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BCC Minutes 09/11/1979 R :;'';<' Naples, Florida, September 11, 1979 LET IT BE REMEMBERED, that the Board of County Commissioners in and for the County of Collier, and also acting as the Governing Board(s) of such special districts as have been created according to law and having conducted business herein, met on this date at 9:00 A.M. in Regular Session in Building "F" of the Courthouse Complex with the following members present: VICE CHAIRMAN: Clifford Wenzel John A. Pistor C. R. "Russ" Wimer Thomas P. Archer hBSENT: David C. Brown, Chairman ALSO PRESENT: William J. Reagan, Clerk; Harold L. Hall. Fiscal Officer/ Chief Deputy Clerk; Edna Brenneman and Jean Swindle (11:15 A.H.). Deputy Clerks; C. William Norman. County Manager; Donald A. Pickworth. County Attorney; Irving Serzon, Utility Director; Neno J. Spagna, Community Development Adminis- trator; Clifford Barksdale. County Engineer; Lee Layne. Planner; Mary Morgan. Administrative Aide to the Board; and Deputy Chief Raymond Barnett, Sheriffts Department. BOARD OF COUNTY COMMISSIONERS FINAL AGENDA September 11, 1979 NOTICE: ALL PERSONS SPEAKING ON ANY AGENDA ITEM MUST REGISTER PRIOR TO THE ITEM BEING HEARD. REQUESTS TO ADDRF:SS THE BOARD ON SUBJECTS \\rUCB 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 "PUBLIC PETITIONS" AT 11:00 A.M. i 1. ,.; INVOCATION 2. PLEDGE OF ALLEGIANCE 3 . APPROVAL OF AGENDA 4. APPROVAL OF MINUTES: August 21, 1979 5. PROCLAMATIONS AND PRESENTATIONS O~~W!~S 6. SOCIAL SERVICES September 11, 1979 AGENDA - APPROVED WITH ADDITIONS/DELETION CNnnissioner Pistor mov~d, seconded by Commissioner Wimer and carried 4/0 with Chairman Brown not present. that the agenda be approved with the following additions and deletion: 1. County Manager's attendance at the State Association of County Commissioners' meeting - Added under County Manager's Report. 2. Approval of minutes of August 21. 1979 - Deleted. 3. Proposed resolution regarding certain variances previously granted - Added under ld Business. PETITION CP-79-2-C BY KERMIT QUAINTANCE REQUESTING AMENDMENT TO ORDINANCE 79-32, COMPREHENSIVE PLAN. FOR PROPERTY ON WEST SIDE OF 951 SOUTH OF GULF STATION _ PUBLIC HEARING CONTINUED UNTIL SEPTEMBER 18. 1979. legal notice having been published in the Naples Daily News on August 6 and September 7. 1979. as evidenced by Affidavit of Publication filed with the Clerk. public hearing was opened to consider Petition CP-79-2-C filed by Kermit Quaintanc~ requesting an ^mendment to the Comprehensive Plan from 0-6.22 units residential medium density to commercial land use for proper~ located in Section 3, T505. R26E which is located on the west side of 951 south of the Gul f 5tatio:1. Community Development Administrator Neno Spagna located the subject property as being that area shown in yellOW on the map displayed and consists of 22 acres. same being located at the southwest corner of US 41 and SR 951. He said that this property and the adjacent 18 acres. also owned by the petitioner. will all be used as one overall Shopping center development. The petition has been reviewed by all of the County agencies and has received their approval. said Dr. Spagna. subject to certain staff stipulations. The Coastal Area Planning Commission has also recommended that the subject petition be forwarded to the Board with a recommendation of approval. he continued, subject to the staff stipulations plus an additional stipulation with regard to right-of-way donation. ,ww flA.R '"N- ~ ~OOI-. UIJO (Aut"""" ""''-t'''''c...llILl'.... ..... t '&'.JloJ Mr. William Vines, land Planner representing the petitioner, noted that the applicant has concurred with the stipulations imposed and has signed an affidavit ~o that effect. Hd sl'id that the petition is the first stage of about a four-stage submission process which will come before the Board and pertains to 40 acres of a 250-acre tract. He explained what is being planne~ for the entire development in atcord with the Water Management District 6 Plan. Mr. Thomas Peek. of Wilson. Miller, Barton, Soll & Peek, Project Engineeer for the development. addressed the matter of the water supply stating that the intent is to extend the County water service. which currently terminates at Barefoot Williams Road, to serve the project. He noted that the extension is included in the Comprehensive Plan recently reviewed by the Board. and that the financing of the extension would have to be worked out Whereby the developer would pay his fair share. Mr. Peek also stated that. responding to Commissioner Pistor, deceleration provisions are a part of the plan, including proper culvert- ing for entranceways and that the stipulations imposed include provisions for r~ght-or--way i~ the future when SR 951 is widened. There were no persons registered to speak on the matter, whereupon Com- missioner Pistor moved. seconded by Commissioner Archer. that the public hearing be closed. Vice Chairman Wenzel recommended that the public hearing be con- tinued. commenting that he could not approve the petition due to the questions which have been raised. Commissioner Pistor then moved to continue the public hearing until September 18. 1979 at which time a full Board will be present. Commissioner Archer inquired if the questions i~Jarding the en!ranceways. water supply. and the like. will be resolved at that time with Mr. Peek ex- pressing confusion over which questions have not been resolved. He said that the County has full control over the access points to both the major highways, with the Planning Commission concurring in the responsibility and control which the County has concerning traffic in providing for safe entrances, and that there is apparently no particular conflict envisioned by the Utility Director in extending the water line. as planned. September 11. 1979 Responding to Vice Chairman Wenzel. Utility Director Irving Berzon said that there w~re no plans at this time to extend the water line to the area if the development had not been projected. Vice Chairman Wenzel then questioned why the County taxpayers should have to make such an investment. Mr. Peek further explained that the subdivision would require a 10" line but that the Master Plan calls for a 16" line and that there is room for negotiation as t who will pay for the line and the total size of the line. Vice Chairman Wenzel said that the proper way would be for reimbursement to the original investor with Mr. Peek concurring with the comment that all that is involved is the proper method for doing this. Vice Chairman Wenzel restated the motion on the floor made by Commissioner Pistor to continue the public hearing' for one week. Commissioner Wimer seconded the motion. Commissioner Archer questioned the reason for the continuance since the developers would not have the answers to the questions raised at that time with C~nissi~ner Pistor pointing out the lack of a full Board and also the fact that Vice Chairman Wenzel had stated that he could not vote for the petition. Vice Chairman Wenzel stated that he could not vote in favor of the petiti~n unless the developer is willing to pay for the water line and. further. that he does not believe in continuous zoning changes from "A'. to something else and that there has not been shown a need for a commercial center at the location at the present time. Upon call for the question the motion to continue the petition for one week was carried 4/0 with Chairman Brown not present. PETITION R-79-19-C BY KERMIT QUAINTANCE REQUESTING REZONING FROM "A" TO "GRC" PROPERTY ON WtST SIDE OF 951 SOUTH OF GULF STATION - PUBLIC HEARING CONTINUED UNTIL SEPTEMBER 18. 1979. legal notice having been published in the Naples Daily News on August 10, 1979 as evidenced by Affidavit of Publication filed with the Clerk. public hearing was opened to consider Petition R-79-19-C filed by Kermit Quaintance requesting rezoning from "A" Agriculture to "GRC" General Retail Commerical for property located in Section 3. T50$, R26E. located on the west side of SR 951. south of the Gulf Station. . MOk 048 PACE'S87 eOOK ~M_ September 11, 1979 Pursuant to action taken on the companion Petition CP-79-2-C. Com- missioner P1stor moved. seconded by Commissioner Wimer and carried 4/0 with Chairman Brown not present. that Petition R-79-19-C by Kermit Quaintance be continued until September 18. 1979. ORDINANCE NO. 79-64 RE PETITION CP-79-3-C BY HENRY MINSTER REQUESTING Atl AMENDMENT TO ORDINANCE 79-32. COt~REHENSIVE PLAN. FOR PROPERTY LOCATEO ON THE SOUTH SIDE OF BONITA BEACH ROAO BETWEEN BAREFOOT BEACH AND lITTLE HICKORY SHORES - ADOPTED. PETITIONER'S AGREEMENT TO STIPULATIONS - ACCEPTED legal notice having been published in the Naples Daily News on August 24 and September 5. 1979 as evidenced by Affidavit of Publication filed with the Clerk. public hearing was opened to consider Petition CP-79-3-C by Henry Minster requesting an amendment to the Comprehensive Plan for com- merc~l land use to 0-6.22 units residential medium density for property located in Section 5. T48S. R25E, located on the south side of Bonita Beach Road between Barefoot Beach And Little Hickory Shores. Community Development Administratcr Neno Spagna located the property as being approximately 24 acres and shown in yellOW on tile map displayed and advised that a zoning change from commercial lAnd ~se to 0-6.22 density l'esidential l~nd use is being requested. The petition has been reviewed by all agencies. said Dr. Spagna, and is bei~g recommended for approval subject to the stipulations indicated. Also. said Dr. Spagna, unless the Comprehensive Plan is amended. the requested land use will not be in com- pliance with the Comprehensive Plan. ~r. Kunwar Jain. of Bruns & Bru~s. Inc., representing the petitioner. reported that all of the Changes recommended by the various departments and review agencies have been incorporated in the PUD document. zoning for which is being requested in conjunction with Petiton R-79-20-C to be acted upon during the session. There being no persons registered to address the matter, Commissioner Archer moved, seconded by Commissioner Wimer and carried 4/0 with Chairman Brown not present, that the public hearing be closed. September 11, 1979 \l~ .,.,~ ,. , . ',\>:;,,~,,'~';';~ .' ' . Commissioner Wimer moved, seconded bY~1sS10~r4;~~,~tor.. ~hat the ordinance. as numbered and titled below, be adopted and entered into Ordinance Book No. 10. and ,that the Agreement by the petitioner to the stipulations imposed be accepted. The motion carried 4/0 with Chairman Brown not present. ORDINANCE 79 - !L- AN ORDINANCE AMENDING ORDINANCE 79-32, THE COMPREHENSIVE PLAN FOR COLLIER COUNTY, FLORIDA BY AMENDING THE LAND USE ELEMENT WORK STUDY MAP U FROM COMMBRCIAL LAND USE TO 6,22- 30 UNITS MEDIUM TO HIGH DENSITY RESIDENTIAL LAND USE ON THE FOLLOWING DESCRIBED PROPERTY: A PARCEL OF LAND IN THE NORTHWEST 1/.. OF SECTION 5, TOWNSHIP 48 SOUTH, RANGE 2S EAST AND BY PROVIDING AN EFFECTIVE DATE t\ _J"\ "'--. September 11, 197~ ORDINANCE HO. 79-65 RE PETITION R-79-20-C BY HENRY MINSTER REQUESTING REZONING FROM "GRC". "RM-2" AND "MHRP-ST" TO "PUD" FOR PROPERTY LOCATED ON THE SOUTH SIDE OF BC~ITA BEACH RD. BETWEE~ BAREFOOT BEACH AND LITTlE HICKORY SHORES - ADOPTED. PETITIONER'S AGREEMENT TO STIPULATIONS. ACCEPTED Legal notice having: been published in the Naples Daily News on August 10. 