BCC Minutes 04/11/1985 W
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~~nlo~, Flor1rl~, ftor11 ]~, ]~~~
LrT IT RF. RF.~F.M"P."F.O, that thw Boarrl of r.ounty Com~lss10ners 1n
and for the ~ounty of Collier, and nllo ~ct1n~ as th~ ~oard of 70n1nq
Appeals I!In1 ðl the <;overnlnCl board/s) ot such !lp~cial districts as "'''!Ive
been creat~~ I!Iccorrlinq to 1~~ and havina ~onrlucted l~slness herein, met
on this dat!) <It "100 fl.". in Work.hop Se..10n in !3ull,llnt:l "F" of t.he
Court.house Comrle~, :::",st. :'i'lple" Florid.'!!, wit.h the followina I"''!'11her!l
present:
C!!A1P"1\~':
"'redt!r1c'" ,T. VOS9
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''IC'' C"AIP"M': A.nne (',oodnicht
~'dX µ':'IS9f!
C. r. "ner\" :Iolland
A"~FN~: ~ohn ,. Piator
ALSO ''''''ESE:'ITI J,1mes C. G1les, "'lscni ('·[f1c'!r: ':i1nor /1. Skinllt!r,
Deputy ClerÌ':; Rurt L. <'"underg, County IIttorney: r'Onal':! A. Lils":, County
Mannoer: t:e11 I'orr¡,l, ,t.,891st1nt r:OIUlty "an1nl'r: PI'I'" Rr.!"naacr:io, ref"Uty
AS8istant County "ðn'lner: \'1(".ie ,",ul11ns, l\r:tln'T CO'1''''Unltv :-ev~lon:'1ent.
Jldm1:H8trlltor: ~om Y,uc". 1'I]I>11c ',10r\o:!'I fld,.,¡n1!1triltor: "T't)1" Cr1lm11111,
Utilities '\"""ln19tr,1tor: I\nn "c"¡"', I\ctinr'! 70n1no rlrcctor: 'Iancv
18r",.lson, !\.dr.llnistratl'/C' ....s518t1lnt: Pl'ltrlclõ\ Plckwort!', I\dM1nultnlt1ve
,\'J lstant: .!Inrl r>eputy Ch1ef DIlY:'10nd r>1Ir~\..·tt, <:;her 1ft' R r"rèlrt"'ent.
Comaunlty Development.
6.B.(1) Pet. R-84-30C, J1mmy Adk1ns, repres.nt.1ng Napl.. Fru1t "
Vegetable Co.! requesting rezoning from A-2 and A·2ST to PUD, known as
The Vineyards and development of reg10nal impact approval for 1925.4
.cr"r located north of Pine Rldqe Road between the Estate. and 1-75 .
extending we.t to Airport. Road along the future Golden Gate Blvd.
ext.enslon 1n Sec. 5, (" " 8, T49S, R26E, " Sec. 1. T49S, T25E. (Comp3n-
ton to DRI-84-2C, Item No. 6C.(2» (Staff i. requesting th1s item to
be continued unt1l 5/7/851
Item contInued to 5/7/Q5 Wlt~ no ~i8CUS~10n.
6B.(2) Pet. R-84-20C, W11son, Miller, Barton, 5011 " Peek, repre-
.entlng Lely Estate., Inc.: reque.tlng rezoning from A-2 and A_2MSTM
to PUD, located bet.ween US-41 5 and Rattlesnake Hammock Road, west of
CR-951 for
No. 6C ( J ) )
IteM cOlltinucd tc <;/:'1 /""<; ~11tl1 rohscussion.
m~ 08Ôw.(522
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p"ne 1
#_.,.~~,.~-",_..-.._--
086 523 Apnl 11, 19~5
'OK Pl',t '
6C(2) DRI-84-2C, J1.-y Adkina, repre.enting N~p1ea Fruit , Vegetable
Co. , Michael Procaccil requesting develop.en~ of regional I.pact
approval for The Vineyard. PUD, 1925.4 acr.., located between Airport
Road and Golden Gate I.tate., east of Unit 35, and north of Pin. Ridge
Road. (eoaa. Dev.) (Cont'd fro. 2 5 . 3 19 a5 .eetln. (Co.panion to
Pet. R-84-3OC, Ite. Mo. a s reques lng s 1tëilÞi
continued until 5/7/85)
Item continued to 5/7/85 with no dlScussion.
6.C.(3) Pet. DRI-84-3C, Wil.on, Miller, Barton, SolI' Peek, r.pre-
..ntang Laly Istat.., Inc.. requ..ting approval of a deve10p.ent of
regional impact for prop.rty located between US-41 . Rattlesnake Ham-
.ock Road, w..t of CR-95l. (Comm. Dev.) (Companion to P.t. R-84-20C,
Item Mo. 68(2) (Staff is requ..tlng this ite. be continued until
5/21/85
Ite~ continued to 5/21/85 wlth no discussion.
7.A.(I) Pet. V-a5-5C, Midwest Title Guarantee Company. reque.tAng
yart.&nca frea parkln9 r.quu_enta at the C-4 Diatrict feu: the .outh
100' of the north 300' of Block A, Sperllng's Subdivision, Unit On..
Actlnq Zonlna Dlrector McKlm explalned that t.here is now ~n excess
of 1 p~r~ina place, so thlS request. woulrl mean only 2 rar~ina spaces
less th~n the rCQulrement. She stated that arproval of this re~uest.
would mð~e traffi~ tlow more deslrahle and that f.tatt recommends
approval sUbJect to st1pul1ltl0ns tounrl In the r.xecutlve ~ummðry. She
Bald t.hat Staff h1\B suoo..stcrl, If ~"H)(lnq hecolT'es a problem, that t.he
petltloner would have to cios~ oft that entrance, now~vcr, thlS was
only a sugqestlon.
78(1) P.t. PU-B5-6C, He'" Hope Ministries: r.questlng provisional us.
.xt.nslon to allow con.tructlvn of church.
Acting ;',onln<" f'irf'ctor "cVlm said thIs 11' " reouest troll' ':ew Hope
MlnlBtries for an extensl0n of one year Wh1Ch 1s nllowed. She saið
that the church has suhmltted hlucpr1nts ann they hðV~ made chances in
their buildino rlans to a,co~morll'lte thelr hudnet wnlch has ~~laved
construction.
78(2) Pet. PU-B5-4C, WI1.on, Miller, Barton, Soil' Pe.k, repr...ntlng
A1p1n. Broadca.t.lng Corp.: reque.tlng Provisional US. -I- of the A-2
District. for a co..unlcat.10n t.ower located appruxl~at.ely 2 .11.. north
of Alligator All.y and s.ven .Il.s ea.t of SR-951 In S.cs. 23 , 26.
T49S, R27E
Actlnq Zon1na D1rector ~CK1~ described thp locðtlon of the rro-
perty tor th1S tower and expla1ned that the size ot the property 18
large enough that 1 t tlte tower shoulfJ tðl1 1n one T) I?Ce It woulc! fall
on the property owned cy the rctlt10ner. She ~ald ~tatt ~nd CAPC
recomm~nd approvðl sUbJect to three stipulðtions explained in the
Executiv~ Su~mary.
Consent
16.A(1) R.comm.ndatlon to approve P.rsona1 S.rvlces Aqr....nt for Ho.e
Ma~nt.nanc. and Mon.y Manag...nt Cours.
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April 11, 19A5
ßloc'oo: (¡rant Coordinator '~lllil1",.on ~xpl"ined this is a contrllct
with ~n In~iv1dual who was ftmo10y~d by Collier r.ountv but who ift now
...ploy.d by the Colllltr County ~chool Poarrt "nr1 woulr1 I1n.Wl"r to f'enl...
Co1.lIan in Immokal... She .aid that the County can .ave mon.y by thi.
arrange..nt ~nd th~t the person w11l teac~ ~oney ~"'na~Ament ~nd r.lated
ite~. which will comoli~en~ the t~~"nts In th~ housinq 1n the ~rea.
16.A(2) P.t. MP-8S-2C, U.S. HO..../Rut.nb.rg: r.qu..ting varianc. to
the r.ar yard ..tback for Lot 9, Block -B-, Unit 1, Foxf1r. PUD
",ctlno ~Onln'1 !'Ill't1'ctor "Cl<"ll'1 tly.plltln'!r:t t~lIl 1" 1\ r~C!uest tor a
votriance trom th" PI)!" dOt"uMent, ...."dlnr'! thltt one of the 1I'0dul '10"'....,
WhlCh 1. ropular, IS l....rnf!r ,,,~ ne"r:ts ~or,. sOl1ce. ~~~ ft....ld ~t"tt
recoMn.nd~ npprov~l.
