BCC Minutes 05/08/1979 R
Hapl.s. Florida, May 8, 1979
LET IT BE REMEMBERED, that the Board of Coun~ Commissioners in
and for the County of COllier, and also acting a. 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 S:OO A.M. in Regular
Session in Building lOF" of the Courthous. Complex with the following
members present:
CHAIRMAN: 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; Debbie Pantano, Deputy Clerk; C. William Norman, County
Manager; Anthony Pires, Assistant County Attorney; Dr. Neno Spagna, Community
Development Administrator; Irving Berzon, Utility Director; Mary Morgan,
Administrative Aide to the Board; Clifford Barksdale, County Engineer; Carl
Clemmer, Zo~ing ~lrector; and Deputy Chief Raymond Barnett, Sheriff's Department.
AGENDA
BOARD OF COUNTY COMMISSIONERS
FINAL AGENDA
Maya, 1979
NOTICE: ALL PERSONS SPEA:aNG ON ANY AGENDA ITEM MUST
REGISTER PRIOR TO THE ITEM BEING BEARD.
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS walCH
ARE NOT ON THI S AGENDA MUST BE SUBMI1'1'ED TO THE
COUNTY MANAGER AT LEAST ONE WEEK PRIOR TO THE DATE
OF THE MEETING AND WILL BE BEARD UNDER "PUBLIC
PETITIONS" AT 11:00 A.M.
1. INVOCATION
2. PLEDGE OF ALLEGIANCE
3. APPROVAL OF AGENDA
4. APPROVAL OF MINUTES: April 24, 1979
5. PROCLAMATIONS AND PRESENTATIONS OF AWARDS
6DOK 046 rAGE 453
May 8, 1979
FINAL AGENDA APPROVED AS PRESENTE~
Commissioner Pistor moved, seconded by Commissioner Wenzel and carried
unanimously 5/0. that the final agenda be approved as presented.
MINUTES OF APRIL 24. 1979 - APPROVED
Commissioner Wenzel moved, seconded by Commissioner Pistor and carried
unanimously 5/0, that the minutes of April 24, 1979 be approved as submitted.
SOCIAL SERVICES CASE IW-471B - APPROVED
Commissioner Pistor moved, seconded by Commissioner Archer and carried
unanfmously 5/0, that Social Services Case 1W-4718 be approved.
FISCAL OFFICER NOTES THAT PETITION CP-78-1-C RE THE COMPREHENSIVE "LAN OF COLLIER
COUNTY WILL BE HEARD THIS EVENING IN PUBLIC HEARING AT 7:30 P.M.
Fiscal Officer Harold Hall explained that Petition CP-78-1-C regarding the
Comprehensive Plan will be held in public hearing this date at 7:30 P.M.
County Manager Norman stated the Planning Department has prepared a report
for the Board's consideration on possible additions to the plan regarding low and
moderate income housing.
ORDINANCE 79-29 RE PETITION R-79-3C. GATH. INC., REQUESTING REZONING FROM "A" TO
"RS-2" ON PROPERTY LOCATED JUST EAST OF AND ADJACENT TO FOUR SEASONS SUBDIVISION _
ADOPTED WITH STIPULATIONS; PETITIONER'S AGREEMENT TO STIPULATIONS _ ACCEPTED
Legal notice having been published in the Naples Daily News on April 6, 1979
as evidenced by Affidavit of Publication filed with the Clerk. public hearing was
opened to consider Petition R-79-3C, Gath. Inc., requesting rezoning from "A" to
"RS-2" Single Family. 'of property located in Section 25. T48S, R25E. south of
Jmmokalee Road. east of Four Seasons Subdivision.
Dr. Neno Spagna. Community Development Administrator, referred to a displayed
map to pOint out the property in question. He stated that all required County
agencies have reviewed and approved this petition subject to conditions outlined
in the Petitioner's Agreement; said Agreement having been Signed by the petitioner.
aOOK 046 PAGE467
800K 046 PACE468
.fay 8, 1979
Commissioner Pistor questiondd one of the staff stipulations which allows
for the exception of "VlO_gutters for use with a septic system. He also questioned
where the groundwater would be drained without causing flooding.
Mr. Krfs Dane, project engineer for the developer, stated that there is a
certain provision in Subdivision Regulations whfch states that valley gutters are
to be used only where central sewers are used and the developer is requesting a
variance from this provision. He indicated the storm water run-off will flow
into the Cocohatchee River. He futher stated that the drainage plans are in
conformance with the District 7 report. Commissioner P1stor expressed his concern
over whether this project would create drainage prOblems for the area in the
future. Mr. Dane briefly outlined the drainage system and assured him that there
should be no problems.
Chairman Brown directed that Hr. Berzon, Utility Director, be called into
the meeting.
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RECESS: 9:15 A.H. until 9:18 A.M.
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In response to Commissioner Wenzel. Mr. Berzon replied that the water for
this project is available at this time without causing a hardship on the present
users; however. he explained that the fees must be pafd by the developer before
the supply is reserved.
After brief discussion, Commissioner Pistor moved, seconded by Commissioner
Wenzel and carried unanimously 5/0, that the public hearing be closed.
