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BCC Minutes 01/17/1978 R ) 0 AJ.'\ Nap1es, F1orida, January 17, 1978 LET IT BE REMEMBERED, that the Board of County Commissioners in and for the County of Collier, and also acting as the Governing BoardCs) of such special districts as have been created according to law and having conducted business herein, met on this date at 9:00 A.M., in REGULAR SESSION in Building "F" of the Courthouse Complex with the following members present: CHAIRMAN: C. R. "Russ" Wimer VICE-CHAIRMAN: John A. Pistor Thomas P. Archer Clifford Wenzel David C. Brown ALSO PRESENT: William J. Reagan, Clerk; Harold L. Hall, Chief Deputy Clerk/Fiscal Officer; Jean Swindle and Edna Brenneman, Deputy Clerks; Mary Morgan, Administrative Aide to the Board; Irving Berzon, Utility Director; Donald A. Pickworth, County Attorney; Dr. Neno Spagna, Director of Community Development; Carl Clemmer, Zoning Director; Clifford Barksdale, Assistant County Engineer; and Deputy Chief Raymond Barnett, Sheriff's Department. AGENDA I. INVOCATION II. PLEDGE OF ALLEGIANCE III. APPROVAL OF AGENDA IV. APPROVAL OF MINUTES: Special meeting of December 30, 1977 V. ADVERTISED PUBLIC HEARINGS A. Proposed ordinance regulating animals in Collier County. B. PeLition IZ-77-2-1 by petitioner IAPC requesting an amonOrnent to Ordinance 74-15, the Immokalee Area Zoning R~guliltions, which will permit interim lIqri- cultural u~~ nf pr~mises. C. Petition IZ-77-3-1 hy ~~titioner IAPC requesting an amendment to Ordinance 74-15, Immokalee Area Zonina Requlrttions, reducing the minimum lot size for mobile homeR in "I-A-l" from 5 acres to 2 1/2 acres. D. Proposed ordinance p.xpanding the district boundaries for tho Golden Gate Fire Control District. E. Proposed ordinance expanding the district boundaries for the Ochopee Area Fire Control District. 203 bk 40 Pa~ 8-j Pa~ 2< Pa~ 2! 206 bk 40 January l7, 1970 DELETIO>lS IV. APPROVAL Or- />IINUTES: December 30, 1977 VIIr. COLLIER COUNTY WATER/SEWER UTILITY DIVISIO~ B. Old nu~ iness 1. Immoknlee Sewer District: Request by Utility Director for authorization to execute option for purchase of land in Jmmokalee. X. 111 SCELLANEOlfS BO/\RD ITE~lS A. Request for appointments to Golden Gate Fire Control District Advisory Committee. PROCL~~TION CR-78-B) DESIGNATING THE WEEK OF JANUARY 18/ 1978 THROUGH JANUl\RY 25, 1978 1\S CHRISTIAN UNITY WEEK - ADOPTED Commissioner Archer, at the request of Chairman Wimer, read in its entirety, the Proclamation designating the week of January 18 - 25, 1978 as Christian Unity Week. Commissioner Brown moved, seconded by Commissioner Pistor and carried unanimously,that said Proclamation be adopted. Chairman Wimer pI'esented the Proclamation to Father Goggin, who had given the invocation at the beginning of the Board of County Commissioners' meeting to mark the commencement of the Chris- tian Unity Weck. It It It It It * It It * * * It It 208 bk 40 January l7, 1978 PROPOSED ORDINANCE REGULATING ANIMALS IN COLLIER COUNTY - CONTINUED ~NE MONTH :FEI3RUTlRY l4 L 1978) Legal notice having been published in the Naples Daily News on December l, ]977 as evidenced by Affidavit of Publication previ- ously filed with the Clerk, Chairman Wimer advised that it has been requested to continue this item for one month. Commissioner Brown moved, seconded by Commissioner Pistor and carried unanimously, that the proposed ordinance regulating animals in Collier County be continued for one month, with the stipulation from County Attorney PiCKworth that the proposed ordinance be work- shopped during the coming month. OROINTlNCE 78-1 RE PETITION IZ-77-2-I BY IAPe REQUESTING AN AMEND- MENT TO ORDINANCE 74-lS, IMMOKALEE AREA ZONING REGULATIONS WHICH WILL PERNIT INTERIM AGRICULTURAL USE OF PREMISES - ADOPTED Legal notice hilVing been published in the Immokalee Bulletin on December lS, 1977 as evidenced by Affidavit of Publication filed with the Clerk, public hearing "'as held to consider a proposed ordinance rc Petition IZ-77-2-I by IAPC requesting an amendment to Ordinance 74-l5, Immokalce Tlrea Zoning Regulations, which would permit interim agricultural use of premises. Zoning Director Clemmer explained that the proposed ordinance was heard by the IAPr. at a previous meeting and mat with their ap- proval. He said there were hundreds of acres of land in the Immokalee A~ea Planning District that were zoned residential, multi-family or commercial, p~rticularly in the Golden Gate Estates area and the City of Golden Gate, and i:. order for the agri-business property owners to use their land for agricultural purposes the proposed ordinance was drafted. It would allow the vacant land to be used for agricultural endeavors after written petitions have been sub- mitted to the Immokalee Area Planning Commission, recommended for approval and heard by the Board of County Commissioners. Mr. Clemmer stated that there was a time limit of one year placed upon the permit for interim agricultural use of such lands. January 17, 1978 There being no persons registered to speak on the matter, Commissioner Pistor mov~d, seconded by Commissioner Brown and carried unanimously, that the public hearing be closed. Commissioner Pistor moved, seconded by Commissioner Brown and carried unanimously, that the Ordinance as numbered and titled below be adopted and entered in Ordinance Book No.7. ORDIrli\r;CE NO. 73 - I AN ORDIrrANCE M1EHOINr. ORDIrlMICE rro. 7';-15 THE ZmHNI, REGt.'LATlorIS APPLICABLE TO THE I1'!10KALEE ARI:A PLJ'.rmnrr. DISTRICT OF COLLIER COm:TY, FLORIDA, ADOINr. SECTIO~l 6.5 mroER ARTICLE VI HjTE?I11 AGRICULTURAL USE OF PRF.r.:rSES Jll:O PROVIDW" AU I:FFECTIVr. DATE: PETITION IZ-77-3-I BY IAPC REQUESTING AN AMENDMENT TO ORDINANCE 74-15 IMMOKALEE AREA ZONING REGULATIONS, REDUCING THE MINIMUM LOT SIZE FOR MOBILE HOMES IN "I-A-l" FROM 5 ACRES TO 2 1/2 ACRES - DENIED Legal notice having been published in the Immokalee Bulletin on December 15, 1977 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was held to consider a proposed ordi- nance re Petition I7.-77-)-I by IAPC requesting an amendment to Ordi- nance 74-IS, Immokalee Area Zoning Regulations, reducing the minimum lot size for mobile homes in "I-A-l" from 5 acres to 2 1/2 acres. Zoning Director Clemmer stated that approximately ten weeks ago a variar.ce request was submitted to the Board for permission to re- place a mobile home, badly in need of repairs, with a double-wide trailer on 2 1/2 acres located in the Big Corkscrew Swamp Sanctuary. At this time, he said, under the present agricultural zoning, each five acre parcel could have as many as 6 units/houses (one on each 7,000 square feet) constructed on lt and b~cause of this known in- formation, the Board insLructed the Staff to return to the IAPC with the problem. It was in answer to this request of the Board's and the recent petition that IAPC drafted the proposed ordinance. Mr. Clemmer stated he received four letters in opposition to the proposed ordinance while Commissioner Wenzel added that the Board had received in excess of fifty letters in opposition. 209 bk 40 210 bk 40 January 17, 1978 Mr. Nelson C. Nichols, President of Big Corkscrew Island Civic Association and resident, stated that the Civic Association had a meeting on December 20, 1977, having missed the previous IAPC meet- ing when this proposed ordinance was discussed and recommended and when the vote was taken, it showed a unanimous decision, on the part of the residents attending the association's meeting, against the zoning change now being proposed. Mr. Nichols reiterated that it was not the desire of the DeFlores (Petitioners for the previous double-wide trailer) nor the Big Corkscrew Island Civic Association to have a zoning change that would affect the whole area; more simply; both wanted a variance to be permitted that would allow the DeF10res to live the rest of their lives on their land in their trailer. He also suggested that if the change to two and one-half acres from the five acres was made effective then possibly it would only be a matter of time before another change was requested, making the lot sizes smaller, which would finally evolve into more cost to the County in the way of fire protection: water/sewer facilities; Sheriff/police protection and such. Mr. Nichols remarked that had the residents wan~ed to live close to a lot of people, they would have moved into the City of Naples. Mr. Jim Billman, resldent and committee member of the zoning committee of the Civic