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BCC Minutes 02/27/1979 R Naples, Florida, February 27, 1979 LET IT BE REMEMBERED. that the Board of County Commissioners in and for the County of Collier. and also Icting IS 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 tho Courthoult Compltx with t~t following memb.rs present: CHAIro1AN: David C. Brown VICE.CHAIro1AN: Clifford Wenzel John A. Pistor C. R. "Russ'. Wimer Thomas P. Archer ALSO PRESENT: Willfa~ J. Reagan. Clerk. Edna L. Brenneman. Deputy Clerk; C. Wflliam Norman. County Manager; Donald A. Pickworth. County Attorney; Irving Berzon. Utility Dfrector; Neno Spagna. Community Development Administrator; Clifford Barksdale, County Engineer; ~~ry Morgan. Administrative Aide to the Board. and. Deputy Chief Raymond Barnett. Sheriff's Department. ~- ,. BOARD OF COUNTY COMMISSIONERS FINAL AGENDA February 27. 1979 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 13, 1979 5. PROCLAMATIONS AND PRESENTATIONS OF AWARDS 6. SOCIAL SERVICES 7. ADVERTISED PUBLIC HEARINGS A. Petition for creation of street Lighting District in Forest Lakes Homes - unit 1. (Engineering) aODK 045 rAGE 594 February 27, 1979 AGENDA . APPROVED WITH ADDITIONS Commissioner Wenzel moved, seconded by Commissioner Archer and carried unanimously. that the agenda be approved with the following additions: 1. Agreements with lake County and with other Florida Governmental Units for exchange of computer-based systems - Added (Data processing). 2. Marco Island Lighting District - Added (Requests for Advertising). MINUTES OF FEBRUARY 13. 1979 - APPROVED Commissioner Archer moved, seconded by Commissioner Pistor and carried 5/0. that the Minutes of February 13. 1979 be approved as presented. AWARD PRESE~TED TO COMMISSIONER THOMAS ARCHER FOR SERVICE ON THE SOUTHWEST FlORIDJ REGIONAl. PLANNING COUNCIL Mr. Roland Eastwood. Executive Director of the Southwest Florida Regional Planning Council. presented an award of appreciation. on behalf of the Council. to Commissioner Thomas Archer for his five years of service with distinction on the Council. ORDINANCE 79-13 CREATING THE FOREST lAKE HOMES UNIT NO. 1 STREET lIGHTING MUNICIPJ SERVICE TAXING DISTRICT - ADOPTED ,.. legal notice having been published in the Naples Daily News on February 1. 1979 as evidenced by Affidavit of Publication filed with the Clerk. public hearin~ was opened to consider a proposed ordinance to create the Forest Lake Homes Unit No. 1 Street lighting Municipal Service Taxing District. County Engineer Clifford Barksdale explained that the creation of the distric has been requested by the developer of the subdivision. He said that the lights will not be installed until the subdivision is built out and noted that the district to be created is in compliance with the Subdivision Regulations. There were no persons registered to speak on the matter, whereupon Commissior Wenzel moved, seconded by Commissioner Pistor that the public hearing be closed. Responding to County Attorney Pickworth. Mr. Barksdale said that it was determinec that due to the location of the Subdivision and the manner in which it is separatE from other areas. increased costs might occur which would have an affect on other lighting districts if the subject District were to be added. Upon call for the question the motion to close the public hearing was carried unanimously 5/0. aOOK 045 PACE 598 &OOK 045 rAGE 599 February 27, 1979 Commissioner Wenzel moved that Ordinance 79-13, as entitled below. be adopted and entered into Ordinance Book No.9. The motion was seconded by Commissioner Wimer and unanimously carried 5/0. ORDIN1\NCE roe 79-13 AN ORDINANCE CREATING THE FOREST LAKE HOMES UNIT NO. 1 STREET LIGHTING MUNICIPAL SERVICE TAXING DISTRICT; DESIGNA"ING THR GOVERNING DODY OF THE DISTRIC'r; AUTHORIZING A TAX I.EVY OF UP TO TWO mLLSj PROVIDING FOR CONSTRUCTION AND AN EFFECTIVE DATE PETiTION R-78-32C BY ROBERT TUYlS REQUESTING REZONING FROM "RS-3" TO "RM-2" FOR PROPERTY LOCATED IN SECTION 18. T50S, R26E (CONTINUED FROM FEBRUARY 20. 1979) - DENIED 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 hearin was continued from February 20. 1979 with regard to Petition R-78-32C by Robert Tuyls requesting rez.)ning from "RS-3" to "RM-2" for property located in Section 18. Township 50 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 colpred map provided. shown in green, and recalled that the petition was reviewed by the Coastal Area Planning Commission on January 4, 1979 at which time it was recommended for denial because approval would add to the worsening of the sewage situation presently existing in the SUbject location and also because it was felt that the existing zoning is adequate. Dr. Spagna added that the staff recommendation is for approval of the petition. Commissioner Pistor was asked to comment on his personal investigation of th area, particularly with regard to the sewage prOblem. and, referring to his memorandum to the Board dated February 22. 1979. Commissioner Pistor' reported that he visited the location on two different occasions and could not perceive of any Objectionable odor on either day. The Commissioner also reported to the Board of his other findings. February 27, 1979 The following persons spoke in opposition to granting of the rezoning petition. all of whom are residents in the area: 1. William S. Pettit - 8 Lanai Circle 2. Dora E. Palmer - 9 Lanai Circle 3. Albert DiProsperus - 45 Lanai Circle 4. Barbara Keim - 27 Maui Circle 5. Paul Gross - 28 Maui Circle 6. Alexander H. Hirst - 4807 Hawaii Blvd. 7. Warren H. Crabb - 59 Hilo Court Mr. William Barton, of Wilson. Miller, Barton, So11 & Peek, Inc.. re- presenting the petitioner. responded to the various concerns expressed by the public concluding with the observation that. in his opinion. the petition for rezoning is a valid one and. if granted. will provide the best and highest use of the subject land - for the community. as well as for the developer. It was suggested that it might be helpful if a design for use of the property were