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BCC Minutes 02/21/1978 R 9:00 AN Naples, Florida, February 21, 1978 LET IT BE REMEMBERED, that the Board of County Commissioners jn and fo~ the County of Collier, and also acting as tho Governing Board(s) of such vpecial 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 Compl~x with the following members present: CHAIRMAN: C. R. "Russ" Wimer VICE-CHAIRHAN: John A. Pistor Clifford Wenzel David C. Brown Thomas P. Archer ALSO PRESENT: William J. Reagan, Clerk; Harold L. Hall, Chief Deputy Clerk/Fiscal Officer; Debbie Pantano and Edna Brenneman (10:00 ^.M.) Deputy Clerks; Donald 1\. Pickworth, County AttornoYI Irving Berzon, Utility Director; Mary Morgan, Administrative Aide to the Board; Neno Spagna, Director of Community Development; Carl Clemmer, Zoning Dir0.ctor; and Deputy Chief Raymond Barnett, Sheriff's Department. AGENDA I. INVOCATION II. PLEDGE OF ALLEGIANCE III. APPROVAL OF AGENDA IV. APPROVAL OF />!INUTES: January 31, 1978 V. ADVERTISED PURLIC HEARINGS A. Petition SMP-17-6-C by DeItona Corporation requesting PI Subdivision Master Plan approval for Tract L, Unit 6, Marco Bench Subdivision on the NN corner of SR-953 and SR-92 (Pickworth). B. Petition R-77-2S-C by Dcltona Corporation requesting PI rezoning from "RS-4" Single Family to "PC" Professional l~ Commercial for Tract L, Unit 6, Marco Beach Subdivision located on the NN corner of SR-953 and SR-92 (Pickworth). C. Petition R-77-24-C by CCMcB Restaurant Themes, Inc., PI requesting re7.oning from "RN-I" Residential ~lultiple 2( to "GRC" General Retail Commercial for part of 534, T495, R25E on Goodlette Road just south of the entrance to Goodlette Arms Apartments (Pickworth). 471 bk 40 j February 21, 1978 G. Request for approval of ~Iaintenance Agrcement for traffic signal at SR-29 and Lako Trafford Road (Berzon). H. Request for approval of Bid Award for Isles of Capri Fire Station (Berz.on) I. Request for approval of Agreement for Safcr Roads Demonstration Program (Bcrz.on). J. Rcquest for acceptance of Corrective Drainage Easement and execution of a Quit Claim Deed for a parcel in Tract M, Marco Beach Unit 6. Deltona Corporation (Borzon). K. Request for approval of a traffic flashing signal beacon at the intersection of Goodlette Road and Pine Ridge Road (Berzon). VIII. COLLIER COUNTY WATER/SEWER UTILITY DIVISION IX. CLERK OF TilE BOARD A. Paymcnt of Bills B. Budget Amendments C. Other X. MISCELLANEOUS BOARD ITEMS A. Request for Board to pass emergency ordinance pro- viding for the suspension on March 6, 1978, of fees charged for permits required by Ordinance 76-49 for parking in ccrtain restricted areas. ~~-37 XI. CORRESPONDENCE OON~ XII. PUBLIC PETITIONS: None XIII. ITEMS FOR DISCUSSION AND POSSIBLE ACTION XIV. ADJOURN MINUTES OF JANUARY 31, 1978 - APPROVED Commissioner Pistor moved, seconded by Commissioner Archer, that the minutes of January 31, 1978 be approved as submitted and carried unanimously 5/0. 473 bl< 40 474 bk 40 February 2l, 1978 PROCLAMATION 0? NATIONA~ ENGINEERING WEEK REQUESTED BY FLORIDA ENGINEERING SOCIETY AND TilE AMERICAN SOCIETY OF ENGINEERS - ADOPTED William J. Reagan, Clerk, read the Proclamation which resolved that tho period of February 19-2S, 1978 bo proclaimed National Engineers Week in Florida and urged that special recognition be given to the achievement of the engineering profession and its individual members. Commissioner Pistor moved for adoption of tho Proclamation, seconded by Commissioner Wenzel and carried unani- mously 5/0. The Proclamation was then presented to Mr. Tom Peek of Wilson, Miller, Barton, SolI & Peek with the congratulations of the Board. * * * * * * * * * * * * * * * * * 476 bk 40 February 21, 1978 CIIAIRMAN WIMER RECOGNIZED AS BEING AWARDED ONE OF THE FIVE AWARDS DY TilE STNl'S AND JUNIOR CIIAMBJR OF COMMERCE AS ONE OF THE FIVE "OUTSTANDING YOUNG MEN IN TilE STATE OF FLORIDA." Commissioner Pistor stated that he felt it should be recognized that Chairman Wimer was awarded one of five awards by the State and Junior Chambor of Commerce as one of the five "Outstanding Young Men in the State of Florida' and that it is quite a commendable recognition. AGENDA - APPROVED WITH ADDITIONS/DELETIONS Commissioner Wenzel requested the following item be added to the Agenda: 1. Appointment of second alternate for the Coastal Area Planning Commission. Fiscal Officer Harold Hall requested the following two items be added to the Agenda under the Clerk's Reportl 1. Report and recommendation of fidelity bonds for elected officials. 2. Audit reports from the Sheriff's Department and Property Appraiser to be submitted for the record. Commissioner Pistor moved, seconded by Commissioner Archer, that the agenda be approved with the above additions and with the following Additions/Deletions and carried unanimously 5/0. A 0 END A February 21, 1978 ADDITIONS AND DELETIONS ADDITIONS IV. A. Proclamation of National Engineering Week requested by Florida Engineering Society and the American Society pf Engineers. . ., ~ i: ,. , -;#'" V~ ~dvertlsed.public hearin~s . NOTE: Because Item A is dependent upon Item B, these will be heard in reverse order; I.e., th~t-is~to say that Item B will be heard first and then Item A will be heard. j I . . .J Februar~ 21, 1976 VIII. Collier County Water/Sewer Utility Division A. Division Director's Report 1. Willoughby Acres - preliminary engineering study on sanitary sC\'ler system (Continued from 2/211/78) 2. Report and discussion of proposed ~ater rates in County Service Districts 3. Report on grant and loan for Coodland Water System X. Miscellaneous Board Items B. Discussion of criteria to be used in screening process for applications to position of County Manager. DELETIONS VII. Staff Report D. Request for Board confir~ation of legal description of ambulance district boundaries for Zippo and Golden Gate ambulance3. C. 1. Robert E. Leake req~est for gun permit (deleted at request of applicant) ORDINANCE 78-4 RE PETITION R-77-2S-C BY DELTONA CORPORATION RE- QUESTING REZONING FROM "RS-4" SINGLE FAMILY TO "PC" PROFESSIONAL COMMERCIAL FOR TRACT L, UNIT 6, ~~RCO BEACH SUBDIVISION LOCATED ON TilE NW CORNER OF SR-9S3 AND SR-92 - ADOPTED; PETITIONER'S AGREE- MENT TO STIPULATIONS - ACCEFTED Legal notice having been published in the Marco Island Eagle on January 19, 1978 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition R-77-2S-C by De1tona Corporation requesting rezoning from "RS-4" to "PC" for Tract L, Unit 6, Marco Beach Subdivision located on the NW corner of SR-9S3 and SR-92. Dr. Neno Spagna, Director of Community Development, referred to the visual zoning map to show the location of the area in question which is the confluence of San Marco Road and Bald Eagle Drive. Dr. Spagna explained that an area which had certain facilities, namely certain professional uses, a hospital or related buildings, had been rezoned causing these structures to be relocated; the proposed site for the medical facilities is presently zoned "RS-4" and the appropriate zoning 477 bk 40 478 bk 40 February 2l, 1978 would be "PC". Dr. Spagna furtr~r stated this petition was heard by tho Coastal Area Planning Commission on January 5, 1978 and approval was recommended with the condition that the final drain- age be submitted and approved by the County Engineer prior to the issuance of any permit; also there were no objections from any of the residents at the hearings. Mr. James Vensel, Senior Vice- Prc~ident of the Deltona Corporation, came before the Board stati~g thin pctition is n commitmcnt made by Dcltonn to the Marco Island Civic Association and the residents of Marco Island to relocate the medical facilities on the island rather than off the island. There being no other persons registered to speak on the matter, Commissioner Wenzel moved that the public hearing be closed, seconded by Commissioner Pistor and carried by unanimous vote. Commissioner Wenzel moved that Ordinance 78-4 re Petition R-77-2S-C by Deltona Corporation (as titled below) be adopted and entered in Ordinance Book No.8, seconded by Commissioner pistor and carried unanimously and that the petitioner's agreement to stipulations be accepted. OnOINh!':CE NO.~ AN ORDIN^,'\CE A\IENDING ORDIX-l..'\CE 76-30 TIlE CQ\lPREHF.NSIVE ZO:HNG REGUL.<\T10~S FOR TIlE t.r.\Ii\CORPOR.\TED AREA OF TIm CO.\STAL AREA PLANNING DISTRICT OF COLLIER COlNTY. FLORIDA BY Af.IENDIl\'G TIlE ZO~II\G ATL.\S H.u' 1,'L)IBER m-5 BY CHA.NGI:-,'G TIlE ZQ~ING DISTRICr CLASSIFlCATIO~ OF THE FOLL01~ING DESCRIBED PROPERlY LOCATED AT. TIlE :\0 COR\'ER OF SR 92 A\'D SR 953 FRQ\I "RS-4" SINGLE FA\I1LY TO "PC" PROFESSIQ'\AL CQ\r.IERCIAL: TRACT L, UNIT 6, ~IARCO BEACH SUBDI\'ISIQ'l ~m PROVIDING AN EFFECTIVE DATE * * * * * * * * 480 bk 40 February 21, 1978 PPoTITION SMP.77-6-C Df DELTON~ CORPORATION REQUESTING SUDDIVISION MASTER PLAN APPROVAL FOR TRACT L, UNIT 6, MARCO BEACH SUBDIVISION ON TilE NW CORNER OF SR-953 AND SR-92 - APPROVED - PETITIONER'S AGREEMENT TO STIPULATIONS - ACCEPTED Legal notico having beon publishod in the Marco Island Eagle on February 2, 1978, as evidenced by Affidavit of Publication filed with tho Clork, public hearing was opened to consider Petition SMP-77-6-C by Oeltona Corporation requesting Subdivision Master Plan approval for Tract L, Unit 6, Marco Beach Subdivision on the NW corner of SR-953 and SR-92. Dr. Neno Spagna, Director of Community Development stated this petition was reviewed by the Subdivision Committee on December 7, 1977 and recommended approval to the Coaatal Area Planning Commission with two condi- tions/ the CAPC held their meeting on January 5, 1978 and also recommend approval with the following conditions I 1. Waiver of immediate construction of 8' wide sidewalks as part of initial construction done by the developer and such sidewalk will be constructed by the individ- ual property owner at the time that the building per- mit is issued. 