BCC Minutes 03/10/1981 R
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~aploa, Flo:ida, March 10, 1981
LET IT BE REMEMBERED, th~t the Board of County Commissioner' In and
for the County of Collier,' and also acting as the Coverning Boarð,(s) of
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such special districts as have been created according to law and having
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conducted business herein, met on thlø date at 9:00 A.M. in Regular
Session in Building -FR of the Courthouse Complex with the following
members present:
C"AIRMAN: John A. piator
C.R. -RussR Wimer
Mary-FrÐnces Kruse
David C. Brown
ABSENT: C]ifford Wenzel
ALSO PRESENT: William J. Reagan, Clerk; Harold L. Hall, Fiscal
Officer/Chief Deputy Clerk; Darlene Davidson and Edna Brenneman (1:30
P.M.), Deputy Clerks; C. William Norman, County Manager; Neil Dorrill,
Admini&trative Assistant to the County Manager; Donald Pickworth,
County Attorney; Kerry McQuinn, ARsistant County Attorney; Thomas
Hafner, Public Safety Administrator; Terry Virta, Community Development
Administrator; Jcffory Perry, Zoning Director, Lee Layne and Richard
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ne~~.(!.r~oong, Planners; Irving Berzon, Utilities Manager; Grace
spa~~d~ng, Administrative Aide to the Board.
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March 10, 1981
AGENDA - APPROVED WITH ADDITIONS AND DELETIONS
Commissioner Wimer moved, seconded by Co~missioner Kruse and
carried 4/0 with Commissioner Wenzel absent, that the agenda be
approved with the following additions and deletions:
Three items are to be added to the Datn processing
Report.
Consideration regarding the adoption of a Resolu-
tion urging the Covernor to allot ton additional
highwßY patrolmen to Collier County to be added to
BCC Report.
3. Items 11 A2 and 11 A3 are to be deleted from the
Utilities Manager's Report.
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4. Presentation of petition re Rosemary Lane to be
added to the BCC Report.
5. Consideration of possible disposition of funds for
aiding farmworkers to be added to BCC Report.
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MINUTES OF FEBRUARY 10, 1981 - CONTINUED TO 3/11/81
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'!Dering no objections, Chairman Pistor continued the consideration
of approval of the minutes of February 10, 1981 to 3/17/81.
PROCLAMATION DECLARING WEEK OF MT\RClI 9 THROUGH 13, 1981 AS RLIVE WELL
FOR LESS WEEKR - ADOPTED
Chairman ptstor read the proclamation declaring the week of March
9 through 13, 1981 8S -LIve Well For Loss WeekR. Upon adoption of the
Rosolution by a motion from Commissioner Wimer, seconded by Commis-
sioner Brown and carried 4/0, with Commissioner Wenzel absent, Chairman
pistor presented same to Ms. Jan Bennett, Collier County Home
Extension economist.
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Mðrch 10, 1981
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'i; ·PH0CLß~~TIOW DtCLAnINC MONTH 0' MARCH AS AMERICAN RED CROSS CENTENNIAL
.~~ MEMBERSHIP MONTH - ~DOPTED
Upon its adoption by a motion ftom Commløsioner Wimer, seconded by
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Commissioner Kruse and carried 4/0, with Commissioner Wen%e1 absent,
Chairman pistor read the proclamation declaring the month of March as
American Red Cross Centennial Membetship Month and presented same to
Dr. Howard, the local American Red Cross Chairman, and his Vice-
Chairlady.
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March 10, 1ge1
~**.**.**Chief Deputy Clerk Ilarold Hall stated that all of the *....*..
Affidavits of publlcntlon for the f~llowing pub~lc
hearings have been receivod by the Clerk's Office with
the oxception of those for Petition CP-BO-2lC and R-80-
4-1. Upon obtaining clarification from County Attorney
pickworth the public hearings were initiatod and, prior
to the two aforomentionod public hearings, the subject
Affidavits of Publication were received by the Clerk's
O~fice. '.
ZONINC DIRECTOR'S DECISION REG~RDINC PETITION A-81-2C FILED BY JERRY
STRINE RE THE SALE OF RECRE~TIONAL VeHICLES IN A ·CRC· DISTRICT
AFFIRMeD
Legal notice having been published in the Naples Daily News on
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February 22, 19G1, as evidenced by Affida'rit of publication filed .,!it,h
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the Clerk, public hearing was opened to consider petition A-8l-2C 1il~d
by Jerry Strine ~ppca1ing the Zoning Director's decision as to the 'sale
of RV's (recre~tional vehicles) in a -cnc· Dictrict.
Zoning Director Jeffory Perry referred to the Executive Summary
dated 1/29/81 and read the cont~nts thereof. "e said that his final
determination is that although the petitioner is selling new RV'S,
which would be similar to selling new automobiles, the "CI- District is
the district where the sale would be most compatible. He said that the
petitioner, who is not present at this time, is appealing his (Mr.
porry's) decision becauso he believes that RV sales are comparable in
nature with a new car dealership and, therefore, should be allowed in a
-GRC. district. Mr. Perry rcquested that the Hoard affirm his decision
and deny the subject appeal.
Hoaring that thero'was no one registered to speak, CommissionQr
Wimer moved, seconded by Commissioner Brown and carried 4/0, with
Commissioner Wenzel absent, that the public hearing be closed.
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March 10, 1981
Commissionor Wimer moved, seconded by Commissioner Kruso and
carried 4/0, with Commissioner Wenzel absent, that the Zonin~ Diroc-
tor's decision regarding petition A-Bl-2-C be affirmed.
Commissioner Wimer asked Mr. Perry if he. needed any direction from
the Boðrd regarding possible changes in the Zoning Ordinance which
might mske the sale of RV'R more c1~ar, and Mr. Perry rcplied nega-
tively, adding that based on the affirmation of the subject decision,
he sees no need to amenrl the Ordinance.
PETITION CP-80-22C, JACKSON BOUGIINr.R, REPRESENTING MICHAEL MICELI AND
BARRY NEAVLING, REQUESTING COMPREHENSIVE PLAN LAND USE ELEMENT A~END-
MENT FROM RESIDENTIAL MEDIUM TO HIGH DENSITY ON LOTS 1-(, OF BLOCK wG"
UNIT 2, CONNER'S VANDERBILT BEACH ESTATES SUBDIVISION - CONTINUED TO
3/31/81
Chairman Pisto~ stAted that A letter has been roceived from the
petitioner requesting thAt p~tition CP-BO-22C be continued to 3/31/Bl.
Hearing no objections, Commissioner Wimer moved, seconded by
Commissioner Brown and carried 4/0, with Commissioner Wenzel absent,
that the subject public hearing be continued as requested.
ORDINANCE NO. 81-12 RE PETITION CP-BO-23C, COUNTY PLANNING DEPART~IENT -
ADOPTED" ~:tTH THE EXCEPTIO~ OF ITEM U (^ LAND USE ELEMENT AMENDMENT
FROM A'GRICULTURE TO RESIDENTIAL LOW DENSITY FOR LAND LOCATED NORTH OF
u.S. 41 AND ALONG RIGGS ROAD.
Legal notice having been published in the Naples Daily News on
February 6, 19BI, as evidenced by Affidavit of Publication filed with
th~ Clerk, public hearing was opened to consider petition CP-80-23C,
filed by the County Planning Department.
This petition is relntive to three separate itoms, each being
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discussed and considered by the Board separatoly as fo11ow8s
ITEM l, REQUESTING A LAND USE ELEMENT AMENDMENT FROM ^GRICULTURE TO
RESIDENTIAL LOW DENSITY (0-2 UNITS PKR GROSS ACRE) FOR LAND LOCATED
NORTH OF U.S. 41 AND ALONG RIGGS ROAD.
Planner Richard Henderlong referred to the Executive Summary dated
2/2S/9l, inclusive of a memorandum from himself to the CCPA dated
1/26/91, and out1inod the subject properties being considered for a
land use element amendment for low intensity rural residential
development. He said that a request has been made by petition of moro
than 50\ of the adjoining property owners along Riggs Road and tha~;~'
concurrently, the property owners have petitioned to rt:zone their;·~.~}.:
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property from "A" Agriculture to ~E" Estates. Mr. Henderlong located
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the general area of the subject properties including the surrounding
land uses, zoning, etc., and he referred to an overhead map and pointed
out the land at issue to the Board.
Upon rccapping the information within the aforementioned
documentation, and in answer to Commissioner Brown, Mr. Henderlong
clarified the number of signatures on the petition requesting the
amendment as 14 of 23 property owners. He also outlined the various
sized parcels involved.
County Attorney Pickworth asked Mr. Henderlong what effects this
particular amendment of land use might have on future requests for the
same type of amendment for other agricultural land in the area, and Mr~
Henderlong said that it would not have any; all such requests will be
considered on their own merits. He aloo said that tho Comprehensive
Plan presently allows for continual agricultural use of tho land in the
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surrounding areas, therefore, thIs amendment would not affect that use.
When asked by Attorney pickworth if the subject land is, in his mind,
suitablo for residential us~, Mr. Henderlong replied affirmatively.
Commissionor pistor asked what prompted the request, and also how
the wE- zoning would affect those people who live in mobile homes in
the area. Mr. Henderlong said that mobile homes would still be
allowed, however, only as a non-conforming use, and that they could not
be replaced. He said that the reason that this request came about is
that some of the people wish to break their tracts of land up into 2-
1/2 acre lots. He outlined some of the restrictions that would come
with the transition to the -E" zoning including the limiting of the
numbcrs of horses per acre; that all raising of swine would be
prohibited; and that no more than 25 fowl per 2-1/2 acre would be
allowed. He said that those people that now farm the land could
continue to do so, and the swine that are presently being raised could
remain, however, the newborns would have to be sold and none of the
adult swine could be replaced.
In answer to Attorney pickworth, Mr. Henderlong explained that if
a perspn presently has an agriculture exemption from ad valorem taxes,
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and he.'continues to use his/her land for agriculturo purposes
exclusively, he/she would not lose that exemption; zoning is not
relevant to this kind of exemption.
In answer to Commissioner Wimer, Mr. Henderlong said that there
are somo parties that have objectod to this amcndmont, however, most of
these objections have been based on concern over the loss of the
freedom to continue farming and/or raising animals. He said that the
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concern soemod to lessen when h. .xplalned;th~ contlnuðl use procoss
referred to as -non-conformingW uses.
The (ollowing residents/property owners along Riggs Road spoke in
opposition to tho petition and they also indicated that many of the
poop1e that signed tho Bubject petition did so based on misinformation
and that many people have requested that their names be removed when it
was understood what would be forthcoming in the way of restrictions,
etc. Each of them also asked the ß,ard to leave the property alone, and
let it remain as it is to insure the continuation of the type of ~ur~~
life that they all enjoy on their proper~~.
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1. Mr. James Code
2. Mr. Jack C. Floyd
3. Ms. Lois Rimes
-1. Ms. Pat Inmon
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Mr. Alto Thompson spoke in favor of the amendment and indicated
that he initiated the signing of the petition because he wishes to
build a second house on his 5 acre tract; the present zoning will not
permit this, except for a guest house that can only be 40\ of the size
of the present home. He explained that he has an invalid son for whom
he wishes to build this second home, if the Zoning were changed to w£_
he could subdivide his land into two parcols and legally build the
second house.
Mr. Bert Tannenbaum said that he lives in Broward County and hopes
to retire on his 2-1/2 acres along Riggo Road, he favors progress, and.
is in favor of the amendment and subsequently requested rozoning.
Chairman Pistor asked Mr. Hender10ng if Mr. Tannenbaum only owns
2-1/2 acres, would he be allowed to build a home on it, and Mr.
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Uenderlong said that according to the present Land Use Plan he would be
required to have 5 acres on which to build ð house, a 2-1/2 acre tract
in this land use designation could be used for farming, the raising of
animals, etc. Mr. H~ndorlong said that there is a conflict between the
present Comprehensive Land Use Plan and the Zoning Ordinance. Mr.
