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BCC Minutes 06/16/1992 R Naples, Florida, June 16, 1992 LET IT BE REMEMBERED, that the Board of County Commissioners in and for the County of Collier, and also acting as the Board of Zoning Appeals and ss the governing hoard(s) of such special districts as have been created according to law and having conducted busines~ herein, met on this date at 9:00 A.M. in REGULAR SESSION In Building #F" Of the O~vernment Complex, ~lat Naplem, Florid4, w~th the following members present: CHAIRMAN: VICE-CHAIRMAN: (ABSENT) Michael J. Volpe Richard S. Shanahan Burr L. Saunders I~lx A0 Names, Jr, Patricla A. Ooodn~ght ALSO PRESENT: Jim Giles, Clerk of Courts; John Yonkosky, Finance D~rector; Ellis Hoffman, Kathy Meyers and Debby Farris, Deputy Clerks; Ne~/ Dorrill, County Manager; Jennifer Edwards, Assistant to the Cotmty Manager; Ken Cuyler, County Attorney; Brenda Wilson, Mar]otis Student, David Weigel, Dennis Cronin and Rich Yovanov~ch, Assistant County Attorneys; Frank Brutt, Community Development Services Adlin~ltrator; Mike Arnold, Utilities Adm~nistrator, F~ed Bloetscher, Pro]acta Management D~rector; Tom Olliff, Public Se=v~ces Administrator; Ron Cook, U~l~t~ee F~nance D~rec~or; Ron Jamro, Museum D~rector; Ph~p Scheff and Sam Saadeh, Planners; Sue F~lson, A~n~strat~ve Assistant to the Boa=d~ and Deputy Byron Toml~nson, -Sheriff's Office. Page (4,1) June 16, 1992 Comm/~toner Shanahanmoved, ~econded by Commtee/oner Huee and carried unanimously, that the agenda be approved with the changee d~ta/led on the Agenda Chang~ Sh~t and the follo~/ng additional Item #80! - Recommendation that the Board of County Co~ualeeloners review the current park related land holdings ~nd authorize the sale of fifteen (15) acres of property within Pelican Bay - To be introduced and then continued to 6/30/92. 09 Page 2 June 16, 1992 h ~otioa for ei~rova! of the Consent Agenda Is noted under Item ,16. [}~: M~IflJT~ OF TRII R~GUL&R N~NTING OF ~BRUARY 18, 1992 - &PPROVED Co~tseLon~r H~se ~oved, emconded by Co,missioner 5hanahan and ca~rl~un~n~u~!¥, to appr~ the mtnuten of the R~ar ~tlng of Feb~ 18, 1992. Co--tse/oner Volpe presented an Employee Service Award to Ramlro ,Ponce, of the Road and Bridge Department, for five years of service !!':'with Collier co~ty Gover~ent. (~) ~ ~~ 92-302; 92-304/305; 92-307/309; 92-312/314; ~ CommlooloneF Haooe moved, oeconded by CommteeLoner 8hanmhan and c81~1ed unmntBouoly, that Budget AmendBmnte 92-302; 92-304/305; o~-ao~/soo~ 02-~2/~14; end o2-31s/3~ be 8dopted. (480) ~ ~ RL~OLUTIOX 92-22-& - &DOX:~LTD Co~t~Loner Hu~ ~wd, ~conded by Conteeloner ~ ~nd carried un~n/mou~ly, that Budget Amendment Re.slut/on 92-22-A be . en 000 ,. Page 3 3une ].6, 1992 ~.. (cB~) Finance Director Yonkosky recalled that on October 16, 1990, the Conlsslon approved an agreement with Coopers & Lybrand, Certified Public Accounts for the audits of Collier County for the two fiscal years ending September 30, 1990 and 1991. He Indicated that the agreement provided for one additional year, if approved by majority vote of the Board. Mr. Yonkosky advised that Coopers & Lybrand has requested that the Coulsslon exercise this option to extend the agreement for one addi- tional year. Mr. Yonkosk~ reported that the first year contract cost was $155,000, however, this has Increased by a not-to-exceed 6~ cost of living Increase each year. He revealed If the extension Is approved this year, the cost to the County will be $174,158. Mr. Yonkoskw requested that the Co,lesion review the status of the contract and provide direction as appropriate. Couissioner Saunders remarked that he is supportive of extending the contract for one year, but It seems appropriate to have com- petitive selection for next year. Mr. Yonkosk¥ agreed, noting that it iS the Intent of the Auditor's Finance Committee to solicit proposals at the end of that period. Co~tuio~r ~mders moved, ~conded by Co~i.slo~r Sh~nah~n and ~ig ul~ly, t~t t~ c~tr~t with C~rs t Lybr~ ~ (esa) Finance Director Yonkosky stated when the Couleslon established the plan of dissolution for the Pelican Bay Improvement District Page June 16, 1992 (PBID), through Resolution 91-217, it was anticipated that at much tl~e ae financial and other significant benefits existed to allow for tho Collier County Nater-Sewer District to refund the PBID bonds, staff would cone back before the Board. Re noted In recent weeks, there have been several discussions and the Commission approved refunding those bonds. Nr. Yonkosky explained under Rule 15c2-12 of the Securities and F~change Act of 1934, the Board of Collier County, Ex-Officio, the ~overning board of the Collier County Water-Sewer District