Loading...
CSC Establishment BCC Meeting 05/29/1990 Children ' s Services Council of Collier County Establishment at the BCC Meeting May 29 , 1990 . COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS -. qct aI: el AGENDA--70141111" (:: . , , Tuesday,-May 29, 1990 9:00 A.M. NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS" IMMEDIATELY FOLLOWING THE ADVERTISED PUBLIC HEARINGS. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF AGENDA AND CONSENT AGENDA 4. APPROVAL OF MINUTES 5. PROCLAMATIONS A. Service awards as follows: Lazaro J. Blanco, Aquatic Plant - 10 years. Jacinto Blanco, Road & Bridge - 10 years. / B. United States Department of the Interior - Fish and Wildlife Service presentation of its annual refuge revenue sharing payment to Collier County. 6. ADVERTISED PUBLIC HEARINGS - BCC A. COMPREHENSIVE PLAN AMENDMENTS B. ZONING AMENDMENTS (1) Petition No. R-89-8, George L. Varnadoe of Young, Van Assenderp, Varnadoe and Benton, P.A. , representing Signature Communities, Inc. , Gerald F. Griffin III, President, requesting a rezone from "E" to "PUD" to develop a 488 unit multi-family project known as Four " Lakes for property located at the southwest corner of the intersection of Davis Blvd. (S.R. 84) and County Barn Road in Section 8, Township 50 South, Range 26 East, consisting of 56.4 acres. - C. OTHER (1) Recommendation that the Board of Collier County Commissioners adopt Ordinance 90- providing a September referendum to establish a three percent Tourist Development Tax throughout Collier County. (Continued from 5/8/90 meeting) . 7. BOARD OF ZONING APPEALS A. ADVERTISED PUBLIC HEARINGS 1 END ADVERTISED PUBLIC HEARINGS B. PROVISIONAL USE 8. PUBLIC PETITIONS i/A. John Freshwater regarding a soccer complex. B. Kathleen Passidomo representing Collier County Child Advocacy Council, Inc. C. Shelly O'Steen representing Summer Glen of Immokalee. 9. COUNTY MANAGER'S REPORT A. COMMUNITY DEVELOPMENT (1) Budget amendment request to establish the Metropolitan Planning Organization (MPO) Grant for grant year 1990-91. (2) Recommendation to award Bid No. 90-1540, Collier Village PUD infrastructure. (3) Presentation to the Board of the FY-90 annual update and inventory report on public facilities (AUIR) as provided for in Section 7.2 of the adequate public facilities Ordinance No. 90-24. B. TRANSPORTATION (1) Recommendation to declare a project emergency, waive competitive bidding, and authorize a construction contract with Better Roads, Inc. for median landscaping improvements in conjunction with the six-laning of U.S. 41 in progress by the Florida Department of Transportation. C. PUBLIC SERVICES (1) Recommendation that the Board of County Commissioners accept the donation of the historic community laundry building in Everglades City from the Everglades City Women's Club and initiate steps to acquire and restore the structure as a branch museum facility of the Collier County Museum. D. UTILITIES (1) Approval of agreement with Wyndemere Farms Development, Inc. and approval of Amendment No. 8 to the City-County water/sewer interlocal agreement. E. ADMINISTRATIVE SERVICES F. EMERGENCY SERVICES / (1) A request for Board approval to proceed with the development and construction of the Golden Gate Emergency Services Complex. G. ENVIRONMENTAL SERVICES (1) Recommendation that the Board of County Commissioners consider directing staff to initiate action to impose a temporary moratorium on property owners enclosing roadside swales in Naples Park Subdivision. 2 H. COUNTY MANAGER (1) Approval of mandatory Solid Waste Collection Special Assessment Agreement with Tax Collector. 10. COUNTY ATTORNEY'S REPORT A. Board consideration of a resolution approving the issuance of City of Naples Hospital Revenue Bonds Series 1990 (Naples Community Hospital, Inc. , Project) , in an aggregate principal amount not to exceed $30,000,000 to be used to refund the $35,000,000 Hospital Revenue Bonds Series 1989A and 1989B. B. Resolution calling a referendum election to be held September 4, 1990 to determine if the qualified electors of Collier County approve the levy of a 3% Tourist Development Tax. (This is a companion item to the Collier County Tourist Development Tax Ordinance - Item No. 6(C) (1) . C. Request direction from the Board of County Commissioners regarding the creation of the Children's Services Council by ordinance. 11. CLERK TO-THE BOARD'S REPORT A. Budget Amendments (1) Regarding matters not previously discussed: 3. (2) Regarding matters previously discussed: 3. (3) Budget amendment resolution - none. B. Tabulation of Contracts and Documents (as of noon previous Tuesday) . C. Analysis of Changes to Reserves for Contingencies. (1) General Fund (001) . (2) Facilities Construction Fund (301) . (3) Community Development Fund (113) . D. Presentation of the September 30, 1989 Comprehensive Annual Financial Report. (Continued from 5/22/90 meeting) . 