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BCC Minutes 07/20/1993 R Naples, Florida, July 20, 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 spec/a/ districts as i/i .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: Burr L. Saunders VICE-CHAIRMAN: Timothy J. Constantine John C. Norris Michael J. Volpe Bettys J. Matthews ALSO PRESENT: Dwight Brock, Clerk of Courts; John Yonkosk¥, Finance Director; Ellie Hoffman, Deputy Clerk; Annette Guevin and Sue Carney, Recording Secretaries= Neil Dorrill, County Manager; William Hargett, Assistant County Manager; Ken Cuyler, County Attorney; Martha Howell, David We/gel, Ramiro Manalich and Richard Yovanovich, Assistant County Attorneys; Mike Arnold, Utilities Administrator; Frank Brutt, Community Development Services Administrator; Tom Olliff.Public Services Administrator; John MadaJewski, Project Plan Review Director; Dick Clark, Code Enforcement Supervisor; Ed Gehring, Building Review and Permit Director; Greg Mihalic, Affordable Housing Director; Elly Soto-McKuen and Ray Bellows, Planners; Sue Fi/son, Administrative Assistant to the Board; and Lieutenant Byron Tomlinson, Sheriff's 'Of'f~ce. Page July 20, 1993 Colm/letone~ Norrll moved, ~econded by Colmll~toner Constantine and ~1~ 3/0 (Co~l~t~er Vo/~ ~d Co~t~eto~r ~tth~ ~t), to a~rm t~ ~ w/th c~ u detat/~ on t~ ~n~ ~ge 1. Item ~16A12 moved to Item 18A2 - Reco~endatton that the Collier Co~t~ Cool.sion authorize pa~ent of the Hurricane ~drew reimbursement re~ests whtch exceed 82,000. 2. Item ~16K1 moved to Item ~llB - RecO~endatton tha~ the Board off Cowry Co~tsstoners authorize the purchase and tnstalla- t/on of a software system In the Co~lter County Sheriff's Office Central Records Bureau. Page 2 July 20, 1993 The motion for approval of the consent agenda le noted under Item ~ OF TH~ ~ ~4, ~993 BUDG~TM~'TZNG, 30'J~ 25, 2993RIGUT. J~ ME~TING, 3'UN~ ~6, 2993 SPECIAL M~'TZNO, 3UN~ 21, 2993 BUDGET H~NTZNG, 3'UN~ 22, ~993 R~GULAR N~'fZNG, ~ 23, ~993 ~ M~NTZNG, ~ 29, 1993 BUDGET AND SI~CIAL I~'TZNGS - API:'ROVBD Com~ta. toner Constantine moved, seconded by CoBRtaalonsr Norris a~r~ t~ Mt~too of the ~e 14, 1993 ~t bring, 3~e 15, 1993 ~~ btt~, ~o ~6, 1993 S~cAa~ ~t~ng, ~ 22, 1993 ~ 29, 1093 ~et bring nd tho ~ 29, 1993 (loo) Commissioner Norria presented Employee Service Awards to the following employees: Eugene H. Chartrand 5 years David N. Dornton 5 years Tanta Ru/z 5 years John C. Vett 5 years David A. Karnehn 15 years. Homers B. Part/da, Jr. 15 years Building Plan Review Road and Bridge Transportation Parks and Recreation Solid Waste Road and Bridge ese Co~uAozler Matthew~ arrived at th/s tam ese (280) Xtem CANDZCI FRANCO, OF THZ PUBLIC SKI~V~C~ DMSION, EMPLOYEE OF THE MONTH FOR JULY, 1993 - RECOGNIZED Comm/ss/oner Saunders recognized Candice Francs, of the Public Serv/cea D/vision as Employes of the Month for July, 1993. He congra- tulated and presented Ms. Francs with an Exceptional Performance pla- and a $50 cash award for her invaluable contributions An tho f Social Services Department. ~uly 20, 1993 ~ TO IR:TRCliJ~N&~FOR D~NOZII~, ZOMA-&PPROVJLT.. Off ~8I~10~J Off 2,000 G&LLON'80~NAT~R FRON CA~CAD~RAT'KR James Fltzek, Mana~ement Intern, of the County Manager's Office, advised that staff has been in contact with the Army Corps of Engineers and the Water Distribution Center in Des Motnes, Iowa. He explained there Is still the need for water in the afflicted areas of the flood. He revealed that there will be no available bottled water in that area for 20-SO days. Mr. Fltzek stated that staff has coordinated with the Nap/es Jaycsee, who have been hand/lng the Red Cross water collection and distribution. He reported that a truck will be leaving Naples later in the day to deliver water to the Des Moines area. Mr. Fitzek indicated that staff is recommending the purchase of 2,000 gallons of water 9 $.45/gal. from Cascade Water. He noted that :the budget office suggested that this purchase be funded through the Public Services Administrative budget since it contains a discre- tionary fund for contract agencies. Commissioner Constantine stated that when something of this magni- tude occurs in any community, the expenditure does meet public purchase. Comm/uloner Norris moved, ~econded b~ Comlsstoner Matthe~e~ ~nd carrt~d 4/0 (Commissioner Volpe out), to approve the sxpenditu~e for the &cqutsttlon of 2,000 Gallons of water from Cucadm Water for Des No/ne~, Io~a. (~00) I~T~ON 9S-2TS ~COGNIZING TH~ COUNTY JUVENILE JU~TIC~ COUNCIL A~ TB~ AUTEO'R,TZ~D JUVENILE COUNCIL FOR COLLIER COUNTY - ADOPTED Kathleen Passidomo stated that she is Acting Chairman and President of the Collier County Juvenile Justice Council, Inc. She remarked that in 1992, the Florida Legislature enacted Chapter 39.025 of the Florida Statutes, titled the Juvenile Delinquency and Gang July 20, 1993 ~Preventton Act which authorizes each circuit tn the state to establish a comprehensive delinquency prevention plan, Including gang preven- tion. Mrs. Passtdomo stated that the statute was amended this year to authorize each county In the state to establish a comprehensive Juve- nile Justice plan through a county Juvenile Justice council for the purpose of encouraging the initiation of inter-agency cooperation and collaboration tn addressing Juvenile crtne. Mrs. PassIdomo revealed that the Collier County Juvenile Justice Council, Inc. was formed on July 16, 1993. She noted that the group has been meeting on a weekly basle in response to a very important event occurring on September l, 1993, which ts the due date for grant ~i funding for the state. Nrm. Passtdomo requested that the Board recognize the Collier :/'ii :.County Suventle Justice Council, Inc. as the county council so that this organization may create a Juvenile Justice plan for Collier ;-.. County pursuant to the parameters established In Chapter 39.025, F.S. Cc~m~mionmr Volp~ movmd, seconded by Conlmflone~ i~tthew~ and carried unanimously, that ltm~olutton 93-275 b~ mdopted. Page JUly 20, 1993 ~ 03-33.6; 353/356; 3~8/389; 363.; 363/373; 37~; AND 388/380 - ADOPTED Finance Director Yonkosk¥ presented the Clerk's Report. He requested that the Board adopt seven budget amendments not previously dtscuesed and 24 budget amendmenta relating to matters that have been discussed. C¢:mm/~Aon~r ~orrie mav~S, ~econded t~ Comm/ee/on~r Volpe and ~IH ~l~ly, t~t ~t ~nbnts 93-316; 353/356; 358/359; 361; 363/373; 375; 378/386; ~d 388/389 ~ ~pt~. .'. ~ ~ ~OL~ZOM 93-34 - ~~ Conditioner Norr/o moved, ~econded by Co~m/seloner Volpe and carrted ur~ntmou~ly, that Budget Amendment Reeolut/on 93-34 be adopted. ,oo 13 Page 6 JUly 20, 1993 ~T.~"l~Orll OF PUBLIC &CCOU]I~ING ~J;l~! TO IVER~O~! ~ AUDZTZNG · ~RVZCE~ ~OR CO~T, IElt COO]lT~ - ~1~C!~ DZREC~OR · COUNT~ A1~O~]l~ TO I~GOYI&'I~ CORTI~CT M/TK COOPERS & LYBRAND l~R 01~ YEAR COIITRACT Finance Director Yonkosky explained that the County's current contract with Coopers & Lybrand for auditing servlces for the three years ended September 30, 1990, 199! and 1992 has expired. He noted that pursuant, to Florida Statutes the Board ts to authorize an auditing selection committee composed of each of the Constitutional Officers, and one member of the Board of County Commissioners. He reported that the Board appointed Commissioner Matthews to serve on that committee. Finance Director Yonkosky advised that a request for proposals was advertised tn the Naples Dally News on May 26, 27 and 28, 1993. In addition, he reported that all local and national firms that had exht- hated a des/re to perform auditing servlces for the county were notified by mail. Finance Director Yonkosky announced that proposals were received from coopers & Lybrand and KPMG Peat Marwlck. He advised that the Auditor Selection Committee reviewed both proposals and determined both firms to be qualified. He requested that the Board rank the two firms and direct the County Attorney and the Finance Director to nego- tiate a contract with the highest ranked firm, including the desired number of years the contract would be effective. In response to Commissioner Matthews, Clerk Brock Indicated that Coopers & Lybrand have an office in Ft. Myers and consequently their travel costs would be less. Clerk Brock questioned whether Coopers & Lybrand would be amenable to personne! changes at the management level, if desired by the Board of County Commissioners and