BCC Minutes 09/21/1993 R Naples, Florida, September 21, 1993
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 /aw and having conducted business
herein, met on this date at 9:00 A.M. tn REGULAR S~SSION tn Building
"F" of the Government Complex, East Naples, Florida, with the
following members present:
CHAIRMAN~ Burr L. Saunders
VICE-CHAIRMAN: Timothy J. Constantine
John C. Norris
Michael J. Volpe
Bettye J. Matthews
ALSO PRESENT: John Yonkosky, Finance Director; Ellis Hoffman,.
Deputy Clerk; Annette Guevtn, Recording Secretary~ William Hargett,
Assistant County Manager; Jennifer Edwards, Assistant To The County
Manager; Ken Cu¥1er, County Attorney; Heidi Ashton, Ramtro Manaltch,
MarJorte Student, David Wetgel and Richard Yovanovich, Assistant
County Attorneys; Frank Brutt, Community Development Services
Administrator; Leo Ochs, Administrative Services Administrator; Bill
Lorenz, Environmental Services Administrator; Tom Olliff, Public
Services Administrator; Fred Bloetscher, Assistant Utilities
Administrator; Tom Conrecode, Office of Capital Projects Management
Director; Sandra Taylor, Real Property Management Director; Mike
McNees, Management & Budget Director; Martha Skinner, Social Services
Director; Dick Clark, Code Enforcement Supervisor; Jeff Walker, Risk
Management Director; Norris IJams, Emergency Services Administrator;
Tom Whltecotton, Human Resources Director; Ltnda Ltndsay, Real
Property Specialist; Mike Smykowski, Budget Analyst; Bob Mulhere,
Planner; Sue Fi/son, Administrative Assistant to the Board; and
Lieutenant Byron Tomlinson, Sheriff's Office.
Page I
September 21, 1993
(4~)
APPROVED WITH CHANGES
Con.toe,omar Norris ~oved, seconded by Coem~oaloner Constantine
and carried unanimously, to approve the agenda with changes
detailed on the Agenda Change Sheet, and the following eddAt~onal
item:
1.
Item #16Fl moved to Item #SF! - Recommendation to approve an
Agreement between Collier County and the Department of
Community Affairs for the update of the hazardous material
response element of the Comprehensive Emergency Management
Plan (CEMP).
Page 2
(~,3o)
It~ ~A
APPROVED AND/OR ADOPTI~D
September 22, 2993
The motion for approval of the consent agenda is noted under Item
#16.
(240)
EMPLOYEE SERVICE ANARDS PRESENTED TO K~NNETH BADKE AND RAYMOND B.KI~OffS
Commissioner Norris presented Employee Service Awards to Kenneth
Badke of Development Serv/ces and Raymond Bellows of Project Planning
for five years of employment with Collier County Government.
(~62)
BUDGET AMENDKENTS 93-474/476; 480; 487; 492/494; 496/498; AND 500/505
Finance D/rector Yonkosk¥ requested adopt/on of the 17 budget
amendments and two budget amendment resolutions, as referenced ~n the
Clerk's Report.
Col~illioner Norris moved, ~econded by Coimissioner Volpe and
carried unanimously, that ~dget ~~nt8 93-474/476; 480; 487;
492/494; 496/498; ~d 500/505 ~ adoptS.
(~g0)
~ ~ ~OL~ION5 93/43 ~ 93-44 - ~~
Comales~oner Volpe ~oved, seconded by Commissioner Norris and
C~Lrried unallimou~l¥, that Budget Amendment Resolutlon~ 93-43 and 93-44
09
P~ 3
Septe~ab~r 21, 1993
Item ~B
DIANE AND LEWIS HANGUN R~ ZONING AND ZONING ~NFORC~T ~I~STION~ -
TO B~ ~ROU~HT BACK IN 30 DAYS TO ADD.SS ISSUES OF CONCEKN
Mrs. Diane Mangum stated that several permits were authorized
without the owner's authorization in Imperial Wilderness Condominium,
Section One. She noted that the County permits contain a warranty
deed clause in addition to a false statement clause.
Mrs. Mangum advised that the Manager of Imperial Wilderness took
out permits for Imperial Wilderness Section One, however, the
Association does not own the common elements. She reported that the
owners of each section own their common elements. She questioned who
enforces the false statement clause.
Community Development Services Administrator Brutt explained that
staff has recently met with Mr. and Mrs. Mangum. He referred to a
memorandum from Ken Baginskt to Dick Clark, identifying the items of
controversy and the background associated with the particular loca-
tion. He indicated that the TTRVC District ks to be Identified with
terms of commercial districts zoned commercially and commercial
zoning.
Commissioner Saunders reminded Assistant County Manager Hargett
that letters that are communicated with regard to public petitions are
to indicate that the petitioner Js given a total of ten minutes to
discuss the item and if the County Commission determines there is a
significant issue raised, staff will then be directed to place the
item on a regularly scheduled agenda item.
Mrs. Mangum noted that based on evidence and information she has
received anyone can obtain a permit to build anything on anyone's pro-
perty. In addition, she remarked that anyone can obtain a demolition
permit for anyone else's property without the owner's authorization.
Mrs. Mangum remarked that she inquired whether it ts permissible
to have a van on blocks with no wheels in the area where she lives and
was informed that thts Is permissible. She stated when meeting with
Page 4
September 21, ~993
Mr. Bagtnskt, he indicated that area is not considered commercial but
it is described as commercial. She revealed that homesteads are being
granted in this area. She noted that hundreds of permits are being
issued in this area and the countyts computer lists these as
"residential".
Mrs. Mangum announced that she is appealing the TTRVC Zoning.
Further, she remarked that the value of her property is being affected
by a van sitting up on cement blocks.
In response to Commissioner Volpe, Mr. Brutt advised that there is
a dispute between staff as to whether this area is operating as it ~s
zoned or as someone desires it to be.
With regard to verification of ownership when applying for a
building permit, Mr. Brutt reported that indiv~duals are required to
certify that they are the applicant, authorized by the applicant, or
have ownership.
Mr. Brutt pointed out that issues of falsif~ed statement are
referred to Dick Clark.
Code Enforcement Supervisor Clark reported that part of this issue
relates to ownership. He explained that condominium laws are more
complicated than those of simple ownership. He suggested that staff
be directed to identify these issues and bring back same at a later
date.
Commissioner Saunders questioned whether there are applications
pending from persons within the TTRVC district to change their zoning
from Agricultural to TTRVC. Mr. Baginski replied that there has been
one such application in the last year.
Mr. Baginski remarked that there is use within the intent to pro-
vide the recreational facilities and temporary lodgings. He stated
that the ordinance provides that specific types of vehicles or ec/1/ip-
ment may be p/aced on these lots.
Commissioner Volpe suggested that the issue of persons occupying
TTRVCte on a permanent basis and qualifying those properties for a
homestead exemption needs to be revis~ted.
Page
September 21, 1993
Co.missioner Norris moved, seconded !~ Co~teetoner Volp~ that
staff h~ directed to place this As~e on the agen~ u
~ch~le tt~ within 30 da~ to ad~e~ the l~e~ o~ c~ce~
Including the ~e~ton of ~ershtp r~tre~ntm ~n a~l~t~ for
~lldln~ ~ratte, habitation r~trement~ ~lthln the ~C
r~d to ~e ~s of recreat~o~l vehicles t~t
~hether ~bllc eh~re ~d re~troo~ exist w/thin t~ pl~ln~ far all
Doris Bachand ~poke ~tth regard to this Item.
Co~tU Attorne~ Cu~ler stated that t~ necessary, he ~tll meet with
the res/dents off Imperial Wilderness.
~ call for the ~mtton, the ~tton c~rl~
( ~060 )
It~ ~&
~. ~ T~ ~S~ING TAG ~ ~ IBSU~CE OF ~ZYZ~ OF
F~ZCZP&TZON (COP) ~ ~ COLLZ~ CO~ S~L
US~ OF HOUSING I~ACT ~S ~ P&Y C~YZNG ~S,
Mr. Fred Tarrant, representing The Taxpayers Action Group, stated
that he is seeking the help of the Board of County Commissioners tn
answering concerns regarding impact fees that were granted to the
Collier County School System on May 13, 1992.
Mr. Tarrant advised that he believes the School System ts about to
use the Housing Impact Fees, granted to them, tn a way that was never
Intended. He recalled that when the ordinance was adopted on May 13,
1992, School Board Members, School Board Attorney, School Board
Financial Officer and School Superintendent Rtchey were present.