to be provided with Mr. Barton stating that, for rezoning purpos a master plan is not a requirement and. furthermore. if provided, such plan would not be binding on the part of the developer. A further comment by ~lr. Barton was the fact that to develop the parcel into single-family lots would be disastrous economically due to its~location. . Clerk William Reagan filed for the record three letters of opposition to the petition. as follows: 1. C. J. Anderson & Family - 4920 Oevon Circle 2. Howard D. and Julia M. Fields - 4925 Oevon Circle 3. Francois P. van der Vegt - 4936 Hawaii Boulevard Also filed for the record by Commissioner Archer were individual letters each Commissioner from Arnold E. Lamm. 1601 Galleon Drive, opposing increases zoning density. All opponents and proponents having been heard. Commissioner Wenzel moved seconded by Commissioner Archer and carried unanimously 5/0. that the public hearing be closed. Due to the fact that conflicting recommendations were made by the County' staff and the Coastal Area Planning Commission. Commissioner Archer explained relationship between Dr. Spagna and his staff of professionals and the CAPe. aoox 045 rAGE 600 aOOK 045 PAGE 601 February 27, 1979 said that the staff is composed of several professional land-use planning people whereas the advisory group is made up of volunteers with no specific planning and/or engineering training and are strictly advisors to the Board. Their reports are considered by the Board. continued the Commissioner, and in many cases their recommendations are accepted and some are occasionally denied. He said that advisory boards are not a part of County government. They are selected by the Board to advise the Commissioners, and that they "do a good job". He suggested that there may be some misunderstanding as to the functions of advisory boards as compared to the technical staff members who are paid by the taxpayers of the County. During the subsequent discussion. at the request of Commissioner Wimer. Or. Spagna reported that his recommendation for approval was prepared prior to the hearing on the matter held by the CAPC, that the petition was recommended for approval by the Water Management Advisory Board with the stipulation that final site dl::veloprl.ent plan be brought back for review, and that ths Environmental Advisory Board also recommended appr.oval of the rezoning with the stipulation that the melaleuca trees be removed. As requested by Commissioner Wimer. the County Attorney offered his legal opinion that. in the event the rezoning was granted, if the County was sued by, f~r instance. someone who was disappointed over the Board's action. the County would probably win. Conversely, said Hr. Pickworth, if the County was sued by the petitioner, if the (:e~ision is made to deny the rezoning. the petitioner would probably win. He explained his reasoning for the latter opinion by stating that the Board's taking an opposing position to their own highly.trained, pro- fessional expert on zoning matters would be hard to defend in court. adding the comment that "your own expert becomes the other side's witness". Hr. Pickworth noted that. in court. he would carefully examine the reasons why Dr. Spagna reached the conclusion that he did. Commissioner Archer. prefacing his motion by stating that he was basing his motion not with any weight placed upon Mr. Pickworth's comments but upon what was February 27, 1979 said during the public hearing. moved that the proposed ordinance re Petition R-78-32C by Robert Tuyls. requesting rezoning for certain property in Section 18, Township 50 South, Range 26 East. be adopted. Ind requested a roll call vote. The motion was seconded by Commissioner Wimer and was defeated 3/2. following a roll call vote. with Commissioners Pistor and Wenzel voting in opposition. (4/5 vote required for rezoning). ." ." ." ." ." ." ." ." ." * * * * * * * * RECESS: 10:15 A.M. until 10:25 A.M. ." ." ." ." ." ." ." * * * * ." ." ." ." * * RESOLUTION 79-34 ESTABLISHING THE COLLIER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY AND DESIGNATING APPOINTMENTS THERETO - ADOPTED Commissioner Archer moved. seconded by Commissioner Pistor. that Resolution 79-34 del caring a need for an Industrial Development Authority in Collier County. and desigllating appointees to serve on ,'said Authority. be adopted. County Attorney Pickworth stated that the p&rsons named in the aforementioned Resolution have executed the necessary financial declaration forms which he is "'- holding. It was noted by Commissioner Wenzel that there will be two members on the Authority from Commission District 2. two members from District 4, and one member from District 3 and inquired if the Commissioners from Districts 1 and 5 were waiving their'rights to make appointments from their Districts. Commissioner Brown signified his willingness to waive such rights with Commissioner Pistor also agreeing to the waiver. Upon call for the question the motion carried unanimously 5/0. * * ." * * * MOK 045 PACE 502 * . * * * * &OOK 045 PAGE 605 February 27, 1979 PROPOSED WORKSHOP SESSION RE LOCATION OF MEDICAL EXAMINER'S FACILITY - POSTPONED UNTIL FUTURE UNSPECIFIED DATE Commissioner Archer reported that he, County Manager Norman and the Medical Examiner. Or. Heinrich o. E. Schmid, are pursuing a solution to the matter of locating property for the Medical Examiner's facility but that there is nothing further to report at this time. He suggested that the matter be dropped from the Workshop Session agenda. Commissioner Archer moved, seconded by Commissioner Pistor and carried 5/0. that the proposed Uorkshop Session with regard to the location for the Medical Examiner's facility be postponed until a future unspecified date. REQUEST BY DELTONA CORPORATION FOR VACATION OF A PORTION OF SEAVIEW COURT, MARCO ISLAND. UNIT 22 - ADVERTISING AUTHORIZED FOR PUBLIC HEARING MARCH 27, 1979 Commissioner Archer moved, seconded by Commissioner Pistor and carried unanimously 5/0, that the request by the Deltona Corporation for vacation of a portion of ~eaview Court, Marco Island, Unit 22, be advertised for a public hearing March 27. 