BCC Minutes 03/21/1978 R
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Naples, Florida, March 21, 1978
LET IT DE REMEMBERED, that the Board of County Commissioners
in and for the County of Collier, and also acting as the Govern-
ing Board's) of such special districts as have been created accord-
ing 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. "RuSll" Wimer
VICE-CHAIRMAN: John A. pistor
Thomas P. Archer
David C. Brown
Clifford Wenul
ALSO PRESENT: William J. Reagan, Clerk; Harold L. Hall, Chief
Deputy Clerk/Fiscal Officer; Jean Swindle and Edna Brenneman (11:20
A.M.), Deputy Clerks; Donald A. PiCkworth, County Attorney; Irving
Berzon, Utility Director; Clifford Barksdale, Assistant County
Engineer; Dr. Neno Spagna, Director of Community Development; Carl
Clemmer, Zoning Director; Ms. Mary Morgan, Adm~nistrative Aide to
the Board; and Deputy Chief Raymond Barnett, Sheriff's Department.
AGENDA
I. INVOCATION
II. PLEDGE OF ALLEGIANCE
III. APPROVAL OF AGENDA
IV. APPROVAL OF MINUTES: March 7, 1978
V. ADVERTISED PIJBLIC HEARINGS
A. Petition R-77-27-C by Vanderbilt West Corporation Pg
rcquestiT'g rezoning from "GRe" General Retail 13-
Commercial to IR~I-2" Residential Hulti-Family f.or
property located just east of the entrance to Vander-
bilt Towers near the Yacht Basin (Pickworth).
B. Petition V-78-3-C by William A. Smith requesting a Pg
variance in the 18,000 sq. ft. lot requirement to 18-
operate a self-service gas station in conjunction
with a convenience store on Lot 537. Isles of Capri
(Pickworth).
Petition CCSL-78-2-C by William Gage, Trustee. Pg
requosting 66' variance from the Coastal Construction 21-
Setbnck Line for the S 1/2 of Lot XIII and the N 1/2
of Lot SII, Block B and all of Lot SIV, Block A,
Connor's Vanderbilt Bench Estates Subdivision (Pickworth).
C.
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March 21, 1978
AGEND^ - APPP~VED WITH ^DDITIONS/DELETIONS
Commissioner Archer moved, seconded by Commissioner Pis tor
and carried unanimously, to approve the agenda with the follow-
in9 additions and deletions, including a request by Chief Deputy
Clerk Harold Hall regarding the contract for the Xerox machine
on the 2nd Floor and Commissioner Wenzel's request for the recon-
sideration- of the Doard's action regarding the recent appointment
of Mr. Claude E. Miller to the Golden Gate Fire Advisory Board.
ADDITIONS A~D DELETIONS
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Ha rei, 21. 197 B
ADDITIONS
VI. OLD BUSINESS
A. Request for authorization for Chairman to execute
grant application for ambulancos (Hall).
AN XII. PUBLIC PETITIONS
A. Hrs. Betty Ha\.,.thorne regarding Port-au-Prince
DELETIONS
VI I I. COLLIER COUNTY h'ATER!SE1'iER UTILITY DIVISION
A. Division Director's Report
1. Well Permits -- Diamond Shamrock
MINUTES OF MARCH 7, 1978 - APPROVED
Commissioner Pistor moved, seconded by Commissioner Wenzel
and carried unanimously, to approve the minutas of March 7, 1978
as presented.
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March 21, 1978
ORDINANCE NO. 78-7 RE PETITION R-77-27-C BY VANDERBILT WEST
CORPORATION PBZONING FROM "GRC" GENERAL RETAIL COMMERCIAL TO
"RH-2" RESIDENTIAL MULTI-F1\MILY FOR THAT PROPERTY LOCATED JUST
EAST OF THE ENTRANCE TO VANDERBILT TOWERS NEAR THE YACHT BASIN _
ADOPTED
Legal notice having been published in the Naples Daily News
on February 14, 1978 as evidenced by Affidavit of Publication
filed with the Clerk, public hearing was opened to consider
Petition R-77-27-C by Vanderbilt '~est Corporation requesting re-
zoning from "GRC" General Retail Commercial to "RM-2" Res'idential
Multi-Family for property located just east of the entrance to
Vanderbilt Towers near the Yacht Basin. Dr. Neno Spagna, Director
of Community Development, stated that the request for rezoning of
this portion of land that lies north of Bluebill Avenue and immedi-
ately east of the Vanderbilt Towers is to use the area for recrea-
tional facilities in conjunction with the existing Towers and/or
any future Towers that may be constructed. Dr. Spagna said the
petition had been reviewed by the CAPC and the staff and has been
recommended for approval. He continued, that the Vanderbilt Beach
Property Owners Association has been notified by letter of this
proposed rezoning and there have been no objections forthcoming.
Ms. Geeke Losaing, of Tri-County Engineering and representing
the petitioners, informed the Board that there are presently three
existing Towers on the site and the plans call for five more Towers
with heights ranging from 8 stories for the existing Towers to 13
stories for future planned Towers. The area being petitioned for
rezoning will be used to construct 10 tennis courts which will
accommodate all residents in the entire project, shc said.
There being no other persons registered to speak, Commissioner
Wenzel moved, seconded by Commi~sioner Pistor, that the public hear-
ing be closed. Motion carried unanimously.
Commissioner Pistor moved, seconded by Commissioner Wenzel
and carried, that the ordinance as numbered and titled below be
adopted and entered into Ordinance Book No.8.
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March 21, 1978
ORDIN~~CE 70 - -1---
AN OI1DI Nl\llCE MII::NDI NG OTtD1Hl\UCT;; 7 G- 30 'rilE
CO~lPJlEIlEN;,IVr~ 7.0NING P.EGUT,A'l'IONS FOR 'I'lm
Ulnl~COHPOHl\'l'J':D MU':J\ OJ." 'I'IlI:~ COJ\S'l'J\I, 1\REl\
PT.ANNING DISTRIC'l' ll'l N.l1~N"ING 'l'IIE :-WiIING
l\'!'IJM3 111\1' HUNDlm 40-25-4 D'l CIIJ\NGING 'l'lm
7.0NWG DIS'l'RICT CLl\SSIFICJ\TION 1'110M GHC-
Gl':m::Jll\L RE'fJ\IT, CONI.l[;RCIJ\L '1'0 JU.1-2
HESIDBN'fIJ\L MUL'rr-l'NUL'l ON THE l~OLLOt'1lNG
DESCIUDP.D PROPER1'Y t':IIICH IS LOC1\'I'J:D JUST
l:l\ST OF 'l'IlE EN'I'MUCE TO VJ\NnrmDILT TOl'llmS
llEAR TilE Y1\CHT D1\SIN: A POR'rION OF TIU\CT
1\, DJ\KER C1\RnOLL POINT, AND PROVIDING AU
EFFECTIVE DATE.
PETITION V-78-3-C BY WILLIAM A. SMITH REQUESTING A VARIANCE IN
THE lB,OOO SQUARE FOOT LOT REQUIREMENT TO OPERATE SELF-SBRVICE
GAS STATION IN CONJUNCTION WITH A CONVENIENCE STORE ON LOT 537,
ISLES OF CAPRI - DENIED
Legal notice having been published in the Marco Island Eagle
on March 2, 197B as evidenced by Affidavit of Publication filed
with the Clerk, public hearing was opened to consider Petition
V-78-3-C filed by William A. Srr.i.th requesting a variance in the
lB,OOO square foot lot requirement to operate a self-service gas
station in conjunction with a convenience store on Lot 537, Isles
of Capri. Mr. Carl Clemmer, Zoning Director, stated that the
varianrce requested is for that property located at the intersec-
tion of Kon Tiki Drive and Capri Boulevard, consisting of 14,250
square feet with the proposed gas pumps being for public use in
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conjunction with the present convenience store. He continued,
that the section titled "Automobile Service Stations" of Ordinance
76-30 requires a lot minimum of IB,OOO square feet and in this
particular instance, a 35' setback from the South side yard and a
30' setback from the East side yard. Neither of these requirements
have been met and it is the recommendation of the staff that tho
petition be denied, Mr. Clemmer concluded.
Mr. William Smith representing Key Petroleum, Inc. read his
letter in its entirety that had accompanied his petition, stating
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March 21, 1978
that the variance is requested for a self-service gasoline retail
pumping unit only, not for sorvice station sorvice; this unit to
be utilized with the service of the convenience store of which it
would be a part. He said that even with the purchase of additional
lots to meet the required 18,000 square feet, this property could
not be utilized into the convenience store and gasoline outlet.
Mr. Smith stated the required 10 feet on either side of the island
'gasoline pumping unit) would be met with the present 14,250 square
feet available.
Chairman Wimer noted that the minimum requirements as shown
in Ordinance 76-30 for service stations/gasoline pumps are for the
safety of the public and that the ingress and egress of such a ser-
vice station must conform to the aforementioned requirements.
There being no other persons registered to speak, Commissioner
Wenzel moved, seconded by Commissioner Pistor, that the public hear-
ing be closed. Motion carried unanimOUSly.
Commissioner Archer moved, seconded by Commissioner Wenzel, to
deny the above-referenced petition. Motion carried unanimOUSly.
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RESOLUTION NO. 78-40 RE PETITION CCSL-78-2-C BY WILLIAM GAGE, TRUS-
TEE, REQUESTING 66 FOOT V1\RIANCE FROM THE COASTAL CONSTRUCTION SET-
BACK LINE FOR THE SOUTH ONE-HALF OF LOT XIII AND THE NORTH ONE-HALF
OF LOT XII, BLOCK B AND ALL OF LOT XIV, BLOCK A, CONNOR'S VANDER-
BILT BEACH EST1\TES SUBDIVISION - ADOPTED WITH STIPULATIONS CONTAINED
THEREIN-PETITIONER'S AGREEMENT TO THE STIPULATIONS - ACCEPTED
Legal notice having been published in the Naples Star on
March 3, 1978 as evidenced by Affidavit of Publication filed with
the Clerk, public hearing was opened to consider petition CCSL-
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78-2-C filed by william Gage, Trustee, requesting a 66 fopt vari-
ance from the Coastal Construction Setback Line for the South one-
half of Lot XIII and the North one-half of Lot XII, Block Band
all of Lot XIV, Block A, Connor's Vanderbilt Beach Estates Sub-
division. Defore Dr. Spagna, Director of Community Development,
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March 21, 1978
gave his prcs~ntation ~oncerning the above referenced petition,
Commissioner Archer inquired as to the number of lots located in
the Connor's Vanderbilt Deach area that would requiro this same
variance, suggesting if the number should be a great many more
then the formula now being applied'could be granted in a "blanket
approval" for the remainder of the lots. Dr. Spagna replied that
each variance requested would have to be granted on the basis of
the conditions peculiar to the particular site nor was he certain
of the number of lots that would be required to have such a variance
granted for their reasonable use. Chairman Wimer stated that Com-
missioner Archer's point was well taken and requested ot Dr. Spagna
that the item be researched and a determination be made as to the
number of vacant lots remaining that will, quite possibly, be com-
ing back before the Board.
Dr. Spagna stated that the requested variance is for that pro-
perty located about 1500 feet south of the LaPlaya Inn and about
500 feet north of Vartderbilt Beach Drive and is considered A Gulf
front lot. He said the petition has been reviewed by the staff
and in order for the petitioner to have reasonable use of the pre-
mises, the recommendation is for approval with the stipulations con-
tained within the resulting resolution.
CommUssioner PisbQrq~estl~ned the safety ot the public walk-
ing across Gulf Shore Drive since the property extends across the
road. Tri-County Engineering, Ms. Geeke Lossing, explained that
there would be on the bay side, a 6 unit building with ten parking
spaces while on the beach side the plan is to have 12 units with
18 to 20 parking spaces 80 that each building will have their own
parking space, leaving only those bay side owners that want to
use the beach, walking across Gulf Shore Drive.
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March 21, 1978
Thcre being no other p~rsons registered to speak, Com-
missioncr Brown moved, scconded by Commissioner ~rchor, that the
public hearing be closed. Motion carried unanimously.
Commissioner Archer moved, seconded by Commissioner Brown,
that Resolution No. 78-40 re Petition CCSL-78-2-C by William Gage,
Trustee, requesting a 66 foot variance from the Coastal Construc-
tion Setback Line for the South one-half of Lot XIII And the North
one-half of Lot XII, Block B and all of Lot XIV, Block A, Connor's
Vanderbilt Deach Estates Subdivision be adopted with the stipula-
tions contained therein and that the petitioner's agreement to the
stipulations be accepted. Motion carried unanimously.
