BCC Minutes 10/11/1978 S
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Naples, Florida, October 11, 1978
LET IT BE KNOWN, that the Chairman having issued the call
and the Clerk having given due notice as prescribed by Ordinance
75-16, the Board of County Commissioners in and for the County
of Collier met in SPECIAL SESSION on this date at 3112 P.M. with
the following members present:
CHAIRMAN I John A. Pistor
C. R. "Russ" Wimer
Thomas P. Archer
Clifford Wenzel
ABSENT I David C. Brown - Vice Chairman
ALSO PRESENT I William J. Reagan, Clerk, Edna L. Brenneman,
Deputy Clerk, C. William Norman, County Managerl Donald A. Pickworth,
County AttorneYI and A. James Meerpohl, CETA Administrator.
AGENDA
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BOARD OF COUNTY COMMISSIONERS
SPECIAL MEETING
October 11, 1978 - 3100 P.M.
1. OLD BUSINESS:
A. CETA
(1) Report ~nd recommendation for Board of County
Commissioners' response on disagreement with
CETA Prime Sponsor policy reo temporary vs.
permanent statuB of CETA employees.
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October ll, 1978
RESOLUTION 78-161 REGARDING APPROVAL OF AMENDED PSE CONTRACTS
BETWEEN PRIME SPONSOR AND PROGRAM AGENT PROVIDING FOR PAYMENT
OF FULL BENEFITS FOR RETIREMENT PENDING RESOLUTION OF DISPUTE
- ADOPTED
Mr. A. James Meerpohl, CETA Administrator, provided a status
report on the results of the contacts made with State and Federal
representatives with regard to the current CETA contracts as they
relate to retirement benefits for CETA employees, as discussed by
the Board of County Commissioners convened in Regular Session
October 10, 1978.
Mr. Meerpohl read the following telegraphic message dated
October 11, 1978, from Edward A. Feaver, Director, Office of
~Ianpower Planning, Tallahassee, Florida I
"The Office of :~anpower Planning urges the Collier County
Commission to implement the CETA Title II and VI contracts
for FY 79 paying full benefits, including retirement and
Social Security, to the participants. This implementa-
tion is an interim procedure to insure retention of the
participants as County employees while the administrative
appeal remedies available to the Coun~y are exhausted.
Payment of full benefits during this interim period to
Title II and VI participants will not constitute an ad-
missinn on the part of the Collier County Commission that
the Title II alld VI participants are regular County
employees."
Mr. l~eerpohl stated that this message provides the necessary lead-
time to exhaust the administrative means at the Federal level with
regard to the problem "over-jumping" the State level. He said
that Hr. Feaver and Ms. Mary Clark, Deputy Director, Council
Solicitor, have agreed to placing the retirement contribution funds
in escrow for the interim period. Chairman Pistor stated that
funding for the contracts is beinq processed, with Mr. Meerpohl
commenting that the funds are forthcominq.
Commissioner Archer inquired of County Attorney Pickworth if
there will be any legal problems involved by waiving the administrative
grievance with the State if, in fact, there is a problem with the
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October 11, 1978
Department of Labor in resolving the situation. Mr. Pickworth stated
that in his opinion there will be no legal problems since the pr~posed
resolution on the subject states that the County is expressing a
willingness to submit the dispute directly to the De~artment of Labor
based on the written expression from the State that they are also
willing. Mr. Pickworth reviewod the resolution which he prepared
for Board action.
Discussion followed concerning the disposition of the Social
Security and retirement funds during the interim periOd, with Mr.
['leerpohl stating that the retirement funds will be placed in an
escrow account until a determiniation of the matter is made. Com-
missioner Archer observed that he has no complaint with the FICA
portion of the benefits since that can be transferred with the
employee wherever he goes - his problem is with the State retirement
program since, as was pointed out by Mr. Meerpohl, 90\ of the CETA
participants are not paid from ad valorem tax monies with Commissioner
Archer commenting that they would be paid from CETA funds which
could be used to hire more people which is the purpose of the
CETA program.
Commissioner Nimer moved that Resolution 78-161 be adopted
and requested that the resolution makes sure that the specifics are
"nailed down" particularly in regard to the disposition of the funds
which are placed in escrow. Commissioner Archer seconded the motion.
commissioner Wenzel requested clarification with regard to the
Social Security portion of the retirement funds suggesting that it is
his understanding that there is a Federal Law mandating this con-
tribution. Mr. Meerpohl said that he discussed this matter with the
Internal Revenue Service and was informed that the Federal Law states,
particularly with regard to CETA, that, if the benefit of the employment
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October 11, 1978
is to the participant and not to the employer, mandatory coverage of
FICA is not necessary. Mr. Meerpohl noted that once the State Legislatu
acts upon the Florida Retirement system separating the FICA from the
retirement fund he will approach the Board in this regard, noting
that Social Security is another benefit which could be added to the
CETA "package."
Chairman Pistor summarized that, following his discussions with
Mr. Meerpohl and with the State people, who have withdrawn from their
tight position and are willing to agree that there is a good argument
by the County, with Mr. Feaver stating that it is a good idea to place
the money in escrow when it was explained why, there is a good pos-
sibility that the funds can be used to hire more people instead of
building up a bigger retirement account in the Florida Capitol. He
suggested that a telegram be dispatched immediately stating that the
meeting was held and what the results of it were. Mr. Pickworth
agreed, stating that the main points in the resolution would be
included in the telegram, with the completed resolution to be
forwarded following execution.
Upon call for the question the motion to adopt the resolution
was carried 4/0 with Co~~issioner Brown not in attendance.
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October 11, 1978
DISCUSSION OF EXPENDITURE OF FUNDS TO PROVIDE HOUSING FOR GUESTS FROM
ESPINAL, COLOMBIA, ATTENDING THE SISTER CITY PROGRAM ACTIVITIES IN NAPLE:
Chairman Pistor explained that starting October 20, 1978 there will
be a delegation of people from Espinal, Colombia, arriving in Naples
to participate in the Sister City program and that difficulties are
being encountered with regard to obtaining lOdging for these persons.
Commissioner Archer inquired of County Attorney Pickworth if
the Board could appropriate funds for this purpose if it deems it is
in the best interests of the County, suggesting an expenditure of up
to $500.00 to match the City's equal amount to lodge these persons in a
local motel. Mr. Pickworth stated that there is a Special Act on the
books which allows for the expenditure of up to $15,000 annually for
promotional purposes, business, economics, tourism purposes, or what-
ever deemed appropriate under the broad heading.
Chairman Pistor stated that the reason the matter was being brought
up for discussion at this time is because the Mayor of the City of Napl~s
has informed him that the City would provide $500.00, if necessary.
Clerk William Reagan questioned in what manner the representatives
would be promoting Collier County and 8uggested that the public purpose
being served is "borderline." He requested further information on the
Special Act which gives the Board 8uch authorization.
Following brief discussion, it was the consensus of the Board that
the matter be further'considered in Regul~r Session October 17, 1978.
The Special Meeting was adjourned by order of the Chair - Time:
3:40 P.M.
BOARD OF COUNTY COMMISSIONERS/EX
OFFICIO GOVERNING BOARD(S) OF SPECIAL
DISTRICTS UNDER ITS CONTROL
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A T'!;:fi1.: ,
,~ \VILLIAMv~. REAGAN, CLERK
A. PISTOR, CHAIRMAN
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