12. BOARD OF COUNTY COMMISSIONERS A. Appointment of one member to the Alcohol, Drug Abuse and Mental Health Planning Council. 13. OTHER CONSTITUTIONAL OFFICERS A. Resolution to subdivide Precinct 122. 14. CONSENT AGENDA All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. A. Community Development 3 (1) Recommendation to accept the security for Excavation Permit No. 59.366 "951 Commerce Center", located in Section 34, Township 49 South, Range 26 East. (2) Recommendation to approve the final plat of "Moon Lake, Unit 5". (3) Recommendation to approve the final plat of "Moon Lake, Unit 4". (4) A report to the Board of County Commissioners as to the non-payment of a properly rendered invoice within the allowed time, together with a resolution providing for assessment of lien in order to recover public funds expended by the County to abate public nuisance on lot 3, Block 298, Marco Beach Unit Eight, the owner of record being Lester E. Wackernah III and Patricia Wachernah. (5) Recommendation to grant final acceptance of "The Vineyards, Unit One and Tracts "F" and "K", excluding Napa Blvd. B. Transportation (1) Recommendation to contract award in the amount of $8,400 to White Sands Construction for installation of the Goodlette-Frank Road drainage outfall. (2) Recommendation to accept an easement to be used for a traffic signal pole on the corner of Progress Avenue and Airport Road. (3) Recommendation for fuel reimbursement to Bar Harbor, Inc. from Marco Island Airport fuel receipt. C. Public Services (1) Recommendation to establish an alternative purchasing procedure for the Museum Capital Projects Program. (2) Recommendation to approve a budget amendment in the amount of $17,069 from Reserve from Contingencies into Fund 301 for architectural fee reimbursement for Agriculture Center design. This will reappropriate the balance of grant funds received in FY-89 for this project. (3) Recommendation that Board approve transfer of matching funds from Social Services Department General Fund budget to Fund 118, Miscellaneous Grants, for use in shared county and state health care program. (4) Recommendation that Board authorize the signing of amendment to contract with area agency on aging covering Community Care for the Elderly Grant. (5) Recommendation to accept resignation of Jim Giles as Collier County Fair Treasurer and to appoint John Yonkosky in his place. D. Utilities (1) Youth Haven - Water facilities acceptance. (2) Recommendation to approve the award of Bid #90-1555, water meters for the Utilities Division. 4 E. Administrative Services (1) Recommendation to approve and execute a proposed lease agreement between John Paulich, Jr. , and Josephine Paulich, and Collier County, a political subdivision of the State of. Florida, which provides office space for the Collier County Sheriff's Office. (2) Recommendation to execute deeds for burial lots at Lake Trafford Memorial Gardens. (3) Recommendation to grant utility easement to the Collier County Water-Sewer District and adopt a resolution to authorize the Chairman to execute the utility easement within a County-owned site lying near the intersection of Airport-Pulling Road (S.R. 31) and Orange Blossom Drive. F. Emergency Services - (1) Recommendation to adopt a resolution approving a Public Works Mutual Aid Agreement with counties and municipalities within the State of Florida. (2) Present the annual report of the Emergency Medical Services Advisory Council. G. Environmental Services H. County Manager (1) Recommendation that the Board of County Commissioners authorize Board Chairman to execute contracts with Odel Associates, Inc. and Gee and Jensen, Engineers-Architects-Planners, Inc. pursuant to previous selection of these firms by Board of County Commissioners on 12/19/89. (2) Recommendation to award a contract for Bid No. 90-1544, wetland restoration in the Rookery Bay Aquatic Preserve. (3) Recommendation to award a contract for Bid No. 90-1543, groin construction for the Marco Island Beach Nourishment Project. (4) Recommendation that the Board of County Commissioners approve a budget amendment to cover the cost of printing the Board's agenda. (5) Recommendation to approve the acquisition of contractual services for performance of monitoring and relocation requirements of the Marco Island Beach Nourishment Seat Turtle Protection Plan. (6) Recommendation to authorize purchase of computer equipment for the new courthouse and health building. (7) Recommendation that the Board of Collier County Commissioners recognize a