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BCC Minutes 08/01/1978 R ld_J . .._____ J Naples, Florida, August 1, 1978 LET IT BE REMEMBERED, that the Board of County CommiRsioners in and for the County of Collier, and also acting as the Governing Donrd(s) of such special districts as have been created according to law nnd having conducted business herein, met on this date at 9:00 A.M. in REGULAR SESSION in Building "F" of the Court~~use Complex with the following members present: CHAIRMAN: John A. Pistor VICE-CHAIRMAN: David C. Brown C. R. "Russ" Wimer Thomas P. Archer Clifford Wenzel ALSO PRESENT: William J. Reagan, Clerk (10:15 A.M.11 Harold L. Hal). Fiscal Officer/Chief Deputy Clerkl Edna Brenneman, Deputy ~:erk: C. William Norman, County Managerl Donald A. Pickworth, County Attorney; Irving Berzon, Utility Directorl Clifford BarkSdale, County Bngineer; Neno Spagna, Director of Community Developmentl Carl Clemmer, Zoning Director; Mary Morgan, Administrative Aide to the Board; and Willinm McNulty, Sheriff's Department. AGENDA BOARD OF COU~TY CO~~ISSIONERS FINl.L AGENDA August 1, 1978 HI::QUE~'fS '1'0 ADDRESS THE BOARD OF COUNTY COMMISSIONERS, \'iIlICIl ARE NOT ON TillS AGENDA, HILL BE HEARD AT IIIA.M. 1. I NVOCA'l'ION 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF AGENDA 4. APPROVAL OF MINUTES July 11, 1978 S. PROCLAMATIONS & PRESENTATION OF AWARDS 6. ADVERTISED PUBLIC HEARINGS L' A. Petition V-78-l7-C by \'1illiam D!llender, rElCJuesting a variance to permit the construction of a guest house larger than permitted in S4-T51S, R26E, located on Price Street in East Naples. (Zoning) D. Emergency Ordinance rezoning certain lands in the Dig Cypress purchase area to CD pursuant to court order (continued from 7-25-78) ~M~ . 042 ".:7085 m~ 042 rl.:: 588 August 1, 1978 lO. UTILITY DIP.ECTbR'S REPORT A. Consultant selection reports. (1) County \'later Supply Treatment & Transmission System. (2) Capri \'later S"stem - Engineering Appraisal and Evaluation. (3) Marco Island Water-Sewer - Engineering Appraisal and Evaluation. B. Sewer Area "A" - Sewage Treatment Plant - Final Accep~ance and payment of contractor. ll. CLERK OF THE BOARD I S REPORT 12. BOARD OP COUNTY CON.NISSIONER'S REPOr.1'r A. Recommendation for s~gnin9 of maintenance contract with Digital Equipment Corp. for county computer. B. Approval and signing of annual contract (FY-1978-79) for the special Assistant State ^ttorn~y to prosecute viola tins of both City and County Ordinances. 13. mSCELLANEOUS CORRESPONDENCE 14. NEW BUSINESS A. Discussion of the 5 year Capital Improvement Program. IS. ADJOURN AGENDA - APPROVED, I Commissioner Wimer moved, seconded by Commissioner Archer and carried 5/0, that the agenda be approved as submitted. MINUTES OF JULY ll, 1978 - APPROVED AS PRESENTED Commissioner Wimer moved, seconded by Commissioner Archer and carried 5/0, that the minutes of July 11, 1978 be approved as presented. r---l ...---, r--, August 1, 1978 PETITION V-78-l7-c BY WILLIAM DILLENDER REQUESTING A VARIANCE TO PEru1IT TilE CONSTRUCTION OF A GUEST HOUSE LARGER THAN PERMITTED IN 5-4, T~lS, R~6E, LOCATED ON PR1~E STREET IN EAST NAPLES - DENIED Legal noti~e having been published in the Naples Daily News on July 14, 1978 as evidenced by Affidavit of Publication filed with the Clerk, public hearing war opened to consider Petition V-78-17-C by liilliam Dil1ender requesting a variance to permit the construction of a guest house larger than permitted in Section 4, Township 51 South, Range 26 East, located on Price Street, East Naples. Zoning Director Carl Clemmer explained that under present zoning a guest house may be constructed on the property but that it cannot exceed 40% of the floor area of the main dwelling - in this case a secondary residence of 550 square feet can be built. The proposed guedt house, said ~Ir. Clemmer, is for a building of BOO square feet which seems excessive for the intended use. He said that there are many non-conforming uses in the subject neighborhood and the staff does not wish to crecte a rash of variance requests. It is the recommenda- tion of the staff that the petition be denied and that the petitioner construct a 550 square foot guest house. The petitioner, William Dillender, explained that it is his desire to construct a two-bedroom two-bath guest house in order to have space for live-in care. for his elderly mother-in-law. As was pointed out by Mr. Clemmer, Mr. Dillendor stated that the plan is the same as the one for which a permit was granted'in 1972 but which was permitted to expire due to economic reasons, noting that the zoning requirements have since been changed. Chairman Pistor commented that the proposed use of the property could be changed in the future in the event the land is sold with the two properties on it, in which event one house could be rented out and would create problems in that particular residential area. He further explained that the ordinance was written because the public requested it and that the public approved it. mO~~~ b"~ 042 r/.