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BCC Minutes 08/25/1987 R NapLes, florida, AugusL 25, 1987 LET IT BE REMEMBERED, that the Board of County Commissioners in and for the County of Collier, and also acting as the Boar.d of Zoning Appeals and as the governing board(s) of such 3pecial districts as have been created according to law and having conducted business herein, met on this date at 9:00 A.M. in REGULAR SESSION in Building "F" of the Government 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: Beverly Kueter and Maureen Kenyon, Deputy Clerks: Neil Dorrill, County Manager, Ken Cuyler, County Attorney, Bruce ~ .,,(~ ~~ Anderson, Assistant County Attorney: Mike Arnold, Assistant Utilities '~t. ' Admini~trator, George Archibald, Public Works Administrator: Kevin '",(:. . "i." ,:~.,Ol Donnell', Public Services Administrator: David Pettrow, Community ~ :...:. :~. 't:;Development Administrator: Ann McKim, Planning/Zoning Director: , .1>" ~. ",., '~i~:;-~:. Dwight Nadeau, Planner: Nancy Israelson, Administrative Assistant to Board, and Deputy Chief Ray Barnett, Sheriff's Department. ¡ \:....,) " .¡¡~¡, I:: Pagel' . 4 '. ", &0011: IOn r~r;t 580 l "''';. :'( '''' ,\ J lOB m¡ 585 ,·,',.il' ,,~fj. ,: . ~~~:,; AUGUST 25, 1987 .:~:~!~~ .¡~¿(.. "~' . kJ:~ " '¡-':i , ~J' ~ ~ AGENDA AND CONS!NT AGENDA - APPROVED WITH CHANGES Commissioner Saunders moved, seconded by Commissioner Goodnight and carried unanimously, that the Agenda and Consent Agenda be approved with the following changes: Item #6Bl Item #9B3 Item #9CI Item #9D3 Item #9Fl Item #lOA Item #llC2 Item #l2B Item #l2C Item #14AI " " ~ -,' í ,..' . , . 4_,"~_,_,·~. _ Petition ZO-86-lSC, Amendment of Ordinance 82-2, Section 9.7, special regulation restricting the parking of commercial and major recreational equip- ment - Continued to September 8, 1987. Longshore Lake Plat - Added. Extension to Clam Pass Park Interim Concession Agreement - Added. Agreement for North County Water Line Project - Added. Discussion of car allowance in lieu of County car for Assistant County Manager - Added. Review of language change and confirmation of reso- lution establishing ballot language for the one cent sales tax - Added. Investment Ordinance - Moved to Item #6C2. Special election request by East Naples Fire & Rescue District - Added. Discussion on Ordinance to establish higher millage rate for the Ochopee Fire & Rescue District - Added. Rank of consultants for a study of commercial land use needs - Moved to Item 19A4. .'.sÞ f·\,' ¡~ . ,,)If:! ";-;1 , ..~,1{ >("';.,1 -'~I:··" . ~"" . .,~.:<"'. ·h1) ':t fi¿ , ,,1, ,~" ( ~"':. ¡ ;,' AUGUST 25, 1987 - APPROVED AS PRESENTED moveð, seconded by commissioner Pistor and that the minutes of August 4, 1987, be approved AWARD - PRESENTED Chairman Hasse presented Employee Service Award to the . ~ . Angela Leyva Social Services 5 yrs. UB ;£t~:1'ROCLAKAT1:0N DESIeno.'l'ING AUGUST 24 - 2t, 1987 AS COLL1:I!:R COtnrl'Y B1:U ; .", SAI'B'l'Y OU: - ADOPTBD ,f.t;;.: :;\~f Following the reading of a Proclamation regarding Collier County Bike Safety Week, Commissioner Glass moved, seconded by Commissioner Saunders and carried unanimously, that the Proclamation be adopted. " I .i'>' t' ,~';) <~~·f:~ ¡....; ~ : 1; ',: 'o'.. ,I,I,¡" . í. ¡ ,¡ ;; r '~f: .1" Page 3 ~~Q~ 10ßmr.5H6 , "'~H;', .'. ~_ ,r;, \ \.. ~:" t' ¡. '\ " J, ; '. ¡:" t I. t L!. ¡(>f!-) ., ~'_..--~."_.",~.'''''''''''''''''__' T "UII".",," 'Y~ ._- AUGUS'l' 25, 1987 t5c 1907 NACo ACHIEVEMENT AWARDS - PRESENTED Chairman Hasse presented 1987 NACo Achievement Awðrds for special projects to the following employees: Dr. Edward Proffitt - NRMD !t.\, \ '. Coastal Zone, Estuarine & Fisheries Mgmt. in Colller County Marilyn McGinty - Parks & Rec. "", D?~glas Greenfield - EMS ,.', .; ¡ , "Snowfest" Employee Assistance & Critical Incident Stress Debriefment l'\.P', '..'.' ,PUBLIC BEARING ON CREATION OF GRIFFIN ROAD PAVING ASSESSMENT DISTRICT - DISTRICT WILL N~T BE CRBATED AT THIS TIME Legal notice having been published in the Naples Daily News on July 7,. 1987 as evidenced by Affidavit of Publicðtion filed with the Clerk, public hearing was continued from July 28, 1987 to consider the creation of the Griffin Road Paving Assessment District. Public Works Administrator Archibald stated that Griffin Road is unimproved limerock roadway off Barefoot Williams Road. He advised that at the direction of the Board, Staff has reviewed the cost of the improvement, $l89,000, which represents approximately $34.00 per front He advised that Staff has met with the residents of Griffin and they remain in support of the project, however, they do not to proceed because of the high cost. He said as a result of that Staff is recommending that the Criffin Road Pðving Assessment j '. í ~J ¡ Page 4 ' ".'f I ¡ , : &OO~ lOR r:',: 5RS ~""'----""'-' ,-,,,;,,"., -,. ."..,..."..".~..",~....,&_-,--- ._-.--....,~__~J &0011: 106 r!'.! 589 "" i"'~ ~,'" . ,..,{, ..' ~;: . ,.b.~ . ~"',''fi.,' ;~, .,."" !~ ¡. :(Íl~; "' i ..,~...~ ,_..", .'1; .',- ¡If , .' ,. '. "';v, ,$ AUGUST 25, 1987 District not be created at this time. Mr. Archibald slated that Staff had discussions with the residents ':for an alternative of setting up a taxing district for the purpose of 'interim road maintenance. He noted that since it is late in the year, 'Staff is recommending that this taxing district be established in FY 1988/89 and if the residents would like any improvements before t.hat time, the County could undertake the maintenance and receive reimbur- sement directly from the residents or from th~ taxing district in the :'future. ' In answer to Commis~ioner Pistor, Mr. Archibald stated that this proposal will not eliminate the flooding in the area. Commissioner Goodnight moved, seoonded by Commissioner saundera and carried unanimously, that the public hearinq be closed. Commissioner saunders moved that the Griffin Road Paving Assessment District not be oonsidered at this time; staff is directed to investigate a taxinq district and perform interim maintenance work which is to be paid by the residents. There was no seoond to this motion. ;' ~~ ."; i , , Commissioner Pis tor stated his concern for the drainage in this area and Mr. Archibald stated that the drainage of the road can be improved, however, the County has no control over the flooding of pri- vately held lands. He stated that as a result of maintenance work on :'this road it will be improved and be more serviceable. Commissioner Glass moved, seconded by Commissioner Saunders and :r.ç.~,~; ~ ;~:!.~ .f ". - .. -",.~-,-;_...._...,,,.,,,~.~ ."._'-""."'~~-'-"~"--"-,-",,,,,,.".......,,,-,,""¡"~"..._.,~.'._---- ~"."-"-,._-,-~ AUGUST 25, 1987 carried unanimously, that the Griffin Road paving Assessment District not be oonsiðered at this time7 staff is ðirected to investigate a taxing district and perform interim maintenance work with the cost to reimbursed by the residents. In enswer to Commissioner Pistor, Mr. ^rchibald stated that he ~ will check with the Property Appraiser to see how much time the noard " ''-~'"'' ~.;..' ,~.-" . · ha-.,to create the taxing district. He stated that in the interiw., '..'~; " · .·'S~taff would like to investigate two different millage approaches. · . .~~ Item UC2 ORDINANCE 87-65 AUTHORIZING THE INVESTMENT AND REINVESTMENT OF SURPLUS PUBLIC FUNDS BY THE CLERK TO THE BOARD - ADOPTED Legal notice having been published in the Naples Daily News on August 6, 1987 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider an ordinance authorizing ·the investment and reinvestment of surplus public funds by the Clerk l\~"ì. j C ~ i\·';·:· to the Board. " , County Attorney Cuyler explained that the Clerk currently invests surplus public funds in the Local Government Surplus Funds Trust Fund, p~rsuant to Section 12S.3ll(a), which is one of several investment alternatives set forth in that Section. He said the Clerk is requesting that the Board enact an ordinance under the provisions of Section 125.311 that gives the Clerk the right to seek additional 1,,' : I investment opportunities and specifically the Clerk is looking for ¡: " authorization to invest additional funds in order to seek a higher' Page ,6 ..; ~ ;:: &0011: 10f) ~ : JUO ,._".,..._~.."",,,,,- "¡- returns '~ , ,.,~.~ ,:, 't;~., :t. ,~~, 'Ä;' .:,..111- ,."1&1' , ".';7 ," ~~ > . '. 'r' -~~ ~~~ ~ ; 1 . , AUGUST 25, 1987" of return. Cuyler stated that Seotion One of the proposed Ordinance t:~· ,'~ "¿.j" provides basic authorization for the Clerk to do that, Section Two ¿~t,~;' .~:~. " ¡ r~'requires the Clerk to prepare and propose to the Board ment and investment policy, which the Board will be required to adopt by resolution and no investment can take place until the Clerk with that policy proposal and it is adopted. Commissioner Goodniqht moved, seoonded by Commissioner pistor and carried unanimously, that the public hearinq be closed. commissioner Goodnight moved, seoonded by Commissioner Saunders and carried unanimously, that the ordinanoe as numbered and titled below be adopted and entered into Ordinance Book No. 27. ORDINANCE NO. 87-65 AN ORDINANCE AUTHORIZING THE INVESTMENT AND REINVESTMENT OF SURPLUS PUBLIC FUNDS BY THE CLERK TO THE BOARD ON BEHALF OF AND IN THE NAME OF THE BOARD OF COUNTY COMMISSIONERS: AUTHORIZING THE INVESTMENT AND REINVESTMENT OF SUCH SURPLUS FUNDS IN INVESTMENT SECURITIES: REQUIRING THAT A CASH MANAGEMENT AND INVESTMENT POLICY BE ADOPTED PURSUANT TO RESOLUTION OF THE BOARD: PROVIDING FOR CONFLICT AND SEVERABILITY, PROVIDING AN EFFECTIVE DATE Item '7B1 and '8A PBTITION PU-87-9C; WILSON, MILLER, BARTON, SOLL & PEEK, INC., REPRESENTING ATRABAN HOKES, INC., REQUESTING PROVISIONAL USE 8.10 (ESSENTIAL SERVICBS) FOR PROPBRTY KNOWN AS NAPLES ISLBS AND REQUEST FROM ROOKERY BAY UTILITY FOR COUNTY APPROVAL OF EXPANSION OF SEWER PLANT AND SERVICE AREA - CONTINUED TO SEPTEMBER 22, 1987 Planner Nadeau advised that Naples Isles is located approximately ~~ree-quarters of a mile north of U. S. 41 and .:\:', lr ;'.', VJ , ~,._.' ,-' .;.:~ .j!'J f;. , reU:.1.t >'._-_...,."."..,-"..,._"....;~."".,-'<""""'."....'"".."-'.",,-~·'··'·_;""'"",,,...'ki",,"'",,,,,,_~,_ T Mln-n ""'''"''''''''''''"~_~"'''_ . _..aU,"1II " . ' AUGUST 25, 1987 Use to allow construction of a sewage trcatment plant. He that this petition was heard on August 11, 1907 and it was con- for additional information from Spade Engineering and the ç?untY,Attorney's Office. j',-). iÞIf'"';' ,~~~,AS8istant County Attorney Anderson stated that this Provisional "ti['e¡ ~s,a companion item to a Public Petition from Rookery Bay Utility. ,f-" ". ,He,advised that Rookery Bay is desirous of providing service to Naples .Isles and Staff has been working with Mr. Spade, owner of Rookery Bay .i' : ;,utili ty, and his attorney on an agreement which would enable the ~~> . ;~.Utillty to serve this development and other developments that are '~J"" ~/~urrently on individual " r,,,;' } ~'.. ~: package plants. Mr. Anderson st~ted that the agreement is not in final form yet, ~,however, it is intended to provide a smooth transition when the County ,f~.~wer- facilities are available in that area. He recommended that this .>": '. '. . 'Provisional Use Petition and the Public Petition be continued until .J~~ .. ,i.~yePt~mber ,22, 1987. ~" Commissioner Saunders stated that the agreement is between the 'I'County and Rookery Bay and the idea to have the utility provide ser- ~ \ . 'S~ice to Naples Isle until the County facility is available in that 'area., Mr. Anderson stated that at that time the Rookery Bay Plant 'i;' . ...' would be abandoned, dismantled, and removed. ~. ..; ~ In answer to Commissioner Pistor, Mr. Anderson stated that if the is able to reach an agreement with the Utility, there would be for another package plant in that area. i!f j Page 8 &DOK lOR f'1',; 592 '---.....__.._""""""",_- Ii' --""-"'~'-'''''._''-''''''''''-¥''~-'''''''''=-'''-'~'"' lOb mt 593 AUGUST 25, 1987 'rape f2 Commissionor Pistor stated that he has memorandums outlining many, many problems with Rookcry Bay Utility. He said that some of the problems are not new, but have been going on for years. He asked what assurance the County has that all problems will be corrected and it will become a viable plant that could be expanded? He said there are a number of developments that are either already connected or com- mitted to connect and the County needs assurance that the Utility will operate in accordance with the County's requirements. Mr. Anderson stated that one of the reasons for the proposal to expand the plant is to take care of some of these problems. He said the agreement would provide that the facilities be brought up to State and Federal standards. He stated the agreement is also designed to .~ . prevent future problems when the County's system is available. Responding to Commissioner Saunders, Mr. Jim Spade, owner of Rookery Bay Utility, stated that it is his intention to try and integrate the Rookery Bay System into the County's Master Plan. He stated they have eliminated a number of package plants in the area already and feel they have done a good job. He asked if maybe the complaints Commissioner pistor is referring to are about Port-Au-Prince, because Rookery Bay is a good operation and has received no complaints. Also in answer to Commissioner Saunders, Mr. Anderson stated the .South County Sewer Master Plan provides for facilities to be extended ,; ;';' - - ...."