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BCC Minutes 01/29/1980 R lID c.:J 'Naples, Florida, January 29, 19BO 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 con- ducted 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 John A. Pistor C.R. "Russ" Wimer David C. Brown ALSO PRESENT: William J. Reagan, Clerk. Edna Brenneman and Darlene Davidson (1:30 P.M.), Deputy Clerks. C. William Norman. County Manager; John Walker. Assistant County Manager; Donald A. Pickworth. County Attorney; Clifford Barksdale, Public Works Administrator/ Engineer. Thomas Hafner, Public Safety Administrator. H. G. Willett. Administrative Aide to County Manager; Danny Crew, Planning Director; Jeffory Perry, Zoning Director; Martha Skinner. Social Services Director; Mary Morgan. Administrative Aide to the Board; and Deputy Chief Raymond Barnett. Sheriff's Department. BOARD OF COUNTY COMMISSIONERS :.:-----,.INAL AGENDAu,-- January 291 1980 NOTICE: ALL PERSONS SPEAKING ON ANY AGENDA ITEM MUST REGISTER PRIOR TO THE ITEM BEING HEARD. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS \VHICH ARE NOT ON THIS AGENDA 11UST BE SUBMITTED TO THE COUNTY I~AGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS" AT 11:00 A.H. 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF AGENDA 1. APPROVAL OF MINUTES: January 8, 1980 5. PROCLAMATIONS AND PRESENTATIONS OF AWARDS 6. SOCIAL SERVICES li.. Grant AppliCDl:ion im: Ha.'lelTa'.(ers. 800ll 051 rAGE 163 &OOK 051 PACE168 AGENDA - APPROVED WITH ADDITIONS/DELETIONS Commissioner Pistor moved, seconded by Commissioner Archer and January 29, 1980 unanimously carried, that the agenda be approved with the fOllowing additions and deletions: 1. Homemakers' Grant Application - Added under "Social Services". 2. Recommendation to waive bids for purchase of a boiler for the Sheriff's Department - Added under County Manager's Report _ Purchasing. 3. Bond resolution for Willoughby Acres water and sewer - Added under Utility Director's Report. (Deleted later in Session) 4. Bond resolution for Marco Water and Sewer District - Phase I Improvements - Added under Ut1lity Director's Report. 5. Recommendation to revise pay range for the Community Develop- ment Coordinator - Block Grant - Added under "New Business". 6. Uaples Bay Monitoring Report by Dr. Cox - Added to Workshop agenda. 7. Adoption of resolution authoriZing the issuance of Water Revenue Bonds re water system in Goodland - Deleted from Utility Director's Report. (See explanatiQn.given later in the Session) 8. Authorization for Chairman to sign "Engagement Letters" for three LPW Grants - Added under Clerk to the Board's Report. MINUTES OF JANUARY 8, 1980 - APPROVED Commissioner Archer moved, seconded by Commissioner Pistor and unanimously carried, that the minutes of the meeting of January 8, 1980 be approved as prese~ted. BOARD APPROVES HOMEMAKERS' GRANT PROPOSAL FOR ADDITIONAL FUNDS IN THE AMOUNT OF $14,375 WITH COUNTY MATCH OF $1.406; APPROPRIATE BUDGET AMEND- MEr'T TO BE PRESENTED FEBRUARY 5, 1980 Social Services Director Martha Skinner reported that the Homemakers Service of Collier County has been able to obtain additional grant money to employ two additional Homemakers to staff plus travel expense for the remainder of the current fiscal year. Ms. Skinner noted that the Federal Government is willing to provide $14,375 additional if the Board can match with $1,406. She pointed out the success of the Program and the need and respectfully asked that the Board take favorable action on the matching funds. Clerk William Reagan responded in the affirmative to Chairman Wenzel's co~ent that the subject funds would be appropriated from C~neral Funds. r r~ ~--- - I {'"'-"'J C3 January 29. 1980 Commissioner Archer moved, seconded by Commissioner Brown and unanimously carried, that the Board approve the above-stated request and the appropriate budget amendment be presented February 5. 19BO. * * * * * * * * * * * BOOX 051 PAGE 169 r eoOK 051 PACE174 January 29, 1980 ORDINANCE 80-14 RE PETITION CP,79-BC, ED BRAr.KEN - TRUSTEE, REQUESTING COMPREHENSIVE PLAN p~ENa1ENT FROM COMMERCIAL TO 6.22-30 UNITS PER ACRE RESIDENTIAL ON PART OF TRACT M, LELY GOLF ESTATES - ADOPTEO, PURSUANT TO STIPULATIONS; PETITIONEP.'S AGREEMENT TO STIPULATIONS - ACCEPTED Legal notice having been published in the Naples Daily News on January 10 and January 23, 1980 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition CP-79-8C, as filed by Wilson, Miller, Barton. Soll & Peek. Inc. for Ed Bracken. Trustee, requesting a Comprehensive Plan amendment from Commercial to 6.22-30 units per gross acre residential land use on part of Tract M, Lely Golf Estates. Planner Lee Layn~ located the property in question. as shown in yellow on the map prOvided, as being located on the south side of Rattlesnake Hammock Road, between the Naples South Shopping Center and the Valley Stream Apartments. She said that the staff has reviewed the ~etition for compliance with the Comprehensive Plan, and noted ~ha~ the petition achieves 37 points of the 31 required for availability of services and facilities. and reviewed briefly the other objectives contained in the Plan which were used as a basis for recommending that the petition be approved, including the stipulations imposed by the CCPA pursuant to their recommendation for approval, as follows: 1. Petitioner shall dedicate 17.5' along his north property line for future widening of Rattlesnake Hammock Road at his con- venience or when requested by the appropriate governmental agency. 2. Traffic circulation plan shall be submitted for review and approval by the Traffic Planner prior to the issuance of any building permits. 3. Petitioner shall reserve a 50' buffer between his actual building construction line and the future R.O,W. line; recrea- tion and parking will be allowed within this buffer area. Ms. Layne said that the only objection noted was that of the School Board because of the possible impact on the school facilities. ~lr. Wafaa Assaad, of Wilson, Miller. Barton. Soll & Peek. Inc., represented the petitioner and advised that the petition meets, and in some areas exceeds, the goals and objectives included in the Plan, commenting that the den~ity will be reduced from 5.000 units to 700. COlllllenting on the possible impact on the school system. Mr. Assa,,:! said that the development ~muld, at the most, generate approximately r-----' r--- L___J r'---J January 29, 19BO 50 children of school age which is not a tremendous amount of impact. Further, said Mr. Assaad, the property has been vacant for a long period of time and that the taxes which have been assessed on the commercially- zoned property have been utilized to run the school system, retire bonds of the system for the development of new facilities, and the like. He pointed out the lack of an ordinance for the levying of an impact fee which he said would be a fair and equitable method of addressing the matter; however, he said that it becomes very unfair for one particular developer to be singled out for requiring an impact fee and/or growth fee. Chairman Wenzel noted that the SchOol Board has been contacted regarding the possibility of discussing the subject during a future Workshop Meeting. Commissioner Pistor reported that he has been in contact with the School Board to find out what they would like the developers to do, such as the donation of land, or the like, and read for the record a letter of response from the attorney for the School Boftrd setting forth the School Board's views on the matter. He said that it is his personal feeling that it is improper to "turn down" rezoning requests because of their being "rubber-stamped" by the School Board, in effect opposing the rezoning, because of the omission of provisions for school facilities. if this is the only reason for denying the petitions. He further stated that, in his opinion, it might be better for the Board to pass some kind of growth fee, with the County keeping control of it, until the need for additional facilities is recongized. Commissioner Brown voiced his objec- '~ion to "growth pi!ying for growth", citing his reasons for the statement. Mr. Assaad continued his presentation by stating that there is a letter on file from the developer of the land indicating his intentions to restrict the occupancy of the units to adults only. so. therefore. there will be no school-age children in the particular development. He reminded the Board that the petitions received during the six-month review process and presented by the Planning staff also include rezoning requests to residential land uses. He said that these do not go to the School Board, the WMAB, the EAC. and that traditionally staff recommendations and CAPC recommenda- tions have been, for the most part, agreed with. &OCX 051 PAGE 175 '( I I --.-.a-.... _._. _.__.._.. ...._ ___ , BOOK 051 PACE 176 January 29. 1980 Commissioner Archer moved, seconded by Commissioner Brown and unanimously carried, that the public hearing be closed. Commissioner Archer moved, seconded by Commissioner Brown and carried 4/1 with Chairman Wenzel voting in opposition, 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 imposed be accepted. ORDINANCE 80 - -1! AN ORDINANCE AMENDING ORDINANCE 79-32, TilE COMPREIIENSIVEPLAN FOR TilE UNINCORPORli.TED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE LAND USE ELEMENT WORK STUDY AREA 'MAP '3, FROM COMMERCIAL TO RESIDENTIAL G.22~30 UNITS/GROSS ACRE ON THE FOLLOWING D~SCRIBED PROPERTY: PART OF TRACT "M", LELY GOLF ESTATES AND BY PROVIDING AN EFFECTIVE DATE 'It 'It 11 , I , ! 'It " 'It '. * f .. 'It ~, " , l' January 29, 1980 P~0': 051' P'OR~l~cE 80-15 RE PETITION R-79-40C. ED BRACKEN, TRUSTEE. REQUESTING REZONING FROM "GRC" TO "R~1-lB" ON PART OF TRACT M. LELY GOLF ESTATES _ ADOPTED PURSUANT TO STIPULATIONS; PETITIONER'S AGREEMENT TO STIPULATIONS _ ACCEPTED Legal notice having been published in the lIaples Daily News on December 28, 1979 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition R-79-40C, as ffled by Wilson. fHller, Barton, Soll & Peek. Inc.. for Ed Bracken, Trustee. requesting rezoning from "GRC" to "RM-IB" on part of Tract M, Loly Golf Estates. Planner Lee Layne described the property as being located on the south side of Rattlesnake Hammock Road, between the Naples South Shopping Center and the Valley Stream Apartments. She said that the petition has been reviewed by all of the County agencies in their area of concern and has been recommended for approval by all of them with the exception of the School Board. She said that the CAPC recommended forwarding the petition to the Board with a recommendation of approval subject to the following staff stipulations: 1. Comply with all applicable fire codes. (ENFD) 2. Detailed water management plan be submitted to and approved by the County Engineer prior to the issuance of any construction permits. (WMAB) ~'s. Layne said that the residents of the Valley Stream Apartments voiced approval of the rezoning for the reason that they would prefer to have residential facing their property rather than commercial. She said that Lely Tropical Estates are Objecting to the rezoning because they do not I'ant to see three-story buildings in the area and because of the traffic problem that residential zoning would cause. Mr. Wafaa Assaad, of Wilson, Miller, Barton. Sol~ & Peek, Inc., stated that, although the Plan