Public Work.
6C.(4) R.co....ndat1on to ..tabli.h the port.r Str..t Paving A........nt
Dhtr1ct
PubllC ~~r~s ~rl~~nI8tr~tor wuc": s....irl t'11s IS ~ r~c0~",...n~~tion to
approv~ the Porter Strept P~vlnn \lIse58~ent r15trlct. And 1Irlrled thðt
th" ~<lrd z.cc"rtcrj a "..tlt:on In ,r",v 1')1",<1, r"nr"~p.ntln" f,f'\t, of oror.-
erty owners In t'lP. 1r",1, r"'l"/'stJnr'! " tel'llllhJ,lty r'!r>ort hI' "',,"e. µ(!
."1r1 thl. r('nu....t 18 tor "r>nrov"l of t'1l1t r"r>ort, UH' nre,J"'ln"ry
allstts.m.nt "nt1 " resoiut Ion r"'T,1r"11n'l S,1~", H'! S'll" th>lt tne ,'S3l'IIS-
mAnt w1i.l be Sl,r,07.()o í'nr \In It,
R....ponoJnq to CO"''''J''"10n..r "o~s, F1SCl1i ('ttlc..r (;11..,.. salr1 th"t
thtlr.. wouleJ be tlV'" It' ""v,'r, ve,HS tor r¡'Y"itC~.
108.(1) R.co...ndat1ùn to approve agr.....nt. for consulting .ngin..ring
..rvic.. w1th W11.on, M1ller, Barton, 5011 , P..k, Inc. for d..ign of
A1rport-pulllng Road (Jct. Cougar DrlV. to Jct. C.R. 846)
PUhlJC Works ^d,.,lnlltrlltor '(uck ~xpi;llncd tnllt th~ ('ounty .,,,.
rece1v.H1 the rrelll!':nðrv deSlon tor tn18 r>ro1.?ct trol!1 "'li"on, "'111~r,
ßðrton, Soii.. '" i'ee\o:, Inc., r",rllh'st1n<1 utlil7.lfl'l tile l'xlHtlnC! t..o Illnl'1I
of Alrport-pul1lnq PO,11. Up ......II! t'1~ rOMJ woulr1 ¡", w (j~ned lnto 11
tour-1llne hltJ!1WdY. ¡'(, S1lJc! th"t tll.. ,·8tl:nl1t..d cost 18" 11tt1e less
tha...n thrutt millJ.on r1011ðrs. He SðlJ the retTuest HI tor approval of <'I
contract In t~e a"'ount cf S12~,?n() tor consult1n~ en~ln~erln~ serV1CCS
to r-rerðrp. the fuwi reS1qn. P-.snondln'l to COI!'~l!1S10np.r "oss, Mr. "uclo:
expl"'lnflO<1 thðt tht! thlc":n'.'ss of the ",s;->"o'Ilt i..iypr .011 vary trOJ:1 1-1/2"
to :1". Hft showed ð '~r.J\~lntJ of th,. project o'Ind n() ntf'r1 OUt thðt s1Imrl",,,
havd been taken thl\t show the dy.1st1nq rOlld clln be U!lP.~ wh~c" will
rtlllult. 1n COllt .,'l\l1nqll. RE'sponrlln(] to COmmJ!l810ner "asse, htt said t.he
probleM exper1enc~1 w1th the sklddlna on WP.t rðV"'lI'ttnt on ~1Ihta R",rbara
noul..var~ will not 0ccur here, ðS the m~ter1'1i wIll be the Sl\,.,e as It
now 18 on ,\lrr>ert-Puillnn Po,!d.
Con..nt
16B.(1) R.co..m.ndation for approval ot the tlnal plat. of L.ly Country
Club, Tanglewood II tor record1ng
Thcre was no ~1Scu8slon on thlS Item.
aoDK 086 W.( 524
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08R PA~t 525
168.(2) R.co...nd.tion to
..nt. an Myrtl. Cov. Acr..
30, T50 R26
Publ1c Works ^dmln1st.r.tor Kuck Inðent.1fIed the !ocat10n ot th1.
project wIth no furt.her dISCUS.Ion occurrIng.
April 11, 19~5
.pprov. the acqu1.it10n of drainage ....-
Unit No.1. .nd in P.rc.l. 1 and 3 of S.c.
168.(3) R.co...ndation to approve the acqui.ition of addition.l
right-of-way for Gold.n Oat. Blvd. betw..n 1-75 .nd CR 951 for purpo..
of gr.ding n.c....ry dratn.g. dttch
There was no dI.cu..Ion on th1. Item.
16.1 (4) R.co...nd.tion to .pprov. the .c~ui.itton of .id.wa1k ....-
..nt. betw..n Shirl.y Str..t .nd School Ace... Road on the north .ad.
of Pin. Ridg. Road
PuÞllc Works A~ministrat.or Kuck explained there 15 a sidewalk on
the north .ide of t.his area. hut. t.his il a request. tor a sIdewalk on
the .oath .ide tor the protectIon of stuðents in the area. He .aid two
property owners have refuseð t.he reauest. for ~ rioht-of-wny, however,
he has asked Statf to renegotlatp the matter and that he 1. hopetul for
a po.itive outcome.
168.(5) R.co...nd.tion for .cc.pt..nc. of .x.cutlon of a 1.... to A. B.
Curry .t the I..ck.l.. Airport
Public I-.'orks Admin1strator I<ucr. exrlalned tIn.. lS reauest tor a
{lye-year lease tor ~r. A. n. Curry to rent <I lot to store two planes
and a helicopter uspd ln Mr. Curry's aarlcultural bU81ness.
168.(6) R.~o..endation for .xecut.lon of quit. clai. deed r.1...lng
public r~d right-of-way ease~ent, Sec. 22, T48S, R26t
PubliC ~orR8 Admlnlstrðtor Kuck explaln~d t.hlS lS to correct an
erroneou~ deed at the requt!st of the ~ounty Attorney.
Public Servic..
Con.ent
16C. (1) Reco.mendat1on to est.blish a new position of parking lot
.ttend.nt in the County pay pl.n, and to approve the budg.t .~end~.nt
a..oclated w1th new per.onne1 at the Tigertai1 Beach Parking F.cility
Deputy A6s1stant County '1ananrr Rr^n~Hccio eXD¡ð1ne~ t.hlS rer'!uellt
1s ð follow-up of ~oard action tð\çen on ~\arch '\, 1°"", eFtabllshinr¡ a
POllCY of tees fcr the parklnn lot. tac111ty at Tlqrrtail neach. She
sald that the sðllHY wl11 bE' $4.4(' per hour. 5hp. '!x!,lalne<1 the revenue
15 eslll!'ated at ~1(),(105 per year / nd Statt estlmnt.es t.hil' posltion w1ll
be µald tur tro~ tn~ rev~nues. She sald t.hlS wIll ~ a year around
posltl0n {or tour part-tl~c p~op¡e.
Comml~810ner 'Iasse aSKed If tht're 111 anythino on t.he apn11catIon
tor personnel relöted to allens Dr 111egal allens? Mrs. Prangacc10
said she dld not Know. Followin9 a short discus~Son, she aqreed to as_
Per.onnel ['I1rector Luntr. t.o check on thlS. t-:r. Lusk pOlnt.ed out. a
person has to have a social securit.y card t.o worK for Collier County.
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April 11, 1"~5
Commissioner Goodnlght said that the Conservancy goes to Tigerta1l
Beach, taking chí1dren, and she would hope .omething could be worked
out with r.qard to parking for that group. Mrs. ßranqacc10 said she
was .ure someth1ng could be arranged.
l6.C (2) Reco..enðation for authorization to pay the 1994 property
taxe~ on the Marco I.land Racquet Club
Deput.y Assistant County ~anðger ~ranqacc10 sa1d St.aff 1s as~1n9
for Board approval for t.he 19R4 taxes for the '·1arco Islanè Racouet Club
to be pa1d from thc park bond money, Since those were the fund. used to
purchase the fac1l1ty. She sald the amount 18 S4,lOQ and the County
did say that the County ~as l1a~le for the 19R4 t.axes.
Count.y Attorney ~aun~ers sald that thpre I'Ire some personal prop-
erty tax~s, also, of approx1mat.~lv $300 to S400.
