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BCC Minutes 11/14/1978 R Naplos, Florida, November 14, 1978 LBT IT BE REMEMBERED, that the Board of County Commissioners in and for the County of Collier, and also acting as the Governing nonrd(s) of such special districts as have been created according to law and having conducted business herein, mat on this date at 9:00 A.M. in Regular Session in Building "F" of the Courthouse Complex with the fallowing members present: CHAIRMAN: John A. Pistor VICE-CHAIRMAN: David C. Brown C. R. "Russ" Wimer Thomas P. Archer Clifford Wenzel Al.SO PRESEN'l': William J. Reagan, Clerk 110:05 A.M.) Harold J" Hall, Chief Deputy Clerk/Fiscal Officer; Debbie Pantano, Deputy Clerk; Donnld Pickworth, County Attorney; Ron Dillon, Assistant County Attorney; C. \~Il"linm Normnn, County Nnnngcr, HichLlrd Wooc1ruCC, A~Hll:lldllL CuullLy Mannger; Irving Borzon, Utility Director; Clifford Barksdale, County En(/in~~ri Adminiotrntivo Aida to the Board Mary r-loTt)nn; nnn Df"pllty Chi c[ Haymond Barnett, Sl.t: ~'iff' 5 Department. AGENDA nOAHD OF COUNTY CONNISSIONER~ UNl'IL AGEIiPA Novc~bcr 14, 1978 HEQUES'I'S TO ADDRESS 'mB BOARD OF COUN'ry COHNISSIONERS HEGAHDING ITEMS \'IIlTCIl DO NOT APPEAR ON THI~ ^Gl-:NDA l'lILL BE }IF-ARD l\T 11:00 l\.M. .1. INYOC^..:!'IO~ 2. PU:DGr~ OF ALLEGI^NCI:: ]. AI'PHOVM. OJ:' AGENDA ~. l\PPROVhL OF MtNUTRS: Regular Meeting - October 31, 1978 '" J. l'HOCLANATIONS & PRESENTATlml OF l\~'1ARDS '~,~f 044 !,,4;r408 "'!" November 14, 1978 PIN^L ^GENDA l\PPROVED l'lITH ADDITIONS/DELETIONS Commissioner Wenzel moved, seconded by Commissioner Wimer and curried unanimously 5/0, that the Final Agenda be approved with the following additions and de1etionsl 1. Request for approval of Sooial Services Case No. W-1298 _ Added. 2. "Old Business" item re Inter10cal Agreement relating to School Impact Fees - Deleted. 3. "County Manager's Report" item re recommendation that HRS be requested to authorize two positions for Health Dept. _ Deleted. 4. "New Business" item re request by Sheriff's Dept. to purchase equipment - Added. 5. "County 1>lanager's Report" item re Animal Control Officer's report concerning certain complaints received - Added. 6. "Board of County Commissioner's Report" item concerning request for Board to execute certain documents re Pelican Bay Phas9 I Plat - Added. NEI'l COURTHOUSE PARKING LOT WILL BE l\VAILABLE FOR USE ON MONDAY, ~nER 20, 1978 Chairman Pistor stated the new courthouse parking lot will be lined and completed over the weekend and will be available for the employees' use on Mond~y November 20, 1978. MINUTES OF REGULAR SESSION OF OCTOBER 31, 1978 - APPROVED AS AMENDED Commissioner Wenzel moved, seconded by Commissioner Brown, that the minutes of the Regular Session of October 31, 1978 be approved. Fiscal Officer Harold Hall explained that several typographical errors were discovered and corrected on the "Year End" Budget Arnend- m~nt contained in said minutes. Upon call for the question the motion carried unanimously 5/0. SOCIAL SERVICES CASE NO. l'l-1298 - APPROVED commissioner Brown moved, seconded by Commissioner Wimer and carried unanimously 5/0, that Social Services Case No. W-1298 be approved. ~~G' 044 PA~4.12. -, ,. . - . _ ..." r-'.' ,-. _ . -. - .r ::'~....:.._'~ :". .......:'.~.........:.JM...........~....-'~,..,....>>.'W';.:-.::':.. _.~._~..,.- ~~~., .~.__" .~ ...: ~: ;'~.,_"-~'':'''.'';' _. '..:-:'~' ~-~-_.....~- - ','.,.- - I, ,-, ',; .....k..;~~~.tA.;,,:.', ..,.~.~!J-...., ...... '" ...","t~1t\,/Iot. J..~~t,"'f. .....:~or.."J.~....'tf;JI ....- .,~~"...,,_, ;I,,~.. ",,'-'~~~j~ .,..'t,.~JIHI,:.~_.. ~~~-~~';~'~~~i~;i;~~~:3;,'"~~J0r- :~-};I.,:Fq:'?~~;;i~~:~" ner., 044 PI.:: 413 November 14, 1978 PROPOSED AMENDMBNTS TO CONTRACTORS' LICENSING BOARD ORDINANCE ALLOWING MOl3ILE HOME LICENSING HOLDERS TO DO THEIR OWN ELECTRIC, PLUMBING AND AIR CONDITIONING HOORUPS - PUBLIC HEARING CONTINUED FOR ONE WEER Legal notice having been pUblished in the Naples Daily News on October 25, 1978 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider a proposed ordinance which amends the present Contractors' Licensing Board Ordinanc 78-02. Mr. Raymond Dulaney, Building Director, explained that the proposed amendment allows for mobile home licensing holders who set up mobile homes to do their own electric, plumbing, and air conditioning hookups and requested that this be restricted to the owners working on their own pnrks only. Mr. Ted Brousseau, attorney for the local mobile home industry, stnted he is in accord with Mr. Dulaney's request. Mr. Paul Jackson, Jackson Electric, stated that as a master plumber nnd electrician, ho was required to take certain tests and obtain variou: inouranccs in order to practice his trado. He stated his objection to the proposed ordinance in that he feels that most of the owners are probably not well-trained in the field and doubted tho quality of the work they would perform on the mobile homes. He also expressed his concern that the owners may possibly solicit other mobile home park owners to do their electrical and plumbing work for them. Mr. Brousseau stated the proposed ordinance was reviewed by the Contractors' Licensing Board; however, it was not voted on. Mr. George Sedgwick, retired journeyman, concurred with Mr. Jack- son's opinion in that some ~eople may not be qualified to do their own type of utility hookups and should be required to take a test. Commissioner Brown moved, seconded by Commissioner Wimer, that the public hearing re the proposed amendments to Ordinance 78-02 be continuec for one week; the amendment also to include adequate language providiny that mobile home owners be restricted to performing various utility hookups to thoir own parks. The motion carried unanimously 5/0. . November 