1979. PETITION R-78-33C. GAC PROPERTIES, INC.. REQUESTING REZONING FROM "RM.2" TO "GRC" AND "CI" ON LOTS 1-10. BLOCK 73, AND ON lOTS 1-20. BLOCK 74, UNIT 2. GOLDEN GATE CITY - ADVERTISING AUTHORIZED FOR PUBLIC HEARING APRIL 10, 1979 Commissioner Archer moved. seconded by Commissioner Pistor and carried unanimously 5/0. that Petition R-78-33C by GAC Properties, Inc.. requesting rezoning from "RM-2" to "GRC" and "ct" on Lots 1-10, Block 73, and on Lots 1-20, Block 74, in Unit 2, Golden Gate City. be advertised for public nearing April 10, 1979 PETITION R-79-1C. GAC PROPERTIES. REQUESTING REZONING FROM "GRC" TO "RM-2" FOR PROPERTY LOCATED IN BLOCK 30. UNIT 2, GOLDEN GATE SUBDIVISION - ADVERTISING AUTHORIZED FOR PUBLIC HEARING APRIL 10. 1979 Commissioner Archer moved. seconded by Commissioner Pistor and carried unanimously 5/0. that Petition R-79-1C by GAC Properties, Inc.. requesting rezoning from "GRC" to "RM-2" for property located in Block 30, Unit 2, Golden Gate Subdivision. be advertised for public hearing April 10. 1979. February 27, 1979 PETITION R-79-2C. ROBERT TAYLOR, REQUESTING REZONING FROM itA" TO "CI" FOR PROPERTY LOCATED IN SECTION 11, T495. R25E - ADVERTISING AUTHORIZED FOR PUBLIC HEARING APRIL 10, 1979 Commissioner Archer moved, seconded by Commissioner Pistor and carried unanimously 5/0. that Petition R-79-2C by Robert Taylor, requesting rezoning from "A" to "CI" for property located in Section 11. Township 49 South. Range 25 East, be advertised for public hearing April 10, 1979. PROPOSED ORDINANCE TO CREATE MARCO ISLAND LIGHTING DISTRICT - ADVERTISING AUTHORIZED FOR PUBLIC HEARING APRIL 3. 1979 Commissioner Archer moved. seconded by Commissioner Pistor and carried unanimously 5/0. that a proposed ordinance to create the Marco Island Lighting District be advertised for public hearing April 3. 1979. AMENor~ErfT TO EMPLOYMENT CONTRACT WITH DR. J. L. HARMIC REDUCIr4G COMPENSATION AND INCLUDING INSURANCE COVERAGE - APPROVED Following brief reference to Executive Summary dated February 14. 1979 by County Manager C. William Norman. Commissioner Wimer moved. seconded by Commissioner Archer and unanimously carried 5/0, that the employment contract with Dr. J. L. Harmic. Environmental Consultant, be amended by reducing annual compensation and to include Health and Life Insurance benefits effective March 1. 1979. be approved for Chairman's signature. . '" . . * '" * . * . * '* * &0 OK 045 rAGE 606 * . * . * '" February 27, 1979 CURRENT lEASE OF HELICOPTER STORAGE FACILITIES AT NAPLES AIRPORT - TERMINATED. NE~' lEASE AGREEMENT FOR CLIMATE.COllTROLLED STORAGE SPACE ON SUBJECT PROPERTY _ APPROVED County ~~nager C. William Norman explained that by eliminating one of the County's helicopters a savings has been effected in storage rental of $1,200 per year; however. said Mr. Norman. the existing storage space is not satisfactory for the storage of helicopter parts. It is the staff recommendation that climate- controlled storage space be acquired so that damage due to blowing dust and humidity can be eliminated. said Mr. Norman. which will increase the rent at the Naples Municipal Airport from $37.50 per month to $100.00 per month. Mr. William Walker. Civil Defense Director. commented that the existing storage space has a dirt floor and. also. that the door does not fit tightly. Commissioner Archer moved. seconded by Commissioner Wimer and unanimously carried 5/0. that the current lease of helicopter storage facilities at the Naples Municipal Airport be terminated. and that a new Lease' Agreement for climate-controlled storage space on the subject property be approved for the Chairman's signatul'e. * * * * * * * * * * * * * * * * * bOOK 045 PAGE 608 * * * February 27, 1979 BOARD APPROVES REQUEST FOR ALTERATIONS OF OFFICE SPACE OCCUPIED BY PUBLIC DEFENDER County Manager C. William Norman briefly explained the reasons why the Publ Defender has requested modifications to his office, as outlined in the ExecutivE Summary dated February 12, 1979 as prepared by staff. including a sketch of the proposed alterations. He said that the matter has been researched by the BUilding Maintenance Department and it is estimated that the cost for the work will be $485.00. the work to be done by an outside contractor. It was painted out by Commissioner Wenzel that the type of work involved cannot be done by County staff. Commissioner Wenzel moved. seconded by Commissioner Wimer. that the requesl for alterations of the office space in the area occupied by the Public Defender' office be approved. and that an appropriate budget amendment be prepared. Clerk William Reagan noted that the County is required ~y Statute to provid State agencies with a certain amount of space. as determined by the State's rule and regulations. Mr. Norman conmented that sufficient space is being provided; however. certain modifications are needed to make more efficient utilization of the area. Upon call for the question the motion carried unanimously 5/0. BOARD APPROVES ESTABLISHMENT OF COUNTY EMERGENCY ENERGY PANEL, DESIGNATING COUNT MANAGER AS CONTACT PERSON; APPOINTMENTS TO PANEL TO BE DISCUSSED DURING FORTH COM WORKSHOP SESSION County Manager C. William Norman explained briefly the necessity for the County to establish a County Energy Emergency Panel (CEEP) the proposed organization of same. its duties, and the like. Following discussion. Commissioner Wenzel moved. seconded by Commissioner Wimer. that the matter of establishing the CEEP be works hopped prior to further action. No action was taken on the motion. Commissioner Wimer voiced his objection to the number of persons being suggested as tentative members of the panel, and Commissioner Archer expressing his concern over delaying the matter due to the deadline for submitting appoint- ments being February 28. 