BCC Minutes 05/18/1993 R Naples, Florida, May 18, 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 distr~cts as
have been created according to law and having conducted business
herein, met on this date at 9:00 A.M. tn REGULAR SESSION tn Building
"F" of the Government Complex, East Naples, Florida, with the
following members present:
ALSO PRESENT:
CHAIRMAN: Burr L. Saunders
VICE-CHAIRMAN: Timothy J. Constantine
John C. Norris
Michael J. Volpe
Bettye J. Matthews
l:h~ight Brock, Clerk of Courts; Bob Best, Senior
Administrative Assistant to the Finance Director; Annette Guevin and
Sue Carney, Recording Secretaries; Ellie Hoffman, Deputy Clerk; Neil
Dorrill, County Manager; Ken Cuyler, County Attorney; Dave Weigel,
Assistant County Attorney; George Archibald, Transportation Services
Administrator; Tom Ollfff, Public Services Administrator; Bill Lorenz,
Environmental Services Administrator; Leo Ochs, Administrative
Services Administrator; John MadaJewskt, Project Plan Review Manager;
Bob Blanchard, Growth Management Director; Ron Cook, Utilities Finance
Director; Mike McNees, Budget Director; Dick Clark, Code Enforcement
Director; Ed Gehring, Building Review & Permit Director; July Adarmes,
Technical Services Supervisor for Project Plan Review; Deena Quinn,
Real Property Supervisor; Keeth Kipp, Recycling Coordinator; Paul
Brigham, Court Administrator; Sue FI]son, Administrative Assistant to
the Board; and Mary Morgan, Supervisor of Elections.
Page
May 18, 1993
Tape
(173)
AGENDA - APPROVED WITH CHANGES
COmtesioner Norris noved, eeconded by Commteetoner Conetutine
and carried unanimously, to approve the agenda with the changes ae
detailed on the Agenda Change Sheet and with the following additional
changee:
Item #10F - Discussion of the public hearing regarding the
Habitat Protection Ordinance - Added.
Item #10G - Request to have the Board of County Commissioners
conduct a workshop regarding the actions of the Hispanic
Affairs Advisory Board and the Black Affairs Advisory Board -
Added.
Page 2
(250)
CON~ENT AGENDA - APPROVED AND/OR ADOPTED
May 18, 1993
The motion for approval of the consent agenda is noted under Item
#16.
(26?)
MINUTES OF THE REGULAR MEETING OF APRIL 20, 1993 - APPROVED
Comisaioner Matthews moved, seconded by Comisstoner Volpe and
carried uzLmni~oualy, to approve the M~nutes of the Regular Meeting of
April 20, 1993.
(266)
PRESENTATION OF AWARD PLAQUES BY MARY LOU WEISS FROM COLLIER COUNTY
PUBLIC SCHOOLS, ADULT AND COMMUNITY EDUCATION, TO MARY MORGAN,
SUPERVISOR OF ELECTIONS AND JEAN BROWN, BUREAU OF FOP~ENSICS AND
TECHNICAL SERVICES OF THE COLLIER COUNTY SHERIFPtS OFFICE
Mary Lou Weiss, representing the Adult and Community Education
Division of Collier County Public Schools, thanked Mary Morgan,
Supervisor of Elections, for the help she has provided tn the evenings
by speaking to classes of future clttzens and explaining the advan-
tages of registering to vote. She also thanked Mr. Jean Brown with
the Bureau of Forensics and Technical Services of the Collier County
Sheriff's Office, for his assistance tn fingerprinting those same
future citizens, which is a requirement of their citizenship.
(496)
Item ~6A1 & 6A2
BUDGET ANENDN~NTS 93-265 THROUGH 93-289 - ADOPTED
Commissioner Volpe referred to Budget Amendment 93-267, and
inquired if the $17,000 ts the result of a cost overrun for the
rewiring of l~ghts at Tommy Barfield Baseball Field?
County Manager Dorrill suggested he will investigate and provide
an explanation through separate correspondence, to which Commissioner
Volpe agreed.
Page 3
May 18, 1993
Commissioner Volpe ~oved, seconded by CoBtseloner Norris and
carried unanimously, that Budget A~end~ente 93-265 through 93-289 be
adopted.
(~98)
Item #6&3
BUD(lET AMENI~IENT RESOLUTION 93-32 - ADOPTED
Commissioner Volpe ~oved, seconded by ¢oBtesloner Norrte and
carried unantBousl¥, that Budget A~endment Resolution 93-32 be
adopted.
Page 4
May 18, 1993
KDUARDO GARCIA R~GARDING A BUILDING PERMIT - STAFF AND PETITIONERS TO
M~ET AND WO~ OUT A BUILDING SCHEDULE
County Manager Dorrill reported this item involves two members of
the Garcia family, who are from Dade County and are experiencing
problems associated with building permit issues.
Eduardo Garcta explained he has received a letter from County
Staff informing him that his permit is being cancelled due to the
18-month requirement. He said he has been unable to finish
constructing his home in Golden Gate Estates, because he is trying to
build the house on weekends and can only work on Saturdays because of
Collier County's /aw prohibiting those activities on Sundays. He
remarked both he and his brother have been working hard to finish both
their houses.
Ed Gehring, Director of Building Plan Review and Permitting,
stated the conversation he held with Mr. Garcta informed him of his
options. He said Staff has made no attempt to cancel the building
permit. He indicated Mr. Garcia was informed of the requirements of
the ordinance and, in accordance with the ordinance, he was asked for
a building schedule. He explained if vertical construction does not
progress once it is started, Staff expects to receive complaints and
they need the answers for those complaints.
Bernardo Garcia informed the Board that he is also building a
house in Golden Gate Estates, along with his brother. He noted Mr.
Gehring indicated to him that he must pour the slab and tie beam as
well as install a roof on the structure, all within 90 days. He
stated that is impossible for him and his family to accomplish.
Responding to Commissioner Saunders, Mr. Gehrtng reported Mr.
