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BCC Minutes 11/16/1993 R Naples. Florida, November 16, 1993 LET IT BE REMEMBERED, that the Board of County Commissioners in and for the County of Collier, and also acting as the Doard of Zoning Appeals and as the governing hoard(s) of such special distric~s as have been created according to law and having conducted business herein, met on this date at 9:00 A.M. in RBGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: · CHAIRMAN: Burr L. Saunders !,; VICE-CHAIRMAN: Timothy J. Constantine John C. Norris Michael J. Volpe Betrye J. Matthews ALSO PRESENT: John Yonkosky, Finance Director; Sue Barbtretti, Recording Secretary; Netl Dotrill, County Manager; Ken Guylet, County Attorney; Dave Weigel and Richard Yovanovich, Assistant County Attorneys; Frank Brutt, Community Development Services Administrator; Tom Olliff, Public Services Administrator; Bill Lorenz, Environmental Services Administrator; Leo Ochs, Administrative Services Administrator; Mike MoNees, Budget Director; Michael Smykowski, St. Budget Analyst; David Russell, Solid Waste Acting Director; Sue Fileon, Administrative Assistant to the Board; and Deputy Byron Tomlinson, Sheriff's Department. Page November 16, 1993 (oas) AG~IrDA - APPROVID WITH County Manager Dorrill reviewed the changes on the Agenda Change Sheet. Commissioner Matthews announced that the questions she had on Item #16D2 have been answered, therefore it could remain on the consent ~ sgenda. '~' Commissioner Matthews moved, seconded by Commissioner Norris :~'[.: end carried unanimously, to approve the ageride with the changes as !~ detailed on the Agends Change Sheet. ~' Referring to Item #10B, Ms. Fern Aitchison requested that the item ~; ,', ~" be continued so that Mr. Parker could be present for the discussion. Comsdssioner Matthews moved, seconded by Commissioner Constantine and CaXTied unanimously, that Item #10B be continued to the meeting of December 7, 1993. 06 Page 2 November 16, 1993 178 ) X't:et e2Jk The motion of approval of the consent agenda is noted under Item .>,(18o1 e2 OF f~l RIGUr4R IGITING OF NOVINNER 2, lgg3 MID NIlOTIS OF TaX NIlTrIG OF IOVINBI3t $, 19 3 - JLPPROVED g Cosaiseloner ~atthews ~oved, seconded by Cosaiseloner Yelps an~ carried unanisously, that the minutes of the regular seating of Novn ~sr 2, 1993 and minutes of the special meeting of November 3, 1993 be a~vx~v~d. (197) Xteae4B Cceaisstoner I~tthemm presented the Service Awards to the ~ollo~tng C~lller C~unW e~pl~yeee: Nancy W. Adler, 5 years, Code Enforcement Kurt B. 3okela, 5 years, Fleet Management (223) Xtet#2& 9"~~1; OF ~UDGIT AiqKN1XQ31TB 94-49 MID 94-51 ComLtesloner Norris moved, seconded by Commissioner Natthaws and carried unanimously, that Budget Amendsonto 94-49 and 94-51 be (302) .VICTOitV&T. DIS itltSl!IRIFF'S D~PJLRTMINTRICO!tDS - CONSIISUS NOTTO VJLPP!tOVI FUIDIIG FOR COPIES Victor Valdes announced that he ts conducting an investigation of the Shertff's Department records and stated that he requested copies on two occasions and his requests have not been addressed. Commissioner $aunders reminded Hr. Valdes tha~ the issue before Page 3 Novenber ~6, ~993 ~,,~ :~"the Board of County Commissioners is the copying of records. Mr. Valdes indicated that according to the general order of the Collier County Sheriff's office, the press shall be provided with copies without charge. He revealed that he is a member of the press and that the Sheriff's Department is charging him for copies. Lt. Byron Tomlinson, representing the Sherifles Department, com- mented that Sheriff Hunter and Collier County Sheriff's Department have done everything possible to accommodate Mr. Valdes. He confirmed that since the Board allocated funds for Mr. Valdes to review the files, Mr. Valdes has reviewed 154 cases. Lt. Tomlinson stated that Sheriff Hunter is willing to stand behind each and every case that is filed in the Internal Affairs office. Commissioner Saunders pointed out that