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BCC Minutes 10/30/1979 R Naples, Florida. October 3D, 1979 LET IT BE REMEMBER~D, that the Board of County C~mmissioners in and for the County of Co~lier. 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 "Fit of the Courthouse Complex with the following members present: CHAIRMAN: David C. Brown John A. Pistor C.R. ~Russ" Wimer Thomas P. Archer ABSENT: Clifford Wenzel - Vice Chainman ALSO PRESENT: William J. Reagan, Clerk\ Harold L. Hall. Chief Deputy Clerk/Fiscal Officer; Jean Swfndle, Edna Brenneman (10:00 A.M.) and Darlene Davi~s~n (1:30 P.M.). Deputy Clerks; C. William Norman, County " Manager. Donald A. Pickworth. County Attorney. Lee Layne, Planner; Clifford Barksdale. Public Works Admf"fstrator/Engfneer; Mary Horgan. Admirdo;trative Aide to Board and Deputy Chief Raymond Barnett. Sheriff's Deparbnent. BOARD OF COUNTY COMMISSIONERS FINAL AGENDA October 30, 1979 NOTICE: ALL PERSONS SPEAKING ON ANY AGENDA ITEM MUST REGISTER PRIOR TO THE ITEM BEING HEARD. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED TO THE COUNTY MANAGER AT LEAST ONE WEEK PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER J'PUBLIC PETITIONS" AT 11:00 A.M. 1. INVOCATION 2 . PLEDGE OF ALLEGIANCE 3. APPROVAL OF AGENDA 4. APPROVAL OF MINt.JTES: October 16, 1979 _.~050.- 01 1 October 30. 1979 AGENDA - APPROVED WITH NO ADDITIONS OR DELETIONS Commissioner piJtor moved. seconded by Commissioner Archer and carried 4-0 with Comm~ssioner Wenzel absent. that the Agenda be approved with no additions or deletions. MINUTES OF OCTOBER 16. 1979 - APPROVED AS SUBMITTED Commissioner Pistor moved. seconded by Commissioner Archer and carried 4-0 with Commissioner Wenzel absent. that the minutes of October 16, 1979 be approved as submitted. CHAIRMAN BROWN PRESENTED SERVICE AWARDS TO THE FOLLOWING COUNTY EMPLOYEES: CARL CLEMMER. HERBERT HUNTER, DAVID REEVES. SANDI GIBBS, ELIDA '~RTINEZ, MARTHA SKINNER, TOM McDANIEL, EARLE SANBORN AND CANDICE FRANCO Chairman Brown read each award separately and in turn, presented same to the 'following employees: 20 years 10 years 10 years 5 years 5 years 5 years 5 years 5 years 5 years (Absent at the presentation) Chairman Brown thanked each employee for his or her dedicated service C4rl. Clemmer - Zoning Director Martha Skinner - Social Services Tom McDaniel - Planning Earle Sanborn - Civil Defense Herbert Hunter - Road & Bridge Sandi Gibbs - Word Processing David Reeves - Golden Gate Fire CO Candice Franco Elida Martinez - Road & Bridge and expressed the hope that all would remain in the County's employ. PETITION R-79-10-C, WHISPERING PINES, INC. REQUESTING REZONING FROM "RM_2" AND ItRM-I-ST" TO "GC" GOLF COURSE FOR PROPERTY LOCATED IN SECTIONS 14 and 23, T50S. R25E LOCATED BETWEEN KELLY ROAD AND THE CITY LIMITS FOR PROPERTY KNOWN AS FISHERMAN'S COVE - PER PETITIONER'S REQUEST CONTINUED TO NOVEMBER 27, 1979 Legal notice having been published in the Naples Daily News on June 7, 1979 as evidenced by Affidavit of Publicatio~ previously filed with the Clerk. public hearing was continued from' July 10. 1979, filed by Whispering Pines, Inc. requesting rezoning from "RM-2" and "RM-l-ST" to liGen Golf Course for property located in Sections 14 and 23, T50S. R25E sit- uated between Kelly Road and the City Limits for property known as Fisherman's . Cove. County Manager Norman explained that the Petitioner had requested that the hearing be continued again to be heard on November 27. 1979. a;' .050 rACE 05 !~nt 050 rAce DB October~, 1979 Commissioner Pistor moved. seconded by Commissioner Wimer and carried 4-0 with Commissioner Wenzel absent. that Petition R-79-10-C filed by Whispering Pines. Inc. be continued until November 27. 1979. ORDINANCE.79-87 RE PETITION R-79-12-C FILED BY LAWRENCE KENT REPRESENTING JOHN PRIDGEON REQUESTING REZONING FROM "I-ST" INDUSTRIAL SPECIAL TREATMENT TO "I" INDUSTRIAl: FOR PROPERTY LOCATED IN SECnON 36. T49S, R25E, SITUATED IN EAST NAPLES PRODUCTION PARK BETWEEN DOMESTIC AND ENTERPRISE AVENUES _ ADOPTED Legal notice having been pUbliShed in the Naples Daily News on June 22. 1979 as evidenced by Affidavit of Publication previously filed with the Clerk, public hearing was continued from July 24, 1979 . . r.egardfng Petition R-79-12-C filed by Lawrence Kent representing John Pridgeon requesting rezoning from "I-ST" Industrial Special Treatment to "I" Industrial for property located in Section 36. T49S, R25E and situated in East Naples Production Park between Domestic and Enterprise Avenues. Planner Lee Layne presented the petition and stated the original request for removal of the entire "STII designation from the Petitioner's property had been withdrawn. She continued, that during the period of time from July 24, 1979 to October 18, 1979. Mr. Pridgeon had his property resurveyed with a revised "STII description result. It is this amended legal description of the proposed IISTIl area and the proposed rezoned "III Industrial area that Mr. Pridgeon is requesting approval of today. Ms. Layne concluded thAt the petition. as revised. has been reviewed by EAC. WMAB and the CAPC with '. . . a recoll1Tlendation of approval with the incorporation of the revised "ST" descrip- tion as approved by Dr. Harmic. There being no persons registered to address the matter, Commis- sioner Archer moved, seconded by Commissioner Pistor and carried 4-0 with Commissioner Wenzel absent, that the public hearing be closed. Commissioner Archer moved, seconded by Commissioner Wimer and carried 4-0 with Commissioner Wenzel absent, that the Ordinanc~as numbered and titled below. be adopted and entered in Ordinance Book No. 10. October 30. 