Bernardo Garcta must appeal to the Board of County Commissioners to
extend his building permit at this point, because he has already been
afforded the extensions authorized by Staff.
Commissioner Saunders requested that Mr. Gehring meet with Messrs.
Page
May 18, 1993
Garcta to assist them with their building permit problems.
This being a discussion item, no action was required.
(?~o)
Itam ,S&!
RECOI~(KNDATION TO APPROVE EXCAVATION PERMIT NO. 59.192 "BERKSHIRE
LAKES, PARCEL E" - APPROVED
July Adarmes, Technical Services Supervisor for Project Plan
Review, informed the Board that this request for an excavation permit
was denied by the Environmental Advlsory Board (EAB}. She said this
ts a request to modify the existing permit by revising the con-
figuration of three lakes into one lake for purposes of hauling the
fill off-site. She reported the EAB by a vote of 3/3, denied the
request because of red cockaded woodpecker (RCW) issues. She men-
ttoned upon a site visit by Staff, they saw no problems and are recom-
mending approval subject to stipulations.
In answer to Commlsstoner Constantine, Ms. Adarmes explained one
of the EAB members is familiar with the site and communicated concern
with potential RCW problems. She said he requested information from
the Florida Fresh Water Fish and Game Commission prior to approval.
Bob Furlong with Wi/son, Miller, Barton & Peek, Inc., stated this
ts merely a modification to an existing permit to consolidate three
lakes consisting of 24.3 acres into a single lake of the same size.
The following person spoke regarding this item:
Chris Straton, EAB
Addressing the concerns brought forward by Ms. Straton,
Commissioner Constantine asked why will Staff until after extensive
clearing of the site is completed before contacting the Florida Fresh
Water Fish and Game Commission? He commented at that point, any
wildlife will have been driven away.
Mr. Furlong reiterated the petitioner has an existing excavation
permit to clear 24.3 acres, and their only request this date is to
consolidate that acreage.
Commissioner Constantine asked what evidence of RCW activity has
Page
May 18, 1993
been seen?
Ms. Straton stated another member of the EiB, Mr. Eric Worsham,
stated when he visited the site, he found indications of RCW activity,
but no one asked what those indications were. She stated the feeling
was that the matter could be cleared up within 30 days through
correspondence with the Florida Fresh Water Fish and Game Commission.
John MadaJewski, Project Review Services Manager, clarified that
Staff worked with Wilson, Miller, Barton & Peek, Inc., who provided
convincing evidence that RCW's would not be affected by this clearing.
Commissioner Matthews stated she does not see a problem with
waiting to receive a letter from the Florida Fresh Water Fish and Game
Commission to verify there is no evidence of RCW activity.
Mr. MadaJewskt explained that Staff ks required to request tech-
nics! assistance when it has been determined there is a species pre-
sent. He said when it has not been determined, the Comprehensive Plan
makes it very difficult for Staff to request technical assistance
without merit. He said Staff has not been able to find the grounds in
this particular case, to seek such technical assistance.
Commissioner Volpe moved, seconded by Commissioner Norris mnd
carried 4/1 (Commissioner Matthews opposed), to approve Excavation
Per. it No. 59.192.
Item ,8B1
KECO~g~ENDATION TO APPROVE AND EXECUTE A NEW LEASE AGREEMENT BETWEEN
COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, AND
SMILEY SUI~ERALLS, FOR UTILIZING A PORTION OF THE IMMOKALEE AIRPORT
FOR THE SOLE FURPOSE OF STORING PRIVATE AIRCRAFT - APPROVED
Transportation Services Administrator Archibald explained this
item is a renewal Lease Agreement with Mr. Smiley Summeralls for a
site located in the southwestern segment of the Immokalee Airport. He
said the one-half acre site will continue to be used for the storage
of a small airplane. He noted the lease is for one year with an
extension clause for one renewal year, and the rates change each year
with a one percent increase.
Page ?
May 18, 1993
Commissioner Matthews communicated she requested this Item be
removed from the consent agenda because of recent conversations about
establishing an airport authority. She questioned whether a one-year
lease, renewable for an additional year may possibly interfere with
an airport authority, should one be established? She suggested if
this is approved, would it be possible to approve this lease subject
to the airport authorlty's five-year plan?
Commissioner Volpe noted the lease contains a 60-day termination
provision.
The following person spoke regarding this Item:
George Keller
Commissioner Constantine ~oved, seconded by Co---lseioner Norris
and carried unant.~ouml¥, to approve the Lease Agreement between
Collier County and Saile¥ Su~aeralls.
Page 8
May 18, 1993
(~¢~0)
Ittm JSK1
P~ECOg~ENDATION TO REVIEW AN AGREEMENT WHICH PROVIDES FOR $100,000 FROM
THE ~AC LAND TRUST TO PAY FOR A PORTION OF THE DESIGN AND ENGINEERING
EXPENSES FOR T~E GOLDEN GATE ESTATES COMMUNITY PARK - CONTINUED UNTIL
THE GOLDEN GATE ESTATES CITIZENS ADVISORY COMMITTEE HAS MET AND
REVIEWED
Deena Qutnn, Real Property Supervisor, recalled on March 30, ~993,
the Golden Gate Citizens Advtsory Committee recommended that the Board
of County Commissioners approve the expenditure of $100,000 from the
GAC Land Trust Fund. She said the funds were to be used for
ttattng the design and engtneerlng of a community park on 56 acres
located along Immokalee Road. She stated the funds were recommended
by the commfttee to encourage development of the 56 acres vs. develop-
ment of smaller parks along Golden Gate Boulevard. She reported this
Item was continued for 30 days because earlier in the meettng of March
30th, the Board approved an item that directed Staff to purchase 15
acres adjacent to the Big Cypress Elementary School and to solicit
property owners to determfne their interest in selling 10 acres
located on Golden Gate Boulevard and loth Street S.E., for a community
park. In addition, she said, the Board wanted to explore the best use
of the 56-acre site. She advised the County Attorney's Office is
currently researching legal issues regarding the lease and/or sale of
the 56 acres, and the Parks and Recreation Department will be
addressing tentative uses for the site at a future Board meeting.
