BCC Minutes 10/23/1979 R
,0..
.~ :
-"I .... . II .41....
Naples, Florida, October 23, 1979
LEi IT BE REMEr~ERED, 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 an~ 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. Pistol"
C. R. "Russ" Wimer
Thomas P. Archer
ALSO PRESENT: Harold L. Hall, Chief Deputy Clerk/Fiscal Officer;
Edna Brenneman, Jean Swindle (10:20 A.H.) and Darlene Davidson (2:00 P.M.).
Depu~ Clerks; C. William Nerman. County Manager; Donald A. Pickworth.
Coun~ Attorney; Neno J. Spagna. Community Development Administrator;
Clifford Barksdale. Public Works Administrator/County Engineer; Anthony
Pires. Assistant County Attorney~ Mary Morgan, Administrative Aide to
the Board; and Deputy Chief Raymon~ Barnett, Sheriff's Department.
~
BOARD OF COUNTY COMMISSIONERS
FINAL. AGENDA
October 23, 1979
....
NOTICE:
ALL PERSONS SPEAKING ON ANY AGENDA ITEM'MUST
REGISTER PRIo.R 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 .PUBLIC
PETITIONS" AT 11:00 A.M.
1 . INVOCATION
2. PLEDGE OF ALLEGIANCE
3. APPROVAL OF AGENDA
4. APPROVAL OF MINUTES: October 2 & 9, 1979
S.
6.
PROCLAMA'rHNS.AND PRESENTATIONS OF AWARDS
SOCIAL SERVlCE9Y I
~~ 049.ul89
." . 4.,.
October 23, 1979
CHAIRMAN ACKNOWLEDGES PRESENCE. OF HARRY E. O. HEINEMAN. FORMER MAYOR
OF THE CITY OF NAPLES.
Ch~l~n Brown acknowle~ded the presence of Former Mayor Harry E.O.
Heineman. City of Naples, and welcomed him to the meeting.
AGENDA - APPROVED WITH ADDITIONS/DELETION/ALTERNATION ~
Commissioner Pistor moved, seconded by Commissioner Wenzel and
carried unanimously. that the agenda be approved with the following
additions, deletion and adjustment:
1. Proposed proclamation establishing October 24, 1979
as the day to honor the International Year of the
Child - Added under Proclamations.
2. Authorization to reschedule advertising for two petitions
re Ideal Fish Camp property - Added under Requests
for Advertising.
3. Petition PU-78-24C. Elhanon Combs - Deferred to
November 6. 1979 at request of petitioner.
4. Request by Moorings. Inc. for creation of a Health
Facilities Authority for Collier County - Agenda
altered to hear request prior to start of public
hearings this date.
MINUTES OF OCTOBER 2 AND 9. 1979 - APPROVED
Commissioner Archer moved, seconded by Commissioner Pistol" and
carried unanimously, that the minutes of the meeting of October 2 and
October 9, 1979 be approved as presented.
PROCLAMATION ESTABLISHING OCTOBER 24. 1979 (UNITED NATIONS DAY) AS
DAY TO HONOR THE "INTERNATIONAL YEAR OF THE CHILD" - ADOPTED
Commissioner Archer read the following Proclamation establishing
Wednesday, October 24. 1979 (United Nations Day) as the day to honor
the International Year of the Child and moved its adoption. Commis-
sioner Wimer seconded the motion which carried unanimoUSly.
Ms. Florence Thomason received the executed Proclamation on behalf
of the children of Collier County and reported to the Board the results
of the poster contest to commemorate the event wherein two local high-
school students were awarded rec09~itl~n by the judges.
~K U';l~ r'A'E 4111
:' I .,. . '~,.
October 23, 1979
PROPOSED ORDINANCE TO CREATE A HEALTH FACILITIES AUTHORITY FOR COLLIER
COUNTY PURSUANT TO CHAPTER 154 FS, AS REQUESTED BY MOORINGS, INC. _
ADVERTISING AUTHORIZED FOR PUBLIC HEARING AT EARLIEST AVAILABLE DATE
County Attorney Pickworth explafned that a request has been
received from The Moorings, Inc. for the extablfshment of a Health
Facilities Authority for Collier County, pursuant to Chapter 154 of
the Florida Statutes. He recalled that several months ago The
Moorings, Inc. received approval for a PUD for facilities they wish
to construct off Goodlette Road, namely a Health Care Center, and,
to finance the facflity, and as a way to pass savings along to the
facility users by tax-exempt finanCing, the establfshment of an author-
ity to accomplish this is being sought by the developers.
Mr. Fred Allen, representing The Moorings, Inc., observed that
the organization is a non-profit corporation which was organized
for the purpose of creating a residential retirement and health-care
faCility in the City of Naples and that he was addressing the Board
in support of the Authority and, if created, it is the intent to
petition the Authority for tax-exempt bond financing.
Mr. Howard Weston, r~presenting Arch' Roberts & Co.. investment
firm, and The Moorings, Inc., stated that his firm, along with a New
Y~rk bond firm, have been engaged by the subject developer to assist
in financial planning for the project. He explained the purpose of a
Health Facilities Authority, its functions and the success that such
Authority has had in other areas. He said that projects, so financed,
are solely supported by revenues from the projects and assured the
Board that there are no obligations of Collier County nor. in the unlikely
event of an unsuccessful project, would there be any negative repercussions
against the County as a result of the financing, noting that it is a
vehicle to secure "cheaper" money for non-profit organizations that wish
to proVide needed health-care facilities in the community.
Upon the advice of Attorney Pickworth. Commissfoner Wenzel moved.
seconded by Commissioner Pistor and unanimously carried, that the pro-
posed ordinance for the creation of a Health Facilities Authority for
Collier County be advertised for a public hearing at the earliest available
date.
October 23, 1979
ORDINANCE 79-77 RE PETITION R-79-26C, MASON BURCH, REQUESTING REZONING
PROPERTY IN 523, T49S, R25E. FROM "A" TO "E" - ADOPTED, SUBJECT TO STAFF
STIPULATION; PETITIONER'S AGREEMENT TO STIPULATION - ACCEPTED
L'~al notice having bee~ published in the Naples Daily News on
September 21, 1979 as evidenced by Affidavit of Publication filed with
the Clerk. public hearing was opened to consider Petition R-79-26C,
filed by Mason Burch, requesting rezoning ~crtain property in Section 23,
Township 49 South, Range 25 East, from "A" Agriculture to liE" Estates.
Planner Lee Layne located the property on the map provided as being
on Bailey Lane, just north of Poinciana Village, west of the child care
center and the convenience store on North Airport Road. She said that
the rezoning request has been reviewed by the staff a~d the Coastal Area
Planning Commission and recommended for approval subject to the following
stipulation:
1. Site drainage plan to be submitted to and approved
by the County Engineer prior to the issuance of any
building permits. (WMAB)
Mr. Wafaa Assaad of Wilson, Miller. Barton, Soll & Peek, repre-
senting the petitioner, added the information that the EIS was submitted
to and approved by Dr. Jay Harmic. County Environmental Consultant.
There being no persons registered to address the matter, Commis-
sioner Wenzel moved, seconded by Commissioner Pistor and carried
unanimously, that .the public hearing be closed.
Commissioner Pistor moved that the Ordinance, as numbered and
titled below, regardin~ Petition R-79-26C. be adopted and entered
into Ordinance Book No. 10, subject to the above-referenced stipulation.
and that the Petitioner's Agreement to the stipulation be accepted. The
motion was seconded by Commissioner Wenzel and carried unanimously.
ORDINANCE 79 - ~
AN ORDINANCE AMENDING ORDINANCE 76-30,
THE COMPREHENSIVE ZONING REGULATIONS FOR
THE UNINCOPORATED AREA OF THE COAS'I'AL AREA
PLANNING DISTRICT, BY AMENDING MAP NUMBER
49-25-6 BY REZONING THE FOLLOWING DESCRIBED
PROI-ERTY FROM "A" AGRICULTURE TO liE" ESTATES:
THE NORTHWEST 1/4, SOUTHEAST 1/4, NORTHEAST
1/4, SECTION 23, TOWNSHIP 49 SOUTH'LRANGE
25 EAST AND BY PROVIDING A~ EFFECTIVE
DATE . .
. .-*",
, n .q , .
II""" 'la, Il.",.'A7?
October 23, 1979
RESOLUTION 79-161 RE PETITION PU-79-15C. MASON BURCH. REQUESTING PU(5)
OF MEM DISTRICT FOR NURSING HOME ON PROPERTY LOCATED IN S23t T49S, R25E _
^DOPTED WITH STIPULATIONS; PETITIONER'S AGRED1ENT TO STIPULATIONS _
ACCEP','ED
During the discussions with regard to the previous petition wherein
rezoning was approved for property located in Section 23, Township 49
South. Range 25 East, as requested by Masun Burch, Planrer Lee Layne
noted that the netitioner was requesting a Provisional Use of the liE"
Estates District to permit the construction of a nursing home on sub-
ject property. She said that the petition has bfen reviewed by staff
and review agencies and recommended for approval with certain stipu-
lations to which the petitioner has agreed.
Commissioner Pistor moved. seccnded by Commissioner Archer and
carried unanimously. that Resolution 79-161 with regard to Petition
PU-79-15C, filed by Mason Burch, requesting Provisional Use (5) of
the "E" District for the ~onstruction of a nursing home on property
located in Section 23. Township 49 South, Range 25 East. be adopted
subject to the stipulations imposed, and that the petitioner's
Agreement to the stipulations be accepted.
.
.
.
.
.
.
.
.
800IC" 04tl p.lrr..~"'''''
October 23. 1979
ORDINANCE 79-78 RE PETITION CP-79-4C, GAC PROPERTIES, INC., AMENDING
COMPREHENSIVE PLAN RE VARIOUS PROPEPTIES LOCATED IN GOLDEN GATE CITY
UNIT 2 - ADOPTED PURSUANT TO STAFF RECOMMENDATIONS
It!ga1 notice haVing be~" PUbliShed in the Naples Daily News on
October 7 and 18, 1979 as evidenced by Affidavit of Publication filed
with the Clerk, public hearing was opened to consider Petition CP-79-4C,
filed by GAC Properties, Inc., requesting Comprehensive Plan Amendment
from 6.22-30 Residential Land Use to Commercial Land Use on Lots 1-10,
Block 73, and Lots 1-20, Block 74, Golden Gate City Unit 2, and from
Commercial Land Use to 6.22-30 Residential Land Use on Block 30. less
the north 275', Unit 2, Golden Gate City.
Planner Lee Layne explained that the petition involves three pro-
perties, i.e. t~e first propp.rty located in the northeast section of
Golden Gate City, along 40th Terrace. S.W. - presently shown as 6.22-30
on the Comprehensive Plan for which a change to Commercial land use
is being requested; the second property is immediately south of t~e
aforesaid, presently shown as 6.22-30, requesting a change to Commercial
land use. and the third piece of property, located on 23rd Avenue, S.W.
and 42nd Street. S.W., shown as Commercial and the request is for a
change to 6.22-30 Land Use. She said that the staff recommended denial
of the two changes to Commercial zoning, and recommended approval of t~e
change from Commercial to Residential Land Use. She continued by stating
that the Coastal Area Planning Commission has recommended approval of
all the requested zoning changes.
Mr. Wafaa Assaad, of Wilson, Miller, Barton, Soll & Peek, stated
that his firm prepared the exhibits for the petition and explained that
the proposed changes would not increase the amount of land set aside
for Commercial, noting that such zoning would be reduced byapproxi-
mately 2.7 acres. Mr. Assaad noted that there is a lack of "C-I"
in an area like Golden Gate City shown on the Comprehensive Plan. He
said that GAC owns most of the surrounding properties with the excep-
tion of two parcels and that they would be the one$ to be impacted, if
'&001( . 049 PAri ~a
....'