Association, contended that what the people of Big Corkscrew Island want is to be able to have input into the zoning of their particular district and perhaps, have the opportunity to develop a zoning board ~r district that would apply just to the Big Corkscrew area. Mr. Billman also noted that the residents of Big Corkscrew had purchased property in an area that allowed them freedom, space and the opportunity to live in a certain manner. Zoning Director Clemmer reminded the Board that this was not a zoning change under consideration but a reduction in lot size; the zoning continues to be agricultural. January l7, 1978 Ms. Charlotte Nichols, resident, stated that the majority of residents in the area preferred to have the zoning stay as it is and continue to allow only one mobile home per five acre parcel. Ms. Barbara Schooler, resident, spoke of canvassing the area and gathering seventy-five to one hundred letters of opposition that she presented to the Board (on file with the Clerk of the Board) and stated the consensus of opinion was to have the present regulations remain. There being no more persons registered to speak on the matter, Commissioner Wenzel moved, seconded by Commissioner Brown and carried unanimousl~ to close the public hearing. Commissioner Wenzel moved, seconded by Commissioner Archer and carried unanimously, that Petition IZ-77-3-I requested by IAPC for an amendment to Ordinance 74-15, Immokalee Area Zoning RegUlations, reducing the minimum lot size for mobile homes in "I-A-l" from 5 acres to 2~ acres be denied. PROPOSED ORDINANCE EXPANDING THE DISTRICT BOUNDARIES FOR THE GOLDEN GATE FIRE CONTROL DISTRICT - CONTINUED UNTIL JANUARY 24, 1978 Legal notice having been published in the Naples Daily News on December 28, 1977 as evidenced by Affidavit of Publication filed with the Clerk, Chairman Wimer advised that it has been requested to continue this item for one week. Commissioner Archer moved, seconded by Commissioner Pistor and carried unanimously, that the proposed ordinance expanding the dis- trict boundaries for the Golden Gate Fire Control District be con- tinued until January 24, 1978. PROPOSED ORDINANCE EXPANDING THE DISTRICT BOUNDARIES FOR THE OCHOPEE AREA FIRE CONTROL DISTRICT - CONTINUED UNTIL JANUARY 24/ 1978 Legal notice having been published in the Naples Daily News on December 28, 1977 as evidenced by Affidavit of Publication filed 211 bk 40 212 bk 40 January 17, 1978 with the Clerk, Chairman Wimer advised that it has been requested to continue this item for one week. Commissioner Archer moved, seconded by Commissioner pistor and carried unanimously, that the proposed ordinance expanding the dis- trict boundaries for the Ochopee Fire Control District be continued until January 24, 1978. ORDINANCE NO. 78-2 - CONTRACTOR'S LICENSING ORDINANCE - ADOPTED Legal notice having been published in the Naples Daily News on December 28, 1977 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was held to connider a proposed ordi- nance regarding the Contractor's Licensing Board. Assistant County Attorney SieEky presented the proposed ordi- nance stating that the amendments presently being proposed were the result of his previous meetings with the members of the Contrac- tor's Licensing Board. Mr. Siesky said that inadvertently approxi- mately 68 contractors had been issued competency cards under the previous ordinance, explaining further, that these contractors had allowed their "grandfftthering" period to expire yet they were Btill issued competency cards: i.e. Mr. Sam Hubschman and Mr. Sidney Hubschman applied for competency cards under the "grandfather-clause" included in the previous ordinance and were denied by both the Con- tractor's Licensing Board and the Board of County Commissioners on appeal. A temporary ordinance was adopted after this incident which gave temporary competency cardR to the 68 contractors whose cards had been revoked. This ordinance allowed the said contractors a period of four months to operate during which time a revised, more comprehensive ordinance would be drafted and it is this new proposed ordinance that is being presented to the Board today, Mr. Siesky stated. The proposed ordinance will allow for the licensing of 28 new trades under the title of "Specialties" and will require the identification of licensed contractors' vehicles by use of a decal beginning October, 1978. In order to facilitate the consideration January l7, 1978 of applications, the Building Director will bo authorized, in cer- tain circums~ances, to i3sue comoetency cards (This has been done previously by members of the Contractor's Licensing Board). There will also be alternatives to testing in regards to the 68 contrac- tors referred to in the beginning of the presentation under Section 2.l2 of said ordinance and are as follows: 2.l2 - Examinations Not Required. 2.12.1 Any person, firm or corporation who on the effective date of this Ordinance possesses a valid Certificate of Competency with the City of Naples shall not be required to take the qualifying examination but will other- wise be required to comply with all provi- sions of this Ordinance. 2.l2.2 Any person or firm not previously requirod to possess a Certificate of Competency under Ordinance 75-57 shall not be required to take a qualifying examination if either of the two following conditions exist: (~) The applicant possessed a valid Certificate of Competency in Collier County for the fiscal year 1976-77, or (b) Tho applicant can show that he held a Collier County occupational license for each of the fiscal years 1974-75, 1975-76 and 1976-77 2.12.3 The applicant possesses 10 years of experi- ence in Collier County, Florida in the trade for which application is made. 2.l2.4 Under subsections 2.l2.2 and 2.l2.3 the ap- plicant will be required to make applica- tion for a certificate of co~petency within 60 days from the effective date of this Ordinance. 2.12.5 If no examination is offered by an approved examiner in the area of competency for which application has been made, no examination is required. Commissionor Henzel quc:Jtioned if the County would recognize the City of Naples' licensed contractors and vice versa and Mr. Siesky stated that the County will recognize a valid City permit but has not approached the situation in regard to the City's recognition of the County's valid permits. 213 bk 40 214 bit 40 January 17, 1978 Assistant County Attorney Siesky explained that for the first time the insurance 1iubility l~mits are stated in the proposed ordi- nance; those being $100,000, $300/000 and $25/000 and that beginning October, 1978 the licensing period will be for two years. He also stated that licensing fees would be lowered because of the two-year licensing period and the additional revenue which will be generated. Mr. Sicsky asked that the effective date of the proposed Ordi- nance be changed to January 30, 1978 with the Board's approval. This period of time is needed to hire an additional person to help Ms. Terri Kehoe with the first influx of applicants. There being no persons registered to speak on the matter, Com- missioner Wenzel moved, seconded by Commissioner Brown and carried unanimously, that the public hearing be closed. Commissioner Wenzel moved, seconded by Commissioner Pistor and carried unanimously, thut the Ordinance as numbered and titled below, be adopted and entered in Ordinance Book No.7. ORDINANCE 78 - 2 AN ORDINANCE REQUIRli~G CERTIFICATES OF COHPETENCY In CERTAIN BUILDING TRADES; PROVIDING FOR EXE:'IPTIONS; LIMITING THE ISSUANCJ:: OF BUILDING PElU-llTS TO COI-rPE- TENT OR EXEtlPT INDIVIDUALS; RECOGNIZING CURRENT CERTIFICATES OF CmIPETENCY; REQUIRING IDENTIFICATION OF CONTRACTORS; REQUIRING ~~INTENANCE OF CONTRACTING SKILLS; DEFINING THE TRADES FOR HHICH A CERTIFICATE OF COMPETENCY IS REQUIRED; PROVIDING FOR THE DURATION OF A CERTIFICATE OF COMPETENCY; PROVIDING FOR FEES AND PRORATION OF FEES; PROVIDING FOR A STOP-HaRK ORDER "'lIERE A CONTRACTOR DOES NOT POSSESS A CERTI- FICATE OF COHPETENCY; PROVIDING AN APPLICATION PRO- CEDURE FOR CERTIFICATES OF COMPETENCY; PROVIDING STAIIDARDS FOR THE ISSUANCE OR DENIAL OF AN APPLICA- TION OF A CERTIFICATE OF CO}~ETENCY; PROVIDING FOR RENEWALS; PROVIDING FOR INACTIVE STATUS; PROVIDING FOR APPROVED EXA}lINATIONS; PROVIDING FOR RESTRICTED SPECIALTY LICENSES; PROVIDI~G FOR PROVISIONAL LICENSES; PROVIDING FOR A BUILDING CONTRACTORS' LICENSING BOARD; PROVIDING FOR THE OPERATING PROCEDURES OF THE BUILDI~G CONTRACTORS' LICENSING