BCC Minutes 01/30/1979 R
Naples, Florida, January 30. 1979
LET IT BE REMEMBERED. that the Board of County Commissioners in and
for the County of Collier. and also acting as the Governing Board(s) of
such special districts as have been created according to law and having
conducted business herein. met on this date at 9:00 A.M. in Regular
Session in Building "F" of the Courthouse Complex with the following
members present:
CHAIRMAN: David C. Brown
VICE-CHAIRMAN: Clifford Wenzel
John A. Pistor
C. R. "Russ" Wimer
Thomas P. Archer
ALSO PRESENT: William J. Reagan. Clerk; Harold L. Hall. Chief Deputy
Clerk/Fiscal Officer; Edna Brenneman and Debbie Pantano (3:35 P.M.). Deputy
Clerks~ C. William Norman, County Manager; Donald A. Pickworth. County
Attorney; Irving Berzon, Utility Director; Clifford Barksdale. County
Engineer; Mary Morgan. Administrative Aide to the Board; and Deputy Chief
Raymond B~rnett, Sheriff's Department.
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BOARD OF COUNTY COMMISSIONERS
FINAL AGENDA
January 30, 1979
REQUESTS TO ADDRESS THE BOARD OF COUNTY COMMISSIONERS, ~mICH
ARE NOT ON THI S AGENDA, WI LL BE HEARD AT 11: 00 A. M. UNDER
"PUBLIC PETITIONS".
1. INVOCATION
2. PLEDGE OF J.r :-.EGIANCE
3. APPROVAL OF AGENDA
4.
APPROVAL OF MINUTES:
January 9 and January 16, 1979
5. PROCLAMATIONS AND PRESENTATIONS OF AWARDS
A. Service Awards
(1) Andrew Demand
(2) Arturo Herrera
(3) C.l:(de McFry
(4) LU1S Rosado
(5) Edna Santa
6. SOCIAL SERVICES
5 years
5 years
5 years
5 years
20 years
&0011 045 'A'E312
BOOK 045 PACt 315
January 30, 1979
AGENDA - APPROVED WITH ADDITIONS
Commissioner Wenzel moved, seconded by Commissioner Archer and carried
unanimou~ly 5/0 that the agenda be approved with the following additions:
1. Discussion of ~larco Island Utility purchase - Added to Workshop
Agenda.
2. Discussion of installation of traffic signalization at Vanderbilt
Beach Road and U.S. 41 intersection. and at the Collier Boulevard
and Barfield Avenue intersection - Added to Workshop Agenda.
3. Approval of cost allocation for CETA Grants - Added to Clerk's
Report - Regular Session.
MINUTES OF JANUARY 9, 1979 - APPROVED SUBJECT TO INSERTION OF VERBATIM TRANSCRIPT
OF PORTION OF "1EETING; MINUTES OF JANUARY 16. 1979 - APPROVED AS PRESENTED
Commissioner Wimer moved. seconded by Commissioner Wenzel that the minutes
of the January 9 and 16, 1979 meetings be approved.
Commissioner Archer requested that a verbatim transcript of a portion of
the item with regard to Commissioner Wimer's Excavation Permits be included in
the minutes of the meeting of January 9. 1979 to provide additional clarity to
the action taken by the Board.
Commissioner Wimer restated his motion to move that the minutes of the
meetings of January 9 and 16. 1979 be approved as corrected by Co~nissioner
Archer. The motion was again seconded by Commissioner Wenzel and carried
unanimously 5/0.
FIVE-YEAR SERVICE AWARDS PRESENTED TO NESSRS. DEMAND. HERRERA. MC FRY. AND
ROSADOi 11/ENTY-YEAR SERVICE AWARD PRESENTED TO ELECTIONS SUPERVISOR EDNA
SANTA
Follow1l1g , 'q reading of same. Chairman Brown presented the following
, Service Awards:
1. Andrew Demand - 5 years
2. Arturo Herrera - 5 years
3. Clyde McFry - 5 years
4. Luis Rosado - 5 years
5. Edna Santa - 20 years
The recipients of the Awards were present to receive the certificates
together with the appreciation of the Board of County Commissioners.
ullllUlll",y JUt J.':JI ':J
SUPPLEMENTAL BUDGET NO. 1 FOR FISCAL YEAR 78-79 . ADOPTED
Legal noti ~ having been published in the Naples Daily News on January
22, 1979 as evidenced by Affidavit of Publication filed with the Clerk.
public hearing was opened to consider requQsts or complaints regarding a
proposed Supplementary Budget for the Fiscal Year 197B-1979.
Fiscal Officer Harold Hall explained that the budget carries fan'/ard
monies budgeted but not spent for road projects scheduled and budgeted
for in the 1977-78 Fiscal Year which are still to be completed and paid
for.
following County Manager Norman's advice that there were no persons
registered to address the mattert Commissioner Wimer moved. seconded by
Commissioner Pistor and carried unanimously 5/0. t~at the public hearing
be closed.
