BCC Minutes 07/08/1980 R
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Naples. Florida. July 8, 1980
LET IT BE REMEMBERED, that the Board of County Commissioners in and
fOI" the County of Collier, and also acting as the Governing Board(s)
of slIch special districts as have been created according to law and
h~vin9 conducted business herein, met on this date at 9:00 A.M. in
Rr.gular Session in lJuilding "F" of the COIJrthouse Complex \-lith the
following members present:
CHAIRMAN: Clifford Wenzel
VICE-CHAIRMAN: Thomas P. Archer
John A. Pistor
C.R. "Russ" Wimer
David C. Brown
ALSO PRESENT: William J. Reagan, Clerk; Harold Hall, Fiscal
Officr.rjChief Deputy Clerk; Darlene Davidson and Edna Brenneman (1:30
P.M.), De~uty Clerks; C. William Norman, County Manager; John Walker,
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Assistant County Manager; Gene Willett, Administrative Assistant to
County Manager; Donald Pickworth, County Attorney; Anthony Pires,
Assistant County Attorney; Thomas Hafner, Public Safety Administrator;
Terry Virta, COlT"lTIunity Development Administrator; Lee Layne, Planner;
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~lartha Skinner, Social Services Director; and Raymond Barnett, Deputy
':hief, Sheriff's Department.
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r;r.ti: 054 Pkr,r 02 B01\RD OF COUNTY COMMISSIONERS
AGENDA
July 8, 1980
NOTICE: AU, PERSONS SPE1\KING ON ANY AGENDA ITEM 14UST Rr:GISTER
PRIOR TO TilE ITEM BEING HEARD.
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH 1\RE
NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING Wl'rI1
EXPL1\N1\TION TO THE COUNTY MANAGER AT LEAST 13 DAYS
PRIOR TO TilE D1\TE OF THE MEETING AND WILL BE HEARD
UNDER "PUBLIC PETITIONS" AT 11:00 A.M.
1. INVOCATION
2. PLEDGE OF ALLEGIANCE
3. APPROVATJ OF AGENDA
4. APPROVAL OF MINUTES: June 3, 10 &17
5. pROCLM1ATION AND PRESENTATION OF AI-lARDS
A. Recognition of Staff's outstanding performan~e in
developing the County's Classification & Pay Plan.
(,. SOCIAL SERVICES
A. Recommendation for approval of payment: Social Services
cases 'W-7lR7 and #W-6369.
7. ADVERTISED PUBLIC HEARINGS
No Public Hearings for This Date.
O. OLD BUSINESS
A. Request by Attorney John Passidomo, representing
Naples Bridge Club, for reConsideration of decision
of May ~O to deny provisional use for new facility
on Golden Gate Parkway. (continued from 6/17 agenda).
9. REQUESTS FOR ADVERTISING
A. Petition CCCL-80-5C, Ed\'lnrd Hillstrom: requesting a
Coastal Construction setback line variance on property
in Sections 29 & 32, T48S, R2SE, Villas of Vanderbilt
Beach. (B-5-80)
B. Peti t:.i.on H-OO-19C, Edward Kant, Craven Thompson
Engineering, Inc. Southwest: requesting rezoning from
"E-GH" Estates Group Housing to "E",Estates on property
located in the ~~uth 1/2 of th~ Northeast 1/4 of
Southeast 1/4 of SE....:tion 10, TSIS, ~26E. (8-12-80)
C. Planning Department: requesting approval of an ordinance
amending Ordinance 80-48 which rezoned lots 71-76 and
lots 88-93 P1antation Island Mobile Home Subdivision from
"RN-lA" Nulti Fami"ly to "MHSD" Mobile Home Subidivision
to correct a typographical error in the If!glll Of!Rr:r; pH 0n.
(7-29-80) .
D. Petition NZ-80-llC, Coastal Area Planning Commission:
requesting amendment to Section 41, Board of Zoning
Anneals: Powers and Duties und~r the Zoninq Ordinance.
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E. Petition R-80-20t, Hideaway Beach, Inc.: requesting
rezoning from "PUD". Planned Unit Development and
"RS-3" Residential Single Family to "PUD" on property
known as Hideaway Beach and Royal Marco Point in part
of tract B, Marco Beach Subdivision and in part of
Section~ 5, 6, and 7, T52S, Jt'26E. (8-12-80)
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F. Ordinance repealing ordinance 76-68 and adopting 1979
Building Code with amendments. (8-19-80)
10. COUNTY MANAGER'S REPORT
A. AGRICULTURE
(1) Request from "The Glades, Inc." for a public
hearing contesting the existance of a nuisance'
in accordance with the County Lethal Yellowing
Ordinance. (continued from 6/17 agenda).
B. PUBLIC WORKS
(1) Recommendation to grant final acceptanc~ for
various streets on Marco Island - Part of Marco
Beach Unit 4 and Unit 5. .-
(2) Recommendation to approve an agreement with
Warren Brothers Company in regard to the main-
tenance of Golden Gate Boulevard.
(3) l<ecommendation for preliminary.accept.ance of
Marco Beach Unit 13-A, and pa.rtia1 release of
surety.
(4) Recommendation for "authorization for Chairman
to sign easement documents for Florida Power
and Light Company -- Naples Landfill.
C. PURCHASING
(1) Recommendation to reject all bids, Bid #420,
Golden Gate Road Improvement.
(2) Recommendation to grant authorization to purchase
Hurricane Shutters for Complex Building protection
and waive sealed bid requirement.
D. ZONING
(1) Resolutionsto recover funds expended by the County
to abate public nuisance (weeds & vegetation):
(a) On lots 28 & 29, Block 33, Naples Park
Unit 6.
(b) On Lot 10, Block K, Inom~h SID.
E. PUBLIC SAFETY
(1) Recommendation to approve purchase of two (2) new
(replacement) base radios for Naples and Everglades
City and a remote unit for Everglades City.
(2) Recommendation for ordlnance creating Emergency Medical
~crvice Advisoxy Cuunci1 and By-laws pertaining thereto
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11. . U'l'ILITY HANAGER I S REPORT
A. COUNTY WATER-SEWER DISTRICT
(1) Capri Water Works - Service connection, Krehling
Concrete Plant. .
(2) Willoughby Acres Water and Sewer improvements -
contract change order.
(3) IVilloughby Acres Water and Sewer improvements -
interim financing.
(4) County Water Supply, Treatment and Transmission
system financial consultant contract.
13. G00DLAND WATER DISTRICT
(1) 1\doption of bond resolution for potable water
distribution system for Good1and.
12. COUNTY ATTORNEY'S REPORT
A. Recommendation re: Amendment to Ordinance '78-18 re:
County ~anagcr's duties and responsibilities. .
B. Report on status of Lake Trafford sewage treatment
facility.
13. CLERK TO TrrE BOARD'S REPORT
A. Payment of bills
n~ Dudget umcndmcnt~
C. Other
H. DC1AKD OF COUNTY COMMISSIONERS
A. Charter Co~nission
Appointments.
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MISCELLANEOUS CORRESPONDENCE
16.
NEIV BUSINESS
17.
RECESS
18. ADJuURN
AGENDA APPROVED WITH AODITIOHS
Commissioner Pistor moved, seconded by COlTll1issioner Archer and c3rried
4/0, vlith Coolnissioner Wimer out, that the agenda be approved with the
folJowin~ additions:
1. Authorization for advertising for public hearing re
amendment to Zoning Qrdinance (Planning Department)
for August 19, 1~80 (9-8)
2. Consideration of authorization for CETA position're
Lethal Yellowing Program - (10-A2)
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3., , ftem under ?ubl ic Petitions re residents complaints regarding burning
, in' Mooring Park - (may not be necessary) .
4. Authorization for advertising for a public hearing re Ordinance
y'egarding Housing Finance Authority (12Cl); Consideration of adoption
of Resolution of Intent re same (12-C2)
5. (on~ideration of adoption of Resolution re ~Iilloughby Acres Hater/Sewer
notes (12-D)
6. Consider'dlion of an amendment to agreement re Wyndemere rarms Development,
Inc. (12E)
7. Consideration of adoption of Resolution re appointments to Charter
Commission (14-B)
8. County Attorney to offer date for advertising for public hearing for
consideration of County Manager Ordinance.
9. Budget Amendment re Youth Guidance added to Clerk's Report.
10. Considera~ion regarding approval of 18~ cent per mile travel
allowanu' added under "Other" in Clerk's Report.
MINUTES OF JUNE 17, 1980 AMENDED TO REFLECT EFFECTIVE DATE OF THE POSITION
CLASSIFICATION AND rAY PLAN PART II AS JUNE 28, 1980 TO f("lT"C:IDE I-IITH THE
!3..E.0.~~NING OF THE BC.C PAY PERIOD
Conmissioner Pistor moved, seconded by Commissioner Wimer and carried
unilnimously 5/0, thilt the minutes of J:me 17, 1980 be amended to reflect the
effective dilte of the Position Classification and Pay Plan Part II as June 28,
1980, to coincide with the beginning of the Board of County Commissioners'
rilY period, as recoIT111cndecl by Fiscal Officer Harold Hall.
MINUTES OF JUNE 3, AND JUNE 10, 1980 APPROVED AS PRESENTED; MINUTES OF
.JUNE 17, 1980 {\PPROVED AS AMENDED
Commissioner Pistor moved, seconded by Commissioner Archer and carried
unilnimously 5/0, that.the minutes of June 3, and June 10, 19BO 0e approved
as presented and that the minutes of June 17, 1980 be approved as amended.
RESOLUTION NO, 80-124 RECOGNIZING THE EFFORTS OF MEMBERS OF STA~F IN THE
DEVELOPMENT OF TtlE COLLIER COUNTY CLASSIFICATION AND PAY PLAN - ADOPTED
Commissioner Archer moved, seconded by Commissioner Pistor and carried
~nilnimously 5/0, that Resoluti6n No. 80-124, recognizing the efforts of the
rollo~ling members of staff for their efforts in the development of the
Ccllier County Classification and Pay Plan, be adopted:
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8ook05 q ,-oge06
July 8, 1980
1. Mrs. Anne Hora. Personnel Director. Chairperson
2. Mrs. Beverly Kuete~. CErA Department
3. Mr. Neil Dorrill. Publjc Works Divisi~n
4. Mrs. Caroline Greenstein, Personnel Department
5. Miss Sabina Musci. Personnel Department
Comnissioner Archer offered the Board's appreciation for the work that
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these staff members .have undertaken and the fine Job they did. County
f'lanager Norman thanked thft s ta ff members for thei r efforts.
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RESOLUTION NO. 80-124
A Resolution of the Board' of County Commissioners recognizing ~ the
outstanding efforts of the County Staff In the development of the Collier
County ClassificatiJn 'lnd Pay Plan, and
WHEREAS, on. December lB, 1979, the Board "directed County Staff to
develop a Classification and Pay Plan for those employed by the Collier County
Board of County Commi:Jsioners, <lnd
WHEREAS, under the direction of the Asslsta~t County Manager and with
consultive assistnnce .and training from Mr. W.C. Parker' of the Office of
Per-sonnel ManLlgement, <In evaluation committee did develop and present to th~
Board of County Commissioners a classification and pay plan, and
WH ER EAS, the ilbove evaluation team was Involved in and developed each
ph,lse of the classification and pay plan, spending many long hours over a
five-month period, and
WHEREAS, the above plan was found to be both objective and fair' and
both the overall plan and received unanimous approval of the Board of County
Commissioners,
NOW, THEREFORE, BE IT RESOLVED by the Board of-.County Commis-
sioners that the above evaluation committee consisting of:
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Mrs. Anne Hora, Personnel Director, Chairperson
Mrs. Beverly Kueter, CETA Department
Mr. Neil Dorrill, Public Works Division
Mrs. Caroline Greenstein, Personnel Department
Miss Sabina Musci, Personnel Department
is recognized for their hard work and the outstanding job done in develop-
ment of a fair and objective Classification and Pay Plan for the Board's
employees.
Commissioner
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offered the foregoing Resolution and moved
its adoption, seconded by Commissioner
roll call the vote was:
Pi!'ltnr
and upon
AY[OS: Corrunissioners Archer, Pistor, l-limer, Brown and Henzel
NAYS: None
ABSENT AND NOT VOTING: None
ABSTENTIONS::!one
BY:
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OMv' nt:;&; I"",. n"1
SOCIAL SERVICES CASES IW-7187 & IW-5359 APPROVED FOR PAYMENT
COlT"ITIissioner Archer moved, seconded by Commissioner Pis tor and
carried unanimously 5/0, that Social Service Cases HW-7187 and HW-6369 be
approved for payment as recolT"ITIended by Martha Skinner, Social Services
Director.
OENIAL OF PROVISIONAL USE FOR NAPLES BRIDGE CENTER BY THE BCC ON 5/20/80
REVERSED; RESOLUTION NO. 80-128 GRANTING PROVISIONAL USE - ADOPTED
County Manager Norman stated that he had advised the petitioner,
The Naples Bridge Center, that they could appeal the Board's decision of
~lay 20, 1980 to deny the provisional use for the construction of a Bridge
Center along Golden Gate Parkway.