1979. as evidenced by Affidavit of Publication filed with the Clerk. public hearing was opened to consider Petition R-79-20-C by Henry Minster requesting rezoning from "GRCtl, "RM-2" and "MHRP-ST" to "PUD" Planned Unit Development for property located in Section 5. T485. R25E, located on the south side of Bonita Beach Road between Barefoot Beach and Little H~ckory Shores. Pursuant to action taken on the previous item wherein rezoning of the subject property was discussed. and since there were n~ persons registered to speak. Commissioner Archer moved that the public hearing be closed. The motion was seconded by Commissioner Wimer and carried 4/0 with Chairman Brown not present. Commissioner Archer moved. seconded by Commissioner Pistor and carried 4/0 with Chairman Brown not present, that the ordinance as numbered and titled below be adopted and entered into Ordinance Book Ho. 10. and that the petitioner'l '* Agreement to the imposed stipulations be arcepted. *See previous item for Agreement. ORDINANCE 79 - 65 AN ORDINANCE AMENDING ORDINANCE 76-30, THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREAS OF THE COASTAL AREA PLANNING DISTRICT BY AMENDING THE ZON- ING ATLAS MAP NUMBER 48-25-3 BY CHANGING THE ZONING CLASSIFICATION OF THB FOLLOWING DESCRIBBD PROPERTY FROM "GRC" GENERAL RETAIL COMMERCIAL, "MHRP-ST" MOBILE HOMB RENTAL PARK SPECIAL TREATMENT, AND "RM-2" . RESIDENTZAL MULTI-FAHILY TO "PUD" PLANNED UNIT DEVELOPMENT: A PARCEL OF LAND IN THE NORTHWEST 1/4 OF SECTION 5, TOWNSHIP 48 SOUTH, RANGE 25 EAST AND BY PROVIDING AND EFFECTIVE DATE. " . n ""In" September 11. 1979 eoOK 048 PACE 392 ORDINANCE 79-68 RE PETITION R-79-16-C. MARCO ISLAND CORP.. REQUESTING REZONING FROM ItA_STIt TO '.PUDIt FOR PROPERTY IN SECTIONS 6 & 7. T52S, R26E - ADOPTED; PF.TITIONER'S AGREEMENT TO STIPULATIONS AND EXECUTED lETTER RE WATER- ORIENTED FACILITY IN LIEU OF B::ACH ACCESS - ACCEPTED WITH STIPULATIOn Legal notice having been published in the Marco Island Eagle on August 9, 1979. as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition R-79-16-C by the Marco Island Corp., requesting rezoning from ItA-ST" Agriculture Special Treatment to "PUDIt Planned Unit Development for property located in Sections 6 & 7. T52S. R26E to be known as Hideway Beach and located northwest of Tigertail Beach. Marco Island. Community Development Administrator Neno Spayna located the subject area on the map displayed as being 211 acres as shown in yellow on the map and is further located on the northwest portion of Marco Islenrl south of the Royal Marco Point single-family development in process. Dr. Spagna noted that the developer proposes a 623-unit single and multi-family development with a golf course and related uses on the described property. The petition has oeen r~viewed by all of the review agencies. he continued. and recommended for approval subject to certain conditions. one of which he pointed out for special consideration by the Board. Dr. Spagna observed that the Beach Access Ordinance requires two 100-foot access points somewhere on the property and the petitioner has indicated that he is will~ng to improve a park site to Piedmont Park, somewhat distant. from the particular area and serves no real beach-front purpose. Therefore. said Dr. Spagna. the staff recommended that, rather than develop an internal park facility. if the Board approves their improving an existing facility in lieu of the required 200 feet of beach access. that it be done on some water-oriented or beach-front park. It is the recommendation, he said, that either Tiger.tall Beach or some other area which. would p:'ovtde liea,ch- front type of recreation. be considered. Mr. William Rosenberg, of Henderson. Rosenberg and Associates, represent- ing the petitioner. explained in greater detail the type of development being planned. noting the deed restrictions which will be incorporated for the preservation of the natural environment. He said that the 200 foot heach access provision of the zoning requirements was discussed with the staff, and with September 11, 1979 residents of Marco Island and that, in lieu of the 200 feet on their property. the develo~ers would like to offer either the development of Piedmont Park or a boat ramp on Caxambas Pass. He said that the developers would leave such decision up to the Board as to which site they WOUld prefer. Commissioner Pistor suggested that the development of the boat ramp. which area was donated to the County several years ago. be the piece of property to be developed - the boat ramp. parking space and landscaping - in the Caxambas Pass area. He noted that this project is water-relatedt recreation - related. and is needed on the Island for use by the general public. Durin~ the discussion which followed. it was the consensus of the Board and the Vice Chairman so directed, that a specific proposal be pre- pared for review by the Board later in the session. Somewhat later. Dr. Spagna presented the subject letter for Board ap~roval which ~tipulates that a concrete boat ramp will be constructed and details the specifications for same. including a platform and seating area. together with appropriate landscaping. It waz pointed out during the ensuing discussion by Dr. Spagna that. in the event construction of the facility is not possible, due to inability to obtain permits. or the like, the County would have option of renegotiating that portion of the PUD. There being no persons registered to address the Board on the matter. Commissioner Wimer moved. seconded by Commissioner Pistor and carried 3/0 with Chairman Brown not present and Commissioner Archer absent momentarily, that the public hearing be closed. Commissioner Pistor moved. seconded by Commissioner Wimer. that the ordinance as numbered and titled below be adopted and entered into Drdinance Book No. 10; that the petitioner's Agreement to the imposed stipulations. ." and the executed letter with regard to the construction of a boat-ramp facility in lieu of providing beach access, be accepted. with the added stipulation that if permits cannot be obtained. that there be further negoti- atio"s with regard to a sum of money, in lieu of beach access. The motion carried 4/0 with Chairman Brown not present. NOTE: Exhibits on file in office of Clerk of the Board. ",,1\ ......._ MOK 048 rACE 396 September 11, 1979 PETITION R-79-21-C BY PETER CONE REQUESTING REZONING FROM "AM TO "CIM FOR PROPERTY LOCATED ON THE EAST SIDE OF EOOEWOOD DRIVE NORTH OF PINE RIDGE ROAD - PUBLIC HEARING CONTItlUE~ UNTIL SEPTEMBER 18. 1979. . legal notice having been published in the Naples Daily Hews on August 10. 1979 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition R-79-21-C by reter Cone requesting rezoning from "A" Agriculture to "CI" Commerica' Industrial on property located in Section 11, T49S. R25E. located on the east side of Edgewood Drive approxi- mately 660' north of Pine Ridge Road. Community Development Administrator Neno Spagna located the property in question as being that area shown in yellow on the map displayed. He explained that the petition has been reviewed by the various agencies and met with their approval subject to the stipulations outlined in the staff report. Also, said Dr. Spagna, the Coastal Area Planning Commission has recommended that the peti- tion be approved subject to said stipulations, noting that the proposed zoning complies with the Comprehensive Plan. Mr. Theodore HOfferber. representing the petitioner. said that the proposed use of the five-acre parcel is to construct garage-type metal ware- house storage units. Mr. Hofferber responded in the negative to Vice Chairman Wenzel's inquiry as to whether or not justification can be shown for the proposed use and the zoning change in the area, following which the Vice Chairman suggested that the petition be continued until such need can be justified. Dr. Spagna explained that most of the surrounding properties are zoned "eI" or "I" and that it would be appropriate to zone all of the property commercial or industrial of some type, commenting that. in his opinion, justification for the zoning change can be shown. Commissioner Pistor concurred that from his observation more such commen:ial areas are needed in that vicinity. Vice Chairman Wenzel questioned whether or not there is a need for additional land to be zoned commercial at this time due to the available commercial pro~rties and reiterated his desire to have such justification shown. September 11, 1979 Commissioner Pistor moved. seconded by Commissioner Wimer and carried 4/0 with Chairman Brown absent. that the public hearing be continued until Septem- ber 18. 