BCC Minutes 03/11/1980 R
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Naples, Florida, March 11, 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 hav~ been created according to law and
having conducted business herein, met on this date at 9:00 A.M. in
Regular Session in Building "F" of the Courthouse Complex with the
fOllowing members present:
CHAIRMAN: Clifford Wenzel
VICE-CHAIRMAN: Thomas P. Archer
John A. Pistor
C.R. "Russ" Wimer
David C. Brown
ALSO PRESENT: William J. Reagan, Clerk (9:11 A.M.). Harold L.
Hall, Chief Deputy Clerk/Fiscal Officer. Darlene Davidson and Edna
Brenneman (1:30 P.M.), Deputy Clerks; C. Wflliam Norman, County
Manager; Anthony Pires (9:45 A.M.), Assistant County Attorney;
Thomas Hafner, Public Safety Administrator; Terry Virta, Community
Development Administrator; Gene Willett, Administrative Assistant to the
County Manager; Danny Crew, Planning Director; Lee Layne, Planner;
Clifford Barksdale, Public Works Administrator/County Engineer.
Jeffory Perry, Zoning Director; Irving Berzon, Utilities Director;
and Deputy Chief Raymond Barnett, Sheriff's Department.
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BOARD OF COUNTY COMMISSIONERS
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AGENDA
~larch 11, 19BO
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 AI ~EAST 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 ALLEGIMlCE
BO~K 052 PACE 67
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BOOK 052 PACE 12
March 11, 1980
COMMUNITY DEVELOPMENT ADMINISTRATOR TERRY VIRTA INTRODUCED BY COUNTY
MANAGER
County Manager Norman introduced the County's new Community
Development Administrator Terry Virta to the members of the Board.
Mr. Norman explained that Mr. Virta officially began his duties
yesterday.
Mr. Virta came forward and noted that he is glad to be affiliated
with Collier County and anxious to "get underway".
Chairman Wenzel welcomed Mr. Vlrta on behalf of the Board of
County Commissioners.
MINUTES OF FEBRUARY 19, 1980 - APPROVED
Commissioner Archer moved, seconded by Commissioner Pistor and
carried unanimously, that the minutes of February 19, 1980, be approved
as presented.
STANLEY HOLE, REPRESENTING THE S.F.W.M.D. EXPRESSED THANKS TO THE BCC
FOR BOARD ACTION REGARDING THE ADOPTION OF RESOLUTION NO. 80-8; THE
ACCEPTANCE OF THE DISTRICT'S WATER PLAN PRESENTATION. AND THE ,CLOSE
RELATIONSHIP BETWEEN THE TWO ENTITIES
Chairman Wenzel welcomed Mr. Stanley Hole, representing the South
Florida Water Management District, and Mr. Hole stated that he is here
tOday to express thanks on behalf of the District for the recent actions
the Board has taken regarding various water management related matters.
He said the first of which is the adoption of Resolution No. 80-8 regard-
ing the County's objection to the inclusion in the Biscayne Aquifer's
designation as a contributor to subject aquifer. He noted that this has
been amended by the EPA and at this point in time, to include only a
small portion of Collier County lying in the north-westerly part of the
County. He stated that it is his feeling and that of the District that
~esolution No. 80-8 hds been fruitful in relieving the major part of
the County from another layer of scrutiny on the part of the DER.o thus,
eliminating the need for more review and discretion for Federally funded
programs in the future.
The second topic that Mr. Hole covered was the Board's acceptance and
approval of the S.F.W.M.D.'s Water Use Plan for South West Florida. He
thanked the Board for allowing the District to use the Board chambers as
a forum for presentations regarding the subject Plan.
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March 11, 1980
Mr. Hole concluded his presentation by thanking the Board, through
the efforts of the staff, for the good working relationship between the
County and the District and he stated that the District is grateful for
all the cooperation on the part of the Commissioners toward this end.
Chairman Wenzel accepted the expressions of thanks on behalf of
the Board of County Commissioners and extended their thanks for Mr.
Hole's presentation.
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PETITION CP-79-10-C, CHARLES KELLER, REQUESTlr:G A COMPREHENSIVE PLAN
AMENDMENT FOR PROPERTY LOCATED ON THE WEST SIDE OF SHADOWLAWN ,DRIVE
AT THE END OF CONNECTICUT AVENUE (PLANNING) - CONTINUED TO APRIL 8, 1980
Legal notice having been published in the Naples Daily News on
February 24, and March 5, 1980 as evidenced by Affidavit of Publication
filed with the Clerk, public hearing was opened to consider a proposed
Ordinance re Petition CP-79-10=C, requested by Charles Keller, for a
Comvrehensive Plan Amendment from 0-6.22 residential land use to 6.22-
30 residential land use for property located on lot 30, Naples Grove and
Truck Company's Little Farms, on the west side of Shadowlawn Drive at
the end of Connecticut Avenue.
Planner Lee Layne explained that the subject petition is for a Com-
prehensive Plan Amendment that would allow Mr. Keller to construct a
Planned Unit Development for rental units with a density of 20 units per
acre, thus the request for an increase in the residential land use category
from 0-6.22 to 6.22-30 units her acre. She pointej out the location of
the subject proposed development on overhead maps and stated that since
the time of the original CAPC and CCPA reviews and public hearings there
have been'some additional revised plans submitted for the project. She
asked the Board if they preferred to hear the petition today, or if they
would want to forward the subject petition with the revisions to the
Planning Commission as they made their recommendations based on the
original plans with the traffic outlet onto Shadowlawn Drive only?
Commissioner Wimer stated that it was his opinion that if r~vised
plans have been submitted,~the standard procedure has been to send the
petition back to the respective agencies for another review based on the
latpst plans.
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March 11, IgaO
Commissioner Archer moved to have Petition CP-79-10-C and companion
Petition R-79-43-C sent back to the CAPC and the CCPA for their review
based on the latest submitted plans for the project. Motion seconded
by Commissioner Wimer.
Chairman Wenzel asked for comments from the registered speakers and
Mrs. Marguerete Peterson, representing her aging aunt who resides on
Shadowlawn Drive and cannot be present, explained that she and her
husband, Jerome, have traveled a great distance to present their objections
to the subject project and will not be able to attend a meeting of later
date than today. She requested the public hearing continue and the Board
hear the speakers registered today.
Mr. Eckert. representing the applicant, stated that he has no objection
to the motion on the floor.
Chainnan Wenzel noted that the registered speakers seem to want to
be heard today, as indicated by the County Manager who suggested they each
be given the opportunity to speak if they wish, or take the option of
reserving comment for a later time if the public hearing is to be continued.
He stated that today's date has been advertised as the date of the public
hearing and ,an unidentified gentleman from the audience voiced his objection
to not having the public hearing at this time. Chairman Wenzel explained that
any objections voiced today will be considered if the public hearing is
continued. Several members of the audience stated their Objection to
continuing the public hearing saying that they could not be present at a
subsequent meeting.
Commissioner Wimer stated that if anyone wishes to speak regarding the
subject petition, he is in favor of hearing their opinions; however. the
reason for the proposed continuance of the public hearing is to send the
petition through the whole process again due to the newly submitted plan
revisions.
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Hr. Richard Lansdale, Attorney for the petitioner, ,)sked if the people
voicing opposition are allowed to speak. then, are the representatives of
the petitioner also allowed to speak? Chairman Wenzel answered affinnatively.
He requested that anyone that cannot attend another public hearing on this
matter. to send their statement to the BCC and their statement will be read
at the time of the continued public hearing. Chairman Wenzel asked the
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March 11, 1980
members if they were agreeable to hearing the registered speakers and it
was the consensus of the Board to h'lar the speakers' remarks. It W&.
determined that April 8, 1980 would be the earliest time that the subject
petitions could be rescheduled and that March 20, 1980 would be the date
which the CAPC and CCPA would review same petitions.
Mr. Jerome Peterson spoke in opposition to the Petition, citing poor
drainage plans. heavy traffic, and potential hazards regarding the sewage
aspect of the project as his reasons. He clarified his opposition as
mainly directed against the outlet for traffic onto Shadowlawn Drive, in the
middle of the block, between Connecticut and Linwood Avenues. He explained
the many possiblp traffic problems he felt will occur and offered the
alternative of swinging same outlet to the North end of the development,
or, perhaps the County should install a light at the outlet.
Chairman Wenzel asked that Mr. Peterson put his objections in writing
and Planning Director Crew stated that he would guarantee that a copy of the
minutes of today's meeting will be furnished to the appropriate agencies
prior to the meeting date of March 20, 1980.
The subject of density was discussed and Chairman Wenzel noted his
displeasure with the "runaway growth" problems of today in Collier County.
There was some difference of opinion as to whether or not children would
be allowed in the subject project and Mr. Peterson stated that the Engineer
for the Petitioner told him there would be nohe while Planner Layne said
that the PUD allows for children.
Mr. Jerry Eckert, Engineer with Bruce Green & Associates and repre-
senting the petitioner, expounded on the plans that the petitioner has for
the subject project including the fact that the units are to be one-bedroom
and rented to adults only. He added that it is the intent of the petitioner
to tie into the existing force main on Linwood Avenue for sewage and if this
is not available initially, then, an on-site package treatment plant will be
provided. He explained that the projcct is intended as a "phase" type of
development with only approximately one building being built per year. over
the ~ext eight or nine years all of which will be single-story buildings
except the last one which will be two stories and will acccmnodate scxne 24
units. He further explained that the outlet that Mr. Peterson objected to
will service only the last projected building and the project is designed
in such a way so as to discourage the other tenants from using this outlet.
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March 11. 1980
There was some discussion as to the density projected for the subject
project and Planner Lee Layne stated that Sclme will be 20 units per acre.
During the discussion there was a question of what the major differences were
between the present plans and those originally submitted. Planner Lee
Layne said that the major difference is the. addition of the other entrance/
exit streets in the development designed to alleviate traffic on one street.
Planning Director Crew stated that CAPC's main objection to the proposed
project was with the number of streets in the original plans. Dr. Crew also
explained that the subject petition was proposed prior to the new low-entry
level Ordinance but that it is patterned somewhat similar to the regulations
in same.
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Regarding the redesigning of the one artery that leads onto Shadowlawn
Avenue from the proposed project, Mr. Eckert stated that he has no objection
to moving this to the northern part of the development if the Board wishes.
Mrs. Peterson spoke in opposition to the hearing being continued and
pointed out that she understood from earlier talks with Planner Lee Layne
that there would be no problems with holding the pUblic hearing and the
Board making their decision today. She requested the public hearing not be
continued, rather, that the Board consider the objections of the people
present and make a decision tOday. Ms. Layne explained that the BCC can
make their decision based on the new material submitted and that the CAPC
reviews the revised plans prior to the traffic Engineer reviewing any traffic
impact aspect of a PUD.
There was a lengthy discussion regarding the traffic impact after
which Commissioner Archer stated that he wants the public to be aware that the
BCC is fully aware of the drainage. septic tank, and traffic problems of the
subject area, and that BCC's final decision will be in the best
interest of the people that live in the respective area. He said that the
qu~st:~n that must be decided at this point in time is whether the
Board is going to try to "redesign" the development, or if the Board's going
to send it to the proper professionals on the staff for proper change? He
said that he is not at all sure the Board will approve a change in density
from 0-6.22 to one allowing 20 units per acre.
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March 11, 1980
The discussion included zoning violations that Mr. Peterson noted,
and Chairman Wenzel requested anyone kno~ing of any such zoning violations
bring them to the BCC's attention.
Commissioner Archer asked for clarification from Planner Layne as to
what the original recommendation was regarding the subject petition. Ms.