Mr. Tarrant remarked that during questioning by Commissioner
Saunders, School Board Member Debbte Cook indicated that impact fee
revenues will be used to reduce capital mil/age in the coming year and
in future years. He Indicated that this was clearly a pledge made by
the School Board.
Mr. Tarrant reported that on April 19, 199S, the $chool Boardte
Assistant Superintendent of Finance, Mr. W~lson, advised the School
Page 6
September 21, 1993
Board and public that what would really happen with regard to
Certificates of Participation (COP) borrowing, ia that he Intended to
use the impact fees to pay the carrying charges, principal, interest
or lease payments on the COPS and capital taxes would not be used.
Mr. Tarrant indicated that Mr. Wilson further remarked that the
School Board would pledge up to one-half of the capital tax because
the bonding agencies do not see impact fees as a stable source of
revenue. He questioned whether this pledge of taxes will appeal
clearly tn the offering prospectus for the next COPS issue.
Chairman of the Collier County School Board, Barbara Berry,
responded to questions regarding the use of Impact fees proceeds posed
by Mr. Fred Tarrant, as reflected tn a letter to Commissioner Saunders
dated September 21, 1993.
In answer to Commissioner Matthews, Mr. Wi/son explained that
COPms do not add any additional burden to the taxpayer that ia not
already there. He noted that the School Board may levy up to 2 mills
per F.S. for capital tax purposes and 1/2 of that mi//age may be
applied to COP payments.
Mr. Wilson read a prepared statement with regard to the use of
COPS, Indicating that Supreme Court decisions clearly support that
COPS do not create long term debt due to the annual ability to non-
appropriate and therefore, do not require voter approval. He noted
that Section 203b of the Educational Facilities System Impact Fee
Ordinance states that "Payment of principal and interest, necessary
reserves and cost of issuance under any bonds or other indebtedness
Including Certificates of Participation tn accordance with Section
230.23 and 235.056 F.S. issued by the School Board of Collier County
to fund growth Impacted Improvements and additions to educational
facilities systems."
Mr. Wilson stated that the School Board made a commitment to the
tax paying public to reduce taxes, if an impact fee was passed and
taxes have been reduced tn each of the last two years in a value that
equals or exceeds the revenues produced by the Impact fee. He
Page 7
September 2~ 1993
pointed out that no one should be concerned as to how the money is
used as long as it complies with Ordinance 92-33.
Commissioner Volpe questioned whether the County uses impact fees
to pay interest on a debt service, to which County Attorney Cuyler
replied in the affirmative, noting that this is a legally authorized
use.
Mr. Wi/son advised that the School Board has not yet used arty of
the impact fees. In answer to Commissioner Volpe, he replied tk~t it
is not the School Board's intent to use impact fees to collateralize
the COP's.
Commissioner Saunders remarked that he understands that in the
1994/95 tax year the capital improvement rate will be set at below 2
mills to reflect the actual revenues from impact fees. He advised
that the impact fees are being used to reduce the capital improvement
tax below the authorized 2 mills. He revealed it is not incumbent
upon the Board of County Commissioners to tell the School Board how to
finance projects as long as the use of the impact fees is to reduce
the ad valorem burden that would have been placed on the taxpayers.
In response to Commissioner Volpe, Mr. Wilson explained that the
School Board has taken the $3.9 million worth of impact fees and
applied this directly against the 2 mill tax to reduce the tax to
1.747 mills.
Commissioner Saunders explained if there were no impact fees on
the books, the School Board would still have their Certificates of
Participation, however the difference would be that the capital tax
would be 2 mills and there would have to be an annual appropriation of
ad valorem taxes to pay the debt service on Certificates of
Participation.
Mr. George Keller spoke with regard to this item.
No iction w~m taken on this item.
(1990)
Itsi
WILLIAM R. ~ASTON RE A CABLK FRANCHISE - TO BE BROU~I[T BACK I~ 14 DAY~
Mr. William Gaston stated that he operates a Satellite Master
Antenna Television System on Marco Island which serves 265 subscribers
,oo 16 Page 8
September 21, 1993
at the Gulfview Condominium. He indicated that this service began on
August l, 1993.
Mr. Gaston advised that he has had inquiries as to whether it is
possible to use the signal that is being supplied to the Gulfview Club
for other condominiums as well. He reported that this is possible
since it is exactly like a standard cable signal, however, he must
have a franchise to use County rights-of-way.
Mr. Gaston indicated that Ordinance 88-90 would al/ow him to serve
a portion of the county, but a fee of $10,000 is required. He
requested that the Commission change the application fee process.
Mr. Gaston revealed that he desires to submit an application for a
competing cable franchise to operate on Marco Island, but noted he can
not submit to the carte blanche provision of the ordinance which
allows the charges to be levied against him.
Mr. Gaston announced that he would like to submit an application
with a check for $1,000. He indicated that in the event additional
funds are needed to analyze the application, an additional $4,000
would be submitted, upon Justification. He explained he will not
submit additional funds if they are needed, but would agree, upon
satisfactory franchise award, to submit an additional $5,000 for a
total of $10,000.
Assistant County Attorney Ashton advised that the ordinance provi-
des that the Board set the fees by resolution. She noted that the fee
may go up to $10,000 and higher if there are extraordinary costs
involved. She indicated that the costs are supposed to be the reaso-
nable costs of processing in evaluating the application.
Commissioner Saunders remarked that the Board cannot take action
on this item today and questioned whether this matter should be placed
on the agenda at a later date.
In response to Commissioner Volpe, Mr. Gaston stated that he pro-
poses to service approximately ?0~ of Marco Island encompassing the
area from Collier Boulevard to Bald Eagle Drive.
,Tap~ ,2
Page 9
September 21, 1993
~laaloner Const~ttn~ ~oved, seconded by Co~laaloner
carried ~i~ly, t~t staff ~ d~rected to br~ th~s ~t~ ~ck ~n
14 ~ys ~d pr~tde a~ttto~l lnforMtlon.
s.s ~ces~: 10:40 A.N. - Reconvened: 10:55 I.N. ~t ~tch tl~
Recording Secret~ ~evtn replaced
~L~ION 93-403
DIS~ ~C~ T~[ ~RCE - ~D
Frank Brutt, Community Development Services Administrator,
explained this item deals with the appointment of members to the
Disaster Recovery Task Force. He recalled the Board adopted this
ordinance tn April which calls for the appointment and ratification of
26 members, who are listed on page 2 of the Executive Summary.
Commissioner Norris ~oved, seconded by Comisstoner Constantine
~ carried un~ni~aousl¥, to adopt Resolution 93-403 ~ppointln~ ~nd
rattFytn~ twenty-slx mab~rs to the Disaster R~cov~y T~ak Force.
Page
Ssptembe~ 21, 1993
~ (~so)
CA~IIVAL PI2~ET 93-3 RE PETITZON C-93-3, KIWANIS CLUB OF ~, ILO.,
I~P~ESTIN~ A PEI~IT TO CONDUCT A CAR]ITVAL NOVeMBeR 6 AID 7, 1993, AT
FLORII3A SPORTS PA~E - APFROVKD
Mr. Brutt notified the Board this ts a standard application for a
carnival permit. He said the Kiwanis Club of Naples, Inc., is asking
for a waiver of the surety bond and all other requirements have been
met.
CommilStour Coutantln~ ~oved, seconded bF Colltlllonlz" Igltthllel
~d c~rt~ ~t~ly, to approve C~tval ~lt 93-3 for t~
~t~t~ Club of Naples, Inc., for a ~t to co--ct a c~t~1 ~
N~r 6 ~d T, 1993, at Flort~ S~rts P~k.
. ooK 000 ,;: 21
Page
September 21, 1993
~EC01~[ENDATXON TO APPROVE EXCAVATION PENMIT NO. 59.410, 'COLLIER
NURSERY' - CONTINUED TO 10/5/93 (RECONSIDERED LATER IN TH~ DAY -
Am'ROVED)
Mr. Brutt explained this'excavation permit must be discussed by
the Board because it deals with several ordinances. He said the sub-
Ject property is 4.5 miles southeast of the I~nokalee Airport and is
for agricultural purposes. He concluded Staff recon~ends approval
subject to the recommendations of the various advisory boards that
have conmented on this application.
In response to Commissioner Volpe, Mr. Brutt stated the parcel is
very large and this excavation ts a continuation of a permit granted
tn 1992.
