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BCC Minutes 01/30/1979 R Naples, Florida, January 30. 1979 LET IT BE REMEMBERED. that the Board of County Commissioners in and for the County of Collier. and also acting as the Governing Board(s) of such special districts as have been created according to law and having conducted business herein. met on this date at 9:00 A.M. in Regular Session in Building "F" of the Courthouse Complex with the following members present: CHAIRMAN: David C. Brown VICE-CHAIRMAN: Clifford Wenzel John A. Pistor C. R. "Russ" Wimer Thomas P. Archer ALSO PRESENT: William J. Reagan. Clerk; Harold L. Hall. Chief Deputy Clerk/Fiscal Officer; Edna Brenneman and Debbie Pantano (3:35 P.M.). Deputy Clerks~ C. William Norman, County Manager; Donald A. Pickworth. County Attorney; Irving Berzon, Utility Director; Clifford Barksdale. County Engineer; Mary Morgan. Administrative Aide to the Board; and Deputy Chief Raymond B~rnett, Sheriff's Department. ~.... BOARD OF COUNTY COMMISSIONERS FINAL AGENDA January 30, 1979 REQUESTS TO ADDRESS THE BOARD OF COUNTY COMMISSIONERS, ~mICH ARE NOT ON THI S AGENDA, WI LL BE HEARD AT 11: 00 A. M. UNDER "PUBLIC PETITIONS". 1. INVOCATION 2. PLEDGE OF J.r :-.EGIANCE 3. APPROVAL OF AGENDA 4. APPROVAL OF MINUTES: January 9 and January 16, 1979 5. PROCLAMATIONS AND PRESENTATIONS OF AWARDS A. Service Awards (1) Andrew Demand (2) Arturo Herrera (3) C.l:(de McFry (4) LU1S Rosado (5) Edna Santa 6. SOCIAL SERVICES 5 years 5 years 5 years 5 years 20 years &0011 045 'A'E312 BOOK 045 PACt 315 January 30, 1979 AGENDA - APPROVED WITH ADDITIONS Commissioner Wenzel moved, seconded by Commissioner Archer and carried unanimou~ly 5/0 that the agenda be approved with the following additions: 1. Discussion of ~larco Island Utility purchase - Added to Workshop Agenda. 2. Discussion of installation of traffic signalization at Vanderbilt Beach Road and U.S. 41 intersection. and at the Collier Boulevard and Barfield Avenue intersection - Added to Workshop Agenda. 3. Approval of cost allocation for CETA Grants - Added to Clerk's Report - Regular Session. MINUTES OF JANUARY 9, 1979 - APPROVED SUBJECT TO INSERTION OF VERBATIM TRANSCRIPT OF PORTION OF "1EETING; MINUTES OF JANUARY 16. 1979 - APPROVED AS PRESENTED Commissioner Wimer moved. seconded by Commissioner Wenzel that the minutes of the January 9 and 16, 1979 meetings be approved. Commissioner Archer requested that a verbatim transcript of a portion of the item with regard to Commissioner Wimer's Excavation Permits be included in the minutes of the meeting of January 9. 1979 to provide additional clarity to the action taken by the Board. Commissioner Wimer restated his motion to move that the minutes of the meetings of January 9 and 16. 1979 be approved as corrected by Co~nissioner Archer. The motion was again seconded by Commissioner Wenzel and carried unanimously 5/0. FIVE-YEAR SERVICE AWARDS PRESENTED TO NESSRS. DEMAND. HERRERA. MC FRY. AND ROSADOi 11/ENTY-YEAR SERVICE AWARD PRESENTED TO ELECTIONS SUPERVISOR EDNA SANTA Follow1l1g , 'q reading of same. Chairman Brown presented the following , Service Awards: 1. Andrew Demand - 5 years 2. Arturo Herrera - 5 years 3. Clyde McFry - 5 years 4. Luis Rosado - 5 years 5. Edna Santa - 20 years The recipients of the Awards were present to receive the certificates together with the appreciation of the Board of County Commissioners. ullllUlll",y JUt J.':JI ':J SUPPLEMENTAL BUDGET NO. 1 FOR FISCAL YEAR 78-79 . ADOPTED Legal noti ~ having been published in the Naples Daily News on January 22, 1979 as evidenced by Affidavit of Publication filed with the Clerk. public hearing was opened to consider requQsts or complaints regarding a proposed Supplementary Budget for the Fiscal Year 197B-1979. Fiscal Officer Harold Hall explained that the budget carries fan'/ard monies budgeted but not spent for road projects scheduled and budgeted for in the 1977-78 Fiscal Year which are still to be completed and paid for. following County Manager Norman's advice that there were no persons registered to address the mattert Commissioner Wimer moved. seconded by Commissioner Pistor and carried unanimously 5/0. t~at the public hearing be closed. Commi~sioner Pistor moved. seconded by Commissioner Wenzel and carried unanimously 5/0, that Supplemental Budget No. 1 for Fiscal Year 197~-79 be adopted. , .: '."~~::1"""'''''-'''' _....\.~..:NoilC.O"PU8LICHEARINO .."....-::...... . :.. , -1 pu.suonl 10.6,;'010' Ii.. Florldo Sloluti,,', ''IOU 0" ht..bv nollll.d Ihal Ih. eoo,d il Cown 'I Commlulono.. 01 Colllu Coun;~ ,..tv, Florida, will hold 0 "ublle Hto,'no 01.':00 a.m.. JonllO'., )0. 197', '" Ih. Doo,c1room I Dlllldlng "P", Cou.,hou.., Eotl ..:..' Nool_., Florida. lor 'h. pur po.. 01 htorlno '.Qunts 0' coml'lolnll ",o'd'"O a P.ollO. d SIIPpltm.nto.v Dudo.1 10. Iht . < <'.' lI.eol v...r "7..n. Th. orlmo.v ou.po.. 01 thll Suppl.mtnlol Budot.11 '0 app.op,lo .Iu d. eo,r',d lorword Irom FY 1977, :' ','::' 7. lor comol_lIon 01 rood prol..." ach.dul.lI In Fllcol Yto, .t977.7L A cop., 01 Ih. or td blllla.I II avolloblt la, pllbllc In. . ;: '. ro~~~.'!' I~,. ~N~~.~! ;I.I)~: CI.t'.k, ~o, I,h.,;~~r~~~ ,~~. ~!~~i..~,UI!.d~~.~~!::,.~~~:.!~~.~"~,, ~~~.,~ lumr, ~~~~..Ol .~!~ ~~~~~',!' ,~~. ... , . .. h.'.... . ..... ....~!!..~..'<'.....,..'