Mr. Passidomo, attorney for the petitioners, circulated a graphic drawing
of the subject property and its surrounding properties to the Board, and
appealed to the Board to base their decision on the fact that the Bridge Club
membel's ha ve met J 11 the criteri a set forth within the Zoni ng Ordi nance for
the approval of a provi~lonal use; that the building in question will be designee
similar to a residence, so as not to detract from the surrounding neighborhood;
and, that the specific area for the proposed provisional use is not entirely
l'€sidential, rather, it has very few homes constructed at this time, and none
of these homeowners have come forward and offered any objection to the requested
provisional use. He added that there are other provisional uses across the
street from the subject property, including two churches.
Mr. Passidomo referred to the traffic considerations, and stated that his
clients will agree to share a common drive with adjacent property owners, if
this can be worked out, and also will agree to plaCing the building farther
back from the lot line if this will make it more aesthetically pleasing.
Mr. Passidomo reminded the Board that both the CAPC and the Flanning
Department's recommendation was for approval of the requested provisional use,
at the time of the Board's denial, and he asked them to reconsider their
decision and to give the staff recommendation due weight.
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There was a brief discussio~ regarding the possibility of rezoning certain
areas along the Parkway to allow far these types of ventures. such as the
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Bridge Center, and Community Development Administrator Virta said that this has
not been completed, at this time; however, he said that he sees no reason to
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hold up on making a decision on this appeal until the study regarding provisional
uses alol1g the Pdrf- .dY i~ completed.
Mrs. Dorothy Johnson, 'Resident of 66th Street, S~W., said that she
represents over 90 residents in the Golden Gate area, who oppose the provisional
use.
There was some discussion regarding the frequent claim that provisional
lIses devaluate properties near their locations, and Chairman Wenzel asked
the County Atto\"ney if the Property Appra i ser has ever been asked if thi s were
so, and suggested that perhaps a letter from the Property Appraiser regarding
these matters would be helpful. County Attorney Pickworth said that if a person
were to claim devaluation, then, it would be that person's responS1Dility to
produce an pxpert's testimony verifying such a claim, and not the County's
respollsibil i ty.
Mrs. Fran Switzer, resident on 70th Street, S.W., stated her opposition
to the requested reversal of the Board's denial for a provisional use and cited
traffic problems; unsafe conditions for children awaiting s~hool buses; and
the numbers of provisional uses already located in the area as sufficient dS
hr.r reasons.
Mr. Robert Clark, President of Naples Bridge Club, spoke in favor of the
pt'ovisional use. He rebutted the statement that pr:Jperty lIill be devaluated,
saying that the adjacent property has increased in price since the Club bought
the subject land.
Mr. Donald Doco, resident of Golden Gate Estates, opposed the provisional
use. He said that he was here today, in the absence of Mr. Heller, the
Ch~irman of the Federation of Civic Associations, and as a representative of
Golden Gate Civic Association. He objected to the procedure by which the
Goard approved provisional uses, and there was a lengthy discussion regarding
the documentation necessary for these approvals. Mr. Deco claimed that the
subject provisional use as well as other provisional uses are not compatible to
a residential area.
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Mr. Passidomo offered a rebuttal to the opposition offered today, stating
that these people do not live in the Unit in question and he said that their
argument is not relevant, and should not be considered.
Chairman Wenzel noted that there were no objections raised from the
four owners of homes in Unit 30. and Commissioner Pistor offered that a
compromise could be maJe, whereby only units with more than three existing
provisional uses in them will be granted any further provisional uses, unless
conditions should change. This suggestion wa$ discussed and it was found to
be in contradiction to the original idea behind provisional uses, in that it
would congregate all of this type of use in one specific area, as pointed
out by Commissionp.r Wimer. Mr. Pickworth suggested that this be worked out
by the CAPC and the Planning Department. and Mr. Virta said that this may be
counterproductive, citing the eventual concentration of provisional uses in
specific areas as his reasoning.
After a brief discussion, regarding the original denial, Commissioner
or'Jwn moved that in accordance with the CAPC and the Planning Department's
recommendation, that the Board reverse their action of 5/20/80, specifically,
the denial of a provi~icnal use for the Bridge Center, and that Resolution
No. 80-128 granting the subject provisional use be adopted. Motion was seconded
by Commissioner Wimer and Chief Deputy Clerk Harold Hall called the roll:
Commissioner Brown. ..............Aye
Comll:ssioner Wimer.............. . Aye
Commissioner Pistor.. ............Aye
Commissioner Archer............. .Nay
Commissioner Wenzel..............Nay
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RECES~: 10:10 A.M. to 10:15 A.M.
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PETITION CCCL-BO-5C, EDWARD HILLSTROM, REQUEST!NG A COASTAL CONSTRUCTION
SETBACK VARIANCE ON.PROPERTY IN SECTIONS 29 & 32. T48~, R25E, VILLAS OF
VANDERBILT BEACH - ADVERT(SING AUTHORIZED FOR PUBLIC HEARING ON 8/5/80
Commissioner Wimer moved, seconded by Commissioner Brown and carried
unanimously 5/0, that Petition CCCL-80-5C. as filed by Edward Hillstrom,
rQQuesting a coastal construction setback variance on property in Sections
29 and 32, T48S, R25E, Villas of Vanderbilt Beach, be authorized for adver-
tising for a public hearing on 8/5/80.
PETITION R-80-.19C, EDWARD KANT, REQUESTING REZONING FROM "E-GH" TO
"E" ON PROPERTY LOCATED IN THE SOUTH ~ OF THE NORTHEAST ~ OF SOUTH-
EAST ~ OF SECTION 10, T51S, R26E - ADVERTISING AUTHORIZED FOR PUBLIC
HEARING ON 8/12/80
Commissioner Wimer moved, seconded by Commissioner Brown and carried
unanimously 5/0, that Petition R-BO-19C, as filed by Erlward Kant,
requesting a rezoning from "E-GH" (Estates Group Housing) to "E" (Estates)
en property located in the south ~ of the northeast ~ of southeast ~ of
Section 10, T51S, R26E, be authorized for advertising for public hearing
on 8/12/80.
PLANNING DEPARTMENT REQUESTING APPROVAL OF AN ORDINANCE AMENDING ORDINANCE
80-48 WHICH REZONED LOTS 71-76 AND 88-93, PLANTATION ISLAND MOBILE HOME
SUBDIVISION, TO CORRECT A TYPOGRAPHICAL ERROR IN THE LEGAL DESCRIPTION -
ADVERTISING AUTHORIZED FOR PUBLIC HEARING ON 7/29/80 tv~
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Commissioner Wimer moved, seconded by Commissioner Brown and carried
unanimously 5/0, that the Planning Department's request for approval of an
Ordinance amending Ordinance 80-48, which rezoned Lots 71-76 and 88-93,
Plantation Island r~bile Home Subdivision, to correct a typographical error
in the legal description, be authorized for advertising for a public hearing
on 7/29/80.
BOOK 054 PACE 15
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July 8. 1980
PETITION NZ-80-11C, COASTAL AREA PLANNING COMMISSION. REQUESTING AN AMEND-
'~ENT TO SECTION 41, BOARD OF ZONING APPEALS POWERS AND DUTIES, UNDER THE
COUNTY ZONING ORDINANCE, PARAGRAPHS 3B(4)(a) - ADVERTISING AUTHORIZED FOR
PUBLIC HEARING ON 8/12/80
Commissioner Wimer moved, seconded by Commissioner Brown and carried
unanimously, that Petition NZ-80-11C, as filed by the Coastal Area Planning
Commission, requesting an amendment to Section 41. Board of Zoning Appeals,
POI~crs and Duties, under the County Zoning Ordinance, Paragraphs 3B(4)(a),
be authorized for advertising for public hearing on 8/12/80.
PETITION R-80-20C, HIDEAWAY BEACH, INC.. REQUESTING REZONING FROM "PUD" AND
"RS-3" TO "PUD" ON PROPERTY KNOWN AS HIDEAWAY BEACH AND ROYAL MARCO PDINT,
IN PART OF TRACT B, MARCO BEACH SUBDIVISION AND PART OF SECTIONS 5,6, AND
7, T52S, R26E - ADVERTISING AUTHORIZED FOR PUBLIC HEARING ON 8/12/80
Commissioner ''iimer moved, seconded by Commissioner Brown and carried
unanimolJsly 5/0, that Petition R-80-20C, as filed by Hideaway Beach, Inc.,
requesting rezoning from "PUD" and "RS-3" to "PUD" on property known as
Hideaway Beach and Royal Marco Point, in part of Tract B, Marco Beach Sub-
division and part of Sections 5,6, and 7, T52S, R26E, be authorized for
advertising for public hearing on 8/12/80.
ORD!NANCE REPEALING ORDINANCE 76-68 AND ADOPTING 1979 BUILDING CODE WITH
AMENDMENTS - AUTHORIZED FOR ADVERTISING FOR PUBLIC HEARING ON 8/19/80
Commissioner Wimer moved, seconded by Commissioner Brown and carried
unanimously 5/~, that a proposed ordinance repealing Ordinance 76-6B, and
adoptir.g the 1979 Building Code, with amendments. be authorized for adver-
tising for public hearing on 8/19/80.
PETITION NZ-80-12, COUNTY PLANNING DEPT., REQUESTING AN AMENDMENT TO ORDINANCE
76-30, SECTION 48, RE TYPES OF COMMUNITY FACILITIES AND SERVICES REQUIRED TO
REZONE FOR RESIDENTIAL ACTIVITY - ADVERTISING AUTHORIZED FOR PUBLIC HEARING
ON 8/19/80
Commissioner IVimer moved, seconded by Commissioner Brown and carried
unanimously 5/0, that Petition NZ-80-12, as filed by the County Planning
. Department, requesting an amendment to Ordinance 76-30, Section 48, regarding
the types of cOIl1l1unity fa~ilities and services requifed to rezone for resi-
dential activity, be authorized for advc.,tising for p~blic hearing on 8/19/80.
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APPEAL OF EXISTENCE OF PUBLIC NUISANCE RE LETHAL YELLOWIN~ ORDINANCE WITH
RESPECT TO "THE GLADES, INC." otNIED; STAFF TO PREPARE AMENDMENT TO SAID
ORDINANCE RE SALE AND TRANSPLANTING OF PALMS AND EXCLUSION OF ALL BUT
JAMAICAN TALL PALMS FROM THE INOCULATION PROGRAM
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At torney Harold Smith, II, representi ng "The Gl ades, Inc." and the
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"Glades Country Club Apartments Association", stated .that he is here today
in contest to parts of the Lethal Yellowing Ordinance and to ~ontest the
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existence of a public nuisance regarding same Ordinance in respect to "The
Glades, Inc.", the owner of a large nursery, and the "umbrella" association
known as "Glades Countj"Y Club Apartments Association"; both entities are
the owners of a great number of trees that fall under the discretion of the
subject Ordinance dnd the inoculation program thereof.
r.\I'. Smith said that his client will be adversely affected by the pro-
visions of the Ordinance from a financial standpoint. He covered several
points of the Ordinance that he finds have not been "thought out as well as it
could have been" and offered several suggestions regarding a modification of
same.
1. An alternative program of inoculation that calls for
inoculation of trees within 100 yards of infected trees, as
described to Mr. Smith as adequate by Dr. McCoy, who made the
recommendations for the present inoculation program.
2. All palms except the Jamaican Tall should be exempt from the
inoculation program.
]. He does not consider there to be an emergency situation regarding
LethJl Yellowing, in 1 ight of the fact that there have only been
five trees reported to have been infected.
4. The financial effects from the prohibition of the sale of
Jamaican Tall palm trees is considerable to area nurseries
such as the one his client owns; there is no valid reason
to prohibit such sale if the trees are free from the disease.
Mr. Smith suggests that permits be given for such sales, after
certification of the trees has been acquired as to being free from
Lethal Yellowing.
5. There is a possibility that the County could be found liable
regarding "inverse condemnation" or "the taking" of properties,
due to the inability of nurseries to sell their existing Jamaican
Tall palms. It could be more economically feasible to destroy all
of these trees rather than treat them ad infinitum.
6. The drug that the Ordinance calls for has been found dangerous and
may~ause allergic reactions, as witnessed by the label on the jar;
there is a question as to the liability if someone were to have an
adverse reaction from the fr~it of an inoculated tree; the County
may be liable, if it mandated the use of this drug.
BOD~ 054 PACE 17
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Mr. Smith cited possible violations of EPA standards. and po~sible
"negligence per se", adding that if his client is mandated to conform to the
provisions of the Ordinance, then, he would have to demand that the County
offer assurance that if it is dangerous to anyone, then. the County will
indemnify his client. He asked the Board to consider his suggestions, and to
forego any enforcement of the subject Ordinance until a close study of those
points that he alluded to earlier can be undertaken. and all the facts weighed
by the Board.
There was a discussion regarding the need to take action to prevent the
outbreak of the disease before it becomes a problem. and to offset the problem
before a situation similar to those East Coast Counties have gone through,
where thousands of trees have died; the actual species of trees that can and
cannot become infected; the fact that only untreated trees have become diseased
in Callier County; and the possibility of trees not being able to withstand the
subject inoculiltions of antibiotics for long periods of time.
