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BCC Minutes 06/05/1979 R Naples, Florida, June 5, 1979 LET IT bE REMEMBERED. that th. Board of County Commi~sioners 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 "Fit of the Courthouse Complex with the following members present: CHAIRMAN: David C. Brown VICE-CHAIRMAN: Clifford Wenzel John A. Pistor C.R. "Russ" Wimer Thomas P. Archer ALSO PRESENT: William J. Reagan. Clerk; Harold L. Hall, Chief Deputy Clerk/Fiscal Officer. Edna Brenneman. Deputy Clerk; C. William N~rman. County Manager. Neno J. Spagna, Community Development Administrator; Irving Berzon, Utility Director. Anthony Pires, Assistant County Attorney; Mary r~rgan, Administrative Aide to the Board. Rollie Rice. Director of Parks and Recreation. Clifford Barksdale, County Engin~er; and, Deputy Chief Raymond Barnett, Sheriff's Department. AGENDA BOARD OF COUNTY COMMISSIONERS FINAL AGENDA June 5, 1979 NOTICE: ALL PERSONS SPEAKING ON ANY AGENDA ITEM MUST REGISTER PRIOR TO THE ITEM BEING BEARD. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED TO THE COUNTY MANAGER AT LEAST ONE WEEK PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS" AT 11:00 A.l'I. 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF AGENDA 4. APPROVAL OF MINUTES: May 22, 1979 5~ PROCLAMATIONS AND PRESENTATIONS OF AWARDS eoo~ ()( 7 PACE at BOOK 047 PACE OZ June 5. 1979 6. SOC1AL SERVICES 7. ADVERTISED PUBLIC HEARINGS 8. OLD BUSINESS 9. REQUESTS FOR ADVERTISING A. Rescheduled hearing re: proposed resolution to create San Marcos Boulevard Water District. (7/17/79) (continued from 4/17/79 Agenda). B. Rescheduled hearing re: Petition V-78-24-C, Dudley Goodlette representing Michael Micelli: request for waiver of the 3 acre requirement for "mi" Group Housing, for Lots 1 - 6, Block G, unit 2, Conner's Vanderbilt Beach Estates. (7/17/79) (continued from 4/3/79 Agenda). 10. COUNTY MANAGER'S REPORT A. COUNTY MANAGER (1) Report and recommendation on enforcement of concealed pistol licensing ordinance and recommended revisions to Ordinance 78-15. B. ENGINEERING (1) Recommendation to accept petition to establish Road Improvement District for Hamilton Road. C. PLANNING (1) Recommendation of Citizens' Advisory Committee for Collier County Transit Study to suspend stud.y until "straw vote" is held re: County subsldy of costs of a pUblic transit system. (2 ) Petition PU-79-2-C, Richard Boyd: request for provision"l Use (No.3) of the "RS-4" Single Family District for a child care center on Lot 23, Block 2, Marco Highlands, which is generally located at the NE corner of Third Avenue and Marco Lake Drive. (Con- tinued from 5/22/79 Agenda). D. PARKS AND RECREATION (1) Recommendation to authorize four additional permanent grounds keeper positions. teOK. O~ PAGE ~ June 5. 1979 AGENDA - APPROVED WITH ADDITIONS Commissioner Wenzel moved, seconded by Commissioner Pistor and unanimously carried, that the agenda be approved with the following additions: 1. Report on North Marco Utility Co., Inc. Franchise. 2. Public petition by Ms. Carrin Fogelgren opposing granting of variance in Twin Lakes Subdivision. 3. Discussion of dress code for summer months. MINUTES OF MEETING OF MAY 22. 1979 - APPROVED Commissioner Wenzel moved. seconded by Commissioner Pistor and carried unanimously 5/0, that the minutes of the May 22. 1979 meeting be approved as submitted. PROPOSED RESOLUTION TO CREATE SAN MARCOS BOULEVARD WATER DISTRICT (CONTINUED FROM 4/17/79) - RE-ADVERTISING AUTHORIZED FOR PUBLIC HEARING JULY 17, 1979 Commissioner We~zel moved, seconded by Commissioner Pistor and unanimcusly carried 5/0. that the proposed resolution to create the San Marcos Boulevard Water District, public hearing continued from April 17. 1979. be re-advertised for public hearing July 17. 1979. PETITION V-78-24C, DUDLEY GOODLETTE REPRESENTING MICHAEL MICELLI, REQUESTING WAIVER OF 3-ACRE REQUIREMENT FOR "GH" FOR LOTS 1-6. BLOCK G, UNIT 2. CONNOR'S VANDERBILT BEACH ESTATES (CONTINUED FROM 4/3/79) - RE-ADVERTISING AUTHORIZED FOR PUBLIC HEARING JULY 17. 1979 Commissioner Wenzel moved, seconded by Commissioner Pistor and unanimously carried 5/0, that Petition V-78-24C. by Dudley Goodlette, representing Michael Micelli, requesting a waiver of the 3-acre requirement for "GH" Group Housing for Lots 1 through 6, Block G, Unit 2. Connor's Vanderbilt Beach Estates. public hearing continued from April 3, 1979. be re-advertised for public hearing July 17, 1979. ENFORCEMENT OF CONCEALED PISTOL LICENSING ORDINANCE - STAFF DIRECTED TO ENFORCE EXISTING ORDINANCE (NO. 78-15)i APPLICATION FEE TO BE INCREASED TO $75.00 County Manager C. William Norman, referring to the Executive Summary dated May 22. 