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BCC Minutes 01/18/1994 RNaples. Florida, January 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 BI~BSION 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: Marilyn Fernley and Sue Barbiretti, Recording Secretaries; Nail Dorrill, County Manager; William Hargett, Assistant County Manager; Jennifer Edwards, Assistant to the County Manager; Ken Cuyler, County Attorney; David Weigel and David Brant, Assistant County Attorneys; Tom Whitecotton, Human Resources Director; Leo Ochs, Administrative Services Administrator; Jeff Walker, Risk Management Director; George Archibald, Transportation Services Administrator~ Michael Dowling, Real Property Specialist; Bill Lorenz, Environmental Services Administrator; Dr. Fram Stallings, Natural Resources ,'. Director; Tom Olliff, Public Services Administrator; Mike McNees, ij(.'.~ Office of Management & Budget Director; Edward Finn, Budget Analyst II; Bertin Karplnski, Senior Project Manager; Greg Mthaltc, Affordable Housing Director; Russell Shreeve, Housing Program Analyst; Ed Kant, Transportation/Traffic Operations Senior Engineer; Dick Clark, Acting Community Development Services Administrator; Barbara Cacchione and i: ' Wayne Arnold, Planners= Lt. Byron Tomltnson, Sheriff's Office; Crystal Klnzel. Sheriff's Office Finance Director; and Sue Fileon, Administrative Assistant to the Board. ,00, 000,, , Page 3anuar¥ ~8, 1994 Cmmieeloner NorrAe Bored, eeconded by CouleeAoner Saundere and carried unanlBouel¥, to approve the agenda w~th the changee ae detailed on the Agenda Change Sheet, and the following addAt~ona! Ate~= 1. l~em #14B - Update on Medla PolAc¥ - Added Page 2 '.... CO~I~:X~ AGENDA - APPROVED AND/OR JLDOPTED ~anuar¥ 18~ I994 The motlon for approval of the consent agenda Is noted under Item ~' Co~lleelone~ itltthm~l moved, seconded !~ Comm/eelone~ No~:il mnd c~t~ ~t~um/y, to mp~ove the Mlnutei of the Re~/~ ~etlngs of ~e~ 14, 1993 ~d Dece~be~ 21, 1993. (X28) ~ ~ ~~TZON DESZ~TZNG 3~ 26-22, 1994 AS 3AYC~E ~. ~~ Upon reading and presenting the procZamatlon to Don Beach, Commissioner Nor~te moved, seconded b~ Coutsstoner S&unde~e, and cl~rled unanimously, that the Proc/mtlon decimating 3~u~ 16-22, 1994 am 3a~cee Heek be adopted. B00 000,-, O0 Page 3 January 38, 1994 Commissioner Norris congratulated and presented Service Awards to the following employees for service with Collter County Government: Ellclna A. Soto-McKuen - 5 Years, Long Range Planning · James H. Scarbrough - 10 Years, Road and Bridge Richard W. Lockerby - 5 Years, Utilities Water (Not Presented) (244) Itel BCT~ZT A)~D)~N~S 94-gl, g4-154/15g - A~O~ZD ... Office of Management and Budget Director McNees requested adoption of the seven (?) routine Budget Amendments as shown In the Executive Summary. Co--tsetoner Volpe moved, seconded by Co~tealoner Matthew~ and ~.. carried ~t~oue~y, that ~dget ~en~entl 94-91 ~d 94-154 through ::~ 94-159 ~ adopted. ~... C~8 ~RT - NO ACTION Commissioner Constantine stated that the Clerk's Report is for :::~,'lnformatton purposes only. i~::'MALTZlt J. ~EI!(RIC~, PRESIDENT, COON KEY CONDOWINIUM ASSOCIATION ~INGS ON ~BRU~Y 1, 1994 Traugott Schmidt stated that Mr. Helmrich Is snowbound in New '~ , Jersey and that he is his representative. Mr. Schmidt explained that President Bush declared Collier County .~ a Federal Disaster Area after Hurricane Andrew and money was made .available to assist victims. · ' Mr. Schmidt explained that on July 14, 1993, the Naples Daily News ,..reported that Goodland Bay Marina could stay afloat through hurricane ,.,,?,:,~ . . Page 4 January 18, 1994 :?.% iloney. Mr. Schmidt stated that Rite and David Law, owners of Goodland Bay Marina, contended that the marina had damages in excess of $200~000. i~Mr. Schmidt stated that at the regular meeting of the Board of !i~C0unty Commissioners on June 15, 1993, Item #8A3, Russell Shreeve ~'. explained that Collier County received a $250,000 grant due to Hurricane Andrew to provide assistance to people who incurred damage. Mr. Schmidt related that Mr. Shreeve stated that after notifying busi- heSSe of the available aid, only one bus~nesa requested aid and was 'i' i qual~fied, Good/and Bay Marina. Mr. Schmidt quoted Comm~ssioner Norris as asking if this was the marina that has been brought before the Code Enforcement Board because of code violations, to which Dick Clark, Code Enforcement Director, replied in the affirmative. Mr. Schmidt stated that Goodland Bay Marina was cited before the Code Enforcement Board for five (5) viola- ticns to the County Site Development Plan, specifically: 1) eltm~na- tion of required water retention areast 2) addition of restaurant aeats~ 3) reduction in required parking spaces~ 4) dry docks without .authorit¥~ and 5) construction or alterations to site w~thout the required building permits. Mr. Schmidt stated that Mr. Clark concluded that violations had not been removed to date. Mr. Schmidt stated that Commissioner Norris asked if any progress toward elimi- nating the violations has been made, to which Mr. Clark responded that virtually no corrections had been made although permits had been obtained. Mr. Schmidt stated that Commissioner Norris then questioned if the violations were considered m~nor or ma~or violations, to which Mr. Clark replied that they are fairly substantial wherein some of the violat~ons impact neighboring condominiums which is where the complaints origina~ed. Mr. Schmidt quoted Commissioner Norris as 'saying that this transaction does not seem proper and should not be ~tnalized until after the code violations have been corrected. Mr. '.Schmidt quoted Commissioner Matthews as quest~oning whether the viola- ticns axisted prior to Hurricane Andrew? Mr. Schmidt stated that Mr. January 18, i994 Shreeve notified the Board of County Commissioners that he was not aware of the code violations and suggested that he meet with Goodland Bay Marina to set up a time schedule whereby loan money could be used In those areas needed to bring Good/and Bay Marina Into compliance. Mr. Schmidt stated that Commissioner Norris objected to loaning County money to remove code violations that were not caused by the hurricane. Mr. Schmidt disclosed that Commissioner Constantine suggested that Page 6 '/:' Ooodland Bay Marina be given the opportunity to bring the property into compliance and that Commissioner Volpe recalled that the Code Enforcement Board ordered the violations removed by July 19, 1993. Mr. Schmidt communicated that the Board of County Commissioners con- ttnued this item until after July 19, 1993. Mr. Schmidt stated that at the Board of County Commissioners meeting of August 3, 1993, Item #SA1, Russell Shresve presented a document showing that the Code Enforcement Board, Case #93-008, dated .. July 16, 1993 found Good/and Bay Marina In compliance. Mr. Schmidt ~ pointed out that Mr. Shreeve stated that concerns had been voiced regarding Good/and Bay Marina staying in compliance in the future. Mr. Schmidt stated that the loan to Goodland Bay Marina was approved. Mr. Schmidt stated that on July 23, 1993, Code Compliance No. 30?02-49, indicated that David Law was again in code violation, >~. specifically: 1) site improvement, filling and grading prior to per- mits; 2) failure to obtain proper permits; 3) failure to prepare and implement a soil erosion and sediment control plan; end 4) prohibited use of land, parking boats and trailers illegally. Mr. Schmidt presented an advertisement ran in The Islander on i:'~11July 7, 1993 by Goodland Bay Marina Indicating "Goodland Bay Marina is now expanding to twice the size. New 50 ton travel lift now ..: pulling any boat. No boat too big to pull. New wet slips available for rent. Eleven new wet slips up for sale. Inside boat storage up .,to 40 feet. Outside yard storage for any size boat." Mr. Schmidt ed If this to the same Goodland Bay Marina having financial :[~:!~'problems due to hurricane damage? January 18, 1994 ]..;~.Mr. Schmidt questioned if this the same Goodland Bay Marina who '~.pald Lee County Electric $7,900.00 of hurricane loan money to run high power primary from overhead to underground? He ales questioned if this is the same marina who contracted with Galaxy Electric of Marco Is/and for over $20,000.00 of electrical work to service boats and docks which did not exist before the hurricane? Mr, Schmidt contended i':'that the work was done with hurricane loan money. Mr. Schmidt stated that Goodland Bay Marina paid Allied Crane Service hundreds of dollars of hurricane loan money to work on a trailer ramp which did not exist prior to Hurricane Andrew. Mr. Schmidt questioned the payment of thousands of dollars in loan money to A.B.L. Boat Lifts of Fort Myers i for boat lifts that did not exist before the hurricane. Mr. Schmidt stated that Goodland Bay Marina paid to have permits pulled and plans drawn for projects which did not exist before the hurricane, again out ~:of loan funds. Mr. Schmidt advised that the Hurricane Loan Agreement between Collier County and Good/and Bay Marina, located in Official Record Book 1856, Page 000120, Article 513, reads "Borrower will only repair or replace facilities damaged as a result of Hurricane Andrew that existed on or about August 24, 1992, and will not use loan funds for ~'(~ expansions of the facilities without the prior written consent of '' lender." Mr. Schmidt pointed out that the hurricane loan fund was not to be spent for capital Improvements by any marina. Mr. Schmidt stated that Goodland has been a tolerant, friendly, residential village for many years. He commented that the serenity and casual atmosphere has been one of the most valuable assets, but the recent attempt to develop undesirable commercial enterprises threatens to disrupt the happiness and contentment of the citizens and ~,'homeowners, Mr. Schmidt requested that the Board of County Commissioners assess the situation and curtail some of the activity which can destroy the character and quality of this residential village. ,= 000,,, !i Page ? 