^yricultural Agent Charles Lowery explained that the label on the anti-
botics is not accurate; that it would be costly to print new labels, and that
because coconuts ilrc not harvested from Collier County trees, it is not
necessary to do 50. He said that it would take a very high number of coconuts
to be consumed by one individual before he could even receive the amount of the
antibiotic that a doctor ~ives as one dose, and that when the Federal Agriculture
Department finds a better antibiotic, then, the County will use it, but until
that time, the antibiotic being used has been approved hi that agency for
use on the coconut palms.
Assistant County Attorney Pires rebutted several points made by Mr. Smith
and said that he disagrees with the so-called "taking" of properties, etc.,
as the nursery peop 1 e can sell the trees out of the County, with a pennit from
the Department of Agricuiture. He also said that he cannot agree with "negli-
, gence per se" aspects of Mr. Smi th I S argument. and referred to r~r. Smith I s poi n ts
as being "over-exaggerated".
A150 discussed was the possibility of spraying to kill the leafhopper, an
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insect that spreads Lethal Yellowing; the problems with such sprays; and the
method of control by in~culation as being more thorough. The transplanti~g and
sale of existing Jamaican Tall palms within the County was discussed, and
Mr. Lowery said that he sees no re~son that these. trees cannot be sold in the
County, as it does present a hardship on the pa~t of nurseries, who cannot
sell the ones that they have on the premises. .The fact that the inoculations
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are not a cure, rather, a,method of halting the disease of Lethal Yellowing at
the stage it may be found, when inoculations begin. as described by Mr.
.
Norman, was discussed. He also stated that the reason for the ban on sales is
to discourage the proliferation of the susceptible trees, and to encourage
nurseries to begin proliferation and sale of a variety of trees that cannpt
be infected, in their stead.
~r. Revere G. Sanders, owner of a condominium in The Glades, spoke in
favor of the Lethal Yellowing Ordinance, from the viewpoint of the residents,
citing the cost of inoculations as ueing acceptable to him, and he further
stated that Mr. Hubschman is not sp~aking for all the condominum own~rs, and is
speaking for himself alone, as the owner of "The Glades" and he pointed out
that as an individual, he wishes to let the Board know that some 800 trees
that are located in the Glades Condominium area are the responsibility of the
residents of those condominiums, and not of Mr. Hubschman; his responsibility
lies with the 240 trees in his nursery.
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Commissione;" Wimer left the meeting at 10:48 A.M.
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Mr. Merlyn C. Almack, 175 Palm Drive, referred to recent newspaper articles,
and said that if it is true that palms inoculated with the antibiotic could
sti11 die, then he cannot afford to spend the money required to conform with the
Ordinance.
There was a discussion regarding whether or not there is a need
to amend the Ordinance as it is written, and what aspects need to be amended
were discussed also.
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Commissioner Wimer returned to the meeting at 10:55 A.M.
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At the conclusion of the discussion, Commissioner Wimer moved,
seconded by Commissioner Brown and carried ~nanimously 5/0, that the
,t~ff hp rlirpr.tprl tn rrpr~rp ~n ampndmpnt tn the lethal Yellowina Ordinance
permitting sale and transplanting of existing palms and also excluding all
but the Jamaican Tall palm from the inoculation program within the Lethal
Following the motion there was a discussion regarding Mr. Smith's
request to forego the enforcement of the subject Ordinance in regards to
"The Glades, Inc,", as well as his client's contesting the existence of a
public nuisance re same.
County Manager Norman asked the Board to make a ffnal determination
regarding the validity of Mr. Smith's clients' appeal. Mr. Pires said that
the basic purpo<;e of the appeal is to determine if. in fact. a "public
nuisance" does exist. Mr. Norman stated that it is his feeling that there
is no further study needed; the Board has agreed upon the two changes that
are needed within the Ordinance; neither of these changes will have an effect
on the responsibility of the petitioner to inoculate their Tall Jamaican palms;
and, the Board chould dispose of the matter at this time.
COlTmissioner Wimer asked Assistant County Attorney Pires to offer the
verbage for a suitable motion. Mr. Pires said that the Board should deny the
appeal of the existence of a public nuisance. and affirm the decision that a
public nuisance does exist regarding the Jamaican Tall palms in question.
relative to the "The Glades, Inc." properties.
Commissioner Wimer so moved, seconded by COlT1TIissioner Brown and carried
unanimously 5/0.
CETA POSITION RE LETHAL YELLOWING PROGRAM APPROVED II
Commissioner Archer moved, seconded by commiSSio;r Pistor and carried
unanimously 5/0, that the CETA position for clerical rk relative to the
Lethal Yellowing Program be approved as recommended b . Agriculture Agent
Charles Lowery. I
CERTAIN STREETS IN MARCO BEACM UNITS 4 & 5 GRANTED FI!!c ACCEPTANCE
Cowmis~ioner Wimer moved, seconded by Commission~ Archer and carried
, una~imously 5/0, that the following streets be grante1ltfinal acceptance:
A. MARCO BEACH UNIT 4:
1. North Barfield between Bald Eagle Drive nd Redwood Court.
2. Windward Drive from Bal1 Eagle Drive easrly to one block
east of Elkcam Circle. '
3. Elkcam Circle between North Garfield and allier Boulevard.
.,
B. MARCO BEACH UNIT 5:
,
1. ,.lacao Court
2. Medeira Court
. 4. Canary Court
5. Bounty Court
3. Hawaii Court
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6. Alley between San Marco
.Road and South Barfield
Drive.
AGREEMENT WITH ASHLAND-~ARREN. INC. RE MAINTENANCE OF PORTION OF GOLDEN
GATE BOULEVARD - APPROVED FOR CHAIRMAN'S SIGNATURE
Commissioner Wimer moved, seconded by Commissioner Pistor and carried
unanimously 5/0, that the Agreement for maintenance of Golden Gate Boule~ard,
from CR 951 to 5th Street S.W., with Ashland-Warren. Inc. be approved for the
Chairman's signature, as recommended by the County Engineer.
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PRELIMINARY ACCEPTANCE OF HARCO BEACH UNIT 13A GRANTED; CASH BOND OF
$2,122,00 FOR THE 10% - ONE-YEAR MAINTENANCE SECURITY RETAINED
Commissioner Wimer moved. seconded by Commissioner Archer and carried
unanimously 5/0, that preliminary acceptance of Marco Beach Unit 13A be
granted and that 10% of the cash bond ($2.122.00) be retained for one-year
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maintenance security as recommended by the County Engineer,
CHAIRMAN AUTHORIZED TO SIGN EASEMENT DOCUMENTS FOR FLORIDA POWER AND LIGHT
CO~1PANY RE FISH AND GAME COMMISSION RADIO TOWER AT NAPLES LANDFILL
Commissioner Wimer moved, seconded by Commissioner Pistor and carried
unanimously 5/0, that the Chairman be authorized to sign the easement docu-
ments for Florida Power and Light Company. re the Florida Fresh Water Fish
and Game Commission's radio tower located at the Naples Landfill operations, as
recommended by the County Engineer.
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July 8, 1980
ALL BIDS RE BID #420, GOLDEN GATE ROAD IMPROVEMENT - REJECTED
Commission~r ^rch~r moved, seconded by Commissfoner Pistor and
carr1ed unanimo~sly 5/0, that all bfds received regarding Bid '420, re
Gclden Gate road improvement project be rejected as recommended by Pur-
chasing Director Frank Wilcox.
010 PROCESS WAIVED; HURRICANE SHUTTERS PURCHASE AWARDED TO ALUMINUM AND
GLASS DESIGNS, INC., NAPLES, FLA. IN THE AMOUNT OF $6,995.; BUDGET AMEND-
MENT TO BE PREPARED BY FISCAL OFFICER
Commissioner Wimer moved, seconded by Commissioner Brown and carried
unanimously 5/0, that the bid process be waived; that the purchase of hurri-
cane shutters from Aluminum and Glass DeSigns. Inc. of Naples. Florida,
in the amount of $6,~95. be approved; and, that the Fiscal Officer make the
necessary budget amendment as recommended by Purchasing Director Frank
Wilcox.
RESOLUTION NO, 80-125 RE ABATEMENT OF NUISANCE ON LOTS 28 & 29, BLOCK 33,
NAPLES PARK UNIT 6(ARTHUR J. GRAHL) - ADOPTED
Commissioner Wimer moved, seconded by Commissfoner Pistor and carried
unanimously 5/0, that Resolution No, 80-125 re the recovery of funds for the
abatement of a nuisance on Lots 28 and 29, Block 33, Naples Park Unit 6,
owned by Arthur J. Grahl, M,D., be adopted.
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RESOLUTION NO. 80-126, RE ABATEMENT OF NUISANCE ON LOT 10,
INCMAH SUBDIVISION(PRISCILLA KINCAID) - ADOPTED
BLOCK K,
"
Conmissfoner Wimer moved. seconded by Commissioner Pistor and
carried unanimously 5/0, that Resolution No. 80-126. re the recovery of
funds for the abatement of a nu1sahce on Lot 10. Block K. Inomah Sub-
division, owned by Priscilla Kincaid, be adopted.
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July 8, 1980
Bro REQUIREMENTS WAIVED; EMERGENCY PURCHAS~ OF 2 RADIO BASE STATIONS AND
1 REMOTE UNIT AUTHORIZED; BUDGET AMiNDMENT IN THE AMOUNT OF $6,000 APPROVED
FOR CIVIL DEFENSE RE SAME
Pursuant to staff recommendations, Commissioner Wimer moved, seconded
by Commissioner Pisto~ and carried.unanimously 5/0, that the bid requirements
be waived, and that the emergency purchase of two(2) single channel radio
h~~p stations, and one(l) remote unit for the Civil Defense Department's
use at the Courthouse Complex, and at the Everglades City Branch Office. be
approved; and, that a budget amendment transferring $6,000 from Contingencies
to Civil Defense #001-38-010-644 to implement this purchase be prepared.
ADVERTISING AUTHORIZED FOR PUBLIC HEARING ON 8/19/BO RE EMS ADVISORY
COUNCIL ORDINANCE
Public Safety Administrator Thomas Hafner recommenrl~d the adoption of
an Ordinance for the reorganization of Collier County Emergency Medical
Services Advisory Council and related bylaws. He said that the drafted
Ordinance is a result of the working group consisting of County Manager
Norman; Administrative Aide to the Board Mary Morgan; County Health Director
Dr. Cox; and himself, He said that they evaluated the situation in Collier
County; reviewed EMS bylaws of several sister Counties; and, the combination
of these resulted in a set of bylaws that the group feel are compatible with the
County's needs,
In answer to Commissioner Archer, Mr, Norman said that the subject
Ordinance will require a public hearing prior to adoption, unless the Board
declares an emergency, He suggested that, if the Board agrees with the con-
cept with the kinds of entities that are represented within the drafted
Ordinance, then, the advertising can be authorized and the selection process
for membership can commence during the interim of time before the publ ic
hearing.
. Commissioner Archer moved, seconded by Commissioner Pistor and carried
unanimously, that the advertising be authorized for public hearing on
8/19/80 for consideration. of the adoption of the EMS Advisory Council Ordinance;
that the selection process for same ~ouncil commence,during the interim
prior to the public hearing; and that the relative ~ppointments be made at the
8/19/80 meeting, as rec~~nended by the County Manager.
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CHAIRMAN AUTHORIZED TO EXECUTE BOND RESOLUTION RE GOODLAND WATER TRANS-
MISSION SYSTEM CONSTRUCTION. WHEN ijECEIVED FROM BOND COUNSEL. SUBJECT TO
APPROVAL OF COUNTY ATTORNEY
County Attorney Pickworth stated that the Bond Resolution for the
Goodland potable water transmission system constructiGn has not arrived
from the Bond Counsel, adding that, although he does not have the actual
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Bond Resolution in hand at this time, the following is what it will
contain:
1, The financing program calls for the issuance of $56B,500.00
water revenue bonds, series A and B.
a. The series "A" bonds are in the amount of $1OD,oon,
and will be paid via revenues derived from "u~,er
cha rges"
b, 7he series "B" bonds will be in the amounts of
$46B,500, and will be paid for partly by revenues
derived from "user charges" and in part via special
assessments as follows:
1. $259,217,00* will be payable from the assessment
portion of the bond issue.
2, The rema;nder ($209,283.99*) will be payable
by revenues.
* These figures will probably be rounded off.
Mr. Pickworth said that the remaining costs of the project will be made
up through a grant from the Farmers Home Administration. He said that the
County currently has a grant commitment in the amount of $390,000 with the
FmH^; if additional monics dre needed. then, the FmHA will attempt to give
the County additional grant monies. Mr. Pickworth stated that the County
will not deliver the subject bonds unless, prior to construction, the County
has firm commitments for either loans or grants in sufficient amounts to
construct the entire project.
Mr. Pickworth said that the Board may wish to wait to take action, until
the subject Bond Resolution is in hand. at the July 29. 1980 BCC meeting; or,
the Board may authorize the Chairman, through action today, to execute the Bond
Resolution when it is received, on the condition that the resolution reflects
what he has ,"epresented to the Board this date; if the resolution was to vary
in any material respect, he would not expect the Chairman to execute such a
document until the Board has the opportunity to consider it thoroughly.
