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BCC Minutes 09/01/1981 R naples, Florida, September 1, 1981 LET IT 8B REMEMBERED, that the Board of County Comml..loners In and for the Oounty of Oolller, and also acting aa the governing board(s) of such special districts a. have been created according to lav and having conducted bu.lne.. herein, met on this date at 9100 ^.H. In Regular Se..ion in Building -F· of the Courthouse Complex with the following .~ber. pre.ents CR"IRMANI VICE CH1\IRM"Ns John It. Pistol:' Clifford Wenzel C.R. -Russ- Wimer Mary-Prance. Krus. David C. Brown ALSO PRESENTs Rarold L. Hall, Chief Ceputy Clerk/FI.cal Officer, I Darlene Davidson and Eltnor Skinner (1130 P.M.) Deputy Clerk., Donald pickworth, County Attorney, Ken Cuyler, As.lstant County Attorney, C. William Norman, County Manager, Terry Vlrta, Co~munity Development Adminl.trator, Danny Crew, Planning Director, Lee Layne and Tetry . Clark, Planner., Jeffory Perry, ZonlnC] Director, Thomas nafner, Public Safety "dalnlstrator, Clifford Barksdale, Public Works Admlnl.trator, Crace Spaulding, Administrative "Ide to the Board, and, Deputy Chief Raymond Barnet.t and William McNulty (1130 P.M.), Sheriff'. Depart.ent. 'a98 1 8COK 063 rACE332 ,,' .. .. .. ..: ^,:: ill __"""___"""'~"""'~'~''''''''''~'"'''''''~'''._.',". ,-",.-, .... .... September 1, 1981 "CENDA - "PPROVED AS CHANCED "ND WITH ADDITIONS/DELETIONS Chairman Plstor referred to the following items on the Itallzed. ... .... . .,_ . .0'. . _ . agenda that will be considered in the order given, first, the consideration of the appointment of Collier County's new Extension Agent, second, consideration of adoption of occupational license ordinance, and third, consideration of the adoption of an ordinance re Marco Water/sewer District. Comalssioner Wenzel moved, seconded by Co~missioner Krus. and carried unanimously, that the ~genda be approved, with the afore.entioneð change. in scheduling and the following addition. and/or deletion. I 1. DIscus.ion and report re Renderson Creek ad1ed to Public Works. 2. Clarification of certain previous BCC action re Data Processing Department - added under Board of County Commisslonera. 3. "ppointment of alternate me~ber on Marco Island Beautification "rea 1\ðv1sory Committee - added under Board of County Cornaals.lonors. 4. Consideration of tentative approval of Supervisor of Elections' budget with amendments - added to Board of County Commis.loners. 5. Workshop sessIon re Planning Department - may not be heard, depending on time availability. 6. execution of quit claim deed re Wings South Limited - added to County "ttorney'. Report. RECINALD BROWN APPOINTED AS EXTENSION "CENT (DIRECTOR OF "CRICULTURE DEPARTMENT) .. .~ Mr. Steven Ryan, Director of the University of Florida EXtension Service, atated that he was pleased to announce that the Extension Service I. prepared, upon completion of a nation wide search, to reco..end Mr. R89lnald Brown a. a candidate for appointment to the 'age 2 &001( 063 rACE '336 -~----- '....V'-v"'.......,~eo"__ -.---........ po ...."":T"~Ir!'.....r \( "t , .... '...... , , . , ,;~~.~~;~::;;.;~ ".~.,....(,' - ',' '~ " .~...: .. -f.:~ ",' ::I.:::t?".':'.,.4';tf:..·.,,· ,,', . . ".! " ~ . ,'" ""'..'- j ,.., ..... .J, . A . . "- , ',. ,,,. . '~ . . :-0 , ... ., -..... I . ---:..".......,.......... 'J',: loœ 063 rAtE 337 "ft ,F" ' ,II;, .. - ~'i~;~ ~ S.ptember l, 1981 positIon of Collier County Extension "CJent. Mr. Ryan outlined some of Mr. Brown's experience and the areas of hi. expertise end upon his Introduction to the members of the Board, Comml..loner Brown .xpre...d hi. pleasure In considering Mr. Brown'. appolntm.nt, addinCJ that, in hi. opinion, he Is well qualified for the position. CoMmissioner Brown moved, second.d by COmmissioner Kruse and carried unani~ou81y, that Mr. Reginald Brown be appointed a. the Collier County Extension ~ent and Director of the "9ricultur. Departllen t. Mr. Brown said that he 18 looking forward to contributing towards a v.ry successful program in Collier County. Upon Mr. Brown's statement that he will be ~oving his family to Collier County as soon as possible and that h. is pleased to accept the position, he wa. welco~ed and congratulated by the members of the Board EMERCENCY DtCL1\RED AND EMERCENCY ORDIN"NCE NO. 81-42 RE OCCUPATIONAL LICENSES - ADOPTED I Legal notice having been publi.hed In the Naples Daily ~ws on I ~ugu.t 6, 1981, as evidenced by "ffldavlt of Publication fil.d with the Cl.rk, public hearing, having been continued from "ugust 25, 1981, wa. reopened to consider the adoption of an Ordlnanc. regarding the l.vying of revl.ed Occupational Licenses taxe.. Upon h.arlng that there were no registered apeakera, Oo..issioner' Nl.er aoved, seconded by C~i.slon.r Kruse and carried un.nlMOualy, that the public hesrlng b. closed. Pa9. 3 . '. .. "'''~''''''-'"'_'';';;<''';¡;'¡''''_M''''''"'~''___.''''_~___''M''''_''''_''''''''''''''_"'<""_'"~"'_""""'_''''_'''''",,,,_"_~,,,,,,''"^,.''_",,~,,,,,,, ......,..... ~ ..... ..... ... .... ..... .....-.... ..... ..... .... - - - - .....'.... ------ ..... ..... ....... ..... -....... ----- -- - - - - - .. ~ . '..". . Septe~ber 1, 1981 Chairmen pistor stateð that, pursuant to thorough discussion. by the Board, all corrections, additions, and deletion., having been suggested by the ..mb.rs of the Board, have b.en Incorporated in the drafted ordinanc. b.for. the Board today. Th.re was a brief discu.slon r.gardlng the need for staff to date drafts tor easier recognition, a. .xpr....d by Commls.ioner Wenzel, and Chairman Pistor noted that thl. should be don. In the future. Pursuðnt to an explanation from County Attorney Pickworth that an emergency must be d.clared in order to allow for the 8ubject ordinance to beco.e .ffectiv. today, Commissioner Wenz.l mov.d, seconded by CO~is810ner Krus. and carried unanimously, that a stat. of e..rgency be d.clar.d. Commissioner Wimer moved, second.d by Commission.r Brown and carried unanimously, that the Ordinanc. .s numbered and entitled below, be adopted and entered into Ordinance Book No. 13. ORDIN~NCE NO. 81-42 BEING AN ORDINANCE RELATING TO OCCUPATION"L LICENSES, LEVYING "N OCCUP"TIONAL LICENSE T"X, PROHIBITINC "NY PERSON rR~ ENCAGING IN OR MANAC- INC ~NY BUSINESS, PROrESSION OR OCCUPATION UNLESS ^ COUNTY LICENSE SH1\LL KAVE BEEN PROCURED FR~ THE COUNTY TAX COLLECTOR, ESTABLIS"I~G CLASSIFIC"TIONS OF OCCUPATIONS AND LICENSE TAXES FOR EACR, PROvtD- INC EXEMPTIONS, PROVIDINC PROCEDURES, PROVIDING FOR PENALTIES AND ENrORCEMENT, PROHIBITINO VIOLATION AND MAKING SAME A MISDEMEANOR, REP~ALING ORDINANCE 72-31 AUTHORIZINC COMMISSION FOR TAX COLLECTOR AND PROVIDINC AN ErrECTIVE ~TE. Pa98 4 'OOK 063 net 338 ;i' ". .~. .~. -~~~~r-~~~~~-~~~~~~~~~ . ..... ..'.,.."... . . '"",,- .. ···.·"f.r\$'·.,· '" -_ '. , ,....." .'/'.'~ f!W. , ...., -I ',. ...1."'" l'" '·,'l,.(..~.__::~,¡ :.~AI!'. , " '. . _"i.. ,. .... .' a.¡¡,"r... ...... "'..~. .' ........ . ........... ....... " .. .t-r· .. ,'-"'. ....Io",""..~" ",,,,~'tt .i):i'C/J.'~v,~: '~. . ".-., '..." ,," to -".. ;\,,;, .. ",-,.., ""J""f "t:' .~~~"'«~'_" ',. .. :1..... ,",' . ....., ,,,,.. . .... . _.,,;ß........ . . "-v:,,.1: ;'\'J\.~.,t\..'..,'..;<.-.,.. ~.,~ .#,' ./. .r......,.,. 4; .IJ re' ,. .. 'It ;', ..' 1'\ '. \. .... ~"....~·.".,._itr.'¡r '';',1')1',' '. . ..' -.. ,. ~".... ..,.. '\. "., .', .. . ..~':i" . ,".f)'.. '. ~;·,,1:~ f ".;" "~;" ':.,'" ,,' d.,ilJ ".,;1,.,.,.", "l " ; . ·,~:·,:.,!\;·.·t~.'i.:r¡,::¡.^, . "'.", :... ..~ . w' ~,. "1(0..,/ ',~;, ,"{>',,'," ~-". . Qli :.' ~., , . ..·.·'·~~~iti~~'.,...> :r:~.J:R:: I " . I"~~~'i:"~' ..,...' . . ~ :'~fH 1.~.)t~\Io~~"';"~~."'i. >i'·,·'."",."·,:."·"''''''....,.....''"''''.__".,,..:;......,,,......:..;,'''....""., ."~_."'""",."'''....''".-..._--,-,¡¡¡-,-"-_....,._-,~~'''~."....."''.''''''''-~..""-".-...,~-¡.,~,-'...,.._...,"~...~"".,~'".,.,,,- '" "_.".",><,...~.,,,,,,,;,.- ., , " . '. .....,... ." :' .. ..., .''',. ' " . . , " ..J.o ' ~ ---...._--~----...._-----........... ;Þ1~'·· " :i' '( ¡'.\ '. );:',OOt' 063 PAŒ339 ....~.. September 1, 1981 RESOLUTION MWS-81-3, AMENDINC TRE M"RCO W~TER/SEWER DISTRICT'S "WARD RESOLUTION RE S~LE.OF $1,960,000 SEWER REVENUE AND SPECIAL "SSESSHENT IONDS, SERIES 1980 BY REVISINC INTEREST P"YMENT DATE AND MATURITY ,SCHEDULE - ADOPTED Referring to the Marco Water/Sewer District's sale of $1,960,000 s.wer revenue and special a.seasement bonds, County Attorn~y pickworth atated that, pursuant to the Issue being closed with the ~RA on June 30, 1981 rather than on July 1, 19B1, the rmRA Is requestlne¡ that the bond. all be redated to reflect the June 30, 19B1 closing date. Re stated that he has drafted a revised award Resolution, which will reflect this measure end, upon adoption of this resolution, he will reissue a new set of bonds, carrying the correct date to the rmHA. Commissioner ~Imer moved, seconded by Commissioner Kruse and carried unanimously, that Resolution MWS-81-J, amending the Marco Water/Sewer District's award resolution re sale of sewer revenue and special assessment bonds, (Series 1980) by revising the Interest pe~.nt date and ~aturity schedule, be adopted. f.. .if "9& 5 ,_·'C .,..,...,....".;_~..,_~,_'" '.'_...~""..""..""'...."""".__"".'._. ·.,·,~··",.,;·,_,·,~'.!I~<&..L........_._____.....~"'""_____.".,~...-..',H",i"'...',..._....",."'",.".,""",..., ; . -- - -J.....-.. .......... ~... .",¡~" , ,.:~:> , *': ~ . ' "; .,Jo..~ "''\t('' ',. >'.\..' -'-'-'~ -J___..:.;,.;.j;j;::..... 4.. I . .. ~ ... --".....,.......-J....".--'--*...............~ I. ~, '. ~~,):-) .. ~.. .-.' \' ...~! --C' . ~,;._, ;~\"'~ - Legal notice having been published in the Naples Daily News on ,{,.~. ,.t,. ., , o¡'¡: "'July 31, 1981, as evidenced by Affidavit of Publication fUeð with t!1. ., ~,, ... ~'..,..' ...-:." Clerk, public hearing was opened to consider Petition R-81-14C, filed by William Vines for Youth Raven, requestlnq rezoning from ·RM-l- with (PU-4) to ·PUDw, for expansion of Youth Haven located on the south side of Whittaker Road, Section 17, T50S, R26E. -~".,.._._.--;"......~~.. ,.--, 8001 063 PACE345 Sept.~ber 1, 1981 ORDINANCE NO. 81-43 RE PETITION R-81-14C, WILLIAM VINES FOR YOUTH HAVEN RI REZONE FROM wRM-l- WITH (PU-4) TO ·PUD- FOR EXPANSION OP YOUTH HAVEN - ADOPTED Planner Lee Layne located the subject property on an overhead map " and explained that the proposal Is to expand Youth Haven to allow for housing of up to 50 children and 15 etatf members. Sha stated that, pursuðnt to their public hearing on August 6, 1981, the C"PC is recommending approval of Petition R-81-14C. Hearing that there were no registered speakers, Co~ls.loner Wenzel moved, seconded by Commissioner Kruse and carried unanimously, that the public hearln9 be closed. Commissioner Wenzel moved, seconded by Commissioner ~ru.. and carried unanimously, that the Ordinance as n~bered and entltl.d below be adopted and entered Into Ordinance Book No. 13. ORDINANCE NO. 8l-43 AN ORDINANCE AMENDING ORDINANCE 76-30, Tn! COMPRE- RENSIY! ZONING RECULATIONS FOR TRE UNINCORPORATEt) AREA OF THE C01\STAL AREA PLAHNINC DISTRICT 8Y AMENDING THE ZONING ATLAS AAP NU,.8ER 50-26-4 BY CR1\NGINC TRE ZONING CLASSIPIC"TION OF THE FOLLOWINC D£SCRI8£D PROPERTY PROM RM-l WITH PROVISION"L USE TO PUC-PL"NNED UNIT DEVELOPfltENTa P"RT 01' THE NE 1/4 OP SECTION 17, TOWNSHIP 50 SOUTR, RAMCE 26 EAST, COLLIER COUNTY, FLORID" rOR PROPERTY ~OWH ItS YOUTH HAVEN AND BY PROVIDING "N EFrECTIVE DATE. Page I '"''"''''"'''''''''''~''''''''-''--''''''''''.''''''''_.'-'-'''''-''''''"'-''' , ,..." ""'N,' ,;"'.__,,,.._"'~_.....,__ _.... .~ .-.-......,-"','-...,'-'.,.,...--....."""'..-'"".."""..." .' ;1' .,' . . . ,l, I,)'" . ,";.;t.' ~!"" .. ":~~'~"::"I#"'" \~.~1"''f~~¡t~·~~~.,l.¡~~~,¡~ ' J'~"~'."" ."C.",..._~~.,,~.,_. .. .-.... "\ ..~- "~~.ffIIIPr."., "'J::' ,'- '.I"" ~"'..,.... ", . ...~,' . -...... . . "''''p- . ." ""'¡~' -.' . ..~.'... ,.- V9\."" , .'\"~ i~-' '", . .::.~;:. .~~~:.t'. ................<....,.-., '. . " .~":.,,':....~...'-.:..,.. t.!"'···',",,,,'" '-, "':r" "t, ,_..,.}:.' '''~.' .'.: - ,....'\-.-...:o.'~.... --r1'1""'~'-'"""--' . ..~- ,... ,'It.... . .' < :j:........-,( ...,.~...... .... .-..."......~ oÞ " " .,1 .'" ,.u, ~ lilt ...,- i, ...... ',; . -, '.~. " ..~,:q.:... ..Septeflber 1, 1981 ORDIN"NCE NO. 81-44, RE PETITION CP-81-3C, DOUCL1\S MCCOON, REQUESTING A L1\ND USE AMENDMENT FROM "CRICULTURE TO RESIDENTIAL MEDIUM DENSITY (0-6.22 UNITS FER CROSS ACRE) POR APPROXIMATELY 97 "CRES IN COPEL1\ND - ADOPTED, AS "MENDED TO "LLOW LOW DENSITY (0-2 UNITS PER CROSS ACRE) Legal notice having been published In the Naples Daily Neva on July 31, 1981 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition CP-8l-3C, filed by Dougla. McCoon, requesting a land use amendment from Agriculture to Re.ldential Medium Density (0-6.22 unit. per gro.. acre) for .pproxl~ately 97 acre. w.øt of Scenic Drive In Copeland. Plannner Terry Clark outlined the general location of the subject . ...,¡. ~ 'S' ~~'-. ,.¡ . <. If' r ¡, ~ property on an overhead map and, referring to the Executive Summary dated 8/7/81, summarized the Information therein regarding the .ubject I petition, includ1n9 that the CCPA and the staff are reco~mendlng denial of ~h. subject petititon, based on the fact that it has not been determined that the intended use Is appropriate for the subject property. He said that the petitioner has stated that he Intends to initiate a petition for the subject land to acquire FVR zoning, which would allow a potential of 603 units to be constructed on the subject property. Mr. Clark also stated that the subject property'. do~lnant vegetation Is cypre.s and other wetland varietie. and that the ataff consider. the property to be environmentally sensitive. Re referred the Board to Objective 6, Policy (B), of the Comprehensive Plan Lind Us. Element which stated that it Is County policy to ·prohiblt urban development that would encroach Into areas of environmental sen.itlvlty·. .,. . . aoax 063 rACE 346 Mr. McCoon outlined hi. po.ltion regarding the reason. for hi. . request, Including ~any proble~s that he has faced in the pa.t In hi. attenpt to use the subject land as a camping spot for the local Boy .8ge 7 ,', ... '\ ~.~ . p'. . . . ... '/ . .' , ..,,:.. ',,:.- . t< ." .. -, ,--.,. \.