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BCC Minutes 07/24/1979 R . Naples. Florida. .July 24. 1979 ~~; ;,' "~:-'&I>'\~{'~Y ~ _~" LET IT BE REMEMBERED, that th. Board of County Commissioners in and for the County of Collier, and also,acting as the Governing Board(s) 01 such special districts as have been created according to law and having conducted business herein, met on this date at 9:00 A.M. in Regular Session in BUilding "F" of the Courthouse Complex with the following members present: CHAIRMAN: David C. Brown VICE-CHAIRMAN: Clifford Wenzel John A. Pistor C.R. "Russ" Wimer Thomas P. Arch@r ALSO PRESENT: William J. Reagan, Clerk. Harold L. Hall, Chief Deputy Clerk/Fiscal Officer; Jean Swindle, Edna Brenneman (lC:20 A.M.) and Debbie Pantano (1:30 P.M.), Deputy Clerks; Donald A. Pickworth, County Attorney; Neno J. Spagna, Dfrector of Community Development. Irving Berzon. Utility Director; Carl Clemmer, Zoning Director; Clifford Barksdale, County Engineer; Mary Morgan, Adminfstrative Aide to the Board; and Deputy Chief Raymond Barnett. Sherfff's Department. ~ BOARD OF COUNTY COMMISSIONERS FINAL AGENDA July 24, 1979 NOTICE: ALL PERSONS SPEAKING ON ANY AGENDA ITEM MUST REGISTER PRIOR TO THE ITEM BEING HEARD. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED TO THE COUNTY MANAGER AT LEAST ONE WEEK PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER IIpUBLIC PETITIONS" AT 11:00 A.M. 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF AGENDA 4. APPROVAL OF MINUTES 5. PROCLAMATIONS AND PRESENTATIONS OF AWAR!)S . &~O~' 047 rAGE 373 BOOK 047 PAGE 378 July 24, 1979 fINAL AGEN~A APPROVED AS SUBMiTTeD Commissioner Pistor move~ seconded by Commissioner Archer and carried unanimously, that the agenda be approved with no additions and/or deletions. PETITION R-79-12-C. JOHN PRIDGEON: REQUEST FOR REZONWG FROr~ "I-ST" INDUSTRIAL SPECIAL TREATI~ENT TO "I" INDUSTRIAL FOR PROPERTY IN SECTION 36, T49S, R25E, LOCAT IN EAST NAPLES PRODUCTION PARK BETWEEN DOMESTIC AND ENTERPRISE AVENUES - COIlTINUE UNTIL OCTOBER 30. 1979 Legal notice having been pUblished in the Naples Daily News on June 22, 1979 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened regarding Petition R-79-12-C filed by John Pridgeon requesting rezoning fr "I-ST" Industrial Special Treatment to "I" Industrial for property located in Section 36, Township 49 South. Range 25 East and located in East Naples Productiol Park between Domestic and Enterprise Avenues. Commissioner Archer moved, seconded by Commissioner Wenzel and carried unanimously, that Petition R-79-12-C filed by John Pridgeon be continued until October 30, 1979 per the request of the petitioner. ORDINANCE 79-51 REZONING FROM "GC" GOLF COURSE AND "RS-3" SINGLE FAMILY TO "RS-3" SINGLE FAMILY AND "GC" GOLF COURSE FOR PROPERTY IN SECTION 20. T51S, R27E, IN ROYAL PALM ESTATES - ADOPTED Legal notice having been published in the Naples Daily News o~ June 22. 1979 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition R-79-11-C filed by Clarence Habermehl requesting reZOI from "Ge" Golf Course and "RS-3" Single Family to "RS-3" Single Family and "GC" G Course for that property located in Section 2u, Town3hip 51 South, Range 27 East. Royal Palm Golf Estates. Community Development Administrator Neno Spagna described the property as be located in the Royal Palm Golf Estates on the South Trail near the Collier Semino State Park and stated the purpose of the petition is to correct and specify certa areas that will be used for golf course and certain areas that will be used for s family residential. He explained that the original documents had been based on engineering designs that had been "roughed-in" and in order to comply with the f11 designs, as now submitted, the two affected areas (the 9,lf course and the single family residences) will, of necessity. have to be rezoned. Mr. Spagna stated the Ju1y 24. 1979 petition has been reviewed by and recommended for approval by all County agenc1e: in their areas of concern with no stipulations and that the CApe held their Publ Hearing on June 21, 1979 with 5 members present and recommended forwarding the petitfon to the Board of County Commissioners with a recommendation of approval. There being no persons registered to speak on the subject, Commissioner Wen, moved. seconded by Commissioner Pistor and carried unanimously, that the public hearing be closed. Commissioner Pistor moved, seconded by Commissioner Wimer and carried unanimously, that Ordinance 79-51, as entitled below, be adopted and entered into Ordinance Book No.9. ORDINANCE 79 - ~ AN ORDINANCE AMENDING ORDINANCE 76-30 THE COMPREHENSIVE ZONI~fG REGULATIONS FOR THE UNINCORPORATED AREA OF THE COASTAL AREA PLANNING DISTRICT BY AMENDING THE ZONING ATLAS MAP NUMBER 51-27-4 BY CHANGING THE ZONING CLASSIFICATION OF THE FOLLOWING DESCRIBED PROPERTY FRO~ "GC" GOLF COURSE AND "RS-3" SINGLE FAMILY TO "RS-3" SINGLE FAMILY AND "GC" GOLF COURSE: PARTS OF SECTION 20, TOWNSHIP Sl SOUTH, RANGE 27 EAST LOCATED ON THE EAST TRAIL JUST WEST OF COLLIER SEMINOLE STATE PARK AND BY PROVIDING AN EFFECTIVE DATE. PETITION SMP-79-3-C BY CLARENCE HABERMEHL REQUESTING SUBDIVISION MASTER PLAN APPROVAL FOR PROPERTY LOCATED IN ROYAL PALM GOLF ESTATES - APPROVED WITH STIPULATION (COMPANION PETITION TO R-79-11-C/OROINA~CE 79-51) Legal notice having been published in the Naples Daily News on Juno 22, 1979 as evidenced by Affidavit of P~blfcation filed with the Clerk, publiC hearing was opened to consider Petition SMP-79-3-C by Clarence Habermehl requesting subd1v1si master plan approval for that property located in Section 20, Township 51 South. Range 27 East and more generally known as Royal Palm Golf Estates situated on the South Trail and near the Collier Seminole State Park. Community Development Administrator Neno Spagna stated this petition is a companion to the precedihg rezone petition (Petition R-79-11-C/Ordinance 79-51) a is a request for Subdivision Master Plan approval for the above-described propert located in Royal Palm Golf Estates prior to a Final Plat approval. He said the t\OOK 047 I'AGE 379 BGC~ 04 7 fA~E 380 July 24, 1979 petition has been reviewed by and recommended for approval by the Subdivision Committee on April 18. 1979 with the stipulations that the cul-de-sac at Tracts A and B be shown on the Final Plat. Mr. Spagna concluded that the CAPC held their public hearing on June 21, 1979 and recommended fO~/arding Petition SMP-79-: to the Board of County Commissioners with a recommendation of approval subject to the stipulation of the Subdivision Committee. There being no persons registered to speak on the subject. Commissioner Pistl moved, seconded by Commissioner Wenzel and carried unanimously, that the public hearing be closed. Commissioner Wenzel moved, seconded by Commissioner Pistor and carried unanimously, that the Subdivision Master Plan filed by Clarence Habermehl, for the property located in Royal Palm Golf Estates be approved with the following stipulation: 1. That the cul-de-sac at Tracts A and B be shown on the Final Plat. ORDINANCE 79-52 REZONING FROM "A" AGRICULTURE TO "E" ESTATES FOR PROPERTY IN SECTION 23. T49S, R25E, LOCATED ON BAILEY LANE NORTH OF POINCIANA VILLAGE _ ADOPTED - PETITIONER'S AGREEMENT TO STIPULATIONS - ACCEPTED Legal notice having been published in the Naples Daily News on June 22, 1979 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition R-79-13-C by Philip Francoeur as agent for Bruce Mumm requesting rezoning from "A" Agriculture to "E" Estates on ten (10) acres of prope located on Bailey Lane which is on the west side of Airport Road - north of Poinci Village and East of and abutting the James c. Bailey property. Community Development Administrator Neno Spagna identified the property on a displayed map a~d stated the petition had been reviewed by the CAPC in public hear on June 21, 1979 with a recommendation of approval to the Board of County Comm1ssi, subject to the stipulations as outlined in the staff report. Commissioner Wenzel asked Mr. Francoeur if the access road, Bailey Lane, woul, be requested to be taken over by the County for maintenance, noting if that were to be the action in the future, the road would have to be brought up to County standards before such maintenance would be considered. ~~. Francoeur replied that Bailey Lane was, for the present, to be a privately owned roadway maintained by the property owners. .:;\'t~:';::') ';(i/::i~~~~~:t,: "uly24~1979 There being no persons registered to~peak"o~~t~~~i.:~bject.conmissioner ..ll,. -.