BCC Minutes 01/12/1993 R Naples, Florida, January 12, 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
been created according to /aw and having conducted business
..!i!i:herein, met on this date at 9:00 A.M. in REGULAR SESSION in Building
i.. "F" of the Government Complex, East Naples, Florida, with the
..',"following members present:
CHAIRMAN:
VICE-CHAIRMAN:
Burr L. Saunders
Timothy J. Constantine
John C. Norris
Michael J. Volpe
Bettye J. Matthews
:?~'~ :' ALSO PRESENT: John Yonkosky, Finance Director; Linda Warner,
i'j'Ellie Hoffman and Annette Guevin, Deputy Clerks; Nell Dorrill, County
Manager; Jennifer Edwards, Assistant to the County Manager; Ken
~.. ' Cuyler, County Attorney; Richard Yovanovich and MarJorie Student,
; Assistant County Attorneys; George Archibald, Transportation Services
· Administrator; Frank Brutt, Community Development Services
'[[Administrator; Tom Olliff, Public Services Administrator; Leo Ochs,
.i'. Administrative Services Administrator; Dave Pettrow, Site Development
~.]'~ .Review Director; Ken Baginski, Current Planning Manager, John
ewski, Project Review Systems Manager; Dick Clark, Code
i~Enforcement Supervisor; Russ Muller, Transportation Project Management
i~[ Engineer; Ron Nino, Bryan M~lk and Ray Bellows, Planners; Sue Filson,
Administrative Assistant to the"Board; and Byron Tomlinson, Sheriff's
~. Office.
Page
~anuary ~2, ~993
- APP~OFED WITH CHANGES
.Co~iomloner Volpe ~oved, aeconded by Conissioner Norria and
5/0, to approve the agenda with the changes as detailed on the
:.,..A~enda Chan~e Sheet and with the following additional changes:
1. Item #160! - Recommendation that the Board of County
Commissioners approve budget amendments for the Parks and
Recreation Department to reallocate Capital Improvement Funds
previously approved by the Board in the 1992/93 budget -
Moved to #8C1
Item #16E3 - Recommendation to award bid #92-1954 to T.E.C.
Construction, Inc. for re-roofing and HVAC replacement for
the Col//er Health Services building in Iuokalee - Moved to
#8E!
Item #16G1 - Recommendation to approve Addendum No. 2 to the
original Agreement with Law Environmental, Inc. for
engineering/environmental work tn Water Management District
No. 6 (Lely and Lely Manor Basins) and approval of the
necessary budget amendment - Moved to #8G!
Item #8H2 - Discussion of Position of Assistant County
Manager - Added
Page 2
.-%
~i;~;", January 12, 1993
', S2e) ·
The motion for approval of the consent agenda ~s noted under Item
~(~38)
OF THE RE(~LAR NXETIN0 OF DECENBER 22, 1992 - APPROVED
. '. Co~tsaionar Volpe moved, eeconded by Conisstoner P~tthews ~nd
i!,.c~rl~ ~~ly, to approve the Ntnutes of the Re~lar N~ttng of
;':~:i':'~c~ 22, 2992.
(s~o).
,~?'"" Upon reading and presenting the proclamation to Haines Retchel
~"' 'Cos~dulox~r Co~t~ntine ~ov~d, eeconded ~ Co~i~sioner Vol~ ~d
':~' carri~ ~/~ly, to adopt the proclmtion dest~attng the wk of
. ~~ 17 ~gh 23, 1993 is ~le Nartin Tt~ tn Collier C~W.
,?'?' .
Page 3
January 12, 1993
C°ntssioner Volpe congratulated the following employees and
'~r'e~ented 'their service awards:
Kevin Hendrtcks
Juan M. Ortega
Valerie Thorsen
Barbara J. Haskins
ltn,d~2&2.
5 years Real Property
5 years ENS
5 years EMS
5 years Utilities
*?BUDGET AM~ 93-101/102 and 93-105/107 - ADOPTED
Commissioner Volpe ~oved, seconded by Co--tesioner Matthew~ and
'::~:.carrtedunanlmou~ly, that Budget A~endments 93-101/102 and 93-105/107
~. Irma
~j :* !.' ..
:!DISCUSSION OF SI~N~ AND STRIP LIGHTING ON BUILDINGS - STAFF TO RETURN
NITR AMEND~lENT TO SIGN ORDINANCE
Frank Brutt, Community Development Administrator, outlined the
?.[problem that has evolved in permitting signs and buildings where
lighting ts involved. John Wtlver, Customer Service and Permits
Supervisor, handed out photos and excerpts from the Collier County
Land Development Code defining signs. Mr. Brutt explained that the
>"?.Outback Steakhouse ts the only sign permitted under the sign ordinance
'' ;/~n outright violation but there is much confusion about the type of
l~ghttng and the amount of strip lighting allowable on the outside of
'.'.buildings and whether it ts considered "sign" or "building".
~ · Commissioner Saunders inquired if there have been any complaints
ii/('!from the public, to which, Mr. Brutt said only regarding the Outback
~/~i(]. and Checkers.
. Commissioner Norris asked the intent of bringing this information
!';J~.~efore the Board and stated that if the Ordinance ts not working, a
~hange tn the interpretation of s~td ordinance is necessary.
