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BCC Minutes 02/13/1979 R Naples, Florida, February 13, 1979 " - LET IT BE REMEMBERED, that the Board of County Commissioners in and for the Cqunty 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 Thomas P. Archer ABSENT: C. R. "Russ" Wimer ALSO PRESENT: William J. Reagan (10:15 A.M.), Clerk~ Harold L. Ha", Chief Deputy Clerk/Fiscal Officer; Edna Brenneman, Deputy Clerk; C. William Norman, County Manager; Donald A. Pickworth. County Attorney~ Irving Berzon. Utility Director; Clifford Barksdale, County Engineer. Carl Clemmer, Zoning Director; Mary Morgan. Administrative Aide to the Board~ and Deputy Chief '1 Raymond Barnett. Sheriff's Department. ~ BOARD OF COUNTY COMMISSIONERS FINAL AGENDA February 13, 1979 REQUESTS TO ADDRESS THE BOARD OF COUNTY COMMISSIONERS, WHICH ARK 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 30, 1979 5. PROCLAMATIONS AND PRESENTATIONS OF AWARDS 6. SOCIAL SERVICES 7. ADVERTISED PUBLIC HEARINGS A. Revised final assessment roll for improvements to Taylor Road. (Cont. from 1/9/79 Agenda) (Engineering) February 13. 1979 AGENDA - APPROVED WITH ADDITIONS/DELETION Commissioner Wenzel moved. seconded by Commissioner Pistor and carried 4/0 with Commissioner Wimer not present, that the agenda be approved with the following additions and deletion: 1. Resolution honoring Dr. Allison J. Berlin (DeceAsed) - Added. 2. Changes in membership on Water I~nagement Advisory Board - Added. 3. Request by Mrs. Arthur S. Cooper, Jr. for hearing to contest nuisance abatement notice re Lots 45, 46. and 47. Slock 24. Unit 2. Naples Park Subdivision - Deleted. 4. Rate structure re leases of Immokalee Airport property - Added. MINUTES OF JANUARY 30. 1979 - APPROVED AS SUBMITTED Commissioner Pistor moved, seconded by Commissioner Wenzel and carried 4/0 with Commissioner Wimer not present, that the minutes of the January 30. 1979 meeting be approved as submitted. RESOLUTION 79-23 COMMENDING AND HONORING DR. ALLISON J. BERLIN (DECEASED) FOR SERVICE TO THE COMMUNITY - ADOPTED Commissioner Archer read a proposed resolution commending and honoring Dr. Allison J. Berlin. now deceased. for his service to the community. followfn! which Commissioner Wenzel moved the adoption of Resolution 79-23, as read. Commissioner Pistor seconded the motion which carried 4/0 with Commissioner Wimer not present. . . . . . * * * * * * * * * * * * . February 13, 1979 RESOLUTION 79-24 CONFIRMING THE PRELIMINARY (FINAL) ASSESSMENT ROLL FOR CONSTRUCTION OF PAVING IMPROVEMENTS OF TAYLOR ROAD. AND ESTABLISHING PAYMENT TERMS RE SAME - ADOPTED legal notice hAving been published in the Naples Daily News on January 21 and 28. 1979 as evidenced by Affidavit of Publication filed with the Clerk. public hearing was held to consider a proposed resolution confirming the Preliminary (Final) Assessment Roll for the construction of paving improvements for approximately 2.640 feet of roadway of Taylor ROAd from Pine Ridge north' to join existing black top in J. C. Industrial Park, as legally described therein. County Engineer Barksdale explained briefly the method of Assessing the properties to be included in the Taylor ROAd paving improvement project noting that an anlysis was made of the acceptable methods of assessment and it was determined that the diagonal method would be the most equitable method for distributing the costs. He said that by the use of this method. the front footagE is adjusted by thp depth ~f the parcels thus taking into consideration the square footage as well. Mr. Barksdale reco~ended that the Board approve the adoption of the assessment method described. and that the revised. final assessment roll for Taylor Road be approved. Mr. Philip C. Morse. Jr.. property owner, stated that he has no objection one way or another regarding the revised method of assessing the properties; however. he pointed out. that since it is a road improvement district only. and not for improvements for the drainage in the entire area. it is his opinion that the affected property owners are paying too much for the improvements to the road. Mr. Robert E. Doyle. Jr.. Attorney for property owner Robert Taylor. offered no objection on behalf of his client to the assessment but suggested that some consideration be given to crediting his client for the cost of the materials expended by Mr. Taylor for improvements made to the road fronting on his property. Mr. Barksdale observed that many of the p~operty owners on Taylor Road . , ' have made improvements to the road in order'to make it passable and to make a determination of how much each individual contributed for this purpose would be BOOK 045 PAGE.457 February 13. 1979 impossible. He also stated that no off-site drainage improvements were being made and that there were no costs involved in this regard. There being no further persons registered to discuss the matter. Conmissioner Wenzel moved, seconded by Commissioner Pistor and carried 4/0 with Commissioner Wimer not present. that the public hearing be closed. Commissioner Pistor moved, seconded by Commissioner Wenzel and cArried 4/0. Commissioner Wimer not being present. that Resolution 79-24, approving the revised Final Assessment Roll for construction of paving improvements of Taylor Road and setting fort~ the payment terms for the assessment of same. be adopted. . . . . . . . . . . * * * * * * * * . . * * . * * . February 13, 1979 RESOLUTION CWS-79-6 & CWS-79-7 CONFIRMING RESOLUTIONS CWS-79-1 & CWS-79-2 RE WILLOUGHBY ACRES - CONSTRUCTION OF WATER AND SEWER IMPROVEMENTS - ADOPTED Legal notice having been published in the Naples Daily News on January 28. 1979 as evidenced by AffidAvit of Publication filed with the Clerk. public hearing was conducted to consider proposed resolutions confirming Resolutions CWS-79-1 and CWS-7912 re construction of sewer and water improvements in the Willoughby Acres area in the County Water/Sewer District. Utility Director Irving Berzon reported that the total project cost estImate for construction of water improvements only is $391,653.50 or $8.76 per assessment foot. and for construction of sewer improvements only is $950.937.06, or $22.61 per assessment foot. He noted that a representative of the consultant firm was in attendance to respond to technical questions from the Board or the public. ~esponding to Commissioner Archer, Mr. Bcrzon said that to the best of his knowledge all reasonAble or practical possibilities for any type of financing assistance for the project have been looked into without success. Mr. Ralph A. Felton. project area resident, read in part from a prepared statement, offering the following matters for Board consideration: 1. Project resolutions are ambiguous in the District determination. 