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BCC Minutes 01/28/1986 R .. .. .. ~:')"I,,'\. F"lori,1a. ,r,nu'lry 2F, 1""'" LF'" TT PI" r.n1":r''1F.''FT. th:H th~ rotlr" of ~lJlJnty CommiFlsion'!rr, in ",w1 for t\," County of ColI i"e ,1n<1 ,,1BO ",ctina ,")" the Roard Gf lonina Apo0nls 2nd as t~e croyneninn bonrrlfs) of such sn~cinl ~istrlc's "s havp been created ~ccordina to law and havinn con~uct~d husiness hrrein. npt on this ,l,lt·! at C),or, A.". in REGULAR SESSION in 1uildina "P" rJf th<: Court:'ouse Co"'nlex, "·,st ·¡·1nles. I"lori~:¡, '-It, the fol Icwin'1 ~(>",h"rs rrt.?'S<~llt : Cµ~In~~~! John~. PlstlJr VIcr enl\ I ~:'M;: I\nn" Goo']n inl1 t Fre<'lf!ric% J. 'lor,s ~Ir'~ Hc1sse C. C. "Qed" ~ol:"n<'l 1\1.51) rpE:;r;FlI'!': ~.¡j Ilia", ,7, P"'ðr¡,")n. CIerI.:: ,1.1'T'<:'s e. Gile!'l. FiscI'Il Officer: :A"ur"en v'!nvon. :-eouty Cler':: "urt Si1IJn:lers, County I'Ittorney: f'ruce !,n:Jersor: 'nd r:'?n ruyler. ~B"i stant Ct'1'Jnty I'Ittorn'!:/s: fon LU!lk. COll:'1ty '1an"'1er: ':ei~ r0rrill. Assisti\nt County "anager: Pi'lm I'Jrangaccio. rcputy Assistðnt County ~ðn"aer: Vicl.:ie ~ullins. Community revelop~ent ^d"1inistra:cr: r,1yir: tJ~ttrow. Zoning/"lannino nirector: ^nn r'cKim. Pl"nr¡er; ['on norton, Public Services ^d",inistrator: ':'0"1 Crandall, [J t i 1 ì ~ ì e" ,~d ::1 i n i 5 t r .H '" r: T lJ '" ,,\ d:. Pu b 1 i c \ .'0 r I: S 1\d r'1 i n i 5 t rat 0 r; i ;a r :.: Thi..le. Pur(:'1asina rir-:>ct0r: ,rohn ~,,,tjaje',"<;I-:i. '1tilitic>s rirE'ctor of fnqin0erìn~: Nancy Isra~lson, ^drnlni<;tr:¡tivæ ~s<;istant to th~ "nard: ..,n,1 f'e;')uty Chief Pi!Y ~~rnett, <;heriff's ",~p"rt!"~nt. acoi Q92 r:', 01 Page 1 I I ~ i I I ¡ ¡ r I I I , I __'·"c._"""'~""'" .. .. .. January ?P" InA6 Tape .1 Item .1 AGENDA - APPROVED WITH THE FOLLOWING CHANGE Commissioner Voss moved, seconded by Commissioner Hasse and carried unanimously, that the agenda be approved with Item l3E regarding the status report on the court facilities, to be heard at 11:30 A.M. Item .2 MINUTES OF JANUARY 14, 1986 - APPROVED AS PRESENTED Commissioner Voss moved, seconded by Commissioner Goodnight and carried unanimously, that the minutes of January 14, 1986, b~ approved as presented. Item .3 EMPLOYEE SERVICE AWARDS - PRESENTED Commissioner Pistor present~d emplOYf!~ service awards to the followin~ people: Edward 5ny~er - l'Juilding repartment Frances B. Black - Library 15 years 5 y~ars Item .4 PETITIO~ V-8S-32, CIRCLE K CORPORATION - CONTINUED TO FEBRUARY 4, 1986 Commissioner Voss moved, seconded by Commissioner Hasse and carried unanimously, that Petition V-8S-32, Circle K Corporation, be continued until February 4, 1986, at the request of Staff, Item .5 RESOLUTION 86-9 RE PETITION PU-8S-23C, DONALD A. PICKWORTH, REPRE- SENTING GEORGE CARMICHAEL, REQUESTING PROVISIONAL USE "C" OF THE C-3 ZONING DISTRICT FOR A MOTION PICTURE THEATRE ON THE ~ORTHEAST SIDE OF U.S. 41, EAST OF NAPLES TOWN CENTER - ADOPTED SUBJECT TO STIPULATIONS. FINDING OF FACT ACCEPTED Planner Mc~im stated that the objective of this petiti~n is to obtain Provisionðl Use "CO of the C-3 ~oninq district for a motion picture theatre. She stated that lands to the north and south are zoned C-3: lands to the east are zoned 0: and lands to the west, across U.S. 41, are zon~d TTRVC and C-3. ~he indicated that to the south is a shoppinq center which has K-Mart, Super X, and Ponderosa Restaurant: to the e"st is " Golf course: to the south is vac"nt land: and to the west is a tròvel trailer oar~ and autOMobile service center. She noted that the subj~ct pr0perty is zoned C-3 which permits a variety of com~ercial BOO( (]~~rÂ~! (J.[J Page 2 I t I '~"""'-'-""",,,,,- ~co;: Q92w' 10 Januðry 2R, 1986 usee, Incluòing shopping c~nters, ~nd the reouested provisic~al use will permit a motion rictur~ thei'!tre to he loci\ted within the proposed shopping center on the subject property. She reported th~t Section 13 of >he Zoning Ordinance states th"t hefore the Planning Commission shnll recommend "pprovðl of any provision"l use it shall first det~rmi," that satisfactory provision and arrang~ment hûs heen made corcerni~g the general compli~nce with the Comprehensive Plan: ingress and egress to the property and proposed structures; the affect on nei?hhoring properties in relation to noise, glare, odor and economic effects; and the ge,eral compatihillty with adj"cent properties. She stated thût in r~1?ti0n to the is~ue of ingress and egress, ~~e site plans shows three points of acc~ss, one fire lane and two mi\j~r accesses to the shopping center. She stated that the numher ~f access P?ints are critical to the proper functlonin? of both the shopping center and U.S. 41 as too few C~ too many access roint~ Increase the risk of "ccirlents. 5~e indicated that the three accesses proposed seem aòeauate to meet the npeds of this shOpping center and, in addition, the parkinq arei'! will re connected to Naples To~:n Center, which has four access poir.ts on L'S-41 "nr] 0ne onto Glades Þ,lvrL She stated that Staff and all appropri~te Cou~ty agencies reviewed this petition and recommended approval subject to the stipulations outlined in the Executive Summary of 1/2PjRf which consist of the four stanrJnrd EAC s t i pu 1 a t ions, ~T:·1.1\!J' s s t<1 nd~ rd st Ipu la t ions i nc 1 ud I ng the SFH'-!I' regulations and four t~affic stipulations as well as the stipulation that all permits and site plan reviews shall be initiated at the aprropri"te time. <;hp noterl that the Utilities stipulations are 1I1so a part of the stipuletions. Sh~ st"ted that the CCP~ held their pUblic ¡¡caring on Ijl~/R6 and undni~ously recommended forwarding this petition to the P,oard for a~~rQval sub;ect to staff stipulations. She reported that one letter of oDposition was received concerned bright lights, trùffic and noise. an'] no on0 spoke fot or "gainst th.. p~tition I'It t~e public hearinq. She noted th'lt the Petitioner's ùgent, ~~r. Pickworth discussed the limitations of ",ccess to the subject property and the out parcel, but /1r. Pickworth did not siqn the a(1reement sheet, and therefore, the stipulations have been adðed to the resolution. She concluded hy stntinq that the recommen<'lùtion is for approval subject to CCPC's recommendðtion with Staff's addit:onal stipulations liS indicated above. CODmissioner Pistor Indicated that there have heen requests for Page 3 - - .. t ì ¡ I I ¡ I ! "'.........-.-, -.~ - - .. J"nuary /.R, l'1RI'; stop li'Jhts at tne '¡"ple!l Town., Center sno!:,pin" cpntt'r. I1c '1')Csti0neo1 if tnere are any provi!lions that would indicate that thc fire lane could not he us~~ as an access point by the qcneral public? Planner ~cYim .tatc~ that the fire lðn" will be open to (he general public as well i'!~ to provide access for the fire lan~. Co~nission~r PistlJr aupstioncd if the access that lines up with the m"!di.1n cut could bc the only access, to which Plilnncr 1kKlm stater) that thi~ ,)cces~ ''''Gut, he the r:1i1jor one. sn,! noted that such :) stipulation would havD to be included in the !:,rovision"l use. Commissioner Holland stilted that the ccrc is rccom~endin~ three accesses, adding that he hðs a hard time tryina to justify onn ent!ance for the amount of peopl.., that wOIJld be going in and out of that shopping center. He stðted that this could be a major safety factor. Commi~sioner Pi~tor st"ted thðt the exits are necessary, but there is II h"zar~ there alrea,y with peopl"! tryinq to get in and out of that shoppina center. He notcd that if three morp accesses are ar)1ed within a quarter of a mile, there is going to bc a problem. Conmis!!ioner '!ol1.)no1 st"ted th"t therc is only one cut through the median, so the balance of the traffic will have to 00 north w~en they come out of the shopping center. CODDissioner nistor indicated that some people cut out an<'l immediately cross ovcr the lanes to get into a turn lan"! at the median cut so they can turn aroun1 and go south, which creates a pro~lem. Commissioner P.olland stated that there should be "Uo U-'!"Jrn" signs put up at those median cuts and questioner) if so~~thing could be done about that, to which Public Works Administrator Kuck stated that it is so~ething that would havp to be hanòled by DOT as the County cannot put up "No V-Turn" signs on U.5. 41. Attocn@y Pickworth stated that as far as the entrances and exits, the site plan conforms with what is in the recommendation, whlch is that there be no separate access to the out parcel onto U.S. ~l. He stated that after confer~ing with his client, he indicated th~t he would concur with that in this instance. Com~issioner Pistor questioned if there is any agreement to sign the stipul"tions that were specifiej? ~r. Pickworth stated that in this particular instance right now, he can a9ree to those, but one of the prG~lems that he has is that the stipulations tha~ arc bein~ requested are the kind of things that would be worked out as part of the !lite development plan, which is jone at ðOCK 092 t~r.t 11. Page 4 ¡ i I , ¡ I ~ .; ~ i. ~ ~ \ I (- ~. ~. ~ r -...-.-.-. ~CD( GDZ W.' 12 JanUi1ry 22, 1986 the point when enqincerina is to be started. H~ stiJt~(l that he is simply a!l~lng for ~ provisional ua~ for the th~atre at ~his r~int, noting thet the sit~ dev~lop~ent plan still has to be r~view~d. He stated that is why he was reluctðnt to sign the stipuli'!tions at this point in the process: he is taking the ris'; that all of thes(' stipulationz are going to turn out to he acceptable and not unduly hamper the project; and, if the petitioner decided to sell this property as separate parcels, there would be many ~ore acceSEes. County Attorney S~unders stated that he has a little prchlem with the comment that the Petitioner agrees now with the stipulations, with the implication that later on they may not agree. ~e stated th",t if these things are to be ~ade part of the provisional use that should be part of the document ðnò they should b~ a condition for gr"nting of the provisional use, adding that if Mr. Pickworth's client is not agreeable tò them that is something that the Co~mission should consider. Mr. Pickworth st"ted that he indic"ted on the record that he agrees to the stipulðtions, adding that everyone that comes before the County has the right to later petition the Board for relief and the BOi1rd would make a decision anrl that was all that was meiJnt by that comment. Pc stated that his client, lik~ everyone else, hiJS that right. County Attorney Saunders stated that he has no problem with that clarification of it, adding that the Petitioner recognizes that he will be bound by the t~r~5 an<'l conditions of the provisional use and he will have to petition the Aoard for a change of those terms. ~r. Pickworth stated that he understands that, which is ~hy thebe stipulations are ta~en very 3~riously and looked at very carefully. Commissioner Voss moved, seconded by Commissioner Hasse and carried unanimously, that the public hearing be closed. Co~missioner Voss moved, seconded by Commi8si~ner Goodnight and carried unanimously, that Resolution 86-9 re Petition PU-85-23C be adopted subject to Staff stipulations. Page 5 - - .. .._,_..... .............ICI .... . I I I i ¡ , ~ f ~. 1 ,. t . :'i:¡" ¡: i I ~ ""'-~-'''~'-'-- aoo( ŒJ2 f1': 18 JlIn\JIHY 21"', 19(16 Item f6 POLICY PROVIDING FOR FUNDING FOR THE POSITION OF ECONOMIC DEVELOPMENT DIRECTOR AND TRANSFER OF SUCH FUNDS FROM THE GENERAL FUND - APPROVED eoml'mnity Develo;:>T"ent A,y~iniBtrator !~ullins st"terJ that the objective of this itcr' i!:: to creiJte a securely funrTed position which will be responsihle for developln~ and ad~inistcrina an effective and cOT"prehensive housing proaran for Collier County. She repor:ed that this request is necessary "t ~id-year rather than at the budget sessions due to the possible aS6unption that thcre is a position and that there is fundinq a'¡ailable for the position, adding that in fact, there is no funding "nd therefore, no one can be hired to fill the position and the responsibilities which should be carried out cannot be completed. She stated that ~iJjor proqram fundinq requests will be held until r.udQct sessions. She indicðted that the Economic Development Department has existed for several years, addinq that the functions of the department ha'le not ~en clearly definetj nor the qoals i'!n::J objectives fully iMenti fieò or developed. ~he stiJted that the functions of the cast involved ar~inisterin~ whatever housinG proGrams were existing witl.in Collier County and utilizinG !!Ionies fron those grantR and proqra!!ls to pay salaries, addin9 that the fUndinq source for the Departnent has historically re!!lained unaddressed, leaving it to the Direc~or's discreti~n, She stated that this practice encoura~es misapproriation of funds and inefficiency of program adninistration. She noted that in an effort to correct the deficiencies of this depart!!lcnt and better serve the needs of the community, it is suggested that the functions of the rierMrtment be broadened and established and that the director's position he funded from non-progran qrant sources. She referred to a c~art indic~tins th"t it has to be decided if Collier County wants a housing prOGram in the County. She stated that if the County does want a hQusina oroqram, the Goals, objectives, the functions of the d~partM~nt, an0 the prosra~ n~p~s to be defined, adding that fundino for the nersonnel will be needed and the Board should act upon the rirector's recommendation to expand, limit, and direct thc program anri its staffing level, in other words, the Director is to be the advisor for the program. She noterl that if the answer is "No", a housin') proorùM is not wanted 'in Collier Countv, th~n the Ooard should issue dircctives as to when consultants should be ~ired to apply for qrants and also to administer them, and also realize that other housing functions and responsibilities will not be addressed. She Page 6 ! i f ~ f f I ( I l; " ,;:;, ., , t' , I> ~ r: " f~ >, ìi ~ ~:i .