~: 590 August 1, 1978 It wa~ suggested that if the petitione~ enlarged the main house, he would be permitted to construct a larger guest house. There being no persons registered to speak on the matter, Commissioner Archer movc1 that the public hearing be closed. The motion was seconded by Commissioner Wimer and carried 5/0. Commissioner Archer moved to accept the recommendation of staff that Petition V-78-l7-C by William Dillender requesting It variance to permit the construction of a g~est.hou.e larger than permitted in Section 4, Township 51 South, Range 26 East, be denied. The motion was seconded by Commission~r Wimer and carried unanimously 5/0. EMERGENCY ORDINANCE 78-79 REZONING CERTAIN LANDS IN THE BIG CYPRESS PURCHASE AREA TO "CD" PURSUANT TO COURT ORDER-DELCARED EHERGENCY, AND ADOPTED County Attorney explained that the proposed ordinance being presented for Board action is to rezone certain lands in the Big Cypress purchase area, said rezoning having been mandated following un nppeal filed in circuit court by the purchasers of subject ploperty. Attorney Pickworth reviewed the background of the parcel of land involved in the proposed ordinance stating that the land was purchased for the purpose of constructing a campground - a provisional use in "A-2" zoning category. The purchasers expended possibly $60,000 to $70,000 for various engineering studies, and the like, having paid possibly $750,000 for the land, however, under the permit granted the provisional use expired since the purchasers were not ready to make improvements to the ground at the end of six months and did not request an extension. In the lawsuit which was filed, the courts did not feel this point was significant and, therefore, ordered a rezoning of the land to a zoning classification which would permit campground use. '-'--1 ...---, ,----., August 1, 1978 Mr. Pickworth stated that what is happening is that the property involved is located in the Big Cypress area which is being acquired b~ the National Parks who is purchasing the land on the basis of the zoning on the property and that in this instance, as well as a few other, steps are being taken to use th€ land for higher classification than "A" Agriculture and will be paid accordingly. Commissioner Wenzel inquired if the matter could be appealed in a higher court with Mr. Pickworth replying that it could be appealed but, in his opinion, the matter would no end up any differently. He said that one court has already found that the purchasers have made substantial expenditures and he does not believe that any court will allow the owners to be paid a lower price. It was noted that there were no persons present expressing a desire to speak on the matter. Commissioner Wenzel moved that an emergency exists due to the mandate by the court and that the Ordinance to rezone certain land in the Big Cypress purchase area to "CD" be adopted. Commissioner Wimer seconded the motion which carried unanimously 5/0. Whereupo the Ordinance as numbered and titled below was adopted and entered in Ordinance Book No.8. ORDINANCE NO. 78-~ '-- AN ID1ERGENCY ORDINANCE REZONING CERTAIN LANDS IN THE BIG CYPRESS PURCHASE AREA TO CD-CAHPGROUUD PURSUANT TO COURT ORDER AND PROVIDING AN EFFEC- TIVE DATE. &~C~ 042 rf.~:: 591 ~2~~ 042 P'.~~ 592 August 1, 1978 RESOLUTION 78-118 RE POLICY STATEMENT TO GOVERN STATUS AND USE OF "SPECIAL TRUST FUND" FOR PAYMENTS FROM GAC IN LIEU OF REQUIRED IMPROVE MENTS IN PORTIONS OF GOLDEN GATE ESTATES - ADOPTED AS AMENDED Utility Director Irving Berzon explained that the proposed resolution has come about as the result of the monies received from GAc in lieu of some improvements to roads in parts of the Golden Gate Estates area and that it states the reasons why the monies were accepted and the reasons why the monies should be kept intact, as agreed upon at the time the monies were acceptea. The resolution also resolves what can and should be done with the funds and what should not be done with the funds, said Mr. Berzon. Commissioner Archer inquired if, by ":'umping" the $300,000 payment together with the $1,080,000 payment into one trust fund, ~here would be any violation of the agreement made regarding the $300,000 sum. Hr. Berzon replied that, to his knowledge, there will not be, noting that the original agreement deals with the trust fund arrungement uS well. Discussion followed concerning the earnings accrued in the fund with Mr. Berzon stating that the earnings will be plowed back into the trust fund to accumulate until such time that the Board adopts a policy for either redeveloping or going ahead with the existing facilities. Hr. Pickworth suggested that Paragraph 3 o{ the proposed resolution should be reworded ~o state "The funds and earnings shall not be used in a 'piece meal' manner to . . . Another suggested rewording, said Mr. Pickworth, is in Paragraph 1 which should read "All funds received from GAC, Inc. in lieu of improvements and maintenance Mr. Hall requested that the last word in Paragraph 1 should read "account" instead of "fund". Mr. Hall asked specifiCdlly if the funds received for roads could be used for canals, and the funds received for canals could be used for roads, and received an affirmative answer from the Commission and the County Attorney. Mr. Hall pointed out that, according to ~1 r---, , -.... 1 August 1, 1978 the Resolution, no payments can be made with these funds prior to completion of the Golden Gate Estates Redevelopment Study. Commissioner Wimer moved, seconded by Commissioner Archer and carried 5/0, that Resolution 78-118 regarding policy statement to govern status and use of "Special Trust Account" re payments from GAC be adopted, as amenued. . . . . . . . . . . * * * * * . BOCK 042 r~=z 593 B~'~ 042 r/.~: 596 August 1, 1978 CHAIRMAN ANNOUNCES SCIIEDUL.