BCC Minutes 06/12/1979 R
Naples, Florida, June 12, 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 fol1owing members present:
CHAIRMAN: David C. Brown
VICE-CHAIRMAN: Clifford Wenzel
John A. Pistor
C.R. "Russ" Wimer (9:17 A.M.)
Thomas P. Archer
ALSO PRESENT: Will~am J. Reagan, Clerk. Harold L. Hall, Chief Deputy
Clerk/Fiscal Officer; Debbie Pantano and Edna Brenneman (1:30 P.M.), Deputy
Clerks; C. William Norman, County Manager; Donald Pickworth, County Attorney;
Anthony Pires, Assistant County AttorneYi Irving Berzon, Utility Director;
Clifford Barksdale, County Engineer. Mary Morgan Administrative Aide to the
Board; and Deputy Chief Raymond Barnett, Sheriff's Department.
AGENDA
BOARD OF COUNTY COMMISSIONERS
FINAL AGENDA
June 12, 1979
NOTICE:
ALL PERSONS SPEAKING ON ANY AGENDA ITEM MUST
REGISTER PRIOR TO THE ITEM BEING HEARD.
REQUESTS ::'-0 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.Z,I.
1. INVOCATION
2. PLEDGE OF ALLEGIANCE
3 . APPROVAL OF AGENDA
4.
APPROVAL OF MINUTES:
May 29, 1979
"......
D::~, 047 fACE 39
aa.~ 047 ~-.44-
June 12, 1979
FINAL AGENDA ~PPROVED WITH ADDITIONS/DELETIONS
..or"'..
Commissioner Pistor moved, seconded by Commissioner ~enzel, that the
final agenda be approved with the following additions/deletions:
Per Commissioner Pistor's request the fOllowing items were added to
the agenda:
Engineering:
Item regarding Pepper Fish Campi
Board of County Commissioners Report:
Item regarding additional space for the Property Appraiser;
Public Petition:
Item regarding sidewalks to be constructed along West Boulevard.
Chairman Brown noted that Item 12B under "Utility Director's Report" is
deleted from the agenda.
The County Attorney requested the following be added:
Correspondence:
A resolution correcting previous resolution re a plat
vacation; and, the acceptance of a deed of property for
roadway purposes along Pine Street.
Upon call for the question the motion carried 4/0 with Commissioner Wimer
absent at the time of the vote.
f.1INUTES OF MAY 29, 1979 - APPROVED
Commissioner Wenzel moved, seconded by Commissioner Pistor and carried
undnimously 4/0 with Commissioner Wimer absent at the time of the vote, that
the minutes of May 29, 1979 be approved as presented.
ORDINANCES 79-37, 79-38, 79-39 REGARDING NARCOTIC-RELATED PARAPHERNALIA _
ADOPTED
Legal notices having been published in the Naples Daily News on May 22, 1979
as evidenced by Affidavits of Publication filed with the Clerk, public hearings were
opened to consider proposed ordinances prohibiting the sale of narcotic-related
paraphernalia, narcotic-related printed matter to minors and the advertisement
of narcotic-relat.ed paraphernalia.
Jun. 12, 1979
Assistant County Attorney Anthony Pires stated that the proposed ordinances
closely parallel ordinances recently adopted by the City Council relating to the
same matter. He noted the following changes he has made in the proposed ordinan
Section Three "Presumption" in the ordinances prohibiting the sale of narcotic
related paraphernalia and the ordinance prohibiting the sale of narcotic-related
printed matter to minors in that "the knOWing possession by any person. of ten
(10) or more....," as opposed to previously recommended "the knOWing possession
any person, of six (6) or more.....,." He also stated that he has incorporated
a change in the definition of "Sale" of these items.
Mr. Bill Barton, Naples Informed Parents, Inc., spoke in favor of the propo
ordinances. He demonstr~ted various pieces of paraphernalia noting that they
are geared towards the younger children rather than those 18 and over.
Sheriff Aubrey Rogers also supported the proposed ordinances and commented
that the City has not had any problems with the enforcement of their ordinance.
Mr. Mark Gilbert, Florida Businessmen for Free Enterprise, stated that he
has been informed by attorneys that the proposed ordinances are blatantly un-
constitutional in that they are so vague that store owners cannot know with
certainty what is permitted and what is prohibited as there is no way to tell
what the consumer intends to use paraphernalia for, i.e., pipes and rolling papel
may be used for tobacco. "roach clips" can be used as jewelry. etc. He also
pointed out the fact that the ordinance invites discriminatory enforcement on
the part of law enforcement officials. Mr. Gilbert also noted the fact that
similar ordinances have been considered by various legislatures and ruled un-
constitutional.
*
*
*
*
*
*
*
.
.
.
.
.
.
.
.
*
At this point, Commissioner Wimer arrived -- 9:17 A.M.
.
.
*
*
.
.
.
.
.
*
*
*
*
*
*
*
In response to Mr. Gilbert's concern about the unconstitutionality of the
proposed ordinances. Mr. Pickworth stated that he has reviewed those various stat
ordinunces which ha~e 6een overruled and that he feels these proposed ordinances
. I ....._
have been written around the problems that the courts had found in the other case
~J(. 047 ~ 4S
t~...; 047 fACE 4.8
June 12, 1979
Mr. Gil~ert further made the comment that outlawing legitimate business
. ..~....
would not help solve the drug abuse problem.
. I
.
Ms. Vickee Chaitman, owner of a North Naples record store, stated that
approximately 1/3 of her sales come from the sale of paraphernalia and also
stated that banning the sale of these items will not solve the overall drug
abuse problem. She commented that these ordinances infringe upon the rights
of individuals. At this time the proposed ordinances were considered individually.
There being no other persons registered to speak, Commissioner Archer
moved, seconded by Commissioner Wenzel and carried unanimously 5/0, that the
public hearing be closed.
Commissioner Archer moved, seconded by Commissioner Pistor ~nd carried
unanimously 5/0, that Ordinance 79-37 as titled below be adopted and entered
into Ordinance Book No.9.
ORDINANCE NO. 79--1L-
AN ORDINANCE PROHIBITING THE SALE OF NARCOTIC
RELATED PARAPHERNALIA; PROVIDING FOR DEFINITIONS
FOR THE TERMS USED HEREIN; PROVIDING FOR PENAL-
TIES; PROVIDING FOR SEVERANCE, AND EFFECTIVE
DATE.
In response to Ms. Chaitman's concern, the County Attorney stated that
these ordinances will take effect within 10 days of their being approved by the
Board.
Mr. Barton made several comments to the effect that even though the proposed
ordinances will not acutely cut down on the drug problem, if the paraphernalia
Is removed from display in the stores. young children will not be encouraged to
purchase them.
Mr. Gilbert suggested that these ordinances should have an age limitation
implemented into them.
There being no other persons registered to speak on the matter, Commissioner
Archer moved, seconded by Commissioner Pistor and carried unanimoUSly 5/0, that
the public-hearing be closed.
June 12, 1979
Commissioner Archer moved, seconded by Commissioner Pistor and carr1ed .
unanimously 5/0, that Ordinance 79-38 as titled below be adopted and entered
into Ordinance Book No.9.
ORDINANCE NO. 79- 38
AN ORDINANCE PROHIBITING THE SALE OF NARCOTIC-
RELATED PRINTED MATTER TO MINORS J PROVIDING
FOR DEFINITIONS FOR THE TERMS USED HEREINJ
PROVIDING FOR PENALTIESJ PROVIDING FOR SEVERANCE:
PROVIDING FOR AN EFFECTIVE DATE.
There being no persons registered to speak, Commissioner Arhcer moved,
seconded by Commissioner Pistor and carried unanimously 5/0, that the public
hearing be closed.
Commissioner Archer moved, seconded by Commissioner Pistor and carried
unanimously 5/0, that Ordinance 79-39 as titled below be adopted and entered
into Ordinance Book No.9.
ORDINANCE NO. 79~1---
AN ORDINANCE PROHIBITING THE ADVERTISEMENT
OF NARCOTIC-RELATED PARAPHERNALIA; PROVIDING
DEFINITIONS FOR THE TEaMS USED HEREIN; PRO-
VIDING FOR PENALTIES, SEVERANCE, AND EFFECTIVE
DATE.
FATHER'S DAY PROCLAMATION (BEEF FOR FATHER'S DAY) SPONSORED BY AGRICULTURE
DEPARTMENT - ADOPTED
Commissioner Archer read the Proclamation which proclaimed June 17. 1979
as Reef for Father's Day.
Commissioner Pistor moved. seconded by Commissioner Archer and carried
unanimously 5/0, that the Proclamation be adopted.
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
RECESS: 9:42 A.M. until 9:47 A.M.
*
*
*
*
*
*
*
*
*
*
*
*
*
.
*
*
*
......,
COOK, i 047 P),GE 47'
CCCK 047 fA~t 48
June 12, 1979
Ms. Mi'1red Price. member of Collier Cqurity C~ells. expressed their
-,..., -
appreciation for the presentation of the proclamation. . Sbe introduced Hs.
: .
Susan Williams, Collier County Cattlemens' Sweethear~who presented cuts of
.
beef to the Commissioners. Ms. Price added that the beef has been donated
by Publix Supermarket and expressed her appreciation to Mr. Larmer Adams of
Publix Supermarket for his help.