-,.11;, ',' ". ,,,,,.:'.\;,/' '....." '" Wenzel moved, seconded by Conmissioner Wimer and carried unanimously, that the public hearing be closed. Commissioner Wimer moved, seconded by Commissioner Archer and carried unanimously, that Ordinance 79-52, as entitled below, be adopted and entered into Ordinance Book No.9, and that the Petitioner's Agreement to the following stipulations: (1) Detailed site drainage plan be submitted to and approved by the County Engineer prior to the issuance of a building permit and (2) Petitioner must file for subdivision master plan approval if property is divided into 3 or more lots, be approved. ORDINANCE 79 - 52 .. . AN ORDINANCE AMENDING ORDINANCE 76-30, THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OP THB COASTAL AREA PLANNING DISTRICT BY AMENDING THE ZONING ATLAS MAP NUMBER 49-25-6 BY REZONING THE FOLLOWING DESCRIBED PROPERTY FROM "A" AGRICULTURE TO "E" ESTATES. 10 ACRES LOCATED IN THE NORTHEAST 1/4 OF SECTION 23, TOWNSHIP 49 SOUTH, RANGE 2S EAST ON THE WEST SIDE OF AIRPORT ROAD, NORTH OF POINCIANA VILLAGE AND BY PROVIDING AN EFFECTIVE DATE. ., ., ., ., * * * * * * ., ., * * ., * ~r;~Y 047 ,.\,~~38{ * * * July 24. 1979 ORDINANCE 79-53 REZONING FROM "I-C-2" TO "I-HF-l" FOR TRACT A, TRAFFORD PINES ESTATES - AoonTED Legal notice having been published in the Immokalee Bulletin on June 21, 1979 as evidenced by Affidavit of Publication filed wfth the Clerk, public hearing was opened to consider Petition R-79-4-I by Roger A. Dick. President of Trafford Pines Estates. as agent for the Trafford Pines Estates, requesting rezoning from "I-C-2" to "I-MF-1" for Tract A. Trafford Pines Estates. Zoning Director Carl Clemmer presented the petitio~ and stated that the 4.6 acre parcel is presently zoned "I-C-2" (Commercial) with the properties on both th~ w~st !'Inri th~ snuth nf of th~ subject r!lrc~1 being zoned "T-C-l". Mr. Clemner continued. that Mr. Dick, project sponsor, recognizes the need in the Immokalee area for low-cost housing and it is for the purpose of building duplex homes that ~ he'petitions the Board to change the zoning from "I-C-2" to "I-MF-1". He concluded that the Immokalee Area Planning Commission had recommended approval to the Board of County Commissioners at their public hearing of Hay 30, 1979. There being no persons registered to speak on the subject. Commissioner Pistor moved, seconded by Commissioner Wimer and carried unanimously, that the public hearing be closed. Commissioner Pistor moved, seconded by Commissioner Wimer and carried unanimously, that Ordinance 79-53, as entitled below, be adopted and entered into Ordinance Book No.9. ORDINANCE'NO.79- 53 AN ORDINANCE AMENDING ORDINANCE NO. 74-14 THE IMMOKALEE AREA PLANNING DISTRICT ATLAS OF MAPS BY ChANGING THE ZONING CLASSIFICATION OF THE PROPERTY DESCRIBED HEREINBELOW FROM "I-C-2" TO "I-MF-l" AND PROVIDING AN EFFECTIVE DATE: ORDINANCE 79-54 REZONING FROM "I-MHSD" TO "I-MF-1" FOR PROPERTY IN PALMETTO PARK _ ADOPTED Legal notice having been published in the Immokalee Bulletin on June 21. 1979 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition R-79-7-I by King David Jackson requesting rezoning from "I-MHSD" to "I-MF-l" for Lots 16 and 17, Block 2, Palmetto Park Subdivision to permit the construction of duplexes. nOOK 04 7 fA~E 383 BOOK 047 fAGE 384 July 24. 1979 Zoning Director Carl Clemmer presented the petition, stating the petitioner, King David Jackson, had purchased the subject two lots .~n 1964 for the purpose of building duplexes. In 1964 this property was zoned "AH and permitted duplexes. In 1971 the Immokalee Area Zoning Regulations were amended considerably and Palmetto Park was zoned "I-MHSD". The new mobile home subdivision district permitted as a principal use mobile homes and single-family residences and the area is presently being utilized for mobile home use. Mr. Clemmer stated there is a great need in the Immokalee area for low-cost housing and because the Immokalee Area Planning Commission members recognize this - they have asked the Executive Secretary to amend the "I-MHSD" zoning district to allow duplex buildings on lots that exceed 7.000 square feet. He concluded that the two lots owned by the petitioner exceed 14,000 square feet and that the petition has received recommended approval from the Immokalee Area Planning Commission with which the staff concurs. The~e being no persons registered to speak on the subject, Commissioner Archer moved, seconded by Commissioner Pistor and carried unanimously, that the public hearing be closed. Commissioner Wimer moved, seconded by Commissioner Pistor and carried unanimously, that Ordinance 79-54, as entitled below, be adopted and entered into Ordinance Book No.9. ORDINANCE NO. 79-~ AN ORDINANCE AMENDING ORDINANCE NO. 74-14 THE IMMOKALEE ARE~ ZONING DISTRICT ATLAS OF ~~S BY CHANC:HG THE ZONING DISTRICT CLASSIFICATION OF THE HEREINllELOW DESCRIBED PROPERTY FROM "I-MHSD" to "I-MF-1" AND PROVIDING AN EFFECTIVE DATE: . PETITION V-78-24-C FOR MICHAEL MICELLI REQUESTING A WAIVER OF THE THREE (3) ACRE REQUIREMENT FOR GROUP HOUSING (GH) OVERLAY FOR LOTS 1-6, BLOCK G, UNIT 2, CONNOR'S VANDERBILT BEACH ESTATES - (CONTINUED FROM JULY 17, 1979 AGENDA) - DENIED Affidavit of Publication of legal notice having previously been filed with the Clerk, public hearing was opened and continued from July 17, 1979 to consider Petition V-78-24-C by J. Dudley Goodlette, Attorney in Fact for Michael M1celli requesting waiver of the three (3) acre requirement for Group HOUSing (GH> overlay for Lots 1-6, Block G, Unit 2. Connor's Vanderbilt Beach Estates. .July 24. 1979 Zoning Director Carl Clet1ll1tr presented the petition, identi.fying the request as previously stated and turned the presentation over to Mr. Richard Aaron, Attorney for Michael Micelli. I~r. Aaron stated that pursuant to the request of the Board. Mr. Clemmer, County Attorney Pickworth and he had met last week in order to pursue the objectives of his client, Mr. Micelli, while meeting the requirements of the Board and the existing pertinent ordinances. A letter of amendment, dated June 20, 1979, has been submitted, Mr. Aaron continued, (to be attached to the Petition) which requests that various aspects of the variance be amended. County Attorney Pickworth stated that during the me.ting referred to by Mr. Aaron, the original petition that requested a variance from a 3 acre require- ment of the "GH" zoning classification was discussed and it was determined by Mr. Aaron, at that time, that what he needed was a "PUO" which has a 5 acre minimum. Mr. Pickworth said that he and Hr. Clemmer had agreed to allow Mr. Aaron, by letter. to awend his variance petition as stated in hi5 letter of July 20, 1979. At this time, Mr. Clemmer stated that actually there are only 4 lots now involved in the petition (two having been sold recently) comprising 1.1 acres and even with the change in the variance request for a "PUO", staff could not recommend approval because of the relatively small area of land and the extreme over-denisty that would result. Discussion followed which included the reading of a letter of objection from Mr. Walter S. Wilde, Director, Vanderbilt Beach Property Owners Association; Mr. Aaron's statements regarding the fact that no ~larl has been submitted but simply a request that his petitioner be allowed to petition for a "PUO" rezoning of his property; County Attorney Pickworth's concurrence with the statement that the petitioner would only be obtaining the right to apply for a rezoning under the "PUD" restrictions: the zoning ordinance's requirement that 5 acres is the minimum acreage for which a "PUD" can be allowed; Mr. Pickworth's review of the legal