Loading...
BCC Minutes 03/25/1986 R ......__....--~,"';,.;;''''--_...._-,-- I': r;, \ ~''; " t Ii' ,,,') 092,A',! 603 ItERYOR see - REOULAR MARCH 25. 1986 ..... eo..issioner Goodniqht absent as reflected by 4/0 vote ..... Item . 1. Aqenda - Approved with chanqesl (4/0) a Addition re statement by County Attorney prior to proclallations. b Item l2C A~dod by COmll Pistor re statement on County Attorney. c Item 6C4 re a.endin~ Ordinance 76 6 The $ubdivision Regulations Continued by Staff until 4/15/A6 2 Minutes of March 4 and 11 19A6 Approved (4/0) 4A 3. County Attorney ßurt Saundprs gives resi~nation _ to be discussed under Ite. l2C. 4. Proclamation dp.sianatinq AprilS. 19A6 as "Immokalee 5A Harvest Fcstival Day" Adopted (4/0) 5. Proclamation desianatinq the month of April 19A6. as 58 "Fair Housinq Month" Adopted (4/0) 6. Proclamation designatina th~ month of Aøril. 19B6. as 5C "Pets are Wonderful Month" . Adopted (4/0) 7. Ordinance 86-12 re Petition R-ß5·29C. Hole. Montes' 681 Assoc Inc representinq Centennial Group II Naples rezoninq fro.. PUO (Trail Orive··Ih) C-3 and RMF 6 to PUD to be known as Days Inn between 110th ~ Illth Ave N Adopted with a.end.ent of parking requirements. (4/0) Ordinanc. 86-13 re Petition 7.0 86 4C Community Devclopment Div. r~ an amendment to ðrdinance A2-2 (Zoning Ord.) by adding Section 9 II to provide for polling places in cOllmunity buildings to be used by the Supervisor of Elections - Adopted (4/0) 8 692 9. Petition SNR-86-lC. 9ill Godette. rep. Quail Creek 6CI Development. re street name change from Valewood Dr to Quail Creek Dr. in Quail Creek Development _ No Action. (2/2. Co..is.ioners Hass. and Holland oppos.d) 10. Resolution 86-50 re Petition SNR-R6 2C. Bill Godette. 6C2 rep Quail Creek Development. re street name change from Foxtail Path to Silver FOx Dr. ·within Quail Creek [)evelopment - Adopted (4/0) I ',."" ;.' J'. i:. ... ;,.. , Paae" ~ J ;(.:-:ö~ ~ f ' ~ '.. ! (~ ~ . - - - 3 - - _. II. Resolution 86-51 r. Petition SFR-86-4C. Mobile Home 6C3 COllmunity Inc r. street nam. change from Joseph D. Testa Blvd. to Pal. Raven ßlvd. located at entrance to Naples Estates Mobile Rome Park Adopted (4/0) 12. Resolution 86-52 approvinq an agreement for the Clam 9AI Pass Dune Revegetation project and contracts between the State of Florida and Collier County and Environllental Services Unlimited and Collier County Adopted. (4/0) 13. Staff directed to seet 3 mitigation agree.ent with 9A2 Robart Hovland Michael M~tusiak and Boris Matusiat in the amount of $750 for unpermitted tree re~oval. (4/0) 14. Contract with Office Furniture and Design Center for 9Bl Steelcase office furnishinqs for Public Worts Dept.- Approved (4/0) 15. BCC to pass a Mandatory Refuse COllection Ordinance if 9B2 the approved a.ended agreement with Batson. Jones. Bennett " Co. and the approved agree.ent with Associated Utility Services Inc. to provide a ~olið W~ste Rate Analysis deells that it is reasonable to proceed Approved (4/0) 16. Bid for spray irrigation effluent trans.ission main. 9Dl Sewer Area -A" (Imperial Golf Courses) awarded to ~rrow Utility Rystells. Inc. in amount of $689.357.50 - Approved (4/0) 17 Buðqet allendment for $25 725 to pay Karon Morrison 9D2 " Savikas to allow for ðdditional payment in defense of lawsuits brought by East Naples Water System _ Approved (4/0) 18. aesolution HHS 86-2 re sewaqe collection portion of 9D3 proposed Marco Phase Ir Sewer Improvements - Adopted. Resolution HHS-86-3 re treated sewage effluent distri- bution system for landscape irrigation - Adopted. Resolution HHS-86-4 and MKS 86-5 setting ~pril 15 1986 as date of public hearings re confirmation of Resolutions K(S 86 2 and ~s 86 3 - Adopted (4/0) 19. Agreement for reimbursement to t~e ~veloper of La 904 Peninsula for County's portion of parnllel construction Approved. Budget amendment from Reserves from Capital Outlay to Improvements General - Authorized. Reimburse.. ment to Barclay's Capri Point Partnership for water main construction costs not to exceed $90 000 Authorized (4/0) 20; 1986 87 BUdget Policy and Budget Book forllat ,... Adopted 9EI 'Budget amend.ents fot carry forward reserve..- Aathorized (4/0) ~ :,,' ¡.¡,j'~;} <Jt.j '" í .¡ \' j} . ,.. '.1 t', J JOaK 092 FA'.! 604 Page 2 ... .-,...-.-.....-,...,;,.",.,.. .'.~,..,.........,-'"_.....__.._-- ""-"-,--,,,",,;..,,,.;,,.-,,.",,,",,<,",,,_.,..~.- I ,..z. '* 092tt¿605 ~. .. f í 'I 21. Construction aqree..nt with Kraft Construction for the 9E2 completion of the 8th Fl. Bld9" "F" Approved (4/0) 22. Financial Advisor Dave Fischer to look at refunðino all 9E3 current bond issues and report back to the BCe Mr. Fischer to be asked if he will handle nIl current and future issues and if not. then use Southeastern Approved. (4/0) 23 R.solution 86-53 approving the defense and reservation lOA of riqhts aqreement between the County and Western World Insur^nce CO. for East Naples Hater ~ystems Inc. litiqation and authorizin9 Chairman to execute said . agreement - Adopted (4/0) 24. Routine Bills - Approved for Pay.ent. llA 25. Budget ~mendments ~6 201/202 A6 204/20R Adopted (4/0) liD 26. Ralph partinqton appointed to the ~~lden Gate 12A COØlmmunity Center Mvisory Committee .. Approved (4/0) 27. Discussion re Election expenditures Coat Recovery - No 128 Action Taken. 28. County Attorney Saunders resignation effective as of l2C 4/25/86, but Mr. Saunders to continue as consultant until said date at present salary with all benefits and Assistant County Attorney Cuyler appointed as County Attorney in place of Mr. Saunders. (4/0) 29. Resolution 86-54 a.ending the legal description of four precincts - Adopted (4/0) ..... The following ite.. were adopted and/or approved under the Consent Aqenda by a 4/0 vote with the deletion of Ite. 14B4 re the interlocal agreement with Everglades City: ..... 30. Contract for median landscaping improvements on two islands on South Barfield Drivw Marco Island _ Awarded to Stahlman' Stahlman, Inc. in the amount of $15,719. 1481 31 Bid '86-948 Awarded to Bentley Electric Co. in amount 14B2 of $10.328 for electrical installation for Marco Island Median irriqation 32. Bid '86-949 - Awarded to GTECO !ntcrprises in amount of 14B3 . $61,088.75 for median curb on South Barfield Dr, Marco Island. 11 ; . /.. v. ¡ (~',{"J) ,') ~ J. 'l.J. j l-! : ¡ , t·, '~ ,; , \~" ,;'1: I·, ii),!.;.", ¡ ~ - . , ,,:'.q " Page 3 - - ... l3A J \; I "'c-:¡ " "', J;ØI( 092w~ 607 Tape t1 It.. t1 AGERDA APROVED WI'l'H CHARGES March 25, 1986 eo..i..ion.r Voss moved, seconded by eoa.i.sioner Hasse and carried 4/0, that the ag.n4a be approved with the following changest a. Addition re statellent by County Attorney prior to proclamations. b. Item l2C - Added by Comm. Pi.tor re statement on COunty Attorney. c. Item 6C4 re amen~ing Ordinance 76-6, the Subdivision Regulations - continued by Staff until 4/15/86. Ite. 12 MII.ft71"ES OP MARCH 4 ABD MARCH 11, 1986 - APPROVED AS PUSDTED eo..issioner Voss 8OVed, .l'conded by C~is.ioner Ha... and carried 4/0, that th. .inutes of March 4 and March 11, 1986, be approved a. present.d. It.. t3 ATTORIfEY BURT SAtnrDERS GIVES RESIGlfATIOII - TO BE DISCUSSED WDER 12C County Attorney Saunders read a letter indicating that effective April 25, 1986, he would resign. He expressed thanks to the Citizens of Collier County for the support that he has received over the past four years. He noted that he would strongly recollmend t~at the Soard select Mr. Kenneth Cuyler as the new County Attorney upon his resignation, adding that Hr. Cuyler has performed exceedingly well in his capacity as Assistant COunty Attorney and should make the transition very smoothly. Re stated that he would remain available to assist the new County Attorney in the assumption of his duties. He stated that at the conclusion of the Soard meeting he will have a further announcement concerning hi. future plans in Collier County. Because of many of the lawsuits that are pending, Mr. Saunders said that he feels that it will be neceesary for him to serve another 30 days to resolve them or transfer them to Mr. Cuyler. Commissioner Holland stated that he thinks it could be handled under the discussion that Commissioner pistor has requested under Item 12C and action could be tak.n at that time. This was the gen.ral consensus. .f : r ~ , . Page 2 - - - -'~-"",,,-.