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BCC Minutes 08/07/1979 R Naples, Florida, August 7, 1979 LET IT BE REMEMBERED, that the Board of Coun~ Commissioners in and for the County of Collier, and also acting as the Governing Board(s) of such special districts as have been created according to law and having conducted business herein. met on this date at 9:00 A.M. in Regular Session in Building "F" of the Courthouse Complex with the following members present: CHAIRMAN: David C. Brown VICE-CHAIRMAN: Clifford Wenzel John A. Pfstor C.R. "Russ" Wimer Thomas P. Archer ALSO PRESENT: William J. Reagan, Clerk~ Harold L. Hall, Chief Depu~ Clerk/Fiscal Officer~ Edna Brenntman. Depu~ Clerk~ C. William Horman, County Manager; John Walker, Assistant County Manager; Anthony Pires, Assistant County Attorney; Clifford Barksdale. County Engineer~ Irving Berzon. Utility Director; Danny Crew, Planning Department; Carl Clemmer, Zoning Director~ Frank Wilcox, Purchasing Director; Mary Morgan, Administrative Aide to the Board; and William McNulty, Sheriff' Department. AGENDA BOARD OF COUNTY COMMISSIONERS FINAL AGENDA AUGUST 7, 1979 NOTICE: ALL PERSONS SPEAKING ON ANY AGENDA ITEM MUST REGISTER PRIOR TO THE ITEM BEING HEARD. REQUESTS TO ADDRESS lr~ BOARD ON SUBJECTS ~mICH ARE NOT ON THIS AGEw.;,.; MUST BE SUBMITTED TO THE COUNTY MANAGER AT LEAST ONE WEEK PRIOR TO THE DATE OF THE MEETING AND WI:'L BE HEARD UNDER "PUBLIC PETITIONS" AT 11:00 A.N. 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF AGENDA 4. APPROVAL OF MINUTES: July 17 . July 24 5. PROCLAMATIONS AND PRESENTA:IONS OF AWARDS M~K 04 7 ,~~ 492 August 7, 1979 AGENDA - APPROVED WITH ADDITIONS/DELETIONS COlnm1ssioner Pistor moved. ,econded by Commissioner Wenzel and carried unanimously S/O, that the agenda be approved with the'fo1lowing additions/ deletions: 1. Petition A-79-SC, Kris Dane, appealing Zoning Director's decision re excessive dock length on certain Vanderbilt Beach property (continued from 7/10 and 7/31/79 agendas) . Continued until 8/14/79 upon request of appellant's attorney and upon motion duly made, seconded and unanimously carried. 2. Approval of minutes of July 24, 1979 - Deleted. *See also items relating to the FY 1979-80 Budget added at the request of Fiscal Officer Harold Hall at the end of the prepared agenda. MINUTES OF JULY 17, 1979 - APPROVED Commissioner Wenzel moved, seconded by Commissioner Pistor and unanimously carr1ed S/O, that the minutes of the July 17, 1979 meeting be approved as presente' RESOLUTION 79-111 APPROVING THE. VACATION OF NORTHERLY 13S' OF 60' RIGHT-OF-WAf (14TH STREEl NORTH) LOCATED IN GORDON RIVER HOMES SUBDIVISION - ADOPTED; WARRANTY DEED RE SAME - ACCEPTED FOLLOWING RECORDATION Legal notice having been published in the Naples Daily News on July 22, 1979 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider a proposed resolution re request of the Collier County Conservar and Dennis Combs 'for vacation of the northerly 135' of a 60. Right-of-Way (l4th Street North) located in the Gordon River Homes Subdivision. County Engineer Clifford Barksdale advised that letters of "No Objection" haVE been submitted by the utility companies, and that the Chairman of the Water Manage- ment Advisory Board and the Utility Director have reviewed the request for the vacation and have no objection to same. It is the staff recommendation. said Mr. Barksdale, that the vacation be approved. Mr. James L. Miller, owner of adjacent proper~, questioned whether or not an error had been made in the legal description of the subject proper~ in that possibly it should be either 15th Street North, or 14th Avenue. North. Mr. Barksda provided assurance that an error had not been made, that the property in question was properly designated as 14th Street North. as recorded in the official record. BOOK 047 PAGE 496 bOOK 047 PIiGE497 August 1, 1979 Mr. Hille~, together with M~s. Evelyn Mfller~' expressed concern that, since their property dead-ends into the subject property and since their street - 15th Street North, is unimproved. there will be excessive dusting. and the like, in the event the Conservancy chooses, in the future, to make this area an entrance-way into the Conservancy buildings. Messrs. Duane Julian and Willard Merrihue. representing the Collier County Conservancy, both emphasized their desire to retain the cypress head now standing on the property with Mr. Merrihue stating that the subject property will never be used as a main entrance. There were no additional persons registered to address the matter. whereupon Commissioner Wimer moved. seconded by Commissioner Wentel and unanimously carried 5/0. that the public hearing be closed. Commissioner Pistor moved. seconded by Commissioner Wimer and unanimously carried 5/0, that Resolution 79-111 approving the vacation of the northerly 135' of a 60' Right-of-Way (14th Street North), located in the Gordon River Homes Subdivision. as requested by the Collier Coun~ Conservancy, Inc. and Dennis Combs, be adopted. and that the Warranty Deed re same be accepted. following recordation. * * * * * * * * * * * * * * * * * * * * BOOK 047 PAGE 499 . August 7. 