:eooK 049 f'A~:ta1
October 23. 1979
there is any impact, and that the rest of the property owners have been
notified and are aware of the proposed changes. Also. said Mr. Assaad,
several p~~sentations have ~ee~ made to the Golden Gate Civic Associa-
tions and the changes have been recommended by them, and that a letter
to this effect from the Civic Association has been received which indicates
their support of t~e ~equest.
Col. H. E. Jenkins, representing the GAC corporation. explained
the advantages to be gained by approving the amendment to the Comprehen-
sive Plan, citing each change individually, and concluded by stating that
the area is desperately in need of "C_I" type zoning at the prese",t time
to be used for such purposes as storage areas, outside storage for
vehicles, laundries,and the like.
During the discussion which followed, Ms. Layne pointed out the
reasons why certain portions of the petition were recommended for denial
among them the feeling that the present high density residential land
use provides a good buffer between the present commercial and the low
residential land use to the west and that the recommendation for denial
of the commercial zoning change in the northern portion of the subject
property was based on the concern that there would be an increase in
comm~rcial traffic throughout the area.
Golden Gate R~altor Robert J. Christl pOinted out that tho Golden
Gate area is not ideally zoned by today's standards and that with the
advent of the "E" Estates zoning a lot of commercial zoning was taken
away. Further commenting, Mr. Christl said that. in his opinion. with
the rapid growth in Golde" Gate the community cannot afford the loss
of total commercial property.
Mr. Joe Schloss, Golden Gate property owner. supported the peti-
tion; however, responding to Commissioner Pistol", he said that it is
nClt, in his opinion, necessary to have "C-I" zoning, citing the need
for more "GRC" zoning to provide for additional shopping areas.
October 23, 1979
At the conclusion of additional brief discussion, Commissioner
Pistor moved, seconded by Commissioner Wenzel and carried unanimouSly,
that the pUblic hearing be closed.
Commissioner Pistor moved that the ordinance re Petition CP-79-4C
by GAC Properties, Inc., amending the Comprehensive Plan by changing
the residential land use on Lots 1-20, Block 74, and Lots 1-10, Block 73,
Golden Gate City Unit 2 to commercial land use be adopted. The motion was
SUbsequently withdrawn by the maker and the seconder.
Commissioner Wimer moved that the Ordinance, as numbered and entitled
below, with regard to Petition CP-79-4C. by GAC Properties, Inc., amending
the Comprehensive Plan by Changing from Commercial Land Use to 6.22-30
Residential Land Use on Block 10, and changing from Residential Land use to
Commercial Land Use on Lots 1-20, Block 74 and Lots 1-10, Block 73, Golden
Gate City, be adopted. The motion was seconnded by Commissioner Archer and
carried unanimously.
ORDINANCE 79 - ~
AN ORDINANCE AMENDING 79-32, THE COMPRE-
HENSIVE PLAN FOR COLLIER COUNTY, FLORIDA,
BY AMENDING THE LAND USE ELEMENT WORK
STUDY AREA MAP 3 FROM RESIDENTIAL,
6.22-30 UNITS PER GROSS ACRE '1'0 COMMERCIAL
ON THE FOLLOWING DESCRIBED PROPERTY:
BLOCK 73, LOTS 1 THROUGH 10, GOLDEN GATE
~t.TBDIvrS ION UNIT 2: BLOCK 74, LOI'S 1
THROUGH 20, GOLDEN GATE SUBDIVISION UNIT
2; AND FROM COMMERCIAL '1'0 RESIDENTIAL,
6.22-30 UNITS PER GROSS ACRE ON THE
FOLLOWING DESCRIBED PROPERTY ALL OF
BLOCK 30, LESS THE NORTH 275 FEET THEREOF,
~LDEN GATE SUBDIVISION UNIT 2 AND BY
PROVIDING AN EFFECTIVE DATE.
PETITION R-79-27C, GAC PROPERTIES, INC., REQUESTING VARIOUS ZONING CHANGES
ON CERTAIN PROPERTIES LOCATED IN GOLDEN GATE CITY, UNIT 2 - PUBLIC HEARING
CONTINUED UNTIL NOVEMBER 6. 1979 TO PERMIT FURTHER REVIEW BY ENGINEERING
STAFF
Legal notice having been published in the Naples Daily News on
September 21, 1979 as evidenced by Affidavit of Publication filed with
the Clerk, public hearing was opened to consider a proposed ordinance
with regard to Petition R-79-27C, as filed by GAC Properties. Inc..
requesting rezoning from "GRC" to "RM-1B" on Block 30, less the north
'~~. 049 ~~ lB2.
. .
6QCK. 049 mEm
.
...
October 23, 1979
275', from "RM-2" to "CI" on Lots 1-10, Block 73. and from A'Rr~-2" to
"G~C" on Lots 1-20. Block 74, Golden Gate City Unit 2.
Pursuant to discussion held with regard to Petition CP-79-4C
upon which the Board took action just prior to the matter under dis-
cussion, Commissioner Wimer expressed his concern over the rezoning of
the subject properties, particularly with regard to the 40th Terrace. $,W,
portion of the petition, suggesting that the petitioner should make pro-
visions to upgrade the road, if necessary, prior to rezoning; and. further,
that the matter of bUffering certain of the properties, as mentioned by
a repre~entative of the petitioner previously, should be a stipulation
before the rezoning is accomplished. Mr. Wafaa Assaad, of Wilson, Miller,
Barton, Soll & Peek. consultants for GAC Properties, Inc., stated that
they would be glad to do the buffering; however, regarding the roads, he
again brought to the attention of the Board that 10~ acres of commercial
land is being taken from Block 30 which is presently zoned commercial,
said area having the same type roads, and possibly having more roads
than in Blocks 73 and 74. Commissioner Wimer pointed out that the burden
is on the petitioner for upgrading the roads since they are responsible
for increasing the traffic. He moved that the petition be continued for
Lwo weeks to permit the Engineering staff to review the roads in the
subject area. The motion was seconded by Commissioner Archer.
Mr. William Barton, of Wilson, Miller, Barton, Soll & Peek.
suggested that, since the total amount of commercial area will be
reduced, the traffic on the roads in GAC properties. as a whole, will
be reduced as will the burden on the County. Commissioner Wimer said
that due to the relocation of the commercial area the traffic pattern
may be spread over a wider area and reiterated that the matter should
be given further review.
Upon call for the question. the motion to continue the public
hearing until November 6, 1979 was carried unanimously.
October 23, 1979
ORDINANCE 79-79 RE PETITION CP-79-SC, MANCHESTER INVESTMENTS, REQUESTING
AMENDMENTS TO COMPREHENSIVE PLAN FOR PROPERTY LOCATED IN S17. T48S, R26E _
ADOPTED SUBJECT TO STAFF STIPULATIONS; PETITIONER"S AGREEMENT TO STIPULA-
TIONS - ACCEPTED
!.eg^l notice havir,g b"'en publiShed in the ~,aples Dafly News on
October 7 and 18. 1979 as evidenced by Affidavit of Publfcation filed
with the Clerk, public hearing was opened to consider Petftion CP-79-SC,
filed by Manchester Investments, r:questing amendments to the Comprehen-
sive Plan by amending the Land Us. Element Work Study Area Map 1 from
Agriculture to 0-2 Residential Units per gross acre on property located
in Section 17, Township 48 South, Range 26 East.
Planner Lee Layne pointed out the subject property on the map
provided. noting that it is located two miles east of Imperial Golf
Estates and one mile north of Immokalee Road. and that the property is
known as IICorkscrew Creekll. She said that the petition has been reviewed
for compliance with the Comprehensive Plan and that the staff recommends
approval of same subject to the follOWing conditions:
1. Developer shall provide an eastbound left-turn storage
lane and westbound right-turn deceleration lane at
Immokalee Road and entrance to the project and it shall
be completed before any part of the golf course is ready
for play. Design of these lanes shall be approved by the
County Engineer.
2. A minimum of 2 acres of neighborhood parkes) shall be
rpquir(ltf for the development inclusive of the golf
course and other open space.
Hs Layne reported that the Coastal Area Plannfng Commission has approved
the petition subject to the above-stated staff stipulations.
Brief discussion followed, concerning such matters as the inclusion
of the golf course as part of the neighborhood park facilties, the waiving
of the requirement for sidewalks, bike paths, and the like.
There were no persons reqistered to speak whereupon Commissioner
Wenzel moved. seconded by Commissioner Archer and carried unanimously
that the public hearing be closed.
Commissioner Wenzel moved. seconded by Commissioner Archer and
carried unanimously, that Ordinance 79-79, as entitled below, be
'e9l'lC 049, PAGElSl" ,
'. .
" 'e~~. ()491'~E~5
October 23. 1979
adopted sUbject to the staff's stipulations. and entered into Ordinance
Book No. 10. and that the Petitioner's Agreement to the stipulations
be acce~rced.
..
.
..
..
*
*
*
.
*
BOOK' U~~ 'A~~Y
~
October 23, 1979
ORDINANCE 79-80 RE PETITION R-79-29C, MANCHESTER INVESTMENTS, REQUESTING
REZONING FROM "A" TO "RS-2", "RS-2ST", "GC", AND "GC-ST" FOR PROJECT
KNOWN AS QUAIL WALK COUNTRY CLUB LOCATED IN S17, T48S, R26E - ADOPTED
SUBJECT TO STAFF STIPULATIONS; PETITIONERIS AGREEMENT TO STIPULATIONS _
ACCEPTED
Legal notice having been pUblished in the Naples Daily News on
September 21. 1979 as evidenced by Affidavit of Publication filed with
the Clerk, public hearing was opened to consider Petition R-79-29C.
filed by Manchester Investments, rpquesting rezoning from "A" Agriculture
to various zoning districts for the project known as Quail Walk Country
Club, located in Section 17, Township 48 South, Range 26 East. on property
known as Corkscrew Creek.
Planner Lee Layne explained the zoning categories being requested
for the property locating same on the colored map displayed. She said
that it is the staff recommendation, and that of the various review
agencies, that the rezoning be approved, subject to the fOllowing
stipulations:
I.
"ST" areas shall be flagged prior to the start of any
construction. (EAC)
Melaleuca and brazilian pepper be removed from the single-
family areas at the start of home construction. (EAC)
Master Plan conceptually approved subject to final outfall
to be resolved and detailed drainage plans be brought back
to the WMAB. (WMAB)
2.
3.
4.
Petitioner to provide the County with an accurate survey
of the ST areas. (Planning)
Ms. Layne also noted that the Coastal Area Planning Commission held
.0-tl
,,',1
their public hearing on September 20, 1979 at which time the petition
was recommended for approval subject to the above-referenced stipulations.
Mess~~els~ ~,~.!J~.~~~~~,t ~
respectively,\from the Board. '~-~. Lf'~1
Mr. Vines explained, in response to Commissioner Pistor, why it is
felt that sidewalks and/or bike paths will not be required in the pro-
ject, and also, that the County will not be requested to accept the
\ RECORDER" MEMO, LeJlbnlty I
01 wrltln" Typlnl or PrlatlDI
nnntlJacto..,. III tbl. dOCtUDOl\t
whn received.
October 23, 1979
roads in the development because of the fact that the project is being
planned and developed as a community-owned, property owners'
communi tv.
There being no further questions from tne Board, Commissioner
Arch~r moved, seconded by Commissioner Wenzel and carried unanimouSly,
that the public hearing be closed.