the Clerk of Courts. Ms. Phylts Jones, of Coopers & Lybrand, advised that she will be happy to work with the County and change the top personnel, as desired. ,ooK 15 Pag. July 20, 1993 : Co-missioner Volpe recalled discussions of three years ago with regard to the potential disadvantages of long term engagements with the County's external auditors. He remarked that the county has had the same external auditing firm for the past six years, and noted that ;he As looking for a frs.eh new look. ;~. Commissioner Matthews remarked that by making a change tn the per- eonnel, there would be a new set of eyes looking at the audit. There were no speakers. Co.at.loner Matthe~e~ ~oved, seconded by Coamieelonsr Saundere, to direct tho County Attorney and tho Finance Director to enter Into negott&tton~ with Coopers and Lybrand, and rank tho flrns accordingly; and that tho contract ho negotiated for a one year period with an option for a on~ year renewal. Clerk Brock raised concerns with regard to a one year contract with a one year renewal option, as opposed to a two year contract. He pointed out that pursuant to F.S. the County would not be going through the biddtng process for the second year of the contract. County Attorney Cuyler advised that he sees no problem with the renewal period tn the contract as long as it Is' clearly contemplated In the initial contract that this will be done. Upon call for the question, tho notion carried $/2 (Commissioners Volpe and Constantine opposed). Clerk Brock explained that this item is the result of a review of tuition reimbursement requests submitted to his office. He pointed out that he believes that some of the requests do not comply with F.S. Chapter 112.063. Clerk Brock stated that he understands that the employees had been told they would be reimbursed for tuition, however, upon review of the requests, It was concluded that tt would be Illegal, based upon the July 20, 1993 information received, to pay same. ." Mr. Brock reported that he informed Human Resources staff that he would not pay the tuition reimbursements without the County Commission specifically making a ~indtng that the requests do comply with F.S. Chapter 112.063 and that the course work ts dest~ned to enhance the knowledge, skills and abilities relating to the official duties that those employees perform. Clerk Brock explained the difficulty in trying to make this deci- sion. He cited an example as communicated in a report to the ~ ..:~ ~:,~-employees from Human Resources Director Whitecotton, stating that algebra does not meet the criteria for reimbursement, however, a sub- mission has since been received requesting reimbursement to Robert :Salvagglo for an algebra course. He noted that a blanket statement cannot be made indicating that algebra will not be covered since the functions of a particular employee should be considered as to whether the course directly relates to the knowledge and performance of that employee. In response to Commissioner Matthews, Human Resources Director Whttecotton stated that for the most part, the participants are long term county employees. Mr. Whitecotton advised that a request for legal services has been prepared by the County Attorney's office which concluded that the sta- tute and policy has been followed. He indicated there is very good scrutiny in the current review and administrative process. Mr. Gilbert Erlichnan spoke with regard to this item. roquoot 8~bmitted ~nd approved tn September, 1990. CoseLtaa~onor Matthe~ mo.~i~, ascended by Commissioner Volpo ~nd A discussion was held at this time with respect to a review of the tuition reimbursement requests in the Executive Summary which resulted in the following actions by the Board: ,oo; i7 Pmg~ 9 i~ ~i~'i d'uly 20~ log3 carried ~/2 (CommieoAonere J~orrAe and Constantine oppoeed), to approve th~ t~ttlon ret~bureeMnt r~queet subleted by Carol S. Tr·vte ~or th~ Art apprecl·tion and Pwychology coureee. ComLteolonmr Volpe moved, eecondod by Couuleeloner IJorFle and carried 4/1 (Co~leetoner S·undere oppoeed), to deny th~ tuition rei~- ~t request submitted by Diane M. Silth for the Advanced Study ~[f... , Cool.loner tense&heine ~rv~d, oecond~d by Conteeloner htthM ~ud c~rried un~n~ly, to deny the ~uttton rel~burxmnt s~b~ltt~d by Carol S. Travie for tho Nomn in ~nttqulty and Sexuality & #orality courm. Clerk ~rock c~lled attention to Sharon Tellyte tuition tel·bur- n, ant r~qu~st, noting that ho do~e not have · proble· with tho Co,put·rs tn Business cou~e. Ho revealed that N~. Tally m d~nled per~leelon to t~ke the Organizational Behavior course. Commissioner Norris movmd, seconded by Commissioner Volpm and carried unanimously, to approve tho tuition reimbureement r~mt ~ P~rs~ecttv~ in ~ana~nt course·. Cos~teeion~r Yelp· mo~d, seconded by Conlmmlon~F htthm and carried i/1 (Co,at#toner Ilorrts opposed), to den~ tbs tuition reim- bursement r~queet fib·treed by C. #illin Rar~tt. C~t#ioner Volpe ~ed, seconded by Co.aim·toner Norris and carried ummt~ously, to epprov~ tho tuition reimbursement requemt Cc~tssioner Norrte ~oved, seconded by Co~leeloner Volpe and ~ltttd by loblrt $·lv~to for tho Oo~pomttton II courme. Co~immioner Constantine ~ovsd, meconded by Cents·toner htthl~s mhd cmr~*ied 3/2 (Conimmtonmre Volpm and Smundmre oppomod), to deny P~ 10 July 20, 1993 the tuition reimbursement request submitted by Robert Salvaggto for · the Algebra course. , Commissioner Norris ~oved, seconded by Colisetoner Volp~ tad 'carried unanimously0 lo sllsl~te the ~1t~ providing for ~itlon re~~ froa tbt~ ~tnt fo~d. The Board concurred that any requests that are currently in the application stage would continue to be processed and brought to the BCC for approval or denial. e,, Recessed: 11:05 A.N. - Reconvened: 11:25 A.M. at which tl~e Recording Secretary Guevin replaced Deputy Clerk Hoff~mn *** (10S0) lte~,6ll ::It~,~OLUTZON 03-274 THE TRANSFER OF TITLE OF A FZFTKKN (15) ACRK :~:PA]tCt~'- OF LA~ID BY~ B&RRON COLLIER COMPANY TO COLLZER COUITrY HOUSING Greg.~thaltc, Affordable Housing Director, presented a recommen- dation to~Pprove the transfer of title of 15 acres of land, to be donated by the Barron Collier Company to the Collier County Housing Authority.. He explained when the development order was issued for the Grey Oaks PUD, the developer set aside a 15-acre parcel in the urban County adopted a proportionate share ordinance by January 1, 1994. He reported a proportionate share for affordable housing ts another term for a lin~.age fee, that Is, a fee to be set aside to address the need area of Collier County that could be used for affordable housing. He pointed o~u~ there was no requirement that they build affordable housing o~"'4onate the land for any particular use, but that it could be used and.would be made available for affordable housing if Collier for affordable housing generated by employee driven developments. He noted Collier County has not yet adopted such an ordinance, and the reservation of this land will expire on January 1, 1994, with no further requirement by Grey Oaks PUD that the land continue to be set aside. He said they have offered to donate a 15-acre parcel tn Immokalee to the Collier County Housing Authority to satisfy this He recalled this request .requirement within their development order. Page July 20, 1993 was conceptually approved by the Board of County Commissioners approximately one year ago, at which time Staff was directed to com- micate with the Department of Community Affairs (DCA) and the South West Florida Regional Planning Council (SWFRPC] for their concurrence. He advised that both organizations have agreed that the proposed transfer Is In the best Interests of Collier County because of the .time constraints involved. Mr. Mihaltc next referred to a letter from Mayor Muenzer, City of Naples, and agreed that the Mayor has valid concerns with the need for additional land for affordable housing within the urban area of Collier County. However, he said, this particular development order requirement will not satisfy that need. He concluded because of the limited time frame involved and the expiration of this requirement, it is his belief that it is in the best interests of Collier County to allow this transfer of title to take place. Commissioner Volpe commented the 15 acres set aside in the urban area would generate 300 units of affordable housing. He