;~ ?"-' The following people spo~e to the item:
,600K O00PAG£ 1~
Page 4
January 12, 1993
· .~ Don Ptckworth Mike Davis
u,. Charlie Andrews Michael Boyd
Responding to the comments by Mr. Andrews concerning the lack of
street numbers on commercial buildings, Commissioner Matthews noted
that there ars other communities which have added the street numbers
to the street name signs for ease in locating an area.
Mr. Bruit suggested a committee be made up of staff, attorneys and
:,i,.atgn contractors to define strip/accent lighting in order to clarify
.the ordinance.
;~,, Coll/elloner Cor~tantlne I~OVed, to direct staff to come up with
!/!'a defXn/tion for accent lighting tn concert with the legal staff
f~ ~t ~k to the ~d.
~f,<.[,'~. Co~ssioner Saunders asked if there ts ~y obJect~on to having
. the staff work with the industry in coming up with a
perhaps Including Mr. Davis, Mr. Plckwor~h and Mr. Boyd on the
.tee, to which Commissioner Constantine replied he has no objection.
~.~!',;..- Commissioner Volpe inquired if Commissioner Constantine would con-
:[~(f.'eider expanding the motion to include not only the accent lighting but
also building illumination, to which Commissioner Constantine agreed.
Co~a/esioner Constantine aended the motion to Include
' ,'-; ~Co~luXm$toner Volpe'e concerns and Commissioner Volpe seconded the
t Mr. Bruit in. ired If Burger King should be allowed to install new
:. ltght~ng or hold a signed permit until the Board has made a decision
on the ordinance.
.~!~. Commissioner Constantine advised that allowances should be con-
,tent with what has been done for the last several years until new
'definitions for the ordinance have been established.
~ii~ii.; gpml~lLll for the q~eetton, the motion carried
(2662)
~'i.!:iXtl~atfeBl ·
~P~~ ~STIN~OUSE C~ITIES OF N~ES, INC.
- ~~~ ~IES ~ P~T OF ~ ~LIMIN~Y DKSI~ OF V~ILT
: ~ ~ - ~~ ~I~ STI~TIONS
Transportation Services Administrator Archibald reviewed the
Project Services Agreement a~ reflected In the Executive Summary.
Page 5
"~'~'!~,.',*:i, i* 3anuary 12, 1993
· )ii.i:,' Com~issioner Matthews expressed concern with regards to
!;Westinghouse of Naples being sold and whether the County could require
the successors and/or assigns to fulfill the Agreement.
Mr. Archibald replied that both parties can terminate the contract
i]~:~.~-within 10 days, adding that the consultant will be sending all his
:!.:. work to both the developer and the County eo if one party decides to
. : terminate the contract, the other party has the ability to continue
::'with the road project.
~(~'/i'Mr. Lou Hoegsted of Westinghouse of Naples addressed Commissioner
~.'cMatthews concern, noting that if the County withdrew from the
.Agreement, Westinghouse would be in the same position, adding that the
termination agreement works both ways.
'"':): · . Commissioner Saunders explained that that issue is addressed in
~. The fo/lowing person spoke to this item:
Fred Tarrant
Co~ieelonsr Norris ~ov~d, seconded by Co~missioner Volpe to
.,. accept th~ l~e~ndation to approve the two party agreement with
":~e~ti~ou~ Communities for the preliminary design of Vanderbilt Beach
Commissioner Saunders asked if the motion contemplated the two
.recommended changes to the contract: one on page 4, paragraph (F)
:han~in~ the word "may" to the word "will" and the crediting of the
mpact fee.
Commissioner Norris advised the motion includes those two changes.
Upon call for question, the motion passed unanimously.
Page 6
January 12, 1993
.. ess :De~at~ Clerk Hoff~an replaced Deput~z Clerk Warner at this tame
~12C3
OKDXI.,I~ICg 93-:2, ~T:]:NG TH~ COLLIg.R CO~"I'Y PUBL'rC H'K~TH
Legal notice having been published in the Naples Daily News on
[".December 22, 1992, as evidenced by Affidavit of Publication fi/ed with
the Clerk, public hear/ng was opened.
;:/-' Public Services Administrator Olliff stated that this item is a
j,.re~ueat for the Board to review and adopt an ordinance to create an
;~L'advisor¥ hoard relating to the Collier County Public Health Unit. He
indicated that a brief overview of the ordinance provides for a seven
..member Board: five members representing each of the Commission
-:Districts and two at large members.
Mr. Olliff reported that this advisory board would focus on the
':3 relationship that the County has with the Public Health Unit. He
explained that this board would focus on the funding, business aspect,
and the services provided using County funding.
Mr. Olliff advised that there is another advisory board, dealing
i~::[..with the Public Health Unit, which has been created by the Health Unit
i~?Staff. He remarked that this is a large, diverse group comprised of
'~28 members.
(:...: The following p-.rsons spoke with regard to this item:
Dr. Jane Polkowski
:..-Dr. L. S. Moore
Ann Campbell
~eorge Keller
Commissioner Volpe indicated that the emphasis of this board
?'~.'ahould be to Improve the linkage between the advisory board, through
.!~CAttzen Input and the Board of County Commissioners for providing the
for the Public Health Unit. He explained that tn his view,
.~'the issue of funding public health ts one of the most Important func-
t:. tions that the counl¥ is dealing with in terms of dollars and the ser-
'~:" e
~?:~- vic s provided.
