BCC Minutes 05/01/1979 R
Haples. Florida. May 1. 1979
LET IT BE REHEHBERED, 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.H. in Regular Session
in Building "F" of the Courthouse Compl.x 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; Debbie Pantano, Deputy Clerk; C. William NOMman, County
Manager; Donald A. Pickworth. County Attorney; Clifford Barksdale, County
Engineer; Dr. Neno Spagna. Community Development Administrator; Carl Clemmer.
Zoning Director; Irving Berzon. Utility Director; Mary Horgan. Administrative
Aide to the Board; and Deputy Chief Raymond Barnett, Sheriff's Department.
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BOARD OF COUNTY COMMISSIONERS
FINAL AGENDA
May 1, 1979
NOTICE: ALL PERSONS SPEAKING ON ANY AGENDA ITEM MUST
REGISTER PRIOR TO THE ITEM BEING HEARD.
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH
ARE NOT ON THIS AGENDA MUST BE SUBMITTED. TO THE
COUNTY MANAGER AT LEAST ONE WEEK PRIOR TO THE DATE
OF THE MEETING AND WILL BE HEARD UNDER .PUBLIC
PETITIONS" AT 11:00 A.M. .
1. INVOCATION
2. ~ OF ALLEGIANCE
3. . APPROVAL OF AGENDA
4. APPROVAL OF MINUTES:
April 17, 1979
eoo~ 046 I'A~ 400
aOOK 046 PAGE 403
May 1. 1979
FINAL AGENDA APPROVED WITH ADD1rIONS/DELETIONS
Per request of the County Manager. the following items were delet~d from
the Agenda:
Item 10C1 regarding Marco Island Toll Plaza Building
Item 12A1 regarding Willoughby Acre. water and sewer improvements.
The County Manager also requested that Item 10Fl regarding quotations for
purchase of lumber for bleacher seats be added to the agenda.
Per the County Attorney's request an item under "Correspondence" regarding
discussion of Laborer's International Union be added as well as a discussion
regarding comments made to the Federal Trade Conmission to be added under "Board
of County Commissioners Report".
Commissioner Pistor moved, seconded by Commissioner Archer and carried
unanimously 5/0. that the final agenda be approved with the additions and deletit
as mentioned above.
MINUTES OF APRIL 17. 1979 - APPROVED
Commissioner Pistor moved, seconded by Commissioner Wenzel and carried
unanimously 5/0, that the minutes of April 17. 1979 be approved as presented.
PROCLAMATION DESIGNATING MAY. 1979 AS "OLDER AMERICANS MONTH II - ADOPTEO
FOllowing Commissioner Archer's reading of a Proclamation designating May.
1979 as "Older Americans Month" he moved that said Proclamation be adopted. Com-
missioner Wenzel seconded the motion and it carried unanimously 5/0.
Chainman Brown presented Mrs. Kay Steigerwald. Co-President of Council on
Aging and Mrs. Mary Cameron, Silver Haired Legislation. with the Proclamation.
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MO~ 04.6 p~cE4a5
ORDINANCE 79-28 REGARDING PETITION IZ-79-1-I. IMHOKALEE AREA PLANNING COMMISSION
REQUESTING AMENDMENT TO ORDINANCE 7'-15 8Y ADDING SECTION XIII - ADOPTED
Legal notice having been publiShed in the Immokale. Bulletin on March 29. 1979
as evidenced by Affidavit of Publication filed with the Clerk. public hearing was
May 1. 1979
opened to consider Petition IZ-79-l-I by the Immokalee Area Planning Commission
requesting an amendment to Ordinance 74-15. the Immokalee Area Zoning Ordinance.
Mr. Carl Clenrner,' Zoning Director, explained that it is requested that Section
XIII be added to Ordinance No. 74-15. He noted that the section is in reference to
Administrat.ive and Enforcement procedures and it is believed that the section will
strengthen the present ordinance. Mr. Clemmer also noted that the Immokalee Area
Planning Commission has recommended this petitfon be approved and the staff concurs
with this recommendation.
There being no persons registered to speak. Commissioner Wenzel moved. seconded
by Commissioner Pistor and carried unanimously 5/0, that the public hearing be closec
Commissioner Wenzel moved, seconded by Commfssioner Pistor and carried
unanin~usly 5/0) that the or~inance as numbered and titled below regarding Petition
[Z-79-1-[ be adopted and entered into Ordinance Book No.9.
ORDINANCE NO. 79-l!-
AN ORDINANCE AMENDING ORDINANCE NO. 74-15 AMENDING THE
ZOnING ORDINANCE FOR THE IMMOY.ALEE AREA PLANNING DISTRICT
BY ADDING SECTION XIII ADMINISTRATION AND ENPORCEMENT
AND PROVIDING AN EFFECTIVE DATEI
STATUS REPORT OF CONTRACT COMPLIANCE RE 77-78 OPINION AUDIT OF AMERICAN AMBULANCE
PROVIDED BY COUNTY MANAGER AND CLERK
County Manager Norman stated that the financial statement that had been prepared
by American Ambulance's auditors does not come up to the standards of the required
"Opinion Audit". notin9 that certain accrual financial information is necessary to
complete the contract compliance audit.
