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BCC Minutes 04/11/1978 R &_.... ... . . , Naples, Florida, April 11, 1978 in and for th~ County ~f Collier, and also acting as the Governing LET IT DE REMEMBERED, that the Board of County Commissioners Uoardls) of such special districts as have been created according to law and having conducted business herein, met on this date at 9:00 A.M. in Regular Session in Building "F" of the Courthouse Complox with the following members present: CHAIRMAN: C. n. "Russ" Wimer VICE-CHAIRMAN: John 'A. pistor Thomas P. 'Archer Clifford tolenzel David C. Brown ALSO PRESENT: William J. Reagan, Clerk, Carol Russell, Deputy Clerk; Donald A. Pickworth, County 'AttorneYl Irving Berzon, Utility nirector; Dr. Nano Spagna, Director of Community Development; Carl Clemmer, Zoning Director; Clifford Barksdale, 'Assistant County Engineer; Robert Wheeler, Director of Environmental Health Services; and Deputy Chief Raymond Barnett, Sheriff's Department. JOAN I. II. I I I. IV. IVA. IVIl. V. AGENDA INVOCATION PLEDGE OF ALLEGIANCE APPROVAL OF AGENDA APPROVAL OF MINUTES: March 28, 1978 PRESENTATION OF SERVICE AI~ARD CERTIFICATES PROCLi\lIlAT ION OF COLL I ER COUNTY Ar.IERI CAN RED CROSS WEEK Pg 8-9 ADVERTISED PUBLIC HEARINGS A. Petition V-78-7-C by Frank J. DeRango requesting a variance of 500 sq. ft. to allow for 3 duplexes on 38,500 sq. ft. for Lots 24,25,26 & 27, Block 16. Naples Twin Lakes. 1st Addition (Pickworth). B. Petition V-78-2-C by Allan C. Crockett requesting a side yard setback variance to construct a residence on Lot 46, Naples Bath & Tennis Club (Pickworth). VI. OLD BUSINESS Pg 10-12 Pg 13-15 .D~ .041 rAc('324. i.... 1. ) L-J 'April 11, 1978 : OOA;.' X I I. PUllL IC PETITION~: None XIII. ITEMS FOR DISCUSSION AND POSSIBLE ACTION A. Proposed Animal Control Ordinance--deferred from ~Iarch Pg 7, 1978 (Pickworth). 24-: D. Discussion of formation of a Marco Island Lighting District (Berzon). C. Discussion of organizational structure of Dependent Firo Control Districts (Hall). D. Discus~ion of Development Plans by Deltona Corporation. XIV. ADJOURN AGENDA - APPROVED WIT}I ADDITIONS/DELETIONS Commissioner Pistor requested that he be allowed to make a presentation under '"Miscellaneous Board Items". Utility Director Berzon requested that ''A.3. Quit Claim Decd- Theodore Hager under "Collier County Water/Sewer Utility Division" be deleted as the request has been withdrawn. Commissioner Wenzel moved, seconded by Commissioner Brown and carried unanimously 5/0 that the agenda be approved with the above addition and deletion and with the following 'Additions/Deletions. ADDITIONS V. ADVERTISED PUBLIC HEARINGS C. Petition R-77-4-C by Robert Shellabarger requesting a change in zoning from "I-A-2" to "I-MHSD" for a 30 acre parcel in S32. T46S, R29E located 3/4 mile west of SR-29 on the north side of Immokalee Road-- defcrred from April 4, 1978 (Pickworth). VI. OLD BUSINESS A. Rcquest for approval of sewer linc extcnsion--Satcllitc Service Duilding (Derzon). V I I. STAFF REPORT I. Appointment of a Canvassing Board for Pelican Bay Bond election. VIII. COLLIER COUNTY WATER/SEWER UTILITY DIVISION B. Old Busincss I. Status Report on County Water Systems neOK 041 PACE "326 GGCK 041 rAtE.'3~7 April 11, 1978 XI I I. lTH1S FOR DISCUSSION AND POSSIBLE ACTION E. Discus5ion regarding tho status of tho Immokaloe Water/Sewor District. F. Voting Machines Report by Mrs. Santa DELETIONS IV. APPROVAL OF mNlJTES: March 28. 1978 VII. STAFF REPORT D. Rcquc5t for acceptance of an offer by the State of Florida for a UHI-B Hqlicoptor to be usod for spare part5 (Derzon). PRESENT^TION OF SERVICE AWARD CERTIFICATES Service award certificates for five years continuous service for the County were presented to: Maurice Hace William Walker, Jr. Nolen Dutlor, Sr. PROCLAl-1ATION OF COLLIER COUNTY AMERICAN RED CROSS WEEK - ADOPTED Dr. l'li 11 iam Howard, Chairman, and Mrs. Henry Opitz, Chairlady of Volunteers, both of the Collier County Chapter of the National American Red Cross came forward as Clerk of the Court Reagan read aloud the proclamation designating the week of April 9 through 16, 1978 as "Collier County American Red Cross Week". Commissioner l'lenzel moved, seconded by Commissioner Pistor and carried unanimously 5/0 that said proclamation be adopted. * * * * * * * * . H".~ L .J L.J IIpril 11, 1978 RESOLUTION 78-54 RE PETITION V-78-7-C BY FRANK J. DERANGO REQUEST- ING 11 VIIRIA~':E OF 500 SQ. FT. TO 'ALLOW 3 DUPLEXES ON LOTS 24, 25, 26 IIND 27, BLOCK 16, NIIPLES TWIN LAKES - 'ADOPTED Legal notice having been published in the Naples Daily News on March 24, 1978, as evidenced by 'Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition V-78-7-C by Frank J. DeRango requesting a variance of SOO sq. ft. to allow for 3 duplexes on 38,500 sq. ft. for Lots 24, 25, 26 and 27, Block 16, Naples Twin Lakes, 1st Addition. Hr. Carl Clemmer, Zoning Director, reported that Staff recom- mends approval of this request to construct three duplexes on lots 24, 25, 26 of Block 16, Naples Twin Lakes. Mr. Clemmer reported that the neighborhood is a 50-50 mixture of duplexes and single- family residences and that the neighbors have no objections. The lots are 100' x 385' to equal 38,500 sq. ft., he said; however, the "RH" 1-11 Zoning District requires 39,000 sq. ft. for six units. Staff feels that by approving a variance of 500 ft., said Mr. Clemmer, it will be in harmony with the general intent and purpose of the ordinance and not injurious to the neighborhood or detrimental to the public welfarc. He also commented that an existing duplex owncd by Mr. Dp.Rango located on Lot 27 is a very lovely building and the proposed duplexes also will be very nice. There being no persons registered to speak on the petition, motion was made by Commissioner Wenzel, seconded by Commissioner Brown and carried unanimously, that the public hearing be closed. Commissioner Wenzel moved, seconded by Commissioner Brown and carried unanimously, that the resolution re Petition V-78-7-C by Frank DeRango requesting a variance of 500 sq. ft. to allow 3 duplexcs on 38,500 sq. ft. for Lots 24, 25, 26 and 27, Block l6, Naples Twin Lakes, 1st Addition be adopted. 