BCC Minutes 01/15/1980 C
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Ncp1es, Florida, January 15, 1980
LET IT BE REMEMBERED, that the Board of County Commissioners in
and for the County of Collier, and also acting as the Governing Board(s)
of such special districts as have been created according to law and
having conducted business herein, met on this date at 1:30 P.M. in
Conference Session in Building "F" of the Courthouse Complex with
the following members present:
CHAIRMAN: Clifford Wenzel
VICE-CHAIRMAN: Thomas P. Archer
John A. Pistor
C. R. "Russ" Wimer
ABSENT: David C. Brown
ALSO PRESENT: C. William Norman, County Manager; Donald A.
Pick\~orth, County Attorney; Irving Berzon, Utility Director; Clifford
Barksdale, Public Works Administrator/Engineer; Anthony Pires, Assistant
County Attorney; Danny Crew, Planning Director; Edna Brenneman, Deputy
Clerk; and William McNulty, Sheriff's Department.
AGENDA
1. Review of Lethal Yellowing Program - Voluntary vs.
ma nda tory.
2. Discussion to consider the proposed revised Excavation
Ordinance.
3. Phase I Report regarding review and analysis of County's
Zoning Ordinances from Adley & Associates Consultants.
*4. Discussion of legi';jat10n re fire df~tr1ct:: and ambulance
services.
*5. Additional discussion of proposec! J,".uJment to Ordinance
79-102 re discharge of firearms.
*6. Discussion re referendum with reSdrd to Marco Island
Community Center.
7. Bid specifications re ambulance ~erv1ce.
*8. Proclamation establishing National Jaycees Week.
* These items added to agenda
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January 15. 1980
REVIEW OF LETHAL YELLOWING PROGRAM - STAFF DIRECTED TO DRAFT NECESSARY
ORDINANCE MANDATING INOCULATION OF PALM TREES ON PRIVATE PROPERTY
County Manager C. William Norman recalled that in November of 1979
he prepared a report, based on discussions he had with Agriculture Agent
Don Lander, providing baCkground information with regard to the Lethal
Yellowing Program and providing the Board with some of the problems
and arguments that had been offered as to why the Program should either
be modified or abandoned. He said because of the fact that there is
increaSing public resistance both to the inoculation and to paying for
such inoculation, and, also because of the increase in costs, it would
appear that, were the Program to continue in its present form, it would
cause an increasingly large deficit in the County's operation of the
Program.
Mr. Norman reported that various civic and property owners' associa-
tions are urging the County to reconsider their decision to discontinue
the Program, citing the reasons why the continued inoculation of various
species of palm trees is desirable. Mr. Norman noted that a memo opinion,
from the County Attorney's office has been provided indicating that the
Weed Control Ordinance procedure can be modified whereby collections can
be enforced and, thereby, reduce to some degree the exper.3e involved.
Chairman Wenzel observed that the Board usually acts on the advice
of staff and that the discontinuation of the Program was recommended
during the current year's budget hearings. Mr. Lander stated that he
has no further recommendation to offer other than the recommendations he
made at the time the Board eliminated the rrogram which inCluded the
suggestion that the~tP.rials be kept in the staff office and which could
be provided at cost to the homeowners for their use in inoculating their
own trees. Mr. Lander a I so noted I hil'; two former staff members are
providing the service at the same price the County was charging. He
expressed his support of the "fre~ enterprise" system in this regard.
Discussion followed wherein a mandatory program was deliberated
upon and the pros and cons of such a mandate were addressed. Assistant
County Attorney Pires said that. in his opinion, the County has the
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January 15, 1980
authority to impose a lien on properties for non-compliance following
the process with regard to weedcontrol. Commissioner Wimer noted that such
process is cumbersome and time-consuming, and stated that he would
rather keep the Board "out of the act".
Mr. Ed Smith, Assistant to the City Manager for the City of Naples,
reported that the City Council has passed a resolution aSking that the
Board of County Commissioners reinstitute the Lethal Yellowing Program.