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RESOLUTION NO. 78-41 RE PETITION V-78-4-C, AMERICAN DESIGN'
DEVELOPMENT CORPOR1\T10N OF NAPLES REQUESTING A FRONT YARD SET-
DACK OF 3.5 FEET FOR LOT 6~ ~IVIERA GOLF ESTATES, ON RATTLE-
SNAKE H~~OCK RoAD ABOUTIDNE-HALF MILE NORTH OF U.S. 41 - ADOPTED
Legal notice having been published in the Naples Daily News
on March 3, 1978 as evidenced by Affidavit of Publication filed
with the Clerk, public hearing was opened to consider Petition
V-78-4-C filed by American Design and Development Corporation of
Naples requesting a front yard setback of 3.5 feet for Lot 65,
Riviera Golf Estates, on Rattlesnake Hammock Road about one-half
mile north of U.S. 41. Mr. Carl Clemmer, Zoning Director, stated
the request is for the lot upon which a mobile home has been placed
and because of an error in the assembling of the mobile home, an
access sliding glass door was not installed in the unit. He s~id
that the variance is to allow the petitioner a covered access from
dining room to the carport, consisting of 5.5 feet (an encroachment
of 3.5 feet into the front yard). Mr. Clemmer said there have been
no objections forthcoming from the neighbor and the staff recommends
granting the variance as it will be in harmony with the neighbor-
hood.
There being no persons registered to speak, Commissioner Archer
moved, seconded by Commissioner Wenzel, that the public hearing be
closed. Motion carried unanimously.
Commissioner Brown moved, seconded by Commissioner Wenzel, that
Resolution No. 78-41 re Petition V-78-4-C by American Design and
Development Corporation of Naples requesting a front yard setback
variance of 3.5 feet for Lot 65, Riviera Golf Estates, on Rattle-
snake Hammock Road about one-half mile north of U.S. 41 be adopted.
Motion carried 3/2 with Commissioners Archer and Pistor dissenting.
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March 21, 1978
ORDINANCE NO. 7R-8 ADOP'r:rNG RATES, CHARGES AND FEES FOR CONNECT-
ING AND USE OF CENTRAL WATER SER~lCES - ADOPTED
Legal notice having been published in the Naples Daily News
on February 28, 1978 as evidenced by 1\ffidavit of Publication
filed with the Clerk, public heari~q was opened to consider a
proposed ordinance adopting rates, charges, and fees for connect-
ing and use of County central water services. Utility Director
Irving Derzon stated the proposed ordinance is primarily directed
at the areas to be taken over by the County from the City of
Naples, the North Naples area and the East Naples area, with A
take-over date scheduled for April 1, 1978, barring any last minute
problem with the construction that is now taking place in the
City of Naples. Mr. Berzon emphasized that the rates, charges
and fees connected with the proposed ordinance are identical with
those which are presontly being charged by the City of Naples and
the schedule of fees does not include a System Development Charge,
which is a separate ~tem under a separate ordinance.
Chairman Wimer called for registered speakers, identifying
this ordinance just one of five that would be heard by the Board
during the regular session and found those people registered to
speak were in reality wanting to speak on the ordinance involving
the systems development charge for connection to the water systems.
There being no registered speakers for this particular ordi-
nance, Commissioner Nenzel moved, seconded by Commissioner Archer,
to close the public hearing. The motion was carried unanimously.
Commissioner Wenzel moved, seconded by Commissioner Pistor
and carried unanimously, that the ordinance as numbered and titled
below be adopted and entered into Ordinance Book No.8.
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March 21, 1978
ORDINANCE NO. 78~
AN ORDINANCE ADOPTING RATES, CHARGES AND FEES
FOR CONNECTING TO AND t:SE OF COUNTY CENTRAL
WATER SERVICES; PROVIDI:;G FOR CONNECTION CHARGES i
PROVIDING FOR TAPPING CHARGES PRIOR TO CONNECTION:
ADOPTING A USER RATE SCHEDULE: RESUMPTION OF DIS-
CONTINUED SERVICE; PROVIDING FOR DEPOSITS PRIOR
TO INSTALLATION OF I~TERS TO NEW CONNECTIONS AND
RECONNECTIONS TO PRIOR uISCONNECTS: DESCRIBING
PROPERTY OWNERS RESpm:SIBILIT,Y FOR WATER SERVICE:
REQUIRING COLLECTION OF l~ATER UTILITY BILLS:
DISCONTINUANCE OF SERVICE: SETTING FORTH PROCE-
DURES TO REGISTER CO:.lPLAINTS CONCERNING WATER
BILLS AND DEFECTIVE HETERS; REQUIRING PAYMENTS
WHEN METERS BECOME DEF~CTIVE: AUTHORIZING RIGHT
OF ENTRY BY AUTHORIZED AGENTS TO PREMISES SERVED:
ADOPTING PROCEDURES FOR CLOSING INACTIVE ACCOUNTS:
PROVIDING FOR SEPARATE 3ILLING FOR WATER AND SEtiER
SERVICES PROVIDED BY THE COUNTY.
ORDINANCE NO. 78-9 ADOPTING PR01{ULGATING RULES AND REGULATIONS
FOR TIlE OPERATION OF COUNTY-OWNED UTILITY SYSTEMS - 1\DOPTED
Legal notice having been published in the Naples Daily News
on March 2, 1978 as evidenced by Affidavit of Publication filed
with the Clerk, public hearing was opened to consider a proposed
ordinance promulgating rules and regulations for the operation
of County-owned utility systems. Utility Diroctor Irving Berzon
stated the proposed ordinance is merely a set of rules and regu-
lations which describe what is required to make application for
connection, including the obligation the County has to the cus-
tomer and the obligation the customer has to the system in terms
of maintaining certain facilities that are provided for and, the
remainder of the listed obligations that the customer and the
utility have to each other.
Chairman Wimer summed up the ordinance as being the' adminia-
trative and operational policy of the utility systems.
There being no registered speakers for this particular ordi-
nance, Commissioner Wenzel moved, seconded by Commissioner Pistor
and carried unanimously, to close the public hearing.
Commissioner Wenzel moved, seconded by Commissioner Pistor
and carried unanimously, that the ordinance AS numbered And titled
below be adopted and entered into Ordinance Book No.8.
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March 21, 1978
ORDINANCE NO. 78 -
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AN ORDINANCE PROMULGATING RULES AND REGULATIONS
FOR THE OPERATION OF COUNTY-O~~ED UTILITY SYSTEMS;
PROVIDING AN EFFECTIVE DATE.
ORDINANCE NO. 78-10 REL1\TING TO POLICIES AND PROCEDURES FOR THE
EXTENSION' OF W1\TER UTILITY LINES AND/OR INSTALLATION OF WATER
SUPPLY 1\ND.TREATMENT FACILITIES BY DEVELOPERS - ADOPTED
Legal notic~ having been published in the Naples Daily News
on March 2, 1978 as evidenced by Affidavit of Publication filed
with the Clerk, public hearing was opened to consider a proposed
ordinance relating to the policies and procedures for the exten-
sion of water utility lines and/or installation ot water supply
and treatment facilities by developers. Utility Director Irving
Berzon pointed out that this ordinance is consistent with the
City of Naples' policy on these matters as well as the County's
Subdivision Regulations and Ordinance No. 75-20. Mr. Berzon stated
this ordinance denotes the responsibility of the developer and/or
property owner who wishes the extension of an existing line, he
pays for it to the extent of the requirements he has on the line,
and if within the prescribed period of time, namely three years in
this cane, another individual "comes-on" the line, the developer
and/or property owner is entitled to a refund to the extent of the
other person's contribution.
Commissioner pistor remarked that the ordinance is a partial
restatement of requirements in the County's Subdivision Regulations
and Ordinance No. 75-20 with the necessary additions.
There being no registered speakers for this particular ordi-
nance, Commissioner Wenzel moved, seconded by Commissioner Pistor
and carried unanimously, to close the public hearing.
Commissioner Archer moved, seconded by Commissioner Wenzel
and carried unanimously, that the ordinance as numbered and titled
below be adopted and entered into Ordinance Book No.8.
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ORDINANCE NO. 78.. '0
AN ORDINANCE R:LATING TO POLICIES AND
PROCEDURES FOR TnE EXTENSION OF WATER
UTILITY LINES MID/OR INSTALLATION or WATER
SUPPLY AND TREATHENT FACILITIES BY DEVELOPERS;
PROVIDING AN EFFECTIVE DATE.
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RECESS: 10100 A.M. to 10105 A.M.
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ORDINANCE NO. 78-11 ESTADLISIlING A SYSTEMS DEVELOPMENT CHARGE FOR
CONNECTION TO WATER SYSTEMS OPERATED BY COLLIER COUNTY - ADOPTED.
STAFF TO RESEARCH THE "GRANDFATHERING-IN" OF WILLOUGHBY ACRES RE
ORDINANCE NO. 78-11 1\ND BRING B1\CK BEFORE THE BOARD
Legal notice having been published in the Naples Daily News
on March 2, 1978 as evidenced by Affidavit of Publication, filed
with the Clerk, public hearing was opened to consider the adoption
of an ordinance establishing a Systems Development Charge for con-
n~ction to watel systems operated by Collier ~ounty. Utility Direc-
tor Irving Berzon pointed out significant points contained in the
ordinance so that there would be no misunderstanding as to what is
intended; what the monies will be used for; how the monies can be
used and how the monies will be administered during that interim
when the County has them. The Systems Development Charge that i~
being proposed, Mr. Berzon said, has as its intent and purpose the
provision of monies for the expansion and/or construction of a new
facility 'capital improvement). The monies cannot be used for
maintenance of existing facility; they cannot be used to adjust
rates: nor can they bA Usp.d in any other fashion other than to con-
struct new facilities. Such monies that are collected under an ordi-
nance of this type will be kept in a separate account, hopefully, an
interest-bearing account, and will not be allowed to co-mingle with
tho monies of the General Fund so that at the time of construction,
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March 21, 1978
the monies will be available for that purpose sOlely, he said. . Mr.
Berzon mentioned that the proposed $595 fee deals with the 5/8"
and 3/4" meter which is the basic single-family unit dwelling mAter
and stated that any meters which are larger and can provide service
to more than one dwelling unit, will be pro-rated accordingly. He
gave as a~ example: When you have a one inch meter, which has the
equivalent'of 2~ dwelling units, the charge jumps to 2~ times $595
or in this case, $1,487.50. Mr. Berzon noted that the County's frame-
work for running the utilities is much the same as the City of Naples'
approach except for the difference in the System Development Charge
- the City's is $325 while the County's is proposed at $595.
Commissioner Wenzel commented on both the Consulting Engineer
Ted Smallwood's and the Utility Director's recommendations, saying
tha t !'!r. Smallwood's would bo applicable if the County were a slow-
growing community but reminded the Board that Collier County is a
fast growing community and will require the recommendation of Mr.
Berzon (Indicating the larger fee of $595 would satisfy the growth
cost whereas the smaller fee of $397 would require more bonds and/or
financing for new construction).
Chairman Wimer gave his opinion regarding both of the recom-
mended fees and stated he could not vote for either one but would
only give his approval for that fee that would be the same as the
City of Naples' charge '$325 minimum).
Consulting Engineer Ted Smallwood gave his presentation, stat-
inq there was no difference of opinion reqarding the fee of $595
as recommended by Mr. Berzon, but that the method of payment is the
point in question. Using a graph chart Mr. Smallwood pointed out
the participation of those users now on the system and those users
that would connect in the future. He covered such questions as main-
tenance compilation, debt service and recovery program for those
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March 21, 1978
users coming on to the system at a later date. Mr. Smallwood Gaid
if the CounLY wanted to pay f~r the new expansions totally from im-
pact fees then the charge would necessarily have to be approximately
$2,300 per family unit which is the reason behind his advocating the
lowcr fce of $397 for connection with an increase in users rates in,
the future.
Mr. Bill Shearston, Collier County Contractors' Association,
sald he had thought to speak on the $595 fee but when the amount of
$2,300 was mcntioned as a connect fee he felt $595 was not too bad
at all.
Mr. John E. Garnier, Collier County Contractors' Association,
spoke of the fairness of having everone pay the $595 fee without
projecting into the future when the fee might be more or less and
kuep it at the one flat fee so that contractors' would know what
they have to pay. He suggested that Collier County is a growing
community and will demand the proper water and sewer systems to
coincide with the growth. Mr. Garnier stated that in the l&st
Deven years the construction costs of a homo have doubled making
him approve of the fee as stated - $595.