Amendment passed just prior to the petition under discussion was for rezoning to 6.22-30 units. the development will be limited to 12 units per acre and, rather than constructing three stories, as permitted, the buildings will be limited to two-story buildings which will be more compatible with the surrounding environment. He noted that the traffic impact will be reduced from 5,000 to 700 ADT. Commissioner Archer moved. seconded by Commissioner Pistor ~nd unanimously carried, that the public hearin9 be closed. Commissioner Archer moved. seconded by Commissioner Brown and carried r- I t I I .J [3 January 29, 1980 4/1 with Chairman Wenzel voting in opposition. that the ordinance, as numbered and entitled below. be adopted. and entered 1nt~ Ordinance Book No. 11, pursuant to stipulations, and that the petitioner's Agreement to the stipulations he accepted, as contained in the Agreement previously filed with regard to Petition CP-79-8C. ORDINANCE BO~ - .!a- AN ORDINANCE AMENDING ORDINANCE 76-30, THE COMPREHENSIVE ZONING REGULATIONS FOR TilE UNINCORPORATED AREA OF TilE COASTAL AREA PLANNING DISTRICT BY AMENDING TilE ZONING ATLAS MAP NUMBER 50-26-4 BY CHANGING THE ZONING CLli.SSIFICATION FROM GRC GENERAL RETAIL COM- MERCIli.L TO "RM-1B" ON THE F'OLLm'1ING DESCRIBED PROPERTY: PART OF TRli.CT "M", LELY GOLF ESTATES AND BY PROVIDING li.N EFFECTIVE DATE The matter of the imposition of an im~act fee with regard to school facilities was again discussed with Commissioner Archer suggesting the previously-proposed ordinance in this regard be brought back to the Board for further action. County Attorney Pickworth advised that he talked to Attorney James Siesky, of the School Board, the previous day and was informed that some different ideas are being approached, one pOSSibility being to submit to the State Legislature a form of school expansion type of legislation whereby a certain fee would be paid when property is recorded with such runds being placed in a special account for this purpose; also, said Attorney Pickworth. the School Board is considering a mandatory dedication approach. Regarding the ordinance adopted by the Board, w~ich Everglades City decl ined to adopt, Attorney Pickworth l'emir.u€:l the Board that, at that time. it was suggested that the ordinance was very questionable with regard to legal validity. He said that there are some intelligent arguments that could be made in its favor. however, Attorney Pickworth said that, in his opinion, it would not pass "court muster". Responding to Commissioner Archer as to whether or not, in the event the requested rezonings are denied because of the School Board's negative opinion, such action co~1d be defended in court, Attorr.~y Pickworth responded in the negative. MOX 051' PACE 179 (' I eoOK 051 pm180 January 29. 1980 ORDINANCE 80-16 RE PETITION R-79-36C, BUCKEYE INVESTMENTS, REQUESTING REZONING FROM "A" TO "RS-l" FOR LOTS 9, 10. 11, AND 12. COCONUT CREEK SU8DIVISION - ADOPTED PURSUANT TO STAFF STIPULATION Legal notice having been published in the Naples Daily News on December 28, 1979 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was held to consider Petition R-79-36C. filed by Eagle Engineering and Testing, Inc.. representing Buckeye Investments. requesting rezoning of Lots 9, 10, 11, and 12. Coconut Creek Subdivision, from "A" to "RS-1". Planner Lee Layne located the subject property on the blueprint provided, noting that the Subdivision is located at the east end of Gail Boulevard, on the south side of said street, with the lots in question shown in yellow on the display. She said that the objective of the petitioner is to devp.lop the area into one acre single-family homesites. All County agencies have reviewed and approved the petition. said Ms. Layne. and that "RS-l" zoning complies with the Comprehensive Plan. Further. said Ms. Layne, the CAPC recommended approval of the petition subject to the following staff stipulation: 1. Final site drainage plans to be submitted to and approved by the WMAB prior to start of any construction. (WMAB) Ms. Layne noted the receipt of one letter of opposition from Gene Staudenmaier, Gail Boulevard resident, his opposition being the proposed installation of a wate, line which will traverse 200' feet of frontage on his property and which will cost him approximately $3,500 plus monthly user charges, commenting the City water is not needed nor wanted. Mr. Jack O'Neil, representing Buckeye Investments. explained what is being contemplated with regard to water lines. stating that. the line will be brought in at the developer's expense or the City of ~aples will be petitioned to do so. He said that there ha~ been no ubjection to such installation with the exception of the one resident previously referenced. Discussion followed concerning whether or not all persons who might be affected by the installation of the water line have been contacted for input and informing them with regard to the financial considerations. 1__.3 ,-] January 29, 19BO Commissioner Pistor expressed his concern and suggested that he would "feel better" about consfJering the petition if he were assured this has been done. Commissioner Archer pointed out that this matter would be addressed in the following petition with regard to Master Plan approval for the subject property. There were no additional comments forthcoming, whereupon Commissioner Archer moved, seconded by Commissioner Wimer and unanimously carried/that the public hearing be closed. Commissioner Wimer moved, seconded by Commissioner Brown and carried 4/1 wfth Commissioner Pistor voting in opposition, that the ordinance. as numbered and entitled below, be adopted and entered into Ordinance Book No. 11 pursuant to the aforementioned stipulation. ORDINANCE 80 - -1L AN ORDINANCE li.MENDING ORDINANCE 76-30, THE COl1PREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF THE COASTAL AREA PLAN- NING DISTRICT BY li.MENDING THE ZONING ATLAS MlIP NUMBER 50-25-1 BY CHANGING THE ZONING CLli.SSIFICli.TION FROM "A" AGRICUr.TURE TO "RS-1" RESIDENTIAL SINGLE FAMILY ON THE FOLLOWING DESCRIBED PROPERTY: LOTS 9, 10, 11 AND 12, COCONUT CREEK UNIT NO. 21 RECORDED IN PLAT DOOi\ 3, AT PAGE 4 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND BY PROVIDING AN EFFECTIVE DATE. \, I * * * * .. 60~,( 051 rACE 181' r I I I - ----"----..- ~~..~.'--_.._._--,.._.-- I..] r=J January 29, 1980 PETITION SMP-79-7C, BUCKEYE INVESTMENTS. REQUESTING SUBDIVISION MASTER PLAN APPROVAL FOR LOTS 9,10,11, and 12. COCONUT CREEK SUBDIVISION _ APPROVED WITH STIPULATION BY SUBDIVISION CO~~ITTEE AND THE ADDITIONAL STIPULATION IMPOSED BY THE BCC; PETITIONER'S AGREEMENT TO STIPULATrONS _ ACCEPTED Legal notice having been publiShed in the Naples Daily News on January 11, 1980 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was held to consider Petition SMP-79-7C, filed by Eagle Engineering and Testing, Inc. for Buckeye Investments, requesting approval of the Master Plan for Lots 9. 10, 11. and 12, Coconut Creek Subdivision. Planner Lee Layne explained that the petition was reviewed by the Subdivision Review Committee and recommended that it be approved subject to the following stipulation of staff: 1. Final site drainage plans to be submitted to and approved by the WMAB prior to start of any construction. (W~~B) The matter of affected persons being obligated to tapping into the proposed water line was again addressed, same having been discussed during the hearing on the previous rezoning petition, pursuant to the Agreement between the City and the County. The matter of the estimated cost was briefly noted with Mr. Jack O'Neil, representing the developers. stating that the estimated figure of $3.500, as mentioned by a resident opposed to the petition for rezoning, was mentioned during a "round table" diSCUSSion; however, the actual figure has not been determined. He said that it is their desire to conform to the City of Naples' ordinance in t~is regard and, further, pursuant to the desire of the neighbors who are "pushing" to have the lines put in. Commissioner Archer moved. seconded by Commissionr.r Wimer and carried 4/1 with Commissioner Pistor voting in opprsition, that the Subdivision Master Plan for Lots 9, 10, 11, and 12, in the Coconut Creek Subdivision, be approved with the stipulation listed above, and with the further stipulation that all property owners affected by the installation of the water line be informed with regard to the matter and that the Petitioner's Agre~ment to the stipulations be accepted. (Filed with previous petition.) ~OOK 051 PAGE 183 , , , , , \' ; I I' I \ 'eoOK 051 PACE 184 January 29. 1980 ORDINANCE 80-17 RE PETITION CP-79-11C, BARNETT BANK TRUST CO., BRUCE MU~~l REQUESTING COMPREHENSIVE PLAN AMENDMENT FROM COMMERCIAL TO 6.22-30 RESIDENTIAL LAND USE ON PROPERTY LOCATED ON THE SOUTH SIDE OF U.S. 41 BETWEEN mRTLE COVE ACRES MD TRAIL ACRES - ADOPTED Legal notice having been published in the Naples Daily News on January 10, and January 23, 1980 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition CP-79-11C. filed by Wilson, Miller, Barton, Soll & Peek. Inc. for Barnett Bank Trust Co., Bruce Numm requesting an amendment to the Comprehensive Plan from CommercIal land use to 6.22-30 Residential land use for property located on the south side of U.S. 41 between Myrtle Cove Acres and Trail Acres. PointIng out on the map provided, Planner Lee Layne located the property in question. as being that area shown in yellow. She noted that the subject property was previously approved for development as two separate PUD's (Mumm and Ellis PUD's) and that now it is being combined into one. She said that the planned change complies with the Comprehensive Plan and that the CCPA recommended forwarding the petition to the Board with a recommendation for approval, which is also the staff's recommendation. "lr. Wafaa Assaad. of Wilson, Miller. Barton, Soll & Peek, Inc., was present to respond to questions, if any, from the Board and noted that the density will be 12 units per acre. Con~issioner Archer moved. seconded by Commissioner Pistor and carried, that the public hearing be closed. Commissioner Archer moved, seconded by Commissioner Pistor and carried 4/1 with Chairman Wenzel voting in opposition, that the ordinance, as numbered and entitled below, be adopted and entered into Ordinance Book No. 11. ORDINli.NCE eo - -1L AN ORDINANCE AMENDING ORDINANCE 79-32, THE COMPREHENSIVE PLAN FOR TilE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE LAND USE ELEMENT WORK STUDY AREA Mli.P 13 BY CHANGING THE LAND USE DESIGN1\T~ON , FROM COMMERCIAL AND RESIDENTIAL 0-6.22 UNITS PER GROSS ACRE TO RESIDENTIAL 6.22- 30 UNITS P~R GROSS 1\CRE'ON THE' FOLLOWING DESCRIBED PROPF.RT~: PART OF SECTION 321 TOWNSHIP 50 :-:'OUTli, Rli.NGE 26 EAST l I i I [I [I :1 !"l ..1 CJ January 29, 1980 ORDINANCE 80-18 RE PETITION R-79-34C, BARNETT BANK TRUST CO., BRUCE MUMM REQUESTING REZONING FROM "PUD" TO "PUD" BY COMBINING TWO PREVIOUS PUD'S, AND CHANGING PART OF THE CO~V1ERCIAL AREA TO RESIDENTIAL USES, FOR PROPERTY LOCATED Of! THE SOUTH SIDE OF U.S. 41 BETWEEN MYRTLE COVE ACRES AND TRAIL ACRES - ADOPTED PURSUANT TO STIPULATIONS; PETITIONER'S AGREEMENT TO STIPULATIONS - ACCEPTED Legal notice having been published in the Naples Daily News on December 28. 