Ms. Qutnn continued, stating because Staff is pursuing the
purchase of two park sites along Golden Gate Boulevard, Public
Services Admtnlstrator Tom Olliff is requesting the $100,000 be
expended for those future park sites. She sald in the event that
request ls approved, it is her recommendation that the Board authorize
the preparation of an agreement and.soltc]t a letter of no objection
from Avatar Properties, Inc., concerning the expenditure of funds from
the Trust Fund, prior to ftnallzing the agreement.
Chuck Stephan, Chairman of the Golden Gate Estates Cttlzens
Advisory Committee, requested the Board contlnue this item for 60 days
Page 9
May 18, 1993
due to changes tn membership of the Committee. He explained the
sitting Committee has not yet met to discuss this subject and w~ll not
be meeting until May 24th.
The following people spoke regarding this Item:
George Keller Dawn Platt
Matt Hudson
Co---~sstoner Constantine moved, seconded by Coo~esioner Matthews
and carried unanimously, to continue this ~tea until the new Golden
Gate OttJzens Advisory Comtttes has revl~ed the re.est.
It~ ~8E3
~C~ATION TO ~ST~LISH A ~ I~E~ S~IC~ ~ FOR A~O~TED
I~TION ~S - ~PRO~D
Leo Ochs, Administrative Services Administrator, reported Staff
has been advised by the Clerk of Courts of his Intent to dissolve Fund
504, which Is the internal service fund that operates the Glerk's MIS
Data Processing Center, and which also contains a cost center for a
portion of the Board's Office Automation and Information Systems
budget. He said based on the Glerk's intention to collapse Fund 504,
the County Manager's agency must gain approval from the Board to
establish a new ~nternal service fund to continue charging subscribers
for the cost of the Office Automation System.
Clerk Brock explained he is dtssolvJng Fund 504 upon recommen-
dation from the Clerk's external auditors that the Clerk should not
have internal service funds on his books. Consequently, he said, at
the end of FY 93, Fund 504 will be dissolved in an attempt to be
equitable with the Board agencies that have operated within Fund 504
Jn the past, and a line item transfer of approximately $40,000 will
occur. He noted excess reserves tn Fund 504 of approximately $70,000
from the total $110,000, will be transferred back to the Board's agen-
cies as the fund ts collapsed.
Commissioner Norris moved, seconded by Coutes~oner Volpe and
carr~m~ 4/0 (Com~ee~oner Matthews out), to approve the reconendat~on
Page 10
May 18, 1993
to establish a n~w Internal service fund for Automated Information
Syst~.
(2021)
RECON~I~D&TIO~ TO UPGRADE COHI~UTER HARDWARE IN THE COUNTY NA~AGER~S
AGENCY - STA~ RECOMMENDATIONS APPROVED WITH MODIFICATION
*** Comlsstoner Matthews returned to the meeting at this tile. '*'
Leo Ochs presented a recommendation to upgrade the capacity of the
Board's computer resources that are currently used to support office
automation, automated building permit tracking and utility billing
applications. He recalled tn December, 1988, the Board of County
Commissioners approved a flue-year lease purchase agreement to acquire
a Digital Equipment Corporation VAX 6330 mid-range mtnf-computer to
power the office automation system and the building permit tracking
system on Horseshoe Drive. He reported at the time the system was
acquired, It was sized to accommodate a maxtmum average of 200 con-
current users and approximately 350 overall subscribers. He said over
the Intervening years, the subscriber base has grown and several other
applications have been added to the computer in response to individual
department requests for program support. He indicated the end result
of that load on the computer is the capacity has been depleted to the
point where performance has fallen below acceptable standards. He
stated the load created by the utility billing system has been removed
from the system through the loan of a computer from Digital Equipment
Corporation to the Utilities Division for the past six months,
however, it must be returned to the manufacturer by the middle of
June. He indicated that issue plus the capacity problem created by
the number of office automation subscribers have resulted tn this
recommendation to upgrade the hardware through the purchase of a VAX
7610 mid-range computer. He advised Staff Is recommending the system
be procured on a 36-month lease/purchase arrangement at an interest
rate of 5.95 percent and a monthly pay~nt of $14,032. He noted that
amount is approximately $900 more than the current monthly lease
O00P, : 28'
Page 11
May 18, 1993
purchase payments, and the increase can be financed through the
revenues currently being generated from subscribers on the office
automation system, without an increase in fees. He mentioned this
upgrade recommendation has been reviewed by the MIS Master Planning
Committee and the Citizens Productivity Committee, who have all
acknowledged the need for the upgrade. He commented Staff has also met
on two occasions with Mr. Lenane, who the Board previously asked to
assist and review new technology acquisitions being considered by
Staff. He reported Mr. Lenane offered additional thoughts on possibly
redesigning the system over the next few years to move to a more
distributed system with more computing done on personal, desk top com-
puters. Re acknowledged over time, that will free up the subject
purchase to accommodate more of the systems that are currently running
on the Clerk's equipment, which is also experiencing capacity
problems.
County Manager Dorrill notified the Board that Staff's recommen-
dation has been modified to allow the Clerk to purchase the current
computer system, rather than using it as a trade-in back to Digital
Equipment Corporation.
Clerk Brock communicated that he has evaluated the condition of
the MIS Staff and the operations relating solely to the Clerk's
Office. He reported he has come to the conclusion that in order to
automate the Court system and provide a Minutes and Records Department
that complies with contemporary standards, he must upgrade the Clerk's
present system, which is over six years old. He said if the Board
approves purchase of the VAX 7610, he would like to purchase the
current system for the cost of the trade-in. He also stressed that by
creating this additional machine in the MIS Department, the ability of
the one current systems manager will be taxed to the limit. He
notified the Board that he will be required to hire an additional
systems manager for the extra workload. He concluded with a request
that the Board sell its present equipment to the Clerk's Office, with
the understanding there will be additional costs in personnel services
Page
May 18, 1993
tn order to upgrade the Clerk's system to an acceptable capacity.
