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BCC Minutes 07/25/1978 R '--J L.J Naples, Florida, July 25, 1978 LET IT BE REMEMBERED, that the Board of County Commissioners in and for the County of Collier, and also acting as the Governing Boardla) of such special districts as have been created according to law and having conuucted busine.. herein, met on this date at " 9:00 A.M. in Regular Session in Building "F" of the Courtho~se Complex with the fOllowing member. pre.entl CHAIfMANl VICE-CHAIRMAN I John A. Pistor David C. Brown C. R. "RuBa" Wimer 'l'homas P. Archer Clifford Wenzel ALSO PRESENT: William J. Reagan, Clerkl Harold L. Hall, ~hief Deputy Clerk/Fiscal Officerl Debbie Pantano and Edna Brenneman (1:30 P.M.) Deputy Clerks, Donald A. Pickworth, County Attorney: C. William Norman, County Manager, Irving Berzon, Utility Director: Dr. Neno Spagna, Director of Community Development: Clifford Barksdale, Assistant County Engineer, Mary Morgan, Administrative Aide to the Board: Carl Clemmer, zoning Director; Raymond Dulaney, Building Directorl and Deputy Chief Raymond Barnett, Sheriff's Department. AGENDA 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF AGENDA 4. APPROVAL OF MINUTES: None 5. PROCLAMATIONS & PRESENTATIONS OF AWARDS A. Official recognition and appreciation for continuous service: (1) Noah Morris for five years. ': ~ .\ . "'",r 'to. (2) Jose Ramirez for five year~. , , ", to I, n, ''''"''~'''''''"T'"~,""",:''''.'~~ ." 1I~,.......-","" ',. ,.J....: ~~~".....1' ,,,.~\ '-._'-' f_...,. . ~'":""'-._~-"':","i""..'__'~-~'''''.' .:~ n ~ ~ '. ., ~, ., 1.--1 July 25, 1978 FINAL AGENDA APPROVED WITH ADDITIONS/DELETIONS Per Chairman Pistor's request, Item A(2) under "County Manager's Report" was deleted and Item B under "Old Business" was added to the Final Agenda. Commissioner Brown requested discussion re provi...ing a utility house for the Immokalee Courthouse Annex be placed on the Agenda. Chairman Pistor suggested it be brou~ht up for I, discussion during the budget hearings.' Commissioner Wimer moved, seconded by Commissioner Wenzel, and carried unanimously 5/0, that the Final Agenda be approved with the additions and deletions previously mentioned. CtlAIRMAN ANNOUNCES POLICY REGARDING PUBLIC PARTICIPATION AT THE BUDGET REVIEW MEETINGS Chairman Pistor stated it had come to his attention that many peoplp are under the impression that there will be no public speakers permittod at the budget meetings. He further stated, to clarify this matter, that the public is invited to the Budget Work Sassiono but will not be permitted to speak, how~ver, they will be permitted to speak at the public hearings for the budget review. FIVE YEAR SERVICE AWARD CERTIFICATES PRESENTED TO NOAH MORRIS AND JOSE RAMIREZ Chairman pistor presented Jose Ramirez with a Service Award Certificate for five years of continuous service with the County. Mr. Noah Morris was not present to accept his award. RESOLUTION 78-113 CREATING THE KAREN DRIVE ROAD IMPROVEMENT DISTRICT - ADOPTED. REFERRED TO ENGINEERING DEPARTMEN'l' TO ESTABLISH ANOTHER ~mTHOD AND ESTIMATE REGARDING PAVING AND DRAINAGE PROBLEM Legal notice having been published in the Naples Daily News on May 16, 1978 as evidenced by Affidavit of Publication previously filed with the Clerk, public hearing was continued to consider the . ( '..I,,'.~:.' , r:' (HI'). ~H:- BOOK 042 p~~~ 517 ! ,', July 25, 1978 creation of the Karen Drive Road Improvement District. Mr. Clifford Barksdale, Adsistant County Engineer, explained that this matter had been continue~ from June 6, 1978 at which time the Engineering Department was directed to look into the extent of the drainage p~oblem in that area. He further atate~ that the Department has provided some information but he is not able to make a firm recommendation at this time regarding the creation of. a drainage improvement district and suggested the public be allowed to speak today. He further suggested the petition be denied and that he report back with a firm recom- mendation on drainage improvements an~ then create the road improvement district, possibly on an individual roa~ basis. Fiscal Offic'lr Harold Hall noted that two letters have been received, one from Mr. & Mrs. Roland Carriere and the other from Maurice and Fayette Haymaker, both letters stating they are in favor of the cre~tion of the road improvement district but at a lower cost other than what was recommended. Therebeing no persons registered to speak on the matter, Commissioner Archer moved, seconded by Commissioner Brown and carried unanimously 5/0, that the public hearing be closed. Commissioner Wenzel move~, seconded by Commissioner Wimer and carried unanimously 5/0, that Resolution 78-113 creating an improvement district for the paving of Karen Drive by the assessment ../ method be adopted. '. Commissioner Wimer move~, seconded by Commissioner Wenzel and carried unanimously 5/0, that the Engineering Department be instructed to bring back estimates for the proper paving and drainage of the ~aren Drive area. ..----., .'- ----'"1 ,- ,___ u.J July 25, 1978 RESOLUTION 78-114 RE SHORES AVENUE FINAL ASSESSMENT ROLL - ADOPTED Legal notice having been published in the Naples Daily News on June 30 and July 7, 1978 as evidenced by Affidavit of Publi- cation filed with the Clerk, public hearing was opened to consider the proposed resolution regarding Shores Avenue Final Asses8ment Roll. Assistant County Engineer Clifford Barksdale explained the Board created the Shores Avenue Distri~t on February 21, 1.978 and the work is now completed with the cost being approximately $3.78 per front foot. He further stated a letter was received concerning the "pie-shaped" lots and the assessment roll Was adjusted to average the front and rear of the two such lots and the revisod cost is approximately $3.96 per front foot. Mr. Darksdale recommended approving the revised assessment roll at $3.96 per front foot. There being no persons registered to speak on the matter, Commissioner Wenzel moved, seconded by Commissioner Wimer and carried 5/0 that the public hearing be closed. Commissioner Wimer moved, seconded by Commissioner ArCher, that Resolution 78-114 re Shores Avenue Final Assessment Roll with the revised cost of $3.96 per front f~ot be adopted. Motion carried unanimously 5/0. Commissioner Wimer noted that if any resident has a hardship, they would be permitted to work something out with the Finance Department. * * * * Ba~K O~2 ,:.~~ 52.D ~::.=-:-:~,.~~.-::...:.- '-~~~_:-:.".::;:A-7"~~-~-"~,~' ~~~ ....~~~ ',:-:.~... ;-::=....:;.-:-r:~ .; ,';-."- :~.. :--;;:-:~"T"':'"!'I7':4"" ....-...1'f"~~,...:;--~-----~:.;,;....:-::~. ~~ ~ -.--:..~;/ ~......-:n.'J.""