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BCC Minutes 06/29/1993 R Naples, Florida, June 29, 1993 LET IT BE REMEMBERED, that the Board of County Commissioners in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special districts as have been created according to law and having conducted business herein, met on this date at 9:00 A.M. in REGULAR 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 Bettye J. Matthews ALSO PRESENT: John Yonkosky, Finance Director; Sue Carney Recording Secretary and Ellie Hoffman, Deputy Clerk; Bill Hargett, Assistant County Manager; Ken Cuyler, County Attorney; Dave Wetgel and Heidl Ashton, Assistant County Attorneys; Frank Brutt, Community Development Services Administrator; Tom Olliff, Public Services Administrator; Tom Conrecode, OCPM Director; Mike Arnold, Utilities Administrator; Dick Clark, Code Enforcement Supervisor; Steve Carnell, Purchasing Director; Greg Mihalfc, Affordable Housing Director; Martha Skinner, Social Services Director; Sue Filson, Administrative Assistant to the Board; and Deputy Byron Tomlinson, Sheriff's Office. Page Tape (~2) APPROVED WITH CHAN~ES June 29, 1993 Co~Aealon~r Norrle ~oved, ~conded by Coati.loner Volpe and c~rt~ 4/0 (Co~lsstoner Sl~ders out), to approve the agen~ with the c~s u detailed on the Ag~ C~ge Sheet. Page 2 June 29, 1993 (323) Itn C01~f A(F~EDA - A~PRO%r~D A~D/OR ADOPTED The motion for approval of the consent agenda is noted under Item #16. (327) Ztn#4 NI~ O, ~ ~~ ~IIG O, ~ 8, 1993 ~ 30I~ CI~/CO~ I(X~TIIG OF ~ 9, 1993 - APPROVED '*' Commissioner Saundera arrived at thla time ''' Cmm~tesioner Horrie moved, seconded by Conissloner Natthewm and carried unani~ousl¥, to approve the Hinutes of the Regular Meeting off June 8, 1993 and the Joint City/County Meeting of June 9, 1993. (334) Item #6 Commissioner Constantine acknowledged Service Awards for the following Collier County employees: Laura M. Celedonta, 5 years, Purchasing (Not Present) Franklin Chain, 5 years, Transportation (Not Present) Ntta F. Linholm, 5 years, Utilities (Not Present) (3~4) PR~TXO~ D~SZG~ATI~G 3T~gg 27-3~,¥ 3, 1993 &~ ]~EL~ g~R N~ - Upon reading of the proclamation, Co~isstoner Natthews ~oved, sec~ by Catssioner ~olpe and carried unanimously, that the procl~mstton designating June 2?-July 3, 1993 u Helen leller Week be adopted. Bill Arthur, Joe Kline, Robert Parcelles, Robert Marker, Dr. David Poeltl, Sgt. Darren Wtlltamson, Sgt. David Greve, Chief Pilot Mark Cherney, Norris IJams, and Peter Bolton accepted the Proclamation. Page 3 June 29, 1993 (?4E) PROCLAMATION RECOGNIZING JULY ?, 1993, AS THE SL~rENTIETH ANNIVERSARY OF TH~ FOUNDII~ OF COLLIER COUNTY, FLORIDA - ADOPTED Upon reading of the proclamation, Co=-issioner Volpe noved, seconded by Co~aissioner Constantine and carried unan~cmsly, that the proclmti~ reco~iztng July 7, 1993, as the seventieth ~lverea~ of t~ f~ding of Collier Co.ti, Florida ~ adopted. Barton Collier, III, accepted the Proclamation. 12 Page 4 June 29, 1993 ~SOLUT~ON 93-265 RE ESPLENAUB HOUSE TO BE DONATED AND BECOI~E PART OF TH~ COLLIER COU~TYHUSEUH - ADOPTED Charles Dauray, President of the Collier County Historical Society, stated that Mr. George Huntoon was instrumental in raising the initial funds to build the Collier County Museum, adding that Mr. Huntoon passed away last year. He announced that the Historical Society feels that it is appropriate to recognize the contributions of Mr. Huntoon by establishing a Huntoon Gallery on the site of the Collier County Museum. Mr. Dauray explained that Ray Staton contacted the Society regarding his home which is the Esplenaub House, adding that he is clearing his property and would like to donate the home to the Historical Society. He announced that the home could be moved to the museum site, deeded to the County and would become the Huntoon Gallery. Commissioner Saunders thanked Mr. Dauray and the Collier County Historical Society for their efforts and their contribution. Public Services Administrator Olltff requested that a resolution be prepared regarding the acceptance of this contribution. Cmleetoner Iorrle ~oved, eeconded by Coualeeloner Hatthewe and c~rried unani~ocml¥, that Resolution 93-265 authorizing the acceptance of th~ ~planaub Houee b~ adopted. NOTE: Resolution No, 93-265 not received in Clerk to Board office as of August 11, i'':''i Page (1079) Item ~e~l and 93-347, 93-350 AITD 93-352 - ADOPTED June 29, 1993 Finance Director Yonkosk¥ requested adoption of Budget Amendments 93-347, 93-350 and 93-352. Co~nimstoner Constantine moved, seconded by Comleeloner Matthews and caa~ried unant~sl¥, tMt Budget Mn~ntl 93-347, 93-350 ~d 93-352 ~ ~pt~. (l~oo) ~~ATIOI OF ~ STA~ ~ S~ING ~ICATION ~ aOV~ FOR ~I~ ~ SI~ ~ ~LICATION - ~0~D Finance Director Yonkosky presented the application and noted that the appropriate officials have already signed the application. Co~tseloner Norris ~oved, seconded by Co,missioner Const~ntine ~nd c~zTied unanimously0 &pprovlng the Chairman to sign the Stats Rev~ Sharing Application for Flec&l Ye&r 1993-1994. 