Mr. William Reagan. Clerk of Courts. stated that he has spoken to Jack Maguire,
President of American Ambulance, and has told him that he will be requesting certain
information from him necessary to complete the audit as the one that has been present
is of no value to the Clerk's office or to the County Manager. He noted that as long
as Mr. Maguire complies in providing the fonmally requested information. there should
be no problem in completing the audit.
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May 1, 1979
BOARD APPROVES RECORDATION OF FINAL PLAT AND PRELIMINARY ACCEPTANCE OF IMPERIAL
GOLF ESTATES. PHASE I UPON RECEIPT OF SECURITY ITEMS AND SUBJECT TO COUNTY
ATTORNEY'S REVIEW-
County Engineer Clifford Barksdale explained th.tth~'Board previously
approved the construction drawings and final plat of Imperial Golf Estates,
Phase I, but had not yet approved said plat for recordation. He further explained
that the developer has furnished a Letter of Credit cov.ring uncompleted work
in the amount of $3,500 as well as a Securi~ and Maintenance Agreement to
cover one year maintenance in the amount of 10S of construction cost of the
utilities being dedicated in the amount of $39.097.18.
Commissioner Archer moved. seconded by Commissioner Wenzel, that the
Board approve the preliminary acceptance of Imperial Golf Estates, Phase I.
along with the approval for recordation of plat. upon receipt of the two security
items as mentioned above subject to the County Attorney'. review. The motion
carried unanimously 5/0.
*Plat Book ~ Page. 61~64.
BOOK 046 rAGE 406
BeOK 046 PAGE 4.07
Hay 1. 1979
VINCENT DOERR APPOINTED ACTING FI~: CHIEF FOR THE OCHOPEE DISTRICT
County Manager Norman explained that he is recommending Mr. Vincent Doerr be
appointed as "Acting" Fire Chief for the Ochopee Fir. District until such time as
Mr. Doerr meets the requirements necessary to be considered permanent Fire Chief.
Mr. Norman further explained the deficiencies in Mr. Doerr's qualifications for
Fire Chief are as follows: He does not have the required five years experience
as a firefighter, one year in a supervisory capaci~ and he is not certified as an
Emergency Medical Technician by the State of Florida. Mr. Norman indicated that
Mr. Doerr intends to enroll in the required course to achieve EMT status by the
end of 1979; and, by February 2. 1980 he will have substantially completed his year~
of experience requirement at which time he would be completely qualified to be
appointed as permanent Fire Chief.
Commissioner Wenzel moved, seconded by Commissioner Pistor. that Mr. Doerr
be appointed as "Acting" Fire Chief until such time as he completes the necessary
qualification~ to be~ome appointed as permanent Fire Chief.
Upon call for the question the motion carried unanimously 5/0.
In response to Commissioner Wimer, Mr. Doerr explained that the reason a
CETA personnel will move into his previous job rather than a volunteer is that the
CETA man is already qualified for such a position. having taken the required courses
and so forth whereas the volunteer is not qualified to take on a paid position.
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RECESS: 9:27 A.M. until 9:35 A.M.
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BOARD IS PRESENTED CERTIFICATE OF APPRECIATION FROM MS. DENISE COLEMAN FOR THEIR
ASSISTANCE IN INITIATING THE TRI-COUNTY NUTRITION PROGRAM
Ms. Denise Coleman presented the Board with I Certificate of Appreciation for
their assistance in initiating the Tri-County Nutrition Program for the elderly of
Collier. Hendry and Glades Counties. She explained that the program is providing
approximately 250 meals daily for elderly people in the above-mentioned counties.
May 1. 1919
BOARD GRANTS PRELIMINARY CONSIDERATION FOR COUNTY FUNDING OF THE PROJECT
DIRECTOR'S SALARY FOR NAPLES WIL~ERNESS ALTERNATIVE P~OGRAH FOR FY 79-80
Mr. Alan Stroud, Project Director of the Haples Wilderness Alternative Progr
submitted to the Clerk for the record letters from various individuals (school
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board officials, HRS officials, etc.,) expressing support of the program. He
then briefly outlined the purpose of the program as well as explaining the Outwar.
Bound project which provides a motivating force to youths having difficulty with
the law. Mr. Stroud explained that up to the present time the program has been
funded with LEAA funds as well as community donations and requested that the
Board consider the pOSSibility of the County funding the Director's salary for
FY 79-80 and thereafter, as well as a possible additional $4,000 to supplement
local contributions for tuitions to Outward Bound courses due to the fact that LEi
funds are being awarded on a lesser basis this year; however, he conmented that
the pre-application has been accepted for the project.
Deputy Chief Raymond Barnett commented that the LEAA agency usually always
accepts and approves of the Wilderness Alternativ~ and Outward Bound programs.
