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BCC Minutes 10/27/1981 R ......\I"I!~.¡ ~.I¡\!I>I~,..~. jIIi,.~lt!iIIl. .11._IUJ._/iIJIII . '. r ItMIMI_IQI:.. .1,III'tV,w.lll1.'".. -_!:!~."'I_',",~~· , I;;;;;) L .J r:::J -....-...........-......._.. f"'-'. .. .... ............." . Î .., ¡?"- -- t r ~..... v- .. r I f , \"... \ ,' .. Naples, Florida, October 27, 1981 " 1\ \ ~~« LET IT BE REMEM8ERED~ that the Board of County Commissioners In and for the County of Collier, and also acting 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 ~.H. in R~gular Session in Building -F- of the Courthouse Complex with the \ :~ ~~~ .' following membft~s present: CHAIRMAN: John A. pistor C.R. -Russ- Wimer Mary-Frances Kruse David C. Brown ABSENT: Cll Hord Wenzel ALSO PRESENT: Willi~m J. Reagan, Clerk; Harold L. Hall, Chief Deputy Clerk/Fiscal Officor; Darlene Davidson, Deputy Clerk; Donald Pickworth, County Attorney; Irving Berzon, Utilities Manager; C. William Norman, County Manager; Douglas Lees, Administrative Assistant/Community Development; Danny Crew, Planning Director; Lee Lðyn~, Planner; Jeffory Perry, Zoning Director; David Davenport, Plans Compliance Supervisor; Clifford Barksdale, Public Works Administrator; Grace Sp~ulding, Administrative Aide to the Board; and, Raymond Barnett, Deputy Chief, Sheriff's Department. Page 1 ~~l~~ 065 fAGE 344 .. .... .. .. ... , -- " ~,. . ..._'\. \-. _ ",..._ _.. _ .. h _ ~~. . .. . .. _ ...... 4·..t.._ .. ,'.- -_.. October 27, 1981 BCJ~ 065 fACE 349 * * * Commissioner Wenzel was absent this date as reflected by votes of 4/0. ,"'f * * * AGENDA - APPROVED WITH ADDITION AND DELETIONS Commissioner Wimer moved, seconded by Commissioner Brown and carried 4/0, that the agenda be approved with the following addition and deletions: l. Acceptance of Treetop Sewer System - added to Utilities Manager's Report. 2. Recommendation foe allocation of budgeted amount for participation in a remote sensing applications course/workshop by two Planners - withdrawn, as requested by staff.(9-A3) 3. Recommendation to adopt helicopter policy and procedures - deferred for two weeks, at the request of the Sheriff.(9-C2) 4. Recommendation of award of contract for EMS delinquent bill collection services - deferred for one week. (9-C5) 5. Emergency item added to italicized agenda re proposal to adopt an ordinance providing ðn exemption from examination in the issuance of Certificate of Compentency for specialty contractors - deferred for two weeks at the request of the Building Code Compliance Director. I MINUTES OF PROPERTY APPRAISAL ADJUSTMENT BOARD MEETINGS OF SEPTEMBER 24 & 25, 1981 AND REGULAR BCC MEETING OF SEPTEMBER 29, 198~ - APPROVED AS PRESENTED. Commissioner Wimer moved, seconded by Commissioner Kruse and carried 4/0, that the minutes of the Property Appraisal Adjustment Board meetings of September 24 and 25, 1981 and the Regular ace Meeting of September 29, 1981, be approved as presented. t , , , Page 2 . .... -.. . ,- .... .,."",.. .... - ....... ... .,. ~- - .. - , ~'J ... - ...... ..... .-- .t - ..- - .. ..-.. .~... October 27, 1981 EMPLOYEE SERVICE AWARDS PRESENTED TO RONALD HOUGH, RO~D DEPARTMENT, FOR lO YEARS SERVICE AND OLÏVER FUSSELL, ROAD' BRIDGE, IMMOKALEE, FOR 5 YEARS SERVICE Chairman pistor presented Employee Service ~wards to Ronald Hough, Road Department, for lO years service and to Oliver Fussell, Road' . Bridge (Immokalee) for 5 years service. Mr. Hough was present to accept his award and was congratulated by the Board. RESOLUTION OF APPRECIATION TO MOORINGS PARK FOR DONATION OF MOBILE OFFICE UNIT (R-8l-23S, ADOPTED lO/20/81) - PRESENTED TO MELVIN ~REDGE, MOORINGS PARK, INC. Having read the resolution of appreciation to Moorings Park for the donation of a mobile office unit to the County, Chairman pistor presented Resolution 81-235, which was previously adopted on October 20, 1981, to Mr. Melvin Alldredge of Moorings Park, Inc.. Mr. Alldredge thanked the Board for the resolution and for the cooperation and friendly, interested, assistance that he has encountered from the County throughout the development of Mooring_ Pa r k . ORDINANCE NO. 81-63 ADOPTING THE 1979 EDITION OF THE STANDARD PLUMBING CODE WITH 1980 and 1981 REVISIONS AND REPEALING ORDINANCE 76-69 - ADOPTED, AS AMENDED Legal notice having been published in the Naples Daily New_ on September 25, ðnd October 2, 9, and 16, 1981, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider the adoption of an ordinance adopting the 1978 - 79 edition of the Standard Plumbing Code including appendixes ~,B,C,D,E,F,G,and illustrations with 1980 and 1981 revisions to the 1979 edition_ amended. eCj~ 065 PACE 350 Pa9. 3 . . ... . .. . . . ... .. - . ..-.-.--",.., .., .. ----.., .. ; .. " .. , ~oo~ 065 pÅ~E361 October 27, 1981 Building Code Compliance Supervisor David Davenport outlined the general background related to the many workshop meetings held with various plumbing contractors and the Tri-County Plumbing Assoc., Heat\n9 and Cooling Contractors Association, and other interested parties pursuant to the development of the proposed ordinance. He referred to the information outlined in the Executive Summary, dated d 8/28/81, adding that he considers it imperative that the proposed ordinance be adopted. In answer to Commissioner Wimer, Mr. Davenport stated that those persons who attended the workshops favorably concur on the proposed ordinance. Mr. Davenport referred to a memorandum, dated lO/19/81, from Wayne Scamehorn, Building Director, requesting two changes to the drafted ordinance before the Board today as follows: 1. SECTION THREE: REPEAL OF PREVIOUS ORDINANCE Ordinance No. 76-b9 is hereby repe~led effective January 1, 1982. 2. SECTION SEVEN: EFFECTIVE DATE This Ordinance shall take effect January l, 1982. Mr. Davenport explained that the above-referenced changes will allow , for a -time lag·, whereby the contractors, architects, and buildinq department employees will be fully informed of the chan~es. There was a lengthy discussion regardin9 Section Two, Sub-section 1204, Protection of Potable Water Supply. Commissioner Kruse asked if this provision which stated -any connections to a potable water supply must be performed by a licensed Master Plumber as described in Section 302.-, would preclude a private homeowner from installing his own connection, specifically his/her own private well? Supervisor of paCJe 4 !'r:' :":.ï." :{it. ';~~ "~\I .},~;\ ,,;~ "y.' I ,~'".;.,~: . ~'I .~ ~ _r.... .. ,-,,.., -..... ~-- - :..I ',;-...i ,\~~~ ""~; " , ,,' (':"'-... .....\,.., ,...~ October 27, 1981 Inspections Landon Woodcock explained" that the intent was not to preclude people from connecting to their own well, rather, the intent is to enforce th~ need for inspections of all work, when completed. When asked if it is necessary to stipulate within the proposed Ordinance that private well connections do not require the service. of a Mðster Plumber, Mr. Woodcock stated that it is not. He explained that the proposed Ordinance adopts the Southern Standard Code, which outlines this particular matter clearly. The discussion continued, including the possiblity of adding some clarification on this matter, specifically, that the subject sub-section refers to -public· or 'f· ,~ ~ -central- potable water supplies, as explained by Mr. Davenport. County Manager Norman stated that the proposed ordinance requires thðt fixtures that incorporate water conservation features must be used. Mr. Albert Taworski, owner of Tower Plumbing, spoke in favor of the adoption of the subject ordinance. Mr. Paul Jackson, owner of Jackson Electric and a member of the Tri-County Plumbing Association Code Committee, spoke in favor of adoption of the subject ordinance, noting that he has attended the many workshops and he believes that it is important that this ordinance be adopted. County Attorney Pickworth stated that he has discovered a typographical error in Section One, line 4. He recommended that the word, ~is· be inserted after the word -herein-. The discussion continued regarding the need for clarification in the provision discussed earlier regarding the need for a Master Plumber for ~C~I\ 065 rACE 352 Plge 5 .. .. . .. . ... . . ... '. .. . .. -. ~ . - - .... .. - ... - ... ...- ---..... ...-...- '. , "'j.C: i .I.!,.,~ ,.".. .'. ".,':J. ~:':',~' .......... ·0 _.. 0.- .._......_.. .... ... . .. .. ~OÖK 065 PACE 3~ October 27, 1ge1 connections to potable water supplies, after which it was decided by consensus that the word ·central· should be Inserted between the words · in· ðnd ·potable- in Sect ion Two, sub-section 1204, line 2. Commissioner Kruse moved, seconded by Commissioner Brown and carried 4/0, that the public hearing be closed. Commissioner Wimer moved, seconded by Commissioner Kruse and carried 4/0, that the Ordinance ðS numbered and entitled below be ðdopted, including amendments recommended in the memorandum from Mr. Scamehorn; corrections pointed out by Mr. Pickworth; and the inclusion of the word -central- as concurred to by the Board, ðnd entered Into Ordinance Book No. 13. ORDINANCE NO. 81-63 AN ORDINANCE ESTABLISHING THE -COLLIER COUNTY PLUMBING CODE- BY ADOPTING THE ·STANDARD PLUMBING CODE, 1979 EDITION- INCLUDING AP- PENDIXES A, B, C, D, E, F, G, AND ILLUSTRA- TIONS, AND AMENDMENTS TO THE -STANDARD PLUMB- ING CODE- 1980 AND 1981 REVISIONS TO THE 1979 EDITION, AS PUBLISHED BY THE SOUTHERN BUILDING CODE CONGRESS INTERNATIONAL, INC., AS AMENDED; Å~END SECTION 106.2 FAILURE TO OBTAIN A PERMIT, AMEND SECTION 106.3 SCHEDULE OF PERMIT FEES; AMEND SECTION 107.2 NOTIFICATION; AMEND SECTION 107.5(a) - METHODS OF TESTING DR~INAGE AND VENT SYSTeMS; AMEND SECTION 302 DEFINI- TIONS, AMEND SECTION 602.14 JOINTS FOR PLASTIC PIPE AND FITTINGS; AMEND SECTION 704.2 LOCA- TION, AMEND SECTION 704.5 BASE OF STACKS; AMEND SECTION 905.1 FIXTURES, AMEND SECTION 1204 PROTEC~ION OF POTABLE WATER SUPPLY, REPEALING ORDINANCE 76-69 AND PROVIDING FOR CONFLICT, SEVERABILITY, PENALTIES AND PROVID- ING AN EFFECTIVE DATE. Note: The amended document was not prepared in sufficient time: therefore, it has been re-ðdvertised and will be considered in ðnother public hearing Dec. 22, 1981. Pa9. 6 . . . ~ -- . - .. .............' -,... ... .....' ...... -c October 27, 1981 MOTION TO ~DOPT ORDINANCE INCREASING FLOOD ZONE VARIANCE FILING FEES - FAILED Legal notice having been published in the Naples Daily News on eOctober e, 1981, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider amending Ordinance 79-62, the Flood Damage Prevention Ordinance, by increasing the charge for each variance ~pplication. Planning Director Danny Crew stated that, pursuant to Board direction, all filing fees for petitions that are administered by his department h~ve been reviewed. He explained that after thorough study of the time required to process applications for variances to the FDPO, an ordinance has been rrepafod that will increase the filing fees for processing the subject applications to $150. Mr. Crew explained that, unlike other fee increases that may be established by resolution, this particular fee requires that Ordinance No. 79-62 be amended by the adoption of an appropriate ordinance. Mr. Crew said that the proposed ordinance stipulates that future changes in the subject filing fee may be changed by resolution rather than ordinance, which is the method staff feels is most appropriate. In answer to Commissioner Kruse, Mr. Crew stated that the Planning staff processes between 17 and 30 of tho subject roquests annually. Commissioner Kruse moved, seconded by Commissionr Brown and carried 4/0, that the public hearing be closed. Commissioner Brown moved to deny the staff's request to adopt the subject ordinance which would increase the filing fees for FDPO variances. Commissioner Wimer seconded the motion ~hich failed 2/2, with Commissioners Kruse and Pistor opposed. ~c~~ 065 PACE 354 Page 7 . .. . . .~.. ,. .. .... . .,. - .....""~. " - ... .... .. ... _.~_.. ..,1. ....,. __ ...... .. '... .. .... - "þ.-o..-- -- ~. - October 27, 19a1 QK . 