1919 RESOLUTION 79-112 RE PETITION V-79-13C. TARPON VILLAGE APARTMENT CONDOMINIUM ASSOCIATION, INC., REQUESTING WAIVER OF REQUIRED FRONT YARD SETBACK ON ISLES ~APRI LOTS 513 THROUGH 529 - ADOPTED Legal notice having been published in the Marco Island Eag'e on July 19. 1979 as evidenced by Affidavit of Publication filed with the Clerk, publiC hearing was opened to consider Petition V-79-13c filed by the Tarpon Village Apartment Condo- minium Association. Inc.. requesting a variance of the front yard setback to allow construction of a carport structure on their south property line on Isles of Capri, Lots 513 through 529. Zoning Director Carl Clemmer pointed out the location of the proposed carport on the map displayed and reported that all of the 56 apartment owners were contacted with 32 responses being received, none of which voiced objections. He also said that the adjoining proper~ owners have offered no Objection. It is the staff recommendation, said Mr. Clemmer. that the variance be approved. Mr. Ra}mond F. Kokesh. representing the petitioner, explained that the propei'ty is on a dead-end street opposite two businesses. one of which does not front on the subject street. He said that the granting of the variance will still allow a set- back of 40' from the center of the street. Commissioner Pistor stated that he has looked over the property carefully and said that he has no objection and that. in his opinion. the construction of a carport will enhance the area. Mr. Joseph Podesta, member of the Isles of Capri Fire Control District Advisory Board, stated that a physical inspection of the property was made and it was determi that there will be no hindrance in getting fire-fighting equipment in and out if the variance is approved. He said that the Fire Department has no objection to the proposal. There were no other persons registered to address the Board. whereupon Commissioner Pistor moved, seconded by Commissioner Wenzel and unanimously carried 5/0. that the public hearing be closed. Commissioner Pistor moved. seconded by Commissioner Archer and unanimously carried 5/0. that Resolution 79-112 regarding Petition V-79-13C by the Tarpon Vil1ag' Apartment Condominium Association. Inc.. requesting waiver of the required front yard setback on Lots 513 through 529. Isles of Capri. be adopted. ,August 7. 1979 , '\:_,:;i;~~;'_~:~'~':',-- AMENDMENT T:> NORTH MARCO UTILITY FRANCHISE CHANGIHG TIlE DATE ON WHICH THE FRANCHISE FEE IS PAYABLE - ADVERTISING AUTHORIZED FOR PUBLIC HEARING SEPTEMBER 11. 1979 Commissioner Wenzel moved. seconded by Commissioner Archer and unanimously carried 5/0, that a proposed amendment to the North Marco Utility Franchise, changing the date on which the franchise fee is payable. be advertised for public hearing on September 11, 1979. AMENDMENT TO ORDINANCE 78-8 REVISING WATER USER RATES AND METER TAPPING CHARGES _ ADVERTISING AUTHORIZED FOR PUBLIC HEARING ON SEPTEMBER 11. 1979 Commissioner Wenzel moved. seconded by Commissioner Archer and unanimously carried 5/0, that a proposed amendment to O,~inance 78-8. revising the water user rates and meter tapping charges, be advertised for pUblic hearing on September 11. 1979. RESOLUTION 79-113 DESIGNATING COUNTY'S LIAISON AGENT WITH DNR IN MATTERS CONCERNIN THE STATE AQUATIC PLANT CONTROL FUNDING - AooPTED County Engineer Clifford Barksdale advised that the proposed resolution designating the County's liaison agent with the Department of Natural Resources in matters concerning the State Aquatic Plant Control Program is an annual require ment for application for funding for Fiscal Year 1979-80. Commissioner Pistor moved. seconded by Commissioner Archer and unanimously carried 5/0. that Resolution 79-113 regarding the Aquatic Plant Control Program. be adopted. . . . . . * . . . . * * * . * ~OOK 047 PA~E6'02 * * * RESOLUTION 79-114 STATING THE WATERS TO BE MANAGED UNDER THE COUNTY'S AQUATIC PLANT CONTP~L PROGRAM ARE ACC~SSJBLE TO THE GENERAL PUBLIC AND LANDOWNERS _ ADOPTED Commissioner Pistor moved. seconded by Commissioner Archer and unanimously , carried 5/0, that Resolution 79-114 stating that the waters to be managed under the Collier County Aquatic Plant Control Program are accessible to the general public and landowners be adopted. * * * * * * * * * * . * * * * .. . * .. * * * * * . . .. * BeCK 047 fACE504 August 