-,,,,",-,-....-,,,,,,, f":,',: '" _''''_'._~'''''''''~_"",-''''_"''P,~.,- _ '_"''''_04'......·.~_·.-.....-.-.._..~___~,._,___. ,,~.~ "-",~~..",...,,".... '-';"."""'''~'''''''~ ,......_"""," """"'''''''''-'~,""....""~...,^,~...".~.",.,,,.. ._....~.,..,....",."".,,~--~ ---"--,~""~,~,..".",,,...._,,..,,-,,,."~-,,,-,"--- ~._---- - .. .. .. r"':"'\ >~~, /::~"" ; ~'! 't:''"i-~. '. , ~·.<':.:~::)i.;· ~!:.. ~-;..:,. ;'"...t: ... I. ;1'; It.. 'f' ~((.~ / .J f- March 25, 1986 oJ,.; P1tOCI.AMA'f%OII DZSIG1IA'l'I.O '1'BZ MO!I'1'R OP APRIL, 1986, AS "PZ'1'S AU IIODWõN'UIt MORTH" - ADOP'1'ZÐ Uþon reaðinq of th. proclamation, eo..issioner Voss ~ed, .ec0n4ed by Coa.i.sioner Basse and carried 4/0, that the proclamation ðe.iqnatinq the IIOftth of April, 1986, a. ·P.ts are Wonderfal Month" be edopted. . ,< r ¡ !ØO« 092 f:~r: 612 Page 5 (-)'1'" u; I ! I ' ~ 4.. . .,¡. t " -----.."",......"-".,~."'.."".,....,......- ...,,~...---- -""_l1li - - - I I . March 25, 1986 It.. t7 ORDIRARC! 86-12 RE PETITIoø R-85-29C, HOLE, MORTES , ASSOC.. IBe. REPRES!1fTIIIO CEl!:TEIIlfIAL GROUP II - IIAPLI!:S, RE REZORIIIO PROM POD (TRAIL DRIVE-IN) C-3 ARD RMP-6 TO POD TO BE 1QI0Wlf AS DAYS INI.'f, BE'1'WEP.:II 1l0T8 ARD l11TH AVE. N. - ADOPTED WITH AMn'DK!1fT or PAMINO REQUIREMBllTS. Legal notice having been published in the Naples Daily News on January 31, 1986. as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition R-85-29C, filed by Hole. Montes' Associates, Inc., representing Centennial Group II, Naples, requesting a rezone from PUD (Trail Drive-In), C-3 and RMF-6 to PUD to be known as Days Inn, for a motel with a .aximu~ number of ISO rooms with retail shops and a restaurant, for property located between 110th Avenue North and 111th Avenue North, approximately 370 feet west of 05-41 in Section 28, Township 48 South, Range 25 East, containing approximately 5.77 acreø, as being described on zoninq map 48-25-8. Planner McKim noted that lands to the north across lllth Avenue North are zoned A-2 and C-3. lands to the east are zoned C-3, and across 05-41 to the east, lands are zon~d A-2: lands to the south are zoned RMF-6 and C-3: and lands to the west are zoned RMF-6. She indicated that lands to the north are undeveloped: to the east is a bank and across US-41, lands are undeveloped, adding that lands to the south and west are single family residences mixed with an occasional duplex. She reported t~at the subject property is zoned C-3 and the current PUD allows commercial/industrial uses. She noted that the PUD, as proposed, limits the co.mercial uses and the hotel and restaurant are less intense than the existing use and, therefore, should be more compatible with the existing residential neighborhood to the south and west. She noted that in addition, mitigation measures such as buffering, landscaping, turn lanes, etc., make the proposed plan lIore compatib1. than the existing land uses. She stated that Staff and all appropriate County agencies reviewed this petition and recommended approval subject to amendment of the PUD document per Staff report dated February 13, 1986. She indicated that the CCPC held their public hearing February 20, 1986, and unanimously recommended forwarding Petition R-85-29C to the Board with a recommendation of approval subject to staff's stipulations with the additional stipulations that the term "apartment" be deleted from the PUD document: that the location of the bikepath/sidewalk be subject to review and approval by the County Engineer: that the width of the easement (if required) be aoo« 092w·!614 Page 6 . , , .._____''''·....k',.-'. ~.,"~""""" .,.. "'W'- ".'" m; 092"';.615 subject to review and approval by to the SUbdivision Regulations be Plat application, that tracts and belowl Tract A principal uses - Restaurant, shops, personal services, offices, financial institutions. March 25, 1986 the COunty Engineerr that exceptions reque.ted at the tiMe of Waiver of their use. be designated as indicated accessory uses - Typical accessory uses to the above principal uses. Tract B principal uses - Hotel/Hotel acceslory ules - restaurant, shops, personal services, lIeeting rooms, etc.r and that prior to the Board hearing, the County shall receive letters fro. all owners of the subject property designating Centennial Group II - Naples as their agent in this rezoning procedure. She noted that at the cepe hearing. no one spoke for or against this petition, but one letter of opposition was received objecting to the encroachment of commercial zoning into a residential area. She reported that the recomMendation is for approval subject to CCPC's recommendations which have all been incorporated into the PUD. She noted that the only lIinor change that still needs to be corrected refers to Page 8, Item G, of the PUD document, noting that it should read "restaurants" instead of eating and drinking establish.ents. Mr. George øerllAnaon of HOle, Montes' Associates, representing the Petitioner, stated that the project ha. been well explain.d by Planner McKim. He noted that the restaurant will be on the eastern portion of the property behind Naples Federal Savings , Loan bank and the rellAining portion of the tract will be the motel. He stated that the entire western boundary will be buffered and there will be no access provided between the development and the residential area to the west and south. Re noted that he has received approvals from all advisory boards. Øe noted that there is an agreement between the owners of the property and the people that are operating on the property at this time to continue their operation until the end of May. Collmissioner Voss stated that there are two or three motels south of this site along US-4l and there is a motel at the west end of lllth Avenue North and questioned what sort of affect this development will hav. on thoses businesses, to which Mr. HerllAnson replied that a market study was IlAde to deter.ine feasibility of the area, but he does not know how it will affect the businesses that are already in operation. I ~ '. ,"'f Page 7 " L' - - - '--"~---'""";"'"''''--'-'"'-''' 1._____"'.." .~..~ __....._'"~__......__ " ~ ."'.."...""'.,-........_",...,.._....._.... ,'"4 - - - March 25, 1986 Commissioner VOSS stated that tho traffic on US-41 during the season is very heavy and questioned if this development will cowplicate this already existing problem, to which Mr. Hermanson stated that the traffic analysis indicates that the peak traffic caused by this type of develo~ent would be less than the peak traffic caused by the current operation. Mr. Hermanson stated that there are improvements that the developer will be required to .ake on lllth Avenue North which will have to be approved by the County !ngine.ring Department. Commissioner Pistor questioned if there would be any access from this developement onto US-41, to which Mr. Herllanson replied negatively, adding that the only two accesses that are allowed are located on Illth Avenue NOrth. Commissioner HOlland stated that 601 of the parking is to be paved and 40\ is not paved and questioned Why this is to be done this way, to which Mr. Hermanson stated that this would only be perllitted if the restaurant is built and is clearly a part of the aotel operation or in conjúnction with the motel. He stat.d that if this is not a restaurant the full parking requirellent. would be provided. He stated that the parking spaces will have to be provided, but the Zoninq Director will make the final decision and he may require that all spaces be paved. In answer to Commissioner Voss, Mr. Hermanson stated that the testing lab would be eli.inated as well as the access fro. there. Commissioner Pistor questioned if the necessary fire requirements have been met, to which Mr. Hermanson stated that there ar. a number of stipulations requiring adequate fire protection and the Developer has agreed to make a voluntary contribution to the North Naples Fire District based on their requested impact fees for commercial developments. Mr. Mike Z.walk, representing the North Napl.. Civic A.sociation, stated that he is in favor of this development as it will be .omething clean for the gateway area in the northern end of the County. He stated that this motel is needed. Commissioner Holland questioned what precautions have been taken regarding the drainage, to which Mr. Hermanson stated that the drainage has been designed according to the 3-day 2S-year storm, which is the SFWMD requirement. He stated that the County Engineering Department has approved it administratively, subject to the final design approval. He stated that it has the standard drainage design criteria built into aDD( 092f:r-! 