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BCC Minutes 10/16/1990 R Naples, Florida, October 16, 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 law and having conducted business herein, met on this date at 9:00 A.M. in REOULAR SESSION 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. Shanahan Burr L. Saunders Anne Goodnight ALSO PRESENT: James C. Giles, Clerk; John Yonkosky, Finance Director; Annette Guevin and Wanda Arrighi, Deputy Clerks; Nell Dorr~ll, County Manager; Ron McLemore, Assistant County Manager; ~en Cuyler, County Attorney; MarJorle Student, Assistant County Attorney; Kevin O'Donnell, Public Services Administrator; George Archibald, Transportation Services Administrator; Frank Brutt, Community Development Services Administrator; Jeff Perry, Ghtef Planner Transportation; Sandra Taylor, Real Property Management ~trector; Wayne Arnold, Senior Planner; William Hoover, Planner; Sue Fi/son, Administrative Assistant to the Board; and Deputy Byron Tomlinson, Sheriff's Office. October 16, 1990 ~ ~ CONSENT AgEI~A - APPROVED WITH CHAN(]E$ C~oner Sh~ ~ed, ~econded ~ Co~sm~oner ~oo~gh~ '- ~ c~t~ ~tmly, t~t tM ~ge~ ~d cogent ~gen~ ~r~ ~tth tbs foll~tng 1. Item ~9H2 - Discussion concerning ~trategtc planning workshop . - Added. (County Hanager,s request.) 2. Item ~12B - Dfscusston regarding museum funding - To be heard at or before 10:00 A.M. . 3. Item ~9A1 - Workshop on affordable housing - Continued to 10/23/90. (Staff's request.) It~ ;4 ~ OF SPECI~ ~IN~ O~ 7/25/90 - ~PRO~D . ~ C~tssloner S~ ~ved, seconded ~ Co~tsstoner Goo~tgh~ ~ c~rt~ ~t~ly, to a~r~e the Minutes of the S~ctal Meeting ?' of ~/26/90. · ~ Commissioner Hasse congratulatsd the following employees and ,.presented them with Employee Service Awards: Andres A. Llorca, Road and Bridge/District ! 10 years · Teresa J. Beck, Witness Management § years Itelm ,5B1 I~RO6'~AMATION DESI~NATINQ THE MONTH OF OCTOBER, 1990 A8 NATIONAL SPINA ~IFIDa mmrra - ~D ' Upon reading the proclamation, Co~isstoner S~ ~:,'/ved, ~c~ ~ Co~tesloner ~t~ht ~d carried ~l~usly, to proclais the ~onth of Octo~r, 1990, ~ Nstional Spl~ Btfi~ ~nth. Page 2 October 16, 1990 PROCLAMATION D~SIGNATING TH~ NEEE OF OCTO~ 22 1990, AS SI~ NO TO 0 CO IS~ - ~D ' U~n reading and presenting the proclamation ~o Barbara Lawrence, ~rtha Coleman and Harry Ca9rtllian, Co~.s~oner Sanders ~ved, ~ ~ Cmt.=loner S~ ~d carried ~i,ou. ly, t~t the pF~t~ ~e~i~ the ~ek of Octo~r 22, 1990, am S~ No To Co~issloner Saunders co~ented that ~ncidents of drug abuse seem to ~ on the decline because of citizens throughout the country who donate their time to encourage youths not to use drugs. He comp/i- ~nted those citizens who have spent a considerable amount of time to ' hel~ eliminate the use of drugs In this co~unlty. Page 3 ~;! . October 16, ~990 ~'~TZOI D~.~ZG~,TZN~ TH~ ~L~ OF OCTOBER 20-28, 1990, Upon reading and presenting the proclamation to Diane Hagman, CO~l~l~r ~igh~ ~d, seconded ~ Co~issloner S~ ~d =~ ~l~ly, to adopt the ~rocl~tton desl~ttn~ the ~ek of ~t~ 20-2~, 1990, ~ Red Rlb~n Week in Golller C~ty, Flort~. Co~iss~oner Goodn]ght echoed the sentiments of Commissioner Sanders, statlng she has recently attended a ~overnment class at -;~' I~okalee High School where one of the major top,cs was Red Ribbon . Week ~d the fact that the Board of County Commissioners was one of ~%~ ~ts sponsors. She added the Juniors and seniors in this class are ~' more aware of their abtllty to influence their youn~er brothers and ~-sifters to not use drugs because of this campaign. Page 4 ~(, October 16, 1990 'Zt~m PROCLAMATION RECOGNIZING OU~ C~TON, T~ COLLIER CO~ T~ CO ~ R ~ HIS ~I~ ST~ FOR ~EIR O~ST~IN~ WO~ - ~D Upon Commissioner Hasse readln~ and presenting the proclamation to Guy Carlton, ~lmelo~r Sabre ~ed, 8.con~ ~ Co~issioner ~o~ ~ =~rl~ ~~1~, to adopt t~ procl~tton O~ ~1~, ~-~ll/er C~ty T~ Colle~or, ~ hie entire staff f~ ~Lr ~ts~ ~rk. ' ~. Page 5 October 16, 1990 ~OL~TZON 90-496 R~ I~TITION AV-90-020, HOLE, MONTES AND ASSOCIATES A~ AOENT FOR OWHER, AUDUBON JOINT VENTURE, ~QUESTING A VACATION OF A PORTION OF THE FIVE FOOT UTILITY AND D~INA~E EASEMENT LOCATED IN LOT l, BLOCE A OF THE PLAT OF AUDUBON COUNTRY CLUB UNIT ONE - ADOPTED Legal notice having been published in the Nap/es Daily News on 9/30/g0 and 10/7/g0, as evidenced by Affidavit of ~ublicatton filed with the Clerk, public hearing was opened to consider Petition AV-90-020, filed by Hole, Montes and Associates as agent for owner, Audubon Joint Venture requesting to vacate utility and drainage ease- ~:'~ ments, to facilitate the platting of a rep/at of Audubon Country Club Subdivision, further described as a portion of the five foot (5') uti- l~t¥ and drainage easement located in Lot l, Block A of the Plat of Audubon Country Club, Unit One, as recorded in Plat Book l§, Pages 30 through 3§ of the Public Records of Collier County, Florida. ~,;: Transportation Services Administrator Archibald explained this is a request to vacate a side yard easement within Audubon Country Club. He stated all single family lots in the Audubon area contain side yard easements. He reported this vacation is due to plans to_replat a portion of Audubon Country Club and in so doing, the developer will be able to increase the size of Lot 1. He men- tioned the current easement, which is available for utility and drainage purposes, is not used and will not be necessary for that development. He stated that letters of no objection have been received from the uti/it/es companies and the homeowners a'~eoclation. Commissioner Hasse asked if it would be appropriate to vacate the remaining half of the easement? Mr. Archibald replied it would be very appropriate except in this ~m~rticu~ar caee, Lot ! does not have an adjoining lot to the north. ;.He ~tated the plat for Audubon Country Club stipulates that side yard · aeements only apply to platted lots, and the north side of Lot ! is the golf course. En answer to Commissioner Volpe, Mr. Archibald e~plained the · drainage easement between Lots ! and 2 will remain intact, therefore, Page 6 October 16, 1990 ?