Loading...
BCC Minutes 02/06/1979 R Naples, Florida, February 6, 1979 LET IT BE RH1EI1BERED. that the Board of County Conmissioners 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: CHAIR:1AN: David C. Brown VICE-CHAI~1AN: Clifford Wenzel John A. Pistor Thomas P. Archer ABSENT: C. R. "Russ" Wimer ALSO PRESENT: Harold L. Hall. Chief Deputy Clerk/Fiscal Officer; Edna Brenneman and Debbie Pantano (1:30 P.t1.). Deputy Clerks; C. Wi1lialn Norman. County Manager; Donald A. Pickworth. County Attorney; Irving Berzon. Utility Director; Or. Neno Spagna. Community Development Administrator; Clifford Barksdale. County Engineer; Carl Clemmer, Zoning Director; Frank Wilcox, Purchasing Director; Mary Morgan. Administrative Aide to the Board; and Deputy Chief Raymond Barnett. Sheriff's Department. lli1iQ.a BOARD OF COUNTY COMMISSIONERS FINAL AGENDA r February 6, 1979 REQUESTS TO ADDRESS THE BOARD OF COUNTY COMMISSIONERS, WHICH ARE NOT ON THIS AGENDA, WILL BE HEARD AT 11:00 A.M. UNDER "PUBLIC PETITIONS". 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF AGENDA 4. APPROVAL OF MINUTES: January 23, 1979 5. PROCLAMATIONS AND PRESENTAT~ONS OF AWARDS A. Proclamation of Shriner's Araba Temple Paper Sale Days - March 2nd & 3rd, 1979. . 6. SOCIAL SERVICES MaK 045 'AGE (00 February 6, 1979 AGENDA - APPROVED WITH ADDITION Commissioner Archer moved. seconded by Commissioner Pistor and carried 4/0 with Commissioner Wimer absent, that the agenda be approved with the following addition: 1. Proposed resolution in appreciation of service to the County by Joseph T. Lawrence (Deceased). CHAIR~1AN EXPLAINS ABSENCE OF COMMISSIONER WIMER Chairman Brown explained that Commissioner Wimer is unable to attend the Board Session this date due to his being hospitalized for routine tests. MINUTES OF MEETING OF JANUARY 23. 1979 - APPROVED Commissioner Wenzel moved. seconded by Commissioner Archer and carried 4/0 with Commissioner Wimer absent. that the minutes of the meeting of January 23. 1979 be approved as presented. PROCLAMATION ESTABLISHING MARCH 2 AND 3. 1979 AS ARABA TEMPLE'S PAPER SALE DAYS - ADOPTED Following his reading of same. Commissioner Wenzel moved, seconded by Commissioner Pistor and carried 4/0 with Co~issioner Wimer absent, that the Proclamation establishing the dates of March 2 and 3, 1979 as Araba Temple's Paper Sale Days be adopted. '* * * '* * * * '* '* * '* '* '* Bb::~ 045 r.~G: 404 '* '* '* * * * Feburary 6, 1979 RESOLUTION 79-19 IN APPRECIATION OF SERVICE TO THE COUNTY BY JOSEPH T. LAWRENCE (DECEASED) - ADOPTED; CERTIFICATE RE SAME EXECUTED BY COMMISSIONERS Commissioner Archer observed that Collier County has lost a very dedicated servant and a close personal, friend of many County employees, following which he read a proposed resolution expressing the appreciation of the Board for the service performed by County Employee Joseph T. lawrence, now deceased, and moved its adoption. The motion was seconded by Commissioner Wenzel and carried 4/0 with Commissioner Wimer not present. Chairman Brown followed the adoption of the aforementioned resolution by reading the Certificate of Appreciation. with regard to Mr. Lawrence, and requested that the Certificate be presented to the family following the execution of same by the Commissioners. . . . '. . * . * . * * . . * * * . * * . . B'OCK 045 PA~E 406 * * * ~OOK 045 "";t 409 February 6, 1979 ORDINANCE 79-7 PROHIBITING THE SALE OF CIGARETTES, TOBACCO, CIGARETTE WRAPPERS. AND PIPES TO MINORS - ADOPTED legal notice having been published in the Naples Daily News on January 18, 1979 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was held to consider a proposed ordinance which would prohibit the sale of cigarettes, tobacco. cigarette wrappers and pipes to minors. County Attorney Pickworth reviewed the Prohibitive Clause of the ordinance. Section Two, as well as the Penalty Clause, Section Three, as contained therein, and. responding to Mr. Mike Zewalk's inquiry from the audience, stated that if a vendor who has a cigarette machine on his premises knowingly permits a minor to utilize such machine, it is a violation of the ordinance, as well as the State Statutes. There being no persons registerd to speak on the subject. Commissioner Archer moved, seconded by Commissioner Wenzel and carried 4/0 with Commissioner Wimer not present. th~t the public hearing be closed. Commissioner Archer moved. seconded by Commissioner Pistor and carried 4/0 \-lith Commissioner Wimer not present, that Ordinance 79-7, as titled below. be adopted and entered into Ordinance Book No.9. ORUINANCK N0. 79-.Z--- AN ORDINANCE PROHIBITING THE SALE OF CIGARETTES, TOBACCO, CIGARETTE WRAPPERS AND PIPES TO MINORS; PROVIDING FOR DEFINITIONS; PROVIDING FOR A PENALTY AND PROVIDING FOR AN EFFECTIVE DATE. RESOLUTION 79-20 RE VACATION OF 53RD ST. S.W., BETWEEN BLOCKS 204 AND 205, AND VACATION OF EASEMENTS BETWEEN INDIVIDUAL LOTS IN BLOCKS 204 AND 205, ~~LDEN GATE CITY UNIT 6, AS PETITIONED BY ST. ELIZABETH SEATON CHURCH - ADOPTED Legal notice having been published in the Naples Daily News on January 19, 1979 as evidenced by Affidavit of Publication filed with the Clerk. public hearing was held to consider a petition by St. Elizabeth Seaton Church requesting vacation of 53rd Street, S.W.. between Blocks 204 and 205. and the vacation of easements between the individual lots in Blocks 204 and 205, all in Golden Gate City Unit 6. County Engineer Barksdale advised that the request has been reviewed February 6. 1919 by all appropriate County agencies and advisory boards with a recommendation that the vacation be granted and that letters of "No objection" have been received from the utility companies. He noted that the Florida Power & Light Company has stipulated that the rear lot easements between lots 10, 11. 