616 Page 8 .....", ,"if. ..' å. 002,.,.£617 kr;ch 25, 1986 it. Co~.issioner Holland stated that there has been a lot of flooding in that area when there has been heavy rainfall and he questions if this has been adequately addressed. Mr. Rerllanson stated that the entire site will have to be filled to a certain extent, adding that the building lies within the Federally required flood plain elevation of 11', adding that he is very lIIuch aware of what the drainage requirements will have to be and it will be designed and constructed as such. Commissioner Holland stated that he would like to see the full lOOt requirellents regarding the parking included in this petition. Hr. Rerllanson stated that this would be acceptable to his client, adding that they will meet the parking requirellents lOOt. Attorney Dudley Goodlette, representing the Petitioner, stated that Staff has recommended approval of this petition and they accolI~ated the staff in all their requestø. He stated that if anyone has a problem with the petition, they would ask for a delay as it requires a 4/Sths vote and COmlllissioner Goodnight is not present this date. eo..issioner Bolland lIOVed, secondl'ð by eo..isaion.r Baa.e and carried 4/0, that the public hearing be clos.d. eo..ission.r Hollan4 lIOVed, ..con4ed by eo..ission.r Basse an4 carried 4/0, that th. Ordinanc. as naábered and .ntitl.d below be adopt.d and entered into Ordinanc. Book Bo. 23 with 100' of th. parkinq r.quire..nts being .et and Petitioner'. Agr....nt acc.pted. ORDIBABCI: 86-12 AB ORDINABCI: AMEIIDI.a ORDIBABCI: 82-2 '1'BE COMPRZHElrSIVB ZORI.a RZGtlLATIORS FOR THE tBIBCORPORAnD ARZA 01' COLLIER COtJRTY, l'LORIDA BY AHZRDIBa THE ZORINa ATLAS MAP lftJHBER 4S-25-8 BY CHARGING THE ZORIBa CLASSII'IeATIOB 01' THE BEREIB DESCRIBED REAL PROPERTY PROM POD, C-3 ABD RHl'-6 '1'0 "POD" PJ.ASRED WIT DEVELOPMENT, IœOWB AS DAYS In, FOR A HOTEL WITH A MAXIMUM sumZR OF 150 ROOMS WITH RETAIL SHOPS ABD A RESTAORAlIIT, FOR PROPERTY LOCAnD BETWEn llOTH AVENUE RORTH ABD !lITH AVENUE BORTH, APPROXIMATELY 370 FEET WES'l' OF US-4l IN SECTION 28, TOMWSHIP 48 SOOTH, RARGE 25 EAS'l', 5.77t ACRES, AND PROVIDIRG AB El'PECTIVB DAn. , , , " ~ f: ,,,; .....:;¡ ;..1 ,.~ ~ . "I r; ¡ (,'.j ,'),. . "t.íj('. 0'., ,.' ¡ .í.~... ;.; r . , , ".:"'" ." <'"'I ',) ..11 {~¡¡ f~' íiI ¡;: ":'i., ..;..; J f J;"; A ".: ~] f . 1 t- .. - I If, '. Page 9 - - - ._'''....'".''''',..._.>-''''-_.--"..,.~.._"....-..,......''''''--..,_..... .~_."..."--.,_.,j-,,....""'_.- - ". " , _··,_-_",..,,,..v.-.,""...","'........."".. "~"__'.-,..._,""'''''''~"'~,.....-_.,,'"._,~,'_.,...'''''' . ~..;._...._--__,___~ "'I ............_-_._''''.....'''..,'".~,.,...._... / .. - .. March 25, 1986 It.. t9 PETI'1'IOR SlfR-86-1C, BILL GODE'1'TE, REP. QUAIL CREEK DEVELOPMÐI'1', RB STREET RAME CHARGE FROM VALEWOOD DRIVZ '1'0 QUAIL CREEK DRIVZ I1f QUAIL eREEK DEVELOPMElrT - RO AC'l'IOII Legal notice having been published in the Naples Daily News on March 9, 1986, a. evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to con.ider Petition SNR-86-1C, filed by Bill Godette, repre.enting Quail Creek Developllent, requesting a street name change fro. Valewood Drive to Ouail Creek Drive which runs north and south through the Ouail Cree~ Development and intersecting with I~DOkalee Road. Zoning/Planning Director Pet trow stated that Valewood Drive is the lIain artery into Quail Cree~ and it would reflect the project in a ~ore prestigious ~anner, adding that there are no streets presently using this na~e or similar .ounding names. He stated that there are 27 lots along this street as well as the Quail Creek Count.ry Club. He stated that the original petition had 20 signatures on it for the name change, adding that he noted some di.crepancies on the petition and he has received letters in oppo.itton. He stated that he contacted the applicants' representative and they resubmitted another petition on March 18, 1986. showing 19 lot owners in favor and 9 against it, which would make it greater than 501 plus one, which i. the requirement to change a street name. He stated that Staff has no objection and, therefore, recommends approval. Atty. Dan Peek, representing the homeowners that are opposed, .tated that the developer originally had the opportunity to select the name of the street and he selected the name Valewood Drive and it is now established. He stated that there is no significant change in conditions or circumstances which would warrant a further chanqe to - that name. He noted that the developer has no real interest in the name change a. the developer no longer owns any lot. on the road. He stated that 11 of the 16 people that live on the road oppose the name change. He noted that the name change will not add to or detract from the prestige of the OUail Creek development. He stated that the people that live there feel that it would confuse matters and it will require numerous changes in addre...s. He stated that some of the people that are on his petition signed the original petition and then changed their mind after they talked it over with their neighbors and got a better understanding of what they were being a5ked to do. He presented a letter from Mrs. Frandsen requesting that her name be witdrawn from the a~ 092 n'r 620 Page 11 -"--'-- "~-"'''---"''- "",.",...,.~...._-~-""",,. lOOK 092nr.r621 March 25, 1986 original petition as Ihe is opposed to the name change. Mr. Warren Frandsen of 12856 Valewood Drive stated that he secured the signatures directly from the homeowners that are against the name change. He reported that this would involve a lot of changes for the residents and there is not a real need to have the name changed. He stated that it does not have to be changed for prestige as CUail Creek is the DOst preltigious club in town, well known, and membership is fully sold out. "Mr. Jack Harper, President of Ouail Cree~ COuntry Club, stated that the entire members of the Soard of Directors approved to make the attempt to change the name of the street, adding that they feel that Quail Creek Country Club will be there forever and the street starts at Imllokalee Road and end. at Quail Creek Country elub and it would be common senle to call the street Quail Creek Drive. He stated that there are 9 homeowners that are against it, 8 of them have homes, I does not, and there are 11 that are for it, that have hOlIes, and the balance are the people that have loti and are all for it. Re stated that the total figure comes up to 9 against and 19 for changing the name. He stated that he feels that it would be advantageous to have the change. Hr. Frandsen stated that the .e.bet. of the SOard of Directors of the OUail Creek Country Club do not live on Valewood Drive and therefore, they should not be considereð. He stated that people that have lots with "Por Sale" signs on thell are not intending to live on the street and it makes no difference to them Whether the street na.e il changed or not. ea..i.sionl'r Vos. lIOYed. sl'conded by ea..is.ionl'r Rolland and carried 4/0. that the public hearing be closed. Co..issioner Voss stated that if this street naMe is going to be chang~ now is the time to change it inltead of waiting until the street is completely occupied. ea..issioner Voss lIOYed. seconded by eoa.i.sioner Bas.e that Petition SNR-86-1C. changing the street na.. of Valewood Drive to Quail Creek Driv. in Quail Creek Development be approvl'd. Co..issioner Holland questioned if it takes a 4/5ths vote to change the name of a street, to Which County Attorney Saunders stated that the SOard passed a resolution that requires a 4/Sth vote. Hr. Harper stated that he represents the majority of the homeowner. as well as the lot owners and there is a total of 19 that Page 12 ì, - .. - .. .