BCC Minutes 10/19/1993 R Naples, Florida, October 19, 1993
LET IT Bg REMEMBERED, that the Board of County Commissioners in
and for the County of Collier, and also acting as the Board or Zoning
Appeals and as the governing board{s) or such special districts as
hays been created according to law and having conducted business
hersin, met on this date at 9:00 A.M. In REGULAR SESSION In Building
nF" 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
Betrye J. Matthews
ALSO PRESENT: Dwight Brock, Clerk of Courts; John Yonkosky,
Finance Director~ Annette Cuevim, Recording Secretary and Ellie
Hoffman, Deputy Clerk; Neil Dotrill, County Manager; Ken Cuyler,
County Attorney; Dave Weigel, Assistant County Attorney; George
Archibald, Transportation Services Administrator; Tom Olliff, Public
Services Administrator; Bob Blanchard, Site Development Review
Director; Tom Conrecode, Capital Projects Management Director; Mike
McNees, Budget Director; Greg Mihalic, Affordable Housing Director; Ed
Gehring, Building Review & Permitting Director; Jeff Walker, Risk
Management Director; Diane Flagg, Emergency Services Education Quality
Control Manager~ Sue Filson, Administrative Assistant to the Board;
and Deputy Byron Tomlinson, Sheriff's Office.
Page 1
October 19, 1993
Tape #1
CommAeeloner Norris moved, seconded by Commissioner Volpe and
carried unanimously, to approve the ageride with the changes as
detailed on the Agenda Change Sheet and with the following mdditional
Item #16H3 - The Board of County Commissioners approve a
contract agreement with the City of Naples for Tourist
Development Tax funding of Doctors Pass and Gordon Pass Inlet
Management Plans - Continued to 10/26/93.
Item #16CI - Authorize Chairman to sign a Parking Lease with
the Task Force for the Homeless for eight (8} parking spaces
- Moved to #8C1.
07
Page
October 19, 1993
(234)
Itear'AA
COrmEFt AGBNIIA - AIPROVED AND/OR ADOPTED
The motion for approval of the consent agenda Is noted under Item
116.
(264)
Item#3
NXNUTW~ OFT HI W~RKSHOPNBETING OF SEPTEMBER 15, 1993, AND REGULAR
NIlTIN OF B~ 21, 1993 - APPROVED
Cmiseloner Volpe moveS, seconded by Commissioner Norris and
carrieS unanimously, to approve the Minutes of the Workshop Meeting of
8eptelber 15, 1993, and Regular Meeting of September 21, 1993.
(23g)
lt~l~l
Commissioner Saunders congratulated the following employee and
presented his service award:
Ed Gehring, Building Plan Review - 5 years
(300)
ltem d~Al
BUDGI'T ,~.am__.Knx 93-544 - ADOPTED
Commissioner Norris moveS, secondeS by Commissioner Volpe and
carried unanimously, to adopt Budget Amendment 93-544.
(s2s)
Item #882
RSCOegG3IDATION TO APPROVI AND EKECUTS a LIMITED USE LICENSE AGR/J34ZXT
BrfWZZlf COLLIER COUNTY AND J0N THAXTON AND DAVID eNOCH FOR THI FURPOSt
OF 2xuAfiXmG FLORIDA SCRUB JAY DISPERSAL STRATEGIES AT TI~ lJe~OEALEB
AIRPORT - AFFROVED
George W. Barton, Chairman of the Collier County Airport
Authority, reported the Airport Authority has discussed thls agreement
very thoroughly and is recommending unanimous approval to the Board.
Commissioner Constantine noted the Executive Summary does not
mention the fact that the Airport Authority voted unanimously in favor
of this agreement. He also pointed out there has been past difficulty
Page 3
October 19, 1993
with scrub Jays and what they could potentially do to any development
at the Immokalee Airport property. He asked if this study may cause
more problems for the County?
e
Transportation Services Administrator Archibald responded in the
affirmative, but added the scrub Jay habitat and colonies at the
Immokalee Airport are well-defined and established from an environmen-
tal standpoint. He said this study is in response to Inquiries from
the federal and State levels, and tn addition to the contract being of
no cost to Collier County, the information gained will be used by the
County for the final permitting and development of the first phase of
the Immokalee Industrial Park.
Commissioner Volpe recalled the County engaged the services of a
consultant In progressing toward a Development of Regional Impact for
the Immokalee Airport. He said the consultant contract was terminated
In recognition of the fact there are serious problems with scrub Jays
at that location. At the same time, he said, significant grant monies
were available for the infrastructure at the Immokalee Airport which
were forfeited because of the problems, and the infrastructure was
moved to the other side of the Airport. He indicated although this
study will not involve the expenditure of any County funds, in view of
the history, will this study actually help Collier County in terms of
the overall development of that enterprise zone?
Transportation Services Administrator Archibald stated the
Immokalee Industrial Project will continue to be held up at the
County, State and federal levels until Collier County has the kind of
information that will be obtained from this study.
Responding to Commissioner Volpe, Transportation Services
Administrator Archibald explained Staff has been investigating deve-
lopment in the southeast quadrant of the Airport for which a phasing
plan, plan specifications and subdivision documents have been prepared
along with obtaining all State and federal and the majority of County
approvals for the subdivision itself. He pointed out the first phase
of the subdivision consists of approximately 50 acres or 12 lots. He
Page
October 19, 1993
reported the County requires any development to have an acceptable
habitat management plan from the State, and the State in turn has been
authorized by the federal government to represent certain interests
and to review and ultimately give that approval to the County. He
said at that point in time, the County can then give approval to Staff
to pursue the subdivision platting of the first phase. He said the
documents were prepared and have been ready for many months, waiting
for the information from this study to Jointly submit for the habitat
management plan.