1979 ORDINANCE 79 - ~ AN ORDINANCE AMENDING ORDINANCE 76-30, THE COf~PREHD1SIVE ZONING REGUw,.TIONS FOR THE UNINCORPOIW.I.'ED AREA OF THE COASTAL AREA PLANNING DISTRICT BY AMENDING THE OFFICIAL ZONING ATLAS MAP, NU~ER 49-25-7 BY ADJUST- ING THE "ST" DISTRICT: A PORTION OF THE NORTHEAST QUARTER OF SECTION 36, TOWNSHIP 49, RANGE 25, AND PROVIDING AN EFFECTIVE DATE PETITION NZ-79-7-C. COUNTY PLANNING OEPARTMENT; REQUESTING AN AMENDMENT TO SECTION 37, AGRICULTURAL DISTRICT BY ADDING A PROVISIONAL USE TO ALLOW FOR PROCESSING. DISTRIBUTING AND SIMILAR USES FOR AGRICULTURAL PRODUCTS GROWN ON OR OFF-SITE - CONTINUED UNTIL DECEMBER 4. 1979. Legal notice having been published in the ~apl.s Daily News on September 6. 1979 as evidenced by Affidavit of Publication previously file with the Clerk. public hearing was continued from September 25. 1979 regar Petition NZ<<79-7-C filed by the County Planning Department requesting an amendment to Section 37, Agricultural District by adding a provisional use to allow for processing. distributing and similar uses for agricultural pr ducts grown on or off-site. Planner Lee Layne stated the Planning Department was. asking tha the Petition be continued until December 4, 1979. Commissioner Archer moved, seconded by Commissioner Pistor and carried 4-0 with COmmissioner Wenzel absent. that Petition NZ-79-7-C filed by the County Planning Department be continued until December 4. 1979. RESOLUTION 79-165 TO IMPLEMENT ORDINANCE 79-8 KNOWN AS THE COLLIER COUNTY VESSEL CONTROL ORDINANCE - ADOPTED Legal notice having been published in the Naples Daily News on October 14. 1979 as evidenced. by the Affidavit of Publication filed with the Clerk. public hearing was opened to consider the resolution that will implement Ordinance 79-8 known as the Collier County Vessel-Control Ordi- nance. Administrative Assistant to the County Manager Willett presented the item and gave the Board additional info!~tion regarding the proposed resolution. Mr. Willett identified the eight (8) locations that are presel being considered for the installation of the "No WaRe Idle Speed" signs as being; Caxambas Waterway Goodland Smokehouse Bay Canal . ~~:050 tat!' '07 tOOK OSQrAct. 08 October 30, 1979 Isles of Capri Villa De Marco Rock Creek Vanderbilt Waterway Gul r Harbor, Continuing. Mr. Willett pOinted out that the financing for such a project . could be funded through the Boating Improvement Fund (This same fund of approximately $100,000 is being considered for two other projects _ (1) replacement of buoys at Marco Island and in Naples and (2) the improve- ment of B~yvi~ Park in the manner of matching funds) and will cost $13,430 with'an annual maintenance cost of $1,500. The interest in the program for the placement of such signs in locations qther than those referenced above has increased greatly. Mr. Willett said. but because there has been no money budgeted for this particular activity in the FY 1979-80 these additional signs will have to be addressed at the next budget process. Concluding his presentation, Mr. Willett identified the eight locations ~n a mapi showed the Board the proposed configuration of the signs to be used;and stated that the time element involved for the implementation of the Collier County Vessel Control Ordinance will be approximately 90 to 10.0 days. Mr. Michael Hoore of ~27 Willowick Drive. Naples. Florida and the Vanderbilt Beach Property Owners Association, toget~er with Mr. Walter . S. Wilde of 151 Bayview Avenue. Naples, Florida and the same Association, spoke in approval of the proposed Resolution. There being no other persons registered to speak on the item, Commissioner Archer moved. seconded by Commissioner Pistor and carried 4-0 with Commissioner Wenzel absent. that the public hearing be closed. Commissioner Wimer moved, seconded by Commissioner Pistor and carried 4-0 with Commissioner Wenzel absent. that Resolution 79-165, implementing Ordinance 79-8 known as the Collier C~unty Vessel Control Ordinance, be adopted. '* '* '* '* '* MOK 050"AC~ U PETITION Nz-79-S-C, COUNTY PLANNING DEPARTMENT - REQUESTING AN AMENDMENT TO SECTION 29. ORDINANCE 76-30 BY ADDING SECTION 20.1 MOBILE HOME RURAL ESTATES DISTRICT - CONTINUED UNTIL NOVEMBER 6. 1979 October 30, 1979 Legal notice having been published in the Naples Daily News on Septembe~ 6. 1979 as eviJenced by Affidavit of Publication previously filed with the CJerk. public hearing was continued from September 25. 1979. filed by the County Planning Departmen~requesting an amendment to Section 29, Ordinance 76-30 by adding Section 29.1 Mobile Home Rural Estates District. , Following discussion which included County Attorney Pickworth's' . . statement that his office was preparing an Emergency Ordinance that will amend the non-conforming ~se provision of the Zoning Ordinance which in turn will give some relief to the owners of mobile homes in the Agrfcultura district. Staff's recommendation that the proposed ordinance be adopted as presented; Commissioners Wimer's and Archer1s favorable comments regard- ing the proposed ordinance which included Mr. Pickworth's Emergency Ordinance; Planning Director Crew's statement that with the adoption of such an ordinance, the Board would review each petition on its own merits and Commissioner Pistor's questioning the mixing of Mobile Housing with regularly built homes in the same area. Commissioner Archer moved. seconded by Commissioner Wimer and carried 4-0 with Commissioner Wenzel absent. that the public hearing regarding Petition NZ-79-8-CJ filed .by the Pldnnfng Depllr ment. be continued until November 6, 1979. '.' PETITION R-79-38-C BY MOORINGS PARK. INC. REQUESTING AN AMENDMENT TO PARAGRAPH 8 OF ORDINANCE 79-19, MOORINGS PARK PUD BY CHANGING THE MINIMUM FLOOR AREA - ADVERTISING AUTHORIZED FOR PUBLIC HEARI~G DECEMBER 4. 