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BCC Minutes 05/06/1980 R Naples, Florida, May 6, 1980 . LET ]T BE REMEMBERED, that the Board of County Commissioners in and for the County of Collier, and alo,o acting as the Governing Board(s) of such special districts as have been created according to law and having conducted business herein, met on thIs dat~ at 9:00 A.M. in Regular Session in Building "F" of the CourthO'r,(; Complex with the following mEmbers present: CHAIRMAN: Clifford Wenzel VICE-CHAIRMAN: T:lomas Archer John A. Pistor C.R. "Russ" Wimer David C. Brown ALSO ~KES[NT: William J. Reagan, Clerk; Harold L. Hall. Chief Deputy Clerk/Fiscal Officer; Jean Swindle and Darlene Davidson, D,~puty Clerks; C. Will iam Norman, County ~lanager; Donald Pickworth, County Attorney; Thomas HaFner, rublic Safety Administrator; Terry Vii-tn, Community Develop- menL ^tlillil1i:;Lrator; Danny Crew, Planning Director; Sandra Yates, Community Gluck Gra~: Coordinator; Clifford Barksdale. Public Works Administrator/ County Engineer; Mary Morgan, Administrative Aide to the Board and Raymond Barnett. Deputy Chief, Sheriff's Departm~nt. BOJI. 053 PACt 85 I.....J VI J. .,JvV eo~( 053 PACE 88 AGE~~WITH TP.E ADDITIONS - APPROVEO Commissioner PistOl' moved. seconded hy Convnissioner Brown and carried unanimously, that the Agenr,a be approved with the following addition~: 1. Resolution designating the old Collip.r County Courthouse in Everglades City as an historic building - Clerk Reagan's request. 2. Resolution expressing appreciation to the Naples Jaycees - Commissioner Archer's r"fJu~st. 3. Chairm'ln Wenzel'~ sti:t.l'llIent regarding American Ambulance. 4. Discussion regarding th,! County's participation in the Swnner Fine Arts Exhibition. 5. Discussion regarding Bayberry Street - Commissioner Brown's reques t. Ii. Resoll!tilJns concerned with the Willoughby Acres Water/Sewer project - County Mtorncy Pickworth's request. 7. ~orks:;op to discuss "f)oIJble Taxation" and a status report reuarding t.he County Wat.er System transmission line~. ~.ii(JJ.E~J2LJ~R IJ'-J2d..9.Q.9........:.~"l'lJ..VlQ.jl~_ PRESEiiliQ Convnissioner Plstor moved, seconded by Commissioner Brown and carried unanimously, that the Minutes of April 15, 1980 be approved as presented. RESOLUTlml rw. 80-96 PROCLAIMING THE WEEK OF MAY 11 - 17, 1980 AS TRA~~SrORTi\Tlml WCCK .. ADOPTED ----..------------------------ CCl1unissioner Arc~;e:'" moved, seconded by Commissioner pistor and carried urldnilllolJ,ly. lihlt Rcsr'Jlution N,'. '30-96 proclaiming the week of May 11 - 17, 1980 as "Transportation Week" hI' arloptpd. * * * * " Ii MGK Ub~ PACE 00 May 6, 1980 RE~OLUTlO:: iW. eO-97 PROCLAIM r rJG THE MONTH OF MAY, 1980 AS MENTAL ~EALTfil\WAI(ENESS MONTH - ADOPT_ED Commissioner Arch"r moved. seconded by Convnissioner' Pislor and cilrried unanimolJsly, thdt Resollltinll No. 80-97 proclaiming the month ()f ~1uy as ~lenta 1 lIe,11 th AWarCI10SS ~lonth be adopted. RESOLUTION NO. BO-.3.1. PROCr.^I~lJNr: [.!^! AS MI,NTAr. lIEAI.'l'll Ah'Af,ENESS 1"UNTIl WIIEln:A~, mcnL,l illl\<'85 is the Nal:ion'~3 number one hc~lth prohlem, nffcctin~ 32 million Americans ~t some time in their 1i ves; ,1l1d WIIEREAS, the sU,gJr,', :>urrounding mental illness n~mains 50 pcnr"sive in our SOCjf",~y that many who need help do not seek it, ~nd tile misundcr,;tanding and fear surrounding mental an,l emot lDn<l1 problems" "" so '7reat that people do not realize th~t with the proper prof,'ssional help there are many former menL,1 ['<ltients returned 1:0 their homes to lead active, full i1nc"t productive. Jivc~); ,-=t:ld WI!I':HEAI;, Lhore lsi,1Cil\fficicnt public suppor.. for needed services, improved faciliLics and further research; these fac- tal:" ['oint to Lne ncer! In" n<ltion\Yide sU[Jport to dt;velo:; ef- [ective ,lJ'ogl:"ms fOt- prrc'...,'ntion ilnd education for the mentally 1'.1 and .:..heil~ families. NOW, '!'IIFC<EFOC<E, DE 1'1' RESOLVED by thp. Goard of County C0Jl111l.i""ion"r" of Colliel' County, Florida th<lt thc mcnth of ~1.'y "h"ll Ill' clen i.<Jllil ten ,)" ~1 E N '[' A L II I'; i\ L 'r Ii MaN '1' Il i1Yld Ul.'(JC: c,Ll. ci t:i;:(~ns to ;oin '",ith the Mental Hcalth l\ssoCiil- I:ion ill it!': l~fforts La l,,","ote improved care and facilities for the ml'nL,l.ly ill and I,} increase public understandi,n<] And .1ccepL.'l"") of po"itiv0 ""'111,.11 health practices. Done ilnd ordered thi~ Gth d~1 of May, 1900 while convened iI) rcgtl1.-1 L scssivn. l\TTE~T: IHLLli\M a ~ ?1~A~ ',HK ~-- BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA _rZ:I/~~~ Clif/t"CfWenZel, fhuiman May 6, lYtlU RESOLUTION NO. 80-98 PROCLA]11ING MAY, 1980 AS SENIOR CITlZENS r10NTII _ ADOPTED C0111nissioner Arctier moved, seconded by Commissionpr Pistor and carried unanimously, that Resolution NC'. 80-98 proclaiming f1ay, 1980 as Senior Citizens Mont~ De adopted. R-80-98 J>I~OCLAMATION WHEREAS, we wi,;h to e,nph,15izG Older Americilns' vitill role in Americiln Society and I WII E R E^~" WI' wish to h,,"o/' Otc~"r AmeriCiln~ ilnd recognize their contri- butiOr1S .lnd, WIIEIII'A~;, IV" wl5h to inc""il5" opportunities fo,- Older Americans to mill<~ e\len ore;ll(~I' corltriblltions fnurl lheir expprience, 51<jll~ vnd wi~c1om, and, WII[i~[AS, We wi,.h to /'fOiI,I, out to Older Americ,OIls living isolated lives and bring tlwm back into the cOlli,nunity and, ~vH E 1< I: AS, IVe wish to /(I" I"" known the needs of Older Americilns ,1nd st,-engthen support for pr'og",lI"', ~()I' tl1ern ilnd, WHEr~EAS, we wish to ilck,wwledga existing services for Older Amt:ricans ilnd publici)' commend them (or el1abling Older' Americans to maintain indepen- dent liv"s in their OlVn home" ,1/1d community rilther th,ln being in5titution- vliLcd, NOW, THl:fU'=r:oru.=, IVe, Ih" !30i"'cJ of Count)' Commi5sioners of Collier Cuullly uo rll~n!hy pr"oC/<lirn tht, month of MilY, 1980, il5 SUllior Citi7..ens Month cllle! Cedi upon ilfl Citi?-l~f1S i1l1d ()I'~J(lniZi)tion5 to recognize this special mOl :.1 ilS Senior- Citizen's Month in ColliGr Count,' to promote ancJ plan suital>IG ilctivities in honor of such. \V~ h<lv,. "'lto set Our 11<1n"" ancl cause the seal of Collier County be ,,ffixed thi5 5th doy of May, 19f1O, !30Ar~[) OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA lly: SO].'. 053 l'AGf 91 60:JK Ub:3 PACE 8G 1'ltlY U, lCJOU RESOLlInON ~IO. RO-99 DESIGNATING THE OLD COURTHOUSE IN EVERGLADES CITY AS AN HISTORIC BUILDING - ADOPTED Commissioner Archer moved, seconded by Commissioner Pistor and carried unanimously, that Resolution No. 80-99 designating the Old Courthouse in Everglades City as an historic building be adopted. * * * * * * * * * COOK 053 ~ACE 94 May 6, 1980 @ RESOLUTION NO. 80-100 EXPRESSING APPRECIATION TO THE NAPLES JAYCEES _ ADOPTED pi Commissione; Archer moved, seconded by Commissioner Pistor and carried una'ni~ously, that Resolution No. 80-100 expressIng the County's appreclatior. for 25 years of servIce to the community by Naples Jaycees, be adopted. * * * * * * * * ," eOJX 053 PAGE 96 May 6, 1980 . PAYMENT FOR SOCIAL SERVICE CASES W-7144; W-1225; W-6847 AND W-7206 APPROVED AS PRF.S:NTED C0mmissioner Archer moved, seconded by Commissioner Wimcr and carried unanimously, that the following Social Service cases be approved for payment as prescnted: W-7144; W-1225; W-6847 and W-7206 DISCUSSION RE CHAIRMAN WENZEL'S COMMENTS REGARDING AMERICAN AMBULANCE AND THE COUNTY'S CONTRACT W lTlI SAME Following Chairman Wenzel's statement that he feels the public does not think he has done enough, personally, to change the Board's decision regarding the current contract the County has with American Ambulance ilnd after saying agd in that the Chairman has no more authority than thp. other four Co~nissioners, he made the motion that the County Attorney be instructed to look into the possibility of terminating the American Ambulance contract on the legal grounds that (1) cp.rtain life support service was not operating at the time of the signing and (2) certain vehicles were not approved at the time of the signing. Commissioner Pistor seconded the motion. At this time, Commissioner Wimer made a motion to table the motion as stated by Chairman Wenzel, stating that the said motion w~s out of order and asking that more time be given to the discussion of the afore-mentioned informat.ion about American Ambulance. Commissioner Brown asked of both County Attorney Pickworth and Fiscal Officer Hall if there had been uncovered positive identification of corruption to which County Attorney Pickworth made no reply and Fiscal Officer Hall answered in the negative. During the discussion that followed Chairman Wenzel commcnted 0- Commissioner Wimer's request that the Staff be in5tru~ted to "look into the whole matter and come back ~ith something positive", saying that such a request would be "like asking American to investigate themselves and then give us a wri tten report." Commissioner ArcheI" seconded the motion made by Commissioner Wimer, to tJble the motion made by Chairman Wenzel as stated above, and upon roll call the vote was as follows: Commissioner Wimer Commissioner Archer Commissioner Pi"tor Commissioner Brown Chairman Wenzel Aye Aye Nay Aye Nay , May 6, 1980 , At this time, Chairman Wenzel moved that the County Attorney be instructed to go into Court to obtain the necessary permission to allow the County to obtain all the records 0f American Ambulance Company from the time they fir~t received taxpayers' funds and, additionally, authorize the staff to advertise for any information from the public which might help in an investigation. Commissioner Wimer again made a motion to table the subject of "investigation" as stated in Chairman Wenzel's motion. Commissioner Brown seconded the motion made by Commissioner Wimer and upon roll call the vote was as follows: Commissioner Wimer Aye Commissiuner Brown Aye Comnissioner Pistor Nay Commissioner Archer Aye Chairman Wenzel Nay Commissioner Archer asked for a five minute recess - Time: 9:25 A.M. to 9:30 A.M. at which time Deputy Clerk Swindle was replaced by Deputy Clerk Davioson. PEAT, HARWICK, MITCHELL, AriD CO. SELECTED AS THE CPA FIRM TO CONDUCT AUDIT AN~NTRACT CDMPLIANCE REVJEW RE AMERICAN AMBULANCE Pursuant to a lengthy discussion regarding the County's position pertaining to the County being able to obtain certain documents a~d records regarding American Ambulance, Inc., and that corporation'$ financial deal- ings with certain alleged enterprises and the questionability on the part of several Commissioners as well as the Clerk regarding the recently publicized possibility of certajn inequities of these financial records, Commissioner Wimer stated that he wants the Board to take action at this time on that part of the Clerk's report regarding an audit and contract compliance review of American AmbulallcC'. Upon hearing from County Attorney Pickworth that the County has the rigllt to see allY financial rerords that involve American Ambulance, Inc. and any other entity that has had financial tral,sactions with that corpora- tion, and that the contr~~t compliance review that the Clerk's office is reco~nending may be directed by the Board to specifically investigate this aspect of contract compiiance, from Fiscal Officer Hall, as