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BCC Minutes 10/11/1994 R Naples, Florida, October 11, 1994 LET IT BE REMEMBERED, that the Board of County Commissioners in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special districts as have been created according to law and having conducted business herein, met on this date at 9:00 A.M. in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Timothy J. Constantine VICE-CHAIRMAN: Betrye J. Matthews John C. Norris Michael J. Volpe Burr L. Saunders ALSO PRESENT: Sue Barbirettt, Martlyn Fernley and Ellle Hoffman, Deputy Clerks; Nell Dotrill, County Manager; Bill Hargett, Assistant County Manager; David Wetgel, Ramiro Manallch and Marjorie Student, Assistant County Attorneys; George Archibald, Transportation Services Administrator; Tom Olliff, Public Services Administrator; Mike Smykowskl, Acting Budget Director; Stan Litsinger, Growth Management Director; Dick Clark, Community Development Administrator: John Drury, Airport Authority Executive Director; Kathy Hankins, Finance Director; Tom Whitecotton, Human Resources Director; Tom Bartoe, Code Enforcement Supervisor; Barbara Cacchtone, Bryan MIlk and Fred Retschl, Planners: 3elf Perry, MPO Coordinator; Deputy Joe Wtlllams and Deputy Dennis Perry, Collier County Sheriff's Office; and Sue Fllson, Administrative Assistant to the Board. Page October 11, 1994 Tape el (25o) IteR #2 AGENDA - APPROVED WITH CHANGES Commissioner Norris moved, seconded by Commissioner Matthews and carried unanimously, to approve the agenda with the changes as detailed on the Agenda Change Sheet, and the following additional iteM: 1. 2. Item #8H3 - will remain on the agenda. County Manager Dotrill announced that there will be one Public Comment. Add BCC Communications - Solid Waste Workshop clarification Add BCC Communications - Glades Utilities discussion Item #16H3 - will be moved to Item #8H8. .o, [;CO?,,.! Page 2 October 11, 1994 (250) Item #2A CONSENT AGENDA - APPROVED AND/OR ADOPTED WITH CHANGES The motion for approval of the consent agenda is noted under Item #16. (280) Item #4A PROCLAMATION DESIGNATING THE MONTH OF OCTOBER, 1994, AS NATIONAL DOMESTIC VIOLENCE AWARENESS MONTH, 1994 - ADOPTED Upon reading of the Proclamation, Commissioner Saunders moved, seconded by Commissioner Norris and carried unanimously, that the Proclamation des~nating the month of October, 1994, as National Domestic Violence Awareness Month, 1994. The Honorable Brenda C. Wilson, William C. Dearborn, Esq., Assistant State Attorney, Captain Gene Brown, Joyce Bottle, Beth Knake, Cathy Herman, Ron Stetler, Thomas Unsworth, Sergeant Timothy C. Pratt, and Vickie C. Vaughn accepted the Proc)amation. The Honorable Brenda C. Wilson and Mr. Wi)lfam C. Dearborn thanked the Board of County Commissioners for the proclamation. Page 3 October 11, 1994 (454) Item #4B ~eLOYEE SERVICE AWARDS - PRESENTED Commissioner Constantine congratulated the following employees for service with Collier County Government: Martha Skinner - 25 Years, Social Services W. Nell Dotrill 15 Years, County Administration Enrique Salas - 15 Years, Road and Bridge John D'Amico - 10 Years, Facilities Management Rosemary Ochoa - 5 Years, Code Enforcement (748) Item #4C Presented Presented Presented Presented Presented PROCLAMATION DESIGNATING FRIDAY, OCTOBER 14, 1994, AS WNOG DAY IN COLLIER COUNTY - ADOPTED Upon reading of the Proclamation, Commissioner Constantine moved, seconded by Commissioner Norris and carried unanimous/y, that the Proclamation designating Friday, October 14, 1994, as WNOG Day in Collier County be adopted. Carl Loveday and Jim Keatlng accepted the Proclamation. Mr. Keating, General Manager, thanked the Board of County Commissioners for the proclamation. He invited the Board members to attend the WNOG 40th year ce]ebratlon on Thursday, October 13, 1994, 8:00 p.m. at the Philharmonic Center for Performing Arts. Page 4 October 11, 1994 (939) Item #8E7 AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND COLLIER COUNTY EXPOSITION, INC. RE THE COST OF A POLE BARN - REQUEST APPROVED; POLE BARN APPROVED John Yonkosky, Assistant to the County Manager, stated that this item is a request for the Board of County Commissioners to provide long term financing for a large, multi-purpose facility on the fair grounds. He recalled that in 1987 the Board of County Commissioners through a PUD commitment acquired a large amount of land and created a permanent facility for the fair board. He reported that one of the major steps that the Board took was to construct a $1 million dollar Agriculture Center. He said that the fair is an annual forum for the citizens of Collier County to educate and celebrate some of the strongest elements of our culture. He stated that two years ago State Statute was changed to allow the Board of County Commissioners in each County to provide additional support to the fair in the form of money and staff support. Pam Johnson, representing the Collier County Fair Board, stated that the fair provides opportunities to the 4-H Club, FFA, FHA members and the public to display exhibits and compete as individuals. She stated that the Fair Board has long dreamed of having a facility to be used for expositions. She reported that a memorial fund for Mr. B/l] Hill was established which currently has $10,000.00 available for a permanent facility. She stated that the Immokalee Livestock Club has donated $4,240.57. She said that Mr. Steve Price, President of the First National Bank of Immokalee, is chairing the Livestock Permanent Facility fund raising committee. She reported that Mr. Joe Dubik, a Cape Coral architect, has provided the design of the foundation system for the structure for $200.00. She explained that the fair board has committed the annual $12,000.00 that it currently expends for livestock tents to be paid as principal reductions on any financ]ng. She said that the first stage of a permanent facility can be completed for approximately $98,000.00. She said that the Fair Board would ,o., C.'{;O-.! 14 Page 5 October 1~, ]994 appreciate if the Board would provide financing for a term not to exceed ten years with equal principal reductions on an annual basis plus interest. In response to Commissioner Constantine, Ms. Johnson confirmed that the Fair Board expends approximately $12,000.00 on temporary, rental tents. She stated that the money would be used to pay back the loan with interest. Commissioner Norris moved, seconded by Commissioner Saunders to approve Staff recommendation. Commissioner Matthews confirmed that the interest rate Staff is recommending is the interest the Board would have received if the money would have been kept in Reserves. Ms. Johnson remarked that there are additional funds available to repay the loan. Assistant County Attorney Wetgel stated that his office has reviewed the draft agreement. He requested that his office have the authority to make minor changes in order to comply with other County contracts. Kathy Hankins, Finance Director, stated that the Clerk's Office would like to call attention to the following items: when the County loans public funds to a private agency it is advantageous for them to know exactly what their debt service payment ]s going to be every year. She said that when you use the variable rate of the State Board of Administration it varies month to month and will be calculated on a historical basis. She said that she is unsure as to what basis the interest will be calculated at. She stated that a penalty clause should be inserted into the agreement in the event that a payment is ]ate. Commissioner Norris stated that the intent of the motion includes the authorization of the County Attorney to make minor changes to the agreement in order to comply with other County contracts, which would be executed by the Chairman once the final agreemerit ]s approved ]n legal form. Page 6 October ll, 1994 Upon call for the question, the motion carried 4/0 (Commissioner Volpe out). Commissioner Norris moved, seconded by Commissioner Saunders to approve and accept the building. Upon call for the question, the motion carried 4/0 (Commissioner Vo/pe out). (1367} Item #~ BUDGET AMENDMENTS 95-03 AND 94-715 - ADOPTED Acting Budget Director Mike Smykowski requested adoption of two (2) routine Budget Amendments as shown in the Executive Summary. Referring to BA 94-715, Commissioner Matthews stated that she assumes that the termination pay for Animal Control was the vacation and sick leave paid out when the Animal Control Director retired. In response to Commissioner Matthews, Mr. Smykowski confirmed that these payouts are budgeted but they are not funded. He said that it is shown as an unfunded liability. Commissioner Matthews remarked that funds will have to be shifted for a retirement that Staff was aware of. County Manager Dotrill said that Staff did not actually know that the retirement would occur when the budget was approved. He said that in some instances, retirement can be anticipated but in this case it could not. Commissioner Matthews commented that since the Board has begun to budget for attrition she suggested that the Board should begin budgeting for retirement as well. County Manager Dotrill stated that could be done. He suggested sharing the average annual payout for accumulated annual and sick leave. He said that he believes that it would be no more than $70,000.00. Commissioner Matthews expressed concern that as time goes on the number of people retiring wll] increase. Mr. Smykowskl agreed to provide a report today. Page 7 October 11, 1994 Commissioner Matthews moved, seconded by Commissioner Norris that Budget Amendments 95-03 and 94-715 be adopted. Upon call for the question, the motion carried 4/0 (Commissioner Volpe out). (1566) Item #8A1 ALTERNATE SECURITY FOR SOUTHAMPTON UNIT ONE, SIENNA AT SOUTHAMPTON, AND EXCAVATION PERMIT NO. 59.442, AND TO ENTER INTO A CONSTRUCTION, MAINTENANCE AND ESCROW AGREEMENT WITH THE CURRENT DEVELOPER - APPROVED County Manager Dorri]l stated that this item Js a request to accept an alternate form of security. He said this would otherwise be a consent Item on next Tuesday's agerids. He explained that this is being done now to effectuate a closing. Commissioner Saunders moved, seconded by Commissioner Matthews, to approve Staff recommendation. Upon call for the question, the motion carried 4/0 {Commissioner Volpe out). Page October 11, 1994 (1593) Item #8B2 RECORDATION OF A MAP OF CARSON ROAD IN IMMOKALEE AS A PUBLIC ROAD VESTED TO COLLIER COUNTY - APPROVED Transportation Services Administrator Archibald explained that this item is a report and recommended action on the status of right- of-way segment of Carson Road in Immokalee. He gave the location of the road. Mr. Archibald stated that the northern segment of the roadway, approximately 1,350 feet of the north/south route and approximately 2,610 feet of the east/west route, is without reservation or dedica- tion. He said that according to Florida Statute a right-of-way map can be prepared to create that assumed dedication. He sa]d that Staff with assistance from Wilson, Miller, Barton a Peek, have prepared that map. He said that Staff has confirmed the construction, operation and maintenance of the road for over 20 years. He reported that according to Statute 95.361 if the County can confirm the roadway was constructed and maintained by the County for over four years and that map is approved and recorded that would create the assumed dedication for public use. He said that the map is part of the agenda package. see At this time Commissioner Volpe Joined the meeting ms, Mr. Archibald reported that Staff is recommending that the Board approve the right-of-way map, authorize the Chairman to execute and the Clerk of Courts to record the map. In response to Commissioner Volpe, Transportation Services Administrator Archibald explained that the improvements proposed for Carson Road in the Growth Management Plan are located south of Lake Trafford Road. He said this segment is to the north. In response to Commissioner Matthews, Mr. Archibald confirmed that the actual beginning of this segment is at the intersection with Westclox Road and extends north of Westclox Road approximately 1,350 feet. He said that at that point the road turns west for approxima- tely 2,610 feet. Page 9 October 11. 