~ FOR BALANCE OF FIRST ROUND OF BUDGET REVIEWS BY THE BOARD, ALSO, CANCELLATION OF REGULAR MEETING OF AUGUST 8, 1978 chairmun Pistor announced that the first round of work sessions on the budget will (~ntinue with an all-day seasion August 2, 1978 and a half-day session on August 3, 1978. He said that there will be no Regular Meeting of the Board on Tuesday, August 8, 1978, and that the discussion with respect to the ambulance service will be on Thursday, August 10, 1978, said session to continue through the balance of the day with the hope that the first round of hearings can be concluded that afternoon. Continuing, Chairman Pistor said that during the week of August 14, 1978 the second round of work sessions will be held and that the public will be permitted to participate with, hopefully, constructive suggestions regarding the budget. The date of the public hearing for the final budget will be decided by the end of the week of August 14, 1978, said the Chairman. Chairman Pistor commented that he is sorry that the public has not been in attendance to learn the workings of the various departments so they would have an understanding of why it costs so much money to run the County government, noting that the Board is doing its best to keep the budget ~n line with what the taxpayers want. Chairman Pistor requested that the above schedule with regard to the budget hearings be pUblished, noting the presence of members of the news media. PRTITION CcSL-78-7-C BY SURETY CONSTRUCTION COMPANY REQUESTING A COASTAL CONSTRUCTION SETBACK LINE VARIANCE FOR LOTS 47 AND 48, BLOCK VANDERBILT BEACH SUBDIVISION - ADVERTISING AUTHORIZED FOR PUBLIC HEARING AUGUST 22, 1978 Commissioner Archer moved, seconded by Commissioner Wenzel and carried 5/0, that Petition CCSL-78-7-C by Surety Construction Company requesting a Coastal Construction Setback Line variance for Lots 47 and 48, Block A, Vanderbilt Beach Subdivision, for the purpose of r- '1 rl ,"'1 August l, 1978 constructing a swimming pool and deck, be advertised for public hearing August 22, 1978. PETITION V-7B-15-C BY C. A. MURPHY REQUESTING A 10' SETBACK VARIANCE FOR LOTS 1 AND 2, BLOCK A, CONNORS VANDERBILT BEACH ESTATES - ADVER1 AUTHORIZED FOR PUBLIC HEARING AUGUST 22, 1978 Commissioner Archer moved, aeconded by Commissioner Wenzel and carried 4/1 with Commissioner Wimer dissenting, that Petition V-78-1 by C. A. Murphy requesting a 10' Setback Variance for Lots 1 and 2, Block A, Connors Vanderbilt Beach Estates, so that a swimming pool and raised planter may be constructed for Broadmoor Condominium, be advertised for public hearing August 2?, 1978. PETITION SMP-78-S-C BY ROBERT STACKPOLE REQUESTING SUBDIVISION MASTE PLAN APPROVAL FOR RIVERWOOD EAST, LOCATED IN SECTION 10, T5lS, R26E ADVERTISING AUTHORIZED FOR PUBLIC HEARING AUGUST 22, 1978 Commissioner Archer moved, seconded by Commissioner Wenzel and carried 5/0, that Petition SMP-78-5-C by Robert Stackpole requesting Subdivision Master Plan approval for Riverwood East, located in Section lO, Township 51 South, Range 26 East, be advertised for publ hearing August 22, 1978. PETITION TO VACATE SOUTH 6 FOOT EASTMENT OF LOT 18, BLOCK IBB, GOLDE GATE UNIT 6 RE GARY & DIANNE NICKELL - ADVERTISING AUTHORIZED FOR PUBLIC HEARING AUGUST 22, 197B Commissioner Archer moved, seconded by Commissioner Wenzel and carried 5/0, that Petition to vacate the South 6 Foot Easement of Lot 18, Block 188, Golden Gate Unit 6, re Gary and Dianne Nickell, be advertised for public hearing August 22, 1978. FINAL PAYMENT TO CITY OF NAPLES FOR INSTALLATION OF FIRE HYDRANTS RE FLAMINGO ESTATES - APPROVED Following County Engineer Clifford Barksdale's recommendation, Commissioner Archer moved, seconded by Commissioner Brown and carrie, 5/0, that the Board authorize final payment to the City of Naples fo: the installation of the fire hydrants in Flamingo Estates in the amOl of $668.07. B~~~ 042 f/.~ 597 B0~~ 042 fl.:: 588 August 1, 1978 FINAL PAYMENT TO CITY OF NAPLES FOR THE INSTALLATION OF FIRE HYDRANTS RE GUILFORD ACRES - APPROVED Following County Engineer Clifford Barksdale's recommendation, ,Commissioner Archer moved, seconded by Commissioner 3rown and carried 5/0, that the Board authorize final payment to the City of Naples for the installation of the fire hydrants in Guilfor~ Acres in the Amount of $128.26. DOARD AUTHORIZES APPROPRIATION OF $2,500 FROM GENERAL FUNDS CONTINGENCY ACCOUNT FOR ERECTION OF SIGNS PURSANT TO ENLARGEMENT OF "NO DISCHARGE OF FIRE ARMS" ORDI~ANCE County Engineer Barksdale recalled that in June the Board approve an ordinance amending the "No Discharge of Fire Arms" Ordinance to enlarge the area and that the staff was directed to report back for recommendations for funding the cost. He said that it is being re- quested that the funds be made available from the General Fund Canting Account rather than the Road and Bridge Budget due to the fact that the signs involved have nothing to do with that Department'u tunction~ Commissioner Wenzel suggested that if there was a rifle range open to the public it might cut down on the indiscriminate shooting activities. Commissioner Archer pointed out that the proposed range could only be used by authorized personnel for sec~rity reasons; however, he said that the American Rifle and Pistol Association is proposing a range somewhere close to the area which will be open to the public if the plan materializes which, in his opinion, is a good idea. Commissioner Wimer moved, seconded by Commissioner Wenzel and carried 5/0, that the request for funding, as recommended by ~Ir. Barksdale, be approved in the amount of $2,500, said funds to be appropriated from the General Fund Contingency Account. ". . r-'1 .--, f-----l August 1, 1978 BOARD APPROVES STAFF RECOMMENDATION FOR REVISIONS TO HOURS OF OPERATION OF MVI STATIONS TO COMPLY WITH STATE-MANDATED SATURDAY OPENING; STAFF DIRECTED T0 RESEARCH STATUTES nE QUESTION OF BCC ADOPTION OF OrERATING HOURS RE SAME County Engineer Darksdale explained that, to comply with the State', mandate that one MVI station within the County be open on full day on Saturday, it is his recommendation that the station in Immokalee be open on Saturday and closed Monday. He said that there would be no increase in the operating costs of the station, noting that the Inspector has agreed to work on Saturdays. Mr. Barksdale stated that there has been a change in the proposed operating hours for the Naples station from the schedule previously submitted. The recommenna- tion, said Mr. BarkSdale, is for the Uaples MVI station to be open from 8:ls A.M. until 5:00 P.M. for weekdays and 8:15 A.M. until l2:00 noon on Saturdays. This can also be done without any increase in operating