12 and 13 of blocks 204 and 205 be retained to accommodate existing and proposed facilities and commented that the petitioner has agreed with the stipulation. There being no persons registered to address the Board regarding the rropos~l, Commissioner Wenzel moved, seconded by Conmissioner Pistor and carried 4/0 with Commissioner Wimer not present, that the public hearing be closed. Commissioner Wenzel moved that Resolution 19-20 granting thp vacations referred to above. as requested by St. Elizabeth Seaton Church. be adopted. The motion was seconded by Commissioner Pistor and carried 4/0 with Commissioner Wimer not present. . . . . . . * . * * . . * * * * . . 045 ~~410 . . aoox * MOlt 045 P1I~E 413 February 6. 1979 PETITION NZ-78-6C, PLANNING DEPARTMENT, REQUESTING AMENDMENT TO ORDINANCE 76-30 TO PERMIT BAIT BARGES AS A PROVISIONAL USE IN THE AGRICULTURAL DISTRICT - DENIED legal notices having been published in the Marco Island Eagle on January 18. 1979 and in the Naples Daily News on January 18. 1979 as evidonced by Affidavits of Publication filed with the Clerk, public hearing was held to consider Petition tlZ-78-6C by the Planning Department requesting an amendment to Ordinance 76-30 to permit Bait Barges as a Provisional Use in the Agricultural District zoning. Community Development Administrator Neno Spagna explained that the petition referred to was processed at the request of the Board. He said that the Coastal Area Planning Commission reviewed the request and unanimously recommended that the petition be denied due to the possible creation of excessive traffic and congestion which could be detrimental to the safety of the boaters and persons using the canals; also, that it would establish a precedent and lead to proliferation of other similar establishments in the waterways. Likewise. said Dr. Spagna, the Environmental Advisory Council and the Zoning Department have submitted letters recommending denial of the amendment to the pertinent ordinance. their reasons being concern for lack of sanitary facilities. off-street parking, and whether or not effluent would be dumped into the water. County Attorney Pickworth offered the opinion that it would be unwise to amend an ordinance for the sake of only one particular business because requests for provisional uses for other types of businesses would be forthcoming. such uses being for the sale of beverages, and the like. There being no persons registered to address the matter. Commissioner Wenzel moved. seconded by Commissioner Pistor and carried 4/0 with Commisisoner Wimer not present. that the public hearing be closed. Comnissioner Pistor moved that the Board accept the recommendation of the County's advisory boards and the Planning Department and deny Petition NZ-78-6C requesting an amendment to Ordinance 76-30 to allow bait barges as a Provisional Use in the Agricultural Districts. The motion was seconded by Commissioner Wenzel and carried 4/0 with Commissioner Wimer absent. February 6, 1979 Commissioner Pistor pointed out that.~o amend a zoning ordinance requires a 4/5 vote of the Board and, therefore, the presence of a full Board would not have altered the decision to deny passage of the petition. PETITION SMP-78-13C. CORAL RIDGE-COLLIER PROPERTIES, REQUESTING SUBDIVISION MASTER PLAN APPROVAL FOR PROPERTY LOCATED IN PELICAN BAY CONTAINING GOLF COURSE PARCEL AND VARIOUS MULTIFAMILY PARCELS - APPROVED Legal notice having been published in the Naples Daily News on January 19, 1979 as evidenced by Affidavit of Publication filed with the Clerk. public hearing was held to consider Petition SMP-78-13C by Coral Ridge-Collier Properties for approval of Master Plan for Pelican Bay, Unit Two. described as being part of Section 33, Township 48 South, Range 25 East, and part of Sections 4 and 9, Township 49 South. Range 25 East. Mr. Thomas R. Peek. of Wilson. Miller, Barton, 5011 & Peek. Inc.. represent the petitioner. said that Unit 2 is the second platted area within the overall area of the subdivision and consists of 223 acres to be distributed. as follows: 173+ acres - golr cours~, 16.4+ 3cres - utility, 21+ acres - mult~family units, and 12+ acres - public roads. Referring to. the Sheet Location Map previously distributed. Mr. Peek explained that the alphabetically-listed parcels correspon to the overall set of plans which will be "lived with" as the official map for development. There were no persons registered to address the Board. whereupon Commission Wenzel moved. seconded by Commissioner Pistor and carried 4/0 with Commissioner Wimer not present. that the public nearing be closed. Commissioner Pistor moved for approval of Petition SMP-78-13C by Coral RidS Collier Properties requesting Subdivision Master Plan approval for properties designated as Pelican Bay Unit 2. The motion was seconded by Commissioner WenZE and carried 4/0 with Commissioner Wimer not present. REQUEST BY EAST NAPLES FIRE CONTROL DISTRICT FOR RECONSIDERATION OF PROPOSAL TO ANNEX PART OF FIRE DISTRICT 11 - DENIED; MATTER TO BE FURTHER CONSIDERED DURING PREPARATION OF PROPOSED FIVE-YEAR PLAN FOR COUNTY FIRE DISTRICTS County Manager C. William Norman recalled that on January 16, 1979 the Boar accepted his recommendation and denied the request by the East Naples Fire Contr BOOK 045 PAGE 414 BOOK '045 JlA~ tiS February 6, 1979 District for annexation. by a Special Act of the Legislature, of part of Fire District *1. Subsequently, said Mr. Norman, he and Chief Jim Billman appeared before the Legislative Delegation at which time it was agreed that a Special Bill would be drafted for presentation at the next Session if the Board should change their position and approve the annexation. Mr. Norman said that Chief Billman was present to request the Board to reverse their prior decision. Chief Billman reiterated the reasons why the District is desirous of annexing portions of Fire District #1, as previously mentioned during his appearance before the Board the prior month, among them their concern to provide better protection to the area and to enable the District to establish long-term plans for expansion of facilities. During the discussion of the proposal. mention was made of the overall study of the area to develop a long-range plan for fire protection throughout the County which will be undertaken in conjunction with the State Fire Marshal's Office. Mr. Norman expressed the opinion that:it is necessary to keep the options open for the present and that there should be no commitments made prior to the study. He reminded the Board that the first meeting with a representative of the State Fire Marshal'S Office will be held at the Courthouse on February 9. 