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BCC Minutes 07/31/1979 R Napl.s. F~or1da. July 31, 1979 LET IT BE REMEMBERED, th3t the Board of County Commissioners in and for the County of Collier, and also acting .. the Governing Board(s) of such special districts as have been created according to law and having conducted business herein, met on this date at 9:00 A.M. in Regular Session in Building "F" of the Courthouse Complex with the following members present: CHAIRMAN: David C. Brown. VICE-CHAIRMAN: Clifford Wenzel John A. Pistor C.R. "Russ" Wimer Thomas P. Archer ALSO PRESENT: William J. Reagan, Clerk, Harold L. Hall, Chief Deputy Clerk/Fiscal Officer. Edna Brenneman, Deputy Clerk. C. William Norman, County Manager. Anthony Pires, Assistant County Attorney, Donald Pickworth, County Attorney (9:30 A.M.). Neno Spagna, Community Development Administrator. Irving Berzon, Utility Director. Clifford Barksdale, County Engineer. Martha Skinner, Social Services Director. Mary Morgan, Administrative Aide to the Board, and Deputy Chief Raymond Barnett, Sheriff's Department. lli!!QA BOARD OF COUNTY COMMISSIONERS FINAL AGENDA July 31, 1979 NOTICE: ALL PERSONS SPEAKING ON ANY AGENDA ITEM MUST P,sGISTER PRIOR TO THE ITEM BEING HEARD. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED TO THE COUNTY MANAGER AT LEAST ONE WEEK PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS" AT 11:00 A.M. 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF AGENDA 4. APPROVAL OF MINUTES: July 10, 1979 BOOK 047 PAC EMS ~ " t:~"~~}fdi~[~t"/'< . July 3f~ ..1979 AGENDA - APPROVED WITH ADDITION. DELETIONS. AND R~ISION Commissioner Wenzel moved, seconded by Commissioner Pistor and unanimously carried 5/0, that the agenda be approved with the following addition, deletions, and revision: 1. Social Services item 10-E(1) to be discussed following Social Services item 6-A. I 2. Discussion of proposed ordinance re Licensing of PSYChologists - Added. 3. Report and recommendation on Irnmokalee Stockade proposed renovation (Item 10-8(2)) - Deleted. 4. Recommendation to adopt resolution amending Personnel Policies and Procedures Manual to reflect Board-directed increase in maximum accrued annual leave (Item 10-B(3)) - Deleted. MINUTES OF JULY 10. 1979 MEETING - APPROVED '. ~t~.~ !".' Commissioner Pistor moved. seconded by Commissioner Wenzel and unanimously carried 5/0, that the minutes of the meeting of July 10, 1979 be approved as submitterl. RESOLUTION IN MEMORY OF FORMER COUNTY COMMISSIONER JOHN MILLARD DAVIDSON - ADOPTED Following the reading of same, Commissioner Archer moved, seconded by Commissioner Wimer and unanimously carried, that the following Resolution in memory of former Collier County Commissioner John Millard Davidson be adopted: * * * * * * * * * * * * * *. 800K 047 PACE 447 j * July 31. 1979 Chairman Brown expressed his persona1tribute in Mr. Davidson's memory, and requested that Clerk William Reagan makl the arrangements for presenting the resolution to the family of the former Commissioner. SOCIAL SERVICES CASES NOS. W-935 AND W-1243 - APPROVED Commissioner Pistor moved, seconded by Commissioner Archer, that Social Services cases Nos. W-935 and W-1243 be approved. Social Services Director Martha Skinner assured Commissioner Wenzel that she had checked the citizenship, to the extent possible, of the persons involved in Case No. W-1243. Upon call for the question the motion carried unanimously 5/0. .,GAANl APPlICATJO~. FOR.. c,otttUNITY.,S.ERVICES, ,T.RUSl' FUNDS. FORTHE.:OPERATION OF -R.EDLANDS CHRISTIAN MIGRANT'DAY tARE 'CENTER"- APPROVEI5 FO~ CHAIRMAN'S SIGNATURE Commissioner Wimer moved. seconded by Commissioner Wenzel and unanimously carried, that the Grant Application for Community Services Trust Fund for the operation of the Redlands Christian Migrant Association be approved, and that the Chairman be authorized to execute same. "" . "" "" * "" "" * . * . . . * * * . . * BOOK 047 PACE"' I * * * BOOK 04 7 PAGE 462 July 31, 1979 RESOLUTION 79-107 VACATING 10' UTILITY EASEMENT IN BLOCK D. PALM RIVER ESTATES UNIT 7, REQUE~TED BY WEST FLORI"A INVESTMENT, INC. - ADOPTED WITH STIPULATIONS. OO~UMENT PROVIDING AN ALTERNATE 10. UTILITY EASEMENT - ACCEPTED FOR RECORDATION Legal notice having been published in the Naples Daily News on July 16 and 23. 1979 as evidenced by Affidavit of Publication filed with the Clerk. public hearing was opened to consider the request by West Florida Investment. Inc. for the vacation of a 10' utility easement in Block D, Palm River Estates. Unit 7. and the acceptance of an alternate 10' easement. County Engineer Barksdale explained briefly the necessity for the requested vacation and said that the Utility Director and the Chairman of the Water Management Advisory Board have reviewed the petition and recommend that it be approved. Further, said Mr. Barksdale, the utility companies have no objection to the vacation with the following stipulations: 1. Florida Power & Light Company requires the actual relocation of the existing energized facilities before the easement can be vacated. they also require that the petitioner bear the cost of moving the existing facilities. 