~ &JCK 042 p:.:~5Z3 " ," ,... -.,. .. ., July 25, 1978 DISCUSSION RE PROPOSED USE OF GENERAL REVENUE SHARING FUNDS FOR FISCAL YEAR 1978-79 - CLERK TO SUMMARIZE SUGGESTIONS MADE BY THE PUBLIC TO SU~MIT TO THE BOARD FOR FURTHER CONSIDERATION Legal notice having been published in the Naples Daily News on July 14, 1978 as evidenced by Affidavit of Publication filed with the Clerk, public hp~ring was opened to consider the use of General Revenue Sharing Funds for FY78-79. FiRcal Officer Harold Hall explained that revenue sharing funds may be used for any purpose in the best interests of the citizens of Collier County but there may be no discriminatory practices with these funds. He further stated that for the past three years the revenue sharing funds have been used for road and bridge operations as well as capital construction pro- Jec~s. Mr, Hall noted that the guidelines regarding the funds stipulate that the Board must receive public input and suggestions as to how the funds may be spent. Mr. James Caruthers, Greater Naples Babe Ruth Baseball Ledgue, stated the Leaguu is the largest teenage sports organiza- tion in the Ccunty and would like to see some of the funds be used for construction of a community park, including regulation size baseball fields. He noted that there is only one lighted baseball field and that is at Fleischmann Park, wnich the City provides. Ms. Esther Koert, resident and member of Board of Directors of Gulf Coast Little Leagu~, stated that the Parks & Recreation 'j Department has been petitioning the Board for the allocation of the revenue sharing funds for the development of 20 acres in the ~ Pelican Bay area. Ms. Koert requested that the Board consider developing land in the East Naples area into a park as most of the student population in Collier County is in the East Naples area. She stated that Collier County needs a complete community park for their children. ....-.-- , l----JI '._..J July 25, 1978 Commissioner Wimer stat~d that he knows of no petition by Parks and Recreation to develop the 20 acres in Pelican Bay. He further stated he realizes the need for a community park. Mr. Joseph Podestl., Isles of Capri Fire Department, 'stated that the Board had allocated funds for the construction of a firehouse and he is now requesting funds for the purchase of a fire truck. He noted that they now h~ve to depend on either , Marco Island or the East Naples Fire Departments to meet their needs which sometimes takes as long as 20 minutes for a truck to get to the site. He further Btat~~ he is not demeaning the value of having good parks or roads but feels that the public's safety should come first. Chairman Pistor commented that the revenue sharing funds would not pay for a fire engine: that would be an item to discuss at the budget nearings. Mr. George Freiji, Isles of Capri, was registered to speak but noted that Mr. Podesta has made his request for him. Mr. Hall noted that two letters were received: one from Mr. Podesta who had just spoken, and the other from Reed Coleman, President of Isles of Capri Civic Association, also requesting the purchase of fire equipment. Mr. Hall stressed that many of the requests made by the public would most likely be taken care,of through that particular department during the budget reviews. Mr. Sam Colding, Collier County Property Appraiser, stated the rate of taxable value of the County ls up approximately 7.4% over last year which does not include a refund coming back from the State. There being no other persons registered to speak on the matter, Commissioner Wimer moved, Beconded by Commissioner Archer and carried unanimously 5/0, that the public hearing be closed. 8~~K 042 p~~~ 5l4- B:JCK 042 ,~~z 525 July 25, 1978 Chairman Pis tor directed the Clerk to summarize the comments and suggestions mQde by th~ public for the Board to take into consideration. AMENDMENT TO FRANCHISE AGREE~mNT RE BOARD OF COUNTY COMMISSIONERS TO DEREGULATE FRANCHlSE HELD BY SOUTH FLORIDA CABLE TELEVISION - ADOPTED Legal notice having been pUblished in the Naples Daily News on July 7, 1976 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider a proposed amendment to the franchise agreement held by South Florida ~able Television providing for tho deregulation of their rates. County Manager C. William Norman referred to a letter dated June 7, 1978 from the South Florida Cable Television Corp. re- questing that their rates no longer be regulated by the County as cablevision is now being considered a "non-essential service" because there are three channels available to the public by using only an outside antenna. Mr. David Shobe, attorney for South Florida Cable Television, stated the Federal Communications Commission, in 1975, recommended and revised their rules so as not to require regulation of cable television by franchising authorities and alE~ that the franchising authorities consider deregulating the rates of said companies. Mr. Shobe cited several points the FCC had determined were unintended but significant problems i~ rate regulation. ~ . Mr. Cliff Schneider, Pine Ridge Civic Association President, stated that Cablevision has repeatedly refused to serve the second extension of Pine Ridge, the third phase of that subdivision's de'/eloprr,ent, on the basis that it is not economical to serve that particular area., Mr. Schneider continued, however, that the South Florida Cable Television has put in writing they will possibly serve that area of pine Ridge by the summer of 1979, if the condition .,.--, ,- " I---fl ,. _ ..J July 25, 197B at that time merit the service. He further stated that another cable company had said it is able to provide oable service in the area. Mr. Schneider stated that on thiB basis, he is in favor of the proposed amendment providing there will be a com- petitive market from which his area can choose to provide the '. cablevision service. Mr. Shobe pointed out a letter has been received from the Radio Television Center advising him t~at they have no intention of extending th~ir cable past the limits of the franchise as South Florida Cable plans to extend into that area in 1979, as previously mentioned. Mr. Schneider commented that he would like a firm commitment from South Florida Cable stating thoy will begin construction this year to put in cablevision. Mr. Shobe commented the owner is present and that he will sign a written commitment to begin con- struction next spring and hopefully have the work completed by the summer. There being no other persons registered to speak on th~ rratter, Commissioner Archer moved, seconded by Commissioner Wenzel and carried unaimously 5/0, that the public hearing be closed. Commissioner Archer moved, seconded by Commissioner Wenzel, to adopt the amendment to Franchise Agreement to deregulate the rates of the South Florida Cable Television by the County. Motion carried unanimously 5/0. * * * * * * BJr;~ 042 Pf.~:526 July 25, 1978 * * * * * * * * * * * * RECESS: 10:10 A.M. until 10120 A.M. * * * * * * * * * * * * RESOLUTION 78-115 RE '1ACATION OF SIX FOOT INTERIOR EASEMENTS ALONG THE BOUNDllRIES OF I.OTS 1, 2, AND 3, BLOCK 206, GOLDEN GATE, UNIT 6 - ADOPTED Legal notice having been published in the Naples Daily News on July 10, 1978 as evidenced by the Affidavit of Publication f filed with the Clerk, public hearing wa~ opened to consider a proposed resolution re the vacation of six foot interior easements along the boundaries of Lots 1, 2, ~nd 3, Block 206, Golden Gate, Uni t 6. ~1r. Clifford Barksdale, Assistant County Engineer, stated that Mrs. Elizabeth Sc;neider has petitioned the Board to vacate six foot interior easements along said property to allow for construction of five duplexes on the three lots. He further stated this vacation has been reviewed by the Water Management Advisory Board with no objections received and the Engineering Department also reco~~nds approval of the proposed vacation. There being no persons registered to speak on the matter, Commissioner Wenzel moved, seconded by Commissioner Brown and carried unanimously 5/0, that the public hearing be closed. Commissioner Wenzel moved, seconded by Commissioner Archer and carried unanimously 5/0, that Resolution 78-115 re the vacation of six foot interior easements along the boundaries of Lots 1, 2, and 3, Block 206, Golden Gate Unit 6 be adopted. * * * . * &JCK.,.,042 .f:'~~.52.8, July 25, 1978 ORDINANCE 78-38 RE PETITION R-78-S-I BY THE IAPC REQUESTING A CHANGE 1:N ZONING FROM "I-A-2" TO "I-C-3" FOR PROPERTY IN S3, '1'475, R29E, IMMOKALEE - AuOPTED Legal notice having been published in the Immokalee Bulletin on June 22, 1978 as evidenced by Affidavit of Publication filed with the Clerk, pub.ic hearing was opened to consi~er a proposed ordinance re Petition R-78-S-I by the IAPC requAsting a 'change in zoning from "I-A-2" to "I-C-3" for property in 83, T47S, R29E in Immokalee. , , Mr. Carl Clemmer, Zoning Director, noted there is a typ~graphica error on the Agenda being T47S instead of T49S as on the Agenda. lie referred to the visual map to l?oint out the location of said property and reported that at the meeting of the IAPC on May 31, 1978 they recommended approval of the petition. 