UtUitiu
10.0. (1) Reco..endatlon for approval of a proposal for profe..iona1
engineer1ng .erv1ces regarding Collier County's we1ltield .0nltoring
proqr..s by CH2M Hill, Inc.
Utl1ltles ^( mln18tr"ltor Crandall said t.,"'t t.h1S lttlm lS ln "'ccor-
dance Wlth the South ~'lor1dð \~1Iter '1I1naQem'.!nt fHstrlct consumptlve Use
Program. He sald that the County has to have a wellf1eld monltorlna
program and that the SF\ooI'H'I t'Jðve the County one ye",r 1n wh1Ch to accol'l-
pll.h thu. Pespondlnt'J to Commlss10Tl·!r Voss, "r. Crandall said he dld
not have thtl full d~talls, a~dlnq there wnulrl ~e m~re th~n l'Ionltorlno
as absorptl0n ot wlIter ~nd ðtt~ct on wlldlltU wOUld be lncluded. ~e
!1illd thls 18 ð rtlqu<:st ot the :;F'~~'I' 11'1 .]ccordance wlth [WR. lie sal,j
thIS lS a oroqr"~ that would he set up and dstahllshed by C~?~ Hl11 and
the County would cont¡nue It, thereatter.
In response to CommlSS1oner l~ollðnd, tAr. Crandllll sald that the
fee would be ln exc'.!ss of $60,000 and that th18 wns not a compet.it1v~
negotintlon, ðddlnq that ch~~ Plll w~s orlqlnally the contractor tor
buildlnq the plant. He Bald it. was 1Issu""ed that this tir!'\ would do the
work, however, tim~ elements dld not allow thc!'\ to do it in the begin-
nlng.
CO"'~l..loner Hollanr polnted out thdt CH2'" Hill
Saples lind he asked l f thcre was anyhouy loc", lly who
and f-1r. Crùndall Sd1d that It could be done locally.
that It. W1l~ hlS oplnlon that lt was ioqlcnl t.hat th'!
started the work shouid contInue It.
nas moved out ot
coul~ do the work
He s1lid, however,
contractor who
AssIstant County ~anaoer ~rrl11 Sðld that Since t.he f1r", desioned
the plant ùnd wellheld, It seems lrnportant that they cor.tlnue t.he
work.
10.0. (2) Reco..endation to transfer Collier County'. regulatory
jurisdiction over private water and sewer utilities to the Florida
Public Service Co..iss10n
Utillt.ies Admlnlstrat.or Crandðll explaIned that one of ~t.ðff's
concerns, ln tðl)(s wlth t.he County Attorney, is that. there 1s ^n
lnference ot a contllct ot lntorest with reqarè to t.he CCDRPR. He said
the County is presently evaluatlnq systems for rate lncreases that the
aOOK 08R W' 526
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Aprll 11, 1~P5
County may end up purchasin~. at some tuture date. He sa1d that
throu9" the CCUP.RB the relidents pa~' a higher rate t.han through the
Public Service CO.~lss10n (P~C) because they h~ve to pay 2\ regulatory
fee and additional ch&rges for outl1de consultants. He said ~hose
costs exceed what they would be through the PSC, Blnce there would be a
2-1/2' r~gulatory fee, however, only a 5900 flllng tee comcared to a
523,000 flllng tee t.hrough the CCURRR tor the next. rate hearlng.
County Attorney Saunders sald that there have been allocat.lons
that the County 1. attemptlng to reduce the value ot the varlOUB
uti11ty sYBtems throuqh rate structures and rate set.ting. Pe sa1d
there ls no intent on the part ot the Count.y to do t.hlS, however, t.here
have been allocations and placlng thls matt.er ln the hands of the PSC
would e1i~lnate thl. arou~ent. He .ald, under t.hls plan, the County
would .tlll have the ablllty to lntervene ln rat.e cases, It the County
telt the rðt.. awarded were exce..lve. ~e Bald anybody can wrlte a
letter to the PSC to ohject to rat.es an~ the P~C has to set a hearing.
Mr. Crandall s~ld he was lntormed t.hat those hearlngR are held In t.he
Clty or County wh~re the lntervenlnq ob'ectlon occurB.
comml.s10ner Voss pOlnte~ out that the County CommlBslon used t.o
be t.he rate-tlxlng hOdy, however, so much tlMe was required on the
ca.e., the (;(;UIH!II was establl.ned to handle tnls work. fie sald cur-
rently tne CcU~R~ ~akes tne neCl.10n WhlCh can be appealed t.o the Board
ot County Corrmlss10n whO would have the lallt word. Mr. Saunders s/lld
any lnterested party can lI:>peal to the P5C I'Ind the PSc has th~ Unal
word.
County Manaaer Lu~k asked lf the r.ounty would stl11 have the right
to glve tranchlBes, and Pro SaunderR Sal'! th~t the P5C would have
charge of ooth rat4!-$ and RE'rV1Cf' .1rcas. fie sald that t.he County could
intervene reqardlnq any lranchlse.
~Ir. Crandall stnted there are approxirnatelï 45 countles under t.he
PSC ln the State of Florlda and there has been no thoucht of resclnding
from that control.
Hr. Saun1ers ~ald lf the control was qlven to the PSC 1t would
have to remaln w1th that codv tor tr.ur years anr. the County could
reqaln control throuQh a H'SQ'lltlon.
Mr. Lusk Sh1r. lt WftS h15 opln10n thl'lt the ~O~~.sBloners wll1 tind
that the ~1~llC pay have ~ orohle~ wltn thls 1nsue. esneclðllv when the
Co~mlssl0ner8 look ~t the la~t rl'lte hearlna ot thp peoDle that arp
belnc; served hy ïdSt !\1IT'le" ',¡ater ~Y8tems, Inc.
ASs18tant County Attornev Þnnerson a"Vlsec¡ ~ne cO~M1sBl0ners that.
an appeal has been tJ 1e'1 I'W tP1e ~:a5t 'Iaoles W1Itcr ~Y9t*,ms, Inc. reaard-
lnq the recent declslon of the CC"~~P on the company's rl'ltes and has
askec for rt;Vlew rv the COMmlss10n.
10.D. (3) Reco..endation to accept Pha.e I of the fe.aibi1ity and
i.pact study for a.wage treatment and .ewage co11ect.ion facilitie. for
portions of the County Water-Sewer Diatrict a. prepared by the County'.
con.u1ting engineers to proceed with Phaa. II of the atudy
Vtl11tl~S Admln1strat.or Crandall sald about SlX weeks ago Statf
was directc~ to proceed wlth the sewer study of the south service area
lncludlng Sewer Areas "CO and "0", the system dev~lopment charae area.
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ADOl 11 , 19 FlS
He .xplalned that Hole, MontQs and ~'SOClat.s lOOked at thl. area and
..t wltn Statt and are maklnq rocOmmendatlons to chanqe the boun~arles
ot that stUdy area. He sald that the Co~preh.nslve Plan only goes one
.11e east ot S.R. 951 and the study area goes two miles east. of S.R.
951, and Staff teel. it would be better to be ln line wit.h the Compre-
hensive Plan aince t.hat is more 11kely where dp.ve1opment will occur.
He exp1alned that the study area goe~ very far south and include.
Roolcery Bay Utll1tles IIreasncl Staff feels thllt all lndications are
that there has not been any real develop~ent ln t~at area comln9 to the
County paying system development char~es and that th~ eftorts of the
study area should be concentrated north of Pookery nay Utilit1es, where
the develop~ent has occurred. He said that t.he west. side include. East
Naples, where all the septic tanks are, ",nd Staff has a great concern
and they would like to inclu~e that in th~ study area to make plnns tor
servlcinq that area.
A~.istant County ~anaaar I'orrl1l sald that thls item ls Dhase I of
t.he sewer ~aster Plan ",nd should be recoonlzed as that, addlnq that the
Master Plan ot the ant He area 11< 10nC'f overdue. !Ie ~aid t.hat - St.atf
wlll ma~e a tor~al pre~entatlon at the 4/16/~5 QCC meet.lng and reCO~-
mend that the County 1mmedlately 00 to Phase II.