14, 1978 HESOLUTION 78-169 RE FINl\L ASSESSl'lENT ROLL FOR COCOHl\TCHEE STREET - ADOPTED Legal notice having been published in The Naples Star on October 27 and November 3, 1978 as evidenced by Affidavits of Publication filed with the Clerk, public hearing was opened to consider the final assess- ment roll for Cocohatchee Street. County Engineer Clifford Barksdale stated the Board had enacted a Resoltuion 78-91 in June, 1978 creating the Cocohatchee Street Paving Improvement District and the work has been completed with the total final assessment for approximately 852 l.f. being $9,749.31. He further stated the front foot assessment is approximately $7.02 based upon work performed by the County Road Department. In reference to the question concerning the pie-shaped lots, he commented the preliminary nnsessment roll was revised to include the average of the rear and front of the pie-shaped lots. Mr. Barksdale a180 explained that portions of land owned by Collier Corporation on the east side of the road has been designated an unusable and approximately 507 feet along the edge of the road considered usable will be assessed. Commissioner Wenzel moved, seconded by Commissioner Brown and carried unanimously 5/0, that the public hearing be closed. Commissioner Wenzel moved, seconded by Commissioner Brown and carried unanimously 5/0, that Resolution 78-169 regarding the Final l\ssessment Roll for Cocohatchee Street be adopted as outlined by the County Engineer. * * * * * * * * * * * * * * * -. ~.;.s.;~...,":.."r=..:5!! Bee, 044 p~~: 417 November 14, 1978 ORDINANCE CREATING PELICAN DAY MUNICIPAL LIGHTING DISTRICT - PUBLIC IIEARING CONTINUED UNTIL NOVEMBER 21, 1978 Legal notice having been published in the Naples Daily News on October 25, 1979 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider a proposed ordinance creating the Pelican Bay Municipal Lighting District. County Attorney Donald Pickworth stated he had received a call from the developAr's attorney requesting a change in the proposed ordinance pertaining to the District boundaries. Commissioner Wenzel moved, seconded by Commissioner Brown and carried unanimously 5/0, that the public hearing re the proposed ordinan~e creating the Pelican Bay Municipal Lighting District be continued for one week (November 21, 1978). PETITION V-78-28C BY JAMES GOODALL REQUESTING FRONT AND SIDE YARD VARIANCES, LOT 40, BLOCK 17, NAPLES PARK - DENIED Legal notice having been published in the Naples Daily News on October 22, 1978 as evidenced by Affidavit of Publication previously filed with the Clerk, public hearing was continued from November 7, 1978 on Petition V-7B-2BC by James Goodall requesting front and side yard variances. Mr. James Goodall, petitioner, stated the petition is in reference to Lot 40, Block 17, in Naples Park and, at the Board meeting the week before, the Commissioners had requested he submit a landscape design which would be agreeable to adjacent property owners who are opposed to the variances. He further stated he was unable to obtain letters of "No Objection" from the opposing property owners. Mrs. Brenda Manning, property owner, stated that Mr. Goodall's attorney had shown her the proposed landscape design1 however, she still objected to tho variance. She submitted a photograph to the Board showing her property and the petitioner's property. . , ,. . .- November 14, 1978 Mr. George Sedgwick, resident of Naples Park, stated he has viewed the property in question and feels to allow the variances would be detrimental to the adjoining properties. Mr. l\rthur McDonald, property owner, noted his objection to the petition and stated he had been advised by an attorney that if the petitioner was denied the variances, the petitioner would have a case against the company who performed the error in surveying the property. There being no other persons registered to speak, Commissioner l\rcher moved, seconded by Commissioner Brown and carried unanimously 5/0, that the public hearing be closed. Commissioner Archer moved, seconded by Commissioner Brown, that Petition V-78-28C by James Goodall requesting front and side yard variances for property known as Lot 40, Block 17, Naples Park, be denied. Motion carried 4/1 with Commissioner Wimer dissenting. REPRESENTATIVE OF COLLIER COUNTY AGRICULTURE FAIR AND EXHIBITION DOARD SOLD FIRST FIVE TICKETS FOR COLLIER COUNTY FAIR TO THE FIVE COMMISSIONERS ^ representative from the Collier County Agriculture Fair and Exhibition Board presented the Board with the first five tickets to the annual Collier County Fair for them to purchase. Chnirman PiRtor, on behalf of the Commissioners, expressed his best wishes that the Fair will continue to be a successful project in Co1lien- County. . * * * RECESS: 9:47 A.M. ul.......l 9:55 A.M. . * * * DISCUSSION RE INTERLOcAL AGREE~~NT WITH SCHOOL BOARD RE IMPACT FEES _ TO BE WORKS HOPPED MONDAY, NOVEMBER 20, 1978 Chairman Pistor stated that the School Board's attorney has re- quested the matter concerning the School Impact Fees be deleted from the Agenda. He further stated the itme will be discussed in Workshop . ~ . .' , '... . .', . - '. ;:~a~ ~ r't T Ja, .. . . F~j,$;Z~I ~~{~~~~~~~;~..~:~~~~i;~~~;:~ .~~~;?:~~::.t~:~~.,~:.:. ~~::-:~'%';~~~' ........-... .-.-J.~ ~t..... f!' U"t:~':"" ..._-.. ----- ~~ ."..-J..;...~.,.,J-.-'+r4~.~~' , -: -0-;:: ""- J-"'_M _. ...~ .........~._..._--...._^- .-...... ...-.- ............... ..