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BCC Minutes 11/13/1979 R Naples. Florida. November 13. 1979 LET IT BE REMEMBERED. ~hat the Board of County Commissioners in and for the County of Coll ier. and ill so i.lcting as the Governing Board.)\s) of such specii'1 distrkts as have been created according to law and having conducted business herein. met on this date at 9:00 A.M. in Regular Session in Building "F" of the Courthouse Complex with the following members present: CHAIRMAN: David C. Brown VICE-CHAIRMAN: Clifford Wenzel John A. Pistor C.R. "Russ" Wimer Thomas P. Archer ALSO PRESENT: William J. Reagan. Clerk (9:25 A.M.); Harold L. Hall. Chief Deputy Clerk/Fiscal Officer, Edna Brenneman and Darlene Davidson (11:10 A.M.). Deputy Clerks; C. William Norman. County Manager. Donald A. Pickworth. County Attorney; Clifford Barksdale. Public Works Administrator/Engineer. Irving Berzon. Utility Director; Raymond Dulaney. Building Director. Anthony Pires, Assistant County Attorney. Lee Layne. Planner. Dr. Danny Crew, Planning Director; Dr. Neno Spagna. Planning Consultant. Mary Morgan. Administrative Aide to the Board; and, Deputy Chief Raymond Barnett,' Sheriff's Department. BOARD OF COUNTY COMMISSIONERS FINAL AGENDA November 13, 1979 NOTICE: ALL PERSONS SPEAKING ON ANY AGENDA ITEM MUST REGISTER PRIOR TO THE ITEM BEING HEARD. RF.QUESTS 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 MINU'l:ES: October 23. 1979 5. PROCLAMATIONS AND PRESENTATIONS OF AWARDS .. "~."rf '.; ~' -.. :-~......-- . '~~'z~~..;c,~"'.';"7r'-;:,::>>i;'J7.1;/r.!. , ~ .. ". . . .., . .1'''''''''''' ..,.^.~-... .~. ;10; _. ~-.'.." '. .' , . ...ao.....1\W"~l.\.~_.;...., .' . '. . 050 1511 .'" ....~:'l:..,,'._..~.y " M~ PM:[ ~ .,.. ....~.,. ," ."t. , ~ ~".~1::t.~ /r \', . f,i..:.. / 1979 ,...,..' -:'~~H . . . MINUTES OF QCTOBER 23. 1979 - APPROVED AS CORRECTED Fiscbl Gfficer Harold Hall asked that the following corrections be made to the m:~utes of the meeting of October 23. 1979: 1. Book 049 - Page 489 Second paragraph from the bottom changed to read: "Messrs. Wil11am Vines and Tom Peek, Planner and Project Engineer, respectively representing the Petitioner, were present to respond to questions. if any, from the Board." 2. Book 049 - Page 490 Add the following sentence to third paragraph: "The motion was seconded by Conmissioner Wenzel and carried unanimously 5/0." Commissioner Pistor moved, ser.onded by Commissioner Wenzel and carried unanimously, that the minutes of the October 23. 1979 meeting be approved with the above-referenced corrections. AGENDA - APPROVED WITH ADDITIONS Commissioner Pistor moved, seconded by Commissioner Wenzel and carried unanimously, that the agenda be approved with the following additions: 1. Report on Emergency Medical Service Cost and Service Level Comparisons, November 6, 1979 (re American Ambulance) - Added under "Old Business". 2. Selection of BCC Chairman - Added under Board of County Commissioners' Report. RESOLUTION 79-168 RE PETITION CCCL-79-5C, CORAL RIDGE-COLLIER PROPERTIES, INC.. REQUESTING VARIANCE FROM CCCL ESTABLISHED BY ORDINANCE 75-19 FOR 8EACH-FRONT RECREATIONAL FACILITIES FOR PELICAN BAY DEVELOPMEtlT - ADOPTED, SUBJECT TO STIPULATIONS CONTAINED THEREIN Legal notice having been published in the Naples Daily News on October 26, 1979 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition CCCL-79-5C, as filed by Coral Ridge-Collier Properties, Inc., requesting a variance from the Coastal Construction Control Line, established by Ordinance 75-19, to permit the construction of beach-front recreational facilities for the Pelican Bay development. November 13, 1979 Dr. Neno J. Spagna, Planning Consultant, referring to Exhibit 2, as displayed. explained the detail of the proposed facility and stated thQt the requested variance iaries from 115' to approximately 170' to the most seaward portion of the facility. He added that none of the structure~, other than the ramps and boardwalks themselves, will extend beyond the vegetation line. Or. Spagna said that the granting of the variance will not cause undue damage to the environmental quality of the site on which the facilities are to be constructed and recommended that the variance be granted. It was noted that there were no persons in attendance expressing a desire to address the matter, whereupon Commissioner Wenzel moved. ser.onded by Commissioner Pistor and carried unanimously, that the p'lblic hearing be closed. Commissioner Pistor moved. seconded by Commissioner Wenzel and unanimously carried, that Resolution 79-168 pertaining to Petition CCCL-79-5C. by Coral Ridge-Collier Properties. Inc., requesting a variance from the Coastal Construction Control Line, for construction of beach-front recreational facilities, be adopted, subject to the conditions set forth therein. * * * * * 800K 050 PACE 157 .."'., , I .,.~.t . _,il'.ll.\"' ~,..l.:."" ' ".--;.;.~' JM"Afl....,: ";..;....!',. ....... '_~':;i " .:~; ./ :.:; .f;~ . ";'~:. ~', ,;'~ c._ "#l'\"'," ". . "I/' -. . : ._' .....-tt "" . I' ". . '1 ~"!"1f''.;.t~~,....t.''''. , ,,', ',",.. r " * . .1}!...~: . November 13, 1979 RESOLUTION 79-169 RE PETITION TO VACATE PART OF A PLAT OF GOLDEN GATE, UNIT 8, PART 2. BY GAC PROPERTIES. INC. AND CITY NATIONAL BANK OF MIAMI _ ADOPTED SUBJECT TO STAFF STIPULATIONS Legal notice having be~n published in the Naples Daily News on October 28, and November 6, 1979 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was held to consider the petition filed by GAC Properties, Inc. and City National Bank of Miami, requesting vacation of part of a plat of Golden Gate Unit 8. Part 2. Public Works Administrator/Engineer Clifford Barksdale staiedthat the Engineering Department has reviewed the subject pet.ition and has no Objection to the vacation with the following stipulations, as out- lined in the letter of September 14, 1979 submitted by Development Corporation of America, purchasers of the property: 1. Construct a cul-de-sac within the property at the eastern terminus of the public right-of-way of S.W. 27th Court and dedicate an easement permitting public access around the cul-de-sac. 2. Provide a golf cart crossing in the S.W. 27th Court rigHt-of- way with appropriate signs, striping. and, if necessary, . culverts. 3. Erect a sign in the right-of-way at the intersection of S.W. 27th Cuurt and S.W. 44th Street indicating that 27th Court is not a through street. I Mr. Barksdale said that letters of "No object10n" have been submitted by the utility companies and that the Chairman of the Water Management Advisory Board has reviewed the request administratively and has no objection since there will be 110 drainage impact involved. He stated that the vacation request is being recommended for approval. Commissioner Wenzel moved, seconded by Commissioner Pistor and carried unanimously, that the public hearing be closed. Commissioner Wenzel moved. seconded by Commissioner Archer and carried unanimously, that Resolution 79-169 re petition filed by GAC Properties, Inc. and City National Bank of Miami for the vacation. of a part of a plat of Golden Gate, Unit 8, Part 2. be adopted subject to the stipulations noted above. . BOOK 050 PACE16! . ..,~.w... . .....' , " ., ~ \<:,~~~ "-.' .