BCC Minutes 08/01/1978 R
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Naples, Florida, August 1, 1978
LET IT BE REMEMBERED, that the Board of County CommiRsioners in
and for the County of Collier, and also acting as the Governing
Donrd(s) of such special districts as have been created according to
law nnd having conducted business herein, met on this date at 9:00
A.M. in REGULAR SESSION in Building "F" of the Court~~use Complex
with the following members present:
CHAIRMAN: John A. Pistor
VICE-CHAIRMAN: David C. Brown
C. R. "Russ" Wimer
Thomas P. Archer
Clifford Wenzel
ALSO PRESENT: William J. Reagan, Clerk (10:15 A.M.11 Harold
L. Hal). Fiscal Officer/Chief Deputy Clerkl Edna Brenneman, Deputy
~:erk: C. William Norman, County Managerl Donald A. Pickworth, County
Attorney; Irving Berzon, Utility Directorl Clifford BarkSdale, County
Bngineer; Neno Spagna, Director of Community Developmentl Carl Clemmer,
Zoning Director; Mary Morgan, Administrative Aide to the Board; and
Willinm McNulty, Sheriff's Department.
AGENDA
BOARD OF COU~TY CO~~ISSIONERS
FINl.L AGENDA
August 1, 1978
HI::QUE~'fS '1'0 ADDRESS THE BOARD OF COUNTY COMMISSIONERS, \'iIlICIl ARE
NOT ON TillS AGENDA, HILL BE HEARD AT IIIA.M.
1. I NVOCA'l'ION
2. PLEDGE OF ALLEGIANCE
3. APPROVAL OF AGENDA
4. APPROVAL OF MINUTES July 11, 1978
S. PROCLAMATIONS & PRESENTATION OF AWARDS
6. ADVERTISED PUBLIC HEARINGS
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A. Petition V-78-l7-C by \'1illiam D!llender, rElCJuesting a
variance to permit the construction of a guest house
larger than permitted in S4-T51S, R26E, located on Price
Street in East Naples. (Zoning)
D. Emergency Ordinance rezoning certain lands in the Dig
Cypress purchase area to CD pursuant to court order
(continued from 7-25-78)
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August 1, 1978
lO. UTILITY DIP.ECTbR'S REPORT
A. Consultant selection reports.
(1) County \'later Supply Treatment & Transmission System.
(2) Capri \'later S"stem - Engineering Appraisal and
Evaluation.
(3) Marco Island Water-Sewer - Engineering Appraisal
and Evaluation.
B.
Sewer Area "A" - Sewage Treatment Plant - Final Accep~ance
and payment of contractor.
ll. CLERK OF THE BOARD I S REPORT
12. BOARD OP COUNTY CON.NISSIONER'S REPOr.1'r
A. Recommendation for s~gnin9 of maintenance contract
with Digital Equipment Corp. for county computer.
B. Approval and signing of annual contract (FY-1978-79)
for the special Assistant State ^ttorn~y to prosecute
viola tins of both City and County Ordinances.
13. mSCELLANEOUS CORRESPONDENCE
14. NEW BUSINESS
A. Discussion of the 5 year Capital Improvement Program.
IS. ADJOURN
AGENDA - APPROVED, I
Commissioner Wimer moved, seconded by Commissioner Archer
and carried 5/0, that the agenda be approved as submitted.
MINUTES OF JULY ll, 1978 - APPROVED AS PRESENTED
Commissioner Wimer moved, seconded by Commissioner Archer and
carried 5/0, that the minutes of July 11, 1978 be approved as presented.
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August 1, 1978
PETITION V-78-l7-c BY WILLIAM DILLENDER REQUESTING A VARIANCE TO
PEru1IT TilE CONSTRUCTION OF A GUEST HOUSE LARGER THAN PERMITTED IN
5-4, T~lS, R~6E, LOCATED ON PR1~E STREET IN EAST NAPLES - DENIED
Legal noti~e having been published in the Naples Daily News on
July 14, 1978 as evidenced by Affidavit of Publication filed with the
Clerk, public hearing war opened to consider Petition V-78-17-C by
liilliam Dil1ender requesting a variance to permit the construction of
a guest house larger than permitted in Section 4, Township 51 South,
Range 26 East, located on Price Street, East Naples.
Zoning Director Carl Clemmer explained that under present zoning
a guest house may be constructed on the property but that it cannot
exceed 40% of the floor area of the main dwelling - in this case a
secondary residence of 550 square feet can be built. The proposed
guedt house, said ~Ir. Clemmer, is for a building of BOO square feet
which seems excessive for the intended use. He said that there are many
non-conforming uses in the subject neighborhood and the staff does
not wish to crecte a rash of variance requests. It is the recommenda-
tion of the staff that the petition be denied and that the petitioner
construct a 550 square foot guest house.
The petitioner, William Dillender, explained that it is his desire
to construct a two-bedroom two-bath guest house in order to have space
for live-in care. for his elderly mother-in-law.
As was pointed out by
Mr. Clemmer, Mr. Dillendor stated that the plan is the same as the
one for which a permit was granted'in 1972 but which was permitted to
expire due to economic reasons, noting that the zoning requirements
have since been changed.
Chairman Pistor commented that the proposed use of the property
could be changed in the future in the event the land is sold with the
two properties on it, in which event one house could be rented out and
would create problems in that particular residential area. He
further explained that the ordinance was written because the public
requested it and that the public approved it.
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August 1, 1978
It wa~ suggested that if the petitione~ enlarged the main
house, he would be permitted to construct a larger guest house.
There being no persons registered to speak on the matter,
Commissioner Archer movc1 that the public hearing be closed. The
motion was seconded by Commissioner Wimer and carried 5/0.
Commissioner Archer moved to accept the recommendation of
staff that Petition V-78-l7-C by William Dillender requesting It
variance to permit the construction of a g~est.hou.e larger than
permitted in Section 4, Township 51 South, Range 26 East, be denied.