15 Page 6 June 29, 1993 It~ ~& FOR A L~TE FILING OF AN APPLICATION TO THE 1993 ~RO%~TH ~ PLAN AMEND~m~fS - APPROVED Rich Henderlong of Collier Development Corporation, stated that Staff recommended that he file this public petition requesting appro- val to file an application to amend the Growth Management Plan after the amendment cycle. He explained the reasons for the late applica- tion and requested approval. Frank Brutt, Community Development Administrator, confirmed that this was Just a late filing and Staff has no problem with the request. Comm~seto~r Volpe ~oved, seconded by Conteeloner Norris, to ~rant the public petit/on to allow for the filing for a proposed ~n~t to the Growth Management Plan. Upon call for the queatton, the ~otion carried 4/0 (Contssloner Matthews out). Ite~ ~A1 ~ved from Item ,16A9 CASHIER'S CHECK AS SECURITY FOR LANDSCAPING FOR SITE DEVELOPMENT PLAN NO. 93-43 "CRT~TAL LAKE R~SORT PHASE 3" - ACCEPTED Frank Brutt, Community Development Administrator, advised that Commissioner Matthews requested that this item be brought up for discussion, due to the fact that she is aware of drainage problems in the area. Mr. Brutt advised that he met with John MadaJewski, Pro~ect Plan Review Manager, who recommends that the site plans be reviewed along with a review of the requirements of South Florida Water Management District to see if the problem can be identified and corrected. Commissioner Matthews commented that it is her understanding that Crystal Lake property is higher than the surrounding area causing a drainage problem. Co~tsatoner Matthews ~oved, seconded by Couteeloner Norria and carried nn~z~t~ou~l¥, to accept the Cashier~e Check u security for l~ptng for site development plan No. 93-43, Crystal L~ka Resort Phase S. Page 7 June 29, 1993 (232s) ItaliA2 moved from Item #16All Iq/SOLUTION 93-266 APPROVING TH~ RECORDING OF THE FINAL PLAT OF "REPLAT OF TRACT 76, GOLDEN GATE ESTATES UNIT NO. 48" - ADOPTKD Frank Brutt described the recommendation and disclosed that Staff recommends approval, adding that Commissioner Matthews questioned the process for such replatting. He confirmed that after contacting Mr. MadaJewski, a written explanation will be provided to Commissioner Matthews. Commissioner Matthews reported that this issue of replatting has been brought to her attention. Coati.loner M~tthews ~oved, seconded by Commissioner Norris and carried unanimously, that Resolution 93-266 approving the recording of the f1~1 plat o£ 'R~plat of Tract 76, Golden Gate Eatatem Unit No. 48" be luSopted. Page 8 June 29, 1993 Item~l A~RE~E~T WITH TH~ ASSOCIATION OF UNIT OWNERS OF TH~ REGISTRY HOTEL AT PELICAN BAY, INC. (AU0) FOR CONCESSION SERVICES AT TH~ CLAM PASS PAR~ - ~ 1%"EAR AGR~ WITH ~0~ 1~ WITH OPTION TO Iq~-N~GOTIATH AFTER 1 ~EAR, FE]~DING A~REEM~NT B~ AU0 BOARD OF DIR~CTORS. ~ DISCUSSION TO TAX~ PLACE AT 5:05 P.M. MEETING OF JUNE 29, 1993 Public Services Administrator Olltff recalled that this 1rem was previously discussed last week, and he pointed out that one issue needs to be resolved today; that being the concession fee which was increased from 10% to 18% to be reviewed by the AUO for approval. Joseph McMackin, attorney for the AUO, advised that the concession is a cost to the AUO that they cannot afford. He recalled that the Board requested two changes; a reduction in term to 5 years with a 5 year re-negotiated renewal and an increase in the premium from 10% to 18%, noting that the AUO will agree to the shortening of the term, but cannot afford to pay the extra 8%. Commissioner Saunders disclosed that the next step is to decide what type of facility is desired, especially during the off season, noting that Staff is making a recommendation to take over the tram operations. Commissioner Volpe admitted that the County has an obligation to provide Utilities to Clam Pass, and inquired whether it would be possible to phase in the 18% fee over a period of time until the uti- littes are brought in. Mr. McMackin replied that that suggestion has been discussed and phasing in would become too complicated. Commissioner Volpe expressed his disappo~ntment at having to reach this point, noting the direct benefit to the Registry Hotel, but also mentioning that no less that 65~ of the patrons are County residents. Commissioner Volpe asked what the cost of underwriting th~s facility would cost the County? Public Services Administrator Olliff replied that the total cost would be approximately $125,000.00. Commissioner Constantine requested a quick review of the d~f- Page 9 June 29, 1993 ference between entering the agreement versus the cost of the County operating the facility itself. Mr. Olliff answered that the cost to the County would be $14,000.00, the cost for the tram service alone i~ between $90,000.00 and $100,000.00. In response to Commissioner Saunders, Mr. Olliff replied that there were 240,000 tram riders annually. Commissioner Saunders requested an analysis of what the legal responsibilities are in reference to the operations, also if the County does not have a concession with the hotel and does not operate a tram system, would the hotel have any rights to operate a tram system for the exclusive use of /ts' guests. Commissioner Volpe strongly expressed his opinion that this faci- lity cannot operate without the tram service. Assistant County Attorney We/gel announced that the boardwalk is owned by the County and any type of vehicular devices placed on the boardwalk are subject to the rules and regulations