aspects of granting such a variance and the resulting number of future petitioners that would request the same variance and Mr. Clemmer's defense of the ordinance whi, points out that the requirement for a "pUO" is 5 acres, conclu:Hng with his recommendation of denial. BOOK 047 PAGf385 aOOK 047 ~AcES86 July 24, 1979 When the Chairman opened the n~eting for publiC participation, the following persons spoke in opposition: Mr. L. S. Emmert Mr. G.T. Ford Mr. Carl G. Pauley 755 104th Ave., North 1977 Gulfshore Blvd. North 676 94th Ave., North Commissioner Wimer moved, seconded by Commissioner Pistor and unanimously carried, that the public hearing be closed. Commissioner Wimer moved, seconded by Commissioner Pistor and carried unanimously, that Petition V-78-24-C by Michael Micelli requesting a waiver of the three (3) acre requirement for Group Housing (GH) overlay for Lots 1-6, Block G, Unit 2, Connor's Vanderbilt Beach Estates, be denied. PETITION R-79-2l-C, PETER CONE, REQUEST FOR REZONING FROM "A" AGRICULTURE TO "CI" COMMERCIAL INDUSTRIAL FOR PROPERTY IN SECTION 11, T49S, R25E, LOCATED ON THE EAST SIDE OF EDGEWOOD DRIVE APPROXIMATELY 660 FEET NORTH OF PINE RIDGE ROAD - ADVERTISING AUTHORIZED FOR PUBLIC HEARING SEPTEMBER 4, 1979 Commissioner Archer moved, seconded by Commissioner Wenzel and carried unanimously, that the request for rezoning from "A" Agriculture to "CI" Commercial Industrial for property located in Section 11, Township 49 South, Range 25 East, and on the east side of Edgewood Drive approximately 660 feet north of Pine Ridge Road by Peter Cone be authorized for advertising of public hearing September 4, 1979 PETITION R-79-22-C, U.S. HOME, REQUEST FOR REZONING FROM "GC" GOLF COURSE AND "RM-1GH" MULTI-FAMILY GROUP HOUSING TO "RM-IGH" AND "GC" GOLF COURSE FOR LAKEWOOD UNIT 6 - ADVERTISING AUTHORIZED FOR PUBLIC HEARING SEPTEMBER 4, 1979 Commissioner Archer moved, seconded by Commissioner Wenzel and carried unanimously, that the request for rezoning from "GC" Golf Course and "RI~-lGH" 14u1ti-Famfly Group Housing to "RM-IGH" and "Ge" for Lakewood, Unit 6, by U.S. Home be authorized for advertising of public hearing September 4, 1979. PETITIOIl TO VACATE A 12 FOOT UTILITY EASEMENT BETWEEN LOTS 8-9, BLOCK 140 GOLDEN GATE, UNIT 4, SQUARE INVESTMENTS LIMITED - ADVERTISING AUTHORIZED FOR PUBLIC HEARING AUGUST 21, 1979 Commissioner Archer moved, seconded by Commissioner Wenzel and carried unanimously, that the request to vacate a 12 foot utility easement between lots 8-9, Block 140, Golden Gate, Unit 4 by Square Investment.s Limited be authorized for advertising of public hearing on August 21, 1919. .July 24. 1979 FINAL ASSESSMENT ROLL FOR ANDERSON ROAD iMPROVEMENT DISTRICT - ADVERTISING AUTHORIZED ;OR PUBLIC HEARING AU~~ST 21, 1979 Commissioner Archer moved, seconded by Commissio~.r Wenzel and carried unanimously, that the Final Assessment Roll for Anderson Road Improvement District be authorized for advertising of public hearing August 21, 1979. PETITION V-79-l2-C MAX SLONECKER, REQUESTING A 12.5 FOOT VARIANCE TO A FRONT YARD IN GOLDEN GATE ESTATES - ADVERTISING AUTHORIZED FOR PUBLIC HEARING AUGUST 14. 1979 Commissioner Archer moved, seconded by Commissioner Wenzel and carried unanimously, that Petition V-79-12-C by Hax Slonecker requesting a 12.5 variance to a front yard on a cornp.r lot for a garagt addition in Golden Gate Estates be authorized for advertising for public hearing August 14, 1979. PETITION V-79-16-C, MERMAID OF MARCO ISLAND, REQUESTING A VARIANCE FROM "RM-2" TO ALLOW TWO (2) MORE UNITS THAN PERMITTED ON A 1.7+ ACRE OF LAND ON LOT 27. BLOCK 357, UNIT 11, MARCO BEACH SUBDIVISION - ADVERTISING AUTHORIZED FOR PUBLIC HEARING AUGUST 21. 1979 Commissioner Archer moved. sAconded by Commissioner Wenzel and carried unanimously, that Petition V-79-16-C by Mermaid of Marco Island requesting a variance from "RM-2" to allow two (2) more units than permitted on a 1.7+ acre of land on Lot 27. Block 357, Unit 11, Marco Beach Subdivision be authorized for advertising of public hearing August 21, 1979. FINAL PLAT FOR LELY PALMETTO DUNES - APPROVED WITH STIPULATIONS Community Development Administrator Neno Spagna presented the request made by Lely Estates for the approval of the Final Plat and acceptance of the constructi drawings for Lely Palmetto Dunes located in Lely ~ountry Club. He identified the Lely Palmetto Dunes on the displayed map and stated the development is situated in the northeasterly part of Lely Golf Estates. The Final Plat has been reviewed by all the required County agencies; the construction plans have been submitted to the Engineering Department and have been approved, Mr. Spagna said. It is the staff's recommendation that the Final Plat and the construction drawings be approve with the stipulation that the final plat not be recorded until the required improve ments have been constructed and accepted, and a security is provided to the County in the amount of $54,131 to cover the lOS of construction for one (1) year maintena after preliminary acceptance. ~OOK 047 PACE 887 aOOK ()~j7 rAGE~~ .July 24, 1979 Utility Director Berzon asked thai the record show that Mr. McCanley had presented some materials to the Utili~ Division on Friday, July 20, 1979, which affect his plan and that the stipulations shown in that material were agreed to by Mr. McCanley so as to meet the utility requirements. Commissioner Archer moved, seconded by Commissioner Wenzel and carried unanimously, that the Final Plat for Lely Palmetto Dunes be approved and that the construction drawings be approved with the stipulation that the Final Plat not be recorded until the required improvements have been constructed and accepted, and a ~e~urlly Is provided to the County in the amount of $54,131 to cover the 10% of construction for one (1) year maintenance after preliminary acceptance. RESOLUTION 79-105 EXTENDING PROVISIONAL USE FOR MOBILE HOME SALE ON PROPERTY LOCATED IN SECTION 15, T48S, R25E FOR A ONE (1) YEAR PERIOD TO JULY 18, 1980 AS REQUESTED BY LANDMARK MANAGEMENT - ADOPTED COhmun1ty Development Administrator Neno Spagna presented the request by Landmark Management for a one (1) year extension of the provisional use for mobile home sales on that property located in Section IS, Township 48 South, Range 25 East, and stated the original provisional use was approved by the Board on July 18, 1978. Mr. Spagna concluded that the petitioner is developing the , park portion of the property but will not start the development of the sales property until after the present one (1) year limit 'and that the staff recommends approval. Commissioner P1stor asked Mr. Assaad, representative for Landmark Management, if the mobile homes, that are for sale, could be placed further back on the propert Mr. Assaad answered that he would ask the petitioner to follow through on Commiss1ol Pistor's suggestion, explaining that if this requested change will affect the location and/or legal description of the already granted provisional use, then the Pet1toner could not legally do what is being suggested. Commissioner Wenzel moved, seconded by Commissioner Archer and unanimously carried, that Resolution 79-105 extending provisional use for mobile home sales on property located in Section 15, TownShip 48 South, Range 25 East which abutts ~. . . r .- .' .July 24, 1979 Caribbean Mobile Home Park for a period of one (1) year until July 18, 1980, be adopted with the stipulation that the Petitioner,be asked to mOve the mobile homes that are for sale further back on the lot. . . * ;. . . * * * . * . * * * * * * * * . * . . aoOK 047 r^GE389 * . . * * * .July 24, 1979 RESOLUTIO~' 79-106 GRANTING rROVTSIONAL USE (1) OF GRc FOR A SHOPPING CENTER LOCATED ON THE EAST SIDE OF PALM DRIVE AT E'ITRANCE TO GLADES SUBDIVISION AS REQUESTED BY W.S. WIGGINS. JR. - ADOPTED WITH STIPULATIONS Community Development Administrator Neno Spagna presented Petition PU-79-9-1 stating it was a request for a provisional use (1) of the ItGRC" district for a Shopping center over 25.000 square feet on property located on the east side of Palm Drive at the entrance to the Glades Subdivision and had been filed by W.S. Wiggins. Jr. Dr. Spagna said the request had been on the Board's agenda of last week, July 17. 