.
.
*
*
*
*
*
.
*
*
. * *
* * *
* * *
* * *
* * *
* *
*
." ,.,
~..h.:\
04'7 ,'.' r" 50
t' r"I,;L
, '.
June 12, 1,979
. .
. .'
kESOLUTION 79-92 APPROVING THE FlAAL ASSESS~ENT,.R.oLL' ~OR SMUGGLER'S COVE -
ADOPTED .
Legal notice having been published in the Naples Daily News on May 27 and
June 3. 1979 as evidenced by Affidavit of Publication filed with the Clerk, public
hearing was opened to consider the final assessment roll for Smuggler's Cove.
County Engineer Clifford Barksdale noted that the Board created this
improvement district in January. 1979 and the work is now being completed
which consists of resurfacing the roads and correctng minor drainage problems.
Hp. stated that the total assessment for approximately 780 l.f. is $2,631.85 or
approximately $3.374 per front foot. He also stated that two letters have been
received objecting to the method of assessment noting that thes~ individuals
own property on the cul-de-sac at the end of the road. Mr. Barksdale explained
that these particular lots were assessed strictly by the width of the lots rather
than the straight front footage on the road stating this seemed to be fair to
lot owners at the far end of the street as the cul-de-sac owners would be
passing back and forth the entire length of the street.
There being no persons registered to speak on the matter, Commissioner
Wenzel moved, seconded by Commissioner Pistor and carried unanimously 5/0, that
the public hearing be closed.
In response to Commissioner Archer. Mr. Harold Hall, Fiscal Officer. stated
the assessment may be paid within 60 days following adoption of the resolution,
without interest; thereafter interest at a rate of nine .percent (9~) altnually,
billed each November 1st.
Commissioner Archer moved, seconded by Commissioner Wenzel and carried
unanimously 5/0, that Resolution 79-92 regarding the Final Assessment Roll for
Smuggler's Cove be adopted.
.
.
*
*
*
.
.
*
*
* *
June 12, 1979
ORDINANCE 79-40 RE PETITION R-79-6C BY CONNIE & SAMUEL HUBSCHMAN REQUESTING
REZONING FRf'I!-t "RM-l" TO "GRC" IN THE NW CORNER OF S12, T50S, R25E LOCATED AT
THE SE CORNER OF DAVIS BOULEVARD AND AIRPORT ROAD SOUTH - ADOPTED WITH STIPU-
LATIONS
Legal notice having been published in the Naples Daily Hews on April 20, 1979
as evidenced by Affidavit of Publication previously filed with the Clerk, public
hearing was continued from May 22 and 29, 1979 to consider a proposed ordinance re
Petition R-79-6C by Connie & Samuel Hubschman requesting rezoning from "RM-l" to
"GRC".
Dr. Neno Spagna, Community Development Administrator, explained that the
Board had previously considered this item and it was rcfcrrcd back to thc CApe
for their reconsideration as the CAPC had previously recommendp.d only the
westernmost 200' of the property be rezoned as requested. Dr. ~pagna further
explained that at the BCe meeting on May 22, 1979 the petitioner had submitted
an alternate proposal which excluded the southern portion of the property and
included the entire 400' of the original request. The alternate proposal would
provide a buffer zone between the commercial property and the abutting residential
area. The CAPC considered this proposal. however, they reaffirmed their original
recommendation in that the petition be approved and that only the western
200' be rezoned to "GRe".
Mr. George Vega. representing the Glades, Inc., stated that he had recommended
additional depth in order to construct a higher level of shopping center with
limited ingresses/egresses as well as providing a sufficient buffer area.
Mr. Dwight Sartwell, resident of Glades Boulevard, requested the Board approve
the petition which would provide 400' commercial area from Glades Boulevard
to Davis Boulevard.
There being no other persons registered to speak on the matter, Commissioner
Wenzel moved. seconded by Commissioner Pistor and carried unanimously 5/0. that
the public hearing be closed.
Commissioner Pistor moved. seconded by Commissioner Wenzel, that the Board
accept the recommendation of the CAPC and approve the petition including the
additional 200' from Airport Road to Davis Boulevard being zoned "GRC".
-'--...
t~~~ 047 i'N:t .53
." 047 l'hC-E 54
June 12, 1,979
, I
.
After brief discussion Commi~~ioner Pisto~.~1thd~ew his motion and
.
Commissioner Wenzel his second.
. "
Commissioner Pistor moved, seconded by Commissioner Archer, that the
Board approve the staff recommendation which excludes the southern portion
of the property from the rezone request and the eastern portion of said
property be provided as a buffer area in the amount of 200' by ISO' and that
Ordinance 79-40 regarding Petition R-79-6C as titled below be adopted and entered
into Ordinance Book No.9. The motion carried 4/1 with Commissioner Wenzel
dissenting.
ORDINANCE 79- 40 .
AN ORDINANCE AMENDING OPDINANCB 16-30 THE
COMPREHENSIVE ZONING REGULATIONS F(),R THE
UNINCORPORATED AREA OP THE COASTAL AREA
PLANNING DISTRICT BY NtF.NDING THE ZONING
ATLAS MAP NUMBER 50-25-1 BY REZONING THE
FOLLOWING DESCRIBED PROPERTY FRON Im-1
SINGLE AND MULTI-FANILY TO GRC, GENJ!RAL
RETAIL CO~~ERCIAL: LOCATED IN THB NORTH-
WEST 1/4 OF SECTION 12, TOWNSHIP 50 SOUTH,
RANGE 25 EAST AND PROVIDING AN EFfECTIVB
DATE.
REPORT ON STATUS OF NEGOTIATIONS WITH WASTE MANAGEMENT, INC. RE SOLID WASTE
COLLECTION FRANCHISE - TO BE CONTINUED LATER IN THE SESSION
Per the County Attorney's statement that the proposed franchise agreement
is in the process of being typed, Commissioner Archer moved, seconded by
Commissioner Pistor and carried unanimously 5/0, that this item be deferred
until later in the session.
PETITION SMP-79-3-C, CLARENCE HABERMEHL REQUESTING SUBDIVISION MASTER PLAN APPROVAL
FOR PORTIONS OF ROYAL PALM GOLF ESTATES IN SECTION 20, T51S. R27E - ADVERTISING
AUTHORIZED FOR PUBLIC HEARING FOR JULY 24. 1979
Commissioner Archer moved, seconded by COIII1l1ssioner Pistor and carried
unanimously 5/0, that Petition SMP-79-3-C by Clarence Habermehl requesting
Subdivision Master Plan Approval for portions of Royal Palm Golf Estates in
Section 20, Township 51 South. Range 27 East be authorized for advertising of
public hearing for July 24, 1979.
June 12, 1979
PETITION NZ-79-4-C. COUNTY PL~NING DEPARTMENT REQUEST FOR AMENDMENT TO
ORDINANCE 76-30 BY ADDING A N~' SECTION 22.IV MEDIUM DENSITY MID-RISE
DISTRICT - ADVERTISING AUTHORIZED FOR PUBLIC HEARING JULY 10. 1979
Commissioner Archer moved, seconded by Commissioner Pistor and carried
unanimously 5/0, that Petition NZ-79-4-C by the County Planning Department
requesting an amendment to Ordinance 76-30 by adding a new Section 22.IV
Medium Density Mid-Rise District be authorized for advertising of public
hearing for July 10, 1979.
PETITION NZ-79-5C. COUNTY PLANNING DEPARTMENT REQUEST FOR AMENDMENT TO ORDINANCE
76-30 BY AMENDING SECTION 9 - AREAS OF ENVIRONMENTAL SENSITIVITY, PARAGRAPHS 8B
ANU ~~ - ADV~RTISING AUTHORIZED FOR PUBLIC HEARING JULY 10, 1979
Commissioner Archer moved, seconded by Commissioner Pistor and carried
unanimously 5/0, that Petition NZ-79-5C by the County Planning Department requestin,
amendment to Ordinance 76-30 by amending Section 9 - Areas of Environmental
Sensitivity, Paragraph 8B and 8F be authorized for advertising of public hearing
July 10, 1979.
PETITION R-79-11-C, CLARENCE HABERMEHL REQUEST FOR REZONING FROM "GC" AND "RS-3"
TO "RS-3" AND "GC" FOR PROPERTY IN S20. 1515, R27E IN ROYAL PALM GOLF ESTATES -
ADVERTISING AUTHORIZED FOR PUBLIC HEARING JULY 24. 1979
Commissioner Archer moved, seconded by Commissioner Pistor and carried
unanimously 5/0, that Petition R-79-11-C by Clarence Habermehl requesting rezoning
from "GC" and "RS-3" to "RS-3" to "GC" for property in Section 20. Township 51
South. Range 27 East in Royal Palm Golf Estates be authorized for advertising
of public hearing July 24. 1979.
PETITION R-79-12-C, JOHN PRIDGEON REQUESTING REZONING FROM "I-ST" TO "I" FOR
PROPERTY IN S36. T49S, R25E LOCATED IN EAST NAPLES PRODUCTION PARK BETWEEN
DOMESTIC AND ENTERPRISE AVENUES - ADVERTISING AUTHORIZED FOR PUBLIC HEARING
JULY 24, 1979
Commissioner Archer moved. seconded by Commissioner Pistor and carried
unanimously 5/0. that Petition R-79-I2-C by John Pridgeon requesting rezoning
from" I-ST" to "I" for property in Section 36, Township 49 South,Range 25
East located in East Naples Production Park between Domestic and Enterprise
Avenues be authorized ~r.advertising of public hearing July 24. 1979.
