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BCC Minutes 05/18/1994 S (Everglades Corridor Management Plan)Naples, Florida, May 18, 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 5:05 P.M. In SPECIAL SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Timothy J. Constantine VICE-CHAIRMAN: Betrye J. Matthews John C. Norris Michael J. Volps Burr L. Saunders ALSO PRESENT: Marilyn Fernley and Sue Barbirettt, Deputy Clerks; Netl Derrill, County Manager; Jennifer Edwards, Assistant to the County Manager~ Ken Cu¥1er, County Attorney~ Richard Yovanovtch, David Bryant, Marjorie Student and RamIre Manaltch, Assistant County Attorneye~ Tom Olliff, Public Services Admtnistrator~ Leo Ochs, Administrative Services Admintstrator~ Tom Whitecotton, Human Resources Director= Wayne Arnold, Acting Site Plan Review Director~ Bob Mulhere, Acting Current Planning Manager~ Jeff Perry, Chief Transportation Planner~ and Rosa Hernandez-White, Collier County Sheriff~e Office. Page 1994 ~M3DEII'D& TO ~1~ AGE]TDA Jennifer Edwards, Assistant to the County Manager, stated that thera is one item to be added to the Agenda, Item #3C, which is a discussion of ISTEA Enhancement Grant Application for Everglades Corridor Management Plan and will be heard first. Me. Edwards indi- cated that this item was continued from the Board of County Commissioners meeting of May 17, 1994. Page 2 May 18, 1994 (24) DISCUSSION OF ISTEA ENHANCEMENT GRANT APPLICATION FOR EVERGLADES CORRIDOR MANAGEMENT PLAN - ENDORSEMENT OF CONCEPT, ACCEPTANCE OF MAINTENANCE AND APPROVAL OF UP TO 855,000 IN MATCHING FUNDS IF IN-KIND SERVICES ARE ACCEPTABLE AS MATCHING FUNDS Christian Andrea, Smallwood Design Group, stated that additional information was requested by the Board of County Commissioners at the meeting of May 17, 1994 regarding the ISTEA Enhancement Grant Application for Everglades Corridor Management Plan. Mr. Andrea stated that the project encompasses an eight foot (8') wide bicycle/pedestrian path that connects the Visitor Center at the corner of U.S. 41 and S.R. 29 to the center of Everglades City which will tie Into an existing bike path that runs to Chokoloskee. Mr. Andrea stated that one (1) rest area north and two (2} rest areas south of Everglades City are being proposed along S.R. 29 to allow visitors to appreciate the naturalheSS of the area and information kiosks will be provided on local attractions. Mr. Andrea stated that a 100 foot long boardwalk is being pro- posed at one of the rest areas located west of S.R. 29 between Carnestown and Everglades City to allow visitors to tour the waterways which exist in the Everglades. Mr. Andrea indicated that removal of Brazilian Pepper trees is also an undertaking proposed in the project. Mr. Andrea mentioned that the question on the cost of maintaining the bike path cannot be answered because no one has completed an evaluation but that coats should be minimal. Bill O~Netll of the Economic Development Council stated that the Everglades Area Task Force and the Economic Development Council sup- port this pro~ect because of the economic importance of the Everglades area to the economy of Collier County. He informed the Board that over S00,000 visitors stop at the Visitor Center each year and the Everglades National Park is the fourth largest tourist attraction in the State of Florida. Mr. OtNeill explained that the development of bike trails has an 05 Page 3 May 18, 1994 immediate and important benefit to the area it services and demonstrates the support of development and growth of the Everglades area. Mr. O~Netll stated that the blueprint for civic action was pre- sented and widespread support from all segments of the community was evident. He explained that the blueprint Included the beautiflcation of the corridor of S.R. 29 from U.S. 41 into Everglades City and this Gateway beautification will be an immediate, visible and tangible stg~ of the economic progress of the area. He explained that the proposed pro~ect will enhance the aesthetics and the bike path will generate more tourism. Mr. O~Neill indicated that this Gateway beautificatton project is in keeping with all the objective for the economic development of the area, aesthetics, environmental and economic. He stated that this ISTEA grant presents a window of opportuntcy to accomplish the project at minimal cost if Collier County gives support to the program and the grant is approved. In response to Commissioner Volpe, Mr. O~Neill informed that the City of Everglades has given support to the project and is willing to be a sponsor. He indicated that the City of Everglades has not been asked to contribute in-kind services for the project. Mike Conway spoke on this item. Jeff Perry, Chief Transportation Planner, stated that the cation iea preliminary step to obtain a public sponsor for the grant. He