Commissioner Archer moved for adoption of Ordinance 79-80, as
entitled below, subject to the staff stipUlations, and that the
Petitioner's Agreement to said stipulations be accepted. (See Page
487 ). J-'-. ').. ,...I.,.." ,. l~""""<"~",~, J.-....~ (J~1 (~""-<~"~~-.........J
,.1'-. ^ ^ . . ~
-1....1:..._ .1.... l:.~ -" "'"' . .~_'''..... .._~.,.,., .............-"Y"> .-"f-......~
U:l..........f...f
/,- r; /
ORDINANCE 79 - ~
AN ORDINANCE AMENDING ORDINANCE 76-30,
THE COMPREHENSIVE ZONING REGULATIONS FOR
THE UNINCORPORATED AREA OF THE COASTAL
AREA PLANNING DISTRICT BY AMENDING THE
ZONn~G ATLAS MAP NUMBER 49-26 BY CHANG-
ING THE ZONING FROM "A" AGRICULTURE AND
"A-S'l'" AGRICULTURE SPECIAL TREATMENT TO
"GC" AND "GC-STlI GOLF COURSE AND SPECIAL
TREATMENT AND "RS-2" AND "RS-2-ST"
SINGLE FAMILY AND SPEICAL TREATMENT ON
THE FOLLOWING DESCRIBED PROPERTY: SECTION
17, T49S, R26E KNOWN AS CORKSCREW CREEK
AND BY PROVrDTNO AN F.FFF.CTIVE DATE.
PETITION SMP-79-6C, MANCHESTER INVESTMENTS, REQUESTING SUBDIVISION
PLAN APPROVAL FOR PROPERTY KNOWN AS QUAIL WALK COUNTRY CLUB, LOCATED
IN 517, T48S, R26E - APPROVED WITH THE EXCEPTIONS TO SUBDIVISION REGULA-
TIONS REQUESTEO BY PETITIONER
l~gal notice having been published in the Naples Daily News on
October 7, 1979 as evidenced by Affidavit of Publication filed with the
Clerk, public hearing was opened to consider Petition SMP-79-6C, as
filed by Manchester Investments, requesting Subdivision Master Plan
approval for property known as Quail Walk Country Club, located in
Section'17, TownShip 48 South, Range 26 East.
BOCK 049 PACE m
llU~^ . \1'%\1 fAGE 1.i~J.
October 23, 1979
Planner Lee Layne, noting that the property will be known as
Quail Walk Country Club instead of Corkscrew Creek, as it was formerly
known, said that the Subdivision Committee reviewed the Petition
~~d re~v~nded its approval subject to the exceptions to the Sub-
division Regulations. as requested by the petitioner. Also, said
Ms. Layne, the petition has been recommended for approval by the
Coastal Area Planning Commission, subject to the exceptions referred
to in the Agreement signed by the Petitioner.
There being no persons reqistered to speak on the matter.
Commissioner Archer moved, seconded by Commissioner Pistor and
unanimously carried, that the public he~ring be closed.
Commissioner Archer moved for approval of Petition SMP-79-6C, filed
by Manchester Investments, requesting Subdivision Master Plan approval
for property known as Quail Walk Country Club, subject to the excep-
tions to the Subdivision Regulations, as contained in the Petitioner's
Agreement, and that the subject Agreement be accepted. (See Agreement
on Page 487
unanimously.
) Commissioner Pistor seconded the motion which carried
RESOLUTION 79-162 RE PETITION PU-79-17C, MANCHESTER INVESTMENTS, REQUEST-
ING PROVISIONAL USE FOR WATER TREATMENT FACILITY ON PROPERTY KNOWN AS
QUAIL WALK COUNTRY CLUB LOCATED IN 517, T48S, R26E - ADOPTED WITH STIPU-
LATION~ PETITIONER'S AGREEMENT TO STIPULATION - ACCEPTED
Planner Lee Layne explained that the petitioner, Manchester Invest-
mP.nts, wishes to locate a water treatment faCility on property known as
Quail Walk Country Club located in Section 17, Township 48 South. Range 26
East. She said that the staff is recommending approval of the request
with the following stipulation;
1. Water treatment faCility to be screened and buffered.
Ms. Layne said that the Coastal Area Planning Commission. at their public
hearing on September 20, 1979, also voted to recommend approval of the petition
to the Board with the staff stipulation.
..J
L-J
October 23. 1979
Commissioner Wimer inquired if the facility meets with the
Utility Director's approval with Mr. Tom Peek, of Wilson, Miller,
Barton. Soll & Peek, project engineers for the development, stating
that the Utility Director, Irving Berzon, a member of the Subdivision
Committee, was present when the Committee met and reviewed the peti-
tion and that he had no objection to the water treatment plant
location.
Commissioner Archer moved, seconded by Commissioner Pistor and
carried unanimoUSly, that Resolution 79-162 with regard to Petition
PU-79-15C filed by Manche$ter Investments, requesting Provisional Use
for construction of a water treatment facility to serve Quail Walk
Country Club. be adopted subject to the stipulation by staff. and that
the Petitioner's Agreement to the stipulation, be accepted. (Agreement
on Page ~).
.. ..
*
*
*
*
*
*
.
eoclC' 049 rASE ~2 '
*
October 23, 1979
.
.
."
."
RECESS: 10:12 A.M. until 10;25 A.M. at which time Deputy Clerk
Brenneman was replaced by Deputy Clerk Swindle.
.
."
."
.
ORDINANCE 79-81 RE PETITION R-79-28-C, WYNDEMERE HOLDINGS, INC. REQUESTING
REZONING OF "PUDlO FOR PROPERTY LOCATED IN SECTION 19, T49S, R26E, FORMERLY
KNOWN AS THE KREHLING "PUD" LOCATED OFF GOLDEN GATE PARKWAY _ ADOPTED SUB-
JECT TO THE STAFF STIPULATIONS - PETITIONER'S AGREEMENT TO STIPULATIONS _
ACCEPTED
Legal notice having been published in the Naples Daily News on
September 21, 1979, as evidenced by Affidavit of Publication filed with
the Clerk. public hearing was opened to consider petition R-79-28-C filed by
Wyndemere HOldings. Inc. requesting rezoning from "PUD" Planned Unit Develop-
ment to "PUD" Planned Unit Development for property located Section 19, T49S,
R26E formerly known as the "Krehling Property".
Planner Lee Layne reviewed the petition. giving the location as
being one-half mile north of Golden Gate Parkway adjacent to and west of
1-75 ROW, and stated this was a previously approved "PUD" and "DRI" for the
former Krehling Development. She explained that the petitioner wishes to
develop a multi-family, Single-family project and golf course on the subject
property and it is for this proposed project that the rezone petition
for a new "PUD" is being presented. Ms. Layne stated that the petftion
has been reviewed and recommended for approval by all County Agencies.
inclUding the withdrawal of objections made by the School Board as stated
in their letter dated October 19. 1979, with the following stipulations:
1. Depth of the lakes shall not exceed an elevation 0.0 MSL unless
a lower depth is approved by the WMA8 (per WHA8's request)
2. Detailed water management plan and calculations shall be submitted
to the WMAB (per WMAB's request)
3. Amendment of the "PUD" Document as recommended in Paragraph V
of the Staff report with noted changes (per Planning's request)
4. Rescind Development Order 75-2. relating to the Krehl1ng "DRI"
(per Planning request)
5. Include items of Mr. Chambers' letter re: bike paths in the
"PUD" document (per Planning's request)
, 8~~' 049 PAGE~6
eoLiK 049 PACE~7
October 23, 1979
There being no persons registered to address the matter, Commis-
sioner Wenzel moved. seconded by Commissioner Archer and carl"1ed
unanitllOusly, that the pllbl~: hearing ba closed.
Commissioner Archer moved, seconded by Commissioner Wenzel and
carried unanimously, that Petition R-79-28-C be approved. that the
Ordinance as numbered and titled below be adopted and entered in
Ordinance Book No. 10 and that the Petitioner1s Agreement to the above-
referenced stipulations be accepted.
ORDINANCE 79 - 81
AN ORDINANCE AMENDING ORDINANCE 76-30,
THE COMPREHENSIVE ZONING REGULATIONS FOR
THE UNINCORPORATED AREA OF THE COASTAL
AREA PLANNING DISTRICT BY AMENDING THB
ZONING ATLAS MAP NUMBER 49..26 BY CHANGING
THE ZONING FROM "PUD" PLANNED UNIT DEVELOP-
MENT TO "PUD" ON THE FOLLOWING DESCRIBED
PROPERTY: A PORTION OF SECTION 19, TOWN-
SHIP 49 SOUTH, RANGE 26 EAST LOCATED ONE
MILE EAST OF AIRPORT ROAD, 1/2 MILE NORTH
OF GOLDEN GATE PARKWAY AND BY PROVIDING
AN EFFECTIVR DATE.
....
....
....
....
....
....
. , ~oot Q4Q! rieE.:'
.. .
October 23. 1979
RESOLUTION 79-163 RE PETITION PU-79-16-C, WYNDEMERE HOLDINGS, INC.
REQUESTING A PROVISIONAL USE FOR A WATER TREATMENT PLANT IN ACCORDANCE
WITH SECTION 8.10 OF THE ZONING ORDINANCE ON TRACT 7, UNIT 20, GOLDEN
GATE EST~TES LOCATED ON GCLDfN GATE PARKWAY JUST EAST OF FLORIDA POWER
& LIGHT EASEMENT - ADOPTED
Planner Lee Layne asked that the companion Petition PU 79-16-C
to the previous rezone "PUD" request, both having been filed by Wynde-
mere Holding, Inc., be heard at this time. She stated that the pro-
vfsional use request is for the establishment of a water treatment
faCility to serve the Wyhdemere project and is in accordance with
Section 8.10 of the Zoning Ordinance for that property located on Tract
7, Unit 29, Golden Gate Estates. The petftion has been reviewed and recom-
mended for approval by all County agencies in their areas of concern
together with the CAPC's determination that the granting of the Pro..
visional Use will not adversely effect the public interest. concluded
Ms. Layne.
Following discussion, Commissioner Archer moved, seconded by
Commissioner Wenzel and carried unanimously, that Resolution No. 79-163
re petition PU-79-16-C filed by Wyndemere HOldings, Inc. for a water
treatment plant in accordance with Section 8.10 of the zoning ordinance
on Trftct 7, Unit 29, Golden G~tc Estates which is located on Golden Gate
Parkway just east of FPL easement, be adopted.
*
*
*
tI
*
Octobp.r 23, 1979
PETITION SMP-79-4~C. THE DELTONA CORPORATION - REQUESTING SUBDIVISION
MASTER PLAN APPROVAL FOR PART OF TRACT A, UNIT 13. MARCO BEACH SUBDIVI
SION ~OCATED AT THE SO~I~Er.~ END OF SOUTH BARFIELD DRIVE _ APPROVED
Legal notice having been published in the Marco Island Eagle on
October 4, 1979. as evidenced by Affidavit of Publication filed with the
Clerk, public hearing was opened to consider petition SMP-79-4-C filed
by Deltona Corporation requesting Subdivision Master Plan approval for
part of Tract A. U 13, Marco Beach Subdivision, which is lccated at
the southern end of South Barfield Drive. Following Planner Lee Layne's
review of the petition and there being no person registered to address
the matter. Commissioner Wenzel moved, seconded by Commissioner Archer
.)rld carried unanimously, that the public hearing be closed.
Commissioner Pistor moved. seconded by Commissioner Wenzel and
carried unanimously. that Petition SMP-79-4-C filed by the Deltona
Corporation requesting Subdivision Master Plan approval for part of
Tract A. Unit 13. Marco Beach Subdivision which is located at the
southern end of South Barfield Drive. be approved.