Layne stated that the staff recommendation is for approval. the CApe recom-
mendation is for denial; and the CCPA recommended denial based on the traffic
on Shadowlawn Drive. Chairman Wenzel stated that he "reads between the
lines" of all these recommendations that the traffic cannot be handled that
the increase in density will bring. Ms. Layne stated that the traffic
engineer made no objections when the plans were submitted and members of
the audience that claim to have been at the CCPA meeting regarding the
subject petition stated that the traffic engineer did object.
Mrs. Robert Swaine, resident of Connecticut Avenue stated that the
traffic engineer said there are some 6,400 cars on Shadowlawn Drive each
day at the present time. She also voiced her objection to the entire
concept of the project, and opposed any low-illcome housin.g in the area.
Cleone Murry, resident of Connecticut Avenue, spoke in opposition to
the Petition and noted that she is unaware of any exit to Kirkwood through
the warehouses that are presently standing between the proposed project and
Kirkwood Avenue and noted that the Engineer for the project has said traffic
~ould be diverted to said street through the newest design regarding streets
in the project that lead out to existing arteries. Ms. Murry stated that
she and her neighbors object to the projected traffic density.
Mrs. Amy Marcham, reserved her comments and requested that she and
her neighbors be duly notified as to the time and date of the next public
hearing.
Planning Director Crew invited all interested parties to come to the
CCPA meeting of March 20, 1980 at 8:30 A.M. and Chairman Wenzel suggested
thot if they cannot attend, they should send their statements in writing,
to staff, fo; consideratio~ at subject meeting.
Hattie Keffer, resident on Connecticut Avenue, objected to the traffic
increase that will be present if the SUbject development is allowed.
Cathy Cooksley, resident on Linwood Avenue stated that she is aware of
other such projects that the petitioner has built and is not pleased with
them, therefore, she is against the project. She explained that the value
BO~K 052 PACE 71
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BOOK OS! :rAtE 7B
March 11, 1980
of properties in the area will drop if the developer is allowed to build
low-cost housing. She also said she ~~ concerned with traffic and density.
The Chairman called for the question on the floor. The motion to
refer the petition back to the appropriate aaencies carried by 4/1 vote,
Chairman Wenzel votin9 in opposition.
Commissioner Archer moved, seconded by Commissioner and carried
unanimously, that the public hearing regarding Petition CP-79-10-C, be continue
until April 8, 1980.
PETITION R-79-43-C, CHI',RLES KELLER, REQUESTING REZONING FROM "RM-2"
MULTI-FAMILY TO "PUD" PLANNED UNIT DEVELOPMENT ON THE WEST SIDE OF
SHADOWLAWN DRIVE AT THF. END OF CONNECTICUT AVENUE (PLANNING) - PUBLIC
HEARING CONTINUED TO APRIL 8, 1980
Le9al notice having been published in the Naples Daily News on
February 8, 19BO, as evidenced by Affidavit of Publication on file
with the Clerk, public hearing was opened to consider Petition R-79-43-C,
Charles Keller, requesting a rezoning from "RM_2" to "PUD" on lot 30,
Naples Grove & Truck Company's Little Farms located on the west side of
Shadowlawn Drive at the end of Connecticut Avenue.
Pursuant to discussion and Board action regarding subject companion
Petition CP:79-10-C, Commissioner Archer moved, seconded by Commissioner
Pistor and carried unanimously, that the public hearing regarding Petition
R-79-43-C be continued until April B, 19BO.
ORDINANCE NO. 80-27 RE PETITION CP-79-15-C, ART DAVIS, FOR A COMPREHENSIVE
PLAN AMENDMENT ON PART OF LOT 115, LOCATED ON THE WEST SIDE OF KELLY ROAD _
ADOPTED - PETITIONER'S AGREEMENT TO STIPULATIONS ACCEPTED
Legal notice having been published in the Naples Daily News on
February 24, and March 5, 1980 as evidenced by Affidavit of Publication
filed with the Clerk, public hearing was opened to consider an Ordinance
re Petition CP-79-15-C by Art Davis in which he is requesting a Comprehensive
Plan Amendment from 0-6.22 to 6.22-30 residential land use on part of lot
115, Naples Grove & Truck Company's Little Farms and part of the NW ~ of
Section 13, T50S, R25E, located on the west side of Kelly Road, 1/2 block
south of Areca Avenue.
Planning Director Danny Crew pointed out the exact location of the
proposed project on an overhead map and stated that Mr. Davis' petition is
the first one the County is revieWing that falls under the regulations and
guidelines of the new low entry-level Ordinance adopted by the Board to
encourage lower income housing in the County. He stated that the staff feels
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March 11, 1980
that the proposed site as well as the preliminary site plan that has been
submitted is very appropriate for I:i'is type of housing. Dr. Crew reported
that staff highly recommends the approval of Petition CP-79-15-C as does the
CAPC.
There was a brief discussion regarding the private sector being willing
to enter the low-income housing market. the work of the Board and staff
towards this end; and the need for said type of housing in the County.
Dr. Crew reported that Mr. Davis has met all of the stipulations that
the Planning Deparbnent has requested of him including allowing children in
the complex. leases available; and reasonable proposed rental costs.
Planner Lee Layne further explained the proximity of the proposed projec
to the Board and explained that the development will be bordered by Areca and
Barrett Avenue. She explained that a comprehensive plan amendment is necessa
for the petitioner because the property in question presently is designated
in the 0-6.22 units per acre classification and in order to qualify for the
entry-level housing, the property must be classified in the 6.22-30 units
per acre designation.
Mr. Tom Peek, of Wilson, Miller, Barton, Soll & Peek representing the
Petitioner, stated that his firm prepared the Zoning application and the
exhibits and are present to answer any questions the Board may have. He
said that the petitioner, Arthur Davis, is in the audience, and is available
for any questions also. Mr. Peek explained the proposed development
including the fact that it would encompass some 11-~ acres on Kelly Road.
He said the water service is planned to connect with that on Kelly Road and
there will be an on-site package treatment plant for sewage; the storm water
management system will be developed to meet the County regulations and that
of the SFWMD and plans for same will be submitted for approval prior to
construction. Mr. Peek said that the traffic impact has been considered,
and that Kelly Road is scheduled for four-laning before 1985 in the County
Master Plan, and the traffic engineer has agreed that the current loadings
of the projected traffio Cdn sufficiently be handled by Kelly Road, with its
stipulation that the developer provide a left-turn storage lane to the entranc
of the project. He said the petitioner has agreed to do so. He further
stated that all stipulations contained in the staff report and from the CAPe
have been agreed to by the petitioner.
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March 11. 1980
There was a brief discussion regarding the petitioner's experience
with this type of development as ~Iell "s the fact that this project has
been modeled to the regulatfons of the entry-level housfng Ordfnance adopted
by the County. Also discussed was the legal alternatives to keeping these
type of developments from becomfng condominiums, and Ms. Layne stated that
the PUD documents that this project will fall under limits this project to
strictly multi-family rental dwellings. She said that in the event that the
change to condominium status would be desired, the developer would have to
come before the Board for an amendment to the PUD document. Dr. Crew expounaed
on the matter and stated that the PUD document in effect, "stops this from
happening, in perpetuity" and that any attempt to do so without receiving
an amendment to the PUD from the Board would be a violation of the Zoning
Ordinance.
Mr. and Mrs. Morgan, owners of an apartment complex adjacent to the
proposed development. spoke in opposition to the petition based on the
premise of the square feet allowed for each unit as being too small for
families with children. This proposed several questions that were answered
by Mr. Peek regarding size of units, number of units, and the possibility
of co-hab1t~tion of more than one family per unit. It was explained by
Mr. Peek that there wfll be an on-sfte supervisor to see that this does not
happen. The location of the treatment plant in relation to the Morgan's
property and the buffer between the two properties were covered and Mr. Peek
assured the Morgans that same would be handled properly and that there would be
adequate open space between the two. Another topic brought forth by the
Morgans was parking, and they expressed their feeling that 1-~ parking spaces
per unit is not adequate. Mr. Peek explained that although this met the
requirements of the Zoning regulation, in the event that it is deemed necessary
to add more parking, same shall be done. as there is ample land space available.
Chairman Wenzel stated that he also feels that the 1-~ spaces for parking
15 inad~quate and that he has instructed staff to look into the matter. Dr.
Crew reported that Mr. Virta will be making a study of this aspect of the
regulations.
Dr. Crew explained the necessity of having similar projects in the
County as the one in question today, pOinting out that at this point in time,
there is only one major rental complex within the entire County, and that the
entry-level Ordinance was specifically adopted to encourage more competition
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in rental costs in this County. He stated that the density requirements were
thought through at length at the time of developing said Ordinance, and he
feels they are reasonable. Gild lead to financially feasible construction of
projects that can allow for lower rents. however, he will not hesitate to
come back to the Board to ask for a repeal of the Ordinance if the purposes
behind the entry-level Ordinance are eluded.
Hearing that there were no further persons registered to speak, Com-
missioner Archer moved, seconded by Commissioner Pistor and carried
unanimously, th~t the public hearfng be closed.
Commissioner Wimer moved, seconded by Commissioner Brown and carried
4/1, with Chairman Wenzel opposed, that the Ordinance as numbered and
entitled below be adopted and entered into Ordinance Book No. 11, and that
the petitioner's agreement to staff stipulations be accepted.
ORDINANCE 80 - 27
AN ORDINANCE AMENDING ORDINANCE 79-32, THE
COMPREHENSIVE PLAN FOR COLLIER COUNTY,
FLORIDA, BY AMENDING THE LAND USE ELEMENT
WORK STUDY AREA MAP '3 FROM RESIDENTIAL
0-6.22 TO RESIDENTIAL 6.22-30 ON THE FOLLOW-
ING DESCRIBED PROPERTY: LOT 115 NAPLES
GROVE AND TRUCK COMPANY'S LITTLE FARMS
NO.2 LOCATED IN SECTIONS 13 , 14, TSOS,
R25E AND BY PROVIDING AN EFFECTIVE DATE
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ORDINANCE NO. 80-28 RE PETITION R-79-41-C, ART DAVIS, FOR A REZONING FROM
"GRC", "RM--l" AND "RM--IA" TO "PUD" FOR MODERATE INCOME HOUSING ON PART OF
LOT 115, LOCATED ON THE WEST SInE OF KELLY ROAD - ADOPTED - PETITIONER'S
AGREEMENT TO STIPULATIONS AC~EPi,D
Legal notice having been published in the Naples Daily News on
February 8, 19BO, as evidenced by Affidavit of Publication ffled with th~
Clerk, public hearfng was opened to consider an Ordinance re Petition
R-79-41-C, by Art Davis who is requesting a rezoning from "GRC", "RM-1"
and "RM--IA" to "PUD" for moderate income housfng on part of lot U5.
Naples Grove & Truck Company's Little Farms and part of the N.W. ~ of
Section 13, T50S, R25E, located on the west side of Kelly Road, ~ block
south of Areca Avenue.
Commissioner Archer moved to close the publfc hearing on Petition
R-79-41-C, as there were no persons registered to speak. Commissioner
Pistor seconded the motion, which carried unanimously 5/0.
Commissioner Archer noted that the subject petition is a companion to
the one prevfously approved and therefore he moved that the Ordinance as
numbered and entitled below be adopted and entered into Ordinance Book No. 11,
and, that the petitioner's agreement to stfpulations be accepted.
The motion was seconded by Commissioner Pistor and carried 4/1,
Chairman Wenzel opposed.
