BCC Minutes 11/27/1979 R
Naples. Florida. November 27. 1979
LET IT BE REMEMBERED. that the board of County Commissioners in
and for the County of Collier, and also acting as the Governing Board(s)
of such special districts as have been created according to law and having
conducted business herein. met on this date at 9:00 A.M. in Regular
Session in Bv~lding "F" of the Courthouse Complex with the following
members present:
CHAIRMAN: Clifford Wenzel
VICE-CHAIRMArI: Thomas P. Archer
John A. Pistor
C. R. "Russ" Wimer
David C. Brown
ALSO PRESENT: William J. Reagan, Clerk; Harold L. Hall. Chief
Deputy Clerk/Fiscal Officer. Edna Brenneman, Deputy Clerk; C. William
Norman, County Manager. Donald A. Pickworth, County Attorney. Irving
Berzon, Utility Director; Clifford Barksdale. Puhlic Works Administrator/
Engineer. Danny Crew, Planning Director; Jeffory Perry, Zoning Director.
Neno J. Spagna. Planning Consultant; Lee Layne, Planner; Aubrey Rogers.
Sheriff. Mary Morgan, Administrative Aide to the Board; and, Deputy
Chief Raymond Barnett, Sheriff's Department.
BOARD OF COUNTY COMMISSIONERS
FINAL AGENDA
November 27, 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 "PUBLIC
PETITIONS" AT 11:00 A.M.
1. INVOCATION
2. PLEDGE OF ALLEGIANCE
3. APPROVAL OF AGENDA
4.
APPROVAL OF MINUTES:
October 30, 1979
5. PROCLAMATIONS AND PRESENTATIONS. OF AWARDS
A. Proclamation of Month of December as "Neighborhood
Watch Month".
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November 27, 1979
AGENDA - APPROVED WITH ADDITIONS/DELETIONS
Commissioner Pistor moved, seconded by Commissioner Archer and
unanimously carried, that the agend~ be approved with the fOllowing
additions and deletions:
1. Petition CCCL-79-5C, George L. Varnadoe for VBC Limited,
requesting variance from CCCL - although advertised to be
heard t~is date, will be heard December 4. 1979. due to
error in advertising. (N~t listed on agenda)
2. Petition R-79-10C, Whispering Pines, Inc., requesting
rezoning for pro~erty kn~wn as Fishenman's Cover (continued
from 7/10/79 arid 10/30n9) - Further continued until 1/8/80
at request of petitioner.
3. Appointments to Health Facilities Authority - Deleted.
4. Discussion of water service to Willoughby Acres Subdivision
by 8lwood Witt - Added under Public Petitions.
MINUTES OF OCTOBER 30, 1979 - APPROVED
Fiscal Officer Harold Hall related to the Board that Budget
Amendment 79-154 reflecting year-end closing adjustments as submitted
for adoption on October 30, 1979 contained two transpositions of
figures which have since been corrected and that the Budget Amendment
contained in the Minutes of said meeting reflect the corrections.
Commissioner Pistor n~ved, seconded by Commissioner Archer and
carried unanimnu!:ly, that the Minutes of the meeting of October 30,
1979 be approved.
PROCLAMATION ESTABLISHING THE MONTH OF DECEMBER, 1979 AS "NEIGHBORHOOD
WATCH PROGRAM. CRIME PREVENTION MONTH" - ADOPTED
Following his reading of the following Proclamation, Chairman
Wenzel directed that the month of December, 1979 be established as
"Neighborhood Watch Program. Crime Prevention Month".
The executed copy of the Proclamation was received by various
members of the County and City law enforcement agencies, as well as
by representatives of the Neighborhood Watch Committee. Mayor R. B.
Anderson, City of Naples. commented on the success of the Program
and his expectations for continued success.
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November 27, 1979
RESOLUTION 79-172 RE PETITION FDPO-79-V-1, FERRIL BOUTILIER, REQUESTING
A VARIANCE FROM FDPO 79-62 TO REDUCE THE MINIMUM BASE FLOOD ELEVATION
FOR PROPERTY LOCATED ON GRENADA AVENUE - ADOPTED
Legal notice having been published in the Naples Daily News on
November 11, 1979 as evidenced by Affidavit of Publication filed with
the Clerk. public hearing was held to consider Petition FDPO-79-V-1,
filed by Feiril Boutilier, requesting a variance from Flood Damage
Preventi on Ordi nance 79-6,~ tv reduce the minimum base fl ood el evation
from 11 feet National Geode~ic Vertical Datum (NGVD) to 8 feet NGVD.
on property located on Grenada Avenue, Isle of Capri.