~:the drainage system that is in place will not be affected. ' Commissioner Shan~uhan ~ovsd, seconded by Contes~oner Volpe and c~ ~~ly, to clo~ the ~bl~c hearing. ~estO~ S~ ~ed, eeconded ~ Co~iss~oner Vol~ ~d st~f, ~re~ ~t~ng ~eolution 90-496. Page ? October 16, 1990 Ie.~iOLUTZON 90-497 l~ PITITION SNP-90-I?, ~RRY C0LI OF HOL~, NO~S ~TI~ ~DIVISION ~S~ P~ ~OVAL FOR AI~ORT RO~ JOI~ ~ - ~D S~CT TO PETITIOnerS A~~ SHEET AS Legal no~Ice having been published ~n the Naples Daily News on September ~, 1990, as evidenced by Affidavit of Publ~cation fi/ed with the Clerk, public hearing was opened to consider Pet/t/on SMP-90-1?, fl/ed by Terry Cole of Hole, Montes and Associates, Inc., represent~n~ Willi~ Schwetkhard~, Trustee, request~n~ Subdiv~ston Master Plan ~roval for A~rport Road Joln~ Venture, for property located on the ~st corner of Airport-~llin~ Road (CR-31) and Pine Ridge Road, ~in Section 1~ To~shl~ 49 South, Range 2~ East consisting of 7.5 in Collier County, Florida. Planner Wa~e Arnold presented to the Board a revised Agreement Sheet along w~th a revised Subdivision Master Plan. Be explained the petitioner is requestln~ approval of four commercial development ~ tracts and one wetland preserve and water management ~ract. He sta~ed ?access to all ~arcels will be from Museum Drlve, with no access being allowed directly onto A~rport-~lltng Road. ~e said this project within a mixed use activity center and is consisl'ent with the Com~rehensive Plan. He added Staff and the petitioner have been work~n~ together ~o revise the Agreement Sheet which has resulted three changes. He said the major thrust of the changes ar~. regarding r~ht-of-way dedication and necessary improvements to ~CA Road. reported the f~ret change, Stipulation 9, contains language tha~ a/lows ~CA Road to be improved to levels satisfactory to the Tr~sportat~on Services Administrator, and also ~ves the petitioner the ability to make a pa~ent to ~he County in lieu of dolng the 't~ actual cons~ruction for that road Improvement. In answer to Commissioner Volpe, Mr. Arnold sta~ed the change will brin~ ~CA Road u9 to a collector road standard. ~ Mr. Arnold no,ed a minor chan~e In Stipulation ~0, ~der the water ~a~ement section. He sa~d the revised lan~age gives the petitioner Page 8 October 16, 1990 ,the ability to modify the water management system as shown on the master plan. He advised that a third change, in Stipulation 3, under Tr~neportation, is deletion of the word "future". Oommissioner Hasse asked for an explanation of that change to the -:Agreement Sheet. !:~ Mr. Archibald reported that condition in the agreement only addresses any past actions between the property owners and Collier County so that the County will not be liable for any cost associated with prior condemnation or eminent domain action. Mr. Arnold advised the Board that Stipu~ation 8, under Transportation, has been rewritten so with a dedication of 25 feet of right-of-way along Pine Ridge Road frontage remaining; however, the Airport Road frontage has been changed to a requirement for dedication of a 25 foot easement. He commented this change is a compromise bet- ween Staff and the petitioner, resulting with the same accomplish- manta. Mr. Arnold continued, indicating Staff is requesting a third alternative to locations for water lines be added to Exhibit A. Co~missioner Volpe asked if the 2§ feet of right-of-way being dedicated along Pine Ridge Road and the 25 foot easement along Airport ~-?'Road will be adequate to accomplish the future sJx-laning of those roads, to which Mr. Archibald replied in the affirmative. Mr. Arnold continued, stating that a few deletions have been made because of the changes in the Agreement Sheet. He said o,... is the requirement for a 15 foot utility easement, which is no longer necessary, and another is related to impact fee credits regarding dedicatlol~ of right-of-way. He concluded Staff is recommending appro- va/ of Petition SMP-90-I?, sub~ect to the revised Agreement Sheet and the changes noted in this meeting. Commissioner Volpe noted this tract of land is zoned C-l, which is ~'a classification of zoning in the process of being changed. He asked what Staff,s recommendation is on how to control uses on these four parcels? Page 9 October :16, :1990 Mr. Arnold responded that the C-! zoning district is fairly restrictive with a minimum lot size of one acre. He stated that should preclude any very intensive uses on this tract of land. He also mentioned that given the lack of access from Airport Road, the ~arketable uses will be limited. Commise2oner Shanahan ~ed, seconded ~ Co~Xestoner Go~lght ~d c~ ~~ly, to close the ~bllc hearing. ~eslo~r S~ ~ed, seconded ~ Co~testoner G~ght ~d =~ ~t~iy, to a~r~e Petition S~-90-27, ~b~ect to the ~ttttur~l r~ts~ A~ee~nt Sheet ~ the c~gle not~ tn this ~et~, t~e~ ~opt~ng ~eolution 90-497. Page '~, ~ October 16, 1990 ~ O--~DER 90-5 & RESOLUTION 90-498 RE DOA-90-5, MARE MORTON, A~XIIT FOR HALSTATT P~SHIP. ~Q~STIN~ ~~ 0F D~L0~ ~ ~3 & ~L~ION 90-292, ~ AS G~ O~S, ~SU~ TO Legal notice having been published in ~he Naples Daily News on SepteRber 30, ~990, as evidenced by Affidavit of ~bl~cation filed with the Cle=k, public hea~ing was opened ~o consider ~A-90-5, filed by Mark Horton, Agen~ for Halatatt Partnership, recessing an amendment to Development Orde~ 90-3 and Resolution 90-292, ~o~ as Grey Oaks, ~u~suant ~o ~he Stipulated Agreement bet- ween the Departmen~ of Community Affairs, Southwes~ Regional Planning Co~c~l and the Halata~ Partnership, for ~roperty located in Section 24, 25 ~d 26, To,ship 49 South, Range 25 East, Collier County, Planer