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BCC Minutes 04/14/1987 R .. ... .. Naples, Florida, April 14, 1987 LET IT BE REMEMBERED, that the Board of County Commissioners in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special districts as have been created according to law and having conducted business herein,. met on this date at 9:00 A.M. in REGULAR SESSION in Building "F" of the Courthouse Complex, East Naples, Florida, with the following members present: CHAIRMAN: Max A. Hasse, Jr. VICE-CHAIRMAN: Arnold Lee Glass John A. Pistor Burt L. Saunders Anne Goodnight ALSO PRESENT: James C. Giles, Clerk; John Yonkosky, Finance Director; Beverly Kueter and Maureen Kenyon (1:30 p.m.), Deputy Clerks; Donald B. Lusk, County Manager; Neil Dorrill, Assistant County Manager; Ken Cuyler, County Attorney; David Weigel, Assistant County Attorney; Tom Crandall, Utilities Administrator; George Archibald, Public Works Administrator; Kevin O'Donnell, Public Services \ Administrator; Dave Pettrow, Community Development Administrator; Anne MCKim, Planning/Zoning Director; David Weeks, Planner; Joseph Magri, Building Code Compliance Director; Nancy Israelson, Administrative Assistant to the Board; and Deputy Chief Ray Barnett, Sheriff's Department. Page 1 &OD~ 103 mt 3"86 - .- .. APRIL 14, 1987 Tape f1 Item '3 AGENDA AND CONSENT AGENDA - APPROVED WITH CHANGES Commissioner Gooðnight moveð, seconðeð by Commissioner Pis tor anð carrieð unanimously, that the Agenða anð Consent Agenða be approveð with the following changes: Items GCl through 6C6 - Continueð to April 21, 1987 Item 9BG - ContinuAð to April 28, 1987 Item 12F - Discussion of stop sign at Logan anð Green Boulevarðs - Aððeð Item 12G - Discussion regarðinq Lely Barefoot Beach - Aððeð Item 12H - Recommenðation to confirm appointment of Jim Giles as Fair Boarð Treasurer - Aððeð Item 14Dl- Recommendation to transfer all capital monies in Fund 325 to Fund 301 and eliminate the "1981 Water Management CIP Fund 325" - Deleted Item 14El- Recommendation to increase salary of Builðing Code Compliance Director - Moved to Item 9El. Item '4 MINUTES OF MARCH 23, 24, & 31, 1987 - APPROVED AS PRESENTED Commissioner Glass moveð, seconðeð by Commissioner Saunðers anð carried unanimously, that the minutes of March 23, March 24, anð March 31, be approveð as presented. Page 2 eOM: 103~~?.392 IIb~ 103nr.!393 APRIL 14, 1987 Item '5A EMPLOYEE SERVICE AWARD (PERSONNEL) Chairman Hasse presented an Employee Service Award to the following employee: Dan Loubier Parks & Recreation 5 yrs. Item '5B PROCLhMATION DESIGNATING THE WEEK OF APRIL 19-25, 1987 AS "BARBERSHOP HARMONY WEEK" - ADOPTED commissioner Saunðers moveð, secondeð by Commissioner. Glass anð carrieð unanimously, that the proclamation be aðopteð. Page 3 - _. - .._--^,.,.,"'~~..., , BOOK 103 P~(;t 395 APRIL 14, 1987 xte. UB1 PETITION PDA-86-1GC, WILSON, MILLER, BARTON, SOLL & PEEK, INC. - DELETED Commissioner Saunðers moveð, seconðeð by Commissioner Glass and carrieð unanimously, that Petition PDA-86-16C, Wilson, Miller, Barton, Soll & Peek, Inc. requesting an amenðment to the East Toll Plaza RV Resort PUD, be ðeleteð. Petitioner to pay for readvertising at a future date. Items '6C2-f6C6 REVISIONS TO VARIOUS BUILDING CODES - CONTINUED TO APRIL 21, 1987 commissioner Saunðers moveð, seconðeð by commissionor Glass anð carrieð unanimously, that revisions to the Stanðarð Duilðing Coðe, Coastal Builðing Zone, Stanðarð Swimming Pool Coðe, Stanðarð Plumblng Coðe, Stanðarð Mechanical Coðe anð Stanðard Gas Coðe, be continueð to April 21, 1987. Item *6B7 ORDINANCE 87-16 PROHIBITING UNSEALED CONTAINERS OF ALCOHOLIC BEVERAGES IN MOTOR VEHICLES - ADOPTED WITH CH~NGE Legal notice having been published in the Naples Daily News on March 26, 1987 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider dn Ordinance making it unlawful to possess alcoholic beverages in unsealed containers in motor vehicles. Assistant County Attorney Weigel advised that the local Naples Chapter of MADD has requested that the County adopt an Ordinance pro- Page 4 .. _. - .. .- .. APRIL 14, 1987 hibiting open containers of alcoholic beverages in vehicles. He stated that Staff has reviewed scveral othcr County and City Ordinances on this issue and have drafted one for Collier County which models ~ther counties within Florida. He said the Ordinance includes exceptions, definitions, applicability, penalties, and an effective date. In answer to Deputy Chief Barnett, Mr. Weigel stated that the intent of the Ordinance does not include boats. Mr. Barnett requested that the Ordinance specifically state "excluding boats", to avoid con- fusion during enforcement. Mrs. Shirley Porter, President of M~DD, thanked the Board for sup- porting the organization's efforts in detering drinking and driving. Mr. Chester Dobeck stated that he is against this Ordinance since one more law does not make anything safer and requested 4enial. Commissioner Saunders moveð, seconðeð by Commissioner Glass and carrieð unanimously, that the public hearing be closed. Commissioner Glass moveð, seconded by Commissioner Gooðnight anð carried unanimously, that the orðinance as numbereð and titleð below with the aððitional language neeðeð to "excluðe boats" be adopteð anð entered into Ordinance Book No. 26. ORDINANCE 87-16 AN ORDINANCE MAKING IT UNLAWFUL TO POSSESS ALCOHOLIC BEVERAGES IN UNSEALED CONTAINERS IN MOTOR VEHICLES; PROVIDING FOR EXCEPTIONS; PROVIDING DEFINITIONS; PROVIDING FOR APPLICABILITY; PROVIDING FOR PENALTIES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. &1I1ìK lU3~r.:396 Page 5 ..,.>;".;.;..,_"_._",__.,._..."""~,.......,",.",~."..".,,,,,,.,;.."""..~,'O""",,,.,,,.~..,"-,.,_" -....-."---- mJ. 103w,s.397 APRIL 14, 1987 Item t6C8 ORDINANCE 87-17 INCRE~SING THE BOAT REGISTRATION FEES BY 50% - ADOPTED Legal notice having been published in the Naples Daily News on March 26, 1987, as eviùenced by Affidavit of Publication filed with the Clerk, public hearing was opened to considcr an ordinance increasing the boat registration fees. County Attorney Cuyler stated the purpose of this Ordinance is to increase the boat registration fees by 50%. He stated that this is allowable because the population of Collier County is in excess of 100,000. He stated the additional fees will be disbursed as follows: Tax Collector is to be paid a collection fee; $1.00 of every registration fee imposed is to be remitted to the State of Florida for deposit in the Motor Boat Revolving Trust Fund for expenditures solely on activities relating to the preservation of manatees; and all other funds will be expended for the patrol, regulation, and maintenance of the lakes, rivers, waters and other boating related activities in Collier County. In answer to Commissioner Pistor, Mr. Cuyler stated that the County must pay the $1.00 fee to the State. Commissioner Gooðnight moveð, seconðeð by Commissioner Pistor anð carrieð unanimously, t~at the public hearing be closed. Mr. Cuyler noted that the Ordinance provides for ~ollection of the increased fees to begin on July 1, 1988. He said there are certain legislative bills pending which may affect this Ordinance, however, if Page 6 - _. - 'i____"......._"'''".-,.~_'"_~_·"'_··_,,·..'''''''_",_,~__~,,__ . ~- ~-_.....,,-'""-""'".;,;............._--, - - - APRIL 14, 1987 and when this occurs, the item will be brought back before the Board. Tape t2 Deputy Tax Collector Addison stated that it is not possible to institute the collection of these fees in July, 1987. Commissioner pistor moveð, seconðeð by Commissioner Glass and carrieð unanimously, that the Collier county Tax Collector be requesteð to try to begin collection of these fees in July, 1987; anð the orðinance as numbereð anð titleð below be aðopteð anð entereð into Orðinance Book No. 26: ORDINANCE 87-17 AN ORDINANCE RELATING TO PATROL, MAINTENANCE, AND REGULATION OF WATERS AND TO BOATING RELATED ACTIVITIES: PROVIDING FOR AN ANNUAL COUNTY REGISTRATION FFE FOR VESSELS REGISTERED, OPERATED OR STORF:D IN WATERS WITHIN THE JURISDICTION OF COLLIER COUNTY; PROVIDING FOR COLLECTION; PROVIDING FOR THE ALLOCATION AND EXPENDITURE OF SAID FEES; PROVIDING FOR ADMINISTRATIVE EXPENSES; PROVIDING FOR CONFLICT AND SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. Item '6C9 RESOLUTION 87-83, PETITION AV-87-001, WILSON, MILLER, BARTON, SOLL & PEEK, INC. AS AGENT; REQUESTING TO VACATE AND RENOUNCE PUBLIC INTEREST IN EDGEWILD BLVD. - ADOPTED Legal notice having been published in the Naples Daily News on March 29, 1987 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider to vacate, renounce and disclaim any public interest and retain certain utility easements in a portion of Edgewild Blvd. Public Works Adminlstrator Archibald stated that Edgewild Blvd. is tam W3~r,::39S Page 7 """._--"'-,-_....,_..__."""",..~"'-'_.....,~,"'"--,._'''"'~'''',...,-~-~~"',', ~ODY. 1ro f~<:,t 399 APRIL 14, 1987 approximately one mile in length and serves the Edgewild PUD. He stated there is currently no development within the PUD and the road is located directly south of C.R. 846 and immediately east of Four Seasons subdivision in the North Naples area. Mr. Archibald explained the purpose of the vacation is to convert the road from public ownership to private ownership. He said the owner plans to control access to the PUD area from both Immokalee Road and from the east. Mr. Archibald stñted there are letters of no objection from Staff and utilities. He said the existing roadway will remain as a utility easement. Commissioner Glass moveð, seconded by Commissioner Saunðers an1 carrieð unanimously, that the public hearing be closeð. Commissioner Glass moved, seconðeð by commissioner Saunðers anð carrieð unanimously, that Resolution 87-83, Petition AV-87-001, \/ilson, Miller, Barton, Soll & Peek, Inc. as agent, requesting to vacate anð renounce public interest in Eðgewilð Blvd. be aðopteð. Page 8 - - - - - - APRIL 14, 1987 Item '7Al RESOLUTION 87-84 PETITION V-87-1, HOLE, MONTES & ASSOCIATES, INC. REPRESENTING GULF COASTAL BEACHFRONT VENTURE1 REQUESTING A 29 FOOT VARIANCE FROM THE REQUIRED FRONT YARD SETBACK FOR VILLAS RAPHAEL _ ADOPTED WITH 9TIPULATION Legal notice having been published in the Naples Daily News on March 29, 1987 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider a 29 foot variance from the required front yard setback of 30 feet to approximately 1 foot. Planner Weeks st~te~ that this proposed variance is to allow for the construction of a pump enclosure. He stated that Villas Raphael is located along Seagate Drive, is gulf front property, contains 11 dwelling units, and the western half of the site is not developed because of the coastal construction line. Mr. Weeks stated that the petitioner proposes to construct a pump enclosure behind a 10 foot high sign which is integrated with the wall that runs parallel to the front property line. He said the enclosure will protect and buffer pumps that draw, pump and return well water through a loop