Loading...
BCC Minutes 06/13/1978 R ~ : 00 Al-I ~.. I__J Naplos, Florida, June 13, 1978 LF.T IT BE REMEMBERED, that the Board of County Commissioners tn and for th~ County of Collier, and also acting as the Governing Boardls) of such special districts aa have been created according to law and having conducted business herein, met on this date at 9:00 A.M. in Regular 5~ssion in Building "F" of the Courthouse Complex with the following members pre.entl CHAIRMAN: John A. Pistor VICE-CHAIRMAN: David C. Brown C. R. "Russ" Wimer ABSENT: Clifford Wenzel Thomas P. Archer ALSO PRESENT: William J. Rea9~n, Clerk, Harold L. Hall, Chief Deputy Clerk/Fiscal Officer, Carol Russell and Edna urenneman 110:55 A.M.), Deputy Clerksl Donald A. PiCkworth, County Attorney, Irving Beizon, Utility Di;ectorl Mary " Morgan, Administrative Aide to the Board, and Deputy Chief Raymond Barnett, Sheriff's Department. NO WORK SESSION Monday, June 12, 1 BOARD OF COUNTY COMMISSIONBRS FIN A L A G B N D A June 13, 1978 I. INVOCATION II. PLEDGE OF ALLEGIANCE III. APPROVAL OF AGENDA IV. APPROVAL OF MINUTES: May 23, 1978 IVA. REQUEST APPROVAL FOR SOCIAL SERVICES CASB W-16S2 V. ADVERTISED PUBLIC HEARINGS Pg A-B A. Extension of franchise area for Capri Water Works, Inc. Pg B. Proposed OrdinRnce amending County Ordinance 76-61 Pg prohibiting the discharge of firearms in certain sections of Golden Gate VI. OLD BUSINESS &OCK G42 r~~, 'ztS 'I) I')'f C~2K 042 r;,~z r..,C June l3, 1978 AGENDA - APPROVED WITH ADDITIONS AND DELETIONS Co~missioncr Wimer moved, seconded by Commissioner Brown and carried 3-0 with Corr..lissioners Wenzel and Archer absent, that the agenda be approved with the following additionc and deletions: A. Proclamation of Beef for Fathers' Day - Added B. Adoption of Emergency Ordinance regarding rezoning of Sam Heath property in Imrnokalee - Added and then Deleted. C. Authorization for Chairman to sign a Resolution for the establishment of an Industrial Development Authority for Collier County - Added D. Authorization for Chairman to sign a Resolution regarding furthe~ agreement with CAC on roads in Golden Gatp. Estates Area - Added E. Authorization to Advertise: . , . ) . 1. Request for the Board of County Commissioners to de~egttiate the franchise held by South Florida Cable Television (7/25/78) Added. 2. Petition V-78-l9-C by Joseph R. Locker, Jr., requesting a side yard setback variance in ordet. to' construct a condominium on Lots IX and X, Block A, Conner's Vanderbilt Beach Estates, Unit No. 1 (7/18/78) - Added 3. Petition V-78-20-C by Joseph R. Locker, Jr., requesting a side yard setback variance 1n order to construct a condominium on Lots 21 & 22, Block A, Vanderbilt Beach (7/18/78) - Added. 4. Petition R-78-5-I by the IAPC requesting a change in zoning from "I-A-2" to "I-C-3" for property in 83, T49S, R29E, Immokalee (7/25/78) - Added " \ 5. Approval of Shores Avenue Final Assessment Roll (7/25/78) - Added 6. Vacation of Six Foot Interior Easements along the boundaries of L~ts 1, 2, and 3, Block 206, Golden Gate, Unit 6 (7/25/78) Added .~ ~,.," t,}:K 042 r,',~, 223 JUlie 13, 1978 MINUTES OF MAY 23, 1978 - APPROVED Commissioner Wimer moved, seconded by Commissioner Drown and carried 3-0 with Co~issioners Wenzel and Archer absent, to approve the minutes of the meeting of May 23, 1978 as presented. SOCIAL SERVICES CASE W-1652 - APPROVED Commissioner Wimer moved, seconded by Commissioner Brown and carried 3-0 with Commissioners Wenzel and Archer absent, to approve Social Services Case W-1652. EXTENSION OF FRANCHISE AREA FOR CAPRI WATER WORKS, INC. - DENIED UNTIL FURTHER INFORMATION OBTAINED Legal not ire having been published in the Marco Island Eagle on May 25 and June 1, 1978 as evidenced by the Affidavit of Publication filed with the clerk, public hearing was held to consider the extension of the franchise of Capri Water Works, Inc.. Mr. Berzon, County Utility Director, explained that the request for the extension of the franchise area for Capri Water Works, Inc. is due to th~ proposed development of Enchanted Shores Mobile Home and Trailer Park in an area adjacent to the present franchise area. Mr. Berzon reported that the South Florida Water Management District staff has made a report on same and as a result of this report, he must recomm~nd to the Board that this item either be denied or continued until some time in the middle of August. The reasons for this, he said, are that the water allocation which will be requested at the next meeting of the South Florida Water Management District would not properly serve the ultim~ce demand that the subdivision would impose upon the system. Also, the applicant must show evidence that further withdrawals will not adversely affect the aquifer or well field, said Mr. Berzon, l--A I..____J June 13, 1978 and it has not been shown that the proposed water withdrawal will not cause I"altwater encroachment. Mr. B. M. Kirk, President of Henderson Creek Construction Company, explained that he h~d not reviewed the report referred to by Mr. Berzon and had prepared no reply. Mr. Kirk requested a continuation of the hearing1 however, Chairman Pi.tor replied' I that, as Mr. Berzon had reported, the earliest possible time seemed to be in August when all the information could be com- piled. Commissioner Wimer stated that he felt two months was too long to continue a public hearing as that would defeat the purpose of the advertising. Mr. Berzon recommended that the wells should be in the ground and tested to see the capacity before any decision can be made. Mr. William Walters, a mem- ber of the WatC'r Management Advisory Doard" spoke from the audience disagreeing with the denial of the franchise exten- sion without fi~st allowing Mr. Kirk to review the report by the South Florida Water Management staff. Commissioner Wimer replied thAt this was merely an administrative denial and had nothing to do with the merits of the extension as morA infor- mation is needed. Commissioner Wimer moved, seconded by Commissioner Brown and carried 3-0 with Commissioners Wenzel and Archer absent, to close the public hearing. Commission~r Wimer moved, seconded by Commissioner Brown and carried 3-0 with Commissioners Wenzel and Arch~r absent, that the extension of the franchise area for Capri Water Works, Inc. be denied at this time pending further information being brought back for a new hearing as soon as possible. ~::aK 042 p,.,~, 224' ~~CK 042 ':.~, 225 ~ , June 13, 1978 PROCLAMATION OF BEEF FOR FATHERS' DAY - ADOPTED Chairman Pistor called for Mrs. Mildred Price to come for- ward from the audience B~ a representative of the Immokalee Cow- belles who were present. Chairman Pistor stated that a Proc- lamation was to be made and also expressed his thanks to the Immokalee Cowbelles and Staff for the breakfast which had been served prior to the Commission meeting thi~ morning. Following the reading, Commissioner Brown moved for the adoption of the Proclamation of Beef f.or Fathers' Day, seconded by Commissioner Wimer and carried 3-0 with Commissioners Wenzel an~ Archer absent. * * * * * * * * * * * * . . . c~cx O. 'r! 1:\7 42 p;,:;:'~ JunE'! l3, 1978 I ~ , ORUINANCE ~B-25 AME~DING COUNTY ORDINANCE 76-61 PROHIBITING THE DlSCHARGE OF FIREARMS IN CERTAIN SECT!ONS OF GOLDEN OATE - ADOPTED Legal n0tice having bne~ published in the N~ples NAWS on May ~5, 197B as evidenced by Affidavit of Publication filed with the Clerk, public hearing was held to consider a proposed orc1!nance amencHng County Ordinance 76-61 prohibiting the dis- charge C'f firearms in certain seC'ltions of Golden Gate. County Attorney Pickworth described the area of Golden Gate where this ordinance woul~ be enforCfld aM 6~ miles east of Frank Boulevard, imme~iately north and Routh of Goodlette Road and Golden Gate Parkway. The Enqineerinq Department has e~~imated a financial impact of $2500., said Mr. Pickworth, as there will to 50 signs needed ~t $50 ap~ece. County Mannger Norman expreRsed concern that theRe signp in remote loci\tions would be merely targets for people to shoot at. However, Mr. Kermit Bunn, a resident of the area, explained that this area is b~coming more heavily populated. He explained that there is no ordinance now by which they can prohibit the indiscriminate discharge of firearms in this area as the pr~sent ordinance states that firearms cannot be discharqed within ~ mile of a Count.y road, however, the roads in Golden Gate Estaten are not accepted by the County. The only way to educate the public that this is not allowed, said Mr. Bunn, is by these signs being posted. Commissioner Wimer moved, seconded by Commissioner Brown, and carried 3-0 with Commisbioncrs Wenzel and Archer absen~, to close tt~ public hearing. Commissioner Wimer moved, seconded by Commissioner Brown, and car.ried 3-0 with Commissioners Wenzel and Archer absent, that ,the ordinance as numbered and titled below be adopted and entered in Ordir.ance Book Number eight. l,__-' I '.. j June 13, 1979 ORDINANCJ:: 78- 2S AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE 76-61: PROHIBITING THE DISCHARGE OF FIREARMS WITHIN SECTION 27, 28, 29, 30, 31 AND 32, RANGE 26E, TWP 49S AND SECTIONS 25, 26, 35 'lOd 36, AND PORTIONS OF SECTIONS " 27 AND 34, RANGE 25E, 1~. 