1979 at which time a full Board would be present. ORDINANCE NO. 79-66 RE PETITION R-79-22-C, US HOME, REQUESTING REZONING FROM "GRC" AND "RM-l" AND "GC" FOR PROPERTY KNOWN AS LAKEWOOD UNIT 6 lOCATED AT SW CORNER OF DAVIS BOULEVARD & LAKEWOOD BLVD. - ADOPTED. PETITIONER'S AGREEMENT TO STIPULATIONS - ACCEPTED. legal notice having been publiShed in the Naples Daily News on August 10, 1979 as evidenced by Affidavit of Publication filed with the Clerk. public hearing was opened to consider Petition R-79-22-C by US Home. requesting re- zoning from "GC" Golf Course and "RM_l" Multi-family group housing to "RM-1" and "GRC" for property known as Lakewood Unit 6 located at the SW corner of Davis Boulevard and Lakewood Boulevard. Community Development AdminIstrator Neno Spagna explained that the re- zoning requested will result in a reduction in the number of units to be placed on the property and reported that the petition has been reviewed by all of the review agencies and meets with their approval subject to certain conditions stipulated in the Executive Summary. Mr. Wafaa Assaad. of Wilson. Miller. Barton, Soll & Peek. Inc.. represent- ing the petitioner s~id that the rezoninlJ is needed to adjust the 150undllry lines between the residential areas and the golf course area and that it places more land into open space. There being no persons registered to speak on the matter, Commissioner Pistor moved. seconded by Commissioner Ar.cher and carried 4/0 with Chairman Brown not present. that the public hearing be closed. Commissioner Pistor moved. seconded by Commissioner Wimer and carried 4/0 with Chairman Brown not present. that the ordinance as numbered and titled below be adopted and entered into Ordinance Book No. 10 and that the petitioner's Agreement to the imposed stipulations be accepted. ^ . ...... ~ ,...... MCK ~4B PACE 400 September' 11., 1979 RECESS: 9:50 A.M. until 9:58 A.M. '* '* '* AMENDMENT TO NORTH MARCO UTILITY FRANCHISE CHANGING THE DATE ON,WHICH THE FRANCHISE FEE IS PAYABLE - APPROVED Legal notice having been published in the Marco Island Eagle on August 16, 1979 as evidenced by Affidavit of Publication filed with the Clerk, public hearing 'Was opened to consider an amendment to tne North M~rco Uttlitr Fran.. chise by changing the date on which the franchise fee is payable, as requested by Fred Smith, President of North Marco Utility Company. County Attorney Pickworth explained that the utility firm has requested a change in the date for payment of the franchise fee i~ order for such pay- ment to coincide with their fiscal year which ends on February 28th each year. Mr. Pickworth read that portion of the proposed amendment which amends Para- graph 16 of said Agreement having to do with the change in the franchisee's date for payment of the subject franchise fee and stated that a letter dated August 21, 1979 from the utility firm has been received expressing agreement to the amendment. A representative of the utility firm was in attendance but declined the opportunity to address the Board. Comnlfssioner Archer moved, seconded by Commissioner Pistor an1 carried 4/0 wfth Chairman Brown not present. that the public hearing be closed. Commissioner Pistor moved. seconded by Commissioner Archer and carried 4/0 with Chairman Brown not present, that the Addendum to Sewer Franchise Agreement between the Board and the North Marco Utility Co. be approved and that the Vice Chairman be authorized to execute the document. '\" <.1' ., - ~ -' "".',-,, : BOOK 048 PACE 402 September 11, 1979 ORDINANCE NO. 79-67 AMENDING ORDINANCE 78-8 BY REVISING WATER USER RATES AND METER TAPPING CHARGES - ADOPTED. legal i.otice having been pub'fshed in the tfaples Daily 'lews on August 16, 1979 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider a proposed ordinance to amend Or~inance 78-8 by revising water user rates and meter tapping charges as requested by the Utility Division. Utility Director Irving Berzon read the proposed monthly water user rates for the various type living unit. including business and institutions. as well IS the existing rates. and. also. the proposed charges for meter tapping. as contained in the proposed ordinance. Mr. Serzon said that the ordinance could be reworded. where necessary and if deemed appropriate by the County Attorney. to stipulate that the rate shall be $0.75 per 1.000 gallons, or any part thereof. for all water used in excess of that allowed within the minimum charge. Vic~ Chairmbn ~enze1 commented that there has been "flack" regardfng single-family residences being charged a higher monthly water rate than a condominium residence and questioned why the rates could not be the same and thereby eliminate such criticism. Mr. Berzon said that the difference can be justified due to the fact that thp. actual size of the lines and the total cost of investment involved is diffarent between the two types of living units. He also commented that the City of Naples separates the two in the same manner and that the County's rate structure is tied to the City's. It was pointed out by County ~~nager Norman that the costs for meter-reading is less in multi-family residences and Mr. Berzon concurred, also noting that the costs for servicing the water lines is less costly for a line serving possibly two or three hundred customers than to service an individual 1 i ne. Mr. Mike Zewalk, North Naples Civic Association representative, voiced the concern of the residents in his area about paying a higher rate for water in single-family homes than those living in highrise apartments, pointing out that telephone and electrici~ rates are the same for both types of residences. He also suggested that. possibly there is no need for a rate September.ll,1979 increase since the losses reported by Hr. Berzon for the utility have de- creased sharply during the current year as opposed to the previous year. Mr. Berzon observed that the proposed rate increases do not include any increases in rates that the City might impose and said that if there is such an increase it will have to be passed on to the users. He said that the increases being proposed are to take care of the utility's losses plus the operating costs between now and 1982 at which point it is hoped that the operation will tlbreak even". He explained why the losses were higher during the first year.s operation. which he said were due mainly because of the costs involved in installing four master meters. and. therefore. the losses are about equal for the two years of operation. Mr. Thomas Peek. area resident. voiced his support of the increase. stating that. in his opinion. the increases are reasonable. Mr. Berzon reviewed the proposed changes in meter tapping charges which he said represents the actual cost of the physical meter and the hardware, piping. and plumbing materials to make the connection between the water main in the street up to the property line and where the meter is set. He noted that. at the present time. the County is followfng the rates the City has been following and ttlat the City has raised their rates also and, although not as high as the rates being proposed by the County. the increase is sub- stantial. Mr. Berzon concluded by stating that the rate increases are anti- cipation of a certain growth rate in the County and a certain water consumption rate which, 1f not realized. will d1minish the ability to recover the losses and sustain a break-even position. There were no further comments forthcoming, whereupon Commissioner Archer moved. seconded by Commissioner Pistor and carried 4/0 with Chairman Brown not present, that the public hearing be closed. Commissioner Wimer moved. seconded by Commissioner Pistor. that the ordinance as numbered and titled below be adopte~.as recommended by staff, and entered into Ordinance Book No. 10. 8001\ 048 PAGE 403 ". . ;', "~:'~;;:r:":'&;;.'~l:tr~';i:'SeptemberrIl;:f197~""";"":"~'" - D4B /WIt404' ~. ""i;'%;;~:r-':;l%;~'!~\~~:,.';:~;;;,I::'.;;~:;;~~:..'. At Conmissioner Archer's request, Hr. Berzon explained brfeflythe ratfo of increase between the 5/8N meter up to the 2N meter and how the costs were apportioned, considerfng the fixed costs involved and the actual . . costs of the meter and materials and labor involved in the installation. Upon call for the question, the motfon carried 4/0 with Chairman Brown not present. ORDINANCE NO. .22::U AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 78-8; PROVIDING FOR A REVISION TO THE METER TAPPING CHARGES AND SPECIAL CHARGES FOR METER INSTALL- ATIONS; PROVIDING FOR INCREASES TO THE WATER USER RATE SCHEDULES, ALL WITHIN THE COUNTY WATER-SEWER DIS- TRICT OF COLLIER COUNTY, FLORIDA; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. L__J '--' .___.,.1 September 11, 1979 RESOLUTION NO. 79-133 VACATING A 7.5' UTILITY EASEMENT ALONG nfE EAS~RN BOUNDARY OF lOT 2. REPLAT OF BLOCKS 4 & 5, NAPLES PARK UNIT 1 AS REQUESTED BY THOMA:: E. MCBRIDE. TRUSTEE. ADOPTED. legal notice having been published in the Naples Dafly News on August 24 and 31. 1979 as evidenced by Affidavit of Publication filed with the Clerk. public hearing was opened to consider a request by Thomas E. McBride. Trustee to vacate a 7.5' utility easement along the eastern boundary of Lot 2. Replat of Blocks 4 & 5. Naples Park Unit 1. County Engineer Clifford Barksdale explained that the vacation is being requested for the purpose of permitting the construction of a commercial bUilding on lots 1 and? in the subject location. He said that letters of "No Objection" have been submi tted by the utili ty companies and that the Engineering Department and the Chairman of the Water Management Advisory Board have reviewed the vacation petition and have determined that there are no signific3nt water management impact concerns. There wer2 no per!;ons registered to address the matter. Whereupon Com- missioner Archer moved, seconded by Commissioner Pfstor and carried 4/0 with Chairman Brown not present. that Resolution 79-133 vacating the 7.5' utility easement along the eastern boundary of Lot 2. Repla~ of Blocks 4 and 5. Naples Park Unit 1. be adopted. BOOK 048 PAGE 4DS RESOLUTION NO. 79-134 VACATING A PORTION OF PLAT OF LAKEWOOD, UNIT I. US HOME OF FLORIDA. INC. - ADOPTED. legal notice having been published in the Naples Daily News on August 24 and 31, 1979 as evidenced by Affidavit of PUblication, filed with the Clerk. pUblic hearing was opened to consider a request by US~Home of Florida, Inc. to vacate a portion 01 the plat of lakewood Unit I' as recorded in Plat Book 12. Pages 7. 