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BCC Minutes 12/12/1978 R - _u_ - LL.I-~~~....I! I ",- ....~~ ,..._.. .....,11111.......1.4 Vn# LET IT BE REMEMBERED, that the Board of County Commissioners in and for the County of Collier, and also acting as the Governing Board(s) of such special districts as have been created according to law an~ having con~ucted business herein, met on this date at 9:00 A.M. in Regular Session in Building "F" of the Courthouse Complex with the following members present: CII1\IRMAN: David C. Brown VICE-CHAIJU.1AN I Clifford Wenzel John A. Pistor C. R. "Russ" Wimer Thomas P. Archer ALSO PRESENT: William J. Reagan, Clerk, 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, Neno J. Spagna, Community Development Administrator, Carl Clemmer, Zoning Director, Martha Skinner, Social Services Director, Clifford Barksdale, County Engineer, Richard woodruff, Assistant County Manager, Mary "Iorgan, Administrative Aide to the Boar~, and Deputy Chief Raymond Barnett, Sheriff'. Department. AGENDA BOARD OF COUNTY COMMISSIONERS FINAL AGENDA December 12, 1978 REQUESTS TO ADDRESS TItE BOARD OF COUNTY COMMISSIONERS, WHICH ARE NOT ON THIS AGENDA, WILL DE HEARD AT 11100 A."I. UNDER "PUBLIC PETITIONS". 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF 1\GENDA 4. APPROVAL OF MINUTES: Regular Meeting of November 28, 1978 5. PROCLAMATIONS AND PRESENTATIONS OF AWARDS &~OlC 04i p~ 831 . . . ..~~~_._---.. -- '...... ~ . .--......... ....... .....-....---- ..-...------. .---....-...- -..--.... ~-_...... "-. ...-..,-.---..--.--.--. . ........i... MOl 04{ btE531 .'. .'" ,..', Decemb4r 12, 1978 .. . r) , AGENDA - APPROVED WITH ADDITIONS At the request of the County Attorney, the following item was added to the agenda: 1. Authorization to advertise proposed ordinance amending Ordinance 77-44 to provide for rate schedule for water service oharges for Users of proposed Goodland Water System (Suggested date for public hearing - January 9, 1979) At the request of Clerk William J. Reagan, the following item was added to the agenda: 1. Report on contract compliance review and annual financial opinion audit re American Ambulance. Commissioner Plstor moved, seconded by Commissioner Archer and unanimously carried 5/0, that the agenda be approved with the foregoing additions. MINUTES OF NOVEMBER 28, 1978 - APPROVED AS CORRECTED Commissioner Wenzel noted the following correction should be made in the minutes of November 28, 1978: Min\lt:A Rook 44 - Page 545 - Last sentence should read: "Hr. Barksdale pointed out that a permit will still be required in order to provide a record tn the event a question should be raised in the area where the '~rk took place." Commissioner pistor moved, seconded by Commissioner Wenzel and carried unanimously 5/0, that the minutes of November 28, 1978 be approved as corrected. RECO~~ENDATION BY SOCIAL SERVICES DEPART~mNT TO INCREASE FOSTER CHILD CARE PAY~mNTS FROM $50.00 TO $100.00 PER MONTH - APPROVED Social Services Director Martha Skinner explained that the payment to foster parents for child care has not been raised since 1974 and that with the constantly increasing cost of living it is a hardship for some of the foster parents to provide adequately for the children placed with them under the current payment. She said that tho matter has been checked with other agencies across the state and with State agencies and it has been determined that the foster parents are being underpaid. It is being suggested, said Ms. Skinner, that December 12, 1978 the payment be increased from $50.00 to $100.00 per month. In response to Fiscal Officer Hall's inquiry as to whether or not the increase can be handled in the existing departmental budget, Ms. Skinner replied that she is uncertaln at this time and that a budget amendment may be necessary at a later date. Commissioner Wimer moved, seconded by Commissioner Pistor and carriod unanimously 5/0, that an increase for foster child care from $50.00 to $100.00 per month be approved. CHAIRMAN EXTENDS WELCOHE TO FORNER COMMISSIONER STEPHEN MITCHELL Chairman Brown extended a welcome to former Commissioner Stephen Mitchell who was in attendance. RESOLUTION 78-182 RE PETITION V-78-30C BY O.M.V. INVESTORS, INC. REQUESTING FRONT YARD SETBACK VARIANCE FOR PROPERTY IN BLOCKS 4 AND 3, OLD MARCO VILLAGE - ADOPTED Legal notice having been published in the Marco Island Eagle on November 23, 1978 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition V-78-30C by O.M.V. Investors, Inc. requesting setback variances for property located in Blocks 4 and 3, Old Uarco Village. Zoning Director Carl Clemmer referred to the map displayed to locate the properties to be included in the proposed development of 24 duplex apartments, noting they are Lots 1 through 10, Block 4, and Lot 11, Block 3 in Old Marco Village, and explained the roasons why the request for variances is being made. He said that the staff recommends that the variance request be approved. Mr. William Pattison, Architect, representing the petitioner, displayed a more detailed drawing of the proposed development and the facilities to be included as part of the project. He said that none of the buildings will extend over the setback linesl however, the variances are necessary to permit a protective covering over the entrances to the buildings and to permit fencing of the . &OQt 044 PACE 638 t ~. .. . eocrK ~~a . . December l2, 1978 recreational facilities as required by law. During the discussion of the project, Mr. Pattison pointed out that there will not be as many driveways entering the highway as originally planned and the plan will be corrected in this regard. Mr. S. G. Mitchell, Marco Island resident, was registered to 4ddress the matter, but stated that his questions had been answered during the discussions. There were no other persons registered to speak. Commissioner Pistor moved, seconded by Commissioner Wenzel and carried unanimously 5/0, that the pUb1io hearing be olosed. Commissioner Pistor moved, seconded by Commissioner Wenzel and carried unanimously 5/0, that Resolution 78-182 re Petition V-78-JOC by O.M.V. Investors, Inc. requesting front yard setbacks for properties located in Blocks 4 and 3, Old Marco Village, be