49S, COLLIER COUNTY: PROVIDING AN EFFECTIVE DATE. RESOLUTION 78-94 ESTABLISHING AN INDUSTRIAL DEVELOPMENT AUTHOR- ITY FOR COLLIER COUNTY - ADOPTED Chairman Pistor noted that subject item had been dis- cussed the previous week and it had b.cn requested that the Economic Development Council provide a list of names from which the Commissioners might choose five members to serve on the Industrial Development Authority. Commissioner Brown asked that the name of James,w. Ringo be considered and requested that the committee be comprised of seven members instead of five. Commissioner Drown moved that the Industrial Development Authority for Collier County be comprised of seven members, seconded by Commissioner Wimer. Clerk Reagan asked Mr. Pickworth ii this can be done legally. Mr. Pickworth replied that the statue specifies five members; however, he suggested that the seven members be appointed and, if it is found later that this cannot be done, two of the members can be designated as alternates. The vote was taken and motion carried 3-0 with Commissioners Wenzel and Archer absent. DJCX 042 P,',~, 228 &::OK D42 p,',:, 229 June 13, 1978 Commissioner WJmer then moved thatl Ralph Carter be appointed for a term of 4 years Norman Herren " " " 4 years william Price " II " 3 years James W. Hingo " " II 3 years Walter Rogers " " II 2 years William Ryan " II " 2 years Al Roepstorff " " II 1 year. Motion was sp.condea by Commissioner Brown and carried 3-0 with Commissioners Wenzel and Archer absent. Commissioner Wimer moved for adoption of Resolution 78-94 establishing the Industrial Development Authority with the names listed above, seconded by Commissioner Brown and carried 3-0 with Commissioners Wenzel and Archer absent. * * * '" * * * * * * * * * r-- "1 ~'-'-", I ___..a 1.__. .1 June l3, 1978 J\U'l'1I0RIZlITION FOR ClIJ\IRMAN TO SIGN A RESOLt:TION REGARDING FURTHER ,r.r.REEI>tENT tlITH GAC eN ROADS IN GOLDEN GATE ESTATES AREA - DELETED FROM AGENDA Mr. Pickworth stated that a meeting is to be held the following Friday with Mr. Powell of GAC and suggested that this item be discussed at the next meeting. this item be deleted. Chairman Plator directed that ) DR. SPAGNA AND COMMISSIONER ARCHER AUTHORIZED TO ATTEND CHAM- BER OF CO"~RCE MEETING IN COSTA RICA Chairman Pis tor stated that he had written a memo to the other Commissioners asking them to rescind the decision made on May 23, 1978 to have one or more Commissionors and a Staff ~cmber attend the Chamber of Commerce meeting in Costa Rica. Chairman Pis tor asked that the Chairman be allowed to write a letter to Jack Conroy of the Chamber of Commerce thanking them fnr inviting the Commission and member of the Staff but stating that the County Commission will not be represented. Commissioner Brown asked Mr. Pickworth for his opinion. Mr. Pickworth replied that a Staff member and one Commissioner could go but sending two Commissioners was "dangerous" in re- gard to the Sunshine Law. Commissioner Brown responded that he saw nothing wrong with one or two Commissioners attending this meeting or he would never have voted for it the first time. He further stated that he would not change his vote regarding this matter. Commissioner Wimer moved that the authorization be reaffirmed to send Dr. Spagna to the leadership conference in San Jose, Costa Rica and that Commissioner Archer be requested to be the Board's official representative to report back to the Board on the. happenings there. Commissioner Brown seconded the motion. B~aK 042 Ph:' 232 'r':'3('"f B~:f: 042 P;.~;: ~ \J June l3, 1978 Mr. Pickworth asked thbc the motion be amended that Commissioner Archer would go only for the purpose of reporting back to the Board, whereupon, Commissioner Wimer replied that this was the intent of the motion. Upon call for the question, the vote was 2-1 with Chairman Piotor dissentinq and CommhsionerA Wenzel and Archer absent. Motion was carried. ADDITIONAL RACKS FOR THE SATELLITE BUILDING - APPROVED Clerk William Reagan reported that recently old Board and Court records had been moved into the Satellite Building. Twenty- five llundred dollars is needed from the General Fund, he stated, for a minimum of 18 racks to hold the records. Commissioner Wimer moved for approval of the expenditure of the funds in the amount of $2,500. for racks to hold records in the Satellite Building and asked that the proper Budget Amend- ment be prepared. Motion was seconded by Commissioner Brown and carried )-0 with Commissioners Wenzel and Archer absent. CREATION OF THE SPERLING COURT ROAD IMPROVEMENT DISTRICT - ADVER- TISING AUTHORIZED FOR PUBLIC HE^RING JULY l8, 1978 Commissioner Wimer moved, seconded by Commissioner Brown and carried 3-0 with Commissioners Wenzel and Archer absent, that crea- tion of the Sperling Court Road Improvement District be advertised for public hearing July 18, 1978. CRtATION OF THE SMUGGLERS COVE ROAD IMPROVEMENT DISTRICT - ADVER- TISING AUTHORIZED FOR PUBLIC HEARING JULY 18,1978 Commissioner Wimer moved, seconded by Commissioner Brown and carried 3-0 with Commissioners Wenzel and Archer absent, that the creation of the Smugglers Cove Road Improvement District be advertised for public hearing July l8, 1978. r- -, r-- '1 r- -1 l_._~ .1 June l3, 1978 PETITION CCSL-78-4-C BY JOSEPH R. LOCKER, JR., REQUESTING A VARIANCE IN THE CO~STAL CONSTRUCTION SETBACK LINE FOR THE PUR- POSE OF CC.4STRUCTING A MULTI FAMILY STRUCTURE ON LOTS 21 AND 22, BLOCK A, CONNOR'S VANDERBILT BEACH ESTATES, UNIT 1 _ ADVER- TISING AUTHORIZED FOR PUBLIC HEARING JULY 18, 1978. Commissioner Wimer moved, seconded by Commissioner Brown and car~ied 3-0 with Commissioners Wenzel and Archer absent, that Petition CCSL-78-4-C by Joseph R. Locker, Jr., requesting a variance in the coastal construction setbaok line for the purpose of constructing a multi-family structure on Lots 2l and 22, Block A, Connor's Vanderbilt Beach Estates, Unit l, be advertised for public hearing July 18, 1978. PETITION CCSL-78-5-C BY JOSEPH R. LOCKER, JR., REQUESTING A VARIANCE IN THE COASTAL CONSTRUCTION SETBACK LINE FOR THE PUR- PO~E OF CONSTRUCTING A MULTI-FN~ILY STRUCTURE ON LOTS IX AND X, BLOCK A, CONNOR'S VANDERBILT BEACH ESTATES, UNIT 1 - ADVERTIS- ING AUTHORIZED FOR PUBLIC HEARING JULY l8, 1978. Commissioner Wimer moved, seoonded by Commissioner Brown and carried 3-0 with Commissioners Wenzel and Archer absent, that Petition CCSL-78-S-C by Joseph R. Locker, Jr., requesting a variance in the coastal construction setback line for the purpose of constructing a mUlti-family structure on Lots IX nnd X, Dlock A, Connor's Vanderbilt Beach Estate&, Unit 1, be advertised for public hearing July 18, 1978. REQUEST FOR THE BOARD OF COUNTY COMMISSIONERS TO DEREGUI.ATE THE FRANCHISE HELD BY SOUTH FLORIDA CABLE TELEVISION _ ADVER- TISING AUTHORIZED FOR PUBLIC HEARING JULY 25, 1978 Commissioner Wimer moved, seconded by Commissioner Brown and carried 3-0 with Commissioners Wenzel and Archer absent, that the request for the Board of County Commissioners to deregulate the franchise held by South Florida Cable Tele- vision be advertised for public hearing July 25, 1978. l),:~K G42 ,.,:::: 234 ";t' . ' BjCK 042 p,~:, 235 June 13, 1978 PETTTION V-7~-19-C DY JOSEPH R. LOCKER, JR., REQUESTING A SIDE YARD SETBACK VARIANCE IN ORDER TO CONSTRUCT A CONDOMINIUM ON LOTS IX AND X, BLOCK A, CONNOR'S VANDERBILT BEACH ESTATES, UNIT NO. 1 - ADVERTISING AUTHORIZED FOR PUBLIC HEARING JULY 18, 1978 Commissioner Wimer moved, seconded by Commissioner Brown and carried 3-0 with Commissioners Wenzel and Archer absent, that