BCC Minutes 08/10/1993 R Naples, Florida, August lO, 1993
BI R~MEMBERED, that the Board of County Commissioners In
of Collier, and also acting as the Board of Zoning
the governing board(s) of such special districts as
&ccording to law and having conducted business
i~ on this date at 9:00 A.M. in ~G1]LA~ SESSZON in Building
Qovsrn~snt Complex, East Naples, Florida, with the
present:
CHAIRMAN: Burr L. Saunders
VICE-CHAIRMAN: Timothy J. Constantine
John C. Norris
Michael J. Volpe
Bettye J. Matthews
: John Yonkosky, Finance Director; Sue Carney,
Ellis Hoffman, Deputy Clerk; Nail Dorrill, County
H~/'gstt, Assistant County Manager; Ken Cuyler, County
t/Dmve Wsigel, MarJorie Student, Thomas Palmer, Richard
A~sAst~nt County Attorneys; Tom Olliff, Public
~%Aetr&tor; Ochs, Administrative Services
Leo
~O~; MAke Arnold, Utilities Administrator; Ken Pineau,
Director; John MadaJewski, Project Plan Review
Don Hunter; Crystal Ktnzel, Sheriff's Office Finance
McNees, Budget Director; Dick Clark, Code Enforcement
i~reg Mlhalic, Affordable Housing Director; Barbara
Planner, Long Range Planning; Sue Fllson,
Assistant to the Board; and Deputy Byron Tomlinson,
Page 1
to ~ th~ ~4~da with th~ changes u
Page
August 10, 1993
of approval of the consent agenda is noted under Item
II:I~3LAR MB:IT/BO OF ,7~.Y 07, 199:3 - APPR:OVID
:llmn/mouoly, to approve the )itnuteo of the Regular lleetlng of
d°ner 9aunders acknowledged Service Awards for the
County employees:
San~one
Potter
10 years
5 years
5 years
5 years
Utilities
Parks & Recreation (Not Present}
EMS
Ut t 11 t les/Wastewater
&U~OBT 16-20, 2t93 AS II&TlR POLLUTION CONTROL
the Proclamation, 0ommloeloner Volpe moved, seconded
~nstentlno end carried unanimously, that tho procla-
August lt-20, 1903 u Muter Pollution Control
be &dopted o
Utilities Administrator, Tim Clemons, Wastewater
N~, Utilities Director, representing the water
operators accepted the Proclamation.
Page 3
August 10, 1993
9&-&07 ~ 9S-414 - ADOPTED - REPO~T ON BOD~ET
TOg P~T~DTO BCC
D/rector Yonkosky requested adoption of Budget Amendments
a408, 93-409, 93-410, 93-411, 93-412, 93-413, 93-414 and
i~oner Matthews questioned why funds from Personal Services
B~v~d into supplies and ~tsrlal.
lrector ¥onkosky ex~latned thst this is common practice,
the end of the fiscal year whenever there is a
~nde 8re taken from areas where there ts an excess.
',eetoner Matthews stated that if over-budgeting ts taking
end of the year, she would like to see the areas of over-
Budget Director, declared that reserves are only
"Lest resort, and if funds are found available from some
that would be the source of funding. He verified
ehow budgeted versus actual Personal Services expen-
whatever ie left at the end of the year goes back Into
Matthews asked which numbers, actual or budget, would
tho auditor's report, the amount budgeted last October or
this change?
Director Yonkosky responded that tn the past, what has
to the Board is the ending budget versus actual expen-
that the State Auditor General ts suggesting that the
)Feeented with the beginning budget, the originally adopted
.lficettons to the budget and then the actual expenditures.
Loner Matthews remqrked that she would be satisfied with
LOner Matthews Inquired about Budget Amendment 93-417,
/.
moving $3,000.00 from personal expenses to operating
Page 4
August 10, 1993
this was overtime for one employee for two
replied that the operating expenses are being reduced
the overtime line, adding he assumes that the overtime
b~en consumed and this is to increase the ability to pay
,o~er l~tthe~s pointed out that paylng 83,000.00 tn over-
W~ek~ might bring up the possibility of hiring another
:;that department.
i!Dtractor Yonkosk¥ indicated that he would provide a report
on Budget Amendment 93-417.
~oner Saunders suggested that Budget Amendment 93-417 be
the meeting of August 10, 1993.
that B~d~t Jt~endmente 93-40? throu~ 93-414
Yonkosky requested adoption of Budget Amendment
93-41.
that ~t Im~m~ment P~olutlon 9S-41 b~
Page 5
August 10, 1993
. Saunders began the interviews for the Airport
ii."8tattng that the candidates w111 be broken up into two
the names of the candidates in the first
Lng that all the candidates, except for those being
into the hallway and when speaking limit the tame to
their presentation.
People gave a description of their background and
.'"'~ Edward R. (Rudy) Bios
ght Steven D. Oyer
[.')grOup of interviews were held later in the meeting at
were ·ads to the Airport Authority.
~20 'for R'eh'olU~tOn 93~327
Jat'oner Saundere announced that all of the amended ordinances
at this public hearing with a separate vote on each
to oem~ot · public
'Affordable Housing Director, presented the amended
fallow the S.H.I.P. Program funds to be used to
fees for owner occupied first time home buyers
Page 6
August 10, 1993
ri~irovtston mader the ordinance, adding that the ~lortda
'Agenc-~ determined that th~r~ ~r~ ~ctton~ of th~
that were dt~criminatory. He said the section of the ordl-
re~Uiree 70X of income to be earned from gainful employment
has been removed, and changes to the ordinances to
.H,I.P. funds are used to waiver or defer impact fees for
, when the home buyer pays the deferral back that money
~i the Collier County Affordable Housing Trust fund, rather
general county funds. He added that additional changes
in.the near future by the regular public hearing process.
provided a memo from the Collier County School
stating that the Collier County Kducational Facilities
Fee Ordinances have been .amended to comply with the rest
i~a~=es and they are in agreement with these changes.
leloner Matthews asked if the changes are made and the
)ted, will the 92/93 funds be made available and will
,any.problem rolling over the funds into the budget for the
year?
replied that the funds will be made available and will
quickly as possible, hopefully within the first six
fiscal year.