1979. BOOK 045 PAGE 612 BOOK 045 PACE 613 February 27, 1979 Following subsequent deliberation, Commissioner Pistor moved that the County establish a County Emergency Energy Panel and that the contact for the panel be the County Manager. The motion was seconded by Commissioner Archer and unanimously carried 5/0. It was suggested by Commissioner Wimer that the number of persons to serve on the panel be restricted to five. The consensus of the Board was to schedule the matter of appointments to the panel for a future Workshop Session. GRANT OF EASEMENT FROM THE COLLIER DEVELOPMENT CORPORATION FOR 60' ROAD RIGHT- OF-WAY FOR CONSTRUCTION OF AN ADDITIONAL ACCESS TO THE COUNTY PARK IN IMMOKAlEE - ACCEPTED; STAFF AUTHORIZED TO PROCEED WITH CONSTRUCTION OF SUBJECT ACCESS Commissioner Archer moved, seconded by Commissioner Wimer and carried unanimously 5/0, that the Board accept the Grant of Easement from the Collier Development Corporation for a 60' road right-of-way for the purpose of .... constructing an additional access to the County Park in Immokalee. and that the staff be authorized to proceed with construction, as outlined in the Executive Summary dated February 15, 1979 prepared by staff. * * * * * t_. * * * * * . * . . . * * * * * * February 27, 1979 RESOLUTION 79-35 SUPPORTING PROPOSED BILL PROVIDING FOR FOOT TO REI/mURSE LOCAL GOVERNMENT AGENCIES FOR INSTALLATION. OPERATION, AND MAINTENANCE COSTS OF TRAFFIC SIGNALS ON STATE ROADS Commissioner Archer moved, seconded by Commissioner Wimer and unanimously carried 5/0. that Resolution 79-35. supporting the proposed Bill providing for the FOOT to reimburse City and County Government Igencies for the installation, operation. and maintenance costs of traffic signals on State roads. be adopted. . . . . . * .:. . * * . * . * . * * . . * . * * . * * * * * MOK 045 PACE 616 February 27, 1979 PRELIMINARY ACCEPTANCE OF PALM RIVER ESTATES, UNIT 7 - CONTINUED PENDING SATISFACTORY RESTORATION OF VIKING WAY ROADWAY County Engineer Clifford Barksdale explained that the Engineering Departmen has inspected all of the improvements the developers of Palm River Estates Unit were required to make and have found them to be in satisfactory condition. It is recommended. said Mr. Barksdale. that the Board grant preliminary acceptance of Palm River Estates Unit 7 and release the Irrevocable Letter of Credit No. S.64 in the amount of $1.000,000 and retain the Irrevocable Letter of Credit No. S-65 in the amount of $100.000 which was posted as the maintenance security. Commissioner Wimer expressed concern over the fact that Viking Way Road in the project area has still not been completely restored fOllowing the damage whi was done to the roadway by the heavy equipment. He asked that the matter of preliminary acceptance of the development be deferred until repairs have been made. Commissioner Archer moved. seconded by Commissioner Wimer and carried 5/0. that the Preliminary Acceptance of Palm River Estates, Unit 7 be continued until Viking Way roadway is considered to be in satisfactory condition. BOARD AUTHORIZES EXPENDITURE OF $7.200 FOR ACQUISITION OF SPORTS BLEACHERS FOR PARKS AND RECREATION DEPARTMENT Parks and Recreation Director Rollie ~ice addressed the Board for the purpose of explaining his request for the appropriation of funds in the amount of $7,200 for the purpose of acquiring 12 sets of sports bleachers which are needed to increase the seating capacity for the Department's programs. He said that in the past bleachers were loaned by the School Board but. due to the fact that their programs have been expanded. the bleachers have been returned to the high school sites. and the County is presently without bleachers at about four or five fields. During the subsequent discussion of the matter, Mr. Rice stated that the proposed bleachers will not be part of the school system but will belong to the County; they will be removable and can be stored for protection. BOOK 045 rACE 618 BOOK 045 PACE 619 February 27, 1979 Commissioner Archer moved. seconded by Commissioner Wenzel and carried 5/0, that the recommendation for the purchase of 12 sets of bleachers be approved and that the appropriate budget amendment be prepared for Board action. '" PETITION FP-79-1C REQUESTING FINAL PLAT APPROVAL FOR PINE WOODS SUBDIVISION - APPROVED SUBJECT TO STAFF STIPULATIONS Community Development Administrator Neno Spagna located the Pine Woods Subdivision as being south of the Naples Bath and Tennis Club. immediately east of the Royal Pofnciana Golf Course property, and on the west side of Airport Road. The plat was approved by the Coastal Area Planning Commission on October 25. 1978 and it is being recommended for approval by the staff with the stipulatil that the Security Bond and Construction Maintenance Agreement are submitted prior to the start of any construction. He explained that the documents have been executed by the bonding company but have not been recieved as yet. Discussion fellowed concerning such matters as density for the project which will be 3.9 units per acres. as was.pointed out by Sergio Montes. Engineer representing the petitioner. Mr. Barksdale also explained the commitments which have been made by the developer with reg~rd to the provision of turning lanes intc the project off Airport Road, referring to a letter in this regard from Mr. Willie Vines on behalf of the developer. Commissioner Wimer moved. seconded by Commissioner Archer and unanimously carried 5/0. that the Board approve the Final Plat for the Pine Woods Subdivision, as contained in Petition FP-79-1C. subject to the stipulations that the Security Bond and Construction Maintenance Agreement are submitted by the developer prior to the start of any construction. RESOLUTION 79-36 ENDORSING SUI+IARY STATEMENT FOR "701" CERTIFICATION - ADOPTEO. CHAIRMAN AUTHORIZED TO SIGN lETTER OF TRANSMITTAL TO THE DEPARTMENT OF COMMUNITY AFFAIRS Commissioner Archer moved. seconded by Commissioner Wenzel and carried unanimously 5/0, that Resolution 79-36 endorsing Summary Statement for "701" Certification and authorizing the Chairman to sign a letter of transmittal to the Department of Community Affairs, be adopted, as requested by