BCC Minutes 01/30/1979 S
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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 11:45 A.M. in CONFERENCE
SESSION with the following members present:
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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 Ueputy
Clerk/Fiscal Officer; C. Hfll iam Norman. County Manager> Donald A. Pickworth,
County Attorney; Irving Berzon. Utility Director; Clifford Barksdale. County
Engineer; and frl,.,,,, Brel..i(!man and Debbie Pantano (1:45 P.M.). Deputy Clerks.
AGENDA
1. Discussion of traffic signalization at the Vanderbilt Beach Road
and U. S. 41 i~tersection, and at the Collier Boulevard and
Barfield Avenue intersection. Marco Island.
2. Discussion of proposed amendments to Excavation Ordinance.
3. Public discussion re East Naples Sewer District (District "B").
BOARD UNOFFICIALLY AUTHORIZES ENGINEERING DEPARTMENT TO TAKE NECESSARY STEPS
TO INSTALL PROPER TRAFFIC SIGNALIZATION AT THE VANDERBILT BEACH ROAD AND U.S.
41 INTERSECTION, AS PROPOSED BY COUNTY EtlGINEER - OFFICIAL ACTION TO BE
TAKEN FEBRUARY 6, 1979
County Enginep.r Barksdale reported that th~re has been correspondence dating
back to 1972 with the Department of Transportation concerning traffic studies at
the Vanderbilt Beach Road-U. S. 41 intersection; however, traffic in the past
did not justify the State expending funds for installation of signalization. The
entire history of the intersection, including all of the traffic accidents which
have occurred there, has been reevaluated, said Mr. Barksdale, and the information
has been updated and sent back to DOT asking them to reconsider their decision
based on the accident history of the location. DOT has reconsidered this, said
Mr. Barksdale. and has recommended to Tallahassee that the necessary Traffic
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January 30, 1979
Warrant and Permit be issued to install the signal. He said that the
PC1'mit should be received in approximately three weeks.
Nr. Barksdale said that the question of funds must be addressed, noting
that DOT does not have sufficient funds for this fiscal year for this
purpose - that it will be scheduled for their Fiscal Year 80-81. He said
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that he has talked to Mr. Fowler, FDOT. this date and has been informed that
the DOT can reimburse the County if the County so authorizes and has the
money to proceed with the installation of the traffic light. The permit will
be issued to the County, continued Mr. Barksdale, and an agreement will be
forthcoming for the County to execute stating the FDOT will reimburse the
County for this project when it is funded in their program. Responding to
Commissioner Wenzel's question regarding the use of Secondary Road Funds,
~'r. Barksdale explained that the Department does not have control over those
funds, and with the current cash flow now with the payments for the construction
of Airport Road, the Bond Issue has been committed. However, said Mr. Barksdale,
there is a small amuunt of funds in the Capital Trust Fund which co~1d be
drawn at this time to fund the project.
The cost estimate by DOT, said Mr. Barksdale. is approximately $50,000;
however, it is his opinion that if the installation is done on a local basis
the cost could be somewhat less. He explained briefly the type of signalization
to be considered and slIggested that the Board could use the $22,000 which has
been received as reimbursement from the toll collections, which has been
paid from the Secondary Fund for maintenance over a period of years, now being
held in a special account. Th~ remainder could be dral'in from the Secondary
Working Capital Trust Fund, said Mr. Barksdale. He also explained that under
the Pelican Bay PUD the developer was committed to pay a proportionate share
for the signal at subject intersection when required to do so, which, he has
been informed, is agreeable to the developer. He said the share is based upon
the amount of traffic impact a development would have on a particular inter-
section, noting that there is no impact by Pelican Bay at the present but
that there will be in the future.
January 30t 1979
Commissioner Pistor moved that the Engineering Department be authorized
to go ahead and take the necessary steps to install the proper signalization
at the aforementioned intersection and to make sure that FOOT is well aware
of the cost so the County can be reimbursed. The motion was seconded by
Comnissioner Wimer.