~.:J~:,~~~ ~ ';,'\~'~' '... .', ._'~.~. ~, #";~ .-.:..,.,,~, , '.. .'" ".;"~a .,. '.j~T~~,~..;~ "~:.;-"'~'~ ~~"'\';',~:r~'..~_.. November 13. 1979 ORDINANCE 79-92 RELATING TO THE MANDATORY NUMBERING OF ALL STRUCTURES - ADOPTED. AS AMENDED Legal notice having Lden published in the Naples Daily News on October 26, 1979 as evidenced by Affidavit of Publication filed with the Clerk. public hearing was held to consider a proposed ordinance with regard to the mandatory numbering of all structures throughout the unincorporated areas of the County. Dr. Neno J. Spagna, Planning Consultant, recalled that the Board requested the staff to prepare an ordinance requiring the mandatory numbering in the manner stipulated of all principal or accessory structures in order that such structures could be identified and easily found during emergencies and also for other purposes. He said that Draft No.4, copies of which have been provided the Board, includes all of the requirements discussed during the process of preparation and is now ready for Board consideration. During the question and answer period which followed. such matters as the provision that the house numbers must be clearly visible, and the necessity for having docks similarly numbered either lighted or reflectorized were discussed. Regarding the dock-markings, Deputy Chief Barnett stressed the importance of such identjfication for public safety purposes and recommended that,numbering be required for both residences and docks. Commissioner Archer suggested that a provision be made in the ordinance to require that the numbers in the front be lighted or reflec- tori zed, as required for dock numbers, with the use of reflectorized material being preferable to requiring that they be lighted, following which he motioned that the ordinance be amended to this effect. The motion was clarified to provide that in the third paragraph of Section Seven, Paragraph A, the following verbage be added: "If not near a light source. the numbers shall be of reflective material". The motion was seconded by Commissioner Wimer. The timeframe for implementing the ordinance was deliberated with Dr. Spagna stating that the ordinance would go into effect immediately aOOK 050 PACE 163 ." . ;. ' '''"'.~I:;r~..''' ~ \ . ~. ~ " . - ." .' ....~v~;~.;,. :I.r~i~ 1:":- < " '. ,.If""... . '."', . :~':~V';""....' , . . '. ": November 13. 1979 '~&OOK 050:'PACE164, :'d;~/:~, ;'..".,.:~~~:"1'1" .' ~-""",,:. "',' _..:, .~" '''1~...' " ..... . .~J~-~.,,"-' ,'''' ;" ~ .' 1...f,". ,J.." ':;lfI,::/;,,;.~I:.;;uPOn'.'~doP,tion.. Wi,th Commissioner Wime.r;.,pointing out that there is a time \~,~~!~~'~'...j~:,~,~~~;idi:';"~"': : :;';"" ' . 't} , '1~/'" .'" pedod 'of 'ninety days for complying with the ordinance for any existing ~.~. :'t,; residences. Respondi ng to a request franl Bul1di ng Di rector Dul aney for clarifica- tion of the provisions of the ordinance relating to new construction or repairs, Dr. Spagna said that any time a building permit is required. a determination must be made to make sure that the ordinance is complied with before any final certificate of occupancy is received or electrical connection is approved. Attorney Pickworth inquired about the process of informing everyone about complying with the ordinance other than by the news media, with Commissioner Wimer stating that he has been in contact with Sheriff Rogers and it is believed that information can be circulated by way of the various Neighborhood Watch organizations. Dr. Spagna agreed with the Attorney that it might be a good idea to publish reminder notices after a certain period of time has elapsed. Mr. Ewald Stinsmuehlen. area resident, urged the adoption of the ordinance, as did Mr. Mike Zewalk, on behalf of the North Naples Civic Association. There being no other persons reqistered to speak on the subject. ~omm;ssioner ArcheI' IIIUVt!U, ~t!conded by Commissioner Pi:;tcr and carried unanimously, that the pUblic hearing be closed. Commissioner Pistor moved, seconded by Commissioner Archer. that the ordinance. as numbered and entitled below, be adopted, as amended, and entered into Ordinance Book No. 10. The .notion carried 4/1 with Commissioner Wenzel voting in opposition for the reason that, in his opinion. the ordinance infringes upon the rights of the individual. particularly with regard to the size of the numbers. the type. and the like. ORDINANCE NO. 79-.J!L AN ORDINANCE RELATING TO THE MANDA- TORY NUMBERING OF ALL STRUCTURES; STATUTORY AUTHORIZATION; FINDINGS OF FACT; STATEMENT OF INTENT AND PURPOSE; DEFINITIONS; POSTING OF OFFICIAL ADDRESS NUMBER REQUIRED; EXEMPTIONS; SPECIFICATIONS; USE OF PRESENT ADDRESS; APPLICATION FOR NEW OFFICIAL ADDRESS' NUMBER; ,COMPLIANCE RELATING TO NEW CONSTRUCTION OR BUILDING REPAIRS; APPEAL PROCEDURE; ABROGATION AND GREATER RESTRICTIONS; WARNING AND DISCLAIMER OF LIABILITY; 4. .. ~ a. November 13, 1979 COUNTY MANAGER REPORTS ON EMERGENCY MEDICAL SERVICE'COST AND SERVICE LEVEL COMPARISONS REPORT RE AHE~ICAN AMBULANCE DATED 11/6/79 - NO ACTIlIN TAKEN County Manager C. William Norman read in its entirety the memoran- dum dated November 13. 1979 pertaining to the Emergency Medical Service Cost and Service level Comparisons dated November 6, 1979 as prepared by him, with copies provided to the Board members. He noted that the Report was a draft document and that it was not his intent to make public any of the information contained therein until the appropriate persons had had an opportunity to review the information provided and to offer suggestions for its improvement. However, said Mr. Norman, continuing to read from his memorandum. a copy of the Report was obtained by t~e news media and reports of the information contained therein were published. He concluded his memorandum by apologizing to the Board, the officials and employees of American Ambulance for the premature release of infor- mation which was intended solely for negotiation purposes. Commissioner Wimer said that in reading the Report he could see several matters which he questioned, suggesting the possibility that the Report WdS misleading. causing embarrassment to both the Board and to the American Ambulance firm. Mr. Norman said, that, a~ he indicated to various persons, his staff does not consider themselves to be experts fn the medical services field. commenting that he was not inferring that the Report was bad nor totally wrong; however. he said that there are facts that need to be better presented and that there were some errors contained therein. Mr. Norman noted that he was naive in assuming that the Report could be kept confidential or at a business-like level for negotiating purposes. County Attorney Pickworth pointed out that the law governing public records clearly defines what constitutes public records and that the only exception to confidentiality is in the area of labor negotiations. COIlll11ssioner Wimer noted that he has no problem with "everything" being made public, adding that his problem was the receipt of erroneous reports from time to time. He expressed his desire to receive "good" information ...