system that runs through all 11 dwelling units as part of the air conditioning system. He added that the location of the pumps is right at the property line. Mr. Weeks stated that technically Staff has no objection to this petition because the enclosure is small, has a practical location, and it will not be visible to members of the general public. He noted, however, that Staff also finds no land-related hardship and, for that Page 9 l,on ItJ3~.wtO! am 10a PAGE 403' reason, must recommend denial. APRIL 14, 1987 Mr. Bob Carsello, Kraft Construction Company, Inc., presented pic- tures of Villa Raphael to the Board and stated that the developer decided to use an air conditioning system which was the least objec- tionable to the residents. He said this particular system alleviates the need for individual compressors on site. He also stated that the wells for the pumps on this system were originally drilled at the furthest point from the gulf. He noted that the pumps and the enclo- sure cannot be seen by the general public and is only visible to the residents of Villas Raphael. In answer to Commissione~ Pistor, Commissioner Glass stated that he has received a letter of no objection from the property directly to the south. Commissioner Saunders stated that because of the coastal construc- tion line setback, he believe a land-related hardship does exist. Commissioner Goodnight moveð, secondeð by Commispioner Glass anð carried unanimously, that the public hearinq be closeð. Commissioner Glass moved, seconded by Commissioner Goodnight and carried 4/1 (Commissioner Pistor opposeð), that Petition V-87-1, HOle, Montes & Associates, Inc., representinq Gulf Coastal Beachfront Venture, requesting a 29 foot variance from the requireð front yarð setback of 30 feet to approximately 1 foot to allow a pump enclosure for property known as Villas Raphael, be aðopteð with the following stipulation: Page 10 - - - - - - APRIL 14, 1987 Lanðscaping or opa~le decorative screening shall be placeð arounð the pumps. aOOK 103'p:'G~ 404 .' . . Page 11 ",. ,. - '"~..- "~"..- .. - - APRIL 14, 1987 Item '7B1 RESOLUTION 87-85, PETITION PU-86-30C, WILLIAM F. AND PEARL D. WHITE; REQUESTING PROVISIONAL USE "i" OF THE C-4 ZONING DISTRICT FOR A MOTEL ADDITION - ADOPTED WITH STIPULATION Planner Weeks stated the purpose of this petition is to develop a site, adjacent to an existing motel, with additional motel units. He displayed the location of the site on Zoning Map 50-26-9. He stated the lands to the north are undeveloped, to the east is the existing White's Motel, to the south is a commercial plaza, and to the west, across Tamiami Court, are single-family dwelling units of one story in height. Mr. Weeks stated the p~orosed expansion of the existing White's Motel will consist of a new two-story, 10 unit CBS building, expanded parking facilities including 15 automobile spaces and 3 tractor trailer spaces with access onto Tamiami Court. He stated Staff has no objections to the petition, but have a couple of concerns with regard to noise and lights from tractor trailers, and are recommending add i- tional buffering. Mr. Weeks reported that the CCPC rp.viewed this petition on April 2, 1987 and had no objection. He said CCPC added the following stipu- lations: 1) reduce tractor trailer parking spaces from 3 to 2, and 2) move the gate from the driveway on Tamiami Court to the connector bet- ween the auto parking facility and the tractor trailer parking facility. He stated Staff recommends approval based on the CCPC approval. Page 12 'm~ 103·~r;¡ '~üB aDOK 103 PAGt 4.09 APRIL 14, 1987 In answer to Chairman Hasse, Mr. Weeks stated there is a possibi- lity of headlight glare for the single-family residences across Tamiami Court, however, the closest residence is 200 to 300 feet from the structure itself. In answer to Commissioner Saunders, Mr. Weeks stated that Staff prefers the gate to be located in the driveway on Tamiami Court. Commissioner Pistor stated his concern about the possibility of refrigerater trucks running their motors all night long, as it could become very annoying. Mr. William White, Petitioner, stated that the only reason the truck parking spaces were requested was for the overflow of trucks during watermelon sea~on. He stated he doubts very much whether there will ever be a refrigerater truck parked at the motel. He stated that headlight glare is not a problem since the closest residence is 326 feet away. Commissioner Pistor moveð, secondeð by Commissioner Gooðnight anð carrieð unanimously, that Resolution 87-85, Petition' PU-86-30C, william F. anð Pearl D. White, requesting Provisional Use "i" of the C-4 Zoning District for a motel adðition be approveð with the following stipulation: T~e gate is to be located in the ðriveway on Tamiami Court. Page 13 - - - '-"___"",^"". _""""""""_""''''~'_.. .,.·.._.,_.,~",.o<>______·_ _~""".,"'-'-',,,.,," .MInf; 103~QU7 APRIL 14, 1987 Item t9A1 CONTRACT WITH THE DEPARTMENT OF ENVIRONMENTAL REGULATION AUTHORIZING THE ENVIRONMENTAL SCIENCE AND POLLUTION CONTROL DEPT. TO SELECT WELLS TO BE USED IN THE DEPT. OF HRS PRIVATE DRINKING WELL SURVEY - APPROVED Environmcntal Scicnce and Pollution Control Director Lorenz requested the Board to enter into a contract with DER that would com- mit the ESPCD to select the wells to be used in the Department of Health & Rehabilitative Services Private Drinking Well Survey. He stated that in return for these services, the County will receive $5,570 in operating costs. He stated that ESPCD will choose 70 resi- dential wells which meet the HRS well completion criteria and repre- sent proper statistical distribution and aquifer selection from a population distribution map developed by that department. Mr. Lorenz said the ESPCD currenèly analyzes the quality of pri- vate drinking water wells in the County. He stated the HRS survey would allow continuation of this task and also pay for it. He stated the fiscal impact on this contract is zero, since it will reimburse 100% of ESPCD efforts. Commissioner Pistor stated this matter is very important and asked if there will be more than 50 wells and wondered if they will be spaced around the area? Mr. Lorenz stated that this contract will begin with 70 wells for the Health Department to ultimately sample, which is over and above the 60 wells per year currently being sampled by the ESPCD. Commissioner Saunðers moved, seconded by Commissioner Goodnight Page 14 - _. - - - - APRIL 14, 1987 and oarried unanimously, that DER Contract No. WM199 for Private Drinking Water Well Survey be approveð and the Chairman is authorizeð to sign. Page 15 !DIK I03'~(;1/418 mY: 103" pm 4'25 *** RECESS AT 10:00 A.M. Item f9El SALARY INCREASE FOR BUILDING CODE COMPLIANCE DIRECTOR - APPROVED County Manager Lusk requested that this item be heard at this time and stated that he would give the presentation. Mr. Lusk explained that when the Building Code Compliance Director was hired, three people had been interviewed - Mr. Magri and two candidates from within the State of Florida. He stated that both candidates had requested salaries of S36,000 per year. Mr. Lusk stated that Mr. Magri was the top choice and was hired at $29,000 per year and promised that his salary would be increased to become comparable to other Building Code Compliance Directors in the State. Mr. Lusk stated that Mr. Magri has proven himself and is doing an excellent job and should be making a competitive wage. He said that a wage comparison study has been completed and these salaries range from $34,000 to $43,000 per year. He reiterated that Mr. Magri's salary should be increased to the level that would have been needed if someone from outside the County employ had been hired one year ago. Mr. Lusk stated he has no hesitation in recommending that the Board approve this increase. In answer to Chairman Hasse, Mr. Lusk stated that Mr. Magri will receive the regular cost of living increase the same as every othe~ County employee in October. Commissioner Saunders explained that he requested that this item be taken off the Consent Agenda for discussion at the request of a APRIL 14, 1987 RECONVENED AT 10:05 A.M. *** Page 16 - _. - "'<-","~,"-_._---"..."."".,._,;..,="",,~.,,;.,.-...,,,,"~---~".'> APRIL 14, 1987 Citizens Group. Mr. Dick Braun and Mr. Joh~ Keschl spoke in opposition to the increase citing Mr. Magri's qualifications and many other employees in the County deserving a raise. Mr. Gary Carlson and Mr. Bill Jones, CCBCA members, spoke in favor of the increase citing responsibility for safety of citizens, the iact that Mr. Magri has initiated education programs for contractors, cooperation and efficiency of department, tremendous workload, understaffed department, and rapid growth of County. In response to Mr. Braun, Mr. Lusk stated that Florida State Law requires Building Code Compliance Directors to be either an archi- tect, an engineer, or an experienced building official in the building construction trades. He said Mr. Magri has 20 years of experience. He said Mr. Magri did, and does, meet the qualifications of State Law. Mr. Lusk also stated that Mr. Magri is a Certified Building Inspector, Certified Building Plans Examiner, Certified Building Official, and under the State of Florida he is also a Certified Municipal Fire Inspector. He said the issue is not whether or not Mr. Magri has the ability and qualifications to do this job. Mr. Lusk further mentioned that Mr. Magri runs one of the toughest departments in Collier County. He stated that Mr. Magri also needs more building inspectors and that item will be presented in a couple of weeks. He also stated that this raise is the last installment that was promised to Mr. Magri at the time he was hired and agreed to take Page 17 mK 103"~r., 426 BODK 103' p~,;r 427 APRIL 14, 1987 the position. Commissioner Pistor stated that th~re are many alleged experts that claim that Collier County is the fastest growing area in the United States and there is a tremendous amount of building going on at the present time. He stated that he is in agreement with Mr. Lusk that more building inspeclors need to be hired. fie added that he has reports from builders and contractors that Mr. Magri is doing an excellent job and has reorganized that department to provide better and more efficient service. In answer to Mr. Keschl, Mr. Magri stated there are presently 12 building inspectors, all of which are certified by the Standard Building Code Congress, and in addition there are 11 Zoning inspec- tors. commissioner Pistor moveð, seconðeð by commissioner Gooðnight anð carrieð unanimously, that the salary of the Builðing,code Compliance Director be increased by 5.7%. PRESENTATION BY STATE ATTORNEY JOSEPH P. D'ALESSANDRO - NO ACTION State Attorney Joseph P. D'Alessandro stated that on August 5, 1986 the Board of County Commissioners requested an investigation into allegations made by Vjckie Mullins, former Community Development Administrator. He said that on August 12, 