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BCC Minutes 10/21/1980 R Naples, Florida, October 21, 1980 LET IT BE RfMEMBERfD, that the Board of County Commissioners in and for the County of Collier, and also acting as the Governing Board(s) of such special districts as have been created accordina 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-CHAIRMAU: Thomas P. Archer John A. Pistor C.R. "Russ" Wimer David C. Brown ALSO PRESENT: William J. Reagan (9:30 A.M.), Clerk; Harold L. Hall, Crief Deputy Clerk/Fiscal Officer; Edna Brenneman and Darlene Davidson (2:00 P.M.). Deputy Clerks; C. William Norman, County 11anagel'; Donald A. Picy-worth, County Attorney; Clifford Barksdale, Public Works Administrator/County Engineer; Irving Berzon, Utilities Division Dire~tor; .Jeffory Perry, Zoning Director; Terry Virta, Community Development Administrator: Thomas Hafner, Public Safety Administrator; Lee Layne, Pianner; Anthony Pires, Assistant County Attorney; Mary Morgan, Adminis- trative Aide to the Board; and Deputy Chief Raymond Barnett, Sheriff's Department. :J. '!i MOK 056' PACE 99 .~ ~OOK '056 P^CE 104 MINUTES OF MEETING OF SEPTEMBER 23, 1980 - APPROVED: APPROVAL OF MINUTES OF SEPTEMBER 30, 1980 MEETING - DEFERRED Conrnissioner Plstor moved, seconded by Corrrnissiollcr Archer and unanimously carried, that the minutes of the meeting of September 23, 1980 be approved as presented, and that approval of the minutes of the September 30, 1980 meeting be deferred until a later date. October 21, 1900 PETITION CP-80-11C, ROBERT TUYLS, REQUESTING lAND USE AMENDMENT FROM COMMERCIAL ANQ 0-6.22 RESIDENTIAL LAND USE TO 6.22-30 RESIDENTIAL LAND USE FOR PROPERTY IN Sl, T50S, R25E (CONTINUED FROM 9/9, 9/30, AND 10/14/80) - DENIED Legal notjce havina been published in the Naples Daily News on August 8, 1980 as cvidenced by Affidavit of Publication previously filed with the Clerk, public hearing was continued from Septcmber 9, September 30, and October 14, 1980 with regard to Petition CP-80-l1c, filed by Robert Tuyls, requesting a land Use Amendment for property located in Section I, Township 50 South, Range 25 East. Planner Lee Layne located the property as being 9.6! - acres on the north side of Davis Boulevard, northcast of the Bill Barnett Toyota Dealership, following which she reviewed the proposed use of the pro- perty, as discussed during the previou~ public hearings, and the fact that Utilities Division Director Irving Berzon was requested to meet with the devp.loper to review the sewage treatment aspects of the pro- ject. Mr. Berion informed the Board that a meeting was held with the developer. his Attorney and Engineer" together with the COI."lty Attorney, and said that the outcome of the meeting was that the developer "opted" to use an on-site treatment plant instead of pursuing the idea of tying in with adjacent private facilities. Mr. Berzon pointed out that such plant will have to be approved by the DER and, when asked for his ~e- corrrnendation, Mr. Oenon said that if the plant can meet the DER require- ments, the proposal will probably be, in the long run, the most feasible for both parties concerned, particularly the County. .:J Mr. Thomas Peek, representing the project's engineering ffrm of Wilson, Miller, Barton, 5011 & Peek, Inc., reviewed for the Board various aspects of the particular site and how the project will be October 21, 1900 approached in order to make the site workable Including such matters as the dedicated road right-oF-way platted to become Pine Acres Road which will provide access to the property, the excavation work done previously on the site which was back-filled with varying types of construction rubble, thc removal of the proposcd lakcs originally planncd for storm- watcr management, conformity to the Flood Insurance elevation require- ments, proposcd locations for the placement of the treatment and per- colation pond sitcs, potable water supply, and other pertinent facts. Mr. Peck said tf Jt thc project has becn rcviewed by the County's various advisory boards, as well as the Coastal Area Planning CU/llIlission, dnd recommended for approval. Mr. Peek continued his presentation by stating that there will be necessary bu'i'fers around the project to prevent any damaging effects to the neighborhood, noting that it will probably be an improvement, ex- ~laining that the increase in dcnsity will not be significanl. He also pointcd out the expcrience and qualifications that the pctitioner pos- sesses for managing a moderate income housing project of the type under discussior. , During thc deliberatio~s which followed, Mr. Peek said that there will be "non-construction" of approximately 30 units at the present which can be built following the elimination of the on-site plant in the future whcn the rcgional system is comp1eted. Mr. Peek also commented on the proposed access road by stating that the developer will sign an agreement that the road will be built at such time as the Board de- tenmines is suitable - either at the present time, or in the future. Attorney l.N. Ingram, appearing on behalf of the petitioner, elaborated further on the agreement which has been drafted by the County Attorney to insure that the site would be connected to the County ~Jater- Spwpr ni~trict when the service i~ aVJil~blc "'I....... .... .......... \,0\,,1 ~~~~~...A .... ~~... ~...... ''''"''''1"''''''''''' "'..... ...11.... "'VII cern of the County staff over protecting the financia1 liability of the East Naples portion of the District. He als~ emphasized the need for,j. the particular type of housing which is being proposed for the Naples' conmunity, urging the Board to consider favorably the developer's request. MO;~ October 21, 1980 056 PACE 106 Mr. James Miller, President of the Flamingo Estates Civic As- sociation, read into the rEcord his letter of October 15, 1980 setting forth the IIssociatio'l's reasons for opposing the development, among them possible odors from the trcatment plant, increase in traffic which would bc gcnerated and cause a hazard to the children residing in the area, and the like. He asked that the residents in attendance signify by standing whether they were in favor of the development or opposed to it. Thcre were no pcrsons indicating their approval and approximately fifty persons expressing opposition. Mr. Elton Townsend, affected area resident, submitted a petition of objection to the project containing 25 signatures of persons residing in the adjacent area. Mr. Townsend pointed out the problems caused by "cramning" so many .'t:!ople in such a small area, the prOblems he fee-ls an on-site treatment plant will generate, the aforementioned traffic congcstion, and the like. Attorney Ingram was given the opportunity to rebut some of the statements mode by persons in opposition to the project and concluded by ug.;in urging favorablc consideration by the Board. All oroponents and opponents having been heard, Commissioner Wimer moved, seconded by Commissioner Archer and unanimously carried, that the public hearing be closed. At Commi~sioller Wimer's request, Ms. Layne outlined the objectives of the Comprehensive Plan upon which th~ir recommendation of approval was based, as contained in the Memorandum datcd July 31, 1980, from the Community Development Division to the CAPe, noting the change made since that date with regard to the sewer facility. Commissioner Archer recalled that when the petition was discussed at the earlier public hearing it was the opinion of the staff that Pine Acres Road be constructed through to Estey Avenue from Davis Boulevard. Public Works Administrator Barksdale said that such stipulat10n 1S stiii the staff recommendation due to the need for sufficient traffic cir- culation. :J '"I October 21, 1980 Commissioner Wimer n~ved, seconded by Commissioner Brown, that the staff recolmlcndation with l~gard to Petition CP-OO-llC be approved. The motion failed 2/3, following roll call vote, with ConTllissioners Pistor, Archer and Wenzel voting in opposition. The followin~ additional information was filed for the record: I. Letter dated October 15, 1980 from Marion Sloan In support of the zoning petitions. 2. Petition Against Rezoning with 195 signatures. 3. Letter dated October 15. 1980 from Kenneth R. Mason in support of the project. PETITION R-80-23C. ROBERT TUYLS, REQUESTING REZONING FROM "RM-1" AND "GRC" TO "PUD" PRO~ERTY IN Sl, T50S, R25E (CONTINUED FROM 9/9, 9/30, AND 10/14/80) - DENIED Legal notice having been published in the Naples Daily News on August 8, 19Br d~ evidcnced by Affidavit of Publicatioil pre'dously filed with the Clerk, publ ic hp."ring was continued from Scptember 9, September 30, and Octobcr 14, 1980, with regard to Pctition R-80-23C, filed by Robert Tuyls, requesting rezoning from "RM-1" and "GRC" to "PUD" for property located In Section I, rownshi~ 50 South, Range 25 East. Plann~r I.ce Layne advised the Board that the subject petition 15 a companion pp.titlon to Petition CP-80-11C and that, since the Board took action to deny such petition, the staff recommendation would have to be for denial of the rezoning petition pertaining to the same site. Commissioner Archer moved, seconded by Commissioner \oI1mer and carried unanimously, that the publ ic hearing be closed. Commissioner Archer moved, seconded by Commissioner Pistor and carried by unanimous vote, tha t Petition R-80-2~C, as detailed above, be denied. .. . . RECESS: 9:55 A.M. until 10:05 A.M. . . . .') PO OK 056 PACE 107 BOOK 056 P^CE 108 October 21, 1980 RESOLUTION 80-224 RE PETITION BD-OO-8C, PHIL PEARCE, REQUESTING EX- TENSION OF A OOAT DOCK 78' INTO THE WATERWf\'( AT SNOOK BAY ON ISLE.S OF CAPR I - ,iDOPTED Lcgal notice having been published in the Naplcs Daily News on October 5, 1980 and in thc Marco Island Eagle on 0ctober 2, 1980 as evidenced by Affidavits of Publication filed with the Clerk, public hearing was opened to consider Petition OD-80-8C, filed by Phil Pearce, requesting an extcnsion of a boat dock 78 feet into the waterway at Snook Bay on Islcs of Capri. Planner Lee layne explaincd that the requested extension of 78 feet is 58 fcet ovcr the allowed length of a boat dock without Board approval. The petition has been recommended for approval, said Ms. Layne, due to the fact that Snook Bay is very shallow in the subject area, the water- way is over 200 feet wide, there were no objections to the extension forthcoming, and that there are docks on both sides of the waterway the S'l.me length or longer. It is recommended by ti,e staff, concl'lded Ms. Layne, that the Board grant approval to Petition BD-80-8C. Mr. Phil PCJrcc, Pcrmitting Agent for the owner, GerJrd Anderson, emphasized the need for the extended dock, adding the further rcason . that dredging is no longer rermissible under the law, noting that drccging would be futile in the particular area even if such activity was allowed. There were no qucstions forthcoming, whereypon Commissioner Pistor moved, seconded by Commissioner Archer and unanimously carried, that the public hearing be closed. Commissioncr Pistor moved, seconded by Commissioner Archer and carried by unanimous vote, that Resolution 80-224, pertaining to Petition BD-BO-BC, be adopted. * * .:r * * * * October 21, 1980 PETITION NZ-80-l4C REQUESTING AMENDMENT TO ORDINANCE 7G-30, SECTION 9, AREAS OF ENVIRONMENTAL SENSITIVITY, BY ADDING PART II "CT" CRITICAL TREATMENT OVERLAY DISTRICT - CONTINUED UNTIL NOVEMAER 11, 1980 Lcgal notice having been published In the N.:Jples Daily News on Octobcr 2, 1980 as evidenced by Affidavit of Publication filed with thc Clerk, public hC.:Jring W.:JS opcned to consider Petition NZ-80-14C re!'juesting an amcndment to Ordinance 76-30 by adding Part II - "CT" Critical Treatmcnt Ovcrlay District - to Section 9 - Arens of Environ- mental Sensitivity. Pursuant to staf: requcst, Commissioner Archer moved, seconded by Conrnissioner Pistor and unanimously carrip.d, that Pctition NZ-80-14C be continued until November 11, 1980, in order for the Coastal Area Planning COlTmission to reccivc marc inform,)tion from the staff with regard to the differenccs betweell thc "ST" District and the proposcd "CT" Overlay District. ORDINANCE 80-99 RE PETITION NZ-BO-15C, AMENDING ORDINANCE 76-30 BY ADDING NEW SUBPARAGRAPH (6) TO PARAGRAPH 2 B, SECTION 38 "E" ESTATES DISTRICT TO ALLOW MOBILE HOMES, MOTOR HOMES OR TRAVEL TRAILERS AS TEr~POR/1.RY RES I DENCE WH I LE PERM,~,NENT RES I DENCE IS DE I NG CONSTRUCTED _ ADOPTED, AS AMENDED Lcgal noticc having been publIshed in the Naples Daily Ncws on October 2, 1980 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was held to consider Petition NZ-80-l5C, amcndi ng Ordi nance 76-30 by :Iddi ng new S!