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BCC Minutes 04/19/1994 RNaples, Florida, April 19, 1994 LET IT BE REMEMBERED, that the Board of County Commissioners tn and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(e} 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 Naples, 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: Ellis Hoffman and Marilyn Fernle¥, Deputy Clerks~ Neil Dotrill, County Manager; Jennifer Edwards, Assistant to the County Manager; Ken Cuyler, County Attorney~ Hamits Manaltch, Assistant County Attorney: Mike McNees, Acting Utilities Administrator; Tom Olliff, Public Services Admtntstrator~ Tom Conrecode, Office of Capital Projects Management Dtrector~ Dick Clark, Acting Community Development Services Admtntstrator~ Bob Mulhere, Acting Current Planning Manager~ Mike Smykowski, Acting Budget Director; Ron Jamrs, Museum Dtrectorl Deputy Rosa Hernandez-White, Sheriffle Offtce~ and Sue Ftlson, Administrative Assistant to the Board. Page April 19, 1994 Tape #1 Item ~2 AGEIrDA -APPROVEDNXT~ CHA.~ES Coaateetoner Norrle Bored, eeconded by Coaa/eetoner Volpe and carried unaninousl¥, to approve the agenda with the changer ae detailed on the Agenda Change Sheet, and the following additional Item #gA - Point Marco parking lot settlement discussion - Continued to 5/3/94. Item #9B - Update re Tourist Tax Case - Added. Item #16H9 Moved to #8H4- Recommendation to approve a Supplemental Agreement for final design and permitting ser- vices for Vanderbilt Beach Road four-laning improvements CIE Project No. 023 - Continued to April 26, 1994. Page 2 .~.. April 19. 1994 ' (L3e) Itel ~2A CONSENT AGENDA - APP~0FED AND/OR ADOI'T~D The ~otton for approval of the consent agenda ts noted under Itel #16 · Itel ~3 MINUTES 0FTHE BUD~TWORKSHOP 0FMARCH 21, 1994, KEGULARME~TZNG OF MARCH 22, 1994, BUDGET WORKSHOP 0FMARC~ 23, 1994 AND STRATEGIC PLANNING NORKSHOF OF MA.RC~ 29, 1994 - APPROVED carried unanimously, to appr~e the Nlnute~ of the ~dget Wor~p of ~rch 21, 1994, ~rch 23, ~994 ~d Strategic ~lng Wet.hop of ~rch 29, 1994. Itel ~4C U,S, FISH ~ ZN ~ ~0~ OF 856,035 - &CCE~D Jim Krakowski, Manager of the Florida Panther National Wildlife Refuge, presented the Board with a check in the amount of $§6,03§. He explained that the check is the result of lands acquired and fees for same collected by the Fish & Wildlife Service. Mr. Krakowskt reported that under the Refuge Revenue Sharing Act, the County receives annual revenue payments based on a number of fee- owned acres. He indicated that that this ¥earfs check represents ??.8 percent of the total entitlement. The Board thanked Mr. Krakowski and accepted the check. (22~) Item EMI~OYEE SE]t~ICE AMARD - PRESENTED TO ROBERT ¢. Commissioner Volpe congratulated and presented Robert C. Gruber of the Utilities/Wastewater Division, with an Employee Service Award for five years of service with Collier County Government. (2~0) Itel PROCLAMATION DZSIGNATINO APRIL 17-23, 1994, AS COLLIER COUNTY VOLUIFT~ER WgKK - ADOFTED Commissioner Saunders etated that the volunteers in Collier County make governmental 8erv~ces work for the people of Collier County. He remarked that the volunteers provide long hours of dedicated service to the citizens of Collier County. Upon reading of the proclamation, Coma~soAoner Saunderl tsconded by Con~ssioner Mattheww and carried unan~ouslF, that the Proclamation des~nat~ng April 17-23, ~994, u Collier Countv Volunteer #sekbe adopted. Commissioner Saunders presented Proclamations to: E. T. BrAsson, representing the Adopt-A-Road Program Suzanne Foster, representing the RSVP Program Wynn Somers, representing the 4-H Program Commissioner Saunders acknowledged Audrey Johnson and Mary Leon, who were not An attendance, for their volunteer work w~th the Program. Page 4 1994 ¢3s8) ZteB ~4B2 FROCLAI~TZON DZSZC31LiLTZNG AI'XZL 19, 1994, ~S GZORG'Z XZNZY~RSOND~Y IN COLLIe COUNTY - ADOFTZD Commissioner Saunders stated that Mr. George Henderson, along with many other volunteers, exemplifies the best in the volunteerism of citizens in Collier County. He advised that Mr. Henderson began serving as a volunteer in Collier County over 20 years ago. He recalled that the Board of County Commissioners designated November 15, 1988, as George Henderson Day, because he had completed over I5 years of volunteer service. Commissioner Saunders announced that tn addition to volunteering in Emergency Services during any natural disasters, Mr. Henderson also spends approximately 15 hours per week volunteering at the City of Naples. He noted that City Manager Woodruff is also present to honor Mr. Henderson. Commissioner Saunders extended special thanks to Mr. Henderson for his 20 years of volunteer service. Commissioner Saunders revealed that it is appropriate to recognize and designate April 29, 2994, as George Henderson Day in Collier County. Co~Lssionsr Norris mo~ed, meconded b~ Co~mLmaLonmr Volpe ILnd c&rried unlnimovJl¥, th&t the ProclmtLon design&ting Apr1! 