.' <"""r''''''''1.'~I'--;'-''.o\' . ,( :.J. !1',.~~t,:"""1:'l \'I\,,~.'I..,::.,..:,':":~'eO'\ROO"COUNi'YCOMMISSlONIR' . .:'..:, . '; .,.~...... ..... '.'......~ -:- ~:'. .' , :L.l ':'~\~;i:' ,.~~t 'l,: .! ..ifJ,~,i\~t\.. t\ :" ~,l :<I'.,'~' .4~" COL.LleR COUNTY. PLORIDA . II ,.:~l..' l I'''\f.... f I ~:\ IJ.:~ 1~:ll'~: J:f:: ~ ....>:. ~:.I~: . '\ . .' ''-'i \"':I\.~\: llt......Jl'l.;;'...r.:;..li.'-.' 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',. . :. , ;\"I;.'/~:~ MSTP N~ 2:..'.~(t1'l' :~'" " .\.~t,,'IJ '~..f.I.'rt.~I)'.:~.....;:I'. ~,.:~.O~.,,~~~I~~~. ~,~~~;'~;'.2"200 .~:. II:::.; : ~':. $24.'00 I :.:;. .:!'::~:, .. .. '.': MSTD No. )', -Sl' .,:~,:. :;.::\ ';' '.:. . ;..;. ~ "~\,::"". IS ,:'~l"'oO'~;'f: i'!r~;t. t2~':gg :,'./-'.? ,. 'I;;Y"~" ;2~':gg.. ~"}.:: :",~:.\ .. ;.'\.MSTD No. .......... :"'",,, ..... ", I':' of ..1\.....;").., .: '1\\,:.. ,;\. ~r.... "I. p'~l'.' ," ..t. .' '.1).1 , "::''' ....,f..J/ . ~ ......~. MSTDNo.S" ';tio}'; ~~ :'.\' ),' ',',,', \.....:.. .,,~,.O...J")~~~I"".ih"'ID'_\.\I7'.'OO'r\'" .'.f..t'...t...7..'OO..... ':'''l ~ ,,' 'BOARD OP COUNTY COMMISSIONERS' \ ":'~! \ '; :", ).'" :I~':" '. ~ I~"~i:\'~~';~'~:" 't..::~': . .~.,..':'.~'I,I.-:~:' .;,: .....~~:'.:~"'.. t::".1,1. COI.I,pn COUfolTV. FloOR IDA ""l . .' , ". .. :, 1.". ~~ ~'''I'' ",;,,\:1. ~:'1'''' ".:\ .,:. ...~'.. .....1:. .'~ r .,.....: '..{ .:).;"11""-:" 01\\ In r d:tOWN, Chofrmo" I, .' . ..',... ":~" :: ..~ \~,.,~:~ff~:.~:~~~JNnl~.~f.!~~~':....:..r); .'::l.l:: ~'r;,'"" #i'~..:.~~;'';'\'~ t'l~t!'#"':. .'. WILLI At . REAGAN, CLERK.,,' i"'1 ''l''). ,. t't.",t.. - ...~_.:\'? '~':"'Y.."ll',-,n'W',ll'~' ...... '.' ',1:'>'11" ....,: I.;" ;~4"-'"'' ...f\v: (S) HoroJd L. Halt ~,. " ~ .J ,I...' ~.', ~.,... ..1'. .,....,'"'-..;;'\.~..r '#J:','~~~\'" 1', ..' Il:~.4,'.. ", !........ . I,":.'"!''''' I , " Chl.I Ofl)U1y CI.rk' .,., ':1b-:~!r,""').~.1 ":;'/l.!u ?~.li/11'...~\.::', .~.~\ \t,:.~~~~,1,.".1' :.<:~. ~~.: ' . . ;.... ';.'. .,.: '.~:~/, ..' . ::!!!!:.!~'. ]'l\'''~~~':~lh$!!)I~:O.l ~,~~~:- !:~~:i."1\ ,"1\':." .)..C~ld~I'~~"~ "..,~'...':\o'!'f~";.J.:r.~:.I..'.. " ..... ~, . t-t., No. 704. ... * * ... ... * .~OOK 045 fA~E316 * * ... ... ... ... January 30. 1979 CHAIRMAN AUTHORIZED TO SIGN DER APPLICATION FOR PERMIT TO OPERATE YARD TRASH AIID CONSTRUCTION DEBRIS DISPOSAL SITE AT CARNESTOWN TRANSFER STATION County Engineer Barksdale explained that. as a result of an inspection by the Department of Environmental RegUlation. the.DER has requested that the County obtain a permit to dispose of yard trash and construction debris at the Carnestown Transfer site. He said that all of the necessary application forms and supporting documents have been prepared for submission to the DER following Board authorization to do so. Commissioner Archer moved. seconded by Commissioner Pistor and carried unanimously 5/0. that the Chairman be authorized to sign the Department of Environmental Regulation application for a permit to dispose of yard trash and construction debris at the Carnestown Transfer site. In response to questions from the pUblic in attendance. Mr. Barksdale reviewed the existing policy whereby a permit is issued authorizing entrance to the Landfill site at Golden Gate for disposal of debris which cannot be handled by the equipment at the Airport facility. .. * * * * * * * * * * * * * * * * * * * * &OOK 045 PAC2318 aOOK U4b PAGF 825 January 30. 1979 FINAL ACCEPTANCE OF RIVIERA COLONY GOLF ESTATES UNIT 1 AND RELEASE OF $90.000 MAINTENANCE BOND RE SAME . APPROVED County Engineer Clifford Barksdale explained that Riviera Colony Golf Estates Unit 1 was granted Initial Acceptance by the Board on November 5. 1974 and posted a one-year Maintenance Bond 1n'the amount of $90.000. He said that the County Engineering Department has inspected the road and drainage facilities and has found them to be in a satisfactory condition. Conm1ssioner Wimer moved, seconded by Commissioner Archer and carried un~nimously 5/0, that the Board approvo the Final Acceptance of Riviera Colony Golf Estates Unit 1 and the release of the $90,000 Maintenance Bond posted. ." ." ." ... W ." ." ." ." ." ." ." ... ." ." ." ." ." ." ." ." ." ." ." ." January 30, 1979 CHAIRMAN AUTHORIZED TO EXECUTE AQUATIC PLANT CONTROL AGREEMENT WITH DNR FOR THE USE OF STATE MATCHING FUNDS IN THE AOUATIC PLANT CONTROL PROGRAM .. County Engineer Clifford Barksdale explained that when the budget for the Aquatic Plant Control Program for FY 78-79 was prepared it was estimated that the County would spend $165,000 for the program. The Agreement being presented. said Mr. Barksdale, is to agree that the County will spend this amount in order to receive State matching funds in the amount of apprOXimately $50,000. Commissioner Pistor moved, seconded by Commissioner Wimer and unanimously carried 5/0, that the Chairman be authorized to execute the Aquatic Plant Control Agreement with the State of Florida Department of Natural Resources. as recommended by staff. Fiscal Officer Harold Hall stated that appropriate budget amendments will bE prepared to reflect the contract provisions. ." ." ." ." ." ." ." ." '/r ." '/r '/r ." ." ." ." ." ." ." ." ." ." ." aDDK 045 PACE328 January 30. 