if Mr. Valdes wants copies of every case file, it is beyond the scope of what he can sup- port. Lt. Tomlinson disclosed that Mr. Valdese Journalist license expired on September 30, 1993, and his newspaper license expired in February, 1991. Commissioner Saunders asked County Attorney Cuyler to check into what procedures are necessary to obtain the licenses in question. Mr. Valdes responded that Mr. Cuyleres assistance was unnecessary. Commissioner Saunders told Mr. Valdes that his request for funding for copies has not been approved by the Board of County Commissioners. Commissioner Saunders advised that if he is a member of the press, whatever policy set by the Sheriff's Department for the press should be applicable. 841) ~.~BID ~9S-2110 FOR ANULTI-FAMILY. RECYCLING PROGRAM TO NASTB MANAGKNIFr OF COr, LllROOUFrY - APPROVED David Russell, Acting Solid Waste Management DIrector, reported that it is starfee recommendation to award Bid #93-2110 to Waste .o,, 09 Page 4 November 16, 1993 .? Management of Collier County. He noted that out of 58 inquiries, 8 ~:'bid packages were actually requested from vendors 7 no bids were , received and only Waste Management submitted a bid. Mr. Russell declared that the bid of 8.92 from Waste Management is close to the original negotiated price of 8.95 for a five year period. In response to Commissioner Constantine, Mr. Russell replied the bid from Waste Management was the only qualified bid received. Ccsaislloner Constantine moved, seconded by Cometseisner Norris to approve Bid 193-2110 to Waste Management of Collier County. This item was tabled and discussed later in the meeting as follows: Michael Kennedy, Waste Hanagement of Collier County, announced ~. that the program would begin in April, 1994. ...;,. Brad Cornell spoke on the subject. ,, Upon call for the question, the sotion carried 8/0. (952) Item till1 TDC I~TIO!IS !tl NROPOSILS SUBMITTZD FOR TOURIST TiX FUNDING IN T~I TOU!tlSll GltalT !~OG~MI (CITIGORY C)z - NiPLES NITIOIaL GOLF CLUB - T&~ZID~ F~ILK&!~IONIC C~NTEIt FOR THE M~TS - APPROVED; ~ ~ ~ OF COlelIRCI - APPROVZD; AND LELY HIGH SGHOOL BiND BOOSTEllS - Michael Smykowski, mr. Budget Analyst, stated that the original funding requested in Category C was $323,250.00, but after meeting with the applicants the TDC recommended funding projects amounting to 8266,298.00. Mr. SmWkowskA explained that the TDC recommended tabling the ;I'Y application for the Naples National Golf Club until February, 1994. In response to Commissioner Constantine, Mr. Smykoweki replied '~i that TDC took issue with the Philharmonics' proposal because salaries "of full time staff were included as an expenditure. Assistant County Attorney Yavonovich clarified that the current TDC guidelines prohibit the use of TDC funds to fund a full time staff, which is why the TDC suggested that they establish a separate · . oo,,10 Page 5 November 16, 1993 .legal entity that would oversee the event and then contract with the · ..~ Philharmonic to provide personnel for the event. Myra Denials, representing the Philharmonic Center, explained the operation of the Philharmonic Center. In response to Commissioner Volpe, Ms. Denials confirmed that a separate legal entity will be established for Jazzfeat '95. : Ms. Denials described the projected attendance of the proposed 3~ ~': day festival. Commissioner Saunders acknowledged that the TDC is concerned with tourist promotion and stated that he believes promoting Naples as a summer destination is important. In response to Commissioner Norris, Commissioner Saunders clarified that the funds collected by September 30, 1993, will be funding projects in 1994, and the funds currently being collected will be used for 1995. The following people spoke on the subject: Anne Allen Alan Reynolds It m t2m consensus ot the Board to table the Naples National Golf Clubespropolal until February 1994 as recommended. C4Nsmissioner Volpe moved, secondsdbyCommjesionerNatthewl that the Fsquest for the Philharmonic Center for the Arts be approved. Upon call for the question, the sotton carried 3/2 (Commissioner NorTie ~d Cosm~esionar Constantine opposed). Colmissioner Volpe moved, seconded by Commissioner Norris that the request ~or the Naples Area Chamber o~ Commerce be approveft. Upon call for the question, the sotion carried unanimously. Comsdssionl.r Norris moved, seconded by Commissioner Constantine that the Fequsst for the Lely High School Band Boosters be approved. Upon call for the question, the sotion carried unanimously. ltettgA COlTZITr~!IFfI31TION AGRKI)IZlTATrfl!ORIZZHG T.