19, 1994, am Georg~ Benderson Ds? Ln Co,lief County, be idopted. Page · .;i.~. April 19, 1994 Ztem ~S BUDGET ~$ 94-329; 94-331 AND 04-335 - ADOPTED Acting Budget Director Smykowski requested Board action on Budget Amendments 94-329, 94-33! and 94-335. Couiss~ons~ Matthew~ Bovid, meconde~ ~ Cou-tsltone~ Noz'rll ~d c~rted ~L~y, that ~dget ~~nts 94-320, 04-331 ~d 04-335 ~ ~opted. X~EI There were no questions or comments cited with regard to the Clerk's Report. ( 9o) RICHARD L. KLAAS ~ BILLING FOR COUNTY NATE~ - ~ELIEP (~ANTED TO FETITIONE~ ~ADJUSTING RATE FE~ (h~LLONS AND TE~MS OF PAYMENT OVE~A PERIOD OF TIME Attorney Dudley ~oodlette, representing Richard Klaas and the Miramar Beach and Tennis Club recalled that on April 5, 1994, he explained to the Board that there is an obvious discrepancy in the invoice for the irrigation meter. He reported that approximately $9,000 of water has run through the system, and noted that this could not have been used by his client. He requested that his client be relieved from the obligation to pay this bill. County Manager Dotrill advised that a confirming report and the account is valid. He indicated that staff pulled the meter and a bench test was performed which revealed 99.6~ accuracy. Mr. Dotrill stated that a survey of other urban type utility systems has been completed to determine whether there is a mechanism to waive or adjust a bill. He noted in general, there is no mechanism in this regard, however, in Indian River County adjustments can be made. County Manager Dotrill explained that staff is recommending that Page 6 April 19, ~994 the Board recognize that the meter ts correct and water did pass through the meter. He announced that it does appear that there was theft associated on the Miramar e/de of the meter wh/ch accounts for the very high and unexplained bill, He remarked that staff is suggesting that some type of terms be arranged to allow the petitioner the opportunity to pay the bill over a period of t/me. Mr. Goodlette stated that the h/story of the meter, as reflected on rage ? of the Executive Summary, indicates that all invoices have been paid from the date the Club opened. Re pointed out that the Club d/d not obtain a C.O. until 60 days after the first of these invoices and the facility was not opened for bUS/hess until a date after these invoices. Commissioner Volpe stated that it appears that the theft occurred on the owner's side of the meter and there is a cost associated with same. He questioned whether the loss will be absorbed by all the uti- lity customers. Mr. Derrill explained that the utility system has excess revenues over the expenses, as the result of trying to control costs. He suggested that as opposed to applying this amount to the other rate users, money from reserves could be utilized to adjust the bill. Commiss/oner Norris stated that regardless of whether there was a theft or valve was left open, it is not the County~s responsibility to forgive this bill. Commissioner Saunders related that the County should not and can- not assume the respons/bility for theft of water. He c/ted that th/s is a situat/on where something has happened wh/ch /s unfair to a par- ttcular owner and suggested arriving at a compromise in this regard. Acting Utility Administrator McNees suggested that the /owest rate be applied to the water used. He noted that the water in question was billed at an irrigat/on rate ($2.47 per 1,000 gallons), which is somewhat h/gher as means to encourage conservation. He advised that the County's lowest residential rate for that same water would be $1.75 per 1,000 gallons. He indicated that the difference between the Page 7 ~prtl 19, 1994 $2.47 and $1.75 per 1,000 gallons would hake a significant difference in the balance and would provide some relief to the property owner. Commissioner Constantine pointed out if a customer leaves town and fails to pay hie water bill, the next property owner is responsible for the previously used water. Commissioner Matthews stated that a condominium was under construction during the period of time in question and water Is required to mix concrete, etc. She remarked that it should be deter- mined whether this condominium had a water meter. County Manager Derrill advised that the condominium project that was under construction during this time period had a construction meter and ultimately, if there was theft, it would be a civil matter. Commissioner Norris asked tf a water line was left open and unat- tended for 24 hours per day, whether the amount of water in question could have gone through the meter at this location, to which Mr. MeNess replied in the affirmative. Co~uaissionsr Volpe ~oved, seconded by Cc~u~lesioner Matthews and carried 4/1 (Comiseloner Norris opposed), to grant