."..._-....... 1 ·t~~ .{~:, " ;1, . ,~ 'þ,. \~ ~}. ',' '~ffl' : .' .I .t",',_ ...' .,. ,,'; : ," ,~', . ;, , ¿,!Ä¡' .;: f'· -'i/'o" ~ '~l , : <I~I c~ .~' ... ,~-, 1'~:: "l: (i., ~t j .~~q :" ~ ~. AUGUST 25, 1987 the intersection of C.R. 951 and U. S. 41 between 1990 and 1993 and Rookery Bay's plant in the years 1997 to 2005. In response to Chairman Hasse, Mr. Spade stated they will be ~> !,;' 1~~)tripling their capacity to include Naples Shores, Naples Isle and the ,1"\' . '~.;.t ! . ..~ .'~ developments already connected, and still have enough capacity for Rr.,~ ~ 1.j . . !.~8o~e other smaller projects. He advised that he has an option on !'l' ; ',~ . 'another lO acres of land, and if needed, it is available for future '"..;j", '~~pansion. .-;!,....:' ", .. ,:rt, Commissioner Saunders stated that it only makes sense to avoid .)'package plants, but the concern is with the quality of the operation. Commissioner Pistor stated concern about Mr. Spade's statement ; ~?aþout further expansion of hi3 plant when the County Plant will be in Iii op'eration in that area wi thin 10 years. He stated there is a memoran- 'ii'" I~', dum dated June 25, 1987 from the Division of Water and Sewer and it :t~::.statea ,quality of service is unsatisfactory, they have not corrected ·~L deficiencies, etc. Mr. Spade stated that memorandum is referring ;I~: t~ Port-Au-Prince, and he is surprised that there is a fictitious '1:; report. ,~ 1, 1" '..J ' ~,,:. County Manager Dorrill pointed out that on Page 9 of the Agenda ~ '~!J., 1. .-''.J., , '~7 ~,Packet there is a list of violations and a parallel list of DER ,.'.' t.-' warning let~ers. He said there are 8 or 9 instances where Rookery Bay been cited by the County Pollution Control Department or \L issued DER warning letters throughout 1985, 1986 and 1987. He stated ..t;'. . 'A.r_t'" , /. these violations are specifically related to the question and recom- ,,:~~;ì"!' !'~.r}~·t;~, ,¡ ¡ . " ¡ . I ~'" ,~¡~,t\: !.; ';' 1111,' ~ . /, ¡ () '. : Page 10 aDo.: lOR rAr,\ 594. ....~..-._-".,...._-~- ·,:i.. <,'" '~: .~< , s &DO( iOB r~G( 595 AUGUST 25, 1987 mended that the Board ask the petitioner of Naples Isle if they are willing to proceed with this proposal or if they would prefer to ,'j';; :::::~d with their request on a provisional use for their own package 1f;~ Mr. Tom Peek, of Wilson, Miller, Barton, Soli & Peek, Inc., repre- 'i'1'1~Jl: , ,i ;il"g,'" , :'.', ',fF' senting the petitioner, stated they have not been a party to the nego- tiations between the County ^ttorney and Mr. Spade, so they are not privy to the details of the agreement. He stated they when they requested the provisional use Mr. Spade did not have a permit to accept the sewage from Naples Isle project. He said the plant was permitted for 150,000 gallons per day and they had a commitment to DER by various project applications for 300,000 gallons per day. He advised they have verified that on April 15, 1987, the Utility received a permit from DER for construction of an additional plant to 450,000 gallons per day. He noted that to date no construction has been started on that project and they are concerned about the time for completion if he intends to make the expansion. #' , ¡.¡ ~~ ""'1'''''' . ''¡'' .'..-...!"-",.'.,...;. ~,);t _ ~ '/i.- ~~_ ~<: Page 11 . ',' ::\~'I~/ 'lJ :. .. :L~>t;.,~.:~~~ _{,: .; ..,¡.¡ '" ~.;' "y,if ' .' .tJ\,~~. " ':; t : ',' ":,:··~i , .'\ .\~~ ~.,J. ~ .. .j / ,.:-7"t~ ¡" Mr. Peek stated they ace also concerned about financial respon- sibility and operations of the plant. He said that if the Commission forces Naples Isle to receive service from Rookery Bay Utility, there must be a guarantee of continued service. He noted that the peti- tioner does not particularly want a package plant on his property. He said he would cather go off-site with the sewage if there is a respon- sible entity to accept the sewage. . '.... \ '''II ;.;. - .. ,-,,,.,.,.,,-~,,- j "ft/ , ;.~~;;.:~, , :"~",, , '. :t., : ;tJ '~:";\;,~' AUGUST 25, 1907 Mr. Peek pointed out that because of the mechanics of the govern~ . mental process, it takes 6 months to get a provisional use through the various departments. He said that if this petition is denied today, it forces them to negotiate with Rookery Bay and if that fails, then -~the petition for provisional use would have to start over. W' :. ",.' Mr. Peek stated he also has a problem with the suggested con- September 22nd. He advised that two weeks ago Mr. Spade the Naples Isle property was within his service area and advised that the property was not within the Rookery Bay service He advised that two days after that last meeting, Mr. Spade an application to have his service area modified to include the '~.¡,. Naples Isle property. He noted they have 30 days to object to the .~,expansion of his service area, and that timeframe expires on <, , September 13th which is prior to the continuation date of September 1il~' .. ' ~w ~ . '., 22nd. He- sald that if an agreement cannot be worked out between the '<'.',~ ;' County and Mr. Spade before the objection expiration date, the peti- ':.;.",~;- ~ :k·tioner has lost his opportunity to object to his property being placed ?;, , ~~ ·within that service area. ~. ~:';.. .'l.L '::,. Mr. Peek suggested that the Board permit the provisional use with ~-,' 9; a stipulation that the petitioner continue to negotiate with Rookery Bay for service and the County can continue to negotiate to enter an agreement that will guarantee that his plant will continue to operate not only the existing customers, but also the future custo- He said that if those agreements can be made, the petitioner í.·--'f Page l2 " LF) t.';",· : ''Ii; , &0011: lOR n',I 596 ,.,"'-,.,--",_....""_._--"_.."'--,,-"'''''......-- "'""""'-'"~"- :J ,,~ lOOK ,/ , ¡j,. "~~' .'*'e :.0-: t'. j~ ,\, " ,~"i/, Jj; . }.', ~; ~~' ~;., 10R r~r,1 597 AUGUST 25, 1987 will not build his plant, but if not, the petitioner will not be denied the opportunity to place a plant on his site. In answer to Chairman Hasse, Mr. Peek stated there is a great deal 'of flooding in the area, however, the Naples Isle property has had its water management plan reviewed by the County Water Management " 'i Department and the SFWMD. He stated that the area where the plant is to be located, the ponds, and the rest of the development, will not flood. He also noted that they have met with the Westwinds HOA to discuss their concerns about flooding in that area. Commissioner Saunders suggested that the provisional use be con- tinued until September 22, 1987, at which time if there is no 8ccep- table agreement, the Board will consider the provisional use, the County Attorney, along with Mr. Peek and Mr. Spade, enter negotiations that is acceptable to the County Attorney's Office for the provision of sewer service and turn-over of the plant to the County: Mr. Spade should be required to provide proof of his financial ability to fund the requested expansion and a timetable for construction, and finan- cial responsibility for continued service: the County Attorney should file an objection on behalf of Collier County to the expansion of the , ;}r¡~~; , .,,~:ti: t..,P':'~ . . ·Ie~#: ",: ~~ . . ~ ,', ~. ',' \ ,', 'i: ,.'..,',~" ' ' .' , .'" / " "...". ,,~> .~~' ;",:..: ,.~..: 1" ,,~~!~ area. Mr. Peek inquired if the County files an objection before September l3th and it freezes that particular item, and then an agreement is reached, would the freeze be removed if the County remo- ves its objection? He explained that he does not want to enter an ..' Pågèt13 f(,(.;.~. - - _........._'~L'''~'..,._",....~",''__.._'-'__~_...,''''- 1 '_'__H<'.'~__''"'"'" - ."-"""~-"'''''-''''''"'''---'':'--''''"'":''''''''-''''''''''--'''''''''''."''''~."''.'''''';':.,.~'""~"'_"'''-''''~-':''''- AUCUST 25, 1987 , agreement with the Utility and then find the PSC won't grant him the ;},extension becðuse of the objection f Bed by the County. He suggested 51:that it might be better if Mr. Spade merely asks for an extension of 1:;'1,"'. ~~hi8 ðpplication for 30 days. 1ft." ,~' , Commissioner Pistor asked if the Board couldn't grant the provi- ¡t., ~{'8ional use with provisions to meet the concerns? Mr. Anderson advised ;0 {(that once the provisional use is granted, the petitioner will have the ... '... " 1'.." Æ' right to build the plðnt. He pointed out thðt Mr. Peek and Mr. Spade ., .' t' '\' ' 1~1~, 'will have to reðch an agreement on their own and the County and Mr. 1>\ Spade will have to reach their own agreement. He stated that Mr. Peek ~~, ~'~ should also file an objection to the expansion of the service area. . " ~>. ,t'L', Mr. Spade stated he is willing to request a 30 dðy extension to ~:i\ .,' . It " ,~~hi.Gapplication. c," !}', "Commissioner Saunðers moveð, seconded by Commissioner Glass and t.:' , )f.'.carrie~ unanimously, that Petition PU-87-9C, Wilson, Miller, Barton, ~ 8011,& Peek, Inc., requesting a Provisional U.e 8.10 for es.ential t J~: services and Public Petition from Rookery Bay utility requesting ¡;, expansion of sewer plant and service area, be continued to September H ~~ 22, 1987; the County Attorney be directed to meet with Mr. Spade and ~tKr.peek to work out an agreement; financial responsibility anð a ,:'\.. ~construotion schedule be determineð; and the County Attorney is to ~'..' tile an objection to tho expansion of Rookery Bay utility's service .....J\..,. . ... Saunders also noted that Mr. Peek should also file an Page 14 . r {.q' ~ , t._ ~ ", l::,~(¡ j ,,~t ~ ';] \~.' Sl ''$1',...> - &OOK lOR w,r 598 ".. ·""V"'...~".,,,,,,·" ..-....~__,~..... ,"; " '00( jl()f)FAr.E~~{} objection to the Utility's application and Mr. Spade should file a 30- AUGUST 25, 1987 day extension request. Item f9A1 CARNIVAL PERMIT 87-6 FOR GOLDEN GATE FRONTIER DAYS FESTIVAL, OCTOBER 30 TO NOVEMBER 1, 1987 - APPROVED Planning/Zoning Director McKim stated that the Golden Gate Business Association is requesting a permit to conduct the Frontier Days Festival on Golden Gate Parkway to the east of the Golden Gate Fire Station from October 30 to November l, 1987. She stated that ð , "Surety Bond" has not yet been obtained, however, a letter of commit- ,ment for the Surety Bond has been submitted. She advised that Staff will require the applicant to provide proof of the surety bond one week prior to the event. She advised Staff recommends approvð~. Commissioner Goodnight moved, seconded by Commissioner Pistor'and carried unanimously, that Carnival Permit 87-6 for Golden Gat. Frontier Days Festival from October 30 to November 1, 1987, be approved. :. ,':" L,1.!"~l:'''-; !\! ; L ~ ,~. , ' .,)1 . ¡"no. ; j ¡. 1 ;~\i 1'" , - ,-~ \: ~~. .:;. ¡ Page lS ~~ " <', : ~'\..' - .. <-~._~...~...,.._-,,".,,--.--.-..-~"" or ,,.,:.\ ". t1.¡( ,!:J;~ . .~".. -( î+· :~ ~¡ !irL ,,>1i'J!' ":~ + ~¡~\¡- , ,;,~,.~ " .¡r :;:~, ,', ";' , ~', ~ AUGUST 25, 1987 11M RBSOLUTION 87-1'5 EXTENDING MORATORIUM ON ISSUANCE or BUILDING PERMITS ~OR PRIVATB BOAT HOUSES, BOAT DOCRS OR PILINGS - ADOPTED WITH STIPULATIONS Planning/Zoning Director McKim stated that in compliance with Board direction, Staff has conducted meetings with various groups the moratorium on boat docks. She stated that the issue more complex than anticipated and Staff will require addi- tional time to finalize the ordinance. She advised Staff plans to present this ordinance to the Board on October 27th, however, they are an extension of the moratorium for a period of 90 days. Commissioner Pistor suggested that waterways of 125 ft. in width, wider, be exempt from the moratorium. County Attorney Cuyler ,advised that it is possible to lift the moratorium on a portion of the . .' , ~waterways. Commissioner Pis tor also suggested that applicants on ;~ . waterways~that are wider than 125 ft. be required to show they are " ", interfering with the navigable channel. A lengthy discussion followed on Commissioner Pistor's suggestion, commissioner Saunders moved, seoonded by Commissioner Glass that moratorium on private boat house., boat docks or pilings be approved for waterways 1e.. than 125 ft. wide; and applications for .Fstructure. in canals over 125 ft. wide must include proof that the -#;~: ~~.tructure will not interfere with the navigable channel and that "'.:'.';., ,. 'Ü~".olution 87-195 be adopted. ) 1 .,.~ Page1lG d, ~ '1, ,I, j ¡ f t ¡ : " . MM 10BpAG(604 .,~"..,._-.....~-,._..,,,"..,.,,,_,,,~,,,,_".' _..... "If 1 __-'U'. ...~''''._....~'...-- '., , '~ ~'~h01lK: 1061'~t;r 605 t, AUGUST 25, 1987 Attorney Donald Pickworth, representing Naples Dock and Piling Company, stated they support the motion. He requested that do everything in their power to insure that this matter can be '~p on'Ootober 27th because a lot of companies are losing money ¡the moratorium: .. , Mr. Tom xalbfus, President of Marco Island Taxpðyers Association, 'stated they are in favor of the extension. The motion carried unanimously. " r' ,", ; ¡. ,.,: . '" . . ¡ : f, ' ~ r ~ I!. . ,,;> . \ /"~' 1 q ~ , : '.~ ¡ . ,'.';L ~ " .. ".' '.' " ~' ~(- .<:).~: ¡ ,f '. jt} f:~4\ " .,... .. ,\~.,.\ . "\'>-:~~~' i.. ':~. ':" ,) , O',';';{¡:l :,J.;,'", 't.