Loading...
BCC Minutes 02/28/1978 R ---. Naples, Florida, February 28, 1978 LET IT BE REMEMBERED, that the Board of County Commissioners in a~d for th~ County of Collie~, and also acting as the Governing BoardCs) 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 Com- plex with the following members present: CHl\IRMAN: C. R. "Russ" Wimer VICE-Clll\IIU11\N: John A. Pistor Clifford Wenzel David C. Brown ABSENT: Thomas P. Archer ALSO PRESENT: William J. Reagan, Clerk1 Harold L. Hall, Chief Deputy Clerk/Fiscal Officer; Edna Brenneman, Carol Russell (11:00 A.M.), Deputy Clerks; Irving Berzon, Utility Director; Donald Pick- worth, County Attorney; Dr. Neno Spagna, Director of Community Development; Clifford Barksdale, Assistant County Engineer1 Martha Skinner, Director of Social Services; Gene Staudenmaier, Animal Control Officer; Mary Morgan, Administrative Aide to the Board; and Deputy Chief Raymond Barnett, Sheriff's Department. AGENDA I: 00 A. f-.r. I. INVOCATION II. PLEDGE OF ALLEGIANCE III. APPROVAL or AGENOA IV. APPROVAL OF NINUTES: Fcbrunry.7, 1978, and February 14, 1978 V. ADVERTISED PUBLIC HEARINGS A. PROPOSED ANIMAL CONTROL ORDINA~CE--DEFERRED FROM 2/l1~/78 AND \.70RKSHOP OF 2/27 /78 (PIC~';ORTIl). . , B. PETITION CCSL-7B-I-C BY GERALD T. KENT REQUESTING Pl A VARIANCE FRON THE COASTAL CO~STRUCTImt SETBACK LINE FOR LOTS 1 AND 2, BLOCK A. CONNER'S VANDERBILT BEACH ESTATES. NO. 1 LOCATED ON THE m.: CORNER OF GULF SHORE DRIVE AND VANDERBILT BEACH ROAD (PICKHOR: VI. OLD BUSINESS 582 bk 40 585 bk 40 February 28, 1978 AGENDA - APPP0VED WITH ADDITIONG/DELETIONS Commissioner pistor moved, seconded by Commissioner Wenzel and carried 4/0 with Commissioner Archer absent, that the agenda be approved with the following Additions/Deletions: ADDITIONS AND DELETIONS February 28, 1978 ADDITIONS VI. OLD DUSINESS A. Gun Permit: Homer t.lcKellar , Mr. McKellar has submitted evidence of immediate nced bccause of his employment as security guard at Marco Deach Hotel. B. Execution of Revised Maintenance Agreement for the assumption of Secondary Road Maintenance. C. Ambulance Permits - Authorization for Chairman to sign the related permits with the appropriate legal descriptions for all ambulance services within the county. XIII. ITE/'-IS FOR DISCUSSION & POSSIBLE ACTION (Continued from workshop of 2/27/78) A. Discussion of equipment needs resulting from projected relocation of certain departments. B. Presentation of Master Plan and Space Utilization Study for Courthouse (Berzon). C. Discussion of CHS! Requests: l. Consideration of contract renewal for Immokalee Health Center. 2. Consideration of transfer of equipment items from County inventory to CHSI. 3. Consideration of request for alterations to Immokalee Hcalth Center. DELETIONS VI. STAFF REPORT II. Request by River Oaks of Naples, represented by Vincent P. Wood, for final plat approval of Palm River Estates, Unit 7, (River Oaks) (Pickworth)~-to be continued one week. February 28, 1978 MINUTES OF FEBRUARY 7 AND l4, 1978 - APPROVED Commissioner Pistor moved, .:;econded by Commissioner Brown and carried 4/0 with Commissioner Archer absent, that the minutes of the meetingR of February 7 and February l4, 1978 be approved as presented. PROPOSED ANIMAL CONTROL ORDINANCE (DEFERRED FROM FEBRUARY 14, 1978) PUBLIC IlEARING CONTINUED UNTIL MARCH 7, 1978 TO PERMIT COUNTY ATTORNEY TO DRAFT REVISED ORDINANCE Legal notice having bcen published in the Naples Daily News on December l, 1977 as evidcnced by Affidavit of Publication pre- viously filed with the Clerk, public hearing was continued from February 14, 197B to consider a proposed ordinance re Licensing of Animals. Chairman Wimer advised that the proposed ordinance was dis- cussed during the previous day's Workshop Session at which time there were two proposals agreed upon by the Commissioners for changes to thc ordinancc, namely - further defining subdivision between rural and urban areas; and, fencing of livestock, the latter section to be takcn from the proposed ordinance, a separate ordinance written, and the matter placed under the Agriculture Department. Regarding the definition of rural and urban, Chairman Wimer said that it was generally considered that beyond 2~ acres would be considered rural, and there would be more latitude for permitting animals to roam at-large. County Attorney Pickworth stated that once the rural and urban definition is determined, it will be necessary to review the com- pleto ordinance and changes made where necessary. He said that this review will take some time and that the final draft will not be ready until the following week. In response to a query by Com- missioner Pistor concerning the leashing of cats, Mr. Pickworth 586 bk 40 507 bk 40 February 28, 1978 replied that this provisjon will remain the sam01 however, when the distinction is made between a rural subdivision and urban, the leashing requirements would not be applicable in the rural areas. Commissioner Orown noted that he was unable to attend the Workshop Session the previous day when tho ordinance was discussed 1 however, he said that he could not vote for leashing of cats since, if permitted to roam, they are instrumental in disposing of rats, mice, snakes, and the like, thereby providing a service. Chair- man Wimer commented that it was his understanding that the only roquiremont (or leashing of a cat io when they are being walked on a public thoroughfare. Animal control Officer Gene Studenmaier concurred with the Chairman, adding that, unless there are complaints from neighbors, they are froe to roam except when being walked on highways. Mrs. Robert Swain, local resident, voiced her concern about dogs, even though leashed, being permitted to defecate on another person's property. It was pointed out by Commissioner Pistor that tho proposed ordinance contains a provision prohibiting this. Ms. Alise Guess, rural area resident, spoke on behalf of hunters who might be compelled to leash their hunting dogs and asked for clarification of tho ordinance in this