7, 1979 FINAL ACCEPTANCE OF ALL REQUIRED IMPROVEMENTS IN RIVIERA COLONY SUBDIVISION - APPROVED County Engineer Clifford Barksda1. stated that all corrections within the right-of-way in the Riviera COlony Subdivision have been made in accordance with the County Engineering Department's recommendation and it is being recommended that the Board approve final acceptance of the Subdivision. It was pointed out in the Executive Summary that the maintenance security cannot be released since it is a parcel of land which is the security for other Lely projects that have not been granted final acceptance. Commissioner Wenzel moved, seconded by Commissioner Pistor and unanimously carried 5/0. that the Board approve the final accepance of all required improve- ments in Riviera Colony Subdivision, as recommended. REVISION TO PURCHASING POLICY RE EXCLUSION FROM COMPETITIVE BIDDING OF HEAVY EQUIPMENT MAINTENANCE PURCHASES - APPROVED Purchasing Director Frank Wilcox explained that it is being proposed that the Purchas1ng Policy be amended to more clearly affirm the exclusion from competitive bidding of heavy equipment maintenance purchases. He explained that it has been determined that certain maintenance and repair purChases did fall under the allow- able exclusions from competitive bids~ however, he said that such interpretation 0 the Purchasing Policy could possibly be strained and subject to controversy. Ther said Mr. Wilcox. the following revision to the Purchasing Policy is being recommen Revise the Purchasing Policy b~ adding an additional subsection under Part IV. Section F, Paragraph (9) which states: (9) The following items will be excluded from competitive bid, unless required by law: (a) through (g) as is (h) Repair or maintenance of Coun~ owned or leased equipment when one or more of the following conditions exist: (1) Only one reliable source for the services' available within reasonable distance of the County. (2) Adequate services available only from manufacturer's, representative or licensee. (3) Restoration of equipment to service is urgent and delay caused by normal bid procedures will result in losses exceeding any savings which could reasonably result from competitive bidding. BeCK 047 PAr.E 506 ~COK 0(7 PACE 507 , August 7. 1979 , i'~)'1''': ,,~'~":-<. (4) Cause of equipment failure can-only be determined after dismantling of equipment and in fairness to the disassemblers would require it also be authorized to make needed replacement and/or repairs. Commissioner P1stor moved. seconded by Commissioner Archer and u&nimously carried 5/0, that the aforesaid amendment to the Purchasing Policy be adopted. * * * * * 11 11 11 11 11 * 11 11 * 11 11 11 11 11 11 11 11 * 11 11 11 11 11 11 .., 11 aoCK 047 PAGE 513 August 7, 1979 STATUS REPO~r ON RENOVATION TO CO~RECT EXISTING DEFICIENCIES AT THE IMMOKALEE STOCKADE - STAFF RECOMMENDATIONS APPROVED County Manager C. William Norman reported that the plans for the remodeling and addition to the Immokalee Stockade are about ready to be bid~ however, said Mr. Norman. additional deficiencies have been noted in the lighting system, and in the kitchen range hood and fire extinguisher system. Assistant County Manager John Walker explained the details of the above-noted deficiencies which were uncovered by a study by the Health Department and a review of the Fire Code and provided the Board with cost esti~ates for the additional corrections andlor renovations. Following brief discussion, Commissioner Archer ~ved, seconded by Commissionf Pfstor and unanimously carried 5/0, that the following staff recommendations for additional deficiency corrections to the Immokalee Stockade be approved, as contair fn the Executive Summary dated August 2. 1979, as prepared by staff: 1. Authorized directing of consultants (Kris Jai" and Associates, Inc.) to prepare construction drawings and cost estimate for kitchen range hood and its fire extinguisher system. (Estimated cost $10.000). 2. Authorize proper lighting system as shown in renovation construction plans be included in renovation cost estimate. (Estimated lighting cost $5.000). 3. Authorize staff to prepare specifications and advertise for bids on Stockade renovation to include original renovation, improved lighting system. and range hood and its extinguisher system. 4. Authorize the transfer of necessary funds from the contingency fund into the appropriate Stockade account to cover the above additional expenses. RESOLUTION 79-115 AMENDING PERSONNEL POLICIES AND PROCEDURES MANUAL TO REFLECT BOARD DIRECTED INCREASE IN MAXIMUM ACCRUED ANNUAL LEAVE - ADOPTED AS AMENDED Assistant County Manager John Walker recalled that on July 10. 