. .......
~ ~".,
L.~. \
0471"1,- 55
If\..:i.
, .
~C~~ 04 7 (A~E 56
June 12, 1979
PETITION R-7~ .13-C, BRUCE MUfotot itEQJtES1' FOR''RdOtHNG FROM "A" TO "E" FOR
PROPERTY IN S23, T49S, R25E LOCATED ON BAILEY ~ NORTH OF POINCIANA
VILLAGE - ADVERTISING AUTHORIZED FOR PUBLIC HEARING JULY 24,.1979
Commissioner Archer moved, seconded by Commissioner Pistor and carried
unanimously 5/0, that Petition R-79-13-C by Bruce Mumm requesting rezoning from
"A" to "E" for property in Section 23, Township 49 South, Range 25 East located
on Bailey Lane north of Poinciana Village be authorized for advertising of
pub 1i c heari ng July 24, 1979. '
PETITION R-79-7-I KING DAVID JOHNSON REQUESTING REZONING OF PROPERTY IN
PALMETTO PARK TO PERMIT THE CONSTRUCTION OF DUPLEXES - ADVERTISING AUTHORIZED
,FOR PUBLIC HEARING JULY 24, 1979
Commissioner Archer moved, seconded by Commissioner Pistor and carried
unanimously 5/0, that Petition R-79-7-1 by King David Johnson requesting
rezoning of property in Palmetto Park to permit the construction of duplexes
be'authorized for advertising of public hearing July 24, 1979.
FLOOD DAMAGE PREVENTION ORDINANCE - ADVERTISING AUTHORIZED FOR PUBLIC HEARING
AUGUST 14, 1979 AT 7:30 P.M.i COUNTY MANAGER AUTHORIZED TO ADVERTISE FOR
"PUBLIC INFORMATION" MEETING TO BE SCHEDULED PRIOR TO PUBLIC HEARING
Commissioner Archer moved, seconded by Commissioner Pistor and carried
unanimously 5/0, that the Flood Dam4~! Prevention Ordinance be authorized for
advertising of public hearing for August 14, 1979 at 7:30 P.M.
Commissioner Archer moved, seconded by Commissioner Pi~tor and carried
unanimously 5/0, that the County Manager be authorized to advertise for a
"Public Information" meeting regarding the proposed ordinance to be held prior
to the public hearing.
PETITION A-79-5-C. KRIS DANE, P.E. APPEALING ZONING DIRECTOR'S DECISION NOT TO
APPROVE SPECIFIC DOCK CONSTRUCTION IN VANDERBILT LAGOON - ADVERTISING AUTHORIZED
FOR PUBLIC HEARING JULY 10, 1979
Commissioner Archer moved, seconded by Commissioner Pistor and carried
unanimously 5/0, that Petition A-79-5-C by Kris Dane, P.E. appealing the Zoning
Director's decision not to approve specific dock construction in Vanderbilt
Lagoon be authorized for advertising of public hearing July 10, 1979.
June 12. 1979
PETITION R-79-4-I, TRAFFORD PINES ESTATES REQUESTING A CHANGE IN ZONING FROM
"I-C-2" TO "1-MF-l" FOR TRACT A, HAFFORD PINES ESTATES - ADVERTISING
AUTHORIZED FOR PUBLIC HEARING JULY 24. 1979
Commissioner Archer moved, seconded by Commissfoner Pistor and carried
unanimously 5/0, that Petition R-79-4-I, Trafford Pines Estates requesting a
change in zoning from "I-C-2" to "I-MF-l" for Tract A, Trafford Pines Estates
be authorized for advertising of public hearfng July 24, 1979.
CAPRI WATER WORKS FRANCHISE EXTENSION REQUEST - ADVERTISING AUTHORIZED FOR
PUBLIC HEARING JULY 10. 1979
Commissioner Archer moved, seconded by Commissfoner Pistor and carried
unanimously S/O, that the Capri Water Works franchise extension request be
authorized for advertising of public hearing July 10, 1919.
RESOLUTION 79-93 ESTABLISHING STANDARDS AND REGULATIONS FOR PET SHOPS,
KENNELS, STABLES AND RODEOS - ADOPTED
County Manager Norman noted that this proposed resolution had previously
been brought before the Board and has since had minor changes incorporated into
it as recommended by the Board at that time.
Commissioner Wenzel moved, seconded by Commissioner Pistor, that Resolution
79-93 establishing the standards and regulations for pet shops, kennels, stables
and rodeos be adopted.
In response to Commissioner Archer, Mr. Gene Staudenmaier, Animal Control
Officer. stated that the local pet shop owners had supplied input into the
drafting of this resolution prior to the minor changes that have since been
incorporated. Commissioner Archer expressed concern that these people should
be given a change to review the reviseJ draft.
Upon call for the question the motion carried 4/1 with Commissioner Archer
dissenting.
*
*
..
*
*
, "......
DSS~
04 7 rj~~: !il
.
.
*
.,.
.,.
."
* ".
June 12, 1979
COUNTY MANAGER AUTHORIZED TO ENTER INTO NEGOTIATIONS WITH INTERNATIONAL
SYSTEI::;, INC. RE GRANTS ACO!.!lSITION PROGRAM
County Manager Norman stated that unsolicited proposals have been recei\
from the following firms for grants consulting services: Community Developml
of Miami, Inc., and, International Systems, Inc. He noted that International
Systems has been working for the County over the past several yearsi however,
the staff has recommended that the Board not renew its contract with ISI as
there had been no grants received during the prior year. Mr. Norman also
commented that it would be favorable to develop that staff's expertise in thi
matter in order not to have to hire a consultant firmi however, he referred 1
the fact that work. has just been completed by ISI on the final application tc
HUD for the Immokalee Community Development Block Program grant and felt that
the staff can make better use of the consultant firm in this area at this tirn
rather than having the staff try to match the consultant's expertise. Mr.
Norman further stated that there are reasons outlined in the Executive Summar
as to why he recommends that ISI be retained as the County's consultant firm.
After brief discussion, Commissioner Wimer moved, seconded by Commission
Pistor. that the Board authorize the County Manager to enter into negotiation
with International Systems, Inc., to prepare a final agreement for recommenda
to the Board at a total annual cost not to exceed $25.000. The motion was
carried 4/1. with Commissioner Archer dissenting.
BOARD APPROVES PROPOSED ORGANIZATION CHART AS PRESENTED BY COUNTY MANAGER
FOR DEPARTMENTS AND RELATED ACTIVITIES RESPONSIBLE TO THE COUNTY MANAGER
County Manager Norman presented a proposed organizational structure char1
which would consolidate the twenty-two departments presently under the County
Manager into the following six divisions: a) Human Services, b) Cultural/
Recreational Services. c) Community Development, d) Public Works, e) Public
Safety and f) Administrative Services. He further explained that each of the
above groups would be classified as an tloffice" the head of five of the six bE
called an "Administrator" and the Assistant County Manager would head up the
sixth group. '
....,
S64K 047 Raa" '63
cC~h 047 t'A~r 64
June 12, 1,979
. .
Commissio~~r Archer moved, teconded bY'C~tssioryer Pistor, that the Board
adopt the proposed organizational chart for Collier Count~ as outlined by the
County Manager.
Commissioner Wimer stated that he feels the Building Inspection Department
should be placed under the Division of Community Development rather than Division
of Public Safety as recommended. Commissioner Pfstor concurred with that
suggestion. Commissioner Archer commented this is merely a "proposed" chart and
may be changed in the future. The County Manager stated that he will take note
of this conccrn whcn hc brings b~ck his final recommendation to the Board.
Commissioner Wenzel suggested the organizational chart may be tried for a periOd
of six months at which time it may then be changed.
Upon call for the question the motion carried unanimously 5/0.
CHAIRMAN AUTHORIZED TO SIGN RESOLUTION 79-94 AND DEED CONVEYING COUNTY INTEREST
IN CANAL RIGHT-OF-WAY AT C.R. 951 TO STATE DOT AS REQUESTED FOR 1-75 ROAD RIGHT-
OF-WAY
County Engineer Clifford Barksdale stated that the County presently has a
deed to the right-of-way of the eastern side of C.R. 951 from Alligator Alley to
the canal and the DOT is requesting approximately 1900' of that from the Alley
northward.
Commissioner Wenzel moved, seconded by Commissioner Pistor and carried
unanimously 5/0, that Resolution 79-94 be adopted and that the Chairman be authorized
to sign the deed conveying the County interest fn the c~al right-of-way at
t.R. 951 to the State DOT as required for 1-75 road right-of-way.
..
..
..
.. .. ..
.. .. *
.. * *
.. .. *
.. ..
~~~~
June 12, 1979
'. ~
,
RiGHT-OF-WAY MAP FOR GOLDEN GATE BOULEVARD - ACC~PTED.FOR RECORDING
. I
Commissioner Archer moved, seconded by Commissioner Pistor and carried
unanimously 5/0, that the Board approve and accept for recordation the Right-
of-Way map for Golden Gate Boulevard.