Mr. Walter S. Wilde, Presidant, Vanderbilt Beach Property
Owners Association, advocated the $595 connect fee and stated all
users should pay the same.
Mr. Mike Zewalk, President, North Naples Civic Association
and speaker for the aged in Collier County, said this would be one
opportunity the County would have to show their concern for the aged
by charging the lower fee ot $325. He stated the Ul'ldrS wi1dth~r olcl
or new should pay the same fee, letting the increase in new users
rates, not connection fees, pay tor the new growth and/or expansion.
Chairman Wimer asked if the area of Willoughby Acres, where the
process of expanding the system is now taking place, could be grand-
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fathered-in since the cost will be exorbitant if all fees including
the rlCW connection charge are cnarged those particular residents.
County Attorney Pickworth stated this particular question has not
been addressed before but cautioned the Board about deleting the
whole area as the aftermath could be far reaching. Mr. Pickworth
said he could research the question within a week. Chairman Wimer
then asked. that the staff research the accommodation of those Will-
oughby 1\crcs residences that were existing prior to the adoption of.
this ordinance.
There being no more registered speakers, Commissioner Wenzel
moved, seconded by Commissioner Pistor and carried unanimously, to
close the public hearing.
Commissioner Wenzel moved to adopt the ordinance establishing
a system development charge ($595) for connection to water systems
operated by Collier County, seconded by Commissioner Pistor, at which
time Chairman Wimer asked for discussion. Utility Director Berzon
requested that the typographical changes to be made in the original
draft of ordinance be accomplished, adding that Fiscal Officer Hall
had requested an amendment to the ordinance, in order to accommodate
the computer program, which would provide for a more expeditious way
of handling the charges related to the service.
Commissioner Brown" after discussion, moved to amend the motion
on the floor, to decrease the minimum fee from $595 to $325, seconded
by Commissioner Wimer and upon roll call vote, carried 3/2.
Commissioner Brown Aye
Chairman Wimar Aye
Commissioner Archer Aye
Commissioner Pistor Nay
Commissioner Wenzel Nay
Chairman Wimer then called for the question on Commissioner
Wenzel's motion already on the floor, which had been seconded by
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March 21, 1978
Commissioner pistor, to adopt the ordinance with the inclusion of
the dacreas~ of the minimum f~e from $595 to $325, and upon roll
call vote, carried 4/1.
Commissioner \'Ienzel Nay
Commissioner ?istor Aye
Commissioner ~rcher Aye
Commissioner Brown Aye
Chairman Wimer Aye
Whereupon the ordinance as n~~ered and titled below was
adopted and entered in Ordinance Book No.8.
ORDINANCE NO. 78..1/
AN ORDINANCE ESTABLISHI1:G A SYSTEM DEVELOPMENT
CHARGE FOR CONNECTION TO HATER SYSTEMS OPERATED
BY COLLIER COUNTYt FLORIDA>> PROVIDING FOR ANNUAL
REVIEW AND PROVIDING EFFECTIVE DATE.
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March 21, 1978
BOARD APPROVES TEMPOR1\~Y ROAD IHPROVEMENTS TO PORT AU PRINCE
SUBDIVISION - COSTS FOR SAME TlJ BE CHARGED TO THE PORT AU PRINCE
ROAD IMPROVEMENT ASSESSMENT DISTRICT FOLLOWING RESOLUTION OF SUR-
VEYING PROBLEM
ARBistant County Enginoor Clifford Barksdale pr~vided the
Board with the background of the matter to be discussed under
public petition, as requested by the residents of Port au Prince.
lie auid th~t in 1974 a petition was received for improvements to
the roads in the subdivision; however, during the investigation
and the preliminary engineering study, it was discovered that
th~ survey was in error and the people were not living on the
plots that the deeds described. He said that the area was resur-
veyed and that deeds are presently being prepared to be executed
in trust to the County, same to be deeded back fOllowing recorda-
tion. Mr. Barksdale said that temporary repairs have been made to
the roads following curtailment of school bus service and mail
delivery; however, these repairs have deteriorated and the roads
are again impassable: It is recommended, said Mr. Barksdale, that
the Board authorize the expenditure of $1,500 for further tempo-
raIY repairs to the roads until the process of exchange of deeds
can be completed, said funds to be carried forward to the road im-
provement assessment district and repaid.
Commi8sioner Wenzel suggested that when the roads are graded
and the holes filled in that a coat of oil be applied to help pro-
tect the roads. Mr. Barksdale concurred that this would be helpful.
Commissioner Pistor moved that the Board approve the recom-
mended temporary repairs to the roads in Port au Prince until the
problem is solved, with the understanding that the costs will even-
tually be charged to the Port au Prince Road Improvement District;
that the repairs be made as soon as possible, and that a coat of oil
be applied following said repairs. The motion was seconded by Com-
missioner Wenzel and carried unanimously.
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Chairman-Wimer-explalned-that,--if there were no objections,
the prepared agenda would be altered to take up various matters
I")ut of ~lequence in order to accommodl1tGl those persons attending
tho !;,eeting to hear and be heard on specific subjects. There
were no objections.
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ORDINANCE 78-12 ESTABLISHING A SYSTEM DEVELOPMENT CHARGE FOR CON-
NECTION TO SEWER SYSTEMS OPERATED BY COLLIER COUNTY - ADOPTED
Legal notice having been published in the Naples Daily News
on March 2, 1978 as evidenced by Affidavit ot Publication filed
with the Clerk, public hearing was held to consider a proposed
ordinance establishing a system development charge for connection
to sewer systems operated by Collier County, Florida, and provid-
ing for annual review, and providing effective date.
Utility Director Irving Berzon reviewed the proposed ordinance,
outlining the proposed system development charge to defray the cost
of collection, transmission and treatment facilities for sewerage
provided by the County. Mr. Berzon noted that there is a difference
of opinion between Mr. Ted Smallwood, Consulting Engineer, and he
regarding the amount of dollars to be charged based on different
methods of computation between the two. Mr. Smallwood was requested
to list the proposed lower charges suggested by him, as contained
in his letter dated February 13, 1978. Mr. Smallwood noted that
he and Mr. Berzon are in agreement on the system development charge
but that there are differences on how the charge is paid ~nd/or
considered.
Mr. Mike Zewalk, North Napres Civic Association, requested that
the Board consider those persons on fixed incomes in the area and,
if possible, postpone some of the costs to a later date and permit
future residents to absorb some of the costs for the new facilities.
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March 21, 1978
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Chairman Wimer, in comparing the two sets of proposed charges,
noted that the trend is for two-bathroom homos and under the pro-
posed ordinance the charge would be $504 as compared to Mr. Small-
wood's proposed charge of $373. Mr. Smallwood concurred with the
accuracy of the comparison.
Mr. Walter S. Wilde, President, Vanderbilt Beach Property
Owners Association, said that the future heirs must be considered
along with. the aged persons !lOW residing in the CountYI that in
time people not presently living here will be paying the charges.
He added that this might serve to keep persons away which, in
his opinion, might not be a bad idea considering the congestion
being experienced on Vanderbilt Beach.
It was emphasized that the charge will be assessed on anyone
hooking into the system after the ordinance is adopted - whether
they are living here or not with Commissioner Wenzel pointing out
that the lower the amount charged now, the more the cost will be
for everyone living here now in order to make up the difference.
Commissioner Wenzel, referring to Mr. Zewalk's comments con-
cerning not impacting those persons living in older houses, inquired
if it would be possible to have two rates. County Attorney Pick-
worth replied in the negative stating that the matter is strictly
a measure of impact and all persons must be treated in like manner.
There being no further persons registered to address the issue
other than Mr. John Garnier who had left the meeting and Mr. William
She~rston who declined to speak, Commissioner Pistor moved that the
public hearing be closed, seconded by Commissioner Wenzel and
carried 5/0.
Commissioner Wenzel moved that Ordinance No. 78-12 establishing
a system development charge for connection to sewer systems operated
by Collier County, as presented, be adopted and entered in Ordinance
Book No. a. The motion was seconded by Commissioner Archer and,
following roll call vote, carried 3/2 with Commissioner Brown and
Chairman Wimer voting contrary.
Chairman Wimer observed that he is not opposed to the dove lop-
mont charge; however, he would prefer a lower rate.
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March 21, 1978
ORDINANCE NO. 78-~
AN ORDINANCE ESTABLISHING A SYSTEll DEVELOPHENT
CHARGE FOR CONNECTION TO SEtVER SYSTE1.IS OPERATED
BY COLLIER COUNTY, FLORIDA; PROVIDING FOR ANNUAL
REVIEW AND PROVIDING EFFECTIVE DATE.
CIll\IRMAN AUTHORIZED TO SIGN LETTER TO THE COLLIER COUNTY CONSER-
VANCY IN APPRECIATION OF THE CONSERVANCY'S OFFER OF $30,000 TO
1\ID IN THE CONSTRUCTION AND BEAUTIFICATION OF TIGERTAIL BEACH AS
A PUDLIC BE1\CH
Administrative Aide to the Board Mary Morgan advised the
Board that a letter dated March 16, 1978 has beon received from
the Collier. County Conservancy Inc., signed by William V. Merri-
hue, President and Chairman of the Board, informing the Board
that the Conservancy has approved the expenditure of $30,000 to
aid in the construction and beautification of the Tigertail Public
Beach facility on Marco Deach. She noted that the letter lists a
number of stipulations which have been agreed upon by the Conser-
vancy and the County Planning Department.
Commissioner Piator moved to authorize the Chairman to send a
letter thanking the Conservancy for its generous contribution which
will help make it pos~ible to complete the construction and beauti-
fication of Tigertail Beach as a public beach. The motion was
seconded by Commissioner Wenzel and car.ried 5/0.
BOARD APPROVES COMMITMENT OF NECESSARY FUNDS, IN ADDtTION TO CON-
TRIBUTION BY COLLIER COUNTY CONSERVANCY, TO MEET MATCHING FUND
REQUIREMENT FOR STATE GRANT OF $100,000 TO COMPLETE TIGERTAIL
BE1\CH; STAFF INSTRUCTED TO PREPARE NECESSARY PAPERS RE APPLICATION
FOR GRANT, 1\ND WORK PERMITG/ CHAIRMAN AUTHORIZED TO SIGN SAME WHEN
PREPARED
Commissioner Pis tor moved that the Board commit the ~ecessary
amount of money, in addition to the contribution by the Collier
County Conservancy of $30,000, tb meet the ma~~hing fund require-
ment for a state grant of $100,000 in order to complete Tigertail
Daach; that the staff be instructed to prepare the necessary papers
to apply for the grant and work permits; and, that the Chairman be
authorized to sign the papers as soon as prepared.
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March 21, 1978
In respojse to COl.unissioner Drown I s inquiry as to the source
of the additional funds, Fiscal Officer Uarold Hall explained
that the aforementioned expenditure is the type of expenditure
which was anticipated when the budgets were prepared and that
said funds were included in the Capital Improvement project ex-
penditure~ to be financed through the bond issue.
The motion was seconded by Commissioner Wenzel and carried
unanimously 5/0.
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March 21, 1978
DISCUSSION RE INCORPORATION OF MARCO ISLAND - BOARD APPROVES RE-
QUESTING LEG~SLATIVE DELEGATIO~T TO APPOINT A SEVEN-MEMBER COM-
MITTEE TO STUDY FEASIBILITY RE SAME
Commissioner Pistor explained that on March 3, 1978 the
Legislative Delegation held a meeting at the Courthouse Complex
and that one of the items discussea was the proposal that legis-
lation be passed so that a vote could be held November 7, 1978
on a propo~ed charter which could result in part of Marco Island
becoming an incorporated city. After conRiderable discussion and
many tie votes, continued the Commissioner, it was suggested that
a non-binding straw vote be held. He said that the delegation
requested that he bring the matter back to the Board and ask the
Board to request the delegation to appoint a seven-member committee
to inv~stigate the feasibility of incorporating Marco ISland, pre-
sent information, based on facts that can be substantiated and
conform to Florida laws, and report the findings to the Board by
September 5, 1978 for consideration of having the matter put on
the ballot vn November 7, 1978 as a non-binding straw vote. Com-
missioner Pistor stated that names and resumes will be solicited
from various organizations on the Island, including the proponents
of incorporation, which will be submitted to the Legislative Dele-
gation.
Mr. Ira Evans, Marco Island resident, spoke on behalf of
approximately 250 people who signed petitions to have the question
put on the ballot in accordance with Chapter 165 of the Florida
Statutes. ~Ir. Evans read from a prepared letter to the Board dated
March 20, 1978 which included several proposals to be considered
by the Board, and also suggesting that the Board is opposed to the
incorporation of Marco Island.
