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BCC Minutes 10/19/1993 R Naples, Florida, October 19, 1993 LET IT Bg REMEMBERED, that the Board of County Commissioners in and for the County of Collier, and also acting as the Board or Zoning Appeals and as the governing board{s) or such special districts as hays been created according to law and having conducted business hersin, met on this date at 9:00 A.M. In REGULAR SESSION In Building nF" 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 Betrye J. Matthews ALSO PRESENT: Dwight Brock, Clerk of Courts; John Yonkosky, Finance Director~ Annette Cuevim, Recording Secretary and Ellie Hoffman, Deputy Clerk; Neil Dotrill, County Manager; Ken Cuyler, County Attorney; Dave Weigel, Assistant County Attorney; George Archibald, Transportation Services Administrator; Tom Olliff, Public Services Administrator; Bob Blanchard, Site Development Review Director; Tom Conrecode, Capital Projects Management Director; Mike McNees, Budget Director; Greg Mihalic, Affordable Housing Director; Ed Gehring, Building Review & Permitting Director; Jeff Walker, Risk Management Director; Diane Flagg, Emergency Services Education Quality Control Manager~ Sue Filson, Administrative Assistant to the Board; and Deputy Byron Tomlinson, Sheriff's Office. Page 1 October 19, 1993 Tape #1 CommAeeloner Norris moved, seconded by Commissioner Volpe and carried unanimously, to approve the ageride with the changes as detailed on the Agenda Change Sheet and with the following mdditional Item #16H3 - The Board of County Commissioners approve a contract agreement with the City of Naples for Tourist Development Tax funding of Doctors Pass and Gordon Pass Inlet Management Plans - Continued to 10/26/93. Item #16CI - Authorize Chairman to sign a Parking Lease with the Task Force for the Homeless for eight (8} parking spaces - Moved to #8C1. 07 Page October 19, 1993 (234) Itear'AA COrmEFt AGBNIIA - AIPROVED AND/OR ADOPTED The motion for approval of the consent agenda Is noted under Item 116. (264) Item#3 NXNUTW~ OFT HI W~RKSHOPNBETING OF SEPTEMBER 15, 1993, AND REGULAR NIlTIN OF B~ 21, 1993 - APPROVED Cmiseloner Volpe moveS, seconded by Commissioner Norris and carrieS unanimously, to approve the Minutes of the Workshop Meeting of 8eptelber 15, 1993, and Regular Meeting of September 21, 1993. (23g) lt~l~l Commissioner Saunders congratulated the following employee and presented his service award: Ed Gehring, Building Plan Review - 5 years (300) ltem d~Al BUDGI'T ,~.am__.Knx 93-544 - ADOPTED Commissioner Norris moveS, secondeS by Commissioner Volpe and carried unanimously, to adopt Budget Amendment 93-544. (s2s) Item #882 RSCOegG3IDATION TO APPROVI AND EKECUTS a LIMITED USE LICENSE AGR/J34ZXT BrfWZZlf COLLIER COUNTY AND J0N THAXTON AND DAVID eNOCH FOR THI FURPOSt OF 2xuAfiXmG FLORIDA SCRUB JAY DISPERSAL STRATEGIES AT TI~ lJe~OEALEB AIRPORT - AFFROVED George W. Barton, Chairman of the Collier County Airport Authority, reported the Airport Authority has discussed thls agreement very thoroughly and is recommending unanimous approval to the Board. Commissioner Constantine noted the Executive Summary does not mention the fact that the Airport Authority voted unanimously in favor of this agreement. He also pointed out there has been past difficulty Page 3 October 19, 1993 with scrub Jays and what they could potentially do to any development at the Immokalee Airport property. He asked if this study may cause more problems for the County? e Transportation Services Administrator Archibald responded in the affirmative, but added the scrub Jay habitat and colonies at the Immokalee Airport are well-defined and established from an environmen- tal standpoint. He said this study is in response to Inquiries from the federal and State levels, and tn addition to the contract being of no cost to Collier County, the information gained will be used by the County for the final permitting and development of the first phase of the Immokalee Industrial Park. Commissioner Volpe recalled the County engaged the services of a consultant In progressing toward a Development of Regional Impact for the Immokalee Airport. He said the consultant contract was terminated In recognition of the fact there are serious problems with scrub Jays at that location. At the same time, he said, significant grant monies were available for the infrastructure at the Immokalee Airport which were forfeited because of the problems, and the infrastructure was moved to the other side of the Airport. He indicated although this study will not involve the expenditure of any County funds, in view of the history, will this study actually help Collier County in terms of the overall development of that enterprise zone? Transportation Services Administrator Archibald stated the Immokalee Industrial Project will continue to be held up at the County, State and federal levels until Collier County has the kind of information that will be obtained from this study. Responding to Commissioner Volpe, Transportation Services Administrator Archibald explained Staff has been investigating deve- lopment in the southeast quadrant of the Airport for which a phasing plan, plan specifications and subdivision documents have been prepared along with obtaining all State and federal and the majority of County approvals for the subdivision itself. He pointed out the first phase of the subdivision consists of approximately 50 acres or 12 lots. He Page October 19, 1993 reported the County requires any development to have an acceptable habitat management plan from the State, and