BCC Minutes 03/06/1979 R
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Naples. FJor1da. March 6. 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. Pistor
C. R. "Russ" Wimer
ABSENT: Thomas P. Archer
ALSO PRESENT: William J. Reagan, Clerk. Harold L. Hall. Chief Deputy
Clerk/Fiscal Officer. Virginia Magri and Jean Swindle (10:15 A.M.) Deputy Clerks
C. William Norman. County Manageri Donald A. Pickworth. County Attorney. Neno J.
,
Spagna. Community Development Administrator. Clifford Barksdale. County Engineer
Mary Morgan. Admini~trative Aide to the Board. and Deputy Chief Ra,vmond Barnett.
Sheriff's Department.
AGENDA
BOARD OF COUNTY COMMISSIONERS
FINAL AGENDA
March 6, 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 20, 1979
5. PROCLAt1ATIONS A~ID PRESENTATIONS OV AWARDS
6. SOCIAL SERVICES
It
A.
social Services, Case #W-28S8
~OOK
045 rAGE 640
&OOK 045 rACE 643
March 6. 1979
AGENDA APPROVEd WITH ADDITIONS/DELE'I :ffi
Commissioner Wenzel moved, seconded by Conmiss1oner Pistor and
carried unanimously 4/0. Commissioner Arch~r absent. that the agenda
be approved with the following additions/deletion:
1. Proclamation "National Employ The Older Worker Weekll . added
2. Goodland Water Purchase Agreement with Deltona . added
3. Contract with Florida Dept. of Rehabilitation. added
4. Canal reservations, release and acceptance of drainage easements -
deleted (Utility Director's Report)
MINUTES OF FEBRUARY 20. 1979 - APPROVED
Commissioner Wenzel moved, seconded by Commissioner Pistor and
carried unanimously, that the minutes of February 20. 1979 be approved
as submitted.
PROCLAMATION "NATIONAL EMPLOY THE OLDER WORKER WEEK" - ADOPTED
Following the reading of a proclamation entitled "National Employ
The Older Worker Week" by Clerk WilHam J. Reagan. Conmiss1oner Wimer moved
its adoption, seconded by Commissioner Pistor and carried unanimously.
Chairman Brown presented the proclamation to Mr. Ralph Jones of the
Florida Employment Services.
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&OOK 045 PACE 64.5
March 6. 1979
SOCIAL SERVICES CASE W-2858 - APPROVED
Commissioner Pistor moved, seconded by Commissioner Wenzel and
carried unanimously. that Social Services Case W-28S8 be approved.
ORDINANCE 79-14 AMENDING MARCO ISLAND LIGHTING MUNICIPAL SERVICES TAXING
DISTRICT ORDINANCE 78-22 BY ADDING CERTAIN LANDS OF MARCO BEACH TO THE
TAXING DISTRICT - ADOPTED
Legal notice having been published in the Marco Island Eagle on
February 8, 1979 as evidenced by Affidavit of Publication filed with
the Clerk, public hearing was opened to consider a proposed ordinance
amending the Marco Island Lighting Municipal Service Taxing District
by adding certain lands of Marco Beach to the taxing district. more
specifically described as that area of Marco Beach Unit 7 bounded by
the east side of Landmark from Rt. 92 through Ironwood Court including
Tulip, Plum. Maples, Abaco, Birch, all of Ironwood Court and Tract A.
County Engineer Rarksdalp. said that a petition was received to
include this area in the district. however, it did not have the required
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50% plus 1. He noted that the Board can create the District by motion.
There being no one registered to speak. Commissioner Wenzel moved,
seconded by Commis~ioner Pistor and carried unanimously. that the public
hearing be closed.
Commissioner Pistor moved to approve the addition of the afore-
mentioned area to the Marco Island Lighting Municipal Service Taxing
District. Motion seconded by Chairman Brown and carried ,unanimously,
whereupon the Ordinance as numbered and titled below was adopted and
entered in Ordinance Book 19.
ORDINANCE NO. 79-14
AN ORDINANCE AMENDING ORDINANCE NO. 78-22
BY ADDING CERTAIN LANDS OF ~~RCO BEACH TO
TilE MARCO ISLAND LIGHTING MUNICIPAL SERVICE
TAXING DISTRICT, PROVIDING FOR CONSTRUCTION
AND AN EFFECTIVE DATB
~larch 6. 1979
ORDINANCE 79-15 AMENDING ORDINANCE 76-49 BY PROVIDING FOR TEMPORARY
EXEMPTION OF PARKING RESTRICTIONS - ~OOPTED WITH CORRECTION AS TO
EFFECTIVE DATE OF ORDINANCE
Legal notice having been published in the Naples Daily News on
February 14, 1979 as evidenced by Affidav'it of Publication fl1ed with
the Clerk, pUblic hearing was opened to consider a proposed ordinance
amending Ordinance 76-49 by providing for temporary exemption of
parking restrictions.
County Manager Norman noted that each year the Board is requested
to alleviate the problem of parking related to the Tony Lema Golf
Tournament, pointing out that the proposed ordinance provides for
temporary exemption of parking restrictions by resolution of the Board.
