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BCC Minutes 11/02/1993 R Naples, Florida, November 2, 1993 LET IT BE REMF~BERED, that the Board of County Commissioners in and for the County of Collier, and also acting as the Board of Zoning and as the governing board(s) of such special districts as have been created according to law and having conducted business herein, met on this date at 9:00 A.M. in !t~l SISSION in Building ~Fe of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: VICE-CHAIRMAN: Burr L. Saunders Timothy J. Constantine John C. Norris Michael J. Volpe Betrye J. Matthews ALSO PRESENT.' Dwight Brock, Clerk of the CIrcuit Court; Ellis Hoffman, Deputy Clerk; Annette Guevtn and Sue Barblrettt, Recording Secretaries; Nell Dorrtll, County Manager; Jennifer Edwards, Assistant To The County Manager; Ken Cuyler, County Attorney; Heidl Ashton, MarJorie Student and David Weigel, Assistant County Attorneys; George Archibald, Transportation Services Administrator; Bill Lorenz, Environmental Services Administrator; Tom O11 t f f, Publ lc Services Administrator; Leo Ochs, Administrative Services Administrator; Tom Conrecode, Office of Capital Projects Managenent Director; MIke McNees, r~anagement & Budget Director; John MadaJewskt, Project Plan R~vlew Manager; John Boldt, Water Management Director; Bob Blanchard, SIte Development Review Director; Greg Mihallc, Affordable Housing DIrector; DIck Clark, Code Enforcement Supervisor; Stan Litsinger, Growth Nanagement Chief, Bob Mulhere, Planner; and Sue Ftlson, Administrative Assistant to the Board. Page 1 November 2, 1993 :;'. Commissioner Norris aoved, seconded by Coneissioner Conetsntine and carried unanimously, to approve the agenda with changes as 'detailed on the lgenda Change Sheet, and the following additional Item #9B - Direction re participation in the Fire Consolidation Special Act - Added. Item #IOA - Reconsideration of recent appointment to the Hispanic Affairs Advisory Board - Withdrawn. ;,- 000- , O? Page 2 .. November 2, 1993 ~., COB~IXT &Q~3FDA - APPROVXD AND/OR ADOPTXD ::.'. The motion for approval of the consent agenda is noted under Item ~.:J~m~zltOVAL OF T~I NINUTIS OF TIFZ 8BPTXMXER 27, 1993 VALOR ADSUSTMINT BOARD, OCTOBIX 5, 1993 Ie~GULAX MEETING, OCTOBER 6, 1993 8PICIAL MIXTING, OCTOBZX 12 AND lg, 1993 REGULA/t MEtrINGS AND OCTOBER 20, 1993 81~CIAL MXITINe - APPROVED AS PRESKNTED Cmimstoner Matthews moved, seconded by Commissioner Volpm and carriedmmnisously, to approve the minutes of the September 27, 1993 Value Adjustment Board, October 8, 1992 Regular Netting, October 6, Z].~999 Special Nesting, October 12 and 19, 199S Regular Meetings and 20, 19g$ Special Nesting. DISIGNiTING NOVENBKIt 8-13, 1993, AS YOUT~APIqtECIATION .Upon reading of the proclamation, Cmmi$sioner Matthews moved, by Cosaissioner Norris and carriedunani~ously, that the L~ndesignating November 9-13, 1993, as Youth Appreciation 'Neck bet dotted. Mr. W. S. 'Budn Wilhelm, Optimist Club Secretary, accepted the --~.. '* Page 3 November 2, 1993 Commissioner Volpe congratulated and presented Employee Service Awards to the following Collier County employees: OrftlIo P. Olazabal ,~oanne Dalbey ~urt B. Jokela William B. Smith, Jr. Hemart PantoJa Nariam Ocheltree years, Road and Bridge years, Project Plan Review years, Fleet Management years, Code Enforcement years, Traffic Operations years, Technical Planning ",'~ Commissioner Saunders read a letter from Denlee Coleman, County ~[xtenston DIrector, describing some of the activities that Home Economics Program Coordinator Bonnie Fauls has been involved In. ~' Commissioner Saunders presented Ns. Fauls with a Distinguished Award In recognition of outstanding contributions to 4-H, from National Association of 4-H Agents. Ns. Coleman advised that this award Is the 6th National recognl- tlon of this type received by the Extension staff. award Is Indeed an honor. She noted that ~ g3-B79 MID 93-212 - ADOFTID · Clerk Dwight Brock requested adoption of Budget Amendments 93-579 and 93-582. Volpe moved, seconded b~ Cassiasloner Norris ~nd that BudBet Amendments 93-579 and 93-882 be [tel. Clerk Brock stated that this Item Is a request to transfer the ~..tltle to personal property purchased from Fund 301 to the Shertff's .,,:i ,00, 000,' , '~""* ' November 2, 1993 ',"[" in answer to Commissioner Volpe, County Manager Dorrlll explained :'.that this transfer involves small fixed capital items and equipment, as reflected on Page 2 of the Executive summary. i"'~:,, Cesaiss~one~ Volpe xnmd, seconded by Coss~es~oner Norris and ',~:carrJed ~xauisously, to approve the transfer of assets as requested. (270) Ires lTJI, P. ICBMtD !1~o SOLTOll, 3/to RE OFF-E:ITi PARKING VARI:MICI AI~tC.I. DE THZk'IIR - Deeolir.~, FZOI~IIMI - FrfZTZONIR TO WO~ NIT~ ETJ#F MfD COUNTY ATTORNFr Mr. RZchard Soltow, ~r. stated that he desires to re-open the Arcade Theater in Immokalee. He reported that the theater has been · [.closed since 1989. He explained that his grandmother, who is now :~i:deceased, had owned the theater and his mother has slnce obtained p through the Estate. Mr. Soltow advised that in attempting to obtain a Certificate of ,. Occupancy, he has learned that the parking area is zoned residential. He indicated that this area has been utilized for parking since 1948 and the site met all fire and building codes in 1987. Mr. Soltow requested authorization to use the parking area, delay ~ the development of the site by utilizing the funds he presently has to xake the necessary improvements to the building. He remarked that the parking area contains limestone whlch would be sufficient for tam- parking. Planner Nulhere stated that staff has discussed the code require- ments with regard to re-opening the theater which has been closed 1989. He noted that because thls theater is located within the ~';~central business district of lmmokalee, 5OX of the normal parking :v:~would be required. He noted there are some spaces which could be on the coasercial site and others would be placed behind the theater on a residential lot. He remarked that the normal procedure j would be through off-site parking and the site development plan, 'however, there is no administrative provision to waive these. · ;'i' '. Page 5 · ~;~;~ .!