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BCC Minutes 08/17/1993 R Naples, Florida, August 17, 1993 LKT IT BE REMEMBERED, that the Board of County Commissioners in al~d 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 /aw and having conducted business herein, met on this date at 9:00 A.M. in ~GULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Burr L. Saunders VICE-CHAIRMAN: Timothy J. Constantine John C. Norris Michael J. Volpe Settye J. Matthews ALSO PRESENT: Dwight Brock, Clerk of Courts; John Yonkosky, Finance Director; Annette Guevln and Sue Carney, Recordin~ Secretaries; Nail Dorrlll, County Manager; William Har~ett, Assistant County Attorney; Dave Weigel, Heidi Aehton, Tom Palmer, Remits Manalich, Martha Howe// and MarJorie Student, Assistant County Attorneys; George Archibald, Transportation Services Administrator; Frank Brutt, Community Development Services Administrator; Tom 011iff, P~Ablic Services Administrator; Dick Clark, Code Enforcement Director; Gre~ Mihalic, Affordable Housing Director; Mike MeNses, Budget Director; Tom Conrecode, Capital Projects Management Director; John Nad&Jewski, Project Plan Review Manager; Stan Litsinger, Growth Management Section Chief; Jeff Perry, Phil Scheff and Diane Holling, Planners; Sue Filson, Administrative Assistant to the Board; and Communications Officer William McNulty, Finance Director Crystal Eillzel, Lieutenant Byron Tomlinson and Sergeant David Greys, Sheriff's Office. Page August 17, 1993 O0~l~ei~ VOlp~ moved, seconded by Co~mtae~oner N~tthm~s and ~l'~d mmn~ml¥, to &~prove the mgenda w~th the chang~ a~ ~tl~d m~ tb~ ~ Chang~ Sheet ~nd with the follo~t, ng ~ddition~l Item #16C1 - Recommendation to approve and execute a lease agreement between Collier County and Naples Off-Road Racers Association, Inc., for the purpose of utilizing a portion of the Golden Gate Community Park - Moved to #8C1. Page 2 August 17, 1993 The motion for approval of the consent agenda is noted under Item #26. O.~.~imi~m4r Ilorris ~ovad, seconded by Contastoner Yelps ~t~ ~lmly, to a~r~o the Minutes of tM S~ctll bring of ~ly 29, 1~3, ~d ~1~ bti~ of lupt 3, 1993. (2~) "':' Commissioner Constantine congratulated the following employees and · presanted their service awards: 2rnesttne S. Coustneau, County Attorney's Office - 20 years ~':. Jeanne Soprano, Library - 10 years ;.. Na~ta 2. Cruz, Code Knforcement - 5 years ~. Samuel K. Peele, Jr., EMS - 5 years (272) Ztm ~TION TI~T TI~ BO~,~I) OF COUNTY CO[~ISSlO~ &CC2PT A ~ IiN TI~A~OUI[T OF 0153,000 FRON FT.,ORZDA PON~R & LIGHT C0~PAI[Y IN A~O~IATIONNITll TR~ CRILLER PLAFI' EXPANBIOH PROJECT - ACCEP'IID Kd O'Netl with Florida Power & Light Company (FPL), explained various aspects of the chiller plant expansion project and Its bene- fits to both Collier County and FPL. Terry Hall and Rob Rtsley with FPL, presented a rebate check in the a~ount of 8153,000 to Commissioner Saundere. Co~mieeloner Saunders accepted the check and thanked the represen- tatives of FPL for the opportunity of becoming Involved in this Joint venture. ~ 93-417; 93-419/428; 93-431/434; ~ g$-4ST/4S8 - August 17, 1993 "': In response to Finance Director Yonkosky0 Commissioner Matthews 'Indicated she has received the requested report on Budget Amendment 93-417 from the previous meeting and ts satisfied with its contents. Finance Director Yonkosky asked that Budget A~endment 93-417 be /ncluded tn the motion for approval of those being presented this Com~tsetoner Volpe questioned if impact fees are a source of funds be/ng ueed for Budget Amendment 93-436 concerning the Golden Gate Community Park pool equipment? Finance Director Yonkosk¥ asked for the opportunity to :,~n~ rat=r~ ~tth more Information. An~ertng Commissioner Matthews, ~tnance Director Yonkoeky stated he te un~ure ~hether the work performed in association with Budget Amendment 93-439 was anticipated tn the original b~dget. Commissioner Matthews commu~tcated her concern that pro~ects are be/rig undertaken when the proper funding mechanism te ~ot in place. County Hanager Dorrill suggested Budget Amendment 93-439 be con- tl~ued for o~e wee~ a~d he will provide additional information. Clerk Brock pointed out the role o~ the Clerk ts to do accounting, and questions concerning the budget amendments should properly be addressed to Staff of the County Manager. In response to Commissioner Matthews, Transportation Services Acha/nlstrator Archibald stated reference to the Immokalee River Bridge ~n Budget Amendment 93-420 should be corrected to read the Marco River Bridge. c~t~d un~/mou~l¥, thlt Budget ~nd~mnts 93-417; 9~-~$1/454 ~d 95-43?/438 ba adoptS; and that Budlg~t ~nte 9~-&3~ ~d 93-4~9 ~t1! I~ brought b~ck w/th more /nform&tton In on~ .*lr~ya~lM ~o IIODII/w~-, 3R.. OF ~ i~JkLTY COMP&NY RIIIJI~RDZIG ~ ~,~T~T - ~T~FF TO PROVIDE lt~POltT OI BO1q[ RELOC&TZON ~ND UPGIt~E OF Page 4 August l?, 1993 William L. McDaniel, Jr., of The Realty Company, asked the Board to consider the possible relocation of Rosemary Cemetery, currently located at the corner of Pine Ridge Road and U.S. 4]. He explained the cemetery was relocated from its original site at St. Anne's Oatholtc Church between 1931 and ]934 to its current site. He indi- cated 20 acres were originally donated by Mr. Crayton for the ceme- tery, which has now diminished in size to two small sections totaling leas than one acre. He said there has been much dissension about the location of the cemetery and there has never been any proper main- tenmnce or care of the gravesites, adding that much vandalism and destruction has taken place. He mentioned having spoken to Collier Oo%u%ty Museum Director Ron Jamro, who has indicated there is a small section of property on the Museum grounds which may be an appropriate relocation site for these people, who were the founding fathers and original settlers of Naples. He concluded it is his Intention that the Board consider designating the site as surplus land of no future value to the County and make it available for sale. Colissionar Constantine suggested if some of the founding fathers of the co~unity are laid at rest in this cemetery, the site may be of interest to the Hiatorical Committee for preservation. Mr. McDaniel communicated having discussed the aub3ect with Art Lee of the Preservation Society, who has Indicated there is no inten- tion at the present time to designate this land as an historical site. Assistant County Attorney Meidi Ashton advised that she has done preliminary research on the State Statutes with regard to exhuming bodies and closing pioneer cemeteries of this type. She reported that the consent of the next of kin is necessary, and a licensed funeral director is required to perform the removal along with a permit for lnter~ent and disinterment from the Department of Health and Rehabilitative Services. She noted it is her understanding that The Realty Oompany plans on removing the bodies themselves and paying for the associated costa. Commissioner Volpe relayed his interest in exploring the possible Page 5 AUgUSt 17, 1993 :,relocation of the cemetery, due to the Inappropriateness of Its pre- -:-tent location. The following person spoke regarding this Item: John Keschl Co~slssloner Constantine commented he has recently visited Boston, which hms e~ny historical graveyards within the downtown area. He :.pointed out real estate in that area Is worth a considerable amount of ~oney, and while the graveyards may not be compatible with what has grown around them, they are historical sites and the final resting places for those people. He said he Is not In favor of Investigating a relocation of this cemetery, but would be in favor of upgrading the Comtsstoner Volpe Indicated he is not In disagreement with :;' Commissioner Constantine's comments, however, there may be a more appropriate location for such an historical site than the busiest intersection in Collier County. Mr. McDantel reiterated that the cemetery has already been moved once before. Comtastoner Matthews