2. Cablevision requires that the petitioner bear the cost of moving the existing cable. It was noted by County Manager Norman that Mr. B.C. Nichols, representing the applicant. was registered to speak for the purpose of responding to questions, if any. from the Board; otherwise, there were no other individuals expressing a desire to address the Board. Commissioner Pistor moved. seconded by Commissioner Wenzel and carried unanimously 5/0. that the pUblic hearing be closed. Commissioner Pistor moved that Resolution 79-107 approving the vacation of that portion of a 10' utility easement lying along the common line of Lots 5 and 6. and 7 and 8, Blork D, Palm River Estates Unit 7. be adopted contingent upon compliance with the ~bove-referenced stipulations. and that the Board approve the alternate 10' utility easement document for acceptance and recordation in the Official Records. The motion was seconded by Commissioner Wenzel and unanimously carried 5/0. .. .. * .. .. .. .. .. .. .. July 31. 1979 PETITION NZ-79-5C, PLANNING DEPARTMENT, REQUESTING AMENDMENT TO ORDINANCE 76-30 BY AMENDING S~CTION 9, "AREAS or ENVIRONMENTAL SENSITIVITY" TO INCLUDE RM-IB DISTRICT (CONTINUED FROM 7/10/79) - DENIED; TRANSFER OF DEVELOPMENT RIGHTS RE OTHER ZONING DISTRICTS TO BE RECONSIDERED Legal notice having been published in the Napl.. ~ily News on June 21, 1979 as evidenced by Affidavit of Publication previously filed with the Clerk. public hearing was continued from July 10, 1979 to consider a proposed ordinance re Petition NZ-79-5C by the Planning Department requesting amendment to Ordinance 76-30 by amending Section 9 - Areas of Environmental Sensitivity - to include the new "RM-IB" Zoning District. Community Development Administrator NIno Spaona explained that the proposed amendment would permit the transfer of development rights into the new "RM-IB" District recently established. Commissioner Pistor v~iced his concern that by permitting such transfer the County may be defeating 'its efforts toward keeping density to a minimum in that zoning district. Dr. Spagna responded by stating that such transfers would only be into those areas which could "stand" the increased density, with the Board reviewing such petitions. Mr. Louis Capek, Coastal Area Planning Commission. reported that the proviSion for transferring development rights is a well-conceived program with good objectives however. there must be particular areas in which to transfer these rights. The wisdom of permitting any transfer of development rights from lands which cannot be built upon in any event was discussed at length particularly since restrictions have been imposed on developing areas of environmental sensitivity. Mr. Mike Zewalk pointed out that the provisions of the ordinance permits a person to knowingly purchase land on which he cannot build and SUbsequently be permitted an increase in density on other property which could result in inequities to the adjacent landowners. There were no other persons registered to speak whereupon Commissioner Pistor moved, seconded by Commissioner Wenzel and unanimously carried, that the public hearing be closed. Commissioner Pistor moved that the proposed ordinance pertaining to Petition NZ-79-5C, as outlined above, not be adopted. The motion was seconded by Commissione! Wenzel and carried 3/2 with Commissioners Brown and Archer voting in opposition. I ~OOK 041 PACE467 aOOK 041 rAGE 468 <,,:,.:,~'~~t?:~i\" ,'" ',_ " :' 't~:_ ,_,:: .,..:fi~;"'~"J':"," J~t~Y'i. ",>\..\~:t~f ~);\>i: '~t~'MA}'. " . ';r:~~t;~>~J}li'({!-~;:"~'p;,< ' ""July 31. 1979 County Attorney Pickworth advised that the proper action to take would be a positive action for adoption of the ordinance. following which Commissioner Pistor moved for adoption of the proposed ordinance with regard to Petition NZ-79-5C by the Planning Department requesting amendment to Ordinance 16-30 by amending Section 9 pertaining to Areas of Environmenta' Sensitivity. The motion was seconded by Commissioner Wenzel and failed 2/3 with Commissioners Wenzel, Pistor and Wimer voting in opposition. The matter of the "TDR" provisions in the other zoning districts was brought up for discussion with Commissioner Pistor expressing his viewpOint that his concern was with the new "RM-1B" zoning district in which it was the desire of the Board that the density and building height be kept low and that this has been accomplished by not permitting "TDR" in that particular district. Commissioner Wimer moved that the matter of reconsideration of "TDR" rights in the other zoning districts such as "A.M-1", "RM-1A" ,nd the like be scheduled on a future agenda. Commissioner Wenzel seconded the motion which carried 4/1 with Commissioner Pistor voting in opposition. Mr. Capek recalled that it was the Board's decision several years ago that a plan be developed whereby a developer who was denied the use of his property for whatever reason could transfer some of that right to another area wherever it was designated to be acceptable. He said that this was the basis on which the Planning Commission worked over the past four or five years to establish the "TOR" concept. PETITION A-79-5C, KRIS DANEt P.E., APPEALING ZONING DIRECTOR'S DECISION WITH REGARD TO DOCK CONSTRUCTION IN VANDERBILT LAGOON (CONTINUED FROM 7/10/79) - PUBLIC HEARING FURTHER CONTINUED UNTIL AUGUST 7. 