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BCC Minutes 02/05/1980 R , 1....-..-...__ CJ [-~,-J Naples. Florida February 5. 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 conducted business hereln, met on this date at 9:30 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 (10:50 A.M.); Harold L. Hall, Chief Deputy Clerk/Fiscal Officer; Edna Brenneman and Darlene Davidson (1:30 P.M.), Deputy Clerks' C. William Norman, County Manager; Donald A. Pickworth, County Attorney; Irving Berzon, Utility Director; Clifford Barksdale, Public Works Adminfstrator/Enyfneer; Danny Crew, Planning Director; Jeffory Perry, Zoning Director; Lee Layne, Planner; Mary Morgan, Administrative Aide to the Board. and Deputy Chief Raymond Barnet, Sheriff's Department. BOARD OF COUNTY COMMISSIONERS FINAL AGENDA February 5, 1980 NOTICE: ALL PERSO~S SPEAKING ON ANY AGENDA ITEM MUST REGISTER PRIOR TO THE ITEM BEING HEARD. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS" AT 11:00 A.M. 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF AGENDA 4; APPROVAL OF MINUTES: January 15, 1980 ~OOl\ 0'51 PACE 287 ..--,- t"....t--..- /..:!.>\..,;.~~:..,:", t"-.' . ~" , . ."'., ~~:.~.... .......~ 1i'" 1 IT"''' -- ......., ..-.... n '~ I .J " , .,.__J February 5, 1980 AGENDA - APPROVED WITH ADDITIONS Commissioner Plstor moved. seconded by Commissioner Archer and unanimously carrled, that the agenda be approved with the following additions: 1. Immokalee Stockade Report by County Manager - Added under County Manager's Report. 2. Bond Resolutions re Willoughby Acres Water and Sewer Improvement District (County Water-Sewer District) - Added under Utility Dlrector's Report. 3. Amended resol~tion re Goodland Water District correcting legal description - Added under County Attorney's Report. Upon motion by Commissioner Archer, seconded by Commissioner Pistor and unanimously carried,an emergency ordinance amending Section 11(2) of the Flood Damange Prevent.ion ('r:lindl,ce, No. 79-62, pertaining to type of con- struction within established flood zones, was added to the agenda for the meeting of February 12, 1980. County Attorney Pickworth requested this be done to facilitate public knowledge of same via publishing of the agenda ln the media. MINUTES OF JANUARY 15, 1980 - APPROVED Commissioner Pistor moved, seconded by Commissioner Archer and unanimously carried, that the minutes of the meeting of January 15, 1980 be approved as presented. RESOLUTIONS CWS-aJ-3 AND CWS-80-4, RECONFIRMING RESOLUTIONS CW5-79-1 AND CW5-79-2 TO CONFIRM REVISED COST ESTIMATES RE WILLOUGHBY ACRES AREA WATER AND SEWER IMPROVEMENTS (COUNTY WATER-SEWER DISTRICT) - ADOPTED Legal notices having been published in the Naples Daily News on January 21, 19BO as evidenced by Affidavits of Publication filed with the Clerk, public hearing was opened to consider proposed resolutions confirming revIsed cost estimates with regard to the Willoughby Acres Area Water and Sewer Improvements (County Water-Sewer District). County Attorney Pickworth explained that in January, 1979 Resolutions Nos. CWS-79-1 and CWS-79-2, initiating a program for the purpose of providing water and sewer improvements in the Willoughby Acres Area were adopted, same having been adopted on the basis of cost estimates provided by the Engineers prior to that date. Due to the delays involved in the consuTmlation of a corrmitment by FmHA, inflation has pushed prices up and ~{1~~ 051 fACE29f eoa~ 051 PACE 292 February 5, 1980 the Engineers filed a revised cost estimate in December, 1979. said Attorney Pickworth. and. therefore. it is being recommended that con- firming resolutions be adopted. noting that the new costs are reflected in Section 2 of the resolutions. Commlssioner Pistor moved. seconded by Commissioner Wimer and unani- mously carried, that the public hearing be closed, there being no persons indicating a desire to address the matter. Commissioner Pistor moved that Resolutions CWS-80-3 and CWS-80-4. confirming Resolutions CWS-79-1 and CWS-79-2. with regard.to the cost estimates for the Willoughby Acres Area Water and Sewer Improvements. making them consist~nt with the revised estimate of costs, be adopted. The motion was seconded by Commissioner Archer and carried unanimously. * * 1r * 1r 1r 1r 1r 1r ... . .-~ i ....--, C_J L-l Cl . February ~. 1980 RESOLUTION 80-26 RE PETITION'FDPO 79-V-7. EBERHARDT KLAPOETKA. REQUESTING VARIANCE FROM THE MINIMUM BASE FLOOD ELEVATION RECUESTED BY FDPO 79-62, FOR PROPERTY LOCATED AT 350 REGATTA STREET. MARCO ISLAND - ADOPTED Legal notice having been published in the Naples Daily News on January 20. 1980 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition FDPO 79-V-7, filed by Eberhardt Klapoetka, requesting approval of a variance from the Minimum . . Base Flood Elevation required by the'Flood Damage Prevention Ordinance (FDPO) No. 79-62 for property located at 350 Regatta Street. Marco Island. Florida. Planner Tom McDaniel explained, that the variance is being requested to permit thb construction of a single-family home at an elevation of 10.4 feet National Gecdetfc Vel,tical Dllt.um instead of 13.0 feet NGVD as required by the FDPO, a variance of 2.6 feet. He said that the nei9hboring lot slabs on either side are at approximately ~I elevation and for the petition! to bu11d at the required elevation would result 1n 2:1 side yard slopes whicl would be most difficult to maintain and would probably create runoff problem: for the neighboring lots to the north and south. Mr. McDaniel advised that the request for the subject waiver is being recommended for approval by the staff. Commissioner Pistor inquired as to whether or not the petitioner understands that there will be a sizeable amount of difference in his insurance premiums with Mr. McDaniel noting that the petitioner has acknowlec by letter that the granting of the va~iance may have a significant effect on the cost 01' obEaJning flood insurance. There were no persons in attendance expressing a desire to address the matter. whereupon Commissioner Pistor moved; seconded by Commissioner Archer and unanimously carried that the public hearing be closed. Commissioner Pistor moved to accept the recommendation by staff and for the adoption of Resolution 80-26 granting the waiver requested in Petition FOPO 79-V-7. The motion was seconded by Commissioner Wimer and carried 4/1 with Chairman Wenzel voting in opposition. eOOK 051 PAGE 299 r-'". L,', ] (' '] t::l February 5, 1980 ORDINANCE 80-21 RE PETITION NZ-79-12C. COUNTY PLANNING DEPARTMENT, AMENDING CERTAIN SECTIONS OF THE COMPREHENSIVE ZONING REGULATIONS RE CHILD CARE CENTERS - ADOPTED PURSUANT TO CHANGES MADE BY THE CAPC, AND FURTHER CHAN~ES STIPULATED BY THE BCC Legal notice having been pUblished in the Naples Daily News on January 17 and February 1. 1980, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition NZ-79-12C, filed by the County Planning Department. requesting amendments to various sections of the Comprehensive Zoning RegUlations for the Unincorporated Area of the Coastal Area Planning District to est3blish more restrictive requirements for the ~stablishment of child care centers in the Coas ta I Area. Planning Dlrector Danny Crew said that. pursuant to Board direction, several workshop sessions were held with the rAPC and interested citizens with regard to child care centers, with the main pnints of discussion being the number of children to be allowed in residential areas, whether the center should be occupied within a residence, and restrictions governing the play area. Dr. Crew reviewed the major Changes to the Regulations, as proposed and as contained in the agenda material. He said that the proposed amendments were presented to the CAPC for their consideration in their public hearing held on January 17. 1980 which resulted in the following changes: 1. The word gremise in the definition and under Paragraph A of Section 2 was changed to structure. ?. Paragraph C under Section 29 was changed to read as follows: The maximum number of children. which may be approved by the BCC, for each owner-occupied child care center shall be twenty-five (25) children. Paragraph 0(2) was amended by adding a minimum height of 5' along with the maximum height of 6'. 3. He said that the CAPC recommended forwarding Petition NZ-79-12C to the Board for approval subject to the three c~anges listed above. Chairman Wenzel inquired as to whether or not, in the event there is a change in ownership, if the commercial venture could be transferred with Dr. Crew stating that "PU" zoning "runs with the land". It was the Chairman's opinion that, by allowing such transfer, the rights of the abutting property owners may be infringed. Dr. Crew responded by stating that the CAPC and he, personally, do not share that feeling since no 8Oa~ 051 PACE 303 f ~ " , ' ( "" I I ",---,"- "'~1"~'; ';:<,~:,~~~~,~~'i<l;~:?\~;'- ., il..",,?,~,(<,~:\>,,~., --', February 5. 1980 051 Ptp~~onal Use is determined by the next door neighbors to it no matter what zoning district it is in. Also, responding to Chairman Wenzel. Dr. Crew said that the zoning ordinance now permits child care centers in residential areas and that what is being accomplished by the changes is a tightening up of regulations. Commissioner Pistor inquired if the changes in the regulations can be retroactive so that they will apply to other like centers with County Attorney Pickworth responding in the negative. Further responding, Attorney Pickworth explained that where there is an existing "PU". for a center in a residential district and the operations stops, is abandoned, the character of the operation is changed. or there is a violation of the terms of the "PlJ", the permission to operate it would cease and would there- after become subject to tile :lrdnged ordi,lanctt. Also. continued Attorney Pickworth, it is his opinion that there is no legal basis for restricting the transfer of "PU" since the Board's authorization is to regulate the use of the land and not to restrict the "free" transfer of property. Commissioner Wimer expressed concern over the stipulation being pro- posed tha t " All fences or wall s shall be subject to the same yard setback requirements as for structures" suggesting that the outdoor play area for children would be reatly reduced. Dr. Crew stated that such play area must meet the Health Department standards; otherwise, if such standards are not met, there could be no child care center established. He explained why it was felt that the stipulation was desirable to restrict the children from playing up against the next person's property line. Following brief discussion, Corrmissioner