In response to Commissioner Volpe, Clerk Brock stated the ultimate
objective is to remove the "mission critical applications", such as
maintaining the financial records, Court records and the official
records of Collier County, from the two old computer systems and place
them onto the VAX 7610 in the data center. He said all non-mission
critical functions will then reside outside of the data center, which
is a more appropriate trend in the industry.
Mr. Ochs assured Commissioner Volpe that this purchase fits into
the emerging strategic plan for the data processing functions of the
County. He agreed with Clerk Brock that the ultimate goal is reducing
from two or three large mid-range computers to one mid-range computer
that will support all mission critical applications, with office auto-
marion, imaging and some of the other applications being handled
through a distributed environment.
Commissioner Constantine asked how will this plan of action limit
the ability to work with other Constitutional Officers?
Mr. Ochs advised that the technology being recommended will
increase the processing power and will not change the operating system
or the network that allows communication between the Constitutional
Officers.
Clerk Brock concurred, adding they are attempting through this
distributive processing, to go an open system which will make com-
munication between the Constitutional Officers easier to facilitate.
Commissioner Volpe commented that it seems this issue was precipi-
tated by the Clerk's decision that he could not accommodate the uti-
lity billings.
Clerk Brock responded that the utility billing application
currently resides on loaner equipment from Digital Equipment
Corporation, which will very shortly no longer be available to Collier
County. He also stressed the inability of the office automation
equipment to support the amount of concurrent users.
C~sstoner Norris moved, seconded by Colissioner Saundere, to
Page 13
May 18, I993
approve Staff'a recommendations for the lease purchase of a Digital
VAX 7610 co~puter and associated equipment, with the modification that
the VAX 6330 equipment wtll be sold to the Clerk for its trade-in
value.
In response to Commissioner Volpe, County Attorney Cuyler stated
that the basis for the waiver of Section XIII of the purchasing policy
is sole source.
County Manager Dorrill mentioned the equipment will be purchased
on State contract.
Mr. Ochs added the actual waiver is not on the State contract
purchase and only relates to the lease purchase arrangement.
In answer to Commissioner Constantine, Mr. Ochs replied if this
request is not approved, at the Board's next meeting, the Utilities
Division will be requesting a computer, because they have no ability
to process their bills after June 15th. Also, he said, the subscri-
bers to the office automation system will find that the number of
people who can log in at any one time will be limited.
Tape #2
Responding to Commissioner Volpe, Ralph DeCarlo with Digital
Equipment Corporation, stated his Company would be wi/ling to lease
the equipment they are currently providing to the County at no charge.
Upon call for the question, the motion carried unanimously.
P~$~T$ O~ A ~J~T~ ~J~.AC.T~RI~ATIO~ $~Y TO ~ETE~Ih~ ~AJ~ITY O~
RECYCLABLES IN THE WASTE STREAM - REPORT ACCEPTED
Keeth Ktpp, Recyc~ing Coordinator, explained the Waste
Characterization Study was conducted from April /st to April 9th for
single-family dwellings, and from April 21st to April 30th for multi-
family units and businesses. He suggested this study should be
repeated on a quarterly or semi-annual basis to more accurately deter-
mine recyclables within the waste stream. ReferrinG to a pie chart tn
the agenda package, he explained the various categories and their per-
Page 14
May 18, 1993
centage of the waste stream in Coil/er County. He noted Staff has
concluded that there is a sufficient amount of recyclables within the
waste stream, but the ability to capture them and meet the goals of
the old legislation ts highly unlikely. He remarked, however, that
the Governor has recently the update to the Solid Waste Management Act
which may mean Co/l/er County can meet the recycling goal through
expanding the curbs/de program to include multi-family and businesses
on a limited scale.
Bill Lorenz, Environmental Services Administrator, communicated
the Legislature has passed a Bill that Staff and the Department of
Environmental Regulation (DER) are still attempting to interpret. He
said Staff is hoping to receive a policy document from DER within the
next month. He mentioned the new legislation seems to ignore specific
results, such as the capturing of specific percentages of the various
waste stream categories. He said the new language states if a program
is designed to recover a majority of newspaper, aluminum cans, steel
cans, glass and plastic bottles, the requirements will be met. He
indicated if DER allows Collier County to target those five materials,
the minimum requirements will be met through only single and mu/ti-
family units. He remarked if DER indicates Collier County must have a
more reasonable capture rate, such as 40 to 50 percent, Staff believes
that the County can reasonably meet the requirements if businesses are
added to a curbside program. He concluded that Staff will be working
closely with DER to solicit their interpretation of the new /egis/a-
tion, because it will be difficult to delineate a recycling program
until their policy document is available. Mr. Lorenz stated once
DER's interpretation is received, Staff will be returning to the Board
with a series of alternatives, ranging from the minimum requirements
of the State to more ambitious programs and their related costs and
benefits.
Mr. Lorenz recalled in January, 1993, the Board directed Staff to
obtain bids on an interim mu/ti-family program. He said bids were
sent and a pre-bid meeting was held, however, Waste Management indi-
Page 15
May 18, 1993
cated they felt the County had not continued to negotiate with them
according to their contract. He reported the County Attorney's Office
ruled that Staff needed to spend more time negotiating with Waste
Management for a multi-family or commercial type of program, and those
negotiations are now in progress. He indicated his hope that Staff
will be returning within the next month with a proposal from Waste
Management, at which time the Board has the option of either accepting
that proposal or again directing Staff to go out to bid for that type
of program.
Mr. Lorenz communicated Staff has also held initial pre-proposal
meetings with other vendors with regard to the Materials Reclamation
Facility (MRF) concept. He said those attempts have been put on hold
until a clear understanding of the new legislation ~s tn hand.
Commissioner Constantine questioned how the reclamation rates of
Collier County compare to other counties7
Mr. Lorenz responded under the old legislation, Collier County had
a 17 percent rate of recycling, and received a rating of 21 out of 67
counties. He said in terms of reducing the amount of material going
to the landfill, Collier County was first or second in the State, but
did not receive credit for that because of the old legislation.