1979 at 9:00 A.M. and urged all interested persons to attend. Concerning the timetable for completion of the plan, it was Mr. Norman's opinion that the study and preparation of the plan will take approximately 9 months. Commissioner Archer moved to accept the recommendation of the County Manager and deny the request by Chief Billman on behalf of the East Naples Fire Control District, continuing same until after the report has been completed showing the proposed plan for all fire districts. Commissioner Pistor seconded the motion which carried 4/0 with Commisisoner Wimer not present. RESOLUTION 79-21 RECOMMENDING AND URGING OFfICIAL SUPPORT FOR THE USE OF A FOUR-LANED MUNICIPAL SECTION OF U.S. 41 THROUGH KORESHAN UNITY HISTORIC MONUMENT - ADOPTED Noting the Board's familiarity with the subject matter contained in the proposed r.p.so1ution. Commissioner Pistor moved that Resolution 79-21 recommending February 6. 1979 use of a four-laned municipal section of U.S. 41 through Koreshan Unity Historfc Monument and requesting support for S8me from the Governor, the Florida Department of Transportation, the Secretary of State, and the Congres~fonal Delegation be adopted. Commissioner Wenzel seconded the motion which carried 4/0 with Commissioner Wimer not present. ." ." ." ." ." ." ." .... ." ." ." ." ." ." ." ." * ." ." ." ." ." ." ." ." ." ." 045 PACE"416 ." ~OOK aDOK 045 ~~E 419 February 6, 1979 I ORDINANCE AMENDING ORDINANCE 76-49 TO PROVIDE TEMPORARY EXECPTION OF PARKING RESTRICTIONS BY RESOLUTION OF COUNTY COMMISSION - ADVERTISING AUTHORIZED FOR PUBLIC HEARING M^RCH 6, 1979 Commissioner Archer moved. seconded by Commissioner Wenzel and carried 4/0 with Commissioner Wimer not present, that a proposed ordinance to amend Ordinance 76-49 to provide temporary exemption of parking restrictions by resolution of County Commission. for reasons of public interest, be advertised for public hearing on March 6. 1979. AGREEMENT BETWEEN COLLIER COUNTY MENTAL HEALTH CLINIC, INC. AND THE BCC TO DOCUMENT THE TERMS OF THE WORKING AGREEMENT FOR THE ADMINISTRATION OF THE SOUTHWEST FLORIDA MENTAL HEALTH PLAN - APPROVED FOR CHAIRMAN'S SIGNATURE County Manager C. William Norman explained the purpose of the proposed agreement between the Mental Health Clinic and the Board which he said, as contained in the Executive Summary prepared by staff, is to provide a written statement of the terms under which the approval given to the Southwest Florida Mental Healt~ Plan is beir.g implemented. Fiscal Officer Harold Hall stated that the agreement, as written, will provide the necessary itemization of reimbursable expenses to meet the State and Federal requirements prior to payments of same being made. explaining in detail how the system will be implemented. Comnissioner Wenzel moved. seconded by Commissioner Pistor and carried 4/0 with Commissioner Wimer not present. that the Agreement between Collier County Mental Health Clinic. Inc.. and the Board of County Commissioners be approved for Chairman's signature. as recommended by staff. * * * * * * * * * * * * * * * ~~a~ February 6, 1979 MOTOR POOL SUPERVISION ASSIGNED TO PURCHASING DIRECTOR County Manager C. William Norman explained that a recommendation is being made to revise the Board's Organizational Plan to include the Motor Pool as a division of the Purchasing Department. He said that the Purchasing Director has indicated his interest in the supervision of the Motor Pool Department and that. in his (Mr. Norman's) opinion, he has the expertise necessary for improvement of the Department, in accordance with the objectives of the Board. Chairman Brown noted that the Motor Pool Supervisor has resigned which makes the recommendation wise at this time. Commissioner Wenzel moved, seconded by Commissioner Archer and carried 4/0 with Commissioner Wimer not present, that the BCe Organizational Plan be revised to assign the responsibility for Motor Pool Supervision to the Purchasing Department. as recommended by staff. BOARD AUTHORIZES RELEASE OF PERFORMANCE BOND #400EV-2530 IN THE AMOUNT OF $1.000.000. COVERINr, MARCO ISLAND AND MARCO SHORES, AND APPROVES ACCEPTANCE OF NEW $1.000,000 PERFORMANCE BOND #400FH-1840 RE SAME, AS REQUESTED BY DElTONA CORPORATION Following brief explanation by County Engineer Barksdale. Commissioner Archer moved. seconded by Commissioner Pistor and carried 4/0 with Commissioner Wimer not present. that the Board authorize the release of Performance Bond H400EV-2530 in the amount of $1.000,000 filed by the Deltona Corporation June 28. 1977. covering Marco Island and Marco Shores. and the acceptance of a new $1.000.000 Performance Bond. H400FH-1840 - St. Paul Fire and Marine Insurance Company, re same. * * * . * . * * . . * . . MaK 045 PA~425 February 6, 1979 '* 1t 1t 1t '* '* '* '* '* '* '* ." ." '* '* '* '* RECESS: 10:00 A.M. until 10:10 A.M. '* '* '* '* '* 1t '* '* '* '* '* '* '* ." '* ." '* RESOLUTION 79-22 REQUESTING FDOT TO ENTER INTO REIMBURSALBE AGREEMENT RE COSTS FOR INSTALLATION OF SIGNALIZATION AT INTERSECTION OF U.S. 41 AND VANDERBILT BEACH DRIVE - ADOPTED; AUTHORIZATION FOR WAIVER OF COMPETITIVE BIDS, EXPENDITURE OF FUNDS, AND INSTALLATION OF TRAFFIC LIGHT - APPROVED County Engineer Barksdale recalled briefly the unofficial action taken by the Board during Conference Session held January 30, 1979 wherein the Board authorized the preparation of a resolution requesting the Florida Department of Transportation to enter into a reimbursable agreement with the County for the costs incurred in the installation of traffic signalization at the intersection of U.S. 41 and C. R. 862 (Vanderbilt Beach Drive). The resolution has been prepared. said Mr. Barksdale, for forwarding to the FOOT prior to their preparing the reimbursable agreement. Commissioner Archer moved, seconded by Commissioner Pistor and ,arried 4/0 with Commissioner Wimer not present.. that Resolution 