BCC Minutes 06/05/1979 R
Naples, Florida, June 5, 1979
LET IT bE REMEMBERED. that th. Board of County Commi~sioners 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 "Fit 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. Deputy Clerk; C. William N~rman. County
Manager. Neno J. Spagna, Community Development Administrator; Irving Berzon,
Utility Director. Anthony Pires, Assistant County Attorney; Mary r~rgan,
Administrative Aide to the Board. Rollie Rice. Director of Parks and Recreation.
Clifford Barksdale, County Engin~er; and, Deputy Chief Raymond Barnett, Sheriff's
Department.
AGENDA
BOARD OF COUNTY COMMISSIONERS
FINAL AGENDA
June 5, 1979
NOTICE:
ALL PERSONS SPEAKING ON ANY AGENDA ITEM MUST
REGISTER PRIOR TO THE ITEM BEING BEARD.
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.l'I.
1. INVOCATION
2. PLEDGE OF ALLEGIANCE
3. APPROVAL OF AGENDA
4.
APPROVAL OF MINUTES:
May 22, 1979
5~ PROCLAMATIONS AND PRESENTATIONS OF AWARDS
eoo~ ()( 7 PACE at
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June 5. 1979
6. SOC1AL SERVICES
7. ADVERTISED PUBLIC HEARINGS
8. OLD BUSINESS
9. REQUESTS FOR ADVERTISING
A. Rescheduled hearing re: proposed resolution to
create San Marcos Boulevard Water District. (7/17/79)
(continued from 4/17/79 Agenda).
B. Rescheduled hearing re: Petition V-78-24-C, Dudley
Goodlette representing Michael Micelli: request
for waiver of the 3 acre requirement for "mi"
Group Housing, for Lots 1 - 6, Block G, unit 2,
Conner's Vanderbilt Beach Estates. (7/17/79)
(continued from 4/3/79 Agenda).
10. COUNTY MANAGER'S REPORT
A. COUNTY MANAGER
(1) Report and recommendation on enforcement of
concealed pistol licensing ordinance and
recommended revisions to Ordinance 78-15.
B. ENGINEERING
(1)
Recommendation to accept petition to establish
Road Improvement District for Hamilton Road.
C. PLANNING
(1)
Recommendation of Citizens' Advisory Committee
for Collier County Transit Study to suspend
stud.y until "straw vote" is held re: County
subsldy of costs of a pUblic transit system.
(2 )
Petition PU-79-2-C, Richard Boyd: request
for provision"l Use (No.3) of the "RS-4"
Single Family District for a child care
center on Lot 23, Block 2, Marco Highlands,
which is generally located at the NE corner
of Third Avenue and Marco Lake Drive. (Con-
tinued from 5/22/79 Agenda).
D. PARKS AND RECREATION
(1) Recommendation to authorize four additional
permanent grounds keeper positions.
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June 5. 1979
AGENDA - APPROVED WITH ADDITIONS
Commissioner Wenzel moved, seconded by Commissioner Pistor and unanimously
carried, that the agenda be approved with the following additions:
1. Report on North Marco Utility Co., Inc. Franchise.
2. Public petition by Ms. Carrin Fogelgren opposing granting
of variance in Twin Lakes Subdivision.
3. Discussion of dress code for summer months.
MINUTES OF MEETING OF MAY 22. 1979 - APPROVED
Commissioner Wenzel moved. seconded by Commissioner Pistor and carried
unanimously 5/0, that the minutes of the May 22. 1979 meeting be approved
as submitted.
PROPOSED RESOLUTION TO CREATE SAN MARCOS BOULEVARD WATER DISTRICT (CONTINUED
FROM 4/17/79) - RE-ADVERTISING AUTHORIZED FOR PUBLIC HEARING JULY 17, 1979
Commissioner We~zel moved, seconded by Commissioner Pistor and unanimcusly
carried 5/0. that the proposed resolution to create the San Marcos Boulevard
Water District, public hearing continued from April 17. 1979. be re-advertised
for public hearing July 17. 1979.