Commissioner P1stor moved, seconded by Commissioner Wimer and carried
unanimously 5/0. that Ordinance 79-29 regarding Petition R-79-3C by Gath. Inc..
requesting rezoning from "A" to "RS-2" on property located just east of and adjacer
to Four Seasons Subdfvision be adopted, with the stfpulations outlined in the
Agreement signed by the petitioner. and entered into Ordinance Book No.9.
May 8, 1979
PETITION SMP-79-2C. GATH, INC.. RfQUESTING SUBDIVISION MASTER PLAN APPROVAL FOR
PROPERTY KNOWN AS EDGEWILD SUBDIV1;ION - APPROVED WITH STIPULATIONS
Legal notice having been pUblished in the Naples Daily News on April 20, 1979
as evidenced by Affidavft of Publication ffled with the Clerk, pUblic hearfng was
opened to consider Petition SMP-79-2C by Gath. Inc., requesting Subdivision ~~ster
Plan approval for property known as Edgewild Subd1vfsfon.
Dr. Neno Spagna, Community Development Administrator, explained this item
is a companion to the ordinance just adopted by the Board and has been approved
by all required agencies subject to stipulations listed in the also previously
approved Petitioner's Agreement.
Commissioner Pistor moved, seconded by Commissioner Wenzel and carried
unanimously 5/0, that the public hearing be closed.
Commissioner Pfstor moved, seconded by Commissioner P1stor and carried
unanimously 5/0, that Petition SMP-79-2C by Gath, Inc., requesting Subdivision
Master Plan approval for property known as Edgewild Subdivision be approved with
stipulations.
ORDINANCE 79-30 REGARDING PETITION R-79-7C, DELTONA CORPORATION, REQUESTING
REZONING FROM "RO" TO "RS-3" AT THE END OF SOUTH BARFIELD DRIVE AT CAXAMBAS
WATERWAY - ADOPTED WITH STIPULATIONS
Legal notice having been published in the Marco Island Eagle, on AprilS,
1979 as evidenced by Affidavit of Publication filed with the Clerk, public hearing
was opened to consider Petition R-79-7C by Deltona Corporation requesting rezoning
from "RO" to "RS-3" for property located at the end of South Barfield Drive at
Caxambas waterway.
Dr. Neno Spagna. Community Development Administrator, explained this portion
of land is located on a portion of Tract A. Unit 13. ~~rco Beach Subdivfsion. He
stated that all required County agencies have reviewed and approved this petition
subject to the staff's stipulations:
1. Paving and drainage plan to be submitted to and approved by the
Engineering Department prior to the start of any construction.
2. Subdivision Master Plan Approval will be required if area is
divided into 3 or more lots.
eoOK
048 PACE471
MOX 048 (.~~~ 47Z
May 8, 1979,
There being no persons registered to speak on the matter, Commissioner
Pistor moved, seconded by Commissioner Wenzel and carried unanimously 5/0.
that the public hearing be closed.
Commissioner Pistor moved, seconded by Comm1ssfoner Archer and carried
unanimouSly 5/0. that Ordinance 79-30 regarding Petition R-79-7C as titled
below be adopted with above-mentioned stipulations and entered into Ordinance
Book No.9.
ORDINANCE 79 - 30
AN ORDINANCE AMENDING ORDINANCE 76-30,
THE COMPREHENSIVE ZONING REGULATIONS
FOR THE UNINCORPORATED AREAS OP THE
COASTAL AREA PLANNING DISTRICT, BY
AMENDING MAP NUMBER MI-10 BY REZONING
THE FOLLOWING DESCRIBED PROPERTY FROM
RO, RECREATION OPEN SPACE TO RS-3
RESIDENTIAL SINGLE FAMILY' A PORTION
OF UNIT 113, r.AID PARCEL CONTAINING
5.646 ACRES + AND PRrJVIDING AN EFPEC-
TIVE DATE -
ORDINANCE 79-31 REGARDING PETITION IZ..79-2-I AMENDING ORDINANCE NO. 74-15 BY
AMENDING THE SET-BACK REQUIREMENTS OF SECTION 11.9 PARAGRAPH 6 OF THE "I-MHSD"
ZONING DISTRICT - ADOPTED
Legal notice haVing been published in the Immokalee Bulletin on AprilS. 1979
as evidenced by Affidavit of Publication filed with the Clerk. public hearing was
opened to consider Petition IZ-79-2-I amending Ordinance No. 74-15 by amending
the set-back requirements of Section 11.9, Paragraph 6 of the III-MHSD" Zoning
District.
Zoning Director Carl Clemmer explained that the mobile homes being constructed
today are too large to fit on many legal lots that are zoned as mobile home sub-
division districts and requested an amendment to the existin9 ordinance which
will allow the 60 foot mobile homes to be installed on the older 60 x 100 foot
lots. He stated that the Immokatee Area Planning Commission held their public
hearing and has recommended that the BCC approve the petition.
In response to Commissioner Wenzel's concern. Or. Spagna. Communi~ Development
Administrator, stated that this problem has not developed in the coastal area
as the setbacks in this area are not as strict as those in the Immokalee area.
May 8. 1979
There being no persons register1d to speak on the matter. Commissioner
Pistor moved, seconded by Commissioner Wenzel and carried unanimously 5/0.
that the public hearing be closed.