1979 Legal notice having been published in the Naples Daily News on June 22, 1979 as evidenced by Affidavit of Publication previously filed with the Clerk, public hearing was continued from July 10, 1979 regarding Petition A-79-5C, Kris Danet P.E. appealing the Zoning Director's decision not to approve specific dock construction in Vanderbilt Lagoon. July 31, 1979 It was noted by County Manager Norman that a request has been received from Attorney George L. Varnado., representing the appellant, for a further continuance of the petition due to his inability to be present. Commissioner Wimer moved, seconded by Commissioner Archer and carried unanimously, that Petition A-79-5C be further continued until August 7, 1979. COUNTY MANAGER REPORTS ON RESULTS Qf PROPOSALS RECEIVED FROM CONSULTANT FIRMS RE OPERATIONAL AND COUNTY BUILDING SPACE PLANNING - acc APPROVES FIRM OF A.T. KEARNY, INC.. ATLANTA. GEORGIA. COUNTY MANAGER DIRECTED TO PREPARE PROPOSED CONTRACT FOR PRESENTATION TO THE BOARD County Manager C. William Norman reported that, as a follow-up to the interviews conducted by the Board July 24, 1979. proposals have been received from the three firms who were represented for the County Office Building Space Planning Study. He said that the three proposals represent three different approaches to the problem and that the costs proposed reflect those different approaches. He reviewed briefly the subject proposals together with the estimated costs for each, addin9 that all three firms quoted a base fee and indicated that their expenses would be 20 to 25% which has been added to each proposal. Responding to Chairman Brown's request for comments. Fiscal Officer Hall replied that all three firms gave good presentations and concurred with Mr. Norman in that the third firm, A.T. Kearny, Inc., although their proposal was in the upper end of the price range, in his opinion, would provide the type of results desired by the Board. However, said Mr. Hall, anyone of the three firms would do a very good Job for the County. Following additional brief discussion, Commissioner Wimer moved, seconded by Commissioner Archer, that A.T. Kearny. Inc., Atlanta, Georgia, be engaged to do the comprehensive work regarding the space study. Commissioner Wimer prefaced his motion by commenting that a quality study is needed and that if "we try to short change here, we're just throwing money away". Commissioner Wenzel noted that, in his opinion, the subject firm's proposal was the most complete. Mr. Hall suggested that the County Manager. assisted by whomever he chooses. should be directed to draw up a very specific engagement letter setting forth the deliverables, describing exactly what the County will be presented with. BOOK 041 PACE469 BOOK 041 PACf470 July 31, 1979 Mr. Norman said that he had not anticipated that ,the Board's action would involve a contract at this time. He said that the next step would be the pre- paration of such contract and said that he would welcome Mr. Hall's assistance due to his experience in this type of work. Upon call for the question the motion carried unanimously 5/0. At Mr. Hall's suggestion, the Chair directed the County Manager to come back to the Board with a proposed contract with the above-referenced firm. PETITION FOR STREET LIGHTS ON HAWTHORNE COURT AND RANDALL CIRCLE, AND PROPOSED ORDINANCE TO AMEND STREET LIGHTING DISTRICT ORDINANCE 72-1 TO INCLUDE THIS PORTION OF ARLINGTON TERRACE SUBDIVISION - ADVERTISING AUTHORIZED FOR PUBLIC HEARING AUGUST 21. 1979 Commissioner Archer moved, seconded by Commissioner Wimer and carried unanimously 5/0, that the petition for street lights on Hawthorne Court and Randall Circle, and proposed ordinance to amend street lighting district O.dinan~e 72-1 to include this portion of Arlington Terrace Subdivision, be advertised for public hearing on August 21, 1979. ORDINANCE TO AMEND ORDINANCE 75-9 TO ESTABLISH NEW BOUNDARIES FOR COLLIER COUNTY FIRE CONTROL DISTRICT '1, AND REPEALING PREVIOUS ORDINANCE 76-59 AND 78-48 - ADVERTISING AUTHORIZED FOR PUBLIC HEARING AUGUST 21. 1979 Commissioner Archer moved, seconded by Commissioner Wimer and carried unanimously 5/0, that a proposed ordinance to amend Ordinance 75-9 to establish new boundaries for the Collier County Fire Control District II, and repealing previous Ordinances 76-59 and 78-48, be advertised for publiC hearing on August 21, 1979. PETITION CP-79-2C, KERMIT QUAINTANCE, REQUESTING AMENDMENT TO THE COMPREHENSIVE PLAN ORDINANCE FROM 0-6.22 UNITS RESIDENTIAL MEDIUM DENISTY TO COMMERCIAL LAND USE FOR PROPERTY LOCATED IN SECTION 3, T51S, R26E - ADVERTISING AUTHORIZED FOR PUBLIC HEARING SEPTEMBER 11. 1979 Commissioner Archer moved, seconded ~y Commissioner Wimer and carried unanimously 5/0, that Petition CP-79-2C, Kenmit Quaintance, requesting an amend- ment to the Comprehensive Plan Ordinance from 0-6.22 units - Residential Medium Density, to Commercial land use for proper~ located in Section 3, Township 51 South. Range 26 East. located south of the Gulf Station at US 41 and SR-951, be advertised for public hearing September 11, 1979. "uly 31. 