costs, said Mr. Barksdale, due to the availability of funds set aside for overtime and part-time employees in the event it was needed on "heavy" days. Commissioner Brown moved, seconded by Commissioner Wenzel, that the operating schedule recommended by Mr. Barksdale be approve~. The motion carried 5/0. Discussion followed concerning the necessity of the Board having to approve such matters since there were no budget changes inVOlved, with Commissioner Wimer pointing out that it is an administrative matter involving adjustments to employee's work schedule. The staff was directed to research the matter with regard to whether or not the Statutes state that the Board must adopt the operating hours of the Motor Vehicle Inspection Stations. BOARD APPROVES DATE OF AUGUST 29, 1978 FOR HEARING PRESENTATIONS BY CONSULTANTS RE MVI STATION AND SOLID WASTE TRANSFER STATION AND FOR THE SELECTION OF THE '1, '2, AND '3 FIRMS Commissioner Wimer moved, seconded by Commissioner Archer and carried 5/0, that the Board establish the date of Aug 29, 1978 BOOK 042 r~:~ 599 B~~K 042 f/.~~600 August 1, 1978 for hearing presentations (15 minute duration) by the fivQ firms who have expressed an interest in being considered for the new Motor Vehicle Station and the new Solid Waste Transfer Station, and for the selection of the 01, '2 and 13 firms, as recommended by County Engineer Barksdale. BOARD APPROVES ACCEPTANCE AND RECORDATION OF 2 DRAINAGE EASEMENTS FOR INSTALLATION OF DRAINAGE FACILITIES IN CONNORS VALDERBILT BEACH ESTATE! UNIT 2 (C. W. AND SHIRLEY MARTINI AND A. E. AND DOROTHY J. HOWELL I Commissioner Wimer moved, seconded by Commissioner Wenzel and carried 5/0, that the Board approve the acceptance and recoroation of two Drainage Easements for the purpose of installing drainage facilities in Connors Vanderbilt Beach Estates, Unit 2, from Charles W. and Shirley Martin, and Arnold E. and Dorothy J. Howell, as requested by County Engineer Barksdale. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. f"""""""l r-1 .---, August 1, 1978 RESOLUTION 78-119 RE PETITION SNR-7B-8-C BY BRUCE SUITER REQUESTING STREET NAl1E APPROVAL FOR S'...nEET TO BE J<NOWN AS "ROSE /l.PPLE LANE" IN SECTION 23, T50S, R26E - ADOPTED Dr. Neno Spagna, Director of Community Development, located the street under petition by Bruce Suiter '(SNR-7B-B-CI for approval of the name of "Rose Apple Lane" as being in Section 23, Township 50 South, Range 26 East, further described as being in the vicinity of Rattlesn~ Hammock Road and Sabal Palm Road. lie said that six of the ten propert owners are in favor of the street name designation. Responding to County Attorney Pickworth regarding the opinion of the four remaining property owners, Dr. Spagna stated that the petition submitted include only the names of the six property owners contacted, noting that the procedure requires one more than 50\ of the owners be in favor of the petition. Apparently, said Dr. Spagna, the petitioner only contacted the aforementioned six. Mr. Pickworth commented that there should be an opinion as to whether or not there is a block of opposition to the peti~ion. Dr. Spagna stated that he has not received any calls, correspondence or visits from anyone in this regard. Commissioner Wenzel moved, in the interest of majority rule, that Resolution 78-l19 re Petition SNR-7B-B-5 by Bruce Suiter requesti street name approval for a street to be known as "Rose Apple Lane" located in Section 23, Township 50 South, Range 26 East, be adopted. The motion was seconded by Commissioner Wimer and carried 5/0. .. .. .. .. .. .. * * .. * * .. * .. MOl( 042 PA;r 803 August 1, 1978 RESOLUTION 78-120 RE PETIT!ON SNR-78-9-C BY REMUOA RES0RT REQUESTING STREET N~IE APPROVAL FOR STREETS IN SECTIONS 4 AND 9, T52S, R28E, TO BE DESIGNATED REr-IUDA RESORT ROAD, NORTH, AND REMUOA RESORT ROAD, SOUTI ADOPTED Following brief explanAtion by Dr. Neno Spagna, Director of Community Development, Commissioner Archer moved, seconded by Commissioner Wenzel and carried 5/0, that Resolution 78-120 re Petition SNn-78-9-C by Remuda Resort requesting street name approval for two streets in Sections 4 and 9, Township 52 South, Rangl 28 East, to be named Remuda Resort Road, North and Remuda Resort Road, South, be adopted. ." ." ." ." ." ." ." ." * 11- 11- 11- 11- * * * BOO~ 042 'J,~r605 .,......- August 1, 1978 REQUEST TO INCREASE AMOUNT OF AWARDED CONTRACT ON BID .309 (DICTAPHON CORPORA~ION) TO INCLUDE AUTOMATIC TIME SEARCH EQUIPMENT IN THE AMOUNT OF $500 - APPROVED County Manager Norman advised that, through error, the staff omitted one item from the recommendation to the Board with regard to Bid .309 which w~s awarded to the Dictaphone Co~poration on July ll, 1978, said item consisting of Automatic Time Search equipment, and requested that the amount of the Agreement re same be increased in the amou.lt of $500. He said that the equipment involved is part of the original program and fun~ing for the item, as well a~ all of the equipment in the program, is covered in its entirety by State and Federal monies. Commissioner Archer moved, seconded by Commissioner Wimer and carried 5/0, that the contract with Dictaphone Corporation re Bid '309 be increased $500 to cover the cost of the Automatic Time Search equipment, as recommended. RESOLUTION 78-121 PROVIDING FOR T~:::: ASSESSMENT OF LIENS FOR THE COST OF ABATEMENT OF PUBLIC NUISANCE RE CERTAIN PROPERTIES (SPENCER - MARC ISLAND, AND ALFORD - NAPLES PARK) - ADOPTED Commissioner Archer moved, seconded by Commissionp-r Wenzel and carried 5/0, that Resolution R-78-121 providing for the assessment of li~ns for the cost of abatement of public nuisance re David Spencer, Block 424, Lot 1 Marco Island Unit 13, and H. L. Alford, Block 55, Lots 4-5, Naples Park, Unit 5, be adopted. * * * * * * * * * * * * c.:)~~ 042 'J.