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BCC Minutes 11/15/1994 RREGULAR MEETING OF NOVEMBER 15, 1994, OF THE BOARD OF COUNTY COHMISSIONERS LET IT BE REHEHBERED, that the Board of County Commissioners in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special districts as have been created according to law and having conducted business herein, met on this date at 9:16 a.m. In REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: VICE-CHAIRMAN: Timothy J. Constantine Bettye J. Hatthews John C. Norris ALSO PRESENT: Neil Dotrill, County Hanager David Weigel, Assistant County Attorney CHAIRMAN CONSTANTINE: Good morning, and welcome to the Board of County Commissioners' Tuesday, November 15 meeting. Mr. Dotrill, if you'd be so kind as to lead us in an invocation and in the pledge to the flag. MR. DORRILL: Heavenly Father, this morning we give thanks for the wonder and beauty of this world and for your grace. We also give thanks for Collier County and the enjoyment in all of its people and the resources that they bring to this community. Father, our prayers this morning are with watchful eye towards the storm that is in the Gulf of Mexico, and we would pray that your hand guides that storm away from Collier County and spare us any serious flooding or wind damage. Father, this morning we'd ask that you guide this commission as they make these important business decisions that affect Collier County and that you would bless our time together. And we pray these things in Your Son's holy name. Amen. (The Pledge of Allegiance was said.) Item #2 AGENDA AND CONSENT AGENDA - APPROVED WITH CHANGES CHAIRMAN CONSTANTINE: What do we have for changes to this morning's agenda, Mr. Dotrill? MR. DORRILL: Good morning, Mr. Chairman. We have very few changes. I have one add-on this morning. It will be item 10-C. It's part of the regular agenda under the Board of County Commissioners. That item will be a status report to the board by your Code Enforcement Board, 10-C. I have a request to continue item ll-A that was under other constitutional officers which was a presentation by Edwin Putzell and Judge Brousseau concerning the work release center for three weeks until your first meeting in December on December the 6th. Then I have a request to withdraw items 8-D-l, 2, and 3 which were resolutions and subordination of certain utility easements for various parcels that are outlined in the executive summary. CHAIRMAN CONSTANTINE: That's 30 percent of the agenda. Mr. -- MR. DORRILL: I have one additional item. There was a concern on the part of the clerk's office, and he had his attorney contact us yesterday concerning one clarification in the job description for the department of revenue director. And we spoke with Mr. Pires this morning. And with the addition of a half a sentence, I think we can clarify their concern. I'd like to read that into the record that will affect that job description. It will be on the second page of the duties and responsibilities, paragraph 1 at the end of the first sentence. We would like to insert the following to clarify, and it will read, and to make recommendations to the Board of County Commissioners concerning the direction it gives to the clerk for the investment of surplus cash. And with that one modification to that job description, I have no other items for your consideration this morning. COHHISSIONER MATTHEWS: Where is that? MR. DORRILL: That would be at the top of what is page 5 in your agenda package. COHMISSIONER MATTHEWS: Uh-huh. MR. DORRILL: Under the duties section. First paragraph begins by saying, supervise and coordinate the county's second level billing function, cash management to include cash budgeting and then the insert that I read, and to make recommendations to the board concerning the direction it gives to the clerk for the investment of surplus cash. Mr. Chairman, that's all that I have. CHAIRMAN CONSTANTINE: Mr. Weigel, any changes? MR. WEIGEL: Additional 5 percent. County attorney's office would appreciate continuing 9-A for one week. CHAIRMAN CONSTANTINE: A little faster than we thought. Mr. Norris, anything? COHMISSIONER NORRIS: Nothing. CHAIRMAN CONSTANTINE: Ms. Matthews. COHMISSIONER MATTHEWS: I had a question with the revenue director, but I don't now. CHAIRMAN CONSTANTINE: I have just a couple of things. One item from the consent agenda, I don't need to poll, but I just want to clarify or reiterate something. It had to do with the volunteer coordinator that's being funded by friends of the library. Mr. Dotrill, you've got a note on there that this is not intended to be in the regular general fund budget for next year? MR. DORRILL: My rationale for that was that you had received a similar request from the Court's agency to have a volunteer coordinator, and what you funded in the budget was a single volunteer coordinator that would be in human resources and also coordinate the recap program. And I just wanted to make sure that while this is being done as a pilot project with cash coming from the friends of the library that your previous policy direction is that there would be one volunteer coordinator and that it will be in the human resources department. CHAIRMAN CONSTANTINE: I agree wholeheartedly. I just wanted to reiterate that for the record. MR. DORRILL: Thank you. CHAIRMAN CONSTANTINE: I had one item I want to add on just under BCC communications, and that's a brief discussion in regards to Pelican Bay. With that we need a motion for the agenda -- COHMISSIONER NORRIS: Mr. Chairman, I make a motion that we approve the consent agenda and the regular agenda with changes as noted. COHMISSIONER MATTHEWS: Second. CHAIRMAN CONSTANTINE: There is a motion and second. All those in favor of that motion, please state aye. Motion carries 3-0. Item #3 MINUTES OF THE BCC REGULAR MEETING OF SEPTEMBER 27, 1994 - APPROVED Approval of the minutes of the September 27, 1994, regular meeting. COMMISSIONER NORRIS: Move for approval. COMMISSIONER MATTHEWS: Second. CHAIRMAN CONSTANTINE: All those in favor state aye. Anyone opposed? Motion carries 3-0. Item #4A1 PROCLAivLATION DESIGNATING THE WEEKS OF NOVEMBER 22 THROUGH DECEMBER 15 AS HELP AND ANGEL MONTH ADOPTED Proclamations and service awards, Help an Angel month. Commissioner Matthews. COMMISSIONER MATTHEWS: Yes. Is Trish Leonard -- good morning, Trish. How are you doing? I have a proclamation to read to you. Whereas, Help an Angel is a concentrated effort to encourage area residents to grant a Christmas wish to underprivileged children in southwest Florida beginning November 22, 1994; and whereas, the Help an Angel campaign is entering its tenth year of service to children at Christmas; and whereas, people wishing to select an angel may do so by stopping by any McDonald's restaurant in southwest Florida and picking a child's name from the tree; and whereas, these children deserve a special Christmas and can have one with the help of the community. Now, therefore, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that the week of November 22 through Dec -- week of -- weeks of November 22 through December 15, 1994, be designated as Help an Angel month and urge all of residents -- all residents and businesses in Collier County to demonstrate their Christmas spirit by donating a present to Help an Angel campaign. Done and ordered this 15th day of November, 1994, Board of County Commissioners, Collier County, Florida, Timothy J. Constantine, Chairman. Mr. Chairman, I move that we accept this proclamation. COMMISSIONER NORRIS: Second. CHAIRMAN CONSTANTINE: All those in favor of the motion state aye. Motion carries 3-0. MS. LEONARD: Thanks. CHAIRMAN CONSTANTINE: I want to give thanks to McDonald's and to Trish in particular. Every year in Golden Gate we do a tower lighting for a couple hundred folks, and you are always kind enough to help us out with that every year. So many thanks for that as well. COMMISSIONER MATTHEWS: Do you have a few words? MS. LEONARD: Yeah, I just want to say briefly, first of all, we would like to thank all of the residents of southwest Florida as we kick off our tenth annual Help an Angel campaign. Over the last ten years we were able to supply presents for over 15,000 children in the communities throughout southwest Florida. This will be our last kick-off for the ten years. We feel that after ten years folks pretty much know about the angel campaign. We will have a special breakfast next Tuesday, the 22nd of November. We'll have our sponsors. 96 K-Rock, FTX Television, and the News Press will be our sponsors. At this date we have about 1,500 children that we will be putting on the trees throughout southwest Florida, so stop by and pick up your angel, and help us out. Thank you. Item #4B1 TONI MOTT, ADMINISTRATIVE SERVICES DIVISION, RECOGNIZED AS EMPLOYEE OF THE MONTH FOR NOVEMBER, 1994 CHAIRMAN CONSTANTINE: The next item we have is recommendation to recognize our employee of the month for November 1994, Toni Matt, if you'd come on up. Looking awfully shy right now. Spin around so everyone in TV land can get a good look at you. Toni started out in 1988 with the county as secretary II in real property and was promoted a couple of years back to senior secretary, has participated very actively in our Q plus program, and has done quite a bit with that. On her -- if you go back through her personnel file, she has consistently received superior ratings and most recently was promoted to real property specialist I and works a lot -- volunteers to help a lot of the folks within her department and elsewhere so -- has a very, very positive customer attitude, and I think that's one of the things we can all learn from particularly in this line of work. We're here to try to help people, and it's kind of nice to have somebody who goes out of their way to do exactly that. So I will make a motion that we recognize Toni as the employee of the month for November 1994. COMHISSIONER NORRIS: I'll second that. COMHISSIONER MATTHEWS: I'll second that. CHAIRMAN CONSTANTINE: A pair of seconds. All those in favor of the motion state aye. Motion carries. We have a little note here, a plaque that reads Board of County Commissioners, Collier County, Florida employee of the month official recognition in appreciation is tendered to Toni Matt for exceptional performance November '94 and, of course, a $50 check for you too. Congratulations. $50 just in time for the Christmas season. Item #5 BUDGET AMENDMENTS 95-42 AND 95-45 - ADOPTED Mr. Smykowski. Hi. MR. SMYKOWSKI: Good morning. CHAIRMAN CONSTANTINE: How are you holding up? MR. SMYKOWSKI: Fine, thank you. COMMISSIONER MATTHEWS: No fatalities yet I see. MR. SMYKOWSKI: None so far. COMMISSIONER MATTHEWS: Okay. MR. SMYKOWSKI: For the record, Michael Smykawski, acting budget director. There are two budget amendments that require the baard's approval. CHAIRMAN CONSTANTINE: Questions on those? COMMISSIONER MATTHEWS: Motion to approve. COMMISSIONER NORRIS: Second. CHAIRMAN CONSTANTINE: There is a motion and a second. All those in favor of that motion please state aye. Anyone opposed? Motion carries 3-0. MR. SHYKOWSKI: Thank you. Item #SG1 RESIDENTS TO PURSUE PETITION PROCESS FOR A TAXING DISTRICT OR AN ASSESSMENT DISTRICT FOR A SOLUTION TO GROUNDWATER SEEPAGE PROBLEMS ON SOUTHERN PINES DRIVE IF THERE IS SUFFICIENT INTEREST CHAIRMAN CONSTANTINE: Item 8-G-l, seeking board direction on solving ground water seepage problems on Southern Pines Drive. Mr. Boldt. MR. BOLDT: Good morning. For the record, John Boldt, your storm water management director. I'm here this morning because of a long history of citizen complaints about a problem on Southern Pines Drive. This drive is located in Park Place subdivision up in the Seagate area west of U.S. 41 and south of Seagate Drive. The project was constructed back in 1978 by Rutenberg Homes, a division of U.S. Homes at that time. The engineer was Wilson, Miller, Barton, Peek. The problem has existed since the beginning of the construction. I put on your desk a copy of a little report I put together showing the location of the project, Southern Pines, the layout of the lots, and also a number of photos I took about four weeks ago right at the tail end of the rainy season. Follow with me through on page 4 it shows looking up Southern Pines Drive from the west to the east. You see the water in the gutter. That condition exists all summer long down at that end, west end. The water runs continuously down there in a little river. And as you progress up the street on pages 6 and 7, you can see that the problem gets increasingly severe. It shows the seepage coming out of the cracks of the driveways, bubbling up through the curb. And all this lends itself to a growth of algae and other kind of slimy materials that create a very unsightly and a safety hazard, and it's quite slippery. And the problem has existed basically since the beginning of the project. And this is what the people face every summer. Also on page 9 you notice I've took some pictures of the road bed itself which is quite spongy during the summer season. It's getting cracked, and there's a threat to the road bed that would be breaking up because of the saturated conditions. The cause of the problem is kind of threefold. First of all, the road is slightly indented into the ground at that location. And my analysis is that the water table during the summer season rises up and actually rises above the crown of the road and so that the water table in the yards is above the center line of the road, and it's caused by kind of a perched water condition. And that's a conclusion that I reached after checking all the other possibilities. I took with me Furman Diaz, an engineer with Wilson, Miller, Barton, Peek, and that's the conclusion we came to. And when I got into the file, I found a letter written by Bill Barton way back in 1981 that reached the same conclusion, that the perched water condition was the main problem. There's a hard pan layer and pervious layer under this area. And when water gets -- the storm water gets in the top of it, it can't percolate down in the water table, so it's kind of an elevated situation. It's also complicated by the fact that just south of here there's some older units and about six cottages that are in the back yards of some of these homes. They're all on septic tanks, and the septic tanks during the summer continue to put fluid into the water table. They failed this summer. They had septic tank pumpers in there a number of times pumping out the tanks because they were below the water table. And that kind of contributes to the flow over the top of this perched water table situation. Also to the east of the project there's a commercial development along U.S. 41 that the Bank of Naples is located in. And their storm water system is a series of inlets that direct the storm water into a series of infiltration trenches, stone rock beds below the parking area and along the curbs. So all the storm water there is directed into the ground water and again contributes to the flow over top of this pervious layer. We're addressing that situation. I've been in touch with the City of Naples. This Park Place subdivision is in the county, but it's served by sewer and water by the City of Naples. And I've been in touch with them. They're now aware of the situation that there are septic tanks back there. They're not functioning properly during the summer. And they've told me they're going to take steps to address the situation and hopefully real soon connect up the septic tanks to the sewer that's located just out in West Boulevard. Bank of Naples situation, code compliance has been involved. There's a failure also of a berm on the project that when the water fills up to a certain point the water is leaving the parking area and flooding over onto the backyards of both the cottages and Southern Pines Drive lot owners. And we're again addressing that situation. There's going to be a notice put to the property owner that he has to repair that and keep all the water on his property and up to the design elevation. My solution to this is the construction of what I would call a gravel pack trench back behind the curb. I show this in one of my examples in the handout. It shows a proposed seepage trench with a perforated pipe completely wrapping both sides of Southern Pines Drive including the cul-de-sac. This would be a two foot by two foot dimension, wrapped in a geotech fabric that would prevent sands from getting in there and plugging it up. And in the center of this gravel pack we propose something like a 12-inch perforated pipe also wrapped in a geo fabric to prevent it from plugging up. And I feel like this would then draw down the water table to the point where it would be below the center of the road and provide an outlet for the seepage that's coming in from the yards, kind of just pull the whole thing down to where it belongs. Estimate the cost to do this at around 80,000 -- around $40,000. That's a real rough estimate at this