BCC Minutes 04/03/1979 R
Naples, Florida, April 3, 1979
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LET IT BE REMEMBERED, that the Board of Coun~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 "Fit of the Courthouse Complex with the following members
present:
CHAI~1AN: David C. Brown
VICE-CHAIRMAN: Clifford Wenzel
John A. Pfstor
C.R. "Russ" Wimer
Thomas P. Archer
ALSO PRESENT: William J. Reagan, Clerk; Harold L. Hall, Chief Deputy
Clerk/Fiscal Officer; Enda Brenneman and Debbie Pantano (1:30 P.M.), Deputy
Clerks; C. William Nonman, County Manager; Donald A. Pickworth, County Attorney;
Neno J. Spagna, ~ommunity Development Administrator; Irving Berzon, Utility
Director; Clifford Berksdale, County Engineer; C&rl Clemmer, Zoning Director;
Raymond Dulaney, Building Director; Richard Woodruff, Assistant County Manager.
Mary Morgan, Administrative Aide to the Board; and Deputy Chief Raymond Barnett.
Sheriff's Department.
AGENDA
, BOARD OF COUNTY COMMISSIONERS
FINAL 'AGENDA
.
APRIL 3, 1979,
REQUESTS TO ADDRESS THE BOARD OF COUNTY COMMISSIONERS, walCH
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:
..larch 20, 1979
5. PROCLAMATIONS AND PRESENTATIONS OF AWARDS
6. SOCIAL SERVICES
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Aprfl 3. 1919
AGENDA . APPROVED WITH ADDITION/DELETIONS
Commissioner Archer moved, seconded by Commissioner P1stor and carried
unanimously 5/0, that the agenda be approved ~th the following addition and
deletions:
1. Petition V-78-24C, Dudley Goodlettt representing Michael Mfcellf,
requesting waiver of the 3-acre requirement for "GHIt for Lots 1-6,
Block G, Unit 2. Connor's Vanderbilt Beach Estates - Deferred for
90 days.
2. Petition A-79-2C, Waldon L. Sundstrom, appeal of Zoning Director's
interpretation of Zoning Ordinance 76-30 . Deferred two weeks.
3. Proposed settlement of lawsuit wfth The Dtltona Corporation re
Building Permit fees - Added.
APPROVAL OF MINUTES OF MEETING OF MARCH 20. 1979 . DEFERRED ONE WEEK
At the direction of the Chainman, approval of the minutes of the meeting
of March 20. 1979 was deferred until April 10, 1979.
ORDINANCE 79-20 CREATING THE MARCO ISLAND LIGHTING MUNICIPAL SERVICE TAXING
DISTRICT - ADOPTED. COpy OF MAP OF THE DISTRICT TO BE AFFIXED THERETO
Legal noti~e having been published in the Marco Island Eagle on March 15,
1979 as evidenced by Affidavit of Publication filed with the Clerk, public hear
was opened to consider a proposed ordinance creating the Marco Island Lighting
Municipal Service Taxing District.
Commissioner Pistor explained briefly the reasons whY the proposed ordinan
has been prepared. the area to be covered in the aforesaid District. and the
proposed millage. He said that the ordinance contains a very definite legal
description of the District, adding the comment that if the District is createc
it can be put into effect by October 1, 1979.
It was noted for the record that Messrs. L.F. Holfelder and Charles D. He~
were registered to be heard on the subject, howeve~ th~y deferred to Mr. Evans
his comments.
Mr. Ira E. Evans. Marco Island resident, stated that he represents the Mal
Island Taxpayers' Association and over 200 Marco Island property owners who ha,
alrea~ signed petitions requesting adoption of a Marco Island Street lighting
Taxing District Ordinance under the Association's format prepared some months i
.r,ODK 0(8 PAGE 84
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April 3, 1979
The signed petitions were presented for the record by Mr. Evans. AmOng Mr.
Evans' suggestions were that a more understandable description of the District be
added to the proposed ordinance; that an advisory board be formed to make a
determination of the locations for lighting and to prepare an estimate of the
costs to be incurred by the District. Mr. Evans also requested that the ordinance
be amended to include a millage cap of 1/4 mill, commenting that the one-mill cap
being proposed is too high.
Mr. Elbert Tripp, President of the Marco Island Taxpayers' Assocation. supported
Mr. Evans' statements, adding that consideration should be given to including
portions of Marco Island, 'now being excluded, due to the fact that permits may be
forthcoming to permit building in some of the higher ground areas. A further
suggestion made by Mr. Tripp was to appoint residents of Marco Island to the
committee organized to determine where the lights should be placed. if such
committee 1s formed.
Responding. in part. to Mr. Tripp's comments, Commissioner Pistor 5tated
that it was felt to be unreasonable to include areas of Marco Island in the
ordinance. and taxing those property owners for benefits which they may never
receive. He said that if building is permitted in those areas the ordinance can
be amended to include such properties. Regarding the mil,lage rate being proposed.
Commissioner Pistor explained that he attended the Annual Meeting of the Lee
County Electric Cooperative firm, the supplier of the electricity on the Island,
at which time the reasons whys it might be necessary to increase the rates were
explained. noting that no statement was made that the rates were going to be
increased. For this reason. said Cnmmissioner Pistor, the District might find
a higher millage than 1/4 mills may be necessary. He said that no monies collected
under the ordinance can be spent anywhere but in the area definitely described
therein.
Hr. Leigh Plummer. President of the Marco Island Civic Association. stated
that its Board has agreed that an overall lighting district is the most economical
solution to the lighting problem. Regarding the location of the lights, Mr. Plummer
said that. in his opinion. this is a matter to be decided by technicians.
April 3, 1979
representatives of the Sheriff'.. Department, and the like, because of the possib
effect on the diminution of crime on the Island. Addressing the matter of the
millage cap, Mr. Plummer said that the present energy crisis leaves unknown the
level of utility rates over the next few years and, if the cap proposed is somew
high. he expressed confidence that expenditures will not be "pushed" to that cap
and only the amount required to do a good, adequate Job will be spent.
Mr. Leo Tinkham. Marco Island resident, urged that the area to be covered
in the District be especially explicit in order to avoid any possible omission
from the tax rolls for assessment purposes. Hr. Tinkham expressed opposition to
the proposal that an advisory committee be mandated within the ordinance, adding
the comment that if volunteers are requested with regard to determining where
the lights should be placed, it would be agreeable. He also observed that he.
personally. would like to see a millage cap of 1/4 mill; however, he said that
he would dislike having the proposed ordinance held up or defeated because of a
desire to rhange the millage cap.
All proponents and opponents having been heard, Commissioner Pistor moved.
seconded by Commissioner Wimer. that the publiC hearing be closed.
Responding to Commissioner Wenzel, County Attorney Pickworth stated that it
is his opinion that none of the comments raised during the hearing are of legal
significance one way or the other. He said that it is assumed that the Engineer
Department personnel checked the legal description of the District and that it i
correct; however, he said that a map of the District could be attached to the
ordinance at the end of the legal description, noting that he would not want to
be bound by such attachment, but rather by the legal description language.
Upon call for the question that motion carried unanimously 5/0.