ORDINANCE BO - ~
AN ORDINANCE AMENDING ORDINANCE 76-30,
THE COMPREHENSIVE ZONING REGULATIONS
FOR THE UNINCORPORATED AREA OF THE
COASTAL AREA PLANNING DISTRICT BY AMENDING
ZONING ATLAS MAP NUMBER 50-25-6 BY CHANGING
THE ZONING FROM RM-l, MULTI FAMILY; GRC,
GENERAL RETAIL COMMERCIAL AND RM-lA MULTI
FAMILY TO PUD, PLANNED UNIT DEVELOPMENT
ON THE FOLLOWING DESCRIBED PROPERTY:
LOT 115 OF NAPLES GROVE & TRUCX COMPANY'S
LITTLE FARMS LOCATED IN SECTION 14, TOWN-
SHIP. 50 SOUTH,RANGE 25 EAST AND BY PRO-
VIDING AN EFFECTIVE DATE
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RECESS: 10:15 A.M. - 10:23 A.M.
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PETITION NZ-79-13-C, COUNTY PLANNING DEPARTMENT REQUESTING AMENDMENTS TO
THE ZONING ORDINANCE TO ALLOW FOR PRIVATE BOATHOUSES AND DOCKS INCLUDING
MOORING PILINGS BY ADDING A NEW SECTION 30 AND AMENDING SECTIONS 21, 22,
23. 25, 27, 28, 29, 32. AND 38 ACCORDINGLY - CONTINUED UNTIL JUNE 3, 1980
Legal notice having been published in the Naples Daily News on
January 17, and February 1, 1980 as evidenced by Affidavit of Publication
previously filed with the Clerk on February 5, 19BO, public hearing was
further continued to June 3, 1980 by a motion by Commissioner Archer,
seconded by Commissioner Pistor and carried unanimously 5/0.
RESOLUTION NO. 80-55 VACATING A 60 FT. ROADWAY KNOWN AS JACKSON AVENUE
MARCO ISLAND - ADOPTED PURSUANT TO MODIFICATION TO THE LEGAL DESCRIPTION
THEREOF
Legal notice having been published in the Naples Daily News on
February 25, 1980 and The Marco Island Eagle on February 28, 1980, as
evidenced by Affidavits of Publication filed with the Clerk, public
hearing was opened to consider the vacation of a 60 ft. roadway located
at Lots 1 through 14, inclusive, Block 19; Lots 42 through 49, inclusive,
Block 18; Parcel 27, described as the south 600 feet of a tract designated
as Meluske Property. all located in amended Plat of Collier City, according
to the plat thereof as recorded in Plat Book 1, Page 58 of the Public
Records of Collier County, Florida.
County Engineer Barksdale stated that the requested vacation for
the 60 ft. roadway commonly known as Jackson Avenue has been reviewed and
that staff has no objections to the vacation; letters of "No objection"
have been received from all of the utility companies; and that it will not
affect the drainage in the area. He said that staff recommends approval of
the requested vacation; however, during the advertising period, staff was
contacted by the owner who wished to adjust the line slightly, thus, the
roadway will join at the line between Lot 10 and 11, as more fully defined
within the Executive Summary. He said that he has visited the site, and a
survey of the property indicates that the adjustment will make the line go
slightly to the south, extending some 24 feet into Lot 11. He explained that
the adjustment will allow for a continuation of Lee Avenue. and there is
no conflict with utilities. He recommended that the Board approve this
vacation with the aforementioned modification in the legal description.
BOOK ~ PACE 8S
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March 11, 1980
Hearing no questions from the Board nor from any registered speakers,
Commissioner Arch,r r.~ved to close the public hearing. Commissioner Pistor
seconded the motion and it carried unanimously 5/0.
Commissioner Archer moved, seconded by Commissioner Pistor and
carried unanimously 5/0, that Resolution No. 80-55 vacating a 60 foot
roadway known as Jackson Avenue, Marco Island, be adopted after the
modification to the legal description as set forth by the County Engineer
above is incorporated therein.
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RESOLUTION NO. 80-57 RE PETITION V-80-2-C, GRANTING A REAR YARD SETBACK
VARIANCE ON LOTS 35, 36, AND 37, BLOCK IB, COLLIER CITY, AS REQUESTED BY
WILLIAM L. SLOCI;;.I ~f>lD WILLIAM P. HILT - ADOPTED
Legal notice having been published in the Naples Daily News on
February 24, 1980 and in the Marco Island Eagle on February 28, 1980.
as evidenced by Affidavits of publication filed with the Clerk, public
hearing was opened to consider the request by William L. Slocum and
William P. Hilt for a rear yard setback variance on Lots 35, 36, and
37, Block 18, Collier City, re Petition V-80-2-C.
Zoning Director Jeffory Perry presented the petition and located the
property in question as slightly north of Jackson Avenue, on Lee Avenue,
which is a continuation of Bald Eagle Drive in Collier City. He explained
the reason that the 20 ft. variance is being requested is that the lots are
narrow, and only 122 ft. deep. He said that the property is made up of
three lots, each of them being 25 ft. wide, thus, total dimensions of the
property in question are 75 ft. X 122 ft. and he further pointed out that
there was a 7-~ ft. alleyway behind the property that was recently vacated,
therefore, there is no access to the back portion of the.property and the
petitioners wish to move the proposed buildings back to allow the entire
front of the property for parking. Mr. Perry stated that it is staff's
recommendation to approve the requested variance and allow a reduction of
20 feet in the rear yard setback of the subject property.
Mr. Slocum, the petitioner, stated that he has some exhibits that may
clarify any questions that the Board has, however, there were no questions
brought forth.
Hearing that there were no registered speakers other than the petitioner,
Commissioner Archer moved, seconded by Commissioner Pistor and carried
unanimously 5/0, that the public hearing be closed.
Commissioner Pistor moved, seconded by Commissioner Archer and
carried unanimously 5/0, that Resolution No. 80-57 granting a rear yard
variance on Lots 35, 36, and 37, Block 18, ColI ier City, be adopted.
BOO~ 052 PAGE 89
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March 11. 1980
CHAIRMAN AUTHORIZED TO SIGN REVISED CITY/COUNTY WATER AGREEMENT OF ID/77
WHICH IS TO BE PRESENTED TO NAPLES CITY COUNCIL FOR APPROVAL
Utility Director Irving Berzon presented a recommendation to approve
certain revisions in the City/County Water Agreement of October 1977 as
a measure of safety to protect the County in the event that any delays are
incurred regarding the construction of water treatment facilties and
insuring the County of adequate water allocation for maximum daily require-
ments during the period specified within said agreement.
Mr. Berzon noted that although he does not anticipate running behind
the ol'iginal schedule, some factors are near or slightly behind schedule
at least to the point that he feels these requested revisions in the agreement
are prudent. He covered the following revisions as the only things that
will be changed in the Agreement and requested that the Chairman be authorized
to sign same revised agreement and forward it to the City of Naples for
their approval:
1. Paragraph 7 shall read "by July 1, 1982" (extending said date
6 months).
2. Paragraph 8 shall read "by July I, 1981" (extending said date
6 months).
3. Pilragraph 8 shall read "limited to 2.75 mgd, etc." (Adding
.25 mgd's).
Mr. Berzon requested the Board to approve the above changes acting as
the "Ex-Officio Governors of the County Water-Sewer District". He added
that he and Chairman Wenzel have held informal meetings with the Mayor and
Manager of the City of Naples, and they seem to be receptive to the revisions.
Commissioner Wimer stated that he is against any more delays in this
program, citing delays as costly in so far as construction costs are
escalating so rapidly. Commissioner Brown conveyed his disagreement with
the proposal, but said he would vote for it because he sees no alternative.
He asked Mr. Berzon if all the Engineers for the project are in unison
regarding the need for these extensi~ns of time? Mr. Berzon answered
affirmatively.
Ted Smallwood, consultant for CH2M Hill, explained the problems that
have led to the delays to date and recommended approval of the revisions
of the Agreement.
After a discussion regarding the many delays of the project thus
far, Fiscal Officer Harold Hall asked Mr. Berzon for some indication as
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to how these delays wf11 affect the "cash-flow" in the future and how this
might affect the amount of money due the General Fund, from the operations
of the County Water District? He explained that at this pOint in time
more is being spent than is being taken in.
Mr. Berzon answered that the County Water Dfstrict should be self-
sufficient by the time the proje~t is completed, possibly sooner.
Commissioner Archer moved to approve Amendment No. 1 to the Agreement
of October 1977, seconded by Commissioner Pistor and the motion
carried 4/1, Commissioner Wimer opposed.
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BOOK 052. PACE 113
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March 11, 1980
PETITION CP-79-13-C, ANTHONY MINCOLLA, REQUESTING A COMPREHENSIVE LAND
USE AMENDMENT FROM RESIDENTIAL TO COMMERCIAL ON PROPERTY IN SEC. 34, T49S,
R25E LOCATED ON THE EAST SIDE OF GOODLETTE ROAD, SOUTH OF GOODLETTE ARMS
APARTMENTS - ADVERTISING AUTHORIZED FOR PUBLIC HEARING APRIL 22, 1980
Coll11lissioner Archer moved, seconded by Commissioner Pistor and carried
unanimously 5/0, that Petition CP-79-13-C filed by Anthony Mincolla,
requesting a comprehensive land use amendment from residential to commercial
~ ,
on property in Sec. 34, T49S, R25E, located on the east side of Goodlette Road,
south of Goodlette Arms Apartments and north of Renfroe Landscaping, be
authorized for advertising for public hearing April 22, 1980.
PETITION R-79-45-C, ANTHONY MINCOLLA, REQUESTING REZONING FROM "RM-2"
"RM-l" AND "A-ST" TO "PUD" IN SEC. 34. T49S, R25E LOCATED ON THE EAST
SIDE OF GOODLETTE ROAD, SOUTH OF GOODLETTE ARMS APTS. - ADVERTISING
AUTHORIZED FOR PUBLIC HEARING APRIL 22, 1980
Commissioner Archer moved, seconded by Commissioner Pistor and
carried unanimously 5/0, that Petition R-79-45-C filed by Anthony Mincolla,
requesting rezoning from "RM-2" multi-family, "RM-l" multi-family and
"A-ST" agricultural special treatment to "PUD" planned unit development
in Sec. 34, T49S, R25E located on the east side of Goodlette Good, south
of Goodlette Arms Apartments and north of Renfroe Landscaping, be authorized
for advertising for public hearing April 22, 1980.
PETITION R-80-5-C, LELY ESTATES, INC. REQUESTING REZONING FROM "PUD" TO
"PUD/ST" IN LELY BAREFOOT BEACH LOCATED IN SECTIONS 6 & B, T40S, R25E _
ADVERTISING AUTHORIZEO FOR PUBLrC HEARING APRIL 22, 1980
Commissioner Archer moved, seconded by Commissioner Pistor and
carried unanimously 5/0, that Petition R-80-5-C filed by Lely Estates, Inc.
requesting rezoning from "PUD" to "PUD/ST" in Lely Barefoot Beach located
in Sections 6 & 8, T40S, R25E, be authorized for advertising for public
hearing April 22, 1980.
PETITION IZ-80-1-I, IMMOKALEE AREA PLANNING COMMISSION, REQUESTING A BUFFER
FOR COMMERCIAL AND INDUSTRIAL ZONED PROPERTY ADJACENT TO RESIDENTIAL ZONED
PROPERTIES - ADVERTISING AUTHORIZED FOR PUBLIC HEARING APRIL 1, 1980
Commissioner Archer moved, seconded by Commissioner Pistor and carried
unanimously 5/0, that Petition IZ-80-1-1 filed by the Immokalee Area
Planning Commission requesting a buffer for commercial and industrial
zoned property adjacent to residential zoned properties, be authorized for
advertising for public heal'ing April I, 1980.