. to Colissioner Matthews, Mr. Mihalic answered that a
~:1~ will be in place within 45 days.
onsa:to Com~issioner Volpe, Mr. Mihalic replied that the
can not be used for impact fee/waivers for rental
[halic explained to Commissioner Volpe that the Interlocal
Collier County and the City of Naples addresses the
}~:the S.H.I.P. proart.
Attorney Yov~ovich added that the agenda package
fainor ch~es that would allow the Board to set aside
g homes as well as new homes, adding the ordinance
· to keep that language in effect.
Page
"~:')eoPle spoke on this subject:
August lO, 1993
Don. Gerald Silber
.'Comatsaloner Saunders, County Attorney Cuyler
~.~ ~, '
Board has the legal ability to budget/pay back over a
Matthews revealed that she has heard that other coun-
"Ida are deferring/waiving impact fees and the county
..not paying the fees and questioned how they are doing
y Attorney Yovanovtch replied that the other coun-
.:th ® ordinance that the deferral/waiver will be granted,
the payment for now, how=vet, the funds that are
~ust be accounted for eventually.
to.Contsstoner Saunders, Mr. Mthaltc replied that he
it':WOuld be better not to have the County reimburse the
funds for the waivers/deferrals that they grant.
Volpe questioned whether our Affordable Housing
what type of community support Is available to an
project that is already started?
~rs closed the public hearing.
Saunders stated that a motion must be made on each
~sionsr Saunders request, Mr. Yovanovtch read the propo-
the repayment of deferred/waived impact fees,
,roved the proposed language would have to be
brdinance.
NOrris asked what the proposal ts for the amount of
these deferrals?
'' Saunders replied County Attorney CuYler stated that
Our or five years would cause him concern.
Norris expressed his concern that if there were an
f]deferral requests each year, after four or five
Page 8
August ~0, ~993
*deferring an entire years worth and not funding it
OPriats account, which would still cause a funding shor-
in time.
.Volpe emphaBized that this is an emergency meeting to
I.P. funds.
?~Matthews declared that she is not adverse to
a period of time but would like to know the effect of
,,%,~fore it is made.
Saunders remarked that it seems as though the
Board does not want to consider the proposed new
this ties.
t~at Ordinance 93-49 a~en~tn~ Ordinance 90-~7
· e~to~al Se~mr ~F~te~ X~act Poe Ordimance be a~opted
Volp~ ~ove~, eecou~e~ b~ Oo~tsalo~r Watthewm ami
y, that Or4t~ance 93-50 ame~itng Ordt~aace ~0-~ as
~ter ~y~te~ Impact I~ Ordinance be
O~di~ce Book 63.
·orris ~ov~d, ~co~ by Oommissio~er Iorrts a~{
that Ordinance 93-51 a~dln~ Ordinance lO-9? u
Slmte~ Xs~act Fee Ordinance be adopted and
Book 63.
liatth~m ~ove~, ~ecom~e~ by Cosalesloner ~orrte and
¥, that Ordtnauce 93-52 ~tn~ Ordinance 88-96 u
smd ~ecro&ttonal Feciltttea I.q~ct Fee Ordt~ce be
into OrdinAnce Book 63.
)latthe~ aov~d, ~ecom~ed by Commiuloner Norris an4
that Ordinance 95-11 amendln~ Ordinance 91-71 u
t~mm~m~~tc~l ~ervtcee ~tem Impact lee Ordinance be
into Ordinance Book 63.
~mrrle moved, eeconded by Commtaaloner Volpe and
that Ordinance 93-54 amending Ordinance 92-22 u
~ 9
into OrdLnance Book 63.
Matthews directed Staff to address the issue of
:he payment of deferred/waived impact fees only for affor-
purposes, and the possibility of funding that deferral,
~ort. on what effect that would be on the budget hearing pro-
'~*~l!owtng applicants were interviewed at this time: Ernest
Williams, Hilltam Dunnuck, George Barton, Sr.
M..c. Cltntock, John Humphrey, Richard Soltow, Jr. and Krtstopher
Sanders ~no~ced that Messrs. Farrln~ton, Ratter
wtthdra~ their applications. He noted that Messrs.
~o, Ot~elbeck ~d Lee were ~able ~o attend the meeting,
.-..) ,.
'/are. desirous of bein~ appointed.
~lotlon of tnterviewin~ the applicants,
Page lO
August 10, 1993
TO I~P~JECT ALL S~LED BIDS RKCEIVED FOR C09~NICATIONS
~I~TA~E SER~I~ FOR A COUNTY-WIDE 800 MHZ ~h~DIO
BIDS UJECTKD
'net Saunders announced that this item will be heard in
iith Item #llA.
Don,Hunter stated for the record that there is an issue
the license control and whether he is appealing a per-
;he Board and the FCC that the licenses were issued to
~'P~.'He divulged that he is not appealing to the FCC for any
license face.
.~H~lnter advised that he has recuntly made attempts to
the record, the status of the license and address an accu-
had fraudulently completed an application or misrepre-
He noted that the FCC has indicated that it is not
"that any sort of fraudulent practice has been committed
:f's Office, the Sheriff, or any of his representatives."
H~lnter remarked that he has not made any statements per-
cost of the radio system. He recalled that he provided
w~th information published by the Florida Department of
Services Division of Communications that it is there belief
~0h'ia",s~stem, configured to accommodate all the public safety
"cOllier County, would cost approximately $15 million.
explained that a committee was formed in 1990 to
~e~ue. He stated that the committee was composed of Fire
and the Sheriff and recently added a represen-
ro~:Purchaslng, the County Attorney and Commissioner
[~6,'. He revealed that the recommendation before the Board is
ico~ittee and not the recommendation of the Sheriff.
iH~n'ter cited defects in the process, noting that origi-
process was intended and not a bid process.