1979 REQUEST BY CITY OF EVERGLADES TO OPERATE CETA PROJECT - APPROVED Following brief explanation by County Manager Norman of the proposal by the City of Everglades to operate a CETA project, Commissioner Archer moved, seconded by Commissioner Pistor and unanimously carried 5/0. that tne request be approved. Commissioner Wenzel requested that the Board be furnished with a list of CETA personnel to include where they are assigned and their duties. Mr. Norman said this information would be provided. LETTER OF PROTEST TO SPONSORS OF PROPOSED LEGISLATION RE TRANSFER OF FOOD SERVICE SANITATION FRor~ COUNTY HEALTH DEPARTMENT TO STATE AGENCY TO BE DRAFTED FOR BOARD REVIEW LATER IN SESSION Mr. John Stephens. Supervisor of Sanitation - Health Department. advised that a proposed resolution has been drafted for Board review expressing dis- pleasure with the erosion of environmental health matters by reaSSigning a portion of the Department's activities with regard to Food Service Sanitation from the jl'risdic~tfon of the County to a State agency. Mr. Stephens pointed out that the State Association of County Co~issioners is backing the Health Department in opposing the proposed Bill being sponsored by State Senator Edward Dunn. Discussion followed concerning the activities of the Sanitation Department. the control which would be lost by the County if the inspections of certain food establishments were to be reassigned to the State. the success of the Count) advisory board in monitoring the various areas of concern, and the like. Followi the discussion. it was the consensus of the Board that the proposed resolution, as titled, did not fully address the matter and that a letter to the sponsors of the proposed legislation would suffice in expresRing the Board's opposition, whereupon the Chairman directed the staff to prepare a draft of subject letter for Board review later in the Session. * * * * * ,&OOK 045 rAii~ * * * * * * January 30. 1979 REQUEST FOR AFTER-THE-FACT EXCAVATION PE~1IT FOR EXCAVATION ACTIVITIES CARRIED OUT IN SECTIONS 17 AND 20. T51S, R27E - DENIED (IVAN ECKLER) Utility Director Irving Berzon referred to the Executive Summary re- garding the request by Mr. Ivan Eckler for after-the-fact Excavation Permit for the various excavation activities which have been carried out in Sections 17 and 20, Township 51 South. Range 27 East. He said that the Summary provides a fairly complete background of the particular excavations to be discussed. Mr. Berzon added to the information provided that the Water Management Advisory Board at their last meeting reluctantly recommended that the permits be granted due, in part. to the fact that the matter has "dragged on so long". However, said Mr. Berzon. the WMAB emphatically did not recommend approval for any additional excavation work which Mr. Eckler is requesting. It was Mr. Berzon'~ recommendation that, if the Board acts favorably on the request. that the approval be subject to payment of appropriate permit fees. penalty, and posting of a Performance Bond in the amount of $16.197.50. Commi~sioner Pistor advised the Board of his contacts with Mr. Eckler during which he was told that the petitioner had received permission to dig some small irrigation ponds from the Agricultural Agent and that he could remove all of thp. muck he needed from the land. Howe-fer, said the Commissioner, Mr. lander has denied giving Mr. Eckler this permission. Commissioner Pistor relatec other portions of his discussions with the petitioner. including the fact that he (Commissioner Pistor) physically toured the particular properties and viewed the excavations personally. In summary, he said. reading from various sections of the pertinent ordinance, that the Board cannot legally issue after-the-fact permits, suggesting the possibility that the matter might have to be resolved in the courts. It was observed by both Commissioners Wenzel and Wimer that the B~ard may have issued after-the-fact permits in the past to persons who may have mis- understood the requirements of the ordinance or who may have been unaware of the existence of such ordinance. CommiSSioner Wenzel further recalled that the original reason for such ordinance was for safety reasons with a later considerat being the protection of water-management. ~OOK 045 PA~~336 tlUUII U".i\ol rAut\J""'. . :' '. January 30. 1979 Nr. Ivan Eckler, petitioner. reviewed the past history of the activities on his properties since they were purChased in the late Sixties and his intended use of the land which, he said, was for the purpose of year-round organic farming. He recalled his conversations with staff personnel. noting that he was told, prior to the effective date of the pertinent ordinance. that he could dig irrigation ponds for agriculture but not for lakes. He detailed the excavation work which was necessary to raise the elevation to the proper height, the various persons employed by him to perform this work, the amount of fill taken out, the condition the ponds are in at present regarding side-Slopes, and the like. He noted that when he applied for permits to excavate the remainder of his property, that being two lakes near his residence. he was told he could not continue his activities unt1l permits were received, and, therefore, no additional work has been done since that time - nearly two years ago. Conmissioner Wimer moved that the permit be granted and bond posted to guarantee that "everything will be brought into compliance". The motion died for lack of a second. Commenting that the existing ordinance does not provide for such permits, Commissioner Archer moved, seconded by Commissioner Pistor, that the request for permit be denied. The motion carried 4/1 with Commissioner Wimer voting in oppos it ion. In response to Mr. Eckler's query "What do I do now?", Commissioner Wenzel suggested that nothing futher be done until amendments to the Excavation Ordinance are recommended to the Board, following which Mr. Berzon can advise him as to his further actions. Mr. Berzon brought to the Board's attention the "real" problem which concern~ th~ WMAB, that being their objection to the activity in the location and the manner in which it was being done and which will affect drainage of the property. Suggestions were made to Nr. Eckler, said Mr. Berzon, for alternate methods for draining the property which Mr. Eckler has willfully failed to consider. Respondil . to Commissioner Wimer, Mr. Berzon commented that the WMAB is concerned with both water-management and, also, compliance with the County's ordinance. January 30, 1979 * '* '* * * * * * * '* * '* * * * * RECESS: 10:25 A.M. until 10:35 A.M. * '* '* * * '* * * '* '* '* '* '* '* * * BOARD AUTHORIZES UTILITY DIRECTOR TO PREPARE FEASIBILITY STUDY AND TENTATIVE ASSESSMENT ROLL RE PROPOSED SPECIAL PURPOSE WATER DISTRICT - SAN MARCOS BLVD. Utility Director Irving Berzon reported that a petition has been received signed by nine property owners, along with other interested parties residing on or having an interest in the property, along San Marcos Blvd. requesting that the County make provisions to install and provide central water service to the area. He said that the petition represents 45S of the total of all property owners to be affected which, although not the 50S plus 1 figure provided for in County Ordinance 75-14, there is enough sentiment expressed to further consider the project. Mr. Berzon noted that a number of letters have been received from persons objecting to the proposal. as well, adding that the si tuation i~ nut "clear cut". Responding to Commissioner ~len7el, Mr. Ber;;:ol said that there is an adequate supply of water in the location to take care of the request, and recommended that the matter be looked upon favorably. Concerning cost estimate, Mr. Berzon stated that, based on recent similar projects, it is expected to be between $10.00 and $12.00 per front foot. As requested, Mr. Berzon read the list of names on the petition fOllowing which Mr. Willis Williams expressed concern over the fact that his name was not included since he had signed the petition, and noted that he had not receiVE any notice regarding the discussion of the matter to be undertaken this date. Other possible confusions were noted regarding the petition with Mr. Berzon apologizing fOl' any oversights which may have occurred. ~l~. Mary Zeigler, property owner, informed the Board that, although she had signed the petition for her son, she had not made a telephone call to Mr. Berzon's office expressin~ her son's oppo'sition to the. project, said conversation having been alleged to ha"e been made by her. It was Commissioner Archer's suggestion that the staff be directed to , inquire the landowners,'. 'teel1ngs on the matter since there did appear to be . AODt 045 tul3S8:' eo~' '~fi t~.. January 30. 1979 some contradictions, and to come back to the Board with. standard 'peti~ion \ on the project which should contain the proper percentage of property owners' names. Ms. Shirley Hodge, San Marcos Blvd. resident, voiced her approval of the project, as did Ms. Ethel Mills, also of San Marcos Blvd. Commissioner Archer moved that the Board authorize Mr. Berzon to have a feasibility study done and a tentative assessment roll prepared and brought back to the Board for further action as soon as possible. The motion was seconded by Commissioner Pistor and carried unanimously 5/0. NOTE: Petition not received by Clerk's office. ROUTINE BILLS - APPROVED FOR PAYMENT Following Fiscal Officer Harold Hall's statement that the btlls being presented have been processed following established proecdures and that funds are available, Commissioner Archer moved, seconded by Commissioner Pistor and unanimously carried 5/0, that the bills be approved for payment as witnessed by the following warrants issued frOm January 24, 1979 through January 30, 1979: FUND BCC Pc1yro 11 County Warrants WARRANT NOS. 55916 - 56104 003419 - 003714 BOARD AUTHORIZES PARTIAL PAYMENT OF B.I.A. PACKAGE POLICY RENEWAL OF INSURANCE IN THE AMOUNT OF $100.000; BALANCE DEFERRED PENDING COMPLETION OF FURTHER REVIEW Fiscal Officer Harold Hall called the Board's attention to the statement from Benson Insurance Agency. Inc., in the amount of $130,836.00. covering renewal of Package Policy CPP396225. He said that portions of the statement have not been checked out by the insurance consultant and for this reason he is recommending that the Board approve partial payment of $100,000. and that the remainder of the bill be deferred pending completion of further review to determine exact dollar amount. Commissioner Archer moved, seconded by Commissioner Pistor and carried unanimously 5/0, that the Board authorize partial payment in the amount of ~Inulry 30. 