well as Mr. Hall indicating that at this point in time there has been no request on the County's part for all of the subject firms records, Commissioner Wimer stated that he wishes to move that the recommended firm of Peat, Marwick, Mitchell, and "',...." "',..,. eoo~ 053 fAGE 98 ,t May 6, 1980 Co. be approved as the CPA fim that is to conduct an audit and contract compl lance for American Ambulance, Inc. He referred to the recorrrnendation .",ithin the Executive Summary that is entitled "Selection of Independent Certified Public Accounting firm fnr the audit and contract compliance review of American Amb'Jlancc", and read that portion of same sub-titled "Recorlll1endat ion", as part of the motion. There was a dicussion regarding the probable availability of certain records from American Ambulance, during which Mr. Hall indicated that he sces 110 reason that thc County cannot expect American Ambulance to offer any nEeded rEcords to the auditors for this particular audit, or for the contract compl ianr:e review, and if this was to become a problem, then the auditing firm would so report this to the Board, for BCC consideration regarding fu;-ti,cr action that may need to be t.aken. C0n111issioner I3rown seconded the motion to adopt the Staff recommendation as madc by Commissioller Wimer and Clerk Reagan clarified the point that certain allegations havc been made regarding other entities having something to do with American Ambulance and that these other entities are not the subject of the contract compliance review that the motion mentions, rather, it \<li 11 be directed tOl<lards Amel-ican Ambulance's records only. He said that these alleged enterpri~es, such as J-Mac; Coastal Medi-car; and American Enterprises, are not under the Ilodrd's purvie~l, and there is some question as ~o the jurisdiction of the l30ard regarding these; howevEr, said Mr. Reagan, even though the County Attorney has found no proof of the existence of these alleged enterprises, such as fictitious names, or corporations, they are around, as described in the newspapers and as shown from the apparent legitimate permits that are in existence. He said that it is his opinion that something is "strange" about the entire matter at hand regording American Ambulance and that if the audit should begin to show this, thE1, the I3CC should demand, if thcre is any ambulance service run, managed, or under MI'. Maguire. that a disclosure of this be made. Commis- sioner Wimer agreed, and stated that this will be the subject of his next motion. Upon call for the quest!0n on th~ floor, Chaiman Wenzel stated that the motion carried, with no opposition. ~OJ~ 053 pm 102 MilY 6. 1980 CLERK AND CO~NTY ATTORNEY DIRECTED TO OBTAIN INFORMATION REGARDING FINANCIAL RELATIONSHIPS BETWEEN AMERICAN AI1BULANCE AND CERTAIN ALLEGm ENTERPRISES Pursuant to a len~thy discussion regarding the availability of pertinent financially related information according to the Contract with American Ambulance, Inc., and certain alleged enterprises, during which County Attorney Pickworth st~ted that if the Board or the Clerk has reason to believe that public monies have been filtered through any enterprise in relationship ~Ii th American Ambulance, then the County has the right to see these records. and if the Clerk finds it a problem getting these records, then he (the Clerk) can come to him for the legal aid in obtaining them, Fiscal Officer H~ll stated that the contract reads "financial transactions" that must be disclosed, and that the contract does not spell out whether these transactions are expenditures or recefpts. Attorney Pickworth said that if there have been any financial transactions behleen American Ambulance and Jny other entity, then the contract covers this; and, that these transactions must be disclosed. After Mr. Hall related that he has had a problem with request of this nature with Mr. Maguire, as recent as two weeks ago, Commissioner Wimer stated that he is tired of this issue taking his time away from important issues such a;; the COIJnty Water System, Golden Gate Estates redevelopment; dnd road improvements in the County, and for once LInd for all, he is in favor of bringing it all out in the open and clearing up this matter; therefore, he wants to see that the County finds out if there are any relationships between the recently publicized alleged enterprises ~nd American Ambulance, and if a:IY public monies have been filtered between them. Commissionpr Wimer said that he Goes not know if any of the allegations are true, however he is in favor of believing that a man is innocent until prcven guilty. After a discussion regarding the proper verbage for a motion that would clear this up and enable it to be put aside, Commissioner Wimer moved that the County Attorney and the Clerk be directed, by the Board, to work together to obtai" H,e necessary infurmation on these alleged enterprises .1nd their financial relationships with American Ambuli\n~:e. May 6, 1980 Chairman Wenzel asked Corrvnissloner Wimer to include the stipulation that if they cannot acquire the needed information that they report back to the Board, /Inri Corrmissioner Wimer declined to amend the motion, stating that they have received a directive, and if it cannot be carried out, they will be back. ~lr. Pickworth concurred, llnd said that he and the Clerk have a good working relationship and that if they need it, they will enlist his legal aid in going to court for the needed documents from Mr. Maguire. Commissioner Brown seconded the motion and requested a roll call vote. The following is the result of same: COnlnissioner Wimer: Aye Commissioner Brown: Aye Commissioner Pistor: Aye Commissioner Archer: Aye Commissioner Wenzel: Aye Following the vote, which carried unanimously, Commissioner Brown clarified his position on the subject matter by saying that he is only concerned with finding the best ambulance service for the people of Collier County for the cheapest price possible. He said that his purpose is to ke~p the matLAr from "run1lng away", and that he will continue to fight for thi,; end. Co~issioner Wimer clarified his position by stating that he also wants to go on rscord as being concerned for the best amhulance service thJt can be outilined for the morley that is supplied; and that regardless of personalities, he is in favor of clearing the air regarding all the accusations rcgar'uing American l\mbulance and hopefully, letting the matter go through the proper channels with no interference from anyone on the Board. There was a brief discussion regarding whether or not the issue at hand was "service" or "cost" regarding American Ambulll:"lce, during which Chairman Wenzel stated in rebuttal to Commissioner Wimer's remarks, that "service" was never, and is not now, the issue, rather the real issue is "price", referrin,) to old minutes from the meeting when the subject contract was awarded. eOJ, 053 PACEI03 ~OOK 053 PACE 104 May 6, 1980 RESOLUTION NO. 80-101 VACATING 6 Fl. UTIL[TY EASEMENTS BETWEEN LOTS ~ 20, & 21, BLOCK 192, GOLDEN GATE CITY, UNIT 6 - ADOPTED Legal notice having been published in the Naples Daily News, on April 20, 1980, as evidenced by Affidavit of Publication filed with the Clcrk, public hcarlng was opened to consider a petition filed by Dennis R. White, Attornej, representing Donald L. and Samuel D. Geckler to vacate thc 6 ft. utility easements between Lots 18 through 21, Block 192, Golden Gate City, Unit 6. Public Works Administrator/County Engineer Clifford Barksdale Dre- sented the subject petition and stated that the petitioners are requesting that thrce utility easemel'ts between the jointly owned parcels of land bc vacated so that they will have a buildable parcel. He stated that the staff has reviewed the petition; there are no objections related to drainage; all the utlllty companies have submitted letters of "No Objections"j and, that the staff recommendation is for approval. County ~lanagcr Norman stated that the petitioner's attorney, Mr. Dennis White, is present for any questions that the Board might have and hearing that there were none, Commissioner Archer moved, seconded by COll\llissioner Pistor and carried unanimously, that the public hearing be closed. COI;]fllissic.:1er Archer moved, seconded by Commissioller Pistor and carried unanimously 5/0, that Resolution No. 80-101, vacating the 6 ft. ut;lity easements between lots 18, 19, 20 and 21, Block 192, Golden Gate City, Unit 6, be adopted. * * * 10' * '* May 6, 1980 Boa~ 053 PAGt 106 PET[TION FDPO-80-V-7, WILLIAM SLOCUM, REQUESTING VARIANCE FROM MINIMUM BASE FLOOD EL[VATION REGULATIONS AS PER FDPO OROINANCE 79-62 - CONTINUED ON PETITIONER'~_REQUEST TO 5/20/80 Public hearing re Petition ~DPO-80-V-7 as filed by William Slocum, and having been ~rcviously continued from the 4/22/80 agenda, as evidenced by Affidavits of Publication previously filed wltll the Clerk, was Further continued to May 20, 1980 at the request of the petitioner on motion made by Commissioner Archer, seconded by Commissioner Pistor, and carried unanimously. COUNTY PARTICIPATION IN "SUMMER OF '80 FINE ARTS EXHIBITION" fl,PPROVED; SEALED BID PROCEDURE WAIvED AND CONTRACT FOR TRANSPORTING ART OBJEr.TS AWARDED TO ROBERT FLINN MOvING & STORAGE; FISCAL OFFICER DIRECTED TO PREPARE RELATIVE BUDGET AMENDMENT County Manager Norman stated that Messrs. Will iam McGowan and Edwald Verdesca. are present today to bring the 8CC up to date regarding the "Summer of '80 Fine Arts Exhibition" spor,sored by the Naples Chamber of COll1merce. Project coordinator Edward Verde~ca recalled that some three months ago the ace approved the concept of the art exhibition that the Chamber of COll1l11crce is sponsoring in cooperation with the City of Naples and the BCC and he added t.hat the subject project is now in "full force". He covcred the background of the exhibition; referred to printed brochures; and, financial aspects of the SUbject project. He also explained what type of art was to be exhibited and said that Betty Parsons, an art connoisseur of New York, will be the judge of the show. After explair.ing that there will be a display of some four or five of the most significant pieces of sculpture from the show, at the Collier County Library, Mr. Verdesca said that the BCC has been requested to provide the transportation of the art objects in the show and advised that due to the Fact that one of the pieces of scuplture is very large and requires a special tow truck, the original cost estimate of approximately $5,400 has been increased by some $800 and will now be approximately $6,300, same being verified by letter of bid pruposal from the Robert Flinn Moving & Storage Company. ~ .