indicated that maintenance must be guaranteed prior to issuance of the grant in order to assure that once the funds are expended that the investment is maintained. Mr. Perry pointed out that the proposed project is 90 percent outside the City limits of Everglades City and they do not have authority to maintain facilities outside the City limits. Mr. Perry stated that the Board Is requested to becoma a sponsor for maintenance and provide a local share of the cost of the project or ten percent (10~) and d~acusstons with the Florida Department of Page 4 .) May 18, ~994 Transportation are underway to ascertain if in-kind services are acceptable as matching funds. Mr. Perry stated that the application Is due by May 20, 1994 to the MPO who reviews It for consistency with criteria and then submits the application to the FDOT for review and eligibility determination. He pointed out that If the application is found eligible for funds, it is returned to the MPO and processed through a series of meetings with the Pathway Committee, Citizens Committee and the MPO for priority ranking. In response to Commissioner Constantine, Mr. Perry Informed that a decision should be made May 19, 1994 as to whether In-kind contribu- tions are acceptable for matching funds but only $23,000 cash will be necessary to obtain the $238,000 federal grant. Commissioner Matthews indicated that Everglades City is willing to maintain the picnic tables and trash ptck-up in the area, possibly through an interlocal agreement. In response to Commissioner Volpe, Mr. Perry Indicated that Lynn McMlllan Smallwood is the applicant so the application is being sub- mitred by the private sector. Commissioner Matthews stated that she received a letter from Everglades City soliciting support for the project and requesting letters of support be addressed to the local FDOT but sent to Lynn Smallwood for inclusion with the application. In response to Commissioner Norris, Mr. Perry stated that this project does not appear on the County prioritized list of bike paths for improvement because the project was not generated by County Staff but by the Pathway Committee. Commissioner Norris stated he has no problem with acceptance of maintenance because the cost will be minimal but the ten percent (10~) matching funds may prohibit moving forward as quickly on a project on the prioritized list. He Indicated that If In-kind services will be accepted as the ten percent (10~) matching funds, then he has no problem with moving forward with this project. Page May 18, 2994 In response to Commissioner Saunders, Mr. Ferry explained that a number of projects on the pr~orittzed list qualify for state highway funds end do not require matching funds. Mr. Perry stated that the local projects will utilize gas tax monkes, etc. for funding and approximately $75,000 to $200,000 is spent per year by the County to fund pathway construction. CommtssAoner Saunders stated that this grant proposal ts an opportunAt¥ to obtain an addttAonal $238,000 for the bike path pro- ~ects by spending $23,000. In response to Commissioner Constantine, Commissioner Saunders stated that gas tax revenues and ad valorem taxes are available for funding. Commissioner Constantine indicated that he is not willing to spend $23,000 without knowing the funding source. In response to Comm~ssioner Constantine, Mr. Ferry stated that six (6) unfunded bike path projects are on the County list. Co~Asel~ner NorrAs ~ovsd that CollAst Count~ sponsor the bake path pro~ect, u~u~m ~lntsnance for abe and prayAds An-kind only to ~eet the ~atchAng fund requirement contingent upon ln-kAnd services being acceptable ·s ~atchAng funds and Af not ·ccept·ble, a decAsAon on provAdAng 823,000 c·sh In ~tchtng funds wall be dAscussed at · later date. Seconded b~ ConAssAoner Volpa. Commissioner Matthews st·ted that the beat use of manpower and equipment will be ComAseisner NorrAs a~ended has ~otAon to Include up to 855,000 of An-kAnd services to be provided. Co~AssAoner Volpe Banded second. Upon call for the question, the sotAsh carrAsd unanimously. (1346) IteB ~3A ORDINANCE NO. 94-2~ AMENDING ORDINANCE 91-102, THE COLLIER COUNTY LAND DEVELO~ CODE BY AMENDING AND PROVIDING FOR CERTAIN ARTICLES AND SECTIONS - ADOPTED WITH CHANGE Legal notice having been published In the Naples Dally News on April 22 and 29, 1994, as evidenced by Affidavits of Publication filed 08' Page 6 May 18, 1994 with the Clerk, a public hearing was opened. Wayne Arnold, Acting Site Plan Review Director, stated that he will be presenting changes that were requested at the first public hearing held May 4, 1994. Mr. Arnold Indicated that Staff was directed to Include homeless shelters and soup kitchens as conditional uses tn all commercial and industrial zoning districts. Mr. Arnold explained that the fence height for