PETITION V-78-24C, DUDLEY GOODLETTE REPRESENTING MICHAEL MICELLI, REQUESTING
WAIVER OF 3-ACRE REQUIREMENT FOR "GH" FOR LOTS 1-6. BLOCK G, UNIT 2. CONNOR'S
VANDERBILT BEACH ESTATES (CONTINUED FROM 4/3/79) - RE-ADVERTISING AUTHORIZED
FOR PUBLIC HEARING JULY 17. 1979
Commissioner Wenzel moved, seconded by Commissioner Pistor and unanimously
carried 5/0, that Petition V-78-24C. by Dudley Goodlette, representing Michael
Micelli, requesting a waiver of the 3-acre requirement for "GH" Group Housing
for Lots 1 through 6, Block G, Unit 2. Connor's Vanderbilt Beach Estates. public
hearing continued from April 3, 1979. be re-advertised for public hearing July
17, 1979.
ENFORCEMENT OF CONCEALED PISTOL LICENSING ORDINANCE - STAFF DIRECTED TO ENFORCE
EXISTING ORDINANCE (NO. 78-15)i APPLICATION FEE TO BE INCREASED TO $75.00
County Manager C. William Norman, referring to the Executive Summary dated
May 22. 1979. reviewed the results of an examination into the County's pistol-
licensing procedure. and ways and means of improving same, as requested. Among
June 5. 1979
the issues which need further consideration. said Mr. Norman. are as
follows:
1. What is the correct interpretation of the legislative intent
of the Board in adopting the provisions of Ordinance 78-15.
2. To what degree should the staff exercise discretion in deter-
mining whether or not an applicant meets the criteria of the
ordinance, and how should such proceedings be presented to the
Board; and,
3. Are the present provisions of the ordinance sufficient to ensure
adequate investigation and regulatory action?
Mr. Norman explained what is being recommended regarding proposed changes
in forms, procedures and the ordinance itself.
During the discussion which followed, Commissioner Wenzel obs!rved that a
citizen of good repute should not have to explain why he is in need of a permit
to carry a concealed weapon, taking into consideration the high crime level
prevalent. Commissioner Wimer suggested that additional provisions in the
ordinance, in his opinion, are not needed, adding that he would like to have the
present crdinance enforced. He voiced his agreement to the suggested revisions
to the ordinance wherein a person would be disqualified for a permit upon conviction
for a misdemeanor involving the use of a firearm. and also, that the permit is
not valid while the permittee is a guest of a patron of any commercial bar or
saloon where the primary business is the sale of alcoholic beverages.
Commissioner Wenzel moved that the present ordinance "stand as is" and that
the Chairman instruct the staff to enforce said ordinance. Commissioner Wimer
seconded the motion.
The matter of increasing the permit fees was deliberated upon, as recommended.
with Commissioner Wenzel amending his motion. and Commissioner Wimer his secon1ing
thereof, that the fee be increased to $75.00 per applicant - new and renewal.
Upon call for the question, the motion carried unanimously 5/0.
It was the consensus of the Board that the suggested revisions to the ordinance
be brought back to the Board for a public hearing.
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June 5, 1979
PETITION TO ESTABLISH HAMILTON ROAD IMPROVEMENT DISTRICT - ACCEPTED; STAFF
DIRECTED TO PREPARE PRELIMINARY FEASIBILITY REPORT AND COST ESTIMATE
County Engineer Clifford Barksdale explained that a petition has been recei
from the property owners abutting Hamilton Road for the establishment of a road
improvement district. The road is approximately 2500 feet long, he said, and
is a newly-improved limerock road within an existing 60' dedicated right-of-way
and serves eight abutting property owners. Mr. Barksdale added that a verificat
of the petition indicates that 62.5% of the abutting property owners have signed
Responding to Commissioner Wenzel, Mr. Barksdale said that a cul-de-sac will be
included in the design and that it can be constructed within the 60' r1ght-of-wa
Commissioner Archer moved, seconded by Commissioner Wimer and unanimously
carried 5/0. that the petition requesting the establishment of a road 1mprovemen
district for Hamilton Road be accepted, and that the Engineering Department be
authorized to prepare the preliminary feasibility report and cost estimates for
future presentation to the Board.
BOARD AUTHORIZES CONTINUATION OF COLLIER COUNTY TRANSIT STUDY, AND DIRECTS THE
MATTER BE PLACED ON FUTURE REFERENDUM/STRAW VOTE BALLOT
Community Development Administrator Neno Spagna explained that the second p
of the four-phase FDOT Transit Study has been completed and that it is indicated
that there would be operating dp.fic1ts connected with all of the four various mo.
studied as a means for providing bus services to the citizens of the County. He
said that it is being recommended by the Citizens Advisory Committee, which was
established to evaluate the study, that the transit study be suspended and that.