1994 Commissioner Matthews moved, seconded by Commissioner Volpe to approve Staff recommendation. Upon call for the question, the motion carried unanimously. (1824) Item #8Cl REPORT FROM THE PARKS AND RECREATION ADVISORY BOARD BY JOE ZAKS - PRESENTED; STAFF TO IMPLEMENT MEETING PROCEDURES Joe Zaks, Chairman of the Parks and Recreation Advisory Board, reported that the Board currently consists of seven members: five at large members, one member dedicated for Immokalee and one member dedicated for Marco Island. He said all terms are four year terms. He stated that five major projects will be completed in 1995. He said that the Pelican Bay Community Park is currently opening and the Vineyards will open early ]n 1995. He reported that the Immokalee pool and gym, the Golden Gate Community Center expansion and the Golden Gate Estates Community Park will be completed in 1995. Mr. Zaks stated that the Board meetings are held at the various Community Parks on a monthly basis. He said that the public is welcomed at any meetings. Mr. Zaks reported that Leisure Line is another form of com- munication that has been developed and distributed through the Chamber of Commerce. He said that 60,000 copies of Leisure Llne were distributed by the Naples Daily News in the Spring of 1994 resulting in a great response to the Parks and Recreation Department regarding programs and activities. Mr. Zaks reported that the Board is currently working on gathering information for the Growth Management Plan in a fiscally responsible manner, such as suggesting the concept of regional parks instead of community parks. He said that a regional park can serve a larger com- munity while reducing lnfrastructure costs and operating costs of an equivalent number of community parks. He said that another suggestion to the Growth Management Plan is changing the definition of when a community pool should be brought on line and changed in such a manner ,oo,, flCO-,.: 2 4 Page 10 October 11, 1994 because a number of citizenry would not be reached for five to ten years. He said that in that period of time the Advisory Board would review the operation of the pools and see If any additional pools should be built. Mr. Zaks stated that the Advisory Board has been enjoying good communication with Staff. He praised Tom OilIll and Steve Brinkman for their cooperation. Commissioner Constantine expressed his gratitude to the Parks and Recreation Advisory Board. He recalled that Commissioner Saunders had stated that the Board of County Commissioners wanted to encourage public Input. He agreed with that statement. He expressed concern regarding the fact that Advisory Boards usually have only one oppor- tunity to address the Board of County Commissioners formally every four years. He requested that this be changed to a format so that the Board of County Commissloners can take advantage of all the Advisory Boards at least twice per year. Commissioner Volpe agreed that this is an excellent suggestion. He suggested that as part of the budget process a representative from the Parks and Recreation Advisory Board be present during the budget workshop presentation so that they could receive direction from the Board as to those areas representing the citizenry as opposed to Staff. Commissioner Constantine suggested creating a formal mechanism where the Board can meet with the Advisory Boards and establish a pat- tern. Commissioner Norris stated that It might be more appropriate to have a representative from the Advisory Boards report on what it ts they are working on. He said that way they can see If they have sup- port from the Board of County Commissioners. Commissioner Constantine agreed. He stated that a bl-annua] report would be helpful. County Manager Dotrill stated that Staff would develop some Ideas to share with the Board. Page 11 October 11, 1994 (2605) Item #8C2 APPROPRIATION OF 86,000.00 FROM GENERAL FUND RESERVES TO ASSIST THE COLLIER COUNTY HISTORICAL SOCIETY IN ITS EFFORTS TO COMPLETE THE FINAL EXHIBIT DEVELOPMENT PHASE OF THE GEORGE HUNTOON GALLERY AT THE COUNTY MUSEUM - APPROVED Public Services Administrator O]ltff expressed his appreciation of Mr. Zaks and the Parks and Recreation Advisory Board. Mr. Olllff stated that this item is a follow-up of an item on last week's agenda concerning the completion of the George G. Huntoon Gallery. He said that the roof was one Issue that has been graciously taken care of by the Contractor's and Building Industry Association. He said that the only remaining issue is a timing issue that requires that an exhibit casing be built for the animal collection if the County will take it. He explained that it is a timing issue because the exhibit was housed at the Coconut Grove shopping center. He said that due to a change in management it is necessary to move the collec- tion. Mr. Olltff stated that the Budget Office found that funds are available through the Museum Capital Fund which will not affect the two budgeted museum items next year. He said that rather than requesting a budget amendment from the General Fund, Staff is requesting a transfer from Fund 314, the Museum Capital Fund. In response to Commissioner Matthews, Mr. Olltff replied that Staff had thought that the $6,000.00 was dedicated to the Everglades project. He said that it is not. He explained that It is a reserve amount of funds and is not dedicated to either capital projects. John E. Reble, President of the Friends of the Museum, spoke on the subject. Commissioner Norris moved, seconded by Commissioner Matthews and carried unanimously. to approve Staff recommendation. (2851) Ztem #8C3 PURCI~SE OF TRACT 96, UNIT 4, GOLDEN GATE ESTATES, IN ORDER TO PROVIDE A MAIN ENTRANCE TO THE GOLDEN GATE ESTATES COMMUNITY PARK - STAFF DIRECTED TO PURSUE LETTER OF NO OBJECTION FROM AVATAR AND PROCEED WITH EASD~NT ACQUISITION SUBJECT TO ENVIRONMENTAL PERMITS Page October 11, 1994 Commissioner Matthews stated that she requested that this item be removed from the Consent Agenda because the program that was presented was for the Land Trust to purchase a 5.15 acre tract of land. She said that it has come to her attention that there are a few options available. She explained that there are three options available: the first is the purchase of the land. She said that If the County were to buy the five acre tract the total cost of the project would be $181,000.00. She said that the total cost of the easement is $134,000.00. She reported that the Joint traffic entrance with the school would cost $91,000.00 but there are safety issues involved. Commissioner Constantine requested that someone clarify the safety issues. Mr. Olltff stated that Staff had orlgjnally assumed that a Joint access would be preferable. He said that the School officials do not want to have the school bus traffic merging with park traffic. He said that they also indicated that the bus loop is narrow which causes them to stack buses in the entrance lane which will cause problems with traffic trying to get into the park. Mr. O/llff revealed that the Transportation Staff has indicated that a joint access would create a dangerous situation. Public Services Administrator OllJff reported that after investi- gating every available access it was determined that a separate access 300 feet away Is the best option available. He said that the easement is located on Tract 97 and the purchase property option is Tract 96. He said that Staff is partial to Tract 96 because the property is drier and an environmental assessment was done that revealed that there is less wetland issue. He said that Tract g6 would provide additional property that could be sold or held in trust fo~ governmen- tal use. He said that ]t his understanding that the Trust Fund monies could not be used to purchase an easement: they can only be used to purohase properties that they hold. He said that is why that option was not presented to the Board. Sandy Taylor, Real Property Director, pointed out that an access riCO,,.=: 27 Page October 11, 1994 easement was presented to the Committee members and was discussed by Steve Brlnkman. In response to Commissioner Constantine, Ms. Taylor stated that the Trust Fund monies could be used for this access easement as long as it is used for the park. She said that she has Just received a legal opinion from Assistant County Attorney Ashton confirming that fact. She reported that Staff does not have a Letter of No Objection from Avatar. In response to Commissioner Constantine, Mr. Olliff confirmed that bus traffic is generally prior to 7 a.m. and between 2 to 3 p.m. He said these are slow times of the day for park traffic. Commissioner Matthews confirmed that she questioned the same issue. She said after reviewing the issue she envisions the barrier as a curbing with fence. She stated that she feels this will be distracting to drivers. She said that she believes that acquiring the access easement will be less expensive. She said that she does not see the benefit of buying five acres of land when only 75 feet are necessary. Commissioner Matthews moved to pursue obtaining a Letter of No Objection from Avatar and proceed with the easement purchase. Seconded by Commissioner Saunders. Mr. Olltff advised that there may be some wet/and issues on Tract 96. He said that there may be some mitigation costs. Commissioner Volpe suggested that the motion be amended to pursue the easement acquisition subject to obtaining environmental permits. Commissioner Matthews amended the motion to proceed with the ease- ment acquisition subject to obtaining environmental permits and the Letter of No Objection from Avatar. Seconded by Commissioner Saundere. Upon call for the question, the motion carried unanimously. Mr. Olltff revealed that the Transportation Staff has indicated that a Joint access would create a dangerous situation. Public Services Administrator Olllff reported that after lnvestl- Page 14 October ~1, 1994 gating every available access it was determined that a separate access 300 feet away is the best option available. He said that the easement is located on Tract 91 and the purchase property option is Tract 96. He said that Staff is partial to Tract 96 because the property is drier and an environmental assesment was done that revealed that there is less wetland issue. He said that Tract 96 would provide additional property that could be sold or held in trust for governmental use. He said that it his understanding that the Trust Fund monies could not be used to purchase an easement they can only be used to purchase proper- ties that they hold. He said that is why that option was not pre- sented to the Board. Sandy Taylor, Real Property DIrector, pointed out that an access easement was presented to the Committee members and was discussed by Steve Brinkman. In response to Commissioner Constantine, Ms. Taylor stated that the Trust Fund monies could be used for this access easement as long as it is used for the park. She said that she has Just received a legal opinion from Assistant County Attorney Ashton confirming that fact. She reported that Staff does not have a Letter of No ObJection from Avatar. In response to Commissioner Constantine, Mr. Olllff confirmed that bus traffic is generally prior to 7 a.m. and between 2 to 3 p.m. He said these are slow times of the day for park traffic. Commissioner Matthews confirmed that she questioned the same issue. She said after reviewing the issue she envisions the barrier as a curbing with fence. She stated that she feels this will be distracting to drivers. She said that she believes that acquiring the access easement will be less expensive. She said that she does not See the benefit of buying five acres of land when only 75 feet are necessary. Commissioner Matthews moved to pursue obtaining a Letter of No Objection from Avatar and proceed with the easement purchase. seconded by Commissioner Saunders. Page 15 October 11, 1994 Mr. Olllff advised that there may be some wetland Issues on Tract 96. He said that there may be some mitigation costs. Commissioner Volpe suggested that the motion be amended to pursue the easement acquisition subject to obtaining environmental permits. Commissioner Matthews amended the motion to proceed with the ease- sent acquisition subject to obtaining environmental permits and the Letter of No Ob3ectton from Avatar. seconded by Commissioner Saunders. Upon call for the question, the motion carried unanimously. $$s Recess: 10:35 AM - Reconvened: 10:55 AM At this time, Delrut7 Clerk Fernley replaced Deputy Clerk Barbtrettt (79) Item #8E1 RESOLUTION 94-725 REVISING THE CLASS SPECIFICATIONS FOR THE UTILITIES SERVICES ADMINISTRATOR AND NATURAL RESOURCES DIRECTOR CLASSIFICATION - ADOPTED Tom Whitecotton, Human Resources Director, stated that the current Board approved class specifications for the Utilities Services Administrator provides for possession of registration as a Professional Civil Engineer in the State of Florida. He explained that Staff Is recommending that possession of or the ability to obtain within six (6) months from the date of hire registration as a Professional Civil Engineer in the State of Florida be preferred and not an absolute requirement. Mr. Whitecotton indicated that Staff Is requesting a revision to the educational requirement for the Natural Resources Director which presently requires a doctoral degree in Biological Sciences. He pointed out that because it is the only County position requiring a doctoral degree, Staff recommends that the training be changed to a Master's Degree or equivalent in Biological Sciences. In response to Commissioner Constantine, Mr. Whitecotton replied that the salary range for the Natural Resources Director is $38,880 to $58,333 and the Director oversees a Staff of five (5). Commissioner Constantine pointed out that the County may be Page 16 October 11, 1994 requiring too much for the Natural Resources Director's position for the price range offered as evidenced by the low number of applications received for the position. In response to Commissioner Constantine, Mr. Whitecotton answered that 68 applications were received for the position of Utilities Services Administrator. Commissioner Constantine pointed out that clear knowledge of the work performed may be as important as administrative skills relative to the Utilities Services Administrator position and is more comfor- table lowering the educational requirements for this position than for the Natural Resources Director, County Manager Dotrill explained that the rationale behind making the requirement to become a registered Professional Civil Engineer in the State of Florida preferred and not an absolute requirement Is to enable Staff to look at a broader range of experience as the position requires someone with specific utilities background. He indicated that someone with 30 years of experience in utilities and public works may have a better working knowledge and be able