~.ftI, .. , : "i ~~_;~~ ru CC\ '11,,¡: . . . J.,<itJ~ 'J """-',f. ,,1 (' .....i ¡ ';! f! , " , '.. , . , tl ~.' ~ ~! ' ;; " ,A ,~. r 1 '!, ')! t'1 (,,~ ""","-"'~-". """.','¡;¡',' . 1:1 'U: .. ..: ,' " : 1.'1; · Þ. :' ,~,"',' 'DOlt 106 W~ 609 It.. f9A3 OPTIOK '1 FOR HISTORICAL AND ARCHAEOLOGICAL SITE AND STRUCTURB INVENTORY FOR PORTIONS OP COLLIER COUNTY - APPROVED AUGUST 25, 1987 Growth Management Coordinator Fitzpatrick stated that this item~1 was continued from August 11, 1987 for a proposed contrðct with 'If ., ,Jil Floridð Preservation Services to conduct an historicðl and archa~o10~·!;;t1~. Management Legislation. She stated there are four options for completing this work: ~j: . " ..' -, A contract with Florida Preservation Service for $l6,000 ¡ , which includes the sub-contracting with ð professional . ~~, archaeologist to perform that portion of the survey wQrk,. ,: j',:J¡', .,:.,'~*:' 1. 2. A contract with Florida Preservation Services for $10,000 for the historic survey portion of the element and to encourage the Southwest Florida Archaeological Society, a volunteer organization, to assist in collecting the archaeological site survey work. She stated they have spoken with John Beriault, President of the SWFAS, and they have a problem with the timing and he has encouraged the County to use a professional archaeologist for this work. 3. , .".,'" Initiate a $3,000 contract with Florida Preservation Services ' '~:'~ to C::0'!lplete the requ~re~ data analyses, goals objectives and, ,""";"~,:I"¡,',,;,',\' :, pollcles based on eXlstlng data only '" ~:~~" ' To meet the requirements with in-house Staff using the t~,' existing data from the prelimiOðry historic Bite survey and ';':. '~1,. : not including any archaeological site survey '...ork in the ana- ,~~u:~;, lysis. " .. ".~:,~' ¥ ."";'1' :)ï ~ . 4. "Mr. Arthur Lee, representing the Southwest Florida Archaeological Society, stated that it is regretful that they don't have the manpower to conduct the survey. He stated they highly recommend hiring a pro- . fessional archaeologist to conduct this site survey and requested that I,' - - "..~_... -""--"'"""",..~---_",_-_"",."--,,,,,.,,,.,>,,=,,,,,,,,,,.,,,",-,",",,,,,,,"~-~-.,,.",,,,""',"-~~,,'''' AUGUST 25, 1987 ,:.'./they be "Howed to participate in the process and analysis. ..~,tt' , Commissioner Glas. stated that he would like the record to reflect that Collier County is not required to have original data collection , by the Growth Management Legislation. Commissioner Saunders stated his opinion that it is important to have a site survey and it is a small price to pay if there are any historical or archaeological sites in Collier County. Commissioner Saunders moved, .eoonded by commissioner Goodnight and carried unanimously, that option '1 be approved. ... RECBSS AT 10t25 A.M. RBCONVENED AT 10:35 A.M. ... Deputy Clerk Kenyon replaoed Deputy Clerk Kueter tA4 , . ~ ~~, ,~ , CONSULTANTS RANKING AND INITIATION OJ/' CONTRACT NEGOTIATIONS WITH PLARTBC CORPORATION FOR A STUDY OJ/' COMMERCIAL LAND USB - APPROVED .j;'" , ~; , Planning/Zoning Director McKim stated that this item is to obtain ;. ,Ç'. approval of a ranking of consultants and to initiate contract nego- \," ~ t,Jtiatio~s.' She noted that on June 2, 1987, the Board authorized ,<, .~. distribution of a Request for Proposals for a study of commercial land "", ~.. ~~'uBe'needs to assist staff in the redevelopment of the Comprehensive *~" ~'P18n ,in accordance with the Growth Management Act: to assist in the " ~)res01ution of certain commercial zoning issues and the moratorium on ;~ application of the commercial calculation formula for Planned Unit + "':"¡Ðevelopments per Ordinance 87-Sl, and to respond to the heightened . ~; ~lnterest in urban design resulting from the April, 1987 report of the :jRegional/Urban Design Team. She indicated that the objectives of the of·."' , , , , Page 19 ,. f 'í, ,I ' , i ) " ; '1 ~! " &0011: lOB rar,r RiO ,...·r ,",~_,,,",",.......~,".__,.;;-___.......-.,~,,.",,,,,,,.._,,,,,_.__,,,",,,,,,,.._.~__;.....,·".·,.·_,_"_..',""m'..'_._~,_,"'·",·.......''',,_,,·,·.,....,~...".'''" _._."".,_ AUGUST 25, 1987 in the Request for Proposals are listed in the ^ugust 25, 1987. She reported that 7 con- sulting firms submitted proposals in response to the request and a selection committee consisting of the Community Development Administrator, Director of planning/Zoning, Chief of Long Range Planning, Growth Management coordinator, and Director of purchasing reviewed the-proposals against a set of nine criteria and on July 28, 1987, received Board of County Commissioners approval of an unranked short list of three firms and of a selection procedure. She noted that on August 7, 1987, verbal presentations were made by the three firms to the Staff Selection Committee and to the Collier County Planning Commission and following the presentations, recommend~d rankings were determined by the Selection Committee and presented'to the CCPC. ': 'tapes f4 She noted that the CCPC concurred with the recommendations of staff and the ranking of the three firms in the following order: Plantec Corporation; Economic Research Associates in conjunction with Wallace, Roberts and Todd and Adley Associates, Inc. She indicated that the next step in the process is to initiate contract negotiations with the top ranked firm which is Plantec Corporation. She stated that negotiations will focus on the project's scope, duration and cost and following negotiations a proposed contract will be brought to the Board for approval. She indicated that she is asking that the Board , !',' " , " Page 20 - - "..~~-",.... ...-- .I, e' .- ~ ,,~ ~, t~;. 1. ;. . ',,' 'f'~>. '~>~£:,. ,,':I:µ,·r....<; .', ~.-; . 'J " -'- ;' ' . ~ J", ., ,.,'"'''' ':',' 1,.,-"·'" .', r '~'i";~ :{tJ, ,"' I.;~; .¡: ;" '..r/', ~" f,'IP":,J,, ::,', "'.'~ ,:';.'!oi , i:g , ' .( '~:'r' :. 'f'.~" ':' ,,' '!k; " ,\' ",,' . .: f',} :~\·~.f' ~ \ """ll 'J', ~Jr'~;' F'·'~·~"i " F.'{l""-,ø; t~ ,.~tfT AUGUST 25, 1987', ". ~;êpprove the ranking of consultants and the initiation of contract "\' .~ negotiations with Plantec Corporation. .. !I'. '''Commisøioner Pistor moved, seoonded by Commissioner Goodnight and ,.' ~:~aarrie4 unanimou8ly, that the oonsul tants ranking and initiation of "~ón~rac~ negotiations "i~h Planteo corporation for a study of oom- o If" \ ,_ .' ..riaal' land US8 be approved. " \;"'h, ," .... ftB2 , , , .",.)' ". ., CONSULTING BNGIHBERING SERVICES AGREEMENT WITH HOLE, MONTES , ASSOCIATES, INC. FOR PHASB II FINAL ROADWAY DESIGN SEkVICES FOR THE NORTH NAPLES ROADWAY MUNICIPAL SERVICE TAXING AND BENEFIT UNIT - APPROVED AND INSURANCE CONTRACTUAL PROVISIONS REGARDING INDEMNITY AND HOLD HARMLESS PROVISIONS TO BB RESOLVED IN TWO WEEKS Public Works Administrator Archibald stated that this item deals with thè Phase II design contract for the North Naples Roadway ~,k ..J¡~, ~'. Improv~ment project which would include the extension of Livingston ,: Road from',Inunokalee Road North into Lee County and also extend it ,..... :')~( f" ~ Y;\ eastward 'to old U. S. 41- :>'.: > ·~';,two weeks ago with regards to financing with the idea that this will ;,become a future arterial roadway in Collier County, adding that gas He noted that this project was brought up ·f ~h18 contract outlines the Phase II work. He stated that as part of 'the 'contract all the backup material is included that indicates how ~)"thê"p'dè:e ;f the items of work were determined. He indicated that the .~. :... ; 0; total contract amount is approximately $570,000, but the total project .~ ';.~~ ,f~costwhich includes road construction and waterline extensions is a " . ~. ",}"Httle over $5.1 million, adding that the total price of the design' ~(; , phase represents approximately ll% of the construction cost which is I 1, , ..; ,I;;.; ~.~; po.r f , í" ·f j~age21 LílO( iOô rÂ(.( ô12 IW~ "a- ......._____'''"'''''_''~'' "..,".,.,.,.~",,,-~-,-,,,~.. "M"'. _"""""'____a,_."."',·,,,.._, ._"'...._"',""""'...."..·,L_""~..· ".".,- ..~ .i I ,,',tr~ , . :L;~~!; .~ , '.,.'.",' , '. . ~ ~1,,' .'. ...) ~ L~ :~ ~ '';: , .,. .... :.~?,4,f aoolt 106 FAt;{ 613 AUGUST 25, 1987 in line with previous contracts. He noted that the two items that have been brought up for discussion relative to the contract are some of the costs that were associated with the public hearings that were held in September. ,,', :.:~¡ " """,!~,',j . ~ , - 1 , ,'þ. ,\ ,,.. , " ~ , ~ ..... . , acquisition, , . '~:;:'I;: "~~~~) He indicated that there were a number of issues discussed at that lime that were relative to right-of-way bridge constructio~, and road alignment access and as a result of that hearing there is one added item that amounts to $12,308 and was actu8lly incurred 8S part of Phase I but is being included in Phase " ,'.,!'~ , . .r~ . ,'~;~" " ~1':": " .~ :¡ ..' \); .'~'! 'i./ ' "it! , -~~ t . <: ;,¡; ,i,~ , .' .',. ~ II . He noted that a contingent item was also brought up for discussion which deals with the assessment procedure and the need for the attorneys, if necessary, to play 8 part in establishing the final aSðessm~nt roll, adding that the proposed contract has an amount of, $20,000 for special attorney's fees which, if ject to a future contract and brought back to ,. ,;,'f: . ."..;:,. , necessary, would .be Bub- ;;.,1'< ,(f.' , , the Board for approval. '{. ~~ ,¡~. "',.. "'.Þ~ ,.~~ ; , rI'!.~ He noted that there is not only the design cost for the project but othcr costs that may be incurred so that the property owners that will. be assessed have a worse case scenario of what the cost may be. He stated that the total contract amount is $569,l25 and the contract documents are similar to other design contracts. He noted that there is one area that has been subject to a series of meetings and 'discussions that has not been resolved yet and still needs to be looked at by the County Attorney's office and the Risk Management office and that issue is both insurance and indemnification., He indi- cated that due to concerns expressed by the County Attorney and the I Page 22 - - -·,..·"",,,_..._......,U._.. AUGUS'f 25, 1987 Manager, that part of the agreement has not been signed, adding .;~ ,,"{,i,;' that he is presenting a contract that outlines the dollar amount but ;1.;,,, is not to be approved unless there is concurrence from the County 't:. " ~~~~torney's office and the Risk Management office on the issue of ~.~, ,,' , He noted that he is requesting that the agreement in ~regards to the dollar amount be approved and that the issue of the ~'~~indemnification be addressed within the next two weeks and brought back'to the Board for a final decision. He noted that one reason to have' the indemnification issue brought back is that there is some ver- biage in the current contract which is different than the County's current policy and because of the differences, it may be appropriate to resolve the issue and then bring it back to the Board. 'C County Attorney Cuyler stated that his office has reviewed the f." H;': 'contra~t ~nd he would also suggest that the item regarding the indem- '~~~ification and insurance considerations be reviewed. He noted that it ~tmay involve some very basic policy decisions that the Board may have .. 'f;" to make regarding amounts of insurance and the risk versus the cost factors that are involved. He noted that if he cannot resolve them ;f~within the next two weeks, he will bring it back to the Board and " .,' ....: >:'explain the situation. He noted that his only other remark is that J.,,' o:".i'åny additional legal services would have to be subject to a separate ;~ ;contract. , , >. Mr. Tom Taylor of HOle, Montes & Associates stated that the ,,-, , , . ,:.. Page 23 {'. '¡ . (. q- ~ 1 I &OOK 106 r~r,i fli4 "~~-,~;- 'OO( 106 p~r.t 615 AUGUST 25, 1987 contract that is before the Board has involved a lot of time in trying to resolve these issues. He noted that he contected some of his con- sulting competitors thet also have contracts pending before the County now and this indemnification clause is affecting all the firms., He stated that there are problems with the indemnification as well as the insurence requirements, adding that the indemnification is much more of a blanket type indemnification hold harmless to the County. He noted that as consultants, they do carry professional liability insurance and those coverages ere specific in that they cover negli- gent acts, errors, and omissions i~ the performance of their jobs and ,;1, "( , '~ , ' ;,.-~ ~1,1 '~'{¡' ft. ¥'"',-' , .,', t\._.~~, ;1 if something goes into court that may not have anything to do with ' " ",',;;' negligent acts, errors or omissions on the consultants' part, the con-':\\I sultant is essuming the liabilities associated with that end holding ':-;~'::~~!!fj .