Ron N~no explained DOA-90-5 ~8 a petition tha~ results f=on a Stipulated Settlement Agreement between the proprietors of the ~a[statt ~velopmen~ of Regions3 Impact, the conpan~on PUD and the Department of Co.unity Affairs (DCA}. He ~eported the issues addressed ~n the agreement concern hurricane evacuation and t~anspor- ta~ton. He said the transportation ~ort~on t~e8 the development more o~c~fica]ly ~n~o ~he County's adequate public facll~ties u~stem. He i the agreemen~ sets forth conditions u~der which A~eas of S~if~c~t Influence (ASI) will be addressed should levels of service on ~mpacted roads fall below the~ designated level. He advised that, although the County ~s a silent member in the negotiating process, the Cowry Attorneyss Office has issues needing to be addressed that are outside the scope of the settlement agreement. Assistant County Attorney Studen~ referred ~o page 25, sub- paragraph d.([), of the amended development order/resolutio~, reporting that additional lan~age ~s being requested, which will s~a- ts: "~y ~endment ~to the transportation portions, of that Ord~n~ce...- She sa~d that will give ~he County the flexibility ~o Page October 16, 1990 other portions of that Ordinance without having to make those !:i'~umendments specifically applicable to this development order. Commissioner Volpe asked what the purpose is of limiting the applAcability of the Adequate Public Facilities Ordinance as it existed on July 1, 19907 Ms. Student replied DCA is concerned that the County might amend '~ths ordinance in a manner that would be less stringent than it is now. She said this stipulation will gave DCA the opportunity to review any traffic impacts related to this development, should that occur. George Varnadoe, representing the petitioner reported that DCA, Southwest Florida Regional Planning Council and the applicant are al/ An agreement with the proposed change. George Keller, President of Collier County Civic Federation, pointed out that the intersection being impacted by this development will require overpasses on both Airport Road and Golden Gate Parkway. He asked if enough land is being provided for these overpasses? Mr. Varnadoe said the transportation impacts of this development have been studied for over two years and coordinated carefully with Southwest Florida Regional Planning Council, the State and the MPO. He stated there is a provision for an urban interchange flyover of Golden Gate Parkway over Airport Road. Sswsll Corkran indicated his concern regarding the levels of ser- vice on roads that this development will impact, stating that sections of those roads are deficient. He said State statutes require the County to apply level of service standards prior to approval of deve- lopment orders. He reported a determination of when concurrency should be met is also a requirement. He added that in previous con- versations with County Staff, he has received no response to questions he raised on these issues. Commissioner Saunders asked the County Attorney if he is satisfied with the appropriateness of approval of this item, to which County Attorney Cuylsr replied in the affirmative. C~iesioner Shana.ban moved, seconded by Couissioner Goodnight October 16, 1990 c~r~ted ~n~at~ousl¥, to clos~ the ~bllc he~t~. ~ ~1~ ~lmly, to a~r~o Petition ~A-90-5 with tha pro- ~ ~ l~ge, t~re~ adopting ~velo~nt Order 90-5 ~d Page 13 :i~ October 16, 1990 Xtn ,X2B 'P.~_~CU~$ION REGARDING MUSEUNFUNDING - NO ACTION County Manager Dorrlll reported this item is being heard at the of the Board in order to clarify issues surrounding museum g. He apologized to the Board and the citizens of Collier !County for any perception of deception that has resulted surrounding i~.this issue. He also stated that it has always been his intention to attempt to move the museum out of the genera] fund and to create a special perpetual trust fund, so that the museum does not get caught iup in annual concerns related to the budget process. He said that ~i[historically, the museum has been one of the first programs to be cut ..when the County Manager and the Board are concerned about ad valorem taxes. He suggested that in order to have a viable and increasingly ~uccessful museum, it must be removed from the general fund. Commissioner Saunders mentioned he asked for this discussion in order to clarify the issue of use of the tourist tax for support of the museum. He said the voters may need clarification to continue to have confidence in County government. He said that perh~,.., sub- sequent to the budget workshops, an additi~nal indication should have .been made regarding where those funds will be allocated. He added that another item on this meeting,s agenda, the consideration of establishing a citizen's committee for review of the sales tax, may help eliminate any perception that the Board is not trying to be as up front as possible. Commissioner Shanahan agreed with Commissioner Saunders, and stated his support of the County Manager. Commissioner Volpe asked if the final budget identifies the reve- ~<. ~. nus source for funding of the museum as being the sales tax? County Manager Dorrill replied there are three sources of funds for the museum in the budget: the general fund a property tax sub- ~ sidy of approximately $60,000 and a proposed tourist tax supplement ii:to that budget of approximately $120,000, which will require future ~Board action if that were to occur He said an additional $80,000 in October 16, 1990 Capital improvement funds that are property taxes, but come from the i!)!S01 funding source, will be used to complete the Children's Discovery Cottage. ~:. In answer to Commissioner Hasse, Kevin O'Donnell, Public Services Ad~inistrator, stated the monies in the museum's capital project funds, are new monies that have been appropriated to continue with development of the Children's Discovery Cottage. Commissioner Volpe mentioned that in previous discussions, it was indicated that funds from the tourist development tax would replace ad valorem taxes to fund the museum. County Manager Dorrill reported that is subject to future Board !