respect. Mr. Staudenmaier stated that the ordinance provides for hunting dogs to be under direct voice command and that they are not required to be on a leash. Mr. Ralph Yocum, local resident, voiced his approval of the adoption of the ordinance as being a "good start"; however, he ques- tioned the ability of the County officials to enforce it since the present ordinance is not being enforced to his satisfaction. Mr. Pickworth disagreed, stating that there are many investigations being made under the current ordinance. He said that there are February 28, 1978 hundreds of complaints received; however, it is impossible to brar.ket the ~ounty with an ani~al control officer on every block. Mr. Miko Zewalk, North Naples civic Association, spoko in support of the proposed ordinance, in particular the licensing provisions which will help to control stray animals from multi- plying, the revenue from such licensing providing funds for addi- tional inspectors. Chairman Wimer, having been informed that there were no addi- tional proponents or opponents registered to speak, directed the staff to make the necessary physical changes in the ordinance as discussed in the Workshop Session, same to be brought back for formal action on M~rch 7, 1978. Commissioner Wenzel moved, seconded by Commissioner Pistor and carried 4/0 with Commissioner Archer absent, that the public hearing be continued until March 7, 1978. PETITION CCSL-7B-l-C BY GERALD T. KENT REQUESTING A VARIANCE FROM TilE COASTAL CONSTRUCTION SETBACK LINE FOR LOTS 1 AND 2, BLOCK A, CONNER'S VANDERBILT BEACH ESTATES NO. 1 - PUBLIC DEARING CONTINUZD UNTIL MARCil 7, 1978 Legal notice having been published in The Naples Star on February lO, 197B as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition CCSL-7B-l-C by Gerald T. Kent requesting a v~riance from the Coastal Construction Setback Line for Lots land 2, Block A, Connp.r's Van- derbilt Beach Estates No. l, located at the northwest corner of Vanderbilt Beach Road and Gulf Shore Boulevard. Dr. Neno Spagna, Director of Community Development, explained that, because of the shape and size of the lot, it would be very impractical to develop the property in a reasonable manner unless some relief from the setback line is given. He referred to the map displayed to locate the property under discussion, stating that 58B bk 40 589 bk 40 Fobruary 28, 1978 his recommendation is for npprovnl of the variance, subject to the following: 1. The granting of the petition will permit the reason- able use of the subject property in accordance with the RT District regulations. 2. The granting of the petition will permit the loca- tion of the proposed structure in line with the coastal construction setback line established by existing structures and previously granted vari- nnceS for proposed structures which are in the ad- jacent surrounding area. 3. The granting of this variance from Ordinance No. 75-19 does not include any variance from Zoning Ordinance No. 76-30. 4. The granting of this variance shall not be valid unless the petitioner receives a variance from the State Cabinet from the State regulations governing the Coastal Construction Setback Line. Commissioner Pistor inquired if the petitioner has agreed to all of the requirements. Dr. Spagna replied that he received a copy of the requirements; however, there has been no response. He said that he has been notified of the hearing on the petition. Commissioner Pistor moved, seconded by Commissioner Wenzel and carried ~/O with Commissioner Archer absent, that the public hearing re Petition CCSL-78-l-C be continued for one week in order for the petitioner or his representative to be present. r-1r. Michael ~loore, Vanderbilt Beach Property Owners Association, declined to speak stating that he would return on March 7, 197B. REQUEST FOR GUN PERMIT RE HOMER McKELLAR - GRANTED; MORATORIUM ON ISSUANCE OF GUN PERMITS UNTIL ORDINANCE ESTABLISHING CRITERIA IS ADOPTED - APPROVED (WILL NOT APPLY TO REQUESTS PRESENTLY BEING PROCESSED) County Attorney pickworth noted that the Board took no action on the request for a Gun Permit by Homer McKellar presented at the previous week's meeting pending receipt of further information. To provide an overview of where the County stands on the matter, February 28, 1978 Mr. Pickworth said that, based on the representations made by Mr. M~Kellar, he has met all of lhe established criteria. De said that the way the law reads and has been interpreted by the Supreme Court, the criteria is nondiscretionary, and stated that the Board must issue the license. Continuing, Mr. Pickworth said that the Legislature has authorized County Commissions to establish their own criteria by ordinance which can include discretionary type of criteria; however, without such an ordinance on the books, in his opinion, tho Board cannot prevent Mr. McKellar from getting a per- mit, assuming that he meets the requirements already in the law. Commissioner Pistor advised that Mr. McKellar's present em- ployers have no objection to his having a gun permit but that they IN A............ might restrict his use of it to- the work he is doing for them. In '.f,IJ-, response to Mr. Pickworth's inquiry as to whether or not receiving the gun permit is a condition of his employment, Commissioner Pistor replied in the negative. Chairman Wimer commented that the reports that if the applicant does not receive the gun permit he will lose his job are simply not true according to his present employers, add- ing that if he wishes to go into private employment, that is a dif- ferent matter. Stating that since Mr. McKellar has met all the criteria based on the County's present rules and regulations, Commissioner Wenzel moved that Mr. Homer McKellar be granted a gun permit. The motion was seconded by Commissioner Brown and carried 4/0 with Commissioner Archer absent. Chairman Wimer stated that he assumes that the other permits pending will have to be acted upon under the existing criteria and inquired of Mr. Pickworth if the Board so desires, it can