Community Developmenl Administrator Neno Spagna. BOOK 046 PACE 621 February 27, 1979 BOARD AUTHORIZES ACCEPTANCE OF OFFER BY FLAGI.'::R COUNTY TO PURCHASE SURPLUS VOTING MACHINES AT $500 EACH - OFFER SUBJECT TO CONCURRENCE BY FLAGLER COUNTY ELECTIONS' PERSONNEL Commissioner Pistor moved, seconded by Commissioner Archer and carried unanimously 5/0, that the Board authorize the acceptance of the offer by Flagler County to purchase six or eight surplus voting machines at $500 each, as contained in the letter dated February 14, 1979 from the Clerk to the Board, Flagler County, said offer subject to inspection by that County's Supervisor of Elections' personnel, and approval of purchase by the Secretary of State's offi ceo CHAIRMAN AUTHORIZED TO SIGN AGREEMENT FOR EXCHANGE OF COMPUTER BASED SYSTEMS WITH lAKE COUNTY. AND POSSIBLE OTHER FLORIOA GOVERNMENT UNITS Data Processing Director Fred Marks explained to the Board the terms of the proposed agreement with the Clerk of the Circuit Court of Lake County. Florida for the excha~ge of computer based syst~., including the savings to the County for the acquisition of systems developed by other Florida governmental units which all save development costs by Collier County. The types of programs involved were detailed by Mr. Marks such as budget projections, accounting procedures. records indexing. and the like. . , Commissioner Wimer moved. seconded by Commissioner Pistor and carried 5/0 that the Board author1ze the Chairman to sign the Agreement for Exchange of Computer Based Systems with Lake County, and possible future agreements with other Florida Governmental units. * * * * * * * * * * * * * February 27. 1979 GENERAL DISCUSSION RE AMENDMENTS TO EXCAVATION ORDINANCE - NO ACTION TAKEN PENDING REVIEW OF PROPOSED AMENDMENTS "'IRING FUTURE WORKSHOP SESSION Commissioner Pistor. referring to the excavation permit requests scheduled on the agenda, suggested that Board action on these applications be postponed until the revised Excavation Ordinance is discussed at the following week's Workshop Session. It was his opinion that no additional excavation or fill permits should be granted until an ordinance has been worked out which is enforceable and which will provide the staff with definite instructions with regard to such permits. Commissioner Archer expressed concurrence with Commissioner Pistor. Mr. Thomas Peek. of Wilson, Miller. Barton, Soll & Peek. Inc. in attendancl to address one of the excavation permit requests, stated tha.t H is his viewpoir that the permits requested should not be delayed pending the Board's modificati( to the excavation ordinance. suggesting that the modifications probably would not be significant enough to have a severe affect. Commissioner Wenzel inquired whether or not the pertinent applications shou be approved subject to the petitioners agreeing to abide by the County's new excavation ordinance if adopted in the next two weeks. County Attorney Pickwort advised that, to whatever extent the new ordinance imposes new and different requirements. the applicants will be required to comply with them. Commissioners Archer and Pistor agreed to acting upon the excavation permit requests scheduled providing that the petitioner makes a statement when it is adopted. Utility Director Irving Serzon 'l'll11lented that each application would have to be asked to make such a statement. and. if he agrees. the permit should so stipulate. He added that the proposed changes, to his knowledge, address primarily administrative and/or surveillance aspects. Mr. Fred Biery, Engineer. representing the Pelican Bay request for excavati( permit, voiced his agreement with Mr. Peek's statement regarding further delays; receiving permits, stating the petitioner's intent to comply with the present ordinance from the construction point of view. He agreed to go along with any administrative changes included in the new ordinance. BOOK 045 PACt 624 BOOK 045 PACE 625 February 27. 1979 EXCAVATION PERMIT RE CANTA MAR APARTMENTS ~h~SE II _ DENIED Utility Director Irving Berzon explained that all pertinent information regarding the request by the developers of Canta Mar Apartments Phase II (located at the NW corner of the intersection of Kelly Road and Thomasson Drive) is contained in the Executive Summary prepared by him dated February 15, 1979 and it is his recommendation that the permit be granted with the stipulations imposed by the Water Management Advisory Board and the additional stipulation regarding whether or not the applicant will comply with any amendments adopted in the revised excavation ordinance. Mr. Jerry Eckert. representing Doyle Hopkins, developer of Canta Mar Apartments. expressed his belief that Mr. Hopkins would have no objections to complying with any administrative changes in the new ordinance. He said that the stipulations placed on the permft by the WMAB have been noted and where changes were necessary. they have been made and submitted to Mr. Berzon's office. Commissioner Wenzel moved that;'based on the statement by the applicant's representative. and. also, on the recommendations by the WMAB and staff. the excavation permit be granted. It was pointed out by Commissioner Pistor that one of the revisions being proposed in the ordinance is the fact that all fees and bonds applicable to excavations will be assessed and/or posted regardless of whether or not the fill material will remain on-site. noting that a waiver of these is being recommended by staff for this particular permit. Following this statement. Commissioner Pistor seconded the motion, which carried 3/2 with Commissioners Archer and Pistor voting in opposition. The question was raised as to whether or not the permit is being issued after-the-fact. Mr. Berzon explained that the developer commenced excavating a new borrow pit under the impression that his original authorization included the new area to be excavated. When the matter was brought to the attention of the Engineering Department a stop work order was issued and there has been no further excavating. February 27. 