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BCC Minutes 02/26/1980 R [~.:J (.....J ..- (~~, r~,{i(1.r~,~~, Naples. Florida. February 26. 1980 LET IT BE REMEMBERED. that the Board of County Commissioners in and for the County of Collier. and also acting as the Governing Board(s) of such special districts as have been created according to law and having conducted business herein. met on this date at 9:00 A.M. in Regular Session in Building "F" of the Courthouse Complex with the following members present: CHAI~1AN: Clifford Wenzel VICE-CHAIRMAN: Thomas P. Archer John A. Pfstor C.R. "Russ" Wimer David C. Brown ALSO PRESENT: William J. Reagan. Clerk; Harold L. Hall. Chief Deputy Clerk/Fiscal Officer; Jean Swindle. Deputy Clerk; C. William Norman; County Manager; Donald A. Pickworth. County Attorney; Tony Pires, Assistant County Attorney; Irving Berzon, Utility Director; Clifford Barksdale, Public Works Administrator/Engineer; Danny Crew, Planning Director; Lee Layne. Planner; Jeffory Perry, Zoning Director; Thomas Hafner, Public Safety Administrator; Mindy Bronson, Energy Coordinator; Mary Morgan, Administrative Aide to the Board; and Deputy Chief Raymond Barnett. Sheriff's Department. BOARD OF COUNTY COMMISSIONERS FINAL AGENDA February 26, 1980 NOTICE: ALL PERSONS SPEAKING ON ANY AGENDA 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: February 5, 1980 BOOX 051 PACE 570 .. "f;,..., ;" Vt'. . ~\t~I~ . ~-.w , '] L_,.. L.d February 26, 1980 . ~ AGENDA - APPROVEO WITH ADDITIONS .I Commissioner Pistor moved, seconded by Commissioner Archer and carried unanimously, that the agenda be approved with the fOllOWing additions: 1. JudDe Hayes' submission of a $3,000 check from the Naples Area Chamber of Commerce for funding the Economic Crime Rehabilitation Program currently being administered by the Collier County Court System - Chairman Wenzel's request. 2. Items to be placed on the Workshop Agenda for March 4, 1980: a. lely Zoning problem b. Child Care Ordinance c. Golden Gate Fire Control District d. Portions of the Excavation Ordinance ". ;-1 MINUTES OF FEBRUARY 5. 1980 - APPROVED Commissioner Pistor moved, seconded by Commissioner 8rown and carried unanimously, that the minutes of the meeting of February 5, 1980 be approved as presented. PROCLAMATION DECLARING FEBRUARY 29, 1980 TO BE "L.E.A.P." DAY (lESS ENERGY AND POLLUTION) IN COLLIER COUNTY - ADOPTED Following his reading of the proclamation declaring February 29, 1980 to be "L.E.A.P." in Collier County, Commissioner Archer moved, seconded by Commissioner Pistor and carried unanimously, that the Proclamation, as read in its entirety, be adopted. * * . * * * aOOK 051 PACE 574- 1:.._.-1 o (C~l~'$j February 26, 1980 CHECK IN THE AMOUNT OF $3,000 SUBMITTED BY JUDGE HAYES FROM THE NAPLES AREA CHAMBER OF COMMERCE FOR FUNDING OF ECONOMIC CRIME REHABILITATION PROGRAM - ACCEPTED Judge Hayes, together with Mr. Claude Haynes of the Naples Area Chamber of Commerce, made the presentation of a $3,000 check, monies contributed from the Naples Area Chamber of Commerce, which will be used in the funding of the Economic Crime Rehabilitation Program currently being administered by the Collier County Court System. Judge Hayes expressed his great pleasure and pride in the Chamber's contribution saying these funds, plus the fees that are to be collected from the program participants, will allow the probation program to be fully- funded and self-supporting. Mr. Haynes explained that the contributed monies will be use~ for the purchase of film which are a very important part of the proposed rehabilitative program and identified the following banks as being the primary source for this contribution: Barnett Bank of Naples Citizens National ,Bank of Naples EXChange Bank of Collier County First Bank of Immokalee First National Bank and Trust Company National Bank of Collier County Naples Federal Savings and Loan Southeast National Bank of Naples Chairman Wenzel thanked Judge Hayes and Mr. Haynes on behalf of the Board and the County as a whole. ORDINANCE NO. 80-26 - REVISED EXCAVATION ORDINANCE - ADOPTED WITH NOTED CHANGES legal notice having been published in the Naples Daily News on February 6, 1980 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider the enactment of a revised excavation ordinance. County Engineer Barksdale presented the request and stated that on January 3D, 1979, the Board of County Commissioners directed that the County Attorney, County Manager, County Engineer and the Utility Director prepare recommended revisions to Excavation Ordinance No. 73-12. On April 3, 1979, during a work session, the proposed revisions were discussed and staff was directed to work with local engineers and the Water Manage- ment Advisory Board, bringing to the Board of County Commissioners, a 800K 051 PACE 576 ",1 I , .' IlL. I \~, aOOK 051 PACE 5TI February 26, 1980 report of their recommendations. The draft ordinance was referred to the WMAB, which appointed a committee to prepare a recommended ordinance. After several meetings of the committee, another draft of the ordinance was prepared and submitted to the WMAB for their consideration during the meeting of December 12, 1979. By unanimous vote the WMAB directed that the draft be forwarded to the Board of County Commissioners, for their con- sideration, together with a recommendation from the WMAB for approval. Mr. Barksdale continued that the proposed revised excavation ordinance is the result of the staff's review follOWing the above-referenced consid- eration by the WMAB and that with the following minor changes, he recommends approval of the document as it now is written: 1. Page 2, Section 6, Paragraph A, second sentence should read, "is not removed from the property and where the disturbed surface area at grade does not exceed 43,550 square feet (one acre)". 2. Page 5, Section 8, Paragraph 0, first sentence should read, "If, upon review of the application or at any time prior to completion of". 3. Commissioner Wimer, prior to the public's participation, gave the following changes with Mr. Barksdale's concurrence: 1. Page 5, Section 8, Paragraph B - Item one (1) - the use of the figure "3" should replace the figures "4" and "5" in every Instance throughout the entire paragraph. 2. Page 5, Section 8, Paragraph C - The first sentence should be deleted in its entirety. At this time, the public hearing was opened for comments from those registered to speak and address the issue. Mr. Ivan T. Eckler of lake Park Boulevard stated he was in agreement with the "revised 3-1 slope" requirements and would like to request a variance for a "2-1 slope". Chairman Wenzel said individual requests would not be heard at this time as this hearing is for a review of the ordinance as a whole. Ms. Joan Hamilton of 5360 Sholtz St., Naples commented she was in agreement with the ordinance as it now stands. Mr. Nat C. Hughs, of Florida Rock Industries, pointed out that the State is considering a state mining ordinance which will be brought up r- ,. ..-. "----..,, ',!ri,<'~ ~ ~ " -"''': """";"'ll':.i~1IIj:,'''''~It~''Y't-',t'!', ~. " , c_~ L::J (-.--- '1~~. .,~.~. ';::'1 : tli'-1:.... .- February 26, 1980 April 1, 1980 and resolved by June 1, 1980 and he asked that the County consider tabling this item until the State's ordinance comes into effect on June 1, 1980 in order for a "layering situation" not to develop. I" answer to Chairman Wenzel, County Attorney Pickworth recommended that the County go ahead and adopt its own document as the State's legisla- tion is sometimes not of the same properties as the original writings. It was the opinion of Mr. Hughs that since his firm operates allover the State of Florida, it would be easier to comply with those restric- tions that are not repeated and restated in each of the proposed documents _ the one from the County and the one from the State. Since the workshop on the excavation ordinance will be on individual problems, not the ordinance as a whole, Mr. Hughs, at this time, pointed out the items that were unclear to him - i.e. who determines the need for fencing as specified. on Page 5; why is the excavating/earth-moving industry penalized under the proposed restrictive hours of operation since any business that is "nuisance-operated" should be considered under the same auspices. County Attorney Pickworth suggested that this particular area was already addressed in the general requirements for obtaining an excavation permit and he was of the opinion that Section C on Page 5 of the ordinance could be deleted. Commissioner Wimer then moved that portion of Section C on Page 5 which reads "Hours of Operation--Operation of the excavation and related activities including earth moving shall be prohibited on Sunday and between the hours of 7 p.m. and 6:30 a.m. Monday through Saturday.", be deleted. The motion was seconded by Commissioner Brown and carried unanimously. Mr. Jim McLaughlin of Highway Pavers, Inc. stated he supports the ordinance with the afore-mentioned revisions. Mr. Tom Peek representing Ashland-Warren, Inc. concurred with Mr. McLaughlin in support of the ordinance with the revisions. Commissioner Archer moved, seconded by Commissioner Pistor and carried unanimously, that the public hearing be closed. County Attorney Pickworth asked that the record show his comment regarding the Water Management Advisory Board being the decision-making agency on the issuance of excavation permits, as they once were, instead of the Board of County Commissioners. It was his opinion that having the WMAB hear the original petition which contains all the pertinent 80~K 051 PACE 578 I " , " ~ t f~ ..C"f': II. .' '~"';:"l/;":' __~~',~~:If~~2:~'" '~y"',,' ("~_\ry'~'~~r-f.l~~~I,:!r"- 80nK 051 PACE 5j9 February 26, 1980 infonmation and then having the BCC issue the permit on the basis of the WMAB's recommended approval, makes the ordinance hard to administer. Chairman Wenzel asked that the item be put on a workshop agenda so that the WMAB may have an opportunity to make their comments regarding such a change known. Commissioner Archer moved, seconded by Commissioner Brown and carried unanimously, that the amended Ordinance as numbered and entitled below be adopted and entered into Ordinance Book No. 11. OROINMCE 110. 