04~ "/"'1'")0 C;'CK J.. rm J0 04}! .(': ('3 CoOK 1 rACE J0 April 11, 1978 PETITION V-/8-2-C BY ALLAN C. CROCKETT REQUESTING A SIDE YARD SET- BACK VARIANCE TO CONSTRUCT A RESIDENCE ON LOT 46, NAPLES BATH & TENNIS CLUB - CONTINUED Legal notice having bean published in' the Naples Daily News on March 24, 1978 as evidenced by Affidavit of Publication filed with the Clark, public hearing was opened to consider Petition V-78-2-C by Allan C. Crockett requesting a side yard setback variance to construct a residence on Lot 46, Naples Bath & Tennis Club. Mr. Clemmer, Zoning Director, reported that a telephone call had been received from Mr. Crockett on April lO, 1978 at 4:45 P.M. requesting that the hearing be continued for at least 30 days as he is rovising his plans with the hope of not having to request a variance. Commissioner Wcnzel moved, seconded by Commissioner Pistor and carried 5/0, to continue the public hearing re Petition V-78-2-C by Allan C. Crockett requesting a side yard setback variance to con- struct a residence on Lot 46, Naples Bath & Tcnnis Club for at least 30 days. ORDINANCE 78-14 RE PETITION R-77-4-I BY ROBERT SHELLABARGER RE- QUESTING A CHANGE IN ZONING FROM "I-'A-2" TO "I-MHSD" FOR 'A 30 ACRE PARCEL IN S32, T46S, R29E LOC'ATED 3/4 MILE WEST OF SR-29 ON TIlE NORTH SIDE OF IMNOKALEE ROAD - ADOPTED Legal notice having been published in the Immokalee Bulletin on March 2, 1978 as evidenced by Affidavit of Publication previ- ously filed with the Clerk, pUblic hearing WAS continued from April 4, 1978 re Petition R-77-4-I by Robert Shellabarger request- ing a change in zoning from "I-A-2" to "I-MHSD" for a 30. acre par- cel in S32, T46S, R29E. A correction was noted by Mr. Clemmer in that the Petition number should be R-77-4-1 instead of R-77-4-C as stated in the agcnda as this petition is in the Immokalee district. a ..1 --. April 11, 1978 Mr. Clemmer explained that this petition was continued from last week as there were several unanswered queations relating to the sewer system. A meeting has been held with Mr. Wheeler, Director of the Environmental Health Service and Mr. Shellabarger, said Mr. Clemmer, and a letter dated 'April 6, 1978 from Mr. Wheeler to Mr. Shellabarger was presented to the Board.. The letter listed several item~ necessary in order for the proposed subdivision to receive preliminary approval and Mr. Shellabarger also presented a letter dated April 10, 1978 that he had received from the Immokalee Utilities Corporation, Inc. acknowledging that pUblic water is avail- able to said subdivision.. Commissioner Pis tor questioned the difference between a recorded and unrecorded subdivision and asked why this subdivision was not recorded. Mr. Clemmer responded that this is optional and not a requirement in the Immokalee Area Planning District. Commissioner Pistor asked what wOllld be done when the sower system is installed. Hr. Shellabarger responded that the assessment method would be used. Mr. Wheeler pointed out that in his letter of April 6, 1978, the last par.agr.aph made note of the requirements in regard to the sewage system. Mr. Berzon also interjected that the purchasers must be put on notice at the time of purchase of the lots that these requirements are there so that the people buying the property will be aware that should the sewer systen, come into being, the septic tank will have to be aban- doned, and the charges involved to connect onto the system will be incurred by them. Commissioner Pistor again questioned why this subdivision was not required to be r.ecorded and what were the disadvantages in re- cording; whereupon, Mr. Clemmer replied that economics and the time clement involved were factors. County Attorney pickworth explained that the Board was merely to decide on the zoning, not on the subdivision, as Mr. Shella- barger may wish to change his plans in the future. Mr. Clemmer noted that no permits would be issued on this unless the Health Department regulations were met. 04': 'Ill ~4 Ci.GK .l rACE 1.J0 CGCK 041 fACE 3:';5 April 11, 1978 There being no persons registered to speak on the petition, motion was made by Commissioner Brown, seconded by Commissioner Wenzel and carried unanimousl~ that the public hearing be closed. Motion was made by Commissioner Wenzel, seconded by Com- missioner Drown and carried unanimousl~ that the Ordinance as numbered and titled below be adopted and entered into Ordinance Book No.8. onDINANCE NO. 78-1~ AN OHDINlINCE AMr:UDING OHDIWINCE NO. 7~-14 lIDOPTING Tm: 1'.TLAS OF BliPS FOR THE H1l101:i1LEE AnE1, P1~]I.NNING nIS'l'RICT BY CII1INGING lo!1\P NO. -16-29-9 CHllNGmG TilE 7.0NIHG DISTRICT CLMSIPIClI'l'ION OF TilE E1\ST 3/1, OF TIlE SNI;( OF TflT:: S\-;I:i OF SEC'I'IOr./' 32,TOtWSHIP 46 SOUTU,PJ\NGE 29 EAST,FROH "1-1,-2" TO "I-11115D" AND PROVIDING