2. The proposed foot assessment is discriminatory against residents of the plotted area when considering the proposed commercial area and the Palm River Extension 12 acreage. 3. Various improprieties and incredibilities, among them: A. Difference between the footage for water and sewer service in the resolutions - 2.652.3 feet~ B. Non current need for water/sewer lines in certain designated areas; C. Consideration of addition to resolutions to render affected property owners harmless from further assessments due to other district obligations~ D. Consideration for inclusion of three residents of adjacent properties in the district~ E. Consideration of implications created by deviations from District norm due to engineering costs, sub-surface rock formations and unpaved streets in the apportionment of front-foot costs; F. Consideration of State and Federal assistance when available _ postponing project. if necessary. G. Discrimination against owners of lot 427 re use of septic tank system; 045 ~~461 February 13, 1979 Discussion followed about the use of septic tanks. with Commissioner Pistor stating that upon completion of central sewer systems throughout the coastal area of the County all such septic systems will have to be destroyed, as directed by the State. Mr. Berzon said that his responses to Mr. Felton's comments would be contingent upon further review. possibly with the aid of the County Attorney and the consultants, since he had not had the opportunity of being apprised of them prior to hearing them during the presentation. However, said Mr. Berzon, responding to certain questions raised. the overwhelming number of properties in the subject area are alnlost uniform in size and configuration, noting that they were not all examined on a square-footage basis. which can be done if the Board so directs. He also addressed the matter of compensatior. with regard to septic tanks. which he said has never been a policy in the past: the matter of discrepancies in the actual length of lines, noting that if there is an error it will be corrected, and various other statements made by Mr. Felton. Mr. Thomas Peek, of Wilson, Miller, Barton, Soll & Peek, Inc., Consulting Engineers. explained the method used in Assessing the properties, and also commented upon the reason for the difference between the water and sewer line footage which he said is because sewer is not being provided to the same extent as the water line. He request~d permission to review other comments made prior to responding to the specific matters. Mr. Geol'ge Harrison. Willoughby Acres resident. urged the adoption of the proposed resolutions and implementation of the improvements as soon as possible; the imposing of an impact fee on new construction only; restoration of driveways upon completion of the work; and. that an attempt be made. via Senator Lawton Chiles. to reconsider possible financial assistance for the project. County Attorney Pickworth advised that the subject impact fee will have to be imposed on all units existing and also on new construction. February 13, 1979 Mr. Guy Page. Willoughby Acres property owner, offered no objection to the improvement district but requested further information on arrangements for paying the assessment. the rate of interest. and the like, and, also requested that the property owners be permitted to identify the desired location for the pipes so that they would not be underneath driveways. Mr. Peek SAid that the contractor is to contact the property owners so that they can place a marker where they would like the pipes to be placed. Mr. Elwood Witt. local realtor and property owner, expressed the opinion that approximately 80% of the area property owners are desirous of having the improvements made as fast as possible, noting that "even if the cost is three times what was paid in the North Naples area it.is a bargain to us to get it for our future health". Mr. Peek reported to the Board that during the review process of the water line construction plans by the Florida Department of Environmental Regulation it was requested that the consultant re-evaluate one of the particular line sizes that connect to the system. In this re-evaluation process, Mr. Peek stated that the consultants concur that it would be in the best interests of the system if the water line along SR 846 from Airport to Euclid was increased from an 8" line to a 12" line. The increase in the line size, said Mr. Peek. will increase the assessment approximately $.45 per front foot for the water system only. for a total front foot assessment of $9.21. This change is necessary. continued Mr. Peek. and the minutes of the public heAring should reflect this adjustment. Upon County Manager Norman's advice that there were no further persons registered to address the public hearing, Commissioner Pistor moved that the public hearing be closed. Commissioner Archer seconded the motion which carried 4/0 with Commissioner Wimer not present. Commissioner Archer requested that a short recess be called in order to permit Messrs. Berzon and Peek to meet with the County Attorney to determine if there are any inconsistencies between the two resolutions as was alleged during the hearing. '. BOOK 045 PA'E463 February 13, 1979 * * * * * * * * * ." ." * * * * * " RECESS: 10:10 A.M. until 10:10 A.M. following which the ChAir directed that the matter under discussion be continued pending results of the consultations not as yet concluded. * * * * * * * * * * ." * ." * ." * Later in the session, Mr. Berzon and Mr. Peek reported that the apparent discrepancy between the water and sewer lines, commented upon by Mr. Felton, had been explained to him and. by referring to the bluepr1ntes, illustrated the reasons why the differences are necessary. Responding to Commissioner Archer, Count\' Attorney Pickwroth stated that, although Mr. Felton "had a point", the proposed resolutions are not defective, inconsistent nor fAulty. He said that the way the project is being handled is correct. Mr. Pickworth commented further that he would like the Board to note that in the resolutions