~H%Inter recalled recent action of the Board to seek a
call signal for the licenses currently issued. He
Page 11
August 10, 1993
to move slowly in this regard as it has been
by the FOC that this could cause the County to lose
He ~uggested that the slow growth extension be pursued
the Sheriff's Office and the Board of County
.Commissioner Constantine, Sheriff Hunter replied
tng to obtain a clarifying statement from the FCC as to
.!!~iewing the application and what his responsibilities
~licant, versu~ the responsibilities of the license admi-
;ors,*and who is the license administrator if the State of
constituted under a certain type of government. He indi-
As not appealing nor pursuing an administrative hearing.
li~er constantine called attention to the Executive
to Item ~lXA, Page 20, reflecting the recommendation
He pointed out that the County Attorney, Purchasing
ihimSelf were not present at that meeting.
ll°Win~I persons spoke with regard to Agenda Item #8E1 and
lie Jack Pointer
Services Administrator Ochs advised that in an
with directives of the Board, staff is recommending
~deratton be given to rejecting the bids previously solicited
~'s Office for the technical advisor assistance. He
.this would provide the Board with the flexibility and
interview and select the qualified candidates for this set-
out that the Executive Summary outlines the
~ethods available under the Purchasing Policy.
He
a process standpoint, it is important to develop speci-
a solicitation process as opposed to vendors pre-
..proposals directly to the Board. He cited that this
terms and conditions to be clarified. He recom-
Page
Au~ust 10, 1993
Coutsston utilize the solicitation process.
'Ktnzel*,'.Shertff's Off/ce Finance D/rector, recalled that
solicit Requests for Proposals was presented to
She reported that it was discussed and recommended to
process tn order to negotiate with the contractors and
~e Conversations that may take p/ace. She noted that
on and it was the full Committee's
:o.'.go this route.
that Henkels & McCoy was notified that they were
tdder,.however, the final selection ts at the Board's
explained that the Sheriff's Office used a list of ven-
d. Division of Communtcation~, authorized list, and adver-
.d~:'wae also pub//Shed tn the newspaper.
c/ted that it appears that it would be in
of everyone involved to wipe the slate clean and
g Department develop an RFP.
ensued between Commissioner Constantine, Sheriff
Klnzel with respect to notification relating to the
btda on July 16, 1993.
'er Dorrtll recalled that a technical expert was to be
~prep~re'an engineering bid and specification that would be
,adi0 vendors and manufacturers who would submit sealed
:a'. technical specification.
s~°ner Volpe remarked tha~ Lee County has an 800 ~z System
~Whether the process that was undert~en ~ncluded h~r~ng
to develop the
's Office Purchasing Manager, advised that the
temthat was purchased in Lee County was not bid. He
was a sole source acquisition and originally
:a. lease/purchase agreement. He remarked that Motorola
recommended that the Board reject the previously sub-
Page ! 3
August lO, 1993
.bids. and direct staff to proceed with the formal pro-
~citation method either under the RFP process or a multi-
~bidding scenario.
_C~n~tantine ~v~, ~econded by Co~lasioner Matthe~
¥, to reject all bidm received for co~-
ualatancs services for a County-wtd~ 800 Mhz
Matthews stated that the Board's original desire was
RFP looking for qualifications of a technical advisor to
~n of the system. She suggested that the Board
direction.
~to Commissioner Matthews, County Attorney Cuyler
regard to meeting the October deadline for sub-
~*'i'annual reports to the FCC that were not previously filed,
~f{~iS in the process of forwarding the pertinent information
daY or two.
Huz%ter.].reportad that his office is working with the County
in preparing the slow growth plan extension for
~ioner. Saunders indicated that the Board will be looking to
Attorney and the County Manager in cooperation with the
'.$ffice to ensure that the reports are filed in a tamely
the licenses are protected.
*ioner. Saunders remarked that perhaps the County Attorney
and present same to the Board on August
g. to an 800 Mhz system, to satisfy the FCC.
remarked that he will work with the County
;off ica'relative to the drafting of a resolution.
g.Director Csrnell advised that the Board has made a
eot the. bids. He questioned whether it is the Board's
the competitive negotiation procedure, or another proce-
!a~a within the RFP process. He recommended the RFP pro-
included which would provide the ability to the Board
~riceland qualifications at the same.
OC,.O 25
"'"~ ...: , ~00 PAGE
Page 14
Was heard in conjunction with Item #8El.
Volpe ~ed, seconded by Co--isotoner Matthew~ ~md
~~ ~~ ~8~., ~q~ A 22
A~ 402 W. ~ ~, ~~, ~~ - ~~
having been published in the Naples Daily News on
; as evidenced by Affidavit of Publication filed with the
was °pened.
leh stated that the petitioner ts seeking a variance
front yard setback and landscape buffer tn order to
addition to the existing office building.
Sudah Indicated that no correspondence has been received
this petition. He noted that the Planning
thio petition on July 15, 1993 and by a vote of
'aPproval.
speakers.
'~mie~o ~nmmaced tlmt the public h~lag is closed.
to ~ Ntttt~ V-93-11, t~rs~
r: i'7,
Page 15
AUgUSt 10, 199S
**':1:15 PoN. - l~co~vwn~d: 2:00 P.N. at ~htch tim
I.~retar~ Carne~ replaced Deput~ Clerk Hoff~an e,,
OF COUNTY I~I~AG~R CONTRACT - CONTINU~D TO AUGUST 17,
Attorney Cuyler explained that the discussion the Board had
~ted into the County Manager Employment Agreement, and any
were in the previous contract were not changed, re-
OtherWise discussed were carried over Into the
Constant/ne reported that there appears to he one
question.
