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BCC Minutes 11/18/1980 R Naples, Florida, November 18, 1980 LET IT BE REMEMBERED, that the Board of County Commissioners in and for the County of C,.,l1ier, and also acting as the Governing Board(s) of such special districts as have been created according to law and having conducted business herein, met on this date at 9:00 A.M. in Regular Session in Building "F" of the Courthouse Complex with the following members present: CHAIRMAN: VICE-CHAIRNAN: John A. Pis tor Clifford Wenzel C.R. "Russ" Wimer Mary-Frances Kruse David C. Brov.'T1 ALSO PRESENT: William J. Reagan, Clerk; Harold L. Hall, Chief Deputy Clerk/Fiscal Officer; Elinor M. Skinner and Edna Brennpm:ln (10,40 A.H.). Deputy Clerks; C. William Norman, County Manager; Irving Berzon, Utilities Division Director; Danny Crew, Planning Director; Jeffory Perry, Zoning Director; Dr. Jay Harmic, Envirorunental Consultant; Clifford Barksdale, Public Works Ad- ministrator/Engineer; Donald A. Pickworth, County Attorney; Terry Virta, Community Development Administrator; Lee Layne, Planner; Mary Morgan, Administrative Aide to the Board; Deputy Chief Raymonc Barnett, Sheriff's Department. Ba~~ 057 rACE 316 November 18, 1980 SWEARING IN CEREMONY FOR COMMISSIONERS JOHN 1\ PISTOR, M1\RY- FRANCES KRUSE, AND DI\VID C. BROWN - CLERK WILLIAM J. REAGAN lIm:INISTERED THE OI\TH OF OFFICE Clerk William J. Reagan administered the oath of office to the duly elected Commissioners John,A. pistor, Mary- Frances Kruse, and David C. Brown, Newly elected Commissioner .' Mary-Frances Kruse was welcomed to the Board of County Com- mi1>sioners by Clerk Reagan and the other Board members. Mr. Thomas Archer expressed his sincere appreciation to the members of the Board of County Commissioners for the dedicati~~ and coopcration which occurred during the past eight years while he served with the Board. He stated that cooperation has been a real encouragement and joy to him, and he thanked the Commissioners. Because 'of the dedication and cooperation which the staff has given him, Mr. Archer said he knows they will cvntinue to extend the s~e assistance to the Commissioners in the future. He commented that it has been a pleasure working with the staff and thanked them for their assistdll<..:t:. lle noted if he cct:l:: be of heIr ~_n any way in the future he would be glad to do bO, AGENDA - APPROVED :'lITH I\DDITIONS/DEFERRALS commissioner \~enzel moved, seconded by Commissioner Brown and unanimously carried, that the agenda be approved with the following additions and deferrals: a) Pp.tition NZ-BO-14-C, Planning Dept. re amendment to Sec. 9, Ord. #76-30 adding paragraph II, "CT" Overlay District - continued to 12/2/80. b) petition C-80-4-I, Our Lady of Guadalupe Catholic Church carnival permit #80-4 - added to Community Development report, c) Considerat:.on of request for use of UllIB Helicopter by the State Division of Forestry - ad1ed to Public Snfety report. d) Request by letter for continuation to 12/2/80 re ruling of Statewide Environmental Contractor's Inc. propoGed franchise for exclusive right to collect construction debris as condition of purchase of Marco Solid Waste Collection Franchise. (Continued from 11/11/80 ^gcnda) . "~^V 057 ",~~320 80:( 057 PACE '321' November 18, 1980 e) Resolution re Dond Issue for the County Regional Water System, Phase I - Added to County Attorney's Report. f) Consideration of authorizing Vice Chairman Wenzel to sign a Dond issue - Added to Board of County Commissioners report. RESOLUTION CWS-80-l2 RE COUNTY REGIONAL WATER SYSTEM; APPORTIONMENT OF COST OF ASSESSABLB IMPROVEMENTS FOR THE WATER DISTRIBUTION SYSTEM - ADOPTED Legal notice having been published in the Naples Daily News on November 2, 1980 as evidenced by Affidavit of Publi- cation filed with the Clerk, public hearing was held to con- sider a proposed resolution confirming the assessment apportionment of the County Regional Water System. Utilities Director Irving Berzon explained that the financing plan that was adopted for development of this system, not yet assessed, will be assessed by the front foot method. He said the estimated ar:lount :;f assessment for the total properties which lie adjacent to this water improvement area is S1,830.000. He said this area includes approximately 7~,R4~ 11nn~1 fnn~ nf ~rn~n~n~ w~~nr linp~ whirh TPprpspnts a~out 153,692 assessable front feet. Mr. Berzon asked Consulting Engineer Ted Smallwood, of CH2M Hill, to describe ~he actual portion of the line which is to be assessed and to give further justification for the assessment of those partiCUlar lines. Mr. Smallwood identified the preliminary assessable areas on an overhead map and stated the benefited properties to be included are indicated on the map by a blue Shading along the transmission facilities routes. He noted these routes encompass areas in North Naples along the Immokalee Road, and along Illth Street on the north side; on the Immokalee Road from U.S. 41 to Palm River on both the north and south side; and along U.S. 41 from 94th to lllth Street. Describing the East Naples area, he said approximately four miles arc involved November 10, 1980 along Radio Road, as it intersects with S.R. 951, north and south; from the S.R. 951 intersection with Radio Road south, both east and went, the routes extend to approximately 1/2 mile south of the U.S. 41 and S. R. 951 intersection. Mr. Smallwood noted the transmission facilities routes also include about one mile on the north side of S. R. 864, Rattlesnake Hammock Road, and about 1-1/2 miles on the south side, which will be benefited properties served from this project. He explained th~t along U. S. 951 from its intersection with S. R. 951, the route goes north along S. R. 951 to the Ddn~rooL ',,111iams intersection, which is approximately 1-1/2 miles, north and south, on S. R. 41. Mr. Smallwood stated the principle method for determining the Dssessmcnt for the benefited properties' wan to determine the adequate services required, irrespective of the total system. From the basis of these calculations, the determination was made that the proportionate amount of the appropriate costs would be the equivalent of a 12" transmission facility in these areas, he sa~d. Respondi.ng to commissioner Pistor, Mr. Smallwood sa~d that the directly assessed areaJ will be those which abut the major thoroughfares or transmission facilities, east, west, north or south, depending on location, to a depth of 150'. He explained the basic concept that the benefited properties, which are f~irly large parcels of land, would be assessed on a front foot basis rather than a square foot basis, which is because those properties farther back from the roads will be assessed proportionately as the developers extend the transmission facilities to those properties, in the event of future development. He said this would be consistent with the normal subdivision regulations whereby a d~veloper provides for those improvements internally. Mr. Smallwood explained the concept of the benefit to the property from the sense of transmission availability to the properties, as opposed to the overall benefit internal to the larger parcels of land. Ba~< 057 PACE'322 ac~( 057 P(CE 323 November 18, 1980 In response to Commissioner Wimer, Mr. Smallwood said the land use plans for these properties