BCC Minutes 07/19/1994 R LET IT BE REMEMBERED, that the Board of County Commissioners in
for the County of Collier, and also acting as the Board of Zoning
and as the governing board(s) of such special districts as
hays been created according to law and having conducted business
met on this date at 9:00 A.M. in REGULAR SESSION in Building
'[" of the Government Complex, East Naples, Florida, with the
'~llowlng members present:
., CHAIRMAN:
~ VICE-CHAIRMAN:
Timothy J. Constantine
Betrye 3. Matthews
John C. Norris
Michael J. Volpe
Burr L. Saunders
ALSO PRESENT: Ellie Hoffman and Sue Barbiretti, Deputy Clerks;
Dorrlll, County Manager; BIll Hargett, Assistant County Manager;
~er Edwards, Assistant to the County Manager; Ken Cuyler, County
Attorney; David Weigel, Assistant County Attorney; Dick Clark, Interim
~);~.,,:Communlty Development Services Administrator; George Archibald,
~. !;<*~ansportatton Services Administrator; BIll Lorenz, Environmental
~'~ '~ ::~ervtces Administrator; Mike Smykowskt, Acting Budget Director; Wayne
[ ~." ~'Arnold, Acting Site Plan Review Director; Tom Conrecode OCPM
~i~C~ lreCtOr ·
[j~,,.~.f~,~.,. , Ed Kant, Senior Traffic Engineer; Steve Camell, Purchasing
~. 7.Director; Grog Mthaltc, Affordable Housing Director; Tim Stick,
LAcenstn~ Compliance Investigator; Kevtn Dugan, Environmental
~-.
Deputy Dennis Huff, Collier County Shertff's Office; and
Fllson, Administrative Assistant to the Board.
0OO,, 01
Page I
July 19, 1994
- ~D IITH CHANSgS
:'Cc~sdseloner Saunders moved, seconded by Commissioner Matthews
carried unanimously, to approve the agenda with the cha~ges as
:ailed on the Agenda Change Sheet and the following additional
Item #16E1 - To remain on the consent agenda.
Item #1OF- Discussion re the renovation of the Board's offi-
ces and the County Manager'e move to the second floor -
Added.
Item #10G - Report on Florida Association of Counties meeting
- Added.
Item #12C1 - An ordinance establishing the Collier County
Water-Sewer District Authority - Continued to 9/20/94.
Item #12C2 - An ordinance amending Collier County Ordinance
No. 93-72, the Collier County Administrator Ordinance -
Continued to 9/20/94.
Page 2
July 19, 1994
AGKNDA - APPROVED
The motion for approval of the consent agenda is noted under
tem #16.
OF MAY 19, 1994 GOLDEN GATE TOWNHALL MEETING, MAY 31, 1994
2TI~ATIGIC PIJkMIIING MEETING, 3UNM 7, 1994 REGULAR MEETING, ;UNM 10,
1994 SPXCIAL I(ZZTING, 3IrNE 14, 1994 REGULAR MEETING, 31~NM 16, 17 AND
20, 1994 BTYIM3ZT WORKSHOPS - APPROV~D AS PRZSENTED
Coamtsstoner Matthews moved, seconded by Commissioner Volpe and
.:.9.~clLrrled unanimously, that the minutes of the May 19, 1994 Golden Gate
L'iL(Townhall Meeting, May 31, 1994 Strategic Planning Meeting, June 7,
.1994 Regular Nesting, June 10, 1994 Special Meeting, June 14 Regular
~eetlng, June 16, 17 and 20, 1994 Budget Workshops, be approved as
;~presented.
)
AMIRDS - PRESENTED
~,.Commlsstoner Matthews congratulated and presented Service Awards
the following employees:
Susan LeMay - 10 years, Emergency Services
Steven Donovan - 10 years, Emergency Services
Stephen Fontatne - 5 years, Community Development
Richard Woodcock - 5 years, Public Services
Fred Bloetscher - 5 years, Office of Capital Projects Management
"!.j(255)
l.teml4B1
[ZRBY, [MPZ~YZE OF THE MONTH FOR JULY 1994 - RECOGNIZED
Commissioner Constantine congratulated and recognized Mike Kirby
the Community Development Services Division as Employee of the
for July, 1994.
Mr. Kirby was presented with a plaque for exceptional performance
a $50.00 cash award.
Ctel#B&
'.~JJeENDNENT 94-505 - ADOPTSD
Page 3
July 19, 1994
"Acting Budget DIrector Smykowskt stated that there Is one budget
requiring Board action.
Commissioner Natthews moved, seconded by Commissioner Volpe and
unanimously, that Budget Amendment 94-505 be adopted·
,~(350)
;~.ltem#7A
THOMAS AUSTON INGRAM RE THE CONTRACTORS' LICENSING AND CODE
BOARDS - STAFF TO WORE TOGETHER AND BRING BACK IN 3-4
...~:: -
Mr. Thomas Ingram presented the Commission with a handout (copy
not provided to the Clerk's office). He requested that the Board take
:;jjthe necessary steps to institute a program of County home construction
17~.~ :-,,
~ections that provides a service, instills confidence and benefits
single family homeowners of Collier County.
Mr. Ingram suggested that three bold Initiatives be taken:
Review the selection and qualification criteria for members
of appointed boards, staff and arbitrators to eliminate any
"good old boy" protection and "yes" men of the Code
Enforcement Director.
Put back Into place the procedure that was in place until
June 14, 1994, for hiring the County's Community Development
Chief.
Establish County single family home Inspection standards for
the benefit of the little guy.
Mr. Ingram explained the events that lead to his complaint hearing
,,,~
before the Contractors' LIcensing Board on July 21, 1993. He reported
as a result of damages incurred by Hurricane Andrew, he signed a
tact for $7,282 to have his pool screen enclosure replaced with
ft'he assurance that the workers would be local talent. He advised that
the supervisor of the Job and the workers involved were brought in
om Orlando.
Mr. Ingram stated that he stopped worked on two separate occasions
to the lack of supervision and poor workmanship. He indicated
that he allowed the contractor to continue after he came on site and
'~ade repeated promises of corrections and better workmanship.
Mr. Ingram displayed various exhibits depicting poor workmanship
the screen enclosure. He noted that the "before" pictures depict
Page 4
work performed prior to registering his complaint with the
' Licensing Board. He remarked that the "after" pictures
are the result of corrections to the deficiencies.
... Mr. Ingram advised that four inspection reports from independent
'.'Inspectors reveal that the workmanship is poor and recommend
g a new screen enclosure.
'i':~ Mr. Ingram stated that the County appointed the Collier County
!:Pool and Spa Association as arbitrator, without his consent.
Commissioner Constantine remarked that Mr. Ingram has made some
~i:.serlous allegations and suggested that it may be appropriate for a
)resentative from the County Attorney's Office or the Manager's
lice to work through these allegations with the petitioner and
~port back to the Board.
E' Commissioner Saunders concurred with Commissioner Constantlne's
estion. He questioned whether Mr. Ingram is satisfied with his
screen enclosure. Mr. Ingram replied that he is not satisfied with
finished product.
Commissioner Volpe questioned whether there are home inspection
'rams within the other 67 counties of the State, to which Mr.
'lngram replied that he is uncertain as to whether other counties are
g home inspection programs.
Commissioner Matthews remarked that after reading the J. D. Allen
Eftsport, she questions whether she would want the contractor to cure or
'epair the problems of the screen enclosure. She asked if there is
that would allow arbitration for a third party to correct
problem.
]':". County Attorney Cuyler advised that this depends on the findings
the Contractors' Licensing Board (CLB). He revealed that the CLB
~generally allows the contractor the opportunity to attempt to cure,
'ihowever, tf a violation is found and the contractor has not cured
same, other steps may be taken. He explained that the CLB did not
[find any violations with regard to this case.
Mr. Tim Stick, Licensing Compliance Officer, affirmed that there
Page 5
~re no building code violations.
July 19, 1994
;',: Interim Community Development Services Administrator Clark cited
that there appears to be a very strong personality conflict in this
matter. He Indicated that even though there were no code violations,
i..i
,iZ,there were aesthetic problems. He explained that after the hurricane,
.the contractor became bombarded with orders to rebuild pool cages and
he did not have enough local employees of his own, he went to
~it'Orlando and hired employees who represented themselves as being more
experienced than they actually were. He noted that after discussing
Issue with Mr. Stick, the contractor agreed to tear down the
structure and rebuild a new pool cage.
>' Mr. Clark affirmed that the contractor did build a new pool cage
with his own supervision and his own employees. He reported that the
,pool cage passed all the Inspections.
;.
Mr. Stick cited that Mr. Ingram's new screen enclosure was built
September, 1993. He remarked that within the last two weeks, a
'letter was sent from Mr. Ingram complaining about rusted screws. He
Indicated that this is the only complaint that has been received and
· Mr. Threlkheld, the contractor, was immediately contacted and he
agreed to take care of those problems. He advised that a meeting has
been set up for Thursday, July 21, to take care of this matter.
Commissioner Constantine stated that staff from the County
er's Office and the County Attorney's Office will work with Mr.
)I~graun and come back to the Board in 3 or 4 weeks.