1979. reviewed the results of an examination into the County's pistol- licensing procedure. and ways and means of improving same, as requested. Among June 5. 1979 the issues which need further consideration. said Mr. Norman. are as follows: 1. What is the correct interpretation of the legislative intent of the Board in adopting the provisions of Ordinance 78-15. 2. To what degree should the staff exercise discretion in deter- mining whether or not an applicant meets the criteria of the ordinance, and how should such proceedings be presented to the Board; and, 3. Are the present provisions of the ordinance sufficient to ensure adequate investigation and regulatory action? Mr. Norman explained what is being recommended regarding proposed changes in forms, procedures and the ordinance itself. During the discussion which followed, Commissioner Wenzel obs!rved that a citizen of good repute should not have to explain why he is in need of a permit to carry a concealed weapon, taking into consideration the high crime level prevalent. Commissioner Wimer suggested that additional provisions in the ordinance, in his opinion, are not needed, adding that he would like to have the present crdinance enforced. He voiced his agreement to the suggested revisions to the ordinance wherein a person would be disqualified for a permit upon conviction for a misdemeanor involving the use of a firearm. and also, that the permit is not valid while the permittee is a guest of a patron of any commercial bar or saloon where the primary business is the sale of alcoholic beverages. Commissioner Wenzel moved that the present ordinance "stand as is" and that the Chairman instruct the staff to enforce said ordinance. Commissioner Wimer seconded the motion. The matter of increasing the permit fees was deliberated upon, as recommended. with Commissioner Wenzel amending his motion. and Commissioner Wimer his secon1ing thereof, that the fee be increased to $75.00 per applicant - new and renewal. Upon call for the question, the motion carried unanimously 5/0. It was the consensus of the Board that the suggested revisions to the ordinance be brought back to the Board for a public hearing. BeCK ~1r PAGE ()!i BeOK D47 PAGE 06 June 5, 1979 PETITION TO ESTABLISH HAMILTON ROAD IMPROVEMENT DISTRICT - ACCEPTED; STAFF DIRECTED TO PREPARE PRELIMINARY FEASIBILITY REPORT AND COST ESTIMATE County Engineer Clifford Barksdale explained that a petition has been recei from the property owners abutting Hamilton Road for the establishment of a road improvement district. The road is approximately 2500 feet long, he said, and is a newly-improved limerock road within an existing 60' dedicated right-of-way and serves eight abutting property owners. Mr. Barksdale added that a verificat of the petition indicates that 62.5% of the abutting property owners have signed Responding to Commissioner Wenzel, Mr. Barksdale said that a cul-de-sac will be included in the design and that it can be constructed within the 60' r1ght-of-wa Commissioner Archer moved, seconded by Commissioner Wimer and unanimously carried 5/0. that the petition requesting the establishment of a road 1mprovemen district for Hamilton Road be accepted, and that the Engineering Department be authorized to prepare the preliminary feasibility report and cost estimates for future presentation to the Board. BOARD AUTHORIZES CONTINUATION OF COLLIER COUNTY TRANSIT STUDY, AND DIRECTS THE MATTER BE PLACED ON FUTURE REFERENDUM/STRAW VOTE BALLOT Community Development Administrator Neno Spagna explained that the second p of the four-phase FDOT Transit Study has been completed and that it is indicated that there would be operating dp.fic1ts connected with all of the four various mo. studied as a means for providing bus services to the citizens of the County. He said that it is being recommended by the Citizens Advisory Committee, which was established to evaluate the study, that the transit study be suspended and that. Board authorize a referendum, or straw vote, be held to determine if the citizenl would be willing to subsidize a public transit system; also, that the Committee I given a prominent