the petitioner relief by ~tng an ~Juet~nt in the usa~s rate of $1.75 per 1,000 ~11one an~ that ter~s of payment be arr~n~d in order to allow for pey~ent over a period of tile without I penalty or interest. Commissioner Volpe pointed out that the current owner closed on the lot prior to the time this bill was Incurred. He remarked that the owner of the property had certain responsibilities as to what was occurring on that property. MARIO F. SIQ~rORELLO, JR., RKPRISKNTINQ CHAM12IONSPORTS PROD~L~TIONS, INC. RE SPORTING EVENTS - REFE3qRED TO PARES AND KECREATZONADVI$0RY BOARD AND TO BE BROU0~T BACK ON 8/3/94 Mr. Mario Signorel/o, Jr., advised that his company produces a number of sporting events. He explained that the purpose of peti- tioning the Board relates to the Company Softball tournament which is a recreation type of event, sanctioned by the National Softball Page 8 Association. liability. April 19, 1994 He noted that every event is insured for 8I million in Mr. Si~norello stated that eight sites have been selected in South .Florida to play the tournament once a month. He remarked that sites have been chosen in Palm Beach, Dads and Broward Counties. He revealed that he desires to secure a Collier County site, however, there is a problem, since the fees are not set for tournament usage. He announced that fees are set at a rate for profit at $30.00 per hour and In order for the tournament to happen, the Golden Gate Community Park would need to be rented for every hour of the day and this would result in an expense of $1,200 per day. Mr. St~norello pointed out that the normal rate for renting public facilities for this type of activity to $300 - $500 per day. He remarked that the County's rate discourages people from using these facilities for tournaments, and therefore, reduces the revenue rate to zero. Mr. Signorelie requested that the Commission approve a rental rate of $600 per day for usage of the Golden Gate Community Park for the Company Softball Tournament. In response to Commissioner Volpe, Mr. St~norello reported that at the beginning of the day, all four fields would be used, since this Is an elimination tournament. He explained as teams are eliminated toward the end of the day, the fields would open up for public usage. Public Services Administrator Olliff advised that currently leagues are ongoing. He stated that the current policy, as recom- mended by the Parks and Recreation Advisory Board, does not allow "for-profit" use of the fields. He remarked that there is a rats for not-for-profit groups and If there Is a tournament, in conjunction with the County, that fee Is waived since it is a County sponsored event. Cow-iseloner Yelps ~oved, seconded by Co~es~one~ Saunders and carried unanimously, that this propos&l be forwarded to the Parks and Recreation Advisory Board for review and rsco~aendat~or~ to be brought b~ck to the Bo~d of Count~ Commissioners on l~ 3, 1994~ ~nd that staff from Parks and Recreation invwst/gate the possibility of a not- for-profit organization providing refreshments for all day functions. Zts~ ~8A1 KECO~(ENDATION TO APPROVE AND EXECUTE AN AMENDMENT TO THE FELICAN MARSH GOLF COURSE PRELIMINARY WOK~AUTHORIZATION - APPROVED ~UB,I~CT TO STIPULATION~ Acting Current Planning Manager Mulhere stated that staff has met with members of the County Attorneyfs office and representatives from Westinghouse. He advised that staff is comfortable that the amended preliminary work authorization address all-the concerns and recommends approval subject to the stipulations contained in the Executive Summary. Mr. Mulhere pointed out that the Executive Summary contains two Page Twos. He advised that the correct Page Two reads: "Within l0 days ..." in the first stipulation. A discussion ensued with regard to Stipulation No. 2, requiring that "Prior to further Certificates of Occupancy being issued within the Pelican Marsh Development, the developer shall create and record all necessary drainage easements within p~operty owned by the deve- loper assuring a functional water management system. These easements may be created on subdivision plats or by separate instruments." Commissioner Volpe questioned why "Certificates of Occupancy" have been chosen to assure a functioning water management system rather than "Building Permits". Ms. Susan Watts, representing Westinghouse, pointed out that Page 2 of the Amendment states that no further building permits within Areas 1, 2, 3 and 4 shall be issued by the County until such default in the Golf Course Platting Schedule has been remedied. Mr. Mulhere concurred that that the stipulation in the Executive Summary in incorrect. Commissioner Volpe moved, seconded by Commissioner Saunders and carried unanimously, to authorize the Chairman to execute the ~uthor~zat~on ~n accordance w~th the et~pulatton~. Page A~ril 19, lgg4 (SOLZIIr~) ~R ~ PROVZSZON OY