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PETITION TO VACATE UTILITY EASEMENTS LOCATED IN COCONUT CREEK, UNIT NO. 1 -
ADVERTISING AUTHORIZED FOR PUBLIC HEARING APRIL 1, 1980
Commissioner Archer moved, seconded by Commissioner Pistor And carried
unanimously 5/0, that the petition to vacate utility easements located in
Coconut Creek, Unit No.1, be authorized for advertising for public hearing
April 1, 1980.
DISCUSSION RE REQUESTED RATE INCREASE FOR WASTE MANAGEMENT, INC. - EXPENDITURE
OF $6,325 FOR ASSOCIATED UTILITY SERVICES, INC., RE RATE CONSULTATION APPROVED -
PUBLIC HEARING SCHEDULED FOR 4/1/80 RE PATE INCREASE AND ADVERTISING AUTHORIZED
County Manager Norman reported that representatives of Waste Managemer.t
Inc. are present to petition for an increase in rates for services. He
stated that prior to this, he would like to fill the Board in on what has taken
place regarding said firm.
Mr. Norman explained that the franchise for Yahl Bros. Disposal. d/b/a
Waste Management Inc., was approved in June of 1979, with the exceptions of
the sections pertaining to the precise procedure to be followed in their
petitioning for and receiving review and approval for a rate increase. He
said that that procedure had to do with an accounting anq auditing fiscal
processes, under which a petition for a rate change would be reviewed. Mr.
Norman said that the reason for that was that the staff and the County con-
sultant felt that because there was some difference with the franchisee as
to the particular wording, that it would be best to agree on the particular
wording when the County had the opportunity to experience the review the
County had in mind. He stressed that there was no difference of opinion
regarding the basic prinCiples of the process, but there was some disagree-
ment regarding the "wording" of same. Mr. Norman said that the County had
anticipated at that time to receive a petition for a rate increase within a
matter of 30 to 60 days from the time the franchise was approved, however.
one was not forthcoming until this time. Mr. Norman said that staff and
representatives of WMI met on February 15, 1980, and at that time WMI indicated
that they would petition for a rate increase; same petition was received on
February 25. 19BO. and WMI"requested that this matter be placed before the
Board on the earliest date possible. Mr. Norman also said that the repre-
sentatives from WMI will be requesting a public hearing on the earliest
possible date which will be April 1, 1980.
BOOK 052 PACE 97
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Mr. Norman suggested that if the Board agrees to that date. the Board
authorize at least a quarter-page display advertisement in both of the local
newspapers. as well as the legal advertisements necessary, to insure the
public is properly informed on the matter.
Mr. Norman also recommended that the Board approve the expenditure of
$6.325 for Associated Utility Services, Inc. for providing the County with a
.. .
rate consultation regarding the proposed increase of Waste Management. Inc.
He explained that this fee would cover nine days labor, travel for two trips
to Naples. and field investigation.
Mr. Norman also requested that the appropriated monies should be
reflected in an appropriate budget amendment and show the cost to be
borne from the revenue of the WMI Solid Waste Franchise fee.
Mr. Norman said that the subject consulting firm has assisted the
County thus far with the development of the franchise agreement with WMI
and he feels they will be beneficial in aiding the members of the Board
towards making a decision that will protect the customers of WMI. Hr.
Norman pointed out that this expense was anticipated and the franchise fee
will cover the expense, thus, there will be no increase in expenditures from
the County's general fund.
, Commissioner Pistor asked how much of a rate increase is requ~sted7
Mr. Norman gave the following figures as percentages of rate increases:
a. a4~ increase for twice/week "at the door"
collection. ($4.40 to $8.10) per mo.
b. 91% increase for twice/week "at the curb"
collection ($3.40 to $6.50) per mo.
c. 116% increase for once/week "at the door"
collection ($3.40 to $7.35) per mo.
Mr. Ed Bacom, Controller, Yahl Brothers, spoke as the preparer of the
petition package. He concurred with Mr. Norman's statements and added that
delays have been experienced in be'ng able to prepare a proper report; the
"79" data was inappropriate to use because it would have reflected costs
greater than he knows to be fair; i~stead, the 1980 budget projections for
equipment and personnel, etc. were made to determine what it will take to
service Naples. He referred to said report and noted that same has beeQ
submitted to the ace. He covered the fact that within the report, there
is a detailed outline of projected programs that Yahl Brothers intend to
get into in 1980; the relationship to the parent company. and other
pertinent information.
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There was some discussion of the amount of increase being requested
during which Mr. Bacorn explained that there has been no increase in rates
in approximately five years, and inflation has taken its toll within the
company operations. During the discussion of rates, Commissioner Archer
asked Mr. Bacom how long his firm has had the franchise and Mr. Bacorn
stated just a little less than a year and a half.
Mr. Bacom requested a public hearing on April 1. 1980. Commissioner
Archer stated that he did not feel that would allow for adequate time for
all the backup material to be furnished to the members of the Board for
their consideration. There was a brief discussion regarding the date for
a public hearing and Mr. Bacorn stated that his firm is losing some $10.000
per month under the present rates and stressed the need for a public hearing
at the earliest possible date. It was the consensus of the Board that.
taking all things into consideration April 1, would be the earliest date
possible to schedule a public hearing, and Commissioner Archer stated
that if he has not received all the needed data within a reasonable time
prior to the April 1 date., he would ask for a postponement as he would
not make any snap decisions and he wants the time to study the matter
carefully.
Chairman Wenzel asked if anyone was registered to speak and Mike
Zewa1k, resident of North Naples. spoke in opposition to the procedure
of billing by WMI. he suggested coupon books for monthly payment. and
he noted that he feels the rate increase is excessive. He also stated
that the County is not dealing with the original franchise holder and
perhaps other interested parties should be invited to bid on the service
to allow for cheaper rates. Mr. Norman explained that the County has
approved a 7 year franchise and that "bidding" 15 not feasible at this time.
There was some discussion regarding the need for another "study"
and Chairman Wenzel stated that he is opP05ed to same as suggested by
Mr. Norman. At this time Mr. Norman explained that he is recommending an
independent financial analysis of WMIts books and a consultation regarding
the need for same'frorn the firm he mentioned and not a "study" and Com-
missioner Brown moved, seconded by Commissioner Wimer and carried 4/1. that the
pUblic hearing be held April 1. 1980 for consideration of WHIts request;
that the advertising re same public hearing be authorized in the manner which
BO~K 052 PACE 99
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March 11, 1980
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Mr. Nonman has recommended; that the expenditure of $6,325 be approved for
services of Associated Utility Services, Inc., ,and same expeflditure be
reflected in an appropriate budget amendment that shows the funds for same
are borne from the revenue of the franchise fee from WMt. Chairman Wenzel
cast the dissenting vote.
Mr. Bacom stated that he wishes the Board to be aware that when the
financial review is conducted by the consultant, he will find a difference
between actual expenditures of WMI's last years' records and the projected
costs for 1980, as this is not an actual "ongoing" operation at this point
in time.
CONTRACTS RE TAP ENERGY CONSERVATION PROGRAM AWARDED TO CLARENCE R. JONES,
CONSULTANT, LTD. ($3,125) AND ROBERT F. PAP, AUTOMATED CONCEPTS ASSOC.
($3,125)
Administrative Assistant to the County Manager Gene Willett presented
a recommendation for the approval of two contracts re the Technical Assist-
ance Program regarding the County's Energy Conservation Program. He
recalled that on January 4, 1980 the Board approved the application to the
Department of Energy for technical assistance in developing a County HVAC
system throughout the complex.
Mr. Willett stated that the Department of Energy has approved the
County's TAP funding, which will be matched by County funds. The appl~ximate
amount approved was $7,200, and Mr. Willett asked for approval for the
awarding of two contracts for $3,125 each. one to Clarence R. Jones, Con-
sultant Ltd.. and the other to Robert F. Pap, Automated Concepts Assoc.
He stated that the actual work that is to be completed by the two consultants
is defined within the Executive Summary.
Chairman Wenzel asked for clarification as to what the intent of the
contracts are and County Manager Norman explained that the actual Engineering
aspects of the program will be handled through the respective con~ractors.
Mr. Willett added that there is some additional infonmation that is required
from the Federal Government regarding DOE funding and this will also be
furnished.
Commissioner Wimer asked where the $6,250 will come from for the funding
of .the two contracts, and "'1.. Willett said that approximately 1/2 will ClXIle
from the DOE. the remaining funds will come from the County and have been
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appropriated. He stated that the exact split is difficult to define at this
point in time as the County will be able to provide a part of the funding
through "in kind" matching funds after the County has received the finel
invoice from the Engineering firm. Hr. Norman stated that the maximum local
cost will be 1/2. Chairman Wenzel asked how the "overall costs" of the
entire program will be financed? Mr. Willett said the ECM portion is the
actual installation of units etc. and the Federal Government has indicated
that same funding will be extended to local governments and Collier County
is in line as one of the first Counties to receive these funds. He said
he is in anticipation of receiVing at least 50% of the funds from the Federal
government.
Commissioner Archer moved, seconded by Commissioner Pistor and carried
unanimously 5/0, that staff's recommendations be accepted and the two con-
tracts be authorized as requested by Mr. Willett.
*Contracts not prepared at this time.
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052. FACE 102
March 11. 1980
WORD PROCESSING DEPARTMENT TO CHARGE FLAT FEE OF 5 CENTS PER ORIGINAL
LINE & 3 CENTS PER DUPLICATED LINE - APPROVED
Administrative Assistant to the County Manager Gene Willett presented
a recommendation that a flat fee be charged respective users of the Word
Processing Department as follows:
a. Five cents per original lin~.'
b. Three cents per duplicated line.
He explained that this form of making charges will establish a more
equitable system for funding the Word Processing Department. Mr. Willett
said that the subject department is funded through an inter-governmental
service fund that acts in effect as an enterprise fund; charges made to
departments utilizing the department are credited back to the fund to
provide revenue for the department operations; and, this is a highly
recommended method of financing and budgeting internal governmental services.
Mr. Willett stated that the current method of determining charges has been
to prorate the Word Processing Department's costs for the month among the
using departments. He stated that if fixed rates, per line are established.
the problems of varying costs from month to month for each department and
difficulties in planning for same charges on the part of respective depart-
ments as well as the problem of balancing the revenue and eY~,!nditures of
the Work Processing Department and the unavailability of data to ~djust
employment requirements and equipment will be eliminated. He said that
staff recommends the aforementioned flat fees and noted that they are in
accordance with data established by IBM, and will aid in the Word Processing
Department maintaining the production level that is necessary to maintain IBM
standards for productivity, and will enable the subject department to
produce the revenue needed to remain at the optimum level of serviceability.
Commissioner Pistor moved, seconded by Commissioner Wimer and carried
unanimously 5/0. that the recommended flat fees of 5 cents per original line
and 3 cents per duplicated line be e~tablished as the rates for the Word
Processing Department.
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10% INTERIM PAY ADJUSTMENT FOR PERIOD FROM NOVEMBER 1, 1979 THROUGH MARCH 9.
1980 FOR TEMPORARY ADDITIONAL DUTIES PERFORMED BY PLANNING DIRECTOR-
APPROVED
Commissioner Wimer moved, seconded by Commissioner Archer and
carried unanimously 5/0. that a 10% interim pay adjustment in the amount of
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$741.74 for the period from November 1. 1979 through March 9, 19BO be
approved for the additional duties performed by Planning Director Crew
in the absence of a Community Development Director. as recommended by
County Manager Norman.
