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BCC Minutes 01/27/1981 R Naples, Florida, Januar,y 27, 1981 LET IT BE REMEMBERED, that the Board of County Commissioners in and for the County of Collier, and also actin9 as the Governin9 Board(s) of such special districts as have been created according to law and having conducted business herein, met on this date at 9:00 A.H. in Regular Session in Building "F" of the Courthouse Complex with the following member~ present: DtAImwl: VICE-CHAIRMAN: John A. Pistor Cl ffford Wenze 1 C.R. "Russ" Wimer Mar,y-Frances Kruse David C. Brown AlSO PRESENT: William J. Reagan, Clerk; Harold L. Hall, Chief Deputy Clerk/Fiscal Officer; Elinor H. Skinner, Deputy Clerk; C. William Norman, County Manager; Irving Berzon, Utilities Division Director; Neil Dorrill, Administrative Assistant to the County Manager; Jeffor,y Perr,y, Zoning Director; Clifford Barksdale, Public Works Administrator/Engineer; CJnald A. Pickworth, County Attorney; Thomas Hafner, Public Safety Admin- )strator; Terry Virta, Community Development Administrator; Lee Layne, Planner; Frank Wilcox, Purchasing Director; Grace Spaulding, Administrative Aide to the Board; Deputy Chief Raymond Barnett, Sheriff's Department. '" m 059 racE Df _,.....~.~......:\I~:'i!.;..~~ _t<~:~;''-,!~~;~'" ) . J,';'..;:~_";:-.~j~~.E.\.':'_:'I' /.f~_'~~t>c>; ,~,,,:_..,~;,. ~ I't' '" It,' -,:. "" ;~ :J ;:i:I~:~; ,.,.,.~J{ - .-.-r:Y;_:'"~t _ . , ~:.;~\!~ .' "+i! -~'-;~~- 'i',~ "~. . ,'J ~~: .:-. ',N NOTK: Italicn J'np"coonto Hnmo "(!q,,,",tr.rl to bo addncl to aoenda ao [ottowu: ~Ccmt{.lIIwcl f,.om /",lor mcotlno UKmOl'unflCI/ ItClm BOARD OF COUNTY COMMISSIONERS MENDA !n~K 059 rACE 02 January 27, 1981 NOTICE: ALL PERSONS SPEAKING ON ANY AGENDA ITEM MUST REGISTER PRIOR TO THE ITEM BEING HEARD, REQUESTS TO ADD~ESS THE BOARD ON SUBJECTS WHICH ARE NOT ON TillS AGENDA MUST DE SUBMITTED IN WRITING WITH EXPLA- NATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS" AT 11:00 A.M. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECOR~ OF THE PROCEEDINGS PERTAINInG THERETO. AND THEREFORE HAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS ~'ADE, WHICH RECORD INCLUDES T:tE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF AGENDA 4. A~PROVAL OF MINUTES: January 13, 1981 5. PROCLAMATION AND PRESENTATION OF AWARDS A."4 Resolution of the BoaI'd of ColZiar County Ccmmiaslonu'a appl'oving and endol'sing the appointment desi~natlng Nlea Collie" County ae the official County Hostess during har l'ei1ning yoal'. 6. SOCIAL SERVICES 7. ADVERTISED PUBLIC HEARINGS A. Petition BD-80-14C, Mike Murray: Requesting extension of a boat dock to 30' on Warbler Lake in Pine Ridge Second Extension. (Comm. Dev.) 8. OLD BUSINESS A. ~'Reeommondation fol' approval of agr.am.nt for 8aZ. of Naroo Island lneinaratol'. 9. COUNTY MANAGER'S REPORT A. COUNTY MANAGER (1) Recommendation that February 10, 1981, be designated .Youth in Government Day". SOOK 059 ~~ ().I Agcnda Pagc 3 January 27, 19S1 ,\ 10. DATA PROCESSING MANAGER'S REPORT 11. UTILITIES MANAGER'S REPORT 12. COUNTY ATTORNEY'S REPORT 13. CLERK TO THE BOARD'S REPORT A. Payment of bills B. Budget amcndments C. Other 14. BOARD OF COUNTY CDMMISSIONERS A. Recommcndatlon for appointment for Library Advisory Board. 8. Recommendation for appointment to Golden Gate Community (Civic) Center Advi~ory C~mmittee. C. Recommcndation for appointment to District Manpower Planning Advisory Doard. D.A'Recommendation for appointment to the Envil'onmantaZ Advisol'Y Council. IS. MISCELLANEOUS CORRESPONDENCE 16. NEW BUSINESS 17. PUDLIC PETITIONS . 18. ADJOURN i' "l "~i:-:'; ''''. i~~;1), _ .<..~ '<'$, ~i', ,;':ift-',) , ."~~" . :"~-,,'/ -:~f~ -';]'",.; );;1;:0 ~" "V "f::' .I,~' ,~,," "", .. CI == January 27, 1981 PETITION BD-80-14C, HIKE HURRAY, RE EXTENS10N OF A BOAT DOCK TO 30' ON WARBLER LAKE IN PINE RIDGE SECOND EXTENSION - WITHDRAWN TO BE HANDLED ADMINISTRATIVELY Legal notice having been published in the Naples Daily News on January 11. 1981 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was held to consider Petition BD-80-14C, filed by John L. Ackerman, Ackerman Marine for Hike Murray, requesting an extension of a boat bock to 30' on Warbler Lake in Pine Ridge Second Extension. Planner Lee Layne explained that this request for a boat dock extension to 30' is 10' over the maximum length allowed. She stated tl,at at the CAPC publlc hearin9 for this petition on January 15, 1981, ~~e Commission members discussed the screen enclosure at the end of the dock and concluded said enclosure could be hazardous. Ms. Layne noted the CAPC recommended forwarding Petition BD-SO-14C to the Board with the recommendation of denial because the structure at the end of the dock is inapproprIate to the neighborhood and the length of the dock is ir.3ppropriate in the narrow portion of the lake. A discussion followed regarding the advisability of the Board to regulate the length of a boat dock on a private lake. Responding to Commissioner WImer, Ms. Layne stated the area in question is a platted drainage area and the property lot lines are to the edge of the lake instead of to the middle of the lake as is the case on some private lakes. She noted that the lake is a perpetual drainage area. After continued discussion, Commissioner Wimer moved, seconded by Commissioner Wenzel and unanimously carried, that the public hearing be closed and that Petition BD-SO-14C be removed from the agenda with no action taken at this point. Noting that he dId not feel it was the intent of the Board to regulate docks on private