AU EFFECTIVE DATE: *Copy on file in office of Clerk of the Board. BID OF $4,497.50 FROM WAYNE MCCOLLUM CONSTRUCTION CO. ACCEPTED FOR TilE CONSTRUCTION OF TilE SIX INCH PVC LINE FROB THE S'ATELt,.ITE SER- VICE BUILDING TO TilE COURTHOUSE PUMPING STATION Assistant County Engineer Clifford Barksdale reported that the original plans for the Satellite Service Building had called for a four inch line to connect into an existing four inch line from the museum to the courthouse pumping station. A problem was discovered in that the elevation of the four inch gravity line from the museum to the pumping station was not sufficient to handle the required flo\1s. Mr. Barksdale noted that several alternatives had been looked at and the least expensive way to go as an interim facility was to repla~e the existing four inch line from the museum down to the pumping station, hook the four inch line already included in the contract for the Satellite Service building into the six inch line and tap the museum into the six inch line. i. u.... J tL-..& April 11, 1978 Commissioner Wenzel asked several times why an eight inch line was not installed in ant~cipation of future development. Mr. Barksdale explained that the present plan was interim until the long-term eight inch line could be installed by the Sewer District "B" proposal to serve the entire courthouse area. 'A delay would be incurred, he said, if a final design of an ~ight inch line was re- quired and the installation of same were done, an extra cost factor would be involved and extra funds would have to be allocated. County Attorney Pickworth pointed out that since this is a Federal project, it must be done by a certain date to avoid problems in receiving the grnnt. It was noted of four proposals request~d, only two were re- ceived. Commissioner Pistor moved, seconded by Commissioner 'Archer and cnrried 4/1 with Commissioner Wenzel dissenting, to authorize the construction of the six inch line from the museum to the courthouse and to award the work to Wayne McCollum Construction Co. in the amount of $4,497.50 being the lowest responsiblo bidder and that bidding requirement be waived. AUTHORIZATION TO ADVERTISE PUBLIC HE'ARING ON MAY 9, 1978 REGARDING ORDINANCE AMENDING ORDINANCE 74-3 TO PROVIDE THAT MEMBERS OF THE GOLDEN GATE FIRE CONTROL DISTRICT ADVISORY COMMITTEE BE ELECTORS RESIDING IN THE DISTRICT - APPROVED Motion was made by Commissioner Wenzel, seconded by Commissioner Pis tor and carried 5/0, that authorization be given to advertise the public hearing on May 9, 1978 regarding Ordinance Amending Ordi- nance 74-3 to provide that members of the Golden Gate Fire Control District Advisory Committee be electors residing in the District. RESOLUTION 78-55 RE PETITION SNR-78-5-C BY NAPLES ESTATES REQUESTING STREET NAME APPROVAL FOR FOXWOOD LANE 'AND GLENh'OOD L'ANE LOCATED IN 517, TSOS, R26E, NAPLES ESTATES - ADOPTED Dr. Neno J. Spagna, Director of Community Development, began the presentation by presenting the Board a diagram of subject area. 04.-': 1'":1'6 r::OK .l r,\Gf 0v ni.Cr. 041 F,ICf 337 April 11, 1978 Dr. Spagna related that petitioner wishes to namo two new streets located in the Naplco Estates Nobile Home Park. Dr. Spagna stated that there is no problem involved with these streets and Staff recommends approval. Hotion was made by Commissioner Wenzel, seconded by Commissioner Pistor and carried unanimouSly, to adopt Resolution 78-55 re Peti- tion SNR-78-S-C by Naples Estates requesting street name approval for Foxwood Lane and Glenwood Lane located in 517, T50S, R26E, Naples Estates. " " " " " " " " " ". * " ". * * ". " MO~ 04.1,.\CE 3~9 April 11, 1978 REQUEST FOR EX~ENSION OF ~IrIE FO~ PETITION SMP-76-7-C BY DELTONA CORPORATION TO MAY 30, 1979 - APPROVED County Attorney Pickworth stated that subject request is for an extension of time for Petition SMP-76-7-C, a subdivision master plan by De1tona Corporation, to May 30, 1979. Dr. Neno Spagna noted that this is a standard request and Staff recommends approval. Commissioner Archer moved, seconded by Commissioner Wenzel end carried 5/0, to approve request for extension of time for Petition SMP-76-7-C by Deltona Corporation to May 30, 1978. MSTD EXPANDING ROAD RESURFACING PROGRAM - APPROVED. CH'AIRMAN 'AUTHO- RIZED TO SIGN NECESSARY TAX ANTICIPATION NOTES County Attorney Pickworth related that the request is to borrow $440,000, issue a note and the taxes be levied next year to pay for an expanding road resurfacing program. Mr. pickworth explained that the note must be for less than a year as, if more than a year, it would be considered a bond. Mr. Barksdale, Assistant County Engineer, explained the mi1l- ages n.,cded and a copy of millages by districts was distributed to the Board. Commissioner Wenzel made a motion to approve the ~Iunicipal Service Taxing District for the road program, seconded by Commissioner Br6wn and carried 5/0, with the Chairman authorized to sign the necessary tax anticipation notes. " Mr. Leo V. Tinkham, a resident of Marco Island, requested that the roads on ~larco which are under water most of the time be rebuilt, instead of just resurfaced. Commissioner Pistor responded that these roads are not owned by the County and that only 13 miles of roads on Marco Island are owned by Collier County. Deltona has promised to improve these roads, said Commissioner Pistor, before the County will accept them. Mr. Tinkham then questioned the very heavily assessed taxing district on Marco Island; however, Commissioner Pistor replied that the money collected would be used for further improvement to the roads that the County accepts. t . .. ,._.