Board authorize a referendum, or straw vote, be held to determine if the citizenl
would be willing to subsidize a public transit system; also, that the Committee I
given a prominent role in the preparation of the ballot question to be voted UpOI
Commissioner Wenzel pointed out that a certain sum was allocated by the Boal
with regard to the study and, by stopping in the middle of the study, the taxpay.
would not be getting "their money's worth-. Or. Spagna commented that another
factor to be considered is that if Phase 3 of the study is not completed, althou~
it was not specified that it had to be completed, the County may be dropped down
Jun, 5, 1979
the priority list in the event the County is determined to be eligible for a
grant. Commissioner Archer suggested that unless Phase 3 is completed the facts
would not be available for a vote on the plan most beneficial to the County.
Following further brief discussion, Commissioner Wimer moved. seconded by
Commissioner Wenzel and unanimously carried 5/0. that the subject Transit Study
be continued and then be placed on a straw ballot/referendum.
BOARD ACCEPTS CHECK IN THE ~'OUNT OF $903.09 FROM NORTH MARCO UTILITY CO., INC.
REPRESENTING 1% FRANCHISE TAX FROM PREVIOUS THREE TAX YEARS; DUE DATE TO BE
CHANGED TO FEBRUARY 28 EACH YEAR, AS REQUESTED BY FRANCHISEE
Mr. Fred H. Smith, President of the North Marco Utility Co., Inc., reading fr
a prepared letter setting forth the provisions of Section 16 of the Sewer Franchis
Agreement between Collier County and North I~arco Utility, datefl April 20, 1971,
which pertains to the payment of the 1% Franchise Tax to the County, said 11abilit
to begin 30 days after the sixth anniversary date of the Franchise, and continuing
thereafter. He said that the anniversary date went by without either the utility
nor the County being aware of the liability. Mr. Smith presented a check in
the amount of $903.09 to Clerk William Reagan. said check representing the 1%
Franchise Tax for the firm's fiscal years 1976-77, 1977-78 and 1978-79. gross sale
for the three years totaling $90,309. Mr. Smith requested that the anniversary
due date be set back from April 20 of each year to February 28 of each year to
coincide with their fiscal year.
Commissioner Wenzel moved, seconded by Commissioner Pistor and unanimously
carried 5/0. that the Board approve the request by the Franchisee regarding the
change in annual due date for remittance of the 1% Franchise Tax.
It was pointed out by Assistant County Attorney Pires that both parties will
have to agree to the change in due date and an addendum to the Franchise be brough
back to the Board for final approval.
PETITION PU-79-2C, RICHARD BOYD, REQUESTING PU(3) OF "RS_41t DISTRICT, ON LOT 23,
BLOCK 2. MARCO HIGHLANDS, MARCO ISLAND, FOR ESTABLISHMENT OF A CHILD CARE CENTER -
DEll I ED
Community Development Administrator Neno Spagna located the property in
Question, with regard to Petition PU-79-2C,as being Lot 23, Block 2, Marco Highlan
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June 5, 1979
more specifically located at the northeast corner of Third Avenue and Marco
Lake Drive, and said that the petitioners, Richard and Barbara Boyd, are desirous
of establishing a child care center thereon. He said that the petition was reviewe(
by all of the appropriate review agencies and recommended for approval subject
to certain stipulations. Further, sAid Dr. Spagna. the Coastal Area Planning
Commission held its public hearing on May 3, 1979 And recommended approval of
the subject petition by a vote of 5/2, the dissenters voting ~n opposition because
they felt that thp. ~pntpr intrudp.d into the residential area and ~hould be in a
commercial d1strict, in their opinion. Dr. Spagna reviewed briefly the stipulations
abovementioned with the comment that the staff is recommending a~proval of the
petition subject to said stipulations. He noted that a number of petitions have
been received, one containing approximately 280 signatures in favor of granting
the provisional use, a petition in opposition to the request, and 27-28 letters
some of which are in favor and some opposed to the petition.
Mrs. Barbara Boyd, Petitioner, addressed the Board and provided specific
details concerning the proposed child care center, including the qualifications
of the staff. the type of activities planned, hours of operation, the reasons for
choosing the subject location for the center, and the like, and emphasized the
need for the center on ~larco Island, particularly one which will "take" very
young chl1 dren.