asked what number of units can be built on the proposed land in Immokalee? Fred Thomas, Executive Director of the Collier County Housing Authority, replied based on the Immokalee Master Plan, the land can accommodate approximately 80 dwelling units. Commissioner Volpe Inquired if negotiations have taken place with the Barton Collier Company to acquire sufficient land in Immokalee to build $00 units of affordable housing, as would have been Dossible on the original site? Mr. Thomas stated when these negotiations began one and one-half years ago, he was in a position to negotiate not only the subject 15-acre parcel but also to purchase an additional 55 acres at half price. He said as January 1, 1994, draws near, the Collier County Housing Authority has lees of a bargaining position for anything in addition to the subject parcel. Attorney George Varnadoe, representing Grey Oaks Development of Regional Impact (DRI), asked that the Board not overlook the fact that Page 12 July 20, 1993 the original 1~ acres were a reservation of land and not promised to be dedicated. He said that tract of land was designated on the ortgt- ;;~ nal DRI as an area that someone could acquire where affordable housing could be located, but because there was no affordable housing demand, · ~?: there was no requirem,nt that this DRI do anything. He stressed that . tho Item Board the of 15 acres for before the deals with donation ~!i'j.[' affordable housing immediately adjacent to the Farm Workers Village, and ts not intended to be an equivalent trade of land. ~f.' In response to Commissioner Volpe, Attorney Varnadoe advised there is no Intention that the density of the Grey Oaks project be Increased If this Item is approved. He said the density will simply be spread ?:.Over an additional 15 acres. ~.: ' Commissioner Yelps suggested the proposed resolution be amended to specify the requirements of Paragraph 3.c. will be satisfied through 'i['~."ithle transfer of land, rather than Paragraph 3, as the resolution ts currently worded. Attorney Varnadoe indicated he has no objection to the proposed amendment, but pointed out that Paragraph 3.a. also references the same requirement. He suggested the appropriate language be worked out with the County Attorney*e Office in order to clarify the Issue. Coumtssloner Norris move, seconded by Commissioner MatthM and c~tm~un~nl~ously, to adopt bsolutton 93-274 with the c~. ~ dio~. r...,. Page 13 July 20, 1993 00111~:~1II'~ DI'VILO~ CO~POUTION OF SO~T YLORIDA, INC., RE 1*Ml:~81'~'Z01[ OF ROAD &RD ~DUCATZON FACILITIES S~/~ IMPACT FE.~8 FOR AVALOII AT Prf, ICAll BAY ,o PORT/ON OF IMPACT ri'KS TO B~ RKFUBDKD Attorney Dennis Crontn, representing Community Development Corporation of Southwest Florida, Inc., explained five building per- mits are at issue, for which the County allegedly gave notice to his client on August 19, 1992, that the permits were ready to be picked up. He referred to a packet of material provided to the Board, which contains Information to substantiate his claim that notice was never received by his client with regard to these five particular building permits. He Indicated the building permits were applied for well in advance of the effective dates of the school impact fee ordinance and the amendment to the road impact fee ordinance. He recalled in August, 1992, an emergency amendment to the road Impact fee ordinance specifically identified that there would be a hardship on people who were in the building permit process at that time, who may not have had their permits issued by the effective date contained in the original May, 1992, ordinance. He said the emergency amendment provided for a notification process, which ts at issue tn this discussion. He pointed out on August 21, 1992, his client was notified that a series of building permits were ready, which were picked up on September 4, 1992, within the 14-da¥ time period provided by the County. He also noted the County adopted an additional emergency ordinance delaying implementation of school Impact fees to those permits applied for after September 10, 1992, and again providing for a notification pro- tess. Attorney Crontn continued, stating as late as February 1, 1993, notification was given that two permits, which were part of the origi- nal packet submitted on July 2, 1992, were ready to be picked up, and for which no increased road impac~ fee and no educational facilities impact fee were imposed. He said at that point in time it was disco- vered that the County's position was that notification was given Page 1~ July 20, 1993 regarding the five building permits In question, and that they were in fact on the verge of expiring. He reported a series of meetings took ~i/.):.i.place, however, they have been unable to resolve this issue. Frank Brutt, Commvnity Development Services Administrator, disputed Attorney Crcnin's assertion that notification was not given with regard to the building permits tn question. He referred to a handout of five sheets which are Initialed and contain a notation, "called 8/19/92", in the upper /eft-hand corner. He said that was the system used for 300 to 400 building permits issued every week while going through this process. He Indicated as far as he is concerned, the phone calls were made and the applicant, for one reason or another, did not choose to meet the 14-day deadline. Responding to Commissioner Volpe, Ed Gehring, Director of Bulldfng Review & Permit, replied during this period of time, phone calls were typically made two days after the building permits were approved because of the heavy work load. Co,missioner Saunders Inquired what Is the total dollar amount of r ~ the educational facility Impact fees and the Increase in road impact Richard Taylor with Community Development Corporation of Southwest Florida, Inc., responded the educational facility Impact fees are $38,939 and the Increase in the road impact fee ia $23,291, for a total of 862,230.56. He added the total amount for the five buildings ." In question is approximately $300,000. Commissioner Matthews indicated from what Staff has submitted to the Board, she can find no assurances that the phone call was actually made, or if it was made, that a message was perhaps left on the wrong answering ~achine. Commissioner Saundera suggested there ts no way to prove whether or not the call was made, however, developers tend to be very cautious when it comes to spending money needlessly, lie said in his opinion, if Mr. Kay had realized the permits were ready, he would not have wasted $62,000 by waiting until after the 14-day deadline had passed. Page Co~-tsstoner Hatthewe reiterated her concern that a message may have been left on the wrong answering machine. She said she ia aware of several such occurrences with small builders tn Golden Gate Estates. She proposed after a certain nm~ber of days have passed and the pernit has not been picked up, that a certified, return receipt letter could be sent. She said the builder should be given the oppor- tunity to indicate whether or not he would like written notification, and if so, an extra $5.00 could be charged for handling that work. Comm/lstoner Hatthew~ moved, secon~d~Co~i~Aoner S~r~, to re~ ~th the ~catio~l facilities A~ct f~ ~ the Ancre~ An 92-896~; 92-8968; 92-8969; ~d 92-89~0. Co~ss~oner No==~s co~cated h~s conce=n w~h ~he ~apse of t~e between ~he pe=~s p~cked up on Septembe= 4~h ~d ~he per~s ~n ~es~on. He ~es~oned why ~be deve~o~r wou~d no~ have contacted Deve~op~en~ Se~ces ~on~s bars=e, asking abou~ ~he per.~s ~n ~es~on. S~ua=~ Kaye w~h Co~y Deve~o~en~ Combo=at,on of Sou~h~es~ .~ ~or~da, Inc., .~a~ed they were being notified continuously abou~ · ~s ~o be picked up. He satd ~here was a~so a ~.e pe=~od when ~b.~tted a revised s~e deve~opmen~ p~an and he was vnde= ~p=ess~on ~he ~er~ts were a~ pa=~ of ~he s~e package. (~81) Attorney Klm Kobza, representing Commonwealth Development, explained while going through the project review and permitting pro- cess for Bermuda Greens Development, the Utilities Division required the developer to rebuild Sewer Repump Station 36A, which ts a County 33' Page 18 3uly 20, 1993 o~ned and operated fac/ltty eerv/ng the entire density of the Imperial development, consisting of 1,572 unite, 200.000 square feet of commer- cia! and a i20-bed nursing home. He noted his client's total density is 230 units. He said the /aw does not allow that kind of stipulation for off-site Improvements and there is no rational nexus to this requirement. 