BOARD; PROVIDING FOR APPEALS FROH THE BUILDING CONTRACTORS' LICENSING BOARD; PROVIDING FOR INITIATION AND ADHINISTRATION OF DISCIPLINARY PROCEEDINGS AGAINST CONTRACTORS; PROVIDING FOR STANDARDS OF CONDUCT; PROVIDING FOR PENALTY, CONFLICT, SEVERANCE, REPEAL OF ORDINANCE 75-57 AND AN EFFECTIVE DATE. January l7, 1978 HESOLUTION R-78-9 EXTENDING THE FRANCHISE FOR CAPRI WATER WORKS TO INCLUDE PROPERTY OWNED BY PALMER BROADCASTING COMPANY - ADOPTED Legal notice having been published in the Naples Daily News on December 29, 1977 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was held to consider the request by Capri Water Works to extend their franchise to include property owned by Palmer Broadcasting Company. Utility Director Irving Berzon pcesented the request by Capri Water Works for the extension of their franchise to include that property upon which Cablevision (Palmer Broadcasting Company) is placing a structure, which they will be occupying, stating that the requirement for such a service will be no more than that of a single residence. Mr. Berzon stated that under the existing agreement be- tween the County and Capri Water Works, it is required that Capri Water Works come before the Board for any such extensions or bulk rate agreements and since Capri l~ater Works is presently servicing KOA campgrounds, that are adjacent to the property owned by Palmer Broadcasting Co., it would simply mean an extension of the present lines. Mr. Berzon Rfti~ hp ~ould foresee no problem with granting the extension as requested. There being no per~~ns registered to speak on the matter, Com- missioner Wenzel moved, seconded by Commissioner Brown and carried unanimously, that the public hearing be closed. Commissioner Wenzel moved, seconded by Commissioner Pistor and carried unanimously, that Resolution R-78-9 extending the franchise for Capri Water Works to include property owned by Palmer Broadcast- ing Comp~ny hp. adopted, with the stipulation that any costs involved in the construction of the service line be the responsibility of the property owner and that the lines be dedicated to the County and not be included in the rate base. 215 bk 40 216 bk 40 January 17, 1978 REQUEST BY DONALD T. FRl\NKE APPEALING THE BOARD OF COUNTY COM- MISSI0NERS' DECISION TO APPROVE ~DR-77-l-C, DELTONA CORPORATION _ DENIED Legal notice having been published in the Marco Island Eagle on December 29, 1977 and in the Naples Daily News on December 28/ 1977, as evidenced by Affidavits of Publication filed with the Clerk, public hearing was held to consider the request by Donald T. Franke appealillg the Board of County Commissioners' decision of December 6, 1977 to approve TDR-77-1-C Deltona Corporation. County Attorney Donald Pickworth suggested that Mr. Donald T. Franke, Attorney-at-law and representing Mr. Arnold Lawrence and Ms. Charlotte Westmen, be allowed to state his position on the appeal before the Board; then Dr. Nano Spagna, Director of Community Develop- ment state his position after which time those of the public regis- tared to speak may be given the floor. Chairman Wimer accepted this procedure and stated the item before the Board is based on the word "contiguous" - in definition and in use - and no other consideration, such as roads, sewers, etc., is to be included. ~lr. Donuld T. Franke, began his presentation by quoting from the Naples Daily News in Sunday edition, ----"the County officials are not expected to change their minds, no matter what evidence we submit, they are expected to look at the "right transfer" just as the Planners do----" yet an interesting final paragraph gives this quote, "Th~ County Planning Department is working on a draft of a new ordi- nance which would in fact, redefine the "trade-off rights" and switch the use of the word "contiguous. for a clause specifying that the lands need only be owned by the same people." Mr. Franke said that the Ordinance specifies in Section 9.5 regarding trade-off of density that the transfer shall be the land having, at least, one point of contiguity with the land designated as lOST" that excludes interven- ing things like streets, road rights-of-way, natural bodies of water (exclUding waters under the jurisdiction of a public agency). It also states that such lands will have "juxtaposition" (meaning they would be next door to one another) at least at one point if the January l7, 1978 intervening agent were removed, Mr. Franke continued, and it appears clear that wh~n the Board ~doptr.d the Zoning Ordinance, they adopted the specification that thpre be at least one point of contiguity. In the adoption of this ordinance the Board also adopted a definition section which states "contiguous property is defined as "abutting" or those properties having a boundary line or a portion of a boundary line in common". Mr. Franke stated that in Dr. Spagna's memo to the Chairman of the Board, in response to the appeal now being heard, Dr. Spagna disregards the requirements of contiguity, that is con- tained in the Ordinance and is binding on the County Board, but assumes that the word, "contiguity", is not defined and proceeds to gather definitions from various dictionaries; using, Mr. Franke noted, a definition that is not even mentioned as an alternate in Webster's Third New International Dictionary, 1965. (Mr. Franke presented the members of the Board with copies of the two pages of definitions from Webster's and the Synonym Finder) He commented that it does not take a judicial body or attorneys to solve this par- ticular problem; it is clear, he said, that the Ordinance in question, spe~ifies that the land to be transferred has to be "contiguous" and using the definition as it is noted in the Ordinance. Mr. Franke suggested that the Board could simply admit they had overlooked the definition of the word, "contiguity", as it is stated in the Ordinance, when it acted on the TDR petition of Deltona Corporation; reverse its action; and if it is the desire of the Board, amend tho Ordinance in regards to the requirement of contiguity. Dr. Neno Spagna, Director of Co~~unity Development, asked that the two letters he nad received in opposition to the recently approved TOR be accepted for the record - (One from Dr. M. Mendel Bocknek and one from John C. C. Margaret M. Ilaried). Chairman Wimer accepted same. Dr. Spagna related some of the history behind the use of the word 217 bk 40 2lB bk 40 January 17, 1978 "contiguity" in the body of the zoning Ordinance while giving a copy of the map of the subject area to each Commissioner. lie stated that every day the Courts are hearing cases that involve the defin- ing of "words" and are referring to the Constitution for guidance, which means interpretations are made in terms of the conditions and in light of the times. This is a pertinent factor because it tells one that Webster's definition is not important but what tho Courts' h^nd down as a definition, Dr. Spagna noted, and the Courts have consistently said that definitions are used to offer guidance but certainly are not an end in themselves. Particularly in situations where a definition has not been made by the legislative body, in which case, Dr. Spagna said, the Board of County Commissioners has the prerogative to define a word within the context and within the terms of the conditions upon which it is applied. With this in mind, he said, the definition of contiguity was very carefully deter- mined when TOR 77-l-C was considered by the Staff and subsequently by the CAPC and the BO.:lrd. lie gave the following reasons for apply- ing the meaning of contiguity as it was used: l. The land was p.:lrt of an overall development (which was approved by the Board in the mid-l960's) and has always been trc.:ltcd as one, integrated unit. 2. This p.:lrticular development meets in every respect the terms set out as the objective of the Ordinance when the word ~ontiguity is used. Dr. Spagna explained that the Staff has been looking and reviewing tho lOST" Ordinance since its inception, and certain c.rrections and improvements have been made, and they continue to review it for possi- ble improvements that will be for the betterment for all concerned. A discussion followed which touched upon definitions; same owner- ship; lands being contiguous even when separated; observing the rule of strict construction when adhering to an Ordinance; and the defining "of all lands in the same petition". January 17, 1978 Mrs. Marie E. Cusato, owner and resident of Seabreeze