He pointed out the Successes of the Program and complimented Mr. Lander
and the Board for adopting the Program some five years ago. He dis-
agreed that the Program has resulted in a deficit to the County, but
rather has produced a surplus of apprOXimately $134,000. Commissioner
Wimer pointed out that the figures quoted by Mr. Smith did not accurately
reflect the cost of the Program since administrative costs were not
considered, such as the costs of the Attorney, the Fiscal Officer, collec-
tion costs, and the like. Mr. Smith concurred with the Commissioner.
It was also brought out by Mr. Lander that during the first two years
of the Program there was CETA involvement and that, during that period of
time, a backl09 was bull t up; however. once the Program was compl etely
funded by the County, a deficit began to appear.
Mr. Richard Barber. member of various civic organizations and member
of the Moorings Property Owners Association, expressed concern about the
Lethal Yellowing situation and the failure of the VOluntary system of
inoculation of the trees. He urged th~ Board to adopt an appropriate
ordinance "with some teeth in it" and said that time is of the essencp..
Pursuant :'" bri ~f di scuss i Ol~. Commh:. i oner Archer moved, seconded by
Commissioner Pistor, that the st~ if bl' authorized to draft the necessary
ordinance making it mandatory to i~Jculate all appropriate trees on
private property.
Commissioner Wimer voiced his concern that, although he agrees with the
adoption of a mandatory Program, such Program might result in the building
of a County crew to enforce it. He commended Mr. Lander on his suggestion
for the discontinuance of the County Program when he saw that thl! Program
was losing money.
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City Councilman Wade Schroeder voiced his support for private
industry and said that the government should only be involved as a
last resort; however, with regard to the Lethal Yellowing problem,
l1r. Schroeder said that the problem is one that fits into this category
for the reason that it would be practically impossible to enforce the
inoculation unless the government has all of the controls, does the
work, and keeps the records.
Mr. Graff, representing the Royal Harbor Property Owners Association,
reported that the Board of Directors of said Association voted to
support the program of injection for Lethal Yellowing and it is their
feeling that it is a government problem.
Ms. Virginia Corkran, representing the garden club, supported a
comprehensive madatory pOlicy for protecting the pertinent trees, which
are valuable and a beautiful asset to the community.
Mr. Chris Anderson, Division of Forestry, explained that in the
Ft. Lauderdale-Miami area a program has been instituted for the planting
of resistant species of palm trees and said that eventually the inocu-
lation for Lethal Yellowing will no longer be effective and at that time
there will be replacement trees available.
Upon call for the question on the motion made earlier, the motion
carried unanimously.
BCC DIRECTS COUNTY ATTORNEY TO DRAFT ADDENDUMS TO THE LOCAL BILLS CREATING
THE INDEPENDENT FIRE DISTRICTS WHICH WOULD PERMIT THEM TO OPERATE AN
AMBULANCE :ERVICE, IF DESIRED - TO BE SUBMITTED TO LEGISLATIVE DELEGA-
TION FOR CONSIDERATION
Chairman Wenzel reported that he has sp\.\ken to the Fire Commissioner
from North Naples ~nd tlrdt he h.:s a letter from the Commissioner of East
Naples and said that they support any ~ropo~ed legislation which would
permit the fire districts to do emer!.iI;~';';Y medical work. He said that it
is his recommendation that an appr~priate amendment to the bills creating
the districts be brought before the legiSlative delegation so that such
service could be supplied within their respective districts in emergency
situations.
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Mr. John Garnier, Fire Commissioner for the North Naples Fire
District, explained the necessity for changing the language in the pertinent
bill which would permit the transporting of victims to the hospital. He
stressed that this is all that is being requested and that there is no
thought of "going into the ambulance business".
Mr. Robert Hamilton, East Naples Fire Commissioner, was also
present to request that the prohibition against transporting victims to a
health facility be removed.
Mr. Cliff Geiger, City Manager and Fire Chief for the City of Ever-
glades, voiced his support of the matter under discussion, detailing the
situation in his community wherein there is no doctor available and the
closest hospital being in Naples.