stated her preference that the current site be upgTaded to give the people buried there the proper respect they ere due. She said she ts opposed to moving them again. It was the consensus that Staff will provide the Board with a report within 45 days of both the possible relocation and upgrading of the cemetery. T~ ~ DTNTROPRY ASSOCIATION R~GARDIIG TR] ANNUAL BOOT DRIV~ - lEDA TO I ~PdklT~D ~Iv~CXAL EIC~MPTXON FOR LABOR DAY NEE~I[D FUND DRIV~ - NXTH ~TXIRIL&TXON8; STAFF TO DRAFT ORDIWCE REGARDING ~OLXCXT&TIOI AT Pete Morgan, Regional Director for the Muscular Dystrophy Association (MDA), requested permission from the Board for Collier Cottnt¥ fireftghters to conduct their annual Boot Drive on the street corners of Collier County. He explained for 39 years, ftreftghters Page 6 ~. , August 17, 1993 '~ ~rou~d the country have been conducting this annual fund drive on , Labor Day Weekend for 3erry's Kids. He said the Boot Drive has become ..iiii! "a vital part of MDA's year-round fundratsing campaign, raising over '$8-milllon in 1992. He stated the money raised in Collier County from this drive is crucial to enable MDA to provide services for al/ those with neuromuscular disease in South West Florida. He noted it has recently come to his attention that Collier County firefighters may be prevented from participating in the 40th annual Boot Drive due to an interpretation of Florida State Traffic Laws by Code Enforcement Director Dick Clark. He said after meeting with Mr. Clark and Jennifer Edwards of the County Manager's Office, It was suggested that this #tter be brought before the Board of County Coutsstoners for a resolution. He reported it ts his position that there is currently no Cttyo County or State Statute that prohibits ftreftghters from collecting on street corners. He asked the Board to consider adopting an ordinance similar to Lee County, which specifically allows 501(c)(3) registered charities to solLctt on street corners. He advised MPA has solicited an opinion on the Lee County ordinance bocal~se of concern expressed on whether or not it ts constitutional. He said a former counsel to the Florida Senate and prominent Tall&hueee attorney, Edward Jeffrey, has rendered an opinion that the ordinance ts constitutional. ~'' Comlalseloner Saunders asked that the Board be provided with copies of both the Lee County ordinance and the related legal opinion. Dick Clark, Code Enforcement Director, relayed that the issue not solely related to code enforcement. He said it also pertains to of the Sheriff's Office. Re indicated a key tssuete whether 'viable alternatives are available to soliciting funds rather than ~lktr~' up and do~n streets ftllsd with traffic. }le stated Coda gnforcement as well as the Sheriff's Office receives many calls from outraged people who have been distracted in their driving. He com- imtullc&ted that Assistant County Attorney Tom Palmer Is of the opinion that this type of action is prohibited by State Statute. Re expressed Page 7 August 17, 1993 concern with the potential of 100 to 150 501(c)(3) organizations soil- citing tn the streets, stating he Is unaware how NDA could be allowed to conduct this activity while prohibiting another organization such u the A~ertcan Heart Association. Mr. Morgan reported that to his knowledge, there has never been an Incident where a flrefighter has been injured In the process of doing the p~st 39 Boot Drives. He said a major benefit to the flreftghters' NDA Boot Drive is the Immediate public recognition as people the dri- vers can trust. He stated the firefighters act responsibly, and the drive h~s worked for ~any years with no safety problems. With regard to a proliferation of charities conducting similar activities, he said, they have developed an ordinance similar to the one adopted in Lee County which allows the Board of County Coauatsstoners to decide which groups will be granted permission. He noted the Lee County ordinance also specifies fundratsers must be 18 years of age or older and ~ust represent a 501(c)(3) charity. In answer to Commissioner Constantine, Nr. Clark stated the nature of complaints received pertains to this activity being a distraction that ~ay cause accidents. He indicated from his experience, vehicular and pedestrian traffic are Incompatible in the same space. Sergeant David Greys, Collier County Sheriff's Office, advised thmt the ~a]or problems pertain to the lack of training of the fundratsers at Intersections. He said they bottleneck traffic and run through lanes of traffic back to the median, creating congestion, possible safety hazards and distraction tn the intersections. He Indicated the major concern of the Sheriff's Offtce is to keep traffic aovtng and flowing so that no one gets hurt. Mr. Morgan couented that is the reason MDA chooses to work with firefighters, who are trained tn safety. The following people spoke regarding this item: Kathy Bellows Leroy Notttngh~a Rich Gibbons In response to Commissioner Saunders, Assistant County Attorney David Wetgel stated he does not believe there is not enough dlsttnc- ,oo, 14 Page 8 August ~?, ~993 /~on between a Labor Day collection by ffirefighters for MDA and collections by other organizations in order to craft an ordinance in such a manner as to exclude others. Comiaaloner Constantine questioned whether it would be possible tO ~randfathsr In the MDA Boot Drive while prohibiting other similar activities? A~slstant County Attorney Welgel Indicated it would be possible, however, it would be difficult to legally defend. In answer to Couteetoner Yelps, Assistant County Attorney Wetgel stated tt ~ay be possible to draft an ordinance llmtttng this activity to being performed only by public employees. Coatesloner Saunders communicated the major concerns are safety and recognition by the public that the fundratsing event ts a legttl- Nra mcttvtty. Ha added to Commissioner Volpe's suggestion by proposing an ordinance be drafted limiting the activity to public safety employees with recognizable vehicles such as fire trucks and p~trol cars. A~eletant County Attorney Wetgel noted another Issue concerns the choice that must be made by someone as to which 501(c)(3) organt- zation~ will be sponsored by the public safety groups. He also advised the Board that Indemnification and liability must be addreaeed. ~tosler ~rTia ~ov~d, seconded t~F Co~iuloner Volpe, to ~~ l~aTleekendwith tbs require~ent that MDA p~ovt~e the ~ =~nce and assurances as provided to Lee Co=n~y for 'l:b/le"llllt; ~ tl~llt Staff return with an ordin~nce en~ln~ the Co~tasioner Saunders suggested the proposed ordinance be limited to nationally recognized 501(c)(3) organizations such as MDA; that the activities be performed only by law enforcement or flreftghter per- aonnel specifically trained tn public safety and traffic control; and that a special permit be required as In Lee County. Page 9 August 17, 1993 Responding to Co~-issioner Norris, Mr. Clark Indicated the direc- tion to Staff satisfies his concerns. In answer to County Manager Dorrtll, Mr. Morgan stipulated for the record that NDA will obtain the associated right-of-way permit and comply with the Insurance provisions. U~acm/l £or the question, the ~otton carried un~nts~3u~l¥. ese M: 10:30 &.M. - Recozxvlned: 10:40 A.M. at M~tch ti~ 1~ ~e,rf~tary Carney replaced Recordtn~ Secretary Gu~vin ese (SACS) Xte~C VXCTOHV~ RE MAIVER OF COPT FEES - BCC TO FUND I]I~PT~TIOI OF · il~]IX~TeS ]rXLES0 BUT NOT TO ~ 24 HOURS - APPROVED Victor Valdes reported on the alleged police brutality in Collier County and requested funds from the County In order to obtain copies of the 152 files opened in the Internal Affairs Bureau. The following people spoke on the subject: Zac Lucio Manuel Rodrtguez Bz~lno Gomez Lt. Byron Tomlinson, representing the Sheriff's Office, stated that the charge for copies is .15¢ per page, with an additional .05¢ for double sided copies, adding that a supervisor ~uet be available while the flies are being reviewed and the charge for the supervisor ie $14.00 per hour. Coutsstoner Matthews voiced her concern at the a~ount of complaints filed and questioned whether the public is notified of the results of the Investigations dons by Internal Affairs? Lt. Tomltnson replied that complainants are notified of the results of all investigations. Co~mlsatonar Saundere asked whether the Sheriff would waive the 814.00 faa? Lt. Tomllnson replied that the Sheriff would have to agree to that ~;:~himelf, but pointed out that only two employees are available in that departmant. ' .