!g':.. CollAaalontr Volpe loved, seconded lr~ Co~ieaioner Coat,tine ~d
Page '2'
3~nuary 12, 1993
c~z'rled un~ntmly, to close the public hearing.
Comm/Ntoner Volpe ~ved, seconded ~ Coaisstoner Sanders ~d
~t~ 4/~ (C~ts~ioner Const~tine op~sed), t~t Ordtn~ce 93-2
~ ~tered Into Ordt~ce ~ok No. 59.
01~D/IE&II~ 95-3, ltB P~TITION 1~D-87-2(2)0 BILL VIN~S OF Vl]l~$ &liD
~'~J~SOCZ&T~o 'INC. ° RIPR~S~I~TING LONG~IIOR~ ~ 30IRT V~NTUI~,
R~QUI~TI~3 & R~ZON~ FRON PUD TO PUD I~NOWR AS LONGSHOR~ L&][~ PUD -
&DOFTID ~UB3~CT TO ADDITIOR&L STIPULATIONS
Legal notice having been published in the Naples Daily News on
i-';.;i[,:.December 3, 1992, as evidenced by Affidavit of Publication flied with
ithe Clerk, public hearing was opened.
~[:i Commissioner Matthews advised that she lives at Longshore Lake and
n0ted that she has been very active In the Residents~ Association,
which ts unrelated to the developer. She Indicated that she had been
?'active in the negotiation process relating to the development of the
i~!PUD amendment, but has been advised by County Attorney Cuyler that
there is no conflict of Interest.
~,:.i Planner Ntno presented the amendment to the PUD which seeks to
,.modify the development regulations for that part of Longshore Lake
which is currently unplatted. He reported that this amendment would
)~--~: have the effect of reducing the lot sizes in the unplatted area.
Mr. Ntno stated that if approved, this amendment would allow the
,*reduction of new lots in the southern portion of the Longshore Lake
, as depicted on the displayed map, He noted that the lot sizes
!~would be reduced from 10,000 square feet to ?,?00 square feet, with
!455~ frontages. In addition, he remarked that the amendment proposes
?':.:i.l..t° re-classify the land where multi-family units are now permitted to
single-family units. He noted that 6,000 square foot lots ~rould be
.created tn that area for single family housing.
Mr. Ntno explained that tn addition to the lot size changes and
elimination of multi-family housing, the developer proposes amend-
:is~nts to Increase the minimum floor area tn the areas of various lot
Page 8
January 12, Z993
Sizes. He indicated that currently, this PUD allows homes of 1,250
Square feet, however, the effect of this amendment would provide the
minimum house size in the 10,000 square foot lot area to 1,800 square
feet; Z,600 square feet in the 7,700 square foot lot area; and a
~ of ~,400 square feet in the 6,000 square foot lot area.
Mr. Ntno advised that staff directed the petitioners to update the
:" . PUD document so that appropriate references are made to offices admi-
nistering the Land Development Code (LDC), and to ensure that referen-
ces to the various sections of the Zoning Code are now references to
-LDO.
Mr. Nino announced that this petition does nothing to change the
ii~.~ relationship to elements of the Growth Management Plan. He stated
i]i'i?'/:that official/y, a reduction in density of 46 dwelling units would
.come about if the PUD amendment is approved.
~" ' ' Plarmer Nino stated that at the public hearing on December 17
.1992, the Planning Commission unanimously recommended approval of this
i~' .Mr. Nino divulged that four letters of opposition to this amend-
~s~t have been received.
]?" ' There were no speakers.
Coll/emio~er Volpe loved, seconded by Couissioner Norris
'ClXTtI~ ~nlnii~m~ly, to close the public hearing.
· Co~*el~oner Volpe ~oved, seconded by Commissioner Matthe~m to
Ippz~l P~3D-87-2(2). Upon call for the question, the Io~ion
3/1 (OollilliOnlrl Norris ~nd Constantine opposed).
Commissioner Norris c/ted that his main concern is that the lots
are small and people who purchased property in this area are under the
assumption that the minimum lot size would be 10,000 square feet.
~" Commissioner Constantine remarked that hie concerns are similar to
iCommissioner Norris', noting the importance of standing by the
~marketing concepts, one of which was the limited number of units and
:~ '.:.'the specific size of those units which was a strong selling point.
Commissioner Matthews recalled that the developer presented the
"" 000 25
Page g
January 12, 1993
. question to the Advisory Board and the Residents' Association and It
nas the Residents' Association that requested that Phase § be made
?Sm&ller than Phase 4 because there were people who had purchased lots
"that backed up to this area and were under certain assumptions t.e
the view across the lake would be that of houses that were similar to
what they built themselves. In addition, she noted that the
i'Restdents' Association requested that the developer eliminate from the
i,:,.pUD al/ references to mu/ti-family units
,';,V.' ' Commissioner Matthews indicated that a Residents' meeting was held
· on December 3, 1992 and a straw vote of 87~ of those present resulted
in concurrence with the PUD change.