-.. '. - '. ,. . .. '01 .. ..... ... ... , ',. ...... . . . , , \ r , . . . . . . ~~~~--~~~~~~~~~~~~-~~~~~~~~ ; " ;, :. aoei 063 rACE 347 September 1, 1981 .. Scouts and still meet all the Federal, State anð local regulations at , . '. \~"I,th~ sam. title. He also outlined his plans to incorporate 80me of the ,)tì':~·· , ~.!.. hic¡her spots of land, which he referred to as hammock areas, to sites for trailer. tor the purpose of offsetting some of the expense. he has Incurred in developing the subject property as a camping area, Including fill, shower/restroom facilities, roads, cabins, anð chick.e.. He stated that he has no intentlGns of devoloping the land into 603 dwelling units, rather, he only wisheð to have one unit for approximately 2-1/2 acres, adding that the rea80n that he intend. to apply tor FVR zoning is because he bolieves that thl. i. the di.trict that will allow him the most flexibility, whereby he can incorporate the pre.ent camping area., trailer spots and additional cabins and .till .eet all of the requirements of the relevant agencies involved. Mr. McGoon al.o outlined certain difference. of opinion between the Building Departmftnt regulations and those of the .nvlro~ental I health ag.ncles a. to what he can and cannot do on the land. Re explained the problem. a.soclated with bathhouse/re.troo. facllitle. and'the placement of cabins, etc., within a given radius of those facilities. He said that the Bulldi~ Department t.ll. hi~ that h. cannot place all the cabin. within 200 ft. of the facllltle., according to hi. pre.ent land use de.lgnatlon (d.nsity restrictions) and the applic.ble &Oning r.qulre~ent., yet, the environmental health people tell hiD that they .ust be placed vlthln that .... 200 ft. radius In order to ~eet health regulations. This was dl.cu.sed briefly, aft.r which C~lssloner PI.tor asked Mr. Vlrta if, in order for Mr. McCoon U tollow throuc¡¡h vlth the plans i. he outlined th·e. 'today, Is"lt .. ~,' .. '\::. ~', ~:. ".n~!,.,. :-"sary ß ...'I"~WII, ,'" ....~ '.nalty, or, I. th.r. -~"~:"'''';''~ ' .. for hi. to have the land use aaend.ent allowing for ..dlu. anoth.r .ore appropriate land uae d..lc¡natlon 'at· . -'-.'""'"'--''"''''''''.,,,,,,.. ~ f~: " :;;... ''t~ ...~, ,1..1>1~ ';~ _, ,,1,' .....,It , . ':'''m ,~ '~ "'," <~:'" "',ot .' , - ~-I':'" J.": ',~ .;. "';!, "'j' i ~. ~ Septe~ber 1, 1981 , that would be applicable? Mr. Virta stated that if Mr. McCoon wI.he. to request FVR zoning, he is required to f~~st be 9ranted the l~~d u.. amen~ent to m.dlum density. Mr. Vlrta explained that there is no specific land use designation that will cover all of the intented u.e. for one piece of property a. de.crlbed by Mr. McGoon. The discussion continued, during which County Manager Norman referred the Board to the rea.on that Mr. McCoon has stated tor reque.tlng the subject land use amendment, a. Indicated within the application, which reads, -Everglades City Is becoming too expensive for poor fishermen and other.-. Thi. was dl.cus.ed, during which Mr. McCoon as.ured the Board that he doe. not Intend to develop a ~obile home park. Also discussed was the intent of the FVR zoning district, as explained by Mr. Virta, the possibility that Mr. McCoon'. Intention. toward the kinds of development that he has In mind for hi. property ølght be best .eryed through the application for a PUD, the fact that Mr. McCoon will still need to have the land us. designation amend.d regardle.. of how he Intends to develop the land as long as he doe. not Intend to use I t for agricultural purpos.s, and, the determination of what land u.e de.ignatlon would b. most applicable to Mr. McCcon's Intented u.... Chalr~an pl.tor a.ked Mr. McCoon If he would be satisfied with a le..or degr.e of density, I.e. re.idential low density 0-2 units per gross acrs? Mr. McGoon stated that this would be satisfactory. Coø.l..loner Wenzel ~oved, .econded by COMmls.ioner Kru.e and carried unanlmou.ly, that the public hearing be clo.ed. ~ .... - -- ~-' .' ..., ....~.. . , "'J'< . . :.;; ." . :"'~~,1 . ~J"f9 t, . l. &GOX 063 rACE3(B Pa9· , , .. "; ~. t' ; '<, ,0. ", \-.. ;, II!!' '.. , ,.' t;.:~,~ '. '. ..J'~ "'-.,'" " ..' .\' oOI! ...,:o-.;1t , '. \. ~..~ .. .~ .... '-~·e··'_·______........_"...............,,",_,,.......,,__,,_.....·.~.,·_~,,c~_""~'·._~·_, ~.<~~. ~'I"!.,.....,,o" . . ..'....., . , t .(.~.. ;..;~ n;¿ . "..~',: ··'~.·Jl·.·, ~, " .'tj ", ~, . .. ',. . ~\ t..¡,:"~."" t~.~~^"l ." I '. '110 .. "~' "~ . . .. A ", ' . "';--I:"";';"'...,J __......~....._.J ___.. --' -' ----'-'..:.-.:.----" ~". '. ' ~'; a~ 063 M349 September 1, 1981 Comais.loner Wenzel moved, seconded by Commissioner Krus_ and " .. .' \ carried unanimously, that Petition CP-81-3C be qranted, amending the , "',. -,."', .~ "','1.' ~;, I..~ .~ ", land U.. designation to Residential low density, 0-2 units per gross , 1.: ~~ .." . ~~: acre be granted, and that the ordinance as nUMbered and entitled below be adopted and entered Into Ordinance Book No. 13. ORDIN~NCE NO. 81-44 AN ORDINANCE "MENDINC ORDINANCE NO. 79-32, THE COMPREHENSIVE PLAN FOR COLLIER COUNTY, FLORIDA, BY AMENDING THE L1\ND USE ELEMENT WOR~ STUDY "REAS HAP '7 FROM "GRICULTURE TO RESIDENTIAL LOW DENSITY (0-2 UNITS PER CROSS ACRE) ON THE FOLLOWINC DESCRIBED PROPERTY a ^ PORTION OF THr. EAST 1/2 or SECTIONS 12, AND lJ, TOWNSHIP S2 SOUTn, RANGE 29 EAST, CONSIST- INC OF APPROXIMATELY 97.0 "CRES, AND PROVIDINC AN EFFECTIVE DATE. PETITION CP-Sl-SC, BRUCE GREEN, REPRESENTING PATRICK LYNCR AND JOSEPH FEUCHT, REQUESTING A L1\ND USE AMENDMENT FROM AGRICULTURE TO COMMERCIAL FOR APPROXIMATELY 24 ACRES IN SECTION 18, T51S, R27E, EAST OF CREENW"Y ROAD "ND NORTH OF U.s. 41 EAST - DENIED. Legal notice having been publlahed in the Naples Dlily Neva on July 31, 1981, as evidenced by Affld.vit of Publication filed with the Clerk, public hearing was opened to consider Petition CP-81-5C, filed by Bruce Creen, repre.ent!ng Patrick Lynch and Jo.eph Feucht, requesting a land US& .~.nd~ent from A9riculture to Co~.erclal for approxImately 24 acres in Section 18, TSlS, R27E, east of Cre~nway Road and north of U.s. 41 Eaat. Planner Terry Clark referred to the Executi~e Su..ary dated 8/13/81 and recapped the contents thereof r8Cjarding Petition CP-81-SC, including the fact that the CCPA has reco~~ended 3/2, that the aubject petition be approved. 8r~~ Creen, of Bruce Cre.en , :,-a~chte., In~., introduced t"e petltlcners, Mr. Patrick Lynch of Ireland, and Mr. Joseph ruecht, of '!'emM.... . 'ag_ 10 ,-." '··'·'·~""·'-"""··~"~-··'""""_.'___""i""''''·~-''''''~""''''·"'·''' ~ ~ . Septe~ber l, 1981 - Mr. Cr.en explained that the petlt~oner. have purchased property on which they intend to construct a travel-trailer park, and that they believe that there is a n.ed for such a facility as evldencd by the overcrowded situation during the touriat seaaon at those parks now constructed in Collier County. He said that, although there are other TTRV zoned parcels within the general area of the subject property, none of this property has been developed In this .anner. Mr. Lynch requested that the Board act favorably on the subject petition, explaining that he has recently noved to thl. country and Is looking forward to moving hi. tamlly to COllier County. Hearing that there were no registered speakers, Commissioner Wenzol moved to close the public hearing. Com=is,loner Wimer ask~d Mr. Vlrta what the staff's recommendation Is regarding the subject petition and Mr. Vlrta replied that his recommendation Is for denial. This recommendation was discussed briefly, during which Commissioner Wimer noted that the Executive S~ary, reterrlng to -recommendation- does not state that the staff reco~mends denial. Mr. Virta explained that the Executive Summary Ja a f$ form of correspondence trom the CCPA, reflectinCJ their recommendations .' '.¡ and not that of the staff. Commissioner Wimer reque.ted that, In the future, all Executive Summar!.s contain recommendations of both the staff and the CAPC or CCPA, whichever Is pertinent. In answer to Commissioner Wimer, Mr. Vlrta explained that staff's recommendation for denial I. based on the fact that a need for additional travel trailer parks, as requested by the petitioner, has not been statistically proven and that, In his opinion, there are sufficient parcels already designated for this kind of a use. Also I di~cussed was the n~bers of acres in Coller County already zoned TTRV . '; tOOl( 063 PACE 350 P8ge 11 .."..-~...~.~~~ ..... iJIf"'I" . , ~ I .. .I . ~. .. ": .;..... . . 1 ~. ,.', \, . . r. .,,..f ".. I"~ .ar-I.· .. ' .. . "- -'1 .t,,"IJ.-.. '1 .' rr-" - .;.,,".'ot; , '-¡'''-..,.. _ r.' > >'. ' .' :>. :",:, ~:" 0 ' '. ,,_~>..~). .-: ',s" ~ ~ , . . ~ . ,. . t t' ~ ' .... , ~~__~~~_~~__~~J____~__~_______ #_- j, ". , . W)t 063 nœ35f September 1, 1981 and the locations of these parcels, as outlineð by Mr. Vlrta and " " Lee Layne. Com~issioner Kruse seconded the motion to close the public hearinq ,'~.-. which carried unanlmousl y. '~."; ~ A motion for approval of Petition CP-Bl-SC offered by Co~~is.loner Brown and seconded by Commissioner Kruse, failed 2/3, with Comals.loners Wenzel, Wimer and pistor opposed. ADMINISTRATION DECISION THAT 1.488 IS LESS THAN 1/2 OF " WHOLE UNIT RE PETITION A-81-4-C, HERB SAVAGE, - OVERTURNED, TRANSFER OP ONE "DDI- TIONAL TDR (TOTALLINC TWO (2) TDR'S) RE SWALLOWS OF S"N M"RCO, LOT 3, BLOCK 340, MARCO BEACH SUBDIVISION - APPROVED Leqal notice having been published In the Nap1e. Daily News on August 16, 1981 and In the Marco Island Eagle on August 20, 19a1, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition A-81-4C, filed by Herb Savage, appealing an ad., inhtrative ded don that 1.48a does not .qua't. to 1.5 thereby allowing 2 units to be transferred to an eligible -RM-2w toned lot. Zoning Director Jeffory Perry referred to the Infor..tion outlined within the Executive Summary, dated 7/30/81, regarding the .ath..atical calculations for eligible TDR's for transfer to the subject -RM-2- property. He said th~t the subject property I. .93 acre. and, therefore, .ay transfer 1.6 unit. or 10' of the n~ber or units allowed on tho property, whichever 1. greater. He .aid that, ba.ed on the applicable formula, whereby the .93 acre. is multiplied by I.' (units), the product i. 1.48~. He explained that, accordlnc¡ to Section 9.8F(3) th~. 'would .ean that only 1 dwell1ne¡unit would be .lle¡lble for , . transfer, a. the fractional nu.ber .~8. Is les. than 1/2 of . whol_ "., . 'at- 12 " '. < . .' . ,.., ' . ~, .... _t·.·;",§" '.' ~.I· . ~ '~-' ""-'_:.¡,-.,~-~ ...' ""''''','¡''' '. ..~_,.... ....:. ~ _-.:~~~.,;¡~.... ~ ....,..,~.. , . September 1, 1981 . . f· . '.~ . .' '~ . ... unit and would be converted downward. He said that any fractional .. ';f , .~ :~ .,~ . , number over .5 would have been converted upward to the next whole nUl\ber. Mr. Perry read the following Section 9.BF(3) of the Zoning Ordinance Into the records -For the purpose of calculatin9 the final tractional residential unit of the total number of re.ldential units eligible tor transter to a non--ST- property, the following shall applys any tractional residential unit shall be conv.rted upward if 1/2 or more ot a whole unit, or downward, It le.s than 1/2 of a whole unit to the nearest unit value.- Mr. Perry concluded by stating that the petitioner contends that 1.488 equals 1.5 or 2 dwelling units that can be transferred. Mr. Tom Brown, representing the petitioner, stated that, based on the formula of TDR's revftlant to RM-2 land, one combines the .quare footage of the lot with the square footage of the particular building, the sum of which Is divided by 4,500. He said that, when applied to the subject lot, the quotient Is 13.79 units. He said that the fractional number .78 is dropped and the number of units Is then rounded off to the whole number 13, which Is the allowable number of units that may be constructed. Re said that the petitioner is att~mpting to use two TOR's to increase that denøity to 15 unit.. Mr. Brown said that the .a.i.st way to accomplish this Increase in density is to use the TDR's, which have already been purcha.ed, transferred to and accepted by the County. Re .aid that this .ethodology was acceptable When the petitioner began this project, because the Ordinance does not actually specify how the County -rounds .' ~ off these number.-. Mr. Brown clarified that the rel.vant Ordinance .' . addr...e. numbers In term. of -tenth.-, It doe. not 'addr..s -hundredth.- nor doe. it address -thou.andths-. WJI 063 rm352 Page 13 ~.........- ~ .";. .....~fII .1. . +:;~f''':~',.~_,4'' . ,,,., '; .....~.......~. - ~- ~ ".',,:,é. ,.."'~~..'" ",. , ',þ' ....~ ...... ,.i', " .'. "'Ie" '·~~.,.;;;t..k.... ." ,,'/ ...:.... ,.... ·:I~'···... ',' "' '.,."..~ ....'\o.'.,~" " ...... ~ , " . ... .'. "." ." _.. A~.U.., .. '. '. , .' .....' F:"..·~....1· ," "', '~1.~, .~.. ...' ~. . ......~,~..,',~...., .'. ..."~ ,".':1"'. .' -",,- " _ __............_,...-",·__~~.m."..,..,'_'" ..'.-..""--....- , . -.. 'oIh.:.1'~'¡f!'." '.., . . :.,o.;.¿.. ~l' ." .' '" " .',..... "/' I .....It.·.·.,"'t~f . .:l"'l~!'.."· -, """"--~..... .~.' ."·lf~~"." . J,~ .~.r. .'. ~ . . "f " ~ .., ; ~I\it'*; ..... :,,.....: ..""", ¡ . . {....... .' . ,..... .. ...... ~, . " ". "II. I ... \ 'I' oj; ..." , ' I . ..,.. \ . ".'..". . ····-::_f,......··· ..:". " . ''':..\ '.1O , . \ . . '. ';'¡..J.:..ì';';';--'-I-I--I~ I ."'._j--'_--'--'-t___...f......,_--';.",.,_.:..::._--Ø~'"'""'--~. !OOK 063 PAtE 353 September l, 1981 . - . . ! ' Referring to the subject fractional number -.488-, Mr. Brown -.,., stateð that two years ago it was acceptable to the plannin9 Depart~ent that thia be -rounded off- to -.5- In order to 91ve the petitioner the ~J' ... .. '¡'; 'extra half, or, two (2) TDR's rather than just one (1). Mr. Brown outlined another method by which the petitioner could attain the requested 15 units density. He said that if the petitioner Included an additional 900 sq. ft. to the buildinq, when added to the aq. ft. of the lot and divided by 4,500, the quotient would then be -14-. He said that at that point, the petitioner could add the one (1) TDR that everyone accepts as eligible and the sum would then be -lS-. He explained that this method Is not acceptable to the petitioner becau8o, he has already paid $10,000 each for the two TDR's and the additional 900 sq. ft. of building would equate to additional construction costs, upwards of $50,000. Additionally, said Mr. Brown, ~~. petitioner would then 108e the one TDR which he has already purcha.ed and transferred to the County and thiw would be, In his opinion, unfair. Mr. Brown stated that he Ie not saying that ·roundlng of!