of the County. Com~inionar Volpe suggested spproval of the ne~otiatsd concsssion a~ree~ent with the AUO, with a 5 year contract with the negotiated aumount of 18~ for the concession fee. Commissioner Matthews suggested imposing a .50¢ fee on the tram ride, so that it would pay for itself and the Registry would be contributing $42,000.00. C~Ant~ner Volpe ~oved to approve the concession m~Tee~ent with a 10~ c~'e~s~on fee, but a 5 year term. Commissioner Saunders offered the possibility of a parking fee. Commissioner Constantine expressed his concern of the suggestion; stating that he would rather see the burden placed on the hotel rather than the taxpayers. Mr. Olliff remarked that when the parking fees were lifted in the past, all the county beaches doubled their usage. Referring to the proposed 5 year agreement, Commissioner Saunders asked what facilities are required to be in place by the AUO? Page 10 June 29, 1993 Mr. McMackin replied that the commercial kitchen equipment is required, and he does not have cost of the equipment. Commissioner Saunders suggested a ! year agreement with a 10% con- cession fee, without the requirement of the additional kitchen equipment. Commissioner Volpe suggested a 1 year renewable agreement without the required kitchen equipment until such time that the County could provide utilities. Mr. McMacktn stated that he would be agreeable to a 2 year agreement. ~Aeeloner Volpe moved to approve a 10% concession fee, with the obligation of the AUO to provide kitchen equlpnent only when the Connt~ providee utilities, and to extend the current a~ree~ent for two A discussion was held on the obligations of the commercial kitchen equipment under the original agreement. Commissioner maunders revealed the need to provide a short term extension of the agreement. Commissioner Norris mentioned that once the utilities are supplied, concession bids could be reviewed, adding that he does not feel prepared to enter into a long term agreement. Commissioner Saunders proposed a ! year agreement with a con- cession fee of lOX, to give the Board the opportunity to determine what type of facilities are desired. Commissioner Volpe asked if in this ! year period, there would be any obligation to install any t~e of commercial kitchen equipment? Commissioner Saunders related that he has no objection to holding that obligation in abeyance. Commissioner Matthews suggested a 1 year agreement with a ! year option to re-negotiate. with · 1T~ar option to re-negotiate, m 10~ concession fa, and with tra eervlce as It runs now. 25 Page 11 June 29, 1993 Peter Kiem, Manager of AUO, specified that his Board voted to have the agreement that was presented on June 22, 1993, resubmitted to the Board of County Commissioners stating that no extension of the current agreement would be entertained and the terms and conditions of the agreement would be acceptable to the Board of Directors of the AUO. He said that he could speak to individual members of the Board of Directors of the AUO today to discuss the proposed revised agreement but such an agreement would require the approval of the Board of Directors. He agreed to recommend the acceptance of the proposed agreement. Commissioner Saunders suggested continuing this discussion at the special meeting that will be held tonight. Mr. Kiem confirmed that he would get direction to continue this discussion from the Chairman of the Board some time today. Commissioner Norris emconded the ~otton on the floor. Commissioner Saunders suggested that pending the approval of the motion, Mr. K/em attend this evening's meeting to continue this discussion. Upo~ c~ll~g for th~ question, the motion cmrrted un~ntmly, C~mmt~io~r Conmt~nttn~ moved, seconded by Co~tsslon~r N~tthe~ ~nd c~rted ~ntmmmly, that this item be continued to this evening's Page 12 June 29, 1993 Clerk Hoff~ replaced Recording Secretary Carn~ Tap~ ~2 Ttwm ~C2 P~C0~B~IID&TION TO I~SCI~D LI:I~LII~g HON:~C~J~, INC. C011TI~, AI~kRD &lid SIGN CO]IYR&~ WITH lRYgR/~! H~ALTHCJLRg - AFPR~D Public Services Administrator Olliff stated that the current in- home personal care contract expires on June 30, 1993 and Board appro- val is being sought for new contracts in order to continue the services to the elderly. Mr. Olliff explained that tn-home personal care for the area elderly is provided through the Social Services Department, using contracted services. He noted that two firms responded to the County's most recent annual RFP and were recommended for contracts, however, it has since been determined that one of the firms does not have the necessary license to operate in the State of Florida. Mr. Olliff advised that staff is recommending that the contract award with L~feltne Homecare, Inc. be rescinded and that the full contract be awarded to Interlm Healthcare. Co~mleeton~r Xorr/e moved, seconded ~ Contesloner Volpe and carr/ed 4/0 (Co~t~etoner ~tth~ ~t), to reeclnd the contract ~ard w/th LAfelt~ Ho~c~e, Inc., ~d to a~rd ~d ~1~ the full contract w/th Interim Healthcare. Page June 29, 1993 Item R~SOLUTIO~ 93-267, SETTING A PUBLIC HEARING DATE FOR 7/27/93 RE CONFI~9~ATION OF ~ ~IMI~ ~SES~ ROLL ~ ~ION 0F ~ N~-~ V~ ~S~ ROLL ~R ~IFO~ ~OD OF COLL~ION ~R I~ ~IN ~ PI~ RI~K I~US~I~ P~ M.S.T.U. ~ ~C~I~ ~SOL~ION 93-253 - ~D; ST~ TO ~RTISE ~ ~ O~IN~CE ~ 30 DAY ~-PA~ Office of Capital Projects Management Director Conrecode advised that Items #8H2 and #8H3 deal with rescinding resolutions adopted on June 22, 1993, establishing July 20, 1993 as the hearing date relative to assessment rolls for Pine Ridge Industrial Park M.S.T.U. and the Naples Production Park M.S.T.U. Mr. Conrecode announced that there have been changes to the reso- lutions based on changes in the unit cost for the assessments. He requested that the Commission conduct the two public hearings on July 27, ~993, at the Regular Meeting. There were no speakers. Co~/seloner Constantine ~ved, seconded by Co,missioner Vclpe and carried 4/0 (Commissioner Matthew~ out), that the public hearing r~ the uniform method of collection for improvelentl within the Pi~e ~Ad~ I~x~triml Park M.S.T.U. be set for July 2?, 1993, d~L~ing the ~teg~lar ~ting, and that RaeolutAon 93-26? be ~dopted. Mr. Conrecode requested that the Commission authorize staff to advertise an emergency ordinance to amend the ordinance establishing these districts, and allow a 30 day pre-payment in lieu of a 60 day pre-payment. He advised that this would give the Constitutional Officers an additional 30 days to work with staff. Co~/utoner Vol~e moved, seconded by Comisaloner ConstantAne and carried 4/0 (Co~miealoner Matthew~ out), that staff be directed to m~rtAme an e~erg~nc~ ordinance to be heard on July 27, 1993, pro- viding for · 30 day pre-p&y~ent provision An lien of · 60 d~y pre- Page 14 June 29, 1993 (6oo) It~ ~1~3 RESOLUTION 93-268, SETTING A PUBLIC HEARING DATE FOR 7/27/93 CONFI~ATIOE OF TH~ PRELIMINARY ASSESSI~ENT ROLL AND ADOPTION OF TH~ NON-AD VALOREM ASSESSMENT ROLL FOR UNIFORM M~THOD OF COLLECTION FOR IMPROVEMENTS WITHIN TH~ NAPLES PRODUCTION PARK M.S.T.U. AND RESCINDING RESOLUTION 93-252 - ADOPTED; STAFF TO ADVERTISE AN EMERGENCY ORDINANCE RE 3O DAY PRE-PAYMENT This item was discussed in conjunction with Item #8H2. ~i~tonsr Co~tantine moved, seconded by Co~lsmionsr Volpe and can"ts4. 4/0 (~isstoner Mmtthew~ ~ut), that the public hearing r~ ~ ~ifox-~ ~tho4 of collection for imprcr~e~nts within the · ~1~ PX~ducti~n Park M.S.T.U. be set for July 27, 1993, ~uring the Reg~M I~eettw, ~ that Resolution 93-268 be adopted. ~t~lon~r Volp~ ~o~ed, ~econded by Commissioner Constanttn~ and carried I/O (C~tssto~er ~tth~ ~t), that staff ~ dtrect~ to ~~ ~ ~n~ ordlmce to ~ he~d on 3uly iT, 1993, pro- vtdiq f~ · iO ~ pre-~nt pr~tston tn 1t~ of ~ 60 ~y pr~ Page 15 June 29, ~993 (640) Item ~ R~OLOT~ON g3-269 APPOINTING CLAYTON L. HODGK, SR., JOSKPH ST4ZGKR AKD B~UC~ ~Y TO T~ BLACK AFFAIRS ADVISORY BOARD - ADOPTED Comm~ssioner Constantine noted that there are three vacancies and three applicants have applied for appointments on the Black Affairs Advisory Board. ~~on~r Constantine ~o~d, seconded ~ Cou~mm~er Vol~ c~t~ 4/0 (C~mm~er ~tt~ ~t), t~t Clayton L. Hodgm, Jonah L. ~i~r ~ B~ce A. ~ay ~ a~nted to the Black Affa~r~ ~vi~ ~d, ~d ~t Resolution 93-269 ~ adopted. Page June 29, 1993 & LYBRAND - ~ Commissioner Norris stated that Coopers & Lybrand have worked very hard to present the County with a packet of services at a very reaso- nable cost. Ms. Phyllis Jones, of Coopers & Lybrand, presented a proposal with regard to a performance review of the Utilities Division. She explained that her firm has spent one day talking with various manage- ment staff from Utilities in addition to performing diagnostic reviews of this Division. Ms. Jones revealed that there are substantial cost savings/cost efficiency opportunities In the Utilities Division which could be very beneficial to the County. Commissioner Constantine questioned the anticipated amount of time that Coopers & Lybrand would spend in the Utilities Division to per- form the review. Ms. Jones replied that approximately 5-6 weeks would be required in order to complete all four diagnostic reviews. Utilities Administrator Arnold advised that he has had discussions with Ms. Jones and her staff with regard to potential savings to the County. He indicated that he believes a performance review would be a very effective exercise, and noted that a fresh outlook from the out- side would be very welcomed. Commissioner Saunders called attention to the proposal and noted that one of the tasks is in reference to customer service and billing procedures. He questioned whether staff would be able to evaluate this area by talking with other utilities administrators in other parts of the state and other areas of the country to determine ways to improve billing procedures without having to rely on outside con- sultants. Mr. Arnold stated that staff does communicate with sister utilities, primarily within the State of Florida. In addition, he indicated that the County's Quality Plus program has an active team Page 17 June 29, 1993 looking at the customer service aspects of the Utilities Division. Ms. Jones remarked that there are six billing clerks within the Utilities Division and they are doing a lot of busy work, however, much of this work is dealing with incoming telephone calls relating to problems. She suggested that perhaps those efforts could be put elsewhere where people are needed to do things versus doing trouble shooting. Commissioner Saunders revealed that he does not believe