3anuary 18, 1994 In answer to Commissioner Matthews, Greg Mthallc, Affordable .;i~Houstng Director, stated that the loan to Good/and Bay Marina was .lapproved August 3, 1993. ~i! In answer to Commissioner Matthews, Dick Clark, Acting Community Development Services Administrator, stated that the violations of July 23, 1993 were on an additional piece of property purchased by 'Goodland Bay Marina. Mr. Clark stated that Staff is prepared to with- (;hold further expenditures, investigate the allegations and report fin- dings to the Board of County Commissioners by January 31, 1994. Commissioner Matthews stated that there is a list of damages that were to be repaired and Staff is to assure that the funds utilized :' were only for those repairs. Commissioner Matthews stated that the loan documents indicated that Good/and Bay Marina would cease to exist without receiving the loan but now they are expanding. Commissioner Matthews requested that the funding source for the expansion be !~ : verified. Mr. Mihaltc stated that loan disbursements must end by January 31, ~ 1994 and repayment must begin by February 3, 1994. Mr. Mihallc stated that approximately $70,000 of the $110,000 authorized by the Board has .been disbursed. Commissioner Volpe stated that it Is Collier County's respon- sibility to assure the appropriateness of Federal fund expenditures iprAor to payment and that there should be no question as to where these funds were spent. Mr. Clark stated that the Federal funds should not have been granted to Good/and Bay Marina if another financial source was available. Mr. Clark stated that this issue must be investigated to '~:~ determine if there was a misrepresentation by Goodland Bay Marina when requesting grant funds. Commissioner Volpe stated that the County expended funds to pri- vate property owners for cleaning up lots without Investigating whether other revenue sources were available. Mr. Mihaltc stated that private insurance and County expenditures Page 8 .. ; January 18, 1994 tracked for what Improvements and repairs were made. Mr, Mthalic ,stated that his department and the Finance Department are all expenditures. Mr. Mthaltc confirmed that all County information regarding draw requests and Itemizeties was provided to Mr. Schmidt, Commissioner Volpe stated that el! information on the loan i".."cation must have been verified prior to submittal for approval. Mr. Mihalic stated that the State of Florida, Department of Community Affairs, had representatives approving damages prior to grant fund approval. Mr. Mihalic stated that the funds are Community Economic Development funds for Job retention and creation. .' ' Commissioner Norris stated that the County Attorney's Office 'should assure that the funds were handled legally. George Keller spoke on this Item. Xn response to Commissioner Saunders, Mr. MihalIc responded that ~an extension to the deadline of January 31, 1994 for expanding grant funds could be requested. Mr. Mlhallc stated that no further funds will be expended until this matter is resolved. Conissioner Norris moved, seconded by Commissioner Natthews and carried unanimously, to have Staff reevejusts, in detail, the processing of the loan, verify that all expenditures are legal and .'.re9ort. findings February l, 1994. 3OS~PIl TORRES R,KP*KKSKJFTXNG GEORGE ARCHZE, RKGARDZNG RKSZDFKTZ&L TR&.rIrZG OPKP,&TZONS -MYRTLE COVE ACRES - ST&J'F 70 EVALUATE TR&FFZC PATT'KI~&RD ~O~D'TZONS ARD PRESENT FZRDZNGS BY FEBRQ&RY 1~, 1994 George Archie stated that Joseph Torres ts unable to attend. Mr. Archie stated that he lives at 5288 Tamlamt Court, East Naples, behind Marco Office Supply and Printing. i:,~ . Mr. Archie stated that In 1983 he purchased the lot on Tamism! :~.'~. Court and built his residence in 1984 and 1985, Mr. Archie com- municated that this lot was selected because of the safeguard of i[: ' Collier County planning and zoning. Mr. Archie explained that he : · assumed he had protection tn a residential area versus commercial or Page 9 -. January 18, 1994 ilght commercial zoning. Nro Archie reported that on September 110 1991, s building 'i~permit was issued to Winsco Builders to build a print shop directly )'!',!~'across the street from his home. Nr. Archie stated that no con- eldstation was given to the impact the print shop would have on the residential area as the main driveway is directly across from his drt- .veway. ;'i:':i':'.:' Mr. Archie stated that on May 12, 1992, the Certificate of ,:':!~':Occupany was issued for Narco Printing. He explained that since then · he has had nothing but problems such as large tractor trailers blocking traffic and running over his lawn and driveway. Mr. Archie stated that trucks deliver freight between 3:00 AM and 5:00 AM which disrupts his sleep. Mr. Archie contended that the proper plot plan [~(~i/revlew was not done. Mr. Archie stated that the building was over built which does not allow room for tractor trailers to maneuver to the rear dock and sade delivery doors without utilizing the street and/or his property. Mr. Archie explained that r.t. Riley of the Collier County Sheriff's Office witnessed a truck utilizing Tamiami Court to make a delivery 'and redirected the truck to use the U.S. 4! entrance. Mr. Archie stated that a posted sign prohibits trucks from using Tamlami Court but it is not being adhered to by the drivers. Mr. Archie stated that consideration was not given to off-street parking when planning development reviewed the plans which also causes a problem, Mr. Archie complained that employees park in the main drive which does not allow trucks to make deliveries to the side of the building. Nr. Archie stated that the print shop has 20 employees and 20 off-street parking spaces. Mr. Archie requested that the Board of County Comalsstoners move the rear loading dock. establish permanent one way traffic at the entrance to Marco Printing and remove the driveway on Ta~iaml Court. Mr. Archie stated that the property owners were not contacted regarding entrance to the business from Tamlaml Court. Mr. Archie Page 10 'explained that the State of Florida would not allow traffic to exit the property onto U.S 41, only enter. In response to Commissioner Saunders, Transportation Services Administrator Archibald responded that closing the Tamlaml Court com- mercia! driveway and eliminating the loading dock have been con- ~.~ :sidered. Hr. Archibald stated that Staff needs to evaluate measures already Implemented by Harco Printing and to determine the use of the property regarding hours and direction of travel that may be hented prior to removing or relocating the driveway. 'Hr. Archie stated that the business is not being used properly for the zoning; it ts being used as a warehouse distribution center. Nr. Archie explained that the business should be used as a retail center, thereby alleviating tractor trailer traffic. Com~/esloner Saunders ~oved, seconded by Co~lssions~ Volpe and c~rrladunanl~ou~l¥, to have Staff ~aluate solutions to acco~odate ~th ~. Archie ~d Narco ~ntSng ~d re~rt findings ~ Feb~a~ 15, . In response to Co~sstoner Volpe, ~r. Archibald responded that a policy should be developed to provide bufffiefs between d~fferen~ zoning ~'RO~~ISS~, ~ID~, CK~ P~ OF N~Eg, INC. :~-~/~~.O~ V&C~ ~OP~ - P~IT~ FOR LZ~ZTgD CL~ZRG TO Robert ~etssenborn stated that the property ts approximately five (5) acres in size and is located between Estey Avenue and Shadowla~n Drive. Nr. ~etssenborn stated that the property contains substantial · vegetation which Is conducive to vagrant camp sites and ~ltter. Nr. ~etssenborn informed the Board that the vagrants have been with the help of the $harlff's Office and Code Enforcement. Nr. ~etssenborn explained that the underbrush must be removed In order to properly police the property from the roadway. Nr. .Weissanborn stated that he is prohibited from removing the underbrush Page January 18~ ~994 i!i':.i.by Ordinance. '::., ~;[', Dick Clark, Acting Community Development Services Administrator, stated that Staff recommends that a permit for limited clearing be authorized to alleviate the problem. Commissioner Constantine stated that this would also benefit the ;- community. ~?, ,.:'.. Comalaaloner Saunders moved, seconded by Coulaoloner Matthew~ and ' cle~lng. ~ 8C~I~ I ASS~ZA~S S~C~D AS CO~T~ TO ASSZBT IN ~ D~~ OF ~ ~~D CO~ S~ FOR ~ CO~~ D~~ S~CK3 DlV2S20N (~ o3-22oo) Robert Blanchard, Site Development Review Director, stated that on September 7, 1993, the Board off County Commies/snare reviewed a ~'- proposed scope off work and directed Staff to proceed with a Request for Proposals (RFP) to solicit technical assistance for developing an integrated computer system for the Community Development Services Division. Nr. Blanchard stated that a quality Improvement review suggested that a number of procedures could be automated. Mr. Blanchard explained that this system will address the :~:':multlple computer systems that exist within the Dtvtelon~o five (5) that currently cannot share or exchange information. Mr. Blanchard stated that over 30 manual operations could be reduced through automat/on and the need to interconnect with other County agencies, especially the Property Appraiser and the Tax Collector :'Agencies, would be achieved. ~',''. '!