Loading...
BCC Minutes 09/08/1987 R - - - I Naples, Florida, September 8, 1987 LET IT BE REMEMBER~, that the Board of County Commissioners in and for the County of èollier, 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 REGU~R SESSION in. Building "F" of the Government Center, East Naples, Florida, with the following members present: CHAIRMAN: Max A. Hasse, Jr. VICE-CHAIRMAN: Arnold Lee Glass John A. Pistor Burt L. Saunders Anne Goodnight. ALSO PRESENT: James C. Giles, Clerk; John Yonkosky, Finance Director; Beverly Kueter, Deputy Clerk; Neil Dorril~, County Manager; Ken Cuyler, County Attorney; Tom Crandall, Utilities - Administrator; George Archibald, Public Works Administ'ator; Kevin O'Donnell, Public Services Administrator; Ann McKim, Plunnin~/Zoning Director; Dave Weeks, Planner; Nancy Israelson, Administrative Assistant to the Board; and Deputy Chief Ray Barnett, Sheriff's Depðrtment. Page 1 ao~~ 107 PA(',( 137 J aoo( 107 PA'ot 142 SEPTEMBER 8, 1987 Tape U Item t3 AGBNDA AND CONSENT AGENDA - APPROVED WITH CHANGES commissioner saunders moved, seconded by commissioner Glass and carried unanimously, that the Agenda and Consent Agenda be approved with the following changes: 1. Add PDA-87-5C, Berkshire Lakes PUD - Continued to October 6, 1987. 2. Add R-87-9C, Keystone Place PUD - Continued to September 22, 1987. 3. Add R-87-l0C, Rezoning request from Joseph Cali - Continued to September l5, 1987. 4. 9Fl - Update on Lely Barefoot Beach Purchase Agreement - Added. 5. 9B3 - Recommendation to approve consulting e~gineering ser- vices agreement with Hole, Montes and Associ..tea, Inc. for Phase II final roadway design services for th,' North Naples Roadway Municipal Service Taxing and Benefit Unit (MSTU). Continued from August 25, 19B7 - Added. 6. 9C2 - Report regarding Tigertail Park Concession - ~oved from Item 14C3. 7. lOC - Discussion on insurance contractual provisions hold harmless clause - Moved from 9El. O. lOB - Discussion of bankruptcy consideration regarding Avatar - Added. Item UBI ORDINANCE 87-67 AMENDING ORDINANCE 82-2, THE COMPREHENSIVE ZONING ORDINANCE, SECTION 9.7, SPECIAL REGU~TIONS RESTRICTING THE PARKING OF COMMERCIAL AND MAJOR RECREATIONAL EQUIPMENT - ADOPTED Legal notice having been published in the Naples Daily News on July 24, 19B7, as evidenced by Affidavit of Publication filed with the j / Page 2 - - - \. SEPTEMBER 8, 1987 Clerk, p'Jblic h~aring was opened to consider an ordinance amending Ordinance B2-2 of the Comprehensive Zoning Regulations for the Unincorporat~d Area of Collier County, FL., by amending Section 9.7 special regulations restricting the parking of commercial and major recreational equipment. Planning/Zoning Director McKim stated there is presently an overlay district in the Zoning Ordinance which applies only to Marco Island, which has a more restrictive set of standards than the rest of the County for parking recreational vehicles. She advised that recently a violation went to court and the judge stated this section of the Ordinance was a little vague. She said that this amendment is in response to the court view, and the word "opaque" has been defined along with other clarifications. Mrs. McKim stated that the Collier County Planning Commission made severðl suggestions during their public hearing and thcle suggestions have been incorporated into the amendment. She stated Staff recom- mends approval. In answer to Chairman Hasse, Mrs. McKim stated this overlõy district will only apply to Marco Island. Commissioner pistor moved, seconded by Commissioner Goodnight And oarried unanimously, that the pUblic hearing be closed. Commissioner Pistor moved, seconded by Commissioner Goodnight and carried unanimously, that the ordinance as numbered and titled below be adopted and entered into Ordinance Book No. 28. Page 3 BDDK 107 PAG£ 143 ..1Ì-J,: }7~~' ~ . . . '1;.',' f... . t1J" ' ~ì~!:'j , to/ Lfiã 107 nr,! 144 '"J" , ,... ..~f jI'- ~~"... :,. " .~.,:,.~ f I'~ ., '... ¡~~,," ~~<"';; . '._. :.h/' ..... :,f"' /oi r., -''".....~,.,..~,,_......... . .-.- SEPTEMBER B, 1987 ORDINANCE NO. 87-67 AN ORDINANCE AMENDING ORDINANCE B2-2, THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY BY AMENDING SECTION 9.7, SPECIAL REGULATIONS RESTRICTING THE PARKING OF COMMERCIAL AND MAJOR RECREATIONAL EQUIPMENT, SUBSECTION "c", PROCEDURE FOR ESTABLISHING RESTRICTED PARKING OVERLAY DISTRICT, SUBSECTION c.l) TO DELETE THE WORD "CARPORT" AND TO CLARIFY; SUBSECTION c. 3) (a) (2), EXCEPTIONS, TO DELETE THE WORD "r,ARPORT" AND TO CLARIFY; SUBSECTION c.4) TO LIMIT BOAT TRAIL~RS, TO CLARIFY, AND TO DELETE THE WORD "CARPORT"; TO ADD A N~''¡ SUBSECTION c.5), BOATS, TO PROVIDE CRITERIA BY WHICH TO STORE BOATS; SUBSECTION c.5) TO RENUMBER TO c.6); SUBSECTION c.6) TO CLARIFY AND TO RENUMBER TO c.7); AND BY PROVIDING AN EFFECTIVE DATE. Item t6Cl ORDINANCE 87-68, AMENDING THE BOUNDARIES OF THE LELY GOLF ESTATES BEAUTIFICATION M.S.T.U. - ADOPTED Legal notice having been published in the Naples Daily News on August 19, 1987, as evidenced by Affidavit of Pu~lication filed with the Clerk, ;)ublic hearing was opened to consider an ordinance amending Ordinance 86-34 as amended by 86-7l byõmending the boundaries of the Lely Golf Estates Beautification Municipal Service Taxi~g Unit. Public Works Administrõtor Archibald stated this amendmcnt adds one tract to the Lely Golf Estates Beautification M.S.T.U. He stated that all developments that lie within the Lely Golf Estates area are included and will be subject to the l/4 