BCC Minutes 12/02/1980 R
Naples, Florida, December 2, 1980
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 law 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:
CHA I RMAN :
VICE-CHAIRMAN:
John A. Pistor
Cljrford Wenzel
Mary-Frances Kruse
David C. Brown
ALSO PRESENT: Wi 11 iam .J. Reagan, Clerk (11 :30 A.M.); Harold L.
~1~11. C~;"f [1"~lIty r1prk!ri~C:i\l Officer: Elinor M. Skinner and Darlene
Davidson (2:00 P.M.). Dt~uty Clerks; C. William Norman, County Manager;
Danny Crew, P1annin] Director; Clifford Barksdale, Public Works Admin-
istrator/Engineer; Donald A. Pickworth, County Attorney; Terry Virta,
Community Development Administrator; Tom McDaniel, Planner; Lee Layne,
Planner; Tom lIafncl', Public Safety Administrator; Gene Willett, Ad-
ministrative Assistant to the County Manager; Dr. Jay Hanmic, Environ-
mental Consultant; Grace Spaulding, Administrative Aide to the Board;
and Deputy Chief Raymond Barnett, Sheriff's Department.
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OOARD or COUNTY COl1mS'SIONEHS
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AGENDA
December 2, 1980
NOTICE:
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ALL PERSONS SPEAKING ON ANY AGENDA ITEM MUST REGISTER
PRIOR TO THE ITEM UEING HEARD.
REQUESTS TO ADDRESS TilE BOARD ON SUBJECTS WHICH ARE NOT
ON TillS AGENDA 11UST BE SUBIIITTED IN WRITING WITH EXPLANATION
TO THE COUIITY MAIIAGER AT LEAST 13 DAYS PRIOR TO THE DATE
OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS.
AT 11: 00 A. 11-
ANY PERSO~: \')110 DECIDES TO APPEAL A DECISION or THIS BOARD
WILL NEED A RECORD OF TilE PROCEEDINGS PERTAINING TIIERETO,
AND THEREFORE MAY IiEED TO EIiSURE TIIAT A YERBATII-I RECORD
OF TilE PROCEeDINGS, IS 11ADE, WHICH RECORD INCLUDES THE
TESTIMOIiY AND EVIDEIiCE UPOIi WIIICH THE APPEAL IS TO BE BASED.
1. INVOCATION
2. PLEDGE OF ALLEGIANCE
3. APPROVAL OF AGENDA
4. APPROVAL OF 11IrIU,E:: Oct. 21 ~ 28, Nov. 4 and Special Meetlng
Nov.5
5. PROCLAMATION AIiD PRESEIiTATIOIi OF' AWARDS
6. SOCIAL SERVICES
7. ADVERTISED PUBLIC HEARINGS
A. Petition NZ-80-14-C, Planning Department: reque.ting
amendment to Section 9, Ordinance 76-30, by adding a
paragraph I I, OCT" Critical Treatment Overlay District,
special regulations for areas of environmental sensitivity.
(Planning Dept) (Continued from 10/21, 11/11 & 11/18 Agendas)
B. Petition CCCL-80-10-C, Surety Construction for Vanderbilt
Surf Coionics l\ssociat10ii. Ltd.: requestfnl') a variance
from the Coastal Construction Control Line for Lot 5,
Block "A", Baker~Carroll Point Unit No.2. (Community
Development)
C. Petition CCCL-CD-ll-C, Marco Island Deach Association:
requesting an. after the fact variance from the Coastal
Contruction Control Line for the residents' beach at
Marco Island. (Community Development)
Agenda
Page 2
December 2, 1900
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D, . Petition FDPO-80-V"lS, Danny Neal Kitchell: requcsting
approval of a variance from the minimum base flood clcvatlon
rcqulred by the Flood Oamagc Prevention Ordinance for
property locafed on Tract "J" of Lot 2 of Smallwoods
Subdivision on Chokoloskee Island. (Planning)
E. Petition FOPO-V-16, Victor E. DekoRschin for Hideaway
Beach, Inc.: requesting approval of a variance from
the minimum base flood elevation required by the Flood
Damage Prevention Drdinance for property located at
Hideaway Beach Subdivision on Marco Island. (Planning)
F. Petition R-79-11-I. Clarence and Mildred Weeks: requesting
rezoning from "I-C-3" to "I-MHSD" for a parcel of land in
Section 3, T47S, R29E. (Zoning)
8. OLD BUSINESS
9. COUNTY MANAGER'S REPORT
A. COUNTY MANAGER
(1) Recommendation to enter into a new contract agreement
with Ileinrich O.E. Schmid. M.D. for District Medical
Examiner serv;cC5.
B. COMMUNITY DEVELOP~ENT
(1) Petition PU-77-IS-C, Exxon Corporation: requesting
extension of prov1siona1 use 1 of the "A" Agriculture
Oistrlct which was originally approved December 6,
1977 .
(2) Resolutions to recover funds expended by the County
to abate a puhl ic nuisance (weeds and vegetation) on:
(a) Lot 13, Block 69, Unit 3, Golden Gate CIty
(b) Lot 14, Block 278, Unit 8, Golden Gate City
(c) lot 2S, Block 13, Unit 2. Lely Tropical Estates
(3) Recommendation for. adoption of emergency ordinance
amendill~J Ite-itlth cude to claloS(y the l'l:qu1rcmcnt for
sewage disposal facilities re. new building permit.
C. PUBLIC SAFETY
(1) Rccommrndatlon for approval for County-wide dog and
cat ncuterlng program, (Continued fro. 11/~/nO)
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(2) Rcc~m",~ndatlon to apProv~ royls~d contract with
Roy Shel1.,bargcr fOi y,{vlc~s ',t the MVI Slatlon.
w, n~Pl .","'()2
Agenda
Page 3
December 2, 1980
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(3 )
Request by Optimist Club to fly Santa Claus from
Airport to Anthony Park on Dec. 23 or 24, for benefit
of the children in the black community. .
D. PUBLIC WORKS
(1) Request by G.E. Carroll, representing Statewide
Environmental Contractor's, Inc., for ruling on
proposed franchise provision pertaining to exclusive
right to collect construction debris as a condition
of purchase of Marco Solid Waste Collection Franchise.
(Continued from 11/11 & 11/18 Agendas)
(2) Recommendation to consider termination of the Garbage
Franchise Agreement with B & B Disposal Service,
Marco Island and Goodland.
(3) Recommendation for final acceptance of various streets
within Harco Beach Units 4,5,8 and 13.
(4) Recommendation for preliminary acceptance of various
streets within Marco Beach Unit 6.
(5) Recommendation for final acceptance of various streets
in Marco 8each Subdivision within the Marco Water and
Sewer District, Phase 1, subject to payment of $14,850
for "punch list" items.
(6) Status Report on proposed Collier County Public
Transit System.
(7) Recommendation to authorize a lease agreement between
the County and Bernard Keith Popejoy at the Immokalee
Airport, for op:>rating a horticultural nursery (growing
ferns).
(8) Recommendation that the Board authorize an extended
lease agreement between the County and Ripcord Para-
Divers at the Immokalee Airport.
(9) Recommendation to approve agreement with Florida Power
& Light Company to relocate their facilities at their
expense in certain railroad right-of-way to be acquired
by the County.
(10) Recommendation for approval of amendment to lease-
purchase agr~ement. Collier County/Slate of Florida
Ten Million Dollar Bond Issue.
Agenda
Page 4
December 2, 1 980
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E. . HEALTH
(1)
Recommendation to approve location of a mobile office
unit on south side of Bldg. "A" for s~eciAl federally
funded WIC (Supplemental Food for Wc~en, Infants and
children) Program.
F. PURCHASING
(I) Recommendation to aw^rd Bid 1460 - Beach Access
Shelters
(2) Recommendation to waive bid process for the conversion
of a veh~cle to a fire fighting apparatus.
10. DATA PROCESSING MANAGER'S ~EPORT
, 11. UTILITIES MANAGER'S REPORT
12. CO~NTY ATTORNEY'S REPORT
13. CLERK TO THE BOARD'S REPORT
A. Payment of bills
B. Budgct amendments
C. Othcr
14. BOARD OF COUNTY COMMISSIONERS
A. Recommendat10n for appointment of Reverend Richard Mapes
as thc alternate BCC appointee to the S.W. Florida Mental
Health Board, Inc.
B. Recommcndation for appointment to the Contractors Licensing
Board.
C. Recommendation for appointments to'the Board of Building
Adjustments & Appeals.
15. MISCfLlANEOUS CORRESPONDENCE
15. HEW BUSINESS
17. PUBLIC PETITIO~S
18. ^O.lOIlRN
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aO:JK 058 rm...ns
December 2, 1980
AGENDA - APPROVED WITH DELETION AND DEFERRA~
Commissioner Wenzel moved, seconded by Commissioner Brown and
carried 4/0, with Commissioner Wimer absent, that the agenda be ap-
proved with the following deletion and deferral:
1. Petition NZ-80-l4-C, Planning Department: re amendment
to Section 9, Ordinance 76-30, by adding a paragraph II,
"CT" Critical Treatment Overlay District, special regu-
l~tions for areas of environmental sensitivity - Withdrawn.
2. Petition R-79-11-I, Clarence and Mildred Weeks; request-
Ing rezoning from "1-C-3" to "I-MISD" for a parcel of land
in Section 3, T47S, R29E continued to December 16, 1980.
PETITION NZ-BO-14-C, PLANNING DEPARTMENT RE "CT" CRITICAL TREATI1ENT
OVERLAY DISTRICT - WITHDRAWN
During general discussion of Petition NZ-80-l4-C, the following
people commended the Board of County Commissioners for discontinuing
any further consideration of "CT" Critical Treatment zoning as an
overlay district: George F. Keller, Herman Verrett, Paul E. Lees and
John W. Vaughn.
Community Development Administrator Terry Virta explained that,
based upon correspondence from the Jacksonville Office of the U.S. Army
Corrs 0f ~n~inppr< whirh inrl1r~t~~ the Corps i~ exercisinQ jurisdiction
over presumptive wetlands within the Estates areas as well as other
ar-eas in Coll ier County, tile Planning Department is asking to withdraw
t:,e proposed "CT" item from the agenda and is asking the Board of (.ounty
Commissioners for direction in terms of rezoning the far areas of the
Estates to "E" and/or Agricul>urc, as well as examine those areas which
would be appropriate to have the "ST" overlay placed upon them.
Responding to Commissioncr Pistor, Mr. Virta agreed there was
merit in having the staff look at the specific language within the "Sr"
provisions and use this designation in ar'". which are felt to be en-
vironmentally critical and sensitive.
Aftcr general discussion, Commissioner Kruse moved, seconded by
Commissioner Brown and carried 4/0, with Commissioner Wimer absent. to
wi thdraw the concept of "CT" type zoning as an overlay from the agenda.
December 2, 1980
MINUTES OF OCTOBER 21 AND 28, 1980 - APPROVED
Commissioner Wenzel moved, seconded by Commissioner 8rown and carried
4/0, with Commissioner Wimer absent, that the minutes of the meetings of
October 21 and 2B, 19BO be approved as presented.
RESOLUTION 80-266 RE PETITION CCCL-80-10-C, SURETY CONSTRUCTION FOR VAN-
DERBILT SURF COLONIES ASSOCIATION, LTD. - ADOPTED
Legal notice having been publiShed in the Naples Daily News on No-
vember lE, 19BO as evidenced by Affidavit of Publication filed with the
Clerk, public hearing was held to consider Petition CCCL-80-10-C, filed by
Surety Construction for Vanderbilt Surf Colonies Association, Ltd., re-
questing a variance from the CeeL tor Lot 5, Block "A", Gakei-Currcll Pc1r:'t
Unit No.2.
Environmental Consultant Dr. Jay Hannie referred to the Executive
Summary doted 12-2-BO and otated the petitioner had a previous petition
denied by the Board of County Commissioners but, "pon conferring with staff
and one of the Comnissioners, the applicant was here today to provide
;"dditiClr.<ll infor;;">('"l~io". Dr. Hl\rmic stated the applicant has agreed to use
the Floratam variety of Sl. Augustine grass for the sod to be used in
creating a luwn-type condftlon approximately jiG
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established CCCL, and that the sea oats will not be disturbed. Dr. Hannie
recommended approval of the variance subject to the stipulations set forth
in the related resolution.
In response to Commissioner Pistor, Dr. Hannie stated that the plant-
ing of vegetation in this area would be beneficial and it was questionable
in his mind whether said planting could be considered construction. In
response to Conrnissioncr Kruse, the petitioner stated the sod would be
sprinkled by manual labor by the Condominium Association.
Commissioner Wenzel moved, seconded by Commissioner Brown and carried
4/0, with Comnissioner Wimer absent, that the public hearing be closed.
Commissioner Wenzel moved for the adoption of Resolution 80-266 with
regard to Petition CCCL-BoclO-C, filed by Surety Construction for Vanderbilt
Surf Colonies Association, Ltd. requesting a variance from the CCCL for Lot
5, Blo~k "A" Baker-Carroll Point Unit No.2. The motion was seconded by
Commissioner Brown and carried ~/O, with Commissioner Wimer absent.