~. Blanchard advised that the consultant services are being i=?[,requested to review the findings of the quality Improvement team and ?..to present a cost/benefit analysis of hardware and software alter- ..~ natives that will best meet the needs of the Division. Mr. Blanchard ~:i,/st'ated that the consultant will coordinate technical reviews and recommendations with several independent government MIS agencies that Page ?~provlde data processing services to our Division. January 18, 1994 Hr. Blanchard stated that three (3) proposals were submitted and two [2) oral presentations were made on December 10, 1993. Mr. Blanchard advised that staff le recommending that the County contract with John Scoggtns and Associates from Gainesville, Florida, in the amount of $32,5?5.00. Mr. Blanchard stated that the selection commit- tee reconunendatlon was unanimous based on the quality of personnel, experience with and knowledge of Integrated computer systems, proposed methodology for evaluating existing software, experience with data processing requirements of local government and knowledge of develop- mast'planning, permitting, code enforcement and property record .k~eplng. Mr. Blanchard stated that the program will be completed In four '(4) to f~ve (5) months and recommendations for phasing in will be -:~ presented during the budget hearings. Mr. Blanchard explained that funds for the project should come from both Fund III, Unincorporated Area General Fund (30% or $9,??2.00), and Fund ~13 Community Development Services (70% or ?-: $22,803.00), because the benefit of this project will affect the entXrs Community Development Services Division. ').i : Mr. Blanchard stated that Staff Is also requesting authorization .~ for the Chairman to sign agreements and to propose necessary budget u,'f ,-.Commissioner Volpe questioned if this ks a coordinated effort when · talking about integrated systems because of the numerous requests coming before the Board requesting computer software and hardware upgrades from different Departments. ~,:..,,, Mr. Blanchard stated that this step is toward creating a truly onnecttng system In the future. ~;::':"' Dick Clark, Acting Community Development Services Administrator, .stated that requests for segment improvements have been made tn the ' past but they did not address the issue of comparability. Mr. Clark ', explained that implementation of an Integrated computer system will be Sanusry 18, 1994 beneficial in reorganizing departments for better efficiency and :,,,"~. ,In response to Commiseionsr Volpe0 County ~ana~er Dorr~11 ~a~..~responded tha~ a series of s~all and Inadequate systems ~ what ~ou end up with when an Integrated automation system doan not exist. Dorrll! stated that this is the right direction toward eliminating the nmeerous incompatible systems within the Community Development . Services Division. The following persons spoke on this Item. Tom Peek Christine Ramsey Commissioner Constantine requested that the Executive Summaries finclude the names of the other bidders and the amount of their props- Mr. Blanchard stated that Aaron, Burns & Cartel was the other company that gave an oral presentation. Mr. Blanchard Informed the Board that the third written proposal was submitted by Sierra, acom- pany located in California, but they proposed an entirely different ::.system rather than looking at alternative systems that fit our speci- fic requirements. Mr. Blanchard stated that only the bid from the recommended firm is opened. Co~dssionsr Norris ~oved, seconded by Commissioner Saunders and carried unanimously, to award RFP 93-2100 to John Scogglns and Associates in the as~mnt of $32,575.00 and to furnish a copy of the report to the Productivity Committee and the MlB subcommittee. Mr. Blanchard Informed the Board that the contract will appear on the Consent Agenda for approval. Commissioner Constantine stated that the County budget year begins " October 1 and that the report needs to be completed by June or July in order to work any recommendations Into the 1994/95 budget. lIEqUEST BY MARIO CONSTANTIN! FOR ~XTENSlON OFBUILDING PERMIT l~]Ml~lt 95-159 FOR PROPERTY IN VANDERBILT BEACH ESTATES - APPROVED Dick Clark, Acting Community Development Services Administrator, orated that this extension Is being requested because the applicant has been unable to obtain construction financing. January 18, 1994 Mr, Clark explained that Staff is recommending approval because there has not been any vertical construction initiated and all fees have been paid. Commissioner Matthews stated that Mr. Constantini has come before .the Board on similar issues for other parcels and the reason he requested an extension was to avoid paying additional impact fees. Commissioner Matthews questioned whether this is the case in this ~tnstance. "· Nr. Clark informed that he wall guarantee that all fees have been paid before the extension is Issued. In response to Commissioner Matthews, Mr. Clark stated that Mr. Constantini's buyers backed out after the permit had been issued. /..C/ark explained that Mr. Constantin! will forfeit all fees if :,f/construction is not completed. .:. County Attorney Cuyler ateted that any motion should Include that the Board finds good cause for extending the building permit per Collier County Ordinance 91-56. Ce~i~elo~er Volpe ~oved0 seconded by Commissioner Saunders and i-/. carrted unanilou~ly, to grant the extension to Periit No. 93-159 to ! Janusa'F 22, 1995 recognizing that good cause has been shown that he been unable to obtain construction financing and contingent upon palmant of t~pact fees and additional plan review to assure colpliance any building code changes since the permit was orIginal2y lelued. ~te~SA3 ~ESOLUTZON 94-25 RE RECOGNITION OF NON-CONFORMING AGRICULTURAL LOT8 XN ~ UNRECORDKD SUBDZVXSZON KNOWN AS "WOODLAND PARK" WHZCH FROPKRTIKS J~L~ LOCATED X~DIAT~LY NORTH OF XKKOXALEK ROAD AND APFROXXNATHLY T~I~E~-FOURTHS MILK NEST OF C.R. 951 - ADOPTKD Wayne Arnold, Planning Department, stated that questions have been raised by the property owners in Woodland Park Subdivision regarding subdividing below the minimum five (5) acre parcel size. Mr. Arnold stated that the subdivision consists of 49 proposed lots with the !' 'ii majority being 1.25 acres. Mr. Arnold explained that this subdivision Page 15 ~anuary l~, 1994 · was created during the iate 1960'8 and early 1970'0 but the developer · failed to record the parcels. '~ .'Mr. Arnold stated that 29 of the 49 lots have been developed with ~eingle family homes and some lots are being utilized for agriculture '~nd some are undeveloped. Mr. Arnold explained that three (3) pro- party o~nere o~ multiple lots and the deeds reference only the metes and bounds description of a five (5) acre parcel, less rights-of-way. Mr. Arnold stated that owners of five (5) acre parcels have contacted the County regarding dedicating 1.25 acres to an heir. Hr. Arnold explained that Staff is requesting that a resolution acknowledging the lot pattern of the 49 lots be instituted since the parcels were never ~' recorded and, therefore, not legal lots of records, and given the lot '.'and development pattern in the area. Commissioner Volpe stated the property Is non-conforming because they are zoned agricultural, thus the minimum five (5) acre require- ment. Commissioner Volpe explained that questions will arise during ',~::,:.development of this property regarding water/sewer Improvements to the subdivision. Commissioner Volpe stated that we will be establishing a residential subdivision on agriculturally zoned property without the 'proper underlying zoning. In response to Commissioner Volpe, County Attorney Cuyler stated :'.i:::..that staff has been struggling with how to address this issue without -:chunglng or amending the Land Development Code which requires two (2) :::'public hearings. Mr. Cuyler stated that the Board could be setting a precedence. .~,.. Commissioner Volpe stated that there has to be a unified effort If wo are going to end up with a fezone of this property. Commissioner ..! '~olpe etated that he Is uncomfortable with the procedure especially since it te within an activity center. Mr. Cuvier stated that there is a potential for legal problems but probably not with this subdivision because the three (3) property !