- -, &OOll 050 '~Cf 165 ... ......,-'... , '.',' <- ~. > I _t;&!O I ,.' - ..... /0. ..l:...t..... ,.., ," ...or. ....~:"',lIii':..'... , , \' -: ".~:- . . ~.~~~:~ .;.....''''''.., , .:I,......\,~\:.."'.I'; . ...~.....;.' :. j.'." 050",~ l~.i~~{" ' ".'-.'.,.. .' ;':',/j , 'MO~~ '7-~_~ti".i,.;:,.ijk~;' . ,\,.};&.,;~\, November 13, 1979 '~l;f?';;';'11~~.~~\t~,.:e,nabl-: hi'~ ~';~~k'e gOO/a~~s1ons. Hr. Nonnan responded "'lJ?~J '., ,I.h...!.:~. .".ll(1llI'*l~. ." .J, . ~O':.'f." .~ . ,., . ."f" , ....: ~J;"'", ' " ", by stating that the Report was not intended for decision purposes. I: ' There befng no further comment from the Board. Chainnan Brown thanked Mr. Nonnan for his stateml:nts. PETITION FP-79-10C, ROYAL PALM ESTATES. REQUESTING FINAL PLAT AP~ROVAL FOR REPLAT OF PORTIONS OF ROYAL PALM GOLF ESTATES UNIT ONE - APPROVED Planner Lee Layne explained that the petitioner for Petition FP-79-10C, Royal Palm Estates, is requesting Final Plat Approval for a replat of portions of Royal Palm Golf Estates Unit One" pointing out the location on the map displayed as being located off Royal Hammock Boulevard. Ms. Layne noted that the Public Works Department has reviewed the Plat for the subject property. has found it in compli- ance with the County Subdivision Regulations and said that 1t is the staff recommendation that the Board approve the Plat. Commissioner Wenzel moved that, ba~ed on the staff report that the petitions be approved, the Board approve the Final Plat for the replat I of portions of Royal Palm Golf Estates Unit One, as requested in Petition FP-79-10C. The motion was seconded by Commissioner Archer and unanimously carried. PETITION PU-78-24C, ELHANON COMBS, REQUESTING PU(4) OF tiE" DISTRICT FOR RECREATIONAL FACILITY ON TRACT 36 AND PART OF TRACT 34, UNIT 29, GOLDEN GATE ESTATES (SITE OF ABC MINI-MALL). CONTINUED FROM 11/6/79 - DENIED Attorney Brent Holleran. represented Elhanon Combs, the petitioner for Petition PU-78-24C, requesting Provisional Use (4) of the Estates Zoning District for property located in Unit 29 of Golden Gate Estates. and brought before the Board additional infonnation for their considera- tion with regard to the petition. He noted that the request for a pro- visional use had been discussed the previous week, during the Board's Regular Session, at which time the action was deferred for the purpose of resolving some requirements of the East Naples Fire Department. as set forth in their communication dated January 19. 1979. Attorney Holleran said that during the interim new cost estimates for the instal- lation of a sprinkler system. one of the subject requirements. in the existing building have been received wh.ch he said are substanti31ly lower than the original,. He said further that, although he does not agree that such system is legally required. the petitioner is willing to do so and that they are now in a position to agree with all of the requirements November 13, 1979 contained in the Staff Report with regard to the matter. Commissioner Pistor expressed his desire to have a manually.con. trolled traffic light installed by the developer at the appropriate inter. section to be used whenever affairs are scheduled at the facility with Attorney Holleran responding that it is their intent to secure the services of an off.duty police officer to direct traffic whenever there is an anticipated attendance of 25% or more of the seating capacity. It was brought to the Board's attention by Deputy Chief Barnett of the Sheriff's Department that Deputy Sheriffs are not allowed to work off-duty unless the function serves the entire community. observing that the problem is that the Sheriff's Department is the only law enforcement agency within the particular area with jurisdiction. other than the State Highway Patrol. Commissioner Wimer offered the suggestion that it be stipulated that a traffic light be installed when determined necessary by the Traffic Engineer. Commissioner Wimer recalled the concern expressed by neighborhood residents over the possibility of the owners taking out food and/or beverage licenses in the future. Assistant County Attorney Pires pointed out that there is a stipulation contained in Appendix A of the resolution draft, in the event the provisional use is granted, that the grant of a provisional use will automatically terminate and expire if. at any time. the petitioner or his agent engages in or attempts to engage in or auth. orizes either the serving of food or the sale or dispensation of any type of alcoholic beverages. Attorney Holleran reiterated his statement during the previous hearing that there is no intention of serving or applying for a license to serve alcoholic beverages and, if the prohibi- tion is limited to alcoholic beverages, that would be agreeable; however, he said that the petitioner would like to be able to sell recreational- type food such as popcorn, and the like. Among the comments made by County Attorney Pickworth, in response to the matter. was that a decision on the tenn "recreational use" should be made in the zoning ordinance and that the aspects of food and beverage sales could be addressed at that point. ". .... ". "al" .~' . I ""~" . ..;..,.;.c. .,.'i~~~:~_,:;;,:f' '~,.'i&i>"" ,. ... ',.' i_'~ '-.''', . ",..,\,.." . '......... '.. <10"' BOOK 050 PACE 167>,,~ . ' .I!. '.' -, ." ',' . - . ." .,'. .,. "r , ;..:,&oo~:',P, 5, Q".E!,l,~~a-=,"!',W:Nif,~~~~~::'..;,. '"'\"{~~,"" November 13. 1979 "r'W.~" ..,..."'-i4'I'l"'.,'?~~; '...,' ..,..itf'. ".I?: 'U..f' .: ~'!"" ' . .' "~:7-~:' . ':'" ....Jurther.,,;~a i cL~"t,torney Pi ck~orth. ev~~;; ~hough thepeti t i oner is agreeable :'~~\:,.' c:.!M.'-*;"H...:......M",.., .. / ,r~;'. . to certain'stipulations. a future owner. may not be which could cause a problem in that he might not feel bound by such restriction. Attorney Holleran said that he would be a9ret'able to excluding alcoholic beverages if package foods and soft drinks were to be permitted. Mr. Ricardo Campana, representing the Grace Bible Church located in the vicinity of the building under discussion, requested that addition~l information be forthcoming about the proposed use of the building, includ- ing a more specific definition of the term "recreation". He also questioned whether or not there would be sufficient parking available for the projected capacity of 1,875 persons, and also questioned whether or not the cost factor of bringing the facility into compliance with the fire and occupational regulations of the County would not be prohibitive. as in the case of a previous petitioner. Chief James Billman, East Naples F~re Department. addre~sed the requirements regarding ~ire protection. and stated that they are the , same for the present proposed use as they were for the previous petitioner and that they remain consistent. Referring to Attorney Holleran's state- ment. allegedly made the previous week, and during the present session that he was being required to do something which is not legal, Chief Billman said that there is basis in the law for all of the requirements. Attorney Holleran reiterated his intention to comply with the law. Mr. David Hiner. 