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BCC Minutes 02/20/1979 R Naples, Florida, February 20, 1979 LET IT BE REMEMBERED. that the Board of County Commissioners in and for the County of Collier. and also acting as the.Governing Board(s) of such special districts as have been created according to law and having conducted business herein. met on this date at 9:00 A.M. in Regular Session in Building "F" of the Courthouse Complex with the following members present: CHAIRMAN: David C. Brown VICE-CHAIRMAN: Clifford Wenzel John A. Phtor C. R. "Russ" Wimer Thomas P. Archer ALSO PRESENT: William J. Reagan, Clerk; Harold L. Hall, Chief Deputy Clerk/Fiscal Officer. Edna Brenneman. Deputy Clerk~ C. William Norman. County Manager. Donald A. Pickworth. County Attorn~~ Neno J. Spagna. Community Development Administrator. Clifford Barksdale. County Engineer; Mary Morgan. Administrative Aide to the Board; and Deputy Chief Raymond Barnett, Sheriff's Department. AGENDA .- BOARD OF COUNTY COMMISSIONERS FINAL AGENDA February 20, 2979 REQUESTS TO ADDRESS THE BOARD OF COUNTY COMMISSIONERS, WHICH ARE NOT ON THIS AGENDA, WILL BE HEARD AT 11:00 A.M. UNDER "PUBLIC PETITIONS". 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF AGENDA 4. APPROVAL OF MINUTES: February 6, 1979 5. PROCLAMATIONS AND PRESENTATIONS OF AWARDS A. Proclamation of National Engineers Week for February 18-24, 1979. aODK 045 PAlE 521 . , aD OK 045 PAGE 526 February 20. 1979 AGENDA - APPROVED WITH ADDITION Commissioner Archer moved. seconded by Commissioner Pistor and carried unanimously 5/0, that the agenda be approved with the fOllOWing addition: 1. Resolution on behalf of deceased former County Employee. MINUTES OF FEBRUARY 6. 1979 - APPROVED AS PRESENTED Commissioner Wenzel moved, seconded by Commissioner Wimer and unanimously carried 5/0, that the minutes of the meeting of February 6, 1979 be approved as presented. PROCLAMATION ESTABLISHING THE PERIOD OF FEBRUARY 18 TO 24, 1979 AS "NATIONAL ENGIIlEERS WEEK" - ADOPTED Following the reading of same by Commissioner Archer, Commis~ioner Wimer moved, seconded by Commissioner Archer and carried unanimously 5/0, that the Proclamation establishing the period of February 18 through 24, 1979 as IINational Engi neers Week" be adopted. Speaking for the Engineer's Society, Engineer Clifford Schneider stepped forward to receive the Proclamation~nd expressed the Society's appreciation for the Board's action in adopting the Proclamation. '" '" '" '" . . '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" .,,~;.;~t:,. , . aOOK 045 PAGE52B February 20, 1979 RESOLUTION 79-28 COMMENDING AND HONORING FORMER COUNTY EMPLOYEE GEORGE H. ENGLE (DECEASED) - ADOPTED Following the reading of same by County Manager C. William Norman, Commissioner Wenzel moved, seconded by Commissioner Archer and unanimously carried 5/0, that Resolution 79-28 commending and honoring former County employee George H. Engle, now deceased, be adopted, and delivered to the family of Mr. Engle. ...., . .. ;,;; I .~.., .., ..~:. ,... i ,~i:;,: : I."l * . . . . '" "'lI! . '" . . . '" * '" '" '" '" '" '" '" . '" '" . * '" aOOK 045 PAGE530 February 20, 1979 ORDINANCE 79-9 RE PETITIO~ R-78-2RC. JAMES CALDERWOOD, REQUESTING REZONING FROM "A" TO liE" PROPERTY LOCATED IN SECTION 22. T505. R26E - ADOPTED Legal notice having been published in the Naples Daily News on January 19, 1979 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was held to consider a proposed ordinance with regard to Petition R-78-28C by James Calderwood requesting rezoning from "A" Agriculture to "E- Estates for property located in Section 22. Township 50 South, Range 26 East, which is located on the south side of Rattlesnake Hammock Road and East of Wing South Airpark. Community Development Administrator Neno Spagna explained that the petitioner wishes to rezone 17+ acres of the subject property into Estates-size parcels and to establish a home for the aged on a portion of the property. He stated that the petition was reviewed by all of the required County agencies; that the Coastal Area Planning Commission held its publiC hearing on January 4, 1979 and recommended that it be forwarded to the BCC with a recommendation of approval. It was established that there were no persons registered to speak on the matter. whereupon Commissioner Wenzel moved, seconded by Commissioner Archer and carried unanimously 5/0, that the public hearing be closed. Commissioner Archer movad to accept the recommendation of the staff and the CAPC and that Ordinance 79-9, as entitled below, be adopted and entered into Ordinance Book No.9. The motion was seconded by Commissioner Wenzel and unanimously carried 5/0. ORDINANCE 79 - .L- h. AN ORDINANCE AMENDING ORDINANCE 76-30 THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF TIfE COASTAL AREA PLANNING DISTRI~' BY AMENDING THE ZONING ATLAS )11\P NUl-lBER 50-26-5 BY REZONING THE FOLLOWING DESCRIBED PROBERTY FROM "A" I.GRICUL- TURE TO !'E" ESTATES: TIlE HEST ~ OF THE NW" OF THE N1'1" OF SECTIOn 22, TOWNSHIP 50 SO~rH, RANGE 26 EAST wnICH IS LOCATED ON THE SOUTH SIDE OF RATTLESNAKE HAMMOCK ROAD JUST EAST OF WING SOUTH AIRPARK AllD BY PROVIDING AN EFFECTIVE DATE. .. February 20. 1979 RESOLUTION 79-29 RE PETITION PU-78-20C, JAMES CALDERWOOD, REQUESTING PROVISIONAL USE (5) OF THE ESTATES DISTRICT TO ESTABLISH HOME FOR THE AGED ON PROPERTY LOCATED IN SECTION 22, T50S, R26E - ADOPTED WITH STIPULATIONS; PETITIONER'S AGREEMENT TO STIPULATIONS - ACCEPTED Community Development Administrator Neno Spagna advised the Board that Petition PU-78-28C has been reviewed by all required County agencies end recommended for approval with certain stipulations. He said that the Coastal Area Planning Commission held their pUblic hearing on January 4, 1979 and recommended forwarding the subject Petition to the Board with a recommendation of epproval subject to the staff's stipulations and that the petitioner has agreed to same. Commissioner Wenzel moved, seconded by Commissioner Archer and carried unanimously 5/0, thet Resolution 79-29 with regard to Petition PU-78-20C by James Calderwood requesting Provisional Use (5) of the Estates District to establish a home for the aged on property located in Section 22, Township 50 South, Range 26 East, be adopted, and that the petitioner's Agreement to the stipulations imposed be accepted. a.. '" . '" '" '" . . '" '" '" '" '" . '" '" '" '" eOOK 045 rACE 551 '" . 800K 045 PAGE 536 February 20, 1979 ORDINANCE 79-10 RE PETITION R-78-30C, DOUGLAS O. MC GOON, JR., REQUESTING REZONING FROM "A" TO IIFVR", "ROil, AND "GRe" FOR PROPERTY KNOWN AS COPELAND - ADOPTED, SUBJECT TO STAFF STIPULATIONS; PETITIONER'S AGREEMENT TO STIPULATIONS - ACCEPTED Legal notice having been published in the Naples Daily News on January 18, 1979 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was held to consider a proposed ordinance with regard to Petition R-78-30C by Douglas O. McGoon, Jr. requesting rezoning from "A" Agriculture to "FVR" Fishing Village Residential, "ROil Recreation Open Space District, and "GRC" General Retail Commercial on property known IS the Town of Copeland. Community Development Administrator Neno Spagna located the various areas to be rezoned on the map displayed and stated that the petitioner has appeared before the pertinent advisory agencies, all of whom have recommended approval for the rezoning subject to certain conditions. He said that the Coastal Area Planning Commission held their public hearing on January 4. 