Commissioner Saunders commented that part of the frustration
Dressed by Mr. Ingram is that the County has a system in place where
:::'these aesthetic issues are so significant they resulted in a screen
having to be torn down and yet passed inspection. He
'ested that something may need to be done with the Codes to ensure
that a screen enclosure does not pass inspection when in fact it Is an
that needs to be torn down and replaced.
~iXtem ~B
EOONYZ REPRESENTING PROPERTY OWNERS OF NAPLES PARK RE A TRAFFIC
AT 99TH AVENUE AND U.S. 41 - STAFF TO PROCEED WITH THE
July 19, 1994
AND COME BACK TO THE BCC ON 8/2/94
~... Ms. Irene Koontz, representing the Property Owners of Naples Park
Traffic Committee, stated that there is a pending resolution providing
,.for the establishment and implementation of traffic control measures
!for the Naples Park area. She called attention to the proposed reso-
..klutlon which refers to the installation of a directtonal divefret at
east end of 99th Avenue, Immediately west of the U.S. 41 right-of-
way. She voiced support of the installation of the divefret.
Ms. Koontz explained that the six lantng of U.S. 41 and the
entrance to the Pelican Marsh development being aligned to 99th Avenue
:and the installation of the traffic light will make this a major
intersection. She revealed that without the divefret, 99th Avenue
will become a major thoroughfare and would be used by motorists as a
cut to and from the beach area and traffic will also be funneled
Into and out of Naples Park through 99th Avenue. She noted that any
increase in traffic flow through this Avenue is undesirable for many
.'reasons. She remarked that this is a residential street and for the
)st part is owner-occupied.
Ms. Koontz cited that an increase in traffic would Jeopardize the
~s safety, increase noise levels, attract litter and decrease
property values. She urged the Board to act upon this matter as
in the proposed resolution.
Ms. Koontz referred to the Resolution, Attachment 1, Item #2 which
the use of multi-way stops at several intersections. She
v~tced support of same to reduce speed and discourage thru traffic as
Avenues are aligned with the proposed median openings on U.S.
4i.
Ms. Koentz remarked that traffic counts were taken in Naples Park
1993, and noted that Transportation Services Administrator
Archibald has indicated that additional counts have been planned for
~L~eak season. She stated that the Traffic Committee of the Naples Park
~roperty O~ere wish to go on record that additional change8 may be
=' ..... Page 7
pending the new traffic counts.
July 19, 1994
The following persons spoke with regard to this item:
:C:'!: Doug Mc Gtlvra Ktm Kobza
.~/" Commissioner Volpe suggested that the proposed resolution be pre-
to the Board on the next available agenda and that public
be given of same.
~.~;a In answer to Commissioner Constantine, Transportation Services
;Admlnistrator Archibald advised that the resolution has been a Joint
)rt of the residents of Naples Park and Vanderbtlt Beach.
It was the consensus of the Board that Mr. Archibald proceed with
process and place this matter on the agenda of August 2, 1994.
Item~'ZC
'=JOHN I. ERUECKEBERG RIIPRESENTING COLLIER NAPLESCAPE 90'5 REGARDING
'.11910EILX[ ROAD LANDSCAPING - TO BE PLACED ON AGENDA IN ONE MONTH
. Mr. John Krueckberg, Collier Naplescape 90's Chairman, referred to
the proposition mentioned in his July 5, 1994 letter to County Manager
Dorrlll and noted that Mr. Botner will comment on same.
.' Mr. George Bother stated that Collier Naplescape has Identified
major roadways within the community in an attempt to develop
i;.:publtc and private partnerships to fund median enhancement activities
.this year. He advised that those roads are Davis Boulevard and the
i!.four mile segment of Immokalee Road between the North Trail and 1-75.
' Mr. Botner reported that there is the willingness of a couple of
:,private sector participants to assist with the funding of the
j:: ..:
[!:'?iandscape Improvements for a portion of the four mile segment of
"Immokalee Road. He explained that as a non-profit organization,
:::
.-.Collier Naplescape has been able to assist the public sector with prt-
funds from those who benefit most directly from landscape tmpro-
'vements on any particular road segment and blend those interests with
public sector contributions.
Mr. Botner reported that in order to meet the goals as outlined in
July 5, 1994 correspondence, the capital costs are proposed to be
16
: Page 8
July 19, 1994
(:'....
)400,000 plus $20,000 in design fees. He requested that 50~ of these
costs be matched by Collier County government.
: Mr. Jeff Blrr of Collier Enterprises stated tha~ as developers,
.;i..his firm, is interested in the beauttftcatton of Immokalee Road. He
indicated that Immokalee Road is a very important corridor into one of
the fastest growing areas of the County and deserving of a commitment
~;[]from the County Commission and the private sector in further
establishing the beauty that has been established in Collier County.
~',.u Ms. Jo Ann Smallwood presented a concept plan of the two mile
[segment of Immokalee Road from U.S. 41. to the Goodlette Extension.
She revealed that the composition of the beautification would be
Comprised of a canopy of live oak native pine, sabal palm, flowering
'Shrubs and native species.
Ms. Terry Tragtsar also spoke with regard to this item.
Mr. Botner suggested that Collier Naplescape be given approxtma-
i~n?tely one month to identify the remainder of a private sector funding
,oppor tun t
It was the consensus of the Board that this item be brought back
placed on the agenda in one month.
CITY/COUNTY AFFORDABLE HOUSING AGREEMENT - APPROVED AS
~::i.,"
. Affordable Housing Director Mthalic advised that the Interlocal
.Agreement between the City and the County will move affordable housing
a single Jurisdictional issue to a multi-Jurisdictional approach
With both entities receiving credit for any affordable housing units
bkxtlt within the urban area.
~'~'.Z Mr. Mthaltc recalled that this agreement was presented at the last
City/County Workshop, He noted that the boundary has changed
:slightly to make the agreement compatible with the planning com-
.munltles in the urban area In order for the accounting and reporting
.~o be compatible with the building permit applications,
Page 9
July 19, 1994
Mr. Mthallc stated that the Agreement will be presented to the
Council at their meeting on July 20, 1994.
::, Mr. Mthaltc explained that the Agreement will fund affordable
ft.,housing provisions of the County through the County wide general fund,
· which are presently funded through the Untncorporated general fund.
~He revealed that approximately 25.5% of the ad valorem taxes of the
· T'
wide general fund will be paid for by City properties.
:~!":" Mr. Mthaltc remarked that the goal is to permit a minimum of 500
'.~?'affordable rental and ownership dwelling units per calendar year
within the Urban Housing Assistance Area.
Mr. Mlhaltc spoke to the provisions included in the Agreement as
in the Executive Summary. He encouraged the Board to approve
the agreement.
~"' Commissioner Constantine remarked that it appears that the
'~Interlocal Agreement will benefit both the City and the County.
,f!.(. In response to Commissioner Norris, Mr. Mthalic referred to the
map on Page 11, depicting the urban zone which consists of the
i*"planntng conununtttee in North Naples Central Naples, Golden Gate,
:]East Naples, South Naples, Marco and the Urban Estates.
Commissioner Volpe remarked that the density in the Urban Estates
not allow for these types of multi-family affordable housing
(u~tts. He questioned how the densities within the various planning
!communities would be addressed. Mr. Mthallc replied that during the
past 2-1/2 years ownership has been a major component in the affor-
dable housing production. He revealed that he will be looking at
that are affordable in the Urban Estates area noting he does
not anticipate multi-family high density units in this area.
In answer to Commissioner Yelps, Mr. Mthaltc stated that there are
~,.
.,,800 subsidized housing units in Collier County and noted he will
the Board with a copy of the inventory report of same.
Susan Golden, City of Naples Planner, advised that in March, 1994,
"c]'~"written request was forwarded to HUD inquiring as to whether or not
the Clty's Community Development Block Grant funds could be utilized
Page 10
!;..'
!:,'outside the corporate limits.
July 19, 1994
She Indicated that to date, she has not
'eceived a response to her letter.
'. Commissioner Volpe remarked that this is an Important Issue and
that perhaps the Mayor could work with Congressman Goes to
~btain a response to the communication. Ms. Golden affirmed that a
;.
from the Board of County Commissioners supporting the Clty's
inquiry to this issue would be most helpful.
Commissioner Matthews stated that she concurs with Commissioner
.Volpe's suggestion. She recalled a recent determination indicating
that interest on Impact fee funds could be used to fund waivers and
deferrals. She questioned whether the City, in its collection of
~tmpact fees, could dedicate its interest on same for affordable
'housing. Ms. Golden replied that she will present this suggestion to
City Council.
![:"~' In answer to Commissioner Matthews, Mr. Mihaltc reported that the
median income in Collier County is $44,700, noting this is the highest
Income in the entire State.
the Income levels for assistance.
He noted there will be an increase
He explained that SHIP money is
for single family waivers and deferrals but the $93,500 limit on
,;the price of the houses has not been increased.
The following persons spoke with regard to this item:
Henry Trtbble w/letter
Dorothy Fitch
.Frances Barsh
~j:",George Flagler
Commissioner Constantine questioned whether there should be a term
for the agreement. Mr. Mihaltc suggested that Section 15 be amended
~rovtde that this Agreement be for a term of three years and to be
by the Board of County Commissioners and the City Council at
?,that time.
,'.". Commissioner Saunders remarked that this Agreement does not change
any existing ordinances or standards but merely provides a mechanism
the CIty and County to work together in solving the Joint housing
Page 11
July 19, 1994
He asked whether the City is In accord with moving forward
With the Agreement.