~ILL 8i]TVZCF~ ON,LN eAS ~ .IIXDIDe !&218 WIT~O~RI0:RDD, KIklI, HOOTI'IMI, INGIV. X i DUIZI~, F.A. - County Attorney Cuyler explained that this item is a request for approval of a continuing retention agreement w~th 0'Riorden, Mann, Page 6 November 16, 1993 '-Hootsan, lngram & Dunkle, P.A. in order to provide specialized legal service for the County's insurance defense cases. Nr. Cuyler stated that he does not have any cases being handled at the present time, but recommends continuing the agreement on an 'as needede basAs. CasaissionmF Volpe moved, seconded by Commissioner Nmtthews and carried unanimously, that the continuing retention Igrees~nt with O~lorden, Nann, Eootsan, lngrss& DunkIs, P.A. be approved. Page November 16, 1993 (soxo) ]I/,C~IIIII~&TI0I TO DICLAitl A VACANCY 0N TKI GOLDIDI nsTI COMMUNITY CI31TIX&DVISOItTCXIIIITTII -APPROVID Administrative Assistant to the Board Fllson reported that commit- tee member Randolph Boers has artended only two meetings since appointment to the Golden Gate Community Center Advisory Committee. She explained that because of the Committee's policy, it necessary to declare m vacancy. Commissioner Constantine moved, seconded by Commissioner Matthews, and carried unanimously, that the position on the Golden Gate Commaairy Center Advisory Committee be declared vacant. Commissioner Saunders directed Ms. Fllson to advertise the vacancy. A brief discussion was held regarding better advertising for Advisory Board vacancies. (3265) DZSCUIBIOI OF IIAltCO ISLAND CRITICAL NILDLIFI ARIA/APPROVAL OF TA&VIL 13GsIIIISI~31tATTIXDANCI AT TIll FLORIDA GAM~ & FRISNMATI~FIBN COIIIISSlOINIITIIIg - COIelISSIONIR NORRIS TO ATTEND MELTING AND BCC TO ~ liPfAX RRCO!elENDATIONG BXFORR FINAL ACTION Commissioner Norris provided a map to depict the legal description of the critical wildlife area established by the Florida Game & Fresh Water Fish Commission. He stated that two problems have been created, the first is that the posted area is on Marco Beach itself and the ~:.; second problem is that the area has been moved completely outside the legal descript~on. Commissioner Norris provided the Board with his compromise ...suggestion. (Copy not provided to Clerk. ) Commissioner Norris advised that he will be attending the workshop ~! meeting representing the Board of County Commissioners. He stated that he will suggest that the posted areas on mainland Marco Beach remain, but to delete the section that is not part of the legal Page 8 November 16, 1993 Commissioner Norris announced that the Board is trying to provide a solution that satisfies the wildlife and the beachgoing public. Commissioner Norris noted that the expenses for the meeting listed in the executive summary are incorrect because there will be no over- night stay. Commissioner Natthews expressed her concern regarding the erosion control line. She suggested that the Environmental Policy and Technical Advisory Board's {EPTAB) input be Included. Commissioner Constantine indicated that erosion control lines and critical wildlife areas are two separate issues. Commissioner Saundere agreed with Commissioner Natthewe comment regarding EPTAB. In response to Commissioner Volpe, Commissioner Norris replied that EPTAB was aware of the Board's action on this issue since September. Commissioner Norris confirmed that the meeting of November 18th is a workshop meeting and no final