1979 and recommended that the petition be forwarded to the Board with a recommendation of approval subject to the staff's stipulations. Concerning the stipulations. the petitioner. Douglas O. McGoon. expressed concern over the requirement that a Subdivision Master Plan be submitted due to tha fact that the community is already established. Mr. McGoon also inquired if it is possible to have a nominal amount of farm animals in the IIFVRII district, noting that some of the residents are currently raising chickens for their own use. In response, Dr. Spagna commented that it is his opinion that the require- ment by the WMAB for a ~laster Plan would be in the event the property is re- subdivided or if any new development was contemplated. Regarding the raising of chickens. he said his attitude would be that this is permitted to continue unless it ~ould become a serious problem at which time each case could be considered individually. A further stipulation, said Dr. Spagna. is the determination of which cypress areas should be designated "ST". adding that this will be made in conjunction with Environmental Consultant Jay Harmic and can be included in the next Six-month Review by the Planning Staff for inclusion in the pertinent ordinance if appropriate. I '. " .: February 20, 1979 There being no persons registered to address the Board on the subject, Commissioner Wenzel moved, seconded by Commissioner Pistor that the public hearing be closed. County ^ttorney Pickworth expressed concern, referring to the matter of the raising of chickens, that the Board may be giving the petitioner permission to violate the zoning law. He said that it would be wise to check with the Zoning Director in this regard, adding the comment that, if such activity is "grandfathered inll there probably would be no problem. Upon call for the question the motion carried unanimously 5/0. Commissioner Wimer moved, seconded by Commissioner Wenzel and carried by unanimous vote 5/0, that Ordinance 79-10, as entitled below, be adopted, subject to staff stipulations, and entered into Ordinance Book No.9, and that the petitioner's Agreement to the stipulations imposed be accepted. OnDIllANCF. 79 - 1.C fiN ORD:.LNhNCE I\M.ENDING ORDINANCE 76-30 TilE COMPREHENSIVI: ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF THE COAS'1'.\L AREA PLANNING DISTRICT BY N~NDING THE ZONING ATLAS MAP NUMBER 52-29 BY CHANGING THE ZONING CLASSI- FICATIONS FRmi "A" AGRICULTURE '1'0 "RO" RECREATION OPEN SPACE, "GRC" GENERAL RETAIL COl>1MERCIAL, AND "FVR" FISIIING VILLAGE RESIDENTIAL ON TUE FOLLOWING DESCRIBED PROPERTY: PART OF SECTIONS 12 AND 13, ~lP 525, RGE 29E WHICH IS KNOWN'AS THE TO~m OF COPELnND AND BY PROVIDING AN EFFECTIVE DATE. '" '" * * '" '" '" * * &001( 045 PAGE 537 '" . '" * '.,. '" February 20, 1979 ORDINANCE 79-11 RE PETITION R-78-31C, U.S. HOMES, REQUESTING REZONING FROM "A" TO "RM-1-GH" FOR PROPERTY LOCATED IN SECTION 18. 150S. R26E . ADOPTED Legal notice having been published in the Naples Daily News on January 19, 1979 as evidenced by Aff~davit of Publication filed with the Clerk. public hearing was held to consider a proposed ordinance with regard to Petition R-78-31C by U. S. Homes Corporation requesting rezoning from "A" Agriculture to "~'-1GH" Residential Single and Multifamily Group Housing'for property located in Section 18, Township 50 South, Range 26 East which is located north of Lely Tropical Estates and east of Lakewood Unit 1. Community Development Administrator Neno Spagna located the property in question on the map provided and stated that the petition was reviewed by the Coastal Area Planning Commission on January 4, 1979 and recommende~ to the Board that the request for rezoning be approved. Dr. Spagna also advised that there were two letters received regarding the petition. one letter in support of, and one letter against, the petition. Responding to Commissioner Wenzel's inquiry with regard to density. Dr. Spagna said that the property will still be zoned .. RM-l" and that there will be no mbre uni ts permi tted under the "RM-1GH" than under 1IRM-1". Mr. William Barton, of Wilson, Miller, Barton, Soll & Peek representing the petitioner, was in attendance to respond to questions from the Board or the public. noting that two representatives from U.S. Homes Corporation were also present. Hr. Barton explained that the petition received 35 of a possible 40 rating points with regard to the various elements included in the project and that, in his opinion, will permit the best and highest use of the subject property, if the rezoning is granted. There being no persons expressing a desire to address the matter, Commissioner Pistor moved, seconded by Commissioner Wenzel and carried unanimously 5/0, that the public hearing be closed. Commissioner Archer moved, seconded by Commissioner Pistor and unanimously carried 5/0, that Ordinance 79-11, as entitled below. be adopted and entered into Ordinance Book No.9. &OOK 045 PAGE 539 !"ll'<' ,I' ~ :r~""'" J".' ., "_,, ....... I. ~OOK 045 PAGE 540 February 20, 1979 ORDINANCE 79 - 11 AN ORDINANCE AMENDING ORDINANCE 76-30 TUE COf.1PREHENSlVE ZONING REGULl\TIONS FOR TIlE UNINCORPORATED AREl\ OF THE COl\STAL AREl\ PL~~NING DISTRICT BY ~mNDING THE ZONING ATLAS MAP BYl1BER 50-26-4 BY REZONING TIlE FOLLOWING DESCRIBED PROPERTY FROM "A" AGRICUL- TURE TO "RM-1GH" SINGLE AND 11ULTI- FAl-1II,Y GROUP HOUSING: A PARCEL OP LAND LOCATED IN PART OF THE ItW).( OF SECTION 18, TWP 50S, RGE 26E "lHICH IS LOCATED AT THE END OF PEARL HARBOR URIVE ON THE NORTH SIDE OF OAHU DRIVE AND BY PROVIDING AN EFFECTIVE DATE. PETITION SMP-78-12C. U.S. HOMES, REQUESTING SUBDIVISION MASTER PLAN APPROVAL FOR PROPERTY LOCATED IN SECTION 18, T50S, R26E - APPROVAL GRANTED SUBJECT TO STIPULATIONS. PETITIONER'S AGREEMENT TO STIPULATIONS - ACCEPTED Legal notice having been published in the Naples Daily News on February 4. 1979 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition SMP-78-12C by the U.S. Homes Corporation requesting Su~ivis;on Master Plan 3pproval for property located in S~ction 18, Township 50 South. Range 26 East. .