role in the preparation of the ballot question to be voted UpOI Commissioner Wenzel pointed out that a certain sum was allocated by the Boal with regard to the study and, by stopping in the middle of the study, the taxpay. would not be getting "their money's worth-. Or. Spagna commented that another factor to be considered is that if Phase 3 of the study is not completed, althou~ it was not specified that it had to be completed, the County may be dropped down Jun, 5, 1979 the priority list in the event the County is determined to be eligible for a grant. Commissioner Archer suggested that unless Phase 3 is completed the facts would not be available for a vote on the plan most beneficial to the County. Following further brief discussion, Commissioner Wimer moved. seconded by Commissioner Wenzel and unanimously carried 5/0. that the subject Transit Study be continued and then be placed on a straw ballot/referendum. BOARD ACCEPTS CHECK IN THE ~'OUNT OF $903.09 FROM NORTH MARCO UTILITY CO., INC. REPRESENTING 1% FRANCHISE TAX FROM PREVIOUS THREE TAX YEARS; DUE DATE TO BE CHANGED TO FEBRUARY 28 EACH YEAR, AS REQUESTED BY FRANCHISEE Mr. Fred H. Smith, President of the North Marco Utility Co., Inc., reading fr a prepared letter setting forth the provisions of Section 16 of the Sewer Franchis Agreement between Collier County and North I~arco Utility, datefl April 20, 1971, which pertains to the payment of the 1% Franchise Tax to the County, said 11abilit to begin 30 days after the sixth anniversary date of the Franchise, and continuing thereafter. He said that the anniversary date went by without either the utility nor the County being aware of the liability. Mr. Smith presented a check in the amount of $903.09 to Clerk William Reagan. said check representing the 1% Franchise Tax for the firm's fiscal years 1976-77, 1977-78 and 1978-79. gross sale for the three years totaling $90,309. Mr. Smith requested that the anniversary due date be set back from April 20 of each year to February 28 of each year to coincide with their fiscal year. Commissioner Wenzel moved, seconded by Commissioner Pistor and unanimously carried 5/0. that the Board approve the request by the Franchisee regarding the change in annual due date for remittance of the 1% Franchise Tax. It was pointed out by Assistant County Attorney Pires that both parties will have to agree to the change in due date and an addendum to the Franchise be brough back to the Board for final approval. PETITION PU-79-2C, RICHARD BOYD, REQUESTING PU(3) OF "RS_41t DISTRICT, ON LOT 23, BLOCK 2. MARCO HIGHLANDS, MARCO ISLAND, FOR ESTABLISHMENT OF A CHILD CARE CENTER - DEll I ED Community Development Administrator Neno Spagna located the property in Question, with regard to Petition PU-79-2C,as being Lot 23, Block 2, Marco Highlan BOCK 04'1 PAGE rn b.../\ 04'1 PACE r8 June 5, 1979 more specifically located at the northeast corner of Third Avenue and Marco Lake Drive, and said that the petitioners, Richard and Barbara Boyd, are desirous of establishing a child care center thereon. He said that the petition was reviewe( by all of the appropriate review agencies and recommended for approval subject to certain stipulations. Further, sAid Dr. Spagna. the Coastal Area Planning Commission held its public hearing on May 3, 1979 And recommended approval of the subject petition by a vote of 5/2, the dissenters voting ~n opposition because they felt that thp. ~pntpr intrudp.d into the residential area and ~hould be in a commercial d1strict, in their opinion. Dr. Spagna reviewed briefly the stipulations abovementioned with the comment that the staff is recommending a~proval of the petition subject to said stipulations. He noted that a number of petitions have been received, one containing approximately 280 signatures in favor of granting the provisional use, a petition in opposition to the request, and 27-28 letters some of which are in favor and some opposed to the petition. Mrs. Barbara Boyd, Petitioner, addressed the Board and provided specific details concerning the proposed child care center, including the qualifications of the staff. the type of activities planned, hours of operation, the reasons for choosing the subject location for the center, and the like, and emphasized the need for the center on ~larco Island, particularly one which will "take" very young chl1 dren. Mrs. Boyd read letters of support for the project from the following realtors: 1. Marshall S. Frenkel - Viva International Realty Corporation 2. Leonard F. Llewellyn, President - ~~rco Beach Realty, Inc. Mrs. Boyd emphasized that the center does not belong in a commercial area as has been suggested, but rather in a residential home-like atmosphere, citing professional opinions to support her statement. Read into the record by Mrs. Boyd were the following names of adjacent residents who do not object to the location. one way or the other: 1. Linda Arthur 2. Doyle Doxsee family 3. Mrs. Ringo 4. Scott Kenyon 5. Butch and Brenda Cameron 6. Jim and Elaine Moore 7. Linda Anders June 5. 