80 -26 AN ORDINANCE TO REGULATF. EXCAVATIONS WITHIN COLLIER COUNTY, FLORIDA; PROHIBiTING EXCAVATIONS WITHOUT A PERMIT THEREFOR; ESTABLISHING STANDARDS FOR THE ISSUJI.NCE OF A PERMIT; ESTABLISHUrG STMIDAP.DS FOR THE CONSTRUCTION OF EXCAVATIONS. PROVIDING FOR EXISTIIIG EXCAVATIONS; PROVIDItlG FOR SEVERABILITY,ENFORCEMEIlT, Arm PErlAlTIES; PROVIDING FOR AN EFFECTIVE DATE. RESOLUTION NO. 80-46 CREATING THE COTTAGE GROVE AVENUE IMPROVEMENT DISTRICT _ ADOPTED - PRELIMINARY ASSESSMENT ROLL - ACCEPTED - ADVERTISEMENT OF BIDS _ AUTHORIZED Legal notice having been published in the Naples Daily News on February 5, 1980 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider the creation of the Cottage Grove Avenue Improvement District by the assessment method. County Engineer Barksdale explained that the appropriate number of signatures, requesting the creation of the improvement district, had been received and since the determined extreme drainage problem in the area has been solved by the Engineering Department, he was recommending approval of the creation of the proposed district; the acceptance of the preliminary assessment roll for approximately 2516.95 front feet for $52,837.33 or $20.9926 per front foot and the advertisement for bids. The public hearing was opened for comments from those registered to speak and address the issue. Mr. 8ruce W. Weber of 3042 Cottage Grove Avenue, said that at the time the petition was drawn up, there had been no mention of the installation of sewers along Cottage Grove Avenue but now, since the vote, it has become known that the street will have such c-_n.." r--J ,.--', L~ o ('-'-- ~l February 26, 1980 lines constructed. For this reason he would like to go on record as objecting to any new road paving which, out of necessity, will have to be "chopped up" when the sewer lines are installed. Also, Mr. Weber was of the opinion that the price per front foot of approximately $20.9926 was uncommonly high as he had been told that recently a road in Lee County had been paved for less than $7 per front foot. County Engineer Barksdale explained that each road was assessed individually and the time table for the installation of the sewer lines might be as much as two years in the future. Ms. Opal Smyth of 3233 Cottage Grove Avenue approved of the petition but asked questions regarding the replacement of her cement drive after completion of the work; what height was the County going to raise the road; if the County were going to contribute to the cost of the paving as the previously "hardshell" road has been maintained by the County. Following the answering of Ms. Smyth's questions by Mr. Barksdale, Commissioner Archer moved, seconded by Commissioner Pistor and carried unanimously, that the public hearing be closed. Commissioner Archer moved, seconded by Commissioner Pistor and carried unanimously, that Resolution No. 80-46 creating the Cottage Grove Avenue Improvement District be adopted; that the preliminary assessment roll for approximately 2516.95 front feet for $52,837.33 or $20.9926 per front foot be accepted and that the advertisement for bids be authorized. * I j ,: I , * ,j 'I I I , ,I "1 ',I .'/1 y' I" ;r. ~~ j 1 .\ * * * * BOJK 051 rACE 580 ( __.1 .I L_] February 26, 1980 PETITION FDPO-80-V-l, MARCO LUTHERAN CHURCH, REQUESTING A VARIANCE FROM THE MINIMUM BASE FLOOD ELEVATION REQUIRED BY FLOOD DAMAGE PREVENTION ORDI- NANCE NO. 79-62 - CONTINUED UNTIL MARCH 4, 1980 legal notice having been published in the Naples Daily News on February 10, 1980 and in the Marco Island Eagle on February 14, 1980 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider the request by the Marco Lutheran Church for a 54 inch variance in elevation from the required 12 feet NGVD (FDPO) for that property located on North Collier Boulevard at Holly Court, Marco Island. Planner Tom McDaniel presented the petition and stated the Staff's findings as follows: Staff feels that petitioner is facing no greater hardship than any other group wishing to build a church in a flood zone. The option provided by the ordinance to flood proof provides the petitioner sufficient latitude and might well be a less expensive route than the higher flood insurance rates which will result from the granting of this variance. Staff recommends that the petition be denied. Discussion followed which covered the owner's opinion that floodproofing is impractical; that the elevating of the church structure will create an excessive hardShip on the elderly and handicapped; the cost of excessive fill and piling would create a financial hardShip; Commissioner Pistor's report that from his conversation with the representatives of the church, they are willing to floodproof when they know what is required of them; the submission of the "Flood-Proofing Regulations", Planning Director Danny Crew's statement that there is no latitude in the regulations _ one must either "build-up" or floodproof - otherwise Collier County can get suspended from the program, resulting in "real problems" and the architect for the church, Mr. David Moyer's request for a continuance of the petition until he has had an opportunity to review the "Flood-Proofing Regulations" that were submitted at the meeting by Dr. Crew. Commissioner Archer moved, seconded by Commissioner Pistor and carried unanimously, that Petition FDPO-80-V-1 requested by the Marco Lutheran Church be continued until March 4, 1980. &ODK 051 PACE 5B~ ,. r:i.'L:;L;"'\ ':' ~ 051rm585 February 26, 1980 RESOLUTION NO. 80-47 DESIGNATING AS A SPECIMEN TREE THE LIVE OAK LOCATED NEAR THE INTERSECTION OF 26TH AVENUE AND 10TH STREET, NORTH AS REQUESTED BY THE CITY OF NAPLES - ADOPTED Legal notice having been published in the Naples Daily News on February 10, 1980 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider the designation of "specimen tree" for the Live Oak tree located 13 feet west of the pavement edge and 220 feet south of the southeast corner of the intersection of 26th Avenue and 10th Street, North as requested by Mr. Raymond Link and the Planning Department of the City of Naples. Dr. Jay Harmic reviewed the petition, stating the Live Oak has been examined by the Staff and the Forester and he recommends approval of the designation of "specimen tree" as permitted in Ordinance 75-21 for the afore- referenced Live Oak. Following Mr. Link's comments that the oak tree is of such stature that it merits the designation of a specimen tree, Commissioner Archer moved, seconded by Commissioner Pfstor and carried unanimously, that the public hearing be closed. Commissioner Pistor moved, seconded by Commissioner Archer and carried unanimously, that Resolution No. 80-47 designating as a specimen tree, the Lfve Oak (Quercu~ virginiana) located 13 feet west of the pavement edge and 220 feet south of the southeast corner of the intersection of 26 Avenue and 10th Street, North as provided in Ordinance 75-21, be adopted and that said Resolution be recorded in the official records of the Clerk of the Cfrcuft Court. * * * * * r- '--1 ,---, r'- ..'\ 'BOOl{ 051 u 587 February 26, 1980 RESOLUTION 80-48 DESIGNATING AS A SPECIMEN TREE THE BUTTONWOOD lOCATED NEAR THE INTERSECTION OF SR 92 AND SR 92A AS REQUESTED BY THE GOODLAND CIVIC ASSOCIATION - ADOPTED Legal notice having been published in the Naples Daily News on February 10, 1980 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider the designation of "specimen tree" for the Buttonwood Tree located approximately 36 feet east of the east pavement edge of SR 92A, approximately 1150 feet south along the east pavement edge of SR 92A from the intersection of SR 92 and SR 92A as requested by the Goodland Civic Association. Dr. Jay Harmic reviewed the petition, stating he had examined the Buttonwood which is growing completely on County right-of-way and even though it shows some damage, it is in fair condition. Dr. Harmic stated the request for designation was submitted by Mrs. Hardin, Secretary of the Goodland Civic Association and, in his opinion, is worthy of the "specimen tree" designation. Commissioner Archer moved, seconded by Commissioner Pistor and carried unanimously, that the public hearing be closed. Commissioner Pistor moved, seconded by Commissioner Archer and carried unanimously, that Resolution No. 80-48 designating as a "specimen tree" the Buttonwood (Conocarpus erecta) located on the east side of SR 92A approximately 36 feet east of the east pavement edge of SR 92A, approximately 1150 feet south along the east pavement edge of SR 92A from the intersection of SR 92 and SR 92A, be adopted and that said Resolution be recorded in the official records of the Clerk of the Circuit Court. * * * * * f--'l r--l r-. . ." l~.