~r 607 August 1, 1978 RESOLUTION 78-122 PROVIDING FOR THE ASSESSMENT OF LIENS FOR THE COST OF ABATEMENT OF PUBLIC NUISANCE RE CERTAIN PROPERTIES IN NAPLES PARK (DALASIC, MICHEL, MARCIL AND REMYI - ADOPTED Commissioner Archer moved, seoonded by Commissioner Wenzel and carried 5/0, that Resolution 78-122 providing for the assessment of liens for the cost of abatement of publio nuisance re certain Naples Park properties owned by Alber Balasic, Sabine Michel, Florenco II. Marcil and Richard M. and Judy Remy be adopted. * * * * * * * * * * * * * * " " i,~:~ 042 ".~, 609 ,. August I, 1978 DISCUSSION OF WORKMENS' COMPENSATION PROGRAM - CONTINUED UNTIL LATER IN THE SESSION Due to Clerk William Reagan'. inability to be present at this time, Chairman Pistor directed that the matter ~oncernin9 Workmens' Compensation be continued until later in the Session. * .. .. .. .. RECESS: 9:55 A.M. until 10:05 A.M. * .. .. .. .. GUN PERMIT NO. /B-ll RE WILLIAM SIMMONDS, AND NO. 78-12 RE JOHN H. DOUGLAS, JR. - APPROVED County Manger Norman stated that the Gun Permit Applications being presented for Board consideration have been reviewed for compliance with the pertinent ordinance. Commissioner Wenzel inquired if the applications have been approved by the Sheriff's Department with Mr. William McNulty, Sheriff's Department, responding in the afirmative. Commi~sioner Wenzel moved, seconded by Commissioner Archer and carried 5/0, that Gun Permit No. 78-11 for William Simmonds, and Gun Permit No. 78-l2 for John H. Douglas, Jr., be approved. RECOMMENDATION FOR AUTHORIZATION TO FILL POSITION OF ASSISTANT COUNTY MANAGER - APPROVED, ~mNDMENT TO FY 78-79 BUDGET RE SAME - AUTHORIZED County Nanager Norman stated that he is recommending that the budget for FY 78-79 contain the necessary funds for the filling of the position of Assistant County Manager and stated that the executive summary provided to the Board outlines the reasons why he believes the position is important. His recommendation, said Mr. Norman, is that the matter proceed on the basis of the job description in existence for the subject position and at the pay range presently ClOaK 042 rl=~ 6111 BOCK 042 r~:z 612 August 1, 1978 established. Mr. Norman said that the reason that formal action by the Board is being requested at this time i8 so that he can begin the selection process and it is important that funds be aSBur, in next year's budget for the position before the selection process io too far along. Commissioner Archer moved, seconded by Commissioner Wenzel and carried 4/l with Commissioner Wenzel voting ~ontrary, that authorization be given to fill the position of Assistant County Manager and that the FY 78-79 Budget include appropriations to fund the position, as recommenued. Later in the session Commissioner Wenzel explained that he w~s opposed to the recommendation because, in his opinion, improper use is being made of the existing personnel in the County Manager's office, citing an example. Mr. Norman explained his reasons for ussigning the tasks being performed by the individual in question, stating that it is his opinion that the function is important to him as County Manager. ~OCIAL ~ERVICES CASE W-48l - APPROVED Commissioner Archer moved, seconded by Commissioner Wimer and carried 5/0, that Social Services Case W-48l be approved. REQUEST BY FORD MOTOR COMPANY TO USE THE IMMOKALEE AIRPORT FOR VEHICLE TESTING - DENIED Following brief explanation of the request by Ford Motor Company and what is involved, presented by County Manager Norman, Commissioner Brown moved, seconded by Commissioner Wenzel and carried 5/0, that the request for the use of the Immokalee Airport for vehicle test be denied. r~"""l . ,l:,;r~""'t rl r-l August 3, 1978 BOARD ESTABLISHES AUGUST 22, '1978 FOR CONDUCTING INTERVIEWS OF SHORT-LIST OF CANDIDATES FOR THE DEVELOPMENT OF ENGINEERING PL~ .~S FOR THE COUNTY WATER SUPPLY TREATMENT AND TRANSMISSION SYSTEM Utility Director Irving Berzon reported on the activities of th, Selection Committee appointed to review the quali~ications of the various consulting firms who submitted their credentials for the development of engineering plans for the County Water Supply Treat- ment and Transmission System. He said that the Committee has short-listed the respondees to six firms and recommends that ora 1 presentations be made by each of the applicants to enable the Board to make its final designation of the Number 1, 2, and 3 Selectees, said presentations to be scheduled for August 22, 1978, beginning at 1:30 P.M., and that each Consulting Firm be limited to a 20-minute presentation. Commissioner Wenzel moved, seconded by Commissioner Wimer, that the six candidates be interviewed on August 22, 1978, as recommended by Hr. Berzon. Mr. Berzon explained what the chosen firm will be expected to do regarding the development of the preliminary engineering plans, noting that the firm will not necessarily be the one to do the actuul final plan design for the plant and transmission system - he will act as the general consultant to the project. Mr. Berzon said that in addition to being qualified technically, the background and experiencI in projects of the nature under discussion and going to bond issues, selling bond issues, and their credibility in the bond market is a factor and an extremely important point to be considered since the activity will result in the sale of a substantial amount of bonds. Upon call for the question the motion carried unanimously 5/0. uX'K G42 Pl.::; 613 oJC~ 04.2 fl.:, '6f4 August 1, 1978 CONSULTANT SELECTION COMMITTEE REPORT RE ENGINEERING APPRAISAL AND EVALUATION OF CAPRI WATER SYSTEM - DEFERRED UNTIL LATER DATE Utility Director Irving Berzon advised that the Consultant Selection Committee Report regarding the engineering appraisal and evaluation of the Capri Water System is not r.eady and requested that the matter be deferred