~. ,: " ¡~ ~ - - - January 28, 19R~ noted that if it is d'?cid'?d tl1,)t " housin'l pro<yrill'1 Is wanted in C<)lller County SO~0 of th~ functions "nd responsiblities th~t sh<)uld be addr~ss~d ar~ such thinos ~s loo~ing at th~ Enterprise Zones ~hich curr~ntly exist, adding thðt there are two in Tmm<)~~lee. Sh~ sti'!ted th~t developnent in these areas should be encour~g~1 and methods should be devi5ed, which could be done throuqh t"x incentives ilnd Ip5S stringent zoning ðnò buildinG regulations. She notcrl thðt coordin"tion witl1 th'? private s0ctor sholJlå he more- actively pursuw1 !!IO th'lt the housins ne~ds of Lh~ co~runity ct'1uld he address'?1 ~nd that hy combining the public and private resources, a great deal more can be obtained for the low dnrJ morJeròte incone person. 5h~ 8t~ted thiJt a St"'ndard Housing Code should be reseilrched :¡nd developpd, addinn that such code would provide minimu~ housinq qu~lity ~tiln<'lards and on enforcement orogram would also be nece~sit"ted with this prosro~. She reitcrated that the purpose of the St<,ndarc1 !!ousinq Code is to "ddress the needs of existing housina, addinn thiJt there are current orrlinðnces such as the rehab ordinance an<'l dangerous building ordinance, but they are ineffective ,1n.j de not ðddress t",e problem. ~ne stated that tile possible need for a houslno authority should be explored and presented to the Oo"rd for consideriltion 'nd direction, a.jdinq that a very important portion is with recent gross managenent legislðtion of 1985, which indicates that th~ housing element, as part of the Comprehensive Plan, must be prepared by July, 19A7. She statp.d that the Housing Director should assist the Staff with the current long-range sections, meeting the needs of the County and adñressing the growth of Collier County, direct the activities of the Citizens Advisory Task force, obtaining citizen input and bringing it back to the Roard. She stated th,1t th~ Director shoulrJ assess the needs of the County's rental systems program, which i!l also the Section 8 Program, adding that they should direct the hiring for a house and quality compliance inspector which is the direction of BUD, and they should recognize policies, procedures and staffing levels which are necessary to provide a comprehensive and effective housing program for the County. She stated that there are only two positions currently in the Department, one is the Director, which is vacant, and the second one is the Section B Counselor whic~ is filled, adding that these two positions are not sufficient. She noterJ that at the present time, she is only asking that thA Director's position he funded from the General Fund in this fiscal year. She stat-rj th~t the second alternative is to continue to &CO( 092 r;'! 1.9 Page 7 J . !' t' t & .," ., r , r: ". Ì: ( ~it ,\¡ 'i ~~ t~: ..¡,;. 4 ~ 'I' I ~. ~¿ ~ ßC[¡( 09Z Pl',': 2.0 January 29, 1986 pro~ide no County subsidy and rely totally on program and grant funds for administration, arlding that thi!l will not allow for proper administration of proqra~s and grants and it provides only for minimal administr"tion and does not allo~' for consideration. <'Ievelopm~nt or improvement of functions. She stated that the third alternative is to not broaden the function of the department nor fund or fill the rirector's position, bu~ contract consultants instead. She noted that this altcrnrttive would he ey.pensive and does not ad<'lrcss the day-to-day needs of Collier County. She indicated that the most effective alternative would be the first one, which is to fund and fill the I Director's position and broaden the functions of the department. She sti'lted tho'lt she alao recommenc1s that this position be funded through the Gcneral Fund for this fiscal year and that a budget transfer in the a~ount of $24,182 he authcrized and that the P,oard commit to funding the Director's position in Fiscal Year 1986-P7. Commissioner pistor questioned how this fits in with the Collier County Housing Authority, to which Mrs. Mullins stated that generally Housing Authority's are operated through the local Government as Counties continue to r.row. ~. r Tape .2 Commissioner Voss stated that there is a desperate need for improved housing in Im~okalee as well as other areas of the County and the only way that it will get done is by doing what the Staff is proposing, Com~issioner ~oodnight stated that the Housing Authority that is being referred to i~ only for Farmerworkers Village and they are appointed by the Governor. 8he stated that this Authority does not takp care of anything else in the area. Co~missioner "oll"nd ouestioneñ if there is a Collier County Housing Authority at this point, to which County Attorney ~aunders stated that there is a Housing Finance Authority, adding that he is not sure what the scope of their jurisdiction is, whether it is county-wide or just the unincorporated area. Co~~issioner ë¡olland stated that th"re is definitp.ly <i need for housing allover the County, not just Immokalee, and it is time to look at the County as a whole. ~1rs. tlullins stated that the Citizens Ac1visory Tas": Force and Staff agree, adding that in the past session when the application was subnittcd to CC~ for ð block grant, Immokalee was choser as the first Page B - - - . ._____."0_. _._.__ - - - Januðry 2f!, lqn¡; target area rJnd '1,'ples "",nor is tile second ¡Hea. She stated that thO!re i is d definite nc~d to address the affordable housin~ that is available I in the County. Co~missioner P.aSH· '7uest ionen whðt ~1rs. ~'ll11 ins mcant hy bui l<'ling ðccording to less stringent laws, to which ~1rs. Mullins replied that in ar, Snternri!':l' 7,0nf'. there nrf' fairly n<:,w conccpts as f"r 'IS :,einr¡ actively administered .;n'J pursuf',y throuqhout the Country. "~e st<Jt~d th~t in an F.ntcrDrisp ~()ne i~ is usu'llly an arcn th"t ñ'lS neclined in f value and many of t~~ builrlin~s nre in nceri of f'xtreme r~~air. She r stðtf'd that ðS 'I 'lay 0' brin'7ina r]evelonmf'nt "nd co~mercl'll ",nterprise bðck into the are'l, mo~t c0unties aive v'lri0us tðx incentive~, an~ builrlina and zonina c~es can be les!! strinqent in this pðrtlcular enterprise zone because the ultimate goal is to encourage development. Mrs. Mullins stated th'lt trere "re not "ny inc~ntives hein<T offered in the current enterprise Z0nes in Immo~alee, adding that ~he Director would ho'lve to com" bac,: to the ßO'lrd '",ith recomMend"tiOns a'! to what could be made less stringent and it is then up to the Board to make such a determination as to whether it should be done or not. Commissioner Ha!!sp stated that a new position is being created, to which Mrs. !'ullins inr]icatec that the position hùs existed for many years, but therc has never been a fundinr¡ source set up for it and the i responsibilities have ncver been established. Commissioner Passe questioned if this position is croing to result in vùrious other positions, to which /Irs. Mullins stated th",t what exists now is not sufficient to operate even the way it was operated in the past. She noted th",t she WQul<'l like to hire a director with the qualificðtions ðnd expertise ðnn tnen let the~ decide w~at is needed to meet the regul"tions anG to address the requirements that are necessary. She st:¡ted that the Director would then come b"ck to the BCC durin~ budget s~ssions with the request, adding that the only time that she would co~e bac~ before the Board tnis fiscal year would be if it is a matter that is urgent. Commissioner pistor stðteã that the only way that the housing problem is going to be solved is to go a~eðd with such a progrðm. Cou~ty Manager Lus~ stated that he has a problem with the funding source that ~as been identified. He stated that he can see funding this position throu~h the General Fund for the rest of this fiscal year, but he ho~es that the Board will put ~ stipulation on this recommendation that th~ Community Development Division will find other &OO( OD2 r:.r,[ 21 Page 9 &c:¡( GDZ W( Z2 J~nuary 28, 19R6 sources of fund inn by Octob~r 1, 19R6. H~ stðt~rl thAt he could see the Division comina hack (or Sln,OOO if they arc havina trouble funding the position, hut he does not want to see the entire position funded through the General Fund. Pe sti'!ted that if there is nnt oth~r funding sources hy October 1, 1986, then he would recommend that the position be eliminated. Commissioner Voss stated that he disagrees entirely, adding th",t if there is going to he a competent person in this position, no one can expect such a person to apply for a job that may only lAst 6 months. He stated that there i~ a need for this housing in this County and if money is available for grants that is fine, hut if it is not available, then it has to be insured thro~gh the General Fund that there will be moneyavai]anle. Pc stater] thl!t it should be a permanent position, and if funding can be fo~nd from another source that would be good. County l1an"'ger Lusk stated that most grants can be used for s~laries and if that type of stipulation is not put on this position, the County may not s~e "ny money coming their way. Commissioner Voss stated that he is willinq to Qut that type of stipulation on the ~otion, hut he wants it understood that this iÐ a permanent position and if funrlinq cannot be obtained, then it will have to come out of the Gcneral Fund. ComJt1unity revelopment ',<'Iministrator ~!ullins stated thðt the intent is to provide a permanent funding source to take awðy the incentive to misappropriate the funds and to not complete grants on time. She noted that whoever is funded, the work will be charsed to that particular section, but only for the work that is performed. She noted that at budget session when she comes back with the complete program and staffing levels, it does not ~ake any difference to her what !und the moncy comes from. Commissioner pistor stated thðt if the proper person is !ound, the program can be very successful. Com~issioner Holland stated that he feels that if private industry had the g",me ?pportunity to build some o' this housin~ with le3s stri~g~nt codes, there m"y he enouah int~rest from the priv~te sector to provide the ne~ded housing. Deputy Assist~nt County Manager 8rangðccio st~ted th~t what is needed is some type of consolidated housing program involving the private industry. She st~ted that the programs are fragmented throughout the County anè what is being requested is that the Board Page 10 - - IUI I f i - - - January ?n, 1986 subsidi7.~ this po~itior this ye"r ~nd then l~t this person come bac~ to the no~rd with sug~~stion~ on how to involve the ~riv~te sector, how to get F.cono~ic Cevelop~ønt r,r~nts tn develop the Fntcrprise Zones, how to coordinate with the housin1 authorities that presently exist, adding that this has not been ùone in the past and in order to do it, the coordin~tion is neede~ and the employee. She stated that the funds are not available In the Co~munity Development bu~qet this year, but next year this p0sition will be funded. CommisGioner Voss stated that the only difference is that if the funds are not available through Com~unity Cevelopment, then the salary has to be subsi~izc<1 throur;h the Gener~l Fund. He stated that this provision is nee']ed or no one will acceot the position. Deputy Assistant County ~anagp.r nrangaccio stated that the way the budget years are set u~, the Board cannot be as~ed to com~it to a fundins source or to a position for next year's bu<1get, because it is always the Roard's prero~ðtive to center in on the priorities that are needed. County Manaoer Lus~ stated th"t he has a problem guaranteeing that this is a perm~nent position. ~e state<'l that no one can guarantee anyboùy a job in the County. Mr. Mike Zewalk stated that this has bee~ needed for a long time, adding that someone should be hired to get this program going. Commissioner Voss moved, seconded by Commissioner Hasse and carried unanimously, that an Economic Development Director be hired and that funds be transferred from the General Fund for the balance of this fiscal year to pay for the salary. Deputy Assistðnt County M~naqer Orangaccio stated that this position will be funded if there are Community Development funds available for next year and they will not ask for General Fund tax money. She n?ted that there is every indication that the funds will be available. mr. U92 M7. 23 Page 11 ~ob~ ŒJ2 rv.[ 24 January 2e, 1986 Itell . 7 RESOLUTION 86-10 EXPRESSING THE INTENT OF THE BOARD TO CONSIDER AN ORDINANCE PROVIDING FOR MANDATORY COLLECTION AND COMMERCIAL HAULING OF SOLID WASTE IN DESIGNATED PORTIONS OF COLLIER COUNTY - ADOPTED. PUBLIC HEARING TO BE HELD 3/18/86 AT 7130 P.M. IN BUILDING F. STAFF DIRECTED TO NEGOTIATE A CONTRACT WITH BATSO~, JONES, BENNETT' CO. TO BE BROUGHT BACK TO acc AT TIME OF MEETING Puhlic Works A<'Iministrntor Kuck stated that this itcm is for the purpose of setting a time and date to conduct a public hearir.g relating to the adoption of ~n or~inðnce regulating solid waste collection and ,~i sposal and requi r in" permi ts for h",ulers of sol id waste. f'e stated that the proposed ordinance would reaulate 501id waste collection and disposal ðnd obligðte all generators to use available services to properly <'Iispose of solid w~ste, adding that the waste hauler perMit ordinance will insure that collection and <'Iisposal is accomplished in accordance with the stðndards that are environ~entally sound. He stated that the proposed hearings on these two measures will enable public review for the oroposals to insure that community standards will be achie·Jed. He noted th,1t the Solid ~!aste Advisory COl!1mittee endorsed the proposed ordinances, aÒ0inQ that it is his recommendation that the Board establish a time and 0ate for public hearing to receive public comments pertaining to adoption of these ordinances. Commissioner Goodniaht questionc<'l if it would be possible to have a public hearin~ in Irnmokalee so that the people there could express their views? She stated that it could be a workshop meeting. Co~mlssioner Pistor stated th"'t an additional meeting in Immokalee could be arranged. JI.ssistant County '1~n"ger ['orrill stated that there is a resolution in the ~ac~up material indicating the noard's intent to pass an ordinance reaar~ing ~an~atory collection and coml!1ercial haulina, He stated that there is another item that will probably come up before the public hearing, which are problems in i~"lementinq l!1a.ldatory collection. He said that they are proposing special assess~ent districts for urban ~n'~ rural estates for the purpose of deterïining the number of tir"es waste would be collected in a ~/eek. He stated that it will also have to be resolved as to how the County will bill, collect and enforce mð~datory collection as well as a review and analysis of the current franchise h~ulers, their equipment, ~an~ower and associates fees in order for them to do this. He stated that he has received proposals from firMs to assist the County with the rate Page 12 - - - - - .. January 7.R, 1 <)!3F. analysis, adding that one wa~ from Associated IJtilitj Scrvices and the other was fro~ Batson, Jo~cs, Bennett & Co. He re~orted th",t he would like authorization to negotiate a contract tl1at woul~ be bro~ght back to the BOArd at the s~me time of the puhlic hearina that would spell out the work thi\t these people will do in order to review, audit, an<'l undertð~e the rate reS'Jlation en~ of what is bound to be " major policy decision for the f\oarc1. He noteù that the proposills that were received indicatc1 that ~ssociatcd Utility Services would do the work for ap~roximðtely $21,800 "nd Batson, Jones, Bennett & Co. was about half that. He stated that he would li~e to ~ave the authorizatio~ to negotil!to.:! with Hatson, Jones, Bennf!tt & Co. in Ft. :1yers. Tape t3 Commissioner Distor indicated that therc needs to be a date set for the puhlic hearing. Conmissioner Holland indicated that he would like to see a meeting set for 7,00 P.