The question was raised by Commissoner Wimer as to whether or not property
owners who will not have lights will be paying for those who do. Fiscal Officer
Harold Hall agreed that vacant properties would be taxed for the lighting distri,
with lights being added as needed. He said that this is not an uncommon practic,
throughout the County and cited examples of other.areas where this is being done
Mr. Hall pointed out that such properties would be assessed fewer actual dollars
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048 PACE 87
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Aprfl 3, 1919
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due to the lower valuation of the property until there is construction on
such properties which will increa t the assessed valuation.
County Engineer Barksdale agreed that some properttes will be taxed where
there are no lights. however, theoretically, it is felt that it is not an unfair
tax since all property owners will recieve some benefits for lighting throughout
the Island since there will be lights installed at many of the intersections,
and the like, which are used by all residents.
Mr. Hall commented that it is evident that one mill is, at the moment, a
greater amount than maybe will ever be needed, however, he pointed out that if a
cap of 1/4 mill is established and it turns out that .26 mills are needed in any
one year. it would be necessary to go back through the process of &mending the
ordinance. Mr. Hall emphasized that, regardless of the cap establ~shed, if a tax
increase is necessary to meet the expenditures, the public will have the opportuni~
during the required public hearing on the matter to be informed of the reasons
for such increase.
Commissioner Wenzel moved that Ordinance 79-20, as entitled below, be adopted
and entered into Ordinance Book No.9, and that a copy of the map of the District
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be attached to the back of the ordinance to provide clarification of the District's
area in relationship to the legal description. The motion was seconded by
Commissioner Archer and carried unanimously 5/0.
ORDI~lANCE 79-20
AN ORDINANCE CREATING THE MARCO ISLAND LIGHTING
MUNICIPAL SERVICE TAXING DISTRICT; PROVIDING
THE BOUNDARIES OF THE DISTRICT J DESIGNATING
THE GOVERNING BODY OF THE DISTRICT J AUTHORIZING
A TAX LEVY OF UP TO ONE MILL I PROVIDING FOR.
CONSTRUCTION .AND AN EFFE~IVB DATE. .
*Map on file ("Exhibits to ordinancesr
April 3. 1979
RESOLUTION 79-44 VACATING KIR~WOOD LAKE . ADOPTED
Legal notice having been published in the Naples Daily News on March 18
and 25, 1979 as evidenced by Affidavit of Publication filed with the Clerk. publ
hearing was held to consider the request by the owners of property shown as
Kirkwood Lake on Plat Book 4. Page 45, on Plat Book,S, Page 3, and on Plat Book
4, Page 86, for vacation of subject property.
County Engineer Barksdale explained that the area was partially excavated
ten to twelve years ago and completely filled over the past years, noting that
the owners of the lands are now proceeding to complete all of the requirements
for County acceptance. Mr. Barksdale said that the Water Management Advisory
Board. during its meeting of February 14, 1979, recommended approval of the vaca'
with the stipulation that the County Attorney verify that the lake was never
public property. such verification having since been prOVided. He said that Boal
aproval of the reql!ested vacation will clear t1tle to the lands and permit the
developer to complete the required improvements for County acceptance of the Nap'
Commercial Center First Addition, and is recommended by staff.
Mr. Jack Stanley, representing the petitioners, was in attendance for the
purpose of responding to questions from the Board, if any.
There being no persons registered to speak, Commissioner Wenzel moved,
seconded ~y Commissioner Pistor and unanimously carried 5/0, that the public
hearing be closed.
Commissioner Pistor moved to accept the staff recommendations and adopt
Resolution 79-44 approving the vacation of Kirkwood Lake as shown on the Plat
Books detailed above. The motion WAS seconded by Commissioner Wenzel and
carried unanimously 5/0.
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April 3. 1979
PETITION R-78-37C, JOHN PUlLING ~O MILES SCOFIELD, REQUESTING REZONING FROM
"A" TO "CI" FOR PROPERTY LOCATlJ IN SECTION 12, T49S, R2SE - PUBLIC HEARING
CONTINUED PENDING RESULTS OF WORKSHOP SESSION TO REVIEW "A" ZONING CATEGORY
FOR POSSIBLE ACCOMMODATION OF PROPOSED USE OF PROPERTY
Legal notice having been published in the Naples Daily News on March 2. 197!
as evidenced by Affidavit of Publication filed with the Clerk, public hearing wa!
held to consider Petition R-78-37C, filed by John Pulling and Miles Scofield,
requesting rezoning from "A" Agriculture to "CI" Commercial-Industrial zoning fOI
property in Section 12, Township 49 South. Range 25 East.
Community Development Administrator Neno Spagna described the property to
be rezoned as being approximately three acres on the east side of Airport Road
opposite J & C Boulevard. He said the proposed use of the property is for the
harvesting and selling of farm produce and eventually evolving fnto packaging,
selling of packaging materials along with the produce harvested on the property
as well as produce obtained elsewhere. He said that the petition has been revi~
by various agencies in their areas of concern and recommended for approval with
the following stipulations:
1. A detailed site drainage plan to be submitted to and approved
by the County Engineering Department prior to issuance of a
building permit; and
2. That a prfvate central sewage system be put in prior to a
certificate of occupancy being issued.
Dr. Spagna stated that the Coastal Area Planning Commission, in its public
hearing held March 15. 1979, voted to forward the petition to the Board with a
recommendation of approval.
Mr. Thomas Peek, of Wilson, Miller, Barton, Soll & Peek. Inc.. representing
the petitioners. elaborated further on the proposed use of the property, after
rezoning. and stated the reasons why the proposed zoning category is the only
category which would permit the usages outlined.
Discussion followed concerning the necessity for such "heavy" rezoning in
the "A" district and the proliferation of "spot" zoning with Dr. Spagna explaininl
further his reasons for recommending approval of the subject petition and previou~
requests. He agreed that care must be taken when permitting .spot" zoning unless
there are exceptional circumstances involved.
April 3, 1979
Noting the existence of areas of "C-I" zoning in the subject area.
Commissioner Wimer questioned ~y this'was permitted and voiced concern over
permitting such zoning in the "A" district.
Mr. Peek advised the Board that the CAPC voiced the same concerns as are
being expressed by the Commissioners during its review of the petition. It
was his suggestion that if it is the Board's desire to modify the "A" zoning
district to accommodate the usage of the land as is being proposed, that the
public hearing be continued rather than to deny the petition which would be
a hardship on the petitioners.
There were no persons registered to address the matter. whereupon Commissione
Wenzel moved. that the publiC hearing be closed. The motion was seconded by
Commissioner Pistor and unanimously carried 5/0.
Commissioner Wenzel moved that Petition R-78.37C be denied. The motioned
died for lack of a second.
Commissioner Pistor moved that a further investigation be made with regard
to a zoning tlass~fication for the stated purposes which would not ~e as "broadft
as tiC_I". The motion died for lack of a second.
Commissioner Wenzel moved that the subject petition be denied. waiving
the mandatory one-year requirement to resubmit a rezoning petition until such time
as a satisfactory zoning category can be prepared. The motion was seconded by
Commissioner Wimer.
It was Commissioner Archer's suggestion that the public hearing be reopened
and continued until such time as staff can consider I separate zoning category and
which would not open up the total "A" zoning to commerical and industrial zoning.