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December 2, 1980
RESOLUTION 80-267 RE PETITION CCCL-80-11-C, MARCO ISLAND BEACH
ASSOCIATION. - ADOPTED
Legal notice having been published in the Marco Island Eagle on
November 13, 1980 as evidenced by Affidavit of Publication filed with the
Clerk, public hearing was held to consider Petition CCCL-BO-ll-C, filed by
Marco Island Beach Association requesting an after-the-fact variance from
the CCCL for the residents' beach at Marco Island.
Environmental Consultant Dr. Jay Harmic explained that the after-the-
fact request is for a permit to construct eight chickee-type shelters on
the beach. Dr. Ha'.",;c stated that, in his opinion, there was no malicious
intent involved in the placement of th~.e shelters on the beach. He stated
the Department of Natural Resources discovered the shelters and asked that
the Beach Association get a permit. Dr. Harmic said he does not consider
the palm frond shelters to be detrimental to the beach and recommends that
the Board of County Commissioners approve this petition and waive the
application fee. Mr. Wm. Gentry and Mr. E. Glenn Tucker of the Marco
Island Beach Association stated that the Association is a non-profit organ-
lzation, which manages the beach and which is dedicated to the use of the
residents of Marco Is1",(], and the request to waive the application fee was
made on that basis.
Cormlissioner Wenze1 moved, seconded by Corrrnissioner Brown and carried
4/D, Commissioner Wimer absent, that the pUblic hearing be closed.
Conrnissioner Wenzel moved, seconded by Commissioner Brown and carried
4/0, Commissioner Wimer absent, that ReSolution 8D-267 re Petition CCCL-80-
ll-C, granting a variance to the CCCL for Marco Island Beach Association be
adopted.
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RESOl.UTION 80-268 RE PETITION FDPO-80-V-15. DANNY NEAL MITCHELL, RE A
VARIANCE FROM MINIMUM BASE FLOOD ELEVATION REQUIRED BY FDPO 179-62 -
ADOPTED
December 2, 19BO
Legal notice having been published in the Naples Daily News Co
November 16, 1980 as evidenced by Affidavit of Publication filed with the
Clerk, public hearing was held to consider 'Petltion FOPO-80-V-15, filed
by Danny Neal Mitchell requesting a variance frcm minimum base flood
elevation required by FDPO 79-62 on property described as lot 2 of
Smallwoods Subdivision on Choko10skee Island.
Planner Tom McDaniel explained that the petition is for the
placement of a mo~ilp. home on the above-mentioned property at an e1e-
vation of 10 feet (NGVD) instead of 16 feet (NGVD) as required by the
FDPO 179-62, which would require a 6 foot variance. He stated that the
application complies with the provision in the Ordinance that states
where there are grade level homes existent on both sides a variance can
be granted, when the lets are 1/2 acre or less. Mr. McDaniel explained
that, although a variance has never been granted under this set of cir-
cu~ctances for a mobile home, the staff feels that no distinction should
be drawn and recommends approval.
Commissioner Wen~cl moved, seconded by Commissioner Brown and car-
ried 4/0, wito Conlnfssioner ~imer absent, that the public hearing be
closed.
In answer to C~lmissioner Kruse, Mr. McDaniel stated about 80% of
the applicants comply with the FDPO 17962 requirements.
Commissioner Wenzel moved, seconded by Commissioner Brown and car-
ried 4/0, with Commissioner Wimer absent, that Resolution 80-268 re
Petition FDPO-80-V-15, filed by Danny Neal Mitchell, granting a variance
from the minimum base flood elevation, be adopted.
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Dccembcr 2, 19BO
RESOLUTION 80-269 RE PETITION FDPO-80-V-16, VICTOR E. OEKONSCHIN FOR
HIDEAWAY BEACH, INC. RE A VARIANCE FROM MINIMUM BASE FLOOD ELEVATION
REQUIRED BY FDPO #79-62 - ADOPTED
Lcgal notice having been published in the Naples Daily News on
November 16, 1980 as evidenced by Affidavit of Publication filed with
the Clerk, public hearing was hcld to consider Petition FDPO-80-V-16,
filed by Victor E. Dekonschin for Hideaway Beach, Inc. requesting a
Planner Tom McDaniel explained that the petition is to permit the
variance from minimum base flood elevation required by FDPO #79-62 on
property located at Hideaway Beach Subdivision on Marco Island.
co"struction of two security 9ate houses at two entrances to the Hide-
away Beach Subdivision at an elevation of 6.5 feet (NGVD) instead of 12
feet (NGVD) as required by the FOPO #79-62, which requires a 5.5 foot
variance. He explained these will be manned gate houses with a watch-
man on duty at both locations, and said that the staff agrees with the
applicant that the gate house function requires a ground level location.
Mr. McDaniel stated that the two buildings can be floodproofed and this
is being proposed to the applicant. He described the procedure whereby,
in time of a hurrican~, the buildings would ha"e the ability to have
positive inflow of wat~r and drainage without pressures on the walls
causing the walls, windows or doors to collapse. Mr. McDaniel stated
that the staff has called the Federal Emerg~ncy Management Agency in
Atlanta and discussed the above situation at length, as well as the
staff's reconrnendation, and said that the Florida area agency liaison
person concurs with the staff recommendations. On the basis of this
concurrence, Mr. McDaniel said the staff recDmrr€nds approval of Petl-
tion FOPO-80-V-16 conditioned on the applicant floodproofing the gate
houses to the Corps of Engineers W-4 level and that the applicant
satisfies the staff that the floodprooflng has been done.
Mr. Victor Dekonschin, representing the applicant, described the
construction of the gate houses as being basically a column building,
all concrete, designed to withstand any type of erosion from the site
due to flooding. He explained that the electrical device plugs will be
above thc flood plain line and are removable.
December 2, 1980
General discussion followed regarding the building being placed
above the County required road grade by 6 inches.
Commissioner Brown moved, seconded by Commissioner Kruse and carried
4/0, with Commissioner Wimer absent, that the public hearing be closed.
In response to Commissioner Pistor, Mr'. Virta stated that for
structures like these gate houses, both the Building Department and
Planning Department check the elevations to make sure the buildings
conform with the County requirements.
Commissioner Brown moved, seconded by Commissioner Kruse and carr1~d
3/1, with Commissioner Wimer absent and Commissioner Wenzel opposed, that
Resolution 80-269 re Petition FDPO-80-V-16, filed by Victor E. Dekonschin
for Hideaway Beach, Inc., granting a variance from the minimum base flood
elevation, be adopted.
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December 2, 1980
PETITION P-79-11-I, CLARENCE ftND MILDREO WEEKS, REQUESTING REZONING FROM
"I-C-3" TO "H1HSD" FOR A PARCEL OF LAND IN SECTION 3, TOWNSHIP 47 SOUTH,
RANGE 29 EAST - CONTINUED TO 12/16/80 ____
Legal notice having been published in the Naples Daily News on
October 31, 1980 as evidenced by Affidavit of Publication filed with the
Clerk, public hearing was opened to consider Petition'R-79-11-I, filed by
C1arence and Mildred Weeks, requesting rezoning from "I-C~31t to "I~MHST"
for a parcel of land in Section 3, T47S, R29E. County Manager Nonman
reoorted that a verbal request was received from Mr. Weeks to have the
petition continu~d to Decp.mber 16, 1980.
Commis,ioner Wenzel moved, seconded by Commissioner Brown and car-
ried 4/0, with Commissioner Wimer absent, that the request be granted.
IIEW COIITRACT ft.GREEMENT WITH HEINRICH O.E. SCHMID, M.D. FOD ~ISTRICT
MEDICAL EXNII:IER SER'ilCES - APPROVIP FOR CHAIRMAN'S EXECUTIuN
Administrative Assistant to the County Manager Gene Willett ex-
plained that during budget deliberations the Board of County Commis-
sioners requested the County Manager to review the Medical Examiner fee
schedule. He stated that in complying with this request other counties'
costs in this area were reviewed and a new, more detailed line item bud~
get for said services resulted in ar, approxirildte r,..,du....tion in costs of
$Q,330 for Medical [xarnlner service~. Mr. Willett referred to the letter
from Or. Schmid contained in the Executive Summary dated 12/2/80 indi-
cating the hardships he incurs in performing his services and also indi-
cating that he is willing to live within the budget e'tablished if his
fee increase is granted. Mr. Willett explained Dr. Schmid's fee increase
amounts to approximately 101, and said that Dr. Schmid stated that, if at
the latter part of the fiscal year, the case~ork volume is such that,
when applied to the new fee schedule, it would cause expenditures in
excess or the l>udyd., tiC wOu1d perform th05e ser\ric€s ~t cc~t. Mr.
Willett said that, based on the above-mentioned items, it is recommended
th,t the contract and new fee schedule set forth in the Executive Sunmary
be approved.
Commissioner Wenzel moved, seconded by Commissioner Brown and carried
4/0, with Comnfssioner Wimer absent, that the new contract ~greewent with
Heinrich O.L Schmid. M.D. for District Medical Examiner Services be
authorized for the Chainman's execution and that the fee schedule be
approved.
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December 2, 1980
RESOLUTION 80-270 RE PETITION PU-77-15-C, EXXON CORPORATION RE EXTENSION
OF PROVISIONAL USE 1 OF THE "An AGRICULTURE DISTRICT, TO DECE~IllER 6,
1981 - ADOPTED
Planner Lee Layne stated that Exxon Corporation is requesting an
extension to December 6, 1981. of the provisional use 1 granted December
6, 1977 for property described as SE 1/4, Section 33. T515, R34E. She
read the Executive Summary dated December 2, 1980 and added that the
staff recommends that the extension be granted as requested.
Commissioner Brown moved, seconded by Commissioner Wenzel and
carried 4/0, with Commissioner Wimer absent, that Resolution 80-270 re
Petition PU-77-15-C, filed by Exxon Corporation, granting an extension
of provisional use 1 of the "A" Agriculture District to December 6, 1981
be adopted.
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BDQ~ 058 PAGE.,..29
December 2, 1980
RESOLUTION 80-271 TO RECOVER FUNDS EXPENDED BY TIjE COUNTY TO ABATE A
PUBLIC NUISANCE ON LOT 13, BLOCK 89, UNIT 3, GOLDEN GATE CITY - ADOPTED
Commissioner Wenzel moved, seconded by Commissioner Brown and car-
ried 4/0, with Commissioner Wimer absent, that Resolution 80-271 to re-
cover funds expended by the County to abate a public nuisance on Lot 13,
Block 89, Unit 3, Golden Gate City, owned by Madeline Loopman, be adopted.
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December 2, 1980
RESOLUTION 80-272 TO RECOVER FUNDS EXPENDED BY THE COUNTY TO ABATE A
PUBLIC NUISANCE ON LOT 14, BLOCK 278, UNIT.S, GOLDEN GATE CITY -
ADOPTED
Commissioner Wenzel moved. seconded by Commissioner Brown and car-
ried 4/0. with Commissioner Wimer absent, that Resolution 80-272 to
recover funds expended by the County to abate a public nuisance on Lot
14. Block 278, Unit 8, Golden Gate City, owned by Gerald R. Boudenell,
be adopted.
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058 PAGE-r33
December 2, 1980
RESOLUTION 80-273 TO RECOVER FUNDS EXPENDED BY THE COUNTY TO ABATE A
PUBLIC NUISANCE ON LOT 25, BLOCK 13, UNIT 2, LELY TROPICAL ESTATES _
ADOPTED
Commissioner Wenzel moved, seconded by Commissioner Brown and
carried 4/0, with Commissioner Wimer absent, that Resolution 80-273 to
recover funds expended by the County to abate a public nuisance on Lot
25, Block 13, Unit 2, Lely Tropical Estates, owned by William McCrayal.
be adopted.
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BOOK 058 PAGE-v-35
December 2, 1980
CONSIDEMTlON OF ADOPTION OF AN lMERGENCY ORDINANCE AMENDING THE
HEALTH CODE - DEFERRED TO DECEMBER 9, 1980
Community Development Director Terry Virta explained that the
staff has recently discovered that there is no clear cut require~nt
that approval of individual sewage waste disposal facilities be re-
quired prior to the issua~ce of a building permit for certain types
of structures in Collier County. As a result of this, he said, the
Conmunity Development Division is requesting that an emergency be de-
c1areJ in order to adopt an ordinance amending the Health Code which
will re.quire that sewage waste disposal systems be approved prior to
the issuance of any building permit where plumbing fixtures are in-
stalled.
Gener~l discussion followed and, responding to a request by County
Attorney Pickworth, Commissioner Brown moved, seconded by Commissioner
Wenzel and carried 4/0, with Commissioner Wimer absent, that consider-
ation of adoption of an emergency ordinance amending the Health Code be
deferred to December 9, 1980.
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RECESS: 10:00 A.M. to 10:10 A.M.
