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BCC Minutes 01/06/1981 R Naples, Florida. January 6. 19B1 LET IT BE REMEMBERED, 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 lew and having conducted business herein, met on this date at 9:00 A.M. in Regular Session in Building "F" of the Courthouse Complex with the following members present: CHAIRMAN: VICE CIIAIRMAN: John A. Phtor Clifford Wenzel Mary-Frances Kruse David C. Brown ABSENT: C.R. "Russ" Wimer ALSO PRESENT: William J. Reagan, Clerk; Harold L. Hal" Chief Deputy Clerk/Fiscal Officer; Edna Brenneman, Deputy Clerk; C. William Norman, County Manager; Donald A. Pickworth, County Attorney; Irving Berzon, Utilities Division Manager; Terry Virta, Community Development Administrator; Thomas Hafner, Public Safety Administrator; Clifford Barksdale, Public Works Administrator/County Engineer; Neil Dorri". Administrative Aide to the County Manager; Grace Spaulding. Administrative Aide to the Board; Lee Layne. Planner; and, William McNulty, Sheriff's Department. aO:lll 058 PAC[ 413 .t, '.~;'t, -,.:-;i:!!;_ '?l'" , ',\ > '',J.. ><\ 'ii< ..;t~;~, \;"J. , HOTN, II.uti"" "'I""'Odlltll Hem Ilt/tled to tllio A(/clltla I,y nOfll.d di,.uatlan - . -ar-lT." ,"cctina of /)0(1(1/11/'"'' .~O, 1080. aOOK BOARB " ,.. j'l 058 'ACE 41. OF COUNTY COMMISSIONERS AGENDA January 6, 1901 NOTICE: ALL PERSONS SPEAKING ON ANY AGENDA ITEM MUST REGISTER PRIOR TO TilE ITEM BEING HEARD. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON TillS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLA- NATION TO THE COUNTY MANAGER AT LEAST 1~ DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS" AT 11:00 A.M. ANY PERSON WilD DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING, THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 1. INVOCATION 2. PLlOGL OF ALLEGIANCE 3. APPROVAL OF AGENDA 4. A~PROVAL OF MINUTES 5. PROCLAMATION AND PRljENTATIDH OF AWARDS 6. SOCIAL SERVICES 7. ADVERTISED PUBLIC HEARINGS A, Show cause reo proposed termination of Agreement with B & B Disposal Service, Goodland. (Public Works) Garbage Franchise Marco Island and 8. OLD BUSINESS 9. . A. 1t.""Z~I,':('Il ad"1"":"C1 nIP Fi"a-l'(!QI' Tr"".it o",.Z"1""""/ 1'rI'r/""" p....pnNld ~ tM Florida f)~pf. of ","",.opC'rlal''''' tmd {".tMlcHna ctaff tn p1'(><'CoQ ..tth all ,ttopll ....lI"iNlr/ /0 {mrZ""'''' n T'w',Ua ",w,eit :",.c.m in CaHill,. Ccunt/l. COUNTY MANAGER'S REPORT A. COUNTY MANAGER (1) Presentation of 1919-80 Annual Report from tho divisions and departments under tho County Manager. '\ ,~., ':<:" ,h'_, ,:~,~; i~~;; ~' " :.-I..... . ~;".: "::" -' ,-;,..~~, .' .1 ;i(.' I\YUHtld rage 2 January 6, 19B1 B. COMMUNITY DEVELOPMENT (1) Petition SMr.79-7-C, Oonald Huffman ~nd Oonald Bellamy, Jr.: re~uesting extension of approved subdivision master plan for Buckeye Estates Subdivision. 'c. f.Q!!lIC SAFETY 0, PUBLIC WORKS (1) R~commendation to accept and record a Qult.C1alm Deed from the Ctty of Naples for Golden Gate Parkway Extension right-or-way. 10, DATA PROCESS lEG MANAGER'S REPORT 11. UT.!.i!.l!.FS MAUAGER' S REPORT A. COUIl1Y WATER,SEWER DISTRICT (1) Expansion or Sewage Treatment Plant Facilities - Gl.des, Inc. B. GODOLANO WATER DISTRICT (1) Request to advertise for construction bids for Goodland,Nater System. 12_ COUNTY ATTORNEY'S REPORT 13. CLERK TO THE BOARD'S REPORT A. Payment of bills B. Budget amendments C. Other 14. DOARD or COUNTY COMMISSIONERS A. Res~lution requesting that the Florida Department of Transportation 91ve serious consideration ~o and recommend the reinstatement of railroad passenger service between TaMpa, Sarasota, Venice, Ft. Myers, and Collier County. 15. "ISCELL^NEOUS CORReSPONOENCE NEW BUSINESS 16. 17, 1O:ll 058 PAC[ tl.5 PUBLIC PETITIONS IR. ~.t!.U~! ;.'.~il ,,"t> <1"~IJ ,....