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BCC Minutes 04/20/1982 R ..---.,,,. Naples, Florida, April 20, 1982 LET IT BE Rr~EMaERED, that the Board of County Commissioners in and for the County of Collier, and also acting AS the ßoard of %oninq Appeals and as the governing bo~rd(s) of such Rpecial di~trlcts as have been created according to law and having conducted business herein, met on this date at 9:00 A.M. in Regular Session in Building -F- of the Courthouse Î.omplex, East Nðples, Florida, with the following members p.esent: CHAIRMAN: C. R. -Russ- Wimer VICE CHAIRMAN: M.!3ry-Frances Kruse John A. pi sto r Clifford Wenzel David C. Brown ,)..LSO PRESENT: Williðm J. Reagan, Clerk; James"::. Giles, Fiscal 0fficer; Maureen Kenyon, Deputy Clerk; Donald pickworth, County Attorney; Irving Berzon, Utilities Manager; C. william Norman, County "llL"'\.:I') CHI Christopher L. "olloy, Administrative Assistant to the County Managerl Clifford Barksdale, Public Works Administrator; Terry Virta, Community Development Administrator; Edward Smith, Administrative Services Admin~strator; Donald Norton, Publi~ Services Administrator; Lee Layne and Tom McDaniel, Planners; Grace Spaulding, Administrative ,)..ido to the Board: <lnd, Deputy Chief Ray B.!Hnett, Sheriff's Department. pag e 1 MJ~ "088 rIot..' 553 ao()~ 068· PACE 558 April 20, 1982 "'GENDA - APPROVED ~ITH THE FOLLOWING CHANGES: Commissioner Wenzel moved, seconded by Commissioner pistor and carried unanimously, that the agenda be approved with the following changes I a. Proclamation for Mental Health Month deleted. b. Proclamation for the Lions Club added. c. Item 966 added ro aW3rding of contract for curbing median strips on Marco Island. d. Addition of request for waiver of purchasing Policy for $2,558 for pipe components and fittings for the County Sewer Area ..... treatment plant. e. Addition re Glade~ Utilities lacK of response in connection with requirements of the Ordinance regarding a franchise. f. Addition re authorization of the Chairman's execution for the Feder~l Government grant application for $16,000 to assist in the computer equipment between Collier County and Tallahassee. ** These items were added by the County Attorney during ~~e meeting. 1. Resolution providing for the provisions of the emerg~ncy ordinance if adopted. 2. Authorization for settlement with a former County employee. EMPLOYEE SERVICE "WARDS PRESENTED Chairman Wimer presented the following employees with service awards for their years 0: service to th~ County as indicated belowl Joyce Campo - Comm Dev/?lanning Tech. Dale Wood - Road' Bridge Robert Dunivan - Trans/Traffic Eng. Kenneth Mobley - Road & Bridge/Mechanic 5 year5 5 years 5 years lO years Page 2 . . I -' ~ "....--..-- '-"'--'--"-"-"'''''''',,,,,,, " April 20, 1982 PROCL,)..MATION ADOPTED D~SIGNATING THE WEEK OF MAY 1-7, 1982 AS -RESPECT FOR LAW WEEK-. Commissioner Wenzel read the proclamation and Commissioner Pistor ~oved, seconded by Commissioner Kruse and carried unanimously, that the proclamation designating the week of May l-7, 1982 as -Respect for Law Week-, be adopted. Chairman Wimer presented said proclamation and thanked the representative of the Optimist Club for their continued efforts in supporting programs to combat crime and disrespect for the law. Pag. ~ ~OOK 008 PACE 559 ----,"" '"-..,,, April 20, 1982 PROCLAMATION ADOPTED DESIGNATING MAY, 1982 ~S -OLDER AMERIC~N'S MONTH- Commissioner Brown read the proclamation and Commissioner Wenzel ~ov.d, seconded by Commissioner pistor and carried unanimously, that the proclamation designating the month of May, 1982 as -O!der American's Month-, be adopted. Chairman Wimer presented said proclamation to Mr. Egcn Hill, Area Council on AgIng, and thanked him for the efforts and support of the older citizens of the community. ~OO( 068 PACE ~ . ~ . .,' _-'t ....' Page . Apr 11 20, 1982 PROCLAMATION ADOPTED RECOGNIZING THE LIONS CLUB FOR THEIR -LIGHT FOR SIGHT- CAMPAIGN. Chairman Wimer read and presented the proclamation to a representative of the Lions Club, thanking them for their efforts in the sale of light bulbs for the restoration and improvement of sight. Commissioner Brown moved, seconded by Commissioner pistor and carried unanimously, that the proclamation recognizing the Lions Club for their -Light for Sight- campaign, be adopted. paq. S ~OOK 068 fACE $3 <-" ---... --.......-- April 20, 1982 ORDINANCE 82-24 RE PETITION R-8l-29C, COLLIER DEVELOPMENT CORPORATION REQUESTING REZONING FROM ·C-4· , -RMF-6- TO -PUD- FOR ^ COMMERCIAL SHOPPING CENTER AT THE NW CORNER OF U.S. 41 AN:) VANDERBILT BEACH ROAD ADOPTED, SUBJECT TO STIPULATIONS AND AMENDMENT OF THE PUD DOCUMENT PER THE PETITIONER'S AGREEMENT. Leqal notice having been published in the Naples Daily News on February l2, 1982, as evidenced by Affidavit of publication previously filed with the Clerk, public h~aring was continued from March 16, 1982 to consider petition R-Bl-29C, Collier Developme~t Corporation requesting rez~ning from -C-4- , -RMF-6- to -PUD- for a commercial shopping center for 20 acres located at thft NW corner øf U. S. 41 and t Vanderbilt Beach Road. Lee Layne, Planner, gave the general location on an overhead map as being north of Naples Park, adding that the petition has been reviewed by all County agencies and received no objections subject to the stipulations in the executive summary. She reported that the Planning Commission held their ~eeting on March 18, 1982 and recommended that two changes be made to the PUD document, adding that one of the original stipulations was that ð left turn lane be required at the westerly entrance. She stated that, since it is a temporary entrance, it was recommended that it be removed at the time of the expansion of the center. Also recommended was that the 17.5' right-of-way be changed ~o a 17.5' easement since 135' right-of-way is not required, and that.there be more restrictive sign languag~ ~~~~d. She reported tnðt, in addition, there was a revised memo received from the Utilities Manager stating that if the project is not underway or completion is estimated to be greater than six months, the or1ginal Pa9 e 6 MO~ 068 PACE ~ ... April 20, 1982 M()~ œs PACE 566 stipulations of the Utilities Manager woulð 90vern, further noting that if it is to be within four months of the request to hook up to the county system, a temporary on-site plant could be used and there would be no requirements for dedication of the land or the equipment to the County. She concluded by stating that the Planning Commission recommended approval subject to the stipulations, as amended. There being no further discussion, Commissioner Wenzel moved, seconded by Commi~sioner pistor and carried unanimously, that the public hearing be closed. Commissioner pistor moved, seconded by Commissioner Wenzel and carried unanimously, that the Ordinance as numbered and entitled below be a~opted, subject to stipulations and amendment of the PUD document as per the petitioner's agreement, and entered into Or~inance Book 15: ORDINÞNCE 82-24 AN ORDINANCE AMENDING ORJINANCE 82-2, THE COMPRE- HENSIVE ZONING REGULATIONS fOR THE UNINCORPORATED AREA OF COLLIER COUNTY BY AMENDING THE ZONING ATLAS MAP NUMBI:;R 48-25-8 BY CHANGING THE ZONING CLASSI- FICATION OF THf. HEREIN DESCRIBED PROPERTY FROM -C-4- & "RMF-6- COMMERCIAL AND MULTIFAMILY TO -PUD- PLANNED UNIT DEVELOPMENT FOR THE PROPERTY KNOWN AS THE PAVILIO~ SHOPS: PART OF SECTION D, TOWNSHIP 48 SOUTH, RANGE 25 EAST; AND BY PROVIDING "'N EFFECTIVE DATE. ORDINANCE 82-25 RE PETITION R-BI-JOC, LELY ESTATES, INC., REQUESTING REZONING FROM -A-2- Þ~D -A-ST- TO -PUC- FOR A RETIREMENT COMMUNITY TO BE KNOWN AS -LELY PALMS OF NAPLES- - ADOPTED, SUBJf.CT TO STIPULATIONS AND AMENDMENT OF THE PUD DOCU~ENT PER THE PETITIONER'S AGREEMENT. Legal notice having been publi3hed in th~ Napl"s Daily News on March 19, 1982, as evidenced by Affidavit of publication filed with the Clerk, public hearing w~~ opened to consider petition R-81-30C, Lely Page 7 . . I . .....,.,. ~." ---,_.,.,. AprU 20, 1982 Estates, Inc., requesting rezoning from -A-2- and -A-ST- to -PUD- for a 23.5 acre group retirement community to be known as -Lely Palms of Naples- located east of St. Andrews Boulevard, on the south side of Rattlesnake Hammock Road. Lee Layne, Planner, indicated the general location of the property on an overhead map, stating that the petitioner wishes to develop a group retirement community with 296 dwelling units and a l20 bed health center at ð density of l4.2 dwelling units per acre. She reported that the petition has been reviewed by all County agencies and has received no objections subject to the stipulations in the executive summary. Mr. Richard Henderlong of Wilson, Miller, Barton, SoIl ¡ Peek, representing Retirz~ent Corporation of America and the local sponscring agency, Naples Retirement, Inc. stated that he was available to answer any questions, adding that all stipulations are agreeabl~. , Mr. Carl Westman of Naples Retirement, Inc., stated that he was also available to answer any questions and Mr. Dan Bruns stated that he was in charge of development and acquisition for Beverly Enterprises. There being no discussion, Commissioner Wenzel moved, seconded by Commissioner pistor and carried unanimously, that the public hearing be closed. Commissioner Pistor moved, seccnded by Commissioner Wenzel and carried unanimously, that the Ordinance as numbered and entitled below be adopted, subject to stipu~ations and amendment of the PUD document per the petition~r's agreement, ~nd enter~d into Ordinance Book 15: Page 8 'p,0()~ 068 rm $1 l\pril 20, 1982 MOK 068 PACE 568 ORDINANCE 82-25 AN ORDINANCE AMENDING ORDINANCE 82-2, THE COMPRE- HENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY ßY AMENDING TilE ZONING ATLAS MAP Nu/·1BER 50-26-5 BY CHANGING THE ZONING CLASSI- FICATION OF THE HEREIN DESCRIBED PROPERTY FROM -A-2- AGRICULTURE TO -PUD- PLANNED UNIT DEVELOPMENT FOR THE PROPERTY KNOWN AS LELY PALMS OF NAPLES: PART OF SECTION 2l, TOWNSHIP 50 SOUTH, RANGE 26 EAST; AND BY PROVIDING AN EfFECTIVE DATE. ORDINANCE 82-26 RE PETITION R-82-2C, COMMUNITY DEVELOPMENT DIVISION REQUESTING REZONING FROM -RT- TO -RMF-16- FOR APPROXIMATELY 50 ACRES ON TilE WEST AND EAST SIDE OF NORTH COLLIER BOULEVARD ON MARCO ISLAND - ADOPTED. Legal notice having been published in the Naples Daily News on March 19, 1982, and the Marco Island Eagle on MiHCh 25, 1982, as evidenced by Affidavits of Publication filed with the Clerk, public hearing was opened to consider petition R-82-2C, Community Development Division, requesting rezoning from -RT- to 'RMF-l6- for approximately 50 acres located south of Residents Beach and north of the Marriott Hotel on the west side of North Collier Boulevard, and from the Mariner to the Mutiny on the east side of North Collier Boulevard on Marco Island. Lee Layne, Planner, st~ted that this area has been reviewed and is all multi-family areas which should be zoned RMF-16, adding that the density will not change for this area. She concluded by reporting that the Planning Commission recommended approv~l of this petition. Mr. rrank B. Tarbert, resident of Marco Island representing Mr. Johannes M. Schalekamp, owner of Lots 1, 2, and 3, Block 171, Unit 7, Marco Beach Suhdivision, stated that the owner has requeste" that the 'Ri' zoning be left intact, particularly as it applies to his property, Page 9 ø . I . ".