point. That does include a contingency in the cost to design this, put the plans out, go through the bidding process and provide for inspection during construction. Funding for this project can come in three possibilities. First possibility that the county for various reasons would pay the entire cost or the homeowners would pay the entire cost either by a taxing unit or a special assessment or by some volunteering to put up the money up front in an escrow account ahead of time before we go into construction. Or the third option could be some kind of cost sharing, perhaps a 50/50 split. If there's going to be homeowner participation, I would recommend that the cost be allocated according to kind of a benefit received. Those lots on the west end that just have the water kind of rushing down in front of their property all year I would propose would have a half a benefit compared to the people in the middle of the block. And the people on the eastern end that have the major problem where the worst of these pictures you see are taken at would pay one and a half times of the average. So I was suggesting we might want to prorate it. If you use the cost figures I have in the allocation -- and also my recommendation is to you that we split the cost with the property owners on a 50/50 basis. If we were to do that, it would run -- the cost would run them about $700 for a lot for the two lots on the very western end, and that would be prorated to $1,000, 1,400, all the way up to 2,100 for the 5 lots on the very eastern end of the cul-de-sac that would receive the most benefit. My rationale I guess for the county participation is there's I think some health and safety issues involved here because of the condition of the curb. It's discolored, and it's got the slimy algaes on it all summer. It creates kind of a hazard. And also the road bed itself is threatened by the high water table. It's starting to break up. You can see cracking in it, and eventually it would have to be replaced at some significant cost. So my recommendation then is that we proceed, that you direct staff to prepare construction documents to correct this situation in accordance with my recommendations, that you commit to fund 50 percent of the cost of construction. Although there's no funds presently budgeted for it, I do have a fund 325 water management capital improvement budget. There's sufficient reserves to cover the approximate $20,000 that the county would participate and that we also try to work out, to simplify it, an agreement with the homeowners that their costs would be done by a volunteer -- setting up an escrow account. They put the money up front to pay for it avoiding all the legalities of going through establishing taxing districts and things of that nature. I did meet with the property owners last Wednesday night in a home on Southern Pines Drive. There are a fair number of them there. Quite honestly, they didn't agree with all my recommendations particularly when it comes to cost sharing aspect of it. I'm not sure -- I don't see any up here today. CHAIRMAN CONSTANTINE: They would rather that we didn't share the cost? MR. BOLDT: No, they would rather that you pay 100 percent of the cost. CHAIRMAN CONSTANTINE: You indicated the expenditure would save the county money in the long run as far as likely repairs to the road and so on? MR. BOLDT: I think there's a good possibility. The road is eventually going to, I think, deteriorate and break up. It's spongy at this time during the season. It's breaking up. There's water seeping through it. Mr. Archibald can address that, but I think in the long term the road's probably going to deteriorate and have to be replaced. COHMISSIONER NORRIS: Mr. Boldt, because we have sort of made it a policy that in other areas of the county that we are going to set up taxing districts or whatever and have the residents fund their own drainage solutions, it's difficult for me to understand why this particular sitnation's any different from any of those others as far as county participating in them. And the other thing is that perhaps somebody from the county manager's office could help us here but I believe that the City of Naples is considering annexing this particular area. And I would hate for the county to go in and fund some repair and then have the city just go ahead and annex it in. And I don't think that would be quite fair to our county taxpayers. So do you have any response to either of those? MR. BOLDT: Only that I read in the paper like you did, that this area's under consideration for annexation. People know it. The problem has existed since 1980, and it's been a continuing problem since then. My involvement in it, it's not really a storm water problem per se. It's a ground water problem. I took it upon myself to pursue it this far. Your suggestion that maybe by this 50 percent petition -- I didn't know if that applied because we're not talking about a storm water problem. It's like any other health issue, safety issue. We have I think some liability here. If somebody were to slip and fall and crack their head stepping on one of those curbs, it's within the road right-of-way. There could be some argument that it might be very -- a lot cheaper to spend $20,000 to fix it than try to wade our way through a lawsuit that could come. COHMISSIONER NORRIS: So it's not a storm water issue, and that would be -- therefore, it wouldn't -- our old policy of doing it through taxing districts would not apply. That's your contention? MR. BOLDT: That's my feeling. CHAIRMAN CONSTANTINE: Commissioner Matthews? COHMISSIONER MATTHEWS: I'd like to hear from Mr. Archibald on the condition of the