~,j April 11, 1978 " " " " " " " " it it it it it it RECESS: 9:54 A.M. to 10:02 'A.M. " " it " " " it " it it it * " " REQUEST FOR AUTHORIZATION TO EXPEND SECONDARY ROAD FUNDS - GRANTED BASED UPON AVAILABILITY OF FUNDS FROM DOT WITHIN 3 MONTH TIME LIMIT Mr. Berzon, Utility Director, explained that authorization is needed from the Board to expend funds from the secondary road pro- gram for: 1. Lake Trafford Road 1$60,200) 2. Golden Gate Parkway, 'Airport Road to Santa Barbara Blvd. 1$55,000) Mr. Barksdale, Assistant County Engineer, stated that funds arc not presently available in the 5th and 6th cent gas tax fund to do these projects. Chairman Wimer suggested that the Board approve the projects pending the availability of funds. This was amenable to all. ~Iotion wns made by Commissioner Nenzel, seconded by Commissioner 1\rr.hp.r nnd carried 5/0 to authorize the Engineering Department to proceed with resurfacing the two roads listed above based upon availa- bility of funds from the DOT. If any longer than thr\~e months is needed, it must be brought back before the Board. CHAIRMAN AUTHORIZED TO SIGN RESOLUTION 78-56 AND CONTRACT FOR CITY BOAT RAMP PROJECT Motion was made by Commissioner Archer, seconded by Commissioner Pistor and carried unanimously, to authorize Chairman to sign Resolution 78-56 and the 3-party contract CCity-County-State) sup- porting the City project to expand and improve Naples Landing. " " it it " n:;c:< 041 fACE340 cr.CK 04.1. r.\GE "3.15 'April 11, 1978 R.D.~. TITLE ~V ~~TCHING GRANTS - APPROVED FOR GOLDEN GATE FIRE CONTROL DISTRICT AND OCHOPEE AREA FIRE CONTROL DISTRICT Clerk Reagan explained that the Golden Gate and Ochopee area fire control district grants are the same as last year and the total amount is: Golden Gate Fire Control District - $2,380 ~ paid by District - ~ paid by Div. of Forestry Ochopee Area Fire Control District -$3,610 ~ paid by District - ~ paid by Div. of Forestry Commissioner Wenzel moved, seconded by Commissioner Pistor and carried unanimously, to approve the R.D.A. Title IV Matching Grants for Golden Gate Fire Control District and Ochopee 'Area Fire Control District. #I #I #I #I #I #I #I * #I #I #I * #I #I #I 'April 11, 1978 CANVASS OF VOTES FOR PELIC1\N BAY BOND ELECTION - CH'AIRMAN 'AUTHORIZED TO SIGN CER7IFICATE County Attorney Pickworth corrected the title of this agenda item listed as I. under the Staff Report in tho 'Additions and Deletions. The title should read, "Canvass of Votes" instead of "Appointment of Canvassing Board" for Pelican Bay Bond Election. County Attorney Pickworth explained that the responsibility of this Ooard according to law is that in a bond referendum the Board of County Commissioners must canvass the votes, declare the results and the District Board has the responsibility of entering that certification in its minutes. Chairman Wimer was presented the envelope containing the re- turn, the results were read aloud, 5 votes for the bonds, 0 votes against. Commissioner Wenzel moved that the ballot results be accepted and the Chairman authorized to sign the Certificate of the Board, seconded by Commissioner Brown and carried 5/0 by roll call vote. 11 * * 11 * 11 * * * * * * * * N~C~ 041. fm '352 . ....... .... April 11, 1978 EXECUTION OF MAINTENANCE AGREEMENT WITH THE CITY OF NAPLES FOR COUNTY WATER DISTRIBUTION SYSTEM - 'APPROVED Mr. Bcrzon, County Utility Director explained that subject maintcnance agrccmcnt is to be in effect from April 1 to October 1 of 1978 to provide any maintenance back-up needed by the County in the water service areas which the County took over on April 1st. He noted that the City is only charging the County for their direct costs, 20% for administrative costs in certain areas and, in some areas, strictly labor and payroll costs. This back-up is needed, said Mr. Derzon, however, it is much less than anticipated and "things arc coming along rather well". Commissioner Wenzel moved, seconded by Commissioner Pistor and carried unanimously, that the Chairman be authorized to sign and the Clerk to attest the maintenance agreement. * * * * * * * * * * * * * * * * l~:~ 041UGf'354 OGC~ 041 f.\GE 35"7 April 11, 1978 EXXON CORPORATION - WELL PERMITS - APPROVED Mr. Derzon, County Utility Director, stated that Exxon Corpora- tinn iR rpquc9tin0 well permits in connoction with oil well explora- tion work in Section 28 of Township 48S~ Range 30 East, located approximately l~ miles east of ~R 29 and approximately 7 miles north of Alligator Alley. These are 12~ inch wells, he reported/and placed to a depth of 65 to 80 feet and further extended down to 125 feet by the lower diameter. The usual stipulations requested in previous approvals are requested in this case, he said. Commissioner Drown moved, seconded by Commissioner Archer and carried, to approve the request by the Exxon Corporation for well permits for the two wells described above. STATUS REPORT OF COUNTY WATER SYSTEM Mr. Derzon, Utility Director, reported that the County has taken ove= the water. system in an area previously owned by the City. Mr. Berzon commended the Finance Department and Clerk's Offlce for work done in preparing the billing procedurco as they are now ready to begin billing the approximately 3800 customers from the County instead of the City. Meter reading facilities are ready, mainten- ance facilities are in line