The motion was seconded by Commission~r Wimer and carried unanimously
5/0.
EMERGENCY ORDINANCE 78-79 REZONING CERTAIN LANDS IN THE BIG CYPRESS
PURCHASE AREA TO "CD" PURSUANT TO COURT ORDER-DELCARED EHERGENCY,
AND ADOPTED
County Attorney explained that the proposed ordinance being
presented for Board action is to rezone certain lands in the Big
Cypress purchase area, said rezoning having been mandated following
un nppeal filed in circuit court by the purchasers of subject ploperty.
Attorney Pickworth reviewed the background of the parcel of
land involved in the proposed ordinance stating that the land was
purchased for the purpose of constructing a campground - a provisional
use in "A-2" zoning category. The purchasers expended possibly
$60,000 to $70,000 for various engineering studies, and the like, having
paid possibly $750,000 for the land, however, under the permit
granted the provisional use expired since the purchasers were not ready
to make improvements to the ground at the end of six months and
did not request an extension. In the lawsuit which was filed, the
courts did not feel this point was significant and, therefore, ordered
a rezoning of the land to a zoning classification which would permit
campground use.
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August 1, 1978
Mr. Pickworth stated that what is happening is that the
property involved is located in the Big Cypress area which is
being acquired b~ the National Parks who is purchasing the land
on the basis of the zoning on the property and that in this
instance, as well as a few other, steps are being taken to use th€
land for higher classification than "A" Agriculture and will be
paid accordingly. Commissioner Wenzel inquired if the matter
could be appealed in a higher court with Mr. Pickworth replying
that it could be appealed but, in his opinion, the matter would no
end up any differently. He said that one court has already found
that the purchasers have made substantial expenditures and he does
not believe that any court will allow the owners to be paid a
lower price.
It was noted that there were no persons present expressing a
desire to speak on the matter.
Commissioner Wenzel moved that an emergency exists due to the
mandate by the court and that the Ordinance to rezone certain land
in the Big Cypress purchase area to "CD" be adopted. Commissioner
Wimer seconded the motion which carried unanimously 5/0. Whereupo
the Ordinance as numbered and titled below was adopted and entered
in Ordinance Book No.8.
ORDINANCE NO. 78-~
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AN ID1ERGENCY ORDINANCE REZONING CERTAIN LANDS
IN THE BIG CYPRESS PURCHASE AREA TO CD-CAHPGROUUD
PURSUANT TO COURT ORDER AND PROVIDING AN EFFEC-
TIVE DATE.
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August 1, 1978
RESOLUTION 78-118 RE POLICY STATEMENT TO GOVERN STATUS AND USE OF
"SPECIAL TRUST FUND" FOR PAYMENTS FROM GAC IN LIEU OF REQUIRED IMPROVE
MENTS IN PORTIONS OF GOLDEN GATE ESTATES - ADOPTED AS AMENDED
Utility Director Irving Berzon explained that the proposed
resolution has come about as the result of the monies received from
GAc in lieu of some improvements to roads in parts of the Golden Gate
Estates area and that it states the reasons why the monies were
accepted and the reasons why the monies should be kept intact, as
agreed upon at the time the monies were acceptea. The resolution
also resolves what can and should be done with the funds and what
should not be done with the funds, said Mr. Berzon.
Commissioner Archer inquired if, by ":'umping" the $300,000
payment together with the $1,080,000 payment into one trust fund,
~here would be any violation of the agreement made regarding the
$300,000 sum. Hr. Berzon replied that, to his knowledge, there will
not be, noting that the original agreement deals with the trust fund
arrungement uS well. Discussion followed concerning the earnings
accrued in the fund with Mr. Berzon stating that the earnings will
be plowed back into the trust fund to accumulate until such time that
the Board adopts a policy for either redeveloping or going ahead with
the existing facilities. Hr. Pickworth suggested that Paragraph 3
o{ the proposed resolution should be reworded ~o state "The funds
and earnings shall not be used in a 'piece meal' manner to . . .
Another suggested rewording, said Mr. Pickworth, is in Paragraph 1
which should read "All funds received from GAC, Inc. in lieu of
improvements and maintenance
Mr. Hall requested that the
last word in Paragraph 1 should read "account" instead of "fund".
Mr. Hall asked specifiCdlly if the funds received for roads could
be used for canals, and the funds received for canals could be used
for roads, and received an affirmative answer from the Commission
and the County Attorney. Mr. Hall pointed out that, according to
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August 1, 1978
the Resolution, no payments can be made with these funds prior
to completion of the Golden Gate Estates Redevelopment Study.
Commissioner Wimer moved, seconded by Commissioner Archer and
carried 5/0, that Resolution 78-118 regarding policy statement to
govern status and use of "Special Trust Account" re payments from GAC
be adopted, as amenued.
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August 1, 1978
CHAIRMAN ANNOUNCES SCIIEDUL.~ FOR BALANCE OF FIRST ROUND OF BUDGET
REVIEWS BY THE BOARD, ALSO, CANCELLATION OF REGULAR MEETING OF
AUGUST 8, 1978
chairmun Pistor announced that the first round of work sessions
on the budget will (~ntinue with an all-day seasion August 2, 1978
and a half-day session on August 3, 1978. He said that there will
be no Regular Meeting of the Board on Tuesday, August 8, 1978, and
that the discussion with respect to the ambulance service will be
on Thursday, August 10, 1978, said session to continue through the
balance of the day with the hope that the first round of hearings can
be concluded that afternoon. Continuing, Chairman Pistor said that
during the week of August 14, 1978 the second round of work sessions
will be held and that the public will be permitted to participate
with, hopefully, constructive suggestions regarding the budget.
The date of the public hearing for the final budget will be decided
by the end of the week of August 14, 1978, said the Chairman.