Councilman Sullivan advised that the City of Naples is in accord
i~th the Agreement which will be formally approved at the July 20,
:;.994 Council meeting.
l'.,~.i. Commissioner Volpe stated that he would like to see something in
· ::
agr,ament acknowled .ng that there is a cooperative effort by the
.:.:~.Clty and the County to work toward allowing the entitled funds coming
!..
to the City to be used to implement the agreement.
With regard to the inclusion of language relating to the entitle-
:'merit community, Councilman Sullivan remarked that his belief Is that
!:this would restrict the present flexibility. He Indicated that the
s position is that the 25.5% of the funds being derived from the
[.City would be the City's contribution toward the affordable housing
issue. He advised that he prefers that the Community Development
5lock Grant funds not be committed in any way, because there are
serious commitments within the City in terms of affordable housing for
Which these funds are intended.
Councilman Sullivan pointed out that the City has an affordable
!hOusing project for the property recently purchased behind the Naples
y News and the County will also be receiving credit for this pro-
Ject. He remarked that the City Council is more than willing to
i'~operate with the County Commission in any way possible to move for-
Ward the objectives in terms of affordable housing.
Cc~satelt~ner 5aunders moved, seconded by Commissioner Constantine
c[rFted unanimously, that the Cooperative CIty/County Affordable
~i',Nx~um~n~l~Freement be approved, as amended.
Page 12
July 19, 1994
:,~! '..
:~:eee Bte,~eee: 11~00 A.M. - Reconvene| 11~15 &.M. at which time Deputy
01erkBerbtrettl replaced Deputy Clerk Hoffman
.'
PRQPO~BD COLLIER COUNTY MANAT~R PROTECTION PLAN - APPROVED IN CONCEPT
lied ~l~ DIRECTED TO PREPARE TBR ~RABLIR~ ORDINANCES AND LAND
~[VELOFMENT C0D~ AMENDMENTS TO IMPLEMENT TB~ PLAN
Bill Lorenz, Environmental Services Administrator, explained that
in October of 1989 the Governor and Cabinet adopted the Mariatee
Protection Strategy. He said this consisted of one power boat slip
for 100 feet of shoreline, typically known as the 1 to 100 rule. He
s$id this applies to permitting submerged land leases for boat dock
i,~factlities. He stated that an approved Mariatee Protection Plan is
necessary by the State in order to adjust the 1 to 100 rule.
Mr. Lorenz recalled that In an answer to the 1989 decision, the
i~ County adopted interim boat speeds which limits boat speeds to 30
,'miles per hour in officially marked navtgattonal channels and 20 miles
/'.-per hour elsewhere, except 300 feet from the shoreline. He said that
In 1992 the Board approved the funding for a boat study which was
.'required by the State if they were to approve the County Manares
;,,-,Protection Plan.
7' Mr. Lorenz stated that two public workshops have been held and
i!some of the Input has been Incorporated into the plan, specifically
~some string criteria for location of marinas or boat dock facilities.
.:~.: Mr. Lorenz stated that the Collier County Planning Commission
(CCPC) reviewed the plan in June. He said that the Environmental
Protection Technical Advisory Board (EPTAB) reviewed the plan and pro-
:Vtded a written statement of their findings. He said that EPTAB made
three specific recommendations; an additional slow speed zone west of
]~-!-]-the McIlvane Bridge, adoption of a resolution to collect additional
manetee data and adoption of a resolution requesting increased enfor-
cement of speed zones. He said that EPTAB concluded that the proposed
plan does the best Job to address manares protection in Collier
:'~' County.
Page 13
July 19, 1994
:': Mr. Lorenz stated that Staff is requesting direction from the
L"~Board. He said that if the plan is approved, it will have to be
.approved by the Department of Environmental Protection for their
review. Ne advised that the State will not approve the plan until the
~",,County adopts all the authorizing ordinances and Land Development Code
' ~endmenta.
Mr. Lorenz stated that the plan has several elements; speed zones.
~..~' habitat protection, marina siting/shoreline development, education and
public awareness, research and a segment on Port of the Islands.
Referring to a map, Mr. Lorenz stated that a number of items have
.., been considered in developing an objective rationale including manares
counts, boat survey data and manares mortality data. He said that the
: Nap indicates a general manatee dispersion throughout the County.
Mr. Lorenz reported that 1,500 surveys had been sent to registered
:-"Voters which resulted in a return rate of 38~. He said that 75~ of
'the return indicated that they supported the speed restrictions for
.~ both boater and manares safety.
~,. Mr. Lorenz stated that the manatee death rate from 1978 indicates
]~186 deaths and 63 deaths can be attributed to boats.
In response to Commissioner Constantine, Mr. Lorenz explained that
the deaths are attributed to boats when evidence of boat impact is
observed.
In response to Commissioner Volpe, Mr. Lorenz etated that areas in
~..,.
· the City of Naples were included in the survey.
In response to Commissioner Norris, Keyin Dugan, St. Environmental
Specialist, stated that the largest concentration of the West Indian
Manetee Is in southern Florida. He said that the State reports that
population has stabilized.
:"' Mr. Lorenz explained that the idle speed zone proposed for a 20
,or boat is 4 miles per hour, the slow speed zone is 8 miles per
· hour. He recalled that in 1989 the Board adopted a 30 miles per hour
.speed zone in some channels and 20 miles per hour elsewhere. He said
that the proposed speed zones are much more restrictive. He stated
Page 14
July 19, 1994
'.?"Ff~hat the criteria used to establish the slow speed zones were two
· .~anatee deaths in an area and boater safety. He explained that the
;;City of Naples held a workshop and determined that they are recom-
;!:i. '
..lending the same speed zones for Naples Bay.
Commissioner Volpe asked if the speed zones were based upon where
~'f'deaths have occurred or where the manareas graze?
?~'--- Mr. Lorenz replied that the recommended speed zones are based on
:both circumstances.
i]' Commissioner Constantine asked If any Information had been
[ gathered from commercial operations?
Mr. Dugan stated that a great deal of the information is based on
sighrings. He stated that the speed zone developed for Chokoloskee
~.Bay was developed by the Mayor of Everglades City who has worked as a
g guide for forty years.
In response to Commissioner Constantine, Mr. Dugan replied that
'the draft plan was developed through local Interagency government and
Was presented to the Marine Trade Commission of Collier County.
~!. Commissioner Constantine asked what input was given from the
.Goodland Bay Marina?
Mr. Dugan stated that the Good/and Bridge site is more of a safe
=;..boating Issue rather than a manares issue. He said that the people
~]from the Bridge Marina were in favor of the plan.
:]~ Commissioner Constantine asked for the input from the Isles of
Caprt.
Mr. Dugan stated that a permit stipulation on one of the martna's
in the area required a slow speed zone.
Mr. Dugan reiterated that the Marine Trade Commission offered
~:.
:Input to the plan.
': Commissioner Constantine stated that it is possible for a business
Y~'~O have no idea that a slow speed zone is being proposed for the area
'directly in front of it.
Mr. Dugan agreed that it was possible.'
Commissioner Volpe commented that the primary focus of the plan
Page 15
should be mariatee protection.
'addressed An the plan as well?
July 19, 1994
He asked If boater safety was being
Mr. Lorenz stated that both issues were being addressed. He said
the State requires that boater safety be considered.
Mr. Lorenz pointed out that the AIrport Authority has expressed
Interest in flying seaplanes Into the Everglades City area. He said
that the Environmental Staff will work with them to develop protocol
for manares protection.
~,,.. Mr. Lorenz reported that EPTAB has proposed a speed zone at the
Mcllvan Bridge on S.R. 951.
In response to Commissioner Saunders, Mr. Lorenz replied that
conducted two public workshops In May.
~',;' Mr. Dugan stated that a mailing list was used to Inform the public
regarding the public hearings. He said that the Marine Trade
Commission was notified and they informed their membership. He con-
ftrmed that the workshops were advertised in the newspaper. He stated
!'that the plan was reviewed by the CCPC at an advertised hearing.
Mr. Lorenz explained that the purpose of the Marina siting element
Is an attempt to restrict boat dock densities in areas that have a
j/.'negatlve impact on manatees or their habitat. He said that the crt-
terta Is based on water depth, natural habitat, manares concentrations
and manares deaths. He said that the recommended criteria for the
Wiggins Pass System is to limit boat drafts to 3 feet.
Commissioner Volpe stated that the boat draft criteria limits boat
![..traffic In the passes. He stated that another issue needs to be
ddressed someplace other than in this aspect of the proposed plan.
Mr. Lorenz stated that shoreline development is another element of
the plan which requires modification of the Land Development Code. He
said that no new requirements are recommended for private boat docks.
He said that marina and multi-docking facilities are recommended to
provide educational signs regarding manatee speed boating traffic
.,information and water quality monitoring. He said that boat basins
and access channels should be posted as idle speed zones. He stated
Page 16
July 19, 1994
Sithat much of this is required by the State when a marina appltes for a
permit. He said that the State is still requiring the same tnfor-
Bation as part of the County Code.
~ In response to Commissioner Volpe, Mr. Lorenz replied that the
County must follow the State requirements for posting all the signs.