OR-LzIr~ LZBRARY CA?ALOGZRG P~IZSSZOR FOR CKAZ/OtA~TO 6ZGNA~ - &PPR~ Public Services Administrator Olltff stated that this item is a request for approval of an extension o~ an agreement wtth SOLINET, the sole source of on-line bibliographic cataloging information. c~r/ed ~t~ly, to a~r~e the exteu/on of the a~ee~nt w/th SOLI~ ~d t~t t~ ~1~ exe~te lw. Pagw 12 · prll 19, 1994 Itea RECOg~]gDATION TO APPROVE A BUD~ET~ FOR T~E ~r&.FFING ~ OPERATIONS OF THE CAXAMBAS/COCOHATCHEE BOAT LAUNCH CONCESSION FACILITIES - ~ECONSIDERATION OF IN-HOUSE OPERATION OF THE CONCESSION FACILITIES; STAFF TO NE00TIATE WITH COOL CONCESSIONS AND COM~ BACK TO THE BCC AS SOON AS POSSIBLE Public Services Administrator OllAff announced that there are two options for the Board's consideration. He indicated that the Parks and Recreation staff solicited bids for concession operations at the Caxambas and Cocohatches Boat Launch facilities. He advised that the bids as received, are outlined in the Executive Summary, and noted they are not what was anticipated. Mr. Olltff pointed out that the second bid proposed a l~ return on gross if both of the sites are contracted and 5~ for only the Caxambas facility. Mr. Olltff recalled that recently, it was proposed to the Board that the Parks and Recreation staff would operate the two facilities and provide the same type of concession services that have been bad. He advised that the forecast, as presented, is far less optimistic than the previous forecast. Mr. Olliff stated the other option is that staff be directed to negotiate with the one responsive bidder (¢ool Concessions) rather than County staff operating the facilities. He remarked that this vendor currently operates the food concession aS Tigertail Beach and recently was awarded the food concession at Barefoot Beach. Commissioner Constantine questioned the appropriate action to take with regard to the Reconsideration Ordinance. Mr. Olltff stated that because this item was unanimously approved, any Commissioner could make a motion to reconsider the Board's pre- vious decision and further discussion could be held in two weeks. Commissioner Constantine stated that his preference is privatiza- tion for this type of work. Co~atssioner Volpe moved, seconded by Co~isstoner Matthew~ and carried unant~ousl¥, to reconsider the Board's previous direction a~ ~t re~atee to the ~n-houae operation of the Caxaaba~/Cocohatchee Boat Launch Concession F~c~l~t~ee~ and staff negotiate w~th and the pOlSib~lity of eoae Type of Anteri~a~ure with Coo! ConceeeAon~ and report hick as soon as ltel~SC3 REPORT TO THE BOARD RE A RESTORATIONAND PRESEI~VATION PLAN FOR ROSEMARY CEMETKNY, A DESIGNATED COUNTY HISTORIC SITE - APPROVED Ron Jamrs, Museum Director, recalled that the Board directed staff to develop a plan for the Rosemary Cemetery that would beautify the site and maintain the historic nature of same. He advised that plan is included in the Executive Summary. Co~m/IsLoner Norrim ~oved, seconded bF'Co~mAmeLoner Saunderl ~nd carried 4/0 (ConissAoner Volpe out}, to approve the plan, as pre- lected. (233~) STZPUL&TED 0~DER FOR DEFENDART~S C0ST~ REL&TIVE TO E&SEMgNT ACQUISITION FOR THE E&ST &ND SOUT~ N&PLE8 SANITARY SEWER PROJECT - ATTORNEY F~ES APTROVED IN TI~ A~OUNT 0Y $16,500 Acting Utilities Administrator McNees stated that this item is a routine settlement with regard to attorney fees for an eminent domain case relating to the East and South Naples Sanitary Sewer Project. Mr. McNees advised that the defendant's attorney requested $38,000 in costs, however, the County Attorney's office has negotiated that figure down to $16,500 and staff is recommending approval of same. County Attorney Cuyler announced that the $16,500 figure repre- sents approximately $?5 per hour for the attorney. He indicated that one of the conditions in the Settlement is that the check be deposited into the Court Registry by April 22, 1994. Contestsnet Saunders ~ved, seconded by Co.miss/Chef Iorrts and carried unanimously, to approve the Attorney Fees An the ~stount of (2393) Item FINAL NEGOTIATED CONTRACT NITH CH2M SILL FOR ENffINEKRI]~3 DESIGN SERVIC.. FOR PINE RIDGE RO&D (C.R. 896), BETWEEN AIRPORT-PULLING RO&D Pago 24, (C.R. $1) AWD 1-75 - APFR~ A~rll lg, 1994 Office of Capital Projects Management Director Conracode requested Board approval of the contract with CH2M Hill to init/ate the des/gn of the road segment on Pins R/dge Road from A/rport Road to 1-75. He Indicated that this work will result /n the trans/t/on from a four lane d/vtded rural roadway to a stx lane divided urban roadway, con- s/sting of approx/mately 2.35 m/lee. In answer to Commissioner Constantine, Mr. Conracode explained that due to evaluating the workload, this work cannot be done in- house. He reported that th/s RFP was let in 1992, prior to the reorganization. Comm/ss/oner Volpe quest/oned whether some of the