/bparagraph (6) to Pa ragraph 20 of Scction 38 "E" Estates District, Accessory Uses, to permit Mobile Homes, r~otor Homes and Trav~l Trailers as a temporary residence during the construction of a permanent residence. Community Devclopment Administrator Terry Virta reviewed briefly the Executive Surrrnary dated October 7, 1980, prepal'ed by him, noting th~t it is the rer~~e~dation of the Coastal Area Plannina Commi$$ion that Petition NZ-80-15C bc approvcd subject to the removal of the language concerning n~bile homes and that the Zoning D1rector be authorized to approve the permits. :). ,..., -"-'" DOOK 0$ mCE 112 October 21, 1980 Commissloncr Plstor qucstioned whether or not the maximum period of 90 days, CIS contained In the amendment language, is su(~cient time for completior. of a house wfth Corrrnissloner Wimer pointing O'Jt that the pcnnit can bc ex tendcd. with Commi ss i oner Archer sllgges t i ng that the initial period should be for at least 180 days with a 90-day extension provision. Therc was additional brief discussion, following which Conrnissioncr Archer moved to amend the ordinance to state that the duration of thc permit for thc temporary use of the aforesaid vehicles shall bc for a maximum pcriod of 180 days or upon complction of the permanent residence for which the building permit for such residcnce was issued, whichevcr occurs first; and that thc temporary permit may bc cxtended for 90 days onc timc. The motion was seconded by Commissioner Pistor and carried 3/2 with Conrnissioners Wimer 3nd Brown voting In opposition. Commissioner ;'istor moved, ,econded by Chairman Wenzel, that all language rclating to Mobile Homes be struck from the ordinance. The motion failed 2/3 with Conrnissioners Archer, Drown and Wimer voting in oppos it ion. , Corrrnissioner Archer movcd, seconded by Commissioner Pistor and unanimously carried that the public hearing be closed. COlllllissioncr' Archer moved, seconded by Corrrnissioner Pistor and unanimously carried that Ordinance 80-99 with regard to Petition Nz-80- 15C, as detailed above, be uJ~~tcd, as amended, and entered into Ord- inance Book Nu. 12. Later, in thc aftcr~oon Session, Commissioner Archer noted that it has been brought to his attention, during th~ lunch recess, that certain propertics within the Estates Area, formerly situated within the Irr::lOkalee Area Planning Commission district, were Inadvertently omitted from the description of the affccted properties rcgarding Ordinance No. 80-99, which was adopted by the Board this morning. He asked the members of the Board if they agref:J that the intent of the Board at the time .:?' of said adopteion was to include all of the Estates area. Upon hearing:, ail dttending members affirm this intent, Commissioner Brown moved, October 21, 1980 seconded by Conrnission\lr I-limer and carried 4/0, with Commissioner Wcnzel abscnt, that Ordinancc No. 80-99 shall bc amendcd to include the above-refercnced lands, formerly situatcd in the IAPC district and now situated In thc CAPC district, in thc description of affected lands. ORDINANCE NO. 80- ~ AN OHDIN/\NCE MIENOING OnOIN,\NCE 76-30, THE CmlPREIIEN5 IVE ZONING REGULATIONS FOn THE UN- INCOHPOHATEO MlEA OF THE COASTAL AREA PLAN- N WG D I STIlT CT DY MIENDING SECTION 38, "E" ES- TATES DISTIlICT PAHAGRI\PII 2n, ACCESSORY USES, TO ALLOl.J ~IOllI;,r.: ITO~IES I ~lOTOR ITem::; on THAVEL TRAILERS AS A TEMPORAllY RESIDENCE WInE A PEilllANENT RESIDENCE IS nEING CONSTRUCTED SUD- JEeT TO RESTRICTIONS AS STATED HEnEIN AND BY PROVIrING FOR AN EFfECTIVE DATE. o;mINANCE 80-100 RE PETITION NZ-80-16C, AMENDING SECTION 18, PARA- GRAPH 16 OF Oi\DINANCE 76-30 BY INCLUDING "RM-1B" DWELLING UNITS, BOAT STOrAGE (DRY SLl PS) AND WHOLESALE ESTABLISHMENTS IN OFFSTREET PARKIlIG REQUIREMENTS - ADOPTED Le9al notice having becn published in the Naples Dally News on October 2, 1980 as evidenced by'Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition NZ-80-16C, amend- ing Section 18, Paragraph 16, of Ordinance 76-30 - Off-Street Parking - to include "RM-II3" Dwelling Units, Boat Storage (Dry Slips), and Whole- sa~e Establishments. Conmunity Dcvelopmcnt fJministrator Terry Virta explained that when the Parking Section of thc Zoning Ordinance was rcvised, sevcral uses werc omitted and the proposed amcndmcnt will include those omissions. He advised that thc CAPC, at their public hearing on October 2, 1980, recommended forwarding the subject petition to the rloard with a rec~m- mendation of approval. There ~as a brief discussion concerning the neces$lty for providing parking for marina storage of boats with Chairman Wenzel expressing con- :) cern that it may be necessary for marino operators to purchase additional property in order to provi de park i n9 spaces for persons us I ng "dead" storage facilities. Mr. Virta pointed out that if the operation is exist- ing there Is no requh'ement, under the ordinance, to add more parking area. aoOK 056 rACE 114 October 21, 1980 The "RM-]B" Multiple Family Dwellings District parkfng require- mcnts were conrncnted upon by Chairman Wenzel who said that ft has been recorrrnended tha t 2J~ spaces be provf ded for slJch un its f n order to provide for guest parking. Mr. Virta said that the requirements I,.) were chdnged from l~ spaces to 2 spaces in July of the current year and that the particular category is merely being added back into the schedule with no change bcing made. Mr. Vlrta dlso pointed out a minor typographical error in the proposed ordinance which he said will be corrected in the final document. Thcre bcing no persons fndicating a desire to add input on the subject, Corrrnissioner Pistor moved, seconded by Commissioner Archer and unanimously carried, that the public hearing be closed. Corrroissioner Pistor moved, seconded by Co~issioner Archer and unanimously carried, that the Ordinance, as numbered and entftled below, be adop~ed 3nd entered frto Ordfnance Book No. 12. ORDINANCE NO. 80 -,100 AN ORDINANCE N1ENDING ORDINA:iCE 76-30 THE CmlPRENHENSIVE ZONING REGULATIONS FOR THE COASTAL AREA PLANNING DISTRICT DY AMENDING SECTION 18, PARAGRAPH 16, OF}'-STREET PARKING: REQUIHED AMOUNTS; /\tIENDING SECTION 22.. IV, MULTI-FAMILY D~STRICTj AND PROVIDING AN EF- FECTIVE DATE. {WORDS UNDERLINED ARE ADDED TO EXISTING ORDINANCE; WORnS SIRH€K-IHR9HSH- ARE .DELETIONS FROM. LUSTiNG ORDl.NANCE.) ORDINANCE 80-101 RE PETITION R-80-29C, TIMOTHY HAINS, TRUSTiE, RE- QUESTING REZONING FROM "A" TO "RM-l" FOR PROPERTY IN 516, T48S, R25E _ ADOPTED, PURSUANT TO STIPULATIONS, AS AMENDED; PETITIONER'S AGREEMENT TO STIPULATIONS - ACCEPTED Legal notice having been publiShed in the Naples Daily News on September 19, 1980 as evfdenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition R-80-29C, filed by Timothy Hains, Trustee, requesting rezoning from "A" Agriculture to "RM-l" Single and Multi-family for property located in Section 16, Township 48 South, Range 25 East. ,:J, October 21, 19BO Planner Lee Layne located the subject property as the "l-shaped" parccl sho\~11 in )'ellow on the map displayed, more generally describcd as lying south of Wiggins Pass Road, east of Fish Camp Road and north of Pan Am Avenue, and consisting of approximately 20 acres. Ms. Layne said that the Coastal Arca Planning Commission held their public hear- ing on Septcmber 25, 1980 and, following discussion regarding the types of units to be built on the property and, also, concerning access ar- rangements, ft was thei r recomnenda t ion tha t the pet fti on be recommended for approval with the following stipulations: 1. Detailed site water managcment plan be submitted to the WMAB for approval prior to commencement of any permitting or construction. 2. Slough area shall be preserved In its natural state except for limited recreation, boardwalks or nature trails. 3. Fill be limited to roadways and building pad areas. 4. Access limited to Wiggins Pass Road for any areas developed as multi-family. 5. COllsult with Florida Game and Fresh Water Fish Com- mission prior to the start of any construction. Ms. Layne apprised the Board that the CAPe vote was not unanimous - two memucrs dissenting because they felt that the petitioner should know whether or not he is desirous of constructing single or multi- family units. The matter of limiting the access was a concern expressed by Commissioner Wimer with Public Works Administrator Barksdale recommend- ing that one of the north/south roads - Venetian Way or Grand Canal - be connected to the internal road system. Commissioner Pistor concurred with the recommendation and inquired if the developer would have any oojection to providing an access to Pan Am A~enue. Mr. Robert Smith, Director of Regional Planning for Post, Buck12Y, Schuh & Jernigan, responded in the negative stating that the original plan was to provide such access; however, there was some concern by the residents in the subdivision to the south havir') access through the subject area. It:) is felt, continued Mr. Smith, that the proposal would cause no harm and would probably improve access to that particular subdivision. n~~ ...... -f ~ October 21. 19GO MOK 050 rACE lt6 Co~nissioner Wimer moved that Stipulation 4 be deleted and re- placed with the following stipulation: Access will bc provided from Wiggins Pass Road through the development to either Venetian Way or Grand Canal Dri ve. Thc motion was seconded by Corrrnissioner Archer and unanimously ..:arried. Commissioner Archer inquired about the type of arrangement planned for connecting to the sewer system with Mr. Smith explaining that the development will be tied into the existing sewer line on Pan Am Avenue. Chairman Werzel referred to the two negative votes cast by members of the CAPC bccause of the unknown factor involved, as mentioned pre- viously. Ms. laync explained the reasons why site plan~ are not required prior to rezoning ap~roval with Commissioner Archer pointing out the safeguards that are provided with regard to what will be developed once the rezoning has been granted. Ms. Barbara Logie, resident of the adjacent Gulf Harbor Subdivision, expres sed concern over an increase intra ffi c through her corrmun ity as a rp.suit of th~ action taken by the Board with regard to additional access. A further concern brought forth by Ms. logie was protection for thc eagle's nest located approximately 1200 feet south of thu subject property. It was pointed Qut that the Florida Game and Fresh Water Fish Corrrnission will be consulted prior to the start of any construction to respo~d to this matter with Ms. layne explainlng that the subject Commission will have the "final s~y" regarding the timing of construction. It was Chainman Wenzel '~ suggestion that the speaker address her interests in writing to the County's staff for their consideration when a final presentation is made regarding the proposed project. There were no other persons indicating the~r desire to provide additional comment, whercupon Commissioner Archer moved, seconded by Conmissioner Pistor and unanimously carried, that the public hearing be closed. .?' If October 21, 1980 COl1l11issioner Mchcr moved, seconded by Commissioner Wimr.r and unanimously carried, that the ordinance, as numbered and entitled below, be adopted, pursuant to the stipulations as amende1; and that the Petitioner's Agreement to thc stipulations be accepted. ORDINANCE 80- 101 AN OROINANCE AMENDING ORDINANCE 76-30, THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF THE COASTAL AREA PLANNING DISTRICT BY AMENDING THE ZONING ATLAS ~p NUMBER 48-25-5 BY REZONING TIlE FOLLOWING DESCRIBED PROPERTY FROM "A" AGRICULTURE TO "RM-1" MULTH'AMILY: PART OF THE NORTHWEST 1/4 OF TIlE SE 1/4 OF SECTION 16, T48S, R25E; AND BY PROV~DING AN EFFECTIVE DATE * ... ... ... ... ... ... :) October 21, 1980 PETITION A-BO-4C, TilE DELTONA CORPORATION, APPEALING ZON~NG DIRlCTOR'S ADMINISTRATIVE DECISION DISAPPROVING PARKING PLANS FOR SEAFARER CONDOMItIIU~', 1,'ARCO ISLANlJ - DENIED Legal notice h~ving been published in the Naples Daily News on October 5, 19BO and in the Marco Island Eagle on Octuber 9, 1980 as evidenced by Affidavits of Publication filed with the Clerk, public hearing was opened to consider Petition A-80-4C, filed by The Deltona Corporation, appealing the County Zoning Director's administrative decision not to approve the parking plans for the Seafarer Condominium to be constructed on M~rco Island. Zoning Director Jeffory Perry, referring to the Executive Summary dated October 7, 1980, as prepared by him, explained the situation with regard to his decision concerning parking requirements for the above- named cond0minium project. Briefly, said Mr. Perry, the Board adopted an ordinance on July 29, 1980 which changed the minimum required park- in,:) for multi-family units from ll:i spaces per unit to two spaces per unit. Subsequently, continued Mr. Perry, on or before Septembp.r 9, 1980, The Deltona Corporation submitted an application for a building pcrmit for the construction of the building and, during the review process on September 17, 1980, it was dctermined that an inadequate number of parking spaces were shown on the site plan. To summarize, Mr. Perry said that he has no authority to "grandfather" a project that was sub- mitted after the effective date of an ordinance. Mr. Edwat'd G. Grafton, Vice President of The Del tona Corporation, in charge of architecture, reviewed briefly the Corporation's position, as set forth in his letter to Mr. Perry dated October 1, 1980, together with attachments and exhibits attached thereto. Mr. Grafton stated that, in his opinion, requiring two parking spaces per unit is in excess of the actual pai~ing spaces needed for vacation-oriented apartment dwell- ings and, since the plans were submitted only two weeks "off the mark" from the effective date of the pertinent ordinance, pleaded ~ith the Board to grant th~ir appeal. Mr. Grafton pointed out the damages wh1~h) would be encountered if the decision is not over-turned in terms of arrangements for financing, marketing, and the like, which have already been implemented. ~nrw fl!1fl rm11~ October 21, 1980 BOO~ 050 PAGEIZ0 COlmlissioner Wimer expressed. surprise that the finn's staff In . ".. t' 'J Collier County were not aware of the hearings held concerning the changes in the parking requirements. Mr. Grafton said that th~y were not alerted and, had they been, their attitude would be different. However, he said that this was their fault but added the suggestion that, as a major developer In the area, perhaps in the future they could be notified of such matters. Commissioner Wimer commented that there were news articies published, advertisements regarding public hearings and, as pointed out by Community Development Administrator Virta, workshops on the proposed ordinance were publicized and held. Commissioner Pistor also expressed surprise at Mr. Grafton's statements, observing that at least a year ago the idea of changing the parking requirements was publicized due to the bad ~arking sft- uation which has been encountered at a shopping center on Marco Island. Flli"ther, said the Conmissioner, parking is one or the biggest [.roblems The Deltona Corporation, as ~Ip.ll as others, has on the Island. Com- missioner Pistor also stated that the proposed 22-story building is out of place next to the existing 13-story hotel and that if the developer would reduce the height by six stories, their parking problem could be solved. Mr. Grafton commented that sufficient parking could be accomplished on the particular site but expressed doubts that. the Conmissioners would approve adding the acditional asphalt which would be required, along with the severe drainage problem. Mr. Grafton added that the firm has no quarrel with the subject parking requirements but are appearing before the Board requesting to be treated fairly. Mr.. Edward Oelschlaeger, Vice PrE:sident for Product Development for The Del ton a Corporation, stated that he was the individual respoll' sible at the time for not rlptprtina ~nd Ilnr'lnrt'+:"n...4,;"",... """...f.. ........... _"__' .. ............. "::1 "",u. '" ......... 1"".....-.... '-#v........J was going through the public process on hearings for the ~arking change. He stated that he accepts full responsibility for going forward tl<"'m ..? Oc tob~r 21, 1980 August of 1979 ulltil tho working drawings were completed in May of 1980 at which time Ruilding Permits could have been applied for; however, he said they chose not to since they were not prepared to go to market. He said that had they known of the change the project wou1d have been challged and, had there been a two-parking space requirement, the build- ing design could be different as well as the parking solution. Mr. Oelschlaeger stated that it is staggering for him to say that they honestly and truly were not aware of the parking change and, as important as such changes are, it Is necessary that they keep abreast of them. He agreed that the two parking spaces could be accomplishcd but it would degrade thc quality of the product being created. Furthermore, he said that it has becn th~ir experience that there are some parking problems with respect to certain properties on Marco Island but that this has not been experienced in terms of parking for a condominium project. In conclusion, Mr. Oelschlaeger said that no issue is being taken with the par'klng requlrcmcnts but that they are addressing the Board on the basis of hardship, stating that they "got caught short" by a matteI' of a couple of weeks. He asked for the Board's cooperation on the matter. Assistant County Attorney Pires pointed out that the request being made is not for a variance but, rather, an administrative appeal from a decision of the Zoning Director. Basically, however, the same issues are being r'aised as would be in a request for a variance, said Attorn'~y Pires, which is "hardship". He said that the Board would have to make a determination as to whether or not a real hardship has been shown. He pointed out that the appellant has indicated that they can comply but that from an aesthetic or marketing standpoint they would find this difficult. He further stated that he can see no difficulty in upholding the ordinance as it is, pointing out that such ordinance was in effE'r.t Iii ;'vi/liSt, C1uvVt d ,,,vIlLi! pr'ivr' Lv Li!~ :>uullliLLil.l ur Lli~ iJ1dllS, there were advertised public hearings with regard to the consideration of the ordinance, and that public meetings were held in May of 1980. .1 There were no further comments forthcoming with regard to the mat- ter, whereupon Commissioner Brown moved, seconded by Commissioner Wimer and carried unanimously, that the public hearing be closed. 'MOK 056 PACEl21 &OO~ 056 p^CEl22 October 21, 1900 COfIJnissioner Archer stated that, in view of the datcs and start- times on the plans for the dcvelopment of thc projcct, he would move for approval of Petition A-80-4C, filed by Edward Grafton repre- senting the Deltona Corporation. He furthcr stated that he cannot see blacktopping the six acr~s which would be involved, noting that conserving as much green area and open spacc as possiblc has been tried in the past. He also said that it is unfortunate that the Corporation did not come back in to recheck but, in this case, he would much rather see 1~ parking spaces instcad of 2 spaces and have a blacktop area coverln!l all of the green space. The motion was seconded by Commis- sioner Brown and failed 2/3 with Commissioners Wimer, Pistor and Wenzel voting in opposition. RESOLUTION 80-225 RE PETITION V-80-14C, RAYN~K PEALTY, REQUESTING VARIANCE TO CONSTRUCT DUPLEX ON LOTS 26 AND 27, BLOCK 8, UNIT 1, NArLES PARK - ADOPTED Legal notice having been published in the Naples Daily News on September 28, 1980 as evidenced by Affidavit of Publication previously filed with the Clerk, public hearing was continued from October 14, 1980 for the consideration of Petition V-80-14C, filed by Raynak Realty, requesting a variance to construct a duplex on a 12,450 square-foot lot instead of the requ~red 13,000 square feet of land area, on lots 26 and 27, BlOCK J, Unit 1, Naples Park. Zoning Director Jeffory Perry referred to the Executive Summary dated October 2, 1980, as prepared by him, to explain the varidnce re- quest and the reasons why t,e petition is being recommended for denial by the staff, among them the fact that single-family residences can be constructed on each of the two lots. However, said Mr. Perry. a~ r.~~~d 1n tilt:: :;Uf(Ii-lio.F"i. theft: arc 5\iiii€ _~...._.,_......__^_ __......._....:..._ ..L.._ ........ ......._........... \.1'l"".\,AIU~\o.UII\"'~~ 1t..~""''''''III':J "'lie ;,UU-,;,.",UltUQIU depth of the lots and shape of the lots, when originally platted, which the Board may wish to consider in deciding whether or not to grant the, .:J, 550' variance being requested. October 21, 1980 Mr. Chester S. Raynak, Real Estate Broker, informed the Board that the purchaser of the lots is desirous of constructing a duplex and was unaware that such construction would not be in comvliance with the square-footage requirement until the application was made for a building permit. Mr. Raynak said that the density of the two lots will not be incrc~sed due to the utllization of both lots for the duplex and added that there will be no other variances needed for such construction. There were no persons registered to speak on the issue, whereupon Commissioner Ar~hel' moved, seconded by Commissioner Brown and unan- imously carried, that the public hearing be closed. There was a brief discussion regarding the land use in the subject area with Mr. Perry pointing out that the neighborhood is a mixture of duplexe5 and single-family homes. Commissioner Brown moved, seconded by Commissioner Archer and unan- Imously carried, that Resolution 80-225 with regard to Petition V-80-14C, be adoptp.d. ." ." ." ." ." ." ." :J, n r.: ~ "". ~ 9t:l 800K 055 PAGE 126 October 21, 1980 RESOLUTION 80-226 RE PETITION V-80-l6G, ALLEN B. & FRAN P. RUDICK, REQUESTING A VARIANCE TO CON~TRUCT A SIX-FOOT HIGH FENCE IN FRONT YARO ON LOT I, BLOCK J, CONNER'S VANDER~ILT BEAQI ESTATES - ADOPTED legal notice having been published in the Naples Daily News on October 5, 1980 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition V-80-16C, filed by Allen B. and Fran P. Rudick, requesting a variance to construct a six-foot high fence in a front yard of property located on Lot 1, ~lock J, Conner's Vanderbilt Beach Estates. Zoning Director Jeffory Perry located the property on the sketch displayed as being a corner lot fronting on Pine Avenue and Vanderbilt Drive. He said that the maximum height of a fence in a front yard Is limited to four feet ~y Section 8.16 of the Zoning Regulations. Attol'ney Phi~ip Hamilton, representing the petitioners, described the proposed fence as being aesthetically pleasing, ~ollstructed in a shJdow effect of cypress. The exact location of the fence was pointed out on the sketc~ as being that area shown In green. The reasons for the fence, said Attorney Hamilton, include privacy from persons using the nearby bikepath, security purposes, and the like. The petitioner has a further need for pri vacy because of her i ncurab 1 e i IIsomni fl pro- blem which is further aggravated by the lights from vehicles using Vanderbilt Drive, continued the Attorney, and pointed out that granting the variance for this purpose would not be new since a similar request wa~ approved by the Board previously. He presented a picture of that fence for the Board to view suggesting that it is not in the same ap- pealing nature as the one being proposed. Attorney Hamilton explained that a 6' fence would be more adequate than the permitted 4' fence for the purposes stated. Mrs. John R. leary, Vanderbilt Drive resident, stated that she would have no objection to a 4' fence; however, constructing a 6' fence would take away their view from across the roadway. The Petitioner, Mrs. Fran Rudick, addressing the previous speaker"~ objections, said that, since that re~ldence is two-story, the fence would not totally obstruct the view of the canal. She further pointed -1 October Ll, I~UU out the 1 ack of pri vacy along her property due to the recently con- structed bikepath :lnd walking path which she said would not be al- leviated by the erection of a 4' high fence. All registered opponcnts and proponents havi~g been hcard, Com- missioner Pistor moved, seconded by Conmissioner Brown and unanimously carried, that the public hearing be closed. Conmlssioner Wimer moved, seconded by Commissioner Archer and carried 3/2 with Conmissloners Pistor and ~Ienzel voting in opposition, that Resolution 80-226 with regard to Petition V-00-16C be adopted. At Commissioner Wimer's suggestion, Chairman Wenzel requested that the staff be directed to review the pertinent portion of the Zoning Ordinance and provide recommendations for solution to the type cf problem just ~~tcd upon. * * * * * * * ." :) aOOK 056 PACE127 eOOK 056 rACE 130 Oc tober 21, 1980 PETITION A-80-2C, WILLIAM J. ARVANT, D.C., APPEALING ZONING DIRECTOR'S DECISION PERTAINING TO LOCATION OF CIlIROPRACTOR'S OFFICF. IN "RT" ZONING DISTRICT - APPEAL GRANTED legal notice having been published in the Naples Dally News on September 28, 1980 and In the Marco Island Eagle on October 2, 1980 as evidenced by Affidavits of Publication previously filed with the Clerk, public hearing was continued from October 14, 1980 with regard to Petition A-80-2C, filed by William J. Arvant, D.C., appealing the zoning Director's decision that a chiropractic office is not the type of personal service establishment that should be located in an "RT" District. Chairman Wenzel explained that the petitioner was desirous of establiShing an office in an "RT" Zoning District but it was fl,lt by the Zoning Director that such use would not fit into that district and, therefore, the decision is being appealed. Dr. William J. Arvant was present to respond to questions, if any, from the Board. Conmlssioner Archer stated that, other than the fact that the Zonlna Ordir'lnce doe~ not include the particular use as a "permitted use" he, per~onally, has no prob]em with the request since the petition- er has stated that the service could be considered "personal service". COlTlTlunity Development Administrator Virta said that medical offices which he would be classified in with, whether of not the petitioner would agree, are not allowed in the "RT" District from a land-use standpoint. Responding ~o COlTlTlissloner Wimer's query about the zoning cate- gory for a hotel doctor - Residential Tourist or "GRC" - Mr. Virta replied that such office is not one which is open to the public, noting that he ha~ not, as yet, been called upon to make such deter- mination. COlTlTlissioner Wimer moved, seconded by COlTlTlissioner Brown and carried unanimously, that the public hearing be closed. Conmissioner Wimer moved, seconded by Commissioner Brown and ..? unar,imously carried, that Petition A8-2C, filed by William J. Arvant. D.C., be approved and the app~al ~e. granted. COll111issloner Pis1:or rllade the observation, with reference to the particular buildinU being discussed, that if the deli which opened in that location Is providing table service there i$ a lack of parking according to even the old ordinance requirements. Mr. Perry said that he was having the matter investigated this date. PETITION V-80-13C, MI THI VU, REQUESTING VARIANCE FOR PROPERTY IN TRACT 23, UNIT 30, GOLDEN GATE ESTATES (PREVIOUSLY DENIED BY BCC) - TO BE SCHEDULED FOR AN APPEAL HEARING Pursuant to request by the petitioner, Commissioner Wimer moved, seconded by Cconissioner Archer and unanimously carried, that Petition V-80-13C, filed by Mi Thl Vu, requesting a side yard variance in Tract 23, Unit 30, Golden Gate Estates, previously denied by the Zonin9 Board of Appeals (BBC), be scheduled for an appeal hearing. PROPOSAL FOR MEETlNG REQUIREMENTS OF BEACH ACCESS ORDINANCE PRESENTED BY DE~ELOPERS OF NAPLES CAY PROJECT - REFERRED TO STAFF FOR RECOMMENDATIONS TO THE BOARD OCTOBER 28, 1980 Conmunity Development Administrator Terry Virta called the Board's attent:~ln to the Executive Summary dated October 9, 1980, as prepared by him, w~ich, in addition to a number of consideratinns with regard to satisfying the requirements of the Beach Access Ordinance by the Develop- ers of the Naples Cay project, also contains the staff recor.mendation, as follows: The Board accept the alternative suggested by the petitioner in lieu of access point 49-25-16A and 16B, provided that there is a written guarantee a,d necessary financial surety to ensure the dedication and improvement of Sea9ate Drive, as well as the proposed reach access parking, prior to the issuance of any building permits. He said that there have been some numerous discussions, and somewhat in- complete discussions, with representatives of Naples Cay and that there are four areas that they are asking provisos for in any agreement. These hitvr.:: l'....