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BCC Minutes 09/18/1979 R I'i-'i-';"J C' ;;,.:~,4..,,' ~. milt" .. . ~ "'.! 11III Naples, Florida, September 18. 1979 LET IT BE REMEMBERED. that the Board of County Commissioners in and for the County of Collier. and also acting as the Governing Board(s) of such special districts as have been created according to law and having. conducted business herein. met on this date at 9:00 A.M. in Regular Session in Building "F" of th'! Courthouse Complex with the follo,wing members present: CHAIRMAN: David C. Brawn 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. Edr.a Brenneman and Jean Swindle (10:30 A.M.). Deputy Clerks. C. William Norman. County Manager. Donald A. Pickworth. County Attorney. Irving Berzon. Utility Director. Dr. Neno J. Spagna. Community Development Administrator. Clifford Barksdale, County Engineer. Anthony Pires. Assistant County Attorney. Carl Clemmer, Zoning Director; Jeff Perry, Assistant Zoning Director; Martha Skinner. Social Services Director. Mary Morgan. Administrative Aide to the Board; and Deputy Chief Raymond Barnett. Sheriff's Department. AGENDA BOARD OF COUNTY COMMISSIONERS FINAL AGENDA September 18, 1979 NOTICE: ALL PERSONS SPEAKING ON AN'{ 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.M. 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF AGENDA lue .~ r~~1 f:I!D . ""'~.1 .,~ September 18, 1979 ", (2 ) Sewer Area liB" South Half - Financial Assis- tance. (Continue from 9/11/79 Agenda). .-. .-. Willoughby Acres Water and Sewer Improvements, Financial Assistance. (Continued from 9/11/79 Agenda) . MARCO WATER/SEWER DISTRICT (3 ) B. (1) Marco Sewer Phase I, Financial Assistance. (Continued from 9/11/79 Agenda). *13. , COUNTY ATTORNEY'S REPORT 14. CLERK TO THE BOARD'S REPORT A. Payment of Bills B. Budget Amendments C. Other 15. BOARD OF COUNTY COMMISSIONERS' REPORT 16. MISCELLANEOUS CORRESPONDENCE 17. NEW BUSINESS 18. PUBLIC PETITIONS 19. ADJOURN *Denotes additions to the Preliminary Agenda. AGENDA - APPROVED WITH ADDITIONS Commissioner Pistor moved, seconded by Commissioner Wenzel and carried unanimously, that the agenda be approved with the following additions; 1. Request for Board approval and authorization for the Chairman to sign Homemakers Grant Application - Added under Social Services. 2. Request by the Big Cypress Basin Board to approve agreement for participation with the Coun~ on the Lely Outfall project - Added under County Manager's Report (Engineering). 3. Request for approval to purchase Hag Card Typewriter presently under lease agreement - Added under Coun~ Attorn~ls Report. ( I ~ " , . ~~~m September 18, 1979 4. Board authorization for execution of agreements with William R. Ho~gh & Company, Consultdnts, re purchase of utilities - Added under Old Business (GAC). and under Utility Director's Report (Isles of Capri). 5. Request for waiver of competitive bid for the purchase of a terminal for the CJIS - Added under County Manager's Report (Purchasing). MINUTES OF AUGUST 28, 1979 REGULAR MEETING. SEPTEMBER 4. 1979 SPECIAL MEETING AND AUGUST 23 AND 28. 1979 PROPERTY APPRAISAL ADJUSTMENT BOARD MEETING _ APPROVED AS PRESENTED. MINUTES OF AUGUST 21. 1979 REGULAR MEETING - APPROVAL DEFERRED PENDING CLARIFICATION: AND AUGUST 22, 1979 MEETING OF PROPERTY ADJUSTMENT BOARD MEETING MINUTES - APPROVED AS CORRECTED Commissioner Archer requested that the minutes of the August 21. 1979 meeting be deferred pending clarification of same with regard to American Ambulance Service Budget matter. Fiscal Officer Harold Hall noted correspondence dated September 13. 1979 from M. L. Zerkel, Senior Financial Analyst, United Telephone System. calling attention to an error on the Record of Decision and Notice of the Property I Appraisal Adjustment Board, submitted pursuant to the meeting of the Proper~ Appraisal Adjustment Board held August 22, 1979. The subject form listed an assessed value of the firm's property as $49,112,500 which figure had been reduced to $47,641,876 by the Deputy Property Appraiser preceding the afore- mentioned meeting. The Chairman of the Property Appraiser Adjustment Board, Commissioner Wenzel, concurred that the lower figure was rorrect and the minutes should be corrected to reflect same. Commissioner Pistor moved that the minutes of the August 28, 1979 Regular Heeting. the September 4,1979 Special Heeting. and the August 23 and 28, 1979 Property Appraisal Adjustment Board meeting be approved. as submitted. that approval of the minutes of the August 21. 1979 Regular Meeting be deferred pending clarification of the above-referenced subject; and that the minutes of 'the August 22. 1979 Proper~ Appfsa1 Adjustment Board meeting be corrected as noted above. The motion was seconded by Commissioner Wenzel and carried unanimously 5/0. ~ [)f~;I ..~ .. .. """"""""O(6J\~;>"~~"~"""_""'" fI!.IIt. t"~;.;F~,:-,:J;~;,~::'~.~.':,:~!,;{,t,t..,~""I,:,~,_:",\,':. .,~';".::: ..:;,;t.;;, " .. ..', ,;:;'~",~..:..~; "',~ '. September 18. 1979 RESOLUTION 79-136 IN RECOGNITION OF ACHIEVEMENT BY EXTENSION HOME ECONOMICS AGENT 'DENISE L. COLEMAN - AOOPTEU Commissioner Archer read the proposed res01ution fn recognition of the achievement by Extension Home Economics Agent Denise L. Co1eman in being named recipient of the "Rookie Award" by the Florida Cooperative Extension Service, and moved its adoption. The motion was seconded by Commissioner Wimer and unanimously carried 5/0. M~ Coleman was present to receive the congratulations of the Board and to accept the executed copy of the Resolution. She expressed her appreciation to the Board for their support of the Home Economics projects and the fine working relationship she enjoys with the Board of Coun~ Commissioners, pOinting out to them other awards received by the County inClUding the award for the most outstanding newsletter which she said will be entered in the national competion. '" '" '" '" '" '" '" '" '" F'\;i~/J4~ . ...__,,-~:.I , ,.," . "l"'"...........-1t~ ',.~~~;.~(",'tt!'\'t-~~M~""1"1!:'fl'4' ,~'ff,...~l,..,(~.. ~ . ~ 1','" l>~"'f~ ..'il;,.:;",.... "1. ~.J. L_ . ~ ..\'~),' .J;;V:~~t.~...~~l/...,l..~...,"'.. . . '\"~;~,?:.jr: '''..{;'~4'_.,::':~,3.i<;:,:,~~; ,:.tJ;~'~:: . . September 18, 1979 SOCIAL SERVICES CASES NOS. W-1039. W-6805. AND W-5512 - APPROVED ,,," . . Commissioner Arr.her moved, seconded by Commissioner Wimer and unanimously carried 5/0, that Social Services Cases Nos. W-I039, W~6805 and W-5512 be approved, as submitted by the Social Services Director. HOMEMAKERS CONTRACT GRANT APPLICATION - APPROVED FOR CHAIRMAN'S SIGNATURE Social Services Director'Hartha Skinner explained th,t the grant applica- tion contract for Homemakers Services had not been received in time for it to be scheduled as an agenda item and noted that the submittal date was September 21. 1979. She noted that the form fs the usual one which is prepared every year. Commissioner Pistor moved. seconded by Commissioner Wenzel and unanimously carried 5/0, that the Chairman be authorized to sign the Homemakers Contract Grant Application, as recommended by staff. . . . . . . . . . 0;)' ';,..' ',',' l!!Wl (..' , ,,;,\ _....;.a ffiJ September 18, 1979 RESOLUTION :'9-1'37 RE PETITION V-7Q-18C, N. P. SLOAN, REQUESTING MULTIPLE VARIANCES FOR CONSTRUCTION ON LOT 37, TAMIAMI HEIGHTS - ADOPTED Legal notice havfng been published in the Naples Daily Hews on August 31, 1979 as evfdenced by Afffdavft of Publication filed with the Clerk, public hearfng was opened to consfder Petitfon V-79-18C, submftted by N. P. Sloan, requesting multiple varf~nces for construction on Lot 37, Tamiamf Heights. Assistant Zonfng Director Jeff Perry explained that the petftfoner wfshes to construct a small office on the subject property which is zoned "CI", noting that current zoning requirement~ when applied to the lot, prohibit the construction of any building. The specific varfances requested, said Mr. Perry, are as follows: 1. Reduce required 25' front yard on US-41 to IS', 2. Reduce required 25' front yard on Winfred Avenue to 14'. 3. Permit the parking spaces in the front setback areas. 4. Reduce the 6' required landscape areas on US-41 and Winfred Avenue to 5' and 2' respectfvely. 5. Reduce the required 8 spaces to six spaces. Responding to Commissioner Wenzel's query, Mr. Perry replied that without the variances the petitioner can put nothing on the lot and that the owner has been paying taxes on the property for 37 years. Commissioner Pistor inquired about possible non-conformity wfth the surrounding properties with Mr. Perry explainfng that the proposed building should not appear to look "out of place". Mr. Hark Ffnger. Jr., of Naples Steel Products, Inc., representing the petitioner, advised that he was assisting Mr. Sloan in the placement of a building on the property statfng that he can see no problem with it if the variances are granted. There being no persons registered to address the Board, Commissioner Wenzel moved. seconded by Commissioner Pistor and unanimously carried 5/0. that the public hearing be closed. Commissioner Wenzel moved. seconded by Commissioner P1stor and carrfed 5/0. that Resolution 79-137 re Petitfon V-79-18C, by N. P. Sloan, requesting multiple variances for construction on lot 37. Tamiamf Hefghts. be adopted. ,)I::I/I.I::U"-II::I ,U,l. ~.J I .J .,,< BOOK 048 fACE469 RESOLUTION 79-137 Relating to Petition Number For A Variance of Property Hereinafter De.cribed in Collier County, V-79-l8-C Florida. WHEREAS, tbe Legislature of the State of Florida in Chapter 125 and 163, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zonina and .uch business regulations aa are necesaary for the protection of the public, and WHEREAS, the county purauant thereto bas adopted a Comprehensive Zoning Ordinance eatabliahin, regulations for the zoning of particular ,eo,raphic divisions of tbe County, aMOng which i. the aranting of variances, and WHEREAS, the Board of County Commi.sioners, being the duly elected conatituted board for the area hereby affected, has held a public hearing after notice as 'in said regulations made and provided, and bas considered the advisability of a Variance from required parkinq location.minimur landscaping, building setbacks , minimum number parking spaces required in a "CI" zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement has been made concerning all applicable matters required by said regulations and in accordance with Section 41 of Article 3.B of the Zoning Regulations for the Coastal Area Planning District, and WHEREAS, all interested parties have been ,iven opportunity to be beard by this Board in public meetinl assembled and the Board having considered all .atter. presented, NOW THEREFORE, BE IT RESOLVED BY TIlE BOARD OF COUNTY COMMISSIONERS of Collier County. FI,orida I that the petition of .'N.1'. Sloan represented by N . P. Sloan with relpect to the property hereinafter described as: Ldt 137 of Tamiami Heights SID being a subdivision of Lot 133 of Naples Little Farms 12 in Section ll,Township so South, Range 25 East,Co11ier County,F1a.,Deed Book 18 Page 232,Col1ier County Records be and the same hereby is approved for a variance of the .CI. zoning district wherein .a!~ property il located, subject to the following conditions: .. ,... '.~:~,:,.,),., ::'. Septelllber 18. ,1979. .. ' .;.:::t1~~}~pk~.'.t., r,'~.'~-/'I:"- ,~.:: (:;'1::' BE IT FURTHER RESOLVED that this re.olution re1atfn, to Petitioa t'. , Number V-79-18-C be recorded 1n the .fnutca'of this Boud. Commi..ioner Wenzel offered the fore,oin, re.olutioa and, moved it. adoption, .econded by Commi..ioner roll call the vote va.: P!ltor and upoa AYES: COIIIIli..ion.r. Wenzel, Pistol', Wimer, Archer aN! Brown NAYS: None ABSENT ANn NOT VOTING: None ABSTENTION: None Done thia 18t.h day of September . 