-, Mr. William Barton. of Wilson. Miller, Barton, Soll & Peek, representing the petitioner. explained that the petition has been reviewed by the Planning Staff. the Environmental Advisory Council, and the Water Management Advisory Board and recommended for approval subject to certain stipUlations. Commissioner Wenzel expressed his desire that the Utility Director annotate on the staff recommendations. as development plans are presented to the Board for their review. that such development will not tax the water/sewer facilities. Mr. Barton explained that, regarding the particular development under review, this project will make use of,a central sewage collection system to a private sewer plant. the capacity of which will be increased as required. The pressure and quantity of the water facilities, said Mr. Barton, will be adequate to meet the demands of the subdivision. Community Development Administrator Neno Spagna reported that the petition was reviewed by the Coastal Area Planning Commission on January 24, 1979 and recommended for Board approval subject to staff stipulations and also subject . .l~;~r' February 20, 1979 to the relocation of the street away from the entrance drive to the existing villa 'rea. This revision is included in the Plan, laid Dr. Spagna. There were no persons registered to speak on the petition, whereupon Commissioner Pistor moved, seconded by Commissioner Wenzel and carried 5/0, that the public hearing be closed. Commissioner Archer moved, seconded by Commissioner Pis~or and carried unanimously 5/0. that the Board approve the Subdivision Master Plan, as contained in Petition SMP-78-12C by U.S. Homes Corporation, subject to certain stipulations, and that the petitioner's Agreement to those stipulations be accepted. . '" '" ;t.; '" '" '" '" '" '" . '" '" '" '" '" * '" '" '" . . . '" ~OOK 045 PACE 541 '" . . February 20, 1979 PETITION R-78-32C, ROBERT TUYLS, REQUESTING REZONWG FRO.' "RS-311 TO IIRM-2" FOR PROPERTY LOCATED IN SECTION 18, T50S, R26E - PUBLIC HEARIIlG CONTINUED UNTIL FEBRUARY 27. 1979 Legal notice having been published in the Naples Daily News on January 19, 1979 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider a proposed ordinance with regard to Petition R-78-32Cby Robert Tuyls requesting rezoning from "RS-3" Single Family zoning to "RM-2" Multi-family zoning for property located in Section 18, Township 5q South, Range 26 East. further described as being located on the northeast corner of Hawaii Boulevard and Rattlesnake Hammock Road. Community Development Administrator Neno Spagna located the property in question on the colored map displayed and adivsed the Board that the petition has been reviewed by and recommended for approval by. all County agencies in the. areas of concern subject to certain stipulations. He continued by stating that the Coastal Area Planning Commission held their public hearing on January 4, 1979 and directed that the petition be forward9d to the Board with a recommenda1 of denial because it was felt that approval of the rezoning would add to the ~ worsening of the existing sewage situation; that the existing zoning is adequatl and. that zoning to IRM-2" would be improper with the density that is permissib' Commissioner Wenzel observed that a letter to the Chairman has been receivl stating that the property was only purchased six months previous and that the purchaser was aware of the zoning at the time of purchase, and questioned why the zoning should be changed. Dr. Spagna responded by stating that it is felt that "RM-2" zoning is the proper zoning for the subject property. Concerning tl objections raised with regard to the rezoning, Dr. Spagna explained the'reasons why he felt the petition should be approved, noting that he has been advised thl the drainage is adequate. the petition has been appr~ved by the Health DepartmeJ and the Water Management Advisory Board, and that the requested zoning will fit into the neighborhood. Commissioner Pistor provided the Board with information that he has receiVE with regard to prior problems with the sewage system and what has been done to correct them. aoox 045 PACE 549 ~t!)T~~r'~;"~' t ~J~ . , 800K 045 PAGE544 February 20, 1979 Mr. William Barton of Wilson, Miller, Barton, 5011 & Peek. representing the petitioner, explained that the petitioner purchased the property with the intent at the time of purchase to petition for rezoning - that it was not a sudden decision. He reviewed the results of the presentations before the various County staffs which resulted in a recommendation for approval by the Planning staff. also, said Mr. Barton, approval has been obtained from the Environmental Advisory Council and from the Water Management Advisory Board. He said that the complaints regarding the sanitary sewer heard during the CAPC hearing, .at the time they were made. were valid and, ~y referring to a drawing posted on the corkboard for this purpose, explained the reasons for the problems at that time, and confirmed the statement previously referred to that the problems have been corrected. Mr. Barton also added that 'pre- and post- inspection has been made by the Department of Environmental Regulation in this regard. reading in part from DER correspondence dated January 12 and January 29. 1979. He addressed the rezoning matter and suggested that the "RM-2" zoning district will provide an excellent b~ffer between the single-family district and the highway, commenting on the fact that the density will only be increased by an estimated 37 dwelling units over what is permitted under eXisting zoning. ConclUding. Mr. Barton said that the project has received 37 points out of a possible 40 on the County's rating system. It was Commissioner Wenzel's suggestion that, due to a conflict between the staff and the CAPC recommendations. the petition be reviewed again by the CAPC due to the facts being brought out during the present hearing which were not available earlier. At this point, Chairman Brown introduced a letter dated February 7. 1979 from Alfred E. Stevens, adjacent resident, urging the Board to abide by the CAPC recommendation and to deny the petition. The fOllowing persons re~lding in Lely Villas addressed the Board in opposit~ to the petition: ( February 20, 1979 1. William Pettit - Submitted pictures showing ,faulty water/sewer facilities, and poor drainage in the area. 2. Ms. Olga M. Rose - Submitted letter for the record of oral comnents. 3. Ms. Dora Palmer - Submitted petition from Lely Villas residents opposed to the rezoning of the subject property, plus a written statement of her objections re same. " Also filed for the record was a statement of opposition from the Chairman, Ad Hoc Committee, Lely Villas Condominium Association of Naples, Inc. Lengthy discussion of the prOblems followed. Commissioner Archer suggested that the problems being discussed, concerning drainage and sewer, may possibly be caused by the Lely development and their system and should, therefore, be taken to them for settlement. Commissioner Archer moved that the public hearing be continued for one week to permit further review of the problems brought out during the hearing. Commissioner Wenzel seconded the motion which carried unanimously 5/0. * . . . . '" . '" '" '" '" '" '" '" '" * RECESS: 10:30 A.M. until 10:40 A.M. ~ . . '" '" '" '" '" * '" '" '" '" '" '" . . PETITION R-78-34C, MOORINGS, INC., REQUESTING REZONING FROM "A" TO "RS_3" FOR PROPERTY LOCATED IN SECTION 15. T49S, R25E - CONTINUED UNTIL MARCH 20, 1979. AS REQUESTED BY PETITIONER Legal notice having been published in the Naples Daily News on January 19, 1979 as evidenced by Affidavit of Publication filed with the Clerk. public hearing was opened to consider a proposed ordinance reretition R-78-34~ by Moorings, Inc., requesting rezoning from "A" to "RS-3" for property located in Section 15, Township 49 South, Range 25 East. FOllowing brief explanation by Community Development Administrator Neno Spagna, Commissioner Wenzel moved, seconded by Commissioner Pistor and carried 4/0 with Commissioner Archer not present, that the public hearing with regard to Petition R-78-34C by Moorings, Inc. for rezoning of certain property be continued until March 20, 1979 as requested by the petitioner. &OOK 045 PACE545 BOOK 045 rACE 546 February 20, 1979 , I1r. William Vines, Planner, representing the petitioner, stated that the petitioner is desirous of utilizing the services of a professional retirement community planner for possible modifications to the project plans and that additional time is needed for negotiations with the firm. PETITION BY HOORINGS, INC. REQUESTING IIPUD" ZONING FOR PROPERTY LOCATED IN SECTION 15, T49S, R25E - CONTINUED UNTIL MARCH 20, 1979 AS REQUESTED BY PETITIONER Legal notice having been published in the Naples Daily News on January 19. 