RESOLUTION NO. 80-58 RE PETITION PU-79-33-C, CHRISTUS VICTOR LUTHERAN
CHURCH PROVIDING FOR A PROVISIONAL USE (3) FOR PROPERTY LOCATED IN THE
NW 1/4 OF SECTION 9, T48S, R25E - ADOPTED PURSUANT TO STAFF STIPULATIONS _
PETITIONER'S AGREEMENT TO STIPULATrONS ACCEPTED
Planner Lee Layne presented Petition PU-79-33-C. She reported that
the petition is from Christus Victor Lutheran Church, and is a request
for a Provisional Use (3) of the "A" agriculture district for a church
in part of Section 9, T48S, R25E.
Ms. Layne located the subject property on an overhead map and
noted that it is located approximately 1/3 mile south of the Lee
County Line on the east side of New US 41. She stated that the subject
petition' has been reviewed and recommended for approval with the following
stipulations;
1.
Final site drainage plans to be reviewed and approved
by the County Engineer prior to the issuance of a building
pennit. (WMAB)
Public water required. (Health)
6" fire well required. (NNFD)
Capacity is limited to 216; any expansion f~ SUbject to
site plan approval. (Planning)
Buffering is required along driveway and parking area
at west end of property and north end of property. (Planning)
All signs must be approved by the Zoning Director
2.
3.
4.
5.
6.
Mr. Robert E. Forsythe, Architect, representing the Christus
Victor Lutheran Church was present to answer any questions.
Commissioner Archer moved, seconded by Commissioner Pistor and
carried unanimously 5/0, that Resolution No. 80-58 providing for a
Provisional Use (3) for property located in Section 9, T48S, R25E. as
requested in Petition PU-79-33-C, Christus Victor Lutheran Church be
adopted pursuant to staff stipulations; and, that the petitioner's agree-
ment to stipulations be accepted.
BD:JK 052 :PAl:t 103
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RESOLUTION NO. 80-59 RE PETITION PU-79-24-C. EXXON CORPORATION PROVIDING
FOR A PROVISIONAL USE (1) FOR AN EXPLORATORY WELL IN SECTION 2. T52S.
R34E - ADOPTED PURSUANT TO STIPULATIONS - PETITIONER'S AGREEMENT TO
STIPULATIONS ACCEPTED
Planner Lee Layne presented Petition PU-79-24-C, and explained that
same was submitted by Exxon Corporation, requesting a 'Provisional Use (1)
for property located in Section 2, T52S, R34E. for the purpose of installing
an exploratory well on the subject property.
Ms. Layne stated that the petition has been reviewed and is reco~nded
for approval SUbject to the staff recommendations as outlined in the
Executive summary, indicating that these are the routine stipulations for
all such wells within the County. She further noted that the Big Cypress
Swamp Advisory Committee has reviewed the petition and all stipulations are
concurred to by the various agencies and departments.
Commissioner Brown asked Ms. Layne how deep the well was to be and
she deferred to Mr. Harris, representing the Petitioner. Mr. Harris said
the well will be dug to 12,500 feet.
Commissioner Pistor moved, seconded by Commissioner Brown and carried
unanimously 5/0. that Resolution No. 80-59 re Petition PU-79-24-C. Exxon
Corporation. providing for a Provisional Use (1) for an exploratory well
in Section 2, T52S, R34E be adopted pursuant to $taff stipulations; and,
that the Petitioner's agreement to stipulativllS be accepted.
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80~X 052 PACE 109
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March 11, 1980
BOARD INTENT CLARIFIED THAT ALL PETITIONS FOR INDUSTRIAL VENTURES FOR
SERVICE TO MARCD/ISLE OF CAPRI AREA BE CONSIDERED AS A "PUD" AND JUDGEO
ON THEIR OWN MERIT: AREA NEAR "TRINITY" SITE CONSIDERED SUITABI.E FOR
INDUSTRIAL USE
Planning Director Danny Crew stated that pursuant to Board direction,
he has been studying the need and possible locations for additional indus-
" .
tria lands in the Marco/Isle of Capri area. He said that staff has found
there are adequate major industrial sites identified in the Comprehensive
Plan to serve a population twice the current level. however, due to the
"energy crisis" there is a need for more industrially suited lands nearer
the aforementioned areas, situated in an area that is easily accessable to
the Marco/Isle of Capri residents.
Dr. Crew stated that he personally visited six proposed locations, and,
it is his opinion that only the lands near Trinity Place on U.S. 41 are
suitable for industrial projects. He added that even this area will require
special design and use considerations and that any expansion of this area
should be handled on a "PUD" basis.
Dr. Crew stated that at this point in time, he sees no need for the
Board to affirmatively rezone or redesignate any areas that would Officially
Change the ~omprehensiv~ Plan or Zoning Districts; rather, he recommended
that the Board express theit intent that all petitions regarding industrial
projects be handled as "PUD" and judged on their own merit; and, that the
Board consider the area near the "Trinity" site. as specified within the
Executive Summary and maps distributed to the Board, as considered suitable
for industrial projects under certain conditions.
Chairman Wenzel called for a motion in response to Or. Crew's recom-
mendations, and Commissioner Archer moved to accept Dr. Crew's recommendations
and declare the Board's intent as one that will consider any petitions for
industrial projects in the Marco/lsle of Capri area as "PUD'S" and weigh
each request ~n its own merit; and that the Board shall consider the area
near the "Trinity" property suitable' for industrial projects SUbject to their
design and use. Commissioner Pistor seconded the motion and it carried
unanimous ly 5/0.
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EXPENDITURE OF $1,200 FOR THE PURCHASE OF 100 COPIES OF THE TECHNICAL
REPORT OF THE COMPREHENSIVE PLAN - APPROVED
Planning Director Danny Crew requested that the Board approve the
expenditure of $1,200 for the purchase of 100 copies of the Technical
Report of the Comprehensive Plan for the Planning Department. He explained
that the Planning Department sells these reports to the public for $25
each. Mr. Crew explained that the Board originally budgeted $7,000 for the
purchase of copies of the Comprehensive Plan and the "fl:.:hnfcal Report; the
actual cost for publication was $5,84G; and, the balance of $1,154 reverted
back into the General Fund at the end of FY 78-79.
Commissioner Pistor moved, seconded by Commfssfoner Archer and
carried unanimously 5/0, that the expenditure of $1,200 for the purchase of
100 copies of the Technical Report of the Comprehensive Plan be approved.
Dr. Crew stated that he would request Fiscal Officer Hall to prepare
the appropriate budget amendment.
BID '40B AWARDED TO FORT MYERS FENCE CO., INC. FOR THE PURCHASE &
INSTALLATION OF FENCING ALONG AIRPORT ROAD - APPROVED IN THE AMOUNT
OF $5,147.94 .
Legal notice having been published in the Naples Daily News on
February 1 and 4, 1980 as evidenced by Affidavit of Publication filed
with the Clerk, bids were received until February 27, 1980 for furnishing
and installation of chain link fencing along Airport Road between North
Road and Westview Drive.
Administrative Aide Gene Willett explained that Bid 140B is actually a
re-bid for the fencing along Airport Road, as the first Bid '398 was
rejected by the Board on January 29, due to lack of competition; and, that
Bid '408 is substantially lower than the former bid.
Commissioner Archer moved, seconded by Commissioner Pistor and
carried unanimously 5/0, that Bid #408 for furnishing and installation
of chain-link fencing along Airport Road be awarded to Fort ~ers Fence
Co., Inc. in the amount of $5,147.94 as contained in the recommendation
of the Bid Review Committee and that the Chairman be authorized to sign
and the Clerk to attest the resulting agreement.
BOOK 052 PACE 117
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March 11, 1980
BID 1410 AWARDED TO QUAID FENCE BUILDERS, INC. FOR THE PURCHASE AND
INSTALLATION OF FENCING FOR BALLFIELD NO. 2 ON MARCO ISLAND - APPROVED
IN THE AMOUNT OF $3.155
Legal notice having been published in the Naples Daily News on
February 11 and 12. 1980 as evidenced by Affidavit of Publication on
file with the Clerk, bids were received uotil February 27, 1980 for
furnishing and installation of fencing for Ballfield No.2, Marco Island.
Pursuant to Mr. Willett's rep~~t that Quaid Fencing Builders, Inc.
offered the lowest and best bid. Commissiol\er Archer moved. seconded by
Commissioner Plstor and carried unanimously 5/0, that Bid 1410 for furnishing
and installation of fencing for Ballfield No.2, Marco Island be awarded to
Quaid Fence Builders, Inc. in the amount of $3,155 as contained in the
recommendation of the Bid Review Committee and that the Chainman be authorized
to sign and the Clerk to attest the resulting agreement.
COUNTY ATTORNEY DIRECTED TO INVOKE PARAGRAPH (5) OF FRANCHISE AGREEMENT
BETWEEN COUNTY AND ULTRACOM OF IMMOKALEE RE NOTICE OF 90 DAYS TO COMPLY
REGARDING DEFICIENCIES ON THE PART OF THE FRANCHISEE AND REQUIRING AN
DRDERLY TIMETABLE REGARDING PLANNED SERVICE IN THE IMMOKALEE AREA
Assistant County Attorney Pires stated that the existing Immokalee
Cablevision franchise entered into between the County and Ultracom of
Immokalee in March of 1973 is being discussed today because since the
time of the original agreement a succession of companies, and/or organi-
zations have taken over the franchise and to date the service has not
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been provided the people in the Immokalee area.
Mr. Pires reported that he has asked the County Engineer to make
an investigation of the status of the cablevision project and a copy of
his report indicates that same is inoperable at this point in time.
During discussion with representatives of ~he present franchise
holder, Lake Telecommunications, Inc., Mr. Pires said he has requested
to have some sort of approximation of when this service will get "on line",
also, notification of deficiencies regarding insurance coverage and a per-
formance bond were covered. Mr. Pires said that the two representatives
from the franchise holder are present today.
Messrs. Leo Denslow and Kenneth Erskin, representing Lake Telecommunica-
tions, were present for the purpose of answering questions. In answer
to Commissioner Brown Mr. Denslow stated that he feels that all the
disappointments of everyone concerned will be satisfied in 120 days. He
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March 11. 1980
said that work has been undertaken in a diligent manner for th& last
6 or 8 months, and the project is moving ahead as quickly as possible.
He said that theirs is a positive commitment and that some $150,000 has
been expended thus far. In answer to Commissioner Pistor. Mr. Denslow
stated that the project cannot be ready to function in 90 days, rather,
it will take the more realistic figure of 120 days to complete construction,
In answer to Mr. Pires' Indication of no record of the liability insurance
necessary, and regardinlj the pe,"ormance bond, Mr. Denslow said that these
two items will be satisfied.
Mr. Pires requested authorization to direct a letter to the franchisee,
indicating the need to comply within 90 days. Commissioner Brown moved to
invoke paragraph 5 of the franchise agre~nent. Commissioner Wimer seconded
the motion and added that this motion included the authorization for Mr.
Pires to execute said letter.
Tom Boardman, representing the Immokalee Chamber of Commerce addressed
the subject of the disservice to the people in Immokalee who have been
patiently awaiting cablevlsion for some seven years. He.urged the Board
to do whatever is necessary to make the franchise holder deliver the
services promised within a short time from now. He asked for the service
to begin and plans be made to phase in the rest of the town of Immokalee
within a reasonable periOd of time to eliminate a small area being served
and the greater part of Immokalee with no service or r::~c. for service.
He further urged the Board to see that they put the franchise holders
on notice that they must provide not just a service, but a quality service
such as the residents in the greater Naples area enjoy.
George Varnadoe, Attorney for the Franchisee, stated that he would like
to suggest a time table for his client as follows:
a. The insurance and bond be sati~fied within 30 days.
b. Service to Phase One area in Immokalee within 120 days.
c. Within the 120 day period, a further phasing plan be presented
the Board for the other areas within the franchise.
d. An interim report be given the Board from the Engineering
Department at two months from today.