stop issu- ing further permits with Mr. Pickworth responding that, in his opinion, it can. It was suggested by the Chairman that a so-called 590 bk 40 59l bk 40 February 28, 197B morntorium bc called on tho further issuance of gun permits. Com- missioner Wcnzel stated that he would agree to such moratorium if the other applications now being processed are given tho same con- sideration as Mr. McKellar. Commissioner Brown inquired about the renewal of the gun per- mit presently held by the Postmaster in Immokalee, stating that he would like this to be included in the sU00estion made by Commissioner Wenzel. Commissioner Wenzel moved that the Board not issue any more new gun permits until such time as there is an ordinance on the books establishing the criteria under which permits will be issued1 the moratorium will not apply to applications presently being processed. Commissioncr Brown seconded the motion which carried 4/0 with Com- missioner Archer absent. * * * * * * * * * * * * * * .. ~. ...~.~.--' , 593 bk 40 Fobruary 28, 1978 CIIl\IRM.\N AUTHORIZED TO SIGN REVISED MAINTENANCE AGREEMENT WITH DOT RE SECONDl\R~ ROAD MAiNTENANCE Assistant County Engineer Clifford Barksdale said that after the reccipt of the original Maintenance Agreement with DOT, exe- cuted by the Board on January l7, 1978, the DOT requested that a revised agreement be prepared to reflect the addition of Paragraph 2 which clarifies the Agreement to the extent that it mentions the old Agreement dated August 26, 1971 whoreby the County entered into an agreemcnt with DOT to maintain the secondary road system for the County. Commissioncr Pistor moved, seconded by Commissioner Wenzel and carried 4/0 with Commissioner Archer absent, that the Chairman be authorizcd to execute the revised Maintenance Agreement with DOT re sccondary road maintcnance to reflect the changes in the original l\grccment as requested by DOT and as recommended by staff. * * * * * * * * * * * * * * ......-..--. ,.-~--, 601 bk 40 February 28, 1978 CIlAIRMAN AUTIlORIZED TO SIGN (EMS) MlDULANCE PERMITS FOR ALL AMBU- LANCE SERVICES WITHIN TilE COUNTY Utility Director Irving Bcrzon stated that, in accordance with the discussion during the Workshop Session the provious day, tho Board is being requested to authorize the Chairman to sign the applications for ambulance permits. He said that the applications include the actual legal description of the boundaries rather than by refercnce only. Commissioner Pistor moved, seconded by Commissioner Wenzel, that tho Chairman bo authorized to sign the ambulance permits for all ambulance services within the County. Following brief discussion during which Chief Deputy Clerk Harold Ilall pointed out that the areas referred to are tho sama areas being served for the past several years, the motion carried 4/0 with Commissioner Archer absent. . . . . . . . . . . . . . . February 28, 1975 SOCIAL SERVICES CASES NOS. W-26l9 AND W-3887 - APPROVED Referr~ng to Souial Serv~ces Cases Nos. W-26l9 and W-3887, Commissioner Pistor inquired if funds arc available for tho pay- ment of these cases. Mrs. Martha Skinner, Social Services Director, replied in the affirmative stating that such funds were included in the budget for this purpose since it was recognized that under the law the County would be responsible for such payments. She added, in response to Commissioner Brown, that she recommends pay- ment of the bills in question. Commissioner Pistor moved, seconded by Commissioner Brown and carried 4/0 with Commissioner Archer absent, that the Doard approve payment of Social Services Cases Nos. W-26l9 and W-3887. Mr. MiJ:e Zewnlk stated that he was asked by the North Naples Civic Association to inquire if there is a close scrutiny of the County welfare cases in light of tho fact that there appear to be many jobs available in the County. Mrs. Skinner noted that the appli- cants who come into her office, if they are unemployed, are referred to the CETA office. Commissioner Wenzel inquired if the citizenship of th~ appli- cants is verified with Mrs. Skinner replying that she checks citizen- ship for validity to the extent possible. Commissioner Wenzel empha- sized that proof of citizenship should be checked out. PETITION V-78-5-C BY WALDRON SUNDSTROM REQUESTING A VARIANCE FROM ORDINANCE 76-30 TO PEmtIT PARKING WITHIN 25' OF THE FRONT YARD SET- BACK REQUIREMENTS FOR LOTS 32-39, BLOCK 5, MARCO HIGHLANDS - AD- VERTISING AUTHORIZED FOR PUBLIC HEARING MARCH 2B, 1978 Commissioner Wenzel moved, seconded by Commissioner Pistor and carried 4/0 with Commissioner Archer absent, that Petition V-78-5-C by Waldron Sundstrom requesting a variance from Section 35-4A, Ordinance 76-30 The Coastal Area Zoning Ordinance, to per- mit parking within 25' of the front yard setback for lots 32-39, 610 bk 40 611 bk 40 February 28, 1978 Dlock 5, Marco Highlands, located on Front Street and First Ave- nue, Marco Island, Florida, be advertised for public hearing March 28, 1978. PETITION V-78-6-C DY WAI,DRON SUNDSTROM REQUESTING A VARIANCE FROM SECTION. 18-4B, ORDINANCE 76-30, TO PERMIT BACKING OUT ON BOTH FRONT STREET AND FIRST AVENUE, MARCO ISLAND - ADVERTISING AUTHORIZED FOR PUBLIC HEARING MARCil 20, 197B. Commissioner Wenzel moved, seconded by Commissioner Pistor and carried 4/0 with Commissioner Archer absent, that petition V-7B-6-C by l~aldron Sundstrom, requesting a variance from Section l8-4D, Ordinance 76-30, The Coastal Area Zoning Ordinance, to per- mit backing out on both Front Street and First Avenue, Marco Island, Florida, be advertised for public hearing March 28, 1978. PETITION R-77-4-I DY ROBERT SHELLABARGER REQUESTING A CHANGE IN ZONING FROM "I-A-2" TO "I-MilSON FOR 30 ACRES OF S32, T46S, R29E, ON TIlE NORTH SIDE OF IMMOKALEE DRIVE - ADVERTISING AUTHORIZED FOR PUBLIC IIEARING APRIL 4, 1978 Commissioner Wenzel moved, seconded by Commissioner Pistor and carried 4/0 with Commissioner Archer absent, that Petition R-77-4-1 by Robert Shellabarger requesting a change in zoning from "I-A-2" to "I-MIISO" for 30 acres