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CONSIDERATION OF ADOPTION OF A RESOLUTION TO ESTABLISH A DOG AND CAT
NEUTERING PROGRAM IN COLLIER COUNTY - DEFERRED FOR APPROXII>1ATELY FOUR
WEEKS
Public Safety Administrator Tom Hafner explained the proposed dog
and cat neutering program in Collier County which would utilize designated
funds frem the animal license fees, and he said the program would be avail-
able to persons who are financially handicapped since the neutering servic~
would be offered at a reduced fee. He further explained that the preposed
ordinance would provide that $1.00 of the ~3.00 license would be placed
into a separate fund to be used to establish and maintain the neutering
program. Mr. Hafner referred to the Executive Sumnary dated 12/2/80 and
stated that the program is an attempt to resolve the problem of overpop-
ulation, stray and abandoned dogs and cats in Collier County.
December 2, 1980
Mr. Lloyd Maritz, President of the Huma~e.Society of Collier County,
explained that on October 1, 1980 a new law went into effect making it
mandatory that any animal adopted from the Humane Society had to be
spayed or neutered, and added that the Society feels this 1s a good law
as it should help decrease the unwanted animal pORulation. However, he
said, the immediate effect of this law has greatly reduced animal adop-
tions because of the costs involved. Mr. Maritz stated that he under-
stands that, under the proposed ordinance, the Collier County Veterinarians
Association would perfonn the spaying and neutering ser'lice at the
norrn..:..l "retail" charge, which means there would be no price concessions
mdoe hy the veterinarians for their ser\ ices toward the stray and unwanted
animals of Collier County. Therefore, Hr. Maritz stated. the Humane
Society does oot believe the proposed program is wide enough in scope to
allow a sufficient amount of animals to be effective because of the
following reasons:
1. It is directed to financially handicapped persons using
the income eligibility levels for indigent care and dental
referrals.
2. Even with the 530.00 payment by Animd1 Control, the cost
to adopt a stray or unwanted animal for the financially
disahled could be from 591.00 to $128.00, over and above
the $30.00 paid by the County, rer voCcim:5. ~'cz.;-~'..'::-::-:
check, and dip.
3. Since the new law became effective, the adoption rate has
decreased 50% and the euthp.nas1a rate has increased ap-
proximately 30% and the Society does not feel the County's
proposed program will materially change the situation.
Mr. Maritz said the Humane Society 60ard feels there is a definite
need for a low cost spay-neutering clinic that could apply for all
animals adopted from the Humane Society and the organization is taking
steps to accomplish this. lie said $6,000 of the goal of $50,000 to
establish such a clinic has been raised thus far. He explained an
architect has donated his services to draw plans for converting the
Society's existing building to the planned clinic and a lumber company
will donate the materials for this project.
Mr. Mdritz explaIned that, as an intcrim program, the Society has
located a Florida liccnsed veterinarian in Lee County who ~ill spay or
neuter anr dog, regardless of size, for $30.00, and any cat, Male or
f~le, for $10.00. He statcd the Hum4ne Society would see that tho
animal has the necessary shots and heartworm check prior to surgery and
tOOl OSS IAChJ6
eoOK
058 P~GE .~37
December 12, 1980
he added the necessary vaccine can be purchased at cost from the Lee
County Humane Society. Mr. Marftz said the Society will be responsible
for transporting the animal to and from Lee County and, following the
aforementioned procedure, an animal could be adopted from the sheltEr,
spayed or neutered, with all necessary vaccines at a cost of $50 for
dogs and $30 for cats.
Mr. Maritz stated that the Humane Society feels this program is
preierab1e to the County's proposed program since it is less costly to
the persons adopting animals and there is no COlt to the County or the
taxpayers. He said that, since the Society would prefer an 'Interim
program in which the Collier County Veterinarian Association would par-
ticipate, the Society has sent a letter dated 11/18/80 to the Association
asking that each veterinarian give 2 and ~ days per year to do the spay-
ing or neutering, >lhich would mean '; day over a ten-week period, but no
response hdS been received as yet. Since the Humane Society believes in
the benefits that a neutering pr09ram would provide, Mr. Maritz requested
that the County designate the funds which the Countj has set aside in
the budget to expedite the day the Society's clinic could be put into
oper'aLlon wl11ell wculd benefit the peopie and the animals of Collier
County.
After a short discussion, the fact was established that there is a
budgeted line item of $5,000 for a spaying and neutering program in the
County's budget. County Manager Norman suggested that. if the Commissioners
are wi II ing to consider the Humane Society proposal, the program should
be referred back to staff to negotiate a specific agreement as to how
the money is to be used. and Mr. Mdritz stated the Humane Society would
be happy to cooperate.
Mr. Clark Williams. Director of the Humane Society, spoke briefly
and said he hoped the Commissioners would consider the Society's proposal.
After a general discussion. Commissioner Wenzel moved, seconded by
Commissioner Brown, to approve the resolution to establish a county-wide
cat and dog neutering program as presented by Public Saf.ty Director
Hafner Jnd ask the staff to work as closely cs pOSSible with the veter-
inarians and Humane SOCiety to create a more favorable program.
December 2, 19BO
County Attorney Pickworth stated it would not be possible to adopt
the County's resolution and give the Humane Society the financial support
they are seeking, After further discussion, Commissioner Wenzel withdrew
his motion.
Commissioner Kruse moved, seconded by Commissioner Wenzel and car-
ried 4/0, with Commissiuner Wimer absent, that the staff be asked to work
in conjunction with the other agencies to develop the best overall
neutering and spaying program to benefit the animals of Collier County
and bring that program back to the Board within a month.
REVISED CONTRACT WITH ROY SHELLABARGER FOR SERVICES AT THE IMMOKALEE
M.V.1. STATIO;; - ~PPKOVEO
Puolic Safety Administrator Tom Hafner explained that, due to the
resignation of the Suporvisor of the Immokalee Motor Vehicle Inspection
Station, Mr. Roy Shellabarger, a long-time employee of said station, has
volunteered to take over the Supervisory position until a permanent
supervlsol' can be hired. Mr. Hafner said that he recommends the revised
contrJct be approved for Mr. Shellabarger, with an hourly rate increase
from $5.00 per hour to $6.00 per hocr.
Commissinnpr Brown moverl. seconded by Commissioner Wenzel and
carried 4/0, with Commissioner Wimer absent, that a revised contract with
Roy Shellabarger for services at the Immokalee Motor Vehicle Inspection
Station be approved.
*
*
.
.
.
.
.
*
*
*
U,~l 058 N.'A...38
D~cember 2, 1 980
BOARD GRANTS APPROVAL TO OPTIMIST CLUB TO USE HELICOPTER TO FLY SANTA
CLAUS FROM A r RPORT TO ANTHONY PARK ON DECEMBER 23 OR 24
Public Safety Administrator Tom Hafner explained that the Optimist
Club has requested the use of the County helicoptor to fly Santa Claus
from the Naples Airport to Anthony Park on December 23 or 24, 1980. He
said that the Optimist Club will reimburse the County for the minimal
fl1ght time involved, and that the staff recommends that the request be
approved in the interest of good public relations.
Commissioner Brown n~ved, seconded by Commissioner Wenzel and car-
ried 4/0, with Commissioner Wimer absent, that the Bocrd grant approval
to the Optimist Club for USe of the County helicopter to fly Santa
C1JU~ from the J1r~ort to ^~thony PJrK on December 23 or 24, '980,
TRIINSFER OF THE MARCO ISLAND GARBAGE FRANCHISE FROM B & B DISPOSAL (MR.
A.P. "BUD" KIRK) TD STATEWIDE ENVIRONMENTAL CONTRACTORS, INC. (JOSEPH
AND MARGARET MACMUSO) - DEIIIED UNTIL TERMS AND CONDITIONS ARE MET
Public WorKS Administrator/Engineer Clifford Barksdale referrEd to
the Executive Sunrnary dated 11/18/80 and explained that Mr. G.E. Carroll,
Counsel for the proposed purchasers of the Marco Island garbage franchise,
Statewide Environmental Contractors, Inc., in a letter dated 10/31/80,
h~~ i~~i:~t~: :~~t :~~ ~~~~8~~: ~~~~~~~c~ ~: i~ :~b:t~~ti~l a~r~~~~~t
with the staff reconrnendations except Section 4D, ~ecial Exceptions.
Mr. 8arksdale said that the franchise, as reconmended by the staff, does
not grant the opcrdtor the exclusive right for the collection of con-
struction and demolition debris, butt he said. St~tew;de Environmental
Contractors, Inc., the prorosed purchaser, has requested that the language
in the agreement be changed to grant the operator the ~lusive right to
collect construction rubble and demolition debris as well as other ma-
terials defined in Paragraph 4D. Mr. Barksdale stated that the proposed
purclldscr contends, without such exclusive rights, the present economic
base of residential and comnercial customers is insuffic'lent to support
a good operation and, therefore, the firm cannot accert the terms and
conditions of the proposed agreement.
Mr. Barksdale said the staff recommendation for retaining the lan-
guage in the agreement is based on the following:
~c;\ 058 rAGrAO
BOD! 058 PACh-4!'
December 2, 1900
A free competitive market, as currently exists throughout
the County, would provide the best service and rates to
those who require this type of service.
2. Granting an exclusive right would, in all likelihood,
require that the County regulate the rates.
1.
3. The same paragraph was an issue during the negotiations
with Waste Management, Inc.; and, for the above reasons,
the Board voted to let this type of service remain com-
petitive. The 'ame was Included in the recently negotiated
franchise for the Inmokalee a'-ea.
Mr. Barksdale stated that the staff also recomnends that transfer of
the Franchise Agreement not be approved by the Board until a pro forma
has been submitted which is acceptable to tho County's Rate Consultant
and which indicates that the rates and operating expenses are reasonable
~nd will provide the operator with a fair rate of return.
Mr. G.E. Carroll, representing Statewide Environmental Contractors,
Inc., tile proposed purchaser of the Marco Island garbage franchise, ex-
plained that B & B Dispos,,] has a franchise which has three years to be
in effect before its expiration. Mr_ Carroll re'erred to this franchise
as a contract and stated his client has offered Mr. Kirk, the exclusive
owner of B & B Disposal, a quarter of a mlllion dollars for the fcanchise
based upon the existing franchise which requires that the County approve
,1nv assignment of the cootract to a third party. Mr. Carroll stated ;t
was his client's contention, at the time of the offer to purc.hase the
franchi,e, that the contract was assignable subject only to the approval
of the Board of County Corrmissioners. He said his client feels that the
right to approve an assignment does not "go as far" as the staff has
;ndicated, which is that the contract must be re-written in its entirety.
Mr. Carroll stateG that his client contends this Is outside the original
requirement, that the County approve an assignment to a third party, and
he stated he thought the County, in good conscience, should henor the
contract which was entered into with B & B Disposal as to scope. He
stated that, after meeting with staff, although h1i client dcc~ not
believe the contract agreement needs to be re-written, his clIent agrees
with the revised contract with the exception of the right of cullectlng
construction debris which covers the following; construction and demolition
debris; liquid and solid sludges; septic tank waste waters; chemical
wastes, explosives; flammable material; and hazard toxic wast~. solid or
liquid.
December 2, 1980
Responding to Commissioner Wenzel, Mr. Carroll said there is a
clause in the franchise in effect now which states "however, nothing
shall prohibit any pending contractor or owner from disposing of his
own waste of this tYRe", which means this type of waste disposal is
possible but, if a contractor hires a third party, Mr. Carroll contends
his client's firm should be hired. Mr. Carroll stated he has filed a
detailed brief with the County Attorney addressing this point in ques-
tion. Mr. Carroll listed the following points as reasons why his client
contends the revised contract should grant exclusive ri,ht to collection
of construction debris to his client:
1. The aforementioned clause as it now exists in the B & B
Franch is e.
2. Of the approximate 1000 houses on Marco Island, only 500
residents are current B & B Disposal customers because
of the nearby transfer station which enables people to
take their own garbage and trash there.
Mr. Carroll e1plained his client has had Walter Rogers, a C.P.A., prep,re
,
a cost factor on the operation which his client anticipates to put into
effect on Marco Island and that this cost factor C0vers residential and
commercial accounts and also includes anticipated amounts for construction
dc:ri~.
Commissioner Pistor noted that the County re-wrote the franchise
when there was a change from Yahl Brothers to Waste Management for collection
of trash in the rest of Collier County. He said that this was approximately
a year ago and, at the time the discussion first started about the transfer
of B & B Disposal franchise, Connlissioner Pistor gave copies of the Waste
Management FRanchise to the proposed purchaser indicating that franchise is
what the County is now operating under, he said, and told the people the
same franchise would apply should they purchase the B & B franchise, be-
cause the County has learned the re-written franchise is in the best in-
terest of the people of Collier County.