~; \ " 1 May G, 1980 After some discussion regarding the costs of transportation and the deci3ion of hiring outside personnel to do the moving rather than using County vehicles and personnel, during which County Manager Norman stated that the 1 iabil ity tildt the County ~lOuld incur would exceed any financial savings that the County might seek if County vehicles and pp.rsonnel werc used rather than a private transport service, Commissi~ner Wimer said he was in favor of the subject project and feels that it will be beneficial to all the citizens of the County and is a most worthwhile endeavor. Commissioner Ilrown moved, seconded by Corrmissioner Wimer and carried unanimously 5/0, to adopt the staff recommendations which includes approving the County's participation in the above-referenced program, waiving of formal hids and awarding the contract to transport the objects of art to Robert Flinn Moving & Storagc, and having the Fiscal Officer preparc the necessary budget amendment with the funds for the transportation being transferred from the contingency account. IlCC ACTION OF 12/4/79 REAFFIRMED INCLUDING AUTHORIZATION FOR COST OF CONVERSION OF ZIPPO MODULAR UNIT AMBULANCE CHASSIS; BID PROCESS WAIVED - EXPENDITURE APPROVF.D IN THE AMOUNT OF $3,D28.20; FISCAL OFFICER DIRECTED TO PREPARE RELATIVE IlUDGET AMENDMENT I Public Safety Administrator Thomas Hafner explained that he is request.illg the Board to confirm action taken on 12/4179 regarding the conversion of the modular ambulance unit, previously leased to Zippo Ambulance Service, to a new chassis. He requested the confirmation include authorization for the cost of same conversion, which was not included in tr.e 12/4/79 Iloard action; the waiving of the bid pro:ess; and the approval of an expenditure of $3,028.20 for the conversion. He said that he is also requesting that the Fiscal Officer be directed to prepare the necessary budget a~endment for this expenditure. After a brief discussion regarding the conversion process and ~hairrnan Wenzel expressing his feeling that it would be better to have County be responsible for the future maintenance of ambulance ve 'les, rather than the vendor, Mr. Hafner explained that the contract with 'erican Ambulance has a clause within it that was added at Commiss~oner Archer's request, that specifically indicates that the vehicles are to be maintained according to the schedule in the owner's IIhl'Hla 1. bOS~ 053 PACE 107 f I l eODX 053 PAGE 108 t1ay 6, 1980 .-::. COII'f11i ss lone,' Archer moved, seconded by Commi ss ioner Pi s tor and carried unanimously 5/0, that the Board reafflnn the action taKE'n on 12/4/7" and include the approval of the (.ost of the conversion of the Zippt, modular unit; that the bid process be waived; and the expenditure o' ~J,028.20 be approved; and, that the Fiscal Officer be directed to repare the appropriate budget amendment. RM-1A ZONING TO REMAIN ON l.OTS 1 THROUGH 10, LOTS 33 THROUGH 36, AND LOTS 40 THROUGH 44, MARCO HIGHLANDS, MARCO ISLAND Community Development Administrator Terry Virta explained that subsequent to a previous request for a variance to allow the construction of J duplex on one of the lots in the subject area in Marco Highlands, on Marco Island, the Board directed the staff to study the area and determine whether or not the present zoning and land use on lots 1 through 10, lots "I through 36, and lots 40 through 44, in the aforementioned area is appropriate. Mr. Virta r'eported that after careful study, the staff has detennined that the RM-IA zoning that is presently on these subject lots is appropriate 2nd he referred to the various reasons for his determinations as indicated more fully within the executive summary, dated 4/23/80. He also referred to the ~wo exhibits within the executive summc.ry and explained the two drawings to the Board; 1) an existing zoning map; and 2) an existing land use map. He said that both maps indicate the relationship of the lots to surrounding lands and verify his findings, therefore, he recommends that the RM-1A zoning remain on the above-referenced lots in Marco Highlands. Comnlissioner Wimer moved, seconded by Commissioner Brown and carried unanimously, to accept staff recommendations that the present zor.ing of RM-IA remain on the above-referenced lots. COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM CITIZENS' ADVISORY BOARD MEMBERS REAPPOINTED FOR SECOND YEAR Community.Development Block Grant Coordinator. Sandra Yates. addressed the Board regarding the Communi~y Development Block Grant Program Citizens' Advisory Board. She explained that all the members who are presently serving on the subject advisory board have indicated that they wish to continue to serve on the board for a second year; that their respective tenns are expired, as of April 20, 1980; and that in the interest I May 6, 19BO of continuity and performance of said boar~'s work, she recomnends that , all seven members be reappointed for a second year term. Commissioner Brown moved, seconded by Commissioner Pistor and carried unanimously 5/0, that the fOllowing members of the Community development Block Grant Program Citizens' Advisory Board be reappointed for a second year term: NAME ADDRESS REPRESENTATION Reverend Howard Allen 420 Gaunt St. Immokalee Target Area Mr. Albert Lee 424 Gaunt st. Immokalee Targl"'+: 7>,.rea Mr. Ernest Freeman P.O. Box 212 Immokaloe CommunitY-At-Large Mr. Rohert M. Coleman, Jr. P.O. Box 301 Immokalee Community-At-Large Mr. John Walker Collier County Courthouse County Official Mr. Alonzo Simpkins Naples-Immokalee Rd., Immokalee Minority Group Representative-At-Largl Mr. Willi,am G. price P.O. Drawer "B" Immokalee Business/Community Leader BC2-~ 053 r!.CE 109 B0~;( 053 PACE 110 May 6, 1980 YOUTH GUIDANCE VOLUNTEER SIJM/oIER CAMP PROGRAM APPROVED Mr. Angelo Squatrito, Assistant Director of the Youth Guidance Volunteer ProgrJm in Collier County, presented the pertinent facts regarding the Summer Camp Program that is being proposed. He explained that the purpose of the camp program is to provide under-privileged middle school aged children with a recreational setting and optimum counseling conditions; that these children will be working with counselors; and, that hopefully, this will help to eliminate a potential delinquent status on the part of the youths involved. Mr. SquAtrito referred to the conditions of the proposed camp program as explained more fully within the Executive Summary, and added thut some 120 youths will be part of the program, on an interim basis, over a six weeks period. He said that this will be part of a research program being undertaken by ttle Youth Guidance Volunteer Program and that the entire project will be funded through a combination of community dona- tions and CETA, and Title XX funds. He emphasized that no County funding will be necessary, and requested the Board to approve the subject camp program under the conditions set forth in the Executive Summary. Conmlissioncr Archer moved, seconded by Commissioner Pistor and carried unanimously 5/0, that the Board approve the Youth Guidance Volunteer SUllmer Camp Program under the conditions as explained by Mr. Squatrito and as indicated within the Executive Summary. RESOLUTION NO. 00-102 PROVIDING FOR RECOVERY OF FUNDS FOR ABATEMENT OF PUBLIC NUISANCE ON LOT 9, BLOCK C, LITTLE HICKORY SHORES - ADOPTED Conrnission~r Archer moved. seconded by Commissioner Pistor and carried unanimously, that Resolution No. 80-102 providing for the recovery of funds expended to abate a public nuisance on Lot 9, Block C, Little Hickory Shores, be adopted. f: MOX 052 PACE 112 May 6. 1980 RELATED DOCUMENTS RE VICTORIA PARK UNIT II WATER/SEWER FACILITIES ACCEPTED FOR RECORDATION: SEWER FACILITIES LEASE RE SAME APPROVED FOR CHAIRMAN'S SIGNATURE AND RECORDATION: UTILITY DIVISION AUTHORIZED TO COLLECT APPLICABLE CHARGES FOR WATER/SEW~R SERVICE CONNECTION Util ity Direr.tol' Irving Berzon presented the matter of the acceptance of water ~nd sewer facilities within the Victoria Park Unit II, explaining that the developers h3ve in~talled all the water/sewer facilitie~ according to the subdivision regulations; that they have been tested and examined; and that all the necessary documents have been received. He stated that he is recommending that the Board accept these improvements on behal f of the County Water/Sewer District; that the related documents be accepted and approved for recordation; and, that the Chairman be authorized to sign the Sewer Facilities Lease re same and approve its recordation. He further recol11nended that the Board authorize the Utility Division to collect all system development charges, meter tapping charges. deposits, etc. applicable to all properties in the subdivision upon their request for water and sewer services. He stated that the Lease Agreement between the developer and the District is For the continued treatment of sewage in the suhject area in a normal manner until such time as the County facil ities are extended to this particu- lar 10 :i\:.!on at no cost for operation to the County. He said that the developer will operate the facility and collect the usual monthly service fees for service. COlllllissioner Archer moved, seconded by Comr.:issioner Pistor and carried unanimously 5/0, that staff reconmendations be adopted as out': ined by Mr. Berzon and contained within the Executive Summary, dated 4/23/80. * * * ... ... * May 6, 1980 RELATED DOCUMENTS RE KINGS LAKE UNIT I, WATER/SEWER FACILITIES ACCEPTED FOR RECORDATION; <;EWER FACILITIES LEASE RE SAME APPROVED FOR CHAIRMAN'S SIGNATURE AND RECORDATION; UTILITY DIVISION AUTHORIZEC TO COLLECT APPLICABLE CHARGES FOR W,'TER SERVICE CONNECTION Pursuant to Utilltiy Director Berzon stating that the same information is true relative to Kings Lake Unit I, water/sewer faciliti~s, documents, and lease agreement, as well as the staff recommendations.being the same as those regarding the matter which the Board has just taken action on (Victoria Park Unit II), Commissioner Archer moved to adopt the followin~ staff recommenda- tions re Kings Lake Unit I, water/sewer facilities as contained in the Executive Summary: a. The Board accepts the deeds, bills of sale, ~nd other related documents for the newly constructed water/sewer facilities within the Kings Lake Unit I and that these documents De recorded in the Official Records of the County. b. The Chairman be authorized to sign a Sewer Facilities Lease between the County Water/Sewer District and the developer; and authorize same lease be recorded in the Official Records of the County. c. The Utility Division be authorized to collect all system development charges, deposits, meter tapping charges, etc. applicable to al, properties in the subject subdivision vpon the re~uest for water service. Commissi0ner Pistor seconded the motion and it carried with a unanimous vote. * * * * * * 8O~X 053 PACE 121 * . May 6. 1980 DUPLICATE SET OF RElATED IJOCUl1EIITS r.E fI.lH^ REGUl^TIOIIS Fon !il.1d.QlJ,GlmV_ ACRES "'ATERLSE\:!.ER PROJECT AUTHOR I W) ron F.XECUTIDtI COllnty Attorney Donald Pichlorth stilted that the Fml\^. as part of their closinu regulations. is requesting the Board to cxectl te (\ dup 1) Cil te set of doc1Jn:ents re the \rilloughby Acres 1-/(\ terlSel'/er prr. cc t. /Ie sa id tha t the foll 0\''; og documents requir~ lIuthorlzation for the Chairman's s1gnllture: 1. loan Resolution 2. Assurance Agreement 3. Equal Opportunity Agreement 4. Right-of-way certificate Mr. Pickworth explained that ther~ are tw~'of each of the above- referenced docum~nts~ one fc'r Nater~ arid. 