lakes, Commissioner Wimer lOved to refer the ~tter back to staff for further investigation and recoanendation, seconded by Commissioner Kruse and unanimously carried. bU~ U..,." iA.L wu EMERGENCY DECLARED; EMERGENCY ORDINANCE NO, 81-3 RE INCLUSION OF DEACH ACCESS IN COUNTY PARKS; PROHIBITION OF GLASS CONTAINERS AND FIREARMS THEREIN - ADOPTED County Attorney Pickworth presented a proposed Emergency Ordinance amending Ordinance No. 76-48 which defines County parkS to include beach access areas; prohibits the possession of firearms in County parks and the possession of glass containers in beach access areas and provides that an emergency exists. He stated that a companion ordi- nance to regulate glass containers on the beach has been drafted and said ordinan~e will be advertised for a public hearing to be held in approximately three weeks. Responding to Commissioner Kruse, Mr. Pickworth stated that the use of alcoholic beverages has been prohibited in County parks under Ordinance No. 76-48 and that this emergency ordinance would extend ,:,~ that prohibition to beach access areas. Mr. Mike Lcwa:k, representative of North Naples Civic Association, spoke in favor of the proposed ordinance. Responding to Mr. Leigh Plummer. President, Marco Island Civic Association, Mr. Pickworth stated that the Marco Island Civic Associa- tion ownership of the residents' beach ends at the high water line. He noted tha~ the Civic Association would have the ri9ht to make their own regulations on that portion of the beach which is landward of the mean high ~1ter line, and that this proposed ordinance would regulate the beach below the high water line. Commissioner Wimer noted that with the passage of this ordinance the Sheriff's Department would have the authority to deal with problems relating to noise, breaking of bottles, etc. in the beach access areas. Responding to Mr. Zewalk, Mr. Pickworth defined a beach access as "any easement, street, alley, right-of-way or any other property deeded or dedicated to the public for the purpose of allowing the public access to beaches across public or private property". Commissioner Wenzel moved, seconded by Commissioner Kruse and unanimously carried/that an emergency exists. Commissioner Wimer moved, seconded by Commissioner Brown and unanimously carried, that the Ordjr~n;e, as numbered and entitled below, be adopted and entered into Ordinance Boot No. 12. January 27, 1981 , ORDINANCE NO. 81-.1- AN EMF.RGt:NCY OIUlINANCY. Am:NlJING OIlOINANCE NO. 76-48; OF.FINING CClUN-rY l'AIlKS TO INCI.U1lt: nF.ACII ACCESS ARF.An; rF.NALIZING roSSESSION OF FIIlE- ARI1S IN COUNTY rARKS AND Tm:, POSSESS ION OF GLASS CONTA INf:IlS IN nF.ACII ACCF.S:; ARF.AS; ADDING SF.VERAIlILITY CLAUSE, pROVIDING FOR AN EIlERGl::NCY TO EXIST AND PROVIDING .'OR AN EFFECTIVE DATE. FEBRUARY 10, 19B1 DESIGNATED "YOUTH IN GOVERNMENT DAY"; COUNTY MANAGER AUTHORIZED TO ARRANGE A PROGRAM RE SAME: EXPENDITURE OF FUNDS AUTHORIZED NOT TO EXCEED $300.00 Administrative Assistant to the County Manager Neil Dorrill ex- plained the annual program whereby the Optimist Club of Naples, the Board and other County officials hcld a "Youth in Government Day" to prOVide fifteen (15) students each from Lely and Barron Collier High School, as designated by.school offici~ls, an opportunity to observe and participate in the operations of County Government. He referred to the Executive Summary dated 1/15/Bl which further explained the program and asked the Board for authorization to arrange said program as well as a luncheon for all participants, the cost not to exceed $300.00. Cvmmissioner We~zel moved, seconded by Commissioner Wimer and unanimously carried, that February 10, 1981 be designated as .Youth in Government Day. and the County Manager be authorized to arrange a program re same and a luncheon for all participants ~ authorized with the cost not to exceed $300.00. RESOLUTION 81-12 RE PETITION SNR-81-1C, BRAR ASSOCITATES OF NAPLES, FLORIDA, INC. REQUESTING STREET NAME OF HERONPOINT DRIVE IN PELICAN BAY SUBDIVISION - ADOPTED Planner Lee Layne presented Petition SNR-81-1C, filed by Brar Associates of Naples, Florida, Inc. requesting confinmation of the street name of Heronpoint Drive within Pelican 8ay Subdivision. Commissioner Wenzel moved, seconded by tona1ss10ner Brown and unanimously carried, that Resolution 81-12 re Petition SNR-81-1C be adopted. . '~. " ;:::J iii3 = Januar,y 27, 1981 . SUBORDINATION AGREEMENT WITH nORmA POWER: AND LIGHT COMPANY RE GOODLETTE ROAD EXTENSION (GOLDEN GATE PARKUAY) - APPROVED FOR CHAIRMAN'S SIGNATURE Public Works Administrator/En9ineer Clifford Barksda1e explained .. the recommendation to approve and execute a Florida Power and Light ~any Subordination Agreement for the construction of Goodlette Road'. Extension (Golden Gate Parkway) in the S-curve area. He explained the COmpany has an existing aerial power line in the easement and this is a standard agreement which the County has with Florida Power and Light COmpany in the purchase of a fee simple title. Commissioner Wenzel moved, seconded by Commissioner Wimer and ~nanimously carried, that the Subordination Agreement with Florida Power and Light Company be approved for the Chairman's signature. * * * * * * * * * * * * * * * * * * * * * . . . --.... "", . r~:;. - '_,' ;,"_1:;:;~ - ',,.-'k- :.. 'v,.~ .-.~. .. '..<,~,fl.t3.i ' -,',.-" '. .:"'i~'" '.. ""'"H. ., -. t:;)~ .' m,.. . .. ,J!i,~ .'.:!'~~ _.:/~ :",,''i./':'' " ,'o'!i":fJ .''1,,,,. .::~ ~u~~: ~~~~ ,r.~ ~.. ""'.\ ',-,\' . :'~'i '~.~ .t. ; .I"~ -...'...;...... ':. .' ~', " ,', .J, - .'r-... January 27. 