79-22 requesting the Florida Department of Transportation to enter into a reimbursable agreement for the cost incurred in the construction of a traffic signal at the intersection of U.S. 41 (S.R. 45) and C. R. 862 (Vanderbilt Beach Drive), be adopted. It was further moved by Commissioner Archer, as recommended by Mr. Barksdale, that the Board authorize the expenditure of the necessary funds, the waiver of competitive bids. and for approval for staff to proceed with the installation of the signalization. The motion was seconded by Commissioner Pistor and carried 4/0 with Commissioner Wimer not present. '* '* 1t '* .. .. '* ." .. '* ." '* February 6, 1979 BOARD AUTHORIZES WAIVER OF OlD PROCESS FOR PURCHASE OF COLOR COATING MATERIAL FOR TENNIS COURTS AND GRANTS PERMISSION FOR PURCHASING DIRECTOR TO SELECT MOST SUITABLE PRODUCT Purchasing Director Frank Wilcox explained that his purpose in coming before the Board is to request Board permission to waive the bid process for the purchase of athletic court and tennis court color coating for the resurfacing of nineteen tennis courts, which will be applied by the Parks and Recreation Department personnE lie described the uniqueness of the various materials available. noting that ~here ar~ no specificntions nvailable for the purpose and. also, the fact that the City of Naples. Lee County, and the County Engineering Department were contacted for assistance regarding specifications but was informed that there are none available. For these reasons. said Mr. Wilcox. it is being recommended that the bid process be waived and that the Purchasing Department be permitted to select the products most suitable for the required results. using sound economical purchasing practices, and. in conjunction with the Parks and Recreation Department. Mr. Wilcox observed that the Purchasing POlicy allows for the waiver of competitive bids under certain conditions. with County Attorney Pickworth con- curring with Mr. Wilcox. Commissioner Wenzel suggested that it be ascertained that the material purchased is suitable for the purpose, noting the existence of color coating which was purchased but later found to be unsatisfactory. Commissioner Archer moved, seconded by Commissioner Pistor and carried 4/0 with Commissioner Wimer not present, that the request by the Purchasing Director for waiver of the bid process for the purchase of color coating for the tennis courts be approved and that the Purchasing Department. in conjunction with the Parks and Recreation Department. be permitted to select the product most suitable for the required results. BID #349 FOR FURNISHING AND DELIVERING ONE FOUR-DOOR COMPACT SEDAN FOR THE STATE ATTORNEY'S OFFICE - AWARDED TO COASTLAND CHRYLSER-PLYMOUTH, NAPLES.. IN THE AMOUNT OF $4.999 Legal notice having been published in the Naples Daily News on January 19 and 22. 1979 as evidenced by Affidavit of Publication filed with the Clerk. bids were received until January 31. 1979 for furnishing and delivering one Four-Door Compact Sedan for the State Attorney's Office. BOOK 045 P^~E 428 MOX 0451ACE429 February 6, 1979 Purchasing Director Frank Wilcox stated that bids were received from four vendors and it is being recommended that the bid be awarded to the lowest responsible bidder at a price which he said is $1.00 lower than the amount budgeted for the purpose. Commissioner Pistor moved. seconded by Commissioner Wenzel and carried 4/0 with Commissoner Wimer not present, that Bid 1349 for furnishing and delivering one Four-Door Compact Sedan for the State Attorney's Office be awarded to Coastland Chrysler-Plymouth, Naples, Florida. in the amount of $4.999. as contained in the recommendation of the Bid Review Committee letter dated January 31. 1979. and that the Chairman and the Clerk be authorized to sign and attest the resulting Agreement. CHAIRMAN AUTHORIZEO TO SIGN ADDENDUM TO ASSURANCES AND CERTIFICATION TO C.E.T.A. CONTRACTS. A~. ENUMERATED County Manager C. William Norman explained that the Addendum to Assurances and Cert1fication: which the Board is being requested to approve arp. the final steps in the processing of the County's Appeal of the attempt by the State to require the County to make Social Security and Retirement payments for C.E.T.A. employees. said Appeal having been upheld by the Federal Government. He said that the State is accepting this decision and aSking the Board to approve the documents to hold the State harmless should there be any further appeal or decisions made in the matter, noting that in this event, only C.E.T.A. funds would be involved for such payments and they would not be made retroactive. The Contracts involved, said Mr. Norman. are as follows: 1. 79MP-IB-09-21-01 2. 79MP-IF-09-21-01 3. 79MP-1F-09-21-01-Pl Commissioner Archer moved, seconded by Commissioner Pistor and carried 3/1 with COllll1issioner Wenzel voting in opposition and Commissioner Wimer not present. that the Chairman be authorized to sign the Addendum to Assurances and Certifications with regard to the C.E.T.A. Contracts enumerated above. Commissic Wenzel explained his vote by stating "I'm against all these C.E.T.A. Programs regardless of what they are". BOOK 045 PACE 433 February 6, 1979 BOARD ENDORSES RECOMMENDATION OF THE GOLDEN GATE ESTATES STUDY COMMITTEE FOR INTERIM ACTION PROGRAM FOR REDEVELOPMENT OF GOLDEN GATE ESTATES - NO AUTHORIZATI GIVEN FOR EXPENDITURE OF FUNDS AT THIS TIME Mr. William R. Vines stated that he was addressing the Board as coordinator for the Golden Gate Estates Study Committee to report on the actions taken by the Committee for which they are requesting endorsement by the Board. Referring to his memorandum dated January 24, 1979 and distributed to the Board, Mr. Vines described briefly what is involved in the Interim Action Program which has been undertaken to diminish the freshwater loss and the environmental damage in Golden Gate Estates between the present time and the time when a permanent redevelopment program can be officially adopted and implemented. Essentially, continued Mr. Vines. the plan involves the installation of four earth plugs