'one for se~ler. Cormtissioner Pistor'moved. seconded by Commission~r ~limer and . carried unanimously 5/0. that the above':rcfcrenced dupl kate set of documents rcl ilt ill:] to the Hi 11 ot:ghby Acres Ha terlSewer project be authorized f~r the ~hairman's signat~re. . * .,. * .. * * * .,. r.o:J~ 053 f/,cr 195 .. " W'::'~ G5S fllSE 150 May 6, 1980 MARCO WATER/SEHER DISTRICT'S Ml\RCO Sn/ER PHASE 1 IMPROVEMENTS AGREEI1ENT ~llTlI DEL TONA U';' I LI TI ES. HiC. - APPROVED FOR EXECUTION SUBJECT TO COUNTY 8TTOl\NEY AND UTILITY DIRECTOR APPROVAL OF nlE LANGUAGE THEREIN Utility Director Berzon rep?rted that since the time that he prepared the Executive Summary regardIng the Harco Water/Se"~er District's ~larco Sewer Phase I Improvements Agreement with Deltona Utilities, In~.. for sewage treatment servIces, there have been some new developments. He said that Dcltona has come back with certain changes in the language of the subject agreement, that is identified withil' the Executive Surrmary in the form of a draft copy. He stated thQt he did not receive the proposed changes from Deltona until late Staurday, 140y 3, a~~ that he has met with Deltona regarding these proposed changes, along with County Attorney Pickworth, yesterday. Mr.. Berzon related that at this point 'in time he does not have a final draft of,the proposp.d agreement and that although the normal pro- cedure in this case would be to defer any action until such time as he does have a finalized document, he is requesting that the Board ,consider the rather unusual circumstances regarding this matter including the following: 1. A finalized document is presently being prepared by Ocltona. 2. County Attorney Pickworth must appear in Court re the bond validation suit for the Marco Sewer System before this Board meets next week. 3. County Attorney Pickworth ann Utility Director Berzon concur that it is their recommendation that the Board nuthorize the Chairman to execute the final agreement subject to the following: a) That both Mr'. Berzon and Hr. Pickworth approve the final language of the filial Agreement b) That the final agreement be consistent with the terms outlined in the draft copy included in the txecutive Summary. with the exception of the monthly user rates for treatment, same being upped to $.95 or $1.00 as opposed to the $.90 in- . dicated in the draft copy. Mr, Berzon also stated that the changes that are to be made within the finalized Agreement will be of no major consequence, and . that all the information ~lill be the same, or nearly the same as that May 6. 1980 which is inrlicate~ in the aforementioned draft copy within the Executive Surrmary. He said that the major issue which the County is interested in a~d tr~t will remain the same is the manner in which adjustments are to be made on a yearly Da$i~: He said that same manner of adjustment is both v1able and fair to both ~jdes. He said that he and Mr. Pickworth are suppo~ed to receive the final Agreement some time tomorrow afternoon, and that they will study the document prior to submission for the Chairman's signature; and, that all the points covered will be approved by them jointly. Commissioner Pistor moved to accept the aforementioned staff recommenda- tion. COITlTlissloner Archer seconded the motion. and Chairman Wenzel asked if anyone wished to address the subject. Mr. I.E. Evans, residf'lIt of Marco Island, stated that he strongly objects to the recommended action on which the Board is about to vote. lie said that it raises many questions again, that have not been answered for t.he past two years. He referred to the fact that the people who will be affected by the proposed agreement have not ha~ any advance notice of the conditions of this agreement; he specifically addressed the issue of the proposed $450 charge for connection. He asked what justification this figure represents. He also asked why people located in different areas on Marco Island will be paying different user rates; why the $450 charge has not been applied to all connections on the system, and only to those who will be affected by the proposed agreement? Mr. Evans stated that he objects t.o the County being in the middle. specifically, that Deltona will bill the County, and then the County will bill the users. He said that this negates the franchise agreement that the County will not be in the sewage transmission and distribution business. He stated that he thinks the County, by under- taking this "business vi.!nture" is thereby abrogating their responsibilities for regulations of rates. charged by ~eltona, which are supposed to be evalu- ated on a "return on investment basis". He said that. perhaps, he does not understand the entire situation; however, he does not feel that the Board should proceed into the subject Agreement without offering the people of Marco an opportunity to hear all the facts via a public meeting. He said that he requests this matter be continued until alternatives can be studied, and a public hearing can be scheduled. ~oo~ 0S3 PAGf151 BOOK 053 rm152. May 6, 1980 Mr. ~erzon stated that several public infonnation meetings were held re this matter and that a referendum was held regarding the system also. M". E'iails stated that the referendum was a straw ballot to show preference for or against FmHA fin1ncing rather than another form of financial loan. He said that the installation of sewers has never been addressed through a refcrendll'l; and that the newspapers have quoted various members of the Board, and t~r. Berzon, as sayi ng that in any case, the sewers woul d be installcd, regardless of the results of the referendum. Mr. Berzon said that he never made that statement. Regarding referendums, Mr. Berzon brought t~e Board up to date regarding both the 1972 referendum which established the Sewer District, for the express purpose of providing sewer services in the area outside of the Deltona Franchise, this being the first phase of that program, and also a rcfercndum in March of 1980, regarding the FmHA financing. He said that the latter referendum was worded in such a way, so as to reflect the sentiments of the people, and that If it would have failed it would have been determined as a rejection, on the part of the people in Marco, or the proposed project. In answer to Corrmissioner Wenzel, Mr. Berzon said that if the latter rcferendum would have failed, and the project turned down, then, the Health Dcpartment would have to turn down any new septic tanks in the areJ beca'lse t';e plan for future sewage facilities would not have been moving forward. There was some discussion regarding the $450 fee that Mr. Evans objects to and Mr. Berzon said that same is justified by Deltona, as representing what th.:y would have to spend per connection to provide treatment plant capacity, in order to take in this new area. He said that Ueltona has a franchise for a certain portion of Marco, and have constructed a plant to the capacity needed to serve those people within the fi:;nchise area; any cxpension of this plant in order to accommodate other hook-ups will require additional cap4tal expenditures on their part; and this fee will compensate for this expenditure. Regarding the difference in user costs between those users in the 01;cr;ct and those in the franchise area, Mr. Berzon explained that although the treatment costs remain the same, the operational cr ts will differ, thus, different rates rcflcct these costs. lie said that he is May 6. 1980 agreeing vl1th r~r. Evans regarding the facts tllDt the ra.tes have never been pinpointed by Del tona. unt1l yesterday's meeting, ' He said that the rates will be somewhat different than in the draft supplied in the Executive Summary, but not substantially different to the homeowners. He said that the probability is that the final figure for a monthly user rate will be somewhere around the $11 per month; however, the actual rate cannot be computed until bids are let for the project. because the construction costs of the force mains and the lift stations are necessary to the computatio~ of the needed revenues through monthly user rates. After a lengthy discussion regarding rates, revenue, and the need for the proposed project in order to maintain the ability for further construction on the island, Co~nissioner Pistor pointed out that the house that Mr. Evans lives in at this time would not have been allowed to be bu'l1t. if the subject project were not on the planning board and anticipated for construction. Upon call for the question, the motion on the floor carried ununimously 5/0. * * * * * * * 80J^ 053 PACE 153 '. ~ , ':1 l J Boa~ 053 fACE 170 May 6, 1980 RESOLunON rw, 80-102 CONVEYING PROPERTY LOCATED IN GULF HARBOR SUB- DIVISION TO THE GULF HARBOR YACHT CLUB, INC. - ADOPTED; AMENDED QUIT CLAIM DEED RE SAME APPROVED FOR CHAIRMAN'S SIGNATURE; MAP OF SURVEY APPROVED AND AUTHORIZED FOR RECORDATION Assistant County Attorney Anthony Pires stated that he is recom- mending the authorization of the Chairman's signature on an amended Quit Cl~im Deed to convey property located in Gulf Harbor Subdivision to the Gulf Harbor Yacht Club, Inc. Following an explanation by MI', Pires that a reverter clause is recommended to be incorporated in the quit claim deed, and the County Engineer Barksdale is also making this recommendation, as well as Mr. Pires stating that a relative resolution is required for the conveying of said property, and that the map of survey requires approval for recordation, Commissioner Wimer moved, seconded by Commissioner Brown and carried unanimously 5/0, that Resolution No. 80-103, conveying the subject property to the Gul f Harbor Yacht Club, Inc., a non-profit corporation be adopted; that the quit claim deed be amended to include a reverter clause and be executed; and that the Map of Survey re same property be approved for recordation. * * * * * * er.