~00, 00~PA~ 16 Page 10 August 17, 1993 Co~etoner Volpe emphasized that there are other appropriate ent~t~ee that are dedicated to public rights that could he~p ~n th~s ettmatton. Co~mlssloner Volpe indicated that he was not supportive of public i~m~s being ~ade available for this purpose, adding that he did not think it was appropriate for the Board to dictate procedures to other constitutional officers. Coatsstoner Norris agreed ~lth Co~tsstoner Volpe. ~sist~t C~ty Attorney M~alich advised that the Board of 'C~ Co~teetoners could not direct Sheriff Department policy bu~ c~ld determine public purpose. Coatsmtoner Const~tine recognized the public purpose, but agreed that the Board of County Coutsstoners could not give direction to other constitutional officers. Coatsstoner Sanders declared that he ts not pres~tng to give direction to the Sheriff, but could not see that It would be inappropriate to use public f~ds for the $14.00 per hour charge, only for the review of the files, not copies, thereby giving citizens access to ~bllc records. Co~tseloner Matthews stated that the misuse of authority im~rt~t issue in the public's interest. Oo~lseioner Constantine Indicated that he could support a motion for ~blic f~din~ if a time limit ts set for the review of the files in ~eetton. t~ ~~ c~s in~r~ for the i~ctt~ of t~ 152 ftl~ ~ ~ ~ Intel Affairs ~eau ~ ~. Vales with FUND~ TO ~:~ORT TI~ TRA~POI~TATZON COLLIER CO01rI'Y - APPI~OV~ AuGust 17, 1993 Jeff Perry, Chief Transportation Planner, explained that the agreeaent authorizes the expenditure of $17,921.00 for the re~aining three months of the fiscal year because they operate on a State fiscal year ~hich requires the County's contribution to he divided into 9 ~onth/3 ~onth increments. He stated that the original total knldgeted was $78,300.00, and the total of the divided budget was $53,47X.00, which leaves $2¢,829.00 to he progranned into next years budget or the Board could agree to increase the allocation for the remaining three months. In response to Commissioner Matthews, Mr. Perry confirmed that the remaining 824,829.00 would be programmed into next years budget. CommiooA~Mao~ Matthews moved, seconded by Commioalonor Volpo and ~Aod~unanimouoly, to approve the agreement to provide local Fund~ to oup~ YJ~o T~an~portation Disadvantaged Programs in Collier · ..~.~ Auguet 17, 1993 Transportation Services Administrator Archibald explained that the three l~urty agreement involves the City of Naples, City of Everglades 8nd Collier County for the allocation of the five cent additional option gas tax for a period of ten years. Nr. Archibald described the formula for the allocation is based on the prior five year expenditures by each party. Commissioner Volpe asked what was the rationale of a ten year agreement when the formula was based on five year expenditures and would At not be more appropriate to base the agreement on five year increments? NF. Archibald replied that state statute specifies that when you allocate by expenditures you review the previous five years, and In regard to re-addressing that allocation, state statute requires that it be re-calculated every ten years. Assistant County Attorney Wstgel clarified that the initial agreement would require the approval of all parties and all three par- ties could revisit the matter midway through the ten year period. Finance Director Yonkosky responded to Commissioner Constantine by explaining that the five year expenditures of ~he County were given to the finance staff of the City of Naples and the City tn turn, gave the County their expenditures for review, adding that all parties were o~ttsfted. Comuisstoner Constantine noted that he would like to see a five YU~r term for the agreement. Transportation Services Administrator Archibald advised the Board of the difficulty created by Statute if either of the cities do not concur, noting that the County would then be forced into allocating the tax b~ the exact formula which would force it into a ten year Page 13 August 17, 1993 :- Commissioner Volpe indicated that the cspttal costs to the County will far exceed the costs for road construction in the City and he ~muld prefer a five year agreement, but not at the risk of Jeopar- dazing the agreement in Its entirety. Mr. Archibald reported that the City Council's of both Naples and Bvergladee City will meet tomorrow to address the agreement. He men- tioned that the tnterlocal agreement allows communication between the three parties and provides the forum for a lesser period of time, adding that If concurrence of all three parties is not met by September 1, state statute forces allocation based on the formula for ten years, with re-computation at the end of the ten years. ¢o~isstoner Sounders pointed out that If the cities do not agree, this item will be brought back on August 24, 1993. ~i~ ~rrie ~ov~, ~cond~d by C~tsst~r Vol~ ~ ~~~IF, t~t the lnterlocal i~~t ~ ~wtth Tr~s~rtatton S~rvt=~s Administrator Archibald r~v~al~d that will attend the City of Naples Council meeting as a representative of the Board of County Co,missioners. ~. Assistant County Attorney Wetgel stated that his office will pre- pare the change to the agreement to indicate that after five years there will be a re-calculation of the distribution of proceeds. (1¢01 ! ~"- A~O~X*~I~, 11~. I~R ~ PlrltsOS! 0! UTILIZING A PORTXO~ OF Tl~ ~OLD~I~ ~T~ ~ P~K - API~ Public Services Administrator Olllff explained that this a request to approve a lease agreement with the Naples Off-Road Racers Association, adding that members race small radio controlled off-road care, and the would like to utilize a portion of the Golden Gate .i" Co~unity Park. He advised that the Park Department has no objection to the request. Page 14 August 17, 1993 Oo~aAsmtoner Volpe voiced his concern regarding noise. Mr. Olliff described the cars as small, battery operated, assuring the Colteelon that noise would not be a problem. Commissioner Volpe stated that he does not feel that $10.00 per year ts a reasonable rental for 8,000 sq. feet of public property. Mr. Olltff Indicated that It would be a public recreational oppor- Xn response to Commissioner Norris, Mr. Olltff confirmed that the Association ts a non-profit club. The following people spoke on the subject: Andy Werner David L. Smith tO ~ tbs ~t. Commissioner Volpe stated that there are other non-profit organi- zations that use community facilities for which the are charged &ccordtng to a fee schedule, adding that he cannot support the motion. ~ e~/1 for ~ qu~mtlon, the mot/on carrle~ 4/1 (~issioner August 17o 1993 ~D ~ D~P~ OF COt~t~TY ~FA~R~ ~tZ~RD ~TI~TI~ ~ ~ ~XC~ ~ GI~ ~ATI~ ~~ ~R 50/50 ~~ ~ ~ ~~ 2, 3, ~ 4 ~Y. Pete Coeeau, Stormwater Utility Manager, explained that the objec- tive Is to secure matching funds from the Federal Emergency Management Agency (FEMA) and Florida Department of Community Affairs (DCA) through their grant funding program to reduce Collier County's vulnerability to natural hazards. Mr. Comeau stated that 15 mil/ion dollars has been made available for federal grants on a 50/50 ~atching funds basis. He reported that Staff submitted pre-application forms on June 30, 1993, consisting of four projects, which were reviewed by FEMA, who gave tentative appro- val to proceed with final application which is due on August 31, 1993. Mr. Comeau described the four projects and the total projected cost for each, adding that Collier County's total matching