Commissioner Wenzel withdrew his motion and Commissioner Wimer his seconding
thereof.
County Attorney Pickworth advised against waiving the terms of the ordinance,
as was suggested. and said that continuing the public hearing until such time as
Dr. Spagna can formulate possible alternatives before a final decision is made
would be the approach to take.
Commissioner Wenzel moved that the publiC hearing be reopened and continued
until a future date. The motion was seconded by Commissioner Archer and carried
unanimously 5/0.
~nol( 048 PAr.f 92
BOOK U46 rAGE 93
Aprl1 3, 1979
Commissioner Wimer moved that the petition be tabled and the staff be
instructed to review the "A" zoni 9 category for poss1bl. accommodation of the
usage of the property as outlined, and that the matter be discussed in Workshop
Session prior to Board action. The motion was seconded by Commissioner Wenzel.
Mr. Earl Johnson, CAPC member, voiced approval of the proposed action of
the Board. and noted that when the petition was reviewed by the CAPC there was
no other option available but to recommend approval.
The motion was carried unanimously 5/0.
Commissioner Wimer requested that the Chair direct Dr. Spagna to
investigate the "C_I" zoning in the subject area, advising the Board as to how
it "got there" and to bring his report back to the Board for possible action to
remove such zoning. There were no Objections.
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RECESS: 10:18 A.M. until 10:28 A.M.
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ORDINANCE 79-21 RE PETITION R-79-5C, LLOYD SHEEHAN. REQUESTING REZONING FROM "GC"
TO "RS-3GH" FOR PROPERTY LOCATED IN SECTION 14, T48S, R25E - ADOPTED (IMPERIAL
GOLF ESTATES
legal notice having been published in the Naples Daily News on March 1. 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-79-5C by Lloyd
Sheehan requesting rezoning from "GC" Gol' Course to "RS-3GH" Residential Single-
Family and Group Housing for property located in the S~ of Section 14, Township
48 South. Range 25 East, further described as being located at the southwest
corner of Imperial Golf Estates.
Community Development Administrator Neno Spagna pOinted out the subject propert
as being that property shown in orange on the map of the area displayed. He said
that when the area was originally zoned for "Ge". the legal description included a
small portion of property which was not intended to be a part of the golf course
development. The proposed ordinance, said Dr. Spagna, corrects the error by return-
ing the subject property back to "RS-3GH". He noted that Mr. William Dahnke.
representing the petitioner. was in attendance to respond to questions from the Boar
if any.
Aprl1 3. 1979
There were no persons registered to address the matter, whereupon
Commissioner Wenzel moved, seconued by Commissioner Pistor and una~imously
carried 5/0, that the public hearing be closed.
Commissioner Pistor moved that Ordinance 79-21, as entitled below, re
Petition R-79-5C by Lloyd Sheehan requesting rezoning from "GC" to "RS-3GH" for
property located in Section 14, Township 48 South, Range 25 East, to correct an
error made in the legal description when the subject property was previously zoned
by Mr. James Murphy, be adopted and entered into Ordinance Book No.9. The motion
was seconded by Commissioner Wenzel and carried unanimously 5/0.
ORDINANCE 79 - ...2.1-
AN ORDINANCB AMENDING ORDINANCB 75-30 THE
COMPREHENSIVE ZONING REGULATIONS FOR THE
UNINCORPORATED AREA OF THB COASTAL AREA
PLANNING DISTRICT BY AMENDING THB ZONING
ATLAS MAP NUMBBR 48-25-6 BY REZONING THE
FOLLOWING DESCRIBED PROPERTY FROM "GC"
GOLF COURSB '1'0 wRS-3GHw RESlm3NTIAL
SINGLE FAMILY GROUP HOOSING. SOOTH 477.56
FBB'l' OF THB WEST 310 PBB'l' OF THB BAST 1/2
OF THB Slf 1/4 OF SECTION 14, TOWNSHIP 48S,
RANGE 25B, COLLIER COUNTY, PLOlUDA walCH
IS LOCA'1'BD AT THB SW CORNER OF IMPBRIAL
GOLF ESTA'1'BS AND BY PROVIDING AN BFFECTIVE
DATE. . .
PETITION SMP-79-1C, GATH, INC., REQUESTING SUBDIVISION MASTER PLAN {REVISED) APPROV
FOR PROPERTY KNOWN AS "TALL PINES" LOCATED IN SECTION 12, T49S. R25E - HASTER PLAN
APPROVED WITH STIPULATIONS OF SUBDIVISION COMMITTEE. THE REDUCTION FROM 117 LOTS TO
100 LOTS. AND THE ADDITIONAL STIPULATION THAT TURNING LANES BE INSTALLED AT THE
START OF CONSTRUCTION
Legal notice having been publiShed in the Naples Daily News on March 18, 1979
as evidenced by Affidavit of Publication filed with the Clerk. public hearing was
opened to consider Petition SHP-79-1C by Gath. Inc., requesting Subdivision Master
Plan (revised) approval for property known as Tall Pines and located in Section 12.
Township 49 South, Range 25 East, further described as being just north of the
Barron Collier High School entrance.
800KO '046 rACE 94
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Aprl1 3, 1979
Co~unity Development Administ.rator Neno Spagna explained that the Tall
Pines Subdivision was previously approved by the Board under an entirely different
configuration. Since there were some objections to the first layout, Dr. Spagna
stated that the developers have completely redone the Plan which is the Plan being
presented for approval. He pointed out that two tiers of lots on Airport Road
are not included as part of the Subdivision at this time due to whether or not it
was felt that the petitioner must reduce the number of lots to 100 to comply with
Ch.:lpter 100-6 of the Ilealth Code.
Or. Spagna stated that the Subdivision Committee met on February 7, 1979 and
recommended approval of the Plan subject to the following conditions:
1. Grant an exception of the Subdivision Regulations to permit a
length of 1400 feet for Cypress Hollow Way instead of tha maximum
length of 1000 feet as required in Article XI, Section 17, Paragraph
H of the Subdivision Regulations.
2. Require the construction of a five-foot bikepath on local streets
instead of a four-foot sidewalk.
3. In~tallation of fire hydrants in accordance with the Subdivision
Regulations.
4. A variance for the ROW cross sections agreed to by the petitioner
and County Engineer prior to final plat approval.
5. Sidewalks be provided on both sides of the entrance located at
Airport Road.
6. A 1S-foot easement shall be located along the entire west side of
the property line immediately east of the canal.
As a result of the public hearing by the Coastal Area Planning Commission on
March 15. 1979. Dr. Spagna reported that a recommendation of approval was forth-
coming. subject to the stipulations of the Subdivision Committee. and with the
further stipulation that the number of lots be reduced from 117 to 100 lots.
Olscusstorl rollowed wlLh Conmtssioner Wimer urging that turning lands be
installed when construction is started rather than waiting until SO% of the develop-
ment is purchased, as was suggested when the original Master Plan was submitted.
It was Commissioner Archer's suggestion that the turning lanes could be constructed
not to full County specifications since they will undoubtedly be torn up when
Airport Road is four-laned in that area. Hr. Kris Dane of Coastal Engineering
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Consultant. Inc., representing the petitioner. stated that he would work with the
Engineering Department in this regard.