the initial resolutions are being amended to provide latitude at a later time to make provisions for the most feasible and least costly method of pAyment of a~sess- ments. noti~g tha~ the ad~inistrative costs are part of the system ~nd the desire is to keep them as low as po~sible. Fiscal Officer Harold Hall requested verification that at this time the Board is not obligating any expenditure of funds with Mr. Berzon responding in the affirmative adding that the Board will be advised at a later date as to the amount of money which will be required. financing, and the like. Commissioner Archer moved that Resolution CWS-79-6, confirming Resolution CWS-79-1 ordering the construction of sewer improvements in the Willoughby Acres area in the County Water/Sewer District, be adopted. The motion was seconded by Commissioner Wenzel and carried 4/0 with Commissioner Wimer not present. Commissioner Archer moved that Resolution CWS-79-7, confirming Resolution CW5-79-2 ordering the construction of water improvements in the Willoughby Acres area in the County Water/Sewer District, be adopted. Commissioner Wenzel seconded the motion which carried 4/0 with Commissioner Wimer not present. ." * ." * * * ." * February 13. 1979 RESOLUTION 79-25 RE REQUEST BY THE DELTONA CORPORATION FOR THE VACATION OF A 12' DRAINAGE EASEMENT AND ACCEPTANCE OF AN ALTERNATE DRAINAGE EASEMENT. MARCO BEACH UNIT 11 - ADOPTED Legal notice having been published in the Marco Island Eagle on January 25. 1979 as evidenced by Affidavit of PublicAtion filed with the Clerk. public hearing was opened to consider a request by The Deltona CorporAtion for the vacation of a 121 Drainage Easement. and the acceptance of an alternate Drainage Easement, in Marco Beach Unit 11. County Engineer Clifford BArksdale briefly explained that the reason for the request is to utilize Lots 15 and 16 of Block 782. a rep1at of a portion of M~rco Beach Unit 11. as a single building lot, which necessitates the vacationing of said easement on this property. The alternate Drainage Easement being conveyed. said Mr. Barksdale, is the southerly 20' of Lot 13, Block 782 of said Replat. He said that letters of "No objection" have been received by the utility firms and that the Wat~r Management Advisory Board and the Engineering Department are recommending approval of the vacation request. Commissioner Pistor, noting thAt in view of the fact that there were no persons registered to speak on the matter. moved that the public hearing be closed. Commissioner Wenzel seconded the motion which carried 4/0 with Commissioner Wimer not present. Commissioner Archer moved to grant the request by The Deltona Corporation. as detailed in Resolution 79-25. and that the resolution be adopted. The motion was seconded by Commissioner Wenzel and carried 4/0 with Commissioner Wimer not present. * * * * . * . * * * * * * * February 13. 1979 RESOLUTION 79-26 RE PETITION V-79-1C BY ROBERT E. HARRINGTON TO INSTALL SCREEN ENCLOSURE AROUND EXISTING POOL ON LOT 9, BLOCK A, SECTION 2. SIG CYPRESS ESTATES & COUNTRY CLUB OF NAPLES - ADOPTED Legal notice having been published in the Naples Daily News on January 28. 1979 as evidenced by AffidAvit of Publication filed with the Clerk. public hearing was opened to consider a proposed resolution with regard to Petition V-79-1C by Robert E. Harrington to install a screen enclosure around an existing pool on Lot 9. Block A. Section 2. Big Cypress Estates & Country Club of Naples. Zoning Director Carl Clemmer explained the necessity for the variance and stated that the petitioner is requesting that he be permitted to construct the enclosure as he had originally planned to do at the time the pool was constructe He said that no response has been received from the Soard of Directors of the Big Cypress Estates & Country Club of Naples to request for concurrence; however a letter of "No objection" has been received from the subject property owners' association. It is the staff recommendation, said Mr. Clemmer, thAt the varfanc be granted. He noted thdt the petitioner was in attendance to respond to questions from the Board. .. There were no persons registered to speak on the matter. whereupon Commissioner Wenzel moved. seconded by Commissioner Pistor and carried 4/0 with Commissioner Wimer not present. that the public hearing be closed. Commissioner Pistor moved. seconded by Commissioner Wenzel and carried 4/0 with Commissioner Wimer not present, that the variance be grAnted. as contained in Resolution 79-26. and that SUbject resolution be adopted. * * * * * * * * * * * * * * * 045 rAGE475 February 13, 1979 RESOLUTION 79-27 RE PETITION V-79-2C SY ANTHONY J. MANES REQUESTING VARIANCE ON LOT 6. BLOCK 12. GOLDEN GATE CITY UNIT 1 - ADOPTED Legal notice having been published in the Naples Daily News on January 28. 1979 as evidenced by Affidavit of Publication filed with the Clerk. public hearing was held to consider a proposed resolution with regard to Petition V-79-2C by Anthony J. Manes requesting a variance of 3,000' on property located on Lot 6, Block 12, Golden Gate City Unit 1, to enable petitioner to construct a duplex home on the "RM-IA" zoned lot. Zonin9 Director Carl Clemmer briefly explained the necessity for a variance. pointing to the map of the property displayed. and stated that granting of the variance will not confer special privileges on the petitioner. noting that Mr. Manes was in attendance. He said that it is the staff recommendation that the variance be granted. There were no persons registered to oppose or support the petition. whereupon Commissioner Archer moved, seconded by Commissioner Wenzel and carried 4/0 with COl111lissior.!:!r Wim!!r not present, that the public hearing be closed, Responding to Commissioner Pis~or, Mr. Clemmer advised that there are other duplexes in the vicinity on all of the lots with the exception of Lot 4 which is vacant land. Commissioner Wenzel moved, seconded by Commissioner Archer and carried 4/0 with Commissioner Wimer not present. that Resolution 79-27 re Petition V-79-2C by Anthony J. Manes requesting a variance on Lot 6. Block 12, Golden Gate City Unit 1. be adopted. * * * * * * * * * * * * * * * * * * February 13. 1979 ORDINANCE 79-8 REGULATING THE MANNER OF OPERATION AND SPEED OF VESSELS IN THE UNINCORPORATED AREAS OF COLLIER COUNTY - ADOPTED Legal notice having been published in the Naples Daily News on January 25. 