It was pointed out by County Attorney Pickworth that under Chapter
252 FS the County has the power to employ the services of the fire
departments for supplying such services as is bing discussed. Commis-
sioner Wimer stated that he could not support any action that would take
away the prohibition against operating ambulances since it would be more
expensive for the residents of the County and the particular district
to provide ambulance service, as such; however, he sbid if there are
changes needed in the legislation to allow a person to be transported, he
possibly could support such Changes after a review of same. The Com-
missioner also asked that the term "emergency" be defined. as to who
would be responsible for such declaration, and t~e like.
MI'. Mike ZewI!H:, j;.::rth Naples resident, urged the Board to take the
necessal~ steps to insure rescu~ serv4~e in the subject area.
Following additional dht:II"; ,\'n, Commissioner Archer moved that the
County Attorney be directed ':J delete the word "not" where appropriate in
the pertinent bills, and to include words to the effect that during a
declared emergency, or real emergency declared on the scene by the
Fire Chief, Lieutenant or other designated person, the fire district
can perform necessary transpport services and that the draft of such
proposal be brought back to the Board at the next meeting. The motion
was seconded by Commissioner Pistor and carried 3/1 with Commissioner
Wimer voting in opposition.
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Later in the Session, Attorney Pickworth provided the Board with
suggested verb8gc to be included in the proposed legislation, following
the deletion of the word "not" where applicable; i.e. where it states
"provide rescue services within the District, which services shall not
include transportation to a health facility", Following the word
"facil Ity" said Attorney Pickworth, there are three suggested alterna-
tives being proposed; (1) when authorized by the Board of County
Commissioners; (2) when authorized by the Fire Chief or responsible
person at the scene; or, (3), when authorized by the Board of County
Commissioners under emergency conditions which may be prescribed by the
Board of County Commissioners.
Discussion followed concerning the matter of defining emergencies,
following which Commissioner Wimer moved that the Attorney be directed
to formalize a draft of the proposed legislation using Alternative (3),
as detailed above, for presentation to the Legislative Delegation. The
motion was seconded by Commissioner Archer and unanimously carried. It
was suggested that all appropriate fire district commissioners be apprised
of the matter for input prior to final presentation.
PHASE I REPORT (REVIEW AND ANALYSIS OF COUNTY'S ZONING ORDINANCES) BY
ADLEY & ASSOCIATES - ACCEPTED; CONSULTANTS DIRECTED TO PREPARE DRAFT OF
NEW ZONING ORDINANCE DEVELOPING REGULATIONS ADDRESSING NEEDS AND
INDIVIDUAL CHARACTER OF BOTH COASTAL AREA AND IMMOKALEE AREA
Planning Director Danny Crew explained that the Phase I Report.
reviewlng and analyzing the County's Zoning Ordinances, as prepared by
Consultants Adley & Associates, has b~en u"ne under the "701" Planning
Grant from the 5tate. Th~ purpose of the project was to review the
present ordinances and to arrive dt d decision as to whether or not to
continue with two separate ordi ;'oIH',,', or to have one ordinance County-wide.
continued Dl.. Crew. He said tInt at this point both ordinances have been
reviewed and the differences and problems have been identified and a
recommendation as to what it is felt the County should do will be made
during the presentation. When asked his opinion, Dr. Crew said that
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January 15, 19BO
there should be one ordinance which recognizes the lEgitimate differences
between the two areas. and added that the Consultants are in agreement, to
his knowledge. Responding to Commissioner Archer's query, Dr. Crew said that
if the decision is to have one ordinance under Chapter 163 FS. two planning
commissions can still be maintained; however, he said that the Board of
County Commissioners will have to give up their status as the Zoning Board
of Appeals. There was no opposition by the Board expressed.
Mr, Harry Adley. of Adley & ASSOCiates, recalled that several weeks ago
an analysis was submitted outlining the differences and strengths and
weaknesses of the two ordinances and, before improvements can be put
together, a sense of direction from the Board is needed. He said that it
is his belief that, under the title of the ordinance, an enactment clause
can be inserted up front and yet have within it two sets of regulations
and two distinct sections which are totally consistent; however. in the
set of regulations pertaining to 1mmokalee it will be a "leaned-out" version
of the more complicated Coastal Area.
