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BCC Minutes 11/17/1992 R Naples, Florida, November 17, 1992 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 fo/lowing members present: CHAIRMAN: Michael J. Volpe VICE-CHAIRMAN: Butt L. Saunders John C. Norris Timothy $. Constantine Bettye J. Matthews ALSO PRESENT: John Yonkosky, Finance Director; Annette Guevln and Kathy Meyers, Deputy Clerks; Netl Dorrill, County Manager; Jennifer Edwards, Assistant to the County Manager; Ken Cuyler, County Attorney; Dave Weigel and Brenda Wilson, Assistant County Attorneys; George Archibald, Transportation Services Administrator; Frank Brutt, Community Development Services Administrator; Tom Olliff, Public Services Administrator; BAll Lorenz, Environmental Services Administrator; Fred Bloetscher, Assistant Utilities Administrator; Tom Gonrecode, Capital Projects Management Director; Steve Carnell, Purchasing Director; Tom Whltecotton, Human Resources Director; John MadaJewski, Project Review Services Manager; Vlad Ryziw, Transportation Engineer Project Manager, Ed Kant Transportation Senior Engineer; Russ Muller, Transportation Engineer; Sue Filson, Administrative Assistant to the Board; and Deputy Byron Tomlinson, Sheriff's Office. Page 1 November 17, 1992 S'WKA.RI~G IN OF NEW COMMISSIONERS Judge Hugh Hayes swore in Commissioners John Norris, Timothy Constantine and Bettye Matthews. Out~oing Commissioner Max Hasse wished the new Commissioners good luck and God's guidance in their new responsibilities. (23X) Itel #2A ELECTION OF NEW VICE CHAIRMAN Co~immioner Volpe moved, seconded by Comm/ssioner Constantine and carried unani~ouel¥, to elect Commissioner Saunders as Vice Chairman of the Board of County Commissioners. (26S) Xte~#3 ABENDA -APT~OFKDWITH CHANGES Commiamioner maunders moved, seconded by Commissioner Matthe~ and carr/edunani~ousl¥, to approve the agenda with the changes as detailed on the Agenda Change Sheet and with the following additional chan~'~a: 2. Item #10A Added - Discussion regarding Lew Schulz discipli- nary action. Item #16H! - Recommendation that the Board of County Commissioners approve and authorize the Chairman to execute a work order under the annual agreement for professional engi- neering services - Moved to #8H3. Item #16B2 - Recommendation to execute the Consulting Engineering Services Agreement with Greiner, Inc., for design of County Barn Road Four-lanlng Improvements pursuant to RFP No. 91-1688; CIE Project No. 033 - Moved to #8B2. Page 2 November 17, 1992 -,, (aGe) Xt~m CON~ENT AGENDA - APPROV~D AND/OR ADOPTED The motion for approval of the consent agenda is noted under Item ~16. (686) Itma#4 MINUTES O~ THE R~GULAR MEETING O~ NOVEMBER 3, 1992, AND SPECIAL MEETING OY NOVEMBER 4, 1992 - APPROVED Cmtletoner Saunders moved, seconded by Co.missioner Volpe and cmrrl~un~ni~r~ly, to approve the Minutes of the Re~nlar Meeting of No~r 3, 1992, and S~ectal Meeting of November 4, 1992. (eO0) Item EMPLOF~E S~ICE AWARDS - PRESENTED Commissioner Volpe congratulated the following employees and presented their service awards: Maura C. Kraus, Natural Resources Kenneth L. Hall, Traffic Operations Greta N. Eckerle, Library (6~6) - 5 years - 5 years - 5 years PROCr~AMATION DESIGNATING THE WEEK OF NOVEMBER 16, 1992, AS UNITED WAY OF CO~LIE~ COUNT~WEEK OF CARING - ADOPTED Upon reading and presenting the proclamation to Kathleen Pass~domo, Coltel~oner Saunders moved, seconded by Commissioner M~tthew~ and carried unanimously, that the Proclamation designating the Week of November 16, 1992, as United Nay of Collier County Week of CarXn~ be adopted. Page 3 November 17, 1992 C738) Zt~ ~A2, d~6A3 & #6A4 ~ODG~'~ AH~ll]]~K~$ 92-58g; 92-593; J~[D g3-2g/g3-30 - ~DO~D ComaL..toner Saunders moved, seconded by Commissioner Constantine and cLrried unanimously, that Budget Amendments 92-589; 92-593; and 93-29/93-30 be adopted. (??5) Ite~ I~SOLUTION 93-BAR-3 APPROPRIATING CARRY FORWARD AND EXPENDITURE BUDGrf$ FOR OPeN PURCHASE ORDERS AT THE END OF FISCAL YEAR 1992 - Cmeaiesioner Saundere moved, seconded by Commissioner Norris and carried unanimou~ly, that Resolution 93-BAR-3 be adopted. Page 4 November 17, 1992 (900) Item#a&l CO~IDERATION OF A WAIVER OF PERMIT CONDITIONS FOR FLORIDA SPORTS PARK EXCAVATION PERMIT NO. 59.224 - WAIVER GRANTED WITH STIPULATIONS John Mada]ewski, Project Plan Review Manager, explained the Florida