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BCC Minutes 09/26/1978 R '..-1 1:1 r:J Napl03, Florida, September 26, 1978 LET IT BE REMEMUERED, that the Doard of County Commissioners in and for tho County of Collio~, and also acting as tho Govorning Board/a) of such spocial districts as have been created according to law and having conducted business herein, mot on this date at 9:00 A.M. in Regular Session in Duilding "F" of the Courthouse Complex with the following members present I VICE-CIIAIRl>1J\NI David C. Brown C. R. "Russ. Wimer Thomas P. Archer Clifford Wenzel ABSENTI John A. Pistor, Chairman ALSO PRESENT: Harold L. Hall, Chief Deputy Clerk/Fiscal Officer; Edna Brenneman, Deputy Clerk; C. William Norman, County Manager; Donald Pickworth, County Attorney; Irving Berzon, Utility Director; Clifford Uarksdalc, County Engineer; Carl Clemmer, Zoning Director; l1ary Morgan, Administrative Aide to the Board; and Deputy Chief Raymond Barnett, Sheriff's Department. AGENDA BOARD OF CO~~rY C01~tISSIONERS FI:\AL AGENDA Septe~er 26, 1978 R2QUESTS TO ADDRESS THE BOARD or COUNTY CO~J1ISSIONERS, WHICH ARE NOT ON THIS AGENDA, WILL BE HEARD AT 11:00 A.M. 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. ~OVAL OF AGENDA 4. APPROVAL OF MINUTES: Sopte~ber 12, 1978 5. PROCLAMATIONS & PRESENTATIO:\S OF AWARDS * A. Proclamation establishing week of Oct. 1 through Oct. 7, 1978, as NATIONAL 4-H CL~a WEEK. Progress report on 4-H activities in Collier County. ~GCX 044 "A~~ 1 ~OOK 044. rJ.~: 4 September 26, 1978 AGENDA - APPROVED WITH ADDITIONS County Manager Norman requested the following items be added to the published agendal l. Proposed ordinance re reciprocity with City of Naples for licensing of contractors - Authorization for advortising for pUblic hearing. 2. Proposed ordinance re sale of alcoholic beverages and regulation of hours - Authorization for advertising for public hearing. Commissioner Wenzel moved, seconded by Commissioner Wimer and carried 4/0 with Commissioner Pistor not present, that the agenda be approved with the above-referenced additions. HINUTES OF SEPTEMBER 12, 1978 - APPROVED AS SUBMITTED Commissioner Wenzel moved, seconded by Commissioner Archer and carried 4/0 with Commissioner Pistor absent, that the minutes of tho moeHng of September 12, 1978 be approved as submitted. PROCLAMATION ESTABLISHING WEEK OF OCTOBER 1-7, 1978 AS "NATIONAL 4-11 CLUD WEEK" - ADOPTED Following his reading ~f the Proolamation, Commissioner Wenzel moved, seconded by Commis~ioner Archer and carried 4/0 with commissionel Pintor not present, that the Proclamation establishing the week of October 1 through 7, 1978 as "National 4-1{ Club Week" be adopted. The Proclamation was accepted with appreciation by Ms. Linda' Denning, County 4-1{ Coordinator, who introduced two County 4-H Council representatives, Miss Jennie Fruechtemeyor and Miss Paula Marks, who repo'rted on the recent accomplishments of the 4-1{ group and its plans for the future. * * * * * * * * * * . * r --'1 r--- , r T1 ~GC~ 044 r~~= 6 September 26, 1978 MILLAGE FOR COLLIER COUNTY LIGHTING DISTRICT FOR FY 70-79 - ADOPTED Legal notice having been published in the Naples Daily News on September 20, 1970 as evidenced by Affidavit of Publication filed with.the Clerk, publio hearing was opened to consider the proposed millage lor FY 79-79 for the Collier County Lighting District. Fiscal Officer Harold Hall explained that there has been significant increased expenses in operating costs in the Collier County Lighting District, requiring increased payments during the current year, which the District was unable to complete without a small loan. The increased costs for t~e coming year, plus paying back the $10,000 loan in the current year, said Mr. Hall, has resulted in a 56% increase in the property tax ad valorem levy above that certified by the Property Appraiser. There being no persons registered to sp~ak on the matter, Commissioner Wenzel moved, seconded by Commissioner Archer and carried 4/0 with Commissioner Pistor absent, that the public hearing be closed. Commissioncr Wenzel moved, seconded by Commissioner Wimer and carried 4/0 with Commissioner Pistor not present, that the Collier County Lighting District millage for FY 79-79 be adopted. RESOLUTION 79-147 FINALIZING PY 78-79 MILLAGES - ADOPTED Fiscal Officer Harold Hall stated that the proposed resolution being prcaented for Board action is to finalize all millages to be levied by thc Board of County Commissioners including all County-wide mi1lages, County Government, special tax districts and independent tax districts. Commisaioner Wenzel moved, seconded by Commissioner Wimer llnd carried 4/0 with Commissioner Pistor not present, that Resolution 78-147 finalizing tho FY 79-79 mtllages be adopted. , '---1 r T1 .ll .. . I 1 I Septembor 2G, 1978 RESOLUTION 76-148 nE PETITION V-78-23-C DY GAYLORD JONES REQUESTING SETOACK VARIANCE ON LOT 19, BLOCK C, BIG CYPRESS GOLF ESTATES AND COUNTRY CLUB - AOOPTED Legal notice having been published in the Naples Daily News on September 1, 1978 as evidenced by Affidavit of Publication previously filed with the Clerk, public hearing was continued from September 19, 1978 to consider a proposed rosolution re Petition V"78-23-C by Gaylord Jones requesting sotback variance to permit a swimming pool to be built on Lot 19, Block C, Dig Cypress Golf Estates and Country Club. County Manager Norman explained that when the matter under dis- cussion was brought before the Doard previously a question was raised regarding the impact the proposed variance would have on the adjacent golf courae (the Country Club of Naples) and the Board deferred action until representatives from the subject golf course had a chance to consider their position. Mr. E. J. Kidd, Kidd Construction Company, representing the petitior.er, stated that he and Mr. Lloyd Barty, Director, Country Club of Naples, met during the week, on the property, and that he explained to Mr. Sarty how the project would look and how it would affect the Country Club property. Hr. Sarty expressed concern over the fact that the organizntion he represents was not informed with regard to the variance, noting that it is the large landowner and the people most affected. Zoning Director Carl Clemmer explained that in the case of land-use change personL within 300' of the subject property are notified; however, he said that this project is not a land-use change, adding that the Country Club of Naples was not notified. Mr. Sarty continued by stating that some of the swimming pools for which variances are being given back up to some of the fairways on the golf course, noting that in this particular case the distance between the swimming pool and the first tee is 135 yards. He said BCC~ 044 r/,;: 9 BOOK 044 rJ.