to run the department better even though they are not a licensed engineer. Commissioner Constantine seated that education is great but experience is better and he would rather have someone who has per- formed the job than someone who has read about it but he still is not comfortable lowering any of the requirements for the position of Utilities Services Administrator. He indicated that since the Board has the ultimate decision in filling the position, he will support whatever the other Commissioners decide. In response to Commissioner Matthews, Mr. Whitecotton explained that only ten (10) out of the 68 applicants that applied for the posi- tion of Utilities Services Administrator met the qualification of a registered professional Civil Engineer in the State of Florida. He indicated that approximately five (5) applicants were professional engineers in other states but lacked the combination of operations and maintenance experience that would have qualified them as well. Page 17 October 11, 1994 Mr. Dorrill stated that the response of 68 applicants for the position of Utilities Services Administrator is discouraging when typically 200 to 300 are received on this type of position for the amount of advertisement the County placed in Sunday newspapers throughout the State in major cities and in professional Journals. He felt that the registration requirement may have scared some applicants off. In response to Commissioner Matthews, Mr. Whitecotton explained that the requirement to become a registered professional Civil Engineer within six (6~ months of hire will be preferred but not an absolute requirement. Commissioner Matthews questioned if the educational ]tmtt for a P.E. is only a Bache]or's Degree and if the County is actually lowering the educational level? Mr. Dotrill answered that a P.E. only needs a Bachelor's Degree but the County is not lowering the educational standards because a person can possess a four (4) year engineering degree and still not pursue obtaining a P.E. designation. Commissioner Volpe stated that the requirements for the Utilities Services Administrator calls for a Master's Degree or equivalent from an accredited university or college with major course work in engi- neering. He questioned why the necessity for a Master's Degree. Mr. Whitecotton explained that a Master's Degree or equivalent is required for the position of Utilities Services Administrator but the substitution of experience for education is allowed. He stated that currently the requirement is at least six (6) years of experience with three (3) of those years in administration and supervisory positions for an applicant with a Bache]or's Degree. Commissioner Norris stated that the important thing to remember is the County Is seeking a Utilities Services Administrator not an engineer to perform engineering work and the County would not want to eliminate a candidate who is technically qualified with proven experience and would make an excellent administrator simply because of ,oo,, r;170,,-., 32. age October 11, 1994 the absolute requirement of becoming a registered professional Civil Engineer. Mr. Dorrt]l explained that the position requires a working knowledge of public works and engineering issues such as utility treatment processes, distribution and collection activities. Herb Savage spoke on this item. Mr. Dorrill summarized by saying he would like the opportunity to consider as many people as possible gtvtng equal credit for combined experience and education without reducing the standards ef the positions. He reiterated that the Board will have to confirm the selected individuals for the positions. Commissioner Volpe pointed out that by eliminating the require- ment of possession of registration as a professlona] Civil Engineer, the County is one step further removed from the person who has the technical knowledge and expertise. Mr. Dotrill stated that the foremost roll is to find someone who can manage a Utt]ity Dirtsign daily which Is a $30 million business. He explained that the person must manage money, direct and supervise employees as well as make plans and set goals although they do need to also be personally responsible for engineering decisions. Mr. Dorrill mentioned that BIll Hargett is an outstanding Assistant County Manager because he Is a good manager, delegator and leader not because he is a Civil Engineer registered ]n the States of Florida and North Carolina. He explained that should the County find an applicant who is qualified for the position as well as being a registered Civfl Engineer the County will be better for it but the primary focus is to hire someone who can provide the overall leadership necessary to run the biggest division of County government, the Utilities DIvision. Mr. Dorrlll stated that the County is very restrained by requiring applicants to possess a Ph.D in biology and the issues within the Natural Resources Department today are broader than Just biological issues. He Indicated that he wants the best person for the October ll, 1994 job not Just a person with a Master's Degree In Biological Sciences. In response to Commissioner Matthews, Mr. Dotrill confirmed that the Board does not have the final approval for the position of Natural Resources Director. He explained that the decision for the position will be presented to him by Bill Lorenz, Environmental Services Administrator. Commissioner Constantine indicated that the $38,000 offered for a Master's Degree position is limiting but feels that the position does not warrant raising the minimum wage level. The County may have better luck recruiting someone with a lesser degree but performing as well or better than a person with a Master's Degree at the bottom of the ranks who cannot secure employment for more than $38,000. Mr. Dotrill agreed that someone with a particular working knowledge of Florida coastal and wet]and related habitat experience is of interest to him. Commissioner Constantine suggested that the search for a Natural Resources Director not be limited to Just Florida but to advertise in the southeast and possibly nationwide might be in the best Interest of the County. Comlsstoner Norris moved, seconded by Commissioner Volpe that the class specifications for the Utilities Services ldstnistrator and Natural Resources Director classifications be revised per Staff's recoasendattons. Commissioner Constantine stated that he will support the motion but urged Mr. Dotrill to look for the best education the County can find as part of the entire qualifications. Commissioner Saunders questioned if someone without a degree at all would qualify for a position if the requirement reads "Master's Degree of equivalent?" Mr. Dotrill indicated that his understanding Js that the people who pursue a vocation in biology all have post graduate work. Commissioner Saunders stated that someone in the Utilities Division could be hired as the Utilities Services Administrator even Page 20 October 11, 1994 if they could not or would not pursue obtaining a P.E. designation by making the requirement preferred rather than mandatory. He questioned what the minimum qualification would be for the Administrator if the class specifications are revised? Mr. Dotrill explained that all division administrator positions require a Master's Degree or equivalent except for Transportation because Statutes require that a licensed engineer. Commissioner Saunders questioned if someone without a college degree could qualify for the position of Utilities Services Administrator? Mr. Dotrill stated that a person without a degree would be con- sidered minimally qualified and would need at least 12 years of senior managerial experience but the County is hiring people with Master's Degrees. Commissioner Saunders suggested that the language read that a college degree is required but that the equivalent of a Master's Degree is preferred or he cannot support the motion because the requirements are being lowered too much. Commissioner Norris indicated that he does not feel that the language needs changing because someone without a degree has a very slim chance of securing an administrators position. Commissioner Constantine pointed out that someone without a college degree could have 30 or 40 years experience operating a utili- ties department for a major metropolitan area and would be more qualified than a degreed applicant. Commissioner Volpe withdrew his second. Commissioner Vo]pe stated that a minimum educational requirement of a degree from an accredited college or university should be included. Commissioner Norris' motion died due to the lack of a second. Mr. Whitecotton mentioned that all applications received for the Utilities Services Administrator position included at least a Bachelor's Degree is not higher. He indicated that two (2) applicants Page 23 Cctober 11, 1994 for the Natural Resources Director position only have Master's Degrees but have the supervisor and administrative experience necessary. Commissioner Matthews moved, seconded by Commissioner Saunders, that the class specifications for the Utilities Services Administrator and Natural Resources Director classifications not be revised. In response to Commissioner Norris, Mr. Whitecotton explained that six (6) years ago legal counsel advised to include equtvalency standards on all positions for E.E.O. discrimination purposes. Commissioner Norris stated that he does not understand the objec- tion to including equivalency standards if they already exist. Upon call for the question, the motion failed 2/3 (Commissioners Constantine, Norris and Volpe opposed). Commissioner Volpe moved, seconded by Commissioner Constantine, and carried 3/2 (Commissioners Saunders and Matthews opposed) to revise the class specifications for the Utilities Services Administrator and Natural Resources Director classifications as pro- posed by Staff but that an educational minimum of an undergraduate degree from an accredited college or university be required, thereby adopting Resolution 94-725. Page 22 October 11, 1994 (1346) Item #8H1 LEASE AGREEMENT BETWEEN COLLIER COUNTY AIRPORT AUTHORITY AND AIRWORK ENTERPRISES FOR THE PURPOSE OF CONDUCTING COMMERCIAL AERONAUTICAL ACTIVITIES AT IMMOKALEE REGIONAL AIRPORT - APPROVED John Drury, Airport Authority Executive Director, stated that a lease agreement has been negotiated with an existing tenant at the Immokalee Airport, Airwork Enterprises, who has been at the airport 15 years performing crop dusting services. He indicated that the ser- vices have been expanded to include aircraft maintenance, fire fighting, glider operations, aircraft sales and restorations. Mr. Drury explained that the lease is for ten (10) years for a total annual rent of $2,800. Mr. Drury stated that Airwork Enterprises currently sells fuel at the airport but the Airport Authority will be invoking the exclusive rights provisions of the Federal Avtatlon Act of 1958 which will give the Authority exclusive right to sell fuel, to maintain revenues to allow for less of a tax subsidy from the taxpayers of Collier County. He explained that the proposed program Includes installation of a fuel farm to be operated by the Authority but in the interim, Airwork Enterprises will be allowed to continue the sale of fuel. Mr. Drury mentioned that Airwork Enterprises will cease the sale of fuel to others for compensation upon completion of the Authorlty's fuel farm but may fuel his own aircraft. Mr. Drury stated that the first lease agreement Is for the land and to conduct commercial operations and the second Is an agreement for operation of the existing fuel farm. In response to Commissioner Volpe, Mr. Drury explained that Airwork Enterprises wi]] be prohibited from se]]tng fuel to other upon completion of the County owned fuel farm and Indicated that the reason the Marco Island Airport ts self sufficient is because it has the exclusive rights to sell fuel which generates revenues of $500,000. Commissioner Vo]pe stated he would prefer Airwork Enterprises cease operations when the AIrport Authority establishes a fuel farm. Page 23 October ll, 1994 Mr. Drury pointed out that a Federal law exists which prohibits the Authority from disallowing someone at a publicly funded airport from fueling their own aircraft as long as the guidelines are followed, i.e. proper insurances, fire extinguisher, etc. Mr. Drury mentioned that the Authority hopes to keep fuel rates low enough that Airwork Enterprises will find it to be to his best business interest to purchase fuel from the Authority. Commissioner Volpe questioned if the ]ease agreement includes a provision relative to indemnification for violations of environmental laws? Dave Weigel, Assistant County Attorney, indicated that a standard indemnification which covers all losses is included in the lease agreement. Mr. Drury pointed out that on Page 8 a Consumer Price Index (CPI) increase ts provided for in the lease agreement but the space is left blank at this time because the September figures are not available yet but will be inserted when issued on October 15, 1994. He indicated that on Page 26 the date of the original agreement needs to be inserted and Exhibit B to the lease agreement is the CPI worksheet which needs the September figures inserted by which all future annual CPI increased will be calculated. Commissioner Norris moved, seconded by Commissioner Matthews and carried unanimously, that the lease agreement between Collier County Airport Authority and Airwork Enterprises for the purpose of con- ducting commercial aeronautical activities at Immokalee Regional Airport be approved. ,t7 Page 24 October 11, 