2. Exhibit F, Declaration of Restriction, Item 6 to be revised by adding "Collier County" after "assigns". ). Approval of the Master Plan is contingent upon the Board of County Commissioners approval of "PC" zoning as requested in petition R-77-25-C. There being no persons registered to speak on the matter, Com- mi$sioner Wenzel moved that the public hearing be closed, seconded by Commissioner pistor and carried unanimously 5/0. Commissioner Wenzel moved that Petition SMP-77-6-C by Oeltona Corporation requesting Subdivision Master Plan approval be approved, seconded by Commissioner Pistor, and carried by unanimous vote 5/0 and that the petitioner's agreement to stipulations be accepted. * * * * * 482 bk 40 February 21, 1978 ORDINANCE 78-5 RE PETITION R-77-24-C BY CCMcB RESTAURANT THEMES, INC., REQUESTING REZONING FROM'RM-I" RESIDENTIAL MULTIPLE TO "GRC" GENERAL RETAIL COMMERCI1\L FOR PART OF S34, T49S, R25E ON GOODLETTE ROAD JUST SOUTH OF THE ENTRANCE TO GOODLETTE ARMS APARTMENTS - ADOPTED - PETITIONER'S AGREEMENT TO STIPULATIONS - ACCEPTED Legal notice having been published in the Naples Daily News on January 19, 1978, as evidcnced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition R-77-24-C by CCMcB Restaurant Themes, Inc., requesting rezoning from "RM-l" to "GRC" for part of S34, T49S, R25E on Goodlette Ro~d just south of the entrance to Good1ette Arms Apartments. Mr. Donald Pickworth, County Attorney, stated that Mr. Tom Peek of Wilson, Miller, Barton, SolI and Peek, Inc., is present to represent the 'pctitioner and suggested that Dr. Spagna introduce the subjcct for the staff. Dr. Neno Spagna, Director of Community Development, stated this petition appeared before the Coastal Area Planning Commission on January 5, 1978 and was recom- mended for approval subject to the condition that the final drainage plans be submitted to thc County Engineer for review and approval prior to the issuance of any permits; further stating that therc were several people in attendance at the meeting who raised the question of ingress and egress which has been worked out between the County and the developer. Commissioner Pistor asked if Mr. Peek would speak on the matter as he would like to knl.,w of the plans for egress/ingress. Mr. Peek stated the property is 200' by 600', the 200' being on the Goodlette Road just south of the entrance to the Goodlette Arms Apartments, further stating that in the de- velopment of the Apartments, the entrance road was designed for the apartments and also the adjoining properties and Mr. Peek stated it is intended to use that entrance as the only one into the pro- posed restaurant therefore creating no additional ingresses or egresses; however there is a distress lane on Goodlette Road which February 21, 1978 is used as a right-turn lane into the apartments. Commissioner Pistor eXf-.:essed concern abo'lt a cross-over for Goodlette Road being required and asked if it is conceivable if people coming out of the restaurant would only turn right onto Goodlette Road to which Mr. Peek stated it is possible but not a practical idea, further stating that the proposed 4-laning of Goodlette Road is a possible solution. Commissioner Wenzel stated he feels it will be up to the discretion of the driver himself as to what direction to turn out of the restaurant. Irving Berzon, Utility Director, noted that Mr. Jack Stanley is registered to speak for the peti- tioner. Mr. Stanley stated he had no statements to make and asked if the Board had any questions for him. There being no other persons registered to speak on the matter, Commissioner Archer moved that the public hearing be closed, seconded by Commissioner Pistor and carried unanimously 5/0. Commissioner Pistor moved that Ordinance 78-5 re Petition R-77-24-C by CCMcB Restaurant Themes, Inc., (as titled below) be adopted, and entered in Ordinance Book No.8, seconded by Com- missioner Archer and carried unanimously 5/0 and that the petitioner's agreement to the stipulations be accepted: onOINANCE NO. 78-5 m ORDINAI''l/CE A\lE.\'DI~G ORDI;{l\.',CE 76-30 TIlE CO:'-I- PREHE."I/SIVE ZO:lI:\G REGULATIO~S FOR TIlE U::I~CORPOnATED MmA OF TIlE COASTAL AREA PLA.\."'\I:\G DISTRICT OF COLLIER COUNTY, FLORID..\. BY A\lE.\'DI~G 11m ZO:lING ATLAS W~P Ntr.vlBER 49-25-8 BY REZO:iI~G THE FOLLOim.,'G PHOPERTY LOCATED SOlJI1I OF mE E\'TAA'-:CE TO THE G/XlDLElTE AR\1S . APAR~lENTS FIKl'I R.'I-l ~ULTI-FA'IILY TO GRC - GENER;\L RETAIL CCN\IERCIAL: ,.\ PARCEL OF 1...\\1> I~I SECTICX-J 34, . . TOI'l'NSHIP 49S, RA'iGE 25n AND PROVIDI:\G A'i EFFECTIVE DATE * * * . * I\R1 )-'k 1\('\ February 21, 1978 RESOLUTION R-78-24 RE PETITION V-7B-l-I BY RALPH W. TAYLOR RE- QUESTING A VARIANCE FROM TilE REAR YARD SETBACK OF 20' TO 6' TO J'.LLOW CON::'TRIICTION OF A 20' BY 60' FURNITURE WAREHOUSE ON LOT 12, BLOCK B, CARSON'S ADDITION SUBDIVISION IN IMMOKALEE - ADOPTED Legal notice having been published in the Immokalee Bulletin on February 2, 1978, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition V-78-l-I by Ralph W. Taylor requesting a variance from the rear yard setback of 20' to 6' to allow construction of a 20' by 60' furniture warehouse. Mr. Donald Pickworth, County Attorney, noted this petition has been recommended for approval by the staff. Mr. Carl Clemmer, Zoning Director, described the location of the pro- perty and stated the petitioner desires to construct a 20' by 60' warehouse at the rear of the existing store with the floor eleva- tion higher than the existing building; the septic tank is currently in this location; they have three air-conditioning units which pro- trude from the rear of the building and the petitioner is asking for a 6' setback rather than a 20' setback to the rear. Mr. Clemmer stated that the petitioner's intention is to remodel the existing store ana in doing so will upgrade the area. Mr. Clemmer further stated that the staff feels that granting this variance will be in harmony with the general intent of the Zoning Ordinance; and, it will not confer any special privilege that is denied by these regu- lations to other lands, building or structures in the same district. Commissioner Brown stated he felt this will help upgrade the com- munity. Chairman Wimer inquired as to whether there will be trucks backing up to this location unloading furniture to which Mr. Clemmer replied the loading station is on Colorado Avenue and the only loadinc truck is a van delivery truck. Mr. Clemmer further stated there has been no objections to this petition. 486 bk 40 February 21, 197B There bping no other person9 registered to speak on this matter, Commissioner Drown moved that tho public hearing be closed, seconded by Commissioner Pistor and carried unanimously 5/0. Commissioner Wenzel moved that the Resolution R-78-24 re Petition V-7B-l-I by Ralph W. Taylor be adopted, seconded by Com- missioner Drown. Commissioner Archer asked Mr. Pickwcrth if by approving this petjtjon, a precp.dent was being set by granting a var.iance on tho grounds that it will upgrade the area vs. the fact of being a hardship case and not eligible for a variance. Mr. Pickworth replied that area upgradc is usually reserved for Provisional Use, not variances. Mr. Clemmer then noted that the petitioner has met the standard setback requirements and the drainage system has been approved. Commissioner Archer stated he did not feel a vari- ance was the proper method of trying to upgrade the area with no hardship being proven to justify the variance and asked if there arc any other methods in which to do this. Commissioner Brown stated that urban decay is deteriorating the whole area and he went along with the petition. Commissioner Archer stated that the Board should redefine "hardship cases" before he would go along with accepting this variance under the present zoning regulations. Commissioner Pistor concurred with Commissioner Archer. Mr. Pick- work stated that if this case is looked into, possibly it will warrant a hardship case which would permit the granting of a vari- ance. Upon call for the question, the resolution was adopted with a vote of 3/2, Commissioners Archer and Pistor dissenting. * * * * * February 21, 1978 RESOLUTION R-78-25 RE CREATION OF SHORES AVENUE ROAD IMPROVEMENT DISTRICT DEFERRED FROM JANUARY 31, 1978 - ADOPTED WITH STIPULATIONS Legal notice having been published in the Naples Daily News on January 17, 197B, as evidenced by Affidavit of Publication previously filed with the Clerk, public hearing was continued from January 31, 1978 to consider the croatian of Shoros Avenue Road Improvement District. Utility Director Irving Berzon stated that at the public hearing of January 31, 197B the estimate that was prepared was considered rather expensive and it was suggested that the project could be carried