the State in turn has been authorized by the federal government to represent certain interests and to review and ultimately give that approval to the County. He said at that point in time, the County can then give approval to Staff to pursue the subdivision platting of the first phase. He said the documents were prepared and have been ready for many months, waiting for the information from this study to Jointly submit for the habitat management plan. Ccsalseioner Ns-tthews soved, seconded t./Commissioner Norris and carried xmanisously, to approve the Limited Use License Agreement bet- ween Collier County and 3on Thanton and David Shoch for the purpose of etud~lng Florida scrub Jay dispersal strategies at the Ilsokalee Airport. Page 5 October 19, 1993 Item BAfu~sor~s~ OF VANDKRBILT BEAU CONDOMINIU~m !t~(IaRDING A COASTAL CONBTB~UCTION B~CK LINI VARIANCK - AFFLICANT ALLOMXD TO R~-AFPLY Ron Stettler, representing Bayshores of Vanderbllt Beach Condominiums Association, explained this petition requests that the Board reconsider a previously denied variance for the extension of a wood deck. He contended there were several misunderstandings at the Board of County Commissioners' meeting approximately one year ago, and there have been changes in circumstances which would dictate that in equity, this Commission grant elther an extension of tlme for the varlance to proceed under the prevlous petition or, allow his client to re-apply for the variance. He recalled in 1984, a variance for the original pool deck was granted and in 1991, the Association determined in order to match the pool patio area, a 10-foot extension to the wooden deck would be appropriate. He reported they applled for a per- mit through Ktdd Construction, whlch was granted by the Bul/ding Department. Several months later, he satd, the Association decided they would like a chickee hut in that area and agaln applied for a permit. He Indicated they were informed for the flrst time at that point that they would need a vatlance from the Board not only for the chlckee hut but also for the lO-foot extension that had a/ready been constructed. He advised that Mr. Kldd, on behalf of the Association, applied for the vatlance which was later denied at the hearlng of October 8, 1991, due to two misunderstandings. He explained first, there was a beltef that someone in the neighborhood had expressed reservations regarding the project; and secondly, Staff, as part of their crtterla for agreeing to the variance, stated the7 wanted a row of Australian Pines which blsected between the southern neighbor and the condominlums to be taken down. He remarked there was a mlstaken belief on everyone~s part that the row of Australian Pines was on the condomlntums* property. Mr. Stettler referred to a letter dated January 14, 1992, from Mr. Page 6 October 19, 1993 Randoll Deer, the southern neighbor, who indicated he had no objection to either the deck extension or the chickee hut. He next referred to the audio tape from the Board meeting of October 8, 1992, in which it appears that Commissioner Hasse's objection to the variance was due to Staff requiring the Australian Pines to be removed and not replaced with something of an equal or greater height for the benefit of the residents. Commissioner Volpe asked why Mr. Stettler's client has not re- applied for the variance? Mr. Stettler indicated he has been told by Staff that the Board must authorize that procedure. Commissioner Saunders asked if there is a restriction to the Board authorizing the re-application at this point in time, more than two years after it was denied? County Attorney Guylet reported he cannot point to anything that restricts someone from re-applying for a variance. He suggested the question becomes what is the Board's policy on allowing that to hap- pen. Bob Blanchard, Site Development Review Director, commented this deck extension is being treated by Staff as an existing violation. He recalled when the Board denied the requested variance, it was an after-the-fact variance which then became a violation. He noted the applicant has recognized over the past year that there is a violation, and in fact, a letter from Hr. Blumeyer in December stated he recognized the potential to re-apply, however he chose not to do so because of the cost. He advised in September, 1993, a notice of violation was issued giving them a deadline for removal of the exten- sion, which expires at 5:00 P.H. this date. Mr. Stettler pointed out that the present owner of the single- family home to the south, who purchased the property in 3uly, has taken down the Australian Pines. In answer to Commissioner Constantine, Mr. Blanchard stated if the Board allows the applicant to re-apply, he will take that action as Page 7 October 19, ]993 putting a stay on lhe enforcement activities. It was the consensus to allow the applicant to re-apply for a CC$L ( 1309 ) ltesa ~8A1 CARNIVAL PKIqMIT ~93-4 KK PETITION C-93-4, OUR LADY OF GUADALUPe C&THOLIC CHURCH, RZQUKSTING A PERMIT TO CONDUCT & CARNIVAL NOVEMBER 24 TB]tOUG~ NOVDIBKR 28, 1993, ON THEIR Ci~FRCH GROUNDS LOCATED AT 219 SOUT!! 9T![ STRKIT IN INNOKALEE - APPROVED Nr. Blanchard advised this request concerns an annual carnival held by Our Lady of Guadalupe Church in Immokalee. He noted they have met all requirements and are asking for a waiver of the Surety Bond. Ccaxiasioner Constantine soved, seconded by Cosaissioner Natthe and carried unanimously, to approve Carnival Peralt #93-4 as requested by Our Lady of Guadalupe Catholic Church. Page 8 October J9, J993 Itma~l&2 C&J~IV&L