Pickworth ~aid that this needs to be addrossed as soon possible, adding
that the County's intent when the Comprchensive Land Use Plan was
adopted was not to deny anyone thoir rights for the use of their
property. Chairman Pistor dirccted the Community Development
Administrator to undertake what steps are necessary to eliminate this
apparent conflict between the two documents.
Hearing that there were no other persons rcgistered to speak,
Commissioner Kruse mov~d, seconded by Commisgion~r Rrnwn ðnd carried
4/1, with Commissioner Wenzel absent, that the public hearing be
closed.
After a brief discussion, during which Commissioner Wimer stated
that it was apparent to him that the majority of the people along Riggs
Road do not wish to havc the am~ndment to the land use approved, and
after·tttorney Pickworth suggestod that the petition should either be
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approved or denied, and not deleted from consideration as Commissioner
Wime~ ~uggested, Commissioner Wimer moved that the petition, Item 1, be
denied. The motion was seconded by CommIssioner Brown and carried 4/0,
with Commissioner Wenzel absent.
It was suggested by Mr. Floyd that tho Board consider giving Mr.
Thompson ð variance of some kind so that he can build the house for his
son and, in that way, Mr. Thompson's neods could be met and there would
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not be any effect on the usø of the other land on Ri99a no~d. This WI.
dhcussod br-iotly, including which route would be best tor Mr. Thompson
to take - a rezoning request or a variancQ request. County Attorney
Pickworth said that there are "uniquQ hardships" which merit special
consideration, and that he would research the matter it the Board
wished. Chairman pistor referred Mr. Thompson to Mr. Virta, and
suggested that the staff work towards finding a means of accommodating
his particular problem.
************At this time, Item 2 of petitión CP-80-3C
was considered as follows:
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ITEM 2, REQUESTING;" COMPREIIENSIVE PLI\N LAND USE AMENDMENT FROM RESt:"
DENTII\L LOW TO MEDIUM DENSITY (0-4 UNITS PER GROSS I\CRE) TO RESIDENTIAL
MP.DIUM TO HIGH DENSITY (6.22-30 UNITS PEn GROSS ACRE) FOR VARIOUS
PROPERTIES LOC^TEO WITIIIN NEWM^RKET SUBDIVISION, ALONG JEFFERSON
AVENUE, NORTH OF 9TI{ STREE:T AND HE:NDRY STREET IN IMMOKALEE
Planner Henderlong referred to the Executive Summary dated 2/25/81
and a memorandum to the CCPA from the Planning Department dated
1/26/81, and outlined the subject properties being considered for a
land use element amendment in ordor to allow continuation of two-family
multiple residential dcvolopment in this area of Immokalee. He said
that developments within this density are required to provide all units
with urban support facilities and services, the adopted Immokaloe
Water/Sewer District area includes these properties within its service
area; and, that growth and development will result in the efficient and
economical extension of existing community support services and
fad 11 ties.
Upon recapping the information within the aforementioned documen-
tation, ,and in answer to Chairman Pistor, Mr. Henderlong said that the
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CCPA has agreed to the proposod incrense in density and that the rAPC
has concurred.
Thero was a briof discussion regarding Chairman Pistor'. concern
that the density category of 6.22 - 30 units may encourage buildérs to
build units with a density of 30 units per acre rather than limit them
to less units. Mr. Hender10ng explained that this limitation is based
on the zoning of property, and that tho formula allows for 6.22 units
per acre for single family homes and 13.2 units per acre if duplexes
arc constructed. Chairman Pistor said that h~ would like to see the
~ity limited to those figures, perhaps, in the form of a legally
binding document, he does not want to see a developer try to build 30
units on .an acre. Mr. Hender10ng explained that the proper time to
limit density in that manner is when a petition for rezoning comes
befor~ the Board. He aùded that the Planning Department intends to
study tho modification of the density categories and develop some kind
of intermediate level between the 6.22 units per acre and the 30 units
per acre. He said that there is no neeù for concern at this time
becauae tho current zoning providos a cap on tho density for the
subjec;t property.
'~"He'aring no further questions from the Board and that there were no
re9i~tered speakers who wished to address the subject item,
Commissioner Drown moved, seconded by Commissioner Wimer and carried
4/0, with Commissioner Wenzel absent, that the public hearing be
closed.
Commissioner Brown moved, secondod by Commissioner Wimer and
carried ~/O, with Commissioner Wenzel absent, that Item 2 of Petition
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MlIrch 10, 1981
CP-80-23C be approved, as recommonded by stáff.
······At this time the BOÐrd considered Item 3 of Petition ........
CP-80-23C as follows:
ITEM 3, nEQU~STING A CO~PREHENSIVE PLAN LAND USE AMENDMENT FROM RESI-
Dr.~TI^~ M~DUIM DP.NGITY (O-6.2~ UNITS PEn r.ROS~ ACRE) TO RE5IDEN'~
MEDIUM TO HIGH DENSITY (11.22-30 UNITS PER Gnoss ACRE) FOR PHOPEItTY
~OCATf.D WITHIN PA~M SPRINGS VI~LAGE SUBDIVISION AND A PORTION OF LAND
AT TH~ NORTHWEST CORNER CF STATE ROAD 84 AND STATE ROAD 951.
Planner Henderlong referred to tho Executive Summary dated 2/25/81
and a memorandum from tho Planning Department to the CCPA dated 1/26/81
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and related tho information therein. He said that this roqu~~t wtl~be
compatible with surrounding land uses and contain the nocessary support
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facilities and services associated with residential medium-high den~ity
land use. He said that the reason that this request is being made is
to provide a zone of trnnsition betweon the intensive commercial land
use to the south and the less intensive multi-fðmily medium density to
the north and west of the subjoct properties. He also said that on
December 18, 1980 the CAPC held a public hearing to consider rozoning
these proporties from "RM-2" to -RM-Iw, during which the CAPC decided
to recommend -RM-IBw zoning; in order for this recommendation to
proceod, the Comprchensive Plan must be amended so that there will not
be a conflict between the zoning and the land use density.
Hearing no objections, and that there wero no registered speakers
who wished to address this item, Commissioner Wimer moved, seconded by
Commissioner Kruse and carriod 4/0, with Commissioner Wenzel absent,
that the public hearing bo closed.
Commissioner Wimer moved, seconded hy Commissionor Kruse and
carried .4/1, with Commissioner Wenzel absent, that Item 3 of petition
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CP-80-23C be approved, as recommonded by staff, whereupon, the
Ordinance aD numbcrod and entitled below was adoptcd and entered into
Ordinance Book 112.
ORDINANCE NO. 81-12
~N ORDINANCE AMENDING ORDINANCE 79-32 THE
COMPREIIENSIVE PLAN FOR COLLIER COUNTY, FLORIDA
PY AMENDING THE LAND USE ELEMENT WORK STUDY
AREA MAP .2 FROM RESIDENTIAL ~EDIUM DENSITY
(0-6.22 UNITS PER GROSS ACRE) TO RESIDENTIAL
MEDIUM TO HIGH DENSITY (fi.22-30 UNITS PER
GROSS ACRE) FOR LA~DS LOCATED IN PALM SPRINGS
VILLAGE SUDDIVISION, UNIT 1, BLOCK 1, LOTS
1-6; BLOCK 2, LOTS 1-6, BLOCK 3, LOTS 1-6,
BLOCK 4, LOTS 1-6 AND A PORTION OF LANDS IN
SECTION 34, TOWNSHIP 49'SOUTII, RANCE 2fi, EAST:
BY AMENDINC THE LAND USE ELEMENT WORK STUDY
AREA MAP .5 FROM RESIDENTIAL LOW TO MEDIUM
DENSITY (0-4 UNITS PER GROSS ACRE) to
RESIDENTIAL MEDIUM TO HICH DENSITY (6.22-30
UNITS PER GROSS ACRE) FOR VAIHOtlS LANDS
LOCATED IN NEW ~ARKET SUBDIVISION AND LAND
LYING SOUTlI AND WEST OF JEFFERSON AVENUE AND
NORTH At:D WEST OF HENDRY ALL WITHIN IMMOK^LEE,
FLORIDA AND BY PROVIDING AN EFFECTIVE DATE.
ORDINANCE NO. 81-13 RE PETITION CP-80-21C, COLLIER COUNTY IIOUSING
AUTHORITY, REQUESTINC A COMPREHENSIVE PLAN L^ND USE ELEMENT A~ENDMENT
FROM AGRICULTURAL TO RESIDENTIAL MEDIUM DENSITY FOR PROPERTY LOCATED
1l0RTH OF STATE ROAD ~9, EAST OF IMMOKALEE APPROXIMATELY 1-1/2 MILE -
ADOPTED
L:ga1 notice having been published in the Immokalee Bulletin on
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Febru~ty 5, 1981 as evidenced by Affidavit of publication filed with
the ~lèrk, public hearing was opened to consider Petition CP-80-21C,
filed by Thomas Boardman, representing the Collier County Housing
Authority, requesting a Comprchensivo Plan land usa element amendment
from agricultural to residential medium density (U-6.22 Units Per Gro~s
Acre) for property located north of St~te Road 29, east of Immokalee
approximately 1-1/2 miloø.
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Planner Richard Henderlong referred to the Executlvo Summary dated
2/15/81 and a memorandum from the Planning Department to the CCPA dated
January 23, 1981 and recapped the Information therein. He said that
the petitioner is requestin9 the land use amendment to allow construc-
tion of Phase III to the Immoka1ee Farm Worker's Village for an addi-
tional 220 multi-family units. Mr. Henderlong said that the subject
property, represents approximat1ey 60 acres and that the FmHA has
committed 7.3 million dollars in loans and grants to complete con-
struction of these new facilities. He further stated that the peti~~
tioner will provid~the necessary services and facilities for thi".,1:,
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proposed project.
Hearing that there were no registered speakers who wished to
address the petition, CommissionAr Brown moved, seconded by Commis-
sioner Wimer and carried ~/O, with Commissioner Wenzel absent, that the
public hearing be closed.
Commissioner Brown moved, seconded by Commissioner Wimer and
carried 4/0, with Commissioner Wenzel absent, that the subject petition
be approved, and that the Ordinance as numbered and entitled below be
adopted and entered into Ordinance Book No. 12.
ORDINANCE NO. 01-13
AN ORDINANCE AMENDING ORDINANCE 79-32, THE
COMPREHEN5IVE PLAN FOR COLLIER COUNTY,
FLORIDA, BY AMENDING THE L^ND USE ELEMENT WORK
STUDY ^REA MAP '5 FROM AGRICULTURAL TO
RESIDENTIAL MEDIUM DENSITY (0-5.22 UNITS PER
GROSS ACRE). ON THE FOLLO'ÑING DESCRIBED
PROPERTY, ALL THAT PART OF THE NORTH 1/2 OF
THE SOUTHEAST 1/4, LYING NORTH AND EAST OF
S.R. 29, SECTION 11, TOWNSHIP 47 SOUTH, RANGE
29 E^ST, COLLIER COUNTY, FLORIDA, AND
PROVIDING AN EFFECTIVE DATE. .
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ORDINANCE NO. Bl-l~ nE PETITION R-OO-4I, COLLYER COUNTY HOUSING
AUTHORITY, REQUESTING REZONING FnOM "I-A-2" TO "I-MF-2· - ADOPTED
Legal notice having been publIshed in the Immokalee Bul10tin on
February 5, 1981 as evidenced by Affidavit of Publication fi'ed with
tho Clark, public hearing was opened to consider Potition R-BO-4I filed
by tho Collier County Houning Authority, requesting a rezone from
"I-A-2w to wI-MF-2" for proporty located in a portion of the North 1/2
of Southeast 1/4 lying North and East on S.R. 29, Section 11, Township
47S, Range E.