<... ....,.., :~2i": "':~?f '..' ': ;.i~ January 6, 19B1 aoox 058 PACE 416 AGENDA - APPROVED WITH ADDITIONS/DELETIONS , Commissioner Wenzel moved, seconded by Commissioner Brown and carried 4/0 with Commissioner Wimer not present. that the agenda be approved with the following additions and deletions: I, Proposed resolution re 5-Year Transit Development Program - Added under Old Business, 2. Ordinance amending Ordinance 76-4B to Include beach access areas In regulations pertaining to parks. and the like (continued from 12/30/BO) - Further continued until l/13/B1 at request of County Attorney. 3, Emergency matter pertaining to American Ambulance - Added to Public Safety Report. 4. Expansion of Sewage Treatment Plant Facilities re The Glades, Inc. - Postponed to later date. SHOW CAUSE HEARING RE PROPOSED TERMINATION OF GARBAGE FRANCHISE AGREE- MENT WITH B & B DISPOSAL SERVICE (MARCO ISLAND AND GOODLAND) - HEARING CONTINUED FOR ~IX MONTHS Legal notice having been published in the Marco Island Eagle on December lB, 19BO as evidenced by Affidavit of Publication filed with the Clerk. show cause hearin9 was opened to consider the termination of the Garbage Franchise Agreement with 8 & B Disposal Service, Marco Island and Goodland. Public Works Administrator/Engineer Clifford Barksdale explained that the hearin9 was scheduled due to the operator (A.P. Kirk) failing to provide services under the Franchise Agreement. He recalled that an earlier show cause hearing resulted in the Board deferring action for sixty days to give the owner the opportunity to keep the service up to standard, which Mr. Barksdale said was done and the hearing, therefore, was withdrawn. The firm's equipment is old and deteriorating rapidly, continued Mr. Barksdale, which has resulted In the staff recom- mending that another show cause hearing be held for the purpose of terminating the Agreement. Since the scheduling of the hearing, "r. Kirk has purchased another vehicle in somewhat better condition than the previOUS equipment. said "r. Barksdile. adding that he has bttn told that a general manager has been hired to operate the business. The equlPNnt hIS been Inspected and WIS found to have betn broU9ht up to standard and, for this relSon, "r. Barudile Inforwtd the Bond 'f . ',f, .il',. ;Jr.," '~ ";';'" .;.t:, '.~l,: -"W- .~ 'I;;i ," !'- " , ~, . ,:)t..; January 6. 19B1 that it is his recommendation that the present hearing be deferred for e period of six months which will give the owner time to update the remaining equipment and keep it In compliance with the Agreement which Hr. Kirk has stated he would like to do. Attorney Paul Schryver, representing B & B Disposal Service, ex- plained that the past year has been a difficult one since it was felt that his clients were under an obligation to negotiate with the persons who wanted to buy the subject Franchise, commenting that as this point the negotiations have been unsuccessful. He pointed out to the Board that the primary reason the equipment was not brought up-to-date sooner than it was and additional equipment not purchased was due to the afore- said negotiations. Attorney Schryver expressed gratitude to the County staff for their patience and helpfulness. Chairman Pistor asked that consideration be 9iven to relocating the area used to store the firm's equipment to some place other than the center of Goodlend. Also, said the Chairman, since he is familiar with the operation and feels thet en increase in rates will probably be requested, asked that, in the near future, an audited report be pro. vided to the Commission to be used in considering such matter. Attorney Schryver responded that such a report will be submitted, noting that a rate increase will be sought. Commissioner Wenzel moved, seconded by Commissioner Brown, that the show cause hearing be continued for six months. Commissioner Wenzel replied in the affirmative to Attorney Schryver's comment that, If "everything is up to standard" at the end of six II'Onths the hearing will be withdrawn. Upon call for the question, the motion carried 4/0 with Commissioner Wimer not present. PROPOSED RESOlUT I ON RE 5- YEAR TRAIlS IT DEVELOPMENT PROGRAII - COICTlNUED TO JAIlUARY 13. 