'I'her~ being no persons registered to speak on the matter, Commissioner Wenzel moved, seconded by Commissioner Brown and carried unanimously 5/0, that the public hearing be closed. commissioner Brown moved, seconded by Commissioner Wenzel, that the ordinance as numbered and titled below re Petition R-78-S-1 by the IAPC requesting a change in zoning from "I-A-2" to "I-C-3" for property located in S3, '1'475, R29E in Immokalee be adopted and entered into Ordinance Book No.8. Motion carried unanimously 5/0. l 1....-.- r=.: ORDINANCE ~O. 78-38 AN ORDINANCE IUolENDING ORDINANCE NO.. 74-14 THE ZONING ATLAS OF MAPS FOR THE IMMOKALEE AREA PLANNING DISTRICT A'l'LAS PAGE NO. 47-29-2 CHANGING THE ZONING CIoASSIFICA'l'ION OF THE PROPERTY HEREINBELOW DESCRIBED FROM "I-A-2" TO "I-C-J" AND PROVIDING AN EFFECTIVE DATE: BXK 042 ,:.~:.5S0 bOC/( 042 fI,~~ 531 July 25, 1978 /' I El~RGENCY ORDINANCE REZONING CERTAIN LANDS IN THE BIG CYPRESS PURCHASE AREA TO "CD" PURSUANT '1'0 COURT ORDER - CONTINUED PENDING TilE SIGNING OF COUR':' ORDER County Attorney Donald Pickworth noted the Court Order has not been signed and recommended continuing this item. Commissioner Arcl'.ar moved, seconded by Commissioner Wenzel and carried unanimously 5/0, that the proposed Emergency Ordinance rezoning certain lands in the Big Cypress Purchase Area to "CD" pursuant to a court order be continued pending said court order being signed and presented to the Board ~f County Commissioners. RECOMMENDATION REGARDING POLICY STATEMENT TO GOVERN STATUS AND USE OF SPECIAL TRUST FUND FOR PAYME~TS FROM GAC REGARDI~G PORTIONS OF GOLDEN GATE ESTATES -- CONTINUED FOR ONE WEEK Utility Director Irving Berzon stated he has prepared a draft containing material regarding said trust fund for roads in Golden Gate. Commissioner Archer suggested this item be continued for one week to allow the Board to review Mr. Berzon's draft and recommendation. Chairman Pistor directed the matter be con- tinued for one week. CLIFFORD BARKSDALE APPOINTED AS COUNTY ENGINEER WITH ADJUSTED SALARY County Manager Norman noted that approximately one year ago the Board appointed Clifford Barksdale to the position of County Engineer subject to his r~ceipt of a Florida registration as a , licensed professional engineer and that subsequent to that time Mr. Barksdale has made application and taken all required tests. County Manager Norman said that by letter dated July 20, 1978 Mr. Barksdale was advised that his registration is now final and he recommended the Board act to finalize the appointment of Mr. Barksdale as County Engineer. Commissioner Archer moved, seconded by Commissioner Brown and carried unanimously 5/0, that Clifford Barksdale he officially r---, ~ ~, July 25, 1978 appointed as County Engineer and his salary be adjusted to the appropriat~ pay grade beginn!ng next pay period. PETITION FOR VACATION OF A PORTION OF THE PLAT FOR LELY GOLF ESTATES, ST. ANDREWS EAST - ADVERTISING AUTHORIZED FOR PUBLIC HEARING AUGUST 15, 1978 Commissioner Archer moved, seconded by Commissioner Wimer ) and carried unanimously 5/0, that petition for vacation of a portion of the plat for Lely Golf Estates, St. And~ew8 EaBt be ,. authorized for advertising for public ~earing August 15, 1978. PETITION R-78-11-C BY LLOYD SHEEHAN, REPRESENTED BY JAMES NURPHY REQUESTING REZONING FROM VARIOUS ZONES '1'0 RM-2 MULTI- FAMILY AND GC, GOLF COURSE, FOR A PAR~~L OF LAND LOCATED IN S14, 15, & 22, T48S, R25E LOCATED WEST OF THE IMPERIAL GOLF COURSE _ ADVERTISING AUTHORIZED FOR PUBLIC HEARING AUGUST 29, 1978 Commissioner Archer moved, seconded by Commissioner Wenzel ~nd carried unanimously 5/0, that Petition R-78-11-C by Lloyd Sheehan requesting rezoning from various zones to RM-2 Multi- Family and GC, ~olf Course, for a parcel of land located in 514, 15, & 22, T4BS, R25E located west of the Imperial Golf Course be advertised for public hearing for August 29, 1978. rETITION R-78-l5-C BY HELEN BELL REQUESTING REZONING FROM "RS-4" SINGLE-FAMILY, TO "CI" COMMERCIAL INDUSTRIAL ON A PORTION OF LOT 38, ROSEMARY HEIGHTS SUBDIVISION LOCATED BEHIND A!)OLPHUS, INC., _ AUTIlO,<IZED FOR ADVERTISING FOR PUBLIC H3ARING AUGUST 29, 1978 Commissioner Archer moved, seconded by Commissioner Wimer and carried unanimously 5/0, that Petition R-78-15-C by Helen Bell requesting rezoning from "Rs-4" Single-Family to .CI" Commercial Industrial on a portion of Lot 38, Rosemary Heights Subdivision located behind Adolphus, Inc. be authorized for advertising for public hearing for August 29, 1978. PETITION CCSL-78-6-C AND PETITION V-78-22-C BY FRANCIS C. WEBER REQUESTING A COASTAL CONSTRUCTION SETBAC~ LINE VARIANCE AND FRONT AND SIDE YARD SETBACK VARIANCES IN ORDER TO CONSTRUCT ATTENDANT FACILITIES WITH TWO 14-STORY APARTMENT STRUCTURES AT BLOC~ A, LOTS 1 AND 2, BAKER-CARROLL POINT"UNIT 2 - ADVERTISING AUTHORIZED FOR PUBLIC HEARING FOR AUGUST 15, 1978 Commissioner Wimer ~oved, seconded by Commissioner Archer and carried unanimously 5/0 that Petition CCSL-78-6-C by Francis ::.~~i~~~~~. riji.~~&~'r.r?' '-~~~iT'~-~r~':1W~~Y~N~;n '-"1il'[{iirnr I _~_litlr~~J~~i bJOK 042. PI.:Z 533 July 25, 1978 C. Weber requesting a Coastal Construction Setback Line variance and petitio.l V-78-22-C for frent and side yard setback variances in order to construct attendant facilities with two 14-story apartment structures at Block A, Lots 1 and 2, Baker-Carroll Point, Unit 2 be author;zed for advertising for public hearing August 15, 1978. ^PPEAr, BY WILLIAM D. COLLINS, REPRESENTED BY RICHA~D LANSDALE, OF CONTRACTORS' LICENSING BOARD DECISION - DENIED County Manager Norman explained that ~illiam D. Collins had been ruled by the Contractor's Licensing Board as not having the necessary 10 years experience roquire~ for obtaining building, plumbing, electrical and roofing licenses for which he had aPt-lied. Mr. Richard Lansdale, representing Mr. Collins, sta1~d his client submitted complete applications to the CLB along with an ilffidavit signed by Glenwood Morrison which states that "during the last 10 years I have known Mr. Collins and had the opportunity to observe his skills and have found his ability comparable or better than other contractors with whom I am acquainted" along with a similar affidavit from Jim Houston, vice-president of ~ bank. Mr. Lansdale submitted the three applications to the Clerk for the record and stated that since the applications have been filled out properly along with the signed affidavits his client should be permitted the Ce~tificate8 of Competency for which.he is applying. \Mr. Raymond Dulaney, Building Director ,stated that the , O~dinance requires proof of 10 years experience in the trades for which application is being made for Certificate of Competency. Mr. Dulaney noted that there are no occupational licenses on file for Mr. Collins for such trades over the past 10 years1 however, he was working under another contractor who had the licenses in r'--'-' r-l r--', ,- ----'" l__J July 25, 1978 his name. He further stated Mr. Collins was issued a Class C Residential Contractor's License to continue to construct duplexes and single-family homes. In response to Commissioner Brown's question, Mr. Lansdale stated, his client has constructed 75 duplexes, 15 houses, and 2 commercial buildings in the past 10 years. Commissioner Brown quali fied. commented that was enough evidence to prove Mr. Collins is , , Commissioner Wimer moved, seconded by Commissioner Wenzel, thnt the decision of the Contractor's Licensing Board be upheld and Mr. Collins' appeal be denied. Motion carried 4/1, Commissioner P~~wn dissenting. WORKMEN'S COMPENSATION PROGRAM RE PARTIAL SELF-INSURANCE _ CONTINUED UNTIL AUGUST 1, 1978 County Manager Norman commented the Board received a report from E. W. Siver and Associates, Inc., recommending that the Board consider self-insurance for workmen's compensation. He noted it was also discussed what impact such a program will have on the staff as far as handling claims, conducting accident-prevention programs, etc. Mr. Norman stated the staff is not really in agreement on the report that was received and he suggested that the Board consider the matter further as it pertains to the budget. Commissioner Wenzel moved, seconded by Commissioner Wimer, that the discussion re partial self-insurance of Workmen's Compensation be continued until August 1, 1978. Motion carried unanimously 5/0. CHAIRMAN AUTHORIZED TO SIGN QUIT-CLAIM DEEDS AND TO ACCEPT AND APPROVE FOR RECORDATION QUIT-CLAIM DEED FOR REPLACEMENT RIGHTS- OF-WAY FOR ROADS LOCATED IN COPELAND County Engineer Clifford Barksdale explained the owner of the land in Copeland has requested that a property exchange be 042 ___::0.4' 8)fK. ~ BOOK 042 r~,585 July 25, 1978 mado so that the rights-of-way would match the roads as actually constructed. He noted the existing rights-of-way which the County would be relasing are 5u feetl that which is being dedicated is for a 60 foot right-of-way. Mr. Barksdale also stated a certified survey and legal description have been reviewed by the Engineering Depar~nent. Mr. Barksdale continued the owner is also requesting a small strip of land 150' x 75') which is the terminus of an existing 50 foot right-of-way as the roadway which has been extended along an existing centerline negates the need for the small strip which was apparently originally provided for a turn-around. Commissioner Archer left the meet1nq at 11102 A.M. Commissioner Brown moved, seconded by Commissioner Wenzel, that the Chairman be authorized to sign the quit-claim deeds for the above described properties and to accept and approve for recordation a quit-Claim deed for the repla~ement rights-of-way with the stipulation that the petitioner have installed survey control monuments as approved by the County Engineering Department. Motion carried unanimously 4/0, Commissioner Archer being absent at the time of the vote. * * J ; * * * * * * * 1" r--1 .-, to. .' July ~ljt '97B RESOLUTION 78-116 RE INITIATION OF $lOtOOO,OOO REVENUE BONDS (5TH AND 6'1": CENT) SECONDARY ROAD CONSTRUCTION PROGRAM - ADOPTED INCLUDING ATTACHf.lENT "A" County Engineer Barksdale stated this item was discussed last meeting in a workshop fashion and he was requeBted to bring it back today for formal action. " Commis~ioner Wimer moved, seconded by Commissioner Wen~el, that Resolution 78-116 re the initiation of $10,000,000 Revenue Bonds pledging the 80\ of the Second Gpsoline Tax be adopted. !1otion carried 4/0, Commissioner Aroher being absent at the time of the vote. . . . . . . * . . * BilDK 042. p~~~540 July 25, 1978 RECOMMENDATION TO REVISE HOURS OF OPERATION OF MOTOR VEHICLE INSPECTION STATIONS TO COMPLY WITH STATE MANDATED SATURDAY OPENING - CONTINUED UNTIL AUGUST 1, 1978 County Manager Norman explained he has discussed this issue with County Engineer Barksdale and noted the Board has I until Auqust 7, 1978 to comply with the State mandate and re- quested this item be continued until August 1, 1~78 in order for him to provide an appropriate recommen!ation to revise the hours of operation of the MVI station. * * * * * * * * * * * * At this point, Commissioner Archer returned to the meeting "t-. 11:08 A.M. * * * * * * * * 11 * 11 * Commissioner Wimer moved, seconded by Commissioner Brown, that discussion re the recommendation to revise hours of operation of the Motor Vehicle Inspection Stations to comply with State mandated Saturday openings be continued until August 1, 1978. Motion carried unanimously 5/0. RESOLUTION 78-117-A RE PETITION SDP-78-8-C BY DELTONA CORPORATION REQUESTING SUBDIVISION DEVELOPMENT PLAN APPROVAL FOR THE PROJECT LOCATED ON PART OF TRACT E OF MARCO BEACH UNIT 22 - ADOPTED WITH STIPULATIONS Dr. Neno Spagna, Director of Community Development, stated this petition is for the second phase of development of the area of Clam Bay south of Tigertail Beach and is part of a Transfer Development Right approval. Dr. Spagna referred to the map to point out the property in question. He stilted that all of the various required County agencies have reviewed and approved the petition and the CAPC, on July 6, 1978, recommended approval subject to the stipulations contained in the Agreement which the petitioner has signed. Dr. Spagna commented the staff concurred there would be a need for a 15 foot easement for beach access BJCK 0 42 Pt.:~.550 ~~~; ::":"''''~':;:-:-;:':'7::'_:'::';::::'::7.~~~~~..,,:,,!!,~''''''.-:~~..;''""'t':"'~=.~ ~~~.,:.. .'-~~~~.~~'.!~;< ~":':"'~~"'\~~.;t"~;o;:t;.. BOOK 042 r~:~ 551 July 25, 1978 running from seaview Court to the beach, however, at the CAPC mGeting, it was shown the Basement would prove more detrimental than beneficial and they did not recommend the easement be provided. He noted that several letters have been received all of which oppose the beach access. Mr. Jim Vensel, Deltona Corporation, referred to the map to point out where existing accesses are to present residents in the high-rise apartments on the beaoh. Mr. Robert Graham, Sea Breeze South resident, stated that in order for himself and others in his building to, go to the beach, it is necessary to drive and there are only approximately 50 parking places at the resident's beach. He requested a small path so that residents in his building as well as the three other complexes located near him would be able to walk to the beach near the Clam Bay project and Sunset North Condominium. He commented that he is aware of many problems encountered by the general public using that bench but stressed these are not residents of the area. Mr. Vensel responded that if a small pathway is constructed for the residents, it would not be long before the general public discovered the access and would soon be creating even more prcblems as they would be parking allover the street. He commented this would eventually become very detrimental to the neighborhood. Commissioner Wimer stated, in his opinion, it is better to provide small accesses for the resident's use only. .' Commissioner Wenzel asked if it is possible the residents I ., would be able to purchase a 4 foot strip from Deltona to provide