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BCC Minutes 09/25/1979 R Naples. Florida. Septrmber 25. 1979 LET IT BE REMEMBERED. that the Board of County Commissioners in and for the County ~? Collier. and als~ a~ting as the Governing Board(s) of such special districts as have been createo accordfng to law and having con- ducted business herein. met on tl11s ('~tLl at 9:00 A.H. in Regular Session in Building "F" of the Courthouse Complex with the following members present: CHAIRMAN: David C. Brown VICE CHAIRMAN: 'Clifford Wenzel C.R. "Russ" Wimer Thomas P. Archer ABSENT: John A. Pistor ALSO PRESENT: William J. Reagan. Clerk; D3rlene Davidson and Jean Swindle. Deputy Clerks; C. William Norman. County Manager; Donald Pickworth. County Attorney; Neno Spagna. Community Development Administrator; Irving Serzon. Utility Dfrector; Jeff Perry. Deputy Zoning Director; Lee Layne. Planner; Clifford Barksdale. County Engineer; Mary Morgan. Administrative Aide to the Board; and Deputy Ctl'ef Raymond Barnett. Sherfff's Department. BOARD OF COUNTY COMMISSIONERS FINAL AGENDA September 25, 1979 NOTICE: ALL PERSONS SPEAKING ON AN'{ AGENDA ITEM MUST REGISTER PRIOR TO THE ITEM BEING HEARD. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMIT'rED TO THE COUNTY MANAGER AT LEAST ONE WEEK PRIOR TO THE DA!E 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 4. APPROVAL OF MIN'UTES: AUgust 21, 1979 aOOK 049 I'AGE J29 ~,. aOOK 049 PACE 13& . AGENDA - APPROVED WITH ADDITIONS September 25. 1979 Conmissioner Wenzel moved. seco~ded by Commissioner Archer and unanimously carried 4/0. that the agl!nd.l be approved with tho following additions: 1. Status Report on "advances" to the County ~4ter and Sewer Districts added to County Attorney's Report. and proposed Resolution re same. 2. Proposed acceptance of deed for property conveyed by Deltona Corp. and proposed Resolution canceling taxes of same. added to County Attorney's Report. MINUTES OF AUGUST 21. 1979: APPROVED AS PRESENTED Commissioner Wenzel moved. seconded by Commissioner Archer and carried unanimously 4/0. th"t the minutes of the meeting of August 21. 1979 be approved as presented. PROCLAMATIONS AND PRESENTATIONS OF SERVICE AWARD~ Chairman Brown presented proclamations of appreciation for continued service to the fOllOWing Collier County employees and offered congratula- tio~s on behalf of the Board: .El1da Martinez *L,yn Wa 1 ker .Charles Tomasino "'Curtis Anderson Frank Johnson .John Marron 011ve Bluejaeger .Jessie Flint ROi Shellebarger .Rox1e Brown .Douglas Bryan Adrian ~'ixon .Crucita Padilla Road and Bridge Maintenance Zoning Road & Bridge Road & Bridge Road & Bridge Marco Library Road A Bridge Road & Bridge Road & Bridge Road & Bridge Naples Library Road & Bridge "'Denotes employee present to accept the award 5 years servic~ 5 years service 5 years service 5 years service 10 years service 5 years service 5 years service 5 years service 10 years service 5 years service 5 years service 5 years service 5 years service PETITION NZ-79-6-C, COUNTY PLANNING DEPARTMENT AND MODERATE HOUSING COt~ITTEE: REQUESTING AMENDMENT TO SECTION 22 OF ORDINANCE 76-30 BY ^~~ING PA~RAPH V. MULTI-FAMILY ENTRY LEVEL HOUSING DISTRICT. -CON- TINUED UNTIL OCTOBER 23. 1979- Legal notice having been published in the Naples Daily News on September 6, 1979 as evidenced by Affidavit of PUblic't1on filed with . September 25. 1979 th~ Clerk. publfc hearing was opened to consfder Petftion NZ-79-6-C, by t~e County ~Ianning Department anu MOderate Housing Committee requesting an amendment to Section 22 of Ordinance' 76-30 by adding paragraph V. Multf-Family Entry Level Housing Dfs~rl~t. Lee Layne. Planner. told the P~ard that ft was the intent of the proposed amendment to encourage moderate income rental apartments to be built in Collier County. She said that the Board had p'reviously asked the Planning Department to establish "moderate housing" by developing regulations for same at the Public Hearfngs for the Comprehensive Plan. She said that there had been many months of meetings discussing these regulations between the Planning Department and the Moderate HOUSing Corrrni'ttee and that together they had developed the proposed amendment before the Boal'd today. Miss Layne named the members of the Moderate Housing Committee as follows: John Stefnwand ,Jack Conroy Jay Bishop Art Davis Karl Corley Fred Keys Earl Johnson Dr. Neno Spagna Lee Layne Miss Layne safd that after about three months of meetings. the Corrrnittee presented the proposed amendment for public hearing to the CAPe on September 6. 1979 and the CAPC unanimouSly recommended that the Board of County Commissioners approve Petftion NZ~79-6C with the amendment made at that meeting. The latter amendment was in the fonm of a Change to paragraph 3, to include language concerning TOR's-16 units per gross acre without TOR's and 20 units per gross acre with TOR's and this amend- ment has been incorporated in the presented Petition. she said. Hiss Layne stated that the proposed amendment to the Zoning Ordinance baSically consists of a proviSion for moderate income rental housing. with the principal uses to be multi-family rental dwelling units only; several accessory uses. proviSional uses as allowed in the other districts. one of whfch is multi-family dwellings of 4. 5. or 6 stories in height. The maximum height for this district would be 3 stories and she said there will be a minimum requirement of 5 acres needed to fonm the proposed district. SOOK 0C9 PACE ~ .., "', .. t.: -~t~ aOClK U49 rACl138 . " September 25, 1979 , Miss Layne.'explained that the principal difference in the proposed .district is that the present district requires a minimum floor area of the dwellings to be 750 sq. feet. and the proposed district would only require 450 sq. feet. for efficiency apsltments and ranging up to 900 sq. feet for 3 bPdroom apartments. Commissioner Wenzel commented that he questioned the need for the creation of a new district just to reduce the square footage allowed. noting that the Board can make exceptions any time someone shows sincere intent to complete a low-income type of housing. Lee Layne repl'ed that the districts that the County has on the books now only allow 6 units per acre. and this RM-1 district has a 750 sq. feet minimum per unit. She said that by granti~g a lesser requirement on the square foot floor area needed. the County still would require that only 5 units be allowed on an acre. Hiss Layne added that it was the opinion of the developers she and the Committee had spoke with on the SUbject of moderate income hOUSing, and that of the Committee. that the only way this County would get ~ny moderate cost housing is to give a density that is reasonable along with the reduction of the required floor area. She said it was not the intent of this proposed Zoning amendment to rezone any area. but rather to have this district available if developers were to come to the Board end request il rezoning. Commissioner Wenzel said it is his opinfon that this type of a district. if adopted. would or1y open up the areas in question to more land speculation. and that he preferred the method to be used to accomplish this lllOderate income hoUSing be left to the Board's present procedure of granting exceptions. County Attorney Pickworth questioned the five acre minimum and said th^t he felt that this requirement would pose a hardship on the smaller contractors who might want to develop this type of housing and he also felt that this requirement would eliminate many parcels located in areas I September 25. 1979 where moderate cost housing would be beneficial. He said there were many parcels of land that were somewhat smaller than five acres that he felt would be suitable for this type of ~on$truction. Lee Layne answ~red thes~ remark, with the explanation th.t the Committee did not feel that development of on. acre tracts into 16 units would con- stftute a reasonable developw.nt project. It was Attorney Pickworth's contention that the proposed amendment wfth a five acre requirement does not facilitate an economically logical use of available parcels less than five acres but rather tends to open up the area for speculation in that only large scale development on large tracts of land would result. He added that he was in favor of producing lower cost housing but felt this five acre requirement would lock out the smaller builders with lower overhead who may be better equipped to accomplish this type of building. Commissioner Archer asked that this Petition be brought back at a later date because he felt a need to discuss the matter of controlling occupancy of these apartments along with other Objections he has with the Coun~ Staff before making a decision. Commissioner Wenzel suggested bringing it back to a full Ooard in three weeks. Hearing no further discussion. Chairman Brown asked for a motion. and Commissioner Archer so moved. seconded by Commissioner Wenzel. and carried unanimously 4/0 that Petition NZ-79-6-C be continued for public hearing on October 16. 1979.* *Later on in the meeting Commissioner Archer moved. seconded by Commissioner WImer and carrfed unanimously. that Petition NZ-79-6-C be continued for public hearing on October 23. 1979. PETITION NZ-79-7-C. COUNTY PLANNING DEPARTMENT: REQUESTING AN AMENDMENT TO SECTION 37. AGRICULTURE DISTRICT BY ADDING A PROVISIONAL USE TO ALLOW FOR PROCESSING. DISTRIBUTION AND SIMILAR USES FOR AGRICULTURAL PRODUCTS GROW~ ON OR OFF SITE. -CONTINUED UNTIL OCTOBER 30. 1979- Legal notice having been published in the Naples Daily News on September 6.