suet approv~ the fora of the Preliminary Official Statement as fine1 prior to Its tale&se to potentt&l Investors. lie pointed out that last week, he distributed to the Co~tsston a copy of the Preliminary Official · tate~ent. He Indicated that ~nds are ~ttclpated to be prtced the ~lk of J~l 22, 1992. .. ~. Yo~osky ~ested ~pprov~l of the Preliminary Offlctal Page 5 3une 16, ].992 I~tUI~TTOOBTAXMAFFROVAL FOR TEE P&l14W11T OF TI~ 8ECO31D ~?lO~ ~ FIt0N TEE $15,T80,000 COi44~tCXAL PAFB3t FltOGRA14 - REBATE Il T~ ANOU~T OF $?0,624 APFROVED Finance Director Yonkosk¥ advised that the Tax Reform Act of 1986 created the Arbitrage Rebate Rules, and these rules require agencies that issue tax exempt bonds or loans to rebate to the Internal Revenue Service the excess of Interest earnings over the actual Interest expense of that bond Issue or loan. He revealed in 1989 subsequent mnd~ente ~ere made to the Internal Revenue Code and allowed an issuing agency to elect a one time nonreversible penalty method of calculating the rebate. He Indicated under the penalty method the issuer ia allowed to keep all the Interest earned, however, If a cer- tain spending pattern is not met, a penalty ~ust be paid to IRS In the form of a rebate. Nr. Yonkosky referred to the Executive Su;mary, detailing the &mount of the net proceeds that smst be spent within the specific rise ?i~i~ltlltao Re annotmced that prior to borrowing the $13,750,000 It was aftttclpated that the proceeds would be spent within the required time frames, however, this has not been set, therefore, rebate payment must Nr. Yonkosky stated that since the date of borrowing, through April, 1992, the Interest earned Is $89i,377, less the rebate of the first Interest calculation In the amount of $13,001, the second calcu- lation is now $70,624 and the net Interest earned Is $810,752 Nr. Yonkoek¥ requested that the Co~u~tseton approve the rebate In tha mmount of ce~tedurm~tmm~l¥, to ~ th~ retire In th~ ~mount ot STO,6~& to the Inte~m~l ~ ~ervlce. :;.FR~ I. TBQN~, 31t., REFitE~ITX~ COLI, XEIt COUNTY ~K)~XIG AUTIORXTT ~ ~0~SX]K3 COI44XTTE~ 000 ?~t! 18' Page 6 Suns 16, 1992 Mr. Fred Thomas, Executive Director, Collier County Housing Authority, called attention to and read Section 3 - Housing, provided in Resolution 90-292/Development Order 90-3, relating to the Grey 0aka DRI. He noted that the Barton Collier Company ie willing to donate 15 acres of land, adjacent to Parmworkere Village in Immokalee and sell at one-haiti of Ate fair market value to the Houstno Authority, 50+ acres oti land adjacent to Collier Village. Mr. Thomas requested that the Commission interpret an agreement of this tTpe as satisfaction oti provision in the Development Order. He advised that he approached the Southwest Florida Regional Planning Council (SWFRPC) and they have communicated that "The Development Order for Grey Oaks, DRI, specifies that the applicant shall reserve a tract of land within the development for participation in a housing program adopted by the County .... and SWFRPC suggests that the County pursue the exchange of 15 acres of land adjacent to Farmworkers Village in Immokalee. The primary reason for the support of this exchange is the success that the Collier County Housing Authority has tn experiencing the development of a model housing project in Far,workers sites, of the for the Village Although support exchange luokalee parcel site should be considered an exception to the reaso- n&bls distance policy followed by the County. the ability of the Housing Authority to put affordable housing on the grounds warrants ~upport of the Council and the County." In response to Commissioner Goodnight, Mr. Thomas reported that the tiunding for the 15 acres will be provided by FMHA and limited to farm labor housing. He announced that he is attempting to have HUD provide the unite for the 50+ acres. Mr. David Borden, representing Peninsula Improvement Corporation, stated that the commitment to sell the land does not include any par- ticular uae contingencies. AssiSt&hr County Attorney Student stated that she believes it !~.:..wo~ld be appropriate for the Commission to direct the County Attorney's Office to do additional research in this regard since DCA 19 Page 7 3une 16, 1992 i~f", is involved and they could challenge any amendment to the Development Order. She remarked that the proposal and the language in the Development Order need to be reviewed to determine what may be needed in way of a formal amendment to the Development Order. In addition, ~ ~~r she related that input from DCA should be obtained with regard to the i?