West, Marco Island, came before the Board with a petition signed by 327 owners of the Seabreeze, Seabreeze West and Seabreeze South condo- miniums requesting that the Board take into consideration the amend- ing of Deltona's development plan to provide for the continuation of access to the Gulf Beach area for the residents previously mentioned. Chairman Wimer asked Mrs. Cusato if she had contacted Oeltona Corpora- tion about this request and when she answered "No", he told her the Board would accept the petition and present it again at the proper time and suggested she make contact with Deltona Corporation regard- ing the request. Mr. Mike Zewalk, North Naples Civic Association voiced opposi- tion to the approved TDR 77-l-C/Oeltona Corporation. Commissioner Archer pointed out that Deltona Corporation, under the original development plan, was allowed an unlimited number of units and that, even now, under the present zoning, the allowance permitted is 1,280 units with 2,200 square feet per unit and suggested that the approved TDR 77-l-C was a method to reduce the size of the units, resulting in more open space and recreational area and better use of the land. Mr. Walter Fischer, president of Marco Island Association, offered support and approval of the recent TOR for Delto~~. Mr. Franke said, in readdressing the point, that memLeu; of the Board could recall when the young men of this ~ountry refused to serve in Vietnam, saying they had substituted their judgment for the law and they were roundly condemned yet, because of practicality, the Board has in this instance disregarded tho law and let the ends justify the means. fie said our country is a government of laws, not men, and if the Board does not like the law then change it but do not violate it. Mr. Lloyd Sarty, Naples Civic Association, said, in his opinion, the request for the TDR should have come before the Board of County Commissioners as a variance, not handled in the manner of a transfer of density rights, concluding that the latter method of handling the 21 9 bk 40 220 bk 40 January l7, 1978 rcquest would have rcsulted in many more people coming before the Board for just ~ transfcr. There being no more registered speakers, Commissioner Brown moved, seconded by Commissioner Archer and carried unanimouSly, that the public hearing be closed. Commissioner Pistor movcd, seconded by Commissioner Brown and carried 3 to 2 with Chairman Wimer and Commissioner Archer dissent- ing/to deny the appeal of Donald T. Franke regarding the Board of County Commissioners' decision to approve TDR-77-l-C, Deltona Cor- poration. . . . . . . . . * * * * * * RECESS: 10:30 A.M. - lO:40 A.M. at which time Deputy Clerk Swindle was replaced by Deputy Clerk Brenneman. . . . . . . . . * * * * * * REDUCTION OF THE CONSTRUCTION SURETY BOND RE GLADES SUBDIVISION _ APPROVED; GUAI~NTEE RE CERTIFICATE OF DEPOSIT (NO. 556672) - ACCEPTED; AND TRUST DOCUMENT RE SAME - ACCEPTED - CHAIRMAN AUTHORIZED TO EXE- CUTE QUIT CLAIM DEED Utility Director Irving Berzon noted that the request for a reduction of the Construction Surety Bond regarding The Glades, Inc. was continucd from the previous week's agenda due to the dis- covcry of some irregularities regarding the matter. The irregulari- ties have been takcn care of, said Mr. Berzon, and the request is ready for Board review and action. Assistant County Engineer Clifford Barksdale stated that the developer has completed the majority of the construction guaranteed by the original Surety Bond for lands in the Glades Subdivision Units 1 and 2 and the Board is being asked to execute a Quit Claim Deed to release the lands secured by the Surety Bond, and to reduce the amount of the guarantee to $36/000, secured by Certificate of Deposit in that amount. lie said that this amount is sufficient to complete all of the remaining construction and to insure one year's maintenance of the dedicated improvements. He said the execution of the Ouit Claim Deed and acceptance of the Guarantee does not imply acceptance of the construction facilities by the Board of County Commissioners. January 17, 1978 Commissioner Archer moved, seconded by Commissioner Brown and carried b~ unanimous vo~e, 'hat the Chairman be authorized to exe- cute the Quit Claim Deed to all lands described therein, and that the Board accept the Guarantee and Trust Documents guarantyinq Certificate of Deposit in the Amount of $36,000 for the purpose of providing funds for the construction of streets, roads, and drain- age facilities in Units I and 2 of The Glades. NOTE: Exhibit "A" as referred herein is on file in office of Clerk of the Board. . . . . . . . . . . . . . . . . . 22l bk 40 . January l7, 1978 CHAIRMAN AUTHORIZED TO SIGN AGREE:.lENTS WITH THE DEPARTMENT OF TRANS- PORTATION TRANSFERRING MAINTENANCE OF SECONDARY ROADS TO COLLIER COUNTY Assistant County Engineer Clifford Barksdale explained that the Department of Transportation was requested to amend a previous agreement with DOT, regarding the maintenance of the County's secondary road system, which will release about 75' of the road system, or approximately 140 miles, effective January 1, 1978, and the remaining 50 miles June 30, 1978. He noted that there are two agreements to be executed, one of which is the transfer of the roads, and the other is an agreement that the County will maintain the roads, which have been maintained by Federal assistance, according to Federal standards. In response to Commissioner Pistor, Mr. Bark- dale said that the DOT has agr.eed to raise the roads, which are in thE primary system today, and which will be coming back to the County for maintenance, to acceptable standards. Commissioner Pistor moved, seconded by Commissioner Wenzel and carried by unanimous vote, that the Agreements with DOT, as outlined by Mr. Barksdale, be approved, and that the Chairman be authorized to execute same. * * * * * * * * * * * * 231 bk 4 0 * January l7, 1978 CETA PROJECTS DISCUSSED IN JANUARY 16, 1978 WORK SHOP SESSION CONFIRMED, AS f'OLLOWS: EDISON COMMUNITY COLLEGE; DEPARTMENT OF IIRS - INCEPTION OF CLIENT INFORMATION SYSTEM; AMETHYST SOCIETY; IMl10KALEE SERVICE PROGRAN - MEALS ON WHEELS; AND COLLIER COUNTY MENTAL HEALTH CLINIC/ INC. - MANAGEMENT INFORMATION SYSTEM Commissioner Wenzel moved, seconded by Commissioner Pistor and carried by unanimous vote, that the five CETA projects dis- cussed and given tentative approval in the Work Shop Session of January 16, 1978, totalling approximately $49,4S0,be officially approved, as follows: 1. Edison Community College - Continuing Education Coordi- nator and Janitor/Courier Service ($l2,OOO). 2. Department of Health and Rehabilitative Services - In- ception of Client Information System ($12,000 to $13,000). 3. Collier County Mental Health Clinic, Inc. - Management Information System ($6,500). 4. Immokalee Service Program - Meals on Wheels ($11/000 _ 8 months). 5. Amethyst Society - Alcoholic Rehabilitation through Working Experience and Craftsmanship ($6,950l. PROPOSED SUPPLEMENTAL EMPLOYEE INSURANCE - CONTINUED UNTIL NEXT SCIIEDULI::D WOHK &1101' SESSION Chief Deputy Clerk/Fiscal Officer Harold Hall advised that starting approximately ]2 months ago, and at the direction of different Board members, discussions were held relative to diff- crent aids to employees such as Treasury Bond programs/ insurance programs/ and the like. He said the first one to be reviewed by the staff is a supplemental insurance program wherein such types of disability, drcaded disease, cancer insurance, and the like, were considered. Mr. Hall said that the employees are interested in this type of supplemental insurance to be paid for through a payroll deduction program. After reviewing several different types of coverage, said Mr. Hall, and following discussions with the Insurance Committee and Sivers & Associates, the County's insurance c0nsultants, it has been ascertained that Founder's Life Assurance Company, of Tampa, offcrs a full range of the services requested 245 bk 40 246 bk 40 January 17, 1978 for thc employecs. It is the recommendation of the staff he said that the Board designate Founder's Life to provide the supplemental insurance and to authorize payroll deductions, starting in April, 197B. Concerning the cost for the additional insurance, Mr. Hall said that it would depend upon the alternatives selected by the employee, adding that, to his knowledge, such insurance does not overlap the pre~ent insurance coverage. Commissioner Archer ex- pressed