Judge Thomas Trettis commented that he plans to have the County reimbursed fc
any funds they may contribute. In response to Commissioner Wenzel's concern. Judg
Trettis stated that one of the goals of the program is to motivate the juvenile
into a job or trade school.
Commissioner Pistor moved, seconded by Commissioner Archer and carried
unanimously 5/0, that the Board grant preliminary consideration for County funding
of the Project Director's salary in the amount of $13,000 for the Naples Wildernes
Alternative Program.
BOARD APPROVES APPLICATION FOR SUMMER YOUTH EMPLOYMENT PROGRAM AND "PRIORITY
WORKSITE LIST" AS RECOI+1ENDED BY CErA DIRECTOR
CErA Director James Meerpohl explained that the propo~ed Summer Youth Employ-
ment Program will employ approximately 85-90 youths between the ages of 14 to 21
for a ten week program at the minimum wage. In response to Commissioner Wenzel's
concern that there have been complaints of lack of supervision of the youths in
previous years. Mr. Meerpohl explained that this year h. will be in charge of the
&OOK 046 PAGE 408
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&0 OK 04.6 PAGE 409 May f~ ,,1979 .
.\~' \', j:;~J:~' :,'::.:~~~~;~{f~:::i('i:, "
program and there will be one s~pervisor for ever.r,six fouths employed. He
noted that certain private and public non-profit agencies listed on the "Priori~
,;' , , __ '.' f ~',",' '
Worksite List" provided to the Board have agreed.to p~ovide structured and super.
vised worksites for the youths.
After a brief discussion, Commissioner Archer moved. seconded by Commission.
Wenzel and carried unanimously 5/0. that the Board approve the application for
Summer Youth Employment Program as well as the "Priority Worksite List" as
recommended by the CETA Director.
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, May 1. 1979
CHAIRMAN AUTHORIZED TO SIGN CETA GRANT MODIFICATIONS AS OUTLINED BY CETA
pIRECTOR
CElA Director James Heerpohl explained that the Balance of State Prfme
Sponsor has requested that current fiscal year CETA contracts be modified to
comply with the requirements imposed by the Department of labor's Regulation
changes.
Commfssioner Wenzel moved, seconded by Commissioner Archer and carried
unanimously 5/0. that the Chairman be authorfzed to Sign CETA Grant Modifi-
cations as outlined by the CElA Dfrector.
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BOOK 046 PACt 4.12
BOOK 046 PACE427
May 1. 1979
PARKS AND RECREATION DEPARTME~I' AUTHORIZED TO CHARGE A USER'S FEE RE BALLFIELD
LIGHTS FOR PRACTICE .
County Manager Norman noted the fact that the various ball fields in the Cou
are being very heavily used at this time and that it could result in an overrun
the utilities budget for the lighting systems. He stated the Parks and Recreati
Director is recommending that I User's Fee of $5.00 per hour be charged to teams
uSing the various fields.
Commissioner Wimer movedt seconded by Commissioner Wenzel and carried
unanimously 5/0. that the Board authorize a user's fee to be charged for the
ballfield lights.
RESOLUTION 79-65 INCORPORATING GOLDEN GATE ESTATES REDEVELOPMENT AREA PRESENTLY
LOCATED IN THE IHMOKALEE AREA PLANNING DISTRICT INTO THE COASTAL AREA PLANNING
DISTRICT - ADOPTED
County Manager Nenman stated that Dr. Neno Spagna. Community Development
Administrator. has prepared a report outlining the exact area of the Immokalee
Area Planning District that should be incorporated into the Coastal Area Plannin!
District, said area being directly affected by the redevelopment program for
Golden Gate Estates.
Commissioner Wenzel moved. seconded by Commissioner Pistor, that Resolution
79-65 incorporating the Golden Gate Estates Redevelopment Area presently located
in the Immekalee Area Planning District into the Coastal Area Planning District
be adopted. The motion carried 4/1 with Commissioner Brown dissenting.
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May 1. 1979
BID 1353 FOR STEEL BLEACHER FRAH~S AWARDED TO MIRACLE RECREATION EQUIPMENT
COMPANY IN THE AMOUNT OF $2.184. .0
Legal notice having been publiShed in the Naples Daily Hews on March 13 and
15. 1979 as evidenced by Affidavit of Publication filed with the Clerk, Purchasinl
Agent Frank Wilcox advised that bids were received until Wednesday, April 4. 1979
on Bid 1353 for furniShing and delivering a steel bleacher frame for the Parks
& Recreation Department. He noted that the low vendor is Miracle Recreation
Equipment Company in the amount of $2.184.00 which specifies galvanized steel.
Commissioner Archer moved, seconded by Commissfoner Wenzel and carried
. unanimously 5/0. that Bid 1353 be awarded to the above-mentioned firm as
contained in the recommendation of the Bid Review Committee letter dated April
19. 1979 and that the Chairman and the Clerk be authorized to sign and attest
the resulting Agreement.