~1. ðS this would give the generi'!l puhlic the opportunity to attend. /1rs. KiHhleen F.nni s stated that she is in favor of the proposed ordinance "s C~11ier Co':nty is a dirty county and it needs to be cleaned up. ~he presented ~hotoqr"phs of various piles of trash that had been thrown on thc !!ides of ro,,1s. She noted that thc reason that mandatory trash collection work!! is because it needs no enforcing. She stated thilt if people have to pay for the service they will use it. Commissioner Holland stated that there was a private contract that the County awarded to clean up the County and questioned why these areas still look the 5ame~ Puhlic Works ^dministrator Kuck stated that the Road & Bridge Department picks up trash and it cost around $50,000 on a yearly basis. Assistant County ~ana'Jer rorrill stated that at one tlmc there was an agreement with a private contractor to clean up some illegal dump sites, adding that whether or not there is still a private contractor in this year's budget, he does not know and he will report back on the matter. Commissioner Voss moved. seconded by Commissioner Goodnight, that Resolution 86-10 expressing the intent of passing an ordinance providing for the mandatory collection and commercial hauling of solid waste in designated portions of the County be adopted and that Staff be authorized to megotiate a contract with Batson, Jones, Bennett ~ Co. to be brought b~ck to the Board at the time of the public h~arinq, which ~OO( 092~: 25 Page 13 ~ }, '. " , \" ~CO( ŒJ2 .~.,~ 26 will be established later in the Jllnuary 2P, IQO(, l1eo!ting. that this r~solution is endorsing the " Commissioner Hollðn-1 stilted ordinðnce. County Attorney Saunder!! stated that this resolution expresses the intcnt to pðSS th~ or~inðnce ð~su~in~ that tne nròinðncc meetr. the approval of the noar~. "ddinry th~t the Rt'1arà is not bound to pass that orcJinðncc. He stilted that this is simply schN1ulinq II puhlic hearing and advising the public that this pðrticular orrlinance will be considercd. hsslstant County ~anaaer Dorrlll stated thðt the Roard is trying to let the public ~now their intentions by way of ilèopting this resolution, addinG that the re"son for the ê~vðnced notice is to taKe some of the critici<~ off resource recovery. Commissioner Holland stðted that a lot is bein~ ta~en for grðnted when the resolution states that tne Q,oard is intending to adopt an ordinance anò also hircs ð co~o"ny to do II ÇCGt survey. Com~issioner Voss stated thnt Staff is to neqoti"te II contrilct and brine it to the ~oarà at the time of the public hearin1. County Attorney Saunders stated that the wording of the resolution coul<'l be changed to state that it is the int~ntion of the Board to consi~er the ordinance ilt a public hearina. ComMissioner ¡~lland stat~d that he does not have any problem with considering an ordinance. Commissioner Voss stated that he would amend his l1otion so that the resolution would state that the Board will consider an ordinance providing for the mandatory collection and commercial hauling of solid waste in designated portions of Collier County. Commissioner Goodnight stated that she would amend her second to reflect the same. Upon call for the ques t ion, Ule mot ion carr ied unanimously. ***** Later in the meeting it wao established that the public hearing would be March 18, 1986, at 7130 P.M. in the Boardroom. :;:. " Page 14 ' - - .. aco( OD2 w~ 28 Jl1nu'ITY :1P, l'1PÇ; Item 'B BID 'B5-930 FOR DRAGLINE AND BUCKETS - AWARDED TO BUCKET MAR~, FT. MYERS AND H. F. MASON EQUIPMENT CORPORATION, FT. MYERS LEgal notice havin'1 !Jeen puh1ish~d in the ~'aplcs r';¡i ly ¡rews on December 23, 1985. as ~vi~enced by ^ffidavit of Publication filed with the Clerk, bids wpre received for Bid IP5-930 for dra~line and buckets until 2,30 P.M., JanuAry e, 19P6. Public ~lorlls Administrator Kucl< stated thi'lt the objective of this item is to award Bid .85-930 for the purchase of a dragline, a dri'lgline bucket and a bucket re-bulld. He stated that invitations to bid were sent to 36 vendors and legal notice appeared in the Naples Dþ.ily News. He stated that the low and only bi~ received on the dragline was from H. F. 11ason fquif,,"cnt CorporiJtion in the amount of $139,751. after an allowance for the tCi'1'1e-in. He noted that St'lff is recor,¡",encing the award (or the purchase of the dragline to H. F. ~ason Equipment C~rporation and that the rebuild of the bucket for $450 and tr.~ new one-half yard bucket for $4,~25 be awar~e~ to Rucket Mart of Ft. ~yers. Commis'1ioner '-'oss auestioned why only one bid was receiv'!d and also who makes the draqline? ~r. Kuck state<'l that it is made by Little Giant and it is his undcrstanding that there is only one dri\gline of this nature that is ::1anufactured. lie stated that bids were sent out to 36 vendors, but this ""'S the only bid that was received. Commissioner Holland stated that when specifications are made out that exclude every other suurce of competition, he cannot vote for it. Water Management rirector Boldt stated that he is requesting a replacement of tl,e ey,istin? rubber-tired mobile dragline that the County now has, addina that it is a very li~iteð market now that Little Giant is the only on~ that makes this particulðr draaline. He stated that they exçlud~d the~selve~ hy getting out of this particular market. He stated that Link Selt nakes this eauipment, hut it costs about 4 or 5 times more and is ~uch larger and would not he effective for what the County needs. He st'lted that the particular type of ~achine that the County need~ has a liGite~ application and they were not being sold which is why a lo~ 0f manufacturers stopped ~aking them. He stated that with the type of c~nal system that the County has, this piece of equipment is necessary. Commiusioner Voss moved, seconded by Commissioner Hasse and carried 4/1, (Commissioner Holland opposed), that Bid '85-930 for the rebuild of one existing Hendrix TS Dragline Bucket for $450 and the Page 15 - - - - - .. Jðnuòry 28, 19R6 purchase of one Hendrix TS 1/2 cu. yd. Dragline Bucket in t~e a~ount of $4,525, aftp-r tradp--in of 5 used buckets and clamshells be awarded to Bucket Mart, Ft. Myers~ and that the purchase of one 1986 Little Giant Drayline, Model 48, be awarded to H. F. Mason Equipment Corporation, Ft. Myers, in the amount of $139,751 after trade-in of one Crane (.5l75) and one Dragline (.24), being the low bidder and in the beat interesto of the County; and that the necessary budget amendments within Fund 110, including $9,475 fro~ Reserves, be authorized. ..... Recess: 10:20 A.M. - Reconvened: 10:30 A.M. .**.* Tape .4 Item .9 LEASE AGREEMENT BETWEEN COMMUNITY HEALTH CARE, INC. AND THE BOARD FOR COUNTY MEDICAL EXAMINER FACILITY - APPROVED. HOSPITAL TO BE ASKED TO CONSIDER A FtrI'URE DISCUSSION RE AN OPTION TO RENEW FOR AN ADDITIONAL PERIOD OF TIME Public Services ^~ninistrator Norton stated that this is an agre~ment betw~en a subsidiary of the ~aples Community Hospital and the eounty for i! mci!ic'11 '!x"nin'!r's facility which is locðter] to the rear of the former Pitt:!\an's Funeral HOr.\e. !Ie stated that the facility is 2,000 square feet, which is actually two buildinoR that are connected by ð covered rar~in1 area. ~e stated that the n~gotiated price of the agreer.\ent is S9.00 a s~uare foot per year which equates to $l~,OOO a year in rent, adding that one of the buildings will be used as the medical examiner's offices and reception area for families and the other building would he used for autopsie!l, refrigerl!tion and body stori\qe and other tynes of receiving I!reas. He noted that this is a ten year lease agreement, adding that both parties felt that this was aprroprii1te from th,~ stani!noint th",t the County will he mal{inq approxi~:¡tely $45,000 w0rth of renovations an<'l it was felt that there needed to be a long period of time to remain in the buil~ing securely. He noted that the hJspital liked the ten year agreement bccause it is a long period of time, adding that this will avoid having to build a medical examiner's facility which would cost a large amount of money. Hp noted that he talked with Dr. Schmid and he feels cOmfortable with this type of arrangement and with the facility. He noted that also include<'l in the lease is a maximum 10~ escalator clause each year which is based on the Consumer Price Index and it means tha~ over t~e next ten yei'!rs, each year, there will be a rent adju9tment upward in the exact amount a~ the rr~vious ypar'q CPI, ~ut not to c~ceeñ lOG. COT'1~ission"r '1011·1.'0 statcr] that if f'r. ;,ch"1id is harpy ·,.¡'.th the ~CO( DD2 r¡'¡ 2B Page 16 !Co< 092 W! 30 January 2P, 1<)P6 facility there sl10uld h~ ~ ren~wal option in the le~se agre~nent. Co~mi55ioner Voss ouestioned if therß would be more nonny needed for the eguipnent, to ~hich ~r. Norton indicated that most of the equip",ent is included in the $45,000 for the renovation. He stated that it i~ not a major renovation to the property "s most of it is simply putting up p~rtitions. He stated that all of the e0uipment can be ~oved when the lease expires, but the fixtures he come part of the property. Mr. Tom Brown, representing the Community Health Care, stated that the ~aples Community Hospital i!! a sUbFlidiary. He stated that they are pleased with the le3se agreement for ten ye"rs, adding that if the Board would lil.:e a five year lease, that is a150 possible. He stated th"t the 10% cap on the CPI is not negotiable. He sti'!ted that the $8,00 a sauare foot is a substantial co~promise in the agreement. In answer to Co~~issioner Pistor, ~r. Brown stated that he is sure that something could he worked out with reference to a longer lease "greement if this is what the Boðr<'l would like. Public Services Ad-inistrator ~~rton stated that in In years time, he believes that this ~0unty will need ð medical examiner's facility of their own. He not",d th,1t t'-.e ]" ye~r p"rind is .1n a<'l""u,,te a",ount of time for an a0reem~nt 0f this nature. Pe stated that to have the option would b", nice and the second ten years may have to be re-negot iilted. Tape .5 ~r. Brown stated that the extension of this agreement is something that would have to be discussed at the hospital. Dr. Schmid state~ that he feels that this facility will serve the function of the Medical Examiner quite well, and as long as there is an agreempnt from the hospital that he can use this facility for ten years and there is a chi'!nce of a renew"Il, that would he sati5factory. Conmissioner I!ollar.d st., ten th"t he .'ould lil.:e to see an option in the lease agreement with rc(ards to a renew~l. Co~missioner 6istor stated that an "nendment coulð be na1e and brou~ht bôcy. to thp po~rç. ~r. Erown st3te1 tl1at he wo~ld ask the hospital and see what they say, adding that he nee-ès to ":now under w~'at terms they would llke the renew~l O[Jt ion. County MAnager Lusl.: stated that the Poard at that time would have to re-negotiate the lease term5 and amounts. Pi\ge 17 - - - '<¡W' 'liT -~_"""~M .t. " - - - Janu~ry 2R, 1986 Fiscal Officer Giles state¿ that the Bo~rd is looking for an option to re-n~w un<'ler the sa~e terms after 10 years. Commissioner Voss moved, seconded by Commissioner Holland and carried unanimously, that the lease agreement between Community Health Car~, Inc. and the Board for County Medical Examiner's facility as presented be approved and that the Hospital be asked to consider a future discussion regarding an option to renew for an additional period of time. ARsistant County Attorney Cuyler stated that if there is going to be an option, he woulrl like to see it in the lease a9ree~ent, ùdding that Staff could work this out with the hosoital and then have the parties execute it, and if it cannot be worked out, it will be signed in its present form or have Staff return the document to the Board. Public Services Administrator Norton stated that he would like to get started as soon ~s possible, but he does not believe that the option will take a leng tine to negotiate, adding that it could prob3bly be returned to the ~oard next week. Assistant Co~nty Attorney Cuyler stated that if there is a time constraint, an addendum to the lease agreement could be done at a later date. Co~rnissioner Voss stated he will not change his motion regarding the renewal option. Upon call for the question, the motion carried unanimously. .oG~ 092 f~~ 31 Page 18 . ;; 092 f1~(4 0 Itell .10 January 28, 19RG CONTRACT WITH SOUTH FLORID~ P~INTING CO. INCRE~SED $12,760 FOR SEALING AND C~ULKING THE NORTH ~ND E~ST SIDES OF BUILDING "F" - ~PPRO\~D. COUNTY ATTORNEY TO INVESTIGATE OR,GIN~L PAINTING CONTR~CT ON PoLDG. "F" Purchasing I"irector Tniele recalled that t-.o sides of ';uilcting "F" w~re hit with heavy rains during the summer and fall, and he previously asked that those two side~ be resealed ðnd caulked as necessary to protect it ,1g'1inst f'lture Invasion of water. lIe stated that the POùrd approved those two sides and since then it was scheduled to begin in the dryer season. He stated that South Florida Painting will do those two sides and they have offered to do the remaining two side of 8uildin~ "F" for 60% of the normal price for the first two si¿es of the building. He stated that the ~oar<'l had questions as to why it was neede<'l and what type of warranties are in exi£tence, as well as who drew up the specific;¡tions. fie noterl that he contacted the ~irm of Waltcr Kcller, Architect, and they indicated that they did not have any records on the construction of this building, a~ding that th~y did indicatc that anything that would have been warrantied, as far as the workmanship. woulf. have expired by now, and anything that <'leal: with tne material used would only have a warranty for the material deteriorating. He stater] th;¡t the other areù that he checl':ed into was adhesion, which is not covered by warranty. He stated that SOMeone can warranty the application of the material, can auarantee that the material will last, hut after it be~ins to separate from the b~il<'ling neither warranty or çuarantee would come into effect. He stilted, therefore, th"t the Oi\rt of the building that was constructed in 1974 has no warranties or auari'!ntees. !'e stated that the 19P.3 additions were [)erformeè by f'raft Construction anr' they 'Ire researching to see if they have i'\nv warri'\nties on ~ny mùteri~l that is ~ctually on-site, arJding thi\t thoy ",or':,," through f'oss-fhrenkr'lntz an0 the materii1l that was use<'l was an 'poxy groutino Hn~ their workmanstip was guaranteed for two years afte~ suhst;¡ntial completlon of the hl1il<'linq and that time has expired. He ~oted tl1"t it was indicated that if the material has a warranty on it, it wo~ld hav~ to hol<'l up under the £necifici\tions under which the County rurchùseð it, whtch means that if the material is cracking. breaking down, not showing the flexibility that it i~ supposed to show, then the County can go hack on the manufacturer, but can only collect the cost of the material it~elf and not the re-applici'\tion. He statec1 that if it is the arihesion which is the Page 19 - - .... -, t ft ~'" .