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BCC Minutes 02/07/1978 R ': 00 1\,'1 Naples, Florida, February 7, 1978 LET IT BE REMEMBERED, that tho Board of County Commissioners in and for ~he County of Collier, and also acting as the Governing Doardls) 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: C. R. "Russ" Wimer VICE-CHAIRMAN: John A. Piator Thomas P. Archer Clifford Wenzel David C. Brown ALSO PRESENT: William J. Reagan, Clerk~ Harold L. Hall, Chief Deputy Clerk/Fiscal Officer; Edna Brenneman, Deputy Clerk~ Donald A. Pickworth, County Attorney; Irving Berzon, Utility Director; Neno Spagna, Director of Community Development~ Martha Skinner, Director of Social Services; Mary Morgan, Administrative Aide to the Board~ and Deputy Chief Raymond Barnett, Sheriff's Department. AGENDA I. INVOCATION I I. PLEDGE OF ALLEGIANCE III. APPROVAL OF AGENDA IV. APPROVAL OF MINUTES: None V. ADVERTISED PUBLIC IIE\RINGS A. Proposed Ordinance Expanding the District Boundaries for the Golden Gate Fire Control District--deferred from January 24, 1978 (Hall) B. Proposed Ordinance Expanding the District Boundaries for the Och0pee Area Fire Control District--deferred from January 24, 1978 (Hall) C. Petition SMP-77-2-C by Petitioner Coral Ridge-Collier Properties request subdivision ~Iaster Plan Approval for Pelican Bay Unit 1, Section 9, Township 49S, Range 2SE (Pickworth) D. Proposed Ordinance creating County Water/Sewer District (Pickworth) VI. OLD BUSINESS 367 bk 40 February 7, 1978 AGENDA - APPROVED WITH ADDITIONS/DELETIONS Chairman Wimer nt~ted that, if there were no objections, Social Services Case No. W-1482 would be discussed prior to the beginning of the public hearings. There were no objections. Commissioner Wenzel noted that he would like to make a state- mcnt under Public Petitions. Chief Deputy Clerk Harold Hall asked that the proposed ordi- nances expanding the DiRtrict boundaries re tho Golden Gate Fire Control District and the Ochopee Area Fire Control District be continued to the meeting of ~ebruary 14, 1978. County Attorney Pickworth asked that the proposed ordinance creating the County Water/Sewer District be continued indefinitely. Commissioner Wenzel moved, seconned by Commissioner Pistor and carried unanimously, that the agenda be approved with the afore- mentioned change, addition and continuances, and the following Additions/Deletions: ADDITIONS & DELETIONS February 7, 1978 ADDITIONS IV. APPROVAL OF MINUTES: January l7, 1978 DELET IONS X. mSCELLANEOUS BOARD ITDIS A. Request for appointments to the Contractors I Licensing Board as constituted by Ordinance 78-2 (Pickworth). MINUTES OF MEETING OF JANUARY 17, 1978 - APPROVED Commissioner pistor moved, seconded by Commissioner Wenzel and carried unanimously, that the minutes of the meeting of January 17, 1978 be approved as presented. 369 bk 40 370 bk 40 February 7, 1978 SOCIAL SERVICES CASE NO. W-1402 - APPROVED Following Social Services Director Martha Skinner's explana- tion of Social Services Case No. W-l482 and her statement that she approved of payment for same, Co~missioner Brown moved, seconded by Commissioner '''enzel and carried unanimously, that the Board approve payment of Social Services Case No. W-l482. PROPOSED ORDINANCE EXPANDING THE DISTRICT BOUNDARIES FOR TilE GOLDEN GATE FIRE CONTROL DISTRICT IDEFERRED FROM JANUARY 24, Iq78) SCHEDULED FOR '''ORK SHOP SESSION FEBRUARY 13, 1978 AND F0R BOARD ACTION FEBRUARY 14, 1978 Legal notice having been published in the Naples Daily News on December 28, 1977 as evidenced by Affidavit of Publication previously filed with the Clerk, public hearing was continued from January 24, 1978 for consideration of a proposed ordinance expanding the District boundaries for the Golden Gate Fire Control District. Chief Deputy Clerk Harold Hall advised that the staff was unable to develop sufficient information on which to base a recommendation to the Board regarding the changes in the District boundaries. He said that it would be in the be~t interests of the residents and the Commisl'iion to continue the puhlic hearing until the meeting of Fcbruary 14, 1978 and that if the Board was in agreement the matter could be schcduled for a Work Shop Session on February 13, 1978. Official action having been taken during the approval of the agcnda this date for deferment of the proposed ordinance, Chairman Wimer directed that the matter be scheduled for the Work Shop Session of February 13, 1978 and that the public hearing be continued until the meeting of February 14, 1978. There were no objections voiced. PROPOSED ORDINANCE EXPANDING TilE DISTRICT BOUNDARIES FOR THE OCHOPEE AREA FIRE CONTROL DISTRICT IDEFERRED FROM JANUARY 24, 1978) - SCHE- DULED FOR WORK SHOP SESSION FEBRUARY 13, 1979 AND FOR BOARD ACTION FEBRUARY 14, 1978 Legal notice having been published in the Naples Daily News on December 28, 1977 as evidenced by Affidavit of Publication previously February 7, 197U filed with the Clerk, public hearing was continued from January 24, 1078 for cvnsideration of a ?roposed ordinance expanding the Dis- trict boundaries for the Ochopee Area Fire Control District. Chief Deputy Clerk Ilarold Hall advised that the staff was un- able to develop sufficicnt information on which to base a recom- mendation to the Board regarding the changes in the District bound- aries. He said that it would be in the best interests of the resi- dents and the Commission to continue the public hearing until the meeting of February 14, 1978 and that if the Board was in agreement the mattcr could be scheduled for a Work Shop Session on February 13, 1978. Official action having been taken during the approval of the agenda this date for deferment of the proposed ordinance, Chairman Wimer