BOARD WAIVES BID REQUIREMENT FOR PURCHASE OF LUMBER FOR BLEACHER SEATS AND
AUTHORIZES PURCHASE FROM NAPLES LUMBER AND SUPPLY COMPANY IN THE AMOUNT OF
$2.496.00 _,_
Purchasing Agent Frank Wilcox advised that in addition to the steel frames
just authorized it is necessary to purchase wooden planks. He stated
the written quotation procedure was used in lieu of the sealed bid process as
the specifications were very simple and did not require I long bid document. also.
with the unstable price market in the lumber industry, obtaining a firm bid
for more than a two week period was difficult. Hr. Wilcox further stated that
quotations were receivLd from six local vendors and he recommended that the
contract be awarded to the low vendor. Naples Lumber & Supply, in the amount
of $2,496.00.
Commissioner Wenzel moved, seconded by Commissioner Archer and carried
unanimously 5/0. that the Board waive the bid process for the purchase of 240
pieces of lumber and to authorize the purchase from Haples Lumber and Supply
Company in the amount of $2.496.00
BOOK 046 PAGF430
aOOK 046 PACE 431
BOARD WAIVES LEGAL NOTICE REQUIREMENT AND AUTHORIZES PURCHASE OF THREE
CHEVETTE SCOOTER SEDANS AT TOTAL COST OF $11,428.38 FOR BUILDING INSPECTION
DEPARTMENT
Purchasing Agent Frank Wilcox stated that it is necessary to purchase three
econ~ type vehicles for use by new personnel being hired for the BUilding
Inspection Department and requested that the Board waive the legal notice requir
in order to expeditio~sly acquire the vehicles. H. further stated that nine
local dealers were mailed bids with specification, five of whiCh participated
in the quotations.
Commissioner Wenzel moved. seconded by Commissioner Pistor and carried
unanimouSly 5/0, that the legal notice requirement be waived as requested.
In response to Commissioner Wimer. Mr. Wilcox explained his recommendation
for the purchase of three Chevette Scooter Sedans was based sole~ on the fact
that they were the lowest-priced vehicle. Commissioner Wimer commented that
he feels that a more rugged type vehicle should be selected in order to obtain a
longer-lasting vehicle with a greater trade-in-value.
Commissioner Wenzel moved, seconded by Commissioner Pistor, that the
recommendation of the Purchasing Agent to award the bid to Bob Taylor Chevrolet
for three Chevette Scooter Sedans at I total cost of $11.428.38 be approved.
After a b~ief discussion the motion carried 4/1 with Commissioner Wimer
dissenting.
ROUTINE BILLS - APPROVED FOR PAYMENT
Following Fiscal Officer Harold Hall's statement that the bills being
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presented have been processed following established procedures and that funds
are available. Commissioner Wenzel moved. seconded by Commissioner Pistor and
carried unanimously 5/0, that the bills be approved for payment as witnessed
by the following warrants issued from April 25. 1979 through Hay 1. 1979:
FUND
County Warrants
Bee Payroll
General Fund
Road & Bridge #2
Interest & Sinking
Golden Gate Const.
Golden Gate I & S
Collier County Fire District
WARRANT NOS.
006353 - 006526
59852 - 60290
27 - 28
18 - 19
11
1
5
6
'~':i;';,it;!j:, ",';
. Ma.v I.J970
',;.,:. .;:..:i:,,;,;~~!;;,p:.~;. '
f1!.tjQ,
Immokalee Water/Sewer
Special MST Districts
Collier County Lighting
Marco Water/Sewer
Victoria Park Drainage
Aquatic Weed
CETA
Water Management
Sewer District "AM Assessments
Special Road Assessments
Collier County Water/Sewer Utility Division
Municipal Service Taxing District
Grants & Gifts
County Water Supply
Intragovernmental Services
Systems Development Clearing
! . WARRAIfr 'NOS.
. '-~' ':'1-,'1
! " 5
. 6
'3
1
6
12
11
7
8
3
13 - 14
10
5 - 6
7
14 - 15
MEMO BUDGET AMENDMENT 79-84 INVOLVING TRANSFER OF FUNDS FOR PURCHASE OF CLEANING
SUPPLIES RE OCHOPEE FIRE CONTROL - NO ACTION HECESSARY
Fiscal Officer Harold Hall noted that Ochopee Fire District is requesting a
transfer of funds from Miscellaneous Supplies to Institutional Supplies for the
purchase of cleaning supplies for the remainder of the year in the amount of
$300. He al~o noted that ~oard action is not required on this matter.
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048 PACE 432 * *
800K *
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''''i,.,',.May.l.,:U7~.... .
",',", ,,'-'\" ,'";,,:,,,,-, ',:.t',' .......i,.'
. ., !'':'i~h';(';';~-t.lj~N.;. $.
BUDGET AMENDMENT 79-82 INVOLVIN~ TRAHSFER'OF~FlhfDtJ.TO~:~&VERrHCREASED COST
OF CONTRACTED SERVICES RE BUILDL'IG MAINTENANCE '.iADoPTED IN THE AMOUNT OF
$9 000 . ....'... . .