~., November 2, 1993 Commissioner Saunders suggested that staff work with Mr. Soltow ;~...U~elative to the off-street parking agreement. Mr. Soltow remarked that he desires a temporary waiver of the SDP and a conditional Certificate of Occupancy which would him to open the theater and obtain the funds to improve the site, Coun~ Attorney Cuyler advised that there is no provision under Code in this regard, however there a mechanism but Mr. Soltow have to go through the process. / Cosun~sstoner Volpe remarked that through the vehicle of a tem- ~./porar~ use permit, a social amenity may be able to be accommodated Is important to the Immokalee community. ' Count~ Attorney Cuylsr stated that staff could certainly expedite [.the process, if so desired by the Board. County Manager Dorrill advised that the Arcade Theater is the first and only movie theater in Immokalee and it is important for it to be open during the agricultural season. He noted that staff can ~: slat Nr. Soltow with a temporary use permit, however, he may be ~jcttsd but back before the Board for consideration before going to the :""!:'f-i ' ~.;;!i~:~Code Enforcement Board. ~.!... ~j',~ . Commissioner Saunders suggested that Nr. Soltow work with the i~Z]County Attorney and Planner Nulhere. He noted that he does not object ~'~o · temporat7 use permit and going through the process as outlined by t V&LZIll RE AFFOINTNIIT2 TO TNI HISPANIC AllPAIRS ?;!(County ~4anager Dorrlll, but noted that he does object to any relaxa- ,-.~';'. I n with regard to any safety standards of the building itself. :::~';';: Nr. ~ulhere advised that a temporary C.O. would be required which "Z;;';' would also necessitate an inspection by the Building Department. !~:./ TIle Iolrd concurred that Mr. Soltow work with staff and the County :'~'~:i'~ &ttornsf relative to a Tesporax~ Use Permit. ... { aSS ) ";':" N~. Victor Valdes remarked that his letter of October ~, 1993, i'n ;"' ~ j~:' requests reconsideratton of two appointments to the Hispanic Affairs 13' Board. November 2, 1993 He advised that Ms. Carol~n Alden resigned as of 1993. Hr. Valdes stated that he is withdrawing his request relative to ""'- appointment of Mr. John Koch since he has demonstrated that he the ability to understand the problems, goals and dreams of the Hiepanic community. Mr. Valdes expressed concerns with regard to non-HiepanAc persons ij~'msrving on this advisory board and suggested that this not be repeated in the future. No action was required. 12)': t2-2OO, I:FKCLARINO THE RADIO ROAD PUD A PUBLIC NUISANCE AND Mrs. Doreen Vachon, homeowner on Gall Boulevard, spoke to the issue o5 homeless persons camping in a nearby vacant lot on Radio Road. She cited concerns with regard to trash, safety of her ~children, stolen newspapers, break-Ins, raw sewage, and garbage. In answer to Commissioner Volpe, Mrs. Vachon advised that the pro- party 2o posted, however, the Shertff's Off2ce does not have the man- power for a deputy to be present every night. Code Enforcement Director Clark advised that the problems as described, have been an ongoing problem for some time. He noted that .'the La~d Development Code criteria for the removal of protected vega- states: "The Development Services Director may approve an application for vegetation removal permit based on the following criteria .... " He noted when there Is an illegal land use on a reoc- -[.cutting basis, staff would have the authority to approve a permit for vegetation removal. · Commissioner Saunders recalled a similar situation An Immokalee involving a lot where criminals were hiding. He noted that the area was cleared, declaring that It was a nuisance and a public safety Page November 2o 1993 Mr. garl Frfe advised that there have been many problems with this property in the past. He noted that he has been working with the com- · sunityand the 5heriff's Office. He noted that this property is zoned ' commercial/industrial and it would have been developed if the economy ':was better. He revealed that he has received many calls from i.~ homeowners in the area, Indicating that they have had b/cycles stolen, :and attempts have been made to steal vehicles. Re requested approval ~to clear the property. -',~ Commissioner Saunders stated that the enttre Commission concurs .with Mr. Frye's request. In response to Commissioner Volpe, Mr. Frye revealed that he would ~lAke to clear the property in a park-like setting and save the better specimen trees. He noted that this would discourage hab/tation on the site. .a' The following persons spoke with regard to this Atem: Robert Netssanborn ~:: George Keller "Coun~Nanager Dotrill presented a letter from Robert Becklet, to entered into the record. Ccestissicaer Constantine moved, seconded by Commissioner Norris ~[~snd cal~rJed -n J zesly, to declare that there 18 m public nuisance, 8nd estIMates Itr. Frye to clear the land to the extant ha feels is .IFF-o~xtate, 8rid that Resolution 93-500 be adopted. Commissioner Constantine questioned whether it would be appropriate to create an administrative authority so that if a