include residential as well as industrial and commercial for those properties abutting the roads, although the lands are predominately for agriculture use at present. Discussion followed with commissioner Himer questioning if the large portions of land on S. R. 951 scheduled in the Master Plan are to remain in agriculture use. Mr. Smallwood stated he believed most of tho5A properties would ultimately be developed, and he stated that the lands south of Rattlesnake Hammock Road down to U. S. 41, on the west, are definitely residential multi-family lJnd use; and tho land south of Radio Road in this area is going to be commercial and developed as residential multi- family. Planning Director Danny Crew stated the future land use plan shows most of the lands to the east of S. R. 951, in t~Jis area, are designated on the Comprehensiv~ Plan as agriculture. He said most of the land to the west of S.R. 951 is designated low to medium density (0-4), with an industrial arl:!d. dt the corner of S. Fl, 9<;1, and some small commercial parcelS in that sane area. The agricultural designated lands are to romain under that zoning until 1990, Dr. Crews stated, which is tho duration of the Comprehensive Plan. General discussion resulted in Mr. Smallwood stating that, within the 30-year period when this regional water system is going to be beneficial to the subject area, he feels the Comprehensive Plan does not adequately reflect what will happen to that area, in that period of time. Commissioner wimer stated he is concerned because there are lands in the Master Plan which are designated agriculture and, for the benefit of the community, are to remain as designated. He stated he saw no benefit to the agriculture properties in assessing them for this potable water treatment line, as he feels this "sets the stage" for those agriculture lands November 18, 1980 to be changed into some other classification. He asked if this action would not defeat the County's plan by changing agriculture land for a municipal use, to which Mr. Smallwood responded that these lanes are not remutely removed from the community. He "tated he feels they should be developed and to permit said property to have "free gratis" in the future would not be good planning since they will be benefited from the regional water system. Commissioner Wimer stated he feels encouraging growth in an area where no growth is designated is counteFproductive. Chairman Pistor agreed with C0mmissioner Wimer and mentioned the mobile home camp and single family homes on the zast side of S.R. 951 located betwecn U.S. 951 and Alligator Alley. He asked if an exception to the Comprehensive Plan was granted for these zoning variations. Community Development Adrninistra~or Virta st~ted that scattered, low den~ity residential property is in conformance with the agricultu=e zoning district requirements, and he said there is a non- conforming commercial establishment and, also, that nurseries are allo~'ed in the "A" zoned area. Mr. virta indicated a concern on his part, after attcnding a meeting last week which dealt with the L.G.P.C.A. about the act which requirp.s the development of comprehensive planning. He stated that consistency between what government does and what it shows in the plan was stressed, and he stated he feels there is some question in his mind whether the aforementioned subject is consistent with the Comprehensive Plan. After continued lengthy discussion, Mr. Berzon stressed the following points as they relate to the regional water system: 1. The assessment will only apply to the first 150' of depth of the property. 2. This will benefit only those particular properties and not beyond. BOJ~ 057 rACE '324 80~~ 057 PACf 325 November 10, 1980 3. Similar assessment projectB adopted in the past by the noard of County Commissioners were because the course of the transmission lines go through the arca in qucstion. He said as a by-projuct the adjacent lands will be benefited but it will take a minimum of 20 years before the entire assessmcnt will be paid. He! said the benefits cannot be looked at in li9ht of the present plan. Being advised there were no persons registered to address the matter, Commissioner Wenzel moved, seconded by Commissioner Brown and carried unanimously, that the public hearing be closed. A short discussion followed with Commissioner Wimer taking the stand that the agriculture lands should be excluded from the assessment resolution until such time as they are reclaGsified, because he feels there should be'better actual rldn~ing to reflect what actually occurs. Mr. Berzon reminded the COr:ll11issioners of the /'iifficulties which a delay in adoption of the resolution would cause. COmr:lissioncr Bro~~ moved, seconded by Commissioner Pistor, and carried 3/2, with Commissioners Wenzel and Wimer opposed, that Resolution Q~S-80-l2 confirming Resolution Q~S-80-10 be adopted. Chairr:lan Pistor said that it is understood when the final assessment role comes about that adjustments can be made if that is felt warranted. * * * * * * * * * November 18, 1980 RESOLUTION 80-254 RE PETITION CCCL-80-9C, BRUCE GREEN & ASSOCIATES, INC.: REQUESTING A VARIANCE FROM THE COASTAL CONSTRUCTION CONTROL LINE FOR PROPERTY LOCATED ON LOTS 19 !'~O, DLOCK "A", UNIT 1, CONNER'S VANDERBILT BEACH ESTATES- ADOPTED Legal notice having been published in the Naples Daily News on November 2, 1980 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was held to consider a proposed resolution with regard to ~etition CCCL-80-9C, filed by Bruce Green & Associates, Inc., for Prancoeur & Company, Inc., requesting a variance from the Coastal Construction Control Line for property located on lots 19 and 20, Block "A", Unit 1, Conner's Vanderbilt Beach Estates. Dr. Jay Hannic, Environmental Consultant, identified the location of the property on an overhcad mnp stating that the requested variance for the condominium is ~arked in red. He noted previous variances have been granted for the condominium immediately north of the property in question and for a con- dominium on the fourth lot south of the requested variance. He identified a narrow existing seawall in front of the proposed variance. Dr. Jlarmic stated that, on the basis of the previously granted variances and the exist~ng ~eawall, and because there is no significant vegetation involvcd, he would recommend approval of Petiticn CCCL-80-9C. He said Mr. Bruce Green of Bruce Grecn & Associates, Inc., was present to represent the petitioner and to respond to questions, if any, from the Board. Mr. Green stated that the variance that is being requested lies upland of the variances which have already been granted. In response to Commissioner Wimer, Mr. Green stated there will be no additions to the seawall and that the variance would envelope the builJing. Mr. Carl Gilzow, President of the Vanderbilt Beach Property Owners Association, stated he feels the rcal question before the Doard today is not the requested variance, but rather the reasons why the Coastal Construction Control Line M:1X 057 fACE328 80j~ 057 PACE329 Novcmber 18, 1980 Ordinance 75-19 wao adoptcd and whether said Ordinance should remain "on the books", He stated it was useless to stand before the Board and present arguments against a variance when variances have already bcen grantcd north and south of the property in qucstion. He