--... ,. "'7.7' April 20, 1982 .. he eventually plans to develop the property into a condominium .partment complex to include certain retail services now permitted under the -RT- zoning. Mr. Tarbert replied that as a realtor and resident of Marco Island he feels the same as Mr. Schalekamp. Mr. Leonard F. Llewellyn, l74 South Collier Boulevard, stated that he feels it is totally wrong ror the Board to rezone the property, adding that it was designated and zoned from the inception of Marco Island as Residential Tourist which includes hotel and motel, adding that by rezoning, the .property would be down-zoned and econom~. ally damaged. He asked what the primary reason was for changing the zoning, to which Lee Lðyne "replied that there were residents on the west sid'!t of North Collier Boulev~rd that wer~ concerned that their units would turn into hotel/motel units or time share units, adding that they wanted the protection that this would not happen. She stated that by changing the zoning to -RMF-l6-, they would have the protection as tha area is built and developed as multi-family units. Captain A. E. H3rned, 16l South Collier Boulevard, stated that this change would be detrimental to the property owners because of the traffic situation. Chairman Wimer stated that he felt Captain Hatned was confused with the issue as the zoning would conform with the buildings that are already there, changing it from -RT- to residential. There b~ing no further discussion, Commissioner Wenzel moved, seconded by Commissioner Pistor and carried unanimously, that the public hearing be closed. pa 9 e 10 &O~K. oæ PA~i 569 . , . "'pdl 20, 1982 ".. . &OQK 068 PACE 570 Commissioner pistor moved, seconded by Commissioner Wenzel and carried unanimously, that the Ordinance as numbered and entitled below be adopted and entered in Ordinance Book lSI ORDINANCE 82-26 AN ORDINANCE AMENDING ORDINANCE 82-2, THE COMPRE- HENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY OY AMENDING THE ZONING ATLAS MAP NUMBERS MI-5 AND MI-lO BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED PROPERTY FROM "RT"-RESIDENTIAL TOURIST TO "RMF-16- MULTI- FAMILY: LOTS 27 , 28, BLOCK 223: TRACT F OF BLOCK 236: LOTS 1-8, BLOCK 17l, MARCO BEACH SUBDIVISION, AND THOSE LANDS LYING SOUTH OF THE Rr.SIDENTS BEACH AND NORTH OF TilE MARRIOTT MARCO BEACH HOTEL ON THE WEST SIDE OF NORTH COLLIER BLVD. ON MARCO BEACH, AND BY PROVIDING AN EFFECTIVE DATE. ORDINANCE 82-27 RE PETITION R-82-7-C, VECELLIO' GROGAN REQUESTING REZONING FROM "E" TO "A-2" rOR 18 ACRES LOCATED ON I1UNTERS ROAD. ADOPTro, SUBJECT TO STIPULATIONS PER THE PETITIONER'S AGREEMENT. Legal notice having been published in the Naples Daily News on March 19, 1982, as evidenced by the Affidavit of publication filed with the Clerk, public hearing ~as opened to consider Petition R-82-7-C, Vecellio' Grogan requesting rezoning from -E- to -A-2- for 18 acres lor ~ted on Hunters Road, one mile north of pine Ridge Road Extension. Lee Layne, Planner, gave the general location as being northwest Golden Gate Estates, adding that this change would reduce the density. She concludad by stating that the petitioner agrees to re:~ne thÐ land back to "E" £stat~s once the excavation is complete and als~ agrees to the other staff stipulations per the signed agree~ent. Mr. Gordon Hurst, 6310 Hunters Road, stated that he owns five acres directly across from the proposed pit for I-75. adding that he has a ?etition from 60\ of the landowners and prospective builders Page II , . I '.. -" -..-... , .-- ~_.._..~ .~. -,-,.,,--~~""---" .' '&'prll 20, 19R2 yithin the area stating that they are cpposed to the excavation pit because of the pollution increase, saltwater intrusion within the yells, dangerous water hazards for children, the decrease of property :":.: ~ values and the increase of rodent ~nd insect infestation. He stated that the fill is taken from these areas because the property can be purchased at a reasonable price and the fill can be sold for ð good ~onetary value, adding that in years to come these pits leave the neighborhoods disgraceful as they end up as garbage dumpS. Commissioner Wenzel questioned if the pits will be sold for future development, to which L~e Layne replied that the lake would have to be backfilled to form an irregular contour and then residr.ntial housing could be backed up to the lakes. Mr. Tom Peek of Wilson, Miller, Barton, Soll & Peek, representing Vecellio' Grogan as the project engineers, stated that this particular parcel was originally zoned Agriculture until the new zoning ordinance changed it to "E". He reported that by changing this property to -[-2-, it now requires that the property be rezoned to -A-2- for the excavation permit with the understanding that there will be a request to rezone the property back to "E" upon completion of the excavation pit. He noted that there is an existing fesidential structure on part , of the property which will remain as the lakes have been shaped to leave land around the house so that when the pit i~ finished, the property will be saleable with a residential structure sitting between two lakes. Commissioner ¡(ruse questioned whe::her these pit~ are temporary or permanent, to which Mr. Peek stated that these pits life temporary, Peg e 1 2 ~O:I ~o .,.,511 'fIIIJO "/I.L " . ¡ ^prll 20, 1982 M01: 068 PACE 572- adding that the life of this excavation is one year and possibly eighteen months if there is an extremely wet summer this year. Commissioner pistor questioned the depth of the lake and the saltwðter intrusion, to which Mr. Peek replied that the depths of the lakes would be 20 feet from existing ground surface, ðdding that during the dry season there would be approximately l5 feet of water and in the rainy season the lðke may be full. He reported that from the saltwater intrusion standpoint, the groundwatcr hydrologists cannot project from their r~cofds any way that saltwater intrusion ~ould occur because of this excavation, adding that 20 feet down there are ~o barrier layers being broken which would separate saltwater from freshwater if there is any saltwater in that area. He stated that he has no concern regarding saltwater intrusion because of the excavation. He noted that the excavation will not be pumped during construction, adding that it will be dug in thp. wet with draglines which means thero will be no lowering of the watertable because of the cxcavation. Commissioner Pistor queHtioned thc fill regarding the slopes, to which Mr. Peek stated that the ordinancc requires that the maximum side slope be three horizontal to one vertical. Therc being no further discussion, Commissioner Wenzel moved, seconded by Commissioner Brown and carried unanimously, that the public hcaring be clo5ed. Commissioner pistor moved, seconded ~y Commissioner Wenzel and carried unanimously, that the Ordinance as numbered and entitled below, Pat; e l) , . I . . c-;:·S ..1-'~~1 April 20, 1982 subject to the stipulation that the petitioner apply for rezoning back to "E-, once the excavation is complete, be adopted and, entered into Ordinance Book l5: ORDINANCE 82-27 AN ORDINANCE AMENDING ORDINANCE 82-2, THE COMPRE- HENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED "'REA OF COLLIER COUNTY BY AMENDINr. THE ZONING ATLAS MAP NUMBER 49-26 BY CHANGING THE ZONING CLASSIFI- CATION FROM -E- - ESTATES TO -A-2" AGRICULTURE FOR THE FOLLOWING DESCRIBED PROPERTY: PART OF THE SE l/4 OF SECTION 6, TOWNSHIP 49 SOUTH, RANGE 26 EAST; AND BY PROVIDING AN EFFECTIVE DATE. ORDINANCE 82-28 RE PETITION R-82-1-I, ROBERT SHELLABARGER AND COMMUNITY DEVELOPMENT DIVISION REQUESTING REZONING FROM "A-2- TO "MHSD- FOR THIRTY ACRES LOCATED AT THE WEST END OF IMMOKALEE DRIVE IN IMMOKALEE - l\DOPTED. Legal notice having been published in the Nðples ·Daily NP.W8 on March 19, 1982, and the Immokalee Bulletin on March 25, 1982, as evidenced by Affidavits of publication filed with the Clerk, public h~aring was opened to consider Petitio~ R-82-l-I, Robert Shellabarger and Community Develorment Division, requesting rezoning from "A-2- to -MHSD" for thirty acres located at the west end of Immokalee Drive in Immokalee. Lee Layne, Planner, indicated the general location as being l/4 mile south of Lake Trafford Road at the west end of Immokalee Drive, addin~.that this is to correct an error made during the Comprehensive Rezoning hearings on January 5, 1982. She concluded by stating that the IAPC held their public hearing and recommended approval of this petition. There being no discussion, Commissioner Wenzel moved, seconded by Page ~.4 ~oo~ ~ PACE 5'7S MOX 008 rACE 574 April 20, 1982 Commissioner Brown and carried unanimously, that the public hearing be close". Commissioner Brown moved, seconded by Commissioner Wenzel and carried unanimously, that the Ordinance as numbered and entitled below be adopted and entered into Ordinance Book 15: ORDINANCE 82-28 AN ORDINANCE AMENDING ORDINANCE 82-2, THE COMPRE- HENSIVE ZOtJING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY BY AMENDING THE ZONING ATLAS MAP NUMBER 46-29-9 BY CHANGING TH~ ZONING CLASSI- F ICATION OF THE FOLLOWING DESCR IBED PROPERTY FROM "A-2" RURAL AGRICULTURf. TO THE "MHSD" MOBILE HOME SUBDIVISION: EAST 3/4 OF SW 1/4 OF SW 1/4 OF SECTION 32, TOWNSHIP 46, RANGf 29, AND BY PROVIDING AN EFFECTIV£ DATE. ORDINANCE 82-29 RE PETITION ZO-82-l, BOARD OF COUNTY COMMISSIONER~ REQUESTING AN AMENDMENT TO TilE ZONING ORDINANCE TO ESTABLISI! REQUIRE- MENTS FOR LOCATION OF nECREATIONAL AND COMMERCIAL VEHICLES IN TilE COASTAL AREA PLANNING DISTRICT - ADOPTEu. Legal notice having been published in the Naples Daily News on March 31, 1982, as evidenced by Affidavit of publication filed with the Clerk, pub1tc hearing was opened to consider Petition ZO-82-l, Board of County Commissioners requesting an amendment to the zoning ordinance to establish requirements for the location of recreational and commercial vehicles in the Coastal Area Planning District. Lee Layne, Planner, statcd that this amendment would replace the previous Coastal Area zoning Ordinance restrictions for location of RV's and commercial vehicles, adding that this 3mendmcnt would a~!