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BCC Minutes 05/22/1979 R ;' ~ Hapl.., Florida, .,~ 22, 1979 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 "F" of the Courthouse Complex with the fOllowing members present: CHAIRMAN: David C. Brown VICE-CHAIRMAN: Clifford Wenzel John ^. P1stor Thomas P. Archer ABSENT: C.R. MRuss" Wimer ALSO PRESENT: William J. Reagan. Clerk~ Harold L. Hall. Chief Deputy Clerk/Fiscal Officer. Edna Brenneman. Deputy Clerk. C. William Norman. County ~~nager; Irving Berzon. Utility Director. Neno J. Spagna. Community Development Administrator; Anthony Pires. Assistant County Attorney~ Carl Clemmer. Zoning Director; ~Iary Morgan. Administrative Aide to the Board. Clifford B~rksdale, County Engineer. and Deputy Chief Raymond Barnett. Sheriff's Department. I AGENDA BOARD OF COUNTY COMMISSIONERS FINAL AGENDA May 22, 1979 NOTICE: ALL PERSONS SPEAKING ON ANY AGENDA ITEM MUST REGISTER PRIOR TO THE ITEM BEING BEARD. . REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE tlUBMITTEB TO THE COUNTY MANAGER AT LEAST ONE WEEK PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS" AT 11:00 A.M. 1. INVOCATION 2. PLEDGE OF "ALLEGIANCE 3. APPROVAL OF AGENDA 4. APPROVAL OF MINUTES: May 8, 1979 5. PROCLAMATIONS AND PRESENTATIONS OF AWARDS A. Proclamation of Vietnam Veterans Week - May 28 _ June 3. &OOK 046 rA~! 558 '," :.May 22, 1979 aOOK 0(6' fACE563 >'i':\ '~~.. i/.'. AGENDA - APPROVED WITH ADDITIONS Commissioner Pistor moved, seconded by Commissioner Wenzel and carried unanimously 4/0 with Commissioner Wimer not present. that the agenda be approved with the fOllowing additions: 1.' Authorization for Chairman to sign necessary documents re additional funds in conjunction with Mental Health Clinic Grant. 2. Request for permit to conduct clairvoyant business in County _ processed by the Clerk to the Board. MINUTES OF MEETING OF MAY 8, 1979 - APPROVED Commissioner Wenzel moved. seconded by Commissioner Archer and unanimously carried 4/0 with Commissioner Wimer not present. that the minutes of the meeting of May 8. 1979 be approved as presented. PROCLAMATION ESTABLISHING THE WEEK OF MAY 28 THROUGH JUNE 3. 1979 AS VIETNAM VETERANS WEEK - ADOPTED Followin~ his reading of same. Commissioner Archer moved. second~d by Commissioner Pistor and unanimously carried 4/0 with Commissioner Wimer not present, that the following Proclamation establishing the week of May 28 through June 3, 1979 as Vietnam Veterans Week be adopted. Receiving the signed proclamation on behalf of the Veterans' Services and the Vietnam Veterans was Assistant County Manager John Walker. * * * * * * * * * * * * * * * * DOOK 046 PAGE565 May 22. 1979 FAREWELL COMMENTS FROM ASSISTANT COUNTY AGRICULTURE AGENT DALLAS TOWNSEND tRIOR TO HIS DEPARTURE TO ASSl"lE t-I~ ASSIGNMENT Prior to his farewell comments, Agriculture Extension Agent Dallas Townsend extended an invitation to the Commissioners and their families to attend the Collier County Cattleman's Association Barbeque to be held in Immokalee on May . 26. 1979. Mr. Townsend advised the Board that he will be leaving his position with the County to assume the Director's position in Hendry County and expressed his ~ppreciation to the Board of County Commissioners and the other County officials for the privilege of serving them for the past 13~ year.. SOCIAL SERVICES CASES NOS. W-6444 AND W-I039 - APPROVED Commissioner Wenzel moved. seconded by Commissioner Pistor and unanimously carried 4/0 with Commissioner Wimer not present. that Social Services Cases Nos. W-6444 and W-I039 be approved. FIRST OF TWO PUBLIC HEARINGS RELATING TO THE PROPOSED CONSTRUCTION OF WILLOUGHBY ACRES AREA WATER AND SEWER IMPROVEMENTS - FINAL ACTION TO BE TAKEN MAY 29. 1979 FOLLOWING SECOND PUBLIC HEARING Legal notice having been published in the Naples Daily News on May 6 and 13. l' as evidenced by Affidavit of Publication filed with the Clerk, the first of two public hearings was opened to consider the proposed construction of assessable watel and sewer improvements in the Willoughby Acres area of the County Water-Sewer Distr" Utility Director Irving Berzon explained that the hearing is not a legally-reql public hearing but is held upon the recommendation of the FmHA to establish beyond any doubt that the affected property owners are aware of and approve of the total c( of the proposed improvements. prior to their acting upon an application for financii assistance. He said that the FmHA has given indication that favorable consideratior could be given to providing some form of financial assistance for the project - mosl likely a loan. Mr. George HarriSOn, resident of Willoughby Acres, inquired why steps have not been taken to solicit bids for the project which is wanted by the people of the subj area. Mr. Berzon responded by stating that no progress could be made until the 'ega May 22, 1979 of the Water-Sewer District ~as .:stabl1shed and that, IS soon IS that issue was resolved in the courts. a pre-application was filed with FmHA; however. he said that until the County can approach the circuit court with the program that spells .. .. . I out in the brief to be filed with the courts how the proJect will be financed, thl is no way the court will validate bonds. Mr. Willard F. Schade. resident of Willougby Acres Subdivision, reading in part from a prepared statement. expressed enthusiasm for the proposed improvement! DS a long-term benefit to the area, however, he expressed concern over the propos! rezoning of approximately 22 acres at the south of the Subdivision from "RS-3" to "RM-l" and the manner in which this acreage is to be assessed. Commissioner Wenzel advised the speaker that the rezoning petition referred t is scheduled to be heard later in the session and that it would be desirable to a~ the outcome of that decision before addressing further the concerns regarding assessing the property in question. Commissioner Archer noted the absence of Corm Wimer and the policy of the Board that no rezoning petitions would be heard unless there is a full Board present. It was the consensus of the Board that the policy not be waived and that action on the subject petition be continued when it comes up on the agenda this date. County Manager Norman noted that Mr. Elwood Witt was registered to address th Board but was not present when called upon. Commissioner'Wenzel moved. seconded by Commissioner Pistor and unanimously carried 4/0 with Commissioner Wimer not present. that the public hearing be contini until May 29. 1979. at which time the second of the two public hearings will be held. Commissioner Pistor inquired if the use of a secondary water system could be added to the project if it is shown to be a good idea. Mr. Berzon responded in the affirmative. if feasible. PETITION BY BAYCO OF COLLIER COUNTY AND ISLANDS OF THE SEA, INC., FOR VACATION OF 7~' ALLEYWAY ON LOTS 3-12 AND 38-48. BLOCK 18, COLLIER CITY SUBDIVISION (CONTINUED FROM APRIL 24. 1979) - CONTINUED UNTIL JULY 10. 1979 AT REQUEST OF PETITIONER Legal notice having ~een published in the Marco Island Eagle on AprilS and Ii 1979 as evidenced by Affidavit of Publication previously filed with the Clerk. pubi MDK 046 PAGt 566 BOOK 046 PACE567 May 22, 1979 hearing was continued from April 24, 1979 to consider. petition by Bayco of Colli! County and Islands of the Sea, Inc., for vacation of . 7~' alleyway on Lots 3-12 and 38-48. Block 18, Collier City Subdivision, Marco Island, Florida. Having been advised by County Engineer Clifford Barksdale that the petitioner has requested that the petition be further continued, Commissioner Wenzel moved. , seconded by Commissioner Pistor and carried unanimously 4/0 with Commissioner Wimel not present, that the public hearing re subject petition filed by Bayco of Collier Count and Islands of the Sea. Inc., be continued until July 10, 1979. RESOLUTION 79-76 RE PETITION BY NICK AND DOMENICK LA GRASTA REQUESTING VACATION OF A 7~' UTILITY EASEMENT ALONG EASTERN BOUNDARY OF LOT 11, BLOCK 3, NAPLES PARK UNIT 1 - ADOPTED Legal notice having been published in the Naples Daily News on May 6, 1979 as evidenced by Affidavit of Publication filed with the Clerk, pUblic hearing was opened to consider a petition filed by Nick and Domenick LaGrasta requesting the vacation of a 7~' utility easement along the eastern boundary of Lot 11, Block 3. Naples Park Unit 1. County Engineer Clifford Barksdale advised that the petition was reviewed by his staff. with no objection forthcoming. by the Chairman of the Water Management Advisory Board and the Utility Director who recommend approval~ and that letters of "No Objection" have been received from the utility companies. There being no persons registered to address the matter, Commissioner Wenzel moved. seconded by Commissioner Archer and carried 4/0 with Commissioner Wimer not present. that th~ public hearing be closed. Commissioner Pistor moved to accept the recommendation of staff and approve the petition of Nick and Domenick LaGrasta for the vacation of a 7~' utility easeme along the eastern boundary of Lot 11, Block 3, Naples Park Unit I, and that Resolut 79M76 pertaining thereto be adopted. The motion was seconded by Commissioner Wenzel and carried unanimously 4/0 with Commissioner Wimer not present. * * * * * * * * nOCK O~ PACE 569 May 22, 1979 RESOLUTION 79-77 RE PETITION CCSL-79-2C BY SUBOCEANIC CONSULTANTS, INC.. REPRESEN POWER CORPORATION. REQUESTIN~ VARIANCE FROM THE COASTAL CONSTRUCTION SETBACK LINE PRINCESS DEL MAR AND PRINCE PROJECTS. MARCO ISLAND - ~OOPTED WITH STIPULATIONS Legal notice having been published in the Marco Island Eagle on May 3. 