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BCC Minutes 05/17/1994 RNaples, Florida, May 17, 1994 LET IT BE REMEMBERED, that the Board of County Commissioners in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special districts as have been created according to law and having conducted business herein, met on this date at 9:00 A.M. in REGULAR SESSION in Building "F" of the Government Complex, East Nap/es, Florida, with the following members present: CHAIRMAN: Timothy J. Constantine VICE-CHAIRMAN: Betrye J. Matthews John C. Norris Michael J. Volpe Burr L. Saunders ALSO PRESENT: Sue Barbirettt and Marilyn Fernley, Deputy Clerks; Neil Dotrill, County Manager; Ken Cuyler, County Attorney; David Weigel, Heidi Ashton, MaJorie Student and Richard Yovanovtch, Assistant County Attorneys; Tom Conrecode, Office of Capital Projects Management Director; Dick Clark, Acting Community Development Services Administrator; George Archibald, Transportation Services Administrator; Mike Smykowski, Acting Budget Director; Leo Ochs, Administrative Services Administrator; Tom Nhitecotton, Human Resources Director; Greg Mthalic, Affordable Housing Director; Bill Lorenz, Natural Resources Administrator; Mike Newman, Utilities Director; Jeff Walker, Risk Management Director; David Russell, Acting Solid Waste Director; James Ward, Pelican Bay Services Administrator; Jean Ganeel, Budget Analyst; Harry Huber, Technical Services Supervisor; Russ Muller, Transportation Engineer; Deputy Hernandez-White, Sherlff's Office and Sue Filson, Administrative Assistant to the Board. Page I Tape #1 (220) AGE~'D& - &PPRO~ ~I/TH CH&~G~S ~ay 17, 1994 CoRtesloner Norris ~oved, seconded t~ Co=-lee/oner Vo/pe and carried unanimously, to approve the agenda with the changes ae detailed on the Agenda Change Sheet, County Attorney Cuyler noted that Items #16H?, 16H8 and 16H9 are three items on the Consent Agenda that relate to Item #8H4, He stated that in the event that Item #8H4 Is not approved, the votes on the Consent Agenda items will have to be reconsidered. Commissioner Hatthews requested that Items #SH! and #8H3 be heard at the same time. Page May 17, 1994 (222) Itel~ CONS~ AGENDA - APPROVED AND/OR ADOPTED The motion for approva! of the consent agenda is noted under Item {225} Itel #3 MINUTES OF THE REGULAR MEETING OF MAY 3, 1994, AND SPECIAL MEETING OF MAY 4, 1994 - APPROVED Co~missioner htthewe moved, ascended by Commissioner Vo/pe and carried unanimoua2y, to approve the ainutee of the Re~ar ~eettng of ~y 3, 1994 ~d Specia2 Meeting of May 4, 1994. (233) Item ~4A ~0~E S~ICE AW~S - P~SE~ED Commissioner Constantine congratulated the following employee for service with Collier County Government: Roger P. Kastel - 5 Years, U~ilities Services - Presented (245) Item #4B1 PRO6~LAMATION DESIGNATING THE NHEK OF MAY 15-21, 1994 AS EMerGENCY MEDICAL ~ICE~ ~EK - ~ED; qU~TE~Y PHOENIX AW~ - ~SE~ED Upon reading the proclamation, Couteeioner Norris moved, seconded by Conicsloner M&tthews and carried unanimously, that the Proc2~ation designating the week of May 15-21, 1994 as Emergency Medica~ Services Week be adopted. Diane Flagg accepted the Proclamation. Ms. Flagg introduced Capt. Jim Sanders of the Sheriff's Office who presented the quarterly Phoenix Award to the following people: Colleen Provost, Paul Johnson, Juan Ortega, Prank Millet, Paul Paesarertl, Paul Wilson, Douglas Cameron, Terry Hamilton, Ricky Garcia, Bill Richardson, Steve Donsvan and Jackie Lay and Matt Vila, who received two Phoenix Awards. Page 3 ~a¥ 17, 1994 (s g) PROCLAMATION D~ZGNATZNG FRIDAY, MAY 20, 1994, A~ RONALD MCDONALD HOUri AMARI!~ DAY - ADOPTED Upon reading the proclamation, Commissioner Matthews loved, eecol~ed by Commissioner Volpe and carried unantlously, that the Proclarion designating Friday, May 20, 1994, as Ronald McDonald Houri Awareness Day ~ adopted. Fred Frederick, Trlsh Leonard and Joe Landon accepted the procla- mation. In response to Co~es~oner Volpe, Mr. Frederick stated that contributions may be sent to 2139 Del Prado Blvd., Cape Coral, Florida 33904. Ms. Leonard thanked the Board of County Co~tss~onere ~d local businesses for ~heir support. Page 4 Nay 17, 1994 (677) Itel PROCLiJI&TXON DESZGI[ATXNG NAY 17, 1994, AS COLLIER COUNTY PUBLIC SAFETY TELECC~IUNICATOR~ AND 9-1-1ENEROENCY NUNBER DAY - ADOPTED Upon reading the proclamation, Co~missioner Saunders moved, leCOnded by Conlssloner Norris and carried unanimously, that the Proclamation designating Nay 17, 1994, as Collier County Public Safety Teleco~muntcators and 9-1-1 Emergency Number Day be adopted. Debbie D'Orazto, 911 Emergency Coordinator, Collier County Shertff's Department, John Daly, Communications Supervisor, City of Naples Police Department and Buddy Brunker, District Customer Relations Manager, Sprint/United Telephone of Florida accepted the Proclamation. Mr. Brunker presented a check for $1,000.00 to Capt. Jim Sanders of the Shertff's Office on behalf of Sprint/United Telephone for the Explorer Post #62. He presented a check f~r $5,000.00 to Capt. Jim Sanders of the Shertff's Office on behalf of Sprint/United Telephone for the Juvenile Boot Camp. He encouraged the community to support the proposed Juvenile Boot Camp. Capt. Sanders expressed his appreciation. Page 5 Hay 27, 1994 (S~S) Xtel PROCLANATXON R~CO~NXZXNG SATURDAY, ~LqY 21, 1994, AS "AT YOUR SERVICE, COLLXER C0~ G~ DAY' - Upon reading the proclamation, Coulesionar Volpe Boved, eeconded b~ Conieeloner Saunders and carried unanimously, that the Procla~ation reco~nizing Saturday, May 22, 1994, as "At Your Service, Collier Coun~ Government Day' be adopted. Commissioner Constantine accepted the Proclamation. County Manager Dorril! encouraged the public to visit the presen- tation that wall be held at the Coastland Center Mall on Saturday, May 22, 1994. Page 6 May 17, 1994 Ztm#4B5 PROCLAMATION RKCO(3NIZING THE COUNTY'S PUBLIC ASSISTANCE LINE - ADOPTED Upon reading the proclamation, Cantsstoner Constantine ~oved, aeconded by Commissioner Matthew~ and carried ~tmou~ly, that the Proclmtl~ reco~tztng the C~ty'~ ~bltc Aaolst~ce Line ~ adopted. Co~t~ Hanager Dorrill noted ~hat the telephone number, 774-8801, has been established to provide prompt service to the public. Page 7 (1050) Item #4B6 RECOGI~TION OF BIKE-TO-WORK DAY - PRESENTED Nay 17, 1994 Anita Chapman, Bicycle Pedestrian Coordinator, stated that Collier County Joined the nation in celebrating Bike-To-Work Day. She said that Collier County formed a team that contained 63 members. Don Dziatkiewicz, of Benjamin Cyclery, drew the name of Karen DePetro as the winner of the Trek B~ke. (2287) Xtem,4B7 RECOGN/TION ON BEHALF OF THE MARCO ISLAND TAXPAYERS ASSOCIATION - PRESENTED TO TOM WHITECOTTON Commissioner Norris reported that the Marco Island Taxpayers Association presented Tom Whltecotton, Human Resources Director, with an award for h~s work as Co-Cha~rman of the Ad-Hoc Study Group. Mr. Whitecotton accepted the award. BUDGET ~S 94-378, 94-379, 94-382, 94-382 AND 94-386 - ADOPTED Acting Budget Director Mike Smykowsk~ requested adoption of the three routine Budget Amendments as shown ~n the Executive Summary. Commissioner Norris moved, seconded by CelLosLoner Volpe ~nd CLT'rled ~lmouely, that Budget Amendments 94-378, 94-379, 94-382, 94-382 ~nd 94-386 b~ adopted. Ite~SB BUDGET ~ ~SOL~ION 94-16 - ~PTED Commissioner Norris moved, seconded by Contss/oner Volpe and carried unanimously, that Budget Amendment Resolution 94-16 be adopted. Page 8 ~ay ~?, 1994 ~tsm ~7A ROHALD A. EI~I~RT, BREAD OF LIB MINISTRIES OF NAPLES, INC. R~ IMPACT PI~NAIVER - ~ DI~KD TO I~STIGATK ~SSIBILITIKS ~ ~PORT FI~I~S TO ~C Ronald Ermert, explained that Mr, Correa has been permanently disabled due to an accident that occurred on January 29, 1991. Mr. Ermert stated that Mr. Correa has received a settlement and has procured a parcel of land and wishes to place his trailer on the property as a permanent residence for his family. Mr. Ermert requested that the Board waive the impact fees and per- mirting fees for Mr. Ermert. In response to Commissioner Constantine, Greg Mihalic, Affordable Housing Director, replied that there is a prohibition on waiving the impact fees on mobile homes within the Ordinances. In response to Commissioner Volpe, Mr Mthaltc stated that the impact fees are approximately $3,300.00. Commissioner Constantine asked if there was a way to accomplish this? Assistant County Attorney Ashton replied that the Board would have to amend the Ordinance to delete that section. She stated that the prohibition was instituted as a policy decision by the Board to pre- vent the proliferation of waivers and deferrals of mobile homes. In response to Commissioner Constantine, Assistant County Attorney Weigel stated that it would be difficult to address this case without amending the Ordinance. In answer to Commissioner Saunders, Mr. Wetgel indicated that spreading the payments out is not an option for the mobile home con- text. County Manager Dotrill suggested that Mr. Cortes apply through the Social Services Department to see if he is eligible for public assistance. Cm~tssioner Norris ~oved0 seconded by Couiasioner Matthewm to direct Staff to investigate the possibility of accomplishing this Page 9 request and report back to the Board in a reasonable a~ount of tt~e. Commissioner Volpe suggested that the motion be broadened to explore as an overall program to encompass persons with disabilities that do not qualify for assistance under the current available programs. Upon call for the