1979 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was held to consider Petition R-79-34C, filed by Wilson, Miller, Barton, Soll & Peek, Inc. for Barnett Bank Trust Co., Bruce Mumm requesting rezoning from "PUD" to "PUD" by combining two prev40us PUD's, and changing part of the commercial area to residential uses, for property located on the south side of U.S. 41, between f.1yrtle Cove Acres and Trail Acres. Planner Lee Layne explained that the petitioner wishes to develop a commercial and residential PUD and that the petition for same 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. Extension of water main and placement of fire hydrants as approved by the East Naples Fire Department. (ENFD) 2. Detailed site drainage plan be submitted to the WMAB for revie\~ and approval. (WMAB) Ms. Layne said that the staff has reviewed the PUD document and recommended changes as listed in the staff report, and that the CAPC recommended that the petitfon be f~rwarded to the Board with a recommendation of approval subject to the staff's stipulations. ~'r. Wafaa Assaad, of Wilson, Miller, Barton, Soli & Peek. Inc., observed that the plan is in compliance with the pertinent regulations and, also, in agreement with the stipulations made by the staff. He said that the School Board's position is the same as thpjr position on the pre- vious petition which the Board took ac1;'ion on ear'l1er in the Session. Commissioner Archer moved, seconded by Commissioner Pistor'and unanimously carried, that the public hearing be closed. Commissioner Pistor moved, seconded by Commissioner Archer and carried 4/1 with Chairman Wenzel in opposition, that the ordiance, as numbf~red and entitled below be adopted and entered into Ordinance Book No. 11, and that the Pet1tionel"S Agreement to the stipUlation be accepted. eoo~ 051 PACE 185 ..~ 1 .-,,- - r.=J -1 I I , -~ " January 29. 1980 RESOLUTION 80-17 RE PETITION CCCL-79-7C, SUBOCEANIC CONSULTANTS. REQUESTING VARIANCE FROM CCCL TO CONSTRUCT A LANDSCAPE WALL SEAWARD OF THE CCCl ON PROPERTY IN SECTIONS 17 AND 18, T52S, R26E (THE DUCHESS CONDOMINIUM. MARCO ISLAND) - ADOPTED SUBJECT TO CONDITIONS SET FORTH THEREIN Legal notices haVing been published in the Naples Daily News on January 13, 1980 and in the Marco Island Eagle on January 24, 1980 as evidenced by Affidavits of Publication filed with the Clerk. public hearing was held to consider Petition CCCL-79-7C, filed by Suboceanic Con~ultants. requesting a variance from the Coastal Construction Control Line to construct a land- scape wall approximately 60' seaward of the CCCL on property in Sections 17 and 18, Township 52 South, Range 26 East. to provide a border between natural beach vegetation and landscaped uplands in conjunction with the construction of the Duchess Condominium at Marco Island. Environmental Consultant Jay Harmic explained that the subject wall will be a continuation of the already-established wall at the Prince and Princess del Mar Condominiums for which variances were granted. He said that approval is being recommended, said approval being valid only if and when the applicant receives a variance from the State. Dr. Harmic noted that the transplanting program established pursuant to the stipula- tion by the State when waivers were received for the two above-referenced structures has been examined and found to be successful. No persons were ,'egistered 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 Resolution 80-17, with regard to Petition CCCL-79-7C, filed by Suboceanic Consultants, req',esting a waiver of the CCCL in connection with the construction of the Duchess Condominium at Marco Island be adopted, subject to the tonditicn~ set forth therein. The motion was seconded by Commissioner Archer and carried 4/1 with Conmissioner Wimer voting in opposition. COllTllissioner Wimer voiced concern over the term "landscape wall" suggesting that it is in reality a retaining wall, observing that storm development on the beach could undermine the wall causing it to cave in. He also suggested that a precedent might be established in granting such variances. Brief discu~sion following concerning the fact that only approximately l' would be showing ~bove the sands on the beach. &OOK 051 pm 187 / I BOOK 051 PACE 194 January 29. 1980 ORDINANCE 80-20 CREATING THE EAST NAPLES FIRE HYDRANT MUNICIPAL SERVICE TAXING DISTRICT - ADOPTED; ENGINEERING DEPARTMENT AUTHORIZED TO PROCEED WITH SELECTION OF CONSULTANT FOR PREPARATION OF PLANS. SPECIFICATIONS AND BIDDING DOCUMENTS Legal notice having been published in the Naples Daily News on January 10, 1980 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider the creation of an East Naples Fire Hydrant MSTD. Public Works Administrator/Engineer Clifford Barksdale recalled that in March of 1979 the Board authorized the Engineering Department to work with the Chief of the East Naples Fire Control District and prepare a preliminary engineering layout and cost estimate for the installation of needed fire hydrants in the East Naples area. He said that the speCific area included in the study is bounded on the north by Rock Creek, on the east by Airport Road, on the south by Haldeman Creek, and on the west by Sandpiper Street, and includes the installation of approximately 100 additional hydrants in the area which is presently being served by only 19 hydrants. Mr. Barksdale said that the total estimated cost for the project, including engineering and administrative fees, is $446.600; the average residential lot assessment, based on the square foot method for a lot 80 x 130, would be approximately $148; the average commercial lot assessment estimate would be $429. Continuing, Mr. Barksdale said that it was determined that it would be less expensive to establish a taxing district, rather than an assessment district, whereby the costs could be spread out over, longer period. Mr. Barksdale, responding to Chairman Wenzel, said that what is being proposed is a taxing district independent of the East Napl~s Fire Control District and locations for the hydrants will be in acco"dance with the Fire Code, and that they have been reviewed by the Fire District. It is recommended, he said, that a consultant be selected to do the design and the engineering work because of the size of the project. Further responding to Chairman Wenzel, Mr. Barksdale said that the staff is not equipped to design a one-half million dollar project of water lines and fire hydrants. The Chairman commented that it might be less costly to have pp.rsonnel en staff to perform this type of work. / t" , . i I I. ,; " January 29. 1980 Mr. John Taylor. Vice-President of Royal Park Villas. inquired if the development will be assessed since fire hydrants had already been installed by the developers. Mr. Barksdale responded in the affirmative. noting that. in addition to the installation of the hydrants, new lines will be installed to provide the required flow and pressure. He suggested that he is doubtful that there is the required pressure at the present time in the speaker's area of East Naples. Regarding the cost, Mr. Barksdale said that it is estimated to $.0143 per square foot if it is assessed by the square foot method. Chief Jim Billman, of the East Naples Fire Control District. pOinted out the dire need for the hydrants, stating that the present situation of having only 19 hydrants in the district's area is groSSly substandard, and also commented on the savings in insurance premiums to homeowners once the hydrants are installed. ~Ir. Bud Winkler, of the East Naples Civic Association, said that the only objection is the additional cost for consultant fees, the feeling being that the project could be put together by the Engineering Department without bringing in an outside consultant. County Manager C. William Norman said that the cost for the engineering work would have to be borne by the District whether it was done by a consultant or by the County staff. Mr. Winkler said that the affected people are in favor of the installation of the hydrants if the Board is confioent the additional taxing district is a legal propo- sition. Mr. Marshall Webb. speaking for the Federation of Civic Associations, spoke in favor of the project since it will bri~g down the insurance rates, prov{de better fire protection, and will help the value ~f the properties. He, also, voiced objection to hiring a consultant. o~serving that he would prefer to pay the County people than an ~utside consultant. County Attorney Pickworth addressed the matter of hiring an outside consultant for projects such as this, whether or not there is the man power and/or the ability in the Engineering Department, because there is a question of liability involved in this particular project. He said that an outside consultant carries insurance in the event there is an error in the eo:~ 051 rACE 195 1 I I I ,/ . ..,-,- '~"'~,t"~l'lt7!"ji"lYf;."",,,~,q'':if ~, ~'~~'.'.l"t~'i?"'I!""::'~.~~fi.t'\' I ~OJK 051 rm198 January 29. 19BO desfgn of a fire-flow system which the County does not. He said that the Board is well advised to hire outside people in matters of this kind. Commissioner Archer moved, seconded by Commissioner Brown and carried unanimously, that the public hearing be closed. Commissioner Archer moved, seconded by Commissioner Brown and carried unanimously. that the ordinance, as numbered and entitled below, be adopted and entered into Ordinance Book No. 11; and, that the Engineering Department be authorized to proceed with the selection of a consultant for the prepara- tion of plans, specifications and bidding documents. ORDINANCE NO. 80-20 AN ORDIrlANCE CREJlJING THE EAST NAPLES FIRE HYDRANT MUNICIPAL SERVICE TAXING DISTRICT; PROVIDING THE BOUNDARIES OF THE DISTRICT; DESIGNATING THE'GOVERNING BODY OF THE DISTRICT. AUTHORIZING A TAX LEVY AS PROVIDED BY LA~r; PROVIDING FOR CONSTRUCTION AND AN EFFECTIVE DAT.E. COlTTllissioner Wimer suggested that the term "consultant" is perhaps misleading in that what is being done is to hire an engineer to design the system and to oversee the construction. * * * RECESS: 10:22 A.M. until 10:29 A.M. * * * REVISED EXCAVATION ORDINANCE - ADVERTISING AUTHORIZED FOR PUBLIC HEARING F~BRUARY 26. 1980 Commissioner Pistor moved, seconded by Commissioner Archer and unanimously carrfed, that consideration of the Revised Excavatiljll Ordinance be advertised for a public hearing on February 26, 1980. CREATION OF SPECIAL ASSESSMENT DISTRICT FOR IMPROVEMENTS TO COTTAGE GROVE AVENt:F. AND APPROVAL OF PRELUlINARY ASSESSMENT ROLL - ADVERTISING AUTHORIZED FOR PUBLIC HEARING FEBRUARY 26, 1980 Commissioner Pistor moved. seconded by Commissioner Archer and unani- mously carried, that the creation of the Cottage Grove Avenue Improvement District. and the preliminary assessment roll for said DIstrict. be advertised f0r public hearing February 26. 1980 L._J c- .., January 29. 