Mr. Joe Zacks, representing the Longshore Lake Homeo~ers Advisory
' Co~ittee spoke in favor of the proposed PUD amendment.
C~ssto~r Coat,tine ~ved, seconded ~ Co~tsstoner ~tth~
Co~tssloner Volpe remarked that Issues have been brought out
:~...,~ during the later part of this debate and apparently there ts
an
.%~", , agreement outside the amendment to the PUD that certain of these lots
will not platted unless some determination is made. He suggested that
;,. this agreement be embodied as a stipulation Into the PUD. With regard
to l~dscaptng, he noted that he understands there ts an agreement
"' between the developer and the residents to approve the landscape buf-
~]~'~' ~ feting. He advised that this stipulation should also be incorporated
:~'~;' Into the PUD doc~ent
., . Mr. Vines stated that he concurs with the two additional sttpula-
>-, , offered by Commissioner Volpe.
· '~ C~t~ Vol~ ~ved, seconded ~ Co~lssioner ~tth~ ~d
':-: c~t~ ~i~ly, that Ordtn~ce 93-3 ~ adopted, ~b~ect to the
~ ~iti~l eti~lations ~ing ~de ~ part of the ~ do~nt, ~d
~ ~ ~902/g3 ~ - ~O~D
,,00 000 , , 26 ,'age
January 12, 1993
~' Public Services Administrator Olliff announced that this item
i'-reflecta the last of a series of steps that staff has undertaken to
'make revisions to the Capital Five Year Plan for Parks and Recreation.
~/i< ' Mr. Olliff presented a hand-out depicting the actual projects and
'areas mapped out between the current fiscal year and 1997 (copy not
'Provided to the Clerk's Office).
Mr. Olliff called attention to Page 2 of the Executive Summary,
and noted that the funds for the Golden Gate Community Cen~er project
which was scheduled for the Golden Gate Community Park has been moved
'~!nto the project for the Golden Gate Community Center sincl~ it does
~{hi~.!:~not make much sense to expand both community centers within close
.".. :proximity.
Come~ileXoner Constantine ~oved, seconded by Couiselonor Norris
·nd cm~r~edunanX~ra~l¥, to authorize the Budget Amendment~ necessary
to aXlow ~he r~allocation of Capital Improvement funds for park and
recr~tto~ development or acquisition projects.
Administrative Services Administrator Ochs advised tha~ this item
~-{..../ia a recommendation to award a bid to T.E.G. Construction, Inc., for
~"J~ths re-roofing and H.V.A.C. system replacement at the Collier Health
Services Building in Immokalee.
Mr. Ochs stated that funding for this project is provided in the
;i?: '
/.Capita! Tmprovement Fund. He indicated that outside of the roofing
'. and HVAC repairs, this asset is :n fairly good condition and staff
:...,...reco~ends that the necessary repa/rs ~o the building be made.
?:':>::.'.".'. ~t~1~ ~tth~ ~ved, seconded ~ Co~XssXone~ Norris nd
~.:.: .
f.:', Xnc,
~. 2 ~ ~ ORXGIN~ &~~ WI~ ~W ~IRO~~, INC.
~GX~XNG/~IRO~~ ~ IN WA~ ~AG~ DIS'~ICT RO.
Page
(LELY A~D L~LY MANOR BASINS) - APPROVED
2993
Water Management Director Boldt recalled that this item was
~,' brought to the Board's attention one year ago. He indicated that per-
i. ' mit applications were submitted to the Florida Department of
Environmental Re~ulation and South Florida Water Management District
iL]~ f°r the Lely Basin and Lely Manor Basins.
Mr. Boldt stated that extensive work has been done on the drainage
atlas maps and changes will be required to the application for per-
. mite. He indicated that Law Environmental will be asked to incor-
: :: porate these changes into their engineering drawings, records,
'.Computer model and report narrative to ensure that the permit appltca-
.are consistent.
.,?~:.. ~. In response to Commissioner Matthews, Mr. Boldt explained that
'"these are older systems that discharge underneath U.S. 41 into newer
/.::. ' project areas. He reported that the Villages of Sabal Bay controls
.i:.the outlet for all Lely Basin and the Lely Lakes project receives all
the water from Naples Manor.
.In answer to Commissioner Constantine, County Manager Dorrtll
explained if the Commission votes against this addendum to the
i.':[':[ :..agreement, the project will be placed on hold since failure to respond
to the request for additional information from DER would result in not
~:~}"i .havlng the environmental permits to improve the canal ways.
Co. al~Ioner Matthe, moved, aeconded ~ Co~iesion. r Norri~ and
carried unantmly, to mpprove Addendu~ No. 2 to the A~ree~ent with
Iaw~vlrom~ntal, Inc.
. Page 12 -
· ~,,., January 12, 1993
Itu ~N1 ~
CONFII~IATION OF ~G~ S~VICKS ~INIS~TOR - ~AGH~S
County Manager Dorrtll recommended the appointment of Mr. Norris
%~:~ ' IJams for the position of Emergency Services Administrator
~,g ·
County Manager Dorrtll recalled that he previously submitted a
memo to the Board, communicating that Ken Pineau, the Acting
.strator, requested to apply for the position, however, he has
not to do so.