- 1979 as evidenced by Affidavit of Publicatfon filed with the \ f ~om~m !'OOK. 049 PA~r 138 September 25. 1979 Clerk. public b~~ring was opened to consider Petition NZ-79-7-C. County 'Planning Department. requesting an amendment to section 37. Agriculture District. by adding a Provisional Use to a110w for processing. distribution and simihr uses for agricultural product.; t'Jrown on or off site. Chairman Brown said that the CAPC has requested this Petition be continued for public hearing until October 30. 1979. Commissioner Archer n~ved. seconded by Commissioner Wimer and carried unanimously 4/0. to continue Petition NZ-79-7-C for public hearing untfl October 30. 1979 as requested by the CAPC. PETITION NZ-79-8-C. COUNTY PLANNING DEPARTMENT: REQUESTING AN AMENDMENT TO SECTION 29 OF ORDINANCE 76-30 BY ADDING SECTION 29.1 MOBILE HOME RURAL ESTATES DISTRICT. -CONTINUED UNTIL OCTOBER 23. 1979. Legal notice having been publiShEd in the Naples Daily News on September 6. 1979 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition NZ-79-8-C. County Planning Department. requesting an amendment to section 29 of Ordinance 76-30, by adding section 29.1. Mobile Home Rural Estates District. Lee Layne. Planner. recalled that the Board had requested that the Planning Dep~rtment develop a proposed amendment to facilitate the incorporation of Mobile Homes into agricultural areas. She added that the request was a result of a Variance requested at a previous BBC meeting and the proposed amendment was presented to the CAPC on September 6. 1979 and they had works hopped the amendment and added the requireMent that 40 acres be required for a development with the minimum lot size of 2 acres. She added that the CAPC recommended that the Board of County Commissioners ~dopt the amendment as presented today. Miss Layne said that the proposed amendment allows zoning somewhat similar to that which is located in the Golden Gate "E" Estates area except for the addition of Mobile Homes besides the single family dwelling units that are now allowed. and a ~inimum lot requirement of 2 acres. rather than 2 1/4 acres presently allowed in Golden Gate Estates. \ September 25. 1979 Commissioner Wenzel said that he does not concur with the concept of mixing Mobile Homes (trailers) with conventionally built homes. He did say that he felt that the County should el'lt;ollrage the building of modular homes. stating that he did not feel that tral1ers arChitecturally fit-in with con- ventionally built homes. After hearing Planner Layne's explanation in which she pointed out that Staff does not feel the aforementioned -mixing" was valid on $mill building lots. but was acceptable on larger tracts. Commis- sioner Wenzel said that he would go along with making exceptions to those people who requested an exception. due to hardships. but rejected the idea of making this a County-wide ruling by adopting this amendment. Commissioner Wimer expressed his belief that the County needed something li ke this on the books. because the County already has areas where this typr of zoning exists. There are areas where individuals have mobile homes who are placed in a bind when it comes to replacing or repairing them said Miss Layne and she explained to the Board that this type of zoning was already a matter of record in Immokalee. in one of the "A" dis tri cts. Commissioner Archer reminded the Board that this petition would require a 4/5 vote to be granted because it was an amendment to the Zoning Ordfnance. He suggested that it be brought back to the Board at a later date when a full Soard is expected since Commissioner Wenzel apparently was uncomfortable with it. He said he f!lt that the Board should accept the staff's recommendation to adopt this amendment and that he felt this would be a form of "clean-up" in the areas throughout the County that already are experiencing problems that are related to Mobile \ Home use. Mrs. James Code. a rural County resident who lives with her husband and four children in a Mobile Home in an area where many people live in mobile homes was present as a proponent to adoption of the amendment and said that she finds her family in I bind because her family is too large -"" 100. 0(91l1r~ ], ~I &OOK UW fA;E J. 4U September 25. 1979 for the one trailer she has and so they purchased another only to find out .that a building permit was unobtainable in Collier County to tie the two together with a connecting structure. She lives in overcrowded conditions because of zoning regulations that are st:-l.cturE:d in such a way as to consider her family's mobile home and t./14t. of her neighbors as non-con- forming structures. and thereby p~~hibits the adding to or replacement of their mobile home. she said. Mrs. Code asked the Board to take the financial hardship aspect of her case into consideration before voting. Commissioner Wenzel said that he felt there shou'~ not be a County-wide ruling for the benefit of a few individuals. and he questioned the possibility of adopting a process whereby an individual already having trailers on their land should be allowed to make improvements. Commissioner Wimer stated that if that were to occur he felt that Board would be making these individual exceptions every day. Commissioner Archer said he felt that this type of discretionary approval would open up all the County's Zoning Classifications for the same thing. After a lengthy discussion of the amendment in question Chairman Brown called for a motion. and Commissioner Wimer moved. seconded by Commissioner Wenzel and carried unanimously. that Petition NZ-79-B-C be continued for public hearing on October 23. 1979. when a full Board will be present. Attorney Pickworth asked the Board if he might study the alternatives to the amendment requested at this hearing along with the zoning department and he emphasized the need for professional judgement being entered into in this case. Commissioner Wimer stated that the Board has already directed the staff to draft an amendment to mix mobile homes and houses and that the amendment presented today is exactly what was asked for. ORDINANCE NO. 79-73 RE PETITION NZ-79-9-C AMENDING ZONING ORDINANCE TO REQUIRE THE REMOVAL OF AND PROHIBITION OF SALE. PLANTING AND INTER-COUNTY T~NSPORTATION OF EXOTICS. -ADOPTED Legal notice having been published in the Naples Daily News on September 25. 1979 September 6. 1979. as witnessed by Affidavit of Publication filed with the Clerk. public ~aring was open~ to consider Petition NZ.79.9-C. by the Environmental Advisory Council, requestIng an amendment to the Zoning Ordinance to require the removal 0' an! ')rohibition of sale. planting and inter-County transportation of eX(Jtics. Melaleuca and Brazilian Pepper. Lee Layne. Planner. told the Board that the CAPC considered the "Exotics" Ordinance on September 20. 1979 and recommended approval in the form as it is presented to the Board today with a vote of 5/2; Messrs. Oates and Frank dissenting because they felt it was unenforcable and the County's present procedures for rezones and provisional uses cover these areas. She added that the amendment before the Board today provides for the removal of exotics before development OCCW'S; provides for the pro. hibition of sale. planting of. and transportation of live exotics; and it exempts lands presently zoned and platted as single family and agri- cultural zoned lands. There is one exemption she said. in that the Director may. if the exotics are winthln an environmentally sensitive area. except thetr removal after being reviewed by the Environmental Consultant. Mr. Raymond Link. Environmental Advfsory Council. spOke as a proponent of the proposed ordinance. He told the Board the EAC has spent several months tryfng to draft an effectfve and practical amendment to the Zoning Ordinance which would inhibit the further want and proliferation of exotics. Melaleuca and Brazilian Pepper. In essence. these are weed trees that force out the native vegetation. he said. and ultimately reduce the biological diversity of Collier County. Mr. Mike Duever. National Audubon Society. gave a presentation on the reasoning hehfnd eliminating the species Meleleuca. He touched on various reasons. some cf them being: Helaleuca chokes out native vegetation; it spreads rapidly; it is easily proliferated through seed. cuttings. stumps. and limbs; it is a fire hazard due to its papery makeup; and it is eoox: 049 PAGE 141 ~ :.... ./ :!I"" '" ~., aOOK 049 rAGE 14Z September 25. 