1979 the Board directed the staff to study the pertinent section of the Personnel Policies and Procedures Manual to determine if an increase to 360 hours of accumulated annual leave is feasible. Mr. Walker said that the proposal has been deemed to be feasible under special conditions. said conditions detailed in the Executive Summary dated August 2, 1979. Utility Director Irving Berzon voiced objection to the verbage contained in the recommended Special Conditions; i.e. in Consideration 4-B - That the employee is in good standing with! g~od ~ttendanc. record: and in Consideration 4-C _ Tha the employee was rated ~ satisfactory (or bitter) in the prior year's perform appraisal. Mr. Berzon suggested that the underscored words are superfluous and should be deleted, and that the words in parenthesis, in the latter Consideration would be preferable. Discussion of the proposed amendment followed with Commissioner Pistor movin, that Resolution 79-115. amending Personnel Policies and Procedures Manual to refll Board directed increase in maximum accrued annual leave, be adopted, as recommendl by staff. Commissioner Archer suggested that the motion be &mended to include the changes suggested above, with Commissioner Pistor agreeing to the amended mot The motion was thereupon seconded by Commissioner Archer and carried by unanimous vote 510. * * * * * * * * * * * * * * * * * * * * * * BCO~ 047 ~GE514 * * * August 7. 1979 RESOLUTION 79-116 REQUESTING SFWHD TO ~IEND DISTRICT RULES TO ALLOW GENERAL PERMITTING ('!= SUCH WATER MANMEHENT PERMITS FOR DEVELOPMENTS OF LESS THAN 40 ACRES IN SIZE - ADOPTED; RESOLUTION 79-5 RESCINDED Utility Director Irving Berzon explained that in January, 1979 the Board adopted Resolution 79-5 which provided that Collier Coun~ will accept the Authority And responsibility for granting surface water management permits for developments of less than 40 acres in size, such authority granted through an amendment to Chapter 16K-4 of the South Florida Water Management District operating rules. However, said Mr. Berzon, the Resolution language did not satisfy certain legal criteria of the legal staff of the District and, therefore. a new revised resolution has been prepared jOintly by the County Attorney and the Distrfct which is now considered acceptable for presentation to the SFWMD Board of Governors. Commissioner Wimer moved, seconded by Commissioner Archer and carried unanimously 5/0, that Resolution 79-5 be rescinded, and that Resolution 79-116 concerning gen~ral permits for surface water management and Proposed Amendment to Chapter 16K-4 Rules. be adopted. . . * * * * * * * * * * * * * * . . . . . . 047 fAGf520 * BOaK BOOK 047 PI.CE 525 August 7, 1979 BOARD AUTHORILES PREPARATION OF FEA~IBLITY STUDY RE PERMITTING OF CONSTRUCTION OF LELY CANAL OUTFALL AND SPREADER WATERWAY, AND APPROVES EXPENDITURE OF UP TO $16,000 FOR SAME - ACCEPTING OFFER BY BCBB TO FUND 1/3 OF COST Utility Director Irving Berzon explained that both the Water Management Advisory Board and the Big Cypress Basin Board are concerned about the County's ability to obtain permits from the DER and the Corps of Engineers for the widening of the Lely C~nal, the construction of a spreader waterway and the construction of a water control structure, as recommended in the Water Management District No. 6 Report. Therefore, said Mr. Berzon. it is being recommended that a preliminary stud, be prepared by the Consultants (CH2M Hill) at an estimated cost of $15.400 for the field survey work and environmental investigation. both of whiCh are needed for the permit reviews. Mr. Fred Vidzes, BCBB Administrator, noted that a letter has been forwarded to the Board, dated July 30. 1979, wherein the Basin Board urges the County to proceed with preparing preliminary p1ans for the water control structure, and included therein is a commitment to assist in partial funding for the consultant's service on the basis of one-third Basin funds and two-thirds County funds. Commissioner Pistor moved for acceptance of the recommendation presented by Mr. Berzon; that an expenditure of up to $16,000 be allotted from the ~~B funds to carry out the proposed study; and that the Board accept the offer of the BCBB , to fund one-third of the cost. The motion was seconded by Commissioner Archer and carried 4/1 with Commissioner Wenzel dissenting. ROUTINE BILLS - APPROVED FOR PAYMENT Following Fiscal Officer Harold Hall's statement that the funds are available, Commissioner Wimer moved, seconded by Commissioner Archer and carried unanimously 5/0, that the bills be approved for payment as witnessed by the following warrants issued from August 1 through August 7. 