for their own access to which Mr. Vensel replied land is not for sale by Deltona. Chdirman Pistor announced he is authorized to make public an offer by an anonymous source of $10,000 to contribute to a fund for the residents of the apartments in question if t:.ay are interested in purchasing a strip for their own access to the beach, and suggested possibly one of the beachfront properties would sell. I ~l r-'-l July 25, 1978 Mr. K.G. Iverson, residb~t of Sun.et North, spoke in opposition to any type of access to the beach on their property noting thp.re already have been numerous Inci~ent8 of lawbreakers and trespassers creating nuisances. Mrs. Mona Burke, Admiralty Houle, spoke in opposition t~ the providing of an access to the beach. Commissioner Archer moved, seconded by Commissioner Wenzel, t that petition SDP-78-B-C by Deltona Corporation requesting Sub- division Development Plan Approval for the projeot located on part of Tract E of Marco Beach Unit 22 be approved with the stipulations recommended by CAPC and the Staff and contained in tne Petitioner's Agreement. Motion carried unanimously 5/0. * * * * * * * * * . * cOOK 042 p~:~ 552 h~rK 042 rr.~;:555 July 25, 1978 PETITION PU-78-7-C BY CLAIRE GILBERT REQUESTING PROVISIONAL USE (4) OF THE RM-1A ZONING FOR A HOME FOR THE ELDERLY ON LOTS 34 AND 35, BLOCK 46, UNIT 6, NAPLES PARK - DENIED WITHOUT PREJUDICE Dr. Neno Spagna, DirectoL of Community Development, explained this is a request for the housing of up to six elderly persons on premises located on the south side of 92nd Avenue in Naples Park which consists of two l~ts of property. He further stated that the petition was reviewed by all of the required County agencies: the Planning Staff recommends approval subject to certain stip- ulations but the CAPC has recommended denial of this petition due to certain discrepancies in information provided and statements made in the public hearing and also based on the fact this case has been handled prematurely and inc~rrectly. Dr. Spagna noted there were several people at the CAPC hearing objecting to the petition. The following people spoke in opposition to the petition: Frances J. Neisleim, resident Thomas Pobuk, resident c.n. Brent, resident commissioner Archer moved, seconded by Commissioner Wenzel, that Petition PU-78-7-C by Claire Gilbert requesting Provisional Use (4) of the RM-1A zoning for a home for the elderly on Lots 34 and 35, Block 46, Unit 6, Naples Park be denied without prejudice. Motion carried unanimously 5/0. * * * * * * * * ill * * ill ill * RECESS: 12:00 Noon to 1:30 P.M. at which time Deputy Clerk Edna Brenneman replac~d Deputy Clerk Debbie Pantano. , * . ill . ill ill * ill ill ill ill ill ill . RESOLUTION 78-117 RE PETITION PU-78-l0-C BY JOSEPH VERGO REQUESTING PU 15) OF GRC DISTRICT ON LOT 12, BLOCK 83, MARCO BEACH UNIT 5 - ADOPTED PETITIONER'S AGREEMENT TO STIPULATIONS - ACCEPTED Dr. Neno Spagna, Community Development Administrator, explained the purpose of the request by Joseph Verga via Petition PU-7B-10-C is to permit the petitioner to construct an apartment unit above a commercial operation on Lot 12, Block 83, Marco Beach Unit 5, further ide~tified as being south of San Marco Road, on Barfield Drive. He C--l ~ '---A ,,-.--.-- .. July 25, 1978 said the apartment will be used as caretaker's quarters in order to safeguard the commercial activities which will be on the lower floor. The petition has been reviewed by all of'the different review agencies and departments of concern and the petition has been recommended for. approval with certain stipulations, he said. Mr. Leigh Plummer, President of the Marco Island Civic Association, voiced the Association's opposition to permitting the t construction due to the fact that a precedent might be set for such buildings and, also, the fact that the safety of the inhabitants might be a problem because of the location being in a heavily-traveled area. The petitioner, Joseph Verga, explained that the business to be conducted in the establishment is an appliance, refrigeration, air- conditioning commercial operation which would be attractive to breakins and thievery. He addressed the concerns expressed by Mr. Plummer stating that there are other commercial establishments on the Island with adjacent living quarters. It was pointed out that thes~ ~re one-story buildings and not two-story, as contemplated by Mr. Vargo. The petitioner stated that he might consider a one-story building in an effort to satisfy the MICA. The petition waR further discussed following which Commissioner Archer moved, seconded by Commissioner Brown, that Resolution 78-117 regarding Petition PU-78-l0-C requesting PU (5) of the GRC District for a residence in conjunction with a business on Lot 12, Block 83, Marco Beach Unit 5, be adopted. Following a roll call vote, the motion carried 3/2 with Commissioners Wenzel and Pistor voting contrary. The Agreement to the stipulations, as requested by the Coastal Area Planning commission and endorsed by staff, and signed by the petitioner, was accepted. BOCK 042 Pt.::: 556 800K 042 Pl.:, 561 July 25, 1978 FINAL PLAT RE BAREFOOT BEACH UNIT '1 - APPROVED WITH STIPULATIONS: WARRANTY DEED GRANTING TRACT OF LAND '1'0 COUNTY FOR PUBLIC BEACH - ACCEPTED WITHOUT RECORDATION Community Development Administrator Neno Spagna stated that Final Plat Approval is being requested for Barefoot Beach Unit #1 which he said consists primarily of the northern portion of the Barefoot Beach Planned Unit Development, locating same on the map displayed. It has been reviewed by the Engineering Department of the County, said Dr. Spagna, and it meets all of the requirements ior submission and approval set forth in the original PUD: however, there are certain conditions which should be brought to the Board's attention. Dr. Spagna read the aforementioned conditions identified as A, B, and C as contained in the Planning Department Staff report to the Board dated July 18, 1978. He said that it is the recommendation of the Planning Department, in lieu of the subject conditions, that the construction plans, constructions costs, and surety bond be approved with the stipulation that construction shall not begin until the requirement of item A, as aforesaid, has been complied with; that the final plat be approved but not for recordation until items A, B, and C, as noted, are complied with; and that the County Planning and Engineering staffs be authorized to work with the applicant to finalize the parking area/beach facility design. Commissioner Archer qfestioned why the matter could not be 'I deferred until all of the stipulations noted above have been complied with and then brought back for Board approval. Attorney George Vega, representing the petitioner, stated that one reason it is being handled in this manner is the question as to whether or not the County wishes to accept the beach property at the location contemplated, that being where it would adjoin a piece of Lee County beach. He said that if the Board desires, Lely is prepared to exchange the particular ,--, f--' July 25, 1978 property fur a more suitable ?iece of land which would better fit in with the County's park system, noting that the original property would be incorporated as part of the entrance into the Lely development. Nr. Vega pointed out tt.t the Deed to the property has been prepared ", and submitted as required in order to comply with the PUD ordinance. It was the consensus of some members of the Board that