1979 of little or no value to animal life. He added that the economical reasoning for rapid destruction of the speries lies in the fact that it spreads so rapidly and easily. that if the County ~alts much longer it wil' only have to expend more funds and use more ~. ~r~y to do so at a 1ater time. t1r. Richard Workman. Sanibel.Captiva Conserv~~1~n Foundation. gave a presentation on the advisability of riddir/g the County of the exotic Brazilfan Pepper. He gave many reasons fOl4 this control and some of them are as follows: Brazilian Pepper crowds native vegetation. and habitats. reducing wildlife productivity; it is toxic both to wildlife and man; control when wide-spread is expensive and requires many long man-hours. Lee Layne also told the Board she had received a letter from T. Gary that was in proponance with the proposed ordinance. Commissioner Wimer questioned the need for section "D" in the presented ordinance. and said he was inclined to vote for adoption of the proposed ordinance if it were to be deleted. Planner Layne told the Board that the EAC had no objection to the deletion of section "0". Commissioner Wimer moved. seconded by Commissioner Archer and carried unanimously 4/0. that the item "D" Exemptions be deleted from the proposed Ordinance. After a brief discussion Commissioner Archer moved. seconded by Commissioner Wimer to close the public hearing. The motion was carried unanimously 4/0. Hearing no further discussion Chainman Brown called for a motion. Commfssioner Archer moved. seconded by Commissioner Wimer and carried unanimously 4/0. that the Ordinance. as numbered and entitled below. be adopted and entered into Ordinance Book 110. Commissioner Wimer stated that he felt the County should go even further' and raise the money to eradicate these exotics from the entire County. He said that he had no idea of the possible cost of a project ~ September 25" 1979 like this but that perhaps the Forestry Service could provide t~e County wi th an estil1l4te. Chairman 81'OWO ..oncurred with Commissioner Wimer's idea and stated that the passing of the ordl~ance was the first step in the right direction. ORDINANCE 79 - ..11- AN ORDINANCE AMENDING ORDINANCE 76-30, THE COMPREHENSIVE ZONING REGU- LATION FOR THE UNINCORPORATED AREA OF THE COASTAL AREA PLANNING DIS- TRICT BY AMENDING SECTION 8 - SUP- PLEMENTARY DISTRICT REGULATIONS BY ADDING A NEW PARAGRAPH 2S - EXOTICS AND BY PROVIDING AN EFFECTIVe DATE. PETITIO~ NZ-79-10-C. COUNTY PLANNING DEPARTMENT AND MODERATE INCOME HOUSING COMMITTEE: REQUESTING AN AMENDMENT TO SECTION 9 OF ORDINANCE 76-30 TO ALLOW FOR TRANSFER OF DEVELOPMENT RIGHTS FOR THE NEW MULTI-FAMILY ENTRY LEVEL HOUSING DISTRICT.-CONTINUED UNTIL OCTOBER 23. 1979- Legal notice having been published in the Naples Daily News on September 6. 1979. as witnessed by Affidavit of Publication filed with the Clerk. public hearing was opened to consider Petition NZ-79-10-C. by the County Plannfng Department and Moderate Income Housing Committee. requesting an amendment to Section 9 of Ordinance 76-30 to allow for Transfer of Development Rights for the new Multi-Famfly entry level Housing District. Commissioner Archer said that in view of the fact that this is a companion petition to Petition NZ-79-6-C. which has been continued for public hearing on October 16. 1979. perhaps the Board should continue this petition also. Mary Morgan. Administrative Aide to the Board. clarified the date on which a full Board might be expected as October 23. 1979. Commissioner Archer moved. seconded by Commissioner Wimer and carried unanimously 4/0. to continue the public hearing for Petition NZ-79-1D-C until October 23. 1979. Lee Layne. Planner. requested that Petition NZ-79-6-C also be con- tinued for the same day whereupon Commissioner Archer moved. seconded by Commissioner Wimer and carried unanimously 4/0. to change the continuance date of Petition NZ-79-6-C from Ootober 16. 1979 to October 23. 1979 as requested by the PL ..ling Department. .. . . . . .'_ -.i rn-. ". ""'I aOOK. 049 tAGE14' S~pt.~btr 25. 1979 ORDINANCE NO. 79-74. CREATING TtlE L~LY PALMETTO DUNES STREET LIGHTING MUNICIPAL SERVICE TAXING DISTRICT - ADOPTED Legal notice having been publishtt. in the Naples Daily News on September 6. 1979. as evidenced by Affidavit of Publication on file with the Clerk. public hearing was opened to consider the creation of the le1y Palmetto Dunes Street. Lighting MSTD. County Engineer Cliff Barksdale explained that current County $IJbdi vis ion ReQul ations requi re that street lights be ins tall ed in all new subdivisions. He said that the developers have the option of installi~g the street lights or requesting the County to create a street lighting district for this purpose. He added that the developer of Lely Palmetto Dunes has requested a street lighting district be created by the Board of County Commissioners and that it is his recommendation to the Board that they authorize the Chairman to execute the ordinance which would create the Lely Palmetto Dunes Street Lighting MSTD. Hearing that there was no one registered to speak. Commissioner Wenzel moved, seconded by Commissioner Archer and carried unanimously 4/0. to close the public hearing. Hearing no further discussfon. Chairman Brown asked for a motion and Commfssioner Archer moved. seconded by Commissioner Wenzel and carried unanimously 4/0/ to authorize the Chairman to execute the Ordinance as numbered and entitled below. and that it be adopted and entered into Ordinance book 110. ORDINANCE 79-74 AN ORDINANCE CREATING THE LEL Y PALMmO DUNES STREET LIGHTING MUNICIPAL SERVICE TAXING DISTRICT; PROVIDING THE BOUNDARIES OF THE DISTRICT; DESIGNATING THE GOVERNING BODY OF THE DISTRICT; AUTHORIZING A TAX LEVY AS PROVIDED BY LAW; PROVIDING FOR COHSTRUCTIOtf AND AN EFFECTIVE DATE t September 25. 1979 ORDINANCE NO. 79-75 CREATING THE RIVIERA COLONY GOLF ESTATES UNIT 2 STREET LI~TING MU"ICIPAL SERVICE TP~IN~ DISTRICT -ADOPTEO- Legal notice having been publi~h~d fn the Naples Daily News on September 6. 1979. as evidenced by r'.idavit of Publication filed with the Clerk. public hearing was opened to consider the adoption or an ordinance creating Riviera Colony Golf Estates Unit 2 Street I.ighting MSTD. Engineer Barksdala told the Board that this petition was similar to the one previously approved. and would create a MSTD to sel~e ~he RiY~era Colony Golf Estates Unit 2. Hearing that there was no one registered to speak. Commissioner Wimer moved. seconded by Commissioner Archer and carried unanimously 4/0. to close the public hearing. Attorney Pickworth asked Hr. Barksdale if these individual lighting districts could be amended into the County's lighting District in the future. Engineer Barksdale replied affinnatively. stating that this has been the case in Marco in the past and thfs procedure combined several independent taxing districts into one district for the Island as a whole. Hearing no further discussion. Chairman Brown called for a motion. Commfss10ner Wimer moved. seconded by Commissioner Archer and carried unanimously 4/0. that the Ordinance. as numbered and entItled below. be adopted and entered into Ordinance book No. 10. ~ ORDINANCE NO. 79-75 AN ORDINANCE CREATING THE RIVIERA COLONY GOLF ESTATES UNIT TWO STREET LIGHTING MUHICIPAl SERVICE TAXING DISTRICT. PROVIDING THE BOUNDARIES OF THE DISTRICT' DESIGNATING THE GOVERNING BODY OF THE DISTRICT: AUfHORIZIMG A TAX LEVY AS PROVIDED BY LAW; PROVIDING FOR CONSTRUCTION AND AN EFFECTIVE DATE ~O~~~ &OOK U4.~ rAGE 14ti September 25. 1979 . RESOLUTION ~O. 79-141 VACATING A PLATTED 81 FP&L UTILITY EASEMENT. LOT 18. BLOCK B. nIVERWOOD EAST ~BILE_HOME PARK. UNIT 2-ADOPTED Legal Notice havfng been publis~ed in the Naples Daily News on September 6 and September 13. 1979 a" p.vfdenced by Affidavit of Publica- tion filed with the Clerk. public hearing was opened to consider the petition by Mr. & Mrs. James W. Adams to vacate a platted 8' FP&L utility easement. Lot 16. Block B. Riverwood East Mobile Home Park. Unit 2. Engineer Barksdale told the Bo"rd that this petition has been re~iewed by the Engineering Department and the Chairman of the Water Management Advisory Board. and he had received letters of "No objection" from all of the Utility Companies. He recommended that the utility easement be vacated. Hearing that there was no one registered to speak. Commissioner Wenzel moved. seconded by Commissioner Wimer and carried unanimously 4/0. to close the public hearing. Commissioner Wenzel moved, seconded by Commfssfoner Archer and Carried unanimously 4/0. that Resolution No. 79-141 re Petition by Mr. a Mrs. J&mes W. Adams. vacating a platted 81 FP&L utility easement. Lot 18. Block B. Riverwood East Mobile Home Park. Unit 2. be adopted. .. .. .. .. . ( .1 &OOK. 049 p~ 148 , September 25. 1979 ORDINANCE NO. 79-76 AMENDING ORDINANCE 77-53. CORRECTING PARAGRAPH 4D ~AZARD MARKr~~ AND LIGHTING FeR IMMOKALEE AIRPORT-ADOPTED. Legal notice havin9 been published in the Immokalee Bulletin on September 6. 1979. as evidenced by Affh\ "it of Publication fl1ed' with the Clerk. public hearing was oper.ed to consider the amending of Ordinance 77-53 to correct paragraph 40. re hazard marking and lighting for Immokalee Airport. Zoning Director Carl Clemmer explained that Ordinance 77-53 which establishes regulations for the Immokalee Area Planning District by adding a new section 12. governing hazards fn and around the Immokalee Airport has. in its present form. a typographical error in paragraph 4D. thus making the Ordinance very incoherent. He noted that this error was discovered by the Legal Department and that the correction is incorporated in the proposed Ordinance. Mr. Clemmer noted that the reason the County has regulations governing the Immokalee Airport in the Coastal Area Ordinance is because it is required by the Federal Aviation Authority. Also. the Zoning Department recommends the correction be approved. Hearing that no one was registered to speak. Commissioner Wenzel moved. seconded by Commissioner Archer and carried unanimously 4/0. to close the publ ic hearing. Commissioner Archer moved. seconded by Commissioner Wenzel and carried unanfmously 4/0. that the Ordinance as numbered and entitled below. be adopted and entered into Ordinance Book No. 10. ORDINANCE NO. 79-l!- A!J ORDINANCE AMENDING ORDINANCE NO. 77-S3 WHICH AMENDED ORDINANCE NO. 74-1S,CORRECTING PARAGRAPH 4D,HAZARD MARKING ~tD LIGHTING SPECIAL REGULATIONS GOVERNING HAZARDS IN AND AROUND '!'HE IHMOMLEE AIRPORT (ED SCOTT AIR FIELD) AND PROVIDIUG AN EFFECTIVE DAft: I September 25. 