des/gn work may have already been completed, /n conJunct/on with the activities at Car/l/on and Kensington Park. Mr. Conracode stated that the de-cel and turn lanes associated with the two developments are a part of the current four lane project, however, modifications will have to be made for the stx-laning. Comm/ss/oner Volpe suggested that staff /nvest/gate whether there is a more economical way to approach the des/~n phase of this corri- dor, based upon the work that has been done by others. Mr. Conracode replied that this has alread? been done. Cow-tsstoner Norris moved, seconded by Comtestoner Saunders and carried $/2 (Couteetoner Volpe end Co~aLseloner Matthews opposed), to approve the final negotiated contract with CH2M H/l! for Engineering Design Servtcee for Pine Ridge Road betweenAirport-Pulling Road and (27~o) AUTHORIZATION FOR OFFICE OF CAPITAL PROJECTS NANAITEMENT TO PROCEED NITH IN-HOUSE DESIGN OF A LEACHATE PUMPING STATION AND FORCEMAIN~ WORK OF. DER NITE A~NOLI, BARBER AND B~UNDAGE TO SUPPLEMENT IN-HOUSE DESIGN RESOURCES AND AUTHORIZATION FOR THE NECESSARY BUDGET AI~ - Office of Capital Projects Management Director Conracode stated that his staff in conjunction with the Solid Waste Department have 30 Page 15 April 19, 1994 completed an evaluation of leachate management alternatives. He indi- cated that staff has selected from among the alternatives to provide for leachers disposal through a forcemain to the South County Regional Wastewater Treatment facility. He noted that discharge to that faci- lity is estimated at 35,000 gallons per day, however, that facility currently has an 8 million gallon per day treatment capacity. Mr. Conrecede requested approval of a work order with A~nolt, Barber and Brundage for survey services for the utility along the corridor in the amount of 89,200. In addition, he requested approval of a budget amendment transferring funds from Solid Waste Capital Outlay Reserves Into an operating project account. Co~aiseloner Volpe ~ved, seconded by Cow-iemioner Norris and carrledunanI~ously, to authorize the Office of Capital ProJectm Mana9~ent to proceed with the design of the leachers pu~ping station ~nd force~aln; approv. the work order with A~nolt, Barber and Brundage and a~prove the necesmax~ budget ~nd~ente. In response to Commissioner Norris, County Manager Derrill reported that the County has been dumping the landfill leachers into an asphalt lined evaporation pond and this can no longer be done due to violating DEP and EPA regulations. He advised that leachers itself has no real odor and in the event it ia pumped to the South County plant, it should not contribute to any odor problems. Page April 19, 1994 RECOMMKID&TI0~ TO AMARD A CONSTRUCTION CONTRACT FOR &X]~PORT-~IN0 ROAD 6IX-LA~XNO IMX~ROVEM~]TFS (BID NO. 94-22?5) -AMARDKDTO BETTER ROADS, INC. IN TH~ AMOUNT 0F $2,849,680.85 Office of Capital Projects Management Director Conrecode advised that the Airport Road slx-laning project was recently bld and the apparent low bidder is Better Roads, Inc. He stated that staff is pursing the award of this contract in order to complete construction prior to the next tour/st season. In answer to Commissioner Constantine, County Manager Dorrill explained that this item was removed from the consent agenda due to the dollar volume of the contract and the continuing commitment to the Taxpayers Action Group to have bad awards or contracts of a certain value automatically appear on the regular agenda. ComaLssioner ~orrt~ B~ved, seconded b~ CowLesLoner Volpe and carried unaninousl¥, to meard the coumtructLon contract to Better Roads, Xnc., for Airport-Pulling Road ~lx-la~lng i~pr~ve~ent~ in the a~:raxxt of $X,849,680.85. (a20Y) AU'L~ORIZATXON TO ANARD ~ ¢O~I"RACT FOR ¢ONSTROCTIOX OY ~ GOLD~I* GATE EST&TES BRA,WCX LIBRARY (Big NO. 94-2172) - AMARDKD TO LOD(3E CONSTRUCTXON INC. XN THE AMOU~T OF $1,149,947~ APPROVA~ OF AS80CIATED BUI~3ET AMKHDM~FT$ A](D AUTKORXZATION OF FINAHCING $650,000 TH3q0UGH THE FLORIDA LOCAL GOVEIqIO~XIF~ FINANCE COMMISSION COJOSERCXAL PARK PRO(FRAM County Manager Dorrlll explained that this item was also removed from the consent agenda because of the dollar volume. He remarked that there are no problems associated with the award of the contract. Commissioner Volpe questioned the source of funding for construc- tion of the Library. Office of Capital Projects Management Director Conrecode stated that staff is recommending that $650,000 be borrowed from the Florida Local Government Finance Commission Commercial Park Program at an interest rate of approximately 3.75~ per year. Public Services Administrator Olliff advised that impact fees are Page Apri! 19, 1994 slated to be the repayment source. Commissioner Constantine requested that he be notified of the date of the ground breaking. Com~tssionsr Matthew~ moved0 seconded b7 Co~issioner Volpe and carried