similar situation occurs, it could be addressed by Nr. Clark and his staff. ..County Attorney Cuyler advised that it depends on how widespread the i'clearingmmy be, noting that these people will probably be moving from place to another. He related that he will meet with Nr. Clark and discuss this issue. Commissioner $aundera suggested that Nr. Clark return in 2-3 weeks :and provide some general information as to how widespread this problem (~S and that County Attorney Cuyler develop a mechanism to delegate to Page 8 November 2, 1993 Clark or his staff the administrative authority to permit the clearing of lots, based on certain criteria established by the Board, there is · public nuisance. Page 9 November 2, 1993 Transportation Services Administrator Archibald announced that ~' this item Involves the landscape design element for the Vanderbllt ~' .bach Road project between U.S. 41 and Gulfshore Drive. He noted that the actual design contract was ordered earllet in the year, however, il*staff was directed to contact the property owners along the road eorridor to determine their participation In the landscape design :1::'~f'fort and future landscape improvements. Mr. Archibald explained that there have been discussions between ;'~.the Vanderbtlt Beach Road Committee and staff. He reported that a 'commitment has been made by the committee to subsidize 50~ of the design phase. He revealed that an original design cost of $25,000 was :'=projected in early 1993. .)'~ Nr. Archibald requested that the Board consider the landscaping i:~lement and including same in the current deslgn contract in the amount of 217,950. He indicated that there wlll be subsequent involvement in the Installation and maintenance. Cwwaiswi~mer Norris moved, seconded by Commissioner Volpe to "/IV-G-.I 2m~Plmmm~tal Agreement No. I with ~11, ~r I B~, Inc, Mr. Art Jacob, Vanderbllt Beach Road Committee Chairman, stated has group would like to explore the possibility of reducing these costs. He noted that costs for the entire project have ranged from *$300,O00 to as low as 8140,000 and it now appears that they are Commissioner Volpe encouraged Nr. Jacob to continue to explore the of reducing the costs. Re stated that the design phase 'would allow the project to begin and noted that this is a supplement to an existing contract. He remarked If the costs are reduced, the Committests 50~ would be reduced commensurately. :... Page 10 ;~L"; November 2 1993 ~Y'j Assistant County Attorney We~gel advised that he has reviewed the ~!2UPPlemental Agreement with regard to legal sufficiency. Re noted that th~s ~s a supplement to an ongo~ng agreement between the County and the design professional. He ~ndicated that the representation ;' made by Mr. 3acob and the property owners have been made re= the · record, however, they are not a part of the underlying agreement. He .~{noted that the County w~ll have the responsibtl~ty for the full amount the agreement. ~:~ Upclt call for the question, the motion cax-~led ~mnJ. :usly. Page 11 November 2, 1993 :;". PUItCliSI AGRIIMBrf FOR Tel ACQUISITION OF TI~ FIg SIMPLI IMTIXt~T OF COkvsx~ ~ I ~~TXON ~~ ~R 2~ SkY ~TX~TZ~ ~ ~ ~ 16, 1993 Commissioner Saunders recalled that this item was previously heard but it was sent back for additional reconsideration. Transportation Services Administrator Archibald stated that staff ~:Yi, tm very close to working out an agreement with the property owner. He :~"noted that an additional effort will be made to determine whether the 'Florida Game and Fresh Water Fish Commission will reconsider their poeit/on with regard to providing mitigation at the Immokalee Airport. Ha requested that this item be continued for two weeks. ~-: CommLimsionmr Volpe moved, macondad b~ Commimmioner Constantine and !'. cat"Tied mnmntmoumly, that this Item be continued to November 16, lg93. (211e) TICillIZMIIiTXOITO&FPROVI!tXSOLUTZONklTDACTION 8TIP8 RItQUIR.BDFONTHI TR&MJFEROFTKRMAItCOAIRPOIt'TFROM STATE LANDS TO COLLIER COUNTY IN AC~WITN 2T&TI NOUSi SXLL N0. 1851 - COMTII~2D TO MOVIM~ZR 23, ZggS Transportation Services Administrator Archibald stated that there are three elements to House Bill 1851: the State would transfer, by ;-: deed, the Airport to the County with the notation of a reverter clause involving continued airport operations; three sections of land in the Fakehatches Strand to be transferred to the State; and that Janes Scenic Drive be closed to the general public. Commissioner Saunders questioned whether notification of this :lmgenda item has been been provided to the people to be affected by the Y::~'.clostng of ~anes Scenic Drive. Mr. Archibald stated that notification ham not been given and noted there are 25-50 users representing 50-100 tripe per day. He recalled in prior years, an advertisement appeared ,in the ne~mpaper with the proposed action. i~.:: CoamAssioner Saundera stated that he would like to see this matter Page 12 November 2, 1993 to alleviate any criticism of the Board taking action prior notice. :,.. :.~'CoSaissioner Volpe concurred with CassiasiGner Saunders' concern. (~I' Commissioner Matthews cited concerns with the closure of 3anes Drive. In answer to Commissioner Saundere, Nr. Archibald revealed that notification will be provided in the newspaper and signs will be ~posted, advising of the next hearing. " Casedesigner Volpe moved, seconded b~ CassiasiGner Norris to con- .L'.tfinxe this its to November 23, 1993. The following persons spoke with regard to this Item: George Keller A1 Perkins !.~i');'Upma call for the question, the sotion carried tmanlmously. Item tICl .