19BO PETITION CP-79-10C, CHARLES K. KELLER, REQUESTING COMPREHENSIVE PLAN LAND USE AMENDMENT FOR PROPERTY LOCATED ON SHADOWLAWN AVENUE (LOT 30, NAPLES GROVE & TRUCK Crn~PANY'S LITTLE FARMS '2) - ADVERTISING AUTHORIZED FOR PUBLIC HEARING MARCH 11, 1980 Commissioner Plstor moved, seconded by Commissioner Archer and unanimously carried, that Petition CP-79-10C. filed by Charles K. Keller, requesting a Comprehensive Plan Land Use Amendment from Residential 0-6.22 units to Residential 6.22-30 units on property located on Shadowlawn Avenue, between Linwood Avenue and Oavis Boulevard, Lot 30. Naples Grove & Trucking Company's Little Farms #2. be advertised for public hearing ~larch 11, 1980. PETITION R-79-43C, CHARLES K. KELLER, REQUESTING REZONING FROM "RI~-2" TO "PUD" ON PROPERTY LOCATED ON SHADOHLAWN AVENUE (LOT 30. NAPLES GROVE & TRUCK COMPANY'S LITTLE FARMS 12) - AOVERTISING AUTHORIZED FOR PUBLIC HEARING ~1ARCII 11, 1980 Commissioner Pistor moved, seconded by Commissioner Archer and unanimously carried, that Petition R-79-43C, filed by Charles K. Keller, requesting rezoning from "RM-2" to "PUD" on property located on Shadow- lawn Avenue, between Linwood Avenue and Davis Boulevard, Lot 30. Naples Grove & Truck Company's Little Farms #2, be advertised for public hearing March 11, 1980. PETITION CP-79-1SC, ARTHUR G. DAVIS, REQUESTING COMPREHENSIVE LAND USE PLAN ANENDMENT FOR PROPERTY HI SECTIONS 13 AND 14, T50S, R25E _ ADVERTISING AUTHORIZED FOR PUBLIC HEARING ~1ARCH II, 1980 r Commissioner Pistor moved, seconded by Commissioner Archer and unanimously carried, that Petition CP-79-15C, filed by Arthur G. Davis. requesting a Comprehensive Land Use Plan Amendment from Residential 0-6.22 units to Residential 6.22-30 units on property located off Kelly Road in Sections 13 and 14, Township 50 South, ~ange 25 East, be advertised for public hearing ~~rch 11, 1980. t I .!;.,j PETITION R-79-41C, ARTHUR G. DAVIS, REQUESTING REZONING FROM "RM-l" TO "PUD" ON PROPERTY OFF KELLY ROAD IN SECTIONS 13 AND 14, T50S. R2SE _ ADVERTISING AUTHORIZED FOR PUBLIC HEARING MARCH 11, 1980 Commissioner Pistor moved, seconded by Commissioner Archer and carried un~nimously, that Petition R-79-41C. filed tj Arthur G. Davis. requesting rezonil19 from "RloI-l" to "PUD" on property located off Kelly Road in Sections 13 a:,i! 14, Township 50 South, Range 2S East. be advertised for public hearing 11arch 11,1980. 1~ , ; I BOOK 051 PAGE197 " (: Ii< ! +" ;~('~;^'~,~" i I eOCK 051 p/,GE198 January 29. 1980 RESOLUTION 80-18 SUSPENDING ORDINANCE 76-49 TO PERMIT OFF-STREET PARKING ON MARCO ISLAND DURING TONY LEMA TOURNAMENT - ADOPTED Commissioner Pistor moved. seconded by Commissioner At.cher and carried unanimously. that Resolution 80-18 to suspend Ordinance 76-49. to permit off-street parking at the Tony Lema Tournament on Marco Island for the period between 8:00 A.M. to 8:00 P.M.. Monday, March 10, 1980. be adopted. * * * * * * * * * * 90:X 051 rm200 January 29, 1980 BCC APPROVES INSTRUMENT APPROACH PROCEDURE FOR IW10KALEE AIRPORT IN ACCORDANCE WITH FAA REQUIREMENTS, AND AUTHORIZES STAFF TO PREPARE REQUIRED DATA FOR SUBMISSION TO FAA Pursuant to brief review of the information contained in the Executive Summary on the matter by Administrative Assistant to the County Manager Willett, Commissioner Brown moved. seconded by Commissioner Wimer and unanimously carried, that the Board approve an instrument approach procedure for the Immokalee Airport. and authorize the staff to prepare and forward the Board's approval, and any other data and/or plans required, to allow the FAA to begin their approval process. RESOLUTION 80-19 REQUESTING ASSISTANCE OF FLORIDA RECREATION DEVELOPMENT ASSISTAflCE PROGRAM WITH FDNR DIVISION OF RECREATION AND PARKS FOR DEVELOP- ',lENT OF BAYVIEW PARK '- ADOPTED Parks and Recreation Director Rollie Rice explained briefly the proposed resolution being pres~nted for Board approval which. in essence, is a request for the assistance of the Florida Recreation Development Assistance Program with the Florida Department of Natural Resources. Division of Recreation and Parks, pertaining to the development of Bayview Park. He said that the resolution is a requirement of the grant application. and that a representative of the DNR has indicated that the County has a good project for the Program and suggested that the grant application be submitted as soon as possible. Commissioner A,'cher moved. seconded by Commissioner Pistor and unanimously carried. that Resolution 80-19. with regard to the develop- ment of Bayview Park. be adopted. 11 11 ,I , 11 I I I 11 11 11 11 :r-'l r" BOOK 051 P/,CE 202 January 29. 1980 BCC APPROVES WAIVER OF BID pnOCESS FOR PURCHASE OF MATERIALS FOR INSTALLATION OF SPRINKLER SYSTEM AT TOMMIE BARFIELD BALLFIELD, MARCO ISLAND 'Pursuant to brief explanation by Parks and Recreation Director Rollie Rice, Commissioner Archer moved. seconded by Commissioner Pistor and unanimously carried, that the bid process be waived for the purchase of materials for the installation of a sprinkler system at Tommie Barfield Ballfield on Marco Island. For the record, Mr. Rice explained that the reason for requesting a waiver of the bid process for the above-stated purpose is because of the time element involved in having the ballfield available for the Little Leagues on Marco Island. RESOLUTION 80-20 REQUESTING FUNDING FROM THE "701" PLANNING GRANT PROGRAM FOR FY-1980 - ADOPTED Planning Director Danny Crew explained that the Department of Community Affairs has notified the County of the availability of funding under the "701" Grant Program for FY 1980. with the deadline for applying h:~ng January 31, 1980. He said that, at this time. the State does not need to know what specific activities are being considered; however, he said that there is interest by staff members for the development of new Subdivision Regulations which, he noted, would be eligible under the Grant. Commfssioner Archer moved, seconded by Commissioner Pistor and unanimously carried, that Resolution 80-20. requesting funding from the "701" Planning Grant Program for FY 1980, be adopted, and that the Chairman be authorized to sign the application. Note: Complete application on file in office of Clerk of Board. * * * * * * r" r--w r- . , r , .,1 'i '-'-"") ( :7--] January 29, 1980 RESOLUTION 80-21 RE FDOT ACQUISITION OF RIGHT-OF-WAY FOR GOLDEN GATE BOULEVARD - ADOPTED; CHAIRMAN AUTHORIZED TO SIGN FOOT AGREEMENT RE SAME COIII1lissioner Wimer meted, seconded by COIII1lfssioner Pistor and unanimously carried, that Resolution 80-21. pertaining to Florida Department of Transportation acquisition of rights-of-way for Golden Gate Boulevard, be adopted, and that the Chairman be authorized to Sign the FOOT Right-of-Way Agreement, as requested by FOOT, and as rec~mmended by County Public Works Administrator/Engineer Clifford Barksdale. ." ." ." * ." ." , i ! ." J: \1 I; I, l , ?,1 i.! :'1 fj J eO~K 051 PAGE 205 (" MOK 051 PACE 214 January 29, 1980 BCC ACCEPTS TITLE TO GOODLETTE ROAD EXTENSION RIGHT-OF-WAY BY RECORDING R-O-W MAPS IN THE PUBLIC LAND RECORDS OF THE COUNTY Commissioner Wimer moved, seconded by Commissioner Pistor and carried unanimously, that the Board accept title to Goodlette Ro~d Extension by directing the recording of said road's right-of-way maps by the Clerk of the Circuit Court of Collier County in the public land records of the County, as recommended by Public Works Administrator/ Engineer Clifford Barksdale. Note: Recorded in Road Plat Book '2. Pages 15-16 DEDICATION DOCUMENT FOR THE A-6 CANAL LOCATED WITHIN THE NAPLES MOBILE HOME ESTATES SUBDIVISION (JOSEPH D. TESTA. GRANTOR) - ACCEPTED FOR RECORDATION Pursuant to brief explanation by Public Works Administrator/Engineer' Clifford Barksdale, Commissioner Wimer moved that the Board accept for recordation the Dedication document for the A-6 Cana' ;ocated within the Naples Mobile Home Estates Subdivision. as granted by Joseph D. Testa. The motion was seconded by Commissioner Pistor and unanimously carried. * * * * * * * r-- i/ Ii II w - I k~ G:J January 29, 19BO UTILITY AND DRAINAGE EASEMENT GRANTED BY PALM RIVER ESTATES. INC.. DEVELOPERS OF RIVER ROYALE PHASE 1 CONDOMINIUM - ACCEPTED FOR ~ECORDATION Public Works Admin~strator/Engineer Clifford Barksdale explained that, as part of the Engineering Department's review for approval of River Royale Condominium Phase I. it was requested that the developer dedicate a drainage and utility easement to Collier County so that a portion of the existing storm drainage system serVing Palm River Estates. Units 4 and 8, will be located within a dedicated drainage easement. He s~id that the easement will permit access to the existing drainage pipes for necessary maintenance and repairs. Commissioner Wimer moved, seconded by Commissioner Archer and unanimously carried, that the Utility and Drainage Easement. as granted by Palm River Estates, Inc., as described above, be accepted for recordation. * * * * Ii '* '* '* '* MOX 051 rME 217 I , I I leoOK 051 pm 220 January 29, 1980 ENG[NEERING DEPARTMENT AUTHORIZED TO ADVERTISE FOR BIDS FOR THE CONSTRUCTION OF KAREN DRIVE Public Works Administrator/Engineer Clifford Barksdale reported that the estimates for the paving and drainage along Karen Drive have been reduced. pursuant to direction by the Board when the Karen Drive Improve- ment District was created by the adoption of Resolution 78-113. by proposing concrete valley gutters to alleviate the drainage problem. The revised preliminary assessment roll, sa1d Mr. Barksdale, for approximately 2,632 lineal feet is $56.04B.31. or $21.2950 per front foot. Commissioner Wimer moved, seconded by Commissioner Pistor and carried unanimously, that the Engineering Oeparbrent be aut~orized to advertise for bids for the construction of Karen Drive. B[D #402 (ALTERNATE) FOR CONSTRUCTION OF FLOW COl/TROL STRUCTURE #12 (C.R.31) - AWARDED TO ZEP CONSTRUCTION IN THE AMOUIIT OF $284.496 Legal notice having been published in the Naples Daily News on December 5 and 7. 1979 as evidenced by Affida'i: ~ of Publ ication filad with the Clerk. bids were received until Janua~v 9, 1980 for the Flow Control Structure #12 project. Public Works Administrator/Enaineer Clifford Barksdale explained that the project was advertised for a base bid. which included the purchase of a new control gate, and an alternate bid which specified the use of an existing Amil D-71~ gate, located on a Golden Gate Estates canal. He said that the lowest base bid was $37B,496, with an alternate bid of $284.496 _ for a savings of $94,000 ff the existing gate were utilized - the latter being recommended. Commissioner Pistor moved, seconded by Commissioner Wimer and unanimously carried. that Bid #401 (Alternate) fo:. the construction of Flow Control Structure #12 be awarded to Zt;:p Constl"w.:tion in the amount of $284.496. as contained in the recommendation of the Bid Review Committee letter dated January 16, 1980, and that the Chairman and the Clerk be authorized to sign and attest the resulting Agreement. Mr. Barksdale advised that the project was specifically budgeted in the Water 11anagf'!ment Budget for the current year, at a toti!l cost of $315,000. I including de~ign and construction, and that the current balance of $307,802 is more than sufficient ti) c(lver the cost of construction, and the consul- tant's cost for supervision and inspection during construction. r I-- I ; .,1',1 ,;,...-.;"...,.. .' r=J January 29. 