- -.488- to -.5- is the only way to handle this, he is, however, saying that It Is a reasonable approach and, coupled with the fact that the Planning Department had accepted this theory when the project wa. bein9 for.ulated, he thinks It a fair .ethod. He added that Mr. Savage drew his per.it. and designed the plans, based on thi. ..su.ptlon. He .ald that the -bottOM line· ia that the developer will come up with 15 units either way, and he ur9ed the Board to approve of this ~ethod. Chair.an pl.tor aald that he Is not convinced that the County . . .taf! ha. ever gone along with thla .ethodology, Including anyone on the Planning or %onln9 staff. Mr. Slvae¡e stateð that there ere new Pa9. 1. . - ..,.. ,-" . ..." ...._'.á.'"'iOl!'JII,'''''';,_",Ò>...'.....__,"'''''~'-')'''''''""...,.,''''''''_,,.,.'''."""..",',."_"'..._"".".,.""_""'"'..."",,.._~."".," ,_",u,..;.,~·,....~.,.·__'""',,",.···..,·,",_~,·, "'r"'~ ..'.., . ,'~,. ..,.... ~~,.. "~ ' ·.·..f ·tJ" _~~ .' "-:'''~ ',' . "t'w',M""'''' ,:,~~·\:..";.:1·~.';""'!~. ",.' . ~ ,. .if'" Septenaber' :~.l981 Planning and Zoning Directors today, fr~irI two years ago when this .·Plan was designed. He aaid that this Interprotation of -.5- was discussed thoroughlÿ at that time with the éountystaff, and it was the consensus of tho.. involved that, es long e8 it was .0 clo.e, there would be no reason for not being eligible for the two (2) TDR's. He claimed that, according to all the schools that he has ever attended, when talking In -tenths-, 1.488 la rounded off to 1.5, adding that it seems to be reasonable to him. Mr. S~vage reminded the Board that he is not asklne¡ " . . . ~ .;. for more than the density of 15, he Is just requesting that he attain , this density via use of two (2) TDR'n. He said that he Is the architect on the project and that h. advised the owners at the ti~e of design that 2 TDR's would be acceptable, however, now with new directors and new attitudes, the owners are ready to construct, and he ! finds that this methodology is no longer acceptable. Commis.loner Kruse asked Mr. Savage, how he justifies hi. theory of automatic rounding off of fractional numbers in an upward direction when he found it acceptable that the original density figure of 13.78 was rounded downward to 13 by the staff? Mr. Brown replied that this Is the ~ethod by which the calculations are deternained in the Zoning Ordinance r89ardin9 original for~ulas related to RM-2 district.. Mr. Savage stated that under -R~ thl8 1. not 80 stipulated and that It Is Intere.tlng that there should be a difference in calculation ~ethodology. He also stated that he maintains that there should not be a difference In the policy of the staff, today, as compared to What was sugge.ted as acceptable by theM just two years a90. .. ... ... ~.;.....:. "i ;¡. &OOX 063 PACE'354 'tf; ,ae¡e 15 .' .' . . ~ .. .. ----a.4 ",.t.1f'~.."""V _ ~ r-. ~ ...-. ...- .. ........ . . . .. ! --~~---~~~~. . ~ .. . ..; , ~,.,~, " ""'~,~.',~. . . f·Mr.·1 . ........ ," " í...,. ',-.:t-, -~~ ~..l,... , ' ·';';:¡,:i,~~. . -,~·r.t·'''''1:''~,··I. . hA·'I..,. . . ". . :ia:íT" .~. ':,""\.~" . . I' \.,t... . ... ~ . ..,.. ~ ,.l"., '~ ...l1( .;..... ....~.."t.~ ,"r -.. ..' '. . ,',. . ". ."i':: .. f'~\;;.·· '.. , . . " . , . . '. . '(. '~' ~·,.Jt' ' ' : "...' . ., '" U...;;......j..j.-ll___-""..J--.lt....-----.....".-----.. - ~......'.,. . " 1'.... A,. ,-'y', ; .:." ,." ;};'.,1 ~,. ····"·1 ",1' ,:' \ ~: :,oåt 063 mf355 - September 1, 1981 Co~i.sloner Wimer asked if the second TOR could be sold, and Mr. he did not believe that it could, because, as he , ordinanco, a TOR must be transferred from ·ST- to .o~e non--ST- land. Planner Lee Layne stated that only one TDR has been transferred to the subject site and when asked by Mr. Savage where the other one is, Ma. Layne said that Collier corporation still owns it. She .aid that Mr. Savage only requeste~ that one TDR be tr~n.ferred to the subject .ite. Mr. Savage disaqreed, adding that he asked for two. He did say that two TDR's were paid for, however, due to all the confusion, perhaps only one was tTansferred thus-far, ading that his intent has always been to transfer two (2) TDR's to this site. In an ewer to Commissioner Brown, Mr. Savage stated that he Is reque.t1n9 the Board's permission to use the second TCR for this project. There wos 80me discussion a. to whether or not the .econd TDR has been transferred to the County, during which, Mr; Brown .ald that I thl. is ~oot, because the TDR could not be used unless It is transferred and accepted by the County, therefore, if permission Is granted for Mr. Savage to use the second TDR, it will be transferred. Tho .1D0rotoriuna on TOR'. wa. dhcu..ed, during which M.. Layne explained to Commis.ioner Wimer that the .ubject project S. that proj~t with which the decision to hold up on further TDR'. was a.sociated. Mr. Vlrta clarified the fact that one unit h.. been transferred to the alte, it has been accepted by the Board, anð that the other TDR unit, whoever own. It, can be .old or u.ed ao.ewhere 8l.e. Co.-Ia.loner WI.er a.ked how lDuch property the County accepted and "1'. virta said that it Va. foùr acre.. . "1"; hvåtJ'e clal.ed"that It . var. two acre. for each TDR unSt., "l'r 'ag8 11 "" ''',.,''~,,,..''',,,..,.,-'"~-<''"'-..-,..._'"-----_...,''''.-.~,,..'..... ..~ ,.,-......-~.,..-,"...__.....'""""'.."'~,~"..........""'...,~,...,---.->._-",....."',,,"'"."""'..;......_....,..,."~",,.,,; ^ ',' , :·J1··,' ,.... '-.. -. . .,. ~ - r r _ : .. .' . . " :"~ .-' . ~ ~ I'~;;,~ . . .:7:'.~· . ,~ ". . ,.,.. ~',. . ,," ....,c ""1,. ......f1.1"~~. ~ ~ ~I\..·-,~·"~. . ,~, .~: ....·...t"\,l .... \t,.~ '~ . " ~'. ~IC:".>,~ " . September 1, 19B1 \~ .-:~...^' 1''1",: Commissioner Wenzel moved, seconded by Commissioner Brown and . .L~: ·1.M,~<? ;,,~~ ..... cardecS' unanimously, thet the public hearing be closecS. . .:~ 'it Commissioner Brown moved that Mr. Savage's request regarcSlng retitlon "-81-4C, be granted. Chairman plstor asked him It that means that he moves for the approval ot ancS acceptance by the County of the additional TDR? Commissioner Brown replied affirmatively. Chairman plstor clarified the motion as approval of two dwelling units to bs transferred to the property on Swallow Road, and that the County be deeded the second TCR. Commissioner Brown agreed. Hr. Virta stated that the land (TDR'S) has already been deeded to the County, and that what is at question Is whether the petitioner can , . ~ake use of a second assignment of a dwelling unit on recipient land. Commissioner Kruse asked If the County would be setting a procedent, and Chairman pIstor stated that It would, in a way, however, as part of the new Zoning Ordinance this matter 18 being handled in such a manner as to negate the possibility of thl. kind of situation from arising in the future. Commissioner ~ruse stated that she does not agree with the -arithmetic rationals- as presented today, however, she does believe that there is a need to dispose of the subject. Commissioner Kruse seconded ths motion which carried 4/1, with Co~issloner Wenzel opposed. Commissioner Wimer clarlflod his favorable vote by stating that he is not happy with the whole subject, however, he voted In favor of the motion just to -clean It up·. . , eoOK 063 rACE356 '4It9- 17 .... - --- ..... ...... --- ...........- ...-.---."...-~......-.. ..-- -.......... -- ......,.....- -, ~- , "\ . .. ( "- , . , .. . , .. "'.. . , - - ::~: ;~',;;,. J.".:'~'~ lfllfo'~'" .... " ..,~ ' .r~....,.,.!,'''':.~..,. . . ...' .... J ' I . .... I ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~-~~~--, ' . 1~ - . ~cot ~063 rAc£'357 Septe~ber 1, 1981 ORDINANCE NO. 81-45, RE FIRE PREVENTION CODE ADOPTING 1981 NATIONAL FIRE PROTECTION ~SSOC. CODES WITH COUNTY AHENDMENTS RE BUILDING CONSTRUCTION , OPERATION - ADOPTED Legal notice having been published in the Naples Dally News on July 31, and August 7, 14, and 2l, 1981, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider the adoption of the Collier County Fire Prevention Code Ordinance. Community Development ~mini8trator Terry Virta referred to an errata sheet which ho dIstrIbuted to each of the members of the Board, containIng certain changes re dofinition of FIre ~ar.hal and Fire Official (page 6), which will be incorporated In the C~111er County Fire Prevention Code Ordinftnce, and outlined each item therein. Commissioner Wenzel moved, seconded by Commissioner Brown and carried unanimously, thðt the public hearIng be closed. Commissioner Wimer moved, seconded by CommIssioner ~ru.e and carried unanimously, that the OrdInance as numbered and entitled below be adopted and entered into Ordinance Book ~o. 13. ORDINANCE NO. 81-45 ~N ORDIN~NCE ESTABLISHING -THE COLLIER COUNTY rIR! PREVENTION CODE- BY ADOPTING AND AMENDING SPECIFIC SECTIONS OF TAE 1981 NATIONAL FIRE PROTECTION "SSOCIATION CODE TOI PROVIDE REGULATIONS WITHIN COLLIER COUNTY TO GOVERN FIRE ~ND EXPLOSIVE H~ZARDS ~O LIFE "ND PROPERTY, IMPROVING PUBLIC S~FETY BY PROMOTINC THE CONTROL "ND ABATEMENT or FIRE AND EXPLOSIVE HAZ~RCS, REGULATING THE INST"LLATIOM, USE AND M"INTENANCE OF EQUIPMENT "ND THE US! OF BUILD- INGS, STRUCTURES, PREMISES "ND OPEN AREAS, "ND ESTABLISHING SUIT"BLE FIRE PREVENTION STAND"RDS IN THE INTEREST OF THE PUBLIC REALTR, S"FETY AND WELF~nE, PROVIDINC DEFINITIONS, PROVIDING FOR ENFORCEMENT, PROVIDINC FOR A BOARD OF "PPEALS BY ~r.NDINC SECTION 1-5, ~MEND NFPA 1011 CHAPTER 5-2.2 _ 2.2.2.11 REFERRING TO INTERIOR STAIRS, PROVIDING FOR REPEAL OF ORDINANCE 74-41, PROVIDING A PEN"LTY, PROVIDING SEVER"HCE,· CONFLICT "ND CONSTRUCTION CLAUSES, AND PROVIDING AN EFFECTIVE DATE. , -. "~j, ,f:.... ':,:{ . , , :~\r;. . :'!t.' . . .;:,1. '89. 18 .', "i1~, :!;' ,......' ~ . I:. . ¡,¡¡,o¡¡.;; ". ;. ... .~ -....r~' . ~ ~"""~t~ ,', ,. t' ...'...._,...."". "~~.''"''"'".*''' ""","""".._,~-,",,,-..,...,,,..,,,-,....,_.._...,..,....,., ¡ ;.....~-<::..:..~~-...;.. ).' '. ~"'~"'~.. .. . . ..\...~.., .:;1&,...... . ~......"",¡w.>L -- ~.~..\ "',~f ,. if·.... '.-:).I-.,"-':11«t~ ~~y-----V' -- -.. ............ ~r' . .' J :"'ï)~ . . :.~ 'Se ptember 1, 1981 .'::i ··tt, .".."". * . . - RECESS - TIME I . * . .¡.:.'.'~'.:..'~ ."". "'·111 :~ ".4; i .,,', .,,.:1 .. . ~~~. - 10110 ^.H. - 10115 ^.M. . . PROPOSED PEDER^L REVENUE S1fARINC BUDCF.T FOR FY 80-81 - ADOPTED L~al notice having been published in the Naples Dally News on ~ugust 23, 1981, as evidenced by Affidavit of Publication filed with the Clerk, public hearing wa~ opened to consider the adoption of the ~ederal Revenue Sharing Budget for Fiscal Year ending September 30, .' 19a1. Fiscal Officer Harold naIl stated that the Federal Revenue Sharing guidelines provides that, following a Proposed Use Hearing by the BCC, the Board will take Into considerations the reccmmendations on proposed I use and, after deciding how the Federal Revenue Sharing is to be expended, will hold a budget hearing separate from the rQgular budget hearing. He said that the hearing today is a budgot hearing for Federal Revenue Sharing funds for the current fiscal year ending September 30, 1981. He explained that the reason that this hearing was not held during the time that the FY 80-81 budget was adopted 1. because, at that time, the County did not know If it was to receive Federal Revenue Sharing funds, and that when It did come up, It was too late, as it was the day of the final adoption of the FY 80-81 budget. Therefore, said Mr. Hall this !s the official rederal Revenue Sharing budget hearlnCj for FY 80-al. Mr. Hall said that the recommendations of the Board has resulted in a proposed budget which allocates Federal Revenue Sharing funds for 1980-8l Into three parts I firat, $20,750 to be allocated for the ": ., .:(; ~ ~'. !.' , Senior Citizens' Center, second, 78' of the total funds 18 allocated for the unincorporated area MST (Roads - Operations) In the .mount of " $513,642, and third, the remainder of $124,124 Is to be allocated for Ì'ì ." ~ &001( 063 PACE 358 ''',"1 ... ..~.)¡ '89. 19'~, ,;¡ .---.r-- ~......- _..,...,_.. --I - ---~--------r----~.~ . . . "i.tI " ": ':. ... " " .. i:]¡-.f~: I :*~~ .. .' _,. ·f .~'" -{'" " J , '. --'..... ~ ___ .-. ..... --.¿ --I..... -"""-'""'...... ..... --' ...... -.. ...... --- --- ...... - - ..... ~.....I --' - -.. ....... - - ~ - ~ ...--: --- . tOOK 063 PAC£359 " . Sopttmber 1, 1981 use In the Ceneral Fund operations. Ho said that the total 1980-81 Federal Revenue Sharing is $658,516. Co~issloner Wenzel stated that, his original motion, during the Intended u.e hearing was to appropriate $20,750 for the Senior Citizen. Center and the remaining funds to go into tho Ceneral Fund. He que.tioned the appropriation of $513,642 for Unincorporated "rea MST (Roads - Operations)? Mr. Hall explained that the County has reached an agree~ent with the City of Naplos regarding the -double taxation- i..ue, that 78' would go to the unincorporated areas and 22' ~ay go anywhere else. Co~mi.sloner Wenzel asked it thl. percentage breakdown i. nece.sary to meet legal requirements on the part of the County and Mr. Hall replied affirmatively. Cbm~ls810ner WGnzel moved, seconded by Commiesloner Wimer and carried unanimously, that the public hearinCj be closed. Commissioner Kruse moved, .econded by Commi.sioner Wenzel and cerrled unanimously, that the proposed Federal Revenue Budget for I Fiscal Year 1980-01, as presented by the Fiscal Officer, be adopted. 'a9- 20 """""";,¡"""'""".,.'''''''''''''''"'_'___'''''''''''."",,>,'..__,k..."".,..,";".___"·,,...¡O;","'.....,""'~=',',"",,""_,_·,¡..""""" .¡ :. ,'age.,21 ,"' . ~ ....~::.~.~>ÌI.I/f~:,., '" "" _ .'. ....: \. ~ "'rr ", ''',', --- .P·, .~~- ---\,....,M-.4--t6..........._.......-.___ ·aoœ 063 a36I September 1, 1981 PROPOSED SUPPLEMENTAL BUDGET FOR FY 1980-81 - ADOPTED Legal notice having been published in the Naples Daily New. on , August 24, 1901 as evidonced by Affidavit of Publication fileð with the Clerk, public hearing was opened to consider the adoption of the propos~ supplemental budgot for FY 1980-81. Fiscal Officer Harold HaU explained that the proposed supplemental budget is a required budget amendment that will be necessary to adjust the current budget in accordance with State Statutes to reflect the action just taken by the Board, whereby the proposed rederal Revenue Budget for FY 1980-81 was adopted. Commissioner Wenzel moved, seconded by Commissioner Kruse and carried unanimously, that the public hearing be closed. Commissioner Kr'use moved, seconded by Commi8sioner Wenzel and carried unanimously, that the Proposed Supplemental Budget for FY 1900-Sl, as presented by the Fiscal Officer, be adopted. . ,'œ ,-. -"'~"'''':~ >~~.. ...:'" 3,-í(1, ,¡,." ":/~~¡~,.''''H'' .i. '. '/''!:' ,..t'" . "';" j ". ........ .,~,"'::' ., ~..' , . t " . ¡'f <, ".' , " ". '"¡.I . Jo"',' i . "~)i' '.... '0,·,.. . I " ~. ~ '0 .. - ~_"'~ ,""'11" "..:-~ M.," - 'I"~,,, ~ -~ -".