* '~ proposal. Con.unity Development Services Administrator Brutt suggested that the proposal be reviewed by members of the Affordable Housing Commission to receive their Input. In addition, he remarked that the ? * DRI language does not indicate that the land shall be sold and the ,i,' money is to come back for affordable housing. He stated that there :- should be a more thorough evaluation of the complete package. " Coo~lssioner Shanahan ~ad, eecomle~ by Commissioner Saun~re and ~'. car~l~ unanl~ly, to c~c~lly s~r~ the ~roachl ~talf to }~,, ~t~ t~t fr~ ~ ~ ~ Affor~ble l~t~ Co~lseton. ~ILIZINO ~ ~I~ ~OD OF COLLECTION - ~KS IN ~SES~ R0~ - ~D Legal notice having been published tn the Naples Daily News on May 12, 1992, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was continued from June 9, 1992. Utilities Administrator Arnold advised that Items #12C1 through #12C4 correlate with Districts I through · of the East and South Naples Sewer Project. He recalled that the public hearing relative to , · District 5 is scheduled for July 21 1992 Mr. Arnold reported that as previously directed by the Commission, he will be presenting various funding alternatives. He advised that as it presently stands, with the reductions and mitigating steps that have been taken thus far, the total amount to be recovered through tbs assessments ts approximately $27.4 million. He indicated that items to be considered for further reductions are: school assessments 000,, 2O Page 8 June 16, 1992 totaling $207,000; paving costs totaling $796,000; approximately 8495,000 from the South one-half of Sewer Area "B" MSTD monies do not directly relate to a reduction in assessments, however, refunds would ' be made to those property owners or a reduction would be made in the ad valorem tax bills. Mr. Arnold stated that the Co~tasion may wish to consider a 81.00 per month surcharge on all sewer bills for those within the Collier County Water/Sewer District since some benefit did accrue to all those (' users. however the sizing of that issue was predicated on projections in terms of Impact fee collections. He noted that 100~ of the impact fees were ~dgeted to be ftn~ced but tn actuality, this Is running · ~t 40~ ~d there are collections tn excess of the projections in Mr. Arnold recalled that last year there was a refinancing of bond Issues and new money was Involved in terms of additional water/sewer projects proposed. He indicated that $8 million was targeted for sewer projects to be constructed with the bond proceeds, the Impact Fee Trust Accounts. He reported that the excess fees may be used to buy do~fll the second bond issue. He stated that staff pro- poses to buy down 82.7 million of the East and South Naples bond issue, resulting In a 10~ reduction across all five districts. Re advised that in order to do this, It would be necessary to amend the bond resolution that accompanied the refinancing last year. He revealed that he believes this is a supportable mechanism to reduce the assessments. Mr. Arnold stated that the 8207,000 school assessments could be paid fro~ General Fund Reserves. Co~mteeloner Saundere indicated that he supports using the unin- corporated area general fund ad valorem tax fund for the $207,000. Conieatoner Shanahan concurred with Co.missioner Saunders' suggestion. Co--isotoner Yelps suggested that this be spread out county-wide. Contsetonere masse and Goodntght concurred. Page 9 3use 16, 1992 With respect to the paving costs, Hr. Arnold revealed that $175,000 could be committed to the buy do~n of the assessments, and the remaining balance of $621,000 could be paid from Utility Reserves a~d subsequent to Board action today, an agreement could be prepared between the Water/Sewer District and the Board of County Commissioners setting forth a nuJber of years for repayment back Into the Utility laaervaa. The Commission concurred with this suggestion. Ooatsatonar Volpe questioned whether staff has been able to do anything with regard to reducing the interest rates. Mr. Arnold replied that this has been discussed with the Underwriters and the ,~-: Financial Advisor, and they ara not recommending a reduction In · Interest rates since they are already down to the bare'bones which Is 6.6~. Mr. Arnold reported that the proposed $2.7 alllton buy down of the bond Issue will result In a 10~{ reduction in the assessments; 3~ reduction In the paving costs; school assessment (District I only) reduction; and the south half of Sewer Area "B" {District 1) reduction. see {~ 10:40 A.#. - Weconv~ne~ lO:SS A.M. ese The following persons spoke with regard to the Zest and South ~..~.Waplee Sanitary Sewer System: ...~ Mr. Harold Hall Ns. Nsry-Francea Kruse · Mr. I~obert ~resh~ua . Mr,:'.' Jerry House M~, ,~' ~-arry ln~ram Jo~ Fa~er ; ~. HI Lepley .