1979 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider a proposed ordinance which would regulate the manner of operation and the speed of vessels in the unincorporated areas of Collier County. Mr. Carl G1lzow. representing the Vanderbilt Beach Property Owners' Association, stated that his purpose in attending the hearing was to thank the Board for considering the proposed ordinance and to be assured that the North Naples waterways are to be included in the area of enforcement. noting that the property owners of Vanderbilt Beach are in accord with the much-needed ordinance and are cognizant of the difficulties to be encountered in enforcing it. Mr. Luther R. Atwell. Plantation Island re$ident, voiced support of the proposed regulations and explained the particular problems prevalent in this area caused for the most part by commercial-mullet boats. Filed for the record was a letter dated January 19. 1979 from Mr. Atwell which stated. in part. that the most workable solution to the problems mentioned are "No wake and speed in a combination". Brief discussion followed concerning the matter of maintaining steerage while at the same time controlling wake and speed with Mr.Atwell suggesting that if the speeding is stopped, the wake will also be curtailed. Further correspondence filed for the record was a letter daterl January 25. 1979 from G. H. Gaynor. Naples resident. suggesting that the proposed oi'dfnance should apply to all sections of the County from Gordon Pass to northern Naples Bay. All proponents and opponents of the proposed ordinance having been heard, Commissioner Archer moved. seconded by Commissioner Pistor and carried 4/0 with Commissioner Wimer not present. that the public hearing be closed. &OOl< 045 f'AGf479 February 13. 1979 Commissioner Archer moved that the ordinance, as numbered and titied below. be adopted and entered into Ordinance Book Ho. 9. The motion was seconded by Commissioner Wenzel and carried 4/0 with Commissioner Wimer not present. ORDINANCE NO. 79-1L-- AN ORDINANCE REGULATING THE MANNER OF OPERATION AND SPEED OF VESSELS IN THE UNINCORPORATED AREAS OF COLLIER COUNTY; PROVIDING FOR DEFINITIONS; A PROCEDURE TO DESIGNATE "NO l-lAKE-IDLE SPEED AREAS"; EXEMPTIONSj CONFLICT AND SEVERANCE; PENALTY AND EFFECTIVE DATE. PROPOSED HISTORICAL AND ARCHAEOLOGICAL PRESERVATION ORDINANCE - ADVERTISING AUTHORIZED FOR PUBLIC HEARING MARCH 13. 1979 Commissioner Wenzel moved, seconded by Commissioner Archer. that a proposed ordinance for the preservation of historial and archaeological arti- facts. and the like. be advertised for public hearing March 13. 1979. Commissioner Pistor expressed his desire that the ordinance will be written in such a way that the County will not find itself with the same problem as is being encountered in Lee County at the present with regard to the historical designation in the Estero community. Upon call for the question the motion carried 4/0 with Commissioner Wimer not present. CHAIRMAN AUTHORIZED TO EXECUTE LEASE OF IMMOKALEE AIRPORT PROPERTY WITH AIRWORK ENTERPRISES OF FLORIDA, INC. UNDER TERMS OUTLINED BY STAFF; POLICY RE FUTURE LEASES OF PROPERTY - APPROVED County Manager C. William Norman recalled that on January 23. 1979 a recommendation was brought to the Board for approval of a new lease for rental ofpropel'ty at the Immoka1ee Airport together with a policy for the purpose of calculating lease rentals for all future leases of the property. He said that during the negotiations of the lease with Afrwork Enterprises of Florida. Inc., which is being rewritten due to a change in ownership. it was learned that the valuation of the airport property. which had been the basis for lease rate structure for a number of years. was no longer applicable. The current valuation February 13, 1979 of the property, said Mr. Norman, is $10,000 per acre and it was the recommendation of the staff, in order to encourAge aviation-related activities on the property. that the basis for rentAl would be based on 50% of the appraised value. However. said Mr. Norman, it was the Board's decision that the property should be leased on the basis of the true value. The lessees hAve indicated that 10~ of the current valuation of the land, or $1,000 per acre, is more than they can "swing" and have requested reconsideration by the BOArd, said Mr. Norman. and the proposed policy drafted by his staff is again being presented for further consideration. Following additional brief discussion. Commissioner Wenzel moved. seconded by Commissioner Pistor and carried 4/0 with Commissioner Wimer not present. that the Lease between the County and Airwork Enterprises of Florida. Inc. for Immokalee Airport property be approved for Chairman's signAture under the terms of the sliding scale contained in the Executive Summary, dated JAnuary 18, 1979. as prepared by the County Manager's staff~ and that future lease rat.es for Immoka Airport property be set at 10% of 50% of th! appraised value at the time the lease is negotiated. as detailed in the aforementioned Executive Summary. LICENSE TO CARRY A CONCEALED WEAPON (GUN PERMIT '79-5) - APPROVED FOR ISSUANCE TO JAMES LOUIS MACRI Following brief explanation by Countj' Manager Norman of the reasons for requested subject license. Commissioner Wenzel moved, seconded by Commissioner Pistor and carried 4/0 with Commissioner Wimer not present. that the request for a license to carry a concealed weapon by James Louis Macri be approved and that Gun Permit #79-5 be issued. CETA TITLE VI PROJECTS (FOSTER HOME CARE LICENSING PROJECT, CHILD CARE WORKER TRAINEE PROJECT, AND TRAINING AND APPRENTICE PROGRAM - FARMER'S MARKET) - APPROVED TO BEGIN 2/19/79 THROUGH 9/30/79 C~mmissioner Wenzel moved. seconded by Commissioner P1stor and carried 4/0 with Commissioner Wimer not present. that the following CETA Title VI Projects. all of which have been approved by the Office of Manpower Planning. be given Board approval. to begin February 19. 1979 through September 30. 1979: aoox 045 PAG[\ 481 February 13. 1979 1. Foster Home Care licensing Project Department of Health & Rehabilitative Services 2. Child Care Worker Trainee Youth Haven 3. Training and Apprentice Program Farmer's Market WAIVER OF BID PROCESS FOR PURCHASE OF BOOKS AND PERIODICALS FOR COUNTY LIBRARY SYSTEM - APPROVED Following brief explanation by County MAnAger Norman of the reasons why the request is being made. Commissioner Archer moved that the bid process for the purchase of books and periodicals for the County Library System be waived. as detailed by library Director in his memorandum dAted January 29. 