Zoning Director Jeffory Perry referred to the Executive Summary
dated 1/20/81 and explained that the subject petition is a companion to
petition Cp-aO-21-C, on which the Board has just acted favorably.
Hearing that there were no registered speakers who wished to
address the petition, Commissioner Brown moved, seconded by Commis-
sioner Wimer and carried 4/0, with Commissioner Wenzel absent, that the
public hearing be closed.
Commissioner Brown moved, seconded by Commisnioner Wimer and
carried 4/0, with Commissioner Wenzel absent, that Petition R-80-4I be
approv~d and that the Ordinance as numbered and entitled below be
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adopted and entered into Ordinanco Book Number 12.
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ORDINANCE NO. 81-14
^N ORDINANCE AMENDING OR.NCE NO. 74-14 TilE
IMMOKALEE AREA PL~NNING DtSTRICT ATLAS OF MAPS
BY CHANGING TilE ZONING CLASSIFICATION OF TilE
PROPERTY DESCRIBED HER~INBELOW FROM wI_A_~w TO
wI-MF-2w AND PROVIDING AN EFFECTIVE DATE:
·**************RECESS - TIME: 10:10 A.M. - 10r18 A.M..**..********..
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March 10, 1981
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·········Commisoioner Wimer joined the meoting at 10:20 A.M...........
PETITION V-aO-19-C, CAXAMBAS REALT~ INC. REQUESTING ^ VARIANCE TO THE
MINIMUM PARKING REQUIREMENTS FOR A~ROPOSED SHOPPItlG CENTER - CONTINUED
TO 3/211/81
Legal notice having been published in the Naples Daily News on
Febru~ry 22, 1981 as evidenced by Affidavit of publication filed with
the Clerk, public hearing was opened to consider petition V-aO-19-C,
filed by Caxambas Realty requesting a variance to the minimum parking
required for a proposed shopping center in,East Naples at the int~r-~
section of S.R. 951 and U.S. Ill.
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Zoning Director Jeffory Perry referred to the information wit~i~
tho Executive Summary dated 2/5/81 and said that the petitioner wishes
to calculate the shopping center based upon the requirements in effect
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a' the time of rczoning in September of 1979, rather than on the
requirements set forth within the amended Zoning Ordinance adopted in
July of 1980. Ho said that after tho petitionor acquired the rezoning,
he proceeded with plans to design a 556,000 square foo~ mall and that
the parking based upon the regulations In effect at that time would
require a minimum of 1,499 parking spaces. Mr. Perry explained that
according to the codes, the parking spaces required for the proposed
use results in a minimum of 3,294 spaces, this represents a 120\
increase for the subject project which will require an additional 15
acrp.s for parking and drainage facilities.
The resulting reduction in size of the proposed mall was
discussed, during which Mr. Perry explained that the petitioner has
determined that he will have to reduce the projeét to approximately
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338,000 sq. ft. and provide 2,068 spaces baned upon current codes and
that this will result in a 40\ reductio" of available retail space.
Mr. Perry said that the staff believes that the additional parking
space requirements could be ~dQquately met through the use of elevated
~
parking decks, and recommends denial of the petitioner's request.
Mr. K. Quaintance, President of Caxambas Realty, said that he had
the plans for the shopping mall designed two years ago to include
sufficient space for two complete department stores, a drug store, and
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grocery store; this would require approximately 530,000 sq. ftl at that
time the code required 1 parking space for every 400 sq. ft. and he is
requesting the Board to approve the use of these same requiromenta and
added that after checking with othor large Counties he feels that the
current figure is too high. Therefore, said Mr. Quaintance, he is not
changing his request to be allowed to use the formula of 1 space for
every 300 sq. ft. of rotail spnco on an overall basis. He further
stated that if the size requirements for the individual spaces were
reduced there could be an increase of 10\ in the number of parking
spaces that he could construct. He also requested that the Board
approv~ the formula of 1 parking space for every 125 sq. ft. for Phase
" ,
One of "the project which will include a grocery store and then, allow
:.
him to' use the overð11 formula mentioned earlier.
There was a lengthy discussion regarding the reasons that the
parking requirements were raised in Collier County, during which
Chairman Pistor outlined the many problems relevant to insufficient
parking relatod to facilities on Marco Island. Chairman pistor also
said that he feels it is important to make sure that there is adequate
Page 17
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parking, espocially considering tho size of the proposed mall.
Commissioner Wimer said that it ~oems to him that the developer of
a covered mall is being penalized for covering that area that is not
actually going to generate any retail business, the mall area is simply
a covered walkway, and he cannot see basin~ the formula for parking on
the square feet of that walkway. Mr. Quaintance said that if the Board
were to approve his amended request, he would then be able to come .,ut
wi th the same amount of parking spaces as he would if he followed the
present code, the difference being the application of variable formu~~s
for Phase One and the other phase for the remainðer of the project.d'
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In answer to Commissioner Pistor, Mr. Quaintanco said that he;) ,"
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would prefer not to use elevated parking for two reasons: 1) it would
not be aesthetically pleasing: and 2) it would create a traffic problem
at the entrance of such ~arking, especially since space is already a
problem.
In answer to Commissioner Wimer, Mr. Quaintance said that he is
planning to begin Phase One, including a grocery store and a department
store within one year. Commissioner Wimer said that he feels that
there is an obvious "gap" in the Ordinance and that hé would like to
see it changed, so as to differentiate between a Wmal1" and an open
retail center. He asked the pet.itioner if he could wait for that
revision before he went any further with the subject mall, and Mr.
Quaintance replied affirmatively. Mr. Virta stated that he understands
how Commissioner Wimer ~ight feel that this is a -gap-, however, it was
not done as an oversite, when the code was developed, it was thought
that a covered mall will generat~ additional traffic in that it l~nds
Page 18
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March 10, 1981
itself to art shows, displays, antique show, etc., and, although this
is not a retail operation, it would drc''f people that would have to park
their cars in addition to those who were at the mall lor retail
shopping. 110 said that the Ordintlnce shows a relationship as to the
square feet of a mall, based on the aforementioned premise. He ~aid
that this relationship is close to the national av&ra~e, even if it is
hi~her than Dade and Broward Counties; the latter two have public
transit systems that relieve the amount of automobiles on the road, and
thus the numbers of automobiles in parking lots.
The discussion continued and Commissioner Kruse asked the
petitioner to be more explicit as to why he did not want to use
elevated parking as do many large Dhopping mAlls in Dade County. Mr.
Quantance said that one reason is that the socio-economic makeup of
Dade County is different than Collier and he also mentioned the mass
transit available. Be then offered to raise the ratio from 1 for 300
sq. ft. to 1 for 250 sq. ft. and in answer to Commissioner Pistor, he
Insisted that he would still be able to come out with the same number
of pa~king spaces as the current code calls for in this manner.
Chairm~n pistor stated that he could no't comprehend how this is all
" .
going 'to ba1ëlnce out to the current code I s requi rements and be based on
difter~nt ratios, and he said that, perhaps, it would be best if the
public hearing was continued for a week and the staff could prepare the
figures for the Board to study in an effort to make this more clear.
The petitioner was Asked if he would agree to a continuation, and
he said that he would not be available next week, however, he had no
objections to a continuation to 3/'-4/Bl.
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Page 19
~OOK 060 fACE 25
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wanted the staff to
look into a
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Commissioner Wimer stated that he
method that offered more consideration for ð covered mall, and the
Commissfoner Kruse asked the petitioner if ~
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Chairman concurred.
is a factor in his not wanting to use elevated parking and he agreed,
adding that it is more practical in Dade County to use elevated parking
thaI¡ it is to purchase the high priced land for parking, this is not
the case in Collier County, however, aside from that, tho problem lies
in that there is not sufficient land available to increaso the parking
lot size and anything that would force the developer to decrease ~h~:
size of the buildings would create a financial problem because majo~;:
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stores want are~s that are large enough to offer full services and"
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complete lines of products in their rotail operations.
After a brief explðnðtion by County Man~9nr Norman of what it is
that the petitoner is actually requesting at this point and how that
differs from the codes as they are presently written, Chairman pistor
said that he still wishes to see all the figures before him before he
makes a decision.
Commissioner wimer moved, seconded by Commissioner Brown and
carried 4/0, with Commissioner Wenzel absent, that the public hearing
be continuod to 3/24/81.
PETITION V-~1-2-C, SCOTTY'S INC. REQUESTING VARIANCES FRO~ THE SIGN
CODE STANDAROS OF THE ZONING ORDIN^NCE- OE~IED
Legal notice having beon published in tho Naples Daily Nows on
February 22, 1981,.~s evidenced by Affidavit of Publication filed with
tho Clerk, public hearing was opened to consider poititon V-81-2-C,
filed by. Scotty's Inc., requesting the following variances to the sign
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code standards of the Zoning Ordinance in order to eroct "standardized
signsW at their proposed store at Airport Road and Davis Boulevards
1. A variance to the stroot frontago on Airport Road
to allow 140 ft. in lieu of tho 150 ft., to permit
a Scotty's 12 free standing sign.
2. A variance of 30 sq. ft. to allow 40 sq. ft. in
lieu o,,.thp. requi red 2 sq. ft. on Davis Boulevard
to perm!t an entrance sign.
3. ^ sothack variance of 15 ft. to allow zero feat in
lieu of requirod 15 ft. on Airport Road. Leading
edgo of sign would be parallel with property line.
4. A variance of 12.8 sq. ft. to allow 112.8 sq. ft.
for a Class B sign on Airport Road, to permit a
Scotty's 12 sign.
S. A variance of 273 sq. f.t. to allow 523 sq. ft. in
lieu of tho required 250 sq. ft. to permit a Class
H sign (wall) on ^irport Road.
6. A variance of 220 sq. ft. to allow a second wall
sign on Davis Boulevard of 470 sq. ft. for a Class
H sign.
Zoning Director Jeffory Perry referred to the Exocutive Summary
dated 2/5/81 and, after explaining each of the variances requested by
the petitioner, stnted that it is staff's recommendation that the Board
deny the subject petition.
Kr. Orlando S. Wright, Real Estato Planning Coordinator for
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Scotty"s Inc., referred to the amount of road frontage roquired by the
sign'code in order to erect a free-standing sign and stated that there
is an apparent discrepancy betweon these roquirements and those of the
land use regulations of the Zoning Ordinance, the sign code requires
150 ft. road frontage; the land use requirements in the Zoning
Ordinance regarding wGRC- zoned property has no such minimum road
frontage requirements.
Page 21
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Mr. Wright said thAt although he feel. th~ setback requirements
Are oxcessive, Scotty's Inc., will agree to meeting the 15 ft. setback
minimum if a free-standing sign is permitted. He asked the Board to
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consider that his firm has been cooperative with the staff's request to '
kecp a very lerge Cuban ~aurel tree on the property, in spite of the
fact that this tree will cover nearly 1/2 of the proposed building on
that side of tho property.
Chairman Pistor told Mr. Wright that Collier County has Wgone a
long w~yW in order to eliminate the proliferation of large signs a)o~g
the highways, and Mr. Wright said that he understood this, addin(}'~t~,ä.t
Scotty's will agree to keep th~~.·free-standing sign at least 150 ~t.
away from the Mobile Oil sign on the adjacent property. Referring to
the "GRC" zoning requirements, he said that he can not see why a
variance would be required as long as the signs are kept 150 ft. apart.