Commissioner Archer observed that, with the advent of sewers in
Immokalee, what is being faced presently in some of the County's urban
areas, is what Immokalee will be faCing in the next four or five years. .
He requested that the regulations don't "lean" so much that it will be to
the detriment of the County in the future. Mr. Adley said that the options
will be brought to the Board along with alternatives and that it will be
the BOdrd's decision which one to "opt" for.
Commissioner Wimer moved that Adl~) & Associates be directed to pre-
pare a new draft Zoning Ordinance undE:r the provisions of Chapter 163 FS and
that, in preparing the draft. thn Consultant should develop regulations
that address the legitimate neEd:; '. d 'Individual character of both the
Coastal Area and the Immokalee Area. The motion was seconded by Commis-
sioner Pistor.
Mr. Adley explained, in response to Commissioner Archer, that the
plan is to combine the regulations on the books. making them compatible,
and to "sharpen up" anything necessary. Also, he continued. the intent is
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January 15, 1980
to make the new zoning regulations fit the new Comprehensive Plan situa-
tion. He said that he had a series of interviews with developers,
financiers, contractors, County staff, Immokalee and Coastal zone people,
and that it was the general consensus that the present regulations are
good but could be improved upon particularly in terms of procedures.
Noting the absence of any mention of the most important persons, the
civic groups by Chairman Wenzel, Dr. Crew said that some of those persons
had also been approached and that more contacts will take place in the
next phase of the project, citing examples of the type of subjects to
be addressed.
Upon call for the question, the motion carried unanimously.
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RECESS: 3:15 P.M. until 3:25 P.M.
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FURTHER DISCUSSION OF PROPOSED AMENDMENT TO ORDINANCE 79-102 RE DISCHARGE
OF FIREARMS (SEE ACTION TAKEN DURING REGULAR SESSION)
Pursuant to the matter being taken up earlier this date during Regular
Session, Chairman Wenzel said that it is necessary to declare an emergency
and adopt the ordinance prOhibiting the discharge of firearms or hunting
within any platted subdivision within Collier County. Commissioner Pistor
thereupon moved that an emergency exists. n,e motion was seconded by
Commissio;ler Wimer and failed by a motio~ uf 3/1 with Commissioner Archer
voting in opposition.
Chairman Wer.;.:el entertained a motion that the matter be brought up
at the next possible date, suggesting JMuary 22, 1980. at which time all
five Commissioners would be preser.t. 4'ld possibly get a declaration of
emergency. Commissioner Archer suggested passing an amendment to the
present ordinance to take care or the matter regarding Units 16 and 17,
and Unit 70 of Golden Gate Estates.
Mr. Gary Hancotte, commenting that no action appears likely with
regard to his request made earlier, formally asked the Commission to have
a police car follow the school bus to provide protection until the subject
ordinance is passed; if not, said Mr. Hancotte, the affected residents
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January 15, 1980
"will take the matter into their own hands". Chairman Wenzel observed
that the Board does not have the authority to order such protection; however,
he said the Sheriff's Department can be requested to do so.
Commissioner Wimer suggested and concurred with by Commissioner Pistor,
that the Chainman be requested to ask the Sheriff's Department ff he will
assign a vehicle to drive in back of the school bus and escort it through
the area in question due to the large amount of rifle fire in that area.
The problems existing in the Golden Gate Estates area with regard
to the discharge of firearms in that locality were discussed at length
with Assistant County Attorney Pires bringing out the fact that there
are various and numerous State Statutes governing the use of firearms;
however, he said that the problem is that arrests cannot be made unless the
violation is observed by the arresting officer. The lack of a patrol of
the area was also cited by Mr. Hancotte as one reason there is a danger
to the residents, children and, also, animals.
Following additional deliberation, the Workshop Session was recessed
at 3:45 P,M. to convene in Regular Session to take formal action on a
proposed amendment to Ordinance 79-102.