Commissioner Pistor noted that the wording in Section Three
pertaining to the effective date needs to be changed to read 'IThts
ordinance shall become effective when placed in the U.S. Mal1lt rather
than when it is r~ceived and acknowledged by the Secretary of State.
Commissioner Pistor moved, seconded by_Conmiss1oner Wenzel and
carried unanimously 4/~ that an emergency exists relative to changing
the wording in the proposed ordinance.
Commissioner Wenzel moved, seconded by Conmiss1oner Wimer and
carried unanimously 4/0, that the public hearing be closed.
Commissioner Pistor moved that the ordinance as numbered and titled
below, amending Ordinance 76-49 to provide for temporary exemption of
parking restrictions, with the correction made as to the effective date.
be adopted. Motion seconded by Commissioner Wimer and carried unanimously
4/0 and entered in Ordinance Book #9.
ORDrNA.~cn NO. 79-15
AN ORDINANCE AMENDING ORDINANCE 76-49 TO
PROVIDE FOR TEMPORARY SUSPENSION OF ORDINANCE
AND FOR RENUMBERING ENSUING SECTIONS OF
ORDINANCE.
800K 045 PACE 646
aOOK 045 rAGE 647
March 6. 1979
ORDINANCE 79-16 RE PETITION R-78-35-C, J.R. MURPHY. ~ENOING ORDINANCE
75-30 CHANGING ZONING CLASSIFICATION FHliM 'IA" AGRICULTURE TO "GC" GOLF
COURSE. flRM_l" RESIDENTIAL SINGLE AND MULTIFAMILY. AND "GRe" GENERAL RETAIL
COMMERCIAL, SEC. 26, T49S, R26E, SO. OF GOLDEN GATE PKWY. AND WEST OF
AIRPORT RD. - ADOPTED. PETITIONER'S AGREEME'I{T TO STIPULATIONS -
ACCEPTED
Legal notice having been published in the Naples Star on February 2,
1979 as evidenced by Affidavit of rublication filed with tho Clerk.
public hearing was opened to consider Petition R-78-35-C by J. R. Murphy
Enterprises requesting a change in the zoning classification from "A"
Agriculture to "GC" Golf Course, "RM-l" Residential Single and Multifamily,
and "GRC" General Retail Commercial for property in Section 26. T49S,
R26E. south of Golden Gate Parkway and west of Airport Road.
Dr. Neno Spagna, Community Development Administrator. noted that
the petitioner is requesting rezoning for a 245 acre golf course and
residential development consisting of 252 residential units and 10 guest
villas. Also. there is a 10 acre commercial tract located in the northeast
corner of and exclusive of the residential development. He said that the
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overall density of the project is 1.04 dwelling units per acre.
Continuing, Dr. Spagna said that the Coastal Area Planning Commission
held their public ~earing on February 1. 1979 and that they recommended
forwarding Petition R-78-3S-C to the Board with a recommendation of approval
subject to staff stipulations and the additional stipulation that the
noise hazard warning is to be given to all buyers. He noted that the
petitioner has agreed to these conditions.
Chairman Brown questioned the need for the noise hazard warning,
noting that there are other subdivisions in the immediate area, namely
Poinciana. and asked if they have agreed to the same conditions. Dr.
Spagna replied in the negative. Chairman Brown inquired why the staff
and CAPC has requested this stipulation. Dr. Spagna said that there were
some Objections raised at the public hearing before the CAPe because this
project will be about 3/4 miles north of the airport.
Commissioner Pistor expressed concern as to the kind of entrances
into the commercial area at the corner of Golden Gate Parkway and Airport
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. March 6. 1979
Road, noting that these roads are going to be 4-1aned.
Mr. William Vines, Planner, rep;'~senting the petitioner. said
that the traffic problem has been taken into consideration. He said
that two points of entrance and exit are planned and that in each case
they will match the median break. He said that the entrance on Airport
Road will be the conventional street intersection. approximately 600 feet
below the main intersection, adding that this is standard highway design.
Commissioner Wenzel questioned if Dr. Spagna considers this "spot"
zoning. Dr. Spagna said that he is against "spotll and "strip" zoning but
in looking at this particular location Objectively it is not suitable for
single family residences.
Referring to the proposed commercial zOing Mr. Vines said that in
all probability there will be no retail, it will be specialized commercial
facilities such as offices and a restaurant.
During general discussion Mr. Vines pointed out that the tract of
land being discussed is being carved from a larger Collier holding and
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that the commercial area is not part of Bear1s Paw Country Club. it is
held by a different owner.
More discussion was held regarding the noise hazard with Mr. Vines
commenting that the air traffic noise is insignificant~ it is hte highway
noise that is predominant. Chairman Brown again asked why it was even
considered and expressed his concern that the Board is operating outside
its area. Dr. Spagna concluded that the measure is a protection for the
airport as well as prospective buyers in that they would have no complaint
against aircraft noise.
There being no registered speakers. Commissioner Wenzel moved.
seconded by Commissioner Pistor and carried 4/0, that the public hearing
be closed.