ORDINANCE NO. 79-82 RE PETITION R-79-23-C, CONCORD DEVELOPMENT _ REQUESTING
REZONING FROM "A" AGRICULTURE TO "PUD" PLANNING UNIT DEVELOPMENT FOR THAT
PROPERTY LOCATED IN SECTION 9. T48S, R25E. LOCATED ABOUT ONE-HALF MILE
SOUTH OF THF IFF COUNTY LINE BETWEEN C901 AND US 41 - ADOPTED SUBJECT TO
STAFF STIPULATIONS - PETITIONER'S AGREEMENT TO STIPULATIONS _ ACCEPTED
Legal notice haVing been published in the Naples Daily News on
September 21, 1979. as evidenced by Affidavit of Publication filed with
the Clerk. public hearing was opened to consider petition R-79-23-C filed
by the Concord Development requesting rezoning from "A" Agriculture to
"PUO" Planned Unit Development. Planner Lee Layne reviewed the petition,
identifying the location of the subject 208 more or le'l Ie rei II being in
Section 9, T48S. R25E and situated about one-half mile south of the Lee
County line between C901 and US41. She stated the Petitioner wishes to
develop the above-described property as a planned unit development with
740 multi-family dwellings having a denSity of 3.55 dwelling units/acre
and explained that the petition has been reviewed by all County agencies
&OPK 049 PACE 502
eOQK U4ij rACE OU3
October 23, 1979
in their areas of concern with recommended approval forthcoming,
biding by the following stipulatfons;
1. Public water and pUblic sewer required (Health department)
2. Removal of melAleuca and brazilian pepper during course of
development (EAC)
3. Cypress areas are to be flagged (EAC) .
4. Berm in Drainage Area 3 shall be placed just to the west so
that flow from the area north of the road will be diverted
to the eastern side of the cypress area (WMAB)
5. Interconnect storm drainage systems between Drainage Areas
2 & 3 to permit low flow discharge to Area 3 (WMABJ
6. Relocate the outfall weir structure in the SW corner to
inside the property (WMAB)
7. The water management aspects are to be constructed totally as
one project or if it is later determined that it must be con-
structed by phases, a phase program must be submitted to the
County Engineering Department prior to commencement (WMAB)
a. Amendment of the "PUD" Document as listed in Paragraph 5 of
the staff report (Planning)
9. Grant exceptions to the Subdivision Regulations with the
stipulations as listed in Paragraph 4 of the staff report
(Subdivision Committee)
There being no persons registered to address the matter, Commissioner
Wenzel moved, seconded by Commissioner Archer and carried unanimously,
that the public hearing be closed.
Commissioner Wenzel moved, seconded by Commissioner Archer and
carried unanimously, that Petition R-79-23-C be approved; that the
Ordinance as numbered and titled below be adopted and entered in Ordinance
Book No. 10 and that the Petitioner's Agreement to the above-referenced
stipulations be accepted.
ORDINANCE 79 - ~
AN ORDINANCE AMENDING ORDINANCE 76-30,
THE COMPREHENSIVE ZONING REGULATIONS
FOR THE UNINCORPORATED AREA OF THE
COASTAL AREA PLANNING DISTRICT BY
AMENDING THE ZONING ATLAS MAP NUMBER
48-25-2 BY CHANGING TIlE ZONING FROM
"A" AGRICULTURE TO "PUD" PLANNED UNIT
DEVELOPMENT ON PROPERTY LOCATED IN SECTION
9, TOWNSHIP 48 SOUTH, RANGE 25 E^ST, WEST
OF U. S. 41, EAST OF COUNTY ROAD 901
AND BY PROVIDING AN EFFECTIVE DATE
.
69~j( 049 fACE 505
... . ..
October 23, 1979
ORDINANCE 79-83 RE PETITION R-79-25-C, BOB TAYLOR, TRUSTEE. REQUESTING
REZONING FROM "A" AND "A-STIt AGRICULTURE AND SPECIAL TREATMENT TO "CI"
COfotlERCIAl INDUSTRIAL AND "STIt SPECIAL TREATMENT FOR PROPERTY LOCATED
TN SE~TTON 11, T49S, R2bE LJCATED NORTH OF PINE RIDGE ROAD AND EAST OF
EDGEWOOD DRIVE - ADOPTED SUBJECT TO STAFF STIPULATIONS - PETITIONER'S
AGREEMENT TO STIPULATIONS - ACCEPTED
Legal notice having been pUblished in the Naples Daily News on
September 21, 1979t as evidenced by Affidavit of Publication filed with
the Clerk, public hearing was opened to consider petition R-79-25-C filed
by Bob Taylor, Trustee requesting rezoning from "A" and "A-ST" Agriculture
and Special Treatment to "CI" Commercial Industrial and "ST" Special Treat-
ment. Planner Lee Layne reviewed the petitiont identifying the ~ acres
more or less as being situated in Section 11, T495, R25E north of Pine
Ridge Road and east of Edgewood Drive and stated the Petitioner wishes
to rezone the subject property in order to use it in conjunction with the
surrounding property to the east and the south. Ms. Layne concluded
that if the petition is granted the property will be used in a manner which
is campatible with the automobile dealerShips that will be located in the
immediate area and stated that after their review of said petition. all
County agencies in their areas of concern have recommended approval with
the following stipulations:
1. Detailed site drainage plan be submitted to and approved by
the County Engineer prior to the issuancp. of a building
pennit (WMAB)
2. Review of development plans with large cypress area to be
preserved as designated by Or. Harmic and submission of a
revised "ST" legal description (EAC)
3. Submission of a traffic circulation plan in accordance with
Section 18.5 of the Zoning Ordinance (Planning)
There being no persons registered to address the issue, Commissioner
Archer moved, seconded by Commissioner Pistor and carried unanimously
that the public hearing be closed.
Commiss~oner Archer moved, seconded by Commissioner Wenzel and
carried unanimously, that Petition R-79-25-C be approved; that the
Ordinance as numbered and titled below be adopted and entered in
Ordinance Book No. 10 and that the Petitioner's Agreement to the above-
referenced stipulations be accepted.
October 23. 1979
ORDINANCE NO. 79~84 RE PETITION R-79-31-C, WILLIAM VINES REPRESENTING
BEAR'S PAW REQUESTING A CHANGE IN THE "RM-11t ZONING BOUNDARY DUE TO A
TECHNICAL ERROR - AOOPTEn
Legal notice having been published in the Naples Daily News on
September 21, 1979, as evidenced by the Affidavit of Publication filed
with the Clerk, public hearing was opened to consider petition R-79-31-C
filed by William Vines, representing Bear's Paw, requesting a correction
stating the correction in the "RM-l" boundary will make no change in the
approved development plan for Bear's Paw nor will it create any increase
in the number of dwelling units approved. The CAPe has recommended
approval of Petition R-79-31-C to the Board of County Commissioners,
There being no persons registered to address the issue, Commissioner
Wenzel moved, seconded by Commissioner Archer and carried unanimously,
that the public hearing be closed.
Commissioner Wenzel moved, seconded by Commissioner Pistor and
carried unanimously, that Petition R-79-31-C be approvedi that the
Ordinance as numbered and titled below be adopted and entered in
Ordinance Book No. 10..
ORDINANCE 79 - -DL
AN ORDINANCE AMENDING ORDINANCE 76-30,
THE COMPREHENSIVE ZONING REGULATIONS FOR
THE UNINCORPORATED AREA OF THE COASTAL
AREA PLANNING DISTRICT BY AMENDING ZO~ING
ATLAS MAP NUMBER 49-25-7 BY REZONING
THE FOLLOWING DESCRIBED PROPERTY FROM
"GC" GOLF COURSE TO "RM-l" RESIDENTIAL
MULTI-FAMILY: A PORTION OF THE
SOUTHWEST CORNER OF THE SOUTHEAST 1/4
OF SECTION 26, TOWNSHIP 49 SOUTH,
RANGE 25 EAST AND BY PROVIDING AN
EFFECTIVE DATE. .
M~" 049 fACE 508
.'
bOOK
U'*U PAGE au~
PETITION NZ-79-6-C, COUNTY PLANNING DEPARTMENT REQUESTING AN AMENDMENT TO
SECTION 22 OF ORDINANCE 76-30 BY ADDING PARAGRAPH V MULTI-FAMILY ENTRY'
LEVEL HOUSING DISTRICT - CONTINUED TO NOVEMBER 6, 1979
Ul.l.uut:r L'>, J..:JI':J
Legal notice having been published in the Naples Daily New on
September 5, 1979, as eviderced by Affidavit of Publication preViously
filed with the Clerk, public hearing was continued from September 25, 1979
to consider Petition NZ-79-6-C filed by the County Planning Department
requesting ,In amendment to Section 22 of Ordinance 76-30 by adding Para-
graph V Multi-Family Entry Level Housing District.
Following Planner Lee Layne's st~tment that Staff had no additional
comments from those made at the previous hearing of September 25, 1979
Mr, John Steinwand of 2559 13th Street, North, Naples, Florida, Chairman
of the Naples Board of Realtors Low Cost Housing Committee and a member
of the CAPC's Ad Hoc Committee for Low to Moderate Housing, spoke in
favor of the proposed amendment to Section 22 of Ordinance 76-30 and
gave his reasons as being: (a) The great need for low to moderate housing
for the young, the sej'vice personnel, the elderly, (b) The adoption by the
Board of the Comprehensive Plan on May 9, 1979 which assures the popula-
tion of safe and decent housing; (c) The survey made by the City of Naples
in 1973 for their Master Plan which indicated there was, at that time. a
need for 300 to 400 units of low-cost hOUSing, stating that to date none
have been constructed; (d) A review of the proposed amendment to the
ordinanc@, stating care had bern taken to limit the pOSSibility of
speculation as it relates to the land purchase and apartment construction;
and among other points - (e) The continuing monitoring the Board would
have through the ado~tion of the proposed amendment as it relates to the
parent Ordinance 76-30. Commissioner Wimer expressed his disagreement
with Mr. Steinwand's acceptance of the proposed amendment, stating that
the Board's attempt to improve upon the ordinance is simply a step toward
finalizing the document. Discussion followed which touched upon rent
control; income evaluation; resident and maintenance managers for such
projects; speculative actions and property owners; lending institutions
and their reluctance to back low-cost housing if too many restrictions
and controls are placed; the anticipated projects; the requirement that
each ne~ition have a prepared "PUDlO-like document; and the fact that each
proposed project must come before the Board before any permits in any
October 23, 1979
area are released. In addition, the following persons spoke in favor
of the propo~ed amendment:
.
Mr. Arthur Davis - 227-1 Palm Drive. Naples. Fla. (Builder of Low-
cost housing in New Hampshire of the same calibre
desired in Collier County)
Mr. Mike Zewalk - 48040 West Blvd.. Naplest Fla (Representing North
Naples Civic Association)
Mr. H.F. Yegge - 666 Binnacle Dr.. Naples, Fla. (Real Estate
ApPTa iser)
Mr. Bill Barton -
605 Palm Circle E. Naples, Fla. (Engineer)
1700 N. Tamiami Trail. Naples. Fla. (President
Naples Area Chamber of Commerce)
There being no more persons registered to address. the item, Commis-
Mr. Jack Conroy -
sioner Pistor moved. seconded by Commissioner Wenzel and carried 4-1, with
Chainnan Bro\'ffl dissenting. that the words "through the optional utilization
of the transfer of development rights as provided in Section of this Ordi-
nance" be stricken from Section 22.V; Item 1. Paragraph 2.
Commissioner Pistor moved. seconded by Commissioner Wenzel and carried
unanimously, that Item 11 under C. Provisional Uses and Structures _
"Multi-famfly dwellings of 4,5, or 6 living floors in height." be deleted
and the limit be shown as a maximum of 3 stories.
Commissioner Pistol" moved, seconded by Commissioner Archer and carried
unanimously, that Item 15 under C. - Provisional Uses and Structures _
"Rest homes, homes for the aged. adult foster homes, children's homes.
rehabilitation centers." be deleted.
