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BCC Minutes 04/10/1979 R Naples, Florfda, Aprfl 10, 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 Thomas P. Archer ALSO PRESENT: William J. Reagan. Clerk.; Harold L. Hall. Chief Deputy Clerk/Fiscal Officer; Debbie Pantano. Deputy Clerk; C. William Norman. County Manager. Donald Pickworth. County Attorney; Irving Berzon. Utility Director; Clifford Barksdale. County Engineer. Mary Morgan. Administrative Aide to the Board. Dr. Neno Spagna. Community Development A~ministrator. Carl Clemmer. Zoning Director. and Deputy Chief Raymond Barnett. Sheriff's Department. ~Q!Qa BOARD OF COUNTY COMMISSIONERS FINAL AGENDA APRIL 10, 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. ~LEUGE OF ALLEGIANCE 3. APPROVAL'OF AGENDA 4. APPROVAL OF MINUTES: March 20, 1979 5. PROCLAMATIONS AND PRESENTATIONS OF AWARDS 6. SOCIAL SERVICES 11 7. ADVERTISED PUBLIC HEARINGS tlOOK 046 rAtE '157 April 10, 1979 FINAL AGENDA APPROVED WITH ADDITION Fiscal Officer Harold Hall requf'sted an item be added under "Old Business" concerning a request by the Tax Collector for consideration of an ordinance regarding investment of funds. Commissioner Pistor moved, seconded by Commissioner Wimer and carried unanimously 5/0, that the Final Agenda be approved with the addition as noted. I~INUTES OF MARCH 20, 1979 - APPROVED AS PRESENTED Commissioner Pistor moved, seconded by Commissioner Wenzel and carried unanimously 5/0, that the minutes of March 20, 1979 be approved as presented. RESOLUTION 79-48 REGARDING VACATION OF CERTAIN AREAS WITHIN GOLDEN GATE UNIT 2. PART 3 - ADOPTED. DEDICATION OF TRACT 75G FOR ROAD RIGHT-OF-WAY - ACCEPTED Legal notice having been published in the Naples Daily News on March 25 and 28. 1979 as evidenced by Affidavit of Publication filed with the Clerk. public hearing was opened to consider the request by GAC Properties for the vacation of a portion of a plat of Golden Gate Unit 2, Part 3 and the request for acceptance of dedication of Tract 75G for road right-of-way, utilities and drainage. County Engineer Clifford Barksdale stated that the department has received a petition from GAC for the vacation of the following areas in Golden Gate Unit 2. Part 3: 1. Lots 1 thru 13. Block 750 2. Lots 14 thru 26, Block 75E 3. The northern 495 feet of Block 75J less the eastern 30' wide easement 4. 20 foot wide alley located immediately north of Blocks 750 and 75J. He also stated that the petitioner is requesting that the Board accept the dedication of Tract 75G for road right-of-way, utilities, and drainage. Mr. Barksl lIuLt:!u t.llt:! purpose of the proposed vacation is to eliminate the individual 25 foot lots and to create a larger. undivided tract of land which is presently zoned General Retail Commercial. He noted that letters of "No Objection" have been submitted by the utility companies and the Chairman of the WHAB; the Utility Oirec. and the Engineering Department recommend approval of the petition. tlOOK 046' rAGE 161 &OOK 046 PAGE162 April 10. 1979 There being no one registered to speak on the matter, Commissioner Pistor moved. seconded by Commission..,' Wenzel and carried unanimously 5/0, that the public hearing be closed. Commissioner Pistor moved. seconded by Commissioner Wenzel and carried unanimously, that the Board accept the staff recommendation and approve the proposed vacations and the acceptance of the dedication of Tract 75G for road right-of-way and Resolution 79-48 regarding same be adopted. * * * * * * * . * * . . . . * . . . * . . . * . * * * * eOOK Ot6 PhGE168 April 10, 1979 RESOLUTION 79-49 RE PETITION CCSL-79-1-C BY P.M. FRANCOEUR (LA PLAYA) FOR A VARIANCE FROM COASTAL CONSTRucriON,SETBACK LINE - ADOPTED Legal notice having been published in the Naples Daily News on March 25. 197 as evidenced by Affidavit of Publication filed with the Clerk. public hearing was opened to consider Petition CCSL-79-1-C by Philip M. Francoeur, requesting a variance from the Coastal Construction Setback Line which was established by Ordinance 75-19. Or. Neno Spagna. Community Development Administrator. referred to a displaye map and stated that the petitioner, Philip M. Francoeur. wishes to reduce the established Coastal Construction Setback Line by 25 feet in order to construct an addition on the south side of the LaPlaya Beach and Racquet Inn and to construct swimming pool to serve said facility. He explained that the proposed structure consists of an addition and swimming pool on