and even actual turn-one and turn-offs of existing meters and arrangements for connection of new meters have been Qonc in the past week, he reported. MR. PICKWORTH GIVES REPORT OF LEGISLATION REGARDING COUNTY WATERI SEWER DISTRICT AND COUNTY STAND REGARDING SAME County Attorney Pickworth explained that on 'April 4, 1978 a Special Act was passed by the Legislature ratifying, confirming and validating the creation of the County Water Sewer District. This is known as curative legiSlation, said Mr. Pickworth. A motion was then filed with the Supreme Court entitled a "Motion to recall the mandate," stated Mr. Pickworth, asking the Court to recall the mandate previously issued in this case in which the validation of the . .A ... - -- -" " April 11, 1978 bonds was rejected. A lengthy brief asking the Court to reconsider the case in r.hc light of the ~tatute passed by the Legislature and to validate the bonds was submitted, said Mr. PiCkworth, and the Supreme Court is to consider that ~otion today. Three things can happen, said Mr. Pickworth: 1. The Supreme Court can deny the motion and the County will start validation proceed- ings over again. 2. The Supreme Court can grant the motion but refuse to rule on the effectiveness of the Special Act and send the case back to the Circuit Court. 3. The Supreme Court can grant the motion and invalidate the Special Act and another method will be chosen. The results should be known iro a day or so, stated Mr. Pickworth, and if the Court refuses to grant ~he motion it does not mean that the Special Act is invalid, it only means they will not recall the mandate and rule at this time. ROUTINE BILLS - AUTIIORI ZED FOR PAY:.:ENT Commissioner Archer moved, seconded by Commissioner Wen7.el and carried, that the bills be approved for payment as witnessed by the following warrants issued from April 5 through April 11, 1978. FUND W'ARRANT NOS. BCC Payroll General Fund Road & Bridge Federal Revenue Sharing Anti-Recession Federal Revenue Sharing 41847 - 42138 4310 - 4501 21 5 11 BUDGET AMENDMENT NO. 78-79 RE XEROX MACHINE AT MAIN LIBRARY - 'ADOPTED Motion was made by Commissioner 'Archer, seconded by Commissioner Pistor and carried 5/0, to adopt Budget 'Amendment 78-79. It ". It ". It ~~c:': 04:,( rm358 ni.GK 041l.icE 'J59 April 11, 1978 ',;;() (Jr" C)U;HY Cu:"~'.IISSIC~':>l5 COl.i.1 EH COU.',TY, FLOfH :l'\ k E QUE S T fOR _ ~ G E:: T ^ ,-1 f-: N 0 ,-1 E ,., T COLLIER COUNT'! F"REE l.iJ~,'" (,: PU~\J'3st I ng D-:;>t. p~~_~~."~~~.nAR DESCHIPTION AND JUSTIFICATION OF N.1ErJO~lE:H REQUESTED (Pre;'!lra in triiJI icato. 0:".0 co;,, l'.:! rl'tcJincd by tho r~'lll,~c;tlna [),.1p.1r':rn"!rlt. FonliJrd orIgInal lll'l:l Ol'l!l c.c~'1 to FIsc;) I OHlce Use c0nl Inuntlon shnot~ and ottcJc.h ~upportlng doc~~ont5, If ~Q~~od) Request t ra.nsfor of $2,032.00 from general revenue re"re:l'Je aCCO'Jl\t 111;90l 0001 01 to appropriation account codo 621201 2050. This is the amount paid Jackman's Offico Equipment Co. for copier service Dinco 1 Oct 77 and charged to our office supplies. Copier inco:::.e for the period was $3,O~7.00 thus leaving a residue for the General fund of $1,015.00. (The three amounts foregoing have been ro~,ded to the ncar~6t dollar.) ServIce with Jackman's has been te~nated in favor of a contract with Xerox Corporation. L. Piotri DATE 3/21/78 COt,;;lTY MA::AGER APPROVAL PREP/IRED llY 3/21/78 '(hW~ HE '-1-7-78 (THIS SECTION TO OE COr.1PLETED BY ACCOUNT AMOUNT TO: (Increase) Office Supplics Continp,ency Rcserve 001-6212-01-2050 001- 2l0l-00-7011 $ 2,032.00 1,013.00 $ '3,01.5.00 FROM: (Source of Funds) Lihrary receipts-copier l45901-000l-0l $ 3,045.00 F I NM>lCE APPROVAL - .... '7 /fA /J-rM- DATE '-f.. ') Tho Fiscal Officer, ilftor receipt of tho ap;>rovod orlgln.!!1 frolll tho County I.:.lnilger, wI II fln/lllze this request for Boor-d reviow and approv/ll. FollowIng Beard action the Fiscal 0' f' , t i I fer w r , r proceS5 c:.P:Jr.:)\".;:r. Budget Amendr!:ents through ACcount i r:g and send a copy ref lee Ina status to the requestIng DeportMent. Copy to Purchasing on capital equIpment. OO/\RO OF COUNTY CO."~'.ll SS lONERS APPRO" AL '+/11/78 DATE BUDGET N'i~I\D~.JENT NO. 78-79 BUDGET AMENDMENT NO. 78-80 TO SET UP 'APPROPRI'ATIONS FOR TWO CETA TITLE VI SHORT TEro1 PROJECTS 1$5,927.21) ADOPTED Motion was made by Commissioner Wenzel, seconded by Commissioner Pis tor and carried unanimously to adopt Budget Amendment 78-80 to set up appropriations for two CETA Title VI Short Term Projects in the amount of $5,927.21. 04/; '361 uGG~ ..l I.\Gf. 'April 11, 1978 BUDGET AMENDMENT 78-81 WITHIN ZONING DEPARTMENT BUDGET TO 'APPRO- PRI~TE FUNDS FOR TRAVEL ($725~ ADOPTED f-iotion was made by Commissioner Brown, seconded by Commissioner Archer and carried 3/2 with Commissioners Wenzel and Pistor dissent- ing, to adopt Budget Amendment 78-81 within Zoning Department Bud- get to appropriate funds for travel ($725). COI.Llrr~ CC\j;J1Y,' n,or~io:II.' , a U D G r; T ^f.1 r N D 1-11-: N T I...:.-~- A~. -.......- --- _____._=':.-=~_=_=~_=_===1':r1Ir.,io7-fiC(jij;:t:;1' I fly o,::pt.. "?-,9..~.IN,G" . DESC!~lf.'!1 0:: ;.I.1D JUST I r I e',T I Oi~ or: f,j.jGin:.:t-:IJ r HCQUf:.S rm CI'rcpnro -j-;" 1.,. i p I j C~-~~l;:;' be. rc,<JIIl"d /.