that an outside consultant needs to advise the county that the quicker it gets its bills out, the quicker it will be earning interest on its money. Commissioner Constantine cited that he is in favor of bringing in an outside objective view since many times things that are obvious to an outsider are not evident to people involved in a situation day in and day out. Commissioner Volpe stated that discussions have been held during the strategic planning sessions and budget workshops with regard to utilities billings and improvements that should be made, citing that he is uncertain as to the extent that Coopers & Lybrand can improve upon what has already been acknowledged. Commissioner Matthews remarked that she supports the concept of having the work done as proposed, by Coopers a Lybrand since this would provide a new fresh look at the Uti/it/es D/v/sion. Mr. Brad Estes spoke with regard to this item. Commissioner Saunders suggested that another review of the Utilities Division by the Productivity Committee with adequate imple- mentation by the County Commission and staff would achieve the same thing as embarking on a $§0,000 contract, ~ ~zTte~ S/2 (0o~tsstoner ¥olpe and Coutssioner Sannderm ~), to ~Fprove Coopers & Lybr~nd's proposal, as presented. RESOF~FI~ON *S-270, APPROVING NOTICE TO CAI]LE OPERATORS OF ENFO~ OF ~ ~VIC~ STANDARDS AND DIR~CTINQ THE COUNTYMANAGER TO~IAIL NOTI~I[ TO AFF~CT~D CABLE OIr~I~ATORS - ADOPTHD; STAFF TO DEVELOP NI~ITTEN CO~iFf~ ~ FOR RAT~ REGULATION 57 Page 18 June 29, 1993 Assistant to the County Manager Edwards presented a brief overview of the County's cable situation and requested authorization to con- tinue with the administration of the opportunities that are available through the new Cable Act. Ms. Edwards stated that the Franchise Advisory Committee will be utilized to assist tn a study and analysis of the new rules. She pointed out that the Committee will be reviewing rate regulations and customer service standards. Ms. Edwards advised that the effective date for rate regulation has been delayed from June 21, 1993 to October 1, 1993. She noted that later in the summer she will be requesting that the Commission authorize staff to apply to the FCC for certification for rate regula- tion. She remarked that the County will be required to certify that a procedure is in place to accept customer comments. She recommended that staff develop a written-comment procedure with regard to the rate regulation section. Ms. Edwards requested that the Board authorize staff to notify the two local cable operators, advising that the County intends to establish and enforce customer service standards. She pointed out that the FCC has developed standards that can be used as a guideline, however, these can be made more stringent, if desired. Commissioner Constantine questioned the number of cable television complaints that have been received, to which Ms. Edwards replied that staff began receiving complaints in January, 1991, and 95 complaints have been lodged against both operators. Ms. Edwards advised that the FCC will regulate rates above the basic tier if anyone complains, however, if the County does not apply and receive certification to regulate basic rates, they will not be regulated. Commissioner Saunders remarked if there is an opportunity with respect to the County's Jurisdiction in this regard, a program should be developed and the community so advised that the County is doing what is legally possible. The following persons spoke with regard to this item: · 'Brian McKenzte Ken Fuchs Chester Dobeck Brad Estes John Keschl June 29, 1993 ~n$oner Voll~ ~ov~d, seconded by Co~atasionsr Matthe~ and carriedunani~ou~l¥, that the C~ranty ~anager or his designee be authorized to l~pls~ent the local regulation opportunities provided by th~ '1992 Cable Act'; authorize staff to begin the process of a wrttt~s~-co~nt procedure for rats regulation; and that Resolution 93-270 be ~dopted, noticing the cable operators of the County's intent to enforce cu~toeer service standards. 0007, ,.. 59 Page 20 June 29, 1993 (2~6) DISCUSSION OF TKE POINT~ MARCO PUD - STAFF DIRECTED NOT TO CONTINUE WITH THH ~ TO TKE PUD; ~TAFF TO PROCEED WITH SLO~-TAE~ Commissioner Saunders stated that the Board received a memorandum from County Attorney Cuyler (copy not provided to the Clerk's Office), stating: "In my opinion the Board of County Commissioners is not authorized to amend the Points Marco PUD to require that the parking lot be deeded to the County for the benefit of the general public rather than to MICA for the benefit of the Marco Island residents only." Commissioner Volpe remarked that he understands that the County Attorney is recommending proceeding with a s/ow-take which was origi- nally authorized by the Board of County Commissioners and not proceed any further with the process of the Points Marco PUD amendment. County Attorney Cu¥1er stated that Commissioner Volpe's understanding ts correct. He revealed that the Issue of the slow-take is a policy decision, as to whether the Board desires to acquire the parking lot. He noted that advantages of the s/ow-take are: the developer has Indicated that there would be the opportunity to discuss a possible negotiated settlement; and there ts the ability to know the price of the property before title is taken and a commitment made relative to payment of that price. Oo~m/mio~e~ Con~tantine ~oved, leconded by Comielioner Norris ~ c~Tled ~nimly, that staff be directed not to continue with the m~s~nt to the PUD document. Oomm/mio~er Oonmtanttne ~oved, seconded by Co~miseioner ¥olpe ~ carried 4/1 (¢~teatoner lorrls opposed), that staff be directed to pl~c~with the (395) Ztesl#10D DZSC't?