Commissioner Pistor moved, seconded by Commissioner Wenzel, that
Petition R-78-35-C changing the zoning classification from 'IA" AgriCUlture
to "GC" Golf Course. "RM-l" Residential Single and Multifamily, and
~OOK 045 PAGE 648
BOOK 045 PACE 649
March 6. 1979
"GRC" General Retail Conmercial fo" property in Section 26. T49S. R26E
south of Golden Gate Parkway and west of Airport Road be approved and that
the ordinance as numbered and titled below be adopted and entered in
Ordinance Book 19. Also, that the petitioner's agreement to the stipu-
lations be accepted. Upon call for the question the motion ,carried 4/0,
Commissioner Archer absent.
ORDINANCE NO. 79- 16
AN ORDINANCE AMENDING ORDWANCE 76-30 THE COM-
PREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED
AREA OF THE COASTAL AREA PLANNING DISTRICT BY
AMENDING THE ZONING ATLAS MAP NUMBER 49-25-7 BY
CHANGING THE ZONING CLASSIFICATION OF THE FOLLOWING
,DESCIRBED PROPERTY FROM "A" AGRICULTURE TO liGen GOLF
. COURSE. "RM-I" RESIDENTIAL SINGLE Aa~O I1ULTI-FAMILY
AND "GRC" GENERAL RETAIL COMMERCIAL: THAT PORTION
OF SECTION 26, TOWNSHIP 49S. ~~GE 2SE LYING SOUTH
OF GOLDEN GATE PARKWAY AND WEST OF AIRPORT ROAO
AND BY PRCVIDING AN EFfECTIVE CATE.
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BOOK 045 PACE 651.
ORDINANCE 79-17 CREATING THE GOOOLA"J MUNICIPAL FIRE DISTRICT - ADOPTED
Legal notice having been published in the Marco Island Eagle on
February 8, 1979 as evidenced by Affidavit of Publication filed with
the Clerk, public hearing was opened on a proposed ordinance to create
the Goodland Municipal Fire District with power to prOVide fire protection
services therein and the power to levy one (1) mil of ad valorem taxes.
Commissioner Pistor said that due to an error the legal description
of the Marco Island Fire District deleted a portion of Goodland. He said
that the Tax Collector and Property Appraiser assess and collect by legal
description. therefore, Goodland has not been paying fire taxes although
they have been served by the Marco Island Fire District for all of the
years that it has been in existence.
Although not registered to speak, Mr. Sid Webster of Goodland
requested permission to address the Board. He questioned what was being
done and Commissioner Pistor explained to him in detail the action just
concluded. Mr. Webster said that t~eir fire protection was worth nothing,
whereupon Commissioner Pistor advised him that they could set up an
independent fire district and have them obtain their own people and equip-
ment at considerable cost. Commissioner Pistor noted that petitions have
been received requesting the creation of the district. Commissioner Wenzel
recalled that 8-10 years ago the people decided that they wanted to be
included in the fire district. however. through an error they were not
included in the legal description. therefore. they were not taxed. He
emphasized that the action being taken is only for the correction of a
description mistake.
Mr. Webster questioned his district taxes and requested that no
action be taken at this meeting. Fiscal Ofticer Hall suggested that Mr.
Webster speak with Tax Collector Ayers to determine the makeup of his
tax bill.
Mr. William D. Wetzel, representing the Goodland Civic Organization,
said that that group disagrees with Mr. Webster. He suggested that this
March 6, 1979
.r-..t
, March 6, 1979
is a start to better fire protection and said that they are pleased with
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the fire protection being receive~. Continuing, Mr. Wetzel said that most
of their members live in Goodland and pay taxes in Goodland and want to
pay their share for fire protection.
There being no further discussion Commissioner Wenzel moved, seconded
by Commissioner Pistor and carried unanimouSly 4/0, that the public hearing
be closed.
Commissioner' Pistor moved to adopt the ordinance creating the Goodland
Municipal Fire District with the power to provide fire protection services
therein and the power to levy one (1) mill of ad valorem taxes under Section
125.01 of the Florida Statutes, establis~ing the Board of County Commissioners
as the governing body. Commissioner Wenzel seconded the motion. Upon call
for the question the motion passed 4/0, Commissioner Archer absent. and
the ordinance as numbered and titled below was adopted and entered in
Ordinance Book #9.
ORDINANCE !\O;- 79- 17
AN ORDINANCE TO CREATE THE GOODLAND MUNICIPAL FIRE DISTRICT
WITH POWER TO PROVIDE FIRE PROTECTION SERVICES THEREIN AND
THE POWER TO LEVY ONE (1) MILL OF AD VALOREM TAXES UNDER
SECTION 125.01 (q) OF THE FLORIDA STATUTES~ ESTABLISHING THE
BOARD OF COUNTY COMMISSIONERS AS THE GOVERNING BOARD~ PRO-
VIDING AN EFFECTIVE DATE. .