A lengthy discussion followed during which the County Attorney Pick-
worth took exception to Mr. Carroll's statement that the County has a
legal obligaticn to honor the 8 & 8 Disposal franchise. He said the
County has the right to set whatever terms and conditions the County deems
fair on behalf of the public. Commissioner Plstor referred to a letter
~o~x 058 Im~42
BOOK
058 PAGE ..A3
December 2, 1980
from a law firm on behalf of its clicnt, Structural Systems, Inc..
re9arding the proposed franchise for construction debris removal on Marco
Island, which states that the present garbage franchise does not appear
to cover construction debris because the present franchise holder has not
been engaged in construction debris removal and Structural Systems, Inc.
has provided that service for Marco Island since the company was created
in 1974. COn1n1issioner Pistor read from the law firm's letter which
'states that since the grant of a franchise carries with it the general
duty to do whatever is necessary to accomplish the relevant services, a
failure by the franchise holder to provide this service for the County
clearly subjects the franchise to forfeiture and termination. He said
the lettcr states at thc present time Structural Systems, Inc. is pro-
viding a needed and well executed service for Collier County including
.loIa rco I s I and and the reques t by S tatewi de Envi r0nmenta 1 Contractors to
terminate the. service of Structural Systems, Inc. does nct appe~r to be.
in the interest of providing free market competition or the best services
for the lowest price to the citizens of Collier County. Commissioner
Pistor said the letter quotes 14 Florida Jurisdiction Franchises, Section
23 (1980) which states "where a duty is owed to the public in the exer-
cise of a francrise, lht? gruiltcc has no right to tri3nc;;fer his power and
privilege, under the franchise with0ut authority of the governing bcdy;
therefore, the County Commission is not required to ap~rove the transfer
of any franchise rights ,,"less such transfer is in the best interests of
the people of the County." Commissioner Pistor noted that Structural
Systems, Inc. has been providing construction debris removal on Marco
Island for at least six years because it was necessary.
At this point Mr. Rogers presented the projections he prepared, as
a C.P.A. for Statewide Envircnmental Contractors, concerning the proposed
franchise. He stated that the figures show that, with the limited amount
of business available on Marco Island at the present time, the operator
could not make a profit if they were running a first class operation, as
Statewide Environmental Contractors intends to do.
December 2, 1980
Mr. Rogers stated the fact that the staff elimination of the construc-
tion debris from the franchise, and the refusal to approve the transfer
of the franchise until a pro forma projection shows that the operator
can make a profit, makes it impossible for the operator to make a profit
without charging prohibitive fees unless the construction debris is in-
cluded.
Responding to Commissioner Kruse, County Attorney Pickworth stated
there is nothing in the proposed contract which would prevent the intended
purchaser from entering into a free market competition with any firm that
is currently removing construction debr's.
Mr. Charles Macaluso, a member of Statewide Environmental Contractors,
Inc., then presented the argument that if the County limits the franchise
to residential trash removal the rates would be so high the entire pro-
gram would be jeopardized. He stated that, as a lawyer, he understood
the franchlse which B & B Disposal has and advised his family that he
felt, legally, Statewide Environmental Contractors, Inc. has a right to
.aid franchise and that he dnes not anticipate any difficulty having the
County approve the transfer of the franchise. He related the procedure
wnereby his fir,!) dllJ a & a Dls~usal eXEcutE~ ~ c0~tr~ct fer tr~n~t~r cf
the franchise and he then accompanied his father, Joseph Macaluso, to see
Commissioner Pis tor to inform him of the intention of Statewide Environ-
mental Contractors, Inc. to purchase the B & B Disposal franchise.
After a lengthy discussion, County Manager Norman stated that the
Public Wo,'ks Division did some comparisons between the. Marco Island trash
removal operation and founo both are similar in size and yet the Immokalee
firm is able to operate a satisfactory operation with reasonable rates
within the parameters of the franchise.
Mr. William Schreck of Structural Systems, Inc. explained the devel-
opment of the company as a construction cleanup company for the past seven
years in Collier County. He presented fifteen letters from local con-
tractors supporting the work that Structu~a1 Systems, Inc. has performed
throughout Collier County, and he stated that the company grew on. free
enterprise. competitive system. Mr. SchrJck said Structural Systems, Inc'.
M~~ 058 p^~r...44
BOJ( 058 rm...45
December 2, 19BO
welcomes any competition on the open market, but he said he feels a
franchise for construction debris would hinder:
The several small companies which currently exist on
Marco Island for removing drywall debris as they would
no longer be able to be in business.
2. The quality of service for the contractors as it exists
today because competition keeps this quality high.
1.
Mr. Robert Doyle of Structural Systems, Inc. pointed out that B & B
Disposal has abandoned the right to pick up construction debris since
the company has never exercised that right. He stated that Statewide
Environmental Contractors. Inc. i~ ,'equesting a monopoly on construction
debris collection, and he said the public policy of the United States
government is against monopolies.
Mr. George Keller, speaking on behalf of Collier County Civic
Federation, pointed out that he feels, because of.the availability of
the transfer station on Marco Island, the County is competing with the
independent ope'atcr in providing a garbage pickup servl:e to the resi-
dents of Marco Island.
After continued discussion, Commissioner 8rown made a motion that
the Board approve the transfer of B & B Disposal's existing franchise to
Statewide Environmental Contractors, In~. County Attorney PiCkworth
pointed out that the first issue the Boaru of County Commissioners has
to consider Is that the franchise in question literally provides no pro-
tection for the public and a new franchise document needs to be written.
He stated the County has the right to insist upon new terms and conditions
in the franchise now that Mr. Kirk wants to sell said francl.lse. Com-
missioner Brown's motion died for lack of a second.
Commissioner Wenzel moved that the franchise transfer not be ap-
proved until the following terms and conditions are met:
I. The new franchisee has executed the agreement proposed
by the staff which does not include an exclusive right
for the collection or construcllon and d~T~11t1cn c2br1:.
2, That the new franchisee has submitted a pro fonna
acceptable to the County's rate consultant which indicates
that the rates and operating expenses are reasonable and
provide the operator with a fair rate of return:
3. After these conditions are met, that this item com& back
to the Board for final approval. These conditions would
r~sult in a franchise agreement which is virtually iden-
tical to those agreements executed by W~ste Management and
by the operator in Immokalee.
,.....,
December 2, 1980
~
Comm1ssioner Orown seconded the motion.
Mr. Rogers stated that Statewide Environmental Contractors, Inc.
cannot give the staff projections that show that the business will make
a profit without an exclusive ri9ht to the col1ect10n of construction
debris. After continued discuss10n, the fact was pointed out that B & B
Disposal never gave the required certified audit to the County to sub-
stantiate a rate increase. Upon call for the question the motion passed
3/1, with Commissioner Wimer absent and Commissioner Brown opoosed.
.
.
.
RECESS: 12;30 P.M. until 2:00 P.M.
.
*
*
SHOW CAUSE LETTER RE PUBLIC HEARING FOR CONSIOERATION OF TERMINATION
OF FRANCHISE AGREEI1EIIT WITH, & B OISPOSAL SERVICE IN MARCO ISLAND AND
GOODLAND - .~UTlIORIZ[D FOR CIIAIRHAII'S SIGNATURE: SAME HEARING TO BE
JANUI\RY 6, 19B 1
Public Works Administrator Clifford Barksdale referred to the Execu-
tive Summary dated 12/2/80 and read the contents thereof. lie said that
he is recorrmcnding that the Board set a date for the public hearing for
consideration of the termination of the Franchise Agreement with B & B
Disposal Service in Marco Island and Gaodland. and to authorize the Chair-
man to :;1gn a ~how.-Ct JSC LetLer Lv L2 fern,::,r,:.:.: ~:::: ~r. .^..P. Kil"'ltl t.hl;"
subject franchiseee.
Mr. Kirk asked the Ooard to continue this matter until his lawyer
returns from out of town and stated that a letter to this effect has been
sent to BCC. Mr. Kirk was assured that the action of the Board today
would not preclude an appearance by his attorney. as the Show Cause hear-
ing would be scheduled on January 6, 1981, as recommended by the County
Manager, and that date is some 30 days from now, as explained by County
Attorney Pickworth.
Mr. Pickworth stated that the merits of the consideration for termin-
ation will be decided at that time, and that Mr. Kirk and/or his attorney
will be heard at that time. He said that no discussion should be heard
tOday regarding the termination of the subject franchise.
The negotiations that are transpiring between Mr. Kirk and a pros-
~ctive purchaser of the SUbject disposal business was discussed briefly
and. in ans~r to Commissioner Kruse, Mr. Pickworth said that as far as
neo A~
BOJK 058' PMf.r.47
December 2. 1980
the staff is concerned these are two separate things, and up until the
time that the Board executes a new franchise to someone else, Mr. Kirk
is the Franchisee and is responsible for carrying out the terms of such
Franchise. He said that the action by the Board today will in no way
relieve Mr. Kirk of the legal responsibility of maintaining the terms of
the present Franchise.
County Manager Norman stated that there is a strong possibility
that by allowing service to continue in an unsatisfactory manner, the
County could be plltt1ng itself and the people who are served by this
Franchise-Holder, in a position of having to find somebody who will per-
form the services satisfactorily.
Mr. Kirk said that he has just spent some $10,000 on a new truck,
along with $5,000 for a new dumpster and feels that he is trying every
way possible to upgrage his operations. Chairman Pistor reminded Mr. Kirk
that once before the Board initiated a similar procedure and that due to
his efforts to make the needed corrections on the equipment, the Board
canceled the proceedings to terminate his Franchise, adding that if Mr.
Kirk is already making repairs he should not be Intimidated by the Board
action taken this date. Mr. Kirk said that he h~s two mechanics working
on the equipment at the present time. COlTlTlissioner Pistor said that this
is a legal procedure, which will protect both the County and Mr. Kirk.
COlTlTlissioner Brown nlOved, seconded by COlTlTlissioner Wenzel and car-
ried 3/1, with COlTlTlissioner Kruse opposed and Commissioner Wimer absent,
that the staff recolTlTlendation :J authorize the Chairman to sign a Show
Cause I.etter re a rub1 ic hearing on January 6, 1981 for consideration of
the termination of the Franchise Agreement with B & B Disposal Services
in Marco Island and Goodland be accepted.
*
_ .__~~..~__..~_w"""_
.'._..-;........~.~_._....~...:, 'll ~,j,'1fM~'.
-- ...--~---.,..~ ,~-' '".-'.--
e08K 058 PAGE ...49
. .
. 'December 2, 1980
reoultinG unoanitury conditions.
. Written complainto were received from Mr, Bartush of tho
Marriott Marco Beach Motel and Villao, Postmaster Arkecki of the
Marco Island Post Office and Mr. Heine of the Island Drug :';tor(!.
These written complaints, ~hieh arc attached hereto and mode a port
hereof, I\S Exhibits A I\nd B, cite no service, lack of dependable
service and reoultant unoanitary conditions due to overflowing
dumpoters and blowing trash. Also the compaction process deposits
liquids resulting in odors and a stench, obliging cleanup by the
personnel of t~e DruB Store.
Telephone complaints were received from Mr. Showalter of
Clearwater :Cederal and Sandy Amaral who manages the Island Plaza
stating that there wao a lack of pickup service for the tenants
of Island Plaza resulting in overflowing dumpsters and blowing
debrio and trash. Personnel at Vans by Doran stated they had
contracted f0r daily service, were not r~cciving same, and felt
fortunate to obtain a weekly trush pickup. This lack of daily
service resulted in large amounts of traoh and waste littering their
premioeo for extended periods of time.
On Tuesday. October 28, 19BO the engine became inoperative
in a oecond packer unit, (International Harveste~'). At this poinL in
time, two of the three packer units were inoperative, these two (2)
being the Ford Comlllercial Packer Unir I\nd the International
ll;lrveoter Unit. The Ford Commercial Packer Unit was repaired and
ope~ating by October 29. 1980.
December
ny:
December 2, 1980
FINAL ACCEPTANCE OF VARIOUS STREETS IN MARC?,.BEACH UNITS 4, 5, 8, AND
13 - APPROVED (,
Public Works Administrator Barksdale referred to the Executive
Summary dated 12/2/80, and read portions thereof. He said that it is
his reconmendation, that the Board approve the Final Acceptance of the
following streets in Marco Beach Units 4, 5, 8, and 13:
Unit 13
Unit 4
Martinique Court
Juniper Court
Sundrop Court
Iris Court
Redwood Court
Mul berry Court
Laurel Court
Heron Court
But terfl y Court
Orange Court
South Barfield Drive (Winterberry to
Barfield Court)
Winterberry Dirve (South Barfield to
Bridge)
Bridge
Devon Court
Ludlow Road
Travlda Terrace
Watson Road gInlet Drive to South
Barfield)
Newell Terrace
Heights Court-West
Caxambas Court West and Bridge
McElvane Court
Doxsee Terrace
Eubanks Court
Co~eland Drive
Un it 5
South Bahama Avenue
Unit 8
Barcelona Court
Capri Court
Pheasant Court
Persian Court
Commissioner Wenzel moved, seconded by Commis~ioner Brown and car-
.'
r1!:'d ~/0. with r.nfTJT1ic;c;ioner Wimer absent, that the above-reference1
streets be approved for Final Acceptance by the County.