Mr. Lorenz stated that one of the reasons to develop this plan is
.tO eliminate the 1/100 rule. He said that the State would like local
"fgovernments to be selective in developing a Manares Protection Plan
that the State would approve so they could apply the County standards
.~,to their permitting programs. He said they will then be able to issue
~]~a submerged land lease for something greater than 1/100. ',:
Mr, Lorenz stated that Staff belleves that more education and
public awareness should be provided versus restrictions.
Mr. Lorenz stated that the Research element would allow Staff to
[:track Information from the State and other organizations to better
ne the data.
,"Mr. Lorenz reported that Port of the Islands is a special area.
He said that the officials there provided information that they will
2]~,be following. He recommended supporting their information.
Commissioner Volpe suggested that the educational component of the
yts plan should include the City of Naples to avoid confusion.
see Recessed: 12:35 P,M. - Reconvened: 1:15 P.M.
The following people spoke on the subject:
Todd Turrell Lee Lyon
Fran Stallings Philip C. Morse, Jr.
Jim Logte Susan Nichols-Lucy
j<' Ccesaleeloner maunders moved to approve the plan as prepared by
~; ~taff with the amendments that have been suggested by the Marine Trade
.Cmsmieelon of Collier County and the Environmental Protection
/..' Technical Advisory Board and direct Staff to include a cover letter
· ~lndicating the Board of County Commissioners and citizen support of
;~ the plan as presented when the Manares Protection Plan is forwarded to
the State.
Seconded by Commissioner Volpe.
Page 17
July 19, 1994
Trade Commission {copy not provided to Clerk's Office) supple-
']'merits the boat draft provision. He stated that Section 3.2.2.1 of the
".'proposed plans references "any new marinas". He asked why existing
;~.- marinas should not be included?
:
Todd Turrell, representing the Marine Trade Commission, stated
'~,'that the language could be changed to "any new or existing marinas".
:..
In response to Commissioner Volpe, Mr. Turfell replied that the
language suggested by the Marine Trade Commission would remove and
replace Section 3.2.2. I of the proposed plan.
Commissioner Saunders stated that he has no objection to amending
'.the language to read "marinas or multi-dock facilities".
In response to Commissioner Norris, Mr. Lorenz stated that if the
County does not adopt a Hanatee Protection Plan the State will impose
the current 1/100 rule which basically precludes any commercial marina
development.
~k:" Commissioner Constantine announced that he would oppose the
motion. He explained that any proposed land use changes require the
~: ..notification of the property owners within a certain distance in order
to gain public input. He stated that this is a similar circumstance
end property owners who may be affected have not been notified. He
said that the marine businesses would be the best source of manatee
'Information. He expressed concern regarding the two death criteria.
He said that there is no time frame for that criteria. He stated that
some of the information provided Is questionable. He stated that he
· ca_n, not support this document because it is too restrictive.
'-" Commissioner Vo/pe stated that his process has been ongotng for
':s&veral years. He said that a good faith effort has been made to
Solicit input.
In response to Commissioner Norrls, Assistant County Attorney
.Wlegel confirmed that the Board is approvtng the concept at this time.
:;He clarified that Staff recommendation requests that the Board
authorize Staff to move forward and implement the concept.
Page 18
July xg,
Commissioner Matthews commented that we are a long way from
i,..ftnaltztng this Issue,
Commissioner Norris stated that there is an opportunity to acquire
.public Input as the concept proceeds,
i"~i, Upon call for the question, the motion carried 4/1 (Commissioner
(~,Constsnttne opposed).
:-,
ltem eeHl
...~
~OI|BIDBRATXONAND DIRECTION RE AMENDMENT PROPOSALS TO ~ wB~CH ~
~ O~IN~CE* - CO~ A~O~ TO RES~CH ~ ROVIDE
~'~V~O~I~
Tom Conrecode, OCPM Director, stated that this item wtll address
:?'.~;. concerns regarding Ordinance 89-11. He said that Staff is requesting
.rectton regarding issues raised on Marco Island. He said that the
'-;~hotel vendors on the beach obstruct the beach pathway. He said this
Is an attempt to remedy that situation, He said that the current
:'-:'ordinance is administered by the Parks and Recreation Program, He
.maid a Beach Park Ranger is assigned and funded through the Marco
"jimland Beach Renourishment Fund, but because of limitations on the
].!'<.:Park Ranger's ability to enforce the code their recommendation is to
revise the ordinance in order for a Code Enforcement Officer to be
i'Z!-..asslgned enforcement of the ordinance,
In response to Commissioner Constantine, Mr. Conrecode replied
that approximately 50 complaints are logged since the renourtshed
beach project has begun. He said that the complainants are prin-
cipally beach walkers.
h.'. In response to Commissioner Volpe, Mr, Conrecode stated that this
~L. lm a compromise of enforcement and restricting the activities of beach
In response to Commissioner Volpe, Mr. Conrecode replied that the
vendors at the Registry and the Ritz Carlton move their equipment
=along the length of the beach.
In response to Commissioner Matthews, Mr. Conrecode stated that
the Intent is to amend the ordinance County wide.
,oo, 36
Page 19
/ July 19, 1994
Mr. Conrecode stated that the County Attorney has advised that
!:item 2C, Tourist Development Tax, is not a legal option in terms of
The following people spoke on the subject:
Frank Blanchard Charles Hutringer
Deputy Clerk Horizon replaced Deputy Clerk Barbtretti
at this time see
Commissioner Saunders questioned the mechanism for enforcement of
a violation of a permit condition.
Assistant County Attorney Wetgel explained that the Beach and
Water Safety Ordinance contains a provision with regard to beach yen-
dors engaged in the rental/leasing of water craft, i.e. sailboats,
':motorlzed boats, Jet skis, etc. which states: "The beach vendor permit
.~.
shall Issue and be maintained upon the applicant paying such applica-
tion fee therefore as established by the County by resolution and
meeting the following requirements ..... " He noted that the require-
monte, as defined, must be met before the permit is issued.
',[-- Mr. Blanchard remarked that the intent is to maintain an open area
. so that carts or Sheriff's vehicles can get up and down the beach.
Mr. Charles Hutringer also spoke with regard to this item.
Commissioner Saunders stated after skimming through the Beach
:.Vendor Ordinance it appears if someone ts not violating that par-
!'~ ticular ordinance, there is no mechanism for lifting their vendor per-
mft. He cited if someone is littering on the beach, it is a violation
of an anti-littering ordinance and questioned how this would be
!enforced If made a permit condition.
Assistant County Attorney Wetgel replied that there Is no provt-
'~ion in the ordinance relating to the lifting of a permit. He
',.,! .:
,, explained there are provisions for the granting of a permit, however,
.~.' if there is a violation of the regulations of the permit, there is a
~.r'vtolatton of the ordinance which is subject to the sanctions of Jail
Or a fine.
]i7'. Commissioner Saunders indicated that without amending the ordl-
Page 20
July 19, 1994
ale/Ice to provide that certain activities are violatire of the permit
,{'issued, he does not see how the balance can be maintained.
Mr. Wetgel stated that the permit issuance could be contingent
upon there being a change In the permit requirement but there would
not be the ability to revoke a permit unless additional steps are
taken to Include same into the issuance of the permit and the ordi-
.ca itself.
.
Attorney Patrick Neale stated that he represents the beach vendor
j~lj'operator at the Radisson Hotel on Marco Island. He remarked that this
compromise was reached as part of a Coastal Construction Setback Line
j-Variance procedure that was initiated and required because of beach
renourtshment and the beach widening. He pointed out that an
agreement was reached in September, 1992 and has worked without
amending the ordinance. He noted that there are numerous permits
tll~der one location in certain spots on Marco. He reported that beach
(:~endor locations are basically built out.
Attorney Neale advised that he requested that Code Enforcement
pull all the complaints that have been issued against the Radtsson for
past two years and noted there have been two complaints, neither
'.Of which resulted in a violation.
Mr. Neale related that he supports the gentlemen's agreement that
was reached in 1992 and the concept of making this a permit condition
as opposed to creating additional legislation. Additionally, he
suggested that a program be set up whereby his client and the other
:'vendors would have regular meetings with Mr. Blanchard's group and the
l:'Parks and Recreation Advisory Board to discuss any problems.
Responding to Commissioner Norris, Assistant County Attorney
;"' .Wetgel explained that a clear path requirement may be Imposed in the
]'!.'permit providing that the vendor not place chairs or vessels in the
Clear path area, He remarked that this should also be made a part of
~?.t. lle ordinance,
Commissioner Norris moved, seconded by Commissioner Saunders and
if.:.i' carried unanimously, that the County Attorney's staff research and ..i
:/,,' Page 21
'~=~ : JU3. y 19, 1994
~~O~ 94-51e ~O ~GUST 15~ 1994, ~T 6:00 ~,~.
· ~I~ ~Y ~R ~ PUBLIC H~ING ~ ~ SPECI~ ASSESS~ (NON-~D
V~{ UNXS{) TO BE LUIED XOAINST THE PROPERTigS WI~IN PKLIC~
~Y {CIP~ S~ICK T~IN3 ~ BEHFIT ~IT - ADORED
Co~ilstoner Norris moved, seconded by Commissioner Volpe and
carried unanimously, that Resolution 94-518, setting August 15, 1994,
at 6:00 P.M. at The Club at Pelican Bay for the public hearing
regarding the Special Assessment to be levied against the properties
within the Pelican Bay Nunicipal Service Tsxing and Benefit Unit be
Page 22
July 19, 1994
~JDG~A AMENDIeENTS CORRECTING BU~ETED T~SFERS T0 THE PROP~
Acttng Budget Director Smykowskt advised that the Property
Appralser's budget ls allocated to all districts levying ad valorem
*taxes in a given year. He noted that during the FY 94 budget prepara-
tion cycle, staff made a prelfmtnary estimate of the Property
.*' Appratser's budget based on the adopted budget policy that was not
later updated to reflect the actual budget that was approved by the
State of Florida.