Chairman Pistor commented that he is sorry that the public
has not been in attendance to learn the workings of the various
departments so they would have an understanding of why it costs so
much money to run the County government, noting that the Board is
doing its best to keep the budget ~n line with what the taxpayers
want.
Chairman Pistor requested that the above schedule with regard
to the budget hearings be pUblished, noting the presence of members
of the news media.
PRTITION CcSL-78-7-C BY SURETY CONSTRUCTION COMPANY REQUESTING A
COASTAL CONSTRUCTION SETBACK LINE VARIANCE FOR LOTS 47 AND 48, BLOCK
VANDERBILT BEACH SUBDIVISION - ADVERTISING AUTHORIZED FOR PUBLIC
HEARING AUGUST 22, 1978
Commissioner Archer moved, seconded by Commissioner Wenzel and
carried 5/0, that Petition CCSL-78-7-C by Surety Construction Company
requesting a Coastal Construction Setback Line variance for Lots 47
and 48, Block A, Vanderbilt Beach Subdivision, for the purpose of
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August l, 1978
constructing a swimming pool and deck, be advertised for public
hearing August 22, 1978.
PETITION V-7B-15-C BY C. A. MURPHY REQUESTING A 10' SETBACK VARIANCE
FOR LOTS 1 AND 2, BLOCK A, CONNORS VANDERBILT BEACH ESTATES - ADVER1
AUTHORIZED FOR PUBLIC HEARING AUGUST 22, 1978
Commissioner Archer moved, aeconded by Commissioner Wenzel and
carried 4/1 with Commissioner Wimer dissenting, that Petition V-78-1
by C. A. Murphy requesting a 10' Setback Variance for Lots 1 and 2,
Block A, Connors Vanderbilt Beach Estates, so that a swimming pool
and raised planter may be constructed for Broadmoor Condominium, be
advertised for public hearing August 2?, 1978.
PETITION SMP-78-S-C BY ROBERT STACKPOLE REQUESTING SUBDIVISION MASTE
PLAN APPROVAL FOR RIVERWOOD EAST, LOCATED IN SECTION 10, T5lS, R26E
ADVERTISING AUTHORIZED FOR PUBLIC HEARING AUGUST 22, 1978
Commissioner Archer moved, seconded by Commissioner Wenzel and
carried 5/0, that Petition SMP-78-5-C by Robert Stackpole requesting
Subdivision Master Plan approval for Riverwood East, located in
Section lO, Township 51 South, Range 26 East, be advertised for publ
hearing August 22, 1978.
PETITION TO VACATE SOUTH 6 FOOT EASTMENT OF LOT 18, BLOCK IBB, GOLDE
GATE UNIT 6 RE GARY & DIANNE NICKELL - ADVERTISING AUTHORIZED FOR
PUBLIC HEARING AUGUST 22, 197B
Commissioner Archer moved, seconded by Commissioner Wenzel and
carried 5/0, that Petition to vacate the South 6 Foot Easement of
Lot 18, Block 188, Golden Gate Unit 6, re Gary and Dianne Nickell,
be advertised for public hearing August 22, 1978.
FINAL PAYMENT TO CITY OF NAPLES FOR INSTALLATION OF FIRE HYDRANTS RE
FLAMINGO ESTATES - APPROVED
Following County Engineer Clifford Barksdale's recommendation,
Commissioner Archer moved, seconded by Commissioner Brown and carrie,
5/0, that the Board authorize final payment to the City of Naples fo:
the installation of the fire hydrants in Flamingo Estates in the amOl
of $668.07.
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August 1, 1978
FINAL PAYMENT TO CITY OF NAPLES FOR THE INSTALLATION OF FIRE HYDRANTS
RE GUILFORD ACRES - APPROVED
Following County Engineer Clifford Barksdale's recommendation,
,Commissioner Archer moved, seconded by Commissioner 3rown and carried
5/0, that the Board authorize final payment to the City of Naples for
the installation of the fire hydrants in Guilfor~ Acres in the Amount
of $128.26.
DOARD AUTHORIZES APPROPRIATION OF $2,500 FROM GENERAL FUNDS
CONTINGENCY ACCOUNT FOR ERECTION OF SIGNS PURSANT TO ENLARGEMENT
OF "NO DISCHARGE OF FIRE ARMS" ORDI~ANCE
County Engineer Barksdale recalled that in June the Board approve
an ordinance amending the "No Discharge of Fire Arms" Ordinance to
enlarge the area and that the staff was directed to report back for
recommendations for funding the cost. He said that it is being re-
quested that the funds be made available from the General Fund Canting
Account rather than the Road and Bridge Budget due to the fact that
the signs involved have nothing to do with that Department'u tunction~
Commissioner Wenzel suggested that if there was a rifle range
open to the public it might cut down on the indiscriminate shooting
activities. Commissioner Archer pointed out that the proposed range
could only be used by authorized personnel for sec~rity reasons;
however, he said that the American Rifle and Pistol Association is
proposing a range somewhere close to the area which will be open to
the public if the plan materializes which, in his opinion, is a good
idea.
Commissioner Wimer moved, seconded by Commissioner Wenzel and
carried 5/0, that the request for funding, as recommended by
~Ir. Barksdale, be approved in the amount of $2,500, said funds to
be appropriated from the General Fund Contingency Account.