~COITIU~T IFA"NKIN COr-tlllt COUNTY AND TRAININ AID ZDUC&TI011 CINTI~ FO~ TII NAIDI~, INC. (T.B.C.B.) TO I~ItFOI~N LMIDSCAPI NAIITINANCI FOR ~ - Commissioner Natthaws recalled that she asked that this item be removed from the consent agenda and placed on the regular agenda at · the October 26, 1993 meeting, however, it was continued. She noted that it seems that this item is somewhat related to Item 8C2 which is :fanother contract arrangement that is being moved from Public Services Facilities Nanagement. She questioned ~thy the T.E.C.H. is not ~hetng handled in the same manner. Public Services Administrator Olltff explained that Item #8C2 18 a providing for maintenance within the County'8 Parks which is by staff. N:. Olliff reported that the contract with T.E.C.H. which is an 'entity that provides, through grant support, mentally handicapped individuals to do weeding, restroom cleaning and sweeping at the Golden Gate Community Park. He noted that this service is provided at "a'cost of approximately $26,000 versus 840,000 if County staff were to Page 13 L~[?I.Z November 2, 1993 .be utilized for this work. .D~ ~_ siene~ Itatthews moved, seconded by Commissioner Volpe sad :~' CUTl~l , '- is~nasly, to approve the contract with the Training and ' ~acatiemal Center for the N~ndicapped, Inc. (T.I.C.N.). ~oo~ OCO,.~, ~.5 Page tI~DIIIIKNTTO TRMISITRT~RMMIAGZ34ZNT OF CONTRACTED GROUNDS FUiI~'fI011~ AT OFF-SITI COLLID COUNTY FACILITII~ FIt011P~ I~ID!~!~TIOIITOF&CILITIESN~ltaGIKENT -~PROVED This item was discussed in conjunction with Item #8Cl. Cossl~elion~r liarthaws ~v~d, seconded by Commissioner Yelps and ,carrisdunanismmly, to approve the transfer of contract adsinterFe- re.' tion i~ lsmamintenance at the tan off-campus properties from the ;Parklladllecrl~tion Department to ths Departlent of Facllitiss Nlnlglleat, luthorizs the Facilities Nanagtssnt Director to approve cblngl ordlrl not to exceed the appropriation and approve the Budget lllndllnt an described In the hecutive ~ulsary. $05 R.~ce.ese]z 10z35 A.N, - Reconvenedz 10:50 &.M. at which tim !tlcordJngSecrstary Ouevin replaced Deput~ Clerk Herflirt ltesa ~EQU~ST BOA~D DII~CTION IeSGARDING NAPLES P~ 2WALE :~'~ NO~ATC~tM~ - COStlY A'xxOAssf TO RgTUI~ WITS ABGZDMXNT TO O~DINANCg k.:-XITIIDIlle NOXtTO~I~N TO 12131194 Commissioner Saunders noted the Board has received a request to --'-faxtend the Naples Park swale enclosure moratorium to December 31, · 1994. Responding to Commissioner Constantine, Stormwater Management ff~blrector John Boldt stated such an extension will meet the conditions of the Department of Environmental Regulation (DER) permit, keep the permit valid and give the residents another opportunity to gain interest In the project under consideration. Commissioner Constantine asked i~ anyone present has an objection to extending the moratorium? f:'les, The following person spoke at this time: Stephen Cosgrove Nr, Boldt explained the rationale behind the moratorium is that felt the only water management within }laples Park is in the swa- Rm said if residents are allowed to fill in and enclose the swa- Page November 2, 1993 .am with a pipe, the water quality treatment, retention, detention and water recharge will be lost. He said that was the environmen- t-tel trade-off the County received In consideration of its proposed Improvements along 91st/92nd Avenue and 8th Street. !i~i~,~Commissioner Volpe asked if the State may allow a waiver if Mr. .Cosgrove were to meet the current County standards for the sizing of .;pipe, etc.? !.': Mr. Boldt responded in the negative, reiterating the only reten- tion and detention as well as water quality recharge and protection .~. available in Naples Park is in the swalss. The following people spoke regarding this Item: Fred Augusto Robert Grove ~eanne Banerico Richard Wood Omml~eloner Volpe moved. seconded by Commissioner Norris and carried --- J _~sly, to direct the County &ttorney to return with an _ ~s t to Ordinance 91-24 extending the Naples Park eweIs enclosure ',: ~t.l~un to December 31, 1994, !."..J~TIOM TO AWARD BID 193-2104 FOR $TORNMATKR D!t&INAGI Mr. Boldt Indicated this is the first attempt at privattzation of ~". maintenance activities to determine whether this is a cost effective ~.~,.- :.:~ .way of involving private contractors in work traditionally done by County Staff. He said bids were solicited from 89 maintenance firms [!"for this project, of which seven picked up the documents; five firms artended a mandatory pre-bid conference; and only one bid was received -. in the amount o~ $31,407 from Environmental Waterway Management. He ii- noted Staff previously estimated this work to cost 235,940, therefore, privatization will result in a savings of 24,500. He commented the reason only one bid was received is that most of the aquatic plant control contractors are equipped to work only on homeowner association lakes, and this will be a very labor Intensive project with special ,o. 000. 31 Page needed. November 2, 1993 He concluded by asking the Board to award the bid ~nvtronmental Waterway Management and approve the necessary budget for sufficient funding. Responalng to Commissioner Volpe, Nr. Boldt explained Staff origi- nally anticipated a cost of 225,000 for this project, which is the amount included in the budget; however, once the specifications were 'developed and the site was reviewed, Staff raised their estimate to .:.835,000, leaving a deficit of approximately $6,400 and necessitating a budget amendment. Cc~ Jssion~r Norris moved, seconded by Commissioner 2sundsrs and carried~nsnlsensly, to sward BId ~93-2104 for stormwater drainage :.msJat, a .~rca Ln FIne Ridge Industrial Park to XnvIronssntal Waterway 118nagssslmt In the amount of 831,407. (140) ", ltme e8~ ~TIONT]L&TT~I BOARD AUTHORZweSTAIrF ~ 80~ZCZT~STS ~R ff.