1979 evidenced ~y Affidavit of Publication filed with the Clerk, pUblic hearing was he to consider Petition CCSL-79-2C by Suboceanic Consulants, Inc.. representing the Power Corporation. requesting a variance from the Coastal Construction Setback Li for the Princess Del Mar and the Prince projects, Marco Island. Florida. Community Development Administrator Neno Spagna. referring to the Executive Summary and the exhibits previously distributed to the Commissioners. detailed th structures and improvements proposed for the subject projects seaward of the Coas Construction Setback Line. It is being recommended. said Dr. Spagna. that the val be granted subject to the stipulations set forth in the Resolution being presentel for adoption, the petitioner having agreed to said stipUlations. A discussion of the variances being requested followed during which Dr. Spagr pointed out that tho 7' high privacy wall for each building is recommended for del however, recommended for approval is a variance with regard to a 6' high privacy wall for the Princess Del Mar project to provide privacy from the MICA private (pL beach area. There being no persons registered to address the SUbject. Commissioner Wenzel moved, seconded by Commissioner Pistor and unanimously carried 4/0 with Commission Wimer not present, that the publiC hearing be closed. Further discussion was held regarding the proposed landscape wall and its proximity to the vegetation line with Mr. D.T. Tackney, of Suboceanic Consultants, Inc., Engineer for the project. explaining that the landscape wall is a 2'10" wall located well upland of the vegetation line and upward of the dune. He said that the survey was done by the State. the vegetation line has grown seaward and it is estimated that the SUbject wall is approximately 70' from the present vegetation 1 He further advise~ tha~ the applicant has agreed to withdraw the application for t priVACY wall between the two buildings. and to the south, and modified the privacy wall to the north so that it will be no higher than 42" seaward of the Setback Linl tapering down to the small landscaping wall across the front. ~ "t ';~J>t,:~.i~~,~~~{;,~:, , I,) ,'",'1.'{'" ,'<~?'f ,',j;jtt"". ' " ":.'~':I',.'" "~,'r~~t.'''.~ ,",:'~'\_f"" ': . ,.;,".'MaY:22'~:;i979,.'., ;,';'J~7':" i~':,[:~~~",;.I;.~: ,'.. Conmissioner Wenzel moved that Reso,luti~~}~~7,,7,:r.<gardfng Petition CCSL-79-2C as outlined, be adopted based on the recommendatfons of the staff. The motion was seconded by Conmissioner Pistor and carried unanimously 4/0 with Commissioner Wime .' not present. . . . . . . . . * . . . . . * * * * * * * * * * * * . * * BOOK 046 PACE570 May 22. 1979 PETITION R-?9-4-C, WILLIAM Bf,RTON. TRUSTEE, REQUESTING REZONING FROM "RS-3" TO "RM-l" ON PROPERTY LOCATED IN SECTION 24, T48S, R25E . PUBLIC HEARING CONTINUED UNTIL MAY 29. 1979 Legal notice having been published in the Naples Daily News on April 20. 197! as evidenced by Affidavit of Publication filed with the Cterk.,public hearing was opened to consider Petition R-79-4C, by William Barton. Trustee, requesting rezon' from "RS-3" to "RM-l" on property located in Section 24. Township 48 South. Range 25 East. Commenting on Commissioner Archer's statement made earlier with regard to the Board's policy of having a full Board present to act upon rezoning matters, Commissioner Wenzel moved that Petition R-79-4C be continued until May 29. 1979. The motion was seconded by Commissioner Pfstor and carried unan~mously 4/0 with Commissioner Wimer not present. In view of the Board's action. the individuals registered to address the mati were not heard at this time. PETITION RM79-6C. CONNIE AND SAMUEL HUBSCHMAN. TRUSTEES. REQUESTING REZONING FROM "RM-l" TO "GRC" ON PROPERTY LOCATED IN SECTION 12. T50S. R25E - PUBLIC HEARING CONTINUED UNTIL MAY 29. 1979 Legal notice having been published in the Naples Daily News on April 20, 197! as evidenced by Affidavit of Publication filed with the Clerk. public hearing was opened to consider Petition R-79-6C. by Connie and Samuel Hubschmann. Trustees. requesting rezoning from "RM-l" to "GRC" on property located in Section 12, Townsl 50 South. Range 25 East. Commissioner Wenzel moved. seconded by Commissioner Pistor and unanimously carried 4/0 with Commissioner Wimer not present. that Petition R-79-6C be continuE until May 29. 1979 to permit the petition to be heard by a full Board. It was noted that the individual registered to address the petition was not heard at this time. . PETITION A-79-2C. WALDON L. SUNDSTROM. APPEALING DECISION OF ZONING DIRECTOR TO STOP WORK ON BOATEL ON MARCO ISLAND (CONTINUED FROM 4/17/79) - DENIED. ADMINISTRAl DECISION UPHELD Legal notice having been published in the Marco Island Eagle on April 26. 197 as evidenced by Affidavit of Publication filed with the Clerk. public hearing was nOOK 046 PAGE 518 BOOK 046 PACE 519 May 22, 1979 opened to r?nsider Petition ~-79-2C filed by Waldon L. Sundstrom appealing the decision of the Zoning Director to place I stop work order on I proposed boa tel on Marco Island. Mr. Tracy Bolesky, Attorney, representing the petitioner, advised the Board . that his client was unable to attend the hearing and has requested that the peti1 be rescheduled for a later date. Commissioner Pistor commented that the matter' been continued in the past and, in view of the fact that there were many persons in the audience to be heard, requested that the petition not be continued. Mr. Boles~ pointed out that a continuance has never been requested prior to this date. noting that when it was scheduled previously, it was determined that tho appeal had not been advertised and, therefore. it was not heard. It was observed by Commissioner Archer that administrative appeals unlike zoning requests and the like, require only a simple majority vote of the Commissioners to make a decision Assistant County Attorney Pires stated that the problem that could arise is the petitioner himself. as a witness. would have various information and testimon in evidence relative to the petition and that the Board could make a determinatio if it wishes to have his testimony present during the course of the hearing or to proceed with the members of the County agencies. Chairman Brown noted that it is upsetting the machinery of government when an appointment is not kept and. furthe that he was desirous of having the pUblic understand that the machinery of govern' is a solemn transaction. Commissioner Archer moved that. in vIew of the comments made by the County Attorney. the legal advice, 'the petition be rescheduled for June 5. 1979 for a fi, determination. Commissioner Wenzel seconded the motion. Mr. Bolesky stated that due to his absence from the County from May 2, until May 17. 1979, he was unable to notify Mr. Sundstrom of the hearing to be held thi~ date until his return at which time he communicated the facts to him but that he (Mr. Sundstrom) ha~ left the"area. He said that he would have no objection to thE people in the audience voicing their opinions. at the pleasure of the Board. May 22, 1979 Following brief discussion. ~ommission.r Archer withdrew the motion on the floor and Commissioner Wenzel his seconding thereof, moving instead that the public hearing be closed. Commissioner Wenzel seconded the motion which carried unanimously 4/0 with Commissioner Wimer not 'present. ' Commissioner Pistor moved that Petition A-79-2C by Waldon L. Sundstrom appealing the decision of the Zoning Director, and requesting that the stop work order on the boatel be removed. be denied. After further brief diSCUSSion. Commissioner Pistor restated his motion to move that the decision of the Zoning Director. with regard to Petition A-79-2C, be accepted and that the zoning laws be upheld in that a septic system cannot be built on a differently-zoned piece of property. Mr. Pires adivsed that. in his opinion. it would be appropriate for the Board to have laid before it certain facts and information, pOSSibly by the different agencies. to bolster the determination and decision by the Board being made this date. Commissioner Wenzel stated that the action taken is no different than action taken on similar matters and that "we're treating everyone the same". following which he seconded the motion which carried unanimously 4/0 with Commissioner Wimer not present. Commissioner Pistor requested that the 80ard make a recommendation to the Planning Board that steps be taken toward rezoning the subject property to "RS-3" to conform with the rest of the properties in the area in question thereby removin~ a bad example of spot zoning. It was the consensus of the Board that this matter be taken up sometime in the future since it had no bearing on the matter at hand. Commissioner Archer inquired. in view of the action just taken. if any member of the audience would care to speak on the matter. Chairman Brown suggested the pOSSibility of one spokesman speaking for the group. Mr. Robert Kennedy. nearby resident of the property under diSCUSSion, stated that "We're very happy and thank you for taking the actfon that you did today". He also expressed the hope that consideration will be given to the suggestion by Commissioner Pistor to take action at a later date to clear up a troublesome situation and one which is getting worse. DDOK 046 PAGE 580 m~u~ Hay 22. 