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August 1, 1978
BOARD APPROVES STAFF RECOMMENDATION FOR REVISIONS TO HOURS OF OPERATION
OF MVI STATIONS TO COMPLY WITH STATE-MANDATED SATURDAY OPENING; STAFF
DIRECTED T0 RESEARCH STATUTES nE QUESTION OF BCC ADOPTION OF OrERATING
HOURS RE SAME
County Engineer Darksdale explained that, to comply with the State',
mandate that one MVI station within the County be open on full day on
Saturday, it is his recommendation that the station in Immokalee be
open on Saturday and closed Monday. He said that there would be no
increase in the operating costs of the station, noting that the
Inspector has agreed to work on Saturdays. Mr. Barksdale stated that
there has been a change in the proposed operating hours for the
Naples station from the schedule previously submitted. The recommenna-
tion, said Mr. BarkSdale, is for the Uaples MVI station to be open
from 8:ls A.M. until 5:00 P.M. for weekdays and 8:15 A.M. until
l2:00 noon on Saturdays. This can also be done without any increase in
operating costs, said Mr. Barksdale, due to the availability of funds
set aside for overtime and part-time employees in the event it was
needed on "heavy" days.
Commissioner Brown moved, seconded by Commissioner Wenzel, that
the operating schedule recommended by Mr. Barksdale be approve~. The
motion carried 5/0.
Discussion followed concerning the necessity of the Board having
to approve such matters since there were no budget changes inVOlved,
with Commissioner Wimer pointing out that it is an administrative
matter involving adjustments to employee's work schedule. The staff
was directed to research the matter with regard to whether or not
the Statutes state that the Board must adopt the operating hours of
the Motor Vehicle Inspection Stations.
BOARD APPROVES DATE OF AUGUST 29, 1978 FOR HEARING PRESENTATIONS BY
CONSULTANTS RE MVI STATION AND SOLID WASTE TRANSFER STATION AND FOR
THE SELECTION OF THE '1, '2, AND '3 FIRMS
Commissioner Wimer moved, seconded by Commissioner Archer and
carried 5/0, that the Board establish the date of Aug 29, 1978
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August 1, 1978
for hearing presentations (15 minute duration) by the fivQ firms
who have expressed an interest in being considered for the new
Motor Vehicle Station and the new Solid Waste Transfer Station,
and for the selection of the 01, '2 and 13 firms, as recommended
by County Engineer Barksdale.
BOARD APPROVES ACCEPTANCE AND RECORDATION OF 2 DRAINAGE EASEMENTS FOR
INSTALLATION OF DRAINAGE FACILITIES IN CONNORS VALDERBILT BEACH ESTATE!
UNIT 2 (C. W. AND SHIRLEY MARTINI AND A. E. AND DOROTHY J. HOWELL I
Commissioner Wimer moved, seconded by Commissioner Wenzel
and carried 5/0, that the Board approve the acceptance and recoroation
of two Drainage Easements for the purpose of installing drainage
facilities in Connors Vanderbilt Beach Estates, Unit 2, from Charles
W. and Shirley Martin, and Arnold E. and Dorothy J. Howell, as
requested by County Engineer Barksdale.
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August 1, 1978
RESOLUTION 78-119 RE PETITION SNR-7B-8-C BY BRUCE SUITER REQUESTING
STREET NAl1E APPROVAL FOR S'...nEET TO BE J<NOWN AS "ROSE /l.PPLE LANE" IN
SECTION 23, T50S, R26E - ADOPTED
Dr. Neno Spagna, Director of Community Development, located the
street under petition by Bruce Suiter '(SNR-7B-B-CI for approval of the
name of "Rose Apple Lane" as being in Section 23, Township 50 South,
Range 26 East, further described as being in the vicinity of Rattlesn~
Hammock Road and Sabal Palm Road. lie said that six of the ten propert
owners are in favor of the street name designation. Responding to
County Attorney Pickworth regarding the opinion of the four remaining
property owners, Dr. Spagna stated that the petition submitted include
only the names of the six property owners contacted, noting that the
procedure requires one more than 50\ of the owners be in favor of the
petition. Apparently, said Dr. Spagna, the petitioner only contacted
the aforementioned six. Mr. Pickworth commented that there should
be an opinion as to whether or not there is a block of opposition to
the peti~ion. Dr. Spagna stated that he has not received any calls,
correspondence or visits from anyone in this regard.
Commissioner Wenzel moved, in the interest of majority rule,
that Resolution 78-l19 re Petition SNR-7B-B-5 by Bruce Suiter requesti
street name approval for a street to be known as "Rose Apple Lane"
located in Section 23, Township 50 South, Range 26 East, be adopted.
The motion was seconded by Commissioner Wimer and carried 5/0.
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August 1, 1978
RESOLUTION 78-120 RE PETIT!ON SNR-78-9-C BY REMUOA RES0RT REQUESTING
STREET N~IE APPROVAL FOR STREETS IN SECTIONS 4 AND 9, T52S, R28E, TO
BE DESIGNATED REr-IUDA RESORT ROAD, NORTH, AND REMUOA RESORT ROAD, SOUTI
ADOPTED
Following brief explanAtion by Dr. Neno Spagna, Director of
Community Development, Commissioner Archer moved, seconded by
Commissioner Wenzel and carried 5/0, that Resolution 78-120
re Petition SNn-78-9-C by Remuda Resort requesting street name
approval for two streets in Sections 4 and 9, Township 52 South, Rangl
28 East, to be named Remuda Resort Road, North and Remuda Resort Road,
South, be adopted.
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August 1, 1978
REQUEST TO INCREASE AMOUNT OF AWARDED CONTRACT ON BID .309 (DICTAPHON
CORPORA~ION) TO INCLUDE AUTOMATIC TIME SEARCH EQUIPMENT IN THE AMOUNT
OF $500 - APPROVED
County Manager Norman advised that, through error, the staff
omitted one item from the recommendation to the Board with regard
to Bid .309 which w~s awarded to the Dictaphone Co~poration on July
ll, 1978, said item consisting of Automatic Time Search equipment,
and requested that the amount of the Agreement re same be increased
in the amou.lt of $500. He said that the equipment involved is part
of the original program and fun~ing for the item, as well a~ all of
the equipment in the program, is covered in its entirety by State and
Federal monies.