1981 059 l''\~ 30 . FINAL 'ACCEPTANCE.OF PINE RIDGE SECOND EXTENSION REPLAT - APrROVED; RELEASE OF IRREVOCADLE LETTER OF CREDIT FROM FIRST NATIONAL BANK AND TRUST COMPANY NO. 79-7. - $4,879 - APPROVED Public Works Administrator/Engineer Clifford Barksdale explained that Pine Ridge Second Extension Rcplat was granted preliminary ac- ceptance on October 2, 197~, as more fully defined within the Execu- tive Summary dated 1/12/81. Commissioner Wimer moved, seconded by Commissioner Wenzel and unanimously carried, that the Pine Ridge Second Extension Replat be approved for final acceptance and that the Irrevocable Letter of Credit from F.:rst National Bank and Trust Company No. 79-7 in the amount of $4,879, be released. AGREEMENT WITH CITY OF' NAPLES RE RELOCATION OF UTILITY FACILITIES AT THEIR EXPENSE RE FOUR-LANING GOODLETTE-FRANK ROAD - APPROVED FOR CHAIRMAN'S SIGNATURE Public Works Administ~ator/Engineer Clifford Barksdale explained the agreement with the City of Naples to relocate their utility fa- cilities at the City's expense in the railroad right-of-way as further cxplained in the ExecutIve Summary dated 1/14/81. Commissioner Wimer moved, seconded by Commissioner Wenzcl and unanimously carried, that the agreement with the City of Naples re relocation of utility facilities at their expense pertaining to four- laning Goodlette-Frank Road be approved for the Chairman's signature. * * * * * * * * * * * . '_.r .~?~. ..::/., ' ,',. " . "\i. ",' {t,., :!I:" :,~ir' i -'~' - 'j ;rt'r,: )"".1,.; . '" ,~" -,>>j, :-:\ :f. ,-,/ ":.'\" ';' ~~ :.~~ .:.'1>-. ;.l;:' :~t 'i:f" .---,~~' ...~,~, .''''' '..~ I\OJ~ 059 rA~ 34- January 27, 1981 . QUIT-CLAIM DEED FROM CITY OF NAPLES - ACCEPTED; PAYMENT AUTHORIZED TO SEARS, ROEBUCK AND COMPANY FOR A PORTION OF GOLDEN GATE PARKWAY EXTENSION Public Works Administrator/En9ineer Clifford Barksdale explained the need for an additional 12 feet of land for the 100 foot right-of- way required to construct Golden Gate Parkway Extension from Goodlett! Road to Airport Road as further explained in the Executive Summar,r dated 1/14/81. He explained that this remaining parcel of land, owned by Sears, Roebuck and Company, is the only parcel not donated to Collier County. Mr. Barksdale explained the Quit-Claim Deed which he recom- mended the Board accept from the City of Naples which will convey an easement from Sears, Roebuck and Company at a cost of $14,535 or $1.25 per square foot. Responding to Commissioner Wenzel, Mr. Barksdale af- finned that this mone~ would come out of the State Bond Issue. Commissioner Wenzel moved, seconded by Commissioner Brown and unanimously carried, that the Board accept a Quit-Claim Deed from the City of Naples conveying interest in the 12 foot wide Parcel A from Sears, Roebuck and Company as right-of-way for construction of Golden Gate Parkway and authorize payment of $14,535 for said parcel. Commissioner Wimer noted for the record he voted for this motion but he Objects to having to pay Sears, Roebuck and Company for this road which will benefit the Company, and he said he did not feel this action was very "corrrnunity mindea' of the Company. ,',,; ",} -'.j .';~1 ; ~-i .",It '~:~ ,<~ - '.' * * * * * * * * * * * * * .;:1: '). .,'~ :~ ':',:.j . 0,7,) '.I'~ ;"', ,. .. '.:.~.' "'~-if> " ,;';,'f" "":".:, 8D~( 059 rACE 38 January 27, 1981 APPROVAL FOR THE ROTARY CLUB OF IMMOKALEE TO CHARGE ADMISSION FEE AT 7TH ANNUAL FUND RAISING WILD HOG BAR-B-Q, FEBRUARY 14, 1981 AT THE COUNTY'S IMMOKALEE AIRPORT PARK County Manager C. William Norman explained the Immokalee Rotary Club Annual Fund Raising Wild Hog Bar-B-Q and recommended that the Immokalee Rotary Club be permitted to use the Immokalee Airport Park on February 14, 1981 for this purpose and to charge admission for the event. Commissioner Brown moved, seconded by Commissioner Wenzel and unanimously carried, that approval be granted to the Rotary Club of Immokalee to use the County's Immokalee Airport Park for their 7tl. Annual Fund Raising Wild Hog Bar-B-Q on February 14, 1981 and to charge an admission fee for that event. SID #470 RE ANNUAL CONTRACT FOR OPERATIONAL SERVICES OF SEWAGE TREAT- MENT FACILITIES OF VARIOUS LOCATIONS IN COLLIER COUNTY - AWARDED TO McMILLIAN ENVIRONMENTAL SERVICES IN THE SUM ~F !750 PER MONTH LESS 2% TEN (10) DAYS NET THIRTY (30) Legal notice having been published in the Naples Daily News on Dece"ber 19 and 22, 1980 bids were accepted untfl 2:30 P.M. January 14, 1981 for Bid #470 for operational services of sewage treatment facil- , itles at various locations in Collier County. Purchasing Director Frank Wflcox explained the low bidder for Bid #470 was McMillian Environmental Services, who currently provides the operational services for the three (3) sewage treatment plant facilities In Immokalee, and that the !um of $750 per month less 2% ten (10) days net thirty (30) represents no increase over last year. Responding to CommissiOl1er Wenzel, Mr. Wflcox said the Building Maintenance Department provides the supervision of this operation. Conmlssioner Wimer moved, seconded by Commissioner Brown and unanimously carried, that Bid 1470 for operational services of sewage treatment facilities of various locations in Collier County be awarded to McMillian Environmental Services as contained in the recommendation of the 8id Review Committee and that the Chainman and the Clerk be au- thorized to sign and attest the resulting Agreement. "" ... ~ January 27, 1981 ROUTINE 8ILLS - AUTHORIZED FOR PAYMENT . . . Commissioner Wimer mOved, seconded by Commissioner Brown and unanimously carried, that the bills, having been processed following established procedure with funds available, be approved for payment: as witnessed by the following checks issued from January 21, 1981 through January 27, 1981: ACCOUNT CHECK NOS. 4332 - 4526 5432 - 5613 County Checks BCC Payroll - CETA BUDGET AMENDMENT 81-21 RE TRANSFER OF FUNDS FOR NEW MOBILE FIELD OFFICE FOR CONSTRUCTION PROGRAM MANAGEME~T AGENT (POLIZZI/HEERY) - ADOPTED IN THE AMOUNT OF $5,470 Commissioner Wenzel moved, seconded by Commissioner Wimer and unanimously carried. that Budget Amendment 81-21 re transfer of funds for the new mobile field office for the construction pro9ram manage- ment agent in the amount of $5,410. be adopted. * * * . * * * * " * * * * * * * * * * '.. , ~,:' ---' ,'. >'..i.it.. :1,ll}\'\'I'!"