~SZ~OF COUITY~&G~R CONTRACT - CONTRACT AND JU~IZIIIN]~["i~ ?0 ~ CC)~['L'TII&IJI~I~tS ORDZN&]I'C~ T0 B~ DZSCUS$~D ON 7/20/93 Commissioner Constantine announced that he and County Attorney Cuyler met with the County Manager. He reported that the County Page June 29, 1993 Manager does not want to go through the negotiation process five dif- ferent times and desires one assigned person in this regard. Commissioner Constantine revealed that he will be attending a meeting on July 14 to discuss the Manager's contract. He remarked that the Manager has retained counsel, but his counsel may or.may not be in attendance at that meeting. Commissioner Constantine stated if the members of the Board have any particular area of concern, he will be pleased to discuss these at the July 14th meeting. Commissioner Matthews indicated that she has questions with regard to the ordinance establishing the County Manager's office. Commissioner Constantine explained that this issue will appear on the County Commission agenda of July 20, 1993. Commissioner Saunders questioned whether the desire of the Board is to direct the County Attorney to review the ordinance and bring it back to the Commission for amendments. It was the consensus of the Board that the County contract and amendments to the County Manager's Ordinance will be discussed at the Regular Co.mission meeting on July 20, 1993. Item A~REE~ENT FOR MAIL BALLOT ELECTION SERVICES BETNEEN TH~ CITY OF ~APLES AND COLLIER COUNTY - APPROVED WITH AMENDMENTS Commissioner Volpe stated that the Board of County Commissioners is the owner of the ballot tabulating equipment. He noted that there is a proposal to lease this equipment to the City of Naples in connec- tion with the special election scheduled for October 5, 1993. He explained that the City would make arrangements with various vendors and provide the support services that would be required to conduct the special election. Commissioner Volpe cited concerns w~th regard to the Board of County Commissioners actually renting the tabulating equipment to the City of Naples. He revealed that the agreement provides that the Page 22 June 29, 1993 equipment would be leased to the City for $I.00. He revealed that Supervisor of Elections Morgan approximates that there will be a cost of approximately $1,500 - $2,000 per work station. He reported that the agreement contemplates one work station and a card reader. Commissioner Volpe advised that it has been brought to his atten- tion that in the unlikely event of a court challenge to the results of the October 5th election, there is the possibility that the equipment which is owned by the County and leased to the City could be sequestered. He remarked that the County would have to go out and lease replacement equipment during the pendency of the lawsuit. Assistant County Attorney Weigel explained that the agreement does provide for a $26,000 bond or a reserve to be held ~n escrow by the County in the event of sequestration of the equipment, and the County would be able to cover the equipment loss during the ~nterim. Commissioner Volpe remarked that he does not believe the County should get into the habit of leasing its equipment to the C~ty of Naples for anything other than a fair and proportionate share of same. Colltostoner Volpe moved, seconded by Co~mlsaioner Constantine and c~rried ~m~ntloull¥, to approve the Agreement for the lei1 ballot election between the City of Naples and Collier County for the elec- tion to be held on October 5, 1993, w~th the alendaent that con- aideration be paid to the County for the rental of the Coqnt¥~s Ballot Tabulation Equll~lent to reflect the City's pro-rata share not-to- exceed $2,000. Page 23 (10¢0) Itw~#14 BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS June 29, 1993 Commissioner Volpe requested that the Board be brought up to date with regard to the discussions that are taking place with the aviation flight school. Affordable Housing Director Mihalic announced that there have been no discussions since the negotiations terminated between Lee County and the flight school. Me indicated that there have been a couple of telephone conversations with the principals of Aviation Career Academy and they will be visiting with staff during the first two weeks of July. Commissioner Volpe suggested that the Couisston formalize the procedure with regard to who will be conducting the negotiations and with whom. It was the consensus of the Board that Commissioner Matthewm be designated to conduct preliminary discussions and bring back a re~ort to the Co~tseion after each meeting. Code Enforcement Supervisor Clark advised that staff met with residents of Cope/and regarding a clean up of the area which has remained unattended for quite some time. He indicated that house safety and health issues are very apparent. Mr. Clark requested