~';ownere are approaching the County for this change. He suggested that another subdivision with a similar situation could use this as an :" Page 16 " January 18, 1994 'argument. .'t"(i'~[ Dick Clark, Acting Community Development Services Administrator, ~..etated that a limiting factor may be that the purchases or actual sub- "division, whether recorded or not, occurred prior to the enactment of the zoning ordinance. Mr. Arnold stated that the owners of the property do not want a fezone because they want the ability to mix agricultural with residential use. George Keller spoke on this item. In response to Commissioner Constantine, Mr. Cuyler stated that any action today would have no Impact on Golden Gate Estates because there are platted lots and zoning in place Mr. Cu¥1er stated that he is more concerned with unrecorded subdivisions that presently exist. Commissioner Volpe stated that he is concerned about who te going to take care of the infrastructure to support the 49 lots tn the sub- division. Commissioner Volpe pointed out that the three property owners are asking the Board to acknowledge that the agricultural zoning district does not apply to their property. ,,Mr. Arnold stated that the County does not currently maintain the roads in this subdivision. Co~taslone~ Saunders ~oved, seconded b~ Commiestona~ Matthelm and c~T~ed 4/1 (Co--'lestoner Volpe opposed), to recognize the lot pattern ~ deet~ned during Initial sales within this unrecorded ~u~dtv~elon, .therebF adopting Resolution 94-25. Pag~ 17 3anuary 18, 1994 Recess: 10:50 A.M. - Raconvened: 12:07 P.M. at which time Recording SecretarF Barbiretti replaced Recording Secretary Fernley see Tape #2 (048).-- C0N~TRUCTXON CONTRACT TO THE LO~ST BXDDER POR COPZLAND DTXLXTY & STREET IMPROV~I~ITS BXD NO. 93-2123 - ANARDED TO ~LORXDA STATE UNDEltGROU~D IN THE AMOUNT OF $555,?63.68 Greg M/hal/c, Affordable Housing D/rector, explained that this petit/on seeks to award the construction contract to Florida State ~',Underground for Copeland utility and street Improvement work with !~i[fundlng provided by Community Development Block Grant funds and ;:',' Transportation funds. He stated that the Lee Cypress Lumber Camp in ~'~"' Copeland has seriously deteriorating water, sewer and fire facilities. Mr. Mthaltc announced that Wilson, Miller, Barton & Peek, Inc. has been retained as engineers to design this system. He Indicated that once the system was designed, the contract was sent out for formal ' bad. He noted that three bid proposals were received with the /owest · from Florida State Underground, Inc. for $598,452.85, however, this is .more than the budget allocates and a change order has been negotiated in'the amount of $42,689.19 to reduce the contract amount to a total of $555,763.66. Mr. Mthaltc announced that he recommends that the Board of County ., ,Commissioners award a construction contract to Florida State "!Underground for the total amount of $598,452.85, subject to issuing a ,'/change order to reduce the contract price below the available funds of ~$556,790.00 and that the Board Chairman execute the construction ~i'contract. Commissioner Matthews referenced the 843,000.00 item that will · ,reduce the contract and asked what will not be done? :%71' Mr. Mthallc responded that there are some small items but the / ~argest amount not to be done ~s sludge and vegetation removal from the percolation pond for the sewage treatment facilities. .: In answer to Commissioner Matthews, Robert Furlong of Wilson, .. 'Miller, Barton & Peek, Inc., stated that 120 days is planned for Page 18 ~anuar¥ 18, 1994 · ubstantLal completion and an additional 30 days for fLnal completion. · ~ ~ . In reply to Commissioner Matthews, Mr. Mlhaltc Indicated that the ./water/sewer treatment facility is a privately owned Cooperative, ,noting that the Cooperative will be given additional training but must maintain the facilities after completion with membership contributions and payments. ~.:.,~: Commissioner Volpe expressed his concern regarding the expenditure ~of $500,000.00 without a reserve for contingency to replace the !if,system, once It is on line. Mr. Mlhalic confirmed that his department will work with the ~:.UtilAtiea Division to try and put that In place. i~:': Commissioner Matthews announced that she has no problem upgrading i~11the system and using Block Grant funds, however even though it is a i. private Co-op system, but the County should monitor what Is being done. !iii'i-I.: Mr. Mihalic replied that In the past the County has provided :antLal assistance to this Utility Co-op with Regulatory Agencies '. as well as their repair and maintenance plans and will continue to do that. He confirmed that a monitoring system will be provided. ,' Commissioner ~atthews moved, seconded by Commlasloner Saundera to :i-award the contract for BAd Xo. 93-2123, to Florida State Underground. Commissioner Volpe mentioned that Florida State Underground has had financial difficulties in the past and asked if these difficulties should be considered. Mr. Furlong concluded that there te no reason not to award the to them, adding that Wilson, Miller, Barton & Peak haa had dealings with Florida State Underground In the past and reiterated That there see no reason not to award the contract to them. Upon call for the question, the motion carried unanimously. :~0HN DRURY APPOXJFTED AS AIRPORT AUTHORXTY KXECUTXVE DXRECTOR AND 1994 · 0PERATXNG BUDGET AND CRKATZON OF SKCRETARZAL POSZTZON APPROVED Tom t~hitecotton, Human Resources Director, recalled that at a pre- vious meeting a discussion ~as held on a candidate for the position Page 19 January 18, 1994 of Airport Director. He explained that the Airport Authority has recommended John Drury. Hr. Whitecotton indicated that he would like to amend some tnfor- ;i~ marion included in the executive summary. He noted that Mr. Drury has ~;~ agreed to a salary of $49,500.00. George Barron announced that there were three candidates pre- viously, but they did not express Interest in the Job due to the salary arrangements. Commissioner Saunders asked If it was a unanimous decision of the i.i Airport Authority to recommend Mr. Drury. Mr. Barron replied that the vote took place when one of the Commlsstoner's had yet to review the back-up material, therefore, he could not vote In favor of Mr. Drury0 but the other five :i;[i, Commisstoner's did vote In favor. He introduced Mr. Drury to the -'Board of County Commissioners. John Drury announced that he has been In the business of airport management for approximately 14 years and received a Bachelor of .Science, specifically In Airport Management, from the Florida :Institute of Technology. He announced that he has been employed for 'approximately 4~ years at the Hillsborough County Aviation Authority operating their three airport reliever system. He said he then managed four general aviation airports In Vermont and piloted the State aircraft for the Vermont State Aeronautics Division for '!11jiapproxtmately 2 years. He confirmed that he is presently employed as She Airport Manager for New Bedford Regional Airport In Massachusetts. In response to Commissioner Saunders, Mr. Drury replied that the New Bedford Airport is a "Non-Hub" airport, consisting of an air traf- fic control tower, with 80,000 operations per year, 15,000 passengers ,:per year, 3 fixed based operators that sell fuel, a maintenance shop, and a restaurant. : In answer to Commissioner Norris, Mr. Drury replied that he Is a i~],;ilmplementor/executor of policy. He stated that If the policy of the iBoard and Airport Authority Is to make the airports grow, he will ,oo, 000,,,; 27 · . Page 20 implement that policy to the best of his ability, He reported that he ~,~ has had experience with the Federal Aviation Administration and State ~!!, agencies An acquiring grants to leverage County dollars° In response to Commissioner Volpe, Mr, Drury explained that he and his family wish to relocate and become part of this community. Commissioner Volpe remarked that Mr. Drury has been employed with the New Bedford Airport since September, 1992. He asked Mr. Drury if he As currently at the highest level at the New Bedford Airport? iii:,: Mr. Drury replied that he Is presently the Airport Director and ~' that ts the highest level within the present organization. ::, ..' Mr. Drury etated that the Operations and Maintenance Budget for ".'[: the New Bedford Airport is approximately $300,000.00, and the Capital !Improvement Budget is about $50,000.00 which provided leverage for ~["):'nearly $1 million dollars in grants. In response to Commissioner Volpe, Mr. Drury confirmed that although he is expecting a substantial pay increase in his current /.~, :position, the community does not meet his family's expectations. He mtated that his priority ts his family first and his Job second. Commissioner Constantine commented that if appointed, this would be the third position in about 3~ years. He expressed his concern · regarding Mr. Drury's longevity. Mr. Drury announced that if appointed the County will receive the results possible. He reiterated that At is his family's Inten- : ' tlon to settle into the community and looks forward to being here for :~':a number of years. 'In answer to Commissioner Constantine, Mr. Drury explained that ,:.all airports are unique tn that the Federal Aviation Administration will fund 90~ of eligible Capital Improvement projects and the State will fund between 5~ and 7~ and those things that the Federal Aviation Administration wall not fund, the State will sometimes fund on a 50/50 f~:'/~matching grant. He stated that the Collier County airports are In the .,myetem plan of the State of Florida, !. Mr. Drury confirmed to Commissioner Volpe, that although he had Page 21 ~een convicted of substance abuse, all his civil rights have been '-'. ~astored with the exception of firearm ownership. In response to Commissioner Matthews, Mr. Drur¥ announced that he ~'Would be willing to agree to an employment contract if necessary. In response to Commissioner Constantine, Mr. Drur¥ confirmed that has visited both the Immokales and Naples airports. 