adopted. * * * * * * * * * * * * * * * * * * * * December 12, 1978 RESOLUTION 78-183 RE PETITION V-78-29C BY J. JACK 'ETHEL WISE REQUESTING'VA~IANCE FOR LOT 14, BLOCK 63, NAPLES PARK SUBDIVISION - ADOPTED WI~I STIPULATION THAT STAFF OBTAIN LETTER OF "NO OBJECTION" FROM ADJACENT PROPERTY OWNER, STAFF DIRECTED TO DETERMINE POSSIBLE ACTION AGAINST BUILDER OF PORCH ENCROACHMENT Legal notice having been publiShed in the Naples Daily News on November 24, 1978 as evidenced by Affidavit of publication filed with the Clerk, public hearing was held to consider Petition V-78-29C by J. Jack & Ethel Wise requesting variance of a side yard setback for property located on Lot 14, Block 63, Unit 5, Naples Park Sub- division in order for an existing porch to encroach 6 feet into a side yard. Zoning Director Carl Clemmer explained that the petitioners purchased the subject residence in early 1978, said property including a screened porch which is non-conforming and which was, apparently, built by the prior owners without Obtaining a building permit. Mr. Clemmer stated that it is the recommendation by staff that the petition be denied and the porch be removed. The petitioner J. Jack Wise noted that he has a letter from the realtor advising that the porch was built h~ Mr. Richard Vetter of Coast Aluminum. He said that he purchased the house as it now exists, displaying a picture of same, and added that one reason for choosing the particular property was the existence of the porch. Mr. Clemmer stated that a complaint was filed by the next-door neighbor who stated that he does not object to the structure but it was his desire to make the County aware of the violation. Com- missioner Pistor observed that he would like such non-objection in writing for the record. Ms. Sylvia Bender, Winkler Realty, reported that she sold the petitioners the property, adding that investigation of the matter was undertaken and that Mr. Vetter has stated that the porch was built according to the plans for the original building and using the existing permit for same. She stated that, in her opini~n, 8'~~ 04( ".~ B~2 _.J-...____....--~.. ~~-~--__-.- ...--~-.------ .-..---...- ._.~._~~...--~ ..~~_.~_......__... ... .._.........._ ..___.____...__.. ._.... .._.__ ""~.~._.. ...... _._~__... __.___............ _..._._oolI...._......__. .. ..#0 ______._____ BOOK 044. ~~643 " 'i:' December 12, 1978 the builder of'the home intended at some future date to add a porch to the property. She further commented that there could be some tightening of controls in order to prevent recurrence of such victimization, noting that she ls not knowledgeable as to who is at fault in this particular case. There being no further persons registered to speak, Commissioner Archer moved, seconded by Commlssloner Wimer and unanimously carried 5/0, that the public hearing be closed. Commissioner Wimer moved for adoption of Resolution 78-l83 re Petition V-78-29C by J. Jack and Ethel Wise requesting variance for Lot 14, Block 63, Naples Park Subdivision, and that the staff bo directed to follow through to determine what action can be taken against the builder of the non-conforming porch structure. Com- missioner Archer seconded the motion with the suggestion that the staff be directed to obtain ln wrlting a statement from the lot- owner next to the subjeot house that he does not object to the porch beinq where it is. Commissioner Wimer agreed to amending his motion to include the Commissioner' s d1J:ection to 6taff. Upon call for the question the motion carried 3/2 with Commissioners Wenzel and Pistor voting in opposition. * * * * * * * . * * * * * * * * December 12, 1978 HEARING REGARDING FRANCHISE AGREEMENT WITH WASTE f."NAGEMENT, INC. OF FLORIDA (CONTINUED FROM NOVEMBER 28, 1978) - PUBLIC HEARING CLOSEDJ MATTER TO BE FURTHER DISCUSSED IN WORKSHOP SESSION DECEMBER 18, 1978 Legal notices having been published in the Naples Daily News on November 8 and 26, 1978 as evidenced by Affidavit of Publication previously filed with the Clerk, public hearing was continued from November 28, 1978 to consider the request of Yahl Brothers Disposal Service to transfer existlng garbage oollection franchise to the firm of Waste f.lanagement, Inc. County Manager Norman reported that the staff has met with representatives of Waste Management, Inc., together with the County's consultant on the matter and that most of the di.oussion was centered around issues discussed previously such as how to determine a fair rate of return, and the like. He said that when the rate issue was discussed, the proposed franchisee indicated that an inorease is anticipated, and BuyyusLed changes in the 1ave1 of service were made, which will be discussed during the Board's Workshop Session scheduled for December 18, 1978, at which time a new public hearing can be scheduled. Mr. Merlyn Almack, local resident suggested the possibility that the matter is "cut and dried" due to his observance that WMI has already been picking up garbage in the County. Mr. Norman advised that this matter had beon brought to the attention of the representatives from the firm who stated that Yahl Brothers has contracted with WMI for backup equipment during the time of the negotiating period rather than to buy new replacement equipment for some of their own which is becoming less than reliable. Mr. Almack offered the suggestion that the County research the idea of taking over the operation and that compulsory pickup be mandated. In this regard, Commissioner Wenzel noted that the staff has been directed to rosearch past records for pertinent information compiled, and that Mr. A1mack's suggestion could be considered when the existing contract expires, if it is feasible. County Engineer Barksdale stated that &Oo~ 044IAr..EB46 '. . ~---_.._--------~-------~ M~ 044 raM'? December 12, 1978 the matter is being followed through and that it has been suggested that the old budget records may provide some informa- tion. Commissioner Archer moved, seconded by Commissioner Wimer and carried unanimously 5/0, that the public hearlng be closed. Chairman Brown indicated that the matter will be further discussed during the upcoming Workshop Session to be held on December 18, 1978. PROPOSAL FOR CREATION OF SMUGGLERS