~ ~ " ~ffJ~ ,-~ '"l.~j~~ '.~~ "'::~I'~.. r' , ,j, '-~ ".'."i":'i' .. ", ....~.. ":';-", "'. '. " ,"i'_~ ',,'" . . '~~,:i~;", .:,,'.::~':~,~'~ " " .:-;<, ',O;,~ - .:~:. ...'~~;.fM. . ;'J'~: . '~.A({~ ',!;,~' . ,:' ,~. ';'1 NlOK 059 FACE .42, January 27, 1981 MR JOHN M E.K"UND AND MR, ERNEST H. DAVIS REAPPOINTED AS REGULAR MEMBERS FOR FOUR-YEAR TERMS TO THE LIBRARY ADVISORY BOARD Commissioner Wimer moved, seconded by Commissioner Wenzel and carried 4/1, Commissioner Brown not present, that the 80ard reappoint Mr. John H. Eklund and Mr. Ernest H. Davis as regular members for four-year terms to the Library Advisory Board effective January 1, 1981. MRS. BIRNEY MILLER REAPPOINTED AS A REGULAR MEMBER FOR A TWO-YEAR TERM AND MR. WILLIAM DOUGLAS KEITH AS AN ALTERNATE MEMBER TO THE GOLDEN G1,TE COMMUNITY (CIVIC) CENTER ADVISORY COMMITTEE Commissioner Kruse moved, seconded by Commissioner Wenzel and carried 4/1 with Commissioner Brown ;,ot present, that the 80ard reap- point Mrs. Birney Miller as a regular member for a two-year term and Mr. William Douglas Keith as an alternate member to the Golden Gate Community (Civic) Center Advisory Committee, effective January 1, 1981. MRS. GRACE SPAULDI:;G RECQIotlENDED TO GOVERNOR GRAHAM FOR APPOIrmlENT TO THE DISTRICT MANPOWER PLANNING ADVISORY BOARD Corr~lssioner Wimer moved, seconded by Commissioner Kruse and carried 4/1 with Commissioner Brown not present, that the Board recQl- mend to Governor Graham that Mrs. Grace Spaulding be appofnted to the District Manpower Planning Advisory Board. Responding to Commissioner Wenzel, Administrative Aide to the Board Grace Spaulding explained there are only two meetings per year for this Board. MR. THEODORE BELOW REAPPOINTED AND MR. EUGENE A. LOJEWSKI APPOINTED AS REGULAR MEMBERS FOR FOUR-YEAR TERMS AND DR. JAMES A. WESllWI AP- POINTED AS ALTERNATE TO THE ENVIRONMENTAL ADVISORY COUNCIL Commissioner Wenzel moved, seconded by Commissioner Kruse and carried 4/1 with Commissioner Brown not present, that the Board reap- point Mr. Theodore Below and appoint Mr. Eugene A. Lojewski as regular members for four-year ~1'IlS and Dr. James A. Westlllan as an alternate to the Environmental Advlsor,y Council effective iaaediately. In response to Commissioner Wimer. eo..issioner Krusl said that Dr, James A. Westan is appointed an alternate since he resides in Collier County only six R)Ilths of the year and the EAt Ills IlId reciat difficulty aChieving I quo~ for the Council's ...tings. .' ". .:"f:1" ..-.',.. -.J: -'~ .. .~-~~ >' ~} January 27, 1981 * * * Commissioner Brown returned to the meeting - 9:45 A.H. * * * STAFF INSTRUCTED TO OBTAIN SPACE FOR SHERIFF'S OEPT: SUBSTATION ON MARCO ISLAND; PRESENT LEASE TO BE TERMINATED; BUDGET AMENDMENT TO BE PREPARED. STAFF INSTRUCTED TO OBTAIN SPACE FOR SHERIFF'S SUBSTATION IN NORTH NAPLES AREA WITHIN THE NEXT 60 DAYS Deputy Chief Raymond Barnett explained that currently the County is paying $8.55 per square foot per month for 400 square feet for the Marco Island Substation at 601 Elkam Circle in the Marco Office Plaza. He said that more space is needed for this substation and office space in the Marco Island Post Office is now available at a cost of $7.00 per square foot for 1,872 square feet. A general discussion followed during which Chairman Pistor noted that the additional space afforded by the Post Office would enable the County to share the facilities with the Tax Collector's Office, for ~he purpose of the sale of license plates, etc.; the Tax Assessor's Office for two months during the year for Homestead Exemption transactions; and the Supervisor of Elections. Mr. Barnett explained that the Post Office has a chain link fence arourd the property which would eliminate the vandalism now incurred to the Sheriff Department's cars which must be left at the substation. . Chairman Pistor stated he personally inspected the Post Office space and said the location would be advantageous to the above-noted offices and represents improvemPnts over the current substation. Fiscal Officer Hall explained the increased cost would be calculated and the money would come from the Unincorporated Area General Fund, HST. Ad- ministrative Assistant to the County Manager Neil Oorrill noted the necessity of terminating the present lease which the County has with the owner of the building where the current substation is housed. Commissioner Wimer moved, seconded by Commissioner Wenzel and unanimously carried, that the proposal to obtain space for the Sheriff's Department Substation in the Marco Island Post Office be approved; that the present lease be tel"llinated; and that the Fiscal Officer prepare the appropriate budget all1endlllent. January 27, 1981 , bOOX 059 rACE 44- Noting the large population and very high crime rate