DISCUSSION TO CONSIDER PROPOSED REVISED EXCAVATION ORDINANCE - AUTHORIZA-
TION FOR ADVERTISING SAME TO BE SCHEDULED ON EARLIEST POSSIBLE AGENDA
Public Works Administrator/Engineer Clifford Barksdale explained that
the draft ordinance pertaining to ex~avations was prepared by the Water
Management Advisory Board and 1~ oeing recommended for approval by the
Board. same having preViOUSly been cir~uj~ted to the Board members. He
said that the staff has re;'iewed the dy'aft and is recommending changes
to the draft, as follows:
SECTION 17 (Page 9) - Add fci~"';,'ng sentence to Paragraph B:
Excavations permited by PUD, or other County Ordinance,
shall continue to be Subject to the provisions of that
Ordinance and Section 9 of this Ordinance.
Commissioner Wimer offered the following suggested change in verbage
to Section 17, Paragraph D, on Page 9 - Existing Commercial Use Permit:
A permit to continue excavation in existing operations currently
exempt from Ordin~~ce 73-12 shall be issued by the County
Engineer upon the submittal of an application which must
include the following: (continue as written in draft)
and,
delete "and 11" at the end of the subject Paragraph.
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Regarding the above change, as suggested by Commissioner Wimer, County
Manager Norman said that for clarity the word "satisfactory" should be
inserted before the word "submittal" in the same sentence. This addition
was agreeable to the Commissioner.
Mr. Barksdale noted his sati~faction with the suggested changes,
following which Chairman Wenzel solicited further comments from the Board
and/or anyone seated in the audience. Mr. Thomas Peek, of Wilson, Miller,
Barton, Soll and Peek, Inc., said that the sentence added to Section 17,
Paragraph B, satisfies his concerns with regard to the Warren Bros. PUD.
Commissioner Pistor moved, seconded by Commissioner Wimer and unani-
mously carried, that the proposed ordinance revising the current Excavation
Ordinance be scheduled on an early agenda for authorization to advertise
same.
Commissioner Wimer expressed his appreciation to the staff members and
the WMAB for their work on the ordinance which he said. in his opinion,
is one which "everyone can live with".
Later in the Session, Mr. Ivan Eckler voiced his concern over the
stipulation in the proposed ordinance reqUiring 4:1 side slopes on excava-
tions, He explained his reasons why such stipulation is unnecessary and
displayed samples constructed of wood depicting examples of a 4:1 and
2:1 slope to enforce his position. Utility Director Irving Berzon explained
the reasons for the 4:1 slope requ'rement, noting that the stipulation is,
for the most part, a safetv p'r'!ic:aution. The matter of maintaining such
slope was addressed with Commissioner W1mer observing that a 4:1 slope
encourages grrwth of veget~tion and might be considered "overkill".
Chairman Wenzel suggested that. this matter, as well as other questions,
can be taken up during the pubhc Ih"ring on the ordinance
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The meeting was recessed at 4:05 P.M. to reconvene in Regular
Session immediately thereafter and reconvened at 4:10 P.M.
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BRIEF COMMENTS RE REFERENDUM WITH REGARD TO MARCO ISLAND COMMUNITY
CENTER - OFFICIAL ACTION TAKEN DURING REGULAR SESSION
Chairman Wenzel noted that the last date to place on the agenda
the matter of the referendum with regard to the construction of a Com-
munity Center on Marco Island would be January 22, 1980, and requested
that official action be taken to this effect.
BID SPECIFICATIONS RE AMBULANCE SERVICE - TO BE PLACED ON JANUARY 22, 1980
AGENDA
Commissioner Wimer reported that the bid specifications with regard
to the County's ambulance service have been completed and that he would
like the Board to r~view same during the meeting of January 22, 19BO. Com-
missioner Archer notified the Board that he would be unable to be present
at the beginning of the meeting, Whereupon Chairman Wenzel directed the
staff to schedule the review during the latter part of the subject meeting,
PROCLAMATION ESTABLISHING NATIONAL JAYCEES WEEK - TO 8E ADDED TO JANUARY 22.
1980 MEETING
At Commissioner Wimer's request, Chairman Wenzel directed the staff to
schedule a proclamation establishing National Jaycees Week on the agenda for
the January 22, 1980 meeting.
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The meeting was adjourned by order of the Chair - Time: 4:15 P.M.
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