of Section 32, Township 46 South, Range 29 East, located approximately 3/4 mile from SR-29 on the north side of Immokalee Drive, Immokalee, Florida, be advertised for 'public hearing April 4, 1978. REQUEST FOR PUBLIC HEARING TO CREATE DISTRICT FOR IMPROVEMENTS TO PRICE STREET, BY ASSESSMENT METHOD - ADVERTISING AUTHORIZED FOR PUBLIC HEARING APRIL 4, 1978 Commissioner Wenzel moved, seconded by Commissioner Pistor and carried 4/0 with Commissioner Archer absent, that the request for public hearing to create a district for improvements to Price Street, by the assessment method, be advertised for public hearing April 4, 1978. , ___..i February 28, 1978 ^NNUAI" r;:ONTRACT WITH XEROX CORPORATION FOR COPIER SERVICE AT THE COLLIER COUNTY FREE 1?UBLIC LIBRARY - APPROVED FOR CHAIRMAN'S SIG- N^TURE Librarian Richard Joder, referring to the information provided the Commissioners, explained that due to tho deterioration of tho service from the present firm regarding copier service for the Collier County Free Public Library, the unacceptable methods of charging and billing, plus tho incroase in price of 25\, it is his recommendation that an annual contract with Xerox Corporation for the use of a Model 4000 copier at the Hoadquarters Library be ap- proved by the Board. In responso to Commissioner Pistor's comment that by changing to the now proposed operation it would possibly be less costly, Mr. Joder replied that it would be a "good bit" less costly in terms of staff time. Commissioner Pistor moved, seconded by Commissioner Wenzel and carried 4/0 with Commissioner Archer absent, that an Annual Contract with Xerox Corporation for copier service at the Collier County Free Public Library be approved and that the Chairman be authoriz~d to execute same. * * * * * * * * * * * * * 612 bk 40 . .J .. .,. J February 28, 1978 RESOLUTION R-7B-29 RE PETITION SNR-78-3-C CONFIRMING THE STREET NAME OF "BAILEY LANE" FOR STREET LOCATED IN SECTION 23, T49S, R25~ - ADOPTED Commissioner Wenzel moved, seconded by Commissioner Brown and carried 4/0 with Commissioner Archer absent, that Resolution R-78-29 re Petition SNR-78-3-C by Mrs. Bailey requesting street to be named Bailey Lane for unnamed streat in Section 23, Township 49 South, Range 25 East, located just north of Poinciana Village, running west off Airport Road, N., be adopted. 11 11 11 11 11 11 11 11 11 11 * 11 * 11 11 11 614 bk 40 * February 28, 1978 RESOLUTION R-7B-30 RE PETITION SNR-78-4-C BY PETITIONER PLANNING DEPARTMENT REQUESTING CONFIRMATION OF "SANDY LANE" FOR UNNAMED STREET IN S9, T50S, R26E - ADO~TED Commissioner Wenzel moved, seconded by Commissioner Pistor and carried 4/0 with Commissioner Archer absent, that Resolution R-7B-30 re Petition SNR-70-4-C by petitioner Planning Department requesting confirmation of Sandy Lane for unnamed street in Section 9, Township 50 South, Range 26 East, approximately one mile east of County Barn Road, be adopted. * . * * * * * * * * * * * * * * * 616 bk 40 * February 28, 1978 RESOLUTION R-78-31 PROVIDING FOR ASSESSMENT OF LIENS FOR THE COST OF ABATEMENT OF PUBLIC NUISANCES FOR VARIOUS LOCATIONS IN NAPLES PARK - ADOPTC.J County Attorney Pickworth stated that Resolution R-78-3l pro- vides for the assessment of liens for the cost of abatement of public nuisances in furtherance of enforcement of the Weed Ordi- nance No. 76-l4 for various properties in the Naples Park area. Mr. Pickworth said that the charges are kept as low as possible, pointing out that this onforcement is basically the responsibility of the property owner and could be done cheaper by the individuals concerned. lie noted that there are hidden costs involved which aro not included in tho charge since they are part of the cost of the whole enforcement program. Commissioner Pistor moved, seconded by Commissioner Wenzel and carried 4/0 with Commissioner Archer absent, that Resolution R-78-3l providing for assessment of liens for the cost of abatement of public nuisances for various locations in Napl~s Park be adopted. Mr. Walter S. Wilde, VanderbjltReach Property Owners Association, spoKe in support of the enforcement of the Weed Ordinance and sug- gested that property owners be encouraged to comply on their own. He said sufficient publicity concerning the matter might provide the proper inducement. . . * * . * . . . * * 6lB bk 40 * February 28, 1978 RESOLUTION R-7B-32 PROVIDING FOR ASSESSMENT OF LIENS FOR TilE COST OF ABATEMENT OF PUBLIC NUISANCES FOR VARIOUS LOCATIONS IN NAPLES PARK - ADOPTE~ Commissioner Pistor moved, seconded by Commissioner Wenzel and carried 4/0 with Commissioner Archer absent, that Resolution H-7B-32 providing for assessment of liens for the cost of abatement of public nuisances for various locations in Naples Park be adopted. . . . . . . . . . . . * . . . . . . 620 bk 40 . February 28, 1978 BOARD APPROVES JOB DESCRIPTIONS RE FOUR CETA POSITIONS, AND JOB nF.CLASSIFIC~TIONS FO~ THREE STAFF MEMBERS County Attorney Pickworth provided the Board with a briof explanation regarding joh descriptions re four CETA positions which he said are being suggested in order to conform to tho actual jobs being donc by the people in these positions, said positions having beon approvcd by the Board previollsly. He noted that the three job reclassifications are being recommended by the Personnel Director duc to the increase in responsibilities involvcd. Mr. Pickworth listed tho fOllowing positions involved: 1. CETA Fiscal Spccialist 2. CETA Program Coordinator 3. CETA Clerk Specialist 4. CETA Program/Project Monitor 5. Zoning Investigative Technician 6. Senior Zoning Investigator 7. Equipment Operator II Commissioner Pistor moved, seconded by Commissioner Brown and carried 4/0 with Commissioner Archer absent, that the Board approve the job descriptions for four CETA positions, and the job reclassifications for three staff members, as recommended. DOARD APPROVES FINAL PLAT OF PALM RIVER ESTATES, UNIT 7 (RIVER OAKS) SUDJECT TO REQUIREMENTS OF SUDDIVISION ORDINANCE; CHAIIU1AN AUTHO- RIZED TO EXECUTE SAME PENDING RECEIPT OF ADDITIONAL DOCUMENTS County Attorney Pickworth advised the Board that the final plat of Palm River Estates, Unit 7 (River Oaks) has been completed/ how- ever, there are two items which require additional paperwork, one being the fact that there is a title change in process on the pro- perty for which the paperwork has not been completed, and the other being the letter of credit to insure the completion of the required improvements which has not been presented. Mr. Pickworth stated that the Doard could approve the Final Plat but the Chairman would not be authorized to sign until the necessary documents have been presented. 