Mrs. Boyd read letters of support for the project from the following realtors:
1. Marshall S. Frenkel - Viva International Realty Corporation
2. Leonard F. Llewellyn, President - ~~rco Beach Realty, Inc.
Mrs. Boyd emphasized that the center does not belong in a commercial area
as has been suggested, but rather in a residential home-like atmosphere, citing
professional opinions to support her statement. Read into the record by Mrs.
Boyd were the following names of adjacent residents who do not object to the
location. one way or the other:
1. Linda Arthur
2. Doyle Doxsee family
3. Mrs. Ringo
4. Scott Kenyon
5. Butch and Brenda Cameron
6. Jim and Elaine Moore
7. Linda Anders
June 5. 1979
8. Te~ Haftel
9. Ted Haftel. Jr.
10. Jan Hood
11. Mr. and Mrs. Oan Laphan (also letter filed for the record)
12. Jeanie Pauley
13. Jeanie Jenkins
14. Mrs. Croston
Mrs. Boyd also read a letter supporting the establishment of a day care
center in the proposed location from Mrs. Bernard Ross. A further communication
was read by Mrs. Boyd which she said was forwarded along with a petition to
Commissioner Pistor. from Ms. Evelyn Ryall. and enclos1n~ an advlrtisment which
appeared in the l1arco I~land Eaglc ~uggc~ting that thc arca 1~ growing and that
change requires adjustment to accommodate conditions. In conclusion, Mrs. Boyd
expressed her hope that the petition would be judged on its merits without regard
to political consequences.
The following spoke in opposition to the petition:
1. Jacques Roseng
2. Ramona Borshoff
3. Irene Pritchard
4. Evelyn Ryall
5. Capt. Jim Lowe
(presented petition plus letter of opposition
from Carl Fruchtemeyer)
6. James Square
7. John Passidomo
8. Jean Starling
Speaking in support of the provisional use petition were the following
individuals:
1. George Frazer
2. Leigh Plummer
3. Debbie Lubberger
4. Rev. Ted Wuerffel
5. Susan Doyle
6. Joan White
Addressing some of the comments brought out by the speakers. Commissioner
Wimer inquired if a provisional use is considered to be spot zoning or a variance
with Dr. Spagna stating that a provisional use for a child care center is a permftte
use in the "GRC" District as well as residential districts. Commissioner Wimer
reviewed the residential zoning districts all of which permit provisional uses
for churches, schools and child care centers and questioned why such use is encourag
by the planning staffs. Dr. Spagna explained that this is to permit such
establishments close to the area's use, noting that historically and traditionally
BGCK 047 fAGE 09
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June 5, 1979
day care centers were conceived and looked upon as a service for the people
in the immediate area.
Noting that the planning staff and the CAPC recommended approval of the
provisional use being requested, pursuant to various stipulations imposed,
Commissioner Wimer moved that Petition PU-79-2C by Richard and Barbara Boyd,
requesting PU(3) of the IRS-4" District for the establishment of a child care
center on Lot 23, Block 2, Marco Highlands. Marco Island. be approved subject
to stipulations. The motion was seconded by Commissioner Brown. The motion
failed, following roll call voto 1/4 with Commissioners Brown. Archer. Wenzel
and Pistor voting in opposition.
PUBLIC PETITION BY MS. CARRIN FOGELGREN OPPOSING RECENT VARIANCE GRANTED IN
TWIN LAKES AREA - DECISION BY BOARD UPHELD
Ms. Carrin Fogelgren addressed the Board for the purpose of protesting the
recent granti~g of ~ variance for the construction of four duplexe~ in the Twin
Lakes area, citing as her reasons the fact that such construction will downgrade
the area, there was no hardship shown by the developer. and. also, the fact that
the adjacent property owners were not individually notified of the public hearing
regarding the variance. Speaking for a significant number of homeowners in Twin
lakes, Ms. Fogelgren asked that the variance be withdrawn.
Commissioner Wenzel moved that the Board action taken with regard to granting
the variance under discussion be rescinded due to the fact that the affected land-
owners were not notified of the public hearing and, therefore. had no chance to
express their opinion. The motion was seconded by Commissioner Pistor. Assistant
County Attorney Pires commented that. in his opinion, such action cannot be taken,
noting that the matter was heard in a public hearing. and that the avenue of redress
would be for the Circuit Court to attack the decision by the Board. Zoning Director
Carl Clemmer explained that the law does not require that each person be notified
by letter commenting that the newspaper advertisement of the public hearing was
sufficient. There was no action taken on the motion.