Chairman Wimer advised Mr. Evans that the Board has not taken
any position regarding the'incorporation and that Commissioner
Pistor has the right of any citizen to represent himself and to ex-
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March 21, 1978
press his position. He said that the Board is considering per-
forming a task that the delegation has asked it to do and sug-
gested that if the delegation has not produced what the proponents
of incorporation desire that he pursue the matter with them, add-
ing that incorporation, or lack thereof, is the responsibility of
State government.
Mr. Elbert Tripp, Marco Island resident, voiced the opinion
that the Florida Statutes have not been followed properly by the
legislative committee and that the matter should be investigated
by the Attorney General and an attempt be made to put the question
back on the "right track".
Mr. Paul N. Weidner, Marco Island resident, stated that he
received the impression, based on his attendance at the legisla-
tive committee meeting wherein the matter was discussed in detail,
that the action taken was based on the fact that there is not
sufficient merit in the proposal to proceed in the manner proposed
by Mr. Evans and his group toward incorporation. He said that it
is the opinion of a large number of the members ot the Marco Island
Civic Association that the proposed charter was not sufficiently
published and distributed to the people of the Is1a~d as to what
they would be voting for and that is why the study group approach
was suggested.
Mr. William B. Hawley, Marco Island resident, spoke in opposi-
tion to incorporation since, in his opinion, there is no pressing
need for such action. He recommended that a chance to examine the
charter be afforded those who would be affected by it and stated
that he does not wish to delegate to state institutions the author-
ity to produce documents which govern him until he can examine
them and have his input.
Mr. Walter FiSCher, President, Marco Island Civic Association,
commented that the Civic Association believes that incorporation
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March 21, 1979
is pr.emature dnd that, in his ~pinion, once an investigation is
made on the matter and a charter prepared by professionals is
submitted, the question of whether or not Marco Island should be
incorporated will be answered.
Mr. B. W. Taunton, Marco Island resident, expressed opposi-
tion to the question of incorporation and also to spending money
for a study on the question at this point in time for the reason
that a small organized group of proponent voters could force
incorporation thereby leaving 15,000 or more taxpayers on the Island
unrepresented.
Following additional. brief discussion, Commissioner Pistor
moved that the Board of County Commissioners request the legislative
delegation to appoint a seven-member committee to study the feasi-
bility of incorporating Marco Island. The motion was seconded by
Commissioner Wenzel.
Commissioner Brown inquired about retaining a consultant,
stating that he does not want to see the residents voting "blindly".
Commissioner Pistor commented that the committee might request a
consultant; however, it is not being suggested at this time.
Upon call for the question the motion carried 5/0.
CH1\IRMAN AUTIIORIZED TO EXECUTE QUITCLAIM DEED FOR RELEASE OF EASE-
MENTRE PARCELS 1, 2 AND 3, LOCATED ADJACENT TO PALM SPRINGS SUB-
DIVISION AND RADIO ROAD AS REQUESTED BY OWNER MRS. THEODORE J.
ZlIHOUR
Assistant County Engineer Clifford Barksdale explained that
the owners of Parcels l, 2 and 3, located adjacent to Palm Springs
Subdivision and Radio Road, have requested a Quitclaim Deed for
an easement which was created in October of 1969 providing access
to the three parcels. Mr. Barksdale said that the easement was
granted by a "Deed of Easement" document which was never officially
accepted by the Board; however, the document was recorded in OR
Book 330, Page 982, on October 14, 1969. He reported that there
have been no improvements made to the property. A Quitclaim Deed
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from the County, said Mr. Barksdale, will clear the official
records and permit the owners to sell their property as one par-
cel, noting that the County Attorney has roviewed the request.
Commissioner Wenzel moved, seconded by Commissioner Pistor
and carried S/O, that the Quitclaim Deed requested by Mrs. Theo-
dore J. Zahour for parcels 1, 2 and 3 of property located adja-
cent to Palm Springs Subdivision and Radio Road, be authorized
for the Chairman's signature, as recommended by staft.
It was noted that Mrs. Zahour was in attendance but offered
no comments.
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March 21, 1978
RESOLUTION R-78-42 INDIC1\TING BOARD SUPPORT FOR EDISON COMMUNITY
COLLEGE PROPOSAL TO HOST TilE STATE SCIENCE FAIR - ADOPTED
....-Following brief explanation by Dr. Feldon representing Edi-
son Community College outlining the reasons why the College is
desirous of hosting the State Science Fair, Commissioner Wenzel
moved, seconded by Commissioner Pistor, that Resolution R-78-42
indicating Board support for the Edison Community Colleqe proposal
to host tho State Science Fair be adopted.
In response to Commissioner Archer, Dr. Feldon stated that
the proposed action to be taken by the Board does not obligate
any County funds, suggesting the possibility that a later request
might be forthcoming.
Upon call for the question the motion carried 5/0.
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March 21, 1978
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CHAIRMlIN AUTHORIZED TO SIGN GRA:--lT APPLICATIONS FOR ADDITIONAL AM-
BULANCES
Fiscal Officer Harold Hall advised the Board that the State
has available funds for approximately twenty-four ambulances,
noting that this is probably the last year such funds will be avail-
able, on a first-come, first-served basis. He inquired if the
Board wishes to proceed with such purchase, even though funds have
not been budgeted, and put in a grant application for two or three
ambulances which would be primarily to replace vehicles with 90,000
to l20,000 miles. The cost, said Mr. Hall, will be $20,000 each _
50\ funded by the grant. In response to Commissioner Wenzel, Mr.
Hall said that one vehicle to be replaced is a modular unit, and
the other is a complete ambulance. He pointed out that Mr. Jack
Maguire, American Ambulance, has indicated that the current volume
is such that he would like to consider adding another ambulance
and keepin~ one as a backup vehicle rather than trading it in.
Commissioner Wenzel moved, seconded by Co~~issioner Pistor,
that authorization be given to sign the grant ~pplications, as
outlined by Mr Hall.
Commissioner Wenzel inquired why no action ~as been taken
regarding the suggestion of marking the ambulances "Property of
Collier Coun~y" so that the public will know that they are County
properties. Following brief discussion, no action was t~ken.
Upon call for the question, the motion carried 5/0.
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DOARD RESCI.~DS ACTION TAKEN PARCH 14, 1978 RE LEASE OF PROPERTY
FOR RELOCATION OF CETA OPERATIONS; CHAIRMAN AUTHORIZED TO EXE-
CUTE LEASE FOR NEW LOCATION
Commissioner Archer moved, seconded by Commissioner pistor
and carried 5/0, that tho Board rescind the action taken at the
meeting of March 14, 1978 regarding the lease of property for
relocation of the CETA operations.
Commissioner Archer noted that a new location has been tound
for this purpose containing the same amount of space, at $200 per
month less rental following which he moved, seconded by Commissioner
Pistor and carried 5/0, that the Chairman be authorized to execute
lease between Thomas V. Porter, and the Board of County Commissioners
of Collier County, Florida, as Local Program Agent for the Comprehen-
sive Employment and Training Act, for premises located at 990 5th
Avenue North, Naples, Florida.
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PETITION V-78-7-C BY FRANK J. DERANGO REQUESTING A VARIANCE FOR
LOTS 24, 25, 26 AND 27, BLOCK 16, NAPLES TWIN LAKES, lST ADDITION _
M\~ERTISING AUTHORIZED FOR PU:JLIC HEARING APRIL 11, 1978
Commissioner Pistor moved, seconded by Commissioner Wenzel
and carried 5/0, that Petition V-78-7-C by Frank J. DeRango re-
qucsting a variance of 500 square feet to allow for three duplexes .
on 38,000 squ~re feet for lots 24, 25, 26 and 27, Block 16, Naples
Twin Lakes, 1st Addition, be advertised for public hearing on
April 11, 1978.
PETITION V-78-2-C BY ALLAN A. CROCKETT REQUESTING SIDE YARD SETBACK
VARIANCE RE LOT 46, NAPLES BATH & TENNIS CLUB - ADVERTISING AUTHO-
RIZED FOR PUBLIC HEARING APRIL 11, 1978
Commissioner Pistor moved, seconded by Commissioner Wenzel
and carried 5/0, that Petition V-78-2-C by Allan A. Crockett re-
questing a side yard setback variance to construct a residence on
Lot 46, Naples Bath & Tennis Club, be advertised for public hear-
ing April 11, 1978.
DOARD REVIEW OF APPEAL TO PROPOSED MINIMUM BASE FLOOD ELEVATIONS _
DEFERRED UNTIL MARCH 28, 1978 AT THE REQUEST OF PLANNING DIRECTOR
As requested by Dr. Neno Spagna, Director of Community Develop-
ment, Chairman Wimer directed that the Board review of the appeals
to the proposcd minimum base flood elevations be deferred until
March 28, 1978.
RESOLUTION R-78-43 REQUESTING LEGISLATION REQUIRING THE STATE TO
ISSUE GUN PERMITS - ADOPTED
Commissioner Wenzel moved, seconded by Commissioner Archer
and carried 5/0, that Resolution R-78-43 requesting legi~lation
rcquiring the State to issue Gun Permits be adopted, as recom-
mended by th~ County Attorney.
Commissioner Archer commented that tho adoption of the Reso-
lution does not ncgate the need for the County to consider the
proposed ordinance with respect to the policy to be established re
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Ma.rch 21, 1978
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the issuance of concealed weapons permit by the County, adding
that it is still necessary to discuss the policy which tho County
will use to issue permits.
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March 21, 1978
RESOLUTION R-78-44 PROV:TDING FOR ASSESSMENT OF LIEN FOR THE COST
OF AB~TEMENT OF PUBLIC NUISANCES RE FRANCIS D. RUTLEDGE, Sll,
T47S, R29E - ADOPTED
Commissioner Pistor moved, seconded by Commissioner Wenzel
and carried 5/0, that Resolution R-78-44 providinq for Assessment
of Lien for the cost of Abatement of Public Nuisances re property
owned by Francis D. Rutledge in Section 11, Township 47 South,
Range 29 East be adopted.
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March 21, 1978
JOD DESCRIPTION RE NEW POSITION OF SWITCHBOARD OPERATOR _ APPROVED
Following brief explanatioll by County Attorney Pickworth, Com-
missioner Archer moved, seconded by Commissioner Piator And carried
5/0, that the jOb description for the new position of Switchboard
Operator be approved.
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March 21, 1978
RECLASSIFICATION OF R0AD DEPARTMENT EMPLOYEE ROXIE BROWN - APPROVED
Assistant County Engineer Clifford Barksdalo explained the
request for reclassification of Road Department employee Roxie
Brown is to promote her from present classification as clerical
Assistant II to Clerk Specialist since the duties being performed
by the individual reflect the latter job description. He said
that Board' approval is being requested since the budget does not
show the proposed job category, noting that the position must be
authorized before the employee can be moved into the classification.
Commissioner Wenzel moved, seconded by Commissioner Archer
and carried 5/0, that Road Department Employee Roxie Brown be re-
classified as Clerk Specialist.
The consensus of the Board was that the aforementioned trans-
action could be taken care of by staff without being brought to
the Doard, and that the new County Manager should be given such
authorization in the future.
RESOLUTION R-78-45 SUPPORTING THE CONSTRUCTION OF AN EMERGENCY
OPERATIONS CENTER IN TALLAHASSEE, FLORIDA - ADOPTED, AS RECOM-
MENDED BY CIVIL DEFENSE DIRECTOR
Following brief discussion, Commissioner pistor moved,
seconded by Commissioner Wenzel and carried 5/0, that Resolution
R-78-45 supporting the construction of an Emergency Operations
Center in Tallahassee, Florida, be adopted as recommended by the
Civil Defense Director.
Utility Director Irving Berzon observed that, in his opinion,
supporting the proposal will not obligate the Board in any way,
adding that the Board is stating that it feels there is a need for
such a center and that it should be in Tallahassee, Florida.
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March 21, 1978
WARMNTY DEED GMNTING TilE COUNTY RIGHT-OF-WAY FOR EASTERLY
EXTENSION OF WILLOUGHBY DRIVE iN WILLOUGHBY ACRES RE MR. AND MRS.
C. N. ANDERSON - ACCEPTED WITH NO COMMITMENTS FOR COUNTY MAINTENANCE
Commissioner Wcnzel moved, seconded by Commissioner Pistor
and carried 5/0, that the Warranty Deed offered by Mr. And Mrs.