Commissioner Pistor moved, seconded by Commissioner Wenzel and carried
unanimously 5/0. that Ordinance 79-31 as titlee below regarding Petition
IZ-79-2-I be adopted and entered into Ordinance Book No.9.
ORDINANCE NO. 79- 31
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AN ORDINANCE AMENDING ORDINANCE NO. 74-15 AMENDING THE
ZONING ORDINANCE FOR THE IMMOKALEE AREA PLANNING DISTRICT
BY CHANGING SECTION 11.9 PARAGRAPH 6 KHSD DISTRICT AND
PROVIDING AN EFFECTIVE DATE:
DISCUSSION REGARDING COASTLAND BOULEVARD PROJECT - FISCAL OFFICER DIPICTED TO
PROVIDE ALTERNATE METHOD OF FINANCING
County Engineer Clifford Barksdale provided a brief history of the Coastland
Boulevard project which would create the realignment of the western end of
Goodlette Road extension with a connector through to U.S. 41. He stated that
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numerous studies have been conducted on this project by the FOOT and the County
as well as various consultant firms. He referred to a displayed map to point out
the location of the proposed projects listed as priorities for the County Secondary
Road Program (copies distributed to the Board). Hr. Barksdale also referred to
the total cost estimates for each of these projects and stated that if the County
remains with the priorities that were established for the Bond Issue. utilizing
proceeds from the Bond Issue as well as remaining 5th and 6th cent funds. it is
possible to fund only half of the total requirements.
Commissioner Pistor expressed concern regarding whether or not the County
would be granted the required right-of-way to complete these projects.
Fiscal Officer Harold Hall indicated a special fund could be set up for
monies from ad valorem taxes or whatever sources are available to be earmarked for
these road projects. and, that once the project is complete, the special fund would
be closed out. In response to Commissioner Wenzel. Mr. Hall replied that currently
a relatively ~ll millage is being levied in the Road and Bridge Fund and that
50% of those funds collected within a muniCipality is returned to the municipality.
eOOK 046 PAGE 473
&OOK 046 rli;~4 74
May 8, 197i
An additional .2 mill would be levied for this project through a special fund or
thr~ugh the Road & Bridge Fund, and that the County would expect that the full amoun"
of tax collected from within the City be made available to the County for use on
Coastllnd Boulevard. Mr. Wimer stated that we should have that commitment from the
City.
Mr. Barksdale stated that the railroad company has agreed to file for
abandonment from Naples up to approximately Sectfon 15, north 01 the Immokalee
Road; and have further agreed not to file for abandonment for the remaining
sector of the raflroad up to Estero for a period of at least 10 years.
Commissioner Wenzel stressed the point that the Coun~ is still committed
to bringing Golden Gate Boulevard out to Goodlette Road.
Mayor Anderson, City of Naples. stated that hi anticipates no problems
in obtaining the necessary right-of-way within the time frame outlined. In response
to Commissioner Wimer. Mayor Anderson replied that the City has committed itself to
supporting the .4 mill ad valorem tax within the City and the requirement described
by Mr. Hall was an administrative detail which would be worked out with the County.
Commissioner Archer questfoned whether it is possible to set up a permanent
road taxing fund to take care of all projects in the future rather than creating
special taxing funds for separate projects.
After discussion. the Chair directed the Fiscal Officer to prepare all of
the various methods of possible financing for this project and to bring it back
to the Board next week for final consideration and approval.
Mr. Mike Zewalk, Mrs. Don Bisbee. and Mr. Egon Hill were all registered to
speak; however; they stated they would hold their comments until the discussion
next week.
Mr. Vernon MacKenzie, resident of Naples. stated that roads should not be
singled out to be financed by special ad valorem taxes. He stated the principal
beneficiaries of the" project should bear a major part of the cost.
Mr. J.L. Dutton. resident of Pirie Ridge, commented that the taxes are already
too high on property and suggested that possibly a saliS tax could be created
where everyone in the County would be paying. Commissioner Wenzel commented that
the Board has no authori~ to levy sales taxes.
May 8, 1979
Mr. Frank Pettengill, resiG~nt, commented that a dangerous precedent is
being set if the County decides to go ahead and tax property owners for the
construction of new roads when there is a Road Tax already in effect.
Mr. Larry Ingram, resident, commented that the only fair way to raise
monies for this project is to assess the property owners whose property will
increase in value due to the construction of the road.
There being no other persons registered to speak, Chairman Brown
acknowledged the f~ct of the necessity of the construction of Coastland Blvd.
and instructed the Fiscal Officer to provide recommendations for financing
of same.
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RECESS: 10:55 A.M. until 11:08 A.M.
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PETITION V-79-7-C, V-79-8-C. V-79-9-C. AND V-79-10-C, JAMES TOPPING: REQUEST FOR
WAIVER OF 13.000 SQUARE FOOT REQUIREMENT TO PERMIT THE CONSTRUCTION OF FOUR DUPLE)
ON FOUR LOTS IN BLOCK 18. TWIN LAKES FIRST ADDITION - ADVERTISING AUTHORIZED FOR
PUBLIC HEARING MAY 29. 1979
Commissioner Archer moved, seconded by Commissioner Pistor and carried
unanimously 5/0. that Petition V-79-7-C, V-79-8-C, V-79-9-C and V-79-10-C by
J~mes Topping requesting a waiver of the 13,000 square foot requirement to
permit the construction of four duplexes on four lots in Block 18, Twin Lakes
First Addition be authorized for advertising for public hearing May 29. 1979.