1979. and had been referred to County Engineer Barksdale for furthe-r ~tudy. Mr. Barksdale said that he and the DOT representatives had, on July 23, 197! reviewed the site in the field; gone over the pro~osed plans from the developer with the County Traffic Planner and the DOT traffic representatives and it was agreed that there are some changes from the original proposed plan that need to be made at the intersection. The DOT's position is that the installation of the traffic signals ~/1l1 not be permitted until after the shopping center has opened and they can conduct an actual traffic count study. Hr. Barksdale continue~ that this position has been discussed with the developer who has agreed to provide deceleration lanes. locate the entrances; provide the median breaks. the turning lanes and traffic signalization as approved by the DOT and the Cour'J. There is to be another meeting later in the week with DOT and the developer, at which time, it will be agreed upon as to what the DOT will actually permit within the Shopping area. Mr. Barksdale stated that Mr. Charles Jenks, representative of W.B. Wiggins, Jr. was in attendance and would state for the record that there wil be forthcoming from the Petitioner, a written commitment to construct whatever is approved by the DOT and the County and with this written commitment in hand, tl Staff was recommending approval of the requested provisional use (1) of the "GRC' district - allowing the "use" to continue until the entrance-way and traffic signalization have been worked out. Mr. Charles Jenks, representative of w.e. Wiggins, Jr., and Associates. statE that having discussed the matter with the Engineering Depar~ment and the Planning Department, the Petitioner is willing to put the Signalizations. all the median ~047 /lfA391 ~ 047 w9Z . . ...- -.. ...... ... July 24. 1979 breaks and the deceleration lane~ as per "whatever" plan is approved by the County and the DOT and will so stipulate in writing. Commissioner Wimer voiced his appreciation to Mr. Jenks for staying in the community in order to work out the needed changes. Commissioner Wimer moved. seconded by Commissioner Pistor and carried unanimously, that Resolution 79-106 granting provisional use (1) of the "GRe" district for a shopping center located on that property situated on the east side of Palm Drive at the entrance to the Gladis Subdivision as requested by W.S. Wiggins, Jr. be adopted with the following stipulations: 1. 12' fire lanes running the length of the buildings (ENFD). 2. 7 fire hydrants to be located on the site - Onl at the easternmost entrance, three in parking area in front of the buildings and three on the outer edge of the loading area at the rear of the center unless reduced by the fire department at time of building permit application (ENFD). 3. All future signs must be approved by the Zoning Director. 4. ~ubject to the stipulations of the WMAS; n) That the invert elevation of the bleed-down opening of the control structure be set a.t +2.5 msl. '. h) That all storm water drainage collector pipes are to have' their inverts at elevation +2.5 or higher. c) That no perfcratcd pipes are to be us ....:1 in co~nection \lith the storm water ~ollection system. d) That skimmer and screen will be installed on the discharge from the retention pond leading to the positive outfall canal. '. e) The caiculations f~~ the 2~ hour critical storm must be 'prepared and analyzed against 10 yeaX' ~4 hour storm. These calculations and analysis must be submitted to the Utility Director and Water Management Consultant for their review. f) The detailed construction plans must be ,submitted to the County Engineerts Office for X'eview and resubmitted to the Water Management Advisory Board at the County Eng~neer's discrc g) An investigation and analysis of the affects on water quali of Halderman Creek must be SUbmitted to the Utility Director .and Water Management Consultant for their review and approval. . , 5. Ingress and egress with signalization from US 41 be permitted as allowed on sketch subject to DOT approval or in the event this is not approved by DOT, the petitioner shall be restricted to one left turn from and to US 41.' in addition to those above-referenced changes between the Petitioner, the DOT and the County that will be stipulated in writing. aOOK 047 PACE 396 July 24. 1979 COLLIER COUNTY PLANNING AGENCY APPOINTED AS COLLIER COUNTY CITIZENS ADVISORY COMMITTEE FOR THE APPROVED 701 PLANNING ASSfSTANCE GRANT PROGRAM Mr. Danny Crew, Principal Planner, stated that recently the Board of County Commissioners has approved entering into a contract with the Oepartment of Community Affairs for a "701" grant and one of the requirements of the grant is that there be created a Citizens Advisory Committe. to get community input into the program. He said that after looking at the existing committees and in an attempt not to form new committees, it would be his recommendation that the Board of County Commissioners appoint the existing Collier County Planning Agency as the Citizens Advisory Committee under the "701" Program (as this is already a County-wide existing board). In addition, Mr. Crew explained, there must be three more persons appointed to the Citizens Advisory Committee and it would be his second recommendation that the Chairman of the Collier County Planning Agency be authorized to appoint the additional temporary members as they will be serving on the Committee for this program only. Commissioner Pistor moved, seconded by Commissioner Wenzel and carried unanimously, that the Collier County Planning Agency be designated as the Citizens Advisory Committee for the County's "70111 Planning Assistance Grant Program. that the BCC adopt the Duties and Responsibilities of the "701" Citizens Advisory Committee; that the Chairman of the Collier County Planning Agency be authorized to appoint three (3) temporary members to the Citizens AdviSory Committee and that the "701" Citizens Advisory Committee be authorized to immediately seek qualified proposals for completion of the work program A(l)(b) and in addition, to interview and recommend to the Board of County Commissioners for hiring such consultant(s) as deemed appropriate. * * * * * * * . * * * * * . JIll V 24, 1979 WIGGINS PASS fACHT CLUB TO SUBt1IT :IS TO COUNTY It~GARDING BOATSL1PS Community Development Administrator Neno Sltll!lna presented the request by the Engineers regarding Wiggins Pass Yacht Cluh tur I waiver of the DRI process for 130 boatslips as proposed by the Wiggins Pa~~ Yacht Club Development. Mr. Spagna identified the property as being immediAlllly south of the Wiggins Pass Marina property and stated that in his review fit the notice by the Engineers (Coastal Engineering Consultants) for a Bindinu I~tter of Interpretation from the Bureau of Land and Water Management, which Wl1uld waive the DRI process that is required for 100 or more boatslfps, he wu 1I1",I~ aware of the following information: 1. Mr. Stephen, Coastal Engineering ConSUltants, is requesting a waiver of the DRI process for 230 bo~r~ltps while the DRI threshold for boatslips is 100. 2. Calls regarding the proposed project fl'."" concerned citizens have been received. 