1979 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider the petition by Moorings, Inc. requesting "PUD" zoning for property located in Section 15. Township 49 South, Range 25 East. Commissioner Wenzel moved, seconded by Commissioner Pistor and carried 4/0 with Commissioner Archer absent, that the pUblic hearing re petition by Moorings, Inc. requesting IIPUD" zoning for SUbject property be continued until March 20, 1979. as reqt\ested by the petitioner. '.. ORDINANCE 79-12. PLANNING DEPARTMENt, REQUESTING REZONING FROM IRM-2" TO "ROil FOR TRACT A. UNIT 13. MARCO BEACH SUBDIVISION - ADOPTED Legal notice having been published in the liarco Island Eagle on January 18, 1979 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was held to consider a proposed ordinance by the Planning Department requesting rezoning from "RM-2" to II RO" for Tract A, Unit 13, Marco Beach Sub- division. Community Development Administrator Neno Spagna, referring to the colored map display, located the property in question and explained that the parcel is shown on the Deltona Master Plan of Marco Island as a Yacht Club site. Prior to.the Coastal Area Planning Commission public h~aring on January 4,1979, the ., petitioner requested that a portion of the parcel be ,'ezoned to IRS-3", said Dr. Spagna. however, it was the recommendation of the CAPC that the entire area be rezoned to "RO" at this time and the petitioner cou.ld come in at a later date to request that the southern portion be rezoned to "RS-3". February 20, 1979 Responding to Commissioner Pistor, Hr. Robert Smith, Project Planner for the Deltona Corporation, stated that the petitioner has no objection to the approach to rezoning outlined by Dr. Spagna. Mr. Harry W. McNey, property owner in the affected area, expressed his desire to have the property rezoned to "RO" from "RM-2" in order to protect the "estates" concept of the area, and prevent the construction of high-rises, and the like on the parcel. No further persons were in attendance to address the matter, whereupon Commissioner Wenzel moved, seconded by Commissioner Pistor and unanimously carried 5/0, that the public hearing be closed. Commissioner Pistor moved, seconded by Commissioner Wenzel and carried unanimously 5/0. that Ordinance 79-12,as entitled below, be adcpted and entered into Ordinance Book. No.9. ORDINANCE 79 - 12 lIN ORDINANCE lIHENDING ORDINlINCE 76-30 TilE COHPREIIENSIVI: ZO~ING REGULATIONS FOR THE UNINOCRPOnATED ARElIOF THE COASTAL lIREA PL1u~l>:ING DISTRICT BY AMENDING 'tIlE ZONI~G ATLAS .1A1' NUMDER lU-IO BY REZONING THE FOLLOl'lING DES- CRIDED PROPERTY FRO:.! "RM-2" ~1ULTI- FMlILY TO "RO" RECREATION OPEN SPACE DISTRICT: TRACT A, m~IT 13, MARCO BEACH SUBDIVISION HHICH IS LOCATED AT THE END OF SOUTH BARFIELD DRIVE AT c~mAS PASS ABD BY PROVIDING lIN EFFECTIVE DATE. RESOLUTION 79-30 CREATING THE ANDERSON ROAD IMPROVEMENT DISTRICT BY THE ASSESSMENT METHOD - ADOPTED. AUTHORIZATION GIVEN FOR STAFF TO PROCEED . WITH IMPROVEMENTS Legal notice having be~n published fn the Naples Daily News on January 30. 1979 as evidenced by ~ffidavft of Publication filed with the Clerk, public hearing was held to consider a proposed resolution to create the Anderson Road Paving District by the assessment method. County Engineer Clifford Barksdale advised that the rights-of-way for the project have been acquired and recorded. and the engineering plans and specificl &OOK 045 PACE547 800K 045 PACE 548 February 20, 1979 have been advertised for bids. which have been received. Mr. Barksdale said that the total estimated cost, including engineering and administrative fees, is $98.471.59. or $13.26 per front foot, for approximately 7,428 feet of roadway. He added that the petition for the improvements contained more than the 50% plus one which is required. The following persons were present to express their approval of the project: 1. Wesley leon 2. Orsie Anthony 3. .Clemino Wright 4. Virginia Nesmith 5. Michael Van Camp 6. James A. Mclaughlin Mr. Van Camp stated that, although in favor of the pavement project for the betterment of his neighbors, he was concerned over the size of his assess- ment since the entrance to his business, Marydale Land & Livestock Co., fronts on Airport Road and that he has no access to Anderson Road. Mr. Van Camp's problem was discussed at some length with Commissioner Wimer suggesting that his assessment be held in abeyance until physical connection is made to the roadway. Fiscal Officer Harold Hall explained that the County has no mechanism for deferring charges beyond the payback period which, in this case, might be extended to seven years. County Attorney Pickworth concurred with Mr. Hall and added the comment that any lawful assessment is based on tho concept of benefit and that. even though the property owner does not choose to make use of the improved road, the potential is there and the value of the property will be increased. The possibility of Mr. Van Camp Changing the entrance to his business so that it would front on Anderson Road was also discussed. It was poi~ted out by Mr. B~rksdale that the cost of the project is based on replacing existing driveways and does not include providing new accesses. Mr. Hall submitted for the record a letter from property owner Chester W. Collier favoring the road improvement, and a letter from Valeria and Joan Dauksys. also property owners, Objecting to the paving of the road. Februar,y 20, 1979 All proponents and opponents having been heard. Commissioner.Wenzel moved, seconded by Commissioner Pistor and carried unanimously 5/0, that the public hearing be closed. Commissioner Wimer moved, seconded by Commissioner Wenzel and carried unanimously 5/0, that Resolution 79-30 creating a paVing district for Anderson Road be adopted and that the engineers be authorized to proceed with the project. .. '" '" .. '" .:r. .. '" '" '" * '" '" '" '" .. '" '" '" '" '" .. '" * '" MOK 045 PAGE 549 '" '" '" BOOK 045 PACE 652 February 20, 1979 PETITION R-78-37-C, JOHN PULLING AND MILES SCOFIELD, REQUESTING REZONING FROM "A" TO "CI" FOR PROPERTY LOCATED IN SECTION 12, T49S, R25E - ADVERTISING AUTHORIZED FOR PUBLIC HEARING APRIL 3. 