unani~ously, to award Bid 94-2172 to Lodge Construction Inc. for the base bid a~ant of $1,I49,947~ approval of the usoclated budget mnd~nts; and authorization for the financing of 8650,000 through the Florida Local Government Finance Co~mlssion Co,mercia! Park Program. · '* Recess= 10:30 AM - Reconveneds 10~42 AM At this tie l)eput~ Clerk Fernlry replaced Deputy Clerk HoffBan UPDATE ON TOURIST TAX ISSUE- COUNTY SUCCESSFUL IN THE SKCONDDISTR~CT COURT OF AFFEALS County Attorney Cuyler informed the Board that the County has been successful in the Second District Court of Appeals. He etated that the Florida Hotel-Motel Assoc~ation does not have an automatic right of appeal but the right to a reheating does exist. He indicated that the Supreme Court has discretionary Jurisdiction. Mr. Cuyler publicly thanked the Board for Its patience during the Appeal Process. Mr. Cuyler pointed out that Carlton, Fields has accomplished a great fete on behalf of the County but the authorized $25,000 will not be sufficient to cover fees. He explained that Carlton, Fields was notified that unless they were successful in the Appeal process in obtaining the $5.8 million, it would be difficult to obtain authoriza- tion to expend additional funds. Mr. Cu¥1er stated that he does not have a final figure for the exact cost but it will be approximately $31,000 more than the original $25,000 authorized. He pointed out that Carlton, Fields became involved in the negotiation process, evaluation of the class action suit and the negotiation settlement process, all of which were unforeseen at the time the original funding was approved. Page 18 April Tl~e #2 Zt~OA DIS~SION Iq~O~RDI'~O ~ ~ - ISSUE TO BE ADDRESSED IN THE NEXT LAND DEVELOPMENT CODE (LDC) AMENIN(KNT CYCLE Commissioner Volpe stated that he received a telephone call regarding street vendors eelling the Naples Daily News in the public right-of-way at the intersection of Pine Ridge Road and Airport Road. He explained that this type of activity should be investigated by the County Attorney to address the problem since it Is a safety Issue. Commissioner Volpe Informed the Board that the Sheriff's Office issued a citation to a street vendor and the matter is now in litiga- tion as it relates to the County Ordinance. County Attorney Cuyler stated that Ptnellas and Hillsborough Counties have prohibitions or restrictions which prevent vendors from getting within four feet (4') of pavement and they cannot occupy medians. He explained that the Counties are confident in the ability to uphold the provision. Mr. Cuyler stated that the newspaper contacted him regarding the sale of newspaper in the right-of-way and he Informed them that they had a constitutional right to be in the right-of-way to some degree although the County could regulate the situation on a time, place and manner basis. He pointed out that the question is to what degree the County can control the situation. Mr. Cuyler stated that a prohibition exists within the County ordinance regarding selling of merchandise in the right-of-way and is legitimate in regard to commercial sales. Commissioner Volpe stated that the issue is Important enough that Staff needs to brief the Board of County Commissioners on con- sideration for regulation of time, place and manner. He pointed out that this to also a safety Issue that must be addressed, especially when it affects some of the buster intersections In the community. Ramits Manalich, Assistant County Attorney, stated that the issue is referred to as "hocking" and is considered, along with the Page 39 April 19, 1994 distribution of newspapers, to have first amendment protection. He explained that the road right-of-way is considered to be a traditional public forum and the conclusion is that there cannot be a total prohi- bition on hocking from the right-of-way, i.e. sidewalks, road surfaces and medians. Mr. Manaltch pointed out that fine lines can be drawn on those constitutional parameters such as Pinelias, Hillsborough and Lee Counties have in their positions that hocking can be prohibited from road surfaces and medians. He stated that the County can prohibit commercial transactions being conducted in the right-of-way that have no dissemination of information value. Mr. Cu¥1er etated that restrictions should be handled as part of the Land Development Code process. In response to Commissioner Constantine, Mr. Manalich stated that in litigation a Court could rule that a transaction cannot be consum- mated if hocking is prohibited within four feet [4t) of pavement or on medians. Mr. Manalich explained that in March 1994 the newspaper submitted a proposal to the Shertffte Office legal Counsel with a copy to the County Attorney's Office informing how they intended to eel1 the newspapers in this manner which indicates sensitivity to the concerns being expressed. It was the consm of