road bed. And is it already sufficiently eroded that we have a problem? MR. ARCHIBALD: If you go out there today and take a look at it, the conditions look in very good shape. The asphalt roadway itself obviously could be overlaid in the future. The cost of that would be somewhere in the neighborhood of $3,000 so that the road bed concerns as Mr. Boldt pointed out are concerns but relatively small in dollars aspect. The problem that's been identified is, in fact, a problem that existed. Like many locations in the county, it only exists for a relatively short period of time. I think that's one reason why we would be looking to the residents to recognize that the only benefiting parties would be themselves and that this in some terms could also be identified as an aesthetic improvement in addition to a safety improvement. And there may be some interim measures that could be taken. But again, the actual condition that exists that's of concern probably occurs no more than four to five weeks of the year. COMMISSIONER MATTHEWS: Four to five weeks? MR. ARCHIBALD: Yeah. COMMISSIONER MATTHEWS: At the end of the rainy season? MR. ARCHIBALD: Yes. I'll look at John and ask him whether that's about the time frame. MR. BOLDT: Some years a little longer. COMMISSIONER NORRIS: Now, as I read this drawing here, Mr. Boldt, I think your gravel trench and perforated pipe hook up to an existing storm water drain? MR. BOLDT: Yes, there's a storm water drain out at West Boulevard. The catch basin drain at the corner has a very adequate output. COMMISSIONER NORRIS: So you're fairly confident that this would dry this area out? MR. BOLDT: When I took this picture, the catch basins themselves were basically down considerably lower. COMMISSIONER NORRIS: Okay. Thank you. COMMISSIONER MATTHEWS: Mr. Boldt, the other areas around Southern Pines like High Pines and West Road, Whispering Pine Lane and similar places like that, they're not having this problem? MR. BOLDT: No, ma'am. High Pines and Southern Pines were part of the same subdivision and constructed at the same time. I pulled the engineering plans for it. And for reasons unknown to me, High Pines is about 18 inches higher than Southern Pines. They didn't hardly just skim the sod to construct the road. Southern Pines, they cut it in about 15 inches deep. And in doing so they cut into the water table during this time of year when the water table raises up high. So there's just a slight difference. COMMISSIONER MATTHEWS: They must have built during the dry season. Is that what you're saying? MR. BOLDT: Yes. I'm not sure exactly when. COMMISSIONER MATTHEWS: I understand. I don't know. I'm a little bit concerned as to why this particular street is having this problem. You've answered that. How it got there I guess is another question because why it would be built 18 inches lower than the areas around it and why it got approved, how it got through all the inspection sequences, but 15 years ago is when it happened. MR. BOLDT: It was back in the eighties. CHAIRMAN CONSTANTINE: Do we have any public speakers on this item? MS. EDWARDS: No, sir. COMMISSIONER MATTHEWS: I'm not of a mind to spend public dollars to fix it. COMMISSIONER NORRIS: I understand that the residents have a problem here, and I know they would like to get it done. I believe that Mr. Archibald is probably correct in saying that it benefits only them. And therefore, it should probably fit the policy that we have for other areas, although that policy relates to storm water, not ground seepage and that if the residents are willing to fund this project, we'd certainly be willing to go ahead and do it. If there's to be county participation, though, I don't think I want to support that at this time because of the -- once again, the annexation efforts by the city. I would hate to put county money into it and then a few months or a year later have it be transferred over to the city. MR. BOLDT: Can I just state one thing? There was a lot of interest last Wednesday night by a lot of people. Some of them indicated they were going to be here. I can only say maybe weather has kept them away or maybe they're surprised at the early time we're handling this issue. I think you should need to hear from them if you want to put the initiative onto them to come back to you by a petition of some sort. COHMISSIONER NORRIS: That's actually going to be my motion, Mr. Boldt, is that if the residents feel -- my motion is that if the residents feel that this is sufficient interest for them to proceed that they go ahead and begin the petition process to develop an assessment district or a taxing district, whichever they choose, and if they are willing to do that that we go forward and do the project for them. COHMISSIONER MATTHEWS: I'll second that. CHAIRMAN CONSTANTINE: There's a motion. There's a second. Is there any further discussion on that motion? Seeing none, all those in favor of the motion please state aye. Anyone opposed? Motion carries 3-0. Item #8H1, 8H2, 8H3, & 8H4 RESOLUTION 94-795 AUTHORIZING THE ACQUISITION OF A NON-EXCLUSIVE TEMPORARY CONSTRUCTION EASEMENT; RESOLUTION 94-796 AUTHORIZING THE ACQUISITION OF LAND IN FEE SIMPLE FOR THE MITIGATION REQUIREMENTS; RESOLUTION 94-797 AUTHORIZING THE ACQUISITION OF A NON-EXCLUSIVE, PERPETUAL DRAINAGE EASEMENT; AND RESOLUTION 94-798 AUTHORIZING THE ACQUISITION OF LAND IN FEE SIMPLE FOR THE ROAD RIGHT-OF-WAY REQUIREMENTS FOR THE CONSTRUCTION OF THE ROADWAY SIX-LANING OF GOLDEN GATE PARKWAY FROM GOODLETE-FRANK ROAD TO AIRPORT-PULLING ROAD AND THE INTERSECTION IMPROVEMENTS AT GOLDEN GATE PARKWAY AND GOODLETTE-FRANK ROAD AND THE INTERSECTION IMPROVEMENTS AT GOLDEN GATE PARKWAY AND