-~- ~ ~ 2~~ ~ZON ~ - ~~C~TZO~ ~ Bill Lorenz, Environmental Services Administrator, communicated the objective of thls ltem is to recetve direction from the Board to proceed with specific action plans to address various solld waste pro- [: ceasing and disposal alternatives that were developed as the result of the September 15 Landflll Expansion Workshop. He recalled the Board directed Staff to put expansion of the current stte at the bottom of the list of alternatives, to begin specific analysis of alternative sites within and outside Colller County and to begin the process of preparing an RFP to see what other technologies are available. Referring to Attachment "C" of the Executive Summary, he explained the menu containing max components that make up a solid waste management strategy. ~' !tr. Lorenz continued, noting it Is Staff's opinion that in order meet the 30 percent recycling requirements imposed by the State, an aggressive type curbside recycling program, including multi-family Page 17 November 2, 1993 ~ndbusiness curbside collections, is needed. He pointed out Staff ~i~*!,.wtll be returning tn the near future with m recommendation that a man- datorV multi-family program be established at approximately $12 per · unit per year. He also suggested that an economic analysis be under- t~ken, because the more material removed from the waste stream should result In less disposal costs. Nr. Lorenz Indicated an important question for the Board pertalns to whether the current landfill should be utilized as the County's hub for central processing, with final disposal shipped elsewhere. Cosnatssionsr Constantine remarked he is against using the current facility for that purpose. ~'.ji"' Commissioner Saunders suggested the Board must look for advice ~from those in the solid waste disposal business and must know what technologies are available in order to make that decision. Nr. Lorenz estimated that the Requests for Qualifications (RFQ's) should be available by ~4arch0 1994, at which ~lme the Board can decide on which technologies to consider as well as whether or not to tale- .Cats the current landfill. Re noted tnctneratton ts still an option available to the Board. was the consensus that tnclneratlon will not be considered Xn response to Commissioner Volpe, Nr. Lorenz reported the waste ]~charactertzation study presented to the Board in Nay, 1993, concluded ~t'.that the 30 percent requirement can be met, but the capture rate of particular materials targeted for recycling must be close to 80 per- cent In order to do so. He stressed between a curbside program and a '~:;centralized volume reduction technology such as composttng, the State -~'rsqulrement can be met. Referring to Attachment 'An on pages 5 and 6, Nr. Lorenz explained the Request for Qualifications and Proposals is a statement of Intent for individuals who can propose on various parts of the strategies. said Staff will be asking for their qualifications based on their past experience, and will request detailed information on existing Page 18 ~contrscts, such as terms and conditions. November 2, 1993 noted with that infor- marion, there will be a better understandin~ of what the market is in terms of cosrpetition among vendors. He said Staff will present that information to the Board at a workshop in e4arch, at which time certain technologies can be excluded Af not enough details are available. From that point. he reported, Staff will be able to structure a very detailed RFP so that the Board will have actual cost data to evaluate in the ~une/~uly timeframe. Re concluded by detailing Staff'e recom- mendations as contained on page 4 of the Executive Summary, including ,;, the establishment of an ad-hoc committee to recommend criteria for a !(.., ['.',':~.landfill in Collier County. Tho following people spoke at this time: ,.. Sally Lam Kay Kluever ~:'. ~esnne Brooker Barbara Jenkins Wa~ale ~enkins ~ames D. ~enkins ~ 'Bob Kraeowski Chris Straton In response to Commissioner Constantine, Nr. Lorenz explained a clean NRF takes recyclable materials and separates them into groups In a centralized area. He said consideration of a clean NRF can be incorporated into the RFQ and RFP process, however, it will only be ngful Af the recycling process is expanded to the point where it cannot be done through a truck sort system at curbside. Commissioner Volpe proposed that consideration of a clean NRF be included in the process, to which Commissioner Saunders agreed. Commissioner Volpe suggested rather than establish an ad-hoc com- mittee, that the role of the Planning Commission be expanded to "'~ include this subject since they are well versed in land use matters. Commissioner Saunders communicated there are two issues to con- eider in this discussion. First, he said, over the short-term, A.e., the next five to lO years, operations at the existing landfill must be optAmAzed, and the RFQ must include such proposals as synthetic cover and landfill mining. Secondly, he stated, the decision must be made regarding what technology to use for the long-term solution to solid · waste He indicated siting is a priority, but the Board cannot deter- Page 19 November 2, 1993 .line where solid waste processing should occur until they know what .technologies will be involved. He asked that the Board direct Staff [:~[;'to prepare two RFQss, one to solicit proposals from qualified firms that can assist the County in dealing with the existing landfill} and · second RFQ from firms that are developing technologies such as com- '~;',; posting sad clean/dirty MRF's. He added that the short-term Action Plan projects recommended by Staff on page 4 of the Executive Summary should be implemented as soon as possible. He communicated his reti- cence to forming a cittzen's committee at this time because of the extremely technical areas to be investigated. C_ 41sim~ C~nstsntine moved, seconded by Cmmiseloner Volpe, to direct Staff to take the steps outlined abvve in Commissioner mq,___~,_le caseante, with the further direction that the ~Fqea he ~,,.