I ',1,'- " ,
Comnissfoner Wenzel moved. seconded by Commissioner Pistor and carried
unanimously 5/0, that BUdget Amendment 79.82 transi.rrr1ng funds from salaries
I ~ . -;. -. " I
account to contracted services in reference to BUilding Maintenance be adopted
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in the amount of $9.000.
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~OOK 046 PACE 434'
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., May 1;' 1979
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BUDGET AMENDMENT 79-83 INVOLVING ~RANSFER BETWEEN DEPARTMENT BUDGETS TRANSFERRING
SECOND GAS TAX FUND EXPENDITURES '/NDER SECONDARY ROAD CONSTRUCTION PROGRAM _ ADOPTI
IN THE AMOUNT OF $25.000
Fiscal Officer Harold Hall stated that $25.000 has been received for the
Road & Bridge Fund in accordance with the Collier County Secondary Cash Flow
Forecast from the State of Florida and needs to be appropriated for construction
work.
.,../ r,'.'.,~) '..:~.:tfj~'if~)),
Commissioner Archer moved. seconded by Commissioner Wenzel and carried
unanimously 5/0, that Budget Amendment 79.83 transferring Second Gas Tax Fund
expenditures for the Secondary Ro~d Con~truction Program be adopted in the
amount of $25.000.
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aOOK 046 PACE 486 * ..
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Hay 1. 1979
FISCAL OFFICER PROVIDES STATUS REPORT ON ESTABLISHMENT OF FISCAL POLICY AHD
PREPARATION AND DISTRIBUTION OF BU~GET REQUEST FORMS FOR FY 1979-80 _ APPROVED
SU3JECT TO CHANGE IN SECTION "B"
Fiscal Officer Harold Hall noted that a proposed Fiscal Policy had previously
been distributed and he has received some suggestions since then to incorporate
into the policy. He referred to budget forms noting they do not provide for
salary changes as the Board has not yet adopted a pOlicy regarding this.
Commissioner Wenzel referred to Section "B" "Contracted Services" stating he
feels that no new employees should be hired for the coming Fiscal Year; Section
"E", paragraph 2, he stated should read that all new roads tt' be constructed in
the County should be built by the assessment method only; and also, no new
departments should be created in the coming year.
Commissioner Wimer also commented on Section "B" requesting that rather then
"each department must review its operations" it should read "the County Manager
is to review each departments operation".
Commissioner Wfmer moved. seconded by Commissioner Wenzel and carried
unanimously 5/0. that Section "B" be amended as mentioned with respect to the
County Manager's review of each departments operation.
After a brief discussion. Commissioner Wenzel moved, seconded by Commissioner
Pistor and carried unanimously 5/0. that the proposed Fiscal Policy for Fiscal
Year 1979-80 as presented by the Fiscal Officer be adopted with the amendment
to Section liB" as requested.
A brief disrussion was held with Commissioner Wenzel commenting that when
new roads are constructed the property owners should be required to pay portions
of the cost of construction as they are benefitting from the road in that their
property value will increase. County Attorney Pickworth commented that it is
an engineering Judgement as to how much benefit a certain road will provide to
either the general public or the property owners on which it is constructed and
assess the costs Accordingly.
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BOOK 046 rACE 488
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May 1. 1979
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RECESS: 10:42 A.M. until 10 50 A.M.
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COUNTY ATTORNEY DIRECTED TO PROVIDE RECOMMENDATION TO THE BOARD REGARDING
CO/wttENTS HADE BY FEDERAL TRADE COMMISSION IN CONNECTION WITH GAC HATTER
County Attorney Don Pickworth reported that he has received a letter from the
Federal Trade Commission regarding comments that he had sent to them and he stated
that the FTC had condensed his recommended language regarding the purchase of
certain GAC properties. He commented that he feels the FTC has not fully considerE
the County's Viewpoint and suggested the matter be further pursued up to the pOint
of litigation, if necessary.
Commissioner Archer suggested that the legal staff bt authori~ed to provide
recommendations for the Board to consider.
Commissioner Wenzel moved. seconded by Commissioner Pistor. that the Board
accept the County Attorney's recommendation and authorize him to further pursue
this matter for possible solution.
A brief discussion followed during which the County Attorney explained that
it is necessary to solve these problems between GAC and the Federal Trade Commissiol
in order to prevent problems with redevelopment of the particular area in the
future. Commissioner Wimer suggested to the Attorney that he consider sending a
letter to the property owners expressing the County's view in this matter.
Upon call for the question the motion carried unanimouSly 5/0.
PUBLIC PETITION BY ED LEFTWICH REGARDING DRAINAGE PROBLEM IN LAKEWOOD SUBDIVISION _
REFERRED TO ENGINEERING DEPARTMENT
Mr. Ed H. Leftwich. resident of Lakewood, stated he previously had appeared
before the Board Objecting to a petition by U.S. Home to develop a particular projec
phase in Lakewood due to the fact that he had been encountering drainage prOblems
on his property as U.S. Home had never installed swales as required by Subdivision
regulations, and. also. he stated that U.S. Home has not complied with requirements
of the Southern Standard Building Code in reference to floor elevations. Hr. Leftwi
commented his own property is 6" above the required minimum elevation and noted
800K 046 PAGE446
BOOK 046 PACE447
May 1. 1979
that homes in back of his proper~y are at a higher level and designed to drain
onto his property. He further stated that he had formally requested the Engineer
Department to determine finished floor elevations of three particular homes in
the subdivision noting that the Department verified that all three were under the
required minimum elevations. He requested that the Engineering Department verify
all homes in the Lakewood Subdivision as to their finished floor elevations; and,
also, that the Board of County Commissioners enforce the penalty section of the
Building Code to U.S. Home for their negligence and ha also requested that U.S.