concern over the possibility that at some future date the County would be asked to pick up the cost for the insurance, re- ferring to the fact that approximately two years ago the County assumed the cost for the present insurance program at a cost of $7B.00 per month per employee, which would increase the fringe benefits to over $1,000.00 per ye~r. However, said the Commissioner, he is in favor of the type of program under discussion, as an option. Clerk William Reagan inquired if other insurance companies had been given the opportunity to present their programs with Mr. Hall advising that other firms' programs were reviewed, noting that it was impossible to ask each and every insurance company throughout the nation that would have one part of the packages. Mr. Hall stated that Founders Life was the only firm which offered the various op- tions in one payroll deduction package. During the subsequent discussion that followed, such matters as employee contact was discussed. Mr. lIall stated that Founders Life would work in coordination with the Personnel Department to explain to the employees the various options and how each would fit in with the existing group insurance. Deputy Chief Ray Barnett stated that Sheriff's Department employees could not be contacted during work hours. There was further discussion regarding the cost to the County regarding payroll deductions, and the like, and it was the consensus of the Board that more information and discussions were necessary. Commissioner Pistor moved, seconded by Commissioner Wenzel and unanimously carried, that the matter of supplemental employee insur- ance be continued and that the subject be scheduled for the next Work Shop Session. January 17, 1978 FINAL ACCEPTANCE OF MARCO ISLAND STREETS - APPROVED, AS FOLLOWS: HURON COURT, PANAMA COURT, SOUTH COLLIER BOULEVARD (FROH WESTERN END OF SWALL0W AVENUE TO E^STERN END OF SWALLOW AVENUE), COLLIER COUkT AND SWALLOW AVENUE Commissioner Pistor noted he has inspected the various Marco Island streets being presented for final acceptance by the County, stating that they have been recoated and, in his opinion, Assistant County Engineer Clifford Barksdale will concur that they meet the standards set up by the County. Hr. Barksdale signified his aqree- ment with the Commissioner. Commissioner Pis tor moved, seconded by Commissioner Wenzel and carried by unanimous vote, that the Board approvo final accept- ance of the following-named Marco Island streets: Huron Court, Panama Court, South Collier Boulevard (from western end of Swallow Avenue to the eastern end of Swallow Avenue), Collier Court, and Swallow Avenue. BID '284 - AWARDED TO UNITED DIESEL EQUIPMENT COMPANY, FORT MYERS, FLORIDA, IN THE AMOUNT OF $41,414.95 FOR FURNISHING SEVE~ TRACTOR/ MOWERS FOR USE BY THE ROAD DEPARTNENT, AND IN THE AMOUNT OF $15,975.50 FOR FURNISHING TWO TRACTOR/MOWERS FOR USE IN SECONDARY ROAD MAINTENANCE Legal notice having been published in the Naples Daily News on November 8 and 10, 1977, as evidenced by Affidavit of publica- tion filed with the Clerk, bids were received until November 30, 1977 for furnishing and delivering Seven (7) Tractors with Mowers. Chief Deputy Clerk/Fiscal Officer Harold Hall said that it is recommended by the Bid Review Committ~e that the contract be awarded to United Diesel Equipment Company, Fort Myers, Florida, as being the lowest responsible bidder meeting the specifications. He said that there was one exception to the specifications and that the Engineering Department obtained a statement from the other bidder that he did not take exception to the specifications. Also, said Mr. Hall, since the bid was initiated, the Board authorized addi- tional equipment for the County's assumption of Secondary Road Main- 247 bk 40 248 bk 40 January l7, 1978 tenance, and it is the desire to purchase two (2) Tractor/Mowers of the four vehicles included in the aforementioned additional equipment list at this time. Mr. Hall said that the vendor indi- eated that he would honor the price submitted for the additional two which would save the County the expense of duplicating the bid proceRB. Commissioner Archer moved, seconded by Commissioner Wenzel, that Did .284 for furnishing Seven Tractor/Mowers for use by the Road Department in the amount of $4l,414.95, plus an additional Two Tractor/Mowers in the amount of $15,975.50, be awarded to United Diesel Equipment Company, Fort Myers, Florida, as recommended by the Bid Review Committee, in their letter of January 5, 1978 and that the Chairman and the Clerk be authorized to sign and attest the resulting Agreements. In responRe to Commissioner Pistor, Assistant County Engineer Clifford Barksdale said that the staff i~ saLlsfied that the mowers being purchased, although different from the original specifications, will serve as well as the ones originally specified. Upon call for the question, the motion carried by unanimous vote. CETA PROJECT TO PERFORM ROADSIDE ~~INTENANCE WORK ON COUNTY-WIDE ROADS- APPROVED Chief Deputy Clerk/Fiscal Officer Harold Hall explained that the project under consideration for CETA funding is to employ five people (4 laborers and I foreman/driver) to remove litter from the County roadsides. It is the staff recommendation, said Mr. Hall, that the project be approved at a total cost of $19r300 for a five- month period. Mr. James Meerpohl, CETA Operations Director, stated that CETA funds are available for the project and that the equipment necessary will be leased from the Road and Bridge Department. Assistant County January l7, 1978 Engineer Barksdale noted that the equipment is Available, addinq that there is ~ good possibility the County will be receiving two 3/4 ton vehicles from the Surplus Office. Commissioner Archer moved, seconded by Commissioner Brown ~nd unanimously carried, that the CETA project to perform road- side maintenance work on County-wide roads be approved. DRAINAGE EASEMENT DEDICATED BY KAPITAL INVESTMENT FOR LOTS 19 AND 20, BLOCK 336/ MARCO BEACH UNIT lO - ACCEPTED; RECORDATION OF EXECUTED DOCUMENT - AUTHORIZED .Utility Director Irving Berzon advised that the Board is being requested to accept for recordation a drainage easement being offered by K~pital Investment for Lots 19 and 20/ Block 336, Marco Beach Unit )0. He snid that the purpose of the easement is to permit the developer to straddle the two lots to permit utilization of the two lots for the purpose of constructing a 43-unit condominium, noting that the existing outfall pipe will be relocated within the proposed drainage easement. Commissioner Archer moved, seconded by Commissioner Wenzel and unanimously carried, that the Board accept the drainage easement offered by Knpital Investment for Lots 19 and 20, Block 336, Marco Beach Unil 10, and that recordation of the executed document be authorized. * * * * . * . . * . . 249 bk 40 . 254 bk 40 January l7, 1978 RESOLUTION R-78-l0 REQUESTING STATE LEGISLATIVE SUPPORT FOR DRIVER LICE~SING FACiLITY IN IMMOKALEE - ADOPTED Commissioner Archer moved, seconded by Commissioner Wenzel and carried by unanimous vote, that Resolution R-78-10 Requesting State Legislative Support for Driver Licensing Facility in Immoka1ee be adopted, as discussed in the Work Shop Session of January 16, 1978, and that same be forwarded to the Legislative Delegation for consideration at the next session. . . . . . . . . . . . * . . . . . . 256 bk 40 January 17, 1978 TriO 4" WATER WELL PERMITS RE THE GLADES, INC. FOR MONITORING PUR- ~S - APPRC1ED J:!J.TIl S'rIPLLATJ'iNS Utility Director Irving Berzon explained that The Glades, Inc. is expanding its existing potable water supply and that, in order to determine tho limits of this expansion, the South Florida Water Management District has directed that a groundwater monitor- ing and testing program be carried out. He said the two 4" water well permits being requested are to be used for such monitoring. Mr. Berzon stated that the WMAB reviewed the request and has recom- mended that the well permits be issued. Mr. Berzon concurr.ed with the recommendation by the WMAB with the following stipulations: 1. That a copy of the driller's log be provided to the Utility Division. 2. That a sample analysis be provided to the Utility Division. 