~= 10 September 26, 1978 that the Country Club President had some knowledge of the variance re'luest and the decision was made not to oppose it. However, said Mr. Sarty, in his opinion it is wrong to have these Variances go "sailing through" without more consideration than is given. Commissioner Wenz~l suggested that the matter of notifying all surrounding property owners when vartances are requested be further discussed during a future Workshop Session. Mr. Clemmer commented that the suggestion was acceptable to him. Mr. Mike Zewalk, North Naples Civic Association, stated that hia organization was approached regarding the matter and that he visited the site and, in their opinion, the 51 variance being requested will not be Objectionable; however, if the variance was greater than that, it is possible they would have a different opinion. There b~ing no further persons registered to address the matter, Commissioner Wenzel moved, seconded by Commissioner Wimer and carried 4/0 with Commissioner Pistor not present, that the public hearing be closed. Commissioner Nenzel moved, seconded by Commissioner Wimer and carried 4/0 with Commissioner Pistor not present, that Resolution 78-148 re Petition V-78-23-C by Galord Jones, requesting setback variance on Lot 19, Block C, Big Cypress Golf Estates and Country Club, be adopted. * * * * '" * * * * '" * * * * * * r-'U'l 1 , ... .... ....... .a-. September 26, 1978 VICE-CIIAIRMAN AUTHORIZED TO EXECUTE AGREEMENT WITH MEDIcAT. EXAMINER, AND CONTRACT WITIl STATE DEPlIRTMENT OF IIRS - MEDICAL EXAMINER'S COMMISSION, SUOJECT '].'0 CORRECTION OF TilE FEE SCIIEDULE IN TilE AGREEMENT County Manager Norman rocallod that on September 12, 1978 a proposcd budget for the Medical Examiner's Office was prescnted to the Doard, and approved, and that the Board is now beinq requested to approve tho formal Agreement with the Examiner which will supersede the one which has been in effect for the past year. The second document, said Mr. Norman, is, for approval of the contract with the State Depart- ment of IIRS which is a requirement in order for the County to receive State grant funds for assistance in the funding of the office. Mr. Norman stated that the Agreement must be changed, if the Board approves the Agreement, to increase the Morgue Fee item from $100 to $125 due to a misunderatan(~ing regarding the hospital's charges for use of their facilities, which Mr. Norman explaine~. Commissioner Wenzel moved, seconded by Commissioner Archer and carried 4/0 with Commissioner Pistor not present, that the Vice- Chairman be authorized to execute the Agreement with the Medical Examiner, subject to the correction on the fee schedule, and, the Contract with the State Department of Health and Rehabilitative Servicea - Medical Examiner's Commission. jl jl '" '" * jl jl jl '" jl '" '" '" jl jl '" BeCK 044 rJ.~~ 13 8CD~ 04.4 r~~: 20 September 26, 1978 BOARD ^UTHORIZES FOR PLACEt-lENT ON THE NOVEMBER 7, 1978 BALLOT MILLl\GE CHANGES RE IMMOKALEE AND MARCO ISLAND FIRE DISTRICTS Fiscal Officer Harold Hall reported that a request has been received from both the Immokaleo and Marco Island Fire Districts asking that millage changes in both districts be placed on the November 7, 1978 ballots, in the respective areas, for voter approval. The suggested wording was read by Mr. Hall, as followsl 1. Marco Island Shall the Marco Island Fire Control District be authorized to continue to levy up to one mill of taxation annually on all property within its boundaries but not be limited to a maximum revenue of $20,000 from such taxation to moet the costs of services provided by the District? 2. Immokalee Shall the Immokalee Fire Control District be authorized to reduce from three mills to one mill the maximum annual taxation on all property within its 'boundaries but not be limited to a maximulll revenue of $6,000 from such taxation, to meet the costs of services provided by the District? Mr. lIall said that, with the Board's approval, the Supervisor of Elections can be authorized to add the above questions to the ballot in each of the respective areas. With the voter's approval in each case, continued Mr. Hall, the changes would take place immediately, as provided for in the Act. Mr. Gary Bates, Immokalee Fire Control District, explained that the District cannot operate on $6,000 annually any longer and continue to provide the same fire protection in the community. lie noted that the District is operating as a volunteer fire department wi~h no paid members on the staff and it is their desire to maintain a volunteer status as long as possible. Commissioner Wenzel moved, seconded by Commissioner Wimer and carried 4/0 with Commissioner Pistor absent, that authorization be given for the addition of the millage changes for the Marco Island and the Immokaloe Fire Districts to the November 7, 1978 referendum. r-'-l 11 r --T 1 . .. C__] . . .. September 26, 1978 Ccunty Attorney Pickworth stated for the record that the action taken by tho Board is nothing more than approval to place the questions on the ballot, not'ing that the Board is not expressing any opinion, but rather porforming their statutory duty, with Mr. !IaU adding the comment "at the request of the independent Districts." In response to Commissioner Wimer's request, Mr. Hall stated that he would vorify whether or not expansion of the North Naples Fire District has to be by referendum or if it is done by the Legislature. PETITION V-78-25-C BY VAUGHN H. AND MARILYN CHAMPEAU REQUESTING LOT SIZE VARIANCE TO CONSTRUCT A DUPLEX ON LOT 1, BLOCK 2, OLD MARCO VILLAGE PLAT - ADVERTISING AUTHORIZED FOR PUBLIC HEARING OCTOBER 24, 1978 Commissioner Archer moved, seconded by Commissioner Wimer and carried 4/0 with Commissioner Pistor ab~ent, that Petition V-78-25-C by Vaughn H. and Marilyn Champeau requesting lot size variance to construct a duplex on Lot 1, Block 2, Old Marco Village Plat, be advertised for public hearing October 24, 1978. rROPOSED ORDINANCE RE RECIPROCITY WITH CITY OF NAPLES FOR LICENSING OF CONTRACTORS - ADVERTISING AUTHORIZED FOR PUBLIC HRARING OCTOBER 24, 1978 Commissioner Wimer moved, seconded by Commissioner Archer and carried 4/0 with Commissioner Pistor not present, that the proposed ordinance regarding reciprocity with the City of Naples for licensing of contractors be advertised for public hearing October 24, 1978. PROPOSED ORDINANCE RE SALE OF ALCOHOLIC BEVERAGES AND REGULATION OF HOURS RE SAME - ADVERTISING AUTHORIZED FOR PUBLIC HEARING OCTOBER 24, 1978 Con~issioner Wimer moved, seconded by Commissioner Archer and carried 4/0 with Commissioner Pistor not present, that the proposed ordinance regarding the sale of alcoholic beverages and regulation of hours for same be advertised for public hearing October 24, 1978. [leCK 044 "I.~= 2i oGO~ 04.4 r~~: 22 Septomber 26, 1978 PROPOSED TRANSFER OF YAHL BROTHERS DISPOSAL, INC. FRANclIISE AGREEMENT TO WASTE MANAGEMENT, INC. OF FLORIDA - REFERRED TO STAFF FOR REVIEW WITH RECOl.IMENDATIONS TO THE BOARD OCTODER 31, 1970 County Manager Norman called to the Board's attention corres- pondence dated September 7, 1978 from Attorney Daniel E. Conley, representing Yahl Brothers Disposal, Inc., indicating that his client has signed a merger agreement with Waste Management, Inc. of Florida, contingent upon Board approval of said agreement. Mr. Norman, referring to his response to the above-referenced letter, stated'that it would be his intention to recommend to the Board that the matter be referred to staff for further investigation. He said that there were repre- sentativea from both firms in the audience to respond to any questions the Commissioners might have. Following brief discussion, Commissioner Wenzel moved, seconded by Commissioner Wimer and carried 4/0 with Commissioner Pistor not present, that the matter be referred to the County's Attorney, Engineer, and Manager, for investigation and that a recommendation be made to the Board at the October 31, 1978 meeting. RESOLUTION 78-149 APPOINTING AND AUTHORIZING A SPECIFIC INDIVIDUAL TO ~XECUTE APPLICATIONS RE DOT PROJECTS - ADOPTED Commissioner Archer moved, seconded by Commissioner Wimer, that Resolution 78-149 Appointing and Authorizing County Manager C. W. Norman, County Engineer C. B. Rarksdale, And County Utility Director I. L. llerzon to execute documents to the Florida Department of Transportation on behalf of Collier County be adopted. It was pointed out by County Attorney Pickworth that this type of resolution has been adopted in the past with County Manager Norman adding that the change in County Managers has necessitated the adoption of a new resolution. Upon call for the queation ~he motion carried 4/0 with Commissioner Pistor not present. .. .. .. .. .. .. .. r- h-01 fl (---, r--rl BCO~ 044 r~~: 2.4 September 26, 1978 RESOLUTION 78-150 PROVIDING FOR ASSESSMENT OF LIEN Fon THE COST OF ABATEMENT OF PUBLIC NUISANCE RE CERTAIN PROPERTIES IN MARCO ISLAND AND GOLDEN GATE CITY - ADOPTED, WEED ORDINANCE (76-14) TO BE WORKS HOPPED DURING NEXT WORKSIIOP SESSION Commissioner Wenzel moved, seconded by Commissioner Wimer, that proposed Resolution 78-150, providing for assessment of lien for the cost of abatement of public nuisance with regard to certain properties described therein, be adopted. During the discussion which followed, it was the consensus of the Board that the Weed Ordinance (Ordinance 78-14) be further dis- cussed during Workshop Session with regard to possibly amending the subject ordinance to make it less difficult and time-consuming to enforce. Upon call for the question, the motion carried 4/0 with Commissioner Pistor not present. *' *' *' *' *' *' .. .. .. * *' *' .. *' 1i *' .. .. .. r--'l 1-1 r-Tl Be OK 044 I'~~= 26 September 26, 1978 CETlI AGENDA MATTERS - SEE ACTION TAKEN LATER IN TilE SESSION County Manager Norman suggested that the agenda items with regard to CETA matters be deferred until the balance of the agenda has been completed. He said that some problems have developed in the preparation of the Staff Recommendation which lend themselves better to a Workshop Session which could be convened following adjournment of the Regular Session. There were no objections forthcoming regarding the suggestion. RESOLUTION 78-151 ESTABLISHING A PERMIT FEE FOR WORK WITHIN PUBLIC RIGHTS-OF-WAY - ADOPTED County Engineer Clifford Barksdale explained that a permit fee for work within the public rights-of-way has never been established to defray the County's cost for the issuance of the permits and related processing and inspection costs, said fee being allowable under County Ordinance No. 77-29 and The Collier County Public Rights- of-Way Construction Standards Handbook which has been adopted by the Board. He said that the proposed permit fees are $15.00 Initial Permit Fec, and $10.00 Reinspection-Fee, if required. The staff recommendation is for the Board to approve the proposed resolution which establishea the permitting fee for work withi.n the public rights-of-way, said Mr. Barksdale. Commissioner Wimer moved that Resolution 78-151 be adopted and that the Vice-Chairman be authorized to sign same. The motion was seconded by Commissoner Wenzel and carried 