1979 Mrs. Arlene Key, Secretary to the Marco Island Civic Association, stated that the Association voted unanimously to formally protest and object to the issuance of permits for the construction of a boatel on the SUbject property. and voiced appreciation to the Board for the action taken. Mr. Pires observed that it is assumed that some action may be forthcoming by Mr. Sundstrom in response to the Board's actions this date and that, in his opinion, it would be best for the Board to establish I record to indicate to a court, if it is taken up before a court, that the action was not arbitrary or capricious. but, in fact, based upon reason, judgement. and articulate a bulletin of specific facts given to the Board. Commissioner Wenzel noted that it was based upon the Board's latest similar case which was J.P.'s Restaurant on the North Trail. There were several other persons registered to speak on the subject but declined the opportunity when it was afforded. The following letters were received with regard to Petition A-79-2C. all of which were opposed to the proposed use of the petitioner's property: 1. Dr. Maurice E. Friot - dated 5/11/79 2. Bruno J. Salvatori - dated 5/16/79 3. Ernestine and Roland Tcherkezian - dated 5/16/79 4. George and Helen Ann Perrin - Cable dated 5/17179 5. Gerald W. Lance - dated 5/15/79 6. Paul M. Giles - dated 5/15/79 7. G.C. Woodcock M dated 5/14/79 8. Richard and Elanor Rzaca - dated 5/18/79 9. Jane D. Campbell - dated 5/9179 10. Peter Wolff - dated 5/14/79 11. Clyde E. Bald, Jr. - dated 5/15/79 12. John S. Hashim. M.D. - dated 5/8179 13. Leon Duncan - received 5/10179 14. Leonard F. Llewellyn - dated 4/6179 15. Oavid S. and Alice B. Loveland - dated 4/25/79 16. Mrs. David S. Loveland - dated 4/27/79 17. Harry W. McNey - dated 4/29/79 18. Robert F. and Doris E. Zapora - 4/19/79 19. Mrs. Arthur H. Beard - dated 4/18/79 20. Witten and Janet McConnoch1e - dated 4/18/79 21. Jules L: Onichuk -"dated 5/14/79 22. John R. Lauritzen - dated 5/10/79 23. Laura and J. Clifford Blauvelt - dated 5/7179 24. Emily A. Wilson - dated 5/11/79 25. Howard B. and Una l. Greene - dated 5/15/79 May 22, 1979 CREATION OF A STREET-LIGHTING DISTRICT IN VICTORIA PARK II - ADVERTISING AUTHORIZED FOR PUBLIC HEARING JULY 10. 1979 Commissioner Wenzel moved. seconded by Commissioner P1stor and unanimously carried. that the proposed creation of a strelt-lightfng district in Victoria . .. . , Park II be advertised for public hearing July 10, 1979. PETITION V-79-11C. WILLIAM FARNSWORTH. REQUESTING SIDE YARD VARIANCE FOR LOT 43, UNIT A. NAPLES BATH AND TENNIS CLUB - ADVERTISING AUTHORIZED FOR PUBLIC HEARING JULY 10. 1979 Commissioner Wenzel moved. seconded by Commissioner Pistor and unanimouslJ carried 4/0 with Commissioner Wimer not present, that Petition V-79-11C by Williar Farnsworth. requesting a side yard variance for Lot 43. Unit A. Naples Bath and Tennis Club. be advertised for a public hearing June 19. 1979. Discus~ion followed concerning the fact that it had been previously agreed tl there would be no zoning matters scheduled on the agenda for the last two weeks in June and the first week in July in order to afford vacation time for the Commissioners who wish to take them at that time. It was the consensus of opinior that the subject three weeks be lIkept open" and that the Administrative Aide to the Board be advised of the Commissioners' vacation schedule which can be consider when preparing agendas for those dates. Upon motion by Commissioner Wenzel. the Board action taken with regard to Petition V-79-11C was rescinded and the subject petition authorized for advertisi~ for public hearing on July 10, 1979. The motion was seconded by Commissioner Pist and carried 4/0 with Commissioner Wimer not present. PETITION V-79-Sr. JOHNSON-SAWYER SEAFOOD. REQUESTING VARIANCE OF 151 FRONT YARD SETBACK IN "C-I" DISTRICT ON LOT 4. BLOCK 5, GOODLAND HEIGHTS SUBDIVISION _ ADVERTISING AUTHORIZED FOR PUBLIC HEARING JULY 10. 1979 Commissioner Wenzel moved, seconded by Commissioner Pistor and unanimously carried 4/0 with Commissioner Wimer not present. that Petition V-79-5C by Johnson- Sawyer Seafood. requesting a 151 front yard setback variance in .C-I" District on Lot 4. Block 5. Goodland Heights Subdivision, be advertised for public hearing July 10. 1979. DO OK 046 PAGE 582 BOOK 048 fAGE583 May 22, 1979 RECOMMENDATION RE REPEAT STRAW BALLOT PERTAINING TO NAPLES PARK LIGHTING MUNICIPAL SERVICE TAXING JISTRICT - ACTION PO~TPONED UNTIL 5/29/79 County Manager Norman reported that, pursuant to Board directive of April 25. 1979. wherein the staff was directed to come back to the Board with recommendation with regard to conducting a second straw ~allot/referendum on the issue of the creatio~ of a street lighting district for the Naples Park area, there are two approaches being suggested; namely Plan A - Balloting at a Fixed Polling Place, and Plan B - conducting the ballot by mail. He noted that details of the recommendation! are contained in the memorandum prepared by staff dated May 8. 1979, attached to the Executive Surnnary. together with other pertinent information on the matter. It was Commissioner Wenzel's suggestion that. since tke first vote was almost 50% for and 50% against. that instead of holding another referendum at this time. that it be put off until November. 1979 and held at the same time that balloting on the gasoline tax is held. He noted that this suggestion would mean that the decision would be held up for another tax year. Responding to Commissioner Archer. Commissioner Wenzel said that the results would be an official referendum with no excuse that it was just a straw vote. and the like. Mr. Red Jones. Naples Park resident. emphaSized the fact that the opponents of the lighting district won by five votes in the first referendum. pOSSibly more. which he is hopeful the Board will take into consideration and "kill the Naples Park Lighting District". In response to Commissioner Wenzel, Mr. Jones said that. if another vote is held. waiting until November to hold an offical referendum will be satisfactory. Mr. Maurice DeGraves, Naples Park resident. concurred with the comments of the previous speaker. and pointed out what he believes to be an error in the estimated cost for the lights. as presented by Coun~ Engineer Barksdale at the April 24. 1979 meeting. in that the cost would be $107 per light and not $12 as state. Mr. E.J. Avard. resident of Naples Park. stated, among other comments, that the extra taxes to'pay.for the lights could be used in better facilities than for lights. Mr. Carl Pauly, Naples Park resident, urged the creation of the lighting district. pointing out the need for lights in the area due to the narrow streets and May 22, 1979 deep swales ,n the cOll1llun1ty whic:l necessitates walking in the streets and that lights would protect the residents. He observed that the Board has established a ruling that every new subdivision must have water, sewer, roads and street light: and that "we want to be up to standard with the rest of the people". Chairman Brown interjected that he is fn favor of street lights for the reasor that it reduces crime and increases the safety of the people walking the streets at night. Mr. Gillis Metcalf. Naples Park resident, waIved his rIghts to speak. Mr. L.S. Cmmert. 7-year resident of Naples Park. cOII1lIented that ~we are alred! a lighting district", and asked the Commissioners to implement an existing lightin! district. Mr. Kenneth Williams. Naples Park resident, rebutted the statement by a previc speaker that haVing street lights does not deter crime, citing an example to illustrate. He stated that the power to establ1s~ or vacate a lfghting district ir Naples Park lies in the hands of the Commissioners and urged them to continue with the establishment of lights in Naples Park. Deputy Chief Raymond Barnett observed that the use of street lights does not reduce the number of crimes such as the type Naples Park experiences, but rather nloves such activities into other unlighted areas. thereby helping the lighted area reduce. its crime rate. Responding to Chairman Brown, Deputy Barnett said that installing lights in Immokalee would be of deffnite help in stopping the type of vandalism, and the like, which is prevalent there. Commissioner Wenzel suggested that. even though the majority of the people speaking are in favor of the lightfng distrfct. no action should be taken until the fifth Commissioner is present since the area is in his district and he should have the opportunity to vote. Commissioner Wenzel moved that action relating to the Naples Park Lighting . MuniCipal Service TaXing District be postponed until May 29, 1979. Commissioner Pistor seconded the motion. &OCX -0(6 PACE 584 neCK 0(6 PAGE 585 May 22. 