AIRPORT-PULLING ROAD - ADOPTED Now I have -- 8-H-l, 2, 3, and 4 all appear to be related items. MR. CONRECODE: Yes, sir, they are. In fact, they're resolutions to correct the legal descriptions. For the record, Tom Conrecode from capital projects office. These are all set up to modify the resolutions that were originally adopted by the board on June 28 of this summer. And just for minor changes in the legal descriptions, each requires adopting a new resolution to match the legal descriptions for the purposes of eminent domain proceedings. COHMISSIONER NORRIS: Mr. Weigel, I assume it would be acceptable to take a motion as long as -- to take a single motion as long as that motion referenced all four of these items? MR. WEIGEL: That's correct. If there's any distinction in the vote, the record should reflect that. COHMISSIONER NORRIS: I will make a motion that we adopt the four resolutions indicated on our agenda. COHMISSIONER MATTHEWS: I'll second. CHAIRMAN CONSTANTINE: There's a motion and a second. All those in favor of the motion state aye. Anyone opposed? Motion carries 3-0. MR. CONRECODE: Thank you. Item #10A EXTRA GAIN TIME FOR INMATE NO. 88785 - APPROVED CHAIRMAN CONSTANTINE: COMMISSIONER MATTHEWS: CHAIRMAN CONSTANTINE: there a second? COMMISSIONER NORRIS: COMMISSIONER MATTHEWS: CHAIRMAN CONSTANTINE: favor of the motion state aye. All those opposed? Aye. Constantine opposed). Item 10-A, extra gain time. Motion to approve. There's a motion to approve. Is Second. Got to start somewhere. There is a second. All those in Motion carries 2-1. (Commissioner Item #10B RESOLUTION 94-799 URGING THAT A MOMENT OF SILENT REFLECTION OR PRAYER BE RETURNED TO THE PUBLIC SCHOOLS - ADOPTED 10-B, a resolution urging that a moment of silent reflection or prayer be returned to the public schools. Brief explanation on this. This is something we along with other counties in the state are taking a look at. I asked to put this on just kind of as a return to basic values. I have changed the wording a little. Some of our neighboring counties in the panhandle I think indicated particular prayers and so on. I don't think that's appropriate. I think if we have a silent moment of prayer in the morning -- and I'm sure some kids will opt to think about last night's basketball game, but hopefully some of them will take advantage of that. I think whether it's for prayer or just for silent reflection, it is to the benefit of the kids and to the community as a whole. COMMISSIONER MATTHEWS: I think it's an excellent idea. I think I'd like to see moments of silence reintroduced into our many public affairs including the educational system. Any speakers? MS. EDWARDS: Yes, we have one speaker, Jack Pointer. MR. POINTER: Good morning, Commissioners. My name is Jack Pointer. I want to support this matter wholly. This county of Collier is one of those places in the world that is blessed, and it's blessed with the Lord. How we choose to say that in silence or openly is a matter of the individuals. But your proposal I certainly support. And when you get to be as old as I am or older, you begin to understand just exactly what's been given to you and how wonderful it is, and the thanks must be offered. And to each of you five commissioners, two of whom are not here today, and to the staff, you are among the blessings of Collier County. Please go ahead with this. CHAIRMAN CONSTANTINE: Thanks, Jack. COMMISSIONER MATTHEWS: Thanks. CHAIRMAN CONSTANTINE: With that I'll entertain a motion. COMMISSIONER NORRIS: Mr. Chairman, I make a motion that we approve this resolution. COMMISSIONER MATTHEWS: Second. CHAIRMAN CONSTANTINE: There's a motion and a second. All those in favor please state aye. Motion carries by unanimous acclaim. Item #10C STATUS REPORT TO THE BCC BY THE CODE ENFORCEMENT BOARD - CONTINUED TO DECEMBER 6, 1994 10-C, status update by the Code Enforcement Board. This was an add-on item. COMHISSIONER MATTHEWS: I think we moved too fast. CHAIRMAN CONSTANTINE: Apparently to be removed again. We'll leave that there and move on to -- the final item I think we have here is -- I just wanted to mention on Pelican Bay the discussion has ignited for a season yet another year. The -- I don't know that it's appropriate -- and I think we've talked about this in the past. I don't know that it's appropriate that the county take a particular position, however, in any of these issues. There seems to be a great deal often of emotion and facts that may or may not be factual. And I thought perhaps it would be helpful if we tried to play a role of at least doing a little homework and trying to dig up what some of the numbers and what some of the impact would be and did that in an unbiased manner because I know there are people in Pelican Bay who would like to incorporate, and there are people who would like to annex to the city, and the city certainly would. COMMISSIONER MATTHEWS: And there's another group that don't want to do anything. CHAIRMAN CONSTANTINE: And there are some who would like the status quo. And perhaps it will be helpful if we just try to come up with some facts not biased in one direction or the other. COMMISSIONER MATTHEWS: That's kind of what we've done in the past with the Marco Island incorporation. We opted to provide only factual information only, not to get involved with the opinionation of it. And I can support that as long as we don't put forth opinions. COMMISSIONER NORRIS: Mr. Chairman, I agree with Commissioner Matthews that when the Marco Island incorporation was being discussed, we didn't get involved in trying to steer the outcome one way or the other with the county, and that's exactly what we should do with the