'see At this time the Chairman requested that Mr. Drury await the Board'e decision in the County Manager's Office In answer to Commissioner Volpe, Mr. Whitecotton explained that . Mr. Drury applied as Airport Manager in Brevard County in November, ;:.).: 1993. He clarified that if appointed in Collier County, Mr. Drury ~'f~.: agrees to withdraw his application. ~?'.J Mr.. Barron pointed out that Mr. Drur¥ holds a license &s an '~;~,.. . Accredited Airport Executive (A.A.~..}. He stated that It is commen- ~',dab!e for a youn~ ~an ~o have a membership and hold a license In a ~. professional or~Azat~on such as this. Commissioner Saunders read Section 112.011 of Florida Statute to clar/fy the issue of hiring someone with a prior conviction. :ill ~'i, 'Commissioner Volpe expressed his concern regarding Mr. Drury's ~[/~ommitment to Collier County. ~e asked tf there are any other can- i'~:!dtdates? '-' i ~" Mr. Barron replied that there was a total of 89 candidates and the "Airport Authority reduced the list of candidates 'to 39 and then the fArst 7 or 8 were considered but their salary ranges were incom- '.-parAble. :. Mr. Barron reiterated that Mr. Drury ts an excellent candidate and stated that his willingness to accept an employment contract to prove he plans to stay in Collier County for at least five years. '~n response to Commissioner Volps, Mr. Barron stated that the mem- ;):.~bers of the Airport Authority all feel that Mr. Drury is their first selection of all the candidates and still feel that he is the number one candidate. 0omtiseiona~ Saunders moved to extsnd in offer of employment for the position of Airport Authority Zxecutlvs Director at the salary of Page 22 ,3'artusry 18, :1994 ~4'.~',5OO.OO per year and authorizing the FY lgg4 Operating Budget and Commissioner Constantine suggested the use of an employment 'contract. Commissioner Saunders noted that an employment contract Is not required although If Hr. Drury w~shes ~o agree ~o an employmen~ con~rac~ he has no objections, ~.. '~ C~ssi~e~ Norris seconded the ~tion on the floor. · Co~ty Attorne~ Cuyler stated that if an emplo~en~ contract Is to ~[/be instA~u~ed ~ wou~d be presented ~o ~he Board on the Consent Agenda a futura meeting. Commissioner Constantlne'e request, Mr. Barron reiterated ].~[poeition regarding Mr. Drury. In answer to Commissioner Volpe, Mr I~hltecotton confirmed that would check with ~r. Drury's present employer today Af the appoint- me~t Is approved. He stated that It As the County's policy tha~ 'Job offfers are contingent upon satisfactory references. Co~ssloner Volpe announced that he is not ~n favor o~ an emp~o~ent contract. ~".~ call for the ~eat~on, the motion c~rAed ~~. Italia ~OL~XON 94-26, ACCE~XNO ~ ~ E~RED BY ~ CO~T, ~X~ ~ CO~XTZONS IN ~ SE~L~ A~~ ~ A~ORZZZNG ~ C~E OF D~ZS J. L~CH, ~ ~USTEE ~ER A ~UST AG~~ DA~D ~U~ g, 1981 VS. BO~ OF CO~ CO~ZS8ZO~R~ - Assistant County Attorney Bryant explained that this Item Is an authorization that the County Attorney's office may execute the ,'~' settlement stipulations with Mr. Lynch. He reported that Judge ,.Blackwell ruled In Hr. Lynch'a favor. He stated that the Judgment have no economic effect on the County. .?~i"~:-00s~Aeeloner Saunders noved~ seconded by Commissioner Norris and a~prov~d, thereby adopting Resolution 94-28. !, ,o0 30 Page 23 #8AS ' January 28, 2994 ~MAIVR.COMPETZTIVE BID PROCESS AND AUTHORIZE SOLE SOURCE PR0~NT DUMPSTKRS FROM COMMERCIAL CLEAN-UP ENTERPRISES, INC. - APPROVED Oreg Mihaltc, Affordable Housing Director, announced that two companies which provide this service are Ln the area. He stated that one of the companies does not have the manpower or facilit2es to be /~iable to provide enough dumpstero to service the area. He pointed out hat Lee Cypress Logging Camp is a Community Development Block Grant Fund Area. :i'!i.!.:'..' Cosmtssloner Saunders moved. seconded by Commissioner Norris that the competitive bid process be waived and procurement of du~psters from Coenercial Clean-up Enterprises, Inc. be approved. Commissioner Matthews noted that Mr. Clark and his group of volu- teere should be applauded for their good work on this project. Upon call for the question, the motion carried unanimously. ~t~ '~BI i~B~D ~3-~051 FOR T~O ADDITIONAL DUNP TRUCI~ FOR ROAD ~ BRID~E - AM&RD~DTO~&LLACE INTERNATIONAL ~ T!~ ANOUNT OF $125,550.00 Transportation Services Administrator Archibald announced that this item deals with two replacement trucks for the Road Department for the purpose of hauling road materials. Mr. Archibald reported that Staff ~s requesting the the Board con- / eider awarding the bid based upon the vendors holding the 1993 prices 'in accordance with Bid No. 93-2031. He pointed out that the cost of i~[i:'ths truck replacement is budgeted, but only for three small 5 yard trucks tn lieu of two 15 yard trucks. He stated that the trucks that are bid are approximately 18 yard trucks. Mr. Archibald noted that Staff recommends that the Board cona2der the availability of the purchase from Bid No. 93-2031 for two trucks \. · tn the amount of $62,776.00 each for a total amount of $125,550.00 the salvage value expected to be received from the smaller trucks at an auction. Page 24 ;~ ..... . January 18, 1994 ~;':i'..Commlsstoner Hatthews refterred to the offer of Wallace :,,:.'-:International for trade-In of the trucks for $?,500.00. She asked i'~.~hat.elnce County Staff feels that the trucks are worth $5,000.00 or : $6,000.00, why are they not being traded In? ;':f Transportation Services Administrator Archibald clarified that the · '~ffer is to buy off the bid unit price, the trade-ins that were 'part of the 1993 bid were the trade-ins of the trucks An 1993. He confirmed that they have agreed to hold the 1993 price and Staff te -.requesting that they be allowed to purchase from that bid at that ;i-'price. He noted that the old trucks would be auctioned off at the next.auction. ,~.:~:~) In response to Commissioner Constantine, Mr. Archibald confirmed !/,:~hat he asked Wallace International about a trade-In but they ':( Co~s~.aatonmr ~aundera moved, seconded by Co~-tsstone~ #orr~a ~nd ~COUNTT BEACH PARKIN~ INTERLOCAL A~REEMENT TO BE CONTINUED FOR THE 'TEAR AND STAFF DIRECTED TO NEGOTIATE AN A~I~EEMENT FOR TH~ NEXT FISCA~ YEAR Public Services Administrator Olllff stated that this item lea that the Board consider the current agreement between the and the City in regard to beach parking within the City. He · )[i~d~cated that this agreement expires on September 30, 1994. ;'11:~/ Mr. Olltff stated that the reason this Item Is before the Board at this time Is so that Staff may determine the cost of the program prior ~.to budget preparation. =' In reply to Commissioner Norris, Mr. Olllff confirmed the Board would have the ability to reinstate beach parking fees. ~eorge Keller spoke on the subject. .- ~'- In response to comments made by Mr. Keller, County Manager Dorrll! Page 25 ~ ~ ~anuary l~. ~994 stated that the current agreement does not require a per vehicle or 'sticker cost. ~Ool~ieeione~ Saunders aoved to continue the prograil requiring ~[%~len. t o~ $X66,000.00 for this current year and to purlme & new ii*contract Nhich wll! begin on October 1, 1994. In response to Commissioner Hatthews, Public Services Administrator Olliff replied that the stickers are available at City Hall and at the Police Station on Goodlette Road. He noted that the Police Station is open on Saturday. ~.. In response to a comment made by Commissioner Volpe, Mr. Olliff i?iConfirmed that Staff does not negotiate agreements without approval of i([,,';',the Board of County Commissioners. He requested direction on whether Board wishes to direct Staff to negotiate a new agreement for the ;~ext'fisca! year. · Oc.~saloner Constantine seconded the motion on the floor. .'~.i~:Upon-ca~! £or the question. the motion carried unanimously. ,~: .(2331) :.:~]~ORT~ ~ Z!~&CT OY CZT/ZKR VOLURTEERS MZTH TH~ PUBLZC SKRVZCKS iDMSTON - R~COGNZZ~D Commissioner Markhews announced that this item was originally ~laced on the consent agenda. She stated that any time the Board has [the opportunity to recognize 2,300 volunteers who have given ~'/$750,000.00 worth of service, the Board should publicly do so. Commissioner Matthews moved, seconded by Co~tesioner Norris, that .the Board of County Commissioners recognize the efforts of the 2,300 /...'clttzlns and the fine Job that they have done. Upon c~ll for the question motion carried unanimously. ~Jl~l Jk~lT IrJ:~B 3A1~S 1~. NOg, Z! FOR ::SHE]LI~:FF'~.OFFICK TO CONTINUK ITS OPERATION OF A MAINT~NANC~ GARAGE FACILITY - CONTINUED TO JANUARY 25, 1994 :' ' ' Michael Dowling, Real Property Special/st, gave a brief history of ~"/~he Lease Agreement with Mr. Nos for Lo~ No. 2 for a five year term. Page 26 it&ted that the original rent was $25,000.00 with an annual 5~ He related that since the commencement of the lease, the ~" lessor has allowed the Shertffts Office to utilize the adjacent lot, ?~ ~which le Lot No. 1, without any charge to the County. ! Mr. Dowling reported that the Sherlff~e Office contacted the Real ~operty Department In December, 1992, for approval to construct a ][:fuel tank on the leased property. He stated that the lessor agreed to ~he construction He recalled that after the fuel tank was constr~cted a County Inspector determined thai the fuel tank could not !~.!:be installed at the County's first location but must be Installed away i/~from the building which would result in encroaching on the Lessor's other property, Lot No. 1. He remarked that the fuel tank was placed ?