~_~jl duties and beyond that it is a liability that they do not have coverage for and cannot buy. He stated that the contract means that the County harmless. He stated that his firm and the rest of the firms that he has had contact with, cannot live with that type of a scenario. He noted that on the insurance coverage, there is also problems with the requirements that all the sub-consultants have the same insurance coverage that the consultants have, noting that some of the consultants do not carry professional liability insurance because they are not technically called professionals, such as hydrogeologlst. He noted that they cannot get professional liability insurance, adding that there are only two professional liability insurers in the world 6 : ~', ::' ~ ',: "'.) , , , - .. __'" T'" , AUGUST 25, 1987 and Wilson, Miller, Barton, SolI & Peek, Inc.: Johnson Engineering, and his firm are all covered by the same firm. He 3tatcd that real f estate appraisers, aerial photographers and surveyors, and environmen- . )~.r,:, . '-"talists, cannot get professional liability insurance. He stated that no problem with the rest of the coverages or including Collier as an additional insured on the general liability and the busi- auto, but it was felt that the issues of concern were brought the Board because they have been working on it for several and no progress has been made. Mr. Bill Barton of Wilson, Miller, Barton, Soil & Peek, Inc. they expect that their client will be from any damages or costs arising out of their negligence, errors, or omissions. He stated that he feels that this is fair, but the problem is when the language of the hold , harmless clause goes beyond that and begins to cause the contractor to ,''1-,.\0:-': . ~;-" hold, the County harmless or any client harmless for actions that are ; jt, beyond their control. He stated that the County Attorney should be a; given some direction indicating that the contractor will protect the ,t~"'.., ~/, . ;'County ~rom those things over which they have control and not for ~ ;.,'--~' ,;J.:-things that they do not have controL He indicated that most of the èJ ,.'" :"";::language that is in the contract goes beyond this control and is .$0,... lit- 'I';~' including indemnifications that insurance cannot be bought for, which ¡ , :',~~ts their entire corporation and their entire personal wealth at risk they cannot do that for any client. . ~:.. ., ' , " . ._,i. :'-;t.· lGP" 'fl" ',; Page 2S ; t) h::' &DDK lOR wr RiG .~_.,-~._. \ ~ ~~: ~t ~1~' lit "OO( lOR p~r,t ()17 11 AUGUST 25, 1987 tø~' County Attorney Cuyler stated that he would disagree with Mr. '~~ Barton as to how to proceed, adding that the more appropriate way to :~.~: proceed is to work on this contract and to check any alternatives that may be available and if some agreement cannot be reached in two weeks, , he will present to the Board a more comprehensive discussion with some paperwork to back it up \~ith regards to their concerns. He noted that there are things that people do that are not negligent but the contractor is still held responsible and the County could possibly be held responsible for those things. He indicated that the Board needs to make policy decisions on whether or not to absorb this type of risk in return for the amount of money that the consultant is being paid. He stated that over the course of the next two weeks, he needs ,to check all these things out, and questioned if Mr. Barton had any objections to him t~lking with his carrier, to which he replied nega- tively. Mr. Barton stated that this has been going on for about 4 months and it needs to come to an end and if it can be done in two weeks, he has no problem with that. Commissioner Saunders stated that it is difficult to come up with a policy statement concerning a hold harmless provision that would apply to all the various types of contracts that Collier County enters into. He noted that as ð general rule, in this type of contract, a hold harmless for negligence, errors or omissions is standard, but it , may not be standard in some other type of contract. He noted that '. , I Page 26 - - -·"'..·__,.,..."'._."........A4. .. ....."". n . _ "''',''.,_..___'-...'''''...",.._....'"... .; . ; rf~~ ~-¡',:,:.~ -~;~\ . ' .., ~;lf;'" " ;~tf;;( ,~ :~~i, .',"~'~" . ',I .. " <>II! .. " .,.;~~' ", '~.(,' : . ,) '~- (~:r~~ , ,.~.~:'~'. 1,;" "J -.(1 ""íJ .; ~~~;l~-:: , ;;: i«" )~~ ._::~~g~ \: ~¥l, . . { ;: -,to ¡.~/~~. ~, ':y¡:" ' "h".' AUGUST 25, 1987 ~these need to be reviewed on a case-by-case basis, but at the same 'â;itifo~e, ,the County has to look 8t wh8t is reasonable in relation to the ,',general st8ndards in the communi ty or sta te. I ,~'G" ' ¡~ County Attorney Cuyler stated that he agrees that in many instan- .:::,~,~ ') ", ,I ., ,ces these have to be looked at on a case-by-case basis, but this is :;:':~'J1'" I " ," ~80methirig th8t he will try to resolve in the next two weeks. He noted ',' fC' ',< '. -', /that'insurance, indemnification, and the contracts are critical to "f·f.." .. , ,:;~::count:y 't)US iness . )'f': , . 'l'''' ,..' ¡ . I,~,:,,' "'Mr'. B8rton stated that these are County projects that need to be ~~ done, which is the only reason that they 8re being done, and to antici- ~. :;~:¡:::ta::ec::::t;o::a::1::e:On:: :::: ::::e~n a .,oject that they ~., '~ Mr. Montes of Hole, Montes & Associates st8ted that he agrees with ¡·1f~~;_.,Mr. Barton 8nd Mr. Taylor, adding that in the case of Livingston R08d, ì'1~1·..thèY hàve been trying to get this contr8ct done for 8 year. He noted ~;\}\., " " .~t~at they have everything re8dy to go 8nd this matter needs to be ¡.¡, ~ l' resolved as soon as possible because he cannot wait that much longer. ,He stated that he does not understand why they are insisting that the ';. cönsultant provide this insurance when there is not any available in .~_~ ~i ~ l~r thé'market, adding that if the County can find it for him, he will buy ~~{:~'. .'. ,', \~:lt but the County is going to pay for it bec8use the consult8nt will- to the County. ...., '\1 ', Mr. Harold H8ll of Anchor Engineering stated that he concurs with the previous speakers and indicated that with this terminology if the ", ': c;o'q ~" . ~ -¡, ¡ " ;"!, Pðge'27 P¡i¡ , \." I I, , ~OD( lOR r~I,! D18 ~ ': ~; ·¡/;t~!;t ,:, 'i:,~<~ ~~i·. "'~f ; ~ ~. ., \ -_."""""-,,.,......-.....-.. _."-~,~~,.~.""'_~,,,a.¡.,, ....._-"'-""""'''''''',.'_-,~."..,.,,-,.',.''''''"''._,'~,;'._~ .,..."-,,,-,- aoo( 10Bnr.lfi19 AUGUST 25, 1987 insurance cannot be obtained, then the consultants cannot serve the County. He noted that he can get insura~ce to cover his actions and of those who are directly under them, adding that they prefer not to have the requirement that all of their sub-contractors have the same insurance that they have. He noted that his insurance is adequate. County Attorney Cuyler stated that in a case like this he is not the ultimate answer, adding that the Board of County Commissioners is the ultimate answer. He noted that he will explain the ramifications and the possible problems if something cannot be worked out that he feels comfortable with and the Board will have to make the decision as to the amount of risk that they want to bear. He noted that the intent is not to have a risk contract, but he will explain in two weeks, if necessary, exactly what the situation is if they reach point. Commissioner Glass moved, seoonded by Commissioner pistor and carried unanimously, that the Consulting Engineering services Agreement with Hole, Montes' Assooiates, Ino. in the lump sum and cost-plus amount of $569,125 be approved subject to resolving the matter of Indemnity and Hold Harmless provisions which will be brought back in two weeks; that the PUblic Works Administrator be authorized : ! to issue a partial Notice to Proceed to the consultant for performanoe of certain value engineering service items as outlined on Page 10 of 57 of Exhibit "A" to the Agreement; and that the remaining engineering services be authorized upon resolving the indemnity and hold harmless provisions. - .. ."'~.,-~. {>l:; , ,¡'\\"I' J-'Jf,: ~, ! AUGUST 25, 1987 OF LONGSHORE LnXE, UNIT ONE - npPROVED FOR RECORDING Public Works Administrator Archibald stated that this item deals ~I~~ith the plat approval for the Longshore Lake project which is located .'1/, north of C.R. 846 and is immediately south of Quail Creek anu to the east of Valewood Drive. He noted that the project was previously approved as a PUD, but the developer wants to go ahead with the construction in unit 1 in accordance with the PUD requirements. He noted that he established a maintenance agreement and an escrow agreement to insure that the site improvements will be undertaken. He noted that the site improvements amount to $l,187,000 and staff is .~' recommending that the plat be approved for recording subject to the agreement for construction maintenance and the escrow agreement. He that this is for Phase I only and amounts to approximately lots of the total amount. commissioner Glass moved, seconded by commissioner Saunders and ~ -i''' ~ ":carried unanimously, that the final plat of Longshore Lake, unit 1 be ,,'(.'::' ,~ approved for reoording subjeot to the revision of the construction plans in aocordance with the utility and/or Public Works Division requirements and that the security for the subdivision improvements be aooepted and the chairman authorized to execute the Construotion and Maintenanoe Agreement of Subdivision Improvements and the Escrow .,' Aqre.ment. ; "~{~£(~,:; ¡..G L" : '", _ , ~,,~,.¡}., ";:'. ("s.(, .t:!~.J·'f;" :J ..> \ ,1 " '" il"":; '. . Page 2g'~ MOK lOR FA',r R20 "', ,... -'., 'L~t_ ~ ~ ,.' " ;;'t'~ 'i)'~ .,1\-,.: ',' ,', .,. ,',.¡} J, ;(:ff!:t42.' :ihb ,,~ , . , , ',.. ,":> ;x -1'1111 . P ."'!' . __ _.~" t I..____'''''~'""" .~ ,.~,;.__""...""...............,.."" ""'iI_'~1II _"'--""_"_""'~"'~·"'''''"_''''-.''''''~''''''"''''''''d..~,<",.,."....",.~,.""'_..,~_.-".--".....,,',.-..,,...~."_..~.,_. '-~ aooil(·106 FÚ.\ ô29 ""'"-'...... . _' I .-r::..". ,$".~. . \-. # ~ . Item' "Bl ' COUNTY ATTORNEY TO PROCURE THE SERVICES OF A QUALIFIED BANKRUPTCY ATTORNEY ON A LIMITED BASIS TO DETERMINE IF THERE IS A WAY TO REVISIT THE VENUE OP THE AVATAR CASE FOR THE BENEFIT OF THE RESIDENTS OF GOLDEN GATE ESTATES AND COLLIER COUNTY AND THAT THE COUNTY ATTORNEY RETURN IN TWO WEEKS TO BRIEP THE BOARD ON VARIOUS ALTERNATIVES AUGUST 25, 1987 , , j ';,:_!.j] ," ~ :., -;..~.,;~~'~ '1' ,-' '......Mì(,,- J' > ~'if'i" I I, Real Property M~nagement Director Carroll stated that on November, 15, 1983, the Board entered into an agreement with Avatar Properties, Inc. in which Avatar agreed to donate 1061.5 acres to Collier County to help provide essential needs to serve the residents of Golden Gate .f,)'; , ,-,1.4 Estates. She noted that the land or the revenue from sales of this r'.'?, "';,:.~ t ~ ': ,r.1~ land is to be used for government facilities such as fire and police "~ :::::::i::~.:C:::~:;t~::~"'~::' .:::::' t::: ::: ::::::::: :::::::Yf:: i~,.,t~~ ,:".m " , ; ''1'~ the donation of lands throughout the Golden Gate Estates area, adding, ~'".";,'I' '. that the agreement provided for a donation of 210 acres in Phase I,' "c,t::~;; . 1_(.!:~ ..~. 212 acres in Phase II, 210 acres in Phase III, 215 acres in Phase IV,::-.': and 214.5 acres in Phase V. '. '" Tap. IS : She reported that the Executive Summary shows the recommended acreage and that is the acreage to be considered this date, adding that in some cases it is different than what the agreement provides. She noted that in Phase I the recommended acreage is 2l0.5 acres and that deed has already been accepted and recorded: in Phase II the recommended acreage is 192.86 acres: in Phase III the recommended acreage is 237.89 acres which has already been deeded to the County . ' '1j; t., ' ]~;.~, t\ " . '" ',f,fJ;. '/;';, : >; ::~J~j ,;- .... ;'\1. ~1~' i . 'r Page,,30 'l ,~ì;~ 'r - - - ...,_.""'-..-.......- " AUGUST 25, 1987 ( ! an additional 35.85 acres will be asked for which will total acres: in Phase IV the recommended acreage is 169.83 acres: and ~tGfn.Phase V the recommended acreage is 214.55 acres. She indicated ~, " ,':~~hat Phases II and IV fall short of the recommended acreage in the ~Sagreement and the reason is that staff went through Avatar's inventory "', not come up with the acceptable land so Avatar has agreed 35.85 acres may be selected from Phase III to make up the short- fall. She indicated that staff is recommending that the board accept the deeds for Phases II, III, IV, and V because it is time to move forward with this project. She reported that this has been a dif- ficult agreement to work with but she has endeavored to do the work ,within the parameters of the agreement to provide what would be the best possible benefits for the County and the residents of Golden Gate '\i,:...,.. Estates. ~ ~.~~. '... ;~;,'. t.ance of the deeds, adding that the projected gross revenue is ·t"$2, 078 ;000 with the value of Phase I being $950,000: Phase II value is ti\$377,380J Phase III value is $422,831: Phase IV value is $223,836: and She indicated that the County will benefit from the accep- V value is $l04,033. She stated that these figures were based an average price per acre as determined by the market analysis done by Roger TeganKamp. She indicated that the amount is a gross pro- jected revenue that will be decreased by the Jands that will be r.etained for governmental use and by the marknting expenses. She noted that staff has some concerns, noting that 16.65 acres in the Phase II deed are not acceptable as they are wetlands, cypress or t~; 'f }', 'j ~..' j .:.1 t ~,II·!e HU!l. .; . ,.', 1 f~ge 3l MO( lOR tv·1 ô30 ....'"".