Robin.Doyle, representing Mr. Dorrill, acknowledged that
'the conditions of the revised agreement with one
~the'~coet of living increase, which has been agreed to by
rle:,*rec&lled that in all the drafts of contracts he has
i~he:',date of the cost of llvtng increase was effective on
year. He stated that under Commissioner
the Manager would not receive any cost of
a two year period bscause his last cost of living
tvs May 1, 1992, therefore, his next cost of living
dlbe effective May 1, 1994.
'~e. Pointed out that it was mutually beneficial for both Mr.
County to re-negotiate his contract because it cleared
and reduced the cost of the County Manager's
'as the negotiations have developed today, the
r~ie',being asked to take a "~ubstantial financial hit"
:~Warranted. He referred to a proposed budget for 1995/1994
/~October 1, that provides that all employees will receive a
increase, effective October 1, adding he believes
.
?~e* fair for the Manager to be treated in the same manner
to.
Page 16
~i~(i.i! Augl/st 10, 1993
.O~er;~Conetantine advised that in August 1992, Mr. Dorrill
~w and a 4% increase, Which was retroactive to May
of hire; and for fiscal year 1993, County Manager
a $780.00 increase as did all other county employees;
"r~view for fiscal year 1994 would not be due until
i~:thereby ~aintaining consistency with all other employees.
Dorrill co~ented that the system had been changed
~.~tA1 then a Pay For Perform~ce System was in place
:eived one of several amounts based on individual perfor-
~ertt evaluation for the present fiscal year and in the pro-
'forilthe'coming year there is a cost of living increase to
October 1.
Volpe remarked that it was his opinion that the Pay
' .System was cancelled for fiscal year 1992/93, and
mplementation of pay increases coinciding with an
~nn~vereary date was being accomplished, hut did not
ihe~e'im a policy regarding when an employee ia eligible for
~ea~a ~ :~'-.
'co~unicated that this item ia not to discuss policy,
~pecific termm of hie contract.
Saunders reported that the total amount of a 3~ cost
:reaee for Mr. Dorrill would be $2,000.O0.
se'to Commissioner Constantine, County Attorney Cuyler
he does not recall discussing the timing of an increase
iof .' the..proceedings.
~eioner Volpe said that the policy decision should be
day.
i ConStantine disclosed that the Board would like the
Consistent with the policy of all employees.
Volpe and Commissioner Saunders agreed with
Constantine.
~ne~ Norris ~uggested that a vote be taken on whether the
~;' ' '" Page !?
.!
Aug'uet 10~ 1.993
~ffective October X.
Volpe questioned whether something could be done to
the Increase is computed for the current fiscal
compromise?
told the Board that there would be no objection if the
~-,L ': -.'. -
,i.nn. ing October ! this year is computed on the Manager's
lalarY.
Saundere maintained that there are two choices;
with the agreement regarding the effective date
.Ordinance ts amended, therefore, it may be advisable to con-
until the next Board of County Commissioners meeting
/can be taken on the agreement as presented.
Oenstanttne ~ov~d to comtinus the item to A~t 17,
was held on what date the item would be heard.
Norris reiterated that the problem should be settled
confirmed that the only point of contention i8 the
th. cost of living inet.asa.
~derm secon~ the ~otton on the floor.
'.fOr th~ q~estton, the ~otton carried 4/1 (Co~alesioner
~atthe~ left th~ ~ettng mt this ti~e **e
POR U~ A~ & PORTION OF THE GOLDKII (lATH ~STATE$
PARE - J~"ziOv=u WITH ~TIPULATION$
[SStoner Constantine declared that because this item has been
y and agreed upon, he would approve the Item as pre-
ex-vices Administrator Olliff commented that there are
.to be approved; authorizing the Chairman to execute
~ment for the last park parcel; and in order to use
Page 18
//~'~/~ ~ AUgUSt 10, 1993
Board of County Commissioners should formally approve
:hat:,thia is a two-part park. He added that Staff will
th'iManagement Plan and provide clarity to the issue of
in the Estate area.
.oner' Volpe voiced his concern that the seller must provide
.ng, Real Property, confirmed that is a negotiating
purchase a title commitment on the property
.le~ing the sale and prior to closing on the property a
.tment 'will be issued, adding that there is no problem with
./kt is only a stipulation added by the seller's attorney.
..Volpe stated that it also provides that if there is a
~he title of the property, the BCC will assume the
yJof c~rrecting the title problem.
Dowl%ng suggested striking that langUage from the addendum.
ets spoke on the subject.
norad, ~econded by C~i~er Vol~.
~~ to ~te t~ ~c~e a~~, to
p~k-~t ~ to direc~ Staff ~o
was held on whether the comprehensive p~an should be
by the Department of Co~nity Affairs before
Volpe ~ggested adding l~age "that the contracts
upon obtaining a Comprehensive Plan Amendment".
~o Co~issioner Sanders, ~blAc Services
~Oll~f replied that he does not have a problem with
~a~e, but no const~ction w~ll began without the ~end-
~ that the sellers may have a problem with a con-
Page ! 9
August 10, 1993
[.~"OF BIOXIDE FRO~ DAVIS WATER A~[D WASTE I]~D~TRIES, INC.
Cq]~f~tO~ OF ~ ~Uf,~"~DZ ODOR AT ~ SOU'I'H COUITTY ~GION.~Z~
;TI[~tT~]~Ff FAC~LIT~ - AP~OV~D
Ttm:'clemons, Wastewater Director, indicated that this process was
the Board in January of 1992 and permission was given
it at that time, therefore, the bid process was waived and a
,order issued. He addsd that the process is effective and
Continued use in lieu of bidding.
'to Commissioner Volpe, Mr. Clemons confirmed that the
t~'-$111,000.00.
S~underm mo~, ~econded b~ Co~tmstoner Constantine,
the c~ttnu~d umm of Bioxl~ for contro! of Hydrogen
w~tve the purchasing polic~.