COVE IMPROVEMENT ROAD D%STRICT AND APPROVAL OF PRELIMINARY ASSESSMENT ROLL - ADVERTISING AUTHORIZED FOR PUBLIC HEARING JANUARY 9, 1979 Commissioner Archer moved, seconded by Commissloner Wenzel And carried unanimously 5/0, that the proposal for the creation of the Smugglers Cove Improvement Road District and approval of the preliminary assessment roll be advertised for public hearing January 9, 1979. PETITION CP-78-1 - THE COMPREHENSIVE PLAN OF COLLIER COUNTY, FLORIDA - ADVERTISING AUTHORIZED FOR PUBLIC HEARINGS APRIL 24, AND MAY 8, 1979 Commissioner Ar~her moved, seconded by Commissioner Wenzel and carried unanimously 5/0, that Petition CP-78-1, The Comprehensive Plan of Collier County, Florida, be advertised for public hearings on April 24, and May 8, 1979. ORDINANCE AMENDING ORDINANCE 77-44 TO PROVIDB FOR RATE SCHEDULE FOR WATER SERVICE CHARGES FOR USERS OF PROPOSED GOODLAND WATER SYSTEM - ADVERTISING AUTHORIZED FOR PUBLIC HEARING JANUARY 9, 1979 Commissioner Archer moved, seconded by Commissioner Wenzel and carried unanimously 5/0, that a proposed ordinance amending Ordinance 77-44 to provide for a rate schedule for water service charges for users of the proposed Goodland Water System be advertised for public hearing January 9, 1979. RECOMMENDATION FOR BUDGBT AMENDMENT TO PROVIDE FOR MERIT INCREASES FOR DEPARTMENT HEADS FOR BOARD/COUNTY MANAGER DEPARTMENTS - ACCEPTED, APPROPRIATE BUDGET AMENDMENT TO BE PREPARED AND SUBMITTED TO BCC County Manager Norman referred to the Executive Summary, dated December 7, 1978, previously distributed to the Board, and said that December 12, 1978 he has completed his evaluation of Department Heads in accordance with the adopted policy in this regard. The purpose for the matter being placed on the agenda, said Mr. Norman, is to request appropri- ation to handle the merit pay increases which total $9,191.44, noting that the increases are in line wlth the Board's guidelines regarding such increases. Regarding the source of the funds, Fiscal Officer Hall said that funds are now in the various departmental contingency funds which are affected and, if the merit increases recommended by Mr. Norman are approved by the Board, the next step is to prepare budget amend- ments which will put the funds into the proper accounts. Commissioner Wenzel moved, seconded by Commissioner Pistor and carried unanimously 5/0, that, as long as the funds are available for the increases recommended, the merit increases be approved and appropriate budget amendments be prepared and submitted to the Board for approval. REPORT AND RECOMMENDATION ON JOB CLASSIFICATION AND PAY RATE CHANGES FOR SELECTED POSITIONS WITHIN THE BOARD'S PAY PLAN - APPROVED, AP- PROPRIATE BUDGET AMENDMENT TO BE PREPA~~D AND SUBMITTED TO BCC Personnel Direotor Anne Hora stated that, since the adoption of the job classification plan in 1975, 80me p08itions have undergone considerable change and, following a reque8t by department heads, a job analysis was made, job descriptions rewritten and reclassifications prepared. The Board, said Ms. Hora, is being asked to approve the changes and a budget amendment prepared to cover the proposed changes. She noted that some budgets now in effect have sufficient funds to cover increases for reclassification. In response to Commissioner Wenzel, Ms. Hora stated that there are no new positions involved and that the changes are due to the reorganization of some departments, normal growth of t~e County and increased responsibilities in some positions. ~~~~ ..............w..__..._. - ... ....--_..~..~. ....~-- ~-".~ -.------ ,..- ---. ...---- flom: OM. mI&.9 December l2, 1978 Following brief discussion, Commissioner Archer moved for adoption of the job analysis report and proposed changes indicated therein, as requested by the Personnel Director. Commissioner Wimer seconded the motion which carried 3/2 with Commissioners pistor and Wenzel voting in opposltion. Flsca1 Officer Hall advised that a budget amendment will be prepared with exact details to implement the action taken by the Board following receipt of figures to be provided by Ms. Hora. * * * * * * * . * . * . * * . * . . . * . . ............-,.. .. ............... -...::' ...-. -'~'-".'. ... ,..........-- " ..--..---- --- MOlt 044 ~B5I December 12,',1978 ,,' STATE RECOMMENDATION THAT ONE UH-ln HELICOPTER BE DELCARED SURPLUS TO NEEDS OF TUE COUNTY AND REQUEST MADE FOR TRANSFER OF SN.1E TO COLLIER MOSQUITO CONTROL DISTRICT - APPROVED County Manager Norman explained that after reviewing the use of a Bell UH-1B Helicopter by the Sheriff's Department, Sheriff Aubrey Rogers has withdrawn the request for the transfer of the aircraft to his department due, in part, to the costs involved. It is being suggested that the aircraft be delcared surplus and, if successful, have the helicopter transferred to the Collier Mosquito Control District and that appropriate plans be made that the unit be available in case of an emergency so that the Sheriff could have tho use of the aircraft. Commissioner Wenzel moved, seconded by Commissioner Pistor, that the recommendation outlined by Mr. Norman be approved with regard to the disposition of one Bell UH-1B Itelicopter. Mr. Brandt Watson, Collier Mosquito Control Distriot, stated that he is interested in acquiring the helicopter noting that "he will take it if they will give it". Itowever, said Mr. Watson after describing the equipment whlch would bA installed for his purposes, tho aircraft could not be prepared for emergency uses on a "hurry- hurry" basis but that his organization would be willing to help in n community disaster situation such as hurricane, or the like. Upon call for the question the motion carried unanimously 5/0. . . * * RECESS I 10:00 A.M. until lOllO A.M. * * * * RESOLUTION 78-184 CREATING A COMMUNITY DEVELOPMENT CITIZEN PARTICIPATION PLAN - ADOPTED Assistant County Manager Richard Woodruff explained in detail the Community "..velopment Citizen Participation Plan in compliance with the Community Development Block Grant Program which the Board is being requested to approved by resolution for the Immokalee area. He said December l2, 1978 that the program allows local governments to pick an area needing economic and housing