622 bk 40 623 bk 40 February 28, 197B Mr. Vincent P. Wood, reprcsenting the petitioners, requested the Board to consider Mr. Pickworth's suggestion in the intercsts of avoiding further delays. Assistant County Engineer Clifford Barksdale offered no objection to the proposal. Commissioner pistor moved, seconded by Commissioner Wenzel and carried 4/0 with Commissioncr Archer absent, that the Board approve the Final Plat of Palm River Estates, Unit 7 (River Oaks) subject to the aforementioned requirements of the Subdivision Ordinance as recommcnded by Mr. Pickworth, and that the Chairman be authorized to execute same pending receipt of the additional c..19 documents, as outlined. 28_30),.r~ (RECORDED IN OR BK l2 PGS ~~ * * * * * * * * " " " " " " RECESS: 10:00 A.M. until 10:10 A.M. * * * * * * " " " " " " " " BOARD AUTHORIZES FORESTRY SUPERVISOR TO ATTEND BASIC RADIOLOGICAL DEFENSE OFFICERS COURSE IN WEST PALM BEACH, FLORIDA MARCH 27-3l, 1978, AND FOR TilE USE OF A MOTOR POOL CAR FOR TRAVEL Utility Director Irving Berzon explained that the request for approval for Forestry Supervisor Jim Bailey to attend the Basic Radiological Defense Officers Course in West Palm Beach, Florida March 27-31, 1978 is the type of request which would normally not be ,.presented to the Board; however, he said that the request involves the possible use of a County vehicle and for that reason is being brought to the Board's attention. He said that the Civil Defense budget provides for up to 50% of the cost of the training, the balance of the cost to be provided by the Forestry Service or, possibly, from Mr. Bailey, himself, noting that Mr. Bailey offered to attend the training sessions. Mr. Berzon said there would be essentially no cost to the County other than the use of a vehicle in the event Mr. Bailey cannot arrange personal transportation. Following brief discussion concerning the need for this type of training, Commissioner Wenzel moved, seconded by Commissioner Pistor and carried 4/0 with Commissioner Archer absent, that February 28, 1978 Forcstry Supervisor Jim Bailey be authorized to attend tho course ouLlined by Mr. Derzon, as re~ommendod by the Civil Dofenso Depart- ment, and that the use of a County vehicle be approved, if necessary. DOARD AUTHORIZES CIVIL DEFENSE DEPARTMENT TO SELL SURPLUS MILITARY RADIO TO SPACE ELECTRONICS IN THE AMOUNT OF $400 Following brief explanation by Utility Director Irving Berzon regarding the Civil Defense equipment which has been declared to be surplus, Commissioner Wenzel moved, seconded by Commissioner Pistor, that the Civil Defense Department be authorized to sell a Collins LF Receiver, Model Sl-Y-4A, military radio, to Space Electronics Company, Hackensack, New Jersey, for $400, in "as is" condition, with no warrantics expressed or implied. Chairman Wimer inquired if letters soliciting bids for the equipment wcre sent out with Mr. Berzon stating that, to his know- ledge, they were, having becn so informed by the Civil Defense Director. Upon call for thc qucstion the motion carried 4/0 with Com- missioner Archer absent. CIIAIRMJ\N AUTHORIZED TO EXECUTE AGREEMENT WITH THE CITY OF NAPLES RE INSTALLATION OF TWO FIRE HYDRAN'rS IN GUILFORD ACRES, AND THE PAYMENT OF $l,BOO TO THE CITY RE SM1E Utility Director Irving Berzon explained that, pursuant to the creation of the Guilford Acres Fire Hydrant District by the Board on January lO, 1978, the City of Naples requires that an agreement ~e executed by the County whereby the County assumes ownership and re=ponsibility for the two fire hydrants following the installat~on of same by the City. Commissioner Wenzel moved, seconded by Commissioner Pistor and carried 4/0 with Commissioner Archer absent, that the Chairman be authorized to execute Agreement with the City of Naples re the installation of two fire hydrants in Guilford Acres, and that pay- 624 bk 40 625 bk 40 February 28, 1978 ment in the amount of $l,800 to the City be approved for the in- stallation of tho fire hydrnnts. * * * * * * * * * * * * * * * * * * * * February 28, 1978 20' DRAINAGE EASEMENT ACROSS LOT l4, BLOCK I, PINE RIDGE, RE MR. ^ND MRS. CHARLES SALMON ACCEPTED AND APPROVED FOR RECORDATION Commissioner Wenzel moved, seconded by Commissioner Pistor and carried 4/0 with Commissioner Archer absent, that the Board accept the 20' Drainage Easement Across Lot l4, Block I, Pine Ridge, offered by Mr. & Mrs. Charles Salmon, as recommended by stoff, and that same be approvod for recordation. * * * * * * * * * * * * * * * * * 628 bk 40 * February 28, 1978 PRELIMINARY MASTER PLAN PREPARED BY WILSON-MILLER-BARTON-SOLL & PEEK, INC. FOR SEWERS RE MARCO IRLAND SEWER SYSTEM - APPROVED; CONSULTANT "UTIIORIZED TO PROC:::ED WITH FINAL PLANS FOR LIFT STATION AREAS A, n, Z AND PART OF P Utility Director Berzon advised that, as authorized by the Board, the consulting firm of Wilson-Miller-Barton-Soll & peek, Inc. have prepared the preliminary plans for the initial phase of con- struction for the Marco Island Sewer System - namely, areas A, n, Z ond part of P. He referred to maps displayed to locate the areas in question in further detail. He said that the estimated total cost for construction of the designated Lift Station Areas is $l,635,lOO, and that the estimated assessment per front foot of property is $22.l9. The monthly users charges have not been developed at the prcscnt time, said Mr. Derzon, since