1979 FOllowing discussion wherein it was proposed that the matter of a possible violation was involved, it was the opinion of Commissioner Archer that further review was necessary. Commissioner Archer subsequently moved that the previous vote be rescinded. The motion was seconded by Commissioner Wenzel and carried unanimously 5/0. Commissioner Pistor moved for denial of the excavation permit for Canta Mar Apartments Phase II. The motion died for lack of a second with CommissionE Wimer expressing his disapproval of changing motions and noting that his vote for approval would stand. Commissioner Pistor moved that the excavation permit for Canta Mar Apartments Phase II be approved. The motion was seconded by Commissioner WenZE and upon roll call vote, the motion was defeated 2/3 with Commissioners Pistor. Wenzel and Archer voting in the negative. EXCAVATION PERMIT RE DEVELOPMENT OF GOLF COURSE ON PELICAN BAY PROPERTIES - APP SUBJECT TO STAFF ~TIPUlATIONS. AND APPlICANTIS COMPLIANCE WITH ANY NEW ADMINIST REGULATIOi~S Utility Director Irving Berzon reported that Coral Ridge-Collier Propertie Inc., the developers of the Pelican Bay Project, have requested permission to carry out excavation activities in connection with the development of a golf course complex. He said the request was reviewed by the Water Management Advis Board and. based on the findings of the staff and information developed during the public hearings, the advisory board recommends issuance of an excavation pe with the following stipulations: 1. That the developer shall institute a water quality monitoring program and maintain such to assure adequate protection of the water resources. 2. That the developer develop and initiate a program of periodic harvesting of all vegetation in the excavated pond areas; and 3. That rubble or other suitable materials be placed adjacent to the proposed retaining wall in pond number 5 to assure compliance with the 4-1 slope requirements from the edge of the retaining wall to the bottom of the pond. Mr. Berzon further stated that, based on the applicant's statement that that excavated material will not be removed from the site, it is recommended that the requirements for a Performance Bond and Permit Fee be waived in accord, with the provisions of County Ordinance 73-12. &OOK 045 fACE 626 BOOK 045 PACES27 February 27. 1979 Commissioner Wenzel moved for approva' of the Pelican Bay golf course excavation permit based on the recommendations of the staff and the applicant's statement that they would comply with any new County administrative regulations. The motion was seconded by Commissioner Pistor. Commissioner Archer inquired if the developer would. in the event administrative changes are made and postfng of a bond is required after the start of excavations, accept those administrative conditions? Mr. Fred Biery of Post. Buckley. Schuh. & Jernigan, engineering firm representing the developer. stated that there would be a definite need to see a copy of the ordinance; however, if what the Board adopts are changes from an administrative point of view. the developer would go along with them. H. added th~t it is his understanding that the Board would have a hearing on the matter at which time there would be an opportunity to comment on the ordinance revisions, which he would do. Responding to Commissioner Pistor. Mr. Biery concurred that his company posts a bond for the construction of. the entire project. Mr. Mike Zewalk inquired if the excavations would have any affect on the water quality for those properties directly south of the subject with Mr. Biery responding that. in his opinoin. there would be no adverse affect. Upon call for the question the motion carried unanimously 5/0. EXCAVATION PERMIT RE REX LAUBAUGH FOR PROPERTY LOCATED IN SECTION 19. T50S. R30E - APPROVED SUBJECT TO STAFF STIPULATIONS. AND APPLICANT'S COMPLIANCE WITH ANY NEW ADMINISTRATIVE REGULATIONS Utility Director Irving Berzon explained that an excavation permit is being requested by Rex laubaugh for excavating property located in Section 19. Township 50 South. Range 30 East. which is approxi~ately four miles south of Alligator Alley and adjacent to S.R. 29. He said that the request was reviewed by the Water Management Advisory Board and recommended for approval subject to the following stipulations which were heard by the applicant during the review and to which he agreed: 1. That the depth of the lake not exceed 10 feet below existing grade; 2. That a shallow berm approximately 18 inches in height surround the entire excavated area; and February 27, 1979 3. That the south edge of the proposed excavation be located not less than 50 feet from the property line, as shown on the sketch submitted with the application. A further recommendation, said Mr. Berzon. is that the requirements for a Performance Bond and Permit Fee be waived in accordance with the provisions of County Ordinance 73-12 due to the fact that the applicant has stated that the excavated material will not be removed from the site. Mr. Rex Laubaugh. the applicant, responded in the affirmative to Commissioner Wenzel's inquiry if he would be willing to take out a Performance Bond if the new ordinance requires a bond for all excavations. Commissioner Wenzel moved, seconded by Commissioner Pistor and carried unanimously 5/0. that the excavation permit requested by Rex Laubaugh for excavating on property located in Section 19. Township 50 South. Range 30 Eastt be approved, subject to the aforementioned stipulations. REVISION TO EXCAVATION PERMIT RE KINGS LAKE SUBDIVISION - APPROVED Utility Director Irving Berzon recalled that in 1974 the Board authorized a permit for excavation within the Kings Lake Subdivision subject to certain stipulations. He said that in 1978 the developer requested a variance from one of the stipulations. namely, that the restoration of the excavation bottom be carried out to a .71 msl instead of the originally stipulated -SI msl. Base on information presented to the Water Management Advisory Board at its Februar~ 14. 