68th Street, S.W. resident. urged the Board not to perr,it an expansion of the facility due to the fact that the property has received little, if any, maintenance during the past four years and questioned whether or not there will be any improvement if the petition is granted. The speaker was shown an artist's rendering of the proposed alterations and improvements to the building with Commissioner Wenzel suggesting that the petitioner would not let the costs of s'!ch improve- ments "go down the drain". Speaking in opposition to t~e petition. also. was Robert Johnson, area resident, among his reascnsbeing that when Golden Gate Parkway is dual-laned, the building will be setting on the road. Another opponent, I \ \ November 13, 1979 and adjacent property owner. was T. Allen Langston who expressed co~~ern about the farility being permitted in a residential neighborhood and the subseque~t lowering of property values therefo~ Attorney Robert E. Doyle, Jr., nearby resident speaking on behalf of himself, provided the Board with several reasons why, in his opinion. the pro- visional use should be denied, among them the fact that the CAPC has established that the facility will not be compatible with the neighbor- hood and that their findings should be accepted by the Board; that, rather than a provisional use request, the petitioner is in essence asking for a zoning change, pointing out the fact that the proposed use for the building is not recreational in scope. as permitted as a provisional use in the Estates Zoning District; and, further, that the operation will almost assuredly fail, citing his reasons for the pre" diction. I; Mr. Kermit Bunn, neighborhood resident. opposed the granting of the provisional use suggesting that the proposal will not improve their community and offered the further suggestion that 1-75 serve as a nat- ural barrier for highway frontage commercial zoning, leaving the 1-75 right-of-way west "Estates", which would satisfy the majority of the , I: , I residents and property owners. It was noted for the record that a letter dated November 7, 1979 in support of the petition wa~ received from Rev. Walter Lauster, Presi- dent of the Rotary Club of Naples. wherein it is stated that the organiza- tion is of the opinion that the concert hall project being proposed will be an important asset to the people of Col1 ier County. Attorney Pires reviewed the stipulations imposed, in the event the petition is granted, suggesting that additional language be included which would make the stipulation regarding drainage stronger pertaining to new additions or alterations to the existing structure, that clarifi- cation as to the kind or type of food allowed to be served should be stipulated; and that in the resolution language has been inserted to the '~~ , :_'.,o'.~IS;~r-~-:;.; ".' . ", ..~:. /\;. ... ." ,....;,i!. .;;t.,,'.~' . :~.;.;.,' , ,- ~ ",' 1_- "y . . . ._:4 :.. _. 800K 050 PACE 169 K.U_U rA~~.~," i~",.'" . ','... "'J;.., 11l~ ' , ~ ,.' . ."".: "~/..' .:.': November 13. 1979 ~ '~'l\~' . :' '. . J'\ :'effect that the'Board finds that the requested use would constitute a , ;'.~'!t~M:!~i:''''I;''':''' .__'1, . ,,'.. 'recreational facility under the provisional use. Regarding the latter point. Attorney Pires said that the Board would have to make a decision to over-rule or uphold the der.ision by the previous Zoning Director that the intended use does not constitute a recreational facility, noting that the Board has the authority to decide that it does and that it would come under the purview of an allowable provisional use. Many other points were addressed during the discussion which followed which included a reiteration by Planner Lee Layne that the staff and the Coastal Area Planning Commission recommend denial of the provisional use requested. Commissioner Archer. recalling that when the property was rezoned to Estates zoning in 1974, it w~s deter- mined that the use of the subject was non-conforming and that the regulations state that non-conforming uses will not be enhanced. A further matter which Commissioner Archer said he does not understand is the formula for determining the parking spaces to be provided. noting , that in the case in question the requirement is one space for every three seats, whereas for churches it is one space for every two seats. He questioned the reasoning behind such ratio. Ms. Layne said that she 'has reviewed the matter of parking in the present zoning ordinance in relation to the national standards, and that is what was used. com- menting that she could not provide the reasoning for one being greater than the other. Planning Director Crew voiced the opinion that if the provisional use is granted a precedent for recreational uses in the Estates District will be set. Further, said Dr. Crew. although the goal for upgrading the run-down building is worthy, in his opinion the proposal is not the avenue to take in order to correct the problem. He said the issue of whether the facility is legal and compatible with the neighborhood must be addressed. Responding to Commissioner Wenzel as to whether a shopping center or a rebuilt theater would be preferred, Dr. Crew stated that he does not believe that the proposed use would be a legal use and that there are other uses which could be used legally which would also require the upgrading of tbe.build1ng. November 13. 1979 The petitioner, Elhanon Combs. stated that he has been trying for the last eighteen months to do something with the subject buil~ing to make it presentable and satisfactory for the people re~iding in the surrounding area. He said that it is his understanding that he can use the building for the purpose for which it was built and that if that is what the com- munity wants. he would be glad to do so if he would be permitted to upgrade the building. Among the uses of the building in the past, said Mr. Combs. was for a restaurant, entertainment. and a flea market. It was noted that there are legal problems to be solved, with Attorney Pires stating that the Board has to rule on the aforementioned decision regarding recreational facilities, and that the Board must have additional facts presented, other than those presented at the CAPC hearing. in order to come up with a different ruling than that recommended by the CAPC. Ms. Layne reviewed the matters considered by the CAPC in their recommendation for denial and said that there has been no additional information forthcoming during the Board meetings regarding the petition. Attorney Holleran brought to the Board's attention that the information he received was that the CAPC was advised that the property had to be con~dered as though there was nc structure on it at all and, said Attor- ney Holleran, "they immediately had to change their. mit'lds and then they were confused and they denied it". . At this point. Commissioner Archer asked trat the petition be continued due to this additional statement by Attorney Holleran. Mr. Lou Capek, CAPC member. stated that he does not remember the statement being made that the CAPC was asked to consider the matter as though it was an empty lot, in response to a query from Commis- sioner Pistor. Mr. Capek reviewed briefly the presentation which was made at the CAPC hearing and why, in his opinion. the recommendation was unanimous for denial. The matter of defining the words "recreational facil ity" WdS again brought up for discussion, with Commissioner Wenzel suggesting that action on the petition be deferred until an addendum to the current ordinance can be prepared to clarify the definition. A further suggestion was made by Attorney PirJs t~at the proposed resolution include a statement that the Board finds that the proposal does constitute a recreational facility > . j ,"-I.. which he said could alleviate:.som~".