mill tax in the upcoming year. He noted that, in accordance with Board direction, this change inclu- des the Cypress Gate Condominium located at the entrance to Lely Golf Estates at U.S. 4l. In answer to Commissioner Pistor, Mr. Archibald stated there was Page 4 " " / - - - \. SEPTEMBER 8, 1987 an earlier modification to this M.S.T.U. which included commercial properties. He said this modification includes multi-family property. Mr. Robert Cole, Lely Civic Association, stated that Cypress Gate Condominium is being added because it was omitted when the Taxing Unit was established. He stated they would like this item and the next item approved. commissioner pistor moved, seconded by Commissionor Goodnight and carried unanimously, that the public hearing be closed. commissioner Pistor moved, seconded by Commissioner Goodnight and oarried unanimously, that the ordinance as numbered and titled below be adopted and entered into ordinance Book No. 28. ORDINANCE NO. 87-68 AN ORDINANCE AMENDING ORPINANCES NO. 86-34 AS AMENDED BY 86-71 BY AMENDING THE BOUNDARIES OF THE LELY GOLF ESTATES BEAUTIFICATION MUNICIPAL SERVICE TAXING UNIT; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING AN EFFECTIVE DATE. Item '6Cl . ORDINANCE 87-69 CREATING THE LELY GOLF ESTATES BEAUTIFICATION M.S.T.U. ADVISORY COMMITTEE - ADOPTED Legal notice having been published in the Naples Daily News on August 19, 1987, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider an ordinance creating the Lely Golf Estates Beautification Advisory Committee. Public Works Administrator Archibald stated the Lely Golf Estates Beautification Advisory Committee is to be established for the purpose aOOK 107 f'J~! 145 Page 5 -»....--."-..- ,'1 " ,1 .. lU7rl'-!146 SEPTEMBER 8, 1987 of overseeing the maintenðnce of medians in the Lely Taxing District. He stated the millage rate approved by referendum in 19B6 will generate approximately $ll,500 and Staff has bid the proposed work to be done in FY 1987/88. He stated that when the committee is formed, they will review those bids. In answer to Commissioner Pistor, Mr. Archibald stated that Section Three of the Ordinance applies to initial terms only and thereafter, County policy of two terms is in effect. Mr. Robert Cole, Lely Civic Association, requested that the mem- bers of this committee be allowed an unlimited number of terms. Mr. Archibald state~ that County Policy dictates that members may serve on an advisory board for two terms only. Commissioner pistor moved, seconded by Commissioner Go~dnight and carried unanimously, that the public he~~ing be closed. Commissioner Pistor moved, seconded by Commissioner Goodnight and carried unanimously, that the ordinance as numbered and titled below be adopted and entered into Ordinance Book No. 28. ORDINANCE NO. 87-69 AN ORDINANCE CREATING THE LELY GOLF ESTATES BEAUTIFICATION ADVISORY COMMITTEE; PROVIDING FOR APPOINTMENT AND COMPOSITION; SETTING FORTH THE TERMS OF OFFICE; PROVIDING FOR REMOVAL FROM OFFICE, FAILURE TO ATTEND MEETINGS; PROVIDING FOR OFFICERS, QUORUM, RULES OF PROCEDURE; PROVIDING FOR REIMBURSEMENT OF EXPENSES: SETTING FORTH THE FUNCTIONS, POWERS AND DUTIES OF THE COMMITTEE; SETTING FORTH THE DUTIES OF THE PUBLIC WORKS ADMINISTRATOR: PROVIDING FOR REVIEW PROCESS¡ PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING AN EFFECTIVE DATE. Page 6 I " I - - - _"A',·__ _>.__. ..__ - .. - \, SEPTEMBER 8, 1987 Item .7Al RESOLUTION 87-203, PETITION CCCL-87-6, VARIANCE FROM THE COASTAL CONSTRUCTION CONTROL LINE FOR A RAMP FOR HANDICAPPED PERSONS AT THE CLAM PASS COUNTY PARK - ADOPTED Legal notice having been published in the Naples Daily News on August 23, 1987, as evidenced by Affidavit of Public~tion filed with the Clerk, public hearing was opened to consider Petition CCCL-87-6 requesting a variance from the Coastal Construction Control Line for a plan to construct a ramp for use as a beach access by handicapped per- sons at Clam Pass County Park facility. Natural Resources Management Department Technician Burch stated that the handicapped ramp will extend from the existing boardwalk in a westerly direction to a landing on the beach. He s:ated that instðlling a ramp over the existing dune and its resident biota will , - be in keeping with the policies of the Collier County Natural Resources Management Department and dune overpasses help to maintain natural floral and faunal habitats by reducing human traffic through these areas. He advised that the elevation and slope of the proposed ramp will allow the natural growth, propagation, and general well being of the native, naturally occurring floral and faunal community, and the design of the structure allows the benefit of natural rainfall into the community without damage to the habitat by erosion. County Manager Docrill advised that the design for the ramp has been done by the County Engineering Staff and once the variance is obtained the project can go out to bid. IOV;( lU7mr147 Page 7 8. 