PIleNIT ~93-5 1~ PETITION C-93-5, S~. KLZZABX'T~ 8FrON CATHOLIC C~URC~ !tlQUF~TII~ A PKB~IT TO CONDUCT A CkRNIVAL FROM NOVB4BER 10 T~ROUGN NOVINBIR 14, 1993, AT 5325 28TII AVKNU~ S.W., GOLDEN &~-P~OwsD Colaislioner Constantine moved, seconded by Commissioner Natthaws and carried unanimously, to approv~ Carnival Permit #93-5 as requested by St. Ilixabeth Seton Catholic Church. Page 9 October 19, 1993 (1340) RIQUGtST BY COLLID COUNTY HOUSING AUTHORITY TO EXTEND THE AGREEMINT PROVIDING OFFICI SPACE TO ~ SECTION 8 PROGRAM UNTIL JANUARY 1, 1994 Greg Nihalic, Affordable Housing Director, recalled in July, 1992, Collier County turned over the operation of the Section 8 Rental Assistance Program to the Collier County Housing Authority. He said one of the provisions in the agreement was that the County would con- tinue to provide space for the Housing Authority through October 1993. He noted the Housing Authority is now requesting that the County continue to provide free space for an additional two months at which time they will proceed to find their own quarters when the Housing and Urban Improvement Department is moved from 3050 North Horseshoe Drive to 2800 North Horseshoe Drive in the Development Services building. Comalistener Constantine moved, seconded by Commissioner Norris and carried unanimously, to approve the request by Collier County Nousing&mtherrity to extend the agreement providing office space to the Section I Progrim until January 1, 1994. (1418) ItemS4 HE~T BY N~RIO COST~NTXNI FOR EXTENSION OF BUILDING FERNIT NO. 92-13263 FOR PROPERTY HE O%eNS IN WALDEN OAKS SUBDIVISION - PERMIT HEIITSTAT2DFOR SIX MONTHS WITH STIPULATIONS Ed Gehrtng, Bulldlng Review & Permitting Director, reported Mr. Costanttnt is seeking a six-month extension of his building permit. He noted the applicant has been afforded all administrative extensions allowed by ordinance. Responding to Commissioner Norris, Mr. Gehrlng expllatned the applicant took out two concurrent building permits, one for a single- family dwelling and one for a duplex, however, the financing allowed him to only proceed with the duplex. He said when ~he duplex was completed, Mr. Costanttni had other financial problems, but has assured Staff that he ts ready to move forward with the single-family Page 10 October 19, 1993 unit within the next 45 days. In answer to Commissioner Constantine, Nr. Gehring agreed that the application for building permit was requested prior to the increase in road impact fees and the implementation of the educational impact fee. Commissioner Hafthews questioned the Board's ability to extend an expired permit? County Attorney Cuyler advised the ordinance provides that the administrator schedule a hearing before the Board of County Commissioners, said hearing to be held prior to expiration of building permit. He said in his opinion, the Board cannot extend a permit once it expires. Commissioner Saunders pointed out the letter from Hr. Costanttni was received by Community Development Services on September 23 and the permit did not expire until September 29. He suggested the petitioner has no way of knowing there may be a delay in getting his request for extension on the Board's agenda. Commissioner Constantine agreed, but added if the Board reinstates the permit, the petitioner should be required to pay any increased fees that have occurred. Ceemlmmioner Volpe moved, seconded by Couisstonsr Norris and carTied nnsnimously, to reinstate Building PersAt No. 92-13263 and that the ewnsr will pay any changes in impact fees since the issuance of the first persit and that any changes in the building codes wall be -4h/,~l to. Commissioner Saunders suggested that County Attorney Cuyler be requested to draft clarification language to the ordinance so that either the application deadline is before the expiration of the permit or they must apply in a timely fashion to be placed on the Boardts agenda prior to expiration. Commissioner Volpe disagreed that the ordinance should be amended, and proposed that Staff simply provide the applicant with written notification of the requirements should they need to further extend the permit. Page 11 October 19, 1993 Mr. Gehrtng asked the Board to set a time limit on the subject extension. It was the consensus that the reinstated building permit would be in effect for six months. Commissioner Harthews suggested that a cautionary letter be given to the applicant at the time of the second administrative extension that states if this extension expires, the Board has in the past required the payment of any additional impact fees and meeting any additional building code requirements. Commissioner Saunders added that the applicant should be required to apply for any further extension no less than two weeks prior to expiration of the building permit. It was the consensus that · letter will be provided to future appllceextw as suggested above. (219l) RIC011IIID$~ZOI TO Alrf~O~ & 121:~CH&SI A(lRllXZ]l~ FO~ ~ &CQOZSZ~ZON OF I~1 FII S~ :I~ITIIIS~ OF ~3 ACI~IS, NOel O~ ~lSS, NICISSJL!