.UP0n Call for the question, the motion carried 4/0 (Commissioner
F~-g3-4~ DAVE RYNDEItS, ATTORNEY R~PR~SENTING SUNCOAST CORP.,
Ai~A"~I~ FRO~ "A" ~ "~# TO PUD TO BE KNO~NA~ ~tXON
~X~FUD FOR A MULTI-FAMILY AFFORDABLE HOUSING It~]~TAL PROJECT
OF AMAXIMUM OF 250 UNITS FOR PROPERTY LOCATED ON THE SOUTH
OF RADIO ROAD - CONTINUED TO AUGUST 17, 1993 AT 1:00 P.M.
A discussion ensued regarding the fact only four members of the
iB0ard are in attendance for the public hearings scheduled.
~~me~ Volpe moved, ~econded by Cm~sstoner ~t~tt~, to
~93-4 to t~ ~tt~ of A~t 17, 1993 tO ~
~*;:f~ ~ ~tt~, t~ ~tt~ c~rt~ 4/0 (C~t~t~
~'.'~ ~I~ ~ ~~ T0 CO~I~ C~ ~
Utilities Administrator, explained that this item
the issuance of enforcement notices in terms of the
August 10, 1993
~g sewer connections to be made to the east and south Naples
~.mt~m. He stated that the notices must be sent to those custo-
Wide,have not made connection to the system and/or have not made
to pay the impact fees associated with this prelect.
MrJ'Arnold informed the Board that Staff is Investigating a
rdmh~p ord~n~ce as d~rected, however, these not~ces w~11 be
Volpe asked regarding impact fee waivers for existing
,:if there is an opportunity that the S.H.I.P. funds
.ectlssed earlier may be used for those who qualify for affordable
based upon the income of the occupant?
Orag Mlhalic, Affordable Housing Director, replied that he does
thtr~ the funds could be used for th~ impact fees, but might be
'assist in the plumbing fees connected with the hook-up.
~C~tt~mionm~ Morris moved, ~mconded by Com~ismAonmr Volpm mhd
4/0, .(Comm/m~ionmr Mmtthewm out), to approve the ~ailtng of
Page 21
~'~'~ -/ Augl,/st 10~ ,1993
~~:~T~ ~ D~LI'VERY A,~D USE 0F A"RE~TED t~lt~'/'E~A'l'~ E~.,UEIT/' FOR
:"Bi~A~'. X~t/:g~1'"XO~ WX'I'"B T.,~LY RESORT AND LELY CDD - APPROVED
Co~t~issioner Volpe stated that a client has an Interest In this
,ktherefore, he will abstain from voting.
Nike Arnold, Utilities Director, stated that this item relates to
re.mining effluent agreements that are required to meet the final
grant requirements, one is for Lely Resort and one for
~Am ~ov~d, ~econded by Co~tutoner S~m~ders and
· /O, (~tulon~r Paatth~e~ out and Ccmmtset~ner Volp~
te ~p~rov~ the tleO r~tntn~ efiluent a~r~nte with
Page 22
(:Mllil~l~lt" Ilorrfo movod, oocondod by Commioo~onlr Conlt~nl:tnm
:~." ~nd cl~Tlod 4/0, (Com~188toner Matthews out) to appoint MaFle G. Dul~uy
Page23
August 'lO, :1993
03-:330 APPO~]FTZN(J GERARD R, MCLAUGHLZN TO TH~ COFFRACTORS
Conissioner Constantine noted a concern on thio item ts that
thoro are no applicants with a mechanical area of discipline and Staff
%h~s'.~nlggosted re-advertising in the hope of finding someone with that
!'i~".'.C0~estoner Volpe pointed out that two of the applicants have
general -contractor' s licenses,
i~.'' A~n~strattve Assistant to the Board Filson reported that the
states, "This section is merely d/rectory and failure to
[. : ,',.~ .
havo"m ~ember of each of these trades sha] ! not be grounds for voiding
~;any..actton of the Board," adding that two rep=esentatives from the
of Naples should be appointed. She confirmed that the C~ty of
Naples advertised twice, but she did not receive any ~ntereot other
the throe applic~t8 noted.
Page 24 '
August 10, 1993
A~inistrative Assistant to the Board Fi/son advised the Board to
waive th~ precinct portion of the ordinance, because the ordinance
re~ires one regiment ~ro~ each ~ectnct and ehe has adve~t~eed three
'~ ~ ~i= r~lr~t.
Page 25.
August 10~ 1993
· ~-~ RE ~ COMPREHEI~I~-E A~IN~ CONTROL
~ ~l~ CO~l~ C~ O~I~CE ~0. 78-16,
· ~,'~ ~~ ~. 85-40 - ~~
Legal notice having been published in the Naples Daily News on
J~l¥ 22; 1993, and as evidenced by Affidavit of Publication filed with
".the Clerk, public hearing was opened.
/ ~Asaistant County Attorney Palmer gave an overview of the proposed
e, citing that the ordinance came about initially only in
to prohibitions in research and testing of animals from various
:'facilities and it was determined that the entire animal control ordi-
(~.nance be reviewed to recommend incorporation of many suggestions
recommended by the animal control department. He noted that there is
area that Staff is asking direction on which is the question of
':~?~andatorF court appearances as the statute that is applicable to this
!J'~"question does not require a county to mandate any mandatory court
ap .pemrances under this type of ordinance. He discussed what options
,available under the statute.
-')~' Mr. Pal~er called attention to the other minor change recommended
i~. ~nimal control, which is page 3 of the proposed ordinance,
?,.para~rmph J, to read "trained hunting animals".
.~'3.:'..Assietant County Attorney Palmer pointed out that the County
Attorney's office has done considerable research on to what extent a
can impose restraints on private enterprise in regard to con-
~i' v~¥ing animals for the purposes of research and testing. He indicated
/.' that ~t is his opinion that a county does not have the power to
require,~ private enterprise not to convey animals for proper research
i'~d/~est'Ang~ therefore, he did not include that restraint in the pro-
.~.._,.~Oommaissioner Constantine asked Mr. Palmer how he came to that
County Attorney Palmer replied that through his research
{'ihs'has'found no county or state legislature that has attempted to
August 10, 1993
)sss that restriction on private enterprise.