8. & 9 of the Public Records of Collier County. Florida. County Engineer Clifford garksdale explained that the petition for vaca- tion of the sUbject area. identified as Blocks "M", "NI', and "0" on the map attached to the Executive Summary, has been reviewed and it has been determined that there is no significant water management impact. Also, said Mr. Barksdale. letters M "No objection" have been submitted by the llt111ty companies. There were no persons expressing a desire to address the matter. Whereupon Commissioner Archer moved. seconded by Commissioner Pistor and carried 4/0 with Chairman Brown not present. that the public hearing be closed. Commissioner Archer moved. seconded by Commissioner Pistor and carried 4/0 with Chairman Brown not present. that Resolution 79-134 vacating a portion of lakewood Unit 1 be adopted. BOOK 048 PACE 407 eoOK 048 PACE 410 September 11, 1979 RESOLUTION 79-135 CLARIFYING THE BOARD'S INTENT IN ADOPTING RESOLUTIONS R-78-125 AND R-78-126 GRANTING SETBACKS FOR IMPROVEMENTS ON LOTS 1 & 2. BLOCK "AM, BAKER-CARROLL POINT, UNIT 2 - ADOPTED. DECLARATION OF EASEMENT~ ACCEPTED. County Attorney Donald Pickworth explained that in August of 1978 the Bo~rd acted on a petition by Francis Weber requesting certain si~e yard and coastal construction line setback variances in order to construct a condo- minium on Gulf Shore Boulevard at Vanderbilt Beach. The variances were granted. said Mr. Pickworth; however. during the discussion the matter of beach access was deliberated with the petitioner agreeing to provide a ten-foot grass beach access at the southernmost end of his property in order to comply with the beach access ordinance which requires an access everyone-half mile. He said that providing the beach access at the southern end of his property was suggested due to the fact that strict compliance of the ordinance would place the access path through the middle of his property. Mr. Pickworth said that a search of the minutes does not clearly reflect the i~tent ,f the eoard in this regard and. if it was the Bo~rd's intent to approve the 10' beach access in lieu of the 100' strip. a proposed resolution has been drafted to clarify the matter and which will permit the petitioner to proceed with the project. Mr. Pickworth read the proposed resolution which he said will ascertain that the petitioner has met the beach access requirement. Commissioner Wimer moved, seconded by Commissioner Pistor and carried 4/0 with Chairman Brown not present. that Resolution 79-135. Clarifying the Board's intent in adopting Resolutions R-78-125 and R-78-126. be adopted. and that the Declaration of Easement pertaining to same, as offered by Vanderbilt Gulf Towers, Unit One. Inc., be accepted following recordation. " ,; l----J I._J September 11, 1979 PETITION CP-79-4-C. GAC PROPERTIES, INC. REQUESTING A COMPREHENSIVE PLAN USE AMENDMENT FOR PROPERTY lOCATED IN UNIT 2, GOLDEN GATE CITY . ADVERTISING AUTHORIZE~ FOR PUBLIC HEARII;G ~TOBER 23, 1979. Commissioner Archer moved. seconded by Commissioner Wimer and carried 4/0 that Petition CP-79-4-C by GAC Properties. Inc. requesting a Comprehensive Plan use amendment from Residential to Commercial and from Commercial to Residential on property located in Unit 2. Golden Gate City be authorized for advertising for public hearing October 23, 1979. PETITION CP-79-5-C, MANCHESTER INVESTMENTS, INC. REQUESTING A COMPREHENSIVE LAND USE AMENDMENT FOR PROPERTY KNOWN AS CORKSCREW CREEK lOCATED OFF OF IMMOKALEE ROAD - ADVERTISING AUTHORIZED FOR PUBLIC HEARING OCTOBER 23. 1979. Commissioner Archer moved. seconded by Commissioner Wimer and carried 4/0. that Petition CP-79-5-C by Manchester Investments. Inc. requesting a ComprehensIve Plan land use amendment from Agriculture to low-Medium Density Residential on property in Section 17. T48S. R26E known as Corkscrew Creek be authorized for advertiSing for public hearing October 23. 1979. PETITION R-79-29-C. ~NCHESTER INVESTMENTS. INC. REQUESTING REZONING FROM "A" AND "A-ST" TO "GC". "GC-ST" AND "RS-2" AND "RS-2-ST" FOR PROPERTY KNOWN AS CORKSCREW CREEK LOCATED OFF IMMOKAlEE ROAD - AUTHORIZED FOR ADVERTISING FOR PUBLIC HEARING OCTOBER 23. 1979. Commissioner Archer moved. seconded by Commissioner Wimer and carried 4/0. that Petition R-79-29-C by Manchester Investments. Inc. requesting rezoning from "A" and "A-ST" to "GC". "GC-ST", "RS-2" and "RS-2-ST" for property in Section 27. T48S. R26E. known AS Corkscrew Creek be authorized for adv'. tising for public hearing October 23. 1979. PETITION SMP-79-6-C, ~NCHESTER INVESTI1ENTS. INC. REQUESTING SUBDIVISION MASTER PLAN APPROVAL FOR CORKSCREW CREEK - ADVERTISING AUTHORIZED FOR PUBLIC HEARING OCTOBER 23. 1979. Commissioner Archer moved. seconded by Commissioner Wimer And carried 4/0, that Petition SMP-79-6-C by t-'.ancilester Investments. Inc. reque..ting Subdivision Master Plan for property known as Corkscrew Creek be authorized for advertiSing for public hearing October 23. 1979. ~(!~, 04R p'N:.d1'":J ,,:,,.. 'f'""":",,.. J . ':~~;"'.~ . ~ -. . MOK 048 PAGE 414- . September 11. 1979 PETITION R-79-23-c. CONCORD. H. C. GOCHENBACK. TRUSTEE. REQUESTING REZONING FROM "A" TO "PUD" FOR PROPERTY KNm!N AS CYPRESS LAKES - AUTHORIZED FOR AD- VERTISING FOR PUBLIC HEARING OCTOBER 23, 1979. Commissioner Archer moved. seconded by Commissioner Wimer and carried 4/0. that Petition R-79-23-C by Concord. H. C. Gochenback. Trustee. requesting rezoning from Agriculture to Planned Unit Development for property known as Cypress lakes located in the U; of S~ plus N~ of S~ of Section 9. T48S. R25E. be authorized for advertiSing for public hearing October 23. 1979. PETITION R-79-25-C. ROBERT TAYLOR. REQUESTING REZONING FROM "A" AND "A-ST" TO "CI' AND "CI-ST" FOR PROPERTY ON THE EAST SIDE OF EDGEWOOD DRIVE NORTH OF PINE RIDGE ROAD - ADVERTISING AUTHORIZED FOR PUBLIC HEARING OCTOBER 23. 1979. Commissioner Archer moved. seconded by Commissioner Wimer and carried 4/0. that Petition R-79-25-C by. Robert Taylor requesting rezoning from "A" and "A-ST" to "CI" and "CI-ST" for property located in Section 11 on the east side of Edgewood Drive north of Pine Ridge Road be authorized for advertising for public hearing October 23. 1979. PETITION R-79-26-C. MASON BURCH. REQUESTING REZONING FROM "A" TO "E" FOR PROPERTY LOCATED IN THE N~. SE~. NE~ OF SEC. 23. T49S. R25E. AUTHORIZED FOR ADVERTISING FOR PUBLIC HEARING OCTOBER 23. 1979. Commissioner Archer moved. seconded by Commissioner Wimer and carried 4/0, that Petition R-79-26-C by Mason Burch requesting rezoning from "A" to "E" for property locdted in the NW~. SE~, NE~ of Sec. 23. T49S, R25E, be authorized for advertising f~. public hearing October 23. 1979. PETITION R-79-27-C. GAC PROPERTIES. INC. REQUESTING REZONING FOR PROPERTY. IN UNIT 2. GOLDEN GATE CITY - AUTHORIZED FOR ADVERTISING FOR PU8lIC HEARING OCTOBER 23. 1979. Commissioner Archer moved, seconded by Commissioner Wimer and carried 4/0. that Petition R-79-27-C by GAC Properties, Inc. requesting rezoning from "RM-2" Multi-family to "CI" Commerical Industrial. "RM-2t' to "GRC" General Retail Conmerical. and "GRC" to "RM-2-B" Multi-family on property in Unit 2. Golden Gate City. authorized for advertising for pUblic hearing October 23, 1979. l._____ '--'-' . '----.I September 11, 1979 PETITION R-79-28-C, WYNDEMERE HOLDINGS, INC. REQUESTING REZONING FROM "PUD" TO "PUD" '10 CHANGE PLAN AND DEV~lOPMENT STANDARDS ON TRACT 7, GOLDEN GATE ESTATES - ADVERTISING AUTHORIZED FOR PUBLIC HEARING OCTOBER 23, 1979. Commissioner Archer moved, seconded by Commissioner Wimer and carried 4/0. that Petition R-79-28-C by Wyndemere Holdings. Inc. requesting rezoning from "PUD" to "PUD" to change plan and development standards on Tract 7. Golden Gate Estates. be authorized for advertising for public hearing October 23. 1979. PETITION R-79-31-C. BEAR'S PAW. REQUESTING A CHANGE IN THE RM-l ZONING BOUNDARY - ADVERTISING AUTHORIZED FOR PUBLIC HEARING OCTOBER 23. 1979. Commissioner Archer moved. seconded by Commissioner Wimer and carried 4/0, that Petition R-79-31-C by Bear's Paw. requesting a change in the RM-l zoning boundary be authorized for advertising for public hearing October 23. 1979. VACATION OF A PORTION OF AN AllEY ALONG EASTERN BOUNDARY OF LOTS 1 AND 2. AND LOTS 13 THROUGH 37. BlK. 18. AMENDED PLAT OF COLLIER CITY - ADVERTISING AUTHORIZED FOR PUBLIC HEARInG OCTOBER 9. 1979. Commi~sioner Archer moved. seconded by Commissioner Wimer and carried 4/0. that the vacation of a portion of an alley along the eastern boundary of Lots 1 and 2. and lots 13 through 37. Block 18. amended plat of Collier City. as reques~ed by the Board of County Commissioners. be authorized for advertising for public hearing October 9, 1979. PETITION CCSL-79-3-C. EAST BAY DEVELOPMENT CORP. REQUESTING A VARIANCE FROM COASTAL CONSTRUCTION SETBACK lINE FOR TREE REMOVAL - ADVERTISING AUTHORIZED FOR PUBLIC HEARING OCTOBER 2. 1979. Commissioner Archer moved, seconded by Commissioner Wimer and carried 4/0. that Petition CCSL-79-3-C by East Bay Development Corr. requesting a variance from the Coastal Construction Setback line for tree removal be authorized for advertising for public hearing October 2, 1979. 800K 048 PAGf4.15 ~J< 048 PAGf41.6 September 11. 1979 PETITION CCSl-79-4-C. VBC lIMITED. REQUESTING VARIANCE FR~~ COASTAL CONSTRUCTION SETBACK lINE ESTABLISHED BY ORDINANCE 75-19 - AUTHORIZED FOR ADVERTISING FOR PUBLIC HEARING OCTOBER 2, 1979. Commissioner Archer moved. seconded by Commissioner Wimer and carried 4/0. that Petition CCSL-79-4-C by VBC limited. requesting a variance from the Coastal Construction Setback line established by Ordinance 75-19. from its present location to approximately 171 feet landward of the mean highwater line to a location approximately 64 feet at the southern property line and 128 feet at the northern property line for property located on the west side of Gulf Shore Drive immediately north of the Vanderbilt Motel. be authorized for advertising for public hearing October 2. 1979. ORDINANCE AMENDING ORDINANCE 77-54. COllIER COUNTY ELECTRICAL CODE TO CLARIFY LANGUAGE DEFINING GROUNDING RODS - ADVERTISING AUTHORIZED FOR PUBLIC HEARING OCTOBER 23. 1979. Commissioner Archer moved, seconded by Commissioner Wimer and carried 4/0. that a proposed ordinance amending Ordinance 77-54. Collier County Electrical Code to clarify langauge defining grounding rods. be aut~rized for advertising for public hearing October 23, 1979. PETITION PU-79-12-C. SALVATORE CU,..,O. REQUESTING PU(7) OF "E" DISTRICT FOR CHILD CARE CENTER ON TRACT 123. UNIT 28. GOLDEN GATE ESTATES _ DENIED. Community Development Administrator Neno Spagna located the property under petition for provisional use as being on 29th Avenue, S. W., approxi- mately 660' east of 39th Street. S.W.. consisting of approximately 2-3/4 acres. and as shown in red on the map displayed. The petition has been reviewed by all of the required County review agencies and has met with their approvat subject to certain stipulations as set forth in the staff report. he said. Also. the Coastal Area Planning Commission recommended approval by a vote of 4/2 with one member abstaining. Dr. Spagna noted that among the reasons expressed by those members voting in opposition are the lack of need for a child care center. the poor fire protection and that the area is primarily residential and should remain so. l---l ~ ,!'