1979 Commissioner Archer expressed the opinion that. as an elected official. it is his responsibility to accept respJnsibil1ty for the health. welfare and safety of all of the residents. and that he was prepared to vote~ however. he is willing to wait until the next meeting. Upon call for the question the motion carried 3/1 with Commissioner Brown . voting in opposition with the statement that he was ready to cast his vote this date, and with Commissioner Wimer not present. * * * * * * * * * . * . * * * * * RECESS: 10:07 A.M. until 10:15 A.M. * * * * " * * * * * . * * * * * * PERMIT GRANTEO TO CONDUCT CLAIRVOYANT BUSINESS IN COUNTY TO ANN KENNEDV MITCHELL Clerk William Reagan explained that a petition has been filed with the Board of County Commissioners requesting a license under Ordinance 72-3. in accordance with Florida Statutes 205. noting that the license is for the practice of astrology and palmistry. He said that the petitioner has complied with the pertinent sections of this ordinance and. unless the Commissioners do not want this type of business carried on in the County. there is no reason for not iSSUing the permit. It was noted that the staff had denied the permit with Mr. Reagan pointing out that Zoning Director Carl Clemmer has advised that the permit was denied because the applicant was not a registered voter and. upon checking. it was determined that the applicant is a registered voter as of May 21, 1979. He reiterated that she has complied with all of the regulations of the ordinance, such as presenting a birth certificate showir that she is a citizen of the United States, of good moral character, as attested to by five reputable residents of the City. and the like. Responding to Chairman Brown's concern that the permit has "been in the mt11s" for approximately two months, Mr. Reagan refuted such statement. alleged to have been published in the news media. noting that the staff had the request for permit for less than thirty days and that it was acted upon as qUickly as possible. He stated that he was not recommending that the permit be issued, only that she has complied with all of the regulations. May 22, 1979 Mr. Mil:,) Zewalk recalled th"t an ordinance was pused approximately six or seven years ago prohibiting the practice of clairvoyancy in Collier County and suggested that the records be researched in this regard. Mr. Reagan advised that the records have been checked and suggested that one.reason the ordinance was created was to establish certain regulations which must be followed. Commissioner Archer stated that he is of the opinion that there is no prohibition against the type of occuption under discussion~ however. certain criteria has to be met to obtain a license to actively pursue such occupation. Following additional brief discussion, it was Mr. Reagan's suggestion that the Board proceed with issuing the permit and have the Legal Department research the ordinance further and if it is found to be in violation of another ordinance. that a permit cannot be issued. the permit can be revoked. Commissioner Wenzel inquired if the validity of the birth certificate has been checked with Mr. Reagan noting that it is now being checked by the Supervisor of Elections. However. Mr. Reagan continued. the ordinance does not require an applicant to have a certificate of birth. it was merely requested in order that a voter registration c could be issued to show that she is a citizen and a voter in this County which is all that the ordinance requires. Mrs. Ann Kennedy. the applicant. outlined the difficulties she has experience. in her attempts to establish her business and said that to her knowledge she was told by the Tax Collector's office that the only way she could obtain an occupatiol license was to appear before the Board. She concurred with Commissioner Wenzel's statement that if. upon further investigation, it is found that some of her records are faulty. the license. if issued. can be revoked. Commissioner Wenzel moved that the license requested by Mrs. Kennedy be issued based on the facts presented with the understanding that if further investigations find that some of the facts are wrong, the license can be ,revoked. Upon being questioned by Commissioner Archer, Mrs. kenne~ stated that her legal name is Mrs. Ann Kennedy Mitchell (Mrs. Allen Mitchell) and that the license would be issued in that name. Commissioner Archer seconded the motion on the floor. whic carried 4/0 with Commissioner Wimer not in attendance. nOOK 046 PACt 586 BeCK 046 PAGE587 'l;;~~',"".:':'j;.~~;~~lt~~.~r~'.. .. " May 22,"'197t '. At ~Ir. Reagan's request. the Legal Department was directed to check the pertinent ordinance thoroughly to determine if there are a"y problems contained therein. DRAINAGE EASEMENTS FOR THE INSTALLATION OF DRINAGE FACilITIES IN CONNER'S VANDERBILT BEACH ESTATES. UNITS 1 AND 2 (~~C CLUGAGE, DE ANGELIS, CONCRETE INVESTMENT, INC.. AND RAIKE) - ACCEPTED FOR RECORDATION . Commissioner Wenzel moved. seconded by Commissioner Pistor and carried unanimously 4/0 with Commissioner Wimer not present, that the following Drainage Easements for the 1nst~11~t1on of drainage facilities in Conner's Vanderbilt Beach Estates. Units 1 and 2. be accepted for recordation, as recommended by staff: 1. Richard S. and Helen A. MacClugage 2. Alice M. DeAngelis 3. Concrete Investment. Inc. 4. Ronald H. and Audrey P. Ra1ke .. .. .. .. .. .. .. * .. .. * .. .. .. .. .. .. .. .. .. .. .. .. .. .. ~,I'..' ., '.,:, ,. :: 'i't:>l::~~~,s;; ,!", " Ha.r 22 ~ 1979.. ,,::,:,:':,:'\:~t\'i.,:f.;;~::~~;..},;;(~,~~l' r . ':"'~:'~~"-;'-' ....,~~ ~f...(1flj.!:'"i'~~; . !;.If,~;,\,:~, RESOLUTION 79-78 SUPPORTING THE ESTABLISHEHENr OF' A PARKING PROHIBITION IN FRONT OF THE ARCADJ:" THEATER. S.R. 29. IMMOKALEE . ADOPTED',." Following brief explanation by Count; EngfneerBarksdale as to the necessity for adopting a formal resolution regardfng the matt.r, Commissioner Pfstor moved. seconded by Commissioner Archer and unanimouSly carried 4ici w1ih Commissioner ~/imer not present. that Resolution 79-78 Supporting the Establfshement of a Parking Prohibition in front of the Arcade Theater, S:R. 29, Jmmokalee, be adopted. * * * * * * * * * * * * * * * * * * * DOCK 046 fAGE_ * * * * * * * * t ,." * BOOK D4:B fACE595 " . ~ ~;::}\I~/~-'?i::~~Et::~. May > 22'~197f,; . ~~,.~~:'.L:#;!~~::,,~ RESOLUTION 79-79 REQUESTING AMENDMENT TO CHAPTER 206, FlORIDA STATUTES, TO PROVIDE THAT THE FOURTH CENT OF THE FIRST GASOLINE TAX BE MADE AVAILABLE TO COUNTIES OF THE' STATE OF FLORIDA . AnOPTED . Commissioner Pistor moved, seconded by Commissioner Wenzel and unanimously carried 4/0'with Commissioner Wimer not present, that Resolution 79-79 requesting an amen~ment to Chapter 206. Florida Statutes which will return the Fourth Cent of the First Gasoline Tax to the counties of Florida for the purpose of constructing and maintaining County roads. be adopted, IS recommended by staff. . * . * * * * * * * * * * * * * * * * * * * * * * , . * May 22, 1979 PETITION PU.79-4C. MR. AND MRS. ~.\MES COLLINS, REQUESTING PU (2) OF "An DISTRICT FOR EARTH MINING AND EXCAVATION IN S10. T50S. R26E - DENIED Community Development Administrator Neno Spagna explained that Petition PU-79 is a request by Mr. and Mrs. James Collins for Provisional Us. (2) of the Agricult District for property located in Section 10, Township 60 South, Rang. 26 East. for commercial excavation purposes in order to obtain fill for future roads and buildi areas. He located the property. shown in orange on the map displayed. as being approximately 1~ miles south of Alligator Alley, on the west side of the Isles of Capri Road (C-951). He said that the petition has been reviewed and approved, subject to certain stipulations. by all of the appropriate review agencies. Dr. Spagna reported that the Coastal Area Planning Commission held its public hearing on May 3. 1979. continued from April 19, 1979, and it was recommended that the petition be forwarded to the Board with a recommendation that the petition be forwarded to the Board with a recommendation of denial because of the interruption of the subjPct are~ for a five-year period and because of the traff~c hazards that could occur. He explained that the motion for denial carried 4/3 with the dissenters voting in favor of the proposal because they felt there will be a need for this type of activity in the future. Mr. Thomas A. Peek. of Wilson. Miller. Barton. Soll a Peek, Inc., representins the petitioners. reviwed in detail the proposed proJect. including the stipulations imposed by the review agencies to which the petitioners have expressed agreement. said that a new site plan has been prepared reflecting responses to the subject stipulations. Commissioner Pistor moved that Petition PU-79-4C be denied. seconded by Commissioner Wenzel. During the discussion which followed, Mr. Peek pointed out that two of the CAPe members who voted against the petition expressed a desire to have detailed . drawings to consider and suggested that the Board may wish to send the matter back to that Board for further consideration in view of the new site plan which has been prepared and which has not been reviewed by the CAPC. He said that if the Board's action to deny the petition is based upon the CApe's recommendation, in his opinion, it would be appropriate to re-introduce the new material to them. ~~!