action is scheduled before ~anuary 1994. The following people spoke on the issue: David Addison George Keller Commissioner Constantine contended that Commissioner Norriss pro- posal is an excellent compromise. Ccsssisst~er Constantine moved to approve the expenses for travel to tbll~rkshop and to present Commissioner lorries proposal as the Countyes pmsitlon regarding Sand Dollar Island. In response to Commissioner Matthews, Commissioner Norris answered that he will be attending the workshop meeting of the Florida Game & Fresh Water Fish Commission as a representative of the Board of County Commissioners of Collier County, A discussion regarding the position of the Board of County Commissioners ensued. Commissioner $aunders questioned the appropriateness of the County sending two representatives to the workshop and whether sending Mr. 000. : 18 Page 9 November 16, 1993 r~. ;:' Blanchard as a representative or the Narco Beach Renourtshment Advisory Committee would represent the interests of the County. Ulma call for the question, the sotion failed 2/3 (Cmmlsstonmr 2~ders, Cossdss~onmr Nmtthmm and Commissioner Volps Commissioner Saunders revealed that he would like EPTAB to review this issue and would like staff input as to what the County's position will be. Commissioner Matthews revealed that she is not opposed to having Commissioner Norris attend the workshop, but feels that EPTAB*s Input on the outcome of whatever action ts taken is Imperative. Commissioner Saunders concurred with Commissioner Matthews and stated that because legal issues have been raised, he would like veri- fication of the statement proposed. Commissioner Volpe declared that he did not support ~he motion because he does not reel it is essential to send a representative to the workshop. Commissioner Natthaws agreed that her concern regarding the motion was the necessity of having two representatives sent to the workshop, one of which is the Chairman of the Marco Beach Renourishment Committee, which is a special interest group. Commissioner Matthews moved, seconded by Commissioner Volpe and carriednnsai~onsly, that travel expenses for Commissioner Norris be approved so that he My attend the workshop seating to represent the concerns of the Board of County Commissioners to the Florida Game Fresh Mater Fish Commission and that IPTAB take this project under tdvismtent so that they amy recommend the outcome of the alternatives to the Sosrd of County Commissioners before the final Mat cots takes County Attorney Cuyler stated that the School Board Is required to place a portable classroom on a parcel of property In Immokalee. He Page 10 November 16, 1993 informed the Board that the School Board is currently in the con- ditional use permitting process. Hr. Guylet noted that the LDC requirements for conditional use are being reviewed for the possibility of a state exemption. County Attorney Cuyler reported that the School Board will meet on November 18, 1993, and have offered to adopt a resolution granting the County harmless and granting the removal of the portable classroom in the event that the conditional use or exemption is not granted. Cemsalesioner Norris moved, seconded by Cosmaiselonar ~atthews and carried unanimously, that County staff will not take any action to prevent the School Board from proceeding with the places,me of the portable clssarool, condttioned upon the 'Hold Harmless' agreement and review by the County Attorney's office. SEE PACES /c~-/c~ (1243) Xtel#12 2TAFFCGW.umXC&TION County Manager Dorrlll reported that the insurance options would be discussed by the Board on December 7, 1993, and advised that the Board move forward with its' insurance program so that the open enrollment period for employees may be established by January. Mr. Dotrill presented a request from T.A.G. for a public petition pertaining to the recent gas tax vote. It was the consensus of the Board to schedule a public petition regarding the gas tax vote. eta COllLtSliODIl' Norris