~ ~0 SATZSIrZr'Z'EI P~XI~:T~ING R~Q~ZRIXZX~B FOR ~ COII~IY~CI O~ k CO~SI]~&TZOI ZlSI)IIN~ ~0~ BC~I~B ~AY 14I~ZGA~ZON F[rl~sOsls AS RIQOZR~D FO~ ~ NISTCLOX SmZ~ InC~INSlON lmOJZC~ (ClS SO. 26): k~D ~0 ~O ~/2/S3 Transportation Services Administrator Archibald explained this item involves the purchase of 13 acres of land in Immokalee to meet a prior requirement the County has faced in the construction of the Westclox Street project in Immokalee. He said the County made the commitment to acquire 6.2 acres of scrub Jay habitat acceptable to the Florida Game and Fresh Water Fish Commission. He concluded after lengthy review by Staff, the parcel that best meets the needs is a fifteen acre tract of land of which the owner Is not willing to sell less than 13 acres. Transportation Services Administrator Archibald provided the Board with · handout concerning information that has been received from a local corporation with an interest in acquiring the additional acres not needed by the County. He explained Coast/and Center Joint Venture Page October 19, 1993 has a DRI requirement to provide 6.3 acres of scrub Jay habitat, and they are willing to contribute $10,000 per acre for a total of $63,000, as long as the County is willing to allocate a conservation easement which will meet the criteria in their DRI stipulation. Commissioner Volpe questioned If the 300 acres of scrub Jay habi- tat at the Immokalee Airport may be Identified for this purpose, thereby saving the County the need to expend these funds? Transportation Services Administrator Archibald replied that Staff did look at that acreage, however, there is a concern that the total 300 acres may be needed for future permitting at the Immokalee Airport. Also, he said, the subject mitigation must be located within the same area as the Westclox Street Extension. Commissioner Saunders asked if the Coastland Center Joint Venture has a DRI requirement to provide funds to maintain the land? Attorney Don Pickworth responded the DRI contains preservation and maintenance obligations. He Indicated they would expect the County to take on the maintenance obligation if they purchase the required acreage as part of this transaction. Commissioner Saunders commented he is not willing for Collier County to assume any responsibility of Coastland Center Joint Venture. Transportation Services Administrator Archibald pointed out the letter from that entity addresses that obligation in a very favorable way to Collier County. Responding to Commissioner Volpe, Transportation Services Administrator Archibald stated the roadway easement being offered is on the southwest corner of the Intersection of Golden Gate Parkway and Ooodlette-Frank Road. Commissioner Saunders inquired tf Attorney Ptckworth's client would expect any Impact fee waivers in exchange for the roadway ease- ment, to which Attorney Pickworth responded in the negative. Commissioner Volpe suggested the Board proceed with caution, as the details of this agreement have not been finaltzed. Attorney Pickworth agreed and asked that this Item be continued Page 13 October 19, 1993 for two weeks to allow information to be provided in a more formal presentation. Cmisstoner Norris moved, seconded by Conlssioner Yelps, to con- tinus this ttea to the meeting of November 2, 1993. Commissioner Volpe requested additional information on the analy- sis performed which concluded that the 300 acres at the Immokalee Airport cannot be considered for this mitigation. U~on call for the question, the motion carried unanimously. (3068) ltea~eCl !I. BSOX,T~IOI 93-490 ATT'I"HO~IZING ~ CKkIRMAN TO SIGN k PLR]EZN6 LEkSZ WZTHTHETASKFORCK FOR T'H~ HOMKLKSS FOR EIGHT (8) PAREING SPACKS - Commissioner Norris asked for a brief history of this lease arrangement. Tom Olltff, Public Services Administrator, explained in 1989, the County entered Into the first of a series of parking agreements with St. Natthew's House. He recalled that structure was previously an East Naples Fire Station which was converted to the current homeless shelter. He indicated in order to meet Code, they are required to have eight parking spaces and since they did not have the parking available on site, an agreement was reached with the County to provide that parking through an off-site parking agreement. Commissioner Norris questioned tr the County has entered Into any other private agreements for parking? Mr. Olltff replied the County has a parking arrangement wlth the Methodist Church directly adjacent to the County's parking lot, whereby they use a row of parking on Sundays for overflow parking. Commissioner Volpe noted the eight parking spaces are seldom if ever utilized, and this agreement is simply to meet Code requirements. He also potnted out this Is a short-term requirement since St. Matthew's House is in the process of acquiring a new parcel of land. Commissioner Natthaws moved, seconded by Commissioner Volpe to authorize the Chairman to sign a parking lease with the Task Force for Pa~ l& October 19, 1993 the~meless for eight parking spaces. In response to Commissioner Norris, the Reverend John Lindell replied they have been trying to acquire another site for two years, and finally closed on a piece of property on October 1. He said they plan to have the official ground breaking service on Thanksgiving Day, with site preparation initiated immediately after the new year. He indicated it is their hope to be in their new facility before the need to renew this agroement. Nr. allill referred to page 2, Article 6 of the Lease Agreement, and stated the text indicates $100 in liability insurance while the numerical and correct number is stated as $100,000. Upon call for the question, the sotIon carried 4/1 (Cosalsslonar Norris ~poaad). Page 15 October 19, ~993 le/COe[~INDaTIOR TEaT TIrE BOARD APPROVE A BUDGET A!,s~bl-~x- TO T,a/ FROPXI~rY t CASUIJ~TY IF~URANCX FUITD - APPROVED Jeff Walker, Rlsk Management DIrector, explained this budget amendment is before the Board to address two issues. He said the first deals with an increase In the premlums for DIfference in Con- ditions (DIC) or flood insurance