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BCC Minutes 10/11/1978 S -I ( ~ -'I 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 " 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. eCQ( 044 PA:C: 69 -;, . ....-. j~:~-:, 1'~~W-ff.;.~~:';i~"1 ,;:\~.,~ "~>:../. - ~:: .~~:-."';~' ..;,~~\ ......' ..,.,..! ...:...., .. . . ~CQK 044 rA~!; 10 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 r---\ 11 r'-r 1 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 ~CQK 044 PA:: 7.1 '.w', ',,,,,;.."..,, .."...: .' ~:CK 044 rl.~~ 1Z 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. * * * * * * * * * * * * * r- .1 ,-I I 1 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 ~ [l. ~~ A T'!;:fi1.: , ,~ \VILLIAMv~. REAGAN, CLERK A. PISTOR, CHAIRMAN , - ~.' ~'I~".\\>.'.'