1979 Commissioner Wenzel moved, seconded by Commissioner Pistor and carried 5/0, that Petition R-78-37-C by John Pulling and Miles Scofield requesting rezoning from "A" to "CI" for property in Section 12, Township 49 South, Range 25 East. which is located on the east side of Airport Road opposite J & C Boulevard. be advertised for public hearing April 3, 1979. PETITION NZ-78-1-C, PLANNING DEPARTMENT, REQUESTING AMENDMENT TO ORDINANCE 76-30 BY AMENDING SECTION 3 - ADVERTISING AUTHORIZED FOR PUBLIC HEARING /.fARCH 20. 1979 Commissioner Wenzel moved seconded by Commissioner Pistor and carried 5/0 that Petition NZ-79-1-C by the Planning Department requesting an amendment to Ordinance 76-30 The Comprehensive Zoning Regulations by amending Section 3 - Definition for Accessory Use or Structure, be advertised for public hearing March 20. 1979, PETITION R-79-5-C. LLOYD SHEEHAN, REQUESTING REZONING FROM "GC" TO "RS-3-GHII FOR PROPERTY IN SECTION 14, T48S. R25E - ADVERTISING AUTHORIZED FOR PUBLIC HEARING APRIL 3. 1979 Commissioner Wenzel moved. seconded by Commissioner Pistor and carried 5/0. that Petition R-79-5-C by Lloyd Sheehan requesting rezoning from "GC" Golf Course to "RS-J-GH" Residential Single Family Group HOUSing in Section 14, Township 48 South, Range 25 East, located at the southwest corner of Imperial Golf Estates. be advertised for public hearing on April 3, 1979. PETITION R-78-8-I, ADRIAN CHAPMAN, REQUESTING REZONING OF PROPERTY IN SECTIONS 8 AND 17. T46S, R29E, FRor~ "I-A-111 TO "I-C-2" - ADVERTISING AUTHORIZED FOR PUBLIC HEARING APRIL 10. 1979 Commissioner Wenzel moved, seconded by Commissioner Pistor and carried 5/0. that Petition R-78-8-I by Adrian Chapman requesting rezoning from "I-A-111 to "I-C-2" for property located in Sections 8 and 17, Township 46 South, Range 29 East, to allow the construction of a farm store at the intersection of SR-29 and SR-82. Immokalee. be advertised for pUblic hearing April 10, 1979. February 20, 1979 PETITION R-79-1-I, ROBERT DAVENPORT, REQUESTING REZONING CHANGE FROM "I-SF-2" TO "I-MHTT" WITH PU (4) FOR PROPERTY IN SECTION 32. T465. R29E - ADVERTISING AUTHORIZED FOR PUBLIC HEARING APRIL 10, 1979 Commissioner Wenzel mov~d. seconded by Commissioner Pistor and carried 5/0. that Petition R-79-1-I by Robert Davenport requesting zoning change from "I-SF-2" Single-Family to "I-MHTT" ~Iobile Home Travel Trailer District, with Provisional Use (4), for property located in Section 32. Township 45 South, Range 29 East, located 1,850' west of North 15th Street on the south side of Lake Trafford Road, be advertised for public hearing April 10, 1979. BOARD AUTHORIZES RENEWAL OF PISTOL LICENSE RE JOYCE M. CURTIS (PERMIT NO. 79-6). AND THOMAS Z. CLIFTON (PERMIT NO. 79-7) Commissioner Archer moved, seconded by Commissioner Wenzel an~ carried unanimously 5/0. that the following renewal of Pistol Licenses be authorized. as recommended by staff: 1. Permit 79-6 - Joyce M. Curtis 2. Permit 79-7 - Thomas Z. Clifton LEASE AGREEMENT TO PERMIT LOCATION OF MOBIl! DRIVERS' lICENSING OFFICE ON IMMOKALEE AIRPORT PROPERTY - APPROVED FOR CHAIRMAN'S SIGNATURE Following brief explanation by County Manager Norman, Commissioner Wimer moved. seconded by Commissioner Wenzel and carried unanimously 5/0, that the Lease Agreement to permit the location of a Mobile Drivers' Licensing Office on Immokalee Airport property be approved for the Chairman's signature, as recommended. '" '" . '" '" . '" . '" '" '" '" MOK 045 PAGE.s53 '" '" '" &OOK 045 PAGE 560 February 20, 1979 LEAVE OF ABSENCE FOR YOUTH GUIDANCE DIRECTOR KATHLEEN MANZ FROM FEBRUARY 23 TO APRIL 23, 1979 - APPROVED Commissioner Wimer moved, seconded by Commissioner Wenzel and carried 5/0, that the leave of absence for Kathleen Mlnz, Youth Guidance Director, from February 23 to April 23, 1979, be approved, as recommended by staff. DRAINAGE EASEMENT BY MR. AND MRS. JAMES R. HAYWARD ACROSS THE NORm 5' OF LOT 1. BLOCK B. LITTLE HICKORY SHORES UtIIT..~O. ~ l--..ACCEPIED AND. APPROVED, FOR RECORDATION Commissioner Archer moved, seconded by Commissioner Pistor and carried 5/0, that the Drainage Easement offered by Mr. and Mrs. James R. Hayward, across the north five feet of Lot 1, Block B, Little Hickory Shores Unit No.1, to provide drainage outfall into Little Hickory Lagoon, be accepted and approved for recorUation, as recommended by the County Engineer. '" ." '" '" '" '" '" '" "- '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" ~~'~I ~ '. 1<.//' I. eODK 045 'A~E 562 Februar.y 20, 1979 20' DRAINAGE EASEMENT BY THE DELTOrlA CORPORATION, BETWEEN LOTS 2 AND 3. BLOCK 177. MARCO BEACH UNIT 7 - ACCEPTED AND APPROVED FOR RECORDATION Commissioner Pistor moved, seconded by Commissioner Wenzel and unanimously carried 5/0, that a 20' Drainage Easement, as offered by The Deltona Corporation, between Lots 2 and 3, Block 177, Marco Beach Unit 7. with regard to the instal- lation of a 36" storm sewer drainage facili~ It SUbject location, be accepted and approved for recordation, as recommended by the County Engineer. ~ * . * . .." '" . '" '" '" '" '" '" '" '" '" * '" '" * * '" * '" '" 600K 045 PACE S66 February 20, 1979 COUNTY ENGI~EER REPORTS ON PROGRESS RE WATER PIPELINE TO LAKE TRAFFORD CEMETERY AND LITTLE LEAGUE BALLFIELD IN IMMOKALEE Chairman Brown, noting that the subject is 1I01d business", stated that he has received a further request from his District for installation of a water pipeline to the Lake Trafford Cemetery extending same onto the Little League Ballfield in Immokalee. County Engineer Barksdale stated that, at Chariman Brown's request, the Immokalee Water Department has been contacted and an attempt will be made to work out a system for running a pipeline from Lake Trafford Road to the Cemetery and the Little League Ballfield. When further information is received, said Mr. Barksdale, the matter will be brought back to the Board for their recommendation. RESOLUTION 79-31 RE PETITION SNR-79-2 CONFIRMING STREET NAME OF "REDBIRD LANE" FOR STREET IN SECTION 23, T50S, R26E - ADOPTED Commissioner Wenzel moved, seconded by Commissioner Pistor and carried 4/0 with Co~issior.er Arch~r not present, that Resolution 79-31 confirming street name of "Redbird Lane" for a Jtreet in Section 23, Township 50 South, Range 26 East, be adopted, as requested by John Galvin in Petition SNR-79-2. '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" * '" eoox 045 PACE568 February 20, 1979 RESOLUTION 79-32 RE PETITION PU-78-22C, A. AUTORINO CTROPIGAS), REQUESTING PU(3) OF "I" DISTRICT IN SECTION 11, T49S, R25E - ADOPTED WITH STIPULATIONSi PETITIONER'S AGREEMENT TO STIPULATIOfIS - ACCEPTED Community Development Administrator Neno Spagna explained that the petitioner A. Autorino, representing Tropigas, is proposing to relocate their storage facility from the downtown Naples area to the Pine Ridge industrial area and is requesting, via Petition PU-78-22C, Provisional Use (3) of the "I" Industrial District for property located in Section 11. Township 49 South. Range 25 East, further .described as being located on the southwest corner of Airport Road and J & C Boulevard. He said that the request has met with the approval of all appropriate agencies and that the Coastal Area Planning