directed that the matter be scheduled for the Work Shop Session of February 13, 1978 and that the public hearing be continued until February 14, 1978. There were no objections voiced. PETITION SMP-77-2-C BY CORAL RIDGE-COLLIER PROPERTIES REQUESTING SUBDIVISION MASTEH PLAN APPROVAL FOR PELICAN BAY UNIT 1, IN SECTION 9, T49S, n25E - APPROVED Legal notice having been published in the Naples Daily News on January 19, 1978 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was held to consider Petition SMP-77-2-C by Coral Ridge-Collier Properties requesting Subdivision Master Plan approval for Pelican Bay Unit 1, located in Section 9, Township 49 South, Range 25 East. Dr. Neno Spagna, Director of Community Development, explained that the matter before the Doard is the first unit of the Pelican Uay Site Development Plan; that the project has been reviewed by all of the required advisory boards and the Subdivision Committee, and is being recommended for approval subject to certain conditions. Dr. Spagna outlined the three major requirements, which the Peti- tioner has agreed to, as follows: 371 bk 40 372 bk 40 February 7, 1978 1. The requirement for the Jnstnl.lation of utility cnuingB (Scct5~n 2~, page 00 of the Subdivision Rc~ulations) bo waived. Thi!'\ vnrinnca is recommended for opprovlll with the asnumption thnt the developer will provide all tha.. required utilitie!; prior.to the dave10plllent of tho street!: in /l m"nner Dnc1 in locations approved by the County Engineering n~pnrtmcnt and subject to the review and approval of the future construction plann. 2. The rcquef;t of lOCiltillg soma utility Olisaments within the buffer ~rean (exemption from the last sentence of Section ~, page GO of the subdivision Regulations) is npproved. 3. The request for deletion of tho requirement to install sidewillks on e.1ch side of co11actor streets and cubsti- tution of n bikeway on one side of these collector streets. Arter considerinq this request the Subdivision Committee recommended npprov.,l of the following: 1\. Rond typo "A" as shown on [lhcct two io npprovcd liS shown. D. . Rood type "u" will hava n five foot wido bikcwny, on one side only ~~cre the right-of-wny is 04 ft. lInu ~lill have D five foot: wido bikeway on both Dides where tho right-or-wuy is lOO ft. C. Road type "C" will have n fivo foot wide bikewny on both sides. Mr. Thomns Peek, of Wilson, Miller, Barton, SolI & Peek, Inc., representing the Petitioner, located the area under discussion on the map provided, stating that there arc 336 acres involved in Unit 1, which includes commercial development and all four types of per- mitted residential dwellings. Also, said Mr. Peek, there is a ten- <1crc neighborhood park in the plan and public roadways. Concerning the plans for the bikepaths, Commissioner Pistor inquired if they would be separata from the actual roadways with Mr. Peek responding that they will be physically separat~d from 19' to 30' depending on the roadway in question. Commissioner Pistor voiced concern over the type of bikepath markings throughout the County which consist of white striping on the pavement itself and which he said should be eliminated. Mr. Peck requested that the term "exemptions" be substituted for the word "variances" where used in the recommendations by staff February 7, 1978 and Subdivision CommiLLee. He said this was pointed out to the Coastal Are~ Plannins Commission ~nd identified as being a proper change. Mr. Mike Zewa1k, representing the North Naples Civic Asso- ciation, voiced satisfaction that the development of the Pelican Day Project is proceeding I however, he said that there is a concern over the traffic which will be generated following construction of the church in the area to be developed. He said this congestion could be alleviated by providing more than one means of egress And ingress, suggesting the possibility of diverting some of the traffic southward onto Crayton Road. Mr. Peek explained that in the origi- nal plan the rights-of-way and the conncction of the extension of Crayton Road north of Seagate Drive and West Boulevard north of Sea- gate Drive wcre contain~d in the plan and they still are. However, said Mr. Peck, during the subsequent review of the PUD document it was fclt by the CAPC and the Board that the Actual physical connec- tion of the two pavements should not occur until some future date when timc has pcrmitted the study of the problems involved by their not being connectcd. He said that the Board could direct that the connections be made if it deems necessary, adding that if they are connected as part of the development jmprovements, the developer will pay for the road improvements. Commissioner Pistor pointed out that the decision which was made regarding the continuation of the roads in question was due to the fact that there was considerable public opinion expressed objecting to the extensions. For that rcason, conttnued the Co~- missioner, it was agreed by the developer that they would dedicate the right-of-~ay but would comply with the general request that the streets not be continued through. It is his opinion, said Commissioner Pistor, that it was a matter of trying to satisfy the public and not to carry out what seemed to be good planning. 