1979 PETITION R-79-19C. KERMIT QUAINTANCE, REQUESTING REZONING FROM "A" TO "GRC" FOR PROPERTY I:. SECTION 3, T51S, RUE - ADVERTISING AtmlORIZED FOR PUBLIC HEARING SEPTEMBER 11. 1979 Commissioner Archer moved, seconded by Commissioner Wimer and unanimously carried 5/0. that Petition R-79-19C, by Kermit Quaintance, requesting rezoning from "A" to "GRC" for property located in Section 3, Township 51 South. Range 26 East. located at the corner of US 41 and SR-951 south of the Gulf Station, be advertised for publiC hearing September 11, 1979. PETITION R-79-20C, HENRY MINSTER, REQUESTING REZONING FROM "GRC", "RM-2" AND "MHRP-ST" TO "PUD" FOR PROPERTY IN SECTION 5, T48S, R25E - ADVERTISING AUTHORIZED FOR PUBLIC HEARING SEPTEMBER 11. 1979 Commissioner Archer moved, seconded by Commissioner Wimer and carried unanimously 5/0, that Petition R-79-20C. by Henry M'inster, requesting rezoning from ftGRC", "RM-2"'lmd ftMHRP':':S1'", to"IIPUO" for property located in Section 5, Township 48 South, Range 25 East. located on the south side of Bonita Beach Road. between Barefoot Belch and Little Hickory Shores, be advertised for public hearing September 11, 1979. PETITION CP-79-3C, HENRY MINSTER, TRUSTEE, REQUESTING AMENDMENT TO COMPREHENSIVE PLAN ORDINANCE FROM COMMERCIAL TO RESIDENTIAL MEDIUM DENISTY FOR PROPERTY IN SECTION 5. T48S. R25E - ADVERTISING AUTHORIZED FOR PUBLIC HEARING SEPTEMBER II. J , Commissioner Archer moved, seconded by Commissioner Wimer and carried unanimously 5/0, that Petition CP-79-3C, by Henry Minster. Trustee. requesting amendment to Comprehensive Plan Ordinance from Commercial to Residential - Mediun Density, for property in Section 5, Township 48 South, Range 25 East, located on the south side of Bonita Beach Road, between Barefoot Beach and Little Hickory Shores, be advertised for public hearing September 11, 1979. PETITION R-79-16C, MARCO ISLAND CORPORATION, REQUESTING REZONING FROM "A-ST" TO "PUDlO FOR PROPERTY IN SECTION 6 AND SECTION 7, T52S. R26E (HIDEAWAY BEACH) - ADVERTISINu AUTHORIZED FOR PUBLIC HEARING SEPTEMBER II. 1979 Commissioner Archer moved, seconded by Commissioner Wimer and unanimously carried 5/0, that Petition R-79-16C. Marco Island Corporation. requesting rezonin from "A-ST" to "PUD" for property in Section 6 and Section 7. Township 52 South, Range 26 East. known as Hideaway Beach, be advertised for public hearing September 11, 1979. BOOK 047 PACE471 BeaK 041 PAcE412 July 31, 1919 PETITION V-79-15C, TALLIE ELLIS. REQUESTING VARIANCE TO ALLOW DIVIDING INTO TWO BUILDING SITES OF TRACT II, UNIT 32, GOLDEN GATE ESTATES. ADVERTISING AUTHORIZED FOR PUBLIC HEARING AUGUST 28, 1979 Commissioner Archer moved. seconded by Commissioner Wimer and unanimously carried 5/0, that Petition V-79-15C, by Tallie Ellis, requesting a variance to allow dividing into two building sites of Tract 11. Unit 32, Golden Gate Estates, be advertised for pUblic hearing August 28, 1979. RESOLUTION 79-108 RE PETITION PU-79-10C, JOHN SPIVEY, REQUESTING PU(I) OF ESTATES DISTRICT FOR CHURCH SITE ON PORTION OF TRACT 109, UNIT 97, GOLDEN GATE ESTATES - ADOPTED WITH STIPULATIONS~ PETITIONER'S AGREEMENT TO STIPULATIONS - ACCEPTED Community Development Administrator Neno Spagna located the subject property for which Provisional Use (1) is being requested as b~ing that portion shown in yellow on the map displayed, further described as being located on the south side of 24th Avenue, N.W., 1/2 mile east of Oaks Boulevard, Tract 109, Unit 97, Golden Gate Estates. He said that Petition PU-79-10C has been reviewed by all of the review agencies and recommended for approval subject to the four stipulations in Attachment A of the proposed resolution pertaining thereto. He said that the Coastal Area Planning Commission held its public hearing on July 5, 1979 and th~ recommendation was that the petition be forwarded to the Board with a recommendatior of approval subject to the four staff stipulations. He said there were no Objections forthcoming during the public hearing, and that three letters in support of the petition have been received.. Mr. John Spivey, the petitioner. was presented to respond to questions, if any. from the Board. Commissioner Wenzel moved that Resolution 79-108, re Petition PU-79-10C, by John Spivey, requesting Provisional Use (1) of the Estates District for a church on the east 105' of Tract 109, Unit 97, Golden Gate Estates, be adopted. with stipulations, and that the Petitioner's Agreement to the stipulations be accepted. The motion was seconded by Commissioner Pistor and unanimously carried 5/0. . . . * * * . * . . " . BOOK 047 PACE~78 July 31, 1979 CONr.EALED PISTJL PERMIT 79-12 AP~RO~ED FOR ISSUANCE TO WALTER M. OLSON. JR. County Manager C. William Norman advised that the applicant, Walter H. Olson, JI has complied fully with all of the provisions of Ordinance 78-15. and. therefore, it is being recommended that the Board grant a permit for carrying a concealed pistol, as requested. Commissioner Wenzel moved, seconded by Commissioner Archer and