-......-----,.,-.."'^....."...., .-....---"-"..~......... ..,,~,....~..,_.,,-_... .... ........- -.~"". ...._;.''"'.~".'.-.'.''''-'''''';--,.- . _._-~,.....__..,.,.,,,--- ,_··,_.....r- _..._...,~.._..~..~"~-- ..,~._", -.._»_._..",._,_."_.,,~.~. IDn 092m.t649 Ite. U 3 STAn' DIRECTED TO SEE { A MITIGATION AGREEMENT WITH ROBERT HOVLAND, MICHAEL MATUSIAJI:. AND BORIS MATUSIAJI: IN THE AMOO1ilT 01" $750 FOR VRPERHITTED TREE REMOVAL March 25, 1986 Dr. Proffitt stated that County Ordinance 75-21 protects native trees of Collier County and requires a permit for the removal of these trees except for single family residences, bona fide agricultural practices and other exempted practices. He stated that the permit process and Ordinance 75-21 allows the staff to wor~ with land developers to save as lIuch of the native vegetation as possible for setback zones, green belts, and buffers. He stated that the perllit process has begun to wor~ well, adding that in November letters were sent out to developers explaining the process. He noted that in the last 3 months, 35 permits have been issued and previously, there had only been 14 permits issued. Re noted that when the land is cleared without applying for a permit, all chance of wor~ing with the developer is lost and consequently, the Natural Resources Management Department and the Zoning Enforcement Department are beginning to enforce the ordinance when violations are discovered. He stated that this particular case involved clearing about 1-1/2 acres of land zoned commercial at the corner of Pine Ridge Road and Edgewood Drive of an estimated 2,500 slash pine and associated trees. He stated that he is more interested in the tree preservation than in the litigation and after a series of discussions between the developers, the staff, and State and County Attorneys, an agreement has been reached that he is as~ing the Board to approve in concept this date. He stated that the de~eloper will plant 4,000 slash pine seedlings in a site designated by the County which will probably be one of the County par~ sites, and assume 62.5' survival of the seedlings. He noted that he is asking that the Chairman be authorized to enter into this agreement. He stated that the developer will have to pay about $32.50 for 1,000 seedlings and they will also have to pay for the labor involved in planting them. Commissioner Voss stated that the cost ~f labor to plant these seedlings is low and it does not seem like much of a penalty to him. Dr. Proffitt stated that it is not much of a penalty, but they have only cegun to enforce this ordinance and if there is repeated offenders, he will not go through this mitigation procedure. He noted that the contract has not been officially signed by the developer as Page 16 - - - '-' ¡; - - .. March 25, 1986 yet, adding that he has agreed to it, but there was a request by the County to put an insurance clause in the agreement that the developer had not seen. He stated that the insurance clause is liability so that if the developer goes into the park sites to do any work and injures themselves. they cannot sue the County. In answer to Commissioner Hasse, Dr. Proffitt stated that the trees were about 25 years old and were about 7 to 8" in diameter at breast height, adding that it was primarily standard slash pines. Commissioner Holland stated that if the trees are planted in one of the parks. there is going to have to be someone there from the County to supervise the planting, and he thinks that it would be a better idea for the Developer to dor.ate some mon__y. Commissioner Pistor questioned where there would be space to plant 4,000 slash pines, to Which Dr. Proffitt stated that the trees do not have to be at the same site, noting that SOme of the trees could be planted at interchanges, COrkscrew Sanctuary, etc. County Manager Lusk questioned if the developer would have been able to cut the trees down if he had applied for a permit? Dr. Proffitt stated that the developer would have been able to cut the trees down with the exception of saving some for the setback areas or buffer zones. County Attorney Saunders stated that the ordinance provides for a penalty of up to $500 per acre so the Board could impose a fine of up to $1000. County Manager Lusk stated that he would rather have the developer pay the money to the County so that the County could plant the trees that are needed. COllmissioner Pistor stated that he would like to request $5,000 from the developer. County Manager Lusk stated that the developer is not going to be willing to settle for $5,000 and would probably be willing to go to court on the matter. Mrs. Charlotte Westman, representing the League of Women Voters, questioned if any of the trees would have been red flagged, to which Dr. Proffitt stated that they would have tried to preserve the buffer area around the building site. Mrs. Westman stated that a twenty-five year old tree cannot be replaced with a two year seedling. She stated that it appears that more teeth are needed in the ordinance, as the ordinance is not any 'OOK 092 v)r,r 650 Page 17 --,_..._"._..."".......,.,"".....~",".,..,"'-."., ,.~,,'«-_.~"',~...~;>------ áDG~ 092 ,¡r·r 651 deterrent to a developer and it doe. of the County. County Attorney Saunders prosecution through the State cannot i~pose a fine. Commissioner Pistor March 25, 1986 not prótect the valuabl. resources stated that the ordinance provides for Attorney's office, adding that the Board to which County Attorney negotiate an agree~ent. eo..issioner Voss lIOYeð, seconded carried 4/0, that Staff be dir.cted to the d.velopers in the allOUnt of $750. Collllislioner Voss stated that he would like to see Staff strengthen the ordinance 10 that developers cannot cut the trees down. Dr. Proffitt stated that he has a new vegetation ordinance that is in draft form that will be considerably stronger. It.. 114 questioned if an agreell.nt can be negotiated, Saunders stated that the Board can attempt to by Coamission.r Holland and s..k a lIitiqation agr.e..nt with CORTRAC'1' WITH OnICE FtJRRITtJRZ AIm DESIGR CZRTZR FOR STEELCASE Ol'!'ICE FURØISBIRaS FOR PUBLIC WOJUæ DEPT. - APPROVED Facilities Manager Skip Camp stated that on Pebruary 18, 1986, the Board authorized staff to standardize its purchases of open office furniture and to receive bids for Steelcase products. He stated that on March 7, 1986, the ~Jrchasing Department certified that Office Furniture and Design Center of Naples and Ft. Myers were the lowest bidders for these products. He stated that the legal staff has made lome ~inor recommendations to the contract which DOstly has to do with form, adding that Staff recommendation is that the Chairman be authorized to execute an agree.ent for Steelcase furnishings and co~patible wall partitionl after the County Attorney's recomm.n~ations have been incorporated into the contract. eo..issioner Hasse questioned if the constitutional officers are going to utilize this furniture, to which Mr. Camp replied affirmatively, County Manager LUlk stated that the constitutional officers cannot b. forced to buy a certain brand of furnitur., adding that this contract il for any furniture under th~ eounty Manager and the Board and constitutional officers may purchas. Steelcase furniture if they wish. co..issioner Voss lIOYed, second.d by eo..issioner Hasse and carri.d 4/0, that th. contract with Offic. Furniture and Design C.nt.r Page Ie - - - 11 "'. '_""""""","".,..~.__"",.,.""