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Mr. Barksdale noted that when the Agreement is received it will be
determined what the actual cost for the project is, including engineering
time, design, and the staff's cost, for inclusion in the document.
Commissioner Wenzel recalled that from time to time requests arc made
for studies, improvements. installation of emergcncy facilities, and the like,
following accidcnts, but that no report is ever made on the disposition of
such requests. He asked that such reports be made periodically and, if
necessary, follow-up measures be taken.
Concerning the issue of funding, Fiscal Officer Harold Hall explained
that the proper approach to be taken is to prepare a budget amendment to
transfer funJs froln an eX1sting Road and Bridge line item to the subject
project line item in Traffic Signalization.~. Then, said Mr. Hall, when all
revenues are real i zed in the Road and Bridge Fund tO~/ards the end of the
fiscal year, then the $22,000 received can be appropriated to replacc the
funds in the bud~etcd line item from which they were taken.
Commissioner Pistor suggested the possibility that the work may not be
done during the current fiscal year and, if not, the project could be included
in the following year's budget. Mr. Barksdale stated that it is difficult to
estimate the time it will take, noting that it will probably take three \~eeks
to develop the proper design and equipment list. To speed up the installation.
Mr. Barksdale recommended that the Board authorize staff to proceed with the
installation of the light and waive the requirement for competitive bids and
permit negotiations with the contractor presently being used for signal work
in the County. He said that it may be optimistic, but, in his opinion, that
within four months the traffic light should be up. cautioning the Board that
it will depend entirely on the delivery of the equipment.
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January 30. 1979
Returning to the matter of funding, Mr. Barksdale said authorization
is needed for the expenditure of funds with Commissioner Pistor observing
that such authorization is included in his motion. Hr. Hall noted that it
would be well, to make the matter "track" the way it should be in the fiscal
records, for the Board to authorize the expenditure, authorize a budget
amendment, taking the funds a"'ld creating a line item for the project. Then,
said Mr. Hall, it will be known that the funds are available to appropriate
if needed at the end of the year to replace the funds in the line item
from which they were taken. This approach. said Mr. Hall, keeps the records
strdight.
Upon call for the question the motion on the floor carried unanimously
5iO. It was noted for the record, that official action will be taken at
the next Regular Meetiny of the Board.
Conmissioner Pistor requested that the FOOT be requested to restudy
the Collier Boulevard-Barfield Avenue intersection on Marco Island due to
the frequent ~ccider:ts whic~ occur there. Mr. Barksdale said that h~ h~s
asked the Department to restudy the,area. It was pointed out by Chairman
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Brown that the County operates on a budget and that budgets cannot continue
to be "robbed" for special purposes; however, he noted that the Department
of Transportation was requested to install a traffic light at the Vanderbilt
Beach Road intersection with U.S. 41 four years ago which went unheeded and
for this reason he will vote for the project.
Brief discussion followed concerning the State's criteria in establishing
the need for traffic signalizat10n at specific locations. with Mr. Barksdale
pointing out that it is based. not only on the number of accidents, but the
type of accidents which might be prevented if proper signalization were to
be ins ta 11 ed .
DISCUSSION OF PROPOSED AMENDNENTS TO EXCAVATION ORDINANCE - UTILITY DIRECTOR
DI RECTED TO DMFT ANENDI~EflTS FOR BOARD REVIE\~ IN THREE WEEKS
Commissioner Pistor referred to the proposed revisions to Excavation
Ordinance 73-12. as prepared by the Utility Director. touching briefly on
certain recommendations. He suggested that the subject ordinance be amended
accordingly.
January 30~ 1979
Utility Director Irving Berzon explained that all of the recommendations
or suggestions drawn up by him are for the Board's consideration, adding
that he has encountered no problems with the existing ordinance until
recent date and. if the Board feels that the ordinance has to be corrected
in certain aspects. the list prepared by him are some of the amendments that
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can be made to correct c~rtain areas.