1994 (16V2) Item #8~2 LEASE AGREEMENT FOR OPERATION OF FUEL FARM BETWEEN COLLIER COUNTY AIRPORT AUTHORITY AND AIRWORK ENTERPRISES AT THE IMMOKALEE REGIONAL AIRPORT - APPROVED Discussion on this item was heard under Item ~8H1. See comments above. Commissioner Norris moved, seconded by Commissioner Saunders that the lease agreement for operation of a fuel farm between Collier County Airport Authority and Airwork Enterprises at the Immokalee Regional Airport be approved. In response to Commissioner Matthews, Mr. Drury informed that the language in the lease agreement states that at such time as the Airport Authority provides fuel to the public at the airport, Airwork Enterprises will cease the sale of fuel to others. In response to Commissioner Vo]pe, Mr. Drury indicated that the first agreement is a lease for land and a license to conduct commer- cial aeronautical activities which consists of five (5) specific activities, one being the sale of fuel. He explained that the reason there are two (2) lease agreements before the Board today rather than combining both is that Airwork Enterprises has a right to operate a fuel farm but he must enter into an agreement and the ]and lease allows him to sell fuel for a limited period of time but the fuel farm operating agreement gives him the right to operate same. Upon call for the question, the motion carried unanimously. Page 25 October 11, 1994 (lsss) I~em #8H3 ADDITIONAL FUNDS FOR CONTRACT BID #94-2149, COLLIER COUNTY LANDFILL CLOSURE CONTRACT, CHANGE ORDER NO. 3 (FINAL) IN THE AMOUNT OF $298,257.20 FOR A TOTAL NEGOTIATED LUMP SUM CONTRACT AMOUNT OF 82,694,229.95 - APPROVED Tom Conrecode, Office of Capital Projects Management Director, stated that Change Order No. 3 is the final change order to the land- fill closure contract which was awarded to ERC General Contracting Services, Inc. in March 1994. He explained that the bid provided the lowest possible bid price for the proposed closures by providing unit pricing for all bid items, subject to variations jn site conditions and field investigations/reviews by the permitting agencies from which Change Order No. 3 resulted. Mr. Conrecode indicated that this approach to the project guaranteed the lowest initial price and afforded the Board and the engineer the greatest control over the pro- Ject. Mr. Conrecode stated that the Florida Administrative Code requires timely closure of landfill cells and although this cell was completed in the mid 1980's, the closure was not completed until 1994. He informed the Board that one condition of the closure required under the Florida Administrative Code and FDEP permits was a 12 inch sot1 cover over the solid waste but due to the long term exposure from mid 1980's to present, settlement, erosion and other similar conditions have resulted in the need for additional soil. Mr. Conrecode indicated that coverage materlal over the site was anticipated at 11 inches but a FDEP field walk indicated an additional seven inches (?") was required at an additional cost of $298,257.20 to complete the project. Commiss]oner Matthews questioned if this Issue will affect the County's efforts to optlmize or prlvatlze the landfills? Mr. Conrecode indicated that the Issue will have no affect on the prlvattzation efforts for the landfills as construction was underway on the closure. Page 26 October 11, 1994 County Manager Dorrlll stated that he was concerned with the increased costs initially but after review feels that Staff bid the projects in an appropriate manner in order to guarantee the lowest ultimate cost. He pointed out that acceptable materials from other County operations were utilized for the buffer cover that is necessary before the final layer which Js then covered with sod. Commissioner Norris moved, seconded by Commissioner Matthews and carried unanimously, that Change Order No. 3 for additional funds for Contract Bid #94-2149, Collier County Landfill Closure Contract, be approved. (2071) Item #8H4 DISCUSSION REGARDING THE CONTRACTOR'S LICENSING BOARD AND THE CODE ENFORCEMENT BOARD IN RESPONSE TO A PUBLIC PETITION BY THOMAS INGRAM Bill Hargett, Assistant County Manager, stated that Thomas Ingram appeared before the Board of County Commissioners under Public Petitions on July 19, 1994 relative to problems associated with the replacement of his pool enclosure. Mr. Hargett explained that the Board directed the County Attorney and County Manager to review the complaint, make inquiries and report back to the Board. Mr. Hargett stated that on September 2, 1991, Mr. Ingram contracted with Nassau Pools Construction Company to replace his damaged pool cage for the price of $7,282. He indicated that the pool cage was replaced and passed code inspection but Mr. Ingram was dissa- tisfied with the work and filed complaints with various agencies. Mr. Hargett informed that a number of inspections revealed poor work- manship by Nassau Pools but no code violations existed and in July of 1993 the case was heard by the Contractors' Licensing Board; the case was dismissed by same on September 22, 1993 after Nassau Pools replaced the poo] cage at the direction of the Contractors' LIcensing Board. Mr. Hargett stated that when Mr. Ingram appeared before the Board on July 19, 3994 he expressed his concern with the entire matter and his dissatisfaction with actions by Staff and the Page 27 October 1~, 1994 Contractors' Licensing Board and requested that the following actions/restitution be made by the County: Reopen the complaint against the contractor and this time objectively and in an unbiased manner review the poor work- manship on his pool enclosure and treat the contractor accordingly; Admonish the members of Staff who were derelict in their duties by failing to provide the best possible service in the handling of a cittzen's complaint; 3. Reimburse the $1,150.92 in expenses incurred by him to prove poor workmanship by the contractor; and , Take the necessary steps to eliminate the "good old boy" attitude of protection for the contractors by the Code Enforcement Office and appointed boards. Mr. Ingram feels that assignment of members to boards and advisory groups who are not prejudiced in the evaluation of complaints before boards will provide an atmosphere of fairness and protection for the citizens of Collier County. Commissioner Constantine questioned if the contractor corrected the error, what legal authority does the Board have with the Contractors' Licensing Board? Ramiro Manalich, Assistant County Attorney, stated that he would have to inquire of Staff what the disposition of the complaint was as this complaint appears to have been disposed of in the normal manner. Mr. Hargett presented the following findings to the Board: The poor workmanship on Mr. Ingram's pool cage was substan- tiated in reports by J.D. Alien, Aluminum Specialties, Anchor Aluminum, Homebuyers Inspection Service and Collier County Pool and Spa Association. No code violations were noted. Mr. Ingram's pool cage was ultimately replaced by Nassau Pools and the poor workmanship issue on the original pool cage has been corrected. Mr. Ingram's complaint against Nassau Pools was heard by the Contractors' Licensing Board and was dismissed after Nassau Pools replaced the pool cage. Mr. ingram apparently seeks sanctions (beyond replacement of the pool cage) against the contractcr and has filed complaints with the Better Business Bureau and the Department of Professional Regulation. Nassau Pools' poor workmanship has been substantiated. There appears no need to reopen the case for this purpose. No evidence was presented that Staff was derelict in their duties. Staff records indicate Jn excess of 100 hours investigating and processing Mr. Ingram's complaint and nego- tiating with Nassau Pools. Staff's responsibilities for "workmanship" or "aesthetics" as compared to "code enfor- cement" may be misunderstood. The assertJorl that Mr. Nonnenmacher mdde false and misleading statements in reports to the County Manager, the County and the Department of Professional Regulation could not be substantiated. County taxpayers are not liable and should not pay for the damages asserted by Mr. Ingram as the cost to prove poor workmanship. Mr. Ingram's claim against Nassau Pools should Page 28 October 11, 1994 be handled as a civil matter and should be directed to the appropriate forum by Mr. ingram. 4. No evidence was presented indicating that the Code Enforcement Office or the County's appointed Boards operate under the "good old boy" attitude for the protection of contractors. No evidence was presented indicating that any member of any Board was prejudiced in the evaluation of complaints. The Contractors' Licensing Board heard 15 cases during the last year: two (2) complaints were withdrawn; two (2) were continued; eight (S) were dismissed: and three (3) contractors were disciplined (one [1] reprimanded, one [1] reprimanded and $1,700 restitution; one [1] revocation of permit privileges). No known complaints about the cases or the Contractors' Licensing Board was brought to the Board of County Commissioners. Mr. Hargett mentioned that the County Attorney urges caution relative to the Staff and the Board of County Commissioners attempting to mitigate and/or work out deals between contractors and complain- tants. He explained that this case appears that the conflict could be resolved and that Staff proceeded to resolve same but apparently not to Mr. Ingram's satisfaction. In response to Commissioner Volpe, Mr. Hargett indicated that he spent approximately 30 hours reviewing and investigating 46 letters, documents and reports relative to Mr. Ingram's complaint. Commissioner Constantine stated that since the problem with the structure has been solved, there is nothing in the Board's Jurisdic- tion to rehear at this time. He explained that comments on Staff are not taken lightly and specific incidences are necessary before criti- cizing anyone because of the number of hours expended Jn investigating the complaint. Commissioner Constantine pointed out that the issue regarding reimbursement is a Civil Court matter; however, if the mem- bers of a Board are not performing their duties properly, the Board of County Commissioners is the correct forum since the members are appointed by this Board but specific allegations must be presented. Mr. Ingram [~olnt~d ,>ut that In the rebutt. a] he prepared to Mr. Hargett's report (copy not supplied to the C]erk's Office) he referred to two (2) situations where Contractors' Licensing Board members expressed the opinion that the contractor was professional in the work performed before the evidence was heard and he was told that if he did boo, f'ir..fi.,,,-., I[ 2 Page 29 October 11, 1994 not allow the contractor to return for the third time to correct the problem, the Board would throw the complaint out. He stated that to him that is prejudice. Mr. Ingram indicated that he agreed to allow the contractor to return if he followed a guideline that was established by a genera] contractor which listed 11 deficiencies. He explained that after the July 1993 meeting of the Contractors' Licensing Board, the contractor returned but recognized that he could not correct the deficiencies without tearing down the entire structure and starting over. Mr. Ingram stated that at the August 1993 meeting, the contractor told the Board that he had kicked his employees off the job but later retracted the statement when his attorney made an objection. Mr. Ingram stated that Dick Clark, Interim Community Development Services Administrator, requested that the contractor be allowed 60 days to correct the problem but his attorney objected and requested that the work be completed in 30 days. He ]nd]cated that at this time, the contractor returned and completely reworked the structure. Mr. Ingram stated that a water leak exists presently but the contractor will not return to repair or replace the defective fascia. Commissioner Vo]pe questioned if Mr. Ingram had considered filing another complaint with the Contractors' Licensing Board relative to the defective fascia and water leak problem? Mr. Ingram informed that he sent a registered letter in September 1994 to the contractor requesting that he contact him to correct the problem but he has not responded and civil action may be required if a response is not forthcoming or he will file another complaint with the Contractors' Licensing Board but that action would be subject to the approval of the Code Enforcement Director. Mr. Dotrill indicated that he is not sure that Mr. Ingram's sta- tement regard]ng a complaint going before the Contractors' LIcensing Board having to be approvec] by the Code Enforcement Director is correct because ther~ have been lnstaz~ces when cases have been referred directly to the Board. He stated that a member of Staff 103 Page 30 October 11, 1994 cannot prevent or block a complaint from reaching the appropriate advisory board. Mr. Clark explained that a provision exists in the contractor licensing ordinance that the complaint must be investigated and some basis found for the complaint, He stated that Mr. Nonnenmacher informed him that he has no knowledge regarding the water leak problem. Mr. Ingram stated that Mr. Stick has a copy of the correspondence sent to the contractor and has personally discussed the leak with him. Commissioner Constantine questioned whether Mr. Ingram has filed a complaint with the County regarding the water leak? Mr. Ingram replied negatively but informed that he provided a copy of the letter to Mr. Stick. Commissioner Constantine pointed out that he must file a complaint before the