BOOK 054 PACE 39
BOOK 054 PAGE 34-
July 8, 1980
Commissioner Pistor moved that the Chairman be authorized to sign the
Bond Resolution re Goodland potable water system construction, when it is
received by the County from the Bond Counsel. providing that it is acceptable
to the County Attorney. Commissioner Archer seconded the motion, and it
carripct unanimously 5/0.
BOND ~ESDLUTION RE GOODLAND WATER TRANSMISSION FACILITIES TO BE ON 7/29/80
AGENDA ALLOWING ATTORNEY HOLLEY TIME TO SHOW CAUSE WHY SAID BOND RESOLUTION
SHOULD BE RESCINDED
Following Board action whereby the Chairman was authorized to sign the
Bond Resolution re Goodland potable water transmission system construction,
when it arrives from the Bond Counsel, Attorney Charles Holley, representing
Mr. and ~'rs. Kirk and Mr. Smith, of Goodland, stated that his clients wished
to have the opportunity to address this matter prior to the Board taking
action, however, he still wishes to make several points relating to the
proposed costs that are to be involved with the Goodland water facilities,
He said that it is the position of his clients that the proposed costs are
too hiqh. and that the propospd systpm is too large for the nccd5 of the
people of Goodland,
Mr, Holley explained that he has been retained only recently, and he haz
not had sufficient opportunity to study all the pertinent materials regarding
this matter, and that his clients claim that they have not had adequate
information regarding the proposed water system. He asked the Board if he
could be presented with the various documentations, etc. relative to the
water system for Goodland, prior to the subj~ct Bond resolution being pre-
sented to the Chairman for execution. County Attorney Pickworth said that
the County will be happy to provide all the relative information to Mr, Holley,
and that he can be assured that all of the information has been given to
his clients in the past.
"Mr. Holley said that there has been a petition, presented by Mr. Smith,
some time ago, that is signed by over ninety residents of Goodland, indicating
that they all want the water system constructed, but 'oppose the "price tag"
that has been put on the projett.
Chairman Wenzel offered thp following correspondence relative to the
A
Goodland water system for the r&cord:
1. Letter dated 7/7/80, from Sandra J. Dudeck, requesting a water system
for Goodland at a more reasonable c~st; and stating that the proposed
system is too large. '
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2. Letter dated 7/5/80, fr'om John Beriault. opposing the proposed
water system for Goodlan~, as it is now designed.
3. Letter dated 7/5/80, from Theresa P. Womack. objecting to the
proposed size and subsequent costs. and ~t to having a water
system on Goodland.
4, Letter dated 7/8/80, from Mrs. Edith Cartwright, stating that she
is in favor of a water system for Goodland, but not at the costs
that have been quoted, as she is on a fixed income.
5, Petition dated 6/~7/80, from the Goodlan~ Civic Assoc. indicating
their wish to proceed with the water system ~or Goodland, provided
that the rates will be within 10% of that rate quoted for users, by
media and BCC; and provided that the site offered by the DOT be
selected for the storage tank and pumping station if no valid
reason can be proven for not doing so, representing 89% of the
membership present for the motion, voted on at their 6/26/80 meeting.
6, Petition signed by approximately 102 residents of Goodiand, asking
the 8CC to proceed with the proposed water system for Goodland.
Attorney Holley said that none of the above is the petition of which he
is speaking, and Commissioner Pistor concurred that there was another petition
rcccived from Mr. Smith, and same petition was in the BCC's files. Mr. Holley
said that there were over ninety signatures, indicating their concern over
the cost of the proposed system. He read from the petition which stated that they
do not want this kind of "price tag" and that they do not wish to participate in
the plan of the Utility Director, unless it is modified to a more reasonable
water rate and cost to build. He said that these people all want the water, but,
they do not want this cost.
There was a discussion regarding what exactly it is that the people of
Goodland want, and Mr, Holley asked to be given the opportunity to study all
relevant information and come back before the Board prior to the Signing of
the subject Bond Resolution to discuss this matter more fully. He said that he
knows that he has the opportunity to file his clients' objections during the
?ppeal period, and pos3ibly hold up the construction of the system for a long
time, as concurred to by Mr. Pickworth, but he assured the Board that this is
not his intention. He said that it is not a matter of trying to prevent a water
system from going in on Goodland, rather, it is a matter of what size system
should be constructed,
Mr, Pickworth said that there seems tv be a dispute over the Engineering
of the proposed project; that perhaps the best thing to do is to have Mr. Holley's
clients submit an engineering report that can prove that the proposed size is
unnecessary, because the County believes that the proposed system is reasonable,
8'OOK' 054' PAGE 35 I
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P'CQK 054 fAGE ~~
based on the County's engineering consultants raports. Mr. Holley agreed,
and said that he has advised his clients that he prefers to initiate such a
report now rather than during the appeal period once the Bond Resolution has
been executed.
Mr. C.E. Smith, resident of Goodland, referred to various documents
that prove his claim regarding the amount of time that this matter has been
before the Board. He read from documents dating from 1974 through 1977,
and said that he wishes to clarify for the record, that he has not been fighting
with the County for five years, rather, his first close contact with both
~Ir, Berzon and Corrmissioner Pistor began in 1979 when they came to 'I Goodland
Civic Association meeting and presented their plans for t:l.: subject system.
Mr. Bill Lagan, speaking ~s a concerned citizen, stated that as he
sees it the problem at hand is simply a matter of a lack of communication;
the Board is not listening to what thp residents of Goodland want; they are
forCing something on them that is too large and is not necessary; and, he
asked the County to consider all aspects of this matter and to give the residents
a r",'son wr.y th~ smaller system that the residents of Goodland want will not
work, and why the larger system that the County is proposing is needed.
Chairman Wenzel spoke of projectpd growth on Goodland, and said that if
the people of Goodland were to limit density and future growth, then, they
could have a smaller capacity system; he claimed that the proposed system
is based on projected growth and fire protection for Goodland.
Fire protection on Goodland was discussed and Mr. Berzon concurred with
Cormlissioner Pistor regarding the National Fire Underwriters! requirement for
a system capable of supplying 1,000 gallons of water per minute for a period
of five minutes, totaling 300,000 gallons; thus, the need for a system at least
the size proposed, Then, he added, potable capabilities have to be determined,
and this was done based on an actual house, trailer. and commercial property
cQunt, 'completed by the Zoning and Engineering Departments in 1974 or 1975. He
said that the system is based on present facilities and needs, not on projections
for growth some 10 or 20 years from now. In answer to Commissioner Wimer, Hr.
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Berzon said that although he is not aware of any Goodland residents that do not
.
want fire protection, and ~e feels that any community needs fire protection, fire
protection i~ nnt mandatory for Goodland.
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Commissioner Wimer stated that the only thing that has changed regarding
the water system for Goodland is the costs; that delays are contributing t;
the increased costs; and that although he. is.concerned that the longer they
wait, the higher the cost? will be, if the people of~Goodland want time for an
additional Engineer to work on a cheaper design; if they want a smaller system
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than the one proposed; and if they want no fire protection at al I and ugree to
this knowing that they will not have it; then, as far as he is concerned, they
can have it.
County Manager Norman said that while the design and construction of a
Counly util ity is not his responsibility, he is responsible for advising the
Board on matters rplative to the public safety. He said that he feels that
he mU5t strongly recommend that if the residents of Goodland wish to develop
a wate;" system without fire protection, then, they should be allowed to con-
struct such a system on their own; he further said that he is concerned with
allowing such a system to be developed at all.
Mr. Lagan responded ta this by saying that the smaller water $Y$tcm with a
250,000 tank and 8 inch feeder lines could meet the mandated 1,000 gal per minute
flow, a'ld he offeT'ed another al ternative for fire protection in drafting water
from the surrounding waters of the island of Goodland such as farmers do for
irrigation. Hp said that the latter allows capabilities of up t01,OOO gallons
per minute flow; Commissioner Bro~m concurred. Mr. Lagan asked that the people
of Goodland not be told that they will be giving up their fire fighting cap-
abilities if a small2r and less costly system were developed rather than the
subject system proposed by the Board. He asked that the people of Goodland be
given time to have another Engineer work on alternative desi3n, and asked that
the project not be rushed through just to have it completed by November.
Mr. Stan Gober, resident of Goodland, spoke in favor of the proposed water
system, pointing out many difficulties that he, as a restaurant owner in Goodland,
has incurred with the present system. He said that the majority of residents
want the proposed system, and too much water is better than not enough,
Mr, Harold A, Brantner, resident of Goodland, spoke in favor of the
proposed systenl for Goodland. He said that he too had signed the first petition
as had Mr, Gober, but changed his mind after talking to the Engineer, and the
aOOK 054 PACE 37
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July 8, 1980
FmHA. He said he is convinced that the reasons for this size of system are
valid, and said that there is a danger of not having the FmHA approve a
different design, or a smaller one; and, he reminded the Board that the FmHA
is con~itted to a loan at this time, and has said that they can probably offer
additional funds if needed. He sa'd that an application for a FmHA loan from
other than the County has little chance of being accepted, and urged the Board
to movc forHard, bccau~c firc protcctlon is not only necessary, but will lower
insurance rates on Goodland.
Commissioner Wimer stated that he did not agree with Mr. Holley or his
clients' point of view; however, in the interest of saving the time that would be
lost if Mr. Holley were to file suit during the appeal period of the subject
bond issue, he would move to allow three weeks for Mr. Holley to study the
matter and would schedule the consideration for the execution of the subject
Bond Resolution at that time, when Mr. Holley could return and offer his arguments
after becoming familiar with all the facts. Commissioner Brown seconded the motion,
noting that he is doing so based on the County Attorney's statement that Mr.
H()ll~y ~h()IJlrl hilvPlrlpCJ'liltf> time to study the issue.
There was a discussion regarding the action taken earlier to have the
Bond Resolution executed when It is received from the Bond Counsel, as well as
"Ihat effects a delay in filing would have on the project. During this discussion
Commissioner Wimer asked Mr. Holley if he would object to his amending the
motion, so that the matter would be scheduled for July 29, 19807 He said that the
Bond Resolution could be executed as voted on earlier today; and, at the July 29th
meeting, the Board could consider reversfng their action. He said that in this
way the processes of the bond issue could begin and possibly save time. Mr.
Holley said he would not object to that as he knows that he can stop the bond
issue process at any time through the courts.
Commissioner Wimer amended his motion as indicated, and Commissioner Brown
amended his second, Upon call for the question the motion to schedule the
discussion regarding the Bond Resolution re Goodland water system construction for
July 29, 1980, carried unanimously 5/0. Commissioner Wimer clarified this action
by confirming that the subject Bond Resolution will ~e signed by the Chairman
when it is received, and that the Board can decide-to rev~rse that action
A
on July 29, 19CD when Mr. Holrey returns.
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RECESS - NOON - 1:35 P.M. - Conmissioner Wimer arrived at 1:50 p.r~.
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REQUEST BY KREHLING INDUSTRIES FOR CONNECTION TO E~ISTING WATER LINE SERVING
ROYAL PALM GOLF ESTATES, SUBDIVISION - APPROVED SUBJECT TO STIPULATION RE
WATER METER, MAINTENANCE AND BILLING
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Commissioner ArcHer moved, seconded by Conmissioner Pistor, for approval
of the request by Krchling Industries for connect~on to an existing 8" water
line, installed by Royal Palm Golf Estates, from the boundary of the Capri Water
Works franchise to the Subdivision property line, as recommended by staff in
the Executive Summary dated June 26, 1980, It was noted in the SUrT1T1ary that
th" owners of the water line have provided written statements indicating approval
of the connection and that the Operations Director of the Utility has indicated
there is suffici~nt water capacity.
Utilities Division Oirector Serzon reported that representatives of the
Utility have dsked that approval be subject to the receipt of a letter from Royal
r~lm Golf Estates indicating that they will purchase the master meter and be
responsible for the billing and maintenance thereof. Mr. Henry Krehling, in
attendance, expressed his approval of the stipulation.
Commissioner Archer and Commissioner Pistor agreed to the amended motion
which carried 4/0 with Commissioner Wimer not present.
CHAIRMAN AUTHORIZED TO SIGN CONTRACT CHANGE ORDER NO. 1 RE CONTRACT WITH
MITCHELL & STARK FOr. WILLOUGHBY ACRES WATER AND SEWER IMPROVEMENTS PROJECT
REDUCING CONTRACT BY $74,484.80 PLUS MISCELLANEOUS FEES AND COSTS
Utilities Division Director Berzon reviewed briefly the Executive
Surnrnary dated June 26, 1980 pertaining to the Change Order No. 1 in the
contract with Mitchell & Stark for the Willoughby Acres Water and Sewer Improve-
ments project. He said that, at the present time, the FmHA is "short"
$93,000 for the water funds for the subject project and, in order to obtain
interim financing and proceed with the construction. it is necessary to reduce
the amount by $74,484,80, noting that that amount, together with the accompanying
engineering fees, legal and administrative costs, will result in a total reduction
of $93,106, It was noted that the various items to be deleted from the contract,
as detailed, are of a temporary nature and that as soon as FmHA loan funds are
available, the items will be brought back into the r.nntr~r.t ~t their original bid
prices,
'BOOK 054 PACE 3q
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054 PAGE '40
July 8, 1980
Commissioner Pistor moved. seconded by Commissioner Archer, that the
Chainman be authorized to sign Contract Change Order No.1, as detailed above.