requirement would be $2,060,000.00. He noted that funding options for the County's ~atching share would include raising ad valorem taxes and cutting internal programs, adding that it is Staff's recosunendatton to authorize Staff to make official applications for the projects based on FEMA/DCA final approval and tentative approval for matching funds. In response to Commissioner Norris, Mr. Comeau stated that during the budgeting process, Staff was unaware that this money would be available. Co~aiseloner Norris commented that the mil/age rate has already been established for next year. Mr. Co,eau confirmed to Commissioner Volpe that Project l, Exotic :/" Tree Re,oval, had already been addressed and was not recommended for ~nclu~on by the County Manager's office. Comteetoner Volpe asked when the replacement of bridges and culverts were planned for? Mr. Comeau replied that the replacement of bridges and culverts Page 16 AUgUSt 17, 1993 would have to be addressed within the next five years. In response to Co~misstoner Volpe, Mr. Comeau replied that if the ~one~ ia granted, the funds could be spent within the time frame sti- pulated in the application. Co.missioner Saunders asked if one-half of the three million doll~rm for the removal of exotic trees would have to be appropriated tn the coming fiscal year? Nr. Comeau answered that a couitment to match the funds would have to be ~ade, but not necessarily the expenditure of the Co. Isotoner Const~tlne asked what t~e of internal progr~s c~ld ~ 3o~ Boldt, Hater H~agement Director, noted that 886,000.00 has ~en a~r~ed for next year's budget ~or the clearing of Brazilian ~p~re, ~ggesttng that those ffunds could be shlffted ~d used for the ~tch~ng Co~tsstoner Volpe co~ented that he ts supportive of projects 2, 3 ~d 4 if there Is a way to f~d them within the existing ~dgettng ~. ~. Co~au cautioned the Board that if grmted final approval, the ~d ~uld have ~o approve ~ interlocal agreement in December. Co~leeloner Sanders said tha~ the exotic trees ~st be removed, ~ f~eral f~ding should be taken advantage of to do so. ~ll Neron spoke on ~he subject. ~J~ ~, S ~ 4. ~ ~ ~ ~d ~A ~d. ~ ~ to c~ti~ ~lori~ f~ral ~dA~ to c~lete ~ ~1 f~ the ~tl~, t~ ~tton fail~ 2/3 Page 17 August 17, 1993 " ~ ~, $I~ INSTALLATION, AND NAVI~TIONAL ~ NITHIN Tom Conrecode0 Capital Projects Director, explained that Staff seeks direction on this Item regarding the Impact on boating in the &rea and lentioned that the Environmental Staff is preparing a manatee protection plan and a boating survey which will be presented to the Bo~d in DeceHber. Co~iaeloner Constantine suggested that discussion on this item be deferred unti! the presentation from the ~nvironmental Staff. ~~~ Norris ~c~ed, ~econded b~ Cc~eeioner Volpe, to ~ Staff"a rwcc~endations on No-flake zones, sign in~tallatlon A discussion ensued &s to whether the Manatee Protection Areas should be addressed at this time. Gerard Materials spoke on the subject. Mr. Conrecode stated that there are two areas designated for Manatee protection; Little Hickory and Marco River along Hide-a-way Beach. Coniesioner Volpe asked how many signs are necessary and st what cost? Mr. Conrecode replied that the cost for the manatee e~gnage for the Little Hickory area $1,350.00 and the cost for the Marco River area ~ould be $2,400.00. Zn response to Commissioner Constantine, Mr. Conrecode confirmed that the Florida Department of Natural Resources does not recommend et~nage in the Marco R~ver area. Co~aleeloner Volpe recognized that although there is a manatee ~iprotectAon ordinance, there have been instances where ~anatee eignage ~ c~l! fo~ t]~l ~tion on the floor, the ~otion Page IAedmfTm~a euly, a~ctfical3y excluding the Narco River L-em. ese, ~: 1~:28 P.N. - Reconvened: 1:05 P.M. at Mb/ch tim Rm::onlb~~ Guevtn replaced Recording Secretary Carney esi ~?'.J~B~II~IBiI~TIOIITRILT TH1 BO&RD OF CO011TY OOIOIZSSZOIlKRS COIBZDERAID " ~iB~L"T~ SOUIt~B(S) OF FUIIDZIIO TO THE 11VE-CKJlT g, IL9 ~A,W ~ William Hargett, Assistant County Manager, recalled at the August 3 Board of County Commissioners meeting, Staff was directed to look et the list of road improvements and move all non-concurrency driven projects along with the existing debt to the out years. He referred to a slide presentation depicting the list of 36 projects and the revised costa after removing Vanderbtlt Beach Road, Santa Barbara Boulevard and the existing debt of $13,750,000. He noted since that debt will not be paid off, interest payments of $3-mtllton over the five-year ter~ have been added. He reported on June 23 the projected deficit was $48,177,000 which has now been reduced by $21,800,000 through the Board's direction to remove the Vanderbilt Beach Road and Sonta Barbara Boulevard projects and postpone the existing debt. Be said with the projected revenues of 818,900,000 from the new five-cent gab t~x, the deficit has been decreased to $10,434,000. He enumerated several revenue sources that may be considered to cover the deficit, Including ad valorem taxes, sales tax and the existing gas tax. He ".;noted the executive summary suggests only as an alternative, one of a of ways to make up the $10-mtllton deficit; I.e., through · i':.tranofer of funds from Capital Fund 301, which has an existing reserve of nearly $3.2-mlllion with annual revenues into the fund of $5.3-millton. He cautioned that it is important for the Board to z~e~ber that the savings being achieved now through moving the pro- ects , are J and debt then accumulated in the out years which runs the Page 19 August 17, 1993 · iSscond five-year deficit up by a corresponding amount as well as the additional $3-million tn Interest payments on the existing debt. Commissioner Norris noted of the $6.8-mtlllon In existing gas tax revenues, only $2-mlllton are going toward capital road improvements at this time with the remainder being used for operations and main- tenance. He proposed over a period of three years to roll the $4.8-mtllion now used for operations and maintenance into capital fatnde at the rate of $1.6-million per year. He said to supplant those Funds being removed from operations and maintenance, he suggested the use of ad valorem tax funds while attempting to eliminate from the budget a corresponding $1.6-million per year in other expenses. Commissioner Volpe pointed out that the Vanderbilt Beach Road and Santa Barbara Boulevard projects have been removed from the list of road Improvements because they are not considered concurrency driven projects within the next five years, yet Livingston Road remains on .the list. Jeff Perry, Chief Transportation Planner, explained without Livingston Road, Airport-Pulling Road will be deficient in 1998; and the Livingston Road project will coat $9.§-mtllion as compared to $15-millton for improvements to Airport-Pulling Road. Commissioner Volpe communicated the Board's policy with regard to long-ter~ borrowing to fund capital projects and Infrastructure that will be of benefit to future citizens, has been that the costs will be shared by those future beneficiaries of the community. He asked the Board to consider bonding, which was done to fund the County's public parks and is now being done as It relates to the water and sewer enterprise funds. In response to Commissioner Natthews, Budget Director Nike NcNees stated the anticipated general fund carryforward from FY 93 to FY 94 is $10-mtllton including all reserves, all unexpended money and all turn-backs; however, he cautioned that 100 percent of those monies is appropriated In the FY 94 budget. Commissioner Matthews suggested the Board look at using that as a Page 20 August 17, 1993 source of funds in H 95 and FY 96 to solve some of these problems, rather th~n roll over those funds year after year to suppress the Commissioner Volpe pointed out that Commissioner Matthews' .