1980 BID RECEIVED FOR BID 1398, FOR FURNISHING AND INSTALLING CHAIN LINK FEIlCE ALONG AIRPORT ROAD - REJECTED; REBID AUTHORIZED, FOLLOWING MODIFICATION OF BID SPECIFICATIONS Legal notice having been published in the Naples Daily News on November 8 and 12, 1979 as evidenced by Affidavit of Publication filed with the Clerk, bids were received until November 2B, 1979 for furnishing and installing chain link fence along Airport Road. Administrative Assistant to the County Manager H. G. Willett. working with the Purchasing Department during the Purchasing Director's medical leave, explained that invitations to bid on Bid 1398 were sent to 11 con- tractors and that the only proposal received, from Quaid Fence Builders, Inc. of Tampa, Florida, exceeded the amount the County currently has allocated for the work. It was Mr. Willett's recommendation that the bid be rejected and the project be rebid, with the further recommendation that the bid specifications be modified to encour'G~ competition. Commissioner Archer moved, seconded by Commrs~ioner Pistor and carried unanimously, that the staff recommendation be approved; i.e. that the bid received with regard to Bid 139B be rejected, and that the project be rebid following modifications to the bid specifications. Public Works Administrator/Engineer Clifford Barksdale, in response to Commissioner Wimer's query concerning the purpose of the fence, explained that, as part of the four-laning of Airport Road, fencing along the open canal area in the Vicinity of Airport Road was included. When the bids were received for the projec~due to the cos~ DOT was asked to delete that portion and the County would do the bidding and 'installation, so as not to delay the project, said Mr. Barksdale, commenting that. it will be done with the same funds and, hopefully, at a Cheaper pri~~. BOARD CONFIRMS EMERGENCY ACTION TAKEN FOR REPAIR OF BOILER SYSTEM IN BUILDING "A" AND PURCHASE OF NEW BOILER Administrative Assistant to ~he County Manager H. G. Willett explained that on January 24, 1980 the boiler system in Building "A" ceased to function which left the jail area without hot water and it was felt that it was a matter of public necessity that the unit he repaired as quickly as possible at an approximate Cost of $3,000. He said that a new unit was ordered and it is pr~sently being installed by the Maintenance Department. Responding to Chairman Wenzel, Mr. Willett said that the old unit could not be repaired. &a:lX 051 P/,CE22! I .. eoox 051 PAGE 222 January 29, 1980 Commissioner Pis tor moved, seconded by Commissioner Brown and unanimously carried, that the eme~gency action taken by staff with regard to the repair of the boiler system in Building "A" be confirmed. RESOLUTION CWS 80-2 TO PROVIDE MEANS OF SECURING INTERIM FINANCING FOR WATER IMPROVEMENTS IN THE WILLOUGHBY ACRES AREA OF THE COUNTY WATER- SEWER DISTRICT - ADOPTED County Attorney Dont.ld Pickworth explained that the proposod re- solution involves the authorization for the issuance of a Revenue Anticipation Note in the event timely validation and issuance of bonds and regular bond anticipation notes is not secured under the proposed bond resolution. for the purpose of financing water improvements in the Willoughby Acres Area of the County Water-Sewer District. Commissioner Wimer moved, seconded by Commissioner Archer and unanimously carried. that Resolution CWS 80-2 for the above-stated purpose, be adopted. * * * * " * ,.---' :-...,.. -- ..-..-------..-...,. ...... 1__.:::1 ( I, [3 January 29, 1980 BOND RESOLUTION RE WILLOUGHBY ACRES WATER IMPROVEMENTS _ DELETED County Attorney Donald Pickworth advised that the proposed bond resolution pertaining to the Willoughby Acres water improvements should be deleted due to' the fact that the resolution is "not ready to go". RESOLUTION 80-22 CALLING A REFERENDUM ELECTION TO BE HELD MARCH 11, 1980 RE BOND ISSUE FOR MARCO ISLAND CIVIC CENTER - ADOPTED :;011 \1 ;1 County Attorney Donald Pickworth explained that, in order to implement the provisions of Ordinance 79-101 which created the Marco Island Civic Center Municipal Service Taxing and Benefit Unit for the purpose of constructing a Civic Center on Marco Island, it is necessary to hold a referendum election on the question of whether the residents of the District wish to have a bond issue in an amount not to excepd $1,750,000 to pay the cost of constructing such a Civic Center. He said that the proposed resolution will accomplish this result and r':~'Jr;mended that tht! rpsolution be adopted. Commissioner Pistor moved, seconded by Commissioner Archer, that Resolution 80-22 calling for a referendum election to be held March 11, 1980 with regard to the bond issue for the Marco Island Civic Center, be adopted. Ms. Charlotte Westman, Marco Island resident, stated her support for the Center but voiced concern over whether or not there are any legalities involved with regard to the title of the property. Attorney Pickworth assured Ms. Westman that if the results of the referendum show that the people wish the bonds issued, they will not be issued until such time as the County holds title to the property on which the Cc~ter is to be built. adding the comment that there is tin ag..~eme:it with The Deltona Corporation i i in this regard. Upon call for the question, the motion carried unanimously. * * * * * &O~~ 051 pm 22.7 .. , ';", r';~c"/ll';l!:i'.w.lf~~iit-",;"" ,,,,:.~.~.~"-:~~..~It, 1..._~1 C2l January,29. 1980 ROUTINE BILLS - AUTHORIZED FOR PAYMENT I \ Commfssioner Pistor moved, seconded by Commissioner Archer and unanimously carrfed. that the bills be approved for payment, said bills having been processed following established procedures with funds available, as witnessed by the following warrants issued from January 23, 1980 through January 29, 1980: .E!lliQ BCC Payroll - CETA WARRANT NOS. 822 - 933 3769 - 3992 County Warrants BUDGET AMENDMENT 80-23 TO TRANSFER FUNDS TO PROVIDE LOCAL CASH MATCH RE "701" GRANT CONTRACT (PLANNING DEPARTMENT) - ADOPTED IN THE AMOUNT OF $4,000 Commissioner Pistor moved, seconded by Commissioner Archer and carried unanimously, that Budget Amendment 80-23. ~o transfer funds from Contingencies to Other Professional Fees for local cash match as requested in the "701" Grant Contract, for the Planning Department, be adopted in the amount of $4,000. * * * * * " 80~K 051 PACt 23f .,~"",... ;:_~N,,:. F':J cz::J Januar,y 29. 19S0 BUDGET ANENDMENT S0-24 TO TRANSFER rutlDS FROM FDNR BOATING IMPROVEMENT PROGRAM GRANT TO PARKS AND RECREATION DEPARTMENT TO BE USED FOR FISHING REEF MARKERS _ ADOPTED IN THE AMOUNT OF $7.500 Commissioner Archer moved. seconded by Commissioner Pistor and unanimously carried, that Budget Amendment 80-24 to transfer funds received last fiscal year from the Florida Department of Natural Resources. Division of Recreation and Parks, for the Boating Improvement Program Grant, to be used for fiShing reef markers provided through the Parks and Recreation Department budget. be adopted in the amount of $7,500. .. .. .. .. .. .. .. eo:~ 051' PACt' 233 F~~l ~- ) 't... ,,>, ....>;.',...~,..,.. January 29, 19S0 BUDGET AMENDMENT SO-25 TO TRANSFER FUNDS TO APPROPRIATE SECTION OBJECT CODE WITHIN BUILDING MAINTENANCE DEPARTI1ENT - ADOPTED IN TlIE Al10UNT OF $5.267 Commissioner Archer, moved, seconded by Commissioner Pistor and unanimously carried, that Budget Amendment 80-25, to transfer funds to appropriate Section and Object Code to more accurately reflect actual expenditures within the Building Mainteni!nce Depi!rtment, be adopted in the amount of $5,267. * * * l * * * * BO~K 051 PACE 235 I r ! ~ - .." .""",."",,,,,,,,J \: .~ ;':'J;;~:~f:::~-,',_ --I .' .' . ._ 1"Gn ,,<~~-, I'. ";;',1 ' :.:, ) January 29. 19BO BUDGET AMENDMENT SO-26 TO TRANSFER FUNDS FROM CONTINGENCIES' TO PURCHASE FURNACE AND OIL TANK FOR IMMOKALEE SHERIFF'S OFFICE - ADOPTED IN THE AMOUNT OF $1.600 Commissioner Archer moved, seconded by Commissioner Pistor and unanimously carried, that Budget Amendment 80-26. to transfer funds from Contingencies to Other Machinery and Equipment Account in Building Maintenance Department. to purchase furnace and oil tank for the Immokalee Sheriff's Office. be adopted in the amount of $1,600. * ." * ." ." * ." ." ." ." ec::~. 051 rACE 237 ~\,.~~,~. ....../' '1'> "1 I L-3 l-".":'-;-.J ;, ,,'''',' Januar,y 29, 1980 CHAIRMAN AUTHORIZED TO SIGN LETTERS OF ENrAGEMENT TO HOlCHER & TAYLOR RE LPW GRANTS Following brief explanation by Clerk William Reagan, Commissioner Pistor moved. seconded by Commissioner Archer and unanimously carried. that the Chairman be authorized to Sign the "Letters of Engagement" to Holcher & Taylor with regard to three LPW Grants, (Libraries, Satellite Service Building, Landfill Maintenance Facility) as recommended. '" 11 .,. 11 11 .,. .,. 11 .,. .,. Be::.; 051 pm 239 I , I I ! I eo::< 051 PACE 24.6 January 29. 1980 REQUEST BY LELY CIVIC ASSOCIATION FOR RECONSIDERATION OF BCC ACTION OF OCTOBER 24, 1978 RE ZONING DENSITY OF FAIRWAY TOWERS PROJECT _ DENIED To address the public petition regarding the Fairway Towers density matter was Ms. Pat Hueter. President of the lely Civic Association which she explained is a group of homeowners established by protective covenants filed in conjunction with the Lely Golf Estates Subdivision, numbering approximately 450 members. Reading from her January 8, 1980 letter to the Collier County Board of Commissioners. Ms. Hueter sal~ that a petition was received by the Board of Directors of the Association lbjectfn~ to the "only recently discovered" action by the Board on October 24. 1978 giving permission to the developer of the Lely Golf Estates, Tract D _ commonly known as Fairway Towers - to substantially build additional units as proposed in 1972. She said that this action, in effect. ignores the present zoning of "RM-2" on the tract, permitting increased density of approximately 35 additional units, and waiving setback as now ~~tablished in the present zoning classification. She further stated that this action took place without a public hearing and without any consideration as to its adverse effects to property owners of the lely Civic Association. Ms. Hueter said that it is being requested that, in view of no construction having taken place since 1973, immediate action be taken to reverse the permitted high density development in the center of the tow density, single-family area, which she said will only benefit a non- resident developer to the detriment of the homeowners. At this time, Ms. Hueter requested that all of those in attendance to support th~ petition to stand in order to support the contention that there is wide-spread interest in the matter. (An estimated fifty persons from th~ audience stood up.) Planning Director Danny Crew rp.c~lled that fn 1972 the Board approved the zoning for the Fairway Towers project and the developer completed one part of the project consisting of 30 units. In 1978, said Dr. Crew. the developer requested that he be "grandfathered" in for the original density and setbacks which the Board voted to do. County Attorney Donald Pickworth noted his rp.collection of the subject and said that there was a letter from Ad Miller to the Zoning Director at that time, Carl Clc~~r, dated August 25, 1978, basically outlining the r-----, . ~r... ~~ L-J J [=-:J January 29. 1980 situation and which states that in 1972 plans were submitted showing five buildings. He said that less than that number were built and, between 1972 and 1978. the zoning changed and that what was planned originally is more than what the zoning allows at the present time. Responding to Mr. Miller's letter, continued Attorney Pickworth, 11r. Clemmer wrote a memorandum stating that it has his (Mr. Clemmer's) interpretation that he is "grand- fathered" in and should be permitted to construct the additional 100 units on the remaining five acres. Attorney Pickworth said that for some strange reason the matter was placed on the agenda for the meeting of October 24, 1978 for reasons which he did not understand and so stated in his memorandum to the Board dated Octuuer 20. 