1981 IF FUlL BOARD IS PRESENT Cllalrwan Phtor brought to the Board's atuntlon a proposed ...solu- tlon perulnlng to tilt S-Y..r Transit Dev.lo~t ProgrUl pl'ltpered by , till norld.1 Depertlllnt of Trlnsportation Ind Instl'VCtlng the ltaff to procted with 111 Aqulred sUps to hlpl_nt publ1c transportation In \he County. tOOK 058 PACE 418 January 6, 19B1 Noting that there was not a full Board In attendance, Commls- , sloner Wenzel moved, seconded by Commissioner Kruse and carried 4/0 with Commissioner Wimer not present, that action on the resolution be continued until all Commissioners were able to be present, County Manager Norman observed that all Commissioners would not be in attendance at the January 13, 19B1 meeting with Chairman Pistor advising that it was not certain whether or not he and Commissioner Kruse would be away from the County on that date and he would advise Mr. Nonman of hi, plans later this date, PRESENTATION OF 1979-80 ANNUAL REPORT FROM THE DIVISIONS AND DEPARTMENTS UNDER THE COUNTY MANAGER - NO ACTION REQUIRED County Manager C, Will1am Norman explained that the preparation of an Annual Report from the divisions and departments under his pur- v1ew Is a requirement of the 80ard-adopted ordinance establishing the duties and respons1bllitles for the County Manager. He said that he was pleased he was able to provide the Board with the Report at the first meetin9 of the new calendar year, adding the statement that the Report represents a great deal of work not only "doing the things that the Report reports on" but, a 1 so, 1 n prepa rl ng the Report. Copi es will be available at the Public Library, ~s well as in his office and that of the Clerk's, concluded Mr. Norman. Chainman Pistor noted that he has reviewed a portion of the Report and expressed his thanks to the County Manager. PETITION SMP-79-7-C, DONALD HUFFMAN AND DONALD BELLAMY, JR., REQUESTING EXTENSION UNTIL 1/31/82 OF APPROVED SUBDIVISION MASTER PLAN FOR BUCKEYE ESTATES SUBDIVISION - GRANTED Planner Lee Layne reported that Petition SMP-79-7C, filed by Donald Nuffman and Donald Bellamy, Jr., is a request for an extension of the previously-approved Subdivision Master Plan for Buckeye Estates which Is located on the south side of Gail Boulevard at the south end of Esther Street. She explained that the extension of the one-year tl. 1l.lt In which construction drawings netd to be sut.lttad to the Count.1 for approval Is due to current ecollClllllc condition.. , '.', .' January 6, 19B1 Commenting that since there are financial problems but no changes Involved, Commissioner Wenzel moved, seconded by Commissioner Kruse and carried 4/0 with Commissioner Wimer not present, that the extension until January 31, 19B2, as requested by the petitioners, be granted with regard to Petition SMP-79-7C. STAFF RECOMMENDATION REGARDING SIGNIFICANT MANAGEMENT AGREEMENT VIOLATIONS BY AMERICAN AMBUlANCE, INC., AS DETAILED IN EXECUTIVE SUMMARY DATED 1/5/81 - APPROVED FOR IMPLEMENTATION Public Safety Administrator Hafner explained that the Executive Summary dated January 5, 1981, together with the attached memorandum also dated January 5, 1981, addressed to the County Manager and which was coordinated with the County Attorney, Dr. John Adams (HRS representa- tive), Clerk of the Court, Fiscal Officer and the Vice Chairman of the EMS Advisory Council, explains the significant Management Agreement violations by American Ambulance, Inc. He said that the staff recommenda- tion Is that he (Mr. Hafner) transmit a letter to the ambulance firm in- structing the Company to correct all deficiencies included in the memo- randum by January 13, 19B1, or the December, 19BO contracted payment will be withheld; additionally, if payment is withheld, the County Manager take action to assure all American Ambulance. Inc. employees are paid when entitled; and, further, that within