1979. Commissioner Wenzel seconded the motion which carried 4/0 with Commissioner Wimer not present. REQUEST BY MRS. ARTHUR S. COOPER. JR. FOR HEARING TO CONTEST NUISANCE ABATEMENT RE CERTAIN LOTS IN UNIT 2. NAPLES PARK SUBDIVISION - WITHDRAWN DUE TO STAFF ERROR It was explained by staff that the request by Mrs. Arthur S. Cooper. Jr. re Lots 45, 46, and 47. Block 24. Unit 2, Naples Park Subdivision was withdrawn due to an error by the Zoning Department staff in designating the subject lots. said properties not requiring attention. PROPOSAL TO AMEND PLANNING DEPARTMENT BUDGETED PERSONNEL POSITIONS BY DELETING ONE PRINCIPAL PLANNER POSITION AND ADDING AN ASSOCIATE PLANNER POSITION - APPROVED Commissioner Archer moved. seconded by Commissioner Wenzel and carried 4/0 with Commissi~ner Wimer not present, that the Planning Department budgeted personnel positions be amended by the deletion of one Principal Planner position and the addition of one Associate Planner position. as requested by staff. REVISIONS OF PERSONNEL POLICY ON METHOD OF ACCRUING VACATION AND SICK LEAVE HOURS - APPROVED Following brief explanation by County Manager Norman, Conmissioner Wenzel moved. seconded by Commissioner Pistor and carried 4/0 with Commissioner Wimer not present, that the Board approve a new Section 15 II for the Personnel Practices February 13, 1979 and Policies manual which will establish a flat 15 days of sick leave per year of employment based on 26 pay periods, as detailed and recommended in the Executive Summary dated February 9, 1979, as prepared by staff. PROPOSED POLICY FOR ACCUMULATION OF SICK LEAVE SECTION 15 II A. 15 days sick leave with pay shall be earned for each year of employment. Accrual will be based on .577 days or 4.62 hours of sick leave earned tor each 1/26 of the employee's annual salary earned. B. Sick leave may be aocumulated up to 90 working days (720 hours). C. Accrual of sick leave shall be calculated from the date of hiring. RW/sjC/F/8 cty. Manager's Dept. 2/9/79 ------.- A~(~4~" ; .,. JIWroved by HOC 2/13/79 N~,./.Q.=:( , Oote/..::.::l : RENEWAL OF CONTRACT WITH THE COLLIER SPORTS OFFICIALS ASSOCIATION OF NAPLES. FLORIDA FOR 1979 - APPROVED Commissioner Archer moved. seconded by Commissioner Wenzel and carried 4/0 with Commissioner Wimpr not present, that the annual Contract with the Collier Sports Officials Association of Naples. Florida for 1979 be approved for the Chairman's signature. Responding to Commissioner Wenzel's inquiry. Fiscal Officer Harold Hall explained that the fees paid the officials, as contained in the terms of the Contract. is a County budgeted item; however, it is fully funded by registration fees, and the like. February 13. 1979 APPEAL BY DONALD POLEN OF CONTRACTORS. LICENSING BOARD DECISION RE DENIAL OF CERTIFICATE OF COMPETENCY - DECISION OVERTURNED - CERTIFICATE GRANTED Attorney Charles Allen, substituting for the Petitioner's Attorney Guion T. DeLoach, reviewed the background information provided by Mr. Donald Polen which he asked the Board to consider when acting upon Mr. Polen's appeal of the decision by the Contractors' Licensing Board to deny him a Certificate of Competency. Briefly. said Mr. Allen. Mr. Polen applied in 1977 for an Occupational License as a specialty contractor for installation of insulation but was told that there was no classification for this work and that he did not need an Occupational License. Therefore, said Mr. Allen, Mr. Polen continued operating his business until he was called before the Licensing Board regarding taking a competency test since he did not fall within the purview of the "grandfathering" provision of the newly-adopted ordinance. Mr. Allen referred to the documentation of the events and conversations which have taken place suggesting that such evidence should be considered by the Board when making their decision regarding the appeal by Mr. Polen. It was observed by Commissioner Wenzel~that the amount of work done by the appellant in the field of insulation should be sufficient to establish his competency. Commissioner Archer expressed his agreement with Commissioner Wenzel's comment; however, he said that granting a Certificate would not be in compliance with the pertinent ordinance with Assistant County Attorney Dillon concurring. Mr. Dillon added that the Licensing Board did not have all of the documentation. which has since been secured. to take into consideration wh~n the decision was made to deny the aforementioned Certificate. The matter was further discussed with Commissioner Wenzel suggesting that due to the possible misinterpretation of the various conversations. and the like. that the citizen be given the benefit of the doubt and granted his Certificate of Competency. The motion was seconded by Commissioner Pistor and carried 4/0 with Commissioner Wimer not present. BOOK 045 PACf.485 February 13, 1979 OFFER BY MR. HERB FRIES (COUNTY EMPLOYEE) FOR POSSISLE SETTLEMENT OF LEGAL PROBLEMS RE SEWER DISTRICT "A" - DENIED Mr. Herb Fries prefaced his presentation with the statement that "This is my last day of employment with the County" and stated that he had come before the Board to obtain their permission to try to have the North Naples Water/Sewer District created 'legal. noting that the District has been declared illegal. For this service to the County, Mr. Fries said that his price would be $75.000. Commissioner Pistor commented that the matter is in the Supreme Court of Florida at the present time and thAt it might not be wise to interfere with the due process of law. County Attorney Pickworth observed that Mr. Fries is a good. vublic-spirited citizen and. if he wishes, he is free to proceed ~n his own. how~ver. as far as the County getting involved, he would strongly advised against it. follo~ling additional brief discussion. Commissioner Archer moved that the Board express appreciation to Mr. Fries for his offer but, in view of the fact that the matter is in litigation before the Supreme Court. there is no choice but denial of the offer. Commissioner Pistor seconded the motion which carried 4/0 with Commissioner Wimer not present. Mr. fries inquired if the Board objects to his working on the project on his own with Commissioner Wenzel responding that he is free to do so as a private citizen. Mr. Berzon requested assurAnce that there would be no "tying up of any of the County staff" on the project with Mr. Fries responding that there would be none. BOARD APPROVES REQUEST FOR SOLE SOURCE ACQUISITION OF VIDEO DISPLAY TERMINALS FROM BEEHIVE INTERNATIONAL RE DATA PROCESSING EQUIPMENT Mr. Fred Marks. Data Processing Director, explained briefly his request for sole source acquisition of video displ~ terminals. as detailed in the Executive Summary prepared by him. dated February 7. 