June 5. 1979
Among the matters briefly touched upon in the ensuing discussion was the
original zoning of the area which was originally platted for duplex residences,
whether or not a hardship other than monetary was shown by the petitioner. the
present characteristics of the neighborhood, and whether or not. since the
vote to grant the variance was not a unanimous decision. the property owners
should be able to request the Board to reconsider their action. County Attorney
Pickworth stated that if building on the lots has commenced. there is nothing which
can be done; however, if not. and it is the Board's desire to hold further hearings
on the matter, the Board can administratively direct that no building permits
be issued for the present.
Following additional brief discussion. Commissioner Wenzel ~ved that the
Bullding Department be instructed to "hold up" issuing building permits, notify
the developer. and hold an open hearing the following week. Commissioner Pistor
seconded the motion which failed 2/3 with Commissioners Archer. Wimer and Brown
voting in opposition.
ADDITIONAL PERSONNEL FOR PARKS AND RECREATION DEPARTMENT. AND TRANSFER OF $11.180
FROM GENERAL FUND TO FUND POSITIONS - AUTHORIZED
Parks and Recreation Director Rollie Rice reviewed the need for the additional
positions, namely four additional permanent groundskeeper positions. which are being
requested, pointing out the lack of permanent personnel necessitating the reliance
on CETA employees which is not satisfactory. the acres of County properties to be
maintained; the miles of travel by his crews required to maintain the government
facilities, and the like. He said that it will require $11,180 to fund the four
positions until the next budget year.
When asked to comment on the source of funding for the additional personnel.
Fiscal Officer Harold Hall advised that the Contingency Fund would be the only
source. He reviewed the status of the subject fund. pt)1nting out that there may be
some large amounts to be appropriated from it in the next couple of months. However
he said that if the Board feels that the additional personnel is something which
is needed, the transfer of funds can be made.
bOOK 047 I,\:~ .11
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June 5, 1979
Commissioner Wenzel moved tor upproval of the additiona of four positions
in the Parks and Recreation Department, and the transfer of $11.180 from the
General Fund (Contingency Fund). The motion was seconded by Commissioner Archer
and unanimously carried 5/0.
RESOLUTION 79-90 TO RECOVER FUNDS EXPENDED BY THE COUNTY TO ABATE A PUBLIC
NUISANCE ON LOT 4. BLOCK 37. UNIT 4, NAPLES PARK - ADOPTED
It was moved by Commissioner Archer and seconded by Commissioner Wenzel,
that Resolution 79-90 to recover funds expended by the County to abate a public
nuisance on Lot 4. Block 37, Unit 4, Naples Park Subdivision, be adopted. The
motion carried unanimously 5/0.
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June 5, 1979
NEW POSITION FOR HEAD CUSTODIAN IN IMMOKALEE - TENTATIVELY APPROVED; FISCAL
OFFICER TO PRESENT BUDGET AMENDMENT FOR SAME
Following brief explanation by County Manager Norman regarding the need for
same, Commissioner Wenzel moved, seconded by Commissioner Pistor and unanimously
carried 5/0. that the Board tentatively approve a new position for Head Custodian
to be utilized in Immokalee maintenance activities. and that the Fiscal Officer
present an appropriate budget amendment for same at the June 12. 1979 meeting.
CONTRACT FOR JANITORIAL SERVICES BETWEEN DHRS AND BCe - AUTHORIZED
Commissioner Archer moved, seconded by Commissioner Wimer and carried
unanimously 5/0, that the Board approve the renewal of the De~artment of Health
and Rehabilitative Services contract with the Coun~ for janitorial services, and
that the Chairman be authorized to sign same, as recommended by staff.
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June 5, 1979
SALE OF 22 EACH 10.25 VOTING MACHINES TO R.F. SCHROUP CORPORATION IN THE AMOUNT
OF $11,000 TOTAL PRICE - APPROVED
County Manager C. William Norman reported that an offer has been received for
the purchase of the balance of the '10.25 Voting Machines at $500 each, or a total
of $11,000 and that it is the staff recommendation that the offer be accepted.
Commissioner Wenzel moved, seconded by Commissioner Pistor and unanimously
carried 5/0, that the Board approve the sale of 22 110.25 Voting Machines to the
R.F. Schroup Corporation in the amount of $11,000. as recommended.