Commi~sioner Pistor moved. seconded by Commissioner Wenzel and carried
unanimously 5/0, that Supplemental Budget No. 1 for Fiscal Year 197~-79
be adopted.
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January 30. 1979
CHAIRMAN AUTHORIZED TO SIGN DER APPLICATION FOR PERMIT TO OPERATE YARD TRASH
AIID CONSTRUCTION DEBRIS DISPOSAL SITE AT CARNESTOWN TRANSFER STATION
County Engineer Barksdale explained that. as a result of an inspection
by the Department of Environmental RegUlation. the.DER has requested that the
County obtain a permit to dispose of yard trash and construction debris at
the Carnestown Transfer site. He said that all of the necessary application
forms and supporting documents have been prepared for submission to the DER
following Board authorization to do so.
Commissioner Archer moved. seconded by Commissioner Pistor and carried
unanimously 5/0. that the Chairman be authorized to sign the Department of
Environmental Regulation application for a permit to dispose of yard trash
and construction debris at the Carnestown Transfer site.
In response to questions from the pUblic in attendance. Mr. Barksdale
reviewed the existing policy whereby a permit is issued authorizing entrance
to the Landfill site at Golden Gate for disposal of debris which cannot be
handled by the equipment at the Airport facility.
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&OOK 045 PAC2318
aOOK U4b PAGF 825
January 30. 1979
FINAL ACCEPTANCE OF RIVIERA COLONY GOLF ESTATES UNIT 1 AND RELEASE OF $90.000
MAINTENANCE BOND RE SAME . APPROVED
County Engineer Clifford Barksdale explained that Riviera Colony Golf
Estates Unit 1 was granted Initial Acceptance by the Board on November 5.
1974 and posted a one-year Maintenance Bond 1n'the amount of $90.000. He
said that the County Engineering Department has inspected the road and
drainage facilities and has found them to be in a satisfactory condition.
Conm1ssioner Wimer moved, seconded by Commissioner Archer and carried
un~nimously 5/0, that the Board approvo the Final Acceptance of Riviera
Colony Golf Estates Unit 1 and the release of the $90,000 Maintenance Bond
posted.
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January 30, 1979
CHAIRMAN AUTHORIZED TO EXECUTE AQUATIC PLANT CONTROL AGREEMENT WITH DNR FOR
THE USE OF STATE MATCHING FUNDS IN THE AOUATIC PLANT CONTROL PROGRAM ..
County Engineer Clifford Barksdale explained that when the budget for the
Aquatic Plant Control Program for FY 78-79 was prepared it was estimated that
the County would spend $165,000 for the program. The Agreement being presented.
said Mr. Barksdale, is to agree that the County will spend this amount in
order to receive State matching funds in the amount of apprOXimately $50,000.
Commissioner Pistor moved, seconded by Commissioner Wimer and unanimously
carried 5/0, that the Chairman be authorized to execute the Aquatic Plant
Control Agreement with the State of Florida Department of Natural Resources.
as recommended by staff.
Fiscal Officer Harold Hall stated that appropriate budget amendments will bE
prepared to reflect the contract provisions.
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aDDK 045 PACE328
January 30. 1979
REQUEST BY CITY OF EVERGLADES TO OPERATE CETA PROJECT - APPROVED
Following brief explanation by County Manager Norman of the proposal
by the City of Everglades to operate a CETA project, Commissioner Archer
moved, seconded by Commissioner Pistor and unanimously carried 5/0. that
tne request be approved.
Commissioner Wenzel requested that the Board be furnished with a list
of CETA personnel to include where they are assigned and their duties. Mr.
Norman said this information would be provided.
LETTER OF PROTEST TO SPONSORS OF PROPOSED LEGISLATION RE TRANSFER OF FOOD
SERVICE SANITATION FRor~ COUNTY HEALTH DEPARTMENT TO STATE AGENCY TO BE
DRAFTED FOR BOARD REVIEW LATER IN SESSION
Mr. John Stephens. Supervisor of Sanitation - Health Department. advised
that a proposed resolution has been drafted for Board review expressing dis-
pleasure with the erosion of environmental health matters by reaSSigning a
portion of the Department's activities with regard to Food Service Sanitation
from the jl'risdic~tfon of the County to a State agency. Mr. Stephens pointed
out that the State Association of County Co~issioners is backing the Health
Department in opposing the proposed Bill being sponsored by State Senator
Edward Dunn.
Discussion followed concerning the activities of the Sanitation Department.
the control which would be lost by the County if the inspections of certain
food establishments were to be reassigned to the State. the success of the Count)
advisory board in monitoring the various areas of concern, and the like. Followi
the discussion. it was the consensus of the Board that the proposed resolution,
as titled, did not fully address the matter and that a letter to the sponsors
of the proposed legislation would suffice in expresRing the Board's opposition,
whereupon the Chairman directed the staff to prepare a draft of subject letter
for Board review later in the Session.