373 bk 40 374 bk 40 February 7, 1978 ~lr. Llo"d Sarty, Naples Civic Association, commented that it was the thinking by the City of Naples that if the roads were con- nected the traffic on Crayton Road would be unbearable and this concern was expressed during the public hearings on the matter. There being no further persons registered to speak, Commissioner Wenzel moved, seconded by Commissioner Archer and carried unanimously, that the public hearing be closed. Commissioner Wenzel moved for approval of petition SMP-77-2-C be Coral Ridge-Collier Properties requesting Subdivision Master Plan approval for Pelican Bay Unit 1, in Section 9, Township 49 South, Range 25 East, as presented and as recomn.ended by staff and the Sub- division CommitLee. The motion was seconded by Commissioner Pistor and unanimously carried. PROPOSED ORDINANCE CREATING COUNTY WATER/SEWER DISTRICT - CONTINUED INDEFINITELY Legal notice having been published in the Naples Daily News on January 20, 1978 as evidenced by Affidavit of Publication filed with the Clerk. public hearing was opened to consider a proposed ordinance to create the County Water/Sewer District. County Attorney Pickworth requested that consideration of the ordinance be continued indefinitely and at such time a date is es- tablished for such consideration a public notice will be advertised so that those persons who wish to address the matter can be heard. Official action having been taken during the approval of the agenda this date for deferment of the proposed ordinance, Chairman Wimer directed that the proposed ordinance to create the County Water/Sewer District be continued indefinitely. PETITION R-77-27-C BY VANDERBILT l~EST CORPORATION REQUESTING RE- ZONING FROM "GRC" TO "RM-2" FOR PROPERTY LOCATED EAST OF THE EN- TRANCE TO VANDERBILT TOWERS NEAR THE YACHT BASIN - ADVERTISING AUTHORIZED FOR PUBLIC HEARING HARCH 21, 1978 Commissioner Archer moved, seconded by Commissioner Pistor and carried unanimously, that petition R-77-27-C by Vanderbilt February 7, 1970 West Corporation requesting rezoning from "GRC" General Retail Commercial to "RM-2" Residential Multi-Family for property locAted just east of the entrance to Vanderbilt Towers, near the Yacht Basin, be advertised for public hearing March 21, 1978. RESOLUTION R-78-l8 RE PETITION SNR-77-9-C BY RUTH KUMICICH REQUEST- ING STREET NAMES FOR BLUE SKY MOBILE HOME PARK IN S3l, T49S, R26E - ADOPTED; DESIGNATION OF STREET NAMES AS OUTLINED BY PETITIONER - APPROVED Utility Director Irving Berzon explained that Petition SNR-77-9-C is a request to the Board for confirmation of six street names, said streets being located in the Blue Sky Mobile "orne Park which is located in the Southeast Quarter of Section 31, Township 49 South, Range 26 East. lie said that the petition was presented by nuth Kumicich and has been reviewed by staff and with the Post Office and that the designated street names are being recommended for approval Brief discussion followed concerning ownership of the streets in question which Dr. Neno Spagna, Director of Community Development, stating that, to his knowledge, the streets are all private streets. Commissioncr Wenzel moved, seconded by Commissioner Archer and carricd, that Rcsolution R-7B-IB re Petition SNR-77-9-C by peti- tioner Ruth Kumicich requesting street names for six streets in tho Blue Sky Mobile Home Park located in Section 31, Township 49 South, Range 26 East, be adopted, and that the names of the streets, as contained in the Resolution, be approved. . . . . . . . . . . 375 bk 40 . February 7, 1978 RESOLUTION R-78-l9 RE PETITION SNR-7B-1-C BY PLANNING DEPARTMENT AND U.S. POST OFFICE REQUESTING STREET NAMES FOR UNNAMED STREETS IN TilE COUN",'Y AND CIl;.NGES FOR STREETS THAT NEED CLARIFICATION - ADOPTED; DESIGNATION OF STREET NAMES AND CHANGES, AS OUTLINED BY STAFF - APPROVED Dr. Neno Spagna, Director of Community Development, located the streets in question re Petition SNR-7B-I-C by petitioner Planning Department and the United States Post Office requesting street names or street name changes for eight streets located in various areas of the County. He explained tho reasons why the suggested names were chosen adding that the petition was drawn up, in part, due to the difficulties encountered in identifying and referring to certain streets in conjunction with the 911 Program presently under way. Commissioner Wenzel moved, seconded by Commissioner Pistor and carried unanimously, that Resolution R-78-19 re Petition SNR-7B-I-C requesting street names for unnamed streets in the County and changes for streets that need clarification be adopted and that the designation of street names and changes, as outlined by the the staff, be approved, ^s contained in said Resolution. . * . * * * * . . . * . 377 bk 40 * 3!l0 bK 40 February 7, 1978 POLICY STATEMENT REGARDING PBRS0NNEL TO BE INCLUDED IN COUNTY HEAT,TII GROIIP INSURANCf,; PROGRAM - ADOPTED Utility Director Irving Berzon stated that a policy has been drawn up which identifies the County employees who are to be covered by the Group Health Insurance Program funded by the County. He noted that in recent months there have been inquiries regarding non-County employees participating in the Program. Fiscal Officer lIarold Hall stated that a specific request has been received from the Collier lIousing Authority in ImmoKalee which has been reviewed with the insurance consultants and discussed during a Risk Management meeting. Mr. lIall said that the consultants strongly advised against including any employees other than regular employees of the Board of County Corr~issionors and the five consti- tutional officers in the insurance program. The reasons for this, continued Mr. lIall, is that the purpose of group insurance is not to group people together bur. to afford insurance to a group of people formed for a primary purpose which, in this case, County Government, and that insurance companies generally frown upon bring- ing other persons into the group. The second reason, he said, was that if persons other than the regular employees mentioned were included, it would impact the insurance rates eventually. ~r. Hall said ~hat since the Board administers the CETA Pro- gram, the CETA employees