out using County labor and equip- ment with the cost of the material basically being the cost of the project; the estimate has been worked out to ap~roximately $4 per front foot for the materials. Mr. Berzon further stated the addi- tional cost for County labor and equipment should be included in any final assessment that is developed and explained the reason why the first estimate was so high is that it was based on contractor cost. Mr. Berzon then stated the Engineering Department and the staff recommended that the project be approved for construction with the cost of material, labor, and equipment charged to the total assessment project; he said it is difficult to estimate the cost of the labor and equipment as it is a fairly small job and the con- dition of the roadway is fairly good stating the cost should not go more than $7.50-B.00 per foot. It was noted by Mr. Berzon that the original cost estimate based on comparitive contractor prices was approximately $15.00 per foot; he further stated he did not think the property owners of Shores Avenue are now aware of the cost which includes the labor and equipmen~ referring to a letter he received from Clarence L. Perry, George Krasnick Realty, which acknowledges the estimate based on $4.00 per front foot for material only. Chair- man Wimer stated he had received a few calls regarding the matter and Aq~ hv An 490 bk 40 February 21, 1978 he had made it clear that the total cost could be around $7.00-8.00 per foot and said he would like to see the project go through quickly. Mr. Berzon agreed with Chairman Wimer in that if the pro- ject is delayed, the road condition will get worse causing higher estimates of repair. There being no other persons registered to speak on tho matter, Commissioner Wenzel moved to close the public hearing, seconded by Commissioner Brown. Commissioner Pistor suggested the property Owners be advised of the cost as being approximately $7.00-8.00 per front foot before the project is underway. Mr. Berzon stated he could direct the Engineering Department to send letters to these people stating the cost of the materials will be approximately $4.00 per front foot plus the additional cost of labor and equipment. Upon call for question, the motion to close the public hearing was voted unanimous, 5/0. Commissioner Wenzel moved that the creation of Shores Avenue Improvement District be authorized with the stipulations of the cost allocationa of the work and the letters to go out to the property owners advising them of the estimate of cost, seconded by Commissioner Pistor and carried unanimously 5/0. * * * * * * * * * * * * February 21, 1978 PETITION V-78-3-C BY WILLIAM 1\. SMITH REQUESTING A VARIANCE IN THE l8,00n SQ. FT. LOT REQUIREMENT TO OPERATE A SELF-SERVICE GAS ~T^TION IN CONJUNCTION WITH A CONVENIENCE STORE ON LOT 537, ISLES or CAPRI - ADVERTISING AUTHORIZED FOR MARCH 21, 197B Commissioner Archer moved, seconded by Commissioner Wenzel, that Petition V-78-3-C by William A. Smith requesting a variance in the 18,000 Sq. Ft. Lot requirement to operate a self-service gas station in conjunction with a convenience store on Lot 537, Isles of Capri be authorized for advertising a public hearing March 21, 1978, and carried unanimously 5/0. PETITION CCSL-78-2-C BY WILLIAM GAGE, TRUSTEE, REQUESTING 66' VARIANCE FROM THE COASTAL CONSTRUCTION SETBACK LINE FOR S l/2 OF LOT XIII AND N 1/2 OF LOT S II, BLOCK B, AND ALL OF LOT S IV, BLOCK A, CONNOR'S VANDERBILT BEACH ESTATES SUBDIVISION - ADVERTISING AUTHORIZED FOR MARCH 21, 197B Commissioner Archer moved, seconded by Commissioner Wenzel, that Petition CCSL-78-2-C by William Gage, Trustee, requesting 66' variance from the Coastal Construction Setback line for S 1/2 of Lot XlII and N 1/2 of Lot S II, Block B, and all of Lot S IV, Block A, Connor's Vanderbilt Beach Estates Subdivision be autho- rized for advertising a public hearing for March 21, 197~and carried unanimously 5/0. PETITION V-78-4-C BY AMERICAN DESIGN AND DEVELOPMENT CORPORATION OF NAPLES, REQUESTING A FRONT YARD SETBACK VARIANCE OF 3.5' FOR LOT 65, RIVIERA GOLF ESTATES, A MOBILE HOME DEVELOPMENT SUBDI- VISION ON RATTLESNAKE HAMMOCK ROAD ABOUT 1/2 MILE NORTH OF US 41 - ADVERTISING AUTHOHIZED FOR MARCH 21, 1978 Commissioner Archer moved, seconded by Commissioner Wenzel, that Petition V-78-4-C by American Design and Development Corp- oration of Naples, requesting a front yard setback variance of 3.5' for Lot 65, Riviera Golf Estates, a mobile home development subdivision, be authorized for advertising for a public hearing March 21, 1978, and carried unanimously 5/0. REQUESTS FOR GUN PERMITS BY HARVEY FORD, HOMER McKELLAR, AND RICHARD C. PIERCE - DErERRED Chief Deputy Clerk/Fiscal Officer Harold Hall stated that all three requests for gun permits have met the requirements of the 493 bk 40 494 bk 40 February 21, 1978 Board's poliry. Commissioner Archer inquired as to the reason why the permits arc being requested by each individual. Mr. Hall stated that the request by Mr. Richard C. Pierce is that the permit is needed for "personal protection". Chairman Wimer comment- ed that the permits are not for carrying a concealed weapon. Mr. Pickworth agreed with Chairman Wimer on that point but stated there seems to be a ccnflict regarding the firearms statutes in that this would be all exemption by issuing the permits as there are two inter- pretations of this law; however, so far no one has ever been con- victed of carrying a concealed weapon if the person has the Board of County Commissioner's permit. Deputy Chief Raymond Barnett stated the applicants have been checked out regarding this matter and the permits have the Sheriff's Department approval. Commissioner Pistor commented that in the past year or so, gun permits that had been iBsued were because of the need of the person in regards to his place of employment. Mr. Pickworth suggested to the Board that he draft an ordinance regulating the issuance of gun permits by settlng standards which the indivi.dual would have to meet. Chairman Wimer stated he felt it is a good idea that such an ordinance be written up listing requirements for obtaining a gun pArmit. ~~r. Hall then stated the second applicant's reason for requesting the permit is that he is a guard at the Marco Beach Hotel and needs to carry a weapon in the course of his work. Commissioner Archer stated this applies to another set of regulations. Chairman Wimer stated that in the caGe of the security guard there are State requirements to be met. Commissioner Brown inquired if Deputy Chief Barnett had questioned these applicants to which he replied the only thing the Sheriff's Department does is find out if the applicant is a con- viced felon, and in the case of the security guard the store has the right to request he be armed and most businesses usually apply with the County for such a permit. Mr. Hall then commented that the third applicant's reason for applying for a permit is also for "personal protection". February 21, 1978 Commissioner pistor moved that the item be continued for a necessary period of time to further investigate the need for tho issuance of the permits and also to have the County Attorney draft an ordinance which will clearly define under what circumstances the Board will issue permits. Motion seconded by Commissioner Archer. Commissioner Brown stated he would not vote to deny the permits as the applicant have Rlready met the standard requirements of the Doard. Mr. Richard Pierce then came before the Board and stated that he owns apartments ill town and he is also in the real estate business and felt that he had answered all questions satisfactorily as required by the Gun Permit Policy. Commissioner Archer inquired of Mr. Pierce if he is required to carry large sums of money at any time or if his life has ever been threatened to which Mr. pierce replied "No", however, he feels that on occasion he needs to carry a gun for personal protection and that on those occasions he does not want to break the law by not having a permit. Chairman Wimer informed Mr. Pierce that the requirements for the permit were staff requirements and now the Board would like to investigate further the reasons these permits are being applied for to which Mr. Pierce replied he would be happy to supply any information the Board may require. Upon call for the question, the motion to continue this item (as stated above) passed 3/2, with Commissioner Wenzel and Brown dissenting. Deputy Chief Barnett suggested that if these permits are for concealed weapons, it be written on the permit specifying this. Chairman Wimer stated the staff will take this into consideration. . . . . * * * * * * * * * * RECESS from 10:00 A.H. until 10:10 A.M. at which time Deputy Clerk Pantano was relieved by Deputy Clerk Brenneman. * * * . * * * * * * * * * * 495 bk 40 496 bk 40 February 21, 197B RENEWAL OF CONTRACT WITH INTERNATIONAL SYSTEMS, INC. - APPROVED; CHAIRMAN AUTHORT7.F.D TO EXECUTE SAME Administrative Aide to the Board ~1ary Morgan explained that, following a presentation by a representative of International Systems, Inc., grants consultants, tho Board aSKed the staff to evaluate the performance of the firm over tho past year to deter- mine if it would be beneficial for the r.ounty to renew tho contract with them. She recalled that the County submitted