coverage. He recalled on September 21, the Board approved the renewal of the property and casualty insurance program and a flood coverage limit of $5,000,000 wazs approved at that time. He reported an analysts of properties subject to flooding Indicates that if federal flood Insurance were purchased, real and personal property limits would total approximately $21,000,000 In coverage. He stressed this figure is importan~ because At Is the limit necessary to comply with the Stafford Act which is a federal law requiring local governments to purchase flood Insistence prior to a disaster to assure Federal Emergency Management reimbur- sement. He noted DIC coverage, which is purchased by the Couraty rather than federal flood insurance, has been difficult to obi:atn because of Hurricane Andrew and pricing for thls coverage has increased greatly. To increase coverage from the $5,000,000 1:o the 825,000,000 limit, he said, will cost approximately $125,000; thus, the fixed costs for the total program would be $798,621. Mr. Walker continued, reporting the second issue Involving this budget amendment deals with the transfer of funds to pay for a Judgment brought against the County in the Hassick re. Christianson case. He advised the Judgment totals $200,000 and there will also be additional attorneys' fees and litigation costs. He Indicated the County must pay this Judgment and associated costs and be reimbursed from the excess carrier. He mentioned the reimbursement is expected to be approximately $170,000. In conclusion, he said, the budget amendment needed to purchase the additional flood coverage and pay for the Neesick case totals approximately 8400,000, and the source of the Page~ 16 October 19, 1993 funds will be 8170,OO0 in reimbursement and the remaining 8230,000 wall come from reserves. Commissioner Volpe commented this insurance has already been purchased. He pointed out this was a significant responsibility that was undertaken by Staff and suggested that this type of item be brought to the Board in advance in the future. Commissioner Volpe moved, seconded by Comaissioner Natthfnes and carried~aniscusly, to approve a budget amendment to the property and casual~y insurance fund. see DepUt~ Clerk Hoffaan replaced Recording Secretary fluevAn at this time COHTR~CT ~ NITH OK&L !~X~TH 8HRVICXS OF FLORIDA - AF~OVXD Commissioner Matthews remarked that there is an upcoming employee benefit workshop scheduled and questioned why a service is being renewed prior to knowing the outcome of the workshop. Risk Management Director Walker explained that dental is not Included in the group health benefits. He advised that this is a totally separate program which Is paid in full by employees. He noted that there will be an open enrollment period which gives empl,~yees the option of continuing or discontinuing this service. Cosaissionar Natthaws moved, seconded by Commissioner Constantine and carried unanimously, to approve the mndaent to the contract bet- wean Collier County and Oral Health Services of Florida, Inc. Paine 17 October 19, 1993 (267) INIIL'GBICTNZDXCAL O:I:XV]:CIS COUNT'/' GRANT AWARD IX ~ ANOUNT 0Z $47,g42.l~ -,I, COZPTID Cowa~ssioner Constantine moved, seconded by Cossissione,r Norris and carried unanimously, to accept the Emergency Nedical Services (288) :Z1:O ee!.l rr leg40iz'ZlLiTIN8 Z;T.,AN: ~ OF ADOPTED PROGRAIl GOALS - NO &CTION Nike NcNees, Office of Nanagement and Budget Director, .announced that the document which has been presented to the Board und,sr separate cover is a recapitulation of the Program Goals as identified in the priorities that were set during the program budgeting proce:ss. Nr. NcNees recalled that a separate Strategic Plan had been pre- pared in the past, however, for the FY 1993 budget, staff experimented with what has become the Program Budgeting process in the blxdget policy FY 1994. He noted that the document includes a list:tng of each department in each division and the programs as ranked and aidopted. Nr. NcNees stated that no action is required for this item. County Nanager Dorrill clarified that the dollar estimaies by program area are approximate numbers, recognizing that actual full cost accounting is not used for budgeting purposes. He noted that the numbers in the document are reflective of the 1994 approved budget. In response to Commissioner Volpe, Nr. NcNee8 recalled that in lieu of the strategic plan, a decision was made to replace same by the program budgeting process, whereby goals would be set depart=sent by department instead of the ford. at that was used in the previo~Js three years. No action was required on this item. (595) ~ ~ IN FUND 156 PROVIDING FOR A TRANSFER OF FUNI~ FROI! ~ FOR FUTURE INFROVx-~RxS - APPROVID Commissioner Constantine requested an explanation of this~ item. Office of Capital Projects Management Director Conrecode explained October 19, lggS that this item relates to the lmmokalee Median Beautification Program. He indicated that during the budget process of March through 1994, a number of factors were unknown, one of which that the State would actually move on staff's request for median beautific.ation on SR-29. He noted that he has learned that the state will be providing a response and final design should take place in approximat,~ly one month. Mr. Conrecode explained that the award of a maintenance contract for those improvements has prompted changes to the budget. Re remarked that the appropriate dollar amounts were included In the budget, however, they were not allocated to specific line i'tems in the budget. Cesaiselener