C0nissioner Constantine stated that the county has a policy that
~ra¥! will not be turned over for experimentation, but he would like
~to see the policy inserted into the ordinance.
Co~missioner Constantine suggested on page 4, Section P, 6th line,
;.~the re~oval of ~he ~ords "possible harmful".
-~b ~r. Palmer agreed ~o have ~he words s~rAcken.
~).~. Co~issioner Volpe asked who would have ~he au~hori~y ~o enforce
~he ordinance?
j;'~ Pal~er replied tha~ this ordin~ce has ~he wides~ possible
enforc~ent authority by the Police Department of the City of Naples
the~ adopt a resolution, the Collier Cowry Sheriff's
~.DePartBent, ~imal Control, Park R~gers and Code Enforcement.
~ A d~s~ssAon was held on ~he subJec~ o~ required disclosure.
The fol~owing people spoke on the subject:
/~'/'.', EiAzabeth Berg Louis Moore
"Stephan Carr Kendrick Tucker
'~'~ ' -~'~ N~' Sch~ec~eper N~cy Pay~on
~,~ ~ju ~lois Jacobs
aee ~U Clerk Hoff~ replmced Recording Secre~ C~
Co~is~ioner Vo]pe stated that he is concerned that the Cowry may
~ setting comity standards with regard to the use of ~imale In
'_.:.'research,. ~d noted that he is not certain that he w~ts to take that
..~. step.
Assiet~t Cowry Attorney Palmer stated that there could be
whereby a person ac~iring ~ ~imal, si~s a ~orn state-
~ndic~ting that the ~imal will not be used for research or
teet ~ng.
~':~:':'.~'~ ~ ~k. No. 63 with t~ fol~l~ c~:
~% 'o~ ~i~l ~~ in 8~ or or~ized o~i~ce
to ~ ~1~.
?.!~.i'l~-t! - ~ectton 0 - Delete language in its entirety.
:-%'.:;'~~ "... u pr~i~ for
ese ~l 4:45 P.M. - ~co~ 5:00 P.M.
'.~'~j: * ~~ ~LITIOI ~ - ~0~
Acting Solid Waste Director Russell rec~ested authorization for
Staff to advertise a public hearing for The modification of a rate
.... ~*res°lutton relative to residential Solid Haste Special Assessment and
':cosmerctal waste collection fees and reduce the tipping fee for
iconatrUction/demolition waste.
'*In respOnse to Commissioner Constantine, Mr. Russell reported that
:'.with regard to the construction/demolition adjustment the differential
;.apPr°xt~ately ?0,000 tons of material at $5.00 per ton would be a
of $3§0,000 to the people in the construction industry.
"Ne. Chris Straton spoke with regard to this Item.
:;..; '....
In addition, Hr. Russell advised that Waste Management, Inc.
'~:'hae requested cesaattoD of the subscription yard waste service they
haveoffered. He explained that this service became a part of the
.at, resolution. He Indicated that this program was designed baaed on
aPProximately 500 customers receiving a weekly special yard waste pick
p,:::however, there have never been ~0 customers tn this regard,
.:!.noted that .this ia not a cost effective program for WNI,
· ,:'i/~ Om~t~io~r Iorrie moved, second~ by Co~-ieelon~r Volp~
:car~te~l $/1 (~t~ton~r Constantine opposed and Commissioner
; :.-Ilattheslt ~t ~t), to approv~ th~ adverttetn~ of a public hearing
~o~'a I~te lbee~l~tion to iacrease th~ residential Solid Itaste ~pecial
(..:':;. ~. '~ . ..:*.....
waste collection fees and reduce the tipping
Page 28
Environmental Services Administrator Lorenz reported that this
· item is a request to approve a multi-family recycling proposal that
-::] staff has negotiated with Waste Management, Inc. (WMI}.
,~.. '-. Conissioner Constantine questioned whether there is any disadvan-
to receiving bids for this program. Mr. Lorenz replied that the
,~n!¥ disadvantage would be the amount of time involved in obtaining
~':' the bids. He revealed that bids were in place, however, they were
returned to the vendors unopened, since WMI indicated that good faith
negotiations were not being followed in =onJ~nction with the initial
ProPOsal.
Constantine asked whether the County would be facing
"a~y difficulty if this program was put out to bid.
'J-;~ . Assistant County Attorney Weigel replied that there would be no
)roblem with the County going out for competitive bidding.
· -;; ':/'The following persons spoke with regard to this item:
· '].;; Chris Straton
'?;-.~'; Michael Kennedy
-' (~llil~io~e~ Con~tantine ~ov~d, ~econded by COllliO]llE, VOI~I ~
4/9 (Co~tuioner Matthe~ out), that staff b~ dlracted to
~ with the co~pettttv~ bidding process.
.;:/.O~DXlaI~H %~-~?, ~ PETITION P~D-gS-S, MXORAEL FERNANDEZ OF A~NOnX,
Legal notice having been published in the Naples Daily News on
'22, 1993, as evidenced by Affidavit of Publication filed with the
rk,:. public hearing was opened.
:'?; (..'..
~?~ - August 100 1993
;~:~;'..Pla~ner..:,.,. , Milk explained that the petitioner is requesting a rezone
ol~...:' '"A",:to "PUD~ for a church and related facilities. He indicated
the proposed facilities consist of approximately 20,000 square
of i:~ildtngs, including a 1,500 seat sanctuary, 300 seat chapel,
:.~' school, fello~ehtp hell and recreational facilities.
· .' - Mr. Milk Indicated that the subject site ts located at the
'northeast Intersection of Rifle Range Road and ¢. R. 051. He reported
that prol~rttee to the north, east and south are undeveloped
I properties. In addition, he remarked that the Swamp Buggy
~) Recreational Park ie located 1/4 mile to the East.
~ .. ' Mr. Milk advised that all potential impacts have been resolved.