065' PÅ~E 355 There was a discussion as to whether or not this matter may be deferred until there is a full Board present, during which County Attorncy Pickworth stated that motions should be made in an affirmative manner. He explained that, at that point, the Board may vote favorably or negatively on a positive action. Also, when a motion for posit~ve action results in a -tied- or ·split- vote, that motion fails and the relative action which is being voted on is denied. Based on Mr. pickworth's recommendation, Commissioner Kruse then motioned to accept staff's recommendation and adopt the subject ordinance. Chairman pistor seconded the motion to get it on the floor and, upon call for the question, the motion failed, on a tied vote, with Commissioners Brown and Wimer opposed. There was a discussion as to whether it would ~e appropriate to offer another motion to continue the matter for a week, during whic~ Mr. Norman stated that, according to the newly adopted Board policy, only ð member of the Board lhat voted with the majority may motion to bring the matter back to the Board for reconsideration. County Attorney Pickworth explßlned that the Board has taken final action on the matter and, because there was no -majority- vote, the motion failed. RESOLUTION CWS-Bl-9, ADOPTING THE PRELIMINARY ASESSMENT ROLL FOR WILLOUGHBY ACRES WATER AND SEWER IMPROVEMENTS, AS PREPARED BY THE CONSULTING ENGINEERS, AS THE FINAL ASSESSMENT POLL - ADOPTED, CLERK AUTHORIZED TO ISSUE WRITTEN BILLS TO EACH OF THE AFFECTED PROPERTY OWNERS INDICATING THE AMOUNT OF WATER AND SEWER ASSESSMENTS ADOPTED AT THE PUBLIC HEARING Legal notice having been published in the Naples Daily News on October 11, 1981 as ~videnced by Affidavit of Publication filed with P49C1 , .- ...... v .. - ..... ...... ...., . ... .~ . .~"; , '..... .. \,> ii, ~" " ;'.- .~¡ ;~ '. .. g: ~~ .;!f: ~, I' ..~., $¡: ;~ '," t' Y r-, . j , . I........ . -.....~. Òctober 27, 1981 the Clerk, public hearing was opened to consider the confirmation of the preliminary assessment roll for Willoughby Acres water and sewer improvements, as prepared by the District's consulting engineers. Utilities Manager Irving Berzon stated that the water and sewer improvements for the Willoughby Acres Subdivision have been completed and that this public hearing has been scheduled to hear objections, if any, to the relative assessments for each. He referred to the Executive Summary, dated lO/l6/81, which outlines the final costs for each, including $476,955.23 for water, which translates to a preliminary assessment, per front foot, of $10.713; and, $1,203,965.32 for sewer, which translates to a preliminary assessment, per front foot, of $28.756. He explained that these ligures are representative of the total project costs for both the water and the sewer. Mr. Bcrzon recommended that the Board approve the assessment roll as it is presently developed by the consulting engineer as final; accept the total project costs as outlined above; and authorize the Clerk to the Board to send each affected property owner a written bill indicating their respective assessments for this project. In reply to Commissioner Wimer, Mr. Tom Peek, representing Wilson, Miller, Barton, SolI and Peek, quoted the original 1978 estimate lor the water as $8.76, adding that, prior to construction and during the public hearing, the estimate was revised upwards to to $11.44. Mr. Peek stated that the original estimate for sewer project in 1978 was $22.61, which was revised to $29.43 during the public hearing_ Page 9 BCj~. 065 PACE 356 . ··--·t-- .... .... """". .......4í',... . , . .. -. ... "," _.~... ,. '. BP~K 005 rACE 357 October 27, 1981 Mr. Peek asked that the record reflect that the method of assessment that was used for determining the assessment footages was based on the front footage of the property, as recorded in the record books in the recorded plat of Willoughby Acres and that, for tho se parcels that are not a part of a recorded subdivision, the descri ptlons of property as provided by the Tax Assessor were used. County Attorney Pickworth stated that the purpose of this public hearing is what is called an "equalization hearing·; this is not the time where the total cost is discussed. He said that the costs have been determined some time ago and that what should be considered is any person who, by some individual configurations of their respective parcel or based on some other factor, considers that the levy of the standard assessment on their particular parcel is unfair. He noted that there was no bod y here to object on that basis and he asked Mr. Peek if, bðsed on his knowledge of the project, he knew of any such areðs thð t the Co un t y should consider, in the interest of fairness, regardless of whether or not anyone objected? Mr. Peck replied that, to his knowledge, there is not. He said that the assessment method he previously described was used tor all those single frontages along a platted street. He said that, for corner lots, where there are double sides to a parcel, the Ghortest side was used, based on the theory that the shortest side wos still long e r than any single frontage lot and it would not be equitable to charge one property twice. Re fer ring to parcels that were on cul-de-sacs, al though this only occurred once in this particular subdivision, the typical lot size along that street approaching the Page 10 .J - .- .. - ..... . .;.. I'}/. _ \. .p,' ,~: .'"~\ ~>i :~ :"", "":. 11'~ ì'H ~ ~'" r ':'t ~':¡;"'.',',' " i\ '~~ :'~; )".. )F: :~' " .~~. " r' , October 27, 1981 .. cul-de-sac was used for dètermining the assessement. Mr. Peek stated this is an assessment method that was used when assessing the Kelly Road water line system and, therefore, it has had a basis in history and prior usage. Mr. B. J. Albercht, 231 Johhnycake Drive, objected to his assessment, claiming that he has already paid $1,120, when he applied for his permit for sewage connection which included $550 for the sewer system. He stated that he ~as not been able to obtain an explanation, however, he believes that the $550 representes some of the preliminary assessment costs for the sewage system. He also asked why the County did not proceed with applying for Federal funds for this project as I they did for Palm River and North Naples. County Attorney Pickworth stated that there wero no grants available, however, the funds will be paid through a Federal loan which resulted in an interest rate of only 5\, which Is substantially lower than what would have been available on the general market. Mr. Berzon addressed Mr. Albrecht's comments about the $550 item he paid for the sewer related item, stating that this represents a -systems development· charge for the sewer and has nothing to do with the assessment. He said that all the property owners within the project knew that the systems development charge would be applicable in this case and that the same is true for the water. Referring to Federal assistance, Mr. Berzon stated that the record should· reflect that because of the rpquest from on~ of the subject property owners to go through FmHA financing in 1978, the County lost over one year's time in getting FmHA approval on a loan. He Baid that . Page 11 :.;:~ 065 ~AGEa58 - ',," ....---.. , .. _.. . ~- . ~ .. "-". ....A . . BG~K" 065 rAGE 259 October 27, 1981 what was accomplished was that the FmHA loan is based on a 5' interest rate, versus approximately 8\ interest for a conventional loans, which is the current interest rate. However, said Mr. Berzon, during the course of that year, the County lost the eqive1ent of about 22' - 25' of the total cost for construction due to inflation. He said that this is reflected in the large increase from the 1978 estimates to the present assessments. Mr. Frank Rich, 267 Burning Tree Drive, objected to being assessed $4,400.00, bßsed on 112 ft. frontage, because the property is located at the end of a dead-end street. He said thðt he is being charged for the full 112 ft. and is not sure that the lines travel that far or if they just go to the corner of his lot. He also asked if the assessment will be payable over twenty years? Chairman pistor replied affirmatively. Mr. Rich asked what the interest rate will be for the payment of the assessment? Mr. Berzon stated that it will probably be -a littlo over- 6\, because the County borrowed the money at 5\ and that there are administrð~ive and service charges that equal about l' that must be added. Referring to Mr. Rich's concern about the length of the line to his property, Commissioner pistor stated that this method of assessment is standard procedure, adding that as long as he is receiving the service, he is being assessed his porportionate share of the cost, based on an equitable method whereby each property owner is assessed the same thing for each front foot of property he/she owns. He stated that it is immatorial as to where the lines are placed or how long they are. Page 12 \ , '.J .'~.\';., :,.):":, _. ~ '.", '", r ,~; ¡; i,.' ",-. .1." , . "- ~L ~: ¡~; I :%~ !J.~ ',~; ¡~S¡: "1'i, ' i"":¡ 1t; ~W:, '", . ,r. '-- October 27, 1981 Mr. Nelson Clavert, 187 Kirtland Drive, asked if the County has contemplated improving the roads in Willoughby Acres? Mr. Barzon stated that the road improvements were ~ot a part of this particular project, with the exception of the main east/west and north/south arterial roads, which will have to be excavated. However, he said, in about 6 to 9 month, when the -settlement- from the water/sewer project takes place, the road improvements under an MSTU should be underway. Commissioner Wimer moved, seconded by Commissioner Brown ðnd carried 4/0, that the public hearing be closed. County Attorney Pickworth suggested that the specific motion inlude the adoption of the preliminary assessment roll, as already prepared by the Consulting Engineer, as the final assessment roll and to authorize the Chairman to sign the formal resolution to that effect, which he will prepare. Commissioner Wimer moved for approval of Mr. Berzon's recommendations including the adoption and execution of Resolution CWS-8l-9, as recommended by the County Attorney. Commissioner Brown seconded the motion which carried 4/0. pag e 13 ~~~~ 065 fACE 960 , - . ... .. ~"...........~.- ~ " . -. ._- . ...__ _....-_ ~..__.. __.. _... .... Jo... , .. ~. ... ..... BC~F. .065 ~AGE 363 October 27, 1981 ADVERTISING AUTHORIZED FOR PUBLIC HEARING ON NOVEMBER 24, 1981 RECON- SIDERATION OF PETITION R-80-42C, INK ENGINEERING, INC., REPRESENTING SEAGO GROUP, INC., RE DENIAL ON 5/26/8l OF SAID PETITION REQUESTING REZONE FROM RM-l, RM-2, RM-1ST, TO PUD FOR PROPERTY KNOWN ~S CYPRESS HEAD. Planner Lee Layne stated that this is a request for a reconsideration for petition R-80-42C, filed by Ink Engineering, Inc., representing Seago Group, Inc.. She said that the subject petition, ... , ' < 1"' ' . . KJOJ 'I: r:9ue'sting a. re,zone from RM-1, RM-2, and RM-lST t'6 pun ;as !denied:~on .~·t1~ May 26, 1981, by a vote of 4/0, with Commissioners Kruse, Pistor, Wenzel and Wimer voting against the petition and Commissioner Brown voting in favor of the petition. Commissioner Wimer asked if a Board member asked that this matter be reconsidered? Chairman pistor stated that he did. Commissioner Brown moved, seconded by Commissioner Wimer, that Petition R-AO-42C be reconsidered. County Manager Norman asked for a specific date for the reconsideration and there was a lengthy discussion as to whether not there is a need for readvertising for a public hearing. Commissioner Wimer stated that he would not favor the Board approving any rezoning without advertising that it was going to be before the Board and the public knew about it. Commissioner Kruse ðgre~d. Mr. Pickworth stated that he sees no problem with readvertising the petition. He said that the relevant Ordinance does not include such requirement for reconsiderations of rezoning petitions, however, the reconsideration must appear on an advertised ðgenda. He said that this means that it cannot be an -add on- item on an agenda whcn it comes up for reconsideration. paq. 14 ....." . ..