~ct only residentially zoned areas in the Coastal Area Phnn i ng District and would not affect anY areas in the Immokalec Areð planning District. She concluded by s tat i ng that the C"'PC and the I A PC held their hea r1 ng Page 15 I . I April 20, 1982 and recommended approval of Petition ZO-82-l. There bei~~ no discussion, Commissioner Wenzel moved, seconded by Commissioner Brown and carried unanimously, that the public hearing be closed. Commissioner Wenzel moved, seconded by Commissioner pistor and carried unanimously, that the ordinance as numbcred and entitled below be adopted and entered into Ordinance Book lS: ORDINM';CE 82-29 AN ORDINANCE AMENDING ORDINANCE 82-2, THE COMPRE- HENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREAS OF COLLIER COUNTY BY ADDING A NEW SECTION 8.50 - REQUIREMENTS FOR LOCATION OF RECRFATIONAL VEHICLES AND BY ADDING A NEW SECTION 8.Sl, RE- QUIREMENTS FOR LOCATION OF COMMERCIAL VEHICLES WITHIN THE COASTAL AREA PLANNING DISTRICT; BY ^MENDING SECTION 20-DEFINITIONS BY ADDING COASTAL PLANNING DISTRICT, COMMERCIAL-EQUIPMENT, COMMERCIAL-VEHICLE: AND MAJOR RECREATIONAL EQUIP- MENT AND BY PROVIDING AN f.FFECTIVE ~ATE. ORDINANCE 82-30 RE PE'l'ITION ZO-82-2, BOARD OF COUNTY COMMISSIONERS REQUESTING AN AMENDMENT TO TH~ ZONING ORDINANCE ESTABLISHING REQUIRE- MENTS FOR PLACEMENT OF MOBILE IIOMES AND TRAVEL TRAILERS IN A-l AND A-2 , DISTRICTS AND DELETING MOBILE HOMES AS ACCESSORY AND PRINCIPAL USES IN THE A-l AND A-2 DISTRICTS, RESPECTIVELY - "DOPTED. Legal notice having been published in the Naples Daily News on March 3l, 1982, as evidenced by Affidavit of publication filed with the Clerk, public hearing was opened to consider petition ZO-82-2, Board of County Commissioners, requesting an amendment to the zoning ordinance establishing requirements for plðcement of mobile homes and travel trailers in A-I and A-2 Jistrict3 and deleting mobile homes as acces- sory and principal uses in the A-I ðnd A-2 dIstricts, respectively. Lee Layne, Planner, indicated that this amendment would place the pðqe 16 &OO~ œs PA&E 575 , April 20, 1932 ·~oc~ œs PACE 576 original restrictions of mobile homes and travel trailers as they were in the original Coastal Zoning Regulations, adding that they would be allowed for thr~e years with ön agricultural use while a permanent residence is being built. She reported that this amendment would affect both the Coastal and Immokalee Planning Districts. She concluded by noting that the CAPC and the IAPC recommended approval of this petition. Commissioner Wenzel moved, seconded by Commissioner Brown and carried unanimously, that the public hearing be closed. Commissioner Wenzel moved, seconded by Commissioller Kruse and carried unanimously, that the ordinance as numbered and entitled below be adopted and entered into Ordinance Book l5: ORDINANCE 82-30 AN ORDINANCE AMENDING ORDINANCE 82-2, THE COMPRE- HENSIVE ZONING REGULATIONS OF COLLIER COUNTY, FLORIDA BY DELETING MOBILE HOMES FROM SECTION 7.8 AND 7.9 AND BY ADDING PROVISIONS FOR TEMPORARY MOBILE HOMES AND TRAVEL TRAILERS TO SECTION 7.8 "'ND 7.9; AND BY PROVIDING AN EFFECTIVE DATE. ORDINANCE 82-31 RE PETITION ZO-82-3, BOARD OF COUNTY COMMISSIONERS AND .COMMUN ITY DEVE'LOPMENT DI VI.> ION REQUESTING AN AMENDM ENT TO THE ZON UlG ORDINANCE TO PROVIDE fOR A ~OBILE \lOME OVERLAY DISTRICT - ADOPTED. Legal notice having been published in the Naples Daily News on March 3l, 1982, as evidenced by Affidavit of publication filed with the Clerk, public hearing was opened to consider petition 20-82-3, Board of County Commissioners and Community Development Division requesting an amendment to the zoning ordinance to provide for a mobile home overlay di~trict. Lee Layne, Planner, reported that the Board and staff realize that Page 17 . . I .' April 20, 1982 there are some areas of A-l and A-2 lands that may be suicable for mobile homes and a single family mix, adding that this overlay would allow for that provision. She stated that the minimum zoned overlay area would be 40 acres and must be petitioned by 50\ plus one of the property owners within the proposed overlay area. She noted that a companion petition R-82-2-I, covers the proposed Mobile Home OVerlay areas, which includes the prior Immokalee Area Planning District and Floridian Farm Sites ðrea. She concluded by reporting that the CAPC ~nd the IAPC recommended approval of petition ZO-82-3. There being no discu3sion Commissioner Wenzel movcd, s3condcd by Commissioner Brown and carried unanilflously, that the public hearing be closed. Commissioner Wenzel moved, seconded by Commissioner Brown and carried unanimously, that the ordinance as numbered and entitled below be adopted and entcred into Ordinance Boor 15: ORDINANCE 82-31 "'N ORDINANCE AMENDING ORDINANCE 82-2, THE COMPRE- HENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED "'REA OF COLLIER COUNTY, FLORIDA BY ADDING A NEW SECTION 9.10 - SPECIAL REGULATIONS FOR PLACEMENT OF MOBILE HOMES IN A-l AND A-2 DISTRICTS: AND BY PROVIDING AN EFFECTIVE D^TE. ORDINANCE 82-32 RE PETITION R-82-2-I, COMMUNITY DEVELOPMENT DIVISION REQUESTING PLACEMF:NT OF TilE -MH-MOBILE HOME OVF:RLAY DISTRICT- ON A-l "'ND A-2 LANDS WITHIN THE PRF:VIOUS EXISTING JMMOKALEE ARF:^ PLA~JNING DISTRICT AND ~80 ACRES OF LAND LOCATED SEVfN MILES EAST OF 95l AND TWO MILES NORTH OF ALLIGATOR ALLEY - ADOPTED Legal notice having been published in the Naples Daily News on March 19, 1982, ðnd the Immokalee Bulletin on March 25, 1982, as evidenced by Affidavits of publlçatlon filed with the Clerk, public Paq. 18 WOK ooa PAC( 577 April 20, 1982 ~OOK œe PAc£518 . hearing was opened to consider Petition R-82-1~I, Community Development Division requesting placement of the -MH-Mobile Home Overlay District- on A-l and A-2 lands within the previous existing lmmokalee ...rea Planning District and 480 acres of land located seven miles east of 951 and two miles north of Alligator Alley. planner Lee Layne indicated the general location on an overhead map stattn~ that the map shows the two areas in question which includes both the original Immokalee Area Planning District and some of the existing Coastal Area Planning Distric~, main~y the area west of Golden Gate and south of Immokalee Road, adding that it also includes the area southeast of Gol~en Gat~ Estates. She concluded by stating that the CAPC and the IAPC recommended approval. Chairman Wimer stated that he thought this was predominantly for the Immokalee area and did not realize that the Golden Gate Estates area would be reincluded. Planner Layn, stated that Golden Gate Estates is not being included, adding that this petition only applies to the land that is A-1 and "'-2 within the Immokalee Area Planning District. There being no further discussion, Commissioner Wenzel moved, seconded by Commtssioner Brown and carried unanimously, that the public hearing be closed. Commissioner Bro.n moved, seconded by Commissioner Wenzel and Page 19 . . I " ". -.-- April 20, 1982 cð[ri~d unanimously, that the ordinDnce as numbered and entitled below be adopted and entered into Ordinance Book lS: ORDINANCE 82-32 AN ORDINANCE AMENDING ORDINANCE 82-2, THE COMPRE- HENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED "'REA OF COttIER COUNTY, FLORIDA BY PLACING THE -MH- MOBILE HOME OVERLAY ON ALL -A-l- AND -A-2- ZONED LANDS LOCATED WITHIN THE EXISTING IMMOKALEE AREA PLANNING DISTRICT AND LOCATED WITHIN THE IMMOKALEE AREA PLANNING DISTRICT WHICH EXISTED PRIOR TO MAY 1, 1979, AND LANDS LOCATED IN THE N l/2 OF SECTION 25, TOWNSHIP 49S, RÀNGE 27E AND IN THE S 1/2 OF 5 1/2 OF ~ECTION 24, 'rOWNSHIP 495, R,\NGZ 27E; AND BY PROVIDING AN EFFECTIVE DATE. ORDINANCE 82-33 CREATING THE GLADES SUBDIVISION STREET LIGHTING MUNICIPAL SERVICE TAXING UNIT - ADOPTED. Legal notice having bean published in the Naples Daily News on March 30, 1982, as evidenced by Affidavit of publication filed with the Clerk, public hearing was opened to consider an enactment of an ordinance to create the Glades Subdivision Street Lighting Municipal Service Taxing Unit. Mr. Barksdale, Public Works Administrator, stated that there had been a petition received with 446 signatures in favor, adding that an estimate has .cen prepared for the operðting cost for o~e year which results in a millage rate of .35027 if created as an independent district. He stated that if this arcað was included in the overall Collier County Street Lighting District, the millage would be .56j which is considerably higher, adding that it is recommended that the Board create ðn independent taxing district for the provision of this service. He reported that the service would not begin on the taxing distict roll until October, 1983, adding that the rosidents are an~ious Page 20 MO( œs rAC[ 519 &Oo~ œ8 PACE 58() April 20, 1982 to get the lights installed and they are willing to pay the cost out of the association fces until October, 1983. He concluded by stating that it is recommended that the Board create the district. Mr. George Derbyshire stated that he was in favor of the enactment of this ordinance. He rcported that there have been increasing problems within the area and the lights would be very helpful. There being no further discussIon, Commissioner Wenzel moved, seconded by Commissioner pistor and carried unanimously, that the public hearing be closed. Commissioner pistor questioned if this taxing district could be included in the tax billing in November, to which County Attorney pickworth stated that the pro~lem is that the property appraiser must, by law, make an aS~C5smcnt roll for each of the taxing entities which is a pretty lengthy procesa. Commissioner pistor stated that he felt that because of economics and efficiency of collecting separately, he would like to see if this could be hanðled on the t^X bills, adding that he is suggesting that tha matter be investigaterl. Board directed Staff to meet with Mr. Colding to expedite this m~tter anyway possibl~. Commissioner Brown moved, seconded by CommIssio~er Wenz~l and carried unanimously, that the ordinance as numbered and entitled below be adopted and entered into Ordinance Book 15: ORDINANCE 82-33 AN ORDINANCE CREATING Tf!E GLADES STREET LIGHTING MUNICIPAL SERVICE TAXING UNIT; PROVIDING THE BOUNDARIES Ot THE DISTRICT: DESIGNATING THE GOVERNING BODY Of THE DISTRICT; AUTHORIZING'" TAX LEVY AS PROVIDED BY LAW; PROVIDING FOR CONSTRUCTION AND AN EFfECTIVE DATE. Pð9- 21 I . I .