amusement areas at fast food restaurants is required to be five feet six Inches Mr. Arnold stated that the Chokoloskee Island subdivision exemp- tions have been changed as requested by the County Attorney's Office to clarify notification procedures for access. Mr. Arnold pointed out that changes were made to the vegetation removal section relative to Indian removal of palm fronds wherein proper Identification is required in order to clear vegetation. Commissioner Saunders pointed out that a change was requested to the restriction on harvesting for commercial purposes. Mr. Arnold stated that Staff clarified the point that the Indians can clear for commercial purposes. Mr. Arnold Indicated that Staff modified the definition of home- less shelters, added a 24 hour supervision requirement and modified language clarifying that counseling will be a referral type program. The following people spoke on th~e Item: Barbara Cawlay Ktm Kobza Mr. Arnold Indicated that the Ground Water Protection Ordinance carl be modified without changing the Land Development Code because of Incorporation by reference only. Richard Yovanovlch, Assistant County Attorney, stated that the concern with the Chokoloekee Island issue was that technical deed imperfections would affect conveyance between parties. Commissioner Matthews explained that notice is being given that Collier County will have no legal liability to maintain private roads. Commissioner Saunders questioned if adoption of the amendments as Page 7 Hay 18, 1994 outlined regarding homeless shelters will preclude the Board of Trustees for Saint ~atthews Rouse from moving their planned facility to another location as long as a conditional use is approved? County Attorney Cuyler indicated that as long as a conditional use is granted, Saint Hatthews Rouse will not be prohibited from relo- cating their planned facility. Commissioner Constantine closed the public hearing. CoBrAseisner Yelps moved, seconded by Conissioner Herrio and carried unanimously, that Ordinance No. 94-27 be adopted with the addition of the Chokoloekse Island revisions presented to the Board thio evening, and entered into Ordinance Book No. 66. (2050) Iteu PRESKJFTATION R~GARDXNO THE CREATXOR OF THE COLLXKR COUNTY HUMAN RIGHTS CO~OiISSIOH - NOT TO BE CREATED County Attorney Cuyler clarified that this is an advertised meeting but no legislation is before the Board. Melinda Riddle, Hispanic Affairs Advisory Board, stated that the Hispanic Affairs Advisory Board and the Black Affairs Advisory Board are making this presentation to request that the Board create a Human Rights Commission. She Indicated that the Boards have been working with other civic groups for two (2) years on this project and feel that the proposal is fair and necessary for Collier Oounty. Ms. Riddle stated that the Human Rights Commission is necessary to ensure all citizens in Collier County are afforded equal oppor- tunity in employment, public accommodations, housing, accessibility and the provision of services. Ms. Riddle indicated that the objectives of the Human Rights Commission are to insure equal opportunity and nondiscrimination con- sistent with Federal and State law in the public and private sections of Collier County; to recommend ordinances which would prohibit discrimination based on race, color, religion, national origin, sex, disability, marital status or age; to provide a centralized vehicle for effectively anticipating, preventing and resolving intergroup Page 8 Nay 18, 1994 problems; to act as a liaison to organizations representing nprotected groups;' to provide technical assistance to private sector employers and business relative to compliance with nondiscrimination law; to reduce the occurrences of ethnic and racial unrest, State and Federal Administrative actions regarding allegations or discrimination and provide professional help and resources when such instances occur; to provide an educational program to all elements of the community regarding compliance with the County, State and Federal antidiscrimi- nation laws; and to provide a centralized resource for administration of the American with Disabilities Act. Commissioner Saunders stated that other programs in other Counties have been evaluated and a budget of $130,000 per year for three (3) people has been requested. He questioned If additional costs will also be involved? Ns. Riddle indicated that the proposal has included all the costs associated with the program. In response to Commissioner Volpe, Ms. Riddle stated that housing and emplo~qnent complaints will be handled by the Human Rights Commission. She indicated that the local agency will screen complaints to assure legitimacy. Ms. Riddle explained that the program will be countwide and will address both the private and public sectors. Commissioner Volpe voiced concern