Answering Commissioner Volpe, Mr. Brutt reported Staff is
satisfied that this conunerctal type operation is an accessory usa to
agricultural uses on this parcel of land or adjacent parcels of land
owned by the applicant.
Con~tsstoner Matthews asked if this excavation ~tll be turned
a functional lake tn the future7
~r. Brut~ indicated he cannot co~ent on ~hat their future
ttons are.
C~i~io~r Norris ~, ~cond~ ~ Co.t~.A~er
to a~=~ ~ca~t~on Pe~lt No. 59.410.
Co~tsstoner Volpe co,anted he does no~ have enough ~nformat~on
to vote on th~s Item, to which Co~tss~oner Matthews a~reed.
~ call for the ~est~on, the ~tton fa~l~ 2/3
Vol~, ~tth~ ~d Sa~der. op~sed).
Co~ie~toner ~tth~ ~ved, ~econded ~ Co~e. lone= Vol~ ~
c~rl~ ~imly, to continus this tt~ to t~ mtt~ of 10/5/93,
~d t~t Staff pr~tde additional tnfomtton.
It. ~Cl
~C~TION ~R ~OV~ 0F ~ AG~~ ~ C0~I~ CO~ ~
Page 12
September 21, 1993
Tom Olltff, Public Services Administrator, explained Collier
County is required by State Statute to pay for the initial examina-
tions of abused and sexually abused children that are administered
through the Child Protection Team (CPT). He said this agreement will
require the CPT to bill Medicaid for all cases as a first source of
funding, and the County will pay those cases which are not Medicaid
eligible at a rate of $100 per examination plus x-ray and lab costs.
He indicated for those cases that are Medicaid eligible, Medicaid will
only pay $50 per exam and when payment is accepted from Medicaid, it
must be considered to be payment tn full. He noted the CPT ia
experiencing increased administrative and operating costs which can be
offset by an additional County contribution of $50 per Medicaid eli-
gible case. He reported a second agreement has been prepared which
includes the additional $§0 per Medicaid eligible case. He indicated
the County Attorney's Office has reviewed this issue and has deter-
mined that the Board may approve either agreement.
Larry Rogers, CPT Attorney, provided the Board with a report con-
raining their projected expenditures. He suggested that 22 percent,
or 52 cases, will be Medicaid eligible and l0 percent may be eligible
for Crimes Compensation reimbursement. He indicated the County will
pay nothing on 76 cases, resulting in a $?,600 savings by pursuing
Medicaid or Crimes Compensation. He reported the problem is that it
will cost CPT between $3,800 and $6,§00 per year for Staff, phone
lines and equipment that must be purchased to pursu~ those other sour-
ces of revenue. He said Agreement #2 is seeking $50 from the County
for each of the cases reimbursement is obtained from either Medicaid
or Crimes Compensation.
Commissioner Volpe asked if reimbursement ~a being sought from the
parents of the child who is allegedly the victim of abuse?
Attorney Rogers explained the Statute provides that the County can
obtain reimbursement from the parents for the medical examination,
however, CPT cannot disclose the information necessary for the County
to bill the parents. He said CPT is bt/ling the parents directly on
Page
September 21, 1993
behalf of the County.
Sacqueline Stephens, Executive Director of CPT, stated they do not
have any information on what the County is recovering from the fami-
lies. She said they send out the bills, but the reimbursement does
not come back through their office.
Commissioner Matthews stated she does not understand why the
County would want to spend $5,000 to seek other sources of revenue in
order to collect $3,800?
Attorney Rogers explained the County will save $3,800. He said by
the County funding the $50 per eligible case, CPT will either break
even or lose a few thousand dollars. At this point, he said, they are
wi/ling to work with this scenario and look at this again next year.
Ms. Stephens explained the types of cases and the children seen
through the CPT each year.
Cm~ts~toner Volpe ~ovsd, seconded by Co~lss~onar ~orrls, to
approv~ A~ree~ent #2 wtth the Child Protection Tea ~nd that & report
be provtded when this Is brought back to the Board next year on the
ftnancl&l fautbtltty of this decision.
Commissioner Volpe reiterated his concern that active pursuit of
payment by the parents continue.
Commissioner Matthews questioned who follows up on whether the
parents ever pay?
Assistant County Attorney Richard Yovanovtch explained his office,
which has served as a c/earing house for this Issue, has had some con-
tact from some families over the course of the past year. He said
they are attempting to pursue this, however, many times they are
dealing with /ow income families and he is not sure whether or not
payment will be received.
Responding to Commissioner Matthews, Attorney Rogers advised that
once the parents have initiated contact with the County Attorneyma
Office, there is no longer a confidentiality problem for the CPT, and
the County is in a position to pursue the matter. He added he will
continue to work closely with the County Attorneyts Office to obtain
Page
September 21, ~993
relmburee~ent.
Upon call for the question° the motion carrled~lmouoly.
September 21, 1993
(1119)
1t~2
I~CO~B~E~DATION TO APPROVE THE TRANSFER OF MUSEUM CAPITAL FUND~ TO
DEVELOP & MASTER PLAN FOR THE RESTORATION OF TB~ HISTORIC ~GLADE~
CITY LAUNDRY, PROVIDE I~B~EDIAT~ UTILITY RHPAIRS FOR THE E~ISTING
~"FRUCTURE, AND COMPLETE CONSTRUCTION OF THE MUSEUM r.~CTURE HALL
THROUGH THE FRIENDS OF TH~ MUS~M - APPROVED
Mr. Olltff explained this request for a budget amendment is before
the Board this date because these are capital funds which will not
roll over at the end of the fiscal year if they are not encumbered.
He noted these two projects have been seen by the Board before. He
said the first ts the Everglades City satellite museum which ts tn the
old laundry facility. He reported the work that currently needs to be
done is structural In nature which Staff estimates will cost
approximately $90,000 to $100,000. He indicated the second project,
the small Lecture Hall to be built directly to the east of the
existing exhibit hall, has a total budget of $133,000. He said Staff
is requesting that $46,500 of what was the Roberts Ranch project be
moved to begin construction of the Lecture Hall. He noted the Roberts
Ranch project ts on hold because the family is not in a position to
deed the property to the County.
Cc~m/sston~r ~tthew~ ~ov~, ~econ~ ~ Co~immioneF ¢~t~tine
and carried unani~ously, to approve a budget am~rnd~ent to transfer
Museu~ capital funds to develop a comprehensive ~aster plan for the
restoration of the historic Everglades Ctt~ laund~F buildin~, provide
for Immediate utility repairs to the exlsttn~ mtructure, and complete
construction of the Museum's lecture hall through the Friend~ of the
Responding to Commissioner Volpe, Mr. O//iff agreed to provide the
Board with an update on the status of the Indian Village at the Museum
grounds.
(x2g~)
K~OLUTION 9S-&04 AM~NDIN~ I[E$0LUTIOH 92-224 A~D ESTABLISHIN~ A FEE
FOE TH~ ~ZCENSI~G OF DO~S AND CATS - ADOPTKO
Mr. Olltff presented an amendment to the fees being charged by
local veterinarians who adm~nister the County's licensing program for
~OOK O~OPA~£ 59 Page 16
September 21, 1993
dogs and cate. He pointed out that 96 percent of all licensing
done through the local veterinarians. He indicated the cost for a
license wae recently increaeed for a non-neutered dog to $20 to put
more emphasis on having doge neutered. He said the veterinarians ori-
ginally agreed that the increase was reasonable, however, upon appli-
cation they feel it is too high. He stated they are now requesting
that the Board amend the fee to $7 for the first year of licensing,
regardless of whether or not the animal is neutered; and $12 for an
annual license for a non-neutered animal from that point forward with
possible increases in the future.
Commissioner Constantine questioned why the current $6 fee for
neutered animals te being increased to 87?
Mr. Olliff agreed that the fee for neutered animals will remain at
$6.
Commtamtoner Norris Bayed, ucond~d by
carriedunanimous3¥, to approve the new fee schedule as aaended that
the fee for neutered animals ~tll be Sa annually, thereby adopting
Resolution 93-404.