1979 RESOLUTION NO. 79-142 RE PETITION V-79-17. FOREST LAKES GOLF A TENNIS CLUB. r.RANTING A ~EAR.YARO SETBACK VAR:~NCE-AOOPTEO- Legal notice having been publ1Jhed in the Naples Daily news on September 6. 1979. as evidenced by P. :idav1t of Publication filed with the Clerk. public hearing wa~ opened to ~nnsid.r Petition V-79-17 filed by Dennis Leech representing the FOREST LAKES GOLF a TENNIS CLUB. requesting a variance in the rear yard setback lin.s on the northern border of a proposed tennis court. Deputy Zoning Director Jeff Perry explained that the property in question is that of a site of a new condominium in the Forest Lakes development. just south of Pine Ridge Road. ~nd the rear of the propert,y borders a golf course. He said that the petitioner wishes to reduce the rear yard from the required 35 feet to 22 feet off the golf course for construction of a tennis court. He added that this request was being made because of a desire to save a number of pIne trees that are n~ in the permitted building area. Recommendation by staff is for th~ denial of the petitfon, he safd. Mr. Dennis Leech. Project Director for Forest Lakes development. said that although there was adequate room for the tennis courts on the per- mitted building area his request for the variance was to save a large stand of pine trees as part of an extensive landscaping plan for this project. It has been the intent of this planning to incorporate as much natural foliage as possible. he said. and asked the Board to grant the variance. He read a letter from the original owner and develo~er of this project. Mr. Sheehan. in which he concurs with the request. He also produced a site plan substantiating his firm's extensive land~cape planning in the area. Commissioner Wenzel stated that he went along with the saving of the pine trees. and did not feel anyone would be caused any problems by allowing this variance. He also said that this request seemed in com- pliance with other ordinances that requfre the saving of trees whenever possible. aGOl 049 PAtE 149 &OO~ U'i~ PAGE ..L\JU September 25. 1979 County Manager Norman said that he had reviewed this petition with the Zoning Department and he feels that the staff recommendation of denial is appropriate because of the 1 I~itntions of the ord1nanct. but he also would suggest that because of the points that have been raised that it is within the Board1s purview to grant the variance and over-rule the st~ff because there h~ve been elements of hardship presented to the Board Hearing no one else registered to speak on the matter before the Board. Commissioner Wenzel moved. $econded by Commissioner Archer and carried unanimously. 4/0. that the public hearing be closed. Commissioner Wenzel moved. seconded by Commissioner Archer and carried unanimously 4/0. that Resolution No. 79-142 granting the rear yard setback variance for tennis courts in the Forest Lakes Golf & Tennis Club as requested by Dennis Leech. in Petition No. V-79-17-C be adopted. . . . . . . . . &OCK 049 PAte 154 September 25. 1979 COLLIER COUNTY WATER/SEWER DISTRICT BUDGET FOR FY 1979-80-APPROVED IN IHE ~UNT OF ~ ")' .- ,(\.- - I. ..r; t /'i/_,_: Legal notice having been published in the Naples Daily News on September 17. 1979. as evidenced by Affidavit of Publication fi12d with the Clerk. public hearing was opened to consider the Collier County Water/Sewer District Budget for FY 1979-80. Utility Oirector Irving Berzon told the Board that there had been an error in the publication of the public hearing on this matter and that readvertis1ng had to be done. therefore this proposed budget was before the Board this week fn addition to being before the Board last week. Hearing that there was no one registered to speak. Commissioner Wfmer moved. seconded by Commissioner Wenzel and carried unanimously. to close the public hparing. Commissioner Wimer moved. seconded by Commissioner Archer and carried unanimously 4/0. that the Collier County Water/Sewer District Budget for FY 1979-80 be adopted in the amount of '2~02~~048. IMMOKALEE WATER/SEWER DISTRICT BUDGET FOR FY 1979-BO-APPROVED IN THE AMOUNT OF $10.363.533. Legal notice having been published in the Naples Daily News on September 17. 1979. as evidenced by Affidavit of Publication filed with the Clerk. publiC hearing was opened to consider the Immokalee Water! Sewer District Budget for FY 1979-80. Utflity Director Berzon explained that due to an error in the publfcation of the necessary advertising for the public hearing. read- vertising had to be done. He said that is why this budget is before the Board today as well as last week. Hearing that there was no one registered to speak. Commissioner Wimer moved. seconded by Commissioner Archer and carried unanimously 4/0, that the public hearing be closed. I September 25. 1979 Commissioner Wimer moved. s~~onded by Commissioner Archer and carried unanimously 4/0. that the Immokalee ~ater/Ser~r Dist~ict Budget for FY 1979-80 be adopted in the amount ~I $10.363.533. MARCO WATER/SEWER DISTRICT BUDGET FOR FY 1979-BO-AOOPTEO IN THE AMOUNT OF $11.592.839. legal notice having been published in the Naples Daily News on September 17. 1979. as evidenced by Af;1~avtt of Publication filed with the Clerk. public hearing was opened to consider the Marco Water/Sewer District Bud~et for FY 1979-80. Utility Director explained that this budget was before the Board today in addition to last week because there had been an error in the Publication of Advertising the public hearing and that readvertising had to be done. Hearing that there was no one registered to speak. Commissioner Wimer moved. seconded by Commissioner Wenzel and carried unanimously 4/0. to close the public hearing. Commissioner Wimer moved. seconded by Commissioner Archer and carried unanimously 4/0. that the Marco Water/Sewer District Budget for FY 1979-80 be adopted in the amount of $11.592,839. PETITION CP-79-6C AMENDMENT OF COMPREHENSIVE PLAN RE IDEAL FISH CAMP- &DVERTISIHG AUTHORIZED FOR PU8LIC HEARING 11/6/79 Commissioner Archer moved. seconded by Commissioner Wimer and carried unanimously 4/0. that Petition CP-79-6C by the Board of County Commissi~ners for a Comprehensive Plan land use amendment from Commercial to Residential. 0-4 units per gross acre on property known a~ Ideal Ffsh Camp be advertised for public hearing on November 6. 1979. aoox.049 rACE155 aOOK 049 rA;E 156 September 25, 1979 .PETITION R-79-32C RE REZONING FROM "CI" TO "RS-3" ON PROPERTY KNOWN AS IDEAL FISH CAMP-ADVERTISING AUTHORIZED FOR PUBLIC HEARING NOVEMBER 6. 1979. Commissioner Archer moved, second~d by Commissioner Wimer and carried unanimously 4/0. that Petition n-79. I~C bj the Board of County Commiss10ners for a rezoning from "CI" COmmPrcian Industrial to "RS-3" Residential Single Family on property known as Ideal Fish Camp be advertised for public hearing on November 6. 1979. PETITION SMP-79-4C, DELTOiu\ LAND & INVESTMENT CORPORATION REQUESTING A SUBDIVISION MASTER PLAN APPROVAL. TRACT A. UNIT 13. MARCO BEACH SUBDIVISION- ADVERTISING AUTHORIZED FOR PUBLIC HEARING OCTOBER 23. 1979 Commissioner Archer moved. seconded by Commissioner Wimer and carried unanimously 4/0. that petition SMP-79-4C. by Deltona Land & Investment Corporation requesting approval of a Subdivision Master Plan on a replat of a portion of tract A. Unit 13. Marco Beach Subdivision be advertised for public hearing on October 23. 1979. AMENDMENT TO COLLIER COUNTY UNIFORM PISTOL LICENSING ORDINANCE-ADVERTISING AUTHORIZED FOR PUBLIC HEARING 10/23/79. Commissioner Archer moved. seconded by Commissioner Wimer and carried unanimously 4/0. that the Amendment to t~e Collier County Uniform Pistol Licensing Ordinance by providing an increase in fees; invalidating permits used by permittees while in bars or saloons; and provide for possible revocation of permits to those permittees who possess permitted firearms under these circumstances. be advertised for public hearing on October 23. 1979. ... ... * ... * . . . . . . . . RECESS 10:15 to 10:20 A.M. ... . ... ... * ... ... ... * .. . . . '" I September 25. 1979 BOARD DENIES REQUEST BY DR. NENO SPAGNA TO SERVE O~ THE NATIONAL ASSOCIATrON OF COUNTIES ~OMMUNITY DEVELOPMtNT ?OLICY STEERING COMMITTEE. Dr. Neno Spagna. Director of C~~unity Oovelopment. told the Board that he had not planned to serve on '.,,~ N'tional Association of Counties Community Development Policy ~teering C~I~1ttee; however. since he had been reappointed by the incoming President of NACO he did feel he Owed the Board the opportunity of reviewing the matter. He said that he was appointed to serve on this c~ittee by the State and his attendance would also affect the SACC group for the state. and if the Board feels that there is sufficient benefit to the County for him to attend these meetings he agreed to do so. whether it is on his time or the County's time. He added that he would expect the County to pay the travel expenses of approximately $1.600. for the four meetings. as more fully outlined within the executive summary. Commissioner Archer noted his concurrence with the request due to the fact that NACO had been beneficial to the County in the past. Commfssfoner Wimer said he was hesitant in the matter as he questioned the possibility that if the County had a new man "on the board". if he should not be on this committee. Dr. Spagna said that he did not think a new man could. as he would have to be apPOinted by the President of NACO. Mr. Norman stated that he had mfxed emotions on this request in that Dr. Spagna would be working one year for the County as a consultant with a limited amount of time available. He suggested that the Board accept Dr. Spagna's offer to serve on his own time. He was also concerned that Dr. Spagna might not continue to serve the County after the one year is up and therefore this may not have any fmmediate benefit to thd County. Commissioner Wenzel noted that the one year in question has not been agreed on as yet by the Board. Hearing no further comments. Chairman Brown called for a motion and Commissioner Archer moved to authorize the expenditure of $1.600 to cover travel expenses. and authorize Dr. Spagna to serve on the National Association of Counties Community Development Policy Steering Committee. Commissioner Wimer seconded the motion which failed with a tie vote of two to two. Commissioner Wenzel and Chairman Brown dissenting. aoOK. 049 PACE 157 aOOK 049 fACE 158 September 25. 