~eht ~ ss soon as possible, and that preliminary work be done to tdsatli~ ff disqualify potential alternate landfill sites within Collier Cv~t~y ~n order to rule out those not suitable for further lnvestig~tion. Commisgioner Natthaws pointed out there may be an interest by "Other nesrby Counties in a regional landfill, and suggested that i~ea '~he explored. A~dressing remarks made by the public speakers, Commissioner [Norris commented that volume based collection, i.e., charging on the amount of garbage being put out, will result in an increase in illegal dumping which is the reason mandatory collection was instituted. Up~ncaII fox. the question, the sotion carried unanimously. see ]Seeeast lJz22 P.M. - ]teconvenedz lz~0 P.M. at which time lec~ SecretarrBarbiretti replaced Recording Secretart Suevin see OF FIBaNCIAL ADVISOR'S CONTRACTJ AUTHORIZATION TO IIITIATB FOR S~ZJCTION OF FINANCIAL ADVISOR - STAFF TO ~ COBrrNIf~TFCRIMOFr~:SA.ND FI~OCBAx) WITHKSTABLXSKKDRFPPROCtS2 Mike McNees, Budget Director, Countyes Financial Advisor expired on October reported that the contract with the 1993, He recommended Page 20 November 2, 1993 that the present contract be extended for slx months to allow for the continuance of on-going projects, He requested direction regarding the RFF process for the selection of a replacement Financial Advisor, should the established process continue? In response to Commissioner Consranting, Mr. McNees announced that 'the contract expired due to an oversight by the Budget and Finance !-~" Departments, Com~tesioner Volpe noted that the Clerk of Courts office has hired ~. a Money Mar~ger. He asked if it were possible to have this employee ;assume this responsibility? :~.~"~ Nr, NcNees answered that the position for the Money Manager would not have the same responsibilities as a Financial Advisor and that it is clearly the intent to have a non-employee to represent the County's ]interest and provide neutral advice on debt financing. !'i~i"'" Clerk of Courts Brock emphasized that no one has been hired for ~"the position as of this date and that the issue of dual capabilities has not been broached. ::ff.~.~. Commissioner Norris noted that an independent Financial Advisor alleviate the possibility of criticism, ?.. In answer to Commissioner Norris, Mr. NcNees confirmed that ]'although the Financial Advisor has no involvement In bond sales, the '.. 'number of firms interested tn this position have not been limited in "] the past. i.(~.' Ceemtestcler Norris moved, seconded by Commissioner Constantine to the coatfact extension for six months, antberixe the Itsquest :a foF ~A~SSeFV~ J~rOCaSS and direct staff to rstain the interview process f~ ties final applicants, Commissioner Volpe suggested that the finance committee in the selection process be comprised of a member from the County Attorney's ~i" 'staff and anothe~ member from the Clerk's staff. Commissioner Ssunders suggested that staff be directed to return with proposals on who should be included in the selection committee. UJSSS Ctll f~ ths question, the motion carried 8/0, Commissioner Volpe clarified that the composition of the group .!~that will be reviewing the RFP's should be restructured. Commissioner 8sunders pointed out that there are two committees; selecting the Financial Advisor and the other selecting underwrt- -term, Nr, NcNees reported that the finance committee would select the [':Flnancial Advisor. He commented that a representative from the County '..'XAttorneyes office and a designee from the Clerk'a office could be added. Commissioner Constantine remarked that he did not see the need for l additional representatives. Commissioner Norris agreed with Commissioner Constantine. Comaisatonar Saundsrs directed that a member of the County Attornay's office and a member of the Clerk's office will be added to ~-'ithe committee. Assistant County Attorney Ashton reported that the County will be certified with the Federal Communications Commission (FCC) on ~.Novamber 3, 1993. She noted that as part or the FCC regulations, .before the County begins regulating rates, it must adopt the regula- ttons of the FCC and notify the cable operators of the certification and the adoption of the regulations. .[ Ns, Ashton requested that the resolution be adopted, along with .'.the regulations of the FCC and that the County Nanager notify the cable operators of these proceedings. ".; Coamissiomer Coasts~ttns moved, seconded by C~isaloner Norris end marFig xm~mismasly, that the regulations of the Federal CC ications Commission be adopted, thereby adopting Resolution ~, ','; 93-501, Page 22 November 20 1993 Assistant County Attorney Student revealed that the County's ,Growth Management Plan (GMP) requires that the City of Naples propo- sal be reviewed in relation to the impact on County's infrastructure and impact upon any Interlocal Agreements with the City. Assistant County Attorney Student reported that the process set up ,' under the Growth Management Act° the local planning agency is to ;'~...review this proposal, She announced that the Collier County Planning [. Commission planned to review the proposal prior to it coming before :~' the Board but because the developer was not present