~' ~uggeetion would re~lt tn the use of ad valorem t~es to f~d the trms~rtat ton ne~ork. ' Co~tsetoner Matthews stated for ~y years, the Board utilized 'fro~ 8 ~rcent to 34 percent of the sales t~es collected to fund road constriction, up to the past two years. She said now, sales t~es are ~tng used tn the general fund to keep the millage rate Iow. She ~ggeated If that had no~ been done, the millage rate for ad valorem t~S ~ld have risen for general f~d expenditures, ~d the roads ~ld not ~ as severely deficient as they are now. Co~lssioner Sanders agreed that all the transportation needs c~ot ~ f~ded with gas t~ee and Impact fees. He said a creative eoluti~ ~t ~ fo~d, which will inevitably Include other revenues f" ~lng ~ for ~tnten~ce. T~ foll~tng ~ople spoke regarding this item: Terrt Traggeeser Fred Tarr~t Dick Siegel I ~ ~t of ~nding free the ~dget for s ~ri~ of constriction ~d ask Co. tv M~ager Dorrtll to develop a procedure on ~ to ~ t~t ~d how It will be montlored. Co~tsstoner Sanders asked Co~tsstoner Norris to further ~end ~ hie ~tton to direct Staff to attempt to find a way to fix the Page 21 August l?, 1993 · '!~l~ltersst rate on the $13,750,000 debt and to provide some pa~msnt of principal ac that at the end of five or ten years, the a~ount of debt has been reduced. He also asked that the enviror~ental per- matting of Vanderbilt Beach Road be left on the project list, and perhaps construction of only the segment of that roadway from U.S. 41 · :to Goodlette-Frank Road. - Assistant County Attorney Wetgel cautioned if the motion includes the use of the new local five-cent additional gas tax funds for design or improvements of Vanderbtlt Beach Road, the premise upon which the ordinance was adopted by super majority vote was that no ~unds would b~ used for any non-concurrency driven projects for one year. Comisstoner Saunders agreed, however, the plan about to be approved considers a great deal of other revenues such as impact fees and sales taxes that will now go into this funding. Cosmlsstoner Constantine voiced his opposition to Including any pert of Vanderbtlt Beach Road on the project list, recalling his sup- port of the new five-cent gas tax was premised on that roadway being removed. Contsstoner Norris questioned If environmental permitting of Vanderbilt Beach Road is included tn the list of projects, would the 'i':vote of August 3 In support of the gas tax be circumvented, to which Assistant County Attorney Wetgel replied in the affirmative. Couutsstoner Norris conmuntcated he cannot include any part of the Vanderbilt Beach Road project In his motion. debt ~ad fix t~ interest rate. for ~ question, the ~otton c~rried 4/1 (Cos~imatonar PITCh--tS-i, SUNCOAST CORPORATION RBQUESTXNG & R~ZONI FROM · lOOK O(~P,t~[ 33' Page 22 August l?, 1993 L~g&l notice having been published in the Naples Dally News on July 22, 1993, as evidenced by Affidavit of Publication flied wtth the Clark, public hearing was opened. Plm~ner Philip Scheff presented Petition PUD-93-4 from Suncoast Corporation requesting a rezone from Agriculture and Mobile Home zoning districts to PUD to be known as Saxon Manor Isles PUD. He said the project is proposed for a maximum of 250 affordable housing units on approximately 20.91 acres. He described the surrounding zoning and land uses, including agriculture and several mobile home p~rks, along with single- and multi-family homes within the Bretonne P~k PUD i~medtately to the east. He Indicated the subject site has a ~obtle home park consisting of 57 mobile homes and eight travel trailer pads on the northern 10.~ acres of the site. He noted Radio Road la currently being upgraded from two to four lanes, which will bring the level of service (LOS) on that roadway to LOS A. Planner Scheff continued, stating the CCPC reviewed this petition on July 1 and reco~ended approval by a 6/0 vote, subject to the following three additional stipulations; a Type "C" landscape buf- fering shall be provided along the perimeter of the site with the exception of widths, which will be 10 feet on the non-Radio Road por- tion and 1~ feet along Radio Road; recreational amenities shall include at a minimum a basketball court, a tennis court in the front of the project, a clubhouse and swimming pool near the front of the project, a recreation area In the rear of the project and tot lots to be placed at various locations throughout the project; revision of Stipulation "bb." of the Agreement Sheet with regards to road Impact fees, to be restated as follows: "Impact fees shall be 'addressed' in accordance with Ordinance No. 92-22 (or as it may be amended)." Plsn~er $cheff reported the CCPC also approved the Affordable Hcruaing Agreement for Saxon Manor Isles, subject to approval of a ~ter pressure test to insure adequate water pressure in the area, with the results to be displayed at this Board meeting. He advised the petitioner has submitted the water pressure test, which shows a Page 23 August 17, 1993 very favorable reading. He added he has also discussed this issue with a Fire Narshall for the East Naples Fire District who states water pressure is very good tn this area. Planner Scheff further communicated that the petitioner must pro- vide lnterconnecttons around the perimeter of the site in order to achieve the bonus density and be allowed 12 units per acre for this project. He said Staff ts recommending that tnterconnectton to Bretonne Park be eliminated due to the fact that Bretonne Park Is being developed with a landscape buffer strip. He stated project interconnects with undeveloped /ands to the south and west should be included In the proposal. He concluded with Staff's recommendation that the Board approve Petition PUD-93-4 and the corresponding Affordable Housing Agreement, subject to the CCPC's recom- mendations. Commissioner Volpe communicated hie concern with the proposed den- Stty of 250 dwelling units on less than 21 acres. He asked how this will compare with the surrounding area? Planner Scheff suggested the proposed density compares to the ~mlti-fmmily portions within Berkshire Lakes and Bretonne Park. Commissioner Constantine Inquired what the overall densities are for above named projects? Planner Scheff replied using gross acreages, Berkshire Lakes and Bretonne Park consist of four units per acre. Answ~ring Commissioner Volpe, Planner Scheff stated Osprey L~lldings, ~n affordable housing project In the area, consists of nine dwelling units per acre. He noted per acre, Endless Summer Mobile Home Park has 16 units; Blue Skies has 8 units; South Winds has 9 unite, Sunny Acres has 7 units; and Windjammer Village consists of 5 dwelling units per acre. Coatsstoner Volpe indicated the proposed density does not seem to be compatible with the surrounding area and asked how Staff arrived at the conclusion that this developer ts entitled to the maxt~um number of 12 llnita per acre? Page 24 August 17, 1993 · ( · .' .' : lnllti-fmutl¥ units within Berksh&re Lakes and Bretonne Park provide a comparable density to this proposal. Commissioner Volpe asked if an economic analysis was done, to which Planner Scheff responded in the negative. Comlisstoner Constantine referred to Planner Scheff's statement of receiving five letters in opposition to this proposal, and reported having received at least 25 letters opposed to this project. He noted the current site has had numerous code violations and it ts his ~lnderet~ndtng the sams owner is planning this development. He com- it~zli¢&ted his concern with awarding density bonuses to someone with that t~pe of track record. Ameistant County Attorney MarJorie Student advised that case /aw ia ver~ clear in prohibiting the Board from looking at the previous use to Judge the requested project. ATtorney David l~fnders, representing the petitioner, stated his client purchased this property three years ago with the intention of developing the site, and that its condition was much worse at that time. He said the current owner has replaced 10 substandard mobile homes, which are now again substandard because they are rented on a weekly basis, causing much wear and tear. He indicated the owner