Commissioner Archer moved. seconded by Commissioner Wenzel and carried
unanimously, that Item 13 - Maximum Density - "16 residential units per
gross acre" with the deletion of the remainder of the sentence.
Commissioner Pistor moved. seconded by Commissioner Wenzel and
carried 3-2 with Commissioner Wimer and Chainnan Brown dissenting. that
Item 18 - (B) One Bedroom Apartment - the minimum floor area be changed
to 450 square feet and the maximum floor area to remain at the stated
650 square feet.
MOl( 049 PAtE510
eqOK 049 mE 51I
," '
October 23, 1979
Commissioner Pistor then suggested that the Staff be instructed to
prepare an amendment to the Ordinance which will include the requirement
tho) t a "s ite-pl an" or "P.UD-lf ke" document be produced for each petition
hearing but asked that the present Ordinance, with the above-referenced
changes, be passed.
Discussion followed which covered the pros and cons of continuing the
hearing for two weeks so that the Changes and suggested requirements could
be incorporated into the Ordinance or if the adoption of said Ordinance as
it stands would be more feasible. Commissioner Wimer moved, seconded by
Commissioner Wenzel which was denied with a 2/3 vote (Chairman Brown,
Commissioner Archer and Commissioner Pistol" dissenting) that the public
hearing be continued for two weeks'
Commissioner Archer moved, seconded by Commissioner Pistol" and
carried 3-2, with Commissioners Wenzel and Wimer dissenting, that the
public hearing be closed.
Following Chairman Brown's call for the disposition of the item,
Commissioner Archer moved, ser.onded by Commissioner Pistor and carried
unanimously, that the public hearing be reopened.
County Attorney Pickworth stated that the type of stipulations the
BOftrd was request1n~ to be included in the propo~cd Ordinance _ f.e.
annual leases, "PUO", etc. would have to be researChed and discussed with
each Commissioner.
Commissioner Wimer moved, seconded by Commissioner Wenzel and
carried 3-2, with Chairman Brown and Commissioner Archer dissenting.
that the public hearing be continued for two weeks until November 6, 1979.
October 23. 1979
PETITION NZ-79-8-C, COUNTY PLANNING DEPARTMENT: REQUESTING AN AMEND-
MENT TO SECTION 29 OF ORDtNANCE 76-30 BY ADDING SECTION 29.1 MOBILE
HOME RURAL ESTATES DISTRICT - CONTINUED TO OCTOBER 30. 1979
Legal notice haVing been published in the Naples Daily New on
September 6, 1979, as evidenced by Affidavit of Publication preViously
filed with the Clerk. public hearing was continued from September 25,
1979 to consider Petition NZ-79-8-C filed by the Planning Department
requesting an amendment to Section 29 of Ordinance 76-30 by adding
Section 29.1 Mobile Home Rural Estate District.
Following Planner Lee Layne's statement that Staff had no further
recommendations than previously stated in the hearing September 25, 1979
and Mr. James Code together with Mr. George Keller, being the registered
persons to address the issue, haVing nothing more to say, Commissioner
Archer moved, seconded by Commissioner Wimer and carried unanimously,
that the public hearing be closed.
Commissioner Archer moved, seconded by Commissioner Wimer and carried
a 4-1 vote, Commissioner Pistor dissenting, that Petition NZ-79-8-C be
approved and that the Ordinance a be adopted.
*
*
*
RECESS: 12:20 P.M. UNTIL 2:00 P.M.
*
*
*
Commissioner Pistol" asked that the prior action taken earlier in
the morning session of the meeting re Petition NZ-79-8-C. be brought
back up to be discussed further. He said the action the Board took would
cause too many prOblems within the County. He recommended that the Board
rescind the action taken earlier, and consider the need for such an
Ordinance within the County more thoroughly.
There was a considerable amount of discussion on the matter by the
members of the Board and Commissioner Pistor stated that he feels that
the problems of Mr. Code and his family would not be solved by the adoption
of the Ordinance aforementioned. He said that he favors the procedure
BOOK 049 PACE 512.
800~ 049 PACE 513
October 23. 1979
of granting individuals a variance to the existing Zoning regulations,
case by case. rather than implementing a blanket Ordinance which would
allow the inter-mixing of single-family homes and mobile homes throughout
the County. Commissioner Archer said that the Board does not have the
authority to grant these exceptions to individuals. under the present
Zoning regulations.
Commissioner Wenzel asked County Attorney Pickworth if the Board
could grant an exception to the Code's on the ground of a hardship as
defined within the present Zoning Ordinance? Mr. Pickworth said that he
suggests one of two things: 1) Leave the action taken this morning stand,
thus adopting the Ordinance; or 2) Rescind the action taken this morning
and continue the public hearing on Petition NZ-79-8-C until next week. for
further consideration as to whether or not the County needs to adopt an
Ordinance to solve the problem of the Code's. He added that he does not
believe that in order to solve Mr. Code's problem. the County needs to add
a new section to the Zoning Ordinance. Commissioner Pistor questioned
the pOSSibility of amending the Provisional Use reqUirements. and Mr.
Pickworth said that there are several options to be explored and if the
Boa~d chooses to rescind their.~doption of the aforementioned Ordinance
he would study the matter and have an alternative avenue for Board action
prepared for next week.
After a lengthly discussion. Commissioner Wenzel moved, seconded by
Commissioner Pistor and carried unanimoUSly. to rescind the vote on the
adoption of the Ordinance taken this morning and to re-open the public
hearing re Petition NZ-79-8-C for October 30. 1979.
PETITION NZ-79-10-C. COUNTY PLANNING DEPARTMENT & MODERATE INCOME
HOUSING COMMITTEE. REQUESTING AN AMENDMENT TO SECTION 9 OF ORDINANCE
76-30 TO ALLOW FOR TRANSFER OF DEVELOPMENT RIGHTS FOR THE NEW MULTI-FAMILY
ENTRY LEVEL HOUSING DISTRICT (CONTINUEO FROM 9/25/79) _ DENIEO
Legal notice having been published in the Naples Daily News on
September 6, 1979 as evidenced by Affidavit of Publication preViOUSly
filed with the Clerk. pUblic hearing was continued from September 25. 1979
regarding Petition NZ-79-10-C. County Planning Department & Moderate Income
po.
October 23. 1979
Housing Committee, reque~ting an amendment to Section 9 of Ordfnance
76-30 to allow for the ~ra~~fer of developmont rights for the new
Multi-Family Entry Level Housing District.
Planner Lee Layne explained that this is a request to amend
Section 9. the "ST" section. of the Zoning Ordinance by granting "TDR's"
in relatfon to the "RM-1-CII. She said that staff would go along with
the recommendation for denf~l, based on the action of the Board earlier
this morning, namely the deletion of that portion of Section 22.V, second
paragraph. which provided for the transfer of IITDR'sll. She said that
the staff recommendation was for approval, prior to the Board's deleting
of said section from the District.
Hearing that there was no one registered to speak re Petition NZ-79-10-C
Chainman Brown called for a motion to close the public hearing. Commissioner
Wenzel so moved. seconded by Commissioner Pistol" and carried unanimously
5/0.
Commissioner Pistor moved, seconded by Commissioner Wenzel and carried
unanimously 5/0. that Petition NZ-79-10-C, requesting an amendment to
Section 9 of Ordinance 76-30 to allow the transfer of IITDR's" for the
new Multi-Family Entry Level Housing District, be denied.
ORDINANCE 79-86 AMENDING ORDINANCE 78-15. THE COLLIER COUNTY UNIFORM
PISTOL LICENSING ORDINANCE-ADOPTED
Legal notice having been pUbliShed in the Naples Daily News on
October 4, 1979, as evidenced by Affidavit of Publication previously
filed with the Clerk, public hearing was opened to consider amending
Ordlndnce 78-15, by providing that a pistol license is not valid in
bars and that tho application fees for a pistol license be $75 for both
new and renewal applications. and providing an effective dated for same.
County Manager Norman explained that the proposed Ordinance is a
result of Board direction at the BCC meeting of July 5, 1979 at which
time he was directed to amend Ordinance 78-15 by raising the fee for
both first and subsequent renewals of applications for a concealed
weapon permit; also, to bring back for consideration by the Board an
&O~ 049 tA&r511
eo OK D49 PACE 515
October 23, 1979
additional amendment to render a permit invalid while the permitee is
patronizing a bar or saloon. He told the Board that the proposed Ordinance
before ti,em incorporlStes these two requests, and clarified the latter
amendment by pointing out the fOllowing:
A. The Board will have the authority to rescind the license if
permitee has brought a firearm into a bar or saloon.
B. The procedure for rescinding permits because of an infraction
such as this will be the same as that which is used to rescind
a license of anyone possessing same that has been found to have
misrepresented himself on his application and/or concealed any
pertinent facts on same.
Deputy Chief Raymond Barnett concurred with the need for such an
amendment. He stated that he felt the fee was reasonable; the Sheriff's
Department would be able to use this Ordinance to control problems ariSing
in local bars from the abuse of concealed weapons. He questioned the
County Attorney on the legality of an arrest made of a person who has a
valid permit and carries his pistol into a bar, and Mr. Pickworth answered
that the permit would not be valid while penmitee was in a bar, thus,
the person would be carrying a non-permitted concealed weapon.
Commissioner Wimer st~ted that it was his understanding that the Board
wanted to see an Ordinance that would provide for the automatic revocation
of a permit for a concealed weapon; not one that provided for the permit
becoming invalid while the permitee is in a bar.
After a brief discussion, it was determined that a legal opinion was
needed from the County Attorney re legal ramifications of enacting an Ordinance
that would proVide for an automatic revocation of a concealed weapon permit
in the event that the permitee carries hiS/hers concealed weapon into a bar.
Mr. Pickworth confirmed the possibility that there may be undue prob-
lems implementing the Ordinance with an automatic revocation clause provided;
however, he saw no problems with implementing the Ordinance if an automatic
invalidation of a concealed weapon permit while in a bar was provided.
Chairman Brown asked if anyone was registered to speak. Hearing that
there was no one registered, Commissioner Wenzel moved, seconded by Com-
missioner Pistor and carried unanimously 5/0 to close the public hearing.
October 23, 1979
Commissioner Archer moved, seconded by Commissioner Pistor and
carried unanimously 5/0, that the Ordinance, as numbered and entitled
below, be adopted and entered into Ordinance Book No. 10.
ORDINANCE NO.7~
AN ORUINANCE AMENDING ORDINANCE
7B-15 BY PROVIDING THAT A PISTOL
LICENSE IS NOT VALID IN BARS AND
THAT THE APPLICATION FEES FOR A
PISTOL LICENSE BE $75.00 FOR BOTH NEW
AND RENEWAL APPLICATIONS; AND PRO-
VIDING AN EFFECTIVE DATE.
ORDINANCE 79-85 AMENDING ORDINANCE 77-54, COLLIER COUNTY ELECTRICAL CODE,
BY CLARIFYING LANGUAGE USED RE DEFINING GROUNDING RODS-ADOPTED
Legal notice having been published in the Naples Daily News on
September 21 and 28, and also on October 5 and 19, 1979 as evidenced by
Affidavit of Publication filed with the Clerk, pUblic hearing was opened to
consider the adoption of an Ordinance amending Ordinance 77-54 by Clarifying
the language used re defining grounding rods.
Mr. Ray Dulaney, Building Director, told the Board that the proposed
Ordinance presented today is the result of the following:
1. On February 13, 1979, the use of a 5/8" rebar for a grounding
rod for a temporary power pole was rejected by the Building
Department.
