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BCC Minutes 01/22/1980 R r' I I . I ~ , , . ' f) r:::J c::J Naples, Florida, January 22, 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 9:00 A.M. in Regular Session in Building "F" of the Courthouse Complex with the fOllowing members present: CHAIRMAN: Clifford Wenzel VICE-CHAIRMAN: Thomas P. Archer (10:35) John A. Pistor C.R. "Russ" Wimer David C. Brown ALSO PRESENT: William J. Reagan, Clerk; Harold L. Hall, Chief Deputy Clerk/Fiscal Officer; Edna Brenneman and Jean Swindle (1:45 P.M.), Deputy Clerks; C. William Norman (9:20 A.M.), County Manager; John Walker, Assistant County I~nager; Donald A. Pickworth, County Attorney; Irving Berzon, Utility Director; Clifford Barksdale, Public Works Admin- istrator/Engineer; Danny Crew, Planning Director; 11. Gene Willett, Administrative Assistant to County Manager; Thomas Hafner, Public Safety Administrator; Lee Layne, Planner; Mary Morgan, Administrative Aide to the Board; and Deputy Chief Raymond Barnett, Sheriff's Department. / BOARD OF ~.'l':l COMMISSIONERS ~~~c~ J~nuary 22, 1980. NOTICE: ALL PERSONS SPEAKING ON ANY AGENDA ITEM ~lUST REGISTER PRIOR TO THE ITEM Br.-W(; HE.~RD. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS 1~IICH ARE NOT ON THIS AGENDA lmST BE SUBMITTED TO Tl,iE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS" AT 11:00 A.M. 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF AGENDA 4. APPROVAL OF MINUTES: December 18, 1979 and January 8, 1980 MOl( 051 PAr.r: m "'. '.. '~: r- I I " r---) r I January 22. 1980 MINUTES OF MEETINC OF DECEMBER la, 1979 - APPROVED; MINUTES OF JANUARY a, 1980 - DELETED Commissioner Wimer moved, seconded by Commissioner Pistor and carried 4/0 with Commissioner Archer not present, that the minutes of the meeting of December 18, 1979 be approved as presented. Chief Deputy Clerk Hall asked that the Board defer action on the Board minutes of the meeting of January 8, 1980 since they had not been distributed in time to permit review of same. EMPLOYEE SERVICE AWARDS PRESENTED TO EMPLOYEES WITH FIVE, TEN AND FIFTEEN YEARS OF SERVICE Following his reading of same, Chairman Wenzel presented Service Awards to the follOWing County employees: *1, Bernard Andrews - Road and Bridge 2. Larry Brown - Road & Bridge *3. Kathleen Manz - Youth Guidance *4. Eugene Blassberg - Building Inspection 5. Howard Lent - Stockade 6. Larry Dupree - Road & Bridge 7. Paul Hartley - Welfare *8. Elmer Schreiber - Building Inspection 9. William Rimes - Road & Bridge 10. Elida Martinez - Road & Bridge 11. Maralyn Babcock - Library *12. Glenwood Morrison - Building Inspection *13. Harvey Padgett - Building Inspection 5 years 5 years 5 years 10 yea rs 5 years 5 years 10 years 5 yea rs 5 yea rs 5 years 5 years 15 years 10 years * These employees were present to receive their awards. Chairman Wenzel expressed appreciation, on behalf of the Board, to the recipients for their years of service to the County. PRESENTftTION OF DER "AWARD OF E)'r::LLENCE" FOR THE MARCO ISLAND TRAN~FER STATION OPERATION AND OF JAYC~ES' CERTIFICATE OF APPRECIATION FOR RECY- CLING PAPER PROJECT AID Mr. Marshall Matt-Smith, Department of Environmental Regulation, explained that annually the Stat~ Uepartment of Environmental Regulation gives an award for the best srHd l,'aste disposal facH ity In the South Florida District. He said that "being the best" means that the facility has best complied with the rul~s and regulations throughout the year and, in doing so, has helped protect the South Florida groundwater resources and protect the public health. Mr. Matt-Smith explained that the District MC~ 051 p~Gf101 "J~J~.l"I*t:.. .. '".. ~Q~~ 051 PACE10Z January 22, 1980 is composed of seven counties encompassing 37 permitted facilities such as sanitary landfill, trash landfill and transfer stations, and said that he was in attendance at the meeting to present to the Collier County Board of County Commissioners and to the appropriate personnel the District Award for Excellence to the Marco Island Transfer Station as the best Transfer Station of the year. The following employees were present to acknowledge the honor: Andrew Demand - Transfer Station Supervisor Walter J. Bertucci Robert L. McKellar Duthal R. Sanders Marco Transfer Station Personnel Com:'issioner Pistor offered an additional Certificate of Appreciation on behalf of the Marco Island Jaycee's to the landfill operation for the employees' help in aiding the Jaycee's project of recycling paper. PROClA~~TION ESTABLISHING THE WEEK OF JANUARY 20 - 26, 1980 AS "JAYCEE WEEK" Commissioner Wimer read the proposed proclamation establishing the week of January 20, 1980 through January 26, 1980 as "Jaycee Week" following which he presented an executed and attested-to copy of same to representatives from the various Jaycee organizations throughout the County. * * * * .. * ,----1 (-1 r-----l , ~ I " " .,._.._.._-,_._~...... .. ",.,' ""~~~:'~~~~r,}~.:. 051 PAGEIQ4. January 22, 1980 RESOLUTION 80-14 APPROVING AND ENDORSING THE APPOINTMENT DESIGNATING MISS COLLIER COUNTY (TAMMY AN~E WILLIAMS) AS THE OFFICIAL COUNTY HOSTESS DURING HER REIGNING YEAR - ADOPTED Chairman Wenzel read the proposed resolution approving and endorsing the appointment designating Miss Collier County (Tammy Anne Williams) as the Official County Hostess for Collier County during her reigning year, following which Commissioner Pistor moved, seconded by Commissioner Brown and carried 4/0 with Commissioner Archer not present, that Resolution 80-14 be adopted. Miss Williams was present to accept the Resolution. -It * * -It -It -It * ,.--- ql II ri , I' '., ,..t.i-,;t t..' "-._~-""'''''''- ~""'- j~ 051 PAGE iDS January 22, 1980 WILLOUGHBY ACRES WATER ANC SEWER IMPROVEMENTS PROJECT: COUNTY ATTORNEY AUTHORIZED TC PROCEED WITH BOND VALIDATIONS: UTILITY DIRECTOR DIRECTED TO PROCEED WITH FINAL PLANS FOR INSTALLATION OF IMPROVEMENTS Legal noticp. having b€en published in the Naples Daily News on December' 25, 1979 and January 1, 1980, and in The N~ples Star on December 21, 1979 and J~nuary 4, 1980, as evidenced by Affidavits of Publication filed with the Clerk, the second of two public hearings was opened to consider proposed construction of assessable water and sewer improvements in the Willoughby Acres Area of the County Water/Sewer District of Collier County, Florida. Prior to his opening comments on the matter, Utility Director Irving Berzon circulated a register requesting that all persons present to hear the comments and/or voice an opinion on the subject project affix their signatures to the register so that the Farmers Home Administration will have a record of those names. Mr. Berzon explained briefly the overall details of the project including the following estimated costs at this time for the subject improvements in the Willoughby Acres Water/Sewer District: 1. Potable Water Distribution System - $511,250.00 which results in a front foot assessment of $11.44 per front foot, an increase of $2.68 per front foot; 2. Central Sewage Collection System - $1,237,500.00 which results in a front foot assessment of $29.43 per front foot, an increase of $6.82 per front footi 3. Combined project cost is $1,748,750 with a combined front foot assessment of $40.87. Mr. Berzon explained that what the assessment translates to, on an annual basis for a 20-year assessment on a lOa' piece of property, is approxi- mately $330.00, noting that the estimate includes both capital and interest. He added that, on tr.~ of that, will be monthly payments for regul~\' water and sewer fees for "~"r charges. Continuing, Mr. Berzon noted that, in addition to the thO public hearings requested by the FmHA, it is his understanding, due to the recent receipt of additional information, that the FmHA is strongly suggesting that the second public hearing this date be continued until the evening and said that, if the suggestion is followed, that the extended hearing be scheduled for 7:30 P.M. in the Commission Boardroom. Responding to Commissioner Pistor, Mr. Berzon said that news of the continued public hearing could be circulated via the persons in attendance. r r, r-'l r,h...{ """1"~;"""."" ,-,',., J l:=J . 't '.~.~~L~.:._ '."'>1,,'\. "'1' (J,"~ '~~,~~~ 'I ,I~:J l ," January 22, 1980 Mr. Ellwood Witt, Willoughby Acres property owner, commented that, to his knowledge, the people of Willoughby Acres, for four years, have done everything possible to secure water and, at the request of the County, sewer for the subject District, among them attending two pUblic hearings two years after petitioning for water, and attending two more hearings due to an increase in price. He said that the people he represents do not feel that it is their fault that the price has increased but, rather, the fault of the slowness on the part of others. He suggested that the proposed continuance of the hearing is being caused by a certain individual in the conmuni ty who wishes to interfere with "everyone I s way of 11 fe", citing his r2asons for such statement, as contained in the individual's publication. Among Mr. Witt's further comments were the increased costs for the improvements caused by the delays being encountered, the costs of purification of the water in the meantime, the effect on the sale of properties in the District, the large ratio of owners, estimated to be 95% to 5%, desirous of obtaining the improvements for water supply and the like. He pleaded with the Board to proceed with the improvements without further delay. Other persons speaking in favor of immediate expedition of t~e improvements were: Eric McKee - Member of Willoughby Acres Homeowners' Association (Willing to pay whatever the cost for water and sewer) ~ry Murray - Willoughby Acres resident (Concurred with Mr. Witt's s ta temen ts) George Harrison - Willoughby Ac.es resident (In favor of the project and requested an update on FmHA loan authorization amount and whether or not the costs have been obtained through competitiv~ bidding, with Mr. Berzon providing explanation) Mr. Frank Duval, District Dir":tor for Farmers Home Administration, stated that the FmHA is willing t~ ma~c t~e loan to support the project but that input from the people w~s needed regarding their desire for the project since the average lot will cost about $3,2DO for the improvements. Further, said Mr. Duval, it was suggested to the Board that the meeting be continued through the evening - only a suggestion, not a requirement _ and that the suggestion was written in a letter to ~Ir. Kebler by Mr. William Wethers, State FmHA office, wherein it was stated that he ~~'" 051 PACE 107 .