PRELIMINARY ACCEPTANCE OF VARIOUS STREETS' IN MARCO BEACH UNIT 6 - APPROVED
Public Works Administrator Clifford Barksdale referred to the Exec-
utive Su~ary dated 12/2/80 and read the contents thereof, adding that
these streets which he is recommending for Preliminary Acceptance have just
been completed as part of the old plat and that all future streets in newly
platted areas will be required to have wider lanes. He said that the other
specifications for the streets are the same in both previously platted areas
and newly platted areas.
The following streets located in Marco Oeach Unit 6 were approved for
Preliminary Acceptance by a motion offered by Commissioner Wenzel seconded
by Commissioner Brown and carried 4/0, with Commissioner Wimer absent:
June Court
South Seas Court
Bon i ta Court
Cottonwood Court
M~..__ J'\n
BOOl
058 rm ....51
December 2, 1980
FINAL ACCEPTANCE OF VARIOUS STREETS IN MARCO OEACH SUBDIVISIONS WITHIN
THE MARCO WATER AND SEWER DISTRICT, PHASE I - APPROVED; SUM OF $14,850
ACCEPTED FROM DEL TONA FOR RECONSTRUCTION or ROADS AND RIGHTS-OF-WAY
Publ ic Works Administrator Cl ifford Barksdale referred t.o the
Execlltive Sunmary dated 12/2/80 from which he read portions and said
Bamboo Court
Waikiki Court
FairlaW!l Court
Barbados Court
Briarwood Court
Romano Terrace
Piedmont Circle
Rookery Court
Bi rwood Terrace
Nassau Court
Nassa~ Road
Butterfield Court
that certain Marco Beach Subdivision streets were constructed according
to the old platted requirements. He said that, with the sewer construc-
tion going on at this time, there will be a certain amount of damage to
the swales and roads in question and, therefore, Deltona has requested
that the County inspect the subject roads and supply them with a punch
list, with a dollar value attached, in order to preclude any disagreements
regarding the cost of reconstruction after the sewer project is complete.
He said that this has been done and that Deltona has agreed to pay the
County the sum of $14,850 for the reconstruction.'
Mr. Barksdale r2coITTnended that the Board approve the Final .~cceptance
of the followinc streets located in the Marco Beach Subdivisions that
lie within the Marco Water and Sewer District Phase I area and that the
Board accept the sum of $14,850 from Deltona for the cost of reconstruction
to the streets and rights-of-way upon completion of the sewer project,
same monies to be put int0 a Trust Fund Jntil such time as they are needed:
Commisioner Pistor asked when this sum of money is to be paid to
the County and Mr. Barksdale said that a relevant agreement was being
prepared at this time, and that as soon as it is completed and signed
Deltona will transfer the subject funds to the County.
Commissioner Wenzel moved, seconded by Commissioner Brown and car-
ried 4/0, with Commissioner Wimer absent, that the above-referenced streets
be approved for Final Acceptance by the County and that the s~ of $14,850
be accepted 'rom Deltona Corporation, as rP.commended by Mr. Barksdale.
Wavecres t Court
Piedmont Court
Wi ndmi II Avenue
Pepperwood Court
Balsam Court
Tarpon Court
Antilles Court
Goldcoast Court
Tripoli Court
Bimini Avenue
Fi rwood Court
December 2, 1980
DECEMBER 30 1980 APPROVED FOR DATE OF PUBLIC HEARING RE CONSIDERATION OF.
THE ADOPTION OF A RESOLUTION AND AUTHORIZATION TO IMPLEMENT A PUBLIC .'
TRANSIT SYSTEM FOR COLLIER COUNTY; STAFF TO PREPARE INFORMATION RE SAME
SYSTEM FOR DISTRIBUTION TO VARIOUS ORGANIZATIONS FOR COMMENTS
Public Works Administrator Clifford Barksdale read the Executive
Summary dated 12/2/80 and recommended to the Board that the Date of
December 30, 1980 be approved for a public hearing during which the Board
shall consider the adoption of a resolution and the authorization to
staff to implement a pUblic transit system for the County. He further
recommended that the Board authorize the staff to prepare information
packets regarding a oublic transit system and forward them to the various
Civic Organizations, Property Owners Associations, the City of Naples,
Ev~r'Jl~(!~5 City, Anti th~ Chamber of Corrrnerce. requesting their cornnents
and St'ggestions, as. requeste':! by Corrrnissioner Pistor.
There was a brief discussion regardin9 the optimum time for the
public hearing regarding the proposed transit system, and Commissioner
Kruse s3id that, while the elderly citiz,ns who would be interested in
such a system would bE able to attend a morning meeting, the average
working person WOuld not. It was decided that the press would be noti-
fied th<Jt if certain intcrest~d persons were not able to attend a morning
mPptinl~': thpv ~h('II!1rl <;1"'1 r'lntify the Bee and then perhaps a night meeting
could be scheduled as well as one in the morning of the 30th of December.
Chairman Pistor said that he feels that for the time being a public
hearing could be scheduled during the morning at g:OO A.M.
During a general discussion, Commissioner Wenzel asked Mr. Barksdale
if he has heard anything further from the one private firm that was
interestp.d in initiating a "rrivate" transit system in the County and Mr.
Barksdale replied that he has not heard anythin~ further s,nce the gentle-
men appeared before the BCC at the time the DOT representative was here
to explain the State and Federal requirements regarding funding, etc. for
a public system.
Another suuject di scus~ed briefly >las the funding of such a system,
and Commissioner Pistor asked if the County is committed to the use of ad
valorem taxes or if special taxing districts ore going to be s~t up. He
said that his concern is that because there are so many areas in the County
!GJ' 058 PA,r ..-52
BOJ! 058 PACE-.53
Decembcr 2, 1980
that will be receiving no benefit from the system as it is planned in the
projected route maps, there Is some question as to whether or not ad valorem
taxes should be used to subsidize this project. Chairman Pistor said
that he had not seen anything that would lead him to believe that special
taxing districts will be set up, and that he believes that some $160,000
a year will have to be provided by the County which will have to come
from "somcplacell,
County Manager No"~n said that a taxing district is ad valorem
taxes, and th~~ they arc simply focused toward specific areas, and sug-
gested that perhaps the Board could consider the possibility of increasing
the charge for occupational licenses In the County in order to raise
funds for' the trJn:;;t ~y::tem subsidy, a provision for such an lncrease
being part of the TRIM Bill. He said that if the Board wishes, the staff
will look into this.
Commissioner Wenzel said that he favors looking into a proposal of
several years ago, which called tor an annual sllbsidy of only $80,000 and
cealt with a limited area for service, rather than the present proposal
whirh will cost sarno :160,000 annually and covers a larger area for service.
Mr. Barksdale explained that the figure of $160,000 per year is an average
figure; IL j.) r.v~ ~;--,c c:-:~ct fi~IJrp that e<'lch year's subsidy would represent.
lie said that the actuJl fIgure for the first year, if the proposed plan
is carried out, .would he somewhere near $40,000_ He said that the current
proposal calls fa" the leasing of the buses for the first two years,
thereby keeping the subsidy down for that period; the third year is when
the large investment will have to be made if the Board decides to keep
the sy<tem going because that is the time that the buses will have to be
purchased. He saId that if the County 15 to ever have a public transit
system it must begin sQl11('where anrl at sometime; he suggests that tt.e
proposed plan be followed through and, at the end of the first two years,
the Board could then decide to either make the large investment And
continue the project or to eliminate the system Altogether. Commissioner
Wenzel said that this is one asp~ct that has not been made clear, and
that is something that should be clarified to the public.
The fact that the County 15 not committed to the routes in the propos~
plans and that it has full flexibility regarding the routes, areAS of service,
December 2, 1980
and stops for the buses, was explained by Mr. Barksdale who added that
the proposed routes are a product of a two year old .study and that, in
light of changing fuel Rrices and other criteria, there may be many
changes when the plans are worked on for the three-month period as
described in the Executive Summary.
Commissioner Wenzel moved, seconded by Commissioner Kruse the date
of December 30, 1980 be approved for the public hearing for consideration
of the adoption of a Resolution and authorization for implementation of
the Public Transit System in Collier County; that the staff be authorized
to prepare the information packets regarding the prt'posed system; and,
that the information packets be transmitted as recorrmended by Commissioner
Plstor and explained by Mr. Barksdale.
Mr. ,James Murphy, 502 Broad Avenue South, representing the World
War I Veteran's Post 3437, spoke in favor of the implementation of
public transit system for Collier County. He referred to the many
problems that the Veterans in this County face who cannot drive anymore,
especially those who require medical treatn'€nt. He asked that the Board
consider that the Veterans Administration will allow some 10, per mile
for transportation to medical facilities for Veterilns, and that perhaps
the Coard could incl~dc ~ome form of transportation for this medical
care in their plans for public transportation. He said that many Veterans
require care at the Fort Myers Veterans Out-Patient Clinic and that
perhaps a bus could run from Naple, to the Clinic.
During a general discussion regarding the Veterans' needs for
transportation, Comnissioner Wenzel suggested that perhaps the firm that
runs a jitney service between Naples and the Fort Myers airport could
provide such a service. Mr. Murphy said that this has been investigated,
and that it is too expensive. Commissioner Kruse soid that the Lee
County transit system contracts out their buses, and lhat the cost of
such a trip (to and from Fort Myers) could be relatively low for the
Veterans if such a system were to be initiated here in Collier County
once the transit system is begun.
The tr~nslt sy'tem in Lee County was discussed briefly, and Commis-
sioner Pistor stated that he feels it Is a fine system, Mr. Barksdale said
that ~he one proposed for Collier County Is the same type of operation,
Also discussed was the possibl1tly of taking bids for a private franchise
~c".\ 058 rACf.r54
BGO, 058 P^CE 'r5~
December 2, 1980
for bus service, during which Mr. Barksdale pointed out that a private
firm cannot realize the tax exemptions nor the eligibility for Federal
subsidizing that the County can. Mr. Norman said that, to his knowledge.
he does not know of any private franchise operations that are active in
this type of system within the last ten years.
Chairman Pistor told Mr. Murphy that the County will look into his
suggestions, and County Manager Norman suggested that the possibility of
transferring passen~ers from Collier County to Lee County at the County
line be explored.
Upon call for the question, the motion to accept the staff recommenda-
tions carried 4/0. with Coninissioner Wimer absent.
LE~SE AGREEMENT WITII GERNARD KEITH POPEJOY RE LAND AT !i.iMOI<ALEE AIRPORT -
APPROVED liS A,'IEIiDED GY FISC.~L OFFICER AND IIiCLUD:NG CHAI~GES EXPLAINED BY
PUGLrC flORKS liDI11InSTRATOR; CIIAIRI1AN AUTHORIZED TO SIGN SAME AFTER FAA
APPROVAL IS SECURED ~G-~.J".Q~ < /,7T;~ '-:Jc.-Ir/
Pub lie Works /"Imi n i s tra tor C. i (ford Ba rksda 1 e read the contents of
the executive SunmMry dated 12/2/80 regarding Lhe Lease Aqreement with
~r. ropejoy for the uso of lands at the Immokalee Airport for the purpose
of establishing a horticultural nursery. He further explained that the
Jgrccmcnt within th~ m~tpri~l hpfnre the Bo~rd today has been chanqed to
reflect a decrease in the percentage of profits that the County will re-
ceive as an alternative to a graduated rental schedule. He explained
that this i, to begin on the second year and encourages the lessee to make
a substantial investment durinq the first year; and that. subsequentlv,
the harvest cf the ferns will lead to a higher profit marqin and, hopefully,
the County will receive more than the amcunts of rentals in the qraduated
schedule within the lease. He said that a ceiling of up to $4,Q,jO.CO has
been 'dded and said he hopes that the County will receive the $4,000.00
per year.
Commissioner Brown moved to adoot the staff recommendation and ap-
prove the Lease Agreement with Bernard PopPjov for the Chairman's exec~-
tion subject to the FAA submittin~ a Letter of "no obiedion" to the
terms of said lease.
Fiscal Offico- Harold Hall recommended that the verhage regarding the
lessee's requirement_ along with the submission of the annual rental be
amended a' follow,:
December 2, 1900
"Lessee shall at his expense submit with the annual rental a
financial stateme8t prepared in accordance with generally accept~d
accounting prinCiples and an annual opinion audit certified by a
Florida licensed CPA."
Commissioner Brown amended his motion to include the changes
In verbage that Mr. Barksdale explained and the verbage that Mr.
Hall recommended. Commissioner henzel seconded the motion which
carried 4/0, with Commissioner Wimer absent.
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~oo~ 058 rm~.s6
~'m~ .~ .::~:~~IJI~='--"L'IlI't' 1....'~. ~
BooI 058 fACE ..67
December 2, 1980
EXTENDED LfASE AGREEMENT WITH RIPCORD PARA-DIVERS AT THE IMMOKALEE AIRPORT
FCR A PERIOD or ONE YEAR EFFECTIVE OCTOBER 9, 1980 - AUn~RIZED FOR THE
CHAIRMAN'S EXECUTION
Public Works Administrator Barksdale read the Executive Summary,
dated 12/2/80 regarding the extended Lease Agreement with the Ripcord
Para-Divers for skydiving at the Immokalee Airport. In response to
Commissioner Brown: Mr. Barksdale said that the subject club is required
to have sufficient insurance, according to the subject lease.