will be covered, excluding the temporary or ors IOthcr Peoples Sprvlces) employees. Also covered in the policy, continued Mr. lIall, are retirees, in accordance with the policy recently adopted by the Board. It was recommended, said Mr. Hall, that coverage be limited to just those groups named. Regarding the request received previously mentioned, Mr. Hall said that if the Policy is adopted, that request would be denied: however, the Marco Island firemen are covered and the Board is reimbursed for this coverage. Under the new Policy, those firemen would be ineligible February 7, 1978 nnd that a plan would have to be worked out with them to obtain gr0up coverage elsewhere, sai~ Mr. Hall. Regarding reimbursement which was questioned by Commissionor Wenzel, Mr. Hall said that for the five constitutional officers and the Marco Island firemen, the Board pays the insurance and the Board is reimbursed in the exact amount. Retirees likewise reimburse the County, he added. For CETA employees, Mr. Hall said that CETA pays the insurance. Commissioner Archer moved, seconded by Commissioner pistor that the Policy Statement regarding personnel to be included in the County Health Group Insurance Program be adopted as recommended by Mr. Hall. Mr. Berzon inquired if employees of the dependent districts, specifically utility employees of the various districts, are in- cluded with Mr. lIall responding in the affirmative stating that they are recognized as such in the Policy and adding that employees of the Gulden Gato and Ochopee Fire Departments are recognized as being County employees. Upon call for the question, the motion carried by unanimous vote. * * * * * * * * ", ", ", 381 bk 40 * Fcbruary 7, 1978 TAX COLLECTOR AUTHORIZED TO PROCEED WITH NEGOTIATIONS WITH THE NAPLES DAILY NEWS RE PUDLISIIING OF 1977 DELINQUENT TAX LISTS Administrative Aide to the Board Mary Morgan noted that the Board is to select duripg the month of February the new~paper which the Tax Collector can bcgin negotiations with for the pub- lishing of the Delinquent Tax Lists. It is recommended, said Mrs. Morgan, that Mr. Ayers be authorized to begin negotiation~ with the Naples Daily News for the publishing of the 1977 lists. Commissioner Archer moved, seconded by Commissioner Pistor that the Tax Collector be authorized to negotiate with the Naples Daily News for the purpose outlined above. In response to Commissioner Archer, Mrs. Morgan replied that tho tax rolls were advertised in The Naples Star the previous year. Upon call for the question, the motion carried by unanimous vote. ,. ,. ,. ,. ,. ,. ,. ,. ,. ,. ,. ,. ,. ,. RECESS: 9:45 A.M. until 9:55 A.M. ,. * ,. ,. ,. ,. * ,. ,. ,. ,. ,. ,. ,. ADVERTISING AUTHORIZED FOR THE EARLIEST DATES REGARDING ORDINANCES TO ESTABLISH RATES FOR \'lATER SERVICE AND SYSTEM DEVELOPHENT CHARGES RE WATER AND SEWER Utility Director Irving Berzon presented requests for autho- rization to advertise three specific ordinances one regarding rates in the new areas to be taken over by the County for water service, and the other two having to do with system development charges for both water and sewer - water in the case of the aredS to be served by the County, and sewer in the case of the areas in the North Naples Sewer System, Sewer Service Area RA". He said that when the materials are aready, they will be presented to the Clerk for advertising. 383 bk 40 384 bk 40 February 7, 1978 Commis~ioner We~zel moved, sccondeu by Commissioner Pistor and carried by unanimous vote, that authorization be approved for advertising the three ordinanccs outlined by Mr. Berzon, said auvertising to be at the earliest dates in accordance with the Statutes. ROUTINE BILLS - APPROVED FOR PAYMENT Following Fiscal Officer Harold Hall's statement that the bills being presented for approval of payment have been processed follow- ing established procedures and that funds are available, Commissioner Brown moved, seconded by Commissioner Pistor and unanimoUSly carried, that the bills be approved for payment as witnessed by the following warrants issued from February 1, 1978 through February 7, 1978: FUND WARRANT NOS. General Fund BCC Payroll Road & Bridge Aquatic Weed Sewer Dist. "A" Revenue 2509 - 2756 38702 - 39091 13 4 12 - 13 REINSTATDIENT PAY FOR FORMER COUNTY EMPLOYEE TONY ASCOLESE - APPROVED IN THE AMOUN'l' OF $9,171. 25 County Attorney Pickworth explained the circumstances surround- in9 the reinstatcment pay to formcr County employee Anthony Ascolese, noting that the employee was suspended by the Board following the bringing of criminal chargcs against him by the State's Attorney's office. These charges were later dropped, said Mr. PicKworth, and the employee was reinstated. He worked for a period of time and subsequently resigned, said Mr. Pickworth, and said that the rein- statement pay under discussion is for the period of the suspension. Mr. PicKworth pointed out that although it was not specifically authorized at the time of the dismissal, in his opinion, it WAS the consensus of the Board that the employee would be entitled to the baCK pay since it was noted at the time of the dismissal thAt such February 7, 1978 pay was dependent on the outcome of the criminal charges which were brou~ht againEt him. Following additional brief discussion, Commissioner Archer moved, seconded by Commissioner Brown, that reinstatement pay for former County Employee Anthony Ascolese be authorized in the amount of $9,171.25, upon the advice of the County Attorney. Upon call for the question, the motion carried 4/1 with Commissioner Wenzel voting in opposition. BUDGET l\MENDNENT NO. 78-40 TO APPROPRIATE FUNDS FOR ASSISTANT STATE ATTORNEY TO SERVE BOTH THE CITY OF NAPLES AND THE COUNTY - ADOPTED IN THE TOTAL AMOUNT OF $6,282.29 - ONE-HALF OF TilE COST TO BE REIM- BURSED BY THE CITY Commissioner Archer moved, seconded by Commissioner Wenzel and carried by unAnimous vote, that Budget Amendment No. 78-40 to appro- priate funds for the position of Assistant State Attorney, to serve both the City of Naples and the County, be adopted in the total amount of $6,282.29 - one-half of such cost to be reimbursed by the City. . . . . . . . * . * * . * 385 bk 40 * 3B6 bk 40 February 7, 1978 IRQ OF COUNTY CO:'.'11 S$I ONEI1S COl.L ~ m COUNTY,. nO? I D/\ R E QUE S T r 0 R 1\ lJ () (. ETA' J.I E: lJ 0 j.