Mr. Dorrtll indicated that Mr. IJams has a varied emergency ser-
vices background of approximately 40 years. He explained that Mr.
.IJams meets the requirements for appointment of this position, and
iii'ii, noted that he is agreeable to starting at the base level salary for
,i: Mr. Dorrtll advised that he recommends Mr. Norris I Jams for the
.'!;:.:.. position of the Emergency Services Administrator.
~ .'> Comatsstoner Volpe ~oved, seconded by Contsstoner Norris and
;ii; ,. c~rrled unanimously, to confirm the County Manager's reco~s~endatlon
~!~_;:.' of Mr. Norris IJm for the appointment of E~ergency Services
· Ad~tnlstr&tor.
{lte~ d~U2
R~ TR~ ASSISTANT COUNTY MANAGER POSITION - NO ACTION TAKEN
County Manager Dorrtll stated that he provided the Board with a
memorandum last week, outlining a process that the County has been
: involved with beginning on October 1, 1992, relating to filling the
· '¥:~, , Assistant County Manager's position. He remarked that for some period
time he had been utilizing a former colleague, who had suggested
recommendations as to the annual work program and respon-
[btltttes of the County Manager.
Mr.:,Dorrill called attention to a two page handout (copy not pro-
Page 13
January 12, 1993
Vided to the Clerk's Office), outlining the direct activities that
.affect his position in working for the County Commission that are
.absolutely essential in order for the CEO to spend his time wisely in
prudently managing an organization of $160 mil/ion and approximately
1,O00 employees.
County Manager Dorrtll indicated that the primary role of the
~":.~Assistant Manager should be the responsibility of the day-to-day admi-
'~' nistration of the organization. He noted that the County Manager,
.'outside of his direct responsibilities for the Board, needs to be more
'involved in community relations.
- Mr. Dorrill pointed out that when a comparison is made to other
igencles, Collier County is very lean at the top. He remarked that
~v-Sarasota County maintains three assistant county managers and two per-
eonal assistants to the manager.
County Manager Dorrill announced that a single ad was run for the
'vacant position and 200 responses were received. He reported that the
ii':il. ~' top three candidates are. the Deputy Chief Assistant City Manager for
St. Petersburg: City Manager of Cooper City: and the City Manager of
Bristol, Tennessee. He remarked that he is looking forward to filling
-~what. has been a personal sacrifice and a crucial position in county
government.
In response to Commissioner Norris, Mr. Dorrill stated that he
~!~"~.does not believe that he can continue to effectively supervise, direct
~and evaluate 13 individuals.
~;~!~( Co~missioner Volpe recalled that at the time of the County
!Nanager'e evaluation, he had given Mr. Dorrill high marks for the work
had performed, but noted he was unaware of certain of his respon-
· atbtlities were not being performed. He indicated that he has not
/~.°bserved that any of the work identified by Mr. Dorrill as to what he
be doing has not been done.
The following persons spoke with regard to this Issue:
Fred Tarrant
Brad Estes provided comments read by County Manager Dorrill
Charlie Andrews
In answer to Commissioner Matthews, Mr. Dorrill advised that the
"!!:i: entx-~ level salary for the Assistant Manager's position is $~S,O00,
~00~ 000 PAGE 3~ Page
January 12, 1993
noting that he anticipates fi/ling this position at $55,000 - $60,000,
.based on experience. He remarked that final interviews for the three
Candidates are scheduled for January 15, 1993.
Commissioner Volpe cited that he was not convinced during the
budget hearings or at the time Mr. Dorrlll's salary was discussed that
there ts a need for an Assistant Manager.
County Manager Dorrtll stated that the Board delegates total
~.~responstblltty Judgment and decision making for the organization to
' i the Manager who is sin~ularly responsible for the performance of the
....~organization. He related that the Board's discretion is fairly narrow
· and he does not need the Commission's approval to fill this particular
'. position.
Commissioner Norris remarked that it appears that Mr. Dorrtll is a
of his own efficiencies, however, he should be able to do what
>he desires In this regard.
Commissioner Saunders recalled that past discussions resulted In
eneral agreement that the structure of the County's personnel chart
is within the purview of the County Commission to determine. He lndi-
cared that he believes that the Commission does have the authority to
direct the County Manager to proceed with the htrtng of an Assistant
County Manager. He pointed out that he suggested via a memo that the
i -;Assistant County Manager's position could perhaps be eliminated based
!" "on the rationale that significant economic problems were being
.i!~" experienced throughout the country and tn Collier County, and this was
i'i to be taken as an opportunity for the entire structure of county
government to be evaluated. He remarked that he is not convinced that
:'~i!i,-.ithe Commission needs to fund and hire an Assistant County Manager,
~however, a very good argument has been made that another Assistant to
the County Manager ts needed to take care of many of the routine
?~i'iiesues that the Manager has been dealing with.
Commissioner Saunders advised that he believes Mr. Dorrtll has
done a fine Job, however, the position of Assistant County Manager has
not. been truly an Assistant County Manager for many years. He recom-
3.9
Page 15
mended that this position be re-evaluated in 6-12 months.
.-.:-: '' Commissioner Volpe suggested that the County Manager withhold
· filling the position for a period of time to allow for the substan-
tiation of same.