2. On February 23, 1979 the owner of the property affected by
the aforementioned rejection requested a Board of Adjustments
and Appeals hearing which subsequently was held and resulted in
the denial by the Board of Adjustments and Appeals of the use
of 5/8" rebar for grounding rod purposes.
3. Subsequent to the above-mentioned denial, the owner requested a
hearing re same rebar use, before the Boar~ of County Commis-
sioners. On April 3, 1979, the BCC granted the temporary use
of a temporary power pole (using 5/8" rebar as a grounding rod)
to this individual only.
4. The BCC directed that Ordinance No. 77-54 be amended to clarify
the definition of grounding rods as set out within same
Ordinance.
5. On July 20, 1979 Mr. Dulaney sent out 140 letters re Proposed
Ordinance that was to amend the Collier County Electrical
Code as set forth in same, and staff subsequently received no
replies. The letters sent contained a request for input as
to the pros and cons of the proposed Ordinance.
~lr.Dulaney said that he recommended the adoption of the proposed Ordinance
&OOK 049,ACE' 516
eOQK 049 fACE 517
October 23, 1979
as it is presented today, also, he assumes that the parties contacted
for input on the development of the Ordinance are comfortable with it,
since tlley did not object to ..8me through 1 etters of reply as he had
requested they do.
Mr. Joseph L. Grimm of J. Grimm-Architect Inc., Naples, spoke in
opposition to the adoption of proposed Ordinance. He based his objections
on the premise that there is a lack of continuity regarding the need of
of "galvanized" metals. He also felt that the proposed Or:1inance was
not valid in respect to being based on a "real, scientific basis". He
referred to the proposed Ordinance as inadequate in that it only deals
with steel or iron rods used for grounding rods; the National Electrical
Code provides that the use of steel plates. at least 1 sq. ft. in area and
1/4 inch thick, without galvanizing, may be used for a grounding electrode.
Collier County has adopted the National Electrical Code, he said, and that
Code also accepts the use of 16 gauge copper electrode that is 1 sq. ft. in
area, as a grounding electrode. He said that neither of the acceptable
plates mentioned are required to be galvanized, he is concerned about the
stipulation of encasing non-galvanized rebar in concrete before using it
as a grounding rod; and he feels this procedure is unnecessary, as the
chPmic~l rP~ct1on cau~ing rust is not halted by the encasement of concrete.
as evidenced by the concrete encased rebar that is part of the bridge
system leading to Key West. He said that these concrete structures are
rusted through and, consequently the concrete has broken through. and is
crumbling.
After a lengthly discussion, Commissioner Wenzel suggested that the
County simply fall back on the National Code that was adopted previously
and not adopt the proposed Ordinance. County Manager Norman explained that
the Board has requested a Clarifying Ordinance be drafted and the proposed
Ordinance is just that. County Attorney Pickworth concurred as did
Mr. Dulaney. who pointed out that he has contacted Mr. Bill LongShore of
F.P.L. regarding the proposed Ordinance and he said that he felt it was
a good Ordinance. and that it was his opinion that the use of rebar as a
October 23. 1979
grounding rod was clearly defined within it. Mr. Longshore told Mr.
Dulaney that rebar use as a grounding rod. without encasement in concrete
should be ~limlnated in Collier County and this proposed Ordinance clearly
defined that. Commissioner Wimer said that perhaps the use of rebar for
a grounding rod should be eliminated altogether in the Ordinance and Mr.
Norman said that as he recalls the staff has found that encasement in con-
crete is sufficient. as stipulated within the National Electrical Code.
and recommended to the Board by staff and several electrical contractors
at prior meetings.
County Attorney Pickworth reaffirmed his feeling that the proposed
Ordinance is simply a tool to more clearly define certain sections of the
Electrical Code that has created problems for the County in the past. and
he said that he felt adoption of said Ordinance would better serve the
County in regards to interpretation of the Electrical Code of the County
in the future. Commissioner Archer stated that the Ordinance should in-
corporate the prohibition of rebar as a grounding rod completely. He said
that he did not like the use of rebar in the ground at all, within Collier
County.
In light of the fact that apparently the only problem the County has
incurred with regards to the use of rebar as a grounding rod, has been
with Mr. Grimm, it was the consensus of the Board that the general welfare
of the County's citizens would be best served by accepting the staff recom-
mendation to adopt the proposed Ordinance.
Chairman Brown called for a motion, and Commissioner Archer moved.
seconded by Commissioner, and carried 5/0. to close the public hearing.
Commissioner Archer moved. seconded by Commissioner Pistor and
carried unanimously 5/0, that the Ordinance as numbered and entitled
below, be adopted and entered into Ordinance Book No. 10.
ORDINANCE NO. 79-~
AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE
NO. 77-54, THE COLLIER COUNTY ELECTRICAL CODE
WITH ~GARD TO THE USE OF A REINFORCING BAR AS
A GROUNDING ROD; PROVIDING FOR CONFLICT. PENAL'IY,
LIBERAL CONSTRUCTION; PROVIDING AN EFFECTIVE DATE.
&DOK D49 PACf 518
MOK 049 PACE 519
October 23, 1979
~
RESOLUTION 79-164 RE PETITION BY COLIN H. & BARBARA ANN CAMPOS & THE
FIRST NATIONAL BANK & TRUST COMPANY OF NAPLES, TO VACATE A PORTION OF
A 15 FT. DRAINAGE CANAL EASEMENT AND THE 10 FT. UTILITY EASEMENT ALONG
THE SOUTHERLY BOUNDARY OF LOT I, BLOCK 9, NAPLES MANOR LAKES-ADOPTED-
Al TER;.ATE 20 FT. DRAINAbE C.'SEMENT AND ALTERNATE 15 FT. DRAINAGE EASE-
MENT-ACCEPTED
Legal notice having been published in the Naples Daily News On
October 7 and 14, 1979 as evidenced by Affidavit of Publication filed
with the Clerk. public hearing was opened to consider the Petition to
vacate a portion of a 15 foot drainage canal easement, and a 10 foot
utility easement. along the southerly boundary of lot 1, Block 9, Naples
Manor Lakes Estates by Colin H. & Barbara Ann Campos, and the First
National Bank & Trust Co. of Naples, as Trustees for the Trust of
Richard L. Fleming, who is the mortgage holder of the property, and the
request by same parties for the Board to accept an alternate 20 foot
drainage easement and a 15 foot drainage easement.
County Engineer Cliff Barksdale said that a map depicting the above-
mentioned easements was included within the Executive Summary. He said
that the staff has received letters of "No objection" from the utilities
companies and the Chairman of the Water Management Board has reviewed
the petition with staff and has no Objections to the vacations. He added
that he recommends the approval of the vacations and the acceptance of
Lhe a 1 terna te drai nage ellsements.
Commissioner Wanzel moved, seconded by Commissioner Pistol" and carried
unanimouSly, 5/0, to close the pUblic hearing.
Commissioner Wenzel moved, seconded by Commissioner Archer and carried
unanimously, 5/0, that Resolution 79-164 approving the vacation of a portion
of a 15 foot drainage canal easement and the 10 foot utility easement along
the southerly boundary of Lot 1, Block 9, Naples Manor Lakes be adopted;
also, that the alternate 20 foot drainage easement and the alternate
15 foot drainage easement be accepted.
October 23, 1979
ANNUAL REPORT OF FLORIDA DIVISION OF FORESTRY ACTIVITIES IN COLLIER
COUNTY fOR 1978-79 BY ERIC H. HOYER OF FLA. DIVISIO~ OF FORESTRY AND
CHRIS ANDERSON, COLlIER COUNTY FORESTER-ACCEPTED
Mr. Eric Hoyer, District Forester, Florida Division of Forestry,
said he had mailed an annual report to the Commissioners covering
fire control activities and a similar report has beon mailed by Chris
Anderson, Collier County Forester, covering forestry activities. He
said that these reports covered all such activities for the period
from July 1, 1978 through June 30, 1979, and he offered to answer any
questions the Conmissioners may have relating to these activities.
Commissioner Wenzel asked if the County was involved in any seedlinl
planting? Mr. Hoyer replied that the Coun~ was not, at this time.
involved to any great degree in activities such as that involving wood
pulp plantings; however, it is his hope that in the future that type of
planting may result. He said that he is involved in research at this tin
regarding paper/pulp/trees, and perhaps the need for using wood for
energy may inspire this type of planting in the County. He said that
he is working on a definite planting program with Euclayptus trees and
concluded by reporting that the Florida Division of Forestry is trying tc
promote this type of planting.
Cha lrman Brown thanked the gentlemen for their presentation and
called for a motion from the Board. Commissioner Wenzel moved. seconded
by Commissioner Pistor and carried unanimously 5/0, to accept th annual
reports written by Mr. Hoyer and Mr. Anderson, re Florida Division of
Forestry Activities in Collier County for 1978-79.
PETITION TO VACATE A PART OF A PLAT OF GOLDEN GATE, UNIT 8, PART 2, GAC
PROPERTIES, INC. AND CITY NATIONAL BANK OF MIAMI-ADVERTISING AUTHOR-
IZED FOR PUBLIC HEARING 11/13/79
Commissioner Archer moved. seconded by Commissioner Wenzel and
carried unanimously 5/0, that the Petition to vacate a part of a plat
of Golden Gate. Unit 8, Part 2. by G.A.C. Properties and City National
Bank of Miami, be authorized for advertiSing for public hearing on Nov-
ember 13. 1979.
&OaK 049 PA'f 521
~~ 049 PACE 525
October 23, 1979
PETITION R-79-32C, BCC, REQUESTING A REZONING FROM "CI" TO "RS-3" ON
PROPERTY KNOWN AS IDEAL FISH CAMP.-ADVERTISING AUTHORIZEO FOR PUBLIC
~~ING 1214179
Commissioner Archer moved. seconded by Commissioner Wenzel and
carried unanimously 5/0. that Petition R-79-32C, Board of County
Commissioners. requesting a rezoning from "CI" Commercial Industrial,
to "RS-3" Residential Single Family. on property known as Ideal Fish
Camp. be authorized for advertising for public hearing on Oecember 4, 1979.
PETITION CP-79-6C. BCC. REQUESTING A COMPREHENSIVE LAND USE AMENDMENT
FROM COMMERCIAL TO RESIDENTIAL, 0-4 UNITS PER GROSS ACRE, ON PROPERTY
KNOWN AS IDEAL FISH CAMP.-ADVERTISING AUTHORIZED FOR PUBLIC HEARING
12/4179.
Commissioner Archer moved. seconded by Commissioner Wenzel and
carried unanimously 5/0. that Petition CP-79-6C. Board of County Com-
missioners, requesting a Comprehensive Land Use Amendment from Commercial
to Residential, 0-4 units per gross acre. on property known as Ideal Fish
Camp, be authorized for advertising for public hearing on December 4. 1979.
BOARD CONFIRMS PROMOTION OF DR. DANNY CREW TO POSITION OF PLANNING
DIRECTOR
County Manager Norman said that in conjunction with the reorganiza-
tion of staff. and the adoption of the current years' budget in the
County's Planning Department, the position of Principal Planner has
been eliminated and replaced by a Planning Director position. The
Planning Director along with the Zoning Director, will be responding to
the Community Development Administrator, he said. Also, within the
next two weeks he would be coming back to the Board with a Promotional
Policy which will include recommendations for an increase in salary for
Dr. Crew for the additional responsibilities involved.
Commissioner Archer moved, seconded by Commissioner Wimer and
carried unanimously 5/0, to confirm the promotion of Dr. Danny Crew to
the position of Planning Director.