107 'A~.: 148 SEPTEMBER 8, 1987 Commission~r Goodnight moved, seoonded by commissioner pis tor And carried unanimously, that the public hearing be closed. Commissioner Goodnight moved, seconded by Commissioner pistor and carried unanimously, that Resolution 87-203, Petition CCL-87-6, requesting a variance from the Coastal Construction Control Line for a ramp for handicapped persons at the Clam Pass County Park facility, be adopted. I' " j Page 8 - - - I ) SEPTEMBER 8, 1987 It.. f9Al RBS0~UTION 87-204, PETITION PU-87-8C, INVESTMENT PROPERTIES COR- PORATION REPRESENTING C & S TRUST COMPANY REQUESTING PROVISIONAL USE "c" OF THE RSF-3 ZONING DISTRICT FOR A CHURCH - ADOPTED Planner Weeks stated the subject property is located on the east side of Goodlette Road, north of Solana Road and the petitioner is requesting a Provisional Use to allow construction of a church and related uses. H~ outlined the area on a wall map and stated the lands to the north are zoned PUD; to the east are zoned RSF-3; to the south, across Solana Road, are zoned RO; and to the west, across Goodlette-Frank Road, C-4 and RSF-4. He advised there is a petition currently in process to rezone tile out parcel adjacent to the western property line from RSF-3 to C-l and the City of Naples has & request for a provisional use for a water storage tank on the parcel adjacent to the east. Mr. Weeks stated that in addition to the proposed use of this par- cel, it is necessary for the current owner to construct a lake approximately 500 ft. to the east. He said this lake i-s being required by the SFWMD and will serve the water management needs of the subject property and surrounding lands. He advised it will also pro- vide fill for the subject property and the abutting property, which is the petition in process for the City of Naples. He noted there was some concern and discussion at the CCPC meeting about what will happen to the excess fill. He said the CC~C stipulated that excess fill, over and above what can be u~ed by this property and the City of aoo~ 1m mt 159 Page 9 .. 1m p.\,;.lœ SEPTEMBER 8, 1987 Naples property, be removed off-site subject to approval by the County Engineer and Planning/Zoning Director with the possibility of mitigation measures being impos~d. In answer to Commissioner Pistor, Mr. Jack Conroy, Investment properties Corporation, advised they have received an extension to the closing date on this property to accommodate the zoni~g contingency. Commissioner pistor moved, seconded by Commissioner Goodnight and carried unanimously, that Resolution 87-204, Petition PU-87-*c, Investment properties corporation representing C & 8 Trust Company, requesting Provisional Use "C" of the ~SF-3 zoning District for a church, be adopted. Pðge 10 '\ -.-.""'."'''""'''- ..-."...,..,.,....... \. SEPTEMBER 8, 1987 Item '~;jl XNTERIX ROAD IMPACT FEE PAYMENT AGREEMENT WITH REGENCY AUTOHAUS FO~ BUILDING PERMIT NO. 86-03455 - APPROVED WITH CHANGES Public Works Administrator Archibald stated in accordance with Ordinance No. 85-55, ð land developer, at his option, may submit traffic data to justify site specific traffic impacts. He explained that Regency Autohaus, Building Permit No. 86-03455, was charged the sche- duled road impact fee for general commercial property becallse the County does not have a schedule specifically for a new car dealership. He said that the property owner has submitted the necessary traffic information as it relates to the traffic generation for the proposed deve lopmen t. Mr. Archibald advised that bðSed on the information provided and the analysis made by the Transportation Department. the trip genera- tion rate was reduced for the site specific development impact fee from $61,425 to $33,645. He stated that the property owner has already paid $37,3l2 leaving $3,367.00 to be refunded. Mr. Archibald stated the proposed agreement sets forth a two-year time period in which either party can revisit the total amount of road impact fee and revise, as long as it is consistent with any revisions to the Ordinance as may be adopted by the Board of County Commissioners. Mr. Archibald advised that it has been recommended that Paragraphs 3 and 4 of the Agreement, relating to the time frame in which the fee ð&OK 107 f'1.',! 169 Page 11 a. l07n,~rm SEPTEMBER 8, 1987 ca~ be changed. He atated that since it is not foreseen that this is likely to happen, Staff is recommending that Paragraphs 3 and 4 be deleted from the Agreement. In answer to Commissioner Glass, Mr. Archibald stated that the traffic information was gathered during the peak season months. Commissioner Saunders moved, seconded by Commissioner Plstor and carrieð unanimously, that the Interim Road Impact Fee Payment Agreement with Regency Autohaus for Building Permit No. 86-03455 be approved with the deletion of Paragraphs 3 and 4. "-- . Page 12 I' i' aool( 1m ,,~<;; 178 SEPTEMBER 8, 19B7 Item '~.63 " lOC DISCUSSION OF INl:URANCE HOLD HARMLESS CLAUSE REGARDING CONTRACTUAL PROVISIONS - ~vrtDING APPROVED FOR CONSULTING SERVICES CONTRACTS County Attorney Cuyler distributed a copy of a Standard Hold Harmless and Indemnity Clause for use in consulting services contracts. He stated that this issue is !IOt a matter of a recommen- dation, but rather a business decision of the Board based on risk vs. cost benefit. Mr. Cuyler stated there are more comprehensive clauses than this one, such as the one presently being used by the County. He stated the primary difference in the two clauses is that the current hold harmless clause makes the consultant liable for any willful misconduct or negligent act or error or omission of anyone; ard the hold harmless clause distributed today makes the consultant liable for any willful misconduct or negligent act or error or_ ~mission of the consultant. In answer to Chairman Hasse, Mr. Cuyler stated that the Board is never completely prctected. He advised that the consultants ~re saying they are willing to hold the County harmless for claims arising from their own negligence. Responding to Commissioner Glass, Mr. Cuyler stated that the Attorney's Office will always give the County the best protection they can, however, in doing so they may not find anyone willing to enter a contract. Mr. Dick Braun, President of the Golden Gate Taxpayer's Page 13 '\ - - - '-, :~, C.i..