~..'". C\ l)44 pf.::,419 November 14, 1978 Session on Monday, November 20, 1978 and requested the County Manager notify t.he School Board of same. PETITION CCSL-78-BC REQUESTING VARIANCE FROM COASTAL CONSTRUCTION SETBACK LINE ESTABLISHED BY ORDINANCE 75-19 - ADVERTISING AUTHORIZED FOR PUBLIC HEARING DECE~mER 19, 1978 Commissioner Wenzel moved, seconded by Commissioner Archer and carried unanimouly 5/0, that Petition CCSL-78-BC requesting a variance from the Coastal Construction Setback Line established by Ordinance 75-19 be authorized for advertising for pub1io hearing December 19, 1978. AMENDMENTS TO COLLIER COUNTY BUILDING CODE ADOPTING APPENDIX "J" OF SOUTHERN STANDARD BUILDING CODE, THERMAL EFFICIENCY AND LIGHTING STANDARDS - ADVERTISING AUTHORIZED FOR PUBLIC HEARING DECEMBER 19, 1978 Commissioner Wenzel moved, seconded by Commissioner Archer and carried unanimously 5/0, that the proposed amendments to Collier County Building Code adopting Appendix "J" of Southern Standard Building Code, Thermal Efficiency and Lighting Standards, be authorized for advertising for public hearing on December 19, 1978. PETITION V-78-30-C BY O.M.V. INVESTORS, INC., FOR FRONT YARD SETBACKS FOR PROPERTY IN BLOCKS 4 & 3, OLD MARCO VILLAGE - ADVERTISING AUTHORIZED FOH PUBLIC HEARING DECEMBER 12, 1978 Commissioner Wenzel moved, seconded by Commissioner Archer and carried unanimously 5/0, that Petition V-78-30-C by O.M.V. Investors for front yard setbacks for property in Blocks 4 & 3, Old Marco Village be authorized for public hearing December 12, 1978. PETITION V-78-29C BY J. JACK & ETHEL WISE FOR A 6 FT. SIDE YARD VARIl\NcE FOR LOT 14, BLOCK 62, NAPLES PARK SUBDIVISION - ADVERTISING AUTHORIZED FOR PUBLIC HEAR~"G DECEMRER 12, 1978 Commissioner Wenzel moved, seconded by Commissioner Archer and carried unanimously 5/0, that Petition V-78-29C by J. Jack and Etha1 Wiso for a 6 ft. side yard variance for Lot 14, Block 62, Naples Park Subdivision, be authorized for advertising for public hearing December 12, 1978. " " - .... ..._",;.rr.<.'. -~-"_"---:'~ .~':'"'::_. -..-.~. November 14, 1978 BOl\RD DESIGNATES DECEMBER 5, 1978 AS "YOUTH IN GOVERNMENT DAY" AND AUTIIORIZES SUPERVISOR OF ELECTIONS TO ASSIST IN THE STUDENTS' USE OF THE VOTING EQUIPMENT County Manager Norman explained there are two major high schools in the County who are requesting that the Board designate December 5, 1978 as "Youth in Government Day" and the program be doubled to allow the same number of participants from each school this year as were drawn from the single high school last year. Mr. Norman further stated he has selected 30 county officials to act as mentors for their student counterparts, and, as on previous occasions, the participants in the program will be served a luncheon at a local rcstaurant ($200 maximum) if the Board desires. Chairman Pistor noted he has received a letter from the Optimist Club concerning the program which requests they be allowed to use the voting equipment to prepare ballots for student elections. He expressed concern over the fact it may be very costly to loan the now equipment and suggested they only be allowed to use the old equip- ment. Commissioner Wimer moved, seconded by Commissioner Archer and carried unanimously 5,'0, that December 5, 1978 be designated as "Youth in Government Day." Commissioner Wimer moved, seconded by Commissioner Wenzel and carried unanimously 5/0, that the Supervisor of Elections be authorized to assist in the conduction of the student elections using the old voting machines. B0ARD EXECUTES QUITCLAIM DEED FOR THE WEST 180 FEET OF TRACT 113, GOLDEN GATE ESTATES, UNIT 83 (COX, JONES) County Manager Norman stated the Board had accepted subject property as a gift, the deed being recorded September 24, 1976. lie explained the same tract of land was sold to two individuals at a legally established tax sale, the deed being recorded on June 24, 1978. Due to the existence ~f the recordation of the first deed, there is now a cloud on the title which needs to be cleared. " (,)AAl>i~.".AOO.:::.......'="=".loOi.:',",'~~~" ....~'lo... ,; .;.. ...-.. - ............~.. . _. . .. ",", v-:t"2... I "......1IjL """.-...,.,....~ ....:...,J~....~.ll!u:~'Int~.:...:m'""'~"'"~=e~ _ .;, '~Z;:;..';:'t .._",,".~ ~;.a....;:~.:;..~,_.._ a., \('C~ "'044 r~~~ 4Z1" November 14, 1978 Commissioner Archer moved, seconded by Commissioner Brown and carried unanimously 5/0, that the Chairman be authorized to execute a Quitnlaim Deed for Tract 113, Golden Gate Estates, Unit 83 in favor or Charles E. Cox and David C. Jones, Trustee. * * * * . . . * . * * . * * * * * . * * . * ~..~~~.~4"~-..'~,':..~#,:~",f:--'.~; ~l',. ,<~~:~"b~:;;J;.:~r~~~~~'J~,~\.:.'t'-'~f' :' " . - '1'-- ,-,.,~~, ".. ~.-",,- '~__1.' .. "'~.".~-"'''''''~.14)~~ 1!1f1l-~.:~~1."~_.oi,"'''. --"'_~ -......~U1 ,.. ~~..-,'lI..,.,..... r . ............U;1" ..1lf \~ l~..... . ," . ,_.. '! '1 -.. ~~ . ~ .l--.;e__~.__..l-~-"-_' . _._._h. .~....~I.1.'" 1.., .. "T ~ ,J. _ ..,. -. . . ~".'1"'~"Ii~~''t'';_'':'' --'~:~'I...'t:'- _'-, "-.'')~',~,h,.... ..';:-..,&:", _ ~ '1. "",":\'~ _"..;.. - __ ....~~;...t_...__._....._~.......... ~-.._--....~ .... . ~ , l._~~.I,A....~_\.... .~.~~ ......:;:t"..........\ol-...J-'"""-~..........~ _.....,..........._ ...~.. ,_ '--'::-::-:~~~.:t~' - ...,l~~. .~ . '--( __ '... ",. ,_ ~~:.-:-~;':"'~. . . m 044 rA~423 November 14, 1978 BOARD DESIGNATES MONDAY, DECEMBER 25TH AND TUESDAY, DECEMBER 26, 1978 AS THE CHRISTMAS HOLIDAYS FOR COUNTY EMPLOYEES County Manager Norman stated he had sent a questionnaire to nll employees which resulted in an overwhelming vote to request the Board to designate Tuesday, December 26, 1978 as the Christmas holiday rather than Friday, December 22, 1978. Commissioner Wimer moved, seconded by Commissioner Archer and carried unanimously 5/0, that the Board designate Monday, December 25th and Tuesday, December 26, 1978 as the Christmas holidays for County employees. RESOLUTION 78-170 ASSUMING RESPONSIBILITY FOR THE CONTROL OF NOXIOUS AQUATIC PLANTS - ADOPTED County Engineer Clifford Barksdale explained that the Board had previously adopted a similar resolution on October 4, 1977 to assume responsibility for the control of noxious aquatic plants in canals, drainageways, and public waterways accepted for maintenance by Collier County; however, based on a change in requirements of the Department of Natural Resources as to the format of said resolution, it is necessary to make revisions which he briefly stated for the Board. Commissioner Archer moved, seconded by Commissioner Brown and carried unanimously 5/0, that Resolution 78-170 assuming respon- sibility for tho control of noxious aquatic plants be adopted. . . . . * . . * * . * * . . . * '~:',:~E:;r..... :',..; :,::. " :;:.';-'-:-~;'~"J':;~ :':.