>.,. tho n~qllo,.tln9 Ocp'lrllr.i:!l1t. fon-tard ortglnnl and one copy to Fi~c;" orr U!:;O COOl t; rllUl t ion !ihco1'5 wId <1.1 t,1.:;h !iupport I n:;/ docurnon ta. If ncoded) To appropriate funds for Zoning Department travel from funds for printing expense. PREPP.F.ED GY Bruce Larnbrose DATE 3/17/7 DEPART1-:f.lrr APPROVAL Per Memo from C. Clemmer DATE 3/13/78 (nil S .SECTION TO OC: COI'IPl.ETED BY FrNM~CE) ACCOUNT A).:OUi'H TO: (Increase) Travel 001-3440-03-3280 $ 725.00 FROM: (Source of Funds) Printing OOl-3440-03-2054 ~ 725.00 tI!J~:~~ 2-_~1 ::.:;,;0 O'4;;~i;;~;' ;~~:i"ii: -A" :;;Y~~~:~I :~~-;'~::'_~: r~'e F!r,::.Jf ?fficcr, uric,' r(,ccipt of 1ho ;'f'I,f'I.)Vcd od!.Jln.:lI (('om tllo C.ounty f.l,H1;lS,;I', \1 f'II~:/Ii"1 ./hIS ('C:'1l1o::.' for no,'I'J n~viml ,Hid "?IIl'Oval. r<..~rlo;':il1!J r'':MnJ '-lc-tion, 'l!1\,~ Fi~~c; ?ff',(1: ~:[.1 ~ I'I'OC0,~!; ;:'r;lr.~,.'.~<! U:tc.:~~',~1 !,:;:cn',:il'(:Ilt~; il1/oll0h Accounf'in!.) .,nd ~."ill.l n n';)'{ re "no} r. r.tll:~. .Jo t!iC "':nl/(~'.lllIn n"";",,,"1::;t.;~~. f"...,..,,, ,,... P..,.,..h.,.:f".... ,..... ....__r I.,t ........:..........t. .. ." April 11, 1978 DUDGET CALENDAR FOR FY 1978-79 - TENTATIVELY APPROVED Motion was made by Commissioner 'Archer, seconded by Commissioner Fiscal Year 1978-79. Wenzel and carried, to tentatively approve the Budget Calendar for PROPOSED BUDGET CALENDAR FY 1978-79 BOARD OF COUNTY C0!1HISSIONERS Collier County. Florida 1. April II, 1978 Approval by Board of Budget Calendar, Budget Format and Account Groupings lor Budget Control Level 2. April 17 3. Apr 11 21 - 28 4. June 5 - 19 5. June 5 - 30 6. July 3 - 11. 7. July 15 8. August 1 - 11 9. August 14 thru Sept. 29 Board Aprroval of General Guidelines tor 1978-79 Budget Preparation by nepartQent Heads Submission of new budget torma and instructions to Department Heads Due dates for Departmental Budget submission to Fiscal Officer County Nl1nnger reviow ot Departmental Budgets Calculation of proposed millagoa. assembly and printing of Tentative Budget Submission of Tentative Budget by Clerk to the Board of County Commissioners DepArtmental Budget Hearings with Board Public Hearillgs and Final Adoption of Budget and Hillages COTT INDEX PROPOSAL - APPROVED Motion was made by Commissioner Wenzel, seconded by Commissioner Archer and carried, to approve proposal by Cott Index Company to Merge 1957 thru 1977 with the total cost being $19,260.25. il~C~ 041 I,iCE 36Z * * * * * L.. I. __1: .a.,.__. _.. April 11, 1978 COMMISSIONER PISTOR PPESENTS PLAQUE TO CO~,~IONER WENZEL FROM TilE SOlJTIIWES'l' REGIONAL PLlINNINIJ COMMISSION IN RECOGNITION OF OUT- STANDING SERVICE AS CH'AIRMAN 1973-76 Commissionor Piotor presented a plaque from the Southw..t Regional Planning Commission to Commissioner Wenzel in recognition of his outstanding service as Chairman from November 8, 1973 to January 15, 1976. RESOLUTIONS NOS. 78-57, 78-58, 78-59, 78-60 OF 'APPRECI'ATION TO LEGISLATIVE DELEGATION REGARDING THEIR 'ASSIST'ANCE IN EN'ABLING TilE LEGISLATION WHICH VALIDATES THE CRE'ATION OF THE COUNTY W'ATER/ SEWER DISTRICT - ADOPTED ---- Motion was made by Commissioner Archer, seconded by Commissioner Pistor and carried unanimously, that resolutions of appreciation to the LegiSlative Delegation regarding their assistance in enabling the legislation which validates the creation of the County Water/ Sewer District be adopted. * * * * * * * * * * * * * * * ~;,~~ 04i mE'364 ~:;c~ 041 fm'369 'April 11, 1978 CHAIRMAN AUTH0RIZED '1'0 SIGN CER':'IFICATE OF 'ACCEPT'ANCE FROM BUREAU OF CRININAL JUSTICE PLANNING & ASSIST'ANCE FOR GRANT NO. 78-J6-09- E~~l YOUT~_GUIDANCE VOLUNTEER PROGRAM Motion was made by Commissioner Wenzel, seconded by Commissioner Archer and carried, that the Chairman be authorized to sign Certifi- cate of Acceptance from the Bureau of Criminal Justice Planning & Assistance for Grant No. 78-J6-09-FGOl Youth Guidance Volunteer Pro- gram in the amount of $14,128 plus $1,570 local match. CERTI rrC1\TIO:l or' 1\CCf:PTAllCE: or SURGRA:IT Ali1l.RD e suhgrantee, through it~ authorized representativo, acr~owlcdgos recoipt and Acceptance suhgrant m~ard nu.":'ber 78-J6-09-FGOl in th. amount $ lL-.l23.QO · , for a project entitled Youth Guidance Volunteer Program (Assistant Director) , the period of 3/l/78 to 2/28/79 , in accordance with th~ Itcment of work contained in the sUbgrant application, and subject to the Burcau o~ ~~nal Justice's attached standard subgrant conditions governing subqrants, as well as , oIlttilched special condit'ions. 'cpted for tho Su.'Jgrantce: ~.CJ~ Ature of Author~zed Ofricial) April 11. 1978 (Date of Acceptance) lSB Wimer, Chairman ?cd ~a~c end Title of Official 1El.RED ~:;;TCH Stilte General Revenue -0- Local liard Cash $ $ 1,570.00 L .....--. .... April 11, 1978 LEAVE OF ABSENCE GRANTED TO UUILDING DEPARTMENT EMPLOYEE VINELL HILLS Motion was made by Commissioner 'Archer, seconded by Commissioner Wenzel and carried unanimously, to approve a six wee~leave of absence for Building Department employee Vinell Hills due to illness and impending surgery. RESIGNA'rION OF RALPH J. DOTSON, CHAIRMAN OF EMS - ACCEPTED. 'AUTHO- RIZATION GRANTED TO SEND LETTER OF APPRECIATION Motion was made by Commissioner 'Archer, seconded by Commissioner Pistor and carried unanimoUSly, to accept the resignation of Ralph J. Dotson, Chairman of EMS, and authorization granted to send a letter of appreciation. MISCELLANEOUS CORRESPONDENCL FILED AND/OR REFERRED There being no objection, the Chair directed that the following correspondence be filed and/or referred to the various departments as indicated below: 1. Copy of a Variance of Coastal Construction Setback Require- ments Permit for Deltona Corporation for the placement of approximately 4,500 cubic yards of sand fill. Filed.with xc to Wafaa Assaad and Rollie Rice. 2. Letter dated April 4, 1978 from the Department of Com- munity Affairs regarding the establishment of a Community Action Agency in Collier CountYl filed. 