County ~ana'Jar Lu~k 111110 thllt there havl'! hp.en two reports, a pre-
prelimlnary t.ype appralsal whiCh Statt felt did not. cont.ain enou~h
informat1cn and, at that poInt, ct)nsoer Townsend was asked t.o do more
of an appraisal whicn ~r. Crandall expects to he tinlshed by t.he end of
the week.
r.urlnr:¡ the enSlJlnQ d18cusslon, /·'r. LUll" clarlfla<1 t.hat Consoer
Townsend dld not contðct the 'llJbsch..,ans when tht'y d1d the ollt-!lide type
appraisal when the rcal ~D~rall1ai was heaun, howev~r, about one month
was lost.
10.0. (4) Reco..endat&on t.o sell .urplus Isle of Capri Water Plant
County Manager Lusk re~uested an ltem be added reqardinq the
recommendation to sell !lurplus Isle ot Caprl Wat.er Plant whlCh is a
tollow-up from the commlss10n meetlnq of approxlmately t.wo weeks aQO
when the person said his real bld was for the Count.y to pðy him to ta~e
t.hls equipment. Mr. LUSK Sðld thl'lt there lS another bldder who wants
,to huy thl. facility and Staff t.hlnk. It is ln the interest of the
County to ~dd thlS ltem.
Consent
16.0. (1) Reco.endation for acceptance of .ewer facilities within
Poxfire Subdivision Unit 3 and Unit 3, Tract 5
There was no d1SCUBsion reqardlnq t.his Item.
County Manager
(Thi. Ite. Is heing heard prior to advertised public hearings)
Due to travel arrange.ents, the Financial Advisor is requesting that he
be allowed to .ake hi. reco..endation ree a decision on the Justice
~enter Bond refinancing prior to the public hearing.
Co~miSlll0n~r V09S stated that. ~inðnclal ~nvisor ravid ri~chcr has
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requested this It.~
travel problema.
Apr 11 11, 191? 5
be heard the tHllt thing on April ),6, 1~R5, due to
10.!. (1) Justice Cenler Expan.10n - Quarterly Status Report
Assistant Courit.y ~1anaqer Dorrill lIaid thh will be the lIixth
quarterly statlJS report on the JUlltlce Center Expansion. He explained
this report recognlzes the Change Orderll that have occurred in the past
quarter. l1e sald, ln the past, Statt has trled to give lIo~e lndlcatlon
ot progress due to the fact that the project 18 nearIng ahout one year
behind schedule. He sald since the end of the jnh 1s nearlnCl, money 1S
belng moved out of the the Reserve to be able t.o increa.e t.he purcha.e
orders originally cut when the contracts were awarded. He sald, since
the tlme that. purchase orders were cut. tor the actual constructlon
cont.ract award prIce, t.hese contract. have been lncreased, and Staft lS
Adjuatlng the P.O. anounts tor the amount the ßoard of County Commx.-
sloners has authorized in the Change Orders. ~e sald another ltem
Involved In thlS report lS an obllqat.l0n to Southern Steel Company for
600 st.eel windowlI 1n the jðl1 WhlCh have not been Dald. I!e sald these
were purchased aft~r the default of Partrldqe and Sons and the Count.y
has accepted the responslbl11ty tor those win~ows.
Com~lss10ntH flolland as).-ed 1 t the bond1na cO,"Dl'lny reor"sent1ng
Partrldae and Sons WQ8 not pald a r:~rtaln 1I~ount to handle Partrldae
and Sons ohllqatlons, and County Attorney q~und~rs Raid 'hat the County
paid the full contract prJc~ to he ~~llv~reñ to voJr'!er ~rl~,"~, whn
manufactured the Wln(JOWS, whIch W<'lS the same 1Imount the County had
ar¡reec1 to pay Partr ('~t. lOt)(1 :;:::m!l.
Mr. rorrill sald ~taft anticlpates lIuhstl'lntlal co,"nletl0n of the
bUlld1ng for Aprl1 19, 19R5 for all contracts w1th the exceptlon of the
electrical contract. He referred to computer equlpment and explalned
t.hat he waD not1fled 4/1n/45 that all fcSl equlp",ent has been
delivered.
Respondlng to cOII'nlSS10ner Hasse, Mr. rorrl11 sald that the County
has cla1ms from contractors who teel tney nave add1tl0nal costs as a
result. ot the constructl0n Delnq behlnrJ fchedul~. ~~e sald that. rJls-
CUSSlons have occurred an~ thu Countv teels tr.at It has no dlrect
1nvolvement In th"'t bccnuA~ the Ct)unty's contract wlth th~ cont.ractors
states thðt the C:ou,;ty lS nE"lther resconsll,lp nor wl11 the Count.y be
held lidbl~ for delaYR, Pe 8~Jd, nE"verthe,eS9, many of th~ contrðctors
teel they have no other recourse but to suhMlt thelr cl~ Ms to the
County ðnd wh~re that flnai cnuatl0n will co~~ down to the default. of
PartrJr1ae o'Inc1 Sons re~ölnf; to ne seen. lip si'lHI that the ('ounty has
sald, tor lIometlme, th...t ttH' orHl1nal ,1URtJCf' Center crol!'ct that. was
approved and for whlCh tho' Countv sold nond!l and awnrderl" contracts has
been 2-1/:> ~11l10n Goll1lrs under the or1gin¿d buo1aet. Pe sald t.hat
Slnce that tlme the County has elected to do other th1nqs, B~ch as
spendlnq ~hnO,nnn on a new telephone svstem tor RuildlnQ "F", several
hundred thousand dolldrs on radl0 eaUlpment and several hundred
thousand dollars bU11cllnq the SI1erltt's new co~puter room. I:e said
that Staff feels t.he County 111 Htlll under-budqet, however, that does
not. take 1nto account any cla1mS that the County may havp to Pðy lf the
County goes t.hrouqh 11tlgatlons.
In response to Commlsa1oner Holland, County At.torney ':a~nders saId
that the County has two defenses wlth reqard to tht! lltlqat1on, one of
Wh1Ch lS that the County's contract provldes that the count.y I'ill not
PaCle P.
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be ~esponslble tor ðelays anð the other 1s that the County can make a
sovereign 1..unlty and lmplied contract action. He sald he felt that
the .overeign immunlty argu.ent 1. the better of the two, 1n 11~ht of
the length of the delay because t.here are some case. ln Florida that
say that a prov1s10n of the contrnct that lays the County is not
re.ponslble tor delays can ~ set. aSlde lf lhe delays become lnorðinate
in length. lie s"id, if the County 11 out to t.ask of defending the
claims, it can be costly since a ~elay "nalyslR wlll ~ave to he done
and outside counsel will have to be retalned. He snid, at the end of
the project, all comp1"ints w11l h"ve t.o be anðlY7.ed ~nd meetingll will
have to be held wlth the contractors t.o see if nn nrnlcable resolution
can be tound, how~ver, if t~e cont.ractors are not reasonable and the
co~rlaints are not able t.o he resolved the County will have to go to
litigation.
Consent
16.3. (1) Request for budget a.end.ent approval transferring funds
fro. Ju.tice Center Reserves to Operat1ng Expen.e. for unanticipated
electric charge.
A.Slstant County Mana~er rorrl11 ~xplaln~n when the Sherlft
compiled hls bud~et tor thiS year he bunqeted wlthln the General Pund
to pay the electrlc bill tor the Justlce Ce~ter. He sald that several
months ago t.he County w~nt trom temporary constructlon power to
permanent power and a number of chan~es In the electrlc",l syst.em were
made, at that. tlme. lie IIlIla, hecause the Sheriff is not In t.he new
bulld1ng. lt docs not !'If.'cm talr th,'C he should have to pay the COAt ot
the permanent. power wlthln the ~ul1dlnq anù Statt recoMmends th1S
expense be a JUStlCe Center rel1lted cost nnd t.h"'t a ~udqet amendment be
prepðreo. He lIald ne was n0tltlea that there may have been a mathe-
matlcal error 1n the Executlve Summary and that 517,000 should have
been added lnstea~ at lIuhstracted. Pe sald that wl1l be veritle~ and,
1t it ls true, Statt wlll make the correctlon and lnùlcat.e t.hat at the
4/lb/P,5 ncc meetlnq.
Flscal Ottlcer Glles Bald it waB ~lS oplnl0n that thlS request
needs to be changed to S4P,JOO, and ~'r. Dorrl1l sal<1 the change wlll he
made and presente<1 at the QCC meetlnq.