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January 30. 1979
REQUEST FOR AFTER-THE-FACT EXCAVATION PE~1IT FOR EXCAVATION ACTIVITIES
CARRIED OUT IN SECTIONS 17 AND 20. T51S, R27E - DENIED (IVAN ECKLER)
Utility Director Irving Berzon referred to the Executive Summary re-
garding the request by Mr. Ivan Eckler for after-the-fact Excavation Permit
for the various excavation activities which have been carried out in Sections
17 and 20, Township 51 South. Range 27 East. He said that the Summary provides
a fairly complete background of the particular excavations to be discussed.
Mr. Berzon added to the information provided that the Water Management Advisory
Board at their last meeting reluctantly recommended that the permits be granted
due, in part. to the fact that the matter has "dragged on so long". However,
said Mr. Berzon. the WMAB emphatically did not recommend approval for any
additional excavation work which Mr. Eckler is requesting. It was Mr. Berzon'~
recommendation that, if the Board acts favorably on the request. that the
approval be subject to payment of appropriate permit fees. penalty, and posting
of a Performance Bond in the amount of $16.197.50.
Commi~sioner Pistor advised the Board of his contacts with Mr. Eckler
during which he was told that the petitioner had received permission to dig some
small irrigation ponds from the Agricultural Agent and that he could remove all
of thp. muck he needed from the land. Howe-fer, said the Commissioner, Mr.
lander has denied giving Mr. Eckler this permission. Commissioner Pistor relatec
other portions of his discussions with the petitioner. including the fact that
he (Commissioner Pistor) physically toured the particular properties and viewed
the excavations personally. In summary, he said. reading from various sections
of the pertinent ordinance, that the Board cannot legally issue after-the-fact
permits, suggesting the possibility that the matter might have to be resolved
in the courts.
It was observed by both Commissioners Wenzel and Wimer that the B~ard may
have issued after-the-fact permits in the past to persons who may have mis-
understood the requirements of the ordinance or who may have been unaware of
the existence of such ordinance. CommiSSioner Wenzel further recalled that the
original reason for such ordinance was for safety reasons with a later considerat
being the protection of water-management.
~OOK 045 PA~~336
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January 30. 1979
Nr. Ivan Eckler, petitioner. reviewed the past history of the activities
on his properties since they were purChased in the late Sixties and his intended
use of the land which, he said, was for the purpose of year-round organic
farming. He recalled his conversations with staff personnel. noting that he
was told, prior to the effective date of the pertinent ordinance. that he could
dig irrigation ponds for agriculture but not for lakes. He detailed the
excavation work which was necessary to raise the elevation to the proper height,
the various persons employed by him to perform this work, the amount of fill
taken out, the condition the ponds are in at present regarding side-Slopes,
and the like. He noted that when he applied for permits to excavate the remainder
of his property, that being two lakes near his residence. he was told he could
not continue his activities unt1l permits were received, and, therefore, no
additional work has been done since that time - nearly two years ago.
Conmissioner Wimer moved that the permit be granted and bond posted to
guarantee that "everything will be brought into compliance". The motion died
for lack of a second.
Commenting that the existing ordinance does not provide for such permits,
Commissioner Archer moved, seconded by Commissioner Pistor, that the request
for permit be denied. The motion carried 4/1 with Commissioner Wimer voting
in oppos it ion.
In response to Mr. Eckler's query "What do I do now?", Commissioner Wenzel
suggested that nothing futher be done until amendments to the Excavation Ordinance
are recommended to the Board, following which Mr. Berzon can advise him as to
his further actions.
Mr. Berzon brought to the Board's attention the "real" problem which concern~
th~ WMAB, that being their objection to the activity in the location and the
manner in which it was being done and which will affect drainage of the property.
Suggestions were made to Nr. Eckler, said Mr. Berzon, for alternate methods for
draining the property which Mr. Eckler has willfully failed to consider. Respondil
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to Commissioner Wimer, Mr. Berzon commented that the WMAB is concerned with both
water-management and, also, compliance with the County's ordinance.
January 30, 1979
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RECESS: 10:25 A.M. until 10:35 A.M.
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BOARD AUTHORIZES UTILITY DIRECTOR TO PREPARE FEASIBILITY STUDY AND TENTATIVE
ASSESSMENT ROLL RE PROPOSED SPECIAL PURPOSE WATER DISTRICT - SAN MARCOS BLVD.
Utility Director Irving Berzon reported that a petition has been received
signed by nine property owners, along with other interested parties residing
on or having an interest in the property, along San Marcos Blvd. requesting
that the County make provisions to install and provide central water service
to the area. He said that the petition represents 45S of the total of all
property owners to be affected which, although not the 50S plus 1 figure
provided for in County Ordinance 75-14, there is enough sentiment expressed to
further consider the project. Mr. Berzon noted that a number of letters have
been received from persons objecting to the proposal. as well, adding that
the si tuation i~ nut "clear cut". Responding to Commissioner ~len7el, Mr. Ber;;:ol
said that there is an adequate supply of water in the location to take care
of the request, and recommended that the matter be looked upon favorably.