unanimously carried 5/0. that Concealed Pistol Permit 79-12 be issued to Walter M. Olson. Jr.. as recommended. RESOLUTION 79-109 OPPOSING PROPOSED SENATE BILL REGULATING NUCLEAR GENERATING PLANTS - ADOPTED In the absence of Civil Defense Director William Walker who was unable to attend the session, County Manager Norman explained briefly whY it is felt by several Disaster Preparedness Coordinators, and others involved, that the proposed Senate 8111 S-562. which would regulat~ Nuclear Generating Plants, is arbitrary. contrary to sound emergency planning concepts, unnecessary, and impossible to test. as required. Therefore, said Mr. Norman, a resolution has been prepared for consideration by the Board in opposition to said Senate 8ill. It was Commissioner Wenzel's opinion that the development of alternate methods of energy should be encouraged, inCluding nuclear power. following which Con~liss1oner Archer moved, seconded by Commissioner Wenzel and unanimously carried 5/0. that Resolution 79-109 opposing proposed Senate Bill S-562 regulating Nuclear Generating Plants be adopted. * * * . * . * . * * * . * * . . * . BOOK 041 PACE. July 31. 1919 BOARD APPROVES WAIVER OF BID PROCESS FOR ANNUAL CONTRACTS FOR GASOLINE AND DIESEL FUEL. AND PERMIT PURCHASING DIRECTOR TO NEGOTIATE AN ANNUAL CONTRACT WITH PRESENT SUPPLIER County Manager C. William Horman explained briefly why it is being recommende. that the bid process be waived for annual contracts for gasoline and diesel fuel, as contained in the Executive Summary on the matter prepared by the Purchasing Director Frank Wilcox, among the reasons being the energy crisis, and the allocati( and other federal guidelines and restrictions. He said that it would be advantage( to the County to remain with the same vendor, Combs Oil, who has been the County's supplier of gasoline and fuel oil for the past four years and is familiar with the consumption and distribution of the County's supply of these ptoducts. Commissioner Archer moved that the Board waive the bid process for the forthcoming fiscal year 1979-60 for annual contracts for gasoline and diesel fuel, and to allow the Purchasing Director to negotiate an annual contract with the prese,t supplier, Combs Oil, who has agreed to sell the County its fuel require- ments under the same contract so awarded the previous year under the sealed competitive bid process. The motion was seconded by Commissioner Pistor and carried unanimously 5/0. * * * . . . . . . * * * * . . . * RECESS: 9:50 A.M. until 10:00 A.M. * * . . . . . * * * * * * * . * * ORDINANCE 79-55 RE LICENSING OF PSYCHOLOGISTS - EMERGENCY DECLARED, AND ORDINANCE ADOPTED Mr. Michael E. Crane, Chairman of the Public Affairs Committee of the Mental Health Association, reported that. pursuant to Board directive the previous week, input has been solicited from the mental health associations, and the like, and that a proposed ordinance has been drafted by the County Attorney and the County Manager with regard to the licensing of pSYChologists, and related matters, for Board review. He said that the Mental Health Associatipn is in complete agreement with the ordinance as drafted. July 31, 1979 .~ County Attorney Pickworth reviewed the provisions of the ordinance which he said addresses the matter of revocation of licenses to practice psychology which have been issued since July 1, 1979; fees for .ame to be refundable upon surrender of licenses prior to August 31, 1979. the creation of the Collier County Board of Psychology Practice License Appeals. the credentials for the practice of psychology, and the like. He said that the proposed ordinance will remain in effect until December 31, 1979 at which time the Board can made a determination as to whether or not the ordinance should be continued, or, possibly, the State may adopt legislation to supplant the County ordinance. Commissioner Wenzel moved, seconded by Commissioner Pistor and unanimously carried 5/0, that an emergency situation exists. Commissioner Pistor moved, seconded by Commissioner Wenzel and carried unanimously 5/0, that Ordinance 79-55, as entitled below, be adopted and entered into Ordinance Book No.9. ORDINANCE NO; 79-55 EMERGENCY ORDINANCE REVOKING THE LICENSES TO PRACTICE THE PROFESSION OF PSYCHOLOGY OF THOSE PERSONS TO WHO~[ LICENSES HAVE BEEN ISSUED SINCE JULY 1, 1979. DECLARING THAT A PUBLIC EMERGENCY EXISTS; CREATING THE COLLIER COUNTY BOARD OF PSYCHOLOGY PRACTICE LICENSE APPEALS; PROVIDING THE MEMBERSHIP, DUTIES AND RESPONSIBILITIES OF SAID BOARD; REQUIRING CREDENTIALS FOR THE PRACTICE OF THE PROFESSION OF PSYCHOLOGY; REQUIRING AN OCCUPATIONAL LICENSE; PROVIDING SEVERA- BILITY: PROVIDING AN IMMEDIATE EFFECTIVE DATE: AND PROVIDING FOR THE CLERK TO PUBLISH THE ORDINANCE. BID #363 FOR CONSTRUCTION OF FIVE BIKEPATHS - AWARDED TO BRISSON ENTERPRISES, INC.. NAPLES, FLORIDA IN THE AMOUNT OF $163.094.25. STAFF AUTHORIZED TO PROCEED WITH PREPARATION OF PLANS AND SPECIFICATIONS FOR TAKING BIDS FOR ADDITIONAL SIDEWALKSI BIKEPATHS Legal notice having been published in the Naples Daily News on June 26 and 28. 1979 as evidenced by Affidavit of Publication filed with the Clerk, bids were receivl until July 18. 