-...---- l' I -- - BOOK 051 PAGE 108 January, 22, 1980 (Mr. DU1al) would suggest to the County Commissioners to have a night public meeting. In response to County Attorney Pickworth's query, Mr. Duval said that one person wrote to the Gainesville FmHA office requesting a night meeting, adding that he had received a letter from one person in opposition to the project and that he informed the writer of the pUblic hearings, suggesting that he attend. Mr. Duval said that, to his knowledge, only one person asked for the night meeting. Chairman Wenzel noted his willingness to attend a night meeting, as did Commissioners Pistor and Brown. Commissioner Wimer opposed the continuation of the hearing. He reported that he talked with Mr. Wethers in Gainesville and was informed that such mp.eting was not required. Mr. D~val said that it is the Board's prerogative whether or not to extend the hearing and that he will make his decision based on what he has knowledge of - the public input and the letters that he has received. A further speaker, Mr. Ed White, President of the Homeowners' Association of Willoughby Acres, observed that there has always been a good representa- tion of the residents of the area at all public meetings on the issue and that they are 100% behind the project. Commissioner Pistor explained that his reason for ~9reeing to attend a continuation of the hearing is to be certain that by not having the evening meeting, if it is part of the requirements, would result in having an obstacle arise which would preclude proceeding with the project. COllrnissioner Pistor moved to continue the public hearing on the Willoughby Acres Improvement Project until 7:30 P.M. this date. Chairman Wenzel seconded the motion "to get it on the floor". At the request of Commissioner Wimer, Mr. Duval reiterated his earlier statement that the cont:nued meeting is not a requirement of the Farmer~ nome Administration. Chairman Wenzel called for ~ roll call vote on the question, which failed 2/2 with Commissioners Wimer and Wenzel voting in the negative and Commissioner Archer not present. Mr. Duval noted, for the people of Willoughby Acres, that the so-called delay is no delay - the County having already proceeded to call for the bond resolution to get the water and sewer system in the project. Further, said Mr. Duval, "It will be my recommendation to the State Director of Farmers Home Administration that we will proceed to put the water and sewer r- --1 II r--:-l (.::=J C=:J '~ ! January 22, 1980 in in Willoughby Acres. Now, you are short of money for the water. It will be my recommendation to the State Director to proceed through the bond validation to go to bids and we wi1l rnJke the loan for the difference in the money." All proponents and opponents, if any. having been heard, Commissioner Pistor moved, seconded by Commissioner Wimer and carried 4/0 with Commissioner Archer not present, that the public hearing be closed. Commissioner Pistor moved that, since the two public hearings have been held and that there appears to be a unanimous feeling of the residents of Willoughby Acres that the installation of the water and sewer improvements proceed, the Board authorize the County Attorney to proceed with the bond validatIons, and direct the Utility Director to proceed with the final plans for the installation of the water and sewer in Willoughby Acres. Commissioner Wimer seconded the motion which carried 4/0 with Commissioner Archer not present. County Attorney Pickworth outlined for the benefit of the affected residents in attendance the next steps which have to be taken. He said that, hopefully, within the next two weeks a bond resolution will be brought to the Board for adoption which will authorize the issuance of bonds. A suit to validate the bonds will immediately be filed, he said, which usually takes 30-35 days, depending on the court calendar. Assuming that the court in this County v~lidates the bonds, there is a 30-day waiting period, or appeal period, in which anyone wishing to contest the validation has the right to appeal such validation to the Supreme Court of Florida, he said. If no appeal is filed, said the attorney; at the end of the appeal period, the Clerk of the Court will issue a Certificate of No Appeal and, at that point, the bonds arp incontestable and interim financing will be obt.;; illed, the bidding process Ill-gun. As soon as the bidding process is concluded, said Attorney Pic~~Jrth, construction can begin. Continuing, Mr. Pickwortil explained there will be other details accomplished such as a public hearing on February 5, 1980 to reconfirm the higher cost estimates, and probably other hearings also. He said that if no appeal is filed, it is possible bids can be let in three n~nth~. However, he said if an appeal is filed, an 8-10 month delay is possible. Regarding the use of interim financing, as suggested by Commissioner Pistor, Attorney Pickworth said that arrangements to borrow money for the 60~K 051 PAGfl09 .-.----- ' - ~"..:- -'... ....... " ,-_..~-._~ ~ 'ka.... -_.f' flO~K 051 PACE 110 January 22, 1980 water system is in process, commenting that, hopefully, borrowing of that type will not be necessary since it carries with it a lot of problems with regard to legal protection for all parties; however, continued Attorney Pickworth, "If it comes to that, we will have to go that route." RATE INCREASE REQUESTED BY GULF COMMUNICATORS, INC. (AMERICAN CABLEVISION SERVICES) - APPROVED; CHAIRMAN AUTHORIZED TO SIGN REVISED FRANCHISE Legal notice having been published in the Naples Daily News on January 6 and 13, 1980 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider an increase in rates as proposed by Gulf Communicators, Inc., d/b/a American Cablevision Services, providers of cablevision services to the Golden Gate Area. Mr. H. Gene Willett, Administrative Assistant to the County Manager, recalled that several weeks ago, pursuant to the request by the subject firm, the County staff prepared an Executive Summary regarding the matter and attached therewith a summary of the Franchise Agreement dated June 8, 1967, a comparison of rates of other cable franchises in the southwest part of the State, a tabulation of franchise fees over the past several years, and a brief analysis of insurance data required in the Franchise Agreement. Taking all pertinent facts into consideration, said Mr. Willett, the staff has concluded that an increase is justified. Mr. Willett noted that there is also a request by some of the citizens of the area concerning the lcquisition of Channel 9 cablevision service from Palmer Broadcasting _ raf:'It:'vision. Attorney B. Kenneth Gatlin, rep"esertc1ng Gulf Communicators, Inc.. submitted for the record a copy of a letter dated November 15, 1979 from Harold L. Hughes, President of Gulf Communicators, Inc., wherein it is proposed that the firm's franch1S0 be amended to increase the basic rates for cablevision service; with attachments conSisting of Appendix "A" a copy of the current Franchise (Exhibit 1), together with a copy of each of two amendments thereto. Mr. Gatlin observed that the cablevision rates were set in 1967, the date of the Franchise Agreement, and have not been changed since that time. Mr. Gatlin interrogated Mr. Hughes on such matters as the area being served, the reason for the request for the rate increase, and whether or not the rate increase, if granted, will result in an operating income and not a loss, with Mr. Hughes responding in the affirmative to the latter question. r _d 1"- '1 (----'.-1 .... -'" -j r:::J r...:=J January 22, Concerning the Channel 9 question, Mr. Gatlin'said that the firm would bl agreeable to discussing the matter, pointing out that, from a legal position, the matter has no bearing on the rate increase request. Mr. Willett explainec that a petition has been received from 11 Golden Gate residents concerning their desire to have the channel added to the service of Gulf Communicators. Mr. Hughes advised that Channel 9 is not an off-the-air pickup but rather a closed circuit program developed locally by the Naples Cablevision System. He said that the management of the system has been approached twice to see if the channel could be provided either as a courtesy or on a reimburse- ment basis and the request was turned down. Commissioner Wimer inquired as to whether or not the firm could provide cab'levision service to several street5. north of Golden Gate Parkway, east of the road going into the new development currently underway. Hr. Hughes explained that an engineering study has been made within the past six months with regard to serving that area; however, the estimated cost would be $33,000 and, due to the limited number of possible subscribers at this time, the firm could not afford the expansion. Commissioner Wimer commented that it is his understanding that the Palmer firm is willing to install cablevision if Gulf Communicators, Inc. would relinquish a portion of their area, noting that he is concerned about residents willing to pay for cable and not being able to receive it. Mr. Hughes offered to discuss the matter further with Mr, Ryan of Cablevision. Chairman Wenzel suggested that, if it would help achieve a compromise, the staff could assist in negotiations. Ms. Lee Layne, Golden Gate r0~ident, stated that she is in favor of the increase, however, she questioned why Channel 9 can't be received since Home Box Office is being received over that channel in the area. There were no other p\,rsons registered to speak, whereupon Commissioner !'istor moved, seconded by CC,lrnissioner Brown and carried 4/0 with Commissioner Archer not present, that the public hearing be closed. Chairman Wenzel suggested that Commissioner Pistor contact the afore- mentioned Mr. Ryan to determine if the problems discussed can be resolved. Commissioner Pistor moved, seconded by Commissioner Wimer and carried 4/0, that the rate increase requested by Gulf Communicators, Inc. be ~ranted and incorporated into a revised Franchise A9reement, and that the Chairman be authorized to sign same. aoOK 051' PACE if[ 1-,--] C1 E.:.:J January 22. 