4/0 with Commissioner Pis tor absent. In response to a request for clarification of the type of work covered in the resolution posed by Mr. Mike Zewalk, Mr. Barksdale replied that the fee will provide funds for inspectors to make sure that public rights-of-way have been restored to their original and safe condition following installation of driveway, utility lines, and the like. , I-H'l f 11 ~ BeOK 044 rl,~= 28 September 26, 1978 BOARD ESTABLISHES OCTOBER l7, 1978 AT 1130 P.M. FOR PRESENTATIONS BY CON~ULTING FIRMS RE CONSTRUCTION PLANS AND SPECIFICATIONS FOR TIGER TAIL BEACH PARK Commissioner Wenzel moved, seconded by Commissioner Wimer, that October 17, 1978, at ll30 P.M., be established as the date for inter- views with consulting firms for the preparation of construction plans and specifications for Tiger Tail Beach Park. FOllowing is the "short list" of firms recommended by the Consultant Selection Committee: 1. CH2M Hill 2. Mayes, Sudderth & Etheredge, Ino. 3. Stanley Hole & Assoc. 4. Tri-County Engineering Discussion followed during which it was noted that most of the firms arc well-known to the Board and that background information could be eliminated from the presentations. It was the consensus of the Board that the presentations be limited to ten minutes each maximum, and that the firms be so informed. Upon call for the ques~ion the motion on the floor carried 4/0 with Commissioner Pi9tor not present. * * * * RECESS 10:00 A.M. until 10:10 A.M. * * * * CHAIRMAN AUTHORIZED TO SIGN (AFTER-THE-FACT) SUBGRANT APPLICATION RE CONTINUATION OF SUBGRANT NO. 78-02-11-N613-04-PROCUREMENT OF TRAFFIC ENGINEER FOR SUBGRANT PERIOD 10/1/78 TO 9/30/79 Commissioner Archer moved, seconded by Commissioner Wimer and carried 4/0 with Commissioner Pistor not present, that the Chairman be authorized to sign, after-the-fact, the Subgrant Application for Continuation of Subgrant No. 78-02-11-N613-04 ro Procurement of Traffic Engineer for Subgrant Period October l, 1978 to September 30, 1979. r -, r---l ,- T'1 -' f._l September 26, 1978 It was pointed out by County Manager Norman that the County is one and one-half years into a three-year commitment regarding the poaition. *Note: Complote application on file in office of Clerk of the Board. .. .. .. .. .. .. '..' .. .. .. .. .. .. .. " " .. " " .. " .. " " " eGOX 044 rl.~: 2B ~~~~ September 26, 1978 BID .329 FOR ANNUAL CONTRACT RE OVERBURDEN FILL AND LIMEROCK (IMMOKALEE AREA) - AWARDED TO JACK QUEEN - HEAVY CONSTRUCTION, AND TO CENTURY INDUSTRIES, RESPECTIVELY Legal notice having been pUblished in tho Naples Daily News on September 7, 1978 as evidenced by Affidavit of Publication filed with the Clerk, bids were received until September 20, 1978 re Bid *329 (rebid of Immokalee portion of Bid '317) for Overburden Fill and Limerock to the Immokalee Area. The rebid was necessitated due to the late receipt of bid proposals from vendors serving the Immokalee Area advised County Manager Norman. Commissioner Wenzel moved, seconded by Commissioner Archer and carried 4/0 with Commissioner Pistor absent, that Bid '329 for annual contract for Overburden Fill and Limerock to the Immokalee area be awarded to Jack Queen - Heavy Construction, Immokalee, Florida, and to Ccntury Industries, Immokalee, Florida, respectively, as con- taincd in thc recommendation of the Bid Review Committee letter dated September 21, 1978, and that the Vice-Chairman and the Clerk be authorized to sign and attest the resulting Agreements. BOARD AUTHORIZES APPROPRIATION UP TO $7,500 FOR SUBSURFACE INVESTIGATION FOR GROUNDWATER STORAGE TANK AND PUMP STATION RE GOODLAND WATER DISTRICT Utility Director Irving Berzon explained that, prior to under- taking final design for the 500,000 gallon groundwater storage tank and pumping station in the Goodland Water Di~trict, detailed information regarding the subsurfaco characteristics is required. Mr. Berzon said that the land under consideration is close to water's edge and serious problems have to be overcome and, therefore, it is imperative that the investigation be undertaken. In response to Commissioner I~enzelts inquiry, Mr. Derzon said that the drilling involved is estimated to cost $2,000, the remainder of the estimated cost of $7,500 submitted by the Consulting Engineers CCH211 Hill) will be for the necessary lab work. r '--I 1"1 ,. -. September 26, 1978 Commissioncr Archer moved, seconded by commissionor Wenzel, that the Board authorize an appropriation of up to $7,500 for the !lubaurfaco investigations for gJ::oundwatar storage ta'nk and pump atation in the Goodland Water District. Noting Mr. Berzon's recommendation that the funds bo charged to the Goodland Water District and made as a loan to the District from the General Fund, Commissioner Wimer expressed uneasiness about con- tinuing to loan money to the special districts and projects from the General Fund. Fiscal Officer Harold Hall commented that when such expenditures arc approved it is necessary that the intent and the source of the funds are identified, noting that it clarifies for the record exactly what the Board of County Comaissioners is doing. In this particular instance, said Mr. Hall, the appropriation will not be repaid within the coming , fiscal year and will be on the books as a "due to" - an accounting term meaning a sum due from one fund to another. In this case, said Mr. Hall, from the Goodland District to the General Fund. Upon call for the question the motion on the floor carried 4/0 with Commissioner Pistor not present. NOHINATIONS TO GOVERNOR FOR APPOINTMENT TO GOVERNING BOARD OF THE IMMOKALEE WATER & SEWER DISTRICT - DEFERRED UNTIL LATER IN THE SESSION There being no objections, Vice-Chairman Brown directed that the matter of nominations of persons to serve on the Governing Board of the Immokalee Water/Sewer District, for appointment by the Governor, be deferred until later in the Session to permit time for the delegation from Immokalee to be present. ROUTINE BILLS - AUTHORIZED FOR PAYMENT Commissioner Wenzel moved, seconded by Commissioner Archer and carried 4/0 with Commissioner pistor not present, that the bills be approved for payment as witnessed by the fOllowing warrants issued from September 20, 1978 through Septomber 26, 19781 BeCK 044 rJ.