·' ·";·¡:"r Z~'~: y.,4.; , '.. ~~ 11",·' :,X:> ~~ ' t' ~J", f' ,~ r:_ .'.':,- ~~ , ':, .-- ~ - \, I í SEPTEMBER 8, 19B7 Association, stated his objections to having architect and engi- neer contracts negotiated when contractors have to submit bids. In response to Commissioner Saunders, Mr. Archibald stated that the most recent projects fees for architects and engineers is running 6% to ll% of the total job cost, which is about average. He stated that once the inspection and cartification fees are added to the design fees the average is about l3% to l6%. Mr. Archibald pointed out, however, that County Staff is currently doing their own inspec- tions and some designs, which has reduced these fees. A lengthy discussion followed on Staff inspections, change orders . and transfer of liability. Mr. John Keschl, citizen, stated his a9re~ment with Mr. Braun that no one is watching tt'e consultants. Mr. Cuyler advised the questions are: what risk does the County want to bear? What risk does the County want to assign? Will the County be able to find someone to contract with? He also 9tated that if the Board wishes to approve this language for consulting f\ervices contracts, he would like some leeway in the wording. He requested that the Board approve only the substance of the wording. commissioner Glass moved, seconded by Commissioner Goodnight and carried unanimously, that the substance of the wording for the pro- posed Standard Hold Harmless and Indemnity Clause, for use in con- 8ulting services contracts, be approved. Item t9B2 CON~ULTING ENGINEERING SERVICES AGREEMENTS REFLECTING REVISIONS TO INSURANCE COVERAGE AND INDEMNIFICATION WITH THE FIRMS OF ANCHOR ENGINEERING AND HOLE, MONTES & ASSOCIATES, INC. - APPROVED Page l4 !OJK 107 P~'.! 17D 100« 1m Ð'=! 180 SEPTEMBER 8, 1987 commissio~er Goodnight moved, seconded by Commissioner pistor and oarried u~4nimously, that the consulting Engineering services Agr..ement. reflecting revisions to insurance coverage and indem- nification with the firms of Anchor Engineering and Hole, Montes , a.8ociate., Inc., be approved. ~,:t :P \I", ~" rj . ·1 :- 'Í if: í~~,' ;'"r' " ~. *'r ~t.( (it·· Page 15 j i' - .. - I .!~ ~ - - - .I I SEPTEMBER 8, 1987 Item UCl BID '87-1122 FOR A REP~CEME!lT KENNEL SECTION 1\T THE ANIMAL CONTROL CENTER AWARDED TO A.C.T. GENERAL ~ONTRACTORS, INC. Legal notice having been published in the Naples Daily News on July 29, 1987, as evidenced by Affidavit of Publication filed with the Clerk, Bid #87-l122 for constr~ction of a replacement kennel section at the Animal Control Center and bids was opened at 2:30 p.m. on August l4, 1987. Public Services Administrator O'Donnell stated the section being replaced is a temporary add-on structure that was attached to the main kennel by the previous owner and is now unserviceable because of structure deterioration. He stated that inquiries were made by 2l firms, with 5 bids being received. Mr. O'Donnell advised that $25,000 was allocated in the FY 1986/87 capital improvement budget, however, the project was delayed due to possible road construction which would require a right-of-w~y exten- sion. He stated the low bid of $32,250 is in excess of the antici- pated cost and a budget amendment is also being requested for the balance. commissioner Pistor movod, seconded by commissioner Goodnight and carried unanimously, that Bid '87-1122 for Construction of a replace- ment kennel section at the Animal Control center be awarded to the low bidder, A.C.T. General Contractors, Inc., in the amo~nt of $32,250.00, and that the appropriate budget amendment be prepared. Page l6 aøOK 107 p~'.{ 265 ¡;;; 1m n~ 266 SEPTEMBER 8, 1987 Item f9C2 RECOMMENDATION TO E8TABLIS¡~ A CONCESSIONAIRE SELECTION COMMITTEE FOR TIGERTAIL PARR CONCESSION - A~PROVED Publjc Services Administrator O'Donnell stated the current three year Concession Agreement for ~i~ertail Park expired August l, 1987, and under the te~ms of that ðgreement the concessionaire was allowed two weeks to remove his equipment. He stated Staff felt the Concession Agreement needed revision to better enhance the financial considerations returned to the County and allow for maximum flexibi- lity. He advised a revised agreement has been drafted and included within the R.F.P. He said Staff will be adhering to the following timetable: l. S/lS/87 - Legal advertising and R.F.P. mailing 2. 9/03/87 - Pre-bid meeting with selection committee 3. 9/09/87 - Bid opening 4. 9/lD/87 - Selection Committee~hort-list proposals 5. 9/l5/B7 - Presentation to Selection Committee by top three proposals 6. 