Commissioner Archer moved, seconded by Commissioner Wimer
and carried 5/0, that the contract with Dictaphone Corporation
re Bid '309 be increased $500 to cover the cost of the Automatic
Time Search equipment, as recommended.
RESOLUTION 78-121 PROVIDING FOR T~:::: ASSESSMENT OF LIENS FOR THE COST
OF ABATEMENT OF PUBLIC NUISANCE RE CERTAIN PROPERTIES (SPENCER - MARC
ISLAND, AND ALFORD - NAPLES PARK) - ADOPTED
Commissioner Archer moved, seconded by Commissionp-r Wenzel and
carried 5/0, that Resolution R-78-121 providing for the assessment of
li~ns for the cost of abatement of public nuisance re David Spencer,
Block 424, Lot 1 Marco Island Unit 13, and H. L. Alford, Block 55,
Lots 4-5, Naples Park, Unit 5, be adopted.
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August 1, 1978
RESOLUTION 78-122 PROVIDING FOR THE ASSESSMENT OF LIENS FOR THE COST
OF ABATEMENT OF PUBLIC NUISANCE RE CERTAIN PROPERTIES IN NAPLES PARK
(DALASIC, MICHEL, MARCIL AND REMYI - ADOPTED
Commissioner Archer moved, seoonded by Commissioner Wenzel and
carried 5/0, that Resolution 78-122 providing for the assessment of
liens for the cost of abatement of publio nuisance re certain Naples
Park properties owned by Alber Balasic, Sabine Michel, Florenco
II. Marcil and Richard M. and Judy Remy be adopted.
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August I, 1978
DISCUSSION OF WORKMENS' COMPENSATION PROGRAM - CONTINUED UNTIL
LATER IN THE SESSION
Due to Clerk William Reagan'. inability to be present at this
time, Chairman Pistor directed that the matter ~oncernin9 Workmens'
Compensation be continued until later in the Session.
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RECESS: 9:55 A.M. until 10:05 A.M.
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GUN PERMIT NO. /B-ll RE WILLIAM SIMMONDS, AND NO. 78-12 RE JOHN H.
DOUGLAS, JR. - APPROVED
County Manger Norman stated that the Gun Permit Applications
being presented for Board consideration have been reviewed for
compliance with the pertinent ordinance. Commissioner Wenzel
inquired if the applications have been approved by the Sheriff's
Department with Mr. William McNulty, Sheriff's Department, responding
in the afirmative.
Commi~sioner Wenzel moved, seconded by Commissioner Archer
and carried 5/0, that Gun Permit No. 78-11 for William Simmonds,
and Gun Permit No. 78-l2 for John H. Douglas, Jr., be approved.
RECOMMENDATION FOR AUTHORIZATION TO FILL POSITION OF ASSISTANT
COUNTY MANAGER - APPROVED, ~mNDMENT TO FY 78-79 BUDGET RE
SAME - AUTHORIZED
County Nanager Norman stated that he is recommending that the
budget for FY 78-79 contain the necessary funds for the filling of the
position of Assistant County Manager and stated that the executive
summary provided to the Board outlines the reasons why he believes
the position is important. His recommendation, said Mr. Norman, is
that the matter proceed on the basis of the job description in
existence for the subject position and at the pay range presently
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August 1, 1978
established. Mr. Norman said that the reason that formal action
by the Board is being requested at this time i8 so that he
can begin the selection process and it is important that funds be aSBur,
in next year's budget for the position before the selection process
io too far along.
Commissioner Archer moved, seconded by Commissioner Wenzel
and carried 4/l with Commissioner Wenzel voting ~ontrary, that
authorization be given to fill the position of Assistant County
Manager and that the FY 78-79 Budget include appropriations to fund
the position, as recommenued.
Later in the session Commissioner Wenzel explained that he
w~s opposed to the recommendation because, in his opinion, improper
use is being made of the existing personnel in the County Manager's
office, citing an example. Mr. Norman explained his reasons for
ussigning the tasks being performed by the individual in question,
stating that it is his opinion that the function is important to
him as County Manager.
~OCIAL ~ERVICES CASE W-48l - APPROVED
Commissioner Archer moved, seconded by Commissioner Wimer
and carried 5/0, that Social Services Case W-48l be approved.
REQUEST BY FORD MOTOR COMPANY TO USE THE IMMOKALEE AIRPORT FOR
VEHICLE TESTING - DENIED
Following brief explanation of the request by Ford Motor Company
and what is involved, presented by County Manager Norman, Commissioner
Brown moved, seconded by Commissioner Wenzel and carried 5/0, that
the request for the use of the Immokalee Airport for vehicle
test be denied.
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August 3, 1978
BOARD ESTABLISHES AUGUST 22, '1978 FOR CONDUCTING INTERVIEWS OF
SHORT-LIST OF CANDIDATES FOR THE DEVELOPMENT OF ENGINEERING PL~ .~S
FOR THE COUNTY WATER SUPPLY TREATMENT AND TRANSMISSION SYSTEM
Utility Director Irving Berzon reported on the activities of th,
Selection Committee appointed to review the quali~ications of the
various consulting firms who submitted their credentials for the
development of engineering plans for the County Water Supply Treat-
ment and Transmission System. He said that the Committee has
short-listed the respondees to six firms and recommends that ora 1
presentations be made by each of the applicants to enable the
Board to make its final designation of the Number 1, 2, and 3
Selectees, said presentations to be scheduled for August 22, 1978,
beginning at 1:30 P.M., and that each Consulting Firm be limited
to a 20-minute presentation.
Commissioner Wenzel moved, seconded by Commissioner Wimer, that
the six candidates be interviewed on August 22, 1978, as recommended
by Hr. Berzon.