~ ..' j' . . ~ September 11. 1979 Conmissioner Wimer. noUng that only the reasons for those in oppositi~~ to the provisioral IJse were detailed in the report by the CAPC. suggested that the report should be weighted evenly citing also the reasons given by those supporting the petition. Mr. William McGrath, CAPC member. explained that it has been suggested by the County Attorney that in the case of a Provisional Use. the CAPC should be explicit about the views held both pro and con and the commission has adopted the pro- cedure of presenting the negative views where there is a split vote among the members. He noted that the reasons for granting the petition are stated in the Staff Report. County Attorney Pickworth stated that he does not recall preparing a memorandum to this effect but that he would check into the matter. Mr. Salvatore Cummo. the petitioner. referred to the sketch of the property displayed. noting the location of his residence and the placement of the child care center. He provided the Board with information concerning the location of the nearest homes to the property and. due to the distance between the Center and the other homes in the area. he said there ~/f1l be no nuisances or disturbances created which would affect them. Responding to Vice Chairman Wenzel. Dr. Spagna said that the parcel of land is 180' x 660t and, in this particular case, it would allow two buildings to be placed thereon because the Center is being applied for as a provisional use. He said that the property would not allow two residences but that a guest house could be constructed under the pertinent ordinance. Commissioner Archer asked for a legal opinion as to whether or not the Board has the authority to grant a provisional use on a piece of property that already has a principal use established. Hr. Pickworth explained that it is a matter of interpretation that the Board has to make. He said that there is nothing in the zoning ordinance that expressly allows or prohibits the type of use as is being proposed. Further. said Mr. Pickworth, in re- viewing zoning law. he has been unable to find any case law pertaining directly to the matter of whether or not the establishment of a primary use precl udes the establ ishment of a provisional use on the same property. BOCK 048 PACE 418 , September 11, 1979 He said that there are two approaChes which the Board can take, emphasizing the need for consistency - i.e. prohibit the subsequent establishment of a provisional use; or, it can be 1n~rpreted as being permissible, retaining the discretion to examine each individual case as it comes up to see if that particular one is objectionable or not. The matter of permitting commercial ventures on residential property was discussed with Vice Chairman Wenzel suggesting that there is possibly a weakness in the zoning ordinance which permits the type of venture under discussion. Mr. Pickworth pointed out that in passing the ordinance the decision was made to permit it in this particular district. Commissioner Wimer commented that the law brought forth by the planning staff and the CAPCand adopted by the Board has determined that child care centers should be in a home-like atmosphere and, if all the rules and regulations have been met. the provisional use should be granted, in his opinion. Further, said the Commissioner. if the Board does not want this provision in the law, the law should be changed. Dr. Spagna observed that the ordina1lce is being reviewed with a recommendation forthcoming in the six-month review. Commissioner Wimer also noted that to his knowledge there were houses on the properties for which provisional use for a child care center was granted. some of the houses having had additions made theretc. Discussion followed concerning the definition of a child care center with Planner lee layne reading the legal definition of such establishment, comment- ing that it is not necessary that the establishment be a home. Commissioner Pistor noted that in this'case there are persons occupying the premises where the building for the Center will be built and, therefore, appears to fit in with the definition as it is written at present. The following persons registered opposition to the granting of the provisional use: 1. Nancy Bisbee 2. Donald Doco 3. Daniel Fabian 4. Betty Fabian (declined to speak) 5. David l. Schrodt 6. Carole Cass 7. David Boose September 11, 1979 To clarify a point brought out during the deliberations with regard to two structllres on the same p"'Operty. COlTInfssioner Pfstor read th,. definition for a guest house which is a permitted use under the ordinance; however, it is stipulated that the guest house may not be used for commercial purposes, said Commissioner Pistor. and even though a child care center could be considered a guest house. such use would not be permitted even though permitted under provisional uses. Ms. Layne read into the record a letter dated September 5, 1979 received from Alfred Kleivene. owner of Tract 150. Unit 28. Golden Gate Estates. ap- provins t.he pro..'fsional use being requested. Commissioner Wimer. commenting that all of the provisions of the law have been complied with. moved that Petition PU-79-12-C be approved. Vice Chairman Wenzel seconded the motion to get the motion on the floor. Mr. Donald Doco reiterated the comment he made earlier that under the law there is no way that two principal uses can be permitted on a piece of property and in permitting same a precedent would be set. Regarding the petitions and letters of opposition submitted, as noted by one of the speakers. Dr. Spagna advised that if they are sent to the CAPe. they are read during the public hearing concerning the matter held by that agency; if they are forwarded to the Board, they are read into the record during its' public hearing. Following a roll call vote the motion failed 1/3 with Commissioners Archer. Pistor and Wenzel voting in opposition and Chairman Brown not present. * * * Prior to the calling of a recess until the evening session but later in the meeting, Commissioner Archer asked that there be clarification of the action taken by the Board when it denied the Provisional Use petition requested by Salvatore Cummo. He stated that he had spoken with the County Attorney regarding the Board permitting two principal uses on the same property (even though one might be a Provisional Use) and concluded in his mino. that the Zoning Ordinance is not clear nor is the intent. For this reason, Commissioner Archer asked that it be indicated in the record that the Ordinances does not specifically say one way or the other that two uses could be permitted on one piece of property. such as principal use - residence an~ provisional use - day care center. 800K 048 PACt 1-19 ~OOK 048 PACf42D September 11. 1979 Vice Chairman Wenzel said that he also had spoken with the County Attorney and it is the County Attorney's opinion that there should be some correct.ons made - such a::, tl1ere should be no provisional use granted when the use of the property has already been established prior to the request for provisional use. Commissioner Wimer stated that the problem was not in the ordinance but was one of decision as to whether or not the Board wanted any day care centers in residential sections. At the request of Commissioner Archer, Dr. Spagna said he could prepare an amendment. perhaps not a final document, that would Clarify these points of conflict. He added that this preparation could be accomplished within the next two weeks. Vice Chainman Wenzel requested that Dr. Spagna confer with County Attorney Pickworth as to the wording of such an amendment. Commissioner Archer moved, seconded by Vice Chairman Wenzel and carried by 3/1 with Commissioner Wimer dissenting. that the reason for denying the provisional use requested by Salvatore Cummo was that the Zoning Ordinance covering two principal uses on the same piece of property was not specific nor clear. EXCAVATION PERMIT. WYNDEMERE HOLDINGS. INC., SEC. 19. T49S. R26E - APPROVED WITH STIPULAT~ONS. County Engineer Clifford Barksdale explained that the purpose of the excavation permit requested by Wyndemere HOldings. Inc. is to utilize the material in the construction of the entrance road from Golden Gate Parkway to the site of the proposed Wyndemere development; the site of the excava- tion being approximately one mile east of Airport Road and one-half mile north of the Golden Gate Parkway. Mr. Barksdale said that the application has been approved by the Engineering Department and administratively approved by three members of the Water Management Advisory Board with the fOllOWing stipulations: 1. All applicable provisions of County Ordinance No. 73-12 be adhered to. 2. The depth of the lakes shall not exceed 0.0 MSl. ""'''''''''\'~J 1.::.::......'i"...I'PJ lB. lIIiIi September 11, 1979 3. The applicant will comply with any new administrative requirements which become a part of the revised excavation ordinance. 4. lakes will be made to conform with the approved final site drainage plan for Wyndemere Subdivision. 