~K OS3 1'~cr174- May 6, 1980 COMMISSIONER WIMER DELIVERS MESSAGE OF THANKS FROM THE PEOPLE IN THE WILLOUGHBY ACRES AREA FOR BCC AID IN SUPPLYING POTABLE WATER AND SEWER SYSTEM IN THEIR AREA Commissioner Wimer stated that he has been contacted by many residents in the Willoughby Acres area, and that they have requested him to express their thanks to the members of the Board for their aid in supplying them with a potable water and sewer system in their area. He said that on behalf of all of the people in the area, he expresses their thanks and appreciation to the entire Board. ROUTINE BILLS - APPROVED FOR PAYMENT Commissioner Brown moved, seconded by Commissioner Wimer and carried unanimously 5/0, that the routine bills be approved for payment as witnessed by the following checks issued from April 30, 1980 through May 6, 1980, same having been processed following established procedure, with funds available: COUNTY CHECKS NUMBERS 1726 - 1863 7510 - 7675 6 BCC CETA County Checks General Fund May 0, 1980 FIRST MONTHLY P/IYMENT UNDER NEW AMERICAN AMBULANCE CONTRACT - APPROVED fOR PAYMENT Fiscal Officer Harold Hall explained that he is bringing this payment to the Doard's attention because it 1s the first time that a payment to ~erican Anlbula~ce is being made under the new contract, and dues show the form that will be used for such payments. He also stated that therc has been a slight decrease in the sub.iect payment; and he wishes to bring this to the attention of the Commissioners, so that they will have a full working knowledge of the mechanics that have been worked out as part of the new pa~,~nt arrangements. Mr. Hall reported that this payment does meet all the requirements of the contract in accordance with the County's pre-audit; that a statement signed by Mr. Hafner stating that the contract has been complied with, and that the services have been performed arc included in the Clerk's report, as are the bills from American Ambulance signed by the President, Mr. Maguire. Mr. Hall said that a motion for special payment is not neccssary, however, due to thc reasons ~utlined above, he would recommend that a motion be made authorizing this payment, with the understanding that future monthly pay- n~nts will be made as part of the routine bills. Following a brief discussion regarding the subject bill, and the outcome of the court's jurisdiction regarding the payment of this bill, Mr. Pickworth clarified the matter oy stating that the Court has not ordered the payment be rn3de; the court has denied a motion to prohibit 1',e subject [layment. In answer to Mr. Zewalk, resident of N0rth Naples, Mr. Hafner stated that it was his determination that Mr. Maguire is in compliance with the contract regarding the required number of paramedics on the ambulances. He stated that the State does not specify how many paramedics are to be on each ambulance, rathp.r i~ states, that the ambulances "will be staffed". He further stated that the contract specifies that there be five ambulances in service, an0 that as far as he has been able to tell through spot checks in the field, and the monthly schedules, all the ambulances have been staffed with paramedics. Mr. Zewalk questioned the use of overtime on the part of I BOO< 053 "''' 175 BOO~ 05S ~m: 176 May 6, 1980 some parilmcdlcs to staff all the ambulances, and Mr. Hafner said that the question of overtime has nothing to do wlth determining whether or not the ambulances are stdffed. He said t.hat he has determined that the ambulances are properly staffed. Commissioner Archcr moved to pay the first monthly payment to American Ambl1l3nce under the new contract. Commissioner Wimer seconded the motion and called for d roll call vote. Mr. Hall called the roll and the following is the results: Commissioner Archer Commissioner Wimer Commissioner Brown Commi~sioner Pistor r.ha i rman Wenzel Aye Aye Aye, Aye No 4.. ._.._... May 6, 1980 ~UOGET AMENDMENT 680-92 TRANSFERRINC FUNOS FOR LETHAL YELLOWING -AOOPTED Commissioner Archer moved, seconded by C~nmissioner Pistor and carried 5/0, that Budget Amendment 80-92 appropriating anticipated revenues and providing for expenditures for the lethal Yellowing Program be adopted. DOl\HO OF COUNTY CONMISSIONERS COLLIER COUNTY, FLORIDA BUD GET ^ MEN D MEN T . L3r Requires Doard Approval . L:7 poes Not Require Doard Approval . . . . . . . . . , . . . . .. ,........ C.tFa.n.s.f.e.r .w.l.t,h.i." :Ob.j.ec.t .cod.e range) FUND LETHAl! '.~EL~,OWING , . DEPT.: ~GR~C~~~~E - ,LETHAL. YELLOWING DESCRIPTION, To appropriate anticipated revenues and provide for ~xpendit~res for the Lethal Yellowing program that ha~ been reorganized as an enterprise fund activity. PPEVIOUSLY APPROVED BY THE BOARD OF COUNTY COMMISSIONERS 4/1/80. TO (Increase), Regular' Salaries 'Social Security Matc~ing ~etircment ContrIbutions ~ife & Health Insurance Wm:kers Comp. Motor Pool Reimbursement Ilelicopter Reimbursement Postage, Freight, UPS Printing & Reproduction Xerox Charges \'/ord Processing COrorrVFees - Clerk Advertising Office Supplies Con t,ingency , 440-537-8-15-56-030-120' 440-537-8-15-56-030-210 440-537-8-15-56-030-220 440-537-8-15-56-030-230 440-537-8-15-56-030-240~ 440-537-8-15-56-030-403 440-537-8-15-56-030-404 440-537-8-15-56-030-420 440-537-8-15-56-030-470 440-537-8-15-56-030-471 440-537-8-15-56-030-472 440-537-8-15-56~030-490 440-537-8-15-56-030-495 440-537-8-15-56-030-510 440-537-8-15-56-030-990 '.rotal $ 3,400 226 306 523 15 204 200_ 600 . 1,185 100 1,245 1,300 300 140 414 $ '10,158 ADD TO REVENUE: Lethal Yellowing-Current Yr. 440-8-15-56-030-343.701 $ 10,158 t?P;;~Vl Dir. Date: 5>1.~!?0 ~~~~~\ ol~cer D<I te : J;t ,. SO No. 80-92 nord of County Cornm. pprovol: 13UDGET Dote: May 6, 1980 DISTRIDUTION: ' '/:7 lJoitn1 necorc1s (Origin,,;,) z:7 Yi~c~l Officer ;;::;0......... ......_.._&..f....\ ",,$:6:__.._..=. . .n 1\ccounting Dcpartm''''lt LJ I'urch:u:in!) (r:C]llipment Only) ,--, '0.....,,......'1.. 1\...~,..t'"t- . n.r;q "'"" 177 \ I'. .,), ~ 'e'o6~ 053 r~:'178 May 6. 19130 BUDGET AMENDMENT 80-93 TRANSFERRING FUNDS FROM GRANTS, GIFTS, AND TRUSTS FOR LIBRARY - ADOPTED Commissioner Archer moved, seconded by Commissioner Pistor and carried 5/0, that Budget Amendment 80-93 appropriating Library grant funds to the General Fund be adopted. nOARD OP COUNTY CO~~ISSIONERS COI,LIER COUNTY, FLORIDA BUDGET A MEN D MEN T , @ Requires Ilourel Approval . D Do'e'g' Not Require Board Appro\:al , . . . . .. , . . . , , . .. " . ., " .~~~~~~~~r ~~~~i~ ~~j.e~t .code range) FUND _ GRl\NTS, '.GIFT~ & TRUSTS FUND DEP.T,' . :LI.BJJ..A!,-.Y, !iEADQUARTE~S b ADMj DESCRIPTION: To appropriate Library Grant funds which were carried forward from Grants, Gifts and Trus~s Fund from last' year, and transfer these funds t the General Fund for the expenditures previously approved in Budget Amen ment No. 80-42. This Budget Amendment olso revises revenue line items to provide a clear record and audit trail for the transfer of these funds from the Gr and Gifts Fund which is being clos~d out. PREVIOUSLY APPROVED. BY THE BOARD 2/12/80 ADD.TO REVENUE: Transfer from Grants, Gifts & Trusts TAKE FROM REVENUE: I..i.brary Grants 001-1-15-86-010-381.001 $ 2,4f'( 001-1-15-86-010-331.710 $ 2,46C 601-571;1-15-86-010_911 $ 2,460 601-1-15-86-010-399.999 $ 2,460 ADD TO EXPENDITURES: Trallsfer to General Fund ADD TO REVENUE: Carry Forward Fiscul Offi or APproJiJ: Oil tel/r:J-f: " )/ ~ oarel of County Co~m. Approvill: BUDGE'I' ^~ll Date: Nay 6, 1980 No. 80-93 DIS'l'IUBUTION: ' '0 lJoard Record!:: (Origil1ill) ~ Fiscal Officer F; l),...n:'lY'f"'I'IQont- tc:::l '" f'fI~""'''''oA 'D 1\cco\lnting Dep<<rtment D purchasing (F:ql1ipmt'nl'. Onl~') ~ 'O..A........... ",_....,.._.. a__.~....... ._" I ____j May 6, 1900 BUDGET AMENDMEffT 80-94 TRANSFERRING FUNDS TO ADD TO LIBRARY'S BOOK QYDr.ET~ ADOPTED Commissioner Archer moved, seconded by Commissioner Pistor and carried 5/0, that Budget Amendment 80-94 appropriating funds to add to Library's book budget be adopted. nOARD OF COUN'fY CONMISSIONEHS COLLIER COUWfY I l~LOnIDJ\ BUD GET ^ MEN D MEN T , f3 HCC]\1irC5 Donr<1 lIpprovCJl , L:7 Doe~ Not nequire Boord Approval (~rnnBfer within bbject code range) FUND GENERAL, DEP.T !-~B~~ :-, .lI:DMINISTRA'f.ION DESCRIPTION: ^pprLp~iate [uhds to af1 to Library's book budget public donations for the purchase of books. .1'0 (Increase): Books, Pub1. & Library Materials 001-571-1-15-86-010-660 $ 2,929 ADD TO REVENUE: Other Contributions/Donations 001-1-15-06-010-366.900 Lb,929 Bonn] of Count:y Co;nm. DUDGE'l' M:E: JI)?!)1:oval: :: Onte: May 6; 1980' No. 80-911 !JIS'.l'ILIlJUT:rON: 'il BOin:<1 Tlecor<l:; (Or iginnl) ~ PiGcal Officer D nepilrt.",ent(~) 1\ffuctcd D J\ccounting nepnrtrn~nt D I'urchoGinry (E'luip:nent Only) L:7 Dudget J\nalyst - >>,.v.,,/17/7<1.H,",-' nr::r:> .. "iO ~G~~ 053 rm1BO May 6, 1980 BUDGET AMENDMENT 80-95 TRANSFERRING FUNDS TO LELY OUTFALL CANAL SECTIONS OF WATER ~~N~GEMENT DEPARTMENT - ADOPTED Commissioner Archer moved, seconded by Commissioner P1stor and curried "/0, that Budget Amenclment 80-95 transferrin~ funds from the Lely Canal Water Control Structure Section to the Lely Outfall Canal Section of the Water Management Department be adopted. nOARD OF COUNTY COH!1ISSIONERS COLLIER COUNTY, FLORIDA B II D GET ^ MEN D,N E NT 1:7 Requires Board Approvnl . D Do'e's' Not Require Dm',ru Approval (transfer within object code range) FUND Wl\'l'ER '. Ml\tJiIGEMEN'r , DEP,T.: Yl\<r:n:~ :M:A.N.l\GEMENT D]<;SC1UP'J':rON: Trnnnfcr of funds from the Le1y Canal Water Control Structure $Actibn to th~ Lcly Outfn1l Canal Section of the Water Management, Department to reflect department revil;iona in Section nwnbers and titles. 1;0 (Incrc.:l::ic): Improvements Other than n1dqs. 110-537-1-12-57-080-630 $ 20,000 -. FROM (Source of Funds): Improvements Other than B1dgs. 110-537-~-12-5i-060-630 $ 20,000' - B('Ii1):d of County Co:nm. BUDGE'!, l\"lf.~;" lIJ?proval: Onto: May 6.. 1980 . No. eO-95 r.;:;::;:rrunUI'ION: '0 llOul',] n<:cOl:c11i (Origin"l) L7 I'iscal Officer D DCphrtrnent(sl lIffectcd 'D 1\ccmmting ncp"rtr:lc:lt . V purchn5ing (Equipment Only) D Bu<l9'ct: lInCllyut RMI. J?/\7I7'lHl.1I - May 6. 1980 BUDGET AMENDMENT 80-96 TRANSFERRING FUNDS FROM OTHER MISCELLANEOUS EXPENSES TO PURCHASE A FILE CADINET FOR CRIME REHABILITATION PROGRAM - AonPTED Commissioner Archer moved, seconded by Commissioner Pistor and carried 5/0, that Budget Amendment 80-96 to transfer funds fro~ Other Miscellaneous Expense to purch~se a file cabinet re the County Court Economic Crime Rehabilitation Program be adopted. DOAnD OP COUNTY COMMIsnIONERS COLLIER COUNTY, PLORIDA BUD GET A MEN D MEN T m Requires Board Approval . L:7 Does' Not Require Doard ^rproval , . . . , . . .. '....... .'<.t.r.a.n.s.f..c.r .~i.t.h.i.n ?b.j.ec.l: .c~,d.e.' r.ll.n9.C) COUNTY COURT - ECONOMIC . , , , . DEPT.:~~I~'.REH~. PROGRAM FUND GENE~1\I,' DESCRIPTION: Transfer of funds from Other Misc. Expense' to purchase a file cabinet to store ptoyram's files and records. TO (Increase): ~. Office Equipment & Furniture 001-516-3-00-22-030-642 $ 160 -. FROB (Source of Funds) : Other Miss. Expense 001-51~-3-00-22-030-499 $ 160 1J:tS'l'IUlJtJ'l'10N: 'D 13011r<1 necorc": (uriginnl) D pi,;cill Officer L:! Dcpilrtment(n) Affected noun] of COlln ty Co:nrn. BUDGET 1I~1l:; lIpprovul: County Mgr/Oiv. Dir. Fiocal lIpprOVi:! 1: , /-J A Date: Dntc: May 6, 1980 No..80-96 , 'n lIccountill(J Dcpl'lrtT:1.."t V I'urclllwiny (Eqllip;n:mt. Only) ~ Dudyct lInnlyst 'Db'tJ' l?I'~/"C\lJTU h ,.., ,..,.., .A n". BoaK 053 PACE 182 May 6, 1980 BUDGET AMENDMENT 80-97 TRANSFERRING FUNDS FROM CONTINGENCrES FOR INOCULATION OF 199 PALM TREES ON COUNTY RIGHT-OF-WAY - ADOPTED COlTl11issioncr Archer moved, seconded by Commissioner Pistor and carried,5/0, that' Buc~et Am~ndment 80-97 to transfer funds from Contingencies to pay for the inoculation of 199 palm trees on County right-of-way be adopted. BOARD OF COUNTY CONMISSIONERS COr,LIER COUNTY, FLOIUDA BUD G F. T A MEN D MEN T . D Requires Boanl l\pproval . D Do'e's' Not Require Doard Approval (transfer within object code range) FUND ROAD.& BRIDGE , . DEPT.: . : .T.RA!,~!,,~!~;rATION DESCRIPTION: TranEfcr of funds from Contingencies to pay for the inoculation of 199 ~a1m t~ces Qn COUhty right-o~-way. TO (Inct'casc): Other Contt'~ctua1 Services .::~. 101-541-1-12-61-010-349 $ 350 FROM (Source of Fund~) : Contingencies '101-541-1-12-61-010-990 Fiscal of~yce71 Board of County Comrn. APprovaf/:~~' Approval: Datc/rJ1J:." &U D<ltc: M.ay 6, .1980 . County Mgr/D.iv ~~~-Fo DI:';'.lUDU1'ION: 'il nV,'l<1 n"C01:(1s COriyin..l) ~I' Yiscnl Officer L:7 Dcpartment(s) Affected "il llCCOlll)tin~ n~'pd.tt.""nt V purchaGing (Equip",rnt Only) L:7 nudget Analyst $ 3 50 -~ OUDGET A:'-lr. No. 80-97 '0....., ,., /1"1 ',nur 11 ~' ~, t ~tY ;!,'; May 6, 1980 . BUDGET N-IENDMENT 80-98 TRANSFERRING FUNDS TO OFFICE EQUIPMENT AND FURNITURE FOR CHAIR FOR SOCIAL SERVICES - ADOPTED' Commissioner Archer moved, seconded by Commissioner Pistor and carried 5/0, that Budget Amendment 80-98 to transfer funds to Officp Equipment and Furniture to provide for a chair for Social Services be ildopted. i. 