\ r: IJ T v0UNTY Nor.'..IJ of ~,>tlng U3p't.ATTORNEY DESCrUf'TION MID JUSTIFIC1\T!O;'! OF Nla:O:.1EIU REQUESTED (I'repnro In tf"iptlco'to. ._~~~~ c:.--. bo rcf.:Jlnccl by tho reqllo5tlng D,'purtrnElIlt. forword oriaimll ond ono cOP'I to FI!OClll Off~~. Use continuDtion ~hcots vnd nftnch supporting docum~nt5, If naodod) To appropriate funds for an Assistant State Attorney to serve both City and County for a period of twenty-three (23) weeks, through July 1, 1978, after which date the parties hereto may re-negotiate. This position is for the purpose of prosecuting violations of County and municipal ordinancp.s and laws relating to. Collier Collier and the City of Naples. The secretarial back-up will be supplied by CETA. City to pay ~ of this cost. Approved by Board of County Commissioners on January 10, 1978. ?REP/\HED I3Y DEP/\!mlENT APPROVAL COUNTY !.\i\NAGER APi'j;;)VAL Don Pickwdrth & John Pace 0l\TEl-30-78 DATE DATE CTH I S SECT 1 ON TO DE CO:-"lPLETCD DY F I N.A.NCE) IICCOUNT = TO: (Increase) Salaries & Wages - General Fund Hatching Costs Group Insurance Workmcns Compo 001-2101-00-1020 001-2101-00-1050 001-2101-00-1060 001-2101-00-1070 N.:O!J~IT $ 5,307.110 800.89 168.60 6.00 ~ 6,282.89 $ 6,282.89 FRON: (Source of F~:1ds) Gontingcncies - General Fund 001-2101-00-7010 fJOIlf~:) OF COU:HY CC:..'115S 1O:~ms ^';~';;~VAL--r'iiuD::;f:T 1\~.:::~;D:.if'r; I - DATE 2/7/78 '" ' -___J ~O. 78-40 Tho F 5(;ill Officer, nfter receipt of 'tho uppr'('lvod original fro;:'! the County 1.:,1n;,\;Or. ~:ll f!lIull:f.o 'lhis rCClllo5t for'lb,JI'd rcdo\~ nnd I1ppl'o'llll. Follo',~lna n.::>anJ ,."fion, 1hoJ F1~cc,1 ?r!.,~Te~',,::V..I_ ~~-o;~::5..~r.?~~r?~_P,g?2~!.~'~~~d:n;:nlr. :hr~t;~\:..~~?~n:ina n~l! ~.cn~ l! ~~?y r~t1 E /,PPROVIIL - . - I.Y.n^TF.$' 1/ 7 ~ BUDGET AMENDMENT NO. 7B-4l TO TRANSFER FUNDS FROM PUBS BOOKS TO MICRO- FILM ACCOUNT RE LIBRARY HEADQUARTERS - ADOPTED IN THE AMOUNT OF $l,lOO Commissioner Pistor moved, seconded by Commissioner Wenzel and carried by unanimous vote, that Budget Amendment No. 78-41 to trans- February 7, 1978 fer funds from Pubs Books to Microfilm ^ccount re Library Head- quarters bp adopted in the amount of $1,100. CG~L1 c.H COUNTY, FLORIDi\ f, :1 t N U M t II I . LIBRARY Nun:a 01 flcquestlng D'.lpt. Col. Co. Pub OESeRI PT I ON AND JUSTI f I CATION Of AI-IEND~:WT REQUESTED (Prepore 1 n trl p II coto. Ono copy b~ rotolnod by tho requestIng Department. Forward origInal end ono CO?y to fiscal Offlc- u~v ~ontrnu~tlon sheets and nttach supporting documents, If neodod) tl U II t7 t I PREPARED 0'1' Requcst transfer of $1,100.00 from account code 00l-6212-0l-3322 to o01-6212-0l-3323. Request is occasioned by decision to complete no\( our microform backflle of I:APLES DAILY NEWS rather than spread this acquisition over the next nine years. D PA - ENT APPROVAL L. Pietr! DATE1/27/78 I COUNTY r-WIAGER APPROYAL '71i, /. 7>1 TE, <THIS SECTION TO DE COMPLETED 8'1' FINANCE) ACCOUNT TO: (Increase) Microfilm - Library Headquarters 001-6212-01-3323 ~ $ 1,100 FROM: (Source of Funds) Pubs Books - Library HeadquartersOOl-6212-01-3322 $ 1,100 t I ;~I7-~ A/ROVAL tJU/IKL1 Ut l-'UU;'<l I r \'-Ui,i"'" ~~ IUNtH~ ^t1-'HUVAL " tJUlJl.it:.1 NoltNUNt.I ~ OATE7-'J./7 8 DATE 2/7/78 I NO. 78-41 T 0 Fiscal Offlcor, aftor receIpt of tho ap?roved original from tho County ~~nagor, wI fln/lllze this requost for Elonrd review and approval. Following Eloord aetron, the frSCIl Of!f I Cor It''' I process l,p::>r.:>\'o~ Cludgot ^mend~ents through ^ccoun t I n9 and send a copy ro f In~1 status to the requostlng Department. Co to Purchasln9 on capItal equIpment. BUDGET AMENDMENT NO. 78-42 TO TRANRFER FUNDS FROM WATER HANAGEHENT CONTINGENCY ACCOUNT TO WATER MANAGEMENT USGS ACCOUNT - ADOPTED IN THE AMOUNT OF' $1,220 Commissioner Pistor moved, seconded by Commissioner Wenzel and carried unanimously, that Budget Amendment No. 78-42 to transfer funds from the Water Management Contingency Account to Water Manage- ment USGS Account be adopted in the amount of $1,220. * * * * 387 bk 40 * 388 bk 40 February 7, 1978 K'J llr CUUNIY CU:;.\IISSIUNt:I(S co L 1.I m COUNTY" n ,OH I D,i\ K L ~ U C ~ I r U K n lJ l) G F. T ^'!,' r: r~ 0 1.1 r: r~ T WATER 1~8rr,(J 0 f HeCj'U8!> t I n9 Uop.t.t:!~.NA9,~.~~L --.:.: DESC:\IPTlON Af\D JUSTlrICMIO:~ OF N.1END:.iE1H IlLQU!;STED (Prepnro In trlplicnto. Ono cony bo retained by 1he requo~,lIng Ocpnrlrn~n'~. Fonlard orlglnnl nod orlo copy to Flscnl Offlc( U50 co,,.t I nua'l'loll ~hoo t5 l1nd nttoch supportl ng d:Jcurr.~nts, If ncodod) To transfer funds from Contingency Account to U.S. Geo. Survey Account (or the \~ater t-!ana8ement Department. Based on actual cost from U.S.G.S. vs. estimated costs at the time of the budget. ?KEPARED OY DEPARTr,IENT APPROVAL : John Pace ' n...-A'L ~ u J. I E. Stephan OATEl-30-78 ~~ DATE 7>/73'" rCJ(;!J).TY !}ANAGER AI'PROY AI. DATE ?