clarification regarding the verbal staff report provided for a rezoning entitled April Circle. I. Miscellaneous Correspondence (1) Certificate for Correction: NEED MOTION authorizing the Chairman to sign Certificate for Correction to the tax rolls as presented by the Property Appraiser's Office. RECOMMEND APPROVAL. (2) Extra Gain Time: NEED MOTION authorizing Extra 5 Gain time for Inmate No. 41811, 52082, 23749, 28365, 43933, 62511, 19507, 60288, 63706, 32229. RECOMMEND APPROVAL. (3) Satisfaction of Lien: NEED MOTION authorizing the Chairman to sign Satisfaction of Lien for Services of the Public Defender for Case Nos. 86-432-CFA-TB ($87.50) , 89-434-CFA ($62.50) , 89-51-36-MM ($125.00) , 89-4591-TM/89-4592-TM ($25.00) , 88-1632-CF ($12.50) , 89-825-CF (75.00) , 90-629-MM ($25.00) , 77-604-CF ($37.50) , 86-6016-TM ($12.50) , 88-1628-TMVOP ($12.50) , 89-782-CF ($87.50) , 88-1711-CF ($200.00) , 89-100-CJA ($25.00) , 89-2081-CF ($75.00) , 90-83-TM ($12.50) , 88-959-CFA ($75.00) , 88-958-CFA ($75.00) . RECOMMEND APPROVAL. J. Other Constitutional Officers (1) Recommendation to - approve and execute a second amendment to the existing lease agreement between Sunburst Urethane Systems, Inc. , a Florida Corporation and Collier County, a political subdivision of the State of Florida, for the purpose of office space located at 212 S. First Street, Immokalee, Florida, for Naples Leadership School, f/k/a Youth Guidance Department. 15. ADJOURN BP-D-5/29/90 6 Ag.:/ 10Pag4) DICK SHANAHAN: I would like to make a motion and then I think we should vote on it and we can decide where to go. Number 1, I am going to vote to establish the council, direct the ordinance to be advertised and establish Number 1. I think Number 2 we need to get private sector funding for a positive needs assessment. OK? And Number 3. . . .back to the board before any referendum, in fact is established or takes place. BERT SAUNDERS: I'll second that. DICK SHANAHAN: I don't need to go through all the reasons for that but I do believe the lack of services available for children are evident and I think the Collier 2000 study underscored that and I think we need a consolidated effort. I don't think it is going to diminish. . . .I think it is going to get greater./ End of speed ! I made the motion. I think we have a second. MAX HASSE: : A motion and a second. Any comments. MIKE VOLPE: Just a question, if Commissioner Shanahan could restate this, would be then the creation of this Council, under Section 125.901 of the State Statute which provides people to be appointed by DICK SHANAHAN: consistent with whatever comes up out of the legislature and I would hope that we could mirror that recommendatic that we are in fact in control of the appointees. BURT SAUNDERS: I think one of the directives to clarify the motion is directing our county attorney to advertise the ordinance so we'll have another public hearing on the passage of that ordinance. Is that correct, Mrs. Wilson? MS. WILSON: That will be the procedure, yea. DUDLEY GOODLETTE: I would think, if I may address the issue that Commission Goodnight raised, I would think that you could include in the direction that the Gubernatorial appointees contemplated would be selected from 15 names submitted to him by you. MAX HASSE: We submit the names? DICK SHANAHAN: Let me make that as part of the motion as point 4 of the motion. BERT SAUNDERS: Yes, I'll amend my second. MAX HASSE: Motion and a second. I call for a motion. All those in favor (Shanahan) Aye (Saunders) Aye (Goodnight) Aye (Hasse) Aye Opposed? (Volpe) Aye Four to one. PAGE (1) GOODNIGHT: I've got a suggestion. I don't have a problem with the need. I know that the need is there. I want to do something and I want to do it today, but my problem is with the way the ordinance is written or the State Law is written. . . .and the compromise that I could very much live with as Dudley has submitted to you. . . .would yjiLl be the five members that the ordinance reads. . . .one membE 6SC from the board, school board, whatever. . . .and then the other five members. . . .instead of them being appointed by the Governor. . . .I'd like to take a list of the organizations here in Collier County that deal specifically with children. . . .for example, Naples Alliance for Children . . . .and have them listed in the ordinance as providing us either one or two members that would be accepted by this board. . . .no hands down. . . .I mean all we'd do is that the names would be submitted and they would be appointed automatically. And then I'd like to place this taxing. . . .this thing on the ballot after the needs assessment is made. . . .because I know the need is there . . . .but we've got to prove it to the voters of the