3ohn NadaJewskl, Project Plan Review Manager, advised the Board ,~hat the stipulation being referred to by Attorney Kobza has nothing Commonwealth Development purchased the subject property from ~rnlsper/ng Pines, Inc.? ';to do with the master sewage pump station for the Imperial project. Re said the stipulation specifically refers to the capacity of the North County Sewage Treatment Plant, which at that time was known as Sewer Area "A", to take on additional sewage flows in its treatment capacity until the plant was expanded. Commissioner Volpe questioned whether there was any discussion about the additional capacity needed for water and sewer at the time Stuart Wallace, President of Commonwealth Development, explained 'when negotiations took place for purchase of the property, there was no discussion and no evidence was found that there was a situation . where anyone was obligated to upgrade the lift station. He said all on-site facilities were checked and the lift station on their property was more than adequate to serve their entire density. He Indicated al/ the County's facilities they were able to ascertain were adequate. Mr. MadaJewski pointed out that during the SDP review process, the 'developer ts required to obtain a letter from the Utilities Division. He said the letter they obtained for this project Indicated the system cannot accommodate the additional 230 unite and the developer was · " required to return with a solution to the problem. He reported ~' several meetings took place concerning this issue, therefore, the applicant was well aware of the problem. .;::.: . County Attorney Cuyler inquired if rebuilding Pump Station 36A was ~' ': a requirement or did the developer have any options? Page 17 July 20, 1993 Mr. MadaJewski stated they had several options and this was their solution. He reported aea compromise, the Utilities Division stated if the developer built the dry well, the County would incorporate all the necessary equipment. Commissioner Constantine referred to a memo between Mr. MadaJewskt and Mr. Bloetscher indicating discussion took place regarding poten- tial cost sharing between Bermuda Greens, Abbey II and Westgate for this upgrade. Mr. MadaJeweki agreed that Staff arranged a meeting between the three groups to talk about the probablltt/es of cost sharing. He said the other developers at that point in time had not finalized their plans and were not moving forward. He indicated the discussion was left on a private basis, and Staff Is not in the position of nego- tiating a reimbursement agreement between private parties. In response to Commissioner Constantine, Fred Bloetecher, Assistant Utilities Administrator, stated the pump station was at ...[: capac/ty at the time this development came in for approval. He said whatever impact a development makes to the sewer system ts the respon- sibility of that development to bear. He recalled the discussion8 regarding cost sharing with other developers, stating he informed Mr. Wallace that Staff would not broker an agreement between private par- ties for reimbursement. Commissioner Constantine inquired if this development had not pro- ceeded, would the pump station still be in its original form? Mr. Bloetecher replied the next development to come tn for appro- va~ would have borne the responsibility for the improvements being required of Bermuda Greens. Seen Abernathie w/th McAnly, Asher and Associates, stated he was ~: 'involved tn the engineering aspect of this project. He indicated the size of the wet well was Increased not only to accommodate Bermuda Greens, but large enough to handle potential future development. He said they did more than was being required of them in order that this area not be impacted by the pump station being rebuilt again two or July 20, 1993 three times in the future. : Attorney Kobza reiterated his position that the requirement placed .on Bermuda Oreens to replace the pump station is not legal, and Is not enforceable. County Attorney Cuyler pointed out objections were not raised in the original discussions. He said the developer had the option of stating they would not put In any more capacity than necessary for their unite, which would have eliminated any discussion of reimbur- sement. Commissioner Volpe commented neighboring developments received a windfall by Bermuda Greens Installing more capacity than required. County Attorney Cuyler agreed, but stated the Board cannot address · that issue. Mr. Abernathie Indicated he did not have a choice in sizing the wet wel!. He said he came in with a smaller size and was asked to increase It by the Utility Division. Mr. Bloetscher reported theoretically, the wet well could have been sized and constructed In place to serve the existing needs plus the impact of this development. He said that type of construction is significantly more expensive than to purchase eight-foot pre-cast sec- alone and install an eight-foot wet well. Commissl~r Constantine ~oved, seconded by Commissioner Ilorrts to deny tbs appeal of Stipulation Jla rs SDP ~90-187. Commissioner Volpe indicated he cannot support the motion and suggested a compromise be found. Commissioner Matthews a~reed, adding she would like to have seen Staff Institute some cost recovery on other developers. call for the question, the notion carried 3/2 (Cosatsmtoners Volpe ~dliatthees opposed). 2510 P.M. - Reconvened~ 1:55 P.M. at which Secretary Carney r~pl&ced l~puty Clerk~off~an (1700) ~' ~:;]tI~A~l) B. M~L~ON, ~MPIR~ BUZLDKI~ RE P~ZMBURS~NT OF S~HOOL ZNPA~T BOOK O00Pl~£ 35 Page !9 Suly 20, 1993 A~y Nelson, co-owner of Empire Builders, reported that a building permit application was flied on September 9, 1992, tn order to be exempt from the school impact fee tax. She stated that the permit was not ready for over a month, when the permit was picked up, the school impact fees were Incl~ed in the statement, when questioned Staff replied that because the permit was picked one day late the Impact fees were included. Frank Brutt, Community Development Administrator. indicated that the petitioner was notified on October 12, 1992, a 14 day period is allowed for pick up, since the permit was picked up on October 1992 the fees were included. C~AMi~ner Norria ~ved, ~econdedbF Commissioner maunders and Ca~Tle~u~ani~r~lF, to ret~murma the t~ct fee. RUTH BABDB3~ RI RI~LE8 I~YLATXMG~~UBE~TS FOR VI~JDORS PKDDLII~ - STAFPDXRECTED TO RKFIKWRKGULATIONH FOR TKMPORA]~UBK Ruth Sanders noted that peddlers and vendors with temporary per- mite are allowed to sell their wares on the side of the road, adding that this ts an unfair trade practice creating an eyesore and traffic hazard. Dick Clark, Code Enforcement Supervisor, agreed that there ts a problem with peddlers, but noted that the Land Development Code (LDC} does allow vendors to sell their wares tn improved parking lots, however, the proposed amendment does restrict seasonal sales. In response to Commissioner ~olpe, Mr. Clark replied that the LDC deals with how land is used, but door-to-door sales are not a specific land use arid are covered by the uae of Occupational Licensing, adding that on October 1, 1993, the Tax Collector's Office w111 tighten the restrictions Including a tax license. Commissioner Volpe suggested exploring a regulatory scheme for so2icltors. Bruce Stewart spoke on the subject. Page 20 3uly 20, 1993 direct Staff to inv~ati~ate possible rs~ulation~ for teuporaryuse for vendorm and peddlers. Pauline Reeves requested funds for the restoration of the Old Laundry Building in Everglades City for use as a museum, adding that :!);~'~funds were not allocated in last year's budget. Ha. Reeves stated that before restoration begins an architectural analysis must be done, which will cost $10,000.00. She said Anchor Engineering has advised that the understructure must be repaired before any further restoration takes place, and the estimated cost will be $18,000.00. She indicated the next basic need is plumbing and sewer line repair, estimated at a cost of $2,500.00, for a total pro- Ject cost of 830,500.00. In response to Commissioner Constantine, Ms. Reeves replied that approximately $10,000.00 has been raised in private funds. County Manager Dorrill reported that $45,000.00 is a/located in the tentative budget for Capital Funds, but will not be available ~lntil next year, commenting that this item is actually a request for an advance on the monies allocated in the tentative budget. Ms. Reeves potnted out that before any Grants can be applied for the architectural analysis must be done. Claudia Davenport spoke on the subject. Ms. Reeves concluded by stating that this will be a County building, therefore, the County should take some responsibility for the .aster plan. Commissioner Matthew. ~ved to advance $30,500.00 £or the tion, seconded by CommAmstoner S~underm. Upon calling for the question, the motion fatl~ 2/3 (Commlamlonerm Constantine, Noz~lm vo2m ~o~). ,00 38' Page 21 3uly 20, 11993 · /2 (~1~t~ ~orrl~ ~d Vol~ ~~). ($&2e) Zt~ ~F Constance Bresee explained that the sewer assessment tax that was included tn her property taxes has made it Impossible to meet her :.mortgage commitment, adding that if her taxes are not paid by next month she will lose her home. .... * place at this time. In response to Co;u~tssloner Saunders, Mike Arnold, Utilities Administrator, replied that he spoke briefly to the petitioner, adding · that he expects many similar petitions in the upcoming months. He ~.