Home be required to put in the swales that had been on the engineering plans.
County Engineer Clifford Barksdale explained that the Building Department dOl
not have an instrument to measure the exact elevation of homes that are built.
however, if there is a question the Engineering Department is called in to
verify the elevation by the "string line" method. He noted that the above-mentior
three homes constructed by U.S. Home were all within 3 inches of the required
minimum elevdtion. He further noted that according to a topo survey performed on
the petitioner's house it was discovered that he had not properly sloped his
property which is the reason for his drainage problem. Mr. Barksdale commented
that the homes directly surrounding Mr. Leftwich's home are higher in elevation
than his. however, they do meet the appropriate sloping requirements.
Mr. Ray Dulaney. Building Director, stated the only method by which his depar
ment could accurately check elevation levels would necessitate investing in the
proper equipment to do so. The County Manager stated he would work on this aspect
of acquiring estimates for the necessary equipment.
Chairman Brown stated that the matter is to be referred to the Engineering
Department to try to work out a solution for Mr. Leftwich's problem.
CHAIRMAN AUTHORIZED TO SIGN LETTER TO LEGISLATIVE DELEGATION OPPOSING PROPOSED BILl
WHICH WOULD INCREASE THE NUMBER OF SEPTIC TANKS IN CERTAIN AREAS
Administrative Aide to the Board Mary Morgan referred to a newspaper article
concerning a proposed bill which would increase the number of septic tanks in area:
served by public water systems, possibly doubling the amount of septic tanks.
}~Ma~C1.~:t~~7~
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Commissioner Wenzel moved. (econded by Commissioner Archer and carried
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unanimous1y 5/0, that the Chairman be authorized to sign a letter to the Legislat
Deleoation opposing the proposed bill which wOuld increase the number of septic
tanks within an acre of land.
CHAIRMAN AUTHORIZED TO SIGN CEP.TIFICATE OF CORRECTION TO THE TAX ROll
Commissioner Archer moved. seconded by Commissioner Wenzel and carried
unanimously 5/0. that the following Certificate for Correction on the 1978 Tax
Roll be approved and that the Chairman b. authorized to sign same:
NO.
52 - 1978
MliQ.
April 27. 1979
RESOLUTION 79-66 AUTHORIZING THE STAFF TO FILE A FULL APPLICATION FOR COMMUNITY
DEVELOPMENT BLOCK GRANT RE IMHOKALEE . ADOPTED
Commissioner P1stor moved, seconded by Commissioner Wenzel and carried
unanimously 5/0, that Reso1ution 79-66 authorizi~g the staff to file a full
application for a Community Development Block Grant for the Main Line Subdivision
be adopted and that the Chairman be authorized to sign the appropriate letters
of transmi tta 1.
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BOOK 046 PACE 448 * *
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eOOK 048 PACE 451
. May 1 ~ 1979
PROCLAMATION DESIGNATING MAY l-i'. 1979 AS RESPECT FOR LAW WEEK PER REQUEST
BY OPTIMIST CLUB - ADOPTED
Commissioner Wenzel moved. seconded by Commissioner Pistor and carried
unanimously 5/0, that a Proclamation designating Hay 1-1. 1979 as Respect for
Law Week as requested by the Optimist Club be adopted.
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eOOK 046 PACE453
May 1. 1979
MEMO FROM COMMISSIONER WIMER RE PR~SENT PROCESS OF AWARDING BID TO LOWEST BIDDER
AND HAVING STAFF PERFORM PREPARAT~~Y WORK IN ORDER FOR.BID TO COME IN BELOW
BUDGETED AMOUNT - NO ACTION TAKEN
Administrative Aide to the Board Mary Horgan referred to a memo dated 4/27/79
from Commissioner Wimer regarding the present bidding process of awarding contracts
to low bidders sometimes resulting in the County staff having to disrupt their
normal duties to perform preliminary work on a project when the low bid is accepted
Commissioner Wimer cited the example of present CElA workers damaging certain
landscapin9 due to the fact they are not specialized in this field of wor~.
The County Manager stated that on this particular bid. the landscaping work
was not part of the bid specification. He explained there seemed to be a lack
of supervision on the particular job cited and he stated the problem will be
corrected in the future.