1979, same having been processed following established procedures: FUND BCC Payroll BCC Payroll - CETA County Warrants CETA Sewer Dist. "A" Revenue County Water System County Water Supply WARRANT NOS. 2534 - 2969 62025 - 62026 9578 - 9906 16 14 10 11 August', 1979 . <.:'~;~;;;~~:<'~":~l::~~~f~i~~.S[,.,) BUDGET AMENDMENT 79-112 TO APPROPR1ATE FUNDS FORCONSTRUcTIOH OF BIKEPATHS fROM ROAD AriD BRIDGE tIP - ADOPTEi) IN THE AMOUNT OF $18.100 , . '. ""..'",,{. :,., Conmissioner Archer moved, secondidbyCoamfsifon.1" Pfstor and unanilllOusly ; . ,:,~,,~'"..t',,!,. -, carried 5/0. that Budget Amendment Ho. 79-112 to appropriate funds for the construction of bikepaths be adopted in the amount of $18,100 re Road and Bridge Department. * * * * * * * * . * * * * * * * * . * * * * * * * . * . BCCK 047 p~cE52G ..."....,..,..1_"l..'" ,. ; ~ " August 7. 1979 l ." BUDGET AMENDMENT 79-113 TRANSFERRIHG FUNDS TO AlLOW 4-H COORDINATOR TO. ATTEND STATE 4-H CONFERENCE - ADOPTED IN THE N~UNT OF S50 (AGRICULTURE) \::.t.,.' ; Commissioner Archer moved, seconded by Commissioner Pistor and unanimously carried 5/0t that Budget Amendment Ho. 79-113 for transfer of funds to allow 4-H Coordinator to attend State 4-H Conference be adopted in the amount of $50. * * * * * ,.. * * * * * * * * * * ,.. * * * * * * * ,.. * * * * * BOCK 047 rAcE528 August 7. 1979 '\.' " . . i,' ;. BUDGET AMENDM:NT 79-114 TRANSFERRI~S FUN OS TO PROVIDE FOR COST OF SUPPLIES AND MATERIALS TO OCTOBER 1. 1979 - AOOPTED IN THE AMOUNT OF $2,000 (OCHOPEE FIRE CONTROL DISTRICT) Commissioner Archer moved, seconded by Commissioner Pistor and carried unanimously 5/0, that Budget Amendment 79-114 transferring funds to provide for the cost of supplies and materials to October I, 1979, re Ochopee Fire Control District. be adopted in the amount of $2,000. * * * * * * * * * * * * * * * * * * * * * * * * * * * 80G~ 047 PACE 530 August 7.. 1979 BUDGET AMENDfoIENT 79-115 TRANSFFRRING EXCESS GRANT FUNDS TO CONFORM WITH STATE GRANT - ADOPTED IN THE AMOUNT OF $408 (SOCIAL SERVICES -HOMEMAKERS) . <-',. "."," ..'I, Commissioner Archer moved, seconded by Commissioner Pistor and carried unanimously 5/0, that Budget Amendment 79-115 to transfer excess funds currently budgeted in Homemakers grant in order to conform with the State Grant, Social Services - Homemakers Department, be adopted in the amount of $408. '* '* '* '* * * * * * * * * '* * '* * '* * '* '* * '* '* '* * '* '* * '* BOC~ 047 fIiCE532 August 7, 1979 PETITION R-79-22C. U.S. HOME CORP., REQUESTING REZONING FROM "GC. AND "RM-IGH" TO "RM-1GH" ANf'l "GC" FOR PROPERTY KNOWN AS LAKEWOOD UNIT 6, SCHEDULED FOR SEPTEMBER 4. 1979 - RE-ADVERTISING AUTHORIZED FOR PUBLIC HEARING SEPTEMBER 11. 1979 Administrative Aide to the Board Mary Horgan brought to the Board's attention that Petition R-79-22C, by U.S. Home Corp., requesting rezoning from "GC. and "RM- to "RM-1GH" and "GC" for property known as Lakewood Unit 6, has been advertised fo public hearing on September 4, 1979. and that, if it is the Board's intent not to meet on that date as has been proposed, the subject petition should be re-adver for public hearing at a later date. Commissioner Wenzel moved, seconded by Commissioner Archer and carried unanimously 5/0, that Petition R-79-22C be re-advertised for public hearing on September 11, 1979. PETITION R-79-21C, PETER CONE. REQUESTING REZONING FROM "An TO "CIM ON PROPERTY LOCATED IN SECTION 11. T49S. R25E - RE-ADVERTISING AUTHORIZED FOR PUBLIC HEARING SEPTEMBER 11. 1979 Pursuant to action taken on the previous item, Commissioner Wenzel moved. seconded by Commissioner Archer and carried unanimously 5/0, that Petition R-79-211 by Peter Cone. requesting rezoning from "A" to "CI" on property located in Section 11. Township 49 South, Range 25 East, originally scheduled to be heard on September 4. 1979, be re-advertised for public hearing on September 11. 1979. SCOTT FOSTER AND GERALDINE KALVIN. COLLIER COUNTY SCHOOL BOARD, TO SERVE ON PROPERTY APPRAISAL ADJUSTMENT BOARD Administrative Aide to the Board Mary Morgan reported that a telephone call had been received from Mrs. Olroyd of the Collier Coun~ School Board stating that Mr. Scott Foster and Ms. Geraldine Kalvin. also members of the School Board. would be serving on the Property Appraisal Adjustment Board, scheduled to meet on August 22 and 23. 1979. BOARD APPROVES EXTENSION OF APPROVED LEAVE OF ABSENCE RE ENGINEERING DEPARTMENT EMPLOYEE ROBERT G. MOODY FOR ADDITIONAL TWO WEEKS Commissioner Archer moved. seconded by Commissioner Wenzel and unanimously carried 5/0. that the previously approved 'eave of absence for Robert G. Moody. Engineering Department, be extended an additional two weeks, from July 30. to August 10. 