/..:.away from the existing structures In compliance with County regula- "' He indicated that in August, 1993, the Lessor requested rent for ~..'Lot No. 1. He revealed that the rent for Lot No. ! is $31,500.00 this !=:i'year and the rent for the new Lot was negotiated at $5,000.00 per year. He explained that he negotiated with the Lessor and the Sheriffts i, Offtcs and it was decided that a one year lease with a one year renewal would be appropriate since the Shertff~s Office may possibly vacate the site and purchase one that will be owned by the County. ':./., . Crystal Ktnzel, Finance Director, Sherlff'e Office, stated that f:i~:the Sher~ff~s Office does not anticipate moving from that a~te at the time of construction. She stated that the only anticipation of moving would be based on an analysis of how much the rent will cost in the long term. She stated that a full analysis will be done before the budget period to determine whether It will be coat effective to con- renting the property. ,~.. . . !?: In response to Com~issloner Constantine, Ms. Klnzel replied that iBu~lding Permitting did the survey on the property. County Manager Dorr~11 stated that It ~e his understanding that ~County Staff was not responsible for this particular project. He com- ?'mented that the work was done through a contract with a ~eneral :,:.:. Page 27 January 18, 1994 that was employed by the Shertff'm Office and the County did not partkclpate In the construction agreement. He noted that ks a contknuing zoning Issue because of the ancillary structure i;that ks on an adjacent property without a primary structure. Ms. Ktnzel revealed that although a General Contractor was r~employed, the County handled the surveying and permitting. County Manager Derrill announced that if the Board wants more it will be provided. He assured the Board members that "the County's Permitting Department does not do site surveys. Commissioner Constantine asked how the County constructed a tank "/on property not leased to the County? He requested this information ~i. Commissioner Saunders suggested that the item be continued for one week. Ms. Kinzel requested that the issue of the lease for the Sheriffts be addressed at this time. Cc~!ukoner Saunders moved to approve the lease on the M~u~t~au~ce (~ara~ and to continue the hearing on the Fueling to the mtkng of January 25, 1994. Commissioner Norris seconded the ~; Commissioner Volpe commented that the lease expkred in November and since the County has already paid the rent for January, both lease 'issues could be continued to the meeting January 25, 1994. ~ Co~lmekoner Saunders agreed to --end his motion and Commksskonsr ~.'..Norrke I~endad hkm second to contknum both lease issues to Januar~ 25, X994. ~:. Upon call for the questken, the motken carrked unanimously. !::,'. ' see Rmcemmed~ 12=07 P.M. - Reconvened.* 12~35 P.M, ess FI~FI~CTION ORDINANC~ (!lPO) AND TH~ NATURAL R~SOURCKS ~ FRO(I~VJt/4 (NIqPA) - STAFF DIRECTED TO D~IN~ NI~PA AREAS FINDINGS TO TR~ BCC Bill Lorenz, Environmental Services Director, explained that the :~ Board directed staff to provide information on the NRPA Program and Page 28 January 18, 1994 that a list of potential NRPA*s is included in the Executive smammzT. r Mr. Lorenz advised that Page 5 depicts a prioritized list of sites :? that were selected and ranked by the Environmental Policy and :!.Technical Advisory Board (EPTAB). Be Indicated that the Gordon River i:.:' System should be Inserted between Items 5 and 6. Mr. Lorenz Indicated that the Fiscal Impact Statement on Page 3 /~ describes the time and effort required by Staff to process a variety of NRPA*a., He noted that there Is a wide range In fees, based on the fact that some NRPA*s are much more complicated than other NRPA~s. Commissioner Volpe mentioned that there is an organization that Is , mapping NRPA~s throughout the three County area and pointed out that there may be a duplication of effort. ~,.'~?:'; ' Mr. Lorenz stated that there are a number of agencies that map these type of systems to Identify them as Important natural systems. :i'd.He noted that this is not a duplication of effort. He remarked that the NRPA system is more than mapping systems and each NRPA would have ,a series of mechanisms that the County could adopt for protection put- 'i:::' Commissioner Volpe commented that the group that is mapping the areas is also developing strategy for protection, preservation and acquisition. ii!','i(., Mr. Lorenz replied that the group is Identifying areas for pur- of local government to recognize the importance of protection. )He said that at the State level the protection is acquisition. Mr. Lorenz requested that the Board give Staff a policy direction. In response to Commissioner Norris, Mr. Lorenz replied that the :State accepted the Growth Management Plan to the degree that it met the:minimum requirements for environmental protection. He revealed that as the program developed It was recognized that the County wanted to go beyond the minimum requirements of protection. .:~.!~.~' Commissioner Norris noted that in his discussions with Florida Page 29 January 18, 1994 Game and Fresh Water Fish Commission (FGFWFC) regarding Marco Beach, '11'~he primary Justification for defining a critical wildlife area is :ifShat It is the only place south of Marco Island that Ie suitable to ~.protect wildlife, yet according to the executive summary, the barrier ~i.i~beaches are used for nesting/resting for wildlife. He asked which of the two le correct? · :%"'Dr. Fran Stallings, Natural Resources Director, replied that the ii..FGFWFC stressed the importance of the Sand Dollar Area, but did not ~).'lntend to imply that other areas are not important. Commissioner Constantine asked why other agencies do not consider ,land habitat a priority? i!?CMr. Lorenz remarked that he believes that other agencies do feel ~[that it is a priority item but have been unable to propose regulations /~.hecauee it is difficult in that this ts the area left over from dave- lopment after wetlands have been taken into consideration, Commissioner Constantine Inquired as to how the process would be itrIggered? Mr. Lorenz responded that the original proposal included a flow chart that depicted sites that EPTAB provided. He said that Staff · 'worked on those sites and used that information to hold public ?:.workshops with the property owners. ~'; .I'n.response to Commissioner Constantine, Mr. Lorenz stated that the County does not have funds for land acquisition, but if one of the i: 'primary mechanisms is using the areas for off-site mitigation those areas could be traded off. In response to comments made by Commissioner Constantine, Mr. Lorenz indicated that in order to manage lands once they are tn public ownership, arrangements would have to be made to offset that cost and have some private organizations accept that responsibility. Commissioner Saunders recalled that at the Environmental Workshop was established that it is sometimes more cost effective to purchase than to provide service. Commissioner Matthews agreed with Commissioner Saunders. She Page 30 January 18, 2994 out that Staff was asked to prepare a benefit analysis and ~i!~eiterated that she would like to see the list of benefits. ,":':~ : Co~issloner Volpe remarked on several points and confirmed that he does want to see certain areas protected. Be indicated that he doss not know if these areas are already being protected and i'.?:-questioned If they are, whether the community is satisfied with the protection mechanisms? He questioned if the County wants to use .(another method than what already exists, how much additional money it cost versus the benefi~ received? ' Mr. Lorenz replied that any fragmentation of the permitting system 'to that minimal degree Is not acceptable in terms of the Judgmen~ of ' the ~A progru, therefore, Staff t8 trying to develop a mechanism ~:: ~hat maintain8 that system intact. He concluded that if the County ~chooses to protect a system, ~n a re~la~ory perspective, there .~be a cost to ~he Comfy or ~o a developer as a resu~ off Co~lesioner Volpe revealed that the analysis does not provide areas need protecting, what other governmental entlt~es consider ~;?as m area that need ~rotecttng, ~hat ~echantsms are in place and whether they are satisfactory. Mr. Lorenz replied that page 4 describes the shortcomings of the egulatory Agencies. ;?COatatesioner Volpe co~uaented that there are organizations other Regulatory Agencies that are Involved tn an acquisition He asked where they fit into the overall analysis of the )': shortcomings of existing organizations? ' Mr. Lorenz replied that the County a~opting these areas as NRPAte ~lll help to support those other agencies. ~ "' $$' At this ti~ Recording 9ecrmtar~ Fernlay replaced The following people spoke on ~hAs A~em. David Addison Gary Beardaley ' Barbara Cawlay Bill Neron ,' Berrie 'Gulacalk Mark Morton .: :-. Co~lssioner Matthews questioned how Collier County could "strengthen environmental protections on the Ten Thousand Islands when Page 31 Sanusry l~, Federally owned. i~'"William Lorenz, Environmental Services Division Administrator, .,.explained that avenues are available for designating sites for State, Federal and County mitigation programs. Mr. r. orenz stated that areas exist in the Ten Thousand Islands that the County is responsible for .