County can respond to the issue. Mr. Ingram explained that he has consulted three (3) attorneys regarding civil action and all told him it would cost him more in court fees to pursue the matter than it cost for the enclosure. Commissioner Saunders pointed out that the problem is Mr, Ingram has a satisfactory enclosure with a leak problem that can be repaired which is probably what a judge would tell him if he took the case to court. Mr. Ingram stated that review of the qualification criteria for Board members was a concern but was answered by members of the Board of County Commissioners by referencing Resolution 94-136. He commented that the County did a tremendous job in upgrading the resolution to eliminate the recommendation of appointees to Boards by the Board members and by Staff. Mr. Ingram Indicated that he has received conflicting reports on what the procedure is for selection of the Community Development Services Administrator with the latest report stating that the proce- dure was not changed and that Mr. Clark continues to serve in an acting capacity and the County Manager in the near future will make a 00, riCO,,.., Page October 11, ]994 choice to fill the position on a permanent basis. Mr. Dotrill stated that the latest report as quoted by Mr. Ingram is correct but he is not sure what it has to do with pool enclosures on Marco Island. Mr. Ingram mentioned that another concern he has is establishing County single family home inspection standards to protect homeowners similar to the American Society of Home Inspectors standards. He questioned whether the single family home inspectors in Collier County are engineers enough to determine seven (7) pounds per square foot for roofs or 13 pounds per square foot for screen walls which are the standards set in Collier County. Mr. Ingram informed that Lee County has adopted a more realistic system and recommended that Collier County check into how Lee County Inspectors perform their inspections. Mr. Ingram stated that the major contention of County government seems to be that he received a new pool enclosure which is not what he requested from the Contractors' Licensing Board or Staff but wanted appropriate action taken against the contractor for not supervising the work, making changes to the work plans, abandoning the Job and for causing financial harm to him. Commissioner Vo]pe questioned that the disposition of the complaint was filed with the Department of Professional Regulation? Mr. Ingram informed that the Department of Professional Regulation will not take action on the matter unless the County takes action and would support the County recommendation. Commissioner Saunders pointed out that Mr. Ingram is concerned about protecting others from having to experience his unfortunate dealings with the contractor and if a contractor performs poorly more than once and gets away with it then a real problem is created. He ]lldJcate,] tllat th,t [,r¢,<:-dura] problem the Board has with tills case Is that the Advisory Board has dismissed the matter even though the contractor should have been reprimanded for his shoddy work. Commissioner Constantine suggested that Mr. Ingram file another complaint with the Contractors' Licensing Board regarding the water Page 32 October 11, 1994 leak and seek reimbursement for his expenses through the courts. Tape #3 (04) Item #8H5 WO1LK ORDER I-AIP-94-1 WITH DUFRESNE HENRY, INC. (THE AIRPORT ENGINEERING FIRM) IN THE AMOUNT OF $90,519 FOR THE DESIGN, ENGINEERING AND PROJECT MANAGEMENT OF THE IMMOKALEE REGIONAL AIRPORT ACCESS ROAD - APPROVED John Drury, Airport Authority Executive Director, stated that Executive Work Orders I-AIP-94-I and I-AIP-94-2 are for the access road and access road utilities, respectively, for the Immokalee Regional Airport. Mr. Drury explained that the total project cost ]s estimated to be $1,168,600 and 50 percent or $584,300 is obtained through an EDA grant but in order to obtain the grant, a matching amount must be obtained. He indicated that four (4) components make up the matching amount and include $70,770 from the immokalee Water and Sewer District as rent, a $357,896 FDOT grant, $115,868 Immoka]ee Water and Sewer District improvements and $39,765 County match. Mr. Drury stated that the 1984 40 year lease for the Immokalee Water and Sewer District provided for the ]essee of $90,000 worth of water and sewer improvements to the industrial park. He indicated that the Immokalee Water and Sewer District wtll loop a 12 inch water line that will connect existing eight inch (8") and ten inch (10") water lines and the work will be used as a credit toward the EDA grant. Mr. Drury explained that the necessary fire protection pressure needs for future businesses and uninterrupted service will also be provided by the work. Mr. Drury pointed out that the County will pay $39,766 to secure a 97 percent grant to complete the work. Mr. Drury stated that Work Order I-AIP-94-1 consists of a total project cost of $397,662 for the immokalee Regiona] Airport Access Road of which the services of Dufresne Henry, Inc. have been retained to engineering, design and provtde project management at a fee of Page 33 October ll, 1994 $90,519. He pointed out that 90 percent of the engineering fee, or $81,467, is covered by an FDOT prequalffied airport grant and the County's ten percent (10%) or $9,052 has been budgeted. Mr. Drury indicated that the Work Order has been reviewed and approved by the FDOT, the County Attorney's Office and the Airport Authority. In response to Commissioner Norris, Mr. Drury replied that the Airport Authority utilizes the same bid procedures as the County. Mr. Drury stated that companion Item #8H6 represents a request to increase the overall budget from $590,000 to $655,070 and to recognize an increase in revenues of $65,000 which offsets the increase in the overall budget. He explained that the FDOT grant was utilized as leverage to maxtmize the EDA grant which generated additional revenues. Mr. Drury indicated that Work Order I-AIP-94-2 with Dufresne Henry, Inc. is for the design, engineering and project management of the Immokalee Regional Airport utilities. He stated that the total cost is $153,301 and will be paid for through the EDA grant and the Immokalee Water and Sewer District rent. In response to Commissioner Volpe, Mr. Drury replied that the 1984 contract with the Immoka]ee Water and Sewer District required them to construct $90,000 worth of water service to the Industrial Park based on fair market value or $2,000 per year; after the construction of $90,000 work of services, the District would pay rents of $2,000 per year. Mr. Drury explained that the District has constructed approximately $18,000 worth of water service to the Industrial Park and have paid $2,000 in rent which is why the rents due are listed as $70,770 on the pie chart distributed. ComlimliOnar Norrim moved, macondad by CommJsalonar Matthews and carried unanimously, that Work Order I-AIP-94-1 with Duffsane Henry, Inc. in the amount of $90,519 for the design, engineering and project management of the Immokalee Regional Airport access road be approved. Page 34 October 11, 3994 (311) Item #8H6 WORK ORDER I-AIP-94-2 WITH DUFRESNE HENRY, INC. (THE AIRPORT ENGINEERING FIRM) IN THE AMOUNT OF $153,301 FOR THE DESIGN, EHGINEERING, AND PROJECT MANAGEMENT OF THE IMMOKALEE REGIONAL AIRPORT ACCESS ROAD UTILITIES AND AMEND AND CONSOLIDATE THE PROJECTS COVERED BY THE WORK ORDER - APPROVED Discussion on this item was heard under Item #8H5. See comments above. Commissioner Xorrls moved, seconded by Commissioner Matthews and cattried unanimously, that Work Order I-AIP-94-2 with Dufresne Henry, Inc. in the amount of $153,301 for the design, engtneerlng and project ma~ageeen~ of the Immokalee Regional Airport access road utilities and amend and consolidate the projects covered by the work order be approved. Page 35 October 11, 1994 (320) Item #8H8 REAPPROPRIATE TOURIST DEVELOPMENT TAR FUNDING FOR THE NAPLES NATIONAL GOLF CLUB, INC. FOR FISCAL YEAR 1995 - APPROVED Commissioner Constantine stated that this Item was removed from the Consent Agenda, Item #16H3, but his questions have been answered. Cos~issioner Constantine moved, seconded by Commissioner Norris and carried unanimously, that the reappropriatton of Tourist Development Tax funding for the Naples National Golf Club, Inc. in the asount of $52,500 be approved. Item t9A - Continued to meeting of October 18, 1994 (336) Item #10A RESOLUTION 9&-726 APPOINTING ALFRED ROBINSON AND ANDREA LISSETTE TO THE BLACK AFFAIRS ADVISORY BOARD - ADOPTED Administrative Assistant to the Board Filson stated that there are two (2) vacancies on the Black Affairs Advisory Board and two (2) resumes were received. She informed that she has also issued a press re]ease for three (3) additional members. Commissioner Norris moved, seconded by Commissioner Volpe and carried unanimously, that Alfred Robinson and Andrea Lieserrs be appointed to the Black Affairs Advisory Board, thereby adopting Resolution 94-726. ,oo, fT[O,;, 16(J Page 36 October 11, 1994 (346) ltea #10B RESOLUTION 94-727 APPOINTING STANLEY GOOD~skN TO THE PELICAN BAY NSTBU ADVISORY COMNITTEE - ADOPTED Commissioner Volpe moved, seconded by Commissioner Saunders and carried unanimously, that Stanley Goodman be appointed to the Pelican Bay MSTBU Advisory Committee, thereby adopting Resolution 94-727. Page 37 October 11, 1994 (354) Ztem #10C RESOLUTION 94-728 APPOINTING RAMONA MCNICHOLAS AND THOMAS CIRANNA AS ALTERNATE TO THE PRIVATIZATION PLUS TASK FORCE - ADOPTED Administrative Assistant to the Board Ftlson stated that another resignation has been received on the Pr]vatization Plus Task Force and a request has been received to select one (1) member and one (1) alternate from the six (6) resumes received. In response to Commissioner Constantine, Ms. Filson informed that the deadline for applications was approximately one (1) month ago and the last resignation was received October 4, 1994. Commissioner Constantine stated it is probably more productive to select another person at this time but it is not procedurally correct. Commissioner Matthews moved, seconded by Commissioner Volpe and carried unanimously, that Ramona McNtcholas and Thomas CJranna as an Alternate be appointed to the Prlvatlzatton Plus Task Force, thereby adoptlr~ Resolution 94-728. page 38 October 11. 1994 Item #IOD RESOLUTION 94-729 APPOINTING STEPHEN GREENBERG AND REAPPOINTING JOANN SANIT[ TO THE GOLDEN GATE ESTATES LAND TRUST ADVISORY COMMITTEE - ADOPTED Administrative Assistant to the Board Ftlson stated that the Committee is recommending the appointment of Stephen Greenberg, repre- senting Phase III, and requested that the Board of County Commissioners select the other member from the other candidates. Commissioner Constantine indicated that Joann Sandy served on the Golden Gate Estates Land Trust Advisory Committee but had to resign to run for a Fire Commission seat. Ms. Ftlson e~plained that Ms. Sandy submitted her resignation before the primary election and reapplied for appointment prior to the deadline. She stated that the County Attorney's Office clarified that at the time of appointment Ms. Sandy would not be a candidate so is qualified for reappotntment. Commissioner Constantine moved, seconded by Commissioner Norris and carried unanimously, that Stephen Greenberg be appointed and Joann Sandy be reappointed to the Golden Gate Estates Land Trust Advisory Committee, thereby adopting Resolution 94-729. Page 39 Octobe~ 11, 1994 Item #IOE DISCUSSION REGARDING COUNTY ATTORNEY'S ATTENDANCE AT ADVISORY BOARD MEETINGS - STAFF TO PROVIDE REPORT ON NUMBER OF BOARD MEETINGS ATTERDED AND HOURS SPENT Commissioner Constantine stated that approximately $100.000 a year is budgeted for County Attorney's to attend advisory board meetings. He explained that attendance at quasi-Judicial meetings may be more appropriate where immediate legal responses may be required. Commissioner Constantine pointed out that the Environmental Advisory Board (EAB) has requested attendance by an Assistant County Attorney at their meetings which is not necessary. Commissioner Volpe indicated that action has been taken to limit the actual taking of minutes at some of the advisory board meetings as well. Commissioner Constantine stated that most advisory boards can wait a month for an answer if they have a legal question. Assistant County Attorney We/gel indicated that approximately ten percent (10%) of a]] attorney's time is spent attending advisory board meetings and the County Attorney's Office can provide the Board with the number of hours spent in attendance. Administrative Assistant to the Board Filson stated that the quasi-Judicial boards have been listed in Resolution 94-136 and four (4) are listed but the Collier County Planning Commission was not listed. Commissioner Constantine requested that the County Attorney's Office provide the Board with a llst of advisory board and the number of hours spent in attendance by that office. (611) Item llOF FOUR WAY STOP SIGN AT 16th AVENUE AND 23RD AVENUE S.W. IN GOLDEN GATE - STAFF TO PRESENT RECOMMENDATIONS TO BOARD IN TWO (2) WEEKS Commissioner Constantine stated that two (2) people were killed recently at the intersection of ]6th Avenue and 23rd Avenue S.W. in .o, fifO.,'.: 117.'8 Page 40 /) October 11, 1994 Golden Gate and the intersection has had accidents in the past. He explained that the residents in the area have signed a petition requesting a four way stop be placed at the intersection and he felt that the Transportation Department may be able to study the intersec- tion and make