~f,~~~.'~~;~.~~ under dis~,~~:~.~~.~t,'~~~l'~'; -,"_:'?;~: ~ . >. ,".A- -'. ' '_....~..,., ';1Iin~ J.f\a.t . ' nl:n .....,.r ." ,'.."'..,..\,~. '. ,,~.,: .;~. . , ',,~,'ro, o~ ,050",",...,1 n,~~~,~w,~,,;~>,";~'~':;\~'~;~" '., ,~\~~i.;~;, ,.'" ' November 13 1979 '.','.1l,.": ..,.,"." ,:l:.":n~..""'~' ,I~~,/'j~:\, :'. ' f,~,,~';~l,~.::;~,t'l " 't.c.... ,"l;>;;,it .~~),.. . . , ~ " .\\Vi " ""':" .' ".':;' l:,';~:<~~.i1~~r.~as' spe'nt i~ d1SCUS.stry~.the provisions of Section 26 of thezonin~':ordinance with regard to the Recreational/Open Space District, including the allowable provisional uses, all of which was read by Attorney Holleran, following which Commissioner Pistor moved that Petition PU-78-24C, By Elhanon Combs, requesting PU(4) of the Estates District for a recreational facility on Tract 36 and part of Tract 34, Unit 29. Golden Gate Estates, be denied. The motion was seconded by Commissioner Archer and carried 4/1 with Chairman Brown opposed. follow- ing a roll call vote on the motion. Commissioner Wimer expressed his dislike for voting against the petition stating that he would like to see a center like the one being proposed; however. he said that there were too many problems unsolved at the present time. Commissioner Wenzel voiced agreement with Com- missioner Wimer's statement, noting that the matter, in his opinion, could be resolved if the issue was postponed until such time as the problems could be solved. Chairman Brown stated that he was noting "No" , on the motion because he would like to see the "urban decay" removed. He also stated that. in his opinion. there was confusion in the arguments presented and in the interpretations expressed. * * * RECESS: 10:50 A.M. until 11:10 A.M. at which time Deputy Clerk Brenneman was replaced by Deputy Clerk Davidson. * * * ORDINANCE 79-93 CORRECTING BUILDING CODE REGARDING FIRE DISTRICT-EMERGENCY DECLARED AND ORDINANCE ADOPTED County Menager C. William Norman explained that the proposed Ordinance will correct the County Building Code Ordinance No. 76-93 so that it will conform to the County Zoning Ordinance. He said that during the course of reviewing Ordinance 76-93, it was discovered that there are se1feral pro- visions incorrect and not consistent with the actual practice and current designations of the Zoning Ordinance. He pointed out that these correc- tions would not change the current enforcement practices of the County November 13, 1979 Building Inspection Department; instead they will remove ambiguities and typographical errors. and provide flexibilities of design practices for the cor.~truction industry, as is intended by the Southern Standard Building Code currently in use by Collier County. Commissioner Archer moved to declare a state of Emergency. The motion was seconded by Commissioner Archer and carried with a unanimous 5/0 vote. Commissioner Wenzel moved, seconded by Commissioner Archer and carried un~nimously 5/0, that Ordinance 79-93. as entitled below, be adopted and entered into ORDINANCE Book No. 10. ORDINANCE NO. 79-~ AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 76-68 THE COLLIER COUNTY BUILDING CODE BY AMENDING SSCTION (2) OF SAID ORDINANCE AS IT RELATES TO THE ESTABLISHMENT OF A FIRE DISTRICT IN COLLIER COUNTY AND AS IT REL!~TES TO SPECIAL PROVISIONS FOR HIGH RISE BUILD- INGS BY AMENDING SECTION (G) OF SECTION (2) OF ORDINANCE 76-68 JU~ SUBSTITUTING NEW lJU~GUAGE THEREFOR; MiD BY AMENDING SECTIONS (H) AND (J) BY CHANGING THE TYPE OF BUILDING COVERED IN SAID SECTIONS FROM HIGH RISE GROUP "A" OCCUPMICY TO HIGH RISE GROUP "R" OCCUPANCY; DECLARING AN EMERGENCY AND PRO- VIDING AN EFFECTIVE DATE. UIILITY DIRECTOR BERZON ANNOUNCED rUDLIC IMFO~ATIOM MEETING RE EAST NAPLES SEWER PROJECT FOR NOVEMBER 19, 1979 AT 7:30 P.M. Utility Director Irving Berzon announced that there is to be a Public Information Meeting re East Naples Sewer Project on November 19. 1979. at 7:30 P.M.. He said that there will be a question and answer fact sheet made available to the public at that time. He added that prior to the meeting. the media would be furnished with copies of same. in order to promote the availability of pertinent information to the concerned residents of East Naples. PRESENTATION OF PROJECTED WATER AND LAND USE FOR COLLIER COUNTY BY STAFF OF SOUTH FLORIDA WATER MANAGEMENT DISTRICT Mr. Stanley Hole, a member of the Governing Board of the S.F.W.M.D.. explained that the presentation will cover the S.F.W.M.D.'s predicted land use for Collier County and the resulting projected water use plan. &ODK 050 ,reE 173 . :;:..'.lOO,~,;'". U,' ,=>,,; ~O!I~~~\~,-'" , .. .... .:'{.~ ". ..' . . "1' ~, . November 13. 1979 '~~"'''l/'''~~r-~:r....",;.lr''''\ '.. ,,'" '. ..( ,,' J~~:~1'~~iE1t:\h>~t th~'P!esentation' is bei~~: ~irected to the Board of County .<, '. Coomissioners because he felt 1t appropriate that the governing body that will be making decisions relating to such matters should have the opportunity to consider the findings of the S.F.W.M.D.'s study. He referred to the close working relationship between the County's Planning and Agriculture Departments and the S.F.W.M.D. and noted that this rela- tionship was instrumental in completing the study to be presented today. He concluded by saying that this study was mandated by the 1972 Water and Land Resource Management Act, and the Water Management Districts were delegated this responsibility by the Department of Environmental Regula- tion. Mr. Hole also we1comed Hr. Fred Vidzes. Administrator of the Big Cypress Basin Board, and introduced Mr. Stan Winn. the Deputy Director of Resource Planning for the S.F.W.M.D.. and turned the program over to him. Mr. Winn reviewed the working relationship between the County and the S.F.W.M.D. and said that although they had worked very closely. the pro- jected growth study, co~ering land use and water resource planning, was that of the S.F.W.M.D., and it differed somewhat with the projections of the County, as planned for when ~evelop1ng the Comprehens1ve Plan. He said that two main areas were covered when making the study, and those are "population growth" and "future agriculture growth". He noted that these determine the future water use of Collier County and he also noted that industrial/commercial water use projections are relatively low. therefore, they only play u small part in developing the future water needs of Collier County. Hr. Winn presented slides showing various graphs. etc. and covered the major areas of projected water use needs, based upon the aforementioned growth projections. The following conclusions were made by Hr. Winn during the slide presentation: 1. Population and agricultural growth figures are within 2% of those of the County's Comprehensive Plan. 2. There is a projected 30% increase in water use for Collier County over the next twenty ye~rs. 3. The bulk of the projected water use will come from an increase in population rather than a growth in agricultural uses; agricultural land use is projected as remaining very close to what it is today. in terms of acreage used for agriculturalepurposes and related water uses. November 13. 