asked the Board to reconsider the purpose dnd intent of the aforementioned law and noted that if these factors arc no longer applicable, the law should be rescinded. Since it is Mr. Gilzow's view that the property was purchased with the expectation of being granted a vnriance which would enable development of said property, he stated that, in his opinion, granting a variance would be defeating a law, which he feels should be enforced. Another point Mr. Gilzow stressed is the fact that there is a 10' beach access on the north side of Lot 20, between Lots 20 and 21. He asked if this beach access will be waived by the Board as was done recently by the Board in a similar situation. Mr. Gilzow stated the petitioner did not state ~ha~ t~c ~ct~~l di~~~~~c ~c~ld be :rc~ t~c zctback li~c tc r.he proDo50d new line. It was Mr. Gilzow's view that the assurance by the petitioner that the condominium will no'.: be placed forward o~ nearby approved condominiums leads him to believe that Ordinance 75-19 mcans nothing. It was his opinion that the Vanderbilt Beach area is already becoming a solid line of condomini~~s from the north to the south, which obstructs the view of the beach greatly, and this is an undesirable cond~tion. Mr. Gilzow suggested that the Board consider the following points: 1. The Commissioners should do "some soul searching" and decide upon the purpose and intent of CCCL Ordinance 75-19. 2. The Board members should consider the above factors in relation to today's society and existing conditions. November 18, 1980 3. If the law is still relevant and applicable, enforce the law. 4. If the law is no longer valid, remove said law and save everyone a lot of time and a~gravation. He asked that the ordinance be reviewed, and he thanked the commissioners for their consideration. Chairman Pistor explained to Mr. Gilzow that the petitioner is requesting a distance of 47' seaward of the established coastal Construction control Line and the aforementioned easement has dcfi~itely been shown in the Executive Summary. Mr. Gilzow expressed a sincere hope that the beach access will be p-eserved. Being advised that there were no additional persons registered to address the matter, Commissioner Wel~zel moved, seconded by Commissioner Brown, and unanimously carried, that the public hearing be closed. commissioner Wimer moved, seconded by Commissioner Brown and carried 4/1, with commissioner Wenzel opposed, that Resolution R-80-254, pertaining to Petition CCCL-BO-90, hI" i'loopted. * * * * * * * * * * ~OOK 057 PAGE'330 November 18, 1980 RESOLUTION ~0-255 RE PETITION FDPO-80-V-13, KIDD CONSTRUCTION REPRESENTING EDMUND SHEPHERD, REQUESTING APPROVAL OF VARI1\NCE FROM MINIMUM llASE FLOOD ELEVATION REQUIRED llY FDPO 79-62 - ADOPTED Legal notice having becn publishcd in the Naples Daily News on Novcmber 2, 1980 as evidenced by Affidavit of Pub li- cation filed with the Clerk, public hearing was held to consider Petition FDPO-80-V-13, filed by Kidd Construction representing Mr. Edmund Shepherd, requesting approval of a variance from the Minimum Base Flood Elevation as required by FDPO 79-62. Planner Tom McDaniel explained that the granting of the subject variance will permit the construction of a home on Lot 17, Block 46, Unit 6, Naples Park Subdivision at an elevation of 9.43' NGVD instead of 12' as requiren by the pertinent ordinance. Mr. McDaniel stated that the petitioner has an existing contiguous home on each side of the subject lot, a situation which falls within the hardship category that is written into FDPO 79-62, and, therefore, the staff recommends that the petition be approved. He added that approval will not jeopardize the County's status regarding compliance with the Federal Ins 'ranee eligi~ility. There were no persons registered to address the Board, whereupon Commissicner Wenzel moved, seconded by Commissioner Brown and un~nimously carried, that the public hearing be closed. Commissioner Brown moved that Resolution R-80-255 with regard to Petition FDPO-BO-V-13, as filed by Kidd Constr.uction for Edmund Shepherd, requesting approval of a variance from Minimum Base Flood Elevation required by FDPO 79-62 for property located in Lot 17, Block 46, Unit 6, Naples Park Subdivision, be adopted as recommended by staff. The motion was seconded by Commissioner Wimer and unanimously carried. * * * * * * BOOK 057 PAGE 334- November lB, 1980 RESOLUTION '80-256 RE PETITION FDPO-80-V-14, RONALD IIARTM^N, REQUESTING APPROV^L OF A VARIANCE FROM MINIMUM B^SE FLOOD ELEV^TION REQUIRED BY FDPO 79-62 - ADOPTED Legal notice having been published in the Naples Daily News on November 2, 1980 as evidenced by Affidavit of publication filed with the Cl~rk, public hearing was held to consider Petition FDPO-80-V-14, filed by Ronald Hartman, requcsting approval of a variance from the Minimum Base Flood Elevation as required by FDPO 79-62. Planner Tom McDaniel explained that the qranting of the subject variance will perr:lit the construction of a home on Lot 21, Block 45, tlni t 6, Naples Park Subdivision at an elevation of 7.51' NGVO instead of 12' NGVD, as required by the pcrtinent ordinance. Mr. Daniels stated the petitioner has an existing contiguous home on each siqe of subject lot and, ~ince the petition complies with FDPO 79-62 guidelines, the staff recommends approval. A short discussion followe~ regarding the 4.5' difference with Mr. Ronald Hartman, the petitioner, explaining he lives next door to this lot, which h~ nwn~. Hp stated he does not want to build a stilt home for his daughter, who will live in "the newl~' constructed home, and he wants to keep the plan compatible. In response to Commissioner Pistor, Mr. McDaniel stated the home will be built 18" above ground level. There were no other persons registered to address the Board, whereupon commissioner Wimer moved, seconded by commissioner Wenzel and unanimously carried, that the public hearing be closed. Commissioner Wimer moved that Resolution R-80-256, with regard to Petition FDPO-80-V-14, as filed by Ronald Hartman, requesting a variance from the Minimum Base Flood Elevation required by FDPO 79-62 for property located in Lot 21, Block 45, Unit 6, Naples Park Subdivision, be adopted, as recom- mcnded by staff. The motion was seconded by Commissioner Brown and carried 4/1, with Commissioner Wenzel opposed. Rr,^'K 057 rm33R Novomber 18, 1980 ORDINANCE NO. 80-106, RE PETITION R-80-3lC, FRANK KLEY, RE ADJUSTMENT or "ST" BOUNDARY, SECTION 9, T51S, R26E -ADOPTED Legal notice having bcen published in the Naples Daily News on October 17, 1980 as evidenced by Affidavit of publication filed with the Clerk, public hearing was opened to consider Petition R-BO-3lC, filed by Frank Kley, requesting adjustment of the Special Treatment boundary line to the actual ground location for property located in Section 9, T51S, R26E. Planner Lee Layne referred to the Executive Summary dated 11/18/B() ...nn notp.d that Environmer.':.al Consultant Dr. Harmic, Bruce Green, representing the petitioner, and a representative of DER walked the entire site and staked the "ST" line being requested by the petitioner. Ms. Layne said that the CAPC and the staff recommended approval of Petition R-80-31C. Commissioner Wimer moved, seconded by commiss.ioner Wenzel and unanimously carried that the public hea~ing be closed. c::;;,;,_":',i::i,:,:,:c~ t07imor mr",pn I "pl':onr'led by Commissioner Brown and carried 4/1 with Commissioner Wenzel opposed, that tile Ordinance, as numbered and entitled below, be adopted and entered into Ordinance Book No. 12. ORDINANCE 00 _ 106 !