\'( 04B p~r.tS98 DOOK 04.8 PACE 599 May 22. 1919 Commissioner Pistor expressed the opinion that his opposition is not necessarily based on the CAPC decislon but based in part on the complaints being received almost daily with regard to the dynamiting and other activities associated with such projects. In his viewpoint. said Commissioner Pistor. it would be better to confine these activities north of Alligator Alley or north of Immokalee Road. Upon call for the question the motion carried 3/1 with Commissioner Wimer not present and Chairman Brown voting in opposition for the reason that he supports the st~ff recommendation for approval. RFSOLllTION 79-RO RF. PF.TrTION PU-79-5C. RICHARD LOOK, REQUESTING PU (1) OF "GRC" DISTRICT FOR SHOPPING CENTER ON LOTS 14-11. BLOCK 782. MARCO BEACH UNIT 11 _ ADOPTED WITH STIPULATIONS: PETITIONER'S AGREEMENT TO STIPULATIONS - ACCEPTED Community Development Administrator Neno Spagna explained that the petition in question is a request by Richard Look for Provisional Use (1) of the "GRC" District to construct a shopping center over 25,000 square feet on Lots 14-17. Block 782, Marco Beach Unit 11, locating same. referring to the colored map provided. as being on the northwest corner of Bald Eagle Drive and North Collier Boulevard. Lengthy discussion followed primarily addressing the parking facilities planned for the project with Commissioner Pistor voicing concern that they are insufficient in view of the activities which will be generated by the project. It was painted out by Dr. Spagna that the plan meets the requirements for parking as stipulated in Section 18 of the Zoning Ordinance. Commissioner Wenzel moved that. based on Dr. Spagna's comments, Resolution 79-80 re Petition PU-79-5C by Richard Look requesting PU (1) of the IIGRCII District for establishment of a shopping center over 25.000 square feet on Lots 14-17. Block 782, Marco Beach Unit 11. be adopted with the stipulations of staff as contained in Appendix A. and that the Petitioner's Agreement to the stipulations be accepted. The motion was seconded by Commissioner Archer. . It was Commissioner Wenzel's suggestion that the zoning regulations be reviewed to determine if the parking requirements are too lax. Mr. Mike Zewalk stated that consideration should be given to the fact that the parking requirements are not the () . I).: ':~ ~'I, Hay.22~ 1979 same the year around due to the area befng a tourist area with addft10nal parking needed during the tourist season. Chairman Brown dfrected the staff to consider the suggestions when reviewing the ordfnance. Upon call for the question the motion carried 3/1 with Cqmmissioner Wimer not present and Commissioner Pistor voting against the motion. * * * * * . . * * * . * * * * * * . * . * * * * * * * * DCOK 046 PACE 600 BOCK 04.6 PACE 605 May 22, 1979 PETITION PU-79M?C. RICHARD BOYD. r.EQU(STING PU(3) OF "RS-4M DISTRICT FOR A CHILD CARE CENTER ON LOT 23. BLOCK 2. MARCO HIGHLANDS - CONTINUED UNTIL JUNE 5. 1979 Commissioner Wenzel noted that Petition PU-79-2C by Richard Boyd is a request for Provisional Use (3) of the "RS-4" District tor establ1stJnent of a child care center on Lot 23. Block 2. Marco Highlands, and, since it siems to be a controversial issue with many proponents and opponents, expressed his desire that the petition be continued until there are five Commissioners present. Communi~ Development Administrator Neno Spagna voiced agreement with the Commissioner, noting that records show that the petitions contained approximately 281 persons for the project and approximately 21 persons opposed to it. plus the receipt of correspondence and telephone inquiries to his office on the matter. County '~nager Norman observed that there are 15-20 people registered to speak on the petition. Following the petitioner's statement that a full board is preferable, Commissioner Wenzel moved to continue the petition until the meeting of June 5, 1979. The motion was seconded by Commissioner P1stor and carried 4/0 with Commi~sioner Wimer not present. Chairman Brown extended an invitation to those persons registered to speak on the matter to address the Board if they so desired. Mr. Leigh Plummer. Marco Island Civic Association, stated that he would return on June 5, 1979 to be heard. Mr. J.A. Lowe, subject neighborhood area resident. suggested that the petitions be checked to determine if they contain the names of qualified persons. The Chairman directed that this be done. Mr. Lowe also called attention to an error in the Executive Summary prepared with regard to the petition, stating that the CAPC dissenters dissented because they felt the project would be better if placed on commercial property - not residential. as reported. The balance of those persons registered waived their rights to be heard at this time. Hay 22, 1979 AUTHO~IZATIC;1 FOil PRHlTIIlG TI-I~ CO~'PREHEiiSIVE PLArl AND nlE PI'IF.PAIlATTON OF APPRnpfU!I:: BUDGET AMENDMENT - DENIED 2/2; TO BE FURTHER ADDRESSED HAY 29. 197~ Community Development Administrator neno Spagna explained briefly the proposai and the costs involved with regard to printing 150 copies of the Comprehensive Plar .' .. . I end 100 copies of the Technical Report pertaining thereto, as contained in the Exel Summary prepared by staff dated May 17. 1979. He said that it is anticipated that the County will recover approximately $2.000 of the cost from the sale of the COpfl and recommended that the Board authorize th. Purchasing Director to prepare bid specifications and accept bids for the printing of the Plan. The proposal was briefly discussed. follm~ing which Commissioner Wenzel moved to epprove the expenditure of $7,000 maximum for the printing of the Comprehensiv~ Plan and of the Technical Report. as recommended. Commissioner Pistor seconded the motion which failed 2/2 with Commissioners Archer and Brown voting in opposition and Commissioner Wimer not present. Followinp additional d~scussion. it was the consensus of the Board, and the Chairman so directed. that the proposal be further addressed at the May 29. 1979 meeting. AUTHORIZATION FOR COMMUNITY DEVELOPMENT ADMINISTRATOR TO CONTINUE TO SERVE ON THE FLORIDA PLANNING AND MANAGEMENT COUNCIL (701 ADVISORY COUNCIL) - DENIED. TO BE FURTHER DISCUSSED MAY 29. 1979 Community Development Administrator t1eno Spagna expanded briefly on , the Executive Summary prepared by him. dated May 14. 1979. wherein it is being requested that the Board authorize him to continue serVing as a member of the Florida Planning and Management Council (701 Advisory Council) and to attend the business meetings as required. He explained the value to the County to be derived from membership on the Council. commenting that all expenses are paid by the State. Commissioner Wenzel moved. seconded by Commissioner Pistor, that the Board authorize Dr. Spagna to continue to serve on the subject Council. The motion , failed 2/2 with Commissioner Archer and Bro\~ voting in opposition and Commissioner Wimer not present. It was directed that the matter be further addressed by the Board at the ~~y 29. 1979 meeting. nOOK 0(6 PACE 608 BOOK 048 PACE 607 ',' REQUEST FOR ADDITIONAL EQUIPMENT FOR WORD PROCESSING DEPARTMENT - APPROVED; LEASE AGREEMENT FOR ADDITIONAL "MAG CARD A" TYPEWRITER AUTHORIZED Administrative Aide to the County Manager Tho~ard explained that the Word Processing Department has reached a peak in its production with the present equipmer and it is beIng requested that additional equipment, namedly a "Mag Card A" type- . writer. be authorized to gain additional production capac1~! He said that it is estimated that if the machine is added. additional productfon can be achieved at about one-half the cost of the present cost per line. Conmissioner Wenzel moved that the request for an additional "Mag Card A" memory typewriter be approved for the Word Processing Department. that the Board Chairman be authorized to execute the Lease Purchase Agreement for same, and that the transfer of budgeted funds be approved and the Ffscal Officer be instructed to make the necessary budget amendments. The motion was seconded by Conmissioner Pistor and unanimously carried 4/0 with Commissioner Wfmer not present. May 22: '1 g7t ~,';':; ," 'I "~",r,;;t~",,?!,'''' 'r ':,,;:,\. :' '~,?'r. ,~.'~':~i '~';-~~~~~~;i;':-~'<' ~ ... ... * ... ... * ... ... * ... ... * ... * * ... ... * ... ... * * ... DOOK 0(6 fACE 009 May 22, 1979,. REVIEW OF FINAL REPORT FOR YOUTH CUID~NCE VOLUNTEER PROGRAM (LEAA SUBGRANT '78-J6M09MFG01) - REPORT APPROVED Mrs. Kathleen Manz. Youth Guidance Director. addressed the Board for the purpose of reviewing the Final Report for the Youth Guidance Volunteer Program which, she said. is in its 7th year. She said that another LEAA Grant has been completed and that. in the interests of keeping the Board informed, it is her desire to report on the findings and results of the review done of the program _ close-out of Subgrant 178-J6-09-FG01. The details of the subject report were provided by staff member Joseph Durham since. as Mrs. ~~nz explained. she was on leave during the second one-half of the program year. Mr. Durham noted that the Report consisted of five parts. namely. Project Summary, Assessment. Conclusions. Side Effects. and By-Products. He elaborated briefly on each section of the Report, which the Board is being requested to approve. Commissioner Wenzel moved. seconded by Commissior.er Pistor and unanimously carried 4/0 with Commissioner Wimer not present. that the Final Report of the LEAA Youth Guidance Volunteer Program. Project Number 78-J6-09-FG01. dated April 25. 