1979 8. Te~ Haftel 9. Ted Haftel. Jr. 10. Jan Hood 11. Mr. and Mrs. Oan Laphan (also letter filed for the record) 12. Jeanie Pauley 13. Jeanie Jenkins 14. Mrs. Croston Mrs. Boyd also read a letter supporting the establishment of a day care center in the proposed location from Mrs. Bernard Ross. A further communication was read by Mrs. Boyd which she said was forwarded along with a petition to Commissioner Pistor. from Ms. Evelyn Ryall. and enclos1n~ an advlrtisment which appeared in the l1arco I~land Eaglc ~uggc~ting that thc arca 1~ growing and that change requires adjustment to accommodate conditions. In conclusion, Mrs. Boyd expressed her hope that the petition would be judged on its merits without regard to political consequences. The following spoke in opposition to the petition: 1. Jacques Roseng 2. Ramona Borshoff 3. Irene Pritchard 4. Evelyn Ryall 5. Capt. Jim Lowe (presented petition plus letter of opposition from Carl Fruchtemeyer) 6. James Square 7. John Passidomo 8. Jean Starling Speaking in support of the provisional use petition were the following individuals: 1. George Frazer 2. Leigh Plummer 3. Debbie Lubberger 4. Rev. Ted Wuerffel 5. Susan Doyle 6. Joan White Addressing some of the comments brought out by the speakers. Commissioner Wimer inquired if a provisional use is considered to be spot zoning or a variance with Dr. Spagna stating that a provisional use for a child care center is a permftte use in the "GRC" District as well as residential districts. Commissioner Wimer reviewed the residential zoning districts all of which permit provisional uses for churches, schools and child care centers and questioned why such use is encourag by the planning staffs. Dr. Spagna explained that this is to permit such establishments close to the area's use, noting that historically and traditionally BGCK 047 fAGE 09 BeCK 04'1 fAGE to June 5, 1979 day care centers were conceived and looked upon as a service for the people in the immediate area. Noting that the planning staff and the CAPC recommended approval of the provisional use being requested, pursuant to various stipulations imposed, Commissioner Wimer moved that Petition PU-79-2C by Richard and Barbara Boyd, requesting PU(3) of the IRS-4" District for the establishment of a child care center on Lot 23, Block 2, Marco Highlands. Marco Island. be approved subject to stipulations. The motion was seconded by Commissioner Brown. The motion failed, following roll call voto 1/4 with Commissioners Brown. Archer. Wenzel and Pistor voting in opposition. PUBLIC PETITION BY MS. CARRIN FOGELGREN OPPOSING RECENT VARIANCE GRANTED IN TWIN LAKES AREA - DECISION BY BOARD UPHELD Ms. Carrin Fogelgren addressed the Board for the purpose of protesting the recent granti~g of ~ variance for the construction of four duplexe~ in the Twin Lakes area, citing as her reasons the fact that such construction will downgrade the area, there was no hardship shown by the developer. and. also, the fact that the adjacent property owners were not individually notified of the public hearing regarding the variance. Speaking for a significant number of homeowners in Twin lakes, Ms. Fogelgren asked that the variance be withdrawn. Commissioner Wenzel moved that the Board action taken with regard to granting the variance under discussion be rescinded due to the fact that the affected land- owners were not notified of the public hearing and, therefore. had no chance to express their opinion. The motion was seconded by Commissioner Pistor. Assistant County Attorney Pires commented that. in his opinion, such action cannot be taken, noting that the matter was heard in a public hearing. and that the avenue of redress would be for the Circuit Court to attack the decision by the Board. Zoning Director Carl Clemmer explained that the law does not require that each person be notified by letter commenting that the newspaper advertisement of the public hearing was sufficient. There was no action taken on the motion. June 5. 