-- - ....- Jðnuary 28, 19P6 problen, there is no guarantee to cover the cost of applying new ~ater ¡,~ 1. He noted lr¡~t when th~ contractor rio"!s the wor).: ane! comes aC:G~S deterior"ltion in the material itself, he will notify hi~ and he, in turn, will notify the conpany and put in ~ cl~im for the ~~terial. He reported th"t the pres~nt speclfications wer~ rr~rared through a fir:n i'l ,"!'"pa call<::cJ ":pstern 'l"tprproofin'l. Fe stoltI'd that th,!y did not hid, hut they h~lnpd nrQrar~ specific"tion~. nddin'l th"t ~ 5 year n,1i~tcr.;1:1C~ hond ','¡,,~ !,p"'-'uir'!d, which mCiln5 t~1ðt i"Iny '.-Iork t!ï.lt ~ìouth Florin" paintin'J ~IOUJc' ,Jo on the ""ui Iding waul,! he quarantee'] for five years '"hien waul'] include if thO! materia) lost its a<'lhesion. fie stated that the material that is being reconmunded is Trim CO'lt Tri-prolymer seal"nt and Dial 790 sealant which has he~n on the mar).:et for 25 years and is the best that could be identified to use on this huildirg. He st,~ted th"t the Wi1ter l~~)':s ~I'!re a result of hurric,1ne activity in the arc... !!c sUtterJ th~t t:1"intenance sIJ')gests that the first five floor13 be don" co~rletely, ta).:inq out the old ~ateria) and replacing it with the new materi"l and then the next thrce floors he r£paired where adhesicn is not 100'. He stated that the reason th~t this huilding is not 10J~ hurricane proof is because of the exorhitant cost. He stated that hI' is requ0stin1 thrc~ thin0s; that the Board approve the work for the other two sides of the huilrJinn, that the ~hairman be autnorized to eyecutc the Change Order "n~ th'lt the money conø fron General Fund contingency funds repl~ce¿ in the Capit~l Inprovcment Pund. Commissioner Hollan~ stated that he thinks that the people of South Florida Dainting are well qualified pcople, hut that a large portion of the work is in scaffolùing an1 coming rJown the side of the bui11in1 and when the oriqin~l people were there, they shoulè have sealerJ and caulked the building at the same time. He stated that s~ecifications are ulways written for sealing and caulking when paintjng is done. He stated that this goes hand in hand, adding that he would like to know what the specifications called for and this question is still in his mind. Purchasing Oirector Thielc stated that he was told that painting was the only thing called for in the contract. Commissioner Holland st"ted that he would like to see a copy of that contract and he would like to have the County Attorney lock at it also. He said that the buil<'ling should be caulked and sealed and questioned if the building will have to O~ repainted, to which Purchasin,! Direc-,or Thiele replie<'l nca'1.tlvely, He stated that he feels UK 092!~ 41 Page 20 ~.' iL 1 ¡ '~ ~ '< , 'l " ~ , , ~ ;; O~2py.~ '42 J'Inuary 2f1, 198;; that the co~p"ny that painte') the outside of this building should be liable for the caulkin? an~ sealing and in~icate~ th'lt he ~ould approve this natter if the County Attor~ey is directed to look into the matter and if the caulking and sealing w~s in the contract, then the County Attorney should try an~ collect pact of the money for the County. Commissioner Holland moved, seconded by Commissioner Voss and carried unanimously, that the contract with South Florida Painting Co. for s~allng and caulking the south and west side of Building "F" be increased $12,760 to include the north and east sides of Building "p. and that the County Attorney be directed to investigate the original painting contract on Building "P" to see if it called for sealing and caulking and if it did, pursue that matter to determine what can be done. Item n 1 ~ STAFF DIRECTED TO PREPARE AN ORDINANCE COMBINING THE WMAB AND EAC AND BRING BACK AS SOON AS POSSIBLE neputy Assist~nt County ~anager 8ranQaccio stated that at this point in ti~e Staff'~ recommendation is th'lt the ~IAB 'nd EAC should not he merged. She noted that in the late 197~'s there was not ~ technic"l staff as there is now in the Matural Resources Departm~nt, Planning Cepartr;ent and "later "anùge~ent ['epartment, adding that because of th'lt, thc Board formed those advi~ory boards to give them tec~nical advise on develop~ent petitions. She stated that since that ti~e, Staff has b~en added ðnè there has becn concern that Btaff efforts are beinn ~uplicateè with those boarñs, notin~ that at ti~es there nay he <'Iuplic'ltion hut at the same time, they serve a uBeful function to the ~oard and the Staff in that they provide a good puhlic forum for d wide range of technic'll <'Ievelopment issues and it allows the noard to be ~orc concerned with the policy issues of a particular developmcnt than reviewin? for the technical water Manasement or n<:>turðl resources type stipulations. :;he stated that it allo~'s the rloðrd to he the fin'll oolicy nl'!ker. She reported th"t it alsc> allows for a very good tec~niç~l forum for issues from everything to the exotic fish oràl~ancp to ~csquito control to excavation permits, adding that they are (Jood sourdin'] :-,03rrJs. She staten that the advi¡;ory boards are dgdin¡;t the merger and Staff is proposing that the hoards be left in tact as they are because in 19P6-~7, while the redevelopment of the Comprehensive Plan is being done, the advisory boards can he come very helpful. She rcnorted th'lt in su~nary, ~taff woul~ like to leave P¡;'ge 21 - .. - - - - J"nu"ry 2P, 1 '18(, the bOiJrr1s ,")5 they ar~ "nd ~ct th'~:11 h", th~ s0IJn,1nn hoard "nd the puhl ie forum for the '~",vel<..Jp!"1er"t p0titions with the technir.al issue!! and kecp in minr1 th'lt ~tiJff will com~ hac~ within the next two ye"lrs with i'! recomMendation to Mer~e t~em at th"t ti~e. C0~mlssioncr ?istor st~te1 that there i~ ~ lot of overlap ~etwcen tr,c two ","visory bo,1r~s wi)'"n the ð!,,!",l icant app"ar~ before each of th<'!m. He as~ed if the roard ~as to follow the rccoMMr>ndaticn of Staff, would it he possibi~ to ~eep eðch a<'lvisory in their own field and not in the othcr aJvisory boar~'5 field? ~rs, ßrangaccio statr>d thAt this is what St"ff has hecn working on, hecAuse r,evi0u~ly ther~ h'ls not heen a let of Staf~ direction or EO,1r, r1irection f0r these boar,1s. Tape t6 ComMissior,er Voss st'it","¡ th"t if these bo"rds provide a sounding board for public in?ut, the sane thing could be accomplished if the EAC and the ',T?-ll'\q are co",hined. Commissioner :'>oll"no1 nuestioncd if the two boards could me,.'. at the saMC tine? County ~i\naanr Lusl.: statecJ that if the ~wo hoarrT6 i1re doinq the functions that they are supposed to do, it is two rTifferent boa,ds that the petitioners are dealin1 with and maybe the Commission needs to give the boards some direction. Commissioner Holland stated that most of the infornation that is presented to the two boards is bðsically the same. Ms. Rrangaecio stated that she wou~d like to see jo~nt meetings on larger projects, like rPI's. Ct'1Mmissioner Voss stated that he agrees with Commissioner Holland, but if therc are çoing to be combined meetings, then the boards should be combined. Commissioner Holland stated that if the meetings were held together, it would speed up the process and all problems would be resolved at one time. Mrs. Charlotte 1"1est!:\"n, representing the Leagup. of Women Voters, stated that she is in favor of combininq the boards now and not two years from now. Co~!:\issionp.r Pistor stated that he would like to see these two r?ards combined In a reasonahle amount of time. Ms. rranr,ecio st~t~d th"t it will take ~he County Attorney's office 6 to q _eoks ~0 pr9pare i\ rTrdft ordinance and brin1 it h~ck to eoo( 092 f~(;[ 43 Page 22 --.---- --- '\ .,~ "~ ~'~> ,oœ 092f1'l. "4'4 the 90ard. Commissioner Voss moved, seconded by Commissioner Hasse and carried 4/1, (Commissioner Hollanð opposed), that Staff be directed to prepare an ordinance combining the EAC and the WMAB and bring it back to the Board as soon as possible. Commissioner "ooènight questioned if there is any r~ason why there has to be only a five meMber boar<'l, to which Assistant County Attorney Cuyler stateò that the two boar~s could be combined and thcn over a period of time as the members retire, it could go down to a seven member board. January 2e, IQp6 Item tl2 RESOLUTION 86-11 DESIGNATING MILTON LEONARD AS A CODE INSPECTOR FOR MARCO ISLAND PURSUANT TO COLLIER COUNTY ORDINANCE 83-43 - ADOPTED ^ssistant County ~ttorney Cuylcr sti'!ted that he is recommending that Mr. ~ilton Leonard be aOFointed "5 a code inspector for Marco Islan<J. and the only thing that ~1r. Leonard may hav~ to do is have a medical examine for insurance purposes. Commissioner Voss moved, seconded by Commissioner Hasse and carried unanimously, that Resolution 86-11 designating Milton Leonard as a Code Inspector for Marco Island pursuant to Collier County Ordinance 83-43 be adopted. Page 23 - - .. .; , "t, ;.~ ,¡ '\ ,- ;/ , .. I i d :'j " .í -~ : ;~ ~:¡ F~ '¡''¡' ,~ .¿ :.;f ~ i) ~;, -:'1 ~ ::.. jj ~ :1 "i:¡'. -, , . '~ '.'<'I~ '....."..:~. ;>~~ , ,~ '" , '"" "-,, '_i'g' &00'" 092 ri~l '4'8 Ite'1I ,I-; . ,1anu'lry 2P, lQ8Fj GENERAL PROGRAM RE ASBESTOS REMOVAL AND COMPLETION OF LIMITED RENOVATION OF BUILDING RAR AND OTHER RELATED ITEMS - APPROVED Co~nis5ioner Voss stated that he previously brought to the PO'lrd's attention what to do 'Ibout ~he ju~ges' ~uarterß, their courtroc~8, and the justice building in general, adding that at that time, it was indicated that the County Manager was working out a schedule to accomplish this !'!nd he has done so. He stated that the !Jch<:!dule is set so that the !Jecond fl00r of the present nuilding "A" ran be wor~ed on by the contractor first to renove the asbestos, then he will se,,1 off that second story an~ work on removal of asbestos on the first floor. He noted thdt ~/hile that is beinq rJone, the carpetin'1 and the ceiling tile has to be replaced and the duct work has to be deconta~inated and thcn the walls have to be painted or washed down. Pc stated that by the time that is completed, t~e asbestos will have been removed from the first floor and then the ju~ges can move back into the chambers, which will have been decontaminated and ready for their use. He reported th'lt durinG th'lt thrce w<:!ck period, the County ~1ana:,er 'has worked out ~ schedule where alternate court facilities will he available to continue on " limited degree, by using the ß03rdroom for jury trial. He reporte·j that the schedule has [)ê'en subni'_ted to the judc¡es department, adding that on /1arch 11. 19n6, trailers and equipment will be set up and the parking lot closed. Hu indicated t'hat on MiHch 12, 1'186, the first floor will be preparerJ anrJ plastic hung: ~~arch 14 and 15, 19P6, the judges will be ~oved: "'arch 15, the second floor and sections of the first floor of nuilding RA" will be closed down for the asbestos removal: March 15-24, the asbestos will be rerroved and the second floor clean<:!d up: ~!ðrch 25-::16, air samples will be taken; ~arch 27-April 2, ceiling and floor work will be rlone as well as electrical HVAC rerair, pninting, an~ recðrpetin~: April 3-5. court- roo~s will he put back in order: "'arch 25-April 2, asb~st05 will be removed on the first floor; April 3, air samnles will taken on the first floor: April 5-6, second floor occppðnts will he moved hack into their offices; /lpri] 'i-7, .1shestos removtl crew 11111 pacl': up 2!nd !:Jove out; ilwl '·.rril 12, th,.' joh "ill bE: c:oJT:pl'~ted. CçfJr;~.,/ "ð~·17#!r l.'lIJ)oo!Jt;t..rl th",t hI! iIJ nrnf /'I(!"I'lnninq to lC'Y.J/( ðt II schedule thðt will to fer thu design of n new courthou8e which ~111 take about 6 mcnths and construction in a yei'!r and a half. He stat<:!d, therefore, that the judges will be in '1uildinq "A" for the next two Page 25 ~:".'-..' .. . . >: '" ..14.+''';~ 'f - .. ~ .. .' January 28, 19R6 years and if they are aoing to be th~re, it needs to be made useful. He stÐte~ that it will not h~ just removing aDb~st05, it will be rcplùcinn c~rpets. ceil inn, "n1 also some re~~~eling by re~oving walls to on<:,n w) mor" h"ilrinr¡ roor'1S f(")r some of th" ju-1'1e3. 'If! stated that sor-.~ of t!1f' people Iii 11 h~ mO'Je'l (To·,mst"irs perr'1"nently i:'1 or"er to ~a~e it a more useful huildinr¡ for the judges to he able to ~se for the next t'.o years. !!