5. In accordance with Paragraph IV(g) of Excavation OrdinAnce No. 73-12. no fee or bond shall be required since the material is to remain on site. Commissioner Wimer moved. seconded by Commissioner Pistor and carried 3/0 with Commissioners Archer And Brown not present. that the Excavation Permit for Wyndemere HOldings. Inc. for excavation in Section 19. T49S. R26E. be ap- proved, as recommended by staff. and subject to the aforementioned stipulations . . . At this time (11:05 A.M.) Deputy Clerk Brenneman was re~laced by Deputy Clerk Swindle. . * . TWO 9-5/8 INCH WATER WELL PERMITS REQUESTED BY COllIER COMPANY FOR PROPERTY LOCATED IN SEC. 5. T49S. R29E - APPROVED WITH STIPULATIONS. COu;1ty Eng1neer Barksdale presented the request by the Collier Company for permits for two 9-5/8 inch water wells to be located in the S~ of Sec. 5. T49S. R29E. and stated that the wells will be used in conjunction with oil drilling explorations. The depth of the wells is to be 125 feet with a 9-5/8 inch steel casing at a depth of 45 feet to 65 feet with the desired pumping capacity to be 330 GPM. Mr. Barksdale conCluded that the representative of the Water Management Advisory BClard had reviewed and approved the applications. Commissioner Archer moved. seconded by Commissioner Wimer and CArried 4/0 with Chairman Brown absent, that the two 9-5/8 inch water well permits requested by the Collier Company for the area described above be approved with the following stipulations: 1. That a copy of the driller's log be submitted to the County Engineering Department upon completion of the drilling operations. 2. That a water analysis regarding water quality be submitted to the County Engineer. OM', n4Q. _ A~I' n'~:'-';~~"""'-"~"."'T:-~""J..;:"F." ,'""'''~~~''..;-.,~-. ;.."'....c ';"':''''''''~:. eCCK 048 PACE422 .i.~-:;.,~~.. ~,,:~~:.,""..,j......-n.... .'.-...~_..u..;:\\l..-".lll~u..... ....~,...#-"'i!;"l.t.~i'~I1,..~'.i.:;.r~*~..." '!~ . . ; . .":';~~:. -,,"'.'.:~Se'"ptem6'er' ';; 1979f,'::-:-.~"':" . ,', ' \. .. TWO 9-5/8 INCH WATER WELL PERMITS REQUESTED BY COLLIER COMPANY IN SEC. 8, T49S, R29E - APPROVED WITH STIPULATIONS. , County Engineer Barksdale presented the request b.}i the Collier Company for permits fo~ two 9-5/8 inch wQter wells for property located in the ~ of Section 8, T49S, R29E and stated that the wells will be used in conjunction with oil drilling explorations. The depth of the wells is to be 125 feet with a 9-5/8 inch steel casing at a depth of 45 feet to 65 feet with the desired pumping capacity to be 380 GPM. Mr. Barksdale concluded that the representative of the Water Management Advisory Board had reviewed and approved the applications. Commissioner Archer moved. seconded by Commissioner Pistor and carried 4/0 with Chairman Brown absent, that the two 9-5/8 inch water well permits requested by the Collier Company for property described above be approved with the following stipulations: 1. That a copy of the driller's log be submitted to the County Engineering Department upon completion of the drilling operation. 2. That a water analYSis regarding water quality be submitted to the County Engineer. CORRECTIVE QUIT CLAIM DEED FOR lOTS 2 AND 3. BLOCK A. BAKER-CARROLL POINT. UNIT NO. 2 - ACCEPTED. 'VICE CHAIRMAN AUTHORIZED TO SIGN SAME In way of explanation. County Engineer Barksdale stated that the Quit Claim Deed sign~d by the Chairman and the Board of County Commissioners on July 17, 1979. for Mary Ann Hajdu and Midwest Bank and Trust Company. as Trustees. was incorrect. The purpose of this request. said Mr. Barksdale. was to correct the Grantee's name on the deed dated July 17. 1979. Commissioner Archer moved. seconded by Commissioner Pistor and carried 4/0 with Chairman Brown absent, that the corrective Quit Claim Deed for Lots 2 and 3. Block A. Baker-Carroll Point, Unit No. 2 be approv.ed and that the Vice-Chairman be authorized to execute same. [.."..-.....J ...;~ ,.'::,';/; --..;. .' ~ .. September 11. 1979 OFFER OF QUIT CLAIM DEED FOR PORTION OF ClAM PASS BY DElTONA TO COllIER COUNTY - REJECTED. County Engineer Barksdale stated that the Deltona Corporation had forwarded a Quit Claim Deed for a portion of Clam Pass, requesting that the Board of County C~Nnissioners accept the Quit Claim Deed for the area; however. it was the consensus of opinion of the Parks and Recreation Department. Dr. Jay Harmic and the Parks and Recreation Advisor,y Boa~ that the area in its present condi~ion is useless as part of the Tigertail Beach project. Mr. Barksdale also said that the area is already dedicated to the public by plat under Marco Beach Unit 14. Commissioner Wimer moved, seconded by Commissioner Pistor and carried 4/0 with Chairman Brown absent, that the Staff's recommend1tion of not accepting the Quit Claim Deed for a portion of Clam Pass as requested by Deltona Corporation be taken and the offer rejected. EXCAVATION PERMIT REQUESTED BY FRANK CRAPARO FOR PROPERTY lOCATED IN SEC. 18, T495. R26E - DENIED; REVISED lOCATI~;. OF PROPOSED EXCAVATION TO BE BROUGHT BACK TO BOARD ON SEPT. 18. 1979. County Engineer Barksdale explained that the Staff's recommendation for denial of the proposed excavation request by Frank Craparo in Section 18. T49S. R26E. was based on the fact that in this location the excavation activity would be detrimental to the proposed construction of the extension of Pine Ridge Road from Airport Road to 1-75 and. in addition. would not be in accordance with the criteria set forth in the Excavation Ordinance as it relates to "set back" from roadways. Since this recommendation was made. Mr. Barksdale stated there has been a meeting with Mr. Craparo and he has agreed to relocate the excavation. contouring it further to the south. which means the excavation would be located approximately 65 f~et south of the south ROW line. With this stipulation incorporated in the request for the excava- tion permit. the Staff would recomnend approval. Mr. Barksdale concluded. 10",,11 nAQ .. _. Jl?r BOOK 048 PAcf42B September 11. 1979 Follo~ing discussion that d~termined it would be better ff the revised excavation permit which fncludes the relocation of the excavation activity be brought back to the Board at the Regular Session of September 18, 1979. COl1111issioner Archer moved. seconded by Corrmissioner Pistor and carried 4-0. with Chairman Brown absent. that the excavation permit as requested by Frank Craparo be denied. It was the understanding of the Board. that the revised excavation permit request indicating the new location would be heard by the Board on September 18, 1979 with approval to be given at that time. COUNTY ENGINEER AUTHORIZED TO PROCEED WITH THE IMPlEMENTATTON OF THE ROAD IMPROVEMENT PROGRAM AS PRESENTED TO THE BOARD OF COUNTY COMMISSIONERS ON r~Y 8, 1979 AND EXPEND THE NECESSARY FUNDS It was a request by the County Engineer that he be authorized to proceed with the implementation of the Road Improvement Program as it was presented to the Board of County Commfssioners on May 8. 1979 and will include the expenditure of necessary funds. Mr. Barksdale listed the following projects as being the specific ones that are ready for commencement: 1. The resurfacing of Pine' Ridge Road. 2. Advertise for Consultant for the design of Golden Gate Parkway and Pine Ridge Road. 3. Preparation of ROW maps for Pine Ridge Road. 4. Proceed with the acquisition of the rights-of-way of the connector roads east of 1-75 as the State has prepared the ROW maps. appraisals are done and are now in the process of being transfe~red to the County. County Engineer Barksdale continued, that the County needs to proceed with such acquisitions - f.e. contacting property owners. making offers for the rights-of-way and this pertains not only to the connector roads but also the Pine Ridge Road. Commissioner Pistor moved, seconded by Commissioner Wimer and carried 4/0 with Chairman Brown absent. that the County Engineer be authorized to proceed with the Road Improvement Program as presented to the Board of County Commissioners on Hay 8. 1979 dnd expend the necessary funds. t'e>:.::..!4 ~~ ",;. lIIfgJ September 11, 1979 DISCUSSION RE FMHA FINANCIAL ASSISTANCE FOR THE (1) SEWER AREA "B" SOUTH HALF (EAST NAPLES; (2) WILLOUGHBY ACRES AREA WATER AND SEWER IMPROVEMENTS AND (3) MARCJ SEWER PHASE I SE~ER IMPROVEMENTS - ACTION TO BE TAKEN BY THE BOARD ON SEPTEMBER 18. 1979 Utility Director Irving Berzon introduced Mr. Frank W. Duval. Jr., District Director of Farmers Home Administration who outlined the three "letters of Conditions" as they relate to the financial assistance offered by the FmHA for the construction of the fOllowing three projects: 1. Sewer Area "B" South Half (East Naples) 2. Willoughby Acres Area Water and Sewer Improvements 3. Marco Sewer Phase I Sewer Improvements. Mr. Duval stated that each of the "Letters of Conditionslt must be concurred with by the Board of County Commissioners no later than September 18. 1979 or they will be null and void as funding for these projects will<not be available unless there might be Itpool monieslt available at the end of the next fiscal year - 1980. He identified the loans for each individual project as being: Monies not to exceed Marco Water/Sewer District Willoughby Acres Area County Water/Sewer District County Water/Sewer District - Sewer Area ItBIt $ 1,960.000 $ 1.342,500 $16.046,800 The repayment schedule for the loans concerning the Marco Water/Sewer District and Willoughby Acres Area Water/Sewer District is to be for a period not exceeding 20 years from the date of loan closing while the repayment of the loan for Sewer Area "Bit - County Water/Sewer District will be derived from a (1) revenue bond issue of $4.046.800 and a (2) assessment bond issue of $12.000.000. Mr. Duval reviewed the following areas of conditions. for each loan, that must be met in order to receive the requested monies: Number of Users and Verification required; Organization. Title to Property; Securi~ P-equirements; Use of Recognized Bond Counsel; Interim Financing; Business Operations; Accounts. Records. Audit Reports; Construction Contract documents and bidding; Insurance and Bonding Closing and other special requirements for each individual loan. aOOK 048 PACE 4Zl - ," "..", ,. .