the south side of the LaPlaya Beach and Racquet Inn located on Lots 25 and 26, Block A. Unit 1. Connor's Vanderbilt Beach Estates. the present Coastal Construction Setback Line is 112 feet from the vegetation 1 inc. c.nd that. if granted, the seawardmost portion of t~le proposed structure will be 87' landward of the vegetation line. He recommended approval of the variance subject to conditions stipulated in the resolution regarding the petition. There being no persons registered to speak on the matter, Commissioner ArcheI moved. seconded by Commissoner Wimer and carried unanimously 5/0 that the public hearing be closed. Commissioner Archer moved, seconded by Commissioner Wimer. that Resolution 79-49 regarding Petition CCSL-79-1-C requesting a variance from the Coastal Construction Setback Line be adopted. County Manager Norman commented that there is ambiguous wording in the pro PO! resolution and suggested the County Attorney review the resolution and correct thE particular sentence. Commissioner Archer amended his previous motion to include the modification ( the proposed resolution by the County Attorney prior to the issuance of said resolution and Commissioner Wimer amended his second. The motion carried unan;mol 5/0. April 10, 1979 PETITION R-78-33C AND PETITION R-79-1C BY GAC PROPERTIES. INC. REQUESTING ZONING CHANGES - WITHDRAWN AT r~QUEST OF PETITIONER legal notices having been published in the Naples Daily News on March 9. 197 as evidenced by Affidavits of Publication filed with the Clerk. public hearing wa opened to consider Petitions R-78-33C and R-79-1C by GAC Properties, Inc. request rezoning changes for certain properties in Golden Gate. Mr. Wafaa Assaad. representing GAC Properties, Inc., stated that his firm has previously sent a letter dated March 15, 1979 requesting that these petitions be withdrawn. Commissioner Archer moved, seconded by Commissioner Pistor and carried unanimously 5/0. that the public hearing be closed. Commissioner Wenzel moved, seconded by Commissioner Pistor and carried unanimously 5/0, that Petitions R-78-33C and R-79-1C by GAC Properties. Inc.. requesting zoning changes be withdrawn as per request of the petitioner. ORDINANCE 79-22 RE PETITION R-79-2C BY ROBERT TAYLOR REQUESTING REZONING FROM "A" TO "CI" ON A PAR':EL OF LAND LOCATED IN SEC. 11. T49S, R25E - ADOPiED. PETITIONER ^GREEMENT TO STIPULATIONS - ACCEPTED Legal notice having been published in the Naples Daily News on March 13, 19 as evidenced by Affidavit of Publication filed with the Clerk. public hearing was opened to consider a proposed ordinance regarding Petition R-79-2C by Robert Tay1 requesting rezoning from "A" to "CI" on a parcel of land located in Section 11, Township 49 South, Range 25 East located on the NW corner of Pine Ridge Road and North Airport Road. Dr. Neno Spagna. Community Development Administrator, referred to a disp1aye map to point out the location described above and stated that the petition has been reviewed by all agencie~ in thp.ir area of concern and recommended for approv subject to the following stipulations: 1. Final site drainage plans be submitted to and approved by the ~~B prior to the issuance of any building permits. 2. Dedication of 17 1/2 feet on south property line at the request of the appropriate governmental agency or at the owner's convenience whichever occurs first. for widening or improvement of County Road C-31. 3. The petitioner submit a site plan to the County Engineer and County Traffic Planner in accordance with Section 18.5 of the Zoning Ordinance. Mn,< 048 Plr..171 800K 046 PACE172 April 10, 1979 fie mentioned the CAPC has apr .oved thfs pet1tionas \"ell as the staff recommending approval. Mr. Tom Peek. of Wilson. Miller, Barton, 5011 & Peek, Inc., stated the proposed zoning is in compliance with future zoning shown on the Comprehensive Plan. He explained the site will be utilized by five automobile agencies presently in existence in Collier County who need more space for their dealership quarters. In answer to Commissioner Pistor, Mr. Peek explained that each of the fndividual dealers will have an access to the adjoining public street. There being no persons registered to speak on the matter, Commissioner Archer moved, seconded by Commissioner Wimer and carried unanimously. that the public hearing be closed. Commissioner Archer moved. seconded by Commissioner Wimer. that the ordinance as numbered and titled below. regarding Petition R-79-2C by Robert Taylor. be adopted and entered into Ordinance Book No.9. The motion carried 4/1 with Commissioner wenzel dissenting. ORDINANCE 79 - " AN ORDINANCE AMENDING ORDINANCE 76-30 THE COMPREHENSIVE ?ONING REGUL~TIONS FOR THE UNICORPORATED ARE~ OF THE CO~STAL AREA PL~NNING DISTRICT BY A11ENDING TilE ZONING ATLAS MAP NUMBER 49-25-1 BY CIIANGING TilE ZONING CLASSIFICATION FROM "A" AGRICUL- TURE TO TO "CI" CmL\1ERCIAL INDUSTRIAL ON THE FOLLONING DESCRIBED PROPERTY: THE SOUTHEAST 1/4 OF SECTION 11~ TONNSHIP 49 SOUTH, RANGE 25 EAST, AND BY PROVIDING AN EFFECTIVE DATE. . * * * * * . . * . . . . . . . eoox 046 PACE 174 April 10. 