~: 33 BCD~ 044 r~~: 34 September 26, 1978 ~ Road " Dridge County Water System WARRANT NOS. 40 3 - 4 ACTION TAKEN DY DCC 9/19/78 RE WATER FRANCHISE SETTLEMENT AGREEMENT, GOODLAND, INCORPORATED CLARIFIED, APPROPRIATION OF INITIAL PAYMENT OF $12,500 STIPULATED AS LOAN FROM GENERAL FUND TO GOODLAND WATER DIS'l'RICT Commissioner Wenzel moved, seconded by Commissioner Archer and carried 4/0 with Commissioner Pistor absent, that the appropriation of funds in the amount of $12,500 for the initial payment with regard to the Water Franchise Settlement Agreement re Goodland, Incorporated, authorized by the Board September 19, 1978, stipulated that the ap- propriation is to be made as a loan to the District from the General Fund, as recommended by Fiscal Officer Harold Hall. BUDGET AMENDMENT 78-149 TO APPROPRIATE FUNDS FOR THE REPAIR OF EQUIPMENT FROM BOAT RENTAL ACCOUNT RE BUILDING DEPARTME~T _ ADOPTED IN THE AMOUNT OF $400 Commissioner Archer moved, seconded by Commissioner Wenzel and , carried 4/0 with Commissioner Pistor not present, that Budget Amendment 78-149 to appropriate funds for the repair of equipment from the Boat Rental Account, Duilding Department, be adopted in the amount of $400. . . . . . * .. . . . . . . . . .. .. " '"11 II BeDK ()44 r~;~ 36 Septombor 26, 1978 BUDGET Al1END~IENT 78-150 TO APPROPRIATE FUNDS FOR PURCHASE OF EQUIPMENT RE AGRICULTURE DEPARTMENT - ADOPTED IN THE MIOUNT OF $70 Commissioner Archer moved, seconded by Commissioner Wenzel and carried 4/0 with Commissioner Pistor absent, that Budget Amendment 78-l~0 to appropriate funds for the purchase of a projector stand for the Agriculture Department, be adopted in the Amount of $70. * * * III * III III III III . * * III * * III * * III III * * , -, r-i r fl "I ..' ~. !'...: ~.', . ...._....,""....,1'<';.. ,"110 BeCK 04.4 r~~~ 38 September 26, 1978 BUDGET AMENDMENT 78-151 TO APPROPRIATE FUNDS FOR PURCHASE OF EQUIPMENT FOR AGRICULTURE DEPARTMENT - ADOPTED IN THE AMOUNT OF $150 Commissioner Archer moved, seoonded by Commissioner Wenzel and carried 4/0 with Commissioner Pistor not present, that Budget Amendment 78..151 to appropriate funds for the purchase of equipment (file cabinet) for the Agriculture Department, be adopted in the amount of $150. * ). * * * * * * * * * * * * * * * * * * * * * * .' .. ...... .', "- --'"", "'" '" (--1 r r"J bCC~ 044 I'~~: 4.0 September 26, 1978 FISCAL OFFICER PROVIDES STATUS REPORT RE $5,000,000 BOND ISSUE Fiacal Officer Harold Hall advised that he and Clerk William Reagan, together with a representative of the William R. Hough Company and bond counsel, with information supplied through the County Attorney, want through the closing of the $5,000,000 Bond Issue on September 25, 1978, and said that the funds for the Guaranteed Entitlement Bond Issue for Capital Improvements are in Collier County banks - $5,000,000. Mr. Hall added that the County did a little better than he originally thought it would do as far as interest rate, noting that th~ bonds were issued at an interest rate relatively favorable within today's rate structures on similar type bonds - 6.64% net. He said that the rate includes capitalization of all of the costs. Mr. Hall commented that there have been several similar type issues netting 6.75%, noting that on~ issue closed at 7.35% the same date. COUNTY ATTORNEY AUTHORIZED TO TAKE APPROPRIATE ACTION RE LITIGATION OVER REPAIRS TO AMERICAN AMBULANCE VEHICLE County Attorney Pick'.lorth brought to the Board's attention a possible legal matter concerning an American Ambulance vehicle. He said that he has received a letter from Attorney Charles Holley, representing American Ambulanc~, regarding an ambulance, owned by the County, having been purchased under Stato contract last year, which, under the Lease Agreement with American Ambulance, is leased to the firm who uses it and services it. The particular vehicle, said Mr. Pickworth, has been a "real lemon" and that approximately $4,500 has been paid out over the course of a year in repairs and down-time. Mr. Pickworth stated that the ambulance firm is desirous of suing the vendor for the mone~ back plus the costs to keep it going, noting that, sinco the County is the titleholder, the suit would have to be brought in the nama of both the County, as the owner, nnd Americnn Ambulanco, as the lossee. He said that American 1\bmulance r---.') ( -11 September 26, 1978 would prosecuto the suit in the name of the County and Board authoriza- tion is needed to enter into the suit. .' In response to Commissioner Wimer, Mr. Pickworth recommended that legal action be takenl however, further discussions are needed con- cerning who will pay the' costs involved because under the contract with American Ambulance, in his opinion, the legal fees would be reimbursable expenses and the County will probably end up paying them. Mr. Pickworth requested Board authorization to proceed contingent upon clarification of some of the questions involved. Commissioner Wonzel moved that the County Attorney be authorized to review the matter and take whatever action is necessary for the good of the County. Commissioner Wimer seconded the motion which carried 4/0 with Commissioner Pistor not present. Mr. Pickworth commented that if the questions cannot be cleared up, he will not give authorization but will come back to the Board with his findings. Mr. Mike Zewalk questioned why the suit could not be brought by the County Attorney rather than by the attorney for American Ambulance. Commissioner Wenzel noted that Mr. Pickworth has been instructed to take whatever action is necessary and that if it is his opinion that it would be better for the County to institute the aotion, he will undoubtedly so recommend. VICE-CHAIRMAN AUTHORIZED TO SIGN ~ FORM REGARDING INSTALLATION OF ANTENNA CLOSE TO THE AIRPORT walCH IS POSSIBLY ABOVE THE MAXIMUM ALLOWABLE HEIGHT . Administrative Aide to the Board Mary Morgan stated that author- ization is needed for the Chairman to sign a form to be submitted to the FAA, together with comments, regarding their notification to the County that a Davis Blvd. business has petitioned to install an antenna 'close to the airport and said business should be notified that the antenna is above the maximum height normally allowable. 