COUNTY ATTORNEY DIRECTED TO RESPOND TO INDIVIDUALS REGARDING THEIR REQUEST OF
CONFIRMATION FROM THE BCC AS TO WHETHER OR NOT THE 5 FT. OF SEAVIEW COURT IS
EXCLUDED IN THE LEGAL DESCRIPTION OF THE VACATION.OF SAME
Administrative Aide to the Board Mary Morgan noted the receipt of a letter
dated April 23, 1979 from Sea breeze West, Sea Breeze. and Sea Breeze South Condo-
minium Assocations reqarding the tack of beach.access points on Marco Island and
requested confirmation from the Board as to whether or not the 5 ft. of Seaview
Court which the BCC decided not to vacate on 3/27179 is in fact excluded in the
legal description of Seavfew Court as vacated.
The Chairman directed that the County Attorney review the letter and make
the appropriate response.
STAFF DIRECTED TO BEGIN NECESSARY STEPS TO IMPLEMENT REQUEST FROM VARIOUS
INDIVIDUALS REOUESTING THE NEW BOATING ORDINANCE SPEED LIMIT BE APPLIED TO
SPECIFIC AREAS
The Administrative Aide to the Board referred to a letter from an individual
requesting that the new boating ordinance speed limit be applied to the Gulf
Harbor Subdivision.
Commissioner Archer commented that other requests have been received along
the same tines but for different areas and t~at the staff is in the process of
gathering the necessary information.
Hay 1. 1979
The Chair directed that the staff continue with the necessary steps to
implement the requests that have been received.
COPY OF LETTER FROM SALVATORE SCUDERI TO SCHOOL BOARD REQUESTING ADDITIONAL
BALLFIELD BE CONSTRUCTED ADJACENT TO EXISTING FIELD AT TOMMY BARFIELD SCHOOL _
REFERRED TO PARKS & RECREATION ADVISORY BOARD FOR CONSIDERATION
Parks & Recreation Director Rollie Rice acknOWledged receipt of a copy of a
letter from Salvatore Scuderi to the School Board requesting that an additional
ballfield be constructed adjacent to the existing field at Tommy Barfield School
and commented that the requested ballfield i$ not in the Capftal Improvement
Program; however, plans for recreation complexes are.
Commissioner Wimer moved, seconded by Commissioner Wenzel that this matter
be referred to the Parks & Recreation Advfsory Board for consideraticn.
Mr. John Iamurri. Parks & Recreation Advisory Board. briefly made some
comments to the effect that the existing ballfield is very much in use as there
are many softball teams playing at the present time; however, it is not really as
much of a crisis as the letter indicates.
Upon call for the question the motion carried unanimoUSly 5/0.
STAFF AUTHORIZED TO SUBMIT GRANT APPLICATION REGARDING MECHANICAL CARDIOPULMONARY
RESUSCITATION (CPR) DEVICES
Commissioner Wenzel moved. seconded by Commissioner Archer and carried
unanimously 5/0. that the staff be authorized to submit a grant application re-
garding the availability of mechanical cardiopulmonary resuscitation devices.
Commissioner Wenzel requested that in the future. such requests be fonmally
submitted in writing from the app.'opriate person (i.e. Dr. Cox).
NO REZONE PETITIONS TO BE SCHEDULED DURING THE LAST TWO WEEKS IN JUNE AND THE
FIRST WEEK IN JULY
In order that various Commissioners can schedule their vacations. Commissioner
P1stor moved, seconded by Commissioner Wenzel and carried unanimously 5/0, that no
rezone petitions be scheduled for public hearing during the last two weeks in June
and the first week in July.
~OOK 046 PACE 454
BOOK 046 rACE 455
Hay 1. 1979
DISCUSSION CONCERNING PERFORMANCE BOND REQUIREMENTS FOR CONTRACTS UNDER
$25.000 - DEFERRED UNTIL NEXT WEEK
County Attorney Pickworth explained that there is a $15,000 bid for contract
for the Emergency Generator Shelter and noted that State law provides that the
Board may waive the requirement for a surety Perfonmance Bond if they so desire.
He stated the individual contractor may put up a "Letter of Credit" in lieu of
the bond.
Commissioner Archer moved, seconded by Commissioner Wenzel. that the require-
ment for Obtaining a Performance Bond be waived for contracts under $25,000 and a
letter of Credit be accepted in lieu of the bond.
A brief discussion followed during which Commissioner Archer w1thdrew his
motion and Commissioner Wenzel his second and the Chair directed this matter be
further investigated as to why the contractor cannot obtain a bond. Item to be
brought back for futher consideration next week.
BOARD INDICATES THEIR NEUTRALITY IN A PETITION SEEKING A UNION BARGAINING AGENT FOR
COUNTY EMPLOYEES; AUTHORIZES STAFF TO INSIST UPON A SECRET BALLOT FOR EMPLOYEES;
STAFF AUTHORIZED TO POINT OUT DISADVANTAGES TO EMPLOYEES OF HAVING SUCH A UNION;
AUTHORIZES HIRING OF LABOR COUNSEL TO REPRESENT THE COUNTY AND ASSIST STAFF
County Attorney Pickworth referred to a notice dated 4/23/79 from the Fla. Publ
Employees Relations Commission advising the Board that they have received the requir
rep~esentation/certification petition with authorization cards indicating that
certain county employees are seeking to have a union election to determine whether
or not the Laborer's International Union of North American will be their bargaining
agent. He advised that the Boar~ usually maintains neutrality in this matteri also.
to allow the employees to have a secret ballot. He futher explained that the pros
and cons of having a union must be pointed out to employees.