~ TUB Stasko ~ ~rphy :.J~e 1 Ferrell Pastor David Mallory las# moved, secoude~ by Oo--is~loaer ~x~tul{ht ami ~une 16, 1992 · caz~led~m~m~ml?, to clo~ the public baring, The Commission concurred with the following funding alternmtlvee: 02.7 million to buy down the assessments through the excess bond pro- ceeds, which represents a 10~ reduction; $500,000 rebate to property owners relative to the south 1/2 of Sewer Area "B" monies; $796,000 paving costa advanced from Utility Reserves with $206,000 school assessment reimbursed through county-wide General Fund. Mr. Arnold announced that staff will Insert the reduced dollar amounts per d/strict and revise the front footage rates tn the appropriate resolutions. Re advised that he will report back to the Commission later in the day with the revised numbers at which time the Board will take action on adopting the resolutions. He remarked that the list of changes that staff was previously directed to make will be incorporated into the final adoption package. C4~i~r ~d~rs moved, Hconded b~ Com~lHton~r Sh~n~han ~nd c~L-FIH ~Imou~ly, to a~r~ the 2? ch~ges, to the District ~ ~1~ ~~t ~11, . l~lcatH In Staff's ~lbit. ~ ~ ~~ ~ ~ ~ MON-~ V~O~ ~5~5~ ROLL ~R ~ILIZIN ~ ~I~ ~0D OF COLLECTION - ~GE5 IN ~E~ ;? Legal notice having been published in the Naples Daily News on May 12, 1992, as evidenced by Affidavit of Publication filed with the Clerk, ~ublic hearing was continued from June 9, 1992. This Item was discussed in conjunction with Item #12C1 above. CommImmA~nmr Ilmmae moved, seconded by Commlsaioner Ooodntght ~nd ~x'~I~vAr~w~Isto~mly, to close the publtc hemr/ng. C~mm/ut~r kund~re ~ov~d, seconded by Coulesloner Sb~uz~z~ ~nd g~l~d ~Im~u~ly, to approvw the one change to the Dletrtct l~lt~Jke~e~em~nt Roi1, u Indicated tn Staff's Exhibit. ese ~ at 1:15 P.N. - lteconv~ned at 2:05 P.N. at ~ich t~ ~ Clerk ~rs replac~ ~ty Clerk Eo~ 3un~ 16, 1992 ~ ~OU~I~G ~tL~OR~ PRE~E~I~D BY 3J~l~ VARNER R~I~J~S~IEG /q[g T&~PAt~ ACTIO~ GROUP Sane Varner referred to the details of a report (copy of packet not provided to the Clerk to the Board) on the conditions of affor- dable housing in Naples. She discussed that TAG has reviewed the final report from the Affordable Housing Task Force dated 1990 and discussed the portion containing the Wolf Study. She commented that the Wolf report refers to a vast shortage of affordable housing, which mhm deemed dad not bear out reality, since the newspaper shows many vacancies in rental properties. She requested that the County review the actual needs for affor- dable houming, and to take into consideration what is a/ready currently available. The following people spoke to this issue: Greg Mthaltk Jan Pardue ~'Pat Pilcher [i...' Mr. Mlhalik and Ma. Varner agreed to meet to discuss this issue ilit: further. (,es) 'Xtlmdrl, Z ~ ~ ~xsa ~. ~A~ ~o ~osxB~ ~XC~CLXXG, SZAX*W.~OAPm~XXG, awn ~ ~ o~ sso~xwo czw.zza SXD~S - cov~r~ A~ DZW~C~D LAma A. Paul reported that skateboards and bicycles are becoming a ":~"' hazard in 8hopPing centers. She explained that in addition to her- self, various merchants as well as shoppers would like an Ordinance J-'~ . proposed that would prohibit these activities. She pointed out that oven with posted signs, the Sheriff's Department has no enforcement. She noted that the Sheriff's Department concurs that it is needed. County Attorney Cuyler advised the Board that he will research . this request, determine if an ordinance can be drafted, and if so Page 12 it will be advertised and presented to the Board. Robert Just spoke to this issue. Suns 16, 1992 C~X~tIMW~wxIIo~Ii¥, to direct the Count7 Attornr/ to tnv~mttpte the ~bltl~ at bt~lt~, roller ~te~ ~i~l~ ~ t~ ~~t ~a~ttng of ~ ordl~ce. (87e) Xt~ ~ ~. ~S ~XTXON ~R & ~1~ OF I~&CT ~ ~~ ~R Frank P. Nurphy, Attorney representing churches of East Naples, explained that since he flied this Petition, Staff has revised the Impact Fee Schedule. He deemed the revision aa fair and equitable. Fred Bloetscher, Assistant Utilities Administrator, distributed a handout which is a proposed appendix to the Impact Fee Ordinance, with the revision that the rates for sewer impact fees will be based on water meter size. He noted that data is betng finalized by Staff, and the Co~u~t¥ Attorney's office Is preparing a revision to the Impact Fee Ordinance, which will be presented to the Board at a later date. (10S0) Xt~ 'ND1 )~I~J;~X0~ 92-S40/CRa 92-16, D~I~XIrXNG I~l CO~V~Y~ OF ~aal~l~ ~JD TIL~~OF UTXLXTT ~RV/C~ FOR M&T~, S~E~R J~ XRRXG&TXOII S~RV/C~ ~ F~LXW B&T - iDOPT~ Fred Bloetscher explained that this Resolution will allow the selling of bonds to refund the current Peltcan Bay Bonds and transfer that debt obligation to the Hater-Sewer District and at the same time transfer th~ assets to the Mater-Sewer District. Page 13 3une 16, 1992 (118l) II~L~TZQIIIRT-~O-2~, NIC~JLI~ R&NS~f R/3q~8iRTZXG NZT,,E~ C. TRUITBB, I1:~~ A COIIDZTZOIIJLT~ O'a~ ~["l"~ZO~ PO'RSU&,IT I'0 S'DI~cJ~CTZO~ ~ O~ ~I"ZOI ~.