PETITION R-79-9-C. W.L. BAINBRIDGE, REQUEST FOR REZONING FROM "A" TO "RM-l" FOR
PROPERTY IN S16. T48S. R25E LOCATED ON THE NORTH SIDE OF WIGGINS PASS ROAD JUST
NORTH OF ENTRANCE TO GULF HARBOR SUBDIVISION - ADVERTISING AUTHORIZED FOR PUBLIC
HEARING JULY 10. 1979
Commissioner Archer moved. seconded by Commissioner P1stor and carried
unanfmously 5/0, that Petition R-79-9-C, W.L. Bainbridge, request for rezoning
from "A" to "RM-1'. for property in Section 16. Township 48 South, Range 25 East.
located on the north side of Wiggins Pass Road just north of entrance to Gulf
Harbor Subdivision be authorized for advertising of public hearing July 10, 1979.
&GOK 046 PAGE 475
'600K 04.6 P~GE 476
May 8, 1979
PETiTION R-79-8-C, BARNETT BANKS TRuST COMPANY, REQUEST Fon REZONING FROM "GRC"
TO "PUD" FOR PROPERTY IN SECTIONS 29 AND 32, 160S, R26E, LOCATED ON THE EAST
TRAIL SOUTH OF MYRTLE COVE ACRES - ADVERTISING AUTHORIZED FOR PUBLIC HEARING
JULY 10, 1979
Commissioner Archer moved, seconded by Commissioner P1stor and carried
unanimously 5/0. that Petition R-79-8-C, Barnett Banks Trust Company request
for rezoning from "GRC" to lOPUD" for property in Sections 29 and 32, Township
50 South, Range 26 East, located on the East Trail just south of MYrtle Cove
Acres be authorized for advertising of public hearing July 10, 1979.
CHAIRMAN AUTHORIZED TO SIGN GRANT APPLICATION FOR BUOY MARKERS AS WELL AS
AGREEMENTS BETWEEN THE COLLIER COUNTY ANGLERS ASSOCIATION, MARCO APPLIED
MARINE ECOLOGY STATION AND COLLIER COUNTY REGARDING SAME
County Manager Norman explained that the Parks and Recreation Department is
recommending th~t the Board authorize the signing of a grant application for buoy
markers and that the Collier County Anglers Association and the Marco Applied
Marine Ecology Station is requesting funds from tht BCC for assistance in constructio
of three (3) fish havens in the Marco and Ni.plts area.
Commissioner Archer moved, seconded by Commissioner Pistor and carried
unanimously 5/0, that the Chairman be authorized to sign grant applications for
buoy markers as well as agreements between the Collier County Anglers Association.
r~rco Applied Marine Ecology Station and Collier County regarding same.
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May 8, 1979
POSITION OF A Cor+IUNITY DEVELOPHFI;T BLOCK GRANT COORDINATOR AT PAY GRADE 34
A:JTHORIZED
County Manager Norman stated that the County has received prel1minar,y approva1
of a grant in the amount of $490,000 to rehabilitate housing and streets in a sma 1 1
section of Immokalee. He further stated that included in the grant application
are three positions -- a coordinator. inspector. and secretary.
Commissioner Archer moved, seconded by Commissioner Pistor. that the Board
authorize the establishment of the position of Community Development Block Grant
Coordinator at Pay Grade 34 and authorize the hiring of a qualified individual
upon official awarding of the grant.
In response to Commissioner Wimer. the County Manager responded to the
effect that when the grant is expired. the position of the coordinator would be
terminated.
Dr. Neno Spagna. Community Development Administrator. in response to
Commissioner Wimer. stated that he knows of no one presently employed by the Count)
who would qualify for this position.
Mr. Danny Crew, Principal Planner, expressed concern over whether three people
will be enough to handle the project. Fiscal Officer Harold Hall also shared this
concern. County Manager Norman noted the program is set up for one year but
commented it possibly could go over that time and it is a federal program that
is funded year after year.
Upon rall for the questi~n the motion carried 3/2 with Commissioners Wimer
and Wenzel dissenting.
Commissioner Wimer expressed his opposition to the project in that he feels th
temporary positions will ~ltimately turn into permanent positions for which the
County will be responsible.
Commissioner Wenzel commented that the money being utilized for this project
should be applied to the national debt.
RESOLUTOIN 79-67 A}IENDING PREVIOUSLY ADOPTED RESOLUTION REGARDING PETITION
V-77-20-C
County Manger Norman explained that a zoning resolution adopted in 1977 contai
a typographic error in the legal description.
aOOK 046 PACE 419
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tCC;\ 04 6 fACE 480
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Commissioner Wenzel moved, s~conded b1 Commissioner Archer and carried
unanimously 5/0. that Resolution 79-67 amending I previously adopted resolution
regarding Petition V-77-2o-C be adopted.