- -.....---- ,",."."~,, ".". '-.""""""""""- ,,,..~.,...,.~,.,,.,,,,..,,,,,,,,,,,".,,,,,,,,.,,,,,,.<.-,,,~,,,,,.,,,,,,,,,,,-,,-~-_.._'-----""..¡.",_.._,- ·"'···""",·'"··"....."'<'"·,~_,,........."""'.M"''''......_..._____,,__'',,.=,.....",..,""..'"~_*.'.,_,.,.__"....._....,",,~.,-'<....",,.. ....... ..,,_._ ," "¡"'f'i':'~," . I ,,;. .~', ,.. September 1, 1901 . :'~" (~:"~I " '.' ..' ,.... ' ~ :'I:~'" . , t'.¡,:...:.ø.·.. ~~:!\ ·...r~.. J,~'·.-F ,.:~ ..·.··.;·~tt.~.·. '~~~: U . 1; ,~ ",",'. '-:f,;J, :·}·i :'~~ ~<;t I .' . .. ØÞ .. .. ,'.. " .\ ...... ....:. ,,'" . '., ' . ........ ". .~ :,"~,~ "- . , ;.. ~"? ,,' . . t.d.J-"'ir')......' .~.. '~..: ... ' ' I;. .-..; ., '. '~'. . .:...~ --'---" ...."...J..... ...... --'_ ~_---' ..... _ .... ~ ",--.Àw....... L-I--i..-.... ~............." --" ----Î .~~:<~>.}:- . .... '"'001 063 tAt£'363 PROPOSED FEDERAL REVENUE SHARINC BUDGET FOR FY 1981-82 - ADOPTED ,,'. Legal notice having been published in the Naples Daily News on \ :.·August 23,1981, as evidenced by Affidavit of publication filed with the Clerk, public hearing was opened to consider adoption of the proposed Federal Revenue Sharing Budget for Fiscal Year ending September 30, 1982. Commi.sioner Wenzel moved, seconded by Com~issloner Kruse and carried unanimously, that the public hearing b. closed. Commissioner Wenzel ~oved, seconded by Commissioner Kru.e and carried unanimously, that the proposed Federal Revenue Sharing Budget for FY 1981-82, be adopted. ...., ,.,. :, ,:~¡ ,~ ,';~ ~. . ., . '. ...... '19. '2 ., ......,"~"".,". """''''' ",_~,........~.".' " ·"'i>"·"..""......,'~..,·~..""'-"'''''.,,.."·,·'" ",,_... "',,,.~. "., , . ,. .. . ~~ ~\' / {, ;,' .. " 1..," . . . :?,'. ....-.-...j--'~--'--:-'--I J. .,.,.. . , .. . ~\I', ", , '... . ~...,....._..:.............-......--- ...---.....- .... loci 063 PAŒ365 September 1, 1981 .' . CONSIDERATION OF ALTERNATE ~ND SITES FOR "NIMAL SHELTER (CONTINUED FROM 8/18/81) - CONTINUED INDEFINITELY ,.: I.' rollowh19 a brief explenetlon from Chairman plstor that he has met ,~ . 'j.;.':::. ~. :.: ).~ with representatives of the HUl'41ane Society and from the Veterinarian's ~::!!.. . .. . .~~ ore¡an!zatlons, and that a solution to ~any problems facing the County , may be forthcoming in the near future, he requested that the conalderation of alternate land sites for a County Animal Shelter be contlnued indefinitely. Commissioner Wenzel so moved, .econded by Commissioner Brown and carried u~animouBly. RESOLUTION 81-196 RE BILLING' COLLECTION PROCEDURE FOR EMS - ADOPTED "8 AMENDED Public Safety Administrator Thomas Rafner referred to a set of charts on which he outlined the procedures undertaken when applying for payment through Medicare and Medicaid for ambulance service charges. He outlined the amounts of each line Item on .uch a charge that i. covered by each agency and those which are not, as well a. the percentage. of various charges that ~ay, according to law, be collected fro. the Individuals after accepting assignment. from the two agencie.. Using a baae rate of $115 total charCJe. for ambulanc. .ervice., Mr. Kitner noted that after accepting asalgnment. from Medicare totalling $51.20, the patient would be billed for $52.80 ao4 that .11.00 would be what he referred to aa a ·contractual adjuatmont- thftt would have to be absorbed by the County. The ..me total ambulance charge of $115, when forwarded to Medicaid for a..ignment, would re.ult In acceptlne¡ $39.50, anð the County would have to absorb $75.50 -in ·contractual adjuat..nts-. aaid "r. Rafner. paq. 23 "-""~"",.,,,_,,"'__"''',,,",1i;'''__,,,,...__...,..__«~..,,",,,, "..-,....----.. --. 'I',¡.. . ~ " ""."1. \'fJ..'; "..),~" '~~ ~:"*;: .,",} .;l' t."tj ..,..~... ,,"" ?/ ~ ." 'f .... \ .; . .' ','" .:,',,, '. .1'....., I":': ..', 1'-. . - ~. '·'.Þ'''~~r~6'·;-·+·ifo.,..· "."~".. 't.'. \..>..~..., 4 I 't¡.jO!;/~~~Ji\~'.'~~'!'IIit..~,'~ ¡ '., \.- ,;; : ' ;f.,...tJ.¡;' ~ <)/J, I, . "" .,1" "'. ,. /1,,\, ..,......1. ., </' J......., £. ,"i~: ".,'. .:.,,,,:,,:'7"-'''þ· ..... ..... 'å-__~'--L-_,,"--"___""" ~eptember 1, 1981 Mr. Hafner concluded his presentation by stating that, by accepting benefit assignments from Medicare, the County will have to absorb approximately 2-1/2' of all charges for a~bulance services. Re also stated that It is his recommendation that the County continue to accept the assignments from Hedlcare as he considers this to be coat-effective. ." . '~'"}:'- . . . ~ '. '.t .. .1.:"';': '11:~ , ..; ·t· ...t! . :;'£ '.. :.... .. ..,~ County Manager Norman said that Collier County does not have to agree to accept assignment of benefits from either agency, adding that r. ;, ~. , -Po the County can choose to bill patients direct, and that anyone qualifying for Medicare can collect their benefits direct from Medicare, although, those eligible for Medicaid cannot. He øald that he feels th~t the assurance of payment in dealing with Medicare assignments outweigh the rather 8mall contractual adjustments involved. Referring to Medicaid, Mr. Norman said that since recipients of Medicaid are medically indigent and already on welfare and receiving on. of the social service programS, the ~hances of the County being able to collect anything on those bills are such, that he rocommends continuing to accept assiqnments from Medicaid also, In order to assure the County of getting 80me payment, even If It 18 partial pay.ent for a~bulance services. He referred to the expense that will be Involved In the processes associated with collection of such bills a. another reason for contInuing to accept assignment.. ~.'. There was a brief discu.sion regarding local doctors acceptln9 benefits of Medicare and still charglnCJ the balance of their bills to the patient., the tact that certain medical charge. are not covered at all by Medicare, and the fact that certain amount. may not be legally .. '. ,.. ~; collectable ~en a..19nmenta are accepted by the.e two Federal agencies. "lso discussed was the fact thåt if the County contracts '* 083 rm368 .ag. 24 ~......~ ..-~-,......--......-~~~~-,...-.--.....~~~~...... '. : . ~ '~'..' ~ .... . , .. /: ., ., '-,... .. . . . ^"a···>···~:.: ""~,;:J-'''~ . .' Ie . ¡;~~~. ).~~.~,~~~. ~.;. 1'!.ifJ:!1:i (. . ~ ~""':I:':'''.'''\¡-'' . ". ,. .. I:......,......~ _______.....~.:........ø.,¡",.,t...J_.... ~ ......4I....d ---A ..........., ... , ' . ,... , " '. ~ t' "'i: '; I0OI 063 rACE 367 , ",ø, , .,., "tY 'J Septemb.r 1, 1981 with th. Federal government to accept Medicaid assignments, they must accept the.e benifits in all such cases and cannot bill some patients , direct and accept assignments from others. .. - .'. . '. , , Com~is.ioner Wimer stated that the percentage of Medicaid patients that are transported by the Collier County Ambulance Service Is very . . ", ...11 and that he cannot vote for accepting assignments of benefits. He ..id that he believes that it the County provides the service they should send a bill direct to the recipient 0' those service. and that whoever used that servIce owes the County the money. He said that the next thing that will happen Is that the County will have to wait for the insurance companies' checks for benefit. and that thl. takes almost ! as long as Medicare and Medicaid. The sixty to ninety day log in billIng procedures related to Medicare and Medicaid was dIscussed as was the practice Whereby Insurance company assignments have been accepted for EMS .ervices and the per.ons receIving the service are lIable for the remainl~g aÐounts, , after which Commissioner Wenzel stated that he agrees with Co.ml.sloner Wi.er. Co.~lsaioner Kruse stated that she Is concerr.od that direct billing and non-acceptance of a.signments of benefit. will Involve .ore .oney expended in an effort to collect than If the County accepted benefits. She said that, for the ~ost part, if people have as.lg~ent. c~lng, they will not pay the bill until they are received. "1&0, .any people .ay not know the correct procedure for applying for tho.e benetlt. and this could cause unneces.ary delays In pI~ents. C~I..loner Wi~er said that the County .ay end up having to hire people to proce.. the.e ..a19n.enta of beneUt., and '"e does not know ·whSc~ vlll co.t Ie.., accountantw for handling a..lgnment., or peopl_ .......~. ; }J 'age 25 ...,_...'''.....".''''--~ , . ";~ ..:.. .....::C"~~:;;. '::":~'..::.. _ ~ _....: _ _.&.. '- &....'L. _ .;Lot-........ - ........ ... .' September l, 1981 for handling collections? Fiscal Officer Harold Rall stated that It 18 beginning to look lik~ ~the time Involied i~'proces8Ing assignme~~. of benefits will take what a~ounts to one full time person in order to handle the processing accordIng to guidelines. He said that h. is not sure what will occur if the Board should elect not to accept benefits although there will probably be some people that wIll not pay the b~ll for a long time. He said that he does not know the best method to recommend, and that he defers to Messrs. Norman, Cre.nfleld and Hafner as they would be more familiar with this area. He said that Medicaid patients represent a very small portion of the ambulance runs, however, Medicare patients represent about 25\ of all EMS runs. Various amounts of ·contractual adjustments- on various ambulance bills was read from a worksheet from the Finance Department by Hr. Hall who said that thlt amounts vary from as little as $.40 to around $4.00, adding that these are based on individual line Item charge. and not total bills. Commissioner Wimer said that he still figure. that there may be a $10.00 administration cost that must be figured for each of these adjustments, including the $.30 adjustment. "fter further discussinq including a breakdown of mileage charges and other charges that make up a total ambulance bill, Com.t.sloner Wl~er moved that the County directly bill the patients for all service. for EMS. Commissioner Brown seconded the motion. 800IC 063 rAŒ 36B '89- 2& --~~~-~~~~------~~~---~~~~~~ ". . ' ... .. ,,". '. ;', ~ ...: ~ · . ., ~." .,6. ~ "'~""'\~"'..,;I' '~,' I' ,\~,..;..~::... . .~ ',', "..,,':'~rf¥,,"'·~·':;i;r,¡~, . . ....' .J., ... ~ ." '~t··. ......... .. t~~à.~,:: .'.~~¡." ),;,t~~"'" . ~....' '/..: . . .; , .. ...~" '. '...~ " ;;1'1.......... '........... · 4. t" ..... .,~..':;:~~ ..~ ,~ ,-);.t'.' ,.,. 7"' ';f~.~'···.-~'),,·: .;;?~~_:~~.,~,~.. · __.#. .L III: " \ "" . ,"'" ,,-ð "-It .f. ... .. ,,?,.,' ¡""....~.. ,:,,~"<...... \,"1,_) \'.' "."'.-..;----,..~...--".=,_..,_,'___..___ ø .. t . ,\ '/0 " ,. o ~ . . . _....:.:.,-tI____--'__-.ø___...:..._---':.....J_ >....J Oß3 fAŒQ69 September 1, 1981 " Commissioner Wenzel asked the staff ~f this I. what they are : , . recþ~endlng? Mr. Hafner stated that he, Mr. Norman and the analyst . . fe.l, jointly, that the County Is more likely to get more mon.y if Medicare and Hedlcaid assignments of benefite are accepted, clarifying that he cannot tell the Board how much more at this point in tim.. However, h. said that -something Is better than nothing- and that h. b.liev.. that this Is the choice that has to b. made. H. said that the r.al problem with acceptance of benefits Is the -lag timo- Involved In securing funds, not the a~ount of funds that will be forthcoming. Commissioner wimer stated that he prefers to try direct billIng and in the event that this does not work out, then the Board can chanCJ. the policy. In answer to County Manager Norman, regarding how dlr.ct billing and non-acceptance of assignments will affect those bills already sent out, Mr. Hall explained that, in the past, the County has blll.d .s If th.y did accept assignments, because the County was paralleling the practice. of the former ambulance operations. He .ald that when the .ubject r.solutlon lor setting policy regarding assignment. first ca~e up .everal w.ek. ago the County just -~nt on hold-, howev.r, th.r. are billing. that were ~ad. to Medicare and Medlcar. pa~ente have be.n accept.d by the County. He said that the County could bill the pati.nt. with outstanding portions of their bill. not paid by M.dlcar. a..le¡nM.nts, or, those Medicare patients can be bill.d for the r...lnder of the bills mlnu. the ·contractual adju.t~ent·, adding that he .uc¡q..t. the latter option. He .ald that, if the Board pa.... the IM)tion on the floor, the County will, be<) Inning I..dlately, no long.r prepar_ Medlcere tor.. and bill directly to the patient. , i County Man.ger No~an .ugge.ted that the ~otlon Include the .., a. ~..~ '891 27 '"·''''''''''··H·','.'''',,,,,,·,,,,,,,"'''''_.'''''''''''''',,,",,,*''''' "~__~O!'._,. ..;.,"",,",,,~,,,,,,,,,,....,,,,..,,,.., . . ~........!...."_ '..._"".""..... .""_~""""'''''',",_'''''''''''''m'','''''''''''''''''''"''_'''."''____'''~'''''''"'''<"';·'''_~'~ . , ~""'ll":'~- ,"....". "'-'Jt...,; . 0' 1\"iI~'\."""" . ,," ~~"t..~. ,', ,'.' ";¡j' .."fO¡l·....,~jtf\...,. ,,,.. 'jI"~ ".'. '"'J" ~ . ¡,'~..... ~4"··\, ....' ", . ,;'.'. ~"', '. ' - ,~v"II·· t~·, t" ,~~. ~1., ~ "~._~;~¡I. ' ,.y,,, ,""" ' ", "';1:C.::.l:':'_,-: ... ..:.:.:..~~~~~'-....;~. ',-~;":'~L~" , , 0,';- ,;.;~: ..~J('~I ':i~-, '......~.' 1!~i ..,{,~.'...:'f'r.,! "~)BI ~i ,.,¡.~W! ," I September 1, 1981 -. adoption of the Resolution .ettin<) forth, the policy of the County "related to. collection and .billing .procedures, striking paragraphs 1 and .. .'~\~I 2 in the drafted resolution. Mr. NorMan added that the County AttorneY , recommends that on paCJe 3 of the drafted resolution, wherein, paragraph -D- atat6u, -a notification of 'legal action' bearing the 81CJnature of the County Attorney, will be sent approximately 30 days after a collection letter has been .ent-, should be changed by replacing the word -will- prior to -be .ent- to read ·~ay-. Re 8aid that Mr. ..~ ~k .,JJ ,,~ 'f;' ~r',? ,t: c .~ Pickworth does not fe.l it appropriate that he be mandated to .end out . letter of Intended legal action, because he doe. not want to .end out such letters unle.. he Intends to take l&gal action. Further, Mr. Pickworth has Indicated that he would preter to examine the relevant I documents ptior to making the judgement as to whether taking legal action would be cost effective, I.e. spending SlOO to collect $50 I. not cost effective. In answer to Chairman pistor, Commissioner Wimer clarified his ~otlon as reterrl"9 to all charge. for all patients as being billed direct, Includ1n9 the deletion of paragraphs land 2, and .odification of Paragraph 6D regarding the change outlined above by Hr. Noc.an and deleting all references to Medicare and ~edlcald In Paragraph 6A. Upon call tor the question, the motion carried 3/2, with eo.mlssloners Wenzel and Kru.e oppo.ed. NOTEs ? No document pre.ented and this was broUCJht up again on the September 8, 1981 agenda. _. .