Commissioner Volpe asked if businesses currently have a voluntary
recycling program, is there any way for the County to claim credit?
Mr. Lorenz stated the County receives credit for whatever data can
be collected from businesses, however, that information is sometimes
difficult to get.
Mr. Kipp added part of the new legislation requires recycling
businesses provide information to the State, who in turn will provide
that data to the County. He said those businesses have not been
willing to work with the County, because once the County has that
information, it becomes public record and is then available to their
competitors. He indicated that will not happe~ with the information
being provided to the State, rather than the County.
The following people spoke regarding this item:
Page 16
May 18, 1993
Bob Krasowski Brad Cornell
Commissioner Matthews inquired what will happen if Collier County
does not meet the required recycling percentage?
Mr. Kipp replied grant funding may be withheld from both the State
and the federal government. He said grant funding for the current
year totals $16-mtllton.
Commissioner Matthews referred to a material known as glass-phalt,
which she stated if proven effective, will greatly reduce the amount
of colored glass going to the landfill. She also mentioned having
investigated a pelletizing operation in Maryland and Virginia, and
suggested that type of alternative also be looked at, which may
increase trash pick-up by 50%.
Mr. Lorenz communicated a survey is now being compiled to test the
sentiment of residents to determine how much they would be willing to
pay for these types of benefits.
It was the consensus to accept the report as presented.
(328?)
Item #1OD
TRIBAL POSITION ON THE LAND DIUF~LOPMENT CODE RI~QUIRING INDIANS TO
OBTAIN PERMITS PRIOR TO HARVESTING CYPRESS TREES FOR CHIOKEE
CONSTRUCTION - STAFF AND INDIANS TO WORK OUT PLAN AND EXPLOR]~ CHANGES
TO ~ LAND DEVELOPMENT CODE
Steve Terry, Land Resources Manager for the Mtccosukee Tribe,
exhibited a slide presentation depicting the harvesting process of
cypress trees for chickee construction. He concluded by asking the
Board to amend the Land Development Code (LDO) to exempt Native
American chtckee builders from the requirement to obtain permits for
that work.
The following person spoke regarding this item:
O.B. Osceola, Sr.
Commissioner Saunders clarified that the request is not to waive
the fee, but to exempt South Florida Native Americans from being
required to obtain a permit to harvest cypress trees for chtckee hut
construction as long as they have permission from private property
Page 17
May 18, 1993
o~ers.
Dick Clark, Code Enforcement Director, provided the Board with an
example of the present circumstances. He said on May 1?th, both the
Sheriff's Office and Code Enforcement Staff were called to Golden Gate
Estates regarding five separate incidents of cypress clearing by
Indians. He said there is no uniformity of purpose among the Indians.
He explained his Staff and the Deputies were told by three of the
Groups that the Indian Representatives do not represent them and they
do not care what agreement is made. He indicated the Indians stated
they will not respect other people's property because it is Indian
property as far as they are concerned.
Mr. Terry explained he represents the Miccosukee Tribe of Indians
of Florida, while Mr. Osceola is a member of the Seminole Tribe of
Florida. He noted some Indians for personal reasons prefer not to
belong to either Tribe, and are usually referred to as either the
Independent Indians or the Traditional Seminoles.
Commissioner Norris commented the issue is that the Board of
County Commissioners is being asked to waive fees for a particular
group of people.
Commiss~oner Saunders agreed, but added there is a precedent as
noted ~n the Position Paper submitted by the Miccosukee Tribe. He
referred to page 20 of the agenda package, containing Florida Statute
581.187, which states that all Florida Indians shall be exempt from
the prohibitions and penalties of Section 581.185, which provides for
the preservation of native flora of Florida.
Commissioner Volpe pointed out if this exemption is granted how
will Staff know if private property owners have consented to the har-
vestinG of cypress on their properties?
Mr. Clark suggested if approved, that the exemption contain a
requirement that the person cutting the trees must have the written
permission of the owners in hand.
Mr. Terry agreed that a provision such as suggested would not be
unreasonable.
Page 18
May 18, 1993
Commissioner Volpe offered a further suggestion that prior to
Indians harvesting on private lands, they be required to file the
written authorization of the owners with the Code Enforcement
Department.
The fo/lowing person spoke at this time:
Tina Osceola
It was the consensus that Staff will meet with the Indians to work
out a plan and e~lore changes to the LDO to ~rant mn exe~q~tion to
Native A~ertcans from the requirement to obtain permits prior to har-
vesting cypress trees for chickee construction.
ese Recessed: ~1:40 A.M. - Reconvened: 12:40 P.M. at which
ti~e Recording Secretary Carney replaced Recording Secretary
Ouevtn ***
*** Courts.toners Saunders and Volpe out ***
(2~)
Ite~H2
MID-YEAR REPORT ON MAJOR COUNTY REVENUES
Budget Director, Mike McNees, gave a six month update on major
revenues in three areas, Intergovernmental Revenues, Enterprise Fund
Revenues and Impact Fee Revenues. Mr. McNees described the Revenue
Report noting that under Intergovernmental Revenues four of the reve-
nue sources are within 5% mid-year of the projected budget and stated
that it is expected that all the State Shared Revenues will be on
budget or ahead based on the six month information. Regarding
Enterprise Fund Revenues, Mr. McNees cited that the County is behind
approximately 13~ in Water Revenues, projecting that to be approxima-
tely 20~ for the year. He said the Utilities staff explained the
shortfall is due to conservation rates and the delay in the completion
of the North County Regional Water Treatment Plant. He explained that
budget amendments to Water Operations may be necessary to make up for
this budget shortfall. Regarding building permit fees, Mr. McNees
projected a year end shortfall of approximately 16%, and clarified
that an additional $900,000.00 was brought in at the end of 1992 due
to the fact that many people applied for building permits in advance
Page 19
May 18, 1993
of the road impact fee increase. Mr. McNees indicated a substantial
shortfal! in each of the Road Impact Fee Funds for exactly the same
reason, in each case the excess fees in 1992 offset the variances for
the first part of this year. He stated that he foresees no budget
amendments at this time, however, if the shortfalls continue and are
larger than the excess from last year, it may be necessary for budget
amendments.