COUNTY MANAGER NORMAN PRESENTS A PROGRESS REPORT ON REVIEW OF APPLICA-
TIONS RE COMMUNITY DEVELOPMENT ADMINISTRATOR FOR COLLIER COUNTY
Mr. Norman reported that to date some 110 applications have been
reviewed re position of Community Development Administrator for the
October 23, 1979
County and the field has been narrowed down to 15 through careful analy-
zation of same. He said that all of the applicants are very well quali-
fied, ~.nd he is in the PIOCP"S of following through with references. etc.
for those 15. He added that by the end of November he hopes to schedule
interviews for the top four or five of the applicants.
BOARD AUTHORIZES USE OF COUNTY HELICOPTER BY STATE BUREAU OF LAND AND
WATER MANAGEMENT fOR WEDNESDAY, OCTOBER 24. 1979
Commissioner Archer moved. seconded by Commissioner Pistor and
carried with a 4/1 vote. Commissioner Wenzel dissenting that the Board
authorize the use of the County Helicopter by State Bureau of land and
Water Management for Wednesday. October 24. 1979. as recommended by
Or. Crew for aiding in the monitering of the Big Cypress Area of Critical
State Concern Buffer Zone.
BOARD ACCEPTS THE DEDICATION OF RIGHT-Of-WAY Of PRICE AVENUE, IMMOKALEE
County Engineer Barksdale presented the proposed dedication of the
right-of-way of Price Avenue in Immokalee. located as follows;
The South 60 fp,et of the North 249.16' of Block A, Mainline
Subdivision, as recorded in Plat Book 1, Page 98 of the
Public Records of Collier County. Florida.
He further stated that this dedication concerned that part of the
Community Block Grant Program that includes the construction of Price
Avenue and recommended the acceptance of the dedication document from
Vernon Roberts.
Commissioner Wenzel asked if this dedication has a clause within
it that stipulates that the County is under no Obligation to improve
the property, once it is accepted? 11r. Barksdale answered affirmatively.
Hearing no further discussion, Chairman Brown called for a motion. Com-
missioner Archer moverl. seconded by Commissioner Wenzel and carried
unanimously 5/0, that the Board accept the dedication document re rfght-
of-way for Price Avenue in Immokalee from Mr. Vernon Roberts.
*
*
*
*
BOOK 048 PACE 526
, ...
October 23, 1979
BOARD APPROVES PRELIMINARY ACCEPTANCE OF PART OF LAKEWOOO BLVD. WITHIN
LAKEWOOD SUBDIVISION; RESPECTIVE SUBDIVISION BOND MGIC IUS 00124 AND
,MAINTE;~NCE BOND MGIC 'US OC125-ACCEPTED-
County Engineer Barksdale requested that the Board approve pre-
liminary acceptance of Lakewood Blvd. between Station 67+13.45 and Davis
Blvd., along with the respective Subdivision Bond MG IUS 00124 and Main-
tenance Bond HGIC 'US 00125. He said that Lakewood Blvd., between
67+13.45 and Davis Blvd., was constructed in accordance with Collier
County Subdivision Regulations and has been inspected and found to be
in satiSfactory condition by the County Engineering Department. He referred
to a sketch of this section of Lakewood Blvd. that was. a part of the
Executive Summary, and said that he recommends the Board's approval.
Commissioner Pistol" moved, seconded by Commissioner Wenzel and
carried unanimously 5/0, that the Board of County Commissioners accept a
part of Lakewood Blvd. between Station 67+13.45 and Davis Blvd., along
with the respective Subdivision Bond MG IUS 00124 and the Maintenance
Bond MGIC IUS 00125.
..
*
*
*
*
*
&001( 049. 'ACE 528
October 23, 1979
WORKSHOP SCHEDULED 10/30/79 TO DISCUSS FLORIDA DEPARTMENT OF TRANSPORTA
TION EVALUATION STUDY OF PETITION FOR SEABOARD COAST LINE RAILROAD
ABANDONMENT
County Engineer Barksdale explained that the request for sCheduling
a workshop on a specific date and time. to discuss the Florida Department
of Transportation Evaluation Study of the petition for the abandonment
of Seaboard Coast Line Railroad, is to allow the D.O.T. railroad relocation
representatives and the study consultant to attend and make a presentation.
He said that the negotiation committee. appointed by the BCC, has some
recommendations to make at the meeting also.
Commissioner Archer moved. seconded by Commissioner Wenzel and carried
unanimously 5/0, that the Workshop to discuss Florida Department of Trans-
portation Evaluation Study of petition for Seaboard Coast Line Railroad
abandonment be scheduled for October 30, 1979 at 1:30 P.M.
BOARD AUTHORIZES PURCHASE OF REPLACEMENTS FOR 2-METER RADIO EQUIPMENT FOR
CIVIL DEFENSE IN THE AMOUNT OF $809.85
Mr. William Walker, Civil Defense Director, requested authorization
to purchase new radio equipment for the County Civil Defense. Emergency
Operations Center. He said that he would be replaCing 2-meter amateur
radio equipment that is presently being used to communicate with the
v~rious shelters, at a cost or $809.85.
County Manager Norman said that the staff recommendations should
include a request to the Fiscal Officer to prepare a budget amendment
r~flecting the transfer of monies to cover the purchase. from contingencies
to Civil Defense.
Commissioner Wenzel asked about the range SUffiCiency of the radios
that have been requested. and Mr. Walker assured the Board that they were
sufficient. He said that they presently have a range of apprOXimately
15 miles. and in the near future this will be extended through the use of
the new repp~~er station.
Hearing no further comments. Chairman Brown asked for the wishes of
the Board, and Commissioner Wimer moved, seconded by Commissioner Wenzel
and c~rried unanimously 5/0. that the BOArd authorize the purchase of
three (3) 2-meter transceivers. at a total cost of $809.85. as recommended
by staff. The Board further directed Fiscal Officer Hall to bring back a bud-
get amendment reflecting the transfer of funds from contingencies to Civil Defense,
BOOK 04~ PAGE ba~
October 23, 1979
ROUTINE BILLS-AUTHORIZED FOR PAYMENT
Commissioner Archer moved, seconded by Commissioner Wenzel and
carried unanimously 5/0, that the bills be approved for payment as
witnessed by the following warrants issued from October 17. 1979 through
October 23, 1979. same having been processed following established pro-
cedures, with funds available:
FUND
BCC Payroll - CETA
County Warrants
Road & Sri dge
Grants & Gifts
Capital Improvements
Intragovernmental Services
WARRANT NOS.
1 - 128
521 - 836
2
3
1
2
Fiscal Officer Hall said that these bills represent the nearly
completed list of bills for the Fiscal Year 1978-79. He further stated
that there are no problems with any of the Coun~'s funds. He said
that the County has maintained the general Budget plans that the
Board has established for FY 1978-79.
BOARD AUTHORIZES PAYMENT OF $5,592.00 FOR MEMBERSHIP IN THE SOUTHWEST
FLORIDA REGIONAL PLANNING COUNCIL
Fiscal Officer Hall reported that the "Special Bill" for member-
ship in the Southwest Florida Regional Council is presented to the Board
today for the first time. The figllre $5,592.00 represents a quarterly
payment of Collier County's membershfp assessment to the Council, based
on the population figure 74.572 for the year 1978 in Collier County. he
said. and it is based on the rate of $.30 per capita. thus. Collier
County's yearly membership assessment is $22.368.00.
Commissioner Archer moved. seconded by Commissioner Pistor and
carried unanimoUSly 5/0, that the Board authorize the quarterly payment
of $5,592.00 (October 1, 1979-December 31, 1979) for the membership assess-
ment to the Southwest Florida Regional Planning Council.
BUDGET AMENDMENT 80-4 PROVIDING FUNDS FOR AUTOMOBILE LEASE IN LIEU OF
SALARY INCREASE RE COUNTY ATTORNEY-ADOPTED IN THE AMOUNT OF $2,2820
Fiscal Officer Hall explained that Budget Amendment 80-4 provides
October 23, 1979
for the transfer of funds from the salary area to the equipment rental
area, within the County Attorney.s budget, in the amount of $2,820.
~issioner Wenzel movAd, seconded by Commissioner Archer and
carried, unanimously 5/0, that the Board adopt Budget Amendment 80-4,
providing the funds for an automobile lease in lieu of a salary increase
for the County AttornAY.
.
.
.
.
.
.
.
.
.
BOOK 049 rACE 536
.
.
I
October 23, 1979
BUDGET AMENDMENT 80-5 PROVIDING GROUP INSURANCE FOR ALL APPROVED POSI-
TIONS IN PARKS & RECREATION DEPART. -ADOPTED IN THE AMOUNT OF $1.032
Fi~~al Officer Hall explained that Budget Amendment 80-5 involves
the transfer of funds from one sub-section to another, within the
Parks & Recreation Department's budget. He said that this would provide
sufficient funds in the Maintenance section of said department for life
and health group insurance.
Commissioner Wenzel moved. seconded by Commissioner Archer and
carried unanimously 5/0. that the Board adopt Budget Amendment 80-5,
providing the funds for Group Insurance for all approved positions in
Parks & Recreation Department.
*
*
.
*
.
*
.
.
.
~O~~~
October 23, 1979
BUDGET AMENDMENT 80-6 PROVIDING FUNDS FOR TRANSPORTATION OF PATIENTS
OF THE MENTAL HEALTH CLINIC-ADOPTED IN THE AMOUNT OF $850
FiJcal Officer Hall uxp'~ined that Budget Amendment 80-6 involves
a transfer of funds from the Contingencies to increase remittances to'
the Mental Health Unit. He said that during the preparat'on of the
Mental Health's budget, a transportation item was included in the
remittances within the budget, and this is not ordinarily done. He
recommended that the Board approve the transfer from Contingencies in
the amount of $850, which was the "intent" of the Board, to correct a
needed bookkeeping adjustment.
Commissioner Archer moved, seconded by Commissioner Pistor and
carried unanimously 5/0. that the Board adopt Budget Amendment 80-6
that provides for the transfer of $850 from Contingencies to the Remit-
tances to Mental Health Unit, within the Mental Healthls Budget.
*
*
\
*
;.,
*
*
800K 049 PACE540
October 23, 1979
HELICOPTER USE FOR PLANNING DEPARTMENT RE INSPECTIONS & PHOTOGRAPHY-APPROVED
. .
Mary Morgan, Administrative Aide to the Board, reported that in the
Board meeting of September 25, the Planning Staff requested the use of
the Cvunty Helicopter for Olle hour per month for the Planning Department
She said that it would be used for aerial inspections and photographing.
She reminded the Board that at that time, there was a two to two vote
and it was the Board's directive to bring back the request before a full
Board, today.
Commissioner Pistor moved, seconded by Commissioner Archer and
carried with a 3/2 vote, that the Board approve the use of the County
helicopter for one hour per month as requested by the Planning Department.
Commissioners Wimer and Wenzel dissented.
LEAVE OF ABSENCE FOR MAINTENANCE DEPT. EMPLOYEE STEPHEN FREDLEY-APPROVED
FOR SIX WEEK PERIOD -
Mrs. Morgan reported that County employee Stephen Fredley has
undergone back surgey and will be out of work for approximately six
weeks. He has requested a six-week leave of absence, she said, and the
request has been approved by Maintenance Supervisor Lowell Raines.
Commissioner Pistor moved, seconded by Commissioner Archer and
carried unanimously 5/0, that a leave of absence be granted to Mainten-
ance Oepartment employee Stephen Fredley for a period of six weeks.
COMMISSIONER WENZEL APPOINTED AS COUNTY REP FOR 3 YEAR TERM ON S.F.R.P.C.;
COMMISSIONER PISTOR APPOINTED AS "ALTERNATE" FOR SAME FOR ONE YEAR TERM
Mrs. Morgan referred to a letter the Board received from the South-
west Florida Regional Planning Council dated October 16, 1979. She said
that the terms of County Representatives to the Council will expire as
follows:
Commissioner Clifford Wenzel
Commissioner John A. Pistor
Commissioner C.R. "Russ" Wimer
Nov. 8, 1979 (alternate)
Nov. 16, 1979
Nov. 8, 1981
Mrs. Morgan said that there is a need to appoint one member for a
three year term and one member to be an alternate for one year.