Petition V-78-19-C by Joseph R. Loc)tCr, Jr., requesting a side yard setback variance in order to construct a condom- inium 0n Lots IX and X, Block A, Connor's Vanderbilt Beach Estates, Unit No.1, be advertised for public hearing July 18, 1978. PETlrION V-78-20-C BY JOSEPH R. LOCKER, JR., REQUESTING A SIDE YARD SETBACK VARIANCE IN ORDER TO CONSTRUCT A CONDOMINIUM ON LOTS 2l AND 22, BLOCK A, VANDERBILT BEACH - ADVERTISING AUTHOR- IZED FOR PUBLIC HEARING JULY 18, 1978 Commissioner Wimer moved, seconded by Commissioner Brown and carried 3-0 with Commissioners Wenzel and Archer absent, that Petition V-'l8-20-C by Joseph R. Locker, Jr., requesting a side yard setback variance in order to construct a condom- inium on Lots 21 and 22, Block A, Vanderbilt Beach, be adver- tised fOt public hearing July 18, 1978. PETITION R-78-5-I BY THE IAPC REQUESTING A CHANGE IN ZONING FROM "I-A-2" TO "I-C-3" FOR PROPERTY LOCATED IN S3, T49S, R29E, LMMOKALEE - ADVERTISING AUTHORIZED FOR PUBLIC HEARING JULY 25, 1978. Commissioner Wimer moved, seconded by Commissioner Brown and carried 3-0 with Commissioners Wenzel and Archer absent, that Petition R-78-5-1 by the IAPC requesting a change in zoning from "I-A-2" to "I-C-3" for property located in Section 3, Township 4~ South, Range 29 East, Immokalee, be advertised for public hearing July 25, 1978. June 13, 1978 J\PP,.OVAL OF SHORES AVENUE FINAL ASSESSHENT ROLL - ADVERTISING AUTHORIZED FOR PUBLIC HEARING JULY 25, 1978 Commissioner Wimer moved, seconded by Commissioner Brown and carried 3-0 with Commissioners Wenzel and Archer absent, that approval of the Shores Avanue Final Assessment Roll be advertised for publLc hearing July 25, 1978. VACATION OF SIX-FOOT INTERIOR EASEMENTS ALONG THE BOUNDARIES OF _ LOTS 1, 2, AND 3, BLOCK 206, GOLDEN GATE, UNIT 6 - ADVERTISING AUTHORI?ED FOR PUBLIC HEARING JULY 25, 1978 Commissioner Wimer moved, seconded by Commissioner Brown and carried 3-0 with Commissioners Wenzel and Archer absent, that the vacation of six-foot interior easements along the boundaries of Lots 1, 2, and 3, Block 206, Golden Gate, Unit 6, be advertised for public hearing July 25, 1978. DECISION MADE BY CONTRACTORS' LICENSING BOARD REGARDING JOHN K. WARREN - UPHELD Mr. Donald Pickworth, County Attorney, related that the decision in question is whether or not the Contractors' licens- ing Board correctly interpreted the requirements of Ordinance 78-02 when denying Mr. Warren's applioation for a Plumbing Contractors License. Mr. Warren's license was revoked in 1977 as it had been ~i3covered at that time that 68 Competency cards had been issued in error, said Mr. Pickworth. Opportunity was given to be "grandfathered" in within JO dllYs of enactment of Ordinance 75-57, stated Mr. PiCkworth, however, Mr. Warren applied several months late for his license. Mr. Warren was given a second opportunity for "grandfathering" under Ordinance 78-02, but Mr. Warren again filed the application late and the Contractors' Licensing Board had denied the application for a 8JCK 042 p,;:, 236 t~~K 042 ~~237 June l3, 1978 Plum0ing Contractors License,sdid Mr. Pickworth. Staff recommen- dation is that the deciaion of the Contractors' Licensing Board be upheld, stated Mr. Pickworth. Mr. Maynard Schryver, attorney for Mr. Warren, contended that Mr. Warren was operating under Ordinance 75-57 which states that the license shall be automatically renewable each year upon request by the contractor. He listed the events prior to the denial of Mr. Warren's application and stated that all the stipulations had been met except that the application was a few days late. Mr. Pickworth responded that this was simply a cost of negli- gence as the necessary information had been supplied to the attor- ney and Mr. Warren as to the time limits involved. Mr. Schryver contended that Ordinance 75-57 did not designate the 90 day limit, however, a copy of the Ordinance was read by Mr. Pickworth which states that there is, in fact, a 90 day limit in filing the appli- cation to he "grandfathered" in. Mr. Warren was late twice in fil- ing his applications, stated Mr. Pickworth. Mr. Siesky, Assistant County Attorney, explained that "pains" had been taken to make sure that all the contractors whose licenses were issued in error were notified. Miss Terri Kehoe, secretary for the Contractors' Licensing Board, also reported that individual notification had been sent to all of the 68 contractors whose licenses had been revoked. Mr. Siesky again responded that Mr. Warren had been given everYlopportunity to obtain his license and was simply a man , trying to avoid taking the examination required by a late appli- cation. Commissioner Wimer moved, seconded by Commissioner Pistor and carried 2-l with Commissioner Brown dissenting and Commis- sioners Wenzel and Archer absent, to uphold the action of the Contractors' Licensing Board. .' 1---' L ___.J June 13, 1978 APPEAL OF CONTRACTORS' LICENSING BOARD DECISION BY R. PETE MAZZOCCHI - WITnD~WN. After it was explained to Mr. Mazzochi by County Attor- ney Pickworth that ten years experience is necessary in tho position for which he J 01 applyinq, Class A, HARV Contracto'r, (Heating, Airconditioning, Refrigeration, Ventilation) and, as he only has five years experience, Mr. Mazzocchi withdrew his appeal. CHAIRMAN AUTHORIZED TO EXECUTE LEASE OF PROPERTY BETWEEN LESSOJ{ MRS. BLYE TREADWAY AND Bee TO PROVIDE OFFICE FOR FMHA ADMINIS- TRATOR IN IMMOKALEE. Chairman Pis tor advised that the Board i8 being requested to authorize the Chairman to execute a lease of property to provide an office for the FmHA Administrato~ in Immoka1ee. Commissioner Wimer moved, seconded by Commissioner Brown, that the Chai~man be authorized to sign the Lease between the Lessor, Mrs. Blye Treadway of Immoka1ee, and the Board of County Commissioners for property in Immok~le. which will be used to provide an office for the FmHA Administrator. Upon call for the question, the motion carried 3-0 with Commissioners Archer and Wenzel absent. BJCK 042 r.;=, 238 . ,- B~OK 042 r..:,24f Juno l3, 1978 BO~RD AUTHC~\IZES CHAIRMAN TO =XECUTE HOMEMAXER'S SERVICE APPLI- CATION FOR GRANT FUNDS, AND GtVES TENTATIVE BUDGET APPROVAL FOR TilE NINE-MONTH PERIOD OCTOBER 1, 1978 - JUNE 30, 1979 IN THE AMOUNT OF $ll,634. County Manager Norm,-n explained that the Homemaker's Service Program will be completing the three years authorized in the initial grant1 howover, an extension has been applied for and is assured, but only through the balance at the State and Federal fiscal year which means that there will be a three-month periOd of the County's fiscal year for which at this paint, there appears to be no way of funding from other sou~ces. In order to formalize the grant application, continued Mr. Norman, it is being asked tha'o the Board give tentative approval to the budget for the Home- maker's Service for the coming year in order to comply with the July 1st fiscal year for funding. ~lr. Norman stated that implicit in this, if tho ~ecision is made for approval of the stibject bud- get as part of the County BUdget, will be a budget request tor funding of the final three months. It the decision is made, sai~ ~lr. Norman, not to fund the final three months, the program will be terminated at the end of the nine-month period. Commissioner Wimer moved for tentative approval of the Home maker's Service budget for the nine-month periOd October l, 1978 through June 30, 1979, in the amount of $ll,634. The motion was seconded by Commissioner Brown. Social Services Director Martha Skinner said that at this time approval of the grant application i~ being requested in \ order to submit the application by July 1, 1978, as required. The maker and seconder of the motion ~greed to amending the motion to include approval for execution of the grant application by the Chairman. * Complete application on file , I l--I June 13, 1978 in the Clerk's office. Up~n call f~r the qu~stion the motion, as amended, carried 3-0 with Commissioners Archer and Wenzel absent. . II: * . . . * . . . * r.:OIi 042 ~=, 242 L.