~ announced that Ms. Bresee financed the Impact fee, and has been ~:Z.':. =urrent in payment of impact fees and the monthly sewer bill, however, ,...(. she does not have the funds to pay for the actual connection. He .stated that there ts a process to defer the property tax bill and to collect some time in the future, however, that window has been missed for this current tax year. ii.:.i~. In response to Commissioner Matthews, Greg Mlhaltc, Affordable :-i) Housing Director, confirmed that the petitioner qualifies for affor- ,.i dable housing under the SHIP Program, however, the program is not in He announced that the petitioner will qualify for "emergency repairs" which will allow her to be hooked up to the sewer system, but the assessment cannot be paid because of its retroactive nature, adding that she may qualify for a deferral of her taxes in the futura but not for the present situation. ":: ~':<~: :.cOmmissioner Volpe asked if there As a remedy available to assist this person? County Attorney Cuyler responded that Assistant County Attorney ~;~ Yovanovich had been directed to contact bond counsel regarding this '*: . July 20, 1993 Assistant County Attorney Yovanovtch announced that bond counsel recommends that the Board could adopt a Hardship Program for this particular bond issue. Comet·stoner SauDdurs suggested that the Board direct Staff to neet with the petitioner tn an effort to assist her, adding that this item will be heard at a future meeting after Staff has determined what can be done to provide assistance. Volpe ~ov~, ·econded by Oo~laeloner I~tth~s that Staff ~plore th· ~vilops~nt of · Raw,ship PrO~Ta In =o~neotton with the Bonds issued for the ~ast s-d So~th County ~r is#sssent District. Assistant County Attorney Yovanovlch stated that he will contact ~'::, the pettttoner*e mortgage company In an effort to cancel their pro- ~eed proceedings. ..: ',: ltlm JOSEPH I. EdkCOURSZK]~ P. EPRES~IITIIG THE QU&LITY II]l GOLF & COUNTRY CLUB l~ API~IP~IkTIOll FOR A GROIITR MAI&~ ~ ~ - APPROV~D Joseph LaC·ur·tare, representing the ~ualtt¥ Inn, requested an application be submitted for this yearts Growth Management Plan amen~haent cycle after the filing deadline. Frank Brutt, Community Development Administrator, reported that he has no problem with the late filing, noting that a similar petition was approved recently. He confirmed that all information must be sub- mitred by July 27, 1993. In response to Commissioner Volpe, Mr. LaC·ureters replied that this property will be requested to be fez·ned to commercial zoning. Solid.toner Oonst~ntine ~oved, seconded by ~tsslou~ Ionia for late ftlin~. (073) AUTHOR~ZATIOIOF P&TMBJFI* OF Till HURRICAIE R~UI:rrsuuXCHEXCEED 02,000.00 rich Page 23 ~:: ~. 3uly 20, 1993 Co.missioner Constantine requested an update on the reimbursement requests. Dick Clark, Code Enforcement Director, noted that the documents have been reviewed and, examined by both Code Enforcement and the ;':; ~ Clerk's Office to be sure that guidelines directed by the Board ars ,,,:'? .being mst. He added that these 22 requests that exceed $2,000.00 total · .: $77,795.85. Co~m~Hlon~r Volpe moved, sec~ ~ Co~A~e/o~r C~t~tlM ~ ~L~ ~~ly, to a~r~ t~ reL~~t r~ste. Public Services Administrator Olliff provided aerial photographs of the area and explained that in lgg0, Collier County entered Into a lease agreement with the State for Z56 acres of beachfront property, noting this property adjoins 186 acres of Collier County beachfront property and the lease requires a management plan to explain how the County will develop and maintain their property. Mr. 011iff stated that the plan was originally adopted by the Board In January 1993, was reviewed by the Land Management Advisory Council (LMAC) and has been revised according to their suggestions. Mr. Olliff gave an overview on the recommendations suggested by i:~[the LMAC. Mr. Olliff declared that the first recommendation is to provide an access directly past the guardhouse, and that a large sign be placed on the guardhouse indicating direct access. Mr. 011iff described the second mmendment designating the park entrance as the point of control once the parking lot is full, men- tioning that the homeowners in the area are opposed to this idea. He indicated that Staff feels there are two ways to address this racom- mendation, either over-staff the site with three Park Rangers moni- toring the parking lots while in radio communication with a Park f.',"j ~ :? BOOK PAG£ ~.ii: Page 24 July 20, 1993 Ranger at the ~uardhouse who could advise the public when the parking · lots were full or uae the LMAC's suggestion. Co~missioner Matthews asked if the residents would be willing to share the cost of a Park Ranger stationed at the ~uardhouse. Mr. Olliff confirmed that the residents are interested in sharing the cost and the LMAC would probably approve of this idea. Public Services Administrator Olltff explained that the third suggestion is to have the County build a 100 space parking lot on the State land. In response to Collsstoner Volpe, Mr. Olltff replted that the -funds for the additional project are not allocated In this year's 'budget, but would have to be allocated. Mr. Olliff noted that the last recommendation ia to have the County pur~ue the purchase or easement of the one remaining private property within the Preserve area, and staff does not recommend this change because the property adjoins State property, therefore, the State should take responsibility for the easement or purchase. Public Services Administrator Olltff provided a map depicting Barefoot Beach Access. He explained that the LMAC proposes whether the left lane of Lely Beach Boulevard could be used by the beach going public In order to by-pass the ~uardhouse. Co.missioner Constantine suggested the unrestricted use of both lanes during daylight hours. The following people spoke on the subject: Vera Fitz-Gerald Mary Krtnke Emily Maggto Howard Herrmann MarJorie Ward Leo Salvatori Leon Eisenbud Don Dawson .:', :'(T.~. ~) ~.-. John Stanley ~ ~ Commissioner Saunders closed the public hearing. * Commissioner Constantine questioned any use of the quardhouse, · uggesting that if the parking lot is full the public could determine that for themselves. :":!i! Commissioner Norris disagreed, stating in his opinion, the public Page 25 would not be tn favor of the suggestion. 