~~~~",'t'. BO~t( 051 fJ.~ 589 February 26, 1980 PETITION R-79-30-C, KINGS LAKE - PETITIONER REQUESTS CONTINUANCE OF THEIR PETITION TO MAY 20, 1980 - APPROVED Legal notice having been published in the Naples Daily News on January 25, 1980 as evidenced by Affidavit of Publication filed with the Clerk, the pUblic hearing was opened to consider Petition R-79-30-C requested by Wilson, Miller, Barton, Soll & Peek, Inc. representing Kings Lake. Pursuant to the Petitioner's request, Commissioner Archer moved, seconded by Commissioner Pistor and carried unanimously, that Petition R-79-30-C by Kings Lake be continued until May 20, 1980. PETITION R-79-14-I, ALAN MINERS - WITHDRAWN Legal notice having been published in the Naples Daily News on January 25, 1980 and in the Immokalee Bulletin on January 29, 1980 as evidenced by Affidavits of Publication filed with the Clerk, the public hearing was opened to consider Petition R-79-14-I filed by Alan Miners. Following the presentation of the Petitioner's written withdrawal, Commissioner Archer moved, seconded by Commissioner Pistor and carried unanimously, that Petition R-79-14-I filed by Alan Miners, be withdrawn. * * * RECESS: From 10:00 A.M. to 10:05 A.M. * * * EMERGENCY ORDINANCE TO REVISE FLOOD DAMAGE PREVENTION ORDINANCE AND COLLIER COUNTY BUILDING CODES RE DRAINAGE AND GRADE PROBLEMS - DENIED Assistant County Attorney Tony Pires stated that he, together with members of various County departments and six individuals from local engineering, architectural and contracting firms, had met last week to discuss the proposed amendments to the Building Code and to the Flood Damage Prevention Ordinance. The purpose of the workshop session was to add additional language in order to insure that when people had their homes constructed - (1) the homes would be of such a nature that they would not adversely affect or result in a significant flow of water onto abutting property owners and (2) that the owner/builders would be able r---l ,--, .l..-_._. ._ l_.__J r -;-~ J February 26, 1980 to obtain certification by an engineer, at the completion of the project, which will allow them to obtain a certificate of occupancy. After discussion, Mr. Pires explained, it was the consensus of and agreed to by those of the Ad Hoc Committee that there already exists, a mechanism, both in the Building Code and the Flood Damage Prevention Ordinance, that allows the 8uilding Director to require up-front information, at the time of the permit application, which will insure that the people will be building under the two following premises: 1. A safe building with structural integrity so that the fill used is not too high requiring various compaction tests, etc. and this will allow the Building Director to administratively require that either piling or stem wall be used. 2. The Building Director can require the submission of a drainage plan; the existing elevation; the proposed elevation and the proposed grade at the completion of the project. In addition, Mr. Pires stated that as a warning note to individual builders, the Building Department should prepare a flyer (similiar to the one that identifies "the Mechanics lien Law") which will advise such individuals that they must meet certain requirements at the completion of the project and display it in a prominent place for the public's consumption. Mr. Pires concluded that it was the consensus of the Ad Hoc Committee that the present mechanism is sufficient and with stricter enforcement by the administrative official the problem should be rectified. The recommendation from the Committee was one of denial for the proposed amendments. Following Chairman Wenzel's comment that the problem has been resolved, Commissioner Pistor moved, seconded by Commissioner Archer and carried unanimously, that a Standard Emergency be declared. Commissioner Pistor moved, seconded by Commissioner Archer and carried unanimously, that the Ordinance amending Section 11(2) of the Flood Damage Prevention Ordinance, be adopted. At this time, Commissioner Wimer asked for clarification of the recommendation from the Ad Hoc Committee, saying, on his part, there had been a misunderstanding as to what was reconmended. Mr. Pires repeated that the Committee's desire was one of denial. Following discussion, Commissioner Archer moved, seconded by Commissioner Pistor and carried unanimously, that the previous motion adopting the afore-referenced Ordinance, be rescinded. 80.J~ 051 PACE 590 . -_. .._.-. -~.-._---_._~--_.- _.--- BOOX 051 PACE 591: February 26, 19BO PETITION FDPO-80-V-2, MARCO ISLAND EAGLE - REQUESTING A VARIANCE FROM THE MINIMUM BASE FLOOD ELEVATION - ADVERTISING AUTHORIZED FOR PUBLIC HEARING MARCH 18, 1980 Commissioner Archer moved, seconded by Commissioner Pistor and carried unanimously, that Petition FDPO-80-V-2 filed by Marco Island Eagle, requesting a variance from the minimum base flood elevation required by tha Flood Damage Prevention Ordinance (FDPO) No. 79-62 be authorized for advertising for public hearing on March 18, 1980. PETITION CP-79-14-C, CRAIG MEFFERT - REQUESTING A LAND USE AMENDMENT FROM COMMERCIAL TO RESIDENTIAL 6.22-30 UNITS PER ACRE ON lOT 24 AND PART OF LOT 23, MYRTLE COVE ACRES, UNIT 1 - ADVERTISING AUTHORIZED FOR PUBLIC HEARING APRIL 8, 1980 Commissioner Archer moved, seconded by Commissioner Pistor and carried unanimously, that Petition CP-79-14-C filed by Craig Meffert requesting a land use amendment from Commercial to Residential 6.22-30 units per acre on Lot 24 and part of Lot 23, Myrtle Cove Acres, Unit 1 be authorized for advertising for pUblic hearing April 8, 1980. PETITION R-79-47-C, CRAIG MEFFERT - REQUESTING REZONING FROM "GRC" GENERAL RETAIL COMMERCIAL TO "RM-IB" RESIDENTIAL MULTIFAMILY ON LOT 24 AND PART OF LOT 23, MYRTLE COVE ACRES, UNIT 1 - ADVERTISING AUTHORIZED FOR PUBLIC HEARING APRIL 8, 1980 Commissioner Archer moved, seconded by Commissioner Pistor and carried unanimously, that Petition R-79-47-C filed by Craig Meffert requesting rezoning from "GRC" General Retail Commercial to "RM-IB" Residential Multifamily on Lot 24 and part of Lot 23 Myrtle Cove Acres, Unit 1 be authorized for advertising for public hearing April 8, 1980. PETITION CP-80-1-C, THOMAS TUCKER - REQUESTING A COMPREHENSIVE PLAN lAND USE AMENDMENT FROM ENVIRONMENTALLY SENSITIVE LAND USE TO COMMERCIAL LAND USE ON PROPERTY LOCATED IN BLOCK F, UNIT NO.2. CONNOR'S VANDERBILT BEACH ESTATES - ADVERTISING AUTHORIZED FOR PUBLIC HEARING APRIL 8, 1980 Commissioner Archer moved, seconded by Commissioner Pistor and carried unanimously, that Petition CP-80-1-C filed by Thomas Tucker requesting a comprehensive plan land use amendment from environmentally sensitive land use to commercial land use on property located in Block F, Unit No.2, Connor's Vanderbilt Beach Estates, be authorized for advertising for public hearing April 8, 1980. r- r--" . -';":..~~:,.'~,,,,.~.Jlj!,:~"'" ...<,w~~::'.';'_..i I____.J "] l...::. r:-...."' I - -;"-';. '. February 26, 1980 PETITION R-80-2-C, THOMAS TUCKER - REQUESTING REZONING FROM "RS-3-ST" RESIDENTIAL SINGLE FAMILY AND "CI" COfotlERCIAL INDUSTRIAL TO "GRC" GENERAL RETAIL COMMERCIAL ON PROPERTY lOCATED IN BLOCK F, UNIT 2, CONNOR'S VANDERBILT BEACH ESTATES - ADVERTISING AUTHORIZED FOR PUBLIC HEARING APRIL 8, 1980 Commissioner Archer moved, seconded by Commissioner Pistor and carried unanimously, that Petition R-80-2-C filed by Thomas Tucker requesting a r:'!zoning from "RS-3-ST" residential single family and "CI" commercial industrial to "GRC" General Retail COIl111erc1al on property located in Block F, Unit 2, Connor's Vanderbilt Beach Estates be authorized for advertising for public hearing on April 8. 1980. PETITION CP-80-2C, KUNWAR JAIN - REQUESTING A lAND USE CHANGE FROM AREAS OF ENVIRONMENTAL SENSITIVITY TO AGRICULTURE LAND-USE ON PROPERTY lOCATED IN SECTION 10, T50S, R-26E LOCATED 1850 FEET WEST OF SR 951 - ADVERTISING AUTHORIZED FOR PUBLIC HEARING APRIL 8, 1980 Commissioner Archer moved, seconded by Commissioner Pistor and carried unanimously, that Petition CP-80-2-C filed by Kunwar Jain request- ing a land use change from areas of environmental sensitivity to agriculture land use on property located in Section 10, T50S, R26E located 1850 feet west of SR 951 be authorized for advertising for public hearing on April 8, 1980. PETITION R-80-1-C. KUNWAR JAIN - REQUESTING REZONING FROM "A-ST" AGRICULTURE SPECIAL TREATMENT TO "A" AGRICULTURE ON PROPERTY IN SECTION 10, T50S, R26E lOCATED 1850 FEET WEST OF SR ,951 - ADVERTISING AUTHORIZED FOR PUBLIC HEARING APRIL 8, 1980 Commissioner Archer moved, seconded by Commissioner Pistor and carried unanimously, that Petition R-80-1-C filed by Kunwar Jain requesting rezoning from "A-ST" Agriculture Special Treatment to "A" Agriculture on property in Section 10, T50S, R26E, located 1850 feet west of SR 951 be authorized for advertising for public hearing on April 8, 1980. QUAIL CREEK COUNTRY CLUB - REQUESTING AMENDMENT TO ORDINANCE 79-80 BY CORRECTING A TYPOGRAPHICAL ERROR - ADVERTISING AUTHORIZED FOR PUBLIC HEARING MARCH 18, 1980 Commissioner Archer moved, seconded by Commissioner Pistor and carried unanimously, that the petition filed by Quail Creek Country Club requesting an amendment to Ordinance 79-80 by correcting a typographical error and by providing an effective date be authorized for advertising for public hearing on March 18, 1980. ~ ,'., p ;1 ~O~K 051 PACE 592 f,' .... cr 1-~ .