1979. be approved. BOARD AUTHORIZES PURCHASE OF VARIOUS EQUIPMENT FOR BUILDING DEPARTMENT. AND PREPARATION OF APPROPRIATE BUDGET ANENDMENT Commissioner Wenzel. commenting on the fact that a request for additional equipment for the Building Department was suggested to the Board previously. seconded the motion made by Commissioner Archer that the purchase of five levels and tripods. and five survey rods be authorized. The motion carried unanimously 4/0 with Commissioner Wimer not present. Building' Director DUlaney explained the purpose of the equipment. and the cost for same ($1.080). as contained in the Executive Summary prepared by him. The possibility of, obtoining.surplus equipment was suggested by Commissioner Archer with Mr. Dulaney stating that he would pursue the matter. BOARD APPROVES CURRENT ELIGIBLE CElA PUBLIC SERVICE POSITIONS AND PROJECT LJST fOR CONTRACTS ENDING SEPTEMBER 30. 1979 . Following brief referral to the Executive ~.Ulllllr.v prepared by A. James Meerpohl. CETA Director and his further explanation with regard to same. Commissiol *, .. I Archer moved. seconded by Commissioner Wenzel and unanimously carried 4/0 with Commissioner Wimer not present. I that the Board approve the Priority List for CETA Public Service Employment. approved by the Public Service Adv1sor,y Committee on April 26. 1979. and to authorize the CETA Office to commence contracting with the respective petitioning agencies for the CETA positions and projects listed thereon .. .. .. . .. . .. . * .. * * * * * .. .. * .. .. * .. .. .. .. .. noOK 046 PAGE 610 '," , ' "';:,'. ;~\ ","". ",:::'-~,!.,;<~,,-,',~-' ':~."; -~' ., ' ;X;~\."ti~i,~, May 22', 1979 BOARD ACCEPTS SILL OF SALE FOR THE wATER AND SEWER FACILITIES, AND DEED FOR THE WATER LINES LYING IN A UTILITY EASEMENT IN IMPERIAL GOLF ESTATES. PHASE I , Commissioner Wenzel moved. seconded by Commissioner Archer and unanimously carried 4/0 with Commissioner Wimer not present, that the-Soard follow the recommendations of the Utility Director with regard to the acceptance of the water and sewer facilities in Imperial Golf Estates, as tollows: 1. That the Board accept and record the Bill of Sale and Deed for the water lines and authorize the County Ut11i~ Division to assume ownership and responSibility for the maintenance and operation of the water lines within Imperial Golf Estates Phase I which have been recently constructed by the Developer, Whispering Pines, Inc.; 2. That the Developer, Whispering Pines, Inc., be directed to convey to the County all connection and system development Charges which he may collect for connection to the sewer system Until suc~ time as connection to the County system is made and the responSibility for operation and maintenance is turned over to the County. 3. That all connection. meter tapping and system development Charges for water service must be paid directly to the County prior to the installation of any water serv1ces~ and 4. That t~e Coullty accept the ownership of the sewer lines, but not the operation and maintenance. (,\- ( * * * . . * * * * * * * * . * * . * COOK 04.6 PACE 6f2 . * * ,", "".,',;.., "." . ~::','t :'J~~:i-~d" ._, , i';':"~ti2;~i979 ",:i:~<!';r"':I)",~ ' BOARD ACCEPTS OWNERSHIP. HAINTENAhCE AND OPERATtOH'OF SEWER FACILITIES IN NORTH PINE RIDGE. AND ALONG U.S. 41 FROM HICKORY BLVD. TO tMMOKALEE ROAD Commissioner Wenzel moved, seconded by Commissioner Archer and unanimously carried 4/0 with Commissioner Wimer absent, that thrBoard'accept and record the Bill of Sale and Quit Claim Deed, as well as other pertinent documents, and authorize the County Utility Division to assume ownership and responsibility of the sewer lines and facilities within Pint Ridge Second Extension Replat and along U.S. 41 from Hickory Blvd. to Immokalee Road, which have been recently constructed by the Developer. Collier Development Corporation. Mr. William Blackwell. representing the Collier Development Corporation. explained that his corporation built the system that the Board has voted to accept by the above action. and that it has been detennined that the electrical Wiring installed uy a subcontractor did not confonn to the ipec1f1cations. A demand has been placed on the contractor. said Mr. Blackwell. that the wiring be replaced with conduit. however. the contractor has balked at this demand. He asked that the Board give the Collier Development Corporation assurance that the Board will assign and subrogate cause of action in the event the Corporation has to bring suit for the replacement. Commissioner Wenzel moved. seconded by Commissioner Pistor and unanimously carried 4/0 with Commissioner Wimer not present, that the Board aSSign to the Collier Development Corporation any causes of action under the warranty for the sewer. as recommended by Mr. Blackwell. ,".." '.;,\ ';>,'.,;<.';;:,'i" ~ 7," "J' .. .. .. .. .. .. .. .. .. .. .. * * * * noOK 046 fACt620 .. * .. CHAIRMAN AUTHORIZED TO EXECUTE CONTRACT AGREE)1ENT WITH FISCHER, JOHNSON, ALLEY I BURKE, INCORPORATED. FINANCIAL CONSULTANTS FOR WILLOUGHBY ACRES WATER AND SEWER IMPROVEMENTS PROGRAM ...",. ", """u"..'!, Commissioner Archer moved, seconded by Commissioner Pis tor and carried . .. . , unanimOUSly 4/0 with Commissioner Wimer not present, that the Chainman be luthol to sign the Contract Agreement betwe.n F1sch.r, ~ohnson, All.n , Burke. Incorpol and the County W~ter-Sewer District whereby the financial specialists will provi the desired financial services with regard to the Willoughby Acres Water and Sewer Improvements Program. as recommend.d by the Ut111~ Director and County Attorney. : '.' .. .. .. .. .. .. .. .. * .. . . .. * * .. * * .. .. .. .. .. .. .. D46 ~ACE624 .. nOOK May 22, 1979 CIIAIRMAtl AUlliORIZED TO SIGN THE F'nttIA APPLICATION FOR FINANCIAL ASSISTANCE FOR WILLOUGHBY ACRES WATER AND SEWER IMPROVEMENTS FOllowing Utility Director Irving Berzon's recommendation. Commissioner Archer moved. seconded by Commissioner Wenzel and unan1mo~s)y carried 4/0 with , Commissioner Wimer not present. that the Chairman be authorized to sign the application to the Farmers Home Administration for financial assistance with regard to the Willoughby Acres Water and Sewer Improvements project. **Copy on file in office of Clerk of the Board. EXCAVATION PERMIT FOR BEACH CLUB HOTEL GOLF COURSE - APPROVED SUBJECT TO STI PULATIONS Commissioner Wenzel moved. seconded by Commissioner Pistor and unanimously carried 4/0 with Commissioner Wimer not present. that the excavation permit requestl by the Beach Club Hotel for the golf course. be approved. as recommended by the Utility Director. subject to the following stipulations: 1. That the depth of the lake does not exceed 12 feet below existing grade; 2. That the lake will not be artificially reCharged with groundwater or existing wells; 3. That all applicable provisions of County Ordinance 73-12 be adhered to; 4. That the requirements for a Performance Bond and Permit Fee be waived in accordance with the provisions in County Ordinance 73-12. Section 4(g). since the applicant states that all material will remain onMsitei and 5. That the appli'cant agree to comply with any new administrative requirements which become a part of the revised Excavation Ordinance. PERMANENT WATER WELL PERMIT RE WILDERNESS COUNTRY CLUB - APPROVED. SUBJECT TO STIPULATImlS Utility Director Irving Berzon explained that a water well permit was issued under emergency conditions on April 25. 1979 due to an apparent cave-in of an , existing well which was located apprOXimately 30 feet from the new site. He said that the Chairman of the Water Management Advisory Board and he reviewed the emergency request prior to the WMAB reViewing the application on M~ 9. 1979. following which it was recommended that the Board of County Commissioners authorize the issuance of a permanent permit with certain stipulations. BOOK 046 fAGE 828 DOOK 046 fACE 629 May 22, 1979 Commissioner Wenzel moved, seconded by Commissioner Pistor and carried unanimously 4/0 with Commissioner ~imer not present, that the permanent water well permit requested by the Wilderness Country Club be approved. subject to the following stipulations.of the WMAB and the Utility Director: 1. That a driller's log be submitted to the County Utility Director. 