. ..
There was some discussion as to the quality of the service that both
Commissioner Brown and Mr. Boardman insist on for the residents in Immokalee
and whether or not it will be economically feasible to offer "Home Box
Office". Mr. Denslow reported that a study of the matter will be made and
all things will be considered prior to deciding if such a request can be fut.
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March 11, 1980
Upon call for the question the motion carried unanimously 5/0.
Commissioner Wimer clarified the intent of the Board as insisting that the
franchisee follow through with all the commitments and satisfy all the
provisions of the franchise agreement; that paragraph 5 will be invoked;
and, that all requested schedules, etc. will be brought back to the Bce within
90 days.
COMMISSIONER WENZEL APPOINTED iO ~A~NASSING BOARD FOR MARCH II, 1980
COMMISSIONER PISTOR APPOINTED TO CANVASSING BOARD FOR MARCH 18. 19BO
Chairman Wenzel offered to serve on the Canvassing Board on this date
March II, 1980 and Commissioner Pistor offered to serve on the Canvassing
Board for March 18, 1~30. Administrative Airle to the Board Mary Morgan
stated that Judge Hayes will serve tonight, and there will be a judge
appointed to serve with Commissioner Pistor on March 18, 1980.
Commissi~ner Wimer moved, seconded by Commissioner Wenzel and
carried unanimously, that Commissioners Wenzel and Pistor offer to serve
on the Canvassing Boards on the dates which they indicated be accepted.
MR. DOLAN HILL APPOINTED TO THE IMMOKALEE AREA PLANNING COMMISSION
Administrative Aide to the Board Mary Morgan stated that she has
been notified that pursuant to the relieving of responsibilities
of a member on the Immokalee Area Planning Commission by the Board for
failure to comply with the provisions of the Financial Discl~,'ltre
Act. there is a need for an appointment for that vacant seat due to an
agenda item scheduled for SUbject Commission that will require a full
Commission. She said that Mr. Dolan L. Hill has been recommended and is
willing to serve on the Commission.
Commissioner Brown moved, seconded by Commissioner Wimer and carried
unanimously. that Mr. Dolan L. Hill be appointed to the Immokalee Area
Planning Commission.
CHAIRMAN AUTHORIZED TO EXECUTE A CONCEPT PAPER RE FEDERAL GRANT FUNDS
APPLIED THROUGH THE LEAA PROGRAM
Ms. Morgan stated that the concept paper regarding Federal Grant
Funds that will be applied through the LEAA Program needs to be signed
by the Chairman. She said that the amount in question is for up to
$60,000 for the County Jail to obtain Federal accreditation and thus,
function as an area resource center for other jails. the items have been
budgeted for the provision of support and coordination services; and.
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Deputy Chief Raymond, Barnett explained the concepts of the program
at question, and said that the program is designed to bring the County
jail under Federal guidelines. He said it would enable the jail to
hire some classification personnel and obtain more offfce .pace. .tc. H.
further explained that in return for this funding, Collier County must
leave its jail open for others to see how we have utilized the program.
Ms. Morgan added that Collier County would then be a "model" for
other jails of sorts. and ~:,.. B;:rnett agreed and said that a lot of Jails
are competing for the funds, and th~re is no assurance that Collier will
be chosen as a recipient.
Commissio~er Archer moved, seconded by Commissioner Pistor and
carried unanimously 5/0, that the Chairman he authorfzed to execute the
concept paper re Federal grant funds applied for through the lEAA
program.
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BOOK 052 fAGE 121
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March U, 1980
LETTER OF ACCEPTANCE RE RESIGNATION OF HERMAN ASKREN, MAYOR, EVERGLADES
CITY, FROM THE HISTORICAL COMMISSION - AUTHORIZED
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Administrative Aide to the Board Mary Morgan stated that a letter
of resignation has been received, dated February 27, 1980, from Herman
G. Askren, Mayor of Everglades City, indicating that he can no longer
justly serve on the Collier County Historical Commission.
Commissioner Archer moved, seconded by Commissioner Pistor And
carried unanimously, that a letter of acceptance of resignation be
sent to Mayor Askren.
Ms. Morgan stated that she will submit names of interested parties
for the position vacated by Mayor Askren at a later date.
DISCUSSION RE NOTIFICATIl:N FRor~ THE OFFICE OF THE GOVERNOR REGARDING THE
NEED FOR TWO ELDERLY REPRESENTATIVES TO ATTEND THE FLORIDA GOVERNOR'S
CONFERENCE ON AGING IN ORLANDO, 9/16-19, 1980
Administrative Aide to the Board Mary Morgan stated that the
Governor's office ha~ notified the BCC that there is to be a Florida
Governor's Conference on Aging, to be held in Orlando on September 16
through 19, 1980. She noted that the State will not be funding transporta-
tion nor accommodations, however, it would be appropriate for the BCC,
local civic clubs, or others to fund same, as it is to be a worthwhile, and
important conference during which "aging pol ides" for the next decade will
be determined. Ms. Mor~an stated that two local delegates over 60 years of
age who are interested in pArticipating in the conference and have adequate
skills to be effective participants are being invited and the deadline for
submitting the names of the two delegates is 4/2/80. Ms. Morgan said
that anyone interested, or anyone wiShing to submit names, should present
the respective resumes to the BCC by 3/21/80.
ADVERTISING FOR PUBLIC HEARING RE PETITION R-79-10-C, WHISPERING PINES,
INC., (FISHERMAN'S COVER) ON APRIL 22, 1980 AUTHORIZED - FILING FEE WAIVED
Pursuant to Ms. Morgan's explanation regarding notification from
Mr. Lloyd Sheehan, Whispering Pines, Inc., indicating his wish to reacti-
vate the rezoning Petition R-79-10-C re Fisherman's Cove because recent
research leads him to believe subject project will be responded to favorably.
Commissioner Wimer moved seconded by Commissioner Archer and carried
unanimously 5/0, that Petition R-79-10-C be scheduled for public hearing
on April 22, 1980; that the filing fee be waived; and, that the advertising
be authorized, as recommended by staff.
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March 11, 1980
RESOLUTION PROCLAIMING THE 1980'S AS DECADE OF BROADCASTING - APPROVED
FOR DRAFTING
Pursuant to a request from Gary M. Firestone, WEVU, Commissioner
Archer moved, seconded by Commissioner Brown and carried unanimously 5/0,
that a resolution be drafted that proclaims the "1980's Decade of Broad-
casting".
PLANNING DIRECTOR REPORTS ON ~ECENT FVBLICATIONS BEING SENT TO VARIOUS
LANDOWNERS IN THE GOLDEN GATE ESTATES A~EA FROM MIAMI BASED REALTY FIRM
RE PROPOSED ZONING IN SUBJECT AREA
In answer to Commissioner Wimer, Planning Director Danny Crew
reported that he "as been in touch with the Real EstAte firm in Miami,
that is apparently responsible for sending various landowners in the Golden
Gate Estates publications regarding proposed zoning Changes in the subject
area. He stated that same publications are erroneous in content and he
has surreptitiously gotten on the mailing list so as to monitor the
information more closely. He noted that the Planning Department has con-
tacted the many residents who have written to the County asking questions
regarding the proported "facts" in the subject publications, and, that
they have had the "true" facts regarding their respective properties
explained. oDr. Crew stated that to his knowledge, these people have been
satisfied.
ROUTINE BILLS - APPROVED FOR PAYMENT
Following Fiscal Officer Harold Hall's statement that the bills
being presented have been processed fOllowing established procedures
and that funds are available, Commissioner Archer moved, seconded by
Commissioner Pistor and carried unanimously 5/0, that the routine bills
be approved for payment as witnessed by the following warrants issued
from March 5, 1980 through March 11, 1980:
.E!lliQ.
BCC CETA Payroll
WARRANT NUMBERS
1178-1306
5213-5477
County Warrants
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BUDGET AMENDMENT NO. 80-58 APPROPRIATING FUNDS FOR COUNTY COURT/ECONOMIC
CRIME REHABILITATION PROGRAM - APPROVED IN THE AMOUNT OF $3,000
Pursuant to Fiscal Officer Hall's explanation that the receipt
of the funds from the Naples Area Chamber of Commerce'for the Economic
Crime Rehabilitation Program was formerly approved by the BCC, and that
the presented Budget Amendment No. 80-58 actually sets forth the' individual
line item for said program, thus. appropriating $3,000 for use in conducting
crime reduction classroom ~ct1vit1es, Commissioner Archer moved for
approval of Budget Amendment No. BO-58. Commissioner Pistor seconded
the motion and it carried unanimously 5/0.
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March II, 1980
ADVERTISING AUTHORIZED FOR PUBLIC HEARING MARCH 25, 1980 RE SUPPLEMENTAL BUDGET
REGARDING FUNDING INCREASED EXPENDITURES FOR AMBULANCE SERVICE
C~
Fiscal Officer Harold Hall recommended authorization to advertise for a
public hearing on March 25, 1980 for consideration of a 5upplemental Budget
regarding funding the anticipated increase in Ambulance Service costs for the
remainder of this fiscal year. He referred to the amount in question as in-
clusive of the necessary funds to provide service in the Golden Gate and
Immokalee area as well as the previously contracted areas of Collier County.
There was some discussion dS lc the need for consideration of said
Supplemental Budget at this time, and Mr. Hall explained that the recommenda-
tion is being made for consideration at this time to allow the subject Sup-
~lemental Budget to get into the mid-year reports.
Commissioner Archer motioned that advertising be authorized for a
public hearing March 25, 1980 on the Supplemental Budget re ambulance service
funding for the remainder of the fiscal year. Commissioner Brown seconded the
motion for the purpose of discussion.
Commissioner Wimer stated that he wants the Board to know that he is
opposed to the method of funding the increase in costs for amb~lance services
through a Supplemental Budget and favors using funds within the various depart-
mental budgets that have not been used along with a combination of funds from
"other contingencies" as he feels that the "cash reserve" should be used for
emergency situations regarding capital Improvement type of expenditures.
Chairman Wenzel stated that perhaps between now and the time of the
public hearing a search through departmental budgets could be completed and
the appropriate figures could be gathered. He asked Mr. Hall if the County is
required to have a public hearing when this amount of money is at question?
Mr. Hall answered that it is not the amount of money that governs the need,
rather, it is that the County does not anticipate large increases like this
and that this expenditure would deplete the "Contingency Account", that is, this
expenditure for ambulance service together with other expenditures that are
anticipated to be expended from within "contingencies". He noted that there is
another alternative, and that 1s~to "put off" a Supplemental Budget until late
in the year and, in the event that the subject increased expenditure can be
"absorbed" through other sources, then a Supplemental BUdget would not be required.
He stated that the reason he Is recommending the Supplemental Budget is that it
is a natural sequence of events and, he pointed out, that, as a general rule,
supplemental budgets are not necessary due to the budgeting of expenditures at the
BOOK OS! fACE 127
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March 11, 1980
onset of the budgeting process, however, he reminded the Board that this expenditure
was not anticipated at the time of preparing the budget.
Commissioner Brown asked Mr. Hall if he is reasonably sure the subject funds
are aVdilable and Mr. Hall answered affirmatively, explaining that the needed funds
are available in the "reserve", specifically the monies that are in the 5% reserve
and the anticipated increase in unanticipated revenuas from interest income due to
the increase in rates of interest, and that the combination of the two is sufficient
to cover the subject expenditure. H~ a~ded that this money has not been appropriated
for this purpose, and it will take a Supplemt'ntal Budget along with the appropriate
public hearing to do so. He addressed the approach that Commissioner Wimer indicated
was hi~ preference, and stated that, as he understands it, he wishes to wait until
later in the year and see how all the departments and all the respective contingencies
allow for the absorption of the subject increase in revenue. He said the only real
difference between the two alternatives is that the "cleaner sequence of events" is
to go ahead with the public hearing and the Supplemental Budget. At this time,
however, if the Board chooses to wait, there is nothing wrong in that approach.