- . J" .. '. .. ~ f ,-. I - ........... October 27, 19B1 Commissioner Wimer said that he believes that the Board should take another look at the subject ordinance and amend it so that it is a requirement that reconsiderations of rezoning petitions be readvertised. He said that he considers that acting on a reconsideration for a rezoning without advertising it as a pUblic hearing defeats the purpose of holding an advertised publtc hearing in the firs~ place. Mr. Pickworth stated that, from the legal standpoint, it is not necessary, however, if the Board chooses, advertising the reconsideration is acceptable. He further stated that this could also be added to the ordinance. Commissioner pistor asked that the motion be amended to include the authorization for advertising for a public hearing for November 24, 1981 and the motioner and seconder agr~ed respectively. There was a general discussion regarding the appropriateness of this ~ate for the public hearing, i.e. whether this date would allow the 30 day advertising requirements to be met for a public hearing for a rczoning; whether or not the advertisement could be submitted to the newspaper in time for it to be published within that time frame. County Attorney Pickworth stated that the date was satisfactory, however, Ms La yne s tat ed that the advertisement wo u 1 d have to be submitted today in order to meet the thirty day deadline. Commissioners Brown amended the motion by chang 1 ng the date to December 1, 1981 and Commissioner Wimer agreed to second the amended motion~ Attorney Rich~rd Grant, representing the petitioner requested that he be allowed to address the Board. He stated that, while his client Page 15 aCJ~ 065 ~ACE 364 .. .. . ~ . . - t" - ßOO~' 0 65 ~ACE 365 October 27, 1981 has no objections to the matter being handled as an advertised public hearing, he feels it necessary to point out that, as he interperts the relative ordinance, when the Board adopts ð motion to reconsider, the reconsideration should take place in not less than 15 days and not more than 30 days. County Attorney Pickworth agreed. County Attorney Pickworth stated that the Special Act which govornG rezone petitions only requires that the advertising give 15 .... days notice. He recommended that the motion be amended to set the public hearing back to November 24, 1981. Commissioner Wimer asked the Planning staff if this is acceptable and Planning Director Danny Crew concurred, adding that this is really a "courtesy notice" rathor than a required advertisement. Commissioner Brown so amended his motion ~nd Commissioner Wimer agreed. Upon call for the question, the motion to authorize the advertising for a public hearing on November 24, 1981, re reconsideration of Petition R-80-42C carried 4/0. STAFF DIRECTED TO CONSIDER REVISION OF ORDINANCE NO. 81-54 BY INCLUDING A REQUIREMENT TO ADVERTISE ALL RECONSIDERATIONS FOR REZONING PETITIONS ^S PUBLIC HEARINGS Commissioner wimer requested that Ordinance No. 8l-S4 be redrafted and that rezone petitions that are to be reconslderd be treated in the same manner as a new rezon~ petition as far as advertising for a public hearing. He said that this is only fair to the Board, the petitioner and the public. There was a discussion as to exactly how many days notice would be required for the advertising and Commissioner Wimer clarified his Pagf: 16 '- ,. ~ , r--.. I": .~_.. -" ................,J¡¡...........___... October 27, 1981 request by stating that he wants all reconsiderations of rezones to be advertised exactly as law requires for public hearings for an original rezone petition. Planner Lee L3yne stated that, according to Chapter 163, of the State Statutes, passed by the Legislature about l-1/2 years ago, they are required to be advertised 30 days prior to the date of the public hearlng. Mr. Pickworth stated that he would clarify the number of days and appropriately incorporate this in the proposed amendment. Commissioner Wimer agreed. After a brief discussion Commissioner Wimer moved, seconded by Commissioner Kruse and carried 4/0, that the staff prepare an amendment to Ordinanc~ No. 81-54 whereby all reconsiderations of rezoning petitions are advertised as public hearings in the Same manner as is applicable to original rezone petitions. FINAL PLAT APPROVED FOR COLLIER COUNTY PRODUCTION PARI<, PIIASE ONE, SUBJ~CT TO STIPULATIONS Planner Lee Layne stated that the Engineering Department of the Public Works Division has reviewed the construction plans, specifica- tions and final plat for the Collier County Production Park, Phase One and recommAnds that the Final Plat be approved, subject to the plat not being recorded until such time as the County receives approved security. Utilities Manager Irving Berzon requested that the Board also attach the stipulation that the subject development be required to connect into a central sewer system when it becomes available. Page 17 &0:)" 065 PACE 366 . - .. ... ~ -.......,¡....... ~"... . ." . . '\ \ . bC~~ Q65 PAGE 367 October 27, 19a1 Commissioner Kruse moved, seconded by Commissioner Brown and carried 4/0, that the final plat for Collior County Production p~rk, Phase One, be approved subject to the aforementioned stipulations, as outlined by Ms. Layne and Mr. Berzon. ATTENDANCE AT THE NATIONAL FIRE PROTECTION ASSOC. LIFE SAFETY CODE SEMINAR BY BUILDING PLANS COMPLIANCE SUPERVISOR - APPROVED Commissioncr Wimer moved, seconded by Commissioner Brown and carried 4/0, that travel to and attendance at the National Fire Protection Association Life Safety Code Seminar November 2-5, 1981 in Da11a9, Tcxas by the Auilding Plans Compliance Supervisor be authorized. GOVERNOR TO BE REQUESTED TO RECONSIDER HIS APPORTIONMENT TO THE MPO TO MORE CLOSELY FeLLOW THE EXISTING POPULATION RATIO OF NAPLES URBAN ARE~ Douglas Lees, Administrative Assistant/Community Deveiopment, recapped the information outlined.within the Executive Summary dated 10/22/81, regarding what has happened since the Board of County Commissioner's adopted a resolution and transmitted a letter to the Governor, recommending that he reappottion the MPO to five members, with three being designated by the BCC and two by the City Council. He said that the City Council was requested to act upon the subject Board action and that, during their October 21, 1981 meeting, thoy decided by consensus to take no action to support the Board'. Resolution. Also, the City Council directed the Mayor to contact the· Board and express the City's £~eling that a reduction in the number of \ . .J .. ft.... .,1'-. ,_'.. """' ~ .'-........ Q~tober 27, 1981 MPO members was accoptab1e, but that the City would like to see the ratio of members from the ~ity and the County equal. Chairman Pistor stated that he has had a conversation with several Councilmen and the Mayor of Naples and he reported that they are adðmant that the composition of the MPO must be equally divided between the City and the County, regardless of how many members are appointed. He said that Commissioner Kruse offered the suggestion thnt there be an equal number of representatives from each side that would be voting members and one non-voting member who would act as Chairman. He said that the Chairman would be appointed by the County and would only vote in the case of tie. However, the City Council has also objected to this suggestion, said Chairman Pistor, based on the principle that the County would have the controlling vote. Commissioner Wimer moved that the Governor be requested to reconsider his apportionment to the MPO so that the membership more closely meets the existing population ratio of the Naples Urban Area. Commissioner Kruse seconded the motion. Chairman Plstor stated that he has been informed that a letter from the Governor is forthcoming at this time and that it indicates the Governor's acceptance of the proposal which was requested by the Board upon adopti~n of the Resolution mentioned earlier. However, he added, the Governor has said that this approval is contingent on the City of Naples agreeing to the proposal. This was discussed at length, as was the Ci~y's position on the matter. Upon call for the question, the motion carried 4/0. ... Page 19 eo~~ 065 fAGE268 . . . . ~. . . . ~ .. ...~'...,- -........ .. ..t, .' .. ., . BQ~~ ,065 PAGE 369 October 27, 1981 Chairman pistor indicated that, in the meantime, he would continue to negotiate an equitable agreement with the City of Naples. There were no objections from the members of the Board. PLANNING STAFF DIRECTED TO PROCEED WITH UPDATING PRECINCT MAPPING FOR ELECTIONS OFFICE; STAFF TO REPORT ANY SUBSEQUENT ADVERSE AFFECTS TO BCC APPROVED LIST OF PRIORITIZED WORK PROJECTS FOR PLANNING DEPARTMENT Planning Director Danny Crew referred to the Executive Summary dated October 22, 1981, which he referred to as the Planning Department's response to Board direction to report on the impact of the assistance to the Elections Office in updating precinct mapping. He explained that two precinct maps have been completed thus far and the work yet to be completed is much more complex due to the condition of the corresponding addressing maps. He said that he may find himself in the position whereby he will have to come back to the Board and ask. for some outside ðssistdnce to redo addressing maps. He said that he does not think that it would be fair to charge this to the Supervisor of Elections, however, the work she is requesting cannot be accomplished without good addressing maps. He said that the Planning Department does not have sufficient staff to do this work and he has no estimate of the costs involved. He said that, otherwise, his department can do the work, adding that it is to be understood that the Planning Department will be slow in putting out any graphic assistance work for the Board or any department that may request it over the next several months. Commissioner Wimer stated that this Is unacceptable to him. He said that he was under the impression that the Planning Director was pag. 20 - / . --' . '". -/Þ ...., ......, ..... r-, I Oètober 27, 1981 going to come to the Board with detailed information of what effect the mapping work was going to have on that department's proposed work program. He said that Mr. Crew's stating that there is going to be -slippage" is too general and he requested more specIfic information, i.e. which projects are expected to -slip back-? Dr. Crew replIed that virtually everything that the Planning Department does that has anything to do with graphics will -slip-. He said that he has looked ov~r the entire "work project priority list" previously approved by the Board for the Planning Department, and all of these projects will be affected by the precinct mapping work. He said that the immediate impact is on the Zoning Ordinance, and this is the only one that cannot slip because of the time frame involved. Commissioner Wimer stated that this whole idea of "slippage" is unacceptable to him. He said that if the precinct mapping cannot be absorbed, then the PlannIng Director should tell him how m3ny additional people are needed to get the work done in a timely manner without putting the County at a -standstill". He clarified this by adding, -this is the way I expect this County to operate-. Regarding additional personnel, Dr. Crew said that this would not benefit the Planning Department because of the expertise required to do the job. Chairman Pistor asked Dr. Crew to name which specific projects will have to be -pushed back on pr ~rity for timely completion-? Commissioner Wimer ~dded that he expected this to be included In the report and all he has heard is that there wIll be -slippage-. Pag. 21 60J^ 065 PAc£37Q . ,.,'.....---- .. . -' -.. . .. .:.- \..-. . BD~~ 065 PACE 9'11 October 27, 1981 Dr. Crew said that when looking at the priority list, hè could not determine which projects would be affected. He said that the mapping would effect all ongoing work in the Planning Department. Commissioner Wimer replied that the Board's request was that the prioritized work program list be addressed and because this was not done, the subject report is unacceptable. County Manager Norman said that, as he understands Dr. Crew, the problems lies in the ·unknowns· as to what the size of the project will be, etc. regarding the work on the precinct mapping. He asked Dr. Crew when he would have a better -feel- of that. Dr. Crew stated that as soon as the more difficult precincts are initiated he would know more as to how much effort and time would be required. He did not give any specific date and Commissioner Wimer asked him if he needed one more Wr.0K t.o rr(~r'Hp. ¿) prf)por rp'pf)r,t., rounty M,I,Inaqer Norm"," suggested two weeks might be more accurate. Dr. Crew said that, regarding each priority individually, he just docs not know what the effects will be. He explained that he cannot project this uccurately, bccauGe of th~ -pl")int in progress- of other projects, where graphics will be needed. In answer to Commissioner Pistor, he said that he has no way to project how long it Is going to tako to complete tho precinct mapping. He said that he was operating on an estimate of 12-l3 man hours for each individual precinct. He said that if was found that this is the time it took for the first two, which are the two easiest precincts to complete. He explained that thio kind I")f project has never been done before and that thero is no bants on which to project an estimated time-frame. paq. 22 '-1 ..