~ll Ji:)~u:):)t:J W1t.t'. the ,~:;:;i:,t~~t CCU:1ty .^.ttQrney. sairl Mr, V;rtil~ and that there are some problems which have been set ~:orth as Paragraphs 1 through 4 of his Memorandum dated October 20, 1980, copies of which.1 have been furn!:'"ed to the Board members, and which he read for consider- ation by the Board. Furthermore, continued Mr. Virta, a further proposal has been submitted in a letter dated October 20, 1980 from J.A. McElwain, '&0 OK 056 PAGE 131' , " .....~ ! J:.... , · .,~~~. O'56'~E 1.32 ... . ... ~ President of the Naples Cay Development Corporatio~which he said that October 21, 19t1U the staff has had no opportunity to review in order to determine its impact. Chairman Wenzel said that the most recent proposal, as referred to by Mr. Virta, "sounds good" and said that he would like the staff to review it and come back to the Board as soon as possible with recommend- ations pursuant thereto. Mr. Clinton M.T. Green, a member of the technical staff of the Naples Cay Development Corporation, stated his desire to have a decision this date, suggesting that the Board could approve the staff recommenda- tion with the proviso that they could elect to take the alternative at a later date. County Attorney Pickworth stated that he has no prOblem with the concept of parking places being furnished instead of access points, noting that people can differ as to which of the two are more in the ~ublic in- terest: however, he said that the staff is not prepared to recormlend the mechanics of it at this particular time. Attorney Pickworth said that it is the Board's decision to make as to whether or not to deny the proposal. with the statement that they will be required to comply with the pertinent ordinance, at the same time allowing them to continue to work with the staff to come up with an alternative. Commissioner Plstor commented that it would. be impossible to make a decision at this time, due to the unknowns involved, and moved that the matter be continued. The motion was seconded by Commissioner Brown and carried unanimou~ly. Mr. Green asked that the Board reconsider their decision with the comment that they have worked with the County for a long time and en- countered nothiilg out delay after delay. He observed that one of t;h': acce~s ::,1 ~,!"!s ':01J1 d b~ ~rrr0\1prl ~lJhjpr:t t.n i t.; (\r.r:prt~h; 1; ty ny th@ staff, with the additional conrnent that the Board is leaving the petitio~- Beach Access Ordin~n~e. er with no alternative but to go to court for a declaratory action on ~e . " ~" 1-\ October 21, 1980 There was additional discussion concerning the most recent pro- posal consistln~ essentially, of the developer providing $150,000 in fila tch I ng funds along with a 11 ke amoun t from the County for the con- struction of an elevated boardwalk, as detailed in Mr. McElwain's letter previously mentioned. The discussion covered such matters as whether or not DER permits could be obtained, whether or not the sums mentioned would be sufficient, and the like. Chail~an Wenzel reiterated his suggestion that the staff work with the developers and return to the Goard with recon~endations. Mr. McEJwain noted that they are scheduled on the agenda for Oct- ober 28, 1980 and that they would like to have a decision then, observing that their plans are ready for construction. He also said that two weeks previously there WdS a motion by Commissioner Wimer that the subject property be condemned, followed by a proposal to purchase the property. Co~nissiQner Wimer too~ exception to the statement that he moved to con- demn the property emphasizing that he did not do so. He suggested that the developer is attempting to alter the law with regard to beach access and voiced concern over the devel~per's threat to close off the present access. It was pointed out by Mr. McElwain that there are property rights involved; however, he s~id that It is their desire to make a contribution to the public's benefit and repeated that he would like the matter of the beach access finalized at the next meeting even if it is ~he decision to turn down their proposal. He also stated that the develop- ment must move for~ard with whatever remedies they have available, if any. Mr. McElwain stated that. in his opinion, it would be equitable for the County to release the building permits on the basis that the number of bui ldings planned for the site is not affected by the beach access issue, commenting that the first building is 1,000 feet away from the beach and beach access is, therefore, not relevant. Mr. Green concurred, requesting that the staff be directed to release the permits on the first building hoiding th~ remaining permits until the beach access issue is:J settled. '.. , . 800K 056*i~ BOOl< '. Octobcr 21, 1980 056 ~tt,13'4 Chairman'}lenzel suid that any decision will be based on the reconrncndations to be forthcoming at the next meeting which he said will be based on the fucts presented during toduY's hearing. It was Mr. Virta's observation that there are three areas in which the ap- plications for the building permits are deficient - the beach access issue being only one. Furthermore, said Mr. Virta, there has to be a permit for the total building before a foundation permit can be issued which is a factor which must be addressed. It was Chairman Wenzel's concluding conrncnt that the staff come up with their reconrnendatlons at the meeting of October 28, 1980. Submitted for the record was a letter dated October 17, 1980 from Arnold H. and Shirley ludwig urging that beach access be made possible at Naples Cay or, if at all possible, the purchase of the subject pro- perty. Luter in t~e sp.ssion R. Mark Winsor, North Naples resictent, said that he was appearing before the Commission in conjunction with the sign observed at NEples Cay that the beach was going to be closed due to the "Conmission's actions". He said that he is a user of the particular access and that he does not wish to lose his ability to continue to use it. He expressed his appreciation to the developers of Naples C~y for permitting the. use Of the access, noting that they have the prerogative of closing it off like so many of the other de- velopers have done, if they should so choose. There was a short discussion concerning the proposal by the de- velopers of the project with Mr. Winsor urging the Board to consider his conrnents when making their decision and stressing the desirability of retaining the area under consideration for beach access development in its natural state. EXCAVATION PERMIT NO. 59.116 FOR CONSTRUCTION OF DRAINAGE WORK IN S25, T48S, R25E, REQUESTED BY GATH, HlC. - APPROVED 'J . , Conrnissloner Archer moved, seconded by Conrnissioner Wimer and carried unanimously, that Excavation Permit.' No. 59.116, requested by , . , . ,., 'I 1 ' October 21, 1980 Gath, Inc., for construction of dr~inage work in Section 25, To~nship 48 South, Runge 25 East, be approved, as recommended by the Water r~unagement Advisory Goard, and as set forth in the Executive Summary with re~ard to the subject. CETA PUBLIC SERVICE EMPLOYMENT POSITION PRIORITY lIST FOR FISCAL YEAR 1981 - APPROVED Conrnissioner Archer moved, seconded by Corrrnlssioner Pistor and unanimously carried, that the CETA Public Service Employment Position Priority List for Fiscal Year 1981, as submitted by the CET^ Director, be approved with the following consideration to be met before funding said positions: The CETA Office would have the authority to deviate from the Priority List to stay within Federal and State Average Income Wage Guidelines. RESOlUTl ON 80- 227 A~lENDI NG BCC RULES FOR PERSONNEL PRACTI CES AND POLICIES GY ESTABLISHING A UNIFORM SYSTEM OF EMPLOYEE PERFORMANCE EVALUATION AND COMPENSATION - ADOPTED Commissioner Archer moved, seconded by Commissioner Pistor, that Resolution 80-227, amending the Board of County Commissioners' Rules for Personnel Practices ard Policies by Establishing a Uniform System of Employee Performance Evaluation and Compensation, be adopted. It was pointed out by County Manager Norman that the effective date of the Uni form Wage Adjustment, as set forth in the Executive Summary dated October 8, 1980 with regard to the Performance and Com- pensation Program, will be October 4, 1980 which is the beginning of the first full pay period in the new fiscal year. Upon call for the question, the motion carried unanimously. * .'J * * * * I ' ~ .. . .', I ' , " MI1r OSR ~r.rj.~ aoo~ OS6. PN;:E.i38 October 21, 1980 \. BID #409A FOR CON~TRUCTION OF HENDERSON CREEK WATER CONTROL STRUCTURES - AWARDED TO COASTAL DIVING AND MARINE CONSTRUCTION, INCORPORATED, IN TIlE AMOUNT OF $293,083.50 legal notice having been published in the Naples Daily News on August 7 and 10, 1980 as evidenced by Affidavit of Publication filed with thc Clerk, bids were received until September 10, 1980 with regJrd to Bid H409A for the construction of two water control structures ad- jacent to ~.S. 41 on Henderson Creek. Purchasing Director Frank Wilcox advised that it is the recom- mendation of the Public Works Administrator that the subject bid be awarded to the low bidder, Coastal Diving and Marine Construction, Incorporated, in the amount of $293,083.50, reserving the right to deduct $18,725.00 for the use of standard No.3 Rip-Rap supplied by MacAsphalt, Incorporated, if found to be an acceptable subst. ~:.;"e and approved by the County Engineer. Commissioner Archer ll''Jved, seconded by Commissioner Brc'Nn and unanimously carried, that Bid #409A, as detailed above, be awarded to CoasLal Diving and Marine Construction, Incorporated, in the amount of $293,083.50, pursuant to staff recommendation, dated 10/9/80, and that the Chai~an be authorized to sign and the Clerk attest the resulting Agreement. BID #459 FOR TRANSPORTING AND DUMPING OF MATERIALS TO FORM A REEF OFF MARCO ISLAND - AWARDED TO WOODEN HOMES, INC. IN THE TOTAL AMOUNT OF $17,556 Legal notice having been ~ublished in the Naples Daily News on September 19 and 22, 1980 as evidenced by Affidavit of Publication filed with the Clerk, bids were received until October l4, 1980 with regard to Bid 1459 for transpOl.t i ng and dumpi ng materi a 1 s to form a reef off Marco Island. C0n1T1iSS10ner Archer moved, seconded uy CUllllli:>:>luru~r PisLur <llld unanimously carried, that Bid #459 for transporting and dumping mater- ials to form a recf off Marco Island be awarded to Wooden Homes, Inc.. '), in the amounts of $13,850 for Project One, and $3,706 for Project Two,:'" totaling $17,556, pursuant to staff recommendation dated October l6, 1980, and that the Chainman be authorized to sign and the Clerk attest the resulting Agreement. October 21, 1900 URBAN FORESTER CHRIS ANDERSON CO~IMENTS ON ANNUAL ACTIVITIES REPORT Urban Forester Chris Anderson was in attendance at the meeting to respond to questions, if any, from the Board with regard to the Annual Activities Report submitted recently pertaining to activities in Collier County. He explained that the District Forester had planned to attend but was unable to do so; however, Mr. Anderson said that the Forester would like to speak to each individual Commissioner at a later date. The matter of Controlled Burning was raised by Chairman Wenzel, noting that a situation where such burning had gotten out of control was reported in the news media recently. Mr. Anderson said that he had no knowledge