1979 ORDINANCE 79-23 RE PETITION R-78-8-I BY ADRIAN CHAPMAN REQUESTING REZONING OF PROPERTY IN SECTION 8 a. 17, T46S, R29E FROM "I-A-l" TO "I-C-2" ALLOWING THE r.ONSTRUCTION OF A FARM STORE AT T.iE INTEk.3ECTION OF SR-29 AND SR-82 - ADOPTED WITH STIPULATIONS legal notice having been published in the Irnmokalee Bulletin on March 8. 1979 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider a proposed ordinance regarding Petition R-78-S-I by Adrian Chapman requesting rezoning of property from "I-A-1" to "I-C-2". Mr. Carl Clemmer, Zoning Director, stated that the Immokalee Area Planning Commission has recommended this petition be approved with the stipulation that the final drainage plans be approved by the County Engineer prior to a building permit being issued. There being no persons registered to speak. Commissioner Archer moved, seconde by Commissioner Pistor and carried unanimously, that the public hearing be closed. Commissioner Archer moved. seconded by Commissioner Pistor, that the ordinance as numbered and titled below be adopted and entered into Ordinance Book No.9 subject to t~e stipulation as mentioned above. The motion carried 4/1 with Commissioner Wenzel dissenting. ORDINANCE NO.79-~ AN ORDINANCE AMENDING ORDINANCE NO. 74-14 THE .ATAAS OF MAPS FOR THE I~~OKALEE AREA PLANNING DISTRICT CHANGING THE ZONING CLASSIFICATION OF THE HEREINBELOW DESCRIBED PARCEL OF LAND IN SECTIONS 8 AND 17, TOWNSHIP 46 SOUTH, RANGE 29 EAST,FROM "I-A~1n TO "I-C-2" ON ATLAS MAP NO. 46-29 AND PROVIDING AN EFFECTIVE DATE: ORDINANCE 79-24 RE PETITION R-79-1-I BY ROBERT DAVENPORT REQUESTING REZONING FROM "I-SF-2" SINGLE-FAMILY TO "I-MHTT" MOBILE HOME TRAVEL TRAILER DISTRICT WITH PROVISIONAL USE (4) FOR PROPERTY LOCATED IN SEC. 32. T46S. R29E - ADOPTED legal notice having been published in the Irnmokalee Bulletin on March 8. 1979 as evidenced by Affidavit of Publication filed with the Clerk. public hearing was opened to consider a proposed ordinance re Petition R-79-I-I by Robert Davenport. April 10. 1979 Zoning Director Carl Clemmer referred to a displayed map to point out the property in question and stated the petitioner wishes to rezone the parcel of land next to his trailer park to permit a plant nursery and hardware store. He further stated that the Immokalee Area Planning Commisssion has recommended this petition be approved. There being no persons registered to speak, Commissioner Wenzel moved, seconded by Commissioner Archer and carried unanimously. that the publiC hearing be closed. Commissioner Pistor moved. seconded by Commissioner Archer and carried unanimously 5/0. that the ordinar.re as numbered and titled below regarding Petition R-79-1-I by Robert Oavenport requesting zoning change be adopted and entered into Ordinance Book No.9. ORDINANCE NO, 79- 24 AN ORDI~^NCE AMENDING ORDINANCE NO. 74-14 THE ATLAS .mps DESCRIBING THE ZONING DISTRICTS NITIIIN THE IMMOJ<J\LEE AREA PLANNING DISTRICT DY CIIANGING THE ZONING CLASSIFICATION OF THE PROPERTY llEREINBELOt" DESCRIBED ON loiAP NO. 46-29-9 FROM t1I-SF-2" TO "I-MHTT" WITH PROVISIONAL USE (4),AND PROVIDING AN EFFECTIVE DATE: PETITION V-79-3-C BY ROBERT AND CONNIE SULLIVA:~ REQUESTING SlOE & REAR YARD VARIAN( TO ALLOW THE CONSTRUCTION OF A TENNIS COURT ~ DEt/IED. STAFF DIRECTED TO CONSIDER POSSIBLE REVISIONS TO EXISTING SETBACK Rr:OUIHEllEIITS FOR STRUCTURES OF THIS SORT Legal notice having been published in the IInples Daily News on March 1'5. 1979 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition V-79-3-C by Robert and Connie Sullivan requesting a sid and rear yard variance allowing the construction of a tennis court. 