Ccsalseioner Ns-tthews soved, seconded t./Commissioner Norris and
carried xmanisously, to approve the Limited Use License Agreement bet-
ween Collier County and 3on Thanton and David Shoch for the purpose of
etud~lng Florida scrub Jay dispersal strategies at the Ilsokalee
Airport.
Page 5
October 19, 1993
Item
BAfu~sor~s~ OF VANDKRBILT BEAU CONDOMINIU~m !t~(IaRDING A COASTAL
CONBTB~UCTION B~CK LINI VARIANCK - AFFLICANT ALLOMXD TO R~-AFPLY
Ron Stettler, representing Bayshores of Vanderbllt Beach
Condominiums Association, explained this petition requests that the
Board reconsider a previously denied variance for the extension of a
wood deck. He contended there were several misunderstandings at the
Board of County Commissioners' meeting approximately one year ago, and
there have been changes in circumstances which would dictate that in
equity, this Commission grant elther an extension of tlme for the
varlance to proceed under the prevlous petition or, allow his client
to re-apply for the variance. He recalled in 1984, a variance for the
original pool deck was granted and in 1991, the Association determined
in order to match the pool patio area, a 10-foot extension to the
wooden deck would be appropriate. He reported they applled for a per-
mit through Ktdd Construction, whlch was granted by the Bul/ding
Department. Several months later, he satd, the Association decided
they would like a chickee hut in that area and agaln applied for a
permit. He Indicated they were informed for the flrst time at that
point that they would need a vatlance from the Board not only for the
chlckee hut but also for the lO-foot extension that had a/ready been
constructed. He advised that Mr. Kldd, on behalf of the Association,
applied for the vatlance which was later denied at the hearlng of
October 8, 1991, due to two misunderstandings. He explained first,
there was a beltef that someone in the neighborhood had expressed
reservations regarding the project; and secondly, Staff, as part of
their crtterla for agreeing to the variance, stated the7 wanted a row
of Australian Pines which blsected between the southern neighbor and
the condominlums to be taken down. He remarked there was a mlstaken
belief on everyone~s part that the row of Australian Pines was on the
condomlntums* property.
Mr. Stettler referred to a letter dated January 14, 1992, from Mr.
Page 6
October 19, 1993
Randoll Deer, the southern neighbor, who indicated he had no objection
to either the deck extension or the chickee hut. He next referred to
the audio tape from the Board meeting of October 8, 1992, in which it
appears that Commissioner Hasse's objection to the variance was due to
Staff requiring the Australian Pines to be removed and not replaced
with something of an equal or greater height for the benefit of the
residents.
Commissioner Volpe asked why Mr. Stettler's client has not re-
applied for the variance?
Mr. Stettler indicated he has been told by Staff that the Board
must authorize that procedure.
Commissioner Saunders asked if there is a restriction to the Board
authorizing the re-application at this point in time, more than two
years after it was denied?
County Attorney Guylet reported he cannot point to anything that
restricts someone from re-applying for a variance. He suggested the
question becomes what is the Board's policy on allowing that to hap-
pen.
Bob Blanchard, Site Development Review Director, commented this
deck extension is being treated by Staff as an existing violation. He
recalled when the Board denied the requested variance, it was an
after-the-fact variance which then became a violation. He noted the
applicant has recognized over the past year that there is a violation,
and in fact, a letter from Hr. Blumeyer in December stated he
recognized the potential to re-apply, however he chose not to do so
because of the cost. He advised in September, 1993, a notice of
violation was issued giving them a deadline for removal of the exten-
sion, which expires at 5:00 P.H. this date.
Mr. Stettler pointed out that the present owner of the single-
family home to the south, who purchased the property in 3uly, has
taken down the Australian Pines.
In answer to Commissioner Constantine, Mr. Blanchard stated if the
Board allows the applicant to re-apply, he will take that action as
Page 7
October 19, ]993
putting a stay on lhe enforcement activities.
It was the consensus to allow the applicant to re-apply for a CC$L
( 1309 )
ltesa ~8A1
CARNIVAL PKIqMIT ~93-4 KK PETITION C-93-4, OUR LADY OF GUADALUPe
C&THOLIC CHURCH, RZQUKSTING A PERMIT TO CONDUCT & CARNIVAL NOVEMBER 24
TB]tOUG~ NOVDIBKR 28, 1993, ON THEIR Ci~FRCH GROUNDS LOCATED AT 219
SOUT!! 9T![ STRKIT IN INNOKALEE - APPROVED
Nr. Blanchard advised this request concerns an annual carnival
held by Our Lady of Guadalupe Church in Immokalee. He noted they have
met all requirements and are asking for a waiver of the Surety Bond.
Ccaxiasioner Constantine soved, seconded by Cosaissioner Natthe
and carried unanimously, to approve Carnival Peralt #93-4 as requested
by Our Lady of Guadalupe Catholic Church.
Page 8
October J9, J993
Itma~l&2
C&J~IV&L PIleNIT ~93-5 1~ PETITION C-93-5, S~. KLZZABX'T~ 8FrON CATHOLIC
C~URC~ !tlQUF~TII~ A PKB~IT TO CONDUCT A CkRNIVAL FROM NOVB4BER 10
T~ROUGN NOVINBIR 14, 1993, AT 5325 28TII AVKNU~ S.W., GOLDEN
&~-P~OwsD
Colaislioner Constantine moved, seconded by Commissioner Natthaws
and carried unanimously, to approv~ Carnival Permit #93-5 as requested
by St. Ilixabeth Seton Catholic Church.