~.~_':::'~~. '.. ',~' : ..,,_:',;_~:-:::~..; _;;::~~~= :w.~~~.~_",.._.......;..~.~ ........' """'.....T...-....--.""_.._ r f-'.,.. '<t"~................-..__ ...,"" _"'.... .......).._......" . :'-;; ~~, ..:~:. :.., - --~. -." ~ - ~ . _'~" -;. ~.' _ - -,' .. ~~ -:. ~-~ -~. ... .Ii ;;:)~:#O.,.T..:t ....~ ~x:.. ~ ~ ,-~ -;. ;'t. . "",....-. -. '_~' -- ......,C_. .".. ." 1 ... _.' " .' _... -..fr--- ...:i,,;.. . . - .... .~!. ~ ~..".'.... "'." - ~-;:;----";..,.... '. ...:" ecc~ 044 PA;=425 November 14, 1978 RESOLUTION 78-171 AUTHORIZING THE EXECUTION OF THE TRAFFIC SIGNAL AGREEMENT BETWEEN THE FLORIDA DOT AND COLLIER COUNTY TO INSTALL A TRAFFIC SIGNAL AT THE INTERSECTION OF VANDERBILT BEACH ROAD AND U.S. 41 - ADOPTED County Engineer Clifford Barksdale stated the DOT district office had performed a study of the intersection of Vanderbilt Beach Road and Hickory Drive at U.S. 41 and their recommendation to the state DOT office is that of installing a traffic signal at said intersection. He further stated the district office is requesting the Board sign a maintenance-type traffic signal Agreement to be forwarded to the state office with tt:.eir recommendation. Commissioner Archer moved, seconded by Commissioner Wimer and carried unanimously 5/0, that Resolution 78-171 authorizing the Chairman to execute the Traffic Signal Agreement between Florida DOT and Collier County concerning Vanderbilt Beach Road and U.S. 41 intersection be adopted. * * * * * * . . . . * * . * * * * * BCC~ 044 PA~:431. November 14, 1978 REQUEST FOR A 5 FT. EASEMENT TO FLORIDA POWER & LIGHT COMPANY ACROSS COUNTY-OWNED PROPERTIES IN GOLDEN GATE ESTATES - APPROVED County Engineer Clifford Barksdale stated that to provide power sources to the Naples well field and pumping stations currently being installed along the canal in Golden Gate Estates, a five foot casement is required along the bank of the canal for the installation of the FP&L power line. He noted the easements are located along the western five feet of five site. granted to the County by GAC for development of well field.. Commissioner Wimer moved, seconded by Commissioner Aroher and carried unanimously 5/0, that the five foot easements requested by Florida Power & Light Company across county-owned property in Golden Gato be granted. .. .. .. .. .. .. .. .. .. .. .. * .. .. .. .. .. .. .. .. :c~ OM rA~:437 November 14, 1978 PETITION NO. 78-2-C BY OUR LADY OF GUADALUPE CATHOLIC CHURCH REQUESTING PERMIT FOR CARNIVAL DECEMBER 8 THRU 12, 1978 - BOARD WAIVES REQUIREMENT FOR SURETY BOND AND AUTHORIZES PEN~IT Commissioner Archer moved, seconded by Commissioner Brown and carried unanimously 5/0, that Our Lady of Guadalupe be issued a permit for their carnival December 8-12, 1979 and the require- ments for surety bond be waived. Chairman Pistor expressed his concern about the permittinq ordinance stating he would like it reviewed for possible revisions. * * * * . . . . . . . . * . * * * . . . . November 14, 1978 RESOLUTION 78-172 TO RECOVER FUNDS EXPENDED TO ABATE A PUBLIC NUISANCE ON LOTS 24 " 25, BLOCK 47, NAPLES PARK UNIT 4 - ADOPTED Commissioner Wimer moved, seconded by Commissioner Archer and carried unanimously 5/0, that Resolution 78-172 to recover funds exepnded to abate a public nuisance on Lots 24 and 25, Block 47, Naples Park Unit 4 be adopted. * * * * * * * * * * * * * * * * * * * * * * 044 t'A~:441 November 14, 1978 APPEAL BY GARY ANTONISSEN, ROGART DEVELOPMENT CORP. OF DECISION BY CONTRACTORS' LICENSING BOARD TO REVOKE CERTIFICATE OF COMPE- TENCY AND LICENSE TO DO BUSINESS - MATTER TO BE REFERRED BACK TO CONTRACTORS' LICENSING BOARD FOR FURTHER REVIEW AND RECOMMENDATION BASED ON NEW EVIDENCE Mr. Arthur McDonald, attorney for Gary Antonissen, (Rogart Development Corp.) stated he is appealing a deoision by the Con- tractors' Licensing Board rendered on August IS, 1978 in which they rovoked on a permanent basis the Competency Card for Gary 1\ntonissen. He explained that as a result of that decision, red tags were issued on 24 of Rogart's homes then under construction, 5 of those 24 being the owners who had registered formal complaints. Mr. McDonald noted that the complaints were of relatively minor items. Mr. McDonald oxp1ained that as a result of the stop-work order that was issued, Rogart Corp. closed down and immediately opcncd another company under the name of Aura, Corp. due to bad publicity against Rogart. He noted that 23 of the 24 owners had entered into new contracts with Aura. Mr. McDonald further stated that all 5 complainants are now living in their new homes and feel their homes arc substantially completed to their satisfaction. He commented that one of the reasons on which CLD had basol' their decision was due to a violation of Section 41.5 of the Contractors' Licensing Ordinance 78-02. He stated that in the transcript of the Licensing Board meeting, there is no mention of any such violation, i.e., the intentional changing of specifications without the owner's :onsent, and further, all complaints from the owners have now been :orrccted. He noted the other two violations cited as reasons for revocntion of the