80 x 20 feet. Mr. Carl Clemmer. Zoning Director, explained that the setback requirements for tennis courts in "RS-l" zoning district are 50 feet front yard. 30 feet side yard and 50 feet rear yard. and. for a tennis court the rear yard setback is reduce to 15 feet. He noted that the staff contends that a 20' variance for side yard and 5' for rear yard is excessive and that staff recommends the petition be denied. ~OOK 046 PACE 1.75 BOOK 046 PACE j.76 April 10, 1979 There being no registered speakers. Commissioner Wenzel moved, seconded by Commissioner Pistor and carri(~ unanimously, that the public hearing be closed. A brief discussion was held concerning the Justfffcation for the granting of the variance. Commissioner Wimer commented that possibly the ordinance is too restrictive as far as setback requirements are concerned. Commissioner Pistor moved, seconded by Commissioner Archer and carried 4/1. with Commissioner Brown dissenting. that the Board accept the staff recommendation and deny variance Petition V-79-3-C. Chairman Brown then directed the staff take fnto consideration a revision to the zoning regulations with respect to accessory structures and/or recreational facilities on large lots. DISCUSSIOrl REGARDING CORRECTING EXISTING D~FJCIENCIES AT THE IMMOKALEE STOCKADE - APPROVED AS PRESENTED BY ASSISTANT COUNTY MANAGER - BID #350 AWARDED TO STERLING SUPPLY Assistant Cou~ty Mana~er Richard Woodruff stated that since his previous presentation of deficiencies at the Immokalee Stockade a few weeks ago before the Board. all but four such deficiencies have been eliminated. The remaining deficienl and violations concern the walk-in cooler, inadequate food service and dining facilities. recreation facilities. and the need for a chlorinator for the water system. Mr. Woodruff presented the following recommendations to correct all viol at; 1. Authorize the hiring of an architect to prepare construction drawings and cost estimates for a new storage room area and the conversion of the existing storage areas into a dining area. Total cost of fees and constrction are estimated at $35,000. 2. Authorize the staff to prepare specifications and advertise for bids for a security fence with remote gates and lights and fenced recreational area. Estimated cost at $16,000. 3. Authorize the staff to prepare specifications and advertise bids for communications equipment as previously outlined. Cost estimate $7.778.00. 4. Authorize the staff to prepare specifications and advertise bids for a twelve passenger van with air conditioning. Estimated cost $7.300.00. 5. Authorize the staff to prepare specifications and purchase a water chlorinator. Estimated cost $300. 6. Award Bid 1350 for walk-in freezer to the low bidder - Sterling Supply of Ft. Myers. and authorize the staff to negotiate for a lower price by deleting certain specs. 7. Authorize the transfer of necessary funds from the contingency fund into the appropriate Stockade account to cover all expenses identified in this report. April 10, 1979 Commissioner Archer moved, ~econded by Commissioner Pistor. that the above- mentioned seven items presented by the Assistant County Manager regarding the correction of existing violations at the Immokalee Stockade be approved. Financing of this project was discussed with the Fiscal Officer stating that he would come back with a proposal for the funding, and, in response to Commission Wenzel. he stated he is not aware of any federal or state funding available for this type of improvements. Upon call for the question the motion carried 4/1 with Commissioner Wimer dissenting. '* '* '* '* '* '* '* '* '* '* '* '* '* '* '* '* '* RECESS: 10:12 A.M. until 10:20 A.M. '* '* '* '* '* '* '* '* '* '* '* '* '* '* '* '* '* STAFF DIRECTED TO DRAFT PROPOSED ORDINANCE FOR REVIEW BY TAX COLLECTOR AND FISCAL OFFICER REGARDING AUTHORIZATION FOR THE TAX COLLECTOR TO INVEST FUNDS AT LOCAL INSTITUTIONS Commissioner Archer moved, seconded by Commissioner Pistor and carried unanimously 5/0. that the staff be authorized to draft a proposed ordinance for review by the Tax Collector and the Fiscal Officer regarding the investment of funds at local institutions in order to maximize interest income and facil itate the expedient distribution of funds to the various taxing units in Collier County. PETITION R-79-4-C. BY WILLIAM BARTON REQUESTING REZONING FROM "RS-3" TO IRM-1" FOR PROPERTY LOCATED IN SECTION 24, T48S. R25E - AUTHORIZED FOR ADVERTISING FOR PUBLIC HEARING MAY 22. 1979 Commissioner Archer moved. seconded by Commissioner Wenzel and carried unaniml 5/0. that Petition R-79-4-C by William Barton, requesting rezoning from "RS-3" to "RM-l" for property located in Section 24. Township 48 South, Range 25 East be authorized for advertising of public hearing May 22. 