1979 $100,00, for renewal of Package POlicy of insurance with B.I.A., as recommended by Mr. Ha 1 1. Mr. Hall stated that he is preparing a comparison of all changes in the insurance policy in question which will show the costs from last year as compared to the current year. This report. said Mr. Hall. will be brought to the Board in the near future. BUDGET AMENDMENT 79-35 TO APPROPRIATE FUNDS FOR PURCHASE OF CHEMICALS RE AQUATIC WEED PROGRAM - ADOPTED IN THE AMOUNT OF $15.000 Commissioner Archer moved. seconded by Commissioner Pistor and unanimously carried 5/0, that Budget Amendment 79.35 to transfer funds for purchase of chemcials to be used by County spray crews and aerial contract applicators in the Golden Gate area re Aquatic Weed Program. be adopted. ." ." ." - ." ." ." ." ." ." ." * ." * * ." ." ." * ." 0i5 r~340 * ." ." )oolC ." ." . , I ." January 30, 1979 BUDGET AMENDMENT 79-36 AUTHORIZING TRANSFER OF FUNDS FROM CONTINGENCY FUND INTO VETERANS SERVICE BUDGET FOR PURCHASE OF CALCULATOR. ADOPTED IN THE. AMOUNT OF $121 Commissioner Archer moved. seconded by Commissioner Pistor and carried unanimously 5/0, that Budget Amendment 79-36 authorizing transfer of funds from Contingency Fund into Veterans Service office budget for the purchase of a new calculator be adopted in the amount of $121. * * * * * * * * * * * * * * * * * * * * * * * * * * OOO~ 045 mE34Z January 30. 1979 BUDGET AMENDMENT 79-37 TO APPROPRIATE FUNDS TO COVER COST OF SECRETARIAL EXPENSES FOR TEMPORARY SECRETARY IN COUNTY COURT OFFICE (JUDGE HAYES) - ADOPTED IN THE M10UNT OF $1,100 Commissioner Pistor moved. seconded by Commissioner Wenzel and carried unanimously 5/0, that Budget Amendment 79-37 to appropriate funds to cover the cost of secretarial expenses for a temporary secretary in the County Court Office of Judge Hayes be adopted in the amount of $1.100. . * * . . . .- . . . . . . . . .. . . '" . '" '" . . . . . ,oot 0.45' rAcES44- January 30. 1979 FISCAL OFFICER REPORTS ON SUFFICIENCY OF CONSTITUTIONAL OFFICERS' BONDS - COMPLETION OF REPORT PENDING RECEIPT OF ADDITIONAL INFOR~~TION Fiscal Officer Harold Hall stated that at this time of the year the Clerk is directed to report on the sufficiency of bonds for the Constitutional Officers which he said has been done; however, said Mr. Hall. there is one point still to be clarified which has to do with the Fm~:'; requirements for Fidelity Bonds. He said that due to the large amount of money the County has at present, additional clarification is being sought as to how large the bonding should be. That information should be available before the next meeting at which time the report will be completed. said Mr. Hall. PROPOSED POLICY ON ADVERTISING PROPOSED TAX INCREASES SUBSEQUENT TO ADOPTION OF ANNUAL BUDGET - APPROVED Fiscal Officer Harold Hall explained that, due to the large changes in property values and the changing of tax districts last fiscal year, the County ended up with some unusual figures in certified millage submitted from the Property Appraiser. The result was, said Mr. Hall. that the advertisement placed in the newspaper, in accordance with-the Statutes. did not give all of the information that some of the citizens felt was needed. Therefore, he continued, in answer to the Board's request. a policy statement has been prepared which, in his opinion, will answer all of the needs. Following the reading of same by Mr. Hall, Commissioner Archer moved, seconded by Commissioner Wimer and unanimously carried 5/0, that the following "Policy for Advertising Proposed Tax Increases when required Following Adoption of Proposed Annual Budget" be adopted: "" "" "" "" "" "" "" "" "" 8DO~ 045' fA::~'S46 * "" * January 30. 1979 CETA COST ALLOCATION PLAN FOR PERIOD 10/2/77 - 9/30/78 - APPROVED Following brief explanation of same by Fiscal Officer Harold Hall, Commissioner Pistor moved, seconded by Commissioner Wenzel and unanimously carried 5/0, that the Central Service Cost Allocation Plan developed for CETA Grants covering the time period of October 2, 1977 to September 30. 1978, be approved for the Chairman's signature and submitted to the Office of Manpower Planning, Tallahassee, Florida. . . ." ." ." .- .. ." ." ." .. ." .. ." ." * .. ." * * ." ." .. ." .. ." ." MOl( 045 rASE348 January 30. 1979 BOARD DIRECTS THE MAILING OF NOTICES TO WILLOUGHBY ACRES PROPERTY OWNERS ADVISING THEM OF PUBLIC HEARING FEBRUARY 13, 1979. AND TENTATIVE ASSESS- MENT, RE WILLOUGHBY ACRES WATER/SEWER DISTRICT Commissioner Wimer noted that he has been made aware of the fact that the property owners to be affected by the establishment of the Willoughby Acres Water/Sewer District will not be receiving individual letters regarding tentative assessments. He said that this is not consistent with previous policy and requested that the Clerk be directed to send such letters to people to be assessed in order that they may be made aware of the matter in this manner rather than to read the notice of public hearing to be printed in the newspaper. Following brief discussion, Commissioner Wimer moved. seconded by Commissioner Wenzel and unanimously carried 5/0. that individual letters be sent to the appropri a te property O\vners advi sing them of the publi c hearing to be held February 13, 1979. and their tentative assessment