Wimer commented that he would like the matter to be discretionary due, in part, to the varied lot sizes and shapes. Com- missioner Pistor expressed his desire to have the requirement retained with the possibility of a variance being granted, if appropriate. Commissioner Wimer moved that the following paragraph be deleted from the proposed amendments to the pertinent ordinance: Section 8, Paragraph 29(D) - third paragraph: "All fences or walls shall be subject to the same yard setback requirements as for structures." The motion was seconded by Commissioner Archer and unanimously carried. Commissioner Wimer further moved that the following restriction also be t:01eted: Section 8, Paragraph 29(C) - first paragraph: "The play area setbacks shall he the same as for the minimum yard requirlMMmts for' the district. M '"" r--. I .) c.] Cl February 5, 1980 The motion was seconded by Commissioner Archer and carried 4/1 with Commissioner Pistor voting in opposition. Discussion returned to the matter of considering the sentiments of the abutting neighbors when granting a "PU" for a child care center with Commissioner Wimer inquiring about the number of complaints received in this regard. Zoning Director Perry advised that there have been complaints with regard to illegally-operated child care centers but that he could not recall any complaints pertaining to licensed centers of any major consequence. Attorney Pickworth asked if any nuisance complaints. have been received with Deputy Chief Barnett stating that there was one such complaint about two or three years ~90 and that the center was closed down for health reasons. how- ever, the complaint had nothing to do with noises, and the like. The following members of the public addres;ed the Board covering such matters as responsibility for supervision of the cen~ers, commercial ventures ! j I I f I J I being permitted in residential areas, and the like: 1. Marshall Webb - Collier County Federal of Civic Associations 2. J. L. Dutton - Pine Ridge Civic Association 3. Mike Zewalk - North Naples Civic Association 4. Donald Duco - Golden Gate Estates resident 5. Nancy Bisbee - Golden Gate Estates Area Civic Association 6. Ms. A. Keller - Golden Gate resident Chairman Wenzel suggested that the matter might be more thoroughly discussed in a future workShop session and further considered by the CAPC and the staff with the pOSSibility that changes could be made in the ordinance to addres:; the reservations made during the hearing. It was also his suggesti~n that the various representatives of the civic associations detail their concerns in writing for submission to the appropriate persons _ 'I I ,'1 ~ r~ staff, CAPC, and the like. Mr. William Walters, Chairman of the Coa5tal Area Planning Commission, observed that many of the same arguments being voiced have been raised two or three times during meetings of the advisory group for their con- sideration. He said that in their judgment child care centers are not commercial operations such as convenience stores. gas stations, and the like _ there is a large difference. He said such centers are serving a public need with regard to children and that, in their opinion, they belong in a more residential surrounding which is felt to be more advantageous to children. eo~~ 051 P/'~t S05 , ;1 "ji " ,~~ ".~-"'I-""'ll:'1;r!f~~.<;";" bOOK 051 pm306 February 5. 1980 There were no additional persons registered to speak. whereupon Com- missioner Pistor moved, seconded by Commissioner Archer and urenimously carried, that the public hearing be closed. Commissioner Pistor moved that the ordinance. amending Ordinance 76-30. as numbered and entitled below. be adopted pursuant to changes thereto recom- mended by the CAPC, and the further stipulatons adopted by the Board. The motion was seconded by Commissioner Archer and carried unanimously. In conclusion, Commissioner Wimer commented that it is obvious there is a disagreement over the definition of "commercial", noting that it is not against the laws of the County to make money in one's home, and added that a small child care center is not cla~sified as commercial usage. He pointed out the fact that there has been a lack of complaints with regard to the existing day care centers which he said serve a good and useful public function. It was the Commissioner's suggestion that lhe persons speaking on the subject personally visit the centers and talk to the neighbors abutting such centers and, that, if there is still a feeling that they are undesirable. they should come back to the Board for further consideration. Filed for the record was a letter received January 21, 1980 from George F. Keller. Chairman of the Zoning Committee of the Collier County Civic Federation, setting forth the Federation's viewpoint on the subject under discussion. ORDINANCE NO. BO- 21 AN ORDINANCE AMENDING ORDINANCE 76-30 THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF THE COASTAL AREA PLANNING DISTRICT BY AMENDING SECTION 3; SECTION 8; SECTION 21,2,C,(3); SECTION Z2.1,Z,C(1); SECTION 22.11,2,C,(1); SECTION 22.11',3,C,(2)iSEC- TION 22.IV, 2,C,(3); SECTION 23,2 (C),(2); SECTION 38,2,C,(7). RECESS: 10:35 A.M. until 10:43 A.M. PETITION NZ-79-13C, COUNTY PLANNING DEPARTMENT. REQUESTING AMENDMENTS TO ZONING ORDINANCE RE PRIVATE BOATHOUSES AND DOCKS. INCLUDING MOORING PILINGS _ PUBLIC HEARING CONTINUED UNTIL MARCH 11, 1980 Legal notice having been publiShed in the Naples Daily News on January 17 and February 1. 1980 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider a proposed ) -..,-- .--. ,.. . .-. 'I r-~~ ....-.. 1"-!..4-.n. i .> ..,' '~.<' ] L.:J I::l February 5, 1980 ordinance amending the Zoning Ordinance with regard to private boathouses and docks, including mooring pilings, as requested in Petition NZ-79-13C, filed by the County Planning Department. Following County Manager Norman's statement that the Planning Department has requested that the petition be continued until the March 11, 1980 meeting, Commissioner Archer moved, seconded by Commissioner Pistor and unanimously carrled, that the request be approved. ORDINANCE 80-22 RE PETITION NZ-79-14C, COUNTY PLANNING DEPARTMENT, REQUESTING AMENDMENTS TO SECTION 4B OF THE ZONING ORDINANCE TO CONFORM WITH POLICIES, PROCESSES, AND LANGUAGE OF NEW COMPREHENSIVE PLAN - ADOPTED legal notice having been published in the Naples Daily News on January 17 and February 1, 1980 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition NZ-79-14C. filed by the County Plannin9 Department, amending Section ~8 of Zoning Ordinance 76-30 by changes to the point rating system providing thClt all rezones must meet the rating system and not just those which fall within the denSity ranges of the Comprehensive Plan. Planning Director Danny Crew explained. as contained in the Executive Summary provided to the Board, that, under the prior Comprehensive Plan. any rezone which fell within the density ranges shown on the land Use Plan did not have to meet the point system. Under the present Plan, said Dr. Crew, density ranges :~ere increased and based on 2D year projections for development, and for this reason. the staff feels that all rezones should have to meet the point system. He said that the proposed requirement has received favorable comment from developers because it will give them the opportunity "up front" to know if there is a chance that their peitition will be approved. He pointed out that the Zoning Ordinance assumes that whp.n a plat is submitted lt is automatically assumed that it meets existing urban set'vices whereas the new Plan is a 15-20 year document and the services are not expected to meet the requirements for another 10-15 years. Dr. Crew said that the point system itself will be gOing through a review regarding the factors used, and the like, during the Adley Study and concluded by stating that the changes will make the Zoning Ordinance consistent with the new Plan in terms of timing a development. eOOK 051 PACE ~~7 : i .' '(. I - - 1 -.:....".:..id;'I;t..::..;J:;r..'-~" ",' ,.....;.:.......;.......hitt,,\-~'....,..., ... . , BOOK 051 f"cE'308 February 5. 1980 There were no registrants to speak on the matter. whereupon Commissioner Pistor moved, seconded by Commissioner Archer and unanimously carried. that the public hearing be closed. Commissioner Pistor moved. seconded by Commissioner Archer and unanimously carried that the ordinance, as numbered and entitled below. be adopted and entered into Ordinance Book No. 11. ORDINANCE 80 - ~ AN ORDINANCE MlENDING ORDINANCE 76-30, TIlE COH- PREllENSlVE ZONING REGULATIONS FOR TIlE COASTAL AREA PLANNING DISTRICT BY AMENDING SECTION 48 _ AMENDMENTS; AND PROVIDING AN EFFECTIVE DATE. RESOLUTION 80-27 RE PETITION V-79-25C, RAYMOND SCHALLER, REQUESTING A VARIANCE TO A FRONT YARD REQUIRED ON LOT 129. ROSEMARY HEIGHT~ ADDITION _ ADOPTED Legal notice having been publiShed in the Naples Dai~y News on Janu?ry 20, 1980 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was held to consider Petition V-79-2SC. filed by Raymond Schaller, requesting a 12.5 foot variance to a front yard required on the side street, subject property located on Lot 129, Rosemary Heights Addition. Zoning Director Jeffory Perry explained that the lo~ in question is SO' wide and the house being moved onto the property is being moved from a SO' lot; however, when the petitioner acquired the land. said Mr. Perry. he was not aware of the eAtra side-front yard setback which results in a 17~' building area. He ~aid that the staff recommends approval of the variance request. The petitioner, Raymond SChaller, addressed the Board explaining in 9reater detail the history of the building lot. as contained in his letter to the Zoning Department dated December 28. 1979. He emphasized his belief that when he purchased the lot that it was a regular residential lot and that, if he cannot put the house on the lot, it will be a financial hardShip, noting that he did not purchase the lot with the intention of "trying to get away with anything". Commissioner Archer moved, seconded by Commissioner Pistor and carried unanimously, that the public hearing be cl~sed. Commissioner Pistor moved, seconded by Commissioner Archer and carried un~nimcusly, that Resolution ~0-27 with regard to Petition V-79-2SC, as detailed above, be adopted. ,. h_ .. " r--l i-,.'