Carl N. Anderson granting the County the right-of-way for the
easterly extcnsion of Willoughby Drive in Willoughby Acres, be
accepted with no commitments for County maintenance, AS recommended
by Assistant County Engineer Barksdale.
Mr. Barksdale advised that the Engineering Department will
inspect the roadway and require the necessary repairs to be made
to bring the road up to County standards and that when this has
been accomplished a future request will be made to the Board to
accept the roadway for County maintenance.
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March 21, 1978
TWO l2~" I-lATER !-lELL PERMITS RE EXXON CORPORATION IN SECTION 27,
T49S, R32E - APPROVED WITH S~IPULATIONS
Utility Director Irving Berzon stated that the request for two
l2~" Water Well Permits by the Exxon Corporation for property located
in Section 27, Township 49 South, ~anqe 32 East, have been reviewed
by the Water ~Ianagement Advisory Board and recommended for approval
with the 'following stipulations, with which he concurs:
l. That a copy of the uriller's log for each well
be submitted to the County Utility Director.
2. That a water analysis regarding water quality
for each well be submitted to the County
Utility Director.
3. That the wells be capped and plugged upon aban-
donment of the drilling operations.
4. That the construction of the access road to the
~ell site will not interfere with the drainage
pattern of the area.
Commissioner Pistor moved, seconded by Commissioner Wenzel
and carried 5/0, that the two l2lt" Water Well Permits requested by
the Exxon Corporatio~ for property in Section 27, Township 49 South,
Range 32 East, be approved with the stipulations outlined.
TWO l2~" \,'ATER \'iELL PERMITS RE EXXON CORPORATION IN SECTION 34, T48S,
"30E - APPROVED !-lITH STIPULATIONS
Utility Director Irving Berzon explained that the request f0r
two l2lt" h"ater Well Permits by the Exxon Corporation for property
located in Section 34, Township 48 South, Range 30 East, are to be
used in conjunction with exploration work. He said that the Water
Management Advisory Board has recommended that the permits be issued
with the following stipulations, with which he concurs:
1. That a copy of the driller's log for each well
be submitted to the County Utility Director.
2. That a water analysis regarding water quality
for oach well be submitted to the County
Utility Director.
3. That the wells be capped and plugged upon aban-
donment of the drilling operations.
4. That the construction of the access road to the
well site will not interfere with the drainage
pattern of the area.
e.-..,..._
.......
......
March 21, 1978
Commissionor Plstor moved, seconded by Commissioner Wenzel,
thnt the two l2~" Water Well ;ermits requested by the Exxon
Corporation in Section 34, Township 48 South, Range 30 East, be
approved with the stipulations outlined.
Commissioner Drown inquired if the landowner'. permission
has boen received with Mr. Berzon replying in the affirmative.
FOUR 4" WELL PERMITS REQUESTED BY SFWMD FOR MONITORING PURPOSES,
LOCATED IN VARIOUS AREAS OF THE COUNTY - APPROVED WITH STIPULATIONS
Utility Director Irving Berzon stated that the four 4" Well
Permits requested by the South Florida Water Management District
will be used in connection with the ground water monitoring pro-
gram and located in the following areas:
1. One well is to be located in Section 30,
Township 50, South, Range 26 East.
2. One well is to be located in Section 30,
Township 51 South, Range 27 East.
3. One well is to be located in Section 23,
Township 50 South, Range 26 East.
4. One well is to be located in Section 10,
Township 51 South, Range 26 East.
He said that the request has been reviewed by the Water Manage-
mcnt Advisory Board and recommended for approval with the following
stipulations, with which he concursl
1. That a copy of the driller's log for each
well be submitted to the county Utility
Diroctor.
2. That a water analysis for each well along
with any other testing or monitoring data
b~ submitted to the County Utility Director.
3. That the wells be capped and plugged upon .
abandonment of the monitoring program.
Commissioner pistor moved, seconded by Commissioner Archer and
carried 5/0, that the four 4" Well Permits requested by the South
Florida Water Management District, to be located in the areas above-
described, be approved with the stipulations outlined.
124
bOOc bk 41
125
~ bk 41
: '". .,'~',~~~~~
, ;_-,.t..,~~~~
March 21, 1979
BOARD APPROVES EXPENDITURE OF $65,810.25 FOR EQUIPMENT TO SERVE
\>lATER CUSTOMER::; IN THE C.OUNTY WA"'ER SERVICE AREAS; CHAIRMAN
AUTHORIZED TO EXECUTE LEASE OF STORAGE SPACE RE SAME; FUNDS TO BE
REPAID FROM WATER SYSTEH REVENUES
Utility Director Irving Berzon requested Board approval for
the Utility Division purchase of m~terial, equipment and supplies
which will be needed in connection with the takeover of existinq
water customers, as well as the needs of new customers coming on
the system. lie said that it is the intent to buy thE' I3quipment
needed only in sufficient quantities for the first 2~ months, said
funds for the purchaoe of the supplies to be loaned from the General
Fund and paid back from the operating revenues. He said the esti-
mated cost will be between $65,000 and $66,000 including the lease
for rental space in Industrial Park from which to operate the activi-
ties relating to the Utility Division.
Commissioner Wenzel inquired if any thought has been given to
the use of the County Barn for the purposes outlined and Mr. Berzon
replied that sufficient space is not available and it is his desire
to refrain from co-mingling the road activities with the Utility
Division activities. Chairman Wimer inquired about the use of the
North Naples plant site with Hr. Berzon stating that the site could
be used; however, there is no facility for storing the valuable
equipment.
Commissioner Pistor moved that the Board approve the request
of the Utility Division for expenditure of $65,810.25 for the pur-
poses outlined, 'as set out below) said funds to be repaid from the
water system revenues; and that the Chairman be authorized to sign
the Lease Of Storage Space. Mr. Berzon noted that the Lease will
. be reviewed by the County Attorney before it is given to the Chairman
for his signature. The motion was seconded by Commissioner Wenzel.
Mr. Derzon emphasized that he will keep the requests for ex-
penditures to a minimum so as not to impact the General Funds in
any way.
Upon the call for the question, the motion carried 5/0.
a.--
.....
.......
1 - Pick Up Truck ~ ton, G cyl. wI steal tool box
3" diaphram trash pump \ollhoSQ & foot valvo
3" cyl. PUJTI=,
Tapping Tool (for water scrv1ce) includes 2 tools
Jack & Bore ~quipment (for wate~ oo~vioe only)
Rid Bid Pipe Threading Machine
GaG Power Saw 12"
Deep Socket W~ench Set (3/8 thru l~
Small Hand Tools, Pipe Wrenches, Hamme~s, Sledge
Hmnmers, Shovels, Adjustable Wrenches, 6' rules,
100' tape, pliers, scrow drivers, etc.
2 Motal detectors (pipe & valve locator)
Hydraulic Pipe Cutter for eI Pipe up to 12"
Hydraulic Pipe Cutter DI Pipe to 20"
Sub-Total
March 21, 1978
$ 4,700.00
800.00
600.00
750.00
1,000.00
1,500.00
535.25
75.00
1 Step Van Vehicle (~ton)
Rental - Shop and Parts storage (1 year)
Pipe Ii ttings
Spare Parts '
Water Meters
250.00
350.00
500.00
800.00
$17,860.25
7,500.00
2,000.00
26,200.00
6,250.00
6,000.00
65,810.25
TOTAL
DISCUSSION OF INTERIM FINANCING RE WATER/SEWER DISTRICT - ADDED TO
AGENDA UPON MOTION; RECOMMENDATIONS OF COUNTY ATTORNEY - APPROVED;
STAFF TO PROCEED AS QUICKLY AS POSSIBLE TO RESOLVE DISTRICT FINAN-
CING PROBLEMS AND REPORT RECOMMENDATIONS TO BOARD
Commissioner Wenzel moved, seconded by Co~issioner Pistor
and carried 5/0, that a discussion of interim financing for the
County Water/Sewer District be added to the agenda, as requested
by Utility Director Irving Berzon.
Mr. Derzon stated that Clerk William Reagan, Fiscal Officer
Harold Hall, County Attorney Pickworth and himself have been
heavily involved in the subject under discussion during the past
several weeks, adding that they have talked to a number of finance
people and other persons involved in the matter, directly and in-
directly, and that they have reached the point, based on information
from State agencies who are affected by it, namely, the Budget Di-
rector's office, as well as the FmHA people, as to what can and can-
not be done at this point. To provide a more detailed summary, he
called upon Mr. pickworth.
Mr. Pickworth rocalled that the Sewer District borrowed
$10,500,000 from the State of Florida and, as a result of the
Supreme Court invalidating the District, it does not appear at this
time that there is any way the District can have the necessary funds
128
Ut bk 41
j'
.1
..,.~ ..:
-,,-, . '1" ~.:..:.:,~:.~
" .,~..~(~
!.:-q
~t bk 41 March 21, 1978
to repay the State on April lS, 1978. He advised that the Statute
states that if the funds are not repaid, the DER so advises the
Comptroller's office and that said office is supposed to withhold
ony revenue or tox-sharing funds which is due the local governmental
unit; however, Mr. Pickworth said that the local unit owing the
money is ~he County Water/Sewer District which does not receive any
revenue-sharing funds. Therefore, he continued, there are no such
funds to be withheld, which is not to say that the state is without
remedy - it is simply without remedy under the Statute. Mr. Pick-
worth said that an opinion has been received to the effect that the
failure of the District to repay the loan will in no way encumber
any revenue or tax-sharing funds of Collier County. He said that
tho District is obligated for the loan - the County is not.
Continuing, Mr. Pickworth said that, in looking for ways to
resolve the District's problem, the only way to secure any money
on a short-term basis would be for Collier County, separate and
apart from the District, to assume the obligations of the District
and then for Collier County to issue a short-te'rm financing instru-
ment of some kind to secure the funds to payoff the District's
obligation. The proposals worked down to essentially some sort of
bond anticipation note, secured by the promise of the FmHA to
pay the approximately $11,000,000 to the District upon the valida-
tion of the bonds, said Mr. PiCkworth, with one of the proposals
requesting the additional security of the pledge of
non-ad valorem
tax funds of Collier County to the extent necessary to amortize
the interest during the period of the note - that is, whatever
interest shortfall there would be beyond the revenues available
from the system. In simple terms, he continued, this would require
the County set aside $500,000 or so in non-ad valorem revenues for
the next two years in order to meet the pledge. Conversely, said
Mr. Pickworth, since the County cannot expect the General Fund
I-.A
-
a-a
March 21, 1978
Operating Budget to be lower for the next two years, it would mean
a corr.esponding increase in ad valorem taxes to raise the same
amount of money. Along with that would be the pledge-, upon the
failure to pay the note within the terms of the note, to i.sue
long-term financing in the entire amount of $11,000,000 which is
tantamount to the County giving up the Federal grant, he said.
Looking at various alternatives, said Mr. Pickworth, and ad-
vising the Commissioners as the Board of County Commissioners of
Collier County, and not as the Governing Board of the County Water/
Sewer District, it is the consensus of the aforementioned group
that the recommendation be that the Board not assume the obligations
of the District. Granted the District has a problem paying off the
loan, he continued, but it is a problem of the District, and, in
time, that problem will be solved.
Mr. Berzon stated that the FmHA is more than cooperating with
the County and has gone so far as to get a statement from the national
office which basically says that any arrangements made by the Ois-
trict with regard to interim financing, or to solve the outstanding
debt at this time, as long as it is tied to an eventual closing ~f
the loan and grant with the FmHA under the present terms, they will
honor that commitment as long as it takes to get it done. Therefore,
he said, the County is not jeopardizing the $4,700,000 Grant. Mr.
Berzon pointed out that none of the four members of the group are
looking at the default by the District in a lighthearted manner and
that any avenue possible will be pursued from now until whatever time
it takes to pay back the State. He said it is recognized, as a legiti-
mate obligation the District has and one which must be honored by the
District.
Mr. Hall added that, from a fiscal standpoint, there would be a
chance of creating more problems by the County assuming the fiscal
l30
ll:C6x bk 41
131
.bOa< bk 4 1
........w
,," ,.....;
March 2l, 1978
responsibilities tha~ there would be by not assuming such responsi-
bilities. lie said that there is a good chance, if the County assumes
such responsibilities, tho County could still face a problem with
the County's State Revenue-Sharing. He said that a tremendous amount
of research has been done; a lot of work with nine different firms,
m iorting through the maze of alternatives to sort out what would
be the least of the "evils".