1979. PETITION R-79-6-C BY CONNIE & SAMUEL HUBSCH~\AN REQUESTING REZONH,3 FROM "RM-l" TO "GRC" FOR PROPERTY LOCATED IN SECTION 12, T50S. R25E - AUTHORIZED FOR ADVERTISING OF PUBLIC HEARING MAY 22. 1979 Commissioner Archer moved. seconded by Commissioner Wenzel and carried unanimously 5/0. that Petition R-79-6-C by Connie and Samuel Hubschman requesting r.OOK 04.6 PACf177 'ao:^ 046 PAGE 178 April 10, 1979 rezoning from "RM-l" to "GRC" for property located in Section 12. Township ~O South. Range 25 East be author.1zed for advertising of public hearing May 22. 1979. DISCUSSION CONCERNING CONSULTANT SERVICES FOR COURTHOUSE MASTER PLAN - COUNTY MANAGER DIRECTED TO CONTACT ASSOCIATION OF CONSULTING MANAGEMENT ENGINEERS County Manager Norman provided the following recommendations, per the Board's request. concerning the need for a Courthouse Master Plan: That the Board approve the hiring of a consultant to perform said Master Plan by appointing a Consultant Selection Committee to determine the scope of work to be included and the criteria for evaluating consultants; screen proposals submitted in accordance with the scope of work and criteria established; recommend to the Boa a "short list" of those firms being most qualified to provide the consultant servic advise the firms when and where they are to appear before the Board to make their presentations; and. said selection committee to be composed of the County Manager. Chief Circuit Judge, Clerk of Courts. Sheriff. an~ the Director of the Health Depa rtment. Commissioner Wenzel suggested that rather than forming the Selection Committee at the start. an efficiency expert be hired to determine the space needs of the Courthouse. and. at that time, the Selection Committee be formed to screen proposals. etc. Mr. Wade Schroeder, City Councilman, made a suggestion to the effect that the Board contact the Association of Management and Consulting Engineers. a company to which reputable engineering and consulting firms are members of. who would provide the services the Board requires. After brief discussion. the Chair directed the County Manager to contact the above mentioned association to look at the existing facilities at the Courthouse in order to prepare a Master Plan to correct space deficiencies. REQUEST BY PERSONNEL DIRECTOR FOR POSITION RECLASSIFICATION FROM LIBRARY CLERK TO LIBRARY ASSISTANT - APPROVED Mrs. Anne Hora. Personnel Director. explained that due to the growth of the Children's Services Division at the Headquarters Library resulting in increased April 10, 1979 amounts of work at the professional and sub-professional levels for the Library Clerk. she is requesting that t~e Board raise the classification of said position to a level commensurating with the duties, responsibilities, and authority involvl Commissioner Archer moved, seconded by Commissioner Wenzel and carried unanimously 5/0. that the request by the Personnel Director for position reclassi fication from Library Clerk to Library Assistant be approved. PETITION FP-79-6C, VICTORIA PARK UNIT '2 REQUESTING FINAL PLAT APPROVAL - APPROVE: WITH STIPULATION Ms. Lee Layne, Planner. stated that the petitioner is requesting approval of the construction drawings and the final plat for the above project. the Subdivisil Master Plan has previously been approved by the CAPC and the BCC as well as the County Engineer. She further stated that the petitioner intends to construct the improvements for this project prior to the recording of the plat in lieu of furni~ a 110% construction bond. Commissioner Archer moved. seconded by Commissioner Wenzel and carried unani~ 5/0, that the staff recommendation be accepted in that the final plat be approved with the stipulation that the plat not be recorded until the required improvement~ have been constructed and accepted. and a security is provided to the County in tt amount of $53,168.92 to cover the 10% of construction cost for 1 year maintenance after preliminary acceptance. PURCHASE OF FOUR (4) MOBILE TRAILERS FROM THE CITY OF NAPLES - APPROVED. COUNTY MANAGER AUTHORIZED TO CONTINUE NEGOTIATIONS FOR THE RELOCATION OF SAID TRAILERS County Manager Norman explained that the City of Naples has favorably approve a proposal from the County to purchase four surplus mobile trailers at a price of $20.000. He stated that a report is being prepared regarding the critical space needs of the Complex and will be brought to the Board for consideration at a