3. Letter dated April 10, 1978 from Claude E. and Birney Miller regarding the advantag~s of appointed committc6s vs. the disadvantages of elected committees; filed. 4. Copy of the bill which validates the creation of the County Water/Sewer District, which was signed by the Governor on April 4, 1978; filed with xc to Utilities Division. 5. Letter dated April 4 from Representative Mary Ellen Hawkins regarding receipt of Resolution 78-43 asking the LegiSla- ture to enact legislation for statewide gun permit issuance; filed. 6. Letter dated April 4, 1978 of no objection from FPL regard- ing the construction of a concrete sheet water control structure with self actuating weir in the Cocohatchee River IlIorse Creek). Filed with xc to Engineering and 1. L. Berzon. 7. Letter dated ~larch 31, 1978 from the DOT regarding the issu- ance of a formal notice of rule modification to Section 14-15.05, Right of Way Bureau Operating Procedures Manual; filed with xc to Engineering. u~,c~ 041 r,\CE 370 ~~c~ 041 r.\eE 371 April 11, 1978 8. Notice dated Aryril 5, 1978 from the Southwest Florida Regional Planning Coun~il regarding a meeting to estab- lish recommendations for the allocation of FY 1979 LEAA funds to criminal justice projects; filed. 9. Notice dated March 21, 1978 for tho Bureau of Criminal Justice Planning & Assistance notifying the Board that the Youth Guidance Volunteer Program subgrant has beon received and the review procedures have been initiated. Filed with xc to Kathy Manz. la. Copy of lotter dated April 3, 1978 from Dow, Lohnes & Albertson, transmitting local authorizations for the community units for Palmer Broadcasting Company as re- quired by law; filed. 11. Department of Social Services Interviews and Referrals Summary for Month of March, 1978, filed. 12. Letter dated April 4, 1978 from Homemakers Service of Collier County to Department of HRS transmitting the I-lonthly Program Objective Analysis Report for the month of March, 1978; filed. VARIOUS UTILITY EASEMENTS RE IMMOKALEE SEWER PROJECT - FILED FOR THE RECORD Pursuant to action taken by the Board on October 25, 1977, wherein the Board approved the acceptance and expenditure of funds for the recording of all Utility Easements related to the Immokalee Sewer Project, Utility Director Irving Berzon submitted the follow- ing Utility Easements, same having been recorded in the Official Records: 1. Blocker & Lewis Enterprises, Inc. 2. Eastern Mennonite Board of Missions and Charities, Inc. 3. Don V. McCarty and Evie Jean McCarty 4. Serveriano M. Conde and Maria Conde 5. Jack A. Queen and Marilyn R. Queen * * * * * * * * ~;,C~ 041l.\Gf 381 April 11, 1978 PROPOSED ANIMAL CONTROL ORDINANCE-CONTINUED. ADVERTISING AUTHO- RIZEl} FOR PUB:..rC HEARING HAY 2, 1978 Mr. Gene Staudenmaier, Animal Regulation Officer, briefly outlined the memo dated March 16, 1978 which he had submitted to the Board listing the revisions of the revised draft dated January 4, 1978. He noted that the new draft has amended the section per- taining to the leash law. Section 6, Paragraph 'A, Sub-Paragraph 2, Page 8 of the amended ordinance reads thnt it is unlawful for an animal "to run at large in or upon any public street, road, side- walk, or other public place or upon private property without the express or implied consent of the owner or leasee of such private property" which basically eliminates the entire leashing aspect of the provision, stated Mr. Staudenmaier. Also added is a provision to allow for a hearing before the Board of County Commissioners if some person is aggrieved by re- ceiving a Notice of Violation. Mr. Mike ~ewalk discussed the concern in his neighborhood of animals runninq loose on the property and the owners of the animals having no concern for this. Mr. Pickworth quoted the general pro- hibition in the amended ordinance mentioned earlier in the meeting and recorded above which makes it unlawful for animals to run at large. After a brief discu~sion, Commissioner Wenzel moved, seconded by Commissioner Brown and carried unanimously, to schedule this ordinance for official action in two weeks. Later in the meeting, it was determined that advertising would need to be done. Commissioner Archer moved, seconded by Commissioner Drown and carried, to advertise the public hearing regarding the amended Animal Control Ordinance for May 2, 1978. j...... . . j April 11, 1978 CREATION OF h MARCO ISLAND LIGHTING MST DISTRICT - ST'AFF AUTHORIZED TO ADVERTISE AT THE EARLIF.ST POSSIBLE DATE Motion was made by Commissioner Pistor, seconded by Commissioner Drown and carried unanimously, to advertise the creation of a Marco Island Lighting MST District at the earliest possible date. IMay 9, 1978) .. .. .. .. * * * .. . . * . . . RECESS: 11:01 A.M. to ll:ll A.M. .. .. * * * .. .. .. .. .. .. . . .. CHhRT DESIGNATING ORGANIZhTIONAL STRUCTURE OF DEPENDENT FIRE CONTROL DISTRICTS COVERED BY ORDINANCE - APPROVED h chart designating organizational structure of Dependent Fire Control Districts in relation to the Board of County Commissioners and the Advisory Boards was discussed. Mr. Elbert D. Tripp of Marco Island was registered to speak, however, declined. Motion was made by Commissioner Wenzel that the chart be adopted, covered by an ordinance, designating the organizational structure of the Advisory Boards and the Dependent Fire Control Districts, seconded by Commissioner Archer and carried unanimously. .. .. * .. * * * * .. * * .. ~,~:~ 041 r.