Page 17
Mr. Olltff reported this Item was removed from the consent agenda
to request that the Board make a small revision or allow Staff some
leeway tn terms of the actual easement document. He described the
site as a small area directly west of the Clam Pass boardwalk parking
lot which provides canoe access into the Outer Clam Bay system. He
noted as part of a Westinghouse agreement, they are obligated to pro-
vide an easement to the County for the public to continue to use what
has been a public canoe launch site for a long period of time. He
advised, however, the easement ts so narrow that there ts not enough
land to rebuild a primitive launch should the need arise. He stated
Westinghouse does not have a problem with expanding the easement to
incorporate an additional 10 to 15 feet to the north of what ia the
boat dock. He reported should the County not be able to access the
property, which has historically been a primitive boat dock to the
south, Staff will construct a new primitive boat and canoe launch by
simply removing small vegetation at the waterts edge. He asked for
the flexibility to expand the easement to Incorporate that additional
land.
The following person spoke regarding this Item:
Carter Straton
Commissioner Norris moved0 eecondedbyComm~metoner Volpe and
carrted un~ni~ou~ly, to approve Staff's recommendation to ~ th~
emoeBent for the canoe launch.
63'
Page :18
September 2~. 1903
(25os)
REC(NOIKI~D&TION TO KNT'ER IIFTO THRKX COI, S4~RCIAL/IIrDUSTRIAL LOAD COJFTROL
PRO(IRI~&(3RKI3iKBTS WITH FLORID&POWKR& LI(IHT COMPAI~-APPROVKD
Commissioner Constantine questioned if the County will be paying
less for electricity under this agreement?
Fred Bloetscher, Assistant Utilities Administrator, responded
under these load control agreements, if the County provides back-up
power to run a facility and Florida Power & Light Company (FPL)
undergoes a brown out or an electrical problem, FPL gives the County
notice to go to auxiliary power, He Indicated if the County lo able
to do that, FPL gives a credit of approximately 15 percent of the bill
for the year.
Commissioner Constantine moved, seconded by Commissioner Matthews
and carried unanimously, to enter into three commercial/industrial
load control program agreements with Florida Power a Light Company.
Page 19
~ep~emDer 21, 1993
R~PORT R~ARDING ROSEMARY CEMETERY - STAFF R~COg~ENDATIONB APPROVED
AND STAFF DIRECTED TO INVESTIGATE ~OEALEE CEMETERY SITUATION
Sandra Taylor, Real Property Director, explained that initially,
Staff researched the relocation of the Rosemary Cemetery to other
sites; however, due to the County Attorney's opinion as to
tion of the next of kin or the necessity of a court order, that alter-
native was abandoned. She Indicated it is Staffts recommendation that
the cemetery be improved through the list of improvements contained in
the Executive Summary.
Commissioner Volpe inquired how will the access Issue be
addressed?
Ms. Taylor suggested that Staff work with the developer in pro-
viding an easement of record for that purpose.
Coati.loner Constantine ~oved, ~econded by Co~dlm~oner
to approv~ Staff's recommendations as listed tn the Executive
The following people spoke regarding this item:
Carol Dyches Lowe Mary Brtster
Upon call for the question, the ~otion car~tedunant~u~l¥.
Commissioner Saunders referred to a request by Ms. Brtster
regarding the Immokalee Cemetery and suggested the Board direct Staff
to look into that situation.
Commillioner Matthews moved, seconded bF Co~isslone~ NozTAI
carriedunant~ously, to direct Staff to investigate the Mtntenance of
ce~etm~ in I~okalee.
(177~)
Item d~E2
REcMem3mAT~0N TO ESTAbLiSH ~ROOP HZALTH SELF-INSURANCE PLaX
RATES FOR FISC2LL YEAR 1904 - APPROFED
Leo Ochs, Administrative Services Administrator, referred to the
Board meeting of September 14, at which time Staff recommended that
the Board reduce the 1994 budget for medical plan costs by $800,000,
resulting primarily from a series of recommended Internal plan design
Page 20
September 21, 1993
changes that would shift part of the burden for the increase tn costs
away from the Board to the employees. He specified that Staff ie
recommending a multiple option approach that will al/ow employees to
choose from among three different plan design options, each with
varying levels of deductibles, out-of-pocket expense limitations and
contributions from employees for dependent coverage. He recalled in
considering that issue on September 14, the Board asked Staff to pre-
pare an analysis of the potential financial Impact on the cost
shifting, relative to the proposed three percent wage adjustment
appropriated in the tentative FY 94 budget. He said Staff has pro-
vided a brief analysis, using the current annual median salary of
$22,500. (Copy not provided to the Clerk to the Board.] He indicated
when the increased contribution for dependent coverage is applied
against the after-tax three percent adjustment using the median
salary, the net.salary increase ranges from 1.93 percent using the low
option medical plan, to a negative .92 percentage for the high option
plan. He acknowledged, however, that steps do need to be taken to
control the increase in the group medical plan costs.
Commissioner Constantine recalled the Board asking for a com-
parison to other governmental entities and private industry.
Mr. Ochs stated in both the public and private sector, these kinds
of increases are being seen in the internal plan design as well as the
move to shift more of the burden of the costs for the program to
employees. In addition, he said, managed care is another option with
additional potential savings to next year's tentative budget that can
be investigated.
Commissioner Volpe asked Mr. Ochs to summarize the three options.
Mr. Ochs reported the high option will allow employees to maintain
the current benefit levels while contributing considerably more to the
coverage; the medium option offers employees a plan for approximately
$96 per month as opposed to the current $65 per month, which consists
of a higher deductible, higher out-of-pocket expense limitations and a
reduced employer to employee co-payment from the current 80/20 percent
Page 21
September 21, 2993
to 70/30 percent; the low option plan will allow employees to maintain
the current $65 per month contribution for dependent coverage, but
will potentially have a higher deductible and a higher out-of-pocket
expense limitation.
Commissioner Volpe asked for clarification that for existing
employees to maintain exactly the same coverage they have today for a
family, it will cost them an additional $83 per month, to which Mr.
Ochs responded in the affirmative.
Commissioner Matthews suggested there must be other options
available. She said many families cannot afford that kind of increase
and at the same time cannot afford not to have the medical coverage.
Mr. Ochs advised the tentative FY 94 budget contains sufficient
funds to cover the costs of the benefit plan as it currently exists.
Commissioner Saunders commented many questions need to be
addressed in the coming months with regard to providing health
insurance to employees. He suggested that the current plan and co-
payments be maintained whale this subject is being debated.
Responding to Commissioner Constantine, Mr. Ochs stated the
Sheriff has not made a final decision on whether to stay with the
Board's plan or obtain independent health insurance. He mentioned if
they do embark on their own plan, it will be effective January Z,
1994, which will present problems to the Board.
Commissioner Matthews asked why all governmental entities in
Collier County cannot be pooled to provide the least expensive, best
service possible?
Mr. Ochs indicated for certain aspects of medical coverage, such
as managed care, the City of Naples, the School Board and the County
can work together; however, benefit plans at both the City and School
Board are part of negotiated labor contracts and may contain a level
of benefits the County is not willing to provide. He said if the
Board is willing to look into that aspect, a totally consolidated plan
can be discussed.
In answer to Commissioner Volpe, Mr. Ochs stated the Board must
Page 22
September ~l. ~993
advise Staff whether to consider only local managed care possibilities
or to expand the investigation outside this community. He said the
City and School Board may not be willing to discuss any options out-
side the community.
Commissioners Saunders and Matthews stated they would like Staff
to investigate local managed health care provider proposals first
before looking beyond the community.
Commissioners Volpe and Norris indicated their belief that the
local providers need to be given an Incentive, and regional oppor-
tunities need to be explored in order to present a comparison to any
local plans.
Commissioner Constantine asked to be provided with specific Infor-
mation as to what other government entities and private industry are
doing.
Mr. Ochs agreed to provide 1993 data as soon as it is available.
The following people spoke regarding this item:
Jane Varner Dick Siegel
Jeff Walker, Director of Risk Management, reported in terms of
1992 rates, 65 employers along the west coast were surveyed. He said
the average single rate was $181, while the average single rate for
Collier County was $155. He said family rates were 8378.69 while the
same in Collier County was $392.
Responding to Commissioner Saunders, Mr. Walker stated the survey
indicated the average employee contribution for family coverage of
$154 per month, with Collier County employees contributing $65 per
month. He added for entities surveyed tn Collier County, the average
family contribution was $125 per month.
Tape ~
Commissioner Volpe suggested the Board look at having the single
employee make a contribution to the health plan.
Answering Commissioner Constantine, Mr. Walker reported of the 65
entities surveyed, only eight were charging for single coverage. He
said single rates ranged from $3? to $1! per month.