Note: Map recorded in State Road Book 12, pages 7-14.
BOARD APPROVES SECURITY AND MAINTE~ANCE AGREEMENT WITH DEVELOPER OF LAKEWOOD
UNIT 5 AN~ AUTHORIZES SIGNING OF FINAL PLAT OF SAME FOR RECORDATION
County Engineer Clifford Barksdale stated that Lakewood Unit 5 was approved
by the Board in March, 1979 to be held for recordation until approved security
was provided to the County to complete the required improveroents which would
guarantee the maintenance for a one-year period. He stated there are a few
remaining items to be completed for which U.S. Homes has provided Maintenance
and Subdivision Bonds regarding same. Mr. Barksdale further stated the County
Attorney has reviewed the securities and the maintenance agreement.
Commissfoner Wenzel moved, seconded by Commissioner Wimer and carried
unanimously 5/0, that the Board approve the Security and Maintenance Agreement
for Lakewood Unit 5 and authorize the signing of the final plat of same for
recordatfon.
.
.
.
* . .
. . .
. . .
. * *
* *
*
ftGO~ ()~lr rAGE ~lr
June 12, 1979
MATTER REGARDING PEPPER FJSH CAMP - DELETED UNTIL J~LY 10, 1979
..,~~, ,
The Chair directed the item regarding Pepper Fish.Ca~p previously
. .
added to the agenda be deferred until July 10. 1979.
STAFF ORGANIZATION BASED UPON PRIME SPONSOR'S FINDINGS AS REC~~ENDED BY
CETA DIRECTOR - APPROVED
CETA Director James Meerpohl stated that he has been directed by the Stat
Prime Sponsor to comply with counseling assurance in their CETA contracts and
submitted a proposed organization and function chart requesting two (2) counse
evaluator positions be added to their staff.
The County Manager stressed that this would incorporate no cost to the
County.
Commissioner Pistor moved, seconded by Commissioner Archer and carried
unanimously 5/0, that the Board approve the proposed staff organization chart
as presented by the CETA Director.
FISCAL YEAR 1980 SPECIAL GRANTS PREAPPLICATION AS RECOMMENDED AND OUTLINED BY
CETA DIRECTOR - APPROVED
CETA Director James Meerpohl explained that the proposed Special Grants
preapplication is to revise and update an existing County Overall Economic
Development Plan as well as to identify areas of labor market expansion, areas
of training needs with private industry and to set up an Advisory Board existil
on a state level to provide to the CETA agent recommendations on the best way
to implement their programs.
Commissioner Pistor moved, seconded by Chairman Brown, that the Board
approve the submission of Fiscal Year 1980 Special Grants preapplication as
recommended by the CETA Director.
In regards to Commissioner Wimer's concern, Mr. Meerpohl explained that
the programs implemented by these special grants would be used to gear those
persons who are now receiving welfare assistance and/or other such type
assistance into specific training programs.
Upon call for the question the motion carried 4/1 with Commissioner WenzeO
dissenting.
June 12. 1979
COUNTY ENGINEER'S PROPOSAL TO COHSTRUCT SIDEWALKS ALONG THE EAST SIDE OF
WEST BOULEVARD - ACCEPTED
County Engineer Clifford Barksdale stated that the public petition is in
regards to the placement of a sidewalk on West Boulevard along the eastern side
of the roadway vs. the western side. He stated that a study has been made of the
area and pointed out that there is an open ditch along the west side of West
Boulevard which could create a safety hazard for children walking along that
side. He also stated that the cost is approximately $5,000 more to construct
the sidewalk along the wcstcrn side; he also referred to studie~ nlade outlining
the street patterns in the area and the number of driveways along certain streets
noting these also cause hazards with cars backing out onto th& sidewalks. Mr.
Barksdale also briefly routed the majority of the children's walk to the school.
Mr. Tom Ashman, resident of West Boulevard, submftted a printout which
outlined the reasons he thought the sidewalk should be placed along the west side.
He stated he is supported by the residents of the North Naples Civic Association.
The basis for their request is related to the safety of the children, namely,
the majority of the children going to the school come from the west side of
West Boulevard and they would be required to cross the street to walk to the
sidewalk and then cross back to the west side to get to the school. He also
pointed out there are more residences alon9 the east side which would create
a hazard due to the large volume of traffic from driveways crossing the sidewalk.
Mr. Mike Zewalk, North Naples Civic Association, reiterated Comments made
by Mr. Ashman regarding the safety factor of placing the sidewalk on the west
side of the street, referring to the number of residences on the east side as
compared to the west.
Commissioner Wimer, commenting that he had requested Mr. Barksdale to
re-evaluate this situation some time ago and noting that he is recommending
still that the sidewalk be constructed along the east side of West BOUlevard,
moved that the Board accept this recommendation. Chairman Brown seconded the
motion and it carried 4/1 with Commissioner Wenzel dissenting.
.. .
. . "~',
~~-~
_w~~
June 12. 1979
BOARD APPRO~ES AND AUTHORIZES C~'RMAH TO S.IGH CONTRACT FOR SERVICES
FOR TWENTY-TWO (22) SUMMER RECREATION SUPERVISO~ .
. I .
Commissioner Archer moved, seconded by Commissioner ~fstor and carried
unanimously 5/0, that the Chairman be authorized to sign the Contract for
Services for twenty-two (22) summer recreation supervisors.
. .
*
*
*
*
*
*
*
*
*
*
* * *
* . .
* * .
. . *
* . .
* .
.
June 12. 1979
$5.00 REGISTRATION FEE FOR SUMMER PROGRAM PARTICIPANTS - APPROVED
Commissioner Archer moved, seconded by Commissioner Pistor and carried
unanimously 5/0, that the Board approve a $5.00 registration fee for the Summer
Program participants.
RESOLUTION 79-95 RE PETITION PU-79-6-C BY WILLIAM COURTNEY REQUESTING PU(5)
OF "GRC" DISTRICT FOR A RESIDENCE IN CONJUNCTION WITH A BUSINESS ON LOTS 3 &
4. BLOCK B. VANDERBILT BEACH COMMERCIAL CElrrER LOCATED ON THE SOUTH SIDE OF
COMMERCE STREET - ADOPTED
Or. Npno Spagna, Director of Community Development, stated that this petitior
has been reviewed and recommended for approval by the CApe and all other required
County agencies with the stipulations as outlined in the Executive Summary. In
response to Commissioner Wenzel, Dr. Spagna stated that the petitioner wishes to
locate his residence above his business for security reasons.
Commissioner Wimer moved, seconded by Commissioner Wenzel and carried
unanimously 5/0, that Resolution 79-95 re Petition PU-79-6-C by William Courtney
requesting Pt:(S) or "GRC" ilistrict for a residence in conjunction with a business
on Lots 3 & 4. Block B, Vanderbilt Beach Commercial Center be adopted and that the
petitioner's agreement to stipulations regarding same be accepted.
*
*
*
*
* * *
* * *
. . * * *
* * *
I :. ~"." , * *
'. .
047~Q3' * *
IlIOt 'If
8CJ1I( 047 .108
June 12, 1979
.
RESOLUTION 79-96 RE PETITION PU-79-7-C BY K~NNETH 6 SANDY GRIGGS REQUEST FOR
PU(:) OF THE "t<M-2" DISTRICT FOR A CiHLD CARE C~TER ON LOT 12, BLOCK 116,
UNIT 4, GOLDEN GATE CITY LOCATED ON THE NE CORNtR OF CORO~DO BLVD, AND 50TH
TERRACE. 5.\01. - ADOPTED WITH STIPULATIONS . ~
Dr. Neno Spagna, Community Development Administrator, stated this petition
.
has been reviewed by the CAPC and other required agencies and has been'recommended
for approval subject to certain stipulations outlfned in the Executive Summary.
Mr. Kenneth Griggs, petitioner, stated that the property directly across the
street from the subject property is zoned Commercial, and, further, in reference
to the traffic problem raised, he noted that Coronado is a 4-lane street and there
will be truffic and noise generated from the commercfal area as well.
In response to Commissioner Pistor's concern, Mr. Griggs stated the
playground will have a five foot fence.
Commissioner Pistor moved, seconded by Commissioner Wenzel and carried
unanimously 5/0, that Resolution 79-96 re Petition PU-79-7-C by l<enneth & Sandy
Griggs for a child care center be adopted with the stipulations set down by the
CAPC and the staff and that the petitioner's agreement to said stipulations be
accepted.
.
.
.
.
* . .
* * *
* * *
. * *
. * *
* *
*
June 12. 1979
RESOLUTION 79-97 RE PETITION PU-79-8-C BY KAREN KERSEY REQUESTING PU(3) OF THE
"RM_IA" D1STRICT FOR CHILD CARE CENTER ON LOT 7, BLOCK 195, UNIT 6. GOLDEN GATE
CITY LOCATED ON THE EAST SIDE OF HUNTER BOULEVARD APPROXIMATELY 7 lOTS NORTH OF
23RD COURT, S.W. - ADOPTED WITH STIPULATIONS
Dr. Neno Spagna, Community Development Administrator, stated that this peti1
has been reviewed and recommended for approval by the CAPC as well as the requirl
County agencies with stipulations as outlined in the Executive Summary. He
mentioned that the CAPC had placed two additional stipulations on the petition il
that the hours of operation be from 7:00 A.M. until 6:00 P.M. and that the numbe!
of children be limited to 25.