Mr. Norman commcn tcd thl1 t Purchas i n9 i) i rector Frank ~I1l cox shou 1 d be
commended on the very succl!ssful program for the sale of the County's surplus
voting machines.
ROUTINE BILLS - AUTHORIZED FOR PAYMENT
Commissioner Archer moved, seconded by Commissioner Wimer and unanimously
carried 5/0. that the bills be approved for payment as witnessed by the following
warrants issued from May 30, 1979 through June C, 1979:
FUND
Road & Bridge '2
Federal Revenue Sharing
Improvement Revenue
Intragovernmental Services
BCC Payroll - CETA
General Revenue
WARRANT NOS.
22
19
5
8
60688 - 60888
7531 - 7702
FISCAL OFFICER REPORTS ON SUFFICIENCY OF CONSTITUTIONAL OFFICERS' BONDS
Fiscal Officer Harold L. Hall reported that the Constitutional Officers'
Bonds have been reviewed, noting that they are the existing Bonds, and that they
are sufficient, as they were in January, 1979.
FISCAL OFFICER REPORTS ON STATUS OF 1979-80 BUDGET PREPARATION
Fiscal Officer Harold L. Hall reported on the status of the 1979-80 budget
preparation. as directed by the Board of County Commissioners in the Budget Fiscal
Policy adopted by the Board on May 1. 1979, and provided the Board with a listing
of budgetary units which have not submitted budgets by June 4, 1979, as set forth
in the budget schedule. He noted that it is expected that there will be 161
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separate budgets in the tentative budget which will be submitted by Clerk
William Reagan on July 15, 1979. Of these 161 budgets. said Mr. Hall, 15 of them
are of the "fixed type" which leaves 146 budgets for Board review and action,
of which 119 have been received with 27 yet to be submitted. He said that he has
June 5. 1979
been assured that the remaining 27 budgets will be coming in shortly.
Mr. Hall reviewed the remaining time schedule and said that there is no
reason why the Board will not have a good, relatively "clean" budget to work
with by July 15, 1979. lie said that the staff has done a great Job in this
regard, and that the Commissioners will be very pleased with the way the staff
has responded to the Board's Fiscal Policy, adhering to it in th~ preparation
of the budgets. Mr. Hall stated that it is doubtful that a further status report
will be needed prior to July 15. however, if for any reason it becomes necessary,
a further report will be forthcoming.
COUNTY MANAGER TO PREPARE DIRECTIVE REGARDING MALE DRESS CODE FOR SUMMER
MONTHS
Commissioner Archer stated that, pursuant to comments by various staff
members, he prepared a memorandum, under date of June 4, 1979, to the Board
concerning a dress code for County employees for the summer months. suggesting
that the male employees adopt a more casual and comfortable style of dress, i.e.
slacks and sports shirts, as opposed to shirts. ties and suits. He noted that
it was previously directed that the thermostats at the Courthouse be set at
780 during the summer months with respect to air conditioning which will. hope-
fully, result in a decrease in the consumption of electricity and ultimately
a decrease in costs for same.
It was suggested by Commissioner Wenzel, and the Chair so directed, that
the County Manager prepare a directive to this effect for circulation.
RESIGNATION OF DONALD CONDEE FROM CONTRACTORS' LICENSING BOARD _ ACCEPTED;
APPROPRIATE LETTER AND CERTIFICATE OF APPRECIATION AUTHORIZED FOR CHAIR~'S
SIGNATURE; ALTERNATE MEMBER ROBERT C. UTTER APPOINTED REGULAR MEMBER
Commissioner Archer moved, seconded by Commissioner Wenzel and unanimously
carried 5/0, that the letter of resignation, dated May 25, 1979, from Donald E.
June 5, 1979
Condee, Contractors' Licensing Board. be accepted, and that an appropriate
letter and certificate of appreciation be prepared for Chairman's signature;
also, that Alternate ~~ber Robert C. Utter be appointed as Regular Member on
said Board.
CHAIRMAN AUTHORIZED TO SIGN SERVICE AGREEMENT BETWEEN MARCO ISLAND AND GOODLAND
FIRE CONTROL DISTRICTS FOR PERIOD 3/12/79 TO 9/30/80
Commissioner Wenzel moved, seconded by Commissioner Pistor and unanimously
carried 5/0, that the Chairman be authorized to sign the Service Agreement between
the Marco Island Fire Control District and the Board of Goodland Municipal Fire
District, conmencing March 12, 1979 and terminating September 30. 1980.