~~~~,,: "-~'t~ " - ,.,~Jt'1",:{j~'ti!iE~~t-, .. I ' aoaK 051 PACE 593 February 26, 1980 PETITION NZ-80-1-C, COUNTY PLANNING DEPARTMENT - REQUESTING AMENDMENT TO THE ZONING ORDINANCE TO REGULATE TIME-SHARE ESTATE FACILITIES; DEFINING TIME-SHARE FACILITIES; TO ALLOW THESE TYPES OF UNITS IN CERTAIN ZONING DISTRICTS - ADVERTISING AUTHORIZED FOR PUBLIC HEARING MARCH 25, 1980 Commissioner Archer moved, seconded by Commissioner Pistor and carried unanimously, that Petition NZ-80-1-C filed by the County Planning Department requesting an amendment to the Zoning Ordinance to regulate time-share estate facilitiesj defining time-share faciliti~s; to allow these types of un1ts in certain zoning districts, be authorized for advertising for public hearing on March 25, 1980. .' , PETITION V-80-3-C, GARY R. KlUCKHUHN - REQUESTING A VARIANCE TO CONSTRUCT A DUPLEX ON LOT 39, BLOCK 4, MARCO HIGHLANDS - ADVERTISING AUTHORIZED FOR PUBLIC HEARING MARCH 25, 1980 Commissioner Archer moved, seconded by Commissioner Pistor and carried unanimously, that Petition V-80-3-C filed by Gary R. Kluckhuhn requesting a variance to construct a duplex on a 9,000 square foot lot instead of the required 13,000 square feet of land area on Lot 39, Block 4 ~~rco Highlands be authorized for advertiSing for public hearing on March 25, 1980. PETITION R-80-6-C, MOORINGS, INC. - REQUESTING AN AMENDMENT TO MOORINGS PARK'S "PUD" - ADVERTISING AUTHORIZED FOR PUBLIC HEARING APRIL 1, 1980 Commissioner Archer moved, seconded by Commissioner Pistor and carried unanimously, that Petition R-80-6-C filed by Moorings, Inc. requesting an amendment to Moorings Park's "PUD" document be authorized for advertising for public hearing April 1, 1980. CETA PUBLIC SERVICE EMPLOYMENT PRIORITY POSITION LIST AND GRANT MODIFICATIONS _ APPROVED - lETTER TO BE SENT MR. SLAUGHTER, STATE CETA, REQUESTING MORE ENERGIES AND MONIES BE FUNNELED INTO PRIVATE SECTOR - AUTHORIZED Mr. Jim Meerpohl, CETA Director, presented the CETA Public Service Employment Position Priority List which was developed under the guidelines established by the Prime Sponsor (The State of Florida), the Board and the Public Service Advisory Committee and pointed out that the priority ranking of the listed positions was determined by (1) the quality of training to be provided; (2) past performance of the petitioning agency as a training! employment s1te and (3) the ability of the petitioning agency to accept handi- capped people as well as those who do not have high-school diplomas. r 1 r-l .'. "::l":'~;'" . .,' , . ."'.~ 1._.__1 I c.=...l February 26. 1980 Commissioner Pistor inquired as to what had transpired with the position in Everglades City and Mr. Meerpohl answered that it had been filled through the Coupled Activities Program which is not involved in the Public Service Employment. Commissioner Wimer complimented Mr. Meerpohl on doing an outstanding job with the CETA administration but pointed out that one area continues to concern him and that is, the amount of monies put in the Public Service Employment as compared to the amount of monies put in the Private Sector Jobs. Mr. Meerpohl stated he has no control over the designation of the dollar amounts at the local level but said he had petitioned the State twice, asking them to earmark more of the local Public Service Employment monies for Private Sector Jobs. The State's position has been not to write such a provision in their grants, making it impossible for him to redesignate any monies at the local level. Mr. Meerpohl continued that there have been discussions between the County Manager, the State's representative and himself regarding the possibility of the County Staff working in a pre-planning phase with all concerned so that the local and County ideas can become known. Pursuing Mr. Heerpohl's comments, Com- missioner Archer moved, seconded by Commissioner Wimer and carried unanimously, that the CETA Director be authorized to draft a letter to Mr. Slaughter, State CETA Director, indicating that the Board of County Commissioners agree, in essence, with the precepts of the CETA program but would like to see a greater emphasis on the Private Sector and recom- mended that certain available monies, earmarked for Public Service Employment, be directed to the Private Sector with the Chairman authorized to sign same. Commissioner Archer moved, seconded by Commissioner Pistor and carried unanimousl~ that the CETA Public Service Employment Priority List and the CETA Grant Modifications be approved and the Chairman authorized to sign said Modifications. BOJK 051 PACE 594 . .., .,...,': ,: . .~. ...... .{. . .~ L.~J 1'.:.:.1 r-':-'.'I . .;!/_.,I February 26. 1980 AGREEMENT FOR ANNUAL AID FOR THE COLLIER COUNTY FREE PUBLIC lIBRARY FROM THE STATE LIBRARY OF FLORIDA IN THE AMOUNT OF $34,293.00 - APPROVED _ CHAIRMAN AUTHORIZED TO SIGN SAME County ,Manager Norman stated this request is procedural in nature as the submitted application and agreement had, for intents and purpose, been completed in September, 1979 but Secretary Firestone wanted two new forms to be used in the disbursement of the quarterly allotments for the period from October 1, 1979 through July 1, 1980. It is this agreement that Mr. Norman asked be approved and executed by the Chairman. Commissioner Archer moved, seconded by Commissioner Wimer and carried unanimously, that the agreement for annual aid for the Collier County Free Public Library from the State library of Florida in the amount of $34,293.00 be approved and the Chairman be authorized to Sign same. * * * * * * * * * * BOOK 051 PACE 610 MO_1.._. 1___ .1 L J r:..-:.I February 26. 1980 BIDS 1406 FOR AMBULANCE MANAGEMENT SERVICE - REJECTED; COUNTY ATTORNEY AUTHORIZED TO PREPARE PROPOSED LEGISLATION TO CONSOLIDATE COUNTY FIRE DEPARTMENTS INTO ONE CENTRAL FIRE DISTRICT; STAFF AUTHORIZED TO NEGOTIATE WITH AMERICAN AMBULANCE SERVICE FOR FOUR-YEAR CONTRACT legal notice having been published in the Naples Daily News on January 27 and 28, 1980, the Fort Myers News Press on January 25 and 26, 1980 and the Tallahassee Democrat on January 28 and 29, 1980, as evidenced by Affidavits of Publication filed with the Clerk, bids were received until February 20, 1980 for Bid No. 406 for the furnishing of Ambulance Operation and Management Services. County Manager C. William Norman reported that since the bids were opened on Wednesday, February 20th, the staff has been engaged in analyzing the bids received. He explained that his report, and the staff report, concentrate primarily on the financial and operational aspects, noting that the medical considerations have been addressed by a committee of physicians and also by the Emergency Medical Services Advisory Council. Included in the subject reports, said Mr. Norman, are a number of attachments, as follows: 1. Review of each of the bidders and of the bids in terms of compliance with the specifications, and in terms of the amounts that were bid covering the four bidders - Broward Ambulance Corporation, American Ambulance, Inc., Herndon Ambulance Service, and National Patients Aids, Inc. 2. Analysis of the line item budget information provided by the bidders. 3. Breakdown of the bid contract payments and collection estimates on a per-ambulance basis. 4. Comparison of the Herdon and American bids. Responding to Commissioner Archer, Mr. Norman explained that the reason for the comparison of the Herndon and American bids was because it appeared that Herndon was the low bidder and American the bidder which most closely met all of the specifications and that the comparison was made for perspec- tive purposes. He said that it was felt there was no point in looking at the highest bids, received from the Broward firm. Commissioner Archer, referrinD to the additional information received this date from the Public Safety Administrator Thomas Hafner concerning Herndon, inquired why the other firms did not have the same opportunity to present information to include in or to complete their bids, Mr. Norman said that, to his knowledge, Herndon furnished such information on their !