Commission has reviewed the petition and recommends approval subject to staff stipulations, including their stipulations that the access on Airport Road be relocated to J & C Boulevard. Commissic~er Wc~zel moved, seconded by Commissioner Pistor and c~rrried 4/0 with Commissioner Archer not pr~sent, that Resolution 79-32 re Petition PU-78-~2C by A. Autorino, representing Tropigas, be adopted with the stipulations by staff and by the CAPCi and that the Petitioner's Agreement to the stipulations be accepted. '" '" '" . '" '" .. '" '" '" '" '" * '" '" * '" '" * BOOK 045 PACE 574 February 20, 1979 RESOLUTION 79-33 RE PETITION PU-78-25-C. VFW POST 7721. REQUESTING PU(6) OF "E" DISTRICT FOR PROPERTY LOCATED 014 THE NORTH 180' OF TRACT 109, UNIT 26. GOLDEN GATE ESTATES - ADOPTED WITH STIPULATIONS Community Development Administrator Neno Spagna explained that Provisional Use (6) of the "E" Estates zon~ng district is being requested by VFW Post 7721 to locate a fraternal club on the north 180' of Tract 109, Unit 26 Golden Gate Estates, further described as being approximately 840' north of White Boulevarc on the west side of SR 951. He said that the petition has been reviewed and recommended for approval by all County agencies in their areas of concern with certain stipulations, and that the Coastal Area Planning Commission held their public hearing on February 1, 1979 and recommended forwarding the petition to the Board with a recommendation of approval subject to the staff's stipulation! He added that the petitioner has agreed to subject stipulations. Responding tc Commissioner Pistor, Dr. Spagna stated that the affected residents of the area were notified of the petition and that ther. were no objections forthcoming, commenting that the specific area is considerably isolated. Commissioner Wenzel.moved, seconded by Commissioner Pistor and carried 4/0 with Commissioner Archer not present, that Resolution 79-33 re Petition PU-78-25-C by VFW Post 7721 requesting PU (6) of the Estates District on the north 180' of Tract 109, Unit 26, Golden Gate Estates, be adopted subject to the staff's stipulations contained in the attachment thereto. '" '" '" '" '" '" '" '" * '" '" '" '" '" '" '" '" '" February 20, 1979 BID 1347 FOR THE PAVING AND DRAINAGE IMPROVEMENTS TO ANDERSON ROAD - AWARDED TO BRISSON ENTERPRISES. INC.. NAPLES. FLORIDA IN THE AMOUNT OF $87.143 Legal notice having been published in the Naples Daily News on December 13 and 15, 1978 as evidenced by Affidavit of Publication filed with the Clerk, bids were received until January 17, 1979 for the drainage improvements and paving of Anderson Road. Following brief discussion. Commissioner Wenzel moved, seconded by Com- missioner Pistor and carried 4/0 with Commissioner Archer not present, .that . Rid 1347 he llwarded to Rr1s~on Enterprises, Inc... Naples, Florida. in the amount of $87,143, as contained in the recommendation of the Bid Review Com- mittee letter dated February 6. 1979, and that the Chairman and the Clerk be authorized to sign and attest the resulting Agreement. It was noted for the record by Fiscal Officer Harold Hall that funds are available for the project. BID 1348 FOR FURNISHING AND DELIVERING TWO ATHLETIC FIELD CONDITIONER MACHINES _ AWARDED TO DE BRA TRACTOR & IMPLEMENT CO., INC., FORT MYERS, FLORIDA IN THE NET AMOUNT OF $4.800 Legal notice having been published in the Naples Daily News on January 16 and. 18, 1979 as evidenced by Affidavit of Publication filed with the Clerk, bids were received until February 7, 1979 for furn~shing and delivering two Athletic Fi!ld Conditioner Machines for use by the Parks and Recreation Depart- ment. Commissioner Wimer moved, seconded by Commissioner Archer and unanimously carried 5/0, that Bid 1348 for furni$hing and delivering two Athletic Field Conditioner Machines be awarded to DeBra Tractor & Impler.~nt Co., Inc., .Fort ~ers, Florida in the net amount of $4,800 as contained in the recommendation of the Bid Review Committee letter dated February 7, 1979, and that the Chainman and the Clerk be authorized to sign and attest the resulting Agreement. AMENDMENT OF POSITION CLASSIFICATION PLAN BY SUBSTITUTING POSITION OF FIRE CHIEF FOR POSITION OF FIRE ADMINISTRATOR RE OCHOPEE FIRE CONTROL DISTRICT - APPROVED; BUDGET AMENDMENT RE SAME - AUTHORIZED. IF REQUIRED County Manager Norman explained that what is being proposed in the Executive Summary prepared by his staff dated February 16. 1979 is a recommendation for amenc eOOK 045 PACE 579 BOOX 046 'AGE 580 February 20, 1979 the Position Classification Plan by deleting the position of Ochopee Fire Administrator and to amend the budgeted positions for the Ochopee Fire Control District by deleting Fire Administrator and adding Fire Chief, and to authorize appropriate budget amendments, if required. He said that due to the fact that the Ochopee Fire Administrator has submitted his resignatio~ it would be appropriate to change the classification at this time. Continuing, Mr. Norman said that the position of Fire Administrator was created to meet the needs of the individual in that position and it would be appropriate now to hire a certified fire fighter to fill the new position. Concerning funding of the increased salary requirements, Fiscal Officer Harold Hall advised that the Ochopee Fire Control District has its ~wn contingency fund from which the funds could be appropriated. Commissioner Wimer.inquired if a full-time Fire Chief is necessary With Mr. Norman responding in the affirmative stating that it is necessary to have a person in char~e of ,he department who will be responsible for the volunteer firemen as well as the station. Commissioner Archer moved, seconded by Commissioner Wenzel and carried unanimously 5/0. that the Position Classification Plan be amended by substituting Fire Chief position for Fire Administrator position, and that the budget amendment. if necessary, be authorized. with regard to the Ochopee Fire Control District. ROUTINE BILLS - AUTHORIZED FOR PAYMENT Following Fiscal Officer Harold Hall's advice that the bills being presented for payment approval have been processed under established poliCies and that funds are available, Commissioner Pistor moved, seconded by Commissioner Archer and unanimOUSly carried. that the bills be approved for payment as witnessed by the following warrants issued from February 14 through 20, 1979: .E!:'!m. WARRANT NOS. County Warrants 004183 - 004377 BCC Payroll 56730 _ '57253 General Fund 21 _ 22 February 20. 