Mr. Pickworth said that in the next few months the Board will
hear from financial consultants the idea of getting rid of the Dis-
trict, make it a County "thing" and issue County obligations, and
tho like. He said that is is his suggestion that the Board go very
slowly on such proposals; that it is too far down the road now to
consider these suggestions.
Mr. Berzon added the opinion that the financial consultants
are looking at arranging a loan and not worrying about the conse-
quences the loan will have on the body they are lending the money
to beyond the time that the loan exists. He said it is telt that
it is an obligation to look beyond that time for which the loan
exists to determine what the consequences will be to the entire
organization of the District, or entity, which will be operating
the utilities.
Chairman 'Wimer commented that the Oistrict is the recipient
of a grant and loan so it is the obligation to follow through on
those and also to fulfill all of the obligations ot the District.
Commissioner Archer moved to accept the recommendation and
to proceed with the situation as outlined by the County Attorney.
COlnmissioner Pistor seconded the motion which carried 5/0.
Chairman Wimer expressed the appreciation of the Board to
Messrs. Reagan, Hall, Pickworth and Berzon for their work on the
matter under discussion. Commissioner Archer suggested that the
L.t
Lii
I:J
March 21, 1978
staff be directed to proceed as quickly as possible in resolving,
or coming back with the necessary recommendations, to resolve the
District problems. Chairman Wimer so directed and requested that
the Board be kept updated on the progress. Mr. Pickworth noted
that it will take awhile adding that the first step is to make
sure that the legislative delegation knows that the Act must be
pushed through the first week of the new s~ssion 80 that the legal
entity can be put "back in business" - with the legal entity, fi-
nancing can be issued.
In summary, Mr. Berzon said that the legislative delegation
does have the Dill and that they have made a commitment to do every-
thing they can and noted that anything the Commissioners can do to
encourage the legislators will be more than appreciated.
Mr. Hall said at this point the staff can proceed with the next
steps in the validation of the $5,000,000 Bond Issue, commenting
that the County Attorney is prepared to take those steps.
ROUTINE BILLS - AUTHORIZED FOR PAYMENT
.
Following Fiscal Officer Harold Hall's statement that the bills
being presented for approval have been processed fOllowing established
procedures ann that funds are available, Commissioner Wenzel moved,
seconded by Commissioner Pistor and carried 5/0, that the bills be
approved for payment as witnessed by the following warrants issued
from March 15, 1978 through March 21, 1978:
FUND
General Fund (Manual)
Road & Bridge
Interest & Sinking
Assessment & utility Clearing
Aquatic Weed
Improvement Rev. Cert.:
Improvement Trust
CETA
Water Management
Municipal Ser. Taxing Dist.
Grants & Gifts
BCC Payroll
General Fund
132
Hi. bk 41
WARRANT NOS.
19 - 20
18 - 19
9
15 - 19
7
6
11
11
13
11
2
40761 - 41166
3725 - 3915
'. " : '~"''''{1''"...'''':"'f'
<'''..'f.....'~~~
133
~ bk 41
March 21, 1978
BUDGET AHENDMENT NO. 7~-57 TO SET UP FUNDS FOR SALARY ADJUSTMENTS
MADE THE FIRST OF THE YEAR RE \ARIOUS DEPARTMENTS - ADOPTED IN THE
M10UNT OF $ 81, 460. 20
Fiscal Officer Harold Hall explained t.hat. Budget. Amendment.
No. 78-57 in the amount of $81,460.20 takes from the Contingency
.
Fund and puts into the various department's General Fund the amounts
necessary for the salary adjustments made the first of the year.
Additionally, said Mr. Hall, there will be another Budget Amendment
presented at the next meeting which will take the remainder of the
funds from the Contingency which were earmarked above the amounts
stipulated in the Budget Amendment under discussion and placed in
the Contingency Reserve for funds to be carried into the next fiscal
year.
Commissioner Wenzel moved, seconded by Commissioner Pis tor and
carried 5/0, that Budget Amendment No. 78-57 to set up funds for the
salary adjuRtments made the first of the year in the various depart-
ments be adopted in tho amount of $81,460.20.
*
*
*
*
* * *
* * *
* * *
*
March 21, 1978
BUDGET AMENDMENT NO. 78-58 TO SET UP FUNDS FOR SALARY ADJUSTMENTS
MADE THE FIRST OF THE YEAR RE ROAD AND BRIDGE DEPARTMENT - ADOPTED
IN TilE AMOUNT OF $45,40.37
Commissioner pistor moved, seconded by Commissioner Wenzel
and carried 5/0, that Budget Amendment No. 78-58 to set up funds
for salary adjustments in the Road and Bridge Department made the
first of the year be adopted in the amount of $45,443,37.
",,.,IJ ll;' \.,.,,,,111 \..\,J....II.):>I\lI~t".I(:, .1\ r~ l.! v I: :> I r v,.,
c.:OLl.I (,:n COWH)o '. n.Oj'(! D.'\ ~J' U f) r. F.'r A',.: F. :: 0 t.: r: u.1-
, . ----... Ilr:r..o 01 kn;'':'J:.t I rlil ()~j>'~... ~e_~~
OESCinPTlO:-.l !II,!) JUSTJFIC^TrO;~ OF Nlf.~:D:.!E::T R::Q!J:Sr::O (Prop!::'o In trfpIfCll'~O. Ono c
bo retulned by 1ho rcqu8&tlng Dopart~~nt. forwDrd ~:i~rner an1 on~ CO?y to fr~Cbl 01
Usa cont i nuu't ion !'.hEHl"tS nnd IIHDCh s~Pil~"-:- i"9 C:O:\l"::!lIl-:-$, 11 nc.'.!~cd)
To set up funds for Ncrit Increase. An~ive:-s!!.ry date October'lst'
to be in accordance with the Fiscal Year.
The amOl1nt of funds for departments was s~t up by County I.tanager
and Personnel Depar~~ent fron the Cody Study.
The total amount'appropriated for this project was presented
by the .CO~tn ty HlInager llnd approved by the Eoard of County
Commissioners at budget hearing sesbion.' .'
I
?KEPtiHED ny OEPAHTt.1ENT AP?RJ'/AL
. Anne flora &
DATE 1-31-78 DATE
'TH r S SECTION TO BE COgPLF.TED BY F I NA~CE)
I\CCOUNT
1 c.:l~NTY !.~.NAGER AflPRQy AL
DATE
=
TO: (Increase)
Salaries - Road & Bridge
Other Personal Service
Matching Costs
mOUNT
002-4102-00-1021
002-4102-00-1030
002-4102-00-1050
$39,290.80
208.00
5;944.57
$45,443.37
FR01-!: (Source of Funds)
Contingencies (Special) - Road
and Bridge
002-4102-00-7011
$45,443.37
I j'::\I,(;r: !\Pj)HO'/ ^L - .
eM- nATr1-1~,)f(
'10 ,,' i ~;C;D I 0 (( icer, "r-J cr rcce I p't c> t '1 hn lJ~Jl;"c>vcd ,,;"i,; i nlll f r;:l;-' ., 110 C,"\lJ.1't)' 1.:tlllo!J.:lr, w
iI'". f i %c '1 II i~ rcquc~'t for' rl.'1,'I-cr rcdm./ mh~ iti';lfO'/l.d. fc.,! l:>'..:i:-.J n~,.,nr 'l~tIOll, "h(~ fisc:
t, l'. . .... .. ,_......... :..... _''''0' ..........1 h __...... ..._
nOMa 0;:- CO~:-ti'( C').'.::'-ll 55 :(1::::n5 i:'::'?i8~Al--:-r[~~T N,jENO::
DArE 3/21/78 '-I {,.:0.78-58
-------..-----
l38
lxDdc bk 41
,.t,' '. '.' .~~..~.
, .'..~,~':'~r~~
139
~ bk 41
March 2l, 1978
BUDGET AMENDMENT NO. 78-59 TO REAPPROPRIATE MONIES WITHIN CETh
TITLE II SUSTAINMENT '78MP-2-09-21-l) TO COINCIDE WITH ACCOUNTS
NEEDED IN A COMPREHENSIVE PAYRuLL SYSTEM - ADOPTED IN THE AMOUNT
OF $173,728.98
Commissioner Wenzel moved, seconded by Commissioner Archer
and carried 5/0, that Budget Amend~ent No. 78-59 to reappropriate
monies within CETA Title II Sustainment /78MP-2-09-21-1) to coin-
cide with accounts needed in a comprehensive payroll system be
adopted in the amount ot $173,728.98.
ILLlm cquNry.. fLOnJD:\ .-2._u l> l:. I: I ^ 1-1 f;' N 0 :'\ F. I" r Page 1 of 5
~~_. /':l.ltn'! of flcCjuo~trn9 D:rptJ'E~~Q:~:~,~!-,.-:. CE
ES~I1II'f10N /'.1':0 JU~T1rlC/,T/O;~ Of N,jE/ln:.:1::1lf REQUES'fED ((','opDro tn 1ri()llcnt 0
& retained lly 11le rcquo~..llng Oopnrllr,ont. ron/llrd orlglOllI and ona copy to ~i",c,)~oO~o~y
!:9 conlinuiltJon sheats llnd ott<lch supporting dOcur:lon'tsl rt ncedod) .. .flc
To reappropriate moniea within C.E.T.A. Title II Sustainment
(78}~-2-09-21-1) to coincide with accounts needed in a
comprehensive payroll system.. , _
EP/'.REO OY Dr;PAHmE T P~RO' L
I. James }leerpohl 3/9/78 ,('J, ~/.'/7o
DATE . An: ~/ 1'/. ~
1-11 S .SECT J ON TO DE CO,',;PU::TE
ACCOUNT
COU:HY l'.AN/\GER IIPPRO'I^L
/~ kJ #- O,\Ts3 -Iq"~
AJ.:OUNT
FROM: (Decrease)
Board of County Commissioners,
Salaries
l-Iatching Costs
28-530102
28-530102-1020 $47,213.30
.28-530102-1050 8,580.27
28:-530202
28-530202-1020 72,216.86
28-530202-1050 10,894.78
28-530402
28-5'30402-1020 17,468.03
28-530402-1050 3,115.12
28-530502
28-530502-1030 1,156.40
20-530602
28-530602-1050 503.38
28-530602-1070 88_56
School Boa. rd
Salaries
l-Intching Costs
East Naples Fire
Salades '
Matching Costs
Deep Lake
Other Personal Services
Florida Farmworkers
Matching Costs
. Workmen's Comp.
f1:;;"~:~Ji tt-7 t ::~;o :; 2~;:Y '::'<15$ IO"'''::lOI'AL o.c.l :~'T7 ;~~~~'EI
10 r!~c," Officer. tlner rec.eipt of 1he <)pproved oriDTll.:lt from the Co:.mty !.I,HF'D'''lr. lIil
,wlt %u 'Ihif. rC(I'Jc~..t for nO.I/'u i"CvtO'd clOd C:l~pr'oVi)1. rot to'.dllD ['l.;);u"d oc"ion~ 'Ihc fir.c,,:
f IC(lr I:j II Ilroc~~~ l.ppr,->v~d 1J~lcJqr;1"t 1':~Ull'Jlwnh; 'lhrouC'Jh Ilo::c.ollnlil1Cl (In':! 5c:nd 01 c~"'py rcf'
l4l
~~" bk 4 1
Redlands C. H. .A.
Other Personal Serviccs
Group Insurance
I~ork.men 's Comp.
28-531202
28-531202-1030
28-531202-1060
28-531202-1070
28-531602
28-53160?-1030
28-531602-1060
28-.'>31602-1070
28-531702
28-531702-10/,0
28-531702-3310
28-531702-3350
T. 'E. C. 11.
Other Personal Services
Croup Insurance '
_l-I.o.rkroeIL.JL..c.Q.llm..._. .. .._ _.__..
Edison Community College
Su~slstcnce Allowance
Equipment Rental
. Communications
. ..: 7:>;"'}~:
...,........
March 21, 1978
3,480.00
560.00
9.72
3.600.00
560.00
10.'"
.