--,.- April 20, 1982 RESOLUTION 82-48 RE PETITION PU-82-8C, VECELLIO , GROG~N REOUESTING PROVISIONAL USE -B- OF -A-2- FOR EXCAVATION TO BE USED FOR FILL FOR 1-75 FOR PROPERTY LOC~TED ON HUNTERS ROAD - ADOPTED, SUBJECT TO STIPULATIONS AND FINDING OF FACT PER THE PETI'rIONER'S AGREEMENT Lee Layne, Planner, stated that this is a recommendati~n for approval by the Board of zoning Appeals for Petition PU-82-8C, which is A cONpanion to Petition R-82-7C which was heard and approved previously. She reported that the petition has been recommended for approval by all County agencies subject to two stipulations, one being compliance with the requirements of the excavation ordinance, and two, that the fill is to be used for 1-75 only. She stated that the Planning Commission, based on their Finding of ract, recommended forwarding this to the Board of Zoning Appeals for approval subject to Staff stipulations. There being no discussion, Commissioner Wenzel moved, seconded by Commissioner Brown and carried unanimously, that Resolution 82-48 re Petition PU-82-8C, Vecellio & Grogan requesting provisional use -8- of -~-2- for excavation to be used for fill for 1-75 for property located on Huntcrs Road be adopted, subject to stipulations and Finding of Fact per th~ petitioner's agreement. Page 22 'P>QOK 068 PA~[ 581 April 20, 1982 RESOLUTION 82-49 RE PETITION FDPO-82-V-3, ROBERT H. VOSBURGH REQUESTING APPROVAL OF A VARIANCE FROM THE MINIMUM BASE FLOOD ELEVATION ON PROPERTY DESCRIBED AS 113l EDDINGTON PLACE, LOT 3l, BLOCK l, OLD MARCO VILLAGE - ADOPTED. Legal notice having been published in the Naples Daily News ()n April 4, 1982, and the Marco Island Eagle on April 8, 1982, as evidenced by Affidavits of publication filed with the Clerk, public hearing w~s opened to consider Petition FDPO-82-V-3, Robert H. Vosburgh Lequesting approval of a variance from the minimum base flood elevation required by the Flood Damage prevention Ordinance on property described as 113l Eddington Place, Lot 3l, Block 1, Old Marco Village. Mr. Tom McDaniel, planner, reported that the ordinance req\lires the house to be built at 12', adding that the petitioner is asking for a 2.8' variance which would be at an elevation of 9.2'. He stated that the application conforms with the provision in the ordinance that st~tes that if he has contiguouS houscs to both stdes at grade, this may be grounds for a variance. Hc concluded by stating that Staff is recommending approval. There being no discussion Commissioncr Wenzel moved, seconded by Commissioner pistor and carried unanimously, that the public hearing be closed. Commissioner Wenzel moved, seconded by Commissioner pistor and carried unðnimously, that Resolution 82-49 re Petition FD?O-82-V-3, Robcrt H. Vosburgh requesting approval of a variance from the minimum base flood elevation required by the Flood Damage Prevention Ordinance on property describcd as 1131 Eddington Place, Lot 31, Block 1, Old Marco village, be adopted. pag e 23 t>OO't. 068 fACE 58Q 1-pril 20, 1982 ~OOK 068 PACE 592 RESOLUTION 82-~O RE PETITION TO V^C,)..TE THE l2' DRAINAGE EASEMENT BETWEEN LOTS 22 ^ND 23, BLOCK C, GOODLAND ISLES, PART ONE, AND TO ACCEPT A l5' DRAINAGE EASEMENT FROM LORA VEAL LOCATED ON THE EAST l5' OF THE WEST 30' Of LOT 23, BLOCK C, GOOD LAND ISLES, PART ONE - ADOPTED. Lcgal notice having been published in the Naples Daily News on April 4, 1982, and April 11, 1982, as evidenced by Affidavit of publication filed with thc Clerk, public hearing was opened to consider a petition to vacate the 12' drainage easement between lots 22 and 23, Block C, Goodland Isle3, Part One and to accept a l5' drainage easement located on the east 15' of the west 30' of [~t 2), Block C, Goodland Isles, Part One. Mr. Cliff Barksdale, Public work~ Administrator, reported that the petitioner requcsted that the easement be vacated in order that the two lots could be joined, adding th3t the petitioner has agreed and signed a new dedication (or the new easement. He stated th~t Staff's recomme~dation is to approve the vacation and accept and rccord the new easement. Thcre being no discussion, Commissioner Wenzel moved, seconded by Commissioner Kruse and carried unanimously, that the public hearing be closed. Commissioner Wenzel moved, seconded by Commissioner Brown and carried unanimously, that Resolution 82-50 rc a petition to vacate the 12' drainage easement between Lots 22 and 23, Block C, Goodland Isles, Part One and to accept a 15' drainage easement from Lora Veal J ,caled on the cast 15' of the west 30' of Lot 23, Block C, Goodland Isles, Part One, be adopteå. pac;¡. 24 , . I --. .__ - I ~ April 20, 1982 ST,)..FF SERVICES ,)..GREEMENT ,)..PPROVED ~ND ,)..UTHORIZATION FOR THE CH~IRM~N TO EXECUTE SAID AGREEMENT WITH THE MPO, SUBJECT TO APPROV~L BY THE MPO ')"T THEIR MEETING THIS DATE. Community Development ,)..dministrator Terry virta stated that this request is for. the Board to authorize the Chairman to execute an Agreement with the MPO for staff services, subject to the approval of the agreement by the MPQ at their meeting this date. Comminsioner Wenzel moved, seconded by Commissioner Brown and carried unanimously, that the request for authorization for the Chairman to execute a Rtaff servicJs agreement with the MPO, sutject to the approval of the ~greement by the MPO at the meeting this date~ be approved. Paget 25 ~OOK 068 PACE-595 .-' ,..~""'C! April 20, 1982 RESOLUTIOI a2-5l ESTABLISHING A POLICY TO Þ.LLOW FOR COORDINÞ.TION OF BUILDING PLANS BY COLLIER COUNTY AND INTERESTED DEVELOPMENTS TO ENHANCE VOLUNT,)..RY COMPLIANCE WITH DEED RESTRICTIONS - ADOPTED. Terry virta, Community Development Administrator, stated that this recommendation is fo~ the Board to consider a policy to allow for tha coordination of building plans by the County and interested develop- ~ents to enhance voluntary compliance with deed restrictions, adding that there is a resolution pertaining to same in the backup material. Commissioner Wenzel moved, seconded by Commissioner Brown and carried u~dnimously, that Resolution 82-51 establishing a policy to allow for coordination of building plans by Collier County and interested developments to enhance voluntary compliance with deed restrictions, be adopted. PlIg e 26 ~o~ 068 f'1\1605 ~ pril 20, 1982 CURRENT ZONING REGULATIONS WITHIN IMMOKALEE REGARDING THE LIQUOR SALES BOUND,)..RY LINE - REAFFIRMED. Community Development Administrator virta reported that Staff is looking for direction in regðrds to what is known as the dry line in Immokalee. He stated that there has been ~ regulation apparently being enforced that has not been in existence for about 10 years. Commissioncr Brown stated that he would like to see the current zoning regulations cnactcd in order to prohibit drinking on the main street. Commissioner Brown moved, seconded by Commissioner Wenzel and carried unanimously, that the current zoning regulations within _Immokalce, regarding a liquor sales boundary line, be -reaffirmed. RESOLUTION 82-52 RE RECOVERING FUNDS EXPENDED ~Y THE COUNTY TO ABATE A PUBLIC NUISANCE ON LOT 20, BLOCK 338, UNIT 12, MARCO ISLAND, OWNED BY CALAD~NIA - ADOPTED. Commissioner pistor moved, seconded by Commissioner Wenzel and carried unanimously, that Resolution 82-52 re rccovering funds expended by the County to "bate a public nuisance on Lot 20, Block. 338, Unit 12, Marco Island, owned by Calðdonið, be adopted. Page 27 bOÓi 068 ~._:: f117 April 20, 1982 REQUEST FOR AUTHORIZATION TO HIRE A PLANNER III, PLANNER I, AND SECRETARY III TO FULFILL THE STAFF OBLIGATIONS OF THE STAFF SERVICES AGREEMENT BETrlEEN THE B'JARD AND THE MPO - NO ACTION TAKEN UNTIL AFTER THE MPO MEETS. Community Development Administrator virta stated that this request is to create three positions to staff the MPO. Chairman Wimer stated that he felt this item should be dealt with after the MPO has met and discussed same. Commi ssioner Pi stor sta ted that he agreed wi th Cha i rman Wimer, adding that this item could wait until the May meeting. County Manager Norman questioned if the positions could be advertised when the MPO approves them, to which Chairman Wimer stated that if the MPO approves the matter, there would be no problem with ~taff authorizing the advertisement of the positions. It was the general consensus of the Board not to take any action on this matter until after the MPO meets. ST^TU5 REPORT ON PINE RIDGE INDUSTRIAL PARK MSTU FOR STREET, DRAINAGE AND UTILITY IMPROVEMENTS - NO ACTION TAKf.N Mr. Barksdale, Public Works Administrator, stated that he has an update of the report of the Staff summary as of April 5, 19R2, at which time a draft agreement for consultant services was received. He reported that copies were sent to the County Attorney, County ~anager and the Utilities Director asking for their comments. He noted that comments were received from the County Attorncy ðnd the County Manager at which time a meeting was set up with the consultant. He said that there is now a revised agrcement as the result of that mecting which will be reviewed by the Staff. He noted that at the time the amount is Page 2C &001( 068 PACE 800 April 20, 19B2 ~oo~ Oß8 P"CE 610 agreed upon, a recommendation will be brought to tho Board for approval of the agreement, adding that the remaining actions required would be to obtain the loan for th~ payment of the services, the monitoring and review of the Consultant's work progress would be made, and an engineering report would be presented to the Board for review and approval. He concluded by stating that at that time a determination would be made as to what portions of the project are to be considered for future construction with the funding recommendations as being part of the consultant's report. EXCAVATION PERMIT NO. 59.138 - VECELLIO (, GROGAN, INC., SECTION 6, TO....'NSHIP 49 SOUTH, RANGE 26 EAST - APPROVED SUBJECT TO STIPULATIONS. Mr. Barksdale, Public Works Administrator, stated that this is a recommendation for an excavation permit for Vecellio & Groga~, Inc. for Section 6, Township 49 South, Range 26 East, which was previously discussed by th~ Board. Commissioner pistor moved, seconded by Commissioner Wenzel and carried unanimously, th~t f,xcavation Permit No. 59.138, Vecellio' Grogan, Inc., Section 6, Township 49 South, Range 26 East, be approved subject t.o the following stip'Ilations: 1. The depth of the exc.)vation shall be limited to 20 feet (elevation -8.0) and a water quality monitoring system shall be installed. 