3. That any use other than for groundwater monitoring must be reviewed and authorized by the WMAB and the Board of County Commissioners. Co~~issioner Archer moved, seconded by Commissioner Pistor and carried unanirr,ously, that the t'^'O 4" water well permits requested by The Glades, Inc. to be used for monitoring purposes be approved with the stipulations outlined by Mr. Berzcn. ROUTINE BILLS - AUTHORIZED FOR PAYMENT Following Chief Deputy Clerk/Fiscal Officer Harold Hall's ad- vice that the bills being presented for payment have been processed under established policies, and that funds are available, Commissioner Archer moved, seconded by Commissioner Pistor and carried unanimously, that the bills be approved for payment as witnessed by the following warrants issued from January II through January l7, 1978: General Fund (Manual) Payroll Fund Road & Bridge Interest & Sinking Golden Gate I & S Collier County Fire District Immokalee Water/Sewer Special MSTD's Collier County Lighting Marco Water & Sewer Federal Revenue Sharing Improvement Trust Golden Gate Fire Ochopee Fire District Kelly Road Water Water Management Sewer District "A" Assessments Sewer District "A" Revenue Municipal Service Taxing District Anti-Recession/Federal Revenue Sharing Grunts & Gifts General Fund Board Payroll FUND January 17, 197B WARRANT NOS. 13 - 14 1 10 6 4 5 3 5 4 4 4 7 4 5 4 7 36 - 37 9 6 4 6 1963 - 2154 37675 - JB041 BUDGET AMENDMENT NO. 78-23 TO APPROPRIATE ANTI-RECESSION FUNDS RE- CEIVED JANUARY ll, 1978 - ADOPTED IN THE AMOUNT OF $49/501 Commissioner Wenzel moved, seconded by Commissioner Archer and carried unanimously, that Budget Amendment No. 78-23 to appropriate amount of $49,50l. Anti-Recession Funds received January 11, 197B be adopted in the t~"""""..J.' rVK S II n c r. T ^ 1-1 1-: i: n ;.j 1-: tl T -,..--. ~:.~:'.3 OTT/~:;1"I nn D.:-pt. C~ERK ---'-" .-......- D::S~:~~~P:ION M:O JUSTlFICl,II():~ Of r,;.i!.:riO:.:Et1r Ht:QUlSTl:D (f'rCjl,1re L1Ir'lpJic.,tC. Ono co ," b~t r'lllnl~IOc! by tho n:'1uc'.tlna f).:l:H,rll(,/)lrt. :on:,Jrd ori!Jin:d end c~ri copy to rt~C/,J ou~~, UJ!l cnnllnuutlon shcoh; IJIld ldt".-:h SlIpportlnC) dOCL:r.1Dn~<;, i~ ne(l~o::d) ,OJ \,.', ......../....ltl' \..ol'......:1 :'~ lur;LI\~ ;OLLllR CGUiI[)', nOl1i O!\ To appropriate Anti-Recession Funds received 1-11-78. l;:lEPJ'.Rm BY DEPNm.lEtH APPKOVAL ~~_(~. HaMrE 1-16-78 DATE . nll S .SECT I O.'l TO DE CO,"iPLnm flY F I NfII-iC[) IICCOUNf 1 cO:.J:-ny !.~"N^GER fIPPROY^L - DATE /J.:OUNT TO: (Increase) General Government - Other Salaries 038-2101-1021 FROM: (Source of Funds) ~~1 Federal ^nti-Rece~sion -:'''i'= Unanticipated Revenue $ 49,501 Funds (Fund 038) 119400-0038-33 $ 49,501 , . &;MA'~;~:L~7}J::~;'J~O;_,:;~;:~Y:~~:' I '~ ':~"3~..i .i~'_::~~D.cr~. ::~~';, ~;'~;::' rhe ~'~~.C:d~ ?ffic::cr. nrtnr receipl or Itl\~ "PJ)('(lVCrJ oriolrDI rr'0:.1 11m C.:-:mty r:"lIFlr;.-:I', lIil rio, ,...',,, 1 r . 1'" '~',"'~r'" ,', r "'.'U\'''' ~.('! ",,'ir,'~ r"..... ,~'d ;,'~~i......:--t. 'lh-,'" ri"'.c~t 258 bk 40 January 17, 1978 BUDGET AMENDMENT NO. 78-24 TO TRANSFER FUNDS FROM CAPITAL PROJECTS (1978 BOND ISf"JE) TO l,ANDFI:,L MAINTENANCE BUILDING PROJECT - ADOPTED IN TilE AMOUNT OF $25,046 Commissioner Wenzel movod, seconded by Commissioner Archer and carried unanimously, that Budget Amendment No. 78-24 to transfer funds from Capital Projects (l978 Bond Issue) to LPW Project, Landfill Maintenance Building, be adopted in the amount of $25/046. ,L1 m CCUNTY, flORI DA ....p U 0 (, E T ^ 1-1 r; I~ D H P. t~ T I';i'.llr.~ of lIoquo-~1-I ng DJpt, ENG,n::::ERING -- .. ..- ......--........... SC~~IP!ION ",I':D JUST1FICATIOj~ Or- !.i,j!:lm:.a::UT ReQUESTED <Preparo In trlpllcato. Dna copy t r"utlll/.1Cd by the rCCjuo!'.'tlng D0pM11r.an't. ron/i'lrd orlglnol lInd one copy to Fl~Cf)J DUfcer 9 continuation shouts and ntti'lch 5upporting documonts, if needed) To transfer funds from Projects account in 1978 Bond Issue (Fund 044) to a specific line item in the 1977-78 Budget. This amount approved by the Board of County Commissioners when the LP\.,r Project for the Landfill Naintenance Building was approved. :P,\RED-BY. r tcve Ftlln or hn Fllce DEPARTI.lENT APPRO'/AL Ni..NeJ DATE ] /13/78 c./J/lf(I<'/P,j, I'" DATE I'). ~~/- 7") !J,ANAGER APPROVAl DATE I /7 II S .SECT! ON TO BE Cm'IPLET.ED BY F I N/\NCE) !ICCOUNT NI,OUNT FROM: (SOURCE OF FUNDS) Cnpital Projccts <Apnropriation Transfer) . 44-2101-00-4010 $25,046 TO: (USE OF FUNDS) <Appropriation Increase) . Landfill Improvements 44-4210-01-4010 $25,046 ~f.ltl'::;~/-1 (. ? ? ,;~~~o ,C~, ~::lY C:y" I SS! 0""<5 "I"~YAL~I_ :~~:8r .:':'''= ) Fiscal OU1cer, ofter rcC"air1 or 1ho vpproved orlull1;}! from 'Iho rounty I1.Hli1!J0r, lIill l;llll.c this 1"C:'1l1CS" for [1o;,r'J ;'c\'lo'./ ilnd (>?provGI. rollo'.dnQ r~;".d ,'cllon, 'Ihe fir-cLlI rk':r ~;!,I J rroC/:l,:;:; l,ppr,w;;" fJuc1S0.t r':~'.:l"'~"~(~IlI~ thrOll!)!' ^CCOUI1I'1r.U M.ld sc:nd ~ C,1py r'cflC'c ~,~_2~.:"U::; 1? thr) rcque:;ll1lQ O"i,.)/'1t::':.,t. Cr.'rJ'/ 10 rur'~h,1~;lnQ on rM'lI'l;d (,"!lI"'n.~lIt, BUDGET N-IENDHENT NO. 78-25 TO TRANSFER FUNDS FROM DOT MAINTENANCE ACCOUNT TO ROAD & BRIDGE ACCOUNT - ADOPTED IN THE AMOUNT OF $l55,000 Commissioner Wenzel moved, seconded by Commissioner Pistor and carried by unanimous vote, that Budget Amendment No. 78-25 to transfer funds from DOT Maintenance Account to Road & Bridge Account be adopted in the amount of $l55,OOO. 260 bk 40 January 17, 1978 BUDGET AMENDMENT NO. 78-26 TO SET UP ACCOUNT FOR SCHOOL YOUTH nELATIONS DEPUTIES PROJECT - ADOPTED IN TilE AMOUNT OF $8/070.58 Commissioner Wenzel moved, seconded by Commissioner Pistor and carried ununimously, that Budget Amendmcnt No. 78-26 to set up an account for School Youth Relations Deputies Project be adopted in the amount of $8,070.58. m COU:~TY, F LOR J D,'\ _B U D G ( T ^'J.! r. N 0 '1 r: I~ T Naif,,) 0 f 1~C'Cj'lj'8:; t I n9 D~p t .G.~J t. PERSm;!>!EL ..... -- ..._...... I1IPTlor~ AND JUSTIFlC',TIO:.! OF f:.:::I~O:.:Er:r R:'QUESTtD CPrepure In trip/'leafe. Ono copy 10 etllln::!d by the requesting D~pMtr-,ent. Fon-Iard originu! and one copy to fisci'll Officer. continuation sheets and att~ch supp~rting documents, if needed) To set up proper accountR for School Youth Relations Deputies for expenditures 8S approved by the Office of ~~npo~er Planning. ReD BY !erpohl 1/4/78 DATE COUNTY pANAGER APPRO\' AL DATE SECTION TO DE CO:.;PLETro flY flll,~,:,CE) ACCOUNT 1'.!.:OUlH :RlFF'S DEPT. PROJECT: ~1stence Allowance tion 28-530577-1040 28-530577-3230 $3,282.00 4,788.58 I . . , . J ',. I~l: (Dec rease) $8,070.58 .' . .... . .. ,. . ~.. (Increase) . : . ,. :~. ~..:' . '. . . c. Supplies forms vel ipment Rentlll tracted Services 28-530577-2040 28-530577-3240 28-530577-3280 28-530577-3310 28-530077-3410 $ 409.20 4,204.58 940.00 594.06 1,922.74 'AI/ tJ1'IY/ \"111,)/" J. f\';'JU"''', ~"\.:J'I'I. I ~ 0';1 -L!2' 1(1 DAn l/l7/78 Dy D.C. t::l. 78-26 !~.C,)I\ ~fii ~-r, lJ(1c;-r~:::cii,j ~-r-1I.~~'~;;~~ri0;:;ri~~~;;U;;-r.:,::-~:y /.l.HI:'scr, \Iill l7e :"'~ re:qlJc:; t (or nOilrd ocviC',,' uno <'j';Hov,lI. for 10'..:111:) r~ilf'U il,:titJ:\, it;, FL.cllr 1! ~:~II procc!:o!O ...ppr.:>\';:t! r~,,:~,;c: l:',(,'"oJ:'~'.'n I!; 'f" rough 1,::\.o:ln: i r:9 "II:.! !-ot."l\1 II ('01''>' r'c: 1 C':C'.1' ..t..,l.':-' 10 1h'J r'~qw"~,hr':J [J:',':I,' ::I.~..,t. ('(<IV '10 r'lIrtl"l'~i,~'l C'rl cDrd t.:l ='J:dll:':~I1I. $8,070.58 BUDGET AMEND~IENT NO. 78-27 TO CORRECT ACCOUNT CODE ERROR RE LIBRARY ADOPTED IN THE MIOUNT OF $250 Commissioner Pistor moved, seconded by Commissioner Wenzel and carried by unanimous vote, that Budget Amendment No. 78-27 to correct account coding crror re Library accounts be adopted in the amount of $250. January 17/ 1978 C:J.;;U el, C0U~HY CtJ:.~\1I S$INiL,lS C8l,-IEH CO'J~TY, FlOj~lu.'\ M ~ qUE S T FOR BUn GET ^ M f NOM ~ N T rl,J,~,4l (I r rl..!qlllJS t, n;J 01)0 ~. -Ll.nRA.E:L_ _ ~ES':~~IF'TION ANO JuSTIf"ICATIO:~ OF "".IEtlC:.:~,';i REQUESTED (PrCl"~r'(J In tripl ica~o. O:'.~ c<.:J~,! be ra~alnad by tho requ0stfng D~p~rtm~n~, Forward origInal ~nd ono CO?,! to Fiscal Offico ~S~ ~ontinudtion shoets and attJ:h s~p~ortin~ docum~nts, If nC9Jod) The $250.00 ve planned for our children's fi~ rental progr~ vas inndvcrtently included in the ~~=!J for purchase of audio visual nnd non book matcrlalo at the h~a~~aarters library. Request re- movnl of that amount from acco~~t code 621201-3321 to account code 62l20l-3~l9. This amendment vill not ?RE:PMlEO BY L. Plctrl DATE l/4/78 ch~nge totLl budgeted , 'Em \??,=?:')";. DATE 1/4/78 llJ:lount. I COUNTY r':;":IAGER APPROVAL r". 'rh DATE /-/G '71 (HII S SECTION TO BE COMPLETED 8Y FIIIANCE) ACCOUNT A.":OU,'lT TO: (INCREASE) Other Contractual Services - Library Hdqs. 001-6212-01-3419 ~ FROM (SOURCE OF FUNDS) Pubs A/N & Non Book 001-6212-01-3321 $250 APPRQV AL . BOARD OF COU:HY CO:.::.11 SS lONERS APPRO'! AL BUDGET "J.IENo.'