rehabilitation and permits the tailor-making of a project to suit the needs with particular emphasis on housing and housing-related activities. Under the grant, said Mr. Woodruff, the maximum paid for anyone year is one-million dollars and the proposal is to put together, with Board approval, a three-year pro- gram for one-million dollars for each of those years. lie said that Federal Regulations require the Board to adopt a Community Develop- ment Citizen Participation Plan, identify the project area, and then identify the programs within that area. He noted that a pre-appllcation must be made by January 15, 1979. Commissioner Wenzel questioned why the program is being suggested for the Immokalee area alone noting that other areas such as East Naples and North Naples could benefit from such programs, adding that the people paying the taxes are entitled to receive some of their money back. Mr. Woodruff responded by stating that, following analysis of the community, it has been determined that Immokalee is the only area meeting the criteria. Following discussion, Commissioner Archer moved, seconded by commissioner Wimer, that Resolution 78-184 creating a Community Development Citizen Participation Plan be adopted. Commissioner Wenzel inquired about the progress being made to obtain a grant for recreational facilities for senior citizens with Nr. Woodruff replying that discussions have been held with the consulting firm of I.S.I. and a list of possible grants for additional programs should be brought before the Board in the near future. Citizen Mike Zewalk concurred with the previous statement made that other areas should be considered also, not just the one area of Immokalee. Mr Woodruff further explained that in order to successfully apply for funds certain pre-established threshhold levels must be met such as median income, unemployment, deteriorating housing, &OC~ 044 r'.~ '652 . ----..-..- .....-...........- .,.. ........._...__.,_...~..- ,.-. ..._-_._--......,............~.__..... ...,."., .'......' .-.. ..............:...~_..._....._..._--- lloax 041 ~853 '\' December 12, 1978 and the like, which are existing in the Immoka1ee area. Mr. Stephen Mitchell, local resldent, inquired if the program is 100\ federally-funded or if there will be County participation. Mr. Woodruff stated that it is entirely federally-funded and that, in addition, all staff work necessary to carry out the grant program will be funded from the grant if the application i. approved. Upon call for the questlon the motion carried 4/1 with Commissioner Wenzel voting in opposition. * * * * * * * * * .. * * * * * * * * * * * \J~ 0-44 ,~'66r December 12, 1978 ACQUISITION OF LAND FOR CONSTRUCTION OF A PROPOSED MEDICAL EXAMINER'S FACILITY FOR COLLIER COUNTY - COMMISSIONER ARCHER REQUESTED TO WORK WITH COUNTY MEDICAL EXAMINER IN THIS REGARD, WITH COURTHOUSE PROPERTY TO BE CONSIDERED AS A POSSIBILITY Prior to the arrival of Dr. Heinrich O.E. Schmid, Medical Examiner, brief discuDsion was held regarding the existing facilities being used for Dr. Schmid's work and the need for a new facility including sug- gestions for location of same, possible grant funding, and the like. Dr. Schmid presented for Board review blueprints of a proposed facility prepared by hlm which he feels are workable for his purposes. When informed that there are plans available, prepared sometime ago, Dr. Schmid stated that he would like to review them, noting that the plans prepared by him would have to be submltted to a reglstered architect who would prepare drawings. Concerning the estimated cost of such facility, Dr. Schmid said, in his opinion it would be approximately $60.00 per square foot with a total cost, probably including equipment, in the range of $200,000 to $250,000. He stated his preference to be located near the Naples Community Hospital to provide for the frequent communicati.ms between the hospital and the Examiner's facility. It was Commissioner Wenzel's suggestion that, if feasible, Courthouse property be considered, with Commissioner Pistor concurring with the suggestion due to the high cost of available land. Chairman Brown requested that Commissioner Archer meet with Dr. Schmid for the purpose of providing recommendations for the Board to consider. OOARD AUTHORIZES FINAL ACCEPTANCE OF BAKER-CARROLL POINT NO.2, AND AUTHORIZES RELEASE OF $8,000 LETTER OF CREDIT County Engineer Barksdale explained that Baker-Carroll Point No. 2 was granted Initial Accpetance by the Board on May 20, 1975 at which time a maintenance bond in the amount of an $8,000 letter of credit was posted. Mr. Barksdale said that deficiencies have been corrected and it is found to be in satisfactory condition, and recommended Final Acceptance be approved for that portion of the street. December 12, 1978 Commissioner Wenzel moved that, since the staff recommends it, the Eoard approve Final Acceptance of Baker-Carroll Point No.2, and that the $8,000 letter of credit be released. The motion was seconded by Commissioner Pis tor and carried 4/0 with Commissioner Archer not present at the time of the vote. HI':SOLUTION 78-186 RE PETITION SDP-78-13C BY DELTONA CORPORATION REQUESTING DEVELOPMENT PLAN APPROVAL FOR 431 UNITS ON PORTION OF TRACT "~", MARCO BEACH, UNIT 22, IN ACCORDANCE WITH PETITION TDR- 77-1C, AND RESCINDING RESOLUTION 78-l17A - ADOPTED WITH STIPULATIONS, PETITIONER'S AGREEMENT TO STIPULATIONS - ACCEPTED Dr. Neno Spagna, Community Development Administrator, explained that petition SDP-78-l3C by the DeltonA Corporation is to revise the previour.ly-approved site plan by reducing the number of units from 432 to 431, and increasing the number of TOR units from 149.15 to 156.9. Ue located the properties in question on the map displayed, noting that in addition to reducing the number of residential units, the height of on~ building will be reduced from 21 stories to 19 stories, the front setbacks of one building will be increased from 104' to 256', the other building increased from l81' to 2561. Other changes in the plan were pointed out by Dr. Spagna with regard to location of parking areas, swimming pool, and the like, and the fact that there will be additional amounts of landscaping and opon spaces. Dr. Spagna stated that the CAPC held their hearing on tho petition on December 7, 1978 at which time it was recommended for approval with certain stipulations which have been agreed upon by tho petitioner. Brief di~cussion followed concerning building height limitations which Dr. Spagna stated were 200' in the partiCUlar area and which have never been changed although discussions have been held regarding limiting buildings to eight stories with no action taken. He said if changes were desired, the Planning Commission could be so instructed and public hearings held to amend the ordinance to reduce tho heights in these areas. MC~ 041 neE 662 ~. *...