in North ~. Naples, Commissioner wimer-moved, seconded by Commissioner Brown and unanimously carried, that space be obtained for a Sheriff's Substation in the North Naples area within the next 60 days. ACCEPTANCE OF SUBMITTAL OF ONE NAME FOR REPLACEMENT FOR UNIVERSITY OF GAINESVILLE EXTENSION SERVICE Af,RICULTURE AGENT; COUNTY MANAGER TO REVIEW APPOINTMENT - APPROVED Commissioner Wimer referred to a telephone call he received today from Mr. Ryan of the University of Gainesville Extension Service re- garding the need for an appointment o~ the Collier County Extension Director due to the retirement of Mr. Don Lander. He explained that traditionally the University Extensive Service advertises for a replace- ment and in the past h~ve recommended one person to the Board for ac- ceptance or rejection. However, Commissioner Wimer stated, this year the State Legislature has deemed that, if the County so desires, the Board can request a list of three top-qualified applicants for the posi- tion of County Extension Director. After a short discussiQn Commissioner Brown moved, seconded by. Commissioner Wimer and unanimously carried, that the Board accept the submittal of one name for the replacement of the County Agriculture Extension Director from the University of Gainesville and that the County Manager review the appointment. MEETING OF FEBRUARY 17, 1981 - CANCELLED BY ACTION OF THE BOARD Chairman Pistor explained that due to the fact that the State Association of County Commissioners' meeting wll1 be held Februar,y 16 through 18, 1981 and that two and possibly three Commissioners are planning to attend this meeting, as well as members of the staff, hi recommends that the regular Board meeting of February 17, 1981 be can- celled. Commissioner Willler moved, seconded by CoaIissioner KruSI and unanimously carried, that the Board lleetfng of Februar,y 17, 1981 be . ~ancelled and that ~he Clerk's offiCI place legal advertiseeents to continue the public.hearfngs scheduled'~nd advertfsed for that dati. ",~-,--------""",,-,--,-,-~--~-,-",--~.,~~._----~----..._~--~,-_.."_.._..,','--~"-' \JOIlUcl.r,)' 'I. I,)U I BOARD SUPPORTS PROPOSED LEGISLATION AS OUTLINED DY COUNTY ATTORNEY County Attorney Donald Pickworth explained that on January 30, 1981 the State LegiSlative Delegation is holding a public hearing in BUilding "F" of the Collier County Courthouse for the purpose of considering special legislation for Collier County following the advertisement of a Special Act 30 days prior to the start of the session. He stated time is reserved on the agenda for rp.~eral legislation which does not require advertisement. He referred to the Special Acts which are being proposed, copies of which have been provided to the Ccmmissioners and stated he is seeking the support of the Board for these Special Acts. Mr. Pickworth explained the first Special Act is a Repealer Act which pertains to obsolete or superseded special laws relating to Collier which are no longer necessary for various reasons. He said that prior to 1968 when the new constitution brou9ht in Homerule for counties, CollIer County had no ordinance making power. With the enactment in 1969 of Chapter 125 of the Florida Statutes, he said, counties have very broad powers of homeru1e, even non-charter counties, and there are very few are~s where a county cannot regulate itself through the adoption of its own ordinances. Therefore, Mr. Pickworth explained, most of the special law~ which tend to regulate police activities are unnecessary in the form of special acts and this is one category of special acts which the Repealer Act covers. He stated that the advantage of an ordinance over a Special Act is the ability to amend an ordinance which cannot be done with a Special Act. He said the Repealer Act asks the Legislature to repeal those Special Acts and th~ County will readopt the regulations in ordinance form. Mr. Pickworth said another category of Special Acts to which the Repealer Act pertains are Special Acts which have been superseded by either later constitutional amendment or by later General Law enactment, i.e. a Special Act which establishes the criminal court of Immokalee. He explained when Article V, The Judiciary Article of the Constitution. was passed it established two courts of original Jurisdiction in this sute, the County Court and the Circuit Court and there is no cri.inal court of Innokalee any longer so this Relltalel' Act vin silllPly re.ove this obsolete SpeCial Act and like obsolete acts off the book. Mr. ~~,'.- .~._--,~.,--,.__.-----..._-~~..",-,._,,- ... .~,~_._--....-,"",_._._._--"-~--.~~-"-_._-'~'~-' . noOK 059 rME 46 January 27, 1981 Pickworth explained the other laws which have been "done away with" by subsequent General Law to Which the Repealer Act pertains. The other two Special Acts, Hr. Pickworth said, are virtually Identical; one authorizes the Board of County Commissioners to desig- nate agents of the County Department of Zoning as Zoning Investigators and to authorize them to issue citations for violations of the Zoning Ordinance. He explained this act is identical to the one which the Board passed within the last two years which 9ave the Animal Control Officers the power to issue citations. He stated with the citation Issuing ability, the investigating officer can issue a ticket whic~ has a court appearance date and this eliminates the step of going through the State Attorney's Office for these violations. The other Special Act, he said, Is Identical to the Zoning act and relates to the County Department of Building and