::i:'.':'. Commissioner Matthews indicated that she concurs with the
i"suggestton that the County Manager defer filling the position at this
:*,~:/,' Commissioner Constantine related that he agrees with Commissioner
:¥!isamadera' auggestion.
¢onmtsstoner Norris questioned whether County Manager Dorrtll has
¢~'~'an¥ interest tn hiring a second Asatstant to the Manager. Mr. Dorrtl!
replied that he has no interest tn this regard, and added that he
would only be wasting the Commission's money.
County Manager Dorrtll revealed that the Commission has been
:~:~,:nottfted tn ~'tttng of this process since the end of September.
related that this ts a professionally embarrassing situation since it
ts three days before the final Interviews and people have purchased
?,. airplane tickets. He suggested that at a minimum, the County has an
obligation to reimburse those individuals if the interviews are not to
'be conducted.
~,,.,~f .' Commissioner Saunders advised that the message Is that the Board
~:)!. ':of County Commissioners ts not prepared for the Manager to proceed
· :'with the hiring of an Assistant County Manager at this time. He
)~s4iggested that additional Information be provided in the future, to
"~usttfy the need for this position.
~"" County Manager Dorrtll stated that his recommendation and intent
~i is to fill the position, and the Commission has no discretion tn this
regard. He remarked that he believes there is an obligation to the
1 from Tennessee.
.::;: ~Count¥ Attorney Cuyler related that he concurs that the Commission
::.sets the structure, however, in this case the position ts already
· established and funded and the Board may request anything they desire
"-:- Of the Manager.
Page 16
January 12, 1993
Co~luloner Saundere moved, t~t the Manager, his designee or the
:,:ii'!::i.' Clerk ~e an appropriate budget a~end~ent to re~ove the money for
[!":thil p~mttlon fro~ the applicable fund for the 1992/93 budget cycle.
County Manager Dorrill pointed out that under the terms of the
: County Manager's Ordinance, this could be considered as some type of
discipline. He noted that he was unaware that this matter would be
"ill;discussed today until late in the afternoon on January llth. He indi-
'~'i'i!i.'cated that this item did not appear on the published agenda and there
~Z:may be other individuals and groups desiring to participate in a
b-. ' public forum concerning this issue. He encouraged the Board not to
take any final action today in this regard.
In response to Commissioner Saunders, County Attorney Cuyler
advised that he does not believe the Board's action to fund a position
~'~or remove a position is punitive. He indicated if further clartfica-
!:/t'ion ia desired, he would like the opportunity to review the County
'er ' a Ordinance.
CoaaAealoner Saundere withdrew the ~otton.
Commissioner Saunders remarked that he withdrew his motion since
It prevents the Manager the opportunity of convincing the Commission
that the position is needed.
'; County Manager Dorrlll stated that he appreciates the opportunity
the future to provide Justification with regard to this position.
He noted that he will attempt to reimburse the individual who has an
airline ticket that cannot be transferred. He concurreu to defer the
:.;~(i~:: final selection to fill this position until a later date when he has
~' the opportunity to convince the Board otherwise.
~;~.,,- It was the consensus of the Board to support the Manager's recom-
)~';ii,,' mendation with respect to reimbursing the individual from Tennessee
ii!ii!'': 'for hie airline ticket if it cannot be transferred. No action ~ taken on this item.
.~ see Recessed: 1:15 P.M. - Reconvened: 1:30 P.M. at which tt~e
~,., .'~ Deputy Clerk Guevln replaced Deputy Clerk Hoff~an ess
Sanua. l~ ~2, 3993
:.-~. negal notice having been published in the Naples Daily News on
December 22, 1992, as evidenced by Affidavit of Publication fl/ed with
the Clerk, public hearing was opened.
.' Planner Nino presented Petition PU-8?-?(1), requesting an amend-
ment to the Royal Wood Golf and Country Club PUD for the purpose of
reducing the rear yard requirement for screened pool enclosure space
from 15 to l0 feet. He noted the normal requirement in the Land
Development Code (LDC) for all residential zoning classifications is
that screened pool enclosures are permitted within 10 feet of the pro-
perry line. He stated the CCPC unanimously recommended approval and
i%there have been nc.objections to the petition received.
In response to Commissioner Norris, Terrance Kepple of Bruce Green
[!:&'Aasociates, Inc., representing the petitioner, explained at the pre-
i,~.:':r sent time, approximately one-half of the lots have a lO-foot rear yard
setback with the remaining one-half set at 15 feet. He said the deve-
loper is trying to make the entire development consistent, adding
requests have been received by residents wishing to put in pools, and
there is not adequate space with the current setback requirements.
Answering Commissioner Volpe, Planner Ntno replied to Staff's
knowledge, there are no areas where the developer is tn non-compliance
with the requirements in the PUD Document.
Co.~.tm~toner Volpe ~oved, seconded by Coutssioner Norris and
carrAed unanl~ousl¥, to close the public hearing.
Volpe moved, seconded by Co=--isstoner Matthew~ and
that Petition PU-87-7{1) be approved, m~ending
the Ho5~1%loo~ Golf and Country Club PUD, and that Ordinance 93-4 be
~dop~l ~d entered into Ordtr~nce Book No. 59.