After discussion. Commissioner Archer moved. seconded by Commissioner Wenzel
and carried unanimously 5/0, that the Board maintain neutrality in the question of
whether of not employees shall have a unioni the Board is not to campaign either for
or against the union.
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May 1 t 1979,,, "
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Commissioner Wenzel moved. se~L,lded by Conrnissfonlr Archer and carried
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unanimously 5/0. that the Board support the rights of the employees to a secret
ballot to choose whether they want to be represented by a union.
Commissioner Archer moved, seconded by Commissioner Wenzel and carried
unanimously 5/0. that all facts be made available to the employees regarding
advantages and/or disadvantages to having a union and the staff is directed to
insure that a fair campaign is conducted. the staff pointing out the disadvantages
of having a union.
Commissioner Archer moved. seconded by Commissioner Wenzel. that a labor
counsel be retained to represent the County in all hearings before the Public
Employees Relations Commission and to assist the staff in insuring that the union
conducts a fair and proper campaign and, also. the labor counsel assist the staff
in their conducting of a fair campaign. The motion carried 4/1 with Commissioner
Wimer dissenting. stating he does not feel the labor counsel should be hired to
assist the stafr to defeat the union.
UTILITY EASEMENTS REGARDING MARCO SEWER PROJECT, PHASE I - ACCEPTED FOR
RECORDATION
Pursuant to action taken by the Bc.ard on April 3. 1979 wherein the Board
approved the acceptance and expenditure of funds for the recording of all Utility
Easelnents related to the Marco Sewer Phase I Project. Utility Director Irving
Serzon submitted the fOllowing easements. same having been recorded in the
Official Records.
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BOOK 046 PACf456
noox 046 '^CE 46f
Hay 1 t 1979
14. Letter dated 4/21/79 ,. xn Ed Hain regarding installation of
the fire hydrants in North Naples indicating his opposition; xc
to County Engineer~ filed.
15. Letter dated 4/24/79 from Mr. & Mrs. Virgil Blair indicating their
opposition to a day care center across the street from Unit 1, Block
9, Lot 7.; xc to Planning Director; filed.
16. Letter dated 4/25/79 from Elizabeth W. Taylor expressing appreciation
to the BCC for their approval given for the provisional use petition
permitting the construction of MY Home project; xc to Planning
Oirector~ filed.
17. Letter dated 4/18/79 from superintendent of Corkscrew Swamp Sanctuary
expressing appreciation to Engineering Dept. for their prompt and
efficient action regarding the installation of directional signs;
xc to Personnel; filed.
18. Certificate of Insurance received regardng insurance provided to Palmer
Broadcasting Company, policy No. MP 3502-57-06. Federal Insurance
Company; xc to Clerk of the Board; filed.
19. Copy of resolution from Seminole County BCC re proposed legislation
revising Chapter 171, Fla. Statutes, regarding process and procedures
for municipalities to increase their boundaries through annexation of
properties within the unincorporated areas of the County; filed.
20. Letter dated 4/23/79 transmitting schedule for public information sessiol
to e^plain the FY 1980 planning & application process for the Governor's
Special Grant Funds; xc to CETA Director; filed.
21. Invitation dated 4/24/79 from Naples City Council to attend their
opening ceremonies for new expansion to the water treatment plant; filed,
22. Copy of letter dated 4/5/79 from Dave Newman, Vice President of Crown
Coat~ Apron & Towel Service, Co., expressing his appreciation for
assistance rendered by Ochopee Fire Dept. staff; xc to Personnel; filed.
23. PSC Notices; filed: Docket No. 790332-CCr re Schwerman Trucking Co.
requesting certificate of public convenience and necessity to operate
a motor carrier; Docket No. 790269-CC1 regarding Freda's Drive Service
sreking an extension of authority under Certificate No. 1225; filed.
24. Honthly departmental reports received from BUilding Maintenance, Animal
Control and Library System - all for March. 1979; filed.
CHAIR DIRECTS THAT WORKSHOP ITEMS SCHEDULED BE DEFERRED UNTIL A LATER DATE
There being no futher business for the good of the County. Commissioner Archer
moved. seconded by Commissioner Wenzel and carried unanimously 4/0, with Commission
Wimer absent at the time of the vote, that the meeting be adjourned at 12:08 P.M.
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". May'l~' '1979:
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The Chair directed that those items scheduled on the Agenda for Workshop
be deferred until a later date.
BOARD OF COUNTY COMMISSIONERS/EX
OFF CIO GOVERNING BOARD(S) OF SPECIAL
DIS S UNDER ITS CONTROL
ATTEST:
WILLIAM J. REAGAN, CLERK
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eoOK 046 PAGE46Z