C~nstantine saved, seconded by Cossissione:~ Norris end carried ~nanis~uslT, to approve m budget amendment in ~and 156 for · tressleT ef i~xnds from Reserves for the anticipated obligations during FT g2/94 associated with completion of 'existing and future planned i ,~i mrs, DISCUSSION 1~ HUNTING ORDINANCE - COUNTY ATTORNEY TO COME Ba,CE WITH ~a~ TO DISCHARGING OF FIREARMS 0RDINANCg TO INCLUDg VARIOUS OTHER DiaDLYWEAPOWS Commissioner Matthews advised that she asked that this item be added to the amends. She indicated that this issue has been brought to her attention through a letter received from Dr. Robert Gore. Commissioner Matthews stated that the discharge of firearms is prohibited in any platted subdivision in Collier County. She remarked that the ordinance describes a deadly weapon, however, that definition does not include some of the things being used, namely, hunting bows, crossbows and other projectiles. She suggested that conside:ration be given to amending the ordinance to include these types of weapons. Commissioner Matthews Indicated that this is major safet~/issue, since these other types of deadly weapons are being used to hunt and under the current ordinance they are legal in platted subdivisions. 63 Page 19 October ~9, ~993 Cosaissioner Natthews moved, seconded by Cosstssloner Senriders that staff be directed to prepare mndsents to the Firearms Ordinance to include additional deadly weapons and present same for discussion In a .x.~.ec~-ble amount of time. Dr. Robert Gore spoke with regard to this item. glMZn call for the question, the motion carried unanimously. (1180) lteaelOa DISCUSSION i~l 2~uCxu~X OF BCC NEETINGS - QUARTERLY PLANNING SISSIONS TO BI!IILDWIT~ rf/kFF ON THE 6TH TUESDAY OF ~ NOrrH~ PUBLIC PITITIOIS TO BI LIETED TO 10 NINUTES Commissioner Saunders suggested that consideration be gluten to streamlining the weekly meeting schedule and become more eff~Icient in terms of doing business. Referring to a listing of potential meeting dates, he suggested that meetings be held on the first and third Tuesday and Wednesday of each month. He emphasized that this would not be a reduction in the number of meetings but actually, an increase in same. He noted that this schedule would also provide the oppor- t'unity for the Board to conduct workshops or strategic planning sessions on the off week. Commissioner Saunders pointed out that another benefit would be to hear administrative matters on Tuesdays beginning at 9:00 A.M. and public petitions and zoning issues would be heard on Wednesdays at 1/2 hour intervals with time certains being set. He revealed that emergency items requiring approval would be accommodated. Commissioner Constantine remarked that he does not beltew} this particular suggestion is the solution. He noted that there w:[ll be an occasional lengthy meeting, but part of this depends on the m~xnner in which the meeting is organized. He pointed out that two publJic peti- tions lasted until 12:20 P.M. at a meeting five weeks ago. Commissioner Constantine suggested that public petitions t,e limited to a 10 minute time frame and the Board would then determine whether those items should be pursued further. Commissioner Constantine indicated that taking a week off in bet- Page 20 October 19, 3.993 ween meetings would not be the answer. He called attention to a meeting in August after returning from a week's recess, noting that there was an abundance of staff items which resulted in the meeting lasting until after 8:00 P.M. Commissioner Volpe advised that he surveyed 26 counties as to how they conduct business and they all meet on Tuesdays. He noted that some of the counties meet every Tuesday, and others meet three Tuesdays per month. He revealed that some of the counties haw~ tried evening meetings, however, they have found that they are no more suc- cessful than the day meetings. Commissioner Volpe offered the following suggestions: conduct planning sessions or workshops with staff on the 5th Tuesday of the month; set an ending time for the meetings with unfinished busJ.ness continued to the following morning; expand and circulate the consent agenda in advance and determine whether any of those items need. to be pulled and added to the regular agenda; discontinue reading Proclamations in their entirety; reserve one meettng per month to recognize employees receiving Service Awards; informal meeting at 8:30 A.N. with members of the public desiring to address the Board; and variances less than 5 feet to be delegated to the Planning Commission with an appeal mechanism in place. County Attorney Cuyler advised that he will provide the Board with the Supreme Courtms decision and various options with regard to the issue of variance delegation within the next few weeks. County Manager Dorrtll remarked that the Board has been criticized in the past for making changes and add-one at the start of the regular meeting agendas. He indicated if the Intent Is to hear the bus.