~.9 (~g:lr'l'Z,Ikr., ~g/~9'ZC~) OE ~ "A" 7.,OIIZIIG DZS"'I'I~ZC~ Sam Saadeh, Project Planner, reported that Staff has not received any of the Information requested from the Petitioner, and thereffore ts recoamendtng denial of the Extension due to an incomplete submittal. ~ gi~'~ied &lO, (~issioner Sh~rilIa~n &b~t&in~t) to d~ny htit/on June 16, 1992 (~28o) Xtra ~1 AOTNOR/ZATIOM OF SALE OF YIFTEEN ACRES OF PROPERTY IH I~LICAR BAY - ~~ TO ~ 30, 1992 ~ CO~ A~O~ DI~C~ TO CO~A~ ~~E TO OBTAIN A D~ED ~T ~ NO ~~ ~IBION ~ IS Tom Olltff, Public ServJces Administrator, reported that the l§ acre parcel In Pelican Bay ts adjacent to the library and the proposed EMS facility. County Attorney Cuyler confirmed that the PUD designates that this site can be used as governmental facilities or a community park. Mr. Olltff explained that the original Intent of the'l§ acres was for park property, however the Park Staff has indicated that tn terms of acreage and size, a more sizable parcel would be desirable. Dennis P. Crontn, Assistant County Attorney, advised the Board that the ability to transfer the Pelican Bay site once it is accepted, will be restricted by the PUD, and the uses Identified within the PUD. Commissioner Saunders stated he ts not persuaded that this pro- perry should be sold. Commtlaloner S~underl moved, leconded by Commissioner Hues and !? cmrxle4 unanimously, to reject the accept~ce of t~ ~tt clatl ~ , :* ~ttt~ ~ ~lttnghoule Co~lttee ae it te tnco~tltent with the ~, ~ dtr~t the C~ Attorney to contact ~sttngh~le to obtain ~:.~:. I d~ ~t ~ no rnerter provision ~d te coutetent wtth the ~. ~TI~ ~~D OF ~ D~ ~R ~ HISTORIC C~I~ ~RY ~~ ~ ~0~ ~ ~ ~~ES ~~ CLX, INC. - ~ 0F A~I~ ~ ~ D~~ ~ ~~ES CI~ ~ ~I~S OF ~ Tom Olltff related that this Is a donation of property and a building located tn the Everglades City area from the Everglades Woman's Club, to be converted Into a museum. Mr. Olllff referred to the details of the Executive Summary regarding this item. Mr. Olltff noted that one of the restrictions tn the deed states Suns 16, 1992 that the property Is to be used only as a museum. Ron Ja~ro, ~useum Director, related that Everglades City is the origins of Collier County and froa a long term strategic view, he deemed the property to be in a proper location and the building to be a sound structure. Pauline Reeves spoke to this ires. ~atot~r ~u~ers ~ov~d, secon~d ~ Couissto~r S~n ~ ~i~ 4/1, (~ssi~r Vol~ o~) to accept t~ ~ ~ ~ise a pl~ Of ~ti~ with the CiW of ~ergl~s ~d the ~ten~ of the ~ for ~ ~lo~nt of the faciliW into a ~. It~ I~OT. UT~ON 92-341[C~ 92-21~ RE THE ~ORTH Legal notice having been published in the Naples Daily News on June iS, 1992, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. Items #15D5 and #15D6 were heard in conjunction with #8D2. Fred Bloetscher reported that the proposed Agreement has been modified, and noted that it will recognize incorporation into the County's Regional System, and exempt North Naples Utilities customers from water impact fees. Regard/ng sewer impact fees, Mr. Bloetscher reported that the developer will pay the Impact fees, and therefore no additional bills will be sent to residential customers. " Referring to page 5 of the Agreement, paragraph ll, line 4, 14r. Bloetscher noted the fo/lowing changes within the Blue Book handout (copy not provided to the Clerk to the Board): "the residential property owners". Referring to page 5, paragraph 11, line 6, Mr. Bloetscher noted that $600,000 should be corrected to $643,200. Referring to page 6, line 6, Mr. Bloetscher noted the lease period ia five years instead of four. Referring to page 6, paragraph 11, the fourth lane from the bot- tom, the word 'residential' should be inserted. Cg~m/eelo~r Goodntgh~ mov*d, ~econded by Commissioner S&undera ~ ~1~ ~~ly, to a~r~ the A~nt with Page June 16, 1992 Mr. Bloetscher reported that this item is the award of Bid $92-1843, which tea water line along the eastern boundary of Longshore Lakes from Immokalee Road to the North Naples Utilities Water Plant Site. He noted that the low bidder was Gu~ann Construction Company in the amount of $331,883.00. Ogmm/~io~er S~anders Boy.d, ~econded by Co~tea/on~r GoodnL~ht · n~ C~XTte~ unamimonsl¥, to ~atrd Bid $92-1843 to Onym~nn Constrnctton ~ ~ ~e ~t of $~Sl,88~.00. ~ ~ ~ F~ILITI~ ~ ~R QUAIL ~ VI~, ~ Mr. Bloetscher reported that this item Is for water and 8ewer facilities a~reements for Quail Creek Village, enabling North Naples