1979 for the construction of various bikepaths throughout the County as follows: aOOK 047 PACE-48I. . OOO~ 047 PACE48Z July 31. 1979 1. Bald Eagle Drive 2. Vanderbilt Drive 3. Estey Avenue 4. West Boulevard 5. Oorando Drive, Pompei Lane and Granda Blvd. County Engineer Clifford Barksdale noted that the lowest bid received was submitted by Brisson Enterprises, Inc. in the amount of $163,094.25 which is higher than the original estimated cost of $158,400.00 for construction of the five bikepaths, as programmed under the bond issue for this project. Mr. Barksdale advised the Board that the bikepath for the Immokalee area has been excluded due to the fact that it will be constructed under the CErA Program with the County providing the materials only. In summary, said Mr. Barksdale, what is required is for the awarding of bid 1363 to Brisson Enterprises, if approved, and the authorization of an additional expenditure representing the difference between the budgeted amount and the low bid submitted by Brisson Enterprises, the cost of materials for construct10n of the bikepath in the Immokalee area, and funds for striping and signing the bikepaths. Commissioner Archer moved, seconded by Commissioner Pistor and carried 5/0, that Bid H363 for construction of bikepaths in the aforementioned locations be awarded to Brisson Enterprises, Inc., Naples. Florida, in the amount of $163,094.25, as contained in the recommendation of the Bid Review Committee letter dated July 26, 1979, and that the Chairman and the Clerk be authorized to sign and attest the resulting Agreement. and that an appropriation be authorized, not to exceed $24,500, for the additional funds required, as recommended by staff. At Mr. Barksdale's request, Commissioner Archer moved, seconded by Commissioner Wimer and unanimously carried 5/0, that the staff be authorized to proceed with the plans and specifications for taking bids on the next group of sidewalks/bike- paths as contained in the Capital Improvement Program. BOARD APPROVES WAIVER OF BID PROCESS AND AUTHORIZES PURCHASE OF AIR CONDITIONING SYSTEM FOR SHERIFF'S COMMUNICATION ROOM FROM B & I CONTRACTORS, INC. IN THE AMOUNT OF $2,200 Following explanation by County Manager Norman, as contained in the Executive Summary dated July 27, 1979 regarding the matter. Commissioner Archer moved, secondec July 31.. 1979 ):" ',__"l.,:, '~ by Commissioner Wimer and unan.mously carried 5/0. that the bid requirements for the purchase of an air conditioning system to be installed in the Communication Room of the Sheriff's Department be waived. and that the Purchasing Director be permitted to issue a purchase order directly to B , I Contractors, Inc., in the amount of $2,200 for the delivery and installation of said system. Fiscal Officer Harold Hall commented that the price might be slightly higher due to the time which has elapsed since the quotation was submitted. Commissioner Wimer suggested that the matter be brought back to the Board if such is the case. RESOLUTION 79-110 PROVIDING FOR ASSESSMENT OF LIENS FOR THE COST OF ABATEMENT OF PUBLIC NUISANCES RE LOT 52 CARIBE WOODS, AND LOTS 22 AND 23, NAPLES BETTER HOMES. BLOCK 6 - ADOPTED Commissioner Archer moved, seconded by Commissioner Pistor, that Resolution 79-110 providing for the assessment of liens for the cost of abatement of public nuisances re Lot 52 Caribe Woods (R.G. LoBosco), and Lots 22 and 23, Naples Better \ II\. Homes, B10ck 6 (R.E. Alphonse)'be adopt~d. The motion carried unan~mously. Mr. Mike Zewalk inquired as to what constitutes a nuisance regarding the mowing of vacant lands with County Manager Norman explaining that there are criterii in the pertinent County ordinance pertaining to health hazards, fire hazards, and the like. however, he said that there is limited personnel to enforce the ordinance Therefore, he continued, many actions of the type under discussion are the result of complaints being filed, following which such complaints are investigated to determine if the criteria has been met. It was pointed out to Mr. Zewalk that in the event there is a disagreement over a decision, the property owner can file an appeal with the Board without the retention of legal counsel. . * . * . . . * * * * MCK 047 PAGE 483 . * * * \."( . July 31. 1979 MODIFICATION TO EXCAVATION PERM!T ISSUED TO INVESTMENT PROPERTIES, INC. ON 10/19/78 - APPROVED WITH STIPULATIONS . Utility Director Irving Berzon explained that an Excavation Permit was issued to Investment Properties, Inc., Barnett Bank of Naples, Trustee, on October 19, 1978 for the purpose of constructing a lake covering an area of approximately 36 acres in Section 1, TownShip 49 South, Range 25 East, same having been approved by the Board on March 14. 