later time. Commissioner Archer moved, seconded by Commissioner Pistor and carried 4/1. with Commissioner Wimer dissenting, that the Board authorize the purchase of the four mobile trailers from the City of Naples. ~O~~~ BOCX 0(6 PACE180 April 10, 1979 Commissioner Archer moved. ~econded by Commissioner Wenzel and carried unanimously 5/0, that the County Manager be authorized to continue negotiations with a moving firm for an estimated cost of moving the trailers. Commissioner Wimer stated the reason he has voted in opposition to the purchase of the trailers is that placing said trailers on the Courthouse grounds would go against the zoning laws of the County. VARIOUS EASEMENTS RE VICTORIA PARK UNIT II ACCEPTED~ BCC. EX-OFFICIO GOVERNORS OF THE COUNTY WATER/SEWER DISTRICT CONVEY TO THE BCC AN EASEMENT ACROSS WATER/SEWER DISTRICT LANDS PERMITTING CONVEYANCE OF SURFACE WATERS; BCC ACCEPTS SAID EASEMENT Utility Director Irving Berzon explained that the Board needs to accept certain drainage easements which will provide positive drainage outfall to serve Victoria Park Unit II and other lands tributary to this drainage basin; and, that, in order to dedicate a drainage easement for the public use. the County Water/Sewe District is offering such an easement to the Board of County Commissioners for acceptance. He also noted that the Collier Development Corporation has granted an easement to the developers of Victoria Park Unit II, who in turn are conveying this drainage easement to the BCC for use by the public. Commissioner Archer moved. seconded by Commissioner Pistor and carried unanimously 5/0. that the Board accept the staff recommendation and accept an easement from the developers of Victoria Park Unit II to the Board of County Commissioners. this being an easement granted to the developers by the Collier Development Corporation and the acceptance of an easement being conveyed from Manatee Fruit Co. to C~rusc~n, Inc. Commissioner Archer moved. seconded by Commissioner Pistor and carried unanimously 5/0. that the staff recommendation be accepted in that the Board of County Commissioners. Ex-Officio Governors of the County Water/Sewer District convey to the BCC an easement across the Water/Sewer District lands which will permit conveyance of surface waters from Victoria Park Unit II and such other properties tributary to this drainage basin. Commissioner Archer moved, seconded by. Commissioner Wimer and carried unanimol 5/0. that the Board of County Commissioners accept s~id easement being offered by the Ex-Officio Governors of the County Water/Sewer District for recordation. Aprfl 10, 1979 Mr. Tom Peek of Wilson, Miller, Barton, 5011 & Peek, .Inc.. explained that there are certain easements o~~side the limits of Victoria Park which should have been approved as part of the original plat. The Chair directed this matter be deferred until a later date in order for the staff to review said easements. * * * * * * * * . . * * . * . . . . * * * . * * . * * BOOK ~~~ ,. ~ I..... .. .....:.4. BOOK 04.6 PACE 192 Aprfl 10, 1979 CHAIRMAN AUTHORIZED TO SIGN SUPPlEMENTAL AGREEMENT RE GOLDEN GATE ESTATES JNTERIM ACTION PROGRAM PROVIDING FOR ~RANT-IH-AID FUNDS IN rvE AMOurrr OF $25.000 Utility Director Berzon noted that the South Florfda Water Management District and Collier County entered into an Agreement whereby the County agreed to continue the existence of the Golden Gate Estates Study Committee and the objectives of this Committee; and, that the SFWMD is now offering to supplement the original grant for this program of $25.000 with an additional $25.000. Commissioner Pistor moved, seconded by Commissioner Wenzel and carried unanimously 5/0. that the Chairman be authorized to sign the proposed Supplemental Agreement providing for receiving grant-in-aid funds in the amount of $25,000. * * * * * * * * * * * * * * * * * * * * . * . . * * . April 10, 1979 ADMINISTRATIVE AIDE TO DRAFT LET"rER TO CONGRESSIONAL DELEGATION CONCERNING THE ACT OF CONGRESS REGARDING PRAYER~ IN PUBLIC SCHOOLS AND INDICATING THEIR APPROVAL OF SAID ACT Commissioner Wenzel referred to his memo to the Board dated April 10, 1979 requesting that the Board adopt an appropriate resolution indicating their approval of an Act of Congress which would override the interpretation of the Constitution as given by the Supreme Court regarding the allowance of prayers in public schools. Commissioner Wenzel moved, seconded by Commissioner Wimer and carried unanimously 5/0. that the