Utilities to serve the homes on an interim basis. He added that go daya from now the agreements will have no value. ~teei~,e~ ~ra moved., ~econ~e~ by ~taalo~r~ ~i~t 43' Page 18 3une 16, 1992 4,ol2. Sandra Taylor, Real Property Management Director, reviewed that Real Property Management is enabling to coordinate policies and proce- dures to expedite the overall right-of-way acquisition process. She Informed the Board that these proposed policies and procedures have been reviewed and approved by the County Attorney's Office. She referred to the details of the Executive Summary regarding this item. Jennifer E~wards, Assistant to the Oounty Manager, advised the Board that County Manager Dorrtll has reviewed the proposal and has no problems with it. smd ~l~ted~mm~lmo~sl¥, to ~pprovw the propo~d 4~l.~"e~, t.h, el~ ~n~ Rl~olutio~ 92-$42, 92-343 a~d g2-~44. Page 19 ~une ~, ~992 Legal notice having been published in the Naples Daily News on April 23, 1992, as evidenced by Affidavit of Publication Tiled with the Clerk, public hearing was opened. Philip SchefT, Project Planner, reviewed thai the Petitioner pro- poses the following recommendations: Limiting res/dent/al development to a maximum of 360 units over the total PUD, as opposed to 388 units that are presently approved; 2. Allow a maximum of 60 unite on the temporary sewage treatment plant 8its; 3. Allow a ~mxtmum of 300 unite on areas adjoining the golf course. Mr. Scheff reported that Staff recommends approval of the Petition · ubJect to the de/et/on of Stipulations G and N, and the addition of the Petitioner's three recommendations as previously mentioned and as noted on page 3 of the Executive Summary. Nilltu Vines pointed out that there had been considerable >' discussion at the previous meeting to limit the number of unite '~"f.., adjoining the golf course to 300, which he has included tn his recom- ':' ~' ~e ndat t one. :' Frail Oaks spoke to this Item. ,, (~.oee) - Conditienal Ose other than residential would ~ to be &pprov~d by ~ ~, ~ ~t O~/mce 92-41 ~ ~pt~ ~d enter~ into eee ~ It 4:40 P.M. - ~con~ 1992 FOR TZ(~RTAZL BLqC~ - STAY/' DXRZCT]~ TO N'XT'B ~ FUNDZNG SOURC'~ Bz~XMG ~ II~GZONAL Tom Conrecode, Director of the Office of Capital Projects Management, presented several options, and reconunends the addition of 32 parking spaces within the gravel lot currently in Tigertatl Beach Park and the addition of 100 spaces in an area to the northeast of the gravel lot. He noted that this ts the most cost effective option, as any other option would involve purchase. Gl1Mueller and Andrew Wallach spoke to this item. Commissioner Shanahan recommended that Tom Clltff further Investi- gate honoring the City of Naples Beach Parking Stickers at all County Beaches and look Into Increasing the general parking rate. clz~tedv~lntmousl~, to Implement Goals ! ind 2 ~lth fundtng tol~ provtd~di~o~z~gton~l p~rktmp~ctf~s. It.~lE1 ~:)I~I~CII 92-$45 &MEIIDZNG R~I~LUTZON C~-91-6 ZN 0RDEIR IRI~C~I~I~G~IO~I~ERZ~ 1991PR03ECTRETR~E&STJUIDS~)UTR~ ~/XT~t'T~ SYSTEM. RESOLUTXOI 92-346/CN~-92-17, AFFROVlIG Michael Arnold, Utilities Administrator, distributed a handout which ts a Summary of Assessable Project Costs and Credits for East and South Naples Sewer Assessments. Ossmtoolooe~ ~ moved, seconded by Cowmlooiour~ 8oodnitlht ~~ ~lutlm 92-345. ~1~ ~ly, to ~ tb total ~its t~ t~ ~ of b~lo ~J~t ~8to ~ Hr. Arnold noted again for the record that the unit of measurement ts front footage, except where there Is a special assessment to ~ake Page 21 June ~6o 1992 service available to a particular parcel. ~tr. Arnold expressed for the record, that the Roll includes cre- dits for agreements that were entered into in terms of easement acquisitions, which may show a zero assessment. fl~ ~ ~li~ ~e~t roll u t~ fill ~~t ~11 ~ ~~ ~ ~ ~ t~ ~-~ ~lor~ ~~t ~11 for ~- ~ ~ ~tll~ t~ ~ifo~ ~t~ of collection ~ t~ ~t ~lle ~ld ~ ~fi~ to Ancl~e the ~J~te t~t m ~l~ ~ ~ ~ of MJ~te ~ t~ cr~its t~t ~ i~n- tifi~ ~ ~ ~t ~t~ ~ to District 1 ~ incl~ t~ a~lei- tis g ~ts ~r~ t~rs ~ ~ ~ zero ~l~ce to ~ 69 1992 be~n publteh~d In the I~plu &fft~lt of ~ti~ f~ ~ g, 1992. ~t t~ ~lutl~ for DistriCt 2 with for Dl.trtct 3'une 1~, 1992 I~SOT. OTIOI 92-34S/C14~-92-19 APPROVING TH~ lI]l~L AS-ql-qsl~]lT I~0LL FOR ~ AIID BOOT~ M~ SJtIIITARY S~R STBT~[ DISTRICT 3 - ADOPTZD L~g~l nottcs h~vtng been published in the Naples Dmtl¥ N~ on Nay 12, 1992, ii ~vtdenced by lfft~vlt of ~bltcatton flied .tth the Cl~rk, ~ltc ~utng ~ c~ttng froa ~e 9, 1991. ~lg ~~ly, to close t~ ~bltc he~tn~. ~.t~ Sars v~, secadg~ Coaisst~er ~tght ~ ~iH ~lwl~, to adop~ the ~olutt~ for Dlltrtct S elth ~ ~ ~lt~la ~tl~ for District 1. thire~ ~opttng ~lutt~ ~lge 24 June 16, 1992 (2SS4) ItF~O~UT~ON 