1980 ORDINA~CE 80-7 RE PETITION CP-79-9C, PLANNING DEPARTMENT, AMENDING COMPREHENSIVE PLAN FOR THREE PARCELS OF LAND LOCATED ALONG PINE RIDGE ROAD AND AIRPORT ROAD FROM 0-4 RESIDENTIAL TO COMMERCIAL - ADOPTED Legal notice having been published in the Naples Daily News on December 21, 1979 and January 16, 19aO as evidenced by Affidavit of Publication filed with the Clerk, public hearfng was opened to consider a proposed ordfnance with regard to Petition CP-79-9C, ffled by the Planning Department, requesting Comprehensive Plan Amendments for property located at the northeast corner of Pine Ridge Road and Afrport Road, and for Lot 31, Block A, Connor's Vanderbflt Beach Estates. After locating the subject properties on the map displayed, Ms. Lee layne, Plannp~, explained that the three parcels in the Pine Ridge Road area are not large enough to provide for sfngle-family development and it is felt that the area will eventually develop commercfally and the Plan change, along with the companfon petftion for rezonfng change to Professional Commercial, will provide the means for developing the area in such a manner that there will be no high traffic impact on the future arterial to 1-75. Regarding the Vanderbilt Beach Estates property, Ms. Layne explained that the proposed zoning change and the Plan amendment is befng requested by the property owner from 0-4 Residential to 6.22-30 Units. She said that the property has a triplex on it, which \~as on the parcel when purchased fn 1965. She said that the CCPA recommended denying the change fn zonfng since the area is basically a single-family area; however, she safd that the Agency h~~ recommended approval of the Change in land use for the Pine Ridge Road area parcels. Ms. Lee Bowein, the Vanderbilt Beach property owner, explained the research that she has done to prove that the property was built as a triplex; however, she said that there are no 1\'.:i1ding I'ecords available, apparently having been destroyed during Hurricar:e Donna. Responding to Chairman Wenzel'~ request for clarification of the problem, Ms. Layne explained that the staff was requested to rezone the property several years ago and that it went through the rezoning process as part of the annual revfew four years ago; however, although the Planning Commission recommended approval of the matter, for some reason it was left out of the Ordinance. She said that the La Playa establishment is to the south of the property, "R-2" zoning to the southeast, with single- 800K 051 PAcd.13 i, I t ,I "t.!~> ;,",,;1;;$,\1,,:.,' :-1'._"_:'11..-, _~~\i...~'!r'."''',;...', January 22, 1980 051 PAGf~14 across the street and to the immediate north. She said that apparently adjacent residents feel that if the land Use Plan is amended and the zoning changed, the property owners will destroy the triplex and construct another commercial facility. Noting that the land in question is more valuable at the present time, Chairman Wenzel inquired if such was the plan, with Ms. Layne stating that no such proposal has been stated, but rather it is the desire to have the triplex in conformance. Ms. Bowein voiced her concern that, in the event the building was destroyed, she could not rebuild it under the current zoning on the land. In answer to Commissioner Pistor, Ms. Bowein said that she has no plans to tear down the triplex and rebuild, addinq that she wants to retain the triplex and be assured she could rebuild it, if necessary. Following discussion concerning other zoning possibil ities, Ms. Layne said that "RM_2" or "R_T" are the only zoning categories that would allow for the three units on one lot; otherwise, it would be "spot zoning". It was pointed out by Planning Director Danny Crew that there is no provision in the ordinance which would permit rebuilding a triplex on the property. It was Commissioner Wimer's suggestion that the proper time to address the problem would be if and when the property was destroyed, noting that in the case of a hurricane along the beach, for instance, there would be many changes that would have to be made. Dr. Crew observed that "people do not buy zoning, but you buy a piece of property and no one is ever guaranteed zoning". He said that the subject lot is extremely valuable either as a single-family or a 'riplex and that there would still be just value left in the lot as a single-family lot. For the record, Ms. Layn~ ~resented a letter from Ms. Bowein, as was referred to during her pr~sel,c~tion, together with a petition from the Vanderbilt Beach Property Owners Association wit.h the signatures of 51 people along Gulf Shore Boulevard area who are against the rezoning, no signatures for it, and with two persons uncommitted. Mr. Lloyd Bowein, who stated that he resides at the same address as Ms. Bowein, emphasized that what is desired is to preserve the three-unit status and that if there is some way to limit it to three units that ~~lJld be satisfactory. He said that what prompted the request is that a letter r---: r---'" r---' '1 I . ~.l o ! (:=1 January 22, 1980 was received from someone on the County staff that said the present use is non-conforming and that it had to revert back to single-family residence; however, he said that it was explained that the use was grandfathered in later on. Mr. Ed Vines, subject area resident, advised the Board that his knowledge of the property pre-dates t~e purchase by the present owner and said that the builder constructed the property as a single-family home with an apartment for his invalid daughter; however, he said that the present owner rebuilt it adding another apartment or two. He said that the three streets in the vicinity were always zoned for individual homes with the properties on either side zoned semi-commercial. Mr. Walter Wilde, Director of the Vanderbilt Beach Property Owners Association, said that the Deed of Restrictions established in 1953, as recorded, stipulates residential for the sUbject lot and that such restrictions should have been followed by the property owner and/or purchaser. Further commenting, Mr. Wilde said that the property is not eligible for "R-T" zoning since it does not meet the setback requirements. (Note: Commissioner Archer joined the meeting at this time - 10:35 A.M.) Mr. Gordon Hughson, subject area property owner, relinguished his time to a later speaker. Mr. Angelo Montemurro, area preperty owner, commented on his knowledge of the property in question stating that it has had three apartments since 1969 at least and said that he is in favor of the rezoning. Ms. Leola Burt, resident of auj~cent property, explained that the previous speaker has his property for sale and, therefore, does not care whether or not the property's z~ning is changed. Mr. Michael Moore, Ex-rre~ldent of the Homeowners' Association, opposed the change in zoning because tl,,! property is located in the only buffered area between the highrises and could set a precedent for other changes and.. thereby, despoil the beauty of the balance of Vanderbilt Beach. Mr. Wallace Lewis, property owner in the Pine Ridge Road/Airport Road vicinity, stated that he and his family own 160 acres, one mile of frontage on Airport Road, south of the other properties being discussed in Petition CP-79-9C and expressed concern about the development in the area. It was his suggestion that the Board defer changing the zoning at this time bOCK 051 rm115 , I I d"'~~,';,~1li~' "'"'::lI!oo..;.'. .1-; January 22, 1980 eoox 051 PAGEi16 until concrete plans are submitted for development. He expressed agreement with the AAA proposed buildfng on one of the parcels; however, he said that due to the increase in property values, it fs possible that the church property might be resold and the church constructed elsewhere. In summation, Mr. Lewis said that he would like to see tile County mafntain control over this property and monitor the development carefully. Commissioner Wimer brought to Mr. Lewis' attention that onf.' of the parcels is to be developed as "Professfonal-Commercial" which will eliminate "GRC" zonfng requests. Mr. Lewis reiterated his agreement with such zoning but again asked that the plannfng be "delicate" on the land that lies between 1-75 and Airport Road, extending from Golden Gate Parkway to Immokalee Road. There were no additional persons regfstered to speak, whereupon Commissioner Wimer moved, seconded by Commfssioner Brown and carried unani- mously 5/0, that the publfc hearing be closed. Commissfoner Wimer moved to follow the staff's recommendatfons and adopt Ordinance BO-7, as entitled below, wfth regard to Petftion CP-79-9C amending the Comprehensfve Plan for three parcels of land located along Pine Ridge Road and Airport Road from 0-4 Residential to Commercial. Com- mfssioner Brown seconded the motion which carried unanimously 5/0. To respond to the request for clarffication of the Board's actfon b' Mr. Wilde, Commissioner Archer saiu that the staff recommendation was accepted which included the denial of the request for Comprehensive Plan change for the property located in the Vanderbilt Beach area. ORuINA~JCE 80 - ..:L- AN ORDINANCE AlilENOING ORDINANCE 79-32 THE COMPREHENSI'VE PLAN OF COLLIER COUNTY, FLORIDA BY BY AMENDING THE LAND USE PLAN WORK STUDY AREA 2 BY CHANGING THE LAND USE FROM 0-4 RESIDENTIAL TO COMMERCIAL ON LAND LOCATED IN THE SW1a OF SECTION 12, TOWNSHIP 40 SOUTH, RANGE 25 EAST, AND BY PROVIDING AN EFFECTIVE DATE. . ---- ., I , ;--, '--1 - ',i,.l;'ftf" ", : ,....., m. , ....'iCi,1~~.