CommlSS10ner Holland aaked 11 the Sherlft has th18 ~oney 1n h18
bunget and Mr. rorrlll respon<1ed that lt was his un~erstann1ng that. the
Sherltt had antlclpðted movlnq lnto tne Justlce Center when h~ compl1ed
his operatlng bu,IQet. Comm18810ner flollnnr Silld that lt the Sherift
had lt ln hiS budget he <11d not se~ why th18 amount should not he ta~en
out of there. ~\r. rorrlil 8ald th1lt someone would have to pðy the per
square toot space that the Sherlff OCCU!)leS now, and lt does not seem
talr to ma~e the Sherltt pay bOth cost.s.
Mr. Gl1ea sald that the Commissioners may want to re1uest so~e at
the advances that have ceen made to the Sherltt tor that electr1c
expense bet returned so they clln be used to pay the electrlc bill
associntea with the construct.lon of the Justice Cent.er. He said,
hopetully, the Commlss1on will rece1ve th18 money at year-enct with the
Sher1tt's ~xcess Fees, a1dlng t.hat last. year one reason for t.he 1arce
Exc.ss Fees was because the in1l was not occupied as scheduled. ..
Durlnq the ensuing dlScussion, ~r. rorr1ll said when thi~ matt.er
1nltlally was d1scussed it was his understandinq that the Fin",nce
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OSô,~r,t531 flpril 11, 1 ()?'i
neDart~ent ~at.e. journal entries from budQets to puy cower bl11s based
on the number of .ouaro feet occupled and because the Sheriff is not
occupyin~ the Justlce Center, those bll1. have been paid but have not
heen journal-entrhd bee\< to the appropriate budaet. ~'r. Oiles
expla1ned that. he made OlS ear11er com~ent because the ~heriff probably
ha. an exces. fundinq, although he was not sure in what amount, for
expen.es tor electrlclty. He sald lt ls proper to charge the cost of
the electriclty to the project because lt lS not an expense of the
operation of the Sheriff's Office, however, the fundlng that. t.he
Sher1ff has roceived tor t.hi8 ltem 18 what he sugoested the ~oard ~ay
want to approach the Sherlft's Oftlce about returnlng to the Justlce
Center fund ln order to pay the electriclty from that tund. Commis-
sloner Holland sald that 8eemed locncal to him.
Respondlng to ~puty Chlet Ðarnett, ~r. r.lles sald that these are
real monles,.and ~.puty Chief Aarnett said that lt It. 1. real money,
the Sheriff's Office could not pay for so~ethlna lt i8 not obt.ain1ng.
He sald it the money was put. in the Sherltf's hudget. l~st. year that
money would .tlll be there and at th~ end of the year it. will be ~iven
back. He sald that the :,herlft's Otfice ha~ Incurre~ additlonal
expenses due to not belnq aÞle to move, but by thp end of th~ year,
when everythlnQ is bðlllnceá, lf the IITOney has not been used It wlll be
ret.urned.
Mr. r.l1e& &~ld he thou~ht it would be Wi8~ to have St.aff talk wit.h
t.n~ Shprltt's nepartnent and dISCUSS thls matter to see It some ot t.he
tundlng coul~ h~ returnerl,
16.E. (2) Reco..endatlon to approve the request tor attendance to the
annual National Hurricane Conterence tor Assi.tant County Manager and
E.ergency Manage.ent. Director
~s81.tant County ~ðnðal'r I'orrlil explalned tor the past tour years
the Board ot County ~c~mlss10ners has sent trom two to tIve Commls-
sloners lInd ~mergency Man&qement Statf personnel to t.he Hurrlcane
Conferenct!s WhlCh have been held ln florida, lie saId t.hIS vear the
tWO-day conterence 1& belnn helù In ~ew Orleans 1Ind the estlmated co.t
lS $150 more than thlt threshold that reqUlreS Start to come to the
f\oðr~ tor apr.oval. Pe Bind the recOMmpnd"'tlon lS that he 1Inci ~~r.
Wagner attend the conterence and ne encouraged any Commlss10n~rs to
attend becðuse of the lmportant n~tur~ that Jt poses tor the County.
R\1snondlnq to r:ommlf\Slnnr.or H"lIse, nr, rcrrlil sald t.hllt he cld not
attenð last. year, however, h~ had ~one the three rrevl0us years as the
Count.y's DubllC S/lfety 1\c!I!'lnlstr/ltor. IJe e;(r1alned, althoun~ he is no
lonaer thO? PuhllC "I\tf'tv A,rjmlnlstrator, 1,., ¡jO("s h/lvc ultlm/lte !':meraency
~anngement responslbl11ty throunh the Cour)tv ~1i'1nd("~r's nttlC!!. P.e said
that he [lnùs it rrofeSS10nb,ly very l~rortant to attend th15 confer-
enct!, adding It lS the laro!!st conference in the country ðnnu"lly
att.ended hy 500 to 700 aovernmental and emergencv nersonnel.
Non-Agenda Itslls
Discussion of purcha.e of property for a fire tower in Golden Gate
Estates
^sSlstant County ~\lInllqer t'ot"rl11 explaIned that Staf t oecan work-
Ing on t.hlS ltem shortly after t.he tlrst' Colden Gat.e r.states tlre
occurred. He said that the County has been approðched for several
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y.a~s by the Golden Gate and ßiQ Cor~scrøw Fire Depart~ent.. to try to
get sOllie fire ~rot.cction ln Golden Gate r.states. He sa1f1 that the
Golden Gate Flre Department, whlle they wero stll1 part of the County,
acquired a small parcel of lan~ in the Estates on C~lden C~to
Boulevard, however, they have never done anythinQ with that property
an~ he said he did not know the nepart~ent's lmm~diat.e plans. He
explained t.hat the County recently beaan workinq with the Florida
Decartment of Anriculturp., ~1vision of ForeGtry, hecause they lndicated
t.hat if t.he County would provide some incentlve, t.hey would be wi11ina
to locate a ranner stat.lon and fire observat.lon towor in the Estates
because of the éritical noed. Pe said that ~taff hal met with theil, a.
well as t.he Ri~ Corkscrew Fire ~ep~rtment, on several occasions and it
has been lndlcated to Staff t.hat. a Alto somewhere alono Randall
Boulevard, in t.he sout.hern enrl of !'oIorth C".clden r;lIte City, woulrl be a
preferred site becduse of it. access to lm~o~alee P01ld back t.o t.he west
and becaule r.veralades Boulevard would ðllow access runnln~ north IInd
south for approxlðtely 30 ~11es. ~e sl'Ild ~t.~ff has ~orkod dil1Qently
on t.hl. item and there are 11 numher of prorerties alon~ Randall
qoulevard thdt lire currtintly aval1ahle for ~alp. 0n the privllte market,
adding that Staft first explored nropertles knvolved with the r,~C land
dedicatl0n to the County. He sald that thoBti properties would serve no
real beneficial use becðuse they .He 50 s:I1al1. fie sind that Staft has
located three parcels linn other prop~rtles lire belnq explored that may
SUit thls need, addln~ thlll IS a worJ.:sho!" ltem. He sald, lf the
Commlsslon desires, Staff will sChedule lt on the a~tinda for Tuesday SO
that the ßo^rd can 9,ve dlrectlon. He said there are no funds hudaeted
for the purchase of nrlv...te property- i'!nd c..'rchIlSf" of this land would
require a transfer from the Unlncorp0rat~d ....rel'l ~eneral ~~TfJ Qesf"rve
Fund. He Sðld Staff would propose to enter lnto II lease ~qreement
where the County would own the proocrty but would lease it. to either
the D1v1510n ot forestry and/or the lndependent flre dlstrlct in the
area, 80 lona as they <1uaranttte \,0 onerllte a ranaer statlon, a fire
station or some type of obs~rvat.l0n to~er. In response to Commlssioner
l1alse, Mr. T'orrl11 So'\l<'1 c;tl!ltf ~tit wlth thf" tlre departments IInd the
DlvlslC'n of F"orestry on 4/A/P'S IInd provldec1 th~m ',nth coples ot lnfor-
matlon regllrç<ln<1 the prorerty, however, he dl1 not kno\~ lt the tire
department or Por~stry people have actually loo~ed at the nroperty.
CO'll'lliRsloner lIo110'1n<:l all":E<d 11 the I"ore/;try fepartrnent mans t.he
tower on S.R. 2'1, I'In,\ Mr. rorrllj sale! that there ls II tow"r at Mil".
City and the nlVlslon of porestry personnel 10nlcatect 1n the atorf"~en-
tloned meetlnq thðt. thlS lS a vlable tower. !Ie sal0 th"'t therp IS t)ne,
ln the vlclnlty of ~'ðrco or Goo,Hand, th...t has been un:!',1nne<'l tor a
number of y~ars and they are propolllna to disass~mhle thllt t.ower and
erect it at the Golden Gate location.