The motion carried 3/0 with Commissioner Wimer not present and Commissioner
Brown having left the meeting temporarily.
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July 8, 1980
RESOLUTION CW5-80-B AUTHORIZING THE EXECUTION OF NOTES FOR INTERIM FINANCING
FOR THE WILLOUGHBY ACRES WATER AND SEWER IMPROVEMENTS PROJECT, AND OTHER
PERTINENT DOCUMENTS - ADOPTED
Utilities Division Director Berzon reported that the Financial Con-
sultants, Fischer, Johnson, Allen & Burke, Incorporated and Southeastern
Municipal Bonds, Inc" for the Willoughby Acres Water and Sewer Improvements
project have arranged for interim financing for the project, as follows:
1, Water $391,000 - borrowed at 6%, to be reinvested at
7.75%.
2, Sewer $1,271,000 - borrowed at 6%, to be reinvested at
7.4%.
Responding to Commissioner Pistor's query regarding the legal aspects
of the arrangement, Fiscal Officer Harold Hall explained that the proposal is
legal within the limits established by the Internal Revenue Service. County
Attorney Pickworth concurred, adding the comment that it is legal as long as
the arbitrage provisions of the Internal Revenue Code are not violated.
Attorney Pickworth advised that he has drafted a resolution authorizing
the execution of certain Bond Anticipation Notes for the proposed construction
which he requested the Board to adopt, to authorize the Chairman to sign the
Notes and, the non-arbitrage certificates and other ministerial type documents
necessary to effect the closing.
Commissioner Pistor moved, seconded by Commissioner Brown and carried
4/0 ~Jit'" Commissioner Wimer not present, that Resolution CWS-80-8 be adopted,
and that the Chairman be authorized to sign the necessary documents ~ith regard
to the interi~ financing of the Willoughby Acres Water and Sewer Improvements
projec t.
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~o6x 054 PACE 50
FINANCIAL CONSULTANT AGREEMENT BETWEEN BCC AND FISCHER. JOHNSON, ALLEN &
BURKE, INCORPORATED AND SOUTHEASTERN MUNICIPAL BONDS, INC. RE COUNTY WATER
SUPPLY, TREATMENT AND TRANSMISSION SYSTEM PROJECT - APPROVED FOR CHAIRMAN'S
?IGNATURE
Utilities Division Director Berzon explained briefly the information
contained in the Executive Summary,dated June 25, 1980 regarding the
Financial Consultant Agreement between the Board and Fischer, Johnson.
Allen & Burke, Incorporuted und Southeastern Municipal Bonds, Inc., Con-
sultants for the County Water Supply, Treatment and Transmission System.
He pointed out that the Agreement excludes the Consultants and their firms
from participating In the purchase of any of the bond offering that may
result from the financing of the construction of the System, among other
provisions.
Commissioner Archer moved, seconded by Commissioner Brown, that the
subject Agreement be approved for the Chairman's signature. The motion
carried 4/0 with Commissioner Wimer not present.
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July B, 1980
ORDINANCE SETTING FORTH THE RESPONSIBILITIES OF THE BCC AND THE COUNTY
MANAGER - ADVERTISING AUTHORIZED FOR PUBLIC HEARING ON AUGUST 5, 1980
Pursuant to recommendation by County Attorney Pickworth, Commissioner
Archer moved, seconded bY,Commissioner Pistor and carfied 4/0 with Commissioner
Wimer not present, that a proposed ordinance setting forth the responsibilities
, ,
of the Board of County Commissioners and the County Manager be advertised
for a public hearing on August 5, 1980,
Attorney Pickworth explained that the original ordinance, adopted in
1'l7B. was \.,rittcll ill hrlsic terms following what is "laid down" in the Statutes
\'/'lPrc~s the proposed ord i nance is "beefed up" in two areas; one bei ng how the
County Manager is appointed and/or dismissed. and the other being how the
ordinance itself is amended or repealed.
Mr. Wade Schroeder, speaking as a resident of Collier County, voiced his
support of the changes being proposed.
BOARD AUTHORIZES EXTENDED PAYMENT BY COUNTY OF TRAFFORD PINE SEWAGE TREATMENT
ELECTRIC BILLS UP TO TEN DAYS
County Attorney Pickworth recalled that the County has had to pay the
electric bills for the Trafford Pines sewage treatment facility for the past
thrpe weeks, >;;lid authorization expiring this date. He asked that the Board
extend the authorization for another week or ten days, noting that the
County will probably be taking leg~l action regarding the facility momentarily.
Commissioner Brown moved, seconded by Commissioner Archer and carri~d
4/0 with Commissioner Wimer not present, that the extension recommended by
Attorney Pickworth be granted,
ORDINANCE CREATING HOUSING FINANCE AUTIIORITY - ADVERTISING AUTHORIZED FOR
PUBLIC HEARING JULY 29, 1980; RESOLUTION 80-129 INDICATING INTENT TO CREATE
AUTHORITY - ADOPTED
County Attorney Pickworth explained that if there is any possibility of
utilizing the provisions of the Housing Finance Authority, as has been
prpviously discussed, it is necessary, from a timing standpoint, to hold a
public hearing on an ordinance creating such Authority - suggesting that such
hearing be held July 29, 1980, He said that the Board should be prepared at
that time to appoint, by resolution. member~ to the Authority so that a
meeting of the lIIellluership call ue held fairly soon after such appointment.
BOOK 054 PAGE 55
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July 8, 1980
Commissioner Archer moved, seconded by Commissioner Pistor, that a
proposed ordinance pertaining to the constitution of a Housing Finance Authority
be advertised for public hearing July ,9, 19BO. The motion carried 4/1 -
Commissioner Wimer having arrived at the meeting at this time - 1:50 P.M -
and with Chairman Wenzel voting in opposition.
Attorney Pickworth explained that the second matter, in this regard, to
be addressed by the Board is the adoption of a resolution declaring the
Board's intent to create the Authority. He said that such resolution would
appoint Southeastern Municipal Bonds, Inc. along with Fischer, Johnson, Alien
& Burke, Incorporated, (Investment Bankers), would declare the intent to create
the Authority and to issue Mortgage Revenue Bonds in an amount not to exceed
$50,000,000, upon such terms and conditions which may be mutually agreed upon
by the Authority, when created, and by the Investment Bankers. Also, said
Attorney Pickworth, the resolution will provide that the County agrees to sell
the Bonds to the Investment Bankers, under conditions which will be agreed
upon by the Authority and the Bankers, and it will provide that the County
shall be under no obligation to spend any of its General Funds in this regard.
In response to Commissioner Archer's concern over the County's responsi-
bil ities, Attorney Pickworth emphasized that, once the Authority is created
and the members duly appointed and qualified, the Authority itself will be
fully responsible for the Program, with no liability on the part of the Board
or the County,
Discussion followed concerning interest rates current)y in effect for
home mortgage loans with Mr. David Fischer, of Fischer, Johnson, Allen &
Burke, Incorporated, suggesting that there should be approximately a 2% spread
between conventional mortgages Jnd mortgages obtained under the Authol"ity's
Program.
Commissioner Wimer moved, seconded by Commissioner Brown, that the
Resolution of Intent be adopted.
Attorney Pickworth pointed out that, although the Resolution appoints
the aforementioned firms as the Investment Bankers, once the Authority is
created the Authority wjll have to make a separate ~greement with the firms
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July B, l~ ~.
the 'AuthOrity will \,
perform other acts ~
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because at that point the Board "will be out of it" and
be responsible for appointing I;vestment Bankers. and to
as required.
The motion carried 4/1 with Commissioner Wenzel voting in opposition.
." .
Discussion followed cpncerning appointments of ptrsons to serve on the
Authority, with Attorney Pickworth emphasizing the need for a "good" Authority and
, ,
offering suggestions for fields of expertise which would be desirable and, in
fact in some areas mandated by Statute, such as finance. labor and commerce.
Fiscal Officer Harold Hall suggested that the resolution should "track" the
Statutes and set forth the requisites. Attorney Pickworth said that when tile
resolution, appointing the Authority, is adopted it will state that the members
appointed meet the requirements of the Law.
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eOOK 054 rAGE 57
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CHAIRMAN AUTHORIZED'TO SIGN AMENDMENT TO AGREEMENT WITH DEVELOPERS OF
WYNDEMERE SUBDIVISION RE WATER TREATMENT FACILITY ,
County Attorney Pickworth ;eviewed the terms ,of the County's Agreement
with the developers of Wyndemere Subdivision wherein the County agreed to
allow the developers to tap into the City's raw water line and be tr2ated
:. .
at a temporary facility copstructed for this purpose ~n a lot in Golden
Gate, the subject lot having been purchased by the developers for this reason.
. \
One of the terms of the Agreement. said Attorney Pickworth. is that when the
Subdivision hooked up to the County's water system, the site of the temporary
plant would be deeded over to the County for whatever purpose the County
deemed desirable or necessary such as ground storage tanks, or the like,
Continuing, Attorney Pickworth said that the people in the area have
expressed concern about the County putting a permanent facility on the site.
What is bein9 proposed is an amendment to the Agreement with Wyndemere,
said the Attorney, which would eliminate the requirement that the site be
deeded to the County but would require instead that. within sixty days
of the execution of the Agreement. the developers will tender to the County
$20,000 which represents the fair market value of the parcel. This money
would then be used toward the purchase of a site which might be needed some-
time in the future, he said.
Commissioner Archer moved. seconded by Commissioner Pistor and unanimously
carried, that the Amendment to the Agreement, as proposed by the County Attorney,
be approved for the Chairman's signature.
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BOOK 054 PACE 81
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July 8, 1980
'BOo~ 054; PACE 64-
ROUTINE BILLS - AUTHORIZED FOR PAYMENT
Commissioner Pistor moved, seconded by Commissioner Brown and
carried, that the bills, having been processed following established
procedure, be approved for payment as witnessed by the following checks
issued from June 18, 1980 through July 8, 1980:
FUND
CHECK NOS.
County Checks
BCC Payroll
BCC (CETA) Payroll
General Fund
County Water Service
9203 - 91366
12839 - 13756
2315 - 2549
9 - 13
4
PAYMENT TO CH2M HILL FOR ENGINEERING SERVICES RE EAST NAPLES WASTEWATER
COLLECTION SYSTEM - APPROVED FOR PAYMENT IN THE AMOUNT OF $95,994.54
Fiscal Officer Harold Hall explained that one of the bills being brou9ht
to the Board's attention for special approval is from CH2M Hill, in the
dmount of $95,994.54, and represents 51% completion of the East Naples
I.astewater Collection System Pre! iminary and Final Design Engineering
Services. rk. Hall said that before year-end it might be well to address the
source of the funds for these services, suggesting that a Tax Anticipation
Note be considered since there has been a MSTD established for East Naples to
cover this and other related engineering costs that have been ~uthorized by the
Board, which he said could approach $500,000, and which the General Fund "can't
handle". There is a need to move ahead with the District which has been
established, said Mr. Hall, and a need for some type of Tax Anticipation Note
to reimburse the General Funds.
*The subject of advances from the General Fund and the status of repay-
ment was further discussed later in the Session.
Continuing, Mr, Hall said that it would be well if the Board would
ilpprove payment of the subject bill through the General Fund but at the same
time direct that a Tax Anticipation Note be drafted for future presentation
to the Board for the East Naples MSTD. In answer to Commissioner Archer's
question regardin9 the amount of interest the District would have to pay,
!'1r. Hall said that he would estimate that it would be less than 7%,
Commissioner Archer moved, seconded by Commis~ioner Pistor and
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unanimously carried, that the.Board authorize payment to CH2M Hill for
en9ineering services performed for the East Naples Wastewater Collection
System in the amount of $95,994.54.
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July B, 11~__]
PAYMENT TO SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL RE ASSESSMENT FOR
MEMBERSHIP FOR THE PERIOD 7/1/80 THROUGH 9/30/80 - APPROVED FOR PAYMENT
IN THE AMOUNT OF $5,592 '
Commissioner Archer moved, seconded by Co~issioner Pistor and
unanimously carried, that the bill, presented by Fiscal Officer Hall for
.
special Board approval, from Southwest Florida Regional Planning Council for
payment of assessment for membership for the period July 1, 1980 through
September 30, 1980, be ~pprove~ for payment.
FISCAL OFFICER PROVIDES STATUS REPORT RE REIMBURSEMENT OF FUNDS TO COUNTY
GENERAL FUND FROM CERTAIN MST DISTRICTS
During the discussion earlier in the Session with regard to the
payment to CH2M Hill for engineering services performer: for the East
Naples Wastewater Collection System project, it was pointed out by Fiscal
Officer Harold Hall thatj approximately one year ago, Commissioner ~limer
wrote d memorandum to the Board stating that the Board should not continue
with these large loans from the General Fund. In this regard, Mr. Hall
reported that such advances are being "whittled" down, noting that currently
therc arc receivables of $1,600,000 - $1,000,000 of which is primarily from
the Utilities. It is expected that by the end of the year, with the billing
recently submitted to the Immokalee Water/Sewer District, to have the figure
down to a little over $600,000, he continued. Mr. Hall said that the Utilities
Division Director has a repayment plan, a step process, whereby the amounts
of money that have to come from the General Fund from the water system are
decreased.