-' :(i;):'1i(,:';;~\;';iA:~t:'i~~~~:~~'~~E;:';~'f'~~~~~;~~,;,,:,:;:~.;:..' ; eoo~ 048 PACE 428 September n, 1979 .,"/0 Mr. C.D. Smith of Hough and Company suggested that the Board of County ~ . Commissioners review the letters of Conditions very carefully so as to be a~are of any problem that might a\ Ise in the area of "cross pledging of revenue" but also stated that the FmHA's proposals are probably the most generous that can be provided for the projects. At this time, Mr. Duval explained the reason why FmHA is requiring a Hen.on':the..water revenues as being that small portion of the Willoughby project that cannot be covered by assessment and because of this condition, the security of the water revenues is being stipulated as a condition. Vice-Chairman Wenzel then asked that the item be placed on the agenda for the meeting of September 18, 1979 which will allow the Board time to review the letters and still meet the indicated deadline for concurrence on September 18, 1979. DEPUTY CHIEF RAY BARNETT PRESENTS INTEREST CHECK IN THE AMOUNT OF $19,630 TO THE BOARD FROM THE SHERIFF's DEPARTMENT Oeputy Chief Ray Barnett, Sheriff's Department, presented a check in the amount of $19.630 to the Board and identified the monies as the interest derived from invested money during the FY 1978-79. The check was accepted by Vice- Chairman Wenzel with thanks. PAYMENT OF ROUTINE BILLS - AUTHORIZED Following Fiscal Officer Harold Hall's statement that the bills being presented for approval of payment have been prepared following established procedures and that funds are available, Commissioner Archer moved, seconded by Commissioner Wimer and carried 4/0 with Chairman Brown absent, that the bills be approved for payment as witnessed by the following warrants: ACCOUNT CHECK NO. 75 1 29 - 31 14 8 9 2 7 9 2 17 & 18 17 - 19 Genera 1 Fund Stockade Canteen Fund Road & Bridge 12: Interest & Sinking Golden Gate I & S Collier County Fire Dist. Immokalee Water/Sewer Special MSTO's Collier County lighting Sewer Dist. "A" I & S CETA Water Management l~ "- September ll, 1979 ACCOUNT Sewer Dist. "A" Assessments Sewer Dist. "A" Revenue Special Road Assessments Fire Hydrant Assessment Fund Municip1e Service Taxing Dist. Grants & Gifts Capital Improvement Rev. Cert. County Water System County Water Supply Intragovernmental Services Immokalet MVI ~larco lighting County Warrants BCC Payroll CETA BCC Payroll CHECK NO. 9 a 10 16 - 18 12 5 17 13 3 a 4 11 12 12 3 2 10540 - 10930 62690 - 62918 3411 3846 BUDGET AMENDMENT 79-142 RE TREATMENT FOR ENTRANCE ROAD FROM C-846 TO THE SEWAGE TREATMENT PLANT (SEWER SERVICE DISTRICT "A") IN THE AMOUNT OF $8.000 - ADOPTED Commissioner Archer moved, seconded by Commissioner Wimer and carried 4/0 with Chairman Brown absent, that the fOllowing BUdget Amendment 79-142, in the amount of $8,000 for the single surface asphalt treatment applied to the entrance road from C-846 to the Sewage Treatment Plant, Sewer Service District "A". be adopted. eOOK 048 PACE 429 1'1;I;1:llr.~ f!I8J ' . IJI!!l!II ,~ . ,. 'I"" September ll, 1979 . * * * * * * * . . . . *. . . * RECESS from l2:00 Noon to 1:30 P.M. . * * . . * . . * . * . . * . * RENEWAL OF ONE-YEAR lEASE OF IMMOKAlEE AIRPORT PROPERTY TO MR. HUEY P. HOWARD RE GRAZING RIGHTS - APPROVED - VICE-CHAIRMAN AUTHOR2ED TO EXECUTE SAME County Manager Norman presented the request by Mr. Huey P. Howard for a renewal of the lease he has had in the past for approximately 100 acres on the Immokalee Airport property which he uses for cattle grazing. Since the requested lease is subject to the approval of the Federal Aviation Administration and because the FAA no longer will approve long.tenm leases. the terms of the subject lease have been rewritten to include a one-year renewal with a renewal option to be reviewed each year by the FAA; the amount of land to be increased from 100 acres to 150 acres and the rental figure increased from $3.00 an acre to $4.65 an acre. Commissioner Pistor moved, seconded by Commissioner Archer and carried 3/0. with Chairman Brown and Commissioner Wimer absent, that the one-year lease for 150 acres of grazing land, located in the Ed Scott Airport South (Immokalee Airport property); east of the Runway and north of Motor Vehicle Inspection Station, between Hr. Huey P. Howard and the Board of County Commissioners be approved and the Vice-Chairman be authorized to execute same. . . . * * * * * * * '- t-, .,' >,... " ,;". .< ~.~:.~...., :;;.;,~".;",.;,. ",,~~~~~~t' :~~ ~~::t~:" ~:~:"~";;i~~ '1; -"''':~~~41!~~:~r'': "t~C'~~ ~.~...~ 6')0( 048 PAce486 I" September 11',. 1979 EMERGENCY ORDINANCE NO. 79-69, AMENDING ORDnlAr~CE NO. 79-57 REGARDING THE INCLUSION OF GOLDEN GATE ESTATES UNITS 2. 3,- 4 AUD gS IN THE DESCRIPTION OF COllIER COUNTY FIRE CONTROL DISTRICT '1 - ADOPTED. . County Manager Norman stated that in the recent amendment to the Collier County Fire Control District II, it was mistakenly assumed that Golden Gate Estates Units 2, 3, 4 and 95 immediately north of Golden Gate Fire Control District were part of the Golden Gate Fire Control District, and, for this this reason, they were not included as part of the Collier County Fire Control District 'I, as amended. Because these four units are no longer part of Fire Control District #1, teChnically they are not entitled to receive fire protection from Golden Gate Fire Control District under the agreement for services from that District. It is this situation that constitutes an emerg- gency, Mr. Norman continued, and he asked that the Board recognize it as such and adopt the proposed emergency ordinance to restore the four units to the Collier County Fire Control District #1. Commissioner Pistor moved that an emergency be declared and that the Emergency Ord~nance a~ numbered and titled below be adopted and entered into Ordinance Book No. 10. Commissioner Wimer seconded the motion and it was carried unanimously. ORDINANCE 79- 6.!- EMERGENCY ORDINANCE AMENDING ORDI- NANCE 79-57 TO INCLUDE GOLDEN GATE ESTATES, UNITS 2, 3, 4 and 95 WITHIN THE BOUNDARIES OF FIRE CONTROL DISTRICT #1; DECLARING THAT A PUBLIC EMERGENCY EXISTS; . DEFINING THE AMENDED AREA OF COLLIER COUNTY FIRE _ CONTROL DISTRICT #1; PROVIDING SEVER- ABILITY; PROVIDING AN IMMEDIATE EFFEC- TIVE DATE; AND PROVIDING FOR THE CLERK TO PUBLISH THE ORDINANCE. k'~'!!e'21 IIIIJ -.~ . " ",.. September 11, 1979 COUNTY MANAGER AUTHORIZED TO ATTEND SACC CONFERENCE IN PENSACOLA. FLORIDA SEPTEMBER 26 THROUGH 29. TRAVEL EXPENSES IN THE AMOUNT OF APPROXIMATELY $400 _ APPROVED. Commissioner Pistor moved, seconded by Commissioner Archer and carried 3/0 with Chairman Brown and Commissioner Wimer absent, that the County Manager be authorized to attend the State Association of County Commissioners conference in Pensacola. Florida for the dates September 26 through 29 and that travel expenses in the amount of approximately $400 be approved. LCASE-PURCHASE OF TWO EXISTING XEROX MACHINES PRESENTLY BEING RENTED ON AN ANNUAL BASIS - AUTHORIZED. County Manager Norman explained that there are only two high-volume Xerox machines still being rented instead of purchased and identified the machines as being the 4000 copier at the Main Branch of the library and the 3100 lDC located in Clerk Reagan's office on the second floor of BUilding "F", He stated that tl'e purchase of these machines would result in a savings of approximately $2,000. He asked for authorization from the Board to purchase the two machines and enter into an installment-purchase agreement for a period of 60 months at BS, the principal amounts being not more than $8.150.30 for the 4000 machine and $5,092.0a for the 3100 LDC with the expenditure to be charged to the intra-90vern~ntal xerox account and to be off-set by revenues of the department. Commissioner Archer moved. seconded by Commissioner Pistor and carried 3/0 with Chairm~r. Brown and Commissioner Wimer absent, that the lease-purchase* of the two Xerox machines as referenced above be authorized. *lease/purchase agreement not prepared as of this date. TRAVEL REQUEST FOR MEMBERS OF THE BOARD TO ATTEND SACC CONFERENCE IN PENSACOLA, FLORIDA - APPROVED. Commissioner Archer moved, seconded by Commissioner Pistor and carried 3/0 with Chairman Brown and Commissioner Wimer absent, that the travel request for those Board members wishin9 to attend the State Association of County Commissioners conference in Pensacola, Florida be approved. . ,- - =.~ ,.,.-.-_....~~-~i/~~...;:;""-:~'::".:..;....:'I7.::'"~~~~:~.\:-....'~'~;~.;::'~;~.~~ .............,.......:..,,.,. ......~....-, '.. . ....... . " -r-:; ~<.:"- ,:, J ,.:.... ...\ ",!.-'.~,_",.,:.~.r~ y ~,~~...J~.,.~',...,~~\;: f:,'N;_ tr.:...,~~~~~. ' . . . . . '.. .... '.' ~'.~ ~': .,"- '. '1:,"-"':" , . t ~-: ,\' . V', .:.... "-''f:~\~. , " ,'. ~ 048 -.438 REQUEST FOR AMBULANCE/EMERGENCY SERVICE BE PROVIDED FOR MARCO ISlAND DURING EMERGENCIES SUCH AS HURRICANES - TO BE RESEARCHED AND REPORT BROUGHT BACK TO BOARD. Administrative Aide Mary Morgan stated that a letter had been received from Lt. Robert Pistor, Acting for Chief Charles J. DiFranco of the Marco Island Fire Deparment, requesting that during a hurricane warning an ambulance with a minimum of two (2) personnel be on Marco Island at all times during the emergency and asked that the Board make this stiuplation part of the negotia- tions now taking place with American Ambulance. Commissioner Archer reported there is to be a meeting with all concerned tomorrow (9/12/79) and this item would be taken into consideration, saying he would report back to the Board as to the disposition of the request. . September II, 1979 RECOGNITION OF GEORGE HENDERSON FOR SERVICES DURING CIVIL OEFENSE DIRECTOR'S ABSENCE AND THE EMERGENCY OPERATIONS RELATING TO HURRICANE "DAVID" BY A CERTI- FICATE OF APPRECIATION AND APPROPRIATE lETTER - APPROVED. VICE CHAIRMAN AUTHO- RIZED TO SIGN SAME. Administrative Aide Mary Morgan presented the memo from County Manager Norman which reque~ted that the Board of County Commissioners give official recognition to the services of Mr. George Henderson, Civil Defense Communi- cations Officer, for long hours of filling in for the Civil Defense Director during his absence due to illness, and for Mr. Henderson's work during the emergency operations relating to hurricane "David". Commissioner Pistor moved, seconded by Commissioner Archer and carried 3/0 with Chairman Brown and Commissioner Wimer absent, that a Certificate of Appreciation together with the appropriate letter be forwarded to Mr. Geroge Henderson in recognition of services performed. DIRECTOR OF SOCIAL SERVICES MARTHA SKINNER APPOINTED AS THE COUNTY OFFICIAL TO WORK WITH NACO AND THE PROGRAM FOR THE AGING AGENCY. Commissioner Archer moved, seconded by Commissioner Pistor and carried 3/0 with Commissioner Wimer and Chairman Brown absent, that Social Services Director Martha Skinner be appointed as the county official to work with NACO and the program titled Aging Agency and that the Vice Chairman be authorized to execute the appropriate form. BCO~ 048 PACE440 CITY OF NAPLES' RESOLUTION NO. 3327 RE DUAL TAXATION TO BE REVIEWED BY COUNTY MANAGER AND COUNTY ATTORNEY - COUNTY ATTORNEY TO RECQfflEND APPROPRIATE ACTION AS REQUIRED BY LAW. Commissfoner Pfstor moved, seconded by Commissioner Archer and carried 3/0 with Chairman Brown and Commissioner Wimer absent, that the County Manager and the County Attorney be authorized to review the City of Naples' Resolution No. 3327 entitled "A Resolution pertainfng to Dual Taxation in the City of Naples; requesting the Board of County Commissioners of Collier County to take appropriate action pursuant to Chapter 79-87, laws of Florida; and providing an effective date" with the County Attorney to recommend action as required by law. VICE CHAIRMAN AUTHORIZED TO SIGN COMMITMENT OF CASH CONTRIBUTION FORM IN THE AMOUNT OF $3,000 FOR USE BY THE TRI-COUNTY NUTRITION PROGRAM/CONGREGATE MEALS. Commissioner Archer moved, seconded by Commissioner Pistor and carried 3/0 with Chainman Brown and Commissioner Wimer absent, that the Vice Chairman be authorized to sign the Commitment of Cash Contribution form in the amount of $3.000 for use by the Tri-County Nutrition Program/Congregate Meals. '''''.,.' ;'1,' " ' . 