with regard to the Willoughby Acres Water/Sewer District. BOARD AUTHORIZES REDUCTION OF MEMBERSHIP ON GOLDEN GATE FIRE CONTROL DISTRICT ADVISORY BOARD TO THREE MEMBERS, NAMELY THOSE PERSONS SERVING UNEXPIRED TERMS _ MESSRS. CLIFFORD DOADES, CLAUDE MILLER, AND ROLAND SANNER Following brief review of the current membership on the Golden Gate Fire Control District Advisory Board. Commissioner Archer moved that membership on the Advisory Board be reduced to three members. as permitted under Section 5 of Ordinance 74-3 which created the Golden Gate Fire Control District, as amended by Ordinance 78-17, and that said membership consist of those three members currently serving unexpired terms - namely, Messrs. Clifford Doades, Claude I~iller, and Roland Sanner. The motion was seconded by Commissioner Wimer and carried unanimously 5/0. ~lESSRS, RAYMOND LINK, AND MIKE TAYLOR REAPPOINTED TO FOUR-YEAR TERMS ON ENVIRONMENTAL ADVISORY COUNCIL Commissioner Archer moved that the Board endorse the recommendation of staff and approve the reappointment of Messrs. Raymond Link and Mike Taylor to additional four-year terms on the Environmental Advisory Council. The motion was seconded by Commissioner Pistor and carried unanimously 5/0. noCK 045 p~t378 ~O~~m January 30, 1979 Brief discussion followed concerning the fact that the advisory boards should have a representative from each Commission District. if possible. MESSRS. ALEX GARLAND, JAMES SPADE, AND ROBERT TOWLE REAPPOINTED TO FOUR-YEAR TERMS ON THE BOARD OF BUILDING ADJUSTMENTS AND APPEALS Conmissioner Archer moved to accept the recommendation of staff that ~'essrs. Alex Garland, James Spade. and Robert Towle be reappointed to four-year terms on the Board of Building Adjustments and Appeals. The motion was seconded by Commissioner Wimer and unanimously carried 5/0. MESSRS. JOHN C. HATTOX, REED COLEMAN, AND JOSEPH PODESTA REAPPOINTED TO TWO-YEAR TERMS ON THE ISLES OF CAPRI FIRE CONTROL DISTRICT ADVISORY BOARD - TERMS TO EXPIRE DECEMBER 31, 19BO Commissioner Pistor moved that the Board accept the staff recoRr.lendation that Messrs. John C. Hattox, Reed Coleman, and Joseph Podesta be reappointed to two-year terms, expiring December 31. 1980, on the Isles of Capri Fire Control District Advisory Board. The motion was seconded by Commissioner Archer and carried 5/0. BOARD ~~KES FOLLOWING APPOINTMENTS AND REAPPOINTMENTS TO THE LIBRARY ADVISORY BOARD: ~'RS. JAN PARKER REAPPOINTED TO FOUR-YEAR TERM; MRS. MAY SHEEHAN. PRESENT ALTERNATE MEMBER, APP0INTED TO FOUR-YEAR TERM; AND. DR. JOHN M. EKLUND APPOINTED ALTERNATE MEMBER Commissioner Pistor moved to accept the recommendation of staff that Mrs. Jan Parker be re~ppointed to a four-year term. that Mrs. May Sheehan, present Alternate Member. be appointed to a four-year term. and that Or. John M. Eklund be appointed Alternate Member, on the Library Advisory Board. MESSRS. KENNETH A. CAVENAH. DUDLEY GOODLETTE. AND DAVID K. JOHNSON REAPPOINTED TO TWO-YEAR TERMS ON THE PARKS & RECREATION ADVISORY BOARD - SAID TERMS TO EXPIRE DECEMBER 31, 1980 Commissioner Pistor moved that the Board follow the staff recommendation and that of the Chairman of subject advisory board. that Messrs. Kenneth A. Cavenah. Dudley Goodlette, and David K. Johnson be reappointed to two-year terms on the Parks & Recreation Advisory Board. said terms to expire December 31, 1980. The motion was seconded by Commissioner Wimer and unanimously carried 5/0. January 30. 1979 PETITION BY PROPERTY OWNERS OF GOODLAND REQUESTING INCLUSION IN A FIRE PROTECTION DISTRICT - ACCEPTED; ADVERTISING AUTHORIZED FOR PUBLIC HEARING MARCH 6, 1979 RE PROPOSED ORDINANCE TO CREATE SUBJECT DISTRICT Commissioner Pistor stated that through In unfortunate error in legally describing the Marco Island Fire District a portion of the Island was not included in the District, the largest portion of the omission being Goodland. He submitted to the Clerk a petition from the majority of the property owners in Goodland requesting to be included in a fire protection district. Following his reading of the caption on the petition. Commissioner Pistor moved, seconded by Commissioner Wenzel, that advertising be authorized for a public hearing on March 6, 1979 on the proposed formation of a special taxing district for fire control in Goodland. Commissioner Pistor noted that the district formed will be a dependent district and that a contract will have to be entered into with the Marco Island District Commission which he has been assured will pose no problem. He further stated that the matter was to be presented to the Legislative Delegation for resolution but. due to the violent objections of one Marco Island citizen of having Goodland made u part of the District~ the Collier County Representative has requested that the proposed district be formed on a one-or-two-year basis, and that, in the meantime, the legal description can be corrected by legislation The matter of a special meeting of the Legislative Delegation was discussed whic Comissioner Pistor suggested may not be possible, noting that in any event it could not take place as quickly as the Board could establish the district on a temporary basis and the taxes levied to fund the district. He said that arrangements have been made by the Property Appraiser to include the district in the November tax levy - 1979. Upon call for the question the motion carried unanimously 5/0. County Manager Norman brought to the Board's attention an error on the map of the subject area which was attached to the agenda material. noting that the range number on the righthand side of the map should read "Range 27" - not "Rans 25". MDK 045 tA;f 380 ~O~K O.t5 n.