-~ - - . ~~ 044 1I~'663 December 12, 1978 Commissioner Wenzel moved, seconded by Commissioner pistor and carried unanimously 5/0, that Resolution 78-186 re Petition SDP-78-l3C by Deltona Corporation requesting development plan approval for 431 units on portion of Tract "E", Marco Beach, Unit 22, rescinding Resolution 78-117A, be adopted, and that the petitioner'S Agreement to stipulations imposed be aocepted. Mr. Stephen Mitchell, Marco Island resident, observed that the maps are still showing an opening from the Gulf into Clam Bay and, noting that there are properties shOwn, wondered if there had been changes made, if not, the maps should be correoted. Dr. Spagna stated that the plat would have to be raised to do so, and County Engineer Barksdale explained that the area is platted as a wa terway. Ms. Charlotte Westman, Marco Island resident, inquired about the setback requirements from the beach with Dr. Spagna responding that these are controlled by the Coastal Construction Setback Lines and estimated that the requirements are between 150 and 200 feet. Mr. Robert West, r.presentlnq the pe~1tloner, stated that the plan meets the required setback restrictions, noting that the development will be some distance behind the requirements. Ms. Westman suggested that plans for development show these figures. * * . * * * * * * * * * . * * * - } December 12, 1978 RESOLUTION 78-185 TO RECOVER FUNDS EXPENDED BY COUNTY TO ABATE A PUBLIC NUISANCE (WEED ABATEMENT) ON LOT 23, BLOCK 74, UNIT 6, NAPLES PARK - ADOPTED Commissioner Pistor moved, seconded by Commissioner Archer and carried unanimously 5/0, that Resolution 78-185 to recover funds expended by County to abate a public nuisance (weed abatement) on Lot 23, Block 74, Unit 6, Naples Park, be adopted. . * * . * * * . * * * * * ~ * * * * * * * * t:)~~ 04~ PAr.E56B December 12, 1978 BOARD AUTHORIZES REVAMPING OF EXISTING PARKING LOT AT SR-95l BOAT RAMPJ APPROPRIATE BUDGET AMENDMENT IN THE AMOUNT OF $2,000 TO BE PREPARED AND SUBMITTED TO BCC County Manager Norman reported that a recommendation has been received from the Parks Department for approval to revamp the existing parking lot at the SR-95l Boat Ramp, adding four additional parking spaces, at a cost of $2,000. He said that major expansion of the parking lot is not being recommended at this time due to the un- certainties involved in the proposed widening of the highway to four lanes. Commissioners Wenzel and pistor expressed concern over the proposed cost with Commissioner Wimer suggesting that the 1imerock are. continue to be used for parklng facilities. County Engineer Barksdale observed that $500 per parking space is not exhorbitant considering thl nocessary size of the parking spaces and the fact that the area will be paved and restriped. He also pointed out that further expaJ/sion would necessitate obtaining permits from DER, the Corps of Engineers, and DOT. Commissioner Brown moved, seconded by Commissioner Pistor, that authorization be given to revamp the existing parking lot at the SR-9Sl Boat Ramp and that a budget a~.ndment be prepared in the amount of $2,000 for appropriation of funds. The motion carried 3/2 with Commissioners Wimer and Wenzel voting in opposition. DEED TO BAYVIEW PARK DATED NOVEMBER 15, 1978 FROM THE CITY OF NAPLES - ACCEPTED FOR RECORDATION Commissioner Arch~r moved, seconded by Commissioner Wenzel and carried unanimously 5/0, that the Deed to Bayview Park, dated November 15, 1978, from the City of Naples, be accepte~ for recordation, as recommended by staff. * * * * * ~~~ ~~~ * * * * * * Deoember 12, 1978 ENGINEERING SERVICE CONTRACT AGREEMENT WITH CH2M HILL SOUTHEAST, INC. RE DEVELOPMENT OF COUNTY WATER SUPPLY, TREATMENT AND TRANSMISSION SYSTEM - APPROVED FOR CHAIRMAN'S SIGNATURE, CONSULTANTS AUTHORIZED TO PROCEED WITH REQUIRED WORKl FISCAL OFFICER TO PROVIDE RECOMMENDATIONS TO BCC RE FUNDING OF SAME Utility Director Irving Berzon reviewed briefly the scope of services to be performed under the Engineering Service Contract Agreement with CH2M Hill Southeast, Inc. which is being presented to the Board for approval, copies of same having previously been distributed. He said that in addition to the required engineering services related to the development of the County Water Supply, Treatment and Transmission System, the plan will establish engineering alternatives as well as financial alternatives. Commissioner Wenzel inquired about the time period required to finalize the report once the appraisals of the Isles of Capri and Marco Island systems have been prepared. Consulting Engineer Ted Smallwood Itltiponded that, assuming the subject appraisals are nvnilable March 1, 1979, the final report will be ready approximately June 1, 1979. Lengthy discussion follow~d during which Mr. Berzon stated that the study will be very comprehensive and, in his opinion, one which will be done in very quick time considering the magnitude of the work and that when it is done the County will have some very definite alternatives and directions which the County can take. To further clarify, Mr. Berzon said that a master plan will be developed which will have very specific items and elements which, once adoptJd, will have to be implementdd through con~truction programs. The possibility of obtaining data from work done by the South Florida Water Management District in the pertinent areas was addressed with Mr. Berzon advising that the District's schedule calls for their working in these areAS the latter part of 1979, however, efforts will be made to get this work performed earlier in order to save County funds, if possible. It was suggested that it might bo helpful to contact the District in this regard, following which Commissioner bOOK U44 ~:.fB74 , . . . .