recommendations for appropriate changes to alleviate the problem and create a safer area. Dawn Wells stated that on Saturday, October I, 1994, two (2) people lost their lives in a needless, senseless accident at the intersection of 16th Avenue and 23rd Avenue S.W. in Golden Gate Estates and the residents In the community believe that a four way stop sign is essential at this intersection in order to save other lives. She explained that over 50 elementary, middle and high school students get on and off buses at this intersection and two (2) deaths are two (2) too many. Ms. Wells explained that ehe circulated petitions throughout the community and the response and input has been overwhelming which is one (1) criteria that must be met for a request to be considered by the Board. She mentioned that a four way stop may not be the total answer to the problem but It will have the affect of slowing down traffic which is traveling too fast. Ms. Wells stated that with a change in any traffic pattern, an increase in enforcement will be required for a short period of time but the lives of parents and children are well worth the expenditure. Ms. Wells stated that driver awareness, community input and overall safety are all parts of the solution to the problem and pleaded with the Board to install a four way stop at the intersection of 16th Avenue and 23rd Avenue S.W. in Go]den Gate Estate to prevent any further deaths. Commissioner Constantine Indicated that he has driven the area and if a person is not familiar with the area, some places are dif- ficult and hard to understand where to stop, He suggested that Transportation Services Administrator Archibald and Staff study the area in depth in as short a period of time as possible to make recom- Page 41 October 11, 1994 mendattons to the Board as to the most appropriate action for the subject intersection. Commissioner Matthews stated that considerat]on should be given to other mechanisms such as speed bumps approaching a stop sign. Ms. Wells indicated that the County has conducted a study at the intersection regarding the amount of traffic and the speed of travel. She requested that ]f a four way stop sign cannot be installed, at least post signs warning people that the intersect]on is dangerous. Transportation Services Administrator Archibald indicated that a warrant study was conducted to determine if a four way stop is necessary at the intersection and one of the aspects looked at is if conditions can be made safer at the location by installing same but turning movement counts and further studies are required before making a final determination. He explained that that the speed of travel has been clocked and the traffic is traveling at 45 to 55 miles per hour so a concern is whether a four way stop is the answer from a safety standpoint. Mr. Archibald stated that Staff is investigating supplemental signage and by the end of this week, advance warning signs on 23rd Avenue S.W. are being added and a "stop ahead" sign can be added on 16th Avenue S.W. He explained that the issue of reducing speeds on the roads and installation of four way stop signs affect safety and the track record is not indicative that a four way stop sign is the safest answer. In response to Commissioner Constantine, Mr. Archibald replied that Staff can make a presentation to the Board as a regular agenda item in two (2) weeks (October 25, 1994). (950) PUBLIC C(XeqXNT ON GENERAL TOPICS - EMILY MAGGIO REGARDING GATE AT LELY BAREIeOOT B~ACH Emily Maggio, on behalf of the Bonita Shores and Little Hickory Shore Improvement Association, the PFoperty Owners of Naples Park, the Naples Park Area Association, Turnbury Association, Willoughby Acres 170 Page 42 October ll, ]994 Association, Board of Directors of the District 2 Association, Landmark Estates Association, two (2) Golden Gate Civic Associations, the Citizens Association of Bonita Beach, the Citizens Political Committee and all of the public, informed the Board that the owners' gate on Lely Beach Boulevard remains down at the guard house in deli- berate defiance of State mandates. She indicated that the guard at the guard house did not move off the road to allow her to safely pass after checklng a vehicle entering the subdivision and clearly was writing down her license plate, make and model of her vehicle after passing which is harassment. Ms. Maggio stated that the guard knows her and if he is conducting himself in this manner with her, he surely is harassing others in the same manner. Ms. Maggio pointed out that on January 26, 1993 the Board voted unanimously that visitors to the Preserve should stop and inform the guard at the guard house their destination and although the beach going public did not like the decision, they complied. She mentioned that the decislon for the gate to remain open during regular park hours is not being adhered to as mandated by the State and as directed by the Board of County Commissioners. Ms. Maggto stated that the issue of whether the guard house was placed in the permitted location still needs to be addressed also. Commissioner Constantine pointed out that the motion last week included complete compliance with the State Management Plan which requires the gates to remain up during daytime hours and requested that Staff investigate who is responsible for enforcing the require- ment. David Weigel, Assistant County Attorney, indicated that he will provide a listing of entities who have enforcement responsibilities. Commissioner Matthews stated that she discussed with Staff the possibility that the County owned park land is still part of the PUD because the PUD was never amended to exclude the Park. She explained that within the PUD documents, road ownership is inseparable to adja- cent parcels which gives the County unjdentifiab]e ownership in the 171 Page 43 October 11, 1994 road and makes the County's position stronger. County Manager Dotrill indicated that review of the building per- mit is in process and the Board will be advised upon completion. Recess 1:00 P.M. - Reconvened 2:00 P.M. at which time Delmty Clerk Hoffman replaced Deputy Clerk Fernley ,ee (12oo) Item #12A1 RESOLUTION 94-730 APPROVING THE PROPOSED 1994-1995 GROWTH MANAGEMENT PLAN AMENDMENTS FOR TRANSMITTAL TO THE DEPARTMENT OF COMMUNITY AFFAIRS - ADOPTED WITH CHANGES AND ORDINANCE 94-54 ESTABLISHING THE 1994 GROWTH MANAGEMENT PLAN CAPITAL IMPROVEMENT ELEMENT ANNUAL UPDATE AND AMENMS - ADOPTED WITH CHANGES Legal notice having been pub]tshed in the Nap]es Daily News on September 8 and 19, and October 5, 1994, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. Growth Management Chief Litsinger advised that this is the first of two public hearings to be held prior to the adoption of the 1994 Growth Management Plan Amendments. He affirmed that this is the transmtttal hearing, noting that the agreed upon amendments will be transmitted to the Department of Community Affairs for their 60 day review period after which staff will receive their objections, recom- mendations and comments. He reported that the Board will then have 45 days in which to adopt, adopt with changes, or not adopt the amend- ments. Barbara Cacchione, Chief Long Range Planner, announced that there are two changes to the Future Land Use Element. She Indicated that the first change relates to Policy 4.4. She stated that staff ls recommending that this policy be removed from the Growth Management Plan and placed into the Access Management Plan of the Land Development Code. Ms. Cacchlone stated that the next change is to the Future Land Use Map series. She expla]ned that these maps have been granted Compatibility Exceptions or have been previously rezoned. She remarked that this is in response to a Stipulated Settlement Agreement with the Department of Community Affairs. 172 Page 44 October 11, 1994 Ms. Cacchione pointed out one change to the Golden Gate Area Master Plan and referred to the map on Page 24 of the agenda packet. She revealed that the map is not very clear since the "white" parcels on each side should have been included in the original map and staff proposes to replace this map with the map shown on Page 25 which clearly identifies the lots to be included in the Golden Gate Parkway District. She reported that correspondence has been received requesting that additional land be added between the curved parcels which includes some cul-de-sac lots. There was no opposition from the Board relative to the proposed changes. Mr. Litsinger called attention to Page 27, reflecting the proposed amendments to the Capital Improvement Element (CIE). He recalled on September 15, 1994, the Collier County Planning reviewed the amend- ments and recommended the adoption of the tIE with the inclusion of two road projects: Project No. 42 - Vanderbllt Beach Road from U.S. 41 to Gulf Shore Drive: and Project No. 66 - Lake Trafford Road West of SR-29 moved Into the 5 year planning period. Mr. Litsinger pointed out that moving CIE Project No. 66 into the five year plan would add $3.5 million to the road plan but is fundable with existing revenue streams that are projected. Mr. Litsinger noted the proposed Level of Service Standard pro- posed by staff relative to roadways which relates to the Vanderbilt Beach Road project. He suggested that any pertinent discussion in this regard be held during the discussion of the Traffic Circulation Element. Mr. Litsinger stated that Page 43 reflects the Increase in the Level of Service Standard capital investment in recreational facili- ties up to $179 per capita to ref]ect the current cost. Referring to Page 84, Mr. Litsinger indicated that Project 1006, Naples Landfill to develop 300 acres has been deferred pending the discussions of the privatizatlon of the solid waste program. Commissioner Constantine affirmed that the Board of County 173 Page 45 October ll, 1994 Commissioners has no intention of expanding into the 300 acres. Mr. Litsinger stated that Parks & Recreation revenues were pre- viously shown at $12 million in ad valorem taxes, however, upon further audit it has been discovered that the projects proposed in the CIE are funded by impact fees and boattng improvement funds. He noted that those capital projects in parks associated with tax dollars this year are not CIE projects. MPO Coordinator Perry, advised that with regard to the Traffic Circulation Element, there are two new descriptions of Level of Service Standards proposed in the text: backlogged and constrained. In addition, he remarked there Is also a proposed amendment to apply the constrained category to the Vanderbllt Beach Road section west of U.S. 41. He revealed that the constrained category is also being applied to a section of the Tamtamt Trail between Airport Road and Rattlesnake Hammock Road. Mr. Perry stated that there are map changes which simply update the map series of the Traffic Circulation Element to keep It current with the Capital Improvement Schedule for the five and ten year period. In response to Commissioner Constantine, Mr. Perry advised that according to the 1993 annual average, there is a dally volume of 12,100 vehicles on Vanderbtlt Beach Road from Gulf Shore Drive to U.S. 41. Mr. Perry reported that there have been a number of improvements to the Vanderbtlt Beach Road corridor during the past few years and only small amounts of capacity have been gained. He advised that staff has attempted to develop a policy that would allow a Level of Service Standard to be established on this roadway that would not rPqu|r~ ~hP wtd.nlr~g of I|l. r'{~ndw~y. Commissioner Saunders remarked that he does not believe the Level of Service designation is incorrect for Vanderbtlt Beach Road, however, the determination of capacity may be Incorrect. He related that the only real traffic problem is in the vtctntty of the Pavilion Page 46 October 31, 1994 Shopping Center, but that has been resolved with the additional turn lane that was installed. He suggested that this roadway be reeva- luated prior to making any changes. He noted that by utilizing some creativity, there may be three or four years additional usage of that roadway before undertaking four laningo Commissioner Constantine cited that there has been the prediction of strong growth in this area for the past three or four years but the numbers have not borne that out. He stated that he does not believe there is a market increase over what was anticipated. Commissioner Norr/s voiced concurrence w]th Commissioner Saunders' and Commissioner Constantine's comments. He suggested that the County apply for a constrained roadway designat]on in addit]on to undertaking a new capacity analysis. Commissioner Volpe stated that the Board could adopt Level of Service "E" for this segment of Vanderbi]t Beach Road and gain 600 more vehicle trips per day in capacity. Commissioner Volpe suggested that the Level of Service be changed for Vanderbilt Beach Road between Gulfshore Drive and U.S. 41. Mr. Perry remarked that the recommended language applies to the "constrained" category to that roadway rather than dropping one level of service and getting 600 vehicles per day. In answer to Commissioner Norris, Mr. Perry explained that the traffic counts are taken between the two entrances to the Pavilion and this under-estimates the amount of traffic using the entire segment of the roadway. He pointed out that traffic coming from UoS. 41 into the Pavilion does not cross the counter and traffic coming from the beach area to the Pavilion does not cross the counters. He advised that the only traffic crossing the counters is traffic that is actually tra- veling from U.S. 41 all ~he way across