O]~DIllil~ 9~-5 ~IEIIDING ORDINANCE 91-93 REGARDING PUBLIC VI~XCLE8 FOR
~IDIN~ TH~ EXPIRATION DATES OF CURRENT CERTIFIC&T~$ TO
AND V~3~ICL~e FERMIT~ FRON JANUANY 31, 1993, TO APRIL 30, I993 -
Legal notice having been published In the Naples Dally News on
December 22, 1992, as evidenced by Affidavit of Publication filed with
oo, 42 Page I.
January 12, 1993
the Clerk, public hearing was opened.
~i~i'i LeO Ochs, Administrative Services Administrator, presented an
f'a~end~ent to Ordinance 91-93, which will extend existing permits for
three months in order to permit Staff to continue working on a regula-
,'ii.~.[ tory scheme to be presented to the Board.
Commissioner Norris questioned if the extension will result in the
County losing any revenues7
ii. Mr? Ochs explained as long as the fees are collected before the
end of the fiscal year, there will be no net affect on the revenue
:/'.budget.
~taeloner Volpe ~oved, seconded by Co~missioner Constantine and
carriedunani~oual¥, to close the public hearing.
C~isaloner Norris moved, seconded by Commissioner Cor~tantine
and carried unanilou~ly, to approve the alenc~ent to Ordinance 91-93,
end that Ordinance 93-5 be adopted and entered into Ordinance Book No.
Xte~ e12C2
ORDXNA~=~ 93-6 AMENDING ORDINANCE 92-?9 TO CORRECT A SCRZVENS~'$ ERROR
IN TH~ ~T~LI~ OAE~ PUD FOR AN INCORRECT REFERENCE IN THE TITLE AND
FOR TH~ ]~UNBE~ OF UNITS AUTHORIZED FOR THE PROPERTY - ADOFFED
Legal notice having been published in the Naples Daily News on
December 22, 1992, aa evidenced by Affidavit of Publication filed with
the Clerk, public hearing was opened.
Frank Brutt, Community Development Services Administrator, indi-
cated during preliminary discussions, an error was made which
incorrectly included approximately 250 feet of land tn th~ PUD
.Document. He also indicated number of 799 dwelling units must be
i!?~.correctly reflected as 738 dwelling units in the revised ordinance.
Co~aissioner Volpe ~oved, seconded by Co~aisaloner ~atthe~ and
cax~tedm~ni~ully, to close the public hearing.
Cmaa~ia~io~ar Con~tantine ~oved, seconded by Couisaloner Volpe and
carried tmlnilou~ly, to approve the a~endlent to Ordinance 92-79, and
that Ordinance 93-6 be adopted and entered into Ordinance Book No. 59.
January 12, 1993
:'('i ii' ~SOLUTICm 93-~1 ~ mz~Z~o~ AV-92-02~, ~ a. ~ m~ HO~S
~~I~ V~ATIOI Or A ~RTIOH OF ~ P~T OF ~IT ~0. 2, ~S
Legal notice having been published in the Naples Dall7 News on
December 27, 1992, and January 3, 1993, as evidenced by Affidavit of
Publication filed with the Clerk, public bearing was opened.
Russ Muller, Transportation Engineer, presented a req~iest for
~!.. vacation of a portion of the Plat of Unit No. 2, Veterans Garden
)'./'.~ Section of Naples Memorial Gardens, including a portion of an 18-foot
drive. He said the petitioner has traditionally maintained the road-
.: , way and will continue doing so. He explained the request is for the
~ ' purpose of reconfi~uring the burial spaces. He concluded letters of
~,.,,.. no objection have been received by all pertinent utility companies,
and Staff recommends the Board approve Petition AV-92-021.
Responding to Commissioner Matthews, Daniel Conley, representing
the petitioner, stated this request refers to a plat for lack of a
.,~ better word. He said the petitioner only wishes to put on record the
!::~!:" layout of the lots so there ts a public record for referral. He
/~'advteed,. the purchaser does not buy the land, rather, interment rights
!~! ' fOr that space are purchased. He said the end result will be a
[~t:.' recorded plat, but for Staff purposes it ts a final Site Development
,. Commissioner Volpe asked if the number of burial si'cea is being
d?
~'~"; Mr. ¢onley replied the actual number of ~tte~ ~tthtn Section 2
~tton of th~ 18-foot
~. ~i~ C~t~tine ~ed, seconded ~ Contomtoner ~tt~
[:'~ ~ o~t~ ~tmly, to a~r~e Petition AV-92-021. there~
? f' ['" Page 20
January 12, 1993
~!~~, 9~-12 !~ PETITION AV-92-014, REQUESTINO TO VACA~ ~L OF
:/' Legal notice having been published in the Naples Daily News on
'~,~'December 2? 1992 and January 3, 1993 as evidenced by Affidavit of
:.'~"~h~blication~ filed with the Clerk, public hearing was opened.
Mr. Muller presented a request for vacation of all drainage ease-
ments across a portion of Tract "B" in Falling Waters, as described in
Falling Waters Replat. He explained the petitioner intends to
re-ali~n a drainage and maintenance access easement and has offered
easement replacements which Staff has deemed sufficient. Ne concluded
Staff's recommendation for approval of Petition AV-92-014.