~E 381 January 30. 1979 It was suggested by Commissioner Wimer that Represent~tive Mary Ellen Hawkins be invited to attend the public hearing with Commissioner Pistor stating that he would inquire if she would be available. OER BILOGICAL ASSESSMENT. FILE '11-13753-5E. FOR SEAWALL. UN-NAMED CANAL, ISLES OF CAPRI, RE JOHN W. BARTLEY, READ INTO THE RECORD AND PROJECT APPROVED; CERTIFIED COPY OF BOARD ACTION TO BE FORWARDED TO DER LOCAL OFFICE As required in the provisions of Section 253.124. Florida Statutes. Environmental Consultant. Dr. Jay Harmic. read:into .the Record the fOllowing Biological Assessment - DER File '11-13753-5E - for construction of a seawall, on an unnamed canal. on the Isles of Capri. by John W. Bartley: * * * * * * * * * * * * * * * * * * * * * * * * MOl( 045 ~~E 383 January 30, 1979 Dr. Harmic stated that since the proposed construction is the continuation of an existing seawall of the same type, with minimal destruction of vegetation, he would recommend approval of the application for forwarding to the DER office in Punta Gorda, Florida. Following brief discussion regarding the necessity of reading these assess- ments during the meeting of the Board of County Commissioners as opposed to the Environmental Advisory Council. Commissioner Wenzel moved that the project be approved and that certification of Board action be forwarded to the Department of Environmental Regulation. The motion was seconded by Commissioner Pistor and carried unanimously 5/0. BOARD APPROVES CASH SETTLEMENT IN THE AMOUNT OF $4,212. AS OFFERED BY INSURANCE ADJUSTER AS REIMBURSE~'ENT FOR DEMOLISHMENT OF COUNTY VEHICLE NO. 5396. AND AS RECOMMENDED BY STAFF Commissioner Wenzel moved to follow the recommendation of the Utility Director and accept cash settlement in the amount of $4.212. as offered by the insurance adjuster as reimbursement for demolishment of County Vehicle No. 5396, provided that such settlement does not preclude the County from being eleigible for other possible compensation. Commissioner P1stor seconded the motion which carried unanimously 5/0. Commissioner Archer advised against Signing a release until the matter of other compensation has been resolved. CERTIFICATE FOR CORRECTION ON 1978 TAX ROLL - APPROVED FOR CHAIRMAN'S SIGNATURE Commissioner Archer moved. seconded by Commissioner Pistor and carried unanimously 5/0, that Certificate for Correction on the 1978 Tax Roll - Tangible Personal Property, No. 40-1978 dated January 25. 1979, be approved for Chairman's signature. MEDICAL LEAVE OF ABSENCE RE ROAD & BRIDGE DEPARTMENT EMPLOYEE HENRY L. ALBRIGHT FROM JANUARY 22 THROUGH FEBRUARY 22. 1979 - APPROVED Commissioner Archer moved, seconded by Commissioner P1stor and carried unanimously 5/0. that the Leave of Absence, for medical reasons, requested by January 30, 1979 Road & Bridge Department employee Henry L. Albright. from January 22 through February 22. 1979, be approved, as recommended by staff. CHAIRMAN AUTHORIZED TO SIGN PERSONNEL ASSISTANCE REQUEST FORM TO BE SUBMITTED TO STATE DEPARTMENT OF COr~UNITY AFFAIRS, DIVISION OF TECHNICAL AFFAIRS Administrative Aide to the Board Mary Morgan explained that the Chairman is being requested to sign Personnel Assistance Request Form, provided by 1 the State of Florida. Department of Community Affairs, Division of Technical. Assistance. for aid in the revisIon and updating of the County's classification and pay plan. In response to Commissioner Wimer, it was pointed out that the Personnel Director and staff will be performing the work involved. with guidance from the State. Commissioner Pistor moved, seconded by Commissioner Wenzel and carried 4/1 with Commissioner Wimer voting in opposition to the motion, that the Chairman be authorized to sign the aforementioned form. COUNTY ENGINEER AUTHORIZED TO PR~PARE RESPONSE FOR CHAIRMAN'S SIGNATURE TO FDOT LETTER DATED JANUARY 25. 1979 RE OFF-SYSTEM BRIDGE REHABILITATION AND REPLACENENT FUNDS - Commissioner Wenzel moved, seconded by Commissioner Pistor and unanimously carried 5/0, that the County Engineer be authorized to prepare a response, for the Chairman's signature, to the Flot'ida Department of Transportation letter dated January 25. 1979 regarding Off-System Bridge Rehabilitation and Replace- ment Funds. LAKE TRAFFORD MEMORIAL GARDENS CEMETERY CERTIFICATE DEED NO. 184 - RECORDED AND FILED FOR THE RECORD Pursuant to action of the Board January 10, 1978 wherein the Chairman was authorized to sign various deeds to Lake Trafford Memorial Gardens Cemetery lots as the need arises, the following Deed No. 184 was recorded and filed for the record: * * 8DDK 045 fA&E 384 * * * * * * * * January 30. 1979 26. Notice dated January 10, 1979 from Robert Bruce. Director of Advertising, News-Press, regarding special Edison Pageant of Light Edition of paper scheduled for February 20. 1979 - filed. 