with duplication of efforts among governmental entitles. Ns. Riddle stated that the Human Rights Commission will work toward coordinating efforts throughout the County. Commissioner Saunders Indicated that Collier County cannot require other governmental agencies to participate without an inter- local agreement, Ns. Riddle pointed out that the community looks to the Board of County Commissioners as leaders and is important that the County take the leadership roll by adopting an ordinance establishing the Human Rights Commission. Page 9 Hay 18, 1994 Commissioner Saunders explained that the Human Rights Commission will simply apply existing State and Federal law relating to discrimi- nation relief. He questioned what enforcement mechanisms are available once the Rights Commission hears a case? Ms. Riddle Indicated that most Human Rights Commissions handle the initial investigation and, hopefully, settlements are reached before going any further but the individual has the option of going to court if a resolution cannot be reached. In response to Commissioner Saunders, Ms. Riddle indicated that the Human Rights Commission has the option of going to court for reso- lution of a complaint depending on how the ordinance is written. Doug Wilson, Florida Rural Legal Services, etated that he does not believe the County should get involved in enforcement by court action because of the expense and time involved. He explained that the community is notified by adopting an ordinance establishing the Human Rights Commission that discrimination will not be tolerated in Collier County. Mr. Wilson indicated that the school board does not want to get involved tn social rehabilitation of family and young children and the expulsion and drop out rate is largest among minorities. Mr. Wilson stated that Collier County discrimination in Collier County is very real and needs to be addressed. He explained that racism finds its source in fear and the human race has not learned how to civilize our minds. In response to Commissioner Volpe, Mr. Wilson stated that he constantly has to remind citizens of Collier County that State and Federal regulations exist against discrimination. Mr. Wilson stated that State and Federal discrim~nation laws require a minimum of 15 employees before a complaint can be filed and does not protect many of the employees ~n Southwest Florida because of the numerous small businesses. He explained that a local ordinance is necessary to protect the unprotected. In response to Commissioner Saunders, Mr. Wilson answered that Page May 18, 1994 discrimination should be made a criminal violation if the Board has the authority to do as and civil relief by a private right of action should also be included in the ordinance. Commissioner Saunders pointed out that an attorney will have to be hired to compel compliance to the ordinance through the courts. Mr. Wilson indicated that the Florida Commission on Human Rights has been able to alleviate the bottleneck in a huge number of cases with the Equal Employment Opportunity Council and any local effort will assist in alleviating the case load also. Tape #2 Mr. Wilson stated that Individual attention to a complaint is impossible due to case load and most times communication with an EEOC investigator will occur maybe once during the history of a complaint. He Indicated that not one (1) complaint he has filed with the BEOC has been returned with a positive finding because once there is a finding of discrimination the EEOC to subjected to the enforcement issue. Mr. Wilson explained that discrimination In employment is common especially in the farm working environment. Mr. Wilson stated that the advantage a local agency can bring to the process, especially working In tandem with the State agency or EEOC, is to have an investigator to assess the discrimination which will greatly enhance the process of assisting the cases through the system without having any enforcement authority. He explained that a County ordinance allows local negotiation with businesses to resolve a discrimination complaint. $enntfer Natr stated that she has experienced discrimination tn employment due to her physical disability and something needs to be done. She indicated that upon notifying a prospective employer that she to present to apply for a position, she has been told the position Is filled but then calla back a couple days later and is told the position Is still available. Commissioner Constantine questioned tf a complaint has been flied with either the State or Federal agencies that are available? Page May 18, 1994 Ms. Nair answered negatively and explained that she did not know how and has been involved in a personal court battle for a year and a half. Ms. Nair Indicated that the filing of a discrimination complaint is time consuming, takes patience