8CC~ 044 rA~: 41 . _', .:"::' ",:. ..~:., . ~._".', ~~~.';""';n',.. ....'.~...:.~"'..... _ ~.... ,_ . ~..'__:> '.;;..~~A"~~~. .,';".,. '. .... , -''"",~...",....,_." "'e~"'" .r:..li:.~"~<' .....~.~......-/!f1J.:.>~ll...,..;'if,~"...~.JIt'....,.... :'~i~~~1,.:..,;.~::~:~~~~t&._~~,it;;-c~~~'67~"~~"~~~" ._'~:~~~.'~ri~~~~, :~'.\. ~.~~~:...: ,..:.. ".~:'~~~;.-:~\ ..::'~\'.':~':~-/1'. BCC~ 044 Fh~~ 42 September 26, 1978 Commissioner Wenzel moved, seconded by Commissioner Archer and carried 4/0 with Commissioner Pistor not present, that the Vico- Chairman be authorized to execute the FAA form, as detailed by Nrs. Morgan. . . ). * * * * * * * . * * * * * * * * * * * . . .' '---1 r' 1 1 " neOK 04.4 1'1,;: 4.4 September 26, 1978 CHAIRMAN AUTHORIZED TO SIGN CAFTER-TIlE-FACT) CERTIFICATE FOR CORRECTION ON THE 1974 TAX ROLL NO. 420 DATED 9/19/78 Commissioner Wenzel moved, seconded by Commissioner Archer and carried 4/0 with Commissioner Pistor absent, that the Chairman be authorized to sign, after-the-fact, Certifioate for Correction on the 1974 Tax Roll No. 420 dated September 19, 1978. RESOLUTION 78-152 OPPOSING LEGALIZATION OF CASINO GAMBLING IN THE STATE OF FLORIDA - ADOPTED Commissioner Archer moved, seconded by Commissioner Wenzel and carried 4/0 with Commissioner Pistor not present, that Resolution 78-152 opposing the legalization of Casino Gambling in the State of Florida be adopted, as recommended by Con~issioner Pis tor in his memorandum to the Board following receipt of similar resolution adopted by the City of Naples. .. .. .. .. .. .. .. * * * * * .. * .. .. * .. * .. r----1 --11 BGO~ 044 Pl.;: 46 Septomber 26, 1979 VICE-CHAImiAN AUTHORIZED TO SIGN LETTER TO CONGRESSIONAL DELEGATION REQUESTING THEIR SUPPORT OF Ii. R. 9394 AND S. 74 - PAYMENTS-IN-LIEU AMENDMENTS RE REIMBURSEMENT TO COUNTIES FOR AD VALOREM TAXES ON PROPERTIES TAKEN UNDER FEDERAL CONTROL Commissioner Archer moved, seconded by Commissioner Wenzel and carried 4/0 with Commissioner Pistor not present, that the Vice- Chairman be authorized to sign a letter to the Congressional Delegation requesting their support of H.R. 8394 and S. 74 - Payments-in-Lieu Amendments, with regard to compensation to counties for the loss in ad valorem tax base on properties taken under Federal control. DISCUSSION OF REQUEST FROM CONT~CTORS LICENSING BOARD RE EI1PLOYMENT OF COMPLIANCE INSPECTOR FOR ENFORCEMENT OP ORDINANCE 78-2 Administrative Aide to the Board Mary Morgan advised the Board of the receipt of a letter dated September 19, 1979 from Richard W. Morris, Chairman, Contractors' Licensing Board, requesting the Board to consider the hiring of a Compliance Inspector for the purpose of enforcing County Ordinance 78-2 regarding licensing of contractors. Following brief discus,ion, Commissioner Wimer moved, seconded by Commissioller Wenzel and carried 4/0 with Commissioner Pistor not present that the subject correspondence be acknowledged, and that the matter be referred to staff for recommendations to the Board. CHAIRMAN AUTHORIZED TO SIGN APPROPRIATE LETTER TO MR. WILLIAM BARNETT RE RESIGNATION FROM PARKS AND RECREATION ADVISORY BOARD, AND TO 1\LTERNATI MEMBER RE APPOINTMENT AS FULL MEMBER, NOMINATIONS ~O BE SOLICITED FOR ALTERNATE MEMBER APPOINTEE Administrative Aide to the Board Mary Morgan noted the receipt of correspondonce dated September 15, 1978 from Mr. William Barnett notifying Parks and Recreation Director Rol1ie Rice of his resignation from the Parks and Recreation Advisory Board. Commissioner Wenzel moved, seconded by Commissioner Archer and carried 4/0 with Commissioner Pistor absent, that an appropriate letter of appreciation be prepared for the Chairman's signature to be forwarded to Mr. Barnett, and that tho Alternate Member of the advisory board be /-"'1 '11 1--' I:::J (.=1 September 26, 1978 notified of his appointment as regular momber; also, that nominations bo solicited from persens wishing to servo as Alternato Member on the advlsory board. DISCUSSION OF ATTORNEY GENERAL'S OPINION RE ME~BERSIIIP ON INDUSTRIAL DEVELOPMENT AUTHORITY ^ND RESIGNATION OF t'IILLIAM PRICE FROM SUBJECT nOARD; ALTERNATE MEMBER TO DE DESIGNATED Administrative Aide to the Board Mary Morgan, referring to the County Attorney's memorandum to the Board dated September 19, 1978, stated that it is the Attorney General's opinion that counties do not have the authority to creato an Industrial Development Authority of more than five members. She noted that the existing Authority is compoaed of seven members. Vice-Chairman Brown notified the Board that Hr. William Price has resigned from the Authorlty due to the regulation requiring divulgence of personal finances to the pUblio. Commissioner Wenzel moved, seco~ded by Commissioner Wimer and carried 4/0 with Commissioner Pistor absent, that the six remaining mombcrs on the Industrial Development Authority be retained and that onc member be designated by the membership as Alternate Member. VICE-CHAIRMAN AUTHORIZED TO SIGN DNR PERMIT NO. A78-P-89 FOR CONSTRUCTION OF WOODEN WALKWAY IN TIGER TAIL BEACH PARK Commissioner Wenzel moved, seconded by Commissioner Archer and carried 4/0 with Commissioner Pistor not present, that Vice-Chairman Brown be authorized to sign DNR Permit No. A78-P-89.for construction of a wooden walkway in Tiger Tail Beach Park. * * * * * * * * * * * [leCK 044 r/'~: 47 r.:l September 26, 1978 COMMISSIONER ARCHER AND ADDITIONAL COMtoIISSIONERS AUTHORIZED TO ATTEND