approximately eight applications in Round I for LPW Grants, all of which were re- jected since they did not meet the criteria for acceptance, some of which were improperly prepared. After signinq the contract with IS!, she continued, they Were aSKed to work with the staff in preparing new or revised applications for Round II LPW Grants and upon the advice of the consultants, three applications were hand- delivered to EDA in Atlanta thereby beinq available to respond to questions and provide information. Subsequently, said Mrs. Morgan, the County was awarded approximately $640,000 in LPW Funds. Mrs. Morgan pointed out that County Attorney PiCKworth has reviewed the contract, noting that it is basically the same as that which was approved by the Board last year. Commissioner Pistor moved that the renewal of the contract with International Systema, Inc. be approved and that the Chairman be authorized to sign same. The motion was seconded by Commissioner Wenzel. Commissioner Brown inquired of Mr. Egan Hill, former Chairman of the Fiscal Advisory Council, if he would recommelld the renewal and he responded that if the staff feels that the County has really benefited from the service, he is in favor of it. Upon call for the question, the motion carried 4/1 with Com- missioner Archer voting in the negative. February 21, 1978 REQUEST FOR RELEASE OF LIEN AGAINST REAL PROPERTY OWNED BY ARTHUR JAMES - DELETED AT REQUEST OF COUNTY ATTORNEY Chairman wimer noted that the request for release of the lien against real property owned by Arthur James has been deleted at the request of the County Attorney, Adding that it is felt the matter can be handled administratively. INSTALLATION OF 2-METER RADIO ANTENNA AT TilE GOLDEN GATE COMMUNITY CENTER - APPROVED Utility Director Irving Berzon stated that it is being recom- mended by the Civil Defense Department that a 2-meter radio Antenna be installed at the Golden Gate Community Center to provide two-way radio communication with the Emergency Operations Center in the event of a hurricane. lie said that the total cost is $35.00 in supplies, all furnished from Civil Defense stock, adding that there will be no cost for the labor involved. Commissioner Wenzel moved, seconded by Commissioner Pistor and carried unanimously, that approval be given for the installation of a 2-meter radio antenna at the Golden Gate Community Center, as recommended by the Civil Defense Department. RESOLUTION R-78-28 AND MAINTENANCE AGREEMENT WITH DOT FOR TRAFFIC SIGNAL AT SR-29 AND LAKE TRAFFORD ROAD - RESOLUTION ADOPTED; CHAIR- MAN AUTHORIZED TO EXECUTE AGREEMENT Commissioner Wenzel moved, seconded by Commissioner Pistor and carried unanimously, that Resolution R-78-28 re Maintenance Agree- ment with Department of Transportation for Traffic signal at SR-29 and Lake Trafford Road be adopted, and that the Chairman be autho- rized to execute Agreement, as recommended by staff. * * * * * 503 bk 40 February 21, 1978 BID '295 FOR CONSTRUCTION OF FIRE STATION FOR ISLES OF CAPRI - AWARDED TO ISLES OF CAPRI CONSTRUCTION, NAPLES, FLORIDA IN THE AMOUNT OF ;43,220 N1::TI FORTIlr.OMING CHANGE ORDER, UP TO $2,000, RE PREPARATION OF FOUNDATION - APPROVED Legal notice having been published in the Naples Daily News on January 26 and 31, 197B, as evidenced by Affidavit of Publication filed with the Clerk, bids were received until February 15, 1978 for the construction of a fire station at Isles of Capri. Purchasing Director Frank Wilcox explained that in order to keep the pLice as low as possible, there were three deductible alternates in the bid proposal, as follows: Alternate '1 - Aophaltic Driveway in lieu of concrete; Alternate '2 - Eliminate interior painting; and, Alternate '3 - Delete air conditioning system He noted that Alternates Nos. 2 and 3 are acceptable I however, the Fire Committee feels that the concrete driveway is essential and is recommended for inclusion. Commissioner Wenzel moved, seconded by Commissioner Archer, that Bid '295 for construction of the fire station at Isles or Capri be a\iarded to Isles of Capri Construction, Naples, Florida in the amount of $43,220 net, excluding Alternates Nos. 2 and 3, as contained in the recommendation of the Bid Review Committee letter dated February 16, 1978, and that the Chairman and the Clerk be authorized to sign and attest the resulting Agreement. Utility Director Irving Derzon advised that because of some foundation problems aduitional soil investigations were carried out and it is recommended by the soil consultant that Game addi- tional structural improvements be incorporated into the present plan as well as some compaction of the soil which is estimated to cost approximately $1,000 and should be added to the cost of the project. Mr. Wilcox noted that the soil tests came in after the bids were received and, referring to the letter from the Bid Review 509 bk 40 510 bk 40 February 21, 1978 Committee, he has added that, becRusQ of recently receivod soil test, an additional amount of up to $2,000 may be required; how- every, he said that it is his understanding that the cost will probably be around $1,000. He said that this will be handled as a change order. Commissioner Wenzel amended his motion, and Commissioner Archer concurred in his seconding of the motion, adding that the forthcoming change order be npproved, up to $2,000, whereupon the motion carried by unanimous vote. RESOLUTION R-78-26 RE APPROVAL OF AGREEMENT FOR SAFER ROADS DEMON- STRATION PROGRAM WITH DOT - ADOPTED; CHAIRMAN AUTHORIZED TO EXECUTE AGREEMENT Utility Director Irving Berzon explained that, due to changes in the Secondary Road system and taxing structures, the law now requires that the DOT match all Federal Aid Funds regarding the Safer Roads Demonstration Program which the County previously agreed to do by resolution and agreement with DOT. The Board is being requested, said Mr. Berzon, to adopt the new resolution, and authorize the Chairman to execute the new Agreement. Commissioner Wenzel moved, seconded by Commissioner Pistor and carried unanimously, that Resolution R-78-26 approving the Agreement with DOT for the Safer Roads Demonstration Program be adopted, and that the Chairman be authorized to sign the Agreement with DOT re same. * * * * * * * * * 520 bk 40 February 21, 1978 DOARD ACCEPTS CORRECTIVE DRAINAGE EASEMENT RE PARCEL IN TRACT M, MARCO BEJ\CH UNIT 6, DELTONA CORPORATION; CHAIRMAN AUTHORIZED TO EXECUTE QUITCLAIM DEED RE SAME Utility Director Irving Derzon explained that on June 23, 1976 the County accepted a drainage easement from Deltona Corpora- tion for a parcel of land in Tract M, Marco Deach Unit 6, Marco Island; however, it has been determined that the drainago easement was not located in the proper fashion. What is being requested, said Mr. Borzon, is acceptance of the corrected drainage easement and that a Quitclaim Deed returning the easement described in the original document be provided the Deltona Corporation. Commissioner Wenzel moved, seconded by Commissioner Pistor and unanimously carried, that the Board accept the corrective Drainage Easement re parcel in Tract M, Marco Beach Unit 6, from the Deltona Corporation, and that the Chairman be authorized to execute a Quitclaim Deed re the original easement document. II II II II II * * * * * * * * * * , .~ 1 February 21, 1975 INST1\LL1\TION OF A FLASHING TRAFFIC SIGNAL BEACON AT THE INTER- SECTION OF GOODLETTE ROAD AND PINE RIDGE ROAD - APPROVED IN TilE /\MOUNT OF $:,375; WE~DELL LEIr.H ELECTRIC CO. APPROVED TO MAKE INSTALL1\TION PENDING CHECK OF EXISTING INVENTORY Utility Director Irving Berzon reported that the Department of Transportation has recommended the installation of a flashing red beacon light at the intersection of Goodlette Road and Pine Ridge Road. The light will supplement the existing three-way stop signs and make the signs more visible under obscure conditions, he said. Commissioner Archer moved, seconded by Commissioner Brown, that approval be given for the installation of the traffic signal bea- con, same to be installed by Wendell Leigh Electric Co. for the amount of $2,375. Commissioner Pistor inquired if the flashing light which was on hand at the County Barn some time ago could be used for the pur- pose under discussion with Mr. Berzon responding that it is his recollection that the light has been used in another location. It was the consensus of the Board that the inventories be checked prior to p~rchasing equipment. Mr. Mike Zcwalk, North Naples, Civic Association, stated that it is the opinion of his organization that the installation of the signal is the wrong approach to the problem since the present arrangement serves to equalize all of the traffic approaching the intersection whereas 90% of the traffic is east and west on Pine Ridge Road with only 10\ of the traffic coming off Goodlette Road. With all traffic being furced to stop, said Mr. Zewalk, traffic backs up and causes congestion. It was his suggestion that the existing stop signs be eliminated for traffic going east and west. Chairman Wimer commented that the matter has been studied for over a year, including studies by the DOT, and that the area dis- cussed is a problem intersection. He said that installing traffic signalization there would be complicated due to the existing rail- 527 bk 1\0 528 bk 40 February 21, 