Administrative Aide be directed to draft a letter to the Congressional Delegation expressing the Board's feeling on the matter of the Act of Congress regarding prayers in pUblic schools. COUNTY ATTORNEY TO DRAFT LETTER TO LEGISLATIVE DELEGATION OPPOSINu PROPOSED HOUSE BILL ALLOWING MUNICIPALITIES TO ANNEX AREAS IN THE COUNTIES WITHOUT A REFERENDUM Commissioner Wenzel referred to his memo dated April 10, 1979 stating that the Board is strongly opposed to the House Bill sponsored by the League of Cities to allow municipa11ties tc annex areas in the counties without a referendum by the people or against the wishes of a single individual and he recommended that the Board adopt an appropriate resolution to forward to the Legislative Delegation indicating their opposition. Per the County Attorney's recommendation. Commissioner Wenzel moved. seconded by Commissioner Wimer and carried unanimously 5/0. that the County Attorney draft letters to various members of the Legislative Delegation (State Senators, Mary Ellen Hawkins) indicating the Board's opposition to the proposed bill and expressin! appreciation to Mrs. Hawkins for her vote against the bill. ROUTINE BILLS - APPROVED FOR PAYMENT Following Fiscal Officer Harold Hall's statement that the bills being presentee have been processed following established procedures and that funds are available. Commissioner Wenzel moved. seconded by Commissioner Pistor and carried unanimously. that the bills be approved for payment as witness by the following warrants issued from April 4. 1979 through April 10. 1979: &OOK 046 p/;cE195 .,'" _+,_ .'~_.-...J,.-..,~ BOOK 046 PAcE196 April 10. .1979 .EY!!Q. County Warrants BCC Payroll Golden Gate I & S Collier County Fire Dfstrict Special MSTD's Collier County Lighting Water Management MSTD Capital Improvement Intra-Governmental Services Marco Lighting Grants & Gifts Immokalee lighting WARRANT NOS. 05681 - 05934 59021 . 59221 4 5 4 5 10 11 4 5 1 9 1 DEFENSIVE DRIVING COURSE FOR ALL REGULAR DRIVERS OF COUNTY VEHICLES TO BE PAID THROUGH THE GENERAL FUND - AUTHORIZED Per the Fiscal Officer's recommendation. Commissioner Wenzel moved. seconded by Commissioner Archer and carried unanimously 5/0, that the Board approve the offering of a defensive driving course, to all regUlar drivers of vehicles owned and insured by the Board of County Commissioners, at a cost of approximately $450 to be paid thr0ugh t~e Gener3l Fund. * * * * * * * * * * * * * * * * * Conrnissioner Pistor left the meeting at 11:00 A.M. * * * * * * * * * * * * * * * * * MAP OF FRANCIS AVENUE - APPROVED FOR RECORDATION County Attorney Donald Pickworth presented for the Board's consideration a map of Francis Avenue for recordation in conjunction with Florida Statutes providing that whenever the County continuously and without interruption maintains a roadway for at least four years and files a map with the Clerk of Courts, stating that the roadway has vested in the County. the width of the roadway and that fact that it has been maintained by the County then the map becomes evidence that it is a public road. Commissioner Wimer moved, seconded by Commissioner Wenzel and carried unanimously 4/0. with Commissioner Pistor absent at the time of the vote. that the Board approve the map of Francis Avenue for recordation. f'JJ rJ,t. IIJ h. / ~ , ',' "'_ .~ ':' ?,>"":' y w April 10, 1979 CHAIRMAN AUTHORIZED TO SIGN CERTIFICATES OF CORRECTION TO 1978 TAX ROLL Commissioner Archer moved, seconded by Commfssfoner Wenzel and carried unanimously 4/0, with Commissioner Pistor absent at the time of the vote. that the following Certificates for Correction on the 1918 Tax Roll (tangible personal property) be approved and that the Chairman be authorized to sign same: NOS. 47-1978 48-1978 49-1978 DATED April 5. 1979 April 5, 1979 April 6. 1979 CHAIRMAN AUTHORIZED TO SIGN AGREEMENT FOR CONSTRUCTION AND MAINTENANCE OF SUBDIVISION IMPROVEMENTS BETWEEN PINEWOODS DEVELOPERS OF NAPLES, INC. AND THE BCC AS WELL AS AN ESCROW AGREEMENT Commissioner Wenzel moved, seconded by Commissioner Archer ~nd carried unanimously 4/0 with Commissioner Pistor absent at the time of the vote, that the Chairman be authorized to sign an agreement for construction and maintenance of subdivision improvements between Pinewoods Developers of Naples. Inc. and the Board along with an Escrow Agreement re same. '" '" '" '" '" '" '" '" * '" '* * '* * * '* * * MOK ()4.'6 rACE 197 '* * * April 10, 1979 * * * * * * * ." ." ." ." ." ." ." It * At