question, the motion carried unanimously. NILLIAM DULII RE DISPOSAL OF USED SYRINGES - DR. POLKaSsKI TO William Dulin stated that safely disposing of potentially dangerous biohazardous waste is a nation wide problem. He said that the State Code has required each County to set up a program for safely disposing of used needles, syringes and lancets (sharps). He stated that an Ad Hoc Committee has been formed. Mr. Dultn indicated that no program has been established in Collier County to safely dispose of the sharps. He said that the com- mittee has proposed a program that will provide puncture proof con- tatnets. He said that the containers will be distributed in central collection sites. He said that the County Fire Stations possibly may be used as the central collection sites. He stated that a disposal company will pick them up and dispose of them in an appropriate fashion. He remarked that public education will be Included in the program. Mr. Dulln requested a budget for the program. He stated that a budget of approximately $8,200.00 is necessary for the first year. He said that Lee County has a very good program, and the committee from Collier County is patterning their program in the same way. Commissioner Volpe asked if Dr. Polkowskt, Public Health Unit Director, was aware of the concept? Mr. Dulin replied that H.R.S members are part of the committee. He stated that H.R.S. has Indicated that they do not have funds available. He stated that he has been unable to obtain State Grant Page 10 May 17, 1994 funding. He reported that he has contacted one of the firms that supplies needles and syringes but they too were unable to be of assistance. Commissioner Volpe asked if the hospital has been contacted? Mr. Dultn confirmed that hospital officials have been contacted but their disposal system is overloaded. Commissioner Volpe stated that if the Public Health Unit feels that the Issue is a pubic health problem the Board can consider the Issue in the budgeting process. Commissioner Norris commented that the Board of County Commissioners t8 not the appropriate funding source because it is a health safety Issue. Commissioner Constantine stated that he is scheduled to meet with the President of Naples Community Hospital next week. He agreed to solicit their assistance. Mr. Derrill stated that Naples Community Hospital has their own biomedical Incinerator. He suggested that they may be willing to accept materials and dispose of them as a public service. Mr. Dultn remarked that he would appreciate any help. Commissioner Matthews suggested that Dr. Polkowskt evaluate the proposal. (2280) Itel #8A1 APPEAL OF LIEN RESOLUTION NO. 94-179, RECORD OWNER - CAROL A. PINKALLA - DENIED Commissioner Constantine announced that this item will be heard in conjunction with Item #8A2. DIck Clark, Acting Community Development Administrator, stated that the Code Enforcement Department had cases of weed violations and followed procedures to notify the property owner. He said that the property owner failed to remove the violation in the appropriate time. Mr. Clark noted that Mrs. Ptnkalla was not in attendance. Commissioner Volpe stated that If the appellant is not in atten- Page May 17, 1994 dance, Mr. Clark should not present the case. In response to Commissioner Saunders, Mr. Clark confirmed that all proper procedures had been followed by Staff. Commissioner Volpe moved, seconded by Co~usissionsr Matthews and c~rriea unanimously, to deny the appeal of Lien Resolution No. 94-179. (228o) Ite~ APPEAL OF LIEN KESOLUTION NO. 94-180, RECORD OWNER - CAROL A. PINKALLA - DElllED This item was heard in conjunction with Item #SA1. Co~leetonlr Volpe moved, seconded by toutsstoner Matthews and cnrrted unanimously, to deny the appeal of Lien Resolution No. 94-180. (24S~) Item #8D1 A~REEMENT FOR THE PERMANENT PROVISION OF WATER SERVICE TO THE KEY NARCO COMMUNITY DEVELOPMENT DISTRICT AND THE GOODLAND WATER DISTRICT - Mike McNees, Acting Utilities Director, stated that the Board has already approved a three party agreement with Key Marco, Collier County and Southern States Utilities for the provision of the water. He stated that this agreement accepts the contribution from the Key Marco Community Development District to the County Water Sewer District to fund water Improvements to bring water from the Goodland Water District in exchange for connection to the Goodland System. In response to Commissioner Norris, Mr. McNees stated the funds shown as developer contributions and Impact fees will cover the cost of the project. Commissioner Norris ~oved, seconded by Commissioner Saunders to approve St&ff'e recommendation on this Item. In response to Commissioner Volpe, County Manager Dartill replied that water is provided to Key Marco by strapping it to the bridge sup- port structures. Raymond Harris, Key Marco Development, remarked that utilities that run across the bridge are housed within the bridge. Page 12 May 17, 1994 In response to Commissioner Volpe, Mr. Harris confirmed that the County is providing service to the front entry of the site and the water. Upon call for the question, the motion carried unanimously. Page 13 May 17, 1994 (2620) Ztel #8D2 PURC~[~I OF Plt~-FZLTER$ FROM TH~ GIORGE S. EDNARDS CO., ZNC. - APPltOV~D PURCILIt~ OF 01~ SET AT 824,451.35 Mike Newman, Water Director, stated that this item is a request to purchase a new type of pre-filter for the membrane softening facility. He said that sand intrusion problems are occurring at the facility. He presented one of the filters that is presently being used at the plant. He said that the filters are flexible and mounted in a hori- zontal housing. He stated that the weight of the sand and water is suspected in flexing these filters and allowing sand to seep in. He said that the filter proposed to be used in the interim is called a Betapure filter which is used in the bottled water industry. He said this filter is rigid, self-supporting and is provided with gaskets at the ends that should provide a positive seal against sand seepage. In response to Commissioner ConstantilJe, Mr. Newman replied that 23! are contained in one vessel and there are five vessels for a total of 1,155 filters in a set. Mr. Newman stated that Staff has identified that small quantities of sand are coming out of 23 of the 26 County production wells. He said that the newly constructed raw water main is the major source of sand intrusion. In response to Commissioner Constantine, Mr. Newman stated that this immediate step will offer some protection against the damage that may be occurring. He said that once the sand intrusion from the raw water main is eliminated the small quantities of sand will have to be addressed. In response to Gommissioner Constantine, Mr. Newman replied that if the new filters are not purchased, the membranes could be damaged which could reduce their life span. In response to Commissioner Volpe, Mr. Newman confirmed that since the plant came on line in January five sets of filters have been used. He said that Staff expects to get a minimum of double the life span of ,oo, 001),',',: 27 Page 14 May 17, 1994 the current filters. In response to Commissioner Volpe, Mr. Newman stated that the plant could be operated at a higher capacity with the new filters. In answer to Commissioner Volpe, Mr. Newman replied that a long term solution may take up to 90 days. He stated that a final assessment of damage has not been fully evaluated at this time. In response to Commissioner Volpe, Mr. Newman replied that the information for this product has been sent to the engineers who designed the plant. He stated that they have no objections to the filter. Commissioner Constantine commented that not objecting to the filters is different than recommending them. Commissioner Volpe asked if Staff has any alternatives? Mr. Newman replied that there Is no other option to deal with the short term problem. Commissioner Constantine remarked thai a Sand Summit is to be held this afternoon. He said that he would be more comfortable if he had the results of the meeting and the opinion of the engineer. Mr. Newman stated that the Sand Summit will address the sources of sand. He said that the meeting will not address the current problem. Commissioner Norris remarked that the pre-ftlters will be used as part of the system regardless of what is done In the future. Commissioner Volpe stated that a long term solution must be resolved. Mr. Newman pointed out that the pre-ftlters will help prevent per- manent damage to the system. Commissioner Matthews remarked that the Executive Susunary requests the purchase of two sets of pre-ftlters. She suggested that one set be purchased in order to evaluate it before purchasing more. Tap~ #2 Mr. Olds spoke on the subject. Fred Bloetscher, Sr. Project Manager, Capital Projects, stated Page 15 May 17, 1994 that this is a very unusual problem. He said that the origin of the problem is difficult to track down. He said that the sand issue is a construction defect not a design issue Co~ieelonar Norris ~oved to approve the purchase of one set of pre-filtmre and direct Staff to report back with an evaluation. Seconded b~ Cowriesloner Saunders. In response to Commissioner Volpe, Mike McNees, Acting Utilities Administrator, replied that the results of the Sand Summit and the long term issue of the construction project will be delivered to the Board members in memorandum form. Commissioner Constantine commented that no one has reported that this will improve the situation