Loading...
BCC Minutes 04/18/1978 R , ..-..- -.. ~ Naples, Florida, April 18, 1~78 LET IT BE REMEMBERED, that the Board of County Commissioners in 8.,d for the County of Collier, 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 thiB date at 9:00 A.M. in Regular Session in Building "F" of the Courthouse Com- plex with the following members present: CHAIRl-1AN: C. R. "Russ" Wimer VICE-CHAI~I: John A. Pistor Thomas P. Archer David C. 'Brown ABSENT: Clifford Wenzel ALSO PRESENT: William J. Reagan, Clerk; HaroJd L. Hall, Chief Deputy Clerk/Fiscal Officer; Edna 3renneman, Deputy Clor~; D~nald A. Pickworth, County Attorney; Irving Berzon, Utility Director; D=. Neno Spagna, Director of Community Development; Clifford Barksdale, Assistant County Engineer; Carl Clemmer, Zoning Director; Mary Morgan, Administrative Aide to the Board; and, Deputy Chief Raymond Barnett, Sheriff's Department. AGENDA OOA.'-I I. INVOCATION II. PLEDGE OF ALLEGIANCE III. APPROVAL OF AGENDA IV. APPROVAL OF MINUTES: March 21, 1978, and March 28, 1978 V. ADVERTISED PUBLIC HEARINGS A. Petition V-78-8-C by W. H. Buckhannon requesting a Pg variance in the IS' side yard setback line for Lot 6-9 52, Phase II, Naples Bath & Tennis Club (Pickworth). B. Petition NZ-78-2-C by the Planning Department requesting an amendment to Ordinance 76-30, Section 9 - Special Regulations for "ST" Areas of Environ- mental Sensitivity--deferred fro~ April 4, 1978 (Pickworth). VI. OLD BUSINESS I ~~ 041 p~ 3Go I - .. April 18, 1978 AGENDA - APPROVED WITH ADDITIONS/DELETIONS Commissioner Archer moved, seconded by Commissioner Pistor and carried 4/0 with Commissioner Wenzel absent, that the agenda be approved with the following Additions/Deletions: ~ . ADDITIONS AND DELETIONS April 18, 1978 ADDITIONS IV. APPROVAL or MINUTES: April~, 1978 VI. OLD BUSINESS A. Request for Approval of Resolution with Regard to Voting Machines. n. Request for Approval of Change Ordor for Emergency Generator. C. RcviC\~ of County Manager Selection Process VII. STAFf- REPORT E. Request for Authorization for Chairman to Execute Applic:ttion for LEA^ Grant Project Entitled "Collier County Sheriff's Department Communications Upgrade; Phase II (lIa11). F. Request for Authorization for Chairman to Execute Agrcement with State Library of Florida for FY7S Program Grant to Collier County Free Public Library (Morgan) . XIII. ITEMS FOR DISCUSSION AND POSSIBLE ACTION C. Immokalee Water/Sewer District Status DELETIONS XI I I. ITEi.1S FOR DISCUSSION AND POSSIBLE ACTION B. Report on Findings relating to taxation of oil production and production facilities (Pickworth). :^~,l( 041 mE '392 DI',:if( 041 rm'393 April la, 1978 MINUTES OF Ml\PCH 21, Ml_RCH 28, AND APRIL 4, 1978 - APPROVED AS SUB- MITTE;D Commissioner Pistor moved, seconded by Commissioner Archer and carried 4/0 with Commissioner Wenzel absent, that the minutes of the meetings of March 2l, March 28, and April 4, 1978 be approved DS submitted. RESOLUTION R-78-6l RE PETITION V-7a-a-C BY W. It. BUCKHANNON III, REQUJ::STING A VARIANCE IN THE 15' SIDE YARD SETBACK LINE FOR LOT 52, PHASE II, NAPLES BATII & TENNIS CLUB - ADOPTED Legal notice having been published in the Naples Daily News on April 2, 1978 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was held to consider a proposed resolu- tion re Petition V-78-8-C by W. II. Buckhannon III requesting a vari- ance in the 15' side yard setback line for Lot 52, Phase II, Naples Bath & Tennis Club. Zoning Director carl Clemmer explained that the petitioner is planning to construct a 2,200 square foot residence on the property, said residence being classified as a two-story building requiring a IS-foot side yard setback by zoning regulations ac well as the PUD for the Naples Bath & Tennis Club. The variance being requested, said Mr. Clemmer, is to reduce the side yard setback line five feet. He said to relocate the building forward on the property would re- suIt in destroying several trees and vegetation, as well as privacy. ",' :''It is recommended by staff, he said, that the variance be granted. Mr. Clemmer dIsplayed blueprints for the Commissioners'perusal and noted that the petitioner was present to respond to questions from the Board. Mr., Clemmer pointed out that the staff contacted the Vice- President and General Manager of the Club who has stated that there is no objection to granting the variance. -." - --- l.__.....j April 18, 1978 There being no persons registered to speak, Commissioner Archer moved, seconded by Commissioner Pistor and carried 4/0 with Commissioner Wenzel absent, that the public hearing be closed. Commissioner Pis tor moved, seconded by Commissioner Archer and carried 4/0 with Commissioner Wenzel absent, that Resolution R-78-6l re Petition V-78-8-C by W. H. Buckhannon III for a 5' side yard set- back variance to the 15' setback requirements for Lot 52, Phase II, Naples Bath & Tennis be adopted. * * * * * * * * * * * * * * * * * * ~-.:l\ 041 neE 394 C".~K 04i net 397 April 18, 1978 PETITION NZ-7B-2-C BY THE PLANNING DEPARTMENT REQUESTING AN AMEND- MENT TO ORDIN:.NCE 76-3u, RE SEC~ION 9 - SPECIAL REGULATIONS FOR "ST" AREAS OF ENVIRONMENTAL SENSITIVITY (DEFERRED FROM APRIL 4, 1978) _ CONTINUED UNTIL APRIL 25, 1978 Legal notice having been published in the Naples Daily News on March 15, 1978 as evidenced by Affidavit of Publication previously filed with the Clerk, public hearing was continued from April 4, 197B re Petition NZ-78-2-C by the Planning Department requesting an amendmcnt to Ordinance 76-30 regarding Section 9 - Special Regulations for "ST" Areas of Environmental Sensitivity. It was pointed out by Commissioner Archer that a zoning change requires a 4/1 affirmativc vote by the Commissioners, noting the absence of Commissioner Wenzel, following which he moved, seconded by Commissioner Pistor and carried 4/0 that Petition NZ-78-2-C by the Planning Department requesting an amendment to Ordinance 76-30 regard- ing Section 9 - Special Regulations for "ST" Areas of Environmental Sensitivity be continued until the meeting of April 25, 1978. Utility Director Irving Berzon noted the presence of three per- sons who had registered to speak on the matter. Chairman Wimer offered those persons the opportunity to return to the meeting on April 25, 1978, or to make their comments this date. Mr. Leo V. Tinkham was not prcsent when his name was called; Messrs. I. E. Evans and Elbert Tripp stated that they would return the following week. . APPROVAL OF RESOLUTIONS WITH REGARD TO VOTING MACHINES - CONTINUED 'UNTIL APRIL 25, 1978 County Attorney Donald Pickworth advised that the Florida Law requires that prior to the purchase of voting equipment approval must be given by the State Division of Elections and, in this regard, there ar~ certain requirements involved which must be complied with, in part, by the vendor of the equipment. He read portions of one of the two resolutions being presented for approval and adoption which he said "tracks" the Administrative Regulations and which pertain _.....