(.action or the decision made again ~n next year's budget process. He said there is a balanced, funded budget for the museum this year, but in order for that to occur, the Board must approve those operating funds from tourist taxes. He etated that will not be settled until the litigation is concluded and the County has a series of lnterlocal agreements for all of the various parties interested in obtaining '-those funds. Commissioner Hasse asked if there has been a reductlu,, in funds for the museum for the coming year? County Manager Dorrill indicated there is a minor reduction of approximately $500. He added that the museum received all the funds they requested, with no cuts having been made by the County Manager's Office or the Board. Chris Lombardo, President of Friends of the Collier County Museum, reported that his organization is comfortable with the funds allocated to the museum and also with the representations made by the County ~JManager. He said placing a portion of funding into the bed tax is a good idea and will help protect the museum in the future, because it will not be subject to the problems associated with being a part of the general fund. He said they are also very pleased with the oppor- tunity to petition the Board for additional funds from the bed tax for · upplemental programs and expansion of the museum. He also clarified Page 15 October 16, 1990 that the Friends of the Museum were not contacted regarding d~scuss~ons that have appeared in the newspaper. Charlotte Westman declared her support for County Manager Dorrill. Commissioner Volpe asked when a spending plan will be in place for tourist development tax? County Manager Dorrill stated requests are already being received ' from a variety of groups. He said, pending the outcome of the litiga- i'tion, a procedure is being developed for applications for grants that /. will either take the form of an interlocal agreement or a contract between the Board and each successful entity. He said there are cer- n/ rain requirements for auditing and program, uses of the money. He ? added the Board will also need to reconstitute a tourist development .'.council as part of the process. He reported the initial grant process ~till be on the Board's agenda next week. Commissioner Shanahan commented that it is important to put ~...together that committee as quickly as possible. County Attorney ...,!.,iG~/¥1er indicated that will also be part of next week's agenda. TH~A~ WOOD OF V~A, BROWN, STANL~"f & MARTIN, P.A., REPRESENTING SIGN OP TH~ VI][~ R~STAURANT, REQUESTING AN AMENDMENT TO THE ZONING ORD~ IN O~X;E~ TO PROVIDE FOR SHARED, OFF-SI'rE PARKING - STAFF TO I]%~F~"~IQATH INCORPORATING THIS REQUEST WI'IH TWO MODIFICATIONS L'R~UNDER CONSIDERATION Planner Hoover presented this petition, which is a request for an ~:"~ amendment to the County zoning ordinance by adding subsection 8.12f, /!~' which would allow provisions for shared parking. He said Staff is ~ ~ currently working on two other related parking amendments to the g ordinance. He reported that one amendment is off-street !? pa/'king which would affect the required amounts for each type of land use. He stated the second amendment under consideration is off-site parking under the same ownership. He advised the proposed petition i'~i~ would allow off-site parking not under the same ownership. He com- ml%nicated that Staff feels it is appropriate to incorporate this peri- with the two already under consideration which will allow the ~Board, County Staff and the public to review all three amendments at October 16, 1990 'the sa~e time. He advised that Thomas Wood, representing the peri- has met several times with Staff and has agreed to use the County's draft with one modification. He concluded that Staff recom- mends the Board approve this request to allow Staff to amend the zoning ordinance to provide shared parking provisions. Commissioner Saunders commented it is more appropriate to direct Staff to review the shared parking amendment and bring back recommen- dations, as opposed to approving Staff to draft the ordinance. In answer to Commissioner Volpe, Planner Hoover explained that the petitioner bought a restaurant that, unknowingly, the previous owner had modified numerous times mostly without the zoning ordinance. He stated while Staff was doing research related to an addition planned by the petitioner to a caretaker's residence on the site, they found there were numerous additions without building permits that were encroaching into the parking area. He said they found there is no ~i~i' longer the required parking on site that is necessary for a restaurant ~ of that size. He reported this has been turned over to Compliance Services, and if this petition is not approved, they plan to pull seats out on 1/3/91, to reduce the size of the restauran' ':o the actual parking on site. Oo~aismioner Saunters moved, aecon~ by Co~iamioner Shanahan and ~.~ie~ unani~ously, to direct Staff to investigate the issue of · h~re~p~/'kin~ u requested ~ this ~blic ~tttion, for consideration wi~ ~ ~ ~te ~r~tly ~in~ drafted. ~ D~ ~ DISCO~I~ ~GOTIATIONS ON ~ ~O~S~ ACQUISITION ~ ~ ~CO SI~ ~A~D ~JAC~ TO ~ ~ISTING O~NT C~S S~dra Taylor, Real Property Management Director, gave the Board a status report on the proposed acquisition of the Texaco site adjacent to the ex/etAn~ government campus She concluded that it is Staff's reco~endatton not to pursue the acquisition at this time due to the difference tn appraised value and minimum sellin~ price a~ stated by the property o~er'e representative, and possible contamination October 16, 1990 i's~tles. She added that it iS probable that the Gargiulo site will be purchased prior to year end and utilized for necessary government cam- pus expansion. C~/~i~ner Sa~mders ~vwd, sec~ndsd bF Co~sstoner S~ ~d ~i~ ~i~ly, to direr Staff to cede ~ther :~ ~ ~ Taco site ~d t~t this Assistant County Manager McLemore stated this item is in response to prior action on Au~st 14th by the Board. He said, at that time, the Board gave authority to Staff to approve and execute the Real Estate ~rchase Option Agreement relative to the Dewey Gargiulo pro- '' ~rty. He reported the Board also provided Staff the authority to .