Commissioner Brown asked if Mr. Hall would agree that if the Board waited until later
on in the year, they have a good chance of finding the needed funds within departmental
Accounts, And Mr. Hall explained that the budget that the Board Approved for this year
is a "tight" budget; and he assured the Board that at the beginning of the year there
was no apparent amount of fund~ that are large enough to cover the subject expenditure.
He did say that there have been some unanticipated expenditures that the State has
indiCAted they would "reimburse" the County for, speCifically the expenditures re-
garding relevant audits, and also there have been some refunds in insurances and that
these two may be considered as "offsetting" some of the subject expenditures. He
said that there is definitely a chance that the County will not need the Supplemental
Budget; however, he added that would be "cutting it real close".
Commissioner Brown stated that he is withdrawing his second on Commissioner
Archer's motion.
Chairman Wenzel seconded the motion.
Mr. Hall noted that although the Board may wish to put off the consideration of
the subject Supplemental Budget, it is his feeling that it is appropriate to take
care of it at this point in time, as all the members of the Board and staff are
knowledgeable regarding the matter at hand, And with the current experience on the
requirements of the "Contingency Fund", he advised the Board that the County is
presently into said fund deeper than the County has been in any of the two prior
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years at this time. He stated that the best way to avoid the need for deep
analysis later in the year is to go ahead with the procedures regarding the
Supp)emental Budget as he indicated earlier, citing the fact that everyone is
aware of the need to come up with a large increase in funds for the cost of
ambulance services.
,
Chairman Wenzel stated that having the public hearing and preparation of a
Supplemental Budget does not mean that the County will have to go through with
funding the expenditure in that fashion if it is found that there is another way
to do so. Commissioner Archer suggested that the matter be e~pedited and finished
as soon as possible.
County Manager Nonman offered his concurrence with Mr. Hall's recommendation.
and explained that he feels if Commissioner Wimer's approach is taken, there would
be a duplication of staffs efforts regarding the exploration through each respective
departmental budget, as this must be undertaken in a month's time as part of the
budgeting process for next year and he added that the County is anticipating some
further "pay plan adjustments" that are eannarked as coming from the departmental
"contingencies" and these anticipated adjustments would conflict with the search
for funding for the subject expenditures.
Commissioner Wimer expounded on his reasoning for opposing the recommendation
of Mr. Hall and stated that he believes in a "tight-fisted" fiscal attitUde; however.
if the County goes into the Supplemental Budget now and takes approximately $200,000
out of the "reserve". which is the money that is traditionally used to "start the
next year", the taxes for next year will have to be increased by that amount in
addition to the increased budget for next year. He said that is why he will not
vote for a pUblic hearing for a Supplementary Budget, rather, he maintains the
posture that it is better to do the needed work now, rather than face the subsequent
problems of depletion of the "reserve".
Commissioner Archer clarified the fact that he is advocating a public hearing
to discuss whether or not the County will invoke the procedure of a Supplemental
Budget, and that this will allow time for staff to prepare the pertinent figures to
substantiate the need for same. . ~
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March 11, 1980
Upon call for the question, the motion to schedule a public hearing regarding
a Supplemental Budget for funding the anticipated increase for costs relating to
&nlbulance service for Collip.r County on March 25, 1980 and advertising re same
pUblic hearing be authorized carried 3/2. Commissioners Brown and Wimer dissented.
MISCELLANEOUS CORRESPONDENCE - FILED AND/OR REFERRED
There being no objection, the rh~ir directed that the following
correspondence be filed and/or referred to the various departments as
indicated:
1. Letter dated 2/25/80 from Clydesdale Bank Limited, requesting
the Board to send back to them the irrevocable letter of credit
regarding the Kings Lake Subdivision for cancellation. xc County
Engineer for response and/or processing. Filed.
2. Letter dated 3/4/80 from Lawton Chiles, United States Senator,
acknowledging receipt of Resolution supporting the Agricultural
Land Protection Act and noting that Collier County's viewpOint
will be considered in the future. xc Don ,Lander, Sam Colding; Filed.
3. Letter dated 2/22/80 from State Insurance Commissioner Bill
Gunter, thanking the County for the use of facilities during
field trips by his staff. Filed.
4. Letter dated 3/5/80 from Marco Island Chamber of Commerce, trans-
mitting a Resolution enjOining the BCC and DOT to initiate measures
toward enhancing the travel on 951 to Marco Island and Objecting
to any ecological reasoning for not accomplishing same. xc. Engineer-
ing Department; Filed.
5. Letter dated 3/6/80 from Collier County Democratic Executive
Committee, transmitting a Resolution requesting the BCC and
the DOT to mark 951 to Marco Island with double yellow lines; to
initiate a minimum speed limit of 4S mph; and er.:ouraging
stronger patrOlling of same road. and urging the initiation of four-
laning same road. xc Engineering Department; Filed.
6. Letter dated 2/28/80 from Eugene L. Reeder, resident of Ft. ~ers,
noting that the headlights on his automobile were adjusted free
of charge at the Collier County Motor Vehicle Inspection Depart-
ment and expressing his thanks and appreciation for same. xc
Personnel, Engineering Department. Filed.
7. Letter dated 3/4/80 from Naples Civic Association Presfdent
Lyle Richardson, notifying the BCC of the H'ples City Council's
workshop scheduled on 3/18/80 at 9:30 A.M. re deep well
injection method of disposal of sewage effluent and urging
the BCe to have a repre~tive attend. xc Engineering Depart-
ment, Utilities Department; Filed.
8. Notice dated 3/1/80 from Department of Labor and Employment
Security, Workmens Compensation Division, notifying the BCC
of the 6th Annual Worker's Compensation Self-Insurance Seminar
on 4/28/ and 29, 1980 in St. Petersburg Beach, Florida; trans-
mitting a questionnaire for response; and, enclosing a reserva-
tion card for attendance. xc County Manager, Fiscal Officer,
Risk Management; Filed.,
9. Copy of letter dated 3/4/80 to Planner Lee Layne, from Wilson,
Miller, Barton, 5011 & Peek, Inc., withdrawing Petitions
R79-44-C and CP-79-12-C; Filed.
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34. Departmental Monthly Reports as follows; (Filed)
a. Building Department (February)
b. Purch~sing Department (January)
c. Collier County Animal Control (February)
d. Building Maintenance (February)
35. Golden Gate Fire Control District Advisory Board minutes of
2/12/80. Filed.
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Time 11:50 A.N. to 1:30 P.M.
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BCC APPROVES AND AUTHORIZES THE CHAIRMAN TO EXECUTE AMBULANCE MANAGEMENT AGREEMENT,
LEASE AGREEMENT, AND AGREEMENT FOR TERMINATING AMBULANCE MANAGEMENT AGREEMENT,
RE AMERICAN AMBULANCE, INC.. WAIVER OF PERFORMANCE BOND - APPROVED
County Manager C. William Norman stated that his report this date would
consist of changes and additions to the proposed Ambulance Management AC1reement
with American Ambulance, Inc. which have been made since his last report to the
Board on March 4, 1980. He said that the staff and American Ambulance, Inc. are
in general agreement on the Agreement with one minor and one ma10r item where
there are still differences. He said that the only cost difference which has
developed during the interim week involves recognition of the fact that money
taken out of the budget for fuel included motor oil which has to be placed
back in the budget since it is not felt to be appropriate for the County to
furnish this item - the estimate being $1920 for a yp3r, or $960 for the six
months remaining in the current year.
Mr. Norman explained that there are several wording changes to the basic
agreement which have been made. i.e. a provision that the contractor will be
entitled to provide exclusive service with certain exceptions which are needed
to protect the public interest; the conditions under which the County fuel will
be furnished; a revision to the audit period to coincide with the Coun~'s fiscal
year; and, a clarification regarding the fact that it is not the County's intent
to withhold payment in the event that default is charged but only in the event
that default is found to actually'exist.
Regarding the Termination Agreement, Mr. Norman said that this document
provides for the termination of the, present contract, extending it to March 31.
1980 so that it will coincide with the new Agreement propcsed to become effective
BOOK 052 PACE 199
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March 11. 1980
April 1, 1980. He said that th~ staff is unanfmous in their feeling that the
provisions of the Termination Agreement, previously negotiated in December. 1979
and are unchanged. remain unchanged since such provisions are important and
necessary in order to best protect the interests of the County. However. Hr.
Horman said that at thi~ time there is no agreement with the contractor with
regard to certain provisions in the subject agreement.
Mr. Horman said that it is being recommended that the provision for a
performance bond be waived sinre the County is deal~ng with a contractor who
has a good record of performance and, also, due to the high cost involved.
noting that a quotation has been received in the amount of $13,750.
Hr. Norman concluded his presentation with the recommendation that the
above-referenced documents be approved.
Commis,sfoner Wimer questioned the verbage contained in the Memorandum
dated March 10, 1980 from Administrative Assistant Willett to the Count)' Mnager
~ith Hr. Horman concurring that the lest phrase in the second sentence of Para-
graph 1 re Exclusivity should read ", thereby reducfn~ the amount of the
required contract payment." (Note: The underscored words representing t~p.
corrected verbage.)
Mr. Jack Magu~re, President of American Ambulance, Inc., expressed con-
cern over his firm being held liable in the event they are unable to obtain
fuel from other sources, calling attention to the wording in this regard as
contained in thr. fourth paragraph of Paragraph 2, SECTION III. Page 1 of the
Ambulance Management Agreement. He said that the firm would br. losing their
power in purchasfng and would have to compete for fuel supplies the same as
any individual. whereas at this time the firm has prioritfes. Mr. Norman.
speaking as the County ~uel Allocation Officer. said that, in his opinion,
the priorfty "would go with American" regardless of the ~ource and that the
County would be'in a position to insure such prfority. Mr. Maguire said
that, as far as the rest of the Agreement, his firm has no particular problems
wfth ~~e document and solicited question~ from thr. Board.
Commissioner Pistor suggested that the ten-minute response time, as
contained in Paragraph 6, SECTION I, of the Agreement might be unrealistic
with Mr. Maguire responding that such provision is predicated on the fact
that such response time is Possible in most instances. barring unforeseen
vehicle breakdowns. and the like.
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March 11. 1980
Mr. Terry Vann. representing Herndon Ambulance out of Orlando, Florida,
said that he has been asked to attend the Session to record the firm's objection
to the apparent course of action now being contemplated by the BCe of Collier
County in awarding an ambulance service contract, addfng that his firm also
objected to the Board's rejection of all of the bids, said action having been
taken several weeks previously, at which time it appeared that Herndon was the
low bidder. He said that the firm had been hopeful of providing the service
that was desired by the County, and concluded with the comment that he has not
been authorized to make any other statement concerning the subject.
Commissioner Archer interrogated Mr. Vann on the varfous facets of hfs
firm's operations including such topics as the complafnts received regarding
the service rendered in Polk County, the number of employees hired. whether
or not the firm has secured an ALS license, the submittion of addftional
data pursuant to their bid, and other pertinent matters, all of which were
responded to in detail by Mr. Vann.
Mr. William Lagan, local resident, said that inserting the following
paragraph would have been sufficient to cover the prOblem:
"The low bidder. if not the present operator. shall furnish the Board
with exact and acceptable answers to its questions before a contract
will be awarded. We acknowledge that it would be unfair to ask the
bidders, except the present operator, to negotiate the requirements
in the bid speciffcations before being advised he is low bidder."