\f'l;;~"~..:,' " " 1 I c::l .---. January 22, 1980 ORDINANCE Bo-a RE PETITION R-79-42C, PLANNING DEPARTMENT, REQUESTING REZONING OF VARIOUS LANDS IN THE COUNTY FROM VARIOUS ZONES TO VARIOUS ZONES AS PART OF ANNUAL REVIEW - ADOPTED Legal notice having been published in the Naples Daily News on December 21, 1979 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was held to consider Petition R-79-42C, as filed by the Planning Department, requesting the rezonin~ of various lands in the County to correct conflicts between the zoning and the Land Use shown on the Comprehensive Plan, and to correct inequities in the present zoning. Ms. Lee Layne, Planner, located the six parcels of land on the map displayed for the purpose as being those parcels shown in yellow, and are as follo~,".: 1. "A" to RS,-l" - W\s of SE~ 1 ess South 340 I and 1 ess the North 800' of Section 2, Township 49 South, Range 25 East. The "RS-l" complies with the Comprehensive Plan for the area. The area is an unrecorded subdivision and the majority of the land is smaller than the 5 acres required for Agriculture zoning. ' Staff received a request for rezoning from over 50% of the property owners in the subject area, located on Yarberry Lane north of Pine Ridge Industrial Park. Filed for the record was a letter from Ann H. Teute opposing the zoning change due to the possible aggravating of the drainage problem. 2. "GRC" to "RS-3" - North 275' of Block 30, Unit 2, Golden Gate City, the site of the Methodist Church in Golden Gate. The present "GRC" zoning does not comply with the Comprehensive Plan which shows 0-4 Land Use for the parcel. 3. "RS-3" to "RT" - Lot 31, Block A, Conner's Vanderbilt Beach Estates, Unit 1. Considered as a Comprehens'i':e Plan amendment - See action taken by the Board on Petition CP-79-9C. 4. "A" to "PC" - Portions of Section 12, Township 49 South, Range 25 East (3 parcels). Considered as a Comprc!h,':n~ive Plan amendment - See action taken by the Board on Petitior CP-79-9C. 5. "A" to "RO" - E\s, S~, <,WI:(, :;ection 12, Township 49 South, Range 25 East - YMCA site. "RO" zoning complies with the Comprehensive Plan and said zoning complies with County policy that recreational uses should be zoned as a recreational zone. 6. "A" to "RS-3" .. Portions of Section 12, TownShip 49 South, Range, 25 East - Barron Collier High School site. The school is presently a non-conforming use in the "A" District. "RS-3" is an appropriate zone and complies with the Comprehensive Plan in the subject area. According to the Attorney General, schools must conform to local zoning and Comprehensive Plans. eo~K 051 PACl:-11.7 .~ r ,.0- j l .--- "'...-00. '. .____. .. :-,'....:.'..,~~'.t,I:\.1'1.~,.,kA.!.'~ ~___~,l_~;~~".'..._~_,_ yk ~#t'~ ":}"" '" '4 ...;L-~~~-:'\i'-?i'f~iJo:t..~ j - - -~.:: - -.~~~ii.~?~,;:"..~,:,::~,.:..:.~~ I . (\ January 22, 1980 051 pm118 Ms, Layne said that the CAPC held their public hearing on December 20, 1979 and recommended approval of items 1, 2, 4, 5. and 6. and denial of Item 3. Responding to Mr. Wallace Lewis, owner of property adjacent to one of the parcels under discussion, Ms. Layne said that the proposed rezonings are not considered to be "spot" zoning. When asked by Mr. Lewis if the Commission is in agreement with Ms. Layne, Commissioner Wimer responded in the affirmative. There were no other persons indicating a desire to address the matter, whereupon Commissioner Archer moved, seconded by Commissioner P1stor and carried ~nanimously,. that the public hearing be closed. Commissioner Archer moved that the ordinance, as numbered and entitled below, be adopted, pursuant to the recommendation of the Planning Depart- ment that Parcels 1, 2, 4, 5, and 6 be approved for rezoning, and that rezoning of Parcel 3 be denied. ORDINANCE ao - L- AN ORDINANCE AMENDING ORDINANCE 76-30 THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF THE COASTAL AREA PLANNING DISTRICT BY AMENDING THE OFFICIAL ZONING ATLAS MAPS NUMBER 49-26-6 & 49-25-' AND BY REZONING THE FOLLOWING DESCRIBED PRO- PERTIES FROM: GRC TO RS-3 - N 275' OF BLOCK 30, UNIT 2, GOLDEN GATE C:;:ITY' A TO RS-1 - W\ OF SE\ LESS SOUTH 340' AND LESS NORTH aDO' THEREOF OF SECTION 2 TOWNSHIP 49 SOUTH, RANGE 25 EAST: A TO RS-3 - THE BI-\RRON COLLIER HIGH SCHOOL SITE; A TO RO - YMCA SITE' A TO P C - A PARCEL OF LAND IN THE S~ OF SECTION 12, TOWNSHIP 49 SOUTH, RANGE 25 EAST, AND BY PROVIDING AN EFFECTIVE DATE. ORDINANCE 80-9 RE PETITION R-79-?9C, WENDY'S INTERNATIONAL, INC., REQUEST- ING REZONING FROM "RM-l" TO "GR\:" FOR PROPERTY LOCATED ON LOT 65, NP.PLES IMPROVEMENT CO. LITTLE FARMS - ADOPTED; PETITIONER'S AGREEMENT TO STIPU- LATIONS - ACCEPTED Legal notice having been published in the Naples Daily News on Cecember 21, 1979 as evidenced by Affidavit of Publication filed with the Clerk, publ ic hearing was opened to consider Petition R-79-39C, as filed by Wendy's International, Inc., requesting rezoning from "RM-l" to "GRC" for property located on the East 100' of the Westerly 270' of Lot 65, Ntples Improvement Co. Little Farms, for the purpose of constructing a restaurant. r-' .'! r~l r--'...'.., CJ r- ) January 22. 1980 Planner Lee Layne located the sUbject property on the map provided, noting that it is at the NE Corner of U.S. 41 and Shady Rest Lane, North of Dick Devoe Cadillac property. She noted that the petitioner's land is divided into two zoning districts and that he wishes to convert to one zoning district for the aforementioned purpose. Further, said Ms. Layne, the Comprehensive Plan shows the parcel as Commercial Land Use but it is zoned for residential and, under the new law, zoning must comply with the Plan, Ms. Layne said that the petition has been reviewed by and recommended for approval by all County agencies in their areas of c~ncern with the following stipulations: 1. Detafled site drainage plan and site plans be submitted to the County Engineer for review and approval prior to the issuance of any permits for the revised building layout. (WMAB) 2. Traffic circulation plan must be approved by the Traffic Planner prior to the issuance of any building permits. (Planning) Continuing, M s, Layne said that the CAPC held their public hearing on Oecember 20. 1979 and recommended approval of the petition with the additional following stipulation: 1. There be a sfngle curb cut at the center of the property. Mr. W. Paul Callahan, of Wendy's International, Inc., Atlanta, Georgia, explained briefly why the rezoning is being requested and noted his firm's willingness to comply with the stipulations. There were no other persons to speak on the matter, whereupon Com- missfoner Archer moved, seconded by Commissioner Pfstor, that the public hearing be closed. Mr. Mike Zewalk, local r~sident, inquired about the disposition of the trailers which are behind the property, with Ms. Layne responding by stating that it is her Il",derstanding that some of them will be moved; however, she said that the petftioner does not own all of the land on which the trailers are placed anll, although they are non- conforming, there are "rights" involved. Upon call for the Question, the motion carried unanimously. MOK 051 PAGE 119 f"" r" '...-.. _4._____.___.____ t. ....".'..,:-.:".. . . ,.~.I..l ......,. , '"" January 22, 1980 ~oax 051 PAGE12C1ommissioner Archer moved, seconded by Corrmiss1oner Pistor and unanimously carried 5/0, that the ordinance, as numbered and entitled below, be adopted and entered into Ordinance Book No. 11, and that the petitioner's Agreement to the stipulations be accepted. ORDINANCE 80 - ~ AN ORDINANCE AMENDING ORDINANCE 76-30, THE COMPREHENSIVE ZONING REGULATIONS FOR TilE UNINCORPORATED AREA OF THE COASTAL AREA PLANNING DISTRICT BY AMENDING TilE ZONING ATLAS MAP NUMBER 49-2'5-5 BY CIIANGING THE ZONING CLASSIFICATION FROM RM-l MULTI- FAMILY TO GRC GENERAL RETAIL COMMERCIAL ON THE FOLLOWING DESCRIBED PROPERTY: THE EAST 100 FEET OF THE WESTERLY 270 FEET OF LOT 65, NAPLES IMPROVEMENT COMPANY's LITTLE FARMS AND BY PROVIDING AN EFFECTIVE DATE * * * * * * * r--- - t I I r., r~'''-) .... .. ,,',I.'':' _ ~~" \. January 22, 1980 051PACE1U OROINANCE 80-10 RE PETITION R-/9-37C, KINGS LAKE NORTH, REQUESTING AMENDMENT OF BRIDLEPATH PUD DOCUMENT - ADOPTED; PETITIONER'S AGREEMENT TO STIPULATIONS _ ACCEPTED Legal notice having been published in the Naples Daily News on December 21, 1979 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition R-79-37C, filed by the developers of Kings Lake North, requesting an amendment of the Bridle- path PUD document, for property located in Section 6, Township 50 South, Range 26 East. Planner Lee Layne located the property on the map provided as being on th~ North Side of Davis Boulevard, across from Kings Lake South. She noted that the petition has been reviewed and approved by all County agencies in their areas of concern, with the exception of the School Board, with the following stipulations: 1. Final water management plans and calculations shall be submitted to the WMAB prior to any construction. (WMAB) 2. Maintenancp. of drainage and lake system by the Home Owner's Association. (WMAB) 3. Amendment of the PUD Document as specified in Paragraph 4 of the Staff Report. (The petitioner has submitted a revised PUD Document incorporating the subject changes - noted by Ms. Layne. ) Ms. Layne continued by reporting that the School Board has