license we vio1ation3 of certain codes and failure to repair faulty workmanShip, 8gain stressing no such complaints ire evidenced in the transcript of the meeting. Mr. McDonald re- luestcd the Board re-instate the license and Competency Card on a lrobationary basis with the Building Dept. or Licensing Board sup- !rvising tho company's work with the option to revoke the license Igain if deemed necessary. -, , -:':" . " ". -- . .. November 14, 1978 Chairman Pistor commented he felt from the evidence he has seen that the developer did not attempt to resolve the complaints on a voluntary basis. Commissioner Wenzel stated he would like to see letters of satisfaction from all five complainants or their attorneys. Mr. McDonald stated that four of the owners were solicited by the original complainant; he also stated a major problem of Rogart's has been with their sub-contractor who, because of the abundance of work, has not been able to keep up and Rogart conse- quently fell behind in their work. Mr. Gary Antonissen, appellant, concurred with Mr. McDonald's statements and explained in reference to the allocation that he had removed a red tag from one of the jobs was that he merely mado a xerox copy of the tag and replaced it on the job the same day. Mr. Arthur Antonissen, President of Rogart Corp., stressed the fact that his company had fallen behind schedule in their work, largely due to a construction boom that had taken place and at that time it was very difficult to contract with sub-contractors to take care of all the work. Mr. Raymond Dulaney, Building Administrator, read from the findings-of-fact which listed several violations for each of the complainants that clearly violated codes of the Contractors' Ordinancel however, he stated that ~o his knowledge, these have all since bee~ corrected. Mr. Richard Morris, Chairman of Contractors' Licensing Board and Mr. Polk Threckle, Vice-Chairman of same, both made statements concerning the time frame involved in which it took for Rogart Corp. to do anything about the formal complaints. They also stressed the fact they did not revoke Rogart's license to do business, rather their qualifier, Gary Antonissen, was the one who had his license and competency card revoked. m '044 rA~~'44.3 November 14, 1978 Mr. Ron Dillon, Assistant County Attorney, reiterated the fact that it took Rogart 4 to 5 months to take care ot the complaints received and that nothing was done until it became apparent the Licensing Board was going to revoke the license. He listed several code violations which were found on the five jobs. Commissioner Wenzel moved, seconded by Commissioner Brown and carr led unanimously 5/0, that the matter be referred back to the Contractors' Li~ensing Board for further review and recommendation based on the new evidence presented (letters from the five complain- ants stating the work is satisfactory) and to bring their recommendation back to the Board next week. RESOLUTION FOR ACQUISITION, CONSTRUCTION AND ERECTION OF THE WATER SYSTEM AND ISSUANCE OF BONDS RE GOODLAND WATER DISTRICT - CONTINUED Utility Director Irving Berzon requested tho matter concerning the resolution for the acquisition, construction and erection of the water system and issuance of bonds for the Goodland Water District be deleted pending further information. The Chairman directed the matter be continued until further notice. EXCAVATION PERMIT BY GLEN RRAPE, JR., FOR PROPOSED LARE APPROXIMATELY 660 FT. WIDE AND 8 FEET DEEP, LOCATED SOUTH OF PINE RIDGE ROAD EXTENSION AND EAST OF AIRPORT ROAD - APPROVED WITH STIPULATIONS Utility Director Irving Berzon stated that approximately 238,000 cu. yards of fill material will be removed in order to obtain general construction material for foundations of new con- struction projects. He further staled the Water Management Advisory Board has reviewed this permit and recommends approval with the following stipulations: 1. The depth of the lake not to exceed 8 ft. bolow existing grade. 2. That the lake bo diked or bermed to prevent water run-off into the lake from the surrounding area; the lake to be self-contained. 3. That the appropriate excavation fee and performance bond be posted prior to the issuance of the permit. 4. That all applicable provisions of County Ordinance 73-12 be adhered to. .. .~ ~ .. November 14, 1978 * * 'It . Commissioner Archer left the meeting at this point -- 11127 A.M. * * 'It * Commissioner Wimer moved, seconded by Commissioner Wenzel and carried unanimously 4/0, (Commissioner Archer absent at the time of the vote) that the Excavation Permit requested by Glen Klape, Jr. be approved with tho stipulations as previously mentioned. EXCAVATION PERMIT BY JAMES T. SWANNER, FOR PROPOSED LAKE LOCATED 400 FT. WEST 01-' ST. CLAIR SHORES RD. - APPROVED St'BJECT TO STIP- ULATIONS Utility Director Irving Berzon stated the proposed lake is to be located in Section 31, Township 49 South, Range 26 East and the purp03e or the excavation is to install a fishing lake Qnd use the fill to raise the elevation of the surrounding propertYI 9,000 cu. yards will be removed from the site. He further stated the Water Management Advisory Board has recommended their approval sub- ject to the following stipulations: 1. That the depch of the lake not exceed 8 ft. below existing grade. 2. That the appropriate exoavation fee and performance bond be posted prior to the issuance of the permit. 3. That all applicable provisions of Ordinance 73-12 be adhered to. * * * 'It At this point, Commissioner Archer returned to the meeting at 11:30 A.M. * * * * Commissioner Wenzel moved, seconded by Commissioner Wimer and carried unanimously 5/0, that the Excavation Permit requested by James T. Swanner be approved subject to the aforementioned stip- ulations. .f.HA . ...."