until a later date. The Chairman so directed. BOARD ESTADLISIlES AUGUST 15, 1978 AS DATE FOR CONDUCTING INTERVIEWS OF CANDIDATES FOR ENGINEERING APPRAISAL AND EVALUATION RE MARCO ISLAND WATER/SEWER UTILITIES Commissioner Archer moved, seconded by Commissioner Wimer, that August 15, 1978, beginning at 1:30 P.M., be established as the date [or the Board to hear oral presentations by the seven consultants, short-listed from tho applicants by the Consultant Selection Committee, with regard to the engineering appraisal and evaluation of the Marco Island Water/Sewer Utilities as recommended by the Utility Dir~ctor Irving Derzon. Commissioner Wenzel suggested that a short-list of four or five firms woulu have been sufficient considering the value of the project with Mr. Derzon explaining that the project is not a normal type of engineering project involving the building of something, but rather an inventory and evaluation project. The firm selected, said Mr. Berzon, has to have credibility in the bond market since this is a tool needed to acquire the utilities, adding that, although it does not seem like a large project, possibly ten or twelve million dollars could be involved ultimately. Upon call for the question the motion carried 5/0. I ..---, r--, August 1, 1978 FINAL PAYMENT OF OUTSTANDING RETAINAGE TO INTE~COUNTY CONSTRUCTION CORPORATION RE AREA "A" WAb'rEWATER TREATEMENT PLANT, IN THE AMOUNT OF $25,000 - APPROVED; MAINTENANCE BOND COVERING SPECIFIC ITEMS ~NDER WARRANTY FOR ONE-YEAR PERIOD IN THE AMOUNT OF $5,000 - ACCEPTED Commissioner Archer moved, seconded by Commissioner Wenzel and carried 5/0, tha~ the Board approve final payment to Intercounty Construction Corporation, in the amount of $25,000, regarding Area "A" Wastewater Treatment Plant, and accept the Maintenance Bond, in the amount of $5,000, covering specific items under warranty by Intercounty Construction corporation for one-year periOd, as approved and recommended by Utility Director Irving Berzon. * * * * * * * * * * * * ,. * * * * BOOK 042 PA~, 615 b~,'~ 042 FA::: 618 August I, 1978 ROUTINE BILLS - AUTHORIZED FOR PAYMENT Upon the advice of Fiscal Officer Harold Hall that the subject bills have been processed following established procedures and that fund3 are available, Commissioner Wenzel moved, seconded by Commissioner Brown and carried 5/0, tha~ the bills be approved for payment as wit- nessed by the following warrants issued from July 26, 1978 through August 1, 1978: FUND County Warrants BCC Payroll General Fund Road & Bridge Golden Gate I & S Collier County Fire Dist. lmmokalee Water/Sewer Special MSTD' s Collier County Li~hting Sewer District "A Marco Water/Sewer Victoria Park Drainage Federal Revenue Sharing Collier County Water/Sewer Aquatic Weed Golden Gate Fire Henderson Creek Fire Ochopee Fire District CETA Water Management Sewer District "AU Revenue Special Road Assessment Collier County Water/Sewer Utility Division Municipal Services Taxing Anti-Recession/Federal Revenue Sharing Capital Improvement Rev. Cert. Grants and Gifts Grants & Gifts (LPW) Immokalee L:1.ghting WARRANT ~. 7659 47306 37 33 13 15 9 13 12 9 13 8 8 10 17 12 4 13 19 22 26 17 21 23 16 9 17 6 7 7900 47548 38 35 16 14 20 23 23 25 17 10 18 BUDGET AMENDMENT TO APPROPRIATE FUNDS FOR THE PURCHASE OF A STOR~GF. SHED FOR PARKS DEPARTMENT EQUIPMENT USED AT THE COURTHOUSE GROUNDS _ CONTINUED TWO WEEKS Fiscal Officer Harold Uall explained that a budget amendment is being presented for Board approval to appropriate funds for the purchase of a storage shed for Parks Department equipment which is used at the r-l ~ .--, August 1, 1978 I Courthouse grounds in the amount of $590. Commissioner Archer moved that the subject budget amendment be adopted. As ~ result of the discussion which followed, it was the consen of the Board that the matter be further reviewed with regard to the storage problem and that a better suggestion be recommended or that the proposal in the budget amendment be further considered. Com- missioner Archer withdrew his motion and the Cl.airman directed that the matter be brought back to the Board August 15, 1978. CHAIRMAN AUTHORIZED TO EXECUTE MAINTENANCE CONTRACT WITH DIGITAL EQUIPMENT CORPORATION RE COUNTY COMPUTER EQUIPMENT Mr. Fred Marks, Data Processing Director, explained what is included in the Maintenance Contract with Digital Equipment Corporatj for the County Computer Equipment, referring to the Executive Summar) furnished the Commissioners. The staff recommendation is that the Board authorize the Chairman to sign the subject Basic Service Agreement with the firm for 12-hour, Monday through Friday coverage. It is also being requested, said Mr. Marks, that the Board authorize the Chairman to sign addendums to the basic contract as recommended by the Fiscal Officer. Mr. Hall explained that for economy purposes Mr. Marks has scheduled the purchase of equipment over a period of time in order to avoid paying maintenance costs on said equipment until it is necessary. He also said that funds have been budgeted. Commissioner Archer moved, seconded by Commissioner Wimer and carried 5/0, that the Chairman be authorized to sign the Basic Servic Agreement with Digital Equipment Corporation to establish maintenance coverage for the Co~nty's computer equipment, as requested by Mr. Mar alsoj that the Chairman be authorized to sign, after review by the Fiscal Officer, subsequent additions to the maintenance contract as the County acquires additional equipment. BOCK 042 pm Bi9 August 1, 1978 APPROVAL AND SIGNING OF ANNUAL CONTRACT (FY 78-791 FOR THE SPECIAL ASSISTANT STATE ATTORNEY TO PROSECUTE VIOLATIONS OF BOTH CITY AND COUNTY ORDINANCES - CONTINUEO UNTIL AUGUST 15, 1978 County Attorney Pickworth explained that the Agreement between the City and County whereby each governmental entity would evenly divide the salary