>, " "(" ,,",,'1bt . L,__J [......J [:::J r":bruary 5, 1980 PUBLIC HEARING RE PETITION A-79-4C, CH^RLES AND KATHERINE BOOTS, APPEALING TO THE BCC TO PERMIT TWO MOBILE HOMES TO REMAIN ON PROPERTY ZONED "A" _ CONTINUED 90 DAYS TO PERMIT PREPARATION OF ORDINANCE FOR INCLUSION OF MOBILE HOMES IN "A" DISTRICT AS "PU" Legal notice having been published in the Naples Daily News on January 20, 1980 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was held to consider Petition A-79-4C, filed by Charles and Katherine Boots, appealing to the Board to permit two mobile homes to remaln on property zoned "A", said property being located in Section 17, Township 51 South, Range 27 East. and more specifica)ly described as Ri99s Road. Zonin9 Director Jeffory Perry reviewed the history of the appeal which was started by the previous owner of the property who had placed two mobile homes on the parcel without permits. He said that the appeal was started by the previous owner in April. 1979 but was stayed due to an appeal hv an adjacent property owner which initiated action by the County to change the zoning law; however, the Board failed to adopt changes and notification was sent to the owners that their appeal would be processed but. said Mr. Perry, the land had been sold to the appellants Mr. and Mrs. Charles Boots who are continuing the appeal. During the discussion which followed. Commissioner Pistor offered the suggestion that the planning staff review the present zoning ordinance for "A" zoning district with the possibility of changing it to permit a certain number of mobile homes to be placed on a certain amount of "A" land as a permissive use. Chairman Wenzel concurred with the suggestion as a means of working out a compromise which would allow situations such as the one being addressed to be settled. Commissioner Archer agreed that the "situation" " needs to be revlewed; however, he said that. since there is an absence of a permit involved, the Board is "stretching" their own laws. The petitioners were asked if their intent is to build a home on the property wlth Mrs. Katherine Boots stating that there is a possibility of their selling the property but that it is necessary to have the zoning matter straightened out. Mr. James Code. adjacent property owner. advised that the mobile homes were placed on the property the latter part of 1974, or the early part of 1975, and added that the only matter which is legal on the property is ~:>DK 05.1 PA~E 3it r i r i --- __...-:::::.';.i-~~~:,-_ .~_..:.- ~.... ..;.:..:;.:;. .....;~~'r:::.:~"'"":"~., " - .. -.-. ~._.". -.---.-........--... , t\oa~ 051 P~CE 312 a temporary power pole. February 5. 1980 He said that he submitted a complaint regarding the property but that there was no action taken until the property was "unloaded on" the present owners. Commissioner Pistor reiterated the suggestion made earlier that the subject be turned over to the Planning Oepartment to determine if it is in order to make a change in the "A" zoning which would allow mobi1l! homes as a "PU", and made a motlon to this effect which was seconded by Chairman Wenzel. County Manager C. William Norman brought to the Board's attention that there is a tremendous amount of pressure for people wanting to locate mobile homes in "A" and rural areas to the degree that there have been contacts from the power company sta~ing that there are problems in providing temporary service to such homes, making sure that they are permitted before responding. He explained the difficulties involved in determinirg whether or not a building permit is taken out for the purpose of building or as a w~y of moving a mobile ho~e into the area. Mr. Norman said that the more mobile homes which are allowed the more impossible the situation will become and that once the "door is cracked there will be a flood of people through it". Chairman Wenzel inquired if there is a designation between a trailer or mobile home and a modular home, once the wheels are removed and facilities connected. with Planner Lee layne responding that certain modular homes meet the Southern Standard BUilding Code but that not all of the mobile homes would meet the standards. Commissioner Wimer voice the opinion that. in light of today)s economy and the tligh costs of land and housing. permitting mobile homes in "A" districts would be "the best thiny we could do towards low-cost housing". He suggested that the staff be directed to draft an ordinance which would permit mobile homes in "A" districts without requiring a provisional use, and the like. He moved that the motion on the floor be amended to this effect. Commissioner Brown seconded the amendment to the motion. It was pointed out by Dr. Crew that the change would not help the situation under discussion since there is less than the required 5 acres of land involved. Commissioner Pistor observed that under his motion a "PU" could be given to permit a mobile home on 2ls acres of "A" land. Upon call for the question on the amendment to the motion, the motion f"iled 2/3 with Commissioners Pistor. Archer and Wenzel voting in opposition. _.__ypon call for the question o.n Co;missioner Pistor's originalr!!!9.!i,n, 'I .- ..........-.....-~..... .........,......~-,~-........ '.. .... ._....11,................ ....r:':.t~ ..:.., ......;......;.. I . ~~ ..;...............~........,~...............t~:............a....:.~...,.;.",,~.........._ . '_.1 {--.J [::J February ~, 1980 the motion carried by unanimous vote. It was the consensus of the Board t~at the petitioners be permitted to remain on the property until the subject ordinance drafthas been prepared wIth Commissioner Pistor moving to this effect. The motion died for lack of a second. Commissioner Archer moved that the public hearing with regard to Petition A-79-4C be continued for a period of ninety days. The motion was seconded by Commissioner Wimer and unanimously carried. REQUEST BY NAPLES AREA CHAMBER OF COMMERCE FOR COOPERATION BY THE COUNTY IN ESTABLISHING A "FINE ART EXHIBITION IN NAPLES" - CONCEPT APPROVED Mr. Edward Verdesca, representing the Naples Area Chamber of Commerce. approached the Board for the purpose of requesting the cooperation of the County in aChieVing their goal to establish an annual "Fine Art Exhibition 1" r:Jples", as detailed in the speaker's letter of January 25, 1980 to the Board. Concerning the kind of support being requested, Mr. Verdesca said that the two main areas of support include the transportation of the large pieces of sculpture, and insurance and protection of the pieces of art works displayed on public property, namely the Collier County Courthouse Complex. County Manager Norman suggested that. in the event the proposal be acted on favorably, that the approval be in concept only because more specifics will be needed regarding the costs and responsibilities involved. Co~issioner Brown moved that the proposal be endorsed in concept and that the staff be instructed to '.~ork out the necessary details for Board review. The motion was seconded by Commissioner Wimer. Commissioner Wimer noted his enthusiasm for the project, observing that it will benefit the County, the City of Naples and all of the residents and requested that the staff work dilligently on the project. Mr. Norman noted the p."esence of Mr. Jack Conroy who had regi stered to speak; however, Mr. C~nroy declined the opportunity, noting his endorsement of the project. Upon call for the question the motion carried unanimously. BOOK 051 PACE 313 ( J. ~;i:~'.a;l-b~~ \, l*l':l.'.',. ' BOOK 051 PACE '91' February 5. 1980 REQUEST BY MIKE ZEWALK TO CONSIDER AN ORDINANCE REQU!RIIIG THE POSTING OF GASOLINE PRICES - COUNTY ATTORNEY TO RESEARCH CONSTITUTIONALITY OF SUCH AND PREPARE DRAFT, IF APPROPRIATE. FOR BOARD REVIEW Mr. Mike Zewalk said that it is the opinion of the people in the northern end of the County that the price of gasoline should be displayed at service stations so that drivers would not have to travel throughout the County in search of cheaper gasoline. He said that this could be done without cost to the station operators because the signs are already in place, but do not show the price in most instances. County Manager Norman said that the President of the G~olin~ De~lers' Association has been contacted and that he is in opposition to such regulation. Responding to Mr. Zewalk's statement that an ordinance to this effect has been adopted on the east coast, County Attorney Pickworth said that it is his belief that such ordinances have been held t, be unconstitutional. however, he said that he would check on the matter. Commissioner Archer moved that the Attorney be directed to look into the matter and develop an ordinance, if appropriate, for the Board's consideration. The motion was seconded by Commissioner Pistor and unanimously carried. REQUEST FOR IMPROVEMENT TO AUTO RANCH ROAD - ENGINEER DIRECTED TO PROCEED WITH ACQUISITION OF RIGHT-OF-WAY. INCLUDING CONDEMNATION PROCEDURE, FOR EACH PARCEL OF AFFECTED PROPERTY AND REPORT BACK TO BCC Mr. Don landrum, Auto Ranch Road resident, explained that the property owners on Auto Ranch Road have been trying unsucceSSfully to have the road improvt:d and requested that the Board help them "to get something done". Public Works Administrator/Engineer Clifford Barksdale explained that a petition was received in May of 1978; however, at that time. the petition did not have the required number of signatures. He said that a list of all of the owners or property on the subject road was furnished to the petitioner but when an additional petition was presented it was discovered that they'did not have the rights-of-way which is required before any action can be taken. It was indicated, said Mr. BarkSdale, that it was not their desire to have the road'paved - only maintained - and that the staff was asked to investigate the cost estimate for maintaining the road on an annual basis, the thought being to possibly create d special taxing di:trict just for the maintenance. In the meantime. he said that an attempt was made to obtain quit claim deeds for the rights-of-way but that there are ( - ...--., r'- -, L,J l__~ E:I February 5. 