1979 Among the matters briefly touched upon in the ensuing discussion was the original zoning of the area which was originally platted for duplex residences, whether or not a hardship other than monetary was shown by the petitioner. the present characteristics of the neighborhood, and whether or not. since the vote to grant the variance was not a unanimous decision. the property owners should be able to request the Board to reconsider their action. County Attorney Pickworth stated that if building on the lots has commenced. there is nothing which can be done; however, if not. and it is the Board's desire to hold further hearings on the matter, the Board can administratively direct that no building permits be issued for the present. Following additional brief discussion. Commissioner Wenzel ~ved that the Bullding Department be instructed to "hold up" issuing building permits, notify the developer. and hold an open hearing the following week. Commissioner Pistor seconded the motion which failed 2/3 with Commissioners Archer. Wimer and Brown voting in opposition. ADDITIONAL PERSONNEL FOR PARKS AND RECREATION DEPARTMENT. AND TRANSFER OF $11.180 FROM GENERAL FUND TO FUND POSITIONS - AUTHORIZED Parks and Recreation Director Rollie Rice reviewed the need for the additional positions, namely four additional permanent groundskeeper positions. which are being requested, pointing out the lack of permanent personnel necessitating the reliance on CETA employees which is not satisfactory. the acres of County properties to be maintained; the miles of travel by his crews required to maintain the government facilities, and the like. He said that it will require $11,180 to fund the four positions until the next budget year. When asked to comment on the source of funding for the additional personnel. Fiscal Officer Harold Hall advised that the Contingency Fund would be the only source. He reviewed the status of the subject fund. pt)1nting out that there may be some large amounts to be appropriated from it in the next couple of months. However he said that if the Board feels that the additional personnel is something which is needed, the transfer of funds can be made. bOOK 047 I,\:~ .11 ~~~U June 5, 1979 Commissioner Wenzel moved tor upproval of the additiona of four positions in the Parks and Recreation Department, and the transfer of $11.180 from the General Fund (Contingency Fund). The motion was seconded by Commissioner Archer and unanimously carried 5/0. RESOLUTION 79-90 TO RECOVER FUNDS EXPENDED BY THE COUNTY TO ABATE A PUBLIC NUISANCE ON LOT 4. BLOCK 37. UNIT 4, NAPLES PARK - ADOPTED It was moved by Commissioner Archer and seconded by Commissioner Wenzel, that Resolution 79-90 to recover funds expended by the County to abate a public nuisance on Lot 4. Block 37, Unit 4, Naples Park Subdivision, be adopted. The motion carried unanimously 5/0. * * * * * * * * * * * * * * * * * * * * * * * * * ~~~a June 5, 1979 NEW POSITION FOR HEAD CUSTODIAN IN IMMOKALEE - TENTATIVELY APPROVED; FISCAL OFFICER TO PRESENT BUDGET AMENDMENT FOR SAME Following brief explanation by County Manager Norman regarding the need for same, Commissioner Wenzel moved, seconded by Commissioner Pistor and unanimously carried 5/0. that the Board tentatively approve a new position for Head Custodian to be utilized in Immokalee maintenance activities. and that the Fiscal Officer present an appropriate budget amendment for same at the June 12. 1979 meeting. CONTRACT FOR JANITORIAL SERVICES BETWEEN DHRS AND BCe - AUTHORIZED Commissioner Archer moved, seconded by Commissioner Wimer and carried unanimously 5/0, that the Board approve the renewal of the De~artment of Health and Rehabilitative Services contract with the Coun~ for janitorial services, and that the Chairman be authorized to sign same, as recommended by staff. * * * * * * * . * . . * * . . * * * * * * * * * * June 5, 1979 SALE OF 22 EACH 10.25 VOTING MACHINES TO R.F. SCHROUP CORPORATION IN THE AMOUNT OF $11,000 TOTAL PRICE - APPROVED County Manager C. William Norman reported that an offer has been received for the purchase of the balance of the '10.25 Voting Machines at $500 each, or a total of $11,000 and that it is the staff recommendation that