of such prOblem in Collier County, adding that, so far, there have been no troubles with Controlled Burning activities. * * * RECESS - TIME: 12:02 P.M. - RECONVENED AT 2:08 P.M. The afternoon session reconvened at 2:08 P.M., with Commissioner Wenzel absent; Commissioner Archer presiding as Vice Chairman; and Deputy Clerk Davidson replacing Deputy Clerk Brenneman. * * * AGENDA TO INCLUDE DISCUSSION RE BEACH ACCESS UNDER BCC REPORT Commissioner Wimer requested that he be afforded time on today's agenda, under the Board of County Corrrnlssioners'. Report to discuss beach access. Vice-Chairman Archer polled each attending Board member and noting that there were no objections voiced, stated that he shall have the requested time. CONSTRUCTION CONTRACTS RE MARCO SEWER PHASE I IMPROVEMENTS - APPROVED County Utility Director lrving Berzon explained that the plans are prepared regarding the Marco Sewer Phase improvements; that the relevant contracts have been approved by the FmHA; and that with the exception of a letter from the bond counsel advising the FmHA that the :J 40 year ta~~ :ut for a portion of the loan is appropriate, the County is ready to issue a "Notice to proceed" for construction. He said that he has reason ~o believe that this letter from bond counsel should be 1n . -f' f. , 6ooK' 055:~ 139 ~ Octobcr 21, 1980 aoO('. ,056 'i'tI~E.,i40 " , the h.lnds of the FmliA by tomorrow and once that is available, the County will be In a position to issue the notice and move ahcad with the subject project. Mr. Berzon said that he is recommendin9 that the Board approve the construction contracts* that have been reviewed by the FmHA and Commls- sioner Pistor so moved, se~onded by Commissioner Brown and carried 4/0, with Commissioner Wenzel absent. *Contracts not submitted to Clerk this date. "NOTICE TO PROCFED". RE MARCO SEWER PHASE I IMPROVEMENTS - AUTHORIZED FOR ISSUANCE WHEN SO PERMITTED BY FMHA Commissioner Pistor moved, seconded by Commissioner Brown' and carried 4/0, with Commissioner Wenzel absent, that the "Notice to Proceed", be authori zed for issuance when so permitted by FmHA, as "':(..orrr,l~nded by Utility Director Irving Berzon, regarding the improvements for Marco Sewer Phase I project.' AMENDED FMHA LETTER OF CONDITIONS RE MARCO SEWER IMPROVEMENTS PHASE I - APPROVED: CHAIRMAN AUTHORIZED TO SIGN LETTER OF INTENT TO MEET CONDI- TIONS OUTLINED WITHIN SAME Utility Director Berzon explained that he has received an amended Letter of Conditions from the FmHA, regarding the FmHA Loan of $1,900,000 for Marco Sewer Improvements Phase I, in response to his request to alter the original conditions of said loan. He said that the original conditions included the repayment of the entire amount by assessments against the benefited properties, over a 20 year period at 5%, and the amend~d conditions include the use of $294,000 of the original loan funds for non-assessable portions of the project, including force mains and lift stations; this arrangement permits the non-assessable portion to be repa i d from opera t i ng revenues over a 40 yea r peri ad, theretj'. holding the applicable rates down to their present level. Mr. Berzon recommended tha t the Board approve the ;lbove- referenced amended Letter of Conditions and that the Chairman be authorized to s~~n a Letter of ;~tent to Meet Conditions, as outlined in the October 9. 198u letter to the Bee, from FmHA Distr1ct Director Frank Duval, Jr. l __ __... ./ October 2l, 1980 Conmlssionel' Pistor moved, seconded by Corrrnissioner Brown, ilnd ca rri ed 4/0, with Contnl ss i oner Wenzel absent, that the amended FmHA Letter of Conditions, as described by the Utility Director, be ap- proved, anrl thilt thc Chairman bc authorized to sign a Letter of Intent to Meet Conditions, outlincd therein. Form FHA 442-46 (Rev, 1-9-69) UNITED STATES DEPARTMENT OF AGRICULTURB FARMERS 110MB ADMINISTRATION LETTER OF INTENT TO MEET CONDITIONS Date October 21 . ...L9.1l..O.- TO: Farmcrs lIome Administration United Statcs Dcpartment of Agriculture 3323 North Kay Drive, Suite 8 North Ft. Myar!l, f'1orid<1. 3390:; (Co""IJ Offia AcM rrIl) AUGUST 2, 197,Q We have reviewed anLl unJerstand the conu~tions set forth in your letter datcd AND 1'HE lJ>fr.'NDUE'NT OF CONDITIONS DATED 10/9/eO It is OlJr intent to meet all of them not latcr than 90 days Board of County Commissioners, Ex-Officio Governing Board of the Marco Water and Sewer District Collier County, F10rida ~- TNa~22l1on)" ,-- ~A~ ~~ ~lifford Wenzel , Chairman (T IIlel , :J FilA 442-46 (Re... 1-9.( . Iii" Oc~~ber 21, 1980 " BOOI< 05& P.\Ct" 42 ,. PllOPOSEO INTERIM FINI\NCING AGREE~:[tIT WITH SOUTHEASTERN MUNICIPAL BOIlDS, INC., RE ~IARCO SEWER PHASE I Ij~PHOVEMENTS - APPROVED FOil CHAIRMAN'S SIGN^TURC SUOJECT TO RECEIPT OF FINAL DET^ILS ^ND CONCURRENCE OF COUNTV ATTORNEY, FISCAL OFFICER, AND UTILITY DIRECTOR REGARDING APPROPRI^TENESS THEREOF Utility Director Berzon cxplained that he has received an offer from Southeilstern r~unicipal Bonds, Inc., in the fonn of an agreement which thcy have signcd, offcring to purchase the bond anticipation notes re Marco Sewer Pha5e I Improvements, at 7\:;% and they intcnd to reinvest these at approximately 11\:;%. He said that the County has provided said firm with a "draw down schedule" which the contractors for the projcct are anticipating, and, although the exact "net rate" of this borrowing is not available dt this time, he is sure that it will be less than the i n it i a I 7~% . Mr. Oerzon asked the Board to approve the financial arrangements for interim financing regarding the Marco Sewer Phase I Improvements, as offered from Southeastern Municipal Bonds, Inc., subject to review and concurr~nce of the final details, submitted in writing from said firm by the County Attorney, the Fiscal Officer and himself. He added that he is recorflTlenr1i ng tha t the Cha i rman be authori zed to execute thi s Agree- ment with Southeastern Municipal Bonds, Inc. upon concurrence by the three that said details are appropriate. Commissioner Plstor so moved, seconded by Commissioner Brown and carried 4/0, with Commissioner Wenzel absent. EXPENDITURE OF UP TO $3,500 FROM THE GENERAL FUND FOR AN OUTS IDE RATE ~ONSULTANT STUDY RE GAC UTILITIES (GOLDEN GATE DIVISION) RATE INCREASE REQUEST - AUTHORIZED Upon the recommendation of Utility Director Berzon, and after hear- ing from residents Mrs. Roberta Kikut and libbie Wilber, who live in Golden Gate, that they are opposed to any rate increa5e, as they both feel that the present rates are sufficient, Commissioner Brown movea, seconded by Corrrnissioner Pis!.()J' dlllj I.:drTit:u 4iO, that up to j,3,5uu tram the General Fund be authorized for payment to an out~ide rate consultant 'J, for conducting a study regarding the request from GAC Utilities, (Golden' Gate Divisiun) for a rate incr2ilse for sewer and water service to the Golden Gate Area, for present~tfon to the board prior to their considering GAC's application for sai~. increase. October 21, 1980 o JOINT RESOLUTION NO. CWS-80-12 AND NO. \{.80:'228 AUTHORIZING THE AC- QUISITION BY PURCHASE OR EMINENT DOMAIN OF PJ\OPERTY SELECTED AS TIiE SITE FOR TIlE COUNTY REGIONAL WATER SYSTEM TREATMENT PLANT - ADOPTE~ Utl11ty Director Berzon referred to a drawing of the general location of the two si tes that were preferred by the County for the water treatment plant for the County Rcgional Water System, and said that these are the two sites investigated and appraised by the lnde- pendcnt land appraiser, subsequent to Board action at a previous meet- ing. He said that although both sites have been appraised at $320,000, and are both approximately 26.6 acres in size, the consulting engineers have prepared their recommendations and are in favor of the most north- erly parcel, located in Section 35, Township 49S, 1ange 26E, situated north of the proposed 1-75 right-of-way and south of Golden Gate Canal. Mr. George Hermanson, of CH2M Hill, \,hich Is the firm dr.-signing the Regional Water System, referred to a letter dated October 21, 1980, in which he lists the reasons for recommending the acquisition of this particular piece of property, rather than the closely proximated parcel to the south, indicated on the above-referenced drawing as colored in yellow, and referred to as parcel "8". Mr. I'ermanson recommended parcel "A", indicated on the drawing as colored in red, because: 1. The proposed 1-75 construction adjacent to the south- erly site will potentially cause prOblems during the construction phase of ~he water treatment plant, all of which will be avoided or minimized with the norther- ly site. lhese problems associated with the southerly site include: increased difficulty in providing access for construction ve!'icles and personnel j potential dif- ficulty in locating incoming and outgoing transmission mains; and other problems associated with the timing of construction of the two projects. Although, these pro- blems are difficult to quantify at this time, they could be significant enough to cause considerable additional costs and delays in the completion of the plant at the southerly site. 2. The northerly site will result in a significant cost 5.::-:i:'1';5 si!":c~ the fut'.lre (llltonino 10-inc:h trilnsmission main to the north will be reduced in length by approxi- mately 1,200 feet, with a resultant cost saving of about $72,000. In addition, with the southerly site, if the County landfill access road is not completed in time for the water treatment plant, the northerly site will have .1 lower requirements for access road construction. This wou~d amount to about 600 feet of access roadway with a resultant savings of about $15,000. ; *I:~ . n~'ir' :.t.~ October 21, 1980 eoOK 056 rm 144 Mr. Ted Smallwood, also from CH2M Hill, concurred with the rea!;oning for reconrncnding parcel "A", indicating that while both parcels are of equal value, the recommendation is based on the lower cost of construction. He also mentioned that there will be less chance of conflicting construction between the treatment plant and ':.:,at connected .....ith the construction of the 1-75 interchange when the latter begins, if parcel "A" is acquired. Commissioner Pistor asked Mr. Smailwood if the alternative of drawing water from the Gold~n Gate Canal system for a source of fresh water is still being entertained, and Mr. Smallwood said that while this could be done, it is antici~ated that eventually the County will draw fresh water from wells belonging to the County and constructed in the Eastern portion of C'e County sometime around 1985 'lr so, and that In the meantime, the City of Naples raw water line will be tapped. He said that the acquisit!on of parcel "A" would not negate the pos- sibility of flexibility in the future proposed plans and, in fact. would lend itself to such a method of supply from the subject canal system, due to its close proximity to the Golden Gate Canal, if the County shvuld choose to do so in the future. Mr. R. Mabey, one of the members of Trust No. 50-990 at Barnett Bank, which owns parcel "A" and a portion of parcel "B", sp6ke in op- position to making the final decision today. He said that he is one of seven principals of said trust and that some of these gentlemen have not even been notified 0.. the County's intent regarding this pro- perty. He respectfully requested two weeks time in which to locate and notify all principals, and to meet and negotiate with the County regard- ing the acquisition of said lands. He stated that while he and his associates intend to be cooperative with the County, he would like the opportunity to recommend alternative c;itp", in~ll/liin~ thp nn.. r..fprrprl to as site "B", of which he and his principals own a portion. He said that the property in question is presently being negotiated for with respect to development and that he feels there is a need to study alternatives to acquiring parcel "A". He further stated that he h~s :r October 21, 1980 not been approach~d by anyone from the County regarding a purchase price and, In fact, has only become aware of the intent of the County regarding this property within the last two weeks. Mr. Mabey said that the State has already taken property from the Trust for the 1-75 interchange, and that the principals involved should he given the opportunity to discuss this proposed acquisition. There was some discussion regarding the qualifications of Mr. Donald R. Johnson, the gentleman who did the sUbject appraisals. Com- missioner Archer asked Mr. Pickworth if there would be a need for anott',er appraisal. in light of the fact that Mr. Johnson is not a M.A.I. and Mr. Picy-worth said that the lack of this degree is not the determining factor, rather, there may be a need by virtue of the fact that the acquisition may go t:'rough the courts and then substantiating appraisals may be needed. He $aid that Mr. Johnson's qualifications are sufficient. Mr. Pickworth stated that he has been told thJt there is a prohlem with waiting an additional two weeks to come to a decision, in that time is of the essence, and that it is imperative that the engineers be given the opportunity to begin their work related to the specific site as soon as posJible in order to move forward with the anticipated schedule for the construction of the Regional Water System. He said that he has been requested to prepare a Resolution which will authorize the acquisition of the parcel referred to as parcel "A", and that same acquisition will be either done through negotiations and purchase, or through eminent domain, and ultimate condemnation. He said that the adoption of this Resolution will not negate the possibility of continuing with negotiations with the principals of the subject Trust, and tha~ it would probably take four to six weeks to get a date set in the Courts, for the condemnation process, thereby giving ample time ;Jr Mr. Mabey to contact his as~ociates cHIU I,;Ullle Lu Lenll:> r'.:ydfJiIi9 th.: jifO- posed negotiations. Conrni ssioner Brown moved that the County Attorney be authorized tlY pref'...I'~ the proper documentation regarding the condemnation, and that the Resolution designating Parcel "An as the selected site for the treat- ment plant for the County Regional Water System and authorizing the acquisition of said lands be aoopted. Commissioner Plstor seconded the motion. .... n~~ _ ",n:::: . , ---:, I) MOK C56 f.