Sports Park has never completed excavation activities as required under their excavation permit. He said the owner claims a hardship due to the rock encountered, noting the lake site is approxi- mately 4.5 feet shallower than permitted. He concluded that Staff does not recommend a waiver of permit conditions; however, should the Board approve the waiver, three stipulations have been requested by the Environmental Advisory Board. In response to Commissioner Constantine, Gene Vaccaro with the Florida Sports Park, stated excavating the site to permit conditions will require the expenditure of approximately $100,000. Answering Commissioner Volpe, Mr. Vaccaro said the petitioner is in total agreement with the suggested stipulations. Commissioner Saunders agreed with Mr. MadaJewski that it is inappropriate for the Board to grant waivers to certain permit con- ditions unless there are extraordinary circumstances. He said because of the use of the property, the protections insisted upon by Mr. Mada~ewski and the hardship conditions with regard to the rock at the lake site, he believes a waiver may be granted in this situation. C~isltoner Saunders moved, that a waiver of perlit conditions for Excmvation Permit No. 59.224 be granted with the stipulations con- rained in the Executive Commissioner Saunders called attention to Staff's first recom- mended stipulation as listed in the Executive Summary. Ne said discussion has occurred regarding some uses that may be permissible without going back to the original permit conditions. Ne asked that those uses be stated for the record and that Staff indicate what type of zoning changes would require the property owner to go back to the original lake configuration. Page 5 November 17, 1992 Mr. Mada]ewskt recommended this be listed as a specific item in the upcoming PUD amendment so that the waiver will run with the land and the zoning. He said Staff's intention is that the flea market issue be stated and put into the PUD Document. Com~taaloner Saunders amended the motion to incorporate the above co~enta. Commissioner Matthews suggested a stipulation be added that the waiver be contained in the PUD amendment. Co~missionsr S&unders amended the motion, seconded by Commissioner Matthew~, to include a stipulation that the waiver be contained in the PUD m~end~ent and if it is not, the waiver will expire. Co~saionar Saunders amended the motion, seconded by Commissioner Matth~w~ and carried 4/1 (Commissioner Constantine opposed), that the PUD amendment process must be completed within six months, and that the property owner is required to bring the lake banks and the lit- toral shelf plantings up to code. (~82) ZtuflBI REC0~ENDATION TO APPROVE AND EXECUTE THE FINAL CONSULTINO ENGINEERING SERVICES AGREEMENT WITH WILSON, MILLER, BARTON AND PEEK, INC., FOR PHASE I PRELIMINARY ENGINEERING AND ENVIRONMENTAL ASSESSMENT SERVICES FOR SANTA BARBARA BOULEVARD SOUTH TO RATTLESNAKE-HAMMOCK ROAD; CIE NO. 032 - STAFF R~COMMXNDATIONS DENIED Item #8B2 was discussed in conjunction with this item. Transportation Services Administrator Archibald provided the Board with a handout depicting the relationships between the road projects in East Naples. He referred to pro3ects involving Rattlesnake-Hammock Road, County Barn Road, the extension of Santa Barbara Boulevard, Davis Boulevard and the portion of C.R. 951 between Rattlesnake- Hammock Road and U.S. 41. He said Item #8B! deals with the controver- sial project of four-laning Santa Barbara Boulevard from Davis Boulevard to Rattlesnake-Hammock Road. A lengthy discussion took place regarding the various merits of the subject pro3ect as well as the pro~ect to four-lane County Barn Road described in Item #8B2. Page 6 November 17, 1992 Tape ~2 The following person spoke regarding this item: Fred Tarrant Commissioner Saunders commented that past Boards of County Commissioners have been criticized for not planning for the future. He said Transportation Services Administrator Archibald's plan of approach of doing the engineering work, determining alignments and the type of design work being requested is a very wise way to plan for the future. Commissioner Constantine agreed with Commissioner Norris that although Santa Barbara Boulevard may become a priority in the future, he is not convinced there is a need to four-lane that roadway in this time of economic hardship. Commissioner