Commissloner Holland said that he did not believe the tower on
S.R. 29 19 manned and that bother/! him, ad.hnq that he did not. f'1ind
support.lng a tower In r,olnen ~ate, however, It it wl11 be manned only
for three or tour oonths an0 then he unmanneo, that would be a problem.
CommiSSioner Voss Bald that the D1V1Bl0n of Forest.ry personnel
stat.tid thòt thiS year they were gOlnq to loo~ at t.hlS year's request
tor them to man the tower and also have two ranqers who would live
t.here. In responDe to Commissioner 'Iollðnrl's concern, ~r. rorrill said
he would have the rlst.rlct ~orestor be part of the present.at.lon it t.he
Board elect. to talk about this 'lllItter on 4/16/85. Comm1ss10ner Voss
suggestea placlng thlS matter on the agenda tor 4/16/Y5 ~s an e'llerqency
item.
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"or11 11, ¡r\~5
Co~mlssioner Haas& said that there has been discussion re~ardlng
water supply in the Golden Cate Estates and ~e asked If anyt.hinc more
has been pursued re~arding the City water line and the test wells? t1r.
Dorrill explained that Staff has pursueð with the County's en~lneer.
putting hydrants on raw water lines that the County and the City of
Naples have. He referred to a recent memoranðu~ trom Commis.loner
Rolland questioning why the fire depart.ment was not pursuin9 the SFWMD
te.t wells that are scattered throuohout that reClion and he ~xp1ained,
while th~ wells appear to be a viabie source of water, the f1re depart-
lIIent has not shown any particular interest 1n pursuing that. lie said
that the 1ndlcat1on has been t.hat there is not the capaclty or the
equipment on their trucks to pull ~ater out of the test wells.
~espondln9 to Commissioner Passe, Mr. Dorrill st.at.ed that he has been
inf~rmed that the lines are under less than 10 psl pressure whlCh ls,
apparently, enough posit.lve pressure to at least. teed the bac~-flow
value into a standard fire pumper. He said that t.he County enaineera
have been aaked ~o prepare some coat. estimates in terms of what. it.
would cost to put hydr1lnts on the raw water lines. He said there are
no water lines or water mainø in Golden Gate and the only other source
of ~ter would be the teat wells.
Comlllissl0ner Holland asked how (ar the <'olden G,\te Fire Department
goes into the area t.hey !lerve amI ~'r. Dorrill Sl'lid that they I!'erve only
about one-half of the Estates. Commlssioner Polland said t.h~t t.he
other half. where the fires occurred, was not. 1n the Golden c,ate Fire
Distr1ct.. nr. !'orr i 1 i 8ð id that there 15 /I r-<utual ....1<'1 Anreement. He
sald tnat the last actlon that the oreV10US Board ot County Commis-
Sloners took was to ta~e all the rema1n1nq un1ncorPOrat.ed area ot t.he
Count.y and put lt In a t.axlnq dlstrlct.
CommlsS1oner I'olland ~~ld that tht!re 18 a watp.r shortaqe, cur-
rently, and there lS close 1ntlìtr1ltlon pOS.lbll1tles Wltn not only the
City's wells but the County's weds, also. He S1l1r1 1t seeme( to h1m it
would be 1n the County's best lnterest ~nrl tor public satety, especi-
ally in that area that 1s not COVE.'I"!d by the í.olden Gale f'lrc I">ep/Ht-
ment, to go ahead and pursue thl!'o mal.ter. I!e Sð1è the Count.y has had
the offer trom the Rl'lrron Colller Comnany to use theJr pu~ps an<1 that
he has been told thvy can (JII th~ brush trucks ðR ta9t as they can
drive up from one of th~ h" t~st w~lls. He ~lIld ne coulrl not un~~r-
stand why the Fire Chl~t nas not looKed lnto th18 61tu,~tl0n.
':r. TJorrill scud th.:lt the Gclden Gl'lte rlstrlct voted that they
would not run calls out thcr.. 1n the future 1Inct that th~y woulrl not
partlclpðte Wlth the County 0v~n undt!r ð contract where they would he
pald to run calls out there. CommlRR10ner Holland sl'\ld thl'lt th~ time
has come and the County should do what"ver JS n..ccssary to ma~e t.he
water ava1l¡,ble.
Mr. f'X:>rrl1¡ said t'1.:1t r"'"rq..ncy '1t'1naq"ment r~orctJnator Y'/lgner is
workina on the availahJlltv cf sources of water If the f1re ~~oartment
ln that UTea lR not <101nn to sho" i'In lnccrtlVE' to oursue thls "'/ltt~'r,
ðnè, 1t W.:lS hiS opInion, tnat lt IS uo to the ("ountv to proceed wit.h
the tlre tower WhlCh woulQ provlde an lncentlve to make the people
participate. I;e lIald Staff wl1j contlnue to pursue the test wells as
well as the cost and feaslbillty of rut.tinq hydrants on the raw wat.er
lines.
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loard of County Co..issionera
l3.A. Reco...ndatlon for appoIntaenta to the Collier Cou~~y Tourlat
Deve1o~nt Council
Commissloner Voss sald at the last. meetlng of the TDC th. members
agreed to appolnt the people who currently serve on t.hls C~uncl1 whose
terms are explrlng.
13.B. Discusaion of resolution aupporting state lottery
Commlssioner Vos. said if people want to gamble he could not thlnk
of a bet.ter way to have it. done than to enhance the State's Treasury.
He said, it would seem t.o him, t.hat. since so many stateS do so well
wlth this Item it would be In the County's best interest. to h~ve the
Commisslon support, by resolution, an action br the St.ate to start a
Stat.e lott.ery.
Responding to Commissioner Hasse, Commissioner Voss sald that the
manner In which money get.s back to the County depends on the way the
Legislature sets up the lottery. He sald that many st.ates use the
money for their educational program.
Commissioner Holland agreed wlt.h CommIssioner Voss on the lott.ery
but not on Mr. Turlingt.on's recommendation of all the money going to
education. He sald that he thought Collier County has more needl t.hat
need to be met.. He said when t.here Is talk about. a $3,000 impact fee
on every new residence for parks, it was his opinion there is room for
part of t.he lottery money being used for t.his.
13.C. Resolution requesting t.he Florida DOT to locate a district
offlce In the Southwest Florlda area
Assistant Count.y Mðnager Dorrill explained t.hat the Fort Myers DOT
Office is a maintenance office, only. He said t.hat Collier Count.y is
currently part of the Fort Lauderdale Dist.rict and the other office is
in Bartow. He said that. t.he Lee Count.y Commission would like to see a
new District created wlth its home base in Lee Count.y. He said Staff
would like to see some t.ype of feaslbil1t.y report done to see how that
would affect Collier County. He said that Collier County may beneflt
more from being part of a larger District than Lee County does being
par~ of the Bartow District. He said thls resolut.ion encourages t.he
DOT to investigat.e and provide some t.ype of report as t.~ how a Fort.
Mywrs DOT office would dffect Collier County.
13.D. (NOTE I This wll1 be a verbal add-on Tuesday) Discusaion of date
for workshop for Advisory Board Ordinance (Com.. Voss.,
Commissioner Voss said that. t.he League of Women Voters suggested
t.hat the Commission have a workshop with publlc input. t.o talk about. t.he
structure of the Count.y's various Advisory Boards. He agreed thls
would be a good idea. He said he would suggest a date for that work-
shop at. the 4/16/85 ace meeting.
aOQ( 085 w, 534
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08.6 'A~r ~~~
Co\;nty Io"t«ðfney
6.C. (1) Iopproval for Collier County Houaing Finance
iasue ault1-taaily housing revenue bond. in an aaount
$9,750,000, for the acquisition and conatruction of a
apart.ent deve10p.ent. (Housing Finance Iouthority)
Iouthority to
not to exceec1
quaUfying
April 11, 1(\°5
Cvunty Attorney Saunders said t.his is a routine tyee of item and
ne requested that Att.orney P1ckworth explaln it. to the Commissioners.