is now in the financial position to develop the property Into affordable housing. He introduced photographs into the record depicting the site &o it currently exists. Rerpondtng to Commissioner Volpe, Attorney R~nders stated they have done an economic analysis which indicates that developing this project at 250 units will probably be economically feasible, but a lesser ~unt will not. John Nad&J~kt, Project Review Services Nanager, called mttentton . to the proposed tnterconnectton of this project to adjacent undeve- lop~ a~rlcultural lands. He said a provision should be included within the &ffordable Boustng Agreement recruiting the owner of those properties to agree to the tnterconnectton. Otherwise, he said, this August 17, 1993 project will be developed with stubs that go nowhere, while the den- alty agreed to was contingent upon that interconnection. Attorney Rynders pointed out that the most his client can do is agree to the interconnection. He stated if the County decides not to require the lnterconnection, the base density allowed his client does not change. Attorney Ryndars emphasized that this project is not a rent- · ~lb~d~zed project and will not be operated by HUD. He said the ren- tals ara set according to the median income in Collier County, and the approxi~ate range of incomes per household will range from a minimum of $15,000 to $34,000 per year, depending on the number of bedrooms in the ~nit and the number of members within the household. He reported the alternatives for developing this property are few, and reducing the number of dwelling units will not make a better project, and instead will force the owner to construct a much cheaper product which will wear out much sooner. He also noted due to the concerns e~resaed that there will be too many people living in this develop- ~ent, they are proposing tn the Affordable Housing Agreement to limit the number of persons per household to no more than two per bedroom, with the exception of children under the age of two. In response to Co~missioner Matthews, Attorney Rynders advised that the average cost per unit for construction will be $5§,000. He sald the units will be rented per month as follows: 80 one-bedroom l~nlte w~th 500 square feet for $429; 60 two-bedroom units with 700 ~are feet for $506; and 110 three-bedroom units with 900 equate feet for $581. Commlsa~oners Constantine and Matthews expressed concern over the cost for constructing each unit which equates to $40 per square foot. In response to Commissioner Volpe, Attorney Rynders stated they ude the as~umption that impact fees will be paid and are included in the construction costs. Conissioner Matthews communicated according to her figures, this davalol~aent will consist of 181,000 square feet at $40 per equate Page 26 August 17, 1993 .foot, resulting in construction costs of 87,240,000, while the develo- peFte coat ia being represented as 855,000 per unit, with 250 units for a total of $13,750,000. Attorney Rynders stated the $40 per square foot for constructing the dwelling units does not include the recreations! amenities or the cost of the land, while the 855,000 per unit takes into consideration those coats. Gar-/, Butler with Butler Engineering, representing the petitioner, provided the Board with the results of the water pressure tests done in the area, concluding that there is no problem in that regard. He also provided a letter from Collier County Utilities Administrator Nichael Arnold which confirms those results and points out that meters within Blue Skies are undersized, which explains their pressure probleu. He noted for the record that the water management system for the proposed project will not Include the existing pond which Is currently used by the subject property and the adjacent mobile home park for drainage. Nr. NadaJewskt referred to Section 4.4.D. of the PUD Document, paragraphs (1) and (2) and Section 5.8.B., all containing reference to publicly dedicated easements. He asked that the words "publicly dedi- cated' be stricken from the document, which will make the language consistent with the Land Development Code. Mr. Butler Indicated the petitioner is in agreement with the above requested amendment. Bill Hoover with Butler Engineering, reported he has prepared a land use and density study as requested by Staff. He said the subject property is located within the center of the map, and analysis has revealed that the study area Is composed predominantly of multi-family ho~es. Be advised of the units constructed or approved for construc- tion In the study area, 52 percent are multi-family, 29 percent are single-family and 19 percent are either mobile homes or travel trailers. Be detailed a series of aerial photographs depicting the surrounding community. 38 Page 27 August 17, 1993 ~tr. Hoover referred to the request by the Planning Coamisston for co·~erclal-type screening around the entire project. He said the p~tittoner will agree in part to the request, but is proposing an alternative that places a significantly larger number of trees and shrub~ around the entire perimeter to Increase compatibility. He referred to a ~ap depicting the areas the petitioner will provide commercial type screening and those areas being proposed as the alter- native. He alas pointed out the PUD Document contains an agreement to put in an irrigation system around the entire perimeter of the pro- party, which ie not required of an affordable housing project. Jack Bach~ann, President of Suncoast Corporation, handed out copies of his re~ume and briefed the Board on his qualifications and experience tn multi-family construction. Comlseloner Norris inquired if this project involves any federal lnco~e tax cradtts for assistance tn financing, to which Mr. Bach~ann replied in the afftr~ative. The following person spoke regarding this item: 1~ Louise Donkeragoed Comissioner Volpe questioned if this project ts approved, when would construction begin7 &ttorney Rlmders stated the law requires that the owner gtve a one year notice to the people living in their o~n mobile homes, therefore, they hope to be~in construction in one year's time. Co,-~lssioner 8aunders stated the public hearing is closed. Co~lssioner Constantine asked how the limitation on the number of ·embers within each household will be enforced7 Dick Clark, Code Enforcement Director, stated if that criteria ts ~de · p~rt of the PUD Document, Staff will be able to enforce the provision. Oreg Mlhaltc, Affordable Housing Director, pointed out the peti- tioner ie including that criteria as an addendum to the Affordable Housing Agreement. :39 Page 28 August 17, 1993 Assistant County Attorney Weigel asked that any correspondence received by the Board of County Co~teetoners with regard to this ~... petition be ~ade part of the official record. Coateetoner Saundere noted the law requires the Board to recognize that any letters received have no Impact on the Board's decision on this matter. CoIlestoner Constantine communicated that many issues concern him, including the density compatibility, the possible interconnect problem, past code compliance performance and the baffling prtce per square foot for construction. He also noted that Radio Road ts one of the ~oat congested roads within Collier County and this would add aev~rely to that problem. He concluded that this proposal ts not In the best Interest of Collier County or the ~.ast Naples co,unity. ~J~ C~n~t~nttne ~ov~d, ~econd~d by Co~iaelone~ to ~ l~ttttoa Collseloner Volpe communicated he cannot support the action. He stated the evidence upholds each of the policies of the Growth Nanaga~ent Plan and the findings made by the Collier County Plaru~lng Coatsaton and race,ended by Staff. &satstant County Attorney Student advised the Board that the Staff Report contains the criteria necessary for either approval or denial. She said the action for dental must contain which of the criteria the Board is utilizing to support the dental. Coalssionsr Norris