197 9 . - AITEST: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA '\ ...' .' . . d::-/t?4-:<--J Chairman . .,: . ~ .., . , J . " , , -;. ". ....,.,5 ,',:,.' ;. '. ' : ,- ':--" ~ ". ',,' ,.'~f"., '7,.. '......,.. ~I)"I," "I J,t, 3~n\~ JLP/.ag/6-C Planning Dept. 4/19/79 .. '. BOOK 048 PACE' 470 IlOCK 048 PACE 47J September 18, 1979 PETITION V-79-15C, TALLIE ELLIS, REQUESTING VARIANCE TO ALLOW THE DIVIDING INTO TWO BUILDINGS SITES OF TRACT 11, UNIT 32, GOLDEN GATE ESTATES DENIED: PLANNING DEPARTMENT DIRECTED TO REVIEW SITUATION RE BALANCE OF SIMILAR-SIZED LOTS IN GGE. AND TO PROVIDE CLARIFICATION OF TERM "HARDSHIP" AS IT RELATES TO VARIANCES Legal notice having been published in the Naples Daily News on August 10, 1979 as evidenced by Affidavit of Publication previously filed with the Clerk, public hearing was continued from August 28. 1979 regarding Petition V-79-I5C. by Tallie Ellis, requesting a variance to allow the dividing of Tract 11, Unit 32, Golden Gate Estates, into two building sites. Zoning Director Carl Clemmer reviewed the zoning of Golden Gate Estates properties since the area was platted in the Sixties to the present time. He said that the permitted density at the time of the platting would have allowed a community of five million people whereupon the "Ell Zoning Dfstrict was established which required 2~ acres for homesites; however. it was realized that there had been purchases of sites with less than the 2~ acres and the zoning ordinance was amended to permit such owners to develop their properties. based on the assumption that the Golden Gate Estates tracts were approximately five acres in size, such assumption being incorrec~. Mr. Clemmer stated that he felt that he had the authority to allow the division of tracts containing 4+ acres into two equal bUilding lots with the required ISO' frontage. He further stated that the acreage discrepancy was created through an error in reading the dimensions of Lot 11, Block 32. and that the figure of 3.87 acres discussed during the previous hearing on the Petition is incorrect and. for this reason. it is his opinion that the variance can now be justified. He said that fn CheCking the remaining plats it is determined that out of 164 units there are 641 lots with less than 5 acres. He noted that there are three instances in the past where he did permit the subdivision of lots of 4 acres. one of which had smaller acreage. He explained that with Interstate 75 coming through 424' will be taken from an owner's acreage, leaving two lots of less than five acres in the "A" District which cannot be developed unless a variance is granted by the Board. It is for this reason that the matter under discussion has been .~'R .' ..~_.. September 18. 1979 brought to the Board for direction, he said. adding that it is his recommendatiol that the request be granted which will result in two 2.05 acre lots. Continuing. Mr. Clemmer Stated that, in his opinion. the petitioner does have a hardship. explaining that the Board approved undersized lots in the mid-sixties when the plats were filed at which time one residence per 7.000 square feet was approved. Assistant County Attorney Pires questioned whether or not the require- ments for a hardship on the part of the petitioner have 'been met, noting that the petitioner can still build on his property without the variance. Com- menting on the three luts which were subdivided fn the past, Mr. Pires suggested that the failure in the past not to enforce a particular zoning ordinance does not prevent the Board from enforcing the ordinance at this time. Attorney William Schweikhardt. representing the petitioner, advised that on the subject street there are three lots which the County has permitted to be subdivided, some of which have only a 75' frontage, and that what his client is requesting is two lots 150' x 180', which is standard frontage but short on lot depth. He suggested that a decision must be made as to what is fair with regard to all of the lots involved with possibly some 'new guide- lines established. Community Development Administrator neno Spagna commented that he had discussed the matter being deliberated with Mr. Clemmer pOinting out his knowledge of the Estates area. covering such topics as surveying, and the like. He said that there were legitimate grounds for determining the "E" District minimum area and that it was felt that all lots were five acres originally. He further said that it was known that there were some 3400 lots less than that and that provisions were made in the ordinance to cover them and that they should be given consideration. He concurred that possibly the pertinent ordinance should be further reviewed fn view of the pOints made during the discussion. Commissioner Pistor questioned the effect on the densi~ in the event the 640 lots mentioned were subdivided, noting that there are zoning restrictions involved. Or. Spagna agreed that this pOSSibility should be considered and that it may well be that the ordinance should be left (M 0, ."",. BOOK 048 PACE 473 . , September 18, 1 979 as it is. however. the situation being discussed, since ft might be con- sidered An "instrumental error" might warrant a further review. There were no persons registered to address the matter. whereupon Commissioner Wenzel moved that the public hearing be closed. Commissioner Archer seconded the motion which carried unanimously. Commissioner Pistor moved that Petition V-79-15C, by Tallie Ellis, requesting a variance on Tract 11. Unit 32. Golden Gate Estates. be denied. The motion carried 3/2 with Comm1~~ioners Wimer and Brown voting in opposition. Commissioner Wimer moved, seconded by Commissioner Pistor, that the Planning Department be instructed to review the situation fn Golden Gate Estates whereby there are many originally-platted tracts of less that 5 acres which apparently do not have the privilege of subdividing, as originally contemplated, and that the term "hardship" be clarified. It was the consensus of the Board that a legal definition and clarifi- cation of the term "hardship" would be helpful to the Board in making their decisions thereby ~vo1din~ misunderstandings. County Attorney P1ck~orth said that the term. as used in the ordinance. can be clarified. however. he said that the term used in variance law is. of necessity. a case-by-case matter. He suggested that the Board might not desire a restrictive definition because there are always cases which do not fit with the definition. Upon call for the question, the motion carried unanimoUSly 5/0. PUBLIC HEARING RE COLLIER COUNTY WATER/SEWER DISTRICT, IMMOKALEE WATER/ SEWER DISTRICT, AND MARCO WATER/SEWER DISTRICT BUDGETS FOR FY 79-80 _ ADVERTISING AUTHORIZED FOR SECOND PUBLIC HEARING SEPTEMBER 25, 1979 Legal notice having been published in the Naples Daily News on September 10, 1979 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider proposed budgets for the Collier County Water-Sewer District. the Immokalee Water and Sewer District, and the Marco Water and Sewer District for Fiscal Year 1979-80. Fiscal Officer Harold Hall explained that at the conclusion of the September 18, 1979 public hearing the public hearing will be closed with no action taken other than to direct that another public hearing. the second and final hearing. on the three districts be held the next week. Mr. Hall said that the three districts do not impact the millages so will have no effect on the final public hearing on the millages and the adoption of the budget of the Board of County Commissioners. He explained that the Board will be acting as the Ex-Officio Governing Board of the three subject districts at the final budget hearing. Mr. Jra Evans, taxpayer in the Marco Water and Sewer District and property owner in the area known as Phase I of the Marco Water and Sewer District sewer construction program which he said he presumes is the budget being referred to and. as such, he finds it a most confusing document. He referred to various line items in the subject budget to point out the con- fusing areas; i.e. the $970,000 worth of construction within the current fiscal year which has not been done and which he expressed doubts will be accomplished within the remaining two weeks of the year; the $76.900 worth of cGn~ractu~l servfces for the current year which, if it did not happen, he inquired if it would be added to the budget for 1979-80; six-month actual expenses for engineering fees totaling $76.000 with the total twelve-month estimate of only $35,000. Another matter mentioned was who will pay for all of the expenses outlined in the budget which he said will be covered by a bond issue. questioning whether it will be all of Marco Island. all of Marco Island except Goodland and Old Marco, or all of the property owners in the Phase I District? He also inquired about the disposition of the funds resulting from the 1977 levy for all of the expenses to be incurred prior to actual construction in the subject district. Mr. Evans requested clarification on these and other matters, including ,the proposed purChase of the Marco Island utility which he said he has been unable to obtain information on and on which the Commission should take action to have a plan M~, NR r...::i7A. BOOK 048 PACE415 September 18. 1979 laid out in definitive terms and submitted to a referendum of, the people on Marco Island if they are going to be paying for it. Utility uire~tor Irving Berzon explained, with regard to taxes collected in the Marco Island Water and Sewer District, that those monies have gone to pay for the pre-engineering and some of the engineering costs related to the development of the Master Plan for the sewer, the construction of the sewer system. He said that basically it covers almost all, if not all. of the engineeri~9 fees 1ncurred to date. He said further that any other funds ~xp~nded to date have been advances from the General Fund to the District and amount basically to the amount spent for the appraisal report for the system. He recalled meeting with Mr. Evans and two of his associates approxi- mately a year ago at which time he said that it would be pointless to speak in other than generalities as to what will be done regarding the Mat~o Island utilities because at that time there was not sufficient information available. He emphasized that unless the acquisition of the utilities will be of benefit to both the people on the Island, as well as intergrating with the remaining part of the overall County system, the utility will not be purchased, or recom- mended for purchase. He said that until it is k~own what the Deltona Corporation is willing to settle for and until it can be determined whether that amount of money is in the entire County's best interest for all of the people in the area to be served. there will be no purChase unless the people on Marco Island wish to make such purchase. Mr. Berzon responded to the query by Hr. Evans with regard to the $970,000 worth of construction included in the budget. which has not taken place, by stating that there is $1.900.000 of construction which will be taking place once the FmHA loan is approved and bonds validated. He said that total amount with the exception of $1,600.000+ will be paid back from front foot assessments in the area to be benefited. and the remaining less that $300,000 will come from revenues to be derived from those people who will be connecting on to the system. At the request of Commissioner Wenzel. Mr. Berzon explained the terms of the agreement with the Deltona Corporation with regard to treatment of sewage in the event Deltona continues to own the system. September 18. 