~;~ 051 PACE 614 I BO~K 051 PACE 615 February 26, 1980 own; however, he said that the information is not considered in the reports. Commissioner Wimer suggested that the whole bid process was being "prostituted" in that instead of being able to verify facts it is necessary to attempt to find out what the facts are because of the very broad statements, generalities, and misleading statements in the bids from certain companies. He added the comment that such procedure is a very poor posture to place the Board of County Commissioners in because it is the desire of the Board to have th~ conclusion based upon facts and "we're not dOing it". Responding to Commfssioner Archer's observation that the tow bidder is being considered regardless of the services and also the fact that they did not comply with the bid specifications, Mr. Norman said that it is his recommendation that all bids be rejected, based on the confusion that has been expressed during the Session and based on advice received from the County Attorney. Chairman Wenzel asked if a further recommendation might be for the County to enter into the ambulance business and voiced concern over the time and effort the bidders have expended in preparing their bids. It was also Chairman Wenzel's viewpoint that the bid specifications might have been drafted in such a way that they could help just one individual with Commissioner Wimer taking exception to the Chafrman's statement. To answer Commissioner Archer's question as to how the County could take over the ambulance service, Chairman Wenzel explained that the County's emergency operation could be put into effect, a director hired to oversee the service, and that it could be worked through the fire department or under the County. Chairman Wenzel said that the independent and dependent fire districts could be consolidated and that the County could set the rules and regulations. Commissioner Archer voiced doubts that interim contracts for service could be worked out with the fourteen different entities involved. Commissioner Wimer moved that all bids be rejected, and that the process be rebid, with instructions to all bidders that the key items left out of the original bids be fully complied with or their bids will auto- matically be rejected. Commissioner Pfstor seconded the motion. ,-----., r--'" L_J c::~ -' February 26, 1980 During the discussion which followed, Mr. Norman offered the suggestion that the bidders who have previously submitted bids be asked to address only those issues which remain. County Attorney Pickworth inquired if, in the interest of time, there is a short-form way of getting the rebids in more quickly. Mr. Norman responded that such details have not been worked out and pointed out that there will need to be an extension of the present contract in the interim. Commissioner Wimer said that he would be agreeable to including sllch extension in his rr.otion; however, he said that he would not participate in any of the negotiations. He said that it is his desire to have facts "laid out on the table for everybody to see and, if anyone wants to make accusations against fact, they can feel free to do so but they will have the facts staring them in the face". Mr. Terry Vann, representing Herndon Ambulance Service, although registered to address the Board, declined the opportunity at this time. Mr. Bruce Holly, Sr., representing the East Naples Civic Association and the Collier County Civic Federation, congratulated the Board for the stand being taken to reject all bids. He noted that the media has reported that the fire departments were able and willing to provide emergency medical service during an interim periOd between the end of the present contract and the beginning of another one and supported th~t approach. Mr. Mike Zewalk, representing the North Naples Civic Association, referred to the feeling being expressed that there is "something bad about being less expensive" as in the case of the low bidder and questioned the wisdom of such an opinion. He pointed out that there is a $500,000 difference between the low bidder and the second highest bid which he said will "buy a lot of medical services". Mr. Zewalk also expressed his satisfaction that all of the bids were gOing to be turned down. Mr. J. L. Dutton, of the Civic Association of Pine Ridge, said that it is the Association's opinion that the ambulance business should be kept as a private enterprise and that "the County get out of it". Mr. George Keller, area resident, voiced the opinion that, from an accountant's viewpoint, the cost figures should be further broken down to show the owners' salary and that, since the County is "picking up the tab" it should be known what this sum will be. Attorney Pickworth \, t, ~ eOJK 051 PACE 616 'i j ~: ~~ " ) ~{ , . _.....--------_.~"..,---".~... - .. .. ,- ~'::;~':';;:~.t'i~.:ti1. B()a~ 051 PACE 617 February 26, 1980 explained that, under the old-type arrangement in which the County was paying a portion of the reasonable and necessary expenses of operating, the County would have the right to take a look at the owners' salary to determine if it was reasonable and necessary; however, he said that such breakdown is not necessary under a simple flat-rate bid. Mr. Keller also called attention to the wide variation between the bids with regard to gasoline costs. Chairman Wenzel said that the figures being addressed by the speaker should be brought up when the project is rebid - preferably in a Workshop Session. Mr. Stuart Temkin, representing Broward Ambulance Corporation, noted that there were a few matters in the bid which were troublesome and probably will continue to be, pointing specifically to the matter of obtaining a Medical Director, as required in the bid. He said that the current Medical Director was approached in this regard but said that he (Dr. Robert Tober) would be unwilling to make a commitment due to his contract with American Ambulance; however, he (Mr. Temkin) said that, in the event American wasn't "there", he (Dr. Tober) would "go with the successful bidder". Chairman Wenzel conrnented that the local doctors who said that they would not work for anyone but American cannot be forced to work for another firm, and inquired about Broward securing their own Director as another of the bidder's has done, having advised that their own medical Examiner/Director has been secured. Mr. Temkin said that his firm has a Medical Director in Broward County but that, citing Herndon as an example, when it gets down to operations, it will be necessary to have a local Director. Mr. Temkin stated that, in his opinion, such stipulation should not be included in the bids with Commissioner Wimer pointing out that the provision was discussed during the pre-bid conferences and that there were no objections voiced by any of the firms' representatives. He further pointed out that during the conference, the County's Public Health Officer, Dr. Cox, was willing to assist any of the firms in securing help in this matter, but, according to Dr. Cox, no one contacted him (Dr. Cox). Another matter addressed by Mr. Temkin was the proviSion calling for a confirmation of rental of space and said that his firm had located a downtown station with the anticipation of taking over the existing stations ,_._-, ,----, H "', .-~" L__J J f -..~~I February 26. 1980 presently being used by the current provider which would no longer be needed; however, said Mr. Temkin, their presumption was not sufficient to satisfy the requirements. Mr. Marshall Webb, representing the Naples Manor Property Owners Association, Inc., congratulated the Board on bidding the ambulance service contract. He referred to the differences in the figures for estimated profit - i.e. 8% for Herndon, as opposed to 15% for the other firm _ and said that he supports the 8% fi9ure since it is "my dollars you are saving". Pursuant to a call for the vote on the motion on the floor by the Chairman, Mr. Norman requested that the motion include a waiver of the advertising requirements and also a call for a pre-bid conference to determine what period of time is appropriate. It was Chairman Wenzel's observation that the motion covered too many items, following which Com- missioner Wimer amended the motion to state that all bids be rejected. Commissioner Pistor seconded the motion which carried unanimously. Regarding the subject bid specifications, Commissioner Wimer referred to the innuendo that the specifications might have been weighted, inquired of the staff members who prepared them if they were slanted. Public Safety Administrator Thomas Hafner explained that the preparation was a jOint effort, that it was felt they were objective and comprehensive, and that a "middle of the road" approach had been taken. Commissioner Wimer named the members of the Citizens' Review Committee who had reviewed the specifications and had provided input and stated that it is his intent to inquire of all of them if "they slanted this thing to Jack Maguire" as has been suggested. There was a brief discussion concerning the expiration date on the existing contract for ambulance ~crvice, fOllowing which Commissioner Pistor moved that the contract be extended until April 16, 1980. Chairman Wenzel seconded the motion to "get it on the floor". The motion failed 2/3 with Commissioners Archer, Wimer and Brown voting in opposition. It was then moved by Commissioner Pistor that the staff be authorized to prepare the necessary documents to rebid the contract for ambulance service, to hold a pre-bid meeting and, as suggested by Chairman Wenzel, that the staff be authorized to make changes in the bid in order to simplify it, e(J::~ 051 PACE 618 .Ct~_. ---"7:-~~ _~~:';:~,:'j'ri~~~:,_::I ' .' ~O~K 051 ~.u:E 819 February 26, 1980 following which the Chairman seconded the motion. As requested by Com- missioner Archer, a roll call vote was taken, and the motion failed 2/3 with Commissioners Archer, Wimer and Brown voting in opposition. It was stated by Chairman Wenzel that, rather than to "throw the situation into chaos, we will have to set the emergency ambulance service into effect at the expiration of this (contract), and the County will have to go into the ambulance business". Commissioner Archer moved that the Attorney be directed to begin procedures to consolidate Collier County into one fire district, to get the Legislature to change the indpendent fire districts to dependent fire districts, in order to objectively handle the operations of an ambulance service with the County. Chairman