~/~]~r~est proposals for a credit faclltty and a private placement faci- ~ty to ~rchase this property. He advised the bid and evaluation process have been completed, and Merrill L~ch the placement agent He also mentioned that Mr. Gargiul,, has no interest in entering into o~er financtn~. Co~isetoner Vo/pe recalled that the acquisition and improvement of this property has been identified as a non-CIE pro~ect, and funds have ~en allocated from the one mil/ capital improvement le~ for ] th~s property. Mr. McLemore stated there are funds earmarked in this year's ~et for this pro~ect, which will be the first installment on the five year lease a~reement. Co~is~loner Volpe stated that since this is a financin~ arrange- ment to ~rchase the property, why not use the funds tn the non-CIE ~.bud~et. He asked how the non-CIE funds will be used for this pro~ect? Mr. McLemore indicated there are not sufficient funds in the one mill fund to pay cash for this pro~ect. He said the reasoning behind ~hfs proposal is to go into the market to find a credlt faci- October 16, 1990 .,~fl~t¥ that ts better than the line of credit the County has. In answer to Commlssloner Volpe, Mr. McLemore responded that $500,000 of the 301 non-CIE budget for this year has been allocated for this purchase. ""i.!~ - Marc Samet with Citizens and Southern National Bank (CMS), the Board that because the majority of the line of credit with SunBank is already encumbered, two actions were undertaken: SunBank was approached to increase the line of credit to accommodate this project: and 2) alternative proposals were sought to find other financing mechanisms that might produce a better overall interest rate if., and expenses for the County. Of the 11 responses to the request for proposals, he concluded, Merrill Lynch has been recommended as the placement agent of choice for this particular financing. In answer to Commissioner Volpe, Mr. Samet stated the term of the is five years. He also mentioned that, should SunBank decide to increase their line of credit, that will remain an option in case the interest rates become volatile. "e:' John Yonkosky, Finance Director, further explained th". if SunBank ~:~ncreases the line of credit, it will be provided under the same terms ::~the Oounty now has. He stated if negotiations with Merrill Lynch return at a greater amount than what the line of credit interest rate is, Staff will bring a recommendation back to the Board to take advan- tage of the line of credit with SunBank. C~/~ner Shanahan ~re~d, ~econded by Coaatssioner Goodnight mn~ =~---'rte~ unanimously, to approve Merrill Lynch as the placement m~n~= ~ that Staff, the Financial Advisor and the County's Bond ~1 line muth~r~zed to pur~us the afors~entioned financing plan to &~ ~ ~r~v~ the Oargiulo property. ~e l%~=~s: 10:3~ A.M. - Rsconv~ned: 10:~O A.M. at which time Deputy Clerk Arright rep/aced Deputy Clerk (tuevin Xt~ ~CRAT~I~ PLA~NIN~ ~ORKsHOP TO BE HELD OCTOBER 30~ 19~0 AT 11:00 A.M. County Manager Dorrtll stated that Staff is completing the pro- Strategic Plan which will list the top one hundred projects for '49 ag. October 16, 1990 ~he County. He commented that this Plan will be submitted to the '~<Board for their direction on goals and objectives for the coming year. He added that these priorities which will be set by the Board will give a ~uideline for performance measurement of the County Manager on an annual basis. County Manager Dorrill pointed out that strategic planning has not been strongly pursued in the past; however, he noted ~.that it is important in order to help the County Managers' Office stay focused on what the Commissioners feel are the priority issues of the County. He suggested that the October 30, 1990 Regular Session agenda 'be shortened to allow for a half day session for strategic planning everyone will be around a conference table and can openly discuss what the priorities of the County are. He advised that the strategic planning session will be a public meeting as required and the press will be invited to attend the meeting. C~e~a~t~r S~unders ~v~d, seconded by Coitsetonsr Shan~han and c~rted un~n~l¥, to schedule a Strategic Planning Norkshop for 11:00 A.M. on October 30, 1990 in the Boardrooa, and advise the ~ublic l~ ~A 1AA&2 90-42 · 0-42~' 1-! TH~0O~IH 9X-4 - ADOFT~D C~/~ioner Shanah~n loved, seconded by Commissioner Saunders and c~xTAed ~n~n]~cnl~l¥, that Budget A~end~ents 90-423; 90-426; and 91-! ~ *~-4 be adopted. Cma~Assion~r Sh~nahan ~ovsd, seconded by Co~alesioner Saunders and cam'rind unani~mu~l¥, tha~ Bud~ A~end~en~ Re.olu~ion 90-36 ~ Pa~ 20 October 16, 1990 ia~m~rr ~OR &~D~?Z~ ~gD ACCOU~.