except the manufacturer, therefore, he cannot support the motion. Upon call for the question, the motion carried 4/! (Cowmieeloner Const~ntine oppomad). (42¢) BAR 94-27 1~ PROPERTY & CASUALTY INSURANCE FUND - ADOPTED Jeff Walker, Risk Management Director, explained that this item would increase the appropriation for insurance claims in Fund 516. He stated that the Executive Summary lists where the majority of funds has been spent. He said that as of April 30, 1994, a total of $566,655.00 has been spent on claims, $216,000.00 will be reimbursed from the reinsurer. He said that the budget amendment funds will come from reserves to fund claims for the remainder of the fiscal year. He explained that this fund is budgeted on an incurred claims basis. Mr. Walker reported that the Risk Management Department has been working closely with the County Attorney's Office to try to bring the defense of liability suits In-house where applicable in order to save money from outside attorney fees and improve legal strategy. In response to Commissioner Volpe, Mr. Walker stated that the cases go back to 1989. He said that the aggregate amount of loss to the County is $525,000.00, he said they typically budget 75~ of that Page 16 Nay 17, 1994 Coma~ssloner Semnders moved, feconded by Couulss~oner Norr~o and carried m~unlmomsly, to approve Staff recouuendation, thereby adopting BAR 94-17. Page 17 May 17, 1994 (s34) LICENSE A~ BETWEEN BCC AND WARNER BROTHERS FOR USE Ol COUIFTY-OWNKD PROPERTY - APPROVED Michael Dowling, Real Property Specialist, stated that Staff has been contacted by Warner Brothers regarding utilizing the 4th Floor of the Administration Building for the filming of a motion picture "Just Cause". He said that filming would take place one or two days during the week of June 6, 1994. He said that the insurance require- ments have been approved by Risk Management. Con/astonsr Norris moved, seconded by Contsstoner Matthews and carried unanimously, to approve the License Agreement. NOTE: AGREEMENT NOT RECEIVED IN CLERR TO BOARD OFFICE AS OF 8/17/94 Page 18 May 17, 1994 · ~e Recess: 10:50 AN - Reconvened: 11:10 AN At this time Deputy Clerk Fernley replaced Deputy Clerk B&rbiretti e~ (673) RKCOg~iENDATION TO AUTHORIZE MODIFICATIONS TO OPERATING SCHEDULES FOR SOLID WASTE LANDFILLS AND TRANSFER STATIONS - CHRISTMAS EVE AND NEW ~ EVE CLOSURES AT 2:00 PM APPROVED; DELAY REDUCING CARNESTONN TRA~S~R STATION TO ONE DAY UNTIL JULY 1994 TO NOTIFY AND SURVEY UTILIZERS TO ASCERTAIN NHICH DAY THEY PREFER THE STATION TO BE OPEN David Russell, Acting Solid Waste Management Director, stated that holiday closings at landfills are at 2:00 PM for Memorial Day, 4th of July and Labor Day and Staff is requesting the 2:00 PM closing on Christmas Eve and New Years Eve. He Indicated that franchisees will have a minimum crew to handle emergency collections. Mr. Russell explained that the closings represent a saving of 72 manhours or $1,160 annually. Mr. Russell stated that Staff is proposing to reduce the Carnestown Transfer Station operating schedule from Monday, Wednesday and Friday to Monday only. Commissioner Constantine questioned the Increase in Illegal dumping with the reduced schedule. Mr. Russell explained that the customer transaction count indi- cates that one (1) day is sufficient for accommodating needs and the residents are used to a during the week schedule. Commissioner Matthews stated that notification should be sent to the citizens utilizing the facility prior to altering the schedule for feedback and to ascertain what day they prefer the station be open. Mr. Russell stated that there are only five (5) customers per day on Monday, Wednesday and Friday which can be handled easily one (1) day per week. He explained that Monday was selected for Carnestown because customers surveyed at the Naples and Marco Island transfer stations preferred a Sunday/Monday closing over the current Sunday/Wednesday which would facilitate coverage at the Carnestown Transfer Station with remaining Staff. Mr. Russell indicated that elimination of the permanent part-time position at Carnestown Transfer Page 19 May l?, 1994 Station will save approximately $15,000 annually. County Manager Dotrill stated that delaying implementation of the reduced schedule until July will allow Staff to notify users of the reduction and selection of the day the customers prefer the station to operate. Co~issioner Matthews loved, seconded by Couissionar Norris and carried 4/0, (Co~issionsr Saunders ~ut) that the 2:00 PM holiday clo- · urss &t the landfills on Christ~as Eve and New Years Eve be approved but delay reducing Carnestown Transfer Station to one day until July, 1994 to notify and ~urvey utilizers to ascertain which day they prefer the station be open. Itel ~8G2 - Deleted (898) it~OLUT~ON 94-355 AUTHORIZING ~ ACQUISITION, BY GIFT, PURCHASE OR CO~TION, OF LAND IN F~E SIMPLE FOR T~E ROAD RIGHT-OF-MAY FORT HE CONSTItUCTI~ OF THE ROADWAY FOUR (4) LANING OF BONITA BEACH ROAD PHASE II (BETWEEN FORESTER ROAD AND VANDERBILT DRIVE) - ADOPTED This item heard in conjunction with Item #8H3. Tom Conracode, Office of Capital Projects Management Director, stated that this item is for the right-of-way necessary for the road four (4) laning improvements and Item #8H3 is for the easement interest for drainage and temporary construction purposes on Bonita Beach Road between Forester Road and Vanderbilt Dr~ve. Commissioner Norris stated that the recommendation for the acqui- sition is by gift, purchase or condemnation and amendments to Florida Statutes regarding condemnation are forthcoming. He questioned if it would be In the best interest of the Gounty to postpone condemnation actions until after October 1, 1994 when the amendments take affect. Mr. Conrecode pointed out that this is a cooperative project with Lee County and construction is scheduled for November. Commissioner Norris indicated that members of the Lee County Commission voiced the same concern at the Joint meeting about new condemnation legislation and Staff should contact Lee County regarding Page 20 May 17, 1994 proceeding with condemnation action. County Attorney Cuyler stated that Lee County is probably in the acquisition phase. Mr. Conracode informed the Board that Lee County is responsible for acquisitions on the north side of Vanderbilt Drive and Collier County is responsible for the south side. In response to Commissioner Volpe, Mr. Cuyler indicated that the legislation regards attorney fees and will affect the overall cost of acquisition by condemnation. Commissioner Constantine stated that condemnation is the last option for acquisition. Mr. Conracode stated that seven (7) parcels are identified as probably requiring condemnation action. Mr. Cuyler informed that the County will still be liable for payment of attorney fees under condemnation but a limit will be set under the new legislation. Commissioner Norris pointed out that there is no incentive to negotiate a settlement under current legislation but there will be an incentive after October 1, 1994. In response to Commissioner Matthews, Mr. Conracode indicated that construction will have to be performed in segments and will be difficult to complete if all parcels are not acquired prior to the start date. Commissioner Norris stated that unless Staff can show that it will cost the County more by waiting four and a half (4 1/2) months before proceeding with condemnations, he desires to wait until after October 1, 1994. Mr. Conracode pointed out that Staff is trying to avoid two (2) tourist seasons being disrupted by construction along Bonita Beach Road. In response to Commissioner Norris, Mr. Conracode stated that a normal condemnation will take four to six (4-6) months. Mr. Conracode recommended moving forward with the acquisitions Page 21 May 17, 1994 due to the complexity of the project on a Joint basis with Lee County. Commissioner Matthews stated that Collier County must move for- ward with the project. Co~issioner ~tatthe~ moved, seconded b~ Commissioner Saunders ·nd c~risd 4/1 (Co~me~oner Norris opposed) to appr~e ac~teit~on ~ g~ft, ~c~e or conde~ation the fee simple title for the road rl~ts-of~y for the project parcels, thereby adopting Resolution 94-355. Page 22 May 17, 1994 Xtmm ~8H3 R~SOLOTIOM 94-356 AUTHORIZING THE ACQUISITION, BY GIFT, PURCHASE OR C~TXOM, TH~ EASEMENT INTEREST FOR DRAINAGE AND TEMPORARY CONSTRUCTION IKYRPOSES FOR TH~ PROJECT PARCELS R~QUIRED TO COMPLETE THE BONITA BEACH ROAD FOUR (4) LANING IMPROVEMENTS (BETWEEN FORESTER ROAD TO VANDERBILT DRIVE) - ADOPTED Discussion on this item was heard under Item #SH1. See comments above. CommAsstoner Matthews moved, seconded by Commissioner Smunders and c~ted 4/1, (CoBllsetoner Norris opposed) to approve acquisition by gift, purchase or condemnation the easement Interest for drainage And teupormry constructAon purposes for the project, thereby adopting Resolution 94-356. Page 23 May 17, 1994 POLICY DECIBION REGARDING REFUNDING OF THE MARCO ISLAND BEACH RKNOURISIIM~ITT BONI~ #ITH TOURIST TAX REVENUES - STAFF TO REPORT IN 60 D&Y~ &VAXLABL~ MECHANISMS FOR REFUNDING EXISTING BONDS AND ~INANCING FOR FUTURE FRO.TgCT~ AND TO UPDATE THK PRO FORMA TO INCORPORATE THE MARCO ISLAND BOND ISSUE IN TWO (2) WEEKS Mike Smykowski, Acting Budget Director, stated that on April 5, 199l, the Board requested additional information on refunding the Marco Island Beach Renourishment Bonds with TDC revenue, i.e. whether the bonds could be refunded and, if so, would the action