reviewed the petition and will give no favorable endorse~~nt since the developer has made no provision for educational facilities, adding the comment that the development was approved in 1974 by the subject Board with no request for additional facilities. She said that at that time there were 1226 units approved and noted th~i. the present petition proposes to reduce the nU~I;;(!r of units by 299. ':ha~/":l,an Wenzel inquired if there were any donations, impact fee, or the like invo:ved with Ms. Layne responding in the negative with the comment that the School Board did not request any at that time. It was pointed out by Ms. Layne that the CAPC held their hearing on December 20, 1979 and recommended forwarding the petition to the Board with a rncommendation of approval subject to the aforesaid stipulations. r' ,--, r- ---., ,.,',t ';'if'......."', _'. ,._'.i''''~, ,,~.,r...":.., I~.:.J C--) :1 ~ " January 22, 1980 Mr. Wafaa Assaad, of Wilson, Miller, Barton, Soll & Peek, Inc.. represented the petitioner and observed that with him were Mr. William Higgs, representing the developer. Tom Maloney, Legal Coun~el, and Mr. Tom Peek of the aforesaid firm. He said that the changes are essentially the removal of the horseback riding facilities, the substitution of an 18-hole golf course, and the reduction in density by 299 units. There were no other parties registered to address the petition, whereupon Commissioner Archer moved, seconded by Commissioner Pistor and unanimously carried, that the public hearing be closed. Commissioner Pistor moved that the ordinance, as numbered and entitled b~low, be adopted, and that the petitioner's Agreement to the stipulations imposed be accepted. The motion was seconded by Commissioner Archer and carried 4/1 with Chairman Wenzel voting in opposition. ORDINANCE 80 - -1Q.... AN ORDINANCE AMENDING ORDINANCE 76-30, THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF THE COASTAL AREA PLANNING DISTRICT BY A:'~NDING THE ZONING ATLAS MAP NUMBER 50-26-3 BY CHANGING THE ZONING CLASSIFICATIO~ OF THE HEREIN DES- CRIBED PROPERTY FROM "PUD" PLANNED UNIT DEVELop~mNT TO "PUD": A PORTION OF SECTION 6, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA AND BY PROVIDING AN EFFECTIVE DATE i I I i I :J I 'I MOK 051 PAGf1Z3 '1 ;'i , I , i , ~ I } ;, , '\ r I I ,- I.J r ~, January 22, 198D ORDINANCE SO-II AMENDING ORDINANCE 69-2 RE PROHIBITION OF CAMPING DURING THE NIGHT TIME ON THE R-O-W OF THE W.J.JANES MEMORIAL SCENIC DRIVE TO CORRECT ERROR IN LEGAL DESCRIPTION - ADOPTED Legal notice having been publiShed in the Naples Daily News on January 3, 1980 as evidenced by Affidavit of Publication filed with the Clerk, p!lblic hearing was held to consider a proposed ordinance amending Ordinance 69-2, with regard to the prohibition of camping during the night time on the right-of-way of the W. J. Janes Memorial Scenic Drive, to correct an error in the legal description contained therein. FOllowing a brief explanation of the subject error by Assistant County Attorney Anthony Pires, Commissioner Wimer moved, seconded by Commissioner Archer and carried, that the public hearing be closed. Commissioner Wimer moved, seconded by Commissioner Brown and unanimously carried 5/0, that the ordinance" as numbered and entitled below, be adopted and entered into Ordinance Book No. 11. ORDINANCE NO. 80-~ AN ORDINANCE PROHIBITING CAMPING DURING THE NIGHT TIME ON THE RIGHT-OF-WAY OF THE W. J. JANES MEMORIAL SCENIC DRIVE IN COLLIER COUNTY, FLORIDA; PROVIDING A LEGAL DESCRIPTION; REPEALING COLLIER COUNTY ORDINANCE NO. 69-2; PROVIDING DEFINITIONS; PROVIDING PENALTIES FOR VIOLATIONS: PROVIDING AN EFFECTIVE DATE. 'JRDINANCE 80-12 AMENDING ORDINANCE 70-10 RE PROHIBITION OF POSSESSION OF GUNS IN WORKABLE CONDITION ON THE W.J.JANES MEMORIAL SCENIC DRIVE TO CORRECT ERROR IN THE LEGAL DESCRIPTION - ADOPTED Legal notice having been published in the Naples Dail) News on January 3, 1380 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was h~l~ to consider a proposed ordinance amending Ordinance 70-10 with regard 1.~ the prOhibition of possession of guns in workable condition on the W.J. Janes Memorial Scenic Drive to correct an error in the legal description contained therein. Following brief explanation of the subject error by Assistant County Attorney Anthony Pires, Commissioner Wimer moved, seconded by Commissioner Brown and unanimously carried, that the public hearing be closed. &OOK 051 PACf125 "1 " ',;t~:,\ _..~.:~_.- 051 PACE 126 January 22, 1980 Commissioner Wimer moved, seconded by Commissioner Brown and carried unanimously 5/0, that the ordinance, as numbered and entitled below, be adopted and entered into Ordinance Book No. 11. ORDINANCE NO. 80-~ AN ORDINANCE PROHIBITING THE TRANSPORTATION OR POSSESSION OF GUNS IN WORKABLE CONDITION ON TilE W. J. JANES MEMORIAL SCENIE DRIVE IN COLLIER COUNTY, FLORIDA, REPEALING COLLIER COUNTY ORDINANCE NO. 70-10; PROVIDING AN EFFECTIVE DATE. * * * RECESS: 11:15 A.M. until 11:25 A.M. * ." ." CREATION OF SPECIAL ASSESSMENT DISTRICT FOR IMPROVEMENTS TO EASTERLY PORTION OF BENSON STREET AND APPROVAL OF PRELIMINARY ASSESSMENT ROLL- ADVERTISING AUTHORIZED FOR PUBLIC HEARING FEBRUARY 19, 1980 Commission~r Archer moved, seconded by Commissioner Pistor and unanimously carried, that the creation of a Special Asses~ment District for improvements to the easterly portion of Benson Street and approval of the preliminary assessment roll be advertised for public hearing on February 19, 1980. PROPOSED AMENDf1ENT TO ORDINf,NrE 78-47, CREATING THE NAPLES PARK STIlEET LIGHTING DISTRICT, REDUCING THE MILLAGE CAP - ADVERTISING AUTHORIZED FOR PUBLIC HEARING FE~RUARY 12, 1geO Commissioner Archer moved, seconded by Commissioner Pistor and lmanimously carried 5/0, that a proposed amendment to Ordinance 78-47, which created the Nc:ples Park Street Lighting District, to reduce the millage cap from two mills to 1.5 mills, be advertised for public hearing February 12, 1980. RESOLUTION 80-15 RE PETITIm: c;Nfl-79-13C, MRS. MURIEL MARTIN, REQUESTING STREET NAME APPROVAL OF "JRD ,iTREET, SE" FOR STREET LOCATED IN SECTION 15, T49, R27E, GOLDEN CATE ESiATrs - ADOPTED Planner Lee Layne repot'~ed that a petition has been received signed by 50% plus 1 of the affected residents requesting that the name of "3rd Street, S.E." be approved, for mailing and identification purposes, and, also, to implement the house-numbering ordinance, for that certain street located south of Unit 13, Golden Gate Estates, 1 mile south of Golden Gate Boulevard and 5~ miles east of S.R. 951, in Section 15, Town~hip 49 South, Range 27 East. f' r'."-' " r .., I,.;~ , l 'I:' January 22. 1980 Commissioner Wimer moved, seconded by Commissioner Brown and carried by unanimous vote, that Resolution 80-15 with regard to Petition SNR-79-13C, as detailed above, be adopted. I I . , * * * * * * * 11: * if ~oox 051 pm 12:7 , January 22, 1980 WATER WELL PERMIT 65.257, MARIA CARNICERO, FOR ONE 6" WATER WELL IN S2, T49S, R25E - APPROVED FOR ISSUANCE, WITH STIPULATIONS ~~:~ Os1l ~CE~ Public Works Administrator/Engineer Clifford Barksdale explained that, since the well requested by Maria Carnicero will be located in the Naples Aquifer, the County Extension Director recommended that the Water Management Advisory Board review and approve the permit request. He said that the WMAB recommended approval during its meeting of January 9, 1980 subject to the following stipulations: 1. Pumping shall be limited to 350 GPM. 2. If additional capacity is required, application may be submitted for an additional well to be constructed at least 1000 feet away from the first well. 3. That a copy of the driller's log be submitted to the County Engineer upon completion of the drilling operation; and that a water analysis regarding water quality be submitted to the County Engineer. Commissioner Wimer moved, seconded by Commissioner Pistor and unanimously carried, that Water Well Permit 65.257, pursuant to application by Maria Carnicero, for one 6" water well in S2, T49S, R25E, be approved for issuance subject to the stipulations listed above. AMENOMENT NO. 2 TO AGREEMENT BETWEEN BCC AND GREINER ENGINEERING SCIENCES, INC. RE HENDERSON CREEK WATER CONTROL STRUCTURES - APPROVED FOR CHAIRMAN'S SIGNATURE Public Works Administrator/Engineer Clifford Barksdale explained that the Agreement between the Board of County Commissioners and Greiner Engineer- ing Sciences, Inc. to provide professional engineering services for the design and construction of Henderson Creek and Henderson Creek Canal Water Control Structures provides tHat the hourly rates used in connection with the performance of any additional services which the County may authorize would be revised annually. Pursuant to this provision, said Mr. BarksaJl~, the firm hds presented Amendment No.2 to said Agreement which reflects the latest raise granted to their personnel effective October 1, 1979. Commissioner Archer moved, seconded by Commissioner Pistor and carried unanimously 510, that Amendment No. 2 to subject Agreement be approved for the Chairman's signature. r r-----' MOX fJ51 PAGE 132 PURCHASE OF 15 C,Y. ELEVATING JOHN DEERE PAN FROM UNITED TRACTOR, FORT MYERS, FLORIDA, IN THE AMOUNT OF $48,000, FOR USE AT NAPLES LANDFILL- AUTHORIZED January 22, 1980 Public Works Administrator/Engineer Clifford Barksdale reviewed briefly the information contained in the Executive Summary submitted wherein it is recommended that the Board approve the purchase of a 15 c.y. Elevating Pan for use at the Naples Landfill. He explained the necessity for the equipment and noted that the equipment was approved in the Capital Improvement Program, at an estimated cost of $100,000, and planned for expenditure in the next budget year (80-81). Continuing, Mr. Barksdale said that the Solid Waste Department has located three used elevating pans and that an inspection of one of the 15 c.y. pans revealed