Commissioner Wimer suggested that perhaps Commissioners Wenzel and Pistor
could exchange places on the Council. Commissioner Pistol" agreed. and said
if th~t was the wish of the Board he would go along with it, however, he was
now acting as Secretary on the Council.
It was the consensus of the Board that there was no other alternative,
8OD~ 04.Q l>.^., ~,,,
600K 049 'ACf~4~', .
. . lIn-cJl:,a'( it was their wish to l1ave both gentlemen on the Council.
October 23, 1979
Commissioner Wimer moved. seconded by Commissioner Archer and carried
unanimously 5/0, that Commissioner Wenzel be appointed as County Repre-
sentat~ve for the term cF three years to the S.F.R.P.C. and Commissioner
Pistor be appointed as the alternate, for a term of one year.
GAIN TIME FOR INMATE MPC 179-5-11-FOR TWENTY DAYS-APPROVED BY THE BOARD
Mrs. Horgan explained that the Board has received a letter from
Warden James Lester. Immokalee Stockade. requesting gain time for
inmate MPC 179-5-11, for the period of twenty days. due to his
attitude and manner.
Commissioner Archer moved, seconded by Commissioner Wenzel and
carried unanimously 5/0. that gain time for inmate MPC 179-5-11 for
twenty days be approved by the Board.
BOARD DEFERS LETTER OF RESIGNATION FROM RALPH E. CARTER RE MEMBERSHIP
ON THE INDUSTRIAL DEVELOPMENT AUTHORITY OF COLLIER COUNTY FOR TWO
WEEKS FOR RECONSIDERATION BY MR. CARTER
Mrs. Morgan referred to a letter. dated October 11. 1979. from
Mr. Ralph E. Carter re his resignation as a member of the Industrial
Development Authority of Collier County. She said that Mr. Carter was
under the impression that he would be required to resign due to the
fact that he was no longer associated with the Barnett Bank and the
Economic Development Council; however. his resignation is not required.
Mrs. Morgan suggested that she hold the letter for two weeks in order
to give Mr. Carter time to reconsider.
Chainman Brown directed Mrs. Morgan to draft a letter to Mr. Carter,
and convey the wishes of the Board, that he remain on the Industrial
Development Authority of Collier County.
LETTER OF RESIGNATION FROM DR. GUN NARD J. ANTELL, M.D. AS THE COUNTY
REPRESENTATIVE TO THE AREA AGING COUNCIL-ACCEPTED
Mrs. Morgan related that in January of this year, the Board
appointed Dr. Antell as the County's representative to the Area Agency
on Aging. She referred to a letter from Dr. Antell, dated October 16,
1979, in which he expresses his feeling of not being able to contribute
any meaningful input into that organization. therefore. he has submitted
his resignation.
Commissioner Archer moved. seconded by Commissioner Pfstor and
carried unanimously 5/0. that the Board regretfully accept Dr. Antell's
resignation as the Coun~'s representative to the Area Aging Council
October 23, 1979
BOARD APPOINTS MARY MORGAN AS COUNTY (PUBLIC) REP TO C.E.T.A. ADVISORY
BOARD. BERTHA SAMPSON AS COUNTY (CLIENT) REPRESENTATIVE TO SAME-BOARD
REQUESTS INTERESTED PARTIES CONTACT THEM RE SEAT AS COUNTY (AGENCY) ON
SAME .
Mrs. Morgan referred to a letter dated October 17, 1979 from the
State indicating the seats of Mary Horgan as (Public) Representative;
Bertha Sampson as (Client) Representative; and William Harper, Jr. as
(Agency) Representative, have come up for reappointment. She said that
these seats may only be appointed for three consecutive years, and that
she and Bertha Sampson would be available to serve, however Mr. Harper
is not eligible.
Chainman Brown said he wanted it understood that at any time Mrs.
Morgan fel t the seat on this Advisory Board was too demanding. she was
to feel free to ask t~at she be replaced, and thanked her for Offering
her services.
Commissioner Wenzel asked if these appointments are necessary?
Mrs. Morgan said it is a State requirement.
Commissioner Archer moved. seconded by Commissioner Pistor and
carried unanimously 5/0, that Mary Morgan be appointed County (PUblic)
Representative to the C.E.T.A. Advisory Council. that Bertha Sampson be
appointed as County (el h'nt) RE'rn'E'~entlltive on Sl'm@' Council; thllt
interested parties for appointment as (Agency) Representative to same
Council contact the Board.
CHAIRMAN DIRECTS COUNTY ATTORNEY TO STUDY THE POSSIBLE ADOPTION OF A
COUNTY-WIDE ORDINANCE RE CONSUMPTION OF ALCOHOLIC BEVERAGES ON PUBLIC
STREETS
Mrs. Morgan referred to a petition signed by various citizens of
the Immokalee area requesting that the Board investigate the possibility
of a County-wide Ordinance banning the consumption of alcoholic beverages
on public streets.
County Attorney said he was in the process of same. Chairman Brown
directed he follow through with his study on the matter.
MOl( 049 ~GE 54'{
eOOK 049 ,~545
October 23, 1979
COUNTY ATTORNEY AUTHORIZED TO ATTEND PUBLIC MEETING RE DISCUSSION OF
AUDIT PREPARED ON AMERICAN AMBULANCE-AT 2:00 P.M. ON 10/25/79, ALONG
WITH ANY COMMISSIONERS WHO MAY WISH TO ATTEND.
County Attorney Pickworth referred to a letter from the State
Board of Accountancy. dated October 17, 1979, announcing a meeting to
take place in Orlando at 2.00 P.M. on October 25, 1979 re discussion
of audit prepared on American Ambulance. Inc. He said that this
review was to be in reference to FY 1978 re Compliance with Contract
with Collier County by American Ambulance Inc., and he requested that he,
along with any of the Commissioners that may wish to go, be authorized
to attend.
Commissioner Archer moved, seconded by Commissioner Pistol" and
carried unanimously 5/0, that the County Attorney be authorized to
attend the meeting re discussion of audit prepared on American Ambulance,
at 2:00 P.H. in Orlando, on 10/25/79. along with any of the Commissioners
that may wish to attend.
LAKE TRAFFORD MEMORIAL GARDENS CERTIFICATE DEED NO. 196-RECORDED AND
FILED FOR THE RECORD
Pursuant to action of the Board January 10, 1979 w~erein the
Chairman was authorized to sign various deeds to Lake Trafford Memorial
Gardens cemetery lots as the need arises, the following Deed No. 196
was recorded and filed for the record:
*
*
*
*
*
eoOK 049 tACE547
.'
October 23. 1979
WORKSHOP MEETING SCHEDULED FOR AFTERNOON OF lO/23/79-DEFERRED UNTIL
10/30/79
lJll'Il1i ss ioner Wimer req"cs ted tha t the workshop meeting schedul ed
for the afternoon of 10/23/79 be rescheduled for L30 P.M., October 30"
1979. Chairman Brown concurred and so directed.
MISCELLANEOUS CORRESPONDENCE - FILED AND/OR REFERRED
There being no objection, the Chair directed that the following
correspondence be filed and/or referred to the various departments as
indicated;
1. Letter dated October 17, 1979 from Melvyn Cooper. Regional
Planner. SWFRPC. transmitting copy of previous letter re-
questing information re 208 and 201 Grants which has not
been completed - xc to County Attorney for response; and
filed.
2. Letter dated October 17, 1979 from Mayor R. B. Anderson, City
of Naples, transmitting copy of City Council Resolution
No. 3369 re construction of sewage collection system in the
E~st Naples Area - xc Utility Division and the County
Attorney; and filed.
J. Memorandum dated October 15, 1979 from Clerk of Circuit Court
~illiam J. Reagan re Excess Fees for Fiscal Year En~ing
September 30, 1979 for Clerk of Circuit Court, and transmitting
copy of Annual Financial Report, and check in the amount of
$260,179.71 (Check received 10/15/79), Filed.
4. Letter dated October 16, 1979 from Sheriff Aubrey Rogers trans-
mitting Annual Report of Receipts and Expenditures for the
Budqet Year ending Spptpmhp.r 30, 1979. and Statement of Income,
as required by Florida Statutes (Check received 10/15/79) _ Filed.
5. Memorandum dated 10/17/79 to Chairman Brown from William J.
Reagan, Clerk of Circuit Court, re contract for auditing ser-
vices re Annual Audit as required under the Local Government
Financial Responsibility Act - Filed.
6. Letter dated October 15, 1979 from Kay Steigerwald, Chainman,
Advisory Council of Homemakers Service, regarding the place-
ment of needed workers on the CETA priority list - xc CETA
Director for response; and filed.
7. Copy of letter dated October 11, 1979 from CETA Director A.
James Heerpohl to Ernest S. Urassa, Program Administrator,
Balance of State. responding to letter dated October 4, 1979,
and enclosing copies of previous correspondence - Filed.
8. Copy of Order signed by Judge Brousseau re Civil Division
Case No. 79-0312-CA-OI-TB, Gregory Fogarty. Plaintiff. vs.
Collier County and the City of Immokalee - xc County
Attorney; and filed.
9. Letter received October 22. 1979 from Nonman A. Jackson,
Executive Director, Florida Commission on Human Relations
enclosing 4 copy of the Governor's Proclamation proclaim-
ing December 9-15 as Human Rights Week for 1979. and coPY of
Fair Employment Practice Poster, required by FS 13.261(9}
to be Visibly posted - (Sent to Personnel) _ Filed.
October 23, 1979
10. Copy of letter dat~d October 14, 1979 from Douglas O. McGoon,Jr.,
to DER. Fort MYers office, re Saltz Mineral Water, and Copeland
sanitary sewer plant inspection - Filed.
11. Lette. dated August, 19/9 C-eceived October 19, 1979) from
Hialeah, Inc. regarding the use of their facilities for various
functions - Filed.
12. Public Service Commission rlotices re following: (Filed)
A. Docket 790896-CCT to Petroleum Transport Company, Inc.
for a certificate of public convenience & necessity.
B. Docket 790742-CCB to West Coast Motor Lines, Inc. to
transport passengers in Pinellas, Pasco, and Hernando
Oounties .
C. Docket 790845-KC to Turner Trucking for certificate to
transport road building and construction aggregates
throughout State of Florida.
D. Docket 790309-LCCT rescheduling of hearing on applica-
tion of William E. Salenkow to November 19, 1979.
13. Monthly Report for Septem1979 (a) Social Services;
(b) Purchasing Department - Filed.
14. Monthly Activities Report. and Monthly Gift Shop Report, for
Collier County Museum and Archives for August, 1979 - Filed.
15, Pre-Final Report, the Expenditure Report. and the Grant Program
Cash Control Report for FY ending September 30, 1979 re Homemakers
Service of Collier County - Filed.
16, Memorandum received October 19, 1979 from State and Local Report-
ting Committee, Equal Employment Opportunity Commission, with
attachments, re completion of 1979 State and Local Government
Information (EEO-4) Survey - xc of letter and originals of attach-
ments to County Manager for completion or coordination of the
data to be included; Letter filed.
*
*
*
ADJOURNMENT
Chairman Brown called for the adjournment of the Board of County
Conlnissioners Meeting of October 23, 1979 at 3;00 P.M.
6~
BOARD OF COUNTY COMMISSIONERS/EX
OFFICIO GOVERNING BOARD(S) OF SPECIAL
DISTRICT UNDER ITS CONTROL
~
"
.'
~"
'.'l
BOOK 049 /'ACE 548
::-