1979 The presentation also covered various water supply alternatives; the different levels of water resource planning considered by the S.F.W.M.D.; projected H.G.D.'s for Coll ;er t;ounl:yj requirements for Cor.sumptive Water Permits; and the projected needs to be considered for the future required water resources of Collier County. Mr. Winn clarified that the S.F.W.M.D.'s intent is to supply their findings, for the Board's consideration, when making future decisions and does not recommend land use. He supplied the Board with copies of the Water Use and Supply Development Plan, and said that next month a backup document which covers all the technical study work, by County, called Volumn 3-C of the S.F.W.M.D.'s Water Use Plan, will be provided to the Board. During a question and answer period the following were addressed by Mr. Wino: 1. Commissioner Wenzel asked if the S.F.W.H.D. made any con- tributions to the various County Committees. i.e. Golden Gate Estates Study Committee. relating to the determination of the recommendations of said committets? Mr. Winn replied affirmatively, that the S.F.W.H.D. provides information and input to all such committees. as well as coordinating with all County DeparOnents that contact them. 2. Chairman Brown asked what assistance the County could get from the S.F.W.M.D. in keeping the Comprehensive Plan up to date? Mr. Winn said that the S.F.W.M.D. has the capability of providing land. water and other use water resource informa- tion. He said it was t~eir intention to use this computerized infonmation to serve the County's needs. whenever it is requested. This information is updated on a continual basis. 3. Chairman Brown questioned the wide range of future agricultural water use, as presented. Mr. Winn answered that the wide range in figures are a result of the different needs the farmer will have according to the amount of rainfall, keeping in mind that this water use is prJjected as one of supplemental irrigation. 4. Chainman Brown asked how the working relationship and coordina- tion between the County and the District might be improved! Mr. Winn answered that he felt the level of cooperation between the two is very high now; however. it could be improved through the addition of more time, in terms of people and dollars into making sure that the various levels of the County's plan are incorporated in the S.F.W.M.D.'s planning and vice versa. He added that at this time. the District has only one person hand- ling this type of work for all the Counties within the District. and he felt that there should be two or three. He concluded his reply saying that it is his feeling that planning needs a higher "priority". and should encompass a coordination with the individual Counties. . aOOK 050 PACE 175~. \..~' . I'.:, '" . ~'(,,' :'~J~..~:.:.. . ~: ~l;*~ :'1:' :#~.h{~;r~,' '.1.-,>;:t:~.' 3~ .,.....~....:)f.._.. 'b. .~_7 i.o'riK':;050~;~~, 78 ~mi:i', '. , : ,;~', ':'f!.{r,{,{~',' November 13, 1979 , 1>, ~ . ' ~<9~'. j')" :f' .,.. '. .' :.1 'VIi,,,,t .;..; -< ' ~,,'Ir .5'~..; !~1~~1'on~r Wimer,;asked' hOw;~i~oSelythe County's Comprehen- . i' \~~..i:,:~::,\:-Jo f~r~'<:.:;:...:sive Plan and the District'.s:.Water Use Plan parallel? Mr. :.W(".. . '" \.",~\,,~ Winn answered that as far uland use is concerned. there has (,,:,:.," been close coordination with the County's staff and that the I projections of water availability, by the District, have been closely coordi~!te~ with the County and are extremely close to those of the Comprehersive Plan. ConInissioner Wimer stated that water is the lllife blood" of Collier County and all the County's future land use must be predicated upon the availability of water resources. He asked if the County could call upon the District for "input" regarding availability of water resources relat- ing to future rezone petitions and the like? Mr. Winn replied that at this time, the District did not provide this service to Collier, but it is provided for all the Counties on the East Coast of the District. He went on to explain the S.F.W.M.D.'s rezoning process. and said that if the County were to reque!-t this service, it would be provided, free of charge to the County. He added that a complete detailed report of this service might be beneficial to the County. and could be presented at a later date. Commissioner Wimer concurred. Chairman Brown thanked the South Florida Water Management District for making the presentation and said that it informative and helpful. He added that it was the County's intent to become more closely inter- related in the "Planning" aspects of Collier County with the S.F.W.M.D. Mr. Stanley Hole thanked the Board and reiterated the close working relationship of the County and the District in the past and concurred with Chairman Brown's observations. He also re-emphasized the fact that actual land use decisions are to be made by local level Officials, rather than being part of a Regional responsibility and that the District will try to respond to those decisions by trying to provide the water for same. ROUTINE BILLS-AUTHORIZED FOR PAYMENT Commissioner Wenzel moved. seconded by Commissioner Pistor and unanimously carried 5/0. that the bills be approved as witnessed by the following warrants issued from November 7, 1979 through November 13. 1979. same having been processed following established procedures, with funds avail ab 1 e: FUND Road & Bridge Systems Development Clearing BCC Payroll County Warrants ~NT NOS. 3 7 5613-6058 1311-1591 November 13, 1979 BUDGET AMENDMENT NO. 80-9 TRANSFERRING FUNDS WITHIN, THE WATER MANAGEMENT BUDGET TO PERMIT MORE DETAILED ACCOUNTING-APPROVED IN THE AMOUNT OF !!Lisa.ooo . Fiscal Officer Harold Hall explained that the Budget Amendment is a rearrangement of funds within the Water Management budget. Its purpose is to facilitate the identification of specific project areas that have been discussed several times in previous budgeting and expendfture reporting, he said. Commissioner Wenzel asked Clerk Reagan if the proposed budget amend- ment was an accounting recommendation made in the past? Clerk Reagan answered affirmatively. Mr. Hall concurred, saying that this has been done through the Water Management Committee. Mr. Barksdale. and the County Manager. Commissioner Wenzel moved for approval of the transfer of $1,460,000. within the Water Management budget, pursuant to staff recommendation. Commissioner Archer seconded the motion and it was carried with a unanimous vote of 5/0. * * * * * * * BOOK 050 PACE 177 ... * , . :, . , "4 * ..' .. ~." ~;':A .'......I-..aI.'..""" ",.""''''''''''' '... -.,'..,, I,.... .:!~,.". u".' '. ,... !:j," ~ 'J ..:~;'. ~ .'4~ .. ,;,'1'I"\~. ...~t.\,~:-.. ..