-' L____J _I June l3, 1975 BOARD APPROVES NEW CETA PROJECTS (Y.M.C.A. / MARCO BRANCH _ RF.CREATIO~ PROGRAM, CITY OF i.APLES/PARKS DEPARTMENT _ SUMMER RECREATIONAL PROGRAM, AND COLLIER COUNTY HEALTH DEPARTMENT _ I~~UNIZATION P~OGRAM) UTILIZING LAPSED FUNDS FROM CURRENT PRO- JECTS IN THE AMOUNT OF $lB,706.30 Chairman Pistor st..ted that a request has been reoeived from the CETA Director to start new projects utilizing lapsed funds from current CETA Projects, synopsis of said projeo~s having been furnished the Commissioners for their review. County Manager Norman reported that a change in the proposal has been requested, that being the Summer Recreational Program of the Collier County Parks Department which has been withdrawn, and should be deleted from the subject list. He said that CETA Di- re~~or James Meerpohl has advised that he 1s working with the Road and Bridge Department to substitute CETA employees for the Department employees in the road cleanup operations due to the extra workload ~n the Road Department. Commissioner Wimer moved for approval of the fOllowing new CETA Projects: YMCA/Marco Branch - Recreational $ 2,3l7.60 City of Naples/Parks Department _ Summer Recreational Program l3,425.l0 Collier County Health Department _ Immunization Program 2,963.60 f!S,706.n- The motion was seconded by Commissioner Brown and carried 3-0 with Commissioners Archer and Wenzel absent. ADDITIONAL CUSTODIAL SERVICE FOR BRANCH LIBRARIES IN GOLDEN GATE AND IMMOKALEE - APPROVED, STAFF TO PROVIDE,RECOMMENDATIONS FOR APPROPRIATE FUNDING County Manager Norman explained the need for additional [.~::K 042 p,~:::244 B~CK 042 P.;:, 245 June l3, 1978 janitorial 'ervlces ~t the new branch libraries in Golden Gate and Immokalee and recommended that the Board authorize the filling of the necessary position, or positions, and that the necessary funds, appr.oximately $2,500., be appropriated. Mr. Norman added that ho would like the opportunity to dis- cu~s the matter with appropriate staff members to determine the best way of handling the janitorial services in question. Fiscal Officer Harold Hall advised th'\t there are three alternatives available for fundinq the position, or positions, and that recommendations will be made regarding the type of funding to meet the needs. Commissioner Wimer moved to authorize approval of the additional custodial service for the new branch libraries in Golden Gate and Immokalee and that funds be made available, at the County Manager's discretion, for this purpose. Com- missioner Brown seconded the motion which carried 3-0 with Commissioners Archer and Wenzel absent. CHAIRMAN AUTHORIZED TO EXECUTE APPROPRIATE DOCUMENT GRANTING EASEMENT TO FLORIDA POWER & LIGHT COMPANY FOR EXTENSION OF POI-lER TO THE SHERIFF'S DEPARTl-IENT I S RIFT.E RANGE. Chairman Pistor directed that, if there were no Objec- tions, the matter of granting an Easement to Florida Power & Light Company for tho purpose of extending power to the Sher- iff's Department's rifle range would be taken up at this time due to the fact that subject Easement will be needed during the time, the Commission is in recess for a three-week period. There were no Objections. r.- . 1 r-'.', -.. ,J June 13, 1978 Assistant County Engineer Barksdale explained the need for the Easement, noting that when and if the road right-of- way, which would incorporate the Easement, i. dedicated, the Easement will become null and void, and will be released. Commissioner Wimer moved, seconded by Commi.s10ner Brown, 1 ' and carried 3-0 with Commissioners Archer and Wenzel absent,' that the Chairman be authorized to execute an Easement to Florida Power & Light Company for certain described property located in Section 36, Township 49 South, Range 26 East, as recommended by staff, and for the purpose indioated. * * ,. * ,. * * * * * ,. * * * BJCK 042 r;.:, 246 ,_ ----II June 13, 1978 BOARD APPROVES FINAL ACCEPTANCE OF THE NORTH NAPLES WATER C~~~RUCTURE Assistant County Enqineer Clifford Barksdale recalled th~t on April 5, 1977 the Board approved the North Naples canal and water control structure for preliminary ac~~ptance with maintenance to be provided for a period of one year by the builder. He said that the project has been inspected by the Engineering Department and has been found to be in compliance with the approved construction plan.. Commissioner Wimer moved, seconded by Commissioner Brown and carried 3-0 with Commissioners Archer and Wenzel absent, that the Board approve the final acceptance of the North Naples canal and water control structure, as recommended by the Engineering Department. Commissioner Wimer inquired if it will be the County's responsibility to kdep the canal free of weeds with Mr. Barksdale responding in the affirmative, noting that it is a continuing process. PERMIT GRANTED TO COLLIER COUNTY FAIR AND AGRICULTURE EXHI- BITION ORGANIZATION TO INSTALL A MOBI1.E HOME ON THE SWAMP BUGGY GROUNDS FOR USE AS OFFICE FOR THREE-YEAR PERIOD Zoning Director Carl Clemmer reviewed the request from the Collier County Fair and Agriculture Exhibition organiza- tion for a permit to install a 60' mobile home on the Swamp Buggy Grounds to be used as an office for a three-year period. f>lr. Clemmer read a portion of the pertinent zoning ordinance covering the subject and said that based on the provisions L~~i: 042 p,\~,24.8 r.~Cl': 042 f,;:,249 June l3, 1978 " contained therein, the permit was denied. He said that the decision is an administrative determination which does not require a public hearing, adding that if the Commissioners wish to grant the permit, he would have no objection. Commissioner Brown moved that tho subject permit b~ granted. Commissioner Pistor expressed concern over not supporting a staff decision with Commissioner Wimer commen- ting that staff was following the "letter of the law", however, based on what was read, Commissioner Wimer stated that, in his opinion, the request could be allowed, whereupon he seconded the'! motion. Mr. Clemmer said if the permit is granted it should stip- ulate that the permit is not to exceed a period of three years. The maker and seconder of the motion agreed to amending the motion to include the stipulation expressed by Mr. Clemmer. Upon call for the question the motion carried 2-l with Chairman Pistor voting in opposition, Commissioners Archer and Wenzel absent. BOARD ACCEPTS DEDICATIONS AND APPROVES THE DRAINAGE EASEMENT DOCUMENTS FOR RECORDATION RE TAYLOR ROAD Assistant County Engineer Clifford Barksdale stated that an existing drainage easement along the western ~dge of the properties abutting Taylor Road was never dedicated to the County. He s~id that to date eleven of the thirteen property owners have executed the necessary documents dedicat- ing the easement to the County. Mr. Barksdale said that w~en the other two owners have responded, those documents will be brought to the Board for acceptance. r-1 '---1 t _--' 1.._._1 June 13, 1978 Commissioner Brown moved, seconded by Commissioner Wimer and carried 3-0 with Commi3sioners Aroher and Wenzel absent, that the drainage easement documents be aooepted for record- ation with regard to certain Taylor Road propertie., a. recom- mended by staff. * * * . * . * . . . * * . . &~~l\ 042 n:z 250 t~ [,.__1 June 13, 1978 BOARD AUTHORIZES CHAIRMAN TO EXECUTE "SATISFACTION OF MORTGAGE" RELEASING CERTAIN L~LY PROPERTY POSTED AS GUARANTEE OF SUBDIVI- ~ION IMFRUVEMENTS, AND ACCE~~S IRREVOCABLE LETTER OF CREDIT WITH BARNETT BANK OF NAPLES IN THE AMOUNT OF $450,000., AND GUARANTEE BY LELY ESTATES, INC. GUARANTEEING COMPLETION OF TORREY PINES SUBDIVISION IMPROVEMENTS Commissioner WimeI moved, seconded by Commission~r Brown and carried 3-0 with Commissioners Archer and Wenzel absent,: that the Board authorize the Chairman to execute the "Satis- faction of Mortgage" releasing certain Laly property posted as a guarantee of subdivision improvements, and, to accept Irrevocable Lotter of Credit '146 with Barnett Bank of Naples in the amount of $450,000., and, also, accept the Guarantee by Lely Estates, Inc. guaranteeing completion of Torrey Pines Sub- division improvements, as recommended by County Attorney Donald Pickworth. .. .. .. .. .. * * .. * * * .. .. .. .. .. .. .. .. . .. B:C~ 042 r",~,'~6Z June l3, 1978 REQUEST FOR FUNDING POSITION OF SECRETARY I IN THE PLANNING DEPART- MENT APPROVED; FUNDING FOR BALANCE OF FY 1977-1978 - APPROPRIATED County Manager Norman advised that he initiated the request for funding the position of Secretary I in the Planning Depart- ment explaining that th6 Secretary I position, formerlv assigned to the County Manager's office, had been reassigned to the Plan- ning Department during the period when the County was without a County Manager. He sairt that the workload in his office is such that it is necessary to again fill the authorized position. Fur- ther, said Mr. Norman, to remove the position from the Planning Department at this time would work a hardship on that Department due to the work involved in the completion of the Comprehensive Plall. Therefore, said Mr. Norman, the request before the Board is to fill the position authorized for his office and to make a d~termination on what can be done about the position in the Plan- ning Department. He said that in his CAse it is not an increase in personnel but rather undoing an economy measure instituted for the interim period. Chairman Pistor suggested the possibility of obtaining a CETA employee to fill the requirement in the Planning Department, noting that the position might not be needed after the Comprehen- sive Plan is completed. Mr. Norman said that he has discussed tho matter with Dr. Neno Spagna, Director of Community Develop- ment, who emphasized that the worklo^d on the project is just beginning. Fiscal Officer Harold Hall advised that temporary funding for the remainder of the fiscal year can be appropriated, however, it is a continuing position and should be addressed as permanent. ~JOK 042 r~~, 2,68 ~Gr; 042 ,;.