· '' Commissioner Volpe arrived at this
In response to Commissioner Norris, Mr. McNees explained that the
sewer revenue is so great due to the increase in customer base
which makes it difficult to budget those revenues accurately.
County Manager Dorrill specified that half the new sewer customers
are not water customers.
Commissioner Norris questioned if the sewer customers were being
overcharged and whether those charges should be adjusted?
Mr. McNees replied that the situation would have to be monitored
closely over the next few months and that an adjustment may have to be
made.
Commissioner Matthews stated that it is unfair that the sewer
customers subsidize a water system that is not collecting the fees
expected.
(3222)
ItaB
KESOLUTIOH 93-203 APPOINTING JOSEPH FRENI, JR. TO THE TOURIST
DEVELOPMENT COUNCIL - ADOPTED
Administrative Assistant to the Board Filson reported that one
appointment is necessary due to the resignation of Charles Popper.
Ms. Filson stated that a press release was issued and resumes were
received from six applicants, noting there are no recommendations for
appointment. She noted that one applicant, Mr. Schomacker is a resi-
dent of Fort Myers, and according to Ordinance 86-41 is not eligible
for appointment.
ColamAsmioner Volpe ~oved, seconded by Commissioner Matthews, to
Page 20
Nay ~8, ~993
appoint $o~ph Frenl, Jr. of the Ritz-Carlton Hotel to the Tourist
Dev~l~t Council.
Commissioner Norris suggested the appointment of Michael Watklns,
who is a long t/me res/dent.
Upon call for the quest/on, the mot/on carried 3/1, (Co~lastoner
Norris opposed and Comm/aa/oner Saunders out), thereby adopting
P~solution 93-203.
Page 21
~ay ~8, 1993
Itn#lOB
I~ESOLUTION 93-204 APPOINTING VIN DEPASQUALE TO THE TOURIST DEVELOPMENT
COUNCIL - ADOPTED
Administrative Assistant to the Board Ftlson stated that one
appo/ntment is necessary to fulfill the remainder of a vacant term,
expiring on December 31, 1993. Ms. F/lson reported that a press
release was issued and two resumes were received, she advised that the
Parks and Recreation Advisory Board is recommending the appointment of
Hr. Vtn DePasquale.
Conisstoner Volpe moved, seconded by Commissioner Matthews and
carried 4/0, (Contsalonar Saunders out) to appoint Yin DePaaquale to
the Park~ and Recreation Advtsor~ Board, thereby adopting Resolution
93-204.
Page 22
May 18, 1993
Ite~ #lOC
RESOLUTION 93-205 APPOINTING ROBERT R. RADOVICH, ANTHONY M. LEIGH AND
PAUL J. MULLER TO THE HOMELESS ADVISORY BOARD - ADOPTED
Administrative Assistant to the Board Fi/son reported that the
subject of this item is to appoint three members to serve 4 year terms,
on the Homeless Advisory Committee. She informed the Board that a
press release was issued and five resumes were received, she advised that
the Homeless Advisory Committee is recommending the appointment of
Robert R. Radovich and the re-appointment of John Lindell and Brenda
DeJong. Ms. Filson noted that John Lindell and Brenda DeJong did not
submit resumes prior to the April 2, 3993, deadline.
In answer to Commissioner Norris, Ms. Filson stated that Mr.
Lindell and Ms. DeJong were disqualified because their resumes were
not received prior to the deadline.
The following people spoke regarding this item:
John Lindell James Proud
Peter Hewitt
Coltsstoner Norris moved, seconded by Cow~tsstoner Matthews, and
carrie(] S/1 (Commissioner Volpe opposed and Co~isaioner Saundera out)
to appoint Robert R. Radovich, Anthony M. Letgh and Paul J. Muller to
the Homelus A~visory Committee, thereby adopting Resolution 93-205.
Page 23
May 18, ~993
Tape ~
(~29)
Ztem #20~
RESOLUTION 93-206 APPOINTING GILMORE P. SCHOLES TO THE MARCO ISLAND
BEAUTIFICATION ADVISORY COMMITTEE - ADOPTED
Administrative Assistant to the Board Filson remarked that a press
release was issued, and three resumes were received. She noted that
the Marco Island Beautification Advisory Committee recommends the
appointment of Gilmore P. Scholes.
Co~se~oner Norris, seconded by Commissioner Matthews, and
carried 4/0 (Cow~issloner Saunders out) to appoint G~lmore P. Scholes
to the Marco Is/and Beautification Advisory Com~ttee, therefore
~dopt~ Re~olut~on 93-206.
Page 24
May 18, 1993
It~ #IOF
PUBLIC I~ARING REGARDING THE HABITAT PROTECTION ORDINANCE - CCPC TO
MEET ON JUNE 10, 1993 AND BCC TO MEET ON JUNE 16, AND JUNE 29, 1993
County Attorney Cuyler advised the Board that the Collier County
Planning Commission (CCPC) delayed consideration of the Habitat
Protectfon Ordinance and the amendments to the Land Development Code
until June 14, 1993 at which time they will have a workshop meeting.
Commissioner Volpe voiced his concern regarding the Department of
Community Affairs possible lawsutt, and inquired whether the CCPC
could possibly meet before June 14, 1993.
County Attorney Cuyler suggested that the Board may want to con-
sider setting time limits themselves and directing the Advisory Boards
to react in a certain amount of time.
William Lorenz, Administrator of Environmental Services, reported
that Staff dtd not have the opportunity to give their presentation and
that the CCPC wanted more wrttten information for their review.
County Manager Dorrill agreed that the CCPC be given notice of a
deadline.
Co~missioner Volpe emphasized that the CCPC should act and have
their recommendation ready for the Board so that the first advertised
meeting could be held on June 2, 1993.