authorizes the Board to designate Contractors' Licensing Investigators and to authorize th~ to Issue citations for violations of the County Contractors' Licensin9 Ordinance and amendments thereto. He explained there is an orainance which requires all contrac- tors to have competency cards and for some time the Contractors' Associa- tion in Collier County has taken the. position that the County should have a full time person on the staff whose duties are to enforce this ordinance to keep unlicensed contractors from operating. He stated there Is no person on the staff now and the enactment of this Special Act by Itself would not dictate the employment of such a person since the Board '.ould make the decision of whether or not this designation is to be IMde, but this Special Act would enable the Board to do so. In answer to Commissioner Kruse, Mr. Pickworth said the Special Act relating to the Zoning Investi9ators would give the Board authority to designate said Investigators if the Board desires to do so. Mr. Pickworth said toaIun- Ity Development Director Terry Virta is present to answer any questions the Board might have. Commissioner Wenzel moved, seconded by Coaaissioner Wiler and u~animously carried, that the Board supports the three proposed Special Acts as outlined by County Attorney Pickwo~h which he w111 present to the Legislative Delegatton on January )0, 1981. . ;;..." January 27, 1981 COLLIER COUNTY LEGISLATIVE DELEGATION PUBLIC HEARING 1/30/81, RE EAST NAPLES FIRE CONTROL DISTRICT; NO ACTION TAKEN; TO DE WORKSIIOPPED County Attorney Donald Pickworth explained the second item on the agenda of the Legislative Delegation Public Hearin9 on January 30, 19B1 which pertains to the East Naples Fire ~ntrol District's proposal to amend the district's special act to authorize the East Naples Fire Control District board to assess fees for plan review, fire inspection and fire hydrant maintena"ce arid to enforce such assessments. He stated that North Naples Fire Control District did this last year. A general discussion ensued during which Hr. Pickworth sald he understands the plan review situation causes some coordination problems r with the Building Department. It was the general consensus of the Board that one central department should have control of fire safety regula- tions, plan review, etc., since problems exist with the present operation. Commissioner Wimer observrd that the County used to be responsible for these regulations and the former. Count} Manager asked the various fire departments for assistance in reviewing these operations, with the result that some of the fire districts have done an excellent job while problems have arisen in other cases, and he said he would be in favor of the em- ploye~s of the Boarp of County Commissioners resuming responsibility fo~ , these regulations. Mr. Pickworth stated that his department has advised that the Board of County Commissioners Is responsible for the enforcement of its Building and Fire Codes. For exampl~, he said, if a person pre- sents a set of plans and upon review by County personnel, If the person has met all the codes and is entitled to be Issued a permit, he sfid he did not feel the County has the rl9ht to withhold Issuing that permit pending a review by some other 90vernmental entity, such as the Fire De- partments. Commissioner Wenzel said he has received complaints from some builders that the various Fire Control Districts are not all using the same codes which creates problems. Community Development Administrator Terry Virta said the fire plan reviewers have formed a County Fire Marshals' Association which meets . ( regularly with the County 8ullding Departlllent personnel for the purpose ~, . . reViewing areas of the code so that there is . co.IOII persPfCtfve fn re- BOO1< 059 :ACf .(8 January 27. 1981 viewing plans. County Manager Norman explained that the.former County Manager was responsible for, the presentation of an ordin~nce to the Board as part of the adoption of the Fire Code and he clarified that this or- dinance states if the Fire District Commissioners designate an individual in a fire department to provide plan review and approv~l service that they do have that authority automatically to take on that responsibility, so a change in said ordinance would have to be made in order to have this function be controlled by the Board employees. After a lengthy discussion, Commissioner Wimer moved, seconded by Commissioner Kruse and unanimously carried, that the Board takes no action on the East Naples Fire Control District proposal to amend the district's special act to authorize ~he East Naples Fire Control District board to assess fees for plan review, fire inspection and hydrant maintenance and to enforce such assessment, but that the County Attorney inform the Legis- lative Delegation that the Board Is reviewing ~he situation of plan review and is contemplating that the County once again take over that primary responsibility. During addlt"nal discussion, County Manager Norman described the fire hydrant maintenance procedure in operation in North Naples. CaR- missioner Kruse said for the record s~,~ knows of at least one instance in the last year when the Board denied a rezoning request to operate a dif- ferent type of business because after the person had met all County require- ments the person could not come to terms with the fire district involved. Commissioner Wimer moved, seconded by Commissioner Kruse and unan- Imously carried, that changes in the Fire Code Ordinances be prepared; that the Chairman set a date for a workshop for this subject and that the Building Contractors' Association be notified of the workShop data. BCC OPPOSED TO AMEND PELICAN BAY IMPROVEMENT DISTRICT'S SPECIAl ACT TO PROVIDE SERVICES BEYOND THE BOUNDARIES OF THAT DISTRICT County Attorney Donald Pickworth referred to Item IV of the Januar,y . 