and money along with being very stressful. Garrett Anthony explained that two (2} gentlemen were told at the Sports Connection Lounge in Golden Gate that they could not enter because a private party was in progress. He stated that the bouncer called the police when the men entered the club anyway and the police report indicated that the owner did not want blacks in the establishment. Mr. Anthony indicated that he and Willie Brice attempted to enter the establishment at 9:00 PM on a Friday night but they were met at the sidewalk and told that a private party was in progress. In response to Commissioner Constantine, Mr. Anthony replied that the first two (2) gentlemen reported the incident to the appropriate agencies. Ronald McElrath, Executive Director of the Florida Commission on Human Relations, stated that he commends this community for being com- mitted to improving the quality of life. Mr. McElrath pointed out that under Florida Statutes, Chapter 760, the powers of the Commission and operation thereof is covered and one (1) of the powers is to promote the creation of, and to provide continuing technical assistance to, local commissions on human relations and to cooperate with Individuals in State, local and other agencies, both public and private, including agencies of the Federal government. He Indicated that the Commission is also to pro- vide technical assistance requested by persons to facilitate programs of human relations. Mr. McElrath stated that the Florida Commission on Human Relations in 1969 to 1977 was a good neighbor council dealing with human relation problems and in 1977 the law regarding employment discrimination was established and became the Florida Human Rights Page 12 Hay 18, 1994 Act. He etated that in 1983 the 1977 law was amended to Include fair housing and In 1989 additional amendments to the fair housing act were established. Hr. HcElrath indicated that in 1992 major amendments to the Civil Rights Act were made that included housing, employment, public acconmodattons and private clubs. Hr. HcElrath related that Florida cases have been sent to other states for investigation which decreases The opportunity for a thorough investigation or To negotiate settlements between The parties involved. Hr. HcElrath indicated that the Commission is able to resolve complaints prior to a determination being made b~ other agencies because the Two (2) parties have had an opportunity to air grievances. Hr. HcElrath stated that the last agency To receive funds from the EEOC in Florida to subsidize investigations of employment discri- mination was The City of Tampa approximately two (2) years ago. He explained that most local communities set up commissions and provide funding but after a track record is established, Then financial assistance from Federal agencies can be sought. In response to Commissioner Volpe, Mr. NcElraTh explained that his office is located in Tallahassee with 43 employees with a local office in Orlando with two (2) investigators for eight (8) counties. $$e At thim ti~e D~put~ Clerk Barbirett! replaced Deput~ Clerk Fsrnley See Hr. McElrath stated that if the County adopts an Ordinance The County would be enforcing its own Statute. Conisstoner Volpe noted that there are 67 Counties in the State. He asked how many have Their own Human Rights Commissions? Hr. McElrath stated that approximately 10~ have their own Human Rights Commission. In response To Commtsaloner Volpe, Mr. McElrath stated that The present budget for hie office is $1.? million. In response to Commissioner Saunders, Mr. McElrath replied that there are no State funds available at this Time. He said that The U.S. Department of Urban Development has the greatest potential for Page 13 May 18, 1994 identifying funds. He said that the Equal Employment Opportunity Co,lesion (EEOC) has decided not to offer any new contracts at the present time. In answer to Commissioner Volpe, Mr. McElrath replied that approximately 1/3 of his budget is funded by the Federal Government. In response to Commissioner Volpa, Mr. McElrath indicated that whenever any discrimination takes place in the State of Florida, it is a violation of our Statute. He said that because a work sharing agreement As in place, the State is divided up. He stated that the Co~uzlsston handles some portions and the EEOC will handle. He said that understaffing is a problem for both agencies. In response to Coutsstoner Saunders, Mr. McElrath agreed to for- ward six sets of printed tnfor~ation on his Agency to the Board of County Co~tsstoners. In response to Co~tssioner Volpe, Mr. McElrath indicated that the State Hispanic Advisory Commission does studtee throughout the State on issues that are related to Hispanics. He said that they meet periodically to share information. Ns. Riddle Introduced Mr. James Yates, Director