Commissioner Pistor requested the petitioner reduce the area of the playgrol
in order to create a larger buffer area.
Commissioner Wimer moved, seconded by Commissioner Archer, that Resolution
79-97 re Petition PU-79-8-C by Karen Kersey requesting Provisional Use for a chil
care center be adopted with the stipulations set down by the CAPC and staff and
the petitioner's agreement to said stipulations be accepted. The motion carried
4/1 with Commissioner Pistor dissenting.
ecc~ 0(1 rAGE 118 ,June 12, i979
'. .
. .
'-..... I J
CHAIRMAN AUTHORIZE~ TO SIGN THE STANDARD FMHA AGREEMEN1 FOR ENGINEER~NG
SERVICES REGARDING THE COUNTY WATER/SEWER DISTRICT .. SOUTH HALF OF SEWER
AREA "B" (CH2M HILL)
Commissioner Wenzel moved, seconded by Commissioner Pistor and carried
. ,
,,' ,
unanimously 5/0, that the Chairman be authorized to sign the Standard FmHA
Agreement for engineering services by CH2M Hill regarding the County Water/Sewer
District, the south half of Sewer Area uBu.
...
...
...
...
...
...
...
...
...
",
... .. ..
... ... ...
... ... ...
... ... ...
.. ... ...
... ...
...
Jun. 12, 1979
CHAIRMAN AUT rfORIZED TO SIGN CI TV /~OUNTY WATER AGREEMENT MODIFICATION PERMITTING
TWO ADDITIONAL I~STER METER CONNECTIONS
Utility Director Irving Berzon stated that the developers of Kings Lake and
Lakewood Unit 17 are requesting that the County serve them with potable water
through master meters to be located at certain pOints in the projects as it will
prove to be more economical.
In response to Commissioner Wenzel, Mr. Berzon stated that Ted Smallwood,
consulting engineer, will be prOViding information on the rate schedule for
master meter connection charges.
Commissioner Wimer moved, seconded by Commissioner Wenzel and carried
unanimously 5/0, that the Chairman be authorized to sign the City/County Water
Agreement modification permitting two additional master meter connections.
."
."
."
."
."
."
."
." ." ."
." ." ."
." ." ."
I'
." ." ."
.' .
." ." ."
047 i'ACE 127 . ' .......,
ecc~ .,. ."
."
ZDOl 04.'/ ..,13Q
June 12, 1979"
'.
CHAIRMAN AUTHnRIZED TO SIGN STA~DARD FMHA ~GRlEMENT FOR ENGINEERING SERVICE
REGARDING WILLOUGHBY ACRES WATER AND SEWER IHPQO~EHEH1S (WILSON, HILLER, BARTON,
SOLL & PEEK) .
Commissioner Wimer moved, seconded by Commissioner Wenzel and carried
unanimously 5/9 that the Chairman be authorized to sign the Standard FmHA
. ,
Agreement for engineering services by Wilson, Hiller, Barton, Soll i'Peek, Inc.,
regarding Willoughby Acres Water and Sewer Improvements.
**Note - Complete Agreement on file in Clerk of the Board's office.
*
*
*
*
*
.
*
*
*
-,
. * .
. . *
. * *
. . *
* * *
* * *
* *
*
eCCK 04-7 PACE134
June 12, 1979
'.
BOARD AUTHORIZES FINAL PAYMENT IN THE AMOUNT 0~~$19,t96.00 TO RUSSELL & AXON/
SMALLY, WELFORD & NALVEN, INC., CONSULTANTS, FOR THEIR'S~RVItES IN THE PREPARATION
OF THE 201 FACILITIES PLAN
Commissioner Wimer moved, seconded by Commissioner Wenzel and carried
. ,
.. .
unanimously 5/0, that the Board authorize the final payment in the <<mount of
$19,196.00 to Russell & Axon/Smally, Welford & Nalve", Inc., consultants, for
their services in the preparation of the 201 Facilities Plan.
CHAIRMAN AUTHORIZED TO SIGN STANDARD FMHA AGREEMENT FOR ENGINEERING SERVICES RE
MARCO SEWER PHASE I IMPROVEMENTS (WILSON. MILLER. BARTON, Sell' PEEK. INC.)
Commissioner Wimer moved, seconded by Commissioner Wenzel and carried
unanimouSly 5/0, that the Chairman be authorized to Sign the Standard FmHA
Agreement for engineering services by Wilson, Miller, Barton, Soll , Peek, Inc.,
regarding the Marco Sewer Phase I improvements.
In response to Commissioner Wenze'.s concern, Mr. Berzon stated that the
appraisal for the Marco Sewer Utility plant has been completedi however, the
appraisal on the Isle of Capri has not been completed at this time. He further
stated that a workshop is scheduled for these matters later in the summer.
Note - Complete Agreement on file in office of Clerk of the Board.
*
*
*
*
*
* * *
* * *
.. .. *
* .. ..
* *
..
f)M( 047 NAsS
June 12, 1979
ROUTINE BILLS - AUTHORIZED FOR PAYMENT' ",'.
L...... , . ;
Following Fiscal Officer Harold Hall's statementtha:t t~e bills being
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 June 6. 1979 through June 12, 1979:
FUND
General Revenue
Immokalee MVI
Road & Bridge 12
CETA
Sewer District 'tA" Revenue
Specib1 Road Assessments
BCe Payro 11
County Water Supply
Systems Div. Clearing
WARRANT NOS.
7703 - 7961
2
23
13
33
9
832 - 1245
7 & 8
23 - 29
BUDGET AMENDMENT 79-95 RE TRANSFER OF FUNDS TO COVER COST OF FOUR NEW GROUNDS-
KEEPER POSITIONS - ADOPTED IN THE AMOUNT OF $11.180
Commissioner Archer moved, seconded by Commissioner Wenzel and carried
unanimously 5/0, that Budget Amendment 79-95 involving a trAnsfer of funds to
cover the cost of four new grounds keeper positions be adopted in the amount of
$11.180.
""
*
*
*
* * *
* . *
* * ""
* * *
. * *
* *
*
. t t ~
~c~~
047 PAGE 140
June 12. !979
. ..
BUDGET AMENDMENT 79-96 TRANSFERRli,G FUNDS Ta PRallI!)! fOR SALARY FOR ASSISTANT
COUNTY ATTORNEY - ADOPTED IN THE AMOUNT OF S2.2~0 . "
I; 1 .
Commissioner Wenzel moved, seconded by Commissfoner Pistor and carried
unanimously 5/0, that Budget Amendment 79-96 transf.rr~ng funds to provide
, "
," . .
moneys in salary account to pay for the fncreased salary necessitate~ by the
hiring of the Assistant County Attorney be adopted fn the amount of $2,270.
."
."
."
."
."
."
."
."
."
"
."
." ." ."
." ." ."
." ." ."
." ." .
." *' *'
." ."
."
~c~~ 047 PAGE 142.
June 12, 1-979
.
'\ .
BUDGET AMENDMENT 79-97 TRANSFERRING FUNDS TO ph~IDi ~OR IN-KIND CONTRIBUTIONS
FOR JOB CLASSIFICATION AND PAY PLAN STUDY - ADOPTED 'IN-THE AMOUNT OF $1.600
Commissioner Wenzel moved, seconded by Commissioner Pistor and carried
4/1 with Commissioner Wimer dissenting, that Budget Amehdment 79-97 tr~~sferring
"
funds to provide for in-kind contributions for Job Classification and Pay Plan
Study be adopted in the amount of $1,600.
."
."
."
."
."
."
."
."
."
. ." ."
." ." ."
." ." ."
." ." ."
." ." ."
." ."
."
,f. ~ , ~
ecc~ 047 PACE 14+
June 12, 1919
.
'\ .
BUDGET AMENDMENT 19-98 TRANSFERRING FUNDS TO ObNTRACTUAL SERVICES TO,MORE
CORRECTLY REFLECT EXPENDITURES FOR RENTAL OF UNIFORMS.~.~OOP~EO INTH[ AMOUNT
OF $975.
Commissioner Archer moved, seconded by Commissioner Pistor and carried
, . .f
'" ,. .
unanimously.5/0, that Budget Amendment 19-98 transferring funds to Contractual
Services to more correctly reflect expenditures for the rental of uniforms for
the Engineering Department be adopted in the amount of $975.
*
*
*
*
*
*
*
*
*
*
* * *
* * *
* * *
* * *
* * *
* *
.
fj6lJI<. 0+7 ~4S
June 12. 1979
BUDGET AMENDMENT 79-99 TRANSFERRING FUNDS FOR~PURCHASE OF CABINET _ ADOPTED IN
THE AMOUNT ~F $3.000 ~, . . ;
. .~. ,
Commissioner Wimer moved, seconded by Commissioner Pist6r and carried
unanimously 5/0. that Budget Amendment 79-99 tranSferring funds for the purchase
.
of a cabinet for the Word Processing Department be adopted in the amount of
$3,000.