1986, he appeared before the Board and advised that an inquiry would be conducted within the scope of the jurisdiction of his office. Page 18 .. ... .. APRIL 14, 1987 Mr. D'Alessandro stated that his staff conducted its inquiry with ð view towards determining whether or not the criminal laws of the State of Florida had been violated. He stated that the inquiry resulted in the determination that no crimina+ laws of this State had been violated and in addition, also revealed that no formal alle- gations of criminal violations had been alleged or discovered. Mr. D'Ale~~andro presented the Board with copies of his report, since the investigation is closed and a matter of public record. He explained that the reason the investigation seemed to take a long time is that the University of South Florida Report had to be reviewed. In answer to Mr. Lusk, Mr. D'Alessandro stated that they did investigate some of the allegations which were not criminal and when it was determined that they were purely administrative in nature, activity on that allegation ceased. He stated there is reference in his report of a County Ordinance which was not followed, however, there are no criminal sanctions for violations of the Ordinance. Mr. Everett Thayer, Goldcn Gate Resident, stated that he has a letter from the Second District Court of Appeals and the issue is completely political. At this point County Attorney Cuyler interrupted by stating the issue being addressed by Mr. Thayer is unrelated to the issue being discussed. Chairman Hasse thanked Mr. D'Alessandro for the report. Tape H Item '9B1 AIR CONDITIONING CONTRACT FOR BUILDING "w" - AWARDED TO CONDITIONED AIR CORPORATION FOR $14,437 Page 19 80D~ lOa PAc,r 428 "..---<.... -~.~"-,_...,_._"----_..-""'~"""";,-,~._<,,..-,.""'"";""'."' BOOK 103'PJ~r 42.9 APRIL 14, 1987 Public Works Administrator Archibald stated that on March 3, 1987 the Board approved air conditioning of the seconò floor in Building "W". He stated that three quotations have been received and Staff is recommending a contract be awarded to Conditioned Air Corporation, which was the lowest quote. Clerk Giles requested that the Board also waive the formal bidding requirements. Commissioner Saunðers moveð, seconðeð by Commissioner Glass anð ~arried unanimously, that the formal biððing be waiveð anð air con- ðitioning contract for Builðing "W" be awarðeð to Conðitioned Air Corporation for $l4,437.00 Item '9B2 RECOMMENDATION FOR STAFF TO NEGOTIATE A CONTRACT FOR ARCHITECTURAL SERVICES FOR A NEW PASSENGER/SERVICE ELEVATOR - APPROVEO Public Works Administrator Archibald stated that proposals for architectural services were requested after the Febrµary 3, 1987 Boord of County Commissioners meeting. He stated that a committee was formed to evaluate those proposals and the four firms were ranked, with Anchor Engineering being placed first. He requested that the Board authorize Staff to negotiate a contract with Anchor Engineering. Commissioner Saunders questioned whether there is really a need for another elevator? Mr. Archibald stated there has been a problem in placing heavy equipment in Building "F" because it does not fit in the present elevators. He stated that this ele'ator will also serve Page 20 ",,' ._-,;._.,"-,-~",.....~~"-"'-- .. ... .. APRIL 14, 1987 as a freight elevator. He noted that with the addition of three floors to Building "F", the increase in traffic justifies the need for another passenger elevator. Commissioner Saunders stated that the additional three floors have all of ·their equipment now and it is questionable as to whether it will have to be moved again. He asked if there are any standards for the number of passengers justifying an elevator? Mr. Archibald stated that there is information which was previously generated on this sub- ject and Commissioner Saunders stated that he needs more justification before he can approve negotiating a contract. Commissioner Pistor stdtcd that the need for the additional eleva- tor is justified. commissioner ristor moved, seconðeð by commissioner Glass anð carried 4/1 (commissioner Saunders opposed), that Staff is authorizeð to negotiate a contract for architectural services for a new passenger/~ervice elevator with Anchor Engineering. Item f9B3 SHAWMUT/WESTINGHOUSE TO BE NOTIFIED THAT PROVISIONS OF EXTENSION AGREEMENT GO INTO EFFECT NOW Assistant County Manager Dorrill stated that the latest extension to the Shawmut/Westinghouse Service Agreement for a solid waste resource recovery facility was extended to May 11, 1987. He stated that the Board of County Commissioners must ~ake a decision and give staff some direction on how to proceed. - 103'~t:t430 Page 21 ,._~"'T,,,"~·_"_"·M.-,.._.~"~··""·' ~.,.~~,,--,~. BOO~ lO3"f'Jr¿ 431 APRIL 14, 1987 Mr. Dorrill stated that as a result of negotiations with the Shawmut/Westinghouse team, Staff has prepared an analysis on tipping fees which would be instituted within the first year of completion of the plant. He stated the analysis is shown in two ways: an estimate for resource recovery with Shawmut/Westinghouse and an estimate including on-going County costs such as administration for collection fees at the landfill and the operation o~ the three transfer stations. Mr. Dorrill stated that the figures shown in the analysis are substantially higher than those originally projeGted in December of 1985. He added that the fees currently estimated for this project, however, are no worse or better than any other project constructed or under contract within the State of Florida. He said the fees are somewhere between $40 and $50 per ton. Mr. Dorrill stated his recommendation is to quit throwing good money after bad in the development of this project if there is concern about the project. He said Staff has generated more. study than any other community in the State of Florida in the hopes of trying to have one of these projects, and it is time the new Commissioners made a decision. He also stated that if the Board wishes to proceed, the project can be viable, will involve additional costs and the environ- mental concerns are an emotional issue rather than practical concerns. Mr. Dorrill advised there are a number of time constraints which dictate that a decision must be made today. He said the Air Quality Permit is being heard now and there is a substantial amount of work Page 22 - _. - ~_...._-,,-- .. ........~~..,,""'._.;''',''''.....~;_'''_~'."'_""'_'.^''ê^"', ",._, - .- .. APRIL 14, 1987 which needs to be accomplished before the permits are taken to an Administrative Hearing early this summer. He stated there is also the matter of completion of an electric sales agreement with a municipal power association in order to proceed, as well as renegotiation of a service contract, which has expired. Mr. Dorrill estimated it will cost $50,000 to $70,000 in legal fees to accomplish the renegotiation. He added that the westinghouse parent company backing is also needed for security for the Series "D" Bonds. Mr. Dorrill stated that after the Board decides the fate of the current project, he would like a discussion on which direction the Board wishes to take on the issue of resource recovery. Mr. Charles Ezarine, President of Shawmut Engineering, stated that resource recnvery fOl Collier County is inevitable and only questionable as to when it will happen. He stated that they have negotiated a contract which will reduce the amount of MSW materials going into the landfill and lengthen the life of the current landfill by at least 10 times. He said this contract will also give the County the opportunity to mine unlined cells and potentially mine areas that could be problems in the existing landfill. He said the environmental advantages to this system are self evident within the proposal and will be heard on June 8, 1987 and will be proven to be the most restrictive ever issueG in Florida. Mr. Ezarine stated that the conservative estimates on cost that have been worked up by County Staff are indeed very competitive with ~OtIK lOan'".! 432 Page 23 '-'-'--"--'~ ~DDK jOa'N~ 433" APRIL 14, 1987 contracts which were awarded a couple of years ago and the nation wide tipping fees are in the $50 to $60 per ton range. He noted that the County is pretty well insulated from escalating costs during the 20-year period and with resource recovery the costs are known as opposed to the unknown with a landfill. He noted a recent magazine article that indicated that landfill costs will be in the $90 to $100 per ton range in 20 years. Mr. Ezarine stated that the County is growing very rapidly and this plant can open in 1990. He stated the tonages used are conser- vative and that for every 50 tons in excess of the 500 tons will reduce the tipping fe¿ by $3 per ton. He also stated that the contract gives a guarantee of separation for metals, aluminum, etc. out of the system and there is no factor for the sale of these materials, however, if those materials are sold, the figure reduces the tipping fee by $3.50 in the first year and by $9.22 in the 20th year. Mr. Ezarine ~tated that the opportunity with the Florida Municipal Power Authority will not be there very long. He said they only have a need for approximately 20 megawatts which is the size of the proposed Collier County plant. He said the utility has offered 80% of the upside benefits and low oil prices are keeping that figure low, however, if oil prices escalate the benefits will be reflected back to the County. He noted that there is also a capacity component which has nothing to do with energy and the County will have 80% of the Page 24 - _. .. ...".......__...""'-~~..... _~....'="~_"',.._,_,__~'''__,;.'''''''O>''''"..^''"'"",....''''."'''_",'^''.._......,."''..,,,.~<".",.>"."",,",~..,,~," .._"..._,.._.._._._.__~ ._.. ___ ._. ..,~.."._o__._.._.._. - - - APRIL 14, 1907 benefit of all capacity. Mr. Ezarine pointed out that all information submitted is very conservative but close to a worse case estimate of what resource reco- very means in terms of dollars. He said he feels that the Board has received optimistic projections on cost of utilizing a landfill. He then quoted the recently completed R/UDAT Report: "In light of the extreme sensitivity of the natural environment and potential impact of the dynamic growth of the area the potential impact of the dynamic growth of the area, the use of landfills for solid waste disposal is clearly inappropriate. The Collier County Commissioners must address the need for an efficient technology for an integrated program for resource recovery and waste disposal immediately. An appropriate environmentally sour.d system should be implemented as soon as possible." Mr. Ezarine stated that the Shawmut/Westinghouse proposal is an appropriate and very integrated and environmentally sound proposal. He requested that the Commission give this proposal the opportunity to be heard on June 8, 1987 Commissioner Pistor stated that there are a lot of allegations that this plant will pollute the air and water and request~d that actual facts be presented as to what the environmental hazards of the air emissions and ash ore and how the ash can be used. Mr. Ezarine stated that he is not qualified to answer that question, however, he knows that the ash from this plant is totally different than a mass - 103'.w.I 434 Page 25 ~·,,,~,_,,__,,,_,_.._o.".,....._,_....._........