1979 BUDGET ~'END~'ENT 79-42 TO APPROPRIATE FUNDS FOR INSTALLATION OF TRAFFIC SIGNAL- IZATION AT INTERSECTION OF U.S. 41 AND C.R. 862 · ADOPTED IN THE AMOUtrr OF $40,000 Commissioner Archer moved, seconded by Commissioner Wenzel and carried unanimously 5/0, that Budget. Amendment 79-42 to appropriate funds for the installation of traffic signalization at the intersection of U.S. 41 and C.R. 862 be adopted. In answer to Commissioner Archer's query as to whether or not a signed document has been received with regard to repayment by the FDOT, Fiscal Officer Harold Hall stated that there is a commitment concerning the matter and that a signed document will be forthcoming. * '" * '" - '" '" '" '" '" '" * '" '" * '" '" * '" '" '" '" * BOOK 045 PACE 58! February 20, 1979 BOARD APPROVES REDUCTION FROM FIVE MEMBERS TO THREE MEMBERS RE GOLDEN GATE CIVIC CENTER ADVISORY CO~lITTEE, SAID COMMITTEE TO CONSIST OF MEMBERS CURRENTLY SERVING UNEXPIRED TERMS, NAMELY HERBERT C. FOLL, MRS. BIRNEY MILLER, AND LT. COL ARTHUR KAPLAN Commissioner Archer noted that the charter for the Golden Gata Civic Center Advisory Committee states that subject Committee is to be composed of three to five members, and that since there have been resignations, expiration of terms, and the like, moved that the membership on the Committee be reduced from five to three members, to consist of those persons now serVing unexpired terms; namel Herbert C. Foll, Mrs. Birney Miller, and Lt. Col. Arthur Kaplan. The motion was seconded by Commissioner Wenzel and carried un~jmously 5/0. . ,. Commissioner Wenzel, prior to his seconding of the motion, observed that, in his opinion, he has been negligent in approving appOintments of persons whom he does not know to the various advisory committees.. In the furture, said the Commissioner, he will no longer vote to appoint persons without first having had the opportunity of meeting them. In this particular case, he said that he is acquainted with the aforementionp.d individuals. BOARD APPOINTS MRS. PARTICIA ANNE GOODNIGHT~AS ALTERNATE MEMBER ON PARKS & RECREATION ADVISORY BOARD Administrative Aide to the Board Mary Morgan advised the Board that, due to the recent resignation of the District 5 representative on the Parks & Recreation Advisory Board, a vacancy on the Board exists for the position of Alternate Member. She said that a resume has been received from a resident of Commission District 5. Mrs. Patricia Anne Goodnight, noting that no other resumes have been received. Commissioner Archer moved, seconded by Commissioner Pistor and carried 4/1 with Commissioner Wimer voting in opposition, that Mrs. Patricia Anne Goodnight be appointed as Alternate Member on the Parks & Recreation Advisory Board. BOARD REAPPOINTS PRESENT MEMBERSHIP ON CONTRACTORS' LICENSING BOARD TO ADDITIONAl ONE-YEAR TERMS - TE~lS TO EXPIRE DECEMBER 31, 1979, OR AT SUCH TIME AS PRESENT ORDINANCE IS AMENDED Administrative Aide to the Board Mary Morgan explained that the staff advisl that the present Contractors' Licensing Ordinance is being reviewed for amendmen. BOOK 045 PACE 583 ~O~~~ February 20, 1979 and, until such time as the amended ordinance is adopted, it is being requested that the present membership, whose terms were to expire December 31, 1978, be reappointed for one-year terms. She said that the members have indicated to staff their willingness to continue serving. Commissioner Wimer moved, seconded by Commissioner Pistor and carried 4/1 with Commissioner Wenzel voting in opposition, that the present membership on the Contractors' Licensing Board be reappointed for one-year terms or until such time as the originating ordinance is amended, whichever comes first. BOARD APPOINTS LEWIS COLLINS, PRESENT ALTERNATE MEMBER, TO REGULAR MEMBER ON THE FOOD ESTABLISHMENT REVIEW BOARD; DR. BRYAN DAWBER APPOINTED ALTERNATE MEMBER Administrative Aide to the Board Mary Morgan explained briefly the status of the membership on the Food Establishment Review Board and the requirements for memberShip, as provided for in the pertinent ordinance which created the advisory b0!rd. Following short discu~sion, Commissioner Archer moved that Lewis Collins be appointed to regular membership on the Food Establishment Review Board, with term ~ to expire on November 30, 1980, and that Dr. Bryan Dawber be appointed to the alternate's position on subject board. The motion was seconded by Commissioner Pistor and carried 4/1 with Commissioner Wenzel voting contrary. BOARD ACTION OF FEBRUARY 13, 1979 RE APPOINTMENT TO WATER MANAGEMENT ADVISORY BOARI RESCINDED; BOARD APPOINTS JOSEPH D. BONNESS AS REGULAR MEMBER (TERM TO EXPIRE IN 1983), AND STEPHEN G. MITCHELL AS ALTERNATE MEMBER Following brief discussion of the memberShip on the Water Management Advisory Board, the existing vacancies, and the like, Commissioner Archer moved, seconded ~ Commissioner Wimer and carried 4/1 with Commissioner Pistor voting in opposition, that the action taken by the Board February 13, 1979 for appointment to fill the vacancy on the advisory board, be rescinded. Commissioner Wimer moved, seconded by Commissioner Archer and carried 3/2 witl Commissioners Wenzel and Pistor voting in opposition, that Joseph D. Bonness be appointed as Regular Member on the ~~B with term expiring in April, 1983, and tha' Stephen G. Mitchell be appointed as Alternate Member on the WMAB. February 20. 1979 DISCUSSION OF POLICY OF APPOINTMENTS TO VARIOUS ADVISORY BOARDS, ALTERNATE MEMBERSHIPS, AND THE LIKE. TO BE SCHEDULED FOR FUTURE WORKSHOP SESSION The subject of appointments to the various County advisory boards was discussed, including the matter of alternate memberships. Commissioner Archer moved. seconded by Commissioner Pistor, that appointments of alternates be discontinued and that, as vacancies on a board occur in a particular Commission District, the Commissioner from that district would apPOint an appropriate person from his district.to fill the vacancy. No action was taken on the motion, the consensus being that the subject matter be scheduled on a future Workshop agenda. It was decided that the current policy of making appointments be continued until such time as the entire pOlicy on how advisory boards should be "set up" is rewritten. REVISED AGREEMENT WITH MEDICAL EXAMINER - APPROVED; REIMBURSEMENT OF $300 FOR UNANTICIPATED REFRIGERATION CHARGES FOR 4TH QUARTER, 1978 - AUTHORIZED; BUDGET TRANSFER OF $20,000 TO MEET PROJECTED INCREASED EXPENSES OF EXMAINER'S OFFICE FOR BALANCE OF FY 1978-79 - AUTHORIZED~ DISCUSSION RE LOCATION OF EX~IINER'S FACILITIES TO BE WORKSHOPPED MARCH 6, :1979 County Manager Nonman explained that Dr. Heinrich O. E. Schmid, District lI,. Medical Examiner for Collier County, has requested a revised agreement with the Board of County Commissioners to cover certain increases in charges to be paid by the County for services rendered in the conduct of the Medical Examiner's responsibilities. He said that Dr. Schmid has presented justification material for review by the Board. and noted that the fee increases are due, in part. to the fact that a portion of the cost of services previOUSly subsidized by the hospitals will no longer be available due tu the demands being made on hospitals to control their costs. Commissioner Archer reported that he, Dr. Schmid and Mr. Norman have been trying to find a suitable location on which to place the Medical Examiner's facility, which would be in the proximity of the hospital area, but without success. Various suggestions were forthcoming regarding this matter and it was the consensus of the Board that further discussions were necessary at a time when Dr. Schmid could be present for input. possibly a Workshop Session to be held this date following the completion of the agenda for the Regular Session. &OOK 045 PACE585 ~oox 045 PACE 586 February 20. 