1979. as recommended by staff. ecc~ 04.7 f~GE534 eonK 04.7 PA~E525 August 7, 1979 REQUEST FOR CHANGE IN ZONING ORDINANCE TO PERMIT PARkING OF BOAT IN CERTAIN PRIVATE DRIVEW~Y - DENIED Administrative Aide to the Board Mary Morgan said that. pursuant to a citation by the Zoning Department. a response has been received from Joey Burdg. together with a petition of support containing 13 signatures, requesting that the toning ordinance be changed in order to permit his parking of a boat in his driveway on Alhambra Circle. Following brief discussion of the matter, Commissioner Wimer moved. seconded by Commissioner Archer and carried unanimously 5/0, that the pertinent zoning ordinance remain status quo. BOARD AUTHORIZES CHAIRMAN TO SIGN LEASE-PURCHASE AGREEMENT BETWEEN THE COUNTY AND THE FOOT RE $10.000.000 BOND ISSUE Commissioner Wimer moved. seconded by Commissioner Wenzel and carried unanimously 5/0. that the Chairman be authorized to sign the five copies of the Lease-Purchase Agreement between the County and the Florida Department of Transportation with regard to the $10,000,000 Bond Issues, as requested by William E. Sweeney. Director. Division of Bond Finance, Florida Department of General Services. in his letter of August 3, 1979. ** Note: Complete agreement on file in office of Clerk of the Board. * * * * * * * * * * * .. .. * .. .. .. . * BOCK 047 rAcE 539 August 1, 1979 OISCUSSION ~E NEED FOR REVISIJNS 10 THE COMPREHENSIVE PLAN TO PROVIDE FOR ADDITIONAL INDUSTRIAL ZONING Commissioner Archer moved. seconded by Commissioner Pistor and unanimously carried 5/0, that a discussion of possible deficiencies in the County's Comprehen Plan regarding Industrial Lands, be scheduled for a WorkShOp Session, as requeste, in the memorandum dated July 31. 1979 from Commissioner Wimer. DISCUSSION OF PROVISION IN BOARD POLICY RE REMOVAL OF ADVISORY BOARD MEMBERS TO BE SCHEDULED FOR FUTURE WORKSHOP SESSION Commissioner Archer moved, seconded by Commissioner Pistor and unanimously carried 5/0, that the matter of amending the Board policy governing appointments to various advisory boards to provide for possible removal from said advisory boards. if it should ever become necessary. be discussed in future Workshop Sessil as suggested in the memorandum dated August 1, 1979 from Commissioner Wimer. MISCELLANEOUS CORRESPONDENCE - F1hED ANDIOR REFERRED There being no Objection, the Chair directed that the following correspondenc be filed andlor referred to the various departments as indicated: 1. Letter dated July 26, 1979 from Dale R. Eacker, 701 Program Administratc Florida Department of Community Affairs, transmitting signed contract between the State and the Coun~ re 101 ComprehenSive Planning Assistanc Grant - Referred to County Manager and Planning staff for review and implementation; and filed. . 2. Letter dated July 29, 1979 from H.J. Rohlf, Vice President. St. Croix Condominium Club, Naples, regarding vandalism and noise problem at Horizon Way beach access - xc County Manager for review and recommended action, if appropriate; and filed. 3. Letter dated July 27. 1979 from Rudolph V. Slaughter, Director, Office of Manpower Planning. Florida Department of Community Affair~ transmitti monitoring report of CETA Program and items to be corrected - Referred t County Manager and CETA Director for response; and filed. 4. Letter dated July 27. 1979 from Joan M. Heggen. Florida Department of Community Affair~ requesting copy of County s plans in event of a hurricane - xc County Manager 7/30/79~ and filed. 5. Letter dated July 24, 1979 from Everett H. Rothschild, Area Manager, Dep ment of Housing and Urban Development, indicating that application for CID Block Grant Program funds has been approved (Grant No. B-79-DN-12-02 Backup material provided to Dr. Danny Crew; filed. 6. Reports from Lee Coun~ Electric Cooperative Inc. for June. 1979 re Collier County Marco Lighting District. and the Immokalee Lighting District - xc Coun~ Engineer; and filed. ~oc~ 047 PhGE 54! August 1, 1979 17. D.O.T. ~otice of rule title involving vegetation management at outdoor advertising display - xc County Engineer~ and filed. 18. Monthly departmental reports from BUilding - July 31, 1979; Word Processing Center - July, 1979; and County Library System - Month Ending June 30, 1979. 19. D.O.T. report on the monthly roll summary for period ended July, 1978- June, 1979 as it pertains to Everglades Parkway (Alligator Alley) - xc County Engineer; and filed. 20. Memorandum dated July 31. 1979 from Ernest S. Urassa, Balance of State Program Administrator, Florida Department of Community Affairs transmitting Summary of Florida Balance of State Title II-D, Title IV Summer Youth, and Title VI Grant Modifications - xc CETA Director; filed. 21. Notice dated July 31, 1979 from HUD that app1fcatfons are befng accepted for Community Development Grant for the FY '80 competition for grant funds - xc Planning Director. and filed. 