- -.. ....- October 27, 1981 County Manager Norman explained that when this project is completed, its -spin off- benefits will include the County's ability to . straighten out and complete accurate addressing maps. Dr. Crew agreed. Commissioner Wimer requested that the record reflect that he has no problem with the Planning Department continuing to do the precin~t mapping1 he is concerned about the lack of specific information within the subject report. Commissioner pistor asked Dr. Crew if he would be more ~peciflc at that point in time when he has hðd more experience with doing the work on the more difficult precincts? Dr. Crew replied affirmatively, explaining that the Supervisor of Electionq' priorities happened to be the two easiest precincts to complete. Commissioner Wimer said that he has always encouraged the project for the Supervisor of Elections to progress, however, he will not sanction ð -blank check- for ·slippðge- in the Planning Department. He said that if the Planning Department has a problem, he expects them to come back to the Boðrd with thðt problem and seek a solution. Dr. Crew made tho commitment that, if he sees that any specific project on the priority list is going to be affected, he will immediately schedule a meeting with the Board to inform them of this and to take direction at that time. Commissioner Wimer moved that the Planning Department is to proceed with the understanding that the projects prioritized by the. BCC are not interefered with änd, if it is foreseen that one of these projects may be affected, the Planning staff i. to come immediately to the Board with specific information and seek direction. Commis.ioner ~ruse seconded the motion which carried 4/0. &O~K 065 PAC£ 972 'ag. 23 . I ea~~ 065 fACE 373 October 27, 1981 * * * RECESS - TIMEz lO:07 A.M. - lO:20 ~.M. * * * SUPPLEMENTAL AGREEMENT ISA-Ol, FOR BID 1423 (GOODLETTE ROAD EXTENSION) AND BID 1424 (AIRPORT ROAD) - AUTHORIZED FOR CHAIRMAN'S SIGNATURE, COUNTY ENGINEER AUTHORIZED TO NEGOTIATE AND EXECUTE TWO ADDITIONAL PENDING SUPPLEMENTAL AGREEMENTS IN AN AMOUNT NOT TO EXCEED 10' OF COST FOR ADDITIONAL WORK ON GOODLETTE ROAD AND ADDITIONAL RIGHT TURN LANE ONTO GOLDE~ GATE PARKWAY FROM AIRPORT ROAD Public Works Administrator Clifford Barksdale referred to the information outlined within the Executive Summary dated 10/15/81 and explained the Supplemental Agreement *SA-Ol, related to Bid '423 (Goodlette Road Extension) ðnd Bid #424 (Airport Road), and recapped the portions of the agreement that will be affected, including pursuant increases in costs. Mr. Barksdale also explained that there are two additional supplemental agreements which have not been finalized at this time,- relative to addItional work on Goodlette Road and the construction of a right-hand turn lane onto Golden Gate Parkway from Airport Road, for which he requested authorization to negotiate and execute when complete, in an amount not to exceed 10\ of the cost for the projects. Commissioner wimer moved, seconded by Commissioner Brown and carried 4/0, that Supplemental Agreement 'SA-OI, be authorized for the Chairman's execution and that the County Engineer be authorized to negotiate and execute the two additional Supplemental Agreements, as recommended by Mr. Barksdale, in an amount not to exceed 10\ of the cost for the relative projects. Page 24 ..... '~;r -' October 27, 1ge1 EXC~V^TION PERMIT NO. 59.130, BRISSON ENTERPRISES, INC. - SECTION 20. T51S, R27E - ISSUED, SUBJECT TO STIPUL~TIONS AND APPLICANT SUCCESSFULLY OBT~INING A PROVISION^L USE RE S^ME PROJECT Public Works Administrator Clifford Barksdale explained that the applicant, Brisson Enterprises, Inc., is requesting the issuance of Excavation Permit, No. 59.130, to eXCdvate fill dirt for the construction of Auto Ranch Road and Riggs Road, on a contract with the County. He said that the excavation will take place in the south half of Parcel 58, Section 20, T51S, R27E, and that approximately 17,lOO cubic yards of material will be excavated. Mr. Barksdale reported that the subject excavation permit application has been reviewed by the WMAB and that it is recommended for issuance, subje~t to the following stipulations: 1. No pumping is to take place without specific approval of the S ¡':'a~ 1) . 2. Thoro Shðll be no blasting. 3. All applicable provisions of Ordinance No. 80-26 shall be ðdhored to. Mr. Barksdale said that it is his recommendation that the subject excavðtion permit should bo issued, subject to the aforementioned stipulations as well as subject to the applicant successfully obtaining a provisional use for the excavation project. Commissioner Brown moved, seconded by Commissioner Wimer and carried 4/0, that Excavation Permit No. 59.130 be authoirzed for issuance, subject to the WMAB stipulations and the applicant successfully obtaining a provisional use for the excavation project. Page 25 600~ 065 PACE 380 &s:~ 065 fAGE 381 October 27, 1981 PRELIMINARY ACCEPTANCE OF WILLOUGHBY PLACE SUBDIVISION GRANTED; CONSTRUCTION SECURITY RELEASED; MAINTENANCE SECURITY ACCEPTED. Public Works Administrator Clifford Barksdale stated that the construction of WillQughby Place Subdivision has been completed in complianco with the approved plans and specifications and that the Engineering Department has inspected the project and recommends that the Board grant Preliminary Accceptance of the subdivision; the release of construction security (Irrevocable Letter of Credit in the amount of $70,951.32 from Citizens National Bank); and, the acceptance of the one-year 10\ maintenance security (Irrevocable Lettor of Credit No. 81-9, in the amount of $6,023.00 from Citizens National Bank). Commissioner Wimer moved, seconded by Commissioner Brown and ~ of carried unanimously, that the Willoughby Place Subdivision be granted Preliminary Acceptance; the aforementioned construction security be' released and the maintenance security as outlined above be accepted. " .. Page 26 " . I' .,. .. <It . 'ßC:~ 065 PACE '383 OCtober 27, 19a1 RESOLUTION 81-237, AUTHORIZING THE CHAIRMAN TO EXECUTE THE TERMINATION AGREEMENT WITH THE FDOT RE JOINT PARTICIPATION AGREEMENT FOR THE PUBLIC TRANSIT SYSTEM - ADOPTED Public Works Administrator Clifford Barksdale stated that, pursuant to Board action on September 22, 1981, whereby the County Engineer was authorized to notify the Florida Department of Transportation of the termination of the Joint Participation Agreement for the Public Transit System, the FDOT has requested that an official Termination Agreement be executed along with an adopted ResolutIon authorizing the Chairman to execute said Agreement. Commissioner Brown moved, seconded by Commissioner Wimer and carried 4/0, that Resolution 81-237, authorizing the Chairman to execute the aforementioned Termination Agreement with the FDOT, be c!ldopted. Page 27 . - .'. -- . , . ,.-.-. . October 27, 1981 TWENTY FOOT DRAIN^GE EASEMENT FROM GOLDEN G~TE UNITED METHODIST CHURCH, INC. - ~CCEPTED FOR RECORD^TION Public Works Administrator Clifford Barksdale reported that the Engineering Department is requesting that the twenty foot utility easement which encompasses an existing drainage pipe which has to be located in its present locations due to existing utility conflictions be Dccepted from the Golden Gate United Methodist Church, Inc., and pr6perly recorded. Commissioner Brown so moved, seconded by Commissioner Kruse and cðrried 4/0. Page 28 &O~K 065 PACE 386 . October 27, 1981 LEASE WITH CITY OF NAPLES AIRPORT ~UTHORITY RE PROPERTY SURROUNDING HELICOPTER OPERATIONS CENTER - APPROVED FOR CHAIRMAN'S EXECUTION, SUBJECT TO FINAL APPROVAL OF SUFFICIENCY OF CONTENT BY ,COUNTY ATTORNEY AND COUNTY MANAGER Public Safety Administrator Thomas Hafner stated that, pursuant to the Board's approval of use of the MVI station on Ai rport Road as a . helicopter operations center, and because the building, which is owned by the County, lies on property owned by the City of Naples Airport Authority, 12,000 square feet of the surrouryding property must be l~ased from said Authority Cor use by the County. Mr. Hafner stated that the Authority has agreed to lease the land to the County for $.l5 per square foot. H~ further noted that the Authority has notified the County of a few minor changes in the lease as it appears in the Executive Summary, dated 10/12/81, and, therefore, he is recommending that the Board authorize the Chairman to execute the new lease upon it being approved for sufficIency of content by the County Manager and the County Attorney. CommIssioner Wim~r so moved, seconded by Commissioner Brown and carried 4/0. Note: Lease not received in Clerk's office as.of 11/13/81. BO~K 065 PACE 388 pag. 29 . · ßD~" . 065 PAGE 389 October 27, 1981 TRAVEL AND ATTENDANCE AT AMERICAN AMBULANCE ASSOCIATION CONVENTION AND TRADE SHOW, NOV. 2-6, 1981, IN NEVADA - APPROVED FOR EMS DIRECTOR Commissioner Wimer moved, seconded by Commissioner Brown and carried 4/0, that the travel and attendance at the American Ambulance Association Convention and Trade Show, from November 2 through 6, 1981 by the EMS Director, Douglas Greenfield, be approved.· *Thls was discussed later in the session, during which Chairman pistor asked the Board if they wished to reconsider this approval since the Board had taken formal action to make the billing procedures for EMS services a permanent function of the Clerk's Office. At the end of the discussion, it was the consensus of the Board that no further action be taken and that the approval of the subject travel stands, because the convention will encompass areas of interest besides billing procedures, which will be beneficial to the EMS Director. CLERK'S OFFICE DIRECTED TO IMPLEMENT PROCEDURES FOR PERMANENT BILLING AND COLLECTIOt" RESPONSIBILITIES RE EMS SER9'ICES Commissioner Brown moved that the staff recommendation, as outlined within the Executive Summary dated 10/15/81, which ~tates that the Collier County EMS D~partment should assume responsibilities of billing and collecting for ambulance service, effective November 2, 1981, be approved. Commissioner Kruse asked the Public Safety Administrator if all tho items listed as necessary within the Executive Summary have been budgeted or if the EMS budget will have to be increased? Mr. Hafner replied that, because of the need for software requirements, a CRT and a printer, the original proposed budget for EMS billing operations of Page 30 -......:? ~,' · October 27, 1981 $20,000.00 will be increased by approximðtely $16,000.00, making the total projected costs approximately $36,000.00. Commissioner Brown withdrew his motion. Commissioner Kruse asked Fiscal Officer Harold Hall if the method whoreby the EMS billings are bQ~ng processed through the Clerk's office is creating a hardship? He r~plied that they are not, however, most enterprise funds handle their own billings becaune this is an intregal part of that service delivery, such as the case of customer service for the Utilities Division, the collection of charges for buiding permits for Building Code Compliance Division, etc. He said that this is a function which fits in best when run in conjunction with the primary activity. Chairman Pistor said that he can see how this would be beneficial, especially when there is a question from someone related to specific charges on their EMS bills, i.e. the EMS personnel would be better acquainted with the various charges and be better equipped to explain them. He said that this would eliminate the time it takes the Clerk's office personnel to research these kind of questions and it m~kes sense to him that all the records should be in one place. Mr. Hall explained that after bllling and collections procedures are completed, the receipting and accounting of the records would be completed by the Clerk's Office_ in ~h~ same way as all other enterprise ~ .,., funds and in no way would this interfere with that particular funclion of the Clerk. He said that all revenues to the County fall under the purview of the Clerk in this ~anner. Commissioner Wimer stated that he believe. that the Clerk has don. a fine job thus far and he would prefer to s.e the billing and paCjl. 