|ness items every two weeks, there will times because of the agenda d4sadltne schedule that a developer or petitioner could run the risk of having to wait almost three weeks to have the Commission act on their :issue. He revealed that this would result in increased requests for add-on items. Commissioner Constantine suggested that a regular strategic Page 21 October 19, :t993 planning meeting be scheduled quarterly and that the public ~!titton process be limited to ten minutes and limiting the number of times the same issue can be presented by the same petitioner. He indicated that he concurs with the idea of having a specific meeting end time. Commissioner Matthews suggested that the Commission consider a task force comprised of citizens, members of the private industry ~nd invite the School Board and the City to participate in ways of intro- ducing the entrepreneural spirit into County Government. She explained that there should be a way to introduce incentives to pro- vide the citizens with the best possible service for the least possible price. Commissioner Constantine stated that the Productivity Cosmtttee would be the appropriate body to deal with this issue. Commissioner Saunders remarked that he believes the concept of providing incentives for more productivity is very good. He concurred that the Productivity Committee ts involved in this regard taa minor degree and questioned whether Commissioner Matthews would agree to establishing a sub-committee of the Productivity Committee. He pointed out that the two committees would work well together. Commissioner Matthews advised that she concurs with Commissioner Saunders' suggestion, but noted she would like input from persons involved with non-profit organizations. Commissioner Volpe stated that the Board of County Commi!~sioners needs to be doing the strategic planning with input from the EDC, Chamber and others. He noted that he does not see the proceEms by having a sub-committee of the Productivity Committee. Commissioner Matthews remarked that the skills and knowledge of the five Commissioners are limited. She explained that she J~s not adverse to looking to other people to provide information relative to issues that are going on in the world that she knows nothing about. Commissioner Norris indicated that he concurs that there is already a mechanism in place and It is not necessary to form any new committees since the Productivity Committee should be utllizmmd tn this P~tge 22 October 19, 1993 regard. He cited that he believes it is an excellent Idea to look at privatizatton in addition to enacting other things that will help County Government to run more efficiently. Commissioner Saundere suggested that the Board determine the number of people to serve on the sub-committee and make the appoint- ments to same. Commissioner Matthews cited agreement with Commissioner Saunders ' suggestion. Commissioner Matthews remarked that she will contact people in the private sector that have taken their business through these types of things. Mr. George Keller spoke to this item. Tape ~S County Manager Dotrill remarked that he believes a privattzation analysis is an excellent idea. He advised that in 1991, the Florida Institute of Government at the University of South Florida, did a state-wide analysis of County Commission spending, privatiza'[ton, the use of franchise agreements and sexyice contracts. He repor'Ced that Collier County is the second in the State only to Duval Coun'~y in terms of the total amount of efficiency, cost reduction and ]~rivatiza- tion agreements. In addition, he indicated that the newest ~2eneration of privattzation is contemplating selling the community's wa'~er or wastewater services, selling the asset and re-evaluating whi~:h are the key businesses they have to be in. County Manager Dotrill stated that with regard to planni~lg sessions, Polk County is utilizing an outside facilitator, a'[ little or no cost, if the University system is used, to meet with the Board, staff, Productivity Committee, and Taxpayer Action Group typhus of organizations to lead the overall discussion so that it reaches a goal. Commissioner Saunders remarked that he believes Commisstt)ner ~atthews proposal will determine where the County can privat.tze cer- tain functions, and noted that this is a positive approach. A discussion ensued with regard to setting an ending tim,~ for P.age 23 October 19, 1993 Board Meetings with the majority of the Commission concurring that there is always the option, when a meeting ts running late, to con- tinue the remaining agenda items to the following week. Ccmisstoner Constantine moved, seconded by Commtssiomtr Volpe and carried ~nanlsously, to sat a policy to organize quarterly planning seestoms with staff on the 5th Tuesdays of the months and l!ollow the 10 sinate petition policy. The consensus of the Board was that the first Strategic Planning Session would be held on November 30, 1993. Item tlOB DISCU~SIO!I ltl A CITIZKN'S ADVISORY BOARD - PRIVATIZATION IF' GOVERNNENT - 2UB--CQIe[ITTE~ OF THE PRODUCTIVITY COte4ITTXX TO BE APPOINIID This item was discussed in conjunction with Item #10A. Commissioner Natthaws moved, seconded by Commissioner Norris and carried unanimously, to form a task force or sub-committee of the Productivity Omittee to find incentives for performing better ~ t with · sunset of two years. (527) Item BOARD OF COV/FPf COeV!ISSIONERS' COIV~UNICATIONS Commissioner Constantine recalled that he asked the County Attorney to research vagrancy, loitering and those types of issues. He indicated that clearing lots from brush and natural debris prior to the permitting process would deter vagrants and the homeless from camping-out on private property. He noted that the private property owner is left with the burden of cleaning up after the site. is vacated. He asked the Board to keep this Issue in mind for' future discussion. Commissioner Constantine explained that during the past week he had a discussion with a gentleman expressing a concern with regard to the Aquatic Facility and the manner in which chlorine is heMdied. He questioned whether the Golden Gate Fire Control District is, able to handle hazardous materials, should there be a chlorine spill. 