1978, following which he read a portion of the minutes of the aforesaid meeting during which the Board took its action. During the discussion which followed, Dr. Crew observed that if the developer had had a continuing permit since 1972, and continued th~ pro- ject. there would be grounds probably to say that he is "grandfathered" but he said that there has been no building permit activity since that "early time". Based upon that, Dr. Crew said that, in his opinion, the developer has lost any grant he had for the "grandfathering" privilege, except for the action taken by the Board. Chairman Wenzel asked for the Attorney's opinion if the action under discussion was rescinded, and a motion made to approve the present-day zoning if it would be defensible. Attorney Pickworth said that. if the Board were to rescind its action taken during the meeting in 1978, th€ matter at issue will then be, when building permits are applied for, whether or not such permits can be issued under the present 1.0n1ng. However, said Mr. Pickworth, the Zoning Director, at this time, has a determination from the Board "telling him what to do". County Manager Norman observed that it is not the staff's position to overrule the Board in this matter. The Board has made a policy decision. he said, and the staff stands behind such decision and that the staff is not asking the Soard to overturn a staff position. He ad,1'!d that he does not feel it appropriate for the Zoning Director to offer iI., opinion which might be contrary to the Board'~ opinion. &OOK 051 pm 247 _.~" """ii;<<\'iI;..'iil"" ._~;.t::'\.:.~'~~~~. .... . ~ ' """"";:V},,~" 'l . ~~)~~J;'/1~'~':~~m~:?LL.. .. eOOK 051 PACE2!8 January 29. 19BO Commissioner Pistor commented that included in the agenda package material there is an indication that certain staff personnel have expressed ideas with respect to the action taken by the Board with Attorney Pickworth advising that the individuals did not expres~ legal opinions. He said this is recognized by the Lely people, whereupon he read from a letter dated January 11, 1980 from Richard W. Parlier to the Board stating that "reference to language 'legal basis' is one shared by the petitioner" anu not on~ expressed as such by the representatives of Co 11i er County". He observed that the writer was very candid in correcting such impression and that he appreciates the expression. Attorney James Scarborough, representing the landowner. advised that. prior to proceeding with any plan for the continued development of the tract, his cl ient specifically l''!quested a determination from the County Zoning Department as to what density would be permitted. He said that the Zoning Director made such a determination and that determination was formally reviewed and unanimously approved by the Board of County Com- missioners. At this time. Mr. Scarborough read the letter dated October 24, 1978 from Zoning Director Carl Clemmer to Hr. MOler advising him that the Board concurred with the Zoning Director's recommendation that the Fairway Towers project was "grandfathered" in and may be constructed as originally presented in 1972, ncting that there would be a density of 131 dwelling units. Responding to Chairman Wenzel's comment that there has been no progress made for several years, Mr. Scarborough disagreed stating that. acting on the position of the Zoning Director and the concurrence r,;f the Board, a new investor group was formed which purchas~d lhe land and commenced the plans for future development. At this J.lo'int. he said that all of the legal documents for the new condominium development have been drafted, all architectural work has been completed, all of the survey and engJneering work has been done, the construction contracts have been entered into, and r' r..... r- - --- I I , ';'~": .;;~.,. <~"~"'d-':r~~~;'.":-t~.:: l~ ". , J L-.J January 29. 1980 in total, over the past year. nearly one million dollars have been expended in connection with the continuance of the development. Mr. Scarborough said that no site work was done until the property was sold. noting that the closing on the sale was last fall, and there has been site work done in the period since that time. He said, further, that any reconsideration by the Commission would create a severe financial disaster for the developer who has actpd in reliance on the action already taken. When aske\, :;'y Chairman Wenzel if the developer could "live" with 30 less units, Mr. Scarborough explained that it would be uneconomical, citing his reasons for his statement. He continued by pointing out that the con- tinuance of the development is consistent with the Comprehensive Plan. and detailed other particular facts about the physical layout of the development. Speaking in support of the y'equest for the reconsideration of the Board's action with regard to Fairway Towers, were the following persons: 1. Dick Parlier, 180 Pebble Beach Boulevard 2. Bud Winkler, representing the Collier County Civic Feoeration. requested postponement of the matter until a mutual agreement can be reached. 3. Betty Perdos, 164 Pebble Beach Circle Mr. Eugene A. Lojewski, Attorney for the residents of Fairway Towers Condominium, req~ested that any determination be deferred for a short period of time pending the resolution of the objections of the residents of the condominium, WiIO, at this time, neither oppose nor approve the "grandfathering" in on the particular parcel of property. He said that the objections are directed toward the developers of the property with regard to misrepresentations of improvements to be made to the property. Dr. Crew said that he has discussed one aspect of the matter with the developer's attorney who ha~ ~did that it is not their understanding of the "grandfatl1~ring" that such matters as setbacks and parking require- ments were "grandfathered". He said that, therefore, on the site plans which he (Dr. Crew) has not seen, it is indicated that the current standards for setbacks, parking, and these type of requirements, will be met. So. essentially, continued Dr. Crew. the issue is one of density. Mr. John O'Connell, 56 Pebble Beach Boulevard, stat~d that he is opposed to any further expansion of Fairway Towers. and questioned whether or not the developers have ~"'p. interests of the community at heart. eoo~ 051 PACE 249 BDOK ; h ,~..; "!,,." ,','tt""""'.l .!:,,~~{w-. . '1\":.{~': .J,:>..~~tN,;; . .~: ~ _. ,. 051 pm250 January 29, 1980 Mr. Ad Miller, member of the development firm for the project. reviewed the actions which have taken place since 1972 with regard to the property, covering such matters as the density on the land when it was purchased in 1972. the submittal of the plot plan and sketch of the project, and the fact that only one building permit was requested although it was acknowledged that the plan submitted and approved would include four additional buildings. He said that when he found that the property would be aff,:,:ted by the change in zoning, he conferred with Dr. Spagna and with Mr. ~icmmer anrl was advised that they would recommend to the Board that the original concept and the approval. which was at least tacitly given, be recognized and honored. He further stated that it is his sincere and honest belief that it was an inadvertent error that the project was not "grandfathered" in when the zoning was changed. He said that there has been no application for a permit filed for the reason that the engineer- ing firm has not completed the engineering work needed to submit with the application. Concerning the action that should be taken by \-Ire Board. either to uphold the recommendation of the Planning Director, made earlier, that the present zoning should be in effect, or to move that the applicant should be allowed to be "grandfathered" in, Commissioner Archer said that he was not in a position to make a dec1~ion either way without additional facts and the opportunity to further review the matter. Commissioner Archer subse- quently moved that the subject be scheduled as a regular agenda item within the next two weeks. The motion was seconded by Commissioner Pistor. Com- missioner Archer said that this time period would allow the stuff time to prepare the issue and would give him time to research the facts which caused th~ Board to make its original determination. During the discussion which followed. Dr. Crew expressed the opinion that, given the same situation now as occurred in 1978, he would not have recommended "grandfathering"; however, he said that the County Attorney would have to recommend to him whether or not the matter. is defensible, based upon the dollars that the developer has expended on the good faith of a gove,'nmental action taken in 1978. r-1 ,.'" . 1 f .""f '..,,,..~I_\., .~YH''''Iri'';1ijt;,';ih'~,I'~ :'~~>j,~'>t'. l i-;-.:It,~~-_ ~''''~j~;'''''rr..',. "...... ~."J r- l' ""';)l .: January 29, 1980 Attorney Pickworth questioned what action should be taken in the interim period in the event a building permit is requested with Commissioner Archer responding that, unless there is another directive from the County Commission. there would ~e no choice except to issue such permit. if they comply with all the regulations. Commissioner Wimer expressed regret that the subject matter was brought up in the manner in which it was, i.e. under Public Petition. He said to try to mak~ ~ decision on the matter which is contrary to a prior decision is grossly unfu'" tn all concerned. Hn said that he acted upon staff recommendations and the determination by the staff that the project was "grandfathered" in and that, until he is apprised of a different recommendation from the staff that the prior recommendation was in error, his prior decision will have to stand. He said that when and if the matter is brought back to the Board he does not want the agenda material merely xeroxed but, considering all the facts involved, he wants a re~ommendation from the staff of their determination as to whether or not the project is "grantj~athered" in. or \'Iha tever. Chairman Wenzel stated that he I'/as prepared to vote on the motion on the floor and noted that he voted on the matter originally because the staff report clearly showed a reduction in density, Mr. Norman said that he would not recommend that the Board make a decision at the present time since there are some opinions which are needea. He said that there are two issues basically, one being the issue that the petitioners have raised regarding the legality of the action preViously taken, and what has happened in the intervening period of time; the ot.her being whether or not the present Zoning, Director, when asked, would render the same opinion as the previous Zoning Director. He reiterated his belief that it would not be appropriate for the Zoning Director to offer a difference of opinion unless the Board asked for same, noting that it would be inappro- priate for the staff to contradict official action of the Board. r~r. Scarborough commented that his client is pressing for a decision at the present time and that it is the one already made by the Commissioners. He said that they are working under a timetablr: and that if thn decision is not going to be abided by. which has already been reac:hed by the staff and