31 eO~K 065 fACE 390 . ßQ~~ 065 PAr.E 391 October 27, 1981 collection for EMS services continue to be a function of the Clerk's Office. Clerk Reagan stated that he has no strong feelings about this, one way or the other, however, ho explained that the billings and collections for the EMS are being handled on a temporary basis at this time and the EMS Department will have to come back to the Board regarding costs in the future because it is being run on a very small system at this time and arrangements will have to be made for a permðnent system if the Board so chooses. He said that the fifth floor computer operations are not involved at this time. County Manager Norman concurred, adding that the computer and software costs involved will have to be considered regardless of who doc~ thn ·"',)ck. (j~ ~¿' id thd~ it wi1] i.1so involve a substantial improvement in record keeping which is important for proper analysis of the system being incorporated into the program. Commissioner Wimer said that he understands that, no matter who does the work, it will cost mont:!Y. Commissioner Wimer moved, seconded by Commissioner Brown and carried 4/0, that the Clerk's office be directed to implement permanent billinq ~nd collection responsibilities for the EMS. Commissioner Wimer said that, while he is not making a motIon to that affect, he feels that the billing and collection responsibilities for tho Utilities Di\lsion should also be a Clerk's responsibility. He referred to the explanAtion of these procedures for enterprise funds outlined by Mr. Hall earlier, and said that he sees a big difference between people paying for a building permit by writing a check when Page 32 .~,.... .......-..,...... M"..---...~........ - ......-..~...--..... , . ......--..........,/IIIIfIII' ,.....-. ,- _.......- ................ - __ ~.. ~....., ... . '.: _. ,"'-' October 27, 1981 they come to the Courthouse and the administration of the blll1n9 and collection procedures for the entire Utilities Division. Commissioner Pistor said that he sees no difficulty in doing this sometime in the future because practically all of this Is already on the computer at this time. Commissioner Wimer clarified that, at this point in time, he is just expressing his opinion. DISCUSSION RE PETITIONS RECEIVED FROM NORTH NAPLES RESIDENTS REGARDING ANNEXING INTO THE NORTH NAPLES FIRE CONTROL DISTRICT - LEGISLATIVE DELEGATION TO BE NOTIFIED BY LETTER THAT, BECAUSE OF UNCERTAINTY AT THIS TIME REGARDING AVAIL^BILITY OF SERVICE FROM NORTH NAPLES AND/OR GOLDEN GATE FIRE CONTROL DISTRICT, THE BOARD PREFERS THAT SECTIONS 29 AND 32 REMAIN IN FIRE DISTRICT NO. 1 Public Safety Director Thomas Hafner explained that a four page petition has been received from the majority of the residents of Sections 29 and 32, T48S, R26E, which is currently within Fire Control District No.1, who ðre requesting that these two sections be annexed into North Naples Fire Control District. He said that he feels that th~ residents would be best served by the Golden Gate Fire Control District, which currently serves this specif~c area as part oç the contract for Fire Control District No. l, becðuse the response time Is . less from that station than from tha North Naples fire station. He said that the response time from North Naples may be further slowed down by the proposed construction for 1-75. He said that he would recommend that the Board take no action and that the petitioners reconsider their pet¡,lon and continue to receive the fire protertion from Golden Gate Fire DC!'oartment. Pa9- 33 eOQA 065 PACE 392. t:~:~ 065 P~.CE 393 October 27, 1981 In answer to Commissioner Pistor, Mr. Hafner said that the North Naples Fire Control District already has submitted a request for legislation to annex the subject sections into their district. Commissioner Wimer agreed that Golden Gate Fire Department is closer, at this point in time, however, he said that he understand's that North Naples Firo Control District will be locllting a firehouse on Immokalea Road which would then put North Naples closer. He moved that the Board take no action; that these areas remain in Fire Control District II; and that, because of the uncertainty of the futuro availabiliy of fire protection, the Legislative Delegation be notified by letter of this decision. Commissioner Brown seconded the motion which carried 4/0. BID' 5 20 (MA I NTENANC E CONTHACT fOR ELECTR rc TYPEWRITERS) AWARDED TO NAPLES BUSINESS EQUIPMENT & SYSTEMS CORPORATION, IN THE AMOUNT OF $10,463.94 AND $30.00 ADDITIONAL PER EACH MACHINE CLEANING WHEN REQUESTED. Legal notice having been published in the Naples Daily News on September 25 and 28, 1981, as evidenced by Affidavit of publ~cation filed witht the Clerk, bids were received for Bid 1520 for Maintenance Contracts for Electric Typewriters, up to October 7, 1981. Assistant County Manager Edward Smith recapped the information related to Bid '520, as more fully defined within the Executive Summary dated 10/19/81. There was some discussion as to the prior responsibility for the maintenance of typewriters within the Health Department and whether or not this has been budgeted within that Department; the sufficiency of personnel to maintain the typewriters Pac; e J 4 , ], '. October 27, 1981 within the recommended company or lack thereof; the numbers of typewriters that are to be maintained; and, the fact that the subject contract will be for a term of one year plus two months because the previous contractor opted out of their contract two months early. Commissioner Wimer moved, seconded by Commissioner Brown and carried 3/1, with Commissioner Kruse opposed, that Bid 1520, for a Maintenance Contract for electric typewriters, be awarded to Naples Business Equipment & Systems Corporation, in the amount of $10,463.94 and $30.00 additional per each machine cleaning when requested, as recommended by the purchasing Director. BID 1517A, (WATER TESTING FOR LAHDFILLS) - ~WARDED TO BIG CYPRESS SERVICE COMPANY, INC., IN THE AMOUNT OF APPROXIM^TELY $6,000.00 Assistant County Manager Edward Smith stated that Bid '5l7, for water testing for the landfills, was on the agenda two weeks ago, at which time it was pointed out that an addendum to the contract had not reached all of the potential contract vendors. He said that it was at that point that he asked that the matter of consideration of award to Bid 1517 be continued until such time as all vendorR were notified of the specifics relative to the addendum. Mr. Smith said that, legal notice having been published in the Naples Daily News on September 15, and 17, 1981, as evidenced by Affidavits of r~blication filed with the Clerk, Bid 15l7A, previously referred to a~ Bid '517, is being presented for consideration, based on the finalization of the notification of the aforementioned contract addendum to all parties involved. He said that, at this tl.., four Page 35 &OOK 065 PACE 394 . ÐO~" 065 PACE 395 October 27, 1981 bids have been receiveå trom contact vendors and that the recommenatlon'~ is to award Bid t5l7A to the lowest bidder, Big Cypress Service Company, Inc., in the approximate total amount of $6,000.00. Commissioner Wimer moved that Bid *517A be awarded to Big Cypress Service Company, Inc., in the approximate total amount of $6,OOO.0~. *' Commissioner Brown seconded the motion. , Public Works Administrator Clifford Barksdale stated that a letter was received on October 22, 1981 from Mr. Charles M. Courtney, of Applied Environmental Services, Marco Island, Florida, who is the second low bidder for the subject bid. Mr. Barksdale said that the letter calls a matter to the attention of the County Commission which he considers should be of concern and he read a portion of the letter, which requests that Collier County more closely review the qualifica- tions of 811 bidders Whð profess lab or field analytical capabl1itiês. The letter outlined ob1ections to granting bids based solely on lowest bids offered, without consldertation to refinement of accuracy and precision in order to assure that the data produced is correct. Mr. Barksdale stated that Mr. Courtney referred to not only Bid '517, but included other environmental studies, testing, ~nd consulting work being conducted for Collier County. Enclosed in the letter from Mr. Courtney were three letters which deal with analytical laboratorJl quality control from the Department of Health and Rehabilitative , Services, which certifies laboratories for potable drinking water t tasting and the DER which certifies laboratories for various categories for testing, said Mr. Barksdale who added that Mr. Courtney pointed out that only two laboratories in Collier County tried to pass the DER tests and that only Applied Environmental Services produce acceptable results. Ho said that Mr. Courtney also pointed our that none of the consultants that ranked above Applied Environmental Service. fOf Bid . --..J Paqe 36 . , . October 27, 1981 1517 even participated in the DER's assurance program. Mr. Barksdale said that additionally, Mr. Courtney points our that of the four laboratories in Collier County who took part in the D.H.R.S. certification program, only Applied Environmental Services performed acceptably in five primary categories. Mr. Barksdale said that the DER has published a list which includes two categories, one indicating ~he laboratories who participate in the DER quality assurance program and the 'other indicating those laboratories which are approved by the CER. Mr. Barksdale reported that, upon receipt of the aforementioned letter from Mr. Courtney, he tried to contact Mr. Patton, who had signed tho letter from the DER. He said that he was unable to speak to Mr. Patton, however, his assistant, Mr. Merrit, said that the aforementioned list of approved laboratories was the first one ever published by the DER and that it was only published two to three weeks ago. Mr. Barksdale reported that the CER intends to update the subject list quarterly. Mr. Barksdale read tho following passage from Mr. Patton's letter which accompanied the subject list: ·Chemical data from laboratories not on'this list of approved categories are considered to be of unknown quality and reliability and we have no objective basis on which to recommend those data as being acceptable to the Department.