{hK' CTUI S SECTION TO DE CO:-lPLETED OY FINANCE> ACCOUNT A1-l0UNT TO: (Increase) U.S. Gco. Survey - Water M8mt. 031-6301-00-3050 $ 1,220 FROM: (Source of Funds) Contingcncy - Water Mgmf. 031-6301-00-70l0 $ 1,220 F I i~iII!Cr: MJpROVAL - , OOARrJ OF COU:HY CO:'~'lI 5S lo:~ms APj);~'!i\L II DUDGET N-iEND:,lEN' I}jL~,JL O,'\TEL~.'l. a ~..JJ.lj]8 .. t . J NO. 78-42 The FI:;c;d Officer, ulter' receIpt or 1/11) lllJpt'ovod original fro:n tho C<lunty r':;'ln<lgcr, wll {lrilJII%c 'Ihl!; r(!C]lIo~;-I' lor' DOiJrd re\'fO\i Dnd l'li'pro'IiJl. Follo',oflnal';Joru ClC'tlon, th.:J rh;c~J Ofllc'.'r \11,11 rrocc~;~ r.r::>r0\'c.:c! nlld9?t^,r.C~~~":1h; 1hrot,;gh ,..ccmmlin~ nn:l r,nnd <> c~py ro,l, {101')1 !;LlhJ~ 'In 111" ,."t""".tlnn nL';)dr1r~':l01'. r""" '~I\ f'ilrr./1,!,.Irl'1 nn (",.,1 tnl r.olllmn .lIt. BOARD AUTHORIZES TRAVEL FOR CLERK, FISCAL OFFICER AND FINANCE SUPER- VISOR TO ATTEND UNIFORM ACCOUNTING SYSTEM WORK SHOP IN TAMPA, FLORIDA ON FEBRUARY 22 AND 23, 1978 Commissioner Archer moved, seconded by Co~issioner Pistor and unanimously carried, that travel be authorized for the Clerk, the Fiscal Officer, and the Finance Supervisor to attend the Uniform Accounty Systcm Work Shop in Tampa, Florida on February 22 and 23, 1978. RESOLUTION R-78-20 IN SUPPORT OF THE SWFRPC POSITION OPPOSING PROPOSED LEGISLATION KNOI'lN AS THE "BUSINESS DEVELOPMENT ACT" - ADOPTED Administrative Aide to the Board Mary Morgan provided a brief explanation to the Board regarding the proposed legislation Known as the "Business Development Act.". She said that additional infor- February 7, 19i8 mation has been received from SACC noting that the Act has under- qone exte;.sive revision~ hO','ever, upon contacting Mr. Roland East- wood of the Southwest Florida Regional Planning Commission, she said the SWFRPC indicated that the "Business Development Act" should still he opposed. Following brief discussion, Commissioner Archer moved, seconded by Commissioner Pistor and carried unanimously, that Resolution R-78-2 in support of the SWFRPC position opposing the proposed legislation known as the "Business Development Act" be adopted, and that copies of same be forwarded to the Governor, members of the Cabinet, and to the Legislative Delegation. * * * * * * * * * * * * * * * * 389 bk 40 * 392 bk 40 February 7, 1978 DISCUSSION OF PETITION BY MARCO ISLAND RESIDENTS RE REZONING OF IDEAL FISH CI\MP PROPERTY - MCTION TO RBFER SI\ME TO TilE PLANNING COMMISSION - DENIED Administrative Aide to the Board Mary Morgan noted the receipt this date of a petition from residents of Marco Island requesting that the property known as tho Ideal Fish Camp be considered for re- zoning. Mrs. Morgan recalled that the matter was brought before the Doard twice previously and that each time the rezoning was denied. Following his statement that the reason for the petition is the fact that there is a building on the property which does not comply and is not compatible with the area, Commissioner Pistor moved, seconded by Commissioner Wenzel, that the petition be referred to the Planning Staff for review and recommendation. Commissioner Archer pointed out that if the property is rezoned the end result will be a legal matter since, according to the staff, there is no violation of the zoning. Commissioner Pistor noted that commercial use of the 139' x 80' picce of property zoned commercial has been discontinued many ti~es for longer p~riods than is required in order for "grsndfathering" of the commercial aspects of the property. He questioned whether or not the proposed building being contemplated can be built since the sanit~ry part of the project will have to be put on the resi- dentially-~oned area, adding that that area has s~acks on it which were supposed to have been removed but have not been. Co~~issioner Pistor said that theso buildings are being rented to excessive numbers of families which is in violation of the zoning rules. He added that the residents in the area are hoping to get the matter straightened out once and for all and have the courts decide if it is legal or not. Commissioner Archer offered the suggestion that the persons involved provide the necessary funds to sue the County or the owners February 7, 1978 of the property rather than have the County Commission bring the matter back and possibly force it into litigation at the expense of all the taxpayers~ Commissioner Wenzel commented that if there are violations on tho residential property the Zoning Department can be notified and the violations corrected; further, said the Commissioner, if the proposed building for the commercial property is in violation, the Zoning Director will so notify the Commission. It was his opinion that the latter has not been reviewed as yet. County Attorney Pickworth explained the various ways an amend- mont to the Zoning Ordinance can be proposed, noting that the peti- tion under discussion does not come under any of the provisions. He said that a propoRnl for an amendment to the Ordinance will have to come from either the Planning Commission or the Board. Commissiol.er Pistor amended his motion, and Commissioner Wenzel his seconding of the motion, to move that the petition be sent to the Planning Commission rather than the Planning Staff. The staff pointed out that whAn this matter was brought before the Board of County Commissioners on the two previous occasions it was the Board which has refused to change the commercial zoning classification on the property in question, the most recent occasion being less than six months ago. Upon call for the question, the motion failed 2/3 with Com- missioners Drown, Archer and Wimer voting in the negative. RESIGNATION OF ROBERT II. BR' rDO FROM THE COLLIER COUNTY CONTRACTORS' LICENSING BOARD - ACCEPTED; CHAIR}~N AUTHORIZED TO SIGN APPROPRIATE LETTER OF APPRECIATION Commissioner Pistor moved, seconded by Commissioner Wenzel and unanimously carried, that the resignation of Robert H. Braido from the Collier County Contractors' Licensing Board, effective March 1, 1978, be accepted, and that the Chairman be authorized to sign appro- priate letter of apprcci~tion to Mr. Braido. 