- '.. ':"~~ 1 ,:~~ 800X 063 rACE370 Page 21 -_.~.__ -~ r--"""'" ~ ~- --....... - -----~ 7'" -,- ~....... .........W""~1IJI!'! :. . I ' ~ . 1 . . .:;1' t ' , . 'j., . .",.. ,... ./': ..... o ;9~-: " . _*'" c. . ........ ~ ...... .) -' . .' .~ .I.~...~ ,.....'..,-.~.1. .~~._~.. ., . . " .' (' , ", ~ "",,. " :t ,,~~ ~., .. , ' . 1'¡'" ;";3'~Ió''''~io'!. 'A>< .,~ , ~ ,. .... , "r, .....' .,..(ì-...... ...O'~". '1.."" ..."..,.. ~ , ,~-.$ .~.:. -" ? :t.,..¡.~'!o' ,,~.¡.iI.~......~ ~... ~-. '''. .~ '1:;'" .. ".-..,-,._.._""~,~---~,,,"---"----~''''" _..."""""'....,_"'''''''''"..,'_.,_'"'''''.,.""'.,..,..,_.,,_~..;_""...,...>...,.,"".."H . . ~. . . . . ..~, -\.."f.:,~ ~ I C.:.. , . 4 It.":. . I· , ~.. 'f ..... ,..... -,,:,.- , .' ~ ,I', .,~. . ~¡'.. r', ,f I ..... \ t ' ,..Jr: l'... ,Jt·¡,. ," . ,:, , ....-.... 'I.'" '1 ---. "'J'" ' , !~:¡~':'~.\ ,: ,~:\~:'\ r ...... ----I ' - --f, ..........----........,..... ~. .. t.~ '.'. ~; \ .....' .'. . ' .' ",. .. ~~--6-':""" . . :,., -../~,. '...... ~' £:~':':\oo¡ 063 rACE 37f ;.,. ,. Ji¡~..,., '. ti!";" . "".; PETITION TR-81-19C, CER"LD B~LL1\RD, REQUESTING A TEMPORARY RESIDENCE , ~ PERMIT '1'0 UTILIZE A TRAVEL TRAILER DURING CONSTRUCTION OF A PRINCIPLE . ' RESIDENCE ON TRACT 85, UNIT 75, COLDEN GATE ESTATES - APPROVED '. ! I S.ptember 1, 1981 , . , Commissioner Wimer moved, seconded by Com~lssloner Krus. anð " carried unanimously, that petition TR-Bl-19C, filed by Ceralð Ballard, ¡. r.qu.stlng a t.mporary residence permit to utiliz. a travel trailer durlnc¡ construction of a principle r.sidence on Tract 85, Unit 75, Colð.n Cat. Estetes, b. approved. RESOLUTION 81-197 DIRECTINC THAT CERTAIN ZONING AND SUBCIVISION PETITIONS CEASE BEINC ACCEPTED BY THE COUNTY FROM SEPTEMBER 1, 1981 THROUCR JANUARY 5, 1982 - ADOPTED Community Develo~ent Administrator Terry Vlrta stated that, pursuant to discussion during workshop session last week, the staff has dev.loped . proposed resolution which stlpulat.s that certain zoning and subdivision petitions will not be accepted by the County from S.pt.~b.r 1, 1981 through Jðnuary 5, 1982. He explained that the County Is about to begin a series of 12 public hearings for I con.id.r.tlon of the final development and adoption of . unlfi.d Zoning Ordln.nce which will incorporate all of Colll.r County. H. .tated that the County Is very quickly re.ching a point in ti.e In which l.nd u.e petitions submitted by petitioners would not be .bl. to qo throU9h the .ntlr. proce.s, under the existing Ordlnanc., in tlm. to be finally h.ard by the BCC, prior to the adoption of the n.u Zoning Ordlnanc.. Mr. Vlrta said that .taff Is r.qu..tlng that the .for..entlon.d ....ur. be tak.n for two r.a.on.1 firat, for protection of the .ppllc.nt thems.lv.s, I... the .ppllcant will not b. .bl. to h.ve his/her petition acted upon .nd rec.iv. what It I. they .pplled for, and ..cond, to prot.ct the County, I... cauaSn9 probl... for ~ petf~loners by ch.nging the ·e¡ro~ rule.· In .Id-.tr.... co.øl..loner . , .., '~e 2' . --~-~~-~-~~--~---~~~ ~~......,...,~....- - .;~ . ~~.~ :'.'J ... 10' ., ~~'~ '~ ".:.:.~ Mr. Vlrta ;~~ :~ September 1, 1981 Wimer asked how Subdivision Halter Pl~n. c~me Into p1ay? ·replled that lot sizes are defined In the different dl.trict. and, should the lot sizes b. one size In the current orðinance and. cH Her.nt a1 ze In the new %onlng Ord Inance, there is . posa1bllty of the creation of non-conforming lots. Mr. Vlrta stated that final plat approval. would not be affected by the propos.d resolution, this r.solutlon relate. to the Initial filing of petitions. "lso, anything alr.ady accepted by the County would continu. on through the nor.a1 proce...s, I.e. the planning staff currently has 25 rezoning petition. In house. Mr. Vlrta told Commis.loner Wimer that it I. not the Intent ; . '-,..'1 'i;~ <i~. '1 J .'. - . of tho .taff to -catch anyone in mld-stream-. COMmissioner Kruse stated that she 18 still awaiting an an.w.r from staff to the question, -if it takes a certain number of months for a petition to go through all the normal processe., I. there not an -administrative moratorium- going on anyway? Further, would not the act of submitting an application and the staff 80 stating that thl. application might not be completely proc..sed through the entire sy.taft b.for. the date of the final adoption of a new zoning ordlnanc. and, In this event, explaining that the application would have to b. resubmitted, take care of the aa~e thing? She also a.ked If the .tatf 1. i.plying that by virtue of su~lttlng an application, the petitioner 1. guarante.d of that petition going though the entlr. .yst.., and therefore having b..n granted so.e kind of -right- to whatev.r 1. applied for? - . . r,¡ ., Mr. Vlrta 8aid that h. did discuss thl. lat. yesterd.y with County "ttorney pickworth and that h. has told hi. that there 1. no _.'Ii - -guarant..- fro. a l~al standpoint, and that the petition would c.... '.,./ -, to b. proces.ed when the new Ordln.nc. I. d.v.10ped. aoœ 063 neE YJ72 He .ald that It ··,··,3.···· ..," -(¡ <~.cIj '.<,~ '~ 'A9- 30 ~~ ,--..,..-,-.".---~~ " ".,'-: '~t .." ",..- .., "'''-''1.'' ...' . ..., . . ,,'.,~/_ . . . \" .". '~"':..'<)" h ~ )~.:r'''",~' ~~. ~ , ..;'1.'_ ~ .~ ~ ..1...,.-. ",;,,' ~I .'~'''i11'' """-,....-..J"-lit.l....- .,."'# I , t ~.·t~·t\~I"~.,.'~ ."~': .,\¡\,~j~";.,~~~.~.... ·'\r,~:·.'.' . t..,.. '" 1, ,¡;e. \ '" ".,' " ",'.' ,..... ~ ..~ '.)',J"' ·t· -.... ~~ . ''''oJ .1' ,IÞ., ....'" '.....,- ·\Iio'..r·'J·"·;....t(·,'?~~..·W-".·· . ""-'. ~~~ . '. " .; .!I> ':. . .'."~"'';''.'.' : ".'.-:W1 ,... .._~ . (r _...~ I. ,." .1 "" .' ." ." " ::.... ¡;,:,U";~. :~. '~;_:;"~'. , -.... .... .... f"." .. > ~""'~.~"'~"''t''''J~~1; , : ~. - , ~ .".... ~ '" .. .' \ '"""--_._--_._....."',_..""-,....,.""'.'"-,,,-. ,_'''''",...,._'''.."'...._..._"'"___'''''_"'''''..~,__."..........''''_._"....,__,''''"'...,...'·..........-.._;"·"",''',-''0 . . . . .....- '. #t;·;~··' .," 110..., J . "\.,_.\ ;-" 10 ,.. "~.' ,...... ,.. .,.. If' . .& ~. ,~ ~".'\ ~,. \ .; ,,"\' . ¡.~ ....,. . .. . . .' . . 1 ... . ", ...~. : .' ,. .. .' ~AA---' ~~-' :1 .". , ,,-. ., .J,. '~~.... . .. '" , . . .... "'-. , .:. . T~' .: . . I, .....;:\;.. .. At, ',. . L._ ," ..... .. ' '-, ',"; -I'....... II . . .. " 'r " .' , . . --- '-Ì~ « -6_ 7'~ "'---"'1 'L -:- .. aoox 063 PACE 373 S.pt.mb.r 1, 1981 i. hi. concern that the Planning Departm.nt will be procel.ing ,.f; t~ application. that cannot be consu~mated, al.o, there Is a lot of work ~'., , i' ~" . '~l~r~nvolV.d, a. well a. a filing fee to consider. Commlsslon.r Kruse ~~·contlnu.d to take the position that she .... no need to legally d.clare . V;'" t a aoratorium when, In reality, a moratorium .xi.ts within the .y.tem, adding that sh. fe.ls that all the County has to do I. .xplaln this to a petitioner who might wish to submit an application anyway. Co__i..loner plstor stated that If tho applications ar. acc.pt.d by the atatt and the petitioners are told that th.y ~ay not get through the .ytem In tlm., every Commissioner will bo rec.lvlng calls from all the petitlon.rs asking that they intercede and speed up the procels. Commissioner Kruso said she still sees the moratorium as unnecessary and that all It will accomplish Is to get the Commissioner. out from und.rn.ath the -flack-. County Manager Nor~an said that the staff cannot tell petltlonera that th.ir petitions will not be proce..ed before the new 20nlng Ordlnanc. Is adotped because no one knows wh.n that will take place. He said that the .taff I. not In a position to d.clare a .taf! moratorium. He said that they can .xplaln the pot.ntlal problem including that the Zoning Ordinance ~.y or ~ay not allow the petitioner to do what it Is they want to do a. a petition.r. Ke .ald that he only for....1 probl... asaociated with the confusion of not knowing what form the final Ordlnanc. will take when adopted. Mr. Edward Kant, repre..ntlng Collier Enterprl.e., .poke In opposition to the moratori~ of acceptance of petition. and qu.atloned why . PUD would be exe.pt. Mr. Virta .xplained that the current PUD ..ctlon of the ordlnanc. will r..aln In effect In the new ordinance and that no chanc¡.. th.r.to ar. propo.ed. Mr. Kant then ..ked that ~oll/.lneral/ga. .xploratlon applications for -A- Agriculture land also . . . Pac)e 31 ~~ - ...-....-.- .... ., .... \ ~" ........./;...;.' ;"'~';'~ ...)1 1Ir.m. .' ~ ... . 'f \ì,. <,1. '" " f ", ,,~ """ t ... ..... (!...... ,', ·.f . - · " '1~' . '. . .: _...~.,,'.~.::...:!,:.::J"':.:.... , " ....:~. \......~. , . _.......ii..a. '- _....~..... 6;;....... ~£..~.............. I'; _, ' September 1, b~ exempted, as the new proposed regulations are very similar to current regulations, i.e. the -A- district Is proposed to b. ..parated into -"-1- and -A-2- and the regulations are parallel to tho.e of the current -A- district. He said that In addition to having to ~.et County regulations and submitting applications to the County, this kind of operation entails submls.lon to the State and Fed.ral lev.ls a. w.ll, and that a four ~onth delay In submission at the County l.v.l could hold up the co~pletlon of all agency requirement. by as much as ;. .,~ .,~~ , "<'/,: ,,,, . ." ., ~ .. . . .~ .,¡ J' ~ ~~1 ~ ." two y..r.. "ttorney ~Im Scarborough spoke in opposition to the adoption of the zoning moratorium without having gone throu9h a thorough and co~plete analysis of the Impact of this action. He Bald that, .s he understands it, this resolution Is being considered because of the real or imagined fear of County ataff that thero may be a ·rø.sh· of r.zon. applications pending the adoption of the new Zoning Ordinance. He Bald that he s.e. no factual basis for this concern, nor has there b.en any ahowlng that continual submission of applications will cau.. any hardships on the staff In their processing or that It will create any detriment to the County's land use planning, over the long t.rm. Mr. Scarborough stated that according to general law a zoning moratorlu. fall. under the same requlre~.nt8 and restrictions as the new Zoning Ordlnanc~ fall. under, I... notification and hearing requlr.~.nts. Ae t.rmed today's action a. a sort of -em.rgency mor.toriu~· without the procedural due process, and said that this can only b. justified If It is vitally n.cessary to protect the health, safety, and welfare of the community, i.e. If th.se would be s.rlously i.pact.d by the fallur. to Impos. the moratorium. He agr.ed with Comnisslon.r 'Kru..'. stat..ent. that there alr.ady .xi.t. an ad~inlstratlv. .oratorlu. within the . . - .1I;.~.if..I... '..' .~ ,:,~.~ .~; . I .' '.~... -1;: !IO. If:-,:~ " ........ - &OOK OBa nœ374 Page 32 ..-w- ~~~..........--........_I""---;~w- ~.,...-.. - -~...-.. ~ ~~~.~ " ~..,. . # . ... , . . '. :~."" . . till... ". ~'..\'" ~...1~::~"· t . . ~' .. -;01- '.. ., ".' , ~......" "'¡:" I, .. " .... ... _".f.' . ....' ,-.. t . . "1:'" ',,,"" 'f ~ .. '. 41 ~ .. '..' ;,::, -:-/ ';~ . ~~ Ñ{ ~Je..M; .... .,,,~ .¡ >\I.. .' ~f"""..._":"'It""'_'" .... ~, .. ~~. :~. ¡. fa , . .' ,r, .. , ,. . , 4.. II ,ow.. "A ... ... ,.... . ,,:. '. '-, , I .__ : .. .. - \.( "I: . t,'.'- ... ~... . ~ , , '"'' . . . ........-....~ -'--" ..... ......--.."...... -- -'--." ------...-..........,- BOOK 063 PACE375 September 1, 19B1 . syst.. and that further action is not warranted. Hr. Scarborou9h ..... . \ r.øin~.d the Board that the process will be extended far beyond the ," ... \'. '··..January date, in that this is the first opportunity to submit an application and that there is still the entire system to go throu9h beyond that point. He suggested that a ~uch less drastic ~ea.ure be con. Ide red and that, after a thorough investigation and comparison of the propo.~ ordlnanc. and the cur cent ordln~nce, thero will b. very f.w areas of real concern. He urged the Board to consider alternativ.s .0 as not to -shut down- the largest industry in Collier County, i.e. ceal estate and land ðevelopment, 4dding that this will have a trem.ndous impact on tho economy of Collier County. H. said that, unless it is in the best interest of the co~munlty, he cannot see the justification in this moratoriu~, especially since no one knows that the Zoning Ordlnanco will be adopted In January. Mr. Scarborough urged the Commissioners to solicit a legal opinion , from the County Attorney regarding justification tor imposing a ~or~toriua without meeting notice and h.arlnq r.qulr.m.nt., addlnq that it Is his opinion, as an attorney, that the County will be subject to 189al cha11e~. if the ~oratorium is adopted without r.al, c~pelllng justification for having it established. Chaitaan pistor stated that he I. not convinc.d that the .oratorlu. will hold up a great number of proj.cts and that he believe. that the staff is b.tter off bel~ ab1. to t.ll the people that their petitions will not b. acc.pt.d until the new Zoning Ordinance Is adopt.d, addlnq that he for..... no r.a.on for the n.v ordinance not be be adopted by January. H. said that It the Coûnty do.s'not Institute will put f~ application. bofore the County ordinance and th.n hire prote..lonal 189al people to 90 'age 33 .' ,~.,'" """"C"~'''''''''''''''''''''<'''''''''''''''' "., ~.~"""".,,_____, , ~~ . ordinance deals with areas relevant to rezone.. Septe~ber 1, 1981 to court and advise that these same ptopl.'are -grandfathered inw and have a right to do what the old Zoning Ordinance said they could, rather than the new ordinance. He said that the major change. in the Mr. Scarborough stated that hi. concern li.s In the fact that, because administrative process takes so long already, there will be a great body of submissions made upon the adoption of the new ordinance and the I1ftln9 of the moratorium, which will create a great deal of. backl09 at the staff level. Chairman Plstor replied to Mr. Scarborough that It has been stated that it would be futile to submit an application at this point, the staff will not act upon theml they will flOt be submitted to the various agencle. for review, and, they will just be sitting up in the Planning Department until the new zonIng ordinance is adopte~. He lðid that St Is his opinion that the County will not do anythSng with applications until that tIme, therefore, it seems to him that It Is better to tell everyone that they wIll not be acceptod. Commissioner WImer stated that the reason that staff gave for the moratorium ia not the reasons that are beln9 debat~ by Mr. Scarborough and Commissioner Plator and Planner Lee Layne concurred. She atated that the reason that staff recomøends the adoption of the subject resolution Is because they are afraid that so.eone will come Sn and sub.lt a petition for a rezone, a provisional use, etc., and then, possibly, have It approved by the ecc one week before the new Zoning Ordinance I. adopted. She said that one week later that same person . would come to the County for theSr building permSts and the new Zoning Ordinance doe. not allow that kind of a project or that particular provisional use. She said that, at that point In time, they would not aoœ 063 PACE 376 Pa<Je 34 ~-~-~~¥.....