at their meeting they moved to consider this project at the CCPC meeting of November 4, 1993, therefore their recommendations will not be considered. Barbara Catchions° Chief Planner, stated that the main concerns :':regarding this project is that it is inconsistent with the County's l"Comprehensive Plan in regard to density, the height or the project is "greater than the residential character surrounding it and the develop- merit standards between City and County are different regarding parking, landscaping and open space requirements. She added that the .Countyes requirements are more stringent, Ms. Cacchtone concluded '~'that based on these findings staff is recommending that the project is .inconsistent with Collier CountyJs Comprehensive Plan and incompatible n~:with the area, ]i.):~.. Assistant County Attorney Student revealed that she had discussed sewer and water with Mr. Bloatschef from Utilities, and advised that ~"' the project would be served by City water and County sewer. She advised that after consulting with the Parks & Recreation Division, the impact to the Level of Service (LOS) in that area is negligible i'due to the size of the project, Ms, Student announced that she spoke .. Page 23 November 2, 1993 Mr. Nilmy of Water Management, who advised that the development 'will haveno impact on drainage. Transportation Services Administrator Archibald reported that hie staff reviewed the possible Ampacts and concluded that thls project .will not effect the LOS. He noted two improvements that should be considered in the future. Ms. Student remarked that the Interlocal Agreement with the City provides that any significant project that could Impact the County, the Clt~/wlll notify the County within a certain time period, adding ,that after she consulted with staff she learned that the County was :,'nOt notified. County Attorney Cuyler pointed out that the Issues raised by the property owners are noted in the executive summary. KIm Kobza spoke on the subject. Ceesiswi~nwr Constantine moved, seconded b~ Commissioner Norris end cmr~isd ~nsntmously, to direct the County Attorns7 to forward the noted to the Department of Commnznity Affairs. .'~ ~~l~ ~ ~ g, 1993 ~:-~..' ~ ~ C~W Attorney ~yler ~n~nced that a number o~ Issues regarding ~,' Fire Consolidation have been raised. He reported that great deal work will he required to develop a proposal that will be accepted by Legislature. Mr. Cutler requested direction as to how he should prioriSize this . pro J ect. ,".. In response to Commissioner Saunders, County Attorney Cuyler replied that the item is on the agenda for November 9, 1993. County Manager Dotrill indicated that the Special Act must be delivered to Mary Ellen Hawkins no later November 17, 1993. It m the consensus of the Board to discuss this item on November Page 24 November 2, 1993 e~-eo2 Iz DIIllI]T Z]CKAZNA]ID RIO3rT80INAYFOR IACrr,,ITZ~8 -JLDOPTID Commissioner Saunder8 announced that the recommendations included in this resolution would sake the eminent domain procedure easier but at the sue time would not affect property owner'e rights in terms of coapensation. ~:"' CcsmissJ~neT Constantine moved, seconded by Cosaisstoner Norris ~.l end carried ~-~t -ally, to approve this petition, thersb~ adopting Page November 2, 1993 ~ OF CLwlTa!~ ~ ILXMlFr VOTI - NO ACTION Commissioner Constantine reiterated his concern regarding the cre- ~ibility of the Board regarding the Capital Improvement Element which was voted on at the meeting of October 26, 1993. He advised that mem- bare of Taxpayers Action Group (T.A.G.) have voiced their concerns :.regarding this issue. '.. In response to Commissioner Saundere, County Attorney Cuyler ,lied that this cannot be considered a request for reconsideration. The following people spoke on the subject: Frances Barsh Gilbert Erlichman Zd Schaefer Douglas 14cGilvra Fred Tarrant County Manager Dorrill commented that the Insurance issue could be discussed at the Personnel Workshop scheduled for December 1, 1993, and suggested that the issue be discussed at the regular meeting of · November 23, 1993, N=. Dotrill recalled that at the final budget hearing, the Board aside plan adjustments until the item came back before the Board, ~'. and the Board did Increase the employee contribution for dependent ;.. coverage. Dwight Brock, Clerk of Courts, announced that he had received a bill in the amount of 867,210.00 for health Insurance for his employees. He explained that he asked his staff to research the records of the Board of County Commissioners official action regarding insurance and the minutes of the meeting revealed that the health plan !. be continued, that the employee contribution be Increased for family ~'.coverage to 290.00 per month and that more information be obtained for Page 26 November 2, 1993 for the overall plan. He remarked that ha reviewed the video tape of that meeting and that the Board's discussion did not change the fees that would be charged to the Constitutional Officers. He said he contacted Mr. Ochs and advised him of his concerns on many occasions and on October 21, 1993 wrote to Commissioner Saunders advising him of his concern and asked for assistance. Mr. Brock stated that it was his understanding that Commissioner Saunders would appear at the meeting of the Constitutional Officers scheduled for November 3, 1993 to discuss and clarify the Board"s intent. Mr. Brock confirmed that on October 28, 1993, he was informed by the Sheriff's Department that the Risk Management Department informed them that as a consequence of his non-payment, the insurance company cancelled the claims of his employees effective October 1, 1993 