1979 .~AIRMAN AUTHORIZED TO SIGN AGREEMENT WITH COLLIER COUNTY HENTAL HEALTH CLINIC Mr. Norman. County Manager. Qxplained that the proposed agreement is a legal requirement necessary to permit the transfer of required funds from the County to the clinic. Commissioner Wenzel moved. seconded by C~issioner Archer and carried unanimously 4/0. to authorize t~e Chairman to sign the agreement between the County and the Collier County Mental Health Clinic. 'I\' 'I\' 'I\' 'I\' * * * * * aOOK 049 rAGE 162 September 25. 1979 CHAIRMAN AUTHORIZED TO EXECUTE CONTRACT FOR CONSULTING SERVICES WITH oDR. NENO SPAGNA. County Manager Norman advisp.d the Board that Dr. Spagna has indicated his willingness to serve the County after his resignation as Director of Community Development. and has also indicated that he would adjust his resignation to the approximate time his successor would be appointed; therefore. the time indicated on the contract wfll begin on November 1. 1979. He added that the terms of the contract are COr.s:stent with those discussed as part of the budget hearings. This additional revenue is a result of cutting one Planner position and reducing other related expenses within the Planning Department's budget. thus almost compensating for the consultant contract expenses the County will incur if the Board approves this contract. He went on to discuss several points of the contract as are more fully defined within the Executive Summary. He tuld the Board that he recommends the authorization of the Chairman's signature on the contract. Commissioner Wimer moved that the contract be approved and the Chairman be authorized to execute same. The motion was seconded by Commfss1oner Archer. Commissioner Wenzel recommended that this be brought back when Commissioner Pistor would be back as he could not vote for it himself. He said he did not believe that anyone could wear two hats. and he said that Dr. Spagna would be going out into private industry after he resigns from his full time position. therefore he would be representin~ both the Coun~'s interest. as a consultant. and that of private industry in his outside endeavors. Attorney Pickworth clarified certain pOints raised by Commissioner Wenzel. in the following areas: He felt that Dr. Spagna's representing interests of more than one entity is no different than the way any lawJ~r represents more than one client; a law.yer may represent the Coun~ in some cases. and private industry in others. September 25. 1979 Commissioner Wenzel reaffirmed his position and said that he did not question the legality of the situation only the question of where one's loyalty would have to lie if a s1tvltion ca~. up that involv.d both the County and that sector of priva.., indus try where Dr. Spagna may have been involved. He added that he felt it was only human nature to be loyal to the side that paid you the most. and h. himself can not see the merit in awarding this contract and having to deal with this type of situation. County Manager Nonman stated that this type Of situation would not Occur because it was stipulated in the contract very specifically that Dr. Spagna could not represent a sector of private industry that was involved with Collier County. He added that besides this stipulation there is a blanket proviSion that before performing any service for any client which would constitute a conflict of interest. the Consultant will notify the County. Chainman Brown called for the question on the motion to authorize the Chainman's execution of the contract with Dr. Spagna for Consulting Services with Collier County which passed with a 3/1 vote. Commissioner Wenzel dissenting. * * * * * * * BOOK 049 PACf163 . 800K 049 PACE168 September 25. 1979 "JEFFORY PERRY APPOINTED ACTING DIRECTOR OF ZONING County Manager Norman recommended the appointment of Jeffory Perry to Acting Zoning Director. saying thaI. he fl!lt he was well qual~fied and knowledgeable of the workings within the Zoning Department. He added that he was always happy to be able to promote County employees to higher levels from within the ranks of the staff. He said that it became desirable to condition Mr. Perry's promotion klit1ally and recommended that for a period not to exceed one year. Mr. Perry's titl. be "Acting" Zoning Director. because the job description of Director calls for a four year college degree and Mr. Perry has a two year degree plus some additional credits. He added that there is also II "five year experfence~ called for or "the equivalent combination thereof". Mr. NOrmln said that he feels Hr. Perry's six and one half years' experience plus a test that will occur within the y~ar will determine that he does have the equivalent requirements necessary for the job. He told the Board that he recommends Mr. Perry's appointment. and asked the Board for confinmation of same. Commissioner Wimer moved. seconded by Commissioner Archer and carried with a 3/1 vote. to approve the appointment of Jeffory Perry to Acting Director of the Zoning Department. Commissioner W~nzel dissented. BOARD APPROVES FUNDING FOR ONE ADDITIONAL FIREFIGHTER IN GOLDEN GATE FIRE DISTRICT FOR FY 79-80 & REQUESTS FISCAL OFFICER PREPARE SUPPLEMENTARY BUDGET FOR SAME County Manager Nonman explained that the request was for the funding of a certified firefighter formerly under the CETA program. He pointed out that this situation was similar to that of Ochopee Fire District in that they also had requested additional funding for the same purpose and sub- sequently were granted the approval of the Board for same. He said that prOJections of future revenues of the fire district in question indicate that although there is adequate revenue for this expenditure J September 25. 1979 for 1979-80. there would not be adequate revenue the fOllowing year. He said that this was t~ be under~tood by the firefighter, and he told the Board that the Advisory Board for this district will study 111 possibilities of increasing revenues for the d1str~~;t: in order that the position may be continued in future years, and t.he Advi~ory Board has unanimously recommended that the budget for Golden Gate Fire District be amended and that this position be added before the end of this fiscal year. Hr. Norman said he would work with the Advisory Board and the aolden Gate Fire Department to try to determfne the best way to generate the additional revenues needed for the subsequent years. Hearfng no further comments. Commissioner Archer moved. seconded by Commissioner Wenzel and carrfed with a 3/1 vote. that the Board approve the funding of an additional firefighter for the Fiscal Year 1979-80 for the Golden Gate Fire District. and the Ffscll Officer be instructed to prepare a supplementary budget for same. Commissioner Wimer dissented. POLICY WITH GOLDEN GATE FIRE CONTROL DISTRICT & AGREEMENT WITH EAST NAPLES FIRE CONTROL DISTRICT RE FIRE CONTROL SERVICES FOR PORTIONS OF FIRE DISTRICT NO. ONE-APPROVED Count.>' Manager Norman recalled that the boundaries of Fire District No. One were recently amended by action of the Board. To provide needed fire protection services to the District an agreement with East Naples Fire Control is needed as it is an independent Fire District and approval of a policy with Golden Gate Fire District is needed because it is a dependent Fire District. he said. He added that these documents would assign a certain portion of the fire district to each aforementioned Fire Control District and provides that each shall receive an amount of money equivalent of the best present estimate from current tax rolls of the available taxes. for the fire services from the respective service a rea s. eoox 049 'ACf 169 ""'... oJ " .....~ In"......... v September 25, 1979 Hr. Norman said that there are two major changes in the documents from . prior years and they are: 1. The language has been clarified to spell out the fact that the agreement is automatiC41ly ~enewable from year to year. with the payment to be based on the amount of money derived from the area which is served by those r'f.spective departments. less collection fees. 2. The legal descriptiollS have beeli "1Odified to be on the basis of section lines which is a much clearer manner in which to handle this type of legal description. Mr. Norman requested that the two documents be acted on separately. Commissioner Archer moved. seconded by Commissioner Wenzel and carried unanimously 4/0. that the Board adopt the pOlicy with Golden Gate Fire Control District for fire protection services in certain sections of Fire District No. One. Commissioner Archer moved. seconded by Commissioner Wenzel and carried unanimously 4/0. that the Board approve the Service Agreement with East Naples Fire Control District for fire protection services in certain sections of Fire District No. One and that the Chairman be authorized to execute the document. * * * * . . . * September 25. 