of the St. Petersburg Human Relations Department. Mr. Yates stated that he supported the proposal. He indicated that he did not try to develop an Ordinance in a vacuum. He stated that the Chamber of Commerce, NAACP, Interdenominational Ministerial Alliance, Board of Realtors, and local businesses were notified and their Input considered. He said that it resulted in a great accep- tance of the Ordinance. Mr. Yates reported that he has a staff of 14 employees, with a budget of $680,000.00. He said that they handle employment, housing, and public accommodation discrimination. Mr. Yates advised that It would be possible for Collier County to obtain Federal funding over a period of time. He said that the real advantage of Collier County having its own agency would be that the County would control it themselves. 16 Page 14 Nay 18, 1994 Zn response to Conuatsstoner Saunders, Hr. Yates stated that St. Petersburg has a Human Relations Review Board which ts a conlsston appointed by the City Council. In answer to Commissioner Saunders, Hr. Yates confirmed that his agency has a formal hearing process with loca! attorneys that volunteer as Hearing Examiners. He said that when it has been deter- Lined that the Ordinance has been violated the case is set for public hearing. Contsstoner Saunders asked what percentage of the total budget was dedicated to the hearing process and whatever enforcement action Lay be Involved? Mr. Yates stated that all of the hearing process Is voluntary. He said approximately 15 cases are heard annually. He confirmed that the recording fees, transcripts, etc. are the only costs Incurred. In response to Coeu~tsstoner Volpe, Mr. Yates explained that his staff consists of five Investigators, four deal in employment and one in housing. He said that the remainder of his Staff handle the Clty's Minority Enterprise Program and the Clty'a American's with Disabilities Act Program. He stated that the population of St. Petersburg is 245,000. He Indicated that they also have an agreement with Plnellas County to enforce a portion of their discrimination problems. He stated that the total of the population under his Juris- diction would be approximately 700,000. In answer to Commissioner Saunders, Mrs Yates stated that approxi- mately 30 to 40~ of all the complaints are found to be valid. Mr. Yates commented that out of the approximate 150 cases, some settle, some request right to sue and pursue Federal Court themselves, some pursue State Court. In response to Commissioner Saunders~ request, Hr. Yates agreed to forward the Annual Report and a Copy of the Ordinance to the Board of County Co~lsstoners for their review. ell Recessed: ?:30 P.M. - Rsconvsned~ ?:35 P,Mo see Robert Rsece, Compliance Director of Pinelias County, stated that Page 15 Nay 18, 1994 the Ptnellas County Office of Human Rights has been in operation since 1987o He said that it was initially established to conduct internal equal employment opportunities in the County and monitoring Affirmative Action. He reported that in 1994 they adopted a Human Rights Ordinance with enforcement powers to enforce equal employsent opportunities, fair housing and access to public acco~modations. He said that this has enabled the County to handle equal employment mat- ters in house. He stated they have resolved 95~ of such complaints without extensive Investigation. He said that the office also offers technical assistance to American with Disabilities Act (ADA). He reported that all this is accomplished with a staff of seven people. Co~lssioner Constantine asked Nr. Reece to explain the rela- tionship between the St. Petersburg Association and Pinellae County? Nr. Reece explained that in 1994 when the Ordinance was adopted there was already in place a City Ordinance tn St. Petersburg and Clear,eater. He stated that in order to avoid duplication of effort an Interlocal Agreement was developed where the two cities processed complaints within the northern half of Clearwater and the southern half of St. Petersburg. He said that his organization has provided funds to both cities. He stated that his office would be happy to provide copies of the Ordinance establishing his office and the Human Rights Ordinance. In response to Commissioner Volpe, Nr. Reece stated that the Human Rights Ordinance addresses employers with 8 employees or more. Co~iseloner Volpe asked Nr. Reece if he had a working agreement with the Federal or State Government for employers with 15 or more employees? Nr. Reece stated that an agreement of that tYl~e is unnecessary because of the way the Ordinance is structured. Nr. Reece explained that if a local agency gets a complaint first they are mandated to dual file with a Federal agency and vise versa. ~n response to Commissioner Saunders, Mr. Reece stated That his agency is still operating under