27. Letter dated January 18, 1979 from Ms. Maeve H. Foster, Executive Director, Area Agency on ^ging, transmitting copy of the First Quarter Monitoring Report for Homemaker Service of Collier County _ fll ed. 28. Copy of letter dated January 18. 1979 from Director. and Supervisor, Homemakers Service of Collier County, to Director. Area Agency on Aging, transmitting request for payment of funds for the month of March, 1979 - filed. 29. Letter dated January 25, 1979 from Guion T. DeLoach, Attorney, regarding a request for appeal of the decision made by the Contractors Licensing Board on 1/18/79 in the case of Donald W. Polen d/b/a Florida Home Insulators - xc to County Attorney, and to Building Administrator for scheduling before the BCC - filed. 30. Lee County Electric Cooperative, Inc. monthly reports for December, 1978 re Immokalee and Marco Island Lighting Districts - xc to County Engineer; and filed. . . . . . . . . . . . .. .. . . . . RECESS: 11:25 A.M. to reconvene in CONFERENCE SESSION immediately thereafter with Deputy Clerk Pantano present. Reconv~ned in Regular Session at 3:35 P.M. . . .. . . . . .. . .. .. . .. . . . . CHAIRMAN AUTHORIZED TO SIGN LETTER TO SENATOR DUNN OPPOSING TRANSFER OF RESPDNSIBILITY OF INSPECTION OF FOOD SERVICE ESTABLISHMENTS Commissionp.r Wimer moved, seconded by Commissioner Pistor and carried unanimously 5/0, that the Chairman be authorized to sign a letter to Senator Edward Dunn as well as the legislative delegation opposing the transfer of responsibility of inspection of food service establishments from the County Health Departments to Hotel and Restaurant Commission. WILLIAM R. HOlJGH & CO. APPROVED AS FINANCIAL CONSULTANT FOR APPRAISAL OF MARCO ISLAND UTILITY SYSTEM FOR POSSIBLE PURCHASE BY THE BOARD Commissioner Archer moved that the Utility Director be authorized to contact one of the four financial consultant firms previously interviewed by the Board to immediately begin a financial feasibility study and prepare costs estimate for the possible purchase of the Marco Island Utility System by the Board. In response to Utility Director Berzon's inqUiry as to the urgency, Commissioner Archer stressed the fact that a matter has recently BOOK 045 tA~t38'8 eO,OK 045 M'f 389 January 30. 1979 come up which requires the fastest possible decision from the Board whether or not they want to purchase the system. .The motion died for lack of a second. Commissioner Wimer made a motion to the effect of terminating the Utility Director's employment as he is not happy with the Job he is performing. The motion died for lack of a second. Mr. Berzon commented that the study being done by Stanley Hole and Assoc. will determine the revenue ability and the pOSSibility of the system supporting a bond issue and that only when the report is completed will the financial consultant be necessary. Commissioner Wenzel moved, seconded by Commissioner Archer, that the Board approve the selection of William R. Hough & Co. to be used as financial consultant if and when needed on the Marco Island Utility System project. Commissioner Archer commented that the firm will not charge the Board for preparing the feaSibility study and arriVing at an approximate cost estimate for the purchase. Commissioners Pistor and Wimer-stated they did not see the urgency in the matter and preferred holding off on the selection. County Attorney Pickworth commented that one of the other firm's representative also interviewed had stated to him they did not see the need for the Board needing a financial consultant at this stage of the project. Upon call for the question the motion carried 3/2 with Commissioners Pistor and Wimer dissenting. Con~1ssioner Wimer again moved to terminate the employment of the Utility Director stating that he does not feel Mr. Berzon has been performing satis- factory work. The motion died for lack of a second. PURCHASING DIRECTOR AUTHORIZED TO PURCHASE USED VEHICLE COMPARABLE IN AGE AND CONDITION OF COUNTY VEHICLE NO. 5396/UTILITY DIVISION DEMOLISHED IN ACCIDENT OF JANUARY 8, 1979 Per the Utility Director's recommendation, Commissioner Wimer moved, seconded by Commissioner Pistor and carried unanimously 5/0, that the Purchasing Director be authorized to purchase a used vehicle in-lieu-of a new one comparable January 30, 1979 in age and condition of County Vehicle No. 5396/Utility Division which was demolished in an accident on January S. 1979. BOARD APPROVES POLICY WHr~EBY THE CHAI~~N OF THE BOARD SHALL SERVE FOR A PERIOD OF ONE YEAR; CHAI~~N BROWN TO RETAIN CHAIRMANSHIP UNTIL NOVEMBER 20. 1979 Commenting that problems have arisen concerning the fact that the Chairman of the Board changes sometimes in the midst of the Budet preparation. Commissioner Pistor moved, seconded by Commissioner Archer, that Chairman Rrown, if willing, retain his chairmanship until November 20, 1979 and thereafter the Chairman will serve for a period of one year rather than the present policy of serving for six months. Motion carried unanimously 5/0. * * * * * * * * * * * * * * * * There being no further business for the good of the County, the meeting was adjourned by order of the Chair - Time: 3:50 P.M. BOARD OF COUNTY COMMISSIONERS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL ~~~ ATTEST: WIllIAM J. REAGAN, CLERK ~ '\~'~ . JLlA " ,\ .' .. ... C"'.. ,".. 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