"
In answer to Chairman Pistor, Community Development Administrator Virta
said that it is true that there is a conflict and that staff is
presently trying to rectify this. He went on to explain that it is the
intent of the County to keep these large signs at least 150 ft. away
from one another, thus, the 150 ft. frontage requirement in the sign
code and, he added, he did not believe that Mr. Wright could promise to
keep his signs 150 ft. from Mobile Oil's sign because the subject
property has only 140 ft. road frontage. Mr. Wright asked if the
Mobile sign is found to be at least 10 ft. within the property line,
could the proposed free-standing sign be erected on the far property
line at the 140 ft. marker, and thus, maintain the 150 ft. requirement,
in order to meet the code? Mr. Virta replied ~egatively, adding. that
P"ge 22
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the code specifically requires the owncr to control at least 150 ft. of
road frontage property. Mr. Wright asked if an exclusive casement
leDGe for access of a 10 ft. strip of land would qualify under the
.contro1- aspects of the code if added to the original 140 ft. and
after a discussion regarding this possibility, Commissioner Wimer said
tbat the Legfl\l Department would have to make thi~ determination. Mr.
Wright said that he would be willing to wait for that legal review,
before the Board makes a determination on this particular variance and
Commissioner pistor concurred, adding that the subject variance would
be considered later in the public hearing upon a legal opinion being
offered from the County Attorney's Office.
Mr. Wright distributed photographs of the free-standing sign in
question, same having been accepted by the Deputy Clerk and marked as
Exhibit 11. He said that if it is determined that the 10 ft. easement
can be considcred as part of the required 150 ft. needed for a free-
standing sign along the road, Scotty's would be willing to meet the 100
sq. ft. limitation for such a sign, as outlined within the sign code.
Mr. wriqht distributed a photograph of the entrance sign that is
standard for Scotty's Inc. stores, same having been accepted by the
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Deputy'C1erk and marked Exhibit 12. He explained the need to have a
largè entrance sign along Davis Boulevard in order to attract business. ./
He said that the sign is 40 sq. ft. and Mr. Virta said that this is
much larger than that which is allowable under the sign code, same
being only 2 sq. ft.
Mr. wright referred to a largo photograph of tho wribbon sign-
that Scotty's stores have across the buildings, same not being offered
page 23
flOOK OSO aCE 29
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as an Exhibit due to tho size. commissloner Br~~n said that he aees
nothing wrong with this type of sign, and Mr. Virta said that the
petitioner is requesting a sign that is doubl~ the a~lowable sq. ft.
under the sign code and said that he is recommending that this not be
approved. Mr. Wright then asked for approval of cutting the amount of
Wribbon signsW in half, and installing one sign along one wall instead
of two. He said that he would at least liko to be able to install this
kind of sign along the Davis Boulevard side of the building.
Commissioner pistor noted the complicity related to the numbers o~' .'~;,
variances, and the various sizes of signs being requested for app~oy~l,
~ .
and Commissioner Brown suggested that the matter be workshopped with
the staff. Commissioner wimer stated that this has been and that the
staff is recommending denial of all of the variances.
Commissioner Wimer asked Mr. wright to understand the reasons for
the Board not wanting a proliferation of large signs in Collier County
and added that, historically, the BCC has denied this sort of variance
request. He said that he feels that all of the major businesses that
were initially disturbed by these denials have found that their
business is not affected and that they prosper in Dpite of the Dmaller
sized and numbers of signs than they originally anticipated. He
motioned that the public hearing be closed. The motion died for lack
of a second and the discussion continued.
Chairman pistor asked if the public hearing could be continued,
pending a legal determination re~arding the afoementioned easement, and
Mr. wright asked that he be allowed to furthor address the problems
related ,to the ribbon signs. Commissioner Wimer 'said that it would be
Page 24
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March lO, 1981
best for the petitioner to try to follow the letter of the law, said
that if a problem were to be forthcoming reg~rding the loss of buzinoss
~ue to inadequate numbers or sizes of signs, then, the Board would
consider a request for a variance.
~ssistant County Attorney Kerry McQuinn stated that she has
conferred briefly with tho County Attorney; it is their opinion that a
decision should not be made regarding the legality of the use of the
aforementioned easement, until such time as the documentation could be
thoroughly studied. Mr. wright asked for clarification as to whether
or not he could place a free-standing sign along Airport Road if it is
determined that Scotty's can consider the lO ft. easement as pa~t of
their road frontage, and Ms. McQuinn said that it all depends on
whether the records reflect that the easement is properly recorded and
is exclusive. She said that if this is found to be the case, the
petitioner could consider the casement as part of the property that is
controlled by the petitioner. Chairman pistor said that he believes
that if the 150 ft. road frontage requirement is met in this manner,
there,wi1l be no need for the matter of the free-standing sign to have
to com~ before the BCC, unless the petitioner finds a problem at some
..' .
latcr 'date, and Commissioner Wimer moved to close the public hearing.
,~
Commissioner Brown s~conded the motion which carried 4/0, with
Commissioner Wenzel absent.
Commissioner Wimer moved, seconded by Commissioner Brown and
carried 4/0, with Commissioner Wenzel absent, that the staff's
rccommendation bo acceptod and that petition V-81-2-C be denied..
Mr. Virta ~sked that the record reflect that Scotty's Inc. have
Page 25
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been most cooperative in agreeing to preserve the Cuban Laurel tree on
tho subject property and that this cooporðtion is appreciatod.
PUBLIC HEARING RE PETITION A-8l-2-C REOPENED: NO FURTHER ACTION T^KENJ
BCC AFFIRMATION OF ZONING DIRECTOR'S DECISION EARLIER THIS SESSION
~TANDS.
Upon noting that the petitioner, Mr. Jerry Strine, having been
absent during the public heAring this morning ro petition A-81-2-C, was
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present and wished to addreSs the Board and, having received
clad fication from the, County Attorney that same is proper procedure,
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Commissioner Wimer moved, soconded by Commissioner Brown and carriè¿"
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4/0, with Commissioner Wenzel absent, that the public hearing rð
petition A-BI-2-C be reopened.
Mr. Strine explained that he is le~sing property currently zoned
"GRCW and that upon receipt of verbal permission for the construction
of his sales office from the County, he proceeded to obtain permits,
fill the subject property, and have a driveway constructed. He said
that at this time he move~ the RV's (recreational vehicles), which he
intended to sell, onto the property and was subsequently cited for a
zoning violation. He said that he cannot understand why he is not
permitted to sell RV's on this site; it is located directly across from
a new car dealership which is also zoned "GRCw and, he considers his
business comparable to that new car dealership. Also, he has been told
that he must operate his business out of an industrial area and he does
not consider his to be ~n industrial undertaking, rather, he considers
it to be a commercial venture.
Zoning Director Jeffory Perry outlined the reasons explainod
Page 26
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oÐrlier in the session on which he made his determination adding that
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he believos th~t the RV's should be sold on "CIW zoned property. The
discussion continued, during which the petitioner stated that he
consulted the neighbors prior to his opening his business and has
received no objections nor were thero any objections being raised by
his neiqhbors during today's hearing. Commissioner Wimer asked if
there was a cloar differenco within tho zoning rogulÐtions between RV's
and mobile homes and Mr. rerry replied negatively. Commissioner Rruse
asked if, when the staff studies the new draft for the zoning
ordinance, there will be two classifications for such vehicles;
motorized and non-motorized? She said that this seems necessary in
order to differentißte between the many vehicles of this type. Mr.
Virta said that he believes that RV sales are not compatible with "CRCW
zoned lands. lie also said that they arc allowed to be sold through a
new car dealership, however, these kinds of sales would not be
considered a primßry functi~n of a new car dealership as would be the
case with Mr. Strine's business.
Commissioner Wimer said that he could foresee a problem if the
Board,~ere to determine that the sale of RV's is compatible to the
wGRC"' district, it would open up all WCRC" lands for wopen lot salesw.
He ~sked about the possibility of Mr. Strin~ requesting a rezoning for
this property. This w~s discussed briefly, during which Chairman
pistor said that he helieved that this would be considered wspot
zoningW and that he was against it. Ho said that he feels that the
Board should support the staff in this mattor.
The 20ning regulations were discussed briefly, as related to
Page 27
&DO« OSa,ACE 3S
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March 10, 19a1
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.automobilo, truck, .and mobile home 8ales. c9~i8sioner Wimer 8uggestad
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that staff connidor the removal of the new car dealerships from the
list of al10wablo uses in -GRCW districts in tho future and Mr. Virta
concurred that this would be a good way to clear up the problems
associatod with similar uces in the wGRC· distrIcts.
Commissioner Brown moved to reverse the affirmation of the Zoning
Diroctor's decision voted on this morning, the motion diod for lack of
a second'.
Commasioner Brown moved, seconded by Commissioner Wimer and
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carried unanimously, that the public hearing be closed and that the
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affirmation unanimously voted on this morning stand.
carried 4/0, with Commission~r Wenzel absent.
The motion
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CHAIRMAN AUTHORIZED TO EXECUTE ADDENDU~ NO.2 TO THE WASTE M~NAGEMENT
INC. SOLID WASTE FR~NCI\ISE AGREEMENT
Public Works Administrator Clifford Barksdale oxplained that as
part of the March 3, 1981 approval of a now rate and service scheðule
for Waste Manngement, Inc., the Board instructed staff to bring back
the final agreement on March lO.
He Baid that Addondum No.2 to tho Solid Waste Franchise Agroement
with the subject firm reflects tho changes previously agreed to and
that Attachment "AW thereof indicates the new service schedulo and
rates to become effective April l, 1981. He further stated that it is
his recommendation that the Board authorize tho Chairman to execute thé
subject document.
Thoro was ð brier discussion regarding tho roasoning behindcttem
14 of the Attachment wAw and, in response to Commissioner Pistor, Mr.
paqe 28
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March 10, 1981
Barksdale explained that the schedule. fer the route. may vary
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time being, however, he felt sure that they woulð become regular In a~:
,short time. He said that the reason that user. ero'requested to pu~
trash out so early in the morning Is because thore may be some
rescheduling due to holidays, etc., anð the subject firm wishes to
negate the possiblitiy of users calling and rogistering complaints
about being missed simply because they did not have their trash out
when the truck came around.
Commissioner Wimer moved, seconded by Commissioner Kruse and
carried 4/0, with Commissioner Wenzel absent, that the Chairman be
authorized to exocuto Addendum N~. 2 to the Waste Management, Inc.
Solid Waste Franchiso Agreement.
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BOARD APPROVES FY. I\O-Bl SIDEWALK/BtKEPATtI C",PITl\L tMPnOVE"tEHT
PTh)GRAM "'}olD AUTHORIZES STAFF TO ADVEnTISE FOR DIDS Re S"'M&
Public Works Administrator Clifford Barksdale explained that the
Board of County Commissioners approved the Capital Improvement Program
for Fiscal Years 1~79-80 through 1984-85 which established bike-
path/sidewalk priorities, estimated costs, and appropriated $205,000
for same. lie added that the major consideration in establishment of
these priorities was those projects which served schools, and that
priorities 1 through GC were completed for a total expenditure of
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$lfl2,SOO during FY 1979-80.
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Mr. Barksdale said that additional fund$~Were included in th~~~Ÿ"
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1980-81 Capital Improvement Fund for a total of $775,000, and he added
that ho has received additional requests and petitions for bikepaths
along other roads. Mr. Barksdale said that taking these additional
requests and petitons into consideration the staff has prepared a
revised recommended priority list for the bikepath program. Ho
referred to the priority list withln the Executive Summary dated
2/27/81 which, he pointed out, incl~~es all of staff's recommended
revisions and additions to the program.
Mr. Barksdale said that the staff's current estimate for the
entire recommended program is approximately $l,OB2,OOO and that, since
this exceeds the authorized amount of $775,000, it is recommended that
the County proceed to receive bids for the entire program and then
delete the sidewalks, based upon the established priorities, as neces-
sary to remain within the authorized funds. Mr~ Barksdale said that
after bid proposals are received, a recommendation for award will be
page 30
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March 10, 1981
presented to the Board for approval prior to the start of construction.
Commissioner Brown asked that the record reflect that Immoka1ee Is
not going to have any bikepaths constructed in the proposed program,
and that this is due to the ongoing installation of'sewage facl1íties,
linos, etc. in that portion of the County.