After a brief discussion tt was decided that the CCP¢ schedule
an emergency session in the briefest amount of time possible.
Tape H4
(2339)
County Attorney Cuyler reported that the CCPC could meet on June
10, 1993, which would allow the Board of County Commissioners to meet
June 16, 1993 and June 29, 1993 at 5:05 P.M.
Conissionsr Volpe moved, seconded by Commissioner Matthews,
carried 4/0, {Commissioner Saunders out) that the Collier County
Planning Co~mtssion will meet on June 10, 1993 to consider the Habitat
Protection Ordinance and the amendments to the Land Development Code.
Tmpe H3
(1226)
Item HIOG
Page 25
May 18, 1993
WOItF.~HOP REGARDING THE ACTIONS OF THE HISPANIC AFFAIRS ADVISORY BOARD
AND THE BLACK AFFAIRS ADVISORY BOARD TO BE HELD AT REGULAR BCC MEETING
Commissioner Constantine acknowledged the ~etter Commissioner
Saunders received from the Black Affairs Advisory Board requesting a
workshop on June 22, 1993 to discuss their proposal for an Equal
Opportunity Commission.
Commissioner Volpe inquired whether this could be discussed at a
regular meeting and Commissioner Norris reminded the Board that it had
previously been decided that this item would be heard at a regular
meeting.
County Manager Dorrill noted the budget workshops along with a
~otnt meeting with the City Council scheduled for June.
After a brief discussion it was decided that the proposal would be
discussed at a regular meeting.
Item~12C1
RESOLUTION 93-20? TO VACATE A 60 FOOT ROAD RIGHT-OF-WAY PLATTED AS
ROMANO TERRACE AS LOCATED ON THE PLAT OF MARCO BEACH UNIT 3 - ADOPTED
Ruse Muller of the Transportation Services Division explained that
this item is m reconsideration of Petition AV-92-020 for the vacation
of an existing road known as Romano Terrace on Marco Island. He noted
that this Item had been continued from March 23, 1993 based on the
Board of County Co~mtssioners directive of April 20, 1993. Mr. Muller
described the location of the property and the reason for the request.
He reported that Staff reco,~ends denial.
The fo/lowing people spoke regarding this Item:
Dave Brunet
Warren Wheeler
Sam Turtel
John Oberg
Paul Hoy
Tape #4
Ltnda Ceroltak
John Prout
Linda Garcla
Don Miller
Vic Dekonschln
Bill Lambert
Michael Hughes
Ed Clark
Catherine Prout
Desmond Garcia
Ron Junta
In response to Commissioner Norris, County Attorney Cuyler replied
that if a condition ts made part of the approval of this vacation and
Page 26
May 18, 1993
the Church agrees to sign a deed restriction, it may be possible to
legally forbid the use of the lots for parking,
Transportation Services Administrator Archibald responded affir-
matively to Commissioner Volpe's question as to whether Romans Terrace
is required for public use and convenience.
County Attorney Cuyler clarified the legal parameters by stating
that the term "vacation" is used in two statutes; in this case the
closing of the road must be in the public's best interest, in the
other statute "public convenience" is a factor in determining public
benefit.
In response to Commis~ioner Volpe, Transportation Services
Administrator Archibald maintained that there is a general public
benefit to eliminating Romans Terrace by eliminating a roadway
from the county maintenance system.
Commissioner Volpe inquired if this vacation could be approved
with the condition that other than Lot l, Block 81, that if any other
lots are used for any other purpose other than single family residen-
ces, the property that is being vacated would revert to the public.
County Attorney Cuyler indicated that the petitioner would have to
agree on record to such a stipulation.
Commissioner Constantine asked Mr. Mil/er if he would agree to the
"reverter" clause suggested by Commissioner Volpe. Mr. Brunet agreed
as Attorney for the church, with the concurrence of the Board of
Trustees Chairman and also the President of the church.
Commissioner Constantine closed the public hearing.
Co~iastoner Norris moved, seconded by Commissioner Constantine,
to grant Petition AV-92-020 with stipulations as discussed, to include
the f~n~ing that it is in the public's best interest and the simulta-
neous acceptance of utility easements, thereby adopting Resolution
93-207.
Russ Muller explained that an existing sanitary sewer runs under
Romans Terrace.
Upon cmlling for the question, the motion carried 4/0
(Conditioner Saunders out).
Page 27
May 18, 1993
Item ~14
BOARD OF COUNTY COMMISSIONERS' COMMUNICATION
Commissioner Volpe asked Mr. Cuyler when the codfftcatton of
existing ordinances will take place. Mr. Cuyler indicated he would
check and report his findings to the Board.
Commissioner Volpe inquired as to what Advisory Boards have their
own stationary and business cards, and County Manager Dorrlll indi-
cated he would check and report his findings to the Board.
Commissioner Matthews stated that she would be unavailable to
attend the Budget hearing scheduled for June 16, 1993.
It was the consensus that the Budget Workshops would be held on
June 14, June 21, and June 23, 1993.
Commissioner Matthews revealed that she has received a number of
telephone calls complaining about an area called Pipers Pasture
regarding odor, vultures and suspected illegal dumping which could
possibly affect the groundwater. County Manager Dorrtll stated that
Pipers Pasture is approved and permitted for sludge disposal and
inspections are done regularly, but he will investigate the situation
and report his findings to Commissioner Matthews before the end of the
week.
*** Counissioner Matthews moved, seconded by Cow=tssloner Norris
Matthew~ and carried 5/0, that the following items under the con-
ael~t agenda be approved and/or adopted:
Ite~91~A1
THE FINAL PLAT OF "NORTH COLLIER INDUSTRIAL CENTER" - WITH THE
STIPULATIONS AS LISTED IN THE EXECUTIVE SUMMARY
See Pages
Ite~ ~16B1 deleted
It~16B2
STATUTORY DEED RELINQUISHING COLLIER COUNTY'S UTILITY INTERESTS AS SET
FORTH IN THE WARRANTY DEEDS FOR TRACTS 85 AND 86 IN NAPLES PRODUCTION
PARK
See Pages 0'~' C~
Item ~16B3 moved to ~SB1
45
Page 28
~a¥ 18, 1993
SATISFACTIONS OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND
PAFME~T OF SEWER IMPACT F~ES FORMARK AND RHONDA DICKE~N AND CATEY
Item #IGD2
FINALIZATION OF THE CONSTRUCTION CONT~ACT WITH D. N. HIGGINS, INC.