30, 1981 Collier County legislative Delegation Public Hearing agenda which is listed under the heading of "COLLIER COUNTY HEALTH DEPARTMENT" and is "a proposal to IlDend the Pelican Bay Iqtrov8lllellt District's specill Ict to allow for the district, when reque~ted by I neighboring utility distrfct "c". --~.._=,,-,----._---,-----=---'---_."--'<---'-- January 27, 1981 or the Collier County Health. Department, to provide water, sewer, surface water management and other governmental services beyond the boundaries of the district". Mr. Pickworth referred to a letter dated January 23, 1981 from Dr. William W. Cox, County Health Director to Representative Mary Ellen Hawkins, copies of which each Commissioner hal received, in which Dr. COx states he does not sponsor this legisl~tion and he asked Representative Hawkins to wlt~draw this item from the agenda. Mr. Pickworth recommended the Board take the position of opposition to this legislation for the following reasons: 1. At the time t~e Pelican Bay Special Act was passed, one nf the concerns was that this district be confined in the exercise of its powers within Its own nistrict. 2. All of the coastal areas of Callier County outside of the limits of the City of Naples And within the Pelican Bay Improvement District are part of the County Water/Sewer District, and the District by statute has "exclusive jurlsdlctlo" and control over all public ood prlvote water and sewer utility systems within the district". Mr. Pickworth explained the October 1977 agreement between the City and , :,; County whereby the Board gave the City of Naples a sp,""ice area within the COunty Water/Sewer District. Outside that service area, the governing Board of the District is undertaking to fulfill It; r~sponslbility to pro- vide the water and services, he said; within that service area given to the City, It Is the City's responsibility. He expressed the opinion that it would not be In line with the County's previous policy to "dilute the benefit of that bargain made with the City of Naples of the assurance that a muniCipally operated, stable a~d well financed utility would serve our citizens within the <ervlce area outside the city. Therefore, he said it would be contrary to the County's previous policy for the COunty to en- dorse a concept which would allow Pelican Bay nr any other private utility within that service area to literally "take-over" the City's obligations, assuming the City would permit this. Commissioner Wenzel .uved, seconded by Commissioner Rrown and unan- imously carried, that the Board support Dr. COx's request that Iu. IV nf the Legislative Delegation Public Hearing on 1/30/B1, be withdra"" f.,. the agenda and that the Boa.rd is opposed to'the Droposa1 to a.end the Pelican Bay IlIIproyement District's Special Act to proYlde services beyond the boundarIes of that district. , -jrj ,;~: ~." .~ ~~~ ':/!:,- ~~ , ~ :~ ',>' .., ;~ ~~~ ,. __~_____H_~~',,~,__~.^,',~__'_"'_ ,....,...-____._..."....____,_....- ."'_.__......_~-_._~---'-_...~-,.,---,.~~~-'^"_."-'_.., January 27, 1981 ~C~K 059 ~r.t ~ STAFF TO PROVIDE RECOMMENDATION FOR APPROPRIATE FIRE ALARM SYSTEH FOR BUILDING "C" Chairman Pistor referred to a letter dated January 19, 1981 to ~" Board from Tax Collector Guy L. Carlton and Property Appraiser Sam J. Co1ding requesting the installation of some type of fire protection system in Building "C" of the Courthouse Complex because of the concern that the records in these two offices might be destroyed by fire, After a short discussion, Chairman Pistor noted he has discussed this matter with County Manager Norman who has indicated some possible solutions to the fire protection needs in Bullding "C". Commissioner Brown moved, seconded by Commissioner Wimer and unanimously carried, that the staff investigate appropriate fire alarm systems for Building "CO and bring a recommendation back to the Board. 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 1/14/81 from Parks and Recreation Director. Roll ie Rice notifying the BCC t;,at 2/2/Bl has been selected as the date for the ribbon cutting ceremony for Tiger Tail Beach Park. Filed. 2. Letter dated 1/13/81 from Oon A. Wood, Endangered Species Coordinator, Florida Game and Fresh Water Fish Commission, indicating his positi~n regarding proposed development of a Girl Scout Camp near the site of a bald eagle nest near the intersection of Wiggins Pass Road & U.S. 41, and transmitting copies of relevant correspondence to/from the developer of a proposed condominium project adjacent to the camp; end to Mrs. Carol Landsdale, of Ad Miller Associates. xc Or. Harmic; Flled. 3. Letter dated 1/13/81 from Hilda W. Mauck requesting infor- mation on the status of that portion of the Golden Gate Estates that is proposed for "CT" zoning classification. xc J. Perry, T. Virta; Filed. 4. Letter dated 1/14/81 from William Basilica Mucci, Violet Mucci, Nora Levski, and Santo P. and Jewel Saverino, requesting in- formation of proposed development for certain areas of Goiden Gate Estates. xc T. Virta, J. Perry; Filed. . 5. Copies of letters from Commissioner Wimer directed to Coun~ Manager, Public Safety Administrator, and American Ambulance. stating that he "will not tolerate" certain behavior in BCe meetings and demanding .cooperation" with the Public Safety Administrator in matters deallng with administration of the ambulance contract. Filed, !' . . '~~,; . 