~.,....".".....,~~ , I I { t ¡ ~~~!' " IJ,!',·~,'" ~.:,c:" ,t' ~··1O~1~~~~:: ~3:he AUGUST 25, 1987 indicated that she has approached Avatar regarding this matter and they have refused to remove them from the deed. She stated that Phases I and II have been exempt from taxes, but Avatar has indicated that they will pay half the taxes for the year 1987 for Phases III, IV, and V, adding that the Board could ask Avatar to cover taxes through this date. She noted that the County Attorney wishes to verify that certain lands that Avatar indicated are unavailable to the County are definitely unavailable and that they have the paperwork to substantiate that. She stated that there is a great deal of concern about the acceptability of the lands in Phase V and she would suggest that a discussion on Phases II, III, and IV be separate from Phase V. She indicated that if the Board takes any action this date, it 'could be subject to the above refere~ced concerns. Commissioner Pistor questioned what the County will do with all these pieces of land if they are accepted, adding that the County could not use them for much. He noted that a real estate department should not be set up to try and sell this land. Mrs. Carroll stated that there are a few options, adding that this ',issue will be taken up witll the Citizens Advisory Committee that, is ;90ing to be formed. She noted that someone could be put on staff to market the property or it could be listed in the open market or a firm in the Golden Gate area could bring the County contracts. She noted that she is not ready to make a recommendation at this point. She indicated that if the County has the properties, they will have to be 'J !)',I '; I,' Page 32 - .. ~..,"-"""",.~ AUGUST 25, 19B7 after it is decided which ones to keep. Commissioner Pistor stated that if this is accepted it would become government property and questioned if the County could sell it , or, if it would have to be put out for bid? ,'~, ,: .'" J '~"County Attorney Cuyler stated that under these circumstances, he ,:feels that it could be sold outright, adding that if it is on the ~. '~,~;,;.::ppen market, it is an open type bid situation. He noted that it would ~;·.:,bë sold to whoever is willing to pay the most for the property. He ~~t" noted that once it is accepted, the only way to accomplish the intent , '. :~~ is to sell it for the money or to use it for the purposes as set forth } ',' ~i~ t::'::::~oner Pietor eteted thet the ve1ue of ell thie lend ie only ~I" ~t$2"mi1lion. :t . Jt~(""cöúnty Attorney Cuyler stated that an attempt was made to nego-: ,;.: Hate with Avatar regarding a cash settlement of all these properties ',," ~ , ,,¡.':t. " " ,,.X and this was well below the figure that was presented to Avatar and ~:' , '·',.they rejected. He noted that there are alternatives of either taking the property, going back to Avatar and talking about a lump sum cash or holding off on accepting the properties and talking to Commissioner Goodnight stated that this has been going on since 1983, adding that she has concerns about Phase II and the 16+ acres not acceptable, but that does not concern her as much as Phase V does. She stated that she feels that there are legal implications ,. , ',paget33 { ¡' '. \, ~OOK lOR w, 632 ;:" -~_'I" "". "......-"'<"""~""-;~.__.....,"""---_....~,....->--".,_..".._~._"... .._-, " ~.; ~~~P' .-4'.': '". r;· :'h'f '~~¡,:'.: '1f~;," þi ~;,.;.: '~" ',f',,'" ~', y: {.. ;.,'" , ' ~,.'."','" if·I, ",. ,", '.'''.~ c' .... .,~ , , '",...~' , '" l;~, : ",'~ >'11 d.'j ';~', .1_:'{, '?~' fi ;i~,' /..¡ii· " :,~ i¡~ l . ,.,"'" .,'" ' 1': , ".~;jI; , "~".irf~t :::t w:u::P:::::- behil~~~ ,1>'. ., ".¡ &OOK 10R W'! ô33 AUGUST 25, 1987 here and there may be a case involved but it could cost $25,000 to fight it. She noted that thp- money would have to come out of the Trust Fund, but she feels that the County should take Avatar to court on Phase V to see exactly what they can get out of it. Commissioner Hasse questioned if the phases can be separated, to which County Attorney Cuyler stated that the Board could address and accept the other deeds and not accept Phase V. He noted that if this goes to court, it could cost up to $25,000 but it is difficult to determine litigation costs d~pending on how far the case goes. He 'stated that Avatar will indi~ate that the time period for conveyance of the Phase V as well as th~ other phases is past and that If the County does not accept the Phase V properties, then they would ',no.t be required to donate any properties. He indicated that the agreement clearly designates the Phase V properties. He reported that the Tax- payers Association will refer to a document that was dated September 4, 1984, and the minutes of said meeting reflects tative of the FTC indicated to the Board that the the County and that Avatar would be requested and required to give properties other than Phase V properties to the County. He noted that the FTC attorney has indicated that they did not discourage develop- ment south of Stewart Blvd. and that the representative that made those statements is an ex-employee and did not at that tiMe, legally represent the Federal Trade Çommission. He noted that the arguments that Avatar would have regar~ing wetlands is that they would probably Page 34: - .. ._"""--,..~,,,.- _"",__"","__,,,,__,,"",,,,,,,,".,."~....,.",,,.",,.~...o<....,.~,,,~ AUGUST 25, 1987 that lands were environmentally sensitive in 1983 when the ~' ~'agreement was entered into and whatever the County can say about the 1 " " 4~1:'~:" propriety of those lands for the uses that the agreement sets out ~ ,fw6uld be the same in 1983 as it is in 1987, adding that things have ~'),,('not changed substantially. He stated that this is land that the State ·~;t is looking at and has passed legislation wi th the intent of con- 1";:\. demning, adding that he does not know what the offer would boo ~" Commissioner Goodnight stated that there are good arguments on this issue, but Avatar did not have good faith in trying to deed over to the County these five phases, in her opinion. She stated that Avatar was not taking an aggressive step to deed these lands over to the County even though it was past the deadline. She noted that she feels that a judge should rule on this matter. that he thinks that Avatar has had a tr8c~ record and has not been working in the interest of the ':~pèople and the trusteeship that the County has is to get the maximum He stated that he does not feel that any land in V is acceptable at all, adding that he is questioning some of other lands. He noted that in the original agreement, it states \C that the land should qualify for a building permit and land under "':; ~ would not qualify for a building permit. He stated that he that there is legal ground to pursue this matter. Commissioner Hasse stated that some of the land has been utilized questioned what type of impact that would have, to which County ~ ; 7 '1 ~ .' '. . '.; ./ : Page 35.. s r~t ) I, ; j, I ' . " &DDP: lOR Hr,\. R34. :' , ,t x' .~~'!; , '" ">" Ie ,~'f. ;:;',':':{ ~~.~:~i· l' .""'~' :. 'I 1ft ~:~ """"""~-".'-''''''---' ."'- lOB r~r·t 635 AUGUST 25, 1987 Attorney Cuyler stated that assuming that each Phase can be addressed individually, then the impact of using some of the Phase I properties probably would not have an effect on the ability to challenge sub- sequent phases. Commissioner Glass stated that according to Resolution 83-28, dated November l5, 1983, Avatar was put on notice that Phase V was not. acceptable. County Attorney Cuyler stated that he did put them on notice then, 'but that was prior to the FTC correspondence. Mr. Richard Braun, representing the Golden Gate Area Taxpayers Association, stated that they have been working on this subject for the past five years. He indicated that Mr. Billington has all,the documents for this case and would like him to present them. Mr. Duane Billington, resident of Golden Gate City, stated that he finds that the position of the current FTC attorney in conflict with an order of the Federal Trade Commission from April, 1979, which was subsequent to the 1979 modifying order. He noted that the FTC found that the area south of Stewart Blvd. was unsuitable for developing which is the lands that are in Phase V. He noted when this documén~ was received it was necessary for the Board to take a position on whether or not to show cause and this was done by a Commission vote. He stated that it was the Commission's position that County Attorney Pickworth's statements were the official position of the County Commission. He noted that shortly thereafter at the bankruptcy court ',1, f ',:, pa;ge 36' - .. ,.~.._.~-~.... .... . ~~. _,,41.., " '·'·..',~,:'$,'~I·~,!,:¡;~,'·,,·,"~ :.:~,.~.~y :,"r;;. , ,'. ),~ ; ~f~ /i ,,'. ¡ ~':~-": : ''',' ,','~ :{f. .~, j ; " rl\. i"...~ , ~ ":' g,~ . ,;:,'~ ,! ;,'~( "-",,\~"¡ .d ··r .,:~.1:::, ,.-,' ',' to.,' ~ \~,'-' -~. . -f, . , '" . , . .,. . r?ì, J't~Æ .,~~..~ , r, :'!~ ii"'~:~ ii";. ~~ ,.~,: .,,~ . :',': . ;' ,'~( " ,.f/, : .":;;; t\ /It .. ~ t ~" '~ ,,':' :",.', , ,$10' ; ;t" .f ~: - ,,,;..~'" ". ';~" i ~~~,~::~,.+:~,,~~ ~,~,~, . AUGUST 25, 1987 both trustees of GAC petitioned the court to enter into an for the conveyance of 1100 land, which was in August, 1979 after the modifying order. He noted that this agreement has a 5 year conveyance schedule and ~< r' :Ø1~t¡,:, there was nothing that restricted the location of acres or phases. ~" stated that it was merely ~et up so that a certain amount of acres . .): "'\'t' He were conveyed each year. He noted that if the County had proceeded with the Court Order, the issue of Phase V would not be before the Board this date and the 1983 agreement would not exist. r, Commissioner Hasse questioned if Mr. Billington would be in con- ~",t ~i:", currence with the idea of this matter going bl!ck to court, to which :.,.......-.', ".. ,/ :t4';'< Mr. Billington stated that he believes tha t Phase I through Phase IV ,17" should be accepted and then the bankruptcy court should be petitioned ~... t~i·. to' rehear the matter addressing Phase V and also reinstating the ';,'1>' ' {kJ;: remaining' obligations of the October 4, 1977, agreement that Avatar f~?,/; was released from when the Count~· entered into the November lS, 1983 ~~~, ~~~(/ agreement. . ~,:;;¡, ), ::Commissioner Hasse questioned if the Board of County Commissioners could address only Phase V and make 3 case out of it in court, to County Attorney Cuyler stated that he does not think that there is any recourse in the bankruptcy court at this time. He stated that he would prefer not going into too much detail with regards to putting his opinion on the record if he is going to be litigating this. He noted'that the Coun:y Commission in 1983 approved an agreement that " I; ¡ ~ ., ~ I ¡ ; r, I" 'I' . . ¡Page 37 ~OD( iOR WI fi3f) \ &OO( 10ÔW,(fi37 AUGUST 25, 1987 talked about Phase V. He indicated that there are arguments to the contrary, noting that the Commission could indicate that Phase V is . '.¡~:t¡ "'j~ . {/.:i' ;~;!~ ,1J '~:~ ~,' :.i. ~').e,J .) " -r ,~ ' · .,: ',' .~i~· not usable property and the Board does not wish to accept Phase V. He ::.:~~ ~~, ..,," stated that it is the decision of the Commission as to whether they ~¡~ want to make some policy decision regarding proceeding with the accep- tance of what the agreement says or whether there is sufficient argu- ment to take the matter to court. He noted that the phases can be separated and then Phase V would be the only issue involved. Tape '6 County Attorney Cuyler stated that if the Board refuses Phas~ V, Avatar would be in a position of declining to do anything or trans- ferring those properties to somewhere else or reaching some kind of /t· ~i' ..: ,-',. ;1! \,,';' " , ,,'fir, ,';,~ ,..; ,,~' ,.¡:,,:¡ . ~'..~;' · . ·ff · ~'j, ,:,' >~.. cash agreement. He noted that it would probably take litigation to do ~t this. Commissioner Saunders stated that the County is currently hOlding deeds for Phases I, II, III, IV, and V, adding that the Commission could vote to accept Phase II, III, and IV and they could be recorded - ,~ " 4~) .~ i \~';1; ;, , . immediately, noting that Phase I has already been recorded. He indi- _ " cated that the issue is then Phase V only. He stated that the agreement was prepared by Jim Tangiers of the FTC, adding that it was prepared in consultation with Commissioner Kruse. He stated that he is not sure what the position is of the FTC, but he feels that it is reflected in the agreement that the FTC negotiated with Commissioner Kruse. He stated that he would suggest that Phases II, III, and IV be Page 38. - - .-......._-~~- " ~..'.. ,.1'. AUGUST 25, 1987 '~r; M~accepteð, reject all of Phase V and litigate the issue of whether it ;,J ~ ") ~~~has to be accepted. He stated that he feels that it is going to be a ~~'.>·tou9h battle in light of the agreement. ~'~' County Attorney Cuyler stated that his office will pursue whatever £'1 ~. ~~' the Board decides upon. K.:/")~-" ., ,¡} , Executive Summary, Avatar has proposed 169.83 of the 215 acres in "~)' He stated that regarding Phase IV of the Phase IV and his position is that there is not any additional property in there that the County is willing to consider. He noted that if it is established that the properties have to come from the phases that are designated in the agreement, then the 35.85 acrcs will have to ~, come out of Phase IV. Mr. Billington stated that the current FTC attorney says that -'t.