393 bk 40 394 bk 40 February 7, 197B CHAIRMAN AUTHORIZED TO SIGN CERTIFICATES FOR CORRECTION ON TAX ROLLS Commissioner Wenzel moved, seconded by Commissioner Archer and carried unanimously, that the following Certificatos for Correction on the Tax Rolls be approved and that the Chairman be authorized to sign sarno: NOS. DATED 1977 Real Property l73 thru 238 December 1, 1977 241 thru 298 February 2, 1978 301 thru 302 1976 Real Property 240 December 29, 1977 299 January 26, 1978 1975 Real Property 239 December 29, 1977 300 January 26, 1978 1977 Personal Property 26-77 thru December 12, 1977 36-77 Fe.bruary 3, 1978 1976 Personal Property 86-76 January 9, 1978 1975 Personal Property 72-75 December 13, 1977 CHAIRMAN AUTHORIZED TO SIGN LETTER TO TilE EAST NAPLES UNITED METHO- DIST CHURCH DECLINING THEIR OFFER OF A RENTAL AGREEMENT WITH THEM FOR TilE USE OF CHURCIl PARKING FACILITIES Commissioner Nenzel moved, seconded by Commissioner Pistor and carried un~nimously, that the Board authorize the Chairman to sign a letter to the East Naples United Methodist Church declining their offer of a rental agreement with them for the u~e of the church parking facilities, as recommended by staff. CIVIL DEFENSE SECRETARY AUTHORIZF~ TRAVEL TO THOMASVILLE, GEORGIA TO ATTEND BASIC SEMINAR FEBRUARY :3, 1978 THROUGH FEBRUARY 18, 1978 Commi~sioner Wenzel moved, seconded by Commissioner Archer and carried unanimously, that Civil Defense Secretary IConnie Nadeau) be authorized travel to Thomasville, Georgia to attend a Basic Seminar February 13 through 18, 1978, as requested by Area Coordinator, J. E. Buchanan, and recommended for approval by W. C. Walker, Jr., Di- rector, Collier County Civil Defense. It was pointed out by the Administrative Aide to the Board that the entire cost for the expenses is 100\ Federally funded. February 7, 1978 CHAIRMAN AUTHORIZED TO SIGN LETTER TO CONGRESSIONAL DELEGATION, T4EGISLATIVE DF.T,EGATION, AND THE GOVERNOR AND CABINET, RE CONTINU- ANCE OF SUPJ''JRT FOR TiiE HOMEMAKERS SERVICE PROGRAM - FEDERAL GRANT FOR SAME DUE TO EXPIRE DURING CURRENT YEAR Administrative Aide to the Board Mary Morgan explained that in July, 1975 the Board was successful in obtaining a grant from the Federal Government under Title III of the Older Americans' Act to pr.ovide Homemakers Service. Under the terms of this Act, said Mrs. Morgan, the grant could be renewed up to three years, at which time the County would have to assume 100\ of the funding. The Board is being requested, continued Mrs. Morgan, to authorize the Chairman to sign a letter to the Congressional Delegation, the Legislative Delegation, and to the Governor and his cabinet, requesting them to intervene, on behalf of the County, with the Federal agencies to have them waive the three-year requirement 80 the County will be e1i- gible for an additional year of funding. Mrs. Morgan added that in the letter it would be noted that the Board would be willing to con- tribute up to 25\ of the funding of the Program if it is approved by the Federal Government, as the Board has previously budgeted. Comm:ssioner Pistor moved, seconded by Commissioner Archer and carried by unanimous vote, that the Chairman be authorized to sign the letter outlined above, and that copies be sent to the appropriate individuals. CHAIRMAN AUTHORIZED TO SIGN LETTER OF INTENT TO APPLY FOR LEAA FUNDS FOR THE SHERIFF'S DEPARTMENT Commissioner Wenzel moved. seconded by Commissioner Pistor and carried unanimously, that the Chairman be authorized to sign a Letter of Intent to apply for Fiscal Year 1979 L.E.A.A. Funds re Sheriff's Department. Deputy Chief Raymond Barnett advised that the application is for a new grant and that there are funds budgeted for the required match. 395 bk 40 February 7, 1978 ADMINISTRATIVE AIDE TO TilE BOARD DIRECTED TO WRITE LETTER OF APPRE- CIATION TO THE PINE RIDGE C1VIC ASSOCIATION FOR ITS SUPPORT OF TIlE RE-CREATi.ON or TilE WATER/SC',."ER DISTRICT Administrative Aide to the Board Mary Morgan noted the receipt of a letter dated January 19, 1978 from the Pine Ridge Civic Asso- ciation of Naples, Inc. endorsing Resolution R-78-2 re policy of the Doard concerning the Water/Sewer District, and pledging their support to the expedient re-creation of the District. Chairman Wimer directed Mrs. Morgan to prepare a letter for the Chairman's signature expressing the appreciation of the BOLrd for the action taken by the Association. CIIAIRMAN WIMER COMMENTS ON THE TRANSIT STUDY Chairman Wimer referred to correspondence dated February 1, 1978 from the Florida Department of Transportation regarding the Collier County Transit Study and expressed his disappointment that no date has as yet boen set for tho completion of the project. It was pointe, out by staff that it is being held up awaiting the Federal Govern- ment review and approval of the documents. COMMISSIONER PISTOn COMMENDS HOME~~KERS SERVICE PERSONNEL RE DEMON- STRATION AT THE EVERGLADES SEAFOOD FESTIVAL Commissioner Pistor commented on the excellent demonstration by the Homemakers Services personnel, Ms. Denise Coleman and Ms. Jan Bennett, at the recent Everglades Seafood Festival. lie said the demonstration was well-attended and that everyone appreciated their efforts and the fact ~nat the County is supporting their work. LAKE TRAFFORD MEMORIAL GARDENS CERTIFICATE DEED NO. 159 and 160 - RECORDED AND FILED FOR THE RECORD Pursuant to action of the Board January 10, 1978 wherein the Chairman was authorized to sign various deeds to Lake Trafford Memorial Gardens cemetery lots as the need arises, the following Deed Nos. 159 and 160 was recorded and filed for the record: 399 bk 40 February 7, 1978 9. Letter dated January 31, 1978 from Thomas A. Smith, Council Chairman, SWFRPC, transmitting copies of Summary Statement Land Use, and Housing Report; filed. 