~ ., November 13, 1979 COST ALLOCATION PLAN FOR CETA GRANTS COVERING PERIOD FROM OCTOBER I, 1978 THROUGH SEPTEMBER 30, 1979 AND INVOICE FOR $26,098.47 RE CETA ADMItIISTRA- TIVE co~rs - APPROVED Mr. Hall, Fiscal Officer, explained that he recommended the approval of the Administrative Cost Allocation ~lan for C.E.T.A. along with the transmittal of an invoice in the amount of $26.098.47 covering the admin- istrative costs incurred by the Board of County Commissioners while operating as a C.E.T.A. Program Agent for FY 1978-79. He noted that the invoice will be sent to C.E.T.A. immediately upon approval. Mr. Hall said that the cost allocation plan had been developed in accordance with the Federal Management Circular No. 74-4 and H.E.W. Brochure No. OSC-I0 in the same manner as has been done in the past two years. He concluded that there is no anticipated question of acceptance by C,E.T.A. Commissioner Wenzel asked Mr. Hall if he had audited the Cost Alloca- tion Plan and Mr. Hall answered affirmatively. Commissioner Wenzel moved, seconded by Commissioner Pistor and carried unanimously 5/0. that the Cost Allocation Plan for CETA Grants and the resulting invoice in the amount of $25,098.47 for administrative costs incurred by the Board of County Commissioners re C,[,T.A, Program Agent Operation for FY 1978-79 be ~rrrov~rl. COMMISSIONER WENZEL ELECTED AS CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS AND COMMISSIONER ARCHER ELECTED AS VICE-CHAIRMAN - BOTH FOR A TERM OF ONE YEAR Chairman Brown turned the gavel over to Clerk William Reagan to preside over the election of a new Chairman. Mr. Reagan took nominations from the Board. Commissioner Archer said that he understood the procedure that had been adopted by the Board about six months previous was one of a rotation system. He added that at that time it was decided by the Board to extend the te~ of office from - six months to one year. He said that for this reason he moved that Mr. Wenzel, the present Vice-Chainman, be elected as Chairman of the Board, for the up-coming year. Commissioner Pistor seconded the motion. Clerk Reagan said that he had discussed the statement made regarding the rotation ,Of Commissioners for the seat of Chairman with Mr. ~ickworth~ at the time when Commissioner Brown toolt- the seat_,'~,.~. ~hai"""''';',nlli'''' H~ ,a..~k,~d" ,. Mr. Pickworth if this procedure was accePtable1.,h~'r.'..: ~:..,~ ~;.t , 'n""n "'1 tW't.., .,_(,'f,,",,,~,. .-- ........." ~ "'I"~ 1'-' ", , ' ",-,-". .a.;...1~ ~~. ~".;;;._--=--==_;.~l... ". i:4l ~-~ . -' '-"- .,~.- _._- ........ -...~... ...~~~, .--~_.. 11----..._ -~.... i" is entirely within the Board's discretion. Commissioner Wimer said that he was under the impression that the Board had done away with the rotation basis of Chairman selection and asked for clarification. Commissioner Brown asked for a vote, and Clerk Reagan called for the question on Commissioner Archer's motion to seat Commissioner Wenzel as Chairman. Motion carried unanimously 5/0. Clerk Reagan asked for the Board's wishes regarding the selection of a Vice-Chairman. Commissioner Pistor moved, seconded by Commissioner Wenze and carried unanimously 5/0. that Commissioner Archer be elected as Vice- Chairman of the Board of County Commissioners. ." ." ." * Chairman Brown turned over the gavel to Vice-Chairman Wenzel and left the meeting at 11:35 A.M. Vice-Chairman Wenzel presided over the balance of the meeting. ." ." ." CERTIFICATES FOR CORRECTION RE 1979 TANGIBLE PERSONAL PROPERTY TAX ROLL- APPROVED FOR CHAIRMAN'S SIGNATURE ., Commissioner Archer moved, seconded by Commissioner Pistor and carried 4/0, Chainman Brown absent, that the following Certificates for Correction on the Tax Rolls be approved and that the Chairman be authorized to sign same: NOS. DATED 1979 Tangible Personal Property 1979 Tangible Personal Property 1979 Tangible Personal Property 1979 Tangible Personal Property 1979 Tangible Personal Property 1979 Tangible Personal Property 12 through 15 November 6. 1979 16 through 20 November 7, 1979 21 through l2 November 8. 1979 23 through 45 November 9, 1979 46 through 57 November 12. 1979 58 through 59 November 13, 1979 November 13, 1979 BOARD DIRECTS HATTER OF DOCK PERMIT/VANDERBILT LAGOON RE PETITION A-79-5C BE HEARD AT NOVEMBER 20. )979 Bce MEETING F0q CLARIFICATION Administrative Aide to the Board Mary ~~rgan explained that a letter dated November 12, 1979 from the V3nderbilt Beach Property Owners Associa- tion had been received by the Board requesting the Board's clarification of the approved length of a boat dock. She noted that on 8/14/79 the Board considered Petition A-79-5C and subsequently approved the length of the dock in question to be 75 feet. There seems to be question as to whether this 75 feet is to be inclusive of the dock and the mooring pilings or just the dock itself with the mooring pilings to extend another 24 feet into the waterway. said Ms. Horgan. She requested that the Board hear the matter at the next Regular Meeting. Commissioner Archer so moved, seconded by Commissioner Pistor and carried unanimously 4/0, Chairman Brown absent. that the matter of clarifying the intent of the Board regarding the length of the boat dock approved by the Board re Petition A-79-5C. on 8/14/79 shall be heard on November ,J. 1979. Vice-Chairman Wenzel asked if the minutes of the 8/14/79 meeting would clarify the matter and Ms Morgan said that they do not. Mr. Pickworth noted that he had read the aforementioned letter and he said that he did not think the Board ever specified clearly on the inclusions of the approved 75 feet for the dock in question. Vice-Chainman Wenzel said that as he remembered it, the motion was made that the petitioner be allowed to have a structure that goes out 75 feet. "I made the motion"., said he. He continued, "If it is not attached to the structure, it is not part of the structure. How can you go out further than that?" Commissioner Archer clarified that the motion was made that if a sea- wall was permitted there was to be allowed 50 feet. if riprap was to be used then the petitioner was to be allowed 75 feet. He said that there was no mention made of what the out-pilings would be. He added that at that time Mr. Dane chose to change the original 12 feet to 24 feet. which brings the total length to some 99 feet out into the water. He said the pilings were changed after the hearing and that change resulted in Mr. Dane obtaining some . . ." '-~ ';'" ,.~-'-: ,:.~~Iot\\~(' 'I' ,,'t., ~~~.~... 5 feet less than he had wanted originally. .: ,; '~<'':: ~';:ir,'~:;.'., . " ;~:. .':;t:;r ::.,' l' ...,\.."I-'~~~, '" ...~",. ..1.,\..-, "fI1'. ~. . :..;~;:::.~~.. ;,'~ ~~.. .....~~."s]_ ". ".. .. ......lI , 'I' f ..,A '-.. . &001'. UClU, fAGl ~U",,:. . ' ..;),:~"':'.... "\',;*,~r' :0';,', ' ~"";"V:t..." '~~.. ',v.(' November 13, 1979 . '~"~~~i\t~-:,It~*~{';'!'"' . ," '-' , ;{~P:'.";~'~:{i:":~~~s'i~.n~r w~nze' asked Mr. Pickworth how one might consider , ....ll;~:'I .,...'.. .~}t...f!-I.. t.'