2. All applicable provisions of Excavation Ordinance No. 80-26 shall be adhered to. 3. No off-~ite discharge of groundwater unless permitted by South Florida W3ter Management District. 4. Installation of a berm and interceptor ditch around the perimeter of the property. Page 29 . . I " ^pr11 20, 1982 5. A waiver of the 200 foot setback from the 1-75 right-of-way shall be granted by Florida Department of Transportation and Board of County Commissioners (letter of waiver with stipulations received from FDOT on 3/23/82). 6. Upon completion of the project, the site shall be left in a clean and ordcrly condition. 7. pit shall be opcrated for the purpose of providing fill to 1-75 construction only. pit shall not remain in production after completion of 1-75 construction. ST^FF AUTHORIZED TO PROCEED WITH THE BIKEPATH CONSTRUCTION PROGRAM WITH THE REMAINING FUNDS AUTHORIZED FOR THE PROGRAM ACCORDING TO THE APPROVED PRIORITY LIST. - Public Works Administrator Barksdale stated that the report for the County Bikepath Program indicates a recommendation to expand the existing bikepath program within the funds that were previously authorized for $745,000. He rcported that, to date, $~64,600 has been completed; $35,202 is for Gulf Shore Drive which leaves approximately $45,000, adding that there have been ndditional r~quests for bikepaths which exceed the rcmaining funds. He concluded by stating that priorities hðve been recommended to the Board and he would like authorization to proceed with the priority list utilizing the current contractor at the current bid prices. Chairman Wimer questioned the Gulf Shore Drive bikep~th, to which Hr. Barksdale replied that they are now proc~eding with Gulf Shore Dr i ve . Commissioner Kruse questioned thc location of the bikcpath~ in Golden Gate, to which Mr. Barksdale rcplied that this was a request from the principal, adding that the bikcpaths are adjacent to and leading up to the grade school which provides a path across the newly Page 30 MOK 068 rACE 6ü ....pd,l 20, 1982 MOK 068 PACE 612 constructed bridge. Commissioner pistor questIoned the Lakewood bikepath, and Mr. Barksdale stated that this was item 7 on the priority list which is the bikcpath from Boca Ciega to Evergreen that is 6200 lineal feet and is not within the estimated funds rem~ining, adding that as the list stands the only bikepaths that could be constructed would be those through Item 6 on the report. He stated that the price of $3l,000 for Lakewood was for asphalt and most of the residents wanted concrete 80 that it would be consistent with the other sidewalks within the subdivisio~, adding that one poll would be willing to pay the difference in cost through their association. lie concluded by stating that fot Items 7 through 9, he recommerds that they be considered for tho future Capital Improvement Program which would be submitted in this coming year's budget. Mr. Robert Cooling, President of the Lakewood Single Family Homeowners Association and Chairm3n of the Board of the Lakewood Community Services as well as a resident of 4503 Lakewood Boulcvard, stated that thi~ rroposal w~s given to the residents by Mr. Barksdale as a partial solution to the traffic problem, as well as the prohlems of the golfers, children, joggers, and all tyres of elderly peoplo walking Lakewood Boulevard. He reported that this street was built by U. S. Home prior to the requirement for sidewalks, adding that the problem was that Lakewood Boulevard was then made a connector road and thru traffic, short cutters and speeders have now reached the point where the Sheriff has written a let~er to the Commissio~~rs indicating his inability to control the traffic situation. He noted that the Page 31 . . I .....~ April 20, 1982 solution of.the blkepath was a step in the right direction to at least get the people off the street, adding that at the present time the Lakewood Single Family Homeowners Association and the Lakewood Community Services are unðnt~ously in favor of the sidewalk bikepath but are also unanimously in favor of making it concrete and willing to meet the additional cost. He stated that there were l53 who wanted to put the concrete in at their own expense, 25 who wanted the sidewalk but didn't want to pay, and there were 43 against it, adding that the pf'-imary. rec!l!lOn for ....otinq-ðgainst- it.--wðs that it would be on County land in front of their homes and they thought it would be a detri~ent to their property. He stated that after checking with realtors, it was determined that these sidewalk/bikepaths would enhance the value of their property. He reported that there are accidents in the area that ~rp.conttnuing a~d these bikepaths would be a solution to the problem, adding that they are willing to meet the expense if concrete is put in, in order to enhance the properties and to increase the taxation values of the houses. Mr. James Duvo, 4S8S Lakewood Boulevard, stated that he was against the bikepaths. lie reported that there are a lot of people 0n L~kewood Boulevard that do not want it. He concluded by stating that a lot of people would have to remove their sprinkler systems and have to pay for it, ðb well as replacing their lawn. Mr. Ch"rl'!s Meddaugh, 4440 Lakewood BoulevcHd, stated that he did not realize that this item would be mentioned as it was below the funding lino. He reported that the bikepath is not the normal bikopath bùilt alongside an existing road, adding that this bikepath would Pac;¡ e 32 t - "~ .068 1'1r.£613 .......... M)QK 068- fACE 614 April 20, 1982 encroach and be built on existing lawns with sprinklers, plantings, lights, mailboxes and would be included in the 25' easement. Chairman Wimer stated that if this list is approved, it will only be approved through Item 6 as there ðre no funds left for Item 7. He apologized for the confusion and stated that Item 7, Lakewood bikepath, is not on the recommended list for funding today, adding it is recommended to be included in the new budget. lie directed Staff to notify thc residents of Lakewood when this item would be coming up as a public hearing for lhe budget. Chairman wimer statcd that if ðnyone was registered they could speak, but nothing will be done on the Lakewood issue this date. C~mmissioner pistor state~ that his feeling is that it would be better to take a referendum vote on this matter as he feels that it is a 50/50 vote. Chairman Wimer stated that before there is a budget hearing on this matter it may be helpful to first have a workshop. Commissioner Wenzel moved, seconded by Commissioner pi5tor and carried unanimously, that Staff be authorized to proceed with the construction with the remaining funds authorized for the 8ikepath Construction Program accordinq to the approved priority list. * it it Recess 10:lO A.M. - Reconvened 10:20 A.M. * * . RESOLUTION AUTHORIZING THE ACQUISITION, BY PURCHASE OR CONDEMNATION, Of' CERTAIN LANDS IN THE VICINITY OF TRAIL DRIVE AND PINE RIDGE ROAD FOR RELOCATING NORTH NAPLES FIRE CONTROL DISTRICT fInE STATION - CONTINUED UNTIL MAY 11, 1982. Commissioner Wenzel moved, seconded by Commissioner Kruse and pag e ) 3 , . I April :?O, 1982 carried 4/0, (Commissioner Brown out of the room), that the resolution ~uthorizing ~he acquisition, by pur~hase or condemnation, of certain lands located in the vicinity of Trail Drive and pine Ridge Road, for the purpose of providing land for the relocation of the North Naples Fire Control District fire station, made necessary by the widening of pine Ridge Road, be continued until May 11, 1982. ***** Commissioncr Brown returned to the room at this time - lO:23 A.M. ***** ,)..UTHORIZATION GRANTED FOR THE SOLID W^STE DIRECTOR TO ATTEND THE NATIONAL SOLID WASTE MANAGEMENT ASSOCIATION WASTE EQUIPMENT ANU TECHNOLOGY EXPOSITION, MAY l6-22, 1982, IN ST. LOUIS, MISSOURI, FOR A TOTAL COST OF $l,l43.00 Mr. Barksdale, Public Works Administrator, stated that this is a .request for the Solid Waste Director to attend the National Conference, adding that it was budgeted and is one of the best and mo~t productive meetinga throughout the entire year. He reported that it is particularly important since the South Florida Regional planning Council has now signed an agreement to do a study tor advanced resource recovery techniques which would be very beneficial. There being no discussion, Commissioner wenzel moved, ßcconded by Commissioncr pistor and carried unanimously, that authorization be granted for the Solid Waste Director to attend the National Solid Waste Management Association W3ste Equipment and Technology Exposition, May l6-22, 1982, in St. Louis, Missouri, for a total cost of Sl,l43.00. CONTR"CT AWARDED TO H. '''. Br.