1980 still 13 owners who have not provided such deeds. two of whom have indicated that they would definitely not give the rights-of-way. If and when the rights- of-way are obtained further action can be considered; i.e. an assessment distrlct to pave the road, or the Board could deviate from their policy, lf so desired, and create a special taxing district for the maintenance of the road. He pointed out that the latter possibility might not be the proper precedent to set because there are so many roads in a ~imilar category, and the increased burden placed on the staff to tloy to maintain the road, and the administrative burden. The matter of condemnation proceedings in order to obtain the necessary rights-of-way was suggested with County Attorney Pickworth pointing out that there would be a huge sum of money involved. He said that the deeds which have been received could be given back, following which the whole road could t.r, condemned with each owner paying an equal share; however, he said he is doubtful that everyone waul d want to "pay the tab on something like that". The matter of exerting pressure on the "holdouts" was discussed with Mr. Barksdale commenting that several letters have been sent to those persons wherein it was pointed out that they were holding up improvements to the road. Mr. Landrum advised that some of the owners are only here for winter vacations and are not here when the high water causes problems. Commissioner Wimer moved that the Engineer be authorized to proceed with the necessary steps to acquire the rights-of-way, including condemnation of every parcel of land, if necessary. Commissioner Brown seconded the motion. Attorney Pickworth advised that the proper approach to take is to get a cost estimate following which a determination can be made with regard to financing such costs. Commissioner Wimer amended his motion to add that following the investigation of the condemnation procedure, the Engineer will report back to the Board, with Commissioner Brown concurring with the addition to the motlon. Mr. Elmer Jeffers, resident of Auto Ranch Road, voiced the opinion that it might be advisable to inform the "holdouts" of the alternatives available to them, the cheaper way to go. and that it is going to be done anyway. Upon call for the question, the motion carried unanimously. BODK 051 PACE 315 ( I I I ,.-, """", BOOK 051 PACE316 February 5. 1980 REQUEST BY JOHN SCHILLER FOR BOARD RECONSIDERATION OF THEIR DECISION RE BAIT BARGE BUSINESS ON SR 951 - REQUEST DENIED Mr. John C. Schiller, owner of the Bait Barge located near the Marco Island Toll Bridge, read from a brief prepared by his attorney after a review of the matter to reinforce his (Mr. Schiller's) contention that he should be permitted to engage in his business at the subject location. Among the matters addressed by Mr. Schiller. referring to the research mat.erial, was the opinion with regard to the title of the land under the toat being vested in the State and part of a public right-of-way belonging to all of the people of Florida with the County representing only a fraction of the population of Florida and attempting to regulate land belonging to all Floridians. Also mentioned by Mr. Schiller was the fact that thn use of the barge for bait selling does not violate the Agricultural Zoning designation of the area and that it actually enhances an outdoor recreational activity ~nd presents no possible endanger to the environment. Mr. Schiller continued reading from the various documents at length. Following the conclusion of his statments. Chairman Wenzel observed that the petitioner was cited for a violation pursuant to a public complaint with Zoning Director Jeffory Perry concurring, noting that Commissioner Pistor had received complaints which were. in turn, passed on to the County staff. County Attorney Pickworth explained that Mr. Schiller was cited for a violation of a County ordinance. that he was tried and convicted of such viol~tion in the County Court. that he appealed his conviction to the Circuit Court sitting in its appellant Jurisdiction, and that the documents read to the the Board was the brief which his attorney submitted to the Circuit Court on the appeal. The petitioner's conviction was upheld by the Circuit Court, said Attorney Pickworth. which amounted to a total rejection of the attorney's legal arguments. He said that is where the matter' stands at the present time. Commissioner Wimer reported that he had conversed with Mr. Schiller regarding the matter, noting that the judges have found him gUilty of violating an existing County law and that he was not prepared to argue with such decision; however. said the Commissioner. it is his personal r- ......, I' .' l.,....."'_....._ _-......__ ,..,....,."".~....>........~~....'.... . ~ ..,...'t....~~...........,.;.......-......._._....._..........:..............~. I__J I..J I=:J February 5, 1980 feeling that he is in agreement with the 3,000 people who have signed a petition as stated by Mr. Schiller. that operatior.s such as Mr. Schiller's should be allowed. He said that what he Houlri like to do is change the pertinent County law and moved that an ordinance be drafted whereby bait sales could be included as a "PU" in the Agriculture zoning district. The motion was seconded by Commissioner Brown. Attorney Pickworth said that if the Board wants to consider a change in the law he will file a petition with the Court aSking that they "stay" their order that the barge be removed until such time that the Board har. revlewed a possible change in the ordinance. Deputy Chief Barnett commented that Mr. Schiller is at the present time in violation of the Court Order since the barge was supposed to have been removed the previous Friday. Planning Director Danny Crew recalled that in January, 1979, the Coastal Area Planning Commission considered a change in the zoning ordinance which would permit bait sales as a "PU" in the "A" 'Dist rict. There was a hearing, said Dr. Crew, wherein input was received from the public, various advisory boards, staff and the like, and it was the unanimous decision of the CAPC to recommend denial of the petition on the grounds that it would lead to proliferation of commercial usage on the waterways, it would cause effluent to be dumped into public waters, and cause traffic hazards. He said that the recommendation was upheld by the Board. Commissioner Wimer stated that what he would like is a new document whl~h would accommodate the concerns expressed so that if a person wanted to operate a legitimate bait sale business the petition could be reviewed on an individual basis as Provisional Uses are supposed to be. Commissioner Archer, although expressing sympathy with Mr. Schiller, suggested that if he wants to run a business, he can purchase a piced of property and go lnto the business of selling bait just as any other business- man does. He said that he cannot see continuing to work towards a situation to satisfy one individual who is not willing to comply "with the rest of the world" . Upon call for the question, the motion failed 2/3 with Commissioners Pistor, Archer and Wenzel voting in opposition. Captaln Alfred J. Kurtz, local fisherman. requested that the Board consider a variance whiCh I~uld allow Mr. Schiller to continue to operate his business due to financial circumstances. &D~.\ 051 pl.r~ '~i 7 J'," rf/---- BOOK 051 PACE 318 February 5. 1980 RESOLUTION 80-25 PROCLAIMING THE WEEK OF FEBRUARV 3 THROUGH 9. 19BO AS "MENTAL HEALTH AWARENESS WEEK" - ADOPTED Commissioner Archer moved. seconded by Commissioner Pistor and unanimously carried. that Resolution 80-25 prOClaiming the week of February 3 through 9, 1980 as "Mental Health Awareness Week" be adopted. There being no representatives in attendance to receive the executed Resolution, the Chair directed that it be forwarded to the appropriate persons. * * * * * * * * * * ,-'---- , ..--. r I ..._..'t.f............ aoax D51 PACE '320 February 5. 1980 ." ." '" RECESS: 12:02 P.M. until 1:30 P.M. at which time Deputy Clerk Brenneman was replaced by Deputy Clerk Darlene Davidson. Commisisoner Brown arrived at 1:37 P.M. ." ." '" PETITION FDPO 80-V-l, MARCO lUTHERAN CHURCH, REQUESTING A VARIANCE FROM THE MINIMUM BASE FLOOD ELEVATION REQUIRED BY ORDINANCE 79-62 _ ADVERTISING AUTHORIZEO FOR PUBLIC HEARING ON FEBRUARY 26, 1980 Commissioner Archer moved, seconded by Commissioner Pistor and carried unanimously 4/0, with Commfssioner Brown absent. that advertising be authorized for a public hearing on February 26. 1980 re Petition FDPO 80-V-l Marco Lutheran Church. requestfng a '/ari,lnCp. from the minimum flood elevation required by Flood Damage Prevention Ordinance 79- 62. PETITION FROM THE CITY OF NAPLES FOR DESGINATION OF SPECIMEN TREE RE lIVE OAK TREE lOCATED NEAR THE INTERSECTION OF 26TH AVENUE AND 10TH STREET NORTH _ ~~~TISING AUTHORIZED FOR PUBLIC HEARING ON FEBRUARY 26, 1980 Commissioner Archer moved, seconded by Commissioner Pistor and carried unanimously 4/0, with Commissioner Brown absent, that the petition from the City of Naples for designation of a specimen tree re Live Oak , tree, located 13' west of the pavement edge and 220' south of the southeast corner of the intersection of 26th Avenue and IDth Street North be advertised for public hearing on February 26, 1980. PETITION FROM THE GOODLANO CIVIC ASSOCIATION, REQUESTING THE DESIGNATION OF A SPECIMEN TREE RE BUTTONWOOD TREE. lOCATED NEAR THE INTERSECTION OF SR 92 ANO SR 92A - ADVERTISING AUTHORIZED FOR PUBLIC HEARING ON FEBRUARY 26, 1980 Commissioner Archer moved, seconded by Commissioner Pistor and carried unanimously 4/0, with Commissioner Brown absent. that the Petition from the Goodland Civic Association, requesting the designation of a specimen tree re Buttonwood tree, located approximately 36' east of the east pavement edge of SR 9ZA, approximately 1150' south along the east pavement edge of SR 92A from the intersection of SR 92 and SR 92A be advertised for public hearing on February 26. 1980. PARKS AND RECREATION DEPARTMENT RULES AND REGULATIONS AND CHARGES FOR lIGHTING BAllFIELDS - APPROVED Parks and Recreation Director Rollie Rice presented his recommendations :':?garding the Collier County Parks and Recreation Department's rules and (I ~',':, .,'Of ^,~~\-1!~~ ~~..'" ,',~" 'I';',:Y'~~"~r"/~' '.......\~: C-=l r~':<] ./ CJ February 5, 1980 regulations concerning the use of and the charges for the lighting of the ballfields at the County parks as more fully defined within the Executive Summary. He noted that a minimal charge has been collected from users of lighting at the ballfields for practice purposes and that regular fees cover the lighting during regulation play. He noted that the charges have been met with very little resistance from the many users and he recommended that the Board approve the submitted rules and regulations regarding the lighting charges and users' fees. Ms. lee Layne. resident of Collier County and user of the facilities in question, addressed the Board in support of the ch~rges for lighting at the ballfields. She noted that she is a participant in the use of the ballfields for practice purposes, and that she feels the fee is reasonable and the lighting is beneficial. Commissioner Pistor moved to approve the Parks and Recreation User's Fee Rules and Regulations. including the charges for lighting within same. Commissioner Archer seconded the motion and it carried unanimously 4/0, with Commissioner Brown absent. * * , 'i * * * * I BOOK 051 P~CE 3Zf ~ ,I,." f;{ I ,.