1979 meeting, said Mr. Berzon, the WMAB has recommended that the variance request be approved. He said that all other requirements regarding ~ater monitoring, and the like which are contained in the original stipulations will still apply. Mr. Thomas Peek. of Wilson. Miller. Barton, Soll & Peek. Inc., representin the developer. explained briefly the type of material which will be used for backfilling. Commissioner Wenzel moved. seconded by Comm~ssioner Pistor and unanimous'~ carried S/O, that the request for a revision to the excavation permit for Kings lake Subdivision, as outlined above. be approved. eoOK 045 PACE 628 BOOK 04.5 PAct 629 February 27, 1919 FILL PERMIT REQUESTED BY MC ARTHUR AND BARBARA WILLIAMS FOR PROPERTY LOCATED IN SECTION 1, T49S, R25E - APPROVED SUBJlC. TO STAFF AND WMAB STIPULATIONS, AS MODIFIED, AND INCLUDING STIPULATION THAT PERMIT WILL BE CANCELED IF ANY PROVISION IS VIOLATED Utility Director Irving Berzon advised that the Board is being requested to approve a Fill Permit for McArthur and Barbara Williams for property located in Section 1, Township 49 South. Range 25 East. further described as being located in the approximate vicinity of Orange Blossom Drive, and east of Airport Road. The intent of the permit. said Mr. Berzon. is to restore the ground surface to an elevation of approximately 10.8+ msl, adding that the amount of fill to be placed is approximately 16,000 cubic yards. Based on its review. continued Mr. Berzon. the Water Management Advisory Board recommends that the Board authorize that filling may be carri~d out in the location aforementioned provided that the following conditions are satisfied: 1. That all State and other regulatory agencies' requirements concerning filling operations are satisfied by the property owner; *2. That ~ill muterial should ba limited to rocks. sand, trees. stubs. and that no putresible materials be placed into the fill area under any circumstances; 3. That clean earth fill should be used to cover each day's activities and that this be done within the daylight hours of the same day that material is placed in the pit; , 4. That the owner provide daily surveillance to assure control of the filling and cover operation; S. That the west bank of the excavated area should be dressed with clean fill, immediately, and maintained in a good. clean, neat appearing manner; 6. That a silt barrier screen must be placed along the west property line during the entire filling operation to prevent the discharge of silt into water bodies on the adjacent property. 7. That the County is to have access to the property at all times for inspection purposes; and. 8. That the owner shall notify the County upon completion of the entire operation and that the length of time for completion shall not exceed one (1) year from the date of issuance of the permit to fill. Concerning the condition contained in Paragraph 2. Commissioner Pistor questioned why the WMAB agreed to permitting the use of trees and stubs as fill material. Mr. Serzon stated that he was not in accord with the use of this material and that it is his personal recommendation that such material be kept out of the area to be filled. February 27, 1979 Attorneys William Keith and Daniel Monaco, representing the applicants, were present to respond to the Board's questions with Hr. Keith stating that they are in agreement with the recommendations and stipulations set forth by the WMAB; however. he said that if the Commissioner feels it is necessary to eliminate trees and stubs as fill material, the petitioners would be agreeable. Mr. Monaco noted that it was agreed that the use of these materials would be kept to a minimum amount. adding the observation that it might not be feasible to cover the area without the use of such fill material. Commissioner Archer moved that the Board approve the request for a Fill Permit by McArthur and Barbara Williams for property located in Section 1. Township 49 South, Range 25 East. subject to the staff Ind WMAB stipulations, modifying Paragraph 2 thereof to delete *trees and stubs IS permissible fill materials. The motion was seconded by Commissioner Wenzel. Mr. Berzon requested that a further condition be included which states that the Permit would ~p. canc~l)ed iF any of the provisions of the Permit are violated. Commissioner Archer agreed to including suc~ provision in his motion with Commissioner Wenzel concurring with the amendment to the motion in his seconding thereof. Mr. Monaco recalled that during the discussion by the WMAB with regard to the Permit it was indicated that if the project could not be completed within the time period of one year. as stipulated. that liberal consideration would be given for an extension of the time period. He asked that this provisio~ be included for the record. Commissioner Wenzel pointed out that any applicant has the right to request an extension of time for completion of I project with Mr. Berzon commenting that the minutes reflect that. providing the applicants are showing good faith in following the recommendations and stipulations of the Permit. the staff. and presumably the Board. would go along with a reasonable extension of time. Upon call for the question the motion. as amended. carried by unanimous vote 5/0. &OOK 045 PAGE 630 BOOK 04.5 PACE 63f February 27. 