~ st.)t."J tr.ilt il~ this tir.-e, ,,-:. is recomr.H1wling that a ne~ huildinn be built for the jU~'1es close in ?r0ximity to r~ilding "A" for the use of courtrooms "nrJ juda'?s' offices .:In'] that ~uildi:",a "A" be used for 30~ethinq else. Co~r-iss~oner Voss sta"ed th"t p~rt of thin also involves r~habilitation of the present jail so that ~he ~ounty does not hÐve to builrl some new fncilities for occu~ants of th" jail, add inn t~at he will alno as~ tr.at the 10ard direct th0 Staff to proceed with architectural wor~ that is necessary to rehabilitate the pres~nt jail. He notecJ thùt a p.H~ of this r"cor.1nendation is that the carpe:ing that is inst~ll~d on the second floor be lo~-priced carpeting at S6.00 a s~uðre yard and that the ceilina tiles be 51.25 per square foot, which will waive the competitive bid because these prices are considera~ly lower than what could be obtained by bidding. Attorney Gcorn" Varn"doe, representing the Collier County Bar Association and members of the 20th Judicial Circuit thnt are located in Collier eou~ty, stat~d that he has alw~ys felt that this facility was inadenutlte for judg~s, witness rooms, law lihrary, "Ind jury. He stated that he is ple"se~ to see what is being undertaken this date. He stated that hi s CO:1cern was what would be done wi th the COllrtrooms and jud1'"S while the ~Iorl.: ~I'!S being undertaŸ.en. [Ie stated that hI! would li~e to see the Board mak~ a commit~ent to go forward with the design appropriating the necessary bond money to build a new courthouse facility for the judiciary. He reported that this is a vital function of government and the j~dges should be accommodated. Commissioner Voss stated that the architect is now working on a proposed layout that will have to be reviewed by everyone, adding that sp<lce will be provided for 10 courtrooms hut they will not all be finished at this time, but at least the County will not be playin9 catch-up. He noted that it will be sufficient for the necess"ry functions of the judici~l system in thi!! County. Com~issioner Voss moved, seconded by Commissioner Hasse and carried unanimously, that the general program regarding the asbestos ß~K 092 ":q 4.9 Paqe 26 &-;; 092 fl·,t 50 January ~P, ]qPh re~oval and the co~pletion of li~ited renovations of Building "A" be ~ approved. .. Commissioner Voss moved, seconded by Commissioner Hasse and f carried unanimously, that Staff be authoriEed to purchase the necessary carpeting at $6.00 a square yard installed and the necessary ceiling tile~ at $1.25 per square foot without competitive bidding since it is a continuation of the work that has previously been done. County I\anager Lus}: questioned if the judges agree with what is heing proposed, to which ~r. Varnadoe ßtatect that the schedule h~s been reviewed and it looks appropriate. ~e stated that the only question they had was whether nnyon~ Sh0Uld be in the huilGing while asbe~tos is being r~mcved, "dding that the judges will be moving to the first floor while asbestos is being removed from the second floor. Tape. t7 ~1r. nill Kysar, Constru-:tion r'an"lger, st~t~i th"t he haè thf! professional engineer fro~ the Survey Group on premises the previous day as well as the contractor that is to remove the asbestos and the corner areas do not contuin any asbestos ann the solið Hall that goes from slah to slah hetween thE first floor and the second floor does not have any asbestos. He stated that those areas will be cleaned. He stated that the first floor will he sea'ed off and the air condi~:ioning. equipment is separate, a<'lding that he has be~n Guaranteed that there will be no ashestt'1s fihres in those areas. Upon request of Commissioner Voss, Co~missioner Pistor directed that Staff be directed to prepare a Change Order and get a propo3al from the contractor for this work. Commissioner Voss moved, seconded by Commissioner Hasse and carried unani~ously, that Staff be directed to prepare the archi- tectural work that is necessary for rehabilitation of the present old jail. Commissioner Voss moved, seconded by Commissioner Goodnight and carried unanimously, that Staff be directed to proceed with preparation of plans and specifications for the new court facility building. Commissioner Voss moved, seconded by Commissioner Goodnight and carried unanimously, that Staff be direcled to meet all advertisement requirements for the regular meetings on March 18 and March 25, 1986, to be held in City Hall Chambers while the Judgell use the Boardroom. Com~issionf!r pistor ~uestioncd if the Board would be able to use their ROurdroom CurinG the ~Yenin~ hours to hold a hearin~ on ~andatory Page 27 - .. .. ( ~ , ;' R .__,,"" ,.".'"" ..,,, '""'""" "..."'"'~,,...___'~.... ,.-~"..,...."~-~"'-"....'-_... - .. .. , ;1,' . . .. . January 28, 19R6 Trash COllection, to which Judge nrous.eau indicated that the jury is usually dona by 5:00 P.M. and ho would,work something out that day. if ,~ nece.."ary. Commissioner Holland ~ved, seconded by Commis.ioner Voss and carried unanimously, that there be a public hearing on Mandatory Trash Collection on March 18, 1986, at 7,30 P.M. in the Boardroom, BUildingl, F, of the Courthouse Complex. ~ . Conmissioner pÍBtor stated that the workshop hearing that is to b : " I' held in I~mokalee will be determined next week. . . \~. ~.. ,~;oI;,,,, Commissioner Hasse noted that there are five Tuesdays in April an , '" ,I' there will only be four Board meetings, so instead of having the meeting in City P411 on April 1, 1926, it could be cancelled an~ held the last Tucsday of April instead. This was the general consensus and Commissioner pistor directed that there will be only two .eetings at City Hall, March 18 and March 25, 1986, and there will be no .eeting on April 1, 1986, but the last four Tuesdays of April the meetings will be held in the Boardroom. 'I tem US ROUTINE BILLS - APPR~D FOR PAYMENT Pursuant to Resolution through Friday, January 24, CHf.CK Df.SCRIPTIOH 81-150, the following ch-.cks were issuod 19a~, in payment of routin-. bills: CttF.:CK NOS. AI10UNT Vendors BCC Payroll Itell U6. BUDGET AMENDMENTS 86-129/133 AND 86-135/139 - ADOPTED 138393 - 138694 24536 - 25112 ~ . $646,855.42 $255,798.28 1;" ( Commissioner Holland moved, seconded by Commissioner Voss and ',' carried unanimously, that Budget Amendments 86-130, 86-131, and 86-:13,5;, be adopted. Commissioner Goodnight moved, seconded carried unanimously, that Budget Amendments 86-136/139 be adopted. by Commis.ioner Holland 86-128/129' 86-132/133, ~; I ,. :J: ****** Reces.t 12t05 P.M. - Reconvened. 1.30 P.M. ***** J - ~ ',.~ . . ) !,. Lt !DO( 092n~5I: .' ; . ~ '.. r ··:\t···, ¡. ~¡..~ '",_.:J~ .' W);,. fl l~;t.''I '. t ì ./...... ;) ~¡ .., f'"·'< . ,.,.... ~_.....",~~".....,,,..~;'"...,..,_~.__.~,........."''''',,.~ .;.··,;.;.H<-"~",_'."_'""''''· ",' ..~"="_..."".,.....".....,.,",~~.,.__,,,~_o__~~""""m 092piI".t 52 January 28, 1986 $2.5 MILLION OFFER HADE TO EAST NAPLES WATER SYSTEMS, INC. FOR SAID PLANT - COUNTER-OFFER IF FIRST OFFER IS REFUSED - APPROVED. RESOLUTION 86-13 AUTHORIZING CO~~ ATTORNEY TO HIRE LAW FIRM OF KARON, MORRISON' SAVIKAS, LTD. FOR VARIOUS CASES AND TO FILE COUNTER CLAIMS - ADOPTED County Attorney Saunders st~ted that it would be appropriate for Mr. siesky to go through in some detail what his client is willing to settle for and what the prices would be, adding that there have been sever:~'t::::~sJ::::. S!esky, rep'resenting 'East Pfaples Water S~steI!HI, :':'ifii.:'. . ; .' ..,.-.f Inc. stated that he will present facts and opinions, adding that this' , whole situation began 17 years ago when the County Water-Sewer District wa3 created for the purpose of providing sewer in two places: Sewer District ""." in !Torth Naples and Sewer District "B" in F.ast P1ap1es. Ite questioned if the purpose is to provide fot the health, safety, and welfare of .the people by getting them sewers or is the purpose for the C~unty to run the sewers, adding that they are not the same. ITe stated that in 196B, it was determined that there was a critical need for sewers in the East Naples area, which was reaffirced ~any timen after ~ that. He reported that in 1970, shortly after the sewer district was created, there was a resolution prepared which said that sewer systems were to begin in Sewer ~istricts "A" and "~", adding that Sewer District "A" was finally installed around 1977. He stated that throughout this the County has tried to rely upon other people to get the sewers installed for them, adding that when the District was, created there was a plan for developers in, Sewer District "1\" to put"in the sewers. He stated that this was never done and,the County ended up putting in the sewers. He noted that with regard'to Sewer District. On", it was always the intent for the County to join with the City, have the City er.pand its plant, and take the sewage froft this area. He stated that he would suggest that the County has gotten exactly what it has paid for, and that is nothing. He indicated that the County has' ~ studied the proble~ to death, noting that Black, Crow' Eidsness did a study in 196~: a pre1i~inary report was done in 1~69 and put up. for referendum: 1970 a wastewater collection syste~ report was done: another report done in 1976 by Blackþ CrO\1' Eiðsness: :1977 a Bimi1ar report was done for the City of Naples, and 1978 the 201 Plan was; I" adopted and Fewer District "S- was to be ..rved by tho City of Naples and Sewer District "e" was to be served by the Loly System. He noted that the East Naples System was scheduled for connection to the City of Page 29 .. .. .·_",....,..,_.._'"._,;_-i..."',·_;'''''''''_..~_,·"',iM,_iWtt··...,,.'",,'....~,......~,,_,.. f ~ .. IØ . , ., i I J January 28, 198fi Naples in 1<)80 according to the 201 Plan, adding that at this time, the , East N'.Iples Systel'1 had not been substantially ex!,anrJed. He st.aterJ that it ia interesting to note that on~ of the options stated in the 201 Plan w"s that various alt~rnative sources of actions were provided for the County ~nd the first alternative was the no action alternative. He statcd that it was sU11cstCrJ by the Engineer at that ti~c, that a no action alternative is often characterized by lac~ of direction, duplication of effort and facilities, waste of natural resources, and possible dt!gradation of the environment. p.~ stated that this was the option that the County chose at that ti'!le. He noted that the 201 Plan also spoke ~f the Conprehensive Plan that was adopted in 1974 because .. one of the purposes of th"lt plan was for the Utilities area to provide guidance to governnent and private enterprise in order to assist growth and develo!,>r.1ent. He indic.ated that in 1'.'81 the 201 Plan was recom- mended to be upèateò by the Engineer at the ti~e, '.Ind he sugqested that by 1990, the County w?uld need a 15,000,000 gallon per day plant for Area ·C" and the pl'.ln at that time was to use the Lely System as an interin facility until such tir.H! that it rP.ached its capacity and there was adeguate demand in the area. I!e noted that, alternatively, it was first sug')ested that East 11aplcs would serve Area "ß", and it was also sU9gested that if the County combined Areas "C" and "0" as is now proposed, that the County .'ould accelerate the r!emand for sewers in the area by 10 years. He st<lted that in 1983. there was a managem~nt report prepared by Arthur Young & Co., which indicated, regarding the utilities aspects, that unless the County Commission gives first direction to its staff, the County's utilities system will continue t~ languish, noting that this means that they were languishing at that point. He stated that on November 9, lQ83, the Heery report was prepared for the sout~ half of Area "8" which indicated a frustration in the Utilities area which was the result of no unified plan and only a multitude of studies. He stated that it was also suggested that the East Naples '~ater System was the logical plant to serve a large portion of the south half of Area "e". He stated that there were about 8 studies that were prepared in that period of time that shows that the County Commissio~ ~as been unable to make a decision and stick to it which resulted in inconsistent direction and actions of the Utilities Department. He stated that when the East Naples Water System made application to serve the south half of Area "n" through the PSC, that the County Commission was forced to pass a bond resolution in'!,) &OOJ. 092 !'~? 53 Page 30 &O~ 092p~,,{ 54 January '8, 1°8'; ðttc~rt to commence construction in this area. County ^ttorney Saunders stated that Mr. Siesky is indicating various opinions that arc his opinions, adding that he is not objecting to th~n or contradicting the~ in anyway, but he would like the record clear that staff is not necessarily agreeing with anything that he is sayinq or about to say. Mr. Siesky stated that East Naples Water System began its construction in the early 1970's and if the Board had gone forward Wi.&. > this plan at that time, based upon the studies it would cost E~st ~: Naples only about $100,000 in assessment costs. Pe stated that since that ti!:'e, East rlaplcs ~'ater System has invested trousands and hundreds of thousands of dollars in this system, He reported that in 1976 the Utility repartment was organized for the first time and, at that time, trcrc was some goals and objectives stated to be accomplished and one was that from 0 to 5 years, that the East Naples Water System would be purchased. He stated that 10 years has now gone by, and the East Naples Water ~ystem still has not been purchase~. He stated that other goals sti\ted wcre the purchase of Jlvatar facilities, 11arco Island facilities, Ca~ri Water works, and the development of sewer service in Area "ß". He noted that in December 1976, the Ci t Y of !:aples granted an exclusive right to !"sst r1aples "rater System to serve watrr in the Glades area, adding that the same day that this was accomplished, the County passed a franchise ordinance which required a franchise for East' Naples Watcr System. He noted that in September 1977, there were a number of co~munications between the attorney's involved indicating that East Naples Ilater System does not want sewer treatr.1ent as it has its o....