to a point west of the Pavilion shopping center. Commissioner Constantine suggested that staff pursue the applica- tion for constrain~d status, noting that the Board does not feel there is an eminent problem with widening of the road. Page 47 October 11, 1994 Mr. Perry re~,orted if this project is removed from the ClE, the County moves into a concurrency situation. He noted that until the amendments are approved for lowering the level of service, designated as "constrained", or there is a new analysis determining that there js more capacity, the road project needs to remain in the CIE in order to maintain an acceptable condition from a concurrency standpoint. Mr. Perry suggested that the Board direct staff to transmit all the amendments, conduct a traffic analysis and that Project 42 remain in the CIE until the adoption hearing in February, 1995. Commissioner Saunders remarked that in February, the Board would have the opportunity to remove the project from the work program. Mr. Perry replied in the affirmative. Mr. Litsinger recommended that in order to maintain concurrency, that the Board direct staff to re-analyze the roadway; that Project 42 remain in the transmitted schedule of capital improvements; submit a proposed amendment for the roadway from "D" to "E"; and transmit an amendment to adopt a new level of service standard constrained faci- lity without attachin9 it to this particular roadway at this time. Commissioner Constantine announced that the Board concurs with the recommendation of staff and suggested that the new analysis be done between now and February, 1995. Commissioner Saunders pointed out that CIE Project #66 is not coilcurrency driven and questioned whether the $3.6 million could be used to provide seed money for the second Gordon River crossing to expedite that project. Commissioner Matthews remarked that the main concern on Lake Trafford Road is the segment from SR-29 to Carson Road which is a very short segment. Mr. Perry reported that the feeling of the Planning Commission is that during the development review process, they are unable to approve certain types of development in that area because of tile condition of that particular roadway and they desired that the project be moved up October 11, 1994 so that the road could be approved in order to obtain rezontng appro- vals In that area. Mr. Litsinger advfsed that the Planning Commission recommended that Project #66 be included tn the 5 year plan, however, staff is not recommending the inclusion Jn the 5 year p]an. Commissioner Constantine stated that he agrees wtth staff's recom- mendation not to tnc]ude Project #66 In the 5 year p]an. It was the consensus of the Board not to Include Project #66 tn the 5 year plan. Commissioner Constantine summarized the consensus of the Board with regard to the proposed changes as follows: Golden Gate Master Plan includes the cul-de-sacs; Vanderbtlt Beach Road rematns in the schedule; CIE Project #66 will not be moved from the 10 year plan into the 5 year plan; and library books are to be increased to 1.10. The following persons spoke tn opposition to the four lantng of Vanderbllt Beach Road: Jim Jordan Alan Bodycombs John Htckey Russ Mudge Sally Barker Other persons who did no speak but were opposed to the four laning of Vanderbtlt Beach Road are as follows: Barbara Batsman Nanct Walker Monty Lowe John McGutre Commissioner Saunders moved, seconded by Commissioner Norris and carried unanimously, that Resolution 94-730 be adopted with changes as recommended by staff and that the map reflecting the cul-de-sacs in the Golden Gate Parkway Professional Office Commercial Dtstrtct be transmitted to the Department of Community Affairs. Commissioner Matthews moved, seconded by Commissioner Norris and carried tu~antmrnlsly, that Ordinance 94-54 be adopted with challges and entered into Ordinance Book No. 68. Page 49 October 11, 1994 Recessed: 3:30 P.M. - Reconvened: 3:45 P.M. at which time Deputy Clerk Barbtrettl replaced Deputy Clerk Hoffman ,re (e8o) Item #12CI ORDINANCE PROVIDING FOR REGULATION OF STOCKPILED MATERIALS AND ABANDONED CONSTRUCTION - NO ACTION; COMMISSIONER NORRIS TO MET WITH CITIZENS AND BUILDING INDUSTRY, CBIA TO DEVELOP EDUCATIONAL PROGRAM Legal notice having been published in the Naples Daily News on Aug"dst 24, 1994, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. Tom Bartoe, Code Compliance Supervisor, stated that the Executive Summary includes the recommended changes pursuant to Board direction of September 13, 1994. He reviewed the changes. Commissioner Constantine stated that this item has been previously presented to the Board a number of times. He said that he is not sure that we are where we are supposed to be on this issue. He said that he wondered whether it would be possible to involve one of the Commissioners in an effort to develop a more viable format. Commissioner Norris stated that if there is a safety consideration that the Board can address it must be done in a practical manner with a reasonable solution. He said that he cannot support this Ordinance the way that it is written. He stated that six foot chain-link fences are totally unreasonable and impractical. Commissioner Constantine indicated that he has received correspon- dence from the building industry suggesting that an educational approach is the answer. He said that although education is part of the process that in itself does it. measures in the Ordinance. Commissioner Matthews agreed. He said that particular safety She pointed out that the berms along Airport Road at Southampton are over six feet high. She said that according to this Ordinance those berms w]]l need a fence around them. She said that the Board must be careful that it is not hin- dering the general economic situation. She stated that safety measures are very important. 342 Page 50 October 11, 1994 Commissioner maunders suggested that individuals from both sides of the issue meet with a Commissioner to establish criteria. He remarked that representatives from the building industry had suggested that they would try to develop an education program for the schools. He said that although education is not the only approach to take to resolve the problem he would like to see the Collier Building Industry Association (CBIA) develop an education program in the interim. He stated that he would like to see that done quickly because it Js edu- cation that will protect the children. Commissioner Volpe cautioned that a number of qualified people have spent as long as a year addressing this type of regulatory scheme in order to address a very unfortunate incident. He said that he is unsure as to what else can be done. Commissioner Matthews asked if the Occupational Safety and Hazard Administration (OSHA) regulations are incorporated into the Land Development Code? Mr. Bartoe confirmed that OSHA randomly investigates construction sites in Collier County. Commissioner Saunders moved that no action be taken on the Ordinance presented today, that the Chairman appoint a Commissioner to meet with interested parties and representatives of the building industry to see if there is a regulatory scheme that makes sense, which will likely Involve Investigation as to what Is being done In other communities, that the CBIA be urged to develop an educational program for the schools as quickly as possible and that the Board representative spearhead this effort on behalf of the Board of County Commissioners. Commissioner Norris asked that the motion be amended to include direction to the County Attorney t,~ po]] neighboring counties to determine what their regulations are. Commissioner Saunders agreed to amend his motion to include the 'information from the County Attorney's office. Seconded by Commissioner Matthews. The following people spoke on the subject: 343 Page 51 October 13, 1994 Michael Gornick Dave Weston Melinda Shaw Butch Weston Commissioner Constantine closed the public hearing. Commissioner Saunders commented that this is not the end of the issue. He said that the Board is attempting to resolve some of the conflicts in the Ordinance. He said that two things will happen as a result of this meeting; an educational program for the schools and a Board member will be meeting with the building industry in an effort to develop a resolution to the conflicts. Upon call for the question, the motion carried unanimously. Commissioner Constantine appointed Commissioner Norris as the Board representative. (1957) Item #12C2 ORDINANCE 94-55 REPEALING ORDINANCE 88-66 W~ICH ESTABLISHED THE COLLIER cou]rrY POCKET OF POVERTY REVIEW COMMITTEE - ADOPTED Legal notice having been published in the Naples Daily News on September 22, 1994, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. Greg Mihalic, Affordable Housing Director, requested that the Board repeal Ordinance 88-66 which created the Collier County Pocket of Poverty Review Committee. Commissioner Constantine closed the public hearing. Com--imaloner Saunders moved, seconded by Commissioner Norris and carried unanimoumly, to adopt an Ordinance repealing Ordinance 88-66 which established the Collier County Pocket of Poverty Review Committee, thereby adopting Ordinance 94-55, as recorded in Ordinance "'Book #68. (1996) 'Item #12C3 RESOLUTION 94-731 RE PETITION CCSL-94-14, BRETT D. MOORE, P.E. OF HUMISTON AND MOORE ENGINEERS, REPRESENTING THE PELICAN BAY OF NAPLES FOUNI)ATION, INC., REQUESTING A COASTAL CONSTRUCTION SETBACK LINE VARIANCE TO ALLOW THE CONSTRUCTION OF DECKING FOR TWO ISOLATED OPENINGS IN AN EXISTING ELEVATED DECK STRUCTURE - ADOPTED Legal notice having been published in the Naples Daily News on September 25, 1994, as evidenced by Affidavit of Publication filed Page 52 October 11, 1994 with the Clerk, public hearing was opened. Fred Retschl, Environmental Specta]tst, stated that this petit]on is a request from the Pelican Bay of Naples Foundation, to extend wooden decking over two isolated openings in an existing deck at the South Beach facility. He said that Staff recommends approval. In response to Commiss]oner Matthews, Mr. Reischl confirmed that this action is just covering open areas In an existing boardwalk. Commissioner Constantine closed the public hearing. Co~atssloner Matthews moved, seconded by Commissioner Volpe and carried unanimously, to approve Petition CCSL-94-14, thereby adopting Resolution 94-731. Page 53 October 11, 3994 (2026) Item #13A1 RESOLUTION 94-732 RE PETITION V-94-16, WAYlIE FURFEY OF CUSTOM DOCK & REPAIR, INC., REQUESTING AN 8.5 FOOT AFTER-THE-FACT VARIANCE FROM THE REQUIRED SIDE YARD SETBACK OF 15 FEET TO 6.5 FEET - ADOPTED Legal notice having been published in the Naples Daily News on September 25, 1994, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. Planner Bryan Milk, stated that the petitioner, Wayne Furfey is requesting an 8.5 foot after the fact variance from the required side yard setback of 15 feet to 6.5 feet to allow an existing boat lift to remain on site. He explained that an anonymous comp]aint to the Collier County Code Enforcement Department provided an ]nvestlgation of this existing boat lift. He said that the records revealed a plan that was not in conformance to the existing conditions on site which means that the existing finger boat dock is actually 15 feet from the property line at the Islander Cove Condominium. He stated that the then contractor depicted a drawing which iljustrated the dock at 25 feet in the proposed boat lift facility toward the side yard property line which would provide the necessary 15 foot sideyard setback allowance. In response to Commissioner Constantine, Mr. MIlk confirmed that the drawing misled the Customer Service Agent that processed the per- mit. Commissioner Constantine asked if purposeful foul play was involved? Mr. Milk replied that was possible. He stated that when the applicant was made aware of error he contacted Wayne Furfey to repre- sent this particular case on his behalf. He stated that all the pro- perty in this area of Marco Island is zoned RMF-16. He said that approximately one year ago this same property to the north received a 7.5 foot variance for an existing boat lift and mooring pile. He recalled that approximately six months ago a variance for the Boat Club of Marco Island was approved for a 7.5 foot sideyard encroach- Page 54 October ll, 1994 ment. He said that the property to the south recently received 11 foot variance for mooring piles for four feet from the side of the property line. He said that there is no aestheti'c obscurities from this. He stated that the Collier County Planning Commission approved this petition. He said that he received two letters of opposition. He reported that Staff does not see a land related hardship, therefore cannot recommend approval, but cannot foresee any aesthetic problems. In response to Commissioner Volpe, Mr. Milk replied that Maher, Spiegal Associates, Inc. is a boat dock construction firm on Marco Island. Commissioner Volpe expressed concern regarding the suggestion that has been made as to the intentional act to try to mislead County Staff. He said that this may be a matter that should be addressed separately. He said that the justification for approving this variance is the same justification as those alluded to by Mr. Milk. Commissioner Norris agreed with the concern. He stated that the Board is obligated to investigate the situation. Commissioner Constantine remarked that if this was an issue of an after the fact variance he would share the concern. He stated that because all the neighboring properties have these variances he is comfortable with this request. In response to