_·__;__~__.....,___·__'.,...... '",...""'...._..."'_,.......",'__."--"_.,..."".........._.._"..--....·_~_".~K""."'-,TO lOOK 10ap~<;! 435 APRIL 14, 1987 burn ash. He stated that environmentally, this is the tightest appli- cation DER has received in Florida. Also in answer to Commissioner Pistor, Mr. Ezarine stated that the plant will op~rate within all DER regulations with regards to emissions and dioxins. In respon~e to Commissioner Saunders, Mr. Ezarine stated they have been issued the permits on the Erie, Pa. plant and an intervener has been issued. Commissioner Saunders stated that there has been some talk that the EPA may classify some of the material as hazardous waste because of heavy metals. Mr. Ezarine stated there would be no impact on this because they have guaranteed to remove the heavy metals and they will not be burned. The following people spoke against going forward with the present proposal for the resource recovery plant: Mr. Edward Johanson, Mr. Everett Thayer, Mr. George Keller, Mr. Ralph Taylor, Ms. Marcia Fitzgerald, and Mr. Bob Krasowski, citing such reasons as economics, environmental concerns, landfills are less expensive, unfair to other original bidders, and the Board should have more facts before pro- ceeding. The following people spoke in favor of the current proposal: Ms. Kathleen Ennis, Bettie Gulacsik, Dr. Charles Stokes, P.E., Ms. Vi Barclay, Mrs. Charlotte Westman, Mr. Bill Barton, P.E., citing recom- mendations from experts, the project is inevitable and costs wilf only increase, the company chosen must have assets to match the see million Page 26 - _. - - .- - APRIL 14, 1987 in bonds, proposal should be allowed to go through the June hearings before a final decision is made, landfill space could be reduced and land could be allowed to return to its natural state, fees are com- petitive now and will only increase later on. ..... Recess: 12:15 P.M. - Reconveneð: 1:30 P.M. at which tim~ Deputy Clerk Kenyon replaced Deputy Clerk Kueter ..... Mr. John Maerker, resident of Marco Island, stated that this plant has been proven and he is in favor of it. The following people spoke against the solid waste resource reco- very facility citing the hazardous waste that would be generated, the poor form of the service agreement, the fact that it would be economi- cally unfeasible, environmentally dangerous, would lack sufficient trash, would have the possibility of pollution, not be in the best interest of the public, not enough studies have been done on other alternatives, and the threat to water resources: Curt Mitchell Maureen Hilts John Keschl speaking for Chester Dobeck Joe Grimm Mr. Dave Goeser, representative of Westinghouse, stated that there has been a change in circumstances from 1985 to the present date, adding that the electric rates have changed drastically which has caused the change in tipping fees, but the facility and operation pri- ces have not changed. He noted that if the rebid process is done, the electric power rate will again playa part in the economics. In answer to Commissioner Pistor, Mr. Goeser stated that ash has !!m lOa~~r 436 Page 27 ·_···,·."""._·__-,_...____)._..,"'·'"~.'n_"."".,'~."'_"""""""'"""",,.~,."._"""'."."...,~"".".." - .- .. APRIL 14, 1987 contract which is unecceptab1e to the vendor or to consider the modified contract proposed by the vendor. He stated that the Committee also indicated that the tipping fees anticipated from the beginning date of 1989 to an ending date of 2008 when bonds would be retired were compared, adding that these ranges also approximate the lowest and the highest tipping fees anticipated. He stated that because of variations in amounts and the timing of these costs over this 20 year period, the present values at 7-1/2% of these streams of cost for each of these alternatives were displayed in the Committee's letter. Tape '7 Clerk Giles stated that the present values determined for land- filling was $122 million, the present contract was $111 million, and the propos~d contrac~ is $181 million. He noted that the fees for the landfill in 1989 are $16.90 and $43.77 in the year 2008. He reported that the present negotiated contract shows fees of $31.27 per ton in 1989 and $29.00 per ton in the year 2008, and the proposed resource recovery contract shows fees of $47.46 in 1989 and $51.69 in the year 2008. He indicated that the Shawmut representative felt that Staff's projections of tipping fees for the proposed contract are overstated due primarily to their disagreement as to how much revenue could be gained from the sale of electricity. He stated that also based on the information presented, the Committee felt that the estimate of land- fill expenses were overstated, adding that it was felt from ð cost ,--- MOK 103' wr438 Page 29 &OD~ 103 w.t 439 APRIL 14, 1987 standpoint that the Board should not renegotiate the current contract with westinghouse-Shawmut or consider the proposed contract because without readvertising for proposals the county could not consider other possible technologies which might be less expensive and also the current vendor may improve the recent proposal if it had to be sub- mitted on a competitive basis. He stated that based on staff's analy- sis any dramatic increase in cost to landfill probably will not occur before the year 1992 and the extent of the increased cost from 1992 onward may be overstated. He stated that these figures are based on the information that was presented to the committee. He stated that a couple things not add~essed by the committee because of insufficient information and time constraints was the character of the wastestreams and the cost that would be ultimately charged back to residential households and businesses. Commissioner Pistor stated that if the landfill can be mined, there would be a considerable difference in the tipping fee charges, and it would eliminate a contaminate feature and also make it possible to eliminate having to obtain extra fuel. He stated that this plant would also be set up to dispose of sludge, which is a major problem to the County and these are things that the committee overlooked. Clerk Giles stated that this information was asked for, but was not provided and the committee had to report back to the B0ard. He stated that the increase in the volume of garbage and refuse deposited Page 30 - ... - APRIL 14, 1987 does not significantly reduce the per ton cost. Commissioner Goodnight qU9stioned if the tax free bonds could only be used for the County, to which Clerk Giles stated that if the pre- sent bond issue is not viable becauSe of the major changes in the ven- dor and the County chooses to reissue bonds, the tax free status will change because these bonds were issued prior to January 1, 1986, to allow it to be privatized and the bonds tax free and the law changed after that date. County Manager Lusk stated that there was more to this issue than just tax free, adding that one of the reasons for the private vendor and getting the bonds through before January 1, 1986, was because of investment tax credits which are part of this project and would not be part of another project. Clerk Giles stated that this is correct and whether those tax cre- dits can be transferred to another vendor, is unclear, and is something that the bond counsel would have to determine. Commissioner Hasse stated that this project has taken two years and everyone has worked hard on it, and it is time to make a decision. commiss~oner pistor moveð that the Boarð direct statt to renego- tiate the service Agreement. Commissioner Saunders stated that he needs an opinion from the County Attorney as to what parts of this item he can participate in, to which County Attorney Cuyler stated that it is his opinion that there is a conflict on the vote but participation can take place with .OCK 103·w.~ 440 Page 31 ~,~-".__._-,.-" &OD~ 103 mt 441 APRIL 14, 1987 regards to comments and questions, adding that Commissioner Saunders would have to abstain from voting. Motion died for lack of a seconð. County Attorney Cuyler stated that if the Board goes forward, a majority vote is needed. He stated that if the Board does not want to go forward, there are two options; one of which is that the Board takes no action prior to May 11, 1987, and then the provisions of the exten- sion agreement will automatically come into effect which means that the Trustee will release the documents to the County and the parties will hold each other harmless; and the second method to do those same things would be that 8ither party could actively put those provisions into effect and the Board of County Commissioners can by majority vote send notice to Westinghouse, Shawmut and the other parties and put those provisions into effect right now. commissioner Pistor moved that the Boarð abstain, from any action this date. Motion ðied for lack of a second. commissioner Glass moveð, seconðed by Commissioner Gooðnight anð carrieð 3/1, (commissioner Pistor opposed anð commissioner Saunðers abstaineð), that all parties be notified under the provisions of the extension agreement that the provisions go into effect. Assistant County Manager Dorrill stated that his request would be to be given time to get with the Attorney's office to consummate the notice requirements and what will be entailed in the transfer of the p¡¡ge 32 - _. - "..,_,._.~_____-<-~_v.".. -~_.---.-- - .- .. APRIL 14, 1987 various documents and the rights to the bonds. He stated that he is concerned with continual landfilling and long-term impacts of future landfilling and he will need time to evaluate what some of the options would be and report back to the Board at a later date. Commissioner Hasse stated that he should work with the County Attorney to resolve all matters. IUDK 10a~:lll42 Page 33 '".. _.,._".-~."-.......--"--"" · SOÐI 103p1<r¿4.45 APRIL 14, 1987 Item '9B4 CONCEPT OF CONTRACT URAL WORK FOR TAX COLLECTOR - APPROVED AND PAYMENT OF SAME TO BE REVIEWED AND BROUGHT BACK TO BCC Public Works Administrator Archibald stated that thi9 item is to recommend the addition of improvements to Building "C-l" to serve the motor vehicle licensing area. He stated that he has established the approximate cost of this improvement and the Tax Collector has offered to handle the contract for those improvements so that the services that he provides to the public are not adversely affected by under- taking these improvements. He noted that Staff has estimated the cost of the improvements t~ be $17,500 and the Tax Collector stated that he would assume the responsibility for any increase in cost above that amount. He stated that Staff recommendation is for approval and to authorize the Tax Collector to undertake these improvements. He noted that the Staff prepared the plans and they have been provided to the Tax Collector and he will contract the work out and be responsible to make payments under that contract. He noted that in Fund 301, there are not sufficient reserves to cover this ðmount and as a result, he is requesting that a budget amendment be transferred from the General Fund to F~nd 301 for the purpose of this work. Commissioner Hasse questioned if the Tax Collector has any funds to contribute to this, to which Mr. Archibald stated that he could contact him and determine if he would want to assume the total cpst and then take it out of the funds that he collects. Page 34 - _. - ..a>_."