PETITION SMP-79-1C. GATH INC. REQUESTING SUBDIVISION MASTER PLAN APPROVAL
FOR PROPERTY KNOWN AS TALL PINES LOCATED IN SEC. 12. T49S, R2SE _ AUTHORIZED
FOR PUBLIC HEARING APRIL 3. 1979
Commissioner Wenzel moved, seconded by Commissioner Pistor and
carried unanimously 4/0. that Petition SMP-79-1C, Gath Inc. requesting
subdivision master plan approval for property known as Tall Pines and located
in Section 12, T49S, R25E. just north of the entrance to Barron Collier
High School be advertised for public hearing April 3. 1979.
i'oOK 045 PAcr 652
BOOK 045 PACE 65S
March 6. 1979
PETITION A-79-1-C J.W. ANDERSON APPEAI.ING THE DECISION OF THE ZONING DIRECTOR
THAT A GREYHOUND BUS PASSENGER FACILI1. IS A PRINCIPAL USE IN "GRC" ZONING
DISTRICT - ADVERTISED FOR PUBLIC HEARING MARCH 27. 1979
Commissioner Wenzel moved. seconded by Commissioner Pistor and carried
unanimously 4/0, that Petition A-79-1-C by J.W. Anderson appealing the decision
of the Zoning Director that a Greyhound Bus passenger facility is a prinicpal .
use In "GRC" zoning dfstrfct be advertised for public hearing March 27. 1979.
CHAIRMAN AUTHORIZED TO SIGN CONTRACTUAL AGREEMENT FOR SERVICES BETWEEN THE
fLORID^ DEPARTMENT OF OrfENDER REHABILITATION AND THE BOARD OF COUNTY COMMISSIONERS
RE COUNTY TO BE REIMBURSED BY THE DEPARTMENT A PERCENTAGE OF FEES COLLECTED BY
COUNTY PROBATION OFFICE
Judge Thomas Trettis presented the request for approval of a contract between
the Florida Department of Offender Rehabilitation and the County which would enable
the County's Probation office to receive, from the State. a $6.00 reimbursement for
every $10.00 probation fee collected. Judge Trettis stated that the Probation
Department has been self-supporting since its inception and with the signing of
the above-referenced agreeme~t, will be able to continue in like manner inClUding
the additional personnel that Ms. A~n Morgan. Director of County Probation, indicate:
is necessary.
Commissioner Wenzel moved, s~conded by Commissioner Pistor and carried 4/0.
with Conrnissioner Archer absent, to authorize the Chairman to sign the Contractual
Agreement for Services between the Department of Offender Rehabilitation and the
Board of County Commissioners.
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RESOLUTION 79-37 ALLOWING PARKING ON SWALE AREAS OF MARCO ISLAND DURING TONY
~~EMORIAL TOURNAMENT. MARCH 12. 1979 - ADOPTED
Commissioner Pistor moved, seconded by Commissioner Wenzel and carried 4/0,
with Commissioner Archer absent, that Resolution No. 79-37, "Suspending operation
of Ordinance 76-49 with respect to parking in swale areas of County rights-of-way
on Marco Island from 7:00 A.M. to 7:00 P.M. on Mond~. March 12, 1979, being the
hours of participation of Collier County Citizens in the Tony Lema Memorial
Golf Tournament of the Marco Island Country Club". be adopted.
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BOOK 045 PAGr656
800K 045 PACE 659
March 6, 1979
GUN PERMIT NO. 79-8 APPROVED FOR I:~~NCE TO GAIL ERNEST KERN
C~unty Manager Norman presented the requ~st by Gail Ernest Kern for a
concealed weapon permit, stating that Mr. Y.ern has met all the prerequisites
as stated in the application, including a statement from Deputy Chief Barnett
that Mr. Kern has no criminal record.
Mr. William Morse, District Chairman of American Pistol and Rifle Associ-
ation, spoke in opposition to the issuance of such a permit. saying Mr. Kern's
position as Range Master of the Target IV Range did not. in his opinion, require
Mr. Kern to carry a concealed weapon. Mr. Morse questioned the dollar amount
of monies to be carried by Mr. Kern and the premise that "security of property"
was as great as had been indicated.
Mr. J.C. Caruthers, Executive Vice President of American Pistol and Rifle
Association, also spoke in opposition, making mention of a proposed list of
people that are to be excluded from using the SUbject range and while, this has
no bearing on the issuance of a gun permit, r~r. Caruthers wanted it mentioned for
information purpoSJS in regards to the present litigation surrounding the property.
The Board was reminded that the request is for Mr. Kern's concealed weapon
permit and not the determination of who will be allowed to use the range.
Commissioner Pistor moved, seconded by Commissioner Wenzel and carried 4/0.
with Commissioner Archer absent, that Gun Permit No. 79-8 be issued to Mr. Gail
Ernest Kern.
COUNTY ENERGY EMERGENCY ADVISORY PANEL (CEEP) ESTABLISHED. COUNTY MANAGER
AUTHORIZED TO APPOINT MEMBERS 1'0 THE NEW "ADVISORY COMMITTEE ON ENERGY EMERGENCIES"
County Manager Norman presented the request to establish a County Energy
Emergency Advisory Panel (CEEP) as requested by Honorable Robert Graham, Governor,
in accordance with Florida's Energy Contingency Plan, to work with suppliers and
consumers of all types of energy within Collier County in the event of an energy
shortage. Mr. Norman recommended the fOllowing names to be appointed as members
of the Countj Energy Emergency Advisory Panel:
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March 6. 1979
C. William Norman
County Manager-Chairman
Norris Ijams
James Ringo
Doug Avery
William Ryan
County Fuel Alloca-
tion Officer
Fire Chief & Civil r~f. Dir. City of Naples
Chr., Immokalee Area Plan-
ning Corrmittee
Oleum Corp.
V.P. & General Mgr.