~OOK OCOPA~£ 93
Page 23
September 2X, X993
Mr. Walker concluded that Staff has devised three options to give
employees a choice of coverage while reducing the budget by $800,000.
Commissioner Constantine ~oved, seconded by Co~missioner Volpe and
carried nn~ni~ously, to continue the ~rent health pl~, lncre~ the
e~l~ contrt~tton for f~lly coverage to 890 ~r ~nth ~d obtain
~re ~fomtton for c~ges to the overall pl~.
It was the consensus that Staff wtll return tn eight weeks with
Information regarding managed health care, both locally and at the
regional level; why the majority of employers surveyed are not
charging for single coverage; a comparison of premiss, contributions
and dest~ of various health plans being utilized; and small providers
to be Included along with Naples Co~untty Hospital tn the con-
stderatton of a managed health care plan.
*** ~ Clerk Hoff~ replaced ~cordtng Secret~ ~tn
at this rise ***
It~II
A~ B~ COLLI~ CO~ ~ ~ DEP~~ OF C~X~
~ C~S~ ~~ ~A~ ~ (C~) - ~~
Commissioner Constantine questioned whether this Agreement is con-
nected in any way to the Small Generator Hazardous Waste Program.
Environmental Services Administrator Lorenz stated that this
Agreement has no connection to the Small Generator Hazardous Waste
Program, although it does have the word "Hazardous" in its name. He
advised that this program is performed by Emergency Services in
dealing with hazardous materials on site. He explained that In the
event of an emergency, i.e. fire, the quantity and type of materials
to be dealt with are known.
Oo~iuloner C~tantine ~oved, seconded by Co~taaloneF NOZTiS
~n~ c~Tle~ nn~nt~onely, to approv~ the A~ree~ent between the State of
Flortd~ Dep~r~nt of Co~ntt-F Affairs and Collier County fo~ the
update of the Hazardous Material Response Rle~ent of the Co~prehensive
F~ergemcyM~nage~ent Plan.
Page 24
September 21, 1993
(e6~)
MULTI-T'W~ CO~t~ULTIN~ CONTRACT ~TH POST, BUCI~LNY, $CHU~ & J~lq~(~,N,
~NC. TO ADJU'~F LABOR RAT~S FOR LANDFILL DEVeLOPMeNT FRO.T~CT -APPROVED
~ MOD~D ~T~T~ & NOT-TO-~CEED F~GUR~ O~ $45,697.17
Environmental Services Administrator Lorenz stated that this is an
update to the original contract of May, 1991, with Post, Buckley,
Schuh & Jerntgan, Inc. (PBSJ). He indicated that the original
contract allowed for an annual adjustment of the labor rates.
Mr. Lorenz revealed that tn July when the Board directed staff to
conduct a workshop, the services of PBSJ were engaged and they pre-
pared the necessary information. He noted that it was at this time
that PBSJ requested that the labor rates be adjusted. He remarked
that these rates will not affect the Landfill Development Report,
however, they will affect the charges for preparation of the workshop.
Additionally, he noted if the consultant ts to be engaged for any
other work tn the future, the adjusted rates would be applied to any
new and future work.
Commissioner Constantine questioned whether there is the ability
to cancel the remainder of the contract, to which Mr. Lorenz replied
in the affirmative.
Comm.tlsio'~ Cor~tanttne ~oved, to caLncel the
contract. Motion failed for lack of m second.
Mr. Lorenz suggested that the Board hold open the option of using
PBSJ tn the future. He reported that there is the possibility for the
need of consulting services to prepare RFP's for an action plan or for
some of the additional work.
Commissioner Volpe remarked that certain services will not be
required of the consultant, tn view of discussions that occurred at
the workshop. He asked the dollar amount of the services contained tn
the amendment that would no longer be necessary. Mr. Lorenz replied
that ex~ert testimony tn the amount of $24,779 will no longer be
required.
~~ner Volpe ~oved, seconded b~ Co~lssioner
~ 25
Sspteaber 21, 1993
c~rrted ur~nt~ousl¥, to approv~ the ~odtflsd ~end~ent to the aisttng
contract with Post, Buckley, Schuh & ~erntg~n, Inc., ~utho~tztag the
?uk 1.a Additional Consulting Services tn ~n ~ount not-to-~xceed
$45~697.17.
Page 26
September 21, 1993
Item
FE~S~ATIO~ OF TI~ COURTY'S SIXTH ANNUAL T~L~HON~ SURVE~ OF
I~GZ~I~:B~DVOT~RS IN COLLIER COUNT~ -
Mr. Chuck Mohlke of Fraser and Mohlke Associates, appeared on
behalf of the Institute of Government. He requested that the Board
accept the report of the Countyfs Sixth Annual Telephone Survey.
Commissioner Constantine thanked Mr. Mohlke and the League of
Women Voters for their participation in the survey.
Comutastoner Constantine moved, seconded by Commissioner NOrTtI
and Ca~Ttadunantmously, to accept the Sixth annum! Telephone SuFvey
of the Registered Voters tn Collier CGunt~.
Item ~H2
MANA~EN'S CAPITAL PROJECTS CONSOLIDATED PLAN - STAFF AND MANAGER TO
COM~ Ba~E IN 21 DAYS WITH MOR~ DETAIL
Assistant County Manager Hargett recalled that the proposed
Capital Projects Consolidation Plan was discussed at the September 14,
1993 meeting and the Board requested five sources of information that
staff is prepared to respond to. He indicated that information Inclu-
des: an outline of the proposed work program; evaluation of the cost
difference between private sector professional servlcea and county
professional services; reconcile staffing projections that had been
presented; address the owner/client relationships that would exist
between the Divisions; and look at the downgrades as proposed and how
they will be handled in the new organization.
Office of Capita/ Projects Management Director Conrecode referred
to a handout summarizing the supplemental information, as requested by
the Board.
Mr. Conrecode explained that Tab A depicts each project tn the
proposed work plan, and noted that each project engineer will be
managing ? projects concurrently.
Mr. Conrecode stated that Tab B relates to a comparison of the
hourly rate schedules for numerous consultants currently under
Page 27
September 21~ 1993
contract and the County's hourly rates if those services ars to be
performed in house. He reported that there are four different cate-
gories of charges ranging from $40 - $5?.
Mr. Conrecode stated that an example of estimates of roadway pro-
Jects relative to in house design costs and the cost of same provided
by local consultants is summarized in Tab C.
Mr. Conrecode pointed out that the reconciliation of staff projec-
tions is addressed in Tab A. He remarked that there te approximately
$500,000 of design work being done in house currently.
In response to Commissioner Constantine, Mr. Conrecode explained
if the new. plan is approved, one-half of the work will be done in
house.
Commissioner Constantine remarked that he would like to get to the
point fairly quickly of having a substantial number of projects done
An house to reduce the dollar amount for consultants being brought in.
A discussion ensued with the regard to Proposed Position
Downgrades as reflected on the last page of the report and the current
salaries and proposed salaries for same.
Commissioner Constantine voiced concern with regard to maintaining
motivation for those employees with salaries that would be frozen for
five years. Mr. Conrecode revealed that five of the positions are at
the maximum which means they would not be eligible for any Increases.
Commissioner Constantine recalled that at the meeting of September
14, 1993, he was advised that there are currently eight vacant posi-
tions. Mr. Conrecode stated that there are etght Transportation and
Engineering vacant positions.
Mr. Conrecode referred to Tab D which reflects a Micro Work Flow
and a Macro Work Flow.
The following persons spoke with regard to this item:
George Keller
Rtta Ava/os
Commissioner Saunders questioned the plan for the physical loca-
tion of the staff of the proposed consolidation plan. Mr. Conrecode
Page 28
September 21, 1993
remarked that the Office of Capital Projects which currently occupies
the Second Floor of Building F will move Into Building D and the
Transportation Division would move into the space on the second floor.
Commissioner Saunders related that his feeling ia that the people
that will be affected by this consolidation plan will feel that their
positions have been downgraded. He stated that the idea of having
more communication and sharing the work load is a good idea, but noted
this particular consolidation plan may not be getting the County where
it needs to be.
Commissioner Volpe reported that he is supportive of the concept
of consolidating the Capital Projects Office, however, the alternative
would be to leave these positions in the various departments in which
they currently exist. He cited that middle management has been e/Ami-
hated in this process and there is the potential for el~nificant cost
savings.