~UDOIN FOR" TOT"L COST OF $32,035.00 FOR THE CURBING OF MEDIAN STRIPS ON MÞRCO ISLAND SUBJECT TO THE STIPULATION TI;,a,T THE BEAUTIFICATION COMMITTEE APPROVE THE INCLUSION IN THE CONTRACT FOR THE ALTERNATES OF S~,B25.0n Public Works Administrator Barksdalc stated th~t this is a Page H &DO« ~ rACE 615 ~D~ ·068 fAtE 618 April 20, 1982 r~c~mmendation t~ award the cont(act for the median strips on Ma:co Island to H. W. Beaudoin for $32,035.00, adding th~t part of that was an added alternate and he would like it approved w\th the stipulation that the Beautification Committee also approves the inclu3ion in the contract of the alternates for $6,825. He concluded by stating that the Beautification Committee would be meeting this week and would let him know if they agree to add the alternatives. Commissioner pistor moved, seconded by Commissione: Wenzel and carried unanimously, that the contract be awarded to H. W. Beaudoin for a total cost of $32,035.00 for the curbing of median strips on Marco Island, subject to the stipulation that the Beautification Committee approve the inclusion in the contract of the alternates for $6,825. BID 1559 FOR MISCELLANEOUS MEDICAL EQUIPMENT AWARD~D TO WHITTAKER GENERAL MEDICAL IN TilE: AMOUNT OF $4, 112P.. 29; TRI-MED SURGIC.r..L COMPANY IN THE AMOUNT OF $301.50: AND SUMMIT MEDICAL SUPPLIES, INC., IN THE AMOUNT OF $5,738.33 Legal notice having been published in the Naples Daily News on March 9, 1982, and March 10, 1982, as evidenced by ,.,Uidavit of publication filed with the Clerk, bids were received for Bid 1559 for medical equipment, until 2:30 p.m., March 24, 1982. Commissioner Wenzel moved, seconded by Commissioner pistor and carried unanimously, that Bid 1559 for miscellaneous medical equipment be awarded to Whittaker General Medical in ~he amount of $4,828.29; Tri-Mcd Surgical Company in the amount of $301.50; and Summit Medical Supplies, Inc. in the amOllnt of $5,738.33, as recommended by the ?urchasing Director to be the best acceptable bids ^nd in the best interest of the County, and that th€ Chairman be authorized to sign and Pðg e 35 . . I ^pril 20, 1982 the Clerk to attest the r~~~~ting agreements. Monies for these expenditures are available in Fund 00l-52l-4-00-27-0l0-649. aID 1547 FOR MICROFILMING OF BUILDING DEPARTMENT DOCUMENTS - REjL~~ED. Legal notice having been published in the Naples Daily News on February 4, 1982 and February 8, 1982, as evidenced by Affidavit of publication filed with the Clerk, bids were received for Bid 1547 for microfilming of Building Department documents, until 2:30 p.m., February 24, 1952. Commissioner Wenzel moved, neconded by Commissioner plstor and carried unanimously, that Bid .547 for Microfilming of Building Department documents be rcjected due to limited available funds as recommended in the executive summary dated 4/l2/82. REQUEST FOr< A\.)úITIONAL PER"IANENT PROBATION OFFICER POSITION AND ,)..UTHORIZATION FOR ADVf.RTISEMf.NT - APPROVED. Commissinner ristor moved, secondcd by Commissioner Wenzel and carried unanimously, thbt the additional position of Probation Officer be established and such opening be advertised immediately. ')"UTHORIZATIO~ GRAN~ED FOR THE CETA DEPARTMENT TO DEVELOP AND SUBMIT PROGRAM PROPOSALS FOR FY'A3. Don Norton, Public Services Administrator, stated that this is a recommendation for approval for the CETA department to submit Fiscal Year 1983 program proposals, adding that the~e programs will be submitted under four various titles of CETA. He reported that the current CETA program l~gislatlon expires the ~nd of September. He noted that there are several replacement Bills that h~ve been Page 36 &{)!)( 068 PAt.E 617 ~OOK OSs. PACE 618 AI'dl 201 1982 introduced to CongresS, adding that some of the~ are gaining momentum, one being a six billion dollar program which is approximately double the current f'Jnding. He stðted that the current legislðtion does expire September 30, 1982, however, the State still wants proposals in case there is a program that does rQ~lace CETA. H~ concluded by stating that he would like the Board to take the same appro~ch. There being no discussion, Commissioner Wenzel moved, seconded by Commissioner pistor and carried unanimously, that authorization be granted for the CETA Dcpartment to develop and submit program proposals for Fiscal Year 1983. LEASE fOR IMMOKALEE OFFICE SPACE FOR FARMER'S HOME ADMINISTRATION LEASED BY THE COUNTY AND SUB-LEASED TO THE FEDERAL GOVERNMENT. - AUTHORIZED FOR EXECUTION, SUBJECT TO REVIEW AND ^PPROVAL BY THE COUNTY "TTORNE'i. County Manager Norman stated that because of the rederal Lease Program, the property owner in Immokalec w"s not able to reach an agreement regarding the office s pa c e fo r the Farmer's Home Administration. He sta ted that his recommendation is tha t the County lease the property and sub-le~se it to the Federal Government. Commissioner pistor questioned the monthly rðte, to which County Manager Norman stated that the property owner is agreeable to leasing the office space for $250 per month. Therc being no further discussion, Commissioner Brown move~, seconded by Commissioner Wenzel and carried unanimously, thðt the Immokal~e office space for the Farmer's Home Admillistration be leased by the County and sub-leased to the Federal Govern~ent, and the Chairman be authorized to execute the lease, subject to review and approval by the CQunty Attorney. Note: Lease not received in office of Clerk of the Board as of 4/29/82. Pac¡. n , . I -~_...~ April 20, 19R2 SHORT LIST APPROVED AND AUTHORIZATION GRANTED TO NEGOTIATE A CONTRACTUAL AGREEMENT FOR PROFESSIONAL SERVICES FOR HVAC IMPROVEMENTS, PHASE TWO, WITH H. J. ROSS ASSOCIATES. Chris Holley, Administrative Assistant to the County Manager, stated that the HVAC work would be done in Building -B-, tying into the computer system in Building -F- end coordinating with the expansion program. He concluded by stating that the short list consisted of H. J. Ross Associates, Watson and Company, and Gee and Jenson. Commissioner Wenzel moved, seconded by Commissioner Brown and carried unanimously, that the short list be approved and authorization be gran~ed to negotiate a contractual agreement with H. J. Ross Associates for professional services for HVAC improvements, phase Two, in accordance with the Competitive Negotiations Act. BOARD WAIVES REQUIREMENTS FOR A PUBLIC SALE AND DESIGNATES THE INVrSTMENT BANKER, TO BE NA~ED BY THE FINANCIAL ADVISORS, AS THE SENIOR INVESTMENT MANAGER FOR THf. REGIONAL WATF.R SYSTEM RF.VENUE BOND ISSUE. Mr. Irving Berzon, Utilities Manager, stated that this item regards the regional water system and the financial arrangements for the program. He referred to the executive summary, stati~g that a recommendation would be made regarding the designation of a senior financial managcr for this particular bond issue. He reported that the Financial Advisors' recommendation is to digrcss from the County's present policy of going with a public bid, as this would not be in the best interest of the County due to the financial market situation. He noted that the financial committee consists of the Clerk of the Court, the Fiscal Officer, the County Attorney and himself, adding that the committee has deferred to the financial advisors opinion and endorses pag e 38 . . J 80:JK 068 PACl619 " April 20, 1982 M~~ 068 PACE 620· the recommendation. He reported that at a meeting last week, three prospective underwriting firms were interviewed to ðct as a senior manager of the issue. He rcported that the firm of Bache, Halsey, Stuart, Shields, be designated as the senior financial manager for this issue based on the recommendation of the Financial Advisors. He noted that the firm is rcady to go out, market the iss~e and come back to the Board on April 29, 1982, with a firm offer to purchase the bonds, adding that the information would be available to the Board by 'Wednesday, April 28, 1982. There being n0 dlScussion, Commissioner Brown moved, seconded oy Commissioner pistor and carried unanimously, that the Board waive the requirements for a public sale and designate the Investment Banker, to be named by the Financial Advisors, as the Senior Investment Manager for the Regional Watcr System Revenue Bond Issue. TENTATIVE MEETING SCHEDULED FOR THURSDAY, APRIL 29, 1982, FOR S~AFF AND FINANCIAL ADVISORS TO M^I<E fIRM OFFER FOR PURCHASING OF BONDS RE TilE REGIONAL WATER SYST~M REV~NUE BOND ISSU~. Chairman Wimer stated that there may have to be ~ special meeting of the Board when thc proposals are ready. Mr. Berzon, Utiiities Manager, stated that it will be a public meeting scheduled tentatively for Thursdðy, April 29, 1982, ðt which time the Board mc~bers will hðve in writing the basic cost of the ; issue. BID 1561 FOR SEWER AREA -A- ANALYTICAL SERVICES, ANNUAL CONTRACT, AWARDED TO J. N. ENVIRONMENTAL SERVICES AT A MONTHLY SERVICE FEE OF $210.00 \'¡ITH A 5\ DISCOC·.:T IF PAID WITHIN 10 DAYS. Legal notice having been published in the Naples Daily NewS on pag e 39 . . I April 20, 1982 March 16, 1982, and March 18, 1982, as evidenced by Affidavit of publication filed with the Cl~rk, bids were received for Bid 1561 for Sewer Area -A- Analytical Services, Annual Contract, until 2:30 p.m., April 7, 1982. Mr. Ber%on, Utilities Manager, stated that this 1s a request for an annual contract for analytical services to be provided at the sewage treatment plant for various laborðtory testing that is required by the ")lant and the DER operational requirements. Commissioner Brown moved, seconded by Commissioner pistor and carried unanimously, t~at Bid 1561 for sewer area -A- analytical services, annual contract, be awarded to J. N. Environmental Services at a monthly ßervice fee of $2lØ.00 wi~h a 5\ discount for all bills paid within 10 days, as recommended by the Utilities Månager to be the lowest respons1ble bid 1n the best interest of the County, and that the Chalrman be author1zed to s1gn and the Clerk to a~te~t the resulting agreement. '. . Pag. 4 e &OOf: 008 fAt( 621 _,.,."'''.........4"''_··.,,.