2. That a water quality analysis be submitted to the County Utility Director; and 3. That the cavedMin water well be capped and plugged with written confirmation of such to the County Utility Director. WAJ.E_LliE_LU_tRMIT Al'PLICAJION RE JIM DOANE - APPROVED. SUBJECT TO STIPULATIONS Commissioner Archer moved. seconded by Commissioner Wenzel and unanimously carried 4/0 with Commissioner Wimer not present, that the Board aecept the recommendations of the Water Management Advisory Board and of the Utility Director and approve the water well permit application for Jim Doane. located in Section 12, Township 49 South, Range 25 East. subject to the following stipulations: 1. That thp. re4Uested capaCity for withdrawl of 700 gpm be taken from two points rather than the single point requested. In order to accomplish this. it is recommended that two wells of up to 6 inches in diameter. spaced about 1,000 feet apart. with pumping rates of each well not to exceed 350 gpm. be authorized. 2. That a copy of the driller's log for each well be submitted to the County Utility Director upon completion of the drilling operations; 3. That a water analysis regarding water quality for each well be submitted to the County Utility Director; and 4. That. if the second well is authorized. application and fee for this well will be made by the applicant prior to the issuance of the permi t. TWO WATER WELL CONSTRUCTION PERMITS RE EXXON CORPORATION - APPROVED SUBJECT TO STIPULATIONS Commissioner Wenzel moved that, based on the recommendations of staff and subject to the stipulations noted below, the two water well permits requested by the Exxon Corporation to be constructed in Section 34, Township 48 South, Range 30 East. for the purpose of ~il exploration work. be approved. The motion was seconded by Commissioner Archer and carried 4/0 with Commissioner Wimer not present. May 22, 1979 Stipulations: 1. That a copy of the driller's log for each well be submitted to the County Utility Director upon completion of the drilling of the water wells. 2. That a water analysis regarding water quality be submitted to the County Utility Director for each well; 3. That the wells be capped and plugged upon abandonment of the oil exploration well unless a new permit is approved. 4. That the construction of the drilling pad does not interfere with the dr~in~gp. pattern of thp. areal and. 5. That favorable recommendation be given by the Big Cypress Swamp Advisory Committee. CHAIRMAN AUTHORIZED TO EXECUTE CONTRACT AGREEMENT WITH SOUTHEASTiRN MUNICIPAL BOND~ INC.. FINANCIAL CONSULTANTS FOR THE MARCO SEWER PHASE I IMPROVEMENT PROGRAM Commissioner Wenzel moved, seconded by Commissioner Pistor and unanimously carried 4/0 with Commissioner Wimer not present. that the Chainman be authorized to execute the C~ntract Agreement with Southeastern Municipal Bond!. Inc.. Finbncia Consultants for the Marco Sewer Phase I Improvement Program. as recommended by the Utility Director and County Attorney. * * * * * * * * * * * * * * * * * * * * nOOK 046 fACE 630 May 22, 1979 CHAIRMAN AUTHORIZED TO EXECUTE CONTRACT AGREEMENT WITH WILLIAM R. HOUGH & CO.. FINANCIAL CONSULTANTS FOR MARCO WATER AND SEWER ACQUISITION PROGRAM Commissione~ Archer moved. seconded by Commissioner Pistor and unanimously carried 4/0 with Commissioner Wimer not present. thal the.Chairman be authorized to execute the Contract Agreement with William R. Hough & Co.. Financial Consultants for the ~~rco Water and Sewer Acquisition Program. as recommended by the Utility Director and County Attorney. * * * * * * * * * * * * * * * * * * * * . * * * * * * * . . noOK 04,6 f~~t 634 neOK 046 fACE 639 May 22, 1979 CHAIRMAN AUTHORIZED TO SIGN FmHA APPLICATION FOR FINANCIAL ASSISTANCE FOR MARCO SEWER PHASE I IMPROVEMENTS Commissioner Archer moved. seconded by Commissioner Wenzel and unanimously carried 4/0 with Commissioner Wimer not present. that the Chairman be authorized to sign the FmHA Application for financial assistance for the Marco Sewer Phase . Improvement project, as recommended by Utility Director Irving Berzon. ** Copy on file, in office of Clerk of the Board. REQUEST FOR ADDITION OF FISCAL SPECIALIST FOR THE UTILITY DIVISION - ACTION POSTPONED UNTIL MAY 29, 1979 Referring to the request by the Utility Director for Board consideration of tl addition of ^ Fiscal Specialist's position to the Utility Division staff. Commissic Wenzel suggested that the matter be continued until the meeting of May 29. 1979 for action by a full five-member Board since the request involves the expenditure of funds. Utility Director Irving Berzon explained that the additional employee will effect no c~ange in the ~resent budget since the department budget is well under the original allocation; however, he said that it may mean an additional expenditur in the next fiscal year budget. It was the consensus of the Board that the request be acted upon at the meeting of May 29, 1979. ROUTINE BILLS - AUTHORIZED FOR PAYMENT Commissioner Archer moved, seconded by Commissioner Pistor and unanimously carried 4/0 with Commissioner Wimer not present. that the bills be approved for payment as witnessed by the following warrants issued from May 16, 1979 through May 29. 1979. said bills having been processed following established policies: FUND BCC Payroll General Revenue WARRANT HOS. 60493 - 60686 7072 - 7264 May 22, 1979 RESOLUTION 79MS1 AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION REVENUE ANTICIPATION NOTE ($165.000) ISSUE OF 1979 TO PROVIDE INTERIM FINANCING FOR PRICE STREET ROAD PAVING IMPROVEMENT PROJECT - ADOPTED Commissioner Wenzel moved. seconded by Commissioner P1stor and carried unanimously 4/0 with C0lIIl11ssioner Wimer not present: that "Res01ution 79-S1 authorizing the issuance of General Obligation Revenue Anticipation Note. in the amount of $165.000. to provide interim finanCing for the Price Street Road Paving Improvement project. be adopted. . . . . * * . * * * .' . . . .... * . .... . . .... . . .... . . . DOOl( 04,6 fA~t640 Beox 046 fACE S43 May 22. 1979 CHAIRMAN AUTHO~IZED TO EXECUTE NgCESSARY DOCUMENT FOR REVISION TO THE MENTAL HEALTH GRANT. INCREASING AMOUNT BY )692 Commissioner Archer moved, seconded by Commissioner Pistor and unanimously carried 4/0 with Commissioner Wimer not present. that the Chairman be authorized to execute the necessary documents for a revision to the Mental Health Grant. increasing the Grant amount by $692. as recommended by Fiscal Officer Harold Hall. CHAIRMAN AUTHORIZED TO SIGN CERTIFICATE FOR CORRECTION TO THE 1978 TAX ROll Commissioner Archer moved. seconded by Commissioner Wenzel and unanimously carried 4/0 with Commissioner Wimer not present, that the followin9 Certificate for Correction on the Tax Rolls be approved and that the Chairman be authorized to sign same: 1978 Tangible Personal Property NO. 53 - 1978 DATED 5/17179 RESOLUTION 79-82 COMMENDING FRED MC CLOSKA FOR HIS EIGHT YEARS OF CONTINUOUS. ACTIVE AND DEDICATEu SERVICE TO THE WATER MANAGEMENT AFFAIRS OF COllIER COUNTY - ADOPTED Administrative Aide to the Board Mary Morgan advised that a request has been received from the Water Management Advisory Board for the Board of County Commission( to adopt a resolution commending Mr. Fred McCloska for his service on the advisory board. Commissioner Wenzel moved. seconded by Commissioner Archer and unanimously carried 4/0 with Commissioner Wimer not present. that Resolution 79-82 commending Nr. McCloska for his eight years of continuous, active and dedicated service to the water management affairs of Collier County be adopted. * * * * * * * * * * * * * . . COOK 04.6 fAGE 645 r1ay 22, 1979 BOARD DIRECTS CHAIRMAN OF THE PARKS & RECREATION BOARD. AND COUNTY PARKS & RECREATION ~TAFF. TO INVESTIGATE COPELAND PROPERTY OFFERED FOR DONATION TO COUNTY BY D.O. HC GOON, JR., RE SUITABILITY FOR PUBLIC PARK Commissioner Wenzel moved, seconded by Commissioner Pistor and carried unanimously 4/0 with Commissioner Wimer not present, that the Chainman of the . Parks and Recreation Advisory Board and the County staff look at the piece of property in Copeland. as offererl to the County by Douglas O. McGoon, Jr. in his letter to the Board dated May 14. 1979. to determine its suitability for a public park in that area. CHAIRMAN AUTHORIZED TO SIGN LETTER OF ENDORSEMENT RE CONTINUATION OF HOME HEALIH CARE GRANT PROGRAM AS REQUESTED BY CHSI Commissioner Archer moved. seconded by Commissioner Wenzel and unanimously carried 4/0 with Commissioner Wimer not present, that the Chairman be authorized to sign a letter of endorsement by the Board for the continuation of the Home Heal Care Grant Program. as requested by William J. Clarke. Director. Collier Health Services, Inc., in his letter to the Board dated May 14. 1979. and as recommended by the County Health Director. and the Social Services Director. BOARD APPOINTS SOCIAL SERVICES DIRECTOR AS COUNTY AGING PROGRAM ADMINISTRATOR Commissioner Wenzel moved, seconded by Commissioner Pistor and unanimously carried 4/0 with Commissioner Wimer not present. that Social Services Director Nartha Skinner be appointed to serve as the County Aging Program Administrator, pursuant to request for such designee by Frances Kramer, Director, Elderly Service Division, NACo, in letter to the Board dated ~~y 4, 1979. BOARD AUTHORIZES CHAIRMAN TO SIGN LETTER TO LEGISLATIVE DELEGATION IN SUPPORT OF PROPOSED LEGISLATION TO DELETE THE FOUR PERCENT SALES TAX ON PUBLIC CONSTRUCTION EXPENDITURES Commissioner Archer moved. seconded by Commissioner Wenzel and carried 4/0 with Commissioner Wimer not present. that the Chairman be authorized to sign appro priate letter to the Legislative Delegation in support of proposed legiSlation to delete the four percent sales tax on materials purchased for public construction projects, as recommended by County Manager Norman followfng revfew of SACC Legisla Summary dated liay 4. 