Page 9
October 19, 1993
(1340)
RIQUGtST BY COLLID COUNTY HOUSING AUTHORITY TO EXTEND THE AGREEMINT
PROVIDING OFFICI SPACE TO ~ SECTION 8 PROGRAM UNTIL JANUARY 1, 1994
Greg Nihalic, Affordable Housing Director, recalled in July, 1992,
Collier County turned over the operation of the Section 8 Rental
Assistance Program to the Collier County Housing Authority. He said
one of the provisions in the agreement was that the County would con-
tinue to provide space for the Housing Authority through October
1993. He noted the Housing Authority is now requesting that the
County continue to provide free space for an additional two months at
which time they will proceed to find their own quarters when the
Housing and Urban Improvement Department is moved from 3050 North
Horseshoe Drive to 2800 North Horseshoe Drive in the Development
Services building.
Comalistener Constantine moved, seconded by Commissioner Norris
and carried unanimously, to approve the request by Collier County
Nousing&mtherrity to extend the agreement providing office space to
the Section I Progrim until January 1, 1994.
(1418)
ItemS4
HE~T BY N~RIO COST~NTXNI FOR EXTENSION OF BUILDING FERNIT NO.
92-13263 FOR PROPERTY HE O%eNS IN WALDEN OAKS SUBDIVISION - PERMIT
HEIITSTAT2DFOR SIX MONTHS WITH STIPULATIONS
Ed Gehrtng, Bulldlng Review & Permitting Director, reported Mr.
Costanttnt is seeking a six-month extension of his building permit.
He noted the applicant has been afforded all administrative extensions
allowed by ordinance.
Responding to Commissioner Norris, Mr. Gehrlng expllatned the
applicant took out two concurrent building permits, one for a single-
family dwelling and one for a duplex, however, the financing allowed
him to only proceed with the duplex. He said when ~he duplex was
completed, Mr. Costanttni had other financial problems, but has
assured Staff that he ts ready to move forward with the single-family
Page 10
October 19, 1993
unit within the next 45 days.
In answer to Commissioner Constantine, Nr. Gehring agreed that the
application for building permit was requested prior to the increase in
road impact fees and the implementation of the educational impact fee.
Commissioner Hafthews questioned the Board's ability to extend an
expired permit?
County Attorney Cuyler advised the ordinance provides that the
administrator schedule a hearing before the Board of County
Commissioners, said hearing to be held prior to expiration of building
permit. He said in his opinion, the Board cannot extend a permit once
it expires.
Commissioner Saunders pointed out the letter from Hr. Costanttni
was received by Community Development Services on September 23 and the
permit did not expire until September 29. He suggested the petitioner
has no way of knowing there may be a delay in getting his request for
extension on the Board's agenda.
Commissioner Constantine agreed, but added if the Board reinstates
the permit, the petitioner should be required to pay any increased
fees that have occurred.
Ceemlmmioner Volpe moved, seconded by Couisstonsr Norris and
carTied nnsnimously, to reinstate Building PersAt No. 92-13263 and
that the ewnsr will pay any changes in impact fees since the issuance
of the first persit and that any changes in the building codes wall be
-4h/,~l to.
Commissioner Saunders suggested that County Attorney Cuyler be
requested to draft clarification language to the ordinance so that
either the application deadline is before the expiration of the permit
or they must apply in a timely fashion to be placed on the Boardts
agenda prior to expiration.
Commissioner Volpe disagreed that the ordinance should be amended,
and proposed that Staff simply provide the applicant with written
notification of the requirements should they need to further extend
the permit.
Page 11
October 19, 1993
Mr. Gehrtng asked the Board to set a time limit on the subject
extension.
It was the consensus that the reinstated building permit would be
in effect for six months.
Commissioner Harthews suggested that a cautionary letter be given
to the applicant at the time of the second administrative extension
that states if this extension expires, the Board has in the past
required the payment of any additional impact fees and meeting any
additional building code requirements.
Commissioner Saunders added that the applicant should be required
to apply for any further extension no less than two weeks prior to
expiration of the building permit.
It was the consensus that · letter will be provided to future
appllceextw as suggested above.
(219l)
RIC011IIID$~ZOI TO Alrf~O~ & 121:~CH&SI A(lRllXZ]l~ FO~ ~ &CQOZSZ~ZON OF
I~1 FII S~ :I~ITIIIS~ OF ~3 ACI~IS, NOel O~ ~lSS, NICISSJL!~ ~0
SATZSIrZr'Z'EI P~XI~:T~ING R~Q~ZRIXZX~B FOR ~ COII~IY~CI O~ k
CO~SI]~&TZOI ZlSI)IIN~ ~0~ BC~I~B ~AY 14I~ZGA~ZON F[rl~sOsls AS RIQOZR~D
FO~ ~ NISTCLOX SmZ~ InC~INSlON lmOJZC~ (ClS SO. 26): k~D ~0
~O ~/2/S3
Transportation Services Administrator Archibald explained this
item involves the purchase of 13 acres of land in Immokalee to meet a
prior requirement the County has faced in the construction of the
Westclox Street project in Immokalee. He said the County made the
commitment to acquire 6.2 acres of scrub Jay habitat acceptable to the
Florida Game and Fresh Water Fish Commission. He concluded after
lengthy review by Staff, the parcel that best meets the needs is a
fifteen acre tract of land of which the owner Is not willing to sell
less than 13 acres.
Transportation Services Administrator Archibald provided the Board
with · handout concerning information that has been received from a
local corporation with an interest in acquiring the additional acres
not needed by the County. He explained Coast/and Center Joint Venture
Page
October 19, 1993
has a DRI requirement to provide 6.3 acres of scrub Jay habitat, and
they are willing to contribute $10,000 per acre for a total of
$63,000, as long as the County is willing to allocate a conservation
easement which will meet the criteria in their DRI stipulation.