1979 Commissioner Archer moved. seconded by Commissioner Pistor and carried 4-0 with Commissioner Wenzel absent. that Petition R-79-38-C, filed by Moorings Parks. Inc. requesting an amendment to Paragraph 8 of Ordinance 79-19, Moorings Park PUD by changing the minimum floor area. be advertised for public hearing December 4. 1979. RES0lUTION 79-166 RE PETITION PU-79-14-C FILED BY JEAN ENGLE REQUESTING PRO VISIONAL USE (7) OF THE ESTATES DISTRICT FOR A CHILD CARE CENTER ON PROPER1 LOCATED IN SECTION 31. T49S. R26E ON THE EAST SIDE OF SAINT CLAIR SHORES RO ADOPTED WITH STIPULATIONS - PETITIONER'S AGREEMENT TO STIPULATIONS - ACCEP1 , Planner Lee Layne presented the petition, filed by Jean Engl~ req October 30. 1979 provisional use (7) of the Estates District for a child care center on that property located in Section 31, iownship 49 South. Range 26 East. consisting of 5 acres m/1 and situated on the east side of Saint Clair Shores Road one-half mile Ilorth of Radio Road. Ms. Layne stated the petition has been reviewed by all the County agencies and was approved with the following eleven stipulations: 1. Approved public well and public water system is required. (Health) 2. Solid Buffer along driveway and playground (EAC) 3. Detailed site drainage plan be submitted to and approved by the County Engineer prior to the issuance of a building permit (WMAB) 4. Driveway width at ROW will be a minimum of 24 feet wide with a 15 foot radius (Engineering) 5. Traffic flow on site plan should be reversed to a counterclockwise direction (Traffic Planner) 6. Driveway behind parkinQ area should be at least 16 feet wide behind parking spaces (Traffic Planner) . 7. Parking spaces must be 10' x 20' (Traffic Planner) 8. Six foot high solid wood fence around the playground area (Planning) 9. All signs must be approved by the Zoning Director (Planning) 10. Limit the center to 15 children and hours of operation from 7:30'A.M. to 6:30 P.M. (Planning) 11. No outside speakers (Planning) She conclud!d:,her presentation with the statement that the CApe had held their Public Hearing on October 4, 1979 with 7 members present and found that the granting of the provisional use would not adversely affect the public interest. Following Ms. Engel's answering of the Board's questions con- cerning the above-reFerenced st1pulllt10ns, Cht1irman Brown asked fnr public participation. Mr. George F. Keller of 3526 29th Ave.. S.W.. Naples. Florida and Mr. Don Ouco, 3770 29th Ave., S.W. Naples. Florida spoke in opposition to the granting of the requested provisional use. citing their reasons for disagreement as being: (1) adverse affect on the surrounding property owners. (2) granting the petition,will result in "spot zoning" . which will make a hodge-podge of the residential area and (3) the premise that no profit-making project should be allowed under the provisional use section of the Zoning Ordinance. Commissioner Wimer moved. seconded by Chairman Brown and carried 4-0 with Commissioner Wenzel absent. that Resolution 79-166 re Petition PU-79-14-C filed by Ms. Jean Engle requesting provi~ional use (7) of the Estates District for a rhild care center on property located in Section 31, Township 49 South. Range 26 East on the east side of Saint Clair Shores Road. be adopted subject to stipulations. and that the Petitioner's Agreement to stipulations be accepted. BOllI( OM fl, ...: . ." eO':Ji( ~'lU fACE J.O uc.;tooer JU, J.'JI'J EMERGENCY ORDINANCE 79-88 AMENDING ZONING ORDINANCE 76-30 BY AMENDING SECTION 15, ALLOWING ADDITIONS AND IMPROVEMENTS TO NON-CONFORMING USES IN A-AGRICULTURAL ZONING DISTRICT AND BY ADDING A NEW PARAGRAPH 13 TO SECTION 15 - ADOPTED County Attorney Pickworth presented the newly drafted amendment to Ordina~ce 76-30 by giving each member of the Board a copy and stated the proposed ordfnance will solve one of the limited problems with the Zoning Ordinance in that it will allow the additions and improvement to non-conforming uses in the "A"-Agricultural Zoning District - Le. Mr. James Code and his previous request for a provisional use. .-C~issioner Wimer moved, seconded by Commissioner Pistor and carried 4-0 with Commissioner Wenzel absent. that an emergency exists and the immediate enactment of'the Ordinance is necessary, therefore, notice requirements are waived and the Ordinance shall take effect immediately upon its placement in the United States mail to the Secretary of State. Commissioner Wimer moved. seconded by Commissioner Archer and carried 4-0 with Commissioner Wenzel absent, that the Emergency Ordinance as numbered and titled below be adopted and entered in Ordinance Book 110. ORDINANCE NO. 79-~ AN EMERGENCY ORDINANCE AMENDING COLLIER COUNTY ZONING ORDINANCE NO. 76-30, THE COMPREHENSIVE ZONING REGULATION~ FOR THE UNINCORPORATED AREA, OF THE COASTAL AREA PLANNING DISTRICT BY AMEND- ING SECTION lS OF ORDINANCE NO. 76-30; ALLOWING ADDITIONS AND IMPROVEMENTS TO NON-CONFORMING USES IN A-AGRICULTURAL ZONING DISTRICT; BY ADDING A NEW PARAGRAPH 13 TO SECTION 15; PROVIDING AN EFFECTIVE DATE. RENTAL LEASE FOR ADMINISTRATIVE OFFICE FOR COMMUNITY BLOCK GRANT PROGRAM IN IMHOKALEE IN THE RECREATION HALL OF THE TRIUMPH CHURCH, IMMOKALEE _ APPROVED FOllowing the presentation by Mr. Ted Thorward, Project Coord- inator for the Community Block Grant Program in Immokalee, regarding the necessity of renting an administrative office to supervise said project. Commissioner Pistor moved. seconded by Commissioner Wimer and carried 4-0 with Commissioner Wenzel absent, that the Chairman be authorized to sign the rental lease for the administrative office of the Community Block Grant Program in Immokalee on a month-to-month basis. October 30. 