During the discussion of the existing ordinance and the proposed
amendments, County Attorney Pickworth suggested that the proper approach
to the drafting of An ordinance is to decide what hanm is to be prevented
and once that determination is decided, An ordinance can be drafted from
that step on. It was also suggested, by Commissioner Wenzel, that it might
be worthwhile to have the Hater Nanagement Advisory Board members review
the draft of the proposed ordinance for their recommendations. Mr. Berzon
observed that it is his opinion that until now the WMAB has not wanted to
get involved in administrative or legal procedures which have nothing to do
with the water-management physical aspects~ such as penalties, posting of
bonds, and the like. lIolvever, he said tha~.:..he would fqllow the Board's
directive in this regard if they felt it would be helpful.
Commi ss i oner Wcnze 1 reques ted tha t t'lr. Berzon be authorized to draft
the ilddcndil to the pertinent ordinance with regard to excavations, Clarifying
the legal portions of same with Mr. Pickl./orth, and to come back to the Board
for approval. following which a date can be set to advertise it for a public
hearing.
Mr. Berzon asked that the individual Commissioners provide him with
their conments on the 1 ist of suggested revisions as to 'vehter they go too
far, not far enough or should be changed completely~ together with any
comments they may have. /Ie stated that he ~/ould need three ''leeks to ,'/ork
on the revised ordinance; however. if it is completed prior to that time. he
will so advise the Doard.
Conmissioner Pistol' asked Nr. Derzon to make sure a provision for after-
the-fact permit penalty is included in the revised ordinance.
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January 30, 1979
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RECESS: 12:05 P.M. until 1:45 P.M. at which time Deputy Clerk Edna
Brenneman was replaced by Deputy Clerk Debbie Pantano.
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BOARD DIRECTS COUNTY ~~NAGER ~HD COUNTY ENGINEER ALONG WITH CONSULTING
ENGINEER TO WORK WITII UTILITY 'DIRECTOR AND COUNTY ATTORNEY ON POSSIBLE
REVISIONS OF EXCAV^TION ORDINANCE
Commissioner Pfstor moved, seconded by COmmissioner Archer and carried
unanimously 5/0, that the Board direct the county Manager, County Engineer,
and Ted Smallwood, Consulting Engineer. to work with the Utility Director
and the County Attorney on possible revisions of the Excavation Ordinance
and to bring the matter back for Work Session as soon as possible.
PUrlLIC DISCUSSION HELD CONCERNING EAST NAPLES SEI~ER DISTRICT "B"
Commissoncr Wenzel bri~fly provided background information on the East
Naples Sewer District liB" noting that the reason the project has been held
up is due ~o the lack of funds from HUD; also, the FmHA has not committed
any funds due to the legal entangleplents created by the North Naples Sewer
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District.
COlllnissioner Pistor stressed that every effort is being made at this
time to obtain grant funds.
Utility Director Irving Berzon noted that while the FmHA will not
make a commitment for a grant until legal problems are resolved with the
existing North Naples District, they have recommended that an application
be filed with them on behalf of the Board of County Commissioners rather than
the County Hater/SC\~er District for the East Naples project. He commented
that the Board had recently conducted interviews for engineering firms to
prepare a preliminary report to file with the second application.
County Attorney Pickworth commented it could be a few months before
the Supreme Court makes a ruling on the North Naples situation.
Fiscal Officer Harold Hall conrnented that the North Naples District is
incurring expenses of over 1/4 million dollars per year for additional interest
due to the legal status of the district at this time.
January 30, 1979
Hr. Lloyd Sarty, Naples Civic Association, stated that the Association
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is backing up the Board in the hopes they will come up with a solution to
the lack of ~ sewer system in East Naples and expressed concern over the fact
it has taken so long since initial discussion took place on the matter.
Ms. Mary lou Raeb, Presi~ent of Naples Manor Property Ov/ners Association,
stated the Association has determined that they only want the sewers if federal
grant funds are provided.