the cost for treatment of the sewage by Deltona Corporation has not been established; however, it is being prepared. The question of possible grants for the project was brought up by Commissioner Pistor. Mr. Berzon said that he would not want to encourage the possibility at this time but that applications will be made for such assistance. Commissioner Wenzel moved, seconded by Commissioner Pistor and carried 4/0 with Commissioner Archer absent, that the Board accept the preliminary plans prepared by the Consultants for con- struction of the initial phase for the Marco Island Sewer System. Mr. Berzon commented on the fact that until a financing pro- gram is authorized for the project the consultants should be aware that the County may be a little slow in proceeding with the phase of the project under discussion and that financing could be an obstacle. Mr. William Barton, representing the consulting firm, stated that he is aware of the problems, noting that the final plans may take lBO days or more. He said that something can be worked out regarding funding. Mr. Barton also advised the Board that in 630 bk 40 631 bk 40 February 28, 1978 an effort to expedite the project some of the work toward the final pl~ns has be~n done such as pt~filo sheets for phase one construc- tion area. lie said they recognize the fact that there had been no authorization to proceed and that they did so totally at their risk. Fiscal Officer Harold Hall advised that good fiscal policy dictates that only those funds be expended to bring a project to the point of bond validation, noting that once bonds arc validated, bond anticipation notes can be issued and construction can proceed. lie said that funds spent to the point of bond validation are the type of funds that, under the statutes, are considered to be an expense for the general good of the County and can be paid, if necessary, from General Funds. lie said that expenditures beyond that point are questionable. County Attornoy Pickworth advised that the project is not at the point of bond validation as yet and, the way tho law is set up, some "seed" money has to be spent before it reaches that point. lie said that the final plans and specifications, and the tentative apportionment of estimated cost, when prepared, will bo the f;nal step. At that point, said Mr. Pickworth, the County will be in a position to go ahead and make the final determination on authorizing the project at which point it will be proper to pass a bond resolu- tion. Commissioner Pistor moved that the consultant be authorized to proceed in the most expeditious manner to prepare the final plans for Lift Station Areas A, B, Z and part of P re Marco Island Sewer System. The motion was seconded by Commissioner Wenzel And carried 4/0 with Commissioner Archer absent. NOTE: Complete Plan on file in office of Clerk to the Board. ROUNTINE BILLS - AUTHORIZED FOR PAYMENT Following Fiscal Officer Harold Hall's statement that the bills being presented for payment have been processed following established February 28, 197" procedures and that funds are availablo, Commissioner Wenzel moved, seconded by Commissioner Pist~r and carried 4/0 with Commissioner Archer absent, that the bills be approved for payment as witnessed by the following warrants issued from February 22, 1978 through February 20, 1978: FUND WARRANT NOS. County Warrants - Goneral BCC Payroll 3119 - 3335 39774 - 40068 BUDGET AMENDMENTS - NONE CllflIRMAN AUTHOrUZED TO SIGN LICENSE AGREEMENT FOR "DATA BOSS" DATA BASE MANAGEMENT SYSTEM SOFT WARE Commissioner Pistor moved, seconded by Commissioner Wenzel and carried 4/0 with Commissioner Archer absent, that the Chairman be authorized to sign the License Agreement for "Data Boss" Data Base Management System soft ware, as recommended by the Fiscal Officer and the Data Processing Director. * * * * * * * * * * . . 632 bk 4 0 * Fobruary 28, 1~78 BOARD APPROVES APPOINTMENT OF CITY COUNCILNJ\N WADE SCHROEDER TO SWFRPC AS CITY OF NAPLE$' REPRESENTATIVE TO REPLACE FORMER COUNCILI4AN JOliN HC GREGOR; CLARIFICATION OF APPOINTMENT OF ALTERNATE MEMBER TO BE SOLICITED Commissioner Wenzel moved, seconded by Commissioner Pistor, that the Board confirm the appointment of Councilman Wade Schroeder as the City's representative on the Southwest Florida Regional Planning Council, as recommended by Mayor R. B. Anderson, City of Naples, in his letter to the Board dated February l6, 1978, said appointment to fill the vacancy of former Councilman John McGregor. Chairman Wimer directed that a letter be forwarded to the City seeking clarification of the position of Alternate Mamber on the aforementionod Council, as mentioned in the above-referenced letter. VOTING PRECINCT NUMBER RE DEPUTY SHERIFF JACKSON C. WHIDDEN, JR. _ RECEIVED AND FILED FOR THE RECORD In compliance with Florida Statute 30.08, Sheriff J\ubrey Rogers submitted the following voting precinct number for the record: Deputy Sheriff Jackson C. Whidden, Jr. I.D. '2l5 - Precinct 26 STAFF DIRECTED TO NOTIFY DOT OF BOARD'S APPROVAL OF THE DATE OF MARCH 22, 1978 TO MEET WITH DOT REPRESENTATIVES TO DISCUSS PRIMARY ROAD PROJECTS WITIIIN TilE COUNTY Commissioner Wenzel moved, seconded by Commissioner Pistor and carried 4/0 with Commissioner Archer absent, that the staff be directed mnotify the Florida Department of Transportation that the date of March 22, 1978 is acceptable to meet with DOT repre- sentatives to discuss the primary road projects within the County. It was noted that the meeting will be held at the Courthouse Com- plex, Building "F", at 2:00 P.M. FIFTEEN DAYS GAIN TIME FOR INMATE NO. A-25l63 - APPROVED, DATE OF RELEASE ESTABLISHED AS l-I1\RCH 3, 1978 Commissioner Pistor moved, seconded by Commissioner Wenzel und carried 4/0 with Commissioner Archer absent, that the Board 638 bk 40 639 bk 40 February 28, 1978 approve 15 days extra gain time for Inmato No. A-25l63, as recom- ,nende~ by Sheriff Aubrey Rogers, and that date of release established to be March 3, 1978. CIIl\IRMAN AUTHORIZED TO SIGN LETTER TO LEGISLATIVE