1979 PRELIMINARY ACCEPTANCE OF STREETS IN MARCO ISLAND - APPROVED County Engineer Barksdale stated the subject streets have been constructed to the County's standard that existed at the time of platting; have been inspected and that the Staff recommends approval of preliminary acceptance of same with the understanding that Deltona Corporation will be required to maintain the streets for a one-year maintenance period at which time the streets will be reinspected for any deficiencies. Commissioner Pistor moved. seconded by Commissioner Archer and carried 4-0 with Commissioner Wenzel absent, that the following streets in Marco Island be approved for "Preliminary Acceptance": UNIT 23 Y1!.Ill Copperfield Court Olive Court Beaver Court Snowberry Court Post Court Ruby Court Moon Court Ivory & Ship Courts UNIT 11., REPLAT Elkcam Circle (between N. Collier Blvd. & Elkhorn Ct.) Elkhorn Court Alley (between Elkcam & Elkhorn) UNIT 12 Kendall Drive Swiss Court Trent Court Price Court . Diplomat Court Bradford Court Somerset Court, Mangrove Spinnaker Drive of Hernando) Hunkin Court Taylor Court Snell Court Lewi s Court Kendall Drive (S of Hernando) UNIT 11 Crescent Street Solana Court Thrush Court Cameo Court Hernando Dr. (between Tigertail & Tigertail) Ndutilus Court Plantation Court Giralda Court Hyacinth Court (north of Giralda) Embassy Court Elkcam Circle (between Giralda and Elkhorn) FINAL ACCEPTANCE OF STREETS IN MARCO ISLAND - APPROVED Following County Engineer Barksdale's statements that the subject . streets had been inspected on October 10, 1979 and found to meet the required Collier County standards for final acceptance (The deficiencies of an inspection of August 10. 1979 having been corrected), Commissioner Pistor mo~ed. seconded by Commissioner Archer and carried 4-0 with Commissioner 800" 050 rACE' zr \.I I.hil I '-it 'wi" . '",l. ..,,.,, U,tober JU. !~/~ Wenzel absent, that the following streets be approved for Final Accep- tance by the Board: Barfield Drive: between S.R. 92 and North collfer Boulevard including bridge .Doranda Court: ~~l of street Tfgertafl Court: between Hernando and Century Court Hernando Drfve: between Spfnnaker and Tigertail Court DEDICATION OF A FIVE FOOT STRIP OF LAND ALONG A PORTION OF ESTEY AVENUE FOR SIDEWALK - ACCEPTED - DOCUMENTS RE SAME - ACCEPTED FOR RECORDATION -Commissioner Pistor moved. seconded by Commissioner Archer and carried 4-0 with Commissioner Wenzel absent, that the two Quit-Claim Deeds and the Grant of Easement dedicating a five (5) foot ~trip of land along a portfon of Estey Avenue so that a sidewalk may be properly constructed. be accepted and said documents be recorded in the Official Records of Collfer County. * * * * * . " * I ,I MOlt 050 'AtE 28. October 30, 1979 PRELIMINARY ACCEPTANCE OF MANATEE ROAD FROM STATION 0+00 TO STATION 54+50 - APPROVED' County Engineer Barksdale stated the right-of-way for Manatee RoaJ was obtained and de~ic~ted to the public. The adjacent property owners under the direction of Henderson Creek Construction Company . constructed the road improvements to the County's specifications and the County has inspected the construction of Manatee Road, recommending "Preliminary Acceptance" for the one-year maintenance period. Mr. Barksda concluded that the Henderson Creek Construction Company has agreed to assume the maintenance responsibility for the one-year period, resulting in the Staff's recommendation that the said road between Station 0+00 to Station 54+50 be approved. Commissioner Wimer moved. seconded by Commissioner Pistor and carried 4/0 with Commissioner Wenzel absent. that Manatee Road from Statio 0+00 to Station 54+50 be approved for Preliminary Acceptance by the County FINAL ACCEPTANCE OF LAKEWOOD UNITS 1. 2. 3 & 4 - RELEASE OF MAINTENANCE AN SUBDIVISION BONDS RE SAME - APPROVED - RETENTION OF BOND IN THE AMOUNT OF $17.186 FOR THE COMPLETION OF SIDEWALKS IN UNIT 4 - APPROVED County Engineer Barksdale stated that Lakewood Units 1. 2. 3 and 4 had been granted "Preliminary Acceptance" by the Board of County Commis- sioners and the required one-year maintenance period has elapsed, saying t subject units have been reinspected by the County Engi~eering Department " .' and meet the Collier County standards for "Final Acceptance". Mr. Barksda requested that the Board approve the "Final Acceptance" of the following listed units. release the indicated maintenance and subdivision bonds and retain Bond CNA No. 567-41-26 in the amount of $17.186 for completion of sidewalks in Unit 4. Lakewood Unit 1: Preliminary acceptance granted 11/29/77 by the BCC Release Subdivision Bond--Safeco No. 2219652 in the amount of $174~185.00 Release Maintenance Bond--Safeco No. 2772461 in the amount of $54.250.00 Lakewood Unit 2: Preliminary acceptance granted 10/17/78 by acc Release Maintenance Bond--CNA No. 567-41-28 in the amount of $30.574.60 Lakewr.od Unit 3: Preliminary acceptance granted 10/17/78 by BCC Release Maintenance Bond--CNA No. 567-41-28 in the amount of $7,975.83 Lakewood Unit 4: Preliminary acceptance granted 10/77/78 by BCe , October 9. 1979 Release Maintenance Bond--CNA No. 567-41-29 in the amount of $23.231. 90 . Retain Subdivision Bond--CNA No. 567-41-2G in the amount of $17,186.00 to guarantee t:.. completion of the sidewalks. Sidewalks are completed as lots are built upon. CHAIRMAN AUTHORIZED TO SIGN SUB-GRANT APPLICATION FOR LEAA FUNDS, AND RESOLUTION 79-167 AUTHORIZING THE GRANT APPLICATION FOR REHABILITATION AND TREATMENT PROGRAM FOR ALCOHOL-RELATED CRIMINAL OFFENDER (CRIMINAL DIVERSION PROJECT 79AA-09-EB02) - ADOPTED Following brief presentation by County Manager C. William Norman, Commissioner Wimer moved. seconded by Commissioner Archer and carried 4/0 with Commissioner Wenzel not present. that the Chairmln be authorized to sign the Sub-grant Application for LEAA funds. and that Resolution 79-167 authorizing the Grant Application 'or the Rehabilita- tion and Treatment Program for the Alcohol-related Criminal Offender (Criminal Diversion Project 79AA-09-EB02), be adopted. * Note: . " Complete application appears on file in the Office of the Clerk to the Board. * . . * . * ,* . BOOK 050 PAGE 29 ) 1...._;) L-I October 30. 