·n plant. He reported that in Jam:ary, 1979, the same thing was reiterated, but if the County wants to take it over, East Naples Water System should be co~pensated. On January 30, 1979, r'r. Sam P.ubschJllan "skcd for a time table as to ,.,hen sewer ,",ould be cro'lided in rast ~aples becðuse he did not want to invest any r.1ore money in his sewer system if the County was going to take it over. P.e reported that on February 1, 1979, it was again stated that East tTaples ",ater System did not need sewer service and asked what th~ County's position was. He ¡ndic~ted that on February 5, 1979, the Utilities Department responded that th~y did not t.now w~at the County's J:'Osition was, adding that in February, 1<)81, F.ast ~'aples T~ater System again as!<:cù for exclusion from Area "B". P.e renorted that in October, 19P.l, East naples \o,ater System was issued stop work orders because they were goinS to hook up Page 31 \ R:' ,."", '!;(I: " ìiI .. iïï -- ... ;01' .""'__''''_~'__~'''''"''__~'.'''''''''~'''__ III .. - . . , . ¡ , / Janu4ry 2A, 19A6 La Kewood . He stðted thl'lt on OCtober 8, 19a1, Fast Naples ~ll'1t(!r System informe~ the County th~t it was involved in a feasibility stu~y to expand its plant An~ ~rea, and that same month the County Commission was ad'1IßerJ th'lt fast naples ~later SysteM was un~er franchise an" the BCC approved tìV2 conn~ction of LaKewood to Fast Ua!,les \>ater ~y!!tem. He r~iterßted that in recember, 19Q1, the ~la<ies requeste~ a franchise. Tape '8 Mr. SicsKY rcoorted that on '~ay 6, 19~2, Comndssion-.r Kruse wrote a memo that staterJ that she was willing to give 'East Naples ~later System a franchise to ser7e Brookside ðn<i Kelly Road, and another memo from Commissioner pistor stated that he would vote against such an issue. P.e indicAted that this same month, P.ast ~aples Water System brought a !!uit against the County under Ordinance 76-71, whic~ was the~ franchise ordinan<:e. fie noted that on October 12, 1982, the BCC aSKed that the purchase of the East Naples Utility be placed on the agenda and October lA, 19;12, Fast Naples ~later System was contacted to determine if they '''Ante,) to sell. He reported that in ~arch, April and May of 1983 letters were written asking for franchise consideration and there was finally a meeting set for June 6, 19A3. He stated that on June 1, 19~3, the Cou~ty adopted a policy to acnuire all private utilities and on July 27, 1983, it was indicated that any franchise that was to be negotiated would have to have a purchase formula and the lines would have to be deeded to the County. He noted that October 4, 1983, Commissioncr pistor indicated by memo that he was against a larger service ar~a for the East Naples Water System and recommended that the County purchase !~arco Utilities, !ast tlap1es Water System, anti Lely, adding t~at Oc~ober 16, 1983, the Board denied the East Naples Water System petition for a franchise. He noted that on December 3, 1983, the Board pu~ the purchase of the !ast Naples Water System on the bacKburner and èecided to pursue the purchase of De1tona. He stated that the Board was advised that East Naples Water System continued in its willingness to negotiate a settlement and a sale. He indicated that on June 3, 19Q4, the Board voted to offer a franchise to East Naples Water Syste~ and on February 14, 1984, a franchise, which was unexpected, was offercd to East Naples Water ~ystem. He stated that was a fiv~ year franchi3c as opposed to the 30 year franchise that had been granted to Avatar, ~arco Island, and the other utilities in the area. County Attorney Saunders stated that he wanted the record to - 0921'J~ 55 Page 32 ð I!1)K ~. -~-"",,,-,,-,_.,*"-..,,,,,,,,,.,,,-,,.,,,-<,,,,,,.,,..,,,,,,,,'-'.""''"''''"'''''',-".~",,~-,. ".~ ~O; 092'A'-t 56 January 28, 19E'fí reflect that the franchise that was granted to the other utilities wcre also old franchises. Mr. Eiesky stated th~t on February 19, 19P4, the Board authorized its consulting engineer to evaluate the East ~aples Water System for purch~se, adding that it was never acconplished in th~ sense that the BCC intended. He stateñ that there was a prelimina,ry report and investigation prepared in 1985, more than a year later. pe noted that on February 17, 1984, the Board approved connection of Courtland Plaza to Eðst lJaples Water gysten with the County lines and the customers to be East Naples Water customers. He noted that the County was informed of F.ast ~aples willingness to discuss settle~ent in Auqust 1994 and at the same time, the County was considering a auick-take condeMnation of th~ systcm. He stated that Hole, I~ntes provided a value of the ~uick-take in October, 1984, in the amount of $4.5 million. Pe ihdicðted that on October 16, 1984, the County }\ttorney was directed to continue negotiations and on January 9, 1985, the County Attorney advised ~!r. Shapple, representing East Naples Water System, that the County was no longer interested in purchasing the system, but a franchise would have to be neqotiated. He reported that on ~anuary 23, 19'35, ð draft franchise w<!s provided to "r. Saunders and on Fehruary 20, 1985, an offer to sell the system was made for the amount of $12.4 million. He noted that on March 7, 1985, negotiations and valuation of the plant were susgended until such time as East Naples would start with a lower selling price. He noteð that the preliminary investiga- tion was conducted and a report prepared April 18, 1985, which indicateñ a value of $3.5 million as opposed to the $4.5 million that was done by the same engineers for a ~uick-take. He stated that on April 25, 1985, the County decided that they could not afford the purchase and on JUly 14, 1985, East Naples ~ater System applip.d for a s~rvice area to the PSC ðnd 16 days later, the County issued its bond rcsolution. He reported that on September 7, 1985, he agreed to bond validation proceedings if the County would not object t~East ~aples ¡'later SY!ltem's proposed service area. He noted that a Attlement offer was !H1bmitted on ~eptelllber 17, 1985, which cHscussed County Attorney Saunders' prior offer to purchase the system for $5 lIIillion provided the rast Naples Water Syste~ would install a 4 million gallon per day plant in addition to the two plants that thcy already had, plus ðll of its land. He stated that he compared thðt offer to the report that h~....~, becn prep"red by the County's own engineer which l!Iuggested that a 4 J' Page 33 ~, ,,Þ';,: ':. IIIIÏI .. Iïï - - .. .' I I January 28, l~ß6 millio:1 gallon per day plant. should be worth ahout. $10 million by itself. !1e noted t.hat. on O-::t.oher 9. 19:5, Mr. Saunders int1icat"d a counter-offer th~t could be recommended by st.aff, adding t.hat it was not much Q! an offer. He st~ted th~t this brings th~ Commission up to date and to his offer which is that the East NIIPles Hater RysteJII. the East Na?lcs $e'.cr Syste!:1, the p.ast ~lapletl effluent dis¡>osal system which includes spray irrigat.ion. and the polishing ponds consisting of 78 acres, adding that the total price for this iA $lO.R million. He noted tnat if the County did not wish to retain title to the land uW:'c th~ sew~r plant, II credit of S900,000 could be accepted which would reduce th~ purchase price to S~.9 ~illion IInd if the County did not wish to Qurchase the extra 52 acres, the price could be reduced by $1 million for a purchase price of $~.8 million ant1 if both of the alternatives were chosen, the purchase price would be $8.9 million and in addition to that, there would be approximately $3 million in impact fees received over the s~cceeding years. He stated that the plant an~ lines are v~lued at $9.6 million, which does not include land. He stated that one of the prooleMs in settlement that he has found is th"t Staff does not know what the Commission wants. He stated that there are at least eight different times that the County Commission has switched from franchise to purchase. He stated that an absence of direction has made it difficult to negotiate a sale or a settlement because he does not know what the County wants. He stated that he objects because the County has never mad~ a settlement offer. adding that another factor that should be considered is litigation costs .s they accrue for both parties. He noted that the Board has been guilty of failing to give adequ"lte direction to ita staff or giving conflicting direction or maybe Staff has not followed the directions, adding that the result of all that is that 17 years later there is still not a sewer system in Area lOB" and while the County has been doing nothing, the private enterprise area has beèn busy constructing lines and sewer treatment plants and Ea~t Naples Water Syst~m is now poised to serve the entire south half of Area lOB" He stated that East Naples Water System has the capability and the County now has to deciðe whether they want to provide the service or whether they are willing to let Fast Naples Wat.er System provide the service. He noted that in his opinion, the County should either buy the system or get out of East Nnples Water System's way. He noted that if a counter-offer is to b~ made, he would request that it be written that the County Com~ission ðD~ 092fY-t 57 paqe 3" &011J. 092wl 58 .1anuary 2f1, 1986 give detailed directions to its staff as to what the counter-offer should be and that the County Co~"ission approve the counter-offer before submission to Fast Naples. County ~ttorney Saunders stated that ~r. 51esky went through a lengthy discourse on various facts and opinions and the reason that the County is at this point is that the County is now involved in eight lawsuits filed with Fast Naples Water Systems. H~ noted that he finds it interesting that there are not any other lawsuits that the County is involved in with developers or utilities in which da~ages are being sought. He stated that he feels that the direction from the Co..i.sion was clear in 1984, which was to investigate the purcha.. of this .y.te~ and the County staff has spent untold hours in doing that. but the problem is when one is dealing with a $6 or $7 million difference in the asking price of the Utility for what the County has determined the utility to .be ~Iorth, it is difficult to reach a middle ground. Utilities Administrator Crandall stated, with reference to purchasing East tlaples Water System, he would have to ask where the money would come from. He stated that the only information available is what the County would COMe up with for bonding, which was a value of $713,000, based on the revenue that is generated from the system at that time which was April, 19~5. He noted that anything above $713,000 would have to come fro~ other sources and the Board would have to address that. He noted that in April, 19P5, the master plan for the sewer had not been co~pleted, adding that it is to the point where he ~nows where the best alternatives would be for the sewer plant for tha south half of Area "8". He stated that it has been recommended by the consultants that it be put in the vicinity of Rattlesnake Hammock poed and S.R. 951. He stated that a study was done on the Fast Naples Water SYf'tem based on their rate case and it indicated a lot of fact. and figures, but it did not indicate system value in ~mount of lift stations or ~anholes. He stated that it is his opinion if East Naples h'ater System was aC'lui:"ed it would be a temporary, interil'1 system, and being an interim system it lessens the value. ~e noted that there is a li~itation at the ~ast Naples Water SY8tp.m facility regarding land, adding that the County would not be able to expand it to the point that is needed for the customers that are in the area. County 11anager Luslr; stated that the regional plan':. that will be built will start out at 4-5 million g~llons with the ability to go to 16 million gallons, and because o~ that type of design, any other plant Page 35 , ~ ~ /'. .....1 ..,þ.:' - - .. ""'._.A."'_.', ... ," .. .. .. " ) I 1 January 2A, 19R6 thaL is being used would be closed down within a five year period. In answer to Conmission~r Voss, Mr. Siesky stated that they expnnded their pl~nt because it was a minimal expenditure an~ in order to expan~ the plant to treat its own area it was almost as economical to expand it to the full capacity. Utilitl s ^dministrator Crandall stated that in his opinion if East NIJ.ples ',later System w.ere to serve Area "ß", the plant would have to be enlIJ.rgcd again. commissioner Holland questioned how ~any sewer customers are in the Lely area, to which I·r. Crandall replied 1400. Commissioner Holland questioned how many custo~ers East Naples Water Systems has, to which Mr. Siesky replied 1500 in wftter custo~ers, 2200 in sewer customers. Mr. Sie~ky stated that if you look at the size of the East Naples area, Naples Park area, and Golden Gate City area, they are all about the sane. He stated that Avatar treats r~ld.n Gate City; Sewer ristrict "A" treats principally Naples Park, and East Naples Nater System treats the Glades/Lakewood area. Commissioner Holland questioned how L 2 million justified with 1400 custo~ers and the bonding of the could only stand $700,000. Utilities Administrator Crandall stated that the money for Lely was not bonded, adding that a loan was obt4ined from the Developer and the first payment is to be made a year after takeover. He stated that as far as East Naples Water System is concerned, there is about $700,000 of bondable assets that they want to sell for $lO.R .1llion,> or $8.9 if you take off credit for the 52 acres and the water and sewer plant land. He stated that this is about ten ti~es as !Iuch as the County would be allowed to bond. He stated that with Lely, the County could have bonded at least half. In answer to Com~issioner Holland, Mr. Crandall stated that it is estimated that 50 acres of land will be needed for the regional plant. County Attorney Saunders stated that he has no comments concerning the offer, adding that the Executive Summary dated January 28, 1986, explains the Staff position on the various offers of settlement and ftaff recommenðation is to reject those offers of settlement. He stated that there is a counter-offer contained in the Fxecutive Summary dealing with a service area and to purchase bulk rate sewer service from the utility. ~1r. Sies)o:y stateñ that when customers were considered