Attorney P1ckworth sdid that these are not Industrlal Revenue
~onds although, technically speaking, a housing bond for mu1t.i-fami1y
projects i. an Industrial Revenue ~nd and the County does h~ve to have
to have a TEFRA Hearing. fie said that the Housing Finance Authority is
actually the i.suer of the bonds, hut when the t.a~ law was changed one
of the provisl0ns th",t was added was that he~ore bonds tor this pur-
pose, among other purposes such as ~ndustrial ~evenue Ronds, are lssued
the local qOvernlng hody wlt.h general jur111~iction over the area, which
is th_ Poard of County Commlssioners, must. approve the lssuance of the
bonds, even though the actual body that issues the bonds i. the Hou.~·
Finance Authority WhlCh is a separate ent.ity.
Mr. Pickworth sald that Golden ~ate Villas is an apartment project
located of f the ('.old.-, Gate PlIrkway by the C.olden c.ate Clvic Center and
it has been before ~~e Commission. He said in Jur.e 19P4, the ~oard of
County Commiss10ners approved a Planned Un1t ~evelopment for this
proJect tor 2RP units whlCh conslst of a mixture of one IInd t\~O bedroom
apartments. lie Sðld 1t was approved un':!er the ~ntry-level housing
provlsl0ns of the Zonlnc Ordlnancc WhlCh reOUlr~ that lt must be a PU~
and that up to 16 unlt5 per lIcre clln be developed. H~ slIld one of the
stlpulatl0ns mllde a p"rt of the PU~ was that the developer would comply
wlth all the reOUlrementG of the sections of the Internal nevenue Code
relatlng to entry ·level houslno. WhlCh the developer hils a~reed to do.
He reviewed the requlrements and s~d that the rnðln reOU1rement lS that
the'developer must rent, or reserve tor rental, 20! of the unlts in t.he
project to persons whose lncome lS no more thlJn PO! ot are/l Medlan,
whlch is ðpproxl~atcly S20.500. He Sðld that no unlts can be rented to
anyone whoae lncome exceed5 l~O' ot area median whJch would te 538,000.
He said that the proJect cannot be convertcd to an ownersh1p condo-
min1um tor a mlnlmu~ perIod of ten ve1lrs or the tl~e of the lonoest
bonds, whlchever 15 the greater a~ount.
Commlssioncr V~ss Slllrl that th'! Creatlve L1Vlnc OrC/lnlzatlon 1ft
attemptlno to dO the 5rl~~ tr,lnn, nut they ^r~ c~nterlno on lOw cost
houslns. an" ne /lnnen he han 50~e n^~e5 ot lnvolven lndJVlduðls he
would glVC' ~~r. P¡cKworth.
/.::. 1'1c¡'-Io,'orth Sðld that the I'ouslno Plnance ,\uthorlty 15 able to
help a Certùln nlcl1e, ..'hlC!\ constltutes those pconle to who!", dn extra
~lO(1 ð"lonth rent or mortql'lof' pélyment woulrl ellmlnate the.... 'Ie said
tilt.! way the rroc¡rð'" 1S structured mll)<:t1s It. ':!1ttlcult for the "ousino
Finance ^uthorltv to ht!lp tile verv low lnco!!'e r>eople t">ccausp. :here lire
no dlrect SUbSl01CS of any houslno unlts lnvolved In the proiect. unèer
dìIlCUSS10r.. I-!e saie' that all the \'ouslng F1nance ^uthorlty C'oes ls
provlC'e the tlnanclnc money at a lower thl'ln ","rket rllte whic~ drops
everythlng nown lntO t.he ~rea where lt becomes ~ore Econo~lca¡ly
feall1ble tor mor~ oeoDle to llve in thlS houllinn. He sald th1lt. the
Houslnc¡ Finance Aut.horltv lssues t.he bonds anc1 ioans tht! proc'!eds of
the sale of the bonds t.o the flnancin~ institutl0n which in turn loans
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1t .to t.he developer at IIn interest rate which 18 ahout 1-1/4 to 1-1/2
points above the rate on t.he bonds. lie 8IIid t.hat there 18 a three-way
a9ree~ent bet.we~n thft Aut.hority, the developer and the financing
institution. ~e .aid, es.ential1y, the financing institution takes the
risk of the succes. of the project and there is a cr,dit enhancement in
tho form of a Letter of Cred1t or pledged collateral which 1s the
primary back-up on the bonds, and because of that the bondholder is not
looking to the luccess of the project, hut rather he looks to the
credlt of the financ1~1 1natit.utlon tor re-payment of the bonds and for
that ~oason they are well rated ann a lower lntarest rate lS obtained.
In r.lpons. t.o Commlssloner Haase, ~r. Pickworth said t.~at. ma1n-
t.en~nce IS pðrt ot the áeveloop.r·ft responSJbll1ty IInd hP. 15 respons1ble
for that 1n the same way any developer is gOlng t.o be as part ot h1S
construct10n loan a<1reement. He said tn1\t the Housing Flnance Aut.hor-
lty 1s not an owner/operat.or or manaqer. ~e sald this project is not
subsid1zed nor is this government run housin~.
Respondlna to Comm1ssioner Pollllnd, Mr. ?lcKworth said this i. the
first luch project. He said thllt t.he Hou~lna Fln1\nCe Authorlty has
done a serles of slnal~ family issues to I\s~lst modcrllte income persons
in iii n'-ll e film 11 y 11 v 1 n'J .
Responrlln'J to Commi,sloner Hasse, r~r. pickworth sald that. t.he
developer has rather large flnllncinn comm1t~~nts IInd he must. naintaln
an occupan~y rat~ and hils to compete in 1'1 ~I\rket.
11.A. Resolution approving settle.~t of Deah Case Nos. 84-2264 and
84-2896, relat1ng t.o Cla. Pass Park
County Attorn~y ~aunders reterr~d to a maD IIn~ Innlr:at'!d the
location of Clam Pass Pl'lrJo:. !Ie saId th1\t Collier County applied tor a
south boardwc'lli< which r"n from the southf!rn '10rtlon of ()\lter Clllll1 Pay
t.o t.he southlHn end af Clam "aslI Pdrk. lie exol!!.1ne,i that Can Amorlcan
Seagllte Corporatlon (Shelter ~ea<1ate Corporatlonl tl1en a permit tor a
dock/boat/dock access svstem in the sa~~ area. He slIld thðt. t.he CER
provlded Colller County and Can ^mcrlcan Seaqate Carporatl0n an Intent
to Issue on both nerm1ts. fie st'1ted that homeo....ners petitioned 1)!':P tor
an ad~lnistratlve hearln~ on tho~e permltB 1Ind tr~ two admlnlstrat1ve
hearings ....er~ consolldðted for trial.
Mr. Saunders Sðld. because úf the proble~ of interference with
riparlbn riql1ts to VJ~"",ot the ~~a~ate S~hrllvlslon res1rlents, Rtatf
telt the County wou11 have to face tou~h lltiantlnn and could lose. He
sald Staff could not rletermine how ~uch thlr. would cost, 50 they
started looklng at IIlternatlves and ~ade anplicat10n tor a boardwalk
located In a generally northerly directlon, parallel to the Pel1can Bay
Improvement Dlstr1ct berm, then he1ldlnq due west across the northern
boundary of Outer Cla~ ~^y to the northern port10n of ~lam ~ass Park.
He said that the advantages to this plan are that the County would not
have to be concerned wlth rlparlan rlqhts of th~ resldent.s and that tha
Dr;R IInd others felt the northern boardwalk woul,j have less envlron-
~ental deterloratJOn. He snld that the County P.nvironmentallst felt.
thls locat1on would he h~tter. I'e sald that the northern boarrjwalk
woulrl be 3table and lt would ta~e th~ people to th~ larqe nortion of
the park where the facllitJcs could be located.
Mr. Saunders ~ald that the disadvantages of the nort.hern route 11
t.hat it wl1i C03t conslderably more than the pro~~serl sout.hern route.
aOOK 08ô PAC,! 536
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aDD( 08ÔP1',t537 Þpril 11, 1nc"S
H. st.ate(1 that !>\It,llC \':or\o;s "n"in1strator I<uck cHd IIn IIna1ysis of
anticipatttð COllt which ",oulc1 be "oJ'!roximat~ly 1.:> million ~ol1nrs. ne
said that Can American ~eagate Corporation ",ill provirte the beach
facilities ~11ch w111 become tne propvrty of the Count.y and that the
1.2 million ðollar t19ure lnc1udes utilit1es such ~s some rel!ltrooms.
~r. Saunders said t.h~t Cnn '~erlcan ~eanete Corporatlon has
committc-1 to plov1de 5200,000 to 52,.,0,000 tor the boardwelk, however,
funding will be II prohlem but somethln~ thet. can be resolved, ln his
opln1on.