FOR THE EAST AND SOUTH NAPLES COLLECTION SYSTEM CONTRACT NO. 3, AND
UTILITIES AD~INISTRATOR TO EXECUTE SAID FINAL PAYMENT
Item ,16D3
FINALIZATION OF THE CONSTRUCTION CONTRACT WITH D. N. RIGGINS, INC.,
SOUTH COUNTY REGIONAL SYSTEM, CONTRACT NO. 4 MASTER PUMP STATION
CONTRACT, AND UTILITIES ADMINISTRATOR TO EXECUTE SAID FINAL PAYMENT
Item
BID ~93-2020 FOR ELECTRICAL PA~TS AND SUPPLIES - AWARDED TO RICHARDS
ELEC/~RIC, CON~0LIDATED ELECTRIC AND GRAYBAR ELECTRICAL SUPPLIES
Item916G1
CE~TIFIC&TES OF CORRECTION TO THE 1992 AND 1993 SOLID WASTE COLLECTION
SI~CLIkL ASSESSMENT ROLLS
Itwm~16G2
See Pages ~ -- 7/
MID-%EAR ADJUSTMENTS TO WATER MANAGEMENT CIP BUDGET (FUND 325)
Item ~16G3
BID ~93-2034 FOR GORDON RIVER AMIL GATES REPAIR AND REHABILITATION -
AWARDED TO MITCHELL & STARK CONSTRUCTION COMPANY IN THE AMOUNT OF
854,800
Item
I~ROFESSIONAL SERVICES AGREEMENT FOR THE RENOVATION AND EXPANSION
DESIGN OF THE IMMOKALEE RECREATION CENTER - WITH THE #! RANKED FIRM OF
BARANY, SCIiMITT, WEAVER, INC. IN THE AMOUNT OF $235,702
Item#16H2
WORE ORDER UNDER TH~ PELICAN BAY SERVICE DIVISION'S CO3RRENT
PROFESSIONAL ENGIITEERING AGREEMENT WITH WILSON, MILLER, BARTON & PEEK
IN AN AMOUNT NOT TO EXCEED $5,000, TO PHEPARE THE PRELIMINARY AND
FINAL ASSESSMENT ROLL FOR THE NON-AD VALOREM ASSESSMENT FOR
MAINTENANCE OF THE WATER MANAGEMENT SYSTEM, LANDSCAPING MAINTENANCE
AND FOR DE~T SERVICE FOR THE OUTSTANDING PRIOR PELICAN BAY IMPR0~
DISTRICT BONDS
Page 29
May 18, 1993
Item#16H3
STIPULATED FINAL JUDGMENT RELATIVE TO THE EASEMENT ACQUISITION OF
PARCEL NUMBERS 270 AND 104.1B/62?B AS ROAD RIGHT OF WAY, DRAINAGE
UTILIT~ AND MAINTENANCE EASEMENTS LOCATED IN THE NAPLES PRODUCTION
PARK M.S.T.U.
Ite~#1611
RESOLUTION 93-202 REAPPOINTING ED GAUTHIER, ROBERT ALLEN, PHILIP
KEYES, DON VANDERBAAN, ED MAGERO AND TIM NEVAREZ; AND APPOINTING
CYITTHIA OtCONNOR, CARL HANKINS AND MELINDA PANIAGUA RIDDLE TO THE
SOUTI~6~ST FLORIDA PRIVATE INDUSTRY COUNCIL, INC.
See Pages ~;~)' ~' /
Ira ~16J
MISCELLANEOUS CORRESPONDENCE - FILED AND/OR REFERRED
The following m~scellaneous correspondence was filed and or
referred as presented by the Board of County Commfsstoners:
Page 30
May 18, 1993
CERTIFICATES OF CORRECTION TO TEE TAX ROLLS AS PP~ESENTED BY THE
P~OFERT~APPRAISER
1989 TAX ROLL
No. Date
302 05/06/93
1990 TAX ROLL
334 05/05/93
1992-137
Item ,16El
1992 TANGIBLE PERSONAL PROPERTY
05/12/93
BUDGET AMEHT~I~NT RECOGNIZING FLORIDA DEPARTMENT OF TRANSPORTATION
GRANT AM3~RD J~P-93-04-03-11 IN THE AMOUNT OF $122,675
Item ,16K2
1991/92 FUND 602 CARRYFORWARD P~ECOGNIZED; CONFISCATED T~UST FUNDS TO
I~ROVIDK FORDING FOR TECHNICAL EQUIPMENT, CRIME PT. EVENTION,
N~IGHBORHOOD WATCH AND DEFRAYING THE COST OF COMPLEX INVESTIGATIONS -
IN THE &MOUNT OF $147,553
Itw~916K3
SATISFACTION OF LIEN DOCUMENTS FILED ON REAL PROPERTY FOR THE
ABATEME]IT OF PUBLIC NUISANCE
See Pages 72- 7q
There being no further business for the Good of the County, the
meeting was adjourned by Order of the Chair - Time: 3:40 P.M.
BOARD OF COUNTY COMMISSIONERS
BOARD OF ZONING APPEALS/EX
OFFICIO GOVERNING BOARD(S} OF
SPECIAL DISTRICTS UNDER ITS
CONTROL
.: ,- :. ';< . %.:~-j
': ,.~ * , .... ~ BURT L. SAUNDERS CHAIRMAN
~hese 'l~'e. a~ed by the Board on ~~~ /~/~
as presented ,,' ] ~ or as corrected .
)OOK O{~OPIG[ 50 Page 31