9/23/87 - Selection Committee enters into negotiations with top firm 7. lO/06/87 - Staff presents contract to BCC for ^w~rd 8. lO/24/87 - Concessionaire in operation Mr. O'Donnell advised the R.F.P. was drafted to allow potential concessionaires to bid on: a) food/beverage operation; budget) beach equipment rental; c) water recreational equipment rental, as separate endeavors or combined, or any combination of the above. He said the bid will allow for ð minimum of 15% of the food/beverage service, beach rental sales equipment, and water recreational equipment or $700.00 per month for food/beverage service, $350.00 for beach rental Page 17 '\ - ,- - I SEPTEMBER 8, 1987 sales and water recreatrCnal rental equipment, whichever is greater. He added that a monthly report of activities will accompany the payment to the County by the J5th of each month and the concession- aire's records shall be maintained and available for inspection and audit by the County with 24 hours notice. Mr. O'Donnell stated the agre~ment also provides for the con- cessionaire to furnish all janitorial service; staffing of the faci- lity 7 days per week for a 3 year period; and all charges for utilities connected with the operation of the concession. He noted that during the time the concession is vacant, the Parks & Recreation Department will be making numerous improvements to the facility, such as restroom renovations and landscaping. Mr. O'Donnell stated S'_aEf is requesting the Board to establish a Concessionaire Selection Com~ittee comprised of the Parks & Recreation Director, Parks & Recreation Superintp.ndent, and the Finance Director. In answer to Commissioner Pistor, County Manager Dorrill stated that 15% of gross profits or $750 per month is not a lot to pay for rent when you have an exclusive contract with no compet?ti~n. commissioner Glass moved, seconded by commissioner PiHtor and oarried unanimously, that a Concessionaire Selp.ction Committee be established for Tlgertail Park comprised of the Parks & Recreation Director and superintendent and the Finance Di=ector to short-list the top three firms and begin negotiations with the top ranked firm. Page 18 BOOK 107 PA'.! 267 'OOK 107 PJ',! 268 SEPTEMBER B, 1987 Item t9Fl LELY BAREFOOT BEACH - DISCUSSED County Manager Dorrill stated he would like to give an update report on Lely Barefoot Beach. He stated that he has received an option contract which was proposed to be taken before the Governor and Cabinet on their meeting of September 23rd, however, late Friday afternoon they said that th~y think they are close enough to having the necessary State appraisals that if the County agrees to wait until the following Cabinet meeting on October 6th, the appraisal should be complete and the DNR Staff will be prepared to present an actual purchase contract. He stated the closing could then be scheduled in the future after their bond sale. Mr. Dorrill stated he advised that the schedule is set by them and they are aware of the County's deadline of Octobe~ l3th, the following Wednesday, in which the County needs to exercise its option or run the risk of losing $50,000. He stated DNR has assured him that this matter will be before the Governor and Cabinet no later th3n October 6th. Chairman Hasse requested that Mr. Dorrill send another letter stressing the County deadllne of October l3th. In answer to Commissioner Saunders, Mr. Dorrill stated the County has 90 days from October l3th to schedule the closing. Mr. Dorrill also stated that the State has indicated they hope to have the pro- ceeds from their bond issue by the end of the year. He noted that if Page 19 '\ - ,- - - - - I ! SEPTEMBER 8, 1987 the proceeds were not received by the State in time, the County would need interim financing based ~n the option contract In existence with reimbursement from the State. Also responding to Commissioner Saunders, Mr. Dorrill stated that if for some reason DNR does n~t have the purchase agreement before the Governor and Cabinet by October 6th, a decision will have to be made on the County's option. Mr. George Keller, Collier County Civic Federation, stated that the owner of this property has extended the date before and they will extend it again. He said the Board should not be pressured into paying the whole thing because of a deadline. xtem tlOA BMERGBNCY ORDINANCE 87-70 INCREASING THE MILLAGE CAP FOR THE OCHOPEE FXRB CONTROL AND EMERGENCY MEDIP~L CARE SPECIAL TAXING DISTRICT TO 4 MILLS - ADOPTED Assistant County Attorney Weigel stated that during recent budget hearings the Ochopee Fire Control and Emergency Medical Care Special Taxing District will have additional services incorporated in their area under an agreement with Western Gateway Ambulance Service. He explained that this will create an additional ad valorem millage bur- den on this District, which includes the City of Everglades. Mr-. Weigel stated that County Ordinance 75-6 as amended contains an ad valorem millage rate cap of 2 mills and if the current budget is adopted, the rate will exceed this cap. He advised the proposed ordi- nance merely allow a millage rate not to exceed 4 mills in one year, Page 20 aD/) ( 107 P~'.! 26,9 IOIIK 107 r'\~·{ 270 SEPTEMBER 8, 1987 and will allow the Board to adopt the budget as currently proposed. Mr. Weigel stated there is ins\¡fficient time before the final public hearing on the budget to me~t the advertisement requirements for changing the Ordinance, and therefore, an emergency exists. Some discussion resulted in regard to the tax notices for this District and Public Services Administrator O'Donnell advised that when the tentative millage rate for 1987/8B was adopted, the millage was based on a 4 mill cap for this District because of the possibility of the expanded services. Finance Director Yonkosky stated that the tax notices were sent to property owners in this District containing the 4 . mill possibility. commissioner Saunders moved, seconded by commissioner Goodnight and carried unanimously, that an emergency be declA~eð and a public hearing be held on amending Ordinance 7~-6 as amended to increase the millage cap for the Ochopee Fire Control And Emergency