1979 Mr. Evans commented that nOhe of the discussion which has taken place appears in the document being presented for approval, that nothing explains th~ sum of $28.000 of operating expenses for'a non-existent sewer system. and voiced the opinion that the document should be "scrubbed" and a plain statement of income and revenue be put together that the average taxpayer of Marco Island can understand. It was Chairman Brown's suggestion that Mr. Evans meet with Mr. Berzon in his office for clarification of the various questions Mr. Evans has raised with Mr. Berzon suggesting that the County's Fiscal Officer also be present because the format of the budget is the responsibility of both offices. During the ensuing discussion the matter of the bond issue was addressed with Mr. Hall stating that the bond resolution will contain specific pro- visions as to what the proceeds of the bond will be used for, adding that no operating expenses will come from the bond proceeds. Returning to the subject document. Mr. Evans said that it stated that the bond proceeds will be $1,959,943 with $1,500,000 for construction and that someone will have to pay the difference. Commissioner Pistor explained that the money collected in all of the special taxing districts for a special purpose is carried over to the fOllOWing year for that same purpose and that funds are not taken from a district and placed in the General Fund. Mr. Hall concurred with the Commissioner adding the further explanation that funds cannot be moved between districts. He said that good bUdgeting principals dictate that funds must be budgeted for the full expectation during the year and that if all of what has been budgeted is not expended. the funds are re-budgeted the following year. Mr. Hall also stated that it is impOSSible. when preparing a budget, to know exactly what the expand1tures will be through September 30. He said that all three of the budg('J lthin the Marco Water and Sewer District are completely independent serarate accounts _ operations. construction. and the acquisition. Following County Manager Norman's statement that there were no addi- tiondl persons registered to address the subject, Commissioner Wenzel moved. seconded by Commissioner Pistor and unanimously carried. that the public hearing be closed. nAtJ ...... eOOK ~~m September 18. 1919 Commissioner Wenzel moved that the first public hearing be closed and that the second p~blic hearing for the Collier County Water-Sewer District, the Immokalee Water and Sewer District, and the Marco Water and Sewer District budgets for FY 79-80 be held September 25, 1979 at 9:00 A.M. at which time action will be taken with regard to final approval, and that advertising of same be authorized. The motion was seconded by Commissioner ~istor And unanimously carried 5/0. REDUCTION IN BUDGET AND MILLAGE RE MARCO LIGHTING DISTRICT - APPROVED Fiscal Officer Harold Hall reported that at the direction of the Board following the last public hearing the previous week, some further cost information has been developed which impacts two of the millage rates, the first of which is the millage for the Marco lighting District. He said that the initial cost estimate was in anticipation of maximum instal- lation; however. the most recent schedules received by the County Engineer from lee County Electric Co-op indicates that some of the lights will not be installed until later in the year. Therefore. said Mr. Hall. the budget can be reduced to reflect those expenditures with the resulting millage rate befng .2482. Mr. Hall further stated that the initial budget was predicated upon complete installation be~ause Mr. Barksdale did not have a complete schedule when the budget was prepared which has since been received and which indicates that the maximum anticipated costs will be reduced somewhat. With this better information, it is being recommended that the budget and millAge be reduced aCCOrdingly. Commissioner Pistor moved, seconded by Commissioner Wenzel and carrfed unanimously 5/0. that the budget and millage for FY 79-80 for the Marco Lighting District be reduced to $63,173. and .2482 respectively. as recommended by the Fiscal Officer. WESTLAKE BEAUTIFICATION DISTRICT MILLAGE FOR FY 79-80 - DELETED Fiscal Officer Harold Hall reported that in the Westlake Beautifica- tion District it is possible to fund their entire budget without levyiny a September 18. 1979 millage rate in the 1979-80 Fiscal Year due to a decrease in expenditures during the r.urrent year and during the previous y~ar. He said that the millage was advertised at .3330; however, the most recent cost information and upon the request of the Association itself. it is being requested that the unexpended balances be used to fund the entire budget for the FY 79-80 and that a zero millage be levied. He pointed out that there is no change in the budget. Commissioner Pistor moved, seconded by Commissioner Wenzel and carried unanimouSly 5/0, that the millage for the Westlake Beautification District be deleted for the FY 79-80. Hr. Hall noted that this matter and the previous subject concludes all of the updated cost information received since the initial preparation of the budget. He offered the further comment that in special districts such as these in which the millage levy is in direct proportion to the budget it is difficult for the staff to estimate what the yearly expenditures are going to ~e six to nino months ahead of time, especially when su,h districts are expanded and changed as is frequently requested. He said that it is not uncommon at this late time to be able, through some new information, to make some reductions in the millage. BUDGET FOR FY 79-80, INCLUDING CHANGES MADE FOLLOWING AUGUST 21. 1979 MEETING - ADOPTED Legal notice havfng been pUblished in the Naples Daily Hews on September 12. 1979 as evidenced by Affidavit of Publication filed with the Clerk, pUblic hearing was opened to hear further comments with regard to the FY 79-80 Budget and millages. Fiscal Officer Harold Hall explafned that. as directed by the Board. the first and second newspaper advertisements regarding the millages listed the certified millage. the current millage, the proposed millage and the percent of change from the certified millage and from the current millage. He said that favorable comments have been forthcoming regardfng the Board's having this type of advertisement placed in the newspapers which contain information which is easily understood. BOOK 048 PACE478 enOK 0f8 PA'ce41D September 18. 1979 Mr. Mike Zewalk, North Naples Civic Association. renewed his request for a larger reduction in millage than the .4 of IS being contemplated, noting the pleas he made earlier during the budget hearings which he said , were made at the behest of the Association. He said that the County has been blessed with growth which is estimated to increase revenues by $4,200.000. Commissioner Wenzel explained that the more the County grows the more the expenses of running the government grows and offered the challenge of showing him any area in the country which has grown and where taxes have been reduced. Commissioner Pistor commented that maybe some suggestions should have been forthcoming during the budget proceedings of areas where the budget could be cut. Mr. Zewalk responded that that was "not my job" and urged the Board to give the taxpayers a "break". Fiscal Officer Hall explained that of the $4.000.000 increase in funds approximately $1,000.000 was added to the budget, both on the revenue and expenditure side, for work that the State was previously dOing but which the County is now performing for which the County is being reimbursed. Of the $3,000,000 remaining, said Mr. Hall. only 7~ which came in through "new money" is for increased expenses. noting that everyone's costs have risen more than that. He commented that, in his opinion, the department heads and the Commission have done a good Job in taking the increased funds, other than taxes, and held the budget down to where it was funded entirely with revenues other than increasing taxes. There were no additional persons registered to address the Board. whereupon Commissioner Wenzel moved. seconded by Commissioner Pistor and unanimously carried 5/0. that the public hearing be closed. Commissioner Wenzel moved that the Board adopt the 1979-90 Fiscal Year Budget, inClUding the changes which were directed by the Board following the Augu~t 21, 1979 meeting when the Board adopted the tentative budget, which are reflected in the budget being adopted at this time. MOtion seconded by Commissioner Pistor and carried unanimously 5/0. .L1 . Septemb.r 18, 1979 RESOLUTION 79-138 ESTABLISHING MILLAGE RATES FOR' FY 79-80 - ADOPTED Commissioner Wenzel moved, seconded by Commiss~on.r' Pistol" Ind. carried 5/0, that Resolution 79-138 Adopting the M111ag. Rates for the 1979-80 Budget be adopted. * * * * * * * * * * * ~r~, ~JI p,,~~~ MCK 048 PACE48S . . >;','.:'~~t . September 18, 1919, ADVERTISING OF APPROVED FEDERAL REVENUE SHARING BUDGET - AUTHORIZED Following brief explanation by Fiscal Officer Harold Hall. Commissioner ArcheI' moved. seconded by Commissioner Wimer and unanimoLlsly carried 5/0, that the Board authorize the advertising of the approved Federal Revenue Sharing Budget for FY 1979-80. FISCAL OFFICER AUTHORIZED TO PROCEED WITH LETTERS OF COMMITMENT. AND OTHER REQUIRED DOCUMENTS, INDICATING ADOPTION OF FY79-80 BUDGET Pursuant to request by Fiscal Officer Harold Hall. Commissioner Archer moved, seconded by Commissioner Pistor and unanimously carrfed 5/0. that the Fiscal Officer be authorized to proceed with the letters of commitment and other documents as required indicating the adoption of the budget. together with Letters of Understanding between budgetary units. as needed. .. .. .. . * * * * ". * * . . RECESS: 10:30 A.M. until 10:40 A.M. at which time Deputy Clerk Brenneman was replaced by Deputy Clerk Swindle. .. .. .. .. * * * * .. * . . * ORDINANCE NO. 79-70 RE PETITION CP-79-2C, KERMIT QUAINTANCE REQUESTING AMENDMENT TO COMPREHENSIVE PLAN FOR PROPERTY LOCATED IN SEC. 3, T50S, R26E lOCATED ON THE WEST SIDE OF SR 951. SOUTH OF GULF STATION - ADOPTED - AGREEMENT BY PETITIONER TO IMPOSED STIPULATIONS - ACCEPTED legal notice having been published in the Naples Daily News on August 26, 1979 and September 7, 1979 as evidenced by Affidavit of Publication previously filed with the Clerk. public hearing was continued from September 11. 