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June 5. 1979
BOARD APPROVES CONTINUATION OF SUPPORT OF CONGREGATE MEALS PROGRAM, AND DIRECTS
STAFF TO PROVIDE $3.000 IN NEW FISCAL BUDGET REQUEST FOR THIS PURPOSE
Commissioner Archer moved, seconded by Commissioner Pistor and unanimously
carried 5/0, that the Board consider the continuation of its support of the
Congregate Meals Program and directs the staff to provide $3,000 in the 1979-80
Budget request for this purpose, as requested by Project Director Dee Talty, Tri-
County Nutritio~ Program, Immokalee Service Programs. Inc., in her letter to
the Board dated May 29, 1979.
REQUEST BY FDNR FOR REDUCTION IN CONNECTION CHARGE AND HONTHLV RATE RE CONNECTION
TO SEWER AREA "A" SYSTEM - DENIED; CHAIRMAN AUTHORIZED TO SIGN APPROPRIATE RESPONSE
TO FDNR
Administrative Aide to the Board Mary Morgan made reference to the request
from the Florida Department of Natural Resources, dated May 29. 1979. requesting
connection of the Wiggins Pass State Park to the Sewer Area "A" sewer system and
that consideration be given for the reduction in the sewage connection charge and
monthly rate for their usage.
Utility Director Irving Berzon explained that he has been in communication
with DNR, outlining the charges and the reasons for them. He said that the figures
quoted with regard to the monthly charge were as lenient as possible. and that in
the case of the connection charge there is a specific locked-in charge per toilet.
He said that all government entities are treated the same. noting that such utility
systems are almost private systems supported from revenues raised and that bonds
are sold with certain conditions prescribed.
Commissioner Wenzel moved that the Utility D1rector1s position on the request
by the FDNR be supported, and the the Chairman be authorized to prepare an
appropriate response to this effect. The motion was seconded by Commissioner Pistor
and carried unanimously 5/0.
FDER BIOLOGICAL ASSESSMENT RE DELTONA CORPORATION, FILE NO. 11-17896. FOR PROJECT
LOCATED AT SOUTH END OF MARCO ISLAND READ INTO THE RECORD AND PROJECT APPROVED;
RESOLUTION 79-91 RE SAME - ADOPTED
Administrative Aide to the Board Mary Morgan read into the record the following
Florida Department of Environmental Regulation Biological Assessment re File No.
11-17896, Deltona Corporation dredging and filling project in connection with the
June 5, 1979
seawall stabilization and fill at the south end of Marco Island, commonly
known as the Old Tracking Station Site:
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~ PACt 13 *
8GC~
uGOK ~Jr rACE ~l)
June 5. 1979
Commissioner Pistor noted that the project. as outlined in the above
biological survey, is different than the ~roject discussed by him with the Deltona
Corporation several months ago. explaining briefly his interpretation of the
project. Dr. Jay Harmic. County Environmentalist, agreed with the Commissioner.
noting that the first plan was changed and a second plan submitted to the staff
and has been agreed upon. Responding to Commissioner Wenzel, Dr. Harmic said
that the project is one which the public will be asked to comment upon via
announcement5 from the OER and the Corps to those persons on the mailing list.
noting that the comment period is probably over for the subject project. He
said that he is not knowledgeable concerning what comments have been forthcoming.
Commissioner Pistor moved that the project under discussion be approved
and that the Chairman be authorized to sign Resolution 79-91 to this effect. The
motion was seconded by Commissioner Archer and unanimously carried 5/0.
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BeCK 04-7 PACE 2B
June 5, 1979
SIXTY DAYS EXTRA GAIN TIME RE INMATE NO. A32550 - APPROVED
Commissioner Archer moved, seconded by Commissioner Wimer and unanimously
carried 5/0, that sixty days extra gain time be approved for County Jail Inmate
#A32550, establishing his release date as June 26. 1979, upon recommendation by
Jail Supervisor and approved by Sheriff Aubrey Rogers.