\N ORDIN.'\NCE MENDING ORDINANCE 76-30, THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCOHPOHNl'ED AREA OF TIlE COASTAL AREA PLl\NNING DISTRICT BY J\MENDING TIlE ZONING ATLAS MAP NU~trJER 51-26-2 BY CIIANGING 'ruE ZONING FROM "A" AGRICULTURE AND "A-ST" AGRICULTURE SPECIl\L TREATMENT TO n A-ST" r;~l TilE FOLLONING DESCRIBED PROPERTY: A POR'rION OF SECTION 9, T51S, R26E; AND BY PROVIDING AN EFFECTIVE DATE BO~~ 057 rACE'342 BC~~ 057 PACE '343 November 18, 1980 PETITION A-80-S-C, MI Till VU: APPEALING Bee'S DECISION ON ZONING PETITION V-80-l3-e DENIED Legal notice having been pUblished in the Naples Daily News on November 2, 1980 as evidenced by Affidavit of Publi- cation filed with the Clerk, public hearing was opened to consider Petition A-80-5-C, filed by Mi Thi Vu, appealing the Board's decision to deny Petition V-80-13-e requesting a 2-1/2 foot side yard setback variance on W7S' of the E150', Tract 23, Unit 30, Golden Gate Estates. Zoning Director Jeffory Perry explained that the staff's decision was to deny the variance petition and, also, the appeal. In response to Commissioner Wenzel, Hr. Perry stated that when the plot plan was submitted, the building permit was approved by both GAC and the County, provided that the petitioner remove 2-1/2 feet of the building; however, he said the house wa 1 move~ wit~Qut the removal. Mrs. Mi Thi Vu's representative explained the amount of variance requested represents.6 of 1\ of the total area involved, and added that the house is 200' behind any adjacent hotlse. In response to COmI:\issioner Wenzel, the speaker ~tdtl!U the house is constructed of cement block and has already been lowered from the moving girders. In response to Commissioner Kruse, the 7epresentative stated the movers placed the house at the wrong angle. A short discussion resulted describing the moving process and identifying the house as hav~ng a self-supporting slab, which, as noted by the petitioner's representative, could be damaged if the house was moved again. He said the moving bill has been paid and no statement of financinl rp.sponsibility was obtained from the moving company to cover the error in placement. County Manager Norman read a letter from Mr. Ra, E. Keithley objecting to the variance requested in Petition A-80-5-C, whic~ was accompanied by a petition. In response Novembnr 10, 1980 to Commissioner Wenzel, Community Development Director Virta said the 75' lot in question is of legal size. Mr. Sam Linville represented Louise Shriver, the neighbor on the west side of the petitioner. He stated the house was set in position dllring the day and not C:uring the night as contended by the petitioner's representative. He further stated the house remained on the girders for a month and was positioned only a few days prior to the first variance hearing. Describing the lack of privacy for Miss Shriver which resulted with the placement of this house, he asked wh~t the zoning laws ore for 0 pri/acy fence in Golden Gote. Mr. Perry responded thaL a 6' privacy fonce could be allowed on the lot linc on thc side and rear of a property line. Mr. Linville stated" the house in question is 32" off the ground and, since Miss Shriver has a two-story home with a sundeck on the back, a 10' fence would be required to give Miss Shriver any privacy. Responding to Chairman Pistor, Mr. Linville agrecd that the petitioner would need to rer:love the CU.LJl~.l or Lhe hou::;e in order to not trcspas!.i on Miss Shriver's property. Mr. Sam Montello, representing CBS, the company doing the masonry work on Mi Thi Vu's home, stated he felt it would be unfair to deny the variance. He described the moving procedure and stated that an error was made in the placement due to a surveyor's mistake. Commissioner \~enzel moved, seconded by Commissioner Brown and unanimously carried that the public hearing be closed. Commissioner Brown moved to grant Petition A-BO-5-C, filed by Mi Thi Vu granting the variance which had been previously denied. The motion was seconded by Commissioner Wimer and failed 2/3, with commissioners Pistor, Kruse and Wenzel opposing. BCO~ 057 PACE 344 November 18, 1980 RESOLUTION 80-257 TO RECOVER FUNDS EXPENDED BY THE COUNTY TO ABATE A PUBLIC NUISANCE ON LOT 56, FOUR SEASONS SUBDIVISION - ADOPTED commissioner Wenzel moved, seconded by Commissioner Wimer 8::~ 051 PACE '345 and unanimously carried, that Resolution 80-257 to recover funds oxpended by tho County to abato a public nuisance on Lot 56, Four Seasons Subdivision, owned by Joe Eisenberg, be adopted. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 800~ 057 PACE 347 November 18, 1980 RESOLUTION 80-258 TO RECOVER FUNDS EXPENDED BY TilE COUNTY TO ABATE A PUDLIC NUISANCE ON LOT 13, BLOCK 38, UNIT 3, NAPLES PARK - ADOPTED Commissioner Wenzel moved, seconded by Commissioner Wimer and un~nimously carried, that Resolution 80-258 to recover funds expended by the County to abate a public nuisonce on Lot 13, Block 38, Unit 3, Naples Park, owned by James C. Hilligon, be adopted. '" '" '" '" * * * '" '" '" * '" * '" * Ba)~ 057 PACE 34.9 November 18, 1980 RESOI,UTION 80-259 TO RECOVER FUNDS EXPENDED DY TilE COUNTY TO ABATE A PUOLIC NUISANCE ON LOTS 19 and 20, BLOCK 41, UNIT J NAPLES PARK - ADOPTED Commissioncr Wcnzel movcd, seconded by Commissioner Wimcr and unanimously carried, that Resolution 80-259 to recovcr funds expended by the County to abate a pUblic nuisance on Lots 19 and 20, Dlock 41, Unit 3, Naples Park, owned by Hisako Giustiniani, be adopted. 'If 'If 'If 'If 'If * .,. .,. .,. .,. .,. .,. * .,. .,. .,. .,. ~:~~ 057 rACE 351 November 10, 1980 RESOLtl'l'ION 80-260 TO RECOVER FUNDS EXPENDED BY TIlE COUNTY TO AOATE A PUBLIC NUISANCE ON LOT 25, BLOCK 46, UNIT 6, NAPLES PlIRI<- lIDOPTED Commissioner Wenzel moved, seconded uy Commissioner Wimer nnd ununimously carried, that Resolution 80-260 to recover funds expended by the County to abate a public nuisance on Lot 25, Block 46, Unit 6, Naples Park, owned by Levon R. Roupeman, be adopted. ." ." ." ." ." ." ." ." ." ." ." ." ." ." ." B08~ 057 PACE353 November l8, 1980 RESOLUTION 80-261 TO RECOVER FUNDS EXPENDED BY TIlE COUNTY TO ABATE A PUBLIC NUISANCE ON LOT 34, BLOCK 50, UNIT 4, NAPLES P~RK - ADOPTED commissioner Wenzel moved, seconded by Commissioner Wimer and unanimously carried, that Resolution 80-261 to recover funds expended by the County to abate a public nuisance on Lot 34, Block 50, Unit 4, Naples Park, owned by Leon Walker, be adopted. 11 11 * 11 * * * * * * 11 11 11 * * ( BCJ~ 057 PACE 355 Novembor 19, 1980 RESOLUTION 80-262 TO RECOVER FUNDS EXPENDED DY THE COUNTY TO ABATE A PUBLIC NUISANCE ON LOTS 35 and 36, BLOCK 50, UNIT 4, NAPLES PARK - ADOPTED commissicnor Wenzel moved, seconded by Commissioner Wimer and unanimously carried, that Resolution 80-262 to recover funds expcndcd by the County to abate a public nuisance on Lots 35 and 36, Block 50, Unit 4, Naples Park, owned by Edward Plucinski, be adopted. * * * * * * * * * * * * * * * * * B~:.