April 3, 1979
There were no persons register ld to speak, whereupon Commissioner Wimer
moved. seconded by Commissioner Pistor and unanimously carried 5/0, that the
public hearing be closed.
Commissioner Wimer moved for approval of Petition SMP-79-1C by Gath, Inc.,
requesting Subdivision Master Plan Approval for property known as Tall Pines,
subject to the stipulations of the Subdivision Committee and the CAPC and the
additional stipulation that turning lanes be installed at the time construction
is started. The motion was seconded by Commissioner P1stor and unanimously
carried 5/0.
PETITION V-78-24C, DUDLEY GOODLETTE, REPRESENTING MICHAEL MICELLI, REQUESTING
WAIVER OF 3-ACRE REQUIREMENT FOR "GH" ZONING DISTRICT FOR LOTS 1-6, RLOCK G,
UNIT 2. CONNOR'S VANDERBILT BEACH ESTATES - PUBLIC HEARING DEFERRED 90 DAYS
AT REQUEST OF PETITIONER
legal notice having been published in the Naples Dafly News on March 18, 1979
as evidenced by Affidavit of Publication filed with the Clerk, public hearing was
opened to consider Petition t-78-24C by Dudley Goodlette, representing Michael
Micelli. requesting waiver of the 3-acre requirement for "GH" Zoning District for
Lots 1-6. Block G. Unit 2, Connor's Vanderbilt Beach Estates.
At the request of Attorney Goodlette, on behalf of the petitioner, the Chair
directed that the public hearing be deferred for ninety days.
REQUEST BY AMERICAN AMBULANCE SERVICE FOR EXTENSION TO APRIL 17, 1979 FOR
PRESENTATION OF "OPINION AUDIT" - GRANTED
Following brief explanation by County Manager C. William Nonman, Commissioner
Archer moved, seconded by Commissioner Pistor and unanimously carrfed 5/0, that the
request by American Ambulance, Inc., dated March 23, 1979. for an extension until
April 17, 1979 for submittal of the Opinion Audit, in compliance with the firm's
contract with the County, be granted.
RATE SCHEDULE FOR ADVANCED LIFE SUPPORT SERVICES RE AMERICAN AMBULANCE SERVICE _
APPROVED FOR CURRENT FISCAL YEAR - NOT TO EXTEND BEYOND SEPTEMBER 30, 1979; RATES
TO BE RECONSIDERED DURING FY 79-80 BUDGET HEARINGS
County Manager C. William Norman reported to the Board that. in response to
his request dated March 6. 1979, a schedule of Advanced Lffe Support Rates has
been recieved from Jack Maguire, President of American Ambulance Service under date
Mn'( 04 S PAr.f: QR
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April 3, 1979
of March 26, 1979, copies of which were included in the agenda material
furnished to the Board. Mr. Norman said that in reViewing the rate schedule,
and in recent conversations with Mr. Maguire, he is not sur. that the rates
being charged for the ALS Program are going to equate to the amounts bUdgeted
and approved by the Board for this service; however, it is Mr. Maguire's
reaction that there are still so many unknowns involved regarding the number of
cases being dealt with and the number of times the new rates would be applied,
that he is unable to provide more definitive calculations.
Commissioner Pistor expressed concern that the costs involved in provfding
the service may exceed the rates being charged and motioned that the rate schedule
be approved for the current ffscal year, not to extend beyond September 30, 1979,
and that the rates be reconsidered during the budget hearings for th~ 1979-80
fiscal year. The motion was seconded by Commissfoner Wenzel.
Fiscal Officer Harold Hall advised that as of the close of business March 30.
1979. the computer printout shows that 48-49% of the total year's budget has been
expended which he said means that "we are runnfng just about the way we thought
we would based on the rates and expenditures without ALSIl. He further stated that
it is important that the ALS rates reflect the increased costs; otherwise there
will be a shortage at the end of the fiscal year.
Upon call for the question, the motion carrfed unanimously 5/0.
PETITION V-79-4C, JAMES H. TOPPING, REQUESTING WAIVER OF 13,000 SQUARE FOOT
REQUIREMENT TO PERMIT CONSTRUCTION OF DUPLEX ON LOT 20 AND PART OF LOT 19, BLOCK
18. NAPLES TWIN LAKES FIRST ADDITION - ADVERTISING AUTHORIZED FOR PUBLIC HEARING
APRI.L 24. 1979
Commissioner Wenzel moved, seconded by Commissioner Pistor and carried
unanimously 5/0. that Petition V-79-4C by James H. Topping. requesting waiver of
the 13.000 square foot requirement to permit the construction of a duplex on Lot
20. and part of Lot 19. Block 18. Naples Twin Lakes First Addition, be advertised
for public hearing April 24, 1979.
APPEAL BY JOSEPH GRIMM FROM DECISION OF BUILDING BOARD OF ADJUSTMENTS AND APPEALS
RE ELECTRIC GROUNDING ROD - APPELLANT GRANTED PERMISSION TO USE TEMPORARY ROD FOR
PERIOD NOT TO EXCEED ONE YEAR; PERTINENT ORDINANCE TO BE AMENDED TO REDEFINE USE
OF liRE-BARil
BUilding Director Ray Dulaney explained that Mr. Joseph Grimm is appearing
before the Board to appeal a dec1sfon of the BUilding Board of Adjustments and
Aprfl 3, 1979
A~peals. made March 7, 1979, which ruled against the appellant's contention that
a steel reinforcing rod connected to an electrical service ground connection by
means of an automobile battery clamp was a proper ground under the Collier County
Electrical Code. Ordinance 77-54. He said that the decision by the subject Board
upheld a previous decision by Mr. Eugene Blassberg, Chief Electrical Inspector
for the County.
Mr. Blassberg read the pertinent sections of The National Electric Code,
which has been incorporated by reference into the ordinance, and upon which he
based his decision. as follows: Section 150-82 (a), Section 250-83 (a), Section
250-84. Section 250-115. and Section 110-2. He explained in detail what, in his
opinion. were violations of the Code and the reasons why lessening the requirements
would be hazardous. as well as being unfair and discriminatory.
Mr. Grimm prefaced his comments by stating that he is an architect and currentl
holding a building permit to construct a residence in Golden Gate Estates and that
the ground rod under discussion is temporary for use while the house is being
constructed. He addressed himself to the various sections of the Code read by Mr.
Blassberg. as well as pointing out the available options provided, anyone of which
he said meets the requirements of the Code. He suggested that the prOblem is in
the interpretation of the Code as it applies to the County.
Mr. Alex Garland. member of the BUilding Board of Adjustments and Appeals. read
a short statement detailing the reasons why. for safety purposes. the present
methods of installing rods and the material used should not be changed.
Mr. Robert Towle. also a member of the Building Board of Adjustments and Appeal~
concurred with Mr. Garland's statements. adding that the reinforcing rod used is
highly corrosive. particularly in this area. He said that the County has an
excellent safety record as far as the type of materials penmitted to be used and
the restrictions should not be lessened.
lengthy deliberation followed as to whther or not Mr. Grimm's interpretation
of the Code is correct regarding the use of a reinforcing rod and. if so. whether
or not the Code and/or Ordinance should be changed in this regard.