~ April lB, 1978 to said vendor Compute~ Election Systems. A further resolution, said Mr. Pickworth, pertains, in part, to the law regarding com- petitive bidding requirements which he said can be complied with due to the fact that the vendor is the sole source of supply for the equipment which the County desires to purchase. The two resolutions were further discussed with Commissioner Archer observing that he has not seen the planning package and other documents referred to in one of the resolutions. Mr. Pickworth stated that he assumed that the information referred to was a part Qf the entire presentation; however, if not, the resolutions can be held up pending further review. It was the consensus of the Board that the resolutions be brought back for action April 25, 1978. Mr. Mike Zewalk, North Naples Civic Association, inquired if the voters will be instructed on the voting procedure prior to election day with Chairman Wimer responding that there will be an educational program which will be set up by the Supervisor of Elec- tions and the computer elections representatives. He suggested that Mr. Zcwolk conLact tho Supervisor, Mrs. Edna Santa, for further de- tails which he can convey to the Association. APPROVAL OF CHANGE ORDER NO.3 (GEORGE F. KRAFT CO.) FOR EHERGENCY GENERATOR - CONTINUED UNTIL APRIL 25, 1978 Utility Director Irving Berzon stated that the staff has re- quested that the matter of Change Order No.3 (George F. Kraft Co.) for installation of tho Emergency Generator be continued until April 25, 1978. The request was granted. REVIElv OF THE COUNTY MANAGER SELECTION PROCESS - CONTINUED UNTIL LATEl1 IN TilE SESSION Clerk William Reagan advised the Board that the compilation of the information requested by the Board with regard to the applicants for the position of County Manager would not be available until later :":1\ 041. r.\GE398 ~~.~K 04i r.~cE'399 April 18, 1978 in ~he session, following which Chairman Wimer directed that the matter be deferred and tuken up as soon as it is available. (See action taken lutcr in the meeting) PROPOSED ORDINANCE ESTABLISHING DUTIES AND RESPONSIBILITIES OF THE COUNTY MANAGER - ADVERTISING AUTHORIZED FOR PUBLIC HEARING MAY 9, 1978 Commissioner Archer moved, seconded by Commissioner Pistor, that the proposed ordinance Establishing Duties and Responsibilities of the County Manager be advertised for public hearing May 9, 1978. During the brief discussion which followed, Commissioner Archer noted that the job description previously adopted is "tracked" by the proposed ordinance, said ordinance also including the State Statute requirements. Clerk William Reagan inquired if the Board is ~dopting, in essence, a County Administrator form of government by Statute. Co~nissioner Archer said this is being considered with County Attorney Pickworth observing that the County already has a County Administrator form of government; however, he is called the County Manager. Mr. Reagan inquired if the proposed ordinance re- flects any of the deletions discussed previously with Mr. Pickworth replying in the negative; however, he said the wording can be changed in the pertinent sections of the ordinance. Mr. Reagan noted that there are no major changes but that he wanted the Board to be aware of them and tha t they h'ould be 'further discussed at the public hear- ing. The motion on the floor carried 4/0 with Commissioner Wenzel absent. RESOLUTION R-78-62 RE PETITION PU 78-3-C BY NAPLES CHRISTIAN ACADEMY REQUESTING PU(3) OF "E" DISTRICT ZONING OF PROPERTY IN UNIT 30, GOL- DEN GATE ESTATES - ADOPTED: AGREEMENT BY PETITIONER TO IMPOSED STIPULATIONS - ACCEPTED Dr. Neno Spagna, Director of Community Development, explained that Petition PU 78-3-C is a request by the Naples Christian Academy 4 ..~ April 18, 1978 for Provisional Use (3) of property zoned "E-Estates" located 480' south of Golden Gate Parkway on the west side of Santa Barbara Boulevard, Unit 30, Golden Gate Estates. The purpose of the re- quest, he said, is to permit construction of a school on said pro- perty. Mr. Thomas Peek, of Wilson, Miller, Barton, SolI & Peek, stated that his firm has been retained by the petitioner to serve as project engineers for the proposed school facility, the first phase of which is a basic facility for approximately 400 students, including the necessary parking and utility services required by the County and State regulations to support those classroom facilities. He said that the Water Management Advisory Board, the Environmental Advisory Council, and the Coastal Area Planning Commission have re- viewed the request, forwarding same to the Board with a recommenda- tion of approval with certain stipulations to which the petitioner has accepted and agreed. Dr. Spagna noted that eight letters have been received from the property owners within 300' of the proposed location, three of which objected to the school and five in favor of the project. Commissioner Archer moved, seconded by Commissioner Pistor and carried 4/0 with Commissioner Wenzel absent, that Resolution R-78-62 re Petition PU 78-3-C by Nap1en Christian Academy requesting Provisional Use (3) of "E" Zoning District, Unit 30, Golden Gate Estates, be adopted, and that the Agreement to the imposed stipula- tions by staff and the CAPC be accepted. * * * * * * * * :~~K 041 r.'GE~CO :~.~~ 041 r.\CE 405 April 18, 1978 PETITION OSP-78-l-C BY DOUGLAS RONDEAU REQUESTING OFF-STREET Pl\RK-::NG ON POJ{TIONS OF LOT 82, .HCLF - CONTINUED UNTIL APRIL 25, 1978 Dr. Neno Spagna, Director of Community Development, explained that Petition OSP-78-l-C regarding off-street parking and Petition COP 78-l-C requesting alcoholic beverage zoning approval for pro- perty described as Lot 82, NICLF, can be discussed jointly; however, any action taken should be by separate motion for each of th~ peti- tions. The petitions were discussed in detail with particular emphasis being placed on the access to the property which Dr. Spagna said would be off Creech Road and, also, off U.S. 4l. In response to Chairman Wimer's inquiry, Dr. Spagna stated that Creech Road does not meet County standards in that the roadway is not wide enough. Chairman Wimer expressed concern that the recommendation for approval was given by staff and the CAPC, due to the increased traffic which would be generated at the site, without some improvements to the access requested of tho petitioner. The petitioner, Douglas Rondeau, stated that the matter being addressed by the Chairman was brought up during the Planning Com- mission's hearing and that he is in agreement that changes should be made for the safety of the residents in the area and due to the build- ing contemplated for that area. Mr. Rondeau said that the road could '._~e improved at the same time that it is torn up for sewer installa- tion. Following additional discussion, Chairman Wimer inquired if the petitioner would consider continuing the matter for one week until something can be worked out with the staff regarding a possible way to acco~oodate traffic off Creech Road in a safer manner than what is proposed. Mr. Rondeau expressed his agreement to the deferment, Commissioner Archer moved, seconded by Commissioner Pistor, that Petition OSP-78-1-C requesting off-street parking on portions of Lot 82, NICLF, be continued until April 25, 1978. L ~_.._..-. April la, 1978 Commissioner Brown expressed disapproval of the motion stating that since the project has been approved by the County Traffic Engineer, the CAPC, and Dr. Spagna, the Board is requesting said staff to accomplish something which it looks like is impossible to do. Upon call for the question, the motion carried 3/1 with Com- missioner Drown voting in the negative and Co~is810ner Wenzel absent. PETITION COP 78-l-C DY DOUGLAS RONDEAU REQUESTING ALCOHOL:C BEVERAGE ZONING APPROVAL FOR PORTIONS OF LOT a2, NICLF - CONTINUED UNTIL '. APRIL 25, 1978 Dr. Neno Spagna, Director of Community Development, stated that Petition COP 78-l-C is a request by Douglas Rondeau for alcoholic beverage zoning approval for po~tions of Lot 82, NICLF, which was previously discussed in conjunction with petition OSP-78-l-C. Dr. Spagna said that approval was recor.~ended by staff and the Coastal Area Planning Commission with certai~ stipulations which hnvo h""n agreed to hy the petitioner. One of the stipulations, he said, concerns the buffering of the property as required by zoning regulations. lie said that since there is an existing fence around the subject property, it is recommended that said fence be continued in lieu of a concrete wall as required. The matter of waiving the ordinance in this regard was discussed with Chairman Wimer noting that in previous discussions it has been suggested that the ordi- nance be changed regarding the provision being discussed. County Attorney Pickworth explained that the ordinance can be viewed in such a manner as to permit sufficient latit~ce to make these kinds of adjustments as long as there is a kind of standard to be used a~ a guide for future like decisions. Mr. Alex Nazzaro, affected property owner, stated that he did not receive notification of the request contained in Petition :~~~ 041 r.