Commissioner Volpe questioned If the 300 acres of scrub Jay habi-
tat at the Immokalee Airport may be Identified for this purpose,
thereby saving the County the need to expend these funds?
Transportation Services Administrator Archibald replied that Staff
did look at that acreage, however, there is a concern that the total
300 acres may be needed for future permitting at the Immokalee
Airport. Also, he said, the subject mitigation must be located within
the same area as the Westclox Street Extension.
Commissioner Saunders asked if the Coastland Center Joint Venture
has a DRI requirement to provide funds to maintain the land?
Attorney Don Pickworth responded the DRI contains preservation and
maintenance obligations. He Indicated they would expect the County to
take on the maintenance obligation if they purchase the required
acreage as part of this transaction.
Commissioner Saunders commented he is not willing for Collier
County to assume any responsibility of Coastland Center Joint Venture.
Transportation Services Administrator Archibald pointed out the
letter from that entity addresses that obligation in a very favorable
way to Collier County.
Responding to Commissioner Volpe, Transportation Services
Administrator Archibald stated the roadway easement being offered is
on the southwest corner of the Intersection of Golden Gate Parkway and
Ooodlette-Frank Road.
Commissioner Saunders inquired tf Attorney Ptckworth's client
would expect any Impact fee waivers in exchange for the roadway ease-
ment, to which Attorney Pickworth responded in the negative.
Commissioner Volpe suggested the Board proceed with caution, as
the details of this agreement have not been finaltzed.
Attorney Pickworth agreed and asked that this Item be continued
Page 13
October 19, 1993
for two weeks to allow information to be provided in a more formal
presentation.
Cmisstoner Norris moved, seconded by Conlssioner Yelps, to con-
tinus this ttea to the meeting of November 2, 1993.
Commissioner Volpe requested additional information on the analy-
sis performed which concluded that the 300 acres at the Immokalee
Airport cannot be considered for this mitigation.
U~on call for the question, the motion carried unanimously.
(3068)
ltea~eCl
!I. BSOX,T~IOI 93-490 ATT'I"HO~IZING ~ CKkIRMAN TO SIGN k PLR]EZN6 LEkSZ
WZTHTHETASKFORCK FOR T'H~ HOMKLKSS FOR EIGHT (8) PAREING SPACKS -
Commissioner Norris asked for a brief history of this lease
arrangement.
Tom Olltff, Public Services Administrator, explained in 1989, the
County entered Into the first of a series of parking agreements with
St. Natthew's House. He recalled that structure was previously an
East Naples Fire Station which was converted to the current homeless
shelter. He indicated in order to meet Code, they are required to
have eight parking spaces and since they did not have the parking
available on site, an agreement was reached with the County to provide
that parking through an off-site parking agreement.
Commissioner Norris questioned tr the County has entered Into any
other private agreements for parking?
Mr. Olltff replied the County has a parking arrangement wlth the
Methodist Church directly adjacent to the County's parking lot,
whereby they use a row of parking on Sundays for overflow parking.
Commissioner Volpe noted the eight parking spaces are seldom if
ever utilized, and this agreement is simply to meet Code requirements.
He also potnted out this Is a short-term requirement since St.
Matthew's House is in the process of acquiring a new parcel of land.
Commissioner Natthaws moved, seconded by Commissioner Volpe to
authorize the Chairman to sign a parking lease with the Task Force for
Pa~ l&
October 19, 1993
the~meless for eight parking spaces.
In response to Commissioner Norris, the Reverend John Lindell
replied they have been trying to acquire another site for two years,
and finally closed on a piece of property on October 1. He said they
plan to have the official ground breaking service on Thanksgiving Day,
with site preparation initiated immediately after the new year. He
indicated it is their hope to be in their new facility before the need
to renew this agroement.
Nr. allill referred to page 2, Article 6 of the Lease Agreement,
and stated the text indicates $100 in liability insurance while the
numerical and correct number is stated as $100,000.
Upon call for the question, the sotIon carried 4/1 (Cosalsslonar
Norris ~poaad).
Page 15
October 19, ~993
le/COe[~INDaTIOR TEaT TIrE BOARD APPROVE A BUDGET A!,s~bl-~x- TO T,a/
FROPXI~rY t CASUIJ~TY IF~URANCX FUITD - APPROVED
Jeff Walker, Rlsk Management DIrector, explained this budget
amendment is before the Board to address two issues. He said the
first deals with an increase In the premlums for DIfference in Con-
ditions (DIC) or flood insurance coverage. He recalled on September
21, the Board approved the renewal of the property and casualty
insurance program and a flood coverage limit of $5,000,000 wazs
approved at that time. He reported an analysts of properties subject
to flooding Indicates that if federal flood Insurance were purchased,
real and personal property limits would total approximately
$21,000,000 In coverage. He stressed this figure is importan~ because
At Is the limit necessary to comply with the Stafford Act which is a
federal law requiring local governments to purchase flood Insistence
prior to a disaster to assure Federal Emergency Management reimbur-
sement. He noted DIC coverage, which is purchased by the Couraty
rather than federal flood insurance, has been difficult to obi:atn
because of Hurricane Andrew and pricing for thls coverage has
increased greatly. To increase coverage from the $5,000,000 1:o the
825,000,000 limit, he said, will cost approximately $125,000; thus,
the fixed costs for the total program would be $798,621.
Mr. Walker continued, reporting the second issue Involving this
budget amendment deals with the transfer of funds to pay for a
Judgment brought against the County in the Hassick re. Christianson
case. He advised the Judgment totals $200,000 and there will also be
additional attorneys' fees and litigation costs. He Indicated the
County must pay this Judgment and associated costs and be reimbursed
from the excess carrier. He mentioned the reimbursement is expected
to be approximately $170,000. In conclusion, he said, the budget
amendment needed to purchase the additional flood coverage and pay for
the Neesick case totals approximately 8400,000, and the source of the
Page~ 16
October 19, 1993
funds will be 8170,OO0 in reimbursement and the remaining 8230,000
wall come from reserves.