County Manager Dorrill stated that no oases insurance coverage has :~-~besn cancelled or terminated. He contended that the Board's adopted budget and fiscal policy was predicated on those prior rates. Re remarked that if the Constitutional Officers have refused to pay their October invoice as a result of a misunderstanding it was not com- m~ulicated to his office. He pointed out that this is a self funded plan. He asked how could claims be paid without receiving money from . part lc ipmnts7 :~:!:. Commissioner Baunders announced that after he heard of the con- corns of Mr. Brock, he met with Mr. ache who confirmed that as of ','.OCtober 1, 1993, medical claims of the Clerk's office were not being In response to Commissioner Volpe, Administrative Services 'Administrator ache answered that there have been several meetings with the Constitutional Officers and Board staff to discuss a variety of issues relating to the medical benefit plan. In replF to Commissioner Saunders, ~eff Walker, Risk Nanagement . Director responded that the balance in the account for medical bills is approximately 8150,000.00, and the budgeted amount in the reserve account is $1.7 mllllon. Page 27 November 2, 1993 -'.' Commissioner Saunders emphasized that with the amount in these =accounts, there Is no reason not to pay the Clerkus bills, because the funds are available. Commissioner $aunders remarked that there is clearly a com- munication problem and someone should have notified the Clerk. County Manager Dotrill agreed to meet with Mr. Brock before the !"icering of November 90 1993. ,'BliPS IIf:l'u'~rRO!w - TO Blt ~ NOVIMBBR 9, Zgg3 OR NOVEMBER 16, iggS County Manager Dorrtll suggested that the NRPA Workshop be held on November 9, 1993 or November 16, 199J, It wee the conName of the Board that the WRP&Worlmhopwill held i~ mS ettbex- kvi ~vf g, lg93 or NovaRbor .length of the qenda, 1993, depending on the XtemellD' DOARDOFCGUFFr~SmXO~ IIZgTXNG ON 12/28/93 - COibkd~O~ NOT TO ~.J~rrellll/ll/g$ County Manager Dorrlll announced that historically the Board has elected not to meet between the two holidays. · ~ It.uSa the consensus o~ the Board not to met on December 28, (2210) Xt'~m A~B3l'~ar'~fl 94-28 JLND 94-30 - ADOP'rKD Commissioner Saunders announced that theso two ageads items were not addressed earlier they would be heard at this time. Comaimlioner Volpe moved, seconded by Commissioner Norris and CtTTtOd ~smniJ~asly, that Budget Amendment 94-28 and 94-30 he s~iopted. /'.'BUDO~JgM~MeKNT RKSOLUTION 94-02 - ADOPTED Cemaimmioner Volpe xnmd, seconded by Commissioner Norris and .~'i carrled~nmnimously, that Dudget Amendment Resolution 94-02 be Page 28 see November 2, 1993 Commissioner Norris moved, seconded by Commissioner Constsmtine and carriedunanimously, that the following items madmr the consent agwnda be appravmd and/or adopted: see ~CCIPT~OF lnaav~CABLZ LETTIXOFCPJEDIT FOR LANDSCAPING FOR SIT2 !ZVIZOPIe31TPrANIO. 92-132, "2ILVElt 0~ &TTHX VINEYARDS" · ACCiF'JIICI OF CAS~XI~S CfflCl: FOR LANDSCAPING FOR 8111 DKVlI.OPMXNT FLMI IO, 92'41 "DOMI~ lqt0PXltTT" ': It:ISOF, UTIGI 92-498, I:iCOI~DIIO OF ~ FINAL PLAT OF "RITSTLIN6 PZISS" - ~']; WITI ~TXINFI LI DITAILXD 11 T!!Z EIICUTIT2 SUtIIARY See Page~ --&/ ACCIFrAICI OF MATIX FACZLZTII2 ~ MAL-IIMtT SOUTH - MITIi STIPULATIONS AS DITAIIID 11 TEl IXICUTIVI SUIItMrr RECORDED IN OR BOOK 1896 PAGES 1208 - 1219 ~-ACClWrAi~2 OF CAI~IXo21 ClgICI: FOR LANDSCAPING FOR 8111 DZVIr, OPMBIT IO, 93-82, **LEO*S SODa PL&T OF "DOVi POINTS" - WIT!! 8TIPTTL&Ti ONS AS DrfAXLKD IN iJZMB~tlillfdt COkm~sasd(,.slOIl AGREXNINT WITH r3JWeOOD LAKIS I)~PM~ V:.' clliseelTIII ~ ACCSS8 De!OVINt)rfil COaCuKa!DITLY WITI WJI, DZO It0M) FOTT!t ~ - Ilrrl ITIPUTATION2 IJ DrfAXLZD IN TIIZ IZICUTIVI ~ :~maa~v,,.ZOI OF I:IVISSD C~3li.uwJ. Tr CA/V/FOR ~ ZLDZXLY (COl) GIUIR MITCIf See Pages Item lllll - Deleted · l1313erL'. ilIIBIIIT FOR BXD t0O-202&, MASTER Lxrr STATXON DXSC:Ol~lZt~r8 AID ?ATIIIT O1' M 131PACT TEZS/OR STKNARD G. BAI/LY, P&TRZClrA JUID ITJUIK BRADlIB, ~ IT71'LD, JOKII JLRD (i~IZ'VZgVE LEFI'OVZCH, AID rr-'rZABBTH See Fages 7,5'- 79 - IIOTIC~ Olr IPIKMISl TO PAY AMD AGRIIMZ3~ TO !1TBXD PAYMINT 01 ? XMP~ ~ ~ JOHN I. AID NEVADA L, GORDY .:.:~ olr rRf:lazl TO PAY AID AGRKIMIIT TO IITKXD PAYMl3rr OF SEWER . ~(]MPJI~r ~/OR artliaR T,, WCX)IP/ cc/a~lb-xa~ ~ up me,ila,.gAZBlS, ZIC. AT TIll COUITY LANDFILF, ?~. xnor,~.=m ra--4N, ~rrLw, zsa*nm a mmnL~ mxA~a~T nc~w A~X~T FOR ~ k~ua~IOl& OF ,122UR:INII DISZONATID ~ FOR LANDFXLL CLO2URI AND LOII8-',.__'I CLRI OF COr, T, ZXR COI~TY LANDIll, r- ACTXVZTZIS FOR ZIITJLt, Z,&TZOII OF II It_,ICr'I'RZCJLt,, 811firZCI t. Zlrl ~1' ~ g~X~vl:!l&'l'l"~l, 1"1C. tO PRO~ZDI I:T.,ICTRZC,U., ~ tO 'fill ~ ~CI! ~ JLWD AUTI!ORZZ&TZ011 FOR PATMII~ 50 Page 30 November 2, 1993 RXIiXIZLtIIOq~ COA.'t. kSPOnuXNCX - FILIDAID/0RRIF/RR/D The following miscellaneous correspondence was filed and/or referred as presented by the Board of County Commissioners: Page 31 November 2, 1993 '::' IIo. :X87 ,.Ires TAITGXBLS FSRSONJkL FROP~ltTY ~g89 Dated 10/14/93 OAZIITIi~FOR I]IXITI ITO~8. 79456, 18580, 80488, 61070, 56467, r3272, ~2743AlD 62090 92-497 IrE IATZSFACTION OF LXI:]I FOR ACCOTTIIT NO. 017708 FOR '~TI[I ZegX 80LXDW&2Ti COLLXCTXON AND DISPOSAL SIRVICI8 8PICXAL &IialISII!STLXD TNAT IlkS PLACE AGAI:ilST PXOPI3RTY IN !]~OR See Pages /~ .~ - In/~ Ztem#:6L2 93-490 IST~XSHI~ A ~ ~LX~ C~C~lX6 ~ T~S AC~X~ ~ C0~ID C0~ ~0~ ~T~ C~ATXOM November 2, J993 There being no further business for the Good of the County, the :.:'meet~ngwas adjourned by Order of the Chair - T~me: 3:05 P.M. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL RT2~L.S<UNDKRaN~~,C HA I RMAN by the Board on or as corrected Page 33