< 057 PAGE 357 November 16, 1980 RESOLUTION 80-263 TO RECOVER FUNDS EXPENDED BY THE COUNTY TO AnATE A PUnLIC NUISANCE ON LOT 36, BLOCK 38, UNIT 6, N^PLES PARK - ADOPTED CommioGioner Wenzel moved, seconded by Commissioner Wimer and unanimously carried, that Resolution 80-263 to recover funds expended by the County to abate a public nuisance on Lot 36, nlock 38, Unit 6, Naples Park, owned by Erlynne Nixon, be adopted. * " * * * * * * * * * * * * * * * * * uO:JX 057 PAGE 359 RESOLUTION 80-264 TO RECOVER FUNDS ABATE A PUBLIC NUISANCE ON LOT 38, PAP.K - ADOPTED November 18, 1980 EXPENDED BY TilE COUNTY TO BLOCK 38, UNIT 3, NAPLES commissioner Wenzel moved, seconded by Commissioner Wimer and unanimously carried, that Resolution 80-264 to recover funds expended by the County to abate a public nuisance on Lot 38, Block 38, Unit 3, Naples Park, owned by Mary Sampson, be adopted. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. BCJ~ 057 PACE 36.1 Novcmber 18,' 1980 . RESOLUTION 80-265 TO RECOVER FUNDS EXPENDED BY TlIE COUNTY TO ABATE A PUBLIC NUISANCE ON LOTS 47 and 48, BLOCK 65, UNIT 5, NAPLES PARK - ADOPTED Commissioner Wcnzcl moved, seconded by commissioner Wimcr and unanimously carried, that Resolution 80-265 to recover funds expended by the County to abate a public nuisance on Lots 47 and 48, Block 65, Unit 5, Naples Park, owned by Anno M. Fischer, be adopted. " " " " " " " " " " " " " " " " " " c:~,~ 057 PAGE 363 Novembor 18, 1980 CARNIVAL PERMIT 880-4 RE PETITION C-BO-4-I, OUR LADY OF GUADALUPE CATlIOLIC ClIURCH - GRANTED WITH STIPUL]\,rIONS Commissioncr Wenzcl moved, seconded by Commissioner Wimer and unanimously carried, following brief explanation by Zoning Dircctor Perry, that Carnival permit 'BO-4 be granted Our Lady of Guadalupe Church, Immokalee, Florida to conduct a carnival on the church property November 26 through 30, 1980 with the following stipulations: 1. Evidence of Public Liability 2. Approval of Food Service 3. Inspection of site and rides by the Public Safety Administration 4. Waiver of three day maximum limitation .. .. .. .. .. .. .. .. .. .. .. .. .. " BC~,~ 057 PAGE365 November 18, 19BO USE OF COUNTY UHIB HELICOPTER BY THE STATE DIVISION OF FORESTRY - GRANTED Public Safety Administrator Tom Hafner stated that hc has the Helicopter POlicy ncwly revised which will eliminate thc nced in the futurc for the Board to approve granting rcquests for the use of the County helicopter. In response to Commissioncr Wcnzel, Mr. Hafner stated that the State Division of Forestry will reimburse Collier County for the use of the hclicopter and the per diem for the pilot. commissioner Wimer moved that the staff recommendation for approval of the use of the County UHIB helicopter by the State Division of Forestry be granted. The motion was seconded by Commissionei Brown which unanimously carried. Chairman Pis tor requested County Manager Norman to evaluate the cost of County ownership of the helicopters and ~o report to the Board what advantages such ownerShip provides the County. In response to Commissioner Wenzel, ~=. ;!c:::;:'.~:-'. s(lid th3.t. all c::st.s for the operation of the helicopter are pro rated to the users with pilot costs sho....I'. as part of the Civil Defense budget. * * * * RECESS: 10:30 A.M. until 10:40 A.M. * . . * PETITION FRm\ PROPERTY OI'iNERS ALONG LAKELAND AVENUE EXTENSION FOR ESTABLISHME~T OF ROAD I:,PROVEMENT DISTRICT - ACCEPTED; El"GI:-;EERIi\G DEPARTMEc/T I,UTHORIZED TO OBTAIN NEEDED RIGHT-f)F- WAY ~~D PREPARE PRELIMINARY REPORT AND COST ESTIMATES FOR DISTRICT Commi ss ioner BrOl...n moved, seconded by Commissioner Wimer and carried 4/0 with Commissioner Wenzel not present, that the petition received from the property owners along Lakeland Avenue Extension, requeEting .the establishment of a Road Improvement District, be accepted and that the Engineering Department be authorized to obtain the needed right-of-way and to prepare a preliminary report and cost estimate for the district, as recommended by staff. Novcmber 18, 1980 APPEAL BY ROBERT REED APPEALING DECISION THAT PUBLIC NUISANCE EXISTS ON CERTAIN PROPERTY IN SHENANDOAH ESTATES PHASE 2 - APPEAL WITHDRAWN ny PETITIONER'S REPRESENTATIVE I MATTER TO BE HANDLED ADMINISTRATIVELY Mr. Michael D. Carter, Administrative Assistant, Rced & Associates, Inc., represented Robert Reed in his appeal against the administrative determination that a pUblic nuisance exists on property located in Shenandoah Estates Phase 2, behind Maui Circle. Mr. Carter said that the appeal is based on the contention that it is unrealistic to clear a five-acre parcel of land due to the fact that there are so many empty pl\rr.els of ground in the East Naples in their natural stat.:.: which have not been considered public nuisances and, to single out one parcel for this reason, is unfair. Mr. Carter explained that the problem which prompted the complaint - the fact that a resident of the adjacent property cannot use his backyard tecause of the mosquito problem - is a matter which should be addressed by the Collier Mosquito Control District. Dr. Gelfer Kronfeld, County Health Department, suggested thilt rc-rhi'f'" ,,,I,,,t r"'nm~t-pr1 ~np r1; "1:'\1t-" w".. f"np \I~'J"pnp~" of the legal descript_on of the subject property and that, to his knowledge, it was not the intent to request that the entire five acres be mowed, as luch. What the staff would like to see is perhaps lOa' into the tract, adjacent to the complainant's property, cleared. Mr. Carter, responding to Commissioner Wimer, said that he does not see any problem with the suggestion made by Dr. Kronfeld and that the matter would be worked out with the Health Department. Mrs. Barbara Keim, representing the Board of Directors of Lely Villas II, spoke on behalf of the complainant and said that it was not expected that the entire acreage be cleared. She said that it would be desirable to have possibly 150' of land fror:l the ditch cleared to create a m~ 057 rm366 BOO:< 057 PACE367 November 18, 1980 fire-break and also to help eliminate a rodent problem, and the like. Chairman Pistor commented that the matter can be worked out with the Health Department and, if it is not, the Doard should be informed. County Manager Norman asked that the record reflect that the appeal was withdrawn by the petitioner via his representative. CURRENT CETA EMPLOYEE IN PERSONNEL DEPARTMENT TRlINSFERRED TO "PSE" POSITION Personnel Director Anne Hora requested Board approval to have the current Pers.onnel Department CETA employee, who is on the Work Experience Program, transferred to a Public Service EmpLoyee position. Ms. Hora explained the nece~sity for the employee being retained and why it is i~portant to submit the request to the CETA office before December 12, 1980 in or.der to get a priority position before the priority hearing which will be held in January, 1981. Cor.unissioner Wimer moved, seconded by Commiss,~ oner Brown, to approve the staff recommenuation. County Manager Norman pointed out that the transfer in status, if granted, will not add to the County Payroll. Upon call for the question, the motion carried 4/1 with COmr:lissioner Wenzel voting in opposition. FY 1980 CENTRAL SERVICES COST ALLOCATION PLAN FOR COLLIER COUNTY ~ETA - APPROVED; CH^I~~N AUTHORIZED TO SIGN PERTINENT DOCUMENTS Commissioner Wimer moved, sec0nded by Commissioner Brown and carricd 1/1 with Commissioner \~enzel voting in opposition, that the FY 1980 Central Services Cost Allocation Plan for Collier County CETA be approved, as presented by