at strategic locations in existing canals, and the attachment of structures on each of the existing weirs which will permit flashboards to be installed in such a manner as to raise the height of existing structures. Mr. Vi~es Said that the specific recommendation from the Study Committee to the Board is for endorsement of the_Interim Action Program set forth in the secol of the alternate programs set forth in the CH2M Hill Engineering Report dated November 1978 entitled Proposed Interim Modifications, Golden Gate Canal System. A further recommendation is for the Board to authorize the Committee to proceed to work with the South Florida Water Management District. the Department of Environmental Regulation, and the Corps of Engineers to determine the specific nature of the dollar contributions from those agencies and to insure that necessary permits w~ll be issued. Discussion followed with Mr. Vines responding to specific questions from the Board regarding the details of the Program being proposed. Regarding financing of the project. Mr. Vines explained that there are three possible sources of funding - one being the existing County budget. another being from the SFWMD through the Big Cypress Basin, and the third source being the DER through the Pollution Recovery Trust Fund. At the .conclusion of the discussion with respect to funding, Mr. Vines commented that his instructions were not necessarily to seek authorization to spend money but to seek concurrence in February 6, 1979 support of the Program and the Board's authorization to enter into the necessary negotiations with DER, the Corps, and the District. Until this has been done. said Mr. Vines. and some progress made, the dollar amounts required in addition to the monies in the Golden Gate Estates Budget cannot be determined - if a modest amount of additional funds are needed, a decision will have to be made as to which account these funds will come from. if any. Commissioner Pistor commented that it might be wise to get some sort of declaratory judgement or opinion of tho County's legal responsibilities before the Board agrees to let the Program move ahead. Commissioner Archer pointed out that the Board would be endorsing the concept and project which has been agreed is needed. and approving the "courting" of the necessary funding agencies - and not allocating any funds. Commissioner Archer moved that the Board endorse the Interim Action Program for the Redevelopment of Golden Gate Estatp.s. as recommended. The motion was seconded by Commissioner Wenzel. County Attorney Pickworth observed that the action to be taken in adopting the recommendations contained in Mr. Vine's aforementioned memo- randum is the first step to be taken. noting that if the Board has not taken official action to endorse the Program, the various agencies mentioned by Mr. Vines cannot be approached for funds, permits, and the 1 He. Fiscal Officer Harold Hall clarified for the record that the Board is not authorizing any expenditure of funds at this point. Upon call for the question the motion carried 4/0 with Commissioner Wimer not present. ROUTINE BILLS - AUTHORIZED FOR PAYMENT Following Fiscal Officer Harold Hall's statement that the bills being presented for payment have been processed under established policies and that funds are available, Commissioner Wenzel moved. seconded by Commissioner Archer and carried 4/0 with Commissioner Wimer not present, that the bills be BOOK 045 PAvE 434 &oOK 045 PACE 495 February 6. 1979 approved for payment as witnessed by the following warrants issued from January 31. 1979 through February 6, 1979: .EY.@ General Fund InLerest & Sinking Improvement Revenue Certificate BCC Payroll County Warrants WARRANT "OS. 13 . 17 7 3 56105 . 56530 003715 . 003893 Mr. Hall brought to the Board's attention that. included in the routine bills, is an additional bill for OER Permit with regard to Willoughby Acres in the amount of $180, said OER Permit fees having previously been approved for payment. UUDGET AMENDMENT 79-39 TO APPROPRIATE FUNDS FOR PAYMENT OF JANITORIAL SERVICES FOR IMMOKALEE HEALTH CARE CENTER - ADOPTED IN THE AMOUNT OF $1.125 Commissioner Wenzel moved, seconded by Commissioner Archer and carried 4/0 with Commissioner Wimer not present, that Budget Amendment 79-39 to dppropriate funds for payment of janitorial services for the Immokalee Health Care Center to Collier Health Services, Inc., covering period January 1, to September 30, 1979. be adopted. .. .. .. .. * .. * .. .. * .. .. * .. .. .. .. .. .. .. .. BOOK 045 rA~r: 437 February 6, 1979 BOARD ENDORSES PROPOSED BILL REQUIRING MANDATORY IMPRISONMENT OF PERSONS CONVICTED OF POSSESSION OF CERTAIN CONTROLLED SUBSTANCES; LETTER RE ENDORSEMENT TO BE PREPARED FOR CHAIRMAN'S SIGNATURE AND FORWARDED TO LEGISLATIVE DE'.EGATION Commissioner Archer noted the receipt of a copy of a proposed bill being presented for action by the Florida Senate, reading from same, as follows: "A bill to be entitled an act relatinQ to possession of Fontrolled substances; adding Section 893.13(1)(h), Florida Statutes. requiring that persons convicted of possession of more than 100 pounds of cannabis be sentenced to and be required to serve a minimum of 3 year's imprisonment." Commissioner Archer moved that the Board strongly endorse the subject hill, forwarding expressions of this endorsement to the Legislative Delegation; and that the City of Naples, area civic groups. and the like, be provided with copies of the proposed bill and the Board's endorsement of same, requesting similar endorsement. which. hopefully, will result in the enaction of this particular piece of legislation. The motion was seconded by Commissioner Wenzel and carried 4/0 with Commissioner Wimer not present. BOARD AUTHORIZES ATTENDANCE BY ASST. COUNTY MANAGER, OR UNSPECIFIED COMMISSIONER TO ATTEND DNR WORKSHOP ON RECREATION NEEDS OF FLORIDA RESIDENTS TO BE HELD IN FORT MYERS, FLORIDA MARCH 14. 1979 Administrative Aide to the Board Mary Morgan noted the receipt of a m~morandum from Parks and Recreation Director, transmitting notice and agenda of the Parks and Recreation Workshop to be conducted by the State DNR which will be held in Fort Myers. Florida on March 14. 