:indicated that one stipulation relates to access to the site,
'howeVer, Attorney Anthony Pires has submitted a legal opinion to
~.?."',~ountlt Attorney Ouyler and he concurs with same. He revealed that the
stipulation can be deleted.
.rMr. Milk stated that staff supports this petition, as requested.
'.-;co~"~'ims~oner Volpe voiced concern with regard to the timing of
(~elop~ent.
Mr. Michael Fernandez, representing the petitioner, pointed out
that there ts a provision for the recreational facilities to be done
a prt~r~.nse eo that fund raisers can be held on the site prior to
0pment of the church.
.~t: JThere were: no speakers.
!!;':';: Co~ateeloner Saundere announced that the public hearing is closed.
:?:i:"-~." Mr. Fernandez remarked that he believes the petitioner will com-
construction within a one year time period. He reported that
PUD contains a sunset provision requiring a review in five years
the project is not developed at that time.
Planner Milk stated that one of the benefits to the County is that
this area is subject to some poor water management drainage problems
~n~ the PUD prey/dee mechanisms to account for the roadway drainage,
on, site/drainage and the water management to the C.R. 951 outfall. Be
~?;;/~oted that additionally, there are benefits to the petitioner with
Page 30
AZ~R~D T. FELSBER~, CHAIRMAN OF THE COLLIE~ COUNTY
NI~Xg/I~A~O~O~ICAL PRESERV&TION BOARD, P~QUEI~TING THE
COUNTY MAP TO OFFICIALLY D~I~NATE AN~%~ OF
HI~I~O/~ICAL PROBABILITY - ADOPTED
95-5? be adopted ~ui entered into Ordinance BOOk
· ~
..'..-, .... Legal notice having been published in the Naples Dally News on
,'1.25,' 1993, as evidenced by Affidavit of Publication filed with the
public hearing was opened.
Bellows explained that the purpose of this item ts a
to establish the official ~aps desi~nattng the areas of
htstori¢/~rchaeologtcal probability throughout the unincorporated area
~¢ount¥. ? ':.... -
Bellows noted that each ~ap ts accompanied by a data 'sheet'
site ~tnventory sheet to provide more detailed information cn
pectftc sites, lie pointed out that archaeological sites are
with a dot and historically significant sites are
.with a star.
remarked that applications for specific development
,~ala located within areas of probability will be re~tred
a sudsy ~d assessment prepared by Certiffted Archaeolo~ists
~ltted for revi~ to staff ~d the Prese~atlon Board.
~oll~tn~ persons spoke with repard to this
:e';ware .no other speakers'.
Co~issioner iaunders noted that the public heartn~ ts closed.
August 10~ 1993
CarrAed 4/0 (Commissioner Matthews out), to approve the maps of
al/Archaeological Probability, thereby adopting Resolution
~332.-
~,oo~ ~]~30~,~ 55
Page 32
Auoatst ~0, 2993
Iq~L~ZO0~ 93'333, RE PETTTION CU-93-~0, JACK HCJC]3IHA, OF A(3NOLT,
B~JLBKR ABD B~UNDAOE, INC., REPRESENTINQ L. R. BRILL OF NAPLES
~ ;.i~' 13CECIFTIVI COUNTRY CLUB, R~QUKSTING APPROVAL OF CONDITIONAL USE FOR A
~ ~OLF COUI~E AND ACCESSORY FACILITIES - ADOPTED SUBJECT TO STIPULATIONS
Legal notice having been published in the Naples Daily News on
July 25, 1993, as evidenced by Affidavit of Publication fi/ed with the
Clerk, public hearing was opened.
}:~'.Planner Saadeh stated that this petitioner is requesting approval
,[;~.~of-.C°ndittonal. Use "17" of the "A" Zoning District to allow the
-'~Constructlon of ~n 18 hole public golf course, aqua driving range,
4,000 square foot clubhouse Inclusive of a 150 seat restaurant, 800
.square foot pro-shop, golf cart storage building and a maintenance
· ? building ~htch will Include a caretaker's residence.
,,~ Mr. Saadeh reported that the subject property ts located on the
North side of East Tamtami Trail and East of Trinity Place. He
advised that this petition with its proposed uses is deemed consistent
:,'i'~. with the Future Land Use Element of the Growth Management and all
:'reviewing agencies recommend approval, subject to the stipulations
)orated Into the resolution.
· ' ,:.[' Mr. Saadeh announced that staff received one letter and two
',,,telephone calls requesting information on the proposed project. }lb
:'noted that one person spoke in favor of the petition at the Planning
hearing.
'~;~i. Hr. S~adsh stated that the Pl&rmtn~ Commission reviewed this petl-
~.'"';tton on July 19, 1993, and by a vote of 8/0 recommended approval.
Commissioner Volpe remarked that he understands that South Florida
;'-/Water Management District Is no longer issuing consumptive use per-
mits for the irrigation of golf courses.
-.', Mr. Jack McKenna, representing the Petitioner, advised that an
:L application has been made to the District for the consumptive
use
per-
mit. He explained that he has met with their staff and no Indication
'.h~a Been made that there is a problem in this regard.
Page 33
August 10, 1993
Paul Rodinsky spoke with regard to this item.
Coutsstoner Saunders stated that the public hearing is closed.
~tae/oner Volp~ ~oved, seconded by Co~a/seloner Norr/a and
4/0 (Co~m/eatoner ~tthe~m out), to approve Pet/t/on CU-93-10,
that ~e~olutton 93-333 b~ ~dopted ~ubJact to st~pulat/onm.
Page 34
70) /'** ?
.#1¢
COqlITTc~sBZ0~*
August 10, 1993
Administrative Assistant to the Board Ftlson stated Commissioner
Matthews requested discussion on the Bay Management Organtzat/on. She
suggested that due to Commissioner Matthews' absence, that this item
.be discussed on August 17, 1993.
The subject of sem/-annua! meet/ngs w/th Lee County was discussed.