68 Page 24 October 39, 1993 County Manager Dorrill replied that staff has develope. d a chemAcal response to the type of treatment process being used with the PublAc Health System for public pools and the necessary Occupational Safety and Training activities for that pool. He noted that ha will inquire about the capabilities of the Fire Department with r,~gard to a chlorine leak. Coutssioner Volpe announced that the U. 5. Department Agriculture has temporarily put on hold its plans for the new plant which was to be located in Fort Pierce and they have re-op~mned the process for the selection of the site. He suggested that tJtaff look into this matter to see if Collier County could get back into the pro- cess. see CcsBissionsr Natthaws xnmd, seconded by Cossissicmer Norris seal carried 2/0, that the following lte~s ~nder the c~x~ent agerids be :~,~v._d and/or adopted: Item ~'le~ll ItSSOLUTION 93-480 !tILEASING TH~ NAINTINANCE SICURITY AND (DL~JeTING FIMAI, ACCI~mTJ~IC~ OF ~ ROADWAY, D!tilN&Gat, W&T~It AND I~z~vsJe~3rrS FO~ ~ FINAL PLAT OF "LELY ISLAND ESTATES" Item 112A2 laXSOLUTION 13-481 It~LKiSING TIlE MAINTENANCE 3E~uKITY AND GItAMTING FINAL tCCIPTiNCI OF TH~ ROJkDMAY, DRAINAGI, MATER AND 2EWIR l~ F01t THE FINAL PLAT OF '(~UAIL CREAK PLAZA, ~T~SOT.~TIINI 93--412 I~LZ/LSING TIrE ~klNTINANCE Stuu~ITY LID ~MITXNG FIIM. 12ClFfMItl OF T!~ I~OJUNtkY, DR&IN&GI, MATEI~ MTD rICP~V~N~iI~ FOlt TEl FINAL PLkT OF w(~UZKNS PARK AT LAGO V~tDle, PHASE See Pages 6.9 ltem el2&2 Page 25 See Page Item/ll/i4witbdrsan II~SOLUTION 90-410 AFFROVZNG ~ FIN~ ~T OF wPKLZC~ ~ ~IT ~" -~~I~TX~ ~ LIS~D IN ~ ~I~ 8~ October 19. 1993 J;Rt~OC&IL~ 2TMIDBT LETTIN OF CREDIT ACCEPTED FOR EXCAVATIe3N ~T SO. Se.l eX els,~anx~s rAZES, P~RCXL Z" Ires lltAI WATER FACILITIII ACCIEAS~ FOR THE POllrrl AT PILlCAll BAY - IrlTl Item e16A9 WATZN AND ~ FACILITIES ACCEPTED FOR QUAIL CREEK VILL&GI:, P1ULSK III, TltlLCT LI: MID GRKENBRIKR ON TI~ FAIRWAYS - WITH TRI STIPULATIONS AS LISTED IN TBI IXICUTIVE SUIQ4kRY RECORDED IN OR BOOK ~894 PACES 649 - 684 ql- Item tllll moved to #IB2 Irma ~leCl se~sd to ~2C1 C!~NIC&t~ F(3~ FISCAL YEAR 1993/9~ - Ale~RDID TO V&RZOU~ VgND:IR2 BID 192-2084 FOR POTABLE AND IRRIGATION MATIR SY~TIM IMPROll!ITS FOR FI~ICAI BAT - AlANDID TO MITCHELL I STARE CONSTRUCTION COMFIL!ff, INC., II THE IilOVIIT OF $394,711 lte~#1lDl CHAIGI OXDIl!lO. · TOTHI CONSTRUCTION CONTRACT WITH CJLRDINJ~ C~w~j[~tS, ZNC., FORM A STIR pOMp STATION 3.16 AND 3.18 ltma lllD~ NCYTZf3~ OF PRf3MISl TO PAY AND AGREKMg!IT TO EXTEND PAYMENT OF SKW!:R IMP&CT FI:~SFOR:AIP. ROOS, TRUSTrg Sea Pages IATIIFIbSTIOII OF NOTICI 0F FROMISI TO PAY ANDAGRKI411T TO IITIND liTMill OF ~ IMPACT FIKS FOR DONALD AND JUDY BAUDZNO, !tIE Z. BZSlI, ~ J~ldd~'aW CRIIGHTON, SlRAFINAIID IRINI DORI&, IHIILA D. GIBI&I~, IAID IIMBKRLY H01X312, 30SlFH AND C&ROLTN IAC011~LI, FAULA SOSA, IT&ILIT 3. LIIBIRFARB, TRUSTHI, AND RICHARD 3. TIMEO See Pages Page 26 October 19, 1993 Item e16H1 moved to #8~2 ITDIrZ'iIII~I~IIN'EI I~COGIZZING I~03'ECTEDCAR/~ :FORWARD FOR PI~03'ZCTS IN FUIlDIlIt I'0119 301X FUND 306; FUND 307; FUND 345; FUND 362: !'U'ID 365; :F011DII4~ MIRFT~ID 368 lmelli3 ~tlm~4 to 10/26/93 1:!3OI,U'rIQIIIJ-414As. CClI.~s~ING GM~ ~ M~S ~R~Z~ ~ See Page /~ ~ ItemIll3 CORRESPONDENCE - FILED&ND/OR REFERItgD The following miscellaneous correspondence was filed and or referred as presented by the Board of County Commissioners, including the additional Item below: Preliminary Notice to Owner dated 10/7/93, to Collier County Government from Florida Mining & Materials Concrete Corp., for ready mix concrete, block and related materials for the North Collier Water Treatment Plant, under an order given by Ewtng Construction Co., Inc. Copied to Steve Carnell, John Yonkosk~ and filed. Page 27 October 19, 1993 XteslZLTI ~I&ZITI]II ~ IRPATZ INS. 65947 MID 82000 Ztemele~2 SATIIF&CTI0ffS OF LIEN FOR SERVICES OF THE PUBLIC Dsxssus~ see P.ges iOq- !11 ltem tlTL1 IATI27&CTION OF LIEN DOCUMENT FILED ON REAL PROPERTT FOR THE ABATEMENT Item#IlL2 RI3(FLUTIOI S3-485 AFPROVING TEE SATISFACTION OF LID FOR ACCC~3NT IN. 001281 (IIMIU~L I SMI 3UANZT& INRZNO, ~R.) FOR ~ lggl SOLZDIILTfR COLLI=TIOIIIMD DISPOSAL SERVICES SPECIAL ASSESSMErIT LIEN THAT leAS ~ "' S, T!I FROPERTY IN ERROR See Pages //3-//~L Item llIL$ RESCxLUTI~ 13-416 APTROVING THE SATISFACTION OF LIEN FOR ACCOUNT NO. 01688T (VZVI&NWI=TER AND CATHERINE WITTER) FOR THE 1991 SOLEDWASTE COM~TIO~IJlDDISPOSAL SERVICES SFXCIALASSESSMENTLIENTK4',rNAS PLACID .W~qJ[.o, THB PROFErrY IN BPJt0R Se, ~'.gee / / K- / / ~. ltem#leL4 mOLUTION 93-487 &PP~OVING THE SATISFACTION OF LIEN FOR ACO3UNT NO. 010650 (LEONARD C. · JILL R. BURKE) FORT HE 1991 SOLIDWASTE COLLK~IONAND DISPOSAL SERVICES SPECIAL ASSESSMEIeT LIEN THAT WAS PLACID AGAINSTTI~ PROPKRTY IN ERROR Item #12L8 RISOLUTIOI g3-488 APPROVXNG ~ SATISFACTION OF LIEN FOR AC~DUNT IN. O181H (~'OIII~NCCORD) FOR TI~ lggl SOLID 1taSTE COLLECTION ~ID 19-.- II~SOLIFflON 12-4S9 &PFROVING ~ SkTZSFACTION OF LIEN FOR AC~3UNT IN. 0446~0 (LrlD& ksx~U&~l) FOR TI~ lggl SOLID WASTE COLLECTION ,UID DZSPSe&LSX&~ICES SFECIAL&S21SSMENT LZENTBATWAS Pr,&C~DA~LTff~I' I~E .oo, 000,. 74 Page 28 October 19, 1993 There being no further business for the Good of the County, the meeting was adjourned by Order of the Chair - Time: 12:40 P.N. BOARD OF COUNTY COMMISSIOIlERS BOARD OF ZONING APPEALS/B[ OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL ~UNDERS, ,,. ,.. -:'~:,; ,,:-,. ;.~ <.:-, ..: . :;!:" Tl~';,ltnute. ,pproved by the Board on ,~,~ as presented /or as corrected CHAIRNAN 000,, 75 Page 29