Mr. ~aunders referred to the pðcket of lnformat.ion included in the
EX~cut1ve fummary wh1Ch contelns the Int.ent to ISlIue, the Beach
Fac1lity Agreelllent and the resolutlon dealing with thls 1te~. He
requested approval of a Ftipulation tor Continuance ot the t~o c~ses
that have been tiled ana1nBt t.he County reqard1ng the ~out~~rn ~arð-
walk and the doc~/boat./dock. pe .a1~ the Agreement 111 that. once II
permit has become tinal for the northern boardwalk, the County Attorney
w1ll withdraw, permanently, the two other 1Ipplicatlons.
Mr. Saunders sald that the action lIaainst Collier County IIn~ Can
Ar.1erlcan ~eagat~ has be...n flled by Carret~ F. X. Peyrent and Tcryl
Deyrent on hehalf of ~ev...r~l Ee~nðtP re~ldents.
~urln~ the riJSCUS5JOn that tollowed reoardlno t.he lennt.h of the
northern boiHdw/lII<: and r...latcd IMtters, Coml'115910ner Polland <'IsÌ':ed what
would hllpnen if the Count~ dld not hUl1d a bOðrdwðl~? ~r. Aaunders
reulit:d t.hat, In ~"'I\t C"Sf', t~p hGtel haB rnðde arr..nr":-ment" to run
peoPle, poss1hly ^lon~ the' ber~, to an eXl5t.lno Westlnqhouse ~oarawalk
and they would hav~ separat~ t~cl1ltJCS. p~ s~ld t.hJS ~ould l~ave
Collier Count.y wlth a 3h acre onrk ~lth no hcceBS to the south.
Ccmmls810ner V")5B excrl.·sset' nl" 001nl0'1 that th~ rpal DOlnt is
that. at thls pOln\., t.h" County C,1n Ot,t money lrom ':estJnQh0USe
Commun1tles of "...oleA, Inc. to aSSlst thE' County. Pr. !';aunders Bald
that Jf the hotel ~oeB not hUlld thE' doc~/hoat/dnck systew th€y have to
contr1hute that ¡¡rroollnt of mon..v to th.. Coullty tor ltf. hoarowalÌ':.
!'ubllC Wor":!'I l,dmJnl6triltor '<uck ~'xD¡iI¡llen thðt \""ßtlnqhOu I\f' Commu-
n1tlcs of ';,,,,")1"1\, Inc. IS c;hiJnl'tptt to hu¡1rl t"c County ð twü-"cre
p¡¡r~Jnr¡ iot that 0,,0111 ðCCOr:-.J!'orll'\t" ¡r') iSuto!ooblieA ...nn he' ¡nc1Jçatet1 t"e
locatjon of that tilCJllty.
I~r. I~uc"- SùlC'! t!~... C::>unt~' 15 far~d "Jt~, thre" cnOlc <o; In ('rncr t.o
use the pl'r": fllCJ1¡tll'!,;, on" of ....hlC., 11' roU¡1Cln'1 l\ ').."~rr w,,lk, another,
U&ln" the p,")rkJnn lot l',!]d pr')V1ClntT a ',.;ðV to trlln!:''''ort 1"'~("Inl( to ust:
the 2(1 toot "ecess titr)" ane! tnc thJr( cnolce, pur(''''",s)nn ttle l'apl.eB
Cay pronerty, ,"11J0'1 18 nl't [..;lIoIJ"''''' (!I1'! tc "hI' COllt t'eJnr ', I\~"d tor the
prorerty.
',Or. Fllunc1p.rs rel";·rkprJ thl!t "tI~t ,ook""] ,~t "'I'nv nl ftf'rf'n~ OOSSl-
bl11tl" I\ tor \.ren~r:ortll'n peon", to r,ill" 1';¡!'<1i P,1r)o:. "r. "I1c": "a 1'" thp
hOArc11oo'all: h/::'3 not ~npn Ol'Al"1neor', ~'o'"pvpr, th~rl' Ioo'ljl 1'"" ¡¡ 6' to ~,
sectJcn WJth" iJttl!]n m"chM,Jsrr, ¡OCd~"c! wt1E:r" th... chllnn.,l ooe" t.hrouoh
to ~ccommOdlltf' B~llho~ts nOJna In ann out of th., area, wnlC~ JS a
pro'llsHm "'êlrie hy tt,t! ('''"F. '
11.8.
Repeal of Ordinance 76-71
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County Þt.torney Saunders laid th{s is ~n iteM that he and
A.sistant County Att.orney ^nder.on have <lilcu.øed for IIometimlt. 'I.
..id thftt this ill the old ordinance thftt call. tor a orocedure tor
s.t.t1nq rat." ane! grðnt.inq franc1lise. tor utilities. ' lie snid that the
CCURR9 Ordlnance waD p>llled w~ich Qli~1nat'!B the n~ed ot Ordlnancø
7&-71 .no thiS is M requelt tor approvdl to adv~rtlse the rep~al of
t.hat. 01'din:lnce. He said t,h1s item is not tied in IJny w'"'y t.o tlu!
8ubject of P~C jur¡!!áictlon over utility rðte h~ðr1nqs. flQ sI11d th..t
the Count.y currently hdS a law~ult ·.~l~h den Is wlth the constitution-
ality of C"rc11nance 7(,-71 anrl repp.al "'0111-1 l"li"linllte th>lt lawBuit.,
althouqh that is not the reason tor the reauested r~oeai.
Con..nt
16.F. (1) R.qu..t to incr.... the salary of the Stat. Attorn.y
pro..cutor for the C1ty/County Ordtnance.
County ~ttorn€v ~.und~rs Sðlrl t~~t this it..."' 9houl~ r~ad "Incrcase
the salary of the ~tðte ~ttorney aS61nnp~ to pro~eçut.~ Cltv I1nd Count.y
code violations". liE' 5,1],1 there 19 a t~rcc ryiHty J'lreC'rnent bet~/ecn tht'
St.ate Attorn~y, Clty of ~apirls and Colller County whICh provl~es thu
salllry of one St.at.e f,ttornE'Y õ1t1d th'i' .al"r'o' of one secretary. qa slIir!
t.he primary rp.sponsiblilty of that St.llte Attorney is code enforcement
for t.he City and the County. Ila Salr) the lncrcoJSc in sðlary lS the
standard lncrease t'l/1t th" St1ltf' Attorney nrovldcs to his peorle after
passarye of a CE'rt."ln Urn"", and th,. CJ.ty ,...ill have to npprove this '
lncrel'lse.
Responrl1nr¡ to ('O"',",lSSJOner "oll'md, "'r. Saunrlers s1'l1<1 that the
contract with thl~ ~tate Attorney 1~ tcr the ~ntlr~ t15cal y~ar,
however, thcrd waß ~ ßal~rv r~nn~ In the contrðrt ot ~lh,n"~ to SlR,On"
and the County ðntlclpat~rl th~t the Stl'lte Attornev would get a salary
increase, ducln~ th~ y~1Ir, ~lnc'! lt h~ß happened In t~e p~st lit about
thls time 1n the Y'!ðr. 11(' naH1 tn:\t tnp county coult1 prot\ðbly "'like '-In
arranqement that th'J ~alarv lncreas~ occur ~t the tlrst ot the year.
CommiSS10ner Voss said lt was hlS oplnl0n that thn County had no
alternative, notlnn that t~'! ~tate's 'ttorney r~~qlvpn t.h1s att.ornev a
ralse and the Countv has to pay haif or It.
ComJ'1l8S10ner I'011an1 salrl, if the <.ountv has a contr,1ct, he ,11d
not see how the Statp Attorney c0uid channe It. ur. raunrlers said t~at
the StDtc's I\ttorn.!y has 11 scher:l'Jj(? anrl wit'l1n '-I cprt1lJn p~t'10d of timp
these peoplE' get IIn automatIc pIlSf'.
Mr. Saunders sald that the Countv coul~ turn rlown this salary
increase renu~st '-Ind It was his oplnlon, at that pOl nt, the Stat.e'.
Attorney would ncobat<ly assi'1n II,ttornev Pl!.t ',o/eher to some other dut.ies
and hlre some':>ody t!ise to do the C0unty and City work.
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There IHnnq n:> turthE'r bllslness, t.nt' mp.etlnq ,",',H; ad)ol1rn"d hy
Order of thp Chalr - Tl~el llll~ .....~.
&OO( OSR PI',t 538
Pl'lqe 17
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