_'''----- ",_-'",,-,--~""""-""--"'" - APRIL 14, 1987 Clerk Giles stated that as far as the idea of the Tax Collector using his existing budget, which is funded by commissions and fees from several different taxing authorities, he does not see a problem with it. He stated that he does not know if the Board can transfer a lump sum to the Tax Collector because there is a responsibility to pre- audit bills. He indicated that the actual paymcnt of the bills should come out of the County funds in order to determine what is being paid before it is p~id. Commissioner Pis tor stated that the Commission is contracting for the remodeling of Building "C-l" and questioned why this additional work has to be done through the Tax Collector as it is still the responsibility of the Commission to supply the office space for the constitutional officers? Public Works Administrator Archibald stated that this work was not part of the original contract and as a result, the question is whether the Commission wants to perform that work under contract or have the Tax Collector handle the contract and make payments. He stated that there are advantages from Staff's position with regards to the Tax Collector handling this matter. Clerk Giles stated that it is the responsibility of the Board of County Commissioners to pre-audit before it is paid and he is not sure if these fllnds could be advanced. County Attorney Cuyler stated that he has not reviewed this item and it should be continued for one week. I~ lü3Ð<:!445 Page 35 _.....___----.--~"---,....."'.,........,....."''''''.w. . ..,...~.,,-""-"'.'---'"-''''' ¡¡¡~ 10ap~"t447 APRIL 14, 1987 Mr. Archibald stated that some of the work has to be started because much of it has to be done during off-hours and weekends, which is another reason that the Tax Collector wanted to have control over it. He questioned if the cuncept of the work could be approved and then have the financing worked out at a later date? Commissioner Glass moveð, seconðeð by commissioner Saunders and carrieð 4/1, (commissioner pis tor opposeð) that the concept of the contractural work þe approved and ðetail anð formulate the policy for paying for it as proposed and the county Attorney to review same. Item f9Bs RESOLUTION 87-86 ESTADLISY.ING 1\ "NO PASSING" ZONE ON KINGS WAY IN FOXFIRE SUBDIVISION - ADOPTED Public Works Administrator Archibald stated that a number of homeowners have expressed concern of passing on a residential street in Foxfire Subdivision. He stated that Staff reviewed this situation and has confirmed that 4,300 feet is marked for no p~ssing and the remaining 3,300 feet is not marked on Kings Way. He stated that a resolution has been prepared that he is requesting be adopted to establish a "No Passing" zone on Kings Way, adding that the cost for striping this roadway would be $3,400. County Manager Lusk stated that when Santa Barbara Blvd. opens in October, this will alleviate a lot of the traffic on this street, adding that there should not be any passing in residential areas to begin with, but when the County starts putting up these signs ev~ry Page 36 - ... .. ......-,"',.'-"'"..,."_.....""',.."'-,,.. - .- .. APRIL 14, 1987 neighborhood in the County is going to be asking for this. Mr. Archibald stated that the exception to this rule are roadways that end up not being constructed as collector roads but roads that end up .functioning as collector roads because they are connecting to arterials, adding that in this case, Kings Way is collecting traffic from Radio Road and Davis Blvd. and as a result it is functioning as a collector road and it was only built to handle re~idential traffic. He stated that where there is residential construction along the road and that road has a certain amount of traffic and a certain amount of passing maneuvers, it creates a condition that was not expected. He stated that when Santa Barbara Blvd. opens, the amount of traffic will probably be chan~ed but the problem of vehicles passing on sege- ments of the road will not change. In answer to Commissioner Pistor, Deputy Chief Ray Barnett stated that this will simplify the enforcement. commissioner pistor moveð, seconðed by commissioner Goodnight and carrieð unanimously, that Resolution 87-86 establishing a "No passing" zone on Kings Way in Foxfire Subðivision be adopteð. tel 103n~448 Page 37 , . '_'~"'"'"_'''''__''''' _~.~~"4-"~^;";"""'~ .~_..~...,.~-~,~~,_...."~~"".......-- .. .-,.-. _I .- .. APRIL 14, 1987 Item t9C1 LEASE ~GREI~MENT BETWEEN COLLIER COUNTY AND COLLIER MODEL AERONAUTICS CLUB ON COUNTY OWNED PROPERTY NEAR MANATEE ROAD - CONTINUED FOR TWO WEEKS Public Services Administrator O'Donnell stated that this item is to seek approval to authorize the Chairman to sign a lease agreement with the Collier Model Aeronautics Club to utilize County-owned pro- perty near Manatee Road for the purpose of flying model airplanes and holding club events when necessary. He stated that on May 26, 1981, the Board approved an initial lease that allowed the model aeronautics group to use a portion of the property for a period of five years at a cost of a dollar per year, adding that the Collier Model Aeronautics Club approached the Parks & Recreation Department to renew the lease and the County Attorney and Risk Manager has reviewed the lease. He stated that the Parks & Recreation Advisory Board recommended approval of this lease, adding that this item was previously tabled pending possible consideration of either the utilities Division or the Sheriff's Department making use of part of the land. He stated that both of these departments have indicated that they no longer would be using this land, therefore, they are bringing the lease back to seek Board approval. Mr. Paul Muenzer, representing Collier County School Board, stated that he is asking that this lease arrangement be delayed because of problems that have occurred. He stated that last December they received a complaint that this road was being used, which is not a ~ODK 103n~ 450 Page 38 ~...... ..."""'''"........"'~."........,.._.._-~'''~.,..''....-.--¥,,-'"'''". _".... _""~_"_'",,,"_^Q'_;""_"""'___~ _"..u."",'__~· BOO( 10a PAr.t 451 APRIL 14, 1987 through road. He stated that this road has been terminated and comes out on school property, adding that he investigated the area and there is a lot of trash being thrown out there and the vehicles are using the extension of Manatee road as it has been packed down, yet it is supposed to be inaccessible. Tape f8 Mr. Muenzer stated that they are following th~ County right-of-way and then heading south 800 yards through the school property to get to the club, adding that he contacted the Club and told them that the School Board was concerned with the liability of this property being used and creating a makeshift road that could be a question of title and legality at a later date. He stated that the School Board attor- ney, Mr. Siesky, was notified of what was happening and the Club was notified to contact Mr. Siesky in order to work out a lease or an arrangement to let them use this property to continue to reach their club. He stated that he is not objecting to the Club using the pro- perty, adding that they are objecting to someone cutting their pro- perty in half without telling them about it. He stated that they object to the fact that it is becoming a dumping ground and the School Board would be liable as tt is on their property. He stated that to the best of his knowledge no lease arrangement has been completed as of this date and he would ask that this matter be delayed until everything has been resolved. Public Services Administrator O'Donnell stated that he contacted Page 39 - - _. _......>..,---_... - .- - APRIL 14, 1987 the Model Aeronautics Club and told them to get in touch with the Scho~l District, adding that he has no objections to honoring the School Board's request. Commissioner Goodnight questioned if this is the same property that school children were arrested on for trespassing and questioned how anyone could be arrested for trespassing on County property? Deputy Chief Ray Barnett sated he does not know the circumstances behind this situation but would be glad to check into the matter. Commissioner Saunders moveð, seconded by Commissioner GOOðnight Anð carried unanimously, that the lease with the Collier Model Aeronautics Club be contimlet1 tor two weeks so that Staff can work out the problems that have been ðiscusseð. :Item '9D1 PUBLIC HEARING TO BE HELD REGARDING REFUND PROVISIONS OF ORDINANCE 86-66 (WATER AND SEWER SYSTEM DEVELOPMENT CHARGES) AND AFFECTED PROPERTY OWNERS TO BE NOTIFIED BY MAIL Utilities Administrator Crandall stated that this is in regards to 9 letters he received from residents on Isle of Capri requesting refunds of sewer system development charges that were paid prior to enactment of Ordinance 86-66. He stated that these fees were collected from all people within the water and sewer district and upon passage of the ordinance, fees can only be collected from people that will receive service per the Master Plan within 10 years, which is December 31, 1997. He noted that the people that have requested refunds do not fall within that planning period and have stated that r,OOK lOa~~r;! 452 Page 40 .....___._..,.....__ '_···_._..._...'....__~....,.,_"";,.._'·_~'r"...·.......""~__..~",,,._,,,Q.,',..~ !OOK 103 fJ.,r.!: 453 APRIL 14, 1987 they did not have an opportunity to come before the Board to request a refund because they were winter residents and did not receive adequate notice of the 90-day time period to request that refund according to the Ordinance. He stated that he is asking for direction as to how to handle the 9 residents and any future ones that could come into play. Assistant County Attorney Anderson stated that what he needs is direction from the Board as to whether the homeowners should be told that they received ~mple notice or whether the County Attorney's office should draft an amendment to the ordinance and advertise it and bring it back to the Board. He stated that if the ordinance is to be amended, he would like direction as to whether there should be an additional 90 days for people to come in and apply or whether there should be a blanket policy that people can apply for a refund and not put a time limit on it. In answer to Commissioner Hasse, Mr. Anderson stated that in the Act that has been sent to the Legislature for the County Water-Sewer District, he inserted a requirement that the County give notice by mail to people of their eligibility for a refund and after the notice is mailed, then they have 90 days to apply. He stated that under the current County ordinance, there is no requirement of individual notice to be sent. Commissioner Glass moved that Staff be directed to aðvertise for a public h8arinq to be h~lð to ðiscuss the refund provisions of Ordinance 86-66 with consideration being given to an additional ~O-day Page 41 - _. - - .