1979. The memorandum noted that the workshop will provide valuable insight into determining the recreation wants and needs of Florida residents. Commissioner Wenzel moved. seconded by Commissioner Pistor and carried 4/0 with Commissioner Wimer not present. that the Board authorize the attendance of a Board representative. such as Assistant County Manager or Commissioner. at the subject DNR Workshop. CERTIFICATE FOR CORRECTION TO 1978 TAX ROLL - APPROVED FOR CHAIRMAN'S SIGNATURE Commissioner Archer moved, seconded by Commissioner Wenzel and carried 4/0 with Commissioner Wimer not present, that the following Certificate for February 6, 1979 Correction on the 1978 Tax Roll be approved and that the Chairman be authorized to sign same: 1978 Tangible Personal Property ~ 41-1978 Qlli.Q. 1/31/79 CHAIRMAN AUTHORIZED TO SIGN "LOCAL GOVERNMENT AUTHORIZATION FORM" RE PRELIMINARY ENERGY AUDIT PROJECT BY REGION IX ENERGY ACTION COMMITTEE. SWFRPC Following brief explanation of same by Administrative Aide to the Board Mary Morgan. Commissioner Archer moved. seconded by Commissioner Pistor and carried 4/0 with Commissioner Wimer not present. that the Chairman be authorized to sign the Local Authorization Form expressing approval of the Preliminary Energy Audit Project by the Region IX Energy Action Committee of t.he Southwest Florida Regional Planning Council. and authorizing Florida Power & Light Company to provide the necessary data. as recommended in letter dated January 30, 1979 from Executive Director, SWFRPC. LOCAL GOVERNMENT AUTHORIZATION FORM ;i WE APPROVE OF THE PRELIMINARY ENERGY AUDIT PROJECT BY THE REGION IX ENERGY ACTION! COMMITTEE AND HEREBY' AUTHORIZE, FLORIDA POWER AND LIGHT COMPANY TO PROVIDE THE NECESSARY DATA. " ' LOCAL GOVE SIGNED: Commissioners TE: 2/6/79 RETURN TO: SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL 2121 WEST FIRST STREET FORT MYERS) FLORIDA 33901 800K 045 PAGE 438 800K 045 fACE 439 F,ebruary 6, 1979 CHAIRMAN AUTHORIZED TO SIGN LETTER TO U. S. CORPS OF ENGINEERS RE PELICAN BAY APPLICATION FOR PERMIT FOR FILL IN VICINITY OF UPPER CLAM BAY (SITE FOR PARK TO BE CONVEYED TO COUNTY) Commissioner Wenzel moved that the Chairman be authorized to sign a letter to the U.S. Corps of Engineers with respect to the Pelican Bay Application for a Permit for fill in the vicinity of Upper Clam Bay which is the site for the park which is to be conveyed to the County, and which is identical to the letter which was previously authorized. Commissioner Archer seconded the motion which carried 4/0 with Commissioner Wimer not present. BOARD ACCEPTS RESIGNATION OF MR. ROBERT FORSYTHE FROM EAC AND DIRECTS APPROPRIATE LETTER AND CERTIFICATE OF APPRECIATION BE PREPARED; ALTERNATE MEMBER WILLIAM MARLOW APPOINTED FULL MEMBER (TERM EXPIRING 12/31/~2); MR. STEVEN MARTIN APPOINTED ALTERNATE MEMBER Commissioner Archer moved, seconded by Commissioner Pistor and carried 4/0 with Commissioner Wimer not present, that the Board accept the resignation of Mr. Robert Forsyth!:! from the Environmental Advisory Council, as contained in the staff memorandum dated February 1, 1979, and that an appropriate letter and certificate of appreciation be prepared for the Chairman's signature. Commissioner Archer moved, seconded by Commissioner Wenzel and carried 4/0 with Commissioner Wimer not present, that present alternate member Mr. William Marlow of the EAC be appointed regular member with term expiring December 31. 1982. and that Mr. Steven Martin be apPOinted as alternate member on the Council. It was noted that Mr. Martin resides in Commission District 2. BOARD ACCEPTS RESIGNATION OF MR. BOBBY R. FOWLER FROM PARKS & RECREATION ADVISORY BOARD AND DIRECTS APPROPRIATE LETTER AND CERTIFICATE OF APPRE- CIATION BE PREPARED. ALTERNATE MEMBER JOHN A. IAMURRI APPOINTED FULL MEMBER; RESUMES TO BE SOLICITED FROM COMMISSION DISTRICT 5 FOR ALTERNATE MEMBER Commissioner Archer moved. seconded by Commissioner Pistor, that the Board accept the resignation of Mr. Bobby R. Fowler from the Parks & Recreation Advisory Board. as contained in his letter to the Board dated January 29, 1979; that an appropriate letter and certificate of appreciation be prepared for the Chairman's signature; and that alternate member John A. Iamurri be appointed full member on the advisory board. February 6, 1979 It was pointed out by the Chairman that Commission District 5 will not have repres~ntation on the subject board, and it was the consensus of the Board that resumes be solicited from that District to fill the position of alternate member. Upon call for the question the motion carried 4/0 with Commissioner Wimer not present. BOARD AUTHORIZES COMMISSIONERS' TRAVEL TO JACKSONVILLE, FLORIDA TO ATTEND STATE ASSN. OF COUNTY COMMISSIONERS MID-YEAR CONVENTION/SEMINAR TO BE HELD MARCH 8 THOUGH 10. 1979 Commissioner Wenzel moved, seconded by Commissioner Archer and carried , 4/0 with Commissioner Wimer not present. that the Board authorize the Commissioners' travel to Jacksonville, Florida to attend the State Associ- ation of County Commissioners Mid-Year Convention/Seminar to be held March 8 through 10. 1979. BOARD APPROVES MATERNITY LEAVE OF ABSENCE FOR EMPLOYEE OLIVIA URBINA MARCH 19 THROUGH MAY 11. 1979; AND MEDICAL LEAVE OF ABSENCE FOR EMPLOYEE L~ONARD SPINDLE Commissioner Archer moved that the Board approve maternity leave of absence for employee Olivia Urbina, Home Economics Department - Immokalee. from March 19. through May II, 1979; and medical leave of absence for employee Leonard Spindle. both having been recommended by staff. The motion was seconded by Commissioner Pistor and carried 4/0 with Commissioner Wimer not present. LAKE TRAFFORD MEMORIAL GARDENS CEMETERY DEED NO. 183 - 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. 183 was recorded and filed for the record: * * * * * ~O~~~ * * * * * * , aOOK 045 PACE443 February 6, 1979 11. Copy of Memorandum dated January 29,'1979 from County Engineer to County Manager re Roadway Study for Proposed East-West Connector between Carson Road and State Highway 29, Immokalee - filed. 