Dr. Neno Spagna, Planning Consultant, reported that he has personally
visited the site which he said is located in the A-12 Zone according to
the Flood Insurance Rate Map, and is a vacant parcel with homes on both
sides. Chairman Wenzel questioned the wisdom of building a house at an
elevation which could be flooded as in the past during Hurricane Donna.
Responding to Commissioner Pistor's inquiry, Dr. Spagna replied that the
petitioner has been advised regarding the cost of flood insurance with a
variance of the type under discussion. Continuing, Dr. Spagna noted that,
although not required, he has received letters approving the variance from
the two abutting property owners and, also, has, received a letter from the
petitioner. datpd Ortnhpr ?~, ,Q7Q, ~rknnwlprl9in9 th~t thp 9r~nting of
the variance may have a significant effect on the cost of obtaining flood
insurance.
In conclusion, Dr. Spagna said that, in reviewing all relevant factors
and standards of the pertinent ordinance. the petitioner has met the
requirements of same and that, if the Board deems appropriate, the recom-
mendation is for granting of the variance. Chairman Wenzel and Commissioner
Pistor asked that the minutes reflect the fact that the petitioner has
been advised that the area was heavily flooded during Donna and also
the fact that there will be an increase in insurance rates.
Mr. Allen Fletke, representing the petitioner, apprised the Board
of the fact that the Building Permit for the construction was taken out
before September 14, 1979, the effective date for implementation of the
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November 27, 1979
ordinance. however, actual construction was not started due to his
interpretation regarding the definition of the start of construction,
and said that the only work which had begun was the clearing of the lot.
Commissioner Pistor pointed out that the law states that at least the
four corner pilings, or construction of the foundation slab, was neces-
sary in order to be considered the start of construction. I1r. Fletke
noted his understanding of the law.
There being no person',; r~~g'lstered to speak on the matter, Commissioner
Wimer moved, seconded by Commissioner Brown and carried unanimously, that
the public hearing be closed.
Commissioner Archer inquired as to what provisions have been
made to prevent flooding of the neighbors' yards with respect to drainage,
runoff, and the like. Dr. Spagna replied that the ordinance requires
that the engineer submit some type of design which will provide for the
flow of the waters into swales or canals for County approval. However,
said Dr. Spagna. it is understood that some of the runoff will flow into
the abutting properties anyway and said that he did not want to imply that
100% of the runoff will be retained on the property. In answer to Chairman
Wenzel's query, Dr. Spagna said that petitioners are advised that a better
design would be for construction on piling and/or stilts; however, he said
that that is a matter of the architect's choice - not the County's.
Commissioner Wimer moved. seconded by Commissioner Pistor and
unanimously carried, that the Resolution 79-172 regarding Petition FDPO-
79-V-1, as detailed above, be adopted.
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November 27, 1979
RESOLUTION 79-173 RE PETITION FDPO-79-V-2, COLLIER COUNTY PARKS AND
RECREATION DEPARTMENT, REQUESTING A VARIANCE TO REDUCE THE MINIMUM BASE
FLOOD ELEVATION ON TIGER TAIL BEACH PROPERTY - ADOPTED
Legal notice having been puhlished in the Naples Daily News on
November 11, 1979 as evidenced by Affidavit of Publication filed with
the Clerk, public hearing was held to consider Petition FDPO-79-V-2,
filed ~I the Parks and Recreation Department. requcsting a variance
from FDPO 79-62 to re~ucp. tr~ minimum base flood elevation from 12 feet
NGVD, as requir~d by FIRM, to 9 feet NGVD. for property known as Tiger
Tail Beach, Marco Island.
Dr. Neno Spagna, Planning Consultant, reported that he has visited
the site, accompanied by the Parks and Recreation Director and by
Environmental Consultant, Dr. Jay Harmic, and noted that the property is
in V-12 Zoning which is high hazard zoning. However, said Dr. Spagna,
the construction planned for the p~rty will not be habitable, but
rather will be used for bathhouses, storage, and the like. He also pOinted
out that the nearest residence will be approximately 400. from the subject
property. Or. Spagna said that the petitioner is aware that if there is
any insurance involvement it could considerably raise the cost of the
premium. The pavillion, said Or. Spagna. has been in the process of being
planned and developed for a considerable len~th of time, lon~ beforp. FDPO
79-62 was adopted and that State aid has been obtained on the basis of
proceeding with the original plans.