Cabl~vision
Immokalee
Fla. Petroleum
Marketers Assoc.
Consumers/Media
At the same time, Mr. Norman asked that the Board authorize the
establishment of an Advisory Committee on Energy Emergencies to which he will
appoint pighteen (18) persons and explainod that such an advisory committee will
work Closely with the County Energy Emergency Advisory Panel.
Commissioner Wimer moved, seconded by Commissioner Pistor and carried 4/0.
with Commissioner Archer absent. that a County Energy Emergency Advisory Panel
be established with the five above-named persons appointed as members of said
panel.
Commissioner Wimer moved, seconded by Commissioner Pistor and carried 4/0.
with Commi"sionei' Archer absent, that an Advisory Committee on Energy Emergencie
be established with County Manager Norman authorized to appoint the necessary
persons to such a committee.
REQUEST FOR INSTALLATION OF ELECTRICAL FACILITIES FOR IMMOKALEE COUNTY PARK RE
IMMOKALEE HARVEST FESTIVAL - DENIED
Commissioner Wimer moved, seconded by Commissioner Pistor and carried 4/0.
with Commissioner Archer absent, that the item concerning the above-referenced
title, be declared an emergency item and added to today's agenda.
Assistant County Manager Woodruff presented the request for the expenditure
of approximately $1,000 for the Wiring at the Immokalee Park to be used in
conjunction with the Immokalee Harvest Festival. March 15, 1979. Mr. Woodruff
stated that the requested improvements cover approximately 1,000 linear feet of
electrical line for 120 volt service and 12 receptacles to be stationed at
various points around the park. He also gave an estimated cost for a permanent
installation as being approximately $1.000 while a temporary installation would
cost approximately $900.00 - each figure including placing the electrical lines
underground (both for security and less theft damage). Mr. Woodruff explained
BOOK 045 rAGE 660
MOX 045 PACE 661
March 6, 1979
that the Immokalee Harvest Festival is an annual occurance and while the
festival is not held under the auspices of t.he County Parks and Recreation
program, the suggested improvements would greatly enhance the Immokalee Park,
which is owned by the County.
Discussion followed with statements being made that the County had not
financed such requests for the Swamp Buggy Festival nor the Collier County Fair
with the consensus of the Board being that the Immokalee Harvest Festival
committee should bear the financial burden.
Chairman Brown moved, seconded by Commissioner Pistor and denied by a 1/3
vote, with Commissioner Archer absent, that the County install wiring at the
Inmokalee Park for the Immokalee Festival. Commissioners Pistor, Wenzel and
Wimer dissented.
EXTENSION OF TIME FOR TnE SUijDIVISION MASTER PLAN APPROVAL FOR PETITION SMP-78-8C
RIVIERA GOLF ESTATES UNTIL OCTOBER 24, 1980 - GRANTED
Dr. Neno Spagna, Community Development Administrator, presented the petitIoner'
(Riviel'a Golf Estates) request for an extension of time regarding the project's
Master Plan approval which was given by the Board in October, 1978. Dr. Spagna
stated that the Su~division Regulations require that even though the Subdivision
is done in phases, the Subdivision Approval lasts only for one year. He said that
the petitioner is proceeding with the Final Plat for Unit 2 and Unit 3 and it is 80%
complete. however, all of the phases will not be able to be completed within
the one year time period. It was the staff's recommendation that the Board grant
the extension until October 24, 1980.
Commissioner Pistor moved, seconded by Commissioner Wimer and carried 4/0,
with Commissioner Archer absent, that the extension of the Subdivision Master
Plan for Petition SMP-78-8C, Riviera Golf Estates. be granted until October 24,
1980.
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REQUEST BY D.T. TACKNEY REPRESENTING SUB OCEANIC CONSULTANTS. INC. FOR A LETTER
OF NO OBJECTION REGARDING DEPARTMEN1 OF NATURAL RESOURCES AND PETITIONS A-77-3V.
(PRINCESS DEL MAR) AND A-78-P-~85 ~PRINCE DEL MAR) - DENIED. STAFF AUTHORIZED'
ADVISE DNR THAT THE COUNTY WOULD LIKE TO REVIEW ALL FUTURE VARIANCES FROM THE
CCSL PRIOR TO ANY DNR ADMINISTRATIVE APPROVAL BEING MADE
Dr. Neno Spagna, Community Develop~ent Administrator. reviewed the request
by D.T. Tackney of Sub Oceanic Consultants, Inc. for a letter of no objection
regarding the Department of Natural Resources and their administrative approval
of the ~wo Petitions A-77-3V-219 (Princess Del Mar) and A-78-P-28S (Prince Del
Mar), saying that the Bureau of Beaches and Shores had determined that the work
involved in both petitions had been of such a minor nature that the normally
required variances, issued by the County and the Cabinet, would not be necessa~
Dr. Spagna stated that neither variance had been reviewed or approved by the
Board which does not comply with Ordinance 75-19 that requires that all constru.
seaward of the Coastal Construction Setback Line be reviewed and approved by
the Board of County Commissioners.