~_~~·_ April 20, 1982 W,)..IVER OF PURCHASING POLICY RE SPENDING $2558 FOR V,)..RIOUS PIPE COMPONENTS AND FITTINGS IN ORDER TO MAKE CHANGES ,)..T THE COUNTY SEWER TREATMENT PLANT WHICH WILL HELP REGARDING PROBLEMS ARISING FROM SEPTIC TANK HAULERS. - APPROVED. Mr. Berzon, Utilities Manager, stated that he is requesting that the Utilities Department be able to expend up ~- $2558 for various pipe components and fittings in order to make various changes at the sewage treatment pla~t which will help in dealing with a problem with septic tank haulers that are d~~ping into the plant and creating a serious problem for the operation, adding that, in the future, hopefully the septic tank haulers will be removed from the plant. He stated that this would enable pumping to go directly into the digester. Commissioner pistor meved, seconded by Commissioner Wenzel and carried unanimously, that the purchasing policy be waived a~d $2558 authorized for various pipe components and fittings in order to make changes at the County Sewer Treatment Plant. COUNTY ATTORNEY DIRECTED TO PREPARE THE NECESSARY PAPERS REGARDING LEG,)..L STEPS TO ENFORCE REQUIREMENTS OF THE PERTINENT ORDINANCE CONCERNI~G THE GLADES UTILITIES FRANCHISE. Utilities Manager Berzon stated that as of April 2Ø, 1982, there has been no response frem the Glades Utilities regarding the information that W,"é to be sent to the County. He reported that the Glades feels that they are not 8ubj~ct to the requirements of the ordinance and the County's position iü that they are, adding that h~ is requesting that the Board direct the County Attorney to take the necessary legal steps to entorce the requirements of the Ordina~ce. County Attornoy pickworth stated that if the Board wants to Page 41 &OaK 06 8 PAr.£ 62 5 Aprll 20, 1982 &OO~ 068 PACE626 autherize the Ceunty Atterney'a eftice te take legal actien, he will begin te draw the necessary legal pleadings t. accemplish sa~e. Mr. Dwight Sartwell, president ef the Glades Condeminium ,)..aseciation, stated that it 18 obvieus that. Glades Utilities are not geiog to comply and he weuld like to see the County enferce the requirements of Ordinance 76-71. There being ne further discussien, Cemmlssiener Wenzel meved, sec.nded by Commlssi.ner pIstor and carried unanimously, that the Ceunty ,)..tterney be authorized to proceed with legal action and begin te prepare the necessary legal pleadings to accomplish same to enforce the requirements of the pertinent Ordinðnce concerning the Glades Utilities Franchise. ......... At this point In ~he meeting, Chairman Wimer asked that the Financial Advisors of the Regional Water System Revenue Bond Issue, which was prev~ously discussed and acted upon, be introduced. ......... Mr. Charles Reynolds, Senior Vice President of Bache Public Finance stated that his firm is ready to proceed, adding that the reas.n the advisors recommended waiving the public bid is that in the market now that is trailing allover, lead by government bond issues, it Is hard to time. He stated that if this item Is put out for competitive bids there are several things that can be done to help get the best Interest cost when a negotiated sale is made. He reperted that every recegnlzed dealer In the State of Florida will be Invited regarding selling the bonds, adding that this will be done at th~ lowest possible cost and In a timely manner. He reported that there would be estimates given on Monday, ,)..prll 26, 1982, with firm prices en Thursday, April 29, 1982. Page 42 , . I t' April :ø, 1982 RESOLUTION C:WS-82-2 AMENDING RESOLUTION CWS-8Ø-6 (WILLOUGIIBY ^CRES BOND RESOLUTION) IN ORDER TO MAKE CERTAIN CII^NGES WITII RESPECT TO RESOLUTION CWS-B0-6 IN ORDER TO FACILITATE TilE ISSUMICE OF TilE BONDS FOR THE REGIONAL WATER SYSTE~ AND TO pn~:SEnVE TilE 5\ INTEREST MONEY - ADOPTF:D. c.unty Atterney Pickwer~h stated that this item is a reselutlen aeending Reselution CWS-80-6, willoughby ^cres B~nd Re~elution, adding that this reselution was fer the fi~ancl~g ef the water Impravements threugh a bond issue with the Farmer's Home ^dminlstra~lon. He neted that the Farmer's Home ^dminlstratien has a first lien on the revenues .'rom that Issue a~d In erder to make it clear that there Is ne prior lien on this $l9 million issue, he is asking that the Willoughby reselutien be amended te define the service areas fer the water distribution to include enly willoughby Acres and provide that it will be operated as ð separate system on the books and those monies be accou~ted for separately. He cencluded by stating that this resolution has been drawn up by a bond counsel, adding that he recommends adop~lon as a County Sewer Water District Res.lutio~ amending the willoug~by Water Resolution, and preserving the 5\ interest money. commissioner Wenzel moved, seconded by Commissioner plstor and 'carried unanimously, that Resolution CWS-82-2 amending Resolution CWS-8Ø-6 (Willoughby Acrcs aond Resolution) be adopted in order to facilitate the issu^oce of the bonds for the Regional Water system and to preserve the 5\ intcrest money. Peg 0 43 ~O( 088 PACE 627 I I , . I ! ! ¡ j I .' " .... ., .,.- April 20, 1982 aoo~ 06B fACE 640 EMERGENCY ORDI~ANCE 82-34 AMENDING ORDINANCE AO-94 RELATING TO SYSTEMS DEVELOPMENT CI!^RGES FOR W^TER Sf.~VICE ^ND PROVIDING TI!AT SAID CHARGES MAY, IN ADDITION TO ANY OTHER USES AUTHORIZED BY LAW, ALSO BE USED TO PAY THE PRINCIPLE AND INTEREST ON BONDS ISSUED FOR TilE PURPOSE OF FINANCING WATER SYSTEM IMPROVEMENTS - ADOPTED. County Attorney pickworth stated that for a number of years ordinances have been in effect providing for systems development charges, which are also impact fees which are fees collected to defray the cost of making capital improvements for the purpose of expanding the system where the expansion is caused by the impact of new users on the system. He reported that on the a~vice of the consultants and the bond counsel, it is felt that there should be provided within the ordinance and resolution providing for systems development charges, that these monies may be used to pay principle and interest on bonds issued to do these capital improvements. H'! said that he is asking the Board to adopt the emergency ordinance he has prepared which supersedes Ordinance 80-94, which i~ the current systems development charge ordinance, adding that this ordinance simply adds a sta tement that says the monies may be used to pay the princ1 ple and interest on public obligations issued to finance ðny such capital improvements, and also that monies collected pursuant to this county ordinance, whether they are to be used for systems owned or operated by the County Water Sewer district, shall be paid over to that district. Commissioner pistor moved, seconded by Commissioner Wenzel and Page U , . I ., April 20, 1982 carried unanimously, that the ordinance as numbered and entitled below be adopted and entered in Ordinance BOOK l5: ORDINANCE 82-34 AN EMERGENCY ORDINANCE AMENDING AND SUPERSEDING ORDINANCE 80-941 ESTABLISHING SYSTEM DEVELOPMENT CHARGES FOR CONNECTIONS TO WATER SYSTEMS OWNED OR OPERATED BY COLLIER COUNTY, FLORIDA OR ITS ')"CENCIES; PROVIDING FOR ANNUAL REVIEW: PROVIDING EXEMPTIONS; PROVIDING FOR CONFLICT AND SEVERANCE: DECLARING AN EMERGENCY TO EXIST AND PROVIDING AN EFFECTIVE DATE. RESOLUTION CWS-R2-) ADOPTING THE PROVISIONS OF EMERGENCY ORDINANCE 82-34 FOR SYSTEMS DEVELOPMENT CHARGES AND TilE COUNTY ·...ATER SEWER DISTRICT SYSTEMS DEVELOPMENT CHARGES. County ,)..ttorney pickworth stated that a comp~nion county water sewer district rcsolution is needed to ndopt the provisions of the ·.~ergency ordinðnce which was just adopted on systems development charges as the chðrges of the County Water Sewer District syst~ms development charges. Commissioner pistor moved, seconded by Commissioner Wenzel and carried unanimously that Resolution CWS-82-) adopting the provisions of Emergency Ordinance 82-)4 for systems development charges and the courlty water sewer district systems development charges, be adopt.ed. pag e 45 WOK 068 rAtE 641 April 20, 1982 $3200 SETTLEMENT TO A FORMER COUNTY EMPLOYEE WHO WA~; DISCHARGED - ,)..PPROVED, AS REQUESTED BY COUNTY ATTORNEY. County Attorney Pickworth stated that this concerns a county employee that was discharged several months ago. He reported that his office has been negotiating b~ck and forth with the former employee's attorney concerning various issues that have been in dispute. He concluded by 5tating that after negotiating, he felt that a settlement of $3200 should be made which represents a compromise for some of the former employee's claims and reprcsents a vast reduction on what could be the County's potential liability exposure. Commissioner Wenzel moved, seconded by Commissioner Kruse and carried unanimously, that a $3200 settlement to a former County employee who was dischargcñ, hp ~pproved ~5 requested by the County ,)..ttorney. ROUTINE BILLS - APPROVED FOh PAYMENT Pursuant to Rcsolution 8l-150 the following ~hecks were issued through rriday, April 16, 1982, in payment of t"outine bills: fUND CHECK NOS. AMOUNT County Checks CETA 600-6l06 8614-8648 $ l,140,799.l3 $ 6,336.25 BUDGET AMENDMENT 82-l~0 FOR BUILDING MAINTENANCE FOR ^ TRANSFER TO RESCIND BUDGET AMENDMENT NO. 82-l47 FOR fMERGENCY PURCHASE OF AIR COHPRESSOR. SOURCE or fUNDS IS INSUfFICIENT - ADOPTED IN THE AMOUNT OF $9,4£10. Commissioner Wenzel moved, 5econded by Commissioner Kru5e and carried unanimously, that Budget Amendment B2-l60 for building maintenance for ð transfer to rescind Rudget Amendment No. 82-l47 for Pag. 46 ~ODK 068 PACf 643 ". ...~--~"'''^.~--.,._~,'~ ,-." þOO~ 068 PACE 644 "prll 20, 1982 emergency purchase of air compressor, be ðdopted in the amoun~ of $9,480. Source of funds requested is insufficient. " , . I paq. .. 7 . ~.~ ......-- ............- .-"".,..~.."""_""...".._",,,,....,,,,...,,.....,,,,,".,,,.;,, .~ . April 20, l582 ~oo~ 068 PACE 646 BUDGET ')"MENDMENT 82-16l FOR SOLID WASTE FOR')" TRANSFER TO PROVIDE FOR TRAVEL REIMBURSEMENT - ^DOPTED IN THE AMOUNT OF $2l0. Commissioner Wenzel moved, seconded by Commissioner Kruse and carried unanimously, that Budget Amendment 82-16l for solid waste for a transfer to provide for travel reimbursement, be adopted in the amount of $2l0. pag. 48 , . I ~. '''LJ~ ""''''"--'~'''''(.'''..