S^CC MEETING IN FT. LAUDERDALE, FLORIDA, SEPTEMBER 28-30, 19781 REPORT TO DE FORTIICOMING FROH THOSE ATTENDING REGARDING TilE 1977 FLOIUDA IIEALTH CARE RESl'ONSInILITY ACT Administrative Aide to the Board Hary Morgan reported on the receipt of n memorandum dated September 18, 1978 from the Suwannee County Clerk of Circuit Court urging representatives from the BCC to attend the Florida Association of County Commissioners annual meeting on September 28-30, 1978 in Ft. Lauderdale, Florida, during which the 1977 Florida Health Care Responsibility Act will be dis- cussed. Commiosioner Archer noted his intention to attend the meeting and requested that the Board take no action regarding the matter until a report is forthcoming following the meeting. Commissioner Wenzel moved, seconded by Commissioner Wimer and carried 4/0 with Commissioner Pistor'not present, that Commissioner Archer be authorized to attend the subject meetings, together with other Commiasioners if they so desire, and to report back to tI:.e Board the results of the discussions to be held regarding the Health Care Responsibility Act. REQUEST FOR EXPANSION OF 951 BOAT RAMP - COUNTY MANAGER DIRECTED TO PROVIDE R~CO~~ENDATIONS RE SAME Adminiatrative Aide to the Board Mary Morgan called the Board's attention to the memorandum dated September 21, 1978 from Commissioner Pistor suggesting that consideration be given to increasing the size of the parking lot at the 951 Boat Ramp and that the County Manager be instructed to see what could be done to get permission for such addition and to apply for Boating Improvement Funds to pay the cost of the additional construction and additional lighting. Brief discussion followed with Commissioner Wimer expressing a favorable opinion regarding the expansion; however, he observed that the subject funds are being considered for improvements to Dayvicw 6GO~ 0 44 r~:= 49 "'~ nm 044 I'''~~ 50 Septembor 26, 1978 Park end should be used for this project before adding onto the Boat Ramp, in his opinion. Commissioner Archer moved, seconded by Commissioner Wenzel and carried 4/0 with Commissioner Pistor absent, that the County Manager and ataff be directed to determine the cost and funding for the subject proposal and to provide the Board with recommendations including a determination of priorities regarding the funding. * * * * RECESS: 10135 A.M. until 10:55 A.M. to permit Board participation in Citrus Produots 'Program sponsored by the AgriCUlture Department. * * * * LAKE TRAFFORD MEMORIAL GARDENS CEMETERY DEED NO. 171 - ACCEPTED Fon RECORDATION Pursuant to action taken by the Board January 10, 1978 wherein the Chairman was authorized to sign Lake Trafford Memorial Gardeno Cemetery deeds as the need arises, Deed No. 171, signed by Vice- .';hairman Brown, was accepted for recordation. * * * * * * * * * * * * * * * * * [ ----'1 Tl b~C~ 044 I'/,;~ 52 September 26, 1978 BOARD AUTHORIZES nOMINATIONS OF PERSONS TO SERVE ON TilE IMMOKALEE WATER/SEWER DISTRICT BOARD OF COVRRNORS TO BE SUBMITTED TO TilE GOVERNOR FOR APPOINTf>lENT, AS FOLLOWS: MESSRS. GERALD CRANFORD, ERNEST L. JOHNSON, JR., WILLIlIM G. PRICE, SAN E. HEATH, NASH LLOYD, RICHARD JOIINSON, AND NEIL L. CHlIMBERS Rev. Clarence Weeks, Immokalea Chamber of Commerce, expressed appreciation to the Board of County Commissioners for granting represent- atives from the Immokalce area their request that they be permitted to go through the necessary steps to govern the proposed Immokalee Water/ Sewer System locally. Rev. Weeks pointed out that local control was desirable, not because the Commissioners would not do a good job in this regard, but rather because tt was felt that the project could be better administered by local persons who could respond to complaints locally without the residents having to drive forty miles to the Courthouse. Attorney Tom Boardman, representing the Immokalee Chamber of Commerce, stated that the names of those person recommended by the Chamber. of Commerce to serve on the Board of Governors and who have consented to serve, are, with one exception, the existing board of the Immokalee Utilities Corporation which administers the waterworks, and read the following list of nominations: 1. Gerald Crawford 2. Ernest L. Johnson, Jr. 3. William G. Price 4. Slim E. Heath 5. Nash Lloyd 6. Richard Johnson 7. Neil L. Chambers Con~issioner Wenzel moved, seconded by Commissioner Wimer and carried 4/0 with Commissionor Pistor not present, that the list of nominations submitted be approved, and that said nominations be sub- mitted by the Vice-Chairman to the Govornor for appointment as soon liS possible. I - --1 {--ll f OJ Soptombor 26, 1978 VICC:-CIlAIRMAN AUTHORIZED TO SIGN CONTRACTS FOR CETA 'rITLE II, TITLE VI, AND TITLE VI PROJECTS FOR FIRST QUARTER 1979 Mr. A. James Mcerpohl, CETA Director, explainod that he was appcaring beforo the Board to requost that they sign the new 1979 Public Service Employment Contracts. Along with the contracts, said Hr. Meerpohl, is some correspondenco recoived Septombor 25, 1978, advising that tho Balance of State Prime Sponsor, Dopartment of Community Affairs, at the Governor's direction, has decided that Collier County should pay more benefits than what is presently being paid to the CETA employees.' Mr. Meerpohl added that the pertinont benefits are, at this moment, in controversy as far as the Department of Labor is concerned in that Federal Regulations concerning the CE'I'A Program do not prohibit but, at the same time, they do not cncourage tcmporary employees, which CETA employees are, to be paid rctiremcnt and Social Security benefits. He said that the Department of Community Affairs has reversed their decision and have told the CETA program adminiatrators to start paying these benefits, knowing that this has not boen done for the last eight months. In answer to Commissioner Wenzel's inquiry, Mr. Meerpohl said that there is no final word at the moment because the Department of Labor, Atlanta, has recommended that the CETA participants continue to be paid what they have been paid until some determin~tion is mado by the Department of Labor, not by the Prime Sponsor, as to who is right and who is wrong in this matter. When asked for an opinion, County Attorney Pickworth said that the Board should authorize the signing of the contracts and authorize the staff and the Legal Department to take whatever administrative legal action is necessary to enforce the County's rights. Commias10ner Wenzel inquired if there would be retroactive payments to be made and, if so, who would make up this difforenco. Mr. Heerpohl responded by stating that cETA funds would mako up the os~~ 044 r~;: 53 BCCX 04. 