22. Memorandum dated August 1. 1979 from John R. Harkr.ess. Jr., State Courts Administrator. re Statewide Conference on Citizen Dispute Settlement _ xc Judge Carlton for review and distribution~ and filed. 23. Letter dated August 2, 1979 from Ernest Ellison, Auditor General. State of Florida requesting confirmation of County balance with FOOT as of 6/20/79 - xc Fiscal Officer for response; and filed. 24. Letter dated August 3, 1979 from H. Frank Simonds, Jr.. Asst. Vice President. Stockton, Whatley, Davin & Company. Fort MYers. regarding inspections of properties insured under Section 221 (d) (2) of the National Housing Act - xc County Manager for review and action; and filed. 25. PSC Docket No. 790420-RULES(RA} hearing to adopt rule amendments to various Rules relating to the uniform system of accounts - xc Steve Fain; and filed. DISCUSSION OF WORK PROGRAM RE PRISON INMATES Responding to Chairman Brown's invitation to the public for other matters to be brought before the Board. Mr. Mike Zewalk inqUired why Collier County prison inmates are not permitted to work during their incarceration, Citing the State of Georgia has such a work program which is saVing the State's taxpayers $2.000,000 annually. County Manager Nonman explained that certain inmates are working, if they are permitted under the law. and also pointed out that Georgia has copied the County's program in this regard. He also stated that there are two crews from the Stockade working under the Road and Bridge Department. Mr. Zewalk commented that he was satisfied that such a program is being implemented to the extent possible. August 7. 1979 Following completion of the regular agenda, the Chair directed that the ~oard remain in session to address the following matters with regard to the 1979-80 Fiscal Year Budget, as requested by Fiscal Officer Harold Hall: 1. Additional reductions in bUdget. 2. Transfer of funds, if necessary. for reduction in millage rate, and FY 1979-80 tentative budget approved. 3. Personnel request by Ochopee Fire Control District. 4. Elimintation of 2% administrative charges from Special Taxing Districts, where applicable. 5. Authorization to advertise public hearing date. BOARD APPROVES ADDITIONAL REDUCTIONS IN FY 1979-80 BUDGET ($6,000 - IMMOKAlEE lANDFILL. AND $25,000 - EQUIPMENT-ROAD AND BRIDGE) County Manager C. William Norman reported to the Board that. due to the fact that the new position for the Immokalee Landfill will not be required for at least six months into the new Fiscal Year. one-half of the costs. or $6.000. for same can be cut from the pertinent budget. A further reduction. said Mr. NannIn, is for equipment in the Road and Bridge budget. He said that another look has bee~ taken of the specifications for the hydr~ulic excavator and it is now felt that it can be obtained for $25,000 less than the original estimate. County Engineer Barksdale explained that the estimate is based on a "sort of" firm quotation of the estimated value of the dragline traded in. Adding the two reductions together, said Mr. Nonnan, a reduction of $31.000 can be made. It was the consensus of the Board that the reduction be approved. BOARD AUTHORIZES FISCAL OFFICER TO TRANSFER ADDITIONAL FUNDS, IF NECESSARY, FROM CASH CARRYOVER ANDIOR CAPITAL IMPROVEMENT FUNDS TO REDUCE THE MILLAGE RATE FOR FY 1979-80 TO 5.45 MILLS. AND APPROVES TENTATIVE BUDGET Resp "Iding to Commissioner Pistor, Fiscal Officer Harold Hall said that the amount being carried over in the operating general fund coming into the current year is the same as last year - $1,800,000. and the amount for Capital Improvements is approximately $900.000. As to the effect the cutting of $200.000 or $250.000 fr the carryover fund would have on the operations at the end of next year. Hr. Hall said that it would definitely cut into the Capital Improvement Program. and that it would decrease the amount of reserve the County would have going into the coming year. Mr Hall said that such a cut could be done; however. he said that caution is needed because of economic conditions in the coming year. He said that the Department of Revenue has already told him that they are skeptical with regard to the gas tax receipts. W''< 047 \'~~f5~2 ~oc~ 047 rAGE 543 August 7, 1979 During t~J discussion, Commfssfoner Wenze1 observed that if $100,000 was taken from the cash carryover and $100,000 from the Capital Improvement Program. for a total of $200,000, that would be a safe figure to work with. Commenting that last year.s millage rate was 5.47 mills, Chainman Brown moved that the Board reduce the budget to a point where it can be funded by a millage rate of 5.45 for County-wide funds, and that the tentative budget for FY 1979-80 be approved. Commissioner Wenzel seconded