County Manager Norman pointed out to the more than 100 interesterl
citizens present from the Radio Road area that their project is
prioritized within the limitations inclusive of those projects that are
expected to be completed before the S77S,000 al10ttad is exhausted.
Mr. George M. Casady, President of Naples Mobile Estates Home-
owner's Association, spoke in favor of constructing the Radio Road
projects as soon as possible. He referred to the safety of nearly 1000
m~bi1e home ~llers, and 5~id that because of the high cost of con-
struction, the people are here today to request assurance that this
area will be covercd undcr the allotted $775,000.
Commissioner pistor explained that the first priority to the
County is the school children and, that although he understands the
conccrn of the Radio Road residents, he docs not think that priority
will ~hange. He did acknowledgo the presence of the interested citi-
zens'and said that he believes that after completion of the priorities
aheið of Radio Road there will be a cushion of approximately $200,000;
this should enable that area to be served.
Commissioner wimer moved, seconded by Commissioner Kruse and
carried ~/O, with Commissioncr Wenzel absent, that the Board approve
the FY 80-81 Sidewalk/Bikepath Capital Improvement program, including
tho priority 1is~ therein, and that the stnff be authorized to adver-
tise for bids re same.
PðgO 31
~OOK 060 1'Ml æ
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31
20-YE^R CAßLE T.V. FR^NCtlISE AGREEMENT RE IM~OK^LEE AREA WITII SANDI \,
CAOLEVISION, INC. - APPROVED FOR EXECUTIO~, SUBJECT TO CONDITIONS
OUTLINED BY LEGAL DEPARTMENT
County Manager Norman stated that he is recommending that the
Board approve a franchise agreement with Sandia Cablevlsion, Inc., for
cable television services to tho Immokalee area. He referred to the
Executive Summary, dated 3/5/8l, and reviewed the events that have led
to the proposed agreement with Sandia Cab1evision, the most recent fIrm
with which the County has dealt with in regards to supplying cable
television to Immoka1ee. He said that the'subject firm has provided~
the County with a proposed franchise agree~ent which is similar t~~that
originally granted to U1traCom. He said that the Assistant County,
Attorney has drafted, in response, a franchise agreement similar to
those granted to the other cable systems in the County in an attempt to
insure quality television service to the Immokalee residents.
Mr. Norman said that there are two items of public benifit which
are particularly worthy of mention and that are uniquo to this
franchise agreement: 1) the franchisee has agreed to pay his annual 3\
fee 8-1/2 months in advance to serve as a type of securitYI and 2) the
franchisee has agreed to provide, as a public service, free service to
"any high school, sheriff's sub-station or station, firehouse and
health clinic within the franchise areaw. He added that they have
further agreed to provide free telecasting of meetings of civic and
community interest, etc.,
Mr. Norman said that Sandia, Inc, has been most cooperative in the
development of the now franchise agreement, in spite of the fact that
they orfginally felt thðt they should be afforded the opportunity to
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March 10, 1981
take over the old franchise renewal.
Mr. Peter P. Murnaghan, representing the Chase ManhattÐn Bank of
I
New York, and A. Grestl, Connecticut Federal Bankruptcy Trustee, was
present to address any quéstions that the Board might have. He stated
that Sandia, Inc. is, i~ no way, connected with any of the past
franchise hol~ers. He stated that there aro now approximately 860
people that will be served by the subject system in Immokalee; approx-
imately 1,500-2,000 customers are expected to be served within 6
months.
Commissioner Brown said that the people of Immoka1ee are very
happy to be able to get cablevision service, and he apologized for the
inconvenienccs that the subject firm have encountered due to the
numbers of times that the cablevision lines have been cut because of
the installation of sewer lines in Immoka1ee. He requested that
Sandia, Inc. meet with the County Engineer and discuss this matter.
Mr. Jerry Archer, representing Sandia, Inc., stated that the
subject firm has decided to forego the installation of underground
lines and is presently in ne~otiation with the power and telephono
compa~ies regarding the use of their poles to install aerial lineß.
'~ammissioner Brown move~, seconded by Commissioner Wimer and
carried 4/0, with Commissioner Wenzel absent, that the Chairman be
authorized to execute the cab1evision franchise agreement with Sandia
Cablevision, Inc. upon receipt of notification that the Order of the
Court staying the Administrative proceedings has been lifted, and, the
transfer of the assets from the Trustees in Dankruptcy to Sandia
Cab1evlnlon, Inc. has been effected, tiS recommended by Assistant County
Attorney pires, who stated that this should occur next Monday.
pag. 33
MOlt 080 fAct U
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PAY GRADP. 23 AND OVtRTIME CODE wDw APPROVED FOR THE EMS DEPhRTMENT'
DIRECTOR
~ {~ j, '~,
Commissioner WimAr moved, seconded by Commissioner Brown and
cDrried 4/1, with Commissioner Wonzel absent, thÐt the position .of
Emergency Medical Scrvices Director be classified as a Pay Grade 23,
with an overtime code classification of wDw, as recommended by staff.
RESOLUTIONS 81-58 THROUCH 81-68 RE ABATEMENT OF PUBLIC NUISANCES
ADOPTED
Commissioner Wimer moved, seconded by Comminsioner Brown and
carried 3/1, with Commissioner Kruse opposed and Commissionor Wenzel
absent, that the following Resolutions to recover funds expended by the
County to abate public nuisances as indicated be adopted:
a. Resolution 8l-S8 rc fl. Andrews & Jean W. Hays
b. Resolution Bl-59 re William R. Beacon, Trustee
c. Resolution 81-60 re Jesse & Katherine Blanton
d. Resolution 81-61 re Lennart Gi11mo
e. Resolution 81-62 re William Korver
.f. RC301ution 81-~3 re J. Wilfrid Cross
'9. Resolution 81-64 re Milan & Wanda Kocinec
...11 .
h. Resolution Bl-~5 re Julia A. Liobiy and Adele M. Nicony
:~ .
1. Resolution 81-66 re Or. Leck K. Zielinski
j. Resolution 131-67 rc lIenddck N. & Ruth A. Sl1phorst
k. Rcsolution 81-68 rQ Cornee1 Hermans
Page 34
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1"o'lO ^,"BUL7\NCE STATION LOC,h.TIONS RE 'I\ST NAPLES AND NORTH NAPLES -
APPROVED AS PRESENTED BY PUBLIC SAFETY AOMINtSTR7\TOR
Public Saf~ty I\dministrator Thomas Hafner explaineð that pursuant
to Board direction, he has prepared a status report and recommendation
regarding the ambulance stations for North Naples and East Naples.
Referring to the Executive Summary, dated 3/9/81, Mr. Hafner
rccapped the contents thereof, including the fact that although the use
of a trailer was considered, Mr. Greenfield, the EMS Director, and
Commissioner wimer have agreed that they would prefor not to use a
trailer in the North Naples area. "e said that he has made arrange-
~ments to lease a 216 sq. ft. storefront in Naples Park plaza at $150
per month plus $60 per month for electricity; this will house the
ambulance crew and will be used as an ambulance station. He said that
the costs for furnishing carpet, beds and a desk represent a one time
expenditure of $480. He said that there will also be an expenditure
for linens, bedspreads, etc. of $200 and this will cover the cost of
supplying both the North Naples and the East Naples stations.
Mr. Hafner said that it is his recommendation that the East Naples
ambulånce station be combined with an administrative office and that he
has:ma~e arrangements to lcaso an 850 sq. ft. room located on the
corn~r of Linwood Avenue and Airport Road. He said that the rent will
be $550 per month plus $150 per month for utilities and the cost of
furnishing carpet, two desks, a filc cabinet and a chair will be $500.
, .
He added that there will be a need to partition this room and that this
will cost $1,436.00.
In answer to Commissioner pistor, Mr. Hafner said that on a first
year invostment basis, tho proposal being rocommended today will cost
rage 35
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approximatoly $1,200 more than that which was considored during last
week's meeting, tho second and third yanr's increaso will be much
hi~her. Tho discussion continued and the amounts of rent that the
ambulance service will pay for space in the various fire stations was
explained by Mr. H~fner" as well as the fact that the North Naplos fire
station is not lar~e enough.'to accommodate the ambulance crews and
would have to have additional space provided; and, that there has been
no mention of rent for space at the East Naples Station, thus far.
Commissioner Kruse asked what expense~ would be required to .~
install the 911 emergency lines in the two proposed stations, andf,Mf~'
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.'
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Hafner said that this has been figured as one of the expenses within
the Ambulance Service's overall budget1 this is not p~rt of the subject
proposal's costs. Commissioner Kruse said that she still can see no
need to expend funds for locations a~ound the County when the area fire
stations already have the 911 emergency system installed, as well as
radios, etc. Mr. Hafner said that while they do have the 91l lines,
~,
tho ambulance services will have to provide their own phone lines, etc.
Commissioner Kruse said that she favors using space in the fire sta-
tions over the subject proposal, and that she feels that all the true
costs are not being considered.
After a brir.f discussion of what is budgeted as an expense of the
transition of the ambulance service to the County, as explained by Mr.
Hafner, Commissioner wimer moved to adopt the staff recommendations as
outlined within tho Executive Summary. He went on to clarify his
position reCJarding tho County Ambulance Service, and said that he
intends ,to support the County staff in any way he can, that he intends
to see that the County provides all the necessary equipment for
rage 36
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March 10, 1981
maintaining proper operations of tho ambulance service, and that the
County will provide all the required necessities for the EMT's and the
ParAmedics service. Commissioner Drown seconded the motion.
Commissioner Kruse noted th~t she sees no indication of expending
funds to provide refrigeration or cooking facilities for the ambulance
personnel ",ithin the Executive Summary, and Mr. lIafner said that there
is not enough room to build kitchen facilities; however, he added that
the County could provide a micro-wave oven. He said that he estimates
that it would cost approximately $1,000 for these ovens, and perhaps
another $200 for refrigeration facilities.
Mrs. Joan lIamilton, President of East Naples civic Association,
referred to a letter that she has written to the Board, and said that
same letter expressed opposition to the subject proposal, and added
that she is not satisfied that all of the costs associated with the
subject proposal have been considered. She said that because ambulance
personnel will be on duty for periods of 24 hours, they should be given
adequate sleeping, cooking, and bathing facilities. She said that she
feels ,the proposal is for rooms that are not adequate in size, nor
would ~hoy offcr any arp.~s in which the porsonne1 can lounge in between
..' ,
runs. "She said that in the past she has seen ambulance personnel using
,~
ambulances to get to and from restaurants continually, and that if
these facilities were provided, as they arc in firehouses, the ambu-
lances would not havo to bo used for porsonal transportation. She
appealed to Mr. Hafner to rcveal the total costs, in ordor that the
Board might then compare them to those that would be entailed if these
ambulance stations were combin~d with area fire stations, before voting
on the subject proposal.
Page 37
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March 10, l!JOl
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There was a lengthy discussion of the various costs, during which
Mr. Hafner again cxplained that only the costs that are above those
already figured in the Ambulance Service budgct are bebl<} considered in
his proposal today. He urged the Board to take action today, stating
.
that time is essential; the FCC requires licensing for the stations and
(~
that requires addresses. Commissioner Kruse expressed her negative
foelings.regarding th~ proposed sites·for ambulance stations, stating
that they are not much bigger than a cell,~the fire stations already
."
have 911 and radios; and that there arc no. plans for adequate kitcheQ,
~ . "
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if Mr.
Commissioner WimQr~sðid ~ha~'
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Hafner finds inequities' in tnc proposal he will come b<lck tô the
" '
or bathing facilities being considered.
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Board.
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Upon call for the
question, the motion'carried 3/1, with Commis-
()
oppositi~n' Ð~~ C~mmiss-ione~ 'Wenz~l a'bse~·t.
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sioncr Kru~c voting in
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Mr. ~ike Zewalk,
, ~
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given permission to
.
There was further discussion, during which
. &1'1"
representing North Naples Civic Associatiort was
speak.