Commissioner Volpe commented this insurance has already been
purchased. He pointed out this was a significant responsibility
that was undertaken by Staff and suggested that this type of item be
brought to the Board in advance in the future.
Commissioner Volpe moved, seconded by Comaissioner Natthfnes and
carried~aniscusly, to approve a budget amendment to the property and
casual~y insurance fund.
see DepUt~ Clerk Hoffaan replaced Recording Secretary fluevAn at this time
COHTR~CT ~ NITH OK&L !~X~TH 8HRVICXS OF FLORIDA - AF~OVXD
Commissioner Matthews remarked that there is an upcoming employee
benefit workshop scheduled and questioned why a service is being
renewed prior to knowing the outcome of the workshop.
Risk Management Director Walker explained that dental is not
Included in the group health benefits. He advised that this is a
totally separate program which Is paid in full by employees. He noted
that there will be an open enrollment period which gives empl,~yees the
option of continuing or discontinuing this service.
Cosaissionar Natthaws moved, seconded by Commissioner Constantine
and carried unanimously, to approve the mndaent to the contract bet-
wean Collier County and Oral Health Services of Florida, Inc.
Paine 17
October 19, 1993
(267)
INIIL'GBICTNZDXCAL O:I:XV]:CIS COUNT'/' GRANT AWARD IX ~ ANOUNT 0Z
$47,g42.l~ -,I, COZPTID
Cowa~ssioner Constantine moved, seconded by Cossissione,r Norris
and carried unanimously, to accept the Emergency Nedical Services
(288)
:Z1:O ee!.l
rr leg40iz'ZlLiTIN8 Z;T.,AN: ~ OF ADOPTED PROGRAIl GOALS - NO &CTION
Nike NcNees, Office of Nanagement and Budget Director, .announced
that the document which has been presented to the Board und,sr separate
cover is a recapitulation of the Program Goals as identified in the
priorities that were set during the program budgeting proce:ss.
Nr. NcNees recalled that a separate Strategic Plan had been pre-
pared in the past, however, for the FY 1993 budget, staff experimented
with what has become the Program Budgeting process in the blxdget
policy FY 1994. He noted that the document includes a list:tng of each
department in each division and the programs as ranked and aidopted.
Nr. NcNees stated that no action is required for this item.
County Nanager Dorrill clarified that the dollar estimaies by
program area are approximate numbers, recognizing that actual full
cost accounting is not used for budgeting purposes. He noted that the
numbers in the document are reflective of the 1994 approved budget.
In response to Commissioner Volpe, Nr. NcNee8 recalled that in
lieu of the strategic plan, a decision was made to replace same by the
program budgeting process, whereby goals would be set depart=sent by
department instead of the ford. at that was used in the previo~Js three
years.
No action was required on this item.
(595)
~ ~ IN FUND 156 PROVIDING FOR A TRANSFER OF FUNI~ FROI!
~ FOR FUTURE INFROVx-~RxS - APPROVID
Commissioner Constantine requested an explanation of this~ item.
Office of Capital Projects Management Director Conrecode explained
October 19, lggS
that this item relates to the lmmokalee Median Beautification Program.
He indicated that during the budget process of March through
1994, a number of factors were unknown, one of which that the State
would actually move on staff's request for median beautific.ation on
SR-29. He noted that he has learned that the state will be providing
a response and final design should take place in approximat,~ly one
month.
Mr. Conrecode explained that the award of a maintenance contract
for those improvements has prompted changes to the budget. Re
remarked that the appropriate dollar amounts were included In the
budget, however, they were not allocated to specific line i'tems in the
budget.
Cesaiselener C~nstantine saved, seconded by Cossissione:~ Norris
end carried ~nanis~uslT, to approve m budget amendment in ~and 156 for
· tressleT ef i~xnds from Reserves for the anticipated obligations
during FT g2/94 associated with completion of 'existing and future
planned i ,~i mrs,
DISCUSSION 1~ HUNTING ORDINANCE - COUNTY ATTORNEY TO COME Ba,CE WITH
~a~ TO DISCHARGING OF FIREARMS 0RDINANCg TO INCLUDg VARIOUS
OTHER DiaDLYWEAPOWS
Commissioner Matthews advised that she asked that this item be
added to the amends. She indicated that this issue has been brought
to her attention through a letter received from Dr. Robert Gore.
Commissioner Matthews stated that the discharge of firearms is
prohibited in any platted subdivision in Collier County. She remarked
that the ordinance describes a deadly weapon, however, that definition
does not include some of the things being used, namely, hunting bows,
crossbows and other projectiles. She suggested that conside:ration be
given to amending the ordinance to include these types of weapons.
Commissioner Matthews Indicated that this is major safet~/issue,
since these other types of deadly weapons are being used to hunt and
under the current ordinance they are legal in platted subdivisions.
63
Page 19
October ~9, ~993
Cosaissioner Natthews moved, seconded by Cosstssloner Senriders
that staff be directed to prepare mndsents to the Firearms Ordinance
to include additional deadly weapons and present same for discussion
In a .x.~.ec~-ble amount of time.
Dr. Robert Gore spoke with regard to this item.
glMZn call for the question, the motion carried unanimously.