1979 to consider Petition CP-79-2-C filed by Kermit Quaintance requesting an amend- ment to the Comprehensive Plan from 0-6.22 units Residential Medium Density to Commercial Land Use for property located in Section 3, TownShip 50 South. Range 26 East which is located on the west side of SR 951. south of the Gul f Station. Dr. Neno Spagna, Director of Community Development. identified the subject property as being 17 acres mil of a 40 acre parcel located on the south side of U.S. 41, just west of the intersection of US 41 and SR 951. Dr. Spagna stated that this is a companion petition to rezone Petition R-79-19C September 18, 1979 filed by the same party. Mr. Kermit Quaintance, who asked that (1) the Comprehensive Plan be amended to allow Commercial Land Use on the proper~ and (2) that ~he property be re~on(~ to "GRC". This petition has been reviewed by all the required agencies said Dr. Spa9na with their recom- mended approval. except for the East Naples Fire Department who said that they do not have sufficient facilities. adding that it meets the general goal and policies now in effect in the County. Mr. Tom Peek of Wilson. Hiller, Barton, Soll & Peek" Inc.. the Project Engineer, responded to Commissioner Archer's two questions that were posed at last week's meeting. First, Mr. Peek stated the question of a potable water supply will be answered by the developer extending the present water supply main line from Barefoot Williams Road on U.S. 41 to the projecti noting that it was assumed that if the main is extended at the developer's expense partial reimbursement will occur, in accord with the general County policy. as additional customers tap on to the developer's extended line. Second, he continued, an on~site sewage disposal facility which will meet both County and DER requirements will be constructed. Commissioner Pistor commented that he was of the opinion that such a shopping area would be beneficial to the area which, in due time, will include not only the Mobile Home Subdivision but other low cost hOUSing projects and for these reasons he would vote for the proposed Comprehensive Plan amendment. There being no persons registered to address the issue, Commissioner Archer moved. seconded by Commissi~ner Pistor and carried unanimously. that the pUblic hearing be closed. Commissioner Archer moved. seconded by Commissioner Pistor and carried 4-1 with Commissioner Wenzel dissenting. that the Ordinance as numbered and entitled below be adopted and entered in Ordinance Book No. 10 and that Petitioner's Agreement to the imposed stipulations be accepted. ORDINANCE 79 -72-- ~<;~', 048 Pl~f"484 AN ORDINANCE AMENDING ORDINANCE 79-32, . THE COMPREHENSIVE PLAN FOR COLLIER COUNTY, FLORIDA, BY AMENDING 'l'HB LAND OSE ELEMENT WORlC STUDY AREA MAP '4 FROM 0-4 LOW DENSITY AND 0-6.22 LOW TO MEDIUM DENSITY '1'0 COM- MERCL'\L LAND USB ON '!'HB FOLLOWING DESCRIBED PROPBR'l'Y: A PORTION OF '!'HB WEST 1/2 OF SECTION 3, 'l'OWNSHIP 51 SOUTH, RANGE 26 EAST AND PROVIDING AN EFFECTIVE DATE September 18. 1979 ORDINANCE NO. 79-71 RE PETITION R-79-16C. KERMIT QUAINTANCE REQUESTING REZONING FOR PROPERTY lOCATED IN SECTION 3, TSOS, R26E AND lOCATED ON THE WEST SIDE of SR 951, SOUTH O~ THE GULF STATION - ADOPTED _ PETITIONER'S AGREEMENT TO STIPULATION - ACCEPTED Legal notice having been published in the Naples Daily News on August 10. 1979 as evidenced by the Affidavit of Publication previously filed with the Clerk, public hearing was continued from September 11. 1979 to consider Petition R-79-16C filed by Kermit Quaintance requesting rezoning from "A" Agriculture to "GRC" General Retail COIIIII8rc1al for property located in Section 3, Township 50 South. Range 26 East and located on the west side of SR 951. south of the Gulf Station. Dr. Neno Spagna. Director of Community Development. identified the SUbject proper~ as being the same as the, previous request ,and stated that this petition is a companion to the preceeding rezone item. He explained that a detailed explanation had been given the Board last week but if there were any questions. he or Mr. Tom Peek, Project Engineer or Mr. William Vines, Urban Planner, would be nappy to answer. Dr. Spagna concluded that the petition has been reviewed by all the necessary agencies and has been recom- mended for approval with certain stipulations. There being no one registered to address the issue, Commissioner Pistor moved. seconded by Commissioner Archer and carried unanimously. that the public hearing be closed. Commissioner Pistor moved. seconded by Commissioner Archer and carried 4-1 with Commissioner Wenzel dissenting, that the Ordinance as numbered and entitled below. be adopted and entered in Ordinance Book No. 10 and that the Petitioner's Agreement to the imposed stipulations, be accepted. ORDINANCE 79 -7.1....- AN OR:W!NANCE AMENDING ORDINANCE 76-30, THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREAS OF THE COASTAL AREA PLANNING DISTRICT, BY AMENDING MAP NUMBER 5l-26-2 BY REZONING THE FOLLOWING DESCRIBED PROPERrl FROM "A" AGRICULTURE TO "eRC" GENERAL RETAIL COMMERCIAL: A PORTION OF THE WEST l/2 OF SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST AND PROVIDING AN EFFECTIVE DATE .n"\' ntUl ... __ AO~ Septelnbtr 18~ 1~!9 ORDINANCE NO. 79-72 RE PETITIDN R-79-21C, PETER CONE REQUESTING REZONING ON PROPERTY LOCATED IN SEC. 11, T49S. R25E LOCATED ON THE EAST SIDE OF EDGEWOOO DRIVE NORTH OF PINE RIDGE ROAD - ADOPTED PETITIONER'S AGREEMENT TO STIPULATIONS - ACC~PTED Legal notice having been published in the Naples Daily News on August 2, 1979 as evidenced by the Affidavit of Publication preViously filed with the Clerk. public hearing was continued from September 11, 1979 to consider Petition R-79-21C filed by Peter Cone requesting rezoning from "A" Agriculture to "CI" Commercial Industrial on property located in Section 11. Township 49 South. Range 25 East. on the east side of EdgewDOd Drive approximately 660 feet north of Pine Ridge Road. Or. Neno Spagna. Director of Community Development. identified the subject property as being a 5 acre parcel located on the East side of Edge- wood Drive approximately 660 feet north of Pine Ridge Road and one-fourth mile west of Airport Road. He stated the petition has been r~viewed by all of the required agencies and is in compliance with the surrounding zonings _ i.e. "CI" to the east; "I" to the west. conCluding that, t~. Staff and required agencies h~ve recommended approval. There being no persons registered to address the issue. Commissioner Pis tor moved. seconded by Commissioner Wen7.el and carried unanimously. that the public hearing be closed. Commissioner Archer moved, seconded by Commissioner Pistor and carried 4-1. with Commissioner Wenzel dissenting. that the Ordinance as numbered and entitled below, be adopted and entered in Ordinance Book No. 10 and that the Petitioner's Agreement to the imposed stipUlations. be accepted. ORDINANCE 79 - ~ AN ORDINANCE AMENDING ORDINANCE 76-30, THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF THE COASTAL AREA PLANNING DISTRICT BY AMENDING THE ZONING ATLAS MAP NUMBER 49-25-1 BY CHANGING THE ZONING CLASSIFICATION FROM "A" AGRICULTURE TO .CI" COMMERCIAL INDUSTRIAL ON THB FOL- LOWING DESCRIBED PROPERTY: THE NORTH 1/2 OF THE SOUTHEAST l/4 OF THE SOUTHt'1EST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 11, TmmSHIP 49 SOOTH, RANGE 25 EAST AND BY PROVIDING AN EFFECTIVE DATE I\"~.' NR ll'~[' AJKP September 18. 1979 WAIVER OF COMPETITIVE BID FOR PURCHASE OF TERMINAL FOR CJIS IN THE AMOUNT OF $2.245.00 - APPROVED Following Fiscal Officer Harold Hall's explanation of the date of expiration of LEAA grant funds for the purchase of CJIS equipment and the desire to utilize all monies for a less costly piece of equipment, Commis- sioner Archer moved, seconded by Commissioner Pistor and carried unanimously, that the waiver of competitive bid for the purchase of a ,terminal, Decwriter III LA 120 with 20 MA interface, for CJIS in the amount of $2,245.00, be approved. CHAIRMAN AUTHORIZED TO SIGN CONTRACT BETWEEN WILLIAM R. HOUGH & COMPANY AND THE BOARD OF COUNTY COMMISSIONERS REGARDING THE ACQUISITION OF GAC UTI~ITIES County Attorney Donald Pickworth stated that the Board had ~iscussed, two or three weeks ago. extending the present agreement the Board has with William R. Hough and Company to include the acquisition of the GAC Utility System and the Isle of Capri Utility System. It is the contract regarding the acqu1sition of the GAC Utility System, he said. that he is requesting the Board to authorize the Chairman to sign. In answer to Commissioner Archer's question regarding the Board's asking W.R. Hough and Company to prepare only a financial plan for the acquisition of the GAC Utility System, County Attorney Pickworth explained that the present contract is set up for the underwriter to prepare a finanCing plan. if' this plan is accepted then he performs other services; if the Board rejects the proposed plan then no monies are paid but if the Board does accept the financing plan then N.R. llough ~ Company will make a purchase proposal which, if the Board rejects. will require the payment of services performed to that point. However. should the Board accept the purchase proposal then the underwriter will be paid by schedule a certain percentage of the total amount of the bond issue. Commissioner Wenzel moved. seconded by Commissioner Archer and carried, 4-1, with Commissioner Pistor dissenting, that the Chairman be authorized to sign the contract between William R. Hough and Company and the Board of County Commissioners regarding the acquisition of the GP.C Utility system. .. .- BOOK ~ ~CF~~ September 18, 1979 RESOLU1"ION NO. 79-139 RE PU-79-13C. JACKSON BOUGHNER REQUESTING PROVISIONAL USE (2) OF THE AGRICULTURE DISTRICT FOR EARTH MINING AND EXCAVATION OF PART OF ~EC. 26, T4dS"R26E, LOCATED ON irlE EAST SIDE OF C951 AND ONE-HALF MILE SOUTH OF IMMOKALEE ROAD - ADOPTED WITH STIPULATIONS Commissioner Wimer asked that the record reflect that. even though he is not presently financially involved in the subject project, he fs interested and is planning on taking advantage of the opportunity presented. Because of this posture, he would not be participating in the discussion of the project nor would he be voting. Dr. Neno Spagna, Director of Community Development, identified the property as being the III ~cres located in Section 26, TownShip 48 South, Range 26 East and more generally known as that property located approximately 1/2 mile south of the Immokalee Road on County Road 951 with 4.025 feet running east and west and 1070 feet running north and south. Dr. Spagna stated the petition is for a Provisional Use (2) of the agriculture district for an earth mining and excavating operation, adding that the request does comply with the permitted uses in the future land use element of the Comprehensive Plan. H~ s~id that it has been reviewed by all the reviewing agencies and has met wfth their approval with certain stipulations. as appended to the proposed resolution. He pointed out that all setback requirements have, been provided for and the project will have an undulating shoreline. prodUCing small land areas that will jut into the lake which. at the completion of the operation, will be used for building sites. Discussion followed which covered the CAPC's denial of the petition because of its adverse affect on the public's interest; the entire project to be buffered from the public by such natural vegetation as is there when . completed by the owner. the rock pit to be fenced for public safety. and the identification of two earth mining operations already in existence in the same area. After Mr. Jackson Boughner had presented his request and sub- mitted for the record Affidavits of approval from the following individuals: Eugene Brisson. Richard P. Webster, S.R.A., Kunwar 5.S. Jain. Planner; John T. Conroy. Jr.. Realtor and Sergio E. G. Montes, Engineer. "j September 18. 1979 Property owners listed below spoke in OPposition: Ms. Joan Hamilton - 5360 ~chultz Street ~s. Sandra Fitzek - 375 Board Avenue, North Ms. Cathy Tripp - 148 El Rancho Mr. Boughner presented photos. of the surrounding residences, most of which are in an undeterminable state of construction, adding that he had learned there have been no bUilding permits issued for any of the residential buildings shoWA. Mr. Carl Clemmer. Zoning Director. stated the situation was being investigated by his department. Commissioner Archer moved. seconded by Commissioner Wenzel and carried 4-0, with Commissioner Wimer abstaining. that Resolution No. 79-139 permitting earth mining and excavation in part of Section 26, T48S, R26E, located on the east side of CR 951 and one-half mile south of Immokalee Roa~ as requested by Jackson Boughner, be adopted with stipulations. *Exhibits on file in office of Clerk of the Board. * * * * . * * * ^.