197B road tracks ~t the in~ersection. He added that the installation of the flashing signal is recognized as an interim solution for safety reasons due to the fact that there is also a school cross- ing there. It will provide a warning signal, said the Chairman, to alert people to the fact that there is a stop there and an inter- section - it is not a traffic control device. Upon call for the question, the motion carried by unanimous vote. PRELIMINARY ENGINEERING STUDY RE WILLOUGHBY ACRES SANITARY SEWER SYSTEM - APPROVED; AUTHORIZATION GIVEN FOR ENGINEERING STAFF TO PROCEED WITH JOINT WATER/SEWER PROJECT Utility Director Irving Berzon explained that the prelimi- nary engineering study on the Willoughby Acres Sanitary Sewer System being presented for Board approval was continued from January 24, 1978, at the request of the Chairman and some of the persons of the Willoughby Acres, in order to afford an opportunity to have a public meeting of the property owners. The meeting was held on February l6, 1978, he continued, and was attended by close to 90 persons, adding that the meeting was conducted by Mr. Thomas Peck, of Wilson-Miller-Barton-Soll & Peek, Inc., consulting engineers for tho project. There were many questions raised regarding costs, etc., said Mr. Berzon, and that when the meeting was over there was a straw ballot type of voice vote and unanimously approved that the people of the area want both water and sewer, being fully aware of the costs involved. Mr. Berzon noted that letters have been re- ceived from several property owners who attended the meeting, all of whom favor the proposed water and sewer installation, said letters being received from the following: Gordon W. and Martha S. Chase, John and Laura Seruchar, Carl N. Anderson, and David N. Anderson. Mr. Berzon noted that the Water Report was adopted several weeks ago by the Board and that the matter before the Board is acceptance of the Preliminary Sewer Report. The staff recommendation, February 21, 1978 he said, based on engineering considerations aD well as the wishos of the people, is that upon ad~,tion of the Sewer Report, that the Board instruct the staff to proceed with final plans for both water and sewer. Mr. Pook oxplained tho details of the project and referred to tho estimated cost sheet prepared under date of February 10, 1978 to point out the estimated costs a typical lot owner would be re- quired to pay for water only, sewer only, and both systems combined. Mr. Ellwood H. Witt, one of the developers of Willoughby Acres SUbdivision, stated that he has been in contact with some of the abRentee home-owners and representativQS of Willoughby Acres who were unanimously in agreement that if the residents of the sub- division wanted the water and sewer together, they would back them. He said that they are not satisfied, however, with the proposed timetable for the project, estimated to be ten to twelve months, his opinion being that it could be done much faster. He also said that it is requested that a payment plan of 25 years be per- mitted rather than a shorter time period. Mr. Witt stated it is the feeling of the people alrady in residence in that area, having paid taxes, that they should not have to pay an impact fee for con- nections. Chairman Wimer expressed his appreciation to Mr. Witt for organizing the aforementioned meeting to obtain the feeling of the owners. Commissioner Pistor expressed his approval that the affected people wish to approach the system as a combined project since it would cost considerably higher if the construction is done separately at two different times. Commissioner Wenzel moved, seconded by Commissioner Pistor and unanimously carried, that the Board approve the Preliminary 529 bk 40 530 bk 40 February 21, 197B Enginaering Report for the Sanildry Sewers at ,Willoughby Acres, and that the staff be authoriz.ed to proceed with final plans for both water and sewer simultaneously. Chairman Wimer directed the staff, in compliance with the Board's wishes and those of the property owners, that they pro- ceed with the project as quickly as possible. He also directed tho staff and the consultants to look into any possible grants which can be applied to the project. County Attorney Pickworth pointed out that, as required by statute, it will be necessary to prepare preliminary resolutions which will have to be acted upon, and, also, another advertised public hearing which could cause a slight delaY1 however, he said that the engineers can go ahead with the plans. . . . . . . . . . . . . . . . February 2l, 1978 REPORT AND DISCUSSION OF PROPOSED WATER RATES IN COUNTY SERVICE DISTRICTS; STAFF INSTRUCTED TO INVESTIGATE WAYS AND MEANS OF INTERIM F~NANCING, IF NECESSARY, AND REPORT BACK TO BOARD; FUR- TilER DISCUSSION TO DE SCHEDULED FOR WORKSHOP SESSION AT THE EARLIEST POSSIBLE DATE Utility Director Irving Berzon stated that there are a number of steps to be processed regarding the rate structure for the Area to be served with water by the County - Engineering, Legal and Fiscal steps. Regarding the Engineering phase, Mr. Berzon said that the design is completed, as well as the procurement, and that the per- mitting process has been initiated by the consulting engineers for the City; however, the permits have not been received as yet. lie said that the only thing that can hold up the installation at this time is the permitting plus the completion of the line on Thomasson Drive due to additional testing that must be carried out before it can be cut into service. Mr. Berzon said that until that line is cut into service it will delay the connection of a master meter to serve the East Naples area, noting that the City and the County ar~ aware of this problem which is going to delay the switchover on March 1, 1978. With regard to the legal aspects, Mr. Berzon said that the City Council did not adopt the bulk rate schedule until February 1, 1978, which was received by the County on February 2, 197B. Additionally, said Mr. Berzon, the impact fee connected with the water in that area was not provided until the second week in February, noting that there is no legal way to satisfy the adver- tising requirements to have an ordinance in position on March 1, 1978 for the takaover. He said this will not cause any problem financially because the agreement worked out for the bulk rating of the water is such that the County will be credited for the entire consumption in that area starting with October 1, 1977 through September 30, 1978. 531 bk 40 532 bk 40 February 2l, 1978 From all indicativns, said Mr. Berzon,.there is no reason to believe thnt the switchover cannot be effected by April I, 1978. There is some complication, he continued, in terms of the ordi- nance as to how it should be structured because of the question existing with regard to the District. He said that he and the County Attorney are resolving the matter so that the County is legally on a Bound basis so that there is no question with regard to the ~rdinance. lie said that there have been some questions raised by people in the North Naples area, in particular, as to the legality of the District and the need for them to pay fees. The County's position, said Mr. Berzon, is that the District will bo legalized, the Obligation is there, regardless of whether there is a legal District in position or not. There is the question of interim financing, continued Mr. Berzon, the deadlino being either April 15, 1978, or as late as June, 1978, after which the District, from all appearances, will be in default; however, the County could possibly be in default. The question exists, he said, as to who is really the debtor - in this caso the defunct District, or the County as a whole. A clari- fication of this point is being sought, said Mr. Berzon. He said more information will be brought to the Board as it develops. Commissioner Pistor moved that the staff be instructed to investigate ways and means, if necessary, of interim financing and provide the Board with a report at the earliest possible date. Commissioner Wenzel seconded the motion. Clerk William J. Reagan noted that a number of people have made inquiries and have gotten a substantial amount of information which needs to be assimilnted to determine what can be done legally so as not to jeopardize either the County's overall position, or the District's position as to the loan and grant from the FmHA. Commissioner Wenzel commented that there is some additional infor- mation awaited and that as soon as a recommended plan is ready, a February 21, 1978 report will be made. Mr. Reagan voiced the opinion that, to his knowledge, all the information was available and, if he had known the matter was being brought up for discussion, a report could have been made during the meeting rather than delay the matter for another week. It was the consensus of the Board and Mr. Reagan, that the subject be scheduled for a Workshop Session. Upon call for the question, the motion carried unanimously. Chairman Wimer noted that a Workshop Session would be scheduled at the earliest possible data for further discussions. Fiscal Officer Harold Hall pointed out that the Finance De- partment had prepared for the original start-up date of January 1, 1978 for water billing, and when a d~finite start-up date is determined, his office is prepared to start billing; however, a minimum of ten days will be needed for the parallel main- tenance of files operation. Mr~ .Berzon noted that the proposed ordinances will be reviewed during the afternoon, this date, following which a date for advertising can be established. He also pointed out that during the aforesaid Workshop Session, he will be providing the Board with the structure of rates, which arc the same rates being used by the City - the system connection charS3 being the only change. REPORT ON GRANT AND LOAN FOR GOODLAND WATER SYSTEM; CHAIRMAN AUTHORIZED TO EXECUTE NECESSARY FMHA DOCUMENTS Utility Director Irving Berzon stated that the Farmers Home Administration has advised by letter dated February 10, 1978 that a loan and grant for the Goodland Water District have been commited to the County - FmHA loan in the amount of $468,500, and FmHA Development Grant in the amount of $390,500. Further, said Mr. Berzon, George W. Sochran, County Supervisor, Farmers Home Adminis- tration, has forwarded by letter dated February l5, 197B, a list of items which must be completed and returned to his office by March I, 1978. 