10. Copy of Varianca of Coastal Construction Setback Require- ments Permit for Power Corporation Iprincess Del Mar Condo- minium) DNR dated February 2, 1978 - xc to Director of Community Development; filed. 11. Letter dated February 2, 1978 from Maggie Miqocki, Grants Specialist, ISI, transmitting copy of Collier County's Intergovernmental Personnel Act Mobility Program Applica- tion for a Management Analyst II prepared with the assis- tance of ISI; filed. 12. Letter dated February 1, 1978 from William B. DeMilly, Commission Clerk, Florida PSC, acknowledging receipt of Board letter of support for Southwest Bus Tours, Inc.; filed. 13. Copy of letter dated February 2, 1978 to Program Super- visor, Aging/Adult and Specialized Family Services, HRS. from Martha L. Skinner and Peggy Hall, Homemakers Service of Collier County, transmitting Monthly Program Objective Analysis Report for January, 1978; filed. 14. Letter dated January 30, 1978 from Richard F. Barrett, Local Assistance Specialist, Department of Community Affairs re second warrant of $2,400, 15' of grant, is in process; filed. 15. Letter received February 3, 1978 from Cocohatchee Street residents requesting that said street be paved at the same time Shores Avenue is paved - xc to Assistant County En- gineer for study; filed. DISCUSSION RE PETITION TO RE-OPEN CONSIDERATION OF AN ORDINANCE REGULATING SMOKING IN PUBLIC PLACES PRESENTED BY VERNON MACKENZIE; COUNTY ATTORNEY TO DRAFT AMENDMENTS TO PRESENT ORDINANCE TO REMOVE OPTIONAL PART OF EXISTING ORDINANCE AND TO ELIMINATE SMOKING IN AREAS OF PUBLIC GATHERINGS MANDATED BY LAW~ CHAIRMAN WIHER TO CON- TACT INTERESTED PARTIES, BOTH PRO AND CON, TO CONSIDER ACCEPTABLE AGREEMENT AND/OR ORDINANCE RE PROHIBITION OF SMOKING IN PUBLIC PLACES Mr. Vernon MacKenzie, representing the Right to Breathe Organi- zation and the American Lung Association, read a petition requesting the County tummission to re-open consideration of an ordinance to regulate smoking in public places. Discussion followed concerning the existing ordinance regarding smoking in public places with Mr. MacKenzie pointing out that as far al the courthouse is concerned, and other public buildings, it is alright; however, he said that the "voluntary" provision which is 403 bk 40 404 bk 40 February 7, 1978 applicnhle to m~ny public places is inappropriate, unworkable and ineffective. In his opinion, said Mr. MacKenzie, smoking should be prohibited in public places where the public has a need and a right to go, including retail stores. Commissioner Wenzel voiced his agreement with Mr. MacKensie's viewpoint citing an example observed recently whereby persons were forced to wait in line at the Tax Collector's counter for some period of time and subjected to inhaling smoke from other persons waiting in line. It was his suggestion that an emergency ordinance be enacted to prohibit smoking in enclosed areas where persons must, of necessity, congregate. The matter of enforcing "No smoking" regulations in hospitals was brought up for discussion with Mr. MacKenzie explaining how this problem was handled in a neighboring community hospital, noting that smoking is prohibited in hospitals operated by the Public Health Service and by the Federal Government. Other topics covered in the discussion included smoking areas in restaurants, whether or not the ordinance should be effective in the incorporated areas of the County Qr not, why action has not been taken by the State legislative delegation and/or the Federal govern- ment. Various suggestions were made regarding the drafting of a fair and equitable ordinance which would be enforceable - either by a replacement ordinance or by amendments to the existing ordinance. Commissioner Wenzel offered to assist in developing additions to the present ordinance in order to eliminate SOme of the weaknesses con- tained therein. It was Chairman Wimer's suggestion that a group of representatives meet together who arc most interested in the matter, both pro and con, such as the restaurant association, the hotel-motel association, the hospital, government, and the like, to work out legislation appropriate to the need. There were no objections voiced and Chairman Wimer advised that he will "start the ball rolling" to formalize a committee for the purpose outlined. February 7, 1978 Commissioner Archer noted that the present ordinance could be amended imme~iately tv eliminate smoking in areas of public gather- ings which, it was noted, could include removal o~ the optional pro- visions in said ordinance. County Attorney Pickworth requested suf- ficient time to prepare such amendments, noting his desire to use caution in the draftsmanship. UTILITY EASEMENTS RE IMMOKALEE SEWER PROJECT - RECORDED AND FILED FOR TilE RECORD Pursuant to action taken by the Board on October 25, 1977, wherein the Board approved the acceptance and expenditure of funds for the recording of all Utility Easements related to the Immokalee Sewer Project, Utility Director Irving Berzon submitted the follow- ing Utility Easements, same having been recorded in the Official Records: 1. Pensacola Greyhound Racing, Inc. 2. Barbara Ann Pray 3. Dorothy H. Roy Bradley * * * * * * * * * * * * * 405 bk 40 * 410 bk. 40 Fobruary 7, 1978 There being no further business for the good of the County, the meeting was adjourned by order of the Chair 11:10 A.M. Timel BOARD OF COUNTY COMMISSIONERS/EX OFFICIO GOVERNING BOARD OF SPECIAL DISTRICTS UNDER ITS CONTROL ~. 0x2~ CIIAIRMAN ATTEST: WILLIAM J. REAGAN, CLErtK , .', '" \ " .\ . '::' "'\ " " ~,' ,,-:'-' ,f' i'll~\(I,\" -. r<I