~ ~';~~;~:~:{~:?' 'j~'~??:~~:~?~~;;: ~~,t, ",; 'BOOK 048 PACE 499 ~1~' september:' 18, 1919 "'.' , i~~(:",;N'.<,<'"" ... . !i/!1S! - l' I EMPLOYMENT CONTRACT FOR JAY L. HARHIC, PH.D., ENVIRONMENT. l:'CONSULTANT, FOR THE PERIOD FROM OCTOBER 11. 1979 TO OCTOBER 10. 1980 _ APPROVED Commissioner Archer moved, seconded by Commissioner;Wen%el and' carried . ,;, '" unanimously. that'the renewal of the employment contract betWeen Dr. Jay L. Harmic, Environmental Consultant, and Collier County for the period from October 11. 1979 to October 10, 1980. be approved. September 18. 1979 h'It'tNG OF ADLEY AND ASSOCIATES AS CONSULTANTS FOR mE COUNTY'S "701" PLANNING G~NT PROGRAM - APPROVED - CHAIRMAN AUTHORIZED TO SIGH CONTRACT FOllOWING THE PREPARATION OF SAME BY STAFF Commissioner Archer moved. seconded by Commissioner Pistor and carried 4-1 with Commissioner Wenzel dissenting, that the reconmendation of the "701" Conmittee to hire Adley and Associates as consultants for the County's "701" Planning Grant program be approved. Commissioner Archer moved, seconded by Commissioner Wimer and carried unanimously, that the Staff be directed to prepare said contract and the Chairman be authorized to sign same. CONTRACT BETWEEN BOARD OF COUNTY COMMISSIONERS AND MARCO ISLAND FIRE CONTROL DISTRICT - APPROVED County Manager Nonman reviewed the necessfty for the County re-establ1shing the tax levy for the MSTD for Marco Island Fire District because of the millage cut situation which has been covered as part of the tax levy the Board pre- viously approved. Mr. Nonma~ said the next appropriate step would be for the Board tc apprcve a co~tract with the Marco Island Control District so that the $166.000 approved on August 21, 1979, can appropriately be transferred to the District. Commissioner Pistor moved, seconded by Commissioner Archer and carried unanimously, that the contract between the Board of Coun~ Commissioners and the Marco Island Fire Control District be approved and that the Chairman be authorized to sign same. 80CK 04~ PACE 502 September 18, 1979 COUNTY ~V\HAGER AUTHORIZED TO INTERVIEW FOR THE POSITION OF PUBLIC SAFETY DIRECTOR - HIS SELECTION TO BE BROUGHT BEFORE THE BOARD FOR HIRING _ THE REMAINDER O~ THE PROPOSED REOrSAHtZATION PROGRAM TO BE REVIEWED AFTER A.T. KEARNEY, INC. ~AS RENDERED RECOMMENDATIONS Coun~ Manager Norman stated he had brought his proposed reorganization program before the Board two previous times and because, in his opinion, time is of the essence, he was requesting approval from the Board to begin the im- plementation of the proposal as it relates to the needed administrative positions. Mr. Norman said that the Board had asked that the management consultants, A.T. Kearney. Inc.. review the program, which he has complied with. presenting a letter from Hr. Robert P. Milne, Vice-President which stated - "While we have only limited knowledge of the specific activities performed in each Depart- ment/Division at this time. the groupings of Departm@nts into Oivi~ion~ th~t you have recommended seems to be baSically logical. We may well recommend modifications to your groupings as we develop more detailed knOWledge of County functions, but we see no problems in implementing your reorganization plan as soon as you can." Also. Mr. Mflne's letter indicated that the advantages of proceeding with t~e implementation of the plan far outweigh any advantage of waiting until their study is complete. Mr. Norman stated he could not, in good conscience, begin to deal with the individuals that will be needed to fill the proposed administrative positions until he has some assurance from the Board that the program will be implemented. If the Board is not comfortable with the plan as a whole then he requested that only the position of Public Safe~ Director be approved tod~ so that he could 'get started on fflffng this vp.ry important position. Following discussion, Commissioner Wenzel moved, seconded by Commissioner Pistor and carried unanimously. that the County Manager be authorized to proceed with the interViewing for the position of Public Safe~ Director and bring back to the Board his selection for the final hiring. Commissioner Wenzel stated that the remainder of the proposed program could be reviewed again after recommendations have been received from the managing consultants. A.T. Kearney, Inc. BOOK 048 PACE 518 8001 (H8 PACEtl11 .'( ( J,:~' t",.""., September 18. 1979 APPEAL OF PROPOSED LIEN TO RECOVER FUNDS EXPENDED BY THE COUNTY TO ABATE PUBLIC NUISANCE ON LOT 52. CARIBE WOODS SUBDIVISION FOR VIOLATION OF WEED ORDINANCE- DENIED Mr. John Passidomo. Attorney from the law office Salvatore Scuderi. represented the petitioner. Mrs. Robert loBosco, and stated that a notice had been sent his client who thought that the nuisance as defined in the notice suggested that "mowing" needed to be done. Upon the advice of the previous owner. Bryant Hampton, Realtor, Mrs. LoBosco let tho County take care of the mowing but, Mr. Passidomo continued, she in no way allowed the contractor, hired by the County. to cut down trees. shrubs, etc. for a fee of $410.00 as indicated in the proposed lien. He submitted pictures of the lot and the work that had been done, pointing out that even the felled trees had not been removed from the premises. Mr. Passidomo said Mrs. l~Bosco was not asking that the Board change its decision but that the cost of the abatement be kept to the "mowing of weeds" as shown on the notice. Discussion followed which covered Mr. Carl Clemmer's statement that the lot had been a nuisance for the past 6 or 7 years with complaints having been made to the previous owner; the fact that Mrs. LoBosco had violated the nuisance Ordinance; County Attorney Pickworth's suggestion that the legal notice of assessment of lien use such wording as "estimated cost of the abatement of nuisance"; and Oepu~v Director of Zoning Jeff Perr,y's statement that the job was completed in the most inexpensive manner. Commissioner Archer moved. seconded by Commissioner Pistor and carried unanimously, that the Board deny the appeal of proposed lien to recover funds expended by the County to abate a public nuisance on Lot 52. Caribe Woods Subdivision for violation of weed ordinance. .1:.,...., ',":;0,.(- ".;." . " '( .'; ,; September' 18~ 1979 RESOLUTION NO. 79-140 TO RECOVER FUNDS EXPENDED'BY THECOUHTYTO'ABATEPU8lIC NUISANCE (HAZARDOUS GAS TANK) WIUfELM THOftlES _ ADOPTED;' . Commissioner Archer moved, seconded by Commissioner Wimer and carrfed unanimously, that the Board adopt Resolution No. 79-140 to recover funds expended by the County to abate a public nuisance for Wilhelm Thommes (hazardous gas tank) on Tax Parcel 5.1 as described fn O.R. 162. Pages 77-74 and O.R. 613, Page 1073. in Section 3, T515. R26E. eo~~ 048 rACE"!it8 ' APPLICATION AND CONTRACT FOR ANNUAL GRANT-IN-AID FROM THE STATE LIBRARY OF ~DA - APPROVED CHAIRMAN AUTHORIZED TO SIGN Commissioner Wenzel moved, s~conded by Commfssfoner Pfstor and carrfed unanimously. that the application and contract for Annual Grant-In-Aid' from the State Library of Florida. for which the Collier Coun~ rree Public library is qualified under Chapter 257. Florida Statues be approved and that the Chairman be authorized to sign same. as recommended by staff. BOOK 048 rAGE 510 . 'BOOK 048 rACE513 /,~:...~, , ":,1...;.",....,, ,. ~ . ~'/~.<','.,..,,; ',\.....:\: ".' . ~ September 18 ; 1979 BID #365 FOR PURCHASE OF STOCKADE PERSONNEL UNIFORMS GRANTED TO MARTINS UNIFORMS, DIVISION OF SUPERIOR SURGICAL MANUFACTURING CO.. TAMPA, flORIDA. -TOTAL COST $3,540.00- Legal notice havfng been published fn the Naples Daily News on August 13, 1979, as evfdenced by Affidavit of Publicatfon filed with the Clerk, bids were recefved until September 5. 1979 for the purchasing of uniforms for the personnel of the Stockade. Purchasing Director Frank Wflcox explafned that the County had, in the past, rented these uniforms. He added that due to many comp1afnts that the rental uniforms were not profess10nal lOOking enough, it had been decided by the County Manager to purchase them outright. Of the five proposals sent out only one bid was rece1ved, he sa1d, and this constituted the lowest bid being that of Martins Uniforms. Because Martins Uniforms has been the primary supplier of the C1ty of Naples' Police Department. and the County's Sheriff Department uniforms also, it is recommended that the County accept this one bid for $3.540.00, as stated 1n a letter from the Bid Review Com- ittee dated September 7, 1979 he said. Mr. Wilcox went on to exp1aih that this purchase transaction would require a transfer of funds from account 1342 to ~ccount 1523 (Stockade Uniform account), this reflects a surplus of approximately $1000.00. previously budgeted. that will be on hand to cover the expense of replacement or addit10nal purchasing of uniforms. Commissioner Wimer moved, seconded by Commissioner Wenzel and carried unanimously, that Bid 1365 for the purchase of Stockade Personnel uniforms be awarded to Martin's Uniforms. Tampa, Florida, as contained in the recommendation of the Bid Review Committee letter and that the Chairman and the Clerk be author1zed to sign and attest the resulting Agreement. September 18. 1979 BID 1366 FOR SlWPLYING UNIFORMS TO COUNTY PERSONNEL FOR NEXT TWO YEARS _ AWARDED TO AMERICAN UNIFORM RENTAL SERVICE, OPA LOCKA, flORIDA A~ PRICES CONTAINED I~ BID TARIP-ATION (A~PRCXIMATE ANNUAL COST $50,000) Legal notice having beer. published in the Naples Daily News on August 13. 1979 as evidenced by Affidavit of Publication filed with the Clerk. bids were received until September 5. 1979 for furniShing uniform rental services to County personnel for the next two years. Purchasing Director Frank Wilcox explained that the prices quoted by the low bidder are 4.2% lower than the contract of two years ago; however, he said the annual dollar amount is approximately $9,400 more since the County is supplying at least 74 more uniforms to personnel than previously. Following brief discussion with regard to furnishing uniforms. Com- missioner Wenzel moved, seconded by Commissioner Wimer and carri~d unanimously 5/0, that Bid #366 for furnishing uniform rental services to County personnel for the next two years be awarded to American Uniform Rental Service, Opa Locka, Florida at the prices contained in the bid tabulation, at an approximate annual cost of $50,000, as recommended by the Bid Review Committee in letter dated September 7. 1979. and that the Chairman and Clerk be authorized to sign and attest the resulting agreement. BID #369 FOR FURNISHING AND DELIVERING PASSENGER, TRUCK AND OFF-THE-ROAD EQUIPMENT TIRES - AWARDED TO AIRPORT TIRE. INC.. NAPLES. FLORIDA Legal notice having been published in the Naples Daily News on August 13 and 15, 1979 as evidenced by Affidavit of Publication filed with the Clerk, bids were received until September 5, 1979 for furniShing and delivering passenger, truck, and off-the-road equipment tires for the County. Purchasing Director Frank Wilcox explained that the tires to be supplied by the low bidder will be Firestone tires and not Goodyear. as stated in the Executive Summary, since this is the brand of tires covered under State Contract. He said the estimated total expenditures for tires is approXimately $150,000 annually and will be charged against the using departments' appro- priate budget. eOCK Ot8 '~Gt 51~ .