Mr. D.T. Tackney, representing Sub Oceanic Consultants, Inc~ explained that
two petitions had not been forwarded to the DNR in an attempt to bypass the Boal
of County Commissioners but had been so han~led because of the minor nature of
the work involved. Mr. Tackney stated he wanted to abide by the Board's wishes
Discussion followed which covered the construction of a 7 foot wall for SOl
600 feet as being more than minor work; the fact that none of the construction I
been started. the prerequisite that there should be input from the public of
Marco Island concerning such variances and the need for public hearings regardil
such requests for variances.
Commissioner Wimer moved, seconded by Commissioner Pistor and carried 4/0.
with Commissioner Archer absent, not to grant the Letters of No Objection regarc
the DNR and Petitions A-77-3V-219 (Princess Del Mar) and A-78-P-285 (Prince Del
Commissioner Wimer moved, seconded by Commissioner Wenzel and carried 4/0.
with Commissioner Archer absent, that the DNR be notified that the County will
want to review and comment on all future variances from the CCSL in Collier COUI
prior to any DNR administrative approval.
aDOK
04.5 PACE 662
BOOK 045 PAGE 663
March 6. 1979
PURCHASING DIRECTOR'S REQUEST TO ~ELL ALL 67 MODEL NO. 2.5 VOTING MACHINES FOR
$13.400.00 - APPROVED
~'r. Frank Wilcox, Purchasing Director, reported to the Board that, after
having received approval of disposition from the State Director. he had contacted
all interested parties on the sale of 67 surplus voting machines now being held
by Collier County. (The recent purchase of new voting equipment by the County
making them unusable). He stated he has had an offer from Martin County to
purchase 40 of the model 2.5 machines for $10,000 and an offer from Reliable
Election Services of Mt. Holly, New Jersey for the balance of 27 machines for
$3,400. r.lr. Wilcox requested that he be allowed to sell all 67 model 2.5 voting
machines for a total of $13,400.
Commissioner Pistor moved, seconded by Commissioner Wenzel and carried 4/0.
with Commissioner Archer absent, to approve the sale of all 67 model 2.5 voting
machines for a totdl of $13,400.
SUPPLEMENTAL ~ERVICES OF CONSULTING ENGINEERS FOR GOODLAND WATER DISTRICT IN
CONNECTION WITH THE PREPARATION AND PROCESSING OF DER AND CORPS OF ENGINEERS
PERMITS - AUTHORIZED IN A AMOUNT NO~ TO EXCEED $1.000
Utility Director Berzon presented the request for the expenditure of funds
not to exceed $1.000 for supplemental services of the Consulting Engineers, CH2M
Hill. for Goodland Water District in connection with thA preparation and processing
of the necessary applications for DER and Corps of Engineers permits and such
other permits as may be required and that once the authorization is given. that
this matter be forwarded to the Farmers Home Administration for their approval
as an eligible cost of the project.
Commissioner Wimer moved, seconded by Commissioner Wenzel and carried 4/0.
with Commissioner Archer absent, that the expenditure of funds not to exceed
$1.000 for supplemental services of the Consulting Engineers, CH2M Hill. for
Goodland Water District, in connection with the preparation and processing of
the necessary applications for DER and Corps of Engineers permits and other
such permits as may be required, be authorized. In addition, that this matter
be forwarded to the Farmers Home Administration for their approval as an eligible
cost of the project.
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'March 6. 1979
WATER PURCHASE AGREEMENT BETWEE;~ GO~DLAND~ INC. AND THE DEL TONA CORPORATION -
APPROVED
Utility Director Berzon stated that Goodland, In~. has made a contract to
buy water from Deltona Corporation during the interim before the Goodland Water
District is ready for service and it is this water purchase agreement between
Goodland, Inc. and the Deltona Corporation that he is asking the Board to
approve.
Commissioner Wenzel moved, seconded by Commissioner Pistor and carried
4/0, with Commissioner Archer absent, that the water purchase agreement between
Goodland. Inc. and the Deltona Corporation be approved.
PAYMENT OF ROUTINE BILLS - AUTHORIZED
Following Fiscal Officer Harold Hall's statement that the bills being
presented for approval of payment have been prepared following established
procedures and that funds are available, Commissioner Wenzel moved, seconded
by Commissioner Pistor and carried 4/0, with Commissioner Archer absent, that
the bills be approved for payment as witnesJed by the following warrants issued
from February 28, 1979 through March 6, 1979:
FUND,
General Fund
Road & Bridge '2
Aquatic Weed
CETA
F're Hydrant Assessment Fund
COlAnty Warrants
BCC Payroll
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WARRANT NOS.
23
11
4
7
2
004533 - 004805
57354 - 57972
BUDGET AMENDMENT 79-45 FINAL PAYMENT OF FRONT END LOADER/SOLID WASTE ADMINISTRATIf
ADOPTED IN THE AMOUNT OF $2,430.00
Commissioner Wenzel moved, seconded by Commissioner Pistor and carried 4/0,
with Commissioner Archer absent, that Budget Amendment 79-45 for the final pay-
ment of front end loader/Solid Waste Administration. be adopted in the amount of
$2,430.00.