$ 322.56
529.28
31. 00
$173,728.98'
I NN:crt~,;i"nDYi\i::-:-:--fo^nOOFcou,'nY CO;',::!, I 5S I o'~f:iis Al'i";(KJ\' A 1.-- GlJDG!:r 'i~i:T:i);'ir::
1_~~ DA~E) ~/lf""7 rr3.ATE 3/21/78 . Oy '.. '. D.C. NO. '78-59
10 F:'lsc.:lI Offlcor, 1)f10r 'r-;;~elpt ;rth;;'~d or~;r-f';;;;;CC:-u~1y "'-,lMOCr, \IiI
I III I 17.0 'r11l5 rCCjlJu,..1 for OO;t/'u revlc'.1 lJnd ltpprOVill. fol 10~tll1!J ll.:J:wd odlon, 1ho f/!:cill
t~ fer ~~:L',! r~O~?~;5 r,ppr'')Y<;1/1 l.l.!!cJSj(l1 /.:r.cQdllltm ts 1 hrough ^CC:Ollll ['1 nn Clnd send n copy fO t I
BUDGET AMENDMENT NO. 78-60 TO REAPPROPRIATE MONIES WITHIN CETA
TITLE VI SUSTAINMENT '78MP-6-09-2l-l) TO COINCIDE WITH ACCOUNTS
NEEDED IN A COMPREHENSIVE PAYROLL SYSTEM - ADOPTED IN THE AMOUNT
OF $458,895.71
Commissioner Wenzel moved, seconded by Commissioner Archer
and carried 5/0, that Budget Amendment No. 78-60 to reappropriate
monies within CETA Title VI Sustainment /7SMP-6-09-2l-l) to coin-
adopted in the amount of $458,S95.7l.
cide with accounts needed in a comprehensive payroll system be
^ 1-l t;. N 0 ,.\ E l~ T 1'age 1 ot :l
Nllrn~ 0 f HeCjuo!.1' I n9 D-'pt. n;RSONNEL - CE
.....-... ,.....-
SCml'T10N J,f'!D JUSTlrlC.'i"!O:~ OF N.IGm:,:r:llT HEQUESTED (Preparo In 1l"ipllcilte. ana c~ ...
rotb I ncd 1>, 1he n.Jq\lo~..11 ng [J.:lflllf"lrncnt. ron:ilrd orl n Ion I Clnd ona cony to Fl" . I 0' f~Y
. . OJ, "C'J I Ice
1 contlnllutlon sheets CIIld D'I1"Clch supporting documents, if needed)
L I En CuUt I TY I fLOI~ I no'\
~ U U It I: I
-.-
-.o.",",-,,--,~
To reappropriate monies within C.E.T.A. Title VI Sustainment
(78~W-6-09-21-1) to coincido with accounts needed in a
comprchensive payroll system. .
PP.R1::0 DY
Jnmcs ~lccrpohl 3/9/78
DATE
OF.P RTl.1E~ APPROJ~L .
~~~TE ..1/9/7 'I'
'COUNTY ':ANAGER flPPROY AL
)fi ff:~ DATE 3 -1'1'-~
-...1_. O' __ __ _
---
--
--
March 21, 1978
BUDGET ^MENDMENT NO. 78-61 FOR CONSTRUCTION or ISLES or CAPRI
FIRE HOUSE - ADOPTED IN THE AMOUNT OF $44,500
Commissioner ^rcher moved that Budget Amendment No. 78-61
for construction of the Isles of Capri Fire House (Collier County
Fire Control District *1, Isl08 of Capri Sub-District) be adopted
in the amount of $44,500. Following Fiscal Officer Harold Hall's
assurance that the project costs have stayed within the budget,
Commissioner Wenzel seconded the motion which carried 5/0.
COI.L1m COUillY, fLOi~ID/\ ....y".y._~~_1 ^ H F. N 0 I~ E ,., T .
_....."-"-'._...._.._~____u_._ .. Nllrr,! of HocpJu:.tlnu D:Jr,t./i,fJ!'".!J{f/';.i
DESCR.IPl"ION ~.I.:D JU$T1F1CATION Of N.IEf/I):.:t-::lr HCQUE:.STI:O (rroporo In hlpllclIte. ~~
bc: rct~dllcd 1>,' 1110 reqllo~.'llng Ooptlrfrr.cnL ron:nrd origrnol and ono copy to rtsc'd orr
U::.o conI inuo1'lon sheols LInd ,df'il(;1I supportIng docurnonts~ If ncoded)
For Construction of Isles-of-Capri Fire House (Collier County
Fire Control District #1. Isles-of-Capri Sub-district)
Expenditure approved by Board of County Commissioners on
February 21. 1978.
PREPARED GY ~I DEPNlmENT I,PPPlJVAL
Harold L. Hall
O^lE3/6/78 DATE
.-
(nn S ,SECTION TO DE COI'IPLET~:D BY f1NN~CE)
ACCOUNT
OOUN'~} ~~NAGER APPROVAL
J:Jt. fJ:d1.. DAnJ.. It{..
N~OUNT
TO: (Increase)
Building (Fire Station)
006-3211-01-4010
$ 44',500
FROH: (Source of Funds)
O&M Expenses
006-3211-00-2040
$ 44,500
-cl"7Jjtr::~L. ._/~-~/;r~~:"o.o'~"li- ~:'" 55 IONf.ltS^"'i~VAL 0 .~:I ::ET~:::
. ___.__.__~___._...._. ._.._.fL2.~n._ .____________'____._._-
'1110 Fit,c." O( (icer, nf'ler' rcc:olpl' of the :'p~ro\'cd orl!JII1~\1 from tho County Ill/I<l!);'!r, \
!11I::l170 '1IlT!; rcguc:-./ (01' no"ru rcvlc:~ i:lnd:Cl;>provnl. roll()~-tln!J r~lII-d udion~ the f'lr.
Off leur 111II rr(lC(.,l~~ i.rrr,-wnc' l.I:rdS,=11 Nl~C",-IIll()Il'ls 1hrough Accountln!) (llId !>c:nd 0 C~"I\lY r'
(In;.,1 r..t;...rlJ!~ "10 1h'(~ ,-nollnf,liu() f).~n,)rtm(~;,t. r-.......,. of" C"..,..,.h.,..1............." _.....tA.... _....t....._......
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'''r:<vr'l,'.~A.
March 21, 1978
BUDGET AMENDMENT NO. 78-62 TO APPROPRIATE ANTI-RECESSION FUNDS FOR
A PROGRAMMER P~SITION II; DATA PROCESSING DEPARTMENT - ADOPTED IN
THE AMOUNT OF $7,214.00
Fiscal Officer Harold Hall explained that the transfer con-
tained in Budget 1\mendment No. 78-62 was originally planned for
April; however, he said that it is' necessary to appropriate the
funds earlier. Mr. Hall said that the transaction is in accord-
snce with the policy established to pay for the position through
Anti-Recession Funds and move the budgeted amount to the Contin-
gency Reserves.
Commissioner Archer moved, seconded by Commissioner Wenzel
and carried 5/0, that Budget Amendment No. 78-62 to appropriate
Anti-Recession Funds for a Programmer Position in the Data Pro-
cessing Department be adopted in the amount of $7,214.00.
(Cn COUN IY, fL OH I D.'\ !3 U () G r: T A J.I f:' N 0 /1 F: NT.
--,_.~--_. """"f.:,.:un.) oTfTCcjii'O:.;1'fn!) D::pt. DATA PROCESSI
.~--.....- ......--.-----.------ - --..-- ..' ._......-..._~.
:H!pnON /'."10 JUSTlI'IC/ITION Of r.;,:Gm:,:t~nr W:QULSTED (Proparo In triplicate. Or.o c:ony 1c
'otolllcd b1' tho n~qu(J~;tln!J D'::pllrlli,rJllt. ron...,rd orlglnol and onci cO~'1 10 fisc'" Orflcer.
confinlJlItion !ihccl~ <lnd illl<:Jch supportIng docurnElnh, If necdocJ)
To appropriate Anti-Recession funds for a progra~er position in
Datn Processing @ $4.69/hour ($9,755 - annual rate). This is to
be effective February 25, 1978 (31 weeks for fiscal year ending
9/30/78) .
!'J,ED GY IDEPARTr.:ENT M'PROVAL COU:,ITY !,:P,NAGER I\PPRO,/,\L
:e Lambrose 1
_ DATE 3/15/78 DATE DATE
---...--
S .SECTION TO OE COt-;PLET.ED or FINANCE)
~COUNT f1.:0U~'lT
:0: (Increase)
Salaries
Matching Costs
, Group Insurance
Horkmen's Compo
038-2551-00-1020
038-2551-00-1050
038-2551-00-1060
038-2551-00-1070
$ 5,816.00
876,00
515.00
7.00
$ 7,214.00
'ROH: (Source of Funds)
FRS - Anti Recession
1194-00-0038-38
$ 7,214.00
,icE- i:l~i"r <OV';C:'7-"-:-'--IOOI~.i~O'(;I:-couj\nY ~Oj.::" I ssi,ii~;:i{~^i;l-;r-O\;;;\L'-'-' [;U1X:;~:" 't::~i.: :~;,;m-
( ,
.d( D^ld-/Lf"'7~ DinE 3/21/78Dy , D.C. rlO. 78-62
----___.___.___..____ .......4__._...___ '_________._________ ___._...______
~l~,e<lr Orricer, o111;r n;coipt or 111..1 lJJlpr'.)vud origTfl.:l1 fr'o:n 'Iho C'.co:.mly n.1I1:1C.1/'. IIi 11
11;':0 'lid:; reqve:-.I fer roO"nl jl:vle;~ iJlld ,'ppn:>Vdl. rollo'du!) n':><ll'd .,ctlon. 11,." Fir.enl
:r.t/, lIi,ll proeQ,s~. c.p:'lr,)\'.::d rJ:JdS~d h:~1H1J,,{m'l:; 'Ihroll!jh f'~C:()l1nn~g nnd ~c.:nd a c..-'jJ'l retlcel
'_ !.'I_;~I.~?,_!~,!.~.o ,'r:qiln:" ill~ O,.~jl~.I,.Ir::r.:.,t. Cr~f1'1 it) J'III":h<1:;lnq oa cnni1011 C/l!liO::I(~llt.
March 21, 1978
BOARD APPROVES PURCHASE OF XEROX MACHINE FOR USE ON SECOND FLOOR,
AS RECOMMENDED BY CLERK WILLIAM REAGAN - CHAIRMAN AUTHORIZED TO
SIGN CONTRACT
Clerk William Reagan explained that the Xerox machine pre-
sently in use on the Second Floor has the highest volume of any
of the machines and recalled that the Board policy now is to
purchase these machines rather than to lease them. It was his
recommendation that the Board authorize the purchase.
Commissioner Pistor moved, seconded by Commissioner Wenzel
and carried 5/0, that the Board approve the purchase of a Xerox
machine for use on the Second Floor, as recommended by Clerk
William Reagan, and that the Chairman be authorized to sign the
resulting contract*.
*NOTE: Complete contract appears on file in
office of Clerk ol the Board.
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March 21, 1978
DAVID K. JOIIN~ON APPOH~TED TO TilE PARKS AND RECREATION ADVISORY
nOARu ~O FILL VACANCY CREATED D~ RESIGNATION OF COUNCILMAN KEN WOOD
Administrative Aide to the Doard Mary Morgan stated that the
name of David K. Johnson has been recommended by Commissioner Wenzel
for appointmcnt to the Parks and R,creation Advisory Board to fill
the vacancy created by the resignation of City Councilman Ken Wood.
She said that he would be rcpresenting Commission District 4 although
the nominee does not reside in that District. Commissioner Wenzel
pointed out that Mr. Johnson's application has been on file for
four years, following which he moved that Mr. Johnson be appointed
to the Parks and Recreation Advisory Board. The motion was seconded
by Commissioner Archer and carried 5/0.
POSITION OF ALTERNATE MEMBER ON PARKS AND RECREATION BOARD CREATED;
KENNETH A CAVENAH APPOINTED ALTERNATE MEMBER
Administrative Aide to the Board Mary Morgan reported that
there is no provision for Alternate Member on the Parks and Recrea-
tion Advisory Board and it has been suggested that the Board con-
side~ such position with the further recommendation that Mr. Kenneth
A. Cavenah be appointed as an Alternate to the advisory board.
Commissioner Wenzel moved, seconded by Commissioner pistor and
carried 5/0, that tho Board create the Alternate Member position to
the Parks and Recreation Advisory Board and that Mr. Kenneth A.
Cavenah be appointed as the Alternate.
NOMINATION OF JAIME NUNEZ TO BE MADE TO THE GOVERNOR TO REPLACE
M1\RGIE VASQUEZ ON THE COLLIER COUNTY PSE ADVISORY BOARD
Administrative Aide to the Board Mary Morgan advised that the
current appointment to the Collier County PSE Advisory Board,
. Margie Vasquez, is no longer eligible to serve on the Board due
to the fact that she has taken employment other than aCETA-funded
position. It is the staff recommendation! said Mrs. Morgan, that
Jaime Nunez be recommended to this advisory board.