'h~ ""-i.;:" . :~~~~~' ........It .~'~'~~s~ 18. January 27, 1981 6. Copy of letter dated 1/16/81 to Mr. Ron Huskey, Licensure Coordinator, EMS Section, IIRS Department, from Environmental Health Director John Stephens, transmitting papers necessary for issuance of seven permits for ALS and BLS units for American Ambulance. Filed. Letter dated 1/16/81 from Lyle Richardson, President of Naples Civic Association confinping remarks made during the consideration of the adoption of the Resolution re Five-Year Transit program and indicating that certain points of intent should be included within a revised Resolution re same. xc C. Barksdale, W. Norman; Filed. Letter dated 1/9/81 from Ronald L. Markham, Manager of Yahl Brothers Disposal, a Waste Management Company, regarding the terms under which certain proposed franchise amendments re discounts for unit accounts will not be opposed; same letter written in response to a petition sent by Lely Villas I and II Condominium Assoc., dated October 9, 1980. Filed. Letter dated 1/14/80 from Gene SChadow, favoring the Wiggins Pass Dredging program. Filed. Memorandum dated 1/21/81 from Division of Retirement regarding the printing and transmittal of the new Florida Retirement Systems Bulletin, and urging that all members receive same. xc Fiscal Officer, County Manager, and Payroll; Filed. Notices dated 1/16/80 from Lee County Electric Co-operative, Inc. indicating which street llyhts have been added and which have been deleted within Immokalee and Collier County Marco Street Lighting Dislricts for the month of January. Filed. Memorandum dated 1/19/81 (Deposition) from HRS Sanitation Aide Jack Ingwersen, Collier County Health Department, regarding a press release concerning the Health Department's position in regards to the Naples Cay Development; subject release was inappropriat.,ly taken from a telephone conversation and did not necessarily represent the opinion of the County Health Department. Filed. Copy of letter dated 1/14/81 to Collier County Homemakers Project Director Martha Skinner from the Area Agency on Aging urging the inclusion of minority contractors in the bid processes dealing with related projects within the Homemakers area of con- cern. Fll ed. 7. 8. 9. 10. 11. 12. 13. 14. South Central Florida Health Systems Council, Inc. Notice re- ceived 1/22/81 re current projects under review and review schedules. Filed. 15. Monthly departmental report for Building Department re December 1980. Fll ed. 16. Letter dated 1/20/81 from J.A. Leadabrand, President, Isles of Capri Civic Association, opposing the proposed public transit system as presently conceived for Collier County. Filed. Petition dated 1/15/81, signed by 76 employees at the Courthouse Complex requesting that certain measures be taken in order to ensure the safety and welfare of employees and public alike in relation to the prisoners at the Collier County Jail, Filed. . Monthly record of Juveniles incarcerated in the Collier County Jall for the IIlOnths of October, Novl!lllber and December, 1980, from Willi~ D. Wilkerson, Sr., Court Administrator. Filed. 17. ~MV n~q .". ~r: 059 rACE 68 19. January 27, 1981 Memorandum dated ~/16/Bl from DER transmitting permits Nos. 0011-7344 and 0011-7345 re Immokalee Health Care Center. Filed. Copy of a letter dated 1/16/81 from the ONR to Hr. Clyde C. Quinby, approving a requested extension for construction re Penult 178-P-38 to November 19, 19B1. xc T, Vlrta; Filed, 21. Copy of DNR Permit 178-P-102, for Homestead Development C0m- pany, c/o Mr. Raymond W. Miller, 1383 Airport Road North. xc T. Virta; Filed. 20, 22. Letter dated 1/22/81 from DNR transmitting a copy of an Agenda item scheduled to be presented to the Governor and Cabinet sitting as the Board of Trustees of the Internal Improvement Trust Fund, on 2/3/81 re issuance of Trustees' disclaimer to filled, formerly submerged land. xc T. Vlrta; Filed. 23. Copy of Legal Notice re the Naples Planning Advisory Board for a public hearing to consider Rezone Petition No. Ol-Rl, Lots 33-52, Bayview Park Subdivision. xc J. Perry; Filed. 24. DER Notice dated 1/19/81 re Docket No. 81-1R, Chapter 17-1, Florida Administrative Code; hearing scheduled for 2/18/81 in Tallahassee, Florida, also, notice re Docket No. 81-2R, re Rule No. Chapter 17-1, Florida Administration Code; hearing SCheduled for 2/18/81 in Tallahassee, Florida. Filed. 25. Letter dated 1/24/81 from William S. Mitchell noting that he has not received a response to his 1/6/81 letter concerning water/sewer rates in Glades Condominium Complex. xc Utility Director, County Manager; Filed. 26. Letter dated 1/23/81 from Seagate Beach Club. Inc., President William A. Spencer favoring the rezoning to RM-1B of all of G0vernment Lot 1, Section 16, T49S, R25E. xc J. Perry, County Manager Norman; Filed. VOTING PRECINCT NUMBER FOR DEPUTY SOL WILLIAMS - FILED FOR THE RECORD In compliance with Florida Statute 30.08, the following Voting Precinct number for a Deputy Sheriff was filed for the record, as su~itted by Sheriff Aubrey Rogers: OEPUTY Sol W111iams VOTING PRECINCT 21 There being no further business for the good of the County, the letting was adjourned by order of the Chair - Time: 10:35 A.M. BOARD OF COUIfTY COI91ISSIOHERSI EX OFFICIO GOVERNING BOARD(S) OF SPECiAl OISTRICTS UNDER ITS CONTROL tt n ~Vt! /'John . Pistor, ~lf'IIIn ./'" \..~1: I t t .I (j/, . 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