· ðO~~' 065 PACE 396 '8g. 37 - . . , a~~~ 065 PACE 397 October 27, 1981 Mr. Barksdale said that he asked Mr. Merrit what the above-referenced , '. statement means and he was told that it means that the DER had not had the opportunity to review the results of the tests of firms not appearing on the list. Mr. Barksdale said that, on the same token, the statement does not mean that the DER is saying that these laboratories are not qualified to do the tests. Regarding the specifications for the subject bid, Mr. Barksdale explained that they are inclusive of the statement that all test results must meet all requirements of all agencies that will be rev iewing them. Mr. Barksdale said that, whilc he feels that he had to point out the aforementioned objection from Mr. Courtney, and based on his investigation regarding this objection, he still feels that the lnwest bidd~r should be awarded the subject bid. He said that he i~ convinced that the lowest bidder can perform acceptable results of the testing, that this firm is enrolled in the testing program by the DER; and, that this firm will participate in that DER testing program next quarter. Hr. Barksdale stated that, if the contract vendor does not meet acceptable DER standards and receive subsequent DER approval, then that fi rm will not get pð id. Commissoner Brown asked where the frim of Big Cypress Service Company, Inc., is located? Mr. Tom Peek of Wilson, Miller, Barton, SolI and Peek, stated that Big Cypress Service Co, Inc., Is a subsidiary of Wilson, Miller, Barton, SoIl and Peek, located on Airport Road. He said that the lab is qualified to perform the tests outlined in the bid specifications. He said that they have not participated In Page 38 " . . October 27, 1981 the subject DER program, however, they have applied to participate next quarter. He said that this is a voluntary program and is not required by the DER. He said that Big Cypress Service Co. is certified by the State to conduct the one mandatory testing program for drinking water that is required by the County. In answer to Commissioner Kruse, Mr. Peek stated that, with the exception of the pesticide scan test, all tests outlined in the subject bid specification are performed on t~e premises of Big Cypress Service Co. He said that the pesticide scan is conducted by contract to ð firm in Orlando. Upon call for the question, the motion carried 3/l, with Commissioner Kruse opposed. Mr. Barksdale pointed out that the subject bid is for $6,000.00 and that last year the testing for two landfills, in a joint participation program with U.S.G.S., cost the County $39,000.00. He said that the FY 81-82 budget for this testing was originally figured ~t $54,000, based on U.S.G.S. piices and continued service. He said that, after receiving proposals for the testing, that amount was decreased by $30,000.00. He said that th~ awarding of the subject bid repesents an even greater savings within the FY 81-82 budg~t. ADDITIONS AND REVISIONS TO THE POSITION CLASSIFICATION AND PAY PLAN - APPROVED AS RECOMMENDED BY PERSONNEL DIRECTOR When the co~sideration of the approval of the additions and revisions to the position Classification and Pay Plan was presented by Assistant County Manager Edward Smith, Commissioner Wimer asked why the Personnel Director's name was not attached to the staff recommedatlon or the Executive Summary. Mr. Smith notod that the work was prepared by the Personnel Technician and signed accordingly, on Mrs. Hora" behalf. Commissioner Wimer asked tha~ the item be deferred until such ðO~K 065 PACE 398 Page 39 .. .. . .....- ~c~ 065 PACE399 October 27, 1981 timo as he has had the opportunity to hear from Mrs. Hora that she reco~m.nds the proposed additions and revisions. It waS decided to defer this item and go on with the agenda and Mrs. Hora was located and requested to join the meeting. Later in the session, upon Mrs. Hora's arrival, the item was again considered. Commissioner Wimer asked Personnel Director Anne Mora If sh_ recomm~~ded approval of the the additions and revisions to the Position Classification and Pay plan as submitted in the Executive Summary? She replied affirmatively. Commissioner Wimer moved, seconded by Commissioner Brown and carried 4/0, that the following recommendations be approved: 1. That the following positions shall be assigned to their corresponding pay grade, with the overtime category assignment ~s dedgnated: position Pay Grade Overtime Class Recreation Program Aide 6 A Information Processing Superv i so r 10 C Compliance Officer 12 A Insp..:c to r I 13 A Inspector II 15 A Plans Compliance Specialist 17 ^ Real Property Manðg er 19 D Plans Compliance Supervisor 19 D Public Services Administrator 27 D pag_ 40 / .....'- '-' -. i October 27, 1961 2. That the following positions be upgraded to their corresponding pay grades: Position Pay Grade From To - - Interview Clerk (Clerk III) 7 '9 ",; ~í An imal Control Officer 7 10 ~¡, '~ f Job Developer 7 lO "k f.î " Processing Director l3 ,), Word 11 Fiscal Specillli st 10 13 Code En fo rcemen t Of !icer 14 l6 Inspection Superv i sor 15 19 Code Complillnce Director 20 21 BOARD AUTHORIZED NEGOTIATIONS RE AWARD OF CONRACT FOR CONCESSION AT THE CAXAMBAS BOAT RAMP WITH MARCO MARINA, INC.: APPROVAL OF CONTRACT TO COME BACK TO THE BOARD Legal notice having been published in the Naples 'Daily News on September 7 and 9, 1981, as evidenced by Affidavit of Publication filed with the Clerk, sealed proposals for concessions at the Caxambas Boat Ramp were accepted up to September 22, 1981. . . Commissioner Kruse stepped out presentation at 11:00 A.M. and . . * of the roon during this returned at ll:03 A.M. . Assistant County Manager Edward Smith stated that twenty prospective contract vendors were contacted and three proposals were received and, sUbsequently, by a committee consisting of the purchasing Director, Parks and Recreation mtaff and the County Manager's office, it is the unanimous decision of the committee that Marco River Marina, Page 41 DO~~ 065 PACE 400 . .~ I .... ...... -.- p -, _.. ... . , . . .. ..- ,. ~!)~~. 065 PA~E 401 October 27, 1981 Inc., be recommended for a concession at the Caxambas Boat Ramp. He said that the contract, which will be for five years, will be on next week's agenda because of the fuel facilities at that boat ramp. He said that it is recommended that the County install the fuel tanks at an approximate cost of $l3,OOO which is anticipated to be recovered 1n one year. He said that the sale of fuel would produce approximately $13,000 annually and that along with the lO\ of gross sales of the concesøion, the anticipated gross revenue should be approximately $40,000 annually. There was a discussion regarding the rental of boats at the Caxambas boat ramp, during which Commissioner pistor expressed concern with renting a large number of boats that would have to be moored out in the bay and possibly lead to congestion of the waterway and a source of complðints. He said that he would like to limit that part of the concession to rental of two boats only. County Manager Norman said that this is one reason that he changed the Agenda from that of the Executive Summary reqarding the negotiation for contract rather than awarding o( contract. He said that certain details will have to be worked out, including the requirement for an accurate detailed drawing of what it is the vendor p~oposes to install at the site. He 8aid that any construction would have to be approved by the Board before the contract will be awarded. He asked for approval to negotiate the contract with Marco River Marina, Inc. Mr. Smith stated that a further part of the recommendation i. that no consideration be given for awarding the contract for a conces.ion at the 951 boat ramp because of restrictions imposed by the FOOT and Page 42 October 27, 1981 f because the committee does not believe that there are any proposals that sufficiently meet the needs of the County at this time. Chairman Pistor asked that this matter be cleared up within the next two weeks. He said that he knows about some of the problems, i.e. the indefinite knowledge of what property the County owns and what property is within the State's control, relative to the 951 boat ramp. However, he added, , í he would like to see it settled as soon as possible in order to aid in easy maintenance of the boat ramp through the -sea~on-. Mr. Smith asked if the Board would like a separate report in two weeks ~nd Chairman pistor replied affirmatively. Commissioner Wimer expessed his feeling that he would perfcr to see the 951 boat ramp concession contract finalized with Mr. Schiller. Commissioner Pistor agreed. This was disc ussed briefly, d u ring which Chc!!irman pistor sc!!id that the DOT will not let Mr. Sc hill e r place his businers nex't to -the toll bòoth and now they may not let him place it by the 951 boat ramp if the County does not have clear title to that land. Commissioner Brown stated that he wants to see Mr. Schiller be awarded the contract and set up his business as soon as possible. Commissioner Wimer said that he does not want to hear about problems; he wants the staff to find solutions and report back in two weeks as to Mr. Schiller's contract. Chairman Pistor asked for .epr~rate motions on each of the recommendations and Commissioner Wimer moved that the staff be authorized to hegotiate the contract for a concession at the Caxambas Boat Ramp with Marco Marina, Inc., and that the contact is to come back to the Board for approval next week. Commissioner Brown seconded the motion which carried 4/0. &O~K 065 rA~ 402 Page 43 . . "i' -.-.,-. '. . ßOo~' 065 fACE 403 October 27, 1ge1 BOARD DIRECTS STAFF TO CONTINUE EFFORTS RE NEGOTIATING AWARD OF CONTRACT FOR 9Sl BOAT RAMP CONCESSION TO MR. SCHILLER FOR PRESENTATION j, IN TWO WEEKS. ; L ~ Chairman Plstor directed, upon noting that it was the consensus of < those Board members present, that the staff continue efforts to negotiate a contract for the 951 boat ramp concession with Mr. Scnlller for presentation to the Board in two weeks. BOARD AUTHORIZED STAFF TO ACCEPT BIDS FOR FUEL TANKS FOR CAXAMBAS BOAT RAMP, SAME NOT TO BE FUNDED FROM CAPITAL IMPROVEMENTS BUDGET In response to Assistant County Manager Edward Smith, Commissioner Wimer stated that he has no problem with the County accepting bids for fuel tanks for the Caxambas boat ramp as lonq as the money does not como from the Capital Improvement Fund. County Manager Norman said that the necessary funding will come back to the Board for approval· at a later date. Commissioner Wimer moved, seconded by Commissioner Brown and carried 4/0, that staff be authorized to accept bids for the fuel tanks, as long as it is understood that the money will not come from the Capital Improvement Fund. * * . Commissioner Brown left the room during the following discussion at 11:08 A.M. and returned at 11:14 A.M. . * . DISCUSSION RE MINIMUM CRITERIA FOR LABORATORIES THAT ARE TO BE AWARDED BIDS FOR TESTING WATER FOR THE COUNTY AND INCLUSION OF SPECIFIC GUIDELINES AND/OR REQUIREMENTS AS PART OF THE BID SPECIFICATIONS Commissioner Kruse asked Mr. Barksdale if it is his policy that If paCJe H , ..... .,. '. ..,' October 27, 1981 a laboratory fails their testing for certification, they are not paid for the work they do: He replied affirmatively. She asked him if it would not be a more simple matter to require all laboratories to attempt to become certified or be certified before being eligible for a contact with the County? Mr. Norman said that this is a ·voluntary testing program- and that the staff would need specific Board direction in order to adopt such a policy. He said that he is concerned about withholding payment for work that was done on the basis of the results of a -voluntary criteria-. Commissioner Kruse said that at this time, if they don't apply there is no way to find out if they meet the standards for certification. Mr. Norman stated that the County could require all laboratories to participate in the voluntary DER program for certification and that they do successfully acquire the subject certification. Commissioner Wimer stated that he believes that the County needs to develop an entire policy for the future. Commissioner Kruse stated thDt she is not advocating the County forcing anyone to take part in the voluntary program, howeveT, if a laboratory does take part in the program.and is not successful in acquiring the . certification then the County would be in a questionable position if they paid a laboratory for services that were not able to meet these standards. County Manager Norman stated that the problem arose this morning because the County was not aware that the program existed when the bid specifications were drawn up and this was not addressed as part of the specifications for the bid for testing the water at the landfills. H. said that It is his opinion that this is where the matter should be nOOK 065 PACE 404 pag. 45 Ie , ¡ í I, I'..: : ,.' p I ! ' ¡ ¡ , i, I .ðO:~ .065 PAGE 405 October 27, 1981 addressed. He said that if it is not included in the bid specifications, then it cannot be a condition of the resulting , contract, thus, it would be unenforceable. 