Medical Care Speoial Taxing District to 4 mills. Commissioner Saunders moved, seconded by commissioner Gooð,night and carried unanimously, that the public hearing be closed. Commissioner Saunders moved, seconded by Commissioner Goodnight and carried unanimously, that the ordinAnce as numbered and titled below be adopted and entered into Ordinance Book No. 28. ORDINANCE NO. 87-70 AN EMERGENCY ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 76-6 AS AMENDED BY AMENDING SUBSECTION TWO OF SECTION ONE THERETO, AUTHORIZING THE DISTRICT TO INCREASE THE MILLAGE CAP TO FOUR (4) MILLS OF AD VALOREM TAXES UNDER SECTION l25.0l OF THE FLORIDA STATUTES; PROVIDING FOR CONFLICT AND Page 2l '\ - ,- - - .. - I I SEPTEMBER 8, 1987 SEVERABILITY: PROVIDING FCP. AN EMERGENCY; PROVIDING AN EFFECTIVE DATE. *** RECESS AT 10:30 A.M. RECONVENED AT 10:40 A.M. *** Item nOD COUNTY ATTORNEY AND BANKRUPTCY ATTORNEY TO REVIEW BANKRUPTCY COURT RECORDS RE AVATAR County Attorney Cuyler stated this item concerns the Board's direction to obtain the services of a qualified bankruptcy attorney to review the records and render an opinion regarding the possible abi- lity of the County to go back to Bankruptcy Court for some type of relief in connection with A~atar Land Conveyancès. Bankruptcy Attorney Miller stated that he was hired by County Attorney Cuyler on behalf of the Board of County Ccmmissioners to render an opinion as to whether the County has recourse to the Bankruptcy Court concerning its problems witi. its November 15, 1983 A~reement with Avatar Properties, Inc., formerly known as GA~ Properties, Inc. He said the basis for his opinion is the documen- tation provided from the County Records. He stated there was insuf- ficient time to review the bankruptcy file because it is with the Federal Archival Storage Depot in Atlanta, Ga. Mr. Miller stated the chronological facts are: l) The FTC, by order dated July 23, 1974, compelled Avatar Properties, Inc., then known as GAC Properties, Inc., to co~vey to Collier County llOO acres· of property located in Golden Gate for the benefit of Golden Gate Estates residents; 2) During 1975 there was a minor conveyance of property, leaving approximately l,065.5 acres to be conveyed; Page 22 'i- y.. Xi 'J:iGil ...... '~t.1, .t:.". 'c;., 1~~:· :.Ji.' ... C" ¡,$. ~" .~ t~ -, aoO!( 107 W.! 271 107 f1~1. 272 SEPTEMBER B, 1987 3) On April l7, l~75, the FTC rendered a modifying order deleting any mention or requirement for GAC to convey the remaining l,065.5 acres to the County and th~ modifying order was rendered notwithstanding the County's unequivocal objection contained in its April l7, 1979 Board Minutes, it3 Resr-lution 79-52 and written comments filed with the FTC on April 2, 1979; 4) although the reference ~o conveying the acreage was no longer part of the FTC Order, on July 23, 1979 GAC applied, in an order by the Honorable Thomas C. Britton, Bankruptcy Judge for the U. S. District Court for the Southern District of Florida, was rendered on August l7, 1979 granting authorization and the County to enter into an agreement where GAC would convey l,062 acres to the County over a 5-year period. Mr. Miller stated that once the agreement was executed it would become part of any future joint plan of reorganization, however, according to the County records, the agreement was neve.r executed; 5) On November l5, 1983, the Board of County Commissioners, by Resolution 83-l99 approved an agreement with Avatar Properties, Inc obligating Avatar to convey l,061.5 acres to the County for the benefit of Golden Gate Estates in 5 phases, the last phase to be completed on or before December 3l, 19B6~ , Mr. Miller said only one phase has been conveyed to date, and based on these facts and circumstances, he has reviewed the Bankruptcy Code to determine what, if any, remedies are available to the County by going back to the Bankruptcy Court. He said if the County wishes to modify the plan of reorganization or revoke the order confirming the plan or reorganization or dismissing or converting the case to a Chapter 7 straight Jiquidation of assets, it is much too late. Mr. Miller stated the County may still apply to the Bankruptcy Court for an order requiring Avatar to perform any act necessary for the success of the plan of reorganization. He stated this would be Page 23 '\ - .- - --."'........,.,... ..'--_ II --~,.._"'~~..,_. .I i SEPTEMBER 8, 1987 his recommendation, as'a remedy, however, the agreement the County is currently bound by is not tied to the plan of reorganiz~tion, as the original FTC Order was, and the prvposed agreement that the Bankruptcy Court authorized the parties to ent~r into on August l7, 1979. He said that since the County never executed the agreement, it leaves the County outside the plan of reorganization and without any meaningful remedy in Bankruptcy Court. In answer to Chairman Hasse, Mr. Miller stated that if the Board wishes him to gain access to the Bankruptcy Court records it will take a minimum of 4 weeks to obtain the records. He also stated that a plan of reorganization will usually be objected to shortly after it i8 confirmed, however, in this case too much time has pa&sed to state this objection. He said the only remedy left is to find out if the agreement is tied to the plan of ~eorganization and, if it is, the County can go back to the Court and say Avatar has not fulfilled its obligation under the plan and request that they compel Avatar to do so. Mr. Duane Billington, Golden Gate Estates resident, stðted that the fact that the original agreement was never signed is very serious and suggested that the County look to the FTC for relief. Mr. Dick Braun, Golden Gate Estates resident, stated his agreement with Mr. Billington, and asked if there were any remedies in Civil Court? Mr. Cuyler advised this discussion is in reference to'the bankruptcy pro- ceedings only and the other matters will be brought back at another Page 24 aoo« 107 F~~!" 