Concerning cost estimate, Mr. Berzon stated that, based on recent similar
projects, it is expected to be between $10.00 and $12.00 per front foot.
As requested, Mr. Berzon read the list of names on the petition fOllowing
which Mr. Willis Williams expressed concern over the fact that his name was
not included since he had signed the petition, and noted that he had not receiVE
any notice regarding the discussion of the matter to be undertaken this date.
Other possible confusions were noted regarding the petition with Mr. Berzon
apologizing fOl' any oversights which may have occurred. ~l~. Mary Zeigler,
property owner, informed the Board that, although she had signed the petition
for her son, she had not made a telephone call to Mr. Berzon's office expressin~
her son's oppo'sition to the. project, said conversation having been alleged
to ha"e been made by her.
It was Commissioner Archer's suggestion that the staff be directed to
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inquire the landowners,'. 'teel1ngs on the matter since there did appear to be
. AODt 045 tul3S8:'
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January 30. 1979
some contradictions, and to come back to the Board with. standard 'peti~ion
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on the project which should contain the proper percentage of property owners'
names.
Ms. Shirley Hodge, San Marcos Blvd. resident, voiced her approval of
the project, as did Ms. Ethel Mills, also of San Marcos Blvd.
Commissioner Archer moved that the Board authorize Mr. Berzon to have
a feasibility study done and a tentative assessment roll prepared and brought
back to the Board for further action as soon as possible. The motion was
seconded by Commissioner Pistor and carried unanimously 5/0.
NOTE: Petition not received by Clerk's office.
ROUTINE BILLS - APPROVED FOR PAYMENT
Following Fiscal Officer Harold Hall's statement that the btlls being
presented have been processed following established proecdures and that funds
are available, Commissioner Archer moved, seconded by Commissioner Pistor and
unanimously carried 5/0, that the bills be approved for payment as witnessed
by the following warrants issued frOm January 24, 1979 through January 30, 1979:
FUND
BCC Pc1yro 11
County Warrants
WARRANT NOS.
55916 - 56104
003419 - 003714
BOARD AUTHORIZES PARTIAL PAYMENT OF B.I.A. PACKAGE POLICY RENEWAL OF INSURANCE
IN THE AMOUNT OF $100.000; BALANCE DEFERRED PENDING COMPLETION OF FURTHER
REVIEW
Fiscal Officer Harold Hall called the Board's attention to the statement
from Benson Insurance Agency. Inc., in the amount of $130,836.00. covering
renewal of Package Policy CPP396225. He said that portions of the statement
have not been checked out by the insurance consultant and for this reason he
is recommending that the Board approve partial payment of $100,000. and that
the remainder of the bill be deferred pending completion of further review to
determine exact dollar amount.
Commissioner Archer moved, seconded by Commissioner Pistor and carried
unanimously 5/0, that the Board authorize partial payment in the amount of
~Inulry 30. 1979
$100,00, for renewal of Package POlicy of insurance with B.I.A., as recommended
by Mr. Ha 1 1.
Mr. Hall stated that he is preparing a comparison of all changes in the
insurance policy in question which will show the costs from last year as
compared to the current year. This report. said Mr. Hall. will be brought
to the Board in the near future.
BUDGET AMENDMENT 79-35 TO APPROPRIATE FUNDS FOR PURCHASE OF CHEMICALS RE
AQUATIC WEED PROGRAM - ADOPTED IN THE AMOUNT OF $15.000
Commissioner Archer moved. seconded by Commissioner Pistor and unanimously
carried 5/0, that Budget Amendment 79.35 to transfer funds for purchase of
chemcials to be used by County spray crews and aerial contract applicators in
the Golden Gate area re Aquatic Weed Program. be adopted.
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January 30, 1979
BUDGET AMENDMENT 79-36 AUTHORIZING TRANSFER OF FUNDS FROM CONTINGENCY FUND
INTO VETERANS SERVICE BUDGET FOR PURCHASE OF CALCULATOR. ADOPTED IN THE.
AMOUNT OF $121
Commissioner Archer moved. seconded by Commissioner Pistor and carried
unanimously 5/0, that Budget Amendment 79-36 authorizing transfer of funds
from Contingency Fund into Veterans Service office budget for the purchase
of a new calculator be adopted in the amount of $121.
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OOO~ 045 mE34Z
January 30. 1979
BUDGET AMENDMENT 79-37 TO APPROPRIATE FUNDS TO COVER COST OF SECRETARIAL EXPENSES
FOR TEMPORARY SECRETARY IN COUNTY COURT OFFICE (JUDGE HAYES) - ADOPTED IN THE
M10UNT OF $1,100
Commissioner Pistor moved. seconded by Commissioner Wenzel and carried
unanimously 5/0, that Budget Amendment 79-37 to appropriate funds to cover
the cost of secretarial expenses for a temporary secretary in the County
Court Office of Judge Hayes be adopted in the amount of $1.100.