1- . , Commissioner Kruse said that if the Board has no objections, she would like to instruct the staff to prepare guidelines that would specifically outline the criteria on which contracts would be granted , for any laboratory testing for the County. County Manager Norman stated that this properly belongs in the bid specifications. Mr. Barksdale said that it should be addressed specifically tailored for each bid, depending on what it is the County is contracting. He further stated that there is nothing to preclude a laboratory which cannot pass the certification critcria from being awarded the bid and sub-contracting the work to other laboratories that have. This was discussed in detail, including an explanation of various tests that are so spcc1ull zed thðt only a few laboratories even cond uct them. Commissioner Kruse clarified her intent that she wo u 1 d just be more co~fortðble if the County only contracted with laboratories that have not failed the certification criteria. Mr. Barksdale said that the DER does not sel criteria for all laboratory tests that are conducted. County Manager Norman explained that there ore different standards for different kinds of testing and he reaffirmed his feeling that this needs to be addressed when developing bid specifications. Ho said that he foresees no way to draw up broad guidelines that will cover all tests. Commissioner Kruse stated that she feels that the Board is leaving itself open to criticism if a laboratory is paid for tests and that laboratory failed the voluntary testing program for certification. Page 46 , " October 27, 1981 She said that if the Board feels that this is best left to be addressed on individual criteria rather than by general guidelines and policy, then, it should be left up to the Department heads. County Manager Nor~an stated that the County does have the right to adopt bid specifications that are more restrictive than the State and this could b. written into the bid specifications. Commissioner Kruse asked if that would be done by the person designing the bi~ specifications and Hr. Norman replied affirmatively. Commissioner Kruse said that she has no further questions and the discussion came to a conclusion with no action taken. CETA JOB TITLE AND DESCRIPTION CHANGES APPROVED AS RECOMMENDED BY PERSONNEL DIRE~TOR Commissioner Wimer moved, seconded by Commissioner Brown and carried 4/0, that the following CETA job title and job descriptions as òutlined within the Executive Summary ð~ted lO/l4/8l, be approved. CURRENT TITLE PROPOSED TITLE Counselor Youth Specialist Services Supervisor Program Coordinator Program Coordinator Senior Program Coordinator CETA CONTRACT MODIFICATION RE TITLE VII, PRIVATE SECTOR INITIATIVE PROGRAM - AUTHORIZED FOR CHAIRMAN'S EXECUTION Commissioner Wimer moved, secofið;d by Commissioner Brown and carried 4/0, that the CETA contract modification re Title VII, Private Sector Initiative Program be authorized for the Chairman's si9nature. Pa9. 47 ðOO~ 065 PACE 406 . . _.4 . ~... --. . j October 27, 1981 LETTER REQUESTING ACCEPTANCE OF THE DEVELOPMENT OF CAXAMBAS BO~T RAMP PRESENTED BY CONSULTING ENGINEER A.W. CROWDER; BOARD ACCEPTS BOAT RAMP AND ~UTIiORtzES LETTER OF APPRECIATION FOR flIDEAW~Y BEACH, INC. Mr. A.W. Crowder, Consulting Engineer, delivered ð letter to Chairman pistor, requesting acceptance by the County of the Caxambas Boat Ramp facility to the Board of County Commissioners from Hideaway Beach, Inc. Commissioner Wimer moved, seconded by Commissioner Brown and carried 4/0, that the Caxambas Boat Ramp facilities be accepted by the County and that a letter of appreciation be authorized for Hideaway Beach, Inc. MATTER OF LEASE FOR AN EAST NAPLES BRANCH LIBRARY REFERRED BACK TO STAFF TO PURSUE FURTHER A LOCATION MORE C1.0SELY PROXIMATED TO THE POPULATION County Manager Norman stated that the Board approved funding the establishment of a store-front branch library for the 'East Naples area as part of the FY 81-82 budget. He referred to the proposed lease submitted as part of the Executive Summary dated 10/lS/al, and noted th4t the recommendation is to authorize the Chairman's signature on the lease, subject to final approval by the County Attorney. Mr. Norman explained that the branch library will be a 1,125 sq/ft. facility, located in the Hitching Post shoppl~~ ~ent.r along US 41. Commissioner Wimer stated that, while he favors a branch library in East Naples, he would perfer to have it located in closer to the population. This WIS discussed briefly, during which Chairman Pistor explained the problems with finding a vacant storefront of sufficient Sill at a reasonable price, noting that this storefront was offered at Page 48 . .' &O~~ 065 'ACE 41D 100 '. - .... '- '. -... .. .. ... .... .... ..- . -.. ß!)~~ 065 PAtE 4ü October 27, 1ge1 ., the same price as a store of only 800 sq. ft. in the same center. Alternate sites that are more preferable were discussed, including a storefront along Rattlesnake Hammock Road, during which County Manager Norman explained that a branch too close in would conflict with the Central library traffic. Commissioner Wimer moved, seconded by Commissioner Brown and carried 4/0, that the matter be referred back to staff to investigate further an alternate site located closer to the proximity of the popuhtion. PURCHASE OF INFLUENZA VACCINE TO BE ADMINISTERED TO INTERESTED COUNTY EMPLOYEES APPROVED; FISCAL OFFICER DIRECTED TO PREPARE NECESSARY BUDGET AMENDMENT RE SAME PURCHASE Commissioner Brown moved, seconded by Commissioner Wimer and carried 4/0, that that the purchase of a sufficient quantity of influenza vaccine to be administered to interested County employees be approyed and that the Fiscal Officer be directed to prepDre the necessary Budget Amendment re same purchase. AGREEMENT RE LEASE FOR OFFICE SPACE FOR FLORIDA DEPARTMENT OF AGRICULTURE PRODUCTS SPECIALIST AUTHORIZED FOR CHAIRMAN'S EXECUTION, EFFECTIVE NOVEMBER l, 1981 Administrative Assistant Neil Dorrill outlined the information within in the Executive Summary regarding a request to find office space for use by an Agriculture Products Specialist from the State Department of Agriculture and Consumer Services. He said that the small office located at the end of the hall, next to the elevators on the fourth floor is available and that it is recommended that the Board Page 49 .. . .....,. . .... . .- - '." '.. -....:.I .. ~ -- . - ~ . . . I' ì .'.., <i,:' . '~ . '\ october 27, 1981 approve the use of this office for the aforementioned specialist. Mr. Dorrill outlined the terms of the contract briefly and explained that· the County is only attempting to be reimbursed for the cost of allocated custodial and building maintenance costs by charging $480 annual rent for the subject office space. Commissioner Brown moved, seconded by Commissioner wimer and carried 4/0, that the aforementioned office space be approved for use by the Agriculture Products Specialist and that the Agreement for lease be authorized for the Chairm~n's ex~cution. .- .....~,~. :--'t~. '\ I'! , ¡. Page 50 nOOK 065 fACE 412 . . October 27, 1981 * * . Commissioner Brown left the room at 11130 A.M. and returned at ll132 ~.M. * * * AGREEMENT BETWEEN COUNTY, CITY AND STATE ATTORNEY RE CITY/COUNTY PROSECUTOR - AUTHORIZED FOR EXECUTION BY THE CHAIRMAN Commissioner Wimer moved, seconded by Commissioner Kruse ðnd carried 3/0, with Commissioner Brown out of the room and Commissioner Wenzel absent, that the Agreement between the County, the City of . Naples and the States Attorncy regarding the City/County Prosecutor, ðS rocommended by the County Attorney be approved and that the Chairman be authorized to execute the document. p~ge 51 M~ ( 065 PACE 4.16 · -. . ... - eo~~. 065 fACE 419 October 27, 1981 RESOLUTION CiS-8l-a, AUTHORIZING THE ISSUANCE BY THE COUNTY W~TER/SEWER DISTRICT OF WATER REVENUE BONDS NOT EXCEEDING $28,000,000 TO FINANCE PHASE I OF THE REGIONAL WATER SYSTEM - ADOPTED County Attorney Donald pickworth outlined the information within the Executive Summary, dated October 19, 1981, regarding the consideration for adoption of a resolution which will authorize th~ issuance by the County Water/Sewer District of water revenue bonds not exceeding $28,000,000 for the purpose of financing the cost of Phase I of the Regional Water System. Commissioner Wimer moved, seconded by Commissioner Kruse and carried 3/0, with Commissioncr Brown out of the room and Commissioner Wenzel absent, that Resolution CWS-81-8, authorizing the issuance of the aforementioned revenue bonds be adopted. Pðqe 52 .......J L 60jK 065 PACE449 October 27, 19a1 LETTER RE BOARD'S POSITION REGARDING PROPOSED LEGISL~TION ISSUES ^UTHORIZED FOR TRANSMITTAL TO LEGISLATIVE DELEGATION BY COUNTY ~TTORNEY County Attoney Pickworth referred to a letter which he has drafted and previously submitted to each of the Commissioners regarding the Board's positions on'the various proposals for legislation that will be discussed by the Legislative Delegation on October 30, 19ß1 and requested authorization for the transmittal of same to each delegate. The letter was discussed briefly, during which County Manager Norman asked if the Board's position regarding the ðnnexing of Sections 29 and 32 into North Naples Firc Control District should be included? Mr. Pickworth replied negatively, stating that it would be more appropriate if this was addressed separately. Upon polling the members of the Board for any objections, Chairman pistor noted that it was the consensus of the Board that the afore- mentioncd letter be authorized. CHAIRMAN AUTHORIZED TO EXECUTE ENGINEERING SERVICES SUPPLEMENTAL AGREEMENT TO EXISTING CONTRACT WITH POST, BUCKLEY, SCHUH & JERNIGAN, INC., FOR DESIGN AND SUPERVISION OF CONSTRUCTION FOR THE NORTH NAPLES SEWAGE TREATMENT AND TRANSMISSION FACILITIES. Utilities Manager Irving Berzon recapped the information outlined within the Executive Summary dated 10/16/81 regarding the recommen- dation that the Board authorize the execution of an Engineering Services Supplemental Agreement to an existing contract with the firm of Post, Buckley, Schuh' Jernigan, Inc., for design and supervision of construction for the North Naples Sewage Treatment and Transmission Facilities. He asked that the record reflect th~t all funds will come page 53 " ,.' . . , I Octobor 27, 1981 from the system development charges collected from connections to the North Naples Sewer System. Commissioner Wimer moved, seconded by Commissioner Brown 'and carried 4/0, that the aforementioned supplemental agréement 'be ðuthorized for the Chairman's execution. . . Pðq. 54 &v~^ 065 PACE 450 . . Octobor 27, 1981 CHAIRMAN AUTHORIZED TO EXECUTE AGREEMENT BETWEEN WEST FLORIDA INVESTMENTS, DEVELOPER OF BAY FOREST PUD AND THE COUNTY WATER/SEWER DISTRICT, RE LIMITING OBLIGATION AND RESPONSIBILITY OF THE COUNTY WATER/SEWER DISTRICT TO PROVIDE SEWER SERVICES TO THE DEVELOPMENT, BASED ON CAPACITY CAPABILITIES Commissioner Wimer moved, seconded by Commissionér Bro~n and carried 4/0, that the Chairman be authorizcd to execute the Agreemen't bewteen West Florida Investments, the developer of Bay Forest PUD, and the County Water/Sewer District, regarding the limitation of the County's responsibilities to provide sewer services to the development, based on cðpacity capabilities, as rccommcnded by Mr. Berzon. pacae 5S ~O~K 065 PAC£ 454 . . . - ¡''' , , \ ~ . ~< .....' , . October 27, 19S1 CHAIRMAN AUTHORIZED TO EXECUTE SUPPLEMENTAL ENGINEERING SERVICES AGREEMENT WITH POST, BUCKLEY, SCIIUH & JERNIGAN, INC" RE COUNTY REGIONAL WATER SYSTEM RAW WATER PIPELINE PROJECT Utilities Managcr Irving Berzon outlined the information within the Executive Summary dated 10/16/81, rclated to the recommended supplcmental engineering services Agreement with the firm of Post, Buckley, Schuh, & Jernigan, Inc, for the design and related engineering services connected with the raw water supply pipeline project for the County Regional Water System. Thore was ~ bri~f òiscussion, during which Commissioner pistor asked if the County was obligated to purchase certain qu~ntities from the City of Naples? County Attorney Donald pickworth stated that the County is not obligated to purchase a miminum amount of water from the City, however, the maximum amount of water is limited. Commissioncr Wimer moved, seconded by Commissioner Brown and carried 4/0, that the Supplemental Engineering Services Agreemont, as outlined above, be authorized for the Chairman's execution. Pago 56 ðO~~ 065 tAG( 458 ' . . October 27, 1981 NON-EXCLUSIVE UTILITY E^SEMENTS ^DJ^CENT TO AND SOUTH OF S.R. 846 (IMMOKALEE ROAD) RE CONSTRUCTION OF TRANSMISSION MAIN FOR COUNTY REGIONAL W^TER SYSTEM - ^CCEPTED FOR RECORDATION Commissioner wimer moved, seconded by Commission~r Brown and carried 4/0, that non-exclusive utility easements adjacent to and south of S.R. 846 (Immokaloe ROðd) for the construction of transmission main for the County Regional Water System be accepted for recordation. Pð98 57 LO~~ 065 PACE 460 ~... , . . Octobor 27, 1981 TREETOP SEWER FACILITIES ACCEPTED FOR RECORDATION, SUBJECT TO FINAL VERIFICATION OF LEGAL SUFFICIENCY Commissioner Wimcr moved, seconded by Commissioner Brown and carried 4/0, that the Treetop Sewer Facilities be accepted for recordation, subjcct to final verification of legal sufficiency by the County Attorney. ___ JII#' ":.'