that the machine is in excellent condItion and has been tested at the land- fill sHe. Commissioner Wimer moved for approval of the staff recommendation and to authorize the purchase of a 15 c,y. Elevating John Deere Pan from United Tractor, Fort Myers, FlorIda, in the amount of $48,000, and that the Fiscal Officer submit to the Board the necessary budget amendment to provide the funds for the purchase. The motion was seconded by Commis- sioner Pistor and unanimously carried. RECLASSIFICATION OF LANDFILL SUPERVISOR, NAPLES, TO LANDFILL SUPERVISOR II (PAY GRADE #34), AND OF HEAVY EQUIPMENT OPERATOR/FOREMAN (IMMOKALEE) TO LANDFILL SUPERVISOR I (PAY GRADE 629) - APPROVED Public Works Administrator/Engineer Clifford Barksdale reviewed briefly the informatIon contained in the Executive Summary with regard to his recommendation for approvdl of position classifications of Land- fill Supervisor I and II, noting that the positions are to provide for the su~p~vision of landfill operations at two levels of re~ponsibility _ Immolc"l"l: Landffll and Naples Landfill. Chairman Wenzel questioned why the reclassifications were being proposed in the middle of the current fiscal year instead of at the beginning of the year with Mr. Barksdale responding that, as problems are identified and recognized. an attempt is made to straighten them out at that time. I ---:-1 L_J January 22, 1980 Commissioner Archer moved, seconded by Commissioner Pistor and unanimously carried, that the Board approve the reclassification of the two existing positions - Landfill Supervisor, and Heavy Eqdpment Operator/ Foreman, to Landfill Supervisor II (Pay Grade 34), and Landfill Supervisor I (Pay Grade 29), respectively; and, that the Board approve the job descriptions, as submitted. PETITION TO ESTABLISH ROAD IMPROVEMENT DISTRICT FOR GRIFFIN ROAD _ ACCEPTED; STAFF AUTHORIZED TO PROCEED WITH ACQUISITION OF RIGHTS-OF-WAY AND PREPARATION OF FEASIBfLITY REPORT AND COST ESTIMATES FOR PRESENTATION TO THE BOARD Pursuant to recommendation by Public Works Administrator/Engineer Clifford Barksdale, Commissioner Archer moved, seconded by Commissioner Pistor and unanimously carried, that,the petition from the property owners along Griffin Road for establishment of a road improvement district be accepted, and that the Engineering Department be authorized to acquire the needed rights-of-way and to prepare a preliminary feasibility report and cost estimates for future presentation to the Board. BOND RESOLUTIONS RE WILLOUGHBY ACRES AREA WATER AND SEWER IMPROVEMENTS (COUNTY WATER SEWER DISTRICT) - CONTINUED UNTIL 1/29 OR 2/5/80, AT REQUEST OF UTILITY DIRECTOR Utility Director Irving Berzon requested that the Board continue for approximately two weeks action on the bond resolutions for the water facilities and the sewer facilities for the Willoughby Acres Area (County Water-Sewer District) water and sewer improvements. There were no objections to the request. BOND RESOLUTION RE MARCO SEWER PHASE I IMPROVEMENTS (MARCO WATER AND SEWER DISTRICT) - CONTINUED UNTIL 1/29 OR 2/5/80, AT REQUEST OF UTILITY DIRECTOR 0tl1ity Director Irving Berzon requested that the Board continue for ~~proximately two weeks action on the bond resolution for the Marco Sewer Phase I Improvements (Marco Water and Sewer District). There were no objections to the request. ORDINANCE 80-13 AMENDING SECTION "G" OF ORDINANCE 79-42 RE AUTOMOTIVE FUEL EMERGENCY, TO LOWER THE NUMBER OF SIGNS REQUIRED - ADOPTED, FOLLOWING OECLARATION OF EMERGENCY Ms. Mindy Bronson, Energy Coordinator for the County, address~~ the Board to request Board action on a proposed amendment to Ordinance 79-42, pertaining to automotive fuel emergency, said amendment Changing Sllction "G" ~M~ n!i1 0'"0 i~~ BOD~ 051 PACE134 of the subject ordinance to eliminate the requirement for a 3' by 4' January 22, 1980 sIgn at the roadside, and permit a l' by 1~' sign on either end of the pump island to suffice. She said the subject signs, to the effect that automotive fuel sales will be made only to vehicles with fuel tanks half or more empty, have been ordered throughfue Municipal Sign Company, noting that they are available this date and that a letter to this effect is being sent to the station owners today advising them as to where the signs can be purchased. Also, said Ms. Bronson, a copy of the amended ordinance will be subsequently furnished to the dealers. Responding to Chainman Wenzel, Ms. Bronson said that the requirement for the signs is applicable to ever.y dealer in Collier County, whether or not they belong to the Reta 11 Gas Oea lers I Association. County Manager Norman commented that it is his understanding that, based on the limited discussion during the meeting of January 15th, the County will not pay for the signs but rather assist in making them avail~ble for purchase, noting that the cost is $4.50 for each sign, the same as the County's cost would be. Brief discussion followed regarding enforcen~nt of the provision with Commissioner Wimer observing that the majority of the people are law-abiding and will abide by what the County is trying to do, and Commissioner Pfstor commenting that the Board is not in favor of any preferential treatment for out-of-state licenses on cars. 'I " Commissioner Archer moved that an emergency be declared. The motion was seconded by Commissoner Pistor and carried unanimously 5/0. Commissioner Wimer moved that the ordinance, as numbered and entitled bel~w, b~ adopted and entered into Ordinance Book No. 11. The motion was se~~nded by Commissioner Archer and carried unanimously 5/0. ORDINANCE NO. 80-~ AN EMERGENCY ORDINANCE ALmHDING SECTION G. OF ORDINANCE NO. 79-42 TO LOt~R THE NUMBER OF SIGNS REQUIRED AT EACH SERVICE STATION UPON A DECLARA- OF AN AUTOMOTIVE FUEL EMERGENCY; PROVIDING AN APPEAL, PENALTY, SEVERANCE AND CONSTRUCTION CLAUSES; DECLARING AN EMERGENCY TO EXIST; PRO- VIDING AN EFFECTIVE DATE. r---> r----l r i I ! --~l r----J January 22, 1980 BCC CONFIRMS APPOINn~ENT OF TERRY L. VIRTA AS COMMUNITY DEVELOPMENT ADMINISTRATOR, PURSUANT Tn RECOMMENDATION BY COUNTY MANAGER, AND AT THE SALARY INDICATED County Manager C. Willi~m Norman reviewed briefly the steps which have been taken in the matter of the appointment of a Community Develop- ment Administrator for the County, as contained in the Executive Summary prepared by him and distributed. Be said that well in excess of 100 applications were received for the position and that six persons were interviewed, with a disinterested but concerned panel being invited to assist him in this regard, noting that such assistance was very helpful. Mr. Norman said that the final result and recommendation is that the Board appoint Mr. Terry L. Virta, now the Executive Director of the Tippecanoe County Area Planning Commission in LaFayette, Indiana, which he said is a multi-jurisdictional planning agency and serves the county where Purdue University is located. I1r, Norman provided the Board with details of Mr. Virta's experience and qualifications for the position. Concerning his proposed salary, Mr. N~rman recommended a salary of 5% above the beginning rate for the position which equates to $27,190 and which, in his opinion, is comllensurate with Mr. Virta's experience and background, and appropriate for the responsibility he will have to undertake. Chairman Wenzel inquired about sufficient funds being available in view of the fact that the former Administrator has been retained as a I ConsuHant and will be receiving part of the subject salary. Mr. Norman e~~lained that when the pertinent budget ~as adopted the aforesaid position was retained to provide the funds for Dr. Spagna's positon and that a Planner I position was deleted. Commissioner Wimer moved for approval of the appointment of Mr. Terry L. Virta as Community Development Administrator, at the salary indicated. The motion was seconded by Commissioner Pistor and carried 3/2 with Chairman Wenzel voting in opposition and, also, Commissioner Brown who commented that , he could not vote to "take on" any more personnel for the Planning Depart- ment, his reason being that, in his opinion, the present Planning Department can handle the workload. OM\ nJ;1 '''....,~ ,1 ~ 1"- tl I.-I . .... .~.....,,, &OOK 051 PAGE 136 January 22, 1980 ROUTINE BILLS - AUTHORIZED FOR PAYMENT Commissioner Pistor moved, seconded by Commissioner Archer and carried, that the bills be approved for payment, having been processed following established procedure with funds available, as witnessed by the following warrants issued from January 16, 1980 through January 22, 1980: FUND BCC Payroll WARRANT NOS. 7850 - 8303 3558 - 3768 County Warrants BUDGET AMENDMENT 80-20 TO TRANSFER FUNDS TO PURCHASE CALCULATOR RE ENGINEERING DEPARTMENT - ADOPTED IN THE AMOUNT OF $500 Pursuant to Fiscal Officer Harold Hall's brief description of the type of calculator requested for purchase, Commissioner Wimer moved, seconded by Commissioner Archer and unanimously carried, that Budget Amendment 80-20 to transfer funds to purchase a calculator which performs geometric survey functions for the Engineering Department, be adopted in the amount of $500. * * * * * * r -, r-., " J v January 22, 1980 BUDGET AMENDMENT 80-21 TO TRANSFER FUNDS TO PURCHASE FILING CABINETS RE ENGINEE!liN~DEPARTMENT - ADOPTED IN THE AMOUNT OF $250. I BO:l~ 051 pI.GE138>nmissioner Wimer moved, seconded by Commissioner Archer and unanimouSly carried, that Budget Amendment 80-21, to :" "'sfer funds to purchase filing cabinets for the Engineering Department, be adopted in the amount of $250. BOARD OF COUNTY CO~mISSIONERS COLLIER COUNTY, FLORIDA BUD, GET' A N E- n D MEN T: ~ Requires Board Approval ' 'L:7 Does Not RequirerBoard Approval , , " ,(tr,a,n,s,fer ,~i,t.hin ,ob.jec,t, ,co,d.e ,r,a,n.g.e,> FUND GENERAL DEPT. ENGINEERING DESCRIPTION: To transfer funds from "Office Supplies" to "Office Equipment and Furniture" to purchase one