the offer be accepted. Commissioner Wenzel moved, seconded by Commissioner Pistor and unanimously carried 5/0, that the Board approve the sale of 22 110.25 Voting Machines to the R.F. Schroup Corporation in the amount of $11,000. as recommended. Mr. Norman commcn tcd thl1 t Purchas i n9 i) i rector Frank ~I1l cox shou 1 d be commended on the very succl!ssful program for the sale of the County's surplus voting machines. ROUTINE BILLS - AUTHORIZED FOR PAYMENT Commissioner Archer moved, seconded by Commissioner Wimer and unanimously carried 5/0. that the bills be approved for payment as witnessed by the following warrants issued from May 30, 1979 through June C, 1979: FUND Road & Bridge '2 Federal Revenue Sharing Improvement Revenue Intragovernmental Services BCC Payroll - CETA General Revenue WARRANT NOS. 22 19 5 8 60688 - 60888 7531 - 7702 FISCAL OFFICER REPORTS ON SUFFICIENCY OF CONSTITUTIONAL OFFICERS' BONDS Fiscal Officer Harold L. Hall reported that the Constitutional Officers' Bonds have been reviewed, noting that they are the existing Bonds, and that they are sufficient, as they were in January, 1979. FISCAL OFFICER REPORTS ON STATUS OF 1979-80 BUDGET PREPARATION Fiscal Officer Harold L. Hall reported on the status of the 1979-80 budget preparation. as directed by the Board of County Commissioners in the Budget Fiscal Policy adopted by the Board on May 1. 1979, and provided the Board with a listing of budgetary units which have not submitted budgets by June 4, 1979, as set forth in the budget schedule. He noted that it is expected that there will be 161 . ~\ 047 fACE 17 aCOK 0'1 ti\Cf 18 separate budgets in the tentative budget which will be submitted by Clerk William Reagan on July 15, 1979. Of these 161 budgets. said Mr. Hall, 15 of them are of the "fixed type" which leaves 146 budgets for Board review and action, of which 119 have been received with 27 yet to be submitted. He said that he has June 5. 1979 been assured that the remaining 27 budgets will be coming in shortly. Mr. Hall reviewed the remaining time schedule and said that there is no reason why the Board will not have a good, relatively "clean" budget to work with by July 15, 1979. lie said that the staff has done a great Job in this regard, and that the Commissioners will be very pleased with the way the staff has responded to the Board's Fiscal Policy, adhering to it in th~ preparation of the budgets. Mr. Hall stated that it is doubtful that a further status report will be needed prior to July 15. however, if for any reason it becomes necessary, a further report will be forthcoming. COUNTY MANAGER TO PREPARE DIRECTIVE REGARDING MALE DRESS CODE FOR SUMMER MONTHS Commissioner Archer stated that, pursuant to comments by various staff members, he prepared a memorandum, under date of June 4, 1979, to the Board concerning a dress code for County employees for the summer months. suggesting that the male employees adopt a more casual and comfortable style of dress, i.e. slacks and sports shirts, as opposed to shirts. ties and suits. He noted that it was previously directed that the thermostats at the Courthouse be set at 780 during the summer months with respect to air conditioning which will. hope- fully, result in a decrease in the consumption of electricity and ultimately a decrease in costs for same. It was suggested by Commissioner Wenzel, and the Chair so directed, that the County Manager prepare a directive to this effect for circulation. RESIGNATION OF DONALD CONDEE FROM CONTRACTORS' LICENSING BOARD _ ACCEPTED; APPROPRIATE LETTER AND CERTIFICATE OF APPRECIATION AUTHORIZED FOR CHAIR~'S SIGNATURE; ALTERNATE MEMBER ROBERT C. UTTER APPOINTED REGULAR MEMBER Commissioner Archer moved, seconded by Commissioner Wenzel and unanimously carried 5/0, that the letter of resignation, dated May 25, 1979, from Donald E. June 5, 1979 Condee, Contractors' Licensing Board. be accepted, and that an appropriate letter and certificate of appreciation be prepared for Chairman's signature; also, that Alternate ~~ber Robert C. Utter be appointed as Regular Member on said Board. CHAIRMAN AUTHORIZED TO SIGN SERVICE AGREEMENT BETWEEN MARCO ISLAND AND GOODLAND FIRE CONTROL DISTRICTS FOR PERIOD 3/12/79 TO 9/30/80 Commissioner Wenzel moved, seconded by Commissioner Pistor and unanimously carried 5/0, that the Chairman be authorized to sign the Service Agreement between the Marco Island Fire Control District and the Board of Goodland Municipal Fire District, conmencing March 12, 1979 and terminating September 30. 