4 r~~: 54- September 26, 1978 difference, noting that there are enough CETA funds left over from tho past yoar to pay the retirement benefits, however, these funds were going to be used during the coming year to place more persons in employment. Commissioner Wenzel moved that the Vice-Chairman be authorized to sign the CETA contracts re Title II, Title VI, and Title VI Projects, for the First Quarter - 1979. The motion Was seconded by Commissioner Archer. County Manager Norman suggested that it should be clear on the record that the contracts being acted upon do not include the fringe benefit costs which are the subject of the correspondence previously referred to and, based on said letter, it means that the Manpower Office will refuse to execute the Contracts for the State. Mr. Norman said that appropriate steps will be taken which probably will include the filing of some kind of request to the Federal Department of Labor to review the matter and protest the regulation. Upon call for the ques~ion the motion carried 4/0 with Commissioner Pintor not present. . . . . . ,. . . * " . . . .. . . . -- "1 II r'l September 26, 1978 BOAno APpnOVED CETA TENTATIVE ADMINIST~TION DUDGET, ADDITIONAL STAFF, AND DEPARTMF.NT ORGANIZATION CONCEPT, FIN^L DUDGET APPROVAL TO DE FORTH- COMING PENDING RECEIPT OF DET^ILED ^DMINISTR^TION BUDGET Mr. A. Jamcs Meerpohl, CETA Director, referred to the two-page cxecutive summary regarding the CETA Administrative Budget, including additional staff roquirements, and the proposed Organizational Chart, for which Doard approval is being requested. Mr. Moerpohl explained the new Federal and State guidelines which must be followed to prepare persons for CETA employment, plus the new grants, which require additional work and necessitate additional personnel. Commissioner Wonzel inquired of County Manager Norman if he has looked over the material submitted and if he recommends that it bc approved with Mr. Norman responding in the affirmative noting that the budget is only t~ntativ~ and needs ~o be more detailed. Commissioner Wenzel moved, seconded by Commissioner Wimer and carried 4/0 with Commissioner Piator not present, that approval be givcn of the CETA Administration Budget (Tentative), Additional Staff and Department Organization Concept, as requested by cETA Operations Director, contingent upon receipt of detailed cETA Administration Budget. * * * * * * * * * * . * * * . * ,. BGOX D4.4 rl.~~ 61 eGr.~ 04.4 I'''~~ . 66 Soptember 26, 1978 DISCUSSICN OF "GRANDFATIIERING-IN" PROVISIONS IN CONTRACTORS' LICENSING DOARD ORDINANCE - RECOMMENDATIONS TO DE FORTHCOMING At the request of Vico-Chairman Brown, brief discussion was held regarding the Contractors' Licensing Board Ordinance, particularly regarding the "grandfathering-in" provisions contained therein. During the discusaion, County Attorney Pickworth stated that he can see some cquitability of making adjustments to the provision but it is a matter for the Board of County Commissioners and tha Contractors' Board to consider and provide recommendations. He said that there has to be some requirements which are fair to everyone and that once they are "laid down" they will be the 'rules and applied equally to everyone. MISCELLANEOUS CORRESPONDENCE - FILED AND/OR REFERRED There being no objection, the Vice-Chairman directed that the following correspondence be filed and/or referred to the various departments as indicated I I. Letter dated September 25, 1978 from Edwin D. Krupo, President, Marco Island Fire Control District, requesting that certain changes in the operation of the District be placed on the ballot for the November 7, 1978 election _ filed. 2. Letter dated September 15, 1978 from Mr. and Mrs. Joseph Marszahkowski, AShton, R.I., re Guilford Road Fire hydrants and method of paying assessment for same - xc to Fiscal Officer for response; and filed. 3. Memorandum dated September 22, 1978 from County Manager transmitting results of questionnaire distributed to employees re Smoking Regulations in the Snack Bar and the provisions to be made therefor - filed. 4. Letter dated September l4, 1978 from Robert I1cNichols, County Administrator, Pulaski, Virginia, requesting letters be written to appropriate legislators re the Rural Development Act of 1978 - filed 5. Letter dated Soptember 11, 1978 from Mrs. Andrew Young, Washington, D.C., with attachments, re Year of the Child, 1979 - filed. 6. Copy of letter dated September 18, 1978 to Thomas R. Peck, P.E., Naples, Florida, from Dept. of Commerce, transmitting schedule of prevailing wage rates applicable to Construction of Potable Water Distribution System project - xc to Utility Director 9/25/78; and filed. ,--- 1 '-Tl MOK 044 I'I,~~ 68 September 26, 1978 18. PSC Notices of Filing of Application for a Certificate of Public Convenience and Necessity re Triangle Trucking, Inc., and re Lounge Car Tours of Florida, Inc. - filed 19. PSC Notice of Filing for Extension of Certificate re All Southern Trucking, Inc. - filed * * . * There being no further business for the good of the County, the meeting was adjourned by order of the Vice-Chairman - Time: 11:15 A.M. BOARD OF COUNTY COMMISSIONERS/EX o FICIO GOVERNING BOARDIB) OF SPECIAL DIeTS UNDER ITS CONTROL ATTEST: WILLIAM J. REAGAN, -, .~,: ..\ " J ~ ~ .. '\ \ \ " 11 r HTI