1979. It is the staff recommendation. said Mr. Marks. that the Board approve the fOllowing: FebruAry 13. 1979 1. Authorize the sole source acquisition of ten (10) MCB video displ~y terminals from Beehive International~ 2. Authorize the Chairman to sign the Maintenance Agreement with Beehive International upon receipt and review by the County Attorney. And 3. Authorize the Chairman to sign addendums to the basic Agreement as recommended by the Director of Data Processing and after review by the County Fiscal Officer. Commissioner Wenzel moved to follow the staff recommendation. as outlined above. The motion was seconded by Commissioner Pistor and carried 3/0 with Commissioner Archer not present at the time of the vote, and Commissioner Wimer absent. In response to Commissoner Wenzel. Mr. Marks said that the qualifications of the firm and the quality of the material has been checked. Fiscal Officer Harold Hall observed that the Data Processing Director obtaining hiqh quality terminals at a price of less than $1,000 each is quite an accomplishment for the County. ..;... PALM RIVER ESTATES UNIT 7 (RIVER OAKS) WATER AND SEWER LINES - APPROVED FOR ACCEPTANCE; VARIOUS DOCUMENTS RE SAME RECORDED AND/OR FILED FOR THE RECORD Utility Director Irving Berzon stated that the water and sewer lines in Palm River Estates. Unit 7 (River Oaks) have been built in compliance with County standards and have been tested and certified to be in good working order by the consulting engineers representing the developer. Commissioner Archer moved. seconded by Commissioner Wenzel and carried 4/0 with Commiss1~r1er Wimer not present, that the Palm River Estates Unit 7 (Rivsr Oaks) water and sewer lines be accepted, and that the following document! be recorded and/or filed for the record: 1. One set of "as-built" record drawings of the newly constructed water and sewer lines within Palm River Estates Unit 7. 2. An executed statement from Charley Toppino & Sons, Inc., contractor. providing a guarantee on all materials and workmanship for a period of one year from the date of acceptance of the water and sewer lines by the County. 3. Certificate of Release of Liens. February 13, 1979 SHENANDOAH ESTATES PHASE I WATER LINES. APPROVED FOR ACCEPTANCEj VARIOUS DOCUMENTS RE SAME RECORDED AND/OR FILED FOR THE RECORD Utility Director Irving Berzon advised that the Board is being requested to accept the water lines which hAve been recently constructed along Hawaii Boulevard and within Shenandoah Estates Phase I. He said that reliance is being placed on the consulting engineers as to certification of the conditio~ of the lines and the construction, the engineers in this case being Tri-County Engineering. Commissioner Wenzel moved. seconded by Commissioner Pistor and carried 4/0 with Commissioner Wimer not present, that the water lines in Shenandoah Estates Phase I be approved for acceptance. and that the follc~ing documents re same be accepted for recording and/or filed for the record: 1. One set of as-built (record) drawings of the water lines within the easements of Shenandoah Estates Phase I and along Hawaii Blvd. in the vicinity of Shenandoah Estates Phase I. 2. A copy of the Condominium Plat of Shenandoah Estates Phase I. 3. A list of the customers and/or property owners of Shenandoah Estates. 4. The Deed. 5. The Easement Document., 6. Contractor's Affidavit and Release of Lien. 7. Engineer's Verification of Final Costs. 8. A copy of the test results of the water lines. 9. A letter from th~ Department of EnvironmentAl Regulation stating that the water lines are bacteriologically cleared. 10. Letters from the material supplier. Davis Meter & Supply. certifying that the materials meet certain standards. 11. Contractual Guarantees with applicable dates. 12. Certification of Contributions in Aid of Construction. 13. Certification from the Engineer of Record that the water lines have been pressure tested and are bacteriologically cleared. * * * * * . * * 800K ()~~ PA'E~~f) February 13. 1979 BOARD APPROVES LIST OF WATc~ RESOURCE PROJECTS FOR THE SUBMISSION TO DER FOR FEDERAL FUNDING CONSIDERATION. UTILITY DIRECTOR AUT1~ORIZED TO TRAVEL TO TALLAHASSEE TO MAKE PRESENTATION IF DEEMED APPROPRIATE Utility Director Irving Berzon explained briefly the list of water resource projects which may have potential for receiving Federal funding assistance for the Federal FY 1981 and recommended that the Board approve the list, as follows: 1. Wiggins Pass Dredging 2. Beach Erosion Control 3. County Water Treatment and Transmission System 4. Golden Gate Estates Water Resource Redevelopment Study 5. Water Control Structures along County Salinity Barrier Lines It was moved by Commissioner Wenzel that the Utility Director submit the list to the Department of Environmental Regulation. and that authorfzatfr be given for him to travel to Tallahassee, ff necessary, in connection with the matter. The motion was seconded by Commissioner P1stor and carrfed 4/0 with Commissioner Wimer not present. BOARn AUTHORI7.E) ADOrTIONAL PRESSURE TESTING AND EXPENDITURF. OF FUNDS UP TO $500 FOR SUBJECT TESTING BY CONSULTING ENGINEERS RE MARCO WATER AND SEWER UTILITY EVALUATION AND APPRAISAL Utflity Director Irving Berzon explained that under the terms of the contract between Stanely W. Hole & Associates. Inc. and the County, there was a provision that the Consultfng Engineers for the Marco Water and Sewer Utility Evaluation and Apprafsla were to do some pressure testing of the system which has been carried out, noting that four of the five tests have failed. The consultants recommended. and he concurred with the recommendatio said Mr. Berzon. that the firm proceed with five additional tests to estab1is the physical condition of the system based on sample anAlysis of the system's ability to withstand pressure. It is being recommended. said Mr. Berzon. that the Board approve the additional testing and the expenditure of funds up to $500. Commissioner Archer moved, seconded by Commissioner Wenzel, that the Board follow the recommendation of staff and approve the testing and expendit of funds. February 13, 1979 Commissioner Pistor. commenting that the consultants might have used poor judgement in their selection of the test sites. suggested that the additional funds should be borne by the consultants. Consultant Stanley W. Hole explained why the particular areas were chosen for the test sites suggesting that, in hindsight their guess was 900d since the sites which were chosen did fail, and. in testing it is not done to prove something is right but rather to find problem spots. Following discussion, the Chairman called for the question on the motion on the floor which carried 3/1 with Commissioner Pistor voting in opposition and Commissioner Wimer not present. Commissioner Pistor inquired AS to when the report would be completed with Mr. Hole explaining that they have not as yet received the plans for certain areas of the District being served by the utility company. however. these plans should be available shortly and appraised. In response to a further question by the Commissioner. Mr. Berzon said that includecl in the quoted price were $3,500.000 worth of addit1-onal facilities which were never identified. BOARD ACTION TAKEN 1/23/79 ADOPTING RESOLUTIONS NOS. MWS-79-1 AND MWS-79-2 RE MARCO WATER AND SEWER DISTRICT PHASE I SEWER CONSTRUCTION - RESCINDED; REVISED RESOLUTIONS NOS. MWS-79-3 AND lolWS-79-4 RE SAME - ADOPTED; REVISED TENTATIVE APPORTIONMENT OF THE ESTIMATED COST (FEBRUARY 1979) - ACCEPTED FOR THE RECORD Utility Director Irving Berzon explained that revised resolutions ordering the construction of as~essable improvements and fixing the date. time and place of the public hearing. to be :~arch 20. 1979, with regard to the Marco Water and Sewer District Phase I Sewer Construction, were necessitated due to an Arithmetic and typographical error in the tentative apportionment of cost roll and the total estimate of the project cost. He said that rather than to possibly encountering problems with the vdlidity of the resolutions previously adopted. revised resolutions are being presented for Board action. Commissioner Wenzel moved. seconded by Commissioner Pistor and carried 4/0 with Commissioner Wimer not present. that the Board action taken January 23. 1979 &OOK 045 PAGE4'!7 February 13, 1979 wherein Resolutions Nos. MWS-79-1 and MWS-79-2 ordering the con~truction of assessable sewer improvements and fixing the date, time and place for a public hearing in connection with the Marco Water and Sewer District, Phase I Sewer Construction, be rescinded. Commissioner Pistor moved, seconded by Commissioner Wenzel and carried 4/0 with Commissioner Wimer not present. that Resolution MWS-79-3, initiating a program for the purpose of providing sewer improvements in the Marco Water and Sewer District of Collier County, Florida, be adopted~ that Resolution MWS-79-4 fixing the time and place for public hearing on the confirmation of District Resolution MWS-79-3 to be March 20. 1979, be adopted~ and that Revised Tentative Apportionment of the Estimated Cost (dated February 1979). be accpeted for the record. Regarding advertising. County Attorney Pickworth advised that legal advertising is a requirement; however, individual notices to the property owners are not required. Commissioner Pistor said that. in addition to the legal advertisement. he would like the Chair to direct that a 1/4-page advertisement be published two different weeks in the Marco Eagle adviSing of the pUblic heAring. There were no objections to the request and Chairman Brown so directed. In response to Fiscal Officer Harold Hall's questions. Mr. Berzon said that there are no funds being committed by the adoption of the Resolutions. fit * fit fit fit fit fit * fit fit fit fit fit fit fit fit * * * February 13. 1979 ROUTINE BILLS - AUTHORIZED FOR PAYMENT Following Fiscal Officer Harold Hall's statement that the bills being presented have been processed under establf shed policies, and that funds are available, Commissioner Archer moved. seconded by Commissioner Pistor And carried 4/0 with Commissioner Wimer not present, that the bills be approved for payment as witnessed by the following warrants issued from February 7, 1979 through February 13. 1979: FUND General Fund Road & Bridge '2 Golden Gate I & S Collier County Fire District Assessment & Utility Clearing Special MSTD's Collier County Lighting Marco Water & Sewer Aquatic Weed Golden Gate Fire Ochopee Fire District CETA Water Managem~nt Sewer Dist. "An Assessments Sewer Dist. "A" Revenues Special Road Assessments CC Water/Sewer Utility Division Municipal Service Taxing Dist. Grants & Gifts Capital Improvement County Water System County Water Supply Intra-Governmental Services Systems Development Clearing ImmokA1ee MVI General Revenue WARRANT NOS. 18 - 20 9 3 3 21 - 27 3 4 2 3 3 3 6 7 4 - 5 5 3 - 4 1 7 8 2 3 3 2 5 - 7 1 003894 - 004182 BUDGET AMENDMENT 79-40 TO APPROPRIATE FUNDS FOR SEALING OF GOLDEN GATE COMMUNITY CENTER PARKING LOT - ADOPTED IN THE AMOUNT OF $1.675 Commissioner Wenzel moved. seconded by Commissioner Pistor and carried 4/0 with Commissioner Wimer not present, that Budget Amendment 79-40 to appropriate funds for the sealing of the Golden Gate Community Center parking lot be adopted. in the amount of $1.675. * * * * * * * * * * February 13. 1979 BUDGET AMENDMENT 79-41 TO APPROPRIATE FUNDS FOR PURCHASE OF BENCH DIAL SCALE RE MAINTENANCE DEPARTMENT - ADOPTED IN THE AMOUNT OF S3S0 Commissioner Archer moved. seconded by Commissioner Pistor and carried 4/0 with Commissioner Wimer not present, that Budget Amendment 79-41 to appropriate funds for the purchase of a Bench Dial Seal. fo the Maintenance Department be adopted in the amount of $380. * * * * * * * * * * * * * . * * * * * * * * * * * * February 13. 