-....... . ...r~\ 1I00K 048 PAcr 515 , ," September 18. 1979 COmmissioner Wimer moved. seconded by Commissioner Wenzel and unanimously carried 5/0, that Bid #369 for furnishing and delivering passenger, truck and off-the-road.equ1pment tires be awarded to Airport Tire, Inc., Naples. Florida, at the prices listed in the bid tabulation. as contained in the recommendation of the Bid Review Committee letter dated September 7, 1979, and that the Chairman and the Clerk be authorized to sign and attest the resulting Agreement. EXCAVATION PERMIT NO. 59.40. IVAN ECKLER, IN SECTIONS 17 AND 20, T51S, R27E _ APPROVED WITH STIPULATIONS County Engineer Barksdale explained that the Excavation Permit application submitted by Ivan Eckler for excavation in Sections 17 and 20, Township 51 South, Range 27 East, has been reviewed many times by the staff and the Water Manage- ment Advisory Board and the revised plan has now reached acceptance and is being recommended for approval with the following stipulations: 1. The appropriate fees and bonds must be submitted prior to the issuance of the Permit. 2. All applicable provisions of Excavation Ordinance 73-12 shall be adhered to. 3. That the applicant will comply with any new administrative require.. ments which become part of the revised excavation ordinance. Responding to Commissioner Pistor's query regarding the effect the excavation will have on the drainage in the area, Mr. Barksdale said that it should improve it. Comnlissioner Archer moved. seconded by Commissioner Wimer and carried unanimously 5/0. that Excavation Permit No. 59.40 requested by Ivan Eckler for excavation in Sections 17 and 20, Township 51 South, Range 27 East. be approved with the above-stated stipulations. EXCAVATION PERMIT NO. 59.71. CORAL RIDGE-COLLIER PROPERTIES, INC. FOR THE PELICAN BAY DEVELOPMENT PROJECT - APPROVED WITH STIPULATIONS County Engineer Barksdale explained that the developers of the Pelican Bay Project are requesting the issuance of an Excavation Permit in order to deepen six small lakes within the previously-approved project to reduce the maintenance and prOVide a more attractive site. The application has been September 18, 1979 reviewed by the Water Management Advisory Board, said Hr. Barksdale. and recommended for ap~roval with the following stipulations: 1. That the Pond Maintenance Plan submitted is part of the approval and must be adhered to. 2. Since the applicant states that the material excavated from the lakes will not be hauled off-site, it is recommended that the requirements for a performance bond and permit fee be waived in accordance with the provisions of Excavation Ordinance No. 73-12, Section 4(g). J. All applicable prOVisions of Excavation Ordinance No. 73-12 shall be adhered to. 4. That the applicant will comply with any new administrative require- ments which become part of the revised excavation ordinance. 5. Pelican Bay Improvement District will be responsible for the implementation of the Pond Maintenance Plan. Following brief explanation by Mr. Barksdale concerning the necessity for deepening the depth of the lakes to 6', Commissioner Wenzel moved seconded by Commissioner Pistor and unanimously carried 5/0, that Excavation Perm1t No. 59.71 be approved for Coral Ridge-Collier Properties, Inc. subject to the ~bove.~tated ~tipulations. EXCAVATION PERMIT NO. 59.81. FRANK CRAPARO, SECTION 18. T49S, R26E - APPROVED WITH STIPULATIONS County Engineer Barksdale recalled that the Excavation Permit requested for excavating a portion of Section 18. Township 49 South, Range 26 East, was denied by the Board during the meeting of September 11, 1979 because it was felt that the requested location would seriously interfere with the pro- posed construction of Pine Ridge Extension between Airport Road and 1-75. A revised location sketch has been prepared, said Mr. Barksdale. indicatfng a new location for the excavation south of the proposed Pine Ridge Road Extension. The new site has been recommended for approval by the County's Environmental Consultant with the staff concurring with the recommendation with the following stipulations: 1. All applicable provisions of Excavation Ordinance No. 73-12 shall be adhered to. 2. Applicant will comply with any new administrative requfrements which become a part of the revised excavation ordinance. 3. Excavation shall not exceed a depth of ten feet below natural surface. eon~ 048 PACE 51B BOCK 048 PACE 517 September 18. 1979 Commissioner Archer moved, seconded by Commissioner Wimer and carried unanimously 5/0, that Excavation Permit No. 59.81 requested by Frank Craparo. Sec,ion la, Township 49 South. Range 26 East. be approved with the afore- mentioned stipulations. Mr. Frank Craparo. referring to Stipulation 2, asked that the record be clear that in the event the regulations are changed in the future to state that lakes should only be 5', for example, that he will not have to fill in what he has excavated to 8' or 10' under the existing regulations, noting his willingness to comply with whatever reasonable stipulations are made in the future. Commissioner Wimer observed that to his knowledge the stipulation addresses new administrative requirements, not necessarily physical requirements. A further concern expressed by Mr. Craparo was whether or not his right to come back to the Board for an excavation permit for his first permitted site would be forfeited in the event the timetable established by DOT for construction of Pine Ridge Road Extension is seriously hampered. He was assured that he was not jeopardizing such rights. EXCAVATION PERMIT NO. 59.85, TARGET IV RANGE, IN S11. T46S. R26E - APPROVED WITH STIPULATIONS County Engineer BarksdAle explained that an after-the-fact excavation permit has been requested by Target IV Range for the movement of fill from one area to another for the erection of bunkers for a target range, the location being on the east side of CR 951. north of Rattlesnake Hammock Road. as shown on the sketch provided. The request has been reviewed by the Water Management Advisory Board and is recommended for approval with the stipulation that there be no further excavation; also. if any additional excavation is required, a permit must be applied for and approved prior to the beginning of the excavation, said Mr. Barksdale. Commissioner Wenzel moved. seconded by Commissioner Pistor and unanimously carried 5/0, that Excavation Permit No. 59.85 requested by the Target IV Range. in Section 11. Township 46 South. Range 26 East. be approved with the stipulation noted by Mr. Barksdale. " " ,.',,, ~.J.' ., September 18. 1979 ONE 12" WATER WELL PERHIT, TURNER CORPORATION, FOR SECTION 11, 1465, R28E - APPROVED WITH STIPULATIONS \:ounty Engfneer Barksdale explafned that the 12" water well requested by the Turner Corporation, to be located in the northelSt quarter of Section 11, Township 46 South, Range 28 East, is to provide irrigation for the Highland Citrus Groves. He safd that the Water Management Advisory Board recommends approval of the well pennft with the following stipulations: 1. That a copy of the driller's log be submitted to the County Engineering Department upon completion of the drflling operation. 2. That a water analysis regarding water quality be submitted to the County Engineer. Commissioner Archer moved. seconded by Commfssioner Wimer and unanimously approved, that the water well pennit requested by the Turner Corporatfon. as detailed above. be approved with the stipulations imposed by the WMAB. PRELIMINARY ACCEPTANCE OF PARK PLACE SUBDlVISION - APPROVED; RELEASE OF IRREVOCABLE LETTER OF CREDIT NO. A-31771-S - APPROVED: MAINTENANCE BOND (CONTINENTAL CASUALTY BOND NO. 433-17-19) IN THE AMOUNT OF $8.421.19 - ACCEPTED Following brief explanation by County Engfneer BarkSdale, Commissfoner Pistor moved, sec~nded by Commissioner Wimer and unanimously carrfed 5/0. that the Board grant preliminary acceptance of Park Place Subdivision. and accept the one-year maintenance bond (Continental Casualty Bond No. 433-17-19) in the amount of $8.421.19 posted by the developer; also. approve the release of the current "Irrevocable Letter of Credit No. A-31771-S" in the amount of $100.537.60, as recommended by staff. * * * * * 8001( 04B PACt 518 600K 048 PACE 523 \;)' ,,-':r:,-':,"-:_~t:':Jlt: ~l"-~:'~:.."-,,~.':;;;.~_~i> . '. ,-'~ ::,';';~~F~~:G;\:':\:'~YffJ:l~;;; '" '<" ' , e::,:..t;:,,"September' 18., 1919: BOARD APPROVES AND AUTHORIZES THE CHAIRMAN'TO' EXECUTE THE FOOT RIGHT-OF-WAY AGREEMENT, AND RESOLUTION. AND ACCEPTS FOR RECORDATION THE MAP OF SURVEY AND LOCATION FOR GOLDEN GATE BOULEVARD County Engineer Barksdale reported that, in accordance with the Resolution adopted by the Board on October 15, 1974 for construction of the 1-75 connector roads, preliminary engineering and survey work has been performed by the Florida Department of Transportation confirming the road rights-of-way necessary for construction of Gold Gate Boulevard between Airport Road and 1-75. He said that the pe~tinent documents in this regard are being presented for Board Action. Commissioner Wimer moved that the Board approve the FOOl' Right-of-Way Agreement and Resolution for the Chairman's signature; and that the Map of Survey for Golden Gate Boulevard be accepted for recordation.* The motion was seconded by Commissioner Pistor and carried unanimously. * Map on file in the office of the Clerk of the Board and recorded in Map Book 11, Page B5. * * * * * * * * ,r" ',' ',':'( ., September 18, 197!r ',' CHAIRMAN AUTHORIZED TO SIGN AGREEMENT WITH THE BIG CYPRESS BASIN/SFWMD RE PARTIAL FUNDING OFLELY OUTFALL AND SPREADER WATERWAY FEASIBILITY STUDY FOP PERMITS ' County Engineer Barksdale recalled that during the Board meeting of August 7, 1979, the Board approved an expenditure of up to $16.000 from Water/Management funds for the preparation of a Feasibili~ Study by CH2M Hill to determine if the permitting requirements could be met for the construction of the Lely canal outfall and spreader waterway. The Big Cypress Basin Board offered to fund 1/3 of the cost ($5,133) and an agreement to this effect is being presented for Board approval. Commissi~ner Pistor moved. seconded by Commissioner Wimer, that the Chairman be authorized to sign the agreer~nt with the Big Cypress Basin and the South Florida Water Management District for partial funding 01 the SUbject feasibility study. Upon call for the question, the motion carried 4/1 with Commissioner Wenzel voting in opposition. '* '* '* '* '* '* '* '* BOOK' O!i PACE 532 BOOK ~~~ September 18, 1979 REPORT BY BIG CYPRESS BASIN BOARD ADMINISTRATOR RE PROPOSED ECONOMIC FEASIBILITY STUDY ON CONSTRUCTION OF LELY WATER CONTROL STRUCTURE - NO ACTION TAKEN Mr. Fre~ Vidzes, Big Cypress ~asin Administrator for the South Florida Water Management District. ~tated that at the time the Basin Board authorized the execution of the contract which the Board Just approved. there was discussion about conducting an economic feasibility study for the Lely Water Control Structure project. He noted that the present agreement with the consultant CH2H Hill does not include such study and it is felt by the BCBB that the inclusion of such a study might be desirable. Mr. Vidzes stated that he had been directed to write a letter to the Board, through the Water Management Advisory Board, proposing the study. however. time has not permitted sUbmitting such a letter to the WMAB for it to be considered at their last meeting. It is being suggested. he continued. that the contract be enlarged to include the cost benefit study in order to determine whether or not there is an economic benefit to the community in the pertinent area to have the outfall and spreader waterway constructed. Following brief discussion. it was Mr. Vidzes' suggestion. which was concurl'~~ with by the Board. that no action be taken at this time pending WMAB action with regard to the subject letter. CONNECTION TO THE CITY OF NAPLES' NEWLY-CONSTRUCTED RAW WATER LINE TO SERVE THE PROFOSED WYNDEMERE SUBDIVISION - APPROVED Utility Director Berzon explained that the Wyndemere Subdivision is the previous Krehling project located in the south portion of Section 19, Township 49 South, Range 26 East. more speCifically located north of Golden Gate Parkway. east of Airport Road, and lies within the County's service area. The developer proposes to purchase raw water from the County by tapping the City's existing 36" raw water tran$mission main along Golden Gate Parkway and provide temporary on-site treatment. After providing the Board with additional details regarding the matter. Mr. Berzon said that it is being recommended that the Board authorize the Septem~er 18. 