't ' ~ r September 11, 1979 eOOK 048 PACE 442 VICE CHAIRMAN AUTHORIZED TO SIGN LETTER TO PETITIONERS RE lICENSING OF SCHOOL PSYCHOLOGISTS. Follo,,'ing AdministrativE. Airle Mary Morgan's presentation of the County Managerts memo regarding the request of petitioners Schroeck, Primu$, landy and Sturbahn for the creation of a local psychologist license cl~ssification for the area of "School Psychologist", Commissioner Archer moved, seconded by COl1IIIissioner Pistor and carried 3/0 with Chairman Brown and Commissioner Wimer absent, that the Vice Chairman be authorized to sign a letter of thanks to the petitioners for their stated' interest but advising them that Ordinance 79-55. as written. provides all of the protection needed by the public at the present time. MISCELLANEOUS CORRESPONDENCE - FILED AND/OR REFERRED. There being no objection. the Chair directed that the following corres- pondence be filed and/or referred to the various departments as indicated below: 1. Letter dated 9/5/79 from Mr. Alfred Kleivene regarding Petition PU-79-12C/ Child Care Center for Salvatore Cummo and indicating that he wishes to gc on record as approving the proposed use for a child care center as shown in Cummo petition. Filed. 2. Fiscal Officer Hall's memo re recommendation for engagement _ CPA firm Audit of American Ambulance which include those items which should be incorporated in the audit - Memo dated 9/5/79. Filed. 3. Copy of letter dated 9/4/79 from County Manager to the Federal Com- munications Commission regarding the need for a license to operate the radio in connection with the telemetry system. Filed. 4. In accordance with the terms of the present contract, American Ambulance's notification to the BCC that one of its units was in- volved in an accident on 8/27/79 (ltr. dated 8/28/79). Filed. 5. Letter dated 8/27/79 from manager of Horizon House of Naples, Inc. regarding discontinuation of the lethal yellOWing program and his desire to see the County retain Ted Morgan - Copy to Personnel Director and filed. 6. letter dated 8/30/79 from Mr. lamar Thompson of Copeland re thievery of materials he had purchased to bring his house in the Big Cypress Acquisition area up to standards and questionfng the County's re- sponSibility under Ordinance 78-53. also, County Manager's reply. Filed. 7. Memo dated 9/6/79 from Utility Director Irving Berzon indicating he will be taking ten days of annual leave commencing on or about 9/19/79 and ending 10/2/79, work permitting. Filed. ~...r. ~~ ~."'7~Jt'~1~~'-~~:'''''!;,.r~~~:i~':i~r~;.~"~:':;~~':;:-:'';,:~,:-'~-:~~::f""":~~~,:.,~, 600K 0f8 PAcr4f4 September 11, 1979 19. Inform&tion dated 8/31/79 from National Association of Counties r. the 8th A~nual Employment P~licv Conference to be held in Louisville. KY _ Copy to Mrs. Hora, Personnel Director and filed. 20. Energy Mobilization Board - 8/31/79 communication alert on the House Committee which is to vote on the Energy l.jobil1zation Board once Congress returns from the August recess - Copies to Mindy Bronson and County Manager and filed. 21. Gordon River Watersh ed Study - Phase I - a copy of the study as prepared by CH2M Hill for the South Florida Water Management District has been submitted to the Board for its records - Filed. * * ." ." ." ." ." ." * RECESS: 1 :40 P.I.,. until 7:30 P.M. * ." ." ." ." ." ." ." * The meeting reconvened at 7:30 P.M. with the following members present: Vice-Chairman: Clifford Wenzel John A. Pistor C. R. "Russ" Wimer Thomas P. Archer ALSO PRESENT: William J. Reagan, Clerki Harold L. Hall. Fiscal Officer/Chief Deputy Clerk; Bob Best, Budget Analyst; Jean S~/indle; Deputy Clerk; Clifford Barksdale. County Engineer; and Mary Morgan, Administrative Aide to the Board. lEAA GRANT RE NAPLES WILDERNESS PROGRAM/JUDGE TRETTIS - APPROVED WITH STIPULATIONS Commissioner Pistor moved. seconded by Commissioner Wimer and carried 4/0 with Chairman Brown absent. that the Vice-Chairman be authorized to sign the lEAA grant appl1cation* for funds regarding the Naples Wilderness Program/ Judge Trettis with the stipulation that said grant agreement be reviewed by the County Attorney and the Fiscal Officer before being executed. *Grant application not received this date. FIRST PUBLIC HEARING RE PROPOSED MILLAGES FOR FY 1979-80 Vice-Chairman Wenzel formally opened the first of two public hearings for the establishment and approval of the millage for the FY 1979-80 and asked Fiscal,Officer Hall to make a brief explanation of what the millage has been and what it will be if approved by the Board. t '.' ':"~:,c'~ ['''') :"';~l~f: ~ September 11, 1979 Fiscal Officer Hall stated that the proposed/tentative budget for FY 1979-80 having been approved by the Board resulted in a proposed millage for the County-wide funds of 5.4~ mills, representing a decrease of .02 mills from the current millage and, as contrasted with the certified millage which gives the millage that will be levied on today's valuation to return the same number of dollars as was realized last year, would be a slight increase. He said that for practical purposes this is a slight decrease; each property owner with no change in properties would receive a .4% decrease; however, there are several other funds - i.e. road funds, lighting districts. fire control districts, special funds, that may have a change or remain the same. Fiscal Officer Hall verified that the Proposed Millages for FY 1979-80 had been published, as required under Chapter 200. Florida Law. as evidenced by the Affidavit of Publication from the Naples Daily News, dated September 3, 1979 ffled with the Clerk. He acknowledged that this was the first of two required pu~lic hearings with the second public hearing to be authorized for advertising at the close of the hearing. He explained that there is no action required of the Board during this session other than to hear from the public. In reviewing the next steps to be taken, Mr. Hall stated that upon completion of this hearing. the Board will set the date for the second public hearing, direct that the advertiSing be placed in the newspaper with directions also being given that a millage resolution be prepared reflecting the millages that will be approved in the next public hearing. Commissioner Pistor noted. at this point, that the Marco Island Lighting District is being investigated and stated he did not think the millage would be .2785 at the end of the investigation. Fiscal Officer Hall said that County Engineer Barksdale had obtained more recent cost information than had been originally available at the initial budget preparations which indicates there will be a reduction in the costs based upon the implemen- tation plan of the lee County Co-op. County Engineer Barksdale reported that at next Tuesday's meeting he would have new figures for the proposed budget. Commissioner P1stor moved. seconded by Vice-Chairman Wenzel and carried unanimously, that the Public Hearing be closed. . ... ......:... .', eOOK 04B PACE448 Fiscal Officer Hall explained that in ,past years the,Board of County Commissioners has, by resolution, certified the millages of the independent fire control districts And the ind~pendent mosquito control district but that the proposed millage resolution to be accepted at the next public hearing will not include the independent tax districts. He continued, that the independent tax districts, rather than certifying to the Board of County Commissioners can, by using the Form DR 421 that the Department of Revenue requires under the new legislation with the 105S cap. certify directly to the Property Appraiser. The Property Appraiser will then use his copy of the above-referenced certification for the certified millage. Because of this change the Board of County Commissioners will no longer be required to review and certify the millages for the independent tax districts. For the past few years. the independent districts have been able to certify directly to the Property Appraiser, however, the Board of County Commissioners has continued doing this because it has worked well in the past but due to the requirement coming from the 1979 legislation that requires that each independent district certify directly to the Department of Revenue, a copy of this certification can replace the certification that the Board of County Commissioners has prepared in the past. Mr. Hall concluded that the millage resolution that is to be prepared for the next public hearing will cover only the tax districts that are administered by the Board of County Commissioners. Commissioner Archer moved, seconded by Commissioner Wimer and carried unanimously. that the public hearing be closed and that the second and final public heAring on millages be held at 9:00 A.M., Tuesday, September 18, 1979 in the Boardroom. Building "F" and the Clerk be authorized to re-advertise this public hearing with millages the same as advertised for the first public hearing. r'l~M rm ~"'~""'!."':"\lj'rt~J"~'()~("!f:.-';:J.~"~~'f,:_~~,iI);~;{c.,':: I!iiIJ . · ...... ..::'~;~~~.:,~I;{:'XL,,~,,; ." . ., : September 11 /1979 There being no further business to come before the Board, the meeting ~as adjourn~ by order of the Ch&~r: Time: 7:50 P.M. BOARD OF COUNTY COMMISSIONERS EX-OFFICIO GOVERNING BOARD(S) OF SUCH SPECIAL DISTRICTS UNDER ITS CONTROL ~l~ ft_.., NR __AA"'I