1979 ROUTINE BILLS - AUTHORIZED FOR PAYMENT Commissioner Archer moved, seconded by Commissioner Pistor and carried 5/0. that the bills, having been processed under established policies, be approved for payment as witnessed by the following warrants issued from February 21, 1979 through February 27, 1979: .BlliQ. County Warrants BCe Payroll Road & Bridge 12 Interest & Sinking Kelly Road Water Special Road Assessments Municipal Service Taxing District WARRANT NOS. 004377 - 004532 57154 - 57353 10 8 3 5 8 BUDGET AMENDMENT 79-43 TO APPROPRIATE FUNDS FOR INSTALLATION OF A~(ENNA TOWER TO REPLACE EXISTING TOWER RE CIVIL DEFENSE - ADOPTED IN THE AMOUNT OF $400 Commissioner Archer moved, seconded by Commissioner Pistor and carried 5/0. that Budget Amendment 79-43 to appropriate funds for the installation of an antenna tower to rejJlace tire existing 20' tower on the roof of Bul1d~ng "F" for Civil Defense Department. be ad9.pted in the amount of $400. .. . . . * * * . . * * . * . <It . . <It <It . . BOOK 0(5 PACE633 February 27, 1979 BUDGET AMENDMENT 79.44 TO APPROPRIATE FUND~ TO SUPPLEMENT MISCELLANEOUS SUPPLIES RE MOTOR POOL - ADOPTED IN THE AMOUNT OF $200 Commissioner Archer moved, seconded by Commissioner Wenzel and carried 5/0, that Budget Amendment 79-44 to appropriate funds to supplement Miscellaneous Supplies re Motor Pool be adopted in the amount of $200. .. .. .. .. .. .. . .' . .. .. * . * * * .. . * .. * * .. * .. .. BOOK 045 rAcES8S COMMISSIONER WIMER APPOINTED TO SERVE ON THE CANVASSING BOARD RE SPECIAL ELECTION FOR NAPLES PARK LIGHTING DISTkl~T FEBRUARY 27. 1979 February 27, 1979 Commissioner Pistor moved, seconded by Commissioner Archer and carried 5/0, that Commissioner Wimer be apPointed to serve on the Canvassing Board for the Special Election for the establishment of the Naples Park Lighting District being held February 27, 1979. BOARD AUTHORIZES CHAIRMAN TO SIGH PERSONNEL ASSISTANCE AGREEMEtlT WITH FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS Commissioner Archer moved. seconded by Commissioner Wenzel and carried 5/0, that the Chairman be authorized to sign the Personnel Assistance Agreement with the State of Florida, Department of Community Affairs. Commissioners ~Iimer and Wenzel stated that. although voting affirmatively, they did so with reservati, concerning the Project covered by the Agreement. It was pointed out by Commissiol Archer that the Board does not have to accept the recommendations resulting from the Project. * *: It * * ." * * * * * ." ." ." ." * * * ." * ." aOOK 04.5 rACE 637 February 27, 1979 CHAIRMAN AUTHORIZED TO SIGN LETTER NO~l~ATING DR. NENO J. SPAGNA TO DIRECTOR'S POSITION ON THE BOARD OF STATE ASSOCIATION OF COUNTY PLANNING AND ZONING DIRECTORS Commissioner Archer moved. seconded by Commissioner Wimer and carried 5/0, that the Chairman be authorized to sign a letter to the State Association of County Planning and Zoning Directors nominating Dr. Neno J. Spagna for position of Director. CHAIRMAN AUTHORIZED TO SIGN lETTER TO LEGISLATIVE COMMITTEE REQUESTING CONTINUANCE OF BIG CYPRESS BASIN BOARD OF SFWMD Following brief explanation by Administrative Aide to the Board Mary Morgan, Commissioner Pistor moved. seconded by Commissioner Archer and carried 3/2 with Commissioners Wenzel and Wimer dissenting. that the Chairman be authorized to sign a letter to the Legislative Committee requesting that they do everything possible to effect the continuance of the Big Cypress Basin Board of the South Florida Water Management District. EXECUTION OF CONTRACT WITH PELICAN CAY IMPROVEMENT DISTRICT FOR STREET LIGHTING - CONTINUED UNTIL MARCH 6. 1979 Following brief explanation by County Attorney Pickworth concerning the reasons for the continuance, Commissioner Archer moved. seconded by Commissioner Wenzel and carried 5/0. that the execution of the contract with the Pelican Bay Improve- ment District for street lighting be continued until the meeting of March 6, 1979. MISCELLANEOUS CORRESPONDENCE - FILED AND/OR REFERRED There being r,o objection, the Chair directed that the following correspondence be filed and/or referred to the various departments as indicated: 1. Letter dated February 16. 1979 from Edward A. Feaver. Director. Office of Nanpower Planning, Department of Community Affairs indicating acceptance of the Cost Allocation Plan prepared and submitted for the CETA Program - filed. 2. letter dated February 14, 1979 from loring Lovell. Chief. Bureau of Intergovernmental Relations. Division of State Planning. re Community Development Clock Grant - xc Dr. Spagna; and filed. 3. Letter dated February 15. 1979 from George L. Gould. local Government Assistance Specialist, Department of Community Affairs. transmitting checklist re "701" Grant Application which must be answered by March 5. 1979 - xc to Or. Spagna; and filed. 600~ 045 PACE 639 February 27, 1979 15. Letter dated February 13. 1979 from State Senator Van B. Poole, aCknowledging receipt of ~~ard correspondence on Senate Bill 83 - filed. 16. Letter dated February 16, 1979 from Carl C. Anderson, Edison Community College - Collier Center, expressing appreciation to the Commissioners for their contribution towards the 1979 State Science and En9ineering Fair. filed. 17. PSC Notice of Filing for an Extension of Certif1eate No. 764 rA National Construction Corp. of Florida, Inc. - filed. 18. Notice of Annual Governor's Highway Safety Conference to be held March 29 and 30, 1979 in Orlando - Commissioners to advise whether or not they or their staff wish to attend. filed. BRIEF DISCUSSION RE USE OF RIGHT-OF-WAY BY INDIVIDUAL PROPERTY OWNERS - NO ACTION TAKEN Mr. Mike Zewalk stated that he has been requested by the citizens of the Nort Naples aroa to obtain a clarification by the County Attorney as to the rights an individual has for the use of the right-of-way in front of his home. Specifically said Mr. Zewalk, the question concerns whether or not a person can be kept from parking on another person's right-of-way thereby tearing up the lawn, and the like County Attorney Pickworth stated that he could not answer the question, in ." general, noting that fact-by-fact determinations are made on such matters. It was Commissoner Archer's suggestion that such persons not be ordered off the properties but rather requested not ~o park on the grass which the homeowner plants and cares for. * * * * * * * * * * * * * * * * * There being no further business for the good of the County. the meeting was adjourned by order of the Chafl' - Time: 11:45 A.M. BOARD OF COUNTY COMMISSIONERS/EX 10 GOVERNING BOARD(S) OF SPECIAL o TS UNDER ITS CONTROL .. "" " .) Ii A ~ .,~ '" , ATTEST:" ( . :' WIlLIA1>1 J. ~EA~N. CLERK .... ""('" .', ., .,I' . '.. \ I. ;:' ""'... , '" . . , . , " , . . 'I' ',\:. I"\,,' ,.,.