1979 Chairman to send a letter of "No objection" to the City of Maples together with a formal request that the City permit a tap into their transmission main. Commissioner Wimer moved. seconded by Commissioner Archer and carried unanimously 5/0, that the Board approve the Utility Director's recommenda- tion with regard to the proposal for a raw water connection to serve the Wyndemere Subdivision. FMHA"LETTF.R OF CONDITIONS" RE FINANCIAl. ASSISTANCE FOR SEWER AREA "8" SOUTH HALF - ACCEPTED. CHAIRMAN AUTHORIZED TO SIGN LETTER STATING BOARD RECOGNITION THAT SUBJECT FIINDS ARE LOAN FUNDS, AND THAT THE BOARD IS NOT ELIMINATING OPTIONS FOR GRANT Utility Director Berzon explained that the conditions for the Farmers Home Administration to provide financial assistance to the South Half of Sewer Area "B" are set forth in the FmHA Letter of Conditions dated August 8, 1979. He said that the County Attorney and he have been in touch with FmHA and tnat they have received assurance that the wording of the Letter of Conditions are unspeCific enough so that the County's best interests can be incorporated into the resolution which will be provided for bonding purposes. With that assurance and understanding, Mr. Gerzon said that it is recommend~d that the SUbject letter be accepted and that such acceptance be so indicated to the FmHA. Commissioner Archer moved, seconded by Commissioner Pistor. that the recommendation by staff with regard to financial assistance for Sewer Area liB" South Half be accepted. and that March 11, 1980 be established for holding a referendum. Commissioner Pistor inquired if The Glades is in any way included in Sewer Area "B" South Half with Mr. Berzon responding that as of now it is; however, he said that what happens to The Glades itself will be dependent upon the ruling of the FDER. the big concern being whether or not the State will continue to permit The Glades to continue to dump the effluent into Haldeman Creek. He added that the preliminary engineering plans show a connection from The Glades into the County's ".J'stem but whether this will ever be required is up to the State. BrnK 048 "w' ~~ .' ~OOK 048 PACE 537 September 18, 1979 Attorney George Vega, on behalf of The Glades, stated that the matter under discussic1 is the kind of i~fo~atfon his client is attempting to find out. and that it is unclear at this point whether or not The Glades 1s included or not. Mr. Vega noted that The Glades would just as soon not be included since they have a going program at this time serving approximately 1,000 people. He observed that if the system is not creating a problem, there are other areas where the service is needed, and that if they are dumping into Haldeman Creek it should be stopped. Mr. Berzon said that he could not second-guess the State as to whetiler or not the State will require all private plants to tie into the County's system. Responding to Commissioner Wimer, Mr. Berzon said that as long as the State does not mandate their being hooked on to the system. th~ County has no intention at this time of trying to get them to do so. To answer County Attorney Pickworth's query, Mr. Berz,)O <;aid that the financial feasibility of the system is not dependent upon Obtaining The Glades. at least at the present time. Commissioner Wimer inquired if The Glades will be included in the referendum to be held. which is a requirement of the FmHA regarding the subject District with Mr. Berzon responding in the affirmative. Following ~dditional discussion, Mr. Vega expressed the opinion that thE:: County is saying "Yes" regarding the inclusion of The Glades and requested that when the matter is clearly in mind that he be so advised. Mr. Everett Whittaker, affected property owner, inquired where there is property fronting on a main street with a private road running off of it how the sewer line will be rated going back to the private homes. Mr. Berzon said that if a collection line goes past the proper- ties, the properties will be assessed individually. Other questions regarding the placement of the laterals on Mr. Whittaker's property were responded to by Mr. Berzon. Mr. Bud Winkler, President of the East Naples Civic Association. brought to the attention of the Board several questions reaised by the Association including the proposed cost. why it 15 mandatory at this Septemblr18, 1979 time. the City's improper facilities for handling its sewage which is p~luting the Gordon River. th~ problem of the farmlands in t~. Golden Gate Estates draining pesticides and fertilizer intO the main canal which drains into Naples Bay, and other like matters. He expressed the opinion that the ongoing study will show that the septic tanks and package plants in the East Naples area are adding very little pollution to the Bay. It was his further opinion that the referendum will be turned down. These matters were addressed and discussed with Commissioner Pistor observing that an attempt will be made to obtain a FmHA grant to help with the financing. Commissioner Archer restated the motion on the floor regarding the acceptance of the FmHA Letter of Conditions. Mr. Serzon requested that the motion also contain authorization for the Chainman to sign a letter. stating that the Board recognizes that the subject funds are loan funds an~ that the Board is not eliminating any options for a grant. Commissioner Archer agreed to amending his motion to include Hr. Berzon1s conments, and Commis- sioner Pistor ~greed to seconding the amended motion. Upon call for the question tho motion carried 4/1 with Commissioner Wimer voting in opposition. * * * * * * * * 80CK 048 PACE 538 ,', rOo:;' yf; <i"~;~':;~~~~~;~~:>::;\i\~;;:'<' , " ,H>,Sep~btr 18~ 1979 - ',( ,,': .t";'.:~\,.'\~,', .~~~, ,~" .. LETTER OF CONDITIONS RE FMHA PERTAINING TO FINANCIAL ASSISTANCE FOR WILLOUGlBY ACRES WATER AND SEWER IMPROVEMENTS - ACCEPTED: CHAIRMAH AUTHORIZED TO SIGN LrnER TO FMHA STATlN" llOARD RECOGNITION THAT SUBJECT FUNDS ARE LOAN FUNDS, AND THAT njf BOARD IS NOT ELIMINATING OPTIONS FOR G~NT Pursuant to discussion and Board action with regard to the pre- vious matter. Commissioner Archer moved, seconded by COmmissioner Wenzel and unanimously carried, that the Letter of Conditions from FmHA with regard to financial assistance for the Willoughby Acres Water and Sewer Improvements be accepted, and that the Chairman be author1zed to sign a letter in recognition that subject funds are loan funds and that the Board is not eliminating any options for a possible grant. * '* '* * * '* * * 8CC~ 0f8 fACt 550 eOOK 04B r1.CE581 LETTER OF CONDITIONS RE FMHA PERTAINING TO, FINANCIAC ASSISTANCE FOR MARCO SEWERS PHASE I - ACCEPTED; CHAIRMAN AUTHORIZED TO' SIGN lETTER' TO FMHA STATING BOARD RECOGNITION THAT SUBJECT FUNDS ARE LOAN FUNDS,AND'THAT THE BOARD IS NOT ELIMINATING OPTIONS tOR GRANT Pursuant to discussion and Board action with regard: to the previous two matters, Commissioner Archer moved, seconded by Commissioner Wimer and unanimously carried, that the Letter of Conditions from FmHA with regard to financial assistance for the Marco Sewers Phase I project be accepted. and that the Chairman be authorized to sign letter to FmHA stating that the Board recognizes that the subject funds are loan funds and that the Board is not eliminating any options for possible grant. '" '" '" '" '" '" '" '" * J.I CHAIRMAN AUTHORIZED TO SIGN CONTRACT BETWEEN WILLIAM R. HOUGH" CO. AND BOARD RE FINANCIAL SERVICES INVOLVEO IN ISSUANCE OF BONDS RELATED TO ACQUISITION ~F ISLES OF CAPRI UATF~ SYSTD~ Pursuant to discussions held earlier in session, Commissioner Wenzel , , moved that the Chainman, as Ex Officio Chairman of the Governing Board of the County Water-Sewer District. be authorized to Sign the contract between the District and William R. Hough & Co. concerning the services, exp~nses, and compensation of the subject firm, as Underwriter, and relating to financial services involved in the issuance of bonds for the acquisition of the Isles of Capri Water System. The motion was seconded by Commissioner Wimer and carried 4/1 with Commissioner Pistor voting in opposition. . . . . . . . . * eoox 0f8 rAGE572 . !, ".,.. {'.,H l '. ,. .~.;....~' " "'~'i"";<., '. 1-"', . . , . - ','_ <;,'."'.:~.,.>,,' <'... .~'.'., .,;!j".f ."':. . .." ",r, "~""'" ' tlir18 '. 1979 BOOK 0f8 p~cE675 ' .' "", "', ....,.,.i't.i.." r',"?1W,, . ',~ " · , . ;."J;~("~~~t\f;i. .,"'::t:::: 9, " -~' ,- COUNTY ATTORNEY. REQUEST FOR PURCHASE OF EXISTING~; BM:,fo\4G;,CAR[J),TYPEWfu.TER AND DISCONTINUANCE OF PRESENT LEASE ARRANGEMENT ;;':'APPROVED' ' '-",r,," :" Pursuant to brief exp1anatiun by County Attarney'Pickworth, Com- missioner Wimer moved, seconded by Commissioner Archer and' unanimously carried 5/0. that the Chairman be authorized to sign IBM Installment Payment Agreement and Purchase Agreement for the existing IBM Mag Card Typewriter, and cancellation of existing lease re same, as requested by Mr. Pickworth/be approved. * * * * * * * * * . " ~ , ,;~ :::'~~~~2:$; . ':i<:CSeptember 18. 1979 '.it..... ;, CHAIRMAN A~7HORIZED TO SIGH ADDENDUM TO EMPLOYMENT AGREEMENT WITH COUNTY ATTORNEY RE LEASE OF AUTOMOBIL~ IN LIEU OF PAY INCREASES' County Attorney Pickworth requested that the Board consider his request for an addendum to his employment contract whereby he is permitted to lease an automobile in lieu of t~e recent salary increase of 7% which the Board is granting all employees. He said that the proposal will result in a minimum savin9s to the County of approximately $400. Commissioner Wenzel moved that the proposed addendum be approved, subject to the Attorney's assurance that the proposal is legal and within the law. and that the Chairman be authorf:ed to ~ign the Addendum to Employment Agreement. The motion was seconded by Commissioner Pistor and unanimously carried 5/0. Mr. Pickworth observed that he is aware of this arrangement in other counties. .. * * * * * * * ~ t'\' ~ ,;j. September 18, 1979 ROUTINE BILLS - AUTHORIZEO FOR PAYMENT Commissioner Pistor moved. seconded by Commissioner Wenzel and carried unanimously 5/0. that the bills, having been processed following established procedures. be approved for payment as witnessed by the foll~rlng w~rrants issued from September 12. 1979 through September 18. 1979: FUND Board Payroll Board Payroll - CETA County Warrants WARRANT 1I0S. 3846 - 4276 62922 - 63143 10931 - 11264 BILLINGS BY lITILITY DIVISION ADMINISTRATION FOR CERTAIN WATER-SfWER DISTRICTS FOR SERVICES RENDERED OCTOBER. 