1979. Hay 22, 1979 BOARD AUTHORTZES CHAIRMAN TO S:GN lETTER TO LEGISLATIVE DELEGATION IN SUPPORT O~ PROPOSED LEGISLATION RE STATE FUNOING OF COURT COSTS Commissioner Archer moved, seconded by Commissioner Wenzel and carried unanimously 4/0 with Commissioner Wimer not present. that the Chairman be authorizel . .. I to sign an appropriate letter to the Legislative Delegation in support of proposed legislation with regard to the state funding of court costs, as recommended by County Manager Nonman fOllowing review of SACC Legislative Summary dated May 4, 1979. REQUEST BY NORTH NAPLES CIVIC ASSOCIATION FOR FEASIBILITY STUDY OF VARIOUS FIRE DEPARTMENTS ASSUMING RESPONSIBILITY FOR M1BULANCE SERVICE IN THEIR DISTRICT _ TO BE FURTHER DISCUSSED IN FUTURE WORKSHOP SESSION Administrative Aide to the Board Mary Morgan read from the ~etter dated May 18. 1979 from Ruby E. Warner, Secretary, North Naples Civic Association wherein it is stated that the Association has voted unanimously to request the Board to study the feasibility of having the fire department in each district take care of the ambulance service for that district, citing excessive costs for the present ambulan( service, the trained personnel in the North Naples District, and the like. as reasor for such proposal. County ~~nager Norman referred to the comprehensive plan which is now ongoing with regard to an overall fire protection plan. stating that basic information as to how to handle ambulance service after the present contract expires will be developed prior to that date. He noted that he anticipated approaching the Board the first meeting in June with a recommendation that the Board authorize seeking proposals for consulting services in this regard because of the short time available before making a decision regarding ambulance service. Deputy Chief Raymond Barnett, speaking as Chairman of the Emergency Medical Services Advisory Council, explained that studies have shown that ambulance service is less expensive under the present setup, citing the availability of figures from adjacent counties as examples. He also said that some fire departments are interestl in the proposal and some are not, noting that North Naples is one district which does wish to become involved. ~DOX 046 rA~E 646 DOOK 046 fAGE ~7 May 22, 1979 Commissioner Wenzel expressed the opinion that those fire departments wishing to assume r~sponsibility for amb~1ance service could do so and the balance of the districts could be contracted out. Commissioner Archer responded to the suggestio by stating that he would agree to Commissioner Wenzel's proposal only if there wer no ad valorem taxes involved. Commissioner Wentel said that he would only agree t the proposal if the service would be paid for through the particular fire district taxes. Discussion followed regarding such matters as the training requirements necessary, the additional telemetry equipment which would be required, and the 11k Deputy Barnett pointed out that any changes made would have to be approved by the South Central Florida Health Systems Council since "they have the final say". Fiscal Officer Harold Hall emphasized the fact that the COlltract with American Ambulance terminates in December and that there are several matters'which need to be addressed in this regard. such as revisions to the contract, extension of the contract, and the like. including whether or not the Board may wish to obtain competitive bids for this service. He added his support to Mr. Norman's suggestion that a consulting service be considered. It was the consensus of the Board. and the Chairman so directed. that further discussions on the subject be scheduled for a future Workshop Session. BOARD IIlSTRUCTS COUNTY MANAGER TO CUT FUEL CONSUMPTION AND ENERGY USE BY 10%, IF POSSIBLE, AND RESTRICT USE OF COUNTY HELICOPTER TO SHERIFF AND CIVIL DEFENSE DEPARTMENTS Following brief discussion. CommissiOner Pistor moved that the County Manager be instructed to cut fuel consumption and energy use by 10% in the next fiscal year, if possible, as suggested in Commissioner Wenzel's memorandum to the Board dated May 21. 1979. Commissioner Archer seconded the motion with the comment that the matter be researched to determine the effect such decrease might have on the services provided to the people. Upon call for the question the motion carried 4/0 with Commissioner Wimer not present. May 22, 1979 A fu"ther suggestion contc.ined in the subject memorandum was that the helicopter be grounded except for use by the Sheriff and the Civil Defense Departments. The Chairman directed that the matter be pursued by the County Manager. STAFF ANNOUNCES SALE OF SAILBOAT CONFISCATED BY SHERIFF'S DEPARTMENT _ IN THE AMOUNT OF $55.000. LEGAL DEPARTMENT TO STUDY FEASIBILITY OF LAWSUIT RE DEFAULT ON PREVIOUS PURCHASE Deputy Chief Raymond Barnett. Sheriff's Department, reported to the Board t the sailboat confiscated by the Sheriff's Department was sold this date for $55. cash. He said that about $5.300 was lost due to the default on the part of the previJus purchaser who had agreed to purchase the boat for $60,000 and questioner whether or not the Legal Department should be directed to consider the feasibili' of bringing a lawsuit against said purchaser. Commissioner Archer moved. seconded by Commissioner Pistor and unanimously carried 4/0 with Commissioner Wimer not present, that the Legal Department be directed to follow up on the feaSibility of bringing a lawsuit against the first purchaser of the confiscated sailboat who defaulted on the purchase. Deputy Barnett explained that there are storage bills and the like which mu! be paid from the proceeds; however, it is expected that the funds will be delivel to the Board in the next week. Responding to Chairman Brown. Fiscal Officer Hare Hall said that the funds will go into the General Fund and can be expended durin~ the coming year. MISCELLANEOUS CORRESPONDENCE - FILED ANO/OR REFERRED There being no objection, the Chair directed that the following corresponden be filed and/or referred to the various departments as indicated: 1. Letter dated May 16, 1979 from Shirley Holland protesting the noise to be generated from the Greyhound Bus Terminal driveway to Terrace Avenue - filed. 2. Letter dated May 9. 1979 from James E. Scully, FOOT. transmitting final report on the Elderly and Handicapped Transportation Development Progral for the area - Referred to the County Manager and Planning Director for review, evaluation, and recommendation, if needed; and filed. COOK 046 fA~E 648 May 22, 1979 c) Hearing on Rule No. 17-4.32 - Certification and Acceptance to be held 6/7/79; xc of above to Utility Director, and Environmental Consultant; and filed. 17. Letter dated May 18. 1979 from Nick Collin~, Gr6nts Management. CJIS. re termination of Grant 77-AS-09-IBOl on May 30. 1979 - filed. 18. Bond Cancellation Notice dated May 18. 1979 from Reserve Insurance Company re Bond No. S 100171. dated 6/16/78. for Eugene Colwell re permit to carry a firearm - xc to County Manager, and to Clerk of the Board. and filed. 19. Letter dated May 18. 1979 from Robert Reffler regarding the three road projects scheduled for the County. inquiring about improY~nents to Pine Ridge Road - xc County Engineer. and filed. 20. Copy of letter dated May 14, 1979 from Neno J. Spagna. to Executive Director. SWFRPC. re Housing for Elderly and Handicapped. Richard W. Fuquay - xc County Manager. and filed. 21. Copy of letter dated May 16. 1979 from Robert E. Harrington. Official Court Reporter, to County Manager Norman providing a revised drawing showing proposed layout of office space in trailer - filed. 22. Copy of letter dated May 9. 1979 from Congressman L.A. Bafalis to County Manager re BCC correspondence of the FAA's interpretation of re~ent 1~gislat10n - filed. 23. Letter dated May 11, 1979 from Maeve H. Foster. Executive Director, Area Agency on Aging. transmitting Third Quarter Monitoring Report for Homemaker Service of Collier County - filed. 24. Information dated May 23. 1979 from the Veterans Administration re supplemental VA multiple sales listings - xc Veteran's Service Director; f11ed. 25. DOT Notice of hearing scheduled for June 4. 1979 re Rule 14-15.05. RightMof-way operating procedures - xc County Engineer; and filed. 26. PSC Notice re Docket No. 780500-KC for Joint application from Electronic Riggers of Fla., Inc. to transfer Certificate No. 1090 to Sunbelt Transport, Inc. - filed. 27. Minutes of May 8. 1979 meeting of Golden Gate Fire Control District Advisory Committee - filed. 28. April. 1979 Monthly Activities Report of Museum. and of Museum Gift Shop - fil ed. 29. Memorandum dated May 21. 1979 from Commissioner Wenzel fe Zoning Ordinance M filed. * * * * * * * * * * * * * * * * There being no further business for the good of the County, the meeting was adjourned by order of the Chair - Time: 11:55 A.M. V \ol \1 I I /", vi. ';)' ,,\. " t, ~ :~"i" .~: cm~r4.~ <",; ^," hl,.o .~. .. COUNTY COMMISSIONERS/EX OFFI 10 OVERNING BOARD(S) OF SPECIAL DISTR T UNDER ITS CONTROL