Norris remarked the alignment of the roadway is the main point of contention on this project because the County does not know exactly where the Lely Resort will take shape. He said to spend money on studying alignments at this point seems to be a bit prema- ture. Co~iuloner Norris moved, seconded by Commissioner Constantine, to deny Staff's recouendatAons to execute a Consultant Engineering Services Agreement with Wilson, Miller, Barton & Peek, Inc. for Santa Barbara Boulevard south to Rattlesnake-Hasuaock Road. Commissioner Saunders asked ~f there are road segments in the contract that can be deleted at this point in time or certain segments critical to move ahead with this date? Transportation Services Administrator Archibald recommended this item be continued until the Board has the opportunity to review the updated five and ten year road program. Ne advised he will be bringing that program to the Board in the next few weeks, along with an agenda item allocating all road impact fees by project. Commissioner Volpe indicated he will support the motion if Staff is also directed to return to the Board with an in-house preliminary assessment of alternate alignments. Page 7 November 17, 1992 Upon call for the question, the motion carried 4/1 (Couisetoner Saunder~ opposed). (544) Ztemd~8B2 RECO~TDATION TO EXECUTE THE CONSULTING ENGINEERING SERVICES AGREeMeNT WITH GREINER, INC., FOR DESIGN OF COUNTY BARN ROAD FOUR- LANING IMPROVEMENTS PURSUANT TO RFP NO. 91-1688; CIE PROJECT NO. 033 - APPROVED IN THE MAXIMUM AMOUNT OF $346,080.40 This item was discussed in conjunction with Item #8B1. Co~iaaioner Saunders moved, seconded by Conissioner Norris and carriedunani~ously, to approve and execute the Consulting EngAneering SarvAcea Agreement with Greiner, Inc., in the ~axi~u~ amount of SS4600SO.40 for County Barn Road four-laning A~provemente, and Staff dArected to iawue · Notice to Proceed to the Consultant. Page 8 November 17, 1992 **ltec~d et 10:50 A.M. - Reconvened at 11:05 A.M. at which time D~u~ Clerk ~ere replaced Deputy Clerk Guevtn. ** (630) DISCUSSION REGARDING L~ SCHULZ'S DISCIPLINARY ACTION - BOARD CONCURR~D TO RECOMMEND MR. SCHULZ APPF~L HIS TWO DAY SUSPENSION AND RECOmmENDED THAT THE COUNTY MANAGER SERIOUSLY RECONSIDER THE Commissioner Volpe noted that he has received inquiries concerning the hiring of the new Veterans Services Officer at a higher salary than what the previous employee was receiving and higher than the salary indicated as posted by Human Resources, and whether this is violative of the Board's $780 pay plan policy. County Manager Dorrill expressed that it does not violate the Board's adopted $780 pay plan and is a reinstatement/demotion for the individual and a reduction ~n his former salary. Commissioner Volpe stated that the new employee is being paid $4,000 more than the salary of the previous employee for the same position, and questioned if this a violation of the $780 pay plan policy that all employees within the County Manager's office would be limited to a pay increase of $780 this year. County Manager Dorrill reviewed that the Board held a special meeting on December 14, 1991, establishing basic policy relating to the reduction in management positions. He read the following portion of the motion: "It is the stated goal of this procedure that lay-off of existing employees will only be made as a last resort, with the understanding that the Board recognizes the human side of any reduction in force and the difficult decisions to be faced by the County Manager." Mr. Dorrill summarized that as a result of certain lay-offs, the affected individuals were to receive priority reconsideration for positions that became available and which they met minimum qualifica- tions. He concluded that Mr. Luntz qualifies for the position and was given priority reconsideration. Mr. Dorrill pointed out the following policy within the Board's adopted Personnel Rules and Regulations: Page 9 November 17, 1992 For demotion reinstatement - the point at which an employee is demoted on a reinstatement, the salary shall be at the control point, and the control point being the maximum base salary allowed tn the event that it is technically a demotion. Commissioner Saunders questioned the suspension action against Lew Schulz. County Manager Dorrill indicated that Mr. Schulz would not sign the start form, the