Commissioner Constantine explained that he supports utilizing in
house civil engineering as much as possible, for a considerable amount
of cost savings. He pointed out that the plan, as laid out, does not
convince him this is the one to do that but the concept is appealing.
He suggested that the eight vacant Transportation/Engineering posi-
tions be cut out of the budget for this comin~ year and ask the
Manager to bring the plan back in a better format.
Commissioner Constantine stated that he would like to see more
definition of the dollar amount, and a plan where the county will be
assuming 40~ - 50~ of the projects.
Mr. Conrecode advised that the projects that have a/ready been
designed by the consultants must be completed. He revealed that he
cannot remove a county staff member from those proJecta and let the
consultant go with it e~nce the County has to provide acme ~upervtalon
and oversight.
Mr. Hargett discussed the terms of leaving the or~anization as Ia
with the current level of responsibilities and road improvement pro-
Jeers and requested the opportunity of looking at the impact of
Page 29
September 2X, ~993
cutting the eight transportation positions. He remarked that the
elimination of those positions was contemplated only in terms of a
consolidated department.
Ta~m#4
Commissioner Saunders called attention to a memorandum from
Transportation Services Administrator Archibald to County Manager
Dorrill dated July 26, 1993, stating "It ks assumed that the proposed
reorganization is intended to reduce costs by reducing the County's
Engineering staff, reduce costs by downgrading County Engineering
levels/pay ranges and reduce the total project time by reducing the
review and decision making activities by the County and increase the
reliance upon consulting services..." He noted that Mr. Archibald
further states that he feels those goals may be attained through
consolidation and suggests an analysis to go through in reference to
the function, capacity and costs so the top management can assess the
value of the proposed cost savings with the risk of increasing project
costs and the risk of increasing administration costs along with the
sharing accountability of engineering responsibilities as set forth in
Florida Statutes 471.
Co~mAssioner Saunders reported that Mr. Archibald's memo lists
several concerns including the loss of key staff people,
Commissioner Saunders advised that he has no objection to the con-
cept of reorganization but noted this does not necessarily mean there
will be an absolute dollar savings in terms of salaries. He cited
there may be more expense in terms of salaries and support. He
revealed that the objective is to have a better work product, even out
the flow of work, and reduce to the greatest extent possible the
reliance on outside consultants. He indicated he does not see the
necessity of freezing the positions.
A discussion ensued with regards to cutting the eight vacant posi-
tions.
Budget Director McNees reminded the Board that the eight transpor-
tation positions were created to fund road deficits and took place at
000 , 130
Page 30
September 2~, 1993
the same time as the referendum for the one cent local option sales
tax, which did not pass. He reported that a County-wide Special
Assessment District was budgeted to pay for the eight positions,
however, this subsequently died. He advised that the road capita/
projects are funded for FY 94 and if the eight positions are cut, the
work will still need to be done and therefore, a like amount of money
would be needed for either a contract service to an outside engi-
neering firm or to transfer funds to Capital Projects to do that work.
Co~taaloner Constantine ~oved, seconded by Comisetoner
and carTied unant~,o~;mly, that staff and the Manager co~e back in 21
da~swtth~rw data/! regarding the dollars and cents, efficiency of
the p~-e~e ~nd the i~pact on the
CONTIt~'f A~REEMENT FOR TO~IST D~LO~ T~
Commissioner Saunders announced that this Item is in reference to
Swamp Buggy, Inc. funding. He recalled that the County Commission
approved the funding at the rate of $2?,469. He indicated that final
approval is being requested since various functions will be taking
place in October.
Budget Analyst Smykowski reported that Mr. Vaccaro from Swamp
Bugg~ Day, Inc. needs to begin securing advertising. He explained
that under the administrative guidelines of the Category C program
which promotes tourism, this may not be secured until the contract
documents are signed.
Mr. Gene Vaccaro called attention to Section 13 of the contract,
providing for Reimbursement of Grant. He Indicated that he interprets
the language as meaning ~f the event nets $13,000+ over and above the
costs to operate same, that money would be given back to the County.
He remarked that there is the possibility of losing money by receiving
TDC funding. He noted if only $2,000 is made, that amount would have
to be refunded back to the TDC. He remarked that he has bean obli-
Page
September 21, 1993
gated to purchase Insurance, prepare documentation and open a separate
checking account. He Indicated that these types of expenses are not
honored tn the contract.
Mr. Vaccaro stated that it takes about $30,000 in profit per Swamp
Buggy Race three times a year to pay the Florida Sports Park enough
money for the facility to exist. He revealed that it costs approxima-
tely $200,000 per year to operate the Sports Park.
Mr. Vaccero questioned whether the $30,000 averags per event could
be used as a cost for doing business.
Assistant County Attorney Yovanovtch explained that Swamp Buggy
Days, Inc. submits an Invoice to the Board for expenditures and if it
ts determined that they received some expenditures and made a profit,
they will have to return same. He noted if there are outstanding
Invoices, they may not submit an Invoice for that.
Commissioner Matthews questioned whether the Florida Sports Park
can bill Swamp Buggy Days, Inc. for the use of the facility for set up
time, use time and tear down period and this could become a legitimate
expense for the activity. County Attorney Cuyler stated that he sees
no reason why this could not be done.
County Attorney Cu¥1er stated that the policy ts established by
the TDC and the Board of County Commissioners and for purposes of the
contract and until directed otherwise, he assumes that policy ts tn
place. With regard to reimbursement, he noted the term "acTual cost"
tn Section 13 may give Mr. Vaccaro some leeway to add some additional
costs and thereby raise that figure and lower the profit figure.
Commissioner Matthews noted that Mr. Vaccaro and his staff are
employees of the Florida Sports Park and not of Swamp Buggy Days, Inc.
She cited that she does not understand why Florida Sports Park cannot
rent the services of its employees to Swamp Buggy Days, Inc.
County Attorney Cu¥1er questioned whether Mr. Vaccaro desires to
move forward, without having the complete answers to hie concerns at
this time. Mr. Vaccaro explained that he has to move forward and
begin advertising immediately.
Page 32
September 21, ~993
Commissioner Saunders stated that he believes it would be incum-
bent upon Mr. Vaccaro, after the project is completed, to provide the
County with a 1/sting of the actual revenues and actual costs.
Commissioner Saunders questioned whether actual costs are defined
tn the contract. Assistant County Attorney Yovanovich stated that
actual costs are not defined tn the contract. Commissioner Saundere
remarked that rental of property ts certainly a part of the actual
costs.
County Attorney Cuyler concurred that some rental value should be
c/early acknowledged as an actual cost.
Commissioner Constantine stated that part of the rental fee of the
facility could Include the services of the employees as well..
~i~Aoner Norris loved, seconded by Cosiesioner Matthe~ to
appr~v~ the contract agreement for Tourist Development Tax funding
with ~ Buggy, Inc.
Commissioner Volpe suggested that there has to be uniforl guideli-
nes for everyone.
Upon clll for the question, the ~otion c~ried unlmilol~ly.
,OOK 000, :133
Page 33
September 21o X993
(1~$o)
Ztrm~8~4
TRIRD QUARTER REPORT ON N&30R COUNTY R~,lrrHU~S - ACCePTeD
Budget Director McNees called attention to the Revenue Report,
second to the last column on the right. He advised that these are the
numbers that were built into the Tentative Budget based on the fore-
cast of the revenues last April. He noted when comparing that column
to the FY 93 Estimate Column and taking the difference of same
reflects the variance as shown in the far right column. He explained
that the Half Cent Sales Tax and the State Revenue Sharing total $1.5
mi/lion that the County will have available to carry forward into FY
94 that was not anticipated.
Mr. McNees stated that he will be seeking the Board's direction
as to whether the $1.5 million should be used to roll back ad valorem,
build up Reserves or fund any particular programs, as des/red.
· o ~cttonwas taken on this item.
(264s)
lt~#lOA
RESOLUTION 93-405 APPOINTING/RE-APPOINTING CHRISTINE STRATON, PATRICE
NEAL~, PAUL HINCRCLIFF AND DAVID WILKINSON TO THE ENVIRONMENTAL
ADVISOI~EBOARD - ADOPTED
Administrative Assistant to the Board Ftlson reported that there
currently are two vacancies on the Environmental Advisory Board due to
the rest~nation of two members. She pointed out on September 30,
1993, there will be an additional two vacancies for the terms of
Patrick Neale and Christine Straton.
Mrs. Ftlson advised that a press release was issued and resumes
were received from ten applicants. She revealed that staff is recom-
mending the re-appointment of Christine Straton and Patrick Neale and
the appointment of Paul Htnchcltff and David Wilkinson.