Interfere with the ¢ounty's ability to receive State and Federal grant funding for the Naples beach renourtshment project, and bond counsel's opinion regarding same. Mr. Smykowski stated that legal opinion has been received from the County Attorney's Office and Bond Counsel, Thomas Gtbltn of Nabors, Gtbltn & Nickerson, indicating that the bonds can be refunded through the validation process. Mr. Smykowskt explained that Kirby Green, Director, Division of Beaches and Shores, Florida Department of Environmental Protection, by letter Indicated that "The use of such funds for the Marco Island pro- Ject will not have a detrimental affect on any possible future state financial participation for the Naples-Vanderbilt beach restoration projects. The only potential concern, which is actually a local government concern, is whether the use of available Tourist Development Tax monies would deplete local TDC funds to an extent whereby the local share of the cost associated with the Naplee-Vanderbilt projects would not be available..." Mr. Smykowskt stated that he spoke with Venessa Morrison, Project Coordinator with the Army Corps of Engineers, and she indicated that the refunding would not pose problems in securing Federal funding for the Naples beach project. In response to Commissioner Constantine, Assistant County Attorney Richard Yovanovtch stated that the Court approves the use of TDC funds to refund existing bonds through the validation process and Page 24 May 17, 1994 Bond Counsel points out that TDC funds can be used to refund bonds for which TDO funds are currently servicing the debt. In response to Commissioner Constantine, Mr. Smykowski indicated that the beach refunding will take place and the balance of the outstanding Marco Island debt would be serviced by tourist development tax revenues. Commissioner Constantine indicated a concern that the Naples-Vanderbilt beach renourishment project might be delayed for a couple years by depletion of the TDC funds while assisting Marco Island residents. Commissioner Volpe questioned if an updated pro forma has been completed on the "pay as we go" beach renourtshment program incor- porating the absorption of the bond Indebtedness and the impact the issue may have on the program? He pointed out that current Board policy is not to utilize bonding indebtedmess for beach renourishment. Commissioner Saunders presented an updated pro forma dated May 9, 1994. In response to Commissioner Matthews, Mr. Smykowskt explained that the current debt service on the bonds is $600,000 per year with an Initial call date of July 1995 and annually thereafter. The following people spoke on this item: George Keller Bill Neron Frank Blanchard Commissioner Saunders pointed out that the Board of County Commissioners is against beach renourtshment being paid for by long term bond issues. In response to Commissioner Volpe, Mr. Smykowskl stated that final debt service is in the year 2000 in the amount of $674,730. Co~issionar Saunders moved, seconded by Coutssioner Volpe ~nd c~zTiedun~ni~ously, that Staff report in 60 days avail&hie mechanisms for refunding existing bonds and financing for future projects and to update the pro for~a to incorporate the Marco Island Bond Isle in two (2) weeks. Page 25 ~ay 17, 1994 %tel #8H4 RNVIKII' I~COS~XNDATIONS OF THE TOURIST DEVELOPMENT COUNCIL AND MAKE FINAL FUJFDING DECISIONS I~QARDING PROPOSALS SUBMITTED FOR TOURIST TAX !~!TDING IN CATEGORY A: BEACH R~NOURISHNI~q~T/PASS NAINT~-NANCE - APPROVED AND ~'I'ING ~ I~iDING DECISION FROM TH~ CYCLE FOR APPROVAL GUID~'r.Z~S Jean Gansel, Budget Analyst, stated that there are eight (8) applications for tourist tax funding in Category A, Beach Renourtshment/Pass Maintenance. She Indicated that the City/County Beach Renourishment Committee and the Tourist Development Council have reviewed the applications and recommend funding of each project. Ms. Gansel pointed out that four (4) projects are for additional funding for existing project and four (4) are new projects for a total request of $1,374,895. She stated that funds are available in the Beach Renourishment Fund recognizing additional carry forward from FY 93 and reserves. In response to Commissioner Constantine, Ms. Gansel confirmed that the funds would be available for beach renourishmeat if the eight (8) projects are not funded. Btll Neron spoke on this Item. Assistant County Attorney Richard Yovanovich informed the Board that this request is outside the approval cycle guidelines due to Staff timing concerns. He indicated that the TDC will be making a recommendation to amend the guidelines. Commissioner Norris recommended that all tourist development tax funds be converted to Category A until the County has completed the beach renourishment project. Commissioner Volpe pointed out that the electorate made the deci- sion to allocate 60 percent of the tourist development tax to beach renourishment and pass maintenance. In response to Commissioner Volpe, Harry Huber, Capital Projects Technical Services Supervisor, stated that the preliminary design for dredging has been completed and the contract for final design is to be approved at the Board of County Commissioners meeting of May 24, 1994. Page 26 May 17, 1994 In response to Co~missioner Hatthews, Mr. Huber informed that the Inlet Management Plan has recently been completed and submitted to the State Department of Environmental Regulation for approval. Mr. Huber stated that he is the manager for the Beach Restoration Project and Jerry Neal Is the project manager for the Inlet Management Plan. Cmtastonsr Saunders moved, seconded by Co~nlssionsr Volpe and c~ri~ ~tmly, to appr~e final ~ding for Tourist T~ ~dtng In Cat~ A ~d exert the f~ding fro~ the cycle for a~roval (3296) BID ~4-2174 ~R ~0~ ~D FO~ (4) ~L DRI~ N~ A~!D ~ ~ ~-~L ~ S~ES IN ~ ~ OF 813,816.49 - ~~D James Ward, Pelican Bay Services Division Administrator, stated that the primary use of the equipment Is for mowing slopes and berms by Pelican Bay Services. Hr. Ward explained that the specifications required a four (4) wheel drive piece of equipment with tires wide enough to be stable on the slopes and operate at a slow speed. Mr. Ward stated that the two (2) lowest bidders, Lewis Equipment Company and Live Oak Lawn Supply, did not meet any of the specifica- tions and the next three (3) bidders, Creel Ford Tractor, RSI and Antler Tractor & Turf, had tire sizes and speeds not meeting specifi- cations. He indicated that Wesco Turf submitted a bid for a Toro 300 but also operated at speeds which exceeded the specification require- ments and the tire sizes were too small. Mr. Ward stated that Staff is recommending award of Bid #94-2174 to Naples Rent-All and Sales in the amount of $13,816.49. ~lmmtoner Volpe ~oved, seconded by Coulslionar Matth~ and c~ri~ ~l~ly, t~t Bid ~94-21~4 for a front i~ted four (4) ~1 ~i~ ~r ~ I~ded to Naples Ren~-All ~d Sales in the ~t of 013,816.49. Page 27 May ~?, 1994 (3S32) lte~8~6 AUTHORIZE FUNDING FOR TH~ FY 94 INTEREST EXPENSE ON THE ROAD CO]I~TRUCTION COMMERCIAL PAPER LOAN FROM ROAD IMPACT FEE FUNDS, AUTI~ORIZE FUNDING THE CONTRACT WITH LEE COUNTY TRANSPORTATION FROM FUND (351) R~SENVES, AND AUTHORIZE THE NECESSARY BUDGET AMENDMENTS TO ACCOMPLISH SAM~ - APPROVED John Yonkosky, Assistant to the County Manager, stated that this request is for authorization of a funding source for the interest expense for FY 94 on the tax exempt commercial paper loan program. Mr. Yonkosky explained that on April 26, 1994, the Board approved the roll over of the $13,750,000 commercial paper program bringing the sum down to $12,150,000 with a ten (10) year pay out with a five (5) year balloon. He pointed out that the budgeted principal payment of $1,000,000 was increased to $1,600,000 based on an analysis of pro- Jects and debt service funds. Mr. Yonkosky stated that after the loans rolled over and the principal payment was made, a cash shortfal! of $450,000 was realized which represents the interest payment. He explained that $427,000 in payments were processed against the fund from the time the Board approved the roll over instead of being processed against the impact fee funds. Tape ~3 ~~1on~r NorriB ~oved; seconded by ColmtSlioner Saunders and carTie~ unanimously, to authorize funding the FY 94 interest expenle on the roe~ construction conerote! paper loan froa the road i~pact fee funds, authorize funding the contract with Lee CountF Traniportation fro~ Fund (331) relervee, and authorize the necelear~ budget a~end~ent to accoaplieh aa~e. (102) Itel DI$CU$$IOR !