3. The Corps of Engineers is presently "1 I.he process of preparing a report for the dredging of Wiggins ""';5 from the entrance eastward to the Wiggins Pass 'olar1na t.lt"ll southward into the Vanderbilt Beach Lagoon area. Mr. Spagna continued, that in light of thH~1l facts, it was thought that the Board might want further information on the env"","mental aspects and take another look at the project. Since his original review, Hr. Spagna said, he has spoken with Coastal Engineering Consultants, engineers tor the project, and it has been agreed that this project will not be a matter or "egional impact but one of local impact. In addition. he has received several lhl.t~rs which indicate the State has preViously waived the impact for a number ot eXisting marinas, one being a commercial enterprise which consists of more bOIlI.'ilfps than the proposed project is requesting. Mr. Spagna continued that it w~~ his opinion and only his own opinion, that he would not stand in the way of thq Binding Letter of Interpretation from the State (whiCh would waive the DRI proce~q for the project) but stipulate that the Petitioner submit an EIS which would lib "eviewed by Dr. Harmic and in addition. the Pet itioner would consult with an,1 Ip.cetve the advice of the Environmental Advisory Council prior to the apl1luval of any boatslfps for this area. He concluded that this constituted his 'bl:onmendation to the Board. eCCK 047 t'/\GE399 ~QCK 047 fAGE 400 July 24, 1979 ~:r. Mike Stephen of Coastal Engir..aering Consultants. representing the Petitioner as their engineer, stated Mr. Spagna had covered all the pOints ~reviously mentioned during their past meeting and that the Petitioner is more than willing to comply with Mr. Spagna's requests in the matter. ~ Discussion followed which touched upon the possibility of the Corps of Engineers not dredging that portion of Wiggins Pass; where the monies will come from to pay for such dredging; the fact that DRI's are required for those projects that will affect a multi-area while the EIS can be used for those projects that will affect just the local area; and, that this proposed project will have only local impact aspects. Commissioner Wimer moved, seconded by Commissioner Archer and carried 3/2, with Commissioner Wenzel and Commissioner Pistor dissenting, that the Board of County Commissioners not oppose the issuance of the Binding Letter of Interpretation and require the Petitioner to submit an EIS to Dr. J. Harmic for review prior to issuance of any building permits. BOARD ELECTS TO BE PROGRAM AGENT FOR YOUTH CONSERVATION AND COMMUNITY IMPROVEMENT PROJECTS UNDER CETA FOR FY 1980 - CETA OFFICE DIRECTED TO MONITOR AND REPORT ON SAID PROJECTS Mr. Jim Meerpohl, CETA Director, presented the item for the Board's consideration stating that his recommendation for the the Board's acceptance to be Program Agent for the current Youth Conservation and Community Improvement Projects would allow the Board to approve and recommend projects for development. In review~ Mr. Meerpohl stated there is currently a Youth Conservation and Community Improvement Project operating in Immokalee under the auspices of the Immokalee Neighborhood Services, Inc. and. even though it has been moderately successful, the operator and the State Prime sponsor have requested the CETA office to act as the administrative liaison for the project. He continued, that the administrative costs for accepting this status will be borne by the CETA youth program; thereby, the operation and administration of the project will be at no cost to the Board of County Commissioners nor will the Board be obligated to continue the projects funded under the program. Mr. Meerpohl concluded his presentation by stating that hi~ office will monitor July 24. 1979 the current project for viability and will develop n!W projects for tne Board's consideration - i.e. energy or solar demonstration project,.beach improvements, park improvements, etc. Commissioner Wimer moved" seconded by Commissioner Pistor and carried unanimously, that the Board elect to bl Program Agent for the Youth Conservation and Community Improvement Projects under CETA for the FY 1980 and direct the CETA office to monitor and report on the existing project for viability, as well as develop new projects for consideration. CETA SURVEY PROJECT REGARDING CETA CLIENT TRAINING NEEDS FOR A THREE MONTH PERIOD - APPROVED CETA Director Jim Meerpohl stated that he had come before the Board during the month of June, 1979 regarding the possibility of doing a project which would combine economic development together with human services and, involved in the proposed project, would be the updating of the Economic Development Summary (Publ1s by the Cullier County Economic Development Council). At the present time, Mr. Meerpohl continued, his officI is working on the Economic Development Summary which includes an infield survey. In the meantime, the State has mandated that a survey be done in each County to determine employment-training needs and it is this mandate from the State that requires the Board's approval for the proposed CETA survey project, he concluded. Commissioner Pistor moved, seconded by Commissioner Wimer and carried unanimously, that the CETA Survey Project for a period of three (3) months be approved. CONSULTANT SERV~CES AGREEMENT WITH INTERNATIONAL SYSTEMS, INC. (ISI) - APPROVED FOR CHAIRMAN'S SIGNATURE County Manager Norman advised that, pursuant to Board direction, a revised contract with International Systems, Inc. for grants consulting services has been negotiated. He said that the new contract, in his opinion, is a stronger one in terms of insuring obtaining the services that are appropriate and one which is more easily interpreted with regard to the provisions for guarantee of performance. Mr. Norman noted that the matter was acted upon by the Board on July 17, 1979 but BOCK 047 PAGE 401 DOCK 047 PAce402 . July 24'. 1979' ," ,..,;':.'1',~;.};"~l'}'~-t.,;:, . ,,- ' , , " " "i':', , ... ,~~". .... that approval of the contract f.Jil,d by a tie vote~' follOWing which the Board directed that the matter be placed back on the agenda for the meeting this date to be acted upon by a full Board. Commissioner Wimer moved, seconded by Commissioner Pistor, that the Consultant Services Agreement with International Systems, Inc. be approved for the Chairman's signature. Commissioner Wenzel voiced his concern over continuing to payout funds for this purpose; however, he said that if the results on t.he pending Block Grant application are successful, there would be a good ratio of return. At the request of Mr. Mike Zewalk, Mr. Norman explained briefly the status of the current grant application under the existing a~reem!nt with Mr. Zewalk comnenting that he "would look forward to a $12,500 refund if they do not come through with that original grant". Upon call for the question the motion carried 4/1 with Commissioner Archer dissenting. It It .. . . . * * * * . . * * . . * . * * * * * * July 24. 1979 BOARD AUTHORIZES DELETION OF POSITION OF CONSUMER AFFAIRS REPRESENTATIVE, AND DISSOLUTION OF CONSUMER AFFAIRS ADVISORY BOARD County Manager NOnm4n recalled that, pursuant to Board direction of January 23, 1979, the staff has worked with the Better Business Division of Florida Institute of Business and Professions, Inc., of Miami, as provided by their local office, the Better Business Division of Naples, with regard to handling of consumer complaints, concerns. and the like. This proposal was to be for a trial period, said Mr. Norman, and that I report of the results was to be prepared for presentation to the Board. He said that the report prepared by his Administrative Aide Ted Thorward concludes that the firm is presently giving the consumers of Collier County I service in all repsects as good as, and in some respects better than, the former Consumer Affairs Repre- sentative was able to accomplish. He noted that the subject position has never been filled following the resignation of the incumbent representative. Commissioner Pistor moved for acceptance of the staff recommendation to delete the position of Consumer Affairs Representative from the County Personnel Records, dissolve the Consumer Affairs Advisory Board, and direct that the County Manager provide as much support as may be possible to the Better Business Division of Naples. The motion was seconded by Commissioner Archer and carried unanimously. Ms. Donna Davis, local representative of BBD, asked the Board's cooperation and help in monitoring the licensing of businesses in the area, some of which she said are operating unlicensed. Following brief discussion. it was the consensus of the Board that rk. Norman and Fiscal Officer/Chief Deputy Clerk Hall work with Ms. Davis in this regard. BOARD ACCEPTS WITH REGRET RESIGNATION OF DR. NENO J. SPAGNA, DIRECTOR OF THE COUNTY PLANNING DEPARTMENT; COUNTY MANAGER AUTHORIZED TO RECRUIT REPLACEMENT, AND TO WORK WITH COUNTY ATTORNEY TO NEGOTIATE CONSULTING SERVICE AGREEMENT WITH DR. SPAGNA County Manager Norman announced that by letter of July 18, 1979, Dr. Neno J. Spagna has tendered his resignation as Director of the County Planning (Community Development) Department effective on or about October 1. 