1979 REQUEST TO MAKE EFFECTIVE DATE OF FISCAL YEAR WAGE INCREASES THE SAME DATE AS THE BEGINNING OF THE FISCAL YEAR. BEGINNING WITH THE FY 79-80 AND ITS 7% ACROSS-THE-BOARD WAGE INCREASE - APPROVED County Manager C. William Norman explained that, as in the past. the pay increase granted for the 79-80 Fiscal Year was app~ved for implementat~on the first pay period in the fiscal year. He said that this year the pay period began at the beginning of the second week of the new fiscal year, although money was budgeted for the increase begin- ning with the first week of the new year. He said that concern has been expressed among the employees and that, since the computer which prepares the payroll can handle the change, it is recommended that the Board approve an adjustment. Commissioner Pistor moved, seconded by Commissioner Archer and carried 4/0 ~ith Commissioner Wenzel not present. that the Board approve. for FY 79-80 and subsequent years. making the effective date of Fiscal Year wage increases.the same date as the beginning of the Fiscal Year. CHAIRMAN AUTHORIZED TO SIGN AGREEMENT-BETWEEN THE TRI-COUNTY NUTRITION PROGRAM AND THE COUNTY COMMISSION TO PROVIDE THE SERVICES DESCRIBED THEREIN '. County Manager C. William Norman provided the Board with a brief review of the agreement being presented for Board approval between the Tri-County Nutrition Program and the County Commission to provide Congregate and Home-served meal services, noting that the agreement is actually a continuation of the same agreement in effect for FY 78-79. Mr. Norman also noted that both the Fiscal Office and the County Attorney have reviewed the agreement and concur with its content. CommiSsioner Wimer moved, seconded by Commissioner Archer and carried 4/0 with Commissioner Wenzel not present. that the Chainman be . . authorized to sign the agreement with the Tri-County Nutrition Program to provide the services described therein. . . . . . BOOK ,O~O~,rA~~ 35 , , . ~O~K ,ObU PACE ~ October 30, 1979 BOARD APPROVES PLAYGROUND EQUIPMENT AND FENCE TO BE DONATED TO THE COUNTY FROM THE NAPLES KIWANIS CLUB WHICH IS TO BE PLACED ADJACENT TO THE HEAL TII DEPARTMENT The matter having been discussed by the Board during previous sessions,. Commissioner wimer moved, seconded by Commissioner Pistor and carried 4/0 with Commissioner Wenzel not present, that the play- ground equipment and fence to be donated to the County from the Naples Kiwanis Club, to be placed adjacent to the Health Department facility, be approved, as recommended by the Parks and Recreation Department. ORDINANCE 79-89 AMENDING ORDINANCE 79-67 BY CORRECTING WATER USER RATES FOR THE COUNTY WATER SERVICE AREA - DECLARED AN EMERGENCY. AND ADOPTED Utility Director .Irving Berzon explained that Ordinance 79-67, pertaining to an increase in the monthly water user rates, contained'two typographical errors which were undetected prior to its submittal to Tallahassee and that the errors, if not corrected. can have a signifi- cant effect on the revenue for water usage. He detailed the subject errors and recommended that the Board adopt an emergency ordinance correcting same. Commissioner Wfmer moved that an emergency exists and that Ordinance 79-89. amending Ordinance 79-67 by correcting the water user rates for the County Water'Service Area. be adopted and entered into Ordinanc@ Book No. 10. The motion was seconded bl. Commissioner , " Archer and carried 4/0 with Commissioner Wenzel not present. ORDIN^UCE NO. 79-89 AN ORDINANCE AMENDING ORDINANCE NO. 79-67, WHICH AMENDED ORDINANCE NO. 78-8. CORRECTING SLeTION TWO. WATER USER RATES AND PROVIDING AN EFFECTIVE DATE. ROUTINE BILLS - APPROVED FOR PAYMENT Commissioner Archer moved. seconded by Commissioner Pistor and carried 4/0 with Commissioner Wenzel not present, that the bills, having been processed following established procedure and for wh1~h funds October .30, 1919 are available. be approved for payment as witnessed by the following warrants issued from October 24. 1979 through October 30. 1919: FUND BCC Payroll BCC Payroll County Warrants Collier County Lighting Golden Gate Fire Water Management Sewer Area "A" Revenue Capital Improvement Revenue Certificate County Water Service County Water Supply Intragovernmental Services Systems Development Clearing WARRA~:T NOS. 5165 - 5611 63375 - 63380 837 - 956 1 1 1 2 1 2 2 3 5 - 6 BUDGET AMENDMENT 80-7 TO PROVIDE SUFFICIENT FUNDS FOR SALARY INCREASE FOR SUPERVISOR OF ELECTIONS - ADOPTED IN THE AMOUNT OF $650 Following Fiscal Officer Harold Hall's statement that Budget Amendment 80-7 will provide sufficient funds for the salary increase for the Super.vt~or of Elections. as calculated by the State of Florida Department of Community Affairs reflecting the salary change approved by the Legislature. Commissioner Pfstor moved for its adoption in the amount $650. Corrmfss10ner Wimer seconded the motion which carri'ed 4/0 wfth Commissioner Wenzel not present. . . . . * . . &DOlt 05U fACE 39 . ....--j October 30. 