~LRDING APPOINTMENT OF A HEARING OFFICER FOR APAC CONDITIONAL USE PETITION CURRENTLY SCHEDULED FOR BOARD CONSIDERATION ON MAY 24, 1994 - NO ACTION TAKEN County Attorney Cu¥1er stated that a request has been made to appoint a hearing officer by the Board of County Commissioners to hear Page 28 May 17, 1994 the APAC Conditional Use Petition scheduled for consideration on May 24, 1994. He explained that a provision in the Land Development Code allows the Board to designate a hearing officer. Mr. Cuyler indicated that the primary reason for the request is that only four (4) votes are available on the item because Commissioner Matthews has a conflict of interest and a minimum of four (4) votes is required for approval of a conditional use. He explained that another concern is that there has been ex parts communication with one (1) or more commissioners. Mr. Cuyler stated that the quasi-Judicial hearing conducted before the Collier County Planning Commission (CCPC) was approximately eight (8) hours in length with two (2) attorneys objecting to the petition along with numerous public speakers. In response to Commissioner Constantine, Mr. Cuyler explained that the CCPC recommendation will be presented to the hearing officer instead of the Board of County Commissioners if the Board chooses to hire the hearing officer. Mr. Cuyler pointed out that the County Attorney's Office is still researching for case laws but none have been found to date and is pro- bably due to most counties not requiring a super majority vote for zoning approvals. The following people spoke on this item: Douglas Rankin Thomas Franchino Janice Applegate Judy Hentges George Keller Mr. Cuyler stated that the Board has the ability to have the hearing officer make a final decision with an appeal process through the Board of County Commissioners or to have the hearing officer make a recommendation to the Board for a final decision by the four (4) eligible Board members. Commissioner Saunders indicated that several letters have been received on the subject which he answered by form letter but the let- ters have no impact on his decision making process. Mr. Cuyler explained that the law indicates there is to be no ex Page 29 May 17~ 1994 parts communications but the question remains if the communications invalidate the Board members ability to hear the case. Commissioner Saunders stated that a list of phone messages from property owners indicating opposition to the APAC expansion was placed in his mail slot and questioned if that constitutes an ex parts communication? Mr. Cuyler informed the Board that the law is not clear in the definition of ex parts communications. Commissioner Constantine pointed out that all Commissioners received the same list and that the messages indicated that the pro- perty owners objected to the appointment of a hearing officer. He stated that he directed his secretary to respond to any letters with a form letter but did not personally read any communications. Commissioner Matthews stated that when she receives com- munications regarding APAC, a quasi Judicial form letter is sent without her reading the letter and the communication is then forwarded to Development Services for inclusion in the public package. Mr. Cuyler stated that the ex parts case gave a course of action to people claiming that an ex parts communication occurred but the burden lies on the claiming party to prove that the communication took place. Commissioner Volpe indicated that the City of Naples will discuss any issue with anyone and informs parties that such discussions can be considered ex parts communication but that the discussion will in no way influence their decision one way or another. Mr. Cuyler stated that the Petitioner indicated that the Court did not address the possibility of damages as a result of a violation of rights for failure to give due process. In response to Commissioner Saunders, Mr. Cuyler informed that the Dads County case did not include instructions on how to clear ex parts communication. Commissioner Norris stated that the Board of County Commissioners was elected to perform this lob and communication with constituents is Page 30 May 17, 1994 unavo ! dab ! e. Commissioner Constantine indicated that the Board of County Commissioners should hear the APAC issue and a decision should not be made today. It was the consensus of the Board that no action be taken today and the Board of County Coalsstoners is to hear the APAC issue as scheduled for M~y 24, 1994. e$~ Recessed: 12:55 P.M. - Reconvened: 2:00 P.M. at which time Deputy Clerk Barbirett! replaced Deputy Clerk Fernlay e~* Its ~9& RE~OF~FfION 94-S57 RE REVISING PERSONNEL RULES AND REGULATIONS BY AMeNDIN9 S~CTION 0250, C09~ITMENT TO FAIR TREATMENT; AMENDING SECTION 0260, DI~CIFLIN~ AND HEARING PROCEDURES FOR BELOW THE LEVEL OF SECTION HEAD~ FOR FULD-TIME AND REGULAR PART-TIME EMPLOYEES; AND ADDING SECTION 0265, HEARING OPPORTUNITY FOR SECTION HEADS, MANAGERS, DIRECTOR~ AND ADiqINISTRATORS - ADOPTED County Attorney Cuyler stated that according to Board direction a Resolution has been developed revising the Personnel Rules and Regulations. County Attorney Cuyler reported that the first five pages of the Executive Summary are under the heading "Discipline and Commitment to Fair Treatment" He noted that this section currently exists but has been changed for a number of different Items. County Attorney Cuyler stated that the second set of ten pages has been changed to accommodate the new hearing procedure. Mr. Cuyler explained that the last section is a discipline proce- dure which sets up the hearing procedure that was discussed. In response to Commissioner Matthews, Mr. Cuyler stated that his office did coordinate with the Labor Counsel on this subject. He said that the first Item considered is contained in the last paragraph of page 20, which will keep a property Interest from arising In this pro- cedure. He explained that the procedure is set up so that a Hearing Examiner hears the Item and presents a recommendation to the County Manager. He said it is not appealable to the Board of County 85 Page 31 May 17, 1994 Commissioners. He advised that evidence is presented, if the Manager is to overturn a recommendation he will need a reason to do that. Commissioner Constantine expressed concern regarding the cost for Government. He said that if someone has an interest in pursuing a lawsuit a public hearing would be the ideal place to create a record. County Attorney Cuyler commented that this was intended to be ~ubltc in nature. Commissioner Constantine remarked that it would put the County Manager in an awkward position. He said that if the Manager disagrees with the Hearing Officer it could cause a potential liability to the County. Commissioner Norris asked what recourse the Department Heads have now? Tom Whitecotton, Human Resources Director, stated that there is no internal appeal mechanism at this point. Commissioner Saunders stated that an employee is entitled to cer- tain rights before the Equal Employment Opportunity Commission (EEOC) and Federal District Court. He said that this procedure would not change the rulings if a Federal law was violated. In response to Commissioner Volpe, Mr. Whitecotton remarked that the standards of conduct are ~uidelines to be used as criteria used for dismissal. He stated that overall work performance and perfor- mance appraisal would be considered as well. County Attorney Cuyler stated that the purpose of this Resolution is to Give the employee the opportunity to disagree with the findings. Commissioner Volpe stated that if there are no standards of con- duct against which a person is to be measured how can you Go through a hearing process? Commissioner Volpe asked how the elimination of positions in a restructuring process will be addressed? County Attorney Cuyler stated that if a dismissal or disciplinary demotion is the case, this opportunity would be utilized. He stated that if a dismissal is part of a re-organization process this oppor- Page 32 May ]7, ]994 tunlty would not be utilized. Mr. Whitecotton stated that the re-organization process would technically be considered a lay-off not a discharge. Commissioner Volpe questioned the necessity of an attorney as a Hearing Officer. Mr. Guylet stated that was Board direction. He said that a retired attorney or member of the Florida Bar would be more familiar with taking testimony. Commissioner Volpe suggested the use of a mediation program such as those administered by the Courts with volunteer mediators. Mr. Whitecotton pointed out that the resolution gives the option of an attorney or an arbitrator listed with the American Arbitration Association or the Federal Mediation and Conciliation Service. Commissioner Saunders stated that the intent of the item is to provide to the exempt employees the opport-~nity, if they are fired, demoted or suspended for five days or IonDer, to request a hearing to find out why the action has been taken. He said that the Hearing Officer does not necessarily have to be an attorney. He stated that the Hearing Officer would make a recommendation to the County Manager who would still have absolute authority for action based upon infor- mation from the employee's immediate supervisor, but the County Manager and supervisor would have to have a reason to carry out the disciplinary action. Commissioner Saunders stated that the employees should know that they will have an opportunity to hear the reasons for their dismissal regardless of what they have said. He said that the employees will be more willing to express their views. Commissioner Saunders stated that he is not suggesting property interest or expensive procedure. He expressed his desire for a proce- dure to let the employees know that if they are disciplined they have the opportunity to hear why. Commissioner Volpe suggested that the same intent could be accomplished by requiring the County Administrator to provide a writ- Page 33 May 17, 1994 ten report detailing the reasons for the action. Commissioner Saunders stated that the employee would not be able to respond. County Manager Dorrill stated that when this was first discussed it was his belief that it would start at Department Head level and above. He said that this is a full step beyond the type of grievance appeal all other employees are entitled to. Mr. Dorrill stated that the County will be required to build and maintain a record and to compel other employees