(1180)
lteaelOa
DISCUSSION i~l 2~uCxu~X OF BCC NEETINGS - QUARTERLY PLANNING SISSIONS
TO BI!IILDWIT~ rf/kFF ON THE 6TH TUESDAY OF ~ NOrrH~ PUBLIC
PITITIOIS TO BI LIETED TO 10 NINUTES
Commissioner Saunders suggested that consideration be gluten to
streamlining the weekly meeting schedule and become more eff~Icient in
terms of doing business. Referring to a listing of potential meeting
dates, he suggested that meetings be held on the first and third
Tuesday and Wednesday of each month. He emphasized that this would
not be a reduction in the number of meetings but actually, an increase
in same. He noted that this schedule would also provide the oppor-
t'unity for the Board to conduct workshops or strategic planning
sessions on the off week.
Commissioner Saunders pointed out that another benefit would be to
hear administrative matters on Tuesdays beginning at 9:00 A.M. and
public petitions and zoning issues would be heard on Wednesdays at 1/2
hour intervals with time certains being set. He revealed that
emergency items requiring approval would be accommodated.
Commissioner Constantine remarked that he does not beltew} this
particular suggestion is the solution. He noted that there w:[ll be an
occasional lengthy meeting, but part of this depends on the m~xnner in
which the meeting is organized. He pointed out that two publJic peti-
tions lasted until 12:20 P.M. at a meeting five weeks ago.
Commissioner Constantine suggested that public petitions t,e
limited to a 10 minute time frame and the Board would then determine
whether those items should be pursued further.
Commissioner Constantine indicated that taking a week off in bet-
Page 20
October 19, 3.993
ween meetings would not be the answer. He called attention to a
meeting in August after returning from a week's recess, noting that
there was an abundance of staff items which resulted in the meeting
lasting until after 8:00 P.M.
Commissioner Volpe advised that he surveyed 26 counties as to how
they conduct business and they all meet on Tuesdays. He noted that
some of the counties meet every Tuesday, and others meet three
Tuesdays per month. He revealed that some of the counties haw~ tried
evening meetings, however, they have found that they are no more suc-
cessful than the day meetings.
Commissioner Volpe offered the following suggestions: conduct
planning sessions or workshops with staff on the 5th Tuesday of the
month; set an ending time for the meetings with unfinished busJ.ness
continued to the following morning; expand and circulate the consent
agenda in advance and determine whether any of those items need. to be
pulled and added to the regular agenda; discontinue reading
Proclamations in their entirety; reserve one meettng per month to
recognize employees receiving Service Awards; informal meeting at 8:30
A.N. with members of the public desiring to address the Board; and
variances less than 5 feet to be delegated to the Planning Commission
with an appeal mechanism in place.
County Attorney Cuyler advised that he will provide the Board with
the Supreme Courtms decision and various options with regard to the
issue of variance delegation within the next few weeks.
County Manager Dorrtll remarked that the Board has been criticized
in the past for making changes and add-one at the start of the regular
meeting agendas. He indicated if the Intent Is to hear the bus.|ness
items every two weeks, there will times because of the agenda d4sadltne
schedule that a developer or petitioner could run the risk of having
to wait almost three weeks to have the Commission act on their :issue.
He revealed that this would result in increased requests for add-on
items.
Commissioner Constantine suggested that a regular strategic
Page 21
October 19, :t993
planning meeting be scheduled quarterly and that the public ~!titton
process be limited to ten minutes and limiting the number of times the
same issue can be presented by the same petitioner. He indicated that
he concurs with the idea of having a specific meeting end time.
Commissioner Matthews suggested that the Commission consider a
task force comprised of citizens, members of the private industry ~nd
invite the School Board and the City to participate in ways of intro-
ducing the entrepreneural spirit into County Government. She
explained that there should be a way to introduce incentives to pro-
vide the citizens with the best possible service for the least
possible price.
Commissioner Constantine stated that the Productivity Cosmtttee
would be the appropriate body to deal with this issue.
Commissioner Saunders remarked that he believes the concept of
providing incentives for more productivity is very good. He concurred
that the Productivity Committee ts involved in this regard taa minor
degree and questioned whether Commissioner Matthews would agree to
establishing a sub-committee of the Productivity Committee. He
pointed out that the two committees would work well together.
Commissioner Matthews advised that she concurs with Commissioner
Saunders' suggestion, but noted she would like input from persons
involved with non-profit organizations.
Commissioner Volpe stated that the Board of County Commi!~sioners
needs to be doing the strategic planning with input from the EDC,
Chamber and others. He noted that he does not see the proceEms by
having a sub-committee of the Productivity Committee.
Commissioner Matthews remarked that the skills and knowledge of
the five Commissioners are limited. She explained that she J~s not
adverse to looking to other people to provide information relative to
issues that are going on in the world that she knows nothing about.
Commissioner Norris indicated that he concurs that there is
already a mechanism in place and It is not necessary to form any new
committees since the Productivity Committee should be utllizmmd tn this
P~tge 22
October 19, 1993
regard. He cited that he believes it is an excellent Idea to look at
privatizatton in addition to enacting other things that will help
County Government to run more efficiently.
Commissioner Saundere suggested that the Board determine the
number of people to serve on the sub-committee and make the appoint-
ments to same. Commissioner Matthews cited agreement with
Commissioner Saunders ' suggestion.
Commissioner Matthews remarked that she will contact people in the
private sector that have taken their business through these types of
things.
Mr. George Keller spoke to this item.
Tape ~S
County Manager Dotrill remarked that he believes a privattzation
analysis is an excellent idea. He advised that in 1991, the Florida
Institute of Government at the University of South Florida, did a
state-wide analysis of County Commission spending, privatiza'[ton, the
use of franchise agreements and sexyice contracts. He repor'Ced that
Collier County is the second in the State only to Duval Coun'~y in
terms of the total amount of efficiency, cost reduction and ]~rivatiza-
tion agreements. In addition, he indicated that the newest ~2eneration
of privattzation is contemplating selling the community's wa'~er or
wastewater services, selling the asset and re-evaluating whi~:h are the
key businesses they have to be in.