thirty (30) days of such notice, the Agreement will be terminated due to American's failure to perform the terms, conditions and covenants of the Agreement. Mr. Hafner added that there are two factors involved in the violation of the Man- agement Agreement Itself and one factor in the Lease Agreement. Commissioner Wenzel moved, seconded by Commissioner Kruse, that the staff recommendations, as detailed by Mr. Hafner, be accepted. County Manager Nonnan noted for the record that the reason that the December, 19BO payment is automatically or properly before the Boerd on January 13, 1981 Is because the request for payment was not received In the time period necessary for the neetlng this date. Responding to Commissioner Kruse, Hr. Hafner Slid thlt the Ifo,... ..nttontd letter wlll, be hind-delivered to the fir-. this dlte. Upon Clll for the question, the .otlon carried 4/0 with Coae1s- sloner III..r not present, ".', ",' 't' , ~ /',:\J J:" ~.4; .~;\ tOOK 058 PACE420.' January 6, 19B1 QUIT CLAIM DEED FROM CITY OF NAPLES FOR CERTAIN DESCRIBED PROPERTY RE GOLDEN GATE PARKWAY EXTENSION RIGHT-OF-WAY - ACCEPTED FOR RECORDATION Public Works Administrator Barksdale provided the Board with a brief explanation of the right-of-way acquisition with regard to the . Golden Gate Parkway Extension project including the Quit Claim Deed from the City of Naples transferring certain property, as described in Exhibit "A" of the document. It is the staff reconmendation, concluded Mr. Barksdale. that the Quit Claim Deed be accepted. Comm1ssioner Wenzel moved for acceptance of the Quit Claim Deed from the City of Naples for certain described property with regard to the right-of-way for the Golden Gate Parkway Extension, and that the document be recorded. The motion was seconded by Commissioner Brown and carried 4/0 with Commissioner Wimer not present. There WdS a short discussion concerning the road construction in Collier County in 1961 with Chairman Pistor observing that a news- paper article this date stated that the Public Works Director has advised that there will be no further road construction In the County during the current year. The Chalrmon said that, as a County, there may not be certain County roads constructed, but that the road under discussion will be started, Airport r.oad widening is under construction, and that Golden Gate Parkway will also be constructed. It was pointed out by Mr. Barksdale that he does not recall making the statement attributed to him. County Manager Norman suggested that the intent of the article was probably to attempt to warn motorists where there will be traffic delays and said that the Public Works Division is to be commended in that the road construction which is goin9 on is designed to maintain traffic with minimal delays. Mr. Mike Zewalk inquired If the County is having to pay for any of the subject rights-of-ways with Mr. Barksdale stating th.t the Fleisch- mann Estates and the Shopping Center limited haVl donated rlghts-of-ways but th.t the City was un.ble to convince Se.rs that they should do like- wise, .dding that the.. has been agreement ..ached on the prlct - between $12.000 .nd $14,000. He s.ld th.t these funds will be derived f~ the Bond IIS~ whiCh was part of the .g,....nt with "gird to the H Bond II Slit. '" tOOK 058 PACE 424 January 6. 1981 REPORT ON DATA PROCESSING ACTIVITIES PRESENTED VERBAllY BY CHAIRMAN Commissioner Wenzel noted that it is his understanding that a monthly report was to be forthcoming with regard to Data Processing activities. Chairman Plstor responded by stating that there is a . meeting scheduled for the afternoon of January B, 19B1 in order to get such report prepared. He also stated that a meeting was held on Monday, January 5, 19B1 with regard to the matter. The Chairman said that it is recognized that there are some problems, some of which have been cleared up, pointing out the large amounts of tax monies which have been validated and