Mr. Berzon explained what the chosen firm will be expected to
do regarding the development of the preliminary engineering plans,
noting that the firm will not necessarily be the one to do the actuul
final plan design for the plant and transmission system - he will act
as the general consultant to the project. Mr. Berzon said that in
addition to being qualified technically, the background and experiencI
in projects of the nature under discussion and going to bond issues,
selling bond issues, and their credibility in the bond market is a
factor and an extremely important point to be considered since the
activity will result in the sale of a substantial amount of bonds.
Upon call for the question the motion carried unanimously
5/0.
uX'K G42 Pl.::; 613
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August 1, 1978
CONSULTANT SELECTION COMMITTEE REPORT RE ENGINEERING APPRAISAL
AND EVALUATION OF CAPRI WATER SYSTEM - DEFERRED UNTIL LATER DATE
Utility Director Irving Berzon advised that the Consultant
Selection Committee Report regarding the engineering appraisal
and evaluation of the Capri Water System is not r.eady and requested
that the matter be deferred until a later date. The Chairman so
directed.
BOARD ESTADLISIlES AUGUST 15, 1978 AS DATE FOR CONDUCTING INTERVIEWS OF
CANDIDATES FOR ENGINEERING APPRAISAL AND EVALUATION RE MARCO ISLAND
WATER/SEWER UTILITIES
Commissioner Archer moved, seconded by Commissioner Wimer, that
August 15, 1978, beginning at 1:30 P.M., be established as the date
[or the Board to hear oral presentations by the seven consultants,
short-listed from tho applicants by the Consultant Selection Committee,
with regard to the engineering appraisal and evaluation of the Marco
Island Water/Sewer Utilities as recommended by the Utility Dir~ctor
Irving Derzon.
Commissioner Wenzel suggested that a short-list of four or five
firms woulu have been sufficient considering the value of the project
with Mr. Derzon explaining that the project is not a normal type of
engineering project involving the building of something, but rather
an inventory and evaluation project. The firm selected, said Mr.
Berzon, has to have credibility in the bond market since this is a
tool needed to acquire the utilities, adding that, although it does
not seem like a large project, possibly ten or twelve million dollars
could be involved ultimately.
Upon call for the question the motion carried 5/0.
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August 1, 1978
FINAL PAYMENT OF OUTSTANDING RETAINAGE TO INTE~COUNTY CONSTRUCTION
CORPORATION RE AREA "A" WAb'rEWATER TREATEMENT PLANT, IN THE AMOUNT
OF $25,000 - APPROVED; MAINTENANCE BOND COVERING SPECIFIC ITEMS
~NDER WARRANTY FOR ONE-YEAR PERIOD IN THE AMOUNT OF $5,000 - ACCEPTED
Commissioner Archer moved, seconded by Commissioner Wenzel
and carried 5/0, tha~ the Board approve final payment to Intercounty
Construction Corporation, in the amount of $25,000, regarding Area
"A" Wastewater Treatment Plant, and accept the Maintenance Bond, in
the amount of $5,000, covering specific items under warranty by
Intercounty Construction corporation for one-year periOd, as approved
and recommended by Utility Director Irving Berzon.
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BOOK 042 PA~, 615
b~,'~ 042 FA::: 618
August I, 1978
ROUTINE BILLS - AUTHORIZED FOR PAYMENT
Upon the advice of Fiscal Officer Harold Hall that the subject
bills have been processed following established procedures and that
fund3 are available, Commissioner Wenzel moved, seconded by Commissioner
Brown and carried 5/0, tha~ the bills be approved for payment as wit-
nessed by the following warrants issued from July 26, 1978 through
August 1, 1978:
FUND
County Warrants
BCC Payroll
General Fund
Road & Bridge
Golden Gate I & S
Collier County Fire Dist.
lmmokalee Water/Sewer
Special MSTD' s
Collier County Li~hting
Sewer District "A
Marco Water/Sewer
Victoria Park Drainage
Federal Revenue Sharing
Collier County Water/Sewer
Aquatic Weed
Golden Gate Fire
Henderson Creek Fire
Ochopee Fire District
CETA
Water Management
Sewer District "AU Revenue
Special Road Assessment
Collier County Water/Sewer
Utility Division
Municipal Services Taxing
Anti-Recession/Federal Revenue
Sharing
Capital Improvement Rev. Cert.
Grants and Gifts
Grants & Gifts (LPW)
Immokalee L:1.ghting
WARRANT ~.
7659
47306
37
33
13
15
9
13
12
9
13
8
8
10
17
12
4
13
19
22
26
17
21
23
16
9
17
6
7
7900
47548
38
35
16
14
20
23
23
25
17
10
18
BUDGET AMENDMENT TO APPROPRIATE FUNDS FOR THE PURCHASE OF A STOR~GF.
SHED FOR PARKS DEPARTMENT EQUIPMENT USED AT THE COURTHOUSE GROUNDS _
CONTINUED TWO WEEKS
Fiscal Officer Harold Uall explained that a budget amendment is
being presented for Board approval to appropriate funds for the purchase
of a storage shed for Parks Department equipment which is used at the
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August 1, 1978
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Courthouse grounds in the amount of $590.
Commissioner Archer moved that the subject budget amendment
be adopted.
As ~ result of the discussion which followed, it was the consen
of the Board that the matter be further reviewed with regard to the
storage problem and that a better suggestion be recommended or that
the proposal in the budget amendment be further considered. Com-
missioner Archer withdrew his motion and the Cl.airman directed that
the matter be brought back to the Board August 15, 1978.
CHAIRMAN AUTHORIZED TO EXECUTE MAINTENANCE CONTRACT WITH DIGITAL
EQUIPMENT CORPORATION RE COUNTY COMPUTER EQUIPMENT
Mr. Fred Marks, Data Processing Director, explained what is
included in the Maintenance Contract with Digital Equipment Corporatj
for the County Computer Equipment, referring to the Executive Summar)
furnished the Commissioners. The staff recommendation is that the
Board authorize the Chairman to sign the subject Basic Service
Agreement with the firm for 12-hour, Monday through Friday coverage.