this point, Commissioner Pistor returned to the meeting -- 11:04 A.M. ." ." ." ." ." It ." ." ." ." ." ." ." ." ." ." SUBMISSION OF PROPOSED LEGISLATION RELATING TO SALT WATER FISHING - APPROVED Commissioner Wenzel moved. seconded by Commissioner Pistor and carried unanimously 5/0. that per the County Attorney's recommendation a bill be drafted repealing certain obsolete or superseded Collier County Special Acts concerning salt water fishing and that the bill be submitted to the Legislature for consideration. REQUEST BY INDIVIDUAL FOR BOARD TO CONSIDER BUS SERVICE TO THE COASTAL AREA - SCHEDULED FOR WORKSHOP SESSION Commissioner Wenzel moved, seconded by Commissioner Pistor and carried unanimously 5/0. that the request by an Everglades transportation service reques' that the Board consider bus service for the coastal 'area be scheduled for Worksh( Session. CHAIRMAN ADVISES THAT A MEMBER OF THE BOARD WILL ATTEND THE ECONOMIC DEVELOPMENT COUNCIL BOARD OF TRUSTEES AND MEMBERSHIP MEETING In response to the Administrative Aide to the Board ~~ry Morgan. Chairman Brown advised that a member of the Board of County Commissioners will attend the Economic Development Council Board of Trustees and Membership meeting on Monday. April 16. 1979. MISCELLANEOUS CORRESPONDENCE - FILED AND/OR REFERRED There being no objection. the Chair directed that the following corresponden be filed andlor referred to the various departments as indicated below: 1. Letter dated 3/9/79 from Ernst & Ernst regarding the amount of franchise fee due to the County from Gulf Coast Television ($36.780.57); filed. 2. Letter dated 3/9/79 from Ernst & Ernst regarding the amount of franchise fee due to the County for the Marco Island Television ($15.498.79). filed. 3. Letter dated 4/5/79 from Salvatore C. Scuderi regarding the petition for prOVisional use relating to Lots 14. 15, 16 & 17. of Block 782. Marco Beach Subdivision Unit 11; Refer to Planning Director; filed. 800K 04,6 PACE 207 BOOK 046 PAGE 208 April 10, 1979 4. Letters dated 4/3/79 from the DER regarding requests received for modification of perm't conditions for: (a) permit CS52-11-5535, The Fountains Phase II. Unit I and (b) permit CS52-11-5216 for The Fountail Phase I/Unit 2; xc to Utility Director. Filed. 5. Letter dated 3/30/79 from OER regarding permit CS52-11-5913 dated 3/30/79 issued to Lakeview Pines to install a pollution source; xc to Utility Director. Filed. 6. Petition by residents of the street formerly known as Bluebill Avenue requesting that the street name not be changed; xc to Planning Director. Filed. 7. Letter dated 4/4/79 from Mrs. Don Bisbee regarding BCC action denying a request by John Pulling and Miles Scofiled for variances; fl1 pcf. 8. Letter dated 3/29/79 from Michael Geraghty of Collier County Mental Health Clinic requesting he be permitted to present an Annual Evaluatic Review of the Clinic's operation; filed. 9. Letter dated 4/3/79 from DNR transmitting copy of pubHcation "Coastal Plants of Florida - A Key to Good Land Management"; booklet transmitted to Dr. Jay Harmic. Filed. 10. letter transmitted from The White House indicating the week of May 29 through June 3 as Vietnam Veterans Week; material transmitted to Vetera Service Officer. Filed. 11. l~tter uated 3/30/79 to BCC regarding its assessment for the constructi of 44 fire hydrants in the North Naples Fire Hydrant District; xc to Fiscal Offic~r. Filed. 12. Letter dated 4/2/79 from Mrs. Clinton H. Mosback regarding the need for a home for youth in need of a temporary shelter; xc to Planning Director; filed. 13. Copy of 2/27/79 minutes of Golden Gate Community Center Advisory Commit F 11 ed . 14. Letter dated 4/2179 from Everglades City Councilman regarding transmitti of a petition supporting the Council's position regarding the fish manal ment options being evaluated by the U.S. National Park Service; filed. 15. Copies of the Commissions issued to duly elected Collier County Commissioners to be filed with the Clerk (Documents from Commissioners Archer. Brown, Pistor, Wimer & Wenzel). 16. ~~nthly Reports received for month ending 3/31/79 from: Building Dept., Purchasing. Personnel. Homemakers Serice; and filed. * * * * * * * * * * * * * * * * * There being no further business for the good of the County. the Chair directed the meeting be adjourned at 11:05 A.M. .(",\;)\)\~ \ y .C(;~J ~~ \. . ,.. ~ , "" ,'....t') \\i.. " ~.... .J");. ATTEST: -.: ..,....:1'. ~ WILLIZ.'~ ,GAN'~.L'.. ;. / . .~~" ;:i,', ~ ~,/'.. ',r~ .,,_. .