County Manager Dotrill stated that with regard to planni~lg
sessions, Polk County is utilizing an outside facilitator, a'[ little
or no cost, if the University system is used, to meet with the Board,
staff, Productivity Committee, and Taxpayer Action Group typhus of
organizations to lead the overall discussion so that it reaches a
goal.
Commissioner Saunders remarked that he believes Commisstt)ner
~atthews proposal will determine where the County can privat.tze cer-
tain functions, and noted that this is a positive approach.
A discussion ensued with regard to setting an ending tim,~ for
P.age 23
October 19, 1993
Board Meetings with the majority of the Commission concurring that
there is always the option, when a meeting ts running late, to con-
tinue the remaining agenda items to the following week.
Ccmisstoner Constantine moved, seconded by Commtssiomtr Volpe and
carried ~nanlsously, to sat a policy to organize quarterly planning
seestoms with staff on the 5th Tuesdays of the months and l!ollow the
10 sinate petition policy.
The consensus of the Board was that the first Strategic Planning
Session would be held on November 30, 1993.
Item tlOB
DISCU~SIO!I ltl A CITIZKN'S ADVISORY BOARD - PRIVATIZATION IF' GOVERNNENT
- 2UB--CQIe[ITTE~ OF THE PRODUCTIVITY COte4ITTXX TO BE APPOINIID
This item was discussed in conjunction with Item #10A.
Commissioner Natthaws moved, seconded by Commissioner Norris and
carried unanimously, to form a task force or sub-committee of the
Productivity Omittee to find incentives for performing better
~ t with · sunset of two years.
(527)
Item
BOARD OF COV/FPf COeV!ISSIONERS' COIV~UNICATIONS
Commissioner Constantine recalled that he asked the County
Attorney to research vagrancy, loitering and those types of issues.
He indicated that clearing lots from brush and natural debris prior to
the permitting process would deter vagrants and the homeless from
camping-out on private property. He noted that the private property
owner is left with the burden of cleaning up after the site. is
vacated. He asked the Board to keep this Issue in mind for' future
discussion.
Commissioner Constantine explained that during the past week he
had a discussion with a gentleman expressing a concern with regard to
the Aquatic Facility and the manner in which chlorine is heMdied. He
questioned whether the Golden Gate Fire Control District is, able to
handle hazardous materials, should there be a chlorine spill.
68
Page 24
October 39, 1993
County Manager Dorrill replied that staff has develope. d a chemAcal
response to the type of treatment process being used with the PublAc
Health System for public pools and the necessary Occupational Safety
and Training activities for that pool. He noted that ha will inquire
about the capabilities of the Fire Department with r,~gard to a
chlorine leak.
Coutssioner Volpe announced that the U. 5. Department
Agriculture has temporarily put on hold its plans for the new plant
which was to be located in Fort Pierce and they have re-op~mned the
process for the selection of the site. He suggested that tJtaff look
into this matter to see if Collier County could get back into the pro-
cess.
see CcsBissionsr Natthaws xnmd, seconded by Cossissicmer Norris
seal carried 2/0, that the following lte~s ~nder the c~x~ent agerids
be :~,~v._d and/or adopted:
Item ~'le~ll
ItSSOLUTION 93-480 !tILEASING TH~ NAINTINANCE SICURITY AND (DL~JeTING
FIMAI, ACCI~mTJ~IC~ OF ~ ROADWAY, D!tilN&Gat, W&T~It AND
I~z~vsJe~3rrS FO~ ~ FINAL PLAT OF "LELY ISLAND ESTATES"
Item 112A2
laXSOLUTION 13-481 It~LKiSING TIlE MAINTENANCE 3E~uKITY AND GItAMTING
FINAL tCCIPTiNCI OF TH~ ROJkDMAY, DRAINAGI, MATER AND 2EWIR
l~ F01t THE FINAL PLAT OF '(~UAIL CREAK PLAZA,
~T~SOT.~TIINI 93--412 I~LZ/LSING TIrE ~klNTINANCE Stuu~ITY LID ~MITXNG
FIIM. 12ClFfMItl OF T!~ I~OJUNtkY, DR&IN&GI, MATEI~ MTD
rICP~V~N~iI~ FOlt TEl FINAL PLkT OF w(~UZKNS PARK AT LAGO V~tDle, PHASE
See Pages
6.9
ltem el2&2
Page 25
See Page
Item/ll/i4witbdrsan
II~SOLUTION 90-410 AFFROVZNG ~ FIN~ ~T OF wPKLZC~ ~ ~IT ~"
-~~I~TX~ ~ LIS~D IN ~ ~I~ 8~
October 19. 1993
J;Rt~OC&IL~ 2TMIDBT LETTIN OF CREDIT ACCEPTED FOR EXCAVATIe3N ~T
SO. Se.l eX els,~anx~s rAZES, P~RCXL Z"
Ires lltAI
WATER FACILITIII ACCIEAS~ FOR THE POllrrl AT PILlCAll BAY - IrlTl
Item e16A9
WATZN AND ~ FACILITIES ACCEPTED FOR QUAIL CREEK VILL&GI:, P1ULSK
III, TltlLCT LI: MID GRKENBRIKR ON TI~ FAIRWAYS - WITH TRI STIPULATIONS
AS LISTED IN TBI IXICUTIVE SUIQ4kRY
RECORDED IN OR BOOK ~894 PACES 649 - 684
ql-
Item tllll moved to #IB2
Irma ~leCl se~sd to ~2C1
C!~NIC&t~ F(3~ FISCAL YEAR 1993/9~ - Ale~RDID TO V&RZOU~ VgND:IR2
BID 192-2084 FOR POTABLE AND IRRIGATION MATIR SY~TIM IMPROll!ITS FOR
FI~ICAI BAT - AlANDID TO MITCHELL I STARE CONSTRUCTION COMFIL!ff, INC.,
II THE IilOVIIT OF $394,711
lte~#1lDl
CHAIGI OXDIl!lO. · TOTHI CONSTRUCTION CONTRACT WITH CJLRDINJ~
C~w~j[~tS, ZNC., FORM A STIR pOMp STATION 3.16 AND 3.18
ltma lllD~
NCYTZf3~ OF PRf3MISl TO PAY AND AGREKMg!IT TO EXTEND PAYMENT OF SKW!:R
IMP&CT FI:~SFOR:AIP. ROOS, TRUSTrg
Sea Pages
IATIIFIbSTIOII OF NOTICI 0F FROMISI TO PAY ANDAGRKI411T TO IITIND
liTMill OF ~ IMPACT FIKS FOR DONALD AND JUDY BAUDZNO, !tIE Z.