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March 21, 1978
Commissioner Archer moved, seconded by Commissioner Pistor
and carried 5/0, that Jaime Nunez be recommended to tho Governor
for appointment to the Collier County PSE Advisory Board to fill
the vacancy created by the ineligibility of the currant appointee.
1I.NNOUNCEMENT MADE OF UPCOMING MEETINGS WITII DOT REPRESENTATIVES
Administrative Aide to the Board Mary Morgan announced the
following meetings with representatives of the Department of
Transportation to be held in Building "F" of the Courthouse Com-
plex:
1. March 22, 1978 - 2:00 P.M. - Discussion
of Priority Road System.
2. March 31, 1978 - 1:30 P.M. - Public
Hearing re Functional Road Classifica-
tion System within the County.
RESOLUTION R-78-46 REJECTING EPA OFFER OF GRANT FOR "201" STUDY
RE IMMOK1I.LEE - ADOPTED
Following brief discussion, Commissioner Archer moved,
seconded by Commissioner Pistor and carried 5/0, that Resolution
R-78-46 rejecting the Environmental Protection Agency grant offer
for "201" Study for the Immokalee area, as recommended by E.
Stallings Howell, Florida Project Manager, Water Division, EPA,
in his letter of March 15, 1978.
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March 21, 1978
AMENDMENTS TO BOARD POLICY RE USE OF MEETING ROOMS - ADOPTED,
PEP. STAFF R~COMMENDATIONS
Administrative Aide to the Board Mary Morgan, referring to
her memorandum to the Board dated March l5~ 1978, stated that
it is the staff recommendation that the Board Policy regarding
tho use of meeting rooms be amended whereby those groups wishing
to schedule the use of the Building "F" meeting room will be pro-
hibited from serving refreshments in the area. It is further
recommended that if the present policy is to be adhered to, that
the Commissioners refer all inquiries for the use of the meeting
room facilities to the Clerk of the Board's office staff.
Commissioner Pistor moved, seconded by Commissioner Wenzel,
that the staff be directed to completely rewrite the present
policy regarding the use of meeting rooms to take into considera-
tion the matters brought to the Board's attention in the aforemen-
tioned memorandum.
It was Commissioner Archer's suggestion that the present policy
be amended rather than completely rewritten, that the policy can be
reviewed at a later date and consideration be given to further sug-
gestions.
The maker of the motion and the seconder agreed to amending
the motion following Commissioner Archer's suggestion.
Upon call for the question the motion carried 5/0.
DISCUSSION OF MEMORANDUM CONCERNING BARGES SELLING BAIT ANCHORED
NEAR THE MARCO ISLAND TOLL BRIDGE - ~~TTER CONTINUED TO FUTURE
AGENDA
Administrative Aide to the Board Mary Morgan directe~ the
Board's attention to the memorandum dated January 17, 1978 from
the Chairman of the Environmental Advisory Council, Ted Below,
which states that the EAC is concerned about the possible pro-
liferation of commercial barges anchored in the canal between
Macilvane Bay and the Marco Island Toll Bridge similar to the
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March 21, 1978
bait-selling barge pr~sently i~ operation there.
Mr. Balow
requested notification of the results of discussions previously
conducted by the Board and the Board's current attitude in this
regard.
Commissioner Archer advised that he has spoken with the Army
Corps of ~ngineers and has been informed that the Corps has no
authority ~ver the water that the barge is setting on, the responsi-
bility being that of the upland owner which is the State of Florida
DOT. He said that the County zoning does not apply since the
County does not own the water - the Corps owns the water, Deltona
owns the bottom land, and the State owns the upland.
Following
discussion, Commissioner Archer said that the matter is being looked
at and asked that the subject be continued until there is some
resolution.
CHAIRMAN WIMER, FISCAL OFFICER BALL, AND MANAGEMENT TEAM MEMBER
APPOINTED TO SERVE ON COMMITTEE TO MEET WITH THE CITY RE DOUBLE
TAXATION ISSUE; BOARD TO BE KEPT INFORMED, AND MEETINGS TO BE
TAPE-RECORDED AND MINUTES PREPARED
Following brief discussion of the Memorandum dated March 16,
1978 from Chairman Wimer to the Board regarding a proposed commit-
tee to meet with the committee appointed by the City for combined
discussions regarding the issue of dual taxation, Commissioner
'~enzel moved~ seconded by Commissioner Pistor, that Chairman Wimer,
Fiscal Officer Harold Hall, with the Clerk's permission, and a
member of the Management Team be appointed to the committee.
Commissioner Archer stated that he will vote for the motion
provided that the Board is kept informed by official minutes
and tape recordings of the meetings. It Was the consensus of the
Board that Commissioner Archer's suggestion be followed.
The motion carried 5/0.
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March 21, 1978
LIDR1\RIAN AND KEY LIBRARIAN PERSONNEL AUTHORIZED TRAVEL TO OR-
LANDO, FLORIDA TO ATTEND FLORIJA LIBRARY ASSOCIATION ANNUAL
CONFERENCE APRIL 26 THROUGH APRIL 29, 1978
It was noted by tho Administrativo Aide to the Board Mary
Morgan that a request has been received.from Librarian Richard
Jodcr for Doard authorization for himself and key library per-
sonnel members to travel to Orlando, Florida to attend the
Florida Library Association Annual Conference to be held April
26 through April 29, 1978. During the discussion of the matter,
it was pointed out by Mrs. Morgan that the personnel involved
are State-Certified Librarians and are required to keep their
certifications active.
Commissioner Pistor moved, seconded by Commissioner Brown
and carried 5/0, that the travel request by Librarian Joder be
approved, as outlined in his request of March 16, 1978.
RESOLUTION R-78-47 PROTESTING A PROVISION IN PRESIDENT CARTER'S
TAX REFORM ACT OF 1978 - ADOPTED; TO BE FORWARDED WITH PERSONAL
LETTERS FROM COMMISSIONERS TO APPROPRIATE LEGISLATIVE AND CON-
GRESSIONAL DELEGATIONS
Refercnce was made to the letter dated March 16, 1978 from
Lloyd A. Sarty, President, Naples Civic Association, calling
attention to Fact Sheet 18 regarding President Carter's Tax Re-
form Act of 1978 as it relates to personal property taxes and the
fact that such tax would not be allowed as a deduction in comput-
ing net income subject to Federal Income Taxes. The letter stated
that the Association feels the provision is unfair and discriminatory
and requests the Doard's assistance in protesting the provision.
Commissioner Archer moved, seconded by Commissioner Pistor
and carried 5/0, that the Board adopt Resolution R-78-47 protest-
ing the aforementioned provision in the President's Tax Reform Act
of 1978 and that said Resolution be forwarded, along with personal
letters from the Commissioners, to the appropriate legislative and
congressional delegations.
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March 21, 1978
CIlAIRM.1\N AUTHORIZED TO SIGN EASEMENT FOR INSTALLATION OF UNDER-
GROUNn ELECTRI~ DISTRIBUTION FAC1LITIES AT THE SATELLITE SER-
VICE BUILDING
Commissionor pistor moved, seconded ~y Commis.ioner Archer
and carried 5/0, that the Chairman be authorized to sign an Ease-
ment conveying to Florida Power & Light Company easement for the
construction, oporation and maintenance of electrio utility facili-
ties at the Satellite Service Building.
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March 2l, 1978
AFTER-THE-FACT AUTHORIZATION GIVEN FOR CHAIRM1\N TO SIGN AND SEND
CAELEGRAM Tv THE ENVIRONMENTA~ RESEARCH LABORATORIES REQUESTING A
CHANG!': IN THE CLOUD SEEDING DATES CONFINING THEM TO JULY AND AUGUST
Commiooioncr Brown moved, seconded by Commissioner pistor
and carried 5/0, that the Chairman be given after-the-fact autho-
rization to sign and send a cablegram to the Environmental Research.
Laboratories requesting a change in the cloud seeding dates, con-
fining them to the months of July and August.
CHAIRMAN AUTHORIZED TO SIGN LETTER OF CONCERN TO HRS RE MOSQUITO
CONTROL AND POSSIBLE SPREADING OF ENCEPHALITIS, MATTER TO BE
WORKSHOPPED AT A LATER DATE IN CONJUNCTION WITH DIRECTOR OF COLLIER
MOSQUITO CONTROL DISTRICT
Administrative Aide to the Board Mary Morgan referred to the
letter dated March 15, 1978 from Brandt G. Watson, Director, Collier
Mosquito Control District, responding to a letter the Board received
from the HRS regarding the cause and spreading of encephalitis and
the decisions and course of action the Commissioners of the Collier
Mosquito Control District have made namely, cdnduct a surveillance
program to determine the density and distribution of moaquito species;
share such information with the County Health Department, and other
State and Federal agencies; in the event of an outbreak of encepha-
litis, provide assistance to those portions of the County not within
the present District boundaries, if funds are made available.
Commissioner Brown stated that the problem is of great concern
to him, noting that there is no mosquito control in the Immokalee
area. Chairman Wimer suggested that the Board could create a mos-
quito control district for Immokalee with Mrs. Morgan pointing out
that the present District was created by a special act of. the legis-
lature and it cannot expand its boundaries without the consent of
the residents in the existing Di:strict. Chairman Wimer said that
there are several options open with Commissioner Wenzel suggesting
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March 21, 1978
that the District could be eliminated and cstablish an overall
County District with each area paying its share.
It was suggcsted that a workshop session be scheduled with
the Director of the Collier Mosquito Control District in attend-
ance, and that a letter of concern' from the Commission be sent
to IIRS.
Commissioner Brown moved that the suggestions outlined above
be approved, motion seconded by Commissioner pistor and carried
5/0.
DISCUSSION OF VOTING MACHINES TO BE SCHEDULED FOR FUTURE WORK-
SHOP SESSION IN CONJUNCTION WITH SUPERVISOR OF ELECTIONS
Commissioner Wenzel expressed concern over the fact that the
November election might involve a large ballot and that no action
has been takcn os yet concerning voting machines. He suggested
that a workshop session be scheduled, advising the Supervisor of
Elcctions of the discussion and requesting her recommendations.
Chairman Wimer suggested that the staff research the minutes for
action .1nd/or rccommcndations previously made.
CllllIRMAN DIRECTS STlIFF TO NOTIFY COMPLAINANTS RE RECENT APPOINT-
MENT TO THE GOLDEN GATE FIRE DISTRICT ADVISORY BOARD THAT THE
MATTER WILL BE DISCUSSED AT THE MARCH 28, 1978 MEETING AND IN-
VITING THEM TO lITTEND AND BE HEARD
Brief discussion was held regarding the opposition voiced
concerning the reccnt Board appointment to the Golden Gate Fire
District Advisory Board. Administrative Aide to the Board Mary
Morgan advised the Board that one of the matters to be brought
up at the March 28, 1978 meeting is a discussion of direction
from the Board regarding dependent fire districts. It was the
consensus of the Board members that the aforementioned complain-
ants bo notified of the meeting inviting them to attend and ex-
press themselves.
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March 21, 1978
11.
PSC ~otices o~ Filing of Application for a Certificate
of Public Convenience and Necessity to Operata 4 Motor
Carrier re Merchant Transport, Inc., and Electronic
Riggers of Florida, Inc.; also, Amended Notice of Filing
of Application for a Certificate ot Public Convonience
and Necessity to Operate as a Motor Carrier re Mullins,
Inc., and Atlantic Livery Service, Inc.; filed.
UTILITY EASEMENTS RE IMMOKALEE SEWER PROJECT - ACCEPTED FOLLOW-
ING RECORDATION OF SAME
,
Pursuant to action taken by the Board on October 25, 1977,
wherein the Board approved the acceptance and expenditure ot funds
for the recording of all Utility Easements related to the Immokalee
Sewer Project, Utility Director Irving Borzon submitted the follow-
ing Utility Easements, same having been recorded in the Official
Rocords:
1. Kenneth Edward Kemp and Susan Mary Kemp, James
Edward Kemp and Joann Kemp
2. James Kemp and Kenny Kemp
3. James Kemp and Kenny Kemp
4. Ruby S~ith Maris
S. Kenneth Edward Kemp and Susan Mary Kemp, 'James
Edward Kemp and Joann Kemp
6. Mabel Lykins
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March 21, 1978
There b~ing no f~rthar business for the good of the County
the meeting was adjourned by order of the Chair - Times
3:20 P.M.
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BOARD OF COUNTY COMMISSIONERS/EX
OFFICIO GOVERNING BOARD OF SPECIAL
DISTRICTS UNDER ITS CONTROL
c&i~~
ATTEST 1
WILLIAM J. REAGAN, CLERK
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