..,..1111 . '-.~."...':'..'. ...,. ........,.. ..,..~. ~~~-~"'~':--"'''''''''''''":'-!''_:''.'''' #.I,._'~' ---....:.:.."'-". -... --=-.....:40"':..~~,....:_.. ~'~~:~z~~r;:.;,~;;:;::;;;~.:z~ ;';'..~.'. ~ma. ~ .-.--....--=-.-----.-.' .-".-' _........ ....... .. ..~_.-. --' ''''r.,_.~ ~.".- ,_::. . ~~;'-""':":;'__,.., .. ~t~~*.f~.:~.:"t't:f....WE!i~,;#;':"iijt::".. .r;~.."';~;.;\;..~~,,.r0/'~~!1m~ ...... .'.__ : C. . --.. .:~"'<~.J.:2."....! ~ . , .. . .""" ~cc~ 044 I"'" A ^~ I,..,...~ November 14, 1978 WATER WELL PERMIT APPLICATIONS BY PELICAN BAY IMPROVEMENT DISTRICT FOR FIVE 4-INCH WATER WELLS - APPROVED SUBJECT TO STIPULATIONS Utility Director Irving Berzon stated that all five of the 4-inch wells being requested will be used for monitoring purposes; four of which are to be located within the Pelican Bay Project and one to be located approximately 3~ miles east of U.S. 41 on Immoka1ee Road. He further stated that the Water Management Advisory Board reviewed the requests and recommends their approval with the following stipulations I 1. That a copy of the driller's log for each well be submitted to the County Utility Director. 2. That a copy of all testing data, including a water analysis for each well, be submitted to the County Utility Director. 3. That the wells be capped and plugged upon completion of tho testing program unless a new permit is applied for and approved. Commissioner Brown moved, seconded by Commissioner Wimer and carried unanimously 5/0, that the five 4-inoh water well permit applications by Pelican Bay Improvement Distriot be approved subject to the aforementioned stipulations. BOARD APPROVES GRANT-IN-AID AGREEMENT WITH SOUTH FLORIDA WATER MANAGEMENT DISTRICT FOR GOLDEN GATE REDEVELOPMENT STUDY Utility Director Irving Berzon explained that the Board previously had entered into an agreement with the South Florida Water Management District on behalf of the Big Cypress Basin of the same nature which will provide for the District matching dollar for dollar up to $25,000 to fund the Golden Gate P~1evelopment Study. Mr. Berzon recommended the Chairman be authorized to execute said agreement. Commissioner Wimer moved, seconded by Chairman Pistor and carried 3/2 (Commissioner Wenzel and Brown dissenting), that the Chairman be authorized to sign the Grant-in-Aid Agreement with the South Florida Wator Management Distriot for the Golden Gate Redevelopment Study. . -'-'~~..~---~_.' November 14, 1978 ANIMAL CONTROL OFFICER PROVIDES STATUS REPORT ON ANIMAL NEGLIGENCE CASE Commissioner Wenzel requested that the Animal Control Officer provide an explanation to complaints received from various persons in that he was negligent in his duty. Mr. Gene Staudenmeier, Animal Control Officer, stated he first received a call on October 10, 1978 from a concerned citizen that horses were being neg1ectod. He went to the property that day with two other officers and surveyed the situation which he said included four horses And five hogs, all of which were undernourished. He further stated he contacted the owner that day who told him that someone was breaking into his feed room and stealing the animal's food. Mr. Staudenmeier said that he contacted a veterinarian who perform~u LesLs 011 the animals and confirmed the diagnosis of mal- nourishment. He noted that at a later time, one of the owners accused the Animal Control Department of trespassing and stealing feed and warned thom not to come on the property again. At this point, he continupd, he stayed in touch with the vet who continued to treat the animals. On November 10, 1978, Mr. Staudenmeier said that he received a call from another veterinarian who had received a complaint that one of the horses was down, at which time he went out again to the property and discovered the horse was dead. Mr. Staudenmeier . stated that the original veterinarian has issued a statement that the owners had not followed the feeding program he set down for them. He further stated that he testJ.J.ied at a hearing all of the evidence and received a pick-up order for the three remaining horses and five hogs, all of which have been transported to the corral in Immokalee for treatment. In answer to Commissioner Wenzel's question, he stated the owners are Attie Ballard, Robert Ballard and L.C. Ballard. ~~~:~i.tatL~~~~~~~"!.~ .~ 044 I'A~~M9 November 1, 1978 Mr. Staudenmeier commented a major problem in impounding neglected animals is that a veterinarian's opinion is required first and suggested the County hire a veterinarian to work for the County in order to speed up impounding processes. ROUTINE BILLS - AUTHORIZED FOR PAYMENT Following Fiscal Officer Harold Hall'. statement that the bills being presented have been processed following established procedures and that funds are available, Commissioner Wimer moved, seconded by Commissioner Brown and carried unanimously 5/0, that the bills be approved for payment as witnessed by the following warrants issued from November 8, 1978 through November 14, 19781 FUND WARRANT NOS. 52151 - 52573 870 - 1311 BCC Payroll County Warrants BUDGET ^I~NDMENT *79-10 RE BUILDING TO HOUSE AUXILIARY POWER SUPPLY GENERATOR ADJACENT TO BUILDING "F" - ADOPTED IN THE AMOUNT OF $16,000 Fiscal Officer Harold Hall stated the purpose of the Budget Amendment is to change the object codes and expenditures of the budget which were previously approved by the Board to house the auxiliary power supply generator adjacent to Building "F" and also to change the original amount of $17,500 to $16,000. Chairman Pistor moved, seconded by Commissioner Wenzel and carried 4/1 (Commissioner Wimer dissenting), that Budget Amendment #79-10 as described by the Fiscal Officer be adopted in the amount of $16,000. * * * * * * * * * * * * 044 fA:~451 November 14, 