533 bk 40 534 bk 40 Februry 21, 1978 Commissioner Archer. moved, seconded by Commissioner Pistor and carried unanimously, that the Chairman be authorized to sign the necessary FmHA forms, as outlined, same to be returned to local FmllA office, and to State regulatory agencies for approval by March l, 1978. ORDINANCE NO. 78-6 AMENDING ORDINANCE 76-49 TO SUSPEND FEES FOR PARKING IN CERTAIN RESTRICTED AREAS MARCH 6, 1978 - DECLARED EMERGENCY AND ADOPTED Administrative Aide to the Board Mary Morgan advised that in- quiries have been received regarding whether or not Ordinance 76-49 will be enforced during the Tony Lema Memorial Golf Tournament to be held March 6, 1978 at Marco Island, said Ordinance concerning parking in swale areas in certain locations. She said that the staff advises that the aforesaid Ordinance does not have a pro- vision to waive the issuance of the $5.00 temporary permit for parking in swales. She said that a number of Marco Island residents have received such permits in the past and have indicated that they might not look too favorably on the Sheriff's Department not enforcing the Ordinance. Mrs. Morgan noted that the Sheriff's Department is requesting guidance in the matter. The only possible solution arrived at by staff was a proposed ordinance, to be adoptdd on an emergency basis, which would suspend the provisions of Ordinance 76-49 for one day between the hours of 7:00 A.M. and 7:00 P.M. Commissioner Wenzel moved, seconded by Commissioner Pistor, that an emergency be declared for consideration of an ordinance. Commissioner Pistor pointed out that the Tony Lema Tournament is a charitable event and very beneficial to many people who use certain organizations in the County. Mrs. Morgan commented that a number of letters have been received from recipients of contribu- tions from the event. Upon call for the question, the motion carried unanimously 5/0. February 2l, 1978 Commissioner Wenzel moved, seconded by Commissioner Pistor, th~t Emerge.lcy Ordinance No. 78-6 suspending tho parking require- ments of Ordinance 76-49 for one day, March 6, 1978, be adopted and entered in Ordinanco Book No.8. Utility Director Irving Berzon advised that letters have been received from Directors of the YMCA of Collier County, Marco Island lJrllnch, Doystown of Floridll, and from Ms. JAne Jlittler, Pa.t pres!- dent, Marco Youth Center, all in support of emergency action by the Board to permit parking in swales on streets adjacent to the Marco Island Country Club for one day. Upon call for the question, the motion carried unanimously 5/0. Chairman Wimer directed the staff to review Ordinance 76-49 due to circumstances which do arise throughout the County. ORDINANCE NO. 78~ AN EMERGENCY ORDINANCE OF TilE. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PROVIDING FOR THE SUSPENSION ON MARCil 6, 19"/8, OF FEES CHARGED FOR PERMITS REQUIRED BY ORDINANCE 76-49 FOR PARKING IN CERTAIN RESTRICTrO AREAS. CRITERIA TO BE USED IN SCREENING PROCESS .~ APPLICATIONS FOR POSI- TION OF COUNTY MANAGER - APPROVED County Attorney Pickworth explained that several weeks ago the Board directed the staff to formulate recommendations to assist in the selection of a County Manager, noting that 123 applications for the position have been received. Because of this large number of applications, Mr. Pickworth stated that it was the consensus of the staff that the most immediate, initial way to assist the Board in the selection process is to draft and present for the Board cer- tain criteria which could be adopted as a policy by the Board which the Board, or the staff, could apply to the resumes as submitted and make an initial determination, eliminating those not meeting the criteria. 535 bk 40 536 bk 40 February 21, 197B Mr. Pickworth referred to the prepared outline of criteria prer.cnted for Board approval n~ting that it is non-subjective criteria but rather a policy for applying quantifiable standards. lie pointed out that such an approach has certain dangers in that within the group eliminated as not meeting the criteria there could be some very good people. lie said to overcomo this danger would be to consider all of tho rosumes which the staff, members of the Board, or a combination of the two could do in public hearing, as an option. Mr. Pickworth went over tho proposed policy briefly, out- lining the qualifications needed to meet the criteria for further consideration such as experience, and the like. Commissioner Wcnzel moved for approval of the criteria and/or pOlicy outlined by Mr. Pickworth to be employed as a screening pro- cess to be applied to the rcsumcs received for the position of County Manager and that the staff reduce the list to 25 names or less for submittal to the Board who will, in turn, reduce it from there. Mr. Pickworth commented that to follow Commissioner Wenzel's suggestion, it will probably be necessary for the staff to engage in subjective determinations which he said, although it would be .time consuming, could be done by the staff as an ad hoc committee. He said that it may be possible to develop some additional criteria, when looking over the resumes of those remaining after eliminating the sixty or more who do not meet the criteria, which could be applied and, thereby, make further reductions. Commissioner Archer inquired about the absence of educational requirements in the proposed policy with Mr. Pickworth responding that the thought which was kept in mind when developing the criteria was that the applicant have a background basically comparable to the problcms which he or she, will be facing in Collier County; however, the educational level will be considered when ranking the applicants following the initial "cut". . February 21, 1978 Chairman Wimer restated the motion on the floor as made by Commissioner Wenzel to adopt the guidelines with the stipulation that the remaining applicants be rated. The motion was seconded by Commissioner Pistor and unanimously carried. Mr. Pickworth advised that a further motion is needed to direct the staff to take the criteria adopted, apply it to the resumes submitted, and eliminate from further consideration all those who do"not meet these requirements. Commissioner Pistor so moved, seconded by Commissioner Wenzel. Commissioner Archer asked that included in the motion is the stipulation that, as applicants are eliminated, that they be notified to this effect. This was agreeable to the maker and seconder of the motion, following which the motion carried by unanimous vote. Clerk William Reagan expressed the desire that the timetable be so arranged whereby the new County Manager could be here around April 15, or May 1, 197B, since his staff would appreciate having him actively involved in the budget for the coming fisCQl year. Chairman Wimer asked that the staff move forward in this regard as rapidly as possible, adding that the hiring of a new County Manager will probably be one of the most important decisions the Board will be making. Commissioner Archer inquired if the Board will be offering re- location and/or travel expenses for the individuals to be interviewed. Fiscal Officer Harold Hall suggested that this matter could be re- solved when the list of individuals to be considered is brought back to the Board, pointing out that it should be decided prior to their notification. 