that the Board consider the waiver of tipping fees for the next two weekends in Cope/and. Oo~mimmt~er Oonstanttns moved, seconded by Co-missioner Matthsw~ and Om-Tied unanimously, to waive the tt~ing fees for the clean up in Copula, u reqne~ted by staff. Code Enforcement Supervisor Clark stated that approximately three years ago, a developer came before the Board to request a variance to allow an upscale type building with servants quarters, however the ordinance prohibited this. He recalled that the Land Development Code (LDC) was amended to allow servants quarters, however, there ts a loop-hole. Page 24 June 29, 1993 Mr. Clark reported that the LDC states if a structure is 2,~00 square feet or greater, a primary kitchen and a secondary kitchen is allowed. He pointed out that there ts a structure on 39th Street S.W. a~d White Boulevard that looks like a duplex. He noted that this building has two separate laundry rooms and two kitchens and a 2' x 8' separation wall down the middle. Mr. Clark explained if the current language in the LDC allows this, he does not believe it was the Board's intent to have this occur, and if in fact it is not, staff could be directed to draft amendments to the LDC to prohibit this. Commissioner Volpe stated that it seems that this structure should be red-tagged if a violation is suspected and not to al/ow for this to occur pending the adoption of any amendments to the LDC. Mr. Clark advised that staff will investigate to determine whether they can proceed in that direction. C~tnt~ner M~tthew~ ~oved, seconded ~ Co~ioner Vol~ ~d c~ri~ mt~ly, t~t ~taff ~ directed to a~ert~oe ~ ordtn~ce to ~ ~ ~d ~elo~nt Code. Co~tsstoner Saunders remarked ~hat Commissioner Ma~hews would like to ~nterview the would-be appointees to the A~rport Authority. Co~ss~oner Matthews affirmed that she would like to interv~ew the people applying for positions on the Airport Authority. Co~tssioner Saunders suggested that Admin~stratfve Assistant to the Board F~lson contact the City regarding the criteria used in eva- luat~ng appltcatfons for the City of Naples A~rport Authorfty and d~strfbute same to the Board to be d~scussed on July 20, 1993. ST~S ~CATIONS Environmental Services Administrator Lorenz recalled that the Board has expressed a desire to conduct an evening workshop to discuss the Landfill expansion. ~ con~en~ of the Bo~d wa~ for staff to advert/se the workshop Pag~ 25 .3'~ma 2g, '~993 for Septelber 8, 1993, at 6:00 P.H. Mr. Lorenz remarked that during the public hearing of the Habitat Protection Ordinance (HP0), staff was directed to develop the Natural Resources Protection Area (NRPA) Program and blend same into the ordi- Mr. Lorenz advised that staff would like to present to the Board, concept alternatives as to how the HPO could be worked into an NRPA program. He suggested that a workshop be held later in the year as opposed to right away, since this would allow staff to work with EPTAB in developing the concept alternatives. The consensus of the Board was that a workshop will be held Septelber with re~ard to the Natural Resources Protection Area Progru. Assistant County Manager Hargett stated that the June 22, 1993 agenda packet contemplated that should the Commission desire to impose the gas tax and do so by referendum, a referendum date was suggested for some time after January for implementation of the tax in September, 1994. He reported that it is legally possible to hold a referendum prior to November 1, 1993, such that a gas tax could be imposed this year. Commissioner Saunders remarked that a public hearing has been scheduled for August 3, 1993. Assistant County Manager Hargett noted that each year the National Association of Counties presents awards for incentive programs, effi- ciency and productivity. He advised that Collier County has been recognIzed in 21 different areas and presented awards for these programs. *** Co~lissloner Vo/pe loved, seconded b~ Commissioner Mltthe~l ~nd carried 5/0, that the fo/lowing 1tell under the con- ~ent i~enda be approved and/or adopted: Ite~916&1 FINAL FLAT OF "CARLOS TWO SUBDIVISION" Item ~16A2 FINAL PLAT OF "FORSTER ACI~E" I~DOK O00PAC,£ 75 Page 26 3'un~ 29~ 1993 MATER FJI~ILITIES ACCEPTA.qCE FOR PEBBLE SHORE CONDOMINIUM - MI'IH S?IFULATIOI~ AS LISTED Il TR'K KXKCUTIVE OR Book Pages NOTE, Docume2ts not received in Clerk to Board Office as of August 11, 1993 FACILITIES ACCEPTANCE AND LETTER OF CREDIT AS SECURITY FOR LAKESIDE AT CITRUS GARDENS - WITH THE STIPULATIONS AS LISTED IN THE EX~CUTIV~ SU~t&~¥ OR Book See Pages NOTE, Documents not received in Clerk to Board Office as df August 11, 1993 ACCEPTANC~ OF LETTER OF CI~EDIT AS SECURITY FOR LANDSCAPING FOR SITE DL~FELOFM~NT PLAN NO. 92-104 "PUBLIX EXPANSION AT PAVILLION' See Page Ira ACCEPTARL'~ OF A CHECK AS SECURIT~ FOR ~SC~IN~ ~R SI~ D~LO~ ~ ~. 92-113 "N~KS ~CLING ~S0~CKS" ACCEPTAIUE OF A PI~FORMANCE BOND AS SECURIT~ FOR LANDSCAPING FOR SITE DEVELOPg~IT PLAN NO. 92-139 "GREY OAKS MAINTENANCE BUILDING' See Pages ...... ~ _(~ -~ ~O Itela ,16A0 ACCEPTANCE OF A CASHIEr'S CHECK AS SECURITY FOR LANDSCAPING FOR SITE DEVELOPgI~IT PLAN NO. 91-178 "IMMOKALEE HEALTH CLINIC" Item #26A9 - ~3ved to ~8A1 Item #16A10 RH$OLUTION 93-260 ~LE I~EELIMINAI~Z ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATE~ AND $~WER IMPROVEMENTS FOR THE FINAL PLAT OF 'PEBBLE SHOI~ES' - WITH TH~ STIPULATIONS AS LISTED IN THE EXECUTIVE SUMMARY See Page ~ Item,l~All - movl~ to ~8A2 Item ,16A12 THE FIIAL FLAT OF "SILVER LAKES, PHASE TWO - ~ ~ STI~TIONS AS LZ~ IN ~ m~I~ s~ OOK 000P,o . 