1978. Since that time, said Mr. Berzon, the property owner has purchased additional acreage and is now requesting that the original permit be revised to include the new area for excavation, and that the original specified setbacks be increased over said portions of the excavated area from the previously designated 50' to locations up to 23q' average! . ~. _ Mr. Berzon said that the Water Management Advisory Board and he, personally, recommend that the Board approve the revised excavation with the following stipulatior1s: 1. That any development plans for the area surrounding the excavation be submitted and approved by the WMAB. 2. That all applicable provisions of County Ordinance 73-12 be adhered to; 3. That the permit fee previously paid for the first permit be revised to meet the requirements of the newly authorized excavation; and 4. That the applicant comply with any new administrative requirements which become a part of the revised Excavation Ordinance. To clarify a statement made by him, as requested by Commissioner Wimer, Mr. Berzon said that, although the total property involved has increased. the excavation area may turn out to be smaller, i.e. the area subject to excavation is larger, but the excavation will be equal to. or smaller, than the original excavation planned. Commissioner Pistor moved, seconded by Commissioner Archer and carried unanimously 5/0, that the excavation permit modification requested by Investment Properties, Inc. be approved with the stipulations imposed. ~oo~ ()~~ PAGE~ BOOK 047 PACE.. . July 31, 1979 ROUTINE BILLS - AUTHORIZED FOR I-An::NT Commissioner Wenzel moved, seconded by Commissioner Archer and unanimously carried 5/0, that the bills be approved for payment as witnessed by the following warrants issued from July 25, 1979 through July 31, 1979, same having been processec following established procedures, with funds available: .E!J]Q County Warrants Bce Payroll BCC Payroll - CETA General Fund Road & Bridge 12 Improvement Revenue Certificate Water Management Sewer Dfst. "A" Revenue Fire Hydrant Assessment Fund Collier County Water/Sewer Utility Div. County Water System Intragovernmental Services Systems Development Clearing WARRANT NOS. 9364 · 9577 2532 · 2533 61693 - 62024 47 - 48 28 6 . 7 16 13 4 5 9 11 36 - 39 ~EVISEO TENTATIVE BUDGET FOR SHERIFF'S DEPARTMENT FOr. F~ 1979-80 - APPROVED IN THE AMOUNT OF $4,689.786 Prior to the Board's action regarding the approval of the Sheriff's Department Budget for Fiscal Year 1979-80, Commissioner Pistor inquired of Deputy Chief Ray Barnett if there were any further amounts found which could further reduce the subje budget. Deputy Barnett stated that he and Sheriff Rogers have again reviewed the budget requests and that there are no areas which could be further decreased with- out affecting the service being offered. However, said the Deputy, they will continue to review the situation thro~gout the year and if there is anything which can be "cut" it will be done. Commissioner Archer moved. seconded by Commissioner Wimer. that the revised tentative budget for the Sheriff's Department for FY 1979-80 in the amount of $4.689,786 be approved. Fiscal Officer Harold Hall. responding to Commissioner Wimer. stated that an opinion has been received from the State to the effect that the mandated 105S limitation applies to overall County-wide funds, and does not apply to individual departmental budgets or to any one individual fund. Upon call for the question the motion carried 4/1 with Commissioner Wenzel dissenting. July 31. 1979 When asked to comment by Chairman Brown regarding the budget requests, Mr. Hall said that the total budget will be looked at from the standpoint of staying at or below the cap with the budgets being properly adjusted accordingly. Continuing, Mr. Hall said that when the Board has finished their initial review of the budgets, he and County Manager Horman will provide guidance as to the direction the Board should take at that point, based on the available information. He said that the Sheriff's budget is substantially increased. however, there are some substantial increases in other revenues. Hopefully, said Mr. Hall, all of the budget increases can be funded from other revenues and, therefore, minimize the impact on individual ad valorem taxes. Commissioner Pistor commented that once the Sh~riff's budget has been apprOVE . it C:llnnotbe c:u't and, for this 'reasori ,. if it 1s 'neCessary to find moni es they will have to come from everything.but'this budget which has been increased by the largest amount. Regarding the additional personnel requests, as was mentioned by Commissioner Pistor, Deputy Barnett stated that over 40 people have been cut from their requests. however, if a way can be found during the year to obtain another CETA employee, or other solutions can be found to solve some of the problems of record-keeping and the like which have been court-mandated, it is possible that their budget can be cut the following year. BOARD APPROVES SCHEDULING OF RESULTS OF JOB CLASSIFICATION AND PAY PLAN STUDY BY DEPARTMENT OF COMMUNITY AFFAIRS ON AGENDA OF AUGUST 14. 