for the special Assistant State Attvrney, who was hired to prosecute violations of City and County ordinance, expired July 1, 1978. It is recommended, said Mr. Pickworth, that the Agreement be renegotiated and, based, on actual experience, it is felt that since the County uses a larger portion of the individual's time, that the Agreement stipulate that the County will pay two-thirds of the salary, and the City one-third. He said that the County has a slight advantage because of the individual's physical proximity to the County staff people. Mr. Pickworth pointed out that the program has been successful not only in criminal convictions of persons viol~ting ordinances but the attorney has also managed to get voluntary compliance to ordinances which is probably the most important aspect. The proposed agreement has not been presented to the City Council, said Mr. PiCkworth, but if approved by the Board the contract will be transmitted to the City for their approval. Commissioner Wenzel moved, seconded by Commissioner Archer, that the proposed contract between the City and the County regarding the special Assistant State Attorney, as outline by tlr. Pickworth, be approved and submitted to the City. Clerk William Reagan pointed out that when a person is charged with a violation of a City ordinance the fine goes back to the City and does not stay in the County court system and requested that he be given time to review the pertinent figures before the Board makes a decision regarding tho division of salary as proposed. Mr. Pickworth said that the arrangement was based not on the number of violations but rather on the amount of time spent and suggested that the contract o~~s 042 fl.~, 621' B~C~ 042 n~: '622 August 1, 1978 could be ~pproved by the Bo~rd subject to a review of the figures as proposed by Mr. Reagan. Commissioner Wimer commented that the individual in the State Attorney's office has heen beneficial and for the first time the zoning Department personnel have confidence that when they cite someone for a violation that the situation will be corrected without the case sitting in court for up to two years or more. He said that it should be made known to everyone, esppcia1ly the Zoning Department, that the Board wants strong enforcement of the zoning laws. At the direction of the Chair, the matter under discussion was continued until August 15, 1978 to permit further review and ~..:commendations. Mr. Mike Zewalk questioned whether or not any funds were coming in with regard to the "dog leaRh" ordinance recently enacted. Commissioner l'lenzel noted that he would provide Mr. Zewalk with a copy of the report in this regard foUowing the meeting. Commissioner Drown stated that funds are coming in, noting that he personnally paid a fee for his own dog recently which he would not have had to pay without the ordinance. E. W. SIVER'S RECOr~ENATION FOR PARTIAL SELF-INSURANCE PROGRAM RE WORKMEN'S COMPENSATION, AND FOR ADEQUATE STAFFING FOR THE PROGRAM - APPROVED County Manager Norman reported that, pursuant to Board direction, E. W. Siver and Associates, Inc. have taken bids and provided a recommendation regarding the matter of partial self-insurance for Workmen's Compensation coverage. He said that the recommendation, which is estimated to result in a savings of approximately $82,000 in the coming year for the subject coverage, includes a proposal for purchasing Aggregate Excess insurance, and the cost for that insurance is included in the projected savings. This insurance, said Mr. Norman, is recommended because the County does not have any cash r -- _u, .,.----, r'--l August 1, 1978 reserves for the purpose of paying an abnormally large number of substantial claims, adding that it is the middle ground of ins~rance which would add additional protection if there were a number of large claims which did not fall in the exce.. coverage whiCh is the large emergency-type coverage. Mr. Norman said that it is further proposed and presumed in the recommendation that the County would continue to provide the normal carrier and that the excess funds which are not necessary in providing for the expenses of the program or in paying out claims would be accumulated from year to year to build reserves which would allow further self insurance than is proposed at this stage. lie said that the staff has reviewed the recommendations and feel that, with the explosive inflation involved in insurance coverage, it is to the advantage of the County to proceed toward partial self-insurance both in Workmen's compensation and, in the future, with other types of insurance. Mr. Norman continued by stating that a further recommendation of the Siver's organization i~ the creation of a specific risk management unit of the County Government where the responsibility for the entire insurance risk management sa~ety program would be centralized in one individual. He said that the staff feels it is important with the added responsibility of eelf insurance that this recommendation be implemented, commenting that this would be an ideal time to do this since the projected savings would pay the cost for the operation and still see a substantial savings. The budget proposed by Siver, said Mr. Norman, is $27,000 which would include compensation for the risk manager and secretary, noting that there will still be $55,000 projected savings. Commissioner Wimer suggested that the proposed $27,000 for the personnel, office space, supplies, and the like might be too 04(.) B'-,I."t flGOK r.. PI.~Z f...