Commissioners. they would 'I ;~e to know it. BOOK 051 PAGE 25f ,. ~OOy; o 51 PACE 252 January 2?, 19BO Commissioner Archer withdrew his motion with Commissioner Pistor stating that he would not like to make a decision during the Session this date. Commissioner Brown pointed out that the word and actions of the Board are solemn and that he would not reverse himself and that he stands behind his actions of a year ago when the Board voted unanimously regarding the matter. ClJ".,.1L~ioner Pistor removed his seconding of the motion on the floor following >midl Chairman Wenzel moved to abide by the recommendation of the Planning Director at this time and uphold the present ~oning density. Commissioner Pistor seconded the motion. Commissioner Wimer inquired as to whether or not overturning the previous decision, without any evidence presented to show that the Board erred in its previous decision. could be viewed as arbitrary and capricious with Attorney Pickworth responding that it will be alleged as such. He said that there is nothing in the Zoning Ordinance that provides for the Board to put an imprimatur on the decisions of the staff, noting that the ordinance only provides that, in the event of a dispute between the property owners and the staff, the Board may resolve it. He said that when the staff already told the developer the answer that he wanted, there is nothing in the ordinance that provides for getting a second opinion from the Board of County Commissioners. But, right or wrong. said Attorney Pickworth, the item was brought up and the Board did render their opinion and that, as repre- sented by Mr. Scarborough, monies have been expended in reli~ncc on that assertion by the Board and further it will be diffi~ult legally to, at this point, back away from their decision. Addressing the matter of "grandfathering" or as it is called in other states zoning estoppel, he said that the courts have recognized that, in view of the realities of modern planning law, developers have to spend huge amounts of money for site plans, environmental studies, and the like, to get to the point of asking for a building permit and that the courts have said that no longer can governmental bodies "pull the rug out from under a developer just because he hasn't come in for a building permit or started actually digging ~irt" which at one time was the standard for the start of construction. " r-----I l :;;-:;1 ~' r-.-:-:-I ~ January 29, 1980 Following the restatement of the motion on the floor, Dr. Crew said that his recommendation in 1978 would have been to uphold the Zoning Ordi- nance, which in his opin~on would have been proper. however, today, because of the expenditures and the good faith that the developer had from the Board's action, he would have to say that his opinion is that the developer has the legitimate right to proceed with development as the Board directed. Chairman Wenzel restated his motion to wit: That the present zoning density '.Ie :Jpheld, Commissioner Pistor agreed to the amended motion in his seconding thereof, whereupon Chairman Wenzel requested a roll call vote. The roll was called by Clerk William Reagan, as follows:' Chafnl1an Wenzel - Motioned and aye Commissioner Pistor - seconded and nay Commissioner Brown - nay Commissioner Wimer - nay Commissioner Archer - nay The motion was defeated 1/4. * * * RECESS: 11:52 A.M. until 1:30 P.M. at which time Deputy Clerk Edna Brenneman was replaced by Deputy Clerk Darlene Davidson. * * * &OOK 051 pl.CE253 ~'- ,. eOQ~ 051 PACE254 January 29, 1980 FINANCIAL CONSULTANT AGREEMENT WITH FISCHER, JOHNSON, ALLEN' BURKE, INC. AND SOUTHEASTERN MUNICIPAL BONDS, INC. RE SOUTH HALF OF SEWER AREA "B" - APPROVED - CHAIRMAN AUTHORIZED TO EXECUTE S~lE Utility Director Berzon explained that pursuant to the Board's selection of the joint firms of Fischer. Johnson. Allen & Burke, Inc. and Southeastnrn riunfcipal Bonds. Inc. as the financial consultants in matters relating to the South half of Sewer Area "B" of the County Water/ Sewer District, an agreement for services has been prepared and submitted by said firms. He recapped the functions and duties of said firms under the terms of the proposed agreement as more fully defined within the Executive Summary and noted that said firms are excluded from participating in the purchase of a~y of the bond offering that may result from the financing of the construction of the sewer system in the East Naples Area. Commissioner Archer moved. seconded by Commissioner Pistor and carried unanimously 5/0, that the Financial Consultant Agreement between the County and the combined firms of Fischer. Johnson. Allen & Burke, Inc. and Southeastern Municipal Bonds, Inc. be approved and that the Chai:~an be authorized to execute same agreement. '---' r-'-'-, '\ \ , ! I 'I 'I ( I r .. January 29. 1980 eo~~ 051 pm 260 BONO RESOLUTION REGARDING THE MARCO WATER/SEWER IMPROVEMENT DISTRICT PHASE ONE - POSTPONED UNTIL FEBRUARY 5, 1980 Utility Director Berzon requested the matter of a Bond Resolution regarding the Marco Water/Sewer Improvement District Phase One be post- poned until next week, February 5, 1980. * * * GOOOLAND WATER DISTRICT * Item 12B(I) was deleted from today's agenda during the morning session. "lr. Berzon offered the following explanation for the deletion and said that t.he mdtter will be heard on next week's agenda: "Because of the requests from many of the residents of Goodland, the County is now considering the use of a combination of assessment and revenue issue. as opposed to a straight revenue issue. which was a requirement of the Farmers Heme Administration." CHAIRMAN AUTHORIZED TO SIGN CERTIFICATES OF CORRECT10N TO THE TAX ROLL AS PREPARED BY THE TAX ASSESSOR'S OFFICE Commissioner Archer moved, seconded by Commissioner Pistor and carried unanimously 5/0, that the following Certificates for Correction to the 1979 Tax Roll be approved for the Chairman's signature: 1979 TAX ROLL NUMBER 330-331 336-341 DATE January 17, 1980 January 17 - 22. 1980 TANGIBLE PERSON~L PROPERTY 1979-141 THROUGH 145 January 24, 1980 ADVERTISING AUTHORIZED FOR PUBLIC HEARING APRIL 22, 1980 RE D.R.I.112-7980-13, THE COMMONS-PROFESSIONAL PARK. APPLICATION FOR DEVELOPMENT AOPROVAL AS REQUESTED BY THE S.W.F.R.P.C. Administrative Aide to the Board Mary Morgan explained that a motion was in order to authorize the advertising for a public hearing to consider the matter of a petition requesting approval of development of The Commons-Professional Park, re D.R.I. 112-7980-13, as requested by the Southwest Florida Regional Planning Council in their letter dated January 22, 1980. Corrmis~ioner Archer moved to authorize the advertiSing for said public hearing and the motion was seconded by Commis~ioner Pistor and carried u"3niil'Jljsiy. C1 t~l - "ll_ " .'1 ..' (:. 'C~"";"I ,.,'. t. ."("1" I 'j (,"ltl;;";) '1.,- .:,.,:'_. -- January 29, 19S0 RESOLUTION NO. 80-23 IIlDICATING THE COUNTY HAS NO INTEREST IN ACQUIRING THE LANDS LOCATED IN THE FAHKAHATCHEE STRAND AS OFFERED BY THE DEPARTMENT OF INTERIOR - ADOPTED Pursuant to correspondence received'by the Board and discussed in the 1/S/S0 meeting. Commissioner Archer moved. seconded by Commissioner Pistor and carried unanimously 5/0, that Resolution No. 80-23, indicating the County is not interested in acquiring the noted lands located in the Fahkahatchee Strand that have been offered by the Department of Interior, ~.~ ildopted. . . . . .'" . . . . . . . 8()o~ 051 ff.CE281 I I I I I i ,} ."..,.,j;.;\T<~l-;.;n~~"m'''''''''''''''''~4MrA>''-''-'' ;rf'~.i-:;''i~':'~~i~~l;,r.~...~,.i.-~... .. &OOK 051 PAtE2.64 January 29. 19BO TAX COLLECTOR AUTHORIZED TO ISSUE A DUPLICATE TAX SALE CERTIFICATE NO. 3437 FROM THE SALE OF 1976 Commissioner Archer moved, seconded by Commissioner Pfstor and carried unanfmously 5/0, that the Tax Collector be authorized to issue a duplicate Tax Sale Certificate No. 3437 from the sale of 1976, because the original has been lost. * * * * * * * f"I r---' .1 ';'d":"'.'i~~j,'h)" ~O()K 051 pm 286 January 29. 1980 STAFF REPORTS MEETING TO BE HELD 2/10/S0. BY THE GOLDEN GATE RESIDENTS AND SUPPORTERS ASSOCIATION, INC. TO DISCUSS ANSWERS TO QUESTIONS SAME ASSN. HAS SUBMITTED REGARDING GOLDEN GATE ESTATES' FUTURE - WILLIAM WALTERS SELECTED TO COORDINATE ANSWERS. Ms. Morgan stated that the Board has received notice from Mr. Kruse. who represents the Golden Gate Residents and Supporters Associa- tion, Inc., that a Bar-B-Q meeting will be held on February 10. 1980 during which questions submitted in a letter dated January 23, 1980 will be dire~ted towards those Commissioners who choose to attend. Ms. MOfg~n noted that copies of said questions have been distributed to various members of the staff as well as to William Vines, Planning Consultant for the Golden Gate Estates Study Committee. Commissioner Archer asked who would answer the submitted list of questions and Chairman Wenzel replied that he has answered the questions '. and also noted that his answers are his personal opinions and observa- tions and he has so stated. Commissioner Archer 1Jl)'led that he felt it would be more appropriate if one person was designated to collect relevant observations and answers from the various people that were supplied with the list of questions and coordinate the results for presentation. Com- missioner Pistor concurred and suggested Mr. William Walters be so desig- nated, as he is the Chairman of the Golden Gates Estates Study Committee and is abreast of the pertinent issues. Mr. Walters agreed to do same and stated that he would submit his findings to the Board prior to the aforementioned meeting. COPY OF BIG CYPRESS NATIONAL PRESERVE'S DRAFT LAND ACQUISITION PLAN FILED FOR THE RECORD WITH THE CLERK l'ls. Morgan referred to a 1 etter from the Department of Interior. received January 24, 1980, transmitting a copy of the Big Cypress National Preserve's Draft Land Acquisition Plan. She noted that same is on file with the Clerk and that anyone who wishes to submit written comments for consideration by the Department of Interior will have until ~larch 1. 1980 to do so. It was explained by Ms. Morgan that the purpose of the distribution of said draft is to allow those interested persons the chance to offer comments regarding said plan bpfore it is revis:!d. r-1 r-- i" r I .- ,.."....,q.f,"~.,.."'~;~i{tl,!',:'...!,...~~ .-.-- . ..y.....;.,.~ ........ ---.......