1979 BUDGET AMENDMENT 79-154 FOR YEAR-END CLOSING ADJUSTMENTS AFFECTING ALL FUNDS AND ORGANIZATIONAL UNITS BUDGETED BY THE BOARD - ADOPTED Fiscal Officer Har~ld Hall stated that Budget Amendment 79-154 is a compilation of the year-end closing amendments for FY 18-79, repre- senting the moving of funds within departmental budgets in order to comply with Statutes and that. in some cases, it reflects increased costs of utilities. insurance. and the like. He said the adoption of the subject Budget Amendment is necessary to bring the final year- end financial reports into the final stage f~r closing which will take place Wednesday, October 31st. He said that, if for any reason, there are any subsequent amendments necessary. following the closing. they will be presented to the Board within the next two weeks. Commissioner Pistor moved, seconded by Commissioner Archer and carried 4/0 with Commissioner Wenzel not present. that Budget Amendment 79-154 repres~~ting the year-end closing budget amendments affecting all funds and organizational units budgeted under the Board of County Commis- sioners. be adopted. Commissioner Wimer inquired if next year, during the budgeting process and hearings. if all such year-end amendments will be reflected in the budget approval. Mr. Hall responded in the affirmative commenting that the subject set of Budget Amendments has been "formatted" in direct response to the Commissioner's request which was made the previous year. He said that it has taken two years to reach the proper continuity whereby "we can follow through from prior year into the coming year". . . . * aOOK D50 PAGE, 4I * October 30, 1979 BOARD ESTABLISHES AND AUTHORIZES STRICT OBSERVANCE OF HOURS BETWEEN 6:00 P.M. AND 8:00 P.M., OCTOBER 31. 1979. FOR CELEBRATION OF HALLO~;::EN Administrative Aide to the Board Mary Morgan brought to the Board's attention that a number of concerned parents have requested that the Board declare the hours between 6:00 P.M. and 8:00 P.M.. October 31. 1979, as the time for the children to be out "trick or treating". Commissioner Wimer moved. seconded by Commis$ioner Pistor and carried 4/0. that the aforesaid hours and date be confirmed and, as noted by Chairman Brown. that the hours be strictly observed. EXTRA GAIN TIME FOR COLLIER COUNTY JAIL INMATES NOS. A-23620 (30 DAYS). A-34176 (50 DAYS). AND A-1196 (90 DAYS) - APPROVED Commissioner Archer moved, seconded by, Commissioner Pistor and carried 4/0 with Commissioner Wenzel not present, making separate motions regardf~g each, that the following Collier County Jail inmates be granted extra gain time as indicated. pursuant to Florida Statute 951.21 and Collier County Ordinance No. 76-24. and as recommended by Sheriff Rogers: Inmate No. Gain Time Release Date 1.0. A #23620 30 Days 11/1/79 I.D. A 134176 60 Days 11/6/79 1.0. A '1196 90 Days 11/17/79 CHAIRMAN AUTHORIZED TO SIGN APPLICATION FOR TRAFFIC ENFORCEMENT EMPHASIS LEAA GRANT IN THE AMOUNT OF $20.440 Following brief explanation by Administrative Aide to the Board . Mary Morgan, Commissioner Archer moved. seconded by Commissioner Pistor and carried 4/0 with Commissioner Wenzel not present. that the Chairman . - be authorized to sign the LEAA Grant Application for Traffic Enforcement Emphasis in the amount of $20.440. * * * * BOOK 050 ;ACE 83 . .. October 30, 1979 CHAIRMAN AUTHORIZED TO SIGN VARIOUS CERTIFICATES FOR CORRECTION TO THE 1979 TAX ROLL Commissioner Pistor moved, seconded by Commissioner Archer and carried 4/0 with Commissioner Wenzel not present. that the Chainman be authorized to sign the following Certificates for Correction to the 1979 Tax Roll: Tangible Personal Property CERTIFICATE NOS. 1979-1 - 1979-6 MTIQ. 10/24/79 BOARD CONFIRMS REQUIREMENT OF CERTIFIED AUDIT OF B & B DISPOSAL FINANCIAL RECORDS PRIOR TO REVIEW OF REQUEST FOR RATE INCREASE, AS CONTAINED IN FRANCHISE Administrative Aide to the Board Mary Morgan reviewed the contents of the correspondence dated October 23. 1979 from Peter A. Stilphen, President of Marco Accounting and Tax Service. Inc.. represent- ing B & B Disposal, wherein reference is made to the language contained in the firm's Franchise Agreement with regard to requiring a public accountant to prepare a financial statement of the year's operations of , . the firm. She said that Mr. Stilphen is requesting a clarification of the Board's intent and suggests a "review" engagement, which 15 narrower in scope than an audit but which is substantially more extensive than the unaudited engagement. Public Works Administrator/County Engineer Barksdale. when asked to comment, said that although the Franchise does not specifically state that the audit will be certified. it is certainly implied throughout the Franchise. Mr. Barksdale said that it is his recommendation that a certified audit of the records be required prior to reviewing any future . request for a rate increase by the firm. Commissioner Wimer moved. seconded by Commissioner ~rcher and carried 4/0 with Commissioner Wenzel not present. that the staff recommendation set forth above be approved. REPORT FROM SUPERVISOR OF ELECTIONS RE NUMBER OF VOTING MACHINES, PRECINCTS INVOLVED. 'NO POLL WORKERS NEEDED FOR 11/27/79 REFERENDUM RE EAST NAPLES SEWER PROJECT - APPROVED Commissioner Archer moved. seconded by Commissioner Pistor and Boot' .opO PACE 93 ~~.~~ October 30, 1979 carried 4/0 with Commissioner Wenzel not present. that the report dated October 24, 1979 from S~~~rvis'~' ;i Elections E~~. Cri~b Sa~t. with regard tO,the number of voting ma'hines. the precincts involved, and containing the n~mes of the poll workers, with regard to the November 27, 1979 Referendum pertaining to the East Naples Sewer Project, be approved. BALLOT RE 11/27/79 EAST NAPLES SEWER REFERENDUM - APPROVED Commissioner Archer moved. ~econded by Commissioner Wimer and carried A/O with Commissioner Wenzel not present, that the ballot for the November 27. 1979 East Naples Sewer Project Referendum be approved. . as submitted by the Supervisor of Elections. and as distributed by Co~nty Attorney Oonald Pickworth. 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. Copy of letter dated October 19. 