to testify at a civil trial proceeding. He said that he has been advised that given the nature of the process, that he should be represented by the County's legal counsel. Commissioner Norris asked if there would be a legal problem if a written report was provided? County Attorney Cuyler replied that there is nothing that prohi- bits a written report. Commissioner Norris suggested that the County Manager be required to provide a written report and the employee be given a chance to respond to the report. County Attorney Cuyler stated that the Labor Council would agree to the procedure. Commissioner Constantine stated that would achieve the concept of the exchange of information without the entire process. County Manager Dorrill stated that would resemble the grievance procedure for all the existing employees. The following people spoke on the subject: Frances Barsh George Keller C~issioner Saunders ~oved to approve the Resolutionwhichwould adopt the a~a~dments to the Personnel Rules as presented by the ~&tto~. In response to commiseioner Matthews, County Attorney Cuyler replied that the mandatory iang~age has been made discretionary on the recommendation of the Labor Council, Page 34 May 17, 1994 Co~almmtoner Natthewm seconded the motion. Commissioner Constantine stated that he will vote against the motion because of the costs, the record that could potentially be used in County liability and could put the County Manager and employees in an uncomfortable position. Commissioner Volpe stated that he could not support the motion for the reason that he is not sure of what the purpose is to be served by the process if the County Manager is the final arbitrator. He said that he believes that there is a more direct way of addressing the Issue. He reiterated that if the County Manager Is required to pro- duce a written report, the report will provide a check to the Board that is the purpose of this hearing procedure. Commissioner S~unders and Commissioner Matthews wtthdre~e the ~tl~. t~ O~W ltto~ ~ to t~t a ~ttten statement of the action to ~ t~ ~ the reasons ~y wlll ~ r~lred In the case of dt~ie~l. Co~ls~loner Norris etated ~hat he i8 uncomfortable w~th the retirement of the written report. He suggested that the employee be glven the opportunity to request a written report. ~~i~er S~ders a~eed to ~end his ~otion to r~tre a eitt~ ~at~t at the e~loye'm r~est. ~~i~r S~ders ~ed meconded ~ Co~lssloner ~tth~, to utilize t~ com~ttve l~ge am a~ised ~ the Cuty Attom~, u~ ~t of the e~l~ the C~ty M~ager ~111 pr~tde ~ttten re~ within five ~ym of the dtmclplinaw action ~d all other ~1t~ c~ will ~ deleted. In response to toutsstoner Norris, County Attorney Cuyler stated that the last section of the Executive Summary, No. 0265 will be eliminated or replaced. 0o~tsstoner Constantine clarified that no other policy changes beside the written report are taking place. Page 35 Hay Z7, ~994 Upon call fo~ the question, the ~otlon carried 5/0, thereby adopttn~ l~olutton 94-357. Commissioner Volpe redested that a redraft of the ~rovtston be pr~tded to the Board. County Attorney Cuyler agreed to provide the redraft post- adoption. Page 36 Hay 17, 1994 CO~T~ AND FEES RELATED TO TEE APPEAL OF THE /~I~IFFITH TOIIRIST TAX CASE AND AUTHORIZATION FOR CONTINUED BY OUTSIDE COUNSEL IN FURTHER APPELLATE PROCEEDINGS - !COmmissioner Saunders explained that this item is a request to the additional cost and fees regarding the appeal of the !Griffith case. · ~undera ~oved, seconded by Comissioner Norris, to ~ ~t~o=tz~tton of a~ttto~ costs ~d lucre co~te for v Volpe asked why it was necessary to utilize outside to prepare the ~urtsdtctional brief? Attorney Cuyler reco~ended that Carlton-Fields be retained :e~l~te the next phase of the case. ~ for t~ ~eetion, the ~otton carried 5/0. ESTABLISHING THE COLLIER COUNTY WATER-SEaTER TOWn. ADVERTISED Attorney Cuyler stated that although this item was sche- i'tobe heard at the May 24 1994 meeting It will have to be re- because of an advertising error. County Attorney Yovanovtch explained that according to direction a proposed Ordinance is being presented for Board .Yovanovtch stated that the proposed Ordinance creates an Admt- and Operational Board which is authorized, under a Special ~.powera all currently exercised by the Board of County He said that exceptions are the adoption of rates, of major facilities, approval of the master plan and approval any debt. He stated that an Executive Director position He said that all current County Utility employees ! to the Collier County Water-Sewer District. He Page 37 Nay 17, 1994 that the Ordinance may be amended or appealed by a 4/5 vote. ioner Constantine asked the Board members if there would be in Incorporating a sunset provision or mandatory review? Attorney Cuyler pointed out that there Js a great dif- between the two. [~aatoner Matthews stated that she would prefer a mandatory Volpe referred to Section l, paragraph B. He asked e~ployees would work for? starit County Attorney Yovanovich replied that the employees to the Executive Director. ~e~ponee to Commissioner Volpe, Mr. YovanovAch replied that Code would incorporate the County's personnel rules iasAoner Volpe remarked that the Joard of County Commissioners five members to the Authority in the first instance but comes to replacement of those members the Board can only from the l~st provided by the Authority. .Fasponae to Commissioner Constantine, Mr. Yovanovich stated will be provided for each vacancy. ioner Matthews referred to Section 4, paragraph C. She the ex~erience required is necessary? loner Constantine suggested that three of the positions strenuous requirements and two positions require business loner Saunders suggested that they have water/sewer 'experience or bus~ness experience that is deemed satisfactory. the consensus of the Board that the language in this sec- a~endad. ~ifo21owtng people spoke on the subject: i-~Neron Justyna Ford Keller Frances Barsh ~nse to Commissioner Volpe, County Attorney Cuyler stated Immokalee Water D~lstrict is independent of the Board's Page 38 May 17, 1994 Matthews stated that with the empowerment work that ~n Immokalee within the next few weeks the input from the on changing the Water District will be presented. Manager Dotrill remarked that the Statute is unclear as to ])eftains to the County Administrator. He stated that the Attorney will provide a legal basis because it seems to be in 'l~Ct with the general provisions of Florida law. County Attorney Yovanovich stated that the amendments & ~andatory review provision with a 3/6 vote to appeal, but t~me it is still a 4/6 requirement and the experience ~ents will be discussed further at the public hearing. TO FUND LOCAL HAZARDOUS WASTE (SMALL QUANTITY GENERATOR) l~tO4~JtA~($) WXT~ WATER POLLUTIOw CONTROL PROGI~IM FUNDS - DIRECTED TO PREPARE RESOLUTION REPEALING $28.00 FEE · TAFPTO INVESTIGATE OTHER COUNTIES NOT UTILIZING County Attorney We/gel stated that the Board had if it were legally permissible to utilize funds obtained from of taxes for the Water Pollution Control Program for the Small '~F Generator Local Hazardous Waste Program, which was based upon ~on 92-60? that established and imposed an annual small quan- notification and certification surcharge of $28.00. He :~hat this was implemented pursuant to State mandate and imple- through an agreement with the Tax Collector. iWe~ge~ stated that it is his opinion that the County may use tax monies to pay for this State mandated /verification program. to Commissioner Volpe, Mr. Weigel responded that the charge up to $50.00 annually if the County elects to use as the mechanism to recoup the cost. :eloner Constantine commented that the $28.00 fee program is program. He suggested that the present program be Page 39 Nay 17, 1994 to Commissioner Volpe, Bill Lorenz, Environmental Administrator, stated that the inspections equal the total the program. He said that a slight savings to the County incurred if the fee base system was not used because the Tax would not have to maintain the program. to Commissioner Volpe, Mr. Lorenz stated that the Ilsod for waste water treatment plant inspection program, complaint program and monitoring programs. lioner Constantine stated that he would like to see the O0 fee program be repealed and direct Staff to investigate what Colznttes not using the fees are doing and present their fin- the Board. County Attorney Weigel stated that a Resolution Resolution 92-607 will be prepared for Board adoption. He the County Attorney's Office will contact the Tax and alert him not to move forward with the billing process bring back the contract as an agenda item for ter- ~EAPPOINTINO LIANA BUYSEE AND JOSEPH FRENI TO THE COUNCIL - ADOPTED istrative Assistant to the Board Filson stated that this item to appoint two members to the Tourist Development She pointed out that the Board must appoint one In the cate- and one in the category of non-owner/operator. that the first two names listed in the Executive Summary are ullder owner/operator. Buysee spoke on the subject. tsponse to Commissioner Constantine, County Attorney Cuyler ~hat although Ms. Buysee is a realtor for a company that Tourist Development funds they would not fall into the cate- Page 40 ~a¥ 17, 1994 ~erator. He clarified that if the realtor owns or {the building they may fall under the category, but not under F~'~l~tances as described by Ms. Buysee. Saunders moved to noainate Liana Buysee for reap- Volpe asked if Ms. Buysee meets the qualification of )crater? Attorney Cuyler stated that the Board must make a finding Ms. Buysee's testimony. He said that it is his opinion be sufficient. Saunders agreed to add the finding to his motion. Constantine ~oved to nominate Russell Tuff as the for the T~urAat Development Council. Seconded by Saunders ~ovad to nomAnat~ Liana Buysee for reap- ~ th~ T~ua'Aat Developant Council in the non-o~mer/operator with the finding that she qualifies. Seconded by N~ie. ~! f~ the ~ueetion, the motion carried unanimously, that be ~-eappointe~ to the Tourist Development Council An the ¢mte~or~with the finding that she qualifies, O~n~tantine ~oved that Jerry Thirion be appointed to Dev~le~aent C~uncil in the owner%operator category. 