loved, seconded by Collieeisner leaSthews sad csrrtsd 8/0, that the following items under the consent agerids be aVpx~va.l end/or adopted: Item ~l~lkl ~F~OtUTZOI 93-fi31 AUTBORZZZNG Tlrg R~CORDZNG OF TKE fiNAL FLAT OF aDOVile PARCe - WITN TEg STIPULATIONS AS sISTED IN S ~X~CUTIV2 ltem#lSA2 itF,~OLUTION 93-532 AUTHORIZING TaX RECORDING OF TEE FINAL PLAT OF "QU&ILIIX~TUNIT ONg, REPL/T BLOCIS lAND F, FIRST ADDITION' - WITH ~ 2TZPUZJkTZONS AS LISTXD IN ~ ID[~CUTIVE BU)E~tRY Page November 16, 1993 ]~S0LUTZON 93-533 AUTHORIZING TBI RECORDZNG 01 'Hrg IZNAL l~,k~ 01 wQUATLWIST ~IIZT O/K, RKPLAT BLOCES G AND E" - WITH TH~ STIPULATIONS Item 116&4 RESOLUTION 93-534 A13THORIZING THE RKCORDING OF TI~ FINAL PLAT OF "FAT, CONS GLEN VILLAS, PKASg 0RE" - WITH THE STIPULATIONS AS LISTHD IN FINAL PLAT OF eLONGSlT01~/LJ//, UNIT 8-C' - WITH THE STIPUT, ATIONS AS LISTED IN TIll KXEC~TIVE SU~4ARY Item #16A7 See Pages filIAL PLAT 0F "LONGSN01tE LAEE, ONIT 5-B" - WITH TH~ STIPULATIONS JL~ LISTED lIT HI D/COTIVE SD)JU~Y ltem#16D1 See Pages SATISFACTIONS 0Y NOTICE 0F PROMISE TO PAY AND AGREEMENT TO KXT~ID P&TIlKNT 0F 2SLIER IMPACT ~ FOR GUILLKRMO AND BARBARA MARTINSZ, PHILIP MFD TKRRI RUSSO, AND 30YCE WKSBR00K See Pages COm~ZIYITZON AH'D RATIFICATION 0F UTILITIES DIVISION AEMINIETRATOR'S ]kCTION~ K33RClE1T3 THE COLLIER COUNTTWATKR-SKWERDISTRICTo2 OPTION TO sa4admTHl LLIZl 0Y S/WKR FLANT SITH AND L//SE OF XFFLUDIT PONDS 93-535 P,K LEASE &GI~D~RT BFll~KN COLLIER C0~ITY AND Asrx&StlTATIV2 LUIS E, R03AS IN ORDER TO UTILIZE OFFICE 8FAC~ IN THE ADIfl31ZSTR&TION BUILDIN0 AT TH~ COLLIER COUNTY GOVKRNMZNT COKPLKX Page 12 November 16, 1993 Ztm#16X2 ~ESO~UTION93-536 I~X LKaSX AGREKNENT BETWEEN COLLIER COUNTY AND C~SNMI POrf~t OOSS IN ORDER TO UTILIZE OFFICE SPACE IN THE AJ:IINISTIZaTZON I~ILDING AT TIrE COLLIER COUNTY GOVKRNNENT CO!eEq, ER Item e16Xl See Pages 2/- 8URr'-AIIX]~JL~&(I:I~X:ENI3T NO. 5 W/:I~ KkRPE:R BROTi[ERS, INC., ~:)R COiazn~mr~,zOI i~;n~VslG:NTS/IIODZFZCATZONS TO R&DZO ROAD (COUNTT PRO3ECT 65033) - ZNTI!X A!~OUNT 0F 814,950 Ztem#16H2 See Pages BUDGFfANXEIIENT I~COGNZZZITG PROjECTED CARRY FORNARD FOR T!r2 NORTH NLPLES Ika~uxeCY SERVICES CEFI~R ZNFUND 301 - ZN THE ANOUNT OF 8111,000 Ztes#16~3 rrLFF TO BITER INTO NEGOTIATIONS WITI! TI~ NI3XBER ORE RMIIXD FIN OF TU!tI~LL &,ISSOCI, I, TI'S: DISTON I leooRE; AND COASTAL ZlTGIREERING CONSULTA~ITS, FOR T!iE PREPJ~&TION OF TI~ lITLEE NANAGENKNT PLANS FOR CrAN, CkPI~I/~D CLXANKI~ PASSES, RESPECTIVELY Item#16114 beard with #10C ~Jxxasx ItlDeDi83r~ ~STABLISHING APPROPRIATIONS FOR TOURIST DEVELOPMENT FROIq)SU~a-~OvsDFREVIOUSLy BY THETOURIST DEVELOPNENT COUNCIL AND T![EI:I!~OFCf~n~x CO!I!ISSIONERS IN FY 93 Item Irl6N6 COrfl/Cr ~ WIT![ BVL FUND, INC., TO REFLECT ACTUAL ~ER I_.~UX,4D FOW. ~ NLw.,ES SENIOR ILalXik~R OPEN, B:ZLD IRON OCTOBER 1-6, 1993 ,ee NESCZLFANZOUS CO~SPORDENCE -' FILRD AND/OR P~FERI~D The following miscellaneous correspondence was filed and or referred as presented by the Board of County Conunlsstoners: 000- 22 Page 13 November 16, 1993 'Ires e1631 C2RTZFICATK8 OF CORRECTION TO TIlE TAN ROLLS AS Lc~/9:~rZXD ~ ~ 1990 TAN ROLL No, Date 341/343 10/12/93-11/5/93 248/250 155/160 1/64 1993-1/1993-69 KITRAOLT]ITIMX FOR IlTMATX NOS, 66996 1991 TAN ROLL 1992 TAN ROLL 1993 TAN ROLL 10/12/93-11/5/93 10/12193-11/09/93 11/01/93-11/10/93 1993 TANGIBLE PKRSONAL PROPERTY 10/I9/93-11/09/93 68942, 72162, 35950, 82836, 83681 &lID ltem#1633 SATISFACTIONS OF LIKll FOR SE1WICES OF TH~ PUBLIC DKFZlTD~ Itms#16L1 RESOLUTION 93-837 AFFROVING TI!K S&TISFACTION OF LIEN FOR H~IRY C. PORTIX, Ff OX, RII TH~ 1991 SOLID WASTE COLLECTION MID DISPOSAL SlaVIllS 2PBCIAL ASSRSSMXNTS .ee '.gee I/o -/// Page 14 November 16, 1993 There being no further business for the Good of the County, the meeting was adjourned by Order of the Chair - Time: 11:30 A.M. ATTE ~ aa BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL ee'l'..mi~ute~'Zpproved by the Board on or as corrected -!~' ~I,, .. BURT L. SAUNDERS, CHAIRMAN Page 15