1980. * * * * * * * * * * * * * * * * * * * * * * * * * * * , ~~ ~ oJ' aOCK 0.7 PACE 2Z June 5. 1979 BOARD APPROVES CONTINUATION OF SUPPORT OF CONGREGATE MEALS PROGRAM, AND DIRECTS STAFF TO PROVIDE $3.000 IN NEW FISCAL BUDGET REQUEST FOR THIS PURPOSE Commissioner Archer moved, seconded by Commissioner Pistor and unanimously carried 5/0, that the Board consider the continuation of its support of the Congregate Meals Program and directs the staff to provide $3,000 in the 1979-80 Budget request for this purpose, as requested by Project Director Dee Talty, Tri- County Nutritio~ Program, Immokalee Service Programs. Inc., in her letter to the Board dated May 29, 1979. REQUEST BY FDNR FOR REDUCTION IN CONNECTION CHARGE AND HONTHLV RATE RE CONNECTION TO SEWER AREA "A" SYSTEM - DENIED; CHAIRMAN AUTHORIZED TO SIGN APPROPRIATE RESPONSE TO FDNR Administrative Aide to the Board Mary Morgan made reference to the request from the Florida Department of Natural Resources, dated May 29. 1979. requesting connection of the Wiggins Pass State Park to the Sewer Area "A" sewer system and that consideration be given for the reduction in the sewage connection charge and monthly rate for their usage. Utility Director Irving Berzon explained that he has been in communication with DNR, outlining the charges and the reasons for them. He said that the figures quoted with regard to the monthly charge were as lenient as possible. and that in the case of the connection charge there is a specific locked-in charge per toilet. He said that all government entities are treated the same. noting that such utility systems are almost private systems supported from revenues raised and that bonds are sold with certain conditions prescribed. Commissioner Wenzel moved that the Utility D1rector1s position on the request by the FDNR be supported, and the the Chairman be authorized to prepare an appropriate response to this effect. The motion was seconded by Commissioner Pistor and carried unanimously 5/0. FDER BIOLOGICAL ASSESSMENT RE DELTONA CORPORATION, FILE NO. 11-17896. FOR PROJECT LOCATED AT SOUTH END OF MARCO ISLAND READ INTO THE RECORD AND PROJECT APPROVED; RESOLUTION 79-91 RE SAME - ADOPTED Administrative Aide to the Board Mary Morgan read into the record the following Florida Department of Environmental Regulation Biological Assessment re File No. 11-17896, Deltona Corporation dredging and filling project in connection with the June 5, 1979 seawall stabilization and fill at the south end of Marco Island, commonly known as the Old Tracking Station Site: * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ~ PACt 13 * 8GC~ uGOK ~Jr rACE ~l) June 5. 1979 Commissioner Pistor noted that the project. as outlined in the above biological survey, is different than the ~roject discussed by him with the Deltona Corporation several months ago. explaining briefly his interpretation of the project. Dr. Jay Harmic. County Environmentalist, agreed with the Commissioner. noting that the first plan was changed and a second plan submitted to the staff and has been agreed upon. Responding to Commissioner Wenzel, Dr. Harmic said that the project is one which the public will be asked to comment upon via announcement5 from the OER and the Corps to those persons on the mailing list. noting that the comment period is probably over for the subject project. He said that he is not knowledgeable concerning what comments have been forthcoming. Commissioner Pistor moved that the project under discussion be approved and that the Chairman be authorized to sign Resolution 79-91 to this effect. The motion was seconded by Commissioner Archer and unanimously carried 5/0. * * * * * * * * * * * * * * * * * * * * * * * * BeCK 04-7 PACE 2B June 5, 1979 SIXTY DAYS EXTRA GAIN TIME RE INMATE NO. A32550 - APPROVED Commissioner Archer moved, seconded by Commissioner Wimer and unanimously carried 5/0, that sixty days extra gain time be approved for County Jail Inmate #A32550, establishing his release date as June 26. 1979, upon recommendation by Jail Supervisor and approved by Sheriff Aubrey Rogers. LAKE TRAFFORD MEMORIAL GARDENS CEMETERY DEEDS NOS. 190 AND 191 - FILED FOR THE RECORD P"r""~nt to ~ctfon of thp. Board January 10, 1978 whp.re1n thp. Ch~frmlln Wile; authorized to sign various deeds to Lake Trafford Memorial Gardens Cemetery lots as the need arises, the following Deeds Nos. 190 and 191 were recorded and filed for the record: * * * * * * * * * * * * * * * * * * * * * * * * June 5, 1979 FINAL PLAT p~ CONSTRUCTION OF VICTORIA PARK UNIT II CARUSCAN (FLORIDA) INC.