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January 30. 1979
FISCAL OFFICER REPORTS ON SUFFICIENCY OF CONSTITUTIONAL OFFICERS' BONDS -
COMPLETION OF REPORT PENDING RECEIPT OF ADDITIONAL INFOR~~TION
Fiscal Officer Harold Hall stated that at this time of the year the Clerk
is directed to report on the sufficiency of bonds for the Constitutional Officers
which he said has been done; however, said Mr. Hall. there is one point still
to be clarified which has to do with the Fm~:'; requirements for Fidelity Bonds.
He said that due to the large amount of money the County has at present,
additional clarification is being sought as to how large the bonding should be.
That information should be available before the next meeting at which time the
report will be completed. said Mr. Hall.
PROPOSED POLICY ON ADVERTISING PROPOSED TAX INCREASES SUBSEQUENT TO ADOPTION
OF ANNUAL BUDGET - APPROVED
Fiscal Officer Harold Hall explained that, due to the large changes in
property values and the changing of tax districts last fiscal year, the County
ended up with some unusual figures in certified millage submitted from the
Property Appraiser. The result was, said Mr. Hall. that the advertisement
placed in the newspaper, in accordance with-the Statutes. did not give all of
the information that some of the citizens felt was needed. Therefore, he
continued, in answer to the Board's request. a policy statement has been prepared
which, in his opinion, will answer all of the needs.
Following the reading of same by Mr. Hall, Commissioner Archer moved,
seconded by Commissioner Wimer and unanimously carried 5/0, that the following
"Policy for Advertising Proposed Tax Increases when required Following Adoption
of Proposed Annual Budget" be adopted:
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January 30. 1979
CETA COST ALLOCATION PLAN FOR PERIOD 10/2/77 - 9/30/78 - APPROVED
Following brief explanation of same by Fiscal Officer Harold Hall,
Commissioner Pistor moved, seconded by Commissioner Wenzel and unanimously
carried 5/0, that the Central Service Cost Allocation Plan developed for
CETA Grants covering the time period of October 2, 1977 to September 30.
1978, be approved for the Chairman's signature and submitted to the Office
of Manpower Planning, Tallahassee, Florida.
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January 30. 1979
BOARD DIRECTS THE MAILING OF NOTICES TO WILLOUGHBY ACRES PROPERTY OWNERS
ADVISING THEM OF PUBLIC HEARING FEBRUARY 13, 1979. AND TENTATIVE ASSESS-
MENT, RE WILLOUGHBY ACRES WATER/SEWER DISTRICT
Commissioner Wimer noted that he has been made aware of the fact that
the property owners to be affected by the establishment of the Willoughby
Acres Water/Sewer District will not be receiving individual letters regarding
tentative assessments. He said that this is not consistent with previous policy
and requested that the Clerk be directed to send such letters to people
to be assessed in order that they may be made aware of the matter in this
manner rather than to read the notice of public hearing to be printed in
the newspaper.
Following brief discussion, Commissioner Wimer moved. seconded by
Commissioner Wenzel and unanimously carried 5/0. that individual letters
be sent to the appropri a te property O\vners advi sing them of the publi c
hearing to be held February 13, 1979. and their tentative assessment with
regard to the Willoughby Acres Water/Sewer District.
BOARD AUTHORIZES REDUCTION OF MEMBERSHIP ON GOLDEN GATE FIRE CONTROL DISTRICT
ADVISORY BOARD TO THREE MEMBERS, NAMELY THOSE PERSONS SERVING UNEXPIRED TERMS _
MESSRS. CLIFFORD DOADES, CLAUDE MILLER, AND ROLAND SANNER
Following brief review of the current membership on the Golden Gate Fire
Control District Advisory Board. Commissioner Archer moved that membership on
the Advisory Board be reduced to three members. as permitted under Section 5
of Ordinance 74-3 which created the Golden Gate Fire Control District, as
amended by Ordinance 78-17, and that said membership consist of those three
members currently serving unexpired terms - namely, Messrs. Clifford Doades,
Claude I~iller, and Roland Sanner. The motion was seconded by Commissioner
Wimer and carried unanimously 5/0.
~lESSRS, RAYMOND LINK, AND MIKE TAYLOR REAPPOINTED TO FOUR-YEAR TERMS ON
ENVIRONMENTAL ADVISORY COUNCIL
Commissioner Archer moved that the Board endorse the recommendation of staff
and approve the reappointment of Messrs. Raymond Link and Mike Taylor to additional
four-year terms on the Environmental Advisory Council. The motion was seconded
by Commissioner Pistor and carried unanimously 5/0.
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January 30, 1979
Brief discussion followed concerning the fact that the advisory boards
should have a representative from each Commission District. if possible.