?~" Mark Minor representing the petitioner, further explained this
request is to allow a minor reconfiguration of the site plan. He said
the easements were created as part of the original subdivis~on plat
and are all internal to the Falling Waters pro3ect. He advised there
will be no adverse affect on any drainage facilities by this action.
{N~ami~t~r Constantine mo, v~,~, seconded by Co--lssioner Norris
~nd c~t~dun~ni~u~l¥, to clo~e the ~bllc hearing.
c~i~ ~~ly, to a~r~e Petit/on AV-92-014, therel~ adopting
'4.5
Page 21
~ ~o~t~ o~ comc~ co~zsszo~x~s, CO~U~TCATZOXS
January 12, 1993
Commissioner Norris asked that the Board reconsider approving the
<,.~position of Assistant County Manager. He stated by not having an
~ASsistant County Manager, the County does not have efficient manage-
;>.iilment which may be very costly in unanticipated areas.
Commissioners Constantine and Matthews pointed out that no final
action has been taken, and they are open to receiving more information
..".' Commissioner Volpe requested the Board be provided with an update
Joint Use Agreements between the Board of County Commissioners and
the School Board with regard to making the recreational a=enities
%!.i'&t various school sites available during regular school hours to the
<'.community at large.
Jennifer Edwards, Assistant to the County Manager, agreed to pro-
!'i..ivide a report to the Board.
~ Commissioner Matthews asked that the Board consider putting
¥ travel back into the budget, which was eliminated in the
FY93 budget deliberations. She noted her District is very large and
she is expecting to travel between 450 and 500 miles over the next few
months.
Commissioner Saunders asked the County Attorney to report back
within the next two weeks on the legality of reimbursement for
in-County travel.
0.o C~~er Sanders m~, seconded ~ ConissLonoF
~ ~ c~rt~ 5/0, that the foll~i~ ~te~ ~= the con-
X~ ~ OF CREDIT ACCEPTED AS SECURITY FOR LANDSCAPING FOR
:~ SIT~ D~"FELOPMENT PLAN NO. 92-93 ~BEAR CREEK OF NAPLES".
See Pages
BOND ACCEPTED AS S~CURITY FOR LANDSCAPING FOR ~ITE
PLAN NO. 91-175 "GRE~ OAKS CLUBHOUSE~.
Page 22
January 12, 1993
See Pages
ACCEPTED FOR SURREY FLACE CONVALESCENT FACILITY
93-7 ~P'ROVING FOR RECORDING THE FINAL PLAT OF "GREY
0at'~ UI~T FO~lt' ~ITH THE STIPULATIONS AS LISTED lin THE EXECUTIiVE
.-lt~ #16A5
R~:8,OLUTZON 93-8 IPPROVING FOR RECORDING THE FINAL PLAT OF "NUSTANG
,~.....,.: VILLA~m WITH TR~ ~TIPULATZON$ A~ LISTED IN TH~ EXECUTIVE SUNNARY.
.
· See Pages F,'~. -- ~--~
IIN&L FL~T OF ~&UIKIBON COUNTRY CLUB, UNIT TWO' APPROVED FOR
~'O~DI]~I~F~ TR~ ~TIPUT~TION~ AS LISTED IN TH~ ~Im~CUTIV~ $1F~IARY.
:..;.It~l~Cl m~ed to #8C1
See Pages /~'~
93-9 A~ORIZING ~
See Page~. (~0
mCUT~O~ OF A LINITED USE LICENSE AGRE~NT BETWEEN COLLIER CO~,
~LZTZ~ ~D~ISION OF ~ STATE OF ~ORIDA, ~ THE T~D [~L~D
~, ~., A ~IDA N~-~R-~OFZT CO~TION ~R ~LIC P~ING
~ ~D ~ ~STXV~
A
See Pages
to 8G1
Page 23
:,' . January 12, 1993
~ OF ffORKTY FOR PERFORNANCE BOND NITH A NOVATION AGREKP~NT
FOR NID~JONTIiiENT ELECTRIC I~GARDING INSTALLING FIELD LIGHTING FOR
¢O~[UNITT PAR]~ UNDER A(IREEM~NT 92-1902
AND MENTAL HEALTH PLANNIN~ COUNCIL
The folloetng miscellaneous correspondence was flied and or
referred as presented by the Board of County Conntmsioners:
Page 24 :
"~'" '"' ' January 12, 1993
OF. COI~I~CTION TO THE TA~ ROLLS AS PRESENTED BT TI~
No.
/80, 84/86
/X992-86
2992
Date
12/15/92-~2/30/92
X992 TANGIBLE P~RSONAL PROPERTY
Date
[2/29/92-t/04/93,
Itm#/6J2
fi~ATI~FACTIO~S OF LIER FOR SERVICES OF TH~ PUBLIC DEFENDER
SeePages (:~' /C~/
There being no further business for the Good of the County, the
i'meettng was adjourned by Order of the Chair - Time: 2:00 P.M.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD[S) OF
SPECIAL DISTRICTS UNDER ITS
CONTROL
~~CHAIRMAN
by the Board on
'or as corrected
.,,, 000,, , 55
Page 25