~uch as speed zones. v,. D~. Fran Stallings, Natural Resources Department Director, informed that there are a number of privately owned parcel in the Ten Thousand Islands. Dr. Stallings stated that they are included as a NRPA because the area will be an integral part of the Manares ~Protection Plan. Dr. Stallings stated that the County can impose ions beyond the Federal Government standards. In response to ~ Comaissioner Matthews, Dr. Stallings pointed out that NRPAs will be ~.County wide but the Manares Protection Plan will be an important Component of the program. [?" Dr. Stallings stated that there is a moratorium on the expansion ,:~of existing or the construction of new marinas and the Manetee Protection Plan must be developed and approved in order to remove the "moratorium. Dr. Stallings informed that one unit per 100 feet of .ti'~linear shore line is allowed under the moratorium for marinas. In response to Commissioner Volpe, Mr. Lorenz stated that more ~i 'ire~ulations are not required to protect certain areas but the County ~:~ needs to address the protection mechanisms, and the gaps for each ~lndividual NRPA. ~! ~, . Commissioner Constantine stated that we needs to look at the long ~)term costs, efforts by other governments and agencies and possible .changes to the Growth Management P~an which should not occur until the County has the analysis of where gaps in protection exist. Commissioner Volpe stated that the Growth Management Plan does not ?uneed amending if existing resource protection areas are identified and · the Oounty lists them as NRPAs. Commissioner Saunders pointed out that there is a~ways a conflict between the development communl~ and the environmental protection 45 Page 32 Sanusry 18, ~994 community. Commissioner Saunders stated that our build-out study Indicates that by the year 2020 there will be 470,000 to 500,000 people in Collier County with the regulations presently in place. ., Commissioner Saunders Indicated that by reducing regulatory restraints, we could have approximately 1.5 million by the year 2050. Commissioner Saunders stated that only by government regulation and acquisition of property will we control the population Issue. Commissioner Saunders stated that the environmental Issue should be on itop of the list of priorities because of water resource limitations 'and governmental service costs. Commissioner Saunders commented that .'),"- an expanding population does not reduce service costs but could cause ,.:~/,, Collier County to reach its tax levy cap. · ', Commissioner Saunders stated that transportation, tourism and i~i.'agrlculture are important components of our economy and steps must be taken to protect the environment or we will damage our economy. Commissioner Saunders stated that the NRPA and HPO Programs need to be developed and acquisition of habitats needs to be explored. i,;,: In response to Commissioner Constantine, Commissioner Saunders · '<replied that the citizens would vote for an ad valorem tax levy to ~'/'fund acquisition of lands. '" Commissioner Constantine stated that 76 to 80 percent of land is either set aside or in the process of being set aside to address the ~ ,., 'j :,, ~.. ,wat'er issue and the densities allowed in Collier County ts less than 'other Counties. Commissioner Saunders stated that acquisition of property should '.::be done now as densities could be changed in the future by other Collier County Board of County Commissioners. Commissioner Volpe stated that existing environmental protection ::'mechanisms need'to be analyzed for the 25 percent of Collier County which is not privately owned before land acquisitions are made. Commissioner Volpe explained that we are not assuring densities by purchasing additional lands and It is an expensive proposition. Commissioner Norris stated that Collier County land development Page 33 ~anuar¥ 18, 199& codes cover environmental Issues in the urban areas. Commissioner .g0rrie explained that it is the Count¥'s responsibility to develop .... areas as environmental conscience as possible without duplicating '~ efforts of other agencies. Commissioner Norris reiterated that to fulfill the requirements of our Growth Management Plan, we can ~nate already specified areas as our NRPAe and further regulations can be developed in the future within the NRPA. · ',, Coe~ieeloner Norris moved that areas already designated ae environnentall¥ protected by State and Federal Agencies be designated '.';.,.:;~ a~ Collier County lRPAa and that Staff cease work on the Habitat Protection Ordinance, ascended by Commissioner Constantine ' Commissioner Volpe stated tha~ there are areas which are not pro- tected by State and/or Federal regulations that Collier County needs '.to protect. Connieeisner Norris withdrew hie motion. Co~atseIoner Volpe moved, seconded by Couteetoner Saunders and ,~!'~ carried 3/2 (Commissioner Norris and Commissioner Constantine opposed) to direct Staff to develop guidelines for identifying areas for con- sideration as Natural Resource Protection Areas then determine those ~:i~: areu already covered by State and/or Federal regulations, con- :;~:' sideration of the Habitat Protection Ordinance to be kept in abeyance ?"until IIRPAs have been established and report back to the Board within · Co~aleeionor Natthew~ ~oved, ascended by Commissioner Saunders and ,~:'carrAedu~ani~ousl¥, that Staff prepare a plan on how transfer of dave- ,';': lope~nt rights ~ay assist Collier County. ... Ils leOell: 2:30 P!,I - Reconvened= 2:38 PN (aO0), :. ~:.: TO FUND PROPERTY C&$UALTY IN~URAIqC[ COaT~ FOR Edward Finn, Office of Management and Budget, stated that the pro- ;,i.i~,;perty casualty budget for the Clerk was not fully funded during the budgeting process through an oversight. Page 34 $anuer¥ 1~o 1994 .~:~:?." Comtiselone~ Vo~pm moved. seconded b~ Commissioner Io~s ~d · ~ .c~lg ~inily, to a~r~ a ~Ot ~n~nt for 128,500 to ~8H2 ~~ ~S ~T~LZSHZN9 ~ GP~TZHG B~ET ~R ~ :'~ ~LX~ O~Z~ OF C~XT~ ~O~CTS ~G~ - ~~ BertIn Karplnskt, Office of Capital Project Management, stated !.~that no extra funds are being expended Just transferred. ~ ~. . Conuntssloner Matthews stated that the original estimated cost to consol/date was $17,000 and now it Is 823,000, plus another $22,000 to ~::!.~i:move computer e~lpment. ':.Mr. Xarptnsk! stated that upgrading of computer software was necessary after the consolidation in order to complete In-house deslg~ ~..work and to ru~ at full potential. Comm/aeloneF lotrio moved, second~ by Commissioner Volpe ~. c~Fted 3/2 (CommtssioneF Ssundsrs ~ud Commissioner Matthews opposed) to appFov~ Imdg~t madmeats establishing an operating b~dget foF the :; Consolidated 0£rlce of Capital Pro,acts M&negement. Commissioner Volpe stated that Staff should provide the Board an overview of all that is involved in the consolidation of the cap/- ..~'.tal projects o~flce, t.e additional budget amendments/transfers. .(76?)-, ,f'Ztem#10& :' ]LtSO~UTI0I G4-2~ 19~IPPOZBTZNG JOID CONFZI~IZIG 1~lqB~l~ ~0 T]~ OCH0~ :-J~RI COITRO~ DZ~fRZCT ADVZ80RYCOI~rXTTEB - ADOPTED Administrative Assistant to the Board Fllson stated that after · issuance of the Executive Summary. she received a letter from i'i~:'.~vergladee City confirming the appointment of their representative to the Ochopee Fire Control District Advisory Coulttee and he should also be included In the Resolution. Co~m~lilOner Norris ~ed, licond~ ~ Con/el/CheF ~tt~ ~ ~1~ ~l~ly, t~t Michel H~t ~d T. ~thony Brock ~ rea~ ~t~ ~ ~leo R~ol~ ~ confl~d ~ Mm~ro to the Ochers ~, ::,./ , Page 35 soo~ 000~,~ 49 Page 36 ~ Coauaiseloner Saunders stated that he received a letter from Edward ,:/Morton, representing Naples Community Hospital, on January 12, 1994, clarification of the motion accepting Naples ComBunity , Hospital'e Managed Care Program as it appears that Collier County will enter into a managed cars contract with both Naples Co~aunlty )ital's Physician Hospital Organization and Healthadvantage PPO ~: Network. ~i;~ ComBtssloner Saunders explained that the County needs to eliminate ~th~ appearance that we are going to enter into two (~) contracts. Co~iseloner Saunders stated that a memorandu~ was issued by Staff ,!!indicating that "Pursuant to the Board'e dtrectlon~ the County wtll be : entering Into a Managed Care Contract with the Naples Community ~'Noepttal Physician Hospital Organization (PHO). The County will also access the Healthadvantage PPO Network." Commissioner Saunders stated that the last sentence Is causing confusion. Commissioner Saunders quoted excerpts from the verbatim transcript .. of Xtem #8E1 from the Board of County Commissioners meeting of :::i. Dscember l&, 1993 dated January 12, 1994. : : Couissloner Saunders explained that it is acceptable for an e~ployee to utilize another provider but the formal agreement will be between Collier County and Naples Community Hoepits! and that there would be no steerage or Incentives to utilize other facilities. Commissioner Saunders stated that the sentence "The County will &los access the Healthadvantage PPO Network." should be stricken and a new memorandum distributed to all employees. Commissioner Constantine stated that there has been no inducement, ;we are Just providing an option. Commissioner Saunders stated that several networks were listed in '~lj::!:[the ~xecutive Summary but the memorandum mentioned only one other pro- vlder which would Indicate steerage. Page 37 :~;~:~eard Morton, representing Naples Conunity Hospital, stated that '!'i"i~ you enter Into conversations or negotiations with two managed care ?'