Mr. Smykowskt stated that the Attachment in the Executive Summary
identifies the amounts and source of funds that would rectify this
situation in the total amount of $433,612.
Commissioner Norris moved, seconded by Commissioner Saunders and
.:,. carTled unanlmuusly, to approve the budget amendments correcting
~:" 13~d~eted transfers to the Property Appraiser as identified in
Attachment A of the Executive Summary.
(3255)
ltem#10A
!!..,I~2OLTFEXON 94-519 APPOINTING MIREYA LOUVIERE TO THE CODE ENFORCEMENT
CcssJesioner Volpe moved, seconded by Commissioner Matthews and
carried unanimously, that Mlreya Louvtere be appointed to the Code
loTcement Board, thereby adopting Resolution 94-519.
Page 23"
3uly 19, 1994
~xt~#lo~'
;~" ~j~rx0ll 94-520 APPOINTING AGNES' VEGA-BOCOCK AND' CELESTIN0* (ANGEL)
~xlsaud~ TO THE HISPANIC AFFAIRS ADVISORY BOARD- ADOPTED
"Commissioner Norris moved, seconded by Commissioner Saunders and
carried unanimously, that Agnes Vega-Bocock and Celestino (Angel)
· Gatierrez be appointed to the Hispanic Affairs Advisory Board, thereby
e~ptingResolutton 94-520:'
Page 24
July 19, 1994
110C '
· ,~saOZlrrlOl"g4-521 SUGGISTI1T~ THAT ST. NITTHEW'S'HONKLISS S~ FI~
"~ ~TI~ U ~ ~C S~ON~LY OB~CTS TO ~ ~O~SE LOCATION
Conlsstoner Norris stated that he believes it is important for
""~:~ the Board of County Co~lsstoners to take a position on the status of
St. Matthew's Homeless Shelter's permit relative to the soup kitchen
operation. He indicated that Development Services has determined that
an application has not been made for a soup kitchen under the original
.'application.
'Commissioner Norris advised that the Board should state Its posi-
tion, in fairness to St. Matthew's House since that agency Is in the
process of embarking on an expenditure of large amounts of money and
it would not be fair for them to construct a new facility and not be
"able to use it as they wish.
; Commissioner Saunders remarked that he does not want the Board to
be in a position of engaging in an activity that could be perceived by
a Federal Court to be violatire of the civil rights of St. Matthews'
i'.'..'. House. He cited that the Commission has voiced opposition to the pro-
:;:'~; posed construction of the new facility at the Glades location.
Commissioner Saunders suggested that the Board could, in the form
a resolution, advise St. Matthew's House that the Commission is not
~'happy with their plans to build at the proposed location and urge them
to Intensify their efforts In finding a new location.
County Attorney Cuyler stated that he telephoned counsel for St.
Matthew's House and understands that their position Is if they move
:!'forward, they do not believe the County will ltttgate with them. He
noted that he advised if they are moving forward with the belief they
':.have a soup kitchen, the Board may very well lttlgate on that issue.
Commissioner Constantine remarked that if St. Matthew's House
builds the facility as planned there appears to be a violation.
In answer to Commissioner Volpe with regard to violating the civil
Page 25
Tlghte of a not-for-profit organization, County Attorney Cuyler
', replied if the Board takes action in denying St. Hatthew's House the
right they clearly have, there is the possibility of getting into that
area, but noted the Commission is not doing that today.
Commissioner Saunders recalled that last fall when the LDC amend-
'ments were presented to the Board, St. Matthew's House had already
.purchased their piece of land and were moving forwarding on develop-
ment of their property pursuant to existing County law. He remarked
!" that they had a letter from the Community Development Division stating
that they could build whatever they desired at that particular loca-
tion. He noted that the LDC amendments were not specifically geared
~oward St. Matthew's House, but would have the affect of eliminating
the ability for them to move forward on that piece of property.
Commissioner Matthews remarked that she concurs with Commissioner
Saunders' comments. She explained that if the Board did not feel that
the soup kitchen and the homeless shelter were intricately connected,
the Board would have approved one without the other.
Commissioner Saunders stated that at the time St. Matthew's House
.applied for their building permit, they failed to mention "soup
The following persons spoke with regard to this item:
Bert Kohinke
Earl Marlin
Commissioner Constantine indicated if anyone proceeds to build
something with an improper permit or without a permit and staff or the
<~:?!County Attorney cite it as inappropriate, it is wrong for anyone to
assume that the Board of County Commissioners would turn its back on
that matter.
'~ Commissioner Saunders reported if the Board directs the County
Attorney to explore the issue of vesting, it could be risky since Mr.
Cuyler may come back and advise that'St. Matthew's House is vested for
a soup kitchen. He indicated that the Board would be sending a
stronger message by voicing opposition to the proposed Glades location
Page 26
July 19, 1994
and suggesting that the Board of Directors reignire their efforts to
move to a new location.
Ceeatesioner Norris moved, seconded by Commissioner Saunders that
staff be d~rected to prepare a resolution advising that the Board of
C~nlZl~C4~sa~seioners strongly objects to the proposed facility loca-
tion at the Glades and suggest that St. Matthew~s House continue nego-
t~at~ffns in finding another location that would be supported b~ the
C6 ~tT, and that Resolution 94-521 be adopted.
53
Page 27
July 19, 1994
,:(1166)
'Item tl0D
.:-¥..~..
RESOLIFTION 94-522, REQUESTING THAT BELLE MEADE BE REMOVED FOR THE CARL
Commissioner Constantine stated that he is in receipt of com-
munication from Representative Bert Harris and Senator Fred Dudley.
He read the letter, requesting that a Resolution be forwarded to the
Conservation and Recreation Land Acquisition Council in opposition to
the purchase of the Belle Meade area and suggesting that more viable
purchases be pursued.
The following persons spoke with regard to this item:
Jim McTague Joe Townsend
Tim Ferguson A1 Perkins
Ellen McArdle Susan Nichols-Lucy w/letter
Commissioner Norris noted that the proposed resolution indicates
that the majority of the Belle Meads property owners have expressed a
desire that this area be removed from the CARL project.
Commissioner Matthews cited that last year, the Administration
Commission gave the CARL list the authority to proceed with eminent
domain in the south blocks and noted it is a willing seller program as
long as there are willing sellers.
Commissioner Constantine moved, seconded by Commissioner Norris
that Resolution 94-522, requesting that Belle Meads be removed for
the CARL project be adopted and at the request of the Sabal Palm
No :bL Ere that Tim Ferquson present the resolution in Tailsbasses.
Commissioner Saunders remarked that the Conservancy's letter, as
read by Ms. NIchols-Lucy, Indicates that they will request that areas
north of 1-75 and the sections in the southwestern section contained
in the urban development boundary be removed from CARL consideration.
He asked how many of the property owners represented by Mr. Townsend
would be affected.
Mr. Joe Townsend replied that 1/3 of the property owners in the
north would be affected.
Upo~ call for the question, the motion carried 4/1 (Commissioner
Sanriders opposed).
oo. GCO,, 56
Page 28
July 19, 1994
see It this time Deputy Clerk Barbtrettt replaced Deputy Clerk
Hoffman
(289o)
ItemIll&
DISCU~SIO!IKE DEPARTMENT OF SPECIAL ASSESSMENTS - CONTINUED TO JULY
~26, lgg4
Administrative Assistant to the Board Ftlson informed the Board
that Mr. Brock, Clerk of Courts, has requested that this item be con-
tinued to the meeting of July 26, 1994.
( 2905 )
Item flOE
DXBCUSSlON RE MARCO ISLAND AIRPORT - COMMISSIONER CONSTANTINE,
REPR~S~IITATIV~ BAWlINS & DIVISION OF FORESTRY TO MEET ON JULY
1994 IllIll ATTEMPT TO REACH COMPROMISE
Commissioner Constantine recalled that a discussion had been held
regarding the closing of Janes Scenic Drive. He said that there were
two particular concerns expressed by the Division of Forestry; litter
and poaching. He stated that the suggestion has been to gate off that
road. He stated that there is a concern regarding the admittance of
emergency vehic les.
Commissioner Constantine reported that since that time he has met
':.. with the Office of Park Planning for the State Department of
-..' Environmental Protection, and with Representative Mary Ellen Hawkins
" in an attempt to reach an agreement.
Commissioner Constantine stated that he believes that a solution
to the littering and poaching concerns could be addressed by having an
Interlocal Agreement with the Shertff's Office to allow for a patrol
of the area. He said that the Board could commit to funding a patrol
through the area on a perpetual basis.
Commissioner Constantine stated that the Division of Forestry has
re(Zuested that a reverter clause be incorporated so that if problems
occur they would get the airport back. He said that he related that
the Board would not be in favor of a reverter clause. He said that as
an alternative a dollar figure will be decided upon as a penalty in
the event that the patrol does not accomplish a solution to the
Page 29
July 19, 1994
problem.