~OOK ':048 P^C; S8
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BOOK 048 '^CE 99,'
A~~~~ 3. 1979
Commissioner Wenzel moved that the appellant be pennftted to use the
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temporary rod up to a period of one year and that the ordinance be clarified
to redefine the use of "re-bar" in the future. The motion was seconded by
Commissioner Brown and unanimously carried 5/0.
CHAIRMAN AUTHORIZED TO SIGN COOPERATIVE AGREEMENTS WITH USGS FOR WATER RESOURCES
INVESTIGATION AND WATER QUALITY MONITORING AT THE NAPLES LANDFILL AND THE It+IOKALEE
LANDFILL
Commissioner Wenzel moved, seconded by Commissioner Wimer and carried
unanimously 5/0, that the Chairman be authorized to sign Cooperative Agreements
with the Geological Survey, United States Department of the Interior (USGS) for
water resources investigation and water quality monitoring at the Naples Landfill
and at the Immokalee Landfill, as recommended by County staff.
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Aprfl '3, 1979
BOARD AUTHORIZES ADDITION OF TWO BUILDING INSPECTORS, ONE PLANS INSPECTOR,
THREE VEHICLES. AND NEW COMMUNlr'TIOH SYSTEM TO THE BUILDING DEPARTMENT
Assistant County Manager Richard Woodruff referred to the Executive Summary
prepared by him, dated March 29, 1979, which he said explains in detail the reason
why it is being recommended that additional inspection personnel and equipment be
added to the Building Department. Mr. Woodruff advised that approximately
$700,000 in Building Department fees was anticipated for the current fiscal year;
however, in the first six months approximately 78S of that total has been collecte
It is now projected that the actual revenues collected will exceed the amount
anticipated by over $300,000, if the present building conditions continue, he
said, which will offset the additional expenses involved in hiring new personnel
and purchase of equipment. As explained by Mr. Woodruff. the permit fees are
designed to pay for the cost of inspections and the applicant has a right to
expect good and responsive inspection services which is not always possible. at
the present time. due to the tremendous workload and volume.
Mr. Wocdruff reconmerlded that the Board approve the proposal, .tIS follows:
1. Authorize the addition of two field inspectors and one plans
inspector to the budgeted staff of the BUilding Department
and authorize their hiring.
2. Approve the job description for a plans inspector and authorize
its addition to the classification plan.
3. Authorize the staff to proceed with specifications and bids for
the acquisition of additional office furniture and thr&e additional
inspection vehicles with radios.
4. Authorize the staff to proceed ~th specifications and bids for
the acquisition of a new base station, antenna, two remote desk
units, and the conversion of 18 mobile units to a second frequency.
5. Authorize the necessary budget amendments from the contingency fund
to the Building budget to cover the above expenses.
Hr. Woodruff advised that the total cost to implement the recommendations is
approximately $46,000 maximum.
It was noted for the record that Messrs. Robert C. Utter and William Schreck.
representing the Contractors Association of Collier County, were in attendance for
the purpose of supporting the expansion of the BUilding Department.
Commissioner Archer moved to accept the recommendations outlined above and to
authorize the implementation of the five items detailed. Commissioner Wimer secon, the motion which carrfed by unanimous vote 5/0.
&~OK . 046 P~CE 102
I ,.1 l -,
BOOk Q48 FACt loa I
Aprl1 3, 1979
COUNTY ENGINEER REPORTS ON FOOT F'VE-YEAR CONSTRUCTION PLAN FOR PERIOD JULY 1,
1979 THROUGH JUNE 30. 1984
County Engineer Clifford Barksdale reported that there have been several
changes in the State of Florida Department of Transportation Five-year Construction
Plan since the Plan was prevously reviewed in January of the current year. He
noted that copies were made available to the Board and that the FOOT has asked
the County to review the Plan and offer comments prior to April 6, 1979.
Mr. Barksdale reviewed briefly the changes which were made since the previous
presentation and noted that Messrs. Chandler, White and Gallachi, Florida DOT, were
in attendance to respond to any questions the Commissioners might have with regard
to the Plan.
Brief discussion followed with regard to the projected timetable for completiol
of certain segments of the Plan, Federal funding possibilities, and the like.
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RECESS: 12:05 ~.M. until 1:30 P.M. at which time Deputy Clerk
Brenneman was replaced by Deputy Clerk Pantano.
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RESOLUTION 79-45 AUTHORIZING COMMUNITY DEVELOPMENT ADMINISTRATOR TO SUBMIT AN
APPLICATION TO THE U.S. DEPARTMENT OF TRANSPORTATION (THROUGH STATE DOT) FOR
FUNDING ASSISTANCE FOR POSSIBLE IMPLEMENTATION OF A PUBLIC TRANSIT SYSTEM - ADOPTED
Dr. Neno Spagna. Director of Community Development, explained that the State
DOT has suggested that the County apply for federal funds to assist them in the evel
the Board determines to establish and operate a public transit system. He stated
that the Board is required to adopt a "resolution of intent" to be ffled with the
federal agency (through the State OOT) authorizing the preparation of the applicatic
for funding assistance. Dr. Spagna stressed the fact that this resolution in no
way obligates the County to implement the public trans1~ system; it merely
indicates the County's interest and increases its chances of obtaining a grant.
Mr. Bill Walsh, Department of Transportat1on,'explained that under a new
program. the federal grants will pay 80S purchase and capital equipment costs as
well as administrative costs and 50S of all operating deficits; and, further. the
remaining capital costs would be shared equally by the State and the County with
the County being responsible for the remaining operating costs.
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April 3, 1979
~ ~ i" { ',o',"
Commissioner Pistor stated I,d is in favor of implementing the transit
system noting it will be helpful if there is a gas shortage.
Commissioner Pistor moved, seconded by Commissioner Archer, that Resolution
79-45 authorizing the Community Development Administrator to submit an application
to the U.S. Department of Transportation for funding assistance for a proposed
public transit system.
Mr. Walsh, in response to Commissioner Wimer, stated that the County's cost,
based on a preliminary analysis, for a "fixed route" system would be approximately
$90.000 per year. He noted that there are ways to reduce the cost of a "fixed
route" system and he could work this out with the Board if so desired.
In response to Commissioner Pistor. Mr. Walsh stated that the federal funding.
if granted, will be available for at least four years at which time the Department
of Transporation will most likely enact legislation which will continue with the
poliCY of funding as it is now.
County Manager Norman stated that the staff will provide more detailed
information to the Board with regards to the costs of the system before a pre-
application is filed. He also expressed concern over the source of funding on the
County's part.
Upon call for the question on the motion it carried 4/1 with Commissioner
Wimer dissenting.
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BOOK 048 PACE 1D7
. 4 j~
Aprfl 3, 1979
RESOLUTION 79-46 RESCINDING RESOLUTIO'1 79-25 BY CORRECTING THE LEGAL
DESC~IPTION REGARDING DRAINAGE EASEMENT FOR MARCO BEACH UNIT 11 . ADOPTED
County Engineer Clifford Barksdale explained that when the original legal
description was written for the vacation of an easement in Marco Beach Unit 11
there was an error in said description whfch has since been corrected and
requested the Board approve the revised resolution providfng the corrected
description.