537 bk 40 536 bk 40 February 2l, 1978 COUNTY ATTORNEY COMMENTS ON RECENT PERC ELECTION, BOARD AUTHO- RIZES ONE HOUR OF PAY FOR THOSE PERSONS WHO VOTED IN THE ELECTION WHO WERE NOT SCHEDULED '1'0 WORK County Attorney Pickworth commented on the recent PERC election which was held February 17, 197B wherein the employees, by approxi- mately 2/1 vote, rejected the organization of the employees into a union. lie said that, referring to statement made fOllowing the election, although the law states another election cannot be held within 11 year, organizational activities will begin immediately, in his opinion. lie said that staff will be coming back to the Board withIn the next few weeks with suggestions on what can be done, adding that 11 lot has been learned about the County's employees, what they are thinking about, what bothers them, and the like. He said that there is no big problem involved in rectifying these small matters which can be done with no adverse financial or other impact to the County. Returning to the matter of the election, Mr. Pickworth stated that the Board authorized employees to take time during their working hours to vote and that some employees, not voting during working hours, did come in and vote and requested that the Board authorize those persons not scheduled to work to be compensated for one hour of pay. Commissioner Pistor moved, seconded by Commissioner ArCher, that those persons not scheduled or available for work during the election time be compensated for one hour of time that they partici- pated in the .election. The motion carried unanimously. BOARD COMMENDS PERSONNEL DIRECTOR ANNE BORA FOR ADMINISTERING THE PERC ELECTION: APPROPRIATE LETTER TO BE PREPARED FOR CHAIRMAN'S SIGNATURE Utility Director Irving Ber~on stated that, in his opinion, the Personnel Director, Mrs. Anne Hora, did an outstanding job of carrying out the administrative requirements of the election and should be commended. Further, said Mr. Berzon, the people who worked with her share that feeling and, regardless of what the February 21, 1978 outcome of the election might have been, her efforts were outstand- i~g. Commissioner Pistor moved, seconded by Commissioner Archer and unanimously carried, that the Chairman be authorized to forward a letter of commendation to Mrs. Hora, with ,a ~opy to be placed in her personnel file. MR. FRED LACKEY APPOINTED SECOND ALTERNATE MEMBER OF CAPC; CAPC AND BOARD TO MEET IN WORKSIIOP SESSION RE SIMPLIFICATION OF REVIEW PROCESS Commissioner Wenzel moved that Mr. Fred Lackey be appointed Second Alternate member of the Coastal Area Planning Commission. Following brief discussion, the Commissioner restated his motion which was seconded by Commissioner Brown. CommiRsioner Pis tor stated that he has been advised by the Chairman of the CAPC that they would like to hold a Workshop Session with the Board on the matter, and the work they are doing regarding combining some of the advisory boards, to obtain input from the Board as to further simplification of review processes. Chairman Wimer observedl that, in his opinion, appointing a Second Alternate would not affect the request by the CAPC, adding that Mr. Lackey's experience as a mayor would be a big asset. Upon call for the question, the motion carried 4/1 with Com- missioner Archer voting in opposition. BOARD APPROVES LEAA GRANT APPLICATION FOR CRIMINAL JUSTICE INFOR- MATION SYSTEM STEP 4, AND REVISIONS TO LEAA GRANT APPLICATIONS FOR STEPS 1, 2, AND 3 Fiscal Officer Harold Hall advised that the application for LEAA Grant re Criminal Justice Information System, Step 4, is ready for Board approval, in the amount of $24,213, local match of $1,275. Mr. Hall also noted that this grant, together with the other three grants to be revised, was approved through Region 9 Advisory Com- mittee and that everything has been brought before the Board previ- 539 bk 40 540 bk 40 February 21, 1978 ously for ap~roval. 1:0 said there will be no budget changes 1 however, there are revisions within each of the grants as reviewed and suggested by the Bureau of Criminal Justice Planning and Ass is- tance in Tallahassee. (NOTE: Commissioner Archer temorari1y left the meeting at 11:25 A.M.) Commissioner Pistor moved, seconded by Commissioner Wenzel and carried 4/0 with Commissioner Archer absent, that the Board approve LEAA Grant Application for Criminal Justice Information System Step 4, and the revisions to LEAA Grant Applications for Steps 1, 2 and 3. * * * * * * * * * * * * * * * * " "." ..-, . . February 21, 1978 ROUTINE DILLS - AUTHORIZED FOR PAYMENT Following Fiscal Officex Harold Hall's statement that the bills being presented have been processed following established procedures and that funds are available, Commissioner Wenzel moved, 6ccondcd by Commissioner Pistor and carried 4/0 with Commissioner Archer absent, that the bills be approved for pay- m~nt as witnessed by the following warrants issued from February 15, 1978 through February 21, 1978: FUND WARRANT NOS. General Fund (Manual) 16 - 17 Road , Bridge 15 - 16 Interest , Sinking 7 Golden Gate I , S 6 Collier County Fire Dist. 8 ASR~ssment & Utility Clearing 3 - 6 Special MSTD's 7 Collier County Lighting 6 Marco Water , Sewer 7 Improvement Revenue Cert. 5 Improvement Trust 9 Golden Gate Fire 6 Ochopee Fire Dist. 7 Water Management 11 Municipal Service Taxing District 9 Grants & Gifts (LPW) 1 County Warrants (General Fund) 2933 - 3118 BCC Payroll 39386 - 39773 BUDGET AMENDMENT 78-47 TO PROVIDE FUNDS FOR THE PURCHASE OF ONE RECORDAK IMAGE CONTROL KEYBOARD AND RECORDAK MICROSTAR READER FOR EMERGENCY COMMUNICATIONS - ADOPTED IN THE AMOUNT OF $9,402.30 Fiscal Officer Harold Hall noted that procurement of one Racordak Image Control Keyboard and Recordak Microstar Reader for Emergency Communications was approved by the Board in the previous week's session and that the budget amendment being presented to the Doard to appropriate funds has been approved by the Sheriff. He explained that funds are available in unused funds within the salaries area, with the remainder to be funded from the Contingency 549 bk 40 JoJ V....,.. ." February 21, 197B Account. Mr. Hall noted that it was reported in the newspaper that this e~uipment ~as enroutc when the Board approved payment; however., this was a demonstrator modal which was going to be used, if necessary, with no financial obligation whatsoever on the part of the Board. Deputy Chief Raymond Barnett stated that the demonstrator was to have been received Tuesday to show to the Board since it is easier to demonstrate the equipment than to explain it and would have been used as a selling point. Commissioner Wenzel moved, seconded by Commissioner Pistor and carried 4/0 with Commissionet Archer absent, that Budget Amendment 78-47 to provide funds for the purchase of the equipment, as out- lined above, be adopted. DOARD OF COU,'HY CO;\~\1l 5S IONEnS COLLI EH COUNTY,. FLOHI D^ REQUEST fOR ~ B U 0 GET ^J.\ F. N D /.\ E /~ T . 911/ Narr.a of Hoquestlnn Oopt.E21ERGENC'f ex: -=-- OESCtll PTI 0:-1 At\D JUSTI F ICAT ION Or- N.!a:O~.lEIH REQUESTED (Preparo In trl p flcato. One cor be rotulnod by 1ho roquestlng Dop!lrtmant. forward original nnd ono copy to flscld Offl Use contInuation shoots and attach supportIng documents, If needed) To provide funds for the purchase of one Rccordak Image Control Keyboard and Recordak Microstar Reader for Emergency Communications - to be funded partially from unused salaries in the Emergency Communications area and partially from the Contingency Fund. PREPARED OY DEPART/.!ENT A??RO"AL Bruce Lambrose DATE 2/15/78 DATE (THI S SECTION TO DE COMPLETED BY FIN,A,NCEl ACCOUNT TO: (Increase) Equipment '0.1-3997-00-4020 AIJ.OUNT $ 9,402.30 $ 4,584,00 688,30 4,130.00 $ 9,402.30 FROM: (Source of Salaries Matching Cost Contingencies Funds) 01-3997-00-1020 01-3997-00-1050 01-2101-00-7010 RECO~~'S HE~~~'..~. ,'. ' ,~d '\ II wridq. TypIaI....,,:~.. .....,actor'1 Ia aWl;.......' ..._ .-1_' """... PPnOV^L - . J GOARO Of COU:HY ro::~\l.'_SS.1 O:':EI1S AP?i{OV,\L ;1[iiJ[x~END:'1 _'JJ-oA-rE'- - "~') ~I~~ 2/21/78 -w--'. 'l I _______J,~O: ~8~ ~cr. ofter receipt of tho I vael origln!)1 fro;11 tho Courf , . J",1f\.::r, ~; I ~ f , February 21, 197B BUDGET ANENDMENT 78-48 TO TR1\.NSFER FUNDS FROM R01\D AND BRIDGE MISCELL1\NEOUS EQUIPHENT 1\CCOUNT TO EQUIPMENT 1\CCOUNT AND OFFICE SUPPLIES 1\CCOUNT - ADOPTED IN TilE AMOUNT OF $5,000 Commissioner Wenzel moved, seconded by Commissioner Pistor and carried 4/0 with Commissioner Archer absent, that Budgot Amendment 78-48 to transfer funds from Miscellaneous Equipment Account to Equipment 1\ccount and Office Supplies Account re Road nnd Bridge Department, be adopted in the amount of $5,000. COlL'1 E~vC~UNTY:: .Fl.~~; 0;';'-1\'> ". n u O"C - r: '1 ~ ^ 't'l F. NOH ~ H T . NDtr.9 ot Roquestlng lJopt. .~& BR:Q? DESCRIPTION AND JUSTIFICATION OF N-lEf.IO:.IWT REQUESTED (Propnro In trlpllclJto. Ono cop be rotalnod toy tho roquestlng DOpllrtmgnt. f'on-/ard orlgln81 end ono copy 10 FIscal Offl Use continuatIon sheets nnd nttnch supporting documgnts, If nceded) To transfer funds from Mis. Equipment Account to Equipment Account and Office Supplies Accou~t. Regarding the previously approved transfer of funds for Secondary Road maintenance, an amount of $5,000 was requested for miscellaneous items. To confirm the above items, the following list is provided to indicate b0th the propesed expenditures and the applicable account numbers: 1 Typewriter I. D. P. Desks 4 Executive Chairs 4 File Cabinets 2 Secretarial Desks 2 Secretarial Chairs 1 Desk Calculator I Paint Machine Office Supplies $ 775 725 375 575 500 125 125 1,500 300 $5,000 DEPAfmlENT APPROVAL Per Memo from C.Barksd.!\le DATE 2/17/78 CO~'1~Yd7^NAGER APProVAL j( Al?- . DA TE -:z-) ') ~r<~:-'AHW DY C. Barksdale D^T~-17-78 (Tt-! IS SECT/ ON TO DE COMPI.ETED DY F J NANCE> ACCOUNT TO: (Increase) Office Supplies - Road &Bridge Equipment NI'ouNT 002-4l02~00~2050 002-4102-00-4020 $ 300 4,700 $5,000 FROM: (Source of Funds) Miscell~neous Equipment 002-4102-00-2040 $ 5,000 -. \ RECORDER'S MEMOI Le1iWlJtr ., wrfdq. Typla,~..);'~al -*'1d.or1 Ia diJi";........., ,,_~I- ",';'..' 551 bk 40 \~ "~-.,....-.. I F r::~"'!fEAPPHOV^I.