.I~N' -/t-7J-'lDATE l/l7/78 NO.78-27 T~o Fiscal Officer, lifter receipt of the ~nroved origInal from the County ~I"ntlg"r, will f;n~1 Ize thIs request for 80ilrd iovle~ llnd ll~proval. Fol lowln3 Board action, the Fiscal ?: f I Tor w r II process t,p~r.:l\'~c' Rudge t A."'l'nj~l.ln ts through Accoun t i ng an:l sc"d II copy ref I ( In~ st~tus to the requesting D~~drt~~nt. C:~ to Purchdsing on capital cqulpm~nt. BUDGET AMENDMENT NO. 78-28 TO FUND FOR TEMPORARY LIBRARY ASSISTANTS AT IMMOKALEE AND GOLDEN GATE LIBRARIES - ADOPTED IN THE ANOUNT OF $1,400 Comn\issioner Pistor moved, seconded by Commissioner Wenzel and carried unanimously, that Budget Amendment No. 78-28 to fund for temporary Library Assistants at the Immokalee and Golden Gate Libraries to replace regular employees ?n sick leave be adopted in the amount of $1,400. . . . . 261 bk 40 . 2G2 bk 40 January 17/ 1978 .....~...,. t I '-"'-',.,.) 1...'_'1 t'./I't:t\~ I.Ll m coum'y, rlOI~ID/\ ... ... "" - _!3 U [) (, E T /, ].I r J.! [) ;.: E 14 T . __ r':,w,~ 01 Hcquu~;1'1 ng D:,pt. _J.'!;~~C?~;~~L ~SC:l;IJ'~IOj~ /'.r:D JUSTlFiCAlIOi-l Cf' /,i.jEiiO:,:t::,( rHJ/Jesn:o (ProptJro in'ITipllc.lfo. One c:o~';",; ) n~t !lIner! hI' 1-110 rl.'quc~ Ii n9 l'1'::;'lnr 1 rr....l/1t. ror,~,lrd ori 01 na I Dnd on~ eO;IY to Fl !:oc'J' 0 r f'i cer ;n continuiJtion !:.hcols 11l1d nltilt:h suprortin~ docur.'Elnts, if noedod) Request of ten weeks funding for Library ASRistants at Inmoka1ee and Golden Gate, The former to replace the regular employee, who will eo into the hospital on January 23, and the latter to replace the regular employee during a lying-in leave. :EPI'.!\i:D GY DEPNn;.:F.tlT f,I'PROVAl ohn. H. PaceDATE 1/13/78 L ~ DATE' ~3/?/ 111 S .SECTION TO or: CO:.jPLETED or f I UN,CO !.CCOUNT TO: (INCREASE) COU:-ITY !,t-\:IAGER APPROVAL 'In..m~ DATE /~/~7? fJ.:OUNT Library- Other Personal Services 038-6212-01-1030 $ 1,400 FRml: (SOURCE OF FUNDS) Anti-Recession/Federal Rev. Sharing Other SalAries 038-2101-00-1021 $ 1:400 {~::d:~'i 'r:: ~~ L-~~~;]::~:;~~:: ~~:' y ~:~:"Si0":'5 ;;~::O\~ O. c J :.~~~n7 :J~:i~:'''NT i r; 'c., I or Ii COC. "f1 oc ""0 i p' 0 I 1100 .",c",,'od 0< in ,", I r "om 1 he eN,", """"0'''. "ill IrI:~lj7c 1hi~ rC:<1l!c~.t for' [1u:.I'.I ;"cvir:'.1 iJlld ":-,;>ro\',)1. rollo'.:ina G.):J!',j i)ctio;'l, "Ihe fbci11 [ficQr \:!,11 !,I'OC'0::;::; l..r;:;r,')\'0'! n"r.S~1 r.:;~Cnt:,''(;ilt" : I1J'~l.:~h. "~~Oll" l' i ng i' ~rj SC:;'ld ~ c~')py ru f I c' In.JI !'.t:'I-II'~ -I,.., ~,.~.. r4.......,,"~I...,. r....."..,............ - CONSTRUCTION OF BULKHEAD ON LOT 7/ BLOCK I, UNIT 2, CONNORS VANDERBILT BEACH ESTATES AS REQUESTED BY GARLAND AND GARLAND, INC. - APPROVED FOLLOIHNG READING OF DER BIOLOGICAL ASSESSHENr RE SAME Administrative Aide to the Board Mary Morgan read in its entirety the DER Biological Assessment regarding the construction of a bulk- head on Lot 7, Block I, Unit 2, Connors Vanderbilt Beach Estates, as requested by Garland and Garland, Inc., as required under the provisions of Section 253.l24, Florida Statutes. Mrs. ~lorgan noted that the project was reviewed by the County's Environmental Consultant and approved, recognizing the possible value of the mangrove fringe; however, since part of the area is already walled, it was felt that alignment with the existing seawall is the proper development and it was recommended for approval on that basis. January 17, 1978 Commissioner Archer moved, seconded by Commissioner Wenzel and carried by unanimous vote, th~t the Board approve construction of a bulkhead on Lot 7, nlock I, Unit 2, Connors Vanderbilt Beach Estates, as requested by Garland and Garland, Inc. It was noted by Mrs. Morgan that an approved copy of the minutes regarding the Board action must be forwarded to the DER. 11 11 11 11 11 11 It 11 11 11 11 11 11 It 11 11 11 11 263 bk 40 11 January 17, 1978 EXPANSION OF EAST NAPLES FIRE CONTROL DISTRICT - STAFF TO REVIEW SAME AND PROVIDE nOARD WITH RECOr1MENDATIONS DURING WORK SHOP SESSION Prior to the discussion regarding the material furnished the Doard relating to the East Naples Fire Control District, Administrative Aide to the Doard Mary Morgan advised the Commissioners that Represen- tative Hawkins notified the Board that if there i. any proposed legis- lation to be considered by the delogation it must be submitted by noon of January 18, 1978. She also recalled that over the past year the Board directed the County Manager to meet with the independent fire control districts and discuss the possibilities of whether or not they wished to have legislation adopted which would extend their district boundaries and consequently their tax base. Returning to the matter of the East Naples Fire Control District, Mrs. Morgan said that the information submitted indicates that the District is interested in extending their boundaries to cover parcels of land presp.ntly unoer contract to the County's Fire District One and also to include some additional territory. She said this was verified by staff member L. C. Robinson, who has been working with the District, ~nd, upon Checking with Mrs. Hawkins, it was ascer- tained that the proposed legislation has not as yet been received; however, Chief Dilly Washam of the East Naples District has informed her that it would be submitted to her on Wednesday of the ~urrent week. Commissioner Wenzel moved, seconded by Commissioner Pistor, that the Board support the wishes of the East Naples Fire Control District. Commissioner Pis tor noted that the proposed expansion request includeR tho TRips of Cnrri Oistrict ^nd, roferring to the fact that this District has recently been given approval for constructing their own firehouse, inquired if the expansion would conflict with this. Chairman Wimer suggested that the staff look at the matter and come back to the Doard with recommendations. Noting that there is a deadline 267 bk 40 2GB bk 40 January l7, 1978 for the submittal of legislation, Mrs. ~Iorgan said that the District's proposal would h~ve to be submitted on January la, 1978; however, the Doard's recommendations could be submitted later. Commissioner Wenzel commented that he favors supporting the fire districts; however, he withdrew his motion, and Commissioner Pistor withdrew his seconding of same. It was the consensus of the Board that the matter under discus- sion, together with other similar requests, should have been worked out sooner, following which Chairman Wimer directed the staff to provide the Board with recommendations at the next scheduled Work Shop SeRsion. Mrs. Morgan also referred to a petition signed by the residents of Unit 30, Golden Gate Estates, requesting that they be transferred for fire protection purposes from the East Naples Fire Control Dis- trict to the Golden Gate Fire Control District which is closer. Chairman Wimer directed that this matter be included in the overall review of the subject with a recommendation to be forthcoming. CHAIR1'IAN AUTHORIZED TO SIGN, AFTER-THE-FACT, LETTER OF REFERENCE RE EXPERIENCE WITH ROBERT CARSELLO, GEORGE KRAFT COMPANY, TO CITY MANAGER GEORGE PATTERSON Administrative Aide to the Board Mary Morgan noted that a re- quest has been received from Mr. Robert Carsello, George Kraft Com- pany, for a letter of reference regarding the Board's past experi- ence with the firm due to the fact that Mr. Carscllo is interested in bidding on the construction of Naples City Hall. Due to the deadline for submitting bids, Mrs. Morgan advised that the letter has been prepared for the Chairman to sign, after-the-fact. Commissioner Pistor moved, seconded by Commissioner Brown and carried unanimously, that the Chairman be authorized to sign, after- the-fact, letter of reference re Mr. Robert Carsello, George Kraft Company. Janu"-ry 17, 1978 AUTHORIZATION GIVEN TO REQUEST INFORMATION At'iD/OR l1ATERIALS RE ENERGY CONSERVATION WORK SHOP TO BE HELD JANUARY 27, 1978, IN SARASOTA, FLORIDA Following a brief digcussion of the upcoming series of energy management workshops for local government being sponsored by the Florida State Energy Office and the Regional Energy Action Commit- tees/ in cooperation with the U. S. Department of Energy, Commissioner Wenzel moved, seconded by Commissioner Pistor and carried by unani- mous vote/ that information and/or material be requested from the appropriate Regional Energy Action Committee, as suggested in the announcement dated January 5/ 1978, rather than to designate a repre- sentative to attend. UTILITY EASEMENTS RE IMMOKALEE SEHER PROJECT - RECORDED AND FILED FOR THE RECORD Pursuant to action taKen by the Board on October 25, 1977, wherein the Board approved the acceptance and expenditure of funds for the recording of all Utility Easements related to the Immokalee Sewer Project, Utility Director Irving Berzon submitted the following Utility Easements, same having been recorded in the Official Rec~rda: 1. Douglas O. McGoon, Jr. and Gloria McGoon 2. Blye R. Treadway, Trustee 3. Norma M. Kibbey 4. Lola Mae Wilkinson 5. Southwest Florida Self-Help Housing * * * * * * * * * * . 