they do hot want to give "600' of beach and park to Lee County" which is essentially t what the end result would be. Mr. Vega stated that Paragraph C of the subject stipulations has been complied with, that being tre required final plat with the 1" to 400' scale. Regarding the stipulation contained in Paragraph C, Mi. Vega said that this matter concerns the easement swap with the Statc and which was being brought before the State Cabinet for final approval this date. It was Co~issioner Wimer's suggestion that the matter of park property be further discussed regarding the proper location with further negotiations to be held with the developers. And, since the deed has been submitted, said the Commissioner, if no agreement can be reached on the matter, the deed can be recorded for the property as d~scribed therein. Parks and Recrcation Director Rollie Rice voiced the opinion that the logical solution would be to try to locate the park at another site or another arrangement which would be of benefit to more citizens of the County, particularly those in the North Naples area. ~Ir. Vega commented that after the Board grants approval of the plat, it must be approved by HUD which could take a periOd of two months and requested that the Bond not begin until HUD has given its approval due to the dollar savings involved. In response to Chairman ~istor's concern that the plat cannot be approved if the park property is not accepted, Mr. Vega noted that that particular piece of property is not part of the subject plat. .~CV 04" .t..~5M ..' - .. . '.-. .... ,.,. ;......', ..,.... '.. '..".....;,_ ........,.. ,.,.. u"'~ "..., ,1."....,.,....... UL.r.......-.. -"'........-..."""_......_...,.._....._............._..~.__~.,........._...............':......~....,'~.,.-.::!..:;.4t....JI_...~.."..~....,....,w,~_ .. -':"-~-.. .:-.,..~~......--:--.~-=-...~;..--... _~.._-.f.....-~.-=~'-"".,:""tro:~)....... ..."t.l.~.....'"'t'.":;.. ~.'..:J.'''':....... f._ .,.. ",...,.....:t"...................'..CIIr~~..........,........... I'A"'-"'_~' ...' .....,...__ Ir,..~ \.JVV July 25, 1978 County Attorney Pickworth guggested that the final plat could be approved but that it not be signed by the Chairman of the Board, Lhe Engineer, the Clerk, and the Attorney until such time as the easement matter with the F~ate is straightened o~t. He said that there is no need to delay the signatures of the other appropriate County agencies or departments, such as the Health Department, and the like, since their interests have been satisfied. Commissioner Archer moved that the final plat .or Barefoot ~ Beach Unit 1 be approved with signatures to be affixed by the afore- mentioned four persons after the easeme~t. matter is cleared up: and that the condition of the pertinent bond be that said bond will start to run from the time of HUD approval. The motion was seconded by Commissioner Wenzel and carried unanimously 5/0. Warranty Deed dated July 17, 1978 between Lely Estates, Inc. and the Board of County Commissioners for certain described property to be used as a county park, was accepted by the Board, said Warranty Deed to be held by the County unrecorded, pending further negotiations between the two parties. Chairman Pistor directed that Commissioner Wimer and Mr. Rice serve as the Commission representatives r~garding recommendations to be made with regard to appropriate park property. -t' R~c"rJ-J lYl ~ P /... -r 'B., 0 k 1:1. J f'1 s. 3 '/- .:J 7. * * * * * * ... * '-1 .1 '-'1 BOOK 042 pt;;:565 July 25, 1978 BID 1307 FOR PURCHASE AND INStALLATION OF A COMPLETE SPRINKLER SYSTEM FOR THE COURTHOUSE COMPLEX - AWARDED TO PALMS IRRIGATION, NAPLES, IN THE AMOUNT OF $17,296.19 Legal notice having been published in the Naples Daily News on May 23 and 25, 1978 as ~videnced by Affidavit of publication filed with the Clerk, bids were received until June 14, 1978 for furnishing and installing a complete sprinkler system for the Government Complex. Parks and Recreation Director Rollie Rice explained the inadequacies of the present system, particularly due to the expansion of the area to be covered by the system, and the steps which have been taken to redesign a complete system ~n cover all of the properties surrounding the Complex. Discussion followed concerning whether or not some of the existing pipes and heads could be incorporated into the new system, with Mr. Rice explaining that the bid price is for a complete new system; however, he pointed out that some of the materials can be used on other properties throughout the County. Commissioner Brown moved, seconded by Commissioner Wimer and carried 3/1 with Commissioner Archer absent and Commissioner Wenzel voting in opposition, that Bid *307 for furnishing and installing a complete sprinkler system for the Collier County Government Center be awarded to Palms Irrigation, Naples, Florida in the amount of $17,296.19, as contained in the recommendation 4 of the Bid Review Committee letter dated July 7, 1978, and that the Chairman and the Clerk be authorized to sign and attest the resulting Agreement. BID nlO RE CHANGES IN PARTITIONS AND WALLS IN CLERK'S OFFICE (SECOND FLOOR) - AWARDED TO BONEN SUPPLY COMPANY, LTD., PLANT CITY, FLORIDA, IN THE AMOUNT OF' $10,995.90 Legal notice having been published in the Naples Daily News on June 15 and 20, 1978 as evidenced by Affidavit of Publication filed ('--1 .., II ,"-1 July 25, 1978 with the Clerk, bids were received until July 12, 1978 for Bid '310 for furnishing, delivering and installing movable walls and partitions for the Clerk of Courts office in Building "F" second floor. Following brief explanation of the project by Clerk Witliam J. Reagan, Commissioner Wenzel moved, seconded by Commissioner Drown and carried 4/0 with Commissioner Archer not presont at the time of , the vote, that Bid #310 for furnishinJ, delivering and installing movable walls and partitions for the Clerk of Courts office in Building "F" second floor be awarded to Bowen Supply Company, Ltd., Plant City, Florida, in the amount of $10,995.90, as contained in the recommendation of the Bid Review Committee letter dated July 13, 1978, and that the Clerk and the Chairman be authorized to sign and Clttest the res',Jlting Agreement. Mr. Reagan explained that the expenditure would be funded from Circuit Court and County Court Equipment Accounts and was budgeted in the 77-78 fiscal year. CITY COUNCIL RESOLUTION 2893 DATED 2/7/78 ACCEPTING CITY OF NAPLES TREATED WATER BULK RATE SCHEDULE AND CONDITIONS - .AFFIro~ED Utility Director Irving Berzon explained t~a reason the matter of the acceptance of the City of Naples rate schedule for treated water is being brought to the Board is due to the fact that the minutes of the Board meeting wherein the matter was discussed are not conclusive as to whether or not the Board accepted the rate schedule and conditions contained in the City of Naples Resolution No. 2893 dated February 7, 1978. Mr. Berzon questioned whether or not a formal resolution is necessary for Board adoption since basically the Board ras no choice but to accept the formula as worked out by the City, noting that a motion to accept the subject resolution would be, in his opinion, sufficient. tl~C~ JL4_2-"!f:~5.~.8"-,,~=;,;...:~c,,,,,,-:,,~~'~j:;;;::.i:.~~";~::'"::" ':':.j;.i":"..:o::::::~..:~!~:':""'..;:" ';".:~' ....-._-~_..-, -.....-~~......,..-.-._~-~~_._.,-...' ------=...-...-,. _...~ oaOI\ 042. p/.