- .. APRIL 14, 1987 period of time from the ðate of passinq of the ordinance arnenðment where applicable refunð requests woulð be honored and that all aftecteð property owners be notified by mail. Commissioner Pis tor stated that since there are no present plans for a sewer system in this area, the impact fees ßhould not be charged to begin with, and anyone that has been charged should receive a refund. The following people indicated that this fee was in compliance with the laws at the time and were in disagreement with regards to the notification in order to receive their refunds as a lot of people are winter residents and did not see this notice in the paper: Barbara Reed George Keller Fred Wohnus Mr. Crandall stated that he is not sure if the 90-day time limit is appropriate, adding that he would like to see some language that would allow for applicable refunds at anytime as long as it is brought before the Board and certain Griteria is met. Assistant County Attorney Anderson stated that he feels that a reasonable time limit needs to be established. He stated that the legislation that the Board approved has a 90-day time limit after notice is mailed. Commissioner Pis tor stated that his problem is that a lot of these people are part-time residents and if they have to appear to make application, it may not be worth their while to get this refund if ßUUJ: 103'~.lc,~ 45( Page 42 BDDK 103 PA<;r 4.55 APRIL 14, 1987 they have to purchase plane tickets. Assistant County Manager Dorrill stated that he does not think that it is being proposed that these people appear in person to get their money back. Mr. Crandall stated that he is proposing that they ask in writing for that refund and if they meet all the necessary criteria, then he would present it to the Board of County Commissioners and it would be considered. He stated that the current ordinance will not allow the Board to refund the money until an amendment is made to the ordinance. Mr. Dorrill stated that it has been recognized that rebates are in order under certain circumstances and Staff is endeavoring to get the money back for these people. Commissioner Saunðers aeconðed the motion anð upon call for the question, the motion carrieð unanimously. Mr. Anderson stated that if any of these people have written let- ters and are leaving tnwn in the next few weeks, they should give their summer address to the Utilities Administrator so that the check is mailed to the proper address. Item '9D2 EMERGENCY REPAIR SERVICES FOR MANHOLE AND SEWAGE GRAVITY LINE AT 111TH STREET AND VANDERBILT DRIVE BY SEABOARD PROBE, INC. - APPROVED Commissioner pistor moved, seconded by Commissioner Glass anð carrieð unanimously, that Seaboarð Probe, Inc. be authorized to make the necessary emergency repair to the manhole and sewage gravity ·line Page 43 - _. - '- ---"."""'~«I'."""" ~'___""',"'_""_~'h__"''''''__~_",-_,~,""",,_" 6DtJ. 1D3w,~ 457 APRIL 14, 1987 those dates occurs earlier, and the purpose of this was to give the Board an opportunity to review the status of the park operation and the completion of the Installations on site at some fixed point in the future. He stated that ~ term of August 31, 1987, or another fixed date as an alternative would provide flexibility to the County for a review purpose and would also make this agreement work cooperatively with the County's determination as to a concession agreement sometime in the future. Tape t9 Mr. Weigel stat¿d that on March 31, 1987, the Board of County Commissioners approved the extension of the interim concession agreement for 60 days which would allow that to run until May 31, 1987, adding that County staff has put out a request for proposal with a May 6, 1987, return date. He suggested that the Board consider amending this fourth amendment as previously approved with a fixed date. Commissioner Saunðers moved, seconðeð by Commissioner Glass anð carried unanimously, that the extension of the fourth amendment to the Beach Access Facilitied Agreement for Clam Pass Park be approved until August 3l, 1987, or when the water, sewer, and electrical utility hookups are completed whichever comes first. Page 4S - - - - .- .. APRIL 14, 1987 Item fl1AIU BUDGET AMENDMENTS 87-227 /230.r 87-232 - ADOPTED Commissioner Goodnight moved, secondeð by Commissioner Saunders and oarried unanimously, that Budget Amendments 87-227/230 and 87-232 be aðopted. Item IlIA3 BUDGET AMENDMENT RE80LUTION 87-028 - ADOPTED commissioner Gooðnight moved, secondeð by Commissioner Saunders and carrieð unanimously, that Buðget Amenðment Resolution 87-028 be adopteð. ðDDK 10ap~,,: 466 Page 46 .. ... .. APRIL 14, 1987 Item , llC2 BIDDING PROCESS WAIVED AND ETHERNET NETWORKING SYSTEM TO INTERCONNECT COMPUTER SYSTEMS IN THE AMOUNT OF $56,116.60 FOR CLERK OF COURTS, ADMINSTRATIVE SERVICES DIVISION, SUPERVISOR OF ELECTIONS AND OTHER RELATED AGENCIES - APPF.OVED Richard Laymon, Director of Management Information Systems for ClerK of Courts, stated that this is a request to purchase an Ethernet networking system to interconnect various computer systems, adding that Ethernet is a local area network, an information pipeline that interconnects large computers to each other as well as to micro com- puters and terminal equipmen~ such as videos and printers. He stated that it allows for resource and data sharing at extremely high speeds; 1.2 million charact~rs of computer information per second. He stated that the vendor, Digital Equipment Corporation, has been in the net- working business over 25 years and has the largest installed base of networking customers in the industry. He noted that this system also allows for the future growth in the number of terminals, number of shareable computers and the types of services that can be implemented such as office automation which includes electronic mail, word pro- cessing, electronic spreadsheet and calendar management. He stated that this procurement should be considered as a major positive step in the direction of compar.ibility among various computers and up-to- date information systems architecture which lays the foundation for automated responses to the problems that accompany growth. He stated that this technology has received the endorsement of both staff and ðDDK 10J"r:.Q 468 Page 47 !ODK 103 PAr,[ 469 APRIL 14, 1987 management. He noted that Digital Equipment Corporation has granted a 16% discount even on the sole source items that are not on the State Contract, adding that the vast majority of the components of this pro- ject are on the State Contract. He stated that this project can be paid for with already budgeted funds by deferring other less essential equipment procurements until next year. He stated that the Clerk's office an~ the County Manager's office feels that this issue is something that is highly desirable, adding that compatibility is the direction that he is heading toward. Commissioner Pis tor questioned if the Commission can spend this much money without going to bid, to which Assistant County Manager Dorrill stated that the Commission is not required to bid anything, adding that his advice is to recognize the sole source nature of this and incorporate that into the motion. Clerk Giles staled that most of the items listed here have already been bid by the State and are available under State Contract so they have been indirectly bid, but not directly bid by the County. Commissioner Saunðers moved, secondeð by Commissioner Glass and carrieð unanimously, that the Ethernet Networking system from Digital Equipment Corporation in the amount of $s6,ll6.60 be approved and the bidding process be wai?ed. Item U1C3 PRESENTATION OF COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR FISCAI. YEAR 1985-86 - TO BE PRESENTED AT 2:00 P.M. APRIL 2l, 1987 Finance Director Yonkosky stated that this item will be postponed until 2:00 P.M., April 21, 1987, at the request of Commissioner Hasse. Page 48 - _. .. ...".,"'..'_"""'M.....'."."""'"""_"."..,.~,. _____._...;_."'.._"'._...., -""-_"~-"" - .- ~ APRIL 14, 1987 ~~~~~ Recess: 2:45 P.M. - Reconveneð: 2:55 P.M. ~~~~~ :Item '12A COUNTY ATTORNEY TO PREPARE DRAFT ORDINANCE OF COUNTY MANAGER ORDINANCE AND DRING BACK TO BCC IN ONE WEEK Commissioner Hasse read a memo with regards to changes in the County Manager's ordinance, indicating that Item 3 should be deleted which states that any contract with a County Manager should be valid for a term of not more than two years with renewal of the contract being possible by a simple majority vote. Commissioner Glass stated that he agrees with this, adding that it would be sufficient lo have control with a majority vote. He stated that this would eliminate the need for Item 3 because if someone was not serving at the Commission's pleasure, there is a remedy. Commissioner Hasse stated that it would be his suggestion that the memos be turned over to the County Attorney and let him draft an ordi- nance incorporating the ideas as outlined in the memos. County Attorney Cuyler stated that he can draft an ordinance and bring it back for discussion. He stated that with regards to "just cause" there is an iszue whether this should be defined in the ordi- nance or in the contract. Commissioner Saund',rs stated that it is his opinion when one gets into the issue of "cause", there are problems and a County Manager Ordinance that provides for a simply majority vote of the entire Commission to hire and to fire with or without cause is sufficient. Page 49 &ODK .103 PA~t -470 BaOK loa Pltr -471 APRIL 14, 1987 He stated that he feels that the idea of IS "cooling-off period" and contractual provisions providing severance pay should be sufficient and there should be no mention of "cause" in that situation, in his opinion. He stated that the other aspect of the ordinance that he would like to see changed is to repeal in its entirety Section 5, which deals with the procedure for amending the Ordinance, adding that this should stil] be a simple majority vote of the Commission to amend any ordinance. Commissioner Pis tor stated that if those changes are made, then every Tuesday he could make a motion to dismiss the manager and wait until he gets the proper atmosphere so that three Commissioners vote to dismiss the manager. He stated that with a simple majority, three Commissioners could change the ordinance to instant dismissal without cause. Commissioner Hasse stated that this is what is trying to be avoided, adding that it is going to be more palatable for the County Manager and also IS reasonable amount of control for the Commission. County Attorney Cu~ler scated that as the ordinance reads now it takes a 4/5ths vote to amend the Ordinance. Commissioner Saunders stated that in order to amend the ordinance, there needs to be a motion directing the County Attorney to amend the ordinance and the proposed amendments are being outlined at this time. Commissioner Goodnight stated that she has no problem with changing the County Manager's ordinance to IS three to two vote for Page 50 - _. - ~_. """,...