0omLtsaloner Norris. oner Volpe stated that Mr. Frent operates one of the ~aoAlities and As an important part of the Tourist Development ~Aoner Norris pointed out that Agenda Item #gB refers to a ,g the County and Mr. Freni. ,~eAoner Saunders stated that he agrees with Commissioner ~hie ~upport for Mr. FrenA. fo= the ~l~eetion on the floor the ~otAon failed Page May 17, 1994 Volpe, Saunders and Matthews opposed). Volp~ moved to reappoint Mr. Joseph Frent am the ~e~b~r on the Tourist Development Council. Seconded by S~nmders. the question, the motion carried 3/2 {Coltsstoners · ~dNorris opposed), thereby adopting Resolution 94-358. ~oo,~ 000,,~,~ 96 Page 42 May 17, 1994 04-.:B59 RE APPOINTMKHT OF KKMBKRS TO THK AYFORDABL:E HOUSING --. MARK LINDEN AND BUDDY $ALSBURY APPOIRTKD .attve Aestatant to the Board Ftlson stated that this item to appoint two members to fill the remainder of vacant the Affordable Housing Commission due to two members Ftlson stated that Staff recommends Mr. Mark L. Linder and Mr. Natthew~ ~oved, eeconded ~ Contsstoner Sanders to ~ ~rs to the Affordable B~stng Co~tsston as recom- S~f. ~1 fo= t~ ~mtton, ~he motion carried Page 43 May 17, 1994 ENHANCEMENT GRANT APPLICATION FOR EVERGLADES PLA~ - CONTINUED TO MAY 18, 1994 Matthews stated that she requested that this item be the Agenda because of a time constraint problem. .stlan Andrea, Smallwood Design Group, stated that the City of is dedicated to EcoTouriem. He explained that the he is in of applying for ISTEA Grants which are due on May 20, ''' At this tl~, Deputy Clerk Fernlay replaced Deputy Clerk Barbiretti **' Andrea stated that the City of Everglades and Collier County working together to clear the Brazilian Pepper encroachments · 29 corridor to encourage the naturalness of the area. ., Andrea Informed the Board that application is being made for 'grallt funds and must be submitted to the MPO by May 20, 1994. that the application addresses an eight foot (8'} wide path that connects the Vtsttor Center at the corner !,.-% :~'41 and C.R. 29 to the center of Everglades City which will tie ,existing bike path that runs to Chokoloskee. Mr. Andrea ithat construction or reconstruction of rest areas is being pro- C.R. 29 to allow visitors to appreciate the naturalness of ~t'ld Information kiosks will be provided on local attractions. .',Andrea stated that a 100 foot long boardwalk is being pro- it otis of the rest areas located west of C.R. 29 between and Everglades City to allow visitors to tour the waterways ,st In the Everglades. requested that the Board adopt a resolution sponsoring and provide In-kind contributions of approximately He explained that at least ten percent (10~) matching funds in order to apply for the $238,000 grant. He stated y is also being requested to accept maintenance for the three (3} rest areas and the boardwalk. Page 44 May 17, 1994 ,~esponee to Commissioner Volpe, Mr. Andrea replied that in ,..~t%bmit the grant application to the MPO, sponsorship and flx~da m~et be in place. eeloner Norris pointed out that no figure on maintenance has been presented. Matthews informed the Board that if the application ~get submitted in this grant cycle, the cycle will not be ~ again until 1999. stated that very little maintenance cost is assoclated paths. to Commissioner Constantine, Mr. Andrea replied that Ion Services Administrator Archibald suggested that ~00, and labor for the bicycle path would be approximately $5,000 for the rest areas. Matthews pointed out that the $55,000 is more than (10~) for matching funds since the grant request is for ..~Archibald indicated that no dollars are allocated within the materials but the equipment for clearing and preparatory subgrade and base can be completed as In-kind services and the figure of $55,000 was derived. leatoner Volpe stated that at the Friday, May 13, 1994 MPO Bubers were notified that the proposed bike path running '~.SoR, 92 is the only pathway pro3ect that qualifies for ISTEA ~Archtbald stated that there may be two (2) different ISTEA one (1) of which Is already in place requiring needs and another dealing with private sector funding which must show support by the governmental entity maintenance. reiterated that the County Is being requested to .p of the pro~ect, accept maintenance of the improve- an in-kind contribution of at least ten percent (10~). Page 45 May 17, 1994 sstoner Constantine stated that he cannot approve the '[without knowing what the maintenance costs will be, what is with the sponsorship and exactly how long it will be before c~cle will be available again. Matthews stated she would like to see the project Saunders ~oved, seconded by Commissioner Norris and ~~n~l¥, thit this Item be continued to the aeettng of order to secure answers to the questions: 1) does ~ ~n¥ responsibility to funding in the future; 2) what ~ten~nca costs be, and 3) whether this request must be ~edLately or the opportunity is lost until 1998/99. OF TRAnSFeRRING IMPACT FEES FOR SAINT MATTHEWS HOUSE - NO loner Matthews stated that Michael Collins of Saint House contacted her regarding the inclusion of homeless ~nd soup kitchens as conditional uses in the Land Development scheduled for public hearing Wednesday, May 18, 1994. ;ated that Saint Matthews House has not pulled the permit for .on on the Glades Boulevard property due to consideration of :es and concern has been voiced that the $2,600 impact fees time of permitting will not be transferable to another Matthews stated that Saint Matthews House is ~n securing their invested right in the existing property oned if the Board is willing to delay voting on the LDC regarding homeless shelters and soup kitchens if the impact tr~sferable. ~Clark, Acttn~ Development Services Adm~nistrator, stated ~tthews House has obtained site development plan approval tu~es sufficient and substantial development wherein the ~t need not be obtained at this t~me. Page 46 May 17, 1994 Attorney Cuyler stated that in usual situations, he that if the building permit has not been pulled itton of an ordinance by the Board of County Commissioners are no vested rights but the Board has the authority to final decision. He indicated that lmpact fees can be if construction has not started but the permitting costs are Volpe pointed out that at the first public hearing retroactivity was addressed generally and Saint Matthews not need to be isolated. Constantine stated that he is not in favor of the home/ess shelter issue when addressing the LDC amend- mtoner Matthews indicated that she would like a resolution ~eu. ring Saint Matthews House that they are vested and the not going to deny them the right to pull the permit in six Norris pointed out that according to Staff, the ~rset in the Glades Boulevard property by Saint Matthews protected. Matthews stated that the attorney's for Saint House feel there will be a problem. Volpe suggested that Saint Matthews House pull the pay the Impact fees, then there will be no question as to rights in the property. ,']~ewponse to Commissioner Volpe, Mr. Cuyler informed the Board can be filed indicating that construction will not be fo~rd and the impact fees will be refunded. COORDINATION OF THE DOCTOR'S PASS INLET BEACH RENOURISHMENT PROJECT - DISCUSSED UNDER ileeloner Matthews indicated that this item was discussed regarding tourist tax funding. Page 47 Hay 17, 1994 TO VACATE A PORTION OF A TWELVE FOOT (12t) DRAINAGE 011A PORTION OF LOT 15, BLOCK C, OF THE PLAT OF SABAL I~CORDED IN PL&T BOOK 15, PAGE l, OF THE PUBLIC COUNTY, FLORIDA - DEN/ED notice having been published in the Naples Daily News on '~0 alild l?, 1994, as evidenced by Affidavit of Publication filed Clerk, public hearing was continued from April 26, 1994. F~uller, Transportation Engineer, stated that this petition .cont~nuation of the April 26, 1994 public hearing involving of a drainage easement at Sabal Lakes. ~r Volpe indicated that the Board was awaiting an between the affected parties. [41111er stated that written decisions have not been received any of the parties involved. ~Nttller stated that Staff is recommending denial of the pert- and removing the encroachments within the six foot (6') euement of Lot 16. Espostto, Petitioner and property owner, indicated that a received from Transportation Services Administrator tng two (2) recommended options for resolving the Mr. Esposito agreed to remove the encroachments from which will relieve him of signing the maintenance with the Homeowners' Association. Ashton, Assistant County Attorney, stated that Resolution adopted on April 26, 1994 vacating a portion of the on Lot 15 for Henry Rodkin and a maintenance was included with the Executive Summary. She indicated that · spoatto remove hie encroachments from the easement, a agreement between Mr. Rodkin and the Homeowners' will