Pelican Bay. I think personally my preference would be that if someone asks us for information we certainly provide it. I'm not sure that we should develop figures because those figures are going to be viewed by at least two of the sides as being biased and possibly all three if we develop figures and pass them out to everyone. I think certainly if someone asks us to make an analysis of some of the aspects of incorporation and what the ramifications would be, we should certainly do that. I'm not sure that we should provide it until we're asked. COMMISSIONER MATTHEWS: So you're suggesting that we provide information on an as-requested basis? COMMISSIONER NORRIS: I think that's the approach that we used during the Marco Island incorporation struggle. COMMISSIONER MATTHEWS: I believe it was. COMMISSIONER NORRIS: We didn't get involved in making presentations that were unsolicited and that sort of thing. CHAIRMAN CONSTANTINE: I'm not suggesting we go out and do presentations or anything, but I suspect we may be asked, and just knowing even during their discussion last year amongst themselves some of the discussion against the city and against the county and against incorporation all used things that were not necessarily accurate. So if someone asks and we can provide some info, I think that benefits everyone. COMMISSIONER NORRIS: Absolutely. And I think we should direct staff to be as cooperative to anyone, and I don't know that we need directions. I think they would be anyway. But I think if there is a direction to staff it should be that they give everyone equal benefit of access of our information any time it's requested. CHAIRMAN CONSTANTINE: We'll go back to 10-C. Last call for status update by the Code Enforcement Board. COMMISSIONER MATTHEWS: CHAIRMAN CONSTANTINE: COMMISSIONER MATTHEWS: week. CHAIRMAN CONSTANTINE: COMMISSIONER NORRIS: CHAIRMAN CONSTANTINE: Mr. Chairman -- Going once, going twice. I move that we continue that one There's a motion to continue. Second. All those in favor of that motion be so kind as to state the word aye. Anyone opposed? Motion carries 3-0. Item #14 BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS Anything under communications? COMMISSIONER NORRIS: No. One thing under communications. While we have the three members here today, this would be a good opportunity to make committee assignments and to choose our office space under the new redecoration. COMMISSIONER MATTHEWS: I thought it was already done. CHAIRMAN CONSTANTINE: I just feel bad. I hope the two new folks don't get angry at each other because the doors of their offices face straight across from one another. COMMISSIONER MATTHEWS: I have one thing. Yesterday I attended a FAC meeting on social infrastructure and criminal justice. And there are some movements within the FAC that I'd like to share with this group, but I can't talk real well today, so I'll prepare something for next week and share it with all five. But there are some interesting things that were on the agenda that we managed to get changed but only because enough county commissioners showed up to do it. So it was a good meeting, wound up okay, but it could have been a disaster. CHAIRMAN CONSTANTINE: Just one -- Miss Filson? MS. FILSON: I have two brief little points. Next week I have been asked for the commissioners to schedule a time slot for a group photo for the annual report. COMMISSIONER NORRIS: For what? Excuse me. MS. FILSON: For the annual report. Linda Fasulo would like to either before the meeting or maybe take a break at a definite time so that she can make arrangements to have a group photo taken of the board for the annual report. And the second item is I provided each of you with a memorandum addressed to me from Bill Lorenz regarding an EPTAB member wanting -- I'm sorry, Sue Filson from the board's office -- wanting an extension. He's going to be away and missing meetings, and I believe the attached letter indicates that he's already missed several meetings. CHAIRMAN CONSTANTINE: I'm sorry. I don't have a copy of that in front of me. What's the substance of that? Who's asking what? MS. FILSON: It's Mr. Jack Baxter. He's a current EPTAB member, and he's requesting a leave of absence from EPTAB of a family matter. And Mr. Lorenz is recommending that if you do extend this leave that you put a time limit on it. COHMISSIONER NORRIS: Did Mr. Baxter give us any indication of how much time he needed? MS. FILSON: He did not. His letter is attached to the memo. COHMISSIONER NORRIS: I saw the letter, but I know it didn't have any reference to how long he needed. I just wondered if he had verbally indicated how long he needed. MS. FILSON: I saw him here earlier, but he's not here. I can check that out and let you know next week. COHMISSIONER NORRIS: Is the feeling like to January the 1st or -- CHAIRMAN CONSTANTINE: I was going to say three months probably wouldn't be a big deal. But if we get into six months or nine months, that's probably too long. COHMISSIONER NORRIS: So that would be -- CHAIRMAN CONSTANTINE: Do we want to maybe wait and maybe even check that during the week? And if it's going to be 94 days instead of 90 days, we won't cut him off. MS. FILSON: Okay. And then I'll bring it back next week. CHAIRMAN CONSTANTINE: My only other question is why is Steve Hart dressed that way. Miss Filson, may we be excused? MS. FILSON: You may. *** Commissioner Norris moved, seconded by Commissioner Matthews and carried 3/0, that the following items under the Consent Agenda be approved and/or adopted: *** Item #16A1 EXCAVATION PERMIT NO. 59.523 "VALENCIA AT ORANGETREE - LAKES #4-1 THROUGH #4-14 EXCLUDING LAKE #4-2" LOCATED IN