~.' ._'.. . . . I ,tt~'!8taff is not authorized to take a position without getting a vote from nothing that the former FTC attorney stated Can Saunders stated that the only thing that can be upon from the FTC is orders issued by the FTC and they have issued one order and one modified order and the modified order is the one that eliminated the 1,100 acres. He noted that this is what '. ~:k" the Commission was dealing wi th in 1983. He questioned if this would ""~".., , J;' p~t the County back into dealing with the original order of the FTC which eliminated the dedication requirement all together? He noted that this is probably the reason that the Commission got involved in negotiating with Jim Tangiers and Avatar, in order to get the 1,lOO I ,~¡' , 'i ) Page 39 boot lOR rm ô3R .---,.--- ""_'~-1r-rw- .. .~_..... " ----."'....'._.....'<-~...~"'.._,""<. '. ,."- ..... :t' ~:, :~. Jf,...> f.....:,' , '~,., f ~" ~ '¡';~' r,,·' ~t1J!·,,·,:' " .".. ~';' ~ 'z:' iff f~ 1.~ ~.,~ ~, .\. }~, '.+~ .' ~~;,~!,J,):' :i:l ~~t::: ~fé~ f~!!:'f , ~k", i:I-t.:"" ~"tf" &OOK lOR rm ô3H '. 'I, ' :,!i '.f , t;- ~;.. .-/.. ,..~, ..\,' ;'~ :/'J '1 " '. , " ,":: ,'It 4, :t...:; ~'t _.' {;~: ~;"*1~&' ,~)::.X , "."1,, .'ir :;r.. ì' " } ~f , . I," 't~ ", ~ ~ , ' ~, ~:' ~~r::~,~ ~ ;, , . (:~~~ t , :. tt~j)' t !'''"..... AUGUST 25, 1987 acres back in. County Attorney Cuyler stated that Mr. Tangiers represented the FTC in the same manner that he represents the Board, which is that he can represent the Board in certain areas but there is always the argu- ment that if I have not been spp.cifically authorized on something, then it can be said that the Board makes policy decisions and not the Attorney. He noted that the FTC has spoken through the orders and not necesaarily through Mr. Tangiers or through the current attorney. Mr. Joe Grimm, resident af Golden Gate Estates, stated that he shares the concerns of the Board with regards to legal issues, but he has further concern~. He noted that one of the first problems with the 1983 agreement is that it aCknowledges that Avatar had already contributed 38.5 acres as a credit against this l,lOO commitment, but in checking the records it was found that 8 acres of that 38.5 acres were well sites that the County purchased, and only three of those sites were owned by Avatar. He indicated that of the remaining 30.5 acres only 10 acres were actually conveyed, leaving a deficit of 20.5 acres and the lO acres in question are not in Golden Gate Estates. He noted that those 10 acres are in the Golden Gate community and they are not accessib:e to the residents of Golden Gate Estates because they are improved under a special taxing district which ex~ludes a considerable amount of Golden Gate Estates and, therefore, the resi- dents cannot benefit from the use of that land. He stated that it is his contention that legally the 38.5 acres which Avatar has been given Page 40 - .. ~."._-'~,'-.............."_..... .à u.... .... I>. ~.....~. n; ... ""'-.-""".:'-'-""""'_"_'_'_"""_"',w._"_,," f. " , AUGUST 25, 1987 for is in fact, not a legitimate credit at all. He noted that ~;~ he feels that there is strong legal foundation for. that. He stated 'j/: that it was always the intent that these lands be usable for certain ,i '" ~... :,.. , ;'! T:specific purposes and they are spelled out in the Order, which is basi- ,... ·~.cally municipal services. He indicated that 85% of the parcels that '" J'," (;. ' '~'ðre included in the five separate areas are about 1-1/4 acres and they are virtually useless for any purpose. Count.y Attorney Cuyler stated that usable as in the context of the ~, " ðgreement means that they are still subject to sale and the money could be used to provide services even though they are not usable in the sense of making a 10 acre park out of a 1-1/4 acre parcel. Mr. Grimm stated that if the tiny parcels compel the County to go ~~~~~" ·¡.~\~'t~ , I J, " ~4~ t- ~4.;~' I' ~~~:may actually result in the end of not having any usable properties. :,\, ~!.W-:::. , ~> He noted that there is also a question with regards to the Phase IV 1i ' ~.¡ , ,'~~properties which are planned for acquisi tion by the State of Florida .i'because it is an environmentally sensitive area. He noted that if the ~" ~~ State acquires them and pays 70% of the depressed value for them, they '~l; n: ,will not have much value. He noted that the lands in Phase V and through considerable extended negotiations to sell the real estate it should be rejected. He noted that if there are delays, they caused by Avatar by refusing to donate proper usable proper- indicated that the apparent value of all these acres is is about half of the value that was '. . by the County based on the appraisal that was made last .).". '.r'"'' '! ; ¡' ,...,~~ge 41 '" ,,; .~~~,. . i~~~ì'~f;~ : Ii ,.: ¡.~::(.~." ;:~{ .;~,1 : ..; MO~ lOG l:'of f)!O c·"""·...."'·...._OL~·.,-.¡·"''' . .: ;};)~ <:' , <\'l.; 'r:·;,,:;' jIJ~.', m.}~ '~r';' &OO~ 10ôw\ 641 ',', \,.', .....i AUGUST 25, 1987 i; year at the expense of the trust fund. He stated that the value of the lands on the list at th~t time were over $4.5 million, adding that he does not feel that lands that are worth less than half that should .,.. be accepted. He stated that Avatar has also been selling lands in the Phase V area in violation of an FTC order, and based on the prices that they have been selling the land for, the $4.5 million was establi~hed . Mrs. Carol Sparkman, representing Golden Gate Taxpayers Association and resident of Golden Gate Estates, stated that when she purchased land in Golden Gate Estates, she was told that there would be fire hydrants, street lights, paved roads, and public services that were promised by G^C. She noted that she became interested in this matter when the Board of County Commissioners was appointed Tr~stee, adding that the definition of a Trustee is one that administers a· trust diligently for the benefit of the beneficiaries in good faith ;.. with due care, diligence and skill. She noted that this has been going on for l3 years now which is not handling something diligently. She stated that the Trustee must act in good faith of the Trust which does not mean accepting land that is not usable. She noted that diligence and loyalty to the residents is not purchasing weedeaters out of the trust fund to be used at Lake Okeechobee. She indicated that a prudent person cannot equate a neighborhood park with l-l/4 parcels. Commissioner Hasse stated that he would suggest that the first , ,~f ~' . Page 42 . t' ~.~ ! .,¡. . ,", :,! .',:< ,. - - .' .. 04:, .' , AUGUST 25, 1987 ,jJ;''-'-' four phases be separated from Phase V, and move fOJ:"waJ:"d. ~~ Mrs. Sparkman stated that Phase V lands should not be accepted and ..'4' ~~'.~ :~~, the !~.,ue with the bankruptcy cOUJ:"t should be J:"eopened. '~' , County Attorney Cuyler stated that if the Board decides not to i£~,:: -o.r ~t~' .." ~,.~,<;-,"; Board directed this, then 80% of the property would be transferred, ~, àðding that it is difficult to give a timetable if he went into liti- i,~" · '.'i. , gation. ;1\. -, ", ;;U~. or more. '.~,~L ';,,<~~mmissioner Hasse questioned if the lands in Phases II, III, and :4,("~ ;IV are marketable, to which accept Phase V, he needs to be directed to take whatever steps are necessary to pursue any and all alternatives. He noted that if the He stated that any litigation process can easily take a year '..~ ' ~~;,,; "p~ase I are more marketable ',~,~noted that she has inspected ~',i'M/t ,~~, ~; t: t"~:~; )..{~ ~¡~~~. feels' very strongly that ~'I:'\~<J, . ';,':marketable. ..~', ,~~ Mr. Richard Braun stated that last FebruaJ:"Y the County Attorney /was directed to commence arbitration proceedings in the event that .., ~ . c ~ ~ " . inegotiations with Avatar properties does not result in conveyance of Mrs. Carroll stated that the properties in than those in Phases II, III, or IV. She the properties in Phase I I, III, and IV the properties in Phase II and III are .:::uèáble property. ~,Phase III is not "'.,- He stated that Phase IV and Phase V and much of usable according to the bankruptcy court's intent: ·'r.. rßê'stated that he would suggest that the Board accept only Phases I, 1';":1",: ~'. . :,:II~ and III. County Attorney Cuyler stated that he wrote the resolution that Page 43 ~¡ &0011: lOR fAr-I. 542 :4 ~, --··"^"···__......"......ßiJ' ~- . ~. ..-. '. ~, ~OO( 10R m,t £)43 AUGUST 25, 1987 Mr. Braun is referring to asking that the Board of County Commissioncrs direct him to do this in the event that Avatar did not , ,.,' " ',> ',:J:,.' tr"", ',~~t~\ ?' , f:';~:v . /~ /?! '1t ~ '. ',. , t~'i~:~ '~I~~',. ;f¡" . '~""?l' 1"" '.' ~¡~, "...;~ , ' ';}; ~'t',:'~\f¡ ·f' '~ j.~ :)~~; ."i·' , '.' .; .di',' I. .~ .i:1f '. ~ , Vi'! ' '·.,',t,' " ~ '-":.,'. ' , ~' :~;~:j ',^ It.., ,'c' :.'to\;'j;.~ ¡ '.~" :\ -*;'~'/~: .,~'d, " i - ,~"!n , :~f' '~' ," .,J.t, . ~. ~'t:+, ¡,',,-' , . ·'-,t-" . ....~: continue to transfer properties. Mr. Braun questioned if the 1983 agreement was ever ratified, to which County Attorney Cuyler indicated that there was no need to do that as it was not a legal requirement. Mr. Braun indicated that if the agreement was not r~tified, then there is no agreement. He stated that Avatar has been selling the good property and conveying the less desirable property to the County. He noted that the people want to reopen this case and have Avatar live up to their obligations. Commissioner Glass stated that he would suggest that the entire issue be denied and proceed with legal proceedings for the whore' matter. County Attorney Cuyler indicated that the Phase I deed has beerl'''' recorded and there is a piece of property that has been used for a road right-of-way. He noted that there are various issues involved ~ and if the Board decides to reject everything and reopen the case, there could be a lot involved and the Board has to consider the people of Golden Gate Estates and recognize that there are some advantages of ~1 ".' being on middle ground at this point versus losing all the properties. Commissioner Goodnight stated that she is willing to go along with fighting the whole matter but if the County loses, they have lost a lot, adding that if the County accepted everything except Phase V and ~~) , '. . ¡!t,\,' '~:('- Page ,).~.J , ~" ,', .,)' \ I I' 44, ,;; "¥tit ,):/~,tíf ~~-'~. ,it \~;"··!~·~.i - .. T J...... 1iI!' _",..,,,,,,,,~,,,,,.,, ,·,,__,,_~..,,_n ~~'>I.U""""\o._$ AUGUST 25, 1987 "':dÙ:' then lost on thet issue, there would not be much lost. ~~;, :~~? ' Commissioner Hasse stated that there is a strong feeling that ~~~ Phese IV does not have much usable land because it is mostly south of 4~~' :)~r/~' .~ .,¡.;.' Alligetor Alley. ;,~~r-,' Commissioner Seunders stated that he will go along with the Board, but it is going to be e battle for the County Attorney and he would , ~j.~.-, advise that before eny motion is teken thðt the County Attorney be directed to see if there are lawsuits that can be filed and return to ; the Boðrd with whatever alternatives are available. Commissioner Pistor indicated that he concurred with Commissioner j¡;; c.~ Seunders, noting that he would not want to lose everything. :41~' ,", , Commissioner Saunders stated that he would recommend that Phases I ..;'~;' through IV be eccepteó end then there should be the issue of li ti- \1t~~- , ~~~: 'gating'the unbuildable land in Phase V. He stated that he does not ·~t, have any problem with hiring outside counsel to look into the matter ~~~, either and come back and advise the Board of the alternatives as long ¿~~ es the money is taken from the Trust Fund. ..L,'-j'" . ~~!~;,' Commissioner Glass questioned if there is any money in the trust ~:;:; fu~d, to which Mrs. Carroll slated that $200,000 has been committed for ~ .J.i... 1" ,¡:~ 1 . <~.;;: fire hydrants, but there is still a buffer. <, commissioner Glass moved that the County ~ttorney procure the ..rvices of a qualified bankruptcy attorney on a limited basis to determine if there is a way to revisit the venue of this case for the benefit of the Golden Gate Estates reside'1ts and Collier county. Pag& 45 ~OO( iOR IV" ()1 "- ~!W. ;', ,~, 1;:',; \ , '\' ,\ ' " :. ::F" ì~r .' !~~". :i ~' -~~~ ~ ~~; ';~ ,I: ;$ .:} ~: ä} ;';~'" ;', ). i~~~~,.: ~ ;' I~'~'- ~,.~~:) . " '~>"'" J '\~."'," 'r ','!'r~;:;·,~, "> .,1 '~~,"'¡'" 7~ 't;~ ~:~:.:.',~:j, ~ (a'~'.,. '"oi. ~~. '!' '0011: 10Ôr~,.\.()45 'i~ "j' AUGUST 25, 1987 Commissioner Pistor questioned if this motion is to review all 5 phases, to which Commissioner Glass indicated that it is to revisit the entire matter and the County ^ttorney will come back to the Board in two weeks with a report. Comm:i,ssioner Goo<\night indicated that she would seoond the motion ,.. it Commissioner Glass would include in his motion that when the county Attorney comes back to the Board that he briefs the Board on all alternatives that are available. Commissioner Glass indicated that he would amend his motion to include the request of commissioner Goodnight. lI1ously. Upon call for tho question, the motion carried unani- I -o,: ***** Recess: 12:40 P.M. - Reoonvened: 1:45 P.M. at which time Deputy Clerk Kueter replaoed Deputy Clerk Kenyon ***** " ,Wi , . .,' :'I?"