273 aoe. 107 0'·; 214 SEPTEMBER 8, 19B7 time. Commissioner Saunders stated that he does not feel the people in Golden Gate Estates will be satisfied until the bankruptcy records are reviewed. He also stated that he did not want to see the County spend a lot of money of this, however. commissioner saunders moved, seconded by commissioner Goodnight and carried unanimously, that the County Attorney's Office and Bankruptcy Attorney Miller request and review the Bankruptcy court records. Item 'llAl , 'llA2 BUDGET AMENDMENTS 87-441/446 and 87-448 - ADOPTED commissioner Goodnight moved, seconded by Commissioner pistor and carriea unanimously, that Budget Amendments 87-441/446 and 87-448 be aaoptea. Item tllA3 BUDGET AMENDMENT RESOLUTION 87-045 - ADOPTED Commissioner Goodnight moveð, seoonded by commissioner Glass and carried unanimously, that Budget Amendment Resolution 87-045 be adopted. Page 25 '\ aODK 107 PA<:r 276 SEPTEMBER 8, 1987 Item 'llC2 AUDIT CONTRACT WITH COOPERS , LYE RAND FOR FISCAL YEARS ENDING SEPTBMBER 30, 1987, 1988 and 1989 - APPROVED Finance Director Yonkosky stated that on August ll, 19B7 the Board ranked the firm of Coopers & Lybrand in the top position for nego- tiation of an Audit Contract and directed Staff to begin neyotiations. He stated the proposed contract is for a three-year period in the amount of $ll5,000 for the first year and a built in 6% increase over the $115,000 for each year thereafter. He noted the increase in the audit fee over FY 1986 i~ due to the expanded scope of the audit as required by the change in rJles of the Auditor General. Mr. Yonkosky distributed a corrected copy of the proposed contract and stated there are four corrections which were m~de and have been underlined on pages 7, 8, II and l6. In answer to Chairman Hasse, Mr. Yonkosky stated the fee was ori- ginally much higher and has been negotiated to what Staff th0Ugh was fair and still below the fees being paid by some other counties. commissioner Saunders moved, seconded by Commissioner Goodnight and carried 4/1 (Commissioner pistor opposed), that the three-year Audit Contract with coopers' Lybrand for Fiscal Yearn ending september 30, 1987, 1988 and 1989, be approved. Page 26 '\ - - - - - - \, SEPTEMBER 8, 1987 Item tl3A IHTERLOCAL AGREEMENT FOR COORDINATING THE CRIMINAL JUSTICE INFORMATION SYSTBM FOR THB 20TH JUDICIAL CIR[~UIT - APPROVED Mr. Bill Miller, Executive Director for the State ^ttorney, requested that the Board endorse an Interlocal Agreement for the Criminal Justice System. He advised the State has funded a Criminal Justice System for the 20th Judicial Circuit which is comprised of a five-county area. He advised the State hag mandated that a council comprised of various persons of the user area be formulated. Commissioner Pistor moved, seconðed by Commissioner ~ooðniqht anð carried unanimously, that the Interlocal Agreement tor coordinating the Criminal Justice Information System for the 20tn JUðicial Cirouit be approved and the Chairman authorized to siçn. Note: Document not received as of 9/14/87 in office of Clerk of the Board. Item f13B APPROPRIATION FROM THE ~w ENFORCEMENT CONFISCATION TRUS~ FUND FOR THB PROCUREMENT OF SPECIALIZED EQUIPMENT IN THE AMOUNT OF $12,024 _ APPROVED Commissioner Gooðniqht moved, seconðed by Commissioner Pistor and carried unanimously, that a $12,024.00 appropriation trom the Law Bnforcement Confiscation Trust Fund for the procurement of specialized equipment, be approved. Item f13C SALARY INCREASE FOR DIRECTOR OF NAPLES WILDERNESS ALTERNATIVE PROGRAM - CONCBPTUALLY APPROVED Court Administrator Bell advised that Judge Trettis has requested that the present salary of the Naples Wilderness Director be increased Page 27 &ODK jl()~ p~~~ ~~ ~ .: :.... fl," aoo« 1m f'A'·r 294 SEPTEMBER 8, 1987 from $20,000 to $24,900 in order to recruit a pp.rson with the right type of background for this position. He stated the increase would go into effect on October l, 1987. In answer to Commissioner Goodnight, Mr. Bell stated that if needed they would prepare the budget amendment today and file it with the Budget Office. County Manager Dorrill stated that it would be next to impossible for the changes to be made before the first public hearing on budgets tomorrow night. He suggested that the Board conceptually approve the change and he would bring the request back to the Board in October. Commi8sione~ Goodnight moved, seconded by commissioner Pistor and carried unanimously, that the salary increase for the Director of Naples wilderness Alternatj"a Program from $20,000 to $24,900, be con- oeptually approved and brought back to the Board in october. *** The following items were approved and/or adopted under the Consent Agenda by motion made by Commissioner Goodnight, seconded by Commis- sioner pistor and carried unanimously: Item '14Al CONTRACT WITH FLORIDA PRESERVATION SERVICES FOR HISTORICAL AND ARCHAEOLOGICAL INVENTORY See Pages J99 - 3oc:' Item f14A2 HEARING RE APPEAL OF PLANNING/ZONING DIRECTOR'S DECISION RE DISTRIBUTION OPERATION IN C-4 DISTRICT SET FOR