MESSRS. ALEX GARLAND, JAMES SPADE, AND ROBERT TOWLE REAPPOINTED TO FOUR-YEAR
TERMS ON THE BOARD OF BUILDING ADJUSTMENTS AND APPEALS
Conmissioner Archer moved to accept the recommendation of staff that
~'essrs. Alex Garland, James Spade. and Robert Towle be reappointed to four-year
terms on the Board of Building Adjustments and Appeals. The motion was seconded
by Commissioner Wimer and unanimously carried 5/0.
MESSRS. JOHN C. HATTOX, REED COLEMAN, AND JOSEPH PODESTA REAPPOINTED TO TWO-YEAR
TERMS ON THE ISLES OF CAPRI FIRE CONTROL DISTRICT ADVISORY BOARD - TERMS TO
EXPIRE DECEMBER 31, 19BO
Commissioner Pistor moved that the Board accept the staff recoRr.lendation
that Messrs. John C. Hattox, Reed Coleman, and Joseph Podesta be reappointed
to two-year terms, expiring December 31. 1980, on the Isles of Capri Fire
Control District Advisory Board. The motion was seconded by Commissioner Archer
and carried 5/0.
BOARD ~~KES FOLLOWING APPOINTMENTS AND REAPPOINTMENTS TO THE LIBRARY ADVISORY
BOARD: ~'RS. JAN PARKER REAPPOINTED TO FOUR-YEAR TERM; MRS. MAY SHEEHAN. PRESENT
ALTERNATE MEMBER, APP0INTED TO FOUR-YEAR TERM; AND. DR. JOHN M. EKLUND APPOINTED
ALTERNATE MEMBER
Commissioner Pistor moved to accept the recommendation of staff that
Mrs. Jan Parker be re~ppointed to a four-year term. that Mrs. May Sheehan,
present Alternate Member. be appointed to a four-year term. and that Or. John
M. Eklund be appointed Alternate Member, on the Library Advisory Board.
MESSRS. KENNETH A. CAVENAH. DUDLEY GOODLETTE. AND DAVID K. JOHNSON REAPPOINTED
TO TWO-YEAR TERMS ON THE PARKS & RECREATION ADVISORY BOARD - SAID TERMS TO
EXPIRE DECEMBER 31, 1980
Commissioner Pistor moved that the Board follow the staff recommendation
and that of the Chairman of subject advisory board. that Messrs. Kenneth A.
Cavenah. Dudley Goodlette, and David K. Johnson be reappointed to two-year
terms on the Parks & Recreation Advisory Board. said terms to expire December
31, 1980. The motion was seconded by Commissioner Wimer and unanimously carried
5/0.
January 30. 1979
PETITION BY PROPERTY OWNERS OF GOODLAND REQUESTING INCLUSION IN A FIRE
PROTECTION DISTRICT - ACCEPTED; ADVERTISING AUTHORIZED FOR PUBLIC HEARING
MARCH 6, 1979 RE PROPOSED ORDINANCE TO CREATE SUBJECT DISTRICT
Commissioner Pistor stated that through In unfortunate error in legally
describing the Marco Island Fire District a portion of the Island was not
included in the District, the largest portion of the omission being Goodland.
He submitted to the Clerk a petition from the majority of the property owners
in Goodland requesting to be included in a fire protection district.
Following his reading of the caption on the petition. Commissioner Pistor
moved, seconded by Commissioner Wenzel, that advertising be authorized for a
public hearing on March 6, 1979 on the proposed formation of a special taxing
district for fire control in Goodland.
Commissioner Pistor noted that the district formed will be a dependent
district and that a contract will have to be entered into with the Marco Island
District Commission which he has been assured will pose no problem. He further
stated that the matter was to be presented to the Legislative Delegation for
resolution but. due to the violent objections of one Marco Island citizen of
having Goodland made u part of the District~ the Collier County Representative
has requested that the proposed district be formed on a one-or-two-year basis,
and that, in the meantime, the legal description can be corrected by legislation
The matter of a special meeting of the Legislative Delegation was discussed whic
Comissioner Pistor suggested may not be possible, noting that in any event it
could not take place as quickly as the Board could establish the district on
a temporary basis and the taxes levied to fund the district. He said that
arrangements have been made by the Property Appraiser to include the district in
the November tax levy - 1979.
Upon call for the question the motion carried unanimously 5/0.
County Manager Norman brought to the Board's attention an error on the map
of the subject area which was attached to the agenda material. noting that the
range number on the righthand side of the map should read "Range 27" - not "Rans
25".
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January 30. 1979
It was suggested by Commissioner Wimer that Represent~tive Mary Ellen
Hawkins be invited to attend the public hearing with Commissioner Pistor
stating that he would inquire if she would be available.
OER BILOGICAL ASSESSMENT. FILE '11-13753-5E. FOR SEAWALL. UN-NAMED CANAL,
ISLES OF CAPRI, RE JOHN W. BARTLEY, READ INTO THE RECORD AND PROJECT APPROVED;
CERTIFIED COPY OF BOARD ACTION TO BE FORWARDED TO DER LOCAL OFFICE
As required in the provisions of Section 253.124. Florida Statutes.