by ~Ir. gallons citn be East Napl~s plant -, ~ 092n·¿ 59 Page 36 &00'{ 092 r:.r,( 50 January 2P., 19A6 Cranñall, the evaluation did not consider the customers that c~uld be hooked on to the existing East ~aplcs Water Treatr.tent Plant, lI':!ding that the evaluation that was presented by his consultants considers the additional customers that are reaðily available from Foxfire, Kings Lake and the surrounding areas. County ~Ianager ,usJc stated that the County already has those customers at Foxfire, adding that the County is paying off $100,000 that they purchased the plant for and, therefore, that cannot be considered along with purchasing East Naples and using those custo.ers as those customers already belong to the County. Mr. Siesky stated that the County does not have customers in the Shadowlawn area, Brookside, or Kelly Road. utilities Administrator Crandall stated that the negotiations are too far apart to be workable. Commissioner Voss questioned if there was a value ~ade of the plant without customers, to which Mr. Crandall stated that it was based on Fast Naples 1'later System's request for a rate increase and it was not based on any actual physical properties, so they did not come up with any such value. Mr. Siesky stated that the valuation based on the rate increase was $3.5 million. He noted that it discounted the existing capacity of the system, did not include the additional 52 acres of land and used a discount factor of 10\ as opposed to 7,75\ that was useð by his consultant. Tape .9 Co~missioner Holland questioned 1f East Naples Water system was offered $5.5 willion? County Attorney Saunders stated that he has always taken the position that only the County Commission can nctually mnke an offer of settlp-ment. He stated that when he gets involved in settlement negotiations he always tells the other side that this is something that hc will r2commend, but the Board will be the ulti~ate entity that is going to r.ake the offer. He stated that ^s far as any particular offer, he would say that any disco.sions that were had concerning any offers wcre only discussions that were brought back to the Board. County Attorney Saunders stated, with regard to a quick-take issue, an evaluation is done of the system and then a certain amount of money is paid to the court, then a jury trial is held on the evaluation and if the estimate of tne evaluation 15 correct, then there is title Page 37 - .. '(~i:'''' !:.i , '. '~\;.:..ÌÓ' .þ"~.. . "ì', ;...;-, ~" ~~-~ ~ .. . ... . ,. ., } I January 2a, 19R6 for that amount of money that is paid in the court, but if the estimate is low, th~n not only is that amount paid, but the additional amount i. paid plus interest. !~ stated that the reason that a settlement involving quick-tak~ was never worked out is that the Plaintiffs wholeheartedly would not agree that the County had the legal authority to quick-t~k~ chat property, which meant that the County would not have only liti7ated the iRsu~ of value, but also the issue of whether there was a right to take the property or not, ad~ing that this was an unacceptable risk for the County to take so it never went any further. He stated that the County believed that they had the right at that time but, with the ri~k if the County had litigated and lost, the County would hav~ had to pay all the costs for both sides in the litigation and th~ evaluation and the County would not have had any utilities. COJr.!;\issioner Holland stated that it is time for the Conmission to offer a s~ttlement for a certain amount of money and let Fast Naples Water System deCide if they want to accept the offer or not. County Attorn~y S"Iunders stated that there have been ,numerous meetinqM in which both p"rties discussed settlement, but the difficulty is that there is more money that is being asked for the system than Staff feels that the system is worth, adding that he does not know how to arrive at a price under those circumstances. Com~issioner Holland stated that costs are going up and up by keeping Staff and everyone tied up on this thing. COMmissioner Voss questioned what the customer base would provide in bonding capacity, to which Mr. Crandall replied $713,000 as of Tlpri 1, 1985. Commissioner Voss stated that he would move that the County offer $713,000 pluG whatever change there is from April, 1985, to the pre.ent time. Mr. Siesky stated that bonding i. not the issue, fair market value is the issue. County M~nager Lusk stated that as far as the bonding it is what could be bonded on the system itself, adding that there are other things that could be pledged to bring it up and it is of more value to this County than $700,000 for that plant. He stated that there i. capacity that could be used for the next four or five years before a new plant comes on line. He stated that the County has to look at what the value of that nlant is to the County and then if the County can com~ up with th,,~ Money, adding t11at the fi1urc would be more like 52.5 ðllOK 092 p,v:-!: 61 I?age 38 &001( 092f:r'?- 62 January 'A, 1986 ~illion. ~e stat~d that the $2.5 million offer would not he accepted, but thi1t If! the value of that system to the County. He øtate1 that there are 1400 customers in Kings JA~e right now and that would be used to pledge another 5500,000 and there is also Lely that could be pledged. f1r. Crandall stated that the value hall changed since because of the master plan and the plant ill definitely an plant, adding that it is cURtomers that he is looking at, be worth about $2.5 million maximum. Commissioner Vcss stated that he would .a~. a motion that $2.5 April, 1985, interim so it would million be offered. County Attorney Saunders stated that it needs to be ðiscussed what the $2.5 million is being offered for, as there is a lot of land involved, physical facilities, and custo~ers. CountY ~anager Lusk stated that it should b~ based on th~ same type of a3reement as with Lely and Poxfire where the land is turned back over after a certain period of time. l1r. Cranr.all stated that assuming that the offer was accepted, the justification and the need has to be shown, adðing that there is certain criteria that ~ust be met. Commissioner Pistor indicated that he had received a letter from Colonel Beebe, President of Lakewood Civic Association, which he read into the record that indicated that they support the counter-offer as prepared by the County Attorney with mixed emotions, noting that public interest must be paramount to the private interest anð all ordinances must be ~nforceð. He referred to the plant being too high a price and the wrong size and wro~g location. Commissioner Pist0r stated that in 1978, the County Com~ission was ready to purchase the system through a Farmers Home Loan which was rejected and it was then put off because the cost of borrowing money was too high at that ~~me. Commissioner Voss moved, seconded by Commissioner Goodnight, that $2.5 million be offered based on the same type of agreement that there is with Foxfire and Lely and pending all the necessary requirement. a. required by law. Com~is~ioner Polland stnted that this is just going to prolong the issue. Commissioner c,oodnight stated that she would li~e to see this matter resolved and if they are not interested in the $2.5 million, Page 39 '~".i.."" :~, .' . ,'~ - .. "'~~;~. . - .. .. . .' I , ; I " January 28, 198~ then thp. counter-offer should be ~ade. Mr. fiiesky asked for clarification a. to what the offer include.. Commi5sioner pistor stilted that the offer includes all that is neces- sary to run th~ plant and the polishing ponds which is part of the 78 acres. ~Ir. Crnndall stat'!d that the percolation ponds would be needed and whatever the acreage is for those ponds. Mr. Siesky questioned if it included the effluent pon~ and the additional 52 acres that are not currently effluent pon~s? r1r. Crandall stat'!ld that the 52 acres would not be required, adding that it would not include the 52 acres. ~r. 5iesky questioned if it would include the effluent distribu- tion pipe line for the spray irrigation to golf courses, to which Mr. Crandall replied affirmatively. Mr. Siesky questioned if it would include the land beneath the water and seHer plants, to which f'r. Crandall stated that there would have to be acce3S, but it would not be needed p'!lrmanently, adding that there could be a reverter clause. Mr. Siesky stated that it includes no rent for the time that it 'lIould be used, to which r1r. Crandall replied correct. Com~issioner Goodnight questioned if the property that the plants were sitting on has been leased from some of the other plants, to which County r·lanager Lusk stated that the effluent that is returned to the golf courses will be considered the lease payments. Commissioner Goodnight stated that the property that the plant ta sitting on is not going to be owned by the County, and questioned if the County will lease it or if the agreement will be that at the end of the time period, the land will be turned back to the owners. Mr. Crandall stated that the lease is exactly the value of the effluent that is being provided for the goif course. He note1 that the land would go back to them when the County i8 through with it excapt for the pump station site. County Attorney Saunders stated that to clear up the record, the motion should include that this offer will be made in consideration of the dismissal with prejudice of all lawsuits that have been filed by East Naples and the bond validation and there would also be a general dismissal of ~ny claims that have accrued since the filing of those lawsuits. Commissioner Voss indicated that he would like the stipulation of :,i ..' '., ..l ~* 092ng 53 Page 40 , . a';; U92 P1r-t 64. january 2A, the County Attorney included in his ~otion. Cor:missioner ITa sse questioned if Hr. Siesky accept this offer light now, to which Mr, Siesley adding that he has no authorization to accept or he has conferred with his client. 19f16 would be prepared to replied negatively, reject any offer until 11r. erandall stated that he would like a stipulation that if an offer is made that there be an answer received within a period of time. Tape 110 Commissioner Voss stated that he would place a ti~. period of 60 days. Upon call for the question, the aotion carried 4/1, (co~.issioner Rolland opposed). Commissioner Voss moved, seconded by Commissioner Goodnight, that if East Naples Water Systems, Inc. does not accept the first offer that it be counter-offered as set forth ih the Executive Summary dated January 28, 1986. ~lr. Siesky indicated that the counter-offer is too vague to deal with. County ^ttorney Saunders stated that the Executive Summary does not go into any detail, adding that the concept is clear and Mr. Crandall can work out additional language as to what is bein~ discussed in this franchised area. Commissioner pistor stateð that if it is necessary to revert to the counter-offer as proposed by Staff. that it be brought back to the Board for acknowled~ement and full detail. County Attorney Saunders stated that this offer would have the same provisions concerning dismissal of lawsuits. Upon call for the question, the motion carried 4/1, (Commissioner Holland opposed). County Attorney Saunders said that in the event that the offers of settlement are rejected and the County's countpr-offer is rejected and because of the time delay in having a response from the Plaintiffs, he would like the Commission to adopt a resolution authorizing the retaining of the law firm of Karon, Morrison ~ 9avikas, Ltd. to assist the County in case numbers as detailed in the resolution and also to authorize his office to file counter claims when it is deemed necessary to file counter claims regarding those case numbers. Commissioner Rolland moved that this resolution be denied as there are already fcur attorneys in the legal department that could work on ,: .. Page 41 ¡:: - .. .. -t- _.}~, Ut' ,.''': ."',1":f1l/' # ~ .. .. .. . I'· ., í January 28, 1986 this matter. He stated that it costs enough by ~eeping it in house. County Attorney Saun~ers stateð that in various lawsuits the Connissioners ar~ na~ed as individual defenðants and it is his opinion that he does not hilve the nlln?OWp.r or the facilities to properly litigate the~c cases, aà~ing that if the Commission desires to reject thiß resolution, hI! cautions the Commissioners that they are lIuhmitting themsclves to the! potential for liahility and also the County. Mr. Crandall stated that this will be a fiscal impact on the Utilities Division budget, and he needs to know how much this will cost. County Attorney Saun~ers stated that he cannot estimate what the cost will be for outside counsel, adðing that a lot ðepends on how far thc County goes with the litigation. He stated that it is an area that is difficult to estimate. Connissioner Voss stated that if the lawsuits are lost, there is a greater liability. Mr. Crandall stated that he would like the aoar~ to be aware of how mu~h is bcing spent and to give ðirection as to where the money should come from to pay for the outside counsel, County Attorney Saur.ders stated that during the 60 day period there will he a lot of activity in preparing for trial. Ilr. Crandall stated that there is a lot of time spent on these cõses from the ~ttorney's office as well as his office. Commissioner Hasse seconðeð the .otion and upon cftll for the question, the motion failed, (2/3, Commissioners Voss, Goodnight and pistor opposed). Commissioner Voss moved, seconded by Commissioner Goodnight and carried 4/1. (Commissioner Holland opposed), that Resolution 86-13 authorizing the County Attorney to file counter clai.s when deemeð necessary and to hire the firm of ~aron, Morrison, anu Savikas, Ltð. be adopted. 