personnel action form for that position for Mr. Luntz. Mr. Dorrill noted that Mr. Schulz was never coerced to sign the form. Mr. Dorrill summarized that the actions of Mr. Schulz violated the directive and the policy previously established by the Board and he labelled it as insubordination, resulting in Mr. Schulz receiving two days off without pay. Commissioner Matthews inquired as to how Gounty employees were notified of the policy change regarding eligibility of current employees from six months to one year. County Manager Dorrill explained that a general memorandum was sent to all division admi- nistrators and department directors, and was not distributed to all 1,O00 employees. Bud Kornse spoke to this item. Commissioner Volpe verified that information as to the qualifica- tions of the person selected by the County Manager to fill the Veterans Services Officer position is available in the appropriate personnel file which is available for inspection by Mr. Kornse and the public. County Manager Dorrill advised the Board that Mr. Schulz has an opportunity to request a review the appropriateness of the suspension by initiating an appeal. Gil Erlichman distributed a handout to the Board (copy not pro- vided to the Clerk to the Board). Gtl Erltchman and Ernest Grazlolt spoke to this Item. County Manager Dorrlll specified that Mr. Schulz was not forced or required to eign any affidavit. Commissioner Saunders noted that the suspension was Mr. Dorrill's decision and the Board cannot rescind this decision, but if the Board had that power he would initiate a motion to that effect. He stated Page 10 November 17, 1992 that the suspension of Lew Schulz is ill advised because the facts do not Justify a two day suspension. Commissioner Volpe concurred with Commissioner Saunders' comments. Commissioner Saunders verified that should Lew Schulz seek an appeal, it would be filed with the County Manager and Commissioner Saunders volunteered to be a character witness for him. The following people spoke to this item: Joseph Smith Jack Pointer Donald Tallon George Keller R. F. Vogel Mary Chenery John Keschl Max Hasse Tape Commissioner Saunders recommended that Mr. Schulz appeal the suspension action and should he not file an appeal, the County Manager should reconsider his suspension of Mr. Schulz. Commissioner Volpe indicated he supports Commissioner Saunders recommendations. Commissioner Matthews concurred with Commissioner Saunders and expressed that the two day suspension of Mr. Schulz was excessive. Commissioner Norris commented that as a veteran, he supports Mr. Schulz and his actions. Com~tssioner Constantine, in unanimity, agreed that the County Manager should give serious reconsideration to the suspension for all the previously stated reasons. (see) ~TKld CONSIDERATION OF THE PROPOSED ESCROW AGREEMENT BETWEEN WESTINGHOUSE COB~]NITIES OF NAPLES, INC. COLLIER COUNTY AND THE CLERK OF THE CIRCUIT COU~T FOR ACCEPTANCE OF A FIFTEEN (XS) ACRE PARCEL WITHIN THE PELICAN BAY PUD BY SPECIAL WARRANTY DEED - STAFF DIREGTED TO REDRAFT DEED FOR NA~IEW AT THE NOVEMBER 24, 1992 MEETING Commissioner Volpe reviewed that within the Pelican Bay PUD there is a fifteen acre parcel of land that is identified for a community park at the northwest quadrant of the intersection of U.S. 41 and Vanderbilt Beach Road. He noted that there is a library in this general area and there are plans for an EMS substation as well. November 17, 1992 Commissioner Volpe reviewed that approximately two months ago the Gounty was presented with a deed for the remaining 15 acre parcel, but the deed presented at the time had a reverter clause which essen- tially said that if the County does not use the property for the pur- poses within the PUD that it would automatically revert to the grantor, Westinghouse. He recalled that the County Attorney was directed to meet with representatives of Westinghouse to discuss the reverter clause. Ne noted that subsequently, Westinghouse proposed to improve the park site, but concerns were expressed regarding the neighborhood park issue and whether Westinghouse is being relieved of their obligations, as well as the provision for additional parking spaces and the entire reconfiguration of the existing outline of the park site within the PUD document. He reported that Westinghouse has provided a revised plan, showing all the recreational