1979, depending on when a successor can be found to assume the position. ~CDK 047 PACE 405 COCK 047 PA~E 406 July 24, 1979 ConmfssionE.f Archer, concurring ''11th Hr. Nonnan's recOIIIIIendation, moved that the Board accpet with regret Or. Spagna's resignation; that the County Manager be authorized to recruit a replacement for the subject position; and that Mr. Norman, with the assistance of the County Attorney, be authorized to negotiate with Dr. Spagna for an agreement for consulting services for the year ending September 30, 1980, to be presented to the Board with necessary revisions to the budget for FY 79-80. The motion was seconded by Commissioner Wimer. Dr. Spagna stated that the time he has worked with the County has been a very whole~ollll! and oeller;dal period. lie noted that the County h.:13 been good to him and his family, that he has tried his best and expressed his hope that he has been good for the County. Upon call for the question the motion carried unanimously 5/0. CAPITAL IMPROVEMENT PROGRAM 1979-85 APPROVED FOR REFERRAL TO COUNTY PLANNING AGENCY FOR REVIEW AND ADVERTISING FOR PUBLIC HEARING; FORMAL REPORT AND RECOMMEN~ATION TO BE MADE TO BCC County Manager Norman referred to the proposed six-year Capital Improvement Program as distributpd the previous week, same having been deferred one week to pennit review of the Program. He said that basically the Program is not considered completed until it has been reviewed by the Planning Agency, as recommended, subject to a public hearing, following which it will be brought back to the Board for further discussion and adoption. Commissioner Pistor commented that the Planning Board has done a "fine jOb" on the ProgrJm, st~t1ng that he has studied it carefully. He pointed out that there are a few items which might have to be shifted, adding his agreement with the recommendation that it be brought back for later discussion during the budget hearings because implementation of the Program will require 1I10ts of money". Commissioner Wimer moved that the staff recommendations be approved whereby the CIP will be transmitted to the Collier County Planning Agency for their review, advertised public hearing, and a formal report and recommendation, with changes, brought back to the Board. Commissioner Archer seconded the motion which carried unanimously. , .July 24. 1979 BCC APPROVES EXECUTION OF FMHA DOCUMENTS RE COUNTY WATER/SEWER DISTRICT (WILLOUGHBY ACRES WATER AND SFWER IMPROVEMENTS) Following brief explanation by Utili~ Director Irving Berzon, Commissioner Archer moved, seconded by Commissioner Wenz.l and unanimously carried, that the Board approve and authorize the execution of the following application for Federal funding documents, as required by the Farmer's Home Administration, with regard to the County Water/Sewer District (Willoughby Acres Water/Sewer Improvements): 1. Equal Opportunity Agreement 2. Nondiscrimination Agreement 3. Loan Resolution * 1'''' ..!.. * * * * * * * * * * * * * * * * * * * * * * * * * BOCK 047 PACt 407 ~co~ 047 PACE414 .July 24. 1979 BCC APPROVE~ EXECUTION OF F~~ OOCUMENTS RE COUNTY WATER/SEWER DISTRICT (SOUTH HALF OF SEWER AREA "BM) Pursuant to recommendation by Utility Director Irving Serzon, Commissioner Pistor moved, seconded by Commissioner Wenzel and carried unanimously, that the Board approve and authorize the execution of the following application for Federa' funding documents, as required by the Farmer's Home Administration, with regard to the County Water/Sewer District (South Half of Sewer Area "8"): 1. Equal Opportunity Agreement 2. Nondiscrimination Agreement 3. LOAn Resolution * * * . * * * * * * * * * * * * . * * * * * * * * .July 24. 1979 BCC APPROVES EXECUTION OF FMHA DOCUMENTS RE MARCO WATER AND SEWER DISTRICT (MARCO SEW~R PHASE I IMPROVEMENT~) As recommended by Utility Director Irving Berzon. Commissioner Archer moved, seconded by Commissioner Pistor and unanimously carried, that the Board approve and authorize the execution of the follOWing application for Federal funding documents, as required by the Farmer's Home Administration, with regard to the Marco Water and Sewer District (Marco Sewer Phase I Improvements): 1. Equal Opportunity Agreement 2. Nondiscrimination Agreement 3. Loan Resolution .,.. .,.. .,.. .,.. .,.. .,.. .,.. * .,.. .,.. .,.. .,.. .,.. .,.. .,.. * * * * * .,.. * .,.. 047 PAGE 4Z1 * * &CC~ * eOOK 04. 7 PACE 428 July 24. 1979 ROUTINE BILLS - APPROVED FOR PAYMEKr Following the statement by Fiscal Officer Harold H.ll that the bills being presented for approval have been processed following established procedure and that funds are available, Commissioner Wimer moved, se~onded by Commissioner Wenzel and carried unanimously, that sUbject bills be approved for payment as witnessed by the following warrants issued from July 18, 1979 through July 24, 197! FUND County Warrants General Fund Marco Water/Sewer Water Manag~ment WARRANT NOS. 9112 - 9363 46 5 15 BUDGET AMENDMENT 79-110 TO TRANSFER FUNDS FROM RESERVE FOR CONTINGENCIES ACCOUNT TO EXPENSES OTHER THAN SALARIES ACCOUNT"RE SHERIFF'S DEPARTMENT - ADOPTED IN THE AMOUNT OF $20.000 Commissioner Pistor moved, seconded by Commissioner Archer and unanimously carried. that Budget Amendment 79-110 to transfer funds from the Reserve For Contingencies Account to Expenses Other Than Salaries Accountt re Sheriff's Department, be adopted in the amount of $20,000 be adopted. * * * * * * * * * * * * * * * * * * * * * ~OCK 047 PAGt 430 July 24, 1979 COMMISSIONERS RROWN, WENZEL AND oISTOR APPOINTED TO PROPERTY APPRAISAL ADJUSTMENT BOAHD. WITH COMMISSIONER WENZEL TO ~ERVE AS CHAIRMAN. ADVERTISING AUTHORIZED FOR PUBLIC HEARINGS AUGUST 22 AND 23. 1979 Commissioner Wimer moved, seconded by Commissioner Archer and unanimously carried 5/0, that Commissioners Brown, Wenzel and Pistor be appointed to serve on the Property Appraisal Adjustment Board for the current year. Chainman Brown moved, seconded by Commissioner Archer, and unanimously carried 5/0, that Commissioner Wenzel be appOinted to serve as Chainman for the subject Board. Commissioner Archer moved, seconded by Commissioner Pistor and unanimou~ly carried 5/0. that advertising be authorized for public hearings to be held August 22 and 23, 1979. COUNTY ATTORNEY AND PLANNING DIRECTOR AUTHORIZED TO WORK WITH FIVE COUNTY CONTRACTORS ASSOCIATION TO DEVELOP PROPOSAL FOR OBTAINING ADDITIONAL EXPERTISE RE FLOOD ELEVATIO~ AND TRAVEL APPROVED, IF NECESSARY; CHAIRMAN AUTHORIZED TO SIGN LETTER REQUESTING EXTENSION OF DEADLINE FOR ADOPTION OF FLOOD DAMAGE PREVENTION ORDINANCE Mr. Darrell 14arch, representing the currently befng formed association of home builders on Marco Island. opened the discussion regarding the Flood Damage Prevention Ordinance by expressing gratitude to Commissioner Pistor and to the Community Development Administrator, Dr. Neno Spagna, for attending a recent meeting on the subject on Marco Island and listening to the views of the home builders. He asked that a resolution contained in Commissioner Pistor's memorandum to the Board on the subject be made a part of the discussion, following which he introduced additional speakers present. Nr. Phil Joshburger, President of the Marco Island Chamber of Commerce, prefaced his comments by reading a Resolution adopted by his organization on July 19, 1979 wherein it is urged that the Board of County Commissioners initiate legal. technical, and political actions to obtain relief from the restraints of the Federal Flood Plain Regulations, as are being proposed for implementation. He explained in detail the reasons why it is felt such Regulations will adversely affect the future economic viability, livability and desirabili~ of Marco Island. Attorney James