Environmental Consultant. Dr. Jay Harmic. read:into .the Record the fOllowing
Biological Assessment - DER File '11-13753-5E - for construction of a seawall,
on an unnamed canal. on the Isles of Capri. by John W. Bartley:
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January 30, 1979
Dr. Harmic stated that since the proposed construction is the continuation
of an existing seawall of the same type, with minimal destruction of vegetation,
he would recommend approval of the application for forwarding to the DER office
in Punta Gorda, Florida.
Following brief discussion regarding the necessity of reading these assess-
ments during the meeting of the Board of County Commissioners as opposed to the
Environmental Advisory Council. Commissioner Wenzel moved that the project be
approved and that certification of Board action be forwarded to the Department
of Environmental Regulation. The motion was seconded by Commissioner Pistor
and carried unanimously 5/0.
BOARD APPROVES CASH SETTLEMENT IN THE AMOUNT OF $4,212. AS OFFERED BY INSURANCE
ADJUSTER AS REIMBURSE~'ENT FOR DEMOLISHMENT OF COUNTY VEHICLE NO. 5396. AND AS
RECOMMENDED BY STAFF
Commissioner Wenzel moved to follow the recommendation of the Utility Director
and accept cash settlement in the amount of $4.212. as offered by the insurance
adjuster as reimbursement for demolishment of County Vehicle No. 5396, provided
that such settlement does not preclude the County from being eleigible for other
possible compensation. Commissioner P1stor seconded the motion which carried
unanimously 5/0.
Commissioner Archer advised against Signing a release until the matter of
other compensation has been resolved.
CERTIFICATE FOR CORRECTION ON 1978 TAX ROLL - APPROVED FOR CHAIRMAN'S
SIGNATURE
Commissioner Archer moved. seconded by Commissioner Pistor and carried
unanimously 5/0, that Certificate for Correction on the 1978 Tax Roll -
Tangible Personal Property, No. 40-1978 dated January 25. 1979, be approved
for Chairman's signature.
MEDICAL LEAVE OF ABSENCE RE ROAD & BRIDGE DEPARTMENT EMPLOYEE HENRY L. ALBRIGHT
FROM JANUARY 22 THROUGH FEBRUARY 22. 1979 - APPROVED
Commissioner Archer moved, seconded by Commissioner P1stor and carried
unanimously 5/0. that the Leave of Absence, for medical reasons, requested by
January 30, 1979
Road & Bridge Department employee Henry L. Albright. from January 22 through
February 22. 1979, be approved, as recommended by staff.
CHAIRMAN AUTHORIZED TO SIGN PERSONNEL ASSISTANCE REQUEST FORM TO BE SUBMITTED
TO STATE DEPARTMENT OF COr~UNITY AFFAIRS, DIVISION OF TECHNICAL AFFAIRS
Administrative Aide to the Board Mary Morgan explained that the Chairman
is being requested to sign Personnel Assistance Request Form, provided by
1 the State of Florida. Department of Community Affairs, Division of Technical.
Assistance. for aid in the revisIon and updating of the County's classification
and pay plan. In response to Commissioner Wimer, it was pointed out that the
Personnel Director and staff will be performing the work involved. with guidance
from the State.
Commissioner Pistor moved, seconded by Commissioner Wenzel and carried 4/1
with Commissioner Wimer voting in opposition to the motion, that the Chairman
be authorized to sign the aforementioned form.
COUNTY ENGINEER AUTHORIZED TO PR~PARE RESPONSE FOR CHAIRMAN'S SIGNATURE TO
FDOT LETTER DATED JANUARY 25. 1979 RE OFF-SYSTEM BRIDGE REHABILITATION AND
REPLACENENT FUNDS -
Commissioner Wenzel moved, seconded by Commissioner Pistor and unanimously
carried 5/0, that the County Engineer be authorized to prepare a response, for
the Chairman's signature, to the Flot'ida Department of Transportation letter
dated January 25. 1979 regarding Off-System Bridge Rehabilitation and Replace-
ment Funds.
LAKE TRAFFORD MEMORIAL GARDENS CEMETERY CERTIFICATE DEED NO. 184 - RECORDED
AND FILED FOR THE RECORD
Pursuant to action of the Board January 10, 1978 wherein the Chairman
was authorized to sign various deeds to Lake Trafford Memorial Gardens Cemetery
lots as the need arises, the following Deed No. 184 was recorded and filed for
the record:
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January 30. 1979
26. Notice dated January 10, 1979 from Robert Bruce. Director of
Advertising, News-Press, regarding special Edison Pageant of
Light Edition of paper scheduled for February 20. 1979 - filed.
27. Letter dated January 18, 1979 from Ms. Maeve H. Foster, Executive
Director, Area Agency on ^ging, transmitting copy of the First
Quarter Monitoring Report for Homemaker Service of Collier County _
fll ed.
28. Copy of letter dated January 18. 1979 from Director. and Supervisor,
Homemakers Service of Collier County, to Director. Area Agency on
Aging, transmitting request for payment of funds for the month
of March, 1979 - filed.