~- , t: , ':.!f',"! !,'''\~,''"!~~~:~~l'f~';--t. "i;'h'':~'~:'~'-'l'!t.i\r~1l-.:...t~'W\~1't...;; loi~:~~~~~J:,.. . BOOK 051 PACE324 February 5. 1980 RESOLUTION NO. 80-28 RE PETITION PU-79-9C. HUBSCHMAN ASSOC.. EXTENDING THE PROVISIONAL USE FOR A SHOPPING CENTER lOCATED AT THE NE CORNER OF US 41 AND PALM DRIVE IN THE GLADES SUBDIVISION TO 1/25/81 . ADOPTED Ms. lee Layne, Planner. located the subject property as at the NE Corner of US 41 and Palm Drive, Glades Subdivision. She stated that Petitlon PU-79-9C, Hubschman Assoc., was for an extension of the Provisional Use for a shopping center over 25.000 sq. ft. in area, for the period of six months from the expiration date of same Provisional Use. due to soaring interest rates and mortgage difficulties of the developer. Ms. Layne stated that it is staff's recommendation that the Board approve an extension. Commissioner Archer moved, seconded by Commissioner Pfstor and carried unanimously 4/0, wHh Commissioner Brown absent. that Resolution No. 80-28 re Petition PU-79-9C. extending the provisional use expiration date to January 25, 1981 for a Shopping center that is over 25.000 sq. f~. as requested by Hubschman Associates, be adopted. *' * * * * * * * * r'- -'j r--l r .. I ,~ :- ).':i.{..L~!IJ:!Mi._,'" u:~, .1!"..,:~,~1.;;,'~, ~ .,. ""',-' eoo~ 051 PACE'326 February 5. 1980 FINAL PLAT FOR PHASE II. IMPERIAL GOLF ESTATES ON PROPERTY LOCATED OFF IMPERIAL GOLF COURSE BOULEVARD IN SECTION 1~. TOWNSHIP 48S, RANGE 25E. RE PETITION FP-80-2C - APPROVED SUBJECT TO STIPULATIONS Planner Lee Layne presented Petition FP-80-2C explaining that it was a request from the developers of Imperial Golf Estates for final plat approval of Phase II of said development. She noted that the County Engineer has reviewed the construction drawings and final plat for Phase Two and has found them in compliance with the Subdivision Regulations. Ms. layne stated that on December 5. 1978, the developer Signed a Mutual agreement with the County to provide certain items relating to central sewage; the County Engineer has found that the developer has complied with items 1 and 2 of said agreement; and that the developer can comply with items 3 and 4 of r:aid agreement prior to recorda- tion of the final plat. She continued. that the Planning Department has reviewed the final plat for compliance with the Master Plan whi~h was approved and revised by the Board in May. 1978 and found it to be in compliance, therefore, it is recommended that approval be granted of the final plat for Phase II of said development subject to the following stipulations: 1. Final plat not be recorded until the required improvements have been constructed and accepted. 2. Final plat not be recorded until a security is provided in the amount of $124,886.40 to cover the 10% of construction cost for 1 year maintenance after preliminary acceptance. 3. Final plat not be recorded until full compliance with the December 5. 1978 agreement is met. Commissioner Pistor moved. seconded by Commissioner Wimer and carried unanimouSly 4/0, with Commissioner Brown absent. that the final plat for Phase Two of the Imperial Golf Estates re Petition FP-80-2C be approved subject to the above mentioned stipulations. RESOLUTION NO. 80-29 SUPPORTING THE INCREASE IN FEES TO IMPROVE MVI OPERATIONS ADOPTED County Engineer Clifford Barksdale requested consideration for the adoption of a resolution regarding the County's support in the increase in fees for the Motor Vehicle Inspections in order to improve MIV opera- tions. He noted that the Vehicle Safety Inspection Association of Florida has requested the Board to adopt such a resolution based on increasing operating costs and the necessity for capitol improvements to meet demands. Mr. Barksdale stated that It the present time. the MYI Program in Collier r-- '-'1 .--, r' ---- '-, ~ "','" 1,/ C-=.l ~u 13 February 5, 1980 County is operating at a near break even point regarding expenditures versus revenue, however. if same expenditures keep climbing as has been the case in the last yeArs the MVI operations will be running into a "loss". He noted that the proposed increase will be to no more than $5.00 and he feels that this would be minimized by the users of the MVI facilities in that the overall operations of the MVI Station will be expanded and would allow for more efficient inspections as well as the ability of the free headlight adjusting service to be offered at the station. Commissioner Archer moved. seconded by COmmissioner Pistor and carried unanimously 4/0. with Commissioner Brown absent. that Resolution No. 80-29 supporting the increase in fees for the MVI operations be adopted. * * * * * * * * * &00,; 051 PACE 327 L_l f...,.] Cl February 5, !:ldU * At this time. Commissioner Brown joined the meeting. Time, 1:37 P.M. FOUR WATER WEll PERMITS FOR THE COLLIER COMPANY TO BE LOCATED IN SECTION 6, TOWNSHIP 49S, RANGE 33E - APPROVED SUBJECT TO STIPULATIONS County Engineer Clifford Barksdale stated that the Collier Company is requesting approval for four(4) water wells that will be 9-5/8" and located in the Southeast Quarter and the Southwest Quarter of Section 6, Township 49 South, Range 33 East. with two wells lying in each respective Quarter. He noted that a description of same wells is more clearly defined within the Executive Summary as is a map of the subject area. He stated that the pumping capacity is to be 380 GPM. Mr. Barksdale stated that the representative from the WMAB has administratively approved the subject permits and it is his recommendation that the Board approve same subject to the following stipulations: 1. That a copy of the driller's log be submitted to the County Engineering Department upon completion of the drilling,operation. 2. That a water analysis regarding water quality be sub- mitted to the County Engineer. Commissioner Archer moved, seconded by Commissioner Pistor and carried unanimously 5.0, that the permits requested by the Collier Company for four 9-5/8" water wells to be located in the Southeastern and South- western quarters of Section 6, Township 49 South, Range 33 East. be approved subject to the aforementioned staff recommendations. CURCIE ROAD ACCEPTED AND QUIT CLAIM DEEDS FOR TWO RIGHTS-OF-WAY ACCEPTED FOR RECORDATION County Engineer Clifford Burksdale stated that Curcie Road has been prepared for acceptance according to County standards and is so stipulated within the Executive Summary along with a map that locates said road. He stated that the road was approximately 1500 feet long and ran north of the right-of-way for SR 92. Mr. Barksdale referred to the year 1973 during which this road was completed to County specifications. He noted that at that time, durln9 preliminary inspection, there were several deficiencies that had to be taken care of and up until this time same was not completed. He did note that at this time a" requests from the Engineering Department have been met and in keeping with the county policy same can be accepted. BOOK 051 rACE 329 - y - ~ "i_"':~"'~MIMI~UIft___''''~'I:lf~~~l:J~ ,.~:' '. (::",,,..1 ," . \i BOOK 051 PACE330 February 5. 1980 He further noted that there are two remaining rights-of-way that have been acquired and are ready for acceptance and recordation; one from Collier Company; and one is from Curc1e Bros. He stated that both deeds have been executed by the respective original owners and are satisfactorily prepared for acceptance today. In answer to Commissioner Pistor. Mr. Barksdale stated that even though Curcie Road is very short and seems to lead to nowhere in particular. it does serve as access to both private and public lands. He recommended that the Board accept the Quit Claim Deeds for rights.of-way and that the Board accept Curcie Road. Commissioner P1stor moved. seconded by Commissioner Archer and carried unanimously 5/0, that Curcie Road be accepted by the County and the two Quit Claim Deeds for rights-of-way be accepted for recordation, as rec(;::vnended by the County Engineer. '" '" r , '" '" '" '" '" '" '" '" I q r-l ,.....-....., \ ,- 1/ [' I I- I I I BO:)); 051 PAGE3S6 February 5. 1980 "COIISUMAT" INCINERATOR AT MARCO ISLAND DECLARED SURPLUS - TAKING OF BIOS FOR DISPOSAL OF SAME AUTHORIZED County Engineer Barksdale stated that the "Consumat" incinerator that is located at Marco Island is in need of repairs that are both expensive and impractical. He noted that in the past the incinerator has been used to burn hospital wastes. bank records. and contraband. Ho also said that approximately six months ago. operations at the incinerator were cut back to burning only once a week. and in light of the needed repairs and the costs of same, and the fact that the hospital now has its own incinerator, he recommends that the County declare the incinerator as "surplus" and proceed, with the letting of bids to have it disposed of. Mr. Barksdale stated that the rate of growth and projected population density of the Marco area require the addition of a second transfer compaction unit at this location and the removal of the :ncinerator would alicw for the necessary space for same, which is planned for FY 1980-81. After a brief discussion regarding the related costs of repair; whether or not it was advisable to keep the incinerator going for emergency use; and the need for the space for a second transfer station on Marco, Mr. Barksdale stated that it is his feeling that it is impractical to keep said incinerator in operation solely for the use of the Sheriff's Depart- ment and Deputy Chief Raymond Barnett concurred. Sheriff Barnett stated that at the present time other arrangements are being worked out that will allow for the burning of contraband. Co"rnissioner Archer moved, seconded by Commissioner Pistor and carried unanimously 5/0, that the "Consumat" incinerator on Marco Island be declared surplus and the letting of bids for the purpose of having same disposed of be authorized. ....----... ,,~>',- '.,J'r.....,. '/'i 'J" "<.i'r \'l 11_ ....... . ,- , L:=J C2J c:J February 5. 1980 STATUS REPORT RE COUNTY IMMOKft.LEE STOCKADE AND RELATED CORRECTION ACTION DELIVERED BY COUNTY MANAGER - STATE ATTORNEY TO BE FORMALLY THANKED FOR HIS RECENT ACTIONS RE SAME - PAY INCREASE FOR ACTING WARDEN'S POSITION - APPROVEO County Manager Norman reported the status of corrective measures being undertaken by the County pursuant to the State Attorney's recent conclusions reached after an extensive investigation of the Immokalee Stockade. Among the items covered by Mr. Norman were the fOllowing: 1. Mr. D'Allessandro's conclusions regarding the Stockade operations were very closely paralleled to those of the County Public Safety Administrator Mr. T. H. Hafner. - 2. St.llta Attorney 0' Allessandro has been most cooperative regarding both his findings and those of Mr. Hafner and has aided in enabling staff to take the proper measures to correct any deficiencies in the said facility and operations thereof. 