To respond to the allpgation that the Board has not listened to the public,
Commissioner Archer referred to the file containing letters of support for the
Board's actions from the following persons:
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1. Bess Fessenden
2. Willard P. Griffith
3. Maureen A. Lewis
4. Linda L. Luther
5. Hilda B. Fessenden
6. Petition dated February 29, 1980
containing 16 signatures
7. Thomas A. Brewen
8. Betty Ross Arnett
9. Claudia Simmons
10. Beth Croxton
11. Barbara Hayes
12. Carmen D. Kelly
13. Robin Guiher
14. Paula Smith . ~
15. Mickie Hamilton
16. Janice Hummel
17. Sandy Milbert
lB. Robert N. Tiffany
19. Jacquelin H. Capertu
20. Angie Hill
21. Paula Medura
22. Betty Cowles
23. Sheila Mahoney
24. Donna Read
25. Pat Hedrich
26. Paul L. Lietz
27. Howard Richards
28. Mrs. Robert S. Williamson
29. Janice Delsack
30. Ruth and Donald Wedge
31. Ronald A. Sealandia
32. Mr. and Mrs. W. R. Jenks
33. Sandra S. Spatharos
34. Mrs. Hank Menefee
35. Nancy and Eula Jernigan
36. Linda L. Jones
37. Lynn Bushong
BOOK ~ PACE 155
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&O~K 052 PACE 136
March 11, 1980
Mr. William Ryan, representing Local 2297 of the North Naples Fire-
fighters' Union, addressed the Board and stated that'it is his opinion that
the fire departments are not all that interested in assuming ambulance
operation after five years of receiving negative input from both sides~
however, he said that they have never been afforded the opportunity of sub-
mitting a proposal in this regard. Commissioner Wimer recalled that, at a
meeting held several years ago which was attended by Mr. Ryan, it was stated
that if the fire department wanted to be in the ambulance service it was his
position that they be invited to put together a proposal and he pledged
4hat if the same quality of service was offered at the same dollar or less,
as was being provided, he would assure them of his support. He said that, to
date, he has had no response.
Mr. Jim Billman, representing the East Naples Fire Department said that it
is their desire to work with the County and with American Ambulance in any
way possible. however, he said that they could not in good conscience sit
by and be excluded from the system. He said that It is not their desire to
have an ambulance service, per se, but noted that there are alternatives and
compromises which can be made. He said further that if the fire departments
are expected to perform EMS service, there has to be a timetable and comprehensive
plan.
Mr. Steve Martin. although registered to speak, declined the opportunity
to address the Board.
Chairman Wenzel read the letter prepared by J. L. Dutton which sets forth
the position that the ambulance service should either be totally owned and
operated by private enterprise under a franchise granted by the County or be
totally owned and operated by the taxpayers of the County under the management
of the County Manager.
Chainnan Wenzel also read into the record a memorandum from Fiscal Officer
Harold Hall to the effect that the Clerk's office feels that there is no
question but that the assets should be accrued to the benefit of the County,
as provided for in the Termination Agreement. Mr. Nonnan explained that Mr.
Maguire has indicated that the Agreement is acceptable as it now stands so
that the matter referred to in the memorandum is no longer an issue.
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March 11, 1980
Mr. George Matthews, North Naples resident, questioned the qualifications
of the EMS 90uncil passing Judgment on the contract, suggesting that the
review of the bids should have been by the Board, persons with no involvement
in the firm, and by someone familiar with medical service.
Commissioner Wimer poInted out to Mr. Matthews that the subject advi~ory
council is appointed by the Board of County Commissioners and that, in his
opinion, it would have been foolish for the Board to accept bid specifications
and bids which have not been reviewed by the Council. To help balance out the
review process and, since the main criteria was with regard to quality of service.
Commissioner Wimer said that there was also a committee of doctors appointed
who reviewed the bids before the EMS Council, and named the doctors who sat on
the committee.
Commissioner Brown expressed his concern over the inference that the County
Health Director William Cox had no invol~ement in the matter under discussion
and requested clarification of Dr. Cox's status with the County. Mr. Horman
explained that Dr. Cox is appointed by the Board, although he is in reality an
employee of the State HRS, and works closely with the County. Mr. Norman said
that Dr. Cox has been very intimately involved and participated very con-
structively in all of the aspects of the ambulance situation. Discussion
followed concerning the responsibilities of the County Health Director and
the EMS Medical Director in ihe matter of supervising of emel'gency health
services in the County.
Commissioner Brown requested a legal opinion as to whether or not the Board
"performed in a high, and ethical, and honest manner" with regard to the bids
for ambulance service. Assistant County Attorney Pires responded by stating
that, pertaining to the bid procedure, the bids were opened in a public hearing,
with the press in attendance, the bids were discussed in a public hearing with,
the Board making the decision that the bids should be rejected, based on numerous
factors and considerations. He said that that procedure was valid, lawful and
legal. Commissioner Brown further inquired if the contract presented is an
honest and legal document, or it,~as has been alleged, it is an illegal contract
Attorney Pires said that he beileves it could be a legal, binding document, comment-
ing that there has been much input and staff time put into it, and with much time
inovolved in the review pr?cess.
BOOK 0S2 PACE 137
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BOOK 052 PACE 1&9
March 11, 1980
Note: County Attorney Pickworth Joined the meeting at this time - 3:20 P.M.
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Commfssfoner Brown moved that the Board accept the contract wfth American
Ambulance, which has been the subject of discussion. The motion died for
lack of a second.
At Chairman Wenzel's request, pursuant to k{e~fng the public fully informed.
Mr. Norman explained that the annual contract payment, as provided for in the
contract, is $576,920 which equates to $48.077 per month. To determine the
amount of payment for the balance of the current fiscal year. Mr. Norman
divided the annual payment by two to arrive at $288,460.
Cor~llissloner Brown again moved that the Board take the following actions.
as recommended by the Staff:
1. Approve the Ambulance Management Agreement between the Board of
County Commissioners and American Ambulance. Inc..
2. Approve the Lease Agreement between the Board of County Commissioners.
Lessor. and American Ambulance, Inc.. Lessee.
and
3. Approve the Agreement for Terminating Ambulance Management Agreement
for Providing Emergency Medical Services between American Ambulance.
Inc. (Contractor), and the Board of County Commissioners, (County);
and that the Chairman be authorized to execute all of the above documents.
Commissioner Pistor observed that he has carefully studied the contract
and stated that he would feel "more comfortable" with it, in view of the
Auditor General's Report just received with respect to the ~ccounting pro-
cedures in the past with ambulance service, if, (1) the County did all of the
billing and payment of bills in order to provide a firm idea of the costs
for running the service, and how much money was being received, or, (2) if
that type of statement was received each month from the operator of the
ambulance service.
Responding to Commissioner Pistor, Mr. Norman said that it is not being
recommended that the County be responsible for billings and collections; however,
with respect to the Commissioner's second suggestion, Mr. Norman referred to
Page 7 of the Contract which he said defines the information to be provfded
to the staff before a recommendation of payment would be forthcoming each
month. He said that it is felt that. with these provisions, there will be
adequate, detailed informatio~ concerning activity, and, also, concerning
billings and collections, upon which to monitor the service. He said that.
additionally, at the end of each year there will be a certified accrual audit.
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March 11. 1980
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which the County did not have in the past, which will be in accordance with
accepted accounting standards and which will provide independent qualified
backup for the information to which he previously referred. Mr. Norman said
that the reporting and monitoring capabilities by the County have been
considerably strengthened.
Commissioner Archer seconded the motion on the floor.
Before calling for a vote on the motion, Chairman Wenzel questioned
whether or not contracting the service to a private firm will be a savings
to the County, which he said he assumes is the advantage to be gained, and
cited several examples why, in his opinion, the County could operate the
service without it costing any more.
At this point, Mr. Maguire submitted for the record a petition supporting
American Ambulance and the Advanced Life Support System in Collier County,
which he noted contains approximately 2,000 signatures.
Commissioner Wimer asked the Fiscal Officer to clarify the difference
between what the State Auditor reviewed and criticized, under the past
subsidy arrangement and the contractual arrangement contained In the proposed
contract - whether or not the same circumstances apply, or if the County is
on safe ground with the auditing procedures beln9 contempleted.
Fiscal Office Harold Hell said that the reviews of the Attorney General's
Opinions, and of the different audits which were conducted by the Auditor
General, indicated that going to the type of contract, as proposed, the pay-
ments each month, although a fixed amount, would be based upon the Clerk's
pre-audit of a statement that would come from the supplier of the services.
He said that these statements would be reviewed by the County Manager's staff
to ascertain that the services, as provided for in the contract, were, in fact,
rendered. Further, said Mr. Hall, such pre-audit function would constitute the
pre-audit duties of the Clerk and the County would not have the type of problems
being encountered. He said there are other factors which were not known,
among them the fact that the Auditor Gener~l frowns upon lump-sum payments,
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noting that such payments, as are being considered, might be considered to
be lump-sum payments. Therefore, said Mr. Hall, it can never be stated with
certainty that the type of contract being entered will not be questioned;
BO~l( 052 PACE 1S9
BOOK 052, PACE 140
March 11. 1980
'however. he said that it can be definitely stated that it is aimed at paralleling
the type of contract and devliery of services, certification of that delivery,
and pre-audit of that certification prior to payment, which is solid in those
respects.
Commissioner Pistor observed that he has no~omplaint about the service Mr.
Maguire has rendered, noting that his (Mr. Maguire's) Medical Director is a
very dedicated doctor. however, he stated his preference for the payment for
the service being justifiable as being equal to the cost of running the operation.
rather than a lump-sum payment. He called attention to the fact that on Page 8
of the contract it is noted that "it is the intent of the parties that the
contractor will not make a profit under this Agreement" which he said is a
further reason why he supports the County collecting the monies and knowing
the full operation of the company or the people providing the service.
Upon call for the question, the motion carried, pursuant to roll call vote.
3/2 with Commissioners Pistor and enzel voting in opposition.
Commissioner Archer moved, seconded by Commissioner Pistor and carried 4/1
with Chairman Wenzel voting in opposition. that the waiver of the Performance
Bond, as recommended by staff, be approved.
A further petition filed for the record contained the signatures of
22 EMT's and Paramedics of Am^.rican Ambulance expressing their appreciation
to the Board for renewing the contract of American Ambulance, Inc.
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BOOK 052 rACE 170
March 11. 1980
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WORKSHOP AGENDA ITEM RE REVIEW AND DISCUSSION OF FISCAL POLICY FOR FY 1980-B1 -
CONTINUED UNTIL MARCH 18. 1980
Commissioner Wimer moved, seconded by Commissioner Brown and unanilnousl~
carried. that the Workshop item scheduled for this date be continued until
the meeting of March 18, 1980.
County Manager Norman inquired if it would be ~cceptable to distribute the
budget preparation material to the appropriate personnel in the interim period
with Fiscal Officer Harold Hall responding in the affirmative in order to
proceed on the schedule which has been established. He noted that there
is one form in the budget material which may have to be changed depending on
the Fiscal Policy of the Board; however, he said that this could be "handled"
later.
There being no further business for the good of the County, the meeting
was adjourned by order of the Chair - Time: 3:50 P.M.
BDARD OF COUNTY COMMISSIONERS/EX OFFICIO
GOVERNING BOARD(S) OF SPECIAL DISTRICTS
UNDER ITS CONTROL
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CLlF: WENZEL, CH RMAN
ATTEST:
WILLIAM J. REAGAN. CLERK
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