.. -'.l .' ",~.t' " pil1nis 'stuck' out away from the structure as part of the structure? Mr. Pickworth said that Mr. Dane originally requested approval for a 92 foot dock with a 12 foot pil ing beyond that. County Manager Norman stated that it was staff's interpretation that the Board approved a 75 foot dock structure and that the pilings would be allowed 12 feet further out. He said that if this interpretation was incorrect, then he requested the Board to clarify their intent on the matter. Mr. Pickworth concurred. Commissioner Wimer concurred with staff's interpretation of the Board action. Commissioner Archer said that when he voted on the issue of the dock , length he was voting on the total feet out into the water, inclusive of all/any pilings, etc.. no more than 50 feet if a seawall was used, no more than 75 feet if riprap was used. He clarified his statement by saying that his intent was that the total feet approved would refer to any structure or combination of struc~ures, that would protrude out into the water. Ms. Morgan said'that the concerned parties from both sides will be notified of the hearing on 11/20/79 and Mr. Pickworth requested that transcripts of the meeting of 8/14/79 be circulated among the Board members prior to the hearing. CHAIRMAN AUTHORIZED TO SIGN CONTRACT RE WORKMEN'S COMPENSATION COVERAGE FOR JUVENILES HAVING BEEN MADE THE RESPONSIBILITY OF THE DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES THROUGH CIRCUIT COURT OF COLLIER COWlTY Ms. Morgan explained that the Board is requested to authorize the Chairman to sign the contract prepared by the Department of Health and Rehabilitative Services re Workmen's Compensation Coverage of Juveniles having been referred to the Community Betterment Program by the Juvenile Division of the Circuit Court of Collier County. County Attorney Pickworth verified that he has reviewed the contract and finds no difficulty with the executive of same. Commissioner Archer. seconded by Commissioner Pistor and carried unanimously 4/0, with Chairman Brown absent. that the Chairman be authorized to sign the aforementioned contract with the Department of Health and Rehabilitative Services. , ;r~ &P~~~';,Q~~O :;~~ ~~~~&{,. , ': f~ \ l(.1.1~~ ~~~:1'? . .' ~\, F .;""C~.I ~'\.'\~ ':"'" 1, I,' "",,:,i. ,... , .~}\ 4.. . ... ." .r "" '. BOARD'APPROVES'HELJCOPTER USE BY'CENTRAL MALL MERCHANTS ASSN. RE DELIVERY OF SANTA CLAUS FOR'11/23/79. November 13. 1979 ?' M~. Morgan referred to a letter. dated November 8, 1979, from the Central Mall Merchants Assn. requesting the use of the County Helicopter on November 23, 1979 to deliver Santa Claus. Vice-Chairman Wenzel questiolled the use of a governmental vehicle for a private individual. Ms. Morgan said that the letter indicated that the use was to be by a non-profit organization. Commissioner Archer said that the County has done this in the past with no problems. Attorney Pickworth said he believed the County's insurance would be valid in such a case. Commissioner Wimer moved for approval of said helicopter use by the Central Mall Merchants Association. The motion was seconded by Commissioner Archer and carried unanimously 4/0, with Chairman Brown absent. GAIN TIME FOR INMATE A-14587 APPROVED FOR 30 DAYS Commissioner Archer moved that pursuant to Flor:rla Statute 951.21 . and County Ordinance'76-24, and as recommended by the Sheriff, extra gain time of 30 days be approved for inmate A-14587, thereby making the date of release 11/21/79. Commissioner Wimer seconded the motion and it was carried unanimously 4/0 with Chairman Brown absent. GAIN TIME FOR INMATE WSN79-5-9 APPROVED FOR 7 DAYS Commissioner Archer moved that pursuant to County Ordinance 76-24, and as reconmended by Warden ! 's ter. extra gain time of 7 days be approved for inmate WS #79-5-9, thereby making the date of release 11/14/79. Commissioner Wimer seconded the motion and it was carried unanimously 4/0 with Chairman Brown absent. LAKE TRAFFORD MEMORIAL GARDENS CERTIFICATE DEED NO. 197 - RECORDED AND FILED FOR THE RECORD Pursuant to action of the Board January 10, 1978 wherein the Chairman was authorized to sign various deeds to lake Trafford Memorial Gardens cemetery lots as the need arises, the following Deed No. 197 was recorded and filed for the record: .1"-,,,1 November 13. 1979 f.. , H/~~: .-',.,,i . ,'llr; Engineers regarding the f~usibility study on small boat navigation improvements at Wiggins Pass. She added that they have scheduled a public hearing for 7:00 P.M. on Tuesday, December 4. 1979 at the Board's Chambers. She said that the ~stimated cost to implement such a plan is $537.000 of which $275,000 would be the County's share and that construc- tion would be scheduled to begin late FY 1981 or early FY 1982. Vice-Chairman Wenzel stated that in relation to the above-mentioned study, he has noticed that in the Naples Bay Study Committee's report. a statement was included that clearly defined the responsibility of the maintenance of the canals within the City. i.e. Point Royal, Royal Harbor and Aqualane Shores, as one of the property owners and users only, rather than the maintenance being a responsibility of the Government. Commis- sioner Archer said. "Every body uses those canals; they are part of the canal system; and that is not private water." Commissioner Wimer requested that the staff be directed to prepare the proper cost estimate and alternative funding possibilities for the pro- posed Wiggins Pass Navigation Improvements. so that the County will be prepared when the matter comes to the Board. Commissioner Pistor said that due to the fact that this project would not be scheduled for possibly two years, perhaps the study requested is premature. He further stated that there is the possibility that the figure of $275.000 may not be valid at that time. Vice-Chairman Wenzel directed Staff to prepare the most accurate study of cost and alternative funding possible so that the Board will have the facts and figures when the matter comes before them. MISCELLANEOUS COnRESPONDENCE - 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. Memorandum dated November 8. 1979 from Donald Pickworth, County Attorney, re Amendment to Zoning Ordinance, responding to Board's question as to the requirement that amendments to the Zoning Ordinance require a 4/5 vote. - Filed. November 13. 1979 WORKSHOP SESSION RE REVIEW OF PARKS & RECREATION PLAN, DEFERRED TO 11/20/79 . County Manager Norman related that he has been informed that some members of the Parks & Recreation Advisory Board cannot be present today for the presentation of the Parks and Recreation Plan. He said that in light of this and due to the length of today's meeting, perhaps the workshop scheduled today for this purpose could be defer- red until next week. It was the consensus of the Board that the Workshop meeting scheduled for today be deferred to 11/20/79. There being no further business for the good of the County, the meeting was adjourned by order of the Vice-Chairman - Time: 11:47 A.M. BOARD OF COUNTY COMMISSIONERS/EX OFFICIO GOVERNING BOARD(S) OF ' SPECIAL DISTRICTS UNDER ITS CONTROL M~~~ ATTEST: WILLIAM J. REAGAN. CLERK ,~". . .' "" ;: .~l' -' , -' ,r ~ "'..., 'JJ ;\I~""" r- '" '"' " 600K D50 PACE 189 ,.... '" ,;, ..~;;' .~'.;' "":"I;'~" t~',J.'" ..~J:. ~;:I . '.n,.!~.. , f.....l""r'4,' - "~J1t ,,'''''-'''' .... , . . If. ',. . : .......~ " . " . . ," ....... .' ....,. I . ,"