Commissioner Constantine stated that the group will meet again on
July 27, 1994 for further discussion.
Commissioner Matthews stated that she received a letter indicating
that the State may require that the Marco Island Airport be closed
because the exchange has not taken place and a Rental Hanagement
Agreement has not been signed.
Commissioner Constantine explained that Mr. Drury wrote the memo
after a verbal conversation with Representative Hawkins. He said that
the Department of Environmental Protection (DEP) does not have the
authority to do that.
John Drury, Airport Authority Executive DIrector, confirmed that
he had a telephone conversation with Mary Ellen Hawkins. He said that
Rep. Hawkins advised him that she was given information that the DEP
Instructed their legal counsel to begin developing language to close
the Marco Island Airport and he should inform the County policy makers
of their intention.
:if Mr Drury stated that although he has not seen any specific docu-
~,~. menration from the DEP he feels that it is important to relay the · Information.
i,:.. Commissioner Constantine stated that closing the airport would
serve no one.
;-'.:,
Commissioner Volpe asked if there are prescriptive rights for
Janes Scenic Drive? He asked if the road was dedicated?
County Attorney Cuyler replied that the State was asking the
:*.VL County to vacate the County's interest as opposed to the private
interest. He said that the private interest would remain.
Commissioner Constantine stated that it is hoped that the meeting
of July 27 will result in a compromise between all parties which will
satisfy the Forestry DIvision, achieve the County's goal of getting
.,..~.. the Marco Island Airport on-line in a timely fashion, and keep the
road open·
Page 30
July 19, 1994
DZSCV~SZON R[ THE RENOVATION OF THE BOARD~S OFFICES AND THE COUNTY
~sS NOV[ TO THE SECOND FLOOR - CLERK OF COURTS TO BI INVOLVED IN
|8aVlii[ PLIIS FOR THE SECOND FLOOR
Commissioner Saunders asked if the Microfilm Department will have
to move In order to accommodate the County Manager's move to the second
floor?
Commissioner Saunders stated that it is important to Involve the
i:, Constitutional Officers that are affected by the move in the decision
:' .'..making.
County Manager Dotrill stated that he is not aware of any Clerk
activity that would have to move as an alternative to the expansion.
He said that he is unsure as to whether the best use of office space
is being achieved in the Microfilm Lab and Warehouse area. He said
that he has asked Real Property for their suggestions regarding a
,- ground floor location for the Microfilm Lab and Warehouse or if there
was an atr-condtttoned, secure warehouse facility that could be leased
for the Clerk within reasonable proximity to the courthouse. He said
that reasonable proximity would be less than five miles. He stated
,,.' that he tnformed the Clerk of this Information.
~' Commissioner Saunders stated that he presumes that any moving
plans would be brought back to the Board for approval.
Mr. Dotrill stated that if the plans include leasing, the issue
will be brought before the Board because a budget amendment will be
[:,~' necessary.
Commissioner Constantine stated that the Clerk will be involved in
the decision making process.
County Manager Dotrill said that Is what he told Mr. Brock.
..~,' Commissioner Saunders stated that the Microfilm Department films
deeds and other documents generated by the public. He said that
having the Department offsite would be unacceptable because they would
have to transport original documents to an offsite location.
County Manager Dotrill stated that Mr. Brock did not indicate that
tO him when they spoke. He said the space occupied by the Clerk's
Page 31
July 19, 1994
Office Is not sufficient for his immediate needs. He suggested that
the warehouse facility should be expanded.
Tape ~
In response to Commissioner Volpe, Mr. Dotrill stated that he does
not believe that any space planning has been done by Capital Pro3ects
recently. He reported that a possible future project for the
Shertff's Office is the construction of a third and fourth floor onto
.the Sherlff's Administration Building.
(04~)
RIPORT OI TB~ FLORIDA ASSOCIATION OF COUNTIES MEETING - WAYS TO
COlTfAIN C02T~ WILL BE EVALUATED
Commissioner Matthews reported that she had artended a meeting of
the Florida Association of Counties (FAC) at the end of June, 1994.
She said that she spoke before the Board of Directors. She said that
the other County Commissioners In attendance were shocked at the costs
that Collier County is incurring. She said that the next day she
artended the Justice Committee meeting and reported that they are
looking for ways to contain these costs. She said that they are
considering the utilization of the work release program.
Commissioner Matthews announced that John Manning was elected as
the third Vice-President and that she was appointed to the Board of
,:,'Directors.
-=Ires el44&
DIMION REGARDING ETHICS COMMISSION - NOT DISCUSSED
This Item was not discussed during the meeting.
{112)
Itel#12A
LXG~TIN~ IN TH~ BOARDROOM - COUNTY MANAGER DIRECTED TO ADJUST LIGHTING
Commissioner Norris requested that the County Manager be directed
tO adjust the lighting before the meeting of July 26, 1994.
County Manager Dorrtll commented that the lighting was recommended
61
Page 32
JUly 19o 1994
by the designer and the cable company. He said that the lights would
be toned down.
see Colateeloner Saunders moved, seconded by Commissioner Matthews
and carried unanimously, that the following items under the consent
agenda be approved and/or adopted:
SATISFACTION OF LIEN FOR RESOLUTION 94-257, RE ABATEMENT OF A PUBLIC
NUX~aIP=B, OWNER OF RECORD JULIANNA C. KASELITZ
Item 116A2
8ATI2FACTION OF LIEN FOR RESOLUTION 90-50, RE ABATEMENT OF A PUBLIC
NUX2ANCB, OMNER OF RECORD KITNARD AND JOAN E. SAILER
Item 11~3
8aTISFaC'fXON OF LIEN FOR RESOLUTION 89-2~2, RE ABATEMENT OF A PUBLIC
NUISANCe, OMN~R OF RECORD MAURICE CALA AND KIM CALA
Item 116a4
~ATI~FICTION OF LIEN FOR RESOLUTION 91-191, RE ABATEMENT OF A PUBLIC
NUISANCE, OMN~R OF RECORD JIM BRANCATO AND ROSE BRANCAT0 AND ANTHONY
STURIONANDVKRA BTURION
Item #16A5
2ATISF&CTION OF LIEN FOR RESOLUTION 94-204, RE ABATEMENT OF k PUBLIC
I III~,MC~, OWNER OF RECORD KLCK INC.
Itmmll6k6
~IkTZ~FICTZON OF LIEN FOR RESOLUTION 90-456, RE ABATENENT OF A PUBLIC
NUI~I31C~, (NeleER OF UCO~ GEORGE D.
See Page
It~e16A~
~TlffA~ION OF LIEN FOR RESOLdION 91-190, RE ~AT~ 0F A PUBLIC
EI~, ~ OF UCO~ GEORGE D.
Item e16A8
See Page
Page 33
July 19, 1994
STAaIDBY LETTER OF CREDIT FOR EXCAVATION PERMIT NO. 59,140,
JOINT V~JTURB"
Ztem elea9
See Pages
lrl~l&L PLAT OF 'QUAIL WALK PHASE THREE" AND F.J/CUTION OF CONSTRUCTION
I AID M&XJlTIJaJP3~ AGREEMENT - WITH STIPULATIONS AS DETAILED IN THE
sausCu,lvsSOlllART
See Pages
Item 116A10e
RE~OL~TI0Jl 9&-&71, PROVIDING FOR ASSESSMB~TE OF LIEN FOR THE COST OF
'TH~ ABATBMB31T OF PUBLIC NUISANCE, 0WNFR OF RECORD DIETJR SONDEREGGER
AID CJ/~/STI~E SOIDEREGGER
See Pages
:tem 116A10b
94-472, PROVIDING FOR ASSESSMENT OF LIEN FOR THE COST OF
ABA~=IU~mx OF PUBLIC NUISANCE, OWNER OF RECORD GEORGE FACC0NE TR
See Pages 9~--~
Item #16&10c
'RIJOLUTZOI 94-473, PROVIDING FOR ASSESSMENT OF LIEN FOR THE COST OF
THE' ABATEMENT OF ~LIC ~IS~Cg, O~R OF RECORD ~ILEIP PI~E ~
See Pages
:OM 94-474,"~ROVIDING FOR ASSESSMENT OF LIEN FOR THE COST OF
' TH~aaa,~s~, OF FUBLIC NUISANCE, OW/TER OF RECORD LLOYD G. SREEHAN
See Pages / O/-/O 3
9&-&75, PROVIDING YON ASSESSM:ERT O~ LIEN ~OR ~ COST O~
I:q:TBLIC NUISANCE, OWIT~R O~ RECORD RESOLUTZON TRUST
FED SaY BE ·
See Pages
Item elealof
/o
94~&76, PROVIDING FOR ASSESSMENT OF LIEN FOR TH/COST OF
~ aBA,~m~m~ OF FUBLIC NUISANCE, OWNER OF RECORD KINGDOM HAY
See Pages
Page 34
July 19, 1994
~lll"l:O]l ~4-4~e PROVIDING FOR ~SESSM:E~ 0F LIEN FOR ~E COST
'TK~ABATEMENT OF pUBLIC ~IS~CE, 0~R 0F RECORD E~ J. H.