1979 Administrative Aide to the Board Mary Morgan noted the receipt of a copy of the memorandum from the Assistant County Manager to County Manager Norman with regard to the status of the Job Classification and Pay Plan Study performed by the Department of Community Affairs and that, since consideration of this is necessary for the finalization of the FY 1979-80, Budget, it is suggested that the matter be scheduled as soon as possible. Commissioner Wenzel moved, seconded by Commissioner Pistor and unanimously carried 5/0, that the above-referenced matter be placed on the agenda of August 14.1979. ~DDX 047 PAcrW! . BOOK 047 PACE 488 July 31, 1979 REQUEST FROM IMMOKALEE CHILDCARE CENTER. INC. FOR PERMISSION TO MAKE BUILDING IMPROVEMENTS TO EXISTING FACILITY AT NO COST TO THE COUNTY - APPROVED It was moved by Commissioner Wenzel. seconded by Commissioner Pistor and unanimously carried 5/0. that permission be granted to the Immokalee Childcare Center, Inc. to make building improvements to its existing facility at no cost to the County. as requested in the letter received July 25, 1979 from Leila R. Griffin, Executive Director, Immokalee Childcare Center. Inc. CERTIFICATE FOR CORRECTION ON THE 1978 TAX ROLL - APPROVED FOR CHAIRMAN'S SIGNATURE Commissioner Archer moved. seconded by Commissioner Pistor and carried unanimously 5/0, that the following Certificate for Currection to the 1978 Tax Roll be approved for the Chairman's signature: No. Qili 7/23/79 1978 Tax Roll 56-1978 CURRENT PROCEDURES FOR SCHEDULING OF REZONING PETITIONS FOR PUBLIC HEARINGS TO BE MAINTAINED DURING INDIVIDUAL COMMISSIONER'S POSSIBLE ABSENCES, WITH HEARINGS TO BE CONTINUED, IF NECESSARY Reference was made to the memorandum from Chairman Brown to the Board of County Comissioners dated July 26, 1979 wherein it was suggested that some direction to the staff on the subject of scheduled public hearings during possible . .~~.c~!!li~g.~er~.o~s ~f ~bsences of individual Conmissioners which, in such instances,.,. would create a four-man Board. Brief discussion followed and it was the consensus of the Board that the public hearings continue to be scheduled under the existing procedure and that they be continued in the event of a tie or a 3/1 vote until a full Board was present RECOMMENDED PAY INCREASE FOR ENGINEERING DEPARTMENT EMPLOYEE - APPROVED Commissioner Archer moved, seconded by Commissioner Pistor and carried 4/1 with Commissioner Wenzel dissenting, that the pay increase for William Spencer. Engineering Department Employee, be granted as recommended by County Engineer Barksdale in his memorandum dated July 30. 1979 to the Board. and as recommended for approval by County Manager Norman. j...,..."l.'UI':..... . . July 31. 1979 REPORT BY STAFF ON PROGRESS OF REQUEST FOR EXTENSION OF APPEAL PERIOD FOR ADOPTION OF FLOOD DAMAGE PREVENTION ORDINAHCEl BUOGET AMENDMENT IN THE AMOUNT OF $293 AUTHORIZED FOR PAYMENT ~~ EXPENSES INCURRED Community Development Administrator Heno Spagna reported that, pursuant to Board directive of July 24. 1979, County Attorney Pickworth and he met with Mr. Dannenhouer of Five County Builders and Contractors Association and Dr. B.C. Christensen of the University of Florida regarding the questions raised pertaining to the flood elevations established in Collier County as a result of the Tetra-Tech studies. Dr. Spagna detailed the results of the meeting with the course of action to be taken which was to prepare a letter to the Federal Insurance Administration in WaShington, D.C. requesting an indefinite extension of the date for adopting the Flood Oamage Prevention Ordinance pending the completion of the re-evaulation of the Lee County studies, and an analysis of the possible effects on the Collier County elevations. Mr. Dannenhouer expressed his appreciation to the Board for their cooperatio in the matter and also his hope that the adoption of the ordinanct can be stayed. He said, if not, the flood elevations established will be contested. Attorney Pickworth explained that the County's appeal periOd is past but that a delay in putting the subject ordinance into effect has been requested. He noted that the County does not have a right to this extension and it can be refused. He also said that the bill for Dr. Christensen's services and expenses is $293 which the Board, in essence, approved during its previous discussions when certain staff members were authorized to travel to Gainesville, if necessary. Commissioner Pistor moved, seconded by Commissioner Wenzel and unanimously carried, that an appropriate budget amendment be authorized in the amount of $293 for the payment of subject expenses. Commissioner Pistor observed that he has had two letters from Senator Lawton Chiles and Representative Bafalis stating that they are investigating the subject matter. VOTING PRECINCT NUMBERS FOR DEPUTY SHERIFFS R.A. KIDD AND R.S. BARNETT - SUBMITTED AND FILED FOR THE RECORD In compliance with Florida Statute 30.08 the following voting precinct numbers were submitted by Sheriff Aubrey Rogers and filed with the Board ~CCK lJ.t1 PAGE4B9 July 31. 1979 , ',}"~ 8. Quarterly Progress Report dated 7/5/79 of Youth GUidance Volunteer Program. Pro1ect Numbers 79-JD-09-FF02 and 79-AD- 09-FF01, submitted by Director Kathle.n Manz - Fil.d. * * * * * * * * * * . . . * * * * There being no further business for the good of the County, the meeting was adjourned by order of the Chair - Timo: 11:00 A.M. BOARD OF COUNTY COMMISSIONERS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER IrS CONTROL ~~ . " ... ~ . ~ ~.. ',~ "', ~, ~, .7'J? 'I!) \', ~OCK 047 PACE 491