Commissioner Wenzel moved, seconded by Commissioner Brown and car-
ried 4/0, with Corr..nissioner Wimer &bsent, that the staff recommendation
be accepted and that the Extended Lease Agreement with Ripcord Para-Divers be
approved for the Chairman's signature for the term of one year, effective
October 9. 1980.
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December 2, 1980
UTILITY RELOCATION AGREEMENT WITH FLORIDA POWER AND LIGHT COMPANY -
AUTHORIZED FOR EXECUTION BY CHAIRMAN
Public Works Administrator Clifford Barksdale explained that
Florida Power & Light Company has executed an Agreement to relocate
some utility lines which are necessary to facilitate the four-laning
of Goodlette Road (at their own expense). He recommended that the
Chairman be authorized to sign the Agreement.
Commissioner Wenzel moved, seconded by Commissioner Brown and
carried 4iO, with Comnissioner Wimer absent, that the subject Agree-
ment for relocation of utility lines with Florida Power & Light Com-
pany be authorized for execution by th( Chairman.
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M~< 058 rm...74
December 2, 1980
AMENDMENT TO LEASE-PURCHASE AGREEMENT FOR THE TEN MILLION DOLLAR STATE
BOND ISSUE FOR COLLIER COUNTY ROADS - AUTHORIZED FOR THE CHAIRMAN'S
SIGNATURE
Public Works Administrator Clifford Barksdale explained that the
Board adopted Resolution 8D-62 on March 18, 1980 requesting certain
changes in the Ten Million Dollar State Bond Issue projects, including
the Golden Gate Parkway Extension project from Goodlette Road to U.S. 41.
He said that in the forwarding process of the approved amendment from
the DOT to the State Cabinet, the Agreement was not sent to the State
Bond Director who is requesting the executed Amendment at this time.
Mr. Barksdale recommended that the Board approve the Amendment to
the Lease-Purchase Agreement for the Chairman's signature and Commis-
sioner Wenzel so IOOved. The motion was seconded by Co:ml1ooioner Brown
and carried 4/0, with Commissioner Wimer absent.
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MOl
058 rm~78
Decembcr 2, 1980
MOBILE OFFICE TRAILER ADJACENT TO THE HEALTH DEPARTMENT FOR "\<IIC"
PROJECT - APPROVED
County Manager Norman said that Dr. Cox, the Director of the Collier
County Health Dcpartment, has requested Board approval for the placement
of a mobile office trailer adjacent to the Health Department Building
for the use of the WIC Program. He further stated that the total cost
for the trailer will be borne by the Federal \<IIC Department.
Dr. Cox explained that the WIC Program is a supplementary food pro-
gram for women, children, and infants. He gave a brief background of
the services that this program provides and, in answer to Corrrnissioner
Pistor, said that all recipients of this Program are carefully screened.
Dr. Cox assured the Board that this project will not cost any County
funds, and emphasized that the trailer will be most beneficial.
Corrrnissioner Wenzel moved, seconded by Corrrnissioncr Brown and car-
ried 4/0, with Corrrnissioner Wimer absent, that th2 mcbile office trailer
be approved for placement adjacent to the Health Department.
BID #460 (BEACH ACCESS SHELTERS) - AWARDED TO MIRCLE EQUIPMENT COMPANY
IN THE AMOUNT OF $5,686.00
l(g.l nnticp hoeing hprn puhlished in thr Naples Dally News on
October 17 and 20, 1980 as evidenced by Affidavit of Publication filed
with the Clerk, bids were received for Bid #460 for Beach Access Shelters
up to Wednesday, November 5, 1980.
Purchasing Director Frank Wilcox said that the firm of Mircle
Equipment Company is being recorrrnended for the award of the subject bid
as they were the lowest bidder who met the specifications.
Corrrnissioner Wenzel moved, seconded by Corrrnlssioner Brvwn and car-
ried 4/0, with Corrrnissioner Wimer absent, that Bid 1460 for Beach Access
Shelters be awarded to Mirc1e Equipment Company in the amount of $5,686.00
as contained in the rccorrrnendation of the Bid Review Committee Executive
SUnnlary dated November 13, 1980, and that thc Chairman bc authorized to
sign and the Clcrk attest the resulting Agreement.
B08K 058 rm...83
December 2, 1900
BID PROCESS WAIVED AND STAFF AUTHORIZED TO OBTAIN 3 QUOTATIONS FOR
THE CONVERSION OF A MILITARY VEHICLE TO A FIRE-FIGHTING APPARATUS
FOR GOLDEN GATE FIRE DISTRICT
Purchasing Director Frank Wi1c'ox explained that the Golden Gate
Fire Oistrict has recently leased a military truck similar to one
previously leased from the Division of Forestry. He said that the
first vehicle was convcrted to a fire-fightin9 apparatus in the Di-
vision of Forestry's facilities in conjunction with Fire Department
personncl and Division of Forcstry personnel; howcvcr, thesc facilities
are no longer available and the Golden Gate Fire Departmcnt wishp.s to
convert the second truck in a similar manner as the first.
Mr. Wilcox said that since thcre are no firm specifications nor
standard purchasing critcria and, since the construction of this equip-
ment requires an un~sua1 amount of creativity from the vendor, the
staff is requcsting that thc Board approve a waiving of tile bid process
and allow thcm to obtain three (3) quotcs from local vendors for this
conversion. Hc said that this is spccifically allowed under the
Purchasing Policy, "Exemption from Competitive Bid", Section 9, Sub-
section "F".
The c~nversion will be supervised by Chief Dave Reeves, said
Mr. Wilcox, who added that thc approximate cost of thc conversion is
$4,000.00.
I
In answer to Commissioncr Pistor. Public Safety Administrator
Thomas Hafncr said that Chicf Reeves will not be away from his regular
duties at the Fire Station by supervising the conversion; it will only
rcquire inspections from time-to-time.
Commissioner ~enzel movcd, seconded by Commissioner Brown and
carried 4/0, with Commissioner Wimer absent, that the bid process be
waived, and that the staff be authorized to obtain three (3) quotations
I
for the C0JJ'yc,51oii of .: ;,;"i1~t~;y \.'eh~c1e to ~ fir.. fighting apoaratus
for the Golden Gate Fire Control District.
I
H...j
December 2, 1980
BOARD WELCOMES NEW ASSISTANT COUNTY ATTORNEY KERRY McQU1NN
County Attorney Donald Pickworth introduced Ms. Kerry McQuinn who
has recently joined the legal stoff os on Assistant County Attorney, and
who will be working very closely with the CAPC and the COl11l1unity Develop-
ment Division.
Chairman Pistor welcomed Ms. McQuinn on behalf of the Board of
County Commissioners.
ROUTINE BILLS - AUTHORIZED FOR PAYMENT
Commissioner Wenzel moved, seconded by Commissioner Kruse and
carried 4/0, with Commissioner Wimer absent, that the bills, having been
processed following established pr'ocedures wiLl! rUIlJs a.....ailable, be
authorized for payment as witnessed by the following chec.s issued from
November 28, through December 2, 1980:
ACCOUNT
CHECK NUMBER
County Checks
BCC Payroll
BCC Payrn 11 -
CET A
Regular
2346 - 2672
4711 - 4889
17930 - 18389
FINAL BUDGET r,ME/IDMENT (FY 79-80) NO. 80-195 - ADOPTED, SUBJECT TO
VERIFICATIOII__QF.-!JGURES BY THE FISCAL OFFICER
Fiscal Officer Harold Hall explained that the subject Budget Amendment
is the final one for the Fiscal Year 1979-80 and pertains to the year-end
movement of funds. in order to negJ.te overspending in anyone Object
range, as well as bringing the line items into balance for each 3f the
funds, Mr. Hall said that there are some figures that have been penciled
in at this time and that these figures will become part of the overall
Budget Amendment.
Commissioner Wenzel moved, seconded by COl11l1issioner Brown and carried
4/0, with COl11l1issioner Wimer absent, t.hat the Final Budget Amendment for
fy 79-80, Number 80-i95, be odopl~d, }uujecl to the fi;cyl Officer vcrify~~~
the figures therein.
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..., nr:;~ _..- QA
December 2, 1980
ALTERNATE #2 ADOPTED IN CONCEPT RE INSTRUCTIDNS FOR AUDITING FIRM OF
ROGERS, SILVA, MOON & CO. RELATED TO TAX COLLECTOR'S OFFICE AUDIT; EXACT
VERBAGE RE SAME TO BE REVISED FOR PRESENTATION 12/9/80
Fiscal Officer Harold Hall referred to two pieces of correspondence
from the firm of R0gers, Silva, Moon & Co.; the first, dated 12/1/80,
relatin9 to the current audit of the Tax Collector's Office, including
the problems that have been encountered by the auditors in conductin9 the
research for the preparation of this audit; the second, dated 12/2/80,
relating to a proposal in which the firm would bring the Tax Collector's
audit forward from the fi rm' s current engagement date, 9/30/80, through
and including Dctober, November, and December 1980, which would bring the
subject Office's audit up to the tin~ just prior to the newly-elected Tax
Collector takin9 office.
Referring to the former letter, Mr. Hall said that this letter dis-
cusses the Tax Collector's audit for the twelve months ending 9/30/80 and
that, due to several problems listed in detail within said letter, the
subject firm has made two rccorrmendations to the P':"ard; the first recom-
mendation, referred to as Alternate #1, is to engage accountants to go
bark and reconstruct a long series of transactions within the Tax Co1-
lector's Office, which Ml'. Hall said would be a costly approach. Mr.
Hall continued that the second recorrrnendation, referred to as Alternate
12. is to have a "Cllt off" which would entail having the subject finn
compute reasonable balances at 9/30/80, based on known liabilities in the
subject office, and to adjust the subject books to these balances. Mr.
Hall said that, in order to take such a step, it would be necessary to
make a cash transfer to the BCC. or vice versa. for any excess or de-
ficiency of "cash on hand" within the subject office. He said that he
believed that it would be best, if a trust account is se.t up, that it be
set up under the Tax Collector rather than under the Board.
Mr. Ha 11 referred to the lack of time for the complete study of the
matter by the Conrnissioners and that they may wish to put off taking
action at this time; however, he said that the Clerk's Office recommends
that the Board adopt Alternate 12, and instruct the auditors to pursue
tha t approach.
In answer to Commissioner Wenzel, Mr. Hall said that it Is tho
responsibility of the Board, under the new legislation, to engage an
bOj( 058 rACE 104
BO~K
058 P^CE 105
Deccmber 2, 1980
auditor for the audit of all Constitutional Officers, and he also said
that the records of these Constitutional Officers should be maintained
in such a manner and control that thcy can be audited; however, such is
not the current case with the subject records. He said that this is all
pointed out in detail within the 12/1/80 letter from the auditors.
Clerk William Reagan stated that the problem is not a State respon-
sibility, although the State has mandated that the P-CC have annual audits
performed by a CPA; the problem is that the auditors have not been able
to find substantiating records to facilitate performing any kind of an
audit at all that would be useful to the BCC; and, the State Auditor
t.lkes the position that he no lonqer has the responsibility for local
government audits. Mr. Reagan explained that just because the County
sends copi 0S of all audi ts to the Audi tor Genera I, it does not necessarily
mean that he physically pages thi'ough them and gives opinions on them.
What the State does continued Mr. ~eagan, is keep them on file and, in
I
case a problem develops with the accountability of funds, the State would
then have knowledge of these problems. Corrrnissioner Pistor asked, if
the State has knowledge that there is a problem with the dccountability
~~ f~~~~~~ t~c T~~ ~cl~c:~c~'~ Offi:2, ~~y ~r~ th~y not ~0in~ to rlQ any-
thing about it. Mr. Reagan said that the State is not going to come
and give the County an opinion; the State has the authority to conduct a
management aedit and that is all. He said that when many of these dis-
crepancies became apparent several years ago, as part of a State audit.
there was a Grand Jury investigation which left the County with nothing
more than it had behre it was conducted.
Corrrnissioner Kruse s~id that she believes that the State must take
some of the responsibility, with Mr. Reagan explaining that this typ~ of
problem is not unique to Collier County because the new Annual Audit
Legislation will probably cause some problems for the first few years
throughout the State. He said that is why the auditors are making the
two aforementioned recommendations. They cannot issue a definite opinion
on the Tax Collector's portion of the audit, but at least It offers &
mea~s by which the Board can give the new Tax Col1~ctor a somewhat
"clean slate" from which to begin. Commissioner Wenl~l ask~d If what 1s
December 2, 1980
being proposed will mean that the Auditors will "get everything in the
Tax Collector's Office strai9ht", Mr. Reagan asked Mr. Wood, of the au-
diting firm, to explain further.