1979 Later in the Session, with Dr. Schmid present. the matter of the revised agreement was brought up for further deliberation with Or. Schmid responding to various questions from the Board with regard to the rate increases being proposed, and the additional budgetary requirements being recommended in the Executive Summary as prepared by Mr. Norman. The affect on the budget for the Medical Examiner's Office. said Fiscal Officer Harold Hall, would be an annualized budget increase of about $30,000 and, on an annual basis, would bring the subject budget up to over $100,000. Commissioner Wimer inquired why the costs for these services have to be borne by the County, suggesting the possibility of their being paid for by insurance companie~. families, and the like. Mr. Norman stated that the work of the Examiner is similar to the work of the Sherfff's Department in that it is an investigative function. County Attorney Pickworth concurred, stating that autopsies are not a service being performed for the benefit of the deceased or his f~mily. b~t rather for the benefit of the State, an~ the County costs are for much the same reason ~at the County subsidizes the Sheriff's budget. commenting that it is part of the cost of doing government business. Commissionp.r Archer moved that the revised Agreement with the Medical Examiner to become effective March 1, 1979 be approved for the Chairman's signatu: The motion was seconded by Commissioner Wenzel and carried unanimously 5/0. Commissioner Archer moved, seconded by Commissioner Wenzel and carried unanimously 5/0, that reimbursement to Dr. Schmid of $300 for unanticipated refrigeration charges for October. November and December, 1978 be approved. Commissioner Archer moved, seconded by Commissioner Wimer and unanimously carried 5/0. that a budget transfer of $20,000 from the General Fund Contingency Account to meet projected increased expenses of the Medical Examiner's Office for the balance of FY 1978-79 be authorized. It was the consensus of opinion, and the Chairman so directed, that a Workshop Session be held March 6. 1979 for the purpose of discussing proposed locations for the Examiner's facilities. r ( .. February 20, 1979 REPORT ON APPOINTMENT OF FEMALE CONSUMER TO HEALTH SYSTEMS COUNCIL. INC. Administrative Aide to the Board Mary Morgan stated. that as directed by the Board, the matter of appointing a female consumer to the South Central Florida Health Systems Council, Inc. was being brought back to the Board for consideration. She said that there have been no resumes received regarding possible nominations. No action was taken by the Board. BOARD DIRECTS STAFF TO PREPARE APPROPRIATE RESPONSE RE COUNTY'S POSITION WITH REGARD TO REQUEST BY CITY OF NAPLES FOR COUNTY TO UNDERTAKE FULL FINANCIAL ~ESPONSIBILITY FOR CONSTRUCTION OF COASTLAND BOULEVARD Referring to the request by Mayor Anderson, City of Naples, as contained in his letter to the Board dated February 9, 1979, that the County undertake the full financial responsibility for the construction or thp. proposed Coastland Boulevard. Administrative Aide to the Bo~rd Mary Morgan recalled that on October 3, 1978 the Board indicated that it would bear 50% of the cost of such construction with the City to pay the remainig 50% and to obtain the necessary right-of-way. FOllowing brief discussion, Commissioner Pistor moved, seconded by Comrnissi .. Wenzel and carried unanimously 5/0, that the staff be directed to prepare an appropriate response to the request, stating that it is the Board's position to adhere to the policy adopted on October 3, 1978 regarding funding for the constr of the subject roadway. PROPOSED POLICY RE REPLACEMENT OR REPAIR OF BRIDGES WHICH PROVIDE ACCESS TO PRI~ PROPERTIES IN THE COPELAND VICINITY - ADOPTED Following brief discussion, Commissioner Pistor moved that the proposed pol whereby the County does not replace or repair bridges located within the County right-of-way which provide acc~ss to private property, with the exception of thE one which serves the public which is located at the U.S. Post Office, in the Cor vicinity, be adopted. The motion was seconded by Commisssioner Wenzel and carr! unanimously 5/0. BOOK 045 PACE589 February 20, 1979 13. Letter dated February 8, 1979 from Rep. Mary Ellen Hawkins acknowledging receipt of BCC's letter and position with respect to support of SB83 relating to possession of controlled substances - filed. 14. Notices of hearings on certificates of need for medical facilities by Health Systems Council for projects within the District but outside of Collier County - filed. 15. Copy of letter of resignation from Jack C. Shealy; dated February 9. 197 and a copy of acknowledgement from County Manager to Mr. Shealy re designation of temporary replacement to fill the position of Fire Coordinator of Ochopee Fire Control District - filed. 16. Notice dated February 9, 1979 from FDER re Annual Water Resources Conference to be held March 7, 1979 instead of February 21, 1979 - xc to Utility Director; and filed. 17. Notice dated February 14, 1979 from William D. Wilkinson, Sr., Court Administrator. Twentieth Judicial Circuit of Florida transmitting copy of monthly record of juveniles incarcerated in the Collier County Jail for January, 1979 - filed. 18. Letter dated February 12, 1979 from Anthony Finaldi, President, Anthony Finaldi & Co., Inc., re group insurance - Offering their services and requesting opportunity to discuss program with Board - xc to County Manager for appropriate action, together with brochures; Original letter filed. 19. Letter dated February 13, 1979 from Jane R. Harris, Director, Division 0 St4tutor~ Revision, Joint Legislative Management Committee (Florida) transmitting revised Index to Laws of Florida Special and Local Laws 1971-1978 - filed. :;.. 20. Monthly Departmental Reports for January. 1979 from Golden Gate Fire Department, C.E.T.A., and Word Processing. and Report for December, 1978 and January, 1979 from Parks & Recreation Department - filed. VOTING PRECINCT NUMBER RE DEPUTY LARRY R. SCHNEIDER (PRECINCT NO. 32) - FILED FOR THE RECORD In compliance with Florida Statute 30.08, the following voting precinct number was filed for the record, as submitted by Sheriff Aubrey Rogers: Deputy Larry R. Schneider - Precinct No. 32 AFFIDAVIT OF TRANSFER OF MARCO ISLAND UTILITIES FRANCHISE FROM THE DELTONA CORPORATION TO DELTONA UTILITIES. INC. - FILED FOR THE RECORD Administrative Aide to the Board Mary Morgan advised the Board that a letter. dated February 7, 1979, has been received from The Oeltona Corporation transmittin an Affidavit, dated February 7, 1979, transferring the ~~rco Island Utilities Franchise from The Deltona Corporation to Deltona Utilities, Inc. She noted that this notice of assignment must be filed with the Clerk to the Board of County Commissioners. eOOK 045 PACE 591 February 20, 1979 There being no further business for the good of the County, the meeting was adjourned by order of the Chair .. Time: 12:10 P.M. BOARD OF COUNTY COMMISSIONERS/EX o ICIO GOVERNING BOARD(S) OF SPECIAL D CTS UNDER ITS CONTROL '/ .;.. , ,J . ,-'" "i ,<:'< q, , J <",-\'.' .&. BOOK 045 PACE 593.