\GE 400 . "',#'.;'" /.,'.... ~~~k 041 nCf407 April 18, 1978 COP-78-l-C and inquired about the procedure for such notice. Chairman Wimer said that it is the policy of the County to make auro that cveryono within 300' of the properties affected arc notified and suggested that he (Mr. Nazzaro) confer with Dr. Spagna following the meeting. It was the consensus of the Board that Petition COP-78-l-C be continued until April 25, 1978 for further discussion in conjunction with Petition OSP-78-l-C regarding off-street parking request by the same petitioner for the same location. * * * * * * * * * * * * * * RECESS: 9:50 A.M. to 10:02 A.M. * * * " * * * * * . . . . * CHAIRMAN AU'l'IIORIZED TO EXECUTE SUBGRANT APPLICATION FOR LEAA FUNDS RE COLLIER COUNTY SHERIFF'S DEPARTMENT COMMUNICATIONS UPGRADE _ PHASE II Commissioner Pis tor moved, seconded by Commissioner Archer and carried 4/0 with Commissioner Wenzel absent, that the Chairman be authorized to sign tho Subqrant Application and the Subqranteo Resolution R-78-63 for LEAA Funds for the Collier County Sheriff's Department Communications Upgrade - Phase II, as requested by Fiscal Officer Harold Hall. NOTE: Complete Subgrant Application on file in office of Clerk of the Board. * . * * * * * * . ~".jK 04i f.\GE 413 April 18, 1978 CHAIRMAN AUTHORIZED TO EXECUTE AGREEMENT BETWEEN THE STATE DIVISION OF LIBRARY SEP.-JICES AND THE BCC lU: THE FLORIDA STATE PLAN STATE- WIDE LIBRARY PROGRAM GRANT Commissioner Archer moved, seconded by Commissioner Pistor and carried 4/0 with Commissioner Wenzel absent, that the Chairman be authorized to executa the Agreement between the Department of State, State of Florida Division of Library Services and the Board of r.ounty Commissioners of Collier County, Florida with regard to the Florida State Plan State-Wide Library Program Grant, as requested by Administrative Aide to the Board Mary Morgan. NOTE: Exhibits A and B re same appear on file in office of Clerk of the Board. * * * * * * * * * * * * * * * * .. j .--...... April 18, 1978 CONNECTION TO CITY OF NAPLES SEWER SYSTEM BY ROYAL ARMS VILLAS DEVELOPMENT (LOCATED IN THE COUNTY) - APPROVED Utility Director reported that authorization is being requested for the developer of Royal Arms Villas to make connection to the City's Sewer System, the property in question being located on a 20+ acre tract of land lying between Sandpiper and Palm Streets. Mr. Berzon stated that the westerly border of the property adjoins Sandpiper Street where the City of Napl~s has an existing sewer lille t1nc1 that the City has agreed to allow this connection and accept the sewage if the County authorizes the connection. Mr. Berzon also stated that there would be no adverse impact engineering- wise nor from the standpoint of cconomics if such connection was authorized and it is on that basis that authorization is being recommended. He said, in response to Commissioner Archer, that the agreement proposed goes further than a "letter of no objection" since it states that the County no longer has any claim or interest in the mattcr since the property will be served by the City. Commissioner Pis tor stated that he has no objection to the request; however, he said that it has been reported that the developer acknowledges that aft~r a heavy rain storm the buildings will be surrounded by water for two or three days. He said that he is under the impression that there is a buildin~ restric~ion which stipulates that buildings have to be built high enough to overcome this problem. M~. Berzon concurred with the Commissioner regarding the findings in the water management report and stated that the developer and the engineer have acknowledged the problem, their only response being that they assume full responsibility for the road network within the area. Hr. Derzon continued by stating that the building pad itself will be above the water but that the immediate area away from the building be- comes part of the retention area which the regulations do not pre- cludc. lie said further that he has requested a letter for the record 6C(l!( 041 fllCE" 41B ~ 04i~E417 April la, 1978 from the developer acknowledging the fact there could be a long period of standing water. Chairman Wimer inquired of Mr. Berzon if the ongoing discussion docs point out that some changes in the requirements are needed with Mr. Berzon responding that it points out the need to more specifically define where retention can be confined. Mr. Berzon raitor^ted th^t, basad on tho rocommendations of the consultant that there will be no adverse impact from an engineering or economic standpoint on the district, described as Sewer Area B Project, it is being recommended for authorization by the Board. Commissioner Pistor moved for approval of the connection of Royal Arms Villas Development to the City of Naples Sewer System. The motion was seconded by Commissioner Brown. County Attorney Pickworth inquired if there are any other similarly-situated developments or existing structures coming up for which the Board will be asked to make the same type of decision which could possibly impact the District. Mr. Berzon replied that in cases of requests which will have an adverse affect on the remain- ing areas of the District they will have to be recommended against. Upon call for the question, the motion carried 4/0 with Com- missioner Wenzel absent. COUNTY ATTORNEY PROVIDES STATUS REPORT OF COUNTY WATER/SEWER DISTRICT FINANCING/COUNTY ATTORNEY, ONE COUNTY COMMISSIONER, AND THE FISCAL OFFICER AUTHORIZED TRAVEL TO NEW YORK CITY FOR CONSULTATIONS IN THIS REGARD WITH DUN AND BRADSTREET County Attorney Donald Pickworth explained that because the Supremo Court declined to recall the mandate in the Sewer District validation case a bond validation hearing has been scheduled for May 15, 1978. He said that 30 days following the close of the vali- dation proceedings, assuming that the Circuit Court validates the bonds, will be the period when any person wishing to appeal such validation can file an appeal and the matter taken back to the _.A .. -~----.. April 18, 1918 Supreme Court. In his opinion, snid Mr. Pickworth, an appeal will be filed and there will be a number of months before a final decision is rendered. Therefore, he continued, "We are right back where we were before - playing a waiting game" and the "The people out there will suffer as a result, unfortunately". At this point, said Mr. Pickworth, he can see no way of pre- venting the default on the loan to the District by the DER, although written notice to this effect has not been received. He said the only thing that can be done is to pursue any possible means of ob- taining interim financing based on the fact that the Legislature did ratify the creation of the District by Legislative Act. He said that attempts will be made to find a lender who is willing to accept some kind of short-term security on the basis of that Special Act without, at the same time, involving an obligation of the Collier County General Government. He noted that the passage of the Act has not greatly improved the situation as far as the investment com- munity is concerned, adding that they will probably insist on a commitment by the County itself which the Board pretty much closed the door on and, in his o~lnion, probably rightly so. Clerk William Reagan stated that during discussions with one of the investment firms it was suggested that, in the event the lOan was not paid, it would be advantageous to the County to authorize travel to New York for a discussion of the County's problem with Dun and Bradstreet. Mr. Reagan said it was felt that if the County Attorney, one of the Commissioners, and the Fiscal Officer could present the problem to them prior to the time other issues will be brought before them, it will be advantageous to the County almost certainly and could do no harm. Commissioner Archer moved, seconded by Commissioner Pistor and carried 4/0 with Commissioner Nenzel absent, that Mr. Reagan's recommendation be followed regarding the aforementioned staff members travel to New York City. BOOk 041 f.