3uly 20, 1993 ¢oltsstonsr maunders suggestod the additional 100 space parking lot be pursued vigorously and Conlssloner Volpe concurred. Csisaton~r Cons'centime ~oved to approv~ Staff's recommendations concerning ltma~ 1, C end 3 of the LNAC'o revisions with the vigorous pursuit o! Item $, the deletion of Item 4, and the control point ~ould 'he at th~ p~rk enntrence with a Count~ e~ployee in attendance. Comlsstoner Matthews asked if any thought has been given to a ferry service? Mr. Olltff stated that a few hotels have expressed interest tn a ferry service, but has had no perspective from the public. Oceed#loner ~underm seconded the ~otlon on the floor. Coltsstoner Volpe revealed that he could not support the motion, ~t r~ested ~ore discussion on the Issue of a control point to see ii' If a compromise could be achieved. Coauaisstoner Saunders stated that he supports the motion with the intention of minimizing the inconvenience to the visiting public, further stating the problems within the development can be controlled with parking stgnage which the Sheriff's department can enforce. call for fha question, the ~otton carried ~/2 (Comtsstoners Volpe and I~orrte opposed). .:. ~~TX(~I OF ~ LAST PROPO~ILT~ FROM TR~ ,IL~SOCIATION OF UNliT :* OF ~ I::[~I~l'~t'T ~ OY N&PL~.S, INC. I~G,ItRD*rII'G TR~ CL&N PASS Public Services Administrator Olllff recognized that the Board previously approved a one year agreement with a one year extension providing a 10~ return of gross sales from the park. Re confirmed that the Association of Unit 0where (AUO) indicated that they would accept that agreement If the term was extended to five years and if the County's contribution to the trams' cost were adjusted annually based on the Increase or decrease In county tram rtdershtp. He stated that there are three basic options~ to approve the AUO's agreement Page 26 3uly 20, 1993 with the cost to the County being $14,000.00 annually; for the County to provide tra~ service which would cost $64,000.00 annually; and the last option would be the Idea of a tram fee with the recommendation that the County bid the concessions and revenue from these services should cover all operating costs at the site. Commissioner Volpe stated that he opposes the .50¢ fee, ~nless a uniform policy ts adopted county-wide. 3oseph McMacktn, representing the Registry, confirmed that tho AUO agrees with the 10~ concession fee, but would like the term of the concession to be 5 years, without any option to renew, noting that the tru increase would be computed only on County rtdershlp as hotel rtdershlp would not affect the County's contribution. In response to Commissioner Volpe, Mr. McMacktn confirmed that the trams are leased, adding that they are garaged at the Registry and charged by special machinery which ts also housed at the Registry. Coatsstoner Yelps asked If the leasing, charging equipment and storage costs were accounted for the trams? Mr. Olllff explained that Initially the County would have to truck the tr~s to a charging facility on a daily basis or lease space from the Registry Hotel. Commissioner Volpe pointed out that these costs are not reflected in the Staff Report, which demonstrates that from a business perspec- ~:)'i!:'' rive it would be sensible to stay with the current concessionaire. Commissioner Constantine agreed with Commissioner Volpe, noting that the County can pay either $?0,000.00 per year over a five year period or $64,000.00 every year in addition to trucking and tram costs. Commissioner Matthews remarked that she has a problem with the 10{ fee and would rather see It at 18~ and the County's contribution to the tram service higher because when utilities are Installed the food services will increase substantially. ~.~ ,. 'Commissioner Saunders expressed his concern over the length of the * Page 27 3uly 20, 1993 Co~AuAoner Volpe ~,md to approve the lO~ concession ter~ conce~mAon agreement as presented, meconded by Conte~toner Commissioner Norris commented that he would like to see a .50¢ fee charged for the tram service. ~..?[. Commissioner Constantine maintained that Imposing a tram fee would .decrease the number of park patrons. ,i:,~ Commissioner Hatthews stated that she would like to see a compro- 'miss, suggesting that the County operate the tram service and the hotel would provide a $70,000.00 subsidy, so the County could then bid out the concessions and collect an 18~ fee. Commissioner Volpe disagreed with the suggestion, stating that an las fee on the sale of food would not be profitable. In response to Commissioner Saunders0 Nr. Olltff disclosed that the gross revenues total approximately $250,000.00 per year. Commissioner Norris revealed that he feels-that expenditures to the County could be cut through the Imposition of & tram fee. Commissioner Saunders reiterated that his only objection to the '~: 10~ arrangement is the five year period, because Improvements will be :~' made in the next two years. Mr. Stern, representing the AUO, explained that aa a business, the 'AUO must plan ahead, at 10~ a 5 year plan ts profitable, making the 5 year plan the only option acceptable to the AUO. Commissioner Constantine inquired that In the event the County must provide tram service tomorrow morning, how could the County proceed and what would happen in the event of a rain storm in the afternoon? Mr. Stern concluded that the 10~/5 year plan is a better and more profitable transaction for the County. . . Dpon oall £o~ the ~t/~, ~ ~tlon c~rl~ 3/2 Page 28 ~ ~: SUly 20, 1993 Legal notice having been published In the Naples Daily News on June SO, 1993 as evidenced by Affidavit of Publication fi/ed with the ~":, 0lsrk, public hearing was opened. Planner Be/lows stated that this item la a request by the Community Development Services Division requesting that a Mobile Home Over/ay (MHO) be placed on Agricultural zoned properties within the .Six L's Farm area. He noted that the placement of the MH0 will allow the continued use and replacement, if desired, of the existing mobile home dwellings and provide the vehicle for obtaining building permits. ComBlsstoner Norris recalled that this Item is the result of the Board's direction to staff for placement of a MHO District on twenty individual parcels that have existing mobile home dwellings. Assistant County Attorney Yovanovtch advised that the subject existing mobile homes were included tn the calculation of the County's deficit and they may not be included in the growth related charges. He noted that the impact fees which were adopted prior to the mobile :: homes being placed on the property are a valid charge, however, .~,,:anything adopted subsequent to the mobile homes coming into existence i'. Is not valid. .:.: . Hr. Victor Valdes, representing the property owner In the Slx L's Far~,mrsa, stated that he concurs with the position of staff and the 0O~ntF Attorney's office In this matter. There were no other speakers. Commissioner Saunders announced that the public hearing is closed. ~mI~ I~tth~ moved, secon~e~ t~Z Commissioner Io~ll ~ · 3-~1 ~ ~tg ~ nter~ Into ~dt~cl bi Io, 61, Legal notice havtn~i been published In the Naples Daily News on May . 23, 1993, public hearing was opened. ..! Commissioner Volpe announced that his law firm hss a client with · n Interest in the subject property. He stated that he will sbstain from voting on this Item in order to avoid the appearance of any Impropriety or a conflict of Interest. Office of Capital Projects Management Director Conrecode advised that this Item ts a public hearing to consider the adoption of an ordinance to establish the Dove Potnte Community Development District , (CDD) o Hr. Conrecode reported that on April 23, 1993, the Dove Points '.Development Corporation filed a petition to establish the ODD for the purpose of establishing, financing and managing infrastructure impro- vements. He explained that the Board has six factors of consideration in determining approval or denial of this request. He remarked that · staff has cited a number of concerns relating to the criteria for con- 'Sideration. Mr. Conrecode called attention to Items of concern as reflected tn the Kxecutive Summary: Item #6 - Whether the area that will be served by the district ia amenable to separate special-district government; Item #4 - Whether the district is the best alternative available for delivering community development services and facilities to the area that will be serviced by the district; and Item #3 - Whether the area of land within the proposed district ts of sufficient size, ts suf- ficiently compact, and ts sufficiently contiguous to be developable as one functional interrelated community. 