SEC. 23, T485, R27E, BOUNDED ON THE NORTH BY OIL WELL ROAD, ON THE EAST BY THE GOLDEN GATE CANAL, ON THE SOUTH BY RANDALL BLVD., AND ON THE WEST BY IHMOKALEE ROAD - WITH STIPULATIONS Item #16A2 EXCAVATION PERMIT NO. 59.514 - "MAPLEWOOD UNIT TWO" LOCATED IN SEC. 31, T49S, R26E, BOUNDED ON THE NORTH, WEST, AND SOUTH BY BRIARWOOD PUD AND ON THE EAST BY AN FP&L EASEMENT ON THE SOUTHWINDS MOBILE VILLAGE PROPERTY - WITH STIPULATIONS Item #16A3 RESOLUTION 94-790, GRANTING FINAL ACCEPTANCE OF THE "OLDE FLORIDA GOLF CLUB/VANDERBILT BEACH ROAD EXTENSION" See Pages Item #16A4 ACCEPTANCE OF SEWER FACILITIES FOR GREY OAKS, UNIT FIVE - WITH STIPULATIONS Item #16A5 RESOLUTION 94-791, GRANTING PRELIMINARY ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "GREY OAKS, UNIT FIVE" See Pages Item #16B1 STIPULATED ORDER FOR DEFENDANT'S ATTORNEY FEES AND COSTS IN THE TOTAL A_MOUNT OF $22,250.00 INVOLVING EMINENT DOMAIN COURT CASE NO. 92-2791-CA-01, C.R. 846 PARCEL 130 Item #1682 STIPULATED ORDER FOR DEFENDANT'S ATTORNEY FEES AND COSTS IN THE TOTAL A_MOUNT OF $65,924.13 INVOLVING COURT CASE NO. 88-2870-CA-01, S.R. 951 PARCELS 120 AND 131 Item #16C1 TRANSFER OF THE REMAINING MUSEUM GIFT SHOP INVENTORY TO THE FRIENDS OF THE MUSEUM Item #16C2 ALZHEIHER'S DISEASE INITIATIVE CONTRACT AMENDMENT See Pages Item #16C3 DEVELOPER CONTRIBUTION AGREEMENT WITH POINT MARCO DEVELOPMENT CORPORATION FOR THE CONSTRUCTION OF THE BEACH PARKING LOT ON SOUTH MARCO ISLAND See Pages Item #16C4 ACCEPTANCE OF $6,000 GRANT FROM THE COLLIER COUNTY FRIENDS OF THE LIBRARY TO FUND A PILOT PROGRAM TO EMPLOY A PART TIME VOLUNTEER COORDINATOR AND TRAINER FOR THE HEADQUARTERS LIBRARY Item #16D1 NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF SEWER IMPACT FEES FOR VIRGINIA S. HARRIS AND RONALD L. WILLIAMSON See Pages Item #16D2 SATISFACTIONS OF CLAIM OF LIENS FOR MARIUSZ AND KATARZYNA GEZA, CAROLEE LONGSTRETH, RONALD A. TOWNSEND AND BECK AND REBECCA WEAVER See Pages Item #16D3 SATISFACTIONS OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATERAND/OR SEWER IMPACT FEES FOR YVON AND LEO ARSENAULT, WAYNE AND DONNA BUNCH, SELDON K. EASTERLY, PATSY J. FARLEY, PAUL AND HAYDEE GEYER, NORMAN AND MELINDA KLITZ, BEULAH A. LONG, NICHOLAS AND ELAINE HENDICINO, WALTER AND VICKEY MILLER, STEPHEN AND LORI MILLER, HELEN BERNICE WHIDDEN NASH, JOHN AND CHARLENE PACE, DAVID R. PHILLIPS, JOHNNY AND KARLA SEWARD, AND THOMAS AND SUSAN ZENZ See Pages Item #16D4 CLAIMS OF LIEN FOR THE ENFORCEMENT OF THE NOTICE TO CONNECT TO COLLER COUNTY SEWER FACILITIES AND NOTICE OF IMPACT FEE STATEMENT FOR THE EAST AND SOUTH NAPLES SANITARY SEWER PROJECT See Pages Item #16El RFP-94-2290 FOR EMPLOYMENT ADVERTISING PLACEMENT SERVICES - AWARDED TO NATIONWIDE ADVERTISING SERVICES Item #16E2 REPORT TO THE BOARD OF COUNTY COHMISSIONERS ON THE RESULTS OBTAINED FROM THE G.A.C. LAND TRUST QUESTIONNAIRE MAILED TO RESIDENTS OF GOLDEN GATE ESTATES FOR PURPOSES OF PROVIDING RECOHMENDATIONS FOR THE EXPENDITURE OF FUNDS IN THE G.A.C. LAND TRUST Item #16E3 RESOLUTION 94-792 CANCELING CURRENT TAXES UPON LAND ACQUIRED FOR PUBLIC USE FROM SUNSHINE VILLAGE OF NAPLES, LIMITED COMPANY, CONTAINING APPROXIMATELY .0911 ACRES, MORE OR LESS See Pages Item #16E4 RESOLUTION 94-793 ESTABLISHING THE PAY TITLE OF DIRECTOR OF REVENUE - WITH CHANGE See Pages Item #16F1 RECOHMENDATION TO AWARD BID NO. 94-2267 FOR THE ACQUISITION OF HAND HELD PULSE OXIHETERS AND TO REJECT THE BIDS RECEIVED FOR HAND HELD CO2 DETECTORS FOR THE DEPARTMENT OF EMERGENCY MEDICAL SERVICES - AWARDED TO AERO PRODUCTS Item #16G1 PUBLIC AWARENESS ADVERTISING CAMPAIGN ON VARIOUS RADIO, TELEVISION AND IN LOCAL NEWSPAPERS FOR RECYCLING AND MANDATORY PROGRAMS FOR FY 1994/95 Item #1662 RESOLUTION 94-794 APPROVING AND CERTIFYING THE SPECIAL ASSESSMENT ROLL FOR MANDATORY SOLID WASTE COLLECTION AND DISPOSAL FEES FOR THE 1995 SERVICE YEAR See Pages Item #1663 RECOHMENDATION TO ADJUST WATER HANAGEHENT CIP BUDGET (FUND 325) TO REFLECT REVISIONS IN CAPITAL PROGRAM AND CARRYFORWARD FROM PRIOR YEAR Item #16H1 ACCEPTANCE OF PURCHASE AGREEMENT FROM ROBERT H. JAEGER AND RICHARD L. JAEGER FOR LAND SITUATED IN SECTION 29, TOWNSHIP 50 SOUTH, RANGE 27 EAST, FOR MITIGATION PURPOSES - 40 ACRES IN THE AMOUNT OF $99,000 WITH CLOSING COSTS NOT TO EXCEED $50.00 See Pages Item #16H2 EXPENDITURE OF A $290 REGISTRATION FEE THAT HAS BEEN PREVIOUSLY BUDGETED FOR EACH AIRPORT AUTHORITY MEMBER TO ATTEND A NATIONAL AIRPORT AUTHORITY BOARD MEMBERS WORKSHOP SPONSORED BY THE AMERICAN ASSOCIATION OF AIRPORT EXECUTIVES ON MARCO ISLAND DECEMBER 13, 1994 Item #16H3 - deleted Item #16H4 - deleted Item #16H5 BUDGET AMENDMENTS RECOGNIZING ESTIMATED CARRY FORWARD FOR PROJECTS IN FUNDS 301, 345, 368, 362, 363, 364, 365, 366, AND 367 Item #16J MISCELLANEOUS CORRESPONDENCE - FILED AND/OR REFERRED The following miscellaneous correspondence was filed and/or referred to the various departments as presented by the Board of County Commissioners: Item #16J1 CERTIFICATES OF CORRECTION TO THE TAX ROLLS AS PRESENTED BY THE PROPERTY APPRAISER'S OFFICE 1994 Real Property Number Dated 01-08 11/01/94 10 11/01/94 18-20 11/02/94 25 11/02/94 33 11/03/94 36 11/03/94 1994 Tangible Personal Property Number Dated 01-62 10/13-11/03/94 Item #16J2 SATISFACTION OF CIVIL JUDGHENT LIENS See Pages There being no further business for the Good of the County, the meeting was adjourned by Order of the Chair at 9:54 a.m. BOARD OF COUNTY COHMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL TIMOTHY J. CONSTANTINE, CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK These minutes approved by the Board on as presented or as corrected TRANSCRIPT PREPARED ON BEHALF OF DONOVAN COURT REPORTING BY: Shelly Semmler