--~ . -# ';'f,·~ t~" . ... ..':','!J.'. .: . ., r. ~ ... ..... . ... ~ -..,.-., . . ,..... ~ll ,.. . I. - '"-.-: .~~; . - «'1& f ..". ~'....... '·~"·';1~~, t..· t. 'i'f,t. .~' ...........,. ..j ." ;l.·.;··.. \" "', .. -. ~, I ,. , "'. ¡. ... ... -'~ '. . ',. ~ . .; >i I . I,' it "¡ t,,!,.__,.,.;.~.. ,0<,'0 ....; .,~ . "- .. ...,- ".'. .:'." '.. \,. f-H J..:: .,.:t t. '""--'_"""'''''''.~''>''''_,____",;_",~__",_"",-""",~.,,,,,,,ff···" ....,_..."'".,..,~".'.;.,""',..,"',,...,."',.""._*"._-'""'--,-~,;.-"""'...........,.""'~,_._"" " . '....:.;1 ~. . -..:, . '..., ~~-~-~~---~-- , , - --It-....-,.,~ leoox 063 PACE 317 September 1, 1981 ':1:"; , "..r,'. " I~",~, . : ,\'1: .. J..;. , "'~;:~~~~: be able to get building permits as their , ~~. r ' : ,,' {~~~'" WO~ld be considered as "non-conforming". \ ~ ,:., , . ~'.i· r4tgulatlona, the new ord Inance will havs ; ..' ( ,~. - districts will be eliminated altogether, ,\ " projects and/or intended uses She said that, besides zoning new zoning maps and that some others will be changed from She said that one kind of district to something altogether different. what staff Is trying to do is to protect the landowners tro~ this kind of . situation. County Manager Norman stated that he has been requested to read a letter dated 9/1/81 from John T. Conroy, President of the Naples Area Board of Realtors, in opposition to the proposed moratorium. It was the consensus of the Board that it was not necessary to read the entire letter, as each Commissioner had been furnished a copy of same and Commissioner Wimer addressed one of Mr. Conroy's reasons tor the objection as indicated in the lotter regarding services being paid for by tax dollars that will be withheld from the public if the .oratorl~ i8 Imposed. Commisslonor Wimer .sked County Manager Norman IC the Community Development Division is entirely supported by f..s or la It supported by tax dollar.? Mr. Horman repll.d that It Is entirely supported by fe... Another point eade by Mr. Conroy In his letter Is that the IRS Is constantly changing its r89ulatlons and never withdrew Its services fro. the public In the Interim. Mr. Norman added that while this Is true, the IRS has the advantage of the power to make their changes retroactive. Com~is.loner Wenzel moved, seconded by Commissioner Wimer and carried 3/2, with Commissioners Brown and Kruse opposed that Resolution 81-197, that certain zoning applications and Subdivision Master Pl'an application. not be accepted fron September 1, 1981 throuqh January 5, -, Page 35 _."."_.."'."',....~.,""''''''''.,,..,.'''--"~-''''''''..,..''''''.,.'''''''''''..,-'''''...".",.-,-~, .." " ~""._ C"'"''·''''''''''''''''~___~''''~''''_'''''''_~'~~,""'''''_.'''''''''"_-.._____."..~'''~..~..,''~"'''_.."',.".",." I '.. . : " ,,~: t~~::t ..... .": '~ ...t'k" .: : ~ '\.,'" t'. ' . I" . .. .. ~ r. . " ,~ ~ ;" ' .peptember 1, 1981 1982, be adopted. Co~lssloner Brown clarified hi. negative vote by . . . .ta~ln9 that he doe. not favor anything that would slow down the growth of Collier County. &OOK 063 rACE '378 Page 36 ~ -~ ~T 'I ~"'-"""--"'--"""'~""""''''''~-r-'''''''' "y 1,.. ~.... ,', ·i,:.. ...... "."~' . ..... ". ~ . .,':L' )j' .,....:.. , . . , . ---.--,..... -....".".,.....""-... -... _....~----~-,-_._....._"""''".. ....t........ '.... ...~. _. .~ ..... ';' .- .;...~.~\~~~~~..~:.. /.I~~;;,..~:' ~ ..~.'~. .,~i. ~\ 4 ~~1;~¡~'ø~, \'- ';J;'''r. :,~ '. '~'... ~,,"!'.t.;'~' . . .~; ~ .:...~,-' ..' ".... :....... ." r ..- ~~..............~~:.:...- ~....,---",~......-.... . ,'.t.,·...".. . . I."\....,."',...., .~". .' , . 'I.." · . . . ,,~...:.....,.I f ~.."" ,,' . j,: ":' ., . ~ . >.' ~------..._--- . .' ':511 ;, ,Ät~ :...-I¡ :.~; ....,.....t..' _'I,-').", /~~;. '>:¥ )? . (,~ . '. . eOOK 063 PACE38{ September 1, 1981 PIN"L PLAT "PPROVAL GRANTED TO CO"ST"L £NGINEERING CONSULTANTS, INC., R! PETITION FP-81-1SC (FISHERMAN'S COVE) . . '( Following a brief presentation by Planner Lee Layne regarding ',w .}~;~.~. '\<. \~'1' : ~~... PeÎ1 tlon FP-81-lSC, f Ued by Coastal Engineer Ing Consul tants, Inc., . "i,:.'.:',: ~~ . ,. 1 ì.~;';:': requesting Unal plat approval for Fisherman' 8 Cove , Including the ~r-' ... ",' ' , t' JI~ ..... 'f 'j' staff recommendation for approval, Commhsioner Kruse moved, seconded ',. by Commissioner Wenzel and carried unanimously, that Petition FP-81-1SC be 9ranted. EXTENSION OF LEASE ~CREEMENT BETWEEN THE COUNTY AND HUEY ßOW"RD AT THE IMMOKALEE AIRPORT - AUTHORIZED POR CHAIRMAN'S EXECUTION t. Commis.loner Wenzel moved, seconded by Commissioner Brown and carried unanimously, that the extension of the lea80 agreement between the County and Huey Howard at the Immokalee Airport, be authorized for execution by the Cha1nnan. ... .,." . ,~.~ 'ee¡e 37 ,,'" -- ."" ~''''''''''~",,,,",(," '''';'''''''''''~''''''"''P'''';;''¡';'",,,",,= ^""'""""""'''''''''_#.'--'~'''---''-'----""-"--,"-"""-_....,,-,,,,,,,,,",,,..,, ",- '",-"""",-""~"""",,,,,,,-,,,,,,"",.,,,.~. - ___.."".a·...._._~......'"' -':....IÞ -.4._.' _._ _ _ __. _ __ _. _ .-J"_.t-J ....._._. _... _ --oil .........,1_.4 _ ___ _ .__ .__ h'_' JIi", ' :0. ~- September 1, 1991 .. '..~~.,.:...'.~..~.'.: ' ,'" ''1'" . ,""-1 ~.¡~ " '.~ ',Ø, -¡<v~ ~,:.~.<t~ . .J'" ,.1~ 'Ctl 063 PACE'397 REPORT RE HENDERSON CREEK WATER CONTROL STRUCTURE BY ~DMINISTRATOR, FINAL REPORT FROM CONSULTING ENCINEER 9/15/81 PUBLIC WORKS TO BB CONSIDERED Public Works Administrator Clifford Barksdale made a brief presentation regarding his findings regarding the water control " structure on Henderson Creek. He gave a chronological background report regarding the weir from the acceptance of the Water Management District 6 report In 1974, which 18 when the planning for the .ubject weir began, through the submission of the preliminary design report to the acc In 1977 and the contract awarding In 1980. He said that the construction Is currently approximately 99' complete. Re said that, In reviewing the file, the elevation of the weir was originally "1 <, recommended to be +S.R ft. and was subsequently lowered to an elevation of +5. Mr. Barksdale stated that the weir, currently at an elevation of +5, does provide a reasonable amount of prevention against Dalt water intrusion as it was originally dl!slgned to do. fie said that it was never designed or sized as a drainage canal, while it does provide for some drainage. Mr. Barksdale outlined the reasons for the placement of the weir, Includi~ optimum placement related to the salinity line, lack of Interference with navigation In the natural waterway down.tre.~, and the proximity to U.s. 41, which act8 as a 8urface barrier to salt water intrusion. Mr. Barksdale referred to some hl8torlcal information regardi"9 the landa aurroundlng the weir which indicates that these lands have always been subject to flood, as they are low-lying lands, dated .. far back as 1918. Mr. Barksdale stated that the weir Is equipped with stage regulation gate. capable of regulation of elevations fro~ 3.5 ..1 to 5 P~. 31 ..,............~-,.... ---..., ., .:t. " :;, N' . .....,. .. ... >''''""'''"''"''''''-'''''''''~-'''""'..__..",--,_..-",...;;,_...........;,~,..,..,.~..., """""'""''''''''_''.'';''"'''''''''"',"",,",,.QII_''''_'_'''-<-1<;-''''''''''''~"''''''o1''-""_.""....;'''''"...',.,'......"...._.''_'''~_,,,'',,..,..,,'_. .."..,~ _."""......"_"',,_". ._~.tM.'~õ, . n.....'f:'Pi!~Y7!4:."~ .. . '...<.......:,~..,','j. ~..~ \.........'!.J....,~\:;..... . ..'¡'''¡' r"" . . ....:';.. ,;..;;;,..... ~..... .... ." ~ . .... ,. . . .' .........'.( "''.' 1"""90.;·-·~ ~. ~ii "".' ".¡" - .'. ~',.. ',,.. .....-:. .." .,.. 's .:.'.. ~ ",' J" t. .. . . ."'." . ;'7' -''''''' ." 't . ·~r · ,...... ~ .... .' ,';,' (' ~ . ~ '. .. . '~I.·"''1'.-. . 'If. i.. .~.. . '''''J' '''1:lf'' ......,.....,.~'.~.i;,I,.!,.<~1... .' :tí.}:.~ ''''. ,. . .,.... Jot....:....' .:"V':'.' '~'r. ~... ;,....,~ '.,.1(.. .~"c·,,· ..........,....,..... . ';' ';1~.~:~~·~..,;~:-~.,...·'.~ ;~... ..;~-)v ,r~~~,~~: ',1' ~I:f,.~; ,,"':';>'-.~~~'~j,:J,:Ãl._~, " ,'~: .. ~".~,fItf"fi'<!··'·M~l .' ~¡, t,...:..",.;..).~"" t...···, ~..t,*~~1r.~ \:"~' ~~~~~~~~~~~~--~-~~~~~~~~~--~~ the time that those elevations occur. September 1, 1981 . .~ / ~; "'.·~,t!t ~ ¡~.,'¡~ ~ ; ~.~~~ ~~~ " , :~,~~ <~~ .~, \..... ;:.1 ,', .' msl, and that all exc... water will be dlscharg.d. He add.d that the o~lginal purpose of the .tructure is to store maximum amount of wat.r above the structure, convey flood waters through the .tructure while not Inducing damage up.tr.am and provide a salt water intru.ion barri.r. He said that the gate. will also provide for additional dlscharg.. : Mr. Barksdale said that hi. recent Investigation of the .tructure indlcat. that the structure is passing water at design flows, how.v.r, onc. the flow pa.... into the canal end the hydraulic capacity of the canal I. exce.ded, then the canal becomes the controlling influence on I the upstream water elevations. ne said that It would, however, affect Mr. Barksdale noted that the rainfall data Indicates that the general area of the weir has receieved 5 inch.. above the long-t.rm av.rag. of 8 Inches of rainfall for the month of August. He stat.d that, pr.sently, he cannot justify or verify the design of the structure, becðu.e the engineering reports, calculations, and cOMputer printout. that have been prepared by the consulting engine.r are not at his dl.posal, however, h. can .ay that it I. functioning a. it wa. d..lgned and that it Is accomplishing the purpose for which It was d..ignad. Mr. Barksdale .tated that, if It should b. d.slred that the prot.ction currently provided can b. lessened without .erlou.ly jeoPardizing that purpose and acc.pt a great.r degree of ri.k of , overtopping It with salt wat.r intrusion and provld. .om. additional assuranc. that upstreaa flooding will b. l....ned, both In h.iqht and In duration,. th.n it can b. don.. Re .ald that the d.slqn en<Jin.er has been a.k.d to pr.par. reco~~.ndations and alt.rnativ.s ree¡ardlng this . - .;.:j t '1-' ....,. ~IØ 063 PAtE 398 '89- 39 >...."''',..'...'''-...''''-''.-....-...''''.......''''''"'''.-.,''.'''''....---.,..-,.-;-;_'I_",""_'''''''-'''''''''-''-'''''''''~ ,- ,- ,.........,.."'-""..."'...',..." ...'"",.....,.'."'..""."".,,'..,.,.,'~..'''',, "'_"..d"~""'.,,,.....'"_,._""^,"'....._"",,~~..,.._,.,,·._...~,.-~,~..,~,,..._'"'~~~."~ ~,_" ·,", ........ ...........1"....... .. ..".:.' . .. ,'. '" , ,--' .,' :-7!!'.~"'!!': .4' -~~~-' ...: . J r ',", #. ... \. ~." ':,.. "1.'#_' . . '''' "" I 'f. .....~J,..¡. .:-'!': "-'. :,' , . .....' ... .~ , "" ,....1;.. . . " . .. 1~.. ~. ~'".,' ," . . " ".. '. ..~. :. ""'; /', ",", ,,,... . '.... -. .~' . ~ ".. "7 ~ .' ". ·.ta. , ., .....J.....-*~....__--..:.,,:.-_ ---....:... ___-"-'"-.I-1...:.,__:...f_ ___---.J_~-" ____ , '. ..' .... .. September 1, 1981 )nœ 063 rAC£'399 .eaiure and that should be completed within the next week. Mr. Barksdale also explained that the entire County has been . experiencing flooding in all the low lying areas ðue to the heavy rains. He said that the County has done everything that it can to ell~inate any ·blocks·, however, the situation remains due to the fact that the County has experienced so much rain in ~ugust. Mr. Barks~ale said that it it turns out that the channel controls the upstre.. levels, as indicated in many of the reports, then, lessening the upstream flooding will only be affected in duration and then only to the extent that the structure is controlling tho flows versus the upstream channel controlling the flows. This report was discussed at length, during which Commissioner Kruse aald that the problem seems to be the combination ot purposes for the structure and noted that she believes the 60 Inches Is excessive as a salinity barrier, whereas this is the elevation needed for purposes of water control. Mr. Barksdale stated that the five foot elevation I was chosen to lessen the ·chances- of overtopping, and to reduce that elevation will increase that ·chanc.-. Commissioner ~ru.e asked Mr B~rk.dale how deep the water was just upstream of the structure and he replied that it is approximately 6 ft. deep or -1 ft. elevation, based on the weir elevation of +S ft. He saId that, depending on the tide, the downstream depth is 2-1/2 ft. deep. He agreed that the weir Is holdlnc¡ b.ck at least tive teet of water. Commi.sloner Kru.e .ald that, a. .he .ees It, the problem is duration of flooded conditions upstrea. of the weir, .nd Mr. Barksdale concurred, .ddSnq that the duration of flooded conditions depend. on the capability of the canal Itself to handle those flows. Mr. Ja~.. Squaro, o~~er of Square. Land8capSne¡, Inc., atated that ,.,. 40 ..,~'''-''- ... """"'""'''''"'''''''''"","""""-,'""".,,,,,,- ',....."'."......,_._--,-",.,-"'....""",-"';,;,.;..,"....,~~;." ,-.... .''''','''.".."...'-....'--....;_.."...~",'''',.....".¿_.._.;'''..,'''...''"';~'''''''-....""''';''''_'''''''''_'''''_'''''_c ~">·,;~^.~H'·._..;"'".."._,,~U.".·"n"·.·...' . .,. .;.e!'Þ'1 . '" '. ,.... ,.... , . Oeptember l, 1981 , .... -..... "itt.'. t'... -,,'. .....:" J "'" .:., ~ " '.. . r ....... .... ...' ...... .' . '.' . ".'''' ..... his. property, which is located two ~iles north of the weir, has experl.nc.d a high degree of flooding and that in the nln. years that he has been th.re it has never been as bad a. this year. He explained the amounts of water over hi. property, and that when th.re was a problem In the past, It used to flow off and drain within a tew days. He said that hi. land has be.n underwater for a w.ek, at depth. of six to twenty four Inches. H. Baid that the canal/ditch Is not maintain.d fr.e of w..d. and that b.fore the weir was built there was a fifty foot wide opening for the water to flow through. Re said that now that the w.Ir i. In place there Is only ð small opening for drainag.. R. said that he agrees with the theory behind the weir, however, It i. his opinion that the de.ign is t.rrible and not functional. He said that the flooded conditions also l.ad to health probl.ms and that h. is urging the Commission to give the people In his ar.a 80me reli.f. Mr. Dorsie Whisman, owner of Kountree ~ampinn, stated that he objects to the denign of the weir and that It has c~ua.d probl.