T. Humphrey of Fort MYers explained to the Board that he had been requested by the Five Coun~ BUilding and Contractors Association to address the Commissioners for the purpose of answering questions with regard to the Flood July 24, 1979 Insurance Program and to request the Board to assist financially or to employ the technical expertise necessary to analyze the data and engineering elevations submitted by Tetra-Tech of California. He stated that he has worked in the Flood Insurance Program in Lee County for several years and pointed out what has been done, and is being done, in Lee and other adjacent counties to seek additional data and relief from the proposed regulations from the Federal government, among which is the employment of Dr. Christensen, Professor at the University of Florida, who is actively involved in this area and is an expert. The matter of the timetable for adoption of the subject ordinance was discussed with Attorney Humphrey suggesting that the Board submit a request for an extension of six months in which to adopt the ordinance which he said the Federal Government may grant knowing that funds have been expended, if approved, 1-': , , ," '. _. to analyze the afore-referenced study. Mr. Humphrey pOinted out the areas in whic it was felt the study was deficient, recognizing the fact that the terrain, and the like, i~ Collier County differs in some respects from Lee County. Mr. Marvin Needles, President of the Marco Island Board of Realtors, reportec that the bus j"ess generated in "ell estate alone on Marco Island will be well in excess of $125,000,000, and that the area has become ~ very viable segment of the County. He observed that it is the consensus of his organization that the flood levels set forth in the prepared ordinance would definitely reduce the desirability of the Marco Island area for monetary reasons because of the increasE building costs, for aesthetic reasons, and because building on stilts will not allow some physically handicapped people to reside in such residences. Attorney Arthur Woodward, representing the Marco Island Area Board of Realtor observed that adding the required elevation to the costs of construction will be adding to the already rampant inflation problems throughout the country. He said that the small amount of money required to retain experts to look into the matter under discussion, in his opinion, would be'worthwhile. He urged the Board to institute every appeal possible and hire experts to see if a change in the criteria can be obtained. It was explained that the approximate cost for obtaining the engineering expertise required is $20,000 and when asked if private ~OOK 047 PACE431 eCCK 04.7 rACE 432 July 24. 1979 organizations would be contributing to this cost, Hr. Woodward responded that he personally would contribute; however, he said that he could not speak for the othel organizations, adding that the County would probably have to carry the majority of the burden. Mr. Dan Dannenhauer, Legislative Director for Five County Builder and Contractors, requested that the Board, on behalf of the builders in attendance who would be adversely impacted financially by the adoption of the proposed regulation: find out from the aforementioned Professor Christensen how much it would cost to look over Collier County and postpone the enactment of the ordinance. Mr. James Coleman, remaining registered speaker, waived his opportunity to address the Board. Commissioner Wimer, commenting that there have been many questions raised tha1 need to be answered. moved that County Attorney Pickworth and Dr. Spagna be authorized to work with Five County Builders Association. develop some figures. inviting whomever necessary to compile such figures, and develop a concrete proposi to bring back to the Board. The motion was seconded by Commissioner Wenzel and unanimously carried 5/0. At Or. Spagna's request. Commissioner Archer moved, seconded by Commissioner Pistor and unanimously carried 5/0, that, if necessary, Attorney Pickworth and Dr. Spagna be authorized to travel to Gainesville to consult with the Professor. Dr. Spagna expressed the opinion that everyone would like to have the lowest possible elevation established but, also, to have it high enough to afford protection which is the object of the Flood Insurance Program. The most eminent matter now, said Or. S~agna, is the August 14, 1979 public hearing before the Board and he suggested that the Chairman should be authorized to write a letter to the appropriate persons requesting an extension of the deadline for passage of the ordinance since the matter is under advisement. A further suggestion by Dr. Spagna was that, prior to finalizing a contract with anyone for obtaining further information, that it might be in order to travel to Washington, D.C. to discuss the matter with HUD and other appropriate officials to determine whether 01 not such act as hiring a consultant would be productive; otherwise, it would not pay for itself. July 24. 1979 Commis.ioner Wimer moved that Dr. Spagna prepare. letter for the Chairman's signature regarding the appeal, IS suggested by Or. Spagna. The motion was seconded by Commissioner Pistor and carried unanimously 5/0. PROPOSED ORDINANCE RE LICENSING OF PSYCHOLOGISTS TO BE DRAFTED BY COUNTY ATTORNEY FOR PRESENTATION TO THE BOARD Mr. Michael Crane, Chairman, Public Affairs Committee of the Mental Health Association, reported to the Board that the Association is aggrieved by the fact that the State Legislature has seen fit, under its Sunset Law, to allow the rpgl/lIltion /Inri l1cpnl:ing of p~ycholo!]1sts in the State, of Florida to lapse effective July 1. 1979. He said that since that date, according to the Depu~y Tax Collector, there have been 144 licenses issued \lhereas prior to that date the were no such licenses issued in the County. He said that it is obvious that the individuals who received these licenses are not all competent psychologists with degrees; however, by haVing such license, th~ can treat certain mental illnesses for those individuals willing to pay for the services. He read from the list of qualifications the State formerly required for such licensing and pointed out the affect inappropriate psychological treatment could have and which should not be permitted. Following brief discussion during which Mr. Crane reported on what has been done in this regard to prohibit further licensing in other Florida counties, County Attorney Pickworth suggested that sufficient time be permitted to work with Mr. Crane and his associates to draft a sound ordinance for Collier County to address the points made by Mr. Crane. Commissioner Wenzel moved that the County Attorney be authorized to study the situation, with the cooperation of Hr. Crane and other appropriate persons, and con back to the Board with a recommendation and proposed ordinance to eliminate the problem being discussed. The motfon was seconded by Commissioner Wimer and carried unanimous ly 5/0. * * * * * * * '* '* '* '* '* '* .. '* .. * RECESS: 11:55 A.M. until 1:30 P.M. at which time Deputy Clerk Brenneman was replaced by Deputy Clerk Pantano. * * * .. '* '* '* '* '* '* '* '* '* * '* '* '* '^-, n A '7 A",., ecc~ 047 PAGE4.84 July 24, 1979 CHAIRMAN AIITHvRIZED TO SIGN LETjER TO DEPT. OF HEALTH' REHABILITATIVE SERVICES REQUESTING 6-MONTH EXTENSION OF CERTIFICATE OF NEED NO. 690 Commissioner Archer moved, seconded by Commissioner Pistor and carried unanimously 3/0 with Commissioners Wimer and Wenzel absent, that the Chairman be authorized to sign a letter to the Department of Health and Rehabilitative Services requesting a 6-month extension of Certificate of Need No. 890. LETTER FROM MAYOR OF NAPLES TRANSMITTING THEIR ACTION OF PROPOSED REFERENDUM ON THE 9TH CENT GAS TAX - REFERRED TO COUNTY ENGINEER, MANAGER & ATTORNEY FOR EVALUATION AND RECOMMENDATION TO THE BOARD FOR FURTHER ACTION Commi~~ioncr ^rchcr moved, seconded by Commissioner Pistor and carried unanimously 3/0 with Commissioners Wimer and Wenzel absent, that the letter from the Mayor of Naples transmitting their action of proposed referendum