1979 from Mayor R. B. Anderson, City of Naples, to Fred P. Winkler. President, East Naples Civic Association, regarding action taken by the City pertaining to the East Naples Sewer Project - xc Utilities Director; and filed. 2. Letter dated October 26. 1979 from William K. Fowler, P.E.. District Engineer, FOOT, transmitting list of transportation programs to be constructed within the area during the next five ye~rs - xc Engineer- ing Department; and filed. 3. NACo Factsheet on pending legislation regarding Agricultural Land Protection Act - xc Agriculture Agent for review and comment. and tiled. 4. Copy of letter dated October 24. 1979 from Property Appraiser Sam J. Colding to Supervisor of Budgets, Florida Department of Revenue, Division of Ad Valorem Tax, transmitting copies of Budget Amendment Request No. 1 re the appeal of his 1979-80 Budget - Filed. 5. Letter dated October 18, 1979 from James Stephens. Chairman of the Board. Area Agency on Aging, re deadlines for submission of financial reports - xc Fiscal Officer. Finance Director, and County Manager to insure County complies with new deadlines; and filed. 6. Notice of EPA Workshop on "Overland Flow for Treatment of Munici- pal WastewaterW to be held in Greenville, S.C. on November 27 and 28, 1979 - xc to Utilities Director; and filed. 7. Notice from the South Central Florida Health Systems .Council, Inc. of health projects currently under review and proposed hearing dates re same - Filed. BOOK U~U fAGE ~U October 30. 1979 18. Departmental Reports. as follows: Library (Month ending September. 1979). Animal Control (Annual Report 1978-1979); Building (1/1/75 through 9/30/79) - Filed. 19. Notice dated October 19. 1979 from Department of Community Affairs. Michael C. Garretson. Director. outlining the salarie~ for the varf("'JS elected officials in the County during the coming fiscal year... Filed 20. Notice receiged October 25. 1979 from Edward W. Houck. Ph.D.. Executive Director, South Central Florida Health Systems Council, Inc. transmitting copy of the draft "Proposed Uses of Federal Funds Review Manual". noting the public hearing scheduled for November 26. 1979 in Sarasota - xc County Manager, and Health Director, for review and comment; and ffled. 21. Letter dated October 23, 1979 fr~m Edward W. Houck. Ph.D.. Executive Director; South Central Florida Health Systems Council, Inc. trans- mitting copy of Draft "Health Systems Plan - 1980", and noting public hearing to be held November 20 - 21. 1979 at Courthouse Com- plex - Referred to County Manager, 10/31/79 and Health Director. for review and comment, and xc of letter re same - original letter filed. . . . RECESS: 10:25 A.M. until 11:00 A.M. * * . REQUEST BY NICK VARIE, FORMER OWNER OF ACT III RESTAURANT, FOR WAIVER OF ALL SEWERAGE CHARGES DUE TO INACTIVITY OF BUSINESS - NO ACTION TAKEN Attorney John M. Passidomo, speaking on behalf of Mr. Nick Var1e, the former owner of the Act III Restaurant business, reviewed the contents of his letter to the Board dated October 24, 1979, wherein it is fonmally requested that his client be granted a hearing to contest a sewer usage bill in the amount of $11,933. Mr. Passido~o detailed in chronological order the factual situation. as represented by Mr. Varie. from the opening of the business until Mr. Varie sold tHe business in October of 1979. as it relates to the sewer impact fee and/or monthly user rates. He said that the Objection to the aforesaid bill is based on the following two grounds: 1. The restaurant was operated for at most five months and to charge Mr. Varie for the months he was not in occupancy and services were not supplied is patently unfair. 2. The $1.50 per seating unit rate was fixed arbitrarily and further, is discriminatory as applied. in general, and in this situation in particular. County Attorney Donald Pickworth. referring to the allegations that the rates are discriminatorily fixp.d, apprised the Board that Mr. Varie is already a plaintiff in a lawsuit to litigate that question and that it is U~~vvel ~u, ~~I~ expected that the matter will be brought to trial in November. He advised the Board to disregard that portion of the objection, commenting that the Commission Room is not the proper place to address the matter, nor the proper time. Commissioner P1stor asked that the record reflect the fact that, although Mr. Varie was not using the restaurant during the period under discussion. he did not sell it until recently and, therefore, it was still his restaurant until it was sold. Mr. Passidomo concurred with the Commissioner's statement. adding that the matter was brought up only to show how little use Mr. Varie got out of the service. citing this as another factor showing how discriminatory the rates are. Utility Director Irving Berzon explained that the pertinent ordinance covering the payment of a systems development charge. not an impact fee as referred to by Mr. Varie. did not become effective until March 31, 1978 and suggested that possibly the charge of $2.900, as mentioned, was .