the Board that this tso'ue be ~z*eseed ~n the nex~ Land Development Code ~rndBent cycle. Mr. Manalich explained that the West Coast of Florida has taken a strong stand against distribution of any tTPe material in the rights-of-way. Dick Clark, Acting Community Development Services Administrator, stated that a multitude of charitable institutions also distribute information and that needs to be addressed. Mr. Cuyler informed the Board that Staff will supply a memorandum of law and actual experiences on this issue. In response to Commissioner Yelps, Mr. Cuyler stated that the activity of hocking the newspaper will probably continue to occur at the d~scretion of the Naples Daily News. ,oo 000- 05 Page 20 ~pr~l 19~ 1994 (438) 2tn #lOB KES0LUTION 94-284 APPOr~TI~a ~ FA~SSLE~, DONALD Wa~Ay, ~ RAY, ~LENN SIMPSON, ROBERT FLINN, NANC~KEYNOLDS, ARTRU~ ~L~RDT, JR., HA~NY TENNANT, JAM~S LEWIS, ~)(IARD0 TEN~EIR0 AND ALLANRUDELL TO THE COLLIEI~ COUNTY P~IVATIZATION PLUS TASK FORCE - ADOPTED Administrative Assistant to the Board Fileon stated that the Collier County Privatizatlon Plus Task Force is comprised of 11 members and I3 applications were received. She informed that of the 13 applications received, one (1) applicant is not an elector and one (1} applicant serves on two (2) boards which dieqalallfies them. Ms. Filson pointed out that two {2) applicants are employed by health care facilities and she requested that the County Attorney's Office determine if there is a problem with them serving on this committee. County Attorney Cu¥1er informed the Board that there is no conflict with the two (2) applicants working for health care facili- ties and they are eligible to serve on the Collier County Prtvatizatton Plus Task Force. a~nted to t~ Collier Co~ Pr~t~zatlon PI~ T~k Force, t~re~ Co~e~oner Constantine e~ted th~ Co~e~oner ~tthew~ ~ ~leo appointed as a member to the Collier County Prtvattzatton Plus Task Force. Page 21 Ztn#llA DISCUSSION A]ID UPDATE BY ~IF3' DON ~ F~t~DI~ T~ PR01'OS~D BOOT CAXP - FUNDS MAY B1~ ALLOCATED IN EXCESS OF THE AMOUNT REgUKSTED Commissioner Matthews stated that she spoke with Sheriff Hunter this morning and she received a'meeeage from Representative Mary Ellen Hawkins Informing that HHS will be in contact with Sheriff Hunter this week and that funds may be allocated in excess of the amount requested to establish a boot camp facility for Juvenile offenders in Collier County. Commissioner Matthews informed the Board that Sheriff Hunter has a conference call scheduled for 1:30 PM this afternoon and a memorandum is forthcoming informing the Board of County Comm~ssionere of the out- come of the telephone conversation. The following people spoke on this item. Jane Varner Irma Slaughter Doug McOtlvra Stan Olds Costellonet Saunders clartfted that the Board of County Co~teelonere has tentatively approved fundln~ for and endorsed the concept of the boot ca~p. He explained that while other boot ca~pa have tried and failed, Collier County is different in that second ~nd third tl~e offenders will be addressed and ~tven an opportunity for rehabilitation prior to co~ttting crtue so atrocious the~ need to be sent away. Co~tseloner Saunders stated that the drill facility will also focus on rehabilitation and education before the offender has become too letloudly involved in crtM. (g75) Xt~/2Cl RESOLUTION 94-285 RE PETITION CCSL-94-2, MILES SCOFIELD 01TUR~ELL AND ASSOCIATES, REFRESENTINO LURLINE S. BO~EIN, REQUESTIN~ A VARIANCE FROM THE COASTAL CONSTRUCTION SETBACK LINE TO REPLACE A ROCK REVETMENT WITH A NOOD RETAININO WALL AND CONSTRUCT A DUNE NALKOVER FOR PROPERTY LOCATION ON LOT 31 OF BLOCK A, CONNORS VANDERBILT BEACH ESTATES UNIT ! - ADOFTED WITH STXFULATION$ Legal notice having been published in the Naples Daily News on April 3, 1994, as evidenced by Affidavit of Publication flied with the April 19, 1994 Clerk, a public hearing was opened. Barbara Burgeson, Environmental Specialist II, stated that the sub~ect property is located on Vanderbilt Beach and Immediately north of the LaPlaya property. She Indicated that the revetment rock and retaining wall was damaged during the March 1993 storm and Staff is recon~endtng approval with the stipulations as contained in the reso- lution because the petition is in compliance with the Florida Statutes Coastal Zones Protection Act of 1985, Collier County Land Development Code and the Collier County Conservation and Coastal Management Element, Policy 11.4.7. Commissioner Constantine closed the public heartng. Conalm$1oner Volpe hayed, ~econdedby Con~tmmloner Sam~derm and car~tedunanlaou~ly, that Petition CC$L-94-2 be approved, thereby adopting Resolution 94-285. P~ge 23 April 29, 2994 (2033) BOARD OF COUNTY CO~9~ISSIONERS' COMMUNIC&TION~ County Attorney Cuyler stated that litigation has Just begun on the Clam Pass issue and Assistant County Attorney Bryant