It is also being requested, said Mr. Marks, that the Board authorize
the Chairman to sign addendums to the basic contract as recommended
by the Fiscal Officer. Mr. Hall explained that for economy purposes
Mr. Marks has scheduled the purchase of equipment over a period of
time in order to avoid paying maintenance costs on said equipment
until it is necessary. He also said that funds have been budgeted.
Commissioner Archer moved, seconded by Commissioner Wimer and
carried 5/0, that the Chairman be authorized to sign the Basic Servic
Agreement with Digital Equipment Corporation to establish maintenance
coverage for the Co~nty's computer equipment, as requested by Mr. Mar
alsoj that the Chairman be authorized to sign, after review by the
Fiscal Officer, subsequent additions to the maintenance contract
as the County acquires additional equipment.
BOCK 042 pm Bi9
August 1, 1978
APPROVAL AND SIGNING OF ANNUAL CONTRACT (FY 78-791 FOR THE SPECIAL
ASSISTANT STATE ATTORNEY TO PROSECUTE VIOLATIONS OF BOTH CITY AND
COUNTY ORDINANCES - CONTINUEO UNTIL AUGUST 15, 1978
County Attorney Pickworth explained that the Agreement between
the City and County whereby each governmental entity would evenly
divide the salary for the special Assistant State Attvrney, who was
hired to prosecute violations of City and County ordinance, expired
July 1, 1978. It is recommended, said Mr. Pickworth, that the
Agreement be renegotiated and, based, on actual experience, it is felt
that since the County uses a larger portion of the individual's time,
that the Agreement stipulate that the County will pay two-thirds of
the salary, and the City one-third. He said that the County has a
slight advantage because of the individual's physical proximity to
the County staff people. Mr. Pickworth pointed out that the program
has been successful not only in criminal convictions of persons
viol~ting ordinances but the attorney has also managed to get
voluntary compliance to ordinances which is probably the most important
aspect. The proposed agreement has not been presented to the City
Council, said Mr. PiCkworth, but if approved by the Board the contract
will be transmitted to the City for their approval.
Commissioner Wenzel moved, seconded by Commissioner Archer, that
the proposed contract between the City and the County regarding the
special Assistant State Attorney, as outline by tlr. Pickworth, be
approved and submitted to the City.
Clerk William Reagan pointed out that when a person is charged
with a violation of a City ordinance the fine goes back to the City
and does not stay in the County court system and requested that he
be given time to review the pertinent figures before the Board makes
a decision regarding tho division of salary as proposed. Mr. Pickworth
said that the arrangement was based not on the number of violations
but rather on the amount of time spent and suggested that the contract
o~~s 042 fl.~, 621'
B~C~ 042 n~: '622
August 1, 1978
could be ~pproved by the Bo~rd subject to a review of the figures
as proposed by Mr. Reagan.
Commissioner Wimer commented that the individual in the State
Attorney's office has heen beneficial and for the first time the
zoning Department personnel have confidence that when they cite
someone for a violation that the situation will be corrected without
the case sitting in court for up to two years or more. He said that
it should be made known to everyone, esppcia1ly the Zoning Department,
that the Board wants strong enforcement of the zoning laws.
At the direction of the Chair, the matter under discussion
was continued until August 15, 1978 to permit further review and
~..:commendations.
Mr. Mike Zewalk questioned whether or not any funds were coming
in with regard to the "dog leaRh" ordinance recently enacted.
Commissioner l'lenzel noted that he would provide Mr. Zewalk with a
copy of the report in this regard foUowing the meeting. Commissioner
Drown stated that funds are coming in, noting that he personnally
paid a fee for his own dog recently which he would not have had to
pay without the ordinance.
E. W. SIVER'S RECOr~ENATION FOR PARTIAL SELF-INSURANCE PROGRAM RE
WORKMEN'S COMPENSATION, AND FOR ADEQUATE STAFFING FOR THE PROGRAM -
APPROVED
County Manager Norman reported that, pursuant to Board direction,
E. W. Siver and Associates, Inc. have taken bids and provided a
recommendation regarding the matter of partial self-insurance for
Workmen's Compensation coverage. He said that the recommendation,
which is estimated to result in a savings of approximately $82,000 in
the coming year for the subject coverage, includes a proposal for
purchasing Aggregate Excess insurance, and the cost for that insurance
is included in the projected savings. This insurance, said Mr.
Norman, is recommended because the County does not have any cash
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August 1, 1978
reserves for the purpose of paying an abnormally large number of
substantial claims, adding that it is the middle ground of ins~rance
which would add additional protection if there were a number of
large claims which did not fall in the exce.. coverage whiCh is
the large emergency-type coverage.
Mr. Norman said that it is further proposed and presumed in
the recommendation that the County would continue to provide the
normal carrier and that the excess funds which are not necessary in
providing for the expenses of the program or in paying out claims
would be accumulated from year to year to build reserves which
would allow further self insurance than is proposed at this stage.
lie said that the staff has reviewed the recommendations and feel
that, with the explosive inflation involved in insurance coverage,
it is to the advantage of the County to proceed toward partial
self-insurance both in Workmen's compensation and, in the future,
with other types of insurance.
Mr. Norman continued by stating that a further recommendation
of the Siver's organization i~ the creation of a specific risk
management unit of the County Government where the responsibility
for the entire insurance risk management sa~ety program would be
centralized in one individual. He said that the staff feels it
is important with the added responsibility of eelf insurance that
this recommendation be implemented, commenting that this would be
an ideal time to do this since the projected savings would pay the
cost for the operation and still see a substantial savings. The
budget proposed by Siver, said Mr. Norman, is $27,000 which would
include compensation for the risk manager and secretary, noting
that there will still be $55,000 projected savings.