\Gf 418 BOOk 04:1 P1ICt 419 April 18, 1978 PAYMENT OF ROUTINE BILLS - AUTHORIZED Follol".'ing Fiscal Officer Harold Hall's statement that the bills baing presented for payment authorization have been pro- cessed following established procedures, and that funds are avail- able, Commissioner Archer moved, seconded by Commissioner Pistor and carried 4/0 with Commissioner Wenzel absent, that the bills be approved for p~yment as witnessed by the following warrants issued from April 12, 1978 through April l8, 1978: FUND WARRANT NOS. 24 - 26 22 11 25 - 43 10 13 l6 43 11 General Fund (Manual) Road &. Bridge Interest &. Sinking Assessment &. Utility Clearing Aqua tic Weed Improvement Trust \vater Management Sewer Dist. "A" Assessments Special Road Assessments Collier County Water/Sewer Utility Division Municipal Ser. Taxing Dist. Grants & Gifts CLPW) BCC Payroll Genp.ral Fund 5 14 3 42139 - 42538 4502 - 4708 FISCAL OFFICER HAROLD HALL ADVISES BOARD OF INABILITY OF COLLIER COUNTY SEHER DISTRICT "A" TO REPAY SEWAGE TREATMENT REVOLVING LOAN BY DER IN TilE M10UNT OF $10,604,660.14 DUE ON APRIL 15,1978 Fiscal Officer Harold Hall noted that there is a bill in the amount of $10,604,660.14 which is due and for which funds are not available in the proper fund for the payment. He entered into the 'record the letter dated April 3, 1978 from the Department of Environ- mental Regulation setting forth the amount of the Sewage Treatment Revolving Loan to Collier County Sewer District "A" and the stipula- tions as to what the interest will be during the period of time until the amount is paid. He said that the interest is at the rate of 2~\ per annum for funds outstanding for less than one year, and at the rat of 5\ per annum for funds outstanding for over one year. Utility Director Irving Berzon pointed out that interest in the amount of $235,000 represents the interest on the funds payable for 1-_... ( .----' ~ April 18, 1978 the grant portion of the entire project which, he added, is not a small amount. He said it will cost about $4.00 per month per average household in the District in interest alone. Mr. Hall said that Mr. Berzon's point is well taken in that if the proceeds from the bond validation issue were available they would be lor.that amount of the loan remaining after the application of the grant. He said that there are additional costs in the amount of $700 per day until the grant is received. Further said Mr. Hall, this is a significant amount of charge which was unanticipated when the system was put in and that somehow this money has to come from within the District. It will be to everyone's advantage in that District to get the bonds validated and to get the grant as soon as possible, he said. It was Commissioner Archer's suggestion that this information be relayed to the affected persons in the District. ,., ,., ,., ,., ,., ,., ,., * ,., * * ,., . * * GOO~ 041 ~GE 420 -, April l8, 1970 BUDGET AMENDMENT NO. 78-82 TO APPROPRIATE GENERAL FUND CONTINGENCY FUNDS FOR HELICOPTER EXPENSES - ADOPTED IN THE Al10UNT OF $2,000 Commissioner Archer moved, seconded by Conmissioner Pistor and carried 4/0 with Commissioner Wenzel absent, that Budget Amend- ment No. 78-82 to appropriate General Fund Contingency Funds for Helicopter expenses be adopted in the amount of $2,000. REQUEST fOR II 1I I> G F. T II ',.\ r : J [) 1.\ r: !.Ll.... -. Nllr:e of f<uqUtlst I ng lJ:tpt. .--.9LEF eO';~9 C.':- COUNTY {;O~'.\\I S5 IONEItS C:1LL I Fn COUNTY,. Fl.ORI Dr\ OES:iUPTlON AND JUSTIFICATION OF N.IEI:U:.1Erir H:Q:JESTEO (Propclro In trlpl Jell.to. On be rctuince! hy tho requesting Department. Fonlllrd orl~lm:l lJrt1 cno CO?,! to Fl~c<" U5~ c()n'~inllDtlon shcotr. line! llttllch supp~rtln9 docur::eots. If no!:dod) To appropriate General Fund Contingency Funds for Helicopter Expenses. Approved by Board Action on April 4, 1978. :>?-o. c>...~ [11 . _':.. r,,\c Bruce am rOB OAT&/12178 DEPARTt-:ENT APPRO'IIIL COUNTY I.t-\NAGEH ArrHO Memo DATE 4/4/78 DATE (THIS SECTION TO DE COMPLETED BY FINANCE) ACCOUNT Nil TO: (Increase) Helicopter (Cannibal for parts) 01-3991-00-4023 ~ FRm1: (Source of Funds) Contingencies 01-2101-00-7010 Lb.Q ~~:lZ;'~:~~~~;b~: OF :~:::;~~1;tj;'~0''''L T~:~~T.; l.:"tl~' !";!;cill O/flcClf'. nr-tc:r n:c:c:lp't 0/ 'Ih" Ili1;.rClvod Dji.ill~Il)1 11'0:1 'th3 COUil!t 1':\1no:'lD ;j I.'.: Ii 10 'lId ~ rC'CJtln~t for B:liIrd j"('l\, I CI'/ I:il.:! l:i'prn'/id. r"II(l~d :\:1 l.kl<1rc! 11::'hon. 'Iho ",l~:... .... . __.__...... 1l..~I.......t- t...."'....,I,~..:.~\,..... "hr,"l::::~' I'.:':c(.~:.,.tln(") nil:! !.~nd il co :-:.\ 041 i.\GE 421 :~.j~ 04i. f.\GE 425 April 18, 1978 BUDGET AHE~DMENT NO. 78-83 TO APPROPRIATE ADDITIONAL FUNDS FOR TIlE CONSTRUCTION OF THE SATELLITE SERVICE BUILDING - ADOPTED IN TilE AMOUNT OF $4,500 Commissioner Archer moved, seconded by Commissioner pistor and carried 4/0 with Commissioner Wenzel absent, that Budget Amend- ment No. 78-83 to appropriate additional funds for the construc- tion of the Satellite Service Building be adopted in the amount of $4,500. ~O.;~:J e::: (XrJ:HV COY:,ll SS I Oi~ms I{ E QUE 5 T fOP- O II " GET ^ -J.! r: N r) 1-1 r: Il T .C::'L1rH COU;-.lTY, rI.O;~ID!1 N/lrr.~ of {{~st!ng O-:lpL__~~~ DES::"\IPfrO:--l Ar.;O JlISTIFIC^TIO:~ OF NlEr:0:.IWr n::Q:.JESTED CPrcpnro In 1rir-I1clIto. O;vJ bo rutuinod by tho requostlng DCpllrtrn!:lnt. forwlJrd origin!!! llrId onci CO?'I tCl Fl~::l1J ( US~ co~tinuntion shoots ~nd nttoch supporting dOCU~9nt5. If noedod) To approoriate additional funds for the construction of the Satellite Service Building. Approved by Board Action on April 11, 1978. ??::i'Ai{EO [W Dc:PARTt,jfJH A?PiU'I/IL Bruce Lambr06ATf\/12/78 DI\TE COUNTY I,~~.NAG!::R APi'II.O'i1 DATE CTH I S SECT I ON TO DE CO:.1PLF.:TED OY F I N,A,NCE) TO: (Increase) I\CCOU~lT 1978 Capital Improvement Fund N,:OU: Sate1H.te Service Build4.nR - Construction 44-2557-00-4010 54,50' FROX:(Source of Funds) Projects 44-ll01-00-4010 54,50' -/ :: ,-.. -:-::-;-, rJ,.,;;"" 'L- . 1"0'.';;;0;: CW:-lTY C:,...,,, '~RSAi;;;'iJvAl--I-l\UI;G~ . I..... .'...... . r '..Utl\ ..lO'J f ... . , , I' :~l"'../aJL Dt\TL'I~(")'??[)r\'rE 4-18-78 --I' jI\0.78-8: 1-:11':: f i:.ciJI Officer', ll("tnr roc<:Ipt ('If "th:J bi-'p;"oved originol frC'~l .tho CClun-ty r,:uni1BCI f If":! jJ'C 'Ihis rcqllo:;t for n:Ji,rd ;'ovlc1\1 llnd lIj1pro',,1I. rollo:dnH 1l.:>.1I'd il::-tiorl, 111,'" I (";: f i:':':'1" ~:j II r,ro::(!!.<; r.o~r0vr.(~ 1J1Id~pt '\'~~0d,;",'nl-r. 1hl'~::f1h. "':":~(".J:)llllg i1~:1 ~'('~': _~ ~C:~'. .1 1_.__ J April 18, 1978 BUDGET AMENDMENT NO. 78-84 TO TRANSFER EQUIPMENT FUNDS TO SHED AND OTHE~ IMPROVE.-IENTS ACCOUNT - AC.'::>PTED IN THE AMOUNT OF $523 Commissioner Pistor moved, seconded by Commissioner Archer and carried 4/0 with Commissioner W~nzel absent, that Budget Amend- ment No. 78-84 to transfer Equipment Funds to Shed and Other Improve- ments Account rc Golden Gate Community Center be adopted in the llmount of $523. R E QUE 5 T FOR _!!...U () c: E'r A 1-\ r. II [) r.l E u... GOLDEl-l GATE "Im:,.!! ot ((~q':!l!it I nil IJ:lP't. _9.9~:.._ ~_~ C::::S::::~I:'TIO:--J ANO JLlSTIFICMION OF N1Etm:'!EtH H::QUESTEO CPrcpn:-u In trlpliclltO. ',One cOi' be u'~I,jn(lCl hy tho roqllcs-tlnu Doptlrlrn(Jnt. Fonltlrd origlnlll lm:l 0:'\0 copy '10 f1~ctll'Offl U5~1 c~"l'~inlJDtlon r.ho~ltr. fInd n./toe/) !