Commissioner Archer moved, seconded by Commfssfoner Pistor and carrfed
unanfmously 510, that Resolutfon 79-46 resc1ndfng Resolution 79-25 correctfng
the legal descrfpt10n regardfng the drainage easement for Marco Beach Unit 11
be adopted.
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April 3, 1979
AMENDMENT TO EMPLOYEE HEALTH CARE PROGRAM PROVIDING MATERNITY COVERAGE FOR
COUNTY EMPLOrEES - APPROVED AS PRESENTED
Assistant County Manager Richard Woodruff noted that presently the Sheriff'
Department employee health coverage provides for maternity benefits but none of
the other constitutional officers provides the same for their employees. He
stated that Congress Public Law 95-555 clearly mandates that coverage for employ
and dependant spouse pregnancies shall be treated the same as any other illness
covered by an employer's fringe benefit plan~ said coverage mandated for employe
of 15 or more persons. He briefly presented the proposed uniform rates as compa
to present rates for maternity coverage Ind noted that sufficient funds are
available and no transfer of funds within departments is necessary.
Commissioner Wimer moved. seconded by Commissioner Pistor dnd carried
unanimously 5/0. that the Board authorize an amendment to the Employee Health Ca
Program whereby maternity will be covered as for any other illness and the staff
be authorized to advise Gulf Group Services Corp. of the change and to enter
into an agreement for new rates of coverage as follows: Single Employees _
$27.73 -- Family Coverage - $75.18.
SECTIONS 15 AND 11 OF THE PERSONNEL PRACTICES & POLICIES MANUAL RE NEW REGULATIOI
GOVERNING THE ACCRUAL AND USE OF SICK AND ANNUAL LEAVE - ADOPTED
Assistant County Manager Richard Woodruff explained that he is proposing nel
regulations of the Personnel Practices & Policies Manual which will result in
uniform accrual of sick and annual leave for III County employees by utilizing a
new computerized payroll system which will simplify and standardize the method of
accrual. He stressed the proposed regulations will not expand or reduce the empl
b!nefits. Hr. Woodruff further explained that the proposed Section 15 of the
Manual will increase the maximum number of hours from 720 to 960 hours sick leave
which is a nationally accepted figure. in order to provide incentive for those
employees who are at the maximum 720 hour level to continue their employment and
attendance record. With regard to the proposed Section 11, Hr. Woodruff stated
the proposed schedule of accrual merely clarifies the method of calculating annul leave.
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'Aprfl 3, 1979
Commissioner Archer moved. seconded by Commissioner Wimer and carried
un~nimously 5/0, that the Boa,'d adopt the proposed Section 15 governing sick
and disability leave and authorize its implementation with the new payroll
system as presented by the Assistant County Manager.
Commissioner Archer moved, seconded by Commissioner Wimer and carried
unanimously 5/0, that the Board adopt the proposed Section 11 of the Personnel
Practices' Policies with regard to accrual of annual leave and authorize its
implementation with the new payroll system as presented by the Assistant
County Manager.
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eOOK 046 rACE 110
Aprtl 3. 1979
RESOLUTION 79-47 RE PETITION PU. ?8.23-C BY MR. AND MRS. CHARLES FAlCO REQUESTING
PROVISIONAL USE (3) OF THE ESTA1ES DISTRICT FOR AN ELEMENTARY AND BOARDING SCHOOL
ON TRACT 131, UNIT 12, GOLDEN GATE ESTATES -- ADOPTED WITH STIPULATION THAT ALL
COUNTY FIRE CODE REQUIREMENTS ARE MET AND APPROVED BY COUNTY MANAGER
Dr. Neno Spagna, Director of Community Development, stated the petitioner is
requesting a Provisional Use (3) of the Estates District to provide a boarding
school on the property. He noted the petition has been reviewed by County agencie
and approved in their areas of concern; however, there was Objection by the Divisi
of Forestry with respect to response for fire, but since that time the Golden Gate
Fire Department has reviewed the petition for compliance ~th the Fire Code and
they have sent a statement indicating they will respond to a fire in this area
along with the Forestry Department. Dr. Spagna further stated the CApe had
recommended denial of this petition due to the fact that the location is not
properly developed for a school regarding fire response.
County Manager Nonman explained that he has reviewed this matter with the
appropriate fire offi:als and it has been deten.iiled that certain Fire Code requ~r.
ments for schools must be met such as installation of fire alanms and provisions
for quick evacuations and the like, in order to reduce the risk of loss of life
or property due to the location of the property from the fire department.
Regarding Commissioner Pistor's concern, Mr. Norman explained that Golden
Gate Fire Department does have backup equipment and units in the event another
fire would break out while they were on call at the boarding school which is
approximately 10 miles from the station.
Mrs. Don Bisbee, President of Golden Gate Estates Civic Association, expressel
concern over the aspect of fire control, the credentials of the persons working
the establishment as well as the curriculum, and the like. She noted there are
already private schools in the area and that many of the private homeowners in the
Golden Gate Estates area are Objecting to the boarding school being located on
Wilson Boulevard.
Ms. Birney Miller. resident of Golden Gate, also expressed her objections to
the petition with respect to the lack of information provided on the transportatio~
aspect and also whether or not this school is eligible for tax exemption.
&OOK 046 PACE118
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April 3, 1979
Mr. Earl Johnson, member of the CApe, expressed his objection to the
petition in that the nearest water supply that the Fir. Department would be
able to use is a canal approxfmately 1/2 mile from the site of this project.
Mr. and Mrs. Charles Falco, petitioners, were present to answer questfons
from the Board. In response to Commissioner Archer. Mr. Falco stated he has
been teaChing Industrial Arts over the past few years and that Mrs. Falco
is presently working on her second degree in Elementary Education. He further
stated that the staff that will be provided for the school wfll be certified
teachers for grades K-8 only. Mr. Falco commented that it is a profit-making
organization, therefore ineligible for tax exemptions.
Commissioner Archer expressed concern over the pr~posed location of the
school but commented that a private school of this type is needed in Collier
County.
Mr. Falco responded to Commissioner Pistor in that the building will be
one-story. He also stated there is a possibility he will construct either a pond
or small lake to be utilized in case of firQ. Mr. Falco pointed out that the
evacuation plan he has developed requires only 6-7 seconds to evacuate the entire
bUilding.
Commissioner Wimer moved. seconded by Commissioner Wenzel, that Resolution
79-47 re Petition PU~78-23-C requesting Provisional Use (3) of the "E" Estates
District for an elementary and boarding school on Tract 131, Unit 12, Golden
Gkte Estates with the stipulation that adequa~. fire protection be provided to
the satisfaction of the County Manager, be adopted. The motion carried 3/2 with
Commissioners Pistor and Archp.r dissenting.
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April 3. 1979
PETITION A-79-2-C, WALOON L. SUNDSTROM APPEALING ZONING DIRECTOR'S INTER-
PRETATION OF ZONING ORDINANCE 76-30 REGARDING SEPTIC TANKS · DEFERRED TWO
WEEKS AT THE REOUEST OF PETITIONER'S ATTORNEY
Chainman Brown noted that Petition A-79-2-C by Waldon L. Sundstrom appealing
the Zoning Director's interpretation of the Zoning Ordinance regarding septic
tanks has been deferred for two weeks at the request of the attorney for the
petitioner.