?~t: Co~misstoner Volpe suggested that the Board Members review their
~;~.' calendars and d/scuss poss/ble meet/ng dates on August 17, 1993.
'$' Comm~mmtonmr Norris moved, mmcondmd by Co~mtmm/onmr
Mmtthmvem m~! cm~Ttmd 5/0, that the following ttmmm under the
~t ~ be approved and/or adopted: i,,
Itel ~16&1
.. ): C][ECE ACCEPTED AS SECURITY FOR LANDSCAPING FOR SITE DEVELOPMENT PLAN
'[~/MO.* 19--159& "GOODLAND BAY MARINA"
ACCEPTED AS SECURITY FOR LANDSCAPING FOP. SITE
FLAIl NO. 92-75 "B~ACH CARWASH'
'Xtem #16&3
C~CE.AC~ AS SECURITY FOR LANDSCAPING FOR SITE DEVELOPMENT PLAN
:CHECK-~ A~ SECUI~ITY FOR LANDSCAPING FOR SITE DEVELOPMENT PLAN
'~ Jk~*~PTED J~ ~CURIT~ FOR LANDSCAPING FOR SITE DEVKLO~ PLAN
NO','.'9~-6~ "~I~LIMG CO)I~/NICATION~"
*(;lq~/ om uwz~ ~zv-s* MIX) CONSTlqUC~ION LWD MAr]ITJ]LtWCS
THE STIPULATIONS AS LISTED IN THK ~X~CUTIV~ ~])~t~NY
~I~7
~ O~ I~RC~I~ ORDER #$00952 - V~DOR
$~500 ~ I~ IR~CB&S~ OF POL~ROZD 500 Z~S?&J~ YIT~ FOR CAS~
DOC'Dt~&TZO~ FOR COD~ ~I~ORC~ J~D
,oo 13130 o . 66.
Page
August: 10, :1993
OF "~ePll~tJ~R PO:INTE &T ~I~DSTAR" ~ CONSTRUCT:ION AND
~~ ~ - ~XTH TH~ STTPULAT:IONS A~ L:IST~D :IN
'/.I~FllE&L PT. AT I~CORD~D FOR 'H~R~ SUBDZVTSTOR" A~D LNTT~R OF CI~DZT -
~,?.RAT~"FACXLXTI~ ACCEPT~ FOR COLLIER COmlT~
' ;::"-~. · . ~CORDED IN OR BOOK PAGES ~OTE, Docments not
~ ','>,-'- provzoed to CLerK to goard
Xt~ ~1~ Office as of 10~25/93
:.: '~:YUNT OF $6,000, TO.H~LP D~PRAY TH~ COST OF ~IILD ?lt.:i~ FOR A
F~CI~&TX(YNAL ~ CA~P ]~LD AT TH~ GOLDEN GAT~ CO~T~ITY
Xte~ ~16C2
;'-'i"B;UDGNT ~ ALLOMXNG FOR TH~ CONSTRUCTION OF LIGFf$ AND
See Pages NOTE: Documents not provi~e~ to Clerk to
Board Office as of 10f25/93
Page 36
gaD2
(FINAL) TO THE CONSTRUCTION CONTRACT
~~~ ~ OF 81,198.70
.' , .':i.'~*, .
:~"'.&GRI~MKIFT WITH FLORIDA POMKR ARD LIGHT TKROUGH THE STATE DEPARTMKIT OF
~!i:~C~I~JUB/TT AJ'FAZRS FOR R&DZOLOGICAL 13~RGKNCY PREPAREDNESS FUWD9 - IN
,TI~zM~80~IT OF $1,000
See Pages '~ ~:::' -
FOR ~G~ ~IC~ S~IC~S ~ {490) - ~ ~
FURSUAF~ TO BZD NO.
93-2047,
GOLD,Il GAI~ P~y
'J~I:SOLUT~OBJ93...326 AOT~ORZZllI~ All ~Xlrg]IDZTUR~ IN ~ TOTAL AMOUIT Or
~$O00~70FORCOS'TS A~5OCIAT~S N/TH T]~ RIBBON CUTTING C~tDI0~JUrD
i~DZCAT/ON FOR TH~ GOLDEN G&TK PAREMAY MKDY_M~ BEAUTZFZCATZO~
MlSCB~,JdlO~ 'CORRI~POm:)EJ~CE - rzr.,xD &]m/OR Rnmm~
i,>,?' ': *
following miscellaneous correspondence was filed and or
i:~'referred aa presented by the Board of County Commissioners:
10, 1993
01 CORRECTIOR TO THE T&X ROLLS A~ PRESE~ITED BY THE
IqtOPKRTT',tFI~t~ZSER
318/319
306/307
338
~,,:..'..'.
242/244
,~,, ~ ~(' ~..
: ~';' ,7. ·
'J.~;i992-153/155
1988 REAL PROPERTY
1989 ~ PROPERTY
1990 R~AL PROPERTY
1991R~&L PROI:~RTY
1992 RF~L PROT~RTY
1992 TJLRGZBLE PROPERTY
Date
7/27/93 - 7/29/93
7/27/93 - 7/29/93
7/29/93
7/23/93 - 7/29/93
7/23/93 - 7/29/93
7/22/93 - 7/26/93
· :~]~l~Jk GJLTN TIMK FOR INMATE NOS. 47883 AND 71976
;~5':: ";:..
.Item ,1633
:~tTI~F~TTo~B 01 LIEN FOR SERVICE8 OF TB~ PUBLIC DZF~NDER
::
'.al~&~.OF FUBLZC NUIS,M[CE
,B~.'~ FOR COU~I~ZD~e COmPUTer I)ITERCO)~ECTIVITY
'.. ,,~_,~ ..,, ~:.,~ ..
I~OOX
Page 38
AUgUSt ~.0, ~1993
'There being no further business for the Good of the County, the
,,leering was adjourned by Order of the Chair - Time: ~:§5 P.M.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS
CONTROL
BURT L. SAUNDERS, CHAIRMAN
by the Board on
__or as corrected
Page 39