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&oOK 045 PACE 664
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March 6. 1979'
BUDGET AMENDMENT 79-46 FOR THE TRANSFER OF FUNDS TO PROVIDE FOR EXPENDABLE ITEr~S
TO BE CHARGED TO 344 AMBULANCE StRVICES/AMERICAN - ADOPTED IN THE AMOUNT OF $8,248
Commissioner Wenzel moved, seconded by Conmissioner Pistor and carried 4/0,
with Commissioner Archer absent, that Budget Amendment 79-46 to transfer funds
to provide for expendable items to be charged to 344 Ambulance Services/American.
be adopted in the amount of $8,248.0Q.
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BOOK 045 PAGE666
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March 6. 1979
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BUDGET AMENDMENT 79-47 - APPROPRIATION OF FUNDS FOR PURCHASE OF BELL HELICOPTER
PARTS - ADOPTED IN THE AMOUNT OF $2.500.00
Commissioner Wenzel moved. seconded by Conmfssfoner Pfstor and'carried
4/0, with Commissioner Archer absent. that Budget Amendment 79-47 for the
appropriation of funds for purchase of Bell helicopter parts. be adopted in
the amount of $2.500.00.
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BOOK 045 PAGE 668
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March 6, 1979
BUDGET AMENDMEtlT 79-48 TO TRANSFER FUNDS FOR PURPOSE OF SEPARATING SMALL
STORE~ AND XEROX - ADOPTED IN ~; AM~UNT OF $10.000
Commissioner Wenzel moved, seconded by Commissioner Pistor and carried
4/0, with Commissioner Archer absent, that Budget Amendment 79-4B for the
transfer of funds for the purpose of separating small stores and Xerox. be
adopted in the amount of $10,000.
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eoOK 045 fAGE 670
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March 6,' 1979
BUDGET AMENDMENT 79-49 - TRANSFER OF FUNDS FOR'PURPOSE OF EQUIPPING CARS RE ALS
PROGRAM, INCLUDING SALARY OF MCllICI,t. DIRECTOR FOR ,TWO MONTHS - ADOPTED IN THE
AMOUNT OF $6,500 ' . ".;1"" '. ' ,
Commissioner Wenzel moved. seconded by Commissioner P1stor and carried
4/0. with Commissioner Archer absent. that Budget Amendment 79-49 for the
transfer of funds for the purpose of equipping cars r. ALS program, including
salary of Medical Director for two months. be adopted in the amount of $6.500.
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&OOK 045 PACE 672
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March 6. 1979
FISCAL OFFICER HAROLD HALL GIVES STATUS REPORT OF AMENDMENTS TO BUDGET LINE ITEMS
PROCESSED WHICH DO NOT REQUIRE BOARD APPROVAL
Fiscal Officer Harold Hall gave a status report on Memo Budget Amendments,
explaining that these Budget Amendments are a result of the policy adopted by
the Board prior to this fiscal year and at the time of the adoption of the
budget. Mr. Hall explained that the .Board had approved the budget in "object
ranges" rather than in "individual line items". saying that one of the purposes
of such approval was to keep from coming back to the Board with a large number
of minor budget amendments - i.e. transferring from one kind of supply to
another kind of supply. He stated that there are currently, five such budget
amendments being processed, adding that both the County Manager's and his
approval have been obtained. It is at this time. Mr. Hall continued, that the
line items are amended in the budget with no change to the budget as approved
by the County. He said that this is the first time that such items have been
necessary and he thought this would be the proper time for such a status report
so that members of the Board could see what the items look.like and ho~ they
are being processed. Mr. Hall concluded wi~h the statement that County Manager
Norman is controlling his budget. in every department, down to the individual
1 ine items. explaining that all department heads are ,required to account for
all funds within their departmental budget, down to the line item. He said
thi$ procedure is working very nicely and is doing what it was intended to do.
CHAIRMAN AUTHORIZED TO SIGN FORMS REGARDING THE DISPOSITION OF NON-EXPENDABLE
PROPERTY WHEN GRANTS FROM THE BUREAU OF CRIMINAL JUSTICE ASSISTANCE TERMINATE
Administrative Aide Mary Morgan presented the forms that are required to
be signed for the disposition of non-expendable property obtained with funds
from Subgrant Award 75-AS-09-EIOI/Bureau of Criminal Justice Assistance, when
said grant expires. The implementing agency for the above referenced grant is
noted as the Collier County Mental Health Clinic, Inc. Mrs. Morgan requested that
the Chairman be authorized to sign the forms so that they may be returned to
the Bureau of Criminal Justice Assistance.
BOOK 045 PACE 674
BOOK 045 rAGE 675
March 6, 1979
Commissioner Wenzel moved, s~~on~1d by Commissioner Pistor and carried
4/0, with Commissioner Archer absent, that the Chairman be authorized to
sign the above-referenced form and SUbsequently. send such forms on to BCJA.
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March 6. 1979
COUNTY ENGINEER AUTHORIZED TO RUN WATER LINE FROM LAKE TRAFFORD ROAD TO LAKE
TRAFFORD CEMETERY IN THE AMOUNT OF $1,320. REQUEST FOR CONTINUANCE OF WATER
LINE FROM CEMETERY TO IMMOKALFE-ftRK FOR USE BY IMMOKALEE LITTLE LEAGUE - DENIEI
County Engineer Barksdale reviewed the request posed to the Board by
Mr. Paul D. Barber, President, Immokalee Little League Association. which
asked that the contemplated water line from Lake Trafford Road to Lake Trafford
Cemetery be extended to include the Immokalee Park, acknowledging that the entil
financing will have to be borne by the County. Mr. Barksdale gave the costs fOI
running the proposed water line to both the cemetery and the park as being
$2,200. adding that the sale of cemetery lots during 1978 has been only $1,650.