~n assessment owed by Mr. Varie. Attorney Pickworth reiterated his opinion expressed earlier that. if there is a question over the legal liability of Mr. Varie to pay the charges, it should be settled in court. Chairman Brown commented on the fact that Mr. Varie's representa- tive had the right to present his petition before the Board; however, he said that on the advice of counsel, the matter would not be settled by the Board. Mr. Passidomo stated his respect for the Chairman's comments but observed that he was advised that he and his client could approach the Board and that such appearance would not be a waste of time. and suggested that the Board, in passing this to the court. is shunning their responsi- bility. Attorney Pickworth responded to Mr. Passfdomo by stating that one of the Board's covenants is that they will diligently collect all funds due ~ince there is a responsibility to the bondholders to do so. Further. said Attorney Pickworth, in his opinion, asking five laymen. i.e. the Commissioners. to make judgments on legal questions is taking . under themselves functions of the court. Mr. Passidomo expressed his understanding of Attorney Pickworth's explanation. BOOK 050 'AtE 97 tJOX 050 'ACE ~issioner Wimer suggested that possibly he was one of the \ , , ! r ,/ . persons who may have advised Mr. Varie to come before the Board; however, he said that, when he was approached, there was no mention of an impact fee, the $1.50 rate p~r seating unit, and the like. He said that he was told that Mr. Varie and Mr. Berzon could not agree on the bill since the restau~ant was closed and for this reason he (Commissioner Wimer) told Mr. Var1e that he had the right to appeal to the Board. Attorney Pickworth said that his advice to the Board was not to pass on the substance of the points which were raised. noting that the poi~ts ~re valid and that the case may win in court; however, he said that the place to win is in the court. Mr. Passidomo said that he understood the Board's arguments and that he is in agreement with Attorney Pickworth. WORKSHOP AGENDA MATTERS PERTAINING TO PLANNING SUBJECTS, AGENDA ITEMS 2,3, AND 4 - CONTINUED UNTIL NOVEMBER 6, 1979, FOLLOWING REGULAR SESSION In the interests of having a full Board in attendance when the Planning Department matters scheduled for the Workshop Session this date were discussed, Commissioner Wimer moved, seconded by Commissioner Archer and carried 4/0 with Commissioner Wenzel not present, that the subjects be continued until the Workshop Session of November 6, 1979, to be taken up following thp Rpg1JlIlr Session that date. It was noted that the presen- tation regarding the Seaboard Coast Line Railroad matter would be mdde, as scheduled, at 1:30 P.M. this date. CLERK REAGAN PROVIDES REPORT ON RESULTS OF AUDIT OF ACCOUNTS AND RECORDS OF FORMER CLERK OF THE CIRCUIT COURT FOR PERIOD 6/1/75 THROUGH 12/31/76 AND SUBMITS COpy OF REPORT TO BE FILED FOR THE RECORD Clerk William Reagan advised that he is in receipt of a cover letter from the Auditor General regarding the audit completed on the formE Clerk of the Circuit Court. for the period 6/1/75 through 12/31/76, wherei it is requested that the enclosed Audit Report, Report No. 8575*. be submitted to the Board of County Commissioners on view for the public to review. He read from the response to the Auditor General from Ms. Scott the following excerpt: "I was pleased to observe that the Audit disclosed that no funds were missing from the Office of the Clerk of the Circuit Court during my term." Chainman Brown asked that the Record reflect the remarks made by Mr. Reagan. October 30. 1979 There being no further business for the good of the County, the meeting was adjourned by order of the Chair - Time: 11:17 A.M. 11 11 11 Chairman Brown reopened the Board of County Commissioner Regular Session at 1:57 P.M. in order for the Board to consider taking action on the item discussed in Workshop Session this date. (Commissiofll!r Wenzel absent.) "NAPLES RAIL LINE STUDY" - ACCEPTED. RAILROAD NEGOTIATION COMMITTEE RECOMMENDATIONS ADOPTEO: AND, ALTERNATE TERMINUS SITE IN NORTH COLLIER COUNTY. NFGOTIATION COMMITTEE TO PREPARE AGREEMENT BETWEEN BCC AND SeL RE ABANDONMENT OF RAIL LINES FROM PROPOSED TERMINUS TO CITY OF NAPLES Chairman Brown asked for the wishes of the Board on the subject of the proposed abandonment of rail service to Naples without a new proposed te~inus to be located in Northern Collier County, near the Lee/Collier Line. Commfssicner Wimer had some question as to what would happen to the abandoned right-of-way along the rails from Pine Ridge Road to Immokalee Road if the S.C.L. does abandon rail service? Mr. Do~ing said that it will remain in the hands of the S.C.L., and Mr. Al Tompkins of the D.O.T. concurred. They agreed that it would probably become dVdlldble to the County for s~lc, but at this time that has nnt bppn determined. Commissioner Pistor asked if the possibility of an increas- ing need, due to gasoline shortages, for the railroad transport of needed food supplies, etc. were to arise, would not this offset the S.C.L.'s probl~ of the apparent lack of demand for the use of rail for this purpose? He also asked if this might not change the position of the S.C.L.? Mr. Downing answered negatively, pointi~g out the fact that this contingency does not seem to have sufficient magnitude to warrant the S.C.L.'s changing of their position. Hearing no further comments from the Board, Commissioner Wimer moved, seconded by Commissioner Archer and carried 4/0 with Commissioner Wenzel not present, that the Board of County Commissioners accept the report entitled "Naples Rail Line Study". commissioned by the Florida 800K . '050 'AGE 99 BOOK 05U rACE 100 October 30. 1979 Department of Transportation. and that the Board adopt the recom- mendations of the Railroad Negotiation Committee, including the adoption of the alternative site in North Collier County, the approval of the S.C.L.'s abandonment of ra1~ lines from that point southward to the City of Naples, 4nd the authorization to the Negotiating Committee to prepare a formal Agreement between Collier County and Seaboard Coast Line Railroad for same, incorporating the aforementioned terms as stipu- lated by Mr. Downing today. . . * Chairman Brown thanked all responsible parties for their respective efforts regarding this matter. and expressed his desire to see this matter continued swiftly, to its conclusion. Chairman Brown adjourned the meeting at 2:30 P.M. BOARD OF COUNTY COMMISSIONERS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL . ." ~~~ - '..