..",.";""_,_.",,,.,,,,,..;",,,_~,,,__"_"___"~'_'"'_~ - - .. for Steelcas. offic. NO'l'!:. Contract 3/31/86. March 25, furnishinq. be approved. not rec.ived in office of 19A6 elerk of th. Board aa of It.. U5 BOARD TO PASC A MASDATORY REFUSE COLLECTIOB ORDUJA1IrCE IP THE APPROVED AMENDED AGREEMENT WITH BATSOR, JOB1!:S, BERRET'r AND CO., A1IrD THE APPROVED AGREEMENT WITH ASSOCIATED U'l'ILI'l'Y SERVICES, INC. TO PROVIDE A SOLID WASTE RATE ANALYSIS DEEMS THAT IT IS REASOBABLE TO PROCUD - APPROVED Assistant County ~anager Dorrill stated that this is a clarifica- tion item based on the two workshops that the Board held to receive input relatinq to the Mandatory Collection Ordinance. He stated that there are two distinct and different issues if the County is going to consider a mandatory collection ordinance. He stated that it is a rather complex piece of legislation that involves three distinct policy issues which are describing and defininq the districts and the type of service that will be required within the Districts, a very careful definition of the varicus elements of service, residential, co..ercial, or industrial that will be regulated and subject to mandatory collection, and the method of collection and the enforcement and penalties associated with this. He stated that separate and apart from this, in the event that the ordinance passes, is the issue involving a renegotiated franchise series of agreements for rate adjust.ent. He stated that it would seem p~e.atur. to the Staff to get into a rate analysis with the three existing franchise haulers in advanCe of a final decision as to whether or not the Board wants to become involved with mandatory collection. Tape '4 Assistant County Manager Dorrill stated that the rate analysis will cost over $20,000 and it would be premature to do that and establish rates in advance of that policy related to manðatory collection itself. He noted that staff received proposals to dO both the consulting work related to the preparation of the diatricts, the means and methods of collection and the type of service involved and also, in the event that this passes, to enter into a full rat. analysis for those three franchise haulers. He reported that the Solid Waste Department, based on past experience, is requesting that in the event that the County gets into a full rate analysis that the firm of Associated Utility Services from New Jersey be used again. He stated that there is minor ordinance work to be done and the Board has directed that Staff return on June 10, 1986, with the proposed io~ 092 n'~ 652 Page 19 '_...._......_''''...,..._'''"--,.--,.~;.~..,~._--- ~_.._=---~.""_... "i,Þ""-...""...._..--......~_'".,~"_..,..,_._~""~"",.....-,..~.,.~,~."_.,~...... ~-.~ 092'.'1.653 March 25, 1986 ordinance for adoption and at that ti.e, Staff will have done some prelillinary work to determine what the fees might be for residential, commerical, and industrial. He stated that if this passes at that time, then the County would be involved with a full rate analysis. He stated that his rec~mendation is that in the event the ordinance passes, that he has ready a negotiated contract with Associated Utility Services in the amount of $20,100 to do the rate analysis work and that the firm of Batson, Jones, Bennett' eo. assist the County with the lIandatory work in an amount not to exceed $5,000. Commissioner Pistor stated that the previous meetings were not considered workshops, but during those lIeetings there were discussions as to how this o~dinanc. could be passed if it was not known what it was going to cost and this was one of the principal thing. that was discussed. He stated that it has been indicated a long time ago, that the Board would go ahead with the idea of mandatory collection. Assistant County Manager Dorrill stated that until the Board has lIade a firm decision whether or not to go with mandatory coll~ction, there is not much sense in preparing a full rate analysts. He stated that if the Board wants Staff to begin the rate analysis work as though there were mandatory collection involved, this can be done, but it is gOlng to cost $20-25,000. County Manager Lusk stated that spending the $25,000 would be well worth it. eo..issionl'r Voss lIOYed, seconded by eo..ission.r HOiland, that th. Board int.nds to pas. the mandatory r.tus. coll.ction ordinanc. aft.r they have rec.ived a rat. analysi., it it is 4....4 reasonable to proceed with it. COMmissioner Holland stated that he has no problem with supporting the concept of this lIotion, noting that in the final results he will not vote for mandatory collection if the rates are too high. Mr. John Cashell stated that there is competent staft that could come up with these answers instead of hiring consultants to do this. Assistant County Manager Dorrill stated that the Staff is not available to perform this level of work and this type of work is not required that frequently. Hr. Mike Zewalk stated that if everyo~Q is forced to have pickup that does not have it now, the rates should come down. He stated that some people are looking forward to a rate reduction and other people do not want mandatory collection. Page 20 - - - ,_..."'''--,..,''.....-"......'''._.......,.,~"...""....~.....'''.-------,---, - - .. March 2'). 19A6 Mr. George Keller stated that Yahl Brothers g~v_ him some figures over a year ago as to what it would cost to service people in the rural areas. COmmissioner Pistor stat~d that Yahl Brothers indicated that it would take a while to do an analysis and they would prefer that the County have someon~ else do it. County Manag~r Lusk stated that he received figures over a year ago from Yahl Brothers and he disagreed with those figures. Upon call for the question, th. motion carried 4/0. It.. 116 BID FOR SPRAY IRRIGATION EFFLUENT TRANSMISSION HAIN, SEWER AREA "A" (IMPERIAL GOLP COURSES) - AWARDED TO ARROW UTILITY SYSTEMS, INC. IN AMOUNT OP $689,357.50. Utilities Director of Engineering Madajewski st~ted that this is a recommendation to award the second phase of the spray irrigation projp.ct fro~ the Sewer Area "A" North Naples Sewage Treatment Plant to the Imperial Golf Courses. He stated that bids were received on February 19, 1986, adding that there were 10 firms bidding. He stated that the consultants reviewed and tabulated the bids. He stated that the difference between the lower bidder and the second bidder is about $2,600 and both of th~. are under the Engineers estimate. He stated that the Utilities Division is recommending that the bid be awarded to Arrow Utility Systems, Inc. of Ft. Myers in the amount of $6~9,357.50. He stated that Arrow is a qualified bidder and can do the work, has the resources and the ~rsonnel and is ready to qo forth with the job. He noted that the contract time liMit is 200 days and the contractor feels that he will be able to come in under that time. He noted that he feels that other golf courses in the area will be interested in the effluent in time. P.e stated that certain easements wp.re provided to the County which gr~atly a~sisted in the route of the pipeline, by Barron Collier Co~pany, Collier nevelopment Corporation, and Lloyd 5heehan. He stated that without the easements, the pipeline would have had to been extended another mile to get it to the golf course. Commissioner Holland questioned how much this will increase the capacity at the ~orth "aples plant, to which Hr. I-Iadajewski replied that it will allow the County to go to the full 2-1/2 million gallons per day capacity from the 1.9 million gallons Der day at this time. Commission.r Voss moved, seconded by eommissioner Holland and carried 4/0, that the contract for the spray irrigation effluent .o~ 092 r:'.! 654 Pa,:,e 21 .. ."". -.