~,"~", " "~:i··., .;.: : : .~'~::¡ : , ,';~., ¡ <~... .. .,.:> '\.V l." ."Ý'T ., . <i' Item UCl FOURTH EXTENSION OF CLAM PASS PARK INTERIM CONCESSION AGREEMENT TO SEPTEMBER 30, 1987 - APPROVED Public Services Administrator O'Donnell stated Staff is requesting the Board to extend the Clam Pass Park Interim Concession Agreement " :"j;'lf¡ ~, ,: ':' '<;:,~:~. " from August 31, to September 30, 1987. He stated that at Board direc- tion Staff is in the process of negotiating with the AUO on July 23rd an enhanced clarification of their RFQ was received. He stated some " , " . .~. highlights of the negotiations are: County will receive lS% of gross ) revenue generated from food and non-food sales: AUO will install the ., ~ kitchen facility at their cost; overflow parking at the County lot will be accommodated at the hotel parking lot; AUO personnel will pro- , , '~I; " . -.~~.~ ",~; , .: ~', t . , .:~: - .. '~-~-"'-~ ,. J' '" '~ ¡ ''','' ',,~~, ',~"h¡' ~, ,~:'\ ,.~;,~, vide daily maintenance to the fðcility: the County will consider ~". acquisition of a third tram, if necessary: in the interim AUO has ¡.t' 0., .., ., 1-"i.J AUGUST 25, 1987 agreed to operate both trams to serve both Lhe public and hotel guests, AUO and County will consider sharing SO/50 the labor costs j :~\':~;:" ';{t''':,,: ' '~i~'.' J; associated with the tram operations. Tape fa Mr. O'Donnell stated that due to the vacation schedules of the AUO ,...t;. ;. representatives, the permanent concession agreement cannot be completed prior to the August 31st expiration date. He said that in order to allow operation, Staff is requesting that the agreement be extended to September 30. He advised that the finalized agreement ,.~'will be presented to the Commission for consideration in early or mid ...... . 'September. Commissioner Saunders stated that he rode the tram last weekend 3., ~f,and there are two concerns: 1) the passengers on the tram sit facing ~~~' the side of the tram and when another tram comes by they pass very {':~/ ,close to each other and someone is going to be hurt: and 2) the County ~ .,< ,it,';;( needs to make sure that the non-hotel users are given a fair chance of J.' "~\f~:, getting on the tram. He stated there is a pick-up point by the pool :tr'-',,¡ and then it goes to the next pick-up point where the public users '~}~'WOUld be, but the tram will always fill up at the pool during the :1i':. f season. Mr. O'Do~nell stated that can be accommodated. He stated he will mention it to the AUO representatives. He advised that AUO has agreed ¡~ ;'."'" ~;ii ' ·,',.~':,:t,:,", ò' ~';'ì.." ,':,*"..,,' tt~n;~, JC ::,~¡:" Page 47 . ;, , ¡ I ðOD~ lOR r !',\ G46 --- .-..,.-.... ,- ~t I 'i' ¡ &OO( iOn mol ô47 -, .;-.t,', 't",! , ,Ij .0' ~ ~r"''' ,- AUGUST 25, 1987 to make a pass by the parking lot both on the way to the beach and on the way back, so that on the way back the public users will be picked up first. In answer to Chairman Hasse, Mr. O'Donnell stated that the signs ere on order and should be in place before October I, 1987. He also noted that bicycle traffic has been restricted because of congestion. Commissioner Saunders moved, seconded by commissioner Glass and carried unanimously, that the Fourth Interim Concession Agreement for Clam Pass Park be extended from August 31, J,997 to September 30, 1987. :' , "I .. ;. ",' ~~1: .', 'î·'¡ "~'\:ìJ' : ~ \:':~ , ~., :;; . ¡ . \~' .' :~\ , .¡. , " t , . ::.3i~+~~' \/ 1(; :·r~: ~-:.~.." ';:.' ~:·~~~_~f~,'C:J~ .~ ,I ,.~' J. ....~ ~' (:~J ",' I',.,' ,~, ,,:."<"",''f,: '(','f .'{~,,:¡:; . : "'i'l1tl 0', :.. ',,- ,~íi},' , t':, J " .. /.. ~}. .; Page 48 - .. ..._-~ AUGUST 25, 1987 " "It.. "Dl ~:fBtmGBT AHBNDKBNT INCREASING P.EVENUES AND EXPENSES IN SEWER OPERATIONS :i'~: - APPROVED ~t:'\ ;~i~t Assistant Utilities Administrator Arnold statcd Staff is '~::~'requesting a budget amendment to adjust expenditure accounts in the ~\h. JÄ;; sewer operations area. He stated there have becn higher than antic i- :}, . pated revenues this year from sewage treatment and sludge revenue, :f5.',:.;' c~ which is also indicative of additional costs in the treatment site. ~;'He stated the projected increase in revenues is approximately $600,000 and increased expenses are $119,000. ! v c?mmissioner Glass moved, seconded by commissioner Saunðers and carried unanimously, that a budget amendment increasing the revenues , ,', and expenses in sewer operations, be approved. ~b\i '~~~'¡'" Item UD2 ¿:, . LEAS!': AGREEHBNT WITH OFFSHORE NAVIGATION, INC. FOR A 100 FT. SQUARE ~i. i.~,V PARCBL OF LAND - APPROVED '.¢)j,~ :0~; ~¡ Assistant Utilities Administrator Arnold stated the proposed lease {i~ 'for a parcel of land lOO ft. x lOO ft. square located on the ~;: .' ' , ~Manatee Road repumping site. He stated the County has had a lease t~",L , 'W~'with this company since 1985 for their existing radio transmitting/ ".,1:', ".,' , :;r~~eiving station, and that lease has expired. He advised that the "-,- \ " '9peration of the transmitter for an additional year will have no utility operations at the Capri Water Plant. He advised the County Attorney's Office and the Risk Management Department reviewed this lease. ~ " . " . ' l,' \ Page'l19; p~' ",~1~"<~i-J . ".'r":;':",~",':',;." ,:, '." , ,;\òf~,' '" Hi':" ~"""','., .' , ' :1.;, r &0011: 10Rw,¡ f)~O ,; l . ; , ';':r~~1, ~. . L ;':'j , ~_.~,·.".,~·.c....___~.,_·"""",._",_,.:· .. ., ".=,.,~ ~ , ,;~m'''' , ! ~~:<~:" 'I . " ' V' Ii :~ I · . t/;,. f:..,~;ti."·.:< , l\-""" 1'~¡,' 1 :f" ~ ~ ~~~~~,". .~. ! ¡" ~ . ~ ¡ '~; , I,;,:;','~:'~': ., , ' :'~~" ! ,'....~ it,: Ii , ¡ ',J~'"' . /'iít~.. ¡ ;œ)"""· ".¡ ;;"'. ~ ¿ ',i::\;^", .- ,J¡?1<' fìI¡¡ 'ff ' "- ", <·1 ,-', ." &OO( 10Ru"'\ 651 AUGUST 25, 1987 Assistant County Attorney Anderson stated there is an addition to the language in the lease payment term. He stated that the language provides that the lessee wilL be responsible for ad valorem and sales taxes. Commissioner Pistor moved, seconded by Commissioner Saunders an4 carried unanimously, that thB lease agreement with Offshore Navigation, Inc., be approved for Q period of one year with the addi- tional language applioable to taxes. *** See pages to f9 - t 9() *** Item UD3 CONTRACTUAL AGREEMENT WITH LELY DEVELOPMENT CORPORATION FOR A 16" WATER LINE FOR NORTH NAPLES - APPROVED Assistant Utilities Administrator Arnold stated that a draft of this agreement was presented to the Board two weeks ago and Staff was directed to finalize that agreement. He stated that the bulk òf ~he agreement is that the developer will provide all engineering, inspec- tion, and construction cost up to a limit of $150,000. He noted the estimated cost of the project is $350,000, making the County cost $200,000. Mr. Arnold stated the extent of the project is approximately 10,000 feet of line on Vanderbilt Beach Drive extending to Bonita' ; Beach Road and will provide water for new developments, help alleviate pressure problems, and improve service to existing customers in that area. He said the contractor will be responsible for taking bids on the project and presenting to the County for review and approval. ;', ~ ~ - ',.~ r,.~ V' Page 50 , , ( ~ ~·'1. , ". ~.:~.:,~~" ,~ ".("~~,' , "';,¿¡...... , ;.,~Ì;?: <.~J\I:t ~' ,'~',f . ¡iIi, .' ~; ¡Jf: ". ",~\'-" - l,-~" ":-i';~ :::,' 'I',,;'""":r '\;~.~~ -7 ',>'~ ;.,. , i i . ~{. I ~ª ¡ "~ ''''I:~ ~ "<". 1" ~,;: . ,} 'C . '1-~:~ -' J)'" f>? , '. " '. 1'(. ~ t! ~! ftf"'o. '~,Þ ': - .. ......_"'__",""'·_"'"·'·'-.e "'_C.""""'''.''''''''''_¡"""","",,,",__ . "~" ;;<,;.i7:~ , 1".,' ?:J..~' " ,-..~~¡...", ~ . . ?:~~,~r;" ' . ",I '..~~:þ' , AUGUST 25, 1987 :~ , !.. Commissioner Glass noted that Lely Development corporation has ,- :¡¡,;.' )4\. ~. become the sole entity involved and is responsible for the financing ....:. .1" :~'\; > and engineering on this contract. In answer to Commissioner Pis tor, ,~~! :~1~:,; Commissioner Glass stated that Bentley village and fludubon are not ,,~,.. .~i.,;:.~nClUded in this agreement. ~~:j' ,Comm~,ssion.r Glass moved, seconded by commissioner Goodnight and ..~~ ,'. ~,{ carried unanimously, that the contractual agreement with Lely " ' " ,i -,.tl ~.: ,þ,): ¡ "- ~.~. ~;,";',i,',:",' ~"l~-i ,¡it.;,. .. ~'flf·G :...~"; . " t' t',' J""" .' ~~;", ,~?~~;~!. I I·,··,,:r.;·,:.;,~·,,·~·,,:' " ;,~i,W . ~j.. i-, ".~ ~ . - >..",;,:~; ~~ ~:t(!:,\" ~~~,¡:, ì~ 'J' :,A' r .~.I· .,,:,~,...' '1";4;..:- ~, .t:~,. , l~'k, ~, ":~~.~'\ "..-.-', ;:~~ ,:.' (' . , . ,", Development corporation for e. 16" water line for North Naples, be approved. I ~.. ¡ I \\t,1:¡~::' ~ '" .-,.~ ~': ; ':\ ¡ ':1 f ::) '" Page 5l ~oo~ lOR mr 052 ; H~:': . I t¡/_.\. .....,,; ~... I"~ " .', , ~.... J -_.",,--......... -'" '~ " ;, .'~., .:~:'\~' ;~i'-'~/' "1;/'"" :6-'1 ,~-~~. :/,"10 . . ,.1 .;,,'¡';':,' ",1 r.., ~ ',~ ; 01¡ AUGUST 25, 1987 Item UBl --:.> ,~ ~.; P'l:JRCHASB OJ' MICROFILM EQUIPMENT AND EXPANSION OF THE CLERK OF COURTS ~, MICROPILM SECTION - APPROVED ~-_~-t Purchasing Director Carnell stated that a two month study on centralizing the document storage and retrieval needs of the various county agencies has been completed. He stated that a committee con- sisting of a member from each of the County Manager agency divisions was formed to identify the needs of each user department and develop a C03t effective approach to address the needs. He advised that the Microfilm Steering Committee inventoried each department to establish .. and estimate the volume of source and plan documents; reviewed a number of possible approaches proposed by various microfilm vendors: and examined the costs and benefits of each approach. 'J' .' ,-~.~~ Mr.' Carnell stated the Committee presented four possible options: d '''tÆ·, :t" l) maintain the present status quo where each department fends for :~: itself and budgets all microfilming equipment, etc.; 2) possible contracting with State Department of Library and Records for micro- filming services, 3) possible contracting with an independent firm for microfilming services: 4) expansion of the Clerk's existing opera- tions. Mr. Carnell stated that the Committee recommended using Option #4, expansion of the Clerk's operations, because the Clerk has offered use of space he has available for additions to his staff, there is built in expertise of the Clerk's Microfilm Supervisor, advantage of access ~!r ,:' , ; f,,~ ~;~. Page 52 ~OO( lOR H(,t ()58 :¡'.{; I',' ,..",.. )': . f1;, ::r:{, ''I ~ t . , ... , I ' .. i I.' . ; j . . . , k ' . ' I . ~,~ '-~' t>OO( 10R W·\ G59 AUGUST 25, 1987 to documents on site. Mr. Carnell stated that the Committee has identified the costs of their recommendation as: capital costs of a rotary camera for reduc- tion of source documents at $18,000, a planetary camera for filming and reduction of site plans and engineering plans at $91,050, and a reader/printer to provide access to the documents at $24,950. He stated the Committee is also recommending that this equipment be purchased during FY 1988, rather than a more expensive lease/purchase arrangement. He said it is recommended that the $134,000 be paid from the General Fund and the establishment of an Internal Service Fund to repay the General Fund over a period of 5 years. Mr. Carnell advised there will be other costs associated with the expansion. He said those costs are the addition of three positions, two Camera Operators and one Document Preparation Clerk, to handle the increased service. He stated the tentative budget which the Board is presently reviewing contains sufficient money to address this need. He said that $100,000 was earmarked within the General Fund Reserve for this purpose and the money is still available, however, an addi- tional $34,000 is needed to purchase the equipment. Mr. Carnell stated Staff is recommending a reduction of $34,000 in the General Fund Reserve to cover the $134,000 equipment cost. He noted that the ~xecutive Summary contains figures on the first l2 months of operation, however, there will be delays associated with advertising and hiring ¡nd FY 1988 will not be a complete 12 month , " Page 53.; ,·,~t;'5:, ;'\i~.;·' - .. - " ,; '. ~".f·' ~~'¡'" R,r'... " ,. ~.f :tl£ "'''-'1''-: :. .~~; ;" I i ;.\ - I .,,~tj,·, I' ""(~' " ! . :r, . ~ . ; " /''' '. I , ~. . ';. 1''' ~. 40 ~" '-~-,---~;...- ~~;~'..........< >'.. f~> . -"1-1, . ¡f,operation. ^UCUST 25, 1987 -" , . In answer to Chairmen Haase, Mr. Cernell stated that the Clerk presently hes only enough equipment to handle the volume of documents from his own departments, and the increased volume [rom all the other County depertments will require more equipment, Comm~ssioner Saunders moved, seconded by commissioner Pistor and carried unanimously, that tho recommended microfilm equipment be purchased and the expansion of the Clerk of Courts Microfilm section be approved. Item f9E2 DISCUSSION OF INSURANCE CONTRACTUAL PROVISIONS - "HOLD HARMLESS" CLAUSB '1 This item wes previously discussed under Item #982, ',Item '9Pl " :. CAR ALLOWANCB FOR ASSISTANT COUNTY MANAGER - APPROVED County Maneger Dorrill advised that he is in negotiations with a candidate for the position of Assistant County Manager. He stated that this position is entitled to the use of a County car, however, the individual involved has two cars and has requested an allowance instead. He stated that he has advised the individual that, if approved, the allowance will be on ð monthly flat rate. ;1 Mr. Dorrill advised that the Board does have an allowance agreement at the present time with a division administrator. He stated that the monthly flat rate allowance is actually less expensive Page S4 "'i,:'. &OO( iOR fA'.L fl60 'IJ" ·~s~· \".,¡. ,~~ :.