\CE'38Z .. 'April 11, 1978 CHAIR DIREC'rS STAFF TO lISSIST IN DRAFTING NECESSARY RESOLUTION AND DnCUMENTS TO DE CONSIDERED AT LATER D'ATE REG'ARDING DEVELOPMENT'AL PLANS ny DbLTONA CORPORATION Mr. Abthorp of Deltona Corporation began the presentation by explaining that Deltona has been denied certain permits in Collier County by the Corps of Engineers an~, therefore, has entere~ into litigation with them regarding this decision. Recently, this liti- gation has been suspended for a period of time, said Mr. 'Abthorp, which would allow Deltona to attempt an administrative solution to the issues in the lawsuit. Tho presentation being made today, he said, will be to explain the nature of the proposed solution that Deltona is going to submit to the State of Florida and to the Corps of Engineers this month. Mr. James Vensel gave background information from the year 1964 up to the present time. Mr. Paul Larson pointed out the ecological aspects of the pro- Fosed plan. When asked for his comments, Dr. Neno Spagna, Director of Com- munity Development, explained that it appears that Delton4 is merely requesting a concept approval from the County. After more discusoion, Commissioner Archer moved that the Chair direct the Staff to assist in the drafting of the necessary resolu- tion and documentation to be considered at a later date, within 2 or 3 weeks, in regard to the proposal presented by the Deltona Corpora- tion. Motion was seconded by Commissioner Pistor and carried unani- mously. Mr. Elbert D. Tripp of Harco Island was registered to speak.. however, declined as he was in agreement with the plan presented. PROPOSAL REGARDINC VOTING MACHINES ACCEPTED WITH INSTRUCTIONS THAT SPECIFIC CONTRACT BE BROUGHT BACK Mrs. Edna Santa, Supervisor of Elections, stated that she had been requested by the Board to contact Computer Elections Systems and request that Mr. Pickett come and answer questions in regard to a new voting system. Chairman Wimer noted that the proposal had been distributed to the Board members earlier. ''', nA'; ......~Q~ ~;,C'l( 041,.IGf<385 April 11, 1978 Mr. Robert Pickett of Computer Elections Systems, in answer to on inquiry by Commissioner Archer, reported that litigation had been settled in regard to a lawsuit involving Computer Elections Systems and Fiddler & Chambers of Davenport, Iowa. 'A letter will be sent to the Board to that effect, said Mr. Pickett. Commissioner Archer moved that the new election system be approved on a trial basis ab per the new proposal and the specific contract be brought back for consideration. Motion seconded by Com- missioner Brown and carried unanimously. '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" Apr 11 11, 1978 . . . . . * * * * * * * * * RECESS: 12 :11 P.M. to 1:37 P.M. . . . . * * * * * * * * * * UTILITY DIRECTOR DERZON PROVIDES UP-DATE REGARDING IMMOKALEE WATER/ SEWER DISTRICT Mr. Derzon, County Utility Director, related that he and County ^ttorney Pickworth met with the Doard of Directors of the water utility in Immokalee. A report was given by Mr. Pickworth of the status of the bond validation, said Mr. Berzon, as the attorney had appeared b~fore Judge Carlton on March 6 for the validation hearing. After the hearing, during the 30 day appeal period, an appeal was filed by Mr. George Matthews on April 3 which puts the Immokalee bond validation procedure into a holding action, stated Mr. Berzon. Mr. Derzon also explained that some of the citizens of Immokalee are considering changing the District from the present Dependent Dis- trict to an Independent District. These citizens are presently prepar. ing to appear before the Legislature to request the formation of the District, said Mr. Berzon. A referendum will have to be held again, he said, regarding the entire procedure, with the objective being to gain greater local control. Commissioner Archer expressed concern that this may be a move done by those opposing the Immokalee Sewer District to force a refer- cndum whereby they might defeat same. Mr. Pickworth replied that he did not feel that this was the case, as the citizens proposing this are the ones who have supported the sewer district from the start. Mr. Derzon responded that Farmers Home 'Administration had been represented at the meeting to make sure that the commitment given to the present District is transferred properly to the other District. Mr. Derzon also explained that a condition would be ma.e that if the independent District were created, then and only then would the depen- dent District be phased out. This should eliminate the concern that ~-.:< 041 PAGt 388 ~~CK 0411,icE 389 April 11, 1978 the sewer di~trict mar be defeated, he said. Commissioncr Brown also expres~his--feelings that he did not want to see in this transition the sewer system delayed or cancelled out, noting the time and work already spent. He instructed the attorney to make sure that there were no diversionary tactics. '" '" '" '" '" '" '" '" * * * '" '" '" Therc being no further business for the good of the County, the mecting was adjourned by order of the Chair. Time: 2:15 P.M. BO'ARD OF COUNTY COMMISSIONERS/EX OFFICIO GOVERNING BO'ARO(S) OF SPECIAl DISTRICTS UNDER ITS CONTROL C... ~E.?)~ ATTEST: WILLIAM J. REAGAN, CLERK If..~ \J^.' · J , v' . . . ," , ~ ~ - . ,: -' -' , -.. ....: 'J, , I ~. .. ...' \ . , :~,~ - -. r c- .,:- , .. ,_.1....'