~ B~CK 042 p~:~ 624 August I, 1978 low and, in response to Comm~8.ioner Wenzel'. query concerniog the present administration of insurance matters, Mr. Hall explained that they have been handled by various persons as time permitted; how\:lvcr, he said that '~he County has passed the point where this is a viable arrangement and that a knowledgeable person is needed to devote full time to the program. Discussion followed concerning the recommendations outlined by Mr. Norman with various suggestions forthcoming regarding the use of existing personnel, CETA personnel, and the like. Fiscal Officer Harold Hall agreed with Commissione).; Wimer in that a more realistic cost figure for the proposed positions and miscellaneous supplies, ulld the like, could total a maximum of $40,000, hopefully more like $30,000 or $35,000, depending upon the kind of efficiency that can be worked out by not devoting too much "people" time to the program. Since this could be funded through the premium savingR, said Mr. Hall, what it would mean is that there would be no increase in the proposed budget this year but, it would decreaAe, by whatever amount spent, the funds which would be put into reserves. Mr. Hall said that, in his opinion, the program can be successful and that the area of Workmen's CompenDation is an area which ca~ bring in significant sav1ngs with little effort. Following Mr. Norman's explanation of what the Board is being asked to approve, Commissioner Wimer moved, seconded by Commissioner Archer, that a budget amendment be prepared for the implementation of the Risk Management Program, and that contracts be awarded for the purchase of insurance (Insurance Company of North Americal and for Risk Management Services (Arthur J. Gallagher & Co.), as contained in the recommendations by E. W. Siver & Associates, Inc. Commissioner Archer, in his seconding of the motion, requested assurance that adequate staff would be provided prior to the imple- ,----y --, 1._--' L~.__J 1\ugust 1, 1978 mentation of the Program. During the discussion which followed, it was suggested that this matter would be part of the budget amendment and it was tho consensus of the Board that the program remain under Clerk Reagan's Department until or unless further action is taken by the Board. Upon call for the question, the motion carried 4/1 with Commissioner Brown dissenting, commenting that the details of the program have not been SUfficiently worked out as yet. cHAIHMAN AUTHORIZED TO SIGN CERTIFICATE OF ACCEPTANCE FOR LEAA GRANT TO SUPPORT SHERIFF'S COMMUNICATIONS UPGRADE PROJECT 177-A2-09-CEOl, PHASE II Commissioner Archer moved, seconded by Commissioner Wimer and carried 5;0, that the Chairman be authorized to sign Certificate of ^'-ceptance for LEAA Grant to support the Sheriff's Communications Upgrade Project '77-A2-09-CE01, Phase II, as recommended by staff. * * * . * * * * * * * * * * * Bm 042 p~~zB25. August 1, 1978 CIIAIRHAN AUTHORIZED TO SIGN, AFTER-THE-FACT, COOPERATIVE FIRE CONTROL AGREEMEN'f WITH DIVISION OF FORESTRY FOR FIRE PROTECTION OF FOREST AND WILD LANDS WITHIN THE COUNTY EFFECTIVE AUGUST 1, 1978 Commissioner Wimer moved, seconded by Commissioner Archer and carried 5/0, that the Chairman be authori.e~ to sign, after-the-fact, cooperativo Fire Control Agreement between Department of Agriculture and Consumer Services, Division of Forestry, an~ Collier County to provide fire protection of 824,958 acres of forest and wild lands within Collier County, said contract to begin August 1, 1978. * * * * * * * * * * * * * * * . I .,l/~2 ~"6~7 I'" v.t Pt.~, {.. ,_J ...._J August 1, 1978 23. Letter dated July 25, 1978 from David H. Dixon, Associate Irternationsl Systemq, Inc., transmitting copy of the application for Food & Nutrition Grant - Filed for the record. 24. Letter dated July 21, 1978 from Cecil F. Higgs, Dureau Chief, Community Action Program, Department of Community Affairs, indi~~ting that additional federal funds are becoming available re Food and Nutrition Gra~t - applica- tion must be in by 8/1/78 - Filed. DISCUSSION RE CAPITAL IMPROVEMENT PROJECTS AS PROPOSED BY THE CAPC _ LIST OF PROJECTS - ACCEPTED FOR THE RECORD AND REFERRED TO COUNTY NANAGER FOR FURTHER STUDY AND RECOMMENDATIONS Chairman Pistor referred to the list of projects in the Carital Improvement Program which were distributed previously to the Board, noting the he and Fiscal Officer Harold Hall are traveling to New York City on August 4, 1978 to determine what can be done about funds to partially finance the projects. County Manager Norman commented that he has reviewed the list of projects but that he is not in a position at this time to recommend adoption of the program; that it will take several months to be in such position. He suggested that it should be received and recognized as a good compila~ion of prospective projects which can be ref.elred to and updated as time goes on. The list of proposed projects was discussed briefly with Com- missioner Wenzel commenting that he would prefer that some of the projects be put on a ballot and let the people decide - noting that he is not going to spend $2,000,000 or $3,000,000 without such approval. Commissioner Wimer questioned why some of the projects keep appearing for consideration when they have been previously turned down. Clerk William Reagan explained that the Capital Improvement Program is prepared in the context of what might be needed in the future - for instance eight to ten years from now - and is useful for planning purposes. Commissioner Wimer moved, seconded by Commissioner Archer and carried 5/0, that the proposed Capital Improvement Program be ,,\:'" 042 P/,~, 633 :1~X 042 ,~~( 834 August 1, 1978 accepted for the record, with a letter of appreciation to the Chairman of the Coastal Area Planning Commission, and that the Program be referred to the County Manager for his further study and recommendation. There being no further business for the good of the County, the meeting was adjourned by order of the Chair - Times 11120 A.M. BOARD OF COUNTY COMMISSIONERS/EX OFFICIO GOVERNING BOARD(SI OF SPECIAL DISTRICTS UNDER ITS CONTROL ~~OR.~g-tz- ,,'-. ., . 0'\" . I I .~ -1 r--"1 ...----,