1979 CLERK REPORTS ON SUFFICIENCY OF CONSTITUTIONAL OFFICERS' BONDS; ALSO COMMENTS ON INSURANCE COVERAGE RE ERRORS. OMISSIONS. AND THE LIKE Clerk William J. ReAgan reported that the sufficiency of Constitutional Offic Bonds has been reviewed and the situation is "status quo" as of lAst time, noting that FmHA may. at a later date. require the Commissioners and the Clerk to have an increase in Bond. At that time. said Mr. Reagan, the Board will be so notifiec Mr. Reagan also advised that the State is looking at insurance policies for Commissioners and other Constitutional Officers concerning errors and omissior and. if anything further develops in this regard, the Soard will be so advised. BOARD APPROVES AWARDING THE PUBLICATION OF THE 1978 DELINQUENT TAX LIST TO THE NAPLES STAR Commissioner Archer moved that. in line with the policy established by the Board. the publishing of the 1978 Delinquent Tax List be Awarded to the Naples Star newspaper. Commissioner Wenzel seconded the motion which carried 4/0 with Commissioner Wimer not present. BOARD ACC~PTS RESI~NATION OF WILLIAM WALTERS FROM WMAB EFFECTIVE 2/1ti/79; APPROPRIATE LETTER AND CERTIFICATE OF APPRECIATION TO BE PREPARED~ STEPHEN G. MITCHELL APPOINTED TO WMAB TO COMPLETE UNEXPIRED TERM. AND TO SERVE ADDITIONAL FOUR-YEAR TERM EXIPIRING IN APRIL. 1983 Commissioner Wenzel moved. seconded by Commissioner Pistor and carried 4/0 with Commissioner Wimer not present, that the Board accept with regret the resigna tion of Mr. William Walters from the Water Management Advisory Board, effective February 15, 1979. and that an appropriate letter and certificate of appreciation be prepared for the Chairman's signature. Commiss~oner Pistor stated that. in view of the fact that there are many projects underway in District 1. it is his opinion that Mr. Walter's replacement should be someone who is familiar with the County and its projects. as well as~ those in District 1. and, therefore, moved to appoint Mr. Stephen G. Mitchell as a regular member on the WMAB to complete the unexpired term of Mr. Walters. and to serve an additional four-year term, said term to expire in April 1983. The motion was seconded by Commissioner Archer and carried 4/0 with Commissioner Wimer not presen t. ~~.;.w-~~ ~ 14 "a/z.oI1' " /"'"". BOOK 045 PAGE 515 February 13. 1979 RECEIPT OF SOUTH CENTRAL FLORIDA HEALTH SYSTEMS COUNCIL. INC. "HEALTH SYSTEMS PLAN" 1979- NOTED AND FILED FOR THE RECORD~ NEGOTIATIONS TO BE MADE FOR PERSONS TO FILL VACANCIES ON THE COUNCIL'S BOARD OF DIRECTORS Administrative Aide to the Board Mary Morgan stated that along with the copy of the South Central Florida Health Systems Council's "Health Systems Plan" - 1979. is a request for nominees to serve on the Council's Soard of Directors and emphasizing female consumer representation. It was the consensus of the Board that publicity to this effect be circulated and to let it be known that anyone wishing to serve on the Council should contact the Board. CERTIFICATES OF CORRECTION TO TAX ROLLS - APPROVED FOR CHAIRMAN'S SIGNATURE Commissioner Wenzel moved. seconded by Commissioner Pistor and carried 4/0 with Commissioner Wimer not present. that the following Certificates for Correction on Tax Rolls be approved for the Chairman's signature: NOS. .Q&;Q 1974 Tax Roll 001 1/5/79 1975 Tax koll 001 1/5/79 1976 Tax Roll 001 1/5/79 1977 Tax Ro 11 001 1/5/79 1978 Tangible Personal Property 42 - 1978 2/9/79 1978 Tax Roll 137-138 11/20/78 242 - 243 1/9179 302 1/15/79 303 1/17/79 306 - 307 12/27/78 308 - 315 12/28/78 316 1/17/79 317 12/28/78 318 - 321 12/29/78 322 - 329 1/2/79 330 - 336 1/3/79 337 - 339 1/4/79 340 - 341 1/5/79 345 1/23/79 346 - 347 1/10/79 348 1/11/79 349 - 350 1/12/79 351 - 354 1/17/79 355 - 356 1/18/79 357 1/10/79 358 - 372 1/19/79 374 1/23/79 375 - 376 1/24/79 377 1/17/79 378 - 380 1/24/79 381 1/4/79 February 13, 1979 1979 Tax Roll 1979 Tax Roll ~ 382 - 383 384 - 3S5 387 - 393 395 396 397 - 404 405 406 - 407 408 373 344 DATED 1/24/79 1/25/79 1/26/79 1/19/79 1/26/79 1/31/79 2/1/79 1/3/79 2/5/79 1/10/79 1/10/79 COMMISSIONER WENZEL REAPPOINTED TO SERVE ON COLLIER COUNTY MENTAL HEALTH CLINIC BOARD OF TRUSTEES Commissioner Archer moved, seconded by Commissioner P1stor and carried 4/0 with Commissioner Wimer not present. that Commissioner Wenzel be reappointed to the Board of Trustees of the Collier County Mental Health Clinic, Inc. BOARD APPROV~S REOPENING OF NEGOTIATIONS RE STATE ACQUISITION OF JANES SCENIC DRIVE County Manager Norman stated that he has conferred with Sheriff Hogers and County Attorney Pickworth regarding the"closing of Janes Scenic Drive, as directed by the Board. He said that it is their opinion that the Drive should not be closed at this time and that it is appropriate to reopen negotiations with the State for State acquisition of the property. Mr. Norman requested thdt he be authorized to relay this information to Ney C. Landrum. Director. Division of Recreation and Parks. DNR. Commissioner Wenzel moved, seconded by Commissioner Archer and carried 4/0 with Commissioner Wimer not present. that Mr. Norman be authorized to invite the aforementioned Mr. Landrum to confer with County stAff with regard to the reopening of negotiations with the State re possible State acquisition of Janes Scenic Drive. MISCELLANEOUS CORRESPONDENCE - FILED AND/OR REFERRED There being no objection, the Chair directed that the following correspondence be filed and/or referred to the various departments as indicated: February 13, 1979 15. Petition received (copy) for the record February 13, 1979 signed by Goodland residents who support the move to provide fire protection for their community - filed. 16. Copy of letter dated February 5. 1979 from thi City of Naples Airport Authority to State Senator Vernon C. Holloway, SenAte Transportation Committee containing Projects and estimated costs for same for County airports - filed. 17. Copy of letter dated January 30, 1979 from Dr. William W. Cox, Director, Collier County Health Department to County Manager re exemplary performance of duty by Maintenance Director Lowell Raines and two staff members - xc to Personnel for their files; and filed. 18. Monthly departmental reports for January, 1979 from: A. Building Department B. Museum C. Stockade D. CETA (First four months of Fiscal Year, 1979) E. Homemakers Service monthly project output report, and F. Homemakers Serivce monthly receipt and expenditure report LAKE TRAFFORD MEMORIAL GARDENS CEMETERY DEED NO. 185 - 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. 185 was recorded and filed for the record: . . * * * * * * * * * * . * . * . . * * February 13, 1979 There being no further business for the good of the County, the meeting was adjourned by order of the Chair - Time: 12:05 P.M. BOARD OF COUNTY COMMISSONERS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DI TRIerS UNDER ITS CONTROL ATTEST: .,Y.l l\UlLu.lA,,~. J. REAGAN. CLER~ , ~ -: 'l '.',.. // ~.' d/~;,b'07~ . '. () , ,. .:.