DELEGATION RE I30l\RD OPPOSITION TO TilE PASSAGE OF SENATE BILL 261 RE TRANSFER OF LAND USE REGULATORY FUNCTION Following brief explanation by County Attorney Pickworth of proposed Senate Bill 261 which would, in effect, transfer the land use regulatory function from the local government to tho court system or to the private property owner, Commissioner Pistor moved, seconded by Commissioner Wenzel and carried 4/0 with Commissioner Archer absent, that the Chairman be authorized to sign a letter to the Legislative Dele;ation indicating strong opposition by the I30ard to the passage of such legislation. CHAIRMAN AUTHORIZED TO SIGN LETTER TO LEGISLATIVE DELEGATION RE nOl\RD SUPPORT OF HR 8315 REGARDING lo1ATER AND WASTE DISPOSAL GRANTS Administrative Aide to the Board Mary Morgan noted the receipt of a letter dated February l6, 1978 from County Administrator Robert MCNiChols, Pulaski County Board of Supervisors, Pulaski, Virginia, requesting Board support of H.R. Bill 8315 Amendment which would raise the ceiling on water and waste disposal grants from the current 50% level up to a flat 75% of the project cost. Mrs. Morgan stated that the letter also requests support in asking the House Appropria- tions Subcommittee on Agriculture to provide a supplemental appro- priation of $50,000,000 for water and waste disposal grants for Farmers Home Administration. Following brief discussion, Commissioner Pistor moved, seconded by Commissioner Nenzel and carried 4/0 with Commissioner Archer absent, that the Chairman be authorized to sign a letter to the Legislative Delegation stating the Board's support of the above-mentioned proposed legislation, and additional appropriation. February 28, 1978 CIIAlIU11\N AUTIIORIZED TO SIGN LETTER TO THE KEYES CO., SALES AGENT FOR TilE GOLDEN GATE INN AND COUNTRY CLUB, RE NON-INTEREST BY THE D0ARD RF. P~RCIIASE or- GOLDEN f':ATE GOLF COURSE Commissioner Brown moved, seconded by Commissioner Wenzel and carried 4/0 with Commissioner Archer absent, that the Chair- man be authorized to sign a letter to The Keyes Co., sales agent for the Golden Gate Inn and Country Club, stating that the Board is not interested in the purchase of the Golden Gate Golf Course, as proposcd in their letter to the Board dated February 22, 197B. CIlAIIU11\N AUTIIORIZED TO SIGN LETTER TO DOT REGARDING COMMENTS CON- CERNING TilE JOINT PARTICIPATION AGREEMENT Administrative Aide to the Board Mary Morgan recalled that some time ago the Board requested the Department of Transportation to conduct a transportation survey of the area and noted that the material received in response was referred to the staff for review. She stated that the staff is requesting that the Chairman be autho- rized to send a letter to the DOT suggesting changes to the agree- ment which was presented, one change being in the provision that the County provide a certain match in cash whereas the Board had re- quested that thc match be in in-kind services. The other change, said Mrs. Morgan, is a relatively minor change of the same nature. Commissioncr Wenzel movcd, seconded by Commissioner Pistor and carricd 4/0 with Commissioner Archer absent, that the Chairman be authorized to sign a letter to the DOT requesting the changes suggested in the Joint Participation Agreement. NOTICE OF ENERGY CONSERVATION SEMINAR SPONSORED BY STATE ENERGY OFFICE AT TilE COURTIJOUSE COMPLEX HARCII l5, 1978 As an item of general interest and information, Administrative Aide to the Board Mary Morgan noted the receipt of an invitation to attcnd a Community Energy Conservation Seminar, sponsored by two local groups, to be held in Building "F" of the Collier County Courthouse Complex on March 15, 1978 from 1:00 P.M. to 5:00 P.M. 64 0 bl, 4 0 643 bK 40 February 28, 1978 DISCUSSION OF EQUIPMENT NEEDS RESULTING FROM PROJECTED RELOCATION OF CERTi\IN DEPARTHENTS - ;:-,ECOMMENDATIONS OF MANAGEMENT TEAM ACCEPTEr ~~LTF.Rl\TIONS Mrs. Mary Morgan, Administrative Aide to the Board, presented several proposals for additional equipment needed as a result of moves to the Satellito Building and to the Fifth Floor of tho Tower Building. Relocation of Xerox Copying Machines was discussed by Mrs. Morgan. The following items were noted: A. Hove X-7000 from Building C to Fifth Floor of Tower Building. (This would provide Planning Department and Data Processing with needed reduction capacity.) B. ~fove X-4500 from First Floor, Tower Building to Engineeri Dcpartment reception room in Building C. (Reception room is adequate in size, machine is not noisy and would be readily available'for all normal copying needs of occupants of Buildings C & D. Should consider equipping this machine with auditron control because of laree perccntage of use by departments not under BCC budget.) C. Move X-660 from Building Department to Personnel Dcpartme (This is a low-production machine, but should satisfy most of Personnel's requirements, which are largely for single copies. This machine will also be available to other departments on First Floor.) D. Obtain X-3l00 for use of occupants in Satellite Building. (This docs not have compilation feature, but does permit high-speed reproduction and should satisfy a very high percentage of users' requirements.) E. The X-4500 on Third Floor, Tower Building, will remain where it is. This handles the largest hulk of copying rcqu1.rcments of departments under the BCC. This could be equipped with auditron for accounting purposes if an accurate count would justify the expense--for accounting purposes.) F. Auditron attachments for machines rent for $7.50/mo. each, or may be purchased outright for $291.00 each. Auditron meter keys are $19.40 each. To justify the expense, a savings of at leas't 750 copies per month should result from the use of the auditron on each machine to which it will be attached. There is really no certain way to determine the savings-- it is n matter of judgment. .,-- 1"'''".. , February 2B, 1978 G. T~e 1~x Co',lccLor has requcsted that a machine be readily available for his USe. This