not be necessary and, therefore, has not been etated that the option of rerouting the drainage ,oo OO0 , lOl Page 48 l~ay 17, 1994 '~nother easement to be acquired or removal of the pool and the existing easement area are under consideration by ~lr. Zsposito stated that if he removes his pool deck and eight ) of the pool, the maintenance agreement will not be Services Administrator Archibald pointed out that :ion has responsibility for maintenance of the drainage arid the associated pipe lying within and the County requires ~ ~itten maintenance agreement from the Association accepting try for the reduced easement or from Mr. Esposito responsibility. explained that a civil engineer inspected the place- :he pipe and the probability of potential hazards created by encroachments during excavation, and Indicated that the pool any normal excavating techniques. He reiterated that the pool deck and the required inches from the pool will encroachment and alleviate the necessity for his signing a agreement. ~[rchlbald stated that If the County vacates the two feet (2') moves the pool, the County can operate within the Homeowners' Association is being asked to maintain the Brtnk~an, Attorney representing the Homeowners' indicated that she understood that three options were to Nr. Zspostto: 1) find an alternate drainage facility and existing drainage pipe; 2) enter Into a maintenance ~ld post a cash bond; and 3) removal of the pool completely ~tsttn9 12 foot easement area and void the necessity for the agreement. ~i~'~Brlnl~an stated that the engineer for the Homeowners' indicated that the reduced area will increase the risk If 0oo lo5 BOOKPA~r Page 49 Nay 17, 1994 ed to eight feet (8') and the burden should be shifted to the Coniceisner Matthews indicated that Mr. Esposlto is only what was granted to his neighbor two (2) weeks ago. Ms.' Brinkman explained that the ~ssue was unclear when the two jfeet ~re vacated on Mr. Rodk~n~e ~ot and she understood that the had approved the vacation w~thout the necessity for a ma~n- a~eeBent, possibly over the Homeo~ers~ objection. She t~t when the Association met a week and a half ago, she became that her ~nterpretat~on was not correct. Ms. Brinkman stated :~the Association prefers that Mr. Rodkin enter Into a maintenance re~at~ve to the proximity of h~s pool and air conditioning ~ment to the drainage p~pe and easement. M~.~ Br~ etated that the degree of care necessary to stabS- the earth aro~d Mr. Espos~to~e pool a~d adjacent structure In area ~s not a respons~b~llty the Homeo~ere' Association ~s ~. Ashton etated that the Homeo~ers~ Association currently has fo~ ~a~nten~ce of the easement but the County will repairs on ~ emergency basis w~th the Association re~m- for the expenses incurred. ~'~Mr, Eepoetto stated that he ta willing to remove the encroachment the easement to obtain clear title to the property and obtain financing. stated that an acceptable option (No. 2) presented in his letter dated May 10, 1994 to encroachment applicable to outside four feet (4*) of the easement and ion of appropriate retaining foundation or wall upon approval i.two foot (2') vacation. He indicated that the reason for the 'foundation or wall Is to assure that if the County or Association haa to perform work within the vacated area, .ths possibility of property damage liability Is eliminated. Norris pointed out that Option No. 1 requires Mr. Page 50 Hay 17, 1994 tO remove two feet eight inches (2t8") of the pool because (2t) are not vacated. Constantine Indicated that part of the two feet (2~8") includes pool decking. In' response to Commissioner Norris, Ms. Brinkman replied that if ~spOsito removes all encroachments from the easement that the ~ra' Association will accept maintenance responsibility. Commissioner Natthews questioned If Mr. ~.spostto Is willing to .3.? feet off the pool deck and eight inches (8") off the pool? Espoeito explained that removing 3.? feet of pool decking necessitate removal of the footer for the six foot (6~) privacy ~ired by the Homeo~ers~ Association. ~N=~ Archibald stated that the pool and deck presents an encroach- 0f six feet (6~} of which four feet {4~) will have to be removed .C~ty vacates ~o feet (2~}. He l~:dicated that ~tthin the six ;(6~} easement, 5.~ feet is encumbered by Hr. Espostto~s pool and indicated that he will remove all encroachments from Constantine closed the public hearing. S~undera ~ovsd, seconded by Commissioner Netthews unanimously, t~t Petition IV 92-011 ~ denied ~d that have 60 day~ to couplets removal of the encroachments. Volpe requested that the three (3) girls softball ~1onshtp teams from Barron Collier, St. John Neumann and Igh Schools be officially recognized for their accomplishments. :It ~ the con. ensue of the Board that Staff investigate possible of recognizing all three (S) State championship te~uas for con- the Board. Manager Dorrtll Indicated that the APAC hearing took nine $00K Page 51 Hay l?, 1994 to complete at the Co11:ier County Planntng Commies:ion and pub~l~c hear:ing :is scheduiled to be heard by the Board of t~,(Comm:ise:ioners on May 24, 1994. was tim consensus of the Board to cont:inus or withdraw as ;~ltems u possible froR the agenda for Nay 24, 1994. Comm~ss:ionar Mort:is moved, seconded ~ Co~sstoner Volpe ~d ~~ly, that the foll~lng lte~ ~der the consent agenda ~ a~r~ed ~d/or adopted: ~16A1 ~* OF S~TZOR FOR SIDe. KS ~ SPEED B~S AT TO ~-90-38 JI~,~OLOTION 94-352 RE PRELIMIR&RY ACCEPTANCE OF ZRR,EVOC&BLE ST&NDBY OF CREDIT &S SECURITY FOR ROADWAY AND DRAIRAGE IMPROVEM~NTS FOR ENOWR &S "YACHT HARBOR DRIVE ?..:? :. See Page:~ //'~ :am #16A3 FORMAL BID PROCESS AND APPROVE THE PAYMENT OF $8,160.68 TO 3. D. &ASSOCIATES FOR INTERIOR RENOVATIONS DONE WITH THE DEFELOPMENT OF STZPULATIORS FOR PREPARATIOR 0F ROAD IMPACT FEE CREDIT APPLICABLE TO OAKS BOULEVARD EXTKNSIOR BETWEEN IMMOKALEE AND BONITA BEACH ROAD CO%~l:~ITY CAR~ FOR THE ELDERLY FINAL 1993-1994 GRANT 'See Pages~ AMENDING RESOLUTION CWS-90-11 AUTHORIZING THE ISSUANCE OF COUNTYMATER-SEWER DISTRICT SERIES 1990 BONDS (EAST AND PROJECT} TO ALLOW FOR HARDSHIP PROGRAM ~' See Pages ~ ~tmu~16D2 AND EXECUTION OF TIlE NOTICE OF PROMISE TO PAYAND AGREEMeNT TO PAYMENT OF SEWER IMPACT FEES FOR ENDLESS SUMMER R.V. ESTATES LTD,~ A FLORIDA LIMITED PARTNERSHIP Page 52 Hay 17, 1994 · XECUTZONRE ~ATISFACTIONS OF NOTICE OF PROMISE TO PAY !~ TO ~ PAYML~NT OF MATER AND/OR ~EW~R IMPACT ~S FOR ~ ~0~ A~S, ~N ~ ~~ F~KR, ROBOT ~ ROS~ZK 6D4 LSSZSTANC~ PROGRAM - ASSESSM'I~NT DEFERRALS FOR 1993 ~94-2187 TO POWERCOM, INC. TO SUPPLY AN UNINTERRUPTIBLE ~fEM (UPS) FOR USE IN THE ADMINISTRATION BUILDING IN THE OF $36,961.00 BID ~94-2180 TO COMMERCIAL PLASTICS ~ SUPPLY CORPORATION TO GLASS IN THE AMOUNT OF $17,161.00 AND AWARD BID TO EEMELL DOOR CONTROL TO INSTALL SAID SECURITY GLASS IN THE -JATL IN TH~AMOUNT OF $22,248.00 O~ LEASE AGRKEMEIFT WITH THE UNIVERSITY OF MIAMI FOR ?]LCCOJS~ODATIJ~3 A MODULAR UNIT ON COUNTY-OWNED PROPERTY LOCATHD IN IMMOEALB~ FOR THE SOLE PURPOSE OF OPERATING A RESKARCH AND EDUCATION CARE CENTER FOR MIGRANT WORKERS See Pageo~ 0F MID-Y~J~R AD3USTMKNTS TO GENERA~ FUND BUDGET (FUND 001) FOR MANAOKMKNT PROGRAMS FOR FOUR RECYCLING ROLL-OFF BOXES TO INDUSTRIAL IN TH~ AMOUNT OF 814,640.00 Thio iteta hu been deleted ,'OF 8U~AL AGRKKMENT NO. 7 WITH JOHNSON ENGINEERING FOR KNGINK~RIlqG, ENVIRONMENTAL AND LAND SURVEYINQ SERVICES THE DESTUN OF AN OFF-SITE MITIGATION PLAN FOR THE CR 95! FRO3~CT (CIE NOS. 10 &ND See Pages ,oo 000 , , 109 Page 53 Hay 17, 2994 FOR CONSTRUCTION OF THE HEARING ROOMS/COURT ROOM AT THE COUNTY COURTHOUSE (BID #94-2294) TO WILLIAM J. CONSTRUCTION COMPANY IN THE AMOUNT OF $2g,260.00 See Pages ~ BID d~4-2185 TO FARMERS MANUFACTURING COMPANY, INC.,TO PURCNASE STOI~4WATER PUMP AT VICTORIA PARK UNIT NO. 1 IN THE OF $18,S48.00 ~ANDACCEPTANCE OF A RIGHT OF ENTRY FROM OBERLIN COLLEGE TO UFON'YdAND~ SITUATED IN SECTIONS 28, 29 AND 30 OF TOWNSHIP 50 'RJL!I~F~ 27 EAST, FOR THE PURPOSE OF COLLECTING ENGINEERING AND DATA See Pages ~ OF FOUR MZ34BERS TO SERVE ON AN ODOR CONTROL ADVISORY FOR ~ SOUTH COUNTY REGIONAL WASTEWATER TREATMENT PLANT OF A PROFESSIONAL SERVICES AGREEMENT WITH COASTAL ENGINEBRING INC. FOR THE PREPARATION OF THE CAXAMBAS PASS INLET PLAN IN THE TOTAL AMOUNT OF 8259,543.00 See Pages O~~~ ~~* OF A PROFESSIONAL SERVICES AGREEMENT WITH HUMISTON AND MOORE, ~:TH~ PRKFARATION OF THE CAPRI PASS INLET MANAGEMENT PLAN IN THE OP $274,212.00 SeePages SPA PROFESSIONAL SERVICES AGREEMENT WITH TURRELL AND FOItTH~PREPARATION OF THE CLAM PASS INLET MANAGEMENT PLAN ~TOTALAM00F~ 01 8122,100.00 See Pages~~~~.~ CORI~SPONDENCE - FILED AND/OR RBFERRED following miscellaneous correspondence was ftled and or irred &e presented by the Board of County Commissioners. Page 54 May 17, 1994 1994 PROPOSED ANNUAL BUDGET YOR FUND 253 04-353 RE STATE OF FLORIDA, DEPARTMENT OF REVENUE TO CANCEL TAX CERTIFICATES ON PROPERTIES OM~KD BY THE USA AND LOCATED CYPRESS PIgSKInS, PURSUANT TO SECTION 197,447, FLORIDA See Pages~~ 94-354 RE SATISFACTION OF LIENS FOR CERTAIN RESIDENTIAL '~M~KJ~THE COUJFTYHAS ~CEI~D PA~ ~ SAID ~ ~ ~R ~ ~991 SOLID ~ASTE COLLKCTION ~ ~CI~ ~SKS~S See Pages OF A~ A.~trElq~Ff BETWEEN THE BCC AND LONNIE J. MARTIN, TO TI~ CONDENI~ATION CASE OF COLLIER CO~ VS. ~ ~., ~ ~ AO~~ OF SK~~ 10, 1991 See Pages being no further business for the Good of the County, 'was adjourned by Order off ~he Chair - Time: 5:00 the BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF HY~ON~INE,-CHAIR~N approved !~ the Board on ~,~~__~or as corrected Page 55