~, 2.G9 June 13, 1978 Commissio",er Wimer stated his agreement with Mr. Norman regarding his need for a1equate staff and the return of the position which was "farmed out". However, he expressed con- c~rn over hiring additional personnel for the Planning Depart- ment for the purposes outlined, noting that if a proposed bud- get for the Comprehensive Plan preparation is presented, he would be glad to review it and noted his desire to obtain infor- mation as to the exact cost for the project. The Commissioner also commented on the fact that, in his opinion, the Word Pro- cessing operation is not being used effectively by everyone and that he would rather see more effort put forth in this regard, fol1o':d.ng which a determination can be made as to the need for another position. Commissioner Wimer moved to deny the additional position for the Planning Department at this time. The motion died for lack of a second. Commissioner Brown, stating that to perform effectively, adequate personnel is necessary, moved to authorize the Secre- tary I position for the Planning Department as recommended, and that funds be appropriated. The motion was seconded by Chairman Pistor and carried 2-l with Commissioner Wimer vot- ing in opposition, Commissioners Archer and Wenzel absent. UTILITY DIVISION AUTHORIZED TO PURCHASE ONE PNEUMAGOPHER, IN THE AMOUNT OF $2,779., AND ONE COMPRESSOR, IN THE AMOUNT OF $8,530., FROM SINGLE SOURCE SUPPLIER, COMPETITIVE BIDS WAIVED Utility Director Irving Berzon explained the need for the tools being requested, namely a boring tool CPneumagopher), and one air compressor, stating that they are necessary in orde~ for the ~tility Division to begin making under-roadway water service , - ..--- June l3, 1978 connections. He asked that the Board authorize the waiving o! competitive bids for the ~~rchase, noting that the boring tool is a single source item, and the compressor bid is the lowest price obtained, however, it will be verified to make c. .rtain. Commissioner Wimer moved, seconded by Commissioner Browh and carried 3-0 with Commissioners Archer and Wenzel absent, that competitive bids be waived, and that the Utility Depart- ment be authorized to purchase one Pneumagopher in the amount of $2,779 from the single-source supplier, and one air com- pressor in the amount of $8,530, A8 re~ommended by the Utility Director. " RESOLUTION 78-95 AUTHORIZING ACCEPTANCE OF TITLE BY THE COUNTY WATER/SEWER DISTRICT OF SEWAGE COLLECTION LINES, TRANSMISSION FACILITIES, AND PUMPING STATIONS TO SERVE THE PINE RIDGE SEC- OND EXTENSION SUBDIVISION AREA (TRACTS A, B, ~!D C) TO BE CON- STRUCTED BY TUh COLLIER DEVELOPMENT CORPORATION - ADOPTED Utility Director Irving Berzon noted a request made by the Collier Development Corporation that the Board adopt a resolution indicating its willingness to accept title to the gravity sewer and force mains to be constructed by the Corpo- nation to sarve the North Pine Ridge Area within the Sewer Ser- vice Area "A". He explained the considerations involved and located the subject prop~rties on the map provided. Commissioner Wimer questioned the need for Paragraph five in the proposed resolution concerning the provision that the properties being served by the facility will be excluded from any additional assessments other than those related to actual connection for service. Mr. William Blackwell, representing the Collier Development Corporation, explained that the pro- vision requested for inclusion in the resolution is because the Corporation does not' want to be in a position where they B~~r. 042 rh:~2.70 '(":7f ~:;C'': 042 r;.~c: G .L , . June l3, 1978 would be payj~g more t~an once for the facilities. He said that as the North Naples area continues to grow and other facilities are needed they would not want to be part of an overall assessment scheme incurred because of this growth. County Attorney Pickworth offered the opinion that under the law concerning special assessments it states that no assessment is valid or legal unless it confers a special ben- efit on the property, therefore, the installation of facilities on adjacent streets in the future could not be assessed to the properties in question. Commissioner Wimer expressed concern that including the provi~ion under discussion in the proposed resolution might be misinterpretod as conferring speci~l protection to these pro- perty owners which other residents, such as those in Naples Park, Vanderbilt Beach, and the like, do not have. City Councilman Wade Schroeder inquired if these pro- perties would be exempt from further assessment in the event the lines had to be replaced, for example, in fifty years, because of the provision under discussion. Mr. Pickworth responded by stating th~t if what is done confers a special benefit they would be subject to Assessment in any event ~egardless of the wording. Following further discussion, Commissioner Wimer moved that Paragraph five of the proposed resolution be reworded to omit the first line, and to read as followsl "All costs incidental to obtaining and providing service connections, including system ~evelopment charges, shall be payable upon application for connection to the sewer system." Mr. Pickworth offered no objection to the motion, fol- lowing which Commissioner Brown seconded the motion which r -- rl r---' 1 June 13, 1979 carried 3-0 with Commissioners Archer and Wonzel absent. Co~nidsioner Wimer movee for adoption of Resolution 78-95, as amended, to authorize the acceptance of title by the County Water/Sewer District, to the ownership of the sewage collection lines, transmission facilities, and pump- ing stations to be constructed to serve the Pine Ridge Sec- ond ~xten8ion Subdivision Area, to be built by the Collier Development Corporation. The motion was second_d by Com- missioner Brown and carried 3-0 with Comm~ssioners Archer and Wenzel absent. . . . . * . * * * * . * . . . . . * * * * * * * * . * * mO~~m B~OX 042 r;.:z ~75 June l3, 1978 . , , RESOLUTION 7P-96 CALLING A REFERENDUM ELECTION ON THE CREATION OF AN INDEPENDENT IMMOKALEE WATER/SEWER DISTRICT _ ADOPTED, LETTER TO BE DRA}'TED FOR CHAIRMAN'S SIGNATURE URGING THAT SUF- FICIENT INFORMATION BE AFFORDED CITIZENRY AS TO PURPOSE OF THE REFERENDUM County Attorney Pick~orth explained that the Bill creating the independent Immokalee Water/Sewer District, as passed by the LegiSlature, provides that it shall become effective only upon approval in a referendum election within the District. Therefore, said Mr. Pickworth, a document has been prepared calling such referendum election which ho read for Board appro- val. He said the referendum is called tor July 27, 1978, notice of same to be published by the Clerk of the Circuit Court in both the Immokalee Bulletin and the Naples Daily News publica- tions weekly for a period of five weeks. Commissioner Wimer inquired, if the referendum should fail, if the existing District would continue in existence. Mr. Pickworth responded in the affirmative stating that no action has been taken to abolish it and that wisdom would dictate that said District should move ahead until such time as the indepen- uent district is geared up with an appointed Board of Directors and ready to take over the responsibilities. He also said that preparations for construction of the system should not be allowed to lag. It was Commissioner Wimer's suggestion that it be made known , publicly that the choice involved is whether or not the electors desire to have a system operated by the Board of County Commissioners or by a local entity in Immokalee, and not whether or not to have a system - that has already been decided. Utility Director Irving Berzon conCULreo stating that a commitment has been made and that 1__----1 L.