'fl '. W, ,r ~ BOARD OF COUNTY CO~mISSIONERS COr,LIEn COUN'fY, FLORIDA BUD GET ^ MEN D MEN T . Iii/ Requires Doard Approval . L:7 Does Not Require Board Approval , . . . . . . , , . , . , , .: .(.t.r.a.n.s,t'..e.r ~.i.t.h.i.n ~b.ject cod.c range) FUND GENER7\.L: , . DEP,T.: . SOCIAL .SERVICES - ADMIN DESCRIPTION: , , ,Transfer funds to Office Equipment and Furniture to provide additionnl moneys for cost of chair to cover inflated cost. ~ ~ ~o (Increase); .",:' bffice Equipment & Furniture 001-564-1-14-80-010-642 J 33. FROM (Source of Funds): Postage, Fre~~ht & UPS 001-564:1-14-80-010-420 $ 33 co\\n~.>>~J~) v. oir.. Fi:;Ci\~~~fi/'CCIt1 nonn1 of County Co<nm. APPr.~, ~ro~:~ A~pr.oval: l>i.tC: c;: 1~j.-v Dntc~ '1/8V Dnte: May 6; 1980 . DISTRIBUTION: 'Llno;,nl ncco:,'r. (Odgin;,l) '/7 lIccount.~n9 ncp":tm~nt f.'-; Vi,;cal 01r~c"r V 1'1lrchlHang (F.qtllp"'''nt. U Dcp>lrtment{,;) lIffnctccl D nu<l!)ct lInillyst IlUD::;:ST ,,'::- No. BO-98 Only} R.",. 1 '-/l'117<j~I," M~~ 053 r'm 1 ~ : ~~ O~ rACE 184- May 6, 1980 BUDGET AMENDMENT 80-99 TRANSFERRING Furms TO OFFICE EQUIPMENT AND FURNITURE FOR SUPERvlson OF ELECTIONS - ADOPTED Commlss10ner Archer moved, seconded by Commissioner Pistor and carried 5/0. that Budget Amendment 80-99 to transfer funds to Office Equipment and Furniture to the Supervisor of Elections (Administration) be adopted. BOARD OF COUNTY COHMISSIONERS COLLIER COUNTY, :r'LORIDA BUD GET A N END MEN T , m neCJui:t:es Board Approv"ll . D Do'e's' Not Require Board Approval (transf.er \-lithln object code range) FUND 'GI~Nf.RI\L , . DEPT.: . St1I?Eav.ISQR OF ELECT.IONS-ADMIN DESCRIPTIO:-l : ~ransfer of funds to Office Equipment and Furniture for cost of furniture and equip~ent for anticipated clerical help, as follows: Desk $349; Chair $90, Typwriter $860. TO (Increase): ,.' Office Equip & Furniture 001-519-5-00-18-010-642 $ 1,300 - 001-519-5-00-18-010-120 $ SOO 001-519-5-0P-18-010-420 500 Total .Lk!Q.Q FROM (Source'of Funds): Regular Salaries postaye, Freight & UPS County Mgr/Div. nir. Approval: . / ' I" A Dnto: Fiscal Of.~ite~/J Doard of County Corom. Approv' :fJ~ Approval: Date ,.. ~ 00 Date: May 6, '1980 No. $0-99 nUDCE';' l,~:: nTS'l'flTRUl'ION: 'il 1l0i'lr<1 Record!> (Origin"l) 1:7 risenl Officer z:7 nep<~rtment(s) Affected . 'r7 lIt:counting ncpnrtment V I'urChilsillY (El!llip,l\?llt O"ly) L:7 BU<<9~t Annlyst Up" "/17 17 C)~T." May 6, 19BO . BUDGET AMENDMENT BO-lOO TRANSFERRING FUNDS TO COMMUNICATIONS EQUIPMENT FOR CHANNEL ELEMENTS FOR STOCK.I\OE - ADOPTED . Commissioner Wimer moved, seconded by Commissioner Brown and carried 5/0, th~t Budget ~nendment BO-I00 to transfer funds to Communications Equipment for the Coonty Stockade in Immokalee be adofltpd. BOARD OF COUNTY COl-lHISSIONERS COLLIER COUNTY, FLORIDA BUDGET A MEN D MEN T LX! Requires Board Approval . D Doe's' Not Require Board Approval (transfer within object code range) FUND GENERl\L, . . ' . DEP,T.' . : 'qOt.t~T.Y. .STOCKADE I!'1MOKALEE DESCRIPTION: Transfer of funds to Communicntions Equipment to purchase channel elements for the base station, four han1 radios and two , mobile radios so that the Stockade has use of more than one channel for emergencies. '1'0 (Increase): Communications Eguipment 001-523-1-13-31-010-644 $ 300 -. FROM (Source of Funds): Contingencies 001-519-1-00-05-010-990 $ 300 Board of County Coonm. DUDGET J\l'lE'::' J\)?):'roval: Dilte: May 6, 1980 ~o. bO-l00 DI5TIUDlITION: ' '0 lJounl llCC07cJs (Or i9in<11) D Fisc..l Off:lcnr D pel'"rtrnent(s) lIffected L-.7 lIccounting DCpilrtment D I'urchi:lniI19 (Equipment Onl): L:7 DucJ9ct lInalyst l?"v. , 1.1\ 717<)>11.11 - ~o:,( 053 PAGE 185 '~on't 053 PAGE 186 ''!" May 6, 1980 BUDGET AMENDMENT 80-101 TRANSFERRING FUNDS FROM CONTINGENCIES FOR INOCULATION CF 265 PALM TREES IN COUNTY PARKS - ADOPTED Commissioner Wimer moved, seconded by Comnfssioner Brown and carried 5/0, that Budget Amendment aO-101 to transfer fun~s from Contingencies to provide for inoculation of 265 palm trees in County owned parks be adrpted. '. BUD GET ^ MEN D MEN T BOARD OF COUNTY COMMISSIONERS COLLIER COllN'I'):', I"LORIDA '5 Requires DOun1 Approval 'D nO'e's' Not Require BoarCl Approval, , . , , . . , , . . . . ' ' ,(,t.r.a.n.s.f.e.r :~.i.t.h.i.n ~b.jec.t code range) FUND GENERA.!,,: DEP.T.: . : 'PA:RI(S. s. RECREATION/ GROUNDS HA. DF:SCRIPTION: .; Transfer "f~nds from Contingencies to provide for cost of inoculation 01 ,',5 palm tree.s in County owned parks. f' ~\I $ 464 ~ TO (Increase): Other Contractual Services 001-572-1-15-87-010-349 -. FROM (Source of Funds) : Contingencies 001-519-1-00,05-010-990 .L~ ~o~~~iV' Dir. Q, - ->- ~~;~~;(jIf;1f DatctJ&-/Q/ ro BOi'lrd of County Comm. 7\pprovill: nUDGET }I~\l..",l Date:May 6, 1980 1-'0.00-101 'D~p ',?1,7/"'1ClLHU - DIST'GllUTION: . 'D lJonrd Records (Origi""l) j=7 Plscal Officer 2:7 Department(s) lIffectcd , 'D lIccounting OO,[>ilrtment D l'urchacing (Equipment Only) ~ Budget lInalyst l____. .. May 6, 1980 BUDGET AMENDMENT NO. 80-102 FOR COST OF POSTAGE BY THE TAX COLLECTOR - APPROVED IN THE AMOUNT OF $9,937 Fiscal Officer Harold Hall explained t~at the subject budget amendment represents the cost of ~ostage by the Tax Collector's office; that, according to the relative Statutes, the County is required to pay this cost; and, that unlike past years, whereby the Tax Collector red~ced the amount of tax revenue that he collected by the amount used for postage before fo~'arding said tax revenues to the Fiscal Office, the Tax Collector has opted to handle the matter in such a way so as to necessitate the subject budget amendment. Mr. Hall stated that although this figure r.epresents a large portion of the contingencies, the postage charges are a liability of the County, therefore, he ,'('commends that the Board approve the subject budget amendment; the alternative would be for the County Attorney to approach the Tax Collector and begin to try to find a more appropriate solution. Convnissioner Wimer moved, seco, led by Commissioner Brown and carried 4/1, Conmiss10ner Archer opposed, that Budget Amendment 80-102 be adopted. * * * * * * 053 ;.:-187 * May 6, 1980 FISHER, JOHNSON, ALLEN & [lURKE, INC. AND SO'UTHEASTERN MONICIPAI. 1l0NDS, INC. TO BE CONTACTEn BY FISCAL OFFICER RE FINANCIAL CONSULTANT SERVICES PROPOSAL REGARDING ROAD CDNSTRUCTION BOND ISSUE FUNDED BY ADDITIONAL ONE CENT FUEL TAX AND OTHER FUEL TAX Fiscal Officer Harold Hall explained that he has received two proposals from financial consultant firms regarding the road construction bond issue that is to be funded by the additional one cent fuel tax and other fuel . tax; one from Tampa, Florida, presently involved in a similar bond issue in Hillsborough County; and the other, from Orlando, who has had extensive experience with County bond issues, ard has handled a $7,000,000 gas tax bond issue in Orange County. He said that the former firm, II. G. Nix, has offered a ',erbal proposal; and the latter firm, Leedy, Wheeler and Alleman, has submitted a written proposal, same being part of the Clerk's report. Mr. Hall stated that both proposals were similar; both firms are well qualified; however, Leedy, Wheeler and Alleman appear to be able to undertake the proposed bond issue for Collier County more quickly than the firm of H. G. Nix. Mr. Hall stnted that he is recommending the engagement of Leedy, Wheeler, and Alleman, at the cost of $26,OOD, ir, order to facilitate the initiation of the necessary work as soon as possible. Commissioner Wimer asked Mr. Hall if he has contacted the two financial consult~nt firms that have been working on the Willoughby Acres project, Fi~her, Johnson, Allen & [lurke, Inc. and Southeastern Municipal BonQs, Inc. He said t:'at he is very pleased with the work completed for the County, by these two firm~ and he said that it is his wish that they be contacted. Mr. Hall said that he has not talked with these two firms; he has Lontacted only firms that he had immediate information on, that were workin~ or had worked on specifically the gasoline gas tax revenue bonds, and that have the kind of knowledge that will enable them to move quickly and develop the financial statements for the County in order to move forward into the kinds of information that is needed for this type of project. Mr. Hall said that their name was not mentioned at the :lp~ l~at he was preparing a list of firms with specific experien~e in road tax revenue bonds. ~.. BO~~ 053 PACE 189 &0:);( 053 PACE100 May 6, 1980 Conlnissioner Wimer said that he wants them contacted and asked if they have expcrience in this type of work and if they would be interested in this project. He moved that the Fiscal Officer contact Fisher, Johnson, Allen & Burke, and Southeastern Municipal Bond, Inc., and that thc Fiscal Officcr ask them if they would like to submit a proposal for the financial consulting services for the road construction bond issue funded by the additional one ce~t fuel tax and other fuel tax. Commissioner Bfown secondcd the mo'.ion which carried unanlmolJsly 5/0. AMERICAN APPP~ISAL COMPANY TO CONDUCT PHYSICAL INVENTORY OF COUNTY BUILDINGS & EQUIPMENT; PROVIDE COMPUTERIZED INvENTORY LIST OF ALL EQUIPMENT INCLUDING APPRAISED VALUES FOR INSURANCE PURPOSES FisCJl Officcr Harold Hall explained that he is presenUng a recommenda- tion for the engagement of American Appraisal Company to conduct a physical inventory of all buildings und equipment belonging to the County. He said that they will also use their computer based system to produce an updated equipment inventory list which will include the appraised value for insurances purposes. Mr. Hall said that he has received recommendations for several years, to acquire an accurate appraisal of buildings and contents for insurance purposes; that in the case of a major loss, the County would have problems due to the ldck of complete information needed for proper claims. He also said th~t between now and October 1, 19BO, the County must have a complete in,entory of all contents. (fixed assets). Mr. Hall explained that the County hilS been working towards the. development of a computer based system for equipment inventory records, both for insurance purposes and management information; this has not progressed on the anticipated schedule that he had hoped for; and, the cost of this type of a computer based program for inventory will cost the County approximately between $19,600 to $27,400. He said that this figure represents the cost if the County were to do all the work ":(, hOl'se" with May 6, 1980 additional part-time help; and, that between $10,000 to'$12,OOO will be used for the insurance purposes that has been recoirmended, ~'r. Hall said that the proposal from American Appraisal Company is for completing the entir~ package as indicated earlier at a cost of $25,000; and that this is to be completed by October I, 1980. Mr. Hall referred to the proposal as one for a "turn-key" job in that the v~ndor will furnish everything. Mr. Hall