..
*******Commissioner Drown left the meetin~ ~Time: l2:0~ P.M.****····
.......Commissioner Wimer left the meeting - Time: 12:05 P.M.···*·····
Mr. Zewalk insisted that the Doard consider the use of, a trailer,
at least temporarily, because it would offer all the facilites Commis-
~~
sioner Kruse spoke about. Commissioner pistor noted that he understood
that the people of North Naples disapproved of the use of a trailer in
a residential area. Mr. Zewalk then stated that all he wants the Board
to do is to put the ambulance personnel in something that is livable
the subject proposal's facilities are far too amall.
Upon noting that thero was an absonce of a quorum, commissioner
Page 38
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March 10, 1981
pistor recessed the meeting for lunch.
*******RECESS _ TIME: 12:10 P.M. to 1:30 P.M. AT WnICH *********
TIME DEPUTY CLERK DAVIDSON WAS REPLACED BY DEPUTY
CLERK ßRF.NNEM7\N. ',{j
RE!;OLUTION 01-69 ESTABLISHING 3S MPH SPEED ZONE ON PINE "IooE R01\D
(C.R.B96) BETWEEN TAMI1\MI TRAIL (U.S.41) !.ND A POINT 1800' EAST OF 0
FRANK BOULEVArlD (C.R.RS1) - ADOPTED (,.
pursuant to recommendation of the Engineering Department, as set
forth in the Executivc Summary pertaining to the mattcr which was
,,. .. 5
reviewed briefly by Public Works Administrator/Engineer Barksdale,
Commission~r Wimer moved, seconded by Commissioner Kruse~nd c~rried
.
4/0 with Commissioner Wenzel not pres~nt, that Resolution 8l-69,
, .
establishing a maximum speed limit of 35 )'IPH on pine Ridge Road~
: f>.J 'V
(C.R.89G) between Tamiami Trail (U.S.4l) and a point eighteen hundred
. (' ~u 0
feet east of Frank Boulcvard (C.R.8Sl); bc adòpted.
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:B~01C 060 ~ 72-
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~; LEASE AGREEMENT WITH LUFT, INC. FOR PROPERTY AT IM~OK~LEE AIRPORT -
APPROVED FOR CHAIRMAN'S SIGNhTURE
Public Works Admini9trator/En~ineer Barksdale explained briefly
tho terms of tho Lease Agreemont with Luft, Inc. for property at the
Immoka1ee Airport which is being presented and recommended for Board
approval. He said that the Lessee is desirous of conducting an
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aircraft fixed base operation, that the subject Lease will be for a
~ i,)
term of twenty years commencing on the date of exccution by the Board,
.,
rcntal for the first five years as dctailed in the SummÐry. Mr. Barks-
!) 0 C .
dale noted that Mr. Ellis, the Lessee, was in attendance to respol'Î,~,io
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questions, if any, from the Board.
,',
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Commiss ioner Brown moved, seconde~", bŸ ëo~~iss"ion'er Wlme; rAnd {)
(, ':
carried 4/0 with Commissioner
Agreement with Luft, Inc. for
. "~'. ~. .(_:.... c) . ) ft 0 ..
Wenzel" not' present" that the Lease
. '~~;1:"1.C';o~,·~c ·.·fl.·.· ,',
p~opcrty0at the I~mokalee Ai,port, be
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approved for the Chairman's signature.
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March 10, 1901
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bO~ 060 Ii?Att 86
PRELIMINAoRY ACCEPTANCE OF MRK SHORE
TRUST DEED FOR LOT 5, BLOCK 12, PARK
YEAR 10\ MAINTENANCE SECURITY IN THE
UNIT NO. 5 - APPROVED; nELEAoSE or
snORE UNIT NO. 2 - APPROVED; ONE-
AMOUNT OF $80,2~0 ~ ACCEPTED
"
As re~mmondod hy ßt8ffé.i,~ tho EXQcutive Summary datl!d Febtµary
fla '?< 0::>
20, 1981, Commissioner Brow~mo~~~, seconded by Commissioner Kruse and
" ~j' t.' i)o , t~t'
carried 4/0 with Commission~r Wenzel not present,~that preliminary
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.). n r.. ' o f'.')
AccoptancQ of park Shore Unit No. 5 be apro~e4, thattthe roleane of
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Trust Deed for Lot 5, B1oc,k l2, 'Park'Shore unit No.2, prisently being
, 0 ." ~
the County, be authorized; ðnd', that the 10\ ône~yoar
. .. . . ~ ~ .)' ~.
Security (Certificate of Deposit N;. ,682826 from the Fir'st
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National Bank & Trust Company of Naples i~ the'amou~t of $80,240)~~e
0.
retained by
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Maintenance
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accepted.
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RESIGNATION OF DATA PROCESSING DIRECTOR - ACCEPTED; RECOMMENDATION FOR
SEVERl\NCE PAY - APPROVED, DATA PROQESSING PO~IC,{ 50MMIT'I'EE AUTIIORIZED
TO CONDUCT SEARCII FOR NEW DIRECTOR
o CJo 0
Chairman pistor eKplained that the Data processing Policy
..
Committee, consisting of the Constitution:l Officers, the Fiscal
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Officer Ðn~ the Board Chairman,· established for the purpose of
.
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following up on the ope¡ation of
... ".
the sub{fc! Dep~~:ment, received a
the.Oat^ pyoêessing Dirc~tor which
.
the
.
.
letter dated. March IO, 19{11' from
..
Chairman requested bê read by Commissi~ner Wimer.
. .
The lettlr, as road
" .
by the Commissioner, stated that,
..
f~r perso~al "reasons, i~, is the ..
to resign his position as Director
of
desire of the writer, Frcd Marks,
Data Proccssing; howcver, the letter continue~, he would be more than
happy to serve,as the Intcrim Dircctor until such time as a replacement
c£n be found.
.
Commissioner Wimer moved for the acccptance of the above-
~.
referenced rcsignation and, also, to accept Mr. Marks' offer to act as
the Acting Data Processing Dircctor during the scarch for a
replacement. Commissioner Wimer said that it is his understanding that
the Co~mittee would also like the Board to approve severance pay for
, ..
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Mr. Mayks ^~ the appropriate time.
..
~With Commissioner Wimer's concurrence, the motion was actnd upon
,I,
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in two phases with Chairman p,istor rcstating Commissioner Wimer's
0;
"
motion to accept thc rcsignation of Mr. Marks, and to accept his offer
to remain as Interim Manager until a new Dircctor has been appointed.
1",
The motion was seconded by Commissioner Drown and carriod 4/0 with
Commissioner Wenzel not prcsent. Noting that the amount of severance
pay would have to be detcrmined at a later date, Commissioner Wimer
Pago 42
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MOK 060 ~~ 89
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March 10, 1981
....,
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moved that, pursuant to the Policy 'Commi ttea' s recommendation, the idoa
of sovorÐnce pay be ðpprovcd for Mr. Marks, if tho new Dl rector is
I,
obtained within a vary short to! me . Commissioner Brown sect:oded the .
motion which carried 4/0 with Commissioner Wenzel not present.
. . ~
Purs11ant"to Chairman Pi~to~'s explanation dìi't the afor~montioned
" ' .).., ..... . 0·. 0. .. 0 . .
position i~ the Board',s' responsibility; C~mmis~ioner wimêr"mov;d,
" ., . . ') . . .
Gccondcd by Commissioner Brown and carried ~/O with Commlssione~ werl~el
.' 0 rl <0' . 0 .
"not present, that the Data proc~ssing Policy ~'ommittee be auth~rizêd to
..
begin the search for a new Director.
. .. ~ .' 'S .
EXPENDITURE OF UP TO $7,000 FOR PREP^R^TION OF DATA PROCESSING PR~R^M
FOR PREP^R^TION OF ASSESSMENT ROLL FOR EAST N^PLES SEWER SYSTEM - :. ,.
APPROVED, INCLUDING AUTHORIZATION TO PROCEED; "EXPENDITURE OF UP TO
$5,000 TO OBTAIN MAPS, ETC. FROM PROJECT'S CONSUL~¡NG ENGINEERS - ·
APPROVED -
Following a rcview of the Exccutive Summary pertaining to the
preparation of the Assessment Roll for Sewer Area wßw South Half (E~~t
Naples) by Utilitics Manager Berzon, Commissioner Wimer moved, aeconded
~y Commissi~ner Kruse and carried 4/0 with Commissioner Wenzel not
present,
that the Board take the following actions:
Authorize the expenditure,of up to $7,000° for
the preparation of the necessary programs to
permit the Utility Division to proceed with th~~
prep~r~tion of the Assessment Roll for the East
Naples Sewer System.
'"
. 1.
2.
Authorize the Utility Division to proceed with
the preparation of the Assessment Roll and to
charge the staff time and expenses to the East
Naples Sewer Project.
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3. ~ Áuthorize the expenditure of up to $5,000"for
obtaining maps and related information from the
Consul ting Engineers. <)" 0
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COUNTY ATTORN~Y pnOVIDES EXPLANATION FOR Dr.L~TION PnOM ~GENDA OF
PROPOSED RESOLUTIONS RE FINANCING OF COUNTY WATER-SEWER DISTRICT
. .
County Attorney Pickw~rt~ oxplðino~ that·w~en the groposcd
n . . " 0 ~. . . Cf,. '"'" ·
reso1ution~ pertaining to financing· for· t'he County Water-Sewer Drstrict
.0 eo 0 . . 0
~ere schoduled on t;e ag~nda fot thjs dat~, ii was.~i~h thc under- ð
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understanding that all of the information necessary for the Board to
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review and·make a 'deêision ~n woûld be available. As it turns out,
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said ^ttorn~y pickworth, the pc~tinont inform~tion was not forthcoming·
and, therefore, it was requested that the items be deleted.
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To continue, Attorney pickworth said that, some time ago, it was
fel~ that, due to the time schedule, therc would be an immediatc need
for thc intcrim funds; howcver, the enginecring work is not going as
quickly as was projected, and therc are funds through the impact fee
account to pay for the costs now being incuhred. He said that the
proposal for the Water Revenue Bond Anticipation Notes may be brought
back to the Board in two or three weeks, but, as yet, it is not
known whether the resolution authorizing the sale negotiation will be
brought back.
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R,esponding to Chairman ristor, 1\ttorr;¡ey pickworth said that the
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offi6i¿l sta€ement is being preparcd and will probably be a~ailable
towa~t the end of the current week whiçh will "put the County in a
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posiSion to sell the bonds in ð short period of time. Dif!erent
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alternatives arc being revi~wed, he continued, and the most inexpensive
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approach will be chosen. He said that o~e thc bond markct started to
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wdrop., it would not takc long to do everything neccs~ary to hold tho
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sale.
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March 10, 1981
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ROUTINE BILLS - APPROVED Fon PAy,.'EN'l'. \.'
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Commissioner Brown moved, seconded by Commissioner Wimer and
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carried 4/0 with Commissioner Wenzel not presont, th~t the bills,
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having beOn proccssed following established pro~dure with funds
,.. .. 0 .. e.. .. .0 .,.
ava ilable, be approved. for":pa'ýment' aft' wi tf\e·s:sed, by ·the following
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~SUOd from. Marc~. 1\ ,0'19/n ,t~'rô'~~t(t.\a~9h' ,lO:,~ 1,9~;~:" . .
cti ÈéK ·NOS.,·
checks
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^,CCÓÙÑT
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County'Checks
'>750 - 1)002
5979 -'61137
0.