.;¡. Pa 11 e 58 &Oj~ 065 r~Cf!M. . , . . .GOQ~ .065. PAGE 415 October 27, 1981 ROUTINE BILLS - P~ID Pursuant to Resolution 81-150, adopted by the Board of County Commissioners on May 26, 1981, the following checks were Issued through Friday, October 23, 1981, in payment of routine bills: F'f 1980-81 FUND CHECK NOS. 1\MOUNT General Fund 3 $ 20,000,00 $209,079.92 $796,538.57 BCC :'ayroll County Checks 29372 29889 138~7 - 14045 F'f 1% 1-82 County Checks $l25,498.31 85 - 202 BUDGET AMENDMENT NO. 82-6, TRANSFERRING FUNDS RE INCREASED EXPENDITURES (MEDICAL EXAMINER) - ADOPTED IN THE ~MOUNT OF $2,114 Commissioner Wimer moved, seconded by Commissioner Brown and carried 4/0, that Budget Amendment No. 82-6, transfcrring funds re increased expenditures as pcr contract with thc Medical Examiner, be adopted in the amount of $2,114. Pa90 59 { , I , " ..-..-. - . ....... ......>... .........,..... ~- . ... ~Gj~ 065 PACE ~ 77 October 27, 1981 BUDGET AMENDMENT NO. 82-7. TRANSFERRING FUNDS FOR TWO PAGERS FOR THE ISLES OF CAPRI FIRE CONTROL DISTRICT - ADOPTED IN THE AMOUNT OF $492 Commissioner Wimer moved, seconded by Commissioner Brown and carried 4/0, that Budget Amendment No. 82-7, transferring funds for two (2) pagers for the Isles of Capri Fire Control District, be adopted in the amount of $492. pago 60 . I' . '-' , ., . nOOK 065 PACE479 October 27, 1981 BUDGET AMENDMENT NO. 82-8, PROVIDING FOR CERTAIN EXPENDITURES FOR NEW POSITION IN THE COMMUNITY DEVELOPMENT ENVIRONMENTAL DIVISION - ADOPTED IN THE AMOUNT OF $2,555. Commissioner Wimer moved, seconded by Commissioner Brown and carried 4/0, that Budget Amendment No. 82-8, providing for certain , expenditures for new position in the Community Development Environmental Division, be adopted in the amount of $2,555. Page 61 . , - . BC:~' 065 fACE 481 October 27, 1981 BUDGET AMENDMENT NO. 82-9, ·PROVIDING FOR ITEMS PURCHASED IN FY SO-Sl BUT NOT DELIVERED UNTIL FY 8l-82 FOR THE BUILDING CODE COMPLIANCE DIVISION - ADOPTED IN THE AMOUNT OF $1,686 Commissioner Wimer moved, seconded by Comissioner Kruse and . carried 4/0, that Budget Amendment No. 82-9, providing for items purchased in FY 80-81 but not delivered until FY 81-82, for the Building Code Compliance Division, be adopted in the amount of $l,~86. -' . .~ page 62 f -' '. .... " 065 P~tE 483 October 27, 1981 BUDGET AMENDMENT NO. 82-l0, COVERING THE COST OF ITEMS ORDERED IN FY 80-8l BUT NOT DELIVERED UNTIL FY 81-82 FOR THE BUILDING CODE COMPLI~NCE DIVISION - ADOPTED IN THE AMOUNT OF $448 Commissioner Wimer moved, seconded by Comissioner Kruse and carried 4/0, that Budget Amendment No. 82-l0, covering items ordered in FY 80-81 but not delivered until FY 81-82, for the Building Code Compliance Division, be adopted in the amount of $448. Page 63 I ...... -.. . , .~G:II .065 PAGE ~S5 October 27, 19B1 FISC^L OFFICER AUTHORIZED TO DR^FT PROPOSED RESOLUTION RE POLICY FOR RECOVERY OF UNEXPENDED FUNDS FOR PRESENTATION ON NOVEMBER 11, 1981 In answer to Commissioner Wimer, Fiscal Officer Harold Hall explained that the Board does not have a specific policy in force which addresses the recovery of unexpended funds within a budget and returning those funds to "Contingency" or "Reserve". He said tha~, at one time, this was a practice of the Board, especially for equIpment. He said that if the need for specific equipment was met and there was unexpended funds left in individual departments, that money was pulled out of the department and put into Contingency. Commissioner Wimer said that he did not know that this practice was not ongoing and that he would like to see whatever is necessary to implement this once again to be accomplished. He said that he recalls that tho County recovered and saved a considerable amount of money. Clerk William J. Reðgðn requested that this be handled through a specific Resolution. Commissioner Plstor asked if this would be done at the end of the fiscal year and Commissioner Wimer replied negatively, ðdding that this policy should be continual throughout the year. He said that if a department budgets for a specific piece of equipment, and for some reason it was decided not to purchase that equipm~nt, the budgeted funds comes out of the departmental budget and are put back into ·Contingencies·. This WaS discussed at length, during which Clerk Reagan explained that what happencd was that the Clerk's office was continually inv~lved in individual departmental budgeting, whereby funds were being constantly shifted between line items for expenditures and Page 64 , .' October 27, 1981 contingencies, which necessitated continually having to come to the Board for approval of budget amendments. Mr. Hall concurred, adding that this was handled in part by the initiation of the "substitution polley·, adopted three years ago. He explained that if there is some ·switching of funds-, i.e. some equipment costing less than what was budgeted and other costing more, then, with the approval of the Fiscal Officer and the County Manager, for departments under him, or the Fiscal Officer and the Utilities Manager for his division, certain substitutions are made. Mr. Hall offered to draft a resolution for the Board that woul" address all areas regarding unexpended budgeted funds, where such funds are not expended because of a chðnge in program. Commissioner Wimer agreed to accept Mr. lJall's offer. The discussion continued, during which Clerk Roag an reported that the last year this was done thore was $256,000,00 recovered. Chairman Pistor noted that it is the consensus of the Board that Mr. Hall be authorized to draft the aforement·ioned resolution, with adjustments for substitution to be included. Mr. Hall said that he would see that the drafted resolution is sent to Messrs. Berzon and Norman and the Data Processing Director, for their perusal. Chairman Piator requested that this be put on the November 11, 19B1 agenda and Mr. Norman agreed. MJ~ 065 tACr 486 Page 6S .. , ~ ~ . . . ... .. ....Ø/>__ . C~~~ 065 PAtE 487 October 27, 1981 CERTIFICATES OF CORRECTION TO THE TAX ROLLS AS PRESENTED BY THE PROPERTY APPRAISER'S OFFICE - AUTHORIZED FOR CHAIRMAN'S SIGNATURE Commissioner Wimer moved, seconded by Commisslonr Kruse and carried 4/0, that the Chairman be authorized to sign the following Certificates of Correction to the Tax Rolls as presented by the property Appraiser's office: 1980 TAX ROLL NUMBERS DATES 203 - 204 459 481 1/12/81 3/19/81 3/3l/81 1981 PERSONAL PROPERTY 1981-1 through 19R1-ll 1981-12 1981-13 10/19/81 10/20/8l 10/l3/81 EXTRA GAIN TIME (20 DA'iS) APPROVED FOR INMATE NO. 33372; (25 DAYS) ^PPROVED FOR INMATE NO. 36804 Commissioner Wimer moved, seconded by Commissioner Kruse and cðrried 4/0, that, in compliance with Florida Statute 951.21 and Collier County Ordinance '76-24, extra gain time be approved for the following inmates, as recommended by the Sheriff: INMATE NO. EXTRA GAIN TIME 33372 36804 20 Da ys 2 5 Da ys ^FTER-THE-FACT APPROVAL GRANTED FOR TRAVEL BY BUILDING CODE COMPLIANCE DIRECTOR TO IBM WORD PROCESSING SEMINAR IN DALL^S, TEXAS Commissioner Nimer moved, seconded by Commissioner Brown end carried 4/0, that after-the-fact- approval be granted for travel by the Building Code Compliance Director to an IBM Word Processing Seminar In Page 66 , . . October 27, 1981 Dallas Texas, from 10/25/81 to 10/31/81 in the amount of'$1,045.00. County Managor Norman explained that this particular travel was substituted for travel previously approved by the Board' for the same week to the Building Code Congreos Seminar in Orlando. COUNTY M^NAGER DIRECTED TO INVESTIGATE SOURCE OF INVITATION TO BID FOR ENGINEERING SERVICES RE B^YVIEW PARK, BOARD'S INTENT CLARIFIED THAT SAID WORK IS TO BE DONE -IN HOUSE- Commissioner wimer asked County Manager Norman who authorized the invit~tions to bid for professional engineering services related to Bayview Park, noting that a letter dated 10/21/81, from Architectural Resources Corportation has been received declining to bid on said project. County Manager Norman stated that he did not know who sent out the invitation to bid, adding that there was no authorization to do so from his office. He said that he is not familiar with this matter and only 1earncd of the letter yesterdaY1 however, ho assured Commissioner Wimer that there is no intentional "bypassing- of the Boards' policy. Commissioner Wimer clarified the fact that it is thp. consensus of the Board that this work is to be done ·in house" and roquested that the Manager investigate the matter and report back t~ the Board. Chairman Pistor concurred, adding that the intent on this matter is to stop the process of accepting bids for this specific project. Mr. Norman agreed to investigate the matter and acknowledged that he understands tho intent of the Board. Page 67 oc:~ 065 fACE 488 · t~~~ 065 rA~E 489 October 27, 1981 MISCELLANEOUS CORRESPONDENCE - FILED AND/OR REFERRED There being no objection, the Chair directed the following correspondence be filed and/or referred to the various departments as Ind IClJted z 1. Letter dated 10/15/8l from Michael C. Garretson, Director, Dept. of Veterðn and Community Affairs, Div. of Local Resource Management notifying that their department has selected Collier County's application for funding t '\der L,e 1981-82 Program, and stating that the local govenment i~ eligible to receive a maximum grant award of $20,000 ðnd urging County to accept only the a~ount required to complete the work specified in Appendix A. Contract also enclosed. xc Messrs. Norman, Hall and Virta. Filed. 2. Letter dated 10/21/81 from Jeffrey C. Quinn enclosing a copy of Ordinance No. 78-61, regarding property located in Sec. 18, TSlS, R27E (2 parcels) and requesting BCC to have Mr. Basik comply with his representations made in a letter of intent he sent to the BCC. xc Massrs. Norman and Virtð. Filed. 3. Letter dated lO/20/Rl from Gordon Romeis, Environmental Specialist, clarifying DER's position in the matter of the Lakewood Sewage Treatment Plant and its connection to the Glades sewage treatment plant ðnd listing several on-going problems with the Lakewood sewer plants. xc Mr. Berzon. Filed. 4. Letter dated 10/22/81 from Paul G. and Laura H. Mason, Jr. opposing proposed rezoning for their property in Coconut Creek Rubdivision Unit 3. xc Messr~. Virta and Norman. Filed. s. Letter received 10/26/81 from Dorothy S. Sutton, Finance Officer, u.S. Coast Guard Auxiliary, enclosing their check in the amount of $1.00 to cover the agreed upon rental for one year for the Toll House Station property on S.R. 951. xc Messrs. Pickworth, Norman and Hall (with check). Filed. 6. Letter dated 10/21/el from R. B. Anderson, Mayor of Naples, re BCC letter of 10/9/81 concernin~ approval of Collier County's Resolution 81-222 and stating that the City Council unanimously approved the principle of joining the County in the format\on of an MPO, but it is their feeling that the representation should be equal, i.e. six or eight. xc Messrs. Norman, Virta, and Barksdale. filed. raqo 68 .J October 27, 1981 7. Copy of memorandum dated 10/19/81 from Guy Carlton attaching a check, Distribution on Interest, in the amount of $3,907.83. xc Mr. Hall (with check). Filed. 8. Letters dated 10/l9/8l from William F. Hodnett, Super- visor of Engineering, Lee County Electric Cooperative, Inc. listing street lights added to or removed from Immokalee Lighting District for September and those added to or removed from Marco Lighting District for September. F11 ed. 9. Copy of Naples City Council minutes for 10/7/8l meeting. F 11 el'i . * . . . . . * . . . . * Thore being no further business for the good of the County, the meeting was adjourned by order or the Chair - Time: 11:48 A.M. eO~RD OF COUNTY COMMISSIONERS/EX OFFICIO GOVERNING BOARD(S) OF ~PECI^L DISTRICTS UNDER ITS CONTROL ATTEST:- W I ~\L I AMI b'~1 ~~AGA N , '('). ". "I ..." \~ ¡ '\ r'\,\ P4ge 69 eO~K 065 fACE 490 . .