12. Letter dated January 23, 1979 from John M. Bethea, Director, Division of Forestry, transmitting copies of Forest Resource Planning Issue Papers - xc letter and original Papers to County Manager for his review and determination of appropriate action. Original of letter - filed. 13. letter dated January 25. 1979 from David Kelly, V.P., Surety Construction Company. addressed to County Manager, expressing appreciation for assistance offered him from County staff - xc Personnel Department; and filed. 14. Letter dated July 24. 1978 from Fred P. Evans, Naples, congratulating the BCC for their action of 1/23/79 diSbanding the Consumer Affairs office - ffled. 15. Letter dated January 26, 1979 from Attorney Salvatore C. Scuderi transmitting copies of documents filed by Mr. and Mrs. Vaughn H. Champeau re "Whelk" train for Marco Island - xc Planning Director; and ffl ed. 16. Letter received January 29, 1979 from John F. Wynn, Naples, re removal of billboards - filed. 17. Letter dated December 7. 1978 from Cris Blunt, Chairman, Parks and P.~creation Adv~sory Board, re use of Mini-Mall at Gol~en Gate by P & R Dept. - filed. 18. Copies of January. 1979 Reports re Building Department, and Purchasing Department - filed. BOARD AUTHORIZES SETTLEMENT OF PENDING LAWSUIT RE DENIAL OF PEITIONER'S (WILLIAM D. COLLINS) CERTIFICATE OF COMPETENCY BY STAFF AND CONTRACTORS' LICENSING BOARD, AS OUTLINED BY COUNTY ATTORNEY County Attorney Donald Pickworth brought to the Board's attention the matter of a pending lawsuit. William D. Collins - Petitioner, vs. Board of County Commissioners. which he said has been "going on" for quite some time and involves a decision by staff and the Contractors' Licensing Board. He said that in this particular instance, the County's case is not real good, and that an agreement has been worked out with the petitioner which is fair to both parties to the lawsuit. and requested Board permission to resolve the matter, as follows: 800K 045 PACE 445 February 6, 1979 Commissioner Archer moved that, based on the County Attorney's recommendation, the subject lawsuit be approved for settlement, as outlined above. Commissioner Wenzel seconded the motion which carried 4/0 with Commissioner Wimer not present. BOARD APPROVES APPROPRIATION OF UP TO $5000 FOR PURCHASE OF. VARIOUS SUPPLIES FOR 1979 STATE SCIENCE AND ENGINEERING FAIR/SCIENCE TALENT SEARCH PENDING RECEIPT OF DOCUMENTATION Dr. Richard A. Felden. Edison Community College, addressed the Board with regard to the Florida State Science and Engineering Fair and Science Talent Search which will be held, for the first time in its history in Southwest Florida, specific~lly in Naples. from April 25 through 28, 1979. He explained the purpose of the State Science fair. the eligibility requirements for participation in the Fair by the qualified students, the benefits to be derived by the 2,000 entrants in attendance and, also. how the host community will be benefited. Dr. Felden outlined the costs involved in supporting the Fair. the services and monies a.lready acquired. and requested the Board to provid~ financial assistance in meeting the budgetary requirements. Dr. Gunnard Antell, speaking on behalf of the Collier County Branch of Edison Community College. recalled that approximately a year ago the Board voted overwhelmingly to support the Fair by their adoption of Resolution 78-42 and ~xpressed the desire of the sponsors that the Board will concur with them as to the worthiness of the project and contribute toward the fulfillment of the budget. He said that this support will illustrate the Board's interest in the future of the youth not only of Collier County but throughout the State. The type of support needed was discussed with Dr. Felden explaining that there is a need for various supplies. plaques, engraving, printing and the like. Fiscal Officer Harold Hall said that, if the Board agrees to pay for some of these expenses. the approach to take would be the payment of invoices or itemized statements, rather than a lump-sum contribution, which is not permitted. Commissioner Wenzel mov~d that the Board appropriate up to $5000 for the payment of miscellaneous expenses, such as plaques, engraving, printing. and the like, based upon itemized invoices, in support of the 1979 State Science February 6, 1979 and Engineering Fair/Science Talent Search to be hosted by Collier County. The motion was seconded by Commissioner Archer, following County Attorney Pickworth's assurance that such expenditure is proper since it will serve a County purpose. The motion carried 4/0 with Commissioner Wimer not present. Or. Felden expressed his gratitude to the Board for their assistance and said that he will work with Mr. Hall in providing itemized documents. PROPOSED RE-ESTABLISHMENT OF FISCAL ADVISORY COUNCIL TO BE SCHEDULED FOR FUTURE 1i0.BKS!!..oLSESS I ON Mr. Egon Hill. former member of the Fiscal Advisory Council, addressed the Board for the purpose of requesting their consideration of re-establishing a Fiscal Advisory Council - one which would be slightly different from the previous council in that it would be comprised of seven members, one for each Commissioner. the Clerk's office and the County Manager's office. He pointed out that there have been several matters deliberated over by the Board recently which might have been well to have been considered by such an advisory board to relieve the pressure on the Commissioners. Mr. Hill commented that the communi ty has recei ved a tremendous i nfl o\~ of II rea 1 high-powered peopl e" from outside businesses in the recent months who would be a help to the County. free of charge. if asked to serve on the council. Commissioner Archer suggested that the matter of re-establishing the council be workshopped prior to final action in order to establish guidelines and definite functions of such council. Commissioner Wenzel moved to approve the re-establishment of a Fiscal Advisory Board following a Workshop Session on the issue. The motion was seconded by Commissioner Archer and carried 