1978 BOARD APPOINTS COMMISSIONER WIMER AS MEMBER AND COMMISSIONER WENZEL 1\S ALTERNATE TO THE SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL Commissioner Wenzel moved, seconded by Commissioner Brown and carried unanimously 5/0, that Commissioner C. R. "Russ" Wimer be appointed as a member to the Southwest Florida Regional Planning Council. Commissioner Brown moved, seconded by Commissioner Archer and carried unanimously 5/0, that Commissioner Clifford Wenzel be ap- pointed as alternate member to the Southwest Floridn Regional Planning Council. CH1\IRMAN AUTHORIZED TO SIGN AFFIDAVIT CONCERNING THE RECORDING OF CERTAIN DOCUMENTS RE PELICAN BAY UNIT I County Attorney Donald Pickworth stated that on September 19, 1978 the Board entered into an agreement with Coral Ridge-Collier Propertios, Inc. which provided for the construction of paving and drainago improvements by the Developer for Pelican Bay Unit I. He further stated that this agreement was unnecessarily recorded in tho public records and requested that the Board authorize the Chairman to sign an affidavit which acknowledges the inadvertent recordation )f said Agreement. Commissioner Wenzel moved, seconded by Commissioner Brown and :arried unanimously 5/0, that the Chairman be authorized to sign the \ffidavit as described by the County Attorney regarding Pelican B~y Ini t I. .. .. .. . .. * . * * * * * * * . ~~~ November 14, 1978 BOARD WAIVED BIDDING REQUIREMENTS AND AUTHORIZED SHERIFF'S DEPARTMENT TO APPLY FOR GRANT FUNDS FROM FLA. BUREAU OF HIGHWAY SAFETY TO PURCHASE EQUIPMENT. CHAIRMAN AUTHORIZED TO SIGN SAID GRANT APPLI- CATION Deputy Chief Raymond Barnett, Sheriff's Department, requested ho be authorized to apply for a grant from the Florida Bureau of Highway Safety to enter into an intensive traffio enforoement program for a seven-week period during the holiday season, the program to include the purohase of three Speed Guns 8 and to provide for deputies overtime work during this period. Commissioner Wenzel moved, seoonded by Commissioner Brown and carried unanimously 5/0, that the Chairman be authorized to sign the grant application in the amount of $10,101 to the Florida Bureau of Highway Safety. Commissioner Archer moved, seconded by Commissioner Brown and carried unanimously 5/0, that the Board waive the bidding requirements in order to purchase the Speed Guns requested before the holiday season. Commissioner Archer moved, seconded by Commissioner Brown and :arried unanimously 5/0, that the Sheriff', Department be authorized :0 purchase the requested equipment from Southern Polioe Equipment )f Orlando, Florida. * * * * * * * * * * * * * ..- . . ~ November 14, 1978 SUPERVISOR OF ELECTIONS AGREES TO LET "YOUTH IN GOVERNMENT" MEMBERS USE THE NEW VOTING EQUIPMENT AT NO EXPENSE TO THE COUNTY * * * * * At this point in the meeting, Commissioners Wimer and Brown left at 12:00 Noon. * * * * * Administrative Aide to the Board Mary Morgan stated that the Supervisor of Elections has informed her that no expenses will be incurred in letting the Youths in Government students utilize the new voting equipment. Commissioner Archer moved, seconded by Commissioner Wenzel and carried unanimously 3/0, with Commissioners Wimer and Brown absent, that the Board rescind their previous action earlier in the day and authorize tho students to use the new voting equipment. BOARD APPROVED OUTLINE OF DATES OF TRANSFER FOR BOARD'S CHAIRMANSHIP !"OR TilE NEXT TWO YEARS Administrative Aide to the Board Mary Morgan presented the following outline of dates of transfer for the Board's chairmanship for the coming two yearsl Commissioner Brown Commissioner Wenzel Commissioner Archer Commissioner Pistor Commissioner Nimer 11/21/78 - 5/22/79 5/22/79 - 11/20/79 11/20/79 - 5/20/80 5/20/80 - 11/18180 11/18180 - 5119/81 Commissioner Wenzel moved, seconded by Commissioner Archer and :arried unanimously 3/0 with Commissioners Wimer and Brown absent, hat the Board approve the outline of dates of transfer for the ;onrd 's chairmanship for th~ "'~xt two years as presented by the dministrative Aide. EVISED FEE SCHEDULE FOR THE HEALTH DEPARTMENT AS OUTLINED BY THE EALTH DIRECTOR - APPROVED * * * At this point, Commissionor Brown returned to the meeting at 2:02 P.M. * * * November 14, 1978 Administrative Aide to the Board Mary Morgan stated the Health Director is requesting three minor changes in the existing Schedule of Fees for the Health Department. Commissioner Archer moved, seconded by Commissioner Brown and carried unAnimously 4/0, Commissioner Wimer absent, that the Board approve the revised Fee Schedule for the Health Department as presented by the Administrative Aide. CERTIFICATES FOR CORRECTION FOR THE 1978 TAX ROLL - APPROVED Commissioner Wenzel moved, seconded by Commissioner Archer and carried unanimously 4/0, with Commissioner Wimer absent, that the following Certificates for Correction on the 1978 Tax Rolls be approved and that the Chairman be authorized to sign same: NOS. 1978 Personal Property 11- 13 1978 Personal Property 14 - 17 1978 Personal Property 18 1978 Personal Property 19 ~ November 6, 1978 November 8, 1978 November 9, 1978 November 13, 1978 GROUP INSURANCE AMENDMENT '10 AUTHORIZED FOR EXECUTION Administrative Alde to the Board Mary Morgan explained that Amendment '10 is required to revise the coordination of benefits section to include coordination with "no fault" auto insurance. Commissioner Archer moved, seconded by Commissionor Brown al.d carried unanimously 4/0, with Commissioner Wimer absent, that the proposed Group Insurance Amendment '10 be adopted and that Chairman be authorized to sign Baine * * * * * . * * * * . . c\ ~.. _ ~".. . _ .... ,.__, ,__'. ~.~ -' '~~ '-'-~~~,,." r~t ~~~~j~a~~~}i~i~-=' .