Commissioner Matthews, Mr. Milk explained that when this dock was almost completed Mr. Furfey requested a variance for the opposite end and that became part of the investigation. He said that once Staff was aware that the drawing depicted the wrong setback it was reported to Code Compliance. He reported that Code Compliance forwarded it to the owner and the owner hired Mr. Furfey. Commissioner Matthews stated that the situation should be investi- gated. Commissioner Constantine directed Staff to investigate the situation. Wayne Furfey, representing the petitioner, stated that these variance petitions are becoming common because the setback situation 351 Page 55 October 11, 1994 is that everyone parks in a setback but a boat lift cannot be constructed in a setback. He said that presently everyone ]s jn favor of lifting the boats out of the water, therefore the condominiums whose docks are in the setback areas desire boat lifts. Commissioner Constantine closed the public hearing. Commissioner Norris moved, seconded by Commissioner Matthews and carried unanimously, that Petition V-94-16 be approved, thereby adopting Resolution 94-732. Page 56 October 11, 1994 (2524) Item #13A2 RESOLUTION 94-733 RE PETITION CU-94-13, ALAN D. REYNOLDS OF WILSON, MILLER, BARTON AND PEEK, INC., REPRESENTING BONITA BAY PROPERTIES, INC., REQUESTING CONDITIONAL USES "1" AND "16" OF THE RURAL AGRICULTURAL ZONING DISTRICT FOR EARTH MINING AND GOLF COURSES - ADOPTED Legal notice having been published in the Naples Daily News on September 25, 1994, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. Planner Sam Saadeh stated that the petitioner is requesting Conditional Uses 1 and 16 of the Rural Agricultural Zoning District for earth mining and golf courses. He said that the proposed con- ditional use will allow for two 18 hole golf courses, club house with accessory cocktail lounge, snack bar, 200 seat restaurant, 2,000 square foot pro shop, cart barn, maintenance building and other accessory uses as listed in the application package. He reported that the maximum overall square footage of the structures on the site is not to exceed 50,000 square feet. He said that in addition to these proposed uses the petitioner is requesting approval for an earth mining activity only ancillary to the construction of the golf courses. He stated that the Collier County Planning Commission recom- mended approval subject to Staff stipulations. He said that Staff recommends approval subject to the stipulations incorporated into the resolution of adoption. In response to Commissioner Norris, Mr. Reynolds representing the petitioner, confirmed that the property is approximately 1,000 acres. He said that there are no housing units involved in this petition. Commissioner Constantine closed the public hearing. Commissioner Matthews moved, seconded by Commissioner Norris and carried unanimously, that Petition CU-94-13 be approved, thereby adopting Resolution 94-733. e, Page 57 October ll, 1994 (2680) Item #13A3 RESOLUTION 94-734 AMENDING PARAGRAPH FIVE OF RESOLUTION 94-423 TO CORRECT A SCRIVENER'S ERROR BY ADDING THE CORRECT LEGAL DESCRIPTION - ADOPTED Legal notice having been published in the Naples Daily News on September 25, 1994, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened. Bob Mulhere, Acting Current Planning Manager, stated that this is a request to correct a resolution for off site parking that was approved in June. He explained that the legal description refers to the site that contains the business rather than the site for the off site parking facility. Commissioner Constantine closed the public hearing. Commissioner Norris moved, seconded by Commissioner Matthews and carried unanimously, that a resolution amending Resolution 94-423 be approved, thereby adopting Resolution 94-734. 3Fj4 Page 58 October 11, 1994 (27oo) Item #14A CLARIFICATION ON SCHEDULED SOLID WASTE WORKSHOP ON OCTOBER 19, 1994 - STAFF AND WASTE MANAGEMENT TO PROVIDE INFORMATION TO PUBLIC Commissioner Saunders stated that he is trying to establish what the procedure will be at the Solid Waste Workshop scheduled for October 19, 1994. Commissioner Constantine stated that no vendor presentations are planned. He said that if any of the vendors wish to attend they are welcome because the final agreement has not been formallzed. He said that he understands that Waste Management, Inc. is interested in making a presentation to the public because they are in the midst of negotiations. He said that it appears as though the issue is whether to privatize or not. He said that if the Board wishes to prtvatize the vendors have been ranked. Coun~T Manager Dorrl//stated that because of the confusion he dictated a letter that has not been sent yet to the three firms stating that County Staff and Waste Management, Inc., as the first ranked proposer will provide information on their plans for the land- fill located near the Golden Gate community. He said that he invited the firms to provide presentations, limited to five minutes although they are not to offer counter proposals. Commissioner Constantine stated that he has no oblection to the firms making a five minute presentation. Commissioner Matthews announced that she has been asked what the County will do with the 300 acres? Commissioner Constantine said that whether we privatlze or not 7 million dollars has been set aside and now Is the time to locate another site, purchase that ]and and permit that ]and. He said that it is apparent that we will need more land in 15 to 20 years. He stated that the Board might as well purchase the land at 1994 prices. He said that the permitting process will take years, therefore the sooner the better. He said that the Board must put the publtc's mind 382 Page 59 October 11, 1994 at ease that the landfill will not be expanded into the 300 acres. Commissioner Volpe asked if the 300 acres should be considered surplus property? He asked if the Board should consider disposing of the property? Commissioner Matthews said that the Board can do that or find a way to transfer the value of the land tnto the General Operating Fund and out of the Solid Waste area so that the property would continue to stay in the Enterprise Fund. Commissioner Constantine responded that Jn the next several months the Board needs to set a specific direction for the use of the land. (3105) Item ll4B DISCUSSION RE GLADES UTILITIES - PROPOSED SETTLEMENT AGREEMENT RECEIVED; DEP HAS CONCEPTUALLY AGREED TO PLAN Commissioner Matthews stated that she would like an update on the Glades percolatlon pond. County Manager Dotrill stated that he had distributed a copy of the proposed settlement agreement to the Board members. He said that a preliminary meeting was held last week. He reported that he has asked Staff to pursue the necessary permit approvals for an alter- native which will be a short term ]and ]ease. He said that short term is defined as less than two years. He explained that this would enable the County to expand ponds that it operates under a separate agreement with Lely Resort. He reported that the present percolatlon ponds are at no cost to the Utility District. He said that the County would need an additional 30 to 40 acres of pond capacity for the short term. He said that we have a preliminary agreement to do that. He said that Staff is developing an alternative that would fall short of having to purchase the historical pond site on Davis Boulevard. In response to Commissioner Matthews, Mr. Dotrill replied that Staff would present the alternative to the Board Jn two weeks if the Department of Environmental Protection (DEP) indicates that those sites are acceptable and permittable for addttlona] per pond capacity. Page 60 October 11, 1994 Mike McNees, Acting Utilities Administrator, stated that DEP has conceptually agreed to the plan. He said that cannot approve anything until it is actually presented as a permit application. In response to Commissioner Volpe, Mr. Dotrill stated that the Hubschman property is leased to the County at a substantial cost. He said that the County has been found in default and an eviction hearing is pending. He said that he believes that we will appeal the initial decision. In response to Commissioner Volpe, Mr. McNees replied that the annual rental for the expired leases is in between $100,000.00 and $200,000.00. (3341) Item #15 STAFF COHM~TNICATION Assistant County Attorney Weigel reported that a negotiated settlement between the United States and Collier County is a proposed item for next week's agenda. The County is involved in this case as a lienholder for both impact fees and wastewater lien. He said that the County is in contention with the Federal Government, who is a plain- tiff on a foreclosure action for small business association, as to whether their liens are superior to ours or not. He said that the County has been offered a settlement figure that is workable for the County. He said that the County would receive the amount of $904.00 in lieu of a total amount of $1,473.00. He said that the trial date is now October 17, 1994, therefore the authorization to enter into the settlement would have come up after the trial date. He asked if the Board would authorize Assistant County Attorney Bryant to sign the pleading for dismissal which wi]] allow for the settlement. It was the consensus of the Board to authorize Assistant County Attorney Bryant to sign the court document. County Manager Dotrill reported that a six week renovation period is anticipated for the Third Floor. He suggested that the Third Floor offices relocate to the Second Floor during that time. He anticipates Page October 11, 1994 a start-up date of October 24, 1994. He stated that work will be completed by the second week in December. He said that he has a pro- posed lease agreement to move the Clerk's microfilm storage area off the Second Floor. He said that he was told that the Clerk wants to evaluate moving the microfilm area off the Second Floor to the Fourth Floor and relocating the Finance Department to the space that we intend to rent. He said that he believes that this will entail a significant additional cost because they want to evaluate the purchase of modular furniture as well as constructing a fiber optic line to connect the rented offices. He said that he will keep the Board informed as the situation develops. In response to Commissioner Volpe, Mr. Dotrill explained that the leased space is adjacent to the Complex. · '* Commissioner Norris moved, seconded by Commissioner Matthews and carried unanimously that the following Items under the consent agenda be approved and/or adopted. '*' Item #16A1 ACCEPTANCE OF SECURITY FOR EXCAVATION PERMIT NO. 59.478 "PELICAN ~tRSH LAKE 5F" LOCATED IN SECS. 27, 34, 35 T48S, R25E Item #16A2 RESOLUTION 94-724 APPROVAL OF RECORDING OF THE FINAL PLAT OF "BUSCAINO ESTATES" see ages J2S' Item #16C1 AGREEMENT BETWEEN COLLIER COUNTY AND THE SCHOOL BOARD OF COLLIER COUNTY FOR THE PURPOSE OF PROVIDING USE OF SCHOOL BUSES TO TRANSPORT PARKS AND RECREATION PROGRAM PARTICIPANTS FROM AUGUST 4, 1994 UNTIL AUGUST 31, 1995 Item #16C2 moved to Item 88C3 Item #16C3 AUTHORIZATION OF PAY~IENT TO HCI FOR THE COUNTY'S PORTION OF CONSTRUCTION AND LIGHTING AT PELICAN BAY COMMUNITY PARE Item #16D1 Page October 11, 1994 APPROV~L ~ EXECUTION OF THE SATISFACTIONS OF CLAIM OF LIENS FOR LAWRENCE AND MILDRED MELOCHE AND SUN BANK OF NAPLES See Pages Item #16D2 APPROVAL AND EXECUTION OF SATISFACTIONS OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EJUrEND PAYMENT OF WATER AND/OR SEWER IMPACT FEES FOR JOHN AND MELISSA MOWREY, ALABELLE C. RIMES, FRANCES M. SMOGORZEWSKI, HERMAN TRICK AND GARY SANDERS Pages - z/o 7 Item #16D3 CLAIMS OF LIEN FOR THE ENFORCL~4ENT OF THE NOTICE TO CONNECT TO COLLIER COUNTY SEWER FACILITIES AND NOTICE OF IMPACT FEE STATEMENT FOR THE EAST AND SOUTH NAPLES SANITARY SEWER PROJECT See P, es *- 5 7 Item #16E1 BUDGET AMENDMENT FOR BUILDING "F" RENOVATIONS Item 816E2 AWARD BID #94-2273 TO COMMERCIAL LAND MAINTENANCE INC. FOR GROUNDS MAINTENANCE FOR SATELLITE FACILITIES - IN THE AMOUNT OF $38,484.00 Item #16F1 LEASE AGREEMENT BETWEEN KEVIN STONEBURNER AND COLLIER COUNTY FOR THE CONTINUED UTILIZATION OF OFFICE SPACE BY THE COLLIER COUNTY EMERGENCY MEDICAL SERVICES DEPART)TENT Item #16G1 RENEWAL OF A SERVICE AGREEMENT WITH REGFILES, INC. FOR DEPARTMENT OF ENVIRONMENTAL REGULATION FILES IN THE AMOUNT OF 82,916.00 Item #16G2 See Pages INTERAGENCY AGREEMENT WITH STATE OF FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES (HRS) FOR ANALYSIS OF BACTERIOLOGICAL SWIPgWING POOL WATER SAMPLES Item #16G3 See Pages Nnt-_ received in Clerk to Board Office as of 2/5/95 CHANGE ORDER NO. 1 TO THE ORIGINAL AGREEMENT WITH THE WORKS TREE SERVICE, INC. FOR ADDITIONAL COUNTY-WIDE DITCH BANK CLEARING OF BRAZILIAN PEPPER Page 63 October 11, 1994 See Pages Not received in Clerk to B<)ard Office as of 2/6/95 Item #16H1 - Th~s item has been deleted Item #16H2 - This item has been deleted Item #16H3 has been moved to Item 88H8 Item #16J MISCMLLAMMOUS CORRESPONDENCE - FILED AND/OR REFERRED The following miscellaneous correspondence was fi]ed and/or referred as presented by the Board of County Commissioners: Page 64 October 11, 1994 Iteall6J1 SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER There being no further business for the Good of the County, the meeting was adjourned by Order of the Chair - Time: 5:00 P.M. ATTEST: ' DWIGHT E. BROCK,~CLERK ese.mi'n~tes approved by the Board on as presented BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL TRICTS UNDER ITS CON~~ N~E T~ .' '~ ~MAN TI NS~A ~ ~ , y or as corrected Page 65