Chairman Wenzel observed that since the property is County property
the insurance premium would cost the County money, and inquired about
the State requirements. i.e. would the State permit a reduction in the
elevation. Mr. Ro11ie Rice, Parks and Recreation Director, informed
the Board that Mr. Don Gersten, State DNR agency representative, had
visited the area recently at which time the variance was discussed,
and that the information he had received was that the granting of the
variance would have no effect on the State aid. Responding to Chairman
Wenzel, Mr. Rice said that this information was made verbally; however,
he said that he could gl't such statement in writing if the Board so
desired. Chairman Wenzel directed that this be done.
November 27. 1979
In conclusion, Dr. Spagna said that the variance is in accordance
with the requirements of ~~e pertinent ordinance and added that it would
be very difficult to construct the pavillion at the required elevation
and provide all of the ramping, and the like, which is necessary for
use by handicapped persons. He said that approving the variance would
serve a public purpose, if granted.
County Manager C. William Norman brought to the Board's attention
that the Legal Department has advised that the record should reflect
in detail the reasons that such variances are being granted, It was
Commissioner Wimer's observation that the recommendations and reasons
are contained in the appropriate Executive Summaries regarding same and
also on the tape recordings of the hearings.
There being no further persons expressing a desire to speak on
the matter, Commissioner Wimer moved, seconded by Commissioner Archer
and unanimously carried, that the public hearing be closed.
Returning to the matter of assurance by the State regarding the
reduction in the base flood elevation having no effect on the pertinent
grant, County Attorney Pickworth said that if such assurance can be
obtained in writing, it would be a good idea. Chairman Wenzel expressed
the desire that Mr. Rice follow through on the suggestion and that such
assurance will be obtained.
Commissioner Wimer moved, seconded by Commissioner Brown and unani-
mously carried, that Resolution 79-173 with regard to Petition FDPO-79-V-2,
by the County Parks and Recreation Department, as detailed abov~ be
adopted following the recommendation by staff.
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November 27, 1979
PETITION R-79-10C. WHISP~RING PINES. INC., REQUESTING REZONING FROM
RN-2, RM-2ST, RM-1 AND RM-1ST TO GOLF COURSE FOR PROPERTY lOCATED IN
SECTION~ 14 and 23, T50S, R25E. FOR PROPERTY KNOWN AS FISHERMAN'S COVE -
CONTINUED TO 1/8/80
Legal notice having been publiShed in the Naples Daily News on
June 7. 1979 as evidenced by Affidavit of Publication previously
fi~ed with the Clerk, public hearing was continued from July 10 and
October 30, 1979 to consider Petition R-79-10C, filed by Whispering
Pines, Inc.. requesting rezoning from "RM-2", "RM-2ST". "RM-1" and
"RM-IST" to "GC" Golf Course for property located in Sections 14 and
23, Township 50 South, Range 25 East, known as Fisherman's Cove.
County Manager C. William Norman apprised the Board of the receipt
of correspondence dated November 21, 1979 from Lloyd G. Sheehan, President
of Whipserin9 Pines, Inc., in which it is requested that the Petition be
further postponed until January 8, 1980 in order to complete additional
data.
Commissioner Archer moved, seconded by Commissioner Pistor and
unanimously carried, that Petition R-79-10C be continued until January 8,
1980, as requested.
PETITION R-79-11-I, CLARENCE AND MILDRED WEEKS, REQUESTING REZONING
tkOi'I "I-I" AND "I-C-J" TO "1-1,11::;0" rOR A PA~CCL rN ::;J, T47::;, fl29E .
CONTINUED TO FUTURE DATE
Legal notice having been published In the InmokC11ec Bulletin on
October 25, 1979 as evidenced by Affidavit of Publication filed with
the Clerk, public hearing was opened to consider Petition R-79-11-I,
filed by Clarence and Mildred Weeks, requesting rezoning from "I-I"
and "I-C-3" to "I-MHSD" for a parcel of land located in Section 3,
Township 47 South, Range 29 East, for the purpose of locating a mobile
home subdivision thereon.
Zoning Director Jeffory Perry located the property in question on
the map displayed and pointed out the zoning categories on the adjacent
properties. He noted that there 'is a 165' strip of property currently
zoned "I_I" which, if rezoned, would not comply with the Comprehensive
Plan and that the petitioner has agreed to withdraw that portion from
the petition.
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November 27, 1979
The petitioner, Rev. Clarence Weeks, explained the proposed use
of the prorerty and the necessity for such use in the subject area.
Chairman Wenzel recalled tha~ a similar petition had been filed and
subsequently turned down approximately one year aog and inquired as to
what changes have been made to the rezoning request which would make it
a~ceptable at this time. Rev. Weeks pointed out that the industrial
portion has been "cut off" and the situation has changed with regard
to the need for the particular uses of the property being contemplated.