Acting CETA Director John Walker, und that the Chairman be authorized to execute the pertinent documents in this regard. Mr. Walker explained that the various departments in the County will be reimbursed from Federal monies for,work performed for CETA. Bn~ 057 PACE 391 November 18, 1980 RESOLUTIOtI CWS-80-lJ AUTHORIZING ISSUANCE OF UP TO $16.000,000 WATER REVENUE llONDS RE PHASE I REGtorlAL WATER SYSTEM - ADOPTED PENDING REVIEW BY FISCAL OFFlCER; COUNTY ATTORNEY AUTHORIZED TO FILE VALIDATION PRO- CEEDINGS County Attorney Pickworth stated that the resolution before the Board is a fairly standard resolution which will provide for the issuance, not exceeding $16,000,000, of Water Revenue Bonds, Series 1981. He said that the issuance of the bonds will provide funds for the construction of Phase I of the Reqional Water System and, also, provide for the re- fund I nq of the bonds for the Will oughby Acres Proj ect in the amount of $550,000 used to construct that system. Concerning the latter, Mr. Pickworth sdid Lllat those bonds may not be refunded, the possibility remilins to be determined, but it is necessary to provide for such pos- sibility in the resolution. Attorney Pickworth, said that the bonds will be repaid from three sources of revenues - revenues derived from monthly user charges for the water, from impact fees, and from assessments, with the bulk being Daid by user charges and impact fees. Commissioner Wimer moved for adoption of Resolution CWS-80-l3, as cet~nec :j' ,\ttcr:-:e" Picl('..orth. The ;;-.otion was seconded by Conmissioner I1rown. Fiscal Officer Harold Hall advised that he has not seen the ,~so- lution and has had no oDportunitv to review the resolution. He said that manv bond attornevs are still using old terminoloqy which result in Droblems for the finance DeoDle. He said he would meet with the Attorney at once for this purpose and that there will be no delay in- volved caused by this review. Co~issioner Wi~r agreed to amendinq the motion to include duth- orizinq the Attorney to file validation proceedings, as requested by Attornev Pickworth, dnd the seconder of the motion also agreed. Upon call for the question. th~ mot.ion was carri~d 4/1 with Conmissioner Wenzel voting in ooposition. eJJ< 057 PA~E 421 November 18, 1980 RESOLUTION MWS-BO-4 AWARDING nOND ANTICIPATION NOTE TO SOUTIIEASTERN MUNICIPAL BONDS, INC. RE INTERIM FINANCING FOR MARCO SEWER SYSTEM - ADOPTED; CHAIRMAN (OR VICe-CHAIRMAN, IF APPLICABLE) AUTHORIZED TO EXECUTE rER~INENT DOCUMENTS County Attorney Pickworth presented, for Bonrd approval, several pro forma documents with regard to the interim financing for the Marco Water and Sewer District of Collier County. He snid that the issuance of Bond Anticipation Notes will provide the interim financing needed during the construction period, f01101.,ing which the Farmers Home Administration will purchase the bonds for 5% interest. He said that the amount of the financing is Sl,960,000 to cover the eight-month period of construction. Attorncy Pichlorth listed the documents in question, as follows: 1. Rcsolution which awards the notes to Southeastern Municipal Bonds, Inc. on a negotiable basis, who have offcred to purchase them fc: ; total purcnase price of S1,940,400 plus accrued interest. 2. Certi ficate of Public I-leeting - for all Commissioners to sign after the meeting. 3. Ccrtifi~3te as to signatures and seals. 4. E:-.c'.;;:-,l:Jency Certificate '..;hich the Clerk will sign. 5. A .~o Litigation" Certificate for the Chairman to sign. 6. A Specimen Note Certificate for the Chairman to sig:1. 7. A Certificate of Delivery and Payment. 8. Certificate of Compliance with Section 218 FS. COMmissioner Wenzel ~oved, seconded by Commissioner Wimer a~d unanir:lously carried, that Resolution MWS-BO-4, as detailed by the County Attorney, be adopted, and that the Chairman be authorized to sign the pertinent documents listed above. In a related matter, County Attorney Pickworth requested authorization for the Vice-Chairman to sign the aforesaid documcnts in the event the Chairman is unavail.J'e at the closing. Commissi.oner Wimer moved, seconded by Commissioner Brown and unanimously carried, that the Attorney's request be granted. ec~,~ 057 PACE 427 Novemher la, 1980 ROUTINE nILLS - AUTHORIZED FOR PAYMENT Commissioner Wcnzel movcd, seconded by Commissioner Brown and carried, that the bills, having been procassed following established procedure with funds available, be approved for payment as witncssed by thc following checks issued from November 12, 1980 through November la, 1980: ACCOUNT CIlECK NOS. ncc Payroll - CETA 4533 - 4710 1878 - 2345 county Checks REQUEST BY THE DELTONJ\ CORPORATION THAT PETITIONS R-80-26C AND, S~IP-80-2C NOT BE REQUIRED TO BE RE-REVIE\~ED BY OTHER THAN CI\PC ADVISORY BOARD - DENIED; SUBJECT PETITIONS.TO BE "FAST-TRACKED" THROUGH ES7t\BLISHED PROCEDURES Adr:linistrative Aide to the Board Mary Morgan related the mcssage from Chairman Pistor, ~a~ed November 14, 1980, wherein it is stated t)-.at there has bee:1 a request from I-'.r. James l\pthorp, of The Dcltona Corporation, that the firm not be required to go back before all the advisory boards involved in the review prJcess, but only through the CAPC, with regard to Petitions R-80-26C and S:';P-80-7C, the CAPC being the only board .....hich "has probler:ls" '.d.th the project. Commissioner Brown moved that the r8quest be granted. The motion died for lack of a second. CC;:\.";1unity Ccvelc;:;:"e:1t Ad::1ini!'trator Terry Virta inforr:lec the Board that he a:1c County Attorney Pickworth discussed the request by Delto:1a and it is their recoffir:lendation that the petitions be treated as total new ~ctitions for a number of reasons including the fact that there were considerable questions raised about traffic during the original review. Hc said it is important that the Engineering Department have adequate input, pointing out that the Board has also directed that the Utilities Division be involved in the review of such projects. Commissioner Wenzel inquired if, when the traffic is con- sidered, traffic in the overall Marco Island area will be L._. _1 l_..l L November 1B, 1980 considered since that arca is contributing to the traffic problem whereas the subject project is not at the present time. Mr. Virta said that the matter will be considered from the broader perspective; however, he said that Dcltona has a number of alternatives they want to put forth in the new petitions and that therc were other concerns expressed by the Planning Commission, in particular pertaining to the cnvironmental aspects. Chairman Pistor stated that it is his understanding that the EAC and WMAB have already approved the project with Mr. virta explaining that this is true based on what was submitt2d at that particular time. He pointed out that what is being submittcd now is exactly tnc sar:le as that which was previously revicwed; however, he said that the changes being proposed in the roadway alter the plans as originally submitted and that wh:'.t the boards looked at will be, to that extent, altered. Commissioner l'Ienzel moved that the staff recommendation be approved. Mr. Apthorp recalled that the EAC, Subdivision Committee and the ~~B approved the project as it came through the review process before. He said that it is the intent to go back to the CAPC, the only body that