~,.._._",._."",,",,~,-,.. ,."".",..__..,....,'"~-,.."........"~,",.~,-- t',._...__~."' .,.-,--.-- - ... .. APRIL 14, 1987 dismissing the County Manager, adding that in many instances previous boards have tied hands of other boards in trying to do the best thing. She stated that she has a problem with a two or three week cooling-off period, adding that it has ~~en the custom of Collier County that the past three County Manager's have been fired shortly after a new board has taken over. She stated tha~ a two or three week period is not enough time to decide if thp.y want to dismiss the County Manager and she would recommend that it be a 60 day cooling-off period. She stated that the County Manager's contract states that there is a 60 day time limit that he has to give the Board if he resigns and, there- fore, the Commission should be consistent and give the Managel:O days notice. She stated that she has a problem with Section 5 and feels that it should remain with a 4/Sths vote because the County Manager's ordinance does inform the public and the County Commissioners how the County Manager can be fired and hired but it also sets down the rules of how the County Manager is to operate with this County. She stated that this County Manager's ordinance was first passed in 1980 and since that time, it has been changed five times with a 4/Sths vote, which is not hindering the changing of the ordinance. She stated that the County Manager Ordinance should state what he is suppose to do and what his duties are so that the County Commissioners cannot interfere with the duties of the County Manager unless there is a 4/5ths vote. Commissioner Saunders stated that he does not have any problems with keeping Section 5 the way it is, adding that his objective is Page 51 BDOJ; 103'PJ.'.! 472 '_........"..,."";_.......,_.~""-,.,',-~,-- BOOK 103 PAGt 473 APRIL 14, 1987 that there should be a more simple procedure for dismissing the Manager. He stated that with the direction that has been given the County Attorney could draft a proposed amendment, adding that the issue is going to be whether it will be a two week cooling-off period or a 50-day cooling-off period, which can be decided at the time that the ordinance is voted on. County Attorney Cuyler stated that he has a draft ordinance that he can attach to a resolution and bring it back before the Board next week. Commissioner Glass stated that he does not have a problem with Section 5 retaining a 4/Sths vote, but he does want a simple 3/Sths vote to dismiss the County Manager. Mr. George Keller, President of Collier COllnty Civic Federation, stated that when the ordinance i8 changed it should require a 4/5ths vote. He stated that he is against any type of ordinance that would guarantee a County Manoger six months pay if he is dismissed. Commissioner Glass stated that this would come under the contract negotiations and has nothing to do with the ordinance. Mrs. Charlotte Westman, representing the League of Women Voters, stated that she would suggest that no action be taken on this matter until there is a draft ordinance available for the public to look at. She stated that she feels that it is important for a candidate who is successful in obtaining the job to receive at least a 4/5th approval of the Commission, adding that the ordinance should be addressing" the Page 52 - _. - · APRIL 14, 1987 hiring process as well as the firing process. She stated that Section 5 should also remain in the Ordinance. County Attorney Cuyler stðted that he has been working on a draft ordinance and hðs it 95% completed, but needs direction on a couple of items. He stated that with what has tðken place this dðte, he will bring the draft ordinance back next week for formal action. Item U2B REQUEST FOR TRUST MONIES IN THE AMOUNT OF $lOO,OOO EACH FOR THE GOLDEN GATE FIRE CONTROL DISTRICT AND THE BIG CORKSCREW FIRE CONTROL DISTRICT _ APPROVED AND COUNTY ATTORNEY TO PREPARE THE NECESSARY AGREEMENTS AND BRING SAME BACK TO THE BCC County Attorney Cuyler stated that he had a meeting with the fire districts that are r~questing funds, adding that Golden Gate Fire Control District is .requesting $100,000 and Big Corkscrew Fire Control District is requesting $100,000. He stated that there is $200,000 available for allocation of the fire districts and $30,000 would be left in the fund and an initial $5,000 set aside for title insurance and other costs. He reported that he does not have a specific recom- mendation, adding that one of the requests is for the Golden Gate Fire District to use $100,000 for construction of a fire statior. which is clearly within the parameters of the 1983 agreement with regard to the use. He indicated that Big Corkscrew Fire District is also requesting $100,000 to be spent toward the purchase of a new fire pumper truck, adding that he is fairly certain that this is also within the parame- ters of the 1903 agreement. He stated that he contacted Avatar and r,onK 103 ~~.r 474 Page 53 &ODK 103 PAGt4 75 APRIL 14, 1987 they have indicated that they do not think that there will be any problem, but he would not want to make any distribution of funds for that purpose, subject to an ultimate sign-off by Avatar. He stated that whatever the Board determines should be distributed will be laid out in contract documents that he will prepare. Tape '10 Ms. Carroll, Real Property Management Director, stated that she supports each request and she is in the process of entering into negotiations for awarding agreements which will be brought back for execution. She stated that the monitoring of the disbursement of the funds will be through the Finance Department and the Finance Director, who will determine the best way to disburse funds. Commissioner Hasse questioned what type of build~ ~g will be built, to which County Attorney Cuyler stated that he has been shown the construction plans with regards to the type of building and the layout. Commissioner Hasse stated that with regards to the Corkscrew Fire District, there was so~e discussion as to where the fire station should be as there are two different locations that they could use. Assistant County Manager Dorrill stated that when the Board became concerned about the fires in the Estates, the Board purchased with County funds a five acre parcel on Randall Blvd. and offered that to the Big Corkscrew Fire District and the Division of Forestry. He stated that leases were executed for both parties and the lease was Page 54 "-~,,,,,,,,,,,-,,,,,.,,...,,,,",,...-,..,,.,,;, ."..,.".'".,""....._-..,.. - ... .. APRIL 14, 1987 consummated with the Division of Forestry and a tower has been erected. He noted that the Big Corkscrew Fire District was offered another piece of property adjacent to County Road 846 and while they have not developed that piece of property, they are in the process of obtaining a provisional use on that piece of property to build a fire station at that location. He stated that something that the Commission mðy like for Staff to address further with the Big Corkscrew Fire District is to see if there could be a joint use of the County-owned property along Randall Blvd. He stated that based on what he has heard, he would think that the Commission would want some assurance that there would, in fact, be fire stations built and manned and operated in return for the contribution of money. He stated that this can be addressed when the County Attorney's office prepares the actual contracts. He noted that there could be provisions put on the proper and appropriate use of the money when the County Attorney brings back an agreement. County Attorney Cuyler stated that he intends to make sure that the property is always used for this purpose as well as taking care of the issues that Assistant County Manager Dorrill mentioned. He noted that the Big Corkscrew Fire District has indicated that they are willing to use the money to construct a facility, but they have a tax levy and they are waiting on an answer from their attorney as to whether or not the funds can be used to buy a truck instead of build a facility. He stated that if the money from the tax levy can be used Page 55 eOOK 103·pÂ.;t476 &m 103 W,t 4. 77 APRIL 14, 1987 to buy a truck, then they are more than willing to use the money donated by the County to build a facility, but if they can only use the tax levy money to build a facility, then their request would be for the purchase of a fire pumper truck. He stated that he checked with Avatar regarding tne purchase of a fire truck and they have indi- cated that they have no objection. Mr. Richard Braun stated that the Big Corkscrew Fire District is building on the 2-1/2 acres on the corner of Randall because the County owns the five acres of property where the fire tower is. He noted that the Fire District was going to be able to use 2-1/2 acres of the five acre tract, but last election the property owners voted an additional one mill of tax tQ build a fire station. He stated that the tax receipts lag in so much time, provisions were made to borrow the money to build the fire station but in order to borrow the money, they have to own the property and it must be in their name. He said that due to the fact that the County owns the property, the Fire District could not get a mortgage on it, and there is a dire need for this station. Commissioner Glass moved, seoonðed by Commissioner pistor and carrieð unanimously, that a $100,000 donation for the Golden Gate Fire Control District anð a $100,000 ðonation for the Big Corkscrew Fire Control District be approveð anð that the County Attorney prepare an appropriate agreement with each District separately and bring it back to the Board of County Commissioners for final approval. Page 56 - -. - - ... .. APRIL 14, 1987 Item U2C RESOLUTION 87-87 APPOINTING AND AUTHORIZING THE SHERIFF OF COLLIER COUNTY TO BE THE PROJECT DIRECTOR FOR THE ENHANCED UNIVERSAL EMERGENCY NUMBER SERVICE (E-911) WITHIN THE ESTABLISHED BOUNDARIES OF COLLIER COUNTY, FLORID~ - ~DOPTED County Attorney Cuyler stated that the issue that he needed to clear up last week has been clarified and he has no problem with the approval of this matter. Commissioner pis tor moveð, seconðed by commissioner Glass anð carried unanimously, that Resolution 87-87 appointing anð authorizing the Sheriff of Collier County to be the project director for the Enhanceð Universal Emergency Number Service (E-91l) within the establisheð bounðaries of Collier County, Floriða, be aðopted. Page 57 ðOD~ lOa PAr.! -478 ~DK 103 p~~t 481 APRIL 14, 1987 Item '12D RESOLUTION 87-88 FORMALLY REPEALING PREVIOUS BOARD POLICY DECLARATIONS ON ADVISORY BOARDS AND COMMITTEES - ADOPTED Administrative Assistant to the Board Israelson stated that when Ordinance 86-41 was adopted that established the standards for the creation and review of the County boards and their appointments, there was not a section indicating repeal of all previous policies which created some confusion. She stated that to eliminate any further con- fusion between the old policies and the present ordinance, it is requested that the Board adopt a resolution formally repealing all previous board policy declarations. commissioner Pistor movcð, seoonðeð by Commissioner Gooðnight and carrieð unanimously, that Resolution 87-88 formally repealing previous boarð policy ðeclarations on aðvisory boarðs anð committees be aðopted. - - - Page 58 - .