1979 REVISION TO AGRICULTURAL BUDGET RE CREATION OF HORTICULTURAL TECHNICIAN POSITION - TO BE RESCHEDULED FOR 10/23/79 AGENDA- County Manager Nonman reported that the proposed position in the Agrfculture Department is a re~ult ~f uf~contfnuanc~ of the Ltthal Yellowing Program in which the COUI.tt has been engaged. He said that there is a need to make the 1njections fOt the lethal yellowing of palms in the County available to the public as many citizens still would like to continue to treat their trees and. because it is possible to obtain "Injection kits" to supply the ci t1zens requesting them. it seemed necessary to have someone in charge of this operation. Therefore. Mr. Norman recommended the creatfon of the posftfon of Horticultural Technician as there is a need for this to be handled by a para-professional in the field of Agriculture to provide assfstance. professional guidance. and supplying the public wfth technfcal data relating to these areas. He added that the budget of the Agricultural Department would need to be modified if this pOSition is created, and he told the Board the Agricul- tural Department assured hfm that they would develop a program Whereby this position will be funded fully by the revenues to be derived. Commissioner Archer moved that the Board accept the recommendation of the staff and authorize the position of Hortfcultural Technicfan effective October 1. 1979; that the sale of the Lethal Yellowing kits support the positfon. and that the Fiscal Officer be authorized to prepare the necessary budget adjustments. Commissioner Wenzel seconded the motion. Upon call for the question the motion failed wfth a vote 2/2, Commfssioners Wimer and Wenzel dissenting. Commissioner Wenzel asked why the materials could not be put on sale in the Agriculture Department office by the employees now working in that office, and the information needed be put on printed sheets for distribu- tion by the same means? aOOK 049 PACE 179 aOOK 049 PACE 180 September 25. 1979 Commissioner Wimer stated that he did not feel the position would be self-supportin~. and he felt it ~ mistake to keep too many on the County payro 11. in 1 f ght of the fact tha t the County just hired a Consul tant to handle the problem of fnsufficl~nt racp. Chafrman Brown directed the r.ounty M4nager to bring thfs matter back to the Board on October 23. 1979 for further consideration. when a full Board would be present. APPROVAL OF FY 1980 CETA CONTRACTS DEFERRED UNTIL LATER IN MEETIftG ~1r. Norma n to 1 d the Boa rd tha t he cou 1 d not 1 oca te Mr. ~leerpoh 1 . CETA Director at this time. but would present the proposed CETA contracts and explafn them as best he could. indicating that he was not the expert in this case. After this presentation Commissioner Archer moved to approve the CETA contracts and authorize the Fiscal Officer to prepare the necessary budget amendments. Commfssioner Wenzel seconded the motion. Chairman Brown called for discussion and several questions arose concerning the shift in the contracts for 1980 from public to private ~ector employment. It was the consensus of the Board that the discussion should be continued later on in the meeting when Mr. Meerpohl could be present to fully explain these points. Commissioner Archer and Wenzel withdrew their motion and second, and Chairman Brown dfrected the County Manager to bring this matter up when Mr. Meerphol would be present. some time later during this meeting. COUNTY ENGINEER BARKSDALE AUTHORIZED TO ATTEND STATE ASSOC. OF COUNTY fNGINEERS CONFERENCE IN PENSACOLA. FL. SEPT. 26-29. 1979. County Engineer Clfff Barksdale requested the Board's authorization to attend the Annual State Association of County Engineers Conference in Pensacola. Florida from September 26 through September 29. 1979. Conrnissioner Wenzel moved. seconded by Commission~r Archer and carried unanimously 4/0, that the Board of County Commfssioners authorize the County Engfneer to attend the aforementioned conference. ( September 25. 1979 SELECTION OF CONSULTANT FOR THE COUnTY WATER/SEWER SYSTEMS- LIST ACCEPTED FOR RECOMMENDED FI~lS- PRESENTATIONS SCHEDULED FOR OCTOBER 2. 1979 Utility Director Irving B~rzon said that the Selection Committee has reviewed some 26 firms thut r~~oo"d~d to the authorized ddvertising for Professfonal Engineering Services for the design and development of the County's Regional Water System Phase 1. and that the Committee has prepared a "short list" of the most qualified firms responding in each of the following project categories: 1. Principal Raw Water Supply 2. Potable Water Treatment Plant 3. Principal Transmission Mains 4. Major Distribution Lfnes. Storage & Repumpfng Facfltfes. Mr. Berzon added that the same five firms have been selected as most Qualified in each area of concern and they are as follows: 1. CH2M Hi 11 2. Connell. Metcalf & Eddy 3. Gee & Jenson 4. Post. Buckley. Schuh & Jernfgan. Inc. 5. Smally. Well ford & Nalven. Inc. Mr. Berzon requested that the Board accept the list of ffve firms and schedule them to make their respective presentations in each of the four project catagories. He further requested the Board to make a decision after the presentatfons as to the top three firms in each category with the firm placed in each "number oneil spot being their choice for the firm to handle that project. At that point the Board will authorize negotiations with these firms to form contracts with them to perform the services needed for each of these projects. he said. Commissioner Wimer moved. seconded by Commissioner Wenzel and carried unanimously. that the Board accept staff's recommend~tion and accept the "short list" of firms presented and schedule their presentation'i for October 2. 1979 at 1:30 PM. allowing each of them 30 mfnutes. CONSIDERATION FOR FINANCIAL CONSULTANT FOR COUNTY WATER/SEWER SYSTEM -DEFERRED UNTIL OCTOBER 2. 1979 - PRESENTATION BY DAVE FISHER. FISHER. JOHNSON. ALLEN. & BURKE INC. & SOUTHEASTERN MUNICIPAL BONOS INC RE ADVISABILITY OF FINANCIAL CONSULTANT VERSUS UNDERWRITER VERSUS INVESTMENT BANKER _ Utili~ Director Berzon told the Board the requests from two additional aODK 049 PACE 181 &OOK 049 fAcE182 September 25. 1979 firms interested in giving presentations to the Board were just received and in fairness to them consideratfon for the selection of a Financial Consultant sho~ld be deferred until the follow1ng week. October 2. 1979; however. he said that Mr. Dave Fisher was present and wfshed to give a short presentation this date. Mr. Dave Fisher. representIng the combinea ~irms of Fisher. Johnson. Allen and Burke Inc. & Municipal Bonds Inc.. presented a short talk covering the advisability of hiring a Financial Consultant rather than an Underwriter or an Investment Banker to represent the County. He said that the County presently is using an Investment Banker, and that this position has the effect of wearing two hats. or playing two roles: On one hand he is basically putting the whole financial feasibl1 ity package together. as a financial consultant; on the other hand he is buying the bonds from the issuer and proceeds to market them as an Investment Banker. Mr. Fisher said that it was his firm's position that a Ffnancfal Consultant could better serve the County's fnterest fn that his loyalty would be solely to the County and he would not have any interest in the end product as far as distributing the bonds. although he said their Job is to see that they are marketed. He said ultimately in this way the County would get the lowest and best interest rate in the end, and as an advisor he would only be concerned with the County's welfare. The cost would not be any hfgher to the County hiring such an advisor and that he would probably save the County money in the long run because he is an expert in hfs field said Mr. Fisher. He told the Board that he wanted to make it perfectly clear that if hfs firm was chosen as a Financial Consultant they would be working for only one team. and that would be the County. Mr. Fisher said his ffrm would be reprpsented next Wt!ek and thankp.d the Board. Chairman Brown said that the Board will defer this item and hear presentations next week as requested by 'ir. Berzon. Utility Director. September 25. 1979 BOARD ACCEPTS DEED FOR PROPERTY ON MARCO ISLAND FROM DELTONA CORPORATION _ RESOLUTION R-79-143 RE CANCELLATION OF TAXES ON SAME PROPERTY - ADOPTED County Attorney Pickworth explained that Deltona Corporation has donated land to the County to bill Ils,'d as a park sitt! for the public. He added that this property is loca,ed in Tract A. Marco Beach Unit 8. Mr. Pickworth asked the Board to accept the de~d and to adopt a Resolution cancelling the taxes on same thereby taking it off of the tax rolls as of the date it came into the County.s ownership. Commissioner Wenzel moved. seconded by Commissioner Archer and carried unanimously 4/0. to accept the deed for the property donated by Deltona Corporation located in Tract A. Marco Beach Unit 8, and to adopt Resolution R79-143 cancelling the taxes and rendering the property tax free by County Ownership. * I,' * * * * * * * &OOK 049 PACE183 * 800K 049 rAcE194 . September 25. 