said that the cost of the subject inventory and sub- sequent reports was not budgeted; at the time of budgeting the County had not considered the completion of an appraisal for insurance Durposes;' and that at the time, the County had been bringing in part-time people . during the summer Iilonths to complete the physical inventory and this was not done la$t year. Mr. Hall reempha:;izerj the fact that there is a need, at this time for a very thorough and extensive physical inventory; and, in his opinion, this is the quickest, most direct means of approach to accomplish this task, even though it is an eXflensive one. He said that he is recorrrnending that the Board approve the engagement of American Appraisal Company for this task, pointing out that the County does not have the staff available to do this work; additional personnel would have to be hired on a part-time basis; and that the cost will be close to the same either way, with American Appraisal Company having the experience to ~omplete the needed work. Commissioner Bt'own moved, seconded by Commisioner Pistor and carried 5/0, that Mr. Hall's recommendation De adopted and the firm of American "fJilraisal Company be engaged to conduct a physical inventory of all County buildings and equipment and provide the County with a, computerized inventory 1 ist of all equipment along with the respective appraised value for insurance purposes. Commissioner Wenzel stated that he reluctantly voted for the subject engagement; that he figures that the County has probably paid out some $i00,000 in salary to someone who was supposed tc ~0 all that work. BO~X 053 PAGE 191 eo~~ 053 PACE 192. May 6, 19BO MR. CHRIS RLUNT REAPPOINTED TO A TWO-YEAR TERM & MR. VINCENT MURPHY APPOrNTED TO A HID-YEAR TER~l ON PARKS &RECREATrON ADVISORY BOARD Commi,sloner Pistor moved, seconded by Commissioner Archer and carried unanimously 5/0, that Mr. Chris Blunt be reappointed to serve a two-year term as the district 1 rcprcsentative; and Mr. Vincent Murphy to be appointed to scrve a two-year term as district 3 representative, on the Parks and Recreation Advisory Board. REQUEST FROM TOBY CARROLL, REPRESENTING OEVELOPERS OF BAYBERRY PATIO HOMES, INC., fOR ACCEPTANCE AND APPROVAL OF CERTAIN FACILITIES IN SAME DEVELOP- MENT - CONTINUED TO AFTERNOON SESSION Attorncy Toby Carroll, representing the developers of Bayberry Sub- division, known as Bayberry Patio Homes, Inc., requested that the Board approve and accept a certain street, along with water and sewer facilities within said subdivision. Mr. Carroll claimcd to havc forwarded all the nceded information, papcrs, documents, ctc. that the County has reque3ted, for final acceptance by the County in order that the developer can proceed with the acquiring of the C.O.' s (Certificates of Occupancy) for some 10 unit~ that are completed. He said that it is the opinion that all of the provisions of Ordinance 78-10 have been met with the exception of forwarding a certain sewer facilities lease agreement re insurance; however, he said that it is his opinion that the subject lease has no bearing on the refusal or approval of acceptance that he is requesting. Utility Director Berzon stated that certain requirements that he has listed in a letter to the developer have not been met as of this date. The engineer for the developer stated that w.ost of the required documents, etc. are at hand, in his office, at this time, with the exception of the sewer lease agreement which is being "held up" in St. Petersburg, where the other partner is located. The engineer said that he is waiting for it to arrive, so that he can made a complete submission of all the needed documents at one time. He s<iid that the engineering and construction has been complete for some time. Chairman Wenzel ~:ated that as soon as Mr. Berzon receives the required documents as requested in the letter of April 25, 1980, then the developer shollld come back. and request the acceptance. Mr. Carroll explained that he must have an acceptance in the next 10 days, in order to obtain the mortgage money for the 10 units completed, tl,f"l>l ~".,.. h,.,,....,., ...,,1ft ,.. t-h..f... r'l1""{nt (n ...~'"(\ ''lay 6, 1980 There was a consid~rable amount of discussion, and it became apparent that therc was a difference of opinion batween the staff and the attorney for the developer as to what has and what has not been forwarded to the , County, and what has and what has not been completed at the site of the deve10pment. There was also conflicting statements regarding what the project engineer claims to have not submitted versus what Mr. Carroll claims was submitted, as well as between what the Utility Director claims is necessary versus what Mr. Carroll claims is not necessary. Hearing this confusion, Mr. Berzon explained to the Board that the set of "as-built" drawings are needed because there were many problems with the engineering that have been remedipd, and these changes must be certified by an engineer to facilitate the future accessibility for repair and/or installation of lines. Rcga~ding the subject lease agreement, Mr. Berzon reminded the Board that if they were to accept the facilities they have to accept everything as it is at the time of acceptance, and the lease agreement contains a provision I'cCJ<lrding the responsibi1ity for liability and insurance concerning the sewer tre,] tment facil ities; therefore, the absence of this instrument results in certain ambiguities that he feels need to be cleared up prior to the County accepting all the responsibilities in question. After hearing all the conflicting statements, and his client's engineer stating that all the related documents have not been forwarded to the County, Mr. Carroll stated that it is not his intention to present something that is not as it should be, and that he was not aware that all the prerequisites had not been met; therefore, he asked that in lieu of final acceptance, perhaps, the Board can approve the temporary hook-ups, and that he will guarantee the delivery and submission of all the missing documents, etc. as required by the County staff, within one week. Upon hearing this offer from Mr. Carrol, Commissioner Archer asked for clarification regarding what it is that Mr. Carroll wishes the Board to do. Mr. Ca rro 11 sa i d tha t he is reques t 1 ng the BOi\ rd l;: authori ze the C.O. 's on the ten units mentioned earlier. Mr. Berzon said that what is holuing up the issuance of the C.O. 's i~ the final acceptance of the sewer lines. ~ ....193 ~^~~ ~. . BOOK 053 PACE 194 May 6, 1980 County Attorney Pickworth stated that he wishes it to be made clear, that while the requirl::cj criteria for acceptance may be available, it has not been submitted to the County and the engineer for the developer concurred. Commissioner Archer suggested a recess, for, the purpose of al1o~ling Mr. Carroll and the County Engineer and County Utll ity Director to meet and find out exactly what is missing from the submitted material. * * * RECESS: Time 11:00 A.M. to 11:08 A.M. * * * Chairman Wenzel asked Mr. Gerzon the status of the situation and Mr. Berzon repl ied t/lat the same items that were explained as missing before recess are still the same. He added that if the Board wishes, and they do not feel that the County will be placed in ~ny particular jeopardy, they can authorize the Building Department to issue temporary C.O.'s for the units that Mr. Carr011 has expressed a desire to be able to have occupied; he does not recon~mnd that the County accept the lines at this particular time, but, he does request that the Board also authorize this mil ttcr to be put on the agenda for next Tuesday, He added that in the event that all the required documents are submitted to the County by next Tuesday, then, he will recommend acceptance of the subject lines; and at that time, the stutl1S of the C.O. 's can be changed from temporary to permanent. County Engineer Garksdale stated that he does not think the Board should issue tpmporilry C.O. 's; he thinks that that is a function of the staff; and, that he is not sure as of this date, if the Engineering Department has signed off on all of their requirements nor if the Building Department has. He said that he thinks that it would be ill-advised for the Goard to take action at this time, until all of the staff has been heard from. Following a discussion regarding whether 0~ not next Tuesday would be too late for Goard action on the part of the deY~loper, and after Mr. Carroll saying that it would, Chairman Wenzel asked if Mr. Carroll could leave, and gather up all the necessary papers, documents, etc. that he claims to have, and bring them back this afternoon, during the work- shop session for Goard action. May 6, 1980 , Commissioner Archer asked Mr. Barksdale if he knew if the road in question has been paved, and there was more conflict of opinion between Mr. Carroll and Hr. Barksdale. Mr. Barksdale stated that it has not; Mr. Carroll stated that it has. Commissioner Archer moved that this be continued to next week, as there are tou IIIdny questions that need to be answered, and that the staff must be sJtisfied. The ;notion died for lack of a second and Chairman Wenzel asked Mr. Carroll again if he wOuld be able to produce all the pertinent documentation later today. Upon hearing from Mr. Carroll, that he could do this, Chairman \~enzel stated that the matter wilT be continued until this afternoon, and that if Mr. Carroll returns, the Board will go back into Regular Session to hear his request. at that time. DISCUSSION RE ADDITION OF ITEMS TO THE AGENDA Chairman Wenzel requested that he be allowed to make a statement, and said th~t he was very upset this morning. He explained that he did not realize that it would upset anyone by requesting the item regarding American Ambular,ce be added to the agenda. He said that he gave the item to Ms. Morgan last Thursday, May 1. 1980, and he does not understand why the other memoers of the Board were upset; stating that other Commissioiler's add items to the agenda, as did COTmlissioner Brown, and no one seems to get upset over that. He said that he feels it was unjustified; however, he would like to make one recorrl1lendation, that from now on, no Commissioner will b~ allowed to add anything to the agenda without the approval o~ at least three mf!lIIbers of the Board. lie said that is the WflY it IJ~~:l to lie ten yelll's ago. lie lIIade Il1s recommendation a motion, which died for lack of a second. Commissioner Wimer stated that he did not get upset because the Chairman added the i tem.to the agenda; ra ther, he voted to approve the itP':l as an addition to the agenda; and, that the additional item was supposed to be a statement rc~arding American Ambulance. Con~r.