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Hay 8, 1979
SIX-YEAR CAPITAL IMPROVEMENT PF'lGRAM FOR THE CONSTRUCTION OF SIDEWALKS AND
BIKEPATHS - APPROVED: ENGINEERInG DEPARTMENT AUTHORIZED TO PROCEED WITH
CONSTRUCTION AND ADVERTISING FOR BIDS FOR SAID PROGRAM
County Manager "orman stated that funds have been programmed out of the FivE
Million Dollar Capital Improvement Program for a year's phase for the constructic
of sidewalks and bikepaths.
County Engineer Clifford Barksdale referred to a displayed map which showed
the locations of the priority projects; said projects are listed on a sheet
distributed to the Board in the Exp.cutive Summary. He explained that $156.000 ha
been programmed from the Bond Issue and the utilization of CETA employees will
be written as a requirement into the project contracts through which an addition!
$12.000 could be made available for the work. Mr. Barksdale stated that prioriti
1 through 6C as shown on the priority listing are estimated at a cost of $251.400
County ~~nager Norman explained that the CETA employees employed by the
contractor will be paid 50% with CETA funds.
After a bri~f discussion. Commissioner Pistor moved. seconded by Commissione
Wimer and carried unanimously. that the proposed projects for the years 1979-80
for the construction of sidewalks and bikepaths as shown on the priori~ listing
be approved and that the Engineering Department be authorized to proceed with the
construction and advertising for bids for priorities 1 through 6C as indicated.
In response to the Fiscal Officer, Mr. Barksdale explained that construction
will only be undertaken up to $156,000 which is authorized in the Bond Issue.
Mr. Mike Zewalk, North Naples Civic Association. r,quested that the Board
list their priorities in the order that the smaller childrens' paths would be
constructed first.
Upon discussion of the motion made, Commissioner Pistor amended his motion
to the effect that the Board approve the proposed Six-Year Capital Improvement
Program for the construction of sidewalks and bikepaths as listed on the priority
sheet and the Engineering Department be authorized to proceed with the constructic
and advertising for bids for priorities 1 through 6C as indicated. Commissioner
Wimer seconded the motion and it carried unanimously 5/0.
BOOK 046 PACE483
600K 04.6 l'ii:t4 84
May 0, '1979
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At this point. Commissioner Wenzel left the meeting -- 11:37 A.M.
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CH2M HILL AUTHORIZED TO PREPARE AN UPDATED ESTIMATE OF THE COST TO CONSTRUCT THE
RECOMMENDED IMPROVEMENTS TO THE LELY CANAL, SOUTH OF U.S. 41 AND THE SPREADER
WATERWAY AT THE SOUTH END OF THE LELY CANAL
Commissioner Wimer moved, seconded by Commissioner Archer and carried
unanimously 4/0 with Commissioner Wenzel absont at the time of the vote, that th~
Board authorize CH2M Hill to prepare an updated estimate of the cost to construc~
the recommended improvements to the Lely Canal south of U.S. 41 and the spreader
waterway at the south end of the Lely Canal.
ROUTINE BILLS - APPROVED FOR PAYMENT
Commissioner Archer moved. seconded by Commissioner Wimer and carried
unanimously 4/0 with Commissioner Wenzel absent at the time of the vote, that
the followin9 bill~ be approved for payment per the Fiscal Offfc6r's statement
that the funds are available:
FUND
BCC & CETA Payroll
General Revenue
Road & Bridge #2
Golden Gate Fire
Sewer Dist. "A" Revenue
County Water System
County Water Supply
Systems Development Clearing
WARRANT NOS.
60291 - 60484
006529 - 006820
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S.W. FLORIDA REGIONAL PLANNING COUNCIL MEMBERSHIP PAYMENT - APPROVED IN THE AMOUNO
OF $5.167.50
Commissioner Archer moved. seconded by Commissioner Pistor and carried
unanimously 4/0 with Commissioner Wenzel absent at the time of the vote, that
the S.W. Florida Regional Planning Council membership payment be approved in
the amount of $5,167.50.
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Commissioner Wenzel returned to the meeting at 11:40 A.M.
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PAYMENT TO CH2M HILL FOR GOODlAND WATER DISTRICT SURVEY - APPROVED IN THE AMOUNT
OF $2.114.38
Commissioner Pistor moved. seconded by Commissioner Wenzel and carried
unanimously 5/0, that the Board authorize the p~nt to CH2H Hill for work
performed for the Goodland Water District Survey to be paid through the General
Fund in the amount of $2,114.38.
BUDGET AMENDMENT 79-86 TRANSFERRING FUNDS TO COVER COST OF TEMPORARY HELP AND
TRANSFER OF SURPLUS - ADOPTED IN THE AMOUNT OF $1.774.00
Commissioner Pistor moved, seconded by Commissioner Archer and carried
unanimously 5/0. that Budget Amendment 79-86 transferring funds to cover the
cost of temporary help and transfer of surplus be adopted in the amount of
$1.774.00.
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&OOK 046 PAGE (85
Hay 8, 1979
ADMINISTRATIVE AIDE NOTES RECEIPT OF LETTERS REGARDING THE COMPREHENSIVE
pLAN AND THE COASTLAND BLVD. PR~'~CTS
Mary Morgan, Administrative Aide to the Board. noted that letters have
been received from various individuals regarding the Comprehensive Plan and
the Coastland Boulevard project.