A-drawer legal size filing cabinet and one 2-drawer legal size filing cabinet. TO (Increase): Office Equipment and Furniture 001-541-1-12-67-010-642 $ 250 FROM (Source of Funds) : Office S\::,plies 001-541-1-12-67-010-510 $ 250 oard of County Comm. BUDGET AMEND. pprova1: DISTRIBUTION: 'fJ Board. Records (Original) FiSCi'll Officor Dcpartment(s; ^ffected Date: January 22, 1980 No.80-21 /Xl Accounting Department ZX7 Purchasing (Equipm~nt Only) L37 BUdgot ^nalY8t Rev.12/1717911LH - r---'1 r --, __-I [--J January 22, 1980 CHAIRMAN AUTHORIZED TO SIGN CERTIFICATES OF CORRECTION TO TAX ROLL COIlluissioner Archer I11I)ved, seconded by Conrnissioner Wimer and unanimously carried, that the Chairman be authorized to sign the fOllowing Certificates for Correction to the Tax Rolls: Nos. Tangible Tax Roll 1979-140 325-328 332-335 Dated 1/11/80 1/15-1/16/80 1/16/aO RESIGNATION OF ALTERNATE MEMBER JOHN R. WOOD FROM EMS COUNCIL - ACCEPTED; APPROPRIATE LETTER AND CERTIFICATE OF APPRECIATION AUTHORIZED FOR CHAIRMAN'S SIGNATURE Pursuant to letter dated January 17, 1980 from John R. Wood, Commissioner Archer moved, seconded by Commissioner Pistor and unanimously carried, that Mr. Wood's resignation as Alternate Member on the Emergency Medical Services Advisory Council be accepted, and that an appropriate letter and Certificate of Appreciation be authorized for the Chairman's signature, PROPOSED AMENDMENT TO CHAPTER 74-462, LAWS OF FLORIDA, RE PELICAN BAY IMPROVEMENT DISTRICT TO POSTPONE ELECTION OF BOARD OF SUPERVISORS FOR DISTRICT UNTIL NOVEMBER, 1982 - APPROVED Administrative Aide to the Board Mary Morgan referred to the letter, dated January 17, 1980 from Gary L. Moyer, Manager, Pelican Bay Improve- ment District, enclosing a Resolution approving and declaring a need to amend Chapter 74-462 Laws of Florida, as adopted by the District January 16. 1980. Ms. Morgan ~aid, as contained in the subject letter, that the proposed amendment to the enabling Act is necessary due to the fact that there will not be enough qualified electors or candidates in the District by November, 1~30. uS provided for in the Act, and will delay the election for two ve~'~ - until November, 1982. Commissioner Archer moved, seconded by Conrnissioner Wimer and unanimously carried, that the Board approve the amendment being proposed by the Pelican Bay Improvement District, as detailed above. I :1 'I BOARD CONFIRMS REVISED LEGISLATION PERMITTING FLEXIBILITY IN MILEAGE ALLOwANCE FOR Bee TRAVEL, AS PREPARED BY COUNTY ATTORNEY AND SUBMITTED TO THE LEGISLATIVE DELEGATION Commissioner Wimer moved, seconded by Conrnissioner Archer and unanimously carried, that the revised legislation permitting fleXibility BOnK 051 p~~~139 , ;~ 800~ 051. PAGE140 in mileage allowance for Board of County Commissioners' travel, as January 22, 1980 prepared by the County Attorney and submitted to the Legislative Delegation, be confirmed, as detailed in the Memorandum dated January 16, 1980, prepared by County Attorney Pickworth. TRAVEL REQUEST FOR COMMISSIONERS TO ATTEND SACC MEETING IN ORLANrO, FLORIDA ON FEBRUARY 20-22, 1980 - APPROVED Commissioner Archer moved, seconded by Commissioner Pistor and unanimously carried, that the Board be authorized travel to the SACC meeting to be held in Orlando, Florida on February 20 - 22, 1980. CHAIRMAN AUTHORIZED TO SIGN FY 1981 SUB GRANT APPLICATION FOR LEAA FUNDS FOR COMMUNICATIONS UPGRADE PROJECT RE SHERIFF'S DEPARTMENT Commissioner Archer moved, seconded by Commissioner Pistor and unanimously carried, that the Chairman be authorized to sign the FY 1981 subgrant application for LEAA funds for the Communications Upgrade Project for the Sheriff's Department. * * * , , I I * * * * * * I r---1 r' :1---- I - , I ,- -'"7) CJ January 22. 1980 RESOLUTION 80-16 (SUPERSEDING RESOLUTION 7a-143), LETTER. AND AGREEMENT FOR EDUCATIONAL SERVICES RE LEAA GRANT FOR NAPLES WILDERNESS ALTERNATIVE PROGRAM - RESOLUTION ADOPTED AND CHAIRMAN AUTHORIZED TO SIGN ALL SUBJECT DOCUMENTS ' Commissioner Archer moved, seconded by C~mmissioner Pistor and unanimously carried, that Resolution 80-16 (superseding Resolution 78-143) re LEAA Grant for the Naples Wilderness Alternative Program, be adopted, and that the Chairman be authorized to sign letter and Agreement for Educational Services pertaining to same. * * * * * * * * MOX 051 pm1AO January 22, 1980 BO:)~ D51 PACE 150 BCC ACCEPTS OFFER BY SFWMD TO MAKE PRESENTATION ON STATUS OF LOWER WEST COAST WATER PLAN Administrative Aide to the Board Mary Horgan advised that a repre- sentative of the South Florida Water Management District has inquired as to whether or not the Board would like to have the District's technical staff make a presentation on the status of the lower west coast water plan as prepared by the District Commissioner Pistor moved, seconded by Commissioner Archer and unanimously carried, that the Board accept the offer by the District. BCC ENDORSES ACTION TAKEN BY REGIONAL PLANNING COUNCIL OPPOSING PROPOSED LEGISLATION TO TRANSFER RESPONSIBILITY FOR DRI TO WATER MANAGEMENT BOARDS, AS REQUESTED BY SACC - APPROPRIATE RESOLUTION TO BE PREPARED BY COUNTY ATTORNEY Commissioner Pistor advised the Board members that it has been suggested by personnel in Tallahassee that the responSibility for DRI's be turned over to the Water Management Boards instead of the Regional Planning Council which he said would take away from the local staffs, BCC, and the like, the authority to pass on or disapprove certain developments. He said that SACC has prepared legislation which they would like the Board to approve which, In essence, would retain the current procedure. Commissioner Wimer moved, seconded by Commissioner Pistor and carried by unanimous vote, that the Board support by resolution the action taken by SACCo County Attorney Pickworth observed that the proposed move should be vehemently opposed and requested a copy of the draft material for his use in preparing a resolution. HUD flCvISES PREAPPLICATIOtl FOR SECOND COI1-1UNITY DEVELOPMENT BLOCK GRANT PROGRA~1 RANY.ED BELOW THE FUNDABLE LEVEL Administrative Aide to the Board Mary Morgan advised the Board that HUD has advised, via correspondence dated January 14, 1980 from Everett H. Rothschild, Area Manager of HUD, that the pre-application for a second grant for Community Development Grant was not ranked high enough to receive funding or an invitation to submit an application. r-~-l r-- .-, f- I , l~} I l [ 1 January 22, 19ao BCC TO ESTABLISH DATE AND TIME FOR MEETING WITH GOLDEN GATE ESTATES RESIDENTS RE INTERIM ACTION PLAN, FOLLOWING RECEIPT OF QUESTIONS TO BE ADDRESSED Administrative Aide to the Board Mary Morgan reviewed the letter dated January 11, 1980 from Paul J. Kruse, President of the Golden Gate Residents and Supporters Coalition, and noted that submitted with the letter was a petition containing 76 signatures indicating that it is the desire of said residents to have the Golden Gate canal system left alone and that they would like a further meeting with the Commissioners on the matter. It was the consensus of tte Board that a meeting be scheduled as soon as a copy of the Questions to be answered is received, as referred to in the subject correspondence. FINAL QUIT CLAIM DEED FOR PARKERS HAMMOCK RIGHT-OF-WAY ACCEPTED FOLLOWING RECORDATION Public Works Administrator/Engineer Clifford Barksdale, via Memorandum dated January 14, 1980 to Ms. Virginia Magri, Supervisor, BCJrd Minutes, submitted for acceptance and recordation the final Quit Claim Deed for the acquisition of right-of-way for Parkers Hammock, as presented by Elizabeth D. Parker. * * * * * * fI,..... .. _ . r - i " , , .---J I ,.'. C'=":J January 22, 1980 C. Docket H790976-KC re application of Builders Trans- port, Inc. for a certificate to transport Gypsum & related products, p.xcept commodities in bulk, from Hillsborough County to all points in Florida. D. Docket #791044-CCT re application of S'Eilliw, Inc. d/b/a Willie's Transfer & Storage, for extension of Certificate No. 635. 28. Departmental Reports as follows: Library-December; Youth Guidance Volunteer Program-quarterly; and Animal Control- December. Filed. REQUEST BY CONSERVANCY FOR APPROPRIATION OF FUNDS TO PROVIDE FOR MONITORING WATERS ENTERIN8 NAPLES BAY - ACTION DEFERRED PENDING RECEIPT OF ADDITIONAL INFORMATION Chairman Wenzel reported that he has been asked by the Conservancy to bring before the Board consideration for appropriating funds for the purpose of installing three monitors at the three river inlets coming into Naples Bay which he said is, apparently, to prove the issue that the Bay is polluted and where the pollution is coming from. The estimated cost, he continued, is $11,000, noting that he suggested that the City pay one-half of the cost and, also, that the possibility of obtaining grants be pursued. Commissioner Brown observed that accurate information is necessary and moved that $6,500 be appropriated for this purpose. The motion died for lack of a second, and was later withdrawn. County Attorney Pickworth suggested that any action be deferred until he has had the opportunity to discuss the matter with the Health Director and with the Conservancy spokesman. This suggestion met with the approval of the Board. * * * * * RECESS: 12:00 Noon until 1:45 P.M. at which time Deputy Clerk Brenneman was replaced by Deputy Clerk Swindle and Commissioner Archer was absent for the remainder of the session. * * * * * COMPLETION OF IMMOKALEE PARK IMPROVEMENT - APPROVED IN THE AMOUNT OF $5,000 _ FISCAL OFFICER HALL TO PREPARE NECESSARY BUDGET AMENrM~NT Chairman Wenzel presented the request made by the Rotary Club of Immokalee and Commissioner Brown for additional funding in the amount of $5,000 in order that the "already-started" improvements to Immokalee Park may be completed. Chairman Henzel read in its entirety, a letter from Mr. George W. Cochran, President of the Rotary Club of Immokalee, which explained and identified the areas of need and the amount of monies necessary for completion of the project. Commissioner Brown stated that in addition BOO~ 051 PAGE 155 -- - " " ,"~'.