1979 RESOLUTION NO. 79-144 REAFFIro1ING COUNTY'S INTENT RE ADVANCES MADE AND THE REPAYMENT TIfEREOF INCLUDINC r1FTHOD OF REPAYMENT PLANS OF COUNTY WATER/ S~WER DISTRICTS-ADOPTED County Attorney Pickworth reral'icd that the queJtion Of r('lpayment of "advances" to County Water/Sewer 01::>tricts had come up at a previous Board Meeting and from a standpoint of clarifying the record at the end of a fiscal year. and at Mr. Reagan's request. h~ was requested by the Board to put something in wrfting in the form of a Resolution, that reaffirms the expenditures and advances made to these districts; reaffirms that the intent of the Board is that these advances are to be repafd when funds become avaflable in these Districts; and further, the DIstricts receiving the advances are directed by the Board to prepare and present to this Board a plan or plans for the orderly and timely repayment of same. Mr. Pickworth referred to an Attorney Generals Opinion which has been fnterpreted by some to mean that monies can only be loaned out of the General Fund for the balance of the current ffscal year and must be repaid within the same fiscal year. He said that he thinks thfs Opinion fails to deal wfth very specific authorization for dofng that type of thing which is contafned within the Statutes. He referre~ to a memo furnished to the Commissioners and to Mr. Reagan. in whfch he dealt with the subject in more detail. He said he knows that the Board has. in the past. authorized these advances wit~ the intent they be repaid. and he feels that this must simply be reaffirmed for the record , if. fn fact. this is the Boards feeling. Commissioner Wimer moved. seconded by Commissioner Wenzel and carried unanimously 4/0. that Resolution No. 79-144 reaffirming the Boards intent to have all advances made to the County Water/Sewer Districts repaid when monies become available and calling for the plans of repayment be submftted to the Board. be adopted. * * * * * &OOK 049 PACE 196 September 25. 1979 CHAIRMAN PRESENTS PROCLAMATION OF APPRECIATION FOR TWENTY YEARS SERVICE JO COLLIER COUNTY ZONING DIRECTOR CARL CLEMMER County Manager Norman. said it ~as with great pleasure that he could take this time to honor a fine ~entlemAn. retiring after twenty years service to the County. Mr. Carl Clemmer. Commissioner Archer read a Resolution recognizing and conveying the Board's apprecfation for Mr. Clemmer's contributfon to the growth 3nd enhancement of Collier County. Commissioner Archer moved. seconded by Commissioner Wimer and carried unanimously 4/0. to adopt the aforementioned Resolution. Chairman Brown presented the resolution to Mr. Clemmer and the Board joined him in thanks and gratftude for a job well done. Mr. Clemmer remarked that without all of the Commissioners' cooperation this would never have been possible. and thanked the Board for this honor. An fnvitation to a reception in the anteroom durfng recess was offered by Mr. Norman and. on that note. Chairman Brown recessed the meeting. * * * * * * * * I September 25. 1979 * ." ." ." ." .. . . . 'It . ." ." Recesc:.: 11:20 tJ 11:40 at which tfme Deputy Clerk Davidson was replaced by Deputy Clerk Swindle. * ." *' 'It . .. . . ." . ." . ." RESOLUTION NO. 79-145 CORRECTION RESOLUTION 79-139 AS TO FORM NOT TO CONTENT RE PETITION PU-79-13-C. JACKSON BOUGHNER - AooPTED County Attorney Pickworth stated the resolution being submitted to the Board is one correcting the form t~at was used in the preparation of Resolution No. 79-139 (said Resolution permitting Provisional Use (2) of the Agriculture District for earth mining and excavation in part of Section 26. T48S. R26E as requested by Jackson BouDhner) but did not change the content. He asked that the Board adopt the corrective r2so1ution as presented. Conmissfoner Wenzel moved. slOcollded by Commissfoner Archer and carried 3-0 with Commissfoner Wimer abstainfng and Commissioner Pfstor absent. that Resolution No. 79-145 correcting Resolution 79-139. be adopted. ." . 'It .. ." ." ." 'It September 25. 1979 PAYMENT OF ROUTINE BILLS - AUTHORIZED F~~lowing Clerk ReagJn'~ statement that the bills being presented for approval of payment have been prepared following established procedures an~ that funds are available. Commissioner Wenzel moved, seconded by Commissioner Wimer and carrfed 4-0. with Commissioner Pistor absent. that the bills be approved for payment as witnessed by the following warrants issued September 19. 1'79 through September 25, 1979. Collier County Water/Sewer Utility Divfsion County Warrants 6 11265-11472 BUDGET AMENDMENT 79-148 TO TRANSFER FUNDS WITHIN THE CLERK'S BUDGET TO PROVIDE LOCAL MATCH FOR CJIS STEP 1 ($1,028); STEP 3 ($3.585); STEP 4 ($1,479) - ADOPTED IN THE AMOUNT OF $6,092 Commissioner Wenzel moved. seconded by Commissioner Archer and carried 4-0. with Commfssioner Pistor absent, that Budget Amendment 79-148 re transfer of funds within the Clerk's budge~ to provide local match for CJIS Step 1 ($1.028); 'Step 3 ($3.585~~ Step 4 ($1,479) - in the amount of $6.092, be adopted. . . * . * * . . aOOK 049 PACE 203 * September 25. 1979 BUDGET AMENDMENT 79-149 RE SHERIFF - GRANTS - TRANSFER OF FUNDS TO RESTATE PREVIOUSLY TRANSFERRED FUNDS IN BUDGET AMENDMENT 79-117 _ ADOPTED IN THE AMOUNT OF $3.280 Commissioner Wenzel moved. seconded by Commissioner Archer and carried 4-0, with Commissioner Pistor absent. that Budget Amendment 79-149 re Sheriff's Grants - transfer of funds to restate previously transferred funds in Budget Amendment 79-117. be adopted in the amount of $3.280. ." ." ." #I ." ." ." ." ." BOOK 049 PA&E 205 September 25. 1979 BUDGET AMEN~1ENT 79-150 - TO PROVIDE FUNDING FOR THE YOUTH GUIDANCE GRANT NO. 79-JD-09-FFOl - ADOPTED IN THE AMOUNT OF $5.034 Commissioner Wenzel moved. seconded by Commissioner Archer and carried 4-0. with Commissioner Pistor abser.t. that Budget Amendment 79-150 to provfd~ funding the Youth Guidance Grant No. 79-JD-09-FF01. previously adopted by the Board April 3. 1979. be adopted in the amount of $5.034. .. .. .. .. .. .. .. .. .. &OOX 04.9 rAtE 207 ) September 25. 1979 BUDGET AMENDMENT NO. 79-151 TO PROVIDE FUNDING FOR THE YOUTH GUIDANCE GRANT NO. 79-AD-09-FF02 - ADOPTED IN THE AMOUNT OF $6.015 Commissioner Wenz~l r,ved. seconded by Commissioner Wimer and carried 4-0. with Commissioner Plstor absent. that Budget Amendment No. 79-151 to provide funding for the Youth Guidance Grant No. 79-AD-09-FF02. previously approved by the Board April 3. 1979. in the amount of $6.015 be adopted. .. '* '* '* '* '* '* '* '* aOOK 049 PACE 209 September 25, 1979 BUDGET ADMENDMENT 79-152 TO TRANSFER FUNDS TO PAY FOR OVERHAULED HELICOPTER TRANSMISSION - ADOPTED IN THE AMOUNT OF $1.000 Commissioner Archer moved. seconded by Commissioner Wimer and carried 4-0. with Commissioner Pistor abs6nt. that ~udget Amendment 79-152 to transj~( funds to pay for overhauled helicopter transmission which is retained in storage for future use. be adopted in the amount of $1.000. (Amount remaining in Obj~~t Code 521 is above anticipated expenditures due to restrictions of f)ying) I , I i .. .. .. .. .. .. .. .. .. aOOK 049 ;ACE 211 September 25. 1979 BUDGET AMENDMENT NO. 79-153 - I.IBRARY HEADQUARTERS - TRANSFER OF FUNDS FOR PURCHASE OF LAWN MOWER - ADOPTED IN THE AMOUNT OF $1.250 Commissioner Arc~er moved. seconded by Commissioner Wenzel and carried 4-0. with Commissioner Pistor absent. that Budget Amendment No. 79-153 for Library Headquarters to transfer funds for purchase of lawn mower to replace five year old one. which is no longer economically repairable. be adopted in the amount of $1.250. . . . . . . . . . aOOK 049 PAGE 213 September 25. 1979 DELETION OF SELECTED ITEMS FROM THE ACTIVE PROPERTY RECORDS AS REQUE~TED BY CLERK REAGAN - APPROVED Clerk WilHam Reagan requested thE' deletion of selected Items from the active property records. stating that pursuant to the rules and regulations of the Audttor General as authorized by Chapter 274. FS. the deletion of property from the Officfal Property Records must be approved by the Board of County Commis~ic~ers. The property listed below has either been stolen. cannibalized. is beyond economical repair or. in the instance of number 4395. has been requested by the Sheriff's Department for maintenance of the firing range by their personnel. Clerk Reagan said. Property Initial Justification No. Oescrfption Cost For Deletion 3465 Calculator $ 545.00 Uneconomical to Repair 4525 Ca 1 cul a tor 400.00 Uneconomical to Repafr 5279 Impac t Wrench 208.00 Stolen 5438 Chain Saw 165.00 Cannibalized 5173 Recorder 164.00 Stolen 3748- 3752 Drills 75.00 Beyond Economical Repair 4395 Lawn Mower 836.00 Transfer to Sheriff's office Commission~r Wenzel moved. seconded by Commissioner Archer and carried 4-0. wfth Commissioner Pfstor absent. t~at the above- refer~nced list of selected ftems be authorized for deletion from the Active Proper~ Records. Rl~LUlJON NO. 19-146 AUTHORIZING ISSUANCE OF REVEH!JE AlCTlCJPATlON NOTE-ROAD IMPROVEMENT FUND-ISSUE OF 1979 - ADOPTED - REVENUE ANTICIPATION NOTE ROAD IMPROVeMENT FUND ISSUE OF 1979 IN THE AMOUNT OF $175.000 - APPROVEO Clerk Reagan requested approval of the Revenue Anticipation Note for Road Improvement Assessment Districts in t~e amount of $175.000. and included in his request the adoption of a resolutfon which would 800K 049 'ACE 215 ~OOK 049 rACE 216 September 25, 1979 authorize the issuQnce of said note; to be covered by a commercial bank loan. Commissioner Wenzel moved. seconded by Commissioner Archer and carried 4-0. wfth Commissioner Pistor absent. that Resolution No. 79-146 approving ~uthorizing the fssuance of Revenue Anticipation Note Road Improvement Fund Issue of 1979 be adopted and that the Revenue Anticfpation Uote Road Improvemcnl: F'unrl (Issue of 1979) be approved in the amount of $175.000.00. * * * * '. . . .. . . --.., ~O~~~ September 25. 