a consent degree from the Federal Page 16 Nay 18, 1994 government and the Affirmative Action Program. Commissioner Saunders stated that he would be opposed to the establishment of an Affirmative Action Program In Collier County unless mandated by the Federal Government. In response to Commissioner Norris, Mr. Reece confirmed that his office la a County Government department. He explained that his department reports to the Board of County Commissioners and eleven other officials such as the Chief ~udge, Sheriff, Tax Collector and Supervisor of Elections. Ns. Riddle Introduced Mro Henry Trfbble, Chairman of the Black Advlsor~ Board. Mr. Trtbble stated that various themes have been presented tonight. He requested that the Human Rights Commission be established and fund Its Staff to provide a systematic approach for research, education and training within the community in an effort to work together to reco~end Ordinances patterned along lines bene- ficial to Collier County. Mr. Trlbble stated that the Human Rights Conicston should be comprised of a broad base of members of the community. Contse~oner Volpe stated that the proposal presented calls for s commission to be established to focus on the Issues being discussed this evening and would come back with recommendations regarding speci- fic Ordinances. He said that he perceives this proposal to be a con- solidation of the Black and Hispanic Advisory Boards into a permanent coeuatttee funded to follow the mission undertaken by the Black and Hispanic Advisory Boards. Mr. Trtbble replied that in a short period of time recommendations would be ~ads for enforcement Ordinances for this agency to have. He stated that 29 organizations have endorsed the proposal along with the Supervisor of Elections who endorsed the proposal by letter today. He said that there is a broad base of representatives from the community who endorse this proposal. Nro Trlbbls stated that one of the misconceptions of a Human Page 17 Nay 18, 1994 Rights Comuieston is that it would only affect Hispanics and Blacks. He said that the majority of people who will benefit In Collier County will be white females. He said that by proposing coverage for disabi- lity the elderly population will be effected. He reported that from October 1, 1992 to September 30, 1993, the largest number of complaints under Title Seven in the State of Florida, were complaints of sexual discrimination not race or national origin. Be stated that the second largest number of complaints were age discrimination, then races Couulsstoner Volpe referencing the information included in the Executive Summary, stated that the average processing time for all charges In the Ntasi District Office for the period of time October 1, 1992 to Hatch 31, 1993 was 240 days. Co~t~lsstoner Norris referring to the Executive Summatyre list of protected groups, asked if there are any ~'oups that are not protected? Hr. Trlbble stated that protected groups have been identified as significantly effected by discrimination. He said that everyone is protected from discrimination. Couisstoner Norris commented that the chart depicted on page 5 of the proposal does not include white males, 18 - 40 years of age. Hr. Trlbble replied that page 2 of the proposal states that all citizens in Collier County will be protected. Tape #3 Commissioner Volpe noted that Lee County had 398 inquiries since 199! that were made to the State Commission of Human Rights, He asked what number of charges were filed locally that ended up being dealt with by State or Federal Government? Hr. Trtbble stated that dual filing is a Jurisdictional Issue, therefore it is difficult to ascertain figures. Commissioner Volpe stated that he was trying to get an appre- ciation of the program established in Lee County. In response to a comment made by Commissioner Saunders, Hr. Page 18 May 18, 1994 Tribble clarified that the proposal Is not a request for an tfftrmatlve Action Program. He stated that the proposal is a request for a mechanism to deal with discrimination and equal opportunities throughout Collier County. Commissioner Saunders stated that a report submitted by the Labor Council indicates that the proposal advocates Affirmative Action. He said that their opinion states that the recommendations contained in the proposal if adopted would subject the County to liability. Commissioner Volpe asked if there would be any purpose in exploring a cooperative effort with Lee County? Mr. Trlbble replied that there are some geographical disadvantages to that suggestion. He said that there is precedent for Joint com- missions for cities and counties, time and logistical constraints may hinder complainants. John Ortega, representing the Htspanfc qdvtsory Board, explained Attachment L, which is the proposed cost estimate of a Human Rights Commission. He