~I~ S~VZC~S FOR ~ F~SC~ ~S ~ ~~ 30, 1990 ~ 1991 ~ C~S ~ L~ ~ ~~ ~ JO~ YO~O~, FIN~CE DI~CTOR, ~ ~0~ C~I~TOR - ~D Ftn~ce Dt~ec~o~ Yon~o~ky s~a~ed this t~em t8 a recommendation the ~ard to ~evlew and approve the auditing and accounting services ~c~tract with the auditors for fiscal yea~ ending Septembe~ 30, 1990 ~d Septembe~ 30, 1991. Hr. Yo~os~y reminded the Board t~a~ on July 31, 1990 ~e~ accepted the ~a~tng o~ public accounting ~trms as presented by Auditor Selec~ton Co~tt~ee. He noted tha~ at ~ha~ ~tme ~he Board directed the Finance Dt~ec~o~ and the County Attorne~ to negotiate a ~o yea~ contrac~ ~t~h ~e option ~o exten~ the ag~eemen~ ~o~ one yea~ at the discretion o~ the Board. He informed tha~ ~he xgreement Is a ~esu~ o~ t~e Boa~d*s directed nego~ta~ton~ and ou~ tha~ it ts different ~rom the past agreements ~htch ~ave been used fo~ this purpose. He explained that the p~oposed ag~eeme~ t~ po~attng a new concep~ w~tch ts u~ed by several Counties and closely the contrac~ t~a~ ts used as a u~tltttes standaro ;ontrac~. ~r. Yo~os~ advised that the proposed agreement ts basically pa~ts. He e~latned tha~ the first par~, being ~ecttons 1 through 26, addresses ~he standard re~t~emen~ ~hat ~he County A~to~ney and S~a~ ~s developed ~o~ cont~act~ and includes ~:ee Hr. Yonkosky sta~ed ~ha~ Exhibit "A" contains ~e scope o~ p~o- feestonal se~vtces. He noted tha~ the basic services a~e tden~led as the annua~ audl~ as re~ired by Florida Sta~u~es, Section 145, and accoun~tng services con~tdered anctllar~ ~o ~e audt~ ~uch a~ bond s~lces, utility rate ~evtews and actua~tal/~ts~ managemen~ services. H~ remarked tha~ ~hese ~ere 11s~ed as pa~ o~ ~he basic se~tces the Board w111 have ~e option ~o approve ~o~k o~de~s ~o~ t~e~e Vices. Hr. Yon~os~ exp~alned ~ha~ Exhtbl~ "B" addresses compensation and ~e~hod o~ pa~men~ ~or bo~h auditing and ancillary servtce~. He Page ~ October 16, 1990 :ifi~ that hourly rates and other parameters are "locked-in" for the ~two year period. /: In response to Commissioner Shanahan, Mr. Yonkosky affirmed that ~the ~aaximum cost is $155,000 plus up to a 6~ increase the second year for auditing services if no other services are used. He added that only two sections o~ the compensation portion of this contract deals with extra expenses which are the actuarial and utility rate reviews along with the technical expertise expenses. Mr. Yonkoeky called attention to the four new statutory require- ~nts that the Board of County Co~ssioners have to report which are the Conflict Attorney Expenditure Report, Criminal Justice Trust Report, Sheriff's Investigative ~nd Report, and Tax Collector's Sa/~ater Ftshin~ L~cense Fund Report. Mr. Yonkosky noted that the fee ts a 13.12~ increase over prior year~ for auditing, however, a review of the County reveals many c~ges since 1987 such ae the growth, assets, and expenditures. ~i~ ~i~ly, to a~r~ t~ A~tting A~mt w:~' C~rs Mr. Yonkos~ reported that after approval of the Auditing Contract as noted in Section 2.09, a Project Coordinator is to be appointed as the liaison between the Board and the auditors. Mr. Yonkoeky recom- ~nded himself as this Coordinator. ~i~r ~re m~d, seconded ~ Co~issio~r Sh~ ~d ~i~ ~~ly, to a~r~ ~. Yo~os~ ~ the ProJec~ i ' Pa~ 22 October 16, 1990 oy A co~xg s~ ~son~o~ ?o ovxasgg ~ax s~gs which ~uld assure the co.unity ~hat the funds being expended are in comp~i~ce with the Laws of Florida and County Ordinance 90-3~. ~i~ S~ro ~v~ t~t the ~d of C~ C~too/onero ' :.tu W ~ N~r a Re~lution ~ bright back u ~tckly u to stylish t~t Conitta. Co~lsstoner Hasse questioned why the Citizens Productivity Coutttee or one of the many other co=lttees that are already tn place could not be used for this purpose rather than creating another contttee. ;,' Contsstoner Sanders responded that the proposed co=tttee would have a very specific function with a substantial ~orkload. He pointed out that these t~e of committees encourage the involverent of the ~bltc in the County government as they become aware tha~ the County ts doin~ Its part to be efficient and open. Contsstoner Hasse proposed that a list of all the co=tttees that presently exist tn the County be drafted for review. Contsstoner Volpe asserted this type of resolution may suggest to the ~bltc that the Board of County Co~lssloners are not responsible ~ ' enough to properly admlntsLer and function as their elected represen- tatives ~d that someone needs to oversee what the Commission does. ;,: He conented that this appears that the Commission is using the com- Btttee as a buffer. He added that he ts willing to take ~he respon- sibility his elected position entails and be accountable for his acttou ~d feels that a co=tttee of thls type ts not necessary. Contsstoner Saunders assured that the intent of this committee or ~y co~tttee ts not to act as a buffer for the Board as the Board Papa 23 October 16, 1990 Will take full responsibility for their actions. He added that the Intent of the committee is to involve the public which is the aspect good government. He pointed out that the Board serves the public i: and ~ust show them their trust. He stated that he stands with his motion. Commissioner Goodntght called attention to the fact that the mem- 'bets of the Commission probably will not be Commissioners ten years ~,from now, however, a committee such as this could continue to carry i'o%1t the wishes of the people ten years hence. She stated that it has J happened that an Issue has been put before the public for a vote and ~the public interpreted the issue completely differently from what the Co~lssion interpreted it, and not until a committee came before the was this difference ever brought out and a compromise made. She disclosed that she feels that an advisory committee such as this will add credibility to the Commission. '~ Commissioner Shanahan commented that questions constantly come up as to the utilization of funds by the County and this would be a good ~ethod to involve the public. Commissioner Hasse stated that committees do play an important role in the County, but it is important to know what committees the County has and asked Assistant County Attorney Uilson to provide this with the the committees' responsibilities. O~miut~ner Shanahan secon~ the ~tton. Commissioner Shanahan questioned what the statutorial commitments regarding a tax such as this. Clerk Giles stated that the Florida Statutes require from the