>lIpl':lrtlng dOCU~~9ntr., If Ml!J':od) ;?J (.:, C(HHY CO~'.\11 55 IONEHS CJ:...L1 L,: C()lJ~lT)',. n,()i~1 OIl To transfer equipment funds for use in the replacement of a parkinr. light globe destroyed by vandals, sun control film for window~ and additional funds for stornp,e building as follows: Parking Light Globe Sun Control Screen Storage Building $ 99 150 274 $ 523 ??::P;'..:~:::[) flY lJEf'IIH 1I,:i:N I A'r-'f'IUI AL Brucc LombroY)ATEll/13/78 DATE I VJv,'l1 T !'it'J'Ir\!.>tt< I\t't'I(UY AI. fr)), (~.\.. ( DATF. -4 -((~ - CTHIS SECTION TO: TO DE CO~PLF.:T[[) RY FINANCE) ACCOUNT Golden Gate Community A1,:O'JNT Center (Incrcase) Shed & Other Improvements 05-8110-00-4010 $ 523.00 FRml: (Source of Funds) Equipment 05-8110-00-4020 $ 523.00 7}j~..:; i;:;~r;i<JV^'. -'----. .-/tiON.'" 0'4r,~;;~ CQ:.:'II :" O:""S"';;;"'I,\I "--:Jl ~~{)~~_~:EN~'l ZJ~l "\} at. DME D^ fl.. _ _ ..... '''';.. ___. . . i- ._ " 7t:::-;'i :;~id 0 If i C(lI", i~(t;:';:-r~~~;.t-;:( "1-;;; lII'P:~~'0cl C'rj ~ 1:'l;J r -; rc>."l .j h~l r.(.U:'l~Y r':'Jn"g~r, '" -; JCIl,) i/(, H1i!; n~qll()~.t for rl~lilrd j'O\'fC\1 DOl.:! lIi'pro'lid. tor lo:d::Z; Ik,.,rd l1::'tlon, 'Iho Fisc, :j;ii~,,:' ~:ill Ii,-nr.,';<", f.n~)r..)\'.-:c! IJII(h,~1 "'~':mr~:,:nlf, -1IJ('(':::i~. ",:-:~:(",::'1illn IIn:! !.~H~I.I.1 ~~~'(.I'O '.', nti'( ,'r~' d7H :~,~~ 04i I.\CE 4:27 April 19, 1979 FISC^L OFFICP.R HAROLD HALL PROVIDES BOARD WITH REVIEW OF FISCAL YEAr< 78/79 DUDGET PREPARATION dCHEDULE Fiscal Officer Harold Hall expressed his desire to cover the high points of the Budget preparation Schedule and how it fits in with the new computer based system, and also provide background information regarding the revised classification of accounts in the new Budget Year. lie pointed out that his presentation is a sta~us rerc~t whi~h does not require Board action at this time; however, he said that it will be necessary to adopt the new Classi- fication o€ Accounts and Budget Philosophy at the next session of the Board. Mr. Hall explained, by referring to a chart displayed for the purpose, that there is a revised "Uniform Classification of Accounts" required by the State, effective October 1, 1979 for Fiscal Year 1978-79. He stated thRt State requirements include a three digit code for fund; a completely new 3 digit code for type of transaction, function and activity; and a three digit object code. He explained thnt tho fO\lr digit department code previously required is no longer required and that each agency could establish their own department code. He continued, adding that the staff proposal is to replace the curren~ly usee 6 digit department code with an 8 digit code which is needed in the new computer based Financial Management Information System under development by the Clerk's office. Further, said Mr. Hall, the changes will provide financial in- formation to parallel almost any type of management reporting system that the County Manager, or any of the agencies, would implement with- in their organizational units; for instance, he said, there is a code to identify agency, the division within that agency, departments within each division, sections within divisions, and a subsection code which would be used primarily by Department such as Road and Bridge to budget and control costs by geographic area. This system, said Mr. Hall, will give staff the ability in the financial management system - - April 18, 1978 to produce practically any kind of management summaries that are needed by the Board, the County Manager, or by Oepartment Heads. In the computer base system, said Mr. Hall, a project number- ing system is being provided which will give the staff the capa- bility, within one completely structured accounting system/to identify specific projects and provide information as to the finan- cial status of projects. Mr. Hall said that the County is fortunate in that a computer base system is being implemented concurrently with the new classification of accounts. He said, however, that, ... .~. to assist the department heads, the budget preparation will be und~r '. the old system and after the budgets are in, the Clerk's office will recode (convert) all line items to the new system and that when the budgets are printed by computer and submitted to the Department Heads and to the Board on July 15, 1978, they will be under the new coding. The Budget Preparation Schedule is such that the computer- produced summaries will begin the first week in June, 1978 which is when the reviews of same will start by the County Manager, said Mr. 11<111. ConclUding, Hr. Hall said that the County will finish out the 1977-78 year in the Finance Department under the old system which will be completed the last of October, 1978, thereby going through one month with the books open on the old system: the new system having started sixty days earlier. For approximately sixty days, said Mr. Hall, the staff will be operating under both systems. He pointed out that no problems are anticipated - that procedures for the conversion have been developed in the Finance Department. Chairman Wimer expressed appreciation to Mr. Hall for the re- port. Mr. Hall stated that excellent support is heing received from the Data Processing Division staff which is doing a fine job on the budget. :~~~ 04i. i.\~t 428 BOOK 041 I:I!;\:: 429 April 18, 1978 DEAN D. HUNTER, JR. TO BE CONTACTED THIS DATE AND OFFERED THE POSITION OF CLJUNTY MANAGER FOR '::Or,LIER COUNTY (SEE ACTION TAKEN LATER IN SESSION) Chairman Wimer noted that Clerk William Reagan has contacted many individuals regarding references for the selected applicants for the position of County Manager, as requested by the Board. lie called for further direction from the Commissioners as to the next step in tho selection process. Commissioner Archer advised that he has read the report sub- mitted by Mr. Reagan on the four selected individuals - Messrs. O'Key, Hunter, Rose and Norman. He said that he has noted his comments on his copy of the report which he would be happy to pre- sent to tho Chairman, or move to make an offer to one individual, whichever the Chairman wishes. Commissioner Brown noted that he is of the same opinion as that expressed by Commissioner Archer and is ready to put forth his choice. Commissioner Pistor stated that he is also ready to make his choice but questioned whether or not the situation is one which the presence of the full Commission would be desirable. Commissioner Archer commented that he also considered that when voicing his suggestions; however, he recalled that the Board haQ previously decided ti1at they were desirous of having the new County :.~anager take over as soon as possible. He also said that he would have no objection to putting the matter off for another week stating that in a close decision he would dislike not having the fifth Com- missioner present. A further comment by the Commissioner was that time is of the essence in that if the selected applicant is to be here to help with and understand the budget preparations the selec- tion should be made as soon as possible. Commissioner Pistor suggested that they "move ahead", following which Commissioner Archer moved, seconded by Commissioner Pistor and .) April 18, 1978 carried 4/0 with Commissioner Wenzel absent, that Mr. Dean D. lIuncer, Jr. ve contacted and offered the position of County Manager for Collier County. Chairman Wimer relinquished the gavel to Vice-Chairman Pi. tor at this time (10:35 A.M.) to contact Mr. Hunter regarding the Board's action, and to inquire how soon Mr. Hunter could be here to assume the position, noting that if there were any problems encountered he would bring them back to the Board. ENGINEERING DEPARTMENT AUTHORIZED TO DETERMINE COSTS INVOLVED IN TilE REPAIR OF SEVERAL STREETS ON PLANTATION ISLAND, AS REQUESTED IN", PETITION RECEIVED BY THE BOARD Administrative Aide to the Board Mary Morgan apprised the