- APPROVED FOR RECORDATION. IRREVOCABLE LETTER OF CREDIT 1676 FOR $606,000 _ ACCEPTED. CHAIRMAN AUTHORIZED TO SIGN AGREEMENT FOR CONSTRUCTION AND MAINTENANCE OF SUBDIVISION IMPROVEMENTS RE SAME Administrative Aide to the Board Mary Morgan advised that both the County Attorney and the County Engineer have reviewed the required securities and agreements for the construction associated with Victoria Park Unit lIre Caruscan (Florida) Inc., the Final Plan having been approved by the BCC on April 10, 1979. She said that the recordation of same was to be held in abeyance pending completfol of construction or the provision of securfties guaranteeing construction. Commissioner Wenzel moved, seconded by Commissioner Wimer and unanimously carrfed 5/0, that the recordation of the Final Plat for the construction assocfatec wfth Vfctorfa Park Unit II be approved., that the irrevocable letter of credft #676, The Bank of Nova Soctia, in the amount of $606,000 be accepted, and that the Chainman be authorized to sign the Agreement for Construction and Maintenance of Subdfvision Impl'ovemMts re same. *Note - Recorded in Plat Book No. 12, Page 65. . * * * * * * * . * * * * 04 7 PA~E . * * BeCK 31 . * * BeOK 047 PACE !6 June 5, 1979 ACTION TAKEN BY THE BOARD GRANTING LEAVE OF ABSENCE TO ZONING DEPARTMENT EMPLOYEE (WILLIAM H. PERKINS, JR.) - RESCINDED Following brief explanation by Administrative Aide to the Board Mary Morgan, Commissioner Wenzel moved, seconded by Commissioner Pistor and unanimously carriec 5/0, that the leave of absence granted Zoning Department employee William H. Perk1 Jr. be rescinded, as recommended by Zoning Director Carl Clemmer in his memorandun to the County Manager dated June 4, 1979. ~EPORT ON INVESTIGATION OF MAY 2~, 1979 OPEN BURNING BY BEP.R'S PAW PROJECT Administrative Aide to the Board Mary Morgan advised that. pursuant to Board directive May 29, 1979, the Assistant County Manager investigated the complaint of the Bear's Paw open burning of May 28, 1979 and submitted a report dated June 4, 1979 as to his findings. Mrs. Morgan, referring to tho report, said that the subject developer had been issued a burning permit and had complied with the regulations governing same, adding that the smoke over the North Naples area, which prompted the investigation, was caused, to a f~r greater extent, by a wildfire north of Alligator Alley. It was noted that a copy of the report has been furnished Mr. Mike lewalk who had asked that the prOblem be investigated. BRIEF DISCUSSION RE 1979-80 BUDGET PREPARATION GUIDELINES Pursuant to Mr. Mike Zewalk's inquiry as to whether or not guidelines have been funished to the various department heads to be followed when preparing the 1979-80 Budget with regard to expend1turer. Fiscal Officer Harold Hall explained that the Board's Fiscal Policy this year reflected some very significant revisions as far as limiting new or expanded projects. Also, said Mr. Hall, if a department head proposes such expansion or new project, he must, for the first time, furnish much more information as to the reason for same and the cost benefit. He said that there were very specific directives given by the Board in this regard, and Chairman Brown instructed that copies of this information be furnished to Mr. Zewa 1 k. ~ccx Qfl PACE 38 June 5, 1979 13. PSC Notice dated May 29, 1979 re Docket No. 7S0777-TP setting forth hearing schedule for general investigation of the level of earnings of United Telephone Company - filed. 14. PSC Notice of Filing of Application for a Certificate of Public Convenience re Burns Equipment Company. Inc., Docket No. 790422-KC, to include Collier County - filed. 15. PSC Notice of Filing of Application for a Certificate of Public Convenience re Claycamp. Inc.. Docket No. 790395-KC, to include Immokalee - Filed. * * * * * * * * * * * * * * * * * There being no further business for the good of the County, the ~eting was adjourned by order of the Chair - Time: 11:55 A.M. BOARD OF COUNTY COMMISSIONERS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL ~'~~ . . RO, I RMAN ........ 't' I' 'c , ('" .. .... -' .' ~ , /.~ ' ...t::" ". ,.,. t\::..... , , . "- ,~ ~ 1 'I ~ \ .., ,