4/0 with Commissioner Wimer not present. It was the consensus of opinion that Nr. Hill meet with County Nanager Norman to set up arrangements for a Workshop Session and that staff invite all interested parties to participate. '" '" * * * * * * * * * * * * '" '" * RECESS: 11:15 A.M. until 1:30 P.M. at which time Oeputy Clerk Edna Brenneman was replaced by Deputy Clerk Debbie Pantano. * * * * * * * * * * * * * * * * * MOK 045 Pf,GE 446 eoOK 045 PACE 447 February 6, 1979 CH2~1 HILL SELECTED AS CONSULTANT FIRM FOR THE DEVELOPMENT AND CONSTRUCTION OF EAST NAPLES SEWAGE COLLECTION; SMALLY, WELLFORD & NALVEN, INC. & RUSSELL & AXON SELECTED AS NO. 2 CHOICE; HOWARD, NEEDLES, TAMMEN & BERGENDOFF SELECTED AS NO. 3 CHOICE CH2M HILL Mr. Ted Smallwood, CH2M Hill. introduced himself and Mr. Dave Markey of the same firm and Mr. Tom Peek of Wilson, Miller, Barton, 5011 & Peek. He explained that Mr. Markey would take care of project design details.and that Mr. Peek's ffrm would be a subconsultant to his firm if selected. He briefly outlined his firm'c; "related experience" by referring to a displayed chart which included projects on wastewater management treatment facilities. the 201 Facilfties Plan and wastewater collection systems. He also noted certain projects undertaken by Wilson. Miller, Barton, Soll & Peek. Mr. Smallwood commented that his firm has had previous experience in the East Naples project havfng completed preliminary work on the project. as well as others fn the area. He also commented that CH2M Hill is capable of performing the work within ~he ti~~e and b'Jdget limits the County may have and that their staff is able to work in close coor~ination with the County's. Commissioner Archer referred to the experience connected with the North Naples area in that many streets had to be reconstructed. Mr. Smallwood stated he does not forsee the same situation occurring in East Naples. In response to Commissioner Wenzel, Mr. Smallwood stated his firm would probably hire out a single prime contractor to perform the related construction phases noting that on a previous project of this size it is not advantageous to hire several subcontractors. Commissioner Pistor expressed concern over a similar project in St. Peters- burg which supposedly does not recycle water for private lawn irrigation. Mr. Smallwood stated that problem is being worked out and offered to explain the procedure with the Commissioners at another time. Commissioners Pistor and Archer requested a Work Session be held concerning the matter. CONNELL. NETCALF & EDDY Mr. Tom Giles of Connell. Metcalf & Eddy introduced himself along with Tom Rooney and Nicolas Martina-Hilgarde also of the same firm. February 6. 1979 Mr. Rooney briefly outlined the firm's history and background along with similar project experiences. He responded to tho questionnaire that had been sent by the Board. Mr. Hilgarde explained his firm's computer technology and briefly outlined the procedure that would be followed if granted the project, stressing that this approach will save the County both in time and money. He submitted a sample engineering design made by the computer for the Commissioners to review as well as a written report on the firm's qualifications. Mr. Tom Rooney again expressed his firm's capabilities in performing the project noting that they would be working with Stanley Hole & Associates on this project. A brief discussion followed during which the Utility Director questioned some ..tatements made by one of the representatives regarding a completion timetable. HOWARD. NEEDLES. TAMMEN & BERGENDOFF Mr. Vernon Lynch introduced himself and Mr. Jim English as engineers from the firm of Howard, Needles, Tammen & Bergendoff and provided background information on the company, as well as related experience projects in which he has been involved. Mr. English briefly outlined the course of procedure his firm would take in the event they are granted the project. Mr. Lynch briefly responded to questions the Board had previously provided. He then submitted an "in-house" magazine for the Board's review. SMALLY, WELLFORD & NALVEN/RUSSELL & AXON Mr. Donald Smally. of Smally. Wellford & Nalven, Inc.. introduced Ted Sanders and Roger Woodruff explaining that his firm is making a presentation in a joint venture with the firm of Russell & Axon. He prOVided information re- garding the related work experiences the two firms have had, one of which was the project in Immokalee as well as their connection with the "201" planning. He also responded briefly to the letter/questionnaire previously received from the Board. pnr')( 045 p~~~ 448 aOOK 045 PACE 449 February 6. 1979 The time element was briefly discussed with Commissioner Archer commenting that the City of Naples has not as yet made any firm commitments with regards to the treatment facilities. Mr. Smally commented he feels his firm is best suited for the Job in that they have no "conflict of interest" with the project. The Commi~sioners submitted hand-written ranking ballots in order to sl:lect the consultant firm. The Utility Director received the ballots and tabulatpo th~ results. Commissioner Archer moved, seconded by Commissioner Pistor and carried unanimously 4/0 with Commissioner Wimer absent, that CH2M Hill be se~ected 1S the consultant firm for the East Naples Sewer Project with Wilson, Miller, Barton. So'l & Peek as sub-consultant. Commissioner Archer moved. seconded by Commissioner Pistor and carried unanfmously 4/0 with Convnissioner Wimer absent. that Smally, Wellford & Nalven, with Russell & Axon be selected as No.2 choice for subject project. Commissioner Archer moved, seconded by Commissioner Pistor and carried unanimously 4/0 with Commissioner Wimer absent. that Howard. Needles. Tammen & Bergendoff be selected as No. 3 choice for same project. ." ." ." ." ." .". ." ." ." ." ,., ." ." ." ." There being no further business for the good of the County, the meeting was adjourned by order of the Chair - Time: 2:50 P.M. BOARD OF COUNTY COMMISSIONERS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL ~~0 ., " \: , . ' , v: " , \ ~ ." ."