BCC - CETA
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ßILL FOR EXPENSES INCURRED BY VARIOUS FIRE DEPARTMENTSo;DuRIr-fa A'DRUSW
FIRE IN GOLDEN G^TEESTATES 2/1/81 - APPROVED FOR PAYt.\ENT'IN TilE A~OUNT
OF Sr,70.21\
Fiscal Officer lIaro1d Hall explained that, amonCj ,the. b~ps
presented this datc, there is one requirinCj special approval.- nðmoly,
a bill in the amount of $670.24 representing expenses incurrAd by
various fire departments assisting in fighting a hrush fire which
occurred in Golden Gate Estates on February 1, 1981. He sðid that this
rcimhursement has not been done in tho past and is one which re-
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quir~s extreme caro because there are rcciprocal agreements with all
fire departments. He added that it is diffic~lt to know what to pay
o .
for and what not to pay for i~ such special situations I however\ tho
County Manager has reviewed the matter carefully anð has ascertained
C e, J ;) 0 0 b .
,that the exp~nses incurred represent services rendered by the fire
departments and are very much out of the ordinary.
He further stated
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that hills from tho suppliers have been sub~itted and~he CountY
Manager is recommending, that thoyO~bOO paid. 0
County M¿1J1ager Norman)"infoi~~d "the' B~ard·'th.ft·on~ itemoin the
~ 0 v <) . () . . r...J c,,· 0 ..' 0 o.
amount of $0.10, and anöthor in the amount of $50&+; ~nvolve a Deputy's
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pago 115
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Mar.¡:h 10, 1981
personal vehicle and Ðdditional Information is being roquested before
thoso are presented for app¡oval. The balance of the bills, said Mr.
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Norman, amount to $670.24, represont1n9 costs~or gasoline and
. '. . .
emergency vehicle ¡epairs~ He further éxplained that the fire was a
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major one which consumed thousands'of à~res and required more than 24
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hours of continuous activity by the firbfighters, adding. that it was
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1.ocatèð fn'lIn area ncft cover~d by ~ny 'f.irë "district.
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commissioner Wim,er ~ovcd ',> seéonded by' comm!ss~òner, Brown and
· carried 4/0 witry co~mi5~io~er Wenzel not pres~nt, that the special bill
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in the amount of $670,2~ be approved for payment.
It was pointed out by Mr. Hall that a Budget ~mendment may be
reqùired, following further review of the matter and, if so, an
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appropriate Amendment will be brought back.
BUDGET AMENDMENT 8l-34 FOR REIMBURSEMENT OF EXPENDITURES FOh "RM-2-
REZONING MATTER~ (COMMUNITY DeVELÒPMENT) - ADOPTED IN THE AMOUNT OF
$3,621
.
Following brief explanation by Fiscal Officer Hal}, Commissioner
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Brown ~oved, seconded by comm~ssioner ~imer and <carried 3/l with
Commissioner Kruse voting in'~pposition and Commissiono~ Wen~e1 not
presen~, that Budg~t Amendment No. 81-34, covering reimbursement of
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exp~~ditu(es by the Community Deveîopment~Department in the matter o!
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the~2" "RM-2" rezoning issues, be adopted 'in the amount of $3,621.
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BUDGET AMENDMENT Ol-35 TRANSFEßRING FUNDS·TO PROVIDE FOR CIT~EN
RECREATION~L SURVEY (P~RKS , RECREATION DEPARTMENT) - ADOPTED IN THE
AMOUNT OF $"50· . .. ·
_ ,'t.:',~
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commislioner B~own ~ovcd,osecondQd byøCommissioncr Wiger and
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carried 3/1 with ~mmissioncr Kruso voting in opposition and
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Commissioner Wenzel not present, that Budget Amendment No. 81-35,
e. ,~. .
trðnsferri~g funds to provide for the Citizen Recreational survey
(Parks & Recreation Department), be adopted in the amount of $450.
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March 10, 1981
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BUDGET AMENDMENT 01-36 TRAUSF~RRING FUNDS TO PROVIDE FOR HELICOPTER USE
EXPENDITURES (SHERIFF'S DEt'MTMENT) - r-DOPT!o IN THE AMOUNT OF $1ß,!.iQ.
<:0 a ·
Fiscal Officer Harold Hall eK~lðined that Budget r-mondment No.
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81-36 ropresentÐ a transfór of fu~ds·from Civil Defenso to the
. fit . ... ff . , ..-
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Sheriff's Expense Allocation Budget to more·ðccurately reflect
"t, , : .. Ii
expenditures for' helicoptcr usagå. He said that:. the"re aro no now
moni~s involved but, rather, a change in the manageme~t of the subject
fu'nds.
Commissioner Kruse moved, scconded by Commissioner Brown and
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carried 4/0 with Commissionor wenzel not present, that Budget Amendmont
81-36, as detailed above, be adopted in the amount of $10,840.
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March 10, 19B1
CLERK REAGT\N COMMENT!; ON 3/11/Bl LETTEn FnOM nOME Rllt.~ CltT\RTEn
CO"lMISSIOt' CIIT\IRMAN TO F1SCAL OFFICEI' RE PAYr~ENT OF EXPENNTunEf;
INCURRED FOR ADVERTISING PUBLIC ~EETINGg
Clerk william Reagan,commented that ho does not normally use Board
:)
time
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forum for letters receive~ in the <C1~rk's o'tfice, howover,
as a
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since the 1ettcr dated March 6, 1901 from"Lyle S. Richardson, Chairman
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of the Home Rule Charter Commission, involves thé expenditure of public
fun~s, he was bringing it to the Board's attention. Although he did
not go into detail with rcgnrd to the correspondence, Mr. Reagan said
that it involves some problem pertaining to the notice of public
meetings placed in different newsp~pers.
Mr. Reagan said that he has had a brief conversation with Chairman
pistor and with the County Attorney concerning the matter but that it
was not reviewed or disapproved for any payment process. From the
letter, continued Mr. Reagan, it appeared that perhaps something would
be done to stop the payments for the advertising, as aired in a
newspaper article in the Miami Herald. For the Board's benefit, and
the benefit of the members of the Charter Commission, said Mr. Reagan,
, .
such bills will continue to be processed in a normal manner and, if a
prob1e~ is detected, the County ~ttorney will be the first to know and
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the B~~rd will be so a~prised in a public meeting. How th, item got
into thq newspaper, said Mr. Reagan, is not known; however, without
divulging hls source, the newspaper reporte't has assured him (Mr.
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Reagan) that it did not come from a membor of his st;ff.
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BRIEF DISCUSSION RE APPOINTMENTS'TO VARIOUS ADVISORY BOARDS
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Chairman pistor commented on fho deferral of Bonrd ~ctiqr with
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regard to the appointments and/or reappointmentsoto the Parks and
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Recreation Advisory Board and to tho.Coastgl Area Planning Commission
, MOX 060 fAte 99
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March 10, 1981
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for one month, originally sched~l~ð on the~Ðgenda this date.
Administrative Aide to the Board Grace Spaulding pointed out that it
was the viewpoint of Commissioner Wimer that, perhaps, there was
insufficient public exposure provided when vacancies occur.
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County Attorney pickworth was reassured that, the author-
ization given him by the Board the previous week, with regard to the
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appointments of memhcrs to the Housing Finance Authority, was not
'J' -.
Involved. ' Commissioner Wimer pointed out that appointments to such
entities are a specialized Wtype of thingw. lIowever, said the
<)
Commissioner, there have been comments made that the public has not
to: .
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qeen made aware of vacancies on the other advisory boards and it is his
desire that there be sufficient publicity so that interested people
will know that the County is looking for persons to serve on the
various boards.
RESOLUTION 8l-70 URGING TilE GOVERNOR TO APPOINT ADDITIONAL IIIGItWAY
P^TROLM~N TO SERVE TH~ COUNTY
Commissioner Brown requested that the Board consider and perhaps
take action to pass a resolution urging the Governor of the Stato to
appoint ton Highway Patrolmen, in addition to those presently serving
the County areas, to assist in dealing with reckless driving and, also,
help curtail the, spread of drugs which seem to filter through from the
swamplands to the northern markét.
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There being no objection, Commissioner Brown moved, seconded by
o
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Commissioner Wimer and carried 4/0 ~ith Commlsslon~r We^zel absent,
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that Reso1u~ion 81-70, rcquesting an add~tional ten Highway patro\pen,
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be adopted and forwarded to the Governor as soon as" possible.
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March 10, 1981
REQU~ST FOR BOARD ~CTIO~ TO RELIEVE PROBLEMS OF FAnMWORKERS OF COLLIER
COUNTY - REFERnED TO SOCIAL r.ERVICES DtnF.CTOn
Commissioner Brown noted the receipt of A lotter dated March 5,
1981 from Concerned Citizens of Collier County formally requesting the
Board of County Commissioners to take steps fb relieve the problems of
the farmworkers in Collier County resulting from the January freeze.
The letter, as read by ,the COTmisiionei, also included a request for
tho Board to. meet ,with théir Board of Trustees for a discussion
and~possib1e remedies:
The rcquest was discussed wit~ Chairman pistor pointing out t~~~·
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the County's Contingency Fund was Wcut loww this year ~ith six mo~~~s
remaining in the budget year for operational expenses without any
knowledge of how much money will be required. It was Commissioner
Wimer's suggestion that the Dircctor of Social Services be requested to
mect with the conccrned persons to determine if they can be of
assistance, noting that there may be other resources which can be
called upon. Chairman pistor apprised the Board that he would responð
to the letter in question to the effect that the matter was being
turned over to Social Services Director. transmitting a copy to Ms.
Skinner.
.
CO~PL~INT REGARDING
ZONING DIRECTOR FOR
BEGINNING M~nCH 17,
. .
HEALTII HMARD IN ROSEMARY L1\NE AREA - .REFERRED TO
ACTION~ PERIODIC STATUS REPORTS TO BE MADE TO BCC
19 8 l' " . 0" .. ""
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Commissioner Wimer read a petition signed by resiðents of Rosemary
." 0 0
Lane stating that they would like to hav; the. un,s"ightly health hazard
a () ~1 0 0 0
existing there removed and.the area cleaned up. .Zoning Director Perry
.. 0
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informed the Board that tfÙf staff is"awaro of the 'þroblem that the ..
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petition addressed and the the Zoning and Building Departments have
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March 10, 1981
joined forces with the Health Department in having the building and
trailer condemnod. Apparently, said ~r. Perry, thoro Is a boundary
problem with the property line running through tho middle of the lot
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and steps are being taken 'to notify the properoewnor with rogard to tho
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approach the staff will. be taking. He said that the prðcedure takes
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time but that lhe staff will proceed as rapidly as possible.
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4.t Commissîoner Wimer lIsk"ed, with the permission of the Board, that
Mr~ Perry make the projèct a personal one and to report back to the
Board on the status of the project each and every week until it is
resolved - commencing March 17, 1981.
CONCEPT OF CONSOLIDATED DISTRICT PLAN OF SOUTHWEST FLORIDA MENTAL
HEALTH BOARD, INC. FOA FY 1981-82 - APPROVED; RESOLUTIO~ REQUESTING
REQUESTING ASSISTANCE FROM TIIP. GOVERNOR FOR CREATION OF RESIDENTIAL
SERVICE TREAT~ENT FACILITY TO SERVE IMMOXALEE AND OTHER AREAS OF TilE
COUNTY TO BE DRAFTf.D
Mr. Ronald Meserve, Director of the Collier County Mental Health
Clinic, Inc., approached the Board for the purpose of gaining approval, ,
in concept, of the Consolidated District Plan for FY 1981-82, as
prepared by the Southwest Florida Mental Health Board, Inc. The Plan,
said M~. Meserve, is a "broad-brush" approach to the id~ntificlltion of
. .
some of~the major mental healt~ matters in the County and pointed out
..' .
that thire is no request for funding ~o~for a commitment being made.
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Mr; Meserve said that there lire
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three major priorities invo1vod -
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1) The need for residential treatment servi.ceso for alcoholism in
.
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Immoka1ee; 2) Expanded servicos to children; and, 3) Inpatient
'"
psychiatric unit at Naples Community Hospital.
Q .