- - APRIL 14, 1987 Item tl2E VACANCY ON WATER MANAGEMENT ADVISORY BOARD - TO BE READVERTISED Administrativ~ Assistant to the Board Israelson stated that a resign~tion was received from Ronnie May on March 4, 1987, and a press rclease was issued to announce a vacancy on the Water Management Advisory Board. She stated that a resume was received from Dr. Greg Brooks and Staff and the Water Management Advisory Board feel that Dr. Brooks is qualifip.d to serve. She stated that she is requesting that he be appointed to the WMAB. Commissioner Pis tor stated that this is one of three rather impor- tant boards with respect ~o the land use operation in the County and he feels that it is unfortunate that there was only one applicant for the position, adding that action should be delayed and this position should be readvertised. Commissioner Pistor moved, seconded by Commissioner GOoðniqht anð carried unanimously, that this matter be postponed until it can be reaðvertiseð and adðitional applicants obtained. Commissioner Saunders stated that in addition to readvertising, the seven resumes submitted in response to press releases for posi- tions on the WMAB that Mr. May refers to in his letter should be checked into to determine if these people are still interested. Item '12F THREE WAY STOP SIGN TO BE INSTALLED AT LOGAN AND GREEN BLVDS. Commissioner Hasse stated that he has been repeatedly asked to have stop signs put up at Green Blvd. and Logan Blvd. intersection as Page .59 &ODK 10a PAGt 488 '··'_"'~__,....i"_~'"""_'''"''___· .. u ~ ...u .___"',__,,.,,...'-"....".,, ~OOK 103 pm 489 APRIL 14, 1987 there have been near misses and it is very difficult to get onto Green Blvd. from Logan Blvd. He stated that it could be put up for the time being and when Pine Ridge Road Extension goes through to C.R. 951, it would not be needed. Public Works Administrator Archibald stated that he has not had a chance to undertake a study at that intersection to determine if stop signs are needed, but he could do that and bring it back to the Board. Ms. Lee Layne stated that she has no objection to the stop sign but arterial street lights are also needed at that intersection. Commissioner Hasse stated that Assistant County Manager Dorrill could investigate that matter. Commissioner Glass moved, seconded by Commissioner Gooðnight anð oarrieð unanimously, that a three-way stop sign be installeð at Logan anð Green Boulevards. :Item tl2G STAFF DIRECTED TO REPORT BACK TO THE BCC ON MAY 19, 1987, WITH VARIOUS ALTERNATIVES FOR ACQUISITION AND APPRAISALS FOR LELY BAREFOOT BEACH Commissioner Hasse stated that he has a letter from Richard Klaas that indicates Mr. Zenn will extend the time of his contract on the Le1y Barefoot Beach property to May 25, 1987, in order for the County to have an opportunity to look at the property and to find out what the State is going to do. Commissioner Glass stated that he feels that it is imperative that the County obtain control of the beach and the State has indicated Page 60 - _. - - - - APRIL 14, 1987 that it will be June or later before they do anything. He stated that the County needs to proceed with trying to obtain this property even if it has to be done on a long-term mortgage basis. He stated that there needs to be a mechanism to acquire this property no matter what. He noted that the State has indicated that if they decide to purchase this property, they could buy it from the County or if the County wants to own it, the State would not pursue the issue. Commissioner Pistor stated that he has had several conversations with people in Tallahassee and at the present time, there is only $900,000 left in the fund that is being used for this property, adding that they will know i~ June whether the Legislature approves a $25 million addition that they are requesting and then it will be July or August before the Cabinet takes any action on what to do. He stated that Barefoot Beach project is high on the list and it is possible that the County may get the $900,000. He stated that he agrees that the County needs to move ahead with the matter. Commissioner Hasse stated that he is appreciative of what Mr. Klaas has done and he is requesting that the Assistant County Manager speak with the people in Tallahassee to see if it would benefit the County in anyway if he and Mr. Dorrill went to Tallahassee. Commissioner Saunders stated that' he sent a memo to the County Attorney suggesting that various financing alternatives be looked into to see what can legally be done. He noted that staff should meet with Mr. Klaas and the Department of Natural Resources Director to see what f¡QO~ 103 PAGE 490 Page 61 'OaK 103 p~~t 4.91 APRIL 14, 1987 can be worked out. He indicated that by the end of May, the County is either going to have to buy the property with hopes of some reimbur- sement from the State or not buy it at all, adding that it is impor- tant to determine the best way to finance this property assuming that the entire tract would be purchased. He stated that Mr. Dorrill should also travel to Tallahassee to see what he can work out in terms of commitments from the State. Mr. Klaas, representing Lely Development, stated that he has until May 25, 1987, to accept the offer from Mr. Zenn, adding that it does not have to be purchased by then, but he must have a contract from the County by that time or he will have to accept Mr. Zenn's offer. Commissioner Saunders moved, seconðed by Commissioner Glass and carried unanimously, that Staff be ðirected to come back on May 19, 1987, with a report on the various alternatives for acquisition of the Lely Barefoot Beach property which may inolude ad valorem taxes, bond issue supported by a revenue, a bank note, financing through Lely Development Corporation or whatever alternatives are available; giving an outline of the cost of each alternative; that Mr. Dorrill anð the Chairman meet with people in Tallahassee to see what arrangements can be workeð out for possible state participation; and that the Assistant County Manager retain the two necessary appraisals that are requireð unðer Floriða law using the list of approved appraisal firms. Tape '11 Clerk Giles stated that another alternative would be installment Page 62 - _. - .. ... .. APRIL 14, 1987 payments through a third party lender. Commissioner Goodnight stated thet she has a problem with this whole thing ðS the voters hðve turned this down and there ðre ð lot of other needs that should come first. Item U2H JIM GILES APPOINTED AS FAIR BOARD TREASURER Commissioner Pis tor stated that he feels that Mr. Dorrill should be nBmed as Fair Boðrd Treasurer ðnd Commissioner Hasse stated that he felt that Mr. Dorrill will be busy enough in the near future without this added duty. commissioner Saunders moved, seconded by Commissioner Glass and carried 4/1, (Commissioner pistor opposeð), that Clerk Jim Giles be appointed as Fair Board Treasurer. ***** commissioner Goodnight moved, seconded by Commissioner Glass anð carrieð unanimously, that the following items unðer the Consent Agenða be adopted anð/or approveð: ***** Item U4B2 ACQUISITION/PURCHASE OF A RAW WATER WELL EASEMENT FROM COLLIER COUNTY FROM THE LANDS TRANSFERRED FROM AVATAR PROPERTIES, INC. UNDER THE AGREEMENT DATED NOVEMBER ls, 1983, PHASE I LAND TRUST See Pag~ 1/ 9t - L.j. 9? Item '14B3 EXECUTION OF QUITCLAIM DEEDS TO RESOLVE TITLE PROBLEMS ON LANDS ERRONEOUSLY ACQUIRED FOR AUTO RANCH ROAD RIGHT-OF-WAY See Pages 49f -...5 d, ð Item tl4B4 RECORDATION WITH THE CLERK OF COURTS AN ACCESS EASEMENT FOR MAINTENANCE OF THE C.R. 31 CANAL &OD~ lOa P~G[ 492 Pðge 63 *'.iIIiIU'...L_""..._''''''.'..._·,"..>·_.....-~~"- BOOK 103PAGt493 APRIL 14, 1987 See Pages 5~ 1- SQl do Item '14C1 REQUEST FOR PROPOSALS FROM ARCHITECTURAL FIRMS FOR THE DESIGN OF A PERMANENT EAST NAPLES BRANCH LIBRARY AND TRANSFER OF $40,000 FROM FUND 301 TO FUND 307 Item '14D1 ACCEPTANCE OF WATER AND SEWER FACILITIES CONSTRUCTED TO SERVE THE WYNDEMERE GOLF COTTAGES PHASE II See O.R. Book 1261, Pages 2016-2031 Item '14D2 ACCEPTANCE OF UTILITY EASEMENT AND AFFIDAVIT FOR ACQUISITION OF LELY ESTATES SEWER SYSTEM See O.R. Book 1261, Pages 1978-1985 Item 114D3 ACCEPTANCE OF WATER AND SEWER FACILITIES FOR COUNTRYSIDE AT BERKSHIRE LAKES, PHASE I AND TRACT 3 See O.R. Book 1261, Pages 1986-2015 Item tl4Gl CERTIFICATES OF CORRECTION TO THE TAX ROLL AS PRESENTED BY PROPERTY APPRAISER'S OFFICE 1984 TAX ROLL 262 4/1/87 1985 TAX ROLL 235 4/1/87 1986 TAX ROLL 166 171/172 4/1/87 . 3/27-/3/30/87 1986 TANGIBtE PERSONAL PROPERTY . Page 64 - .. _. ._""_...,_..."-";-,,",~"~,,,,,,,~,.....,", ., Bm 103mt4.95 APRIL 14, 1987 received a letter from the Naples Chamber of Commerce about their legislative day in May and asking the Commissioners to attend. She stated that there are three Commissioners that are going to be in Tallahassee in April and this meeting is also on a Tuesday but she feels that one of the Commissioners that are not attending the meeting in Tallahassee in April should attend this meeting. Commissioner Goodnight stated that in a letter that was received from the State Association President, she suggested that a Commissioner from each County should be ln Tallahassee during the legislative hcarings to lobby, adding that there are several things that will benefit Collier County and she would like the Commission to think about this. There being no further business for the Good of the County, the meeting was adjourned by Order of the Chair - Time: 3:55 P.M. . BOARD OF COUNTY COMMISSIONERS/ BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL ~~~~? ~~~!~~ ¡;~ttÆ~,.CLERK .~'./ . ' (',,' ~~.::-~. ~.' .'~______'. /Î ~ð'·~"Þ·~~(----/~~ tY.c... ~,·;ih~~~ minè-'es approved by the Board on ~d .5__,/ ?/7' as pres,er¡,t.eé:Í:''''------· or as corrected Page 66 - _. -