can be done by placing an X-660 (low-production machine) in Building D, which will handle most of his requirements, and the X-4500 in Building C will be available for his occasional high-production needs. The continuing costs for the two machines needed for the above proposal will be: $155.00 per month for the X-3l00 to be placed in Satellite Building. $65.00 per month for the X-660 to be placed in Building D. There will also be installation costs totalling $75.00 for the above two machines, and additional moving costs for the three machines to be relo~ated. Mrs. Morgan also explained that Social Services will be moving to the Satellite Building and chairs for the clients in the waiting room and a worktable for Homemakers' staff (5) for training sessions and reports will be needed. The minimum amount needed by Social Services in order to operate until the new budget year i~ $430 re- ported Mrs. Morgan. Nrs. Morgan requested that the conference table and chairs now located in the Commissioners' office be transferred to the conferencl room on the Fifth Floor. Approval was given by the CommissionerB fOl transfer of said conference tabla and chairs. The total needs for the Planning Department and the blueprint printing room will be $3,994, said Mrs. Morgan. Commissioner Pistor moved, seconded by Commissioner Brown and carried 4/0 in the absence of Commissioner Archer, to approve staff recommendations as altered for the expenditure of funds with the necessary budgttamendments. l) Xerox copying equipment relocation and additions be autho- rized as requested. 2) Social Services' request for additional equipment be autho- rized as requested. ' 3) Mr. Pickworth's recommendation accepted to not consider any requests for additional equipment for the Building Department at this time. 644 bk 40 645 bk 40 February 28, 1978 4) Staff recommendation to authorize $3,994 for equipmont for Planning Department - Approved. 5) Authorization given for staff to find our cost involved in purchasing Auditrons to bo used with copying equip- ment:.. PRESENTATION OF MASTER PLAN AND SPACE UTILIZATION STUDY FOR COURT- HOUSE - TO BE DISCUSSED FURTHER AT A WORKSHOP SESSION In introduction, Utility Director Borzon asked that the sub- ject report to be given by Wafaa Assaad of Planning L& accepted by the Board, however, no official action bo taken until it has been discussed in Workshop Session. Mr. Assaad explained the allocation of office space which was determined by the study requested by the Board in October of 1977. A display diaqram was used to point out the location of the various offices. Commissioner Wenzel suggested that excess space in the corridors could be utilized for storage. NOTE: See action taken next item. CHANGES NOTED BY CLERK REAGAN FOR SECOND FLOOR - APPROVED Clerk William Reagan explained that a consultant from West Palm Beach was analyzing the first and second floors to determine how apace could be saved by using inexpensive partitions and adding or removing walls. After a short discussion, Commissioner Wenzel moved, seconded by Commissioner Pistor and carriod 4/0 in the absence of Commissioner Archer, to approve and confirm the allocation of space as per the dis- cussion and report given by Mr. Assaad in the previous item and to approve the changes noted by Clerk Reagan. . . February 28, 1978 AGREEMENT WITH CHSI RE IMMOI<ALEE HEALTH CARE CENTER - APPROVED _ CHAIRMAN AUTHORIZED TO SIGN DOCUHENT, EQUIPMENT ASSIGNMENT TO CIlSI APPROVr.;D Commissioner Wenzel moved, seconded by Commissioner Pis tor and carricd 4/0 in the absence of Commissioner Archer, to renew the contract for the Immokalee Health Center. Following Fiscal Officer Harold Ilall's statement that Florida Statutes 274.ll provides that all properties purChases by the County with State or Federal funds is the property of the Board of County Commissioners with the Board treating it as any other pro- perty, it was moved by Commissioner Pistor, seconded by Commissioner Drown and carried 4/0 in the absence of Commissioner Archer, that certain equipmcnt items from the County Inventory be assigned to CIlSI. County Attorney Pickworth reported that the staff recommendation regarding the alterations to Immokalee Health Center Was that the plans must be approved by the Board; however, the work will not be done by the County Haintenance Department. Limited supervision will be exercised over the iob by the County, stated Attorney Pickworth, to the extent of ~eeinq that nothinq is done in any way to harm the ixistinq or future uses of the buildinq and to nee that it is com- mensurate with the County's needs and qoals. Motion was made by Commissioner Pistor, seconded by Commissioner Wenzel and carried 4/0 in the absence of Commissioner Archer, to accept staff recommendation that the County will not be doinq the altera- tions to the Immokalee Health Center. * * * * * * * 646 bk 40 * 651 bk 40 February 28, 1978 DISCUSSION OF RELOCAT~ON OF CBTA ADMINISTRATION - CONTINUED UNTIL MOFE INFOR~~TION OBTAINED Attorney Pickworth related that mora information is needed in regard to the rolocation of the CETA administration and this matter will be discussed at a future session when this information is ob- tained. STJIF!" TO DRAFT RESOLUTION TO SUBMIT TO TilE LEGISLATIVE DELEGATION REQU.'tRING THAT THE STATE ISSUE GUN PERMITS Motion was made by Con~issioner Wenzel, seconded by Commissioner Brown and carried 4/0 in the absence of Commissioner Archer, to autho- rize staff to draft a resolution to submit to the legislative dele- gation to be presented at the legislativo session requiring that the State issuo gun permits rather than the individual counties. * * '* '* * * . . . * * * * * There being no further business for the good of the County the meeting was adjourned by order of the Chair. Time ll:43 A.M. BOARD O!" COUNTY COMMISSIONERS/EX OFFICIO GOVERNING BOARD OF SPECIAL DISTRICTS UNDER ITS CONTROL ATTEST: WILLIAM J. REAGAN, CLERK /. / Q. .ei:.ice Cheirman RUSS' WIMER, CHAIRMAN C" ~ ..... ...... ." "'I'\\~\".;.' f ,I, J \ ".