Mr. Wood said that he is responsible for the issuance of the audit
for the Tax Collector's Office. The County'wou1d like to have a "clean"
opinion for the entire County because the Bond Underwriters prefer "clean"
aurlits; however, he said this is not possible. He further stated that.
if the present situation is not cleared up and sufficiently resolved at
this time, there is always the possibility that the County will continue
to have a "disclaimer of opinion" on a section of the County's <'ludit and
that, ultirna.tely. the County could see its "bond rating" reduced. He said
tha t he be I i eves tha t the Co un ty wi 11 ha ve to pay a pena Hy "somewhere
down the road" for having an opinion that ;s other than IIclean". He re-
ferred to the problem in the Tax Collector's Office as a problem that has
accumulated over the years, and referred to the problem as one that needs
illl'TlCdiate attention in order to allow the new tax Collector to be able to
open his books in 1981 with a ba$e from which to begin. He referred to
the engagement year that his firm is working on, October 1, 1979 through
Seotember 30. 1980, and SJid that records and transactions are not avail-
able on which to base this aLidit. Some r'roblems encountered, he said,
occured as early as 1965 and run up through 1979 and they have never
been recognized or reconciled. He said that he is present this date to
report that his firm cannot give the County a "clean" opin;o0 for thi? year
1979-1980 regarding the Tax Collector's Office and furthermore, even if
the Board ""ere to spend some SlOO,OOO.. he said he is not sure that the
County could have a "clean" opinion because of the aroount of work that
needs to be dooc just to get to the point at which a decision could be made
re9arding whether or not the subject office is in fact "auditable". He
said that under Altern^te 12, his firm will apply a "temporary patch",
roore or less, to the records in the Tax Collector's Office as of September
30, 1980; from that point, in ot-der to preclude tllis type of situation from
occuring a year from now, new systems and internal control have to be
instituted in that Office. He said that if this does not transpire. the
County will be no better off 1n the future that it is today. He ~haslzed
the fact that the cause for these problems is, in his estimation, the lack
of systems in the subject effice.
~,~llt
058 wr1M
BOOK 058 PACE 107
December 2, 1900
Regarding the amount of liabilities in the subject Office. Mr. Wood
said that they cannot determine what they are at this time and, in
answer to Commissioner Brown, he said that he docs not know if they re-
present $10 or $1,000,000; there are no records on which to determine
that at this time.
In answer to Commissioner Wenzel, Mr. Wood said that he is not say-
ing that the audit on the subject office for 1900 will be all right,
adding that he will not accept responsi'bility for years p"ior to that;
rather, what he is saying is that his office will take no responsibilities
for any of the numbers in the Tax Collector's Office - period. He said
that he ;s going to "disclaim an opinion on those financial statements
that represent the Tax Collector's Office, as they cannot be audited at
this time; unless the Board of County Corrrnissioners wishes to expend d
great deal of money there is simply no way to determine what constitutes
balances for this office."
Corrrniss1oncr Pistor expressed his concern over the matter and said
tlJt, while this may 'lot be the Board's ubaliwick", it dQCS concern an
associate and C8nstitutional Officer~ and that he is concerned about how
the newly-elected Tax Collector will start out with his books being in a
st~te that wi1 1 make it hard for him to get a "clean opinion" on his
financidl statement next ,:.tear.
II,., '';Oud said that the reconmendatlon within the second letter, dated
12/2/BO, includes a proposal for an audit of the three months prior to
Mr. Carlton taking office. If the Board occepts alternative f2. within
the letter dated 12/1/80, and his firm establishes the known li.bilit1es
and a transfer to a trust fund of excess funds to cover "contingent 114-
biJitles" that are "unknown" at this t1me. at leost a "starting point"
can be establishe~ from which to begin on audit for those three monthS.
He said that his firm can reconstruct those three months, if necessary.
and that Mr. Carlton can Install some new systems and boOkkeeping Proce-
dures in order to allow for good accountob1lity of the Tox Collector's
Office 1n the future.
C0f11111ss10ner Plstor stoted that he 1s concerned with that pol.ti~ of
Alternate 12. which refers to a "cosh transfer" from the Tax Collector to
the acc or vice versa. He said that whlle he 1s not concerned w1th Ie.
ceptlng
:-=J
funds from the Tax Colle~tor" the Goard has no funds to gt'!W~
December 2, 1980
the Tax Collector. Mr. Woods said that he understood Commissioner Pistor's
concern; however. he does not know of anyone that can establish what
constitutes the liabilities in the Tax Collector's Office. What he does
know he continued is that, at this time, there are more monies in that
office than is known to whom they belong. Mr. Wood said that the Tax
Collector is only an "agent" for peoples' monies, i.e. State licenses,
taxes for Special Districts, etc.. and that the flow of monies through
this office are, for the most part, a "fiduciary" responsibility of the
Tax Collector as that "agent". He s.id that, theoretically, these accounts
should always balance and reconcile. There are accounts in banks that
exceed ;n amount those liabilities that have been established and to whom
they are payable said Mr. Wood and, consequently, his firm is unsure of
whIt the true lia~jlitles are. It Is conceivable, said Mr. Wood, that
funds could be transferred into a trust account and there would never be
any demand against those monies~ and conversely, there ;s also the pos-
sibility that the monies in that trust account would not cover the amounts
of money n!:'eded to cover all the liabilities that are discovered in a few
years. In answer to Commissioner Brown I Mr. Wood said that at this time,
some $60,000 to $70,000 hove been identified as "excess" funds and this
would be the omount that would be put into the trust account.
Mr. ReagIn said that, in all fairness to Mr. Ayers, the present Tax
Collector, th~ Rn~rd must consider the amounts of funds that the subject
Office handles. The aforementioned amount of 'lexcess funds" could repre-
sent as little as S10 per fUI1d and it is his belief that there is a
reason for the "excess" and that the 80ard co.n .....ark it out. Mr. Re~9~n
said that he recommends the initiation of Alternate #2 as the optimum
method In which to go about solving this problem.
The size of the office .nd the broad spectrum of accounts that are
handled annually Wf.re disclssed briefly, during which Mr. Wood said that
some $80,000,000 per year are handled in the Tax Collector's Office which
number, in itself, make the auditing of this office a big job even when all
the book.s l!.nd records are accura te i however t S4 i d Mr. Wood, a lot of the
documentation is not available. He said that there are no books; there
are no records.
W~\ 058 r~>f 108
BOC\ 058 I'ACE 109
December 2 , 1980
In answer to Con~lissioner Pistor, Mr. Woods stated that if the Board
chooses to adopt Alternate 82, Mr. Carlton will only be able to accept
the results of the audit for the last three months of 1980 and use them
to balance and verify his financial statement in 1981 if he makes signi-
ficant changes in the record-keeping process of the subject office from
January 1, 1981 forward. He went on to explain that his firm will "recon-
struct and clean up" the books for Mr. Carlton to take over and that he
will not have to begin with accounts that have a deficit if this alternate
is adopted.
Bond Ratings were diocussed briefly, and Mr. Reagan said that he and
Fiscal Officer Horold Hall have been discussing this with their financial
consultants and said that the future bond rating for Collier County,
specifically, the County Water Sewer Bond Issue,. should not be affected
by this one area that will have a "disclaimer of opinion". 1'.. Yall con-
curred, and noted that one of the purposes and intentions of the negotia-
tions with the acditors for this particular contract engagement was to
insure that the Board have separate financial statements for all the en-
ti~!.s such .s Constitutional Officers, Water and Sewer Districts, etc.
and separate opinions on the Board of County Commissioners, as well as a
"CG'~binctj C0!lnty F"in'lnci'll Statementll. He explained that the Bond Under-
writers will base tI,(ir bond rating on the County water System's finan-
cial statement, which will not have any disclaimer of opinion ~nd, therefore,
it >lill be in good order; however, the Tax Collector's audit will not
look good nor will the combined statement for the County. He said that
the Board's audit will also be in good order if the County were to attempt
to obtain a "GO" Issue. Hr. ~all said that another thing that Is favorable
is that the County does not use ad valorem taxes for the Water/Sewer
Issues; they are revenue issues. He added that the Tax Collector does not
handle any of the Water/Sewer assessments; these are all handle internally.
Mr. Hall said that he still recommends that the Tax Collector matte~ be
"cleaned up" and that a "cut-off point" be established. The most economical
and expedient method, he continued, would be to adopt Alternate 12, and
even though the auditor cannot give the County a "good" opinlor. on the year
of en9agement, at least the County will have a .cut-off. date and, can,,-
quently, a "starting point. for accounting from that point forward.
December 2, 19BD
The possibility of the funds being setup in the subject trust fund was
discussed briefly, during which Mr. Woods referred to the State "Eschete Law"
and explained that this law provides that unclaimed monies, after a certain
period of time, become the property of the State, and that, because it is not
known to whom the subject "excess fees" belung, there is always the possibl1 ity
that they will never be claimed.
The matter of Mr. Ayers' retiring at the end of 1980 with clean retirement
records at year-end was discussed, during which Commissioner Pistor asked Mr.
Wood if the Board should take any action regarding the authorization of a "cash
count" during the interim period between the possible retirement of Mr. Ayers
and the time that Mr. Carlton officially takes Office. Mr. Wood said that,
during that periOd of time, the Governor would have to appoint someone to be
the "Act~ng Tax Cal1cetor" and, because it is just a matter of three days. Mr.
Carlton wi] I probably be that Appointee. Mr. Reagan said that the Board need
not take any action at this time, adding that whomever is appointed as the
"Acting Tax Collector" he will ;,ave the authority to close the SUbject office
and make the "cash count" if, in fact, Mr. Ayers does submit his resignation at
the year-end.
In answer to Chairman Pistor, Mr. Reagan said that the only action that
the Board need consider at this time is the adoption of Alt.ernate n, within
the 12/1/80 letter' from the auditors, and approval of the three-month audit. as
explained in the 12/2/80 letter.
Comnissioncr Kruse stated for the record that she is concerned because it
is apparent to her that the subject has been previously discussed. and added
that the idea of receiving a lengthy memorandum during an already crowded agenda
on such a cvmplcx mJtter requesting appr0val of the applicdtion of a "temporary
patch" to such. situation, is highly disturbing, in view of the implications
involved. She said that she must assume that the Fiscal Officer has sufficient
reasons for handling the situation in such a rMnncr, Mr. Reagan responded that
the subject material was only received by him late the previous afternoon; that
it has been rushed through in order to get it on today's agenda because of the
short time available for action prior to Mr. Carlton taking over the office;
and that Mr. lIall has made it perfectly clear that It is understood that the
Bo.rd may not want to take action today. However, he saId he belirre. It
~hould be brought to the attention of the Board for their consideration at this
thr". He said that he and fir. Hall have been working with the auditors as well as
frl" 058 flr.r 110
December 2, 1980
80J.\ 058 PACE 111
the Chairman for some 30-40 days regarding the problems in the subject
office and, because of the nature of the problems and the time problems
that the auditors are facing, he felt it important that it be discussed
this dute. Mr. Reagan said that he would be happy to come back next
week with this matter if this is what the Board wants. Mr. Hall added
that the subject problems have been studied very carefully for some time
and that the Clerk and he are in a position to make a recommendation to
the Board tOday; however, if the Board chooses, he will be glad to provide
more information to the Goard and wait another week for final action.
Chairman Pistor added that the auditors have acted on a request from
him regarding the ~repJration of the recommendations for presentation today.
He Sl1ir:! that he is concerned with the matter of "time" running out before
the new Tax Col lector takes ~ffice. and that he feels the Board should do
whatever they can to insure the transition of office with regard to the Tax
Collector's financial records.
Mr. Wood explained that the problem in the Tax Collector's financial
area is not one that just occurred; it has been building up over a periOd of
years. He said that it is unfortunate that other "organizations" have not
brought this to a point where it could be "cleaned up" which should have
been done in 1977-78; however, he said it must be done now. He further
explained that, during the time when the ~uditors were 9dther;ng the info;ma-
tion, there WJS an election going on d.'ld his fim was not in a pOSition to
make a corrrnitment in writing, regarding the infonndtion thilt is outllnelJ in
the 12/1/80 letter, until now for that. reason. He said that it has only been
the past weekend that his firm was in the position of substantiating the facts
presented in the letter, Jddir:g thJt he is not IT'....'lking apologies; he is just
explaining the ti~frame involved. Mr. Wood said that his firm tried to
bring in as many people in the related procedure as they progressed, remember-
ing that a Constitutional Officer is somewhat independent of the BCe, and
that his firm was hir<d by the BCC to do the audit on the Constitutional Offiter
which presented a little bit of conflict in itself. H. explained that his
. .
firm has had to be careful as to whom was brought into the matter and at
what pOint in time this was done, as well, adding that his firm has tried to
be fair with all pa,'ties involved, which he hopes they have been. He Slid
that he is willing to wait another week for a final decisivn but reminded
the Board that a decision must bt made b~fore the end of the year.