~;;567 July 25, 1978 Commissioner Wenzel moved, seconded by Commissioner Brown and carried 4/0 with Commissioner Archer absent, that the Board accept Naples City Council Res.lution 2893 dated February 7, 1978 establishing t~e rates to be charged by the City to the County for bulk rate water service pursuant to Agreement between the City and County dated October 16, 1977. Fiscal Officer Harold Hall stated thGt by accepting the rate structure the necessary authorization for payment of the bills is provided. TWO 9-5/8"WATER WELL PERMITS FOR TOTAL PETROLEUM INC. IN SECTION 33, T4iS, R29E, TO BE USED IN CONNECTION WITH OIL EXPLORATION WORK - APPROVE; Commissioner Brown moved, seconded by Commissioner Wenzel, that the request for two 9-5/8" water well permits in Section 33, Township 47 So~th, Range 29 East, requested by Total Petroleum, Inc., for thE'! purposes of oil exploration work, be approved with the following otipulations: 1. That a copy of the driller's log for each well be submitted to the County Utility Directorl 2. That a water analysis regarding water quality for each well be submitted to the County Utility Directorl 3. That the wells bd capped and plugged upon abandonment of oil exploration work: 4. That construction of the access road to the drilling site does not interrupt the surface drainage pattern of the area; and,' 5. That the site be approved by the Big Cypress Advisory Committee. Upon call for the question the motion carried 4/0 with Commissioner Archer not present at the time of thp' vote. (-""'-', r---1 ~.... ., " July 25, 1978 STATUS REPORT REGARDING UTILITY PROJECTS (GOODLAND WATER SYSTEM, ETC.) PROVIDED Bx UTILITY DIRECTOR, POSSIBLE FURTHER DISCUSSION RE SN4E FOLLOWING BUDGET HEARINGS 7/27,'78 At the request of Chairman pistor, Utility ~irector Irving Berzon responded that the proposals connected with future water and sewer projects have boen received and are now ready f~r review by \ the selection committees. He said that within the next few days he expects to meet with the first of the committees, particu1arly on the Marco Island utility evaluation, and fhllOwing the screening process it will be sent to the Board for consideration and final selec~ion. Chairman pistor said that he would like to discuss the matter f~,llowing Thursday's budget hearing, if possible. Mr. Berzon said that the project cannot go to contract until the legal matters are cleared up, noting that there is an agreement to conclude with Curcie Brothers, plus a bond validation process to go throuqh, with County Attorney pickworth suggesting that, if there are no "hitches", that the bond validation proceedings might be completed within 120-140 days~ At the request of Commissioner Brown, Mr. Ber20n explained that there are two processes in motion at the present time reg~rding the Immokalee Water/Sewer District, one being the bond validation, which has an appeal on it, and the activity with regard to establishing a dependent or independent district which will be decided by referendum in september. As the matter now stands, said Mr. Berzon, the project is out of ~he administrative engineering realm and into the legal question. Regarding changes in the project if necessary due to inflation, and the like, Mr. Berzon r~plied that there is a certain amount of judgement which can be exercised: however, if che size or scope of the project is changed to a large degree, the FmHA might have "second thoughts" and might wish to review it further. e~CK 042 Pf.~:S68 ':00K 042 rf,~;: 569 July 25, 1978 ROUTINE BILLS - AUTHORIZED FOR PAYMENT Following Fiscal Officer Harold Hall's advice that the bills being presented have been processed followinq established procedure and that funds are available, Commissioner Archer, moved, seconded by Commissioner Wenzel and carried 5/0, that the bills b& approved for payment as witnessed by the following warrants jssued from July 19, 1978 through July 25, 1978: FUND WARRANT NOS. County Warrants acc Payroll General Fund Road and Bridge 7367 - 7658 47305 36 32 BUDGET l\MENDMENT 78-123- TO TRANSFER FUNDS FOR CONTRACTED SERVICES FJ<...M THE OPS SALARY ACCOUNT RE PARKS DEPARTMENT - ADOPTED IN THE AfolOUNT OF $32,820 Fiscal Officer Harold Hall explained that the Budget Amendment being presented to the Board is to transfer funds within the Parks Department account from Seasonal Personnel to Contractual Services in accordance with the contract which the Board approved to pay for referees. He said that rather than making a large number of small payments of $12.00 or so to the large number of people involved through the payroll system under OPS, the preferred approach is under a contractual arrangement with the Collier Sports Officials Association. Mr. Hall said that the Association makes the payments under contract with the Co~nty on a per game basis. Mr. Hall explained ., further that the $32,820 involved in the Budget Amendment is for the total seasonal personnel consisting of several different types \ of activities. Commissioner Wimer pointed out that the funds do not come from ad valorem taxes but from the fees which are collected, and that the County merely acts as the banker for these funds. Commissioner Archer moved, aeconded by Commissioner Wimer and carried 5/0, that Budqet Amendment 78-123 to transfer funds in the ~~_~";":"'H" . _......t:t~~;l~-_:-_J ~ I "\';"t, r--l ow .~,__-<<..~. July 25, 1978 Parks Department from the Seasonal Personnel Account to the Contractual Services Account be adopted in the amount of $32,820. * * , t * * * * * * * * * * * * * , ,111l) ",,..r:."'o '1." .._, ,.... ......~_'"'";7. '""""" _ .' .~. .. ~~X-;,,~'.n,';lcul. ;;::.2.';:-:-:;~; ":=.:...:-':'-~~!~~::__._ '_:._'_::".._":':~'~I1J.'~. _, .::.F...... """-:",,'.:";;:^*,".~c:'=!tI>4":,......~.:,,;t_'r'.' 1.....--. ~ ...__--J July 25, 1978 CHAIID1AN AUTHORIZED TO EXECUTE ADDITIONAL CONTRACT BETWEEN BCC AND COLLIER SPORTS OFFICIALS ASSOCIATION OP NAPLES, FLORIDA . Fiscal Officer Harold Hall explained that the oontract being presented is similar to the first oontract with the Collier Sports ", Officials Association of Naples, Florida exeouted by the Board and covers the remainder of the officials for t.he games in the Naples Area and completes all of the activitir. for the pertinent programs. He said that it has been reviewed by the County Attorney, addin~ that the groups covered should have been included in the first contract. Commissioner Archer moved, seconded by Commissioner Wimer and carried 5/0, that the Chairman be authorized to execute an Rdditional contract between the Board of County Commissioners and the Collier Sports Officials Association of Naples, Florida. * * * * * * * * * * * * * eaCK 042 Pt.~i: 572. .'--' ,- ..~_.~-j July 25, 197B RESOLUTION R-78-l18 ADOPTING OFFICIAL BALLOT FOR IMMORALEE WATER/SEWER DISTRICT REFERENDUM TO BE HELD SEPTEMBER 12, t978 _ ADOPTED Commissioner Brown moved, seconded by Commissioner Archer and carried 5/0, that Resolution R-7B-118 adopting th~ official ballot for the Immokalee Water/Sewer District Referendum to\be held September 12, 1978 be adopted. ,. r . . * . * . * . . . * . . . B~C~ 042 Pt.~i: 574.