He go~nted out the lack
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of facilities existing in tho community and e~ghasf2od·the need,
particularly, for the facility in Immokaloe to alleviate the problems
which exist there. Mr. Meserve noted that the center is only one of
800K 060 PACE100
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060 PACE 104-
the proposal, outlined briefly In the document which was distributed for
review by tho Board and for which conceptual approval is being
requested.
Mr. Bud Corbin spoke to the Board to recount his experiences and
o
to urgo the Board to consider favorably the plan for a detoxification
center in the County and to state thai there is a de;perate need for a
dormitory facility for extended tre^tment for alcoholism.
Commissioner Wimer moved, seconded by Commissioner Brown and
carried 4/0 with Commiasioner Wcnzel not present, that the Board o~, ,
~. '
County Commissioners of Collier County approve the general concep~.of,
. ". ~.
the Southwest Florida Mental Health Board, Inc. Consolidated Distr1ct
plan for FY 1981-82.
Commissioner Brown moved, seconded by Commissioner Wimer and
carried 4/0 with Commissioner Wenzel not present, that a resolution be
formulated to be sent to the Govcrnor requesting assistance in
preparing and creating a residential service treatment facility to help
with the problems of the inebriðtes in Immoka1ee and other parts of the
County.
LEASE ^GREEMENT FOR ^MßUL^~Cr. BE^D~U^RTERS FACILITY ON AIRPORT ROAD -
APPR~Vr.O FOR CII^IRM^N'S SIGNATURE rp.NDtNG REVIEW AND APPROV^L BY RTAFf
County ^ttorney pickworth informed the Board thðt during the lunch
recess he receivcd ð copy of the tease ^C)reement for'the rcntal of
space to be used for the ambulance headquarters facility on Airport
Road, as previously discussed earlier in the meeting. He said that it
.
is a stðndard form of lease and with which he has.no wproblemw.
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March 10, 1961'
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Commissioner Wimer moved, secondod by Commissionor Brown and
carried 3/1 w~th Commissioner Kruse votinq in ~position and
Commissioner h'cnzel not pr.Qj1ent, that the Chairman be authorized to
execute tho subject Leaso pending staff review and approval.
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CHAIRM~N AUTHORIZED TO SIGN CER~IFICA~E5 FOR CORRECTION TO TAX ROLLS
Commissioner Brown moved, sec~ndQd by Commissioner Wimer ðn~
carried 4/0 with Commis~ioncr Wenzel not prencnt, that the Chairman be
authorized to sign the following Certificates for correction to tho Tax
Ro 11 s :
NOS.
D7\TP.D
-
Tangible Personal
Property
19ßO-73 -
1980-711
3/2/R 1 -
3/10/81
STAFF TO BE INSTRUCTED TO DEVELOP COMPREHENSIVE POLICY AND PROCEDURE RE
ADVISORY BOARDS - MEMBERSHIP TERMS, QUALIFtC7\TIONS, APPOINTMENTS, f.TC.
Commiszioner Kruse reviewed briefly her memorandum to the Board
dated March 6, 1901 with regard to Advisory Board policies, commenting
that there is a lack of knowledge on the part of the public as to the
number of advisory boards, their acti\'~tics, the number of. vacancies,
requirements to serve on the numerous boards, and the like. She said
that therc is not sufficient information now existing and, DS contained
in the subjcct memorandum, she would like to have .the staff review all
of the existing boards and committees to develop a comprehensive policy
and procedures for each of them, along with a concise and clearly
undcr'st'andab1e definition of the function and role of each.
~T~ere was a brief discussion on the subject during which Chairman
pistor said that he will ask the staff to put some guidelines together
and bring to the poarò for review prior to its pub1icataion.
EXTRA GAIN TIMF. FOR INMATE ID AI1~I?O - APPROVED
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Commissioner Brown mová~, s~conded by Comm1ssioner Wimor and
. 0
carriod 4/0 with Commissioner Wenzel not pre~ent, that the
recommendDtion for 60 days extrð gain time fo~ C~lller County Jail
o 0 ('10·
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:~OD~ 060 mI.11f
PlIgo 55
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Much 10, 19tH
aoOK ,060 rACE 112
inmate No. ID ADl4120, establishing date of release of ^prll 17, 1981,
be approved.
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SUGGP.STION BY COMMISSlðNER WENZE~~FOR BOARD VACATION THE MONTH OF JUNK
DISCUSSED - ACTION DP.FERRED UNTIL ~/l7/01
There was a bric[ discussion of tho memor~ndum dated February 23,
1981 from Commissioner Wenzel offering the suggestion that tho Board
reccss during the month of June, as was done the previous year, in
order to permit the staff time to prepare the budget figuros for July
and August. It was thc conscnsus of the Board that action on the"'~:
su~gcstion be defcrrcd until the meeting of March 17, 1981.
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ADDITION OF MEDICAL DIRECTOR AS NON-VOTING MEMBER ON EMSAC - APPROVED
Commissioner Brown movcd, seconded by Commissioner wimer and
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carried 4/0 with Commissioner Wenzel not present, that the Board
approve appointing the Medical Director to the EMSA Council in an
advisory capacity as a non-voting member. as recommended by the Council
in the letter dated March 4, 1901 to the Board from David Graham,
Chairman of the Emer~ency Medical Services Advisory Council.
WORKSHOP MEETING SCHEDULED FOR MARCH l7, 19A1 FOR PRESENTATION OF
REPORT OF FINDINGS AND FIRST DR~FT OUTLINE OF COLLIER GOVERNMENT
EXPANSION PROJECT BY PQLIZZI/HEERY
Administrative Aide to the Board Grace Spaulding called to the
Board's attention tho Memorandum dated March 9, 1901 from Daryl Balles,
project Manager (Po1izzi/Heery) regarding the Collier Governmont Center
Expansion project whcrein it is requestcd that a Workshop Session be
scheduled f~r March 17, 1981 to provide a report.of findings and first
draft outline for Board review an~ comment.
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Following County Managcr Norman's statoment that,. in his opinion,
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March 10, 1981
such a meeting is important as a critical first step In pulling
c
together all of the consult~nt's findings, it was the consensus ~f the
Board that a Workshop Session be scheduled ,for March 17, 1981 at 2:00
o
P.M. for" the subject presentation.
o
LAKE TRAFFORD ME~ORIAL G~RDENS CEMETERY DEEDS NOS. 255 THROUGH 259
RECORDED AND FILED FOR THE RECORD
Pursuant to action of the Board January 10, 1970 whorein the
Chairman w~s authorized to sign various deeds to Lake Trafford Memorial
Gardens Cemetery lots as the need arises, the following Deeds numbered
255 through 259 were recorded and filed for the record.
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MISCELLANEOUS r.OnnE5PONOENCE - FILEO AND/OR REFERREO
There being no objection, tha Chair directed thnt the follow-
ing correspondence be filed and/or referrod to the vnrious depart-
ments, as indicated:
1. project Status Report for period ending February 27, 19ß1,
re Collier County Government Center Expansion proje~t
(Polizzi/Heery team) ~ Filed.
2. purchasing Department Monthly Activity Report for January,
1901 - Filed.
3.
Letter dated Februnry 27, 1981 from Mrs. Mary ^. Hart,
Bonita Shores, enclosing copy of ^mbulance Service Statement
tendered by ^merican ^mbu1ance, Inc., exprcssing concern over
the amount of the bill - xc County Manager, and Public Safety
Administrator; Fi led. ,~
4.
Memorandum dated March 5, 1981 from Social Services Director
Martha Skinner rc new Community Care for the Elderly grant,
indicDting intention to submit grant application - Filed.
Copy of minutes of January 27, 1981 meeting of the Golden Gate
Community Center Advisory Committeo - Filed.
s.
6.
Letter dated March 5, 1981 from Willard P. Griffith, Golden
Gate Civic Association, Inc. regarding the matter of salaries
for the Golden Gate Fire Control District personnel and
supporting for the proposition by firemen and officers of the
Golden Gate Fire Control District; xc County Manager, Public
Safety Administrator; Filed.
Copy of letter dated February 2r" 1981 from Mayor Askren City
of Everglades, to Engineer Tom Kuck requesting that water well
permits to citizens of plantation Isles be discontinued so
that the City can serve all of the area's citizens - Filed.
Copy of minutes of m~eting of February 10, 1981 of Golden Gate
Fire Control District Advisory Committee ~ Filed.
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9. Copy of letter dated February 25, 19R1 from Robert S.
Wilkerson, Director, Division of Public Safety Planning and
Assista~ce, toO Fiscal Officer re Audit of Subgrants
77-A1-09-FF01 & 78-J6-09-FGOl, "Youth Guidance Volunteer
program" - Filed.
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March 10, 19B1
10. Florida Public scrvico Commission Orders, as followsl
a. Docket No. 7A0723-TP EAS between Estero and Fort
Myers, an~betwcen Donito Springs and Li ttle Hickory
Shores to Naples.
b. Docket No. 720S2-TP EAS betweon Hollywood " M i am i .
c. Docket No. 78023B-TP EAS b~tween Capo Haze and port
Charlotte Dnd Punta Gorda.
d. Docket No. 7806S0-TP E7\S between poinciana Villages,
Inc. to Kissimmee and Haines City.
e. Docket No. 790176-TP EAS between De1ray Beach and
\'¡est Palm ßeilch.
f. Docket No. 790177-TP EAS between Molino-Cantonmp.nt
and PC'nsaco1a.
g. Docket No. 790179-TP EM between I\ll points in Levy
County.
! .' h. Docket No. 7901ßO-TP EI\5 between all points in
, ' Hernando County. . "
··'':t.
. i. 'Docket No. 781021-TP EM between all points in
JDckson County. ,.,
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k. Dockt No. 7AI0020-TP EAS between Broker and Starke. ~,
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· l. Docket No. 790 l82-TP EAS between all points in Santa
·
· Rosa County.
m. Docket No. 79019l-TP EM between Lehigh Acres and
. Fort Myers.
n. Docket No. 810032-TP EAS between Keystone Heights
Gaincsville.
o. Docket No. a0035-TP E7\S between all points in
Franklin County.
p. Docket No. 790173-TP EAS between Ft. . Meade and
BartoW.
q. Docket No. 790l75-TP E7\S between palm Beach County
CODstal Exchanges.
r. Docket No. 781019-TP EM between all points within
Oka100sa County.
s. Docket No. 79017l1-TP EAS between Ft. White and Lake
City.
11. Letter dated MDrch 2, 1981 from DDve Schottke, Administrator,
HR5, regarding the provisions under which the County may grant
and rescind a Certificate of Public Convenience and Necessity
xc County Manager, public Safety Administrator; Filed.
12. Copy of pcrmit from DNR to The Deltona corporation - Permit
No. CO-Pl3-80 re South Seas Club - Filed.
13. Memorandum received March 9, 1981 from John G. Burke,
Governor's Highway Safety Representative re wChi1d Passenger
safety Week" March 23-29, 1981 - xc Public Safety Adminis-
trator; Filed.
11\.: Notice of Appeal by Nap1cs Cay Development Corporation ro
action taken. by Board 2/l0/R1 re zonihg matter - County
Attorney will rcspond, Filed.
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15. Monthly rccord of juvenl1en Inc<\rcerated in colli or County
Jail (or month of J:'cbruary, 1981a - xc County ManÐCJor; J:°iled.
16. Lettor dnted Mnrch 2, l!)Ol flam JnmoB C. Tobin queBtioninCJ
\o/hether there is .anything the DOllrd con do to h<\vo Wi9<Jina
Pass properly dredgcd ,for Slife bOllting - xc Public \"'orks
Aðmlnistrntor/En~inecr; Filcd.
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Therc being no further business for the CJood of the County, the
meetinCJ WDS adjourned by order of the Chair - Time: 2:~5 P.M. - to
convene in Workshop Session.
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BOARD OF COUNTY CO~MISSIONERS/EX
OFFICIO GOVERNING BOARD(S) OF
sreWL I"'QS ~ ~O"TROL
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