amenities that they or~ginally proposed on the fifteen acre parcel. Commissioner Saunders clarified the following: 1.) Under the PUD document, there is no obligation on the part of the County to have a reverter clause in the Deed, and the Board should not accept the deed with any encumberances except for those that are specifically required in the docu- ment; 2.) Within the PUD document, Westinghouse has certain obligations to construct facilities and neighborhood parks and the County in no way should limit those obligations by virtue of an agreement dealing with a community park. County Attorney Cuyler advised that five acres of the twenty acres have already been deeded, and there is no requirement for the reverter clause or for any conditions within the PUD document. David We/gel, Assistant County Attorney, provided a handout con- cerning a synthesis of discussion by the Board on September 22, 1992 (copy not provided to the Clerk to the Board}. Commissioner Saunders recommended that a general warranty deed be obtained instead of a special warranty deed, omitting the reverter language. Patrick Kane spoke to this item. Commissioner Volpe noted that the Escrow Agreement is not needed, Page 12 November 17, 1992 as the School Board does not have immediate plans for their parcel. He suggested that further negotiations be pursued with Westinghouse to address the Board's concerns. Commissioner Norris added that the restrictions within the Deed should coincide with those within the PUD and the reverter clause should be stricken. Co~issioner Volpe moved, seconded by Co-missioner Saunders and carried unanimously, to direct Staff to redraft the deed in which Westinghouse Co~anities of Naples, Inc. transfers to Collier County the ~tntng fifteen acre parcel of land for a con.unity park and community facilities and present it to the Board for review next Tuesdm¥, allowing Staff to make a presentation as to what Improvements wo~ld b~ cont~l&ted and what would be agTeed to as a part of this Iq~COJ~I~ID&~ZOR /~ &k~DgD BZD #92-1976 ~OR R~i~&~ &RD/OR Steven Carnell, Purchasing Director, reviewed that at the November 3, 1992 Board Meeting, there was confusion as to the bids received and the methodology utilized to determine the lowest bidder for the maintenance of plants within the Development Services Center, the Utilities Administration, Building L, and Building F, Third Floor. Commissioner Volpe inquired as to no cost alternatives. Mr. Carnell reported that several agencies were contacted, i.e. Collier County Cooperative Extension Service, Collier County Vocational Technical Schools, Collier County Schools, and the Retired Senior Volunteer Program, and they advised that they could not provide this service. County Manager Dorrlll reported that the main area in question ts Building L, because the plants are permanently planted inside the atrium area and are not merely potted. Co~tmaloner maunders moved to establish a contract for only Page 13 November 17, 1992 Buildin~ L for plant naintenance until an alternative can be achieved. The eumtion failed for the lack of a second. Cc~isstoner Volpe moved to reject this Bid and direct Staff to assu~e the responsibility internally as to plant ~atntenance and that within Building L, to contact the &~rtcultural Extension or Soil and #ater District to devise an appropriate schedule, and asstffn that r.spon~tbtlity to Hr. Ca~p who has general responsibilities for The ~otton failed for the lack of a second. Commissioner Volpe acknowledged that since no further motions were presented, under parliamentary rules, no action is taken by the Board at this time. *Deputy Clerk ~uevtn replaced Deputy Clerk Neyers at this (30e5) RECOI~ENI~ATION TO DECLARE HURRICAN~ ANDREW CLEANUP ACTIVITIES COMPLETED AND T~RMINATE ANY FURTHER EXPENDITURES FOR THIS PURPOSE - Bill Lorenz, Environmental Services Administrator, explained the purpose of this request ts to declare Hurricane Andrew cleanup activi- ties completed and terminate any further expenses on the part of Collier County. County Manager Dorrtll added this is a direct recommendation from the Federal Emergency Management Agency (FEMA) tn order to allow a final report of expenditures to be submitted to them for reimbursement. C~mlssionsr Saunders moved, seconded by Co=-isstoner Norris and carried 4/0 (toe.missioner Constantine out), to approve and declare H~L~ric~ An~ew cleanup activities completed and terminate any further e~rpendtturee for this purpose after October 20, 1992. (S265) BID ~2-1965 FOR THE CONSTRUCTION OF THE CONKLIN POINT BOAT LAUNCH F&CXLXTT ANARDED TO THE LO~EST BIDDER, VANDERBILT BAY CONSTRUCTION COMPAIIT - IN TH~ AMOUNT OF 8866,750 Tom Conrecode, Director of Capital Projects Management, provided the Board with a recommendation to award the contract for construction Page 14 November 17, 1992 of the Conkltn Point Boat Launch Facility to Vanderbilt Bay Construction Company as the lowest bidder. He noted the bid of $866,750 is within 6% of the engineer's est/mate. In response to County Manager Dorrill0 Mr. Conrecode described this two phase project and its location for the benefit of the new Board members. Co~m/~atoner Constantine moved, seconded by Co~misetoner Norris ·nd c~Ttedunant~ousl¥, that Bid ~92-1965 be awarded to Vanderbtlt Bay Construction Company ~n the a~ount of $866,750. (S6OO) ~ORE ~ UNDER THE ANNUAL AGREEMENT FOR PROFESSIONAL ENGINEERING $~RV~CE~ WITH WILSON, MILLER, BARTON AND PEEK, INC., FOR THE GOLDEN GATE CO~;NITY PARK AQUATIC FACILITY - APPROVED WITH CHANGES Tom Conrecode, Director of Capital Projects Management, noted additional pages have been provided to the Board that were inadver- tently left out of the agenda package. Tape #4 Commissioner Constantine commented he asked that this item be pulled from the consent agenda in order that he be provided an expla- nation of what the County will be receiving for the $32,000 in con- sulting fees being proposed. Mr. Conrecode detailed various tasks under the permitting, bidding, water and sewer acceptance and construction phases that will be provided under this work order. In response to County Manager Dorrill, Mr. Conrecode detailed that approximately $2,500 has already been spent as part of previous Board Responding to concerns expressed by Commissioner Volpe, County Manager Dorrill advised the Board there may be a savings of approxima- tely $4,500 by having Tasks I and III done tn-house. The following person spoke regarding this item: Frances Barsh Co~sstoner Saunders moved, seconded by Commissioner Constantine Page November 17, 1992 ·nd ~tsdun~niea~usl¥, that the Nork Order under the ~nual l~r~nt for Professional Engineering Services with Nileon0 Ntller, B~r~o~ & l~k, Inc., for the Golden O&te Comity Park &quattc l&ctlttyb~ ~plrrov~d with the deletion of Tasks ! and III which will O00P, 97 Page 16 '~Xtem#Z~C2 November 17, 1992 I~,SOLUTTON 92-6~5 APPROVING THE TRANSFER OF FRANCHISE AGRE~NTS FROH P~ CABLEVI$ION TO COLONY CABLEVISION OF FLORIDA - ADOPTED WITH CHANTS Legal notice having been published in the Naples Daily News on November 11 and 15, 1992, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. Jennifer Edwards, Assistant to the County Manager, explained Palmer CableVision notified the County in September that they are planning to sell their cable operation to Colony Cablevision of Florida, which is a division of the Providence Journal Company, necessitating the transfer of their franchise agreement with Collier County. She recalled on October 20th, the Board denied a request to retain outside legal counsel to review the transfer application. She concluded Staff has evaluated the application and recommend the Board approve the transfer. Commissioner Volpe referred to concerns expressed by Staff in their report, specifically as they relate to written assurance that Providence Journal Company will be responsible for Palmer CableVision's past performance. Assistant County Attorney Wilson communicated Staff has resolved that concern through inclusion of specific language in the resolution. Ms. Edwards indicated all outstanding concerns of Staff have been satisfactorily addressed. Attorney Dudley Goodlette with Cummings and Lockwood, representing Colony Cablevision of Florida, stated for the record that the County is not waiving its right to have Colony bring the franchises into compliance should any performance deficiency exist. He also mentioned that the language contained in the proposed resolution is the same as contained in the City of Naples. In answer to Commissioner Volpe, Ms. Edwards advised the County will be doing an audit. She added Collier County also requires a CPA statement vouching for the revenues each year as part of the Page 17 November 17, 1992 agreement. Commissioner