- . -loONlD or coU:~TY CO:.:'\!IS~SI:~":':';!O'!AI. ~rIUOGET /J.;wO:.1! / ~/<JiJ) OATE.2--.'; 7- ~)ATE 2/21/78-1' -___J NO. 78-48 Yh:. Fir.car O/flcor, Dftor receIpt or tho lJpp.ovod origlnnl fro.":I .th3 County ":",n.:>g.:lr, ..;I 01...,' I In. tl1l-; r('nll"'~.'~ for Ib.,rrl ,'('\'INI /'1:"" ili';lro'/i1I. rot r~':rlr.,: [1:,>,,,'rl <,~tl(ln. '11,,- Fl';r:, 552 bk 10 February 2l, 1978 BUDGET AMEND~ENT 78-4~ TO TRANSFER FUNDS FROM LIBRARY EQUIPMENT AUDIO VISUAL ACCOUNT TO OTHER BQUIPMENT ACCOUNT - ADOPTED IN TilE AMOUNT OF $200 Commissioner Wenzel moved, seconded by Commissioner pistor and carried 4/0 with Commissioner Archer absent, that Budget Amend- ment 78-49 to transfer funds from Library "Equipment Audio Visual" Account to "Othcr Equipmcnt" Account be adopted in the amount of $200. ... ........... ........ IW.... . ....,'-. "'" COll.J ER COUNTY" n.OI~1 DA ^ J.l F. tl r> /~ r: /~ T Nllmo of 1{'ii'Cjli'O":otlng O(tf>'~. LIBRARY -.. --- DESCRIPTION AND JUSTIFICATION OF N.la:D,I,IEtn nC:QUESTEO (Preparo In trlpllcato. One CO" be retaIned by 1ho requestIng OOpllrtmllnt. Forward original LInd ono CO?y to FI~clll Offl Use contInuation sheets l1nd ettllch supportIng documents, If nG!ldod) . n U DeE T " . To transfer funds from "t:quipment Audio Visual" Account to "Other Equipment" Account to purchase the following items: $ 120.80 79.20 ~ 200.00 I ~~'~~"i';. u~ace 2/16/7 v~-;~\I'~'~~ip;~~~'JI;~bstitution DATE DATE Printing Ca1~ulator Misc. Equipment "'UUI~ I I !.....'~I\\.>l:K 1\I't"'.<uV AL ff/J DATF. (THIS SECTION TO DE CO~PLETED or FINANCE) ACCOUNT AMOUNT TO: (Increase) Other Equipme~t- Library Headquarters 001-6212-01-4022 UQQ. FROM: (Source of Funds) . Equipment-Audio Visual (Illuminated Magnifier) 001-6212-01-4023 $ 200 ,Ii fi'(;- r-: PFJ~L - OOARO OF cou:-lTr CO~.~\11 SS lo;.:ms Ar;;';tOVAL ~OU[>GETI\.i:iENo::iE If{ DAn:;, - .7J DATE 2/21/78 .." . ___,_1 NO. 78-49 h 'I!:cal OffIcer, ofter receIpt of tho epproved original fro:n 1ho County r.:.lnilgcr. tti f fnol 1%0 this rcqllost for Ootlrd 00\.'le'.1 and ni"pro'llJl. rollo'dlng 1lo4lrd CIC':tlon, 1h., FI~cl1 ?t f Icl!r~t1.r I prOCC!iS t.p;Jr"vc~ Ilud~;,t kr.E!nd~"n"l"r. 1hrc'L:gh h:coun11 ng lln:l !'ocnd {J copy ref ,nnl f.'lotus '/0 '/ho requesting Dap1tr1r.1"n"t. Cojl~' to Purch(l..::,in:J on c:npltill C!qulprnont. ..J February 21, 1978 RESOLUTION R-78-27 RE $250,000 NOTE (HALONEY) - ADOPTED, CHAIR- MAN AUTHORIZED TO EXECUTE NOTE, FOLLOWING REVIEW OF RESOLUTION BY COUNTY ATTORNEY Commissioner Wenzel moved, seconded by Commissioner Pistor and carried 4/0 with Commissioner Archer absent, that Resolution R-78-27 regarding the Maloney Note for $250,000 loan be adopted, and that the ,Chairman be authorized to execute the Note, following review of the Resolution by the County Attorney. * * * * * . * * * * * * * * * * * * * 553 bk 40 ) February 21, 1978 AUDIT REPORT NO. 9186 - FORMER COLLIER COUNTY SIIERIFFI NO. 9187 _ COwLIER COUNTY SHERIFF; AND NO. 9l8B - COLLIER COUNTY PROPERTY APPRAISER - ACCEPTED FOR TIlE ~ECORD Commissioner Wenzel moved, seconded by Commissioner Pistor and carried 4/0 with Commissioner Archer absent, that the follow- ing Audit Reports be accepted and filed for the record, as pre- sented by Clerk William J. Reagan: Governmental Unit Audit Report No. Period Former County Sheriff Collier County Sheriff 9186 9187 9188 5/l/74 - ll/l2/75 11/13/75 - 7/31/77 lO/l/76 - 9/30/77 Property Appraiser It was noted by Mr. Reagan that all of the above audits are favorable and appear in fine order. (NOTE: Commissioner Archer returned to the meeting at 11:30 A.M.) BOARD AUTHORIZES INCREASE IN FIDELITY BOND FROM $500 TO $2,000 RE SUPERVISOR OF ELECTIONS Clerk William J. Reagan noted that all of the bonds of the elected ~ffici~ls have been reviewed and that the only discrepancy found was for the Supervisor of Elections Edna Santa which he would recommend be increased from the present $500 to $2,000. ~lr. Reagan said that she has taken on the Elections Division which the Clerk's Office formerly handled once every four years. Commissioner Wenzel moved, seconded by Commissioner Pistor and carried unanimously, that the Fidelity Bond for the Supervisor of Elections be increased from $500 to $2,000, as recommended by Clerk William J. Reagan. CHAIRMAN AUTHORIZED TO SIGN LETTER TO COLLIER COUNTY BAR ASSOCIATION RE INABILITY TO PROVIDE FOR ADDITIONAL SPACE IN THE COUNTY LAW LIBRARY Commissioner Wenzel moved, seconded by Commissioner Pistor and carried unanimouSly, that the Chairman be authorized to sign a 557 bk 40 558 bk 40 February 21, 1978 reply to the Collier County Oar ARsociation regarding the County's ., inability to provide for additional space in the County Law Library, as requosted by Fred L. Gillette, Jr., President, Collier County Oar Association, in his letter to the Board dated February 13, 1978. RESIGNATION OF KEN WOOD PROH PARKS & RECREATION ADVISORY BOARD _ ACCF.PTED; APPROPRIATE LETTER OF APPRECIATION AUTHORIZED FOR CHAIR- MAN'S SIGNATURE; RESUMES TO BE RECEIVED FOR NOMINATIONS TO SAID BOARD Commissioner Archer moved, seconded by Commissioner Wenzel, that the Board accept the resignation of newly-elected City Councilman Ken Wood from tho Parks & Recreation Advisory Board and that an appropriate letter of appreciation be prepared for the Chairman's signature. Administrative Aide to the, Board Mary Morgan pointed out that resumes should be solicited from Commission District 4 to fill the vacancy. Upon call for the question the motion carried by unanimous vote. RESIGNATION OF WAYNE MARTIN FROH EMERGENCY MEDICAL SERVICES COUNCIL ACCEPTED; APPROPRIATE LETTER OF APPRECIATION AUTHORIZED FOR CHAIR- MAN'S SIGNATURE; RESUMES TO BE RECEIVED FOR NOMINATIONS TO SAID BOARD Commissioner Wenzel moved, seconded by Commissioner Pistor and carried by unanimous vote, that the resignation of Wayne Martin from the Emergency ~Iedical Services Council be accepted, and that aa appropriate letter of appreciation be authorized for Chairman's signature. Administrative Aide to the Board Mary Morgan noted that resumes should be solicited from qualified emergency rescue technicians to fill the vacancy. February 2l, 1978 MR. KARL CORLEY APPOINTED TO THE COLLIER COUNTY PLANNING AGENCY TO FILL VACANCY OF r.OUNCILMAN WADE SCHROEDER Commissioner Pistor moved, seconded by Commissioner Wenzel and carried by unanimous vote, that Karl Corley be appointed to the Collier County Planning Agency to fill the vacancy created by the resignation of City Councilman Wade Schroeder, as recommended by the Chairman of the Coastal Area Planning Commission in his letter to the Board dated February 17, 197B. PSC NOTICE OF FILING OF JOINT APPLICATION RE TRANSFER OF CERTIFI- CATE 1129 FROM CAXAMBAS TRANSPORTATION SERVICE, INC. TO EVERGLADES TRANSPORTATION SERVICE, INC. - READ FOR PUBLIC INFORMATION Administrative Aide to the Board Mary Morgan read, as a matter of public interest, the Public Service Commission Notice of Filing of Joint Application for transfer of Certificate No. ll29 from Caxambas Transportation Service, Inc. to Everglades Transportation Service, Inc. She noted that this is being brought to the attention of the public since it concerns Collier County and, also, in the event there are persons who might wish to protest. ANNOUNCEMENT MADE OF PUBLIC HEARINGS RE SOUTH FLORIDA WATER /1ANAGE- MENT BY U.S. CORPS OF ENGINEERS TO DE HELD MARCH 1 AND MARCH 2, 1978 Administrative Aide to the Board Mary Morgan read, as a matter of public interest, announcements of public meetings regarding South Florida Water Management to be held by the U. S. Corps of Engineers on March 1, 1978 at Tequesta, Florida, and March 2, 1978 at West Palm Beach, Florida. MISCELLANEOUS CORRESPONDENCE - FILED AND/OR REFERRED There being no objection, the Chair directed that the follow- ing correspondence be filed and/or referred to the various depart- ments as indicated below: 1. Notice of Claims Bar Order and Claims Deadline, Notice of Omnibus Order and Plan Suggestion Deadline, Notice of Filing Section 167 Report, and Summarization of Section 167 Report, in the matter of the bankruptcy proceedings re GAC - Received and filed for the record. ~~9 hk 40 ..J February 21, 1978 U.S. ARMY MARKSMANSHIP TEAMS TO CONDUCT CLINICS IN COLLIER COUNTY DURING CURRENT WEEK Commissioner Archer noted that U.S. Army Marksmanship Teams will be in Collier County during the current week to conduct clinics and to participate in marksmanship matches. He said there will be members of tho Olympic teams from Canada and the United States com- peting in matches Friday, Saturday and Sunday. UTILITY EASEMENT FOR IMMOKALEE SEWER PROJECT RE HUGH STRICKLAND AND VERNELL STRICKLAND - 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 relating to the Immokalee Sewer Project, Utility Director Irving Berzon submitted Utility Easement Document which has been recorded in the official records from Hugh Strickland and Vernell Strickland. * * * * * * * * * * * * * * * 561 bk 40 564 bk 40 February 2l, 197B There baing no further business for the good of the County, the meeting was adjourned by order of tho Chair - Time: 11: 40 A.M. BOARD OF COUNTY COMMISSIONERS/EX OFFICIO GOVERNING BOARD OF SPECIAL DISTRICTS UNDER ITS CONTROL Q. q~ Vice Chairman WIMER, CHAIRMAN ATTEST: WILLIAM J. REAGAN, CLERK ~ C. J : "" "" : - - ... ,1" ", ", ~I < r- .... .., .'. ~",,\"S. ' . .