suggested that it is not in the best public interest to concentrate the high density affordable housing projects closely together, and this proposed development ts very close to Osprey L~n/ings. In response to Coutsstoner Natthews, Assistant County Attolmey 9tmdent advised Policy 1.4.1 of the Growth Management Plan's Housing [la~nt provides for Iow to moderate Income housing to be distributed eqllttably throughout the County. Therefore, she said the Board can ~ke a finding that this project may not be consistent with that · ~ policy. Page 29 August l?0 1993 ~~ ~mt ~1t~ 1.4.1 of t~ Collier C~ ~h Co~tsstoner Volpe co~ented he ts ~sure how a finding c~ be ~de that ~ffo~dable housing pro~ects a~e concentrated In Eamt Naples. ~. Nt~1tc stated it ~ould be ~a~d fo~ h~m to advise the Board t~t the~e ts a concent~atton of affordable housing tn Eas~ Naples, co~tty tn Collte~ Cowry ~hen the~e ts only one affordable h~stng p~o~ect ~de~ const~uctton tn ~he urban area. He said mlth~ other affordable housing p~o~ects have been approved, they not ~de~ const~ctlon at this time. Res~ndtng to Co~tsstone~ Const~tlne, H~. Hlhallc stated m~~ ~ffo~d~ble housing pro~ects include Osprey Landings tn the ~t R~ples P2~lng Dlst~lc~ ~d Bea~ C~eek tn the No~th Naples Pl~g District. all~ ~r ~/t; with the delett~ of the ~ it ~lata to the em~ts tn the ~ctt~ with mrctal ~ ~ffertng ~d the entire project ~ ~ ~tt~ habitat Answering Commissioner Volpe, Planner Scheff stated stipulations not add~essed tn the above motion are the recreational facilities as requeeted by the CCPC and whether road impact fees will be "paid" or Nad~re~eed" according to Ordinance 92-22. He indicated Staff has no proble~ with the recreational amenities as listed tn the PUD Document. ~, ~ ~1~ ~t ~ /~ct f~ will ~ ~td ~IN to Page 30 Cow~tssioner Constantine reiterated his reasons for opposing this petition, specifically, the proposed change will adversely Influence living conditions tn the neighborhood; the proposed change will create ;;ff'iO~ excessively Increase traffic congestion; and traffic deemed lncoa- ~tlble with surrounding area. ~'~" ~ &x4~ P.M. - R~couv~: a:O0 P.M. at ~tch t~ · , , et O'~ & tULLY ~TED iSX~A~aA~slt~FrAL 000 MBSAHIRTZ RADXO ST'OT~ UTXLXZXI~ TWEIFn,' ~ I'~BL:IC SEIqVICE/SPECXAL DiB3t~S3JCY JtADXO ~BIBJlLS X~SUKD TO COLLXKR COUITfY BY THE FKDKRAL COJOIUWXCAT'FOlrS ~ UIJD~lt CALLSX~I~ WNSK615 - ADOPTED Assistant County Attorney Wetgel presented copies of a draft reso- lution regarding the county's Intention of final design and lmplemen- '!'itatton of the 800 Megahertz System, adding that the Board gave Staff direction to proceed in haste to act to preserve the current license ari~ file for an extension of the program beyond the October 24, 1993, deadline. Comaleeloner Natthews asked if the Board of County Contestonere ~ould k~ep the callst~n ~NSK6157 ~otst~t Co~ Attorney Palmer replied that the resolution does ':';".not ~s the ~estton of consolidation or lack of co~oltdatton tn Its' preset rom, it ~uld Interject ~ Issue into the resolution t~t t~ not have a ~r~se and ~ay hinder the pro~ress of the deli- ~rattm of the Staff and the Pederal Co~tcattons 0oaisston ' (~}, addtn~ that it could be added into the resolution if the ~ard ~desi~ to do ' ~.'Pal~r re~rted that the consolldatton/~consoltdatton of the '~ · olllsi~s ts a ~tter of indifference to the FCC ~oatsstoner Constantine recalled that the Sheriff's Office s~ated t~t cmoli~tton ~ld end~er the status of the present license. August 17, 1993 Mr. Palmer reiterated that the FCC is indifferent to the con- ~olidatton, Cr~mtal Ktnzel, Sheriff's Off/ce Finance Director, announced that the Sheriff oupports the action of the Board towards a public safety co~1catton ~stem, adding that they have worked with the Cowry Atto~s office regarding some corrections tn the resolution there ~re ~ome l~age reco~endattons that were not incorporated, ~d the Sheriff feels these reco~endatlons are Important so that the ~C d~s not confuse the calls1~s. She stated that the Sherlff would ' reco~nd a ~rkshop with the Board of County Co--la.toners, the ~bllc Safe~ Co~lcatlons Cou~ttee and the Sheriff's Offlce to dts~ss what would be lost w~th the consolidation. C~ty N~ager Dorrlll reported that the pape~ork that the Board :,..~ P~t~Iy r~ested of the Sheriff's Off,ce had not yet ~ecet~, ~d he ~d the Cowry Attorney's office are pursulng the predation of the re. ired paparwork and vo~ed to meet the October deadline. Co~sstoner Const~tlne suggested that if the pape~rk re. ired ~' ~ of the Sheriff's Offlce ts not received, the County Attorney :~ p~e · ~bltc Record Re.est. A brief dts~s~ton wa~ held on the reco~ended lan~age. Assistant County Attorney Wetgel agreed to meet with the Sheriff's representative regarding language recommendations, assuring that he will be over-Inclusive as opposed to under-inclusive. Asmtmtant County Attorney Palmer announced that for the present tl~e the FCC has unequtvocably stated the licenses are licensed to Collier County, and to be licensed to the Sheriff's Office, they would :'~.hlv~ to be transferred to the Sheriff. ~ · COll~lSmtoner Volpe suggested adding a paragraph to the resolution c]lrt~tng that we are in the process of consolidation of those chan- nels. Nr. Palmer replied that such an expression of Intention could be .incorporated into the resolution. Page 32 August 17, 1993 Assistant County Attorney Wetgel commented that the best position · may be not to slx the consolidation of the call sign with this resolu- t/on. Contssloner 3aunders indicated that It may be a mistake not to follo~ the advice of the County Attorney's Office. Jack Pointer spoke on the subject. -~lllmtlsm~lT, to adopt l~molution 93-336. Page 33 AuTust 17, ~993 OUT I~I$ONE~S' - ADOFTltD Co~missioner Constantine reported that Stop Turning Out Prisoners ($.T.O.P) is a state-wide organization trying to address the problem of the setup of our prison system, adding that Florida has the highest cr~me rate per capita in the United States. He mentioned that ?O~ of the prisoners who are released early are re-arrested, re-tr~ed and sentenced. He cited the instance of two public servants ~n the Tampa · /'aa who were assaulted by a prisoner who was released early from the prison Pa~e 34 August 17, 1993 FEE #AIVER FOR CHARITABLE EVENT - APPItOV~) Commissioner Norris explained that a charitable fund raising event is being held for a seriously tll young man who resides on Marco Island and the participants of the event are requesting that the per- mit fee be waived. C4~llui~lt~ No~rts ~ovmd, seconded by Commissioner Con~tantine · ~d m~Tle~n~nimouml¥, t~t ~l ~rltt fee ~ watv~ ~d a~ ~l bl~off of ~t Strut on ~y, Au~st 29th fr~ ? A.M. to 12 ~(2~) DZ~Z~ ~ ~~G 0~1~ 93-36 TO ZRC~E NZ~ - ~ ~ ~ ~ ~ DZS~8 ~ AZ~RT A~ORZ~ OR AU~ ~0, 199~ Administrative Assistant to the Board Fllson reported that the County Manager's office informed her, that unless specific direction is g/ven to Board Minutes and Records to take minutes for this advi- sory committee, they would not. Commissioner Matthews noted that this Is an important committee, and pointed out that tn the creation of the ordinance the proper wording requiring Board Minutes & Records to take minutes was omitted. Assistant County Attorney Wetgel replied that the Airport Authority is to be a funded authority and once it has a budget, they will pay for minutes. He recommended that the Board authorize a method for the Interval period so that minutes can be taken. County Manager Dorrtll reported that the Airport Authority met on August 16, lpg3, stating that his office is providing the Interim ml/ppo~t until such time as they present their own budget to the Board of County Commissioners, adding that if the Board requires a sst of minutes, the Clerk's Office will need direction, then the proper Budget amendment will be prepared. Dwight Brock, Clerk of Courts, replied that it ts his Page 35 August l?, 1993 understanding that the Airport Authority requested his presence at their next meeting on August 30, 1993, to discuss the involvement of the Clerk's Office. He indicated that he will be happy to discuss the services of minutes, but he is concerned with the safety of his employees who may have to travel to outlying areas of the county at night, adding that he will work with the Authority in order to &ccouodate them. Coutssionsr Matthews pointed out that service would have to be p~ovided for six to nine months until the budget is established. (~t~?) !