3. Many measures to correct deficiencies have been under- taken by the County, both prior to and since Mr. Hafner has become the Public Safety Administrator. and these are more fully defined within the F~ecutive Summary. 4. Recommendations for Board consideration regarding other corrective measures will be forthcoming. Mr. Norman noted that during a meeting with Warden James Lester on February 1, 1980, Mr. Lester's resignation was offered and accepted. Mr. Norman said that Mr. C. B. Hadley, Assistant Warden, has been appointed Acting Warden until such time as an appropriate replacement can be selected, and recruitment efforts are presently underway. Mr. Norman asked the Board to consider his recommendation of increasing Mr. Hadley's salary by $1.00 per hour for the period of time that he is to remain in the position of "Acting" Warden, to compensate for the added responsibilities he assumes in said position. Mr. Norman recommended that the Board formally thank Mr. D'Allessandro for the time consuming and thorough investigation which he and his staff have undertaken. Commissioner Wenzel asked what was to be the salary for Mr. Hadley if he were not chosen to remain in the position of Warden? Mr. Norman explained that his salary would revert back to what it was prior to his being appointed Acting Warden, if this were to take place, because he would also be relinquishing the added responsibilities of the position of Acting Warden and would be working again as the Assistant Warden. BOOK 051 PACE 937 1'1 ~./ BO~X ~~~ February 5. 1980 Commissioner Brown moved. seconded by Commissioner Wimer and carrIed unanimously 5/0, that Mr. Norman's above-mentioned recommendations regarding the formal thanking of the State Attorney and the increase of $1.00 per hour for Mr. Hadley. who is now holding the position of Acting Warden, be approved. BOND RESOLUTIONS CWS-80-5 AND CWS-80-6 (WILLOUGHBY ACRES) - ADOPTED County Attorney Pickworth reported that he has prepared the drafts of Bond Resolutions CWS-80-5 and CWS-80-6 regarding the Willoughby Acres sewer and water improvement districts. respectively. He recommended that, pursuant to previous Board action regarding the implementation of the sewer and water s~stems in the Willoughby Acres area, the Board adopt same Resolutions; authorize the Chairman to execute the final documents; and that said Resolutions are to be adopted including any minor verbage and numeric changes that he. as the preparer of said documents, deems nec"ssary. Commissioner Archer moved. seconded by Commissioner Wimer and carried unanimously 5/0, that Bond Resolutions CWS-80-5 and CWS-BO-6. regarding the Willoughby Acres area water and sewer improvements, as prepared by the County Attorney. be adopted. * * * * * * .-_. "' ~ []J ('!"""\:~-J t:/;f"',:..7'" February 5. 1980 RESOLUTION NO. 80-30 AMENDING RESOLUTION NO. 78-137 BY AMENOING LEGAL DESCRIPTION OF GOODLANO WATER DISTRICT - ADOPTED County Attorney Dona11 Pickworth stated that in 1978 the Board declared their intent, through the adoption of Resolution No. 78-137. to construct a potable water supply and distribution system for the Goodland Water District. He stated that an error in said resolution regarding' the legal description of lands that make up the district has come to his attention and should be amended to include certain unplatted lands that were thought to be platted at the time Resolution 78-137 was adopted. Commissioner Pistor moved. seconded by Commissioner Wimer and carried unanimously 5/0, that Resolution No. 80-30. amending the legal descrip- tion of certain lands that make up the Goodland Water District within Resolution 78-137, be adopted. * * * * * * * * * * f~;~ 051 PACE 409 l_J C__:l February 5. 1980 ROUTINE BIllS APPROVED FOR PAYMEN1 Commissioner Pistor moved, seconded by Commissioner Archer and carried unanimously 5/0, t.hat the bills be approved for payment as witnessed by the following warrants issued from January 30. 1980 through February 5, 1980, same having been processed following established procedures, with funds available: FUND BCC Payroll WARRANT NOS. 8304 - 8750 3993 - 4197 County Warrants PARTIAL PAYMENT FOR INSURANCE PACKAGE POLICY FOR THE COUNTY _ APPROVED IN THE AMOUNT OF $84,835 Fiscal Officer Harold Hall explained that the Insurance Package Policy for the County has been reviewed and that if offers better coverage than previous years; that the total premium is $145,847 per year; and that this figure is approximately $16.000 higher than the previous year. lie stated that provisions have been made for the County to pay the premium in installments rather than all at once and that a partial payment is due for $84,835. Mr. Hall noted that pursuant to discussion last year, it is his intent that competitive bids be let for said insurance coverage in the future, however, this is not possible at this time as the County needs more information for; I implementation of same and an appraisal must be obtained. He said that it is his hope that the bid specifications will be prepared in approximately six weeks and that he will present his recommendation for Board action at that time. Mr. Hall recommended that a partial payment of $84,835 be app~lved for payment to Benson Insurance Agency, as indicated in the renewal cel'tificate and invoices provided with the Clerk's report. Conrnissioner Plstor moved. seconded by Commissioner Archer and carried unanimously 5/0, that partial payment be approved for the County's Insurance Package Policy in the amount of $84.835. BUDGET AMENDMENT NO. 80-27 PROVIDING FUNDS FOR A 5% INCREASE FOR PLANNER II PO~~TION - APPROVED IN THE AMOUNT OF $1,309 Mr. Hall, Fiscal Officer, noted that Budget Amendment No. 80-27 provides for the transferring of funds from Contingencies to Regular Salaries 800K 051 pm 411' ., /~ ! .,.: ""'i.t'~i~!Iltt >"'~'! ~,;." ~'.. r~'~:~~1'rSt4.~~'~:'_, ec:~ 051 rm412 February 5. 1980 within the Planning Department's budget and is compatible to previous action of the Board. Commissioner Archer moved, seconded by Commissioner Pistor and carried unanimously 5/0, that Budget Amendment No. 80-27 be approved as recommenoed by the Fiscal Officer in the amount of $1,309. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BUDGET AMENDMENT , , , @xnequircs Doard l\pproval . D Do'e's' Not. Require Board 1\pproval , (transfer within bbject. code range) . .......o.................................... . ................. GEN~R1\L : , " 0 ,', 0: 0 , , , DEPoT,.;' 0 :P~A~~:+~Q' : . . : ' , . . . PUND - DESCRIPTION: To transfer funds from Cont.ingencies to Regular Salaries to provide for 5% salary increase for promotion of Planner I t.o Planner II as approved by th~ Board. APPROVED BY THE BOARD OF COUNTY COMMISSIONERS 12/18/79 TO (Increase): Regular ~alaries PROM (Source of Funds): 001-515-1-16-11-010-120-00000 $ 1,309 Contingencies 001-519-1-00-05-010-990-00000 $ 1,309 Co~\ty,.~~71DiVt1Dir. Fiscal Of~icer .71'1r.~tiW~ -IL 0.._ ~pro~l::}I.J;~~ Date: 7-z.s' --de) Datel J -7~'J"/O DIS'l'IUDUTION: '~Board Records (Original) Fiscal Officer Oeparbnent(s) ~ffected Board of County Comm. Approval: Date: Fcb. 5 ' 1980 BUDGET 1I.MEND. No. 80-7.7 .n Accounting Department lJ Purchllslng (Equipment. Only) ~ Budget Anl'llyot ...Rev .12/: 7/7.9HLU -- r-"-l .--, f"-" , r------~:'"'IC~.:_,...;. ;>;...-,;:.... -.--....----.-.-.......--....-~ a..JL ..,... t .~ . _~J.. ~ rn( I T i ';+ '~I~,,~ ,- L...J L _.~:) February 5, 1980 BUDGET AMENDMENT NO. 80-28 TRANSFERRING FUNDS FOR PERSONNEL MANAGEMENT STUDY AND EMPLOYMENT OF A PERSONNEL SPECIALIST - APPROVED IN THE AMOUNT OF $24.500. Fiscal Officer Hall noted that Budget Amendment No. 80-28 reflects previous action of the Board on 12/18/79, at which time it was the Board's directive to provide the necessary funds for a Personnel Study and the employment of a Personnel Specialist from other than General Fund's contingencies. Commissioner Archer moved, seconded by Commissioner Pistor and carried unanimously 5/0, that Budget Amendment No. 80-28 be approved in the amount of $24,500, BUD GET.:A MEN D 11 E N T , &l Requires Board Approval . D O'oe's' N'ot Require Doanl Approval , , , . , , , '.. , , , , , , . . . . . , . . . . <,t.r.a.n.s.f:,e,r, ~o1.i.t,h,i,n ~~j,e.c.t: .c.o,d.e, ,r.a,n,g,e,> FUND .GENE.!V\I. , . . , . . . . , , . . DEPT.: : : :~E~S,ON,~EI; , , : : . DESCRIPTION: To transfer funds from various object code line .items of three departments, Engineering, Bui1rling Maintenanc~ and 1\dministrative' Services Division to the Personnel Management study and for the employment of a Personnel Specialist. PREVIOUSLY APPR 'i "m 3Y TilE BOARD OF COUNTY COMMISSIONERS 12/18/79. TO (Increase): Per'sonnel Regular Salaries Social Security Match Retirement Contribution Life & Health Insurance Workmen's Camp. Other Cont. Services 001-513-1-11-15-010-120 $ 001-513-1-11-15-010-210 001-513-1-11~15-010-220 ODl-513-1-11-15-010-230 001-513-1-11-15-010-240 001-513-1-11-15-010-349 14 , 252 874 1,297 1,032 45 1,000 FROM. (Source of Funds) : Engin Rc So !<c L:i. lo!o $24,500 eering .. ...... ..'.....,....,',' <.,....:..'~".:l:,..','."...".,i..:.:, gu111r, sa1ariesOOl-541":i":'l'2'':''6.7-010'-120$ ~: ~','569 ""." dai 'Security Mat'cn '. .001,..541':1:;::"12.,.67-0'1O"';210..,:'::.:'~3U, :.,',,' !,.':"" t~x:'~men't ~o~,t;rib~~.i9n'OOl~541....1-,.l2:F-.o1'O-220 '..,.:..).:,507 ':,;, ,:::" fa '" Health' .Irisurah"~e' 001-541-1-12-67-010-230 . ..,2,763' .. ~::- :':' rkmen's Compens,a'tion r 001-541-,1-12':'67-010-240 . 120 ta1Source of Funds $ 9.300 I Subto -- County ~:~~ivljblr. 1\(!WiI!t_ //If\.. n"te: 2 ~/-;lJ FisCll1 O:'7iceJ~ Board of County APprOrrJ~~ Approval: Dllte/rf1':'f -0"0 Dilte: Feb. S. 1980 Comm. 13Ul)Gr~T MIl:r.:. Pg. 1 of 2 l{o. SO-2S DISTH113u'rror-I: 'LJl Dourd Recorda (orlginnl) ~ J\ccountlng Dcpartll,,:mt LXJ' Fiscal Officer Purchasing (Equipment Only) a Department(s) J\ffected ' Budget: J\nulyst: _.~ h_ .~~..,:, MCK 051 P~;E 413 - _....;., (" ....''''.,..- A16 eoa~ 051 PhCE February 5. 