>>-. ~. I ['",.1 C='J January 29, 19BO DINESH C. SHARMA TO PRESENT REQUEST TO ESTABLISH A SEASHORE AND/OR WILDLIFE REFUGE SYSTEM RE EASTERN GULF OF MEXICO - SCHEDULED FOR 2/12/S0 BCC AGENDA UNDER PUBLIC PETITIONS Ms. Morgan referred to a copy of a letter dated January 22, 1980 from Dfnesh C. Sharma, Environmental Resources Consultant, that is directed to Senator Richard Stone. She noted that Mr. Sharma wrote a note to the BCC on the top of same letter indicating that he wishes to present his request for the establishment of a seashore and/or wildlife re~,'q(' sys'~em re the Eastern Gulf of Mexico to the Board. Ms. Morgan said the letter to Senator Stone indicates that Mr. Sharma's request to the BCC is part of his efforts to gain support for said system from various local governments. Chairman Wenzel noted that Mr. Sharma may make his presentation during that time allowed for hearing public petitions and Ms. Morgan noted that same would be scheduled on the Fehrllary 12, 19S0 agenda. Chairman Wenzel indicated that that was appropriate and there were no objections raised. COHNUNITY BLOCK GRANT ADMINISTRATOR'S PAY GRADE INCREASED TO 44 AND AUTHORIZATION TO HIRE INDIVIDUAL FOR SAME AT UP TO 25% ABOVE mNHfUM _ APPROVED Planning Director Danny Crew noted the resignation of the Community Block Grant Administrator for the Immokalee Program, and requested an increase from pay grade 34 to 44 for said position. He additionally requested authorization to hire a qualified person at up to 25% above the minimum for said grade. He offered several reasons for his l'equest and among them was the fact that the position requires p~pertise in administra- tion and because of the fact that the program is only funded for a period of one year, the position's present pay scale does not lend itself to consideration by same expertise unless the pay were somewhat higher than it is at this time. Commissioner Brown asked if the additional monies needed to accommodate the increase requested by Dr. Crew would come from Federal Funds and Dr. Crew answered affirmatively. Commissioner Brown moved. seconded by Commissiontr Wimer and c~~iicd unanimously 5/0. that the position of Community Block Grant Administrator's pay grade be increased to 44 and authorization be given to hire a qualified individual at up to 25% above the entry level of pay for same. MOl( 051 PACE267 &OoK 051 PACE 268 .. January 29. 1980 Chairman Wenzel recessed the Regular Session at 1:45 P.M. to go into Workshop Session, and reconvened in Regular Session at 3:30 P.M. * * . RESOLUTION 80-24 REFUSING TO APPROPRIATE FUNDS FOR AN UNNECESSARY REAPPRAISAL OF PROPERTY IN COLLIER COUNTY AS ORDERED BY THE GOVERNOR _ ADOPTED Sam Colding, Collier County Property Appraiser, explained that he has received a letter from the Governor as late as December in which he r"lS been ordered to reappraise all of the property in Collier County. He noted that plans have been made as early as last summer to begin a reappraisal during the year 1981 and that these reappraisal plans were formulated with the ,Department of Revenue. He further stated that it was his opinion that the Governor has arbitrarily mandated the reappraisal. with no basis of a study of facts regarding Collier County. because of a" lack of support from the Legislators in the Capitol regarding other tax bills that the Governor tried to have adopted. He added that it will cost the taxpayers of Collier County some $205.000 to complete this untimely and unnecessary reappraisal and that he has requested the necessary funds from the State in the form of a loan, and has submitted an amended budget regarding same funds. Regarding the time limit set by the Governor to have said reappraisal completed, Mr. Colding noted that it is the Governor's wish to have same complete by July 1980, and he stated that that was impOSSible. He explained that he has requested an extension of time. and has been granted a "reasonable time" from the Governor and /topes to have it completed by December 1, 1980. Chairman Wenzel mentioned that the additional $205.000 could be put on the September budget in 1980 and be paid for at the end of that year. Mr. Colding said that the problem is what the County is going to do for money in the meantime. Chairman Wenzel suggested small amounts of money be borrowed from the general fund and paid back at a later time after the taxes are raised. Commissioner Archer stated that there could be a Shortage of available funds in the Contingency due t9 problems regarding large amounts of money for ambulance services. Hr. Colding stated that the State rJ r-... r I ...1 -. ~ - ) ( ~. _~=-I January 29, 1980 has budgeted the money for him to borrow for the reappraisal. When Commissioner Wimer asked if it will have to be paid back, Mr. Colding replied that the State told him to do it this way, so the repaym~nt of said loan will have to be dealt with at the time it becomes due. Several members of the Board emphasized the fact that lk. Colding is mandated to follow the Governor's instructions subject to legal action. Mr. COlding agreed that he has to follow the Governor's orders. It was the consensus of the Board that Mr. Colding should follow through with borrowing the money from the State and begin the reappraisal and Mr. Colding agreed to do so. County Manager Norman asked if tax bills would be delayed if Mr. COlding were to do the reappraisal? Mr. Colding replied affirmatively Commissioner Archer asked Mr. Colding if it would possible to take the per- centage figure the Governor has decided that property is presently appraised and figure the difference from 100%, then, add this percentage of each current appraisal through the computer to n~t the newly appraised figure. Mr. Colding stated that this method of figuring taxes would not stand up in court as being fair and would not allow for an equalized tax roll, and he would not impose that on the people of the County. Mr. Colding recommended that the Board pass a Resolution, similar to one that was recently passed in Charlotte County. expressing the fact that Collier County refuses to appropriate funds for an unnecessary re- appraisal of property, and request the State to fund this State-mandated project. He stated that he was denied an audience with the Governor to discuss this matter, and'reaffirmed his positicin that he is required by law to comply with the Governor's orders. Hp. said the law does state that he is to appraised at 100% of the value of property and he said that same is impossible to keep up with unless a complete reappraisal is done every year. Commissioner Wimer moved, seconded by Commissioner Brown and carried unanimously 5/0, that Resolution No. 80-24 refusing to appropriate the funds for an unnecessary reappraisal be adopted. ac:~ 05j. PACE 289 - _:-.;;.~.;~~!..-.~ .....~J....... ",... I _..] L.'.J January 29, 1980 ECOLOGICAL STUDY OF NAPLES BAY BY THE COLLIER COUNTY CONSERVANCY _ APPROVED - AGREEMENT TO FINANCE PROJECT IN THE AMOUNT OF $12,000 _ AUTHORIZED Dr. William W. Cox. Director of the Collier County Health Department, spoke in support of the twelve month eCOlo~ical study of Naples Bay and its contributing waterways. as recommended by Mr. Merrihue. of the Collier County Conservancy. He referred to a package of data supplied to the Board members including a written "Fixed price proposal" and an explanation of the entire project. Dr. Cox stated that he feels this project would be a means of monitoring the degree of pollution in Naples Bay and provides the County a tool with which to fight this problem. He stated that without such information a$ will be collected in this study, the battle to eliminate said pollution will not be succesSful. Commissioner Archer touched on the possibility of the results of this biological study being used ag~i~st the County at some date in the future as part of litigation and Dr. Cox assured the Board that such is not the Conservancy's intent. County Attorney Pickworth related that he has discussed his objections of this project that were raised during last week's discussion, with Mr. Merrihue of the Conservancy, and at this time he feels his objection has been satisfied. Commissioner Brown moved to support the project by paying for one half of the cost and favored asking the City to pay the other half. Commissioner Archer seconded the motion. Chairman Wenzel raised the question of the problems regarding the "double taxation" that may arise. Dr. Cox noted that he has discussed thi s wi th the City of Napl es' Manager'. Mr. Patterson, and did not feel the City would support Commissioner Brown's proposal. Chairman Wenzel stated that the problem lies in the fact that although the entire Bay is within the City of Naples, the "so-called" contributing rivers are within the County. He said he felt that both the County and the City are responsible. Dr. Cox agreed. Attorney Pickworth recommended support of this project as it supports the County's view in the "double taxation litigation" that the County does. through it's various agencies. enter into projects that are of benefit to everyone in Collier County including the people who are ~n the City. 800K 051 r/,GE 27f -~-:-'-- . ~OCK 051 PACE 2..72 I: '/~ <::';(1'~~':~~!:~~',J.L~.._. '~~- January 29, 1980 Commissioner Brown changed his motion to read that the County pay for the full amount of the implementation of a biological study of the Naples Bay. Commissioner Archer agreed to the amended motion. and seconded it. Attorney Pickworth requested that authorization for the Chairman's signature on the agreement wit" the Conservancy be included in the motion and Commissioner Brown and Archer agreed. Upon call for the question the motion carried unanimously. * * r- * * * * * * * * r'. .... I, I..,J L_~ January 29, 1980 REPORT ON THE PRE-BID CONFERENCE REGARDING AMBULANCE SERVICE FOR COLLIER COUNTY BY COMMISSIONER WIMER Commissioner Wimer reported that th~re was a very good turnout for the Pre-Bid Conference regarding the letting of bids for Ambulance Service with the County. He noted that the conference was held at 2:30 P.M. on January 20, 19BO and that it was the consensus of the interested parties that took part in the conference that, page by page, the specifications for the bids for Ambulance Service were among the best they had ever seen. He noted that there were interested parties partici- pating in the Pre-Bid Conference from points throughout the State of Florida. Commissioner Wimp.r stated that the Staff and all the individuals that were jointly responsibl~ for tha County's set of specifications are to be highly complimented. Chairman Wenzel stated that he was informed by a citizen, as early as this morning, that the advertisement re~urding the pre-bid conference was published and available to the public on the same date as the conference. and in light of the late hour that the Naples Daily News is distributed. it was impossible for interested parties that would have relied on the advertise- ment for knowledge of said conference to attend. He stated that he agreed with the Citizen's complaint. County Manager Norman explained that he was not directly involved with the placing of the advertisement referred to; however, he had discussed with the Board last week that the County is running on an extremely tight schedule regarding the specifications for ambulance service. He noted that th~ advertisement could not be placed until the Board approved it last week, and he f~els that staff did as good a job as was possible in SCheduling and advertising the conference. MISCELLANEOtJS CORRESPONDFNCE - FILED AND/OR REFERRED There being no objection, the Chair directed that the following correspondence be filed and/or referred to the various departments as indicated: 1. Three letters dated January 14, 1980 from the East Naples Fire District Commissioners, confirming their position regarding the emergency transporting of victims within the limits of their authority and their support of expansion of EMS services; and the removal of restrictions via proposed legislation re same. Filed. BOOK 0511'~CE 275 ;;.1 " , ,~ '''''''it,\~~!~'.!"" " ' eoOK 05'1 rACE 278 January 29. 1980 There being no further business for the good of the County the meeting was adjourned by Order of the Chair at 3:45 P.M. COLLIER COUNTY BOARD OF COMMISSIONE~ OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL ~~ ,,~t.1 .," . c - r ...--. ,...