___,j June 13, 1978 it is a question of who will be responsible for the system. Co~m~~sioner Wlmer move^, seconded by Commissioner Brown and carried 3-0 with Commissioners Archer and Wenzel Kbsent, that Resolution 78-96 calling a r.ferendum eleotion on the creation of an independent Immokalee Water/Sewer District be adopted. ) Mr. Pickworth suggested that, in line with Commissioner Wimer's comments, it might be appropriate to direct the Chair- man to writ~ a letter to those persons in Immokalee who have been instrumental in getting the public behind the passage of the Special Act informing them that the referendum is r.alled and that they have a responsibility to make sure that they i~~orm the public as to the nature of what Is being voted upon. He added that it is those indiviuua~s' task to develop a public information program, noting that the Board has had some bad experiences with the lack of good public information. Commissioner Wimer moved, seconded by Commissioner Brown and carried 3-0 with Commissioners Archer and Wenzel absent, that the Chairman be authorized to propare a letter incorpor- ating the recommendations made by Mr. Pickworth and Commissioner Wimer to the appropriate members of the Immokalee community. In response to a query by Mr. Mike Zewalk as to whether or not it will make a difference to FmHA if the system is dependent or independent, Mr. Berzon replied that the c~mmitment to the District is a firm one, adding that there is indication that it can be transferred to an independent district. B::C~ 042 ~~~, 276 --..... l... .. , June l3, 1978 POLICY COVERING THE ACCEPTANCE OF WATER/SEWER PAYMENTS AT NAPLES FEDERAL SAVINGS AND LOAN OFFICES - APPROVED Utility Director Irving Berzon prefaoed the discussion of the proposed policy covering the aooeptanoe of water and sewer payments at the Naples Federal Savings and Loan offices by stating that he would like it understood that there have been no problems encountered with either the billing or the collectin9 of payments for the North Naples Sewer Distriot. He said that it is being proposed as a service being provided by the Clerk's office for the convenience of those oustomers in the District. Fiscal Officer Harold Hall said that, following the receipt of a request made by Commissionor Wimer to have a convenient location for payment of sewer bills, a comprehensive review was made of the procedures and what could be done, including a review of the Bond Resolution for Sewer Service Area "A". When this was solidified, said Mr. Hall, the water bill- ing system was reviewed and the procedure is now ready for imple- mentation to have all water and sewer bills payable at any Naples Federal Savings and Loan office. He said by fallowing the pro- cedure, if approved bl' the Board, the people throughout the County will have a standardized approach for payment of all of their utility bills. He said that, effective immediately, a notation can be printed on the water bills stating "Payable at any Naples Federal Savings and Loan Office." Commissioner Wimer moved for approval and adoption of the procedure outlined and recommended by Mr. Hall. The motion was seconded by Commissioner Brown and carrjed 3-0 with Commissioners Archer and Wonzel absent. Commissioner Wimer expressed his gratitude to Mr. Hall and Mr. Berzon for following through with'~is request noting that it will be a convenience not only to the North Naples' customers but to all count~ wat~~~ustome~s. ~:;GK 042 r~~, ~ fS t::lY.' 042 r;,::'Z79 June 13, 1978 BOARD AUTI10RIZE1l THE UTIT,ITY DIVISION TO PROCEED WITH PLANS RE GOODLAND WATER SYSTEM, TAKING INTJ CONSIDERATION THE POSSIBILITY TIlAT TilE DELTONA CORPORATION WILL CERTIFY THAT IT WILL NOT CHARGE FOR CONNECTIONS TO THE DELTONA SYSTEM AS ONE ALTERNATIVE UtilJty Director Irving Berzon noted that thf. County Attor- ney had requested that the resolution providing for issuance of revenue bonds f0r the Goodland Water System be deleted, however, he expressed his desire to address the subjeot with additional information for Board review. Mr. Berzon said that when the Board authorized the engineers to proceed with the preparation of final plans for the Goodland Water System a few weeks ago, thero was a question raised as to whether to consider reverse osmosis or whether to further consider a connection into the Deltona system on Maroo Island. He said that it is his understanding that Commissioner Pistor has recently recuived information that the Deltona Corporation is favorably considering a connection to tho Marco system at "zero" dollars. Chairman Pistor stated that he received a call from a represen- tative of the Corporation who advised him that a letter has been forward~d from the Corporation informing the County that a deci- sian has been made to not charge for the connection to the Marco Island Utility Division for the Goodland System. That being the case, said Mr. Berzon, he would request that t.he Board authorize him to direct the engineers to proceed on the premise that, subject to the receipt of the information in writing, the connection with the Deltona system would make a more feasible alternative to the project than a reverse osmosis'pro- cess. He added that this should be coupled with the fact that the County is seriously considering the purchase of the entire Marco Island water and sewer facilities because without that intention on the County's part, the engineers probably would y----'l .l L-J L_J June l3, 1978 not be as strongly in favor of connecting to the Marco system and would, in fact, probably favor the reverse osmosis process. Commissioner Wimer moved, seconded by Commissioner Brown, that the engineers be directed to proceed with the planning of tho Goodland Water System taking into consideration t~e possibil- ity that the Deltona Corporation is not going to charge for ~6n~ nections to the Marco Island Water System for the Goodland Water System. The motion carried 3-0 with Commissioners Archer and Wenzel absent. ROUTINE BILLS - AUTHORIZED FOR PAY~! Commissioner Wimer moved, seconded by Commissioner Brown and carried 3-0 with Commissioners Archer and Wenzel absent, that the bills presented by Fiscal Officer ~arold Hall, be approved for payment as witnessed by the following warrants issued from June 7, 1978 through June 13, 19781 ~ BCC Payroll WARRANT NOS. 44839 - 45245 6261 - 6411 General Fund BUDGET AMENDMENT 78-108 TO APPROPRIATE FUNDS FOR CHANGE ORDER #5 ON FIFTH FLOOR CONSTRUCTION BY GEORGE F. KRAFT CO. IN THE AMOUNT OF $3,528. - ADOPTED Commissioner Wimer moved, seconded by Commissioner Brown and carried 3-0 with Commissioners Archer and Wenzel absent, that Budget Amendment No. 78-l08 to appropriate funds for Change Order #5 on the Fifth Floor Construction prcject by George F. Kraft Co., approved by the Board on May 23, 1978, be adopted in the amount of $3,528. b:CK 042 rl~~,280 L._....J I._...J June 13, 1978 BUDGET AMENDMENT 78-l09 TO TRANSFER MONIES AND SET UP APPRO- PRIATIONS FOR NEW C~TA TITLE VI PROJECTS THROUGH SEPTEMBER 30, 1978 lN THE AMOUNT OF $ld,706.30 - ADOPTED Commissioner Wimer moved, seconded by Commissioner Brown and carried 3-0 with Commissioners Aroher and Wenzel absent, that Budget Amendment No. 7a-109 to transfer monies and set up appropriations for new CETA Title VI Projeots through September 30, 1978, approved by the Board this date, be adopted in the amount of $l8,706.30. '* '* . . '* '* . . . '* '* . * * '* . * . * * * * * '* r.:.CK 042 rt.;,J~82 I .____ June 13, 1978 BUDGET N1ENDMENT 78-l10 TO APPROPRIATE LIBRARY FUNDS RECEIVED AS GIFTS J~ THE AMC~NT OF $1,600. - ADOrTED Commisoioner Brown moved, seconded by Commissioner Wimer and carried 3-0 with Commissioners Archer and Wenzel absent, that Budget Amendment ~o. 7a-110 to appropriate Libra~y Funds received as gifts, be adopted in the amount of $1,600. BOAW) 0i' ~(jUN-rY CU,,::." 