*
*
*
*
*
*
*
*
* * *
* * *
* * *
* * *
* * *
* * *
* *
*
~ 04-7 ,.148
June 12. 1979
,
.
. .'
BUDGET AHENCMENT 79-100 TRANSFtRRr~G FUNOS FO rlt'c 6~ED COSTS OF COMMUNICATIONS
FOR PUBLIC DEFENDER - ADOPTED IN THE A1<<>UNT OF 00 . .
. . i;' -
Commissioner Wenzel moved, seconded by Commissioner P1stor and carried
unanimouSly 5/0, that Budget Amendment 79-100 transferr,ing funds for increased
. ,
costs of communications for the Public Oefender be adopted.1n the amount of
,
$1,000.
'*
.
.
.
.
'*
.
.
.
.
* . *
* . *
* . .
'* . .
* . .
* *
'*
~co~ 047 f/l~f1.5'O
June 12, 1979
.
CHAIRMAN AUTHORIZED TO SIGN AGRFEMENT SETW~N~BOARD OF COUNTY COMMISSIONERS
AND MARCO ISLAND FIRE CONTROL DISTI<tCT l-. I · J
Commissioner Pistor moved, seconded by c~1ssione~ ~en~el and carried
unanimously 5/0, that the Chairman be authorized to sign an Agreement between
,
the Board of County Commissioners and the Marco Island Fire Control District.
.
."
."
."
."
."
."
."
."
."
."
." ." ."
." ." ."
* ." ."
* ." ."
." ." ."
." ."
."
".... QJ." 1""~t"&rA
L~~^ ~, H~ ~~
June 12, 1979
CHAIRMAN AUTHORIiED TO SIGN CONTRA~T ~ITH flORIDA DEPARTMENT OF OFFENDER
REHABILITATION TO PROVIDE SUPERVISION SERVICESl,.._ . . .
.
. ..., ~
Commissioner Wenzel moved, seconded by Commissioner 9istor'and carried
unanimously 5/0, that the Chairman be authorized to Sign the contract with the
.
Florida Department of Offender Rehabilitation to prOVide s~pervisiofhsefvices
as previously authorized by the Board.
*
*
*
*
*
*
*
*
*
*
*
* * *
* * *
* * *
* * *
* * *
* *
*
June 12. 1979
CLERK AUTHORIZED TO PAY ROUTINE BILLS DURING THE THREE WEEKS THE BOARD IS
ON VACATION
Commissioner Archer moved, seconded by Commissioner Pistor and carried
unanimously 5/0, that the Clerk be authorized to pay the routine bills during
the three weeks while the Board is on vacation.
STATUS REPORT PROVIDED BY THE FISCAL OFFICER RE NOTIFICATION OF RECEIPT OF
PROPERTY APPRAISER'S BUDGET BY THE DEPARTMENT OF REVENUE
Fiscal Officer Harold Hall reported that the Department of Revenue has
received the Property Appraiser's budget and has so notified the Board that any
comments they wish to make about the budget should be received by July 15, 1979.
FISCAL OFFICER NOTES THAT THERE IS NO BUDGET AMENDMENT NECESSARv TO PROVIDE
FUNDS FOR CUSTODIAN POSITION AS REQUESTED BY THE BOARD
Fiscal Officer Harold Hall noted that the Board had previously directed that
a budget amendment be prepared for the change in a custodian positioni however,
it is not necessar~ to prepare a budget amend~nt for this purpose.
,.
FISCAL OFFICER AUTHORIZED TO WORK WITH SOCIAL SERVICES DIRECTOR IN SUBMITTING
REVISION OF GRANT TO HOMEMAKER'S SERVICES
Commissioner Wimer moved, seconded by Commissioner Pistor and carried
unanimouSly 5/0, that the Fiscal Officer be authorized to work with the Social
Services Director in submitting a 'revision of a grant to HOmemaker's Services.
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
RECESS: 12:00 Noon until 1:30 P.M. at which time Deputy Clerk Pantano
was replaced by Deputy Clerk Brenneman.
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
CERTIFICATES OF CORRECTION TO TAX ROLL - APPROVED FOR CHAIRMAN'S SIGNATURE
Commissioner Wenzel moved, seconded by Commissioner Pistor and carried
unanimously 5/0, that the following Certificates for Correction on the Tax Rolls
be appr~v~d~and that 'the Chainman be authorized to sign same:
1978 Tax Roll .
. I _'
NOS.
556 - 564
DATE
5/17/79
.. .' -."
&s'I< ()4. '7 1WE1S1
et~\ ~ rk~t~ .
June 12, 1979
.
.
BOARD AUTHORIttS APPROPRIATION OF $~OO TowARD~FOURTH OF JULY PARADE EXPENSES
FOR CURRENT YEAR ONLY";'" . .'
.' ,
Following brief discussion, Commissioner Archer moved, seconded by Commissioner
Wimer and carried 5/0, that the request for a contribution to assist in defraying
. , .. ,I
the costs of the Fourth of July Parade. as contained in the letter dhted May 29, 197
from the Parade Committee, be denied.
Later in the session, it was noted that a representative of the Committee was
in attendance and the Chairman called upon him to address the Board. Mr. E.T. Briss,
explained that various veteran's organizations were taking the leadership in the
. holiday celebration with the intention of making it a permanent part of the Naples
Fourth of July observation; however, although it is expected t~at the parade will
perpetuate itself, there is a necessity for "seed" money to defray the costs of
incorporation proceedings, advertising, and the like. County Attorney Pickworth
advised the Board that a contribution of this kind would be a legal expenditure oy":
the Board.
Commissioner Pistor moved that the earlier action by the Board in denying the
request be rescinded, and that the Board authorize an expenditure of $500 towards
the Fourth of July Parade expenses for the current year only. The motion was
seconded by Commissioner Wenzel and unanimously carried 5/0.
During the discussion, Mr. Brisson observed that, hopefully, this year will
be the last time a request for funds will be necessary.
REQUEST FOR REPAIRS TO IMMOKALEE PARK FACILITIES - REFERRED TO COUNTY MANAGER FOR
COORDINATION WITH THE PARKS AND RECREATION ADVISORY BOARD
Administrative Aide to the Board ~~ry Morgan noted the receipt of a letter from
David Koon, President of the Immokalee Rotary Club, dated June 5, 1979, requesting
that funds be provided for rebuilding and enlarging the barbecue pit building,
repairs on restrooms, and for fencing the entire grounds at the Immokalee Park. It
was the consensus of the Board that matters of this kind should be brought to the
attention of the Parks and Recreation Advisory Board and staff.
Commissioner Wimer moved, seconded by Commissioner Wenzel and carried 5/0,
that the matters of repair to the Immokalee Park facilities be referred to the Count)
Manager for coordination with the Parks and Recreation Advisory Board.
Juni 12, 1919
BOARD DIRECTS COUNTY MANAGER TO PROVIDE FOR OVERALL 1% SALARY INCREASE,
. DISTRIBUTION Tv BE DETERMINED BY SUB~EOUENT STUDY ,
Administrative Aide to the Board Mary Horgan direct~d the Board's attention
I
to the memorandum dated June a, 1979 from the Board Chairman concerning a uniform
wage adjustment for all employees and suggesting that appropriate direction should
be given to the staff to be incorporated into their budget preparations,
Commissioner Wenzel moved, seconded by Commissioner Pistor, that the Board
approve a uniform wage adjustment. No action was taken on the motion.
County Manager Norman explained that there is a classification and pay plan
survey presently underway and, if the employees get the idea that everyone is
going to receive a 7% un.iform pay increase, it could be difficult to implement
the new plan. He expressed. agreement on a 7% adjustment but as an average rather
than uniform.
Commissioner Wenzel moved to follow the County Manager's recommendation and
authorize a maximum 7% wage increase overall, the distribution of which would be
up to his judgement. The motion was seconded by C~mm~ssioner Pistor.
Fiscal Officer Harold Hall reviewed the action taken by the Board the previous
year wherein there was a 5% uniform wage adjustment for everyone with 2~% in total
payroll set aside for merit increases. He said that it would be helpful if the
Board would direct that 7% of the current regular salary figure be put in a special
contingency line item within each fund that will become part of the budget
presented to the Board on July IS, 1979, the distribution of which to be resolved
1 a ter.
Commissioner Pistor pointed out that he had written a memorandum on the same
SUbject wherein he proposed a uniform 7% wage adjustment and that a certain
percentage of the total salary budget be set aside for merit increases.
Following further brief discussion, the Chairman called for a vote on the
motion on the floor which car.ried 3/2 with Commissioners Brown and Pistor voting in
. ..
oppositibh; Chairman Brqwn expressed the opinion that the matter be placed on the
agenda and resolved by the combined discretion of the Board and the County
Manager.
. '
I "
, ! --,
"
h' ."
..lo.,,",
04-7 ~m159
cc~~ O~7 ;:A~t1S0
June 12. 1979
.
.
. .'
CHAIP.MAN AUTHOR!ZED TO EXECUTE CO~T~~T RE ACC~PlANCE.OF M701" COMPREHENSIVE
PLANNING ASSISTANCE GRANT ':' I · ,
. .~ I .