reviewed it ~nd recommended against the project, and try to solve their problem with it and, hope- fully, bring to the Board a project which has the recommendation of all four of the advisory boards. He asked that the petitions not be required to go through unnecessary bureaucracy. Mr. Apthorp said that, since the Board meeting of November 11, 1980, a precisely idcntical petition has been filed with an addcndum that relates to the traffic improvements discussed at that meeting. commissioner Wimer noted his desire to see the staff and CAPC input on thc project but could see no particular benefit in sending it back to the EAC and WMAD if the petition is the same. 80~< 057 PACE 428 BO~~ 057 PAGE 429 November 18, 1980 county Attorney pickworth reiteratcd that it is the staff's opinion that the rezoning petition is a new petition and should be tredted as any other new petition and scnt through the cntire review process, recognizing, of course, that the EAC and the WMAB passed on it favorably. Responding to commissioner Wimer, Attorney Pickworth said that, in his opinion, the Board would be on legal grounds in taking the staff recommended approach, and, from a procedural standpoint, he would find it hard to "short circuit" the process. Furthcrmore, he continued, since the Eoard used their discretion in giving the petitioner the opportunity to submit a petition earlier than they might other- wise be permi~ted is not tantamount to also stating that they can now "skip" SOr:le of the other review pr?cesses. Following additional brief discussion, Attorney pickworth said that he does not wish to imply that the Board legally has to send the petition back to all of the review agencies - it is r:lore or less a ~atter for Board discretion. He stated furt:--,~~ t:--..J.t ~.e ...:1.-.__ _....... ......'-'0,;;:.:>> ,.v... ..'L..":_'_ ~'---n "",.I"I..l." .....lot.,;...t.: i3 Un] pro~ision in the ordinance. that he is a~are of, that mandates this, pointing out that the ordinances that created the ~~\B and the EAC are a "little loosc" in ~his regard. commissioncr Hir:ler, at this point, seconded Commissioner h.enzel's r"cticn to a cccpt the staff reco=endation, noting his desire to "keep everything on legal ground", COffir:lissioner 3ro~n stated his intent to vote against the motion suggesting that is is a ~aste of energy and time. r-lr. Steve }lartin, serving as a member of the EAC, said that his statements do not reflect the consensuS of the membership. lie stated that it is his opinion that if the Board does not allow the subjert petition to go back through the EAC and the WMAB the Board would be "bending over backwards" to assist the developers and, possibly, to the detriment of the 1- 1 Lu 1 L_j November 18, 1980 public interest. He explained that the CAPC might be denied further EAC input. if the EAC is not permitted to review the new petition with changes. In response to comments made by Commissioner Brown, Mr. Martin agreed that the environmental impact to the land itself may not be tremendous but the impacts to the surrounding environment, which are included in the Deltona holdings, have not been looked at, and urged the Board to send the petition back to the fiubject review boards. Attorney pickworth offered the additional comment that, as far as the EAC is concerned, assuming that the petition under discussion is the same as the ~revious one, the EAC had the opportunity to lock at it once and to argue that they should have another chance at it is like saying that they should have "two bites of the apple" to try to change the vote. He said that this is not really "fair play". However, said the Attorney, if the petition is materially different then there would be some justification for the EAC to review it again. Mr. Ar~hnrp snid that their principle consideration is time, c0;nr.'\cntir.g th. t '-.hey do not object to going through the process again but said this takes about four months. It is their feeling, he continued, that the petition was looked at by the EAC and the WMAB and reviewed on the basis of environ- mental issues and, therefore, should not have to be reviewed again. Responding to Chairman pistor's Jnquiry, Mr. Apthorp said that the new application is precisely the same as the one filed previously the only modification being conditions, that the develo~er would agree to, to improve the traffic capacity on SR 951. Pursuant to Commissioner Wimer's request, Mr. Virta said that the ~etition can be "fast tracked" by the various entities, if that is the Board's desire. BO:JK 057 pm 430 B~~~ 057 PAGE 431 November 18, 1980 Upon call for the queutio~ on the motion to accept the staff recommcndation made by Commi~~ioncr Wenzel and seconded by commissioner Wimer, the motion carried 3/2 with Commissioner Brown and Commissioncr Pistor voting in opposition. COMMISSIONER KRUSE APPOINTED TO SERVE ON ~1ENTAL HEALTH CLINIC 130;\RD; NO CHANGE IN POLICY RE BCC CHAIRMAN SERVING ON DATA PROCESSING POLICY COMMITTEE As noted in her mcmorandum dated November 13, 1980, Administrative Aide to the Board Mary Morgan said that with Commissioner Archer's dcparture it is necessary to select replaccments on various advisory boards. She noted that commissioncr Archer was the Commission's representative to the Mental Health Clinic Jnd also served on the Data Processing Policy Committee. It was pointcd out by Chief Deputy Clerk Harold Hall that in the pertinent resolution estab~ishing the Data Processing Policy committee it was provided that the Board C::.J.i::'-::1.J.:-: '.;::::~.:!..~ 3C:-"",.C; ::c.......c..;c=, he pciuted out that such provision can be changed if the Board so chooses. There was no action taken in t~is regard. commissioner ~enzel moved that Co~issioner Kruse be appointed to serve on the Mental Health Clinic Board, having ~3=ertaineJ her willingness to accept the appointment. The ~otion was seconded by Co~issioner Wimer and unanimously carried. BO~RD DIRECTS THAT NO PUBLIC HEARINGS BE SCHEDULED FOR DECEMBER 23, 1980 ~!EE':"I:';G; ME:':TI~G TO BE Cl\NCELLE::J U~iLESS DEE~!ED NECESS,\RY Co~~issioner Wenzel moved, seconded by Commissioner Wimer ;\::~ 'Jn~nlmnllc:ly f'nl'r;pn, ~hnt no public hearings he scheduled for the meeting of December 23, 1980. There was additional brief discussion concerning whether or not the subject meeting should be cancelled, following which commissioner Wimer moved that, for the time being, the moeting be cancelled unless the County Manager or the Chairman determine 1 ! L,J L. J November 18, 1980 that it is important to hold a meeting on that date. Commissioner Kruse seconded the motion which carried by unanimous vote. RESIGNATION OF MS. SHERYL WEISINGER FROM LIBRARY ADVISOHY BOARD _ ACCEPTED: APPROPRIATE CERTIFICATE OF APPRECIATION TO BE PREPARED FOR CHAIRMAN'S SIGNATURE: PRESENT ALTERNATE MEMBER, DR. JOHN EKLUND, APPOINTED REGULAR MEMBER Commissioner Wenzel moved, seconded by commissioner Wimer and unanimously carried, that the resignation of Ms. Sheryl weisinger from the Library Advisory Board, as contained in the letter dated Nover:lber 11, 1980 from LAB Chairman Willis E. Kushman, be accepted, and that an appropriate certificate of appreciation be r "pared for the Chairman's ~ignatur~; also, that Lhe present Altern1'te ~lember, Dr. John Eklund, be notified of his appointment as a Regular Member on the advisory board. RESIGNATION OF IHLLIAI'1 F. MARLOW FROM EAC AND GGESC EFFECTIVE 11/5/80 - ~:CEPTED; APPROPRIATE CERTIFICATE OF APPRECIATION TO BE P REPlIRED FOR CH,;I R.