- ... aoolt 092wt655 Marc'n 25, l~86 trans.ission main, Sewer Area "A" (IlIperial Golf Cour.es) be awarded to Arrow Utility Syste.s, Inc. in th. amount of $689,357.50. Notes Docullent not received in offic. of Clerk of the Board as of March 31, 1986. It.. n 7 BUDGET AMENDMENT FOR $25,725 TO ItAROIII, MORRISO!f, " SAVIItAS TO ALLOtf FOR ADDITIONAL PAYMENT IN DEFENSE OF LAWSUITS BROUGHT BY EAST NAPLES WATER SYSTEM - APPROVED Utilities Administration Director Mohler stated that this is a request for a budget amendment to allow for pay"ent of addition~l outside attorney fees to Karon, Morrison" Savikas, adding that the total amount of the budget amendment is $25,72~. Commissioner Holland auestioned if this is the same suit that is referred to under the COunty ~ttorney's report, to which eounty Attorney Saunders replied affirllatively, adding that the Attorney's fees that are contained in this budget amendment, as well as the Attorney's fees that were contained in the budget amendment that was apcroved several weeks ago, are the suhject of the reservation of rights agreement between Collier County and Western World Insurance Co. He stated that this agreement basically provides that 70t of the fees will be reimbursed to Collier County by the insurance company. ~e noted that the County has already paid Karon, ~rrison " Savikas a certain amount of money and they will be paid the additional S25,725 and the County will continue to pay Karon, Morrison" Savikas directly and the insurance cOllpany will be billed for their share. County Manager Lusk stated that Utilities is paying the bill, but some of the lawsuits should be filtering into the General Fund. County Attorney ~aunders stated that the cases involve zoning issues as well as water and sewage and, therefore. the general fund should pay a portion of the attorney's fees. He noted that the litigation at this time is limited to the water and sewer issue. He stated that Mr. ~ohler and hillself could work out a percentage that the General Fund should pay. COunty Attorney Saunders stated that the insurance company has also agreed to pay 70\ of any damage awards, noting that the 30\ of the fees that are left over are still subject to litigation between the County and Western World. He stated that when the cIa ills were filed, the insurance company sent letters denying coverage on all the cases filed by East Naples Water Systems, Inc., adding that part of the basis Page 22 - - - .. .. .. ~arch 25, 1986 of d~nial was that thft lawsuit issu~ft were not covered under the policy. He stated that it is his opinion under Florida law that the insurance company had an obligation to defend, even if there was argument th~t they would not be responsible for ju~gements. He stated that he retained the law fir~ of Karon, Morrison, , Savi~as initially for the possibility of filing a declaratory judgement action against the insur~nce company because of his contention that they were incorrect in the denial of coverage. He stated th~t the law fir.'s represent~tion was then expðnded to include ~n actual defense of the civil rights cases. He stated that the insurance company finally agreed that they were responsible for at least a portion of the case., but they did so at a point in time that was late in the litiqation process and it would have prejudiced the County if they had obtained their own counsel, therefore, in effect, the COunty got the best of both worlds by getting payment of the counsel fees from the insurance company and being able to select the law firm that the County wanted to represent them. Co..issioner Voss lIOVed, seconded by Com.issioner Hass. and carried 4/0, that th. budget amendment for $25,725 to ~ron, Morris!on, , Savikas to allow for additional payment in def.nse of lawsuits brought by East Naples Water Syste.s, Inc. be approv.d. Ite. U8 RESOLU'l'ION HWS 86-2 RE SEWAGE COLLECTION PORTION OP PROPOSED MARCO PHASE II SEWER IMPROVEMENTS - ADOPTED. RESOLU'l'IOR MWS 86-3 RE TREATED SEWAGE EFFLUENT DISTRIBU'l'ION SYSTEM POR LANDSCAPE IRRIGATION - ADOPTED. RESOLU'l'ION MSW 86-4 , MWS 86-5 SETTING APR. 15, 1986, AS DATE OP PUBLIe REARINGS RE CONFIRMATION OF RESOLU'l'IONS MWS 86-2 , MWS 86-3 - ADOPTED Utilities Administrative Assistant ~cNees st~ted that the original resolutions th~t order the Marco Phase II sewer improve~ents contain outdated cost estimates and do not fully define the treated sewage effluent distribution system which the SOard added to the propose project. He stated that he is asking for the approval of 4 separate resolutions, adding that Resolution ~~S 86-2 rescinds the original resolutions and provide. an updated cost estimate for the proposed sewaqe collection and transmission systems, Resolution 86-3 fully defines the sewage effluent di.tributio~ system and provides an estimated cost of that and the last two resolutions set April 15, 1986, as public hearing dates as confirmation of the two pr.vious resolu- tions. Commissioner Voss lIOVed, second.d by eo..issioner Holland and aOOK 092 fAr.{ 656 Page 23 .. .. .. Harch 25, 19~6 'rape '5 Ite. t19 AGREEMENT FOR REIMBURSEMEN'1' '1'0 'l'RZ DEVELOPER OP LA PENINSULA FOR COUN'l'Y"S PORTION OP PARALLEL CORSTRUC'l'ION - APPROVED. BUDGET AMENDMEN'l' FROM RESERVES FROM CAPITAL OUTLAY TO IMPROVEMENTS GENERAL - AV'l'HORIZED. REIMBURSEMENT TO BARCLAY'S CAPRI POINT PARTNERSHIP FOR WATER MAIN CONSTRUC'l'ION COSTS NOT TO !XCEED $90,000 - AUTHORIZED Utilities E~~ineering Director ~ðëajewski statr-d that this is an agreement for reiMburse~ent for the construction of water distribution facilities on the Isle of Capri. He stated that the syste~ is wholly inadequate and has been planned through the capital improvements budget over the next several years to do something about it. He reported that since December, 1984. the County has been working with the developer of La Peninsula and he was infor~ed that the system could not support the water demands that the resi~ents would need. He stated that through negotiations, Staff has worked out an aqreellent with the developer where a parallel water main to the 6" "'ater main would be constructed from the water storage down to the La Peninsula project. He stated that the only change since the Executive Su~mary was written is that the design engineers of the developer has made the initial determination that the water main can 1:e put on the salle side of the street as the existing 6- line, which will leave the opposite side of the street open for some future date when it becomes feasible to sewer the island. He noted that attached to the agreement as an exhibit is a distribution of costs. which show a portion the County would pay and a portion the Developer would pay, adding that the costs are quite eouitable because the line that will be constructed will supply the build-out demands for the island. He stated that h. is asking that the Board approve the agreellent with a limit of S90,OOO as the County's proportionat~ payment on the project. Com.ilsion.r Holland moved, second.d by Comaission.r Hasse and carri.d 4/0, that the agr....nt for the r.iaburs...nt to the Develop.r of La P.ninsula for County'. portion of parall.l construction be approv.d, that the budg.t all.ndllent fro. R.serv.s fro. Capital Outlay to I.prove...nts General be authoriz.d, and that r.i.bur..II.nt to Barclay'. Capri Point Partnership for wat.r .ain construction costs not to .xceed $90,000 be authoriz.d. &OOK 092w.[ 680 Page 25 I", I .' . _______.."',_._...'_.._.,."',.._.,."~".,,"". ·~"''''O'~'·'''''_'·'"""><'·'''',",,,,~~,,,,,,·~·~,·,....____....