~..... --2-t;;.:J::. .. .......... -. ~ . .. . . .._1.... _..... ". .. .... . , . .. . .__ ... J. ... ..... November 14, 1978 CHAIRMAN AUTHORIZED TO SIGN APPROPRIATE BONDS FOR ELECTED OFFICIALS RESULTING FROM THE GENERAL ELECTION IN NOVEMBER, 1978 Commissioner Archer moved, seconded by Commissioner Brown and carried unanimously 4/0, with Commissioner Wimer absent, that the Chairman be authorized to sign the appropriate bonds for the following elected officials {from the November, 1978 General Election)s C. R. "Russ" Wimer, Jr. elected to Board of County Commissioners F. Clifford Wenzel elected to Board of County Commissioners Robert E. Lindabury elected as member of the Board of Commissioners re Collier Mosquito Control District Thomas V. Porter elected as member of Board of Commissioners re Collier Mosquito Control District Edward J. Oates, Jr. elected member of Board of Commissioners re Collier Mosquito Control District . . . . . . . . . . . . . . . . . * * * * * 6Cr.~ 044 rA~:473 November 14, 1978 BOARD AUTHORIZES WAIVER OF COLLECTING AMOUNTS OUTSTANDING RE INTEREST CHARGES ON ASSESSMENTS FOR SEWER DISTRICT SERVICE AREA "Aft Referring to outstanding interest charges on assessments for sewer district service Area "A", Utility Director Irving Berzon stated that front foot assessments for individual property owners could have been made by 6/6/77 in order to avoid payment of interest; and that 107 accounts, owing a total of $1,769.50 were not paid on time due to the newness of the system at that time. He suggested the Board waive the collecting of amounts outstanding in reference to only those charges resulting from the delinquency in making the first payment as mentioned above. Commissioner Wenzel moved, seconded by Commissioner Archer and carrie~ unanimously 4/0 with Commissioner Wimer absent, that the Board waivo tho collecting of amounts outstanding re interest charges on assessments for Sewer District Service Area "A" which were due on 6/6/77. DISCUSSION RE LETTER DATED 10/25/78 FROM OSCEOLA COUNTY REQUESTING THAT THE LEGISLATORS ALLOW RESORT TAX MONIES TO BE USED FOR POLICE, AMBULANCE, AND FIRE SERVICES - NO ACTION TAKEN .. Administrative ^id~ to the Board Mary Morgan stated a letter was recoived from Osceola County dated 10/25/78 t.o tho BCC requesting thnt the Legislators allow tho resort tax monies to be used for police, ambulance, and fire services and requested the BCC to consider a similar resolution. After a brief discussion, the Chair directed that no action be taken on this matter. UTILITY DIRECTOR PROVIDES STATUS REPORT REGARDING PROPERTY LOCATED IN THE GOLDEN GATE AREA WHICH MAY BE ACCEPTABLE FOR THE MY HOME PROJECT Utility Director Irving Berzon noted that the directors for the MY HOME project have received a letter from GAC regarding the propert~' in Golden Gate being considered as the homesite for the project. He stated the letter asks who will accept the deed, what is the purpose .. ._- - - ~ .~ November 14, 1978 of the project, and when construction will start? Mr. Berzon noted that the letter was answered by the project director and he will be continuing negotiations with GAC, as GAC is obligated to give a designated amount of land to the County to be used for public purposes. LAKE TRAFFORD CEMETERY DEED NO. 176 - ACCEPTED FOR RECORDATION Pursuant to action of the Board January 10, 1978 wherein the Chairman was authorized to sign various deeds to Lake Trafford Memorial Gardens cemetery 10tB aB the need ariBes, the following Deed No. 176 was recorded and filed for the record I * * * * * * * * * * . . . * . . * . . . * . n"A . ""~.-"_.^ ..~ .....-.:......... -~'...-. .'. ,...... ....... ..... ,'''' . -'-~'" ~..............._. '.-.l.--_--_.___...__..__,,_.._ ...............-..--._. .-.,........,,_. ......~ , ~ ___ . . .................. _.. ,''''".-r....,.... ~ . _'.. -y .\. ;', " ... '__ , .. "~ LL ~ ~ ,.. - 1:1 November 14, 1978 15. P.S.C. Noticel Docket '780861-CI rp a general investigation into the household goods industry, filed. 16. P.S.C. Notice: Docket '780869-CCT for transport of animals within the State of Florida, filed. 17. DER Noticel Review of proposed additions to tho Fla. Admin- istrative Code, announcing public hearing on same; xc to Utility Director, County Engineer, and Environmentalist; filed. 18. DOT Findings regarding rules to rogulate solicitation of contributions for religious purposes on Sunshine State Park- way, interstate highway system, rest areas, wayside parks, and welcome stations; filed. 19. Copy of Social Services October, 1978 report of assistance givenl filed. 20. Reports received for inspections of the Sheriff's jail, the Immokalee sub-station and the stockade, filed. 21. HUD Notice re FY 79 competition for Community Development Block Grant Programs - xc to Rich Woodruff; filed. 22. Invitation dated 11/7/78 from the City of Naples for the dedication of their public safety building on Tuesday, 11/14/78 at 9:00 A.M.; filed. 23. Clerk's Report for October, 1978 for fines, forfeitures, and convictions, filed. WORKSHOP SESSION TO BE HELD MONDAY, NOVEMBER 20, 1978 AT 9:00 A.M. Chairman pistor announced there will be a Workshop Session on Monday, November 20, 1978 at 9:00 A.M. '" . . . '" Thore being no further business for the good of the Cnunty, the meeting was adjourned by order of the Chair - Time 12110 P.M. BOARD OF CO~TY COMMISSIONERS lEX OFFICIO GOVERNING BOARDCS) OF SPECIAL DI~TRICTS UNDER ITS CONTROL Q,~ PISTOR, CHAIRMAN )\T~Ii~.f~ 1'. ~~ILLIl\M ,,,~~AGAN~' CLERK ~~~ /[ " .:. - ..n.... ? .~. . ~.' ,.' ,.'......... , " ,"",' . , } ~ '... - ~~.:..~- ,.. H. .~A~;:'41l :w. :.. '. . ~ " . r '. ...;.n ; ',' ',.. ._,tc...,~. "__"..,. . .. ....;.....c ;,,'~'~':"':"~I;'-k~.i:.~.';m'~.lQ:iiIh~""" I'~; ,.,-.-,.. :--".-'" "',!"'-?-"t".~-.-.._."_. '.-......,-,' ...:~'-::. -~~~"."