29. Letter dated January 25, 1979 from Guion T. DeLoach, Attorney,
regarding a request for appeal of the decision made by the
Contractors Licensing Board on 1/18/79 in the case of Donald W.
Polen d/b/a Florida Home Insulators - xc to County Attorney, and
to Building Administrator for scheduling before the BCC - filed.
30. Lee County Electric Cooperative, Inc. monthly reports for December,
1978 re Immokalee and Marco Island Lighting Districts - xc to
County Engineer; and filed.
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RECESS: 11:25 A.M. to reconvene in CONFERENCE SESSION immediately
thereafter with Deputy Clerk Pantano present.
Reconv~ned in Regular Session at 3:35 P.M.
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CHAIRMAN AUTHORIZED TO SIGN LETTER TO SENATOR DUNN OPPOSING TRANSFER OF
RESPDNSIBILITY OF INSPECTION OF FOOD SERVICE ESTABLISHMENTS
Commissionp.r Wimer moved, seconded by Commissioner Pistor and carried
unanimously 5/0, that the Chairman be authorized to sign a letter to
Senator Edward Dunn as well as the legislative delegation opposing the transfer
of responsibility of inspection of food service establishments from the
County Health Departments to Hotel and Restaurant Commission.
WILLIAM R. HOlJGH & CO. APPROVED AS FINANCIAL CONSULTANT FOR APPRAISAL
OF MARCO ISLAND UTILITY SYSTEM FOR POSSIBLE PURCHASE BY THE BOARD
Commissioner Archer moved that the Utility Director be authorized to
contact one of the four financial consultant firms previously interviewed
by the Board to immediately begin a financial feasibility study and prepare
costs estimate for the possible purchase of the Marco Island Utility System
by the Board. In response to Utility Director Berzon's inqUiry as to the
urgency, Commissioner Archer stressed the fact that a matter has recently
BOOK 045 tA~t38'8
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January 30. 1979
come up which requires the fastest possible decision from the Board
whether or not they want to purchase the system. .The motion died for
lack of a second.
Commissioner Wimer made a motion to the effect of terminating the
Utility Director's employment as he is not happy with the Job he is
performing. The motion died for lack of a second.
Mr. Berzon commented that the study being done by Stanley Hole and
Assoc. will determine the revenue ability and the pOSSibility of the system
supporting a bond issue and that only when the report is completed will the
financial consultant be necessary.
Commissioner Wenzel moved, seconded by Commissioner Archer, that the
Board approve the selection of William R. Hough & Co. to be used as financial
consultant if and when needed on the Marco Island Utility System project.
Commissioner Archer commented that the firm will not charge the Board
for preparing the feaSibility study and arriVing at an approximate cost
estimate for the purchase.
Commissioners Pistor and Wimer-stated they did not see the urgency in
the matter and preferred holding off on the selection.
County Attorney Pickworth commented that one of the other firm's
representative also interviewed had stated to him they did not see the need
for the Board needing a financial consultant at this stage of the project.
Upon call for the question the motion carried 3/2 with Commissioners
Pistor and Wimer dissenting.
Con~1ssioner Wimer again moved to terminate the employment of the Utility
Director stating that he does not feel Mr. Berzon has been performing satis-
factory work. The motion died for lack of a second.
PURCHASING DIRECTOR AUTHORIZED TO PURCHASE USED VEHICLE COMPARABLE IN AGE
AND CONDITION OF COUNTY VEHICLE NO. 5396/UTILITY DIVISION DEMOLISHED IN
ACCIDENT OF JANUARY 8, 1979
Per the Utility Director's recommendation, Commissioner Wimer moved,
seconded by Commissioner Pistor and carried unanimously 5/0, that the Purchasing
Director be authorized to purchase a used vehicle in-lieu-of a new one comparable
January 30, 1979
in age and condition of County Vehicle No. 5396/Utility Division which
was demolished in an accident on January S. 1979.
BOARD APPROVES POLICY WHr~EBY THE CHAI~~N OF THE BOARD SHALL SERVE FOR A
PERIOD OF ONE YEAR; CHAI~~N BROWN TO RETAIN CHAIRMANSHIP UNTIL NOVEMBER
20. 1979
Commenting that problems have arisen concerning the fact that the
Chairman of the Board changes sometimes in the midst of the Budet preparation.
Commissioner Pistor moved, seconded by Commissioner Archer, that Chairman
Rrown, if willing, retain his chairmanship until November 20, 1979 and
thereafter the Chairman will serve for a period of one year rather than the
present policy of serving for six months. Motion carried unanimously 5/0.
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There being no further business for the good of the County, the
meeting was adjourned by order of the Chair - Time: 3:50 P.M.
BOARD OF COUNTY COMMISSIONERS/EX
OFFICIO GOVERNING BOARD(S) OF SPECIAL
DISTRICTS UNDER ITS CONTROL
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ATTEST:
WIllIAM J. REAGAN, CLERK
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