~s~ione:" himer said, "I jun~ed on you because of your irresponsibla attitude towards this Board." He said that there is no motion needea, as the suggested method of adding items to the agenda is the procedure tha t the Board already foll ows. He M~, 053 pm 195 IT \ , , : '~'i: ,o;i ;"ij d" .i , ; ~ ~.' .,':; i I , I .') ~I I I BOCK 053 PACE 196 May 6, 1980 said that he has no problems with the procedure of adding items to the agenda; he does request that whoever requests an item be forthright in their presentation of what that item will be. Commissioner Brown s ta ted tha t he IIi! s no problem with the present procedure of add i ng items at the last minute and Commissioner Wimer said that he is aware that he hlmsel f has done this via memorandum many times in the last few months. CERTIFICATES OF CORRECTION TO THE PROPERTY TAX ROLL- AUTHORIZED FOR CHAIRMAN'S SIGNATURE Commissioner Plstor moved, seconded by Commissioner Archer and carried unanimously 5/0, that the following Certificates for Correction to the 1979 Tax Roll, as presented by the Property Appraiser's office, be authorized for the Chairman's signature: 1979 Tax Roll NLllnbers Date 4/21/80 4/21 - 4/30/80 4/28/80 525 527 - 554 575 1979 Tangible Personal Property 1979 - 185 - 190 4/29 - 5/1/80 ADDENDU~l /13 TO THE COOPERATIVE EQUIPMENT LEASE BETWEEN DIVISION OF ;'ORESTRY AND GOLDEN GATE FIRE CONTROL DISTRICT RE TRUCKS Commissioner Archer moved, seconded by Commissioner Pistor and carried unanimously 5/0, that the Chairman be authorized to sign Addendum 113 to the Cooperative Equipment Lease between the State Division of Forestry and the Golden Gate Fire Control District re trucks. * * * * May 6, 1980 eoo~ 053 PACE 1.98 CAPC AUTHORIZED TO CONTACT THE SCHOOL BOARD RE GROWTH FEES BASED ON NEW DWELLING UN IT CONSTRUCTION ~'s. ~lary Ilorgan, Administrative Aide to the Board, stated that a letter dated 5/1/80 has been received from the Chairman of the CAPC, William Walters. ~ndicating the CAPC's desire to contact the Collier County School Bo~rd concerning the possibility of arranging a meeting between the CAPC, the School Board Attorney, the County Attorney and whomever else the Board may wish to have attend, for the purpo~e of discussing the CAPC recoIT111endations as outl ined within the memorandum from Mr. Walters to ~he BCC dated 2/25/80. re methods of financing for new school construction of new dwelling units. Conrnissioner Archer moved, seconded by Commissioner Pistor and carried unanimously 5/0, that the CAPC be authorized to contact the Schoo: Board for the purpose of setting up a meeting to discuss the above referenced CArc reconrnendations. WORKSHOP TO BE SCHEDULED RE BCC POLICY REGARDING ALTERNATES ON ADVISORY BOARDS Administrative Aide to the Board Mary Morgan reported that she has received a memorandum from William Walters, Chairman of the CAPC, in which he notes the recent loss of t~:o of the alternates from said board. She said that the BCe has not received any letters of resignation from the respective alternate members of the Board, however, in light of the questions that Mr. Walters has put forth in the memorandum, perhaps, the Board would 1 ike to reconsider their policy of not appointing any further alternates to advisory boards. She noted that rir. Walters also questions the need to have members represent a specific district on the CAPe, as thir C]reatly reduces the chances of an alternate becoming a regular member. She said that the Chairman of the CAPC is requesting the appointment of two additional alternates to the subject board. Following a discussion regarding the need for alternates on this specific board,.and tl,p ';oard policy ~dopted April 17, 1979 that no new alternates ..ill be appointed to advisory boards, Commissioner Pistor moved, :;, ~lJnded by Commissioner Archer and carried 3/2, that the matter of reviewing the aforementioned Board policy be workshopped. Commissioners Brown and Wimer . M__. . ~ ~ ., / I l L~..,__/ May 6, 1980 opposed. Commissioner Wimer said that he is opposed to any change in the Policy regarding any board except the CAPC, and he would be In favor of reviewing only that one board. "Chairman Wenzel directed County ~Jnager Norman to schedule the workshop session. LETTER OF SUPPORT RE CONTINUATION OF FEDERAL FUNDING FOR DEVELOPMENT OF PARKS AUTHORIZED FOR TRANSMITTAL TO LEGISLATIVE AND CONGRESSIONAL DELEGATIOrlS Administrative Aide to the Board ~1ary 110rgan stated that she has received a memorandum, dated 4/29/80, from Parks and Recreation Director Rollie Rice, in which he indicates that the President has forwarded recommendations to Congress concerning the reduction of monies that would have been available for funding regarding parks and recreational development. She said that Mr. Rice has urged the Board to contact Collier County's Legislative and Congressional aelegation, and voice objection to the disprop0rtionate reduction of these funds, noting that the future develop- ment of Bayview Park could be affected by the loss of such funds. Corrmissioner Archer moved, seconded by Co~nissioner Pis tor and carried unanimously 5/0, that the County transmit a letter, signed by the ChairmJn, that will support the continuation of Federal Funds for the development of parks, to Collier County's respective Legislative and Congressional deleyations. COUNTY ENGINEER TO MEET I~ITH NORTH NAPLES RESIDENT MIKE ZEWALK RE STATUS REPORT REGARDING RAIL ABANDONMENT BY SEABOARD COASTLINE ---.-. Mike Zewalk, North Naples resident, asked the Board members what the stctus of the Seaboard Coastline Railroad was at this point in time? He said that he has been approached by several citizens in the North Naples area, and requested to find out when the last train will pullout; whether or not the constl Jction on the terminus in North Naples has begun; and exactly what the time schedule is regarding the abandonment of the rails. Chairman Wenzel asked County Engineer Barksdale if he would meet with Hr. Zewalk and give him a status report concerning the subject abandonment. Mr. Barksdale agreed to meet with Mr. Zewalk and bring him up to dat~ In the matter. ~D:lK 053 rACE 199 J \'.lo '" ~ '1 ~1ay t5, 1980 handling or equipment between all points and places in the State of Florida. 10. Copy from USGA of Water Summary of South Florida 1980 covering January 1 through March 31; filed. 11. Copies of The Journal of the House of Representative3 and the Senate covering period from 4/16/80 through 4/29/80; filed. CONTINUATION OF DISCUSSION RE REQUEST BY ATTORNEY FOR BAYBERRY PATIO HOMES, INC. (DEFERRED FROH A.M. SESSION) - FURTHER CONTINUED UNTIL MAY 13, 1980 Mr. Berzon explained that his recommendation during the previous discussion this date was that, if the other departments' requirements have been satisfied, the Board could, if it wishes, authorize th~ issuance 0 f t"lllporary Cert i flea tes of Occupancy for the subj ect apart- ments. He said that there are very minor matters that have to be taken Cilre of but that "they could live with those" and could accept connections to the utilities. Mr. Bilrksdale reported that when Building Permits were issued, Bayberry Patio Homes, Incorporated entered into an agreement with American Design and Development, the developer for the Riviera ~olongy Golf Estates Unit 3, to grant them an access across a road which was not yet constructed but which would be constructed as part of Unit 3, Pilrt of that a;reement, he continued called for Bayberry to construct the rOldwilY to County standards and, upon completion of it, American Design and Development would dedicate the right-of-way to the County. This roadway, said Mr. Barksdale, has not been completed, nor has the dedication been drawn and presented to the Cour.ty. He added that the utilities have been installed withIn the 60' right-oF-way but they are not within a dedicated right-of-way at this time, as required. Public Safety Administrator Hafner reported that he checked with the Building Department and, as of now, there are three items to be inspected with regilrd to Building 10, 11 and 13 - namely, Plumbing, Fire Department, and Engineering. Responding to Chairman Wenzel regarding partial C/O's, Mr. Hafner said that the State prohibits against issuing temporary C/O's. Attorney Carroll disagreed, stating that the buildings are complete and ready for certification, noting that the sewer' has been approved by the COUrlty, the water has passed the "perc" tests and ready for connection, and that he ca~not get the ,Certificates becauGe the developer in the area has ,J~.~;~,~~A Jhn r~~rn~~ BQ~K U~ PAGE2(J, May 6, 1980 Commissioner Plstor asked if the se\~ers have been accepted, as mentioned by Mr. Carroll, with ~lr. Berzon responding in the negative. Noting that Mr. Hafner has advised that the plumbing has not been "passed", and, since the roads have not been accepted, Commissioner Pistor said he could not see ho\~ even temporary permits, if permitted, could be issued. ~lr. Carroll cxplained, in rr.sponse to Commissioner Archer, that the strcet in front of the buildings has been put in but not accepted by the County for the reasons that they do not have the last 2" of pavement in, suggesting that this matter is not a requirement for a Certificate of Occupancy. Mr. Haf~er pointed out that such requirement is part of the process. At this point, Commissioner Archer moved that the discussion be tabled and the matters resolved for future presentation to the Board. Commissioner Pistor seconded the motion. Commissioner Wimer inquired if, in the event there is something lacking such as the plumbing not finished, and the like, or some legal entanglement with the right-of-way, if the developer could post an additional bond to make surc that the publ ic interests are protecter:. ~'r. Carroll advised that any reasonable bond would be agreed to, with Commissioner Brown ooserving thdt Conlnissloner :,imer's suggesting was a valid one. It was noted by Commissioner Archer that it is not a matter of money but rather a matter of a lack of connlunic~tion between the engineers representing the client and Mr. Carroll - that possibly he is not being told "the whole story", and that the County's staff is scying that certain items have not been completed that his engineer has stated have heen. Mr. Berzon offered the suggestion that the entire matter be placed on the agenda for nay 13, 1980 and at that time, if everything has been taken care of, the issue can be settled., Commissioner Archer questioned the n need for the Board to become further involved if all of the requirements have been complied with, whereupon Mr. Berzon said that one issue does have to be brought to the Board and that is the acceptance of the sewer lines. Co~nissionp.r Archer pointed out that that is the lease agreement previously mentioned, another matter being the as-finished drawings. He said ~hat those are "simple matters" and that the permits can be issued prior to the Hay 13th date, if appropriate. ( r ,I May 6, 1980 Commissioner Archer reiterated his motion to reschedule the subject matter on the agenda for the following week, and, upon Chairman Wenzel's call for the question, the motion carried 4/1 with Commissioner 8rown voting in opposition, with the comment that he would like to see better disposition made of the problem. * * * * * * There being no further business to come before the Board, the meeting was ildjuurned hy order of the Chair - Time: 2:45 P.M. BOARD OF COUNTY COMMISSIONERS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL CH~ ATTEST: WILLIAM J. REAGAN, CLERK ~jAi1u , "', ;1 ",..,. .) 11./// c , ill ,'{4 (~I ;.. /l!j:..1(/~ JJ, C ' ,..' ) I ~ .: ", .. ' BO~X 053 PAGE 203