the distributions which have been made. Fiscal Officer Harold Hall explained that, due to the improved computer programs o~er last year of making distributions, the Tax Col- lector's office has been able to improve on the original schedule for distributions. It was originally thought that distributions would be made the middle of January; howe~er, they are four weeks ahead of the timetable. Chairman Pistor concluded by stating that It Is hoped that an extensive report on the Data Processing setup can be made at the next meetin9 with e member of the Committee bringing the Board and the public up to date. ADVERTISING rDR BIDS RE CONSTRUCTION OF GOODlAND WATER SYSTEM - AUTHORIZED, PURSUANT TO RECOMMENDATION BY UTILITIES DIVISION MANAGER Pursuant to a brief background on the Goodland Water System project, Utilities Division Manager Ir~ing Berzon requested the Board to authorize bids to be advertised on the basis of an estimated $1,120,000 and asked that the period for bidding be no less than thirty days due to the di- verse aspects of the project. Responding to Commissioner Wenzel, Mr. Berzon seld that the project does not lend Itself to bidding on less than one overall bid with one entity responsible for the entire project. There was a brief discussion concerning the water problems existing at various times in the Goodland community with Mr, Berzon stating that It Is his opinion that there Is no physical reason for the Wltlr supply to be turned offl '-eftr. he Slid that there NY be a raison for a two or th,.....hour lnt.rf....ncc beeause of breakdowns. January 6, 19B1 Commissioner Wenzel moved, seconded by Commissioner Brown and carried 4/0 with Commissioner Wimer not present, that the advice of the staff be accepted and advertising for bids for the construction of the Good1and Water System be authorized, allowing a period of no less than 30 days for the submission of bids after a notice requesting bids Is advertised. EXPANSION OF SEWAGE TREATMENT PLANT FACilITIES RE THE GLADES, INC. . POSTPONED PENDING REQUEST FROM PETITIONER FOR SPECIFIC PRESENTATION DATE As noted earlier in the Session, Utilities Division Director Berzon said that a letter dated December 31, 19BO has been received from At- torney Harold S. Smith, II, representing the Glades, Inc., requesting that the matter of the Glades, Inc. Sewer Plant expansion be removed from the agenda. He said that the letter does not specify a particular date for reschedulin9 of the item and suggested that It be postponed indefinitely until the petitioner asks for a definite date. COUNTY ATTORNEY REPORTS ON STATUS OF HOUSING FINANCE AUTHORITY PROGRAM Chairman Pistor r.ommended County Attorney Pickworth for his efforts in achieving the passage of the Bond Issue for the Housing Finance Authority. Attorney Pickworth said that there have been many Inquiries received about the program, noting that the three partlciptnts/lenders are the Naples Federal Savings & loan Association, Gulfview Mortgage Inc., and Stockton, Whatley, Davin & Co. with offices in Fort MYers. He said that those firms are the ones to contact for persons Interested in making applications and asked that the press publish that information for the benefit of the public. Responding to Commissioner Wenzel's query, Attorney PIckworth ex- pllined why the use of an underwriter for the slle of the bonds WlS preferlble to advertising the sale locally when time is I factor. He said that during Inflationary times such IS the present: with ~ard to construction projects, Ind the like, any savings Involved would be .,aten up. b1 Inflation. At the "'1U1St of the Chelnaen. Attorney Plckwortll,xplalntd tilt cII. utls of tilt progr... sucIl II the ,lfglbl1lty requl~ts. tilt lfll1t on the prlc, of a hoRt, whit type ,.Ildenc. cen be Included. Ind the Ilk.. Janua ry 6. 