county before we can do this. . . .and set it up exactly the same way as what the pollution control ordinance and taxing district was set up to where there was a certain milleage that was there. . . . it comes before this board. . . .the board reviews it. . . .we do not reduce the milleage. . ./ because the milleage is there. .we accept whatever it is. . . and in this case staff recommends. . . .or set it up very similar to the lighting and beautification districts to where that the board tells us what the need is. . . .and it's passed with no hands. . . .I mean there is no discussion on it as far as just approving what has been presented there. That will leave it completely in control of the people of Collier County. . . .not the elected officials. . . .but the people of Collier County. And I think that sitting here for the last seven years there have been so many times that the Governors have made appointments that were strictly political because they were paying off some campaign worker or somebody like that. . . .that it was not in the best interest of this county was, , , ,and I've got a real problem with that because I thihk that this is one of the most important things, if not the most important, that this county has ever done. And I just hate to see it being placed in the hands, and takes his money back to Tallahassee. SHANAHAN: (Laughing) I couldn't agree with you more. HASSE: I'd like to verify exactly what Commissioner Goodnight is saying. She's saying exactly the same thing as I did. . . . except that I said take it out of the political hands. That's what I said. GOODLETTE: I would submit to you that by not doing what we're asking you to do today, you're leaving it in political hands. Let me say this, if I may Commissioner Goodnight because I think it is an important corner that maybe we are about to turn with respect to these Children's Services Councils. Page (2) GOODLETTE : The bill is pending before the legislature today as we (continued) speak. One important amendment. . . .there are several amendments to it. . . .to the existing statute, but one important one and I think the one that focuses specifically on your question is that the Governor is limited in his ability to appoint the five people based upon three peoples' names who are submitted to him by the Board of County Commissioners. So that for each vacancy that he is able to fill, you would submit three names. . . .for each vacancy. Then he could select any one of those three. I know that there are 15. . . .at least 15. . . .very capable people in this comunity whose names you could submit to him. I would ask that your motion be that you establish the council under the statute. . . . and contemplate that the recommendtions to the Governor must come based upon him selecting on of three people for each slot. That would morror the pending legislation. It is prudent legislation. I would endorse that personally and I am very familiar with the Statute and the process, but I think that it needs to be. . . .everything that the statute contemplates that it will be which is an independent district. HASSE: Commissioner Saunders? SAUNDERS: Mr. Chairman, I am going to try to do this without being overly repetitive. I would like to make more comment relative to taking this out of political hands by keeping it here with the commission. And I don't say this in a negative way. . . .there is no politicial body. . . .in Collier County that is more political than the County Commission. Obviously we're elected. . . .everything we do is driven by political considerations, so I think leaving the issue here certainly is not going to take it out of political hands. I don't think there is anything wrong with having an issue addressed in a political manner, but this is not a way to avoid politics. I think that we all accept the fact that taxes are bad politics. I think also perhaps that Governor Martinezx has proven this more than anyone else has been able to. . . .that ignoring problems is also bad politics. And I think we have taken some action today that will benefit children in the community. . . . We've directed our staff to take a look at the creation of a soccor facility. I think we can go a step further and perhaps this commission can go on record as being a commission that has done more for and has taken steps for children than any other prior commission. We are only giving these people a shot at the referendum. We're setting a tax. . . .we're not doing the needs assessment ourselves. . . .we're not doing anything other than giving these people a shot at having a referendum. They're going to have to go out and sell it to the people. If they don't do an objective needs assessment. . . .if they