'public golf course in Collier County. Attorney Dan Peck, representing Collier Golf Authority Inc., stated that his clients have been attempting since 1979 to initiate a He noted if there is a profit Page 30 3uly 20, 1993 does not go back Into the golf course for capital improvements, the group desires to set up fellowships or assistance to those stu- dents who are in need of pursuing vocational training or college, if appropriate. Attorney Ken van Assenderp, representing the petitioner, stated that the drainage system will be constr~cted with culverts and lakes and will be accomplished by the District and levied to the res/dents. He Indicated that the golf course and.the amenity as a recreation facility would be done by the D/strict but funded from user fees and spec/al assessments on only the golf course property. In response to Commissioner Natthews, Hr. van Assenderp explained if this particular entity cannot make it work, the property may not be used for anything other than a golf course because of restricted cove- Assistant County Attorney Yovanovtch provided the Board with a Nsmorandum of Agreement between the developer and the Board of County Commissioners. He revealed that the developer commits to disclosing to the property owners the cost of the special assessment and what it pays for. Commissioner Matthews questioned whether prospective buyers have the option of paying cash for the assessment at settlement, or an option of including the assessment in their mortgage and not be assessed for the interest on the bond. Mr. Jim Ward, representing the petitioner, replied if there la a special assessment, the option would be provided tn the documents Indicating that the buyer could pay off the assessment at any time, In addition to pre-payment provisions. C~lBtSele~4T Nozwis loved, seconded by Commissioner ~tthl~s Ind ca.-,rJ,~ Si1 (Ce~m/~ton~r Con~tmmttne oppoeed ~nd Co~a/~ione~ Volpe mbgtu/s~d), te f~-ove tho emtabliolument of the Dove Points CDD, ~nd thit. Oz'd~tmnce 93-S9 bo adopted ~nd entered In Ordinance Book lo. 61. Cattt#loner Natthews loved, seconded by Commissioner Norris mmd 20, 1903 :i. lbeta~d), to approve the Memorandum of Agreeuent end authorSzo the Comnteatoner Matthews requested that staff bring back reconnen- with regard to the minimum criteria for establishing a CDD, i.e. full and public disclosure and financial credentials of the deve- loper. Count~ Attorney Cu¥1er suggested that staff should first provide the Board with a recoemendatton on how to proceed. Page 32 :Xt:m ~'AOA · I~'~OLuTzoI g~-2'ZS, APPO:I:ITXI~ '2~Oltl~ A, COPPE]I'S TO TIIE Commissioner Norr~ suggested that Walter Kissell be appointed to the Emergency Medical Services Advisory Committee. Commissioner Volpe l~Ointed out that Mr. Klssell is an elected fire commissioner and because of the nature of services to be provided it may be wiser to appoint an individual who ia not directly controlled by the Independent Fire Control and Rescue District. C~l~ Volpe loved, ~econded b~ Co~ailsioner ~rl and clx~Ae~ lml~llou~ly, to appoint Thomal A. Coppen~ to t~ ~r~ Page 33 July 20, 1993 Commissioner Constantine advised that he and County Manager Dorrill have met and both agree that re-negotiations are probably in the best Interest of all. He revealed that discussions have been held with regard to the existing contract, severance, salary structure, a vehicle, dues and memberships, monthly expense account and the term of 'a contract. Commissioner Constantine stated that there has been a request by the County Manager's Attorney, that the Board vote and officially designate one specific member of the Commission to renegottate with the Manager and present the final details for approval or disapproval. Commissioner Constantine related that he anticipates that re- negotiations should be finalized in two weeks. ~~ Volp~ ~oved, seconded by Co~/saloner I~tthme~ that O~:m~ui~e~ ~t~nttn~ b~ demi~n~t~d u th~ official repr~ntat~v~ o~ th~ ~ e~ C~W Cm~e~ere to ~lore t~ r~t~at~ of ~e foll~tng per~ons spoke with regard to this item: Fred Tarr~t Ed Scheerer Cowry M~ager Dorrtll advised that the Items as listed tn his ~e~o are identical to the individual conversations he has had with each commissioner. County Manager Dorrill stated there is a clear list and distinc- tion between the lump sum bonus given by the Board the week before Christmas which was in lieu of a cost of living increase or merit Increase for this fiscal year. He noted that no other policies were amended nor was separate direction given, however, there are separate provisions for employees who were being promoted. Mr. Dorrtll remarked that there was a group of employees who ~'t" :' 3uly 20, 1993 received merit evaluations for 1992, but they were not completed or processed until early or mid 1993. He indicated that the Increases 'received were for the prior year. ~',~.i' [ : In response to Comr,tsstoner Constant/ne, County Manager Dorr/ll explained that there were no reclassifications other than one position In the Board office. Co.missioner Saunders called attention to Section 5 of the County'm Manager's memorandum, relating to Petty Cash. He suggested that Co~mtssioner Matthews review this issue and report back to the Board. Xn answer to Commissioner Matthews° Clerk Brock advised that the purpose of the $125 petty cash is to allow the County Manager to pay for things which do not meet the public benefit test. He noted that public funds ~ay not be used to pay for these Items and therefore ts recorded as income on his W-2 form. Commissioner Volpe asked Mr. Dorrlll to respond to the Issue of County Manager's Car Allowance. County Manager Dorrill stated that in 1990, county cars were eli- atnated for senior staff and tn lieu of this a car allowance was received. He indicated that a decision was made that the Manager was authorized to give an Increase in base salary for those unique cir- cumstances. r:' '' Finance Director Yonkosky reported that F.S. 112.061 requires the employee to come before the Board of County Commissioners with a eta- tement of itemization of the anticipated miles to he driven by the employee during the month. A discussion ensued with regard to the $275 monthly flat fee Offered to the Assistant County Manager. Clerk Brock recalled that Mr. Dorrtll requested that the Finance Director be directed to pay Mr. Hargett's car allowance, as proposed. He indicated that he advised that he could not do this since it violated Florida Law. He remarked that a discussion arose as to why and how personnel were being allowed to use their personal vehicles. Page 35 Suly 20, 1993 .He noted that he comsmntcated that there was no Board policy relating to thla with the use of a travel allowance. He advised that he would have paid the $275 travel allowance, if it had been presented to and approved by the Board, as per Florida Statutes. lt m th~ con~o~ of the Co~/eelon to re-visit the Ia~u~ of .'r:.th~ Court, Manager's contract In Zt~ ~2~ Co~aIssioner Saunders advised that the procedure for amending the County Manager's Ordinance, requires that the County Commission be presented with a resolution outlining the areas of the ordinance to be amended. He remarked that a 4/5's vote ts required in th/a regard. [~?:; · A discussion ensued w/th regard to the County Attorney presenting a' resolution for consideration on July 27, 1993, with the following amendments to the ordinance: Second Whereas of Ordinance 8?-43 to be deleted. Section One Sub Part I(K) - "...however, the employment of all division administrators shall require confirmation by the Board of Ccront-F Commissioners." Add: "and the Assistant C?nt¥ Manager' after 'division administrators". Sect/on Three Sub Part ! - Amending the language providing for the Board of County Commissioners to have the ability to provide a fixed term, tf desired. Section Three Sub Part 2 - W/th the exception of the first sen- tence, delete Sections A, B, and C dealing with the procedure for dismissal of the' County Manager. Section Five - To be deleted An its entirety. Attorney Robin Doyle, representing the County Manager, explained that the present ordinance is a part of Mr. Dorrlll's ex/sting contract. Be remarked that making changes to the ordinance would not i,neceseartly change the existing contract, unless it ts renegotiated or modified. Th~ ~ of th~ Boa~d ~ direction to th~ Cm~t~ &tto~ to 20, 1993 XteB#10D DXSCUSSXC~RB TONIIILa~ I4KKTZ~G CYRMARCO - MARCO CHAMBKR 0~ COI~RC~ TO B~ COI~A~WX'X'~ SOG~TIZ) DA"I'T,8 0~ 10/20/93 OR 10/2~/93 Commissioner Saund,~rs reported that he has had conversations with the Executive Director of the Marco Island Chamber of Commerce and was advised that September 16, 29 or 30 are recommended as meeting dates for the Board's consideration to conduct a town hall meeting on iNarco. "': The con~en~us of the Board was to postpone the town hall meeting until a date in October. Ms. Filson will contact the Chamber and suggest that the meeting be held on October 20 or 27, 1993. see lt~grA'dA~g Secretary Guev/n replaced Deput~ Clerk Hoffman Iq~MI~TZOII THAT THE BO&RD OF COUIITYCOI~SS/OHKRS AUTHORIZE TKE COOBTTATTORIKYTOADVKRTISE A PUBLIC liKARZXG FOR JIJIORDZILBJCK CRK&TI]IGAFUIDZI~ BASE FOR A COUJlTY-WZDE 800 MHZ PUBLIC SAFKTYR&DZO Commimstoner Volpe questioned if the surcharge to expand the current public safety radio communications system must be established at $12.50, or could it be a lesser amount? County Attorney Cuyler Indicated 812.50 is the maximum allowed State Statute. Colmtasioner Constantine communicated he ts uncomfortable dedi- cating ~oney toward the 800 MHz public safety radio system when a decialon has not yet been made regarding that issue. Comm/se/oner Matthews po/nted out this fee will generate annual revenuea of only 8190,000 towards a 814- to 820-million radio system. Cryatal Ktnzel, F/nance Director for the Sher/ff's Office, recalled the Board has identified an understanding that a new radio .