The matter was deliberated upon at length particularly with regard to
residential zoning abutting industrial zoning with Rev. Weeks offering to
make "some kind of trade-off" to provide a buffer zone between the two
parcels. Commissioner Wimer said that he could not vote to permit this
to happen and stated his desire to defer action on the matter in order
to work out a transitional zoning from the residential to the industrial
with Rev. Weeks stating his willingness to place up to 75' into such zoning.
Following additional brief discussion, Commissioner Wimer moved that
the pUblic he~ring be continued and that the petition be returned to the
IAPC for further study and additional recommendations. The motion was
seconded by Commissioner Pistor and unanimously carried.
PETITION R-79-9-I, BY JAMES WILLIAMS, JR., REQUESTING REZONING FROM
"I-A-2" TO "I-C-l" FOR A PARCEL IN S3, T48S, R30E - DENIED
Legal notice having been published in the Immokalee Bulletin
on October 25, 1979 as evidenced by Affidavit of Publication filed
with the Clerk, public hearing was opened to consider Petition R-79-9-1,
filed by James W111 iams, Jr., requesting rezoning from "I-A-2" to
"I-C-l" for a parcel in Section 3, Township 48 South, Range 30 East.
Immokalee. to allow for the construction of a convenience store with
ga~oline pumps. At the request of County Attorney Pickworth, the
public hearing was continued for a short period of time to allow for
further consultation with staff and the attorney for the petitioner.
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November 27, 1979
Later in the session, Zoning Director Jeffory Perry located the
property as lying on the north side of C-840 and approximately 3/4 of a
mile west of the Hendry County Line, within the boundaries of the Area
of Critical State Concern.
Or. Danny Crew, Planning Director, stated that there are two separate
issues involved in the petition - one being a substantive issue as to
whether tl',e rezoning is good or bad; and the other being a procedural
issue.. Addressing the latter, Dr. Crew stated that he interprets the
State Attorney General's opinion that property cannot be rezoned in viola-
tion of the Comprehensive Plan which shows the subject property as
"Agriculture". Therefore, said Or. Crew, if the property is to be rezoned,
the Plan must be changed to a classification that would be appropriate
for "Commercial". Then, he continued, the issue of whether or not the
rezoning is good or bad can be addressed.
Responding to Chairman Wenzel, Mr. Perry said that the rezoning could
be considered spot zoning; it would be detrimental to the "A" land around
it, and that there is no justification for commercial zoning in the
subject area.
Attorney Pickworth observed that the Attorney Generalis opinion,
previously referred to, does nothing more than state what the Statutes
provide and he read from the pertinent section of said Statute~, adding
~~: :~:TlijC:':~ t~..L t~c :~~ff. prt'':'l?rflll'/llly, "/Ie: tAl..,." th,. rnc:itinn, ""'!1/1rrl.
less of the fact that the rezoning petition was originally submitted
prior to the adoption of the Plan, that. nevertheless, the adoption of
the Plan and the clear intent of the Statute, is that the zoning must
conform thereto. Responding to Commissioner Wimer, Attorney Pickworth
agreed that, irregardless of the procedural aspects, the recommendation of
the Planning Director for denial is a separate issue pertaining to whether
or not the rezoning is good or bad.
Attorney M. W. Schryver represented the petitioner and recalled that
the petition was filed as a rezoning petition prior to the adoption
of the Planning Act, and treated as a rezoning by the former Zoning
director and the Planning Staff. He added that until this date it was
never brought up that the procedures of the,Plan would be in any way
November 27, 1979
invoked and said that, in his opinion from a legal point of view, any
activity in the works prior to adoption of the Plan can be treated as
such even though it may amount to a change in the Plan which could be
accomplished under the procedures of the Plan.
The discussion which followed addressed such matters as review by
the State due to the property'S location in a buffer zone, whether or
not the current use of the property is for agricultural purposes, the
recommendation from the IAPC for approval, the staff recommendation for
denial, and the intrusion of commercial zoning into farmland which is
undesirable.
There were no persons registered to address the Board wh~reupon
Commissioner Archer moved, seconded by Commissioner Pistor and unanimoUSly
carried, that the public hearing be closed.
Commissioner Pistor moved, seconded by Commissioner Brown and
carried unanimously, that Petition R-79-9-I, filed by James Williams,
Jr., requesting rezoning of certain property in Immokalee, be denied.