19B1 tOOK 058 'ACE42B RESOLUTION 81-1 REQUESTING THE FDOT TO CONSIDER THE REINSTATEMENT OF RAILROAD PASSENGER SERVICE IN SOUTHWEST FLORIDA - ADOPTED . Following the reading of the proposed resolution with regard to the request for the Florida Department of Transportation to consider the reinstatemeht of railroad passenger service between Tampa. Sarasota, Venice. Fort MYers, and Collier County, Commissioner Wenzel moved its adoption. The motion was seconded by Commissioner Kruse and carried 4/0 with Commissioner Wimer not present, later In the Session, Mr. Mike Zewalk informed the Board that the North Naples Civic Association would like to go on record as supporting railroad passenger service Into Collier County, and the possibility was further discussed briefly. .. . . . . . . . . . . . . . 1980 Tax Roll NOS. 21 32 34 - 41 44 64 - 70 74 79 - 83 85 , 86 90 93 OATEO 12/22/80 12/22/80 12/19/80 - 12/23/80 12/22/80 12/29/80 12/30/80 12/30 , 12/31/80 12/31/80 12/31180 12/31/80 " ...'' v' '", if ...._..__..____..4___._.."_"'..____...__4.___.___.___... ::=J c.:J January 6, 19B1 c::::J ROUTINE BILLS - AUTHORIZED FOR PAYMENT Commissioner Wenzel moved, seconded by Commissioner Kruse and car- ried 4/0 with Commissioner Wimer not present. that the bills, having been . processed following estebllshed procedure with funds available, be approvad for payment as witnessed by the followln9 checks issued from December 31. 19BO through January 6, 19B1: County Checks Genera 1 Fund BCC Payroll CHECK NOS. 3665 - 3B4B 2 - 5 18852 - 19313 ACCOUNT PAYMENT TO DEPARTMENT OF EMPLOYMENT AND lABOR SECURITY FOR DISALLOWED CETA LABOR COSTS - APPROVED IN THE AMOUNT OF $623 Fiscal Officer Harold Hall noted that among the bills being presented for payment authorization is one requlrin9 special Board approval; I.e. reimbursement back to the Department of Employment and labor Security resulting from a CETA audit made several years ago. Mr. Hall said that there are 900d 9rounds for the subject Department requesting the payment, notin9 that the bill has been checked out thoroughly and that the staff agrees that It should be paid. Commissioner Wenzel moved, seconded by Commissioner Brown and car. ried 4/0 with Commissioner Wimer not present, that payment to the Depart- ment of Employment and Labor Security for disallowed CETA labor costs be approved in the amount of $623. CH^IRMAN AUTHORIZED TO SIGN CERTIFICATES FOR CORRECTION TO THE TAX ROllS Commissioner Brown moved, seconded by Commissioner Wenzel and car- ried 4/0 with Commissioner Wimer not present. that the Chainman be author- ized to sign the following Certificates for Correction to the Tax Rolls: .t\';' 't~~. " tY ,~,.'ij . tOOK 058 rACE 430 January 6, 19B1 1980-17 - 1980-30 1980-32 1980-33 Tangible Personal Property 12/30 & 12/31/80 , 1121Bl 1/5/81 MESSRS. PODESTA AND ZALEWSKI REAPPOINTED TO THE ISLES OF CAPRI FIRE CONTROL DISTRICT ADVISORY BOARD Administrative Aide to the Board Grace Spaulding recalled that. when the Board appointed new members to the Isles of Capri Fire Control District Advisory Board, the reappointment of two current members was inadvertently overlouked and a motion is needed for this purpose. Commissioner Wenzel moved, seconded by Commissioner Brown and car- ried 4/0 with Commissioner Wimer not present, that Joseph Podesta and Theodore Zalewski be ~appointed to the Isles of CaprI Fire Control Dis- trict Advisory Board to serve addItIonal two-year terms. VOTING PRECINCT NUMBER FOR SHERIFF'S DEPUTY MANUEL AVALOS - FILED FOR THE RECORD Pursuant to Florida Statute 3D.OB, the following Deputy Sheriff's voting prec1nct number was submitted by Sheriff R0gers to be filed for the record: NAME Deputy Manuel Avalos PRECINCT 16 LAKE TRAFFORD MEMORIAL GARDENS CEMETERY DEEDS NOS. 245 AND 246 - FILED FOR THE RECORD FOLLOWING RECORDATION Pursuant to action of the Board January 10, 1978 wherein the Chair- man was authorized to sign various deeds to lake Trafford Memorial Gard~ns Cemetery as the need arises, the following Deeds numbered 245 and 246 wert recorded and filed for the record: . . * * * . .