~aEi46 October 2l, 1980 Vicc-ChJlrman ^rcher read the proposed Resolution in its entirety, and Mr. SmJllwood stated that he fJvors the Jdoption becJuse it Is most important to expeditiously pursue the acquisition of said lands In order to meet the schedule for the construction of the treatment plant. Messrs. l3erzon and PichlOrth agreed. Mr. Mabey objected, adding that he could not see the necessity for rushing into this, as he only learned of the entire matter less than two weeks ago himself. He said that he was not directly approached and found out quite by cha~ce himself and, therefore, feels that if the Board adopts a resolution to begin condemnation proceedings for his land, his rights are being "cut out". Corrrnissioner ^rcher said that he understood how Mr. Mabey felt, however, the BOJrd must move forward with the Regional System as it has commitments to meet regarding the City/ County water agreement, and that negotiations will be commenced with the pri nci pa I s of the prorerty i',nd that if tp.rms cannot be reached tha tare satisfactory to both sides, then, the County will go ahead with the condclTona t ion. There was a lengthy discussion regarding the fact that Mr. MJbey claims to not have been notified, while the owner of the other property, (Parcel B) was, and that he could not get a telephone call through to Mr. Berzon, nor had he had his calls returned, while he understands th~t the other owner has had some four meetings with Mr. Berzon. Mr. Berzon said that he did not know tha~ these two parcels were to be considered until about three weeks ago and at that time he did not know who the owners were. Also discussed was the concern that Co~nissioner Wimer voiced with regard to the short tim~ that Mr. Mabey has had to discuss thi s with his pri nci pa 1 sand Mr. Berzon stated tha t he has tri ed un- successfully for more than three days to telephone Mr. Mabey. He said that he realizes that things have moved sw~ftly, however, time is of the essence. the Bee to negotiate with the principals of the subject property, referred to a:o fiarcel "A", and that condemnation will be a secondary option, if negotiations are not successful. -'1 '" '1 October 21, 1980 Upon call fer the question the motion to adopt Joint ResolutiQn CWS-80-12 and No. 80-228, authorizing the acquisition of the site located in Section 35, T49S, R26E, referred to as Parcel "A", and indicated on the drawing as that which is colored in red, which Is the most northerly of the two alternate choices and is being recommended by CH2M Hill, carried 4/0 with Commissioner Wenzel absent. * ,It * * * * * * * * * * , n~~ ~,,~ ~ ....., .') BnOX ,A 055 'pmi50 . ' October 21, 1900 RESOLUTION CWS-80-11, APPROVING PLANS, SPECIFICATIONS, COST ESTIMATES AND SCHEDULED PUOLlC HEARING OU NOVEI1BER 10, 1900 RE COUNTY REGIONAL WATER SYSTEM ASSESSMENT DISTRICT NO. 1 AND ALSO REAFFIRMING RESOLUTION NO. C\oJS-80-10 - ADOPTED; PRELlH[NARY ASSESSMENT ROll, MAPS, DMWINGS, RE SlIME ASSESS.r.1ENT DISTRICT - ACCEPTED rOR TIlE RECORD Conrnissioner Pistor movcd, sccondcd by Corrrnlssioner Wimcr and carried 4/0 with Commissioner Wenzcl absent, that Resolution CWS-80-11, approving plans, specifications, cost estimates and scheduled public hearing on Uovember 18, 1900, re the County Regional Water System Assess- ment District 1, also reaffirming Resolution No. CWS-80-10, be adopted; that the preliminary assessment roll, maps, and drawings as submitted by the Utility Director be accepted for the record; and, that thc Clerk be authorized to advertise sulJject public hearing as specified within said resolution. * * * * * * * * * * :) " * October 21, 1980 ~EXECUTION OF PARTIAL SATISFACTIO:I OF JUDGMENT ,RE LAW SUIT OEn4EEN AMERICAN AMBW.ANCE AND IVEY'S SUPERIOR SALES, INC., APPROVED County Attorney Pickworth stated that the law suit involving American Ambulance against Iv~y's Superior Sales, Inc. and Shcller- Globe Corporation on account of difficulties encountered with an '{.... ambulance acquired from these firms has becn settled. 'He said that the Circuit Court, on July 2, 1980 entered a Final Judgement which ordered the Dcfendant Ivey's Superior Sales to pay $3,000 to American Ambu 1 ilnce and Co 11 i cr County for cas ts and loss of use 0 f defecti ve electrical charging system and on August 12, 1980, a check in the amount of $3,642.72 was submitted to Collier County by Charles Holley, Attorncy for Collicr County and American Ambulance, in compliance with said order. Mr. Pickworth said a second portion of th~ order, specifically, the order for same firm to replace the electrica~ charging systcm has not becn completed at this time, therefore, he is recommending that a Partial Satisfaction of Judgment be executed. Comniissioner Pistol' moved, seconded by Commissioner Brown and carried 4/0, with Commissioner Wenzel absent, that the above-referenced Partial Satisfaction of Judgment be executed. * * " * .. + * * * :J, 'III.' .. ' * n~'('\. ...' ,..,... October 21, 1980 .. BOOK, 056 rME 158 'SATISFACTION AND RELEASE OF CLAIM RE WORKERS CO~IPENSATION CLAIM IN TIlE AMtlJNT OF $9,500 APPROVED FOR EXE~UTION BY THE CHAIRMAN Upon the reconTnendation of County Attorney Pickworth, Conrnis- ,sioner Pistor moved, 5econdcd by Commissioner Brown and carried 4/0, with Conrnissioner Wenzel absent, that the Satisfaction and Release of Claim regarding John Short, a County employee who received \~orkers compensation benefits In the amount of $9,500 and subsequcntly re- covered compensation in a settlement from Patrick Brennan Teed, be exccuted by thc ChaIrman because thn worker~ compensati~n benefits have been repaid in full. * * * ... * * ... * * * ... :J. October 21, 1980 ~~-~ ROUTINE BILLS - APPROVED FOR PAYMENT Commlssloncr Plstor moved, scconded by Commlssioncr Brown and carried 4/0, with Commissioner Wenzel absent, that the bills, having been processed following established procedure, be approved for payment a~ witnessed by thc followinD checks issued from October 15, 1980 through October 21, 1980: ACCOUNT 'BCC - CETA COUNTY CHECKS CHECK NO. 4177 - 4362 509 - 938 INTENT OF BCC REGARDING PREVIOUS APPROVAL OF'EXPENDITURE FOR ENGINEER- ING DEPART~tENT RE SURVEY EQUIPMENT AND SUBSEQUENT ADOPTION OF BUDGET AMENDMENT NO. 80-178 CLARIFIED AS HAVING ACCEPTED THREE PROPOSALS FOR ?AID EQUIPMENT IN LIEU OF FORMAL BIDS At the request of Fiscal Officer Harold Hall, Commissioner Pistor moved, seconded by Commissioner Wimer and carried 4/0, with Commissioner Wenzel absent, that the intcnt of the Board of County Commissioners regarding action taken Guring a previous meeting rcgarding the approval of the expenditure by th~ Engineering Department for survey equipment and the Board's adoption of the relevant Budget Amendment No. 80-178, is clarified as having accepted three proposals for the survey, equipment in lieu of formal bids. EXPENDITURE OF $8,300 RE EAST NAPLES FIRE HYDRANT DISTRICT ENGINEERING COSTS FROM THE GENERAL FUND AUTHORIZED AND INTENT OF Bee CLARIFIED Commissioner Pistor moved, seconded by Commissioner Wimer and carried 4/0, with Commissioner Wenzel absent, that the expendlt~re of $8,300 for engineering related costs for the East Naples Fire Hydrant District be authorized and that it is the intent of the Board that this sum shall be funded through the General Fund, as recommended by Fiscal Officer Harold Hall, who previously explained that thl~ money will be repaid to the General Fund at a later date. :J L __j October 21, 1980 "., <INTENT OF OCC 'EARLIER TillS DATE WilEN APPROVING MINUTES OF SEPTEMBER ~3~0~R1FIED TO INCLUDE TilE APPROVAL OF TODAY'S AGENDA Chief Deputy Clerk Hall explained that there was some confusion this morning at which time the Board acted on a motion and second to approve the minutes of September 23, 19BO. He said that he believed the intent of th~ Ooard was to also approve the agenda for today's meeting, and asked for a clarification of the Board's intent regarding same. After a brief discussion it was motioned by Commissioner Brown that this morning's action regarding the approval of the September 23, 1930 minutcs wa~ intended to also include the approval of the agenda for today's meeting. Commissioner Wimer seconded the motion which carried 4/0, with Commissioner Wenzel absent. OUDGET AMENDMENT NO. 80-193, A YEAR-END CLOSING BUDGET AMENDMENT FOR ALL FUNDS AND ORGANIZATIONAL UNITS BUDGETED ALL OR IN PART BY THE BCC - ADOPTED IN VARIOUS AMOUNTS, AS SUBMITTED BY FISCAL OFFICER Conmissioner Pistor moved, seconded by Commissioner Brown and carried 4/0, that Budget Amendment No. 80-193, a "year-end closing" budget amendment for all funds and organizational units budgeted, all or in part by the Board of County Commissioners, be adopted in the various amounts, as submitted by the Fiscal Officer. * * * * * * * * * * :1 October 21, 1900 'c. I3UDGCT N1UlDt1U1T NO. eO-l'J4, THANSFErlRItlG FUNDS AllO JIPPROPRIATC REVENUE TO COVER COST OF ENGINECRING FOR EAST NAPLES FIRE HYDRANT DISTRICT - ADOPTED IN THE AMOUNT OF $0,300 Conrnissiollcr Orown moved, seconded by Commissioncr Pistor and carried 4/0, with Commissioncr Wenzel absent, that Oudget Amendment No. 00-194, transfcrring funds and appropriate revenue to cover the cost of the Enginecring rclatcd to the East Naples Firc Hydrant MSTD, bc adopted in the amount of $0,300 and that the word "contingcncies" be stricken from same as thc source of funds, as recommended by Fiscal Officer IlJrold HJll. * * * * * * * * * It * ,* * i' * ~ ,+ . ,. :J ,~, O~tober 21, 1980 'MA I L PROCESS tHG SYSTEM AND SCALE - AUTHOR I ZED FOR PURCHASE; CHAI RMAN AUTHORIZED TO EXECUTE RELATED SERVICE AGREEMENTS; EXISTING MAIL PRO- CESSING SYSTEM TO [IE RETAINED [lY Bce RATHER TIIAN TRADED IN Fiscal Officer Harold Hall explained that the Board's present mall processing system Is old and in a state of bad repair, as is the present set of scales, and that he had anticipated it lasting through at least a portion of the upcoming year before having to replace it; however, with thc very heavy use it has been getting of late, it is quickly coming to the point'of need. He requcsted that the Board approve the acquisition of a new processing system identified as a Pitney Bowes 6120 Model, and a Model EMSlO scale. He said that Pitney Bowes is the sole source provider under state contract GS-00S-03294; that funds are available under General Aaministrative (05) account; and, that these funds have been buJgeted for the coming fiscal year. Mr. Ha 11 a I so recorrrnended tha t the Cha i rman be authori zed to exe;ute a Service Agreement for these two items, and that the present system be retained by the Board for use In emergency situations or perhaps to be uscd by another dcpartment. There was some question as to who owns the mail processing system, and Mr. Hall explained that although it is located across ~he hall from the Boardroom, in the Clerk to the Board's office area, the mail process system belongs to the Board of County Commissioners; that the system is used to process all departments' mail; and, that each user is charged for their outgoing mai 1 ing costs through departmental budgets. He referred to the system as a General Administrative function. Commissioner Wimer noted that he does not remember budgeting for the purchase of a new mail processing system for this upcoming year, and Mr. Hall said that it was intended to be a rental item, and was i nc I uded under "contracts" in Fund "05"; however, it has been deter- mined that this is not the most economical method, therefore, he is recommending that it be purchased rather than rented/leased. Commissioner Pistor moved, sec~nded b~ Commissioner Brown and ,) carried 4/0, with Commissioner Wenzel absent, that the purchase of above-referenced mail processing sY5tem and scales be authorized, and ..: BOOK 056 f^CE 190 f' October 21, 1980 ~that thc Chai rman be illlt.horl zed to sign the related service agree- mentsi the present mail processing system is to be retained by the l----~-?~~r~- J:.'[/fIJ~~-?"L. qA~.g,~ C\I,rI)YIIII ,,~cov...,...o I ""'''-'.l l~J [-J [I ", r:"'~:";l~ .4 ~ ~~~~~~~~ Agreement "",",,..0'"'' '" m.' (~3<~~?~!..?t!:f~. _!~ ..~_~:L~~~::~~[)~::~'. -?t;;-I--:;'~'/(? -1!c/~~---~-;-{j',-~~"---.