SEPTEMBER 29, 1987 Item 'UBI Page 28 j i' - ... - \. SEPTEMBER 8, 1987 PUBLIC BBARING SET FOR SEPTEMBER 15, 1987 RB CERTIFICATE OF PUBLIC CONVENIBNCE AND NECESSITY FOR ALERT NON-EMERGENCY TRANSPORT SERVICE Item U4B2 CORRECTIVE QUIT C~IM DEED RE PARKER HAMMOCK ROAD RIGHT-OF-WAY See Pages ..307 - 3/ C; Item '14B3 LEASE WITH OVERSEAS DEVELOPMENT CORP. FOR OFFICE SPACE FOR THE BNVIRONMENTAL SCIENCE AND POLLUTION CONTROL DEPARTMENT See Pages ..3 / / -..3 / 7 Ite. fl4B4 $30,000 BUDGET AMENDMENT FROM SOLID WASTE DEPARTMENT RESERVES TO ORGANIZATION 3410, SOLID WASTE ADMINISTRATION Item fl4BS $25,000 BUDGET AMENDMENT FROM SOLID WASTE DEPARTMENT RESERVES TO ORGANIZATION 3431, NAPLES LANDFILL Item '14Cl CHANGB ORDER '13 TO MCGOVERN CONSTRUCTION FOR WORK AT NORTH NAPLES COKKUNITY PARK IN AMOUNT OF $3,025.76 See Pages .3/g'-3/9 Item '14C2 RENEWAL OF CONTRACT WITH DORIS ROZYCKI TO PROVIDE SERVICES UNDER COKKUNITY CARE OF THE ELDERLY PROGRAM Not to exceed $800.00. Item '14C3 - Moved to 9C2 Item '14C4 $450 ALLOCATED TO PURCHASE RIBBONS FOR "RED RIBBON WEEK" October 4 - October lO, 1987 Item U4Dl Page 29 MOil: 107 "",f 295 r., , , ..;~ aoOK 107 f~r,r 296 SEPTEMBER 8, 1987 $195,000 BUDGET AMENDMENT WITHIN ORGANIZATION 3511 Item f14D2 RESOLUTION 87-205/GW-87-2 ADJCSTING GOODLAND WATER DISTRICT ASSESSMENT FOR LEONARD BROTHERS TRANSFER AND STORAGE See Pages ...3 d 6 - 3 ó? ! Item tUD3 BASBMENT AGREEMBNTS FROM FLORIDA POWER AND LIGHT RE SOUTH COUNTY REGIONAL WASTEWATER FACILITIES See Pages ~1d~-31-f Item l4Gl CBRTIFICATES FOR CORRECTION TO TAX ROLLS 1980 No. 632 Dated 08/27/87 1981 No. 641 Dated 08/28/87 1982 No. 705 Dated 08/28/87 1983 No. 396 Dated 08/28/87 1984 No. 266 Dated 08/28/87 No. 267 Dated Ob/31/87 1985 No. 24l Dated 08/28/87 No. 242 Dated 08/31/87 1986 No. 211 Dated 08/28/87 No. 212 Dated 08/3l/87 Item f14G2 BXTRA GAIN TIME FOR INMATE NO. 29508 Item tUG3 SATISFACTIONS OF LIENS RE PUBLIC DEFENDER See Pages --.250 - -3.s .;2. Item f14G Page 30 I' i' - - - ,.............,o............--t-...."'_.,,_,_,..;,_ - - - \. SEPTEMBER 8, 1987 MISCBLLANEOUS CORRESPONDENCE FILED AND/OR REFERRED Thère being no objection, the following correspondence was filed and/~ referred to the various departments as indicated: l~ Letter dated 08/24/87 from Woody Price, AICP, Director, Division of Resource Pl3nning and Management, Department of Community Affairs, advising of the review of the comprehen- ~ive plan amendments. Referred to Neil Dorrill, David pettrow, Wanda Jones and filed. 2. Final Order received 08/28/87 from Department of Community Affairs re Case No. CDBG-87-25, Collier County, Petitioner, vs. DCA, Respondent re Big Cypress Area of Critical State Concern. Referred to Neil Dorrill, David Pettrow, Wanda Jones and filed. 3. Letter dated 08/25/87 from Douglas L. Fry, Environmental Manager, DER, enclosing short form application (File No. 1ll383735, llll383745, and lll383805) which involves dredge and fill activities. Referred to Neil Dorrill (letter), David Pettrow, Dr. Proffitt and filed. 4. Letter dated 08/25/87 from L. Anita Trimble, Environmental Specialist, Standard Permitting Section, DER, enclosing stan- 3rd form application (File No. 111384699 DOT), w~ich involves dredge and fill activities. Referred to Neil Dorrill (letter), David Pettrow, Dr. Proffitt, George Archibald ~nd filed. 5. Memorandum dated 08/26/87 to Interested Parties, from Daniel T. Penton, Chief, Bureau of Land and Aquatic Resource Manage- ment, Division of Recreation and Parks, DNR, re 'transmittal of draft Rookery Bay and Cape Romano-lO,OOO Islands Aquatic Preserves Management Plan and date for public meeting. Referred to Neil Dorrill, David Pettrow (with plan), Dr. Proffitt and filed. 6. Notice of Voluntary Dismissal received 09/0l/87 from FL Land & "Water Adjudicatory Commission re Monroe County, FL Planning Commission Resolution No. 0-87 issued to Fred S. S"owman, Jr., and Frances M. Snowman in an area of Critical St~te Concern and attaching 09/09/87 agenda. Referred to Neil Dorr~ll, David Pettrow and filed. 7. Letter dated 08/28/87 from Albert M. Friersun, of Henderson, Franklin, Starnes & Holt re Freddie Lee Miller vs. BCe, Claim 266-08-4l34 D/A 06/04/87. Referred to Neil Dorrill, Ken Cuyler, Sherry Rynders and filed. ' aOOK JL~PA~r~{JJr Page 3l .. 1m ~',! 298 SEPTEMBER 8, 19B7 8. Minutes - 08/04/87 - Marco Island Beautification Board 9. Letter dated 08/31/87 from Douglas M. Midgley, Public Defender, Twentieth Judicial Circuit, re Local Government Criminal Justice Trust Fund Florida Statutes, Section 27.3455, and attaching the Third Quarter Local Government Criminal Justice Trust Fund Report prepared by the Governor's Office. Referred to Neil Dorrill, Kevin O'Donnell and filed. lO. Letter dated OB/04/B7 LOC-TFCS Recipients from Peter N. Stowell, Acting Regional Administrator, U.S. Dept. of Transportation, requesting a new Cash Outlay Plan. Referred to Jeff Per~y and filed. Item '14Hl APPROVAL OF COMMISSION ATTENDANCE AT FLORIDA ASSOCIATION OF COUNTIES ANNUAL CONFERENCB - OCTOBER - MARCO ISLAND *** There being no further business for the Good of the County, the meeting was adjourned by Order of the Chair - Time: ll:20 A.M. BOARD OF CO~NTY COMMISSIONERS/ '~OARD OF ZONiNG APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL ~Htá&{~~ ATTEST: JAMES C. GILES, CLERK ~.~~{)c T:~~.:$~~.~~~'t~s' ~Froved by the Board on+- ~7. ,/.7r./ as p~'e~E!n:téd ~',' or as corrected ~ .' . \.'~'>" . -- . . ...~, .... ~- " . 'ë ::",; : :;':;~~' ~:." , . j " I Page 32 .. - - ...~-~.......