Commissioner Norris ~oved, seconded by Co~alsstoner Matthew~ and
carried 4/0 (Co~issloner $&unders out), to approve the appointment/
re-appo/nt~ent of Christ/ne Straton, Patrick Nemle, Panl Htnchcll£f
and D~vtd #tlkinson to the Environmental Advisory Board and that
Resolution 93-405 be adopted.
Page 34
September 21, 1993
(legs)
I~SOLUTION 93-406 ~PPOZNTIRG EI:~L/t~RD DAY ~ RUSSELL BUDD TO THE
COLLI~ COUI~I~ FLAILING CO~ISSION - ADOPTED
Administrative Assistant to the Board Ftlson stated that on
October 1, 1993, terms will expire for three members of the Planning
Commission. She related that a press release was issued and resumes
were received from ten applicants.
Mrs. Fi/son announced that staff is recommending the appointment
of Karen Larson, Raymond Link and Ronald Rumbaugh.
Commissioner Norris recommended the appointment of Edward R. Day,
Jr., for District 1.
Commissioner Constantine recommended the appointment of Russell A.
Budd for District 3.
Commissioner Matthews stated that she would like to see Mr. Fred
Thomas re-appointed for District 5 due to his experience of presently
serving on the Planning Commission.
Commissioner Volpe questioned whether Mr. Thomas can appropriately
serve on the Planning Commission due to his position with the Collier
County Housing Authority in addition to being under contract with the
County to provide certain services.
County Attorney Cuyler stated that he does not believe there ts a
conflict, but noted he will discuss same with Mr. Thomas and the
Section 8 staff. He suggested that the appointment for District 5 be
continued for one week.
Cg~m~t~n~r Norrt~ ~ov~d, seconded by Commtsetone~ Voll~e ~nd
carried unanimously, that Edward Day and Russell Budd be appointed to
the Collter Count~ Planning Co~atsston and that Reeolutton 93-406 be
adopted.
159
Septeuber 21, ~993
A~THOJL~T~OJI' FOR COt~ISSIONKR NORRIS TO RKPRESKHT THE BOARD 13UFRONT
OF THE J'LORI~ (IAM~ AND FRKSH NATKR FISH COMMISSION CONCKRB~ SAND
DOLLAR FKNINSULA - APPROVKD
forms tn front of Ttgertatl Beach and eventually with storm conditions
rolls Itself up on to Marco Beach and becomes a new beach and a new
p~ece of the Island.
Commissioner Norris stated that because of evidence of bird
nesting on this Island, the Florida Game and Fresh Water Fish
Commission (FGFWFC) has made this a controlled wildlife area. He
remarked that this ts no longer an island and has attached ~tself to
Marco Beach and ts now a peninsula.
Commissioner Norris advised that the FGFWFC has expanded the cri-
tical wildlife area onto part of the renourished area on Marco Beach
and they are excluding human activity from the portion of the
recreational beach that was renourtshed.
Commissioner Norris requested that he be authorized to represent
the Board tn Tallahassee on September S0, 1993, to convey the message
that Collier County prefers to have the beach remain open as a
recreational area. In addition, he suggested that the Chairman com-
municate same in a letter to the FGFWFC.
missioner Constantine moved, seconded by Commissioner Matthme~
and carried unanimously0 that Co-missioner Norris bo authorized to
represent the Board tn front of the FOFWFC and that a letter bo for-
warded from the ChatrBan expressing the Countyes desire to have the
beach r~Bm~n open.
,,oo 000 ,,,,:'16i
Page 36
September 21, ~993
(227~)
P~gTZTXOll A11-95-1, MICHAEL A. DEWZTT &RD 3&SON JOID~RSON R~QIFESTZNG A
300 FOOT~ FROIq TH~ MINIMUM REQUIRED SEPARATION OF 500 ~ B~T-
~ FL&CI~ ~RVXRG ALCOHOLZC BEVERAGES AND A DAY C&R~ C~NT~R FOR
MZCI~Y ~ BILLIARDS &ND GJO~E ROOM LOCAT~D AT 10063 TJUq~JU~Z TRAZL
Legal notice having been published in the Naples Daily News on
August 8, 1993, as evidenced by Affidavit of Publication filed with
the Clerk, public hearing was opened.
Commissioner Saunders recalled that this item was heard on August
24, 1993. He noted that Commissioner Matthews was not present and
there was a 2/2 vote with Commissioner Volpe and himself opposing the
~Tanting of the variance.
Commissioner Saunders stated that this is a request to obtain a
variance from the 500 foot setback of an establishment selling alcoho-
lic beverages and a day care facility. He reported that there is a
public right-of-way of 60' and a vacant lot between the proposed
establishment and the day care center. He indicated that the peti-
tioner has agreed to install a 5' high opaque fence.
In response to Commissioner Matthews, Planner Mulhere indicated
that there are circumstances when waivers have been granted. He
remarked there has been an occasion when a major right-of-way was the
separating boundary, but noted the distance was 120' - 130'. He
remarked that the day care center was in operation prior to the sub-
Ject business.
Mr. Michael Dewitt advised that he 18 willing to modify the hours
of operation or modify the hours of the sale of alcohol in order to
alleviate any situations with the day care center or the surrounding
neighbors. Ne said he has made concessions to sell alcohol in con-
Junction with the sale of food and in conjunction with the galaes and
video equipment. He remarked it is not his contention to operate a
bar.
Commissioner Norris questioned whether any objections have been
received. Mr. Mulhere replied that staff has not received any obJec-
000 , 163
Page 37
September 21, 1993
tlons to the petition.
Commissioner Norris questioned whether the petitioner is willing
to stipulate that alcoholic beverages would not be sold for at least
30 minutes after the closing hour of the day care center. Mr. Dewttt
replied tn the affirmative, noting that he has no problem with selling
alcohol after 6:00 P.M. since the bulk of his trade takes place in the
evening.
Commissioner Saunders remarked that he has repeatedly asked staff
if the 500* separation makes any sense at all and staff has replied in
each instance that it does make sense. He noted If the 500v separa-
tion does make sense it makes no sense at all to grant a variance
under these circumstances.
Commissioner Volpe stated that he concurs with Commissioner
Saunders" comments.
Mr. Dewltt provided photographs of the building showing the view
from U.S. 41, Flortdan Avenue and Dixie Drive. He revealed that there
is C-4 zoning on all four sides of the subject property.
Mr. Ray Brill spoke with regard to this item.
There were no other speakers.
Commissioner Saunders announced that the public hearing ts closed.
Co~tmsloner Norris moved, seconded by Coutmetoner Constantine to
~prov~ Petition AW-93-1, with the additional stipulations that no
alcoholic beverages will be sold until mt least 30 minutes after the
closing hour of the neighboring day care center. The ~otion failed
2/3 (Co~isstonere Volpe, Matthews and Saunders opposed).
BO&RDC~<~ITI'COONTYCOI"O~ISSZOR~I~.S~ COI~ql;TRIC&~ZO~S
Commissioner maunders called attention to the issue of the rental
of voting machines from the County. He remarked that for elections on
Marco Island, a percentage of the ad valorem budget from the City is
paid in addition to rental of the equipment to be used. He Indicated
that the City has suggested that consideration be given to waiving the
ooK 000 , 164
September 21, 1993
fee to utilize the voting equipment, however, they will pay for the
materials that are being used.
Commissioner Volpe suggested that before the Board approves a
change to the contract with the City, there should be a discussion
with Supervisor of Elections Morgan.
Commissioner Constantine remarked that last week there were
discussions with regard to the vacant positions.
Commissioner Matthews stated that this issue will be discussed at
the budget heartng on September 22nd.
Commtesioner Constantine indicated that he cannot recall whether
a time frame was given to staff with regards to reporting back with
alternatives to be pursued in conjunction with discussions at the
Landfill Workshop.
Commissioner Volpe reported that he be/levee that staff was given
the direction to report back in slx weeks.
lte~&S
RECO~ID~ltATION OF EXCAVATION PERMIT NO. 59.401, ~COLLIElt ~RO
N~- APPROVED SUBJECT TO STIPULATIONS
Community Development Services Administrator Brutt remarked that
during his presentation of Agenda Item #8A3 earlier in the meeting, he
was unable to address al/ of the Board's concerns. He revealed that
David Wilkinson, Engineer for the applicant, was unavailable at that
time but is now present.