Wenzel seconded the motion. Attorney Pickworth, referring to the proposal contained in the motion, said that such approach is legal and that he would prepare the necessary legislation; however, he suggested that such legislation is probably too late to be considered in the current year. Among the comments made prior to a vote on the motion on the floor, was Commissioner Wimer's suggestion that, since the overriding concern being expressed is for private enterprise to provide the service, that Mr. Maguire should operate his service without any government interference, and charging whatever he desires. He said that it is evident that a "lot of the people here" do not want the Board of County Commissioners to provide quality ambulance service in Collier County but prefer the fire depart- ments to provide such service, noting that the fire departments do not "want it". It was Commissioner Brown's comment that the fire departments are not "geared up" to providing such service. Following a roll call vote on the motion on the floor, the motion carried 3/2 with Commissioners Wimer and Brown voting in opposition. Mr. Norman voiced his concern over in~uring adequate ambulance service in the interim period with Commissioner Archer stating that the emergency ambulance service was to be implemented. Chairman Wenzel con- curred with the comment "unless he's (Mr. MagUire) will ing to continue under the present agreement". c" .., .--." ~:.-.;.....~2.,.::.t~ t--}. l. __1 L.. J L~~J February 26, 1980 Mr. Jack Maguire, President of American Ambulance Service, Inc., expressed the opinion that the Board will be derelict in their duty and will be so charged if the contract is "thrown out" and service is not provided to certain areas, such as the Immokalee area. Mr. Maguire addressed other matters which were brought up during the deliberations and offered the suggestion that the proposal which was suggested at the end of the current contract be renegotiated, with the figur~ renegotiated, which is possible due to some extenuating circumstances which were brought out in discussion with the County staff the day before, and proceed with the contract. He urged the Board not to "destroy for the conmunity the lifeline that has been developed". Commissioner Wimer offered his apologies to all of the bidders who have gone through much time, trouble and expense because of his desire to eliminate all the innuendoes and accusations which were forthcoming from the vocal minority, and which he said has not been accomplished, suggesting that his "high and lOfty ideals were sabotaged by politics". Commissioner Brown, voicing his pleasure at the way the service has been assumed by Mr. Maguire in Immokalee, moved that the contract with Mr. Maguire be renegotiated. The motion died for lack of a seconding. The matter of negotiating with American Ambulance for a contract for the balance of the year was addressed by Chairman Wenzel, with the comment tha' the voters could decide the issue in the November election. The matter of the fire departments becoming involved was again commented upon with Attorney Pickworth questioning the need for "getting rid of the fire districts' since, it must be assumed that most people are satisfied with their local fire service. He said that if the desire is to know whether or not the voters want the County to be in the ambulance business, why not make that the issue for a vote. Responding to the Chairman, Attorney Pickworth said that there are provisions in the pertinent Special Acts which prohibit transportation, which he said were included in the Acts at the Board's inSistence; however, he recalled that there are amendments to such Acts now being proposed which would permit transporting. Commissioner Brown after noting the request from Ms. Nancy Bisbee of the Golden Gate area that an ambulance be stationed in Golden Gate when the wnx 051 PACE' 620 r 1'. 1 , BOOK 051 PACE 821 February 26, 1980 bid is awarded, moved that negotiations with American Ambulance be con- tinued where they left off, for a four-year contract, and that the negotiations include the Golden Gate area, the Marco area, North Naples, and Everglades City. Concerning whether or not the Commissioner would consider a one-year contract as posed by Chairman Wenzel, Commissioner Brown said that he would not, whereupon Commissioner Archer seconded the motion. The motion carried 3/2 with Commissioner Pistor and Chairman Wenzel voting in the negative. Filed for the record, were the following pieces of correspondence: I. letter dated February 25, 1980 from Terry Vann, Operations Manager, with attachment, providing additional information with regard to their bid for amublance service contract. 2. Letter dated February 18, 1980 from William W. Cox, M.D., Collier County Health Director, listing the priority of the various ambulance firms, pursuant to review by the Committee of Physicians of the bids. 3. letter dated February 18, 1980 from C. P. Foster, Jr., President, Pinellas Ambulance Service, Inc., transmitting the firm's reasons for not submitting a bid on the ambulance service management contract. 4. letter dated February 13, 1980 from the Commissioners of the East Naples Fire Control District setting forth their position with regard to the County's Emergency Medical Service provisions. EXCAVATION PERMIT NO. 59.95 REQUESTED BY RANDALL CRAWFORD IN SECTION 31, T49S, R27E - APPROVED WITH STIPULATIONS County Engineer Barksdale reviewed the request and stated the proposed excavation, as revised, is approximately 108' x 108' for a total of 1,970 c.y. to be excavated and utilized on site. The fill is to be used for residence or for agricultural purposes; is in compliance with the Excavation Ordinance and has an approximate depth of 16 feet below existing grade. Mr. Barksdale said the Water Management Advisory Board reviewed the application on February 13, 1980 and recommended approval, as does he, with the following stipulations: I. No pumping off site shall be permitted. 2. Since excavated material is to remain on site, the requirements for a bond and permit fee shall be waived. 3. All applicable provisions of County Ordinance No. 73-12 shall be adhered to. 4. The applicant shall comply with any new administrative require- ments which become a part of the revised Excavation Ordinance. 5. No blasting shall be permitted as part of this excavation permit. 6. Excavation not to exceed 10' below existing natural grade. (" .~-1 ,--, r-'- "1 r" I I ! l__.l . J r=:J February 26, 1980 Commissioner Pistor moved, seconded by Commissioner Wimer and carried unanimouSly, that Excavation Permit No. 59.95 requested by Randall Cra~ford in Section 31. T49S, R27E, be approved with the above- referenced stipulations. EXCAVATION PERMIT NO. 59.97 REQUESTED BY VICTOR J. SCOTT IN SECTION 17, T51S, R27E - APPROVED WITH STIPULATIONS County Engineer Barksdale presented the request and stated the proposed excavation is approximately 100' by 75' with a total of 970 c.y. to be excavated and used on site as fill for a residence. The proposed excavation is in compliance with the Excavation Ordinance and has a maximum depth of approximately 8 feet below existing grade. Mr. Barksdale concluded that the Water Management Advisory Board, during their meeting of February 13, 198~ reviewed the application and recommended approval. as does he, with the following stipulations: 1. No pumping off site shall be permitted. 2. Since excavated material is to remain on site, the require- ments for a bond and permit fee shall be waived. 3. All applicable provisions of County Ordinance No. 73-12 shall be adhered to. 4. The applicant shall comply with any new administrative requirements which become a part of the revised Excavation Ordinance. 5. No blasting shall be permitted as part of this excavation permit. Commissioner Wimer moved, seconded by Commissioner Pistor and carried unanimously, that Excavation Permit No. 59.97 as requested by Victor J. Scott in Section 17, T51S, R27E, be approved with the above-referenced stipulations. ONE 4 INCH WATER WELL PERMIT REQUESTED BY COASTAL ENGINEERING IN SECTION 8, TSOS, R26E - APPROVED WITH STIPULATIONS County Engineer Barksdale reviewed the request, saying that on February 1, 1980, Coastal Engineering made application for the construc- tion of one 4" water well within the County right-of-way on County Barn Road and explained that the construction of the 4" well is for monitoring the water table; not for withdrawal. The well will be monitored for the duration of the South Florida Water Management ,District Permit for pump- ing operations at the quarry on Davis Boulevard and will be capped at the end of this period. In accordance with the application the 4" well cOjK 051 rACE 622 ".----- -..---_.. -...._-..- - ~l ;'- ~\~1~1':','i~tt-lr;<<~~;~':' MOX 051 PACE 623 February 26, 1980 will be dug to a depth of 20 feet using a 4" steel casing to a depth of 20 feet. Mr. Barksdale concluded that the Water Management Advfsory Board, during thefr meeting of February 13, 1980, reviewed the application and recommended approval, as does he, with the following stipulations: 1. Copy of driller's log shall be submitted to the County Engineer upon completion of drilling operations. 2. Water analysis regarding water Quality shall be submitted to County Engineer. 3. COPt of monftoring report shall be submitted to County Engineer. 