UTILITY DIRECTOR DIRECTED TO DRAFT APPROPRIATE RESPONSE TO THE NAPLES AREA
CHAMBER OF COMMERCE REGARDING THE PROGRESS STATUS OF THE ESTABLISHMENT OF
A POTABLE WATER SYSTEM WITHIN THE COUNTY
Administrative Aide to the Board Mary Horgan stated that a letter has been
received from the Naples Area Chamber of Commerce regarding an agreement between
the County and the City of Naples with respect to the establishment of a potable
water system within the County and the timetable for construction and implementatil
of same and expresses concern as to whether the project is on schedule.
Commissioner Pistor commented that the project is on schedule IS planned
and the necessary reports should be submitted by July 1. 1979 and that, barring
unforeseen circumstar.ces. the County should be supplying water by 1982 as per
the contract.
Commissioner Wimer moved, seconded by Commissioner Pistor, that the Utility
Director be authorized to draft an appropriate response to the Chamber of Commerce.
Utility Director Berzon also assured the Board that the project is on
schedule and there should be no problems in carrying out the terms of the agreement
Upon call for the question the motion carried unanimously 5/0.
FISCAL OFFICER DIRECTED TO COMPLETE QUESTIONNAIRE FROM THE STATE ASSOCIATION
OF COUNTY COMMISSIONERS RELATING TO GENERAl REVENUE SHARING TO BE RETURNED TO
THE FLORIDA LEAGUE OF CITIES
Fiscal Officer Harold Hall explained that the Florida League of Cities is
getting information to support the renewal of the Gener~l Revenue Sharing Program
of federal government and the SACC will be completing and tallying the results
to be forwarded to the League.
Commissioner Archer moved, seconded by Commissioner Wimer and carried
unanimously 5/0. that the Fiscal Officer be authorized to complete the questionnair
from the SACC relating to the General Revenue Sharing program to be returned to the
Florida League of Cities.
6CCK 046 PAGE 4.87
600X 046 PAci:488
May 8. 1919
LEAVE OF ABSENCE FOR VIRGIL SHENE~IELD - APPROVEO
Commissioner Wenzel moved. seconded by Commissioner Pistor and carried
unanimously 510, that the leave of absence request by'Virgil Shenefield for
two months due to his illness be approved.
MISCELLANEOUS CORRESPONDENCE - FILED AND/OR REFERREO
There being no objection. the Chair directed that the fOllowing miscellaneous
correspondence be ffled and/or referred to the various departments as indicated
below:
1. Notico dated 4/25/79 from the Dept. of Administration that Grant
No. 79-AB-09-FF03, Naples Wilderness Alternative Program receiving
an extension of the subgrant period up through 10/31/79; xc to
Fiscal Officer and Project Coordinator; filed.
2. Copy of letter by GAC sent to property owners in Golden Gate Estates
regarding the recent Federal Trade Commission ruling; copy of FTC
letter from Bureau of Consumer Protection; copy of Show Cause order;
f 11 ed .
3. Letter dated 4124/79 from GAC Utilities, Inc. of Florida regarding
the annual gross r~ceipt tax for Golden Gate Utilities Divisfon
indicating that no tax is due as property taxes for ~he period are
greater than 1S of the gross revenues; xc to Utili~ Director; filed.
4. Copy of County's answer to the Ci~ of Naples Suit re double taxation.
Case 179-0355-CA-OI-CTC; filed.
5. Letter dated 4/30/79 from American Ambulance advising BCC that one
ambulance was involved in an accident while in Lee County; filed.
6. Copy of letter from OER dated 4/26/79 to HASCO of Naples. Inc. re
pennft No. CS52-11-5975 dated 4/26/79 issued to Forest Lakes V.
Building E & F to connect to the City of Naples sewage treatment
plant; xc to Utility Oirector; filed.
7. DER notice dated 4/25/79 of rule hearing postponement; xc to
Utflity Director; filed.
8. Notice dated 4/24/79 from the Area Agency on Aging that the public
hearings of the South Central Fla. Plan of Action for FY 1979-80
have been scheduled; xc to Health Director; filed.
9. Letter dated 4/26/79 f~n Senator Stone acknowledging receipt of
letter regarding School Prayers; filed. '
10. Copy of letter dated 4/30/79 from the Deltona Corporation to the
Federal Insurance Administrator in Washington re the disposition of
thefr appeal of the preliminary flood plain maps for Collier County;
f 11 ed .
11. Letter dated 4/30/79 from Sgt. Doug Caperton received 5/3/79
regarding the need to continue the Naples Wilderness Program; filed.
May 8, 1979
12. PSC Notice dated 4/3017~ stating that a commission hearing has
been scheduled on Docke'. No. 780777-TP rogarding the United
Telephone Company of Florida and the general investigation of
the level of earnings, adequacy and quali~ of service; filed.
13. Monthly Reports received from the BUilding Department and Animal
Control; ffled.
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There being no futher business for the good of the County, the Chair
directed the meeting be recessed at 11:50 A.M.