1980 BUDGET AMENDMENT NO. 80-30 FOR THE PURCHASE AND INSTALLATIOII OF FOUR FIRE HYORANTS ON THE ISLE OF CAPRI WITHIN TH~ ISLE OF CAPRI flRE CONTROL'S BUDGET - APPROVED IN THE AMOUNT OF $1.497 Commissioner Archer moved. seconded by Commissioner Pistor and carried unanimously 5/0, that Budget Amendment No. 80-30. transferring funds within the Isle of Capri Fire Control's budget to allow for the purchase and installation of four fire hydrants on the Isle of Capri, be approved in the amount of $1,497. * B U ,D GET AMENDMENT ~ Requires Board Approval . D Doe's' Not Require Board Approval (transfer within bbject code range) ., . . .' . .., . ..'.... .. \. ...... ............... . .................. COLLIER COUNTY ,FIRE, FUND CONTROL'..DI~TRICTS . '. DEPT..: ;~~~~~ :~~ .C~~~l :FI~ ~O~ROL DESCRIP1'ION: To transfer funds from Contingency Reserve to Improvements Other than Buildings to purchase and install four fire hydrants on the Isles of Capri. ! I TO (Increase): Improvements Other than Buildings 121-522-1-13-28-020-630 $ 1,497 FROM (Source of Funds): Contingency Reserve l21-522-1-13-28~D20-999 $ 1,497 ".... ,',,'" ""':'.',', " .....1,.... :. ':"~ ,', '. I' ~.. .... ",'. '.~ . I, . t'... " .. i I I I I BUDGET BME"D. t . :'~'. ':', . ':,,:. ,-".. ...... :- i' . ~ . . .,.'", . , '., ," "'i<._ . .,~. . .. .... . .-.. 'I.t. . . .:.,..;.~. -.., . ..' .. ...... ....t.1 ......'!:... .. .. . .' '::::. .:::0' : 1" .. .' . ,....... ...... ...~. ..:. ....: .':t", . ..... . ~.nty t,. ('P!~ Da tc.: -z ~ I -;-0 Pisca1 O~fjcer Board of County Comm. Appro~nJ. kt. '/ Approval: Datel7^,~ -rO Date: Fel>. 5, 1980 No. SD-30 DISTRIDtlTION: 'if Doard Records (OrigInnl) , Fiscal Officer . De~~rtment(s) Affected ~ AccountIng Department . Purchasing (EquIpment Only) Budget: Analyst: ,i . RflV .12/17 /7911LIf - -1 r-l r'''''''~'''' 13 (',"';-:'::'-, ~"AO'" ;~;' r February 5, 1980 BUDGET AMENDMENT NO. 80-31 PROVIDING THE TRANSFER OF FUNDS TO PURCHASE A LIQUID LEVEL RECORDER FOR WATER MANAGEMENT. APPROVED IN THE AMOUNT OF $500 Fiscal Officer Hall stated that Budget Amendment No. 80-31 reflects the tra~sfer of funds within the Water Management's budget to purchase a liquid level recorder. Chairman Wenzel asked if the State had not taken over water management responsibilities? County Engineer Barksdale noted that the Water Management Advisory Board was using a recorder to undertake an excavation study and it was vandalized. He said the matter was reviewed by the WMAB and the expenditure to replace said recorder was authorized from the WMAB budget. Commissioner Archer moved, seconded by Commissioner Pistor and carried unanimously 5/0, that Budget Amendment No. 80-31 for the purchase of a liquid level recorder for Water Management be approved in the amount of $500. * * * * * * * * * ~oo~ 051 rm417 * , I L~J co.: ., February 5. 1980 BUDGET AMENDMENT NO. 80-32 APPROPRIATING REVENUE AND EXPENDITURE RELATIVE TO A DONATION FROM THE COLLIER DEVELOPMENT CORP. _ APPROVED IN THE AMOUNT OF $5,000 Fiscal Officer Hall stated that Budget Amendment No. 80-32 consists of two parts: 1) the appropriation of revenuej 2) the appropriation of expenditure; relative to receip(of a donation of $5,000 from Collier Development Corp. to be used only in Progress Village. Mr. Hall recomended that the Board accept said donation and appropriate it in the following way: Equlpment - Other ...........$4,000. Misc. Supplies & Materials...$I,OOO. - . Mr. Hall noted that the donation would be appropriated as revenue received and designated for use for Progress Village through the General Fund, Department No. 05 (Other General Administrative), and would be admin- istered by the Health Department. Commissioner Wimer asked why this donation was made to the County rather than the City of Naples? He noted that Progress Village lies within the City of Naples. Mr. Hall deferred to County Attorney Pickworth who stated that Collier Corp. want the monies to be used for a clinic at Progress Village, and therefore, their intent is to channel the monies through the Health Department. Ife stated that the intent for the use of the monies could be best accomplished through the County appropriating same, and in this w~y the Collier Corp. is assured the monies will be used solely for the clinic in Progress Village. Commissioner Archer moved, seconded by Commissioner Pistor and carried unanimously 5/0, that Budget Amendment No. 80-32 prOViding for the appro- priation of Revenue and Expenditures relative to receipt of a donation of $5,000. from the Collier Corporation to be used only in Progress Village. be approved in the amount of $5,000. and appropriated as designated within said Budget Amendment submitted to the Board as a part of the Clerk's Report and has been outlined by the Fiscal Officer above. eoo:< 051 PhCE 419 - ""'.."".,~".,' ".'~=- "~'~]'~~~<~.,,:;..J~t';>~~'14W, "~~jt~~~~~".' '~. :~~.~~""...;"'I! '_ L;.~'.J r;if,i;, February 5. 1980 BUDGET AMENDMENT NO. 80-33 FOR PURCHASE OF REPAIRS FOR THE BOILER SYSTEM IN BLDG. "A" - APPROVED IN THE AMOUNT OF $3.000 Mr. Hall nnted that BI,dget Amendment No. 80-33 reflects the transfer of funds from Contlngencies to Improvements Other than BUildings to purchase repairs for the boiler system in Building "A". He further stated that same purchase has been approved as an emergency item on last week's agenda. Commissioner Archer moved. seconded by Commissioner Pistor and carried unanimously 5/0. that Budget Amendment No. 80-33 transferring funds from Contingencies to Improvements Other than Buildings to purchase repairs for the boiler system in Building "A". be approved in the amount of $3,000 BUD GET A MEN D MEN T LKX Requir.es Board ^pprova1 . D Doe's' Not Require Doard ^pprova1 (tranSfer within object code range) ... ...... ............ . ................ FUND GENERAL PUND , . . , , DEP,T.: ; :IlUttOING 'W,I,N'I'F.N1\'tIlC'1? DESCRIPTION: Transfer of funds from Contingencies to Improvements Other than nuildings to purchase repairs for the boiler sY,stem in Building "1\". '1'0 (Increase): Improve. Other than Bldgs. 001-519-1-11-08-030-630 $ 3,000 FR011 (Source of Funds)': . . ..,.... :' : ..~,.... ,'".., . .. . ..~.~ ", ":,~:O,i"':5l9-1::-00,-:05";010~9.90" :',;',$"3,000 ,,';.. Co!\tingcncies .' ..... > " ~nty Mgr/ni . Dir. Fiscal offf~~rl C ~wtPf[ APP~jVeJW-~' "D<ltc: '2-J:::l'a Datef1~I_ ....fO DISTRtBU'l'ION: '~Boarcl Records (Odginal) Fiscal Officer DepartmentCs) ^ftected Board of' Coun ty Comm. BUDGET JU.IENn: i Approval:, I Date: Feb. 5, 1980 No. 80-33 I g ^ccounting Depnrtment J i\ Purchlloing (l"AJuipment Only) \\ Bndgot ^nlllyst ao~~ O~'..- -.., ... ,... ,.......... -- ( r' , , ' , . " ~<""~ 'i;~"'~~\'~;:tt~...> ;') ":~.; ',.,;; "~'.;.:,:':io(~'~i< 'J~;,"":::'\"~ BOOK 051 pm 422 February 5, 1980 STATUS OF CONSTITUTIONAL OFFICER'S BONDS REPORTED AS SUFFICIENT AND UNCHANCED FROM"PRIOR REVIEW BY FISCAL OFFICER Fiscal Officer Harold Hall reported that the Constitutional Officer's Bonds were reviewed last week and he found them sufficient and unchanged from the previous period of revfew. Chairman Wenzel directed that same be entered into the record. RESOLUTION NO. 80-31 DECLARING COLLIER COUNTY'S INTENT TO PARTICIPATE IN A COMBINED ENTITLEMENT JURISDICTION WITH THE SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL - ADOPTED Clerk William J. Reagan stated that the Southwest Florida Regional Planning Council has ~ecommended that the Board of County Commissioners adopt a Resolution declaring its intent to become part of the Entitlement Funds for the region that includes Sarasota. Lee. Charlotte. Hendry. and Glades counties regarding Criminal Justice Entitlement Funds ~lr. Reagan further noted that it is by unanimous vote of the Criminal Justice Advisory Committee, on which he is joined by Deputy Chief Raymond Barnett and Judge Trettis, that Coll fer County become part of the Entitlement Funds along with the above mentioned Counties. The alternat'ive to same recommendation was disc4ssed by Mr. Reagan as one that would involve joining such Entitlement Funds along with Hendry and Glades Countle~l however, there is some question as to whether certain requirements could be met in doing so. Several advantages to entering a combined Entitlement were covered by Mr. Reagan including the fact that in so doing, the funds would be locally controlled within Grants and that Grantees will no longer have to go through Tallahassee for their checks. Availability of adequate funds. and administra- tive cost funding was explained by Mr. Reagan in answer to Commissioner Pistor's query regarding whether or not the County would be entitled to the ~ilm", ilmOllnt,> of mOMf!Y through the recommended joint entitlement. Commissioner Pistor moved, second~d by Commissioner Wimer and carried unanimously 5/0, that Resolution No. 80-31 declaring the County's intent to participate in a combined Entitlement Jurisdiction with the Southwest Florida Regional Planning Council be adopted. r' ') r--'1 , I I I i I ft" , 'I B~~~ 051 pm 424 February 5. 1980 HELICOPTER USE BY TIlE CORPS OF ENGINEERS AND COUNTY ENGINEER - ApPROVED FOR STUDY OF CANAL SYSTEM IN GOLDEN GATE ESTATES Administrative Aide to the Board Mary Morgan stated that a request has been made by the County Engineer for use of the County helicopter for the review of the Canal System in the Golden Gate Estates Area. Chairman Wenzel noted that the Corps of Engineers also wants to use the helicopter for the same purpose and perhaps both Mr. Barksdale and a Corps representative could use the helicopter at the same time. County Engineer Barksdale agreed and said that he would contact the Corps to verify same. County Manager N~rman stated that Mr. Walters. Chairman of the Golden Gate Estates Committee, received an emergency telephone call this morning from the Corps regarding same. He noted that there is not enough information available at this time regarding the Corps' needs to make a report of same to the Board. However, said Mr. Norman. Mr. Rose. of the Corps. has indicated that the Corps wishes to make a more detailed study of the area in question in regards to the permitting of the Interim Action Program for the Golden Gate Estates Canal System. He added that he understands that the Corps is requesting the use of the helicopter for approximately one day, however, he does not know which date. Chairman Wence1 stated that he wanted to look over the area in question along 1~1th the County Engineer prior to meeting with the residents of Golden G~tes Estates during which time a discussion of the subject canal system is planned. He stated that if arrangements could be made so as to include the Corps representative, it was agreeable to him. and he looks forward to hearing the Corps' comments regarding said canal system. Commissioner Wimer asked that he be informed as to when the Corps is planning to come to the subject area, as he would like to discuss this ~tter with them. Commissioner Archer moved,l seconded by Commissioner Pistor and carried unanimously 5/0,1 that the County helicopter be approved for use by the County Engineer and the Corps of Engineers to study the canal system in Golden Ga te Es ta tes. r--- 1 r--1 r" II , ~ j . 