Commissioner Wenzel suggested that the financing could be taken care of by the
sale of the lots in Lake Trafford Cemetery for a period of five (5) years (usin!
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a $5.00 figure per lot for the calculations).
Discussion followed regarding who would pay for the water, once the line i!
laid; the fact that the request by the Immokalee Lftte League is made by a
private organization; the long-standing need for water to the cemetery and the L
of the park for the more desired recreational pastimes than are now available
to the youth in the area.
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Commissioner Pistor moved that County Engineer Barksdale be authorized to
construct the water line from Lake Trafford Road to the Lake Trafford Cemetery
and continue on to the Immokalee Park, then bring back to the Board a method of
financing the project. The motion was seconded by Chairman Brown. Upon call
for the vote, the result was a 2/2 tie.
Following more discussion, Commissioner Pistor amended his motion to author
the County Engineer to construct the water line from Lake Trafford Road to the
Lake Trafford Cemetery only for a cost of $1,320 and bring back to the Board a
method of financing the project. The motion was seconded by Commissioner Wimer
and carried 4/0 with Commissioner Archer absent.
STAFF MEMBER AUTHORIZED TO ATTEND STATE SEMINAR ON SHORE AND BEACH PRESERVATION
TO BE HELD APRIL 5 AND 6, 1979 IN GAINESVILLE. FLORIDA
Commissioner Wimer moved, seconded by Commissioner Wenzel and carried 4/0.
with Commissioner Archer absent, that the appropriate staff be authorized to att,
BOOK 045 PAGE 678
BOOK 045 PACE 679
Marc,h 6. 1979
the State Seminar on Shore and Beach Preservation to be held April 5 and 6.
1979 in Gainesville, Florida.
RESOLUTION FROM GADSDEN COUNTY, FLORIDA REGARDING COUNTIES RETAINING AUTHORITY
FOR ISSUANCE OF PERMITS IN THE CONSTRUCTION OF WATER IMPOUNDMENTS (DAMS) TO BE
REVIEWED BY STAFF AND BROUGHT BACK WITH RECOMMENDATION TO THE BOARD
It was the consensus of the Board that the Resolution from Gadsden County,
Florida regarding each county retaining authority to issue permits for the
construction of water impoundments (such as dams) be reviewed by the Staff and
a recommendation be brought back to the Board.
PLANNING DIRECTOR DESIGNATED AS LOCAL GOVERNMENTAL OFFICIAL TO REVIEW THE PRELIMINAI
INFORMATION COMPILED FROM THE 1980 DECENNIAL CENSUS REGARDING NUMBER OF HOUSING
UNITS, ETC. .
Commissioner Wimer moved, seconded by Commissioner Pistor and carried 4/0,
with Commissioner Archer absent. that the Planlling Director be designated as the
local Governmental Official to review the preliminary information compiled from
the 1980 Decenliial c~nsus as it regards the number of housing units, etc.
AGREEMENT AND ADDENDUM TO AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS
AND THE PELICAN BAY IMPROVEMENT DISTRICT FOR STREET LIGHTING WITHIN THE PELICAN
BAY AREA - APPROVED
Commissioner Wimer moved, seconded by Commissioner Pistor and carried 4/0,
with Commissioner Archer absent, that the agreement together with the addendum
to the agreement between the Board of County Commissioners and the Pelican Bay
Improvement District for street lighting within the Pelican Bay area be approved.
Chairman Brown asked that the record show that such approval was given on the
advise of legal counsel.
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BOOX 045 rACE 683
~larch 6, 1979
Cor.V'llSSIONER WENZEL'S RESIGNATION FROM THE COLLIER COUNTY MENTAL HEALTH BOARD -
ACCEPTED - CO~'ISSIONER ARCHER "~POi~TEO TO FILL THE V~CANCY
Chairman Brown accepted Commissioner Wenzel's resignation from the Collier
County Mental Health Board due to health reasons.
Commissioner Wimer moved. seconded by Commissioner Wenzel and carried 4/0,
with Commissioner Archer absent, that Commissioner Archer be appointed to fill
the vacancy on the Collier County Mental Health Board.
CERTIFICATE OF COUNTY CANVASSERS RE NAPLES PARK STREET LIGHTING - FILED FOR THE
RECORD
Certificate of County Canvassers regarding the election held concerning the
creation of a taxing district to provide street lighting in Naples Park together
with the authority to levy sufficient taxes to pay costs of such street lights.
the millage levied in no event to be more than 1.5 mills was accepted for the
record. The certificate showed there were 581 votes cast - 278 votes/FOR and
283 votes/AGAINST.
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March 6, 1979
There being no further business for the good of the County. the
meeting was adjourned by order of the Chair. Time: 11:45 A.M.
BOARD OF COUNTY COMMISSIONERS/EX
OFFICIO GOVERNING BOARD(S) OF SPECIAL
DISTR~
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ATTEST:
WILLIAM J. REAGAN, CLERK
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BOOK 045 PACt 688