~O~ 9~-S38 RE APPROVAL Or THE covsl"r ~%NAG~X'S IXPI~rZ)~m~ Commissioner Saunders clarified that approval of this agreement does not guarantee savings to the county, adding that there are other reasons for approval to the agreement. Dwight Brock, Clerk of Courts, requested clarification on e number Of points in the agreement. Mr. Brock questioned Section 4 of the agreement, stating that the cap for vacation is set at 360 hours, referring to a letter addressed to the Chairman (copy not provided to Clerk) which provides for a IlXllttl of 240 hours, and requested clarification. Colmiseloner Constantine reported that Human Resources has stated that exceptions are made for particular personnel in certain cir- cu~sta~ces, however, the old contract provided for 360 hours. In response to Commissioner Matthews, Mr. Brock replied that the general provision is 240 hours, but there are provisions in the per- sonnel policy for exceptions to be made. Co~lissioner Uolpe suggested inserting "vacation that exceeds a cap of 360 hours". Mr. Brock agreed to that clarification. Mr. Brock questioned Section 3 of the agreement, noting reference to the Consumer Price Index, noting that there are many consumer price Page 36 August 17, 1993 ~ndsxes and asked which Index the Board wishes him to consult. County Manager Dorrtll Indicated that Commissioner Constantine ~ntended to use the Department of Labor statistics, noting that there are three that would apply; national, the southeastern composite and the Miami composite. Cosu~isstoner Constantine clarified that his intent was to uae the national composite of the price index of the All Consumer's published b~ the Department of Labor annually. Mr. Brock requested that the agreement clearly define whether the attendance incentive plan ts applicable to the County Manager as it Is to other county employees. M~. Dorrill responded that any provisions given to county eBployees would apply to the County Manager. Mr. Brock, referred to Section 6 and inquired whether the County Marlmgsr should be paid for attending the International City and County Mallagers Association (ICCMA) and the Florida City and County Managers Association (FCCMA) seminars only, noting that any others would have to be approved by the Board and that under no circumstances would the County Manager be paid for the use of a vehicle. Mr. Dorrlll expressed h~s understanding of that provision; stating that the Board would specifically pay for membership to those two pro- fesstonal organizations and the associated annual conference, but membership to any other professional association would require appro- va~ of the Board. Co~tiseloner Constantine remarked that hie intention would be that for out-of-county travel the Manager be treated as other county employees. Commissioner Saunders suggested that the language tn that section should be that the reimbursement would be pursuant to Florida Statutes which provides per diem and mileage, noting that the language In Item ¢, Section 6 should be deleted. Mr. Wetgel agreed to reflect this change. Page 37 August 17, 1993 Mr. Brock asked if there are any approvals required for out-of- countF travel? Co~tssioner Matthews replied that pre-approval is necessary for any other than the ICCMA and FCCMA. County Manager Dorrtll stated that was not his understanding, adding that he always notifies the Chairman of his travel plans, whether personal or professional. Co~lssioner Saunders agreed that the Board should approve out-of- state travel. Mr. Brock questioned who ts designated to sign off on time sheets? Mr. Dorrtll replied that department heads are designated to sign off on employee time sheets, noting that Mrs. Pedone, Office Manager, ~alntains the time sheets in his department. Clerk Brock concluded that all the issues have been covered. Commissioner Saunders requested clarification regarding Item E, Section 5. County Manager Dorrlll replied that this item may have been a required condition as a result of the situation regarding the prior county ~anager. A brief d/scusslon ensued regarding inaccuracies in the report ~rspared by the Clerk regarding the County Manager's salary and bene- fits. Clerk Brock stated that the last paragraph of his report emphas/- zee that there are differences, based on certain assumptions that may or may not come to fruit/on. Ck~/mt~new ~rris ~oved, seconded by Co~lsstoner Matthew~ ~nd c~rtedm~t~ousl¥, to approve the County ~nagar E~ploy~ent ~t ~d that ~proval of this ~gree~ent repeals/~uper~ede~ the ~F~l~~t, theFeby ~dopting Resolution 93-33e. Com~lss/oner Volpe noted that this agreement will become effective on September 15, 199S, which ts the date set to coincide with the ~mbltc hearing to repeal and amend Ordinance 84-44. He recalled in s previous discussion it was stated that the County Manager's respon- ~age 3~ August 17, 1993 mtblltttes are embodied in the State Statute and he believes that the Statute must be adopted in order to set forth the duties and respon- mJbtltttes. Commissioner Saunders directed &sststa~t Attorney He/gel to prepare a~ Ordinance that adopts State Statute 125.174. C~m/mt~n~r Volpa e~ved, ~e¢onded ~ Coati. loner Rorrt~ ~d c~M ~~1~, to direct the Cowry Attorney to t~e a~roprlate ~t~ ~ ~t~ t~ ~tton of the appropriate pr~tst~ of Page 39 Aurar :17, 1993 C(~ICATXONS Co.missioner Saunders directed that the Bay Management Organization be added to the agenda of the Joint city/county meettng. i?. ':.. &d~tniotrattve Assistant to the Board Ftlson reported the Collier %/~C~mty/Lee County meeting will take place on October 7, 1993 at 9:30 'A*M., location to be announced. Aoaletan~ County Attorney Howell presented the Board with a number possible dates on which to hold public meetings on the noise ordt- with the Board choosing October 6 and October 20, 1993. ~e] 0/O, t~t t~ tallying tam ~er t~ st ~ ~TN~TION AND MAINTENANC~ A~REEM~NT OF 'MAIL ~ AND H= - NITN TH~ STIFULATION~ A~ F,I~T~D IN C~NSTI~UCTION AND M~I~C~ A~I~ENENT OF '~UAIL ~EST AND F= - NITR TH~ ~TIFULATION~ A~ I~I~fED IN RECORDED IN OR BOOK/~/ B PAGES c~_~.--~o~"-- ~-~ ~F/ ~ 9S-eS4 I~CORDXN~ TH~ FINAL PLAT OF =I~I~RI~T ~ - NITR T~ ~F~IN~tT~ ItS LISTED IN TR~ E~CUTIV~ ~ Page 40 See Pages NOTE Document not provided to Clerk to Board Office as of 10/25/93 FROM/Z~ TO PAY JOID FOR ~ MID ~, 11C. See Pages ~ WI'TH RADIO ROAD JOINT VE~TURK TO PROVIDE R.EIM~U*~I~ FOR ~OMOIP POTABL~ MATER &lid SANITARY SEWER LINKS Oil' &VEllUM 13IT~I IAPLKS PROD~CTIO~ PA,RXJtI~ICIPAL SKRV/CK TAXII~ AJlD BIIBIPI'I'~- 1*ITl lB AMoolrr or See Pages ~'~'* TH~ coJr2~lfl;ZJM COBTR&CTS FOR CORSUr, T~ 01-1712) US/TH: AGIIOLZ, BARBER AND PEZKSllEAR AJlD JLSSOCZATKS, TRC.; B&RANY, SCHMZT? MID ~, IJl~.; GOR&, 14C~ ASSOCTATKS TI( JLRCH/~, DTS31KY AND ASSOC];ATKS, P.A., I~)RMKRLY KXC:)M~ AS 3..~, ARCHrrl~o P.A. 1993 The following miscellaneous correspondence was flied and or referred as presented by the Board of Co%tnt¥ Commissioners: Page 42 August 17, 1993 1992 TAX ROLL ".....*;' 146 06/29/93 2992 TANGXBL~ PEIq~ONAL 1992-156 07/28/93 IITR& Ifd3l T331i FOR TNMATE Jr0~. 80146, 72428, 35957, 83518 ~ 63603 LID FOR S~NVZC~ OF THE PUBLIC DKFEND~t ]1~~-~ JkI~T~OV/N~ TH~ ~ATI~FACTION OF LI~ FOR CB~TA~BJ THAT HAVE PAID IN FULL TH~ 1991 See Pages There being no further business for the Good of the County, the meeting was adjourned by Order of the Chair - Time: 6:05 P.M. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S} OF SPECIAL DISTRICTS UNDER ITS CONTROL BURT L. SAUNDKRS, CHAIRMAN '1 by the Board on or as corrected Page 43