~?k1'-.-:. ~ ~ ------------.- (;;[jL~~Ll~~_J..d!.Ll/ifu6,~,_!.t! . ~, .--- \ -' , ~g;.~.Ltf!0{~~0/..l-.~r1d.v'-I.--?:-I.J-, ~ i ~.M:;,:L-16-;{-'-...J.:!J j,yJ{?L. '..J _.J-'_;_~ . _~J1.~._L_L_.J._.L_-' -L-L.L.j_..1......l-..-1. , "" "'""" " ,,,"" 'j....,.:.<.;:... 1 ,;~::;~:;:"::;:;;-,,:; . :;~~ ' ."",,,,,. , AN NUA" -.-.--- -----. .. "r--r-i---:- , -t-- 4____ . l I I ' -;1 . '.A. ' ~ , J ' 1:1.d.f~_._. -- J---.- ..~'- .--)-----.--. ..:-.-',---~z!.-X:'{r-2:.Z.~r. '<!..<!.--l '7--:Y.J /;!,~~.../" ......... 1..__, - .:_....~...L.c.dl':(t~~.'-(--"_"~f,.::t/U' 8' I ! . ' , ,. _,_'---.i._ ~ _..____. .~~~~~t.-~~., . ..,] -',"'j_.__.._ i ------. i ,iIIO""" eM" ,.~........r.. ,......;;C;v'.iHJ....c "", ........,.u uJIICH ~ ...l..\I"I J4 ~- TOTALAN"NU"A-LCHARGE oj ...._/ I ...,,,.,........ To""\ ......,.., I,.........,.. -:-~....~:::; ,i$ 13;.:~d.:~"~:~~:~~~i~5;~y~~LI_~_L ~_LLLL.l-=::--' .~~:~~~._"~-- · ~ ~ ~;p:I:(<'eJ...;,r:;,;;;~/ !c,?('/.,;icc Chairm:m u,'" __1.017.4.1-80 t; ~1'))Q~s_P. Alrcher ~ J ,. .-.._,..... ......... ,..-:'-:;:...~."'~.".:.~):"'"'''''''"':'''~"''l.,I'!t''y~~~).::<;~F.~ ........,..ry......4>-T:1'....'M!;I~'").--.=-'Yl"--.~'~...,.....,'.;.,-,'-..... . _ ~;,~:..~.:-:..J::i~",#/..i!,W~'i~~~~~~:..~'Jot.:l:$L~ ., j'.l.~..~.~' ~~~~~.u~..'..:rlo.:. '..': '...-.~..~~ C~j.~~,(Z;':,..'~.~ ,de. '''' I ...1/2.d' ':: r.." ./i(~:?b(7 PI~.1\~, ~~n. r~l.lIn OR IGIN^L~"oI '"','' n rC',n,'in,nn cnpir, to our hr~nr.h o(foc~ ""V"~U~ ncfc~L,!~,ion' concerning Ihi, A,9! "~I,\.."2~l!'cJ'!!I...1.o..!I~.~~C..!:'!!!t.:, S."..I rc",It\~I'CC to O\lf home offIce ~ftr.1 rcce'~t of ~r' InVOICll, BCC, rather than traded in. F~.l!.:..~ Pitney Bowes "111 rr Equipment Maintenance o ~ ..J ..J CJ Pirn~y.Oo\Vc,. l,~c. nlJrl'l'S 10 pro"idj~ nl,lHlf('/I;lncc ser"tce ,"clud,"'J up 10 IWr) milintl'n,,'1ct c;\lI, Itnllll."y .1nd .nt("Hl1 c.llIs 41'1 rl:"uir.~d .11 Ih~ ,"u.ll1.1Iion ,w.hjr('u \r'lr.cift~d ,':IOVU on Ih,.. ['flWI"llrnt h'II:J. All ('II M!)!:s ,p~cl'i,:r1.HQ 1"0~l'! ~\,"r.'111'1 ill l'ffcc.t )1'<.1 ,"~ slIhj..'ct 10 ch;:mrlf" onl\'.1I llm~ of lotlh<,;l'quenl ')""".;11 r"~'l'\'Y..I. If thp. ch"'i)C$ .,rl' ifh,;,,,.HC'd the rutlOmC"r m.)y,~s or Ihe l'r(t'Clivc dJtc \)1 '\leh II1crl.".1H'. It'rmin.)!It Iht\ Ai)rccmc'll by .....uittcn nOl'er to Pi!Il<:Y Row~s. Olh~'Y"tj'e. lh~ "':w r.h.uge1 sh.,11 tlt~,o,n" I:U.'r.I",e IIpor, Iht d"le \pccif'NJ in I!I(' rcn"w;llln"t.lICt. fh.s ^lJre't'fT\CIlI" Illnll,.d 10 r.qlltpmcnl r(~q.J1..rlv op'~rat('d d'.lr.ng a 'Inl)lr I't,.-:hl t,OU' shlfl Dt'r d.tv 3nd ~Il Pitney Rnwl:\ calls hr.r!!undcr ,I.e rcuriet"d to P,;rlcy 00"""t."" normdl \'\'..rklluJ houn. n l'trlv ,'Il'l.:t' ", t'rlu'fl'T\~nt .: ',",;Ul.ldv npcr,'ltt'd uv.tnq mo,t lh.ll\ ('\nl;! "lllltl.hOI/' ,hilt per {l1v. a" IIICrc.l~~ ". .\/\I'ddl nJlv .......It .,p~..d... .\ r.>lli.>I.'tI' T,..o S""t! ~O""" Thr~. Sh,fn 10C"\. For (,."quipI1V',1 III \~fV'(~ LJ~yonr1 ('..." Vc;,n. heyond rlglH V~3r\ and h"',o"d t'1l!'...cn y~.u', 3" .ulo.n.'lIC cun.,,1,JII...e ,nc'~.a'! In ^"n\,.,1 nolle .".,,111 .'llpl,. iU fOliO.....', t''lct'pl in th(' C;tS~ (')1 sc"lc' Beyond ''''~ vl'('Jr\ 5-.. hl~yond ~....,'" yf'.lrs 7.~. h~\"or.d t'~c"'cn ,c::'r~ 10....... 5~'f...icll! ~)~r10""('U a1 the \Ih.'t.:,hc , t''lll l"!1 of 1l1e <:u\l()m~r. and which c.f)~nrnenc.t"s OI..llt'UCO I",tnl'Y BOWI'1 n('lfl'IJI ....orklllt) hOIl" or ,,"lcnd\ mOf~ IIl.m on.: hour flAU the clo\e of Iht" nnrm,,' f",:,,,=,y Gowt$ W011ql.lV will be c:h.lrgcd Jt nuuli'lhcd r,,111'1o fur SC'fVICl" tUlle ;lflO l''l~H:'''h', lH" Without cha.y.. for PM" t:ov'!"red h.,. tlH\ Aqr("('mt'nt Th~ (ollow,n~~ ',""'(('1 "rl' included; To ctcan. Oil. Ol.:!JUst a'~c1tH1 ...lCI1 p'f.'Cl" nl rflu.pmcnt (Iut il19 m.1inlcnanr:c or tnll'flm ,...ns. hHn.\l1lnu 311 nt'Ct.'H;l1 Y I'/b' '';;1'11\.10 pru",d.. .11""-' In\I,111 without lI:id'1,unJ' t.:hLlrq!:' 011 l.;Ur"",,1 e<1u.~lrn('nt &lIIV , {"(r.ll't'd poDll\ or .ns.embloe\ (new (I~ IUOCliQ""lIy l.ql......llcnt 1~t.'rCl01, O"H.' ,"p:.<<:<;1I1cl11 01 ""h'<.:h " m.x1l!' """CCU.lrv "\ IVHmal wt'~1r. .lllluUtng SC.,I~ C".lll .Id.llll:lt'Of\, 'l"'2~Jlrcd 10 rcllct1 PO'T~11 ,;t'C ch:InC)"\ r,"lS or :J"'~lhl.(', fl.)f dl\tOlll'tll.t'd l'q~lil'rl1Col Inot m.J,kcll~d 'V:\\' for 1(>" \r.t.,1 ......11 be rHl",,'deu '"11'1 .r ;:1l/i'llalJltt. All p.ln, 0' olUl..'ml,hl1!. ~,'~l!.t.f'd brcotn'~ ,11t' prop""rly of P,lnr.v 00....".". ~~//.<< ~ldi. (!./!l-X..JJ-J....J.-1-L.L.l_ 1-1----1-l.~ ~L. _l~ ...l...-..._l--L-.i..-l-L...L-l-J--L-L-.J._ Co"sum.,blr i1Ctn' 'uch ~S. bu1 I~O' limilC!rl 10. met~r 1.1"" and pl.ltC', rthbo/ls anu IJtl1, C('\pi~r flrlPCr, chemic.')I$..nd c.."rier,. Tit:kol ulher tvP~ or print..,!] ckml'mU, .1nd sr.ll'Colll;)inrtd IH~iU .JI1d o1l1"ch c:lCclucfN1 f,om rr.pl:Jt.:eml'!nr under lhis Agr,,'em,!.lt J\ ."e p..ru iJlld J rn;)d, ul1s.er'/'CColbl!1' due 10 nC;J!i~tnce. rnisu5e, e,tcmal force-s, loss 01 !"Ow!"r nr cu(t('u1 fluChJ;)1ion. etc. Or'!{lfnUm perloHnDnce 01 lher L'ClllilJmCI1I COVCHCt.! 1.)y Ihis ^gfff!ll' be r..pcc1I!'d onl\' II ,upplic, provided by. or meeti", the ~p(!ci hC,,)1 tons Bowu Me! u\ed, PIIO,"V Bow!!s ,h.111 hJve full find hue accoss 10 Ill. ~ to I"lrovidc 'erviC'~ thereon. 11 p~r10'1S Olhftr tho" Pllf1t'y Bowr\ r.prL:' I->cdorm mJ'''''. .Jllce or rcp.I"'. illld If .. rc,utl fur tht'I work is rCo! ,",.tlley UOW"l 10 rt'\lor~ the C~lUI~nl\..rll IU opel"lrfl~l t;OIIUiliofl. "Ul will be' billed al Pitne.,. Bow~' nl.Jblisl'erl1tm~ .,,,tJ mit:Ni,,1 (<11'" then For ,p.rv.CQ .'15 ..p~cilif!'d ;tbo". on rl1e rquipmC'''1 li.....d. the un. <tqfC'c.-' to pily in Ad\lance Ihl' tot.,1 .,nn..,.1 chargers) $fll".!ciliuc1 hclow I Oowc" Il'\c., in olccold.",ce wilh Ihe tnrm, ~('l"cif;"d (In th'l!' 1,)(:(" of th The('!' s.hJII he O\udcd 10 Ih~ eh;)(\,H" vrovitled lor In lhi, ^9rt'''mt'rH tMlu.,1 10 ""'1 ta'lt'\, howcvl:( lJc:'lgn.:J1CH1, '''....illl'd or bi15ed 0" such c on lhl' Ag~ct'm'~lq. or 01 Ihl~ ,,,r..,ICt'S rendered or f"la. u ,uppliotd Plttk. 10, illcludll'!l St1l1~ ar,rl Loc,)1 prt"dcg. or ,xci" I.1IC'" based on grOll "nd ,j"'V U.ll:1'S or OJml....\Jnt' 1f1 lieu 1hl!r..of p3id or pOJ.,.o1ble bv Pitney r(!'I,cCl 01 Ihe rorc9oiny. l!)t;Cllls.ve. however. 01 laxe\ b;"Lod on I\IJI Th. UndCfsigntttf rL'prf!~lmU th.t he i, 1hl!' Owner of Iht l11TUinnle, t c hiU thp. OwnQr't; ",~lIhorIlV 10 cnl1cr Into thi, Agreement. Tlu, Al}r'!emCl11 is. ,ubJ~cl 10 1Ct:r.ptill'lCe by Pi1ney.Bowe\. 1nc.. al OlfIC~, 11 1:)k." ~!'l:t1 1')1\ Ih.: d.H" wril1""n lJelo,^, and COIHinwl!'S in I (lnc year inc1 wdl nmHIlO ill fOrce thr.orrr.1fter. wtl'" wlom.:rtic annU3 0111 Ihll'n prc....<Ithnl'j r,I1!!S, unt,l c.1l'ccllcd in w"Ii"U by tilhQr P3t1Y. If ( thl'! Urlci1tfll.'d por1iOl1 of ,ny RdIJ,)nce IJnymcnt will be crrdi1~d 10 t"'e ( A - CUSTOMER COPY October 21, 1geO BOOK 055 r~~E 192 , .iNTERIM AGREEr~ENT RE MENTAL HEALTII CLINIC FOR PARTICIPATION IN <.CONTRIBUTiONS TO OPE nATIONAL OUDGET - APPROVED Fiscal Officer Harold Hall stated that he is recommending that the Chairman be authorized to execute thc Interim Agreement with the Mental Health Clini~ for participation in contributions to their operational budget as an intcrim action until such timc as the Fiscal Year 1980-81 Budget Is adopted. He said that,at that time, the total contributions will be adjustcd by the amount of funds forwarded during the period of thi~ interim agreement. County Manager Norman said that there was an error In the total amount of contributions as indicated In page 3 of the subject agree- ment, due to a recommended cut. of $5,000 being deductcd from the Mental Health Clinic's budget twice. He therefore requests that the figure be corrected to rcad $222,487. Mr. Hall agreed to make this cor- rcction prior to execution of the document if the Board chooses to autho~ize executiJn of same. Commissioner Pistor moved, seconded by Commissioner Brown and carried 4/0, with Commissioner Wenzel absent, that the Interim Agree- ment between the Board of County Commissioners and the Mental Health , Clinic as described by Fiscal Officer Harold Hall and as amended to reflect the total contract cost of $222,487, be approved and execution authorized. 1< 1< * * * :J '/r * . BaOl< 056' rACE 196 October 21, 1900 ~i~ITERIM ~'EMOR;\NDUM OF UNDERSTANDING RE VERIFICATION OF COUNTY CON- TRY OUT ION RE COLLI ER COUNTY HEALTH DEPARTMENT - APPROVED Fiscal Officer Harold Hall recommended that the Board authorize the Cha i llnan to execu te the In teri m Memorandum of Unders tandi ng re- gardln9 verification of County contribu~ion to the Collier County Heal th Department, which indicates the amount of contributions that will be mJde bas~d on the action of the Board on September 23, 1980, and on the anticipated contributions to be part of the Fiscal Year , 1980-01 budget when adopted by the Board of County Corrrnissloners. He said that this is an interim arrangement and that when the FY 80-Bl Budget is adopted, the figures will be adjusted accordingly. Corrrnissioner Pistor moved, seconded by Commissioner Bl'own and carried 4/0, with Commissioner Wenzel absent, that the Interim Memo- randum of Understanding regarding County contributions to the Collier County Health Department in the interim period prior to adoption of the Fiscal Year 198a-81 Budget, be authorized for execution. * * * * * * * * :J wax 050 rlWE198 October 21, 1980 ~. STAFF TO PREPARE A COMPREHENSIVE BEACH PLAN; RELATIVE ORDINANCES TO BE STUDIED FOR APPROPRIATENESS; PROPOSED CAPITAL IMPROVEr~ENT BUDGl:T RE DEVELOPMENT OF SAME PLM~ TO BE PREPARED: SAME PLAN TO INCLUDE ALL PERTINENT DATA, FIGURES, AND sunSTANTlATING MATERIAL Commissioner Wimer stated that he feels that the present Board of County Commissioners is undergoing a lot of difficulties in their ef- forts to establish proper and adequate beach access in Collier County because it was not properly acquired and established in earlier years by prior BCC's. He said that in view of the controversy being brought forth at this time, he Is recommending that the Board request the County Manager, through his various personnel, to develop a Comprehensive Plan regarding beach access, beach parking, and beach parks, for the entire County; that this plan include substantiating data regarding the need for same in the County. He further recommended that actual numbers and data pertaining to actual usage of the beaches, etc. be compiled, in ordcr to determine how much beach is required for the populati~n. He also a$ked that this complete development and comprehensive program be brought back to the Board along with a proper Capiti\l Improvement budget attached. He dsked that the County Attorney work with the staff Jnd review existing County Ordin~nces regarding beach access and parkS for any needed "updating" or changes that are deem~d necessary. He referred to the Beach Access Ordinance No. 76-20, and said that the BCC adopted same in good faith, and if anyone has any questiQn as to the constitution- ality of same, that they should test it in the Courts and a Judge should rule one way or the other. He said that he favors any person's right to "test" ordinances in Court, and that if there is a deficiency found, then the Ooard will amend that Ordinance; it is his intent to have pro- per and just ordinances in Collier County. He reaffirmed his feeling that to insure that probl~ms regarding beach access do not habitually come forward there is a need for a complete Comprehensive Beach Plan. Hearing no comments from the Board, r.~~issioner Wimer moved to instruct the Staff to prepare the aforementioned Comprehensive Plan in.1 the manner that he has outlined above. Commissionp.r Pi~tor seconded the motion. Octobcr 21 I 1980 4. Corrmissioner Archer clsked what time frame Conmissioner Wimer has in mind, and asked if his intent is to relate thl3 proposed beach ac- cess plan to the problcms with the Naples Cay dcvelopment discussed this morning. Co~nissloner Wimer said that this is not to be considered as any form of "delay" tactic regarding the problems with Naples Cay, and that he fecls that the controversy regarding the beach access at Naples . Cay will be long settled by the time the complete Beach Comprehensive Plan is dcvelopcd and adopted. He said that he feels that if this was done in prior ycars there would not be a problem to face today regarding Naplcs Cay; however, this is not the case. He said that this is to be cOf'lsidered as an "up front" and "open" movement to try to solve recurring beach access related problcm ,-elative to the beaches in Collier County; there is a lot of available bcach but not enough ways to get to it. An unidentificd woman in the audience asked if the beach plan is to be compiled on local year-long residents, or if it is to include the trJn~icnt population during the "season" and the "part time" residents that only live hE..re in the winter, months? Corrrnissioner Wimer clarified his direction to include all the people that use the beach of Collier County, not just the local residents, and referred to Collier County as a county that experiences a "floating" population. He said that his in- tent is to set up a formula for determining the heed for access to the beaches, as has been compiled In other counties along shorelines. Upon call for the question the motion carried 4/0 with Commi~s!0ner Wenzel absent. TAX COllECTOR AUTIIORIZED TO ISSUE DUPLICATE TAX CERTIFICATES NOS. 5699 (PHILLIP ELLIOTT) AND 199 (DISABATINO-MASSAGlIA VENTURES) Commissioner Pistor moved, seconded by Commissioner Brown and carried 4/0 with COJll1lissioner Wenzel absent, that the Tax Collector be authorized to Issuc DuplicJte Tax Sale Certificates in accordance with~ Petitions signed by Phillip Elliott (15699) dnd Disabatino-Massaglfa Ventures (1199). * * l\!11"!'