___..._,~,~~""."" ( , t .. .. .. March 25, 1986 It.. 120 1986-87 BUDGET POLICY AND BUDGET BOOK FORMAT - ADOPTED. BUDGET AMENDMENTS FOR eARRY PORWARD RESERVES - AUTHORIZED Budget Director ZalKa stated that this is a three-part policy for 9uið~nce during the 19P6-p7 budget process. She stated that there has be~n a commitment made to the Capital Infrastructure with a pay-as-you-go capital program. She stated that t~is has also been done with two bond issu~s for Cla~ Pass Par~ and the new courthouse. Sh~ stated that commitments hav~ been made for phasing cost associated with ne~' Shp.riff's Deputies that have bp.en að1ed this year as well as new community parks. She stated that there are Federal and State IIðndates that will affect the County and will probably effect the Supervisor of El~ctions, the Clerk of the Courts and the Planning and Zoning Department. She stated that the infl~tion rate is low, insurance costs are leveling off and field costs are declining. She stated that in orðer to maintain a reasonable tax rat~ and still meet the challenges ahead, she recommends a three-part policy: one is to save money from this year to use next year as a carry forward mechanism. She stated that there are three ways to do this and she recommends that the County do all three: one is to encourage all agencies to turn back at least 2~ of this year's budget, ~hich is not unreasonable based on prior experience, two is to resist the temptation to spend the reserves for contingency during the curre~t year: and three, the carry forward fro. last year should be budoeted in a reserve for cash flow account that cannot be spent until next fiscal year. She stated that the second part of the policy would be to limit current service increases in next year's budget to five percent plus approved phase-in, and the third part would be to rank all the exoan1ed service reauests by each department, division and agency providing a ranKing in order to set priorities to meet the most ~ressing damands for growth. Çhe stated that she is recomllending that the Board adopt this policy and authorize the Budget Office to implement it throughout the budget process. Commissioner Pistor stated that he has been over this plan and he has talked with the constitutional officers, who ar. willing to take all of this into consideration when they prepare their budget. He stated that there are State mandates th~t are going to put a heavy demand on staff plans, adding that the Comprehensive Plan, the phasing in of the parKs. the reouest for forming a drug enforcement progra~ under the Sheriff's Department, and the David Lawrence Mental Health ~OOK 092 mt 686 paqe 26 ,~_",___"__""" ~,,,,·""'_"""""_""W_"__""'''''·P''·""·''''''_,,,"",'·'·'-~_."."",,_.......... lOOK 092 PA',! 699 It_ '22 . March 25, 1986 FINANCIAL ADVISOR DAVE FISCHER TO LOO { AT REP'URDING ALL CURRENT BOND ISSUES AND REPORT TO THE BOARD. MR. FISCHER TO BE MUD IF HE WILL HANDLE ALL eURRENT AND FUTURE I SSUES AND I F NOT, THEN USE SOUTHEASTERN. County Manager Lus~ stated that the market is down around 7\ for tax-fr~e bonds, addinq that he has always been taught to ~efun~ when there is a 2\ difference. He stated that with a 2\ difference, the cost of refunding can be paid and more money can be obtained or the debt service can be lowered. He stated that he feels the way the market is the financial advisor should look at all the bond issues and give some advice on possible refunding. Commissioner Voss qu~stioned why the County needs two financial advisors, to which County Manager Lusk stated that one advisor is for utilities and one is for the other bon~s. He stated that when all the bonds are analyzed it presents a problem. Commissioner Voss stated that Mr. Fischer has always been available when the County needed him and he would like to see him do all the bond issues. County Manager Lus~ stated that this is totally up to the Commission, addin9 that the contracts that are existing have a 30 day termination clause, County Attorney Saun~ers stated that if the Board decides to qo into the market because of the low interest rates, this is something that may have to be done very quickly and the Board may want to consider using both Mr. Fischer and Southeastern for this one purpose in order to expedite matters. Commissioner Holland stated that he would like to see an offer f.om both of them and what there fees would be. Commissioner Voss stated that the tees would be the same as they both use the same fee structure. County Itanager Lusk stated that the way it is done now is irregardless who does the bond issue, the fee is split between the two companies. County Attorney Saunders stated that negotiating a contract with either firm will not be a problell. Co..issioner Voss DOvl'd, .econded by eo..is.ioner Holland and carried 4/0, that financial advisor Dave Fischer look at refunding all current bond issues an~ report back to the Board and that Mr. Fischer be asked if he will handle all current and future issues and if not, Page 28 - - - - .. ...,..",,.,,,_..._--~,,.,,......,",,,»......_-------,_"'"- --,-.,,--.... .,..,.,.._'......."',"_.;..,~--- BOOK 092w.r 713 March 25, lQR6 elections. He stated that if the Fe1eral Government passe. a bill that is before the~ at this ti~p. that all pollina ~laces havr. to close at the sa~e time throughout the Country, approxi~ately 4 hours will b~ added to the time that Collier County's polling places will have to remain open which will mean an additional 30' for runninq the cost of an election. He stated that at the pre~!nt time, Hrs. r~rgan has a bill for the Marco Island Taxpayers Association which is for translating the spanish on the ballot. He stated that Marco Islanð has exceeded the percentage of Spanish spea~ing required and, therefore, the elections have to be in both languages. Mr. George Keller stated that this election is going to be held the same time as the general election anð. therefore, there should not be a charge on this. He stated that if there are special elections requested by a specific area, then there is a reasonableness in Making a charge. He stated that as far as changing the polling times, Collier County should open up later if they have to stay open later. eommissioner Pistor stated that the laws require that the voting precints be open before people go to work and stay open after people get done work, and it will mean that 11100 p.r1, is when Collier County polling places will close according to Federal law. Mr. Ira Evans, resident of Marco Island, stated that the referendum for the incorporation of Marco Island is a reauirement of the Legislature and the bill which the Legislature presently has under consideration carries the same provision as it has previously and requires the local Bo~rd of County Commissioners to call an election at the next general election. He stated that he doubts if the Marco Island Taxpayers Association is going to honor any bills because they are not the petitioner for this legislation, adding that the people cannot petition the Legislature for legislation establishing a municipality. He stated that the bill has been filed with the Legislature and since it presently carries that provision, to modify it will only cause delay and confusion. ~~ stated that Marco Island has paid more than $100,000 in the support of the F.lections office and he would doubt that Marco Island has received that proportion of benefits in return, He stated that the cost of the elections should be absorbed by the General Fund one way or the other. He noted that a special election or any kind of a referendum cannot be held without the approval of the Board or the 5tate Legislature and if the questions are of sufficent consequence that there be an election, certainly everyone page 31 , ' - - . .."^__~,..·.."~,,,,.__,,~~..~~c._~~__~_ .. .. .. . . "f ¡ I I !-!arch 25, 19R6 should share in the cost, which means that it should be funded through the General Fund an~ the hU~g9t. He stated that he would encourage that any though of penalizing the right to vote be discarded. County Attorney Saunders stated that the opinion of the ~lections Commissioner and the language contained in the Election COde "a~e it clear that a private citizen or a private group cannot pay for an election in the State of Florida. He stated that the Fire District paid for an election because they are a public body, paying for an election they requested. Commissioner Pistor stated that according to Supervisor of Elections Morgan what she is requesting is covered under Section 125.01(7). Mr. Evans stated that section applies to special el~ctions, not general elections. He stated that the election will not take place until November which means that there will be adequate time to incorporate this amount into the 1986-87 budget. Commissioner Pistor stated that Mrs. Morgan has also asked that a spanish copy of the ~arco Island Charter be placed in the library. Mr. P.vans stated that this can be done and since the library is a County function and the Elections Office is a County function, it should be within the province of the County to do so. Commissioner !lasse stated that he does not see that there would be any charge as this election is taking place the same time as the general election in NoveMber. County Manager Lusk stated that the printing of the ballot in spanish will cost approximately $2,500. Commissioner Voss stated that he does not see how anyone could be charged, as there is no specific one person or group that could be charged. Commissioner Pistor stated that if the Commission does not want to do anything about it, there is no need for a vote. Commissioner Hasse stated that the ballot has to be printed and, therefore, he does not believe that anyone should b. charged an additional charge for it. Commissioner Pistor indicated that no action would be taken this date and they would look into it further. It.. .28 COUNTY ATTORNEY SAUNDERS RESIGNATIQR EFI'ECTlVE AS OF 4/25/86, ASSISTANT COUNTY ATTORNEY CUYLER APPOINTED AS COUNTY ATTORNEY Commissioner Pistor sta)id thll. t at the start of the meeting, 11r. BOOK uD2 F~~l 714 Page J 2 iii" (] '.;. " '.J ì I ~ . "' -~'''''';-'''''--''''''''.''"