Board of the receipt of a petition signed by residents of Plantation Island stating their desire to have the County make repairs to the roads on the Island. She said that the area is in Commission District 5 and that Commissioner Brown submitted the petition this date. Commissioner Brown stated that the petition, with 85 names, was given to him by a resident of the Island this date, noting that there are three streets named which are in terrible shape. He said that Assistant County Engineer Clifford Barksdale was made aware of the problem and that he will review it and bring the matter back to the Board. commissioner Archer moved, seconded by Commissioner Drown and carried 3/0 with Commissioner Wenzel absent and Chairman Wimer not r~es~nt at ~~e time of the vote, that the Engineering Department be authorized to proceed wilh a determination of the costs involved to repair the streets in question on Plantation Island. AFTER-THE-FACT APPROVAL GIVEN RE ADVERTISING FOR PUBLIC HEARING RE- GARDING PETITION NZ-78-3-C FOR MAY 9, 1978 (HEARING ORIGINALLY SCHEDULED FOR MAY 2, 1978) Administrative Aide to the Board Mary Morgan explained that advertising re Petition NZ-78-3-C was authorized at the Commission al)~ 041 tAU ~30 lOOK 041 rACE 431 April l8, 1978 meeting on April 4, 1978 for public hearing May 2, 1978; however,' the newspaper did not run the advertisement in time to meet the rcquircmcnto. Commissioner Brown moved, seconded by Commissioner Archer and carried 3/0 with Commissioner Wenzel absent and Chairman Wimer not present at the time of the vote, that after-the-fact authoriza- tioil bo given to advertise Petition NZ-78-3-C for public hearing May 9, 19 78. BOARD AUTHORIZES F,XPENDITURE OF UP TO $1,000 FOR PREPARATION OF NECESSARY DATA RE WATER MANAGEMENT DISTRICT NO. 7 REPORT AS REQUEST- ED BY TilE SFWMD AND RECOMMENDED BY THE WMAB Utility Director Irving Berzon, referring to his memorandum to the Board dated April 13, 1978, explained that the South Florida Water Management District technical staff ia in need of additional information in order to carry out their complete review of the Water Management District No. 7 Report, said information being of a techni- cal nature and would have to be developed by the Consultallts, Black, Crow & Eidoncos, Inc. Tho Consultants, said Mr. Berzon, have esti- mated that the costs involved will be approximately $1,000. Mr. Berzon said that it is his recommendation, and basically the recom- rnendation of the WMAB, that the Board authorize the expenditure. He said that he is reasonably certain that the expenditure will not be anywhere near the estimated amount, said funds to come from the W~~B budget. Commissioner Archer moved, seconded by Commissioner Brown and carried 3/0 with Commissioner Wenzel absent and Chairman Wimer not present at the time of the vote, that the Board authorize the expen- diture of up to $1,000 from WMAB funds for the preparation of the material outlined by Mr. Berzon in the event that the information cannot be obtained elsewhere. l.. .J l_._....._J April l8, 1978 CHAIRMAN AUTHORIZED TO PREPARE LETTER TO THE U.S. DEPARTMENT OF COMMERCE PROrZSTING SCrlEDULED rLOSING OF THE U.S. WEATHER STATION AT PAGE FIELD, FORT MYERS, FLORIDA Administrative Aide to the Board Mary Morgan called the Board's attention to the letter dated April 13, 1978 from the Chairman of the Water Management Advisory Board in which it was stated that the WMAD regards the closing of the U.S. Weather Station at Fort Myers to be unfortunate and not in the best interests of the area. The letter, said Mrs. Morgan, urged the Board to send an appropriate letter to the U.S. Department of Commerce opposing the closing of the facility. Commissioner Brown moved, seconded by Commissioner Archer and carried 3/0 with Commissioner Wenzel absent and Chairman Wimer not present at the time of the vote, that the Chairman be authorized to sign a letter to the Federal Government in opposition to the closing of the U.S. Weather Station at Page Field, Fort Myers, Florida. CHAIRMAN AUTHORIZED TO SIGN PROOF OF CLAIM DOCUHENT RE BANKRUPTCY PROCEEDING IN THE MATTER OF GAC CORPORATION Commissi-Juer Archer moved, seconded by Commissioner Brown and carried 3/0 with Commissioner Wenzel absent and Chairman Wimer not present at the time of the vote, that the Chairman be authorized to sign Proof of Claim of Collier Cou~ty, Florida as to GAC Corpora- tion, Arising out of Guaranty of Golden Gate Subdivisions. * .. * * * * * * * * * .. IlOOK 041 rACf ~3). April 18, 1978 CHAIRMAN AUTHORIZED TO SIGN GEORGE F. KRAFT CO. CHANGE ORDER NO. 1 RE LIGHTING AT THE IMMOKALEE CRANCH LIBRARY Commissioner Archer moved, seconded by Commissioner Brown and carried 3/0 with Commissioner Wenzel absent and Chairman Wimer not present at tho timo of tho vote, that the Chairman be authorized to sign George F. Kraft Co. Change Order No. 1 for lighting at the Imrnokalce Branch Library, as recommended by staff, which decreases the contract $475, making the total sum of the contract $189,llO. CHANGE ORDER 1\11\ OOCUMENT C701 OWNER ARCf IlTEeT CO~HR^CTOR fiElD OTHER ~ 8 O' PROJECT: Immokalee Area Library (n~mr. .'dd,css) CHANGE ORDER NUMBER: ONE TO ContraClor) r: George F. K raft Co. 3640 Progress Avenue Naples, Fla. 33942 L .J CONTRACT DATE: You HC direclcd 10 make rhc (allowing changes in rhis Contract: I ARCHITECT'S PROJECT NO: 7721 CONTRACT FOR: General Contract December 5, 1977 1. Delete exterior lighting shown on Plans and substitute three alwninwn poles with lighting to match existing exterIor lighting In orca. - $ 475.00 The original Conl,.ct Sum w~s . . . . . . . Net (h~nge by previous Ch~nge Orders . . . . The Conl'~ct Sum prior 10 this Change Order was. The Contr~ct Sum will be ~~ (decreHed) ~~by this Ch,lMge Order. The new Contract Sum including this Ch~nge Order will be . . , . The Cont"cr Time will he (i);~~J~~dPIMl'n?~~h (unch~n8ed) by The D~le of Completion H of Ihe date of this Change Order thereforlt Is l\1ay 11.197C. _ D~y!9.. r ._j\:lCly.~tA ..<\IA.__.___ ^R,f,/.I 's:.: _' h . .(b~t:(LSJ....$Q.l!.t)L__.__ ^d ... i\ fl~~S' Fla. ~JJ)O .. . ..1-h-----~7---- BY./_ -~-I-/RI4~4-- O^T! April 12, 197Qf . S 189, 585.00 , S -0- . S 189,585.00 . S 475.00 . S 189.110.00 ( ) Days. as called for in the Contract, i. e... Q_E;.QX&JLt. Kraft Co. CQi'iT~CTOR 3.(L4.~..Ln>~~e. t-dd'f's l\ap e$; Fla. 33942 ---;tr %"~. ,~(~ ,.~~~-r'r-:X\ (, ....,.. 4:'_",,""< ..:... ._ B'l(- .'.,-- .-' 6ATE April 12. H)78 ~ard of County Commissio 8'tSEw' urthouse Complex _~ddrl:n Na~ 33942 ~~ CJ~ OAlf April =12, 1978 "'" DOCU"!"Of C701 . CHASC! ORDER' ^PRll 1970 IOITlON . A'A' . CI 1970 . THE ^"ERIC'" 1'.SIITUlf Of AROUlfers. 1ns NEW YOR~ ^VE., NIV, WASHINcrON, D.C. 200060 ONE P^CI CGCK 041 r.