said that Phase 1 addresses the remainder of this fiscal year, Phase 2 is the annual operating basis. He said that start up costs are included in Phase l. He stated that start up costa Include training costs and office equipment. He explained that the operating budget Include costs that are generally allocated on an annual budget. He stated that he believes that the costs are in line with the rest of the State. In response to Commissioner Volpe, Mr. Ortega stated that the training for staff would Include base training in the laws that are being discussed tonight. In response to Commissioner Volpe, Mr. Trtbble confirmed that the budget for the Lee County program is well over 8200,000.00. At this time, the following people spoke: Francis Wanzie Myra Shapiro Victor Valdes Jeanne Brooker Frank Rodriguez see At this time, Deputy Clerk Fernlay replaced Deputy Clerk BarbirsttI see Tom Macchin Kate Maaa-Zlchella Bob Krasowskt Gilbert Erllchman Frances Barsh Jane Varner Page 19 Hay 18, 1994 Kenneth Runt Albert Lee Larry Word Herbert Cambridge Ns. Riddle Indicated that the Proposal for the Creation of the Collier County Human Rights Commission document as written need not be adopted but the Board is being requested to direct Staff to draft an ordinance creating the Commission. Ns. Riddle stated that no one serving on the Black and/or Hispanic Advisory Boards Is Interested In the paid positions required to operate the Human Rights Commission. Commissioner Hatthews stated that the concept should move forward but not In the form as presented. Commissioner Saunders thanked the Black and Hispanic Advisory Boards plus all the out-of-town speakers and public speakers for their Input and attendance. Commissioner Saunders stated that compulsion to curtail discrimi- nation is necessary but the Board must move cautiously. He indicated that he Is opposed to affirmative action or quota programs but a program similar to the existing program in Escambta/Pensacola Counties with a Human Rights Commtsalon and limited Jurisdiction may be the Commissioner Saunders pointed out that an Interlocal agreement between the County and other local governments/agencies is necessary to assure compliance with any ordinance and would enable participating agencies to make recommendations regarding findings of discrimination to the appropriate State and Federal agencies. Commissioner Saunders suggested that Staff compile Information presented tonight to enable the Board to evaluate the structuring off a discrimination program. Commissioner Norris stated that discrimination should not be tolerated but conclusive evidence warranting creation of a Human Rights Commission has not been presented. He Indicated that basic services are provided by Collier County to the citizens but social responsibility ts a ma~or philosophical change In the scope of Page 20 Nay 18, 1994 government. Coalseisner Norris pointed out that only six or eight (6-8) counties out of 67 in Florida have a Commission to address discrimination problems. Commissioner Folpe stated that creating a commission for human rights Is not necessary at the local level because of the duplication of efforts already being performed at the State and Federal levels, He Indicated that education will provide sensitivity and awareness for addressing the discrimination Issue. It was the consensus of the Board not to accept as an official domt'the foundation document created by the Advisory Hoards as ~rounds for · ~ Rights Conlesion. Centsstoner Saunders stated that the Hoard of Co~ty Co~tssloners is the only body the citizens can approach to discuss ~d create a Human Rt~h~s Co.lesion and the Issue needs to be eva- luated further. C~i~i~ Sa~der~ ~ved, ~econded ~ Co~tssl~e~ Martha, t~t Staff ~ directed to acelate the tnfomtton presented to the ~vd t~lght for f~ther r~t~ ~d within 60-90 days Staff to re~rt ~ h~ a pro~ c~ ~ st~c~ed, wither creating a ~ Rights Coulssla, tnco~rattng the eight (a) Objectives set forth as ~lblt I of the h~atlv~ SsU, Coutsstoner Volpe ~esttoned If information from the six (6) counties ~tth discrimination programs and the State of Florida on h~dllng and establishing a Human Rights Co.lesion ~111 be collected for further review by the Hoard? Cstslta~r S~d~rs ~ended his sotion to Include collecting lnfostt~ fr~ the six (6) c~ttes ~lth existing proem ~d the [rate of llort~ for further r~t~ ~ the Hoard. Coutsslone~ ~tt~ ~d~ her second. Coutssioner Constantine stated that he Is not convinced that a H~ Rtghts Couisston is necessary now. He indicated that ~echa- ntsms exist locally as well as at the State and Federal levels to address the discrimination effort. Page ~&¥ 28, 2994 Voll~e, Constant/he and XorrLs ol~posed). CLERK BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF approved by the Board on eni!ed,~.~ or as corrected Page 23