~a throughout the County and as far up as his place of business which i. located 1/2 mile north of Mr. Squar.'. busin.s.. Ho urged the Board to have the weir redesigned and modified 80 aa to allow for a more rapid flow to ellminat. the flooded condition.. Mr. Ed Deeson, resident along Creenway Road stated that h. agr... with the other speakers and that the weir n.eds to be modifl.d. Chairman pistor stat~ that the consulting .ngin.er will have hi. reports and r.commendatln. r.ady In a week or so and that the Board will con.ld.r th.m on September 15, 1981. He also ..ked the f891.tered apeakera to ke.p In mind that the .ntlre County ia ..turat.d .t this point In time and that this i. the contributing tactor to the flooding ·proble.., I... there 1. no place for the wat.rs to go. ~çCX 063 PAIl:tOO Page 41 ,_.- ---..,.."..... .....~·_~....__.~u.... --,...-."...,...., ....---.-.,---.--...-..---.,.--.----..;-.---,.... .' .. .:.:.. ;.., ..,'-" . j '" '. f ,I ',..' ... ...i...........l.- , . \ ,,' ",. . :l!': .-~ ...... .~. , ". . "Y.. t.. ..~'" . 1.' I ',. t I ~ '.. ~ .ø'"'' ~ -"" ~ f' . . -.... ..", .'.'. I'.:il.'-,· .~,-~ , . ~ . >. .' J '#c!o,' ....,../. r :-- · ""~""I"f'.I. . . I ··rf.....·..:.C·:..:-....' , . .¡ "". ' ~ " ,ò. ·':/~'t:··.f". . ·.·".:..:4....".;--. " I ..... : it."" .... I ~ . . ll'. ! _ .. ~ ~ ¡. . . '; "...~, . ~~~~~~~-~~~~~~~~~~~~~-~~~~ " ,':".:,;" ..-. .... ,';""'Je' ~:'..::" '.. ..;.;r),:::;· .', f. .",.~).t~~' ..l":!J' ~'i.:\~~y;.. . . f \ ~. ~ 063 nè£401 September 1, 1981 MODIFIC"TION TO 1981-82 CETA BUDCET - APPROVED, CETA STAFFING "ND ORCANIZATIONAL CHANCES AUTHORIZED Commi8sioner Wenzel moved, seconded by Commissioner Brown and , : carrIed uneni~ously, that the Modification. to the 1981-82 CET" budget ". be .uthorlzed, as reco~mended within the Executive Summary, and, that the necesaary CETA staffing and organizational changes indicated therein be approved. PAYMENTS PROPORTIONATE TO THE TOTAL CURRENT BUDGETED AMOUNT OF $39,513 RE FUND BALANCE IN COLLIER COUNTY FIRE CONTROL DISTRICT .1 - APPROVED County Manager Norman referred to the information outlined within the Executive Summary dated 8/20/81, and stated that he has received the Fiscal Officer's report on the current balance of funds avaIlable In the Fire D1strIct '1 fund, which assigns that balance according to the territorIes from which the tax funds were originally derived. He said that the subject fire district Is ~urrently being servIced by the East Naples FIre Control DIstrict and the Colden Cate Fire DIstrict, however, It was a1.0 served in the past by North Naples Fire District. He .aid that the I.le of Capri FIre DI.trict wa. also a -spin-off- of FIre Control District '1. Mr. Norman r.com~ended that, now that the necessary auditing work has been completed and the determInatIons made regarding what amount. of .oney could be credited to the benefit of the district. which .erved that dIstrict, that the Board authorize the expendIture of tho.. funds through the nece.sary budget amendment, requirln9 a supp1e~ental budget. Mr. Norman .ald that there Is an amount due (ro. Isle of capri ~lch will prevent a complete payoff until that budget I. adopted· and I'ag 0 42 _. ;r. ~.."{t.... :"''''_4. ,,'f t ~ , ....(:. _September 1, payment is mad. from n.xt years fund., however, It this policy I. adopted ari~ the n~c~~s~ry·budg.t ~ction-is a~thorized, the available balanc. will be dispensed. He said that this will meet the conditions as s.t forth In the Colden Cat. Associations' donation. towards the new fir. truck, because part of this money will go to Colden Cate for that purpose . Commissioner Plator asked If the Iale of Capri Indebtedne.s will b. paId off in on. year, and Mr Norman said that next year I. the final paym.nt year. H. said that he Is sU99.sting that the County prorate the entire amount by that amount still due and handle that amount .t a lat.r -date. Commissioner Wenzel moved, seconded by Commissioner ~ruse and I carried 5/0, that payments proportionate to the total current budgeted amount of $39,513 re fund balance in Co11iør County Fire Control District '1, b. authorized. ADVERTISINC FOR ^ SUPPLEMENTAL BUDCET RE FIRE CONTROL DISTRICT 11 FUND TO ^PPROPRIATE FROM UN^PPROPRIATED SURPLUS THE R£M^ININC FUND B"LANCE OF $7,375.78 SO TH^T ^LLOC^TION P^YMENTS C^N BE COMPLETED - AUTHORIZED Coamlss10ner Wenzel moved, .econded by Co~.issloner Kruse and carri.d unanl.ously, that the advertl.ing b. authorized for a .upplem.ntal budget regarding the Fir. Control District .1 fund to .pproprlat. from unappropriated surplus the rem.inlng fund balanc. In the amount of $7,375.78, In order that the allocation pa~.nts r. .... fund can b. compl.ted. .j .~ . &CCt 063 IMt 402 ..- ........~ .,.... -, ~~ ~ ~.-- ...-- ~-......-."..- --___-r--~...,...............- .í....r::\.~..... " -~~. .PI )'tl.i, . .. ._ _."". " ..' '~\.' . .,. ..! \ \"~' '.- ,., '-!III""'" :!:;t.· ..' t~~'"... ..j ..... ., . ,;..-+;..··f-- .. .::.i~, . i'..··" ,;... . ~ ..of..... -- '-." ~ .. ..,. " "·:~.i ',' t .. .-:~~'.:." ..':~ ·;'r' , .........! ~. . a.· .....,. ~ . ..~ .... w- ~~. ~.~., ., ",. " J.i~V:'~:'''~' . ...; ,'1" . ;.. .' ," . ' ~ ' ....."'k-4''''''···"'·_.............''''''..,,,''''·OO'...._OII.·. ....., . , .' r.~~~~~~~~~~~~~~~~~~~~~~~~~~-~~~~~- ..,.. ~"".~ september 1,' 1981 1" f. . ; .:. acœ 063 'A~403 BOARD-TO REAR PRESENTATION RE FINANCE CONSULTANTS RE GOVERNMENT EXP"WSION BOND ISSUE',9/B/81 FROM, DREXEL, BURNH"M, LAMBERT, INC. J FISCHER, JOHNSON, "LLEN , BURKE, INC./SOUTHE"STERN MUNICIP"L BONDS, FLORIDA MUNICIP^L ADVISORS, INC., ^ND WAINWRICHT , RAMSEY, INC. ~, After a brief discussion, Chairman pIstor directed that the following firms, having been recommended by the consultant screening co..ittee, a8 outlined within the Executive Summary, dated 8/24/81, be considered for the Finance Consultants regarding the Government Expansion Bond Issue, on 9/8/81, at 111 00 A.~1., each being given fifteen minutes for their presentation before balloting i. to take place for determIning tho first choico of the Boardl Drexol, Burnhan, Lambert, Inc. Fischer, Johnson, ^11en , Burke, Inc./ Southeastern Municipal Bonds Florida ~unicipal Advisors, Inc. Wainwright' Ramsey, Inc. * * * Recess - 12101 P.M. - 1130 P.M. Deputy Clerk David.on was replaced by Deputy Clerk Skinner. * * . * * . ROUTINE BILLS - PAID Pursuant to Resolution 81-150 adopted by the Board of County co..lssioners on May 26, 1981, the fol10wlnC checks were is.ued throuqh August 28, 1981 in payment of routine bills. rUND CHECI( NOS. 11858 - 12055 27301 - 27823 AMOUNT $1,093,913.76 $ 254,464.50 County Checka BCC Payroll 'a9- .. .."..,...,."~",",",¡-"..,.""".,,,,,,,,,,~,,_,,,,,,,,....,,,.,,,.._H__'____'~·__ .. ."..-......-_..."',"',A<i'ft';j,..__...._."""....-...._.I...........""...."'''-·.-.,...,".""",,,,.,,,,.,,,,,,_,,,,,..,.'··,,c" , . . Of......~"~ ';'~":.....'. -,' .,~ ~ :-~ t " " .........,~I/tt.....i . j "l SepteMber l, 1981 RESOLUTION ~UTHORIZING ISSUANCB or fAX ANTICIP~TION NOTB ~ND ~UTRORIZATION FOR CH1\IRM~N TO SIGN T"X ~NTICIPATION NOTE FOR SEWER ~REA w8-, SOUTH ""LV (£1\8T N"PLES) MUNICIP"L SERVICE TAXING BENErIT UNIT - CONTINUED FOR ONE WEEK After a short discussion, It was decided to continue for one week the discussion of authorization tor the Chalr~an to sign a resolution . authorizing Issuance of a tax anticipation note, and authorization for the Chairman to Bign the tax anticipation note for Sewer "rea wB-, South Half (East Naples) ~unicipal Service Taxing Benefit Unit. ~ œa rm40l 'age '5 --- --..-.......-... ................-..... --- ~ .......... .....-.-.. , ., . .. . . ~/.~. '" , . _". I.' . . )- ... ..... '\ i . I i < :: I.... ..,.;." r . ~ ~ '. t. \ ¡Þ ~ .! .. -.I, .I', _- .-...........- .... ..... 9:-' .... -r - - .. ' . .. , ~.. .. ". ,\ '. '. t :A,.....".... .t....···..·...., ....;... """'. '.-\Î' : .:;:~~";;'~j~'. ~.:,..", . "-fo>_.¡ "'" _....""'..._ ... . __,_.._ ,_'_·,..M_,.."_""'_.._,........_·.,_,·_·...'_____'"~..,·..'''''·.._''"~·",",.~.,."";'..'.,,,".....^ \ .;. j~ 't';.' \ ~" ' ...' . }t..H ". ' ~~~~~~~~~~~~~~~~~~-~~~ __'"---I___..-I-.J--'-.#~ , ',,:.~ ..."'1 :"~"'··i~.~ -;; ~- , .; September 1, 1981 ~CtII 083 rm405,. , T!HT~TIVE "PPROVAL TO CONTINUE THE SAME MIL LACE FOR THE COMINC YEAR POR SEWER DISTRICT "REA -8w AS LAST YEAR Fiscal Officer Hall said he recommended that the millage rate for Sewer Service "rea -B- for funding the engineering be continued at the .ame rate for the coming year as It was last year. Commissioner Brown moved, seconded by Commissioner Wenzel and carried unanimously, that the millage rate for Sewer District Area -8- be continued at the same rate for the coming year a. it wes for the last y.ar. RESOLUTION 81-198 REAPPOINTING MESSRS. JOHN CONROY, JR. AND EUCENE BRISSON TO THE HOUSING FINANCE AUTHORITY FOR" FOUR-YEAR TERM - ADOPTED Administrative Aide to the Board Grace Spaulding explained that County Attorney Pickworth has informed her that a resolution I. needed to reappoint Messrs. John Conroy, Jr. and Eugene Bris.on to the Housing Finance "uthorlty tor a tour-year period. Co.~issloner Wimer moved, seconded by Com~lssSoner Brown and carried ./1, with Commissioner Wenzel opposed, that Re.olutlon 91-198, reappointing Mescs. John Conroy, Jr., and Eugene Brl.son to tho Rou81ng Finance Authority lor a four-year period, be adopted. { f:,~·.: , ,I! _'-_. '-"'~-"-'''''''''-- ~- --------...."......._- ."'~ .....-...-------- ----_.--- -" ..t . ~~ 063 fACE 4D7 , - I September 1, 1981 MR. ARTHUR FORD REAPPOINTED TO INDUSTRIAL DEVELOPMENT "UTRORITY FOR A FOUR-YE"R TERM Commis.ioner Wimer moved, seconded by eo~mission.r Brown and carried, 4/1, with Commissioner Wenzel opposed, that Mr. ~rthur Ford b. reappointed to the Industrial Development Authority for a four-year tent. . RECONSIDERATION OF DECISION OF WICCINS PASS BOAT POCK - PLACED ON SEPTEMBER 15, 1981 BCC AGENDA COm~iG8ioner Kruse øaid that due to the fact that additional Information has been made known to her regarding the Wiggins Pass Boat Dock, she moved, seconded by Commissioner prown, that the Board reconsider its decision regarding said boat dock at the September 15, 1981 Bce meeting_ Upon call Cor the question the motinn carried 3/2 with Commissioners pistor and Wenzel opposed. County Manager Norman st~ted he had met with County Attorney I Pickworth and that they have dhcussed a chanq8 in the Board'. ordinance which would clarify and overcome some of the proble.s with the use of Roberts Rules of Order with regard to Board reconsideration of .attera and he said Mr. Pickworth will aoon present an ordinance which will simplify the reconsideration procedure. 75XVA MOTOR-GENr.RATOR AND REQUIRED WIRINC TO BE INSTALLED - APPROVED Chairman Plator said there was aome question reqardinq whether or not the Board approved installing the 75~V" .otor-qenerator when it was approved. Co~ls.ioner Brown moved, seconded by COeDIs.loner Wenzel 4 and carried unanimously, that the approved 75~V" motor-qenerator and ~-.~ rl.~~.·I·.:.!UI:::r:I::~ a~h:::t::::::.lon r~arðlng County ""nag.r Noraan'. I c....a' .. '") ,,,,,~,- i!,!' .,¡"". .~ge.tion to u.e the fund. in the Capital IlIprov..ent Fund 303 for the '¡"~'-".. ';;' ~ . -~t'b :1:.')_, ,.',' ::';;t. 'ae¡. 4 '7 ,..' , , ·~'?''''1 ":¥il .-I~.; . -";:;1 ';<'t '., '. ~ 1 t . .. :L "".".,-, "<.~;""~.",-",~,;--,."""",,,,"<-_..._,,~,,,,",.., ~_......._.",,,,,.,,_,,,,",._._",,.~_..._,_,,,_..., . """ ",___'_"__"'h_'~"M_'H"~~""^_"_''''~'_<'''''' . ' , -" .... . September 1, 19a1 . 'ft .~'<~ purpo.e t 'f of Installing the 7S~V" motor-generator. The decision was nade that, following Mr. Hall discussing the situation with ~es.r.. Denty, Murray, Carlton, and ColdinCJ, a Budget ~endment would be brought to the Board detailing from where the ~oney for this Item would co~e. AUTRORIZATION TO PLACE NCR COMPUTER ON 5TH FLOOR OF BUILDING ·F- - CRANTED ^fter a short discussion, Commis.ioner Wenzel moved, seconded by Commis.ioner B~own and carried unanimously, that the Board authorize the Installation of th& NCR Computer on the Sth floor of Building .,. of the COllier County Courthouse Complex. HR. HAL BRANDELL APPOINTED AS ALTERNATE TO THE MARCO ISLAND BE^UTIFICATION COMMITTEE Chairman pistor said the Marco Island Beautification Comøittee has requested that Mr. Hal Brandell be appointed as alternate to the ~ommlttee. Chairman pistor noted that Mr. Brandell Is currently Dlre:tor of the Marco Island Condominium Managers Association. Commissioner Wimer moved, seconded by Commissioner Wenzel and carried unanimously, that Mr. Hal Brandell be appointed as alternate to the Marco Island Beautltlcatlon Committee. TENTATIVE "PPROVAL OF SUPERVISOR or ELECTIONS BUDGET, ITEM It, RESULTING IN A $40,000 REDUCTION IN THAT BUDGET - CRANTED Chairman plstor exp161ned that Supervisor of Elections Morgan stated in her memo to the Commissioners that throU9h coapetition she was able to save approxl~ately 40' on the cost of the new voting Dachlne.. He said that Ma. Morgan listed thr.e alternate. in her .e.o according to the suppliers' bid. buying 100, 150 or 170 voting .achlnes and he rec~ended that the Board accept Ma. ~r9an·. It.. A which would result In a $40,000 reduction In her budget. ~ 063.4œ 'a9- .. oro._-....-...,... ~..,....~t:-~-----:7,~----~~- '" .. . . ...... . ...~!!';'1:' ',. .~~ .,' '. .... . :,~ i.,.' "~""""'1(. ..." !\è·'~:'~"'''. ' . \ . .,' ,-', f'l-'... .,', :,~.¡ . , . + ": ':/"'_: ~ ' ..to.. ..... ¡ ,.' ....' , ',~ ',_ ,,,''-f,.~rÞ.1:.b-_.': I.'.... t ...., ". ,4 , .:,' ,,' .. .; " . ~~,.: t " ..... "............. ,a... <"-".~"V". .....~M.., ..~::)l'·· I,' _. .' ..~'. ~~/·l.ttÞ\" ; ",;(\,~~J"~~.~:~ -~. ---~'- ~"'-"'''';''''''''-'''~-'''''''''~--'''--~'''-"-"'"--'''''''''';';;'''''''''-''-.''' .,' ...... .........,.~ ~ ~ < '~~';~Ì!'.."..,"\..:::.: '- " ..:....~.....,:~ ' "'7'-~t.-";'t~,\. ~~ . .. ..... of, .,. - . ~,.. ~, '¡"..:':' I "b ,;" ~. '" ' . ;.:.:¡. ,i,.'" :'. ~ ~A"":""~ ~___ ~.",:. ..~J~~....':'...'......" ',", " ,- ., ,.