._' -.. "''''-'''~'''''''..'~'.'''-''~ .OU 092w.! 715 March 25, 1986 Saunders resigned effective April 25, 1986, and that Mr. Cuyler should be appointed as the County Attornp.y. Commissioner Hasse stated that it would be his suqgestion that Mr, Cuyler be Acting County Attorney for the tille being, and to h~ve Mr. Saunders continue until April 25, 1986, would be an asset in order to complete some work that he has started. Commissioner Voss stated that he h~s a problem with Mr. Saunders stayinq on until April 25, 1996, and canpaigning during that time. County Attorney Saunders stated that the qualifying date for a Commissioner is July and he has not qualified yet, but he has registered as intending to run. He stateð that he will not campaign while being employed for the County. He noted that there are a lot of items that he is inv~lved in. prillarily the Justice Center and the Solid Waste issue and if he left the County employ prior to April 25, 1986. it may create some problems. He stated that he would like to be able to t.y and resolve these matters prior to that date. He stated that he will carry out his duties as County Attorney faithfully on a full-tille basis until the last day of his employment. Commissioner Pistor stated that there are two decisions to make, one being the date to accept Hr. Saunders resignation and the other regarding the appointllent of ~r. Cuyler. He stated that Mr. Saunders' resignation could OCcur on April 25, 1986. but at the end of this week, he would become a consultant and stay on the staff until April 25. 1986. Commissioner Hasse stated that this seems like a reasonable answer and it is imperative that he continue on the cases that he is working on to ~ake a smooth transition. County Attorney Saunders questioned if this would still involve his being a County employee for insurance purposes and the change would be that Mr. Cuyler would be the Acting County Attorney? Commissioner Holland stated that he would like to impos. on Attorney Varnadoe for his opinion with regards to whether there could be a possibility of a conflict of interest with Mr. Saunders remaining on as County Attorney if he has reaistered to run for a County Commis3ion seat? Attorney George Varnadoe stated that there i. a possibility of a conflict but he would assume that Mr. Saunders would not involve himself in anything that he felt may be a conflict. He stated that the suggestion of Mr. Cuyler taking over as Acting County Attorney and Mr, Page 33 .. .. .. ......,-.-....,*""". ,.,,,,,....,---- -....._"'''''·,-_·'"''''_..._~--,____".......\I__·'''"."''""''''~..,_'''.''."~h'.,,"__"""'_.., ",..,,, .'."'''''-~~'''''...'--'''-~~ ""' - - - March 25, 1986 Saunders heing a County employee was a good one in order for Hr. Saun~ers to resolve some of the issues that he is currently working on. County Attorney Saunders stated that he has been on the local grievance committee of the Sar Association for the last three years and he is conscious of the potential of conflict that attorneys get into. fie stated that he would not be involved in any legal conflict and he is also very well aware of the moral conflicts that attorney. get involved in and he would make a very conscious effort to avoid that. Commissioner Voss stated that he does not see any sense in lIaking Mr. Cuyler Actinq Cou~ty ~ttorney as ~e has proven himself over the years, adding that he knows what the County is up against and he should sinply be made the County ~ttorney. Commissioner P.olland stated that salary needs to be discusseð in order to make a contract valid. Commissioner Voss stated that the salary and contract could be discussed and brought up next week. County Attorney Saunders stated that Mr. Cuyler would be very eager to assume the responsibility and he feels that he would do an excellent job. Commissioner Hasse BOYed, seconded by eo.missioner Voss and carried 4/0, that County Attorney Saunders resignation be effective as of April 25, 1986, but that Mr. Saunders continue as a consultant until said date at his present salary with all benefits and that Assistant County Attorney euyler be appointed County Attorney. Item .29 RESOLUTION 86-54 AHnDING LEGAL DESCRIPTIOR OP POUR PRECINCTS _ ADOPTED Commissioner Pistor stated that this is a recom~endation to adopt a resolution amendin~ the le~al description of four precincts, adding that the City of Naples annexed several small places in Precincts land 110 and it is necessary in order to keep the precinct lines and the district lines tooether that the legal descriptions be chançed. He state~ that there was also an error discovered in Precincts 209 and 209 that needs to be changed. Commissioner Voss IIOved, seconded by eo..issioner Hasse and carried 4/0, that R.solution 86-54 amending th. leqal description of four pr.cincts be adopted. t" aOOK 092 PAtl 716 Page 34 .,.'~J~:,} ,____,...,,,...·"'.'''''''...0'''. ",_...",. ~. '-"'~"""""_- - _...~,-".~......_-'''''-._,-"._'''',......,..,..> -.-, "',,_""-''''.'0-''_..--.".._,,,...,,._ -..------- ""IrA' ., ~Þ" _"'-,,,',,,'._'0 "--'~~"---'"'____"'_"""''''''''''_'_'''''O'_".''''''''"'''''''''''"__~''''''''"'""....,,,.. ~ ~ .. March 25, 1986 BID 186-943 AWARDED TO SADEZ . SONS, INC. IN AMOUNT OF $1,030.83 FOR MINI-BLINDS FOR MARCO ISLAND SHERIFF SUB-STATION Ite. 138 CERTIFICATES FOR CORRECTION TO THE TAX ROLL 1984 Tax Roll No. 239 (deletion) No. 240 (addition) Dated March 14, 1986 Dated March 14, 1986 1985 Tax Roll Nos. 161/166 Dated March 13/17, 1986 1985 Tangible Personal Propert~ Dated March 5, 1986 Dated March 11/19, 1986 1985-136 1985-140/149 Ite. .39 MISCELLANEOUS CORRESP05DESCZ - FILED AND/OR REFERRED There being no objection, the Chair directed that tho fOllowinq miscellaneous correspondence be filed and/or referred to the various departments as indicated below, 1. Letter dated 03/03/R6 froa Donald A. Pickworth of Asbell, Hains, Doyle. Pickworth, enclosing payment of impact fees, un~er protest, re Gallman Automobile Dealer- ship. Referred to Don Lusk and filed. 2. Letter dated 02/13/Q6 from Lawrence S. Monroe, Cable Vision In~u.tries, advising of the cor~rate reorganiza_ tion concerning the CATV system franchise beina .erged into Cablevision Industries, Inc. Referred to Don tusk, Burt Saunders and filed. 3. Letter received 03/13/86 from Tom Lewis, Jr., Dept. of Com~unity Affairs, forwarding a draft copy of the DCA's proposed schedule for submission of revised local govern- ment comorehensive plans and procedures for extensions, and notice of four workshops. Referred to Don Lusk, Pam Branoaccio, Vicki~ Mullins and filed. 4. Letter dated 03/Q7/B6 frOM Carla S. Stanford, Director, Dept. of eo.munity Affairs, advising of the conclusion of its second review and scoring of the application for the eOSG Program and advising that the application was not approv~d for funding. Referred to Pam Brangaccio, Vickie Mullins and filed. aOOK 092 PAGE 724 Page 36 ..-"'.-..-- -.¡-... .u, '..0_ ____~~·.,,'c,,"...'...._ ___""'_,,,_...~,,,,-.....,...o.,.",.~ ...._-_.-_._,,_..'.~ ,......~"',.._--"...._.._----,,"',""....."'-_.,.."....