92-349/C~-92-20 APPROVING TH~ FINAL ASSESSWi.q~ ltOLL FOR EA~T AND ~ NAPLES SANITARY SEWER SYSTEM DISTRICT 4 - ADOPTED Co.l~seloner Saundere ~oved, seconded by Co~.testoner Goodnight ~ C~-Tled ul~ntlo~sl¥, to adopt ~he Resolution for Dtltrtct 4 with t~ ~ ~tteria atlt~ for Dts~rict 1, there~ adop~tng Resolution 92-349/~-92-20. Page 25 June 16, 1992 ,see I~l~mt~ Clerk I~'ie replace~ Del;mW C~erk Xt~ ~ ~X~ ~ ~ ~ ~ T~ ~L~R ~R T~ Dg~ ~CATX~ OM ~ 1~9 ~ T~ ~I~CA~9 - ~~D County Attorney Cuyler explained this is a recommendation that the Board of County Commissioners consider giving notice to the Tax Collector for tax deed applications on the 1989 county tax cer- tificates and confirmed this will be an ongoing process. He divulged there is a total cost of $276,380 which will be recovered through the tax deed sale. He relayed staff's recommendation to forward a Notice to Proceed to the Tax Collector for Tax Deed Applications for the entire 1,063 1989 Tax Certificates held by the County. Commlslonew Scudders ~OVl~, ~econded I~ Commissioner Goodnlght 8~d ~z~lodunmnlmou81¥, to ~pprove forwarding m Notice to PToceod to the TmxCollecto~ for Tu Deed&pplicmtion8 for all the 19e9 County (2510) B~t"~,~I~Z'AI~ZB]~]rt'AJ~I~7'L'OJLT,/L~..BAS~ NON CASZ NO. 91-~49~-CA..~l-.NT,,B, 14A~ZBON ~T.,~C'L'RZC CO., ZNC. V~. BOAXD mY COOlr'L'Y Assistant County Attorney Wetgel affirmed this case involves Madison Elsctrtc Co., Inc., a major contractor Involved in the construction of the Jail factltty tn the early 80's, and he provided a legal update of the situation. He revealed the proposed Settlement Agreement reflects a maximum amount of $200,000 to be paid to the Plaintiff, M~dlson Electric Co., Inc., $?0,000 of which will be paid ' by Collier County. County ~anager Dorrill stated the original savings from the Jail project had gone into what is today Fund 301. Commtoetoner Shenahanmoved, seconded by Commissioner He~oe and ca~Flodunmnlmonely, to approvo the Settlement Agreement and Mutual Rele&o~ mm mi1 u utilization of the Fund 301 reemrveo for the ps~a~t of t~e County's portion of this settlement. Page 26 June 16, 1992 Commissioner Vo/pe relayed the request that the Board of County Commissioners o~pport that certain leg~s]atton which would restore, p&rt, to loca! governments the ability to regulate tn some way the fees charged to cable users. Chester Dobeck spoke to the issue of whether the c&ble tndust~ should be regulated. Page 27 June 16, 1992 ~:' (2021) ~TA~L~T OF P~LXC ]~.RXN~ DAT~ ON TH~ JU]~ 8, 1992, TOURIST ~CO~CXL PLAN - CONN~NSUS TO X~ DXI~ECT ~C TO ~VXEN OltXg33~AYsJ~FFABDMAKI RKCOJOiKNDATXOIB TO BK PRESKHTKDAT 7/21/92 Commissioner Volpe explained that, pursuant to direction of the Board of County Commissioners last week, he requested the TDC (Tourist Development Council) be provided copies of the previous RFP for their consideration. He relayed some of the concerns which have been expressed by both members of the TDC as well as the general public. He recommended eetablishBent of a public hearing date to allow for public debate on the plan which was adopted by the TDC at itts June 8th meeting. Commissioner Saunders stated it seems all agree the voters should have an opportunity to vote on baseball and the question now becomes one of whether to put it ail in 3¢ and a one ballot question In November or follow the suggestions of the TDC, i.e. have 2¢ and then consider the 1¢ Issue separately, thus requiring a special election. In response to Couissloner Saunders, Assistant County Attorney Wilson revealed it has previously been determined that a special ale- ctton could be held at a cost of approximately $100,000. In answer to Commissioner Saunders, Assistant County Attorney Wilson stated that If the 2¢ falls the County still gets to keep the $5,000,000 which will be directed to the uses under the original plan. Following brief discussion0 Commissioner S~u~ters o~Eot~d dlr~-t~ the TI~ (Tourist l)evelopeent Council) to reconveys to con- sider tbs Issue of baseball, that the~ be given m copy of the origins! ]iFf fo1* their co~sidermtton in order to ~ rsccmmrm~tions rel~rdin~ opti~em to I~B ~t~ ~ tho County Attorney"s Office in order tbt cea report to the ~ of County Commissioners et Itl July 2let mtn, e~d it m the consensus to ccmply with the reoollm~Zation. (410) X~ ~4 BOA]~ OIP OOUITY COSIqXSSXOIIKRSt C08I~NXCATXOWS Page 28 Sune 16, 1992 Cm~tzeloner Volpe reported receipt of a aeaorandua regarding revlm~ of the County Mmnager's performance (copy not provided for the record). Following brtef discussion, he suggested he will prepare a performance evaluation utilizing certain measurablee for the County 14~na~mr, mad it was the consensus that he proceed to