Commissioner Wimer suggested that the proposed $27,000 for
the personnel, office space, supplies, and the like might be too
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B~CK 042 p~:~ 624
August I, 1978
low and, in response to Comm~8.ioner Wenzel'. query concerniog
the present administration of insurance matters, Mr. Hall explained
that they have been handled by various persons as time permitted;
how\:lvcr, he said that '~he County has passed the point where this
is a viable arrangement and that a knowledgeable person is needed
to devote full time to the program.
Discussion followed concerning the recommendations outlined by
Mr. Norman with various suggestions forthcoming regarding the use
of existing personnel, CETA personnel, and the like. Fiscal Officer
Harold Hall agreed with Commissione).; Wimer in that a more realistic
cost figure for the proposed positions and miscellaneous supplies,
ulld the like, could total a maximum of $40,000, hopefully more like
$30,000 or $35,000, depending upon the kind of efficiency that
can be worked out by not devoting too much "people" time to the
program. Since this could be funded through the premium savingR,
said Mr. Hall, what it would mean is that there would be no
increase in the proposed budget this year but, it would decreaAe,
by whatever amount spent, the funds which would be put into reserves.
Mr. Hall said that, in his opinion, the program can be successful
and that the area of Workmen's CompenDation is an area which ca~
bring in significant sav1ngs with little effort.
Following Mr. Norman's explanation of what the Board is being
asked to approve, Commissioner Wimer moved, seconded by Commissioner
Archer, that a budget amendment be prepared for the implementation
of the Risk Management Program, and that contracts be awarded for the
purchase of insurance (Insurance Company of North Americal and for
Risk Management Services (Arthur J. Gallagher & Co.), as contained
in the recommendations by E. W. Siver & Associates, Inc.
Commissioner Archer, in his seconding of the motion, requested
assurance that adequate staff would be provided prior to the imple-
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1\ugust 1, 1978
mentation of the Program. During the discussion which followed,
it was suggested that this matter would be part of the budget
amendment and it was tho consensus of the Board that the program
remain under Clerk Reagan's Department until or unless further
action is taken by the Board.
Upon call for the question, the motion carried 4/1 with
Commissioner Brown dissenting, commenting that the details of
the program have not been SUfficiently worked out as yet.
cHAIHMAN AUTHORIZED TO SIGN CERTIFICATE OF ACCEPTANCE FOR LEAA GRANT
TO SUPPORT SHERIFF'S COMMUNICATIONS UPGRADE PROJECT 177-A2-09-CEOl,
PHASE II
Commissioner Archer moved, seconded by Commissioner Wimer and
carried 5;0, that the Chairman be authorized to sign Certificate of
^'-ceptance for LEAA Grant to support the Sheriff's Communications
Upgrade Project '77-A2-09-CE01, Phase II, as recommended by staff.
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Bm 042 p~~zB25.
August 1, 1978
CIIAIRHAN AUTHORIZED TO SIGN, AFTER-THE-FACT, COOPERATIVE FIRE CONTROL
AGREEMEN'f WITH DIVISION OF FORESTRY FOR FIRE PROTECTION OF FOREST AND
WILD LANDS WITHIN THE COUNTY EFFECTIVE AUGUST 1, 1978
Commissioner Wimer moved, seconded by Commissioner Archer and
carried 5/0, that the Chairman be authori.e~ to sign, after-the-fact,
cooperativo Fire Control Agreement between Department of Agriculture
and Consumer Services, Division of Forestry, an~ Collier County to
provide fire protection of 824,958 acres of forest and wild lands
within Collier County, said contract to begin August 1, 1978.
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23. Letter dated July 25, 1978 from David H. Dixon, Associate
Irternationsl Systemq, Inc., transmitting copy of the
application for Food & Nutrition Grant - Filed for the
record.
24. Letter dated July 21, 1978 from Cecil F. Higgs, Dureau
Chief, Community Action Program, Department of Community
Affairs, indi~~ting that additional federal funds are
becoming available re Food and Nutrition Gra~t - applica-
tion must be in by 8/1/78 - Filed.
DISCUSSION RE CAPITAL IMPROVEMENT PROJECTS AS PROPOSED BY THE CAPC _
LIST OF PROJECTS - ACCEPTED FOR THE RECORD AND REFERRED TO COUNTY
NANAGER FOR FURTHER STUDY AND RECOMMENDATIONS
Chairman Pistor referred to the list of projects in the Carital
Improvement Program which were distributed previously to the Board,
noting the he and Fiscal Officer Harold Hall are traveling to New
York City on August 4, 1978 to determine what can be done about funds
to partially finance the projects.
County Manager Norman commented that he has reviewed the list
of projects but that he is not in a position at this time to recommend
adoption of the program; that it will take several months to be in
such position. He suggested that it should be received and recognized
as a good compila~ion of prospective projects which can be ref.elred
to and updated as time goes on.
The list of proposed projects was discussed briefly with Com-
missioner Wenzel commenting that he would prefer that some of the
projects be put on a ballot and let the people decide - noting that
he is not going to spend $2,000,000 or $3,000,000 without such
approval. Commissioner Wimer questioned why some of the projects
keep appearing for consideration when they have been previously turned
down.
Clerk William Reagan explained that the Capital Improvement
Program is prepared in the context of what might be needed in the
future - for instance eight to ten years from now - and is useful for
planning purposes.
Commissioner Wimer moved, seconded by Commissioner Archer
and carried 5/0, that the proposed Capital Improvement Program be
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:1~X 042 ,~~( 834
August 1, 1978
accepted for the record, with a letter of appreciation to the
Chairman of the Coastal Area Planning Commission, and that the
Program be referred to the County Manager for his further study
and recommendation.
There being no further business for the good of the County,
the meeting was adjourned by order of the Chair - Times 11120 A.M.
BOARD OF COUNTY COMMISSIONERS/EX
OFFICIO GOVERNING BOARD(SI OF SPECIAL
DISTRICTS UNDER ITS CONTROL
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