'J;"""'II'i'.~: ":,"'~> " (','.,.j' , ;'..... _.'s- I'ilt:,l~l l.l~..... February 5. 1980 CHAIRMAN ~UTHORIZED TO SIGN CERTIFICATES OF CORRECTION TO THE 1978 AND 1979 TAX ROLLS Commissioner Pistor moved. seconded by Commissioner Archer and carried unanimously 5/0, that the Chairman be authorized to sign the following Certificates of Correction to the 1978 and 1979 Tax Rolls: ~ Date 1979 Tax Roll 329 1/21/80 342 - 347 1/1/80 - 1/23/80 567 ,1t23/80 Tangible Personal Property 1978-69 2/1/80 1979-146 2/1/80 TAX COLLECTOR AUTHORIZED TO ISSUE DUPLICATE TAX SALE CERTIFICATE,*4435 Commissioner Archer moved, seconded by Commissioner Pistor and carried unanimously 5/0, that the Tax Collector be authorized to issue a duplicate tax sale certificate No. 4435 from the 1977 sale because the original has been lost. * * * * * * * * * DOCK 051 PACE 425 .-... ....~..~. ....... .",,, It '.'" .";"~:...~,.:h:l;"- ; , ..~'. it ~-'''''''''4''~~,----' ~ '''. .,._,......_;~.,-....--.....~~"'":.. J February 5, 1980 LEAVE OF ABSENCE FOR THOMAS E. KUCK. ENGINEERING DEPT. EMPLOYEE _ APPROVED Pursuant to Board Policy regarding leave of absence over two weeks. Mary Morgan, Administrative Aide to the Board. presented a request for a leave of absence for Thomas E. Kuck. She explained that Mr. Kuck is an employee of the Engineering Department and is considered an employee who has performed in an excellent manner and is desirous of returning to work after recuperation from major surgery. Ms. Morgan stated that the recommendation is for leave from January 28. 1980 until March 7. 1980. Commissioner Pistor moved, seconded by Commissioner Archer and carried unanimously 5/0, that a leave of absence be granted to Thomas E. Kuck as recommended by his supervisor Mr. Barksdale. County Engineer. LEAVE OF ABSENCE APPROVED FOR PURCHASING DIRECTOR FRANK WILCOX Chairman Wenzel stated t~at he felt it appropriate that a leave of absenc~ be approved for County Purchasing Director Frank Wilcox. County Manager Norman offered the latest news regarding Mr. Wilcox's condition and concurred ~hat same approval would be requested by himself in the near future. Upon hearin9 that the Board was favorable to same. Mr. Norman suggested the leave of absence be approved today. Commissioner Archer moved, seconded by Commissioner Pistor and carried unanimously r.IO, that a leave of absence be approved for Frank Wilcox, the County Purchasing Agent, until such time as he has recovered from his recerlt major surgery. DOCUMENTATION RE INTERIM ACTION PROGRAM AS OFFERED BY MRS. JOYCE HANCOTTE TO BE CONSIDERED AFTER MEETING WITH RESIDENTS ,OF GOLDEN GATE ESTATES HAS TAKEN PLACE Ms. Morgan stated that a letter has been received from Mrs. Joyce Hancotte within which she states that she has "documentation" regarding the Interim Action Program and that she requests a place on the agenda to consider cancellin9 same program, Claiming that her "documentation" will prove thdl the report by CH2M Hill is incorrect. After brief discussion of same. Chairman Wenzel stated that said "documentation" shall be considered after the Commissioners attend the me~ting with the concerned residents of the Golden Gate Estates. Commis- sioner Archer stated that both the Corps of Engineers and the County ~OOK 051 Pt.CE 427 1 I I , I I , I ;1 '_.iIo,'.N'-l~ ~GO~ 051 PkGE'428 February 5. 1980 Engineer are planning to restudy the matter and perhaps it would be best to wait until they have made their reports and finalized their study and at that point a meeting could be scheduled during which the members of the Board could review all of the facts. Chairman Wenzel concurred and noted thl at that time Mrs. Hancotte would be invited to present the facts as she sees them and she could also present the aforementioned "documentation". RESOLUTION NO. 80-32 SUPPDRTING THE AGRICULTURAL LAND PROTECTION ACT _ ADOPTED Administrative Aide to the Board Mary Morgan stated that the BCC has received a news circular from the National Association of Counties Research, Inc. which noted that on February 7, 1980 our Congressional Representatives would ,be addressing the subject of agricultural land protection through the Agricultural Land Protection Act. She noted that same information has been forwarded to County Agricultural Agent Don Lander for consideration and it is his recommendation that the BCC adopt a resolution or direct a letter to Congress supporting the Act in question. Ms. Morgan explained that the purpose of the Act would be to curb the development of farmlands for other than agricultural use. thus, aiding in the flght against possible food shortages in the future. Chairman Wenzel noted that he was concerned about the high revenue that farmlands are yielding and thus, making them worth more as developable lands than farmla'r'-. He noted that he thinks support of the Agricultural Land Protection Act is a good idea and he is in favor of adopting a resolution as suggested by Mr. Lander. Commissioner Archer concurt'ed and touched on the subject of food shortages in the future and the need to prevent same. Ms. Morgan explained the percentage of the County that is presently farmed and following a brief discussion of 5ame. Commissioner Brown stated that he was not in favor of said Act, as he was not sure of the regulations regarding the right of farmers to sell their lands as they saw fit, and Ms. Morgan stated that she did not know the ramifications of the Act, however, it lends itself more towards the feeding of the Nation than the individual farmer's selling of his lands. Commissioner B~own stated that he was not in favor of that, as he may want to sell his farm- land one day, and pointed out the varied financial problems the farmers of today face, and the fact that the "dumping of Mexican vegetables" in this County is a major contributor to same. r--l ~ 1"_...:) [-3 February 5. 1980 Commissioner Pistor stated that he was in favor of said Act and moved for adoption of a Resolution declaring Collier County's Support of the Agricultural land Protection Act. Concern on the part of Commissioner 8rown was expressed and a brief discussion followed regarding his aforementioned statements about farmer's rights to sell their land. during which Ms. Morgan brought out the fact that. historically, there has been a great deal of concern regarding the sale of farmlands to representatives from Countries other than the United States. This topic was than discussed along with the possibility that the Act in question would address itself towards control of same. Commissioner Archer stated that farming in this County should be encouraged and he seconded the motion on the floor. Upon call for thp. question the motion to adopt a Resolution in Support of the Agricultural land Protection Act was carried with a 4/0 vote. Com- missioner Brown dissenting. Commissioner Brown reaffirmed his position opposing the illegal dumping of Mexican vegetables in this Country as one reason for voting against the motion and expounded on the problems the American farmer is going through because of same. At the conclusion of Commissioner Brown's statement, commissioner Wimer a~ked the members of the Board if Resolution 80-32. support- ing the Agricultural land Protection Act could include a reaffirmation of Collier Collier's opposing the "dumping" of Mexican vegetables. He stated that he was in favor of telling our Congressional delegates that if they wish to give an incentive to American farmers the best thing'they could do is to stop the "dumping" of Mexican vegetables. It was the consensus of the Board that same will be included as part of Resolution No. 80-32. BOax 051 pm 429 ~, '__I 1-=_:] February 5, 1980 COUNTY ENGINEER TO STUDY MATERIAl FROM THE EPA REGARDING THE BISCAYNE AQUIFER SOLE SOURCE DESIGNATION FOR RECOMMENDATION OF POSSIBLE BOARD ACTION Administrative Aide to the Board Mary Morgan stated that she has furnlshed copies of materials received from the United States Environmental Protection Agency regarding the Biscayne Aquifer Sole Source Designation to Clifford BarkSdale, County Engineer. She noted that Mr. Barksdale will study the material from the EPA that was forwarded to Collier County from Representative Mary Ellen Hawkins' office and that he would bring the subject to the Board's attention for their action at a later date if any is deemed necessar~ after his consideration, and that he will make his recommendations at that time. DISCUSSION RE REJECTION BY HUD OF SECOND COMMUNITY DEVELOPMENT BLOCK GRANT Administrative Aide to the Board Mary Morgan noted that a letter, dated January 7.8, 1980 has been received from David H. Dixon. International Systems, Inc., that explains the reasons why Collier County did not receive a second Community Development Block Grant from HUD. She gave the reasons as: 1) HUD did not feel the firt Grant's funds were SUffiCiently spent during the allocated time frame and they felt the additionally requested funds could not be spent within the same time frame, so as to qualify for the FY 79 Community Dpvelopment Block Grant criteria; and. 2) HUD did not feel that, within F'( dO CDBG project area, Collier County's proposed project would address a large enough portion of the housing needs for the area in question. County Manager Norman covered the above-mentioned reasons and noted that he strongly feels that the final determinations of HUD are not as negative as it might have seemed at the time the County first learned that it was turned down for an additional CDBG. He noted that he would be working very closely with the new Community Development Director, Terry Virta, as well as with the Administrative Aide to the County Manager, Gene Willett, to insure the County's performance regarding the Immokalee project being handled in the FY 1979 CDBG and thereby allOWing the County to qualify for additional CDBG's in the future. He stated that he was confident that said project will move forward at a more rapid pace and that the County can apply for additional 9rants next year. BOOK 051 pm 431' l, 'I I ;i"'''''f';;,~~',~,ijl\t:V~A'i.'~"'''> "'"'~'"I''I.~,'''''~'" ."} I:.." "',"':71 ~ 1':-71 February 5. 1980 There being no further business for the good of the County. the meeting was adjourned by Order of the Chairman at 2:15 P.M. BOARD OF COUNTY COMMISSIONERS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL r, .:- c~~ I " , r ( ~ " ~ 1 : " n \ ;' ,\ ' , , BQOK 051 PI.~E 433