Commissioner Wimer inquired about how long it would be before the General
Fund would be completely reimbursed with Mr. Hall responding that there is
no "hard and fast date" but the schedule should be completed for the water
system by 1982. Utilities Division Director Berzon concurred on the date but
added that this is assuming that there are no unusual charges coming back
from the City over and above the regular water charges.
Commissioner Wimer expressed his concern over the loss of interest which
could be generated by investing the funds instead of loaning them out to the
various special districts at no interest.
Mr. Berzon explained the status of repayment anticipated from the specific
districts, It was suggested by Commissioner Wimer that it might be wise
80CK 054' PAGE 65"
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July 8, 1980
to collect the monies from the districts, following their establ ishment, "up
front" instead of "after the fact- - in other words, to start the district
working from "day one". It was pointed out by Mr. Hall that this approach
was taken with regard to the Immokalee and Marco Island projects whereby there
were sufficient funds for the preliminary work; however, he said that it is
in final design stage that the large amounts of money ~re required, noting
that in a large project this could be from $250,000 to $400,000.
Mr, Hall said that the Clerk's Office is in agreement with Commissioner
Wimer's comment but pointed out th~~ there was a time, not too many months ago,
when the County was so "tangled up" with legal problems that the staff was
tak.ing what was, in his opinion, the very best approach for the County in the way
the financial structure worked. He reiterated that there are gains being made
and commented on the statu~ of the Goodlaod and Willoughby Acres projects which
he stated, with the interim financing, will be cleared up by year-end. He said
there is a 1 ittle different situation with the County water system but said
LhdL Llite d~~I.t)ach being taken in this case is, in his viewpoint, very defendoJble
from a CountY-~lide benefit standpoint. Continuing, Mr. Hall said that getting
the advances back from the Immokalee project is "just around the corner"; all
of the advances have been received from Sewer Service Area "A", and, if a Tax
Anticipation Note is obtained for Sewer Service Area "B", for all practical
purposes, a II of the major' ddvances from the General Fund wou 1 d be cl eared up,
In the future, said Mr, Hall. these advances will not be necessary because with
interim financing the Board will have the kinds of financial tools necessary
to work wi th.
Mr. Hall offered the opinion that it is extremely important that the Board
take action vcry soon to dircct that interim financing be ubtained for Sewer
Service Area "B" and, if there is no Objection, the staff ~lill "move in that
. direction" and bring it back to the Board.
Commissioner Pistor noted his agreement with Commissioner Wimer's
earlier comments following which there was a brief discussion with regard
to the Goodland MSTD.
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JulY 8, i"98O
BUDGET AMENDMENT 80-123 RE TRANSFER ,OF FUNDS TO ESTABLISH BUDGET FOR
SECRETARIAL POSITION UNDER THE COURTS ADMINISTRATOR (CLERK OF COURTS -
ADMINISTRATION) - ADOPTED IN THE AMOUNT OF $3.649 '
Commissioner Archer moved, seconded by Comnrlssioner Pistor and unani-
mously carried, that Budget .\mendment 80-123. ~ransferring of funds to
"
establish budget for the remainder of FY 1979-80 for a new secretarial
pOJition under the Court~ Administrator, be ado~ted in the amount of $3,649.
nOAnu OF COUNTY COMMISSIONERS
COLLIIm Couwry, l-'I,OR'r:DA
BUD GET
^ MEN D MEN T
, @ RccJu.i:ccs Board Approval ' D Doe's' N,ot nequire Doard J\pprova;1
(transfer within object code ,range)
. . . .. . . . . .. ... ...... . .. " . '"
13UDGET MIEN!),
FUND
GENERAL,
DEPT.. GLE~X' ,O.F. C.OURTS - ADt'lIN
DESCRTPTION:
\
\
Trilns[cr of funds to establish budget for remainder of FY 1979-80
for new secretarial position under the Courts Administrator. Regular
pay to be $LOl/JIour effective 6/24/80.
TO (Increase):
Regular Salaries
Socinl Security Matching
Retirement Contribution
Life & Health Insurance
Worker's Compensation
001-516-2-00-20-030-120
001-516-2-00-20-030-210
001-516-2-00-20-030-220
001-5l6-2-00-20~030-230
00l-516-2-00-20~030-240
$ 2;694
165
245
500
45
Total
$ 3,649
FROM (Source of Funds):
Other Misc. Expense
001-516-2-00-20-030-499
$ 3,649
"
County Mqr/Div. Dir.
Approval':
No, 80-123
Fiscal Of 'ce~ Board of County Comm.
Approva }01~ ~pproval:
Date: '.. t Date: July 8" 1980 '
D<lto:
DISTrnlJUTION: . .n Board Recor " (Origin...l)
D }'iscnl Officer
?::1 Dep"rtment(!') 1\ffcctcd
, .n 1\ccounting Department
D l'urchm;:i.ng (Equipment Only)
L:7 Budget 1\nalyst
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BOOK 054 PACE 67
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BarM 054 fAr.E as
BUDGET AMENOMENT 80-124 TRANSFERRING FUNDS TO PROVIDE fOR PURCHA5E AND INSTALLA-
TION OF AIR CONDITIONER AT IMMOKALEE HEALTH CENTER (OTHER GE'NEP,AL ADMINISTRATIVE)
ADOPTED IN THE AMOUNT OF $4,150
Commissioner Archer moved, seconded by Commissioner Pistor and unanimously
carried, that Budget Amendment 80-124, transferring funds from Contingencies to
Buildings to provide funds for the purchase and installation of an air con-
ditioner system to replace existing system at the Immokalee Health Center, be
adopted in the amount of $4.150.
BOARD OF COUNTY CO}~ISSrON~I(S
COLLIER COUNTY, FLORIDA
BUD GET
A MEN D MEN T
fiX
Requires Board Approval
. D Do'Po'S' Noi~ Requi.re Doard Approval
. , . . . . , . <.t.r.a,n.s.f.e.r .\".i,t~,i.n :<'b.jec,t .cod.e, r,a.n9;e:>
FUND ~AL., ':
DEPT. ?THER.. CEN~RAL At'''1INISTRATIVE
DESCRIPTION:
'Transfer of funds from Contingencies to Buildings to provide
funds for purchase and installation of an air conditioner system to
reolace the existing unit at the Immokalee Health Center which is
inoperable und irrepairablc.
TO (Increase):
Buildings 001-5l9-1~00-05-010-620
$ 4,150
FROM (Source of Funds):
Contingencies
001-519-1-00-05-01&-990
L_4Ll_~9.
County Mgr/Div. Dir.
Approval:
No. 80-124
Board of County Comm. BUDGET MIEN I
Appro,":al:
[)i] tc :
Date: July 8., 1980.
DISTIUDUl'ION: ' 'D 130ilrd Recor s (Original)
D I'iscal Offic"er
z:t Pepartment(s) ~ffccted
. 'n ~ccounting nCpilrtrnent
D purchasing (Equipment. Only)
. L:7 Buuget Analyst
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BUDGET AMENDMENT 80-125 TRANSFER OF FUNDS TO COVER COST OF HELICOPTER REPAIRS
(INTERNAL SERVICES-HELICOPTER OP~RATION) - ADOPTED IN THE AMOUNT OF $5,000
Commissioner Archer moved, seconded by Commissioner Pistor and unan1mo~sly
carried, that Budget Amendment 80-125, transferring funds from Fuels and
Lubricants to Repair and Maintenance-Vehicles to cover cost of unanticipated
..
repairs of aircraft, be aaopted in the amount of $5.000.
DOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORXD^
B lJ D GET
A MEN D MEN T
!iV ncquircs Board Approval
, D Do'e's' Not Require Board 1\pprova).
(transfer Hi thin object code ,rang'e)
FUND INTERNA'~ ,SERYICES
. DEP~r.' HE~I<;q~'1!~R
DESCRIPTION:
\
,
Transfer of funds from ~ue1s and Lubricants because of decreasea
operations, to R & M - Vehicles - County Staff to cover cost of
unanticipated repairs.of aircraft.
TO (Increase):
R & M - Vehicles - County
501-591-1-13-99-060-466
~
$ 5,000
FROM (Source of Funds):
Fuels & Lubricants
501-591-1-13-99-060-521
$ 5, 000
Ii
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COllnt~,iJ.t:}i:fJ/Di'jj Dir. Officer Board of County Co;nm.
l}P):W~ 1 f ).e Approval:
hate: .... '-Po .~.) Date: July 8, .1980 '
DISTIUIlUTION: . -D lloi.lrcl necord!; (Originill)
. D Piscal Officer
D Depilrtment(s) 1\ff(,ctc(l
DUDGET lImc':i).
No.80-l25
, .n lIccounting Dcpilrt.ment
D purchasinn (Equipmenl'. Only)
D nudge\: lInalyst
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8DDK 054 PACE -69
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July 8, 1980
'BOO~ 054 r~GE 70
BUDGET AMEN0I1EUT 80-126 APPROPRIATING DONATIONS kECEIVED RE YOUTH GUIDANCE -
ADOPTED IN THE AMOUNT OF $5,311
Commissioner Archer moverl, seconded by Comm1ssioner P1stor and carried
unanimously, that Budget Amendment 80-126, to appropriate donations received
for materials and suppli~s for the .summer camp program being conducted by
Youth Guidance, be adopted in the amount of $5,311,
DOARD OF COUNTY COMMIGDXONERS
COLLIlm COUNTY, lI'LOnI01\
n U D GET
A MEN D MEN T
. & Requires Board Approval
. D Do'e's' Not Require Doard 1\pprovnl
, . . . . <,t,r,a.n.s,f.,e.r ~.,.i.t.h,i,n ~b.jec,t ,cod.e, ~.a.nCJ.a1
FUND
GENERAL:
. DEPT.: , : Y9U'+I~ . GllIDANCE
DESCRIPTION:
To appropriate donations received for materials and supplies for
tlw Sl\mmer camp program beiny conducted by Youth Guidance.
TO (Increase):
Other Machinery & Equipment
Rental of Equipment
Misc. Supplies or Materials
R&M Equip - Contracted
Printing & Reproduction
Insurance
1,10 tor Pool Re imbur semen t
001-523-1-14-32-010-643
001-523-1-14~32-010-441
001-523-1-14-32-010-529
001-523-1-14-32-010-4.63
001-523~1-14-32-010-470
001-523,:1,.14-] 2-0 10-4 50
001-523-1-14-32-010-403
$ 2, 25.0
150
1,521
150
156
90
1,000
'rota 1
$ 5,311
~ROM (Source of Funds):
Donations
001-1-14-32-010-366.153
$ 5,311 . ,
'c' ' I
DUDGWr J\l-lE~J),: '
FiscaJ O~[ 'ic~1 Board of County Comm.
Appr aI, ~ Approval:
Oate ."'1' .--f'" Dnte: . July 8. 1980 No. 80-126
DIS'j'lUnUTloN, ' 'D BOllnl Hecorus {Original} "0 1\ccounting Depart.ment
D Jo'iscill Officer D l'urchilsing (Equip;nenl', Only)
L:7 ncp~rtment{s) ^ffectcd L:7 nudget ^nalyst
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@ nCCjuires Doard 1\pprovnl . D DO'e's' Not Require Donrd 1\pprovlll
. . . . . , .. .,., . , . . C.t.r.a.n.s.f.,e;: ,~i.t.h,i.n ?b.jec.t .code raf1ge)
BUDGET AMENDMENT 80-127 TRANSFERR!NG FUNDS TO TIGER TAIl. BEACH DEVELOPMENT
PROJECT (PARKS & RECREATION) - ADOPTED IN TIlE AMOUNT OF $41,320
Following brief explanation by Fiscal Officer Hall. Commissioner Arche~
.
moved, seconded by Commissioner Wimer and unanimously carried, that Budget
Amendment 80-127, transferring funds from Cont1ngenci~s to Improvements
Other Than Buildings for the Tiger Tail 1each Park development, Parks and
R~creation Department, be adopted in the amount'of $41,320.
n01\Hn OF COUi~TY CONt1ISSIOmmS
COLLIER COUNTY, l!LOIUD1\
BUD GET
^ MEN D M [ N T
FUND Cl\PI7'AL', IMPROVEMENT T~UST .19i 7. DEPT.' . . '~1\~~S ."ND RE:CREAT.ION
DESCRIP'.PION:
\
\
.Trnnsfer of funds from Contingencies to Improvements Other
Than Buildings for Tiger Tail Beach Park development. Transfer
::'s for matching funds needed to develop the facility.
'1'0 (Increase):
Improvement Other than Buildings
302-572-1-15-87-010-630 $
FROM (Source of Funds):
Contingencies
30i-519-l-00-05-010-990 $
county ~'9r Div. ir. l~iscill Of~:[.' cJr Bonnl of County Comm.
1\(0rW' J: Apor i1: 1\poT.ovill:
;I .., ..