-- ' ....:. ~.' "I~' '''~,'' ..: 1t.. . . --" september 1, 1981 d 063 a400 ·Commissioner Wenzel ~oved, seconded by co~issioner Brown and I . carried unanimously, that the Board give tentative approval of the . Supervisor of Elections budget which includes Item " regarding cost of voting machines resulting in a $40,000 reduction In that budget. "BOARD RECOGNITION or -ROOKIE AWARD- CIVEN MRS. JAN BENNETT BY FLORIDA ~"SSOCI"TION OF EXTENSION HOME ECONOMICS ACENTS ". Chalnnan pistor said that he felt the Board should take note that Mrs. Jan Bennett has been awarded -Rookie of the Year- Award for 1981 frea the Florida Association of Extension,Home Economics Agents, which I. the hlghesl award given to an extension agent for Home EconomIcs. Commissioner Brown moved, seconded by Commissioner WImer and carried unanimously, that Mra. Jon Bennett be commended tor all the work she has done for Collier County and congratulated for receiving the -Rookie of the Year- Award. DISCUSSION RE FLOODINC ON TRINITY PLACE, MR. JIM MALCOLM, A. OUDA FARMS, OFFERED TO CRADE 6- OF ROCK FOR 1200' IF COUNTY SUPPLIES MATERIAL- NO ACTION TAKEN Conmlssloner Brown explained he has received a call fr~ Hr. JI~ Malcolm, Manager of the A. Duda Far~s, who said that the wator fro. Henderson Cre.k Da~ has caused a problem where he live. on Trinity 'lace with the water being on the road for 1200'. Commissioner Brown related that Mr. Malcolm .aid It. Duda Farms would furnl.h the grader If the County would Eupply the 6- of rock which would correct the situation. Chalnnan pi.tor said the situation would be looked Into. 'ag. .., ,.<""",,,,,,,,~,,,,,,,,,,,,-,,,,,_.,,,,,--,,,,---,,,,,,,,___.,_~,,,,,~.,¿-,,,,,,.''''''''''-.'~' -'~eptember 1, 1981 ,::.~! . .; t-;; '" I.: :.,-l CONCEPTUAL. APPROV~L. CRA.NT~.D FOR R~t..'.SS,IPICATION OF TRE POSITIONS OF PL~NNER I TO PIty CRADE 14, PL"NNER II TO PAY CRADE 17, PLANNER III TO PAY CRADE 21, AND Pt..'.NNING AIDE TO'P"Y CR"DE 5, INCLUDING JOB DESCRIPTIONS WITH AMOUNTS TO BE BRoucnT BACK TO BO"RD NEXT WEEK. Comaunity D.velo~.nt Director Virta explain.d that "ttachment '4 of the mat.rlal he gave to the Commissioners ref.rs to the planning Work Progralft discussed In the workshop last w.ek. fte said the project. have be.n put In priority order as he and Planning clr.ctor Crew felt are necessary and are refl.ctlve of what they felt the Board .xpr....d 'last week. ~, Dr. Crew said the projects were put in ord.r of what had to be don. and what are r.quir.d by law. He said, after the workshop discussion, ¡h. figured the times ostimated on the various projects , again and on some of the projects' time were reduc.d and on some, time was added 00 that approximat.ly five or six months were added to the tllll. needed. Mr. Vlrta noted one of the Items discussed In the workshop was the salary question and said that the P.rGonnel Office has made a roview of the job descriptions for the planning positions, as well aa D salary survey of the area and have made certain recomm.ndations as to Planners I, It, and III salary l.v.ls. County Manager Norman said that a specific recommendation in that reqard Is on n.xt week's Board agenda for revising the positions and salaries. Mr. Virta said that the budget to be considered at this evening'. public hearing shows a res.rve for future .xp&ndltures for the Community Development MSTD of $324,736.00. He aald the current - eAtlmate of revenues, over and above what was anticipated to b. generated for the Bulldlnq Department, was In exces. of approxlDately $700,000.00 and of the dlffer.nce, $300,000.00 I. ca.h which ha. been b 063 fttEno P8ge 50 ',,' ~~-r~-"-"'-'~~ __ .._ ...... . -. i ...:~:;_.._..-.....,......~ ~" '." .,....; ~ ". ~. .~~!. ~~~f·~ ., : .." :;.~~~tII ---w-~~--~,...,,-------,.- . , .... .; . .... . ,,~:' .... to· , . ... ..~',~~¡l .' ,. ... ~ ---'" r-.It ................. .... ---" .... .... -..- --,..,." . , ----tI.....".....ø_ 6---<i1f__ ~CD( 063 fAŒ 411 September 1, 1981 ~"1 ':::'}" Hit· ···.t .} ~'i . ~'\t . '''J~ ¡ budget. The recommendations are slightly over $70,000.00. received and there is $400,000.00 not accounted for in this evening's . \~. , .~ . ,'. . . . .. ." r' ,.. -¡ Mr. Norman clarified that for FY 1980-91 a substantially greater ,," '.. revenue Ie being projected from the sale of building per~ite than hað been estimated in arriving at the year-end balance for the currént year. Fiscal Officer Hall noted that the later in the year a buget is prepared the better figures are available and he suggested the figures be left as they are in the budget and there will be unanticipated Income which would be carried over into the following year's budget to be expended as decided upon. Mr. Norman said there were sufficient funds in the Contingency Fund to handle the additional coste that Mr. Virta mentioned. Mr. Virta said that all discussion regarding the Metropolitan Plannl~ Organization has been removed from the proposal and that he would bring this part back to tho Board as soon as the department i. designated a Metropolitan Planning Organization by the Covernor's I Office. Ho said that research indicates that there would be approxi- mately $80,000.00 in grant money available if the depart~.nt wac a Metropolitan Planning Organization, which i. about what the coat would be. Mr. Nor~an commended Mr. Virta for the work that was done and said that some of the Ite~. in the proposal would require the develop.ent of costs Information which he would want the co~mlssioners to have before they fonaally act on the ite~s. Dr. Crew said that the major cost 1 t..s would be tor the poal t ions for next year and he would 11 k. the Board to act on r.co~~end.tion 11 of the proposal which deals with current e.ployee. and pay grade.. . Mr. Norman said that thl. was on next ~eek'. agenda. " , . ,f ,.e¡e 51 ..'""'''~,_,,_.._'--.."'''''''_...._.'''_...,,~.,.".;. ",...,,,,~,___,,,,,,,,~..~""~,,,,,,,,,..,,,,,,,.,",.",,,,,,~._,,,".......,,,,<,".._"",...,..'~"'"''';''' .,..",".~.,_ ...."" ·c" t:\ ~(~: .' , f. f ç . '....- . '/,.,:., ;,. .' . . , i~". . .~~ ?<..:.... ',' ",i.t. ...... . ....e.'..-.~""'...;:'";t~I1........ . '., it..; .'.... ~.~-.w ~~. ~·1~··.L.... - '¡;;:"";':;"" 1ft.. .,.. .....~ .- ,.., ......~ .. ' -,C6: ................... '~~~L.r___Á-I' -- · . ---- ~ U.' . '~., September 1, 1981 Commissioner Wimer ~ov~, seconded by Commissioner Wenzel and carried. 4/0, with Commissioner Brown ~bsent, that the Aoard CJrant conceptual approval for reclassification of the positions of planner 1 to Pay Crade 14, planner II to Pay Crade 17, Planner III to pay Crade 21, and Planning Aide to Pay Crade 5, Including job descriptions with amounts to be brought back to the Board next week. Commissioner Wi~er requested that project fee amounts be brought back next week also and Mr. Vlrta concurred. tater in the session, Commissioner Wimer stated he did not want to walt until a referendum to determine whether land should be a park and he said that land for a regional park should be designated at this ti~e to warn people that at some time the County Intends to acquire the land for a park. BOARD APPROVAL Of EXECUTION Of QUIT CLAIH DEED BACK TO DEVELOPER FOR A PORTION Of WINGS SOUTH County Attorney Pickworth referred to a map on an overhead board depicting a development known as Wings South and said that none of the area was platted. fte said in 1967, Dewey Polly, by quit clah. (loed, deeded to the County all the roads drawn in on the map. In 1972, he explained, the Board passed a resolution in order to vacate the property to give up the public's right and abandon the roads, and that a request has been received from people purchasln9 a portion of Wln9. South for a quit claim deed so they will have clear title to the property and can place the roads where they want them. tt:)( 003 w412 "_ge 52 --~-~~-~-~~~~~~~-~~~~~~ . t. "'t . , .., ~ ..' -. .-: '. .-. . ri~~ ¡. .-.,....l.. ..,...~~ .... . '_.. I . " "-'-"'"'""'-_.',",.",",,,,..,.".,,,,_.",""-'~'" ~..i ..;.;.. . ..··F·. .....' ,.,: '.'; - ,;'. ,..... ,.,. ...,'~~.~':~¡r.-,Ä.·,~"/~~~· 1. ",~'F'¡ , . :'~t # . .. -- .. .. 4 ... ',. ..' . , .' .... ... \ " ---~ -------" .' -.......... ; ....,.'... ... ~ . ... . . ,~.t,. .,.·0\' ,J,.'!'...... ....,:,.... " . '..'11 ~ .. ..-... I' 'I :~.... · -:, ".,,' . .", f :," "\;. , /1 . . ." " ~COK 063 fACE'413 ~ short discussion ensued regarding the airstrip on the property. planner Lie Layne ~~'d that there 18 a clause wItb FAA approval that September 1, 1981 \ the airstrip has to stay prIvate for the 801e use of the residents. J. '.,', In response to a question by Commissioner Wimer, Mr. pickworth said be dhcussed the area with the Engineering Department and that depart.ent ha& no problems, from an engineering standpoint, o~ the property In questIon. Ms. Layne said the purchasers are planning to bring in a proposal for a PUD which would address water management faclUtles. Commissioner Wimer moved, seconded by Commissioner Wenzel and carried 4/0, with Commissioner Brown absent, that the Board approve the execution of a quit claim deed back to the developer for a portion of Wings South based on staff recommendatIon. . . ,'. pag e 53 ,"..".._,,,.~,,,...",,,.._,,_,.-,. ,....._."0>'.,. "''"'''';''''.., '·""__"_'''_''_'_'~'''._';'"·~.'~''''''H'"",,'':'''''''''''''''''''''''''''',_..-__..._......*_;<''''_".__,;O~".,....".,.",..._.,--. ",.".~.",."."..=, .."'~"'..""'''''"''_....__"...¡''''_",.~".,..,,,.,..._.......,';''';."'''',..,,,,..,... """"""'_·".""~'"'W_"""_'''.~<"''_"''''...''··'·''"'''''''''''''· . . ....",. . ., . . ,.,," ... ......,.......1...·._ . ~.io:·,;:·~.~·r;: 11':' 't1'J. ..."":,... ',-,:~' ., .."- . !} .. r,.\~\~~ ~~r.···:··~" . '. . . . ~~-~~~~~~~~~~-~~~~~~~~~~~~~~~~-~~~~~ September 1, 1981 tlcœ . 063. rAct '415 ~ENT^TIVE "PPROVAL OF $4,000 CUT IN PELICAN BAY LICRTING DISTRICT BUDGET - CRANTED " , County Manager Norman stðted he received ð letter from the :1I\anager of Pelican Bay MSTD stating that anticipated expansions to the Pelican Bay Lighting District did not materialize and therefore the budge~ requested was approximately $4,000 too much and he requested that tho budget be cut by that amount so that the millage rate cðn be reduced appropriately. Mr. Norman recommftnded thðt the request be approved. Commissioner Wenzel ~oved, seconded by Commissioner Kruse and carried 4/0, with Commissioner Brown absent, that the Board tentðtlvely approve a $4,000 reduction in the Pelican Bay Lighting District Budget. Mr. Hðll said the millðges will be available in handout form to the Commissioners for this evening'. budget meeting and the above chang- will be reflected. VOTINC PRECINCT NUMBER 4 RE DEPUTY SHERIFF ~OHN T. C^LTABIANg - rILED FOR THE RECORD In co~pliance with Florida Statute 30.08 wherein the name of each Deputy Sheriff and tho number of his votlnq precinct Is filed with the Board of County Commissioners to become a part of the minute., Sheriff "ubrey RQgers .ubmltted the following. NAME VOTING PRECINT John T. Caltabiano No. 4 '89. 54 ,^"",..".."m·~."."~·""·'_'_·""~"O,._.",..·.._..._·,...""...,_________'."'_-..._ -"-~"""'''''''",,~''''''-'''-'''''''''-''''''''''''';'~--'-''''''''''';----''''-''''''~'-.... ,\ ..~~ " , , :t1 ~ ~,~.~ "k: , \ . _,'~"".' . "." '...,.... ... . ~.'~ ~ ~'.. . I,,: t ~:~~'+ '¡ '~< "', .~.~'. ,~~...'~-.~':';(:~t,: ",.. "":~~',-'" ,_.,... . .... 'I t , -. ~(;Ì$..·ff.':~t,:~.., . . ,..; ',"'~~ ~I ..,Ì'I!'\,¡r~...~..;;..· >.': . .f· "i.', ~:..'. . . ~,... . .:' ""if... ...., .', ~ '~~~f~~" .. ,...........' . ' ,_ ~:'. ,....,.... .1'11 '.. ., ....,.. J I':...·.."'..., "l·".:. .'". ,< . "..- _~::I':.: ...' . . r ::~:~~.;'i .~'{~.~ : ~ . ,. .¡t..:l"~'''''''.~ .. ~ '-.,.,0. ."'........' , ':,.~\~,....... ... I,',.."".; '·:·r,-..:"",~ .. ';, ~. . . .,.', September 1, 1991 MISCELLANEOUS CORRESPONDENCE - FILED "ND/OR REFERRED l. Copy of a resolution of the Board of County Commissioners of "lachua County, Florida, .upportlng a special legislative ....Ion to consider meaningful tax reform measures and passage of legl.lation to Implement a one-half cent local option sales taxI providing an effective date. Filed. 2. Letter dated 8/18/91 fro~ Jacob D. Varn, Secretary, Florida DOT re status of S.R. 951 plus copies of his correspondence with the Attorney Ceneral on subject. xc Mr. Barksdale, Mr. Norman and Pre... Filed. 3. Lotter dated 8/2/81 from June Cupps of Isles of Capri, opposing tolls on S.R. 951. Filed. 4. Letter dat~d 8/24/91 from John B. Maerker opposing Increased budget for fiscal year. xc Each Commissioner, Mr. Norman. FUed. 5. Letter dated 8/26/81 from Hilary and Frances Polaski opposing increase budget for fiscal year. xc Each Commissioner, Hr. Norman. Filed. 6. Letter dated 8/25/61 from Glonn C. Woodard, Jr. DIrector, Foderal Emergency Management ^gency, congratulating County and staff for enforcement of National Flood Insurance Program Regulations. xc Mr. Virta, Dr. Crew, Mr. Norman, Mr. McDaniel. Filed. 7. Copy of letter dated 8/25/81 with attachment from Department of Housing and Urban Development concerning consideration of application for housing ~ssistance for 50 units under Section e Moderate Rehabilitation Program. xc Mr. Vlrta, Ms. Yates, Mr. Norman. Filed. 8. Letter dated 8/12/81 from Earle F. Davis, President, I.le. of Capri Civic ^ssociation, reque.ting Information concerning changes in zon1ng .on lands presently classified -GRC-. xc Mr. Virta, Mr. Norman. Flled. 9. Copy of letter dated 8/25/81 from Benson Charles, Finance Director, Economic Opportunity Family Health Center, Inc. lo Mr. Bill Denty, requesting Board of County Commissioners of Collier County to participate in an exchange of computer based systems (programs and documentation). xc Each Commissioner and Data Proces.ing Co~mittee. riled. 10. Copy of ^ugust 19, 1981 ~inute. of Naples City Council. FUed. ~~ 053 PAt£4i6 'age 55 " , , ~4.. _t ~................... ....... .... ~--- ~ ~ ~ -_~~~ 'I v-- ..........-- ~ ~ " i ~. >, ... . ,..\. ~ ... . . . "....,.: . ",. -,,' ..' . ....I.. " , . . ...... ." ;.. __~ rI".- \ ~....,......--.--,~.......- . , ~--a..-.I"'" --'~~ ...."...,.- t~' ßCOX :063 PACE41? " " ' 11. Memo dated 8/21/8l from Senator ceorgeKirkpatrick re public hearings scheduled for Senate Select Committee on Federal Budget Cutbacks requesting breakdown of federal revenues' , received 1980-81 and anticipated for 1981-82. xc Mr. Hall, Mr. Norman. Filed. September 1, 1981 , , , 12. Public Service Commission Docket No. 81021e-~DM, Order No. 10228, Issued 8/21/81 ro repeal of Chapter 25-2, F.A.C. and Adoption of Chapter 25-22, F.A.C., Commission proc~dura1 Rules. Fll ed. There being no further business for the good of the County, the ~eet1nq was adjourned by order of the Chair - Tlmel 2120 P.M. BO^RD OF COUNTY COMMISSIONERS EX OFFICIO GOVERNING BO~RD(S) OF SPECIAL DISTRICTS UNCER ITS CONTROL t . ;/ ./ 'J v J I ,. ~E^PJ\N" CLERI( ". oj ..... 'a,.. 5' '