.'organizations and compare rates for Identical diagnosis. the coin- .,~,~r~ce falls u~n the shoulders of Collier County employees because 'is a differential and that has been Interpreted as steerage. Morton stated that the proposal by Naples Community Hospital and physicians was made presuming access to the majority of Collier .;County employees and that there would be no financial Incentive, Reaming less coinsurance or less of a deductible, for people choosing :not to access Naples Colunity Hospital. .. Mr. Morton explained that Naples Co,~unlty Hospital wants to work il;}?,wlth Collier County and become a partner In healthcare management ;Mr. Morton stated that concessions and significant adjustment have beenl&da In response to the volumes which would be brought by public e~ployee ~roups tn Collier County. Mr. Norton clarified that hospital i(rates have been frozen at 1993 levels and a discount for processing invoices within 30 days has been offered. Mr. Norton explained that the wellness progra~ and responsible living program have been made available to Collier County employees as well as significant savings for out-patient laboratory services not :~i.avallable to the general public. Xn response to Centseisner Constantine, Mr. Norton explained that savings would be approximately 5 percent for Collier County employees. ~.,., ;. Mr. Morton stated that Naples Community Hospital does not object 'to employees seeking competitive pricing when looking for a provider but they do object to the County openly seeking and negotiating with other providers. Leo Ochs, Administrative Services Administrator, stated that ~mplSyees are going to utilize facilities outside Naples Community Hospital because there Is no steerage requirement in their proposal. Mr. Ochs explained that he was trytng to indicate to the employees that they arm not required to utilize Naples Co.unity facilities ~xcluslvsl¥ but .a. not atte.pttng to steer or go against the dlrec- Page 38 January 18, 1994 the Board. Norton ateted that there is no objection to Collier County lng..employeee with other rate schedules as long as rates are not for diecount, Nr. Norton explained that the proposal offered by Naples Community ,Itel, its physicians and affiliated organizations, wae offered the Intent that Collier County would enter Into a contract and the savings, prices and the appropriate discounting would have done as a function of being the contracted nanaged care provider. . Norton stated that there should be no attempt to negotiate .~:contracte with other sanaged care groups and that Naples Community Hospital would be Collier County's managed care provider for the iceling fiscal year. i:~'~' Comm~ssioner Norris stated that Staff can request fee schedules 'i'~15(frol other providers and supply same to employees but they cannot ~ienter Into negotiations or contracts. Ooo~teeloner 8anndare etated that the nenorandu~ le to be a~ended reference to other healthcare providers and redlstributed to Page 39 January 18, 2994 At this time Recording Recrstmx~Z B~rbiretti replaced Recording ~': ''' Secretax~Z FernlatZ ': ~ .:;. Commissioner Constantine announced that he placed this item on the agenda and recalled that Staff had been directed to talk with private Industry regarding tn.tallatton. :.::':i' Co--l..ion.r Constantine revealed that thI. It.. will lt .ly come before the Hoard sometiaa In February as an Ordinance. He requested that prior to that Staff discuss this issue with private Industry before the hearing to clarify the items in contention. In response to Commissioner Norris, Mike Arnold, Utllitiel Administrator, Indicated that this Ordinance must be adopted before the Department of Environmental Protection does Its next sanitary Commissioner Norris asked if the County must enter Into a program, ,-would this be new construction or retrofit? Mr. Arnold declared that both retrofit and new construction must addressed as tt is a va~ue issue. ~4 i.~!i?,' Commissioner Norris agreed that complete documentation should be :::presented when this issue is heard. He remarked that installation of '-backflow preventors on new construction would not be a problem but to "hays property owners retrofit and access them for It will be dramatic. County Manager Derrill agreed and etated that the citizens should be able to choose to have the program done and paid for by the County ~:~or at their discretion have their own plumber do the work. ,ii:'i;;' (k~mi~mionmr Oonmtmntine directed Staff to work with privmte :h~:,',~ Mr. Arnold agreed to work with private industry and to bring back "' to the Board any distinct differences of opinion. :/.? ~mmimmlonmr Constmntlnm alms directed Staff to prmmwn~ colq)late ": ,00K55 P&ge 40 u ~anu&ry 18, lgg4 'In response to a couent made by Connieeisner Volpe, Mr. Arnold )lied that a public workshop will be held at the Ordinance hearing. Xtma .~AOD VA~,a~f. Off ~ ~~ ~ORI~ - DE~ Administrative Assistant to the Board Filson announced that there a vacanc~ on the Airport Authority. CoemAasionsr Saunders moved, seconded b~ Comissioner Norris and ;/:.ic~A~ledunanie~aely, t~at the vacanc~ on the Airport AuthorlWbe £te~' #i4A ~I~TAL ~O~OP - TO B~ ~ ON MARCH 3, A994 AT 6~00 P.M. Con~issioner Saunders announced that the Environmental Workshop will be held on Harch 3, 1994, at 6:00 P.H. Zt~ d~I4B 8TKI"F DXI~L~'~D TO DZSTRIBOT~ COPZZS OF ~ZA ~LI~ TO ~ ~~ ~ .Connieeisner Saunders expressed interest in the Media Policy which ~.'.(has been discussed at a previous meeting. In response to Commissioner Constantine, County Nasaget Derrill replied that he was d~rscted to share any information concerning this issue. He reported that he provided s copy of his Administrative :ii.~,.'Pollc~, which is seven years old, to Chairman Constantine. : Commissioner Constantine clarified that Staff be directed to "dAetribute s copy of the Hedta Policy to all ~oard members for review to determine if At is appropriate and being adhered to. !~'ADV~T~OA~DV~I~Zr~ - POLICY D1FF~X~ TBAT VACA~CIB~ B~ FILLBD Advisor~ Board has a total of 6 vacancies. CoumissIoner Constantine remarked that the Parks & Recreation He etated that it has been Page 41 the'policy of the Board to wait for recomendattona. He remarked that :~thesa vacancies have remained open for a few months. Administrative Assistant to the Board Fileon revealed that she for~e~rded all resumes to the Parks & Recreation Advisory Board on November 29, 1993, and it is her understanding that interviews will began in the latter part of January. Commissioner Constantine expressed him concern regarding the length of time necessary to fill these positions. He inquired if ['.there w~e any interest in pursuing a policy determining a tame fr~e for reco~endation of appointments. He. Filmon asked Af the Advisory Board policy could be changed :"?[: 30 day~ ~d whether a resolution will be prepared? Co~XssXoner Const~tine replied that this ~s Just a policy. Co~issloner Norris suggested that rasher than 30 da~s, one '[ ~eet~ng should be established as a deadline for a reco~endatAon. 4X ~ ~ ~t~l~ ~ a ~l~ne fo~ a rec~n~t~ r~d~ng ~A~ ~. O~/)~ TO B~ ~LRD ON F~UARY 15, 1994 - MIITZ~G CONFIRMED . County Hanager Derrill announced that County Attorney Cuyler asked :~/~.that the Board confirm that on February 15, 1994, a public hearing wall be held to process an amendment to the Cable Ordinance. ~'i!. ~AIIO~ OF MATER FAOXLXTX~ FOR 8TKRL13~O O&~ PHASE X MATER (~DI~T/~-~ ~ BTXZ~TXOI8 JkB LXBT~D XX '~ I~OXI~X3t~ ~ "W*?K'O:... RECQRDED IN O~ B00E 1923 PACES 2082 - 2089 Page 42 :.JI~'~PTAICI OF MATII:R AND SEWER F&CILITI~S I~R COLLIERIS ~ T~ STIPULATIOIIS AS LISTED IN THE mC~TI'V~ NOTE: DOCUHKNT ROT RECEIVED AS OF HAY 9, 1994 04-22 R~ FREL~SARY ACCEPTAlICE OF ~ ~0L~ION 94-23 ~ ~ ~C0~TION 0F 0~~ ~. 91-2~, ~ CO~I~ ~ 22 ~ - ~ ~I~ ~ ~ m~ sMY :,Ira el~Cl - Norad to Item #8C2 COT~I~ COUi~f~ PARES MID RECRIATION POLICY AIID R]ZI~ALING&RD ~UP~I~DI~ 92-552, 92-644 &lid 93-94 !:':f' *' See Pages Irma #16C4 BID 93-o132 !~R L~JITRA~ fOR 8B3~XORS' 110MEMAEXRG SERVXCES- AMARDED TO REALT!! J~FRCE 1~ THI ANOOJlT OF $80,000 FUllD'(~00) !l:~'~O:~ PROO~CT~D R,t'V~RUB ~ CRLItTIIIO APPROFRIATIOIr~ TO J'UJID Tll IVALUATZO~ OF TEl CUIq:RE]~ 800 J4HZ COI~UJIZCATION SYBTIM Zt~ #1~1 Page 43 3anuary 18~ 1994 ~ ~~ COlETInCT #203& IEXTH NXTC~Lr. ARD STARX: COI~TRUCTXOI FOR ,MFDXTXO~ ~131TXt,,L I~&X~ TO TI~ GORDON RZV~t lNl~ G&TIN;ILT~RLEVIL COITRO~ ~TRUC'I'UIU~ XRANJOiOUITIOT-TO-~XCIED · ! Xtel ~ '::II:~)GIT ~ XI ~ JtJ4C)OIrT 01' $42,000 ~OR ~ 2,09 '1"O XqtC)YXDI /'OR LAlal NA~ EqUXIRJER~ JLIID C01TLqtACT LABOR /OR ~ FIX,XW B&Y SKRVICKS DZVZBX01 ,... ~.. N/~CILLIIZOU~ COR!I:Z~POIDIXCZ - ~ZLID &lID/OR The following mLscellaneouo correspondence was flied and or referred ae presented by the Board of County Co~mlsetoners: Page 44 *:*?:;}i: ' 3anuar¥ lB, 1994 .[:. ~fl'F~A'r~ OF COI~R~CTZO!I TO ~ TAX ROLLS AS Plt~S~IT'~D BY T~ 3,993 TAX ROF..L 130 01/04/94 132/136 12/30/93 139/140 01/04/94 3,993 TA~XBL~ P~I~01~ I~0P~RTY [:..: ~ATI~F~CTIO~ OF LI~ FOR S~RVIC~ OF TR~ PUBLIC D~ND~R See Pages There being no further business for the Good of the County, the meeting was adjourned by Order of the Chair - Time: 3:45 P.N. BOARD OF COUNTY COHNISSZONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF SPKCIALD~.~T~TRICTS UNDER ITS ''These ;ainutea approvad by the Board on-~.~ presented, or ae corrected Page 45