~yatem will have to be implemented. She said while /ntttally this fee property taxation to fund this project. She said if this ordinance is Page 37 20, 1993 created, when the system is finally /dent/f/ed, no funding source will.be available. The following person spoke regarding thio item: Jack Pointer Cooeri#ioner Norr. t~ aoved, #conded b~ Coaatesioner Iktthe~ and carried 4/0 (Coaateaioner Constantine out), to authorize the O~t~ &ttorne~to advertise a public hearing for an ordinance creating a funding bemm for m County-4elde 800 ~ public ufety radio Tap~ ~/ ]I~C~00~T/ONTll&T T]~ BOARD OF COURTY COI~SSlONB:RS AUTHORZZ~ TR~ PUR:C11JI~JOID llr~f~TION OF A $OFTMAJ~ ~ IN T]~ COLLIER COO]ITT Co.isa/snot Constantine acknowledged that he requested this Item be removed from the consent agenda. He asked for an explanation of this eXl~en~tture. D~mian DeAndres, Data Processing Director for the Sheriff's Office, explained the Sheriff currently has a record system package which is approximately 15 years old in technology. He said that wF~tem needs to be upgraded to meet State guidelines tn reporting crt- ,.mos, which will also enable the Sheriff's Office to keep County-wide Statistics. He pointed out this proposal is a request for software only and the existing hardware w/Il continue to be utilized. In answer to Commissioner Volpe, Mr. DeAndres stated this expen- diture was included tn the FY 93 Capital Fund 301. Comm/e~toner No.rte moved, uconded t~ Commissioner I~atthew~ and caz~Le~v:f~enlmou~l¥, to approve the expenditure of $128,000 for the ~ and /notallat/ou of a software ~eten in the Cell/er Count~ BO&~O~OO~IT~~SSZONEI~S* COI~I~ZCATZONS Commissioner Constantine questioned if a workshop can be scheduled prior to the budget hearings to discuss the Items that were flagged ?0 Pa~e 38 3uly 20, 1993 during the budget workshops held tn June? ' It was the consensus to reserve time at a regular Board meeting to discuss those items. Commissioner Const~,nttne recalled receiving a 22-page report ;~earlier in the year from the Community Development Services Division on what could be done to make improvements in their area. He recalled August 3rd was set for an update on that report and he expects to see i:fil, that update as scheduled. ~ ';. ~.. Commissioner Norris noted the City of Naples has proposed to annex -'& portion of County property immediately south of the Naples Airport in the vicinity of North Road, to be used for affordable housing. He comznanicated hie concern that the City's plans call for 15 units per acre, while that area is designated for four units per acre. Be reported North Road is a very narrow street in a small neighborhood &nd although the proposal is a good project, it will be very incom- .. patible with this type of neighborhood. Also, he said, Transportation Services Administrator Archibald feels this project will entail major intersection improvements at North Road &nd Airport-Pulling Road. Be :... indicated that cost would have to be borne by Collier County. He asked the Board to write a letter to the City Council expressing their concerns with the proposal. It was the consensus that the Chairman will send a letter to the .C1~ Council regarding their proposal. '~ ' Commissioner Saunders informed the Board that Fern Aitchtson has requested m three-hour workshop to discuss the Parker fishnet method of beach renourishment. It was the consensus that Ms. Attchteon be allowed time at a regu- lar Board meeting to make her presentation. $~$ Cmma/mmloner NorTlm move, seconded by Commlsmtone~ Constantine and c~t~ S/O (C~teet~e= Vol~ ~ C~ee~ ~tthm ~t), t~t the foll~ ~te~ ~der It~~l ~ OF ~ OF ~IT 93-24 ~ 8E~I~ ~R ~V~TI~ ~T 71 Page 39 See Page. OF LITTI:R OF CREDXT 93-25 AS SKCURXTY FOR KXCAVATXOM PlSqNXT !i':;' ' See Pages .,~° ~7 lte~ #leA~ [. ACCKPT~ OF SIWKR FACXLITXES FOR TX~~D OF M~ES ~ ~ 0F o~ soo~ ~8~o ~ACZS ~ - ~7~ ACCKIPr]UJL'~ OF CASHXKR'S CHKCK AS S'KCURXTY FOR LAWDSCAPXNO FOR STT~ DIVlY~q~fT Pr, Al I0. 02-100 ePTPI:RES RESOLUTXOM 00°271, GRAHTr]~ IPZIAT, ACC"KPT~ OF TH~ ROADWAY, DRAXXAGE, AID ~ XMFROV~MlSrT~ FOR THE rXIAL PLAT OF "HA~KKR RB:PLAT AT PKLX~.MI BAY~ Xt~u #16A6 f~ASIAL PLAT OF *'MA]J~ AT REGAL LAK~" AXD AUTHORXZATXOI OF ¢OJr~TRUCTXOF AID MIX]rTIS~.I~ &(JItI:XMKI~T - W:ITH STXPULATXOIB AS LXSTKD XN THE See Pages :Item #16&7 II:I:SOLUT/OI 93-272, · SeePage.:. (~L~' :" 'ACCIFTAICl OF IIWIR FACXLXTXKS FOR KKLLKR'S RKITALS &lid 0~ ~ - 0~ BOOK 18~5 PA~ES 2169 - 2180 Xt~ ~0 ~~ ~ ~ 0r ~XT ~ SI~X~ ~R ~OAVATX0~ ~T NO. : ~-: See Pages ,;., ,Xtem #/6&10 ,ooK 72 'A~IP'Z]~ OF LETTER OF CREDIT AS SECURITY FOR KXCAVATZON FB3qMZT NO. soo FOR I~TZTZO% AV-93-010 TO RELFJtSI~ A PORTZON OF A ~ Z, OCAT~D AD3AC~T TO AVALON AT P~LZCAN BAY IXTIIIBTOll OF TZMI - ~OZIIT PARTZCZPATZO~ AGRKKliKHT FROM 3ULY 31, THROgI~ ~ $1, 1094 FOR THE llOIOK&LKI AIRPORT ~ 2993 Xte~ ~16B4 See Page', · 3~lly 20, 1993 :' - ~IT'E~&MOOMT O~ $47,389.01 ' ICTTXGI Off PROIiXSE TO PAY AID AGIq~OIR3~ TO ~ P&YMENT OF NATNR JLIW S~NKR ~ ~ flOR RTCKARD N. VO(3K~o TRUSTKE -~.o ,..,,.. f~ - 101 flOR ROBERT CLARK GAKDE AND ROBKRTA JAWE GAKDK LXTTLE BATXB~ACTXONB OF BOTZ~ OF PROMXSE TO PAY AND A~ TO KXTB3ED PAYMENT OY SENER XMP&b~ FEES fOR DKIEESE JLND LEON BRZNSON, KELKH Z. GKORGK, HAROLD E. HXXJ(BJLb"~° KATHY E. LYON° SKEARON AXE) LEROY PXPKR, PHXLLXPAND JAIKT !~ CLELLAN, DKBORAHA]IDMARKTULL, ROBKRTA A. COLT, IISo IU(3KIIZ ~ JOY~ HOMKLL, I~t~XEL AND VXRGXNXA TETLOMAND ,oo~ 000~ 74 Fmgm 42 20, 1993 SeePage. tqi- Iqq MORE. ~ ~ ~ ANNUAL MATKRZAL TKSTZNG SKRVZCKS AG'R.KKM~IIT W~TH LAW ~ J~ N3'P 92-1888 - ~ AN AM~OFf NOT-TO-*EKCKKD 020,000 s.. P.g.. ! cIE- ol01 Bo C0 Dm REPORT TO THE BOARD RE EMERGENCY PURCHASES RELATING TO THE CENTRAL LIBRARY AIR CONDITIONING SYSTEM BREAKDOWN. RECOM]~KNDATION FOR APPROVAL OF PAYMENT OF INSPECTION AND MAINTENANCE FEES TO THE EAST NAPLES FIRE DEPARTMENT FOR FIRE HYDRANTS INSTALLED ON THE NAPLES PRODUCTION PARK PROJECT. BOARD APPROVAL TO WAIVE THE FORMAL BID PROCESS AND ORDER SUPPLIES FOR TRAFFIC SIGN FABRICATION FROM MUNICIPAL SUPPLY AND SIGN CO. IN THE AMOUNT OF $13,000.00 BASED UPON WRITTEN QUOTES AS ATTACHED. RECOMMENDATION THAT THE BOARD OF COMMISSIONERS APPROVE THE AMENDMENT TO CONTRACT BETWEEN THE COLLIER COUNTY BOARD OF COMMISSIONERS AND INSURANCE AND RISK MANAGEMENT SERVICES TO REFLECT THE PURCHASE OF CONTINGENT LAW ENFORCEMENT LIABILITY INSURANCE. RECOMMENDATION TO APPROVE A CONTRACT FOR PROPERTY AND CASUALTY CLAIMS ADMINISTRATION TO WILLIS CORR00N ADMINISTRATIVE SERVICES CORPORATION. CORRESPONDENCE - FILED AND/OR REFERRED The following miscellaneous correspondence was filed end/or referred ae presented by the Board of County Commie.ton.re: Page 43 1989 PROPSRTY No. 305 Dated 07/14/93 '*.' 1990 ~i, RLILL PROPERTY No. 33? Dated 07/14/93 No. 242 Dated 07/14/93 1992 240/252 Dated 06/15/93 - 07/15/93 KXTR&GAZ~TZ)IIFoR ZIMATE I0'$. .78168,.64408, 24S30JUrD61587 57554, 54045, 54578, 38833, 72162, /':'~TZ~l~fl01 OF LZ~I FOR SERV/C~ OF T]~ PUBLIC DE:I~IDER Zt~m ~/~/ ~ to Zt~m Page 44 ~Ul¥ 20, 1993 There beAng no further bus,ness for the Good of the County, the meetAng wae adjourned by Order of the Chair - ; '.. .%..u - TAme: 7:15 P.M. BO~D OF CO~ CO~ISSIO~RS BO~D OF ZONING APPEALS/EX OFFICIO GOVE~ING BO~D(S} OF SPECIAL DISTRICTS UNDER ITS CONTROL as ~ presented I~ the Board on or aa corrected %¸' Page 45