LAKE TRAFFORD MEMORIAL GARDENS CEMETERY DEEDS NOS. 190 AND 191 - FILED FOR THE
RECORD
P"r""~nt to ~ctfon of thp. Board January 10, 1978 whp.re1n thp. Ch~frmlln Wile;
authorized to sign various deeds to Lake Trafford Memorial Gardens Cemetery lots
as the need arises, the following Deeds Nos. 190 and 191 were recorded and
filed for the record:
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June 5, 1979
FINAL PLAT p~ CONSTRUCTION OF VICTORIA PARK UNIT II CARUSCAN (FLORIDA) INC.-
APPROVED FOR RECORDATION. IRREVOCABLE LETTER OF CREDIT 1676 FOR $606,000 _
ACCEPTED. CHAIRMAN AUTHORIZED TO SIGN AGREEMENT FOR CONSTRUCTION AND MAINTENANCE
OF SUBDIVISION IMPROVEMENTS RE SAME
Administrative Aide to the Board Mary Morgan advised that both the County
Attorney and the County Engineer have reviewed the required securities and
agreements for the construction associated with Victoria Park Unit lIre Caruscan
(Florida) Inc., the Final Plan having been approved by the BCC on April 10, 1979.
She said that the recordation of same was to be held in abeyance pending completfol
of construction or the provision of securfties guaranteeing construction.
Commissioner Wenzel moved, seconded by Commissioner Wimer and unanimously
carrfed 5/0, that the recordation of the Final Plat for the construction assocfatec
wfth Vfctorfa Park Unit II be approved., that the irrevocable letter of credft
#676, The Bank of Nova Soctia, in the amount of $606,000 be accepted, and that the
Chainman be authorized to sign the Agreement for Construction and Maintenance
of Subdfvision Impl'ovemMts re same.
*Note - Recorded in Plat Book No. 12, Page 65.
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BeCK 31
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BeOK 047 PACE !6
June 5, 1979
ACTION TAKEN BY THE BOARD GRANTING LEAVE OF ABSENCE TO ZONING DEPARTMENT
EMPLOYEE (WILLIAM H. PERKINS, JR.) - RESCINDED
Following brief explanation by Administrative Aide to the Board Mary Morgan,
Commissioner Wenzel moved, seconded by Commissioner Pistor and unanimously carriec
5/0, that the leave of absence granted Zoning Department employee William H. Perk1
Jr. be rescinded, as recommended by Zoning Director Carl Clemmer in his memorandun
to the County Manager dated June 4, 1979.
~EPORT ON INVESTIGATION OF MAY 2~, 1979 OPEN BURNING BY BEP.R'S PAW PROJECT
Administrative Aide to the Board Mary Morgan advised that. pursuant to
Board directive May 29, 1979, the Assistant County Manager investigated the
complaint of the Bear's Paw open burning of May 28, 1979 and submitted a report
dated June 4, 1979 as to his findings. Mrs. Morgan, referring to tho report,
said that the subject developer had been issued a burning permit and had complied
with the regulations governing same, adding that the smoke over the North Naples
area, which prompted the investigation, was caused, to a f~r greater extent, by
a wildfire north of Alligator Alley. It was noted that a copy of the report has
been furnished Mr. Mike lewalk who had asked that the prOblem be investigated.
BRIEF DISCUSSION RE 1979-80 BUDGET PREPARATION GUIDELINES
Pursuant to Mr. Mike Zewalk's inquiry as to whether or not guidelines have
been funished to the various department heads to be followed when preparing the
1979-80 Budget with regard to expend1turer. Fiscal Officer Harold Hall explained
that the Board's Fiscal Policy this year reflected some very significant revisions
as far as limiting new or expanded projects. Also, said Mr. Hall, if a department
head proposes such expansion or new project, he must, for the first time, furnish
much more information as to the reason for same and the cost benefit. He said
that there were very specific directives given by the Board in this regard, and
Chairman Brown instructed that copies of this information be furnished to Mr.
Zewa 1 k.
~ccx Qfl PACE 38
June 5, 1979
13. PSC Notice dated May 29, 1979 re Docket No. 7S0777-TP setting forth
hearing schedule for general investigation of the level of earnings
of United Telephone Company - filed.
14. PSC Notice of Filing of Application for a Certificate of Public
Convenience re Burns Equipment Company. Inc., Docket No. 790422-KC,
to include Collier County - filed.
15. PSC Notice of Filing of Application for a Certificate of Public
Convenience re Claycamp. Inc.. Docket No. 790395-KC, to include
Immokalee - Filed.
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There being no further business for the good of the County, the ~eting
was adjourned by order of the Chair - Time: 11:55 A.M.
BOARD OF COUNTY COMMISSIONERS/EX
OFFICIO GOVERNING BOARD(S) OF SPECIAL
DISTRICTS UNDER ITS CONTROL
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