~ ~ ~~. -........-- ._........,.......... ........ .~., ...... - ..........,......_.__..._...~......-.. ....-.....- .'-.'--'--"-'---" .--.....- Do~~ 044 ft,~t.675 December 12, 1978 Wenzel moved, seconded by Commissioner Pistor and carried unanimously 5/0, that the Chairman be authorized to write a letter to the South Florida Water Managment Distriot requesting that their work be axpod !.ted. Commissioner Henzel moved, seconded by Commissioner Pistor, that the Engineering Service Contraot Agreement with CH2M Hill Southeast Ino. re Development of County Water Supply, Treatment and Transmission System be approved. Commissioner Archer inquired about the total amount of funds involved in the Agreement with the Consultants with Mr. Berzon responding that the total amount is +$140,000, noting that $38,000 possibly would not have to be spent because of the drilling work baing done by the District. He said that if the amount has to be spent, it will be spent in conjunction with the drilling work. Fiscal Officer Hall stated that the source of funds for the project should be discussed. He said that approving the expenditure is in order but that there is a question of availability of funds. He concurred with Commissioner llenzel' '" ",.."'tement that the project was included as part of last year's budget, however, at this point, Mr. Hall said that a specific sou roe for the funds has not been approved. 110 said that the funds can be borrowed from a commercial source or, again, make an advance from the General Fund. Mr. Berzon said that tho loan can be paid back from the construction bonds, adding that system development charges for water supply are being collected which is also a source of funds for this purpose. Mr. Berzon pointed out that revenues from the water system are not sufficient to cover work of the magnitude under discussion stating that "We are buying retail and selling retail and it's a little hard to make money that way". Another possible source of funds is from the Bond Issue, suggested Commissioner Wimer, with Mr. Berzon stating that, in his opinion, such funds could possibly be used outright, but not as a loan. County Attorney pickworth observed that it was his opinion that one to one December 12, 1978 and one-half million dollars was included in the Bond Issue for the sort of project being discussed, adding the comment that it might not have been formalized, however, it was discussed. Upon call for the question on the motlon on the floor, the motion carried 5/0 for approval of the Agreement. Mr. Hall was instructed to come back to the Board with his recommendations regarding funding. Mr. Berzon inquired it, included in the motion, was authorization for the engineers to proceed and received assurance from the maker and seconder of the motion that such authorization was a part of the motion. . . . . . . . . It . . . * * . . * * . * * b.;l)~ 044 rl.v~('16 December 12, 1978 ROUTINE BILLS - APPROVED FOR PAYMENT Following Fiscal Officer Harold Hall's statement that the bills being presented for approval have been processed following established procedure and that funds are available, Commissioner Wenzel moved, seconded by commissioner Pistor and carried unanimously 5/0, that the bills be approved for payment as witnessed by the following warrants issued from December 6, 1978 through December 12, 1978: ~ WARRANT NOS. 001926 - 002168 53392 - 53812 3 - 5 3 3 1 1 2 1 3 3 3 3 1 county Warrants BCC Payroll General Fund Road & Bridge 12 Interest & Sinking Golden Gate I , S Collier County Fire District Collier County Lighting Ochopee Fire Distrlct CETA Water Management Municipal Service Taxing Dist. Grants & Gifts Intragovernmental Services BUDGET AMENDMENT 79-17 TO APPROPRIATE FUNDS FOR PURCHASE OF OFFICE EQUIPMENT FOR BCC OFFICE - ADOPTED IN THE AMOUNT OF $685 Commissioner Pis tor mo\'~d, seconded by Commissioner Archer and carried unanimously 5/0, that Budget Amendment 79-17 to appropriate fundo for the purchase of a typewriter for the office of the Board of County Commissioners be adopted in the amount of $685. . . . . . * . . . * . * . . &OOK 044 pt~~ 688 . IllIl~' December 12, 1978 REPORT ON CONTRACT COMPLIANCE REVIEW SUBMITTED BY HOLCHER, TAYLOR & METHENY RE AMERICAN AMBULANCE - ACCEPTED FOR THE RECORD, CLERK'S OFFICE DIRECTED TO PROCEED WITH FURTHER REVIEW, AS RECOMMENDED THEREIN Fiscal Officer Harold Hall advised that the Report on the Contract Compliance Review, re American Ambulance, as authorized by the Board, has now been completed. He noted that a copy of the Report, as submitted to Clerk William Reagan from the Holcher, Taylor & Metheny CPA firm, has been provided to the Commissioners. Mr. Hall said that the Report indicates that Amerlcan Ambulance and the County are in general compliance with the Contract, adding the comment that the Report identifies several expendltures which it wna falt should bo ohecked for proprhty. It. laid that the Clerk'. Office will follow up on these expenditures following receipt of the Financial Opinion Audit of American Ambulance which is currently being completed by Taylor, Edenfield, Gilliam and Wiltshlre, CPA's. Commissioner Wimer moved, seconded by Commissioner Pistor and unnnimou.ly carriod 5/0, that the Report on Contr.ct Complianco Roview re American Ambulance, as prepared by Holcher, Taylor' Metheny, be acceptod for the record, and that the Clerk's Office be directed to proceed with the further review of certain expenditures, as recommended therein. A}IENDMENT TO PURCHASE AGREEMENT RE COMPUTER ELECTION SYSTEMS, INC. TO PROVIDE FOR TRAINING SEMINAR FOR VARIOUS STAFF MEMBERS - APPROVED Mr. Robert pickett, Jr., representing Computer Election Systems, Inc., explained that he has met with various County staff members concerning training with regard to the new voting machine system and an amendment to the Purchase Contract was drawn up for Board approval which addresses this matter. It has been suggested, said Mr. Pickett, that a training seminar be held during the first quarter of 1979, definite date for same to be estahlished later. He said that the training would involve mostly employees of the Supervisor of Elections' office with regard to election procedures, and the like, to obtain more efficiency. b~~K 044 fA;": 690 .. ' I .