. D
.!!~~~.~.1::},'.-:,tD__. Dilt , :v Date: July 8,. 1980 .
IJISTflIIJU1'ION: ; 'D \.lourcl RP.C:o,:cl5 (0 igin..l)
D l'iscnl oeb.eel:'
L:7 Depilrtment(5) Affected
. 'il lIccollnting Dcpilrt.r.l~mt
D purchllning (Equiprnenl. Only)
D nudget lInalyst
... 8;~~ . 054 ~i\G; -71
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41,320 :
'"
nUDGET MIE;';;;., ~
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No. 80-127 1
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July 8, 1980
eoox 054 fACE 7'2.
BOARD APPROVES 18~~ PER MILE TRAVEL ALLOWANCE PURSUANT TO AUDITOR GENERAL'S
STANDARDS
Fiscal Officer Harold Hall explained that since the Internal Revenue
Service allows 18~~ per mile travel allowance, the Auditor General's office
has advised that this figure shoula be adopted rather than the 19t which was
previously provided for in the Statute, commenting that it was the IRS rate
that was intended for inclusion in the Statute.
Commissioner Archer moved, seconded by Commissioner Pistor and unani-
mously carried, that the County adopt 18~~ per mile travel allowance, pursuant
to the Auditor General's standards.
BCC APPROVES REVISED BUDGET SCHEDULE FOR FY 80-81, PURSUANT TO FISCAL OFFICER'S
RECOMMENDATIONS
For discussion purposes, Commissioner Archer moved, seconded by Com-
missioner ~istor, that the Revised Budget Schedule for FY 80-81, as presented
by Fiscal Officer Harold Hall, be approved,
Mr, Hall explained that the TRIM Bill provides for many changes, the major
chdnge being the method of advertising the budget, and, also, a completely
new budget schedule, He said that all taxing authorities in the County will
o~erate on a similar related schedule, noting that the Board will not operate
on its own schedule as in the past, He said that, due to the GO-day extension
ohtainf'rl hy the Property Appraiser and also the upcoming vote on the Homestead
Exemption, the final budget cannot be adopted until November or early in
December of 1980, Preceding that, Mr. Hall continued, one of the activities will
be to re-adopt the 78-79 Budget in order to have a legal basis on which to
operate in the early months of the new Fiscal Year until the revised budget is
approved. The details will be worked out by staff, said Mr. Hall, as to how
to Jperate effectively in the October-November period, and brought back to the
GOdrd at a later time, The schedule proposed will be followed, he continued,
unless the period can be shortened by the Property Appraiser, in which case the
budget could be approved early in November.
Upon call for the question, the motion carried 'unanimously.
Mr, Hall added that the approval of the Sheriff's Budget is scheduled
for July 29, 1980 and offered the assistance of th~ Clerk's Office in the
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event the Commissioners are in"need of additional information regarding the
budget.
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July 8, I I
RESOLUTION 80-127 ESTADLISH1NG CHARTER COMMISSION - ADOPTEDj BCC APPROVES
RECOMMENDATIONS FOR APPOINTMENTS OF REGULAR AND ALTERNATE MEMBERS TO COM-
MISSION, AS SUBMITTED BY SELECTroN COMMITTEE
County Attorney Pickworth read the proposed. resolution for the establish-
ment of a Charter Commission, pursuant to Chapter 125-Part II of the Florida
.
Statutes, to establ i.sh a County Home Rule Charter. "
Prior to the adoption of the resolution. Mr. Lyle Richardson, Chairman
, ,
of the Charter Commission Screening Committee, was called upon to provide the
Board with their recommendations for appointment to the Commission, and
for inclusion in the resolution. Mr. Richardson listed the following names
of persons who have been interviewed as candidates and represent the recommended nom;n'~o
1. Robel'l H. Zimmerman
2. J, Barrett White
3, Thomas R. Peek
4. Timothy G. Hains
5. Bruce Shannon
6. Marjorie Joder
7, Dwight Will iams
8. John Briggs
9. William McGrath
10. Lou Capek
11. Paul Mattis
12. Lance Hooks
13. Richard J. Baker
14. Ross Obley
15. Lyle Richardson
Cummissioner Wimer moved, seconded by Commissioner Brown and unanimously
carried, that the above-listed individuals be appointed as Regular Hembers
to the Charter Commission.
It was suggested, said Mr. Richardson, that five individuals be piCked
as Alternate Members in the event that one or more of the Regular Members,
for some reason, cannot continue to serve. He provided the Board with the
following recommendations for Alternate Membership:
1. John Steinwand
2. Gilbert Weil
3. Leigh Plummer
4. Earle Davis
5. Karl Corley
Discussion followed concerning the order in which the Alternates are
to be appointed, when necessary, with Attorney Pickworth requesting that such
appointment be clearly defined in the resolution, It was pointed out by Mr,
Richardson that there are 8 Regular Members representing the County and 7
Regular Members representing the City. The list of Alternates were aligned,
as follows:
MOK 054 PAGE 73
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BOOK
05"4 PACE 71-
July a. 19ao
COUNTY ALTERNATES
1. Leigh Plummer
2. Karl Corley
3. Earle Davis
CITY ALTERNATES
1. John Steinwand
2. Gilbert Weil
To clarify, Attorney Pickworth said that, if a vacancy is created by a
City resident, the Alternate from' the City would be appointed, and, if by
a County resident, the Alternate from the County would be appointed, in
the order listed above.
Commissioner Archer moved, seconded by Commissioner Brown and
unanimously carried, that the recommendations for Alternate Members be
approved, as submitted by the Screening Committee, and that their appointment
to Kegular Membership be made following the procedure suggested by Attorney
Pickworth.
It was the consensus of the Board, with Mr. Richardson concurring, that
the Alternates should attend all meetings, participate and remain current and
knowledgeable; however, they will not be able to vote. Mr. Richardson added
that the Alternates will be welcome to provide input during the drafting of
the Charter,
Con~issioner Wi~er moved, seconded by Commissioner Archer and unanimously
carried, that Resolution 80-127, Appointing a Charter Commissioner, be
adopted.
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July 8, 1980
APPEAL BY MS, MARVETTA SHAW FOR RECONSIDERATION OF BCC DECISION RE KEEPING
OF CHICKENS IN RESIDENTIAL AREA - NO ACTION TAKEN PENDING REVIEW AND
CLARIFICATION OF PERTINENT ZONING O~DINANCE
County Manager C, William Norman reported that Ms. Marvetta Shaw con-
.
ferred with him recently indicating that she had circuJated a petition
call ing for a change in the Zoning Ordinance which w(H;ld permit the keep-
ing of up to four chicken's as pets. Hn e~plaine~ lhdL Llib Is not Cl direct
appeal for a reversal of the Board's decision denying her administrative
appeal on the same subject and said that a policy is being implemented
this date, for items pertaining to matters which individual'> \-tished to hav'e
the Board give further consideration where the Board has alrc~dy made a
decision, to have such matters handled through the r~isceIIJrlp.ous Correspon-
dence portion of the agenda, Mr. Norman said that he does not believe that
the staff is recomm~nding what she is requesting; however, he noted that
she was in attendance and would like'to address the Board,
To further clarify, Commissioner Wimer said that Ms. Shaw had been in
his of~ice after the Board denied her formal appeal requesting further direc-
tion and that he told her that she must comply with the law and that if she
disagrees with the law to try to get it changed. He said that the petitions
are the result of her efforts in this regard,
Ms, Shaw noted that altogether therc arc 6BB names on the petitions, which
were filed for the record, and which she said represents the feeling of the
people of Naples not so much to have chickcns as pets but for the privilege
of having the right to keep a pet of their choice. She said that the petition
asks the Board of County Commissioners to amend the ordinance to permit the
keeping of four chickens or other fowl in a residential area provided certain
conditions are met such as prohibiting the keeping of rooster~. She reiterated
statements made during her original appeal with regard to the fact that keeping
chickens is not a health hazard nor does it ~nn~titute a noisy nuisance. when
compared to other allowable pets. Ms. Shaw stated her belief that, because
her choice of a pet does not meet certain standards of what a pet is supposed
to look like, it is discriminatory and unfair.
During the discussion which follo":ed, it was pointed out that poultry
is considered to be a farm animal, the keeping of same is a violation of the
County Ordinance. anrl permitting it would set a precedent for the keeping of
various types of animals which could be detrimental in residential areas.
BOOK 054 PAGE 77
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July 8, 1980
.' BOO~ 054 PAGE 78
Conmissioner Wimer asked what pets are permitted under the current
ordinance with Zoning Director Jeffory Perry explaining that one of the
reasons Ms. Shaw's appeal came to the Board is because his staff felt that
the ordinance was not clear-cut in this regard. Commissioner Wimer suggested
that the ordinance needs clarification and expressed the desire to have the
stuff review it with an open mind and to come up with improvements. A further
~lI9gestion made by the COIrmissioner was to permit certain areas, if they so
desired, to keep such pets, if such a suggestion is a viable one.
Commissioner Wimer moved, seconded by Commissioner Brown, that the staff
and the CAPC be directed to review the pertinent ordinance and to approach the
Board with suggested revisions for consideration.
Community Dev~lopment Administrator Virta voiced his agreement with
Commissioner Wimer in that there is a need for the ordinance to be clarified
in order for cases such as the one under discussion to be handled administra-
lively; however, he said that he "leans toward" tightening-up the ordinance
definitions as opposed to widening the scope of the definitions. It was
pointed out that for the staff to administratively act on such matters, the
ordinance would have to be amended,
Regarding the action to be takell with regard to Ms. Shaw's app~al, it
was Commissioner Archer's suggestion that the Zoning Director be directed
not to take ary further action since on appeal has been filed and revisions to
the ordinance are under consideration,
Respondirlg to Ms. Shaw's allegations that other such violations are
being ignored, Commissioner Archer replied that if she can show proof of such
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violation she should make the County Manager aware of them.
Upon call for the question, thr. motion carried unanimously.
Bce APPROVES RECOMMENDATION FOR LEAVE or ABSENCE FOR BUILDING MAINTENANCE
[HPLOYEE (NA1iCY KICKLIGHTER) FRm1 6!3Jl.L?O TO 9/1/80
Commissioner Archer moved, seconded by Commissio'1er Pistor and unani-
mously carried, that the request for leave of absence for Building Maintenance
employee Nancy Kickl ighter, from June 30, 1980 until September 1, 1980, be
approved, as reconrnended by Maintenance Supervisor Raines and County Manager
Norman.
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July 8, l~
LAKE TRAFFORD MEMORIAL GARDENS CEMETERY DEEDS NOS. 225. 226 AND 227 - FILED
FOR THE RECORD FOLLOWING RECORDAlION
Commissioner Archer moved, seCbnded by Commissioner Brown and unanimouslY
.
carl'ied, that Lake Trafford Memorial Gardens Cemetery Deeds Nos. 225, 226 and
227 be accept~d a~d filed for the record. following recordation.
"
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BOOK 054 rAGE 79
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July 8,[-_-_J
CHAiRMAN AUTHORIZED TO SIGN CER~IFICATES FOR CORRECTION TO 1979 TAX ROLLS
Commissioner Archer moved, seconded by Commissioner Brown and unani-
mously carried, that the Chairman be authorized to sign the following Cer-
tifi~ates for Correction to the 1979 Tax Rolls:
~
TANGIBLE PERSONAL PROPERTY
NOS.
581-599
601-604
1979-203-206
DATED
6/11-6/12180
6/23-6/24/80
6/9-6/12/80
REQUEST FOR A VlAIVER OF TINE LIMIT ON REFILING OF REZONING APPLICATIONS FOR
I'ROrERT I ES OWNED BY CRAI G '.lEFFERT, PRESENTED BY PETITIONER'S REPRESENTATIVE -
NO ACTION DEEMED NECE5~ARY
Mr. Wafaa Assaad, of Wilson, Miller, Barton, 5011 & Peek, Inc., appeared
before the Board to request a waiver of the time limits on rezoning applica-
tions for properties owned by his client, Craig Meffert. He said that it is
Mr, Meffert's intent to file for a Planned Unit Development zoning as soon as
the waiver request is approved. which he said will reduce and/or eliminate
most of the objectives which were raised when the original rezoning petition
was heard and subsequently denied. There was some discussion ~ith regard to
whether or not such action was taken without prejudice with Mr. Assaad advising
that a check of the records shows that the minutes of the Board meeting wherein
the subject action was taken do not reflect "no prejudice" in the motion for
denial,
When requested to comment, Community Development Administrator Terry Virta
said that from a Planning Department standpoint there would be no objection to
granting a waiver of the one-year waiting period for refiling an application;
however, the objections of the surrounding residents is a factor which must be
considered since it was on this basis that the rezoning was denied. He pOinted
out that the Planning staff supported the original petition, and, in his
opinion, would probably continue their support.
Mr. Assaad observed that it has been approximately six months since the
petition was denied and that there will be another five or six months before
the new petition would come before the Board for a final hearing - a total
of nine month5 which i5 vcry clo5c to the intent of the one-year w~iting
period provided for in the pertinent ordinance.