Mr. Brutt requested that the Board move to reconsider this item.
~i~st~ner Matthews ~oved, seconded by
CaZTtedunani~m~l¥, to reconsider the continuance of Agend~ Xte~#8A3.
David Wilkinson, representing Collier Enterprises, stated that he
understands Commissioner Volpe had questions concerning the excava-
tion. Relating to the depth of the excavation, he advised that this
will be approximately 20', however, a majority of the area and some
areas that were previously disturbed many years ago will have a depth
of 10'.
000 , 165
Page 39
September 21, 1993
Mr. Wilkinson announced that once the mining operation
complete, the excavation area will be used as a surface water ~anage-
ment lake for the Collier Oro Nursery. He noted that there is a
oypress wet/and on the western portion of the site that w111 be
enhanced by the addition of surface water being pumped into this exca-
vation and held there for a specified period of time.
In response to Commissioner Volpe, Mr. Wilkinson stated that the
material that Is extracted from the excavation will be accessory to
the agricultura! use of Collier Enterprises' property for constructing
roads within the groves.
C~mtoner Matthe~ ~oved, meconded by CmLsmLone~ No~m ~nd
c~rried~mni~ously, that Excmv~tion Per. it No. 69.410,
*** C~ssi~r Coat.tins ~ed, ~cond~
V~I~ ~ c~rrted ~t~ly~ thst the foll~t~ its
~ the cogent s~n~ ~ ~r~ed ~d/or ~t~:
FIN~ ~T OF NO~R~ DRI~ - WI~ STI~TIONS
Item #16A2
SeePages 17_5--
REC0~E~DATION TO TERMINATE THE CONSTRUCTION AND MAINTENANCE A~RE~MENT
OF SUBDI"~I$ION IMPROVEMENTS FOR BRIARWOOD PLAZA, PHASE I AND R~TUR~
THE DEVELOPER'S CONSTRUCTION SECURITY
RECOI~DI~G OF THE FINAL PLAT OF 'ALLCOAT ACRES'
Ita,l~li~
RESOLUTION 93-398 GRANTING PRELIMINARY ACCEPTANCE OF TH~ ROAD~AY,
DRAINAG~ AND NATER IMPROVEMENTS FOR THE 'OLDE FLORIDA GOr~F CLUB,
VANDE~BILT B~ACN ROAD EXTENSION' - WITH STIPULATIONS AS D~TAILED IN
Page 40
September 2:1, 1993
Item #Ildd
RESOLOT/Oll 93-399 {3RANTING PRELIM/NARY ACCEPTANCE OF THE ROADMAY,
MITER AID SEWER IMPROVKMKRTS FOR THE FINAL PLAT OF
"VI~IIYJIJI3~ AJ~BOR GLEE" - M/TH STILrq:~TIONS AS DKTAILKD ZI THE
Item ~/6Jk7
See Page
ACCEFTA~"E OF MATER FACILITIES FOR OLDE FLORIDA GOLF CLUB - M/TH
STIFOT..ATIOII~AS DETAILED IN THE EXECUTIVE SUI~BiARY
P, EC0RDED IN OR BOOK 1878 PaEes 1088 - 1109
ACCEFTANC~ OF MATER AND SEWER FACILITIES FORV/NEYARDS ARBOR GLeN -
M/TH ~'flPULATIONS AS DETAILED IN THE EXECUTIV~ SU~D~LRY
RECORDED IN OR BOOK 1893 PAGES 1949 -
Ite~#16B1
AGKE~M~NT NITHMAL"'MART STORKS, INC., RK ACCESS IMPROVEMENTS TO SAMtS
WHOLE~I, LECLUB
Pages
BUDG~'T ~ IN FUNDS 313 AND 301 FOR FUNDING OF ENTERPRISE
AV~II~ (NAPLE~ FROD~CTION PARK I~TU) AND MEDIAN LANDSCAP/NG IN
Item#l,~
AGI~E~IE~ITMITH NAPLES RADIOLOGIST PROFIT SHARING PLAN RE ACCESS
~ TO SOUTHWEST PROFESSIONAL ~ALTHPARKPLANNEDUNZT
PUD
Item~l,B~
See Pages
AGRE~Iq~IT B~'TMEEN COLLIER COUNTY AND PALMER COI~qONICATIONS, INC.
~ ACQUISITION OF RADIO ROAD DRAINAGE EASEMENT, ACCESS AND
MA~ ~ AND RELEASE OF LIABILITY
See Pages
-Deleted
/tel#16C2
APPLIC&TION FOR FY 1994 LZBRARY OPERATZNG GRANT (STAT~ &ZD TO
LIBI~LRZES), AIX(INZSTERED BY Tl[g ST&TE LIBRARY OF FLORZD&
Itel ~161~
NOTIC~K OF PROMISE TO PAY AND AGREEMENT TO KXTKND PA%~EIrT OF
IMPAGT ]rI~S FOR HARDEE R. NILLS, JUI~RICJtIi LKGZ0~ POST 135,
See Pages ,--~qc~o c~,-~?
ltwl ~16D7
NOTICE OF PROM/SE'TO ~AY AND AGRK~lqENT TO EXTEND PAYMIDIT OF MATER AND
$~!:R 1NFACT FEES FOR BRUCE D. LEESON
RENENLT, OF THE PROPERTY & C&SU<Y ZNS~R&RC~ PROGR&~
ltlsJllll - Moved to It~l ~8F1
Ite~16F~
RESOLUTION 93-400, R~ RXS TRUST FUND NONIES &ND EXECUTION OFTR~ GIUO/T
AFFLIC&TION&IDGRANTDISTRIBUTIONFORN
Item ~/6H1
SHARED U~E AGRKKMB3FT #ZTH BAY ZIFR, 1NC. FOR A SHARED ENTRANCE OFF
VANDKIqBZ~-T BEACH ROAD
Itn#16H2
See Pages
Page 42
SepteBbel- 21, ~gg3
CHANgl ~ TO SUFFL~AL AGREEMENT NO. 2 FOR PROFESSIOJ~AL SKIt'V~CES
WITH WIIJOM, ~, BARTON & PKKIC, INC. RE RESIDENT PROJECT
RKPREs'Erf&TI~ DORIB~3 CONSTRUCTION OF IMPR~S FOR THE PI'NE RIDG~
ZJFDq2BTR.TAL PIkl~N.S.T.U. - IN THK AMOUNT OF 838.200
DQcument not received in Clerk to Board Office as of 12/2/93
TRAVEL ~ FOR ATTKB'DJ~C~ AT THE FLORIDA GAI'~ &
~~1~~~ IN T~~S~ - IN ~ ~ OF 01,200
MISCELL&IIEOq:JS COItR~SPONDENCE - FILED A31D/OR ~D
The following miscellaneous correspondence was filed and/or
referred as presented by the Board of County Commissioners:
169
Page 43
#1631
EXTR& G&II TI~ FOR IRMA'I~ NO. 60436
September 2X, 1993
SATXSFACTXOI OF LXKN FOR SERVICES OF TI~ PUBLIC DEFENDER
Xtem ~16L1
lt~SOLDT~ON 93-401, APPROVING THg SATXSFACTION OF LIKNS FOR C~JTAXN
1t~8~ UII~T JtCCOUNT~ TH&T HAV~ PAID ]:N FULL TH~ 1991 SOLID M&ST~
COLLIL'T~OII &JFD DISPOSAL SKRVXCKS SPKCXA~ ASSKSSMX]FI'
Xteu~16L2
RESOLUTZOI 93-402, APPROVING THE SATXSFAC'FXON OF LZKNS FOR CKRTATN
R~SZDB~rTLILUII/TACC~UJFTS THAT H&VK PAID IR Iq~LLTHE 2991 SOT,/DM&STK
COLLECTZOIJiJID DISPOSAL SKRVZCES SPECIAL ASSKSSMKRT LX~N~
See Pages
There being no further business for the Good of the County, the
meeting was adjourned by Order of the Chair - Time: 3:55 P.M.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/~X
OFFICIO GOVERNING BOARD(S) OF
SPECIAL DISTRICTS UNDER ITS
CONTROL
ATTKST: ' ~\\\~ J~ [/.,.
,-, , '~ .? · ~_ ,. ;' ,'
:' ', .?~:,r;~fi'ese mtnutek.'~pro~d by the Board on
as ,~r~flted ,,~ o~': as corrected
: '~' .' aOU~ "'~ '
Page 44