~- ---..---..----.. ..... _.._ ...... . '....... ......._....._....,._..... ....._.... ...___......R..................._...l......___._...-. .._. 600( 044 f~~, 691 December 12, 1978 It was Commissioner Archer's suggestion that a representative from the Data processing Department should be familiar with the operation of the equipment, and, since the Board of County Commissione; are responsible as the Canvassing Board and present when the ballots are counted, they should also be familiar with the equipment and operation, and possibly audit the course being presented to the actual workers. Mr. pickett stated that this procedure is agreeable to him. Commissioner Wenzel moved, seconded by Commissioner Pistor and unanimously carried 5/0, that the Board approve the purchase of the subject voting machines, based on the Contract submitted by Computer Election Systems, Inc., and reviewed by staff, and that the Chairman be authorized to sign same. . . . . . . . . . * . * . * . * . * . * * .~ .~. __ _....__u__ ~... . -....-........ .--. - ....,. .......... -.....-... -... ." !-1C< 04.4 r,,~ 693 December 12, 1978 '"' COMMISSIONER ARCHER PROVIDES STATUS REPORT ON PROPOSED LOCAL LEGISL~TION REGARDING DRUG-RELATED PARAPHERNALIA SALE Commissioner Archer reported that he has secured several different Acts passed by other governmental bodles including throe Bills passed by the Georgia Senate and House, one of which has been "knocked down" by the Federal Courts slnce he received same. There are other places of legislature, said the Commissione~ which have been passed but whlch he has not as yet received copies. As the material is recelved, he continued, it is being submitted to the County Legal Department for the purpose of starting to draft an or.dinance whioh, hopefully, will prohibit the display and selling of paraphernalia which is drug-related. He said that this is not a short-term projeot but rathor one which will necessitate much research to prevent passage of Bills on which the Courts will make adverso decisions. He also said that there are various civic groups becoming involved and taklng a stand on the problem and there is a great deal of support from interested persons in Collier County. Concluding, Commlssioner Archer said that it will be several weeks before the draft of a proposed ordinance will be ready for consideration and discussion. CHAIRMAN AUTHORIZED TO SIGN, AFTER-THE-FACT, LETTER TO DELTONA CORPORATION RE POSSIBLE PURCHASE OF MARCO ISLAND UTILITIES Following brief explanation by Administrative Aide to the Board, Commissioner Wenzel moved, seconded by Commissioner Pistor and carried 4/0 with Commissioner Wimer not present at the time of the vote, that the Chairman be authorized to sign, after-the-fact, response to Mr. W.H. O'Dowd's (The Deltona Corporation) letter of November 2, 1978 re the County's interest in purchasing the Marco Utility Systems if said purchase is feasible in the light of the overall plan, said letter having not been previously acknow- ledged. December 12, 1978 CHAIRMAN AUTHORIZED TO SIGN CERTIFICATES FOR CORRECTION TO THE 197B TAX ROLL NOS. 26-1978 AND 27-1978 Commissioner Archer moved, seconded by Commissioner Wenzel and carried 4/0 with Commissioner Wimer not present, that the Chalrman be authorized to sign Certificates for Correction to the 1978 Tax Roll Nos. 26-1978 and 27-l97B. ASSISTANT COUNTY MANAGER WOODRUFF RECOMMENDED TO GOVERNOR FOR APPOINTMENT TO DISTRICT ADVISORY BOARD, OFFICE OF MANPOWER PLANNING Commissioner Archer moved, seconded by Commissioner pistor and carried 4/0 with Commissioner Wimer not present, that the name of Assistant County Manager Richard Woodruff be submitted to the Govornor for appointment as County Representative on the District Advisory Board of the Office of Manpower Planning. TRAVEL AUTHORIZED FOR COMMISISONER ARCHER TO TAMPA, FLORIDA, DECEMBER 15, 1978 TO ATTEND SACC WAYS' ME1\NS COMMITTEE MEETING Commissioner Pistor moved, seconded by Commissioner Archer and carried 4/0 with Commissioner Wimer not present, that travel to Tampa, Florida December 15, 1978 for Commissioner Archer's attendance at tho meeting of the Ways & Means Committee of the State Association of County Commissioners be authorized. DOARD APPROVES PROPOSAL BY EDC TO OBTAIN APPROXIMATELY $6,000 FROM DCC CETA PROGRAM TO UNDERTAKE ACTIVITIES OUTLINED IN EDC LETTER DATED DECEl>1BER 4, 1978 Commissioner Pistor moved, seconded by Commissioner Wenzel and carried 4/0 with Commissioner Wimer not present, that the request contained in letter datecS Decelnber 4, 1978 h'om Ralph E. Carter, Chairman, Economic Development Council of Collier County, Inc. for obtaining approximately $6,000 from the County CETA Program for the purposes outlined thereln, be approved . It was noted by AcSministrative Aide to the Board Mary Morgan prior to Board action on the proposal that the matter has been checked by CETA Director James Meerpohl, and that funds are available for the purpose. I\'l"~ 044~:I 694- , - ~' __ 'L-.. _. ~~- -_____ ~~~ 044 rl.;Z 695 December 12, 1978 DISCUSSION OF LETTER FROM GRAHAM L. BLAIR RE DAl>1AGES TO PROPERTY FOLLOWING INSTALLATION OF CULVERT BY COUNTY ON LAKE PARK BOULEVARD NEAR U.S. 41 - NO ACTION TAKEN PENDING EXPIRATION OF SIX-MONTH STATUTORY PERIOD Administrative Alde to the Board Mary Morgan called to the Board's attention the response from the Assistant County Attorney dated December 7, 1978 regarding complaint received from Graham L. Blair, dated November 29, 1978, concerning the damages to his property caused by the installation by the County of a culvert on Lake Park Boulevard near U.S. 41 and requesting reimbursement. The response from Mr. Dillon stated that his office will either prepare an approprlate response to the letter or will wait the statutory six-month period ~nd allow Mr. Blair to refile his lawsuit which was dismissed by Judge Hayes due to Mr. Blair's failure to comply with the sovereign immunity statute. It was Commissioner Wenzel's suggestion that no action be taken pending expiration of the six- month statutory period. There were no objections