Mr. Ted Smallwood. Consulting Engineer, referred to the displayed map
to point out the boundaries of Sewer Area "B" noting that Naples Manor is not
included in Area "0", rather in Sewer Area "C".
Mrs. Virginia Woody. owner of Naples Deef and Deer, commented that when
she first assumed ol'lnership of the restaurant she had been told by someone in
the County that she would be guaranteed sewage within three years and she
bought the restaurant on that premise.
In response to Ms. Woody's concern, Mr. Smallwood discussed at length
the methods ~y which he h&s determined the cost estimate for front footage.
He noted the total project cost has been e$~imated at approximately $14,185.698
based on a 1976 estimate with a 10% inflation rate with an average cost estimate
of $28 per month to the residential user without consideration of grants or
loans.
Commissioner Archer stressed the fact that the County is obligated to go
ahead with the construction of the project \'/hether or not grant funds are
obtained. Mr. Smallwood commented that construction cannot start, hO\'1ever.
until the City's treatment plant is expanded as the existing treatment plant
could not facilitate sewers in East Naples. He briefly outlined the obligations
of both the City and the County \'1ith regard to the 201 Facilities Plan that.
was approved by the EPA and he noted that the County and the City is not
obligated to follow the plan but they must do so in order to obtain EPA funds.
Nr. Bernie Yokel. Collier County Conservancy, made a few comments
concerning the pollution problem connected with Naples Bay.
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January 30, 1979
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t,lr. Bruce Simpson, Research Director of the Conservancy, in response
to Conrnissioner Pistor, explained that the reason the Agency has not yet
put out a report on the pollution matter is due to the fact that the State
has required a section that is quite technical concerning the "nutrient
load". stating thc report should be completed sometime next month to be
scnt on to the City of Naples' 'and eventually the DER. A brief discussion
followed concerning Commissioner Pistor's question regarding the affect the
existing sewage systcm in East Naples is having on the Naples Bay. Mr.
Simpson stated there is no way to exactly determine how much different
areas in the County affect the Bay.
Mr. Charles Stokes. professional engineer and resident of Collier County,
comnented that this matter should be resolved in a t1common sense" way noting
that the project will not be completed for a long time if too much "detailed"
effort is strcsscd concerning the pollution matter.
Utility Director Berzon commented that no time is being lost as far as
grant fundi~g is :oncerncd as it would take just as long a proredl1re if the
residents paid for the entire proje=t themselves.
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Hr. B. M. Kirk, President. of Enchanting Acres. questioned the time
element involved with reference to informing him that he must get rid of
his package treatment plant and hook into the County's proposed system.
Mr. Berzon esimated a minimum of 2-3 year wait.
In response the Ms. Woody's concern about the immediate need for a
sewage system. Mr. Smallwood suggested that she pursue the matter of
obtaining a petition from the businesses along U.S. 41 to hook up into
some sort of temporary system: however, he noted that this type of system
would be much more expensive than hooking into the overall system.
Mr. Sam Hubschmann, President of The Glades, stressed that he would
like to be informed if and when the Glades will be incorporated into the
major system as he is currently utilizing a retention system and does not
want to risk investing much more money into it if he will then be required
to dispose of the system. Chairmun Bro\~ suggested that he keep in touch
with the Utility Director on that aspect.
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~anuary 30~ 1979
Mr. John Alden, East Naples Civic Association, stressed the fact that
the Board needs to more clearly justify the need for a sewage system in East
Naples in order to project a fair assessment to the residents utilizing the
system.
Nr. Berzon commented tha~, during the non-seasonal months of the year,
nlost of the septic tanks in East Naples would not even qualify for Health
Department standards and stressed this is the urgent need for a central
sewage system.
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There being no other persons to speak and no further business for the
good of the County, the Chair directed the Workshop Session be adjourned at
3:35 P.M.
Regular Session reconvened at this time.
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