\iJ;:-'; I S S IG~ATURE; PRESENT AL'"'ER:\;',TE ~IEMBEHS TO BE NOTIFIED OF APPOINTMENT TO REGULAR ME~IBERSHIP Commissioner Henzel moved, seconded by commissioner Brown and unani~ously carried, that the resignation of William F. Marlow from the Environmnntal Advisory Council and from t!1e Golden Gate Estates Study Committee, effective November 5, 1980, as contained in his letter dated November 5, 1980, be accepted: that an appropriate certificate of appreciation be prepared for the Chairman's signature; and that the present Alternate Members be notified of their appointment to regular membership on each of the advisory boards. REQUEST BY GERTRUDE G. COSTELLO FOR HEARING ON LIEN PLACED UPON NAPLES PARK PROPERTY FOR COSTS INCURRED FOR ABATEMENT OF PUBLIC NUISANCE - REFERRED TO STAFF Administrative Aide to the Board Mary Morgan referred to the letter dated November 10, 1980 from Mrs. Gertrude G. Costello wherein it is requested that she be permitted a hearing before the Board to show cause why the expenses and charges incurred by the County for the abatement of a public 8C8< 057 rAC( 432 e::^ 057 rACE 433 November 18, 1980 nuisance on property described as Lot 33, Block 35, Naples Park Unit 6, are unwarranted. It was noted that lien *106-80 was placed on her property on November 4, 1980. Noting that ~he property owner will be in the area in January, 1981, it was County Attorney Pickworth's suggestion that Mrs. Costello be informed to contact him at that time and, if the lot-mowing problem is taken care of and the fees paid, the lien can be discharged. County Manager Norman added that if it is determined that there has been an injustice done, that can be dealt with also. FOR~~L RESOLUTION TO BE DRAFTED EXPRESSING GRATITUDE TO CERTAIN OFF-DUTY SHERIFF DEPr,RTMENT PERSONNEL FOR ASSISTANCE TO TilE COUNTY ~~ lL/17/BO PUBLI~ HEARING AT EAST NAPLES MIDDLE SCHOOL; INDIVIDJ^L~ TO BE RECOGNIZED AT NEXT BCC MEETING Con~is5ioner Wimer reported that it has come to his attention that ~~ere were six memb~rs of the Sheriff's Depcrtment, all of ~hc~ "ere off-duty, in attendar.ce at the public hearing held on November 17. 1980 at the East Naples Middle School, protecting the autor:lobiles of the hundreds of people who were present at the IT.eeting. He said that such activity is commenc"lble and that he would like to see the Board adopt a formal resolution thanking the ir.divicuals and that he would also like to have the indivi- ..::.uals na;';'.ed. Deputy Chief Raymond Barnett said that the Commissioner's i~formation is correct and chat he would supply the names. County Manager Norman said that he would like to commend the School District also for their cooperation with the County in providing the public address system, and other activities, which were above and b~yond the call of duty. ChairmBn Pistor directed that a letter of appreciation be sent to the School Board. 1.-1 LJ L . J Novcmber 10, 1900 The motion to prepare a formal resolution and to rccognize the individuals at the next scheduled Board meeting, as made by Commissioner Wimer, was seconded by Commissioner Brown and unanimously carried. PROPERTY APPRAISAL ADJUSTMENT BOARD TO RECONVENE ON NOVEMBER 19, 1980 AT 3:00 P.M. TO ACT ON RECOMMENDATIONS BY SPECIAL MASTER County Attorney rickwortr. reported that the hearings by the Special Master, in conjunction with the Property Appraisal Adjustment Board, have been completed and that it is possible to have a meeting on Noverr.ber 19, 1980 at 3:00 p.m., if agree- able, to consider his (the Special Naster's) recommendations. Mr. Pickworth poillLe:u uu:" :"hilt the 1.:1....: provides thi'lt ~hp PAAR can act on the Master's recommendations without further hearings. T,ere were no objections to Attorney pickworth's suggestion forthcoming. MISCELLANEOUS CORRESPO:\DEClCE - FILED AND/OR REFERRED There being no objection, the Chair directed that the follo\~i~q ccrrespondenc2 b~ filed and,/or referred to th~ various departments as indicated: 1. Letter dated November 10, 1980 from Leo Pfaff, Member of the Board of Directors, Forest Lakes, regarding the drainage problems in the area - xc Public Works l\dministrator; and filed. 2. Letter dated November 10, 1980 from Richard L. Klaas, Quail Run Country Club indicating that there is a serious drainage problem in the area bounded by Goodlette Road, Pine Ridge Road, Air- port Road, and Golden Gate Parkway - xc Public Works Administrator, County Manager for response; and filed. 3. Memorandum dated November 6, 1980 from John P. Thomas, Executive Director, SACC, with regard to educating the public about the opportunity to deter 110mestend taxes - xc l"'iscal uifi(;~L', dllU Counly l1<1nagcr, for investigation ano Tp.commenda- tion; and filed. 4. Letter dated November 12, 1980 from Attorney Richnrd C. Mitchell, Sr. protesting the increase in the assessed value of his property - xc County Attorl1cy, and Property lIppraiser; and filed. 5. Letter dated November 10, 1980 from Representative Bafalis acknowledging receipt of Doard letter ex- pressing support of the Revenue Sharing Program - xc County Manager; and filed, ~":( 057 rl,~,E 434 ec~< 057 PACE 435 November 18, 1980 6. Copy of letter dated November 11, 1980 from J. L. Dutton to Governor Graham re the 100% assessment of property ~t fnir market value which the Governor m~nd~ted - Filed. 7. Letter d.lted November 11, 1980 from J.:unes D. Rigby, Jr. protesting the upcoming County Budget and the amount of taxes which he has to pay on his property - Filed. 8. Monthly reports for November, 1980 from Lee County Electric Cooperative Inc. for the Marco Lighting District, and the Immokalee Lighting District - xc Public Works Administrator; and filed. 9. Report from Departmcnt of Corrcctions of Immokalee StockaG~ inspection made October 22, 1980 - xc Public Safety Administrator; and filed. 10. Co~y of report dated November 10, 1980 from Civil Defense Director to County Manager re recent Hazardous ~Iateri~l Incident at United Telephone building - Filed. 11. Letter dated November 4, 1980 from Norman A. Jackson, Executive Director, Florida Co~nission on Human Relations,. enclosing proclamation signed by Gov. Graham naming December 7-13, 1980 as Human Rights \";eek in Florida - Filed. 12. Copy of letter dated November 7, 1980 from Fiscal Officer to Tax Collector Ayers re request fa I:' paymcn t made by Hr. Ayers .)r.d the need for Tax CollcctoI:"S office to certify to each taxing di3~rict it~ p~o rata share of the bill - Piled. 13. ~otice from the FD~R re implementation of the Florid.) Aquatic Preserve Act and transmitting rule ?roviding for general management criteria - xc of notice and original of material to E~vironr:lental Consultant; Notice filed. 14. PSC Notice re Docket 80052J-PU for repeal of Rule 25-14.02 for the Florida Corporate Income Tax - Filed. 15. Building Department monthly report for October, 1980 - Filed. There being no further business for the good of the County, the meeting was adjourned by order of the Chair - Time: 11:25 A.M. ,. BOARD OF COUNTY COMMISSIONERS; EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL If) .~~ ~Y\ / ( , i / l I _ore \ . r -J-~c) (.-t ATTEST: - WILLIAM j. REAGAN, CLE~ /-" ,. , ~. j~7+~~1i~ . - /('-""~~ /. ?<-~