\ct436 neCK 041 rACE 437 April 18, 1978 ENGINEERING OEPARTMENT AUTHORIZED TO DO THE PRELIMINARY ENGINEERING WORK RE TRINITY nLACE Commissioner Archer moved, seconded by Commissioner Brown and carried 3/0 with Commissioner Wenzel absent and Chairman Wimer not prcsent at the timc of the vote, that the Engineering Department be authorized to do the preliminary engineering work with regard to Trinity Place as requested by petition received April l8, 1978. ClI^IID1AN AUTHORIZED TO SIGN DEED NO. l6l RE LAKE TRAFFORD MEMORIAL GARDENS Pursuant to action of the Board on January lO, 1978 wherein the Chairman was authorized to sign various deeds to Lake Trafford Memorial Gardens cemetery lots as the need arises, the following Deed No. 161 was recorded and filed for the record. '* '* '* '* '* '* '* '* '* '* '* * '* * * * DeCK 041 r.'ct 4~9 April 18, 1978 UTILITY DIRECTOR IRVING llERZON DIRECTED TO COMPLETE THE NACO ENERGY MANAGEMENT S0RVEY - TO BE RETC~NED TO NACO WITH COPY TO CLERK OF THE BOARD F'nllnwin<] brief discusoion, Commissionor Archer movod, seconded by Commissioner Brown and carried 3/0 with Commissioner Wenzel absent and Chairman Wimer not present at tho time of the vote, that the Utility Director be directed to complete the NACo Energy Management Survey, same to be returned to NACo, with a copy to Clerk of the Board. CONTRACTORS ASSOCIATION'S COMMENTS RE FLOOD ELEVATIONS TO BE SCHE- DULED FOR FUTURE WORKSIIOP AGENDA Following brief discussion of the letter dated April 12, 1978 from the President of The Contractors Association of Collier County, Inc., it was the consensus of the Board members present that a workshop session bo scheduled for the purpose of discussing the proposed ordinance regarding flood elevations, as requested. ADMINISTRATIVE AIDE TO TilE BOARD ADVISES NEW MEDICAID INPATIENT PER DIEM COST liAS BEEN INCREASED TO $251.05 RE SHANDS TEACHING HOSPITAL Administrative Aide to the Board Mary Morgan noted that corre- spondence has been received from Shands Teaching Hospital and Clinics, Gainesvillc, Plorida, and from HRS} noting that the new per diem rate for Medicaid Inpatient care has been established at $25l.05, stating that thc Board should be made aware of this increase particularly "_when the matter comes up for budget deliberations. CHAIRMAN AUTIIORIZED TO EXECUTE CORRECTED QUITCLAIM DEED TO THE CITY RE WATER TRANSMISSION FACILITIES AS REQUESTED BY THE CITY OF NAPLES County Attorney Donald Pickworth reported that the City of Naples has requested some minor changes to the Quitclaim Deed regard- ing water lines, water transmission facilities, and the like, which was previously executed by the Board and that he is presenting a corrected Quitclaim Deed reflecting the changes for Board action. ._1>. l._._._..J April .18, 1978 Commissioner Archer moved, seconded by Commissioner Brown and carried 3/0 with Commissioner Wenzel absent and Chairman Wimer not present at the time of the vote, that the Chairman be authorized to sign new Quitclaim Deed, correcting the Quitclaim executed April 4, 1978, by and between The County Water-Sewer District, and the City of Naplos, regarding the aforesaid matters. .. "J, '. . .' .. .. .. .. . . .. .. .. .. . .. .. . .. .. .. .. C~ 041 r.\CE 440 I _ _ ,.1 t ____J (__.J April la, 1978 UTILITY EASEMENTS RE IMMOKALEE SEWER PROJECT RE O. E. WAGENSCBEIN, IMNOKALEE CH:.MBER OF COMMERCE, ANNIS THOMAS, AND ANNIS WHIDDEN THOMAS AND CARNIE J. WHIDDEN - ACCEPTED FOLLOWING RECORDATION Pursuant to action taken by the Board on October 25, 1977, wherein the Board approved the acceptance and the expenditure of funds for the recording of all Utility Easements related tQ the Immokalee Sewer Project, Utility Director Irving Berzon submitted the following Utility Easements, same having been recorded in the Official Records: 1. O. E. Wagenschein 2. Immokalee Chamber of Commerce, Inc. 3. Annis Thomas 4. Annis Whidden Thomas and Carnie J. Whidden .... ~ . . . . . . . . . * * * * * * * * * Ilr.c~ 041 r.\GE 442 nr,CK 041 t.\GE449 April l8, 1978 10. Letter dated March l5, 1978 from Douglas O. McGoon, Jr. re'...arding the conseq'lences of plugging the Golden Gate Canals - xc to Engineering Department, filed. 11. Letter dated April 12, 1978 from State Senator Jon C. Thomas expressing appreciation to the Board for its support of the Collier County Water/Sewer District _ Area A legislation; filed. 12. Notice dated April 5, 1978 from nUD re Citizen Partici- pation - Assurances, Small Cities Program, filed. 13. Notice dated April 4, 1978 from HUD correcting non-metro- politan amounts for low and moderate income persons in JAX Notice 78-10, Page 51 filed. 14. April 1978 issue of Community Development Newsletter _ BUD - filed. 15. Copy of letter dated April l2, 1978 from Evelyn Gomlerg to Assistant County Engineer Barksdale returning a Quit- claim Deed ra parkers Hammook Subdivision, filed. 16. Copy of Motion to Recall Mandate in the case of Ronald C. Druns vs. County Water-Sewer District; filed. 17. PSC Notices of Filing of Application for a Certificate of Public Convenience and Necessity to Operate as a Motor Carrier re Charles Severance d/b/a Severance Truck Lines, and re Emeralda for a certificate to trans- port horses; filed. ClIAII1MAN REPORTS ON CONVERSATION WITH PROSPECTIVE COUNTY MANAGER _ DATE FOR ADDITIONAL INTERVIEW TO BE ANNOUNCED WHEN FINALIZED Chairman Nimer returned to the meeting following the recess and reported that he had conversed with Mr. Dean D. Hunter, Jr., nominee for the position of County Manager, and that Mr. Hunter is very happy :to have !Jcen selected ,and that he would like to come to Collier County. Chairman Wimer said that Mr. Hunter would like to return to the County as soon as possible to finalize the details and that he, Chairman I~imer, would contact Mr. Hunter later this date to arrange for the additional interview and will inform the Board when a date has been established. DISCUSSION RE PROPOSED ORDINANCE REGULATING SMOKING - TO BE SCHE- DULED ON AGENDA OF MAY 2, 1978 FOR ADVERTISING AUTHORIZATION Mr. V. A. MacKenzie, member of the Committee established for the purpose of drafting an ordinance regulating smoking, advised L_ -~ April 18, 1978 that the Committee has finalized a proposed ordinance which the Committee believes to be workable and equitable. The main principles agreed upon by the Committee, said Mr. MacKenzie, include the following: 1. There is a public health need to protect non-smokers against tobacco smoke pollution in public places. 2. Public places to which restrictions on smoking should apply should be divided into two categories, as follows: A. Thosc where non-smokers may be associated for long pcriodn of time or arc in very close proximity with smokers, i.e. check- out lines in retail stores, waiting lines in cafeterias, and the like; and, B. Those places where associations are less close but in which there should be some restriction on smoking, i.e. retail stores, commercial establishments, restaurants, and the like. 3. Minimization of placarding or signs - in public places where smoking is restricted but not completely pro- hibited, the signs may, at the option of the proprietor, state that smoking is permitted; or, alternately, that smoking is prohibited in a specific area. Mr. MacKenzie said that at the last meeting of the Committee, two minor changes to the proposed ordinance were agreed upon which do nnt affect the ordinance in purpose but are necessary to be com- pletely explicit with regard to the Committee's agreements. He presented these amendments for Board approval, both having to do with Section 4, regarding specified public places or portions thereof where smoking is restricted. Chairman Wimer observed that the proposed ordinance as drafted and amended is the recommendation of the Committee and asked Mr. MacKenzie to describe the makeup of the Committee which he said com- r'7ised different segments of the community. Mr. MacKenzie said those serving on the Committee were, as follows: Dr;G~ 041 r,\CE 450 041 rACE 451 'April l8, 1978 1. Ken Umpcnhour, 'rObllCCO Shop Proprietor 2. V. A. MacKenzie, For~ar Assistant Surgeon General, Retired 3. W. J. Longshore, Chamber of Commerce Rep- resentntivo 4. Mrs. Barry Schmeckpeper, Executive Director, Local Office of the Cancer Society 5. Ron Jordan, Hospital!ty Buffet,. representing the Restaurant Association 6. William Crone, Naples Community Hospital (Unable to attend the meetings but appointed his assistant) 7. Mrs. Susan Smith, J\merican Heart Association 8. Henry Olness, Right to Breathe Organization 9. Dr. G. J. Antell, County Health Officer As Co-chairman, Mr. MacKenzie extended his congratulations to the members of the Committee not only for their willingness, but for their effort in working together for this purpose. Commissioner Pistor inquired about the provision prohibiting smoking on dance floors, noting that most dance floors are in country clubs or restaurants, with Mr. MacKenzie responding that the ordinance would only prohibit smoking while on the dance floor itself. Chairman