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The meeting was reconvened at 7:30 P.M. with the following in
ilttendance:
VICE-CHAIRMAN: Clifford Wenzel
John A. Pfstor
C.R. "Russ" Wimer
Thomas P. Archer
A3SENT: David C. Brown. Chainman
ALSO PRESENT: Dr. Neno J. Spagna, Community Development Administrator;
Dr. Jay Harmic, Environmental Consultant; Dr. Danny Crew, Principal Planner;
Lee Layne, Planner; Robert Dunivan, Urban Traffic Planner; Richard Henderlong,
Planner; and Edna Brenneman. Deputy Clerk.
ORDINANCE 79-32 RE PETITION CP-78-1C, PLANNING DEPARTMENT, THE COMPREHENSIVE
PLAN OF COLLIER COUNTY, FLORIDA. AS MODIFIED - ADOPTED
Legal i.otice having been published in the Naples Daily News on April 22. 1979
as evidenced by Affidavit of Publi.ation filed with the Clerk. the second of two
public hearings re Petition CF..711-1C by the Planning Department concerning the
enactment of an ordinance establishing The Comprehensive Plan of Collier County.
Florida, was held.
Community Development Administrator Neno Spagna, reported that on April 24,
1979 the various elements of the Comprehensive Plan were reviewed in pUblic hearing.
At that time. said Dr. Spagna. there was a considerable amount of discussion with
regard to suggestions for changes in the proposed Plan and the land Use Element
of the Plnn has been revised to reflect those changes, as requested by the Board
eeex 046 PAGE 489
'&OOK 046 f:,~i, 490
May 8. 1979
of County Commissioners. as wel: as the inclusion of some of the suggestions
made by members of the audience.
Planner Lee Layne reviewed the changes made in the subject Element which
the Board directed the staff to make prior to the second public hearing. said
changes being located on the series of maps displayed. Following the first
public hearing. said Ms. Layne. Commissioner Wimer suggested further Changes
in various work study areas and land uses for Board consideration this date.
lIS fol lows:
1. Work Study Area 1 - Section 36 - Dens1~ to be decreased from 0-4
to 0-2
Section 31 - From "A" to 0-2
2. Work Study Area 2 - Section 1 - Density to be decrea~ed from 0-4
to 0-2
Sections 5, 6 and 8 - from "AM to 0-2
Pulling commercial proper~ - Changed to 0-4
3. Removal of commercial zoning from the Pine Ridge Interchange
4. Reduce commercial zoning along US 41 from High Point to the Twin Lakes
area providing a buffer zone of density varying from 0-6 to 0-4.
Ms. Layne read into the record two letters received since the first public
hearing. as follows:
1. Letter dated April 24, 1979 from Helen M. Chadwick, property owner.
requesting consideration be given to commercial zonin~ for the area
extending from Highway 41, south side of Pine Ridge Road, to Frank-
Goodlette Blvd. on the east side.
Ms. Layne stated that the recommendation is that the zoning remain 0-6 due t
the fact that an increase in stop-and-go traffic 1s not needed on that road which
is destined to be a main worridor ~o 1-75.
2. Letter received Hay 8. 1979 from Darlene Davidson. local resident.
urging the Board to consider establishing a medium-cost housing area
in the County.
Dr. Spagna stated that there is general concurrence with Commissioner Wimer'
suggestions with regard to zoning changes 1n the Land Use Element, as outlined.
Ms. April Boucher, local resident. expressed concern over the lack of park
facilities in the County and suggested that the Parks Element of the Land Use Plal
should provide for a park which could be used for gymnastic activities and to
include a jogging path. The'matter was discussed in some detail with Planner
May 8, 1979
Richard Henderlon9 explaining what is being planned for the future, locatfng
the various areas where parks are being planned and the type of park facilities.
Vice-Chairman Wenzel expressed appreciation to the speaker for her comments and
suggestions and recommended that Hs. Boucher make a presentation to the Parks
and Recreation Advisory Board in an attempt to "sell them" on her ideas.
Mr. Lawrence Moore, representing the Collier Coun~ Conservancy, Inc., stated
that the Plan is strongly supported and urged that all steps be taken to adopt
the Plan as soon as possible. Mr. Moore's comments wert primarily concerned
with the Traffic Element of the Plan and, referring to a prepared statement,
expressed either concurrence with the Plan or provided recommendations for
changes. Dr. Spagna commented that the speaker's comments and recommendations
would apply to future deliberations at which point the Objectives and goals of
the policies would be considered with such recommendations taken into consideration
Hr. Gus Fisher, Attorney, represented the owners of 600 acres in Section 2.
Township 50 South, Range 26 East, at the southeast corner of Alligator Alley and
SR 951. It is being requested, said Mr. Ffsher, that consideration be given to
commercial use to the parcel on SR 951 across from the industrial parcel. Dr.
Spagna stated that there is a considerable amount of commercial property in that
area to the south and to the north; however, the request would not necessarily be
"shut out" for future consideration.
Mr. John Steinwand, representing the Naples Area Board of Realtors. stated
that he was awaiting the Planning Department's responses to suggestions with regard
to low-cost housing for the County, as were discussed during the previous public
hearing. Dr. Spagna responded by stating that since that hearing, the staff has
been attempting to address some of the suggestions which were raised on the subject
with the following results:
1. Develop a zoning district which would encourage low, modest-cost
housing.