the motion. Regarding whether or not a millage hearing is required, Mr. Hall said that such hearing is necessary because, even though there is a decrease in an individual" taxes, it is above the certified millage that would return the same number of dollars, commenting that Florida Statute 200 requires that if you increase the millage above the millage necessary to produce the same amount collected the previou~ year, a hearing is necessary. Upon call for the question the motion carried unanimously 5/0. Commissioner Wimer stated that it is his understanding of the motion that the subject funds do not all have to come from the cash carryover, suggesting that the funds could come from wherever possible in the budget. The Commissioner was assured his understanding of the motion is correct with Mr. Hall adding that if other sources for reductions cannot be found, the suggestion made by Commissioners Pistor and Wenzel would be followed. BOARD APPROVES REQUEST BY OCHOPEE FIRE CONTROL DISTRICT TO DIVERT CETA POSITION TO REGULAR POSITION. AS RECOMMENDED BY COUNTY MANAGER County Manager C. William Norman recalled that when the Board tentatively approved the various Fire District budgets for FY 1979-80 each specific budget was not addressed individually. He said that he recommended some cuts in the Ochopee Fire Control District budget which were not discussed and he would like to change his recommendation of a cut in the form of 1~ people and the down payment on a truck. Also, that the Ochopee Fire Chief and the advisory Board have appealed to him to allow the District to divert one CETA position rather than having to layoff a person who is a resident of the community. trained and certified. He said if the recommendation is approved the District will still have a carryover of between $15.000 and $20.000 at the end of the coming year. August 7, 1979 Therefore. said Mr. Norman. he is recommending that there be a cut of one-half person and the $9,000 truck payment and approve the on. position requested. Commissioner Wimer moved, seconded by Commissioner Pistor and carried 4/0 with Chairman Brown not present. that the County Manager's recommendation be approved with re9ard to the Ochopee Fire Control District's budget for FY 1979-80. BOARD APPROVES FISCAL OFFICER'S REQUEST FOR ELIMINATION OF THE 2% ADMINISTRATIVE CHARGES WHERE INCLUDED IN SPECIAL TAXING DISTRICTS BUDGETS PENDING FURTHER REVIEW Fiscal Officer Harold Hall said that in some special taxing district budgets there is an administrative charge included and that he would like the Board's approval to eliminate the 2% administrative charge. where applicable. until such time as all of the special districts can be reviewed and a uniform approach implemented. Commissioner Archer moved, seconded by Commissioner Wimer and carried 4/0 ~ith C~a1rman Brown not present. that the request by Hr, Hall be approved. STATUS REPORT ON COMMUNICATIONS COSTS BY FISCAL OFFICER Fiscal Officer Harold Hall reported that the final figure on the Communications costs will be approximately $38.000 above the prior year. He said that this figure has been added into the budgets and is included in the latest budget figures presented to th' Board this date. ADVERTISING AUTHORIZED FOR PUBLIC HEARING AUGUST 21. 1979 RE FY 1979-80 TENTATIVE BUDGET Fiscal Officer Harold Hall explained that once the proposed bUdget has been adopted advertising can be authorized for a public hearing. He said that one budget hearing is necessary and, although not required. it has been the practice of the Board to hold this hearing at night. It is being recommended, continued Mr. Hall. that Tuesday night, August 21. 1979, be established as the date for the public hearing. Commissioner Pistor moved that advertising be authorized for August 21. 1979 for a public hearing on the tentative budget for FY 1979-80. The motion was seconde( by Commissioner Archer and carrried 4/0 with Chairman Brown not present at the time of the vote. ~r~~ 04 7 v.~l'r ~44 ~OCK 047 PitcE545 August 7, 1979 Discussion followed with regard to establishing dates for the two required millage hearings to be held following the adoption of the final budget. The two dates suggested were a night hearing on September II, 1979, and the other a day hearing on September 18. 1979. It was Mr. Hall.s further suggestion that the dates remain tentative pending the results of the budget hearing on August 21, 1979. * * * * . * * * * * * * * * . . * There being no further business for the good of the County, the meeting was adjourned by order of the Chair - Time: 11:00 A.M. ARD OF COUNTY COMMISSIONERS/EX 10 GOVERNING BOARD(S) OF SPECIAL S UNDER ITS CONTROL ATTEST: WILLIAM J. REAGAN. 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