269 bk 40 . 276 bk 40 January l7, 197B SUPPORT OF SENATE BILL 231/ AS WELL AS OTHER PROPOSED LEGISLATION - Qg~RRED PEP9ING FURTHER 'mVIF.W Administrative Aide to the Board Mary Morgan noted the receipt of a request from State Senator Jim Glisson urging Commission support of Senate Bill 23l which would require the State Legislature to in- clude a funding mechanism with any legislation which directs munici- palities or counties to administer programs and services that would impose a burden upon their budgets. Commissioner Wenzel moved, seconded by Commissioner Pistor, that a letter be prepared to the legislative delegation supporting Senate Bill 231. Commissioner Archer commented that this matter was a topic of discussion in the SACC Subcommittee which he attended the previous day, the opinion being that the Bill be supported with the knowledge that there arc discrepancies in the Bill. He said that he has a copy of Senator Glisson's Bill for review by the Commissioners com- menting that it is not all that it seems to be without thoroughly reading and understnnding the Bill. He suggcsted that before action is taken in ~upport of the proposed legislation that the Bill be read and comments be mnde rcgarding the aforementioned Bill, as well as some of the other bills being proposed directly affecting local govern- ments, before the Board openly supports something that they are not fully advised of. The maker and the seconder of the motion on the flocr withdr~w the motion and it was the consensus of the Board that action be de- fer red pending further review. STAFF DIRECTED TO REVIEW WATER RESOURCE DEVELOPMENT PROJECTS REQUIRING FEDERAL ASSISTANCE AND REPORT BACK TO THE BOARD WITH RECOMMENDATIONS PRIOR TO THE DER ANNUAL WATER RESOURCES CONFERENCE TO BE HELD FEB- RUARY 22/ 197B IN TALLAHASSEE Administrative Aide to the Board Mary Morgan stated that informa- tion has been received from DER regarding the upcoming Annual Water Resources Conference at which Requests for Federal Funding of Water January 17, 1978 Development Projects for Federal Fiscal Year 1980 will be submitted. She said th~t the conference will be held in Tallahassee on February 22, 1978. utility Director Irving Berzon said that a review of the pending projects which might be applicable to funding from this source might be advisable; however, he said that he knew of no projects of suffi- cient magnitude to warrant consideration at this time. He said that he would bring the matter before the WMAB for their recommendations. Commissioner Wenzel moved, seconded by Commissioner Pistor and carried unanimously, thAt the staff be directed to review water resource development projects and report back to the Board with recom- mendations. CHAIRMAN AUTHORIZED TO EXECUTE RESOLUTION R-78-l1 REQUESTING FAVORABLE CONSIDERATION BY FCC BE GIVEN TO THE ESTABLISHMENT OF A SATELLITE TV STATION TO WUSF-TV AT FORT MYERS, BY THE UNIVERSITY OF SOUTH FLORIDA, TO PROVIDE EDUCATIONAL AND PBS SERVICES Administrative Aide to thp. Board Mary Morgan requested a motion from the noard authorizing the Chairman to execute a resolution to be presented to the Legislative Delegation in support of a public television system to be located in the Southwest Florida area. Commissi0ner Pistor moved that the Chairman be authorized to execute Resolution R-78-ll requesting favorable consideration by the FCC, and other involved Federal agencies, be given to the estab1ish- ment of a Satellite TV Station to WUSF-TV, Tampa, Florida, at Fort Hyers, Florida, by the University of South Florida, to provide edu- cational and PBS services. The motion was seconded by Commissioner We~zel and carried by unanimous vote. .. .. .. .. 277 bk 40 ... A January 17, 1978 PROPOSED HOUSING AND COMMUNITY DEVELOPMENT WORK SHOP TO BE HELD ON FEBRUARY 17/ 1978 IN FORT MYERS TO BE SPONSORED BY THE SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL As an item of gcneral intc~~st to the public, Administrative Aide to the Board 14ary Morgan noted the receipt of a communication from Lloyd P. Sponner, Regional Planner, Southwest Florida Regional Planning Council, announcing the Council's proposed Housing and Community Development Workshop to be held on February 17, 1978, at the Ramada Inn of Fort Myers, Florida. It was the consensus of the Board that any Commissioner wishing to attend should contact Mrs. Morgan. COPY OF THE UNIFORM ACCOUNTING SYSTEM FOR UNITS OF LOCAL GOVERNMENT IN TilE STATE OF FLORIDA - RECEIVED Administrative Aide to the Board Mary Morgan advised the Board that a memo from Mr. B. J. Givens, Chief, Burcau of Local Government Finance, dated December 29, 1977, has been received transmitting a copy of the Uniform Accounting System for Units of Local Government in the St3te of Florida, .said system to be implemented October l, 1978, as 800n as it has been adopted as a rule through the Adminis- trative Hearing program. Clerk Nilliam Reagan commented that work has begun on same. .Copyon file in the Clerk's office. UTILITY DIRECTOR PROVIDES CLARIFICATION ON CEASE AND DESIST ORDER ISSUED BY THE CORPS OF ENGINEERS RE PLACE~ffiNT OF FILL IN WATERS OF THE UNITED STATES' WETLANDS OF THE EVERGLADES, NEAR CARNESTONN Utility Director Irving Berzon rAferred to the Cease and Desist Order iRRued by the Corps of Engi~eers, dated January 9, 1978, re- garding the p1ace~ent of fill in ~aters of the United States, wet- lands of the Everglades, near Car~estown, in violation of Section 30lCa) of the Federal Water Pollution Control Act Amendments of 1972. Mr. Berzon said that the Corps did an overflight of the general area and noted something that looked like filling which, in fact, was the Carnestown landfill operation that has been converted to a transfer 279 bk 40 2BO bk 40 January 17, 1978 station. He said when the Corps sent someone out to the site, they realized what had happened. Mr. Berzon said that they did find one minor irregularity which was in the course of being corrected at that time: however, for the record, the Corps did have to issue the Order. He said that he has been in touch with the Jacksonville office of the Corps and they are now aware of this. Ile said the Cease and Desist Order is still in effect; however, said Mr. Berzon, the County is not doing anything to cease and desist from. COMMISSIONER ARCHER REPORTS ON MEETING OF SACC WAYS AND BEANS COM- MITTEE HELD JANUARY l6, 197B Commissioner Archer advised that the Ways and Means Committeo of SACC met in Tallahassee on January 16/ 197B to discuss bills which have been submitted to the Committee for consideration. He gave a brief outline of some of the bills which were discussed and stated that he would like for the Commissionera to read them, understand them, and submit to him their thoughts on these bills. Commissioner Archer advised the Board that the State Association will be meeting at Fort Wal~on Beach, Florida, on March 2 through March 5, 1978, and urged all members of the Board to attend, if possible, and vote on which bills they wish to support. He said that there are some controver3ial bills that look real good on the surface but that when they are read, they do not mean what they say in the title. 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: l. Notice dated January 9, 197B from the Bureau of Criminal Justice Planning and Assistance that Collier County C.J.I.S. Subject-In-Process for both Step 1 and Step 2 grant period has been extended through June 30, 1978 con- tingent upon the County submitting all past due progress reports prior to January 23, 1978 - xc to Fiscal Officer and Clerk to the Board: and filed. 282 bk 40 January 17, 1978 There being no further business for the good of the County, the meeting was adjourned by order of the Chair Time: ll:50 A.M. BOARD OF COUNTY COMMISSIONERS/EX OFFICIO GOVERNING BOARD OF SPECIAL DISTRICTS UNDER ITS CONTROL c.Lia2~N ATTEST: WILLIAM J. REAGAN, CLERK ".