1978 THROUGH AUGUST. 1979 - APPROVED FOR PAYMENT Fiscal Officer Harold Hall stated that there are some bills being pre- sented which require special approval. those being the Utility Division Administrative billings to the various water and sewer districts, as follows: Water Management County Water Service Goodl and Wa ter Capri Water Sewer Area "A" Sewer Area "B" Ma reo Sewer Immokalee Water and Sewer Willoughby Acres Water/Sewer Marco Island Water and Sewer $ 12,620.69 34.043.08* 4.002.37* 1,822.39* 16,618.44. 4.119.58* 5,448.15* 189.89* 5,587.45* 4,734.65* Mr. Hall said that the ~il11ngs are for services rendered October, 1978 through August. 1979 (11 months) for the administrative services of the Utility Division which were set up last year and which will be done again, as in the past. The significant items requiring special approval. said Mr. Hall, are the starred items. noting that those districts do not have sufficient funds to pay the bill and it is recommende~ that the Board approve paying those through the General Fund which has been done in other cases for the early preliminary planning and engineering stages for these districts. He said that this will not increase any of the money owed the General Fund because currently the Utilities Administrative Division owes the General Fund this amount. He added that the particular districts will borrow from the General Fund and pay the Administrative Division. and the bottom line to the General Fund would stay the same. ,!OOK 048 '~CE 581 ., ........... sep~~r '18,'9~9 . , , '::~, .," .., County Attarney Pickworth ~u~:tioned whether or not the terminology \, ,". . ,',' is sufficiently clear to show that the p~vments are to be advances from the General Fund.' Mr. Hall s~tpi that the terminology used is consistent .., with what has been used in the past. Commissioner Pistor's suggestion was that the payments are advances from the General Fund and that the General fund will be repaid. Mr. Hall agreed with the Commissioner as did Attorney Pickworth. noting that where it states ~These Districts are to be paid through the General Fund" could be re-worded to state "These Districts are to be paid by an advance from the General Fund". Pursuant to a further suggestion for re-wording made by Utility Director Berzon, Commissioner Pistor moved that the subject billings for the Districts be paid for by an advance from the General Fund and the General Fund be repaid by each of the Districts when adequate cash is available. Commissioner Wimer seconded the motion. Concerning the terminOlogy of repaying "when adequate cash is avail- able". Attorney Pickworth stated that he has no problem with the verbage. noting that the word "adequate" may be an unnecessary adjective. Upon call for the question. the motion carried unanimously 5/0. BUDGET AMENm4ENT 79-144 TO PROVIDE BUDGETED FUNDS FOR 'ARCHITECTURAL COSTS FOR STOCKADE IMPROVEMENTS - ADOPTED IN THE AMOUNT OF $5.990 Commissioner Wimer moved. seconded by Commissioner Archer and unanimously carried 5/0, that Budget Amendment 79-144 to provide budgeted funds for architectural costs for the Stockade improvements be adopted in the amount of $5.990. ." ." ." ." ." ~ \1 i <I 'I 600K UID ,~1XJtj t;--.,: ~.........~ Sept,ember 1~'/1;~7g\ BUDGET AMENDMENT 79-145 RE TRANSFER OF FUNDS BETWEEN' ACCOUNTS, RE SOCIAC SERVICES-HOMEMAKERS - ADOPTED IN THE AMOUNT OF $1,689' ,- Commi.sioner Wimer moveu, t2conded by Commissioner Archer and" unanimously carried 5/0. that Budget Amendment 79-145 to transfer funds from regular salaries and related line items to equipment and to account- ing and auditing fees line items. re Social Services-Homemakers, be ~dopted in the amount of $1.689. ." ." ." ." ." ." ." ." ." ." MCK 04B F~t685 ",\~.'l\", %l'1".'.);~' ;,;,;~,:)S~P~~t,~~,19.79 J '", ','-"l: ;..;t.,,:,~~'~~" "",:: ~':,l,~_,'~<i,~;,~,,~ ',,<' ' -'",,,;' . '~';~ij.;lll'i"~i':{"'~ " ....'~:Ir'~!,ft,~-~..i;!,,"1, '{'.,.,; "; :"""""i<'t'~'lf; r,."';:'_"t-"--;"""':,;' . BUDGET AMENDMENT 79-146 TO TRAH$FER FUNOS BETWEEN ACCOUNTS'RE'ROAD & BRIDGE-TRAFFIC - ADOPTED IHTHE AMO~IT OF $3.800 ... Commissioner Wimer moved, seconded by Commissfoner(Archer and unanimously carried 5/0, that Budget Amendment 79-146 to transfer funds for installation of a traffic signal pole. modiffcation of traffic signal installation and repair of buried vehicle detector wires, in Road & Bridge-Traffic Department, be adopted in the amount of $3,800. . . * . . . * . * r ~ ~~~~ BUDGET AMENDMEHT, 79-147 TO TRANSFER SECOND GAS TAX FUNDS TO SECONDARY ROAD CONSTRUCTION ACCOUNT - ADOPTED IN THE AMOUNT OF $50.000 Commissioner Wimer moved, seconded by Commissfoner Archer and unanimously carried 5/0, that Budget Amendment 19-141 to transfer Second .A Gas Tax funds from the State Department of Adminfstration to the applic- able Secondary Road Construction Account, be adopted in the amount of $50.000. . . . . * * * * * * e',",_>_~~,,:,jt' ',~_:,- HUD "REQUEST FOR RELEASE OF FUNDS AND CERTIFICATION" RE COItWNITY DEVELOPMENT BLOCK GRANT SIGNED BY ~ICE-CHAIRMAN 9/14/79' . CONFIRMED Commissioner Archer moved. seconded by Commissioner Pistor and unanimously carried 5/0, that the signing on September 14. 1979 of the HUD Request for Release of Funds and Certification regarding the Com- munity Development Block Grant by Vice-Chairman Wenzel, be confirmed. It was noted by Administrative Aide to the Board Mary Horgan that the form was due on September 14, 1979. * * . . . * . * . 8eOK neB F~600 eoCK 048 'I.ct 693 COUNTY HEALTH UNIT BUDGET DETAIL RE SALAAIES AND BENEFITS, SIGNED BY THE VICE-CHAIRMAN SEPTEMBER 14. 1979 - CONFIRMED Commissione~ Archer moved, seconded by Commfssioner Pistor and unanimously carried 5/0, that the signing on September 14, 1979 of the County Health Unit Budget Detail with regard to Salaries and Benefits by Vice-Chairman Wenzel, be confirmed. It was noted by Adminfstrative Aide to the Board that the form was due on September 14. 1979. .Complete budget detail on file in office of Clerk of the Board. * ", * * * * * * * * ~OOK 048 tl.Cf 595 PROPOSAL BY GOLDEN GATE FIRE DISTRICT ADVISORY COMMITTEE FOR USE OF CONTINGENCY RESERVE FUNDS TO EMPLOY FIREFIGHTER HOW FUNDEO BY CETA - NO ACTION TAKEN PENDING REPORT BY COUNTY MANAGER September 18, 1979 Admi"fstrative Aide to the Board Mary Morgan noted the receipt of a letter from Roland B. Sanner. Jr., Chairman of the Golden Gate Fire District Advisory Board, requesting that the Board authorize the Dfstri~t to spend its contingency reserve funds to hire a fourth firefighter due to the loss of their CETA firefighter position. It was noted in the letter that only Mr. Sanner and fellow advisory board member Claude Miller were in attendance at the advisory board meeting when the matter was discussed with Mr. Miller disagreeing on the use of the subject funds for this purpose. County Manager Norman stated that since the above-referenced meeting Mr. Miller has conferred with him explaining his concern over the District being placed in a negative cash flow position and that he does not wish to see the surplus funds appropriated and spent to such a degree that there would be no balance for unexpected needs. Mr. Norman said that the cash flow projections based on updated information is being analyzed and that a report will be prepared for Board action at the next meeting which will further address the proposal made by the advisory board. It was the con- sensus of the Board that no action be taken at this time pending receipt of the subject report by the County Manager. REQUEST FOR SUPPORT OF FEDERAL LEGISLATION FOR CREATION OF AN EASTERN GULF OF MEXICO NATIONAL SEASHORE/WILDLIFE REFUGE SYSTEM - NO ACTION TAKEN Administrative Aide to the Board Mary Morgan noted the receipt of copies of letters written to Senator Richard Stone by Dinesh C. Sharma, Fort Myers, requesting assistance in the establis~nt of an Eastern Gulf of Mexico National Seashore/Wildlife Refuge System and requesting that the Board support the concept. Commissioner Wimer moved. seconded by Carm1ssioner Wenzel and carried unanimously, that no action be taken on the request. September 18. 1979 UTILITY DIRECTOR REPORTS ON HAND-DELIVERING "LETTER OF CONDITIONS" RE FMHA FINANCIAL ASSISTANCE MATTERS ON 9/20/79 IN CONJUNCTION WITH SFRPC MEETING THAT DATE Utility Director Berzo" reported that Frank W. Duval. Jr., District Director, FmHA. has requested that the entire Board. if possible, attend the Southwest Florida Regional Planning Council meeting in Fort ~ers, Florida on September 20. 1979 at which time he will be hand-delivering the FmHA Letters of Conditions. upon which the board has taken action this date. He said that apparently special mention will be made during the meeting with regard to these 'loans being extended to Collier County. Commissioner Pistor noted his intention to be present. COUNTY ATTORNEY REPORTS ON HEARING RE MEMBERSHIP IN COUNTY EMPLOYEE BARGAINING UNIT County Attorney Pickworth reported that a meeting was held September 17, 1979 before II hearing examiner for tt.e publ ic employees bargaining unit with regard to memberShip in the union. He said that the union felt just the blue-collar employees should be included with the County's position being that there should be just one union and should rppresent all of the County employees who are statutorily authorized to belong. He said that PERC will decide who is right or wrong in this regard. 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: 1. Copy of memorandum dated September 13. 1979 from County Attorney to Clerk William J. Reagan regarding questions raised 8/14/79 by the Utility Director and the Fiscal Officer pertaining to advances to various Water and Sewer Districts and Indebtedness to the General Fund - Filed. 2. Letter dated September 8. 1979 from Palmer G. Craig protesting the bill received from American Ambulance Service for services rendered and response from American Ambulance detailing charges - Filed. BOCK 0i8 PhGE598 . - ~. .;. September 18. 1979 . 14. Questionnaire dated September 14. 1979 from Florida, House of Repre5entatives regarding possible legislation in the ~rea of Deach preservation - ~~ County ~~nager for response; and filed. ' . 15. Letter dated September 14, 1979 from I.S.K. Reeves V, A.I.A., Architect: Design Group of Florida, Inc. re proposed Collier County Correctional facilities - xc County Manager for inter- face with the consultants. and Sheriff - and filed. 16. Letter dated September 13. 1979 from Maeve H. Foster, Executive Director, Area Agency on Aging transmitting copy of report re Title III Refunding Visit for the grant program,- Filed. 17. Memorandum dated September 17, 1979 from Joan Heggen, Secretary, Department of Community Affairs, transmitting copy of Crime and the Elderly Discretionary Fund - Program Guidelines 1979-80 - xc County Manager, and Sheriff - and filed. 18. Letter dated September 14, 1979 from John R. Maloy. Executive Director. SFWMD transmitting certificate certifying to the lands in Collier County lying wfthin the boundaries of the District, and a copy of Resolutfon 79-09 Adopting The Budget For Fiscal Year 1979-80, and copy of Resolution 79-10 Adopting The Tax Rate And Certifying The Levy To The County Property Appraisers Of The District - Filed. There being no further business for the good of th" County. the meeting was adjourned by order of the Chair - Time: 2:45 P.M. BOARD OF COUNTY COMMISSIONERS/EX OFFICIO GOVERNING BOARD(S) DF SPECIAL DISTRIC S UlIDER ITS CDNTROL . . ':1 ~oc,' 048 PACE.