~~.....",~,"" " , · ' , , ;.. " 0'>"', <. ," :""'''t',:,'" , .. _~___.h"_ .' .._' _"~ .... ,,~_.:..._. _._~.__~____.....,.,. ".'. . ,. "'''~.__ _~.__ f "~"''';'' , ,/.... . -:".:.._p,r , 'I ' r , ' I ! . ; January 22, 1980 BOO;; ()f)Jl ~G~~h~ original monies earmarked from the Parks and Recreation Fund for these improvements, there has been $1,700 donated by the Immokalee residents and approximately $10,000 worth of labor "freely" given. To finish renovation items and planned work in the Park, the following funds are still needed: Picnic tables - materials for 20 tables $2,000 500 Repairs to bathroom plumbing Chain Link fence on BarBQ BUilding with doors and hardware 900 800 Stucco and paint BarBQ Building Electrical supplies and materials for serving counter Total 300 500 f5:OOO Small barbeque grills - five at $100 FOllowing discussion, Commissioner Brown moved, seconded by Commissioner Wimer and carried 4-0 with Commissioner Archer absent, that the com- pletion of the Immokalee Park Improvement Project be authorized in the amount of $5,000 and that Fiscal Officer Hall and County Manager Norman prepare a covering Budget Amendment in a like amount. LEASE AGREEMENT FROM AND SPECIFICATIONS FOR PROVIDIN~ AMBULANCE OPERATION AND MANAGEMENT SERVICES - APPROVED Commissioner Wimer began the discussion by giving a synopsis of what has transpired since the Board of County Commissioners authorized putting the ambulance service out for bids. He explained he had contacted eve-y fire department in Collier County, asking each one the following two questions: (a) Would they like to bid on the ambulance service and (b) Did they want to be in the ambulance business - and even though he had not received a response from all such departments, those he had heard from indicated they had no desire to be in the ambulance business but considered themselves sOlely fire departments. The next step taken, Commissioner Wimer continued, was to have several meetings with the Staff and by incorporating the help received from many other areas regarding the format to be used, drew up the first draft of specifi- cations. After getting all of the preliminary documents together. the consultant, Mr. McKay reviewed the specifications and made several suggestions which have been incorporated in the current document, Mr. ,- ,.. L.___J c.J January 22. 1980 McKay commented that this set of speciffcatfons was one of the best overall he had ever seen. Following this review, the document was presented to the EMS Advisory Council for their perusal which resulted in their comment that it would have been better if there had not been so much paper work but they ~greed with the level of service, the quality of service and the methodology indicated. The newly formed Citizens Advisory Committee was the next body to review the specifications with their recommendations being much the same as the EMS Advisory Council. Commissioner Wimer stated that the Golden Gate area had been the only item not addressed in the initial document and this was because the, volunteer ambulance service went out of business during the development of the specifications but has, subsequently, been incorporated in the individual packet that was distributed to each member of the Board prior to the meeting. He explained that the treatment indicated in the packet would allow the County to go "either way" - without the use of the volunteer ambulance service or, if they reactivate the service, in cooperation with the group - the cost for either method is shown in the document. In conclusion, Commissioner Wimer pointed out the "List of County-owned Capital Equipment" as shown on Page 39 and agreed that County Attorney Pickworth's recommended Changes, as , indicated in his memo of January 21, 1980, be included in the final document. Following Chairman Wenzel's call for comments from the Board, Commissioner ijrown stated he was ready for public discussion of the item; Commissioner Pistor questioned the following statements: (1) Page 1 - the time of the initial contract calls for 4 years and 6~ months - He recommends the time be one year with a review at the end of the year. (2) Page 4 - Item 0 - "Make and retain all patient billings and collections" He questions if this procedure will result in the subsidy program being less. (3) Page 8 - The wording contained in the paragraph which specifies that the transportation of a "deceased person" shall be in a vehicle other than an ambulance - He thinks the words "may be" should be used. (4) Page 16 - Sec. VIII/Item 3 - Reviewed the possibility of the County dOing the billing and recording of the services per- formed by the ambulance firm instead of the method indicated in the documEnt. (5) Page 17 - Sec. VIII/Item 4 - Questions the County being responsible for the co~ts of the Contractor providing additional information as requested uy the County. &OO~ 051 PhCE 157 January 22, 1980 (6) Page 22 - See Item 3 - relates to the same SUbject eo::~ "7) 051 fi\~E 15lJ (8) Page 29 - Questions the lack of identity re Everglades City in the definition of the "Coastal Service Area" Page 33 - Wants the base rates to indicate what services are included in the figures. Chairman Wenzel questioned the length of time of the initial contract: the need for clarification in the identification of the Coastal Service Area to include Everglades City; the question of the County owning all the subject equipment and paying a contractor to run the equipment with no accounting required - (County Attorney Pickworth stated this wording had been changed and referred Chairman Wenzel to his memo of January 21, 1980) and the annual request that can be made by the contractor for the purchase of operating capital equipment - such equipment to be paid for by the County. Commissioner Wimer pointed out that the County's ownership has been done. in great part, through grants, which are not available to private citizens, and through the letting of the ambulance service out to private enterprise, the County is not liable for lawsuits, etc. During the discussion that followed. Commissioner Wimer, County Manager Norman, County Attorney Pickworth, Administrative Assistant Gene Willett, Safety Administrator Hafner and Deputy Chief Barnett answered the majority of questions, previously asked. Chairman Wenzel then opened the hearing to the public with the following citizens registered and participating: Mr. Mike Zewalk of 4840 West Boulevard. North Naples, voiced his objection to th~ ambulance service being run by private enterprise: strongly suggested that an "lWbulance Authority" be created with such an Authority being allowed to operate the service, conclUding with the statement that the billing and auditing should be more precisa and available. Fiscal Officer Hall stated the proposed contract and specifications calls for the continuous maintenance of billing records and identifies those times when audits are required. In addition. Mr. Hall said, the contractor must be in readiness to have an audit taken at any time re- quested by the Board due to specified circumstances. ,-- I L-:J January 2~~=> Mr. Bruce Holly of 2160 Estey Avenue, Naples, concurred with Mr. Zewalk and enlarged on his suggestion by stating that the Fire Departments and/or the "Authority" could operate the service on a "cost-basis". Mr. H. H, Kieckhefer of 4412 18th Avenue, S.W., Golden Gate City, had one concern regarding the inclusion of the Golden Gate area in the proposed ambulance service specifications but agreed that his question would be answered with the incorporation of the earlier submitted document, which indicates this area will be included in the specifications, into the proposed document. Chairman Wenzel stated his desire to have the question placed before the public for a referendum vote. Upon call for the question, Commissioner Brown moved, seconded by Commissioner Wimer, that the document containing the specifications for providing ambulance operation and management services together with the addendums and corrections, be adopted as presented. Commissioner Wimer identified the addendums and corrections as follows: 1. New Capital Equipment list 2. The service to the Golden Gate area 3. Clarification of the question of audits 4. The process to be used in the mediation of disputes The motion was deadlocked with a 2-2 vote as follows with Commissioner Archer absent. Commissioner Brown and Commissioner Wimer - Aye Chairman Wenzel and Commissioner Pistor - Nay Both Chairman Wenzel and Commissioner Pistor gave their reasons for dissenting as the 4~ years time element called for in the proposed specifications. They :"anted a time limit of 1 year. Chairman called for recess at the request of Clerk Reagan. Time: 3:00 P.M. to 3:15 P.M. Chairman Wenzel reconvened the meeting at 3:15 P.M. and stated that in reference to the vote taken prior to recess, Commissioner Pistor wished to change his vote from "Nay" to "Aye" and so let the minutes refl ect. At this time, Fiscal Officer Hall explained that the proposed documents are called "tentative specifications" and after the approval of the Board and after the pre-bid conference, it is expected that there may be changes in the specificcltions before they are finalized for bidding purposes. Chairman Wenzel asked that the record show the IIIOtion to adopt the specifications was carried 3-1 with Chairman Wenzel dissenting and ......, _.~----.._._-;-----_.., eoo~ 051 PA~~ 160 January 22, 1980 There being no further business to come before the Board the meeting was adjourned by order of the Chair at 3:20 P.M. BOARD OF COUNTY COn~ISSIONERS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL ~l~ ATTEST: WILLIAM J. REAGAN, \\\ , , " '.