December 2, 1980
Chairman Pistor told Commissioner Kruse that if she felt strongly
that she would like an add1tional week, he is willing to wait. Commis-
sioner Wenzel said that he favored apRroving Alternate #2 today and that,
if the new Tax Collector feels that it is appropriate to adopt Alternate
11 at some later date, he can req"est the Board to pursue the matter at
that time. Mr. Reagan concurred, adding that Alternate 12 will not cost
the BCC any more money.
Commissioner Wenzel moved thot the BCC instruct the firm of Rogers,
Silva, Moon & Co. to compute reasonable balances at September 30, 1980,
based on known liabilities, and to ,dj'lst the books of the Tax Collector's
Office for those balonces, as indicated in Alternate #2 of the l2/I/BD
letter' from said firm. Corrrnissioner 8rown seconded the motion.
During a discussion of the motion on the floor, Hr. Hall $uggested
that the Clerk's Office be authorized to decide where the trust fund is
to be placed, either under the Board or under the Tax Col1ect0r. Mr. Wood
said that transferring the money to a trust fund under the Board was his
idea and is based solely on an accounting basis, He said that perhaps
the County Attorney should be requested to give a legal opinion as to the
optimum placement of the trust fund. Mr. Reagan concurred.
There was some concern expressed over the verbage of Alternate '2,
specifically reg,1rding the 80ard being responSible for any "deficiency"
that may be discovered in the subject office. Mr. Wood explained that
this verbage is included because "someone will have to make this up". Mr.
Reagan asked that this verbage be deleted if it means that the Board will
assume all responsibiiity for any deficiency that might occur, Jnd Mr.
Wood said that the County Attorney should be consulted. Mr. Wood said
that perhaps these deficiencies would be taken out of the General Fund by
reducing the an"()Unt of "excess fees" cDllected from the Tax Collector, or
perhJps the Board would be petitioned to pay it. lie said that "accounting-
~isc" one would offset the other. During the discussion Mr. Reagan asked
Mr. Wood if it wore possible that there was money given to the County
that should not h,we been. Mr. Wood replied affirmatively, adding that
the Tax Collector may have to petition the Board for the return of this
money. Mr. Reagan asked if this could be the reason for 4 defiCiency In
IO;A 058 PACE 112
December 2, 1980
808~ 058 PAGE 113
the Tax Collector's Office. Mr. Wood concurred, adding that it is pos-
sible that the Tax Collector may have to petition each Taxing District
in order to get the money back. Commissioner Kruse said that she objects
to the verbage in Alternate #2 as it sounds like the Board is assuming
all the responsibility for any deficiency in a Constitutional Officer's
Office, and Mr. Reagan said that the Board does not want any language in
the recommendation that would make the Board responsible in such a
manner and that he wants the intent of the Board made clear that they
ore not accepting the responsibility of all deficiencies in the subject
office. Mr. Hal1 agreed, adding that the Board does not want sucli
language to be In any subsequent audits of the Board either.
Upon a recorrrnendation by Clerk Reagan, the motion was amended by
Comnissioner h'cnzcl th,1t the Board adopt Alternate #2, in concept;
however, the exact verbage will be revised and brought back to the Board
for consideration the next week. Comiss;oner Brown agreed to the
amended motion and, upon call for the question. the motion carried 4/0.
with Commissioner Wimer absent.
CHAIRfW, AUTHORIZED TO SIGII LETTER OF EI1G^.GEMt,n R( AIJnIT OF TAX COLLECTOR'S
OFFICE FOR OCTOGER I, 1980 THROUGH DECEflBER 31, 1980 WITH ~OGERS, SILVA,
MOON & CO. - SAME EXPEIIDITURE NOT TO EXCEED $12,000
Chalnnon Pistor referred to the letter dated 12/1/80 from the firm
of Rogers, Silva, Moon & Co., in which said firm offers to conduct an
audit of the Tax Collector's Office for the last three months of 1980,
for the purpose of bringing t"at office's books up through the time just
prior to the time the newly-elected Tax Collector takes office. He said
that this will be undertaken upon completion of the action just approved
by the Boord regardin~ Alternate /2 recommendation 0; said firm within
their 12/1/80 letter. He said that the cost of this three-month audit
will not exceed S12.000. He said thot he- feEls thJt this is a necessary
step and that he is in favor of approval of same.
In answer to Commissioner Wenzel, Mr. Reagan said that while he has
no recommendation regarding the price, he does recommend that the Board
approve the audit for the pertinent three months. He said that he asslIlles
that the offered price is the least costly available due to the fact that
the auditors are the same auditors involved in the current audit of the
December 2, 1980
subject office at the present time; the hourly based rate is at below
the normal rate and he has no disagreement with the offer from the
subject fi rm.
Fiscal Officer Harold Hall said that it is anticipated that the
auditors will have to reconstruct thousands of the transactions within
the subject office individually. He said that the ceiling cost is
$12,000: however, it is conceivable that the actual cost could be less.
In answer to Corrrnissioner Wenzel, Hr. Hall said that the expenditure
for the auditing of the Tax Collector's books is not in the subject
office's budget and it is not known how the Department of Revenue would
handle such an expenditure. He said that, in order to initiate this
procedure as soon as possible, and in light of the fact that the Board
of COU:1ty Conmissioners have a moral obl igation, if not a legal one, to
see that it is done, he would recommend that the Board approve the
expenditure noting that the County has the funds available as part of
the lump sum budgeted for auditing services. He said that he feels that
it serves a Countywidc purpose.
Commissioner Wenzel moved, seconded by Commissioner Brown and
l.dl i ;1.;"; ~/:::, ....~~~ ::::::-:;:~~~~0nClr W;mn; il.bsent. that the Chairman be
authorized to execute the letter of engagement rcgardinq an (ludit of the
Tax Collecto'-'s Office for the months beginning October 1, 1980 throu9h
December 31, 19BO, as indicated in the 12/2/80 lettcr from the firm of
R0gers, Silva, Moon & Co., and that the expenditure is not to exceed
$12,DOD.
REVEP.ENO RICllf,RD MAPES APPOINTED AS THE ALTERNATE BCC APPOINTEE ON
S.W. FLORIDI\ flENTAL HEALTH 80ARD, INC., MR. HENRY B. WATKINS REAPPOINTED
FOR AN ADDITIorl.~L 2-YEAR TERM TO SA/1E BOARD
Ccrrrnissioncr Wenzel moved, seconded by Corrmissioner Brown ~nd car-
rled 4/0, with CorrTnissioncr Wimer absent, that the. Revcrcnrl Richard M3pes
be appointed to serve a two-year term as the alternate member on the
South West Florida Mental Health Board, Inc. and that Hr. Henry B. Watkins
be reappointed for an additional two-year term on the same board.
Mj! 058 PACE114
BODK 058 rACE 115
December 2, 1980
MR. JAMES B. KUHLMAN APPOINTED AS THE ENGINEERING REPRESENTATIVE TO THE
CONTRACTORS LICENSING BOARD
COn1n1issioner Wenzel moved, seconded by Commissioner Brown and car-
ried 4/0, with Commissioner Wimer absent, that Mr. James B. Kuhlman be
appointed as the Engineering Representative to the Contractors Licensing
Board and that his term shall expire at midnight of December 31, 1981 or
at such time as the Commission appoints his successor.
MR. RICHARD PUGH APPOINTED AS A MEMBER OF THE BOARD OF BUILDING ADJUST-
MENTS AND APPEALS; MR. LaMENDOLA REAPPOINTED FOR AN ADDITIONAL 4-YEAR
TERM ON SAME GOARD
Commissioner Wenzel moved, seconded by Commissioner Brown and car-
ried 4/0, with Conmissioner Wimer absent, that I1r. Richard Pugh be ap-
pointed as a member of the Board of Guilding Adju~tments and Appeals and
that Mr. /',Jrio La~\endola be reappointed for In additional four-year term
on the same board.
CHAIRMAN AUTHORIZED TO SIGN THE CERTIFICATES FOR CORRECTION TO THE TAX
ROLL AS PRESENTED GY THE PROPERTY APPRAISER'S OFFICE
Commissioner Wenzel moved, seconded by Commissioner Brown and car-
_~....,-l
, .....'"
~,'c;, .;:~~h rn=;<dnnpr Wimpr abs~nt. that the following Certificate
of Correction to the 1979 Tax Roll be authorized for the Chairman's
signature:
NUi.:8ER
DATED
1979 - 218
10/2/80
MRS. ANNE ATZEL' S NA,"LES HIGH SCHOOL BUSINESS LAW CLASS PARTICIPATION IN
MEETING TO BE ?ECOGNiZED EY LETTER EXECUTED BY THE CHAI~~N
Commissioner Wenzel moved, seconded by Commissioner Brown and car-
ried 4/0, with Commissioner Wimer absent, that Mrs. Anne Atze1's Business
Law Class of Naples High School be recognized for their participation in
today's meeting in a letter to be signed by the Chairman and transffiitted
to said School.
LETTER OF SUPPORT 10 BE FORWAROED TO 1HE GOVERIIOR REGAROIIIG THE RUPPOIN1-
f\EN1 OF MRS. ~,ILORED SHERROD TO TilE COLLIER COUNTY IIOUSI:,G AUTHORITY
December 2, 1980
CDNSIDERATION OF MEMORANDUM FROM COMMISSIONER KRUSE RE NEED FO~ TAX
IMPACT RELATED INFDRMATION DUE TO CHANGES IN ZONING - WITHDRAWN BY
COIi'IISSIONER KRUSE PENDING THE OUTCOME OF THE PROPOSED "ST" ZONING
CLASSIFICATION
Chainman Pistor asked the Board to consider the memorandum from
Commissioner Kruse regarding the need to have infonmation regarding
the tax impact to County residents resulting from a change in zoning
laws. Commissioner Kruse said that in view of action taken this morn-
ing by the Board, she would withdraw this memorandum from consideration
at this lime, pending the outcome of the "ST" Zoning Classification
that is being proposed. ChainT~n Pistor accepted the withdrawal of
this matter.
RESIGNATION f,CCEPHO ArID LETTER OF RECOGIIITION AUTHORIZED FOR I.IRS. PILA
GARCIA-MONHS FP0i1 THE HEALTH FACI LI TIES AUTHORITY; BOARD TO ACCEPT
RESUMES FROM INTERES1ED PERSO:IS FOR THIS VACANCY
Commissioner Wenzel moved, seconded by Commissioner Brown and car-
ried 4/0, with Coomissioner Wimer absent, that the Board accept firs. Pila
Garcia-Montes' resignation from the Health Facilities Authority and that
an app:~priate letter of recognition be authorized; further, the Board
shall accept resumes from all interested persons who may wish to fill
th1S vaCdflCY.
Commissioner Wenzel rr~ved, seconded by Commissioner Brown and carried
4/0, with Commissioner Wimer absent, that the Board authorize a letter of
support for the reappointment of Mrs. Mildred Sherrod to the Collier
County Housing Authority and that same letter be fo""arded to the Governor.
MISCELLANEOUS CORRESPONDENCE - FILED/AND OR REFERRED
There being no obj~ction, the Chair directed that the following
correspondence be filed and/or referred to the various departments as in-
dicated:
~03! 058 fACE 116
..
000,\ 058 rAGE 119
Deccmbcr 2, 1980
f)
g)
H700779-RULE proposing rulc 25-9.46 re late payment
pcnaltics assessed by Public Utilities...
#790010-RULE; H800419-RULE; #790155-RULE; and 0780886-
RULE-adoption of amcndmcnts to Rulc 25-6.105 F.A.C. for
rcfusal or discontinuance of scrvicc of a utility..
H000593-EU proposing rulcs 25-2.130 and 25-2.133 F.A.C.
prcscribing proccdurcs for transmission linc and gener-
ating unit need dctermlnation**
#000522-EG for adoption of rules 25-17.01 through
25-17.05 F.A.C. establishing statcwide encrGY conservation
goals as required by the Florida Energy Efficiency and
Conservation Act.*
#B00346-RULE proposing rules 25-3.35 through 25-17.05
F.A.C. relating to railroads. * and ***
#800726-PU for workshop on Rule 25-9.46 F.A.C. re late
payment charges. ** '
h)
1)
j)
k)
* Copy to County Manager
** Copy to Utility Director
*** Copy to Pub 1 ic Works Administrator
24. Thc fo11O\;lng monthly reports: (Filcd) a) Golden Gate Fire
Department (October); b) Building Inspection Department
(Septembcr and Octobcr); Golden Gate Fire Control District
Advisot,y COl1T11ittee (November); Museum (OctOber); library
(OctObEr).
There being no further business for the good of the County, the
meeting was adjourncd by order of the Chair - Time: 3:48 P.M.
BOAP.D OF cou~m CO,':~~I SS [O::ERS/EX
OFFICIO GOVERN1NG BOARD(S) OF SPECIAL
DISTRICTS UNDER ITS CONTROL
.! ( ,
'!.tk fL." I ( .
JOHN PiSTOR, CHAIRMAN
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ATTEST:
~.: LlIAM J. REAGAN, CLERX /)
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