develop the eva- luatlon form to be coapleted by the Board of County Commissioners. County Nanager Dorrlll reiterated that the Board of County Coatsstoners ts aeettng next Monday to take action on 150 zoning revaluation applications and had re~ested that he keep ~esday'a ~genda short In the event that the zoning reevaluations should be con- tlnued over. lie began a brief recitation of the contents of Tuesday's to-date which might preclude continuing the zoning reeva- luations. Following brief discussion, it was the consensus to postpone the 150 zoning re~valuatlone from June 22nd until after the Board's contingent upon advice free the County Attorney regarding the County Attorney Cu¥1er announced tha~ the Board of County Commissioners' nesting scheduled for tomorrow night, June l?th, has -been cancelled and will be readvertleed for June 22nd. County Manager Dorrtll reported receipt of telephone calls regarding concerns with respect to drainage resulting from the East and South County Sewer Assessment Project. He announced that, tn spite of the assessment rolls being finalized today, staff is lnvestt- .gating the incidents, one being on Barbizon Lane and the other on Page 29 3m~.e 16, 1992 92-031, ~ROV~DI~G FOR ABH~S~ O~ LI~, fOR ~g C~T O~ ~~ OF ~LZO ~ZS~CI OR ~ 10, B~K 10, HA~IS ~OR ~Z~ ~ZZZ ~ LO~A C~RUZZI ~Rfl O~ R~CORD Xte~ R~OLOTZO~ 92-~34, FROVIDX~G FOR ASB~SSM:KNT OF LXHN, FOR T]~ COST OF ~ ~~ ~ ~LXC ~ZS~CK 0N L~ 18, BL~ 795, OF A ~T 0F A ~X~ ~ ~ B~ ~XT ~-FX~, WXA ~MS~T C~TA ~ ~ RZTH JJl31~ B~I~CK:~:~I /~ I~HA~XLXTAT~ ~ PROPERTY AT ~1 ~ A~r~l'l]~ FOR RENTAL TO X, OIE-XNCON~ FAMXLXI~S OR Book June ' ~ AII~IMIIT AID ACCEPTANCE OF COIFI~AICE FOR RIGHT-OP-WAY AC~qFZIXTXOII ~ TO THI D~SIGN 0Y C.I.E. PROJECT ~0. 022, IHTISlI/011 ~.~ ~MITA BARBARA BO~ARD - W/TH STIP~%ATION~ DETAILHD IN RI~IT-OF-I&FFI~MITTING, INSP~CTION, AID ACCEPTARCE OF C.R. 84 RO&D ~ O01~ISTEIT WITH ~TATH ACQUISITION OF RIGHT-OF-WAY FOR Z-75 -- ~ AID CO~TS MAZV~D ZN THE AMOUNT OF $205 COII~TII~ E~AL S~XCES AGI~A'EMERT W/T~ TUR~ELL AND AIIO~JkTII, ~1~. TO IMPLIMI]IT MITIGATION 0BLIGATIOR~ FOR CSlAllgl OLDER IlO. 2 (~IJI&L) TO TH~ CONSTRUCTION COBTR&CT WITH MITCH:KL~- AID ITAI~E COI~'I~A~=TION CO., INC. FOR ~ II~]OKA~EE ROAD 24" MATER MAIN PROJECT- ~ C~IlTRACT BY $12,879.27 Item ellD2 H ~ BIO. 2 (FILIAL} TO THE CONSTRUCTION CONTRACT WITH MITCHELL ~ ITIIE ~OIUTROF~'I'ION CO., INC. FOR THE C.R* 951 24" WATER MAIN ~ -' ~Jl TI~ ~ OF $0,748.50 See PaGes ~ TO &II:ZIIBIIIT OP.~LGREIMISlTS WITH D~LTOIA ~TILITIES, INC. TO ~ ITITE ~I~,ITII~' .ZN~.. FOR THE COITII~ATION 0r ~ERV/CE ON BID ~O2-116S POI OOIBTR~GTZON OF MABTIR P~MP STATION l .0S AND 1.07 - ~ TO ~RDIIAL CONTRACTORS, X~., IN THE AWO~IT OF 81,308,850 · m 125 Page 31 June 16, :1992 ~ ~F~I'-A~, ~ OF ~ FOR CO~r~fRUCTIOI OF ~ &lid ~A11~ ~ Il I~IL1UICTIOI ~ T~ ~ COO]ITY REGIOIUZ, ~ ~ -- 4~tMtI~D TO T.&. FOJt~B~, ZIC., 1~ 1']!~ ANOUIFf OF Xtem ~J,~B~ - Omtinued to 6/80/02 '- .limb 4,1~BlO - Geleted AID COIrS'Z]~ TO ~ B]L'TI4'~ BOA,KD OF CC~IrZ"Y ~,G;.r.I'~R COOIlTT', T'EX DIKP~ OF HIG~I~AY SJLI'rTT JLID OF FLORX~, A.IID BJ.q. ROll COLLIER CC]~Jt,~Y, FO'.R COO'IlTY~ ~ 4~}O027 AID I:NSTALLATZC~ OF A ~ OF TANP&, 'rXC. See Pages 833i MgSl'~fl lllT3filBIOg TO ,f~REIMErf &PFROVI:D BY THI BO&RD OF COUBTT C~MME~8~R~ Og IJUq'KMBI~ 18, 1990, TO &LLOW F~R ~ PUltC~A~E OF A ~ TRUC~ BY TII OCHOFKI FIRE DI~I'R~'CT J~OLUT~ ~-836, 1~ RT(IHT-OF"MAY LICENSE AG~K~IK]IT Ii/~/ll"lq~ T. Eli COUITT KLL"TR~C GOOFKRATI'VE, INC. FOR THE PURPOSE OF CONSTRUCTI'J~ A age. , 30P PART OWl OF THI FILTH YIAR RI~f~LI~ AMD 133q~ATIi:Y~ J~MIM&LBXDPRf~:~SMdtXVKD: ~ OR~ER XSSI:F~TO GUll)ri 4~IIleT~ICO~P. TO LXMK THI ~ C'KLL BI:RMB AT THI MAPLI:S T.,AMDI'XLL - 13JT~8']iNB~ITO~ ~ iugBC'ffA~I OB:DKR d'Z92..-O03 11 T'KE AMOOWT OF 07,800 FOR TEl ~ BST IRVX~KB 17XVXSXOII TO t~tOVXDlt ~ llo'r TAP AJrD MITER 9KT - BUD~TdlJ~IIBMB.WT AUTHORXZXM~ J'J~M FOND 342 TO FROVIDK F~R Till r, AKIBIB&MJIIATAIDDBA~ MS'FO DOR~J~O rY 91/02 - XWTHI $88,TO0 1991 No.'8 194/199 Dated 06/01/92 TAII~IXBLI PIRSOJLtL No. 104/105 Dated 06/01 & 06/19/92 49806, 59358, 36870, 61240, 63266, FOR SERVICES OFT HI I'~B~XC DIFIIIDtR , 000 Page 33 Jttne 16, 1992 1'he followLng mLecellaneoue correspondence wee fLled ae presented the Board of County Conunlos~onere: Page 34 Sune 16. :1992 See Pages .~o~,-* '~/~='~ ..... FOR TI~ I~IpO~ITIO~ ~ COLL~'F~OII OF A I=~tOVISZOI OF EI]~IICED E~IERIF~ICT =911" ~ See Pages There being no further buelnees for the Good of the County, leering tell,adjourned by Order of the Chair - Time: 6:00 P.M. the BOARD OF COUI~'~ COI~4ISSIONER3 BOARD OF ZONINO APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL as preoented CHAIRMAN Or aO col-:rect:e(~ ,H 000. ,'132 Page 35