don't do a realistic needs assessment. . . .if they aren't able to establish the need. . . .then the voters in this community are not going to approve a referendum. It will be very difficult in a perfect world to have a taxing issue approved by the voters. If all of were 100% Page (3) SAUNDERS: behind it, it would be very difficult to have it approved. (continued) If this commission reviews the needs assessment and is not in support of a referendum question, then the likelihood of i passing would be miniscule. I don't think any independent board would even conceive of proceeding with that. I think all of have expressed an extreme support for the Naples Alliance for Children. As a matter of fact, I took the liberty of getting some stickers which I am going to put on, and perhaps my fellow commissioners would be interested in wearing one of these if nothing else. . . .to show moral support for the people that have spent a lot of time out there. I just don't see any negative in directing our staff at this point to advertise the ordinance, to establish the independent council. We're obviously not going to have an election in 1990. I think Mr. Goodlette has indicated that that's impossible. This will give the council adequate time to do the needs assessment. If that council does not have the support of this Board, I don't see there being a referendum. I just think that this is giving these people a shot at a referendum. We're not doing anything other than giving them that opportunity. VOLPE: Could I just make one comment? There's been a lot of discussion about politics and the distinction that I draw in my own mind is not much about politics, but accountability. I feel that I am accountable to the people who have elected me, and it is the question of accountability that may be low with the independent taxing authority. . .that is not really accountable to anyone. It is not accountable to anyone. . . .they have the taxing authority up to 1/2 mill which, under the current assessment, would raise six million dollars and they aren't accountable to anyone other than the people whom they're servicing. And I think that the electorate has and should have the opportunity to be able to identify who it is to shom we are accountable. And I think there is a distinction about the accountability issue. GOODLETTE: I think that the electorate will recognize that too, Commissioner Volpe, and I don't think they would empower a people in whom they did not trust who had that taxing authority to spend those monies. VOLPE: They don't have any authority on who those people are. They don't pick those people. 1 . Page (4) DICK SHANAHAN: I would like to make a motion and then I think we should vote on it and we can decide where to go. Number 1, I am going to vote to establish the council, direct the ordinance to be advertised and establish Number 1. I think Number 2 we need to get private sector funding for a positive needs assessment. OK? And Number 3. . . .back to the board before any referendum, in fact is established or takes place. BERT SAUNDERS: I'll second that. DICK SHANAHAN: I don't need to go through all the reasons for that but I do believe the lack of services available for children are evident and I think the Collier 2000 study underscored that and I think we need a consolidated effort. I don't think it is going to diminish. . . .I think it is going to get greater./ End of speed ! I made the motion. I think we have a second. MAX HASSE: A motion and a second. Any comments. MIKE VOLPE: Just a question, if Commissioner Shanahan could restate this, would be then the creation of this Council, under Section 125.901 of the State Statute which provides people to be appointed by DICK SHANAHAN: consistent with whatever comes up out of the legislature and I would hope that we could mirror that recommendatic that we are in fact in control of the appointees. BURT SAUNDERS: I think one of the directives to clarify the motion is directing our county attorney to advertise the ordinance so we'll have another public hearing on the passage of that ordinance. Is that correct, Mrs. Wilson? MS. WILSON: That will be the procedure, yea. DUDLEY GOODLETTE: I would think, if I may address the issue that Commission Goodnight raised, I would think that you could include in the direction that the Gubernatorial appointees contemplated would be selected from 15 names submitted to him by you. MAX HASSE: We submit the names? DICK SHANAHAN: Let me make that as part of the motion as point 4 of the motion. BERT SAUNDERS: Yes, I'll amend my second. MAX HASSE: Motion and a second. I call for a motion. All those in favor (Shanahan) Aye (Saunders) Aye (Goodnight) Aye (Hasse) Aye Opposed? (Volpe) Aye Four to one.