~-' April 20, 1982 &OO( 008 PACE 648 COMMISSIONER KR~SE REAPPOINTED TO SERVE ON THE BOARD OF TRUSTEES OF THE DA~ID LAWRENCE MENTAL HEALTH CENTER. Commissioner pistor moved, seconded by Commissioner Kruse and carried unanimously, that Commissioner Kruse be reappointed to serve on the Board of Trustees of the David Lawrence Mcntal Health Center. CHAIRMAN AUTHORIZED TO EXECUTE THE FEDERAL GRANT APPLICATION FOR $i6,609 '1'0 ASSIST IN TIlE COMPUTER SYSTEM BETh'EEN TALLAHASSEE AND COLLIER COUNTY - APPROVED. William J. Reagan, Clerk, s ta ted thilt the Fedcral Government has awa rded $l6,00O to Collier County to assist in computer equipment between Collier County ðnd Tallahassee, add i ng that authorization is needed for the Chairman to sign. He stated that th~ total proJect is $l6,609, adding that the Federal Govcrnment is matching with $14,000 a.1d the remainder is already in the budget for this fiscal year. Commissioner Wenzel moved, seconded by Commissioner Pistor and carried unanimously, that the Chilirman be authorized to cxecute the Federal Grant Application for $l6,609 to assist in computer equipment between Tallaha55~e and Collier County. Page 49 . . I ,~~-"-,-",-",,..', " ^pril 20, 1982 CHAIRM^N ^UTHORIZED TO SIGN CERTIFIC^TES FOR CORRECTION TO THE TAX ROLL AS PRESENTED BY THE PROPERTY APPR"ISER'S OFFICE. Commissioner pistor moved, seconded by Commissioner Wenzel and carried unanimously, that the following Certificates of Correction to the Tax Rolls as submitted by the Property Appraiser's Office be authorized for execution by the Chairman: NUMBERS D1I.TES 1981 TAX ROLL 132 133 4/13/82 4/13/82 EXTRA GAIN TIME FOR INM"TE NO. 3A997 AND INMATE NO. 3Al94 - APPROVED. Commissioner ~enzel moved, seconded by Commissioner pistor and carried unanimously, that extra gain time be approved for the following Collier County Jail Inmates and establishing a new release date, as requested by Shcriff Rogers: H/MATE NO. F.XTRl\ Gl\IN TIME RF.LEl\SE DATE 38997 38194 20 days 30 days 4/22/82 5/5/8 2 BOARD CONFIRMS TERMINATION OF MR. EUGENE LOJEWSKI FROM THE ENVIRON- MENTAL ADVISORf COUNCIL. ')"dministrative "ide to the Board, Grace Spaulding, stated that she needed confirmation on ð lettcr recpived from Steven Martin, Chairman of the Environmental l\dvisory Council, regretfully advising that Mr. Eugene Lojewski has been terminated from the advisory committee, as he has had three consecutive unexcused absences. Commissioner pistor moved, seconded by Commissioner wenzel and Page 50 ,tr)( 068 ntrf151 ",. April 20, 1982 l>n~ 068 at16æ carried unanimously, that the Boðrd confirm the termination of Mr. Eugene lojewski from the Environmental Advisory Council. STAFF DIRECTED TO COME BACK TO THE BCC WITH A RECOMMENDATION REGARDING SETTLEMENT ON THE LITIGATION ON NAPLES CAY AND THE SITE PLAN FOR THE PROPERTY. Grace Spaulding, Administrative Aide to the Board, stated th~t a letter was received from Mr. Kur~ Bocking with litigation att~ched concerning Mr. Stephcn L. Helgemo, adding that she was unsure how to handle the matter, but Commissioner Wimer had requested action on same. Chairman Wimer stated that he informed Mr. Bocking that this matter would be brought bcfore the Board to determine the Board's feelings as tc whether they want Staff to look at the matter or not. lie stated that Mr. ßocking is basically asking that the Staff and the professional pcople get togcthcr to see if this lawsuit can be settled instead of continuing with litiga~ion. Commissio:ìer Wenzel stated that lie felt thcre was nothing wrong with everyone gctting together on the matter. Commis5ionerKruse questioned County Attorney pickworth as to his feelings regarding thp. matter, and he replied that at the time that this case was opened, he felt that it could possibly be settled, adding that his concept was that il would, at the very least, have to go through some initial discovery and maneuvering of various types so that each side could knowledgeably evaluate its position. He stated that there has been time spcnt regarding the relative positions of tho parties, further statina that the attorneys for thc County are ready to st.1te their crnclusion. He notcd that he has looked at the letter and pag e 51 . . I -~"'>'_"''''''''^'''.''''''''_''''_''.' ...- April 20, 19Bi is interested, adding that the County should not close the door on a negotiated settlement. He concluded by stating that the downside worst case risk to the County is a situation that would be close to ab~olutely unacceptable to anyone, adding that short of that there is a lot of room for negotiation. Chairman Wimer said that Staff should look at this matter and come back to the Boðrd with a recommendation on the proceedings. County Attorney Pickworth stated that he would be in a position to come back with a recomm~ndðtion of this type no earlier than the end of May, but more likely the middle of June. Chairman wimer stated that a motion was needed to authori7.e Staff to worK with the material regarding ð recommendation for settlement. Commissioner Pistor moved, seconded by Wenzel and carried unanimously, that Staff be directed to come back to the Board with a recommendation. MISCELLANEOUS CORRESPONDENCE - fILED ANO/OR REFCKRED There being no objection, the Chair directed that the following correspondence be filed and/or referrcd to the v3riouE departments as indicated below: 1. Letter dated 4/9/82 from Scott McFarland, President, Princess Del Mar Condominium Owners Associ¿¡tion, Inc., indicating support in the rezoning ch¿¡nge from Residential Tourist to Residential Multi-Family regòrding Petition R-82-2C. xc Mr. Virta and Mr. Norman; FIled. 2. Letter dated 4/12/82 trom E. Rruce Chelldlc, President, Jobbers Warehousc Service, Inc., st~tin9 his strong opposition to Petition R-82-2C, regarding the rezoning from Re~identilll Tourist to Residential Multi-Family. Virtð and Mr. Norman; Filed. c hang e xc Mr. Page 52 ·~o,; 068 >,\~ 659 .. April 20, 198~ aD~ 068 f\U660 3. Memo datcd 3/29/82 f~om Richard Froemke, Chief, Division of Recreation and Parks, Department of Natural Resources, to the Florida Recreation Development Assistance Program Applicants, indicating Grant Application status with attðched prioritized list of application requests and copy forwarded to Mr. Rollie Rice with a letter explaining that Lake Trafford Fishing pier/Boat Ramp application did not warrant receipt of funding approval because available program funds were allocated to higher priority applications. xc acc, Mr. virta, Mr. Barksdale, and Mr. Holley; Filed. 4. Copy of letter dated 4/5/82 to Dr. will iam Cox from Edward Houck, Ph. D. I Execut ive Di rcctor, South Central Florida Health Systems Council, Inc., infor;c.ing Dr. Cox thðt the Slating Committee appointed him to serve 0n the Board of Directors of the Council, effective flpril 1, 1982. Filed. 5. Certificate of Need Requests from the South central Florida Health Systems Council, Inc. showing current projects under review. Filed. 6. Minutes of Coastal Area planning Commission and Collier County Planning Agency meeting of April l, 1982. Filed. 7. Minutes of Ochopee Fire Control District Advisory C~mmittee meeting of April 7, 1982. Filed. 8. Minutes of Golden Gate Community Center Aõvisory Committee meeting of March 30, 1982. Filed. 9. Minutes of Immokalee Area Planning Commission meeting of March 22, 1982. Filed. lO. ~inutes of Isles of Capri Fire Control District Advisory Committee meeting of April 5, 1982. Filed. ll. /o'.onthly Departmental Reports: CETA status report for March 1982: Medical Examiners Servlc~- to Collier County for March, 1982: Zoning Department Investigations for February and March, 19t>2¡ and Collier County Public Library l\ctivities Report as of March 31, 1982. Filed. 12. Request from nine (9) homeowners on P'larco Island that the BCC take appropriate action to require the removal of a concrete and metal (8-9 feet) fence at the corner of Inlet DrivE." and South Barfield Road. xc ~r. Norman and Mr. virta. Filed. l3. Copy of letter dated l\pril 5, 1982, from Mr. Edward Martin, Assistant Finance and Accounting Director, Department of Highway Safety and Motor Vehicles, regarding the number of Page ~3 , . I · - .. - - ~ . .. April 20, 198? mobile homes in Collicr County, and verifying zoning laws which would prohibit or allow mobile homes. xc Mr. Guy Carlton and Mr. Norman. Filed. l4. Lettcr dated April 8, 1982, from Mr. Brad Estes, Cablevision Manager of Palmer Cablevision, attaching auditor'~ reports on gross revenues on which the franchise fee was based for 1981. Filed. 15. Copy of Lee County Electric Cooperative, Inc., 1981 Annual Report. Filed. l6. Letter dated April l6, 1982, to the BCC from Vern Kaiser, Supcrvisor of Permit Administration Division, Resource Control Department, South florida Water Management District, re Permit (MOD) No. 1l-00l54-S, Collicr County, S--/T47, 48, "9, 50, 51S/R:?6, 27, 28, 29E, cnclosing a copy of their District's Staff report covering Collier County's pcrmit modification. xc Mr. Norman and Mr. Barksdale; Filed. 17. Lettcr dated April l4, 1982, to the BCC from Mr. John J. Gillespie stating his objections to the rezoning of property within 300 feet of the property he o....ns (Lot 3, Block 236), Marco Island. xc Mr. Norman and Mr. virta; filed. 18. Letter dated April 14, J982, from Mrs. Mary Brown requesting information on property she o....ns in Gold~n Gate F.states with ~cspect to construction. xc Mr. Norman; Filed. 19. Memo rated April lñ, 19R2, from Steve Mayberry, Director, State ~f Florida Department of Commerce, regarding Economic Develolrnent Transportation fund. The memo indicated that the 1982 Lc~islature appropriated SA,625,OOO to them for the purpos~ of funding economic devclopment transportation prLjec~s, and attaching applications which will be accepted untL May 24,1982. xc Mr. Norman; Filed. 20. News release dated March 29, 1982, from Kathryn J. Hahn, Bureau of Highway Safety, outlining information regarding the Child Restrai~t Bill and attaching brochures of information. xc Mr. Norman; Filed. Pa g e 54 ~O~ 068 tAti œt etl:>K 068 aœ662 April 20, 1982 21. Letter dated April 13, 1982, from M.:1CVC Reddin, Executive Dlréctor, Arca Agency on Aging, enclosing ð copy of tha Second Semi-Annuðl visit for the Collier County Community Ca:e for the Elderly project. xc Mr. Norman1 Filud. " " " " " " There being no further business for the good of the County, the mecting was adjourned by ordcr of the Chair - Time ll:OO A.M. \1 ¡ I ,. I. I " " ~ A'TTF.5T: (.,'. '01 I LLIAM J. REAGAN, r ,- ,... " . . . ,,' I, ~'.\......\\., BOARD OF COUNTY COMMISSIONERS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICT: UNDER ITS CON~ROL (//2 ic){,~ -C. R. "RUSS" WIMER, CHAIRMAN CLERK »t~ O.e. :;:;:Wð' /0//FL- presented V These minutcs approved by the BCC on or as corrected , . I " as Page 55