1979 RESOLUTION NO. 79-147 AUTHORIZING ISSUANCE OF REVENUE ANTICIPATION NOTE-KELlY ROAD WATER ASSE~SMF"T FUND-ISSUE OF 1979 - ADOPTED - REVENUE ANTICIPATION NOTE KELLY ROAD ASSESSMENT FUND ISSUE OF 1979 IN THE AMOUNT OF $75.000 - APPROVED Clerk ReaQan requested approval of the Revenu~ Anticipation Note for Kelly Road Water Assessment District in the amount of $75.000. and fncluded in his request. the adoption of a resolution which would authorize the issuance of sairl note. to be covered by a com- mercial bank loan. Commissioner Wenzel moved. seconded by Commissioner Archer and carried 4-0. with Commissioner Pistor absent. that Resolution No. 79-147 authorizing issuance of Revenue Anticipation Note Kelly Road Water Assessment Fund - Issue of 1979 be adopted and that the Revenue Anticipation Note Kelly Road Assessment Fund (Issue of 1979) be approved in the amount of $75.000. * * * * * * * * ( aOOK U49 PACE 224 September 25. 1979 RESOLUTION NO. 79-148 AUTHORIZING THE ISSUANCE OF REVENUE ANTICIPATION NOTE - FIRE HYDRANT ASSESSMENT FUND - ADOPTED - REVENUE ANTICIPATION NOTE - FIRE HYDRANT ASSESSM~NT FUND (ISSUE OF 1979) IN THE AMOUNT OF $15.000 - APPROVED Clerk Reagan requested approval ,1 the Revenue Anticipation Note for the Fire Hydrant Assessment District in the amount of $15.000. and fncluded in his request. the adoption of a resolution which would authorize the issuance of said note. to be covered by a commercial bank loan. Commissioner Wenzel moved. seconded by Commissioner Archer and Carried 4-0. with Commissioner Pistor absent. that Resolution No. 79-148 authorizing the fssuance of Revenue Anticfpation Note - Fire Hydrant Assessment Fund - Issue of 1979 be adopted and that the Revenue Anticipation Note Fire Hydrant Assessment Fund (Issue of 1979) be approved in the amount of $15.000.00. * * * * * * * * I I BOOK 049 PACE 228 September 25, 1979 RESOLUTION NO. 79-149 ADOPTING THE 1979-80 MILLAGE RATES FOR INDEPENDENT ~X DISTRICT~ (EXCLUDING BONITA S~ORES/LITTLE HICKORY) - ADOPTED Clerk William Reagan asked the Board to approve the submitted resolution which adopts the millage for the Independent Tax District for the FY 1979-80. excluding the District of Little Hickory/Bonita Shores as they have not yet been certiffed by the Property Appraiser. Commfssioner Archer moved. secrndp.d by C~nmissioner Wenzel and carried 4-0. with Commissioner Pistor absent. that Resolution No. 79-149 adopting the millage rates for the Independent Tax Districts. excluding the District of Little Hickory/Bonita Shoes. he adopted. * * * * * * * * * &OOK 049 PACE 230 September 25. 1979 MR. CONNOR J. CHAMBERS APPOINTED TO SERVE ON THE SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL'S 208 WATER QUALITY ADVISORY COMMITTEE AS COLLIER :OUNTY REPRESENTATiVE Administrative Aide Mary Morgan statp.d the County's representa- tive on the Southwest Florida Regional Planning Council's 208 Water Quality Advisory Committee. Mr. Lloyd A Sarty. had resigned from this position as of July 10. 1979 and it is for his replacement that she asked the Board to consider Mr. Connor J. Chambers. referring to his resume contained ,in the agenda packet this date. Commissioner Wenzel moved. seconded by Commissioner Archer and carried 1-0. with Commissioner Pistor absent. that Mr. Connor J. Chambers be appofnted to serve on the Southwest Florida Regional Planning Council's 208 Water Quality Advisory Committee as the Collier County Representativ~. CETA CONTRACTS FOR FY 1980 - APPROVED - CONTRACTS TO BE SUBMITTED TO THE FLORIDA BALANCE OF PRIME SPONSOR FOR FINAL APPROVAL CETA Director Jfm Meerpohl presented the FY 1980 budget pointing out the changes from the FY 1979 budget and indicated that the Pri- vate Sector on-the-Jo~ Training will increase more than 81% during the year 1980 as compared to the particfpation of 1979. He stated the increased Prfvate Sector participation is due in part to a better "follow-up" proc~dllre now employed by the CErA staff. Mr. Meerpohl reviewed the FY 1980 Synopsfs for CETA as being the following: PURPOSE - ALL CETA PROGRA~~: To train CETA eligible partici- pants for areas of Local. Regional and Statewide Labor Market Demand so participants can become self- sufffcient without CETA or Welfare Assistance Programs. I September 25. 1979 GOALS - OVERALL: (1) To develop. manage and evaluate a comprehensive employment and training program which meets all cont~actual assurances. provides real benefits to CETA eligible clients and supplements the overall economic health of Collier County. (2) To establish a Prfvate Sector Advisory Board for input on private sector labor market needs and policies to meet those needs. Commissioner Archer moved. seconded by Commis~ioner Wimer and carried 3-1. with Commissioner Wenzel dissenting and Commissioner Pistor absent. that the CETA contracts/budget.for the FY 1980 be approved and that said CETA contracts*/budget be submitted to the Florida Balance of State Prime Sponsor for Final approval. *Completecontracts on file in office of Clerk of the Board. * ... '.~,. - -.,.\...-....- ~".r:' .~.._,___'_... _, .~.. ..~. '. - . -. .. ...~' ,.... ..... -..' " ..-~:.~"-- ~~..rl~~~.~~:!'~~1;.:,:"::;:;..t1~: ": .. ," * * * * . * . aOOK 049 rAtE 231 September 25, 1979 REQUEST FOR USE HELICOPTER FOR INSPECTIONS AND FIELD STUDIES BY PLANNING DEPARTMENT DENIFO - TO BE PLACED ON AGENDA WHEN A FULL BOARD IS PRESENT Administrative Aide Mary Morgan presented the request by the Planning Department for the use of the Helicopter to aid in inspections and field studfes. outlining the antiCipated time as being one hour a month. Commfssioner Archer moved that the request be approved. Commissioner Wimer seconded fn order to get the motion on the floor and upon the call for the question the vote was 2-2. Com- missioners Wimer and Wenzel dissenting. It was the consensus of the Board that the request be placed on the agenda. at a later date. when a full Board would be present. CERTIFICATES FOR CORRECTION RE 1978 TAX ROLL - APPROVED FOR C/lAIRt-lAN'S ~{GNATURE . C~i 55 i oner~.r:.ch~r:..1!'~.v~d ~_:~_~~,n.~!~..~Y.,~9!'!"l S$.~~f.r..J~tmer...... .:L, . . .... ,~.. . . . .:. -,!~;:.' Ob.' -_..'1: "" _,";'.:.0: .', .t~~: and carried 4-0. wfth Commissioner Pistor absent. that. the 'fol-' . lowfng Certificates for Correction on the Tax Rolls be approved and that the Chairman be authorized to sign same: 1978 Tax Roll Tangible Personal Peoperty 163-1978 dated 8/27/79 1978 Tax Roll Equipment 164-1978 dated 9/4/79 1978 Tax Roll Trailer Attachments 165-1978 dated 9/6/79 1978 Tax Roll Furnfture & Fixtures 166-1978 dated 9/18/79 REFERENDUM REGARDING SEWER AREA "B" SOUTH HALF TO BE HELD NOVEMBER 27. 1979 - CHAIRMAN AUTHORIZED TO SIGN LETTER TO NAPLES CITY COUNCIL RE ~^ME Followfng Administrative Aide Mary Morgan's review of Utility Director Berzon's letter of recommendation concerning the referendum for the South Half of Sewer Area "B". Commissioner Wenzel moved. seconded by Commissioner Wfmer and carried 4-0. with Commissioner 800l( 049 ,.ACE 269 600K 049 PA~E 270 September 25. 1979 Pfstor absent. that the new date to be set for the Referendum regarding the South Half of Sewer Are~ "Bit be November 27. 1979. Commissioner Wimer moved. seconded by Commissioner Wenzel and carried 4-0. with Commissioner Pistor absent. that the Chairman be authorized to sign a letter to the Naples City Council advising them of the current status of the project including the stipulations and requirements set forth by the Farmers Home Administration. particularly. as they relate to the referendum election; that Commissfoner Wimer's suggestion that the City consider building the system themselves and that the City of Naples be requested and urged to participate to whatever extent possible in publishfng and explaining the need for this sewer program. The Resolution calling for such a Referendum to be prepared by the staff. PARKS AND RECREATION PLAN AS PROPOSED BY THE CHAIRMAN OF THE PARKS & RECREATION ADVISORY BOARD TO DE WORKSHOPPED AT A LATER DATE It was the consensus of the Board. that the Parks & RecreatfOA Plan as presented by Administratfve Aide Mary Morgan and proposed by the Chairman of the Parks & Recreation Advisory Board. be works hopped at a later date when a full Board will be in session. MISCELLANEOUS CORRESPONDENCE There being no Objection. the Chair directed that the following correspondence be filed and/or referred to the various departments as indicated below: 1. Notice dated 9/17/79 from the Eckerd Wilderness Educational System Camping Program statfng all phases of therapeutic treatment for emotionally problemed youngsters (8 years to 17 years and 9 months to 2 years) available at the 4 camps in Florida. 4 in North Carolina and 1 in Vermont - Copies to School Superin- tendent; Collier County Mental Health Clinic Director; Judge Carlton and ffled. ';\OOK 049 PACE274 September 25. 1979 VOTING PRECINCT NUMBER FOR SHERIFF'S DEPUTY EDWARD O. JESSUP _ FILED FOR THE RECORD In c~mpiiancc with Flol idt Statute 30.08. the following Votfng Precinct number of Deputy Sheriff Jr.ssup was submitted by Sheriff Aubrey Rogers and filed for the record: Edward O. Jessup - Precinct No. 17 There befng no further business to come before the Board. the meeting was adjourned by order of the Chair - Time: 11:50 A.M. BOARD OF COUNTY COMMISSIONERS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL ~J;~.d'~~~ . .~.. 4_ _.. . .:.:...-.':~-,-.:. :':~.:. :-~.,:.,~~ ;~"".~~':4~ ..~..',. ,,::,~::.''';:::.:::l_~..~~~.~..~'~''~'''' /. 'j ,I' . ;