will be supplying the Board of County Commissioners with a memorandum. County Manager Derrill stated that a construction contract was awarded to Better Roads this morning for stx-lantng Improvements for Airport Road between Golden Gate Parkway (C.R. 886) and Pine Ridge Road (C.R. 896). Mr. Derrill explained that it would behoove the County to allow Better Roads to perform construction necessary for Pine Air Lakes from Pine Ridge Road to Cougar Drive under the contract awarded because temporary turn lanes are under construction by the contractor ~n the four laned section. He pointed out that ~f the County waits to complete the stx-lantng of the section from Pine Ridge Road to Cougar Drive, the temporary turn lanes will have to be destroyed and rebuilt. Commissioner Volpe etated that the Pine Air Lakes DRI was approved in 298§ and significant commitments regarding the transportation net- work were probably obtained. Commissioner Volpe explained that the commitments need to be reviewed and what Impacts can be expected because other projects may need to be accelerated as well. The discussion of the East Naples Library expansion was not heard. (2234) $TAFF'$ CO~K~ICATIO~S County Manager Derrill stated the Black Affairs Advisory Board has requested a special Commission meeting one evening in M~/~ for recon- sideration of the establishment of a Minority Rights Commission. It was the consensus of the Board that the meeting be hel~ &f~er one (2) of the Land Development Code public hearings on May 4 or May 28, 1994, whichever Staff feels will be the shorter meeting. County Attorney Cuyler stated that Staff will be presenting a '42 Page 24 Apri! 19, 1994 legislative update to the Board of County Commissioners. He informed the Board that the exparte legislation which would have allowed the Board to talk to constituents did not pass. County Attorney Cuyler stated that he will be writing a thank you letter to Representatives Fred Dudley and Mary Ellen Hawkins on behalf of the Board and himself. · '* Co.~i~eloner Norris ~ov~d, eeconded b7 Co~mleelone~ Volpe and carrledunani~uely, that ~he follmeing itemeunde~ the concent agenda be a~proved and/or adopted~ Xte~#16A1 ACCEPTANdrE 0F IRK~VOCA~LE LETTER 0FCREDITFOREXCAVATIONI~IT NO. 59.503, ~PELICANMA~SN - LAKE RESOLUTION 94,-281 GP, ANTi'Na FINAL ~~ OF ~ ROSY, ~~g, ~ ~ S~ I~~S ~R 'COLLI~ C~ ~O~ON P~, See Page' ~.5'J Item ~16C1 through Item ~15C3 - Deleted Item #1504 P~ - IN ~ ~ OF $55,975 Item ~lSDl - Deleted Item #15D2 SATISFACTIONS OF ~OTICE OF PROMISE TO PAY AND A~REEMENT TO EXTEND PAYMENT OF SEWER IMPACT FE~S FOR JOSEP~ BALLANTFN~ See Pages -5 3--5-& HATXSFACTION~ OF NOTICE OF PROMISE TO PAY ANDA~tE~ENT TO EXTEND PAYMENT OF NATgRAND/OR $ENER IMPACT FEES FOR J. REX AND ~. JANE HOltTON, JOHN AND BARBARA JACKSON, JOHN AND ~ILLIAM JOB~'&ON, OLIVER AND JANE MAYVILLE, JOSEPHINE M. MOLLICA, MAE MOORE, JONOTN~N AND FAY NORTON, JON AND KIM RAY, BILLY AND JO ANN SAVAOE, WALTI~UD Hv&NRIFI'A'E VAN DEN BERO, MARIA DELIA ACOSTA VASQUEZ, AND THOMAS A~,D ~U~AN ZENZ See Pages .~'"~-- ~ BID ~9~-2170 ~SMALL ENGINE PA~TS AND SERVICE DF.~LE~S &S $1~CXFIED IN THE EX~CUTIFE SOMMART Page 25 Apr11 19, 1994 AUT'40]LTZl']I~ Tlt~&CQU/$1'TZO~BTGII~ORP~RC]~LS~ OF ~ A~D~C~SS ROAD DRAIN&~ MID-T~AR AD3USTI~F~ TO ~ PAK[ D~AI~AG~ M.S.~.U. ~ (FUND 139) - 1~ THE I~T DEC~EASED &MOUF~ 0F $2,100 HID-F~RAD3~STM~]~I~ TO KUIESRIDGE STORMRATERPOMP/N~ STATION N.S.T.U. B1]DGET (F~[D 154} - IN TH~ ~ET INC/~ASEDAMOO~T OF Ite~ ~16H1 - Deleted lte~#16~2 I'~IFI'RAT~ I~LDAR SEa'VICES 0NT~E ~WATERLINET0 THE NORTNC00Fl"/ I~QIONALNATERTREATM~NT PLANT - ZNTHEMAXIMOMAH00F~0F $12,000 /tom ff16H3 NORE 0RD~ ~J~DE]~ TH~ PELICAN BAY $E~'ICE DMSZON~S ~ I~ROFESSZONAL %]IQI*ll"%:%lq,/lla ~ N'&TH NILSON, MILLE~, BARTON - IN AN AtIOONT NOT TO EXCEED 85,000 Item ~16~8 - Deleted Zte~#16H6 OTILITT'EASEIQDIT FOR Tl~ /lr~T~TION 0FJUIELECTRICAL SERFZCE Ll1~ BT ~E~ GOOFZTIL~b~I~ZO C00PER&TZV~, IIl~. TO PROV/D~CTRICALPORERT0 TH~ ~RII~JOEAL~ ~CT~ATIONCE~ZE~ Ite~ ~16H9 - Continued to 4/26/94 Apz'tl lg~ lgg4 Xtem ~1~11 - Moved to Zt~ ~5 Zt~ ~1~H12 T~E UTZT, Z~ZES AND COI~K~NZ~ ~EVELOPMENT DZVISZO~$ Ztw~ MI$CELL&NEOU~ ~%~ONDE:NCE - FILED JL~D/OR The following miscellaneous correspondence was filed and or referred as presented by the Board of County Commissioners: Page 27 I April 19, 1994 Ztma ~'lSJ1 C"~tT/F*ZC&I'~ OF CORI~CTION TO ~ TAX ROLLS &S ~ BY ~ FROF~fY NO. 163 NO,, 134/135 1992 T,IL~GZBL~ :I~RSONAL 1:'R01~RTY Dated 04/06/94 1993 TJL~3IBT~ I'~P~O~&L ~~ Dated 04/06 and 04/~2/94 1992 T&X ROLL NO. Dated 177 04/07/94 1993 TAX ROLL NO. 177/183 There being no further business for the Good of the County, meeting was adjourned by Order of the Chair - Time: 11:20 A.M. Dated 04/04 -04/0?/94 the BOARD OF COUntY COMMISSIONERS BOARD OF ZONING APPEAL$/EX (l~i~s¢¢mln~tes :approved by the Board on as p~e~,ented // or as corrected ,oo 000,, 49 Page 28