~l~ J0~S~I~ZE
' Item #16A10h
~ ..... R~OLDTIO~ 9&-478, PROVIDING FOR ASSESSMENT OF LIEN FOR THE COST OF
.TEE' ~BATEM!GFT OF PUBLIC NUISANCE, OWNER OF RECORD MARION L ROY, TR
s~ Pages I1~- !11
Item#lGAlOl
RE~0L~TION 94-479, PROVIDING FOR ASSESSMENT OF LIEN FOR THE COST OF
TH~ axax~ax~x OF PUBLIC NUISANCE, ~R 0F ~C0RD BET~ L. MILLS
s~ e~g~ //~-//~
lt~ el~A10J
~L~I~ 9~-480, ~0VIDING ~R ASSESS~ 0F LIEN FOR ~E COST 0F
~ ~x~ 0F ~LIC ~IS~CE, ~R 0F ~IA VICTORIA PIMIE~A
s~ e~ //~'-//~
Item Sl6A10k
~0L~ION 94-4Sl, PROVIDING FOR ASSESS~ 0F LIEN FOR THH COST 0F
~ ~~ 0F ~BLIC ~IS~CE, ~ER 0F RECORD ~0~ SE~E, TR
Item Sl6A101
~OL~ON 9~-482, PROVIDING ~R ASSESS~ 0F LIEN FOR ~ COST OF
~ ~x~ OF ~LIC ~IS~CE, O~R 0F ~C0~ SOPHIE B. BR0~HEAD,
Item
s.. P,g s //9.-/a/
R~2OFArfION 94-483, PROVIDING FOR ASSESSMENT OF LIEN FOR THE COST OF
T~ axaTBM~FT OF PUBLIC NUISANCE, OWNER OF RECORD HURON INVESTMENT
RESOLUTION 94-484, PROVIDING FOR ASSESSMENT OF LIEN FOR THE COST OF
THE ABAT~ME~2T OF FUBLIC NUISANCE, OWNER OF RECORD HURON INVESTMENT
See Pages
64
Page 35
July 19, 1994
Itea tl6&lOo
94-485, FROVIDING FOR ASSESSNENT OF LIEN FOR THE COST OF
T~Ia~aTIleIIIT OF PUBLIC NUISANCE, OWNER OF RECORD MICHAEL J. FOGLE
Item 116&lOp
See P.ge, /~ & - /a ?'
RX~OLUTION 94-486, PROVIDING FOR ASSESSMENT OF LIEN FOR THE COST OF
TH[ IBIxL~x OF FUBLIC NUISANCE, OWNER OF RECORD STEVE JOHNSON AND
Itea el6alOq
See Pages /~'- lag
RX~OL~rrION 94-487, PROVIDING FOR ASSESSMENT OF LIEN FOR THE COST OF
TH[ A~ATEMENT OF PUBLIC NUISANCE, OWNER OF RECORD DONNA LESSON
:,
See Pages /_~o- 1,7/
Item #16ll0r
I~0LUTIO~ 94-488, ~0VIDIN6 ~R ASSESS~ 0F LIEN FOR ~E COST 0F
~ ~~ OF ~LIC ~IS~CE, O~R 0F RECORD PAL ~TONOSY
~O~ 94-489, ROVIDIN3 ~R ASSESS~ OF LIEN FOR ~E COST OF
~ ~~ OF ~LIC ~IS~CE, ~R OF ~C0~ D~IEL C~RO ~
~L~IOI 94-490, PROVIDIN~ FOR ASSESS~ OF LIEN FOR ~E COST OF
~ ~~ Ol ~LIC ~IS~OE, O~R OF RECORD J0~ ROY YO~
~OL~I~ 94-491, ~OVIDING FOR ASSESS~ OF LIEN FOR ~ COST OF
~ ~~ OF ~LIC ~ISANCE, O~ER OF RECORD CHARLES V. COLVIN
~~I~ 9~-492, ~OVIDING FOR ASSXSS~ OF LIEN FOR ~ COST OF
Page 36
July 19, 1994
~ee Pages I ',Zd- 141
Ire/
RISOLtlTIO!I 9&-493, PROVIDING FOR ASSESSMENT OF LIEN FOR TIll COST 0F
TH! IBATIIfEIT OI PUBLIC NUISANCE, OWNER 0F Rf-CORD JF-SUS GOMEZ
-~eePages /,-/,-,v,
Ttll
R~OT-~TTO!I ~1--49&, PROVIDTNG FOR ASSESSMENT 0F LIEN FOR THE COST OF
~ amaTBIIEIT OF FUBLIC NUISANCIt, OWNER OF RECORD RICE LOVE
:%tem #lealOma
lq~or~rTxoll 94-495, PROVIDING FOR ASSESSMENT OF LIEN FOR THE COST OF
THB ABATe!Err O~ PUBLIC NUISANCE, OWNER OF RECORD DONALD T. FRANKE, TR
~', See Pages
::!' Xt~a e16&10bb
R~SOLUTI0]I 94-496, PROVIDING FOR ASSESSMENT OF LIEN FOR THE COST OF
THB ABAT~MXFr OF PUBLIC NUISANCE, OWNER OF RECORD PAUL L.
RIDDLKB~RGHR, 3R.
See Pages
Item elBa10cc
RESOLlYTION 94-497, PROVIDING FOR ASSESSMENT OF LIEN FOR TIlE COST OF
TBB ABATEMENT OF PUBLIC NUISANCE, OWNER OF EECORD DAVIS ROAD, LTD
See Pages
lte~ellal0~
lt~OLIFrXOII 94-498, PROVIDING FOR ASSESSMENT OF LIEN FOR THE COST OF
TIIX A~aTIMBIIT OF IKTBLIC NUISANCE, OWNER OF RECORD TIITF/ST OF FL
See Pages
:
..' Xtma eaBi10ee
II~OZA~XO!I 94-499, PROVIDING FOR ASSESSMENT OF LIEN FOR
lt~ eleAloff
~OL~I~ 94-500, ~0VIDING FOR ASSESSB~ 0F LIEN FOR THE COST OF
~ [~ OF ~LIC EIS~CE~ ~R 0F ~C0RD ~S. D. R KOSMIBR
See Pages /_~ ~-/sS'
.. OG'O,,,,,: 66
::- Page 37
July 19, 1994
ItssaelSllO~
XIWOX~O] g4-501, FROVIDING FOR ASSESSB~ OF LIEN FOR ~ COST 0F
~ ~~ OF ~LIC ~IS~CE, ~R OF ~C0~ ~ICE DA~DS
See Pages
Xtsla #16&10hh
RI~OLI~XOI[ 94-502, PROVIDING FOR ASSZSSB~ OF ~ZEN FOR ~Z COST
~ ~~ O[ ~XC ~IS~CE, O~R OF ~CORD V&TCH~ H. B&GHDXKI~
~ ~XZ H. ~IKI~
See Pages
ltem#16A1011
[t~OLIFTXON 94-503, PROVIDING FOR ASSESSMENT OF LIEN FOR THE COST OF
THE ABAT~MEFE OF PUBLIC NUISANCE, OWNER OF RECORD MITSU SNIRAHAMA a
See Pages
Xtssa #16&lOJ3
WOLIFTION g4-504, PROVIDING FOR ASSESSMENT OF LIEN FOR THE COST OF
TB~ a~aTWEW3IT OF PUBLIC NUISANCE, ~R OF ~CORD VAS~ B. ~C~
Xt~l~10~
W~X~ g4-505, ~OVIDIN6 FOR ISSESS~ 0F LIEN FOR ~Z C0S~ OF
BSO~XON 94-506, PROVIDIN6 FOR ASSESSB~ OF ~XEN FOR ~HE COST OF
~ ~-~ O~ ~XC EXS~CE, O~R OF RE~ORD ~XCE
Xt~116Al~
~OL~XO~ 9~-~07, PROVIDING FOR ASSESS~ OF LIEN FOR ~ COST OF
~ ~~ 09 ~LIC ~IS~CE, O~R OF ~CORD AL~ L. ~IR~Z
17/- 17a
aID ~ C. RAMIREZ
See Pages
XtesllealOnn
R~OLarfXON g4-508, PROVIDING FOR ASSESSMENT OF LIEN FOR THE COST OF
TH~ aaaTiM~IFT OF FUBLIC NUISANCE, OWNER OF RECORD FIRST FIat BANE TH,
nO~gl~x &. ROB~RTB TH, AND RICHARD A ROBERTS TR
See Pages I
Page 38
July 19, 1994
Xtss#16llOoo
RE~OLUTXON g4-509, PROVIDING FOR ASSESSMENT OF LIEN FOR THE COST OF
THI aBATEMENT OF PUBLIC NUISANCE, OWNER OF RECORD RAFANL E. BEJARANO,
lts~ e16110pp
See Page,
WOLUTZON g4-510, PROVIDING FOR ASSESSMENT OF LIEN FOR THE COST OF
THI IJ&TININT OF FUBLIC NUISANCE, OWNER OF RECORD PHILLIP PIERRE AND
See Pages
ltem ele&lOqq
R!~OLUTION 94-511, PROVIDING FOR ASSESSMENT OF LIEN FOR THE COST OF
THE ABATEMENT OF ~LIC ~ISANCE, ~R OF RECORD CAT~I~ R. ~AD
Item 116AlOrr
~OL~ION 94-512, PROVIDING FOR ASSESS~ OF LIEN FOR THE COST OF
~ ~A~-~A OF ~LIC ~IS~CE, O~R OF RECORD NAZD~ INC.