5S 10NE~lS R E QUE S T FOR ER COU TY FLORI OA BUD GET A M E' NOM E I~ T COLL I, ,N , Nume ot Ho u'3!1tl ng O')ot. LIBRARY DSSCRIPTION AND JUSTIFICATION OF A.',IEIOO:.lE:IT REQUESTED (PropDrCl In trlpllcetll. Ono coJi', bo retained by tho requesting Oopartmen~. Forwerd orlglnel end one copy to FIscal Otfic U50 contlnuatron sheets end ettech supporting documents, If nooded) Request transfer of funds fro= general revenue revenue account 1112300 0039 39 Libr&rj" Gifts as tollows: $ 100.00 to 6212-0l-3320 1.500.00 to 62l2-01-3322 , , . The smaller Rm,ount is ~ gift tor the purchale ot period- ical subscriptions in the fields ot amateur radio and computcr science, vhile the larger amount il a consolida- tion of gifts for the purcbue ot book.. r.. Piotri DATE NT.Y. ~~NAGE~ APPROVAL (, 'n~i DATE PREPt~RED DY <rtfl S SECTION TO BE COMPLETED BY ACCOUNT ~ TO: (Increas e) 39-621201-3320 - Subscriptions 39-621201-3322 - Pubs Books $ 100.00 . 1500.00 mmr:mr FKOM: (Source of Funds) 142300 39 39 - Library Gifts $1:00.00 F'~Atj APP~VAl' BOARO-OF COUNTY CO~"ISSIONERSAPPROVAl~BUDGET A.'.:ENO/,IEI {!~A/d {...-(j.,.?6' " V<._ DATE DATE 6/13/78 I . NO.7ll-ll0 T~~ Fl~cel Officer, eftor recolpt of the ep~roved origInal from tho County ~~nDgcr, ~I' fl~~1 Izo thIs request for Boord rovlew end epp~val. FollowIng Board actIon, tho fiscal ?rA~7crtw+Jr procass zp~roJvoc Budget Am8nd~ents through AccountIng and send a copy rotl s <I us to the_rElqu.5tln~ D?p!lrtm~nt. Copy to f'urchaslng on capital equlpmant. e~c~ 042 r~,'Z84 &:lC~ 042 r,;~ '285 I ~ , June l3, 1978 BUDGET AMEND~~NT 78-l1~ TO APPROPRIATE FUNDS FOR PURCHASE OF ADDITIONAL TYPEWRITER FOR SUPERVISOR OF ELECTIONS IN THE AMOUNT OF $700. - ADOPTED r.ommissioner Wimer moved, seconded by Commissioner Brown and carried 3-0 with Commissioners Archer and Wenzel abs~nt, that Budget Amendment No. 78-l1l to appropriate funds for the purchase of an additional typewriter for the Supervisor of Elections' office, be adopted in the amount of $700. RD OF COUNTY COMMISSIONEnS COLLIER COUNTY" FLORIDA "',Kt:4ut::>1 toUK ,...8 U D GET AM END M E N T SUPERVISOP, Neme of Re uestl n Dept. OF ELECTIONS DESCRIPTION AND JUSTIFICATION OF AMENDMENT REQUESTED (Propare In triplicate. One copy to be retaIned by the requesting Department. Forward original and one copy to Flscel OffIcer. Use continuatIon sheets and attech supportIng documents, If needed) '. One IDM T,ypewriter - Model D needed for additional' peraonnal. Purchasing Dept. has said that the IBM'. will \ go lip ten porcont in Soptomber and we w111 need the type..) writer ns soon ns Possible, therefore We are requesting permission to order now. Cost will be approx. $700. --- '----'- PREPAf:W BY Edna SAn ta Supv'r DATE 6/1/78 fZMENT Z~'f.tL ?::". DATE ~-I..,1 COUNTY MANAGER APPROVAL DATE ITHIS SECTION TO BE COMPLETED BY fINANCE) ACCOUNT A/.:OUNT - TO: (Increase) Equipment 01-2440-00-4020 ~ 700.00 FROl-!: (Source of Funds) Contingencies 01-2101-00-7010 $ 700.00 VAL- An-(-f)/7J .--.,.-..--. ..--. ,., ... ~ BOARD OF COUNTY COMMISSIONERS APPROVAL BUDGET A.":~ND!,IENT DATE 6 13 78 NO. 73-111 Off Icor, aftor rocolpt of the epproved orlglnel from the County Manager, will fInalize thIs requos'~ for l30ard review and approval. Following Board action, the Fiscal rf~~TO~t~tl,u'!. procoss zpproyod Budget Amend~ents through Accounting and send a copy raflect u - to tho raquo~tlng,Dopartment. Co to Purchnsln on capital oqulp~ant. r ---- 1 y----, 1.-1 [ ___I June 13, 1978 CHAIRl-IAN AUTHORIZED TO EXECUTE CONTRACT WITH THE COLLIER COUNTY' HENTJ\L HEAL"'H CLINIC TO PROVIDE SERVICES UNDER THE ALCOHOL- RELATP.D CRIMINAL OFFENDER PROGRAM Fiscal Officer Harold Hall explained that in March, 1978, the Board received a grant from the Bureau of Criminal Justice Planning and Assistance tor the continuation of the Re~abHita- tion and Treatment Program for the Alcohol-Related Criminal Offender. One of the conditions of the grant, said Mr. Hall, is that a contract be entered into with the Collier County Men- tal Health Clinic to continue the services, and it i. recommende1' that the Board authorize the execution of the proposed contract, which has been reviewed by the County Attorney, and which is for the period January l, 1978 to August 31, 1978. Commissloner Wimer moved, seconded by Commissioner Brown and carried 3-0 with Commissioners Archer a~d Wenzel absent, that the Chairman be authorized to execute subject contract. . * * * *, . . * * * * * * * * * * * * * * * * * * * * f>~CK 042 'i,:, 286 ~ '~~ 042 ,,~~, 295 June 13, 1978 , ~ , RESOLu'rION 78-97 RE DESIGNATION OF SIGNATORS FOR COUNTY DEPOSI- TORIES - ADOPTED Commissioner wimer moved, seconded by Commi8sioner Brown and carried 3-0 with Corr~issioner8 Aroher and Wenzel absent, that Resolution 78-97 designatinq signators for County Warrants, pursuant to Florida Statute Section 136.06, be adoptod. t . . . . . . . . * * . . . . * . . . * . . . . . t.:C;< 042 r:.:, 297 June l3, 1978 CLERK WILLIAM REAGAN P~OVIDES BOARD WITH SIX-MONTH REVIEW OF SUFFICIENCY OF CONSTITU'l'IONAL Ot'FICERS' BONDS Clerk William Reagan reported that Q six-month review has been made with regard to the sufficiency of the Constitutional Officers' Bonds and, with the exception of the Supervisor of Elections' Bond, they will remain the same. He said that the subject Bond has been increased due to the inoreased responsi- bility assigned. BOARD AUTHORIZES MOVEMENT OF POWER FILES RE SUPERVISOR OF ELEC- TIONS' AND CLERK'S OFFICE AT THE SAME TIME, BUDGET AMENDMENT RE SAME TO BE PREPARED. Following Clerk William Reagan's brief explanation con- cerning the power files in his office and, also, in the Super- visor of Elections' office, and the necessity for moving same, Commissioner Wimer moved, seconded by Commissioner Brown and carried 3-0 with Commissioners Archer and Wenzel absent, that the Board authorize the movement of the aforesaid power files at the same time, as suggested, and that a Budget Amendment appropriating the necessary funds be prepared for Board review. DER PERMIT RE TIGERTAIL BEACH PROJECT - ACCEPTED, CHAIRMAN AUTHOR- IZED TO EXECUTE SAME. Commissioner Brown moved, seconded by Co~missioner Wimer and carried 3-0 with Co~~issioners Archer and Wenzel absent, that Department of Environmental Regulation Permit No. ll-83S9-SE, Serial No. 0586~, re the Tigertail Beach Project be accepted and that the Chairman be authorized to exeoute same. 0042 ,..-'305 b ~C'~ 'i. kW' June 13, 1978 THIRTY DAYS I\CCRUED GAIN TIME kEMOVAL RE JAIL INMATE '31372 - APPROVED, PENDING REViEW BY LEGAL DEPARTMENT Commissioner Wimer moved, seconded by Commissioner Brown and carried 3-0 with Commissioners Archer and Wenzel abeent, that thirty days gain time be removed from accrued gain time of Jail Inmate '3l37~, as requested by Jail Administrator Lt. Frank Hiers and approved by Sheriff Aubrey Rogers, 8L1bject to review of the matter by the County Legal Department. DISCUSSION OF REQUEST FROM COLLIER MOSQUITO CONTROL DISTRICT FOR BOARD CONSIDERATION OF AWARDING CONFISCATED AIRCRAFT TO THE DISTRICT; BOARD DIRECTS LETTER BE SlmT TO SHERIFF'S DEPART- MENT STIPULATING THAT ALL SUCH PROPERTY BE KEPT FOR USE OF OR DISPOSAL BY THE BCC Administrative Aide to the Board Mary Morgan referred to the request dated June 7, 1978 from the Collier Mosquito Con- trol District regarding their desire to obtain the title and posseRsion of a certain aircraft presently in the custody of the Sheriff's Depi'lrtment as a result of its involvement in a drug haul. Commissioner Wimer stated that he does not look favor- ably upon the request and that he would like a written request from the Board to the Sheriff's Department suggesting that all confiscated property be kept for the use of the Board, putting the suggestion into the form of a motion. The motion was sec- onned by Commissioner Brown. Deputy Chief Raymond Barnett, Sheriff's Department, stated that the case involving the subject aircraft has not been resolved'as yet. However, he said that there is a problem turnin~ such property over to the Board since the Statutes require that such property be used for law enforcement purposes. Further, said Deputy Chief Barnett, there has been some discus- sion co~cerning the possibility of having all confiscation orders written to state that, if the She~iff's Department does not want to retain possession of confiscated material, that it I..