Volpe questioned if there will be a close-out audit as of the date of transfer? Assistant County Attorney Wilson suggested language can be added to the resolution addressing that provision. The following person spoke regarding this item: Chester Dobeck Co~missioner Saunders moved, seconded by Co~missioner Con~tantine and carried unanimously, to close the public hearing. Commissioner Sannders moved, seconded by Commissioner Cons'~antine ·nd carried unani~ousl¥, to approve Resolution 92-615 consenting to the transfer of franchise agreements from Palmer CableVtston to Colony C&bleviston of Florida with the additional language that the trans- feree will be responsible for any adjustments as a result of audits, an~ the Chatr~n to execute the resolution. Page 18 November 17, 1992 eee Recessed: 2:20 P.M. - Reconvened: (~77) I~eR#30B DISCU~SI0~ OF MARCO ISLAND SOUTH BEACH PARKING LOT 2:30 P.M. Commissioner Norris asked that a discussion of the Marco Island South Beach parking lot issue be added to the next regular agenda as a courtesy to the new Board of County Commissioners members. Commissioner Volpe requested County Manager Dorrill provide new members with a summary for their benefit at the next meeting. The following people spoke regarding this item: Jan Haduck George Keller County Manager Dorrill indicated this item is scheduled for the meeting of November 24, 1992. (24¢9) Zte~#x2Cl I~ESOLUTION 92-618 RE PETITION AV-90-009, C.R. & D. DEVELOPERS OF NAPLES, INC., REQUESTING VACATION OF A PORTION OF THE PLAT OF S~D PARK - ADOPTED Legal notice having been published in the Naples Daily News on September 27 and October 4, 1992, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. Companion Item #8A2 was discussed in conjunction with this item. Transportation Services Administrator Archibald explained Shadowwood Park is a previously platted 40 acre parcel for a con- dominium project in East Naples. He noted the property owner wishes to vacate the entire plat and go through the process of replatttng the ground, which will continue to contain one track. He referred to an exhibit provided to the Board, which outlines the proposed changes. He indicated letters of no objection have been received from utilities and the condominium associations that currently exist. He concluded with Staff's recommendation to approve the vacation petition, followed by approval of Companion Item #8A2 for the replat of Shadowwood Park. Co~ssioner Constantine moved, seconded by Commissioner Matthews Page 19 Noveml~er 17, 1992 and carried u~antmously, to close the public hearinG. Commissioner Matthews inquired if this request is simply moving the lake boundaries around on the plat to adjust them to what it really ts, to which Transportation Services Administrator Archibald responded in the affirmative. Co~atsstoner Matthews ~oved, seconded by Coutsstoner Saunders and carrted unantml¥, to adopt Resolution 92-618 approvinG Petition AV-90-O09 toy ac&re a portion of the plat of Shadowwood Park. ~OOK 000 PAt£ 103' Page 20 November l?, 1992 RF~OLUTION 92-619 APPROVING FOR R~CORDING THE FINAL PLAT OF "FIRST RL~rf~T OF ~ZMX~OOD PARK TRACT A" - ADOPTED WITH THE STIPULATIONS AS LIS~I'~D IN THE EXECUTIVE SUI~IARY This item was discussed in conjunction with Item #12Cl. Co~tutone~ Voll~e moved, seconded b~ Coatsstoner Norris and c~-rt~d~m~n~mou~l¥, that Re~olutton 92-619 ~ adopted, appr~tng for r~~ ~ fill plat of "First Rep/at of Shad~od Park Tract Page 21 November 17, 1992 Frances Barsh, representing the Taxpayers Action Group (TAG) welcomed the new Commissioners to the Board. She asked that they spend taxpayers money prudently and for essential services only. BOARD OF COUIFfY COMMISSIOI~RS' COI~K~ICATIONS Discussion related to the Marco Island South Beach parking lot is located under Item #lOB. ..,, Commissioner Matthews requested that Transportation Staff provide ; her with information regarding the T-hangars in Immokalee and why it · has taken six years to get them installed. She also noted concern ;{' with the expenditure of $38,000 in the past year on the baseball ~.' issue · i"-- Commissioner Volpe requested County Attorney Cuyler provide the :';~- Board with a one-page memo on quasi-Judicial issues regarding correspondence and phone calls received by Board members. He also ,: requested an update on the conflict with the contractor for the new " membrane softening plant. (2224) ' Item ~TAFF' S CO~UNICATIONS County Manager Dorrill updated the Board of County Commissioners on reimbursements expected from FEMA for eligible expenses following Hurricane Andrew. He said the County's Budget Staff has done an outstanding Job and has been told by FEMA that Collier County is one of the first affected cities or counties to have had the paperwork in, processed and returned. He noted the County is eligible to be reim- bursed at approximately 75 cents on the dollar. He remarked that figure may be higher depending on what the State of Florida provides. Commissioner Volpe commented that Congressman Goss and Representative Hawkins have previously indicated they would support 107 Page 22 November 17, 1992 Collier County and others to try to get dollar-for-dollar reimbur- sement for damages incurred from Hurricane Andrew. He suggested the Board consider directing Staff to draft a resolution on this issue. sss Conieetoner Saunders moved, seconded by Commissioner Hasse ~ carried unanimously, that the following items under the con- sent agenda be approved and/or adopted: s.s Item ,16A1 RESOLITTION 92-616 APPROVING FOR RECORDING THE FINAL PLAT OF "SAN RAFJLEL - WITH ~ STIPULATIONS AS LISTED IN THE EXECUTIVg SUMMARY Itel #16&2 NiTeR FACILITIES A¢OEPTED FOR BERMUDA GREENS OF NAPLES, PHASE II - NITH TH~ STIPULATIONS AS LISTED IN THE EXECUTIVE SUMMARY Item ,16A3 See Pages ~.. TY/~T~ ~ RF.f~.TVE'T) RY CLEI~ TO BOARD OFFICE AS OF 1/8/93:'-~-'''-~-*-~-~-~ WATER FACILITIES ACCEPTED FOR SARATOGA COLONY AT EMBASSY WOODS - WITH THE STIPULATIONS AS LISTED IN THE EXECUTIVE SUMMARY Item ~16B1 See Pages NUIE: ~ NOT RECEIVED BY ~ TO BOARD OFFICE AS OF 1/8/93xa~x;-~xx-~-*' BUDGET AMENDMENT FOR THE S.R. 29 PEDESTRIAN OVERPASS IMPROVEMENTS, COUNTY PROJECT NO. 69053 (BID NO. 92-1830, OLD BID NO. 91-1797) IN THE AMOUIIT OF $12,429 lte~ 916B2 - Moved to ,8B2 Ite~16B3 deleted Itel916B4 R~IMBURSABLE JOINT PROJECT AGREEMENT WITH THE CITY OF NAPLES FOR CON~TRUCTION OF ~ILI~ I~STRUC~ CONC~LY WI~ P~SE II AI~-~LIN8 RO~ SIX ~IN~ I~RO~S, CIE PR0~CT NO. 003 - IN ~ ~ OF $186,738 See Pages Ite~ ~16B5 - Withdrawn Item#16C1 CONTRACT BETWEER THE PARTNERSHIP GROUP AND COLLIER COUNTY SERVICES FOR SENIORS Item,16C2 deleted See Pages Page 23 November 17, 1992 Ites#l~C3 continued Itea#lSD1 MODIFICATIONS TO THE UTILITY BILLING SOFTWARR CONTRACT WITH NETWORK COMPUTINQ CORPORATION - IN THE AMOUNT OF $27,110 See Pages Item CARRY FORM&RD AND ADDITIONAL OPERATING HEVENUE - POLLUTION CONTROL FUND (114} - IN THR AMOUNT OF $79,751 Item #16G2 - #tthdrawn Item #16G3 C~RTTFZC&T~S OF CORRECTION TO THE 1991 AND 1992 SOLID WASI'~ COLLECTION SPECIAL ~SESSMleNT ROLLS See Pages /d~) 7/~ Item ,16G4 R~OLUTION 92-617 ADDING UNITS TO THR 1991 ~ 1992 COLLI~ CO~ ~~ ~OLID ~T~ COLLECTION SP~CI~ ASS~SS~ ROLLS Item ,16G5 CONTRACT RENEWAL WITH THE FLORIDA DEPARTMENT 0F ENVIRONMENTAL HE~UL~TION (FDKR) TO MONITOR GROUND WATER QUALITY See Pages Item 916H1 - Moved to 8H3 Item #16H2 INCREASE TO THR PURCHASE ORDER WITH WILSON, MILLER, BARTON AND PEEK, INC., RHLATIV~ TO THE AGREEMENT FOR PROFESSIONAL SERVICES DURIN~ FINAL DESIGN, BIDDING AND CONSTRUCTION OF IMPROVEMENTS FOR THE PINE RID(IE INDUSTRIAL PARK M.S.T.U. - IN THE AMOUNT OF $114,000 Item #16H3 CHAN~ ORD~S TO DATE ON CONTRACT NO. 91-1779 WITH HUEGEL CUSTOM HOM~, ~A~H CLP~IING OPERATIONS ON MARCO ISLAND - IN THE TOTAL AMOUNT OF $11,159 ~IONAND ~ TO THE TRAINING CONTRACT WITH QUALTEC QUALITY FOR PURPOSES OF MAINTAINING QUALITY IMPROVEMENT PROCESS November l?, 1992 I~X$C~LLAN~OUS COPd~ESPONDENCE - FILED AND/OR REFERRED The followinG miscellaneous correspondence was filed and or referred as presented by the Board of Gount¥ Commissioners: Page 25 November 17, 1992 Ztem,16J1 CERTIFXCATE~ OF CORR~CTION TO TH~ TAX ROLL AS PP~ESENTED BY THE ~ .FROFERT~APPRAISER*$ OFFICE 1992 TANGIBLE PERSONAL PROPERTY 1992-34 1992-44/50 1992 TAX ROLL 11/4/92 11/13-11/16/92 27 - 35 11/3-11/6/92 41 11/10/92 EXTRA GAIN TIM~ FOR INMATE NOS. 53074~ 79059t 42087t AND 36748 Ite~ ~16J3 SATISFACTION OF LIEN FOR SERVICES OF TRE PUBLIC DEFENDER There being no further business for the Good of the County, the meeting was adjourned by Order of the Chair - Time: 3:00 P.M. .' ~ · ** , . . ¢ ' Jmes .5: · :'~,. ~** ';, ~%~ ~ the Board on as ~;~,ente~' ~ or as corrected BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL · CHAIRMAN Page 26