County an annual audit and compliance matters are to be included in ~/" the audit. He added that the County is bound by the Ordinance to be sure that funds collected by this tax are spent on the purpose they ware collected for. He advised that the audit service could be er~hanced as to the degree this fund is audited. Commissioner Saunders interjected that the proposed resolutton's intent Is not only to have an advisory committee to oversee that the Page 24 October 16, 1990 ;tatutory commitments are complied with, but more importantly to con- ivey the desires of the citizens of the County and to have the citizens of the County be a part of the system that expends these monies. Mr. Keller, representing himself, stated that he does not feel that this issue should have been brought up before the sales tax even l~lsses, and it appears that the Commission is trying to sell the public on this tax. He noted that another committee Just adds to the bureaucracy of the County government. Charlotte Westman, representing the League of Women Voters, ?]i questioned why an advisory committee is being considered for a tax that has not as yet been voted on when a tax such as the Bed Tax has approved and states in the Ordinance that an advisory committee will be formed? She suggested that this subject be discussed once the status of the sales tax is known. Commissioner Saunders replied that on the agenda for October 23 is ~: the issue of establishing a Tourist Development Council. ~ call for the question, the ~otion carried Na~ee~dVolpeoppoeed). · ee ~Balulo~er Shanahan mov~, lecon~ed by Co~tesioner Saunters ~¢~rrted unani~onsly, that the followin~ iteu m~ter the C~neent i~ be approved and/or adopted. ACCEFTJ31~E OF THZ IR]~EVOCABLE ~TAXDI~Y LETTER OF CKEDIT IN TH~ AMOUNT OF $11,157.00 TO ~UARANTEE COMI~LETION OF THE EXCAVATION ITEI~IT NO. 59.293 'OI~L]I(~TRK~ LA]~ 3-3A', LOCATED IN SECTION 23, TO%~N~HIP 48 See Pages __ NATEH~ACILITIES ACCEPTANCE FOR WNYBRID~E AT IMPERIAL aOLF ESTATES - ~ TIONN The water facilities to serve the project cannot be placed into service and no Certificate of Occupancy shall be issued until the Florida Department of Environmental Regulation fur- nishes a letter authorizing to place the sewer system ~nto service and approving the water distribution system for ser- vice. 2. Bacteriological testing has met the County's requirements. [' 3. The Fire Flow requirements of the project have been satisfied, and the Fire District furnishes a letter accepting the fire hydrant for ownership ~nd maintenance. Page October 16, 1990 ~ AND ~EMER FACILITIES ACCEPTANCE FOR RIVIERA COLOR~ GOLF :/~TAT~, UNIT IV - WITH STIPULATIONS 1.The Florida Department of Environmental Regulation furnishes a letter placing the sewer system into service. 2. The Florida Department of Environmental Regulation furnishes a letter approving the water distribution system for service and the bacteriological testing has met the County's require- ments. The Fire District furnishes a letter accepting ownership and maintenance of fire hydrants and the fire flow requirements are satisfied. 4. The Plat Book and page number information for the recorded plat is incorporated ~n the legal documents. ~E~OT~FI~XON 90-499 AUTHORIZING RECORDING OF FINAL PLAT OF 'RIVIERA ~ ~OLF E~TATE$, UNIT IV" AND GRANT PRELIMINARY ACCH%~TANCE OF TH~ .ROA~ D~AINAG~ WATER AND S~ER IMPROVEMENTS - WITH STIPULATION~ 1. Accept the Escrow/Maintenance Agreement as security for main- tenance of the infrastructure until the Board of County Commissioners grants final acceptance of all improvements. 2. Authorize the Chairman to executive the Escrow/Maintenance Agreement for Preliminary Acceptance. 3. Preliminary acceptance of the improvements will not become effective until water and sewer facilities have been conveyed to Collier County Water-Sewer District. see Page. Item 914B1 AC~EPTA~E OF A TWENTY FOOT DRAINAGE EASEMENT GKR~I~ED TO THH BOARD OF ~ COMMISSION~/~S FOR COLLIER COUNTY FLORIDA B~ SCOTTY'S, INC. See Pages Item AOCEPTA~'~ OF UNITED PARCEL SERVICE'$ (UPS) PROPOSAL FOR WATERLINE ~IO~l JET, ON~ COMMERCIAL BOULEVARD AS BET FORTH IN RESOLUTION NO. 90--61; ~TJLFF TO I~ROC~ESS A FURC~HASE ORDER IN THE AMOUNT OF $20,365 WITH P&I~E~T TO OCCI~R UPON WATERLINE INSTALLATION, AND STAFF TO DOCUMENT ~IT~R~$ TO AS~2RE FUTURE REIM~URSE~ENT FROM THE Zte~ I~2.4B3 · X~rJ~FI~XON OF AN ~ TO LKASE AGReEMeNT BETWEEN AIRM~RK mrfza~usNs oF rr..,oa~Da, ~Nc. mm ~ BOARD WS~Ca ~OWDZS See Pages ~ Item ~J. 4B4 &CC'~T~ OF RTGHT-OF-M&Y CORV~/ANCN$ WITHIN TH~ NJLPL]E$ PRODUCTIOR P~ ~ FRIV&TH LAND ~ TO COLLIER COURTY, FLORIDA, TO B~ U$]~D A~ ~IC ROAD RIG1RT-OF-WAY FOR C09~RCIAL BOULEVARD · 000 87 Page 26 , .i: October 16, 1990 :" Pages / /.3 ~ AT ~ I~~ AI~RT See Pages __~ ~ ~I~ ~ ~ ~INING ~ ~CATION~ C~ ~IC~ INC. T.E.C.E.[ TO ~ ~C~ ~I~CE " See Pages It~ ~2 ~ ~ ~ 29~-91 ~ING C0~IB~ION IN ~ ~ OF ' ~ ~I~ AI~ ~S~S ~ E~CATION~ S~CES INC. See Pages ~__ [~ ~5~ ~I~ ~ ~S ~G~D ~ ~ ~-COLLI~ CO~ ~T ~~ ~ ~A~ ~N ~ CO~ ~D~ See Pages It~ ~14D2 See ~ages See Pages ~ Zt~ See ~a~e8 ~ ~ ~I~ ~ ~ A CO~ B~ COLLI~ CO~ ,~" ffi O~OPAq[ 88 Page 27 :2 ' October 16, 1990 see Pag.e Item 914G2 BID ~90-1634 AWARDED TO ARTYPE, INC. FOR PRINTING & MAILING INFORMA- TION PROMOTING THE CITRBSIDE RECYCLING PROGRAM IN AMOUNT OF $?,613.88 Item #14G$ BODGET AMENDI~ENT FOR WATER MANAGE~NT CAPITAL FUND 325 TO RECOGNIZE CAP/~J' FOR~AKD FROM PRIOR YEAR IN THE AMOUNT OF $1,425,000 Item ,14~4 ~..GR..