Administrative Aide to the Board Mary Horgan advisid that a communication
dated June 6, 1979 has been received from the Department of Community Affairs
. ,
, ..
indicating that the County's final application for :701M Comprehensive Planning
Assistance has been recommended for funding. She said that the contracts
pertaining to same will be prepared and submitted to the County by the Department
of Community Affairs by July 1, 1979 and that since there will be no Board meetings
until July 10. 1979. it is necessary for the Board to authorize the execution
-of these contracts at this time.
Commissioner Pistor moved, seconded by Commissioner Archer, that the Chairman
be authorized to sign the subject contracts.
Commissioner Wenzel inquired if there is any expenditure involved with
County Manager Norman explaining that there is a match involved but that it is
in-Idnd.
Upon call for the question, the motion carried 4/1 with Commissioner Wenzel
voting in opposition.
BOARD AUTHORIZES CHARGE OF $4.00 PER COpy OF FLOOD DAMAGE PREVENTION ORDINANCE'
Administrative Aide to the Board Mary Morgan pointed out to the Board that,
during the discussion pertaining to the Flood Damage Prevention Ordinance earlier
during this session, one of the items the Board did not take action on was the
charge for copies of the ordinance for anyone desiring a copy. A charge of $4.00
per copy has been suggested, said Mrs. Morgan.
Commissioner Archer moved, seconded by Commissioner Wimer and carried 4/1
with Commissioner Pistor voting in opposition, that a charge of $4.00 per copy
be made for the Flood Damage Prevention Ordinance.
Commissioner Pistor commented tha~ in his opinion, $4.00 was not sufficient
to cover thp r.ost.
"un. 12. 1979
COUNTY ATTORNEY AUTHORIZED TO EXECUTE NECESSARY DOCUMENTS RE GRANT AGREEMENTS
DURING ABSEN~t OF CHAIRMAN AND ~IC:-CHAIRMAN
Commissioner Wenzel moved, seconded by Commissioner Pistor and unanimously
carried 5/0, that the County Attorney be authorized to execute documents, when
necessary, pertaining to grant agreements during the absence of the Chairman
and the Vice-Chairman for the duration of the vacation period.
RESOLUTION 79-98 CORRECTING LEGAL DESCRIPTION OF VACATED LOTS IN KIRKWOOD LAKE _
ADOPTED
County Attorney Pickworth explained that the Resolution 79-44 which the Board
adopted preViously with regard to the vacation of part of a number of plats in the
Kirkwood Lake area, off tinwood Avenue, did not contain sufficient legal descriptio!
to completely vacate Lhe lake. Therefore, said Mr. Pickworth, a new resolution
has been prepared which vacates portions of the subject plat as shown on the subjec~
resolution. He noted that the new legal description will have to be published
in the newspaper.
Commissioner Archer moved, seconded by Commissioner Pistor and unanimously
carried 5/0, that Resolution 79-98 correcting the legal description of vacated
lots in the Kirkwood Lake area be adopted.
*
*
. I,
. ./ *.' *
.
I "...,
. ,
" .
." ."
i~l;t161 ." ."
l'~~:'", 04-7 -It
*
*
Jun. 12. 1979
BOARD APPROVES ACCEPTANCE OF DEED FOR 10' RIGHT-OF-WAY RE CERTAIN PINE
~TREET PROprRTY '
County Attorney Pickworth explained that the County originally planned
to have a 60' right-of-way. 30' on either side of the subdivision plat line,
on Pine Street, in the vicinity of Chubby's Tavern on Linwood Avenue. However,
said Mr. Pickworth, the right-of-way on the one side was provided but the 30'
on the other side was never given, noting that the property has since been
developed and there is not enough room for the street. He said that the owners
of the aforementioned establishment have agreed to deed to the County a 10'
strip ~ll along the subject property which will give the County suffIcient ro~n
for the paving and the associated drainage whfch is needed. In return for
this, he continued, they are requesting the right to pave a 10' strip from their
existing parking area over to the new paved street, noting that the owners are
donating to the County at no cost land which the County wants. Mr. Pickworth
said that the proposal might not be in strict accordance with the Zoning Ordinance
'but that, following review by the Zoning Department, "they have no problem with
it".
Commissioner Wenzel moved, seconded by Commissioner Pistor and carried
unanimou~ly 5/0, that the 10' ,right-of-waY,deed, under the conditions outlined
by the County Attorney, be accepted.
**Note: Deed not received as of June 14, 1979.
ORDINANCE 79-41 ESTABLISHING THE COLLIER COUNTY LAW LIBRARY - DECLARED EMERGENCY
AND ADOPTED. UPON ADVICE OF COUNTY ATTORNEY
County Attorney Pickworth explained that this year the Legislature enacted a
Special Act repealing a number of old Collier County Special Acts which have been
on the books for a number of years. He said that'the County is in the process of
replaCing many of these Acts with ordinances which can be done locally. One of the
Acts repealed, ,he co~tinued..is the one which established the Collier County Law
. ~
Library which he said is.being replaced with the proposed emergency ordinance. He
said that, due to change in administrations in the Bar Association, approval of the
ordinance could'not'be;ohtatned in time to advertise it and put it into effect prio
. I ~~
,
. .
~C)~
~~~
~M1~6+,
~ ~une 12, 1979
.
l.-.. I . J
to the enactment of the aforementioned Special Act wh1ch'~fs tluly 1 ~ 1979 and
there would be a period of time during which the Clerk would have no legal authority
to collect fees to be used for this purpose. ~'~.
.
Commissioner Pfstor moved that an emergency exists. and for'adoption of
Ordinance 79-41, an entitled below upon the advice of the County Attorney. The
motion was seconded by Commissioner Wenzel and unanimously carried 5/0, whereupon
the subject ordinance was adopted and entered into Ordinance Book No.9.
Mr. Pickworth explained the reasons why restrictions have had to be placed
on the use of the books in the Law Library, noting that they are available for
public use, but that they cannot be checked out except by attorneys and then
only for use within the Courthouse.
ORDINANCE 79 - !L-
AN EMERGENCY URDINANCE OF COLLIER COUNTY,
FLORIDA FLORIDA PROVIDING FOR THE ESTAB-
LISHMENT AND MAINTENANCE OF A COUNTY LAW
LIBRARY IN COLLIER COUNTY; DECLARING THE
ESTABLISHMENT AND MAINTENANCE OF SAID
LIBRARY TO BE A PUBLIC NEED AND FOR A
GENERAL COUNTY PURPOSE; PROVIDING FOR THE
MANNER OF RAISING FUNDS AND THE EXPEND-
ITURE OF SAID FUNDS FOR SAID LIBRARY; PRO-
VIDING FOR THE ESTABLISHMENT OF A SPECIAL
COLLIER COUNTY LAW LIBRARY FUND TO BE
ADMINISTERED BY THE CLERK OF THE CIRCUIT
COURT; PROVIDING FOR A BOARD OF TRUSTEES
TO MANAGE SAID LIBRARY AND TO PRESCRIBE
AND ENFORCE RULES AND REGULATIONS PER-
TAINING TO SAID LIBRARY; PROVIDING FOR THE
APPOINTMENT OF THE CHAIRMAN OF THE BOARD
OF TRUSTEES BY THE PRESIDENT OF THE COLLIER
COUNTY BAR ASSOICATION; PROVIDING FOR
METHODS OF PURCHASE OF SUPPLIES FOR SAID.
LIBRARY, INCLUDING INSTALLMENT PURCHASES
AND OTHER CONDITIONAL SALES; PROVIDING
THAT ALL PROPERTY IN ANYWISE ACQUIRED FOR
SAID LIBRARY BE DEEMED TO BE HELD AND
USED AS A CHARITABLE PUBLIC TRUST AND
EXEMPT FROM ALL TAXATION; PROVIDING RULES
AND REGULATIONS; REPEALING CHAPTER 61-2039
LAWS OF FLORIDA AND COLLIER COUNTY ORDI-
NANCE NO. 77-46; DECLARING AN EMERGENCY
EXI.STS AND PROVIDING AN EFFECTIVE DAT~.
June 12. 1979
BOARD APPROVES TRANSFER OF SOLID WASTE COLLECTION FRANCHISE FROM YAHL BROTHERS
DISPOSAL, INC. TO WASTE MANAGEMENT. INC. OF FLORIDA, YAHL BROTHERS DIVISION; NEW
FRANCHISE A~REEMENT, AS AMEND~D . APPROVED FOR CHAIRMAN'S SIGNATURE; APPROPRIATION
OF UP TO $3.000 FOR EMPLOYMENT OF CONSULTANT. APPROVED
County Attorney Pickworth explained that the proposed Franchise Agreement.
copies of which were preViously distributed, between the Board and Waste Manage-
ment, Inc. of Florida, Yahl Brothers Division is essentially self-explanatory.
He noted that one correction must be made in the legal description of the area to
be served. that being the Municipality of Everglades City should be listed under
the exceptions noted in the description. He said that. the only matter left to
be determined is the rates, inClUding the method of computing such rates. He
said that the current rate schedule under which Yahl Brothers Disposal. Inc. has
"
been operating will remain in effect until a new rate schedul. has been adopted
by the Board.
During the discussion which followed, it was suggested by Attorney George
Vega. representing WMI of Florida, that the term of the Franchise be extended for
In additional year beyond the expiration of the present Franchise, that being
July 29, 1984, for the reasons that negotiations have been ongOing for this
additional period of time. Mr. Pickworth offered no legal opposition to the
request. Commissioner Wenzel commented that the minutes should reflect that
the date of June 12, 1979 was the date, ~he Franchise was drafted and approved.