( n:1R ..~,.~ i ~ '. ~ October 21, 1900 aoDX 056 "k202 CF.RTI F I CATES OF CORRECTI ON TO TilE TAX ROLL AS PRESENTED BY THE PROPERTY APPRAISER' S OFFICE - APPROVEO FOR CHAIRr~AN' S SIGNATURE Comnissioller Pistor moved, seconded by Comnissioner Wimcr and carried 4/0, with Commlssioncr Wenzel absent, that th~~followlng cor- rections to the 1979 tax Roll be signed by the Chairman: NOS. 600 606 .614 615 DATED 6/18/80 7/30/00 10/2/80 10/2/80 RESIGNATION OF BRUCE SHANNON FROM THE CHARTER COMMISSION - ACCEPTED Commissioner Pistol' mOVed, seconded by Commissioner Brown and carricd 4/0, with Commissioner Wenzel absent, that the resignation of Brucc Shannon from the Charter Commission be accepted. After a brief discussion regarding the need to fill said vacancy, during which It wa~ pointed out by Administrative Aide to the Board Mary Morgan that thc only rcmaining alternate member on the Charter Commis- s'lon is an altel'llate from the unincorporated area and not from the City as was Mr. Shannon, it was the consensw; of the Board that the staff should preparc the appropriate resolution appointing Earle Davis, the remaining altcrnate on the subject comnission, to fill the vacancy as a regular membcr, regardless of the fact th<'~ he is not a "city alternate", and that consideration shall be made regarding additional a1tcrnate membership. CETA CONTRACT r~DIFICATIONS NO. 1664 #1 AND #2 - APPROVED FOR THE CHAIRMAN'S SIGNATURE Commissioner Pistor moved, seconded by Commissioner Brown and carried 4/0, with Commissioner Wenzel absent, that CETA Contract Mod- ifications No. 1664 #1 and #2 be approved for the Chairman's signature. HOURS BETWEEN 6:00 P.M. & 8:00 P.M. ON OCTOBER 31, 1980 DESIGNATED AS 1 THE TIME FaR TRICK OR TREATING FOR HALLOWEEN < < The BoarJ dcsignated the hours for children to "Trick or Treat" on Halloween, October 3l. 1980, as being from 6:00 P.M. to 8:00 P.M., by affirmation. October 21, 1980 .cHA~\l3ER OF COM:'1ERCE REQUEST FOR !lCC TO CONSIDER COOPERATIVE EFFORT REGARDING COMPILING ECONO~'IC DEVELOPMENT SUMMARY - SCHEDULED FOR 10/213/80 AGENM Ms. Morgan reported that a letter, dated 10/21/80, from William W. McGowan, III, of the Naplcs Chambers of Commerce, requests the coopcratlon of the Board of County Commissioners in compiling related data for an Economic Development Summary. After a brief discussion, Conmissioner !lrown moved, seconded by Commissioner Pistor and carried 4/0, that this matter be scheduled on , the October 28, 1980 agenda for consideration. EXTRA GAIN TIME FOR INMATE NO. IDA #25163 APPROVED Commissioner Pistol' moved, seconded by Commissioner Brown and carried 4/0, that extra gain time of 36 days be approved for inmate IDA #25163 changing the date of release to November 14, 1980, as re- commended by Sheriff Aubrey Rogers. RESOLUTION NO. 80-229 AUTHORIZING THE CHAIRMAN TO SIGN AGREEMENT WITH DNP RE BOATINr. fMPkOVEMENT PROGRAM AND ACCEPTING T~RMS THEREIN Commissioner Pistol' moved, s~conded by Commissioner Brown and carried 4/0, with Commlssioncr Wenzel absent, that Resolution No. 80-229 authorizing the Chairman to sign an Agreement with the Department of Natural Resourccs regarding the Florida Boating Improvement Program and accepting the terms of same program, be ~dopted. * * * :J * * Jt * /" * ~"...... n~ '''~t' m~ BODX 056 rACE 210 October 21, 1980 iMEMORANDUM FROM COo~ISSIONER WIMER RE ENFORCEMENT OF ZONING REGU- LATIONS REGARD I NG OFF-STREET PARKI NG - SCHEDULED FOR DI SCUSS I ON 10/23/80 Commissloncr Wimer requested that his memorandum regarding the enforcement of thc zoning regulations relative to off-strcct parking bc added to the miscellaneous correspondence and scheduled for dls- cuss ion on October 28, 1980. REPORT OF RECEIPTS, EXPENSES AND NET INCOME RE FY 79-80 FROM THE CLERK - ACCEPTED. tHECK FOR $137,599.15 REPRESENTING EXCESS RECEIPTS - DEPOS ITED Fiscal Officcr Harold Hall noted that the Clerk has forwarded a Report of Receipts, Expcnses, and Net Income, regarding FY 1979-8~ for acceptance by the Board. He said that a check for $137,599.15, representing excess receipts, was also forwarded and that these monies have previously been deposited. REPORT OF RECEIPTS AND EXPENDITURES FOR FY 79-80 FROM THE SHERIFF - CHECK FOR $4,938. 15 R[PRESE~TING EXCESS RECEIPTS DEPOSITED Fiscal Offlccr Harold Hall rcported that a Report of Receipts and Expenditures for the Fiscal Year 1979-80 has been forwarded by the Sheriff for acceptance by the Board. He said that a check for ~4,938. 15 has also been forwarded which represents excess receipts, and that this sum has been deposited. CEMETERY DEEDS NO. 238 AND 240 IN LAKE TRAFFORD MEMORIAL GARDENS :,CCEPTED FOR TH[ RECORD FOLLOWING RECORDATION Pursuant to action of the Board January 10. 1978 will:!,'ein the Chairman was authorized to sign various deeds to lake Trafford Memorial Gardens cemetery lots as the need arises, the following Deeds No. 238 and 240 were recorded and filed for the record. . :J . . 'If 'If 'If October 21, 1980 noc~ 056 P^CE '2(~2 ~AISCELLANEGUS 'CORRESPONDENCE - FILED AND/OR REFERRED There bcing no objection, the Chair directed that the following correspondence be filed and/or referred to the various departments, as indicated: 1. letter datcd 10/14/80 from Uonita Shores and Little Hickory Shorcs Improvement Association, listing ob- jections to thc Flood Plain Elevations re~uired in their area. xc County Managerj Filed. 2. Monthly record of Juveniles incarcerated In the Collier County Jail for thc month of Scpt~mber, 1980 Filed. 3. Letter dated 10/14/80, from W.O. Uirchfield, past Chairman of thc Jacksonville Transportation Authority, uraing the BCC to encourage the pa~sage of the proposed amendmcnt to thc Florida Constitution re incrcasing the flexibility of the "second gas tax" for bonding and maintenancc, and forwarding copies of pertinent material. xc County Managcr; Filed. 4. Reports (May, June, July, and August) of the Naples Uay Man itori Ilg s tudi es, by the Colli er County Conservancy, and Mcmorandum dated 10/16/80 from Dr. Cox, County Health Officer regarding same. Filed. 5. Memorandum dated 10/14/80 from Edna Santa, Elections Supervisor, requesting a dctailed map depicting the proposed Marco Island Incorporation area, as dctailed in the legal description within Resolution 80-191. xc Planning; Filed. 6. Letter dated 10/6/80 from HUD regarding notice of a Legislative briefing in Atlanta, Georgia on October 27, 1980. xc Planning; Filed. 7. Copy of lettcr dated 10/i4/80 from Terry Virta, Com- munity Devclopment Administrator, to James E. Vensel, transmitting a TDR of one of 96 units approved under Petition TDR-79-1C. Filed. 8. Copy of lettcr dater. 10/8/80 to the Golden Gate Community Center Advisory Committee from Willard Griffity, Pres- ident of Golden Gate Civic Association objecting to the rental of the community center to the Musical Thcater, without consulting the area civic groups first. xc County Manager: Filed. 9. Memorandum dated 10/3/80 from University of Florida, Institute of Food and Agricultural Sciences re the "Agriculture in Transition" conference to be held Novem- I .,........... ....,....... ..... _.... _.. . t '. " . . UC::I 11-14, I~,,-~u III UQI11t:")'Illlt:. ,.IUI IUd, ""d.f1:)IlII"'l..III~ program, and information regarding reservations. xc Agricultural Agcnl; Filed. 10. DOT Notice re Rule No. 14-27, which would allow for 102" wide buses on t'r"avel lanes with a minimum 11 ft. width. :J xc Barksdale: Filed. II. Letter dated 10/8/80, from Department of Community Affairs, notifying Collier County that the application for Comprehensive Planning Assistance did not rank high enough to qualify for consideration. and forwarding a summary sheet re same ranking. xc Community Development; Filed. A.___.... October 21, 1900 <... 13. Copy of lctter dated 10/10/80 from Smally, Welford & Na1vcn, Inc.. notifying the County that the contracting firm of BrYilnt Elcctric will not be palc1 for work that has not met cOlltract specifications regarding the Immokalcc Hustc\~atcr Collcction System, restoration of County Ri9ht-of-way following installation of sewers. (Permit #2258A). Filed. Copy of a letter dated 10/13/80 from Gloria Topczynski, Art Teacher at Avalon Elementary School, complimenting Ms. Mary Manion, Muscum Director, on the recent presenta- tion she gave at said school. xc Museum; Pcrsonnel: Filcd. 14. Copy of letter dated 10/15/80 to Yahl Brothers Dlvisi01 of \~aste Management, Inc. from Mr. Barksdale, Publ ic Wllrks Administrator, notifying Yahl Brothers that the petitiu~ for a rate increase is bcing rcjected, as it is not In accordance with the Franchise Agreement, and that it will bc rcvicwed and considered when it includes and is based upon operating ddta through 9/30/80. Filed. 12. 15. Bill from Economic Devclopment Council of Collier County for Trustec Membcrship Dues for fiscal year 1900-81 in the amount of $1,000. xc H. Hall; Filed. 16. Lctter dated October 14, 1980, from State Historic Pre- scrvc~ion Officer L. Ross Morrell, indicating receipt of letter from Chairman rc Palm Cottage. xc Museum; W. Reagan; Fil ed. 17. Report regarding street lights added/removed in IlMlOkalee Lighting District for thc month of October, from Lee County Electric Cooperative, Inc. xc Bilrksdale: Filed. 18. Rcport regarding street lighL added/removed in Marco light- ing District for the month of October, from Lee County Electric Cooperative, Inc. xc Barksdale; Filed. 19. DNR Coustal Construction Permits (copies) re Francis Weber, No. 7B-P-210 (modification) and Pevely Dairy Co. & Chris Kerckhoff, No. CO-PlO-OO. xc Community Development; Filed. 20. Copy of letter dated 10/17/80 from Mark P. Strain, General Contractor, transmitting a copy of letter sent to Chief Jim Jones re BCC appointing a district fire marsh~l for the North Naples area, and recommending that lieutenant Jack Thompson of sdid department be so appointcd. Filed. 21. Letter dated 10/9/80 from Executive Director of the Area Agency on Aging transmitting the third trimester monitor- ing and refunding checklist rcport re Collier County Home- makcrs. xc County Manager; Filed. 22. Notice dated 10/17/80 from DER reqardin~ notice of with- drawal of proposed rule and tennination of rulemaking procedures (permitting, dredge, and fill rule, landward extent of waters) xc Engineering; Filed. 23. letter dated 10/13/80 from Environmer.tal Resource Consultants Inc., regarding a form transmitted for completion for the .'; purpos~ of development of noise control regulations. xc Communlty Development; County Manager; Filed. October 21, 1900 DOX 056 ~i~CE 224. '4; Letter dated 10/8/00 from Lynn K. nowning, Director. S~fety ~ Wcrkers' Compensatioll, Palm Beach County, r~que5ting infor- mation regarding thc position of Safety Supervisor. xc County Manager; Filed. Memorandum dated 10/6/80 from Dcpartment of Administration, Division of Retiremcnt, regarding the possibility of the developmcnt of a regional or satellite retirement office in South Florida and requesting an answer to questions rc same. xc H. lIall; Payroll; Filed. Memora"dum da ted 10/10/80 from HUD re Hous i ng Choi cc Pub- lication, Indicating samc is availablc for the sum of $1.50. xc Community Developn~nt. County Manager; Filed. Letter datcd 10/10/80 from College of Business Administration, University of Florida, requesting that a questionnaire be filled out and returned regarding change in taxation laws regarding mobile manufactured homes. xc County Manager, H. Hall, Sam Colding: Filed. Public Service Commission Notice dated 10/9/80 regarding Dockct No. 00058R-WS, Order No. 9591 (Order adopting Rule) xc Berzon; Filed. 24. 25. 26. 27. 20. 29. Monthly Departmental Reports: Call ier County Publ ic library (September); Building Department (September). Filed. Lette'~ rrom the follo~ing owners of property In Golden Gate Estates, indicating opposition to proposed rezoning in said area by the County; Arlene C. and Robert McDermott, 10/10/80; Emmett Cleuretson, 10/13/00; Judith l. Friberg, spokesperson for Committee for the Preservation of Personal Rights, Higganum, Ct., 10/14/&0; H.C. Vibber, reccived 10/20/80; Sophie George, received 10/20/80; Carol & Helen Franck, 10/14/80; and Russell Lynch, 10/17/80. xc P1~nning; Filed. Copy of mcmorandum da ted 10/13/80 from FI re Chi ef Dave Reeves. Golden Gate Fire Department, indicating his opposition to the deviation from the numerical grid system of streets In the Golden Gate Estates area because of the confusion that may exist related to emergency vehicles responding without the use of a map of the area. xc Planning, County Manager; F~led. 30. 31. There bei ng no fUl'ther bus i ness for the good of the County, the meeting was adjourned by order of the Vice-Chairman - Time: 3:28 P.M. BOARD OF COUNTY COMMISSIONERS/EX OFFICIO GOVERNING BOARD OF SPECIAL DISTRICTS UNDER ITS CONTRO~ CLERK :J ..... ,- ... '.