~OL~IOI t1-~13, ~OVIDINfl ~OR ISSESS~ O~ LIEN ~OR
~ ~I Ol ~LI¢ ~IS~¢E, ~R OP RECORD lCHILLE ~IL5 · RUBY
Item#16&lOtt
!tISOLUTION 94-514, PROVIDING FOR ASSESSMENT OF LIEN FOR THE COST OF
TNI aI&TININT OF PUBLIC NUISANCE, OWNER OF RECORD ACHILLE FILS & RUBY
FILS
Xtss#lSlll
RI~OLUTZON 94-515, GRANTING FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE,
MATgI% AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF wKIRTLAND PINES'
/
Item#16A12
See Page
NODIFICATION OF PURCHASE ORDER NUMBER 401842 ISSUED TO FLORIDA DATA
BAWlTO INCREASE THE TOTAL AMOUNT TO 836,800 AND BUDGET AMENDMENT TO
COVEI~THII e~u,emDITURE
Page 39
July 19, 1994
· ICCBFTANCE O0 WATER FACILITIES FOR ST. PETER'S CATHOLIC CHURCH -
~UBJI~T TO STIPULATIONS AS DETAILED IN THE EXECUTIVE SUMMARY
See Page iel
ltel 118A14
&~I~OI~/ZA~I01! FOR RECORDING OF THE FINAL PLAT OF ~SHADOWOOD VILLAS~
Item 11601
BID 194-2209 FOR VENDING MACHINES AT PUBLIC PARKS - AWARDED TO NAPLES
Item e16D1
~t~O~UTION 94-516, DESIGNATING THE ACTING UTILITIES ADMINISTRATOR AS
IUT~DitXZKD~INER SIGNEE FOR THE COLLIER COUNTY WATER-SEWER DISTRICT,
N&ItODWAT!I~RalD SEWER DISTRICT AND THE G00DLAND WATER DISTRICT FOR
~XECDTION OF ROUTINE DOCUMENTS RELATED TO UTILITIESe MATTERS
See Page / g&
Xte~lliD9
BID~94-2206 FOR THE HAULING AND DISPOSAL OF LIME SLUDGE FROM THE
REGIONAL BeATER TREATMENT PLANT - AWARDED TO B.W. KARLE GRAIN &
Iq~UCEZI~IG, INC. IN THE ESTIMATED AMOUNT OF $129,420.00
ltem ll6D3
ASSa,%:8|am& DiD~/~R&L FOR 1993 RE HARDSHIP PROGRAM - STAFF AUTHORIZED TO
IlkZX PATIeDIT TO TH~ TAR COLLECTOR IN THE PROPERTY OWNERS~ BEHALF
Xtem #16D4
ASSE~SMEBFT DEFERRAL FOR 1994 RE HARDSHIP PROGRAM - STAFF TO MAKE
APPlt0PI~IATE ADJUSTMENTS TO THE ASSESSMENT ROLLS PRIOR TO TAX BILLS
ISSUED
Xtem#16D5
FOR CONTINUATION OF THE NOTICE OF PROMISE TO PAY AND
&GIEII~ITTO e~,ssu PAYMENT OF SEWER IMPACT FEES FOR RESURGENCE
~X~ XNC., WHO IS SUCCESSOR IN TITLE TO THE PROPERTY FREVIOUSLY
ONIBI) BTNAFLB~ CANTAMAR LTD
See Page /q/2Z
Zte!llZlDt
NOTIC~OFFR~MISR TO PAY AND AGREEMENT TO EXTEND PAYMENT OF SEWER
INPaCT FgI~ BETWEEN GILBERT A. AND MARTHAL. MENDES AND THE BOARD OF
COu_.Xx CC~eIII[SlOITERS OF COLLIER COUNTY, FLORIDA
Page 40
JUly 19, 1994
8ATIffaCTION8 OF CLAIM OF LIENS FOR SEWER IMPACT FEES FOR ALROB
IJSO~IATE~, DOUGLAS AND GORDON AVERY AND NMS CORPORATION
See Pages
/qq- aoa - Jn
· ATIII~ICTXOIrS OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO =A~zND
PATM~TrOFnWER IMPACT FEES FOR JANIS CLARK; EDWARD AND GAYLE
COWlOLLTJ aNNA DATTON; DAVID AND LORETTA FOGLESONO; MIGUEL GUITARD,
ANGLE, LaILWJLLDE, AND JOSE GUITARD; CAROL AND BARTLEY HICKS; JOSE AND
LIDIA JACOB; FRANK AND BEVERLEE LANEY; FREDRICO AND MIRIBEL LOPEZ;
RANIMPeL P. NOORE AND MARIA DELIA ACOSTA VASQUEZ
Xtem11611
BID PROCESS WAIVED; AUTHORIZATION FOR THE PURCHASE OF
DIAGNOSTIC CO[~PUTER FROM THE SOLE SOURCE PR0VIDER, AUTOMOTIVE
DZAGI~STZC E~IIFMENT
Ite~e1612
W0~l O%~DER JlI-11 UNDER THE ANNUAL AGREEMENT WITH JOHNSON ENGINEERING,
XNC. ~ PROFESSIONAL ENGINEERING SERVICES FOR THE MARCO ISLAND
SIJIRX~tS MARINA RENOVATION
See Pages
Ztma~lerl
JUDi~~NT TO TRANSFER FUNDS FROM THE GENERAL FUND TO THE
~JrJTrT"m DEPAItTMENT OF EMERGENCY MEDICAL SERVICES - IN THE AMOUNT OF
82,128.OO
TO PROFESSIONAL SERVICES AGREEMENT WITH WILSON,
PEEK, INC., FOR MASTER PUMP STATION 3.16 - IN THE
8E,O00.O0
Ita ll6H2
See Pages
ORDER NO. 4 FOR =~rJ CONSTRUCTION OF SANTA BARBARA
BOULKVAI~D/LOGAII-BOULEVARD - IN THE AMOUNT OF $37,361.97
See Pages
ACC'IPT~ OF AGENDA ITEMS APPROVED BY THE COUNTY BY THE COUNTY
THE BOARD'S RECESS
Page 41
July 19, 1994
Budget Amendments 94-459; 94-463; 94-465; 94-476; 94-488;
94-490; 94-495; 94-497; 94-500/502
Budget Amendment Resolution 94-BAR-21
Formal bid process waived and payment to Shell Oil Company
for the purchase of motor vehicle fuel in the amount of
$10,300.
Bid #94-2221 awarded to Water Services, Inc. for water treat-
ment services for air conditioning cooling towers for $560
per month·
Bid #94-2217 for temporary clerical services awarded to Kelly
Services, 01sten Staffing and Manpower.
Budget amendment to increase appropriations to cover
increased operating expenses of the Goodland Water District
in the amount of $52,000.
Work Order under the current annual Professional Services
Agreement with Agnolt, Barber & Brundage for the Naples
Park/Vanderbilt Beach Wastewater System.
See Pages **Document not received in Clerk to Board
office as of Sept. l, 1994'**
Supplemental Agreement to the Professional Services Agreement
with Agnolt, Barber & Brundage, Inc. for the design of
Vanderbtlt Beach Road Improvements in the amount of 822,451.
see pages
Change Orders for the Vineyards Community Park project and
authorization for a new 10~ change order limit for future
change orders.
see Page
ltem e163
MISCELLANEOUS CORRESPONDENCE - FILED AND/OR REFERRED
The following miscellaneous correspondence was flied and or
referred as presented by the Board of County Commissioners with an
additional letter:
1. Michael McNees, Acting Utilities Administrator, from Attorney
James Siesky re return of check for terminated leases for
sewer plant site and effluent ponds owned by Hubschman
Associates.
Page 42
July 19, 1994
Itmtl2Jl
Cs~xlmlClTJJ OF CORRXCTION TO THE TAX ROLLS AS PRESENTED BY THE
PROPKRTTAPFRAISIR~S OFFICE
1993
TANGIBLE PERSONAL PROPERTY
NO'S. 163 - 170 Dated 6/29/94 - 7/12/94
2aTI~FACTIOI~ OF LIEN FOR SERVICES 0F THE PUBLIC DEFENDER
See Pages
It~#16K1
~u{ah~ a-~~ ~qRANSFBJ{I~IN6 FUNDS FRO~ THE CONFISC&TED THUST FUND
~) I~3 MI~Q~TaU{EOUS OPE1RATIN8 SUPPLIES )OR DRU~ IBUSE EDUClTION
Ztem#16K2
~JDit~x ar~X TRANSFERRING FUNDS FROM THE CONFISCATED TRUST FUNDS
FOR T~I ~OCuKIMENT OF SPECIALIZED EQUIP¶(ENT FOR INVESTIGATIVE
Pglt_~i:}212 IT'T!!l COLLIER COUNTY SHERIFFmS OFFICE
Item #16L1
RI2OLUTXON 94-517, CORRECTING TYPOGRAPHICAL ERROR IN RESOLUTION
RIi aSSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC
OWNER OF RECORD ROBERT D. BAUMAN ET UX
See Page
There being no further business for the Good of the County, the
meeting was adjourned by Order of the Chair - Time: 4:25 P.M.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS
Page 43