The matter of establishing a proposed rate schedule was reviewed and it was
suggested that the consultants confer on the schedule and methodology of deter-
mining rates, possibly returning to the Board on July 24. 1979 with their
proposal, following which the subject could be scheduled for a public hearing
sometime in August of this year. County ~~nager Norman noted that the County's
consultants have not been contacted regarding a proposed date but it was his
opinion that the proposed date of July 24. 1979 would be possible.
Commissioner Wenzel moved for approval of the Franchise Agreement between
the Board, of County Commissioners and Waste Management, Inc. of Florida, Yahl
,. ,
,. . f
Brothers Division, effective June 12, 1979. as amended. The motion was seconded
by Commissioner .Pis:or.. "At Mr. Pickworth's suggestion, Commissioner Wenzel amended
tI ,. .
his motion,' and Commission~\ P~9r his seconding therof, to include the expiration
'. ~
~ 047 ~65'
~cc~
047 fAGF166
JUnft 12, 1979
-
date of July 29, 1985. Upon call for lhe ~e~tion ~he motion carried
l,.." I ; .
,
unanimously 5/0. '. .' . ,
., ,
Commissioner Archer moved. seconded by Commissioner Pistor and unanimously
carried 5/0, that the Chairman be authorized to execut~ the aforementi~~ed
.. '
Franchise Transfer Agreement. ,
The necessity for hiring a consultant who is knowledgeable with regard to
solid waste collection fees and rate-makfng expertise was deliberated upon with
Mr. Pickworth pOinting out the differences between water-sewer rate-making, which
he said is a fairly straight-forward type of determination based upon return
on invested capital, and the like, and rate-making with regard to solid waste
operations about which there are few guidelines to follow. He commented that
rates must be established which are fair to the franchisee and, at the same
time. protect the citizenry against price-gouging. It was explained by County
- . .' ". . . . . , .
Manager Norman that franchises include a franchise fee which is deSigned to .'
provide the County with the resources needed to hire consultants to supervise
the work the franchise is doing. In effect, said Mr. Norman, the consulting fee
wl1.1 be paid for through a portion of the rates.
Commissioner Archer moved, seconded by Commissioner P1stor, that an
appropriation of up to $3,000 be authorized for the purpose of obtaining the
expertise of a consultant with regard to solid waste collection fees and
methodOlogy for determining such rates. Motion carried 4/1, with Commissioner
Wimer dissenting.
*
*
*
* * *
* * *
* . .
. * *
* .
..
June 12, 1979 .
BOARD APPROVES REMOVAL OF OFFICE IN BUILDING "C" FORMERLY ASSIGNED TO REPRESENTA-
TIVE HAWKINS. AND DIRECTS STORAGE OF MATERIAL REMOVED
County Manager Nonman advised the Board that additional space is needed in
Building "C" to accommodate the periodic congestion in the hallways between the
Tax Collector's operations and that of the Property Appraiser. He said that it
is unfortunate that the available office space will be losti however, he said
that the need for additional space must be respected and the problem acknowledged.
Commissioner Wenzel observed that the particular office space could be used by
one of the departments not needing a large office and suggested that by proper
arrangement of waiting lines the congestion could be alleviated and separated
between the two aforementioned operations. Commissioner Pistor commented that
some of the pressure is being removed from the licenSing transactio"~ due to
the branch office located on Marco Island.
Property Appraiser Colding explained the need for the space noting that
in the months of January and February, in particular, he will have thousands of
people coming in with regard to Homestead exemptions, and the like, and that at
times the hallway is impassable due to the congestion. He said that it would be
in the best interests of the taxpayers if In attempt is made to provide more
open space in the hallway which could be accomplished if the small office is removed.
Commissioner Wenzel pointed out that an efficiency expert is being
consulted to review the entire government complex and report back to the Board
with his recommendations, fOllowing which Commissioner Archer suggested that the
office be taken out and the materials stored in the event the partitions are needed
as a result of the space study.
Commissioner Wimer moved, seconded by Commissioner Archer. that the subject
office be removed and that the removed materials be stored for possible future
use. Following a roll call vote, the motion carried 3/2 with Commissioners
Wenzel and Pistor voting in opposition.
"
COUNTY MANAGER INSTRUCTED TO RESTRICT THE USE OF THE COUNTY HELICOPTERS TO THE
SHERIFF'S DEPARTMENT FOR EMERGENCIES. OR BY AUTHORIZATION OF THE BOARD
Commissioner Wenzel moved that the County Manager be instructed to ground
. '. I. . ,- '.
the helicopters and not use .th~,xcept for the use of the Sheriff's Department for
,
'. '
~ 041 ~g
cC~~
047 i\~~t19O
June 12, 1!)7!)
.
emergencies ~r by authorizatior. of the Boa~.'tCommiS$ioner P1stor seconded
~~~. f .
the motion which carried 3/2 with Commissioners' Arc~er...rjt1 BroWI) voting in
opposition.
, . . ,.I'
".f
VOTING PRECINCT NUMBERS FOR SHERIFF'S DEPUTIES MESLER, SPENCER, JR.;AND
STIER - FILED FOR THE RECORD .
In compliance with Florida Statute 30.08, the fOllowing Voting Precinct
numbers of Deputy Sheriff's were submitted by Sheriff Aubrey Rogers and filed
for the record:
1. Fred L. Meslp.r - Precinct No. 36
2. George Colt Spencer, Jr. - Precinct No. 13
3. Steven Andrew Stier - Precinct No. 17
MISCELLANEOUS CORRESPONDENCE - FILED AND/OR REFERRED
There being no objection, the Chair directed that the following correspondence
be filed and/or referred to the various departments as indicated:
I. Memc~andum ~ated June 7, 1979 from Administrative Aid~ Mary Morgar. to
the Board regarding the status of the funding for Tigertail Beach Park.
as provided by Representative Mary Ellen Hawkins - Filed.
2. Communication dated May 14, 1979 from Charlotte Williams, President,
NACo, transmitting questionnaire with regard to Revenue Sharing - xc
Fiscal Officer for response; and filed.
3. Letter dated June 5, 1979 from George Vega, Jr., Attorney for Waste
Management, Inc. of Florida, with regard to firm's merger with Yahl
Brothers, Inc. - Filed.
4. Memorandum dated May 31, 1979 from County Manager with reminder that the
lease agreement between the BCC and FmHA Office in Immokalee will require
that $3.000 be placed in the appropriate account to provide office space
for SUbject office - xc Fiscal Officeri and filed.
5. Notice dated June 4, 1979 from Senator Lawton Chiles that his Assistant
will be in the area on June 14, 1979 - Filed.
6. Memorandum dated June 5, 1979 from Ernest Urassa, Program Administrator,
Balance of State, re reporting of PSE enrollment on weekly basis _ xc
A. James Meerpohl; and filed.
7. Notice dated June 6, 1979 from George W. Woerner, Program Manager, State
Energy Office. indicating that prior information sent out contained an
error - xc to County Manageri filed.
8. Notice dated May 21, 1979 (received June 8, 1979) from Paul J. Traina,
Director, Water Division, EPA, regarding payment to contractors re EPA
Grants - xc Utility Director, and County Engineeri and filed.
ec~~ 041 fAGEiS2.
June 12, 1979
~
. .~ "
25. Notice of Filing of ~ppl1cat1on for ~Jrt1f1cate of PUb11c
Convenience, Docket No. 790387-KC, re.Tohy Port~r Chrysler-Codge,
Inc. in Fernandina Beach - Filed. . .~,; r ~ ',' '
26. Copy of Division of Retirement's Annual Report for period 7/1/77
through 6/30/78, prepared by Dept. of Adm1ni~tration - xc Finance
Department; original filed for the record. _" r-
~. .
27. May, 1979 Monthly Reports from: (Filed)
a. Word Processing Center
b. Building Department
c. Golden Gate Fire Department
28. Copy of letter dated May 17, 1979 from Director, Homemakers Service
of Collier County, to Executive D1rector,Area Agency on Aging, trans
mitting corrected copies for Request for 'Payment of Funds, 3/1 - 3/31
and corrected copies for period 6/1 - 6/30/79; and enclosing request
for Payment of Funds for period 7/1 . 7/31/79 - Filed.
29. Copy of letter dated June 4, 1979 from John D. ~ields, State IPA
and Awards Coordinator, Division of Personnel, to County Manager re
Intergovernmental Personnel Act grants being made this year - Filed.
30. Letter dated June 6" 1979 from Joan M. Heggen, Oepartment of Communit;
Affairs, confirming that "701" certification application meets HUD
certification requirements. Filed.
*
*
*
*
*
*
*
1<
*
*
*
1<
1<
1<
1<
1<
There being no further business for the good of the County, the meeting
was adjourned by order of the Chair - Time: 2:45 P.M.
BOARD OF COUNTY COMMISSIONERS/EX
OFFICIO OF GOVERNING BOARD(S) OF SPECIAL
DISTRICTS UNDER ITS CONTROL
~~----
.....
'"
<
,
,
~
"f ..,'
. , ..1