to the Commis- sioner's suggestion forthcoming. DISCUSSION OF LETTER TRANS~ITTING PETITIONS OF PROPERTY OWNERS OF OBJECTION TO CONSTRUCTION or NON-COMFORMING GARAGE ON RESIDENTIAL LOT IN GOLDEN GATE - NO ACTION TAKEN Administrative Aide to the Board Mary Morgan referred to the letter dated December 4, 1978 from Attorney Ray A. Morrissey, Jr. addressed to Commissioner Wimer and transmitting copies of petitions of the persons objecting to the construction of a garage on a residential lot in Golden Gatd. She noted that the construction has been determined not to be in violation of the County Zoning Ordinance. Commissioner Wenzel offered the opinion that courtesy should be shown those persons complaining about the structure by so advising them. Commissioner Archer stated that they have been advised and that they intend to file a lawsuit over the matter against the County. There was no action taken by the Board. December l2, 1978 DOARD AUTHORIZES TERMINATION OF EXISTING CONTRACT WITH FISCAL AGENT WILLIAM R. HOUGH , COMPANY, CHAIRMAN AUTHORIZED TO SIGN LETTER TO FIRM TO THIS EFFECT County Attorney Pickworth stated that, in light of the fact that the expression of interest, as he understands it, is that the Doard wishes to be able to negotiate some kind of arrangements with regard to fiscal agents and, the terms of the existing contract with William R. Hough' Company, it is his opinion that steps should be taken to terminate this contract as a first step, as a matter of propriety. In response to Commissioner Wenzel's suggestion that this termination could be done following interviews with a number of firms interested in acting as fiscal agents, noting that the above- referenced firm would be included when firms are being solicited, Mr. Pickworth questioned how other firms could be dealt with in good faith due to the fact that there is an existing contract. Commissionnr Wonzel observed that it was his understanding that the contract with the above-referenced firm was 1lmlted to certain specific projects. Mr. Pickworth read that portion of tho contract pertaining to the pertinent matter and stated that there were no limitations involved regarding the issuance of bonds, however, regarding the termination of the contract, Mr. Pickworth, referring again to the existing contract, stated that this could bo dona at a "break point" such as now exists. Mr. Charles D. Smith, partner in the firm of William R. Hough & Company, St. Petersburg, Florida, agreed with Mr. Plckworth regarding other firmR I pod tions ~.n dealing with the County in a situation where there is an existing contract, his feeling being that, on the whole, other firms would respect such agreement. Mr. Smith further stated that, to his knowledge, the work done by his firm has been satisfactory and that he would expect to compete again if this is the course of action the Boa~d takes and that the "right thing" to do is to give his firm notice that the Agreement is terminated and to invite the firm to appear before the Board again. Commissioner Wenzel said that a letter will be sent out inviting the firm ~or an interview sometime in January, 1979. --... ~~Ii. 044 ~696 .-,-, -' - -. . ...~ - .-.- -..... -,,-..- ~.~ -~-.._----~...--..-------- _ _ _ ..~. ~ J &Vcr. 044 fA;.z 697 December 12, 1978 During the lengthy discussion which followed, Commissioner pistor expressed concern over the necessity of hiring an additional firm to help in the flnancial end of an appraisal, his opinion being that the appraisal firm should be responsible for hirlng additional help, if needed, ae part of the contract. Considerable discussion took place regarding Mr. Smith's position concerning the appraisal of the Marco I.1and Utility System with Utility Director Berzon stating that, when he was asked by the consulting firm as to the firm's position with the County, he responded that, to his knowledge, they had no position on that particular project. lie noted that he was unaware that there was an existing contract with the firm. Noting that the contract with the William R. Hough , Company can be terminated and bids solicited for future contracts, Commissioner Wimer moved that the staff be authorized to terminate the subject contract and that the Chairman be authorized to write a letter to this effect to the firm. Commissioner Pistor seconded the motion which carried unanimously S/O. It was suggested by Chairman Brown that the scheduling of interviews with interested firms to act as fiscal agents be done aa soon as possible. Mr. Berzon pointed out that the earliest a financial consultant will be needed is estimated to be March, 1979. MISCELLANEOUS CORRESPONDENCE - FILED AND/OR REFERRED There being no objection, the Chair directed that the following correspondence be filed and/or referred to the various departments as indicated: 1. Letter dated November 30, 1978 from David L. Slagle, Bond Development Director, Florida DOT, providing an analysis of sinking fund reflecting receipts and dis- bursements for the Marco Island Toll Bridge - xc to Engineering Department, and filed. 2. Letter dated November 28, 1978 from N. Rex Ashley, Partner, of Taylor, Edenfield, Gilliam , Wiltshire, CPA firm, providing schedule of water production costs of Capri Water Works, Inc. for the fiscal year ended September 30, 1978 - xc to Utility Director December 7, 1978, and filed. " . ...,.'~.", .- ,.. ~ ..... .--~ ..... ... ..-........~....===~~...._-~#..-..~. ...--....::. ..........---;:-..;;.~~:..;::;..-=-~ lJC!t 044 fl~, 699 December 12, 1978 15. Notice dated November 30, 1978 from John P. Thomas, Executive Director, SACC re Local Housing Finance Workshop, Tampa, to be held December 19, 1978 - xc Dr. Spagna, and to Mr. Norman - and filed. l6. Monthly departmental reports for November 1978 from : (a) Building, (b) Homemakers Service, and (c) Civil Defense - filed. . . . . There being no further business for the good of the County, the meeting was adjourned upon motion by Commissioner Archer, seconded by Commissioner Wimer and unanimously carried - Time: l2:10 P.M. BOARD OF COUNTY COMMISSIONERS/EX ICIO GOVERNING BOARD(S) OF SPECIA: ICTS UNDER ITS CONTROL AT'l$S~:, ~I't..LIitM,f.rc) REAGAN, CLE ..'" ' ;:"}. c', ' , :- -", .. ~ . #I~ ~ " ~ I' ., \