on the 9th Cent Gas Tax be referred to the County Engineer, County Manager and County Attorney for their evaluation and recommendation to the Board for further action. A brief discussion was held concerning the proposed referendum and the Cit.y's opposition to same. Commissioner Archer commented that'the City is opposed to a permanent tax and not the one-time tax for the Coastland Boulevard project. The County Manager suggested, in order to prepare a better campaign, that the referendum be held off until the early part of the next year. Commissioner P1stor commented that the legislature is conSidering making the gas tax proportionate to the price of gas in which case, as the price of gas goes up, the tax would also be raised. * * * * * * ." ." ." ." ." ." ." ." .. .. * Commissioner Wenzel arrived at the meeting at 1:40 P.M. '" * ." .. * ." ." ." ." ." ." ." ." ." ." .. ." LETTER FROM PELICAN BAY IMPROVEMENT DISTRICT TRANSMITTING USER FEES & RATES _ REFERRED TO UTILITY DIRECTOR TO SCHEDULE FOR PUBLIC HEARING ON BOARD'S AGENDA Commissioner Archer moved, seconded by Commissioner Pistor and carried unanimously 4/0 with Commissioner Wimer absent, that the Board acknowledge the letter from Pelican Bay Imp~vement District transmitting their User Fees & Rates and refer said letter to the Utility Director to schedule for public hearing. July 24. 1979 PROPOSED Ii,CREASE IN AMBULANCE R,".TES FOR ZIPPO AMBULANCE. APPROVED Commissioner Archer moved, seconded by Commissioner Pistor and carried unanimouSly 4/0 with Commissioner Wimer absent. that the proposed inCrease in ambulance rates for Zippo Ambulance be approved. BOARD APPROVES CONTINUATION OF PUBLIC HEARING RE PETITION R-79-l7C, JOHN T. CONROY, JR., UNTIL FURTHER NOTICE Commissioner Wenzel moved, seconded by Commissioner Pistor and carried unanimously 4/0 with Commissioner Wimer not present that the Board approve the continuation of the public hearing scheduled ror August 21, 1979 regctrding Petition R-79-17C by John T. Conroy, Jr., until further notice. MISCELLANEOUS CORRESPONDENCE - FILED AND/OR REFERRED There being no objection, the Chair directed that the following correspondenl be filed and/or referred to the various departments as indicated below: .. Letter dated 7/17/79 from Fla. Coop. Extension Service acquainting the BCC with their statewide emphasis on energy education; xc to County Energy Conservation Coordinator. - Filed. 2. Letter dated 7/13/79 from Ms. Grace M. Hartell regarding the condition of Vanderbilt Beach - xc to County Manager for investigation and recommendation as to appropriate action. - Filed. 3. Letter dated 7/16/79 from Thomas R. Brown responding as requested by the Zoning Department re the response received from the City of Naples relative to the vacation of Lakewood Unit 1; xc to Zoning Dept. 4. Notice dated 7/7/79 that Adjustment No. 2 re Sheriff's Dept. Communi cat Upgrade--Phase II grant 177-A2-09-CEOl has been approved subject to conditions; xc to project director and filed. 5. Notice dated 7/7/79 that Adjustment No. 3 regarding Criminal Diversion Project grant 179-AA-09-EB02 has been approved subject to conditions; xc to project director and filed. 6. Letter dated 7/20/79 directed to U.S. Army Corps of Engineers re the application of Coral Ridge-Collier Properties for proposed fill in the Upper Clam Bay and Gulf of Mexico area; filed. 7. Notice from the Bureau of the Census requesting a copy of the County's 1978 annual financial report; to Fiscal Officer. 8. Letter dated 7/18/79 from Bond Development Director with the Fla. DOT re the department's decision to cease work on the environmental study and the traffic and revenue study for the Isles of Capri Expressway; fi' 9. Letter dated 7/11/79 from the Office of Auditor General re the change il postaud1t responsibilities in order the BCC can make appropriate change: in its budget for the coming ~iscal year; filed. BDCX 04 7 PACE 435 BOOK 04 7 ~ACt 486 July 24, 1979 10. Lette. dated 7/12/79 frum P~tnam County Bee re the Financial & Accountability Act requesting the BCC to support their position that the Legislature should not mandate responsibilities to local governments without an accompanying funding source; filed. 11. Letter dated 7/17/79 from the Martin County BCe regarding Financial & Accountability Act urging the Bee to seek the delay of implementation of this requirement; filed. 12. Letter dated 7/18/79 from Ramon Noya regarding various areas of concern in Naples Park; referred to County Manager for investigation and recommended action; filed. 13. Letter dated 7/18/79 to Bee regarding the name of Target IV Range and its necessity for related zoning matters. etc. within the county to so reflect the change; filed. 14. Memo dated 7/10/79 regarding the A-95 clearinghouse items; xc to Planning Department. 15. Housing & Urban Development transmittal of names and addresses of persons within the Florida District and the need to route correspondence accordingly. xc to Planning Department. 16. Memo dated 7/17/79 advising of 7/27/79 CETA Manpower Planning Advisory Board meeting at 10:00 A.M. in Punta Gorda; filed. '7. L~tter da~ed 7/19/79 from Hersch a Associates, P.A. offering their services to BCC to perform audits of any funding programs; Referred to County Manager and Fiscal Officer. 18. Public Service Commission; filed. a. Docket No. 790585-KC for Jack Gray Transport, Inc. for a certificate of public convenience and necessity between all points in Florida. b. Docket No. 780861-CI(MC), Order No. l5444-A to respond to the general investigation into the household goods industry. c. Docket No. 790517-CCT for extension of application of Chemical Tank Lines, Inc. for Certificate No. 939 to transport material between all points in Florida. d. Docket No. 790524-CCT for extension of Certificate No. 463 to Belford Trucking Co., Inc. 19. Monthly Department Reports from the following departments: (a) Museum. (b) Word Processing Center; (c) Purchasing; Cd) Building permits; filed. CHAIRMAN AUTHORIZED TO SIGN LETTER TO PRESIDENT OF LA NO, INC., RE LIBRARY FACILITIES IN NORTH NAPLES TERMINATING THE COUNTY'S LEASE RE SAME County Attorney Don Pickworth explained that the lessor of the building which houses the Collier North branch of the Library has not lived up to its obligation as far as providing signs and a directory for the library and recommended the Board terminate the County's lease with same on that basis. He commented there is another building available in which to place the facilities at the same or cheaper rate. Coun' >~~'~,' ~,,:r:; ;::i~,~~y:~, \':( I .July 24, ,1919 11.\:,'.':'",','_'J,'_-""" . . '\;:';::'~f:"~:~:,_,:; Manager Honman noted that the lessor had provided the body for the signs but is requesting that the Board pay for the lettering of the signs; however, this was not a condition of the lease. Commissioner Archer moved. seconded by Commissioner Wenzel and carried unanimously 4/0 with Commissioner Wimer absent, that the Chairman be authorized to sign a letter to the president of La No, Inc., terminating the County's lease for the building hOUSing the Collier North branch of the Library, effective August 31. 1979. AGREEMENT BETWEEN COLLIER COUNTY CIVIL DEFENSE JRD AREA AGENCY ON AGING OF SOUTH FLORIDA RELEASING INFORMATION TO COOPERATE IN THE COORDINATION OF DISASTER-RELATED SERVICES - APPROVED Commisssioner Wenzel moved, seconded by Commi$sioner Pistor and carried '.1 :,. .. :,,;': '.'" l~u,.: ..~. \'.1.... ,f,-. ~ . .' unanimously 4/0 with COmmissioner'Wimer absent, that the Chainman'be authorized to sign an Agreement between Collier County Civil Defense and the Area Agency on Aging of South Florida to release necessary fnfonmation to the elderly an~ handicapped in the coordination of disaster-related services. * * * * * * * * * * * * * * * * * * * * ~OCK 047 fA~E437 .July 24. 1979 There beino no further business for the good of the County, the meeting was adjourned by order of the Chair - Time: 2:47 P.M. BOARD OF COUNTY COMMISSIONERS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL ~~ --~~ n 1. , ...~ r- " -, , . \ ~II' '/1 \', ~CCK 04 7 t~~E 489