-.J I__..J June 13, 1978 will be turneo over to the Board, rather than to the State school system. He further noted that Representative Mary Ellen Hawkins will sponsor a Bill to this effect in the next legislntive session. Commissioner Wimer ~xpressed his support for the pro- posed change in procedure pointing out the faot that many of: the vehicles confiscated can be used by the County thereby saving the County thousands of dollars in purchasing C08tS. Fiscal Officer Harold Hall commented that it is the County's taxpayers' dollars to the Board of County Commissioners that pay for the operation of the Sheriff's Department involved in obtaining the items and what is being proposed will have an affect on the millage of the taxpayers who pay for the proper- ties and is the approach which should be taken. County Manager Norman advised that he has met with repres- entatives nf the Mosquito Control District, following up on the Board's directive regarding the Immokalee mosquito problem, and that he was ploased with the cooperative spirit that the ~ist~ict has exhibited. In fact, said Mr. Norman, he was in- formed by the Director that the District Board has instructed the Director to cooperate with the County Board in matters of this nature. Mr. Norman said that the question of the airplane came up and that he did not express opposition to their making the request which is probably why the letter of request was received. He said that he views the matter as a possible co- operative venture whether the aircraft remains in the name of the County or goes to the Mosquito Control District. Mr. Norman expressed his desire that the Board's position not be too nega- ~::OK 042 "A~ '3'06 BOOK ()~.~ r~~,~"()~ I ~ ! June 13, 1978 tive in terms of recognizing the needs of the control district, adding that this could be one instance where it is possible to accomplish more than one Objective. Upon call for the ~uestion, tha motion carried 3-0 with Commissioners Archer and Wenzel absent. BOARD AUTHORI~ES APPROPRIATE STAFF MEMBER TO MEET ~ITH THE CITY OF NAPLES RE FURTHER CLARIFICATION OF BAYVIEW PARK OPERATING HOURS Following brief discussion of the correspondence received trom Mayor R. B. Anderson, City of Naple~dat.d June 8, 1978 responding negatively to a request by the Board for a change in the deed restrictions regarding Bayview Park to permit fish- ermen to utilize the boat ramp at night, Commissioner Wimer moved that the Board authorize appropriate staff members to meet with City officials to explain in detail what is being re- ferred to in the request and possibly receive another response. The motion was ~econde~, by Commissioner Br.own and carried 3-0 with Commissioners Archer and Wenzel absent. REQUEST BY COLLIER COUNTY FIRE CHIEF'S ASSOCIATION TO PERMIT USE OF MORE CURRENT EDITION OF THE NATIONAL FIRE CODES - REFERRED TO BUILDING DEPARTMENT Referring to request by David L. Reeves, Acting Presi- dent, Collier County Fire Chief's Association, dated June 9, 1979, that positive action be taken by the Board to amend per- tinen~ ordinance to permit a more current edition of the National \ Fire Codes to be used as part of the County Fire Prevention Codes, County Manager Norman advised that he attended a meeting of the ASRociation the previous week and stated that he was pleased to see that the dependent and independent fire districts in the County are working together, and that there is a whole- some desire on their part to work with the County Building Depart- mcnt to improve fire prevention. Mr. Norman said that the sub- l. _.-.J L._,j June l3, 1978 ject request is a matter on which the Building Department is working - the updating of the N~tional Fire Code - and it is his recommendation, if th~re are no objeotions, that the request be referred to the Building Department. Commissioner Wimer moved, seconded by Commissioner Brown and carried 3-0 with Commissioners Archer and Wenzel absent, that the recommendation by Mr. Norman regarding the aforemen- tioned request by the Collier County Fire Chief's Association be referred to the Building Department for consideration. LIST OF DESIGNATED PAID HOLIDAYS FOR BOARD OF COUNTY COMMISSIONERS' EMPLOYEES FOR CALENDAR YEAR 1978, AS SUBMITTED BY COUNTY MANAGER _ CONFIRMED County Manaaer Norman, referring to his memorandum to the Board dated June 12, 1978 on the subject of/Employee Holiday Schedule, stated, in summary, it is his opinion that the County's Personnel Policy and Rules are somewhat difficult to understand in this regard, particularly the current year wherein Christmas falls on Monday. To clear up any misunderstanding, Mr. Norman said that attached to his memorandum is a list of hOlidays, com- piled following his interpretation of the Policy, for the current 1978 calendar year. He indicated his intention to rewrite the pertinent section of the Policy to make it more easi1y interpreted and administrated in the future and which, hopefully, can be adopted before the next calendar year. Commissioner Wimer moved for confirmation of the Designated Paid HOlidays for the Board of County Commissioners' employees for the Calendar Year 1978 as listed by the County Manager. The ll,otion was seconded by Commissioner Brown and carried 3-0 with Commissioner Archer and Wenzel absent. B)OK 042 r:,~c: '308 I , , _.J I ___I June 13, 1978 COUNTY MANAGER DIRECTED TO TAKE '~ATEVER PROCESS NECESSAn1 TO ACQUIRE NECESSARY RIGHTS-OF-WAY RE PARKER'S HAMMOCK, ANDERSON ROAD, AND EdTF.Y AVENUE, AUTHO~IZATION GIVEN FOR TEMPORARY GRAD- ING OF SUBJECT ROADWAYS IF NECESSARY Commissioner Wimer noted that there are two roads which the staff has been workil.g on to have the owners of the ri'1hts- of-way transfer same to the County 80 that the subject roads, can be i~proved by the assessment method, the roads being Parker's Hflmmock and Anderson Road. He said that there is one parson on each of these roads who refuses to dGed over the pro- perty which is holding up the projeots. He requested that the Board instruct the County Manager to td~e whatever processes are necessary to acquire the rights-of-way, also, if temporary grau1ng of the roads is necessary due to the onset of the rainy season, that this temporary grading be auth~rized. Commissioner Brown moved, seconded by Commissioner Wimer, that the proposal and authorization detailed by Commissioner Wimer be approved. Chairman Pis tor observed that there are two property owners on Estey Avenue who are holding up granting to the County the necessary rights-of-way in order to improve the bicycle paths in that area. The maker and veconderof the motion on the floor agreed to the inclusion of Estey Road in the motion, following which the motion carried 3-0 with Commissioners Archer and Wenzel absent. Commissioner Wimer expressed his hope that condemnation proceedings will not have to be taken and that it can be accomp- lished through negotiations with the property owners in question. B;)()K 042 r,~~ 310 I, . t \,--, /,..-. June 13, 1978 13. Copy of letter dated June l2, 1978 from Mrs. Martha Skinner, Director, Homemakers Service of Collier County, to Mr. Charlds Bremer, Grants Accounting, District Eight Fiscal Office, transmitting Monthly Receipt ^nd Expenditure Report for the month of May, 1978 - Filed. 14. Card dated June 6, 1978 from William T. Xepp, Naples resident, regi&tering in opposition to Costa Rica trip by any County employee or Commissioner - Filed. 15. Workshop Notice dated June 7, 1978 from DER re FY- 1979 work plan for Solid Waste Management Program - xc to Engineering Department, and filed. 16. PSC Notice of Filing of Applioation for a Certificate of Public Convenience and Necessiey re T.V.S. Truck- ing Co., Inc., and Trans-Florida Express, Inc., (for extension) - Filed. 17. PSC Notice of Commission Hea~!n9 re Application of Air Florida, Inc., for extension of Certificate, and Morgan Air Transport, Inc., d/b/a Panhandle Airways for a certificate to transport persons and property - Filed. 18. Memorandum from Fiscal Officer dated June 12, 1978 re Status Report on Receipt of Departmental Budgets for FY 1978-79 - Filed. There being no further business for the good of the County, the meeting was adjourned by order of the Chair - Timel 12128 P.M. BOARD OF COUNTY COMMISSIONERS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL f\\I;'tl'&PfT: ';)\\~hLLIl\M. J. REAGAN, CLERK (,~+ ,",. ..,,^ .' ': , I t~OK 042 ~~,'312