CHAIRMAN AUTHORIZED TO SIGN COOPERATIVE AGREEMENTS WITH THE U.S. GEOLOGICAL
SURVEY IN CONNECTION WITH WATER RESOURCE INVESTIGATIONS
Commissioner Archer moved, seconded by Commissioner Wenzel and carried
unanimously 5/0, that the Chainman be authorized to lign Cooperative Agreements
with the U.S. Geological Survey in connection with water resource investigations
for both the overall County area and the Golden Gate Estates area.
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Aprft 3, 1979
BOARD AUTHORIZES EXPENDITURE OF UP TO $76.00 FOR THE RECORDING OF LEGAL
DOCUMENTS RELATED TO EASEHENT~ FOR THE INSTALLATION OF WATER/SEWER IMPROVEMENTS
IN WILLOUGHBY ACRES AREA; BOARD AUTHORIZES ACCEPTANCE OF SAID EASEMENTS
Per the recommendation of the Utility Director, Commissioner Archer moved,
seconded by Commissioner Wimer and carried unanimously 5/0, that the Board
authorize the expenditure of up to $75.00 for the recording of legal documents
related to easements for the installation of waterlsewer improvements in the
Willoughby Acres area and that the Board authorize the acceptance of said
casements.
BOARD AUTHORIZES EXPENDITURE OF UP TO $200 FOR RECORDING OF LEGAL DOCUMENTS
RELATED TO EASEMENTS FOR INSTALLATION OF SEWER FACILITIES IN THE MARCO SEWER
PHASE I PROJECT; BOARD AUTHORIZES ACCEPTANCE OF SAID EASEMENTS
Commissioner Wimer moved, seconded by Commissioner Archer aild carried
unanimously 510, that the Board authorize the expenditure of up to $200 for
the recording of legal documents related to easements for the installation
of sewer facilities in the Marco Sewer Phase I project and that the Board also
authorize the acceptance of said easements.
ROUTINE BILLS - APPROVED FOR PAYMENT
FOllowing Fiscal Officer Harold Hall's statement that the bills being
presented have been processed following established procedures and that funds
are available. Commissioner Pistor moved, seconded by Commissioner Wimer and
carried unanimously 5/0, that the bills be approved for payment as witnessed
by the following warrants issued from March 28, 1979 throu~h April 3, 1979:
FUND
County Warrants
acc Payroll
Road & Bridge 12
Interest & Sinking
Water Management
Sewer District "A" Assessments
Municipal Service Taxing District
Capital Improvement Revenue Cert.
WARRANT NOS.
05490 - 05680
5859Z - 5~OZO
15
9
9
6
10
1 & 2
BUDGET AMENDMENT 79-70 TRANSFERRING FUNDS FOR PURCHASE OF MOTOR VEHICLE -
ADOPTED IN THE AMOUNT OF $2.235
Commissioner Archer moved, seconded by Commissioner P1stor and carried
unanimously 5/0, that Budget Amendment 79-70 transferring funds for the purchase
of a motor vehicle as prevously approved by the Board be adopted in the amount of
$2,235.00~
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April 3. 1979
".'~}I,'~""..','J" "
BUDGET AMENDMENT 79-71 TRANSFERRINr, FUNDS FOR RENOVATXONOF PUBLIC DEFENDER'S
OFFICE - ADOPTED IN THE AMOUNT Of t475.00 ",
Commissioner Archer moved, seconded by Commissioner Pistor and carried
unanimously 5/0, that Budget Amendment 70-71 transferring funds to cover cost
of renovation of Public Defender's office by George A. Kraft & Co., as
previously approved by the Board be adopted in the amount of $475,00.
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Aprfl 3, 1979
BUDGET AMENDMENT 79-72 TRMISFERRWG FUNDS FOR BUDGET FOR NEW CETA
ADMINISTRATION CONTRACT - ADOP~,D r~ THE'AMOU~ OF $149.359
Commissioner Archer moved, seconded by Commfssioner Pfstor and carried
unanimously 510, that Budget Amendment 19-72 transferring funds for lfne
item budget for new CETA Administration Contract as previously approved by the
Board be adopted in the amount of $149,359,
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CHAIRMAN AUTHORIZED TO SIGN AP~LICATION TO DER FOR RENEWAL OF EXISTING PERMIT
TO OPERATE DOMESTIC/INDUSTRIAL wASTEWATER TREATMENT AND DISPOSAL SYSTEMS FOR
THE IrMlKALEE HEALTH CARE CENTER AND THE IMMOKALEE STOCkADE
Per the Administrative Aide~s recommendation. Commissioner Wimer moved,
seconded by Commissioner Pistor and carried unanimously 5/0. that the Chairman
be authorized to sign an application to DER for the renewal of an existing permi
to operate domestic/industrial Wastewater Treatment end Disposal Systems for the
Immokalee Health Care Center and the Immokalee Stockade.
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800K 046 rACE1-32.
aOOK D48 PACE135 AprU,~. .1979 .
., .)~~t.1r:,){,~.;\k\i': "
CHAIRMAN AUTHORIZED TO SIGN AGREEMENT WITH DOT REGARDING -THE INSTALLATION OF
A TRAFFIC SIGNAL AT THE INTERSECTIOM OF U.S. 41 AND VANDERBILT BEACH ROAD
. '\,' ~( ~<,-~, ~.'" \;A
County Engineer Clifford Barksdale explained that th.'proposed agreeement with
" :, " ;c"'41!t:~I~j(fi~kc,.. I
DOT is one that incorporates "minor changes" in the 'previous agreement made between
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the Board and DOT.
Commissioner Pistor moved, seconded by Commissioner Archer and carried
unanimously 5/0, that the Chairman be authorized to sign an Agreement with DOT
regarding the installation of a traffic signal at the intersection of U.S. 41
and Vanderbilt Beach Road which corrects an existing Agreement previously approved
by the Board.
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DOOK 046 PACE 139
CHAIRMAN AUTHORIZED TO SIGN CERTIFICATE FOR CORRECTION TO THE 1978 TAX ROLL
Commissioner Wenzel movel., seconded by Comnissioner P1stor and carried
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unanimously 5/0, that the following Certificate for Correction on the 1978
Tax R011 be approved and that the Chairman be authorized to Sign same:
NO.
46 - 1978
MIIQ.
March 28, 1979
CHAIRMAN AUTHORIZED TO SIGN DEED CONCERNING CERTAIN EXCHANGE OF EASEMENTS
PURSUANT TO CONSTRUCTION PROJECT BETWEEN THE COUNTY AND VANDERBILT SURF
~OLONY
Commissioner Wimer moved, seconded by Commissioner Wenzel and carried
unanimously 5/0, that the Chairman be authorized to sign two deeds concerning
a certain exchange of easements pursuant to the construction project between
the County and Vanderbilt Surf Colony.
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."t:',,":T~i.\A\~l~~~[~';;;" .