The matter has been brought before the Coastal Area Planning Com-
mission with the suggestion forthcoming that a committee be formed.
to include Mr. Steinwand, to prepare a recommendation for Board
review.
2. Obtain front-end financing for land acquiSition costs and for
development costs.
6GOK 046 PAGE491
BeOK 046 i:;.~~ 492
May 8, 1979
A report has been p'.,pared, responding to the 1978 Act passed by
the Legislature. autnorizing the Board to establish a Housing
Finance Authority. If established, the intent would be to bring
new money into the community which could be passed on to lending
institutions at a low interest rate which could then be utilized
by the developer or the home-owner at a lower rate. The purpose
fs not to compete with private enterprise but rather to introduce
new money which would otherwise not be available.
3. Government Grants under Section 8 of the Housing Act.
This would provide for assistance. in fact subsidizing, housing
for certain people within a certain fncome range.
Dr. Spagna suggested that, while these matters are being investigated, the
Board proceed with the adoption of the Comprehensive Plan and instruct the staf
to make whatever changes are necessary in the Goals, Objectives and Policies.. to
directly address these particular situations and, more or less, encourage their
implementation as part of the implementation of the Plan.
Mr. Steinwand stated that he is encouraged by the work which has been done
the staff and his fears somewhat alleviated in that the Plan would be adopted w
out some racogn'ition given to the matter under discussion. He further stated tl
he looked forwarded to working with the CApe and the committee to be establishl
in addressing the problem.
Mr. R.L. "Tad" Fraser. of the Florida Power & Light Company, noted that he
was present to publicly thank Dr. Spagna and his staff for their cooperation in
development of the Utility Element and to state that his firm is completely sat.
with the subject Element in its present context.
Mr. Thomas E. Gallagher. local resident, referring the the zoning for the
area surrounding the 1-75 interchange at Pine Ridge Road, detailed his experienc
in a like situatfon in his former community and the problems encountered. He ur
the County to give deep thought to providing sufficient commercial zoning to
provide for the future. and set up the amenities desired including the type of
structure and archit~cture, in order to avoid a proliferation of rezoning reques
which, if denied, are difficult to defend in the courts. He offered his
assistance to the Board if ft would be of help. Dr. Spagna observed that the
speaker's comments were "well taken" and that he and his staff are looking into
the future in an attempt to prepare the best plan that their vision and resource
can provide at the present time.
May 8, 1979
In summary, Dr. Spagna voiced support for the changes recommended by
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Commissioner Wimer, as previously outltned, and that the Goals, Objectives and
Policies of the Plan be revised to reflect the new thrust of the housing problems
discussed during the hearing. It was hts rtcommendatton that the Plan be adopted
with the immediate implementation of said GoalS, ObJecttve~'and Policies. A
further recommendation. said Dr. Spagna, is for the Board to direct the staff
to undertake to reconcile whatever differences in zoning there may be from the
existing zoning districts which may be slightly .out of step" with the official
Land Use Element of the Plan. Also, he said that consideration should be given
to authorize that all of the rezones submitted prior to the current date be
considered under the exfsting comprehensive plan, with everything received after
the adoption of the Plan to be considered as having to comply with the Plan.
There being no futher persons registered to speak, Commissioner Pistor moved.
seconded by Commissioner Archer and carried 4/0 with Chainman Brown not present,
that the public hearing be closed.
Commissioner Archer moved that Ordinance 79-32 re Petition CP-78-1C by the
Planning Department, establishing The Comprehensive Plan of Collier County, as
submitted. with the inclusion of the alternates for the Housing Element, and
the amendments to the Plan which have been made during the hearing. be adopted and
entered into Ordinance Book No.9. The motion was seconded by Commissioner P1stor.
The motion was amended by the maker and the seconder to include the Technical
Report as a Supplementary Document to the Plan, following which the motion was
carried 4/0, with Chairman Brown not present.
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6COK 046 PAGE493
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May 8; 1979
Commissioner Wimer moved that the staf' be instructed to immediately start
with the correlation of the zoning to match up ~th the Plln. Commissioner Pistor
seconded the motion which carried 4/0 with Chairman Brown not present.
Commissioner Wimer moved that all rezones submitted prior to the adoption
of the Plan be processed under the old conditions and that all nlW ones received
after the adoption of the Plan be processed in accordance with the Goals, ObjectivE
and Policies of the Plan. Commissioner Pistor seconded the motion which carried
4/0 with Chairman Brown not present.
Dr. Spagna expressed his appreciation to the various planning commissions.
the citizens. the persons who served on the many committees for their assistance
in preparing the Plan. and to the Board of County Commissioners for being a
forward-thinking and visionary group to prepare and adopt the Plan. Also, said
Dr. Spagna. he wished to thank all of the staff members who worked so hard on
the Comprehensive Plan. Vice-Chairman Wenzel expressed the Board's gratitude
to the public in att.endancf.
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There being no further business for the good of the County. the meeting
was adjourned by order of the Chair -- Time 8:50 P.M.
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OARD OF COUNTY COMMISSIONERS/EX
ICIO GOVERNING BOARD(S) OF SPECIAL
D ICTS UNDER ITS CONTROL
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ATTEST:
W!~U~ ~aREAGAN,
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600K 046 rAtE 495