76 Page 27 Sune 29, .1.993 OUTSIDE A~ SERVICES PROVIDED TO THE CODE ENFORCKM~NT BOARD Ite~ #16B1 - ~eleted Itel~/6B2 RESOLUTION 93-261 AUTHORIZING THE ACQUISITION OF PERPETUAL RIGHT-OF-MAY, UTILITY, DRAINAGE AND MAINTENANCE EASEMENTS, TEMPORARY CONSTJtUCTIONEASK3q~NTS OR FEE SIM~LE TITLE RE IMPROVEMENTS FOR THE SIX-L~J~I~UG OF GOLDEN GATE PARKWAY FROM GOODLKTTE-FRANK ROAD TO AIRPORT-I~2LLING ROAD See Pages Ite~u #16B3 RESOLUTION 93-26~ AUTHORIZING THE ACQUISTION OF PERPETUAL RIgHT-OF-MAY, UTILITY, DRAINAGE AND MAINTENANCE EASEMENTS, TEMPORARY CONST~UCTION EASEMHNTS OR FEE SIMPLE ~ITLK RE SIX-LANING OF AIRPORT-PULLING ROAD FROM GOLDEN GATE PARKWAY TO PINE RIDGE ROAD S.e P ges 1 10.,-, 1 1 9 SUPPLKNXXTAL AOREKMXNT NO. 5 WITH WKSTWIND CONTRACTING, INC. FOR C0NSTNUCTION IMPROVEMENTS TO IMMOKALEK ROAD BETWEEN U.S. 41 AND 1-75 see Pages Item ,16C1 CONTINUATION OF SERVICES FOR SENIORS CONTRACT WITH NATIONAL GUARDIAN SECURITY SKlqVICKS CONTINUATIO~ OF SK]~FICES FOR SKNIORS CONTRACT WITH CARE CLUB OF COLLIER OOUJITY, INC · Item #16C3 BUDGET AMENDMENTS IN THE LIBRARY TRUST (FUND 612) LIBRARY CIP (307) AID CAPITAL REVENU~ (196) FUNDS A 8500.00 CONTRIBUTION TO THE COLLIKR COUNTY 4-H HORSE JUDGING TEAM REPRESENTING tHE STATE OF FLORIDA AT REGIONAL AND NATIONAL COMPETITION IN NORTH CAROLINA AND KENTUCKY Item el6D1 Pa~ 28 June 29, ~993 BID 1~1~-2024 INIRDZD FOR MASTER LIFT STATION DISCONNECTS AND J-BOXES TO BEWTLEY ~'.,ECTRIC COMPANY, INC. IN THE AMOUNT 0F $92,623. AJ~JO)IIA LEASE AGREEMENT WITH PB~S CHEMICAL CO., INC. FOR AI~IONIAAND AN A~B~ONIA TANK AT THE NORTH COUNTY REGIONAL HATER TREATMENT PLANT It~ #16D3 CHAIRMAN TO EXECUTE AR APPRAISAL AGREEMENT WITH HANSONAPPRAISAL COMPANT FOR THE APPRAISAL OF THE PROPERTY TO BE ACQUIRED FOR THE INSTALLATION OF UTILITIES MASTER PUMP STATION PS 1.02 ON WIGGINS PASS ROAD, AT THE LA~TF~t PUD $.e page. / Ite~ ~l~D4 FINAI~IZATION OF TH~ CONSTRUCTION CONTRACT WITH FLORIDA STATE UNDE~ltOUNDPORTH~ RATTLESNAKE HAMMOCEROAD FORCE MAIN PROJECT AND AUTH~H~/ZE TH~ UTILITIES ADMINISTRATOR TO EX~CUTE FINAL PAYMENT Item FINALIZ&TIO~ OF THE C0~TRUCTION C01~T~ACT WITH D. N. EIGGINS, INC. FOR TH~ ~ COUNTTREGIONAL W~A~ ~~ ~S~ I~O~S ~0~ ~ A~ORI~ ~ ~ILITIES ~NIS~TOR TO ~~ FIN~ PA~ FIRA~ C~XGE o~ No. ~ ro T~ CONSTHUCTION CONTRACT WITH Roc]crr INDUSTRIES, INC. FOR THE GOLDEN GATE WELLFIELD EXPANSION CONTRACT NO. Item ~16D7 CONSENT TO USE EASEMENT AGREEMENT WITH THE VILLAGES OF EMERALD LAE~S IV FOR lW~A~ OF DRIVE APPROACHES TO DUMPSTERS OVER A PORT OF A UTILIT~E~T DE~ TH~ PItOI~ERTYFOI~MERLY KNOWN AS THE EVERGLADES CITY JAIL AS SUI~PLU~ AND AUTHORIZE STAFF TO ADVERTISE THE PROPERTY FOR SALE - WITH TH~ ~'~I~U~ATION~ AS LISTED IN THE EXECUTIVE SUMMANY AGRK~ENT~HICH PROVIDES FOR $100,000 FROM THE GAC LAND TRUST TO PAY FOR A I~TION OF TH~ DESIGN AND ENGINEERING EXPENSES REQUIRED TO CONSTltUCT THE GOLDEN GATE ESTATES COMMUNITY PARK - WITH TH~ STII~ILATION~ AS LISTED IN THE EXECUTIVE SUMMARY Page 29 See Pages June 29, 1993 BID ~9S--2020 Jt~D~ TO SCOTT LESTER, INC. FOR THE 'REMOVAL OF THE COLLIer ~ GOVERNMENT CENTER MOTOR VEHICLE FUEL FACILIT~TM JLPPROI~t/&TE ADDITI011AL CJLRRY FORWARD I~ FLEET IO. RAGE~E]IT FUND (521) Item ICC~F/A)I%I O! A It.lL FROFE~TY ~ IFITI~$? AFD II~COTIOR OF AN ASSIGI#~NT AND ASSUMPTION AGREEMENT BETWEEN COLLIER COUNT~ AND SOUTH FLORIDA MATER MANAGEMENT DISTRICT FOR THE ASSIGNMENT OF DRAINAGK RIGBT~ AND MAINTENANCE RESPONSIBILITIES CONTAINED IN THE COOPERATIVE A~ BHTWEEN TEE PARTIES DATED FEBRUARY ~9, 1991 - WITH THE STIP1]L&TIONS AS LISTED IR TEE EXECUTIVE SUMMARY CERTIF/C&T~S 0F CO~IOR ~0 ~ 1991, 1992 ~ 1993 SOLID See Pages Item Jla! - Deleted RI31OT%~ OY BIN ]POR BID NO. 93-2044 AND AUTHORIZATION TO RE-AD~E~I~ FOR BIDS TO PROVIDE MEDIAN AND SELECTED l~IBLIC J3/A GROUND~ I~kIXrl~ANC~ FOR TH~ I~D~OKALEE BEAUTIFICATION M.$.T.U. Item APTltO~A~ OF CHANGE ORDERS TO DATE FOR T~T PI]F~ RIDO! INDUSTRIAL PARK lqtOJ~GT Jk)lD AN ADDITIONAL RANGE FOR FUTURE CHANGE ORDERS FOR SAID WIS~OUS CORRESPO)IDERCE - FILED ARD/OR REFERRED The following miscellaneous correspondence was filed and/or referred as presented by the Board of County.Commissioners: Page 30 June 29, 1993 CERTI~ICA~ OF COKRECTION TO THE TAX ROLLS AS PRESENTED BY THE 1992 TANGIBLE PERSONAL PROI~ERTY NO. 1992-138 Itea~1~32 EXTR~AINTIM~ FOR INMATE NOS. 80582, 54541, 62825, Date 6/11/93 62325, 48719 AND KESOE~TI~I 9S-263 R~ SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE I~ZD II FULL TEE 1991 SOLID WASTE COLLECTION AND DISPOSAL SE~FIC~ ~J~CIAL ASSESSMENT LIENS - ADOI~EED See Pages iT& -- 0~. O~ RESOLUTIO~ 93-264 I~E SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAFE PAID II FULL THE 1991 SOLID WASTE COLLECTION AND DISPOSAL SERFIC~ SP~CI&L ASSESSMENT LIENS - ADOPTED See Pages ~. O /" J/~ There being no further business for the Good of the County, the meeting was adjourned by Order of the Chair - Time: 1:15 P.M. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF ~ SPECIAL DISTRICTS UNDER ITS CONTROL v as pre~ehted .. or as corrected Page 31