11r. Crandall stated that he would 1i~e to present to the Board what the Utiliti~s Department limitations are. County Attorney Saunders stated that during the rest of the fiscal year, he would estimate that there will be another $70-RO,OOO more spent than what has already been spent and maybe more than that. He noted thðt äince the Karon, Morrinon, Savikas fir~ ha~ been retained, he has srent about !;40,OOO which has consisted of getting the Federal Court to stay the proceedings in a Federal Court, the'County has aOIK 092f'&~ 65 Page 42 ; " &OO~ 092m{ 66 Jnnuery 2A, 19136 defe~ted nu~erous motions for summery ju~ge~ent filed by the ?laintiffs, and he believes that he has gotten a fairly good hendle on the litigation, which he feels is quite a bit accoMplished in e short time. commissioner Goodnight stated that the County either pays what East tlaples Water System wants or the County has to ðefend themselves in court, and there does not seem to be a choice one way or the other and if outside counsel is the way to go, then this is what the County should do. Commissioner Voss stated that F~st Naples Water System was given 60 days to reply one way or the other and it should not take that long a time and, during that time, a lot of money could be spent. lie stated that the time period could be reduced to 30 days. Commissioner Voss moved, seconded by Commissioner Hasse and càrried 4/1, (Commissioner Holland opposed), that the acceptance or rejection offer be 30 days instead of 60 days. (See pages16"-7t, Item tI8 PARKS & RECREATION ADVISORY BOARD APPOINTMENTS - DANIEL MONACO, DIS- TRICT 2: CHARLES STEVENS, DISTRICT 3, SCOTT E. MCQUILLIN DISTRICT 4 Administrative Aide to the Board Israelson stated that the ParKs' Recreation Advisory Poard recommended that nr. ~enie1 ~onaco be reappointed and that Mr. Charles Stevens be appointed in place of ~r. Caballero who is resigning and that Mr. Scott E. McQuillin be appointed in plùce of rf.r. /1yers who is also resigning. Commissioner Goodnight moved, seconded by Commissioner Hasse and cerried 4/0. (Commissioner Holland out of the room at this time), that the following people be appointed or reappointed to the Park. , Recreetion Advisory Boardl Daniel Monaco reappointed repre.enting District 21 Charles Stevens appointed representing District 3, and Scott E. McQuillin appointed representing District 4, and that Mr. Hank Caballero end Hr. Richard Hyers be recognized for their fine work during the past years. Item tI9 COMMISSIONER GOODNIGHT AND ONE OTHER PERSOS TO ATTEND THE ENVIRONMENTAL RESOURCES COMMITTEE MEETING (SACC) IS ORLANDO ON FEBRUARY 6, 1986 commissioner pistor steteò that Commissioner Voss has a ~ecting on February 6 that lasts all day, adding that he has one on February 6 in the afternoon and Comnissioner Goodnight has one on February 7 in the ~orning. He stated that he has asked Commissio~er Goodnight if she Page 43 Ji;, ....."'... ..~"~ .. .. .. .. .. " ~:r. . . , - :' Janu~ry 28, 1986 woulù be willing to sit in on all of the meetings as best she Cðn, adding that he will also as~ the County Manager to have someone from Staff to go to assist Co~~issioner r~night. H~ noted that Commis9ioner Vo~s cannot atten~ ~nd neith~r can he. He stated thðt the me<!t ings woulò cO'/er Social Services, Revenue Sharing, Change in Homestcad r.xemption Laws, and how the cost of m~nñatory trash collection can be collected. commissioner Voss moved, seconded by Co..issioner Hasse and carried 4/0, (Commissioner Holland out of the room), that Commissioner Goodnight and one other person attend the Environmental Resources Committee meeting (SACC) in Orlando on February 6, 1986. Item 120 RESOLUTION 86-14 REAPPOINTING HR. WALTER ROGERS TO THE COLLIER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY - ADOPTED commissioner Voss moved, seconded by Commis.ioner Has.e and carried unanimously, that Resolution 86-14 reappointing Hr. Walter Rogers to the Collier County Indu.trial Authority be adopted. " , " , I' "';',1 , .. Ì- j ~ B~ OJZWÆ 67 Page 44 ", i¡(", . 'I" , ~;:;:~3: . , " ")~ .;"::. . """. ,-'" . , - .. .. . , ... í J, January 28, 1986 Item t21 FISCAL OFFICER INSTRUCTED TO USE THE $68,500 RACING TAXES NOT PLEDGED AS COLLATERAL FOR A $580,000 LOAN TO PINANCE THE CLAM PASS BOARDWALK AND RELATED IMPROVEMENTS Ço~~issioner ristor state<'l that Fiscal Officer Gilcs has supplied th~ 'JO,Hri 'áth the a1rount of JIIoney that is not ohligater1 fro", the State as part of the pðri-~utue1 money, adding that ~oney is needed for the bo~rr1~~lk access to the park in Pelican Bay. He stated that with $62,500 of the race tax money that is available, it could be used to fi:1ðnCC $5::10,000 for 17 yc'!rs which would help to pay for the boardwalk and other related improvp.ments to Clam Pass. In a:1s'.er to CO!11:T1i£:sioner Goodnight regarding the School Board's share of this money, County Manager Lusl<: stated that this is not new money, adding that it has ~een in the County's budget for a long time and for the County to lose that, it will reflect in the tax rate. County !·lani1ger Lusk stated that the only question he had regarding t~is matter is why the :oan is set up for 17 years instead of 20 years? Fiscdl Officer Giles stated that the reason for the 17 years is that this represents t]-,e portion of t.he racing money that is not pledged and what is pledged is pledged throuqh the year 2003 which is 17 years from now, aùùing that if there is another loan obligating the rest of the rdcing money, both loans will come due at the same time and it can then be used for a new use. Commissioner Voss .oved, seconded by eo.aissioner 8ass. and carried 4/1, (Commissioner Goodnight opposed), that the Fiscal Officer be instructed to use the $68,500 racing tax.s not pledged as collat.rål for a $580,000 loan to finance the Cia a Pass Boardwalk and related improvements. Fiscal Officer Giles questioned if. there has been a resolution received from the outside bond counsel regarding this matter, to which County Attorney Saundcrs stated that he has not received it yet, and he will check on it. Tape H1 Item t22 CONTRIBUTION IN THE AMOUNT OF $783 TO NACO FOR CONTINUED EFFORTS TO SUPPORT THE FEDERAL GENERAL REVENUE SHARING PROGRAM - APPROVED COl'1missioner pistor stated that the County gets approximately $800,000 a year from the Federal Govcrnment and that the Federal Govern~cnt is talkinn. ahout changing their tax laws and eliminating aoOl( 0921'm 69 Pagc 45 .., ;',' .. '-.1 ^' ,. ;; 092w~ 70 January 2~, 1986 revenue Gh~rin9' He stated that the ~ational hssociation of counties has as~ed ðll counties in the United states that are members of the Association to contribute 1/10 of l' of the a~ount of m~ney that the County receives from the Federal Revenue Sharing program to help them lobby in order to get the Federal Government to continu~ this program. He noted that Collier County had a cut this year in the amount of revenue sharing that was received. He stated that he would recommend that $7eJ be contributed to nACo to 8upport this program. Commissioner Voss moved, seconded by Commissioner Goodnight and carried unanimously, that a contribution in the amount of $783 to NACo for continued efforts to support the Federal General Revenue Sharing Program be approved. Item t23 SUPERVISOR OF ELECTIONS AUTHORIZED TO USE BALLOT TABULATION EQUIPMENT PROVIDED BY SOtrrHEFN GOVERNMENTAL SERVICES FOR THE 2/4/86 UECTION Commissioner pistor stated that he has seen this equipment in operation and it is an improvement over what has been used. adding that it has been approved by the State Government and he would recommend that the Supervisor of Elections be authorized to use this equipment. Commissioner Hasse moved, seconded by Commissioner Voss and carried unanimously, that the Supervisor of Election, be authorized to use ballot tabulation equipment provided by Southern Governmental Services for the 2/4/86 election. Item t24 NAPLES DAILY NEWS SELECTED TO ADVERTISE DELINQUENT TAX ROLL Purchasing Director Thiele stated that the ~taff recomMendation is bAsed on what they feel is the best way to advertise. which is the largest paid, audited newspaper serving Collier County. t1r. Robert Smith of the Naples ~aily News presented a circulation sheet to th~ Board stating that for the past several years the Naples rùily News has becn selected to advertise the delinquent tax roll. ~e r~portcd that the Naples Daily News is audited by Anc: they are tne largest ncwspaper serving Collier County: the circulation for Collier County ~nding teceMber 31. 1985, was 35,581: in the City zone 86\ of the houses are covered ~aily and ~OO, on Sundays: and the Naples Daily News is ranked 5th in the United States for market coverage among all audited newspapers. He stated that the delinquent tax roll will be seen by subscrihers of a paid paper, adding that the free distribution Page 46 . :\".~. ~.; ~'~ì·· ~~¡'; . . ....,. . .. .~.' , )~è: .', l·<.f~, - - - - ~ .. " , J J , January '-8, 198G papers may not ~a read even though they are given to every resident. He state1 that if ona pays for a paper, they will usually rea~ it. He stated thðt it is in the best intorest of tho t~xpayers to have the list circulated ûs ~iðe1y an~ efficiently as possible and, therefore, the ~aplp.s raily liews should be the newspaper thût is selected. Commissioner Voss moved, seconded by Commissioner Holland and carried unanimously, that the Naples Daily News be selected to advertise the delinquent tax roll. ..... Commissi~ner Voss moved, seconded by Commissioner Goodnight and carried unanimously, that the following items under the Consent Agenda be approved and/or adoptedr ..... Item .25 RECORDJl.TION OF SIDEWALK AND RIGHT-OF-WAY EAStMENTS AT THE CORNER OF Jl.IRPORT Jl.ND PINE RIDGE ROADS See Pages '77- 79 Item '26 SUPPLEMENTAL Jl.GREEMENT TO THE CONSULTING LANDSCAPE ARCHITECT SERVICES AGREE1-\ENT WITH MCGEE , ASSOCIATES, INC. FOR THE GOLDEN GATE PÞ.RKWAY BEAUTIFICJl.TION HSTU See Pages FO - f"f- Item '27 RESOLUTION 86-15 ESTABLISHING A "NO PARKING ZONE" ALONG SEW HARVEST RD. See Page f'.-~ Item .28 RESOLUTION 86-16 ESTABLISHING "NO PARKING ZONES" IN MARCO BEACH UNITS 12 AND 23, ALONG SOUTH COLLIER BLVD. AND SWALLOW AVENUE ON MARCO ISLAND See Page p ~ Item t 29 APPROVAL OF BUDGET AMENDMENT TO RECOGNIZE ACTUAL CARRY FORWARD IIiI FUND 102, MSTD ROAD DISTRICT 1 Item t30 CONTRACT WITH DEPARTMENT OF HRS lOR REVISION OF CONTRACT FOR SERVICES UNDER COMMUNITY CJl.RE FOR DISABLED ADULTS PROGRAM See Page ?'7 aoll'( 092~'.t 71 Page 47 t -J, ! "..._",..."..'.._,_.-"'-"'-;"_.....-''''''''''~.,..._"''.. lOOK 082 PAGr 72 Itell .31 ¡ January 28, 1986 AMENDMENT TO CONTRACT WITH AREA AGENCY ON AGING FOR OLDER AMERICAN ACT FUNDS TO CHANGE EFFECTIVE DATB See Page ~f' Iteln .32 ACCEPTANCE OF CO~ LEGAL DOCUMENTS FOR THE WATER FACILITIES FOa BARCLAY'S CAPRI POINT PRASE I O,R. Book 1176, Pages 829 through 842 Itell '33 PURCHASE OF 11 MOBILE RADIO UNITS ON STATE BID FROM MOTOROLA COMMUN;CATIONS IN AN AMOUNT OF $11,770. (UTILITIES DEPT.) Itell .34 BiD 85-927 TRENCHER FOR THE UTILITIES OPERATIONS DEPT. FROM VERMEER SOUTHEAST SALES AND SERVICE CORP. IN AMOUNT OF $20,647.29 Item .35 AUTHORIZATION FOR HOLE, MONTES ~ ASSOCIATES, INC. TO CONTINUE WITH REVIEWS, TESTIMONY AND MEETINGS RELATED TO UTILITY ACQUISITIONS, PUBLIC SERVICE COMMISSION AND DEPOSITIONS IN LA~SUITS, NOT TO EXCEED $7,000. See page~ 1:7'--- Itell .36 CERTIFICATES FOR CORRECTION TO THE TAX ROLL 1985 Tangible Personal Property Nos. 19A5-110/115 bated 1/15/86-1/17/86 Item .37 EXTRA GAIN TIME FOR INMATE NOS. 12471 AND 49843 Item .38 MISCELLANEOUS CORRESPONDENCE - FILED AND/OR REFERRED There heing no objection, the Chair directed that the following correspondence be filed and/or referred as in1icated below: 1. P"p.Ir,orandum dated 01/10/86 from Tom Lewis, Jr., t'ept. of Community Affairs, enclosing Model Coastal Construction Code ~nd advising t~at local qovernments must adopt its own coastal building code prior to March 1, 1986. Referred to Pa~ Brangaccio, VicKie Mullins, Dr. Proffitt and filed. Page 48 ,,,~¥: - - - . - .. .. / , ~ January 2A, 19A6 2. Letters dated 01/13/06 from Ceborah L. Pry, D~R, enclosing application File ~o. 111142555 and 111144375 ~hich involve dred0p. and fill activiti~s for applic~nt Immok~lce W~ter- Sewer District: and File No, 111144529, 5wa~p nuggy Days, Inc. which involves dre1ge and fill activities. Peferred to Vickie Ijullinz, !:'r. ProfHtt and filed. 3. Letter dater1 01/20/86 from Fobert G. I:e.'\n, £'HR, Final Order ;:¡uthori7.ing aprllcant, Henry n. r.. l!aria!1ni1 Ðupont 5illiman, to construct concr~te block privacy wall atop an existing return willI cap. Referred to Pa~ Drangaccio, vidde Mullins, [or. Proffitt and filed. 4. t'cnorðnrJum datcd 12/04/A5 from James C. (Tiles, Fiscal Officer, regarding Justice Center Project ~pending through 09/3Q/A5, and attaching cooy of the statp.mcnt su~mðrizinq JUßtice Center Funn 305. Referred to Lori Zalka an1 filed. 5. l'e-:lor.")nùur.I dðteè 01/10/81':> from ,1amcs C. Giles, Fiscal Officer, to Thonas Olliff, Fleet ~anagement r.irector, regarding Fleet t~anageT:lent/~lotor Pool prelir.linary Financial Statements for the period ended November 30, 1985. Filed. 6. Menorandun dated 01/10/86 from James C. Giles, Fiscal Officor, to roug Greenfield, E~S Director, regarding E.M.5. Preli~inary Pinllncial StateT:lents for the period enðed ~ovember 30, 1985. Piled. 7. ~inutes of Library Advisory Board dated 12/05/85. 8. ~enorandum dated 12/06/AS from Representative Mary Ellen Hawkins, advising of Legislative Public hearing to be held in colllier County ~nd stating that local governmental agencies arp. expected to present their proposals for local bills at the hearing. Referred to Don Lusk, Burt Saunders and f i 1 ed . 9. Lp.tl~r dated 01/Oa/86 from Michael F. Hill, Secretary of the Trea"sury, regarding funding the Entitlement Period 17 (lO/1/85-q/30/86) of the Revenue Sharing program. Referred to ~eill Dorrill, Lori Zalka and filed. 10. copy of letter dated 01/02/A6 to James eiles, from Gene 11ynard, Florida Cept. of Transportation, in compliance with Section 5.08 of the Lease-Purchase Agree~ent for the 1963 Everglades parkway Bond Issue, and enclosing check in the amount of $71,370.00 Referred to Lori Zalkð and filed. &DOI 092,-,,£ 73 Page 49 J\ItII ~ __--..^...."'.".~...., ~ I , I I I I I I I , , ~- ;.t' " ¿'i ';'f "( . .-~ "" . """,""'h_'"''''mw'_''''''''"",,__, &OO~ 092 PACt 74 January 28, 1986 There heing no further business for the C,ooð of the County, the mecting was adjourned by Ord~r of the Chair - Timel 3135 P.M. BO~RD OF CO'~~ COMMISSIONERSI ßO~RD OF ZO!HII(¡ J\!'PET,L~/EX OFFICIO GOVERNING ßOhRD(S) OF SPECIAL DISTRICTS UnDER ITS CONTROL ATTEST: \':ILLIM: J. REAGAn, CLERK , ,..)HIIJ 0 c-~·~~£è· ~ . Thcs.~...lI1in~tc~ approved by Ule !lCC o~" ..~///t""~ as . ,.presented '~or as corrected Page 50 - - .. l> ¡ fl/- ........~: .,"