~',~:' 62511, 19507, 60288, 63706, 32~29 .<. Item ~1413 See Pages ~ Item #14I ~~KQ~$.~ORRESPONDENCE - F.IL~D/OR_~KFKRBED The followinG miscellaneous correspondence was filed and/or referred to the var]ous departments as indicated below: 1. Letter dated 4/6/90 to Board of County Commissioners, from B.C. Winstead, Jr., Clerk of Broward County re Resolution #90-095, Interstate Allocation of Grant Funds. xc: Neil Dorrill, Ken Cuyler, John Yonkosky and filed. O0116 Page 53 1 0 . 11. 12. 13. May 29, 1990 Letter dated 5/11/90 to Chairman Hasse, from by Romerio D. Perkins, Development Representative of Dept. of Commerce, re Taxable Economic Development Securities program, xc: Neil DorrJll, Bil] Lorenz and filed. Letter dated 5/14/90 to Whom it May Concern, from Paul R. Bradshaw, Director, Division of Resource Planning and Management, DCA, re seminar called "Visions of Quality Developments". xc: NeJ] Dorrill and filed. Letter dated 5/14/90 to Chairman Hasse, from Paul R. Bradshaw, Director, Division of Resource Planning and Management, DCA, re Contract #90-LP-22-09-01-210. xc: Nell Dorrill, Frank Brutt and ftled. Letter dated 5/10/90 to Chairman, Board of County Commiss~on(~rs, from Patrick Kenney, Environmental Specialist, DER, re Colijer County - WRR, File #]117996?5, Naples Sailing t~ Yacht Club. ×c: Nell Dorrill, Frank Brutt, Bill Lorenz and Letter dated 5/15/90 to Chairman, Board of County Commissioners, from Patrick Kenney, Environmental Specialist, DER, re Collier County - WRR File #111802535, Grand Bay Developments. xc: Nell Dorrill, Frank Brutt, Bill Lorenz and fi]ed. Letter dated 5/17/90 to Chairman, Board of County Commissioners, from Patrick Kenney, Environmental Special/st, DER, r~ Collier County - WRR, File 8111804415, Mariner's Cove Condo Association. ×c: Nell Dorrlll, Harry Huber and filed. Letter dated 5/17/90 to Chairman, Board of County Commiss~oner~, from Patrick Kenne¥, Environmental Specialist, DER, re Collier County - WRR, File #:11662685, Darefoot Beach Association. (Formerly Lely Development Corporation) xc: Nei] Dorrill, Harry Huber and filed. Copy of letter dated 5/11/90 to Coastal Lngineering Consultants0 Inc., from Tony D. McNeal, Engineer, Bureau of Coastal Engineering and Regulation, DNR, re Permit #CO-253, Permittee Name: 3ohn and S. Lynn Neher. xc: Nell Dorrl]l, Frank Brutt, Bill Lorenz and filed. Notice ~)f Public }{earing, Proposed Rule Addition to the Florida Manatee Sanctuary Act, DNR, dated 5/18/90. xc: Dorrl]l, Bill Lorenz and filed. Nell Memorandum dated 4/13/90 to Chairman, Board of County Commissioners from 3ames Shipman, Florida Association of Counties, re Service Charges on Local Government Trust Funds. xc: Netl Dorri]l, Ken Cuyler and filed. Memorandum dated 5/14/90 from Land and Water Adjudicatory Commission to Parties of Record from Leona F. Strickland, re Cao,~, #APP-90-016, Name: Regency Village of Naples issued by Board of County Commls.~.ioners. xc: Ne.il I)orr]]], Ken Cuyler, Frank Brutt and filed. Hand Delivered letter and petition dated 5/16/90 to Chairman Hasse with cc's to Commissioner Shanahan and Nell Dorrtll, from John J. Agnelll, President/CEO, re Lely Community Development District. xc: Nell Dorrlll, John Yonkosky, Mark I, aw~on and f~ l~d. 14. Minutes flied: OOil? A, Library Advisory Board minutes of 4/26/90. May 29, 1990 B. Ochopee Fire Control District Advisory Board minutes of 4/9/90. C. Parks & Recreation Advisory Board Minutes of 4/19/90 and 4/26/90 and agenda of 5/23/90. 15. 16. 17. D. Water Management Advisory Board notice for 5/22/90. Notice to owner dated 5/17/90, to D.N. Htggtns, Inc. and Board of County Commissioners for ltmerock base and paving for W.W. Transmissions Facilities under an order given by Perez-N&r, Inc. xc: Nell Dorrtll, Steve Carneli, John Yonkosky and filed. Notice to owner dated 5/15/90, to Board of County Commissioners for Water Treatment Plan Expansion at 120 Immoka],e Road under and ordur given by Addison Construction. XC: Nell Dorrill, Steve Carnell, John Yonkosky and filed. Nottce to owner dated 5/17/90, to Board of County Commissioners for plaster moldinG and trim for [{RS building under an order Given by JBA Enterprises, Inc. xc: Neil Dorrlll, Steve Carnell, John ¥onkosky and filed. 18. Notice to owner dated 5/15/90, to Board of County Commissioners for truck rental under an order given by Douglas HlGgins. xc: Nell Dorrill, Steve Carnell, John Yonkosky and filed. 19. 20. Notice to owner dated 5/17/90, to Board of County Commissioners from HD Rutledge & Sons, Inc., re pipe, fittings & accessories for the Health & Public Service building under an order Given by Dan's PlumbinG. xc: Neil Dorrtll, Steve Carn~l], John Yonkoe~ky and filed. U. S. District Court Case #88-878-CIV-T-l?C, Leonard W. Yanke vs Polk County Board of Commissioners, ,~t al. Motion for Extension of Time to F~le Answer, xc: Ken Cuyler and filed. 21. u. s. District Court Case #88-878-CIV-T-lTC, Leonard W. Yanke vs Polk County Board of Commissioners, et al. Hendry County's Motion for a Period of Time Following Stay to Answer and Respond to Dfscove~y. xc: Ken Cuyler. Itel #143 SECOND AMENDMENT TO THE EXISTING LEASE AGREEMENT BETWEEN SUNBURST URETHANE SYSTEMS, INC. , AND COLLIER COUNTY, FOR OFFICE SPACE LOCATED AT 212 S. FIRST STREET, IMMOKALEE, FLORIDA, FOR NAPLES LEADERSHIP SCHOOL, F/K/A YOUTH GUIDANCE DEPARTMENT See Pages ,~-D, / '~). _~ 29, 1990 There being no further business for the Good of the County, the meeting was adjourned by Orde[' of the Chair - Time: 6:§0 P.M. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL minutes approved by the Board on as presented J or as corrected .i :. :..: Page 56