Wimer observed that the Board has been furnished with copies of Draft No.1, and the amendments proposed refer to Draft No.2. County Attorney Pickworth explained that Draft No.1 is the draft that the Committee submitted to him which had some portions lined out. H~ said thnt this draft was retyped with the changes indicated thereon and that this document became Draft No. 2 - there were no changes made other than what were lined out. When questioned .about Section 7 by Commissioner Archer, Mr. Pickworth replied that a portion of that Section has been deleted from the final draft. Chairman Wimer expressed the Board's gratitude to the Committee for their work, following which Commissioner Brown moved, seconded by Commissioner Pistor and carried 4/0 with Commissioner Wenzel absent, that the proposed ordinance regulating smoking be placed on the next available agenda. for authorization to advertise the ordinance for public hearing. * It was later datermined that it be placed on the agenda for the May 2, 1978 meeting. I ...... . I ___i April la, 1978 STATUS REPORT RE IMMOKALEE WATER/SEWER DISTRICT - LEGISLATIVE DELE- GATION TO B::: INFORMEr.. THAT TIl~ BOARD SUPPORTS PASSAGE OF SPECIAL ACT RE SAME, FOLLOWING CORRECTION OF LEGAL DESCRIPTION IN PROPOSED BILL Utility Director Irving Berzon explained that there are on- going activities in the Immokalee Water/Sewer District regarding the formation of an independent district in the existing District area. lie said that there is a delegation present from the Immokalee aren and introduced Revorend Clarence Weeks to provide the Board with an update on the activities at this time. Rev. Weeks referred to the proposed Bill for the creation of a special water and sewer district in the area of the unincorporated" " community of Immokalee, copies of which were previously distributed to tho Commissioners, which he said is presently in the hands of the local )~gislative Delegation. He said that the people he represents do not question the County Commission's integrity or sincerity in this regard; however, he said that "The closer you can keep the con- trol home, the more efficiently you can operate it". Rev. Weeks stated that it is understood that it will make no difference to FmllA as to which group operates the District - they will work with either the County or the Special District. He said that if the County sees fit to turn the project over to the local people they would want to have it understood that they would he given the privilege of "falling back" on the County's expertise for what is felt will be of value to them. He urged the Board to approve the proposal, to take the m~tter off the Board's shoulders, and let the users administer the District. County Attorney Pickworth inquired if the same legal descr1p- tion of the affected area was included in the proposed Bill to estab- li~h the District as in the document which established the original District and the respons~ was in the affirmative. Due to some addi- tional areas added since that time, Mr. Pickworth said that he and Mr. Derzon would work with the group to update the legal description. ~;.C~ 041 r.\c& 452 fir. c., 041 fACE .453 April l8, 1978 Mr. Pick"orth ref<..rred to Rection 5 of the proposed Bill, said Section having to do with the Governing Body of the District, noting that it is proposed that the commisoioners shall be appointed by the Governor rather than elected. Mr. Sam Heath, Chairman, Immokalee Utility Authority, stated that this proposal is in variance with his understanding in that the commissioners are not to be appoint- ed by the Governor but rather elected by the members of the Immokalee Utility Board. Rev. Weeks observed that it appears there is a mis- understanding in that it was his impression that the commissioners would be appointed for four-year terms by the Governor, inqUiring if these recommendations come through the Board of County Commissioners with Chairman Wimer commenting that this is not necessarily so. Mr. Pickworth observed that the County would take no position on the matter. Mr. Heath was asked to comment on the apparent division of opinion and he said that the matter was discussed in meetings prior to the drawing of the Act and that it is his recollection now that the dp-cision was made that the commissioners would be appointed by the Governor; therefore, he is satisfied with the Section in question as it is presented. Continuing, Mr. Pickworth inquired if there would be any pro- blems encountered in getting the Act passed in a referendum with the provision that ~there would :be no elect:J.on of commissioners, noting -that the referendum will be by all of the eligible voters in the District - not just the freeholders. Following brief discussion it was suggested that attempts be made to obtain opinions on the matter prior to the time of the referendum in order to make sure the pro- vision does not cause a defeat of the Act. Chairman Wimer suggested that the appointmcnt of the commissioners will probably not be a problcm and that a determination be made that there are qualified people ready to serve, or to continue serving on the Board of Governo~s. . L___J April 18, 1978 Mr. pickworth offered the opinion that, until the Act is passed I by the Legislature nnd the referendum is held, tho existing District should not spend ony more money, noting that thero has already been over $300,000 invested which needs to be repaid, adding that, once the bonrd is crented, tho County will work with them in order to figure out a way for these expenses to be covered on the FmHA loan. Mr. Derzon said thnt virtually all the money necessary up to this point hos been expended, the next step being the construction. The only other big expenditure other than construction is the purchase of the land of the treatment site, said Mr. Berzon, adding that there is an option on such property which expires the beginning of 1979, which provides ample time; however, he said that there is no ";*' time to waste. Commissioner ^rcher observed that the FmHA loan and the bond issue hinges on the placing of the sewer system as proposed and stated that he would like assurance that there will be no deletions and that all of the lines will be placed with no changes from the original design. Mr. Heath stated that there will be no deletions and no changes. Commissioner Pistor inquired if there will be any difficulty getting the bonds validated under the circumstances with Mr. Pick- worth replying that, assuming the District is formed, the District will have to go through the whole process from start to finish since it is a whole new entity. lie said that the process is going ahead just as though the proposal of an independent district had not been brought up since much time will have been lost if the Act docs not pass the Legislature or in the event the referendum is turned down. Commissioner Brown moved, seconded by Commissioner Pistor, that the Legislative Delegation be informed that the Board of County Com- missioners supports the passage of the Special Act. i~C:( 041 t,\CE4-54 11m {) 41 tACE 4 55 April 18, 1978 Commissioner Archer inquired if his interpretation of the motion is correct - that the Board is supporting the Bill, provid- ing the legal descriptions check out, and that it is up to the Dia- trict as to how the Governing Board is formed. Commissioner Brown concurred with his interpretation. Upon call for tho question, the motion carried 3/1 with Com- missioner l'1cnzel absent and Commissioner Archer voting in the nega- tive. Rev. Weeks voiced his appreciation to the Board on behalf of the people of Immokalce for the action taken. * * * * * * *' *' * *' * *' *' *' BOARD OF COU~TY COMMISSIONERS/EX OFFICIO GOVERNING BOARDCS) OF SPECIAL DISTRICTS UNDER IT CONTROL c. R. ~WW~_N ATTEST: WILLIAM J. REAGAN, CLERK .. ,. ~ , ) -=> -' ,. ,<' "... "'. 'ill :,~~,~'l~' .P ,. .', . .~:n\\ :j\",