- July 25, 1979 COMMISSIONERS ARCHER, BROWN AND PISTOR AND MS. JANE PAULUS AND MR. SCOTT FOSTER, REPRESENTING THE SCHOOL BOARD, APPOINTED TO PROPERTY APPRAISAL ADJUSTMENT BOARD FOR 1979, ADVERTISING AUTHORIZED FOR HEARING ON AUGUST 23-24, Commissioner Archer moved, seconded by Commissioner Wenzel and carri~d 5/0, that he, Commissioners Brown and Pistor, and Ms. Jane Paulus and Mr. Scott Foster, representing the School Board, bo appointed to the Property Appraisal Adjustment Board for 1978, with Commissioner Pistor to serve as ctairman, and that advertising be authorized for hearings to be held on August 23 and 24, 1978. MISCELLANEOUS CORRESPONDENCE - F1LED AND/OR REFERRED There being no objection, the Chair directed that the following correspondence be filed and/or referred to the various departments as indicated: 1. List of City Councilmen designated to attend BCC meetings beginning 7/25/79 through 2/5/80 - Filed. 2. Memorandum dat~d July 19, 1978 from Chairman Pistor noting his intention to attend the bond hearing meeting in New York on August 4, 1978 - Filed. 3. Letter dated July 19, 1978 from Art W. Forehand, Admin- istrator, Office of Community Medical Facilities, HRS, transmitting Certificate of Need No. 890 for Collier County with termination date of July 18, 1979 - xc to Pat Abbott, Health Dept., and filed. 4. Letter dated July 14, 1978 from "participants of the Naples Congregate Meal Program" requesting the BCC to continue providing the needed matching funds for their grant - xc County Manager, and filed. 5. Letter dated July 19, 1978 from Fred Vidzes, Basin Ad~inistrator, SFWMD - Big Cypress Basin, regarding BasJn Board's budget to include $100,000 for partial funding of construction of proposed water control structure in Lely canal and outfall canal - Filed. 6. Letter dated July 18, 1978 from Walter R. Howard, Secretary, Devil's Garden Water Control District, advising that the taxes to be levied on their behalf to the affected property owners are set at $ .34 per acre - Filed. 7. Letter dated July 21, 1978 from Frank A. Pettengill, President, Westlake Civic Association, transmitting the cost estimate for potential expenditures for the 80"'" OA.2 ....-~R,' "',.... ..'-.-.'....'......,.'..".,....-..-.. lJl\ ." .,.'....a.:ill.. .h:."'~....c.'..'.,,,CL;_,~....,...."'~.f""t.":.-,,:.A 't.o.:r't."'_' "':' July 25, 1978 18. PSC Notices re Filing of Application for a Certificate ~f Public Convenie~ce and Necessity re National Trailer Convoy, and Chemical Tank Lines - Filed. 19. Letter dated July 11, 1978 from Robert, and Barbara Allen, Naples, Florida, opposing Impact Fee Ordinance (Letter postmarked 7/19/78 - one day following the adoption of t~e ordinance) - Filed. COMMISSIONERS TO MON:TOR NAPLES CITY COUNCIL MEETINGS ON A VOLUNTEER BASIS , Following brief discussion, it wa~ the consensus of the Board that the Commissioners monitor the Naples City Council regular ~eetings on a volunteer basis and that the Administrative Aide to the Board be advised of the intention of a Commissioner to attend said meetings. It was also suggested that a request be made to the City for copies of its agendas prior to the meetings. CERTIFICATE OF EXEMPTION GRANTING EXTENSION TO BLACR, CROW & EIDSNESS FOR OPERATION OF A VEHICLE ON THE BEACHES OF COLLIER COUNTY - APPROVED Administrative Aide to the Board Mary Morgan explained that a request has been received to grant an extension to the Certificate of Exemption for the operation of a vehicle on the beaches of Ccl14er County to the firm of Black, Crow & Eidsness, Inc. due to the fact that said firm has not yet completed the work undertaken. She noted that Environmental Consultant Dr. Jay Harmic approves the extension. Commissioner Archer moved, seconded by Commissjoner Wimor, that the subject extension be granted, and that the staff be directed to comply with the ordinance covering the matter whereby permits can be issued for worthwhile uses without their being brought to the Board for approval. Upon call for the question the motion carried 5/0. The Chair directed that the duration of the extension be negotiated with the firm by staff members. * * * * * * * * * * * B~CK 042. P!.:~ 578 ..._-~_.. '.~-'- .." - ...-.... -.-.... July 25, 1978 PROPOSED SALARY INCREASE FOR COUNTY HEALTH DIRECTOR - REFERRED TO FISCAL O:FICER FOR INVESTIC\TION Administrative Aide to the Board Mary Morgan stated that a memorandum dated July 20, 1978 has been received from Gunnard J. Antell, M.D., Directc= of County Health Department regar.ding additional budget allotment for Health Director's salary which she said has been referred to the Fiscal Officer for investigation ~f the matter. , t REQUEST TO PLACE A STRAW VOTE RE EQUAL RIGHTS AMENDMENT ON THE NOVEMBER, 1978 BALLOT - DENIED Administrative Aide to the Board Mary Morgan noted the receipt of a memorandum from Representative Mary Ellen Hawkins dated July 24, 1978 requesting the County Commissions of the five counties within the 89th District to place upon the general election ballot a straw-vote question as to whether or not the voter favors ratification of the Equal Rights Amendment. ~~s. Morgan said the request is being made to enable Ms. Hawkins to express the will of her constituents regarding the matter. Commissioner Archer moved, seconded by Commissioner Wenzel, that the request be granted regarding the placement of a straw-vote question on the November, 1978 general election ballot. Upon call for the question, the motion failed 2/3 with Commissioners Wimer, Wenzel and Brown voting in the negative. APPLICATION FOR COMMUNITY SERVICES TRUST FUNDS TO BE UTILIZED TO ASSIST IN THE OPERATION OF GOLDEN GATE AND IMMOKALED DAY CARE CENTERS - APPROVED Administrative Aide to the Board reported that a Bulletin has been received from the Department of Community Affairs indicating that Collier County is entitled to $8,126 of the funds set aside in the Community Services Trust Funds. Mrs. Morgan stated that in the past these funds have been utilized to assist in the operation of Day Care Centers in Golden Gate and Immokalee. BOOK 042 /'f,:~580 "'~- ..1._--1......;. .,...:.a.~' __r:. ~_~".~~"~.::~~.~~'-~~:...., .... <ftJ~;..:, ~ ,--'~~"":~~"".~";"~i.:.:",.;"1-a\?';;:~-~~~..!~~:'''''-: t:'".-r:."-=,"'~'_;;""-- B'~:J( 042 1't.:;;581 July 25, 1978 Commissioner Archer moved, seconded by Commissioner Wimer and carried 5/0, that the staff be directed to prepare an application for Community Services Trust Funds and that said funds be utilized to assist in the operation of the Golden Gate and Immokalee Day Care Centers. FUNDS FOR THE UPKEEP OF THE FISHING REEF'S LOCATION MARKERS TO BE INCLUDED IN FY 78-79 BUDGET FOR FURTHER CONSIDERATION Administrative Aide to the Board Mary Morgan reported that a request has been received from CharleB M. Courtney, Director, Marco Applied Marine Ecology Station, Marco Island, Florida for the Board to consider budgeting funds for the upkeep of the fishing reef's location markers. Following brief discussion, it was the consensus of the Board that the funds be included in the bUdget for consideration and, if necessary, deleted later. BOARD ADVISED THAT NAPLES CITY COUNCIL WILL TAKE UP THE MATTER OF ~lIIKING A DECISION ON "DOUBLE TAXATION" ITEMS AT 8/1/78 1-1EETING Administrative Aide to the Board Mary Morgan stated that a letter has been received from Mayor R. B. Anderson, City of Naples, in response to the Chairman's letter of July 13, 1978 regarding "Duplication of Services ..:ssue" aml that the matter will be taken up with City Council at the Council's regular work session August 1, 1978. . . * * * * * There being no further business for the good of the County, the meeting was adjourned by order of the Chair - Time: 3:15 P.M. .- . * * * * * BOARD OF COUNTY COMMISSIONER/EX OFFICIO GOVERNING BOARD (S) OF SPECIAL DISTRICTS UNDER ITS CONTROL R.~~ ,\TTEST: WILLIAN Pistor, Chairman r~ rl r:J, " "''''''' '-".'r.":.":""-