~ TO ACCEPT A $100t000.00 OR~ FROM THE FORD FOUNDATION See Pages 914H1 f'iCi~kNG~ ORDER NO. 2 TO THE MARCO ISLAND M~DIAN MAINTENANCE CONTRACT AMA~Z;~D TO R-B LA~N SERVICES, INC. IN THE AMOUNT OF $7,379.50 FOR ADDITIOt~kL SERVICES RELATED TO SOD REPLACEMENT ON NORTH COLLIER BOUL~ARD AND SOUTH BARFIELD DRIVE See Pages NOTE: DOCUMENT NOT PROVIDED TO CLERK TO BOARD AS JUNE i0, 1991 I'~ #14H2 Continued to October 23, 1990 Item ,14H3 ADVANCE FUNDS IN THE AMOUNT OF $1,000,000 FROM THE SOLID WASTE DEPARTMENT TO PROVIDE INTERIM FINANCING FOR THE PIRE RIDGE INDUSTRIAL PARK AREA IMPROVEMENT ASSESSMENT DISTRICT CON~ULTING LANDSCAPE ARCHITECT SERVICES AGREEMENT WITH MCGEE AND A~SOCIATES, INC. TO FURNISH LANDSCAPE ARCHITECT SERVICES FOR THE i~B~OEALE~ BE~%UTIFICATION MUNICIPAL SERVICE TAXING UNIT (MSTU) IN THE AMOU]IT OP $9,0o0.0o See Pages J 0 3 -' ~ ~ l Item #l&J1 i~ATISP&CTTON OF LIENS FOR SERViCeS PR0VlDFD BY THE PUBLIC DgFENDER MISC~OUS CORRESPONDENCE - FILED AND/O. REFERRED The following miscellaneous correspondence was filed and/or referred to the various departments as indicated below: ~ 1. Copy to BCC of letter dated 9/17/90 to Mr. Stephen M. Fain, Director of Finance, Collier County Public Schools from John A. Yonkosky, re the pari-mutuel tax distribution to Collier County. xc: Fi led. 2. Memo dated 9/27/90 to Chief Elected Officials and Other ': Interested Parties from Lewis O. Burns/de, Jr., Director, :~ Division of Housing and Community Development, DCA, re Federal Fiscal Years 1990 and 1991 Small Cities Community ~ 0~0~lS[ 89 Page 28 October 36, 1990 Develoument Block Grant Program Funding Cycle and Workshop Schedule for All Eligible Applicants. xc: Neil Dorrill, John Yonkosky, Frank Brutt, and filed. 3. Division of Emergency Management, Bureau of Public Safety Management, DCA, Grant #90-CJ-67-09-21-01-007, Title of Project, Enforcement/Apprehension, Nature of Adjustment, Budget Revision, and dated 9/24/90. xc: Don Hunter, Neil Dorrill, and filed. 4. Notice of Proposed Rulemaking, DER, regarding Limited Dredging of Sediment for Aquatic Plant Management Purposes, and dated 9/28/90. xc: Frank Brutt, Bill Lorenz, and filed. 5. Memo to BCC and Nell Dorrtll from Jane Polkowskt, MD, MPH, HRS, regarding Health Unit Report, and dated 10/3/90. xc: Flied. 6. Copy of letter dated 9/27/90 to HandCrafted Homes, Inc. of Lee County, Notice to Proceed, Modification Permit #CO-235 M1, Permlttee Name: Robert C. and Shirley M. As=us, from Tony D. McNeal, Engineer, Bureau of Costal Engineering and Regulation, DNR. xc: Neil Dorrill, Frank Brutt, Bill Lorenz, and filed. 7. Copy of letter dated 9/27/90 to Contessa Development, Ltd., File Number: C0-280, Permittee: Westinghouse Com~unities of Naples, Inc., from Tony D. McNeal, Engineer, Bureau of Coastal Engineering and Regulation, DNR. xc: Neil Dorrill, Frank Brutt, Bill Lorenz, and filed. 8. Copy of DOAH Case No. 90-4830RGM, State of Florida, Division of Administrative Hearings, re The Citizen's Political Committee, Inc., a not-for-profit corporation, and James K. Kessler vs. Board of County Commissioners of Collier County and Florida Department of Community Affairs. xc: BCC, Neil Dorrill, Frank Brutt, and filed. 9. Letter to Chairman Hasse, dated 10/3/90, from Guy L. Carlton, Collier County Tax Collector, re a summary of the tax cer- tificates held in the County's name for application for a tax deed as required by Florida Statute 197.502. xc: Filed. 10. Letter to Chairman Rasse, dated 10/1/90, from Guy L. Carlton, Collier County Tax Collector, re advance payment of com- missions due the Tax Collector for an amount equal to 1/2 of commissions on county taxes levied on the county tax roll for the year 1989. xc: Budget and filed. 11. Minutes Received and Filed: A. Golden Gate Fire Control & Rescue District Commission Meeting agenda for 9/11/90 and 10/9/90. B. Marco Island Beautification Advisory Committee minutes of 8/7/90 and 9/11/90. C. Ochopee Fire Control District Advisory Board Meeting minutes of 9/10/90. D. Parks and Recreation agenda of 9/26/90 and minutes of 8/22/90. 12. Notice to Owner dated 9/24/90 to BCC from Vitttglto Construction and Supply Company under an order given by Douglas N. Higgins for approximately 48,000 LF of 6" service laterals for the East and South Naples Wastewater Collection [, / ~'~?~,r,~. ~0 Page 29 October ~6, 1990 Facility. xc: Nell Dorrill, Steve Carnell, John Yonkosky, and filed. 13. Notice to Owner dated 10/1/90 to BCC from Sunny Grove Landscaping, Inc. under an order given by Kathleen Ridel, 'Contract Administrator, W.G. Mills, Inc. for landscaping material and services as per contract for Golden Gate EMS. xc: Neil Dorrlll, Steve Carnell, John Yonkosky, and filed. 14. Notice to Owner dated 9/26/90 to Collier County from CES Industries, Inc. d/b/a Consl. Electric Supply under an order given by D&P Electric for miscellaneous electrical supplies and equipment for EMS at Golden Gate Parkway. xc: Neil Dorrill, Steve Carnell, John Yonkosky, and filed. 15. Petition, dated, 10/2/90, re request from concerned citizens to spray to rid Section 26 of Collier County of mosquitoes. xc: Filed. 16. Public Service Commission Application for a rate increase by Marco Island Utilities (Deltona) and Marco Shores Utilities (Deltona), Docket ~900329-WS, F/led 9/28/90. xc: Neil Dorrill, Mike Arnold, and filed. 17. Notice of Intent dated 10/4/90 to BCC to Construct Works Modification to permit and Stormwater Discharge Certification No. 11-00594-S from Ben3amin C. Pratt, Surface Water Management Division, South Florida Water Management District, re Regulation Department Application #900919-5, 6-1aning Airport-Pulling Road. xc: Nell Dorrlll, John Boldt, and filed. 18. Twentieth Judicial Circuit of Florida Quarterly Report, dated September 28, 1990, from Kathryn Lyn Leib, Coordinator, Guardian Ad Lltem. xc: Budget and filed. ~ ~ IN THH AMOUNT OF $17,989 R~OO~NIZING EXCESS FUND~ '&V~ ~ OFE~ATING CAPITAL OUTLAY IN THE 19~9/90 DRUG ~RANT ¢~XF~,'S OFFI~} AND ~XT~NSION OF THE AWARD TO NOVEMBE~ SO, 1990 There being no further business for the Good of the County, the ~t~n~ was adjourned by Order of the Chair - Time: 1~:20 A.M. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL G. 8ILES, ~LERK presented / or as corrected Page 30