4. Well shall be capped and plugged upon completion of monitoring program. Commissioner Pistor moved, seconded by Commissioner Wimer and carried unanimously, that the request by Coastal Engineering for one 4" water well permit in Section 8, T50S, R26E, be approved with the above-referenced stipulations. ONE 8 INCH WATER WELL PERMIT REQUESTED BY COllIER DEVELOPMENT CORP/ MISSIMER AND ASSOCIATES, INC. IN SECTION 26, TSOS, R26E _ APPROVED WITH STIPULATIONS County Engineer Barksdale reViewed the request and stated that on January 23, 1980, Missimer and Associates, Inc., on behalf of Collier Development Corp., made application for the construction of one 8" test well - said well to be used in conducting a detailed aquifer test in conjunction with a water resource investigation for Deltona Utilities. Mr. Barksdale concluded that the Water Management Advisory Board, during their meeting of February 13, 19aO, reviewed the application and recommended approval, as does he, with the following stipulations: 1. Copy of the driller's log shall be submitted to the County Engineer upon completion of drilling operations. 2. Water analysis regarding water Quality shall be submitted to the County Engineer. 3. Copy of test report shall be submitted to the County Engineer. 4. Well restricted to test purposes only. Reapplication required for use as production well. In accordance with the application, the well will be 8" in diameter, dug to a depth of 40 feet, using an a" PVC casfng to a depth of 25 feet. The desired pumping capacfty is to be 500 GPM. r~ .--' l_j 1..1 r.=] February 26, 1980 Commissioner Pistor moved, seconded by Commissioner Wimer and carried unanimously, that the request for one 8" water well permit by Collier Development Corp/Missimer and Associates, Inc. in Section 26, T50S, R26E, be approved with the above-referenced stipulations. TWO 4 INCH WATER WELL PERMITS AND ONE 10 INCH WATER WELL PERMIT REQUESTED BY MANCHESTER INVESTMENTS, INC./MISSJMER & ASSOCIATES, INC. IN SECTION 17, T48S, R26E - APPROVED WITH STIPULATIONS County Engineer Barksdale presented the request and stated that on January 23, 1980, Missimer and Associates, Inc.. on behalf of Man- chester Investments. Inc., made application for the construction of two 4" water wells and one 10" water well. All three wells arc part of a hydrologic test program being conducted for Manchester Properties Quail Run Development in North Collier County. The two 4" wells are for observation and the 10" well is a test production well. During the aquifer test, the production well will be pumped at a rate of 1000 GPM for 72 continuous hours. Water level declines in the observation wells will be recorded an~ from this information, the hydraulic coefficients of Tamiami Aquifer System Zone I will be calculated. If the testing is successful, the test production well will be converted into a pro- duction well to supply irrigation water. This will not occur until a consumptive water use permit is obtained from the South Florida Water Management District and a number of additional production wells are approved for construction by Collier County. Mr. Barksdale concluded that the Water Management Advisory Board, during their meeting of February 13, 1980, reviewed the application and recommended approval, as does he, with the following stipulations: 1. Copy of the driller's log shall be submitted to the County Ell::! ineer upon completion of the drilling operations. 2. Water analysis regarding water quality shall be submitted to the County Engineer. 3. A copy of the Hydrologic Test Program Report shall be sub- mitted to the County Engineer. 4. Well restricted to test purposes only. Reapplication required for use as production well. In accordance with the applica- tion, the one 10" well will be dug to a depth of 100 feet with a 10" PVC casing to a depth of 65 feet and a desired pumping capacity of 1000 GPM; one 4" well will be dug to a depth of 250 feet with a 4" PVC casing to a depth of 245 feet and one 4" well will be dug to a depth of 100 feet with a 4" PVC casing to a depth of 65 feet. acOK 051 PACE 824 4>/...:.....;:,',; ,,;r.;Y.%A-;~~:t'~~.. BO!lK 051 PACE 625 February 26, 1980 Commissioner Pis tor moved, seconded by Chairman Wenzel and carried unanimously, that the request by Manchester Investment, Inc.1 Missimer and Associates, for two 4" water wells and one 10" water well in Section 17, T48S, R26E, be approved with the above-referenced stipulations. INTERIM EXPANSION OF COUNTY COMPLEX PARKING FACILITIES (CONSTRUCTION OF APPROXIMATELY 34 ADDITIONAL SPACES) AND EXPENDITURE OF $10,000 REGARDING SAME - APPROVED County Engineer Barksdale presented the request, stating that the Board of County Commissioners, on January 15, 1980, had directed the Engineering Department to proceed immediately to prepare a report and design of the number of parking spaces required for the County Complex to meet the minimum standards according to the current Zoning Ordinance. According to the Zoning Department, 681 parking spaces are required and there are currently existing 554 spaces, therefore, 127 additional park- ing spaces are needed in order to comply with the ordinance. He said that the Master Plan for the Courthouse indicates an area opposite the Museum and Satellite BUildings as being available for the additional parking spaces. As an interim improvement measure, the design of approximately 34 additional spaces has been completed with an estimated cost of $10,000.00. It is pruposed to accomplish the earthwork with the County Road Department and the asphalt surfacing under the annual asphalt contract. These additional spaces can be provided within two weeks after approval is given and will provide an interim relief to the parking problem until the planning and design for the additional 93 spaces can be completed. Mr. Barksdale concluded with the statement that funds are available within the Capital Improvement Trust Fund for this work. Commissioner Pistor moved, seconded by Commissioner Archer and r.i1rrip.rl Ilnilnimnll~ly, thilt the construction of approximately 34 additional parking spaces at the County Complex be authorized and, that the expendi- ture of $10,000 for same, be approved. .--. rI r-~."l ,,/! ,'.; ,>it.'4\l' ,~,..J!/~ ^,t:~~'.,::t.<:rij -'i'(~S~"'\ , L ...1l-1'..Jt.....__.,:..'_..... T"" LJ L.~~J [7:. ..... -."J '~ .. .:' , . February 26, 1980 BID '405 FOR THE PURCHASE OF 6 FIRE HYDRANTS FOR THE ISLE OF CAPRI FIRE DISTRICT AWARDED TO MCGOVERN CONSTRUCTION CORPORATION IN THE AMOUNT OF $14,241.06 - FISCAL OFFICFR AUTHORIZED TO PREPARE THE APPROPRIATE FINANCIAL AND BUDGETARY AMENDMENTS TO CONSUI~TE THE TRANSACTION Legal notice having been published in the Naples Daily News on January 3 and 10, 1980, as evidenced by Affidavit of Publication filed with the Clerk, Administrative Assistant to the County Manager Gene Willett advised that bids were received until 2:30 P.M., Eastern Standard Time, on Wednesday, January 22, 1980 on Bid #405 for the purchase and installation of 6 fire hydrants for the Isle of Capri Fire District. He stated that a pre-bid conference was held in which three prospective bidders attended and that all provisions of the Purchasing POlicy have been observed. Two bids were received - (1) Gator Utilities Service, Inc. for $21,600 or $3,600 for each of the 6 fire hydrants and (2) McGovern Construction Corporation for $14,241.06 or $2,373.51 for each of the 6 fire hydrants. Since the County Engineer's estimate for the project was $15,000. it is felt that the bid by McGovern Construction Corporation of $14,241.06 or $2,373.51 is a responsible bid and is recommended for approval. Mr. Willett concluded that the funding for the project has been discussed with Fiscal Officer Hall and that Mr. Hall has indicated that the monies are available in the Isle of Capri Fire District budget plus a loan in the amount of $5,000 which has been determined can be acquired. Commissioner Pistor moved, seconded by Commissioner Archer and carried unanimously, that Bid #405 for the purchase and installation of 6 fire hydrants for the Isle of Capri Fire District in the amount of $14,241.06 be awarded to McGovern Construction Corporation as contained in the recommendation of the Bid Review Committee; that the Chairman and the Clerk be authorized to sign and attest the resulting Agreement and that the Fiscal Officer be authorized to prepare the appropriate financial and budgetary amendments to consummate the transaction. RESOLUTION NO. 80-49 TO RECOVER FUNDS EXPENDED BY COUNTY TO ABATE PUBLIC NUISANCE ON lOT 3, BLOCK 206, UNIT 7, MARCO BEACH (DOLLAR STORES, INC.) ADOPTED Commissioner Archer moved. seconded by Commissioner Pistor and carried unanimously, that Resolution No. 80-49 to recover funds expended by the County to abate a public nuisance on lot 3, Block 206, Unit 7, Marco Beach (Dollar Stores, Inc.), be adopted. ~(!:( 051 pm 628 ., :~. :-. L.J ~J Lj February 26, 198 RAW WATER AGREEMENT BETWEEN WYNOEMERE SUBDIVISION AND THE COUNTY WATER- SEWER - APPROVED - CHAIRMAN AUTHORIZED TO EXECUTE SAME - RESOLUTION NO. 80-50 - ADOPTED Utility Director Berzon presented the request made by the Wyndemere Subdivison's developer and the County Water-Sewer District for the appro of an Agreement for a raw water tap into the City of Naples 36 inch transmission main along Golden Gate Parkway which will allow the project to have water for treatment until such time as the County's Regional Wat System can deliver treated water to the area. Mr. Berzon reviewed the background of the proposed agreement and gave the following statements for the Board's consideration: 1. Under the Agreement between the City of Naples and Collier County, dated October, 1977, the County may purchase up to 10,000,000 gallons of raw water from the City of Naples for use within the County Water-Sewer District. To date, the County does not draw any raw water from the City of Naples' raw water supply. 