BOOK 054 PACE 83
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July 8, 1980
At this point Mr. Virta read the particular provisions in the Zoning
Ordinance pertaining to the refiling of rezoning requests, as well as the
provisions for waiving the time limitations, as contained therein, as follows:
Whenever the Board has denied an application for the rezoning of
property, the Planning Commission shall not thereafter consider
any further application for the same rezoning or any part of all
the property for a period of twelve months from the date of such
action; or to consider an application for any other kind of rezon-
ing or any part or all of the same for a period of six months from
the date of such action.
Waiver of Time Limit - The time limits of Sub-Section 9-B (as con-
tained above) may be waived by three affirmative votes of the Board
when such action is deemed necessary to prevent injustice, or to
facilitate the proper development of Collier County.
Commissioner Pis tor moved, seconded by Commissioner Archer, that the
six-month waiting condition be waived, and permit the applicant to proceed
with a rezoning request for a Planned Unit Development on the properties
owned by Craig Meffert, said property being a portion of Myrtle Cove Acres,
located south of U,S. 41.
In view of the fact that, instead of a 12-month waiting period required, the
petition can be filed at the end of six months, it was suggested by Commissioner
Wimer that, perhaps, a waiver was not needed.
Commissioner Pistor withdrew his motion, and Commissioner Archer his
seconding thereof.
MISCELLANEOUS CORRESPONDENCE - FILED AND/OR REFERRED
There being no ohjection, the Chair directed tl',<lt the following correspon-
dence be filed and/or referred to the various departments, as indicated:
1. Memorandum dated June 18, 1980 from County Health Officer
Will iam W. Cox transl"itting Reports on Monitoring, Studies
of Naples Bay by the Collier County Conservancy - xc Planning
Department; and filed,
2. Copy of News Release for Health Notes, Naples gay Monitoring
Studies, received June 26. 1980 from John H, Sterhp.ns,
Director, Environmental Heal th Section - filed,
3. Letter dated June 20, 1980 from U. S. Senator Stone reciting his
activities in legislation affecting the health and welfare of
elderly Americ~ns - filed.
4. Letter dated June 25, 1980 from John C. Glenn, Acting Chief.
Bureau of Industrial Safety and Health, Division of Labor and
Employment Security (Florirl~) re submitt~l of proposed program
re Workers' Compens~ion Insurance - xc Fiscal Officer; and filed.
5. Letter dated July 3, 1980 from Egon Hill, ~iaison to the Area
Agency on Aging, re Construction of a Senior Citizen Center in
the Naples area - xc 'ounty Manager; and filed.
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6. Copy of letter dated May 9, 1980 from George H. Gwin, Area Super-
visor, Bureau of Plant,Inspectfon, Florida Department of Agriculture,
to Harry Hubschman (The Glades) responding to Mr. Hubschman's
telephone inquiry re Lethal Yellowing - filed.
7. Letter dated June 16, 1980 from C. ~. ~mith, President, Goodland Civic
Assoc., addressed to County Manager, re Goodland Water District, and
transmitting copy of petition opposin~ the District unless certain
conditions are met - xc to Mr. Oerzon 6/17/86; and filed,
8, Letter dated 6/19/80 from Attorney Hugh Paul Nuckolls re legislation
regarding liquo, quota licenses - filed.
9, Copy of letter dated June 30, 1980 from Cecil E. Smith, President,
Goodland Civic Association, to Utilities Division Director, re
verification of proposed water rates for Goodland Water District _
f 11 ed ,
10. Letter dated June 30, 1980 from Mrs. M. E, Beccard complimenting the
staff of the Airport Road MVI for their efficiency, courteousness and
for being acconlllodating - xc Personnel Department; and filed.
II, Letter dated June 22, 1980 from William F. Bledsoe to Fred Keyes,
CAPC, respondi ng to Mr. Keyes' reques t for resume with regard to
membership on CAPC - filed.
12, Letter dated June 7, 1980 from Joyce Hancotte requestim, "',~sideration
for membership on CAPC, representing District 5, and ii~ting qualifica-
tions, etc, - xc Chairman - CAPC, and Director of Community Development;
and fil ed,
13, Copy of letter dated June 30, 1980 from Charles A. Stokes, ScD.,
r,E" to Editor, NJplc5 Daily NCW5, rC5ponding to publi5hed Letter
to the Editor by George DeForest - xc Planning Department; and filed.
14. Memorandum No, 80-29 from State Division of Retirement dated June 23,
1980 Rescinding Memoranda 80-25 and 80-26 re Social Security Deposits _
xc Fiscal Officer 6/30/80; and filed.
15. Letter dated June 25, 1980 from Credit Department, General ~lotors
Acceptance Corporation, requesting verification re purchase of two
County vehicles - xc Fiscal Officer; and filed.
16, Memorandum dated June 24, 1980 from Department of Community Affairs,
Division of Local Resource Management, re Compensation of County
Officials, Chapter 145, FS - xc Fiscal Officer; and filed,
17, Notice dated June 25, 1980 from Corps of Engineers, Department of
the Army, re Draft Environmental Impact Statement on Permit Applica-
tion 80K-0030 for Golden Gate Estates project - filed.
18. Notice received July 1, 1980 re FOOT hearing to be held July 21,
1980 in Tallahassee with regard to Railroad Speed Limits - filed.
19. Bulletin dated June 23, 1980 from Department of Community Affairs
re Notice of Funds Available to Local Governments through The
Florida Financial Assistance for Community Services Act of 1974 -
xc County Manager; and filed.
20. Notice dated June 20, 1980 from Florida Association of County Welfare
Executives re distribution of copies of Collier County Ordinance 80-89
regarding opposition to expansion of Medicaid Program - filed.
21, Mailgram dated June 27, 1980 from H. Morrises opposing Petition
R-80-1B-C - filed.
BO:J~ 054 PACE 85
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BOOK 054 PAGE 86
July 8, 1980
22. Copy of Minutes of Regular Meeting of the Naples City Council held
June 4, 1980 - filed.
23. Agenda of Big Cypress Basin Board of SFWMD meeting to be held
June 27, 1980 - filed.
24. Notice of cancellation of FDER hearings re Docket Nos. 79-1R, 79-2R,
and 79-3R scheduled to be heard June 25, 1980 - xc Utilities Division
Director; and filed.
25. Notice received June 17, 1980 re Emergency Rule 14ER80-3 amending
Rule 14-13.12 re Vegetation Management at Advertising Display -
xc County Manager, and Zoning Director June 1B, 1980; and filed.
26, PSC Notice issued June 16, 1980 re Order Granting Extension of
Certificate and Order to Show Cause with regard to Docket No.
800035-CCT (EX) Application of Severance Truck Line, Inc., for
extension of Certificate No. 557 - filed.
27. Request received June 23, 1980 from United States Central Under-
writers Agency, Inc. for inclusion in list of recipients of Bid
Specifications - xc Fiscal Officer, and Risk Management Coordinator;
and fil ed.
28. Copy of letter dated June 17, 1980 from Henry T. Vinson, Florida
Society of Professional Land Surveyors, to Jack Van Norman respond-
ing to letter requesting to be added to list to receive the Manual
of Practice - xc County Manager, County Engineer; and filed.
29. Let"er dated June 6. 1980 from U. S. Senator Lawton Chil2s respond-
ing to recent letter from Chairman Wenzel exprcssing concern about
continuation of the food stamp program - filed.
30. Notice received June 20, 1980 from FDNR re Permit for Construction
Ot' other activities seaward of CCCl (79-P-49 Time Extension) re
Wiggins Pass State Park - xc Planning Department; and filed.
31, Letter dated June 16, 1980 from Congressman Bafalis r~sponding
to BCC letter expressing opposition to H. R. 5200 - filed.
37. Copy of Memorandum dated June 19, 1980 from County Manager to Fiscal
Officer re Agreement w/Sheriff regarding Responsibility for Stockade,
and transmitting copy of letter dated June 18, 1980 from Sheriff
Rogers to County Manager confirming agreement - filed.
33. Notice of Dismissal transmitted by Assistant U. S. Attorney re
Case No, 80-600-CIV-Wm, Tract No, 939-37 re USA vs. County and
Faustina C. Medved - filed.
34. Report dated June 16, 1980 from Lee County Electric Cooperative, Inc.
re Immokalee Lighting District for month of May, 1980 - xc County
Engineer June 18, 1980; and filed.
35. notice dated ,Junr. 16, 1980 from Natiolla1 P~rk Service, U, S. Depart-
ment of Illterior, of hearings to be held re Environmental Assessment
011 alternatives for Big Cypress National Preserve, et al - xc
Planning Oepartment; and filed.
36, Letter dated June 17, 1980 from Robert F. Widmer, Bureau of Self-
Insurance, Fla, Department of Labor and Employment Security, trans-
mitting report of examination of books and records re County's
Workers' Compensation Self-Tnsurance Privilege - xc Fiscal Officer,
and County Managcr J~ne 20, 1980; and filed~
37. Letter dated June 10, 1980 from National Electrical Manufacturers
Association re traffic controls and transmitting brochure - xc
of letter and orochur~ to County Engineer; Original letter filed.
38. Memo dated June 24. lY~U trom ~xecutive Director, Area Agency on
Aging transmitting Needs Assessment questionnaire for completion -
xc Social Services Director; and f.iled.
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39. Notice dated June 20. 1980 from U.S. EPA re Innovative/Alternative
Wastewater Treatment T~hnology Program - xc Utilities Division
Director; and filed.
40. Memorandum dated June 18, 1980 from U. S. Department of Commerce
stated that material for 1980 Decennial Census Local Review Program
have been mailed - xc Planner Tom McD~iel on 6/24/80; and filed.
41. Notice received June 30, 1980 from Office of~he Governor re Grants
FY '80 Projects of Statewide Significance - filed.
42, Copy of letter dated June 17,1980 from'United Brotherhood of
Carpenters and Joiners of America to Better Business Division re
dissatisfaction with Yahl Brothers Disposal. Service - xc County
Engineer, and County Manager; and filed.
~3. Copy of petitions (2) dated June 10, 1980 in support of Marvetta
Shaw's request to be permitted to keep chickens in residential
area - fi led. (Heard July 8, 1980)
'1<1. Copy of minut.es of May 27. 1980 meeting of the Golden Gate Community
Center Advi sory Committee - f11 ed,
~5, Departmental Reports for May, 1980, as follows: (Filed)
a. Building Department (2)
b. Building Maintenance
c. Golden Gate Fire Department
d. Purchasing Department
46, Environmental Assessment dated May 1980 for Big Cypress National
Preserve/Florida - filed.
47, Various issues of Journal of the Senate, and rhe Journal of the
House of Representatives - filed.
RESIGNATION OF JOSEPH FERNANDEZ FROM PELICAN BAY IMPROVEMENT DISTRICT _
ACCEPTED; APPROPRIATE LETTER AND CERTIFICATE OF APPRECIATION TO BE PREPARED;
STANLEY BROOKS APPOINTED TO FILL UNEXPIRED TERM OF MR. FERNANDEZ
Conrnissioner Archer advised that the appointee to the Pelican Bay
Improvement District from his Commission District, Joseph Fernandez,
has tendered his resignation by letter dated June 11, 1980. Commissioner
Archer noted that he has contacted a gentleman who has offered and is
willing to serve on the subject District, Stanley Brooks, noting that Mr,
Brooks is not from his Commission District but is moving into the P~lican
Bay District shortly.
Commissioner Archer moved, seconded by Commissioner Brown and carried
unani~ously, that the resignation of Mr. Fernandez from the Pelican Bay
Improvement District be accepted; that an appropriate letter and certificate
of appreciation for his service be prepared; and that Mr. Stanley Brooks be
appointed to complete the unexpired term of Mr. Fernandez.
aoOK 054 PACE &7
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BOO~ 054 PAGE 8S
NOTIFICATION OF GRANT PERIOD EXTENSION (GRANT NO. JF-80-09-7601) RE NAPLES
WILDERNESS ALTERNATIVE PROGRAM - RECEIVED AND FILED FOR THE RECORD
Grant Adjustment Notice (Adjustment No.3), Naples Wilderness Altp.rnat.ivp.
Program (Grant No. JF-80-09-7601), extending the subgrant period through
August 31, 1980, with condition, w~s received and filed for the record,
copies of same provided to the Fiscal Officer and to the Project Director.
NOTIFICATION OF SPECIAL CONDITION CO~lPLIANCE AND GRANT NUMBER CHANGE RE
YOUTH GUIDANCE VOLUNTEER PROGRAM (GRANT NO. 79-AD-09-FF02) - RECEIVED AND
FILED FOR THE RECORD
Grant Adjustment Notice No.2, Special Condition Compliance and Grant
Number Change, re Youth Guidance Volunteer Program (Assistant Director) was
received and filed for the record, Grant number being changed from 79-AD-09-FF02
to CF-79-09-7fi02. Copies of same provided to the Fiscal Officer and to t:.t:
Project Director,
There being no further business for the good of the County, the meeting
was adjourned by order of the Chair - Time: 3:30 P.M,
BOARD OF COUNTY COMMISSIONERS/EX
OFFICIO GOVERNING BOARD(S) OF SPECIAL
DISTRICTS UNDER ITS CONTROL
~~
ATTEST:
WI LU AM J. REAGAN, CLERK
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