CHAIRMAN AUHTORIZEO TO SIGN ACCEPTANCE OF GRANT 79.~D.09.FFOl AND 79-AO-09-FF02
REGARDING THE YOUTH GUIDANCE VOLUN7,ER PR~GRAM '
" " "<,..,:.:,~t..\,:~~~::
Commissioner Pistor moved, seconded by cOmmissioner Archer and carried
;. """ 'oj
unanimously 5/0, that th~ Chainman be authorized to sign acceptances of Grant
Nos. 79-JD-09-FFDl and 79-AD-09-FF02 regarding the Youth Guidance Volunteer
Program.
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BOOK 046 PACE14f
BOOK 04B PACE 146'
Aprfl 3, 1919
STAFF AUTHORIZED TO BEGIN CONSTRUCTION PLANNING FOR ADDITIONAL BIKEPATHS
,WITHIN TWO-MILE RADIUS OF NAPLE. PARK AND SEAGATE ELEMENTARY SCHOOLS
Administrative Aide to the Board Mary Morgan referred to a memo from
Commissioner Wimer dated 3/30179 requesting that the Board consider planning
for additional bikepaths in the areas with the most critical need - access to
elementary schools within a two-mile radius; specifically, along West Boulevard
and access points to the Naples Park and Seagate Elementary schools.
Commissioner Pistor commented he is in favor of more bikepaths throughout
the County. however, he feels that the Board should wait and take into consideratic
a report that is presently being drafted by the Planning Department on the same
subject.
County Manager Nonman stated there are funds speCifically bu~geted in the
$5 million Bond Issue for the construction of bikepaths and that currently he
is working with the Planning Department and Engineering Department to develop
Itpriorities".
Commissioner Wimer moved, seconded by Commissioner Wenzel and carried
unanimously 5/0, that the staff be authorized to proceed with construction p1ans
for additional bikepaths within a two-mile radius of Naples Park and Seagate
Elementary schools as well as provide a financing method for the project.
lETTER DATED 3/21/79 FR~~ EAC CHAIRMAN REQUESTING THAT EXCAVATION PEro~ITS BE
REVIEWED BY THEIR BOARD - HATTER DEFERRED UNTIL WORKSHOP SESSION
Administrative Aide to the Board Mary Morgan noted the receipt of a letter
dated 3/21/79 from T.H. Below, Chairman of the Environmental Advisory Council,
requesting the Board consider that excavation permits be reviewed by the EAC as
th~y fp~l th~t the proliferation of excavations will eaus@ cons1dpfAhlp
environmental change to the County.
The Chair directed this matter be deferred until the Workshop Session later
in the day when the Excavation Ordinance is reviewed.
REQUEST BY TAX COLLECTOR REGARDING INVESTMENT OF FUNDS - FISCAL OFFICER TO
PROVIDE INFORMATION NEXT WEEK
Administrative Aide to the Board Mary Morgan noted the receipt of a letter
dated 3/27/79 from the Tax Collector requesting that the Board consider the adoptior
". ~ ,"", ;-.",,;
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of an ordinance which would permit t"e continuance o,"inves"ting "surplus.
funds at the local level where the County may obtain all of the interest
,
earned rather than having to pay expenses incurred to the State for deposition
of same funds with the Government Surplus Funds Trust Fund.
Fiscal Officer Harold Hall stated he would like to further review this
matter and bring back a recommendation to the Board.
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April 3. 1979
VETERANS SERVICE OFFICER AUTHORIZED TO ATTEND REFRESHER COURSE AS MANDATED BY
DIVISION OF VETERANS AFfAIRS
Commissioner Archer moved, seconded by Commissioner Wimer, that the Veterans
Service Officer be authorized to attend a refresher course IS mandated by the
Division of Veterans Affairs, May 14-17, 1979 at Deltona Beach, Florida. The
motion carried 4/1 with Commissioner Wenzel dissentfng.
LAKE TRAFFORD MEMORIAL GARDENS DEED NO. 186 - ACCEPTED FOR RECORDATION
Pursuant to action of the Board January 10, 1978 wherein the Chairman was
authorized to sign various deeds to Lake Trafford Memorial Gardens cemetery lots
as the need arises, the following Deed No. 186 was recorded and filed for
the record.
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eOCK 04.8 PACE148
BOOK 048 PACE149
April 3, 1979
13. PSC Notice. filed fOI the record as follows:
Docket No. 7B0698-CCB: Trailways
Docket No. 781001-CCT: Allison Transfer Company requested and
was granted an indefinite postponement
of the 4/26/79 hearing
Docket No. 790213-Rule: Order proposing rule amendments to Part
V, Chapter 25-2, Fla. Administrative
Code relating to enforcement
14. Letter dated 3/28/79 from resident of Gulf Shore Blvd. requesting
the Board support the MY Home program.
15. Letter dated 3/23/79 from resident of Ven1c., Florida supporting the
MY Home facility and project; filed.
16. Petition received from certain property owners Objecting to a
street name change of Bluebill Ave. (Vanderbilt). filed. .
17. Copy of letter dated 3/29/79 from the County Manager to Mr. Maguire,
American Ambulance regarding the fact that certain it~~s will be
scheduled for BCC consideration on 4/3179; filed.
18. Letter dated 3/23/79 from resident of Immokalee regarding the
dredging of Wiggins Pass in that it would be in the best interest
of all County residents if the pass is not dredged; filed.
19. Copy of County ~~nager's comments to the Federal Trade Commission's
Sno~l Cause Order and Modified Consent Decree; filed.
20. Monthly reports received from the following departments:
(a) Homemakers Service of Collier County for request for payment of
funds beginning 5/1/79 and ending 5/31/79; filed.
(b) Building Dept. for dwelling units permitted through 2/28/79; filed.
21. Memo from Sister Cities International on various miscellaneous items. fi
PROPOSED SETTLEMENT AGREEMENT WITH DELTONA CONCERNING LAWSUIT REGARDING BUILDING
PERMIT FEES - APPROVED AS PRESENTED BY COUNTY ATTORNEY
County Attorney Pickworth stated that presently Deltona and the County are
involved in dispute over building permit fees in the approximate amount of
$31,000 of expenses incurred by the County for services performed prior to the
abandonment of a certain project and suggested the lawsuit be settled with Deltona
dropping the claim for the $31,000 with the County allowing a $20,000 credit
towards the purchase of building permits in the future.
A brief discussion followed concerning the ordinance which is applicable to
the situation with the County Attorney stating that some time ago the ordinance
had been changed to make permit fees non-refundable no matter what the circumstanCE
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Apl"i r 3.1979
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Commissioner Wenzel moved, seconded by Commissione~,Pfstor and carried
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unanimously 5/0, that the Board accept the recommendation 0' the County Attorney
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and a settlement be reached with the Deltona Corporation in the lawsuit concerning
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building permit fees. ,
The Chair directed the County Attorney to review the present ordinance
and incorporate possible revisions allowing 'or refunding of those portions of
fees not incurred by the County if a project is abandoned.
* * * * * . . . . . . * * . . . *
There being no futher business for the good of the County, the meeting
was adjourned by order of the Chair - Time 2:35 P.M.
BOARD OF COUNTY COMMISSIONERS/EX
OFFICIO GOVERNING BOARD(S) OF SPECIAL
DISTRICTS UNDER ITS CONTROL
ATTEST:
WILLIAM J. REAGAN, CLERK
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