2. The Developers of the Wyndemere Subdivision are requesting thai the County authorize the withdrawal of up to 200,000 gallons per day of raw water from the City's transmission main along Golden Gate Parkway. 3. This withdrawal will provide water for treatment by the Wyn- demere Subdivision project until such time as the County's Regional Water System can deliver treated water to the project area. 4. An Agreement providing for the basis for establiShing water rates within the Wyndemere Subdivision project, for raw water charges to be collected from the project by the County and the conditions under which the facilities of the project are to be turned over to the County Regional Water System sometime in the future, has been drafted and is now being offered for approval by the Board of County Commissioners. 5. If the Agreement is approved by the Board of County Commis- sioners, it will then be necessary for the Board of County Commissioners to request from the City of Naples that a tap and the specified volume of water be made available. 6. The County Attorney has reviewed the proposed Agreement and finds it acceptable for legal form. Mr. Berzon concluded his remarks with a recommendation of approval of the proposed Agreement and adoption of the companion Resolution. Commissioner Archer moved, seconded by Commissioner Pistor and carried unanimously, that the Agreement between the County Water-Sewer District and the Wyndemere Subdivision be approved and that Resolution No. 80-50 be adopted. ~OJj( 051 pm 628 \ , , I r f ~, ,~ :i,~ 1"\'..t;t~~~1J:i;;.t;I'~"f'~}'i 'c' ;,";-':':',' . L.::J (". ,.1 ..~-.. ..;,~ J c::::J February 26, 1980 PAYMENT OF ROUTINE BILLS - AUTHORIZED Following Fiscal Officer Harold Hall's statement that the bills being presented for approval of payment have been prepared following established procedures and that funds are available. Commissioner Archer moved, seconded by Commissioner Pistor and carried unanimously, that the bills be approved for payment as witnessed by the following warrants issued from February 20, 1980 through February 26, 1980: !!!!!Q County Warrants BCC Payroll - CETA Payroll Fund Intragovernmental Services WARRANT NOS. 4762 - 4870 1053 - 1177 1 4 BUDGET AMENDMENT 80-45 FOR PURCHASE OF TELEPHONE ANS~ERING DEVICE FOR GOLDEN GATE COMMUNITY CENTER OFFICE - ADOPTED IN THE AMOUNT OF $166.00 Commissioner Pistor moved, seconded by Commissioner Archer and carried unanimously, that Budget Amendment 80-45 to transfer funds from Communications to Office Equipment and Furniture to purchase a telephone answering device for the Golden Gate Community Center office, in the amount of $166.00, be adopted. ." * * * * * * * * 800K 051 PACE B38 I , ; , ,. l! ~ " t.......' " I t.:. ! 'i ':1 ~j It.:....) .) , l L.-l I .__.-.1 r", I "..: F:' February 26, 1980 BUDGET AMENDMENT 80-46 FOR THE PURCHASE OF DRUM TRUCK FOR BUILDING loIAINTENANCE DEPARTMENT - ADOPTED HI THE AMOUNT OF $160.00 Commissioner Pistor moved, seconded by Commissioner Archer and carried unanimously, that Budget Amendment 80-46 to transfer funds from Miscellaneous Supplies to Other Machinery and Equipment to purchase a drum truck for the handling of the large 55 gallon (525+ lb.) drums that cleaning supplies, roof coatings and chemicals come in, be adopted in the amount of $160.00. BOARD OF COUNTY CO~~ISSIONERS COLLIER COUNTY, FLORIDA BUD GET A MEN D MEN T L37 Requires Doard Approval , D Do'e's Not Requirp Board Approval " , . (t.r.a.n.s.f,e,r .~i,t,hi,n ,obj,ec.~ ,co,d,e. ,r.a.n,9.e.' FUND GENERAL DEFT. BUILDING MAINTENANCE DESCRIPTION: To transfer funds from Miscellaneous Supplies to Other , Machinery and Equipment to purchase a ,drum truck for the handling of the large 55 gal (525 lb+) drums that cleaning supplies, roof coatings, and chemicals come in. TO (Increase):. * Other Machine~y & Equipment 001-519-1-11-08-030-643 $ 160 FROM (Source of F'unds) : Miscellaneous Supplies 001-519-1-11-08-020-529 $ 160 = County Hgr/Di r1P!*_ ~~;~;';vii:u. DatJ.ff~j ~cl - S'" ... Board of County Comm. Approval: DUDGET AMEN! Date: Feb. 26, 1980 No. 80-46 DISTRIBUTION: 'i Board Records (Original) Fiscal Officer Pcpartment(s) ^ffectcd ~ Accounting Department PurchDBing (Equipment Only) Budget I\nalyst Rev .12/17 /791lLll - eo;~ 051 PACE 63S 1 r I, .0'," "..I..~.- eOOK 0511'J.1:E639 February 26, 1980 MR. NORMAN HERREN REAPPOINTED AS MEMBER OF INDUSTRIAL DEVELOPMENT AUTHORITY Commissioner Archer moved, seconded by Commissioner Pistor and carried unanimously, that Mr. Norman Herren be reappointed as member of the Industrial Development Authority for a four-year term (February 1980 to February, 1984). NAPLES DAILY NEWS SELECTED AS NEWSPAPER FOR ADVERTISEMENT OF DELINQUENT TAX lIST Commissioner Archer moved, seconded by Commissioner Pistor and carried unanimously, that the Naples Daily News be selected as the newspaper to advertise the delinquent tax list as meeting the requirements of the statutes. ACCEPTANCE OF LOT 5, BLOCK 12, PARK SHORE AS REPLACEMENT OF LOT 8, BLOCK 12, PARK SHORE AS SECURITY FOR THE SUBDIVISION IMPROVEMENTS TO PARK SHORE UNIT .5 - APPROVED Following County Attorney Pickworth's submission of the substitution of lots held in trust by the County as security for the subdivision improvements to Park Shore Unit '5, Commissioner Pistor moved, seconded by Commissioner Archer and carried unanimously, that the acceptance of Lot 5, Block 12, Park Shore as replacement of Lot 8, Block 12, Park Shore now being held in trust by County as security for the subdivision improve- ments to Park Shore Unit 65, be approved. ." ." * * * ." ." * . r. '" f-.....-' r .~ .....1 BOOK 051 t~E641 February 26, 1980 RESIGNATION OF JAMES F. SPADE FROM CONTRACTORS' LICENSING BOARD - ACCEPTED, LETTER OF APPRECIATION TO MR. SPADE - AUTHORIZEO - RESUMES OF ENGINEERS ONLY TO BE CONSIDERED FOR VACANCY Commissioner Archer moved. seconded by Commissioner Pistor and carried unanimously, that Mr. James F. Spade's letter of resognation. dated February 20, 1980, from Contractor's Licensing Board, be accepted and that a letter of appreciation be forwarded to Mr. Spade for his past efforts and participation. Commissioner Archer asked that his motion include the authorization that only engineers' resumes would be considered to fill the vacancy left by Mr. Spade's resignation. APPLICATION AMD CERTIFICATION STATEMENT RE THE COUNTY'S REQUEST FOR FUNDING FROM THE DEPARTMENT OF ENERGY - AUTHORIZED FOR THE APPROPRIATE SIGNATURES Commissioner Pis tor moved, seconded by Commissioner Wimer and carried unanimously, that the grant application and certification statement regarding the County's request for funding of a Technical Assistance Program from the Department of Energy, be authorized for the appropriate signatures. * * * * * * * . * r-J .--, r-, r~ r~ C.:J L,:.~j (:~'~I February 26, 1980 LAKE TRAFFORD MEMORIAL GARDENS CERTIFICATE DEED NUMBERED 209- RECORDED AND FILED FOR THE RECORD Pursuant to action of the Board January 10. 1980 wherein the Chairman was authorized to sign various deeds to Lake Trafford Memorial Gardens cemetery lots as the need arises, the following Deed numbered 209 was recorded and filed for the record. * , I I I i * * * * * i 'Ii "I l! * * * " 'I \1 I * &O:JK 051 PACE 648 ,"> ~ f ......' .... 0" r~ . n .. ' ._-~ r---I ["0) L?''r:-. ..) I":"':"P\ February 26, 1980 MR. FRED ENDENFIELD REMOVED FROM I~~OKALEE AREA PLANNING COMMISSION RE NON-FILING OF FINANCIAL DISCLOSURE STATEMENT AS REQUIRED BY LAW - rAPe NOT TO HOLD MEETINGS UNTIL VACANCY HAS BEEN FILLED County Attorney Pickworth stated it had been brought to his attention ~nd he was, in turn, bringing it to the Board's attention, that Mr. Fred Edenfield, as a member of the Immokalee Area Planning Commission. had not filed Form 1 Financial Disclosure as mandated by State law and. additionally, refused to do so. It was Attorney Pickworth's recommendation, to which Commissioner Brown concurred, that Mr. Edenfield's name should be removed from the IAPC membership. Following said recommendation, Com- missioner Archer moved, seconded by Chairman Wenzel and carried unanimously, that Mr. Edenfield's name be removed from the IAPC membership. Mr. Pickworth then quoted from the Statutes which states "No meeting shall be held when the membership is less than five (5) members." and since this is the case with the present IAPC, the Commission must refrain from having meetings until there is a quorum. He asked that the Commission be so informed. The subject of changing the number on the Con~lission from 5 members to 7 members was postponed until a later meeting. There being no further business for the good of the County, the meeting was adjourned by Order of the Chairman at 12:05 P.M. BOARD OF COUNTY COMMISSIONERS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL . J j .i J'~ A l'T'ES,T : '~~ILL'IAM J. . , c~~ ..~ ", ''I K " . , ..,' .. .\ ... ,. .., "I' aa~~ 051 rAGES50