BZSlI, ~ J~ldd~'aW CRIIGHTON, SlRAFINAIID IRINI DORI&, IHIILA D.
GIBI&I~, IAID IIMBKRLY H01X312, 30SlFH AND C&ROLTN IAC011~LI, FAULA
SOSA, IT&ILIT 3. LIIBIRFARB, TRUSTHI, AND RICHARD 3. TIMEO
See Pages
Page 26
October 19, 1993
Item e16H1 moved to #8~2
ITDIrZ'iIII~I~IIN'EI I~COGIZZING I~03'ECTEDCAR/~ :FORWARD FOR PI~03'ZCTS IN
FUIlDIlIt I'0119 301X FUND 306; FUND 307; FUND 345; FUND 362: !'U'ID 365;
:F011DII4~ MIRFT~ID 368
lmelli3 ~tlm~4 to 10/26/93
1:!3OI,U'rIQIIIJ-414As. CClI.~s~ING GM~ ~ M~S ~R~Z~ ~
See Page /~ ~
ItemIll3
CORRESPONDENCE - FILED&ND/OR REFERItgD
The following miscellaneous correspondence was filed and or
referred as presented by the Board of County Commissioners, including
the additional Item below:
Preliminary Notice to Owner dated 10/7/93, to Collier County
Government from Florida Mining & Materials Concrete Corp.,
for ready mix concrete, block and related materials for the
North Collier Water Treatment Plant, under an order given by
Ewtng Construction Co., Inc. Copied to Steve Carnell, John
Yonkosk~ and filed.
Page 27
October 19, 1993
XteslZLTI
~I&ZITI]II ~ IRPATZ INS. 65947 MID 82000
Ztemele~2
SATIIF&CTI0ffS OF LIEN FOR SERVICES OF THE PUBLIC Dsxssus~
see P.ges iOq- !11
ltem tlTL1
IATI27&CTION OF LIEN DOCUMENT FILED ON REAL PROPERTT FOR THE ABATEMENT
Item#IlL2
RI3(FLUTIOI S3-485 AFPROVING TEE SATISFACTION OF LID FOR ACCC~3NT IN.
001281 (IIMIU~L I SMI 3UANZT& INRZNO, ~R.) FOR ~ lggl SOLZDIILTfR
COLLI=TIOIIIMD DISPOSAL SERVICES SPECIAL ASSESSMErIT LIEN THAT leAS
~ "' S, T!I FROPERTY IN ERROR
See Pages
//3-//~L
Item llIL$
RESCxLUTI~ 13-416 APTROVING THE SATISFACTION OF LIEN FOR ACCOUNT NO.
01688T (VZVI&NWI=TER AND CATHERINE WITTER) FOR THE 1991 SOLEDWASTE
COM~TIO~IJlDDISPOSAL SERVICES SFXCIALASSESSMENTLIENTK4',rNAS
PLACID .W~qJ[.o, THB PROFErrY IN BPJt0R
Se, ~'.gee / / K- / / ~.
ltem#leL4
mOLUTION 93-487 &PP~OVING THE SATISFACTION OF LIEN FOR ACO3UNT NO.
010650 (LEONARD C. · JILL R. BURKE) FORT HE 1991 SOLIDWASTE
COLLK~IONAND DISPOSAL SERVICES SPECIAL ASSESSMEIeT LIEN THAT WAS
PLACID AGAINSTTI~ PROPKRTY IN ERROR
Item #12L8
RISOLUTIOI g3-488 APPROVXNG ~ SATISFACTION OF LIEN FOR AC~DUNT IN.
O181H (~'OIII~NCCORD) FOR TI~ lggl SOLID 1taSTE COLLECTION ~ID
19-.-
II~SOLIFflON 12-4S9 &PFROVING ~ SkTZSFACTION OF LIEN FOR AC~3UNT IN.
0446~0 (LrlD& ksx~U&~l) FOR TI~ lggl SOLID WASTE COLLECTION ,UID
DZSPSe&LSX&~ICES SFECIAL&S21SSMENT LZENTBATWAS Pr,&C~DA~LTff~I' I~E
.oo, 000,. 74
Page 28
October 19, 1993
There being no further business for the Good of the County, the
meeting was adjourned by Order of the Chair - Time: 12:40 P.N.
BOARD OF COUNTY COMMISSIOIlERS
BOARD OF ZONING APPEALS/B[
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS
CONTROL
~UNDERS,
,,. ,.. -:'~:,; ,,:-,. ;.~ <.:-, ..: .
:;!:" Tl~';,ltnute. ,pproved by the Board on
,~,~ as presented /or as corrected
CHAIRNAN
000,, 75
Page 29