¡ "f.!:' .,1,' . ';~.:.}~{~' ~ of -,~~'.~ ., ~., :,~: .; , . I' 1" . , ,\ . '" ~ I . ~; .f "00': 10B wt fiBi ~, AUGUST 25, 1987 for the County, since the individual involved has to pay all insurance, upkeep and fuel on his own car. Commissioner Pistor moved, seconded by Commissioner Goodnight and carried unanimously, that a monthly car allowance or under $300 tor the pos~.tion of Assistant County Manager be approved. Mr. Dorr ill said that it would be $27S.00/month. Item UOA CLARIPICATION OF RESOLUTION 87-192 - ONE-CENT BALES TAX REFERENDUM County Attorney Cuyler stated that when the Board adopted Resolution 87-192 he was not certain that the word "infrastructure" was a term defined by Statute. He said that after the meeting he found that infrastructure is defined as "any fixed capital expenditure or fixed capital cost associated with the construction, recons~r~c- tion, or improvement of pUblic facilities that have a life expectancy ì' of 5 or more years and any land acquisition, land improvement, design and engineering cost related thereto". Mr. Cuyler distributed a copy of Resolution 87-192 and stated that' the highlighted portions contain the language specifically requested by the Board at last weeks meeting. He noted also that the words "to finance, plan and construct infrastructure" were inserted in the title and in Section l(a) under Official Ballot. " " ~~:,4;~ ~. In answer to Commissioner Saunders, Mr. Cuyler stated that he does not believe that the Governor's State-wide referendum on the Service Sales Tax will hamper what the Board is doing on the One Cent Sales I' :,., ~',,: ::r: Page SS ~ ~ ~'" :, '.',..-. ""'~':¡;..~ý ~i,"'i ~ ;f'~ r¡'1: ,~-,~;-, "~',.,!."" "~., ,- ! "., ;),;t ;~ 'H - - .-,..-...._,.".-._._'_._...,_..,"'._-~ _~,,.."....=_,,,"O_"_.',",...,..,·,.,...__, . . ,..'......4!MiI...........". ';, 1 r:"~ r \,~ :.'f.,"'L: ì AUGUST 25, 1987 'J Tllx; commissioner pistor moved, seconded by Commissioner Glass and carried unanimously, that the language for the ballot on the One-Cent sale. Tax contained in Resolution 87-192 be confirmed. Ite. fl1A1 and t11A2 BUDGET AMENDMENTS 87-416/422 - ADOPTED Commissioner Goodniqht moved, seconded by commissioner Saunders and carried unanimously, that Budqet Amendments 87-416/422, be adopted. Item ~ f11A3 BUDGET AMENDMENT RESOLUTION 87-042 - ADOPTED commissioner Saunders moved, seconded by Commissioner Glass and carried unanimously, that Budget Amendment Resolution 87-042 be adopted. ":''',1: . ~ ,'i. ¡.... 1~t.~<\,';· . . ~~,~..\. -'~"- ; ;', ';~! .p . ~, '. . , . '~I .. I ,~~ " ,"':1';'" :.;,; u:. Page 56 , , 'd ~QD~ iOR wr fiB2 f 1 , ,,_ ,!, "kb' . '/~!',. ~ . ; I .4; ,'¡;' , , ',' I', , ' ^UGUS'I' 25, 1987 tom '12A 'l'OINTHENTS AND REAPPOINTMENTS OF MEMBERS HADE TO THE EMERGEnCY 'orCAL SERVICES ADVISORY COUNCIL Administrative Assistant to the Board Israelson advised that on August 31, 1987 the terms expired for the consumer, Health Department, ~ire Chi~f's Association, and Collier County Medical Society represen- Latives on the Emergency Medical Services Advisory Council. Mrs. Israelson stated that ð press release was issued on June 12, JB7 and resumes were received. She stated the Medical Society has 0commenùed the reappointment of Dr. Hanns Ehrhardt; the Fire Chief's ¡\ssociation has recommended Chief John Jackson of Marco Island: and the Health Department has recommended Environmental Specialist Louise \·Ieiner. ê\pa 't Mrs. Israelson stated that Staff's recommendations are to appoint Frederic Hubbard to the consumer position and to accept the recom- ,....ndations from the other organizations. commissioner Saunders moved, seconded by Commissioner Goodnight and car~ied unanimously, that Frederic C. HUbbard, Ms. Louise Weiner, ç~ief John Jackson, and Dr. Hanns Ehrhardt be appointed to 3 year i,rms on the Emerç~ncy Medical Services. Advisory Council. tern '12B ~SOLUTION 87-196 ORDERING A REFERENDUM ELECTION FOR EAST NAPLES FIRE RESCUE DISTRICT BOND ISSUE - ADOPTED Attorney Donald Pickworth, reprcsenting thc ~ast Naplcs Fire & Rescue District, stated that they are requesting the Board to place Paye 57 ~OOK 10f)r~:~Gß1 ~~~ 10B w·r ()65 AUGUST 25, 1987 ,~ East Naples Fire & Rescue District Bond Issue on the ballot for ~ special election being held on October 27, 1987. He advised that is bond issue is $500,000 in General Obligation Bonds to be used Jr the fire station. Mr. Pickworth stated that the District is authorized to issue bonds, however, there has been an interpretation that they can only i SSlle the bonds with a referendum and to clear up the discrepancy they 0ed to hold an election. He advised that the District has already tained a commitment on financing. In answer to Chairman Hasse, Mr. ickworth stated that the District will reimburse the cost aS80ciated ~ith the election, noting that the cost will be minor because fha County is already holding an election that day. Commissioner Pistor moved, seconded by Commissioner saunders and carried unanimously, that Resolution 87-196 be adopted and the East rles Fire , Rescue District Bond Issue be added to the ballot for .,;a eleotion being held on October 27,1987. , " ,','¡ :' ~ , " , , Page 58 - - ( II. . '" "·~Ìi~ ¡~~ ~"'" . ...-.'::~~ . - - ,,,: _'" i ,., '"", :~~. ~ . " " "' Z~'.~' 0 . . ' ','2 ;.'.: ',' ',".'.., AUGUST 25, 1987 ffl2C '~n::NDATIOH TO RAISE THE MILL1\GE R1\TE FOR THE OCHOPEE FIRE & RESCUE LeT - COUNTY ATTORNEY INSTRUCTED TO PREP1\RE EMERGENCY ORDINANCE_ ~ssistant County Attorney Weigel stated that at a budget workshop .iog there was discussion on providing emergency services in the , which includes the Ochopee Fire Control & Rescue District. He ( that Public Services Administrator O'Donnell will be submitting JUS alternatives on the provisions for those services. He stated among the alternatives will be information concerning payments taxations. He stated that a millage cap of 4 mills has already :1 discussed for the Ochopee Fire District and the budget should be conformance with the Ordinance creating the district. Mr. weigel stated that it is appropriate for the Board to adopt an 'odment to that Ordinance, increasing the millage rate from 2 to 4 lIs. He noted that in this way, if the service is to be provided che budget is approved, the Board will be acting within the con- ,~s of the Ordinance. He also noted, that the Board will then have o flexibility of raising the mill~ge rate from 2 mills up to a maxi- u:n of 4 hdlls. Mr. Weigel stated that because of the timing of the public .~arings on the budget scheduled for September 9 and 21, 1987, there , not enough time to have a regular public notice published. He said .~ County Attorney's Office would like direction to draft an ~rgcncy ordinance authori7ing the increase in millage for the t r ~ ' Pl\ge S9 ~OO( lOR r~',i f)(jR "if f\ ' , ' " Û,. . "" .:' . ~\,¡: ~ I:. - ~, ·t.,"". . ~. :;:-." .,,:,... ¡ , . , .- .,.::~.,' 1 ¡,lRw~ fiôD AUGUST 25, 1987 c Fire District [0r submission to the Board at their meeting on "or 8, 1987. He noted that by taking this action today, it :1 record and provides almost the same amount of notice as the r advertising for consideration of an ordinance. county Manager Dorrill stated that the Board should instruct the ,(flCY'S office to proceed since the Board will be making their ion on Friday, August 28th at the budget wrap-up session if the nee is required. ramissioner Pistor moved, seconded by commissioner Goodnight aDd d unanimously, that tho County Attorney be instructed to prepare "crgency ordinance to increase the millage cap for the Ochopee '~ & Resoue District. *** ,e following items were approved and/or adopted under the consent "a by motion made by Commissioner Pistor, seconded by commissioner :ight and carried unanimously: 14Bl T,TlFFORD MEMORIAL GARDEN CEMETERY DEED NO. 516 /'..,,~ See Page Þ /_ ,;a 1482 ':EMENTS FOR LAKE TRAFFORD MEMORIAL GARDEN CEMETERY DEEDS NOS. 517 518 See Pages 6?f/',6?S' r 14Cl " SERVICE CASE NO. W-2395 Peg. 450 ,.", - - ~,> t¡I t ~ ;, ~'- ",:' , , " . .' . . ~~~~: ~ . ¡ ¡ 'T -.': . I' ... AUGUST 25, 1987', ;;)1 SLAKE PUD AGREEMENTS FOR INTERIM OFF-SITE WATER AND SEWAGE ,,'r FACILITIES See Pages 6 ;?t:: - 6.F .š- )2 D ESTATES WATER FACILITIES ACCEPTANCE (FORMERLY EDGEWILD) See O.R. Book l291, Pages 003-030. ~ I, Gl 'Tcr,TES FOR CORRECTION TO THE TAX ROLLS 1980 631 Dated 8/13/87 1981 G40 Dated 8/13/87 1982 )04 Dated 8/13/87 1983 J95 Dated 8/13/87 1984 264 Dated 8/13/87 1985 ::0; 240 Dated 8/13/87 . : I : 1986 209 Dated 8/13/87 'r;2 IN TIMB FOR INMATES NOS. 39053, 54515, 33507, 53639, 23126, 32273, 54768, 37098, 49022 ~ 1403 :: F7ICTIONS OF LIENS FOR PUBLIC DEFENDER See Pages C J> b - C y rP" ~14G . mmus CORRESPONDENCE FILED AND/OR REFERRED ,_re being no objection, the following correspondence was filed _r referred to the variou~ departments as indicated below: Page 61' " , ~oo~ 10f)r:': G70 ,._.-,---,..,--~ _, :f)wto71 AUGUST 2S,' 1987 '~tter dated 08/13/87 from Douglas L. Fry, Environmental Jpervisor, enclosing short form application (File No. :-137958-5, Frank J, Cole, Jr.) which involves dredge and ¡ ill activities, Referred to Neil Dorrill (letter), David Icttrow, Dr. C. Edward Proffitt and filed. 'ctter dated 08/1~/87 from Douglas L. Fry, Environmental 'dpervisor, enclosing short form application (File No. 1-137971-5, Atraban Homes, Inc.) which involves dredge and ¡II activ~Lies. Referred to Neil Dorrill (letter), David i cttrow, Dr. C. Edward Proffitt and filed. ::otice received 08/17/87 from DER that they signed a contract \lith Roy F. Weston, Inc., a North Carolina consulting firm LO develop comprehensive screening criteria and evaluate sites :or a hazardous waste treatment and storage facility. ¡:cferred to Neil Dorrill, William Lorenz and filed. ¡'1cmorandum dated 08/07/87 from B. J. white, DNR, Bureau of Park Planning & Design, forwarding Notice of Public Meetings, /ugust 31 and September 1, 1987, of the Land Acquisition ,:clection Commi ttee to gather additional information on both flCW and reconsidered C.A.R.L. Program applications. Referred LO Board of County Commissioners, David Pettrow, Neil Dorrill and filed. Received 08/14/87 a copy of a letter from the Dept. of Revenue to Honorable Sam J. Colding from William Zuna, Director, Division of Ad Valorem Tax, enclosing "Property Appraiser's su~mary of the 1987-88 Budget by Appropriation Category". I¡eferred to Board of County Commissioners, Neil Dorr ill, Lori Zalka and filed. Notice received 08/13/87 from HRS of process service charges on 34 child support enforcement actions and reimbursement @70% in accordance .Iith Contract #HE-5l4. xc: John Yon~osky and filed. r-1inutes: A. Water Management Advisory Board agenda for 08/12/87. ß. Parks & Recreation Advisory Board 07/16/87 and ~genda for 08/20/87. C. Collier County Planning Commission 08/06/87 and agenda for 08/20/87, D. Library Advisory Board 07/23/87. ~xccutive Sum~ary [rom Naples Taxwatch dated 08/11/87 with detailed report or its findings of the proposed 1987-88 County budget. Referred to Board of County Commissioners and filed. Page'62 =- .. <' -", t ~'~ ;.',\ . ~ I ,,~~-':r- ~i" . . .' . ' " , , . " ".~.""'!:;.. AUGUST 25, 1'),,7 ,~'r dated 07/22/87 from James P. War.d, Assistant DistriçL ~cr, Pelican Bay Improvement ]istrict, providing propo~0d ,3 [or the District's system for FY 1988. Referred to rd of County Commissioners and filed. : ic Service Commission Order No, 17989, issued 08/13/87, ct No. 870678-WS, Acknowledging Jndexing Rate Adjustment Closing Docket for Florida Cities Water Company. Referred :Joil Dorrill, Bruce Anderson, Tom Crandall and filed. tter dated 08/11/87 from Douglas M. Midgley, Public ,.:nder, Twentieth Judicial Circuit, suggesting that Colli·.:r unty, by Resolution, designate a representative from the ,rd to the CJIS Management Council, effective 09/01/87. ferred to the Board of County Commissioners, Neil Dorrill, I Cuyler and filed. ~ter dated 08/13/87 from Jim Chaplin, Manager, U.S. Dept, Housing and Urban Development, forwarding results of the :1ðgement Review of the Collier County Section 8 Program. (erred to Neil Dorrill, David P~ttrow, Wanda Jones and ; led. *** being no further business for the Good of the County, the s adjourned by Order of the Chair - Time: 2:35 P.M. BOARD OF COUNTY COMMISSIONERS/ BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL ~H~.bÞ rLES, CLERK / , ...' /]A, ~__L;' C) C _ ·;;/~",,··Jr//c.---3-/ ~ .... ~ '.~,'m'inü't'es approved by the Board 0 . .~J I."',." ____ ,:: tca:':';;';~ . or as corrected ¡ ~.', r...· '^~". .. ( ,: :',',i)' ';" .....( .~ .., : - : ,," . -'" ' , 'Î ;'.- ! . : - : " " ., ~" \", ,,'" '.' .......; ". '7,"...·:..:·>·.,~<? ...: -.... . ......."'... "" ..... ''''\' .,' . ".~"\t;") ,.t ,\ ..... , ., . ~. t·'·"· ø¿ ~/ )'tI'..-/ , Page 63 ~oo~ 106 me S'Zl , . ... .. ...~.