PETITION R-79-13-I, IAPC, REQUESTING REZONING OF LOTS 2-6, BLOCK 27,
NEW MARKET SUBDIVISION, IMMOKALEE - PUBLIC HEARING CONTINUED AT REQUEST
OF STAFF
Legal notice having been published in the Immokalee Bulletin on
October 25, 1979 as evidenced by Affidavit of Publication filed with
the Clerk, public hearing was opened to consider Petition R-79-13-I,
filed by the Immokalee Area Planning Commission, requesting rezoning of
Lots 2-6, Block 27, New Market Subdivision, Immokalee.
Zoning Director Jeffory Perry explained that the IAPC is requesting
rezoning of the subject properties from "I-IiF-l to "I-C-2", recalling
that the Board recently approved the rezoning of Lot 1, in the same block,
to "I-C-l", with the remaining subject lots left zoned as multi-family.
However, said Mr. Perry, the subject lots are currently being used for
various commercial uses, adding that such rezoning will be in conflict
with the Comprehensive Plan. It was Mr. Perry's recommendation that
the petition be continued until the proper procedures to "amend the Plan can
be prepared, which he said would be approximately three months.
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November 27, 1979
Commissioner Archer moved to continue Petition R-79-13-I, at the
reque~t of staff, until further studies can be made and reported back
to the Board. Commissioner Plstor seconded the motion which carried
unanimously.
Chairman Wenzel requested that the process be expedited as soon
as possible.
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RECESS: 10:10 A.M. until 10:20 A.M.
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PETITION R-79-18C, DONALD STONEBURNER. REQUESTING REZONING FROM WI
TO "MHRP" IN S5, T50S, R26E - ADVERTISING AUTHORIZED FOR PU3LIC HEARING
1/8/80
Commissioner Wimer moved, seconded by Commissioner Archer and
unanimously carried, that Petition R-79-18C. filed by Oonald Stoneburner,
requesting rezoning from "A" to "MHRP"'in Section S, Township 50 South,
Range 26 East, located on the south side of Radio Road approximately
1.7 miles east of Airport RQad, be advertised for public hearing on
January 8, 1980.
PETITION R-79-34C, BRUCE MUMM, REQUESTING REZONING FROM "PUD" TO "PUD"
IN SECTIONS 19 and 32, TSOS, R2GE - ADVERTISING AUTHORIZED FOR PUBLIC
HEARING JANUARY 8, 1980.
Commissioner Wimer moved, seconded by Commissioner Archer and
un03nimously c.1rried, th.)t Petition R79-34C, filed by Bruce MUrmI,
requesting rezoning from "PUD" to "PUD" in Sections 19 and 32,
Township 50 South, Range 26 East. located off Tamiami Trail south of
~rt1e Cove Acres, be advertised for public hearing January 8, 1980.
PETITION R-79-35C, OVERS~DEVELOPMENT CORPORATION, REQUESTING REZONING
FROM "RM-2" TO "GRC" ON PROPERTY LOCATED IN S12, TSOS, R25E - ADVERTISING
AUTHORIZED FOR PUBLIC HEARING JANUARY 8, 1980
Commissioner Wimer moved, seconded by Commissioner Archer and
unanimously carried, that Petition R-79-35C, filed by Overseas Develop-
ment Corporation, requesting rezoning from "RM_2" to "GRC" on property
located in Section 12, Township 50 South, Range 25 East, located off
the east side of Airpor~ Road between Glades Boulevard and the Courthouse, b
advertised for public hearing January 8, 1980.
November 27, 1979
PETITION CP-79-7C, OVERSEAS DEVELOPMENT CORPORATION, REQUESTING LAND
USE AMENDMENT FROM RESIDENTIAL 6.22-30 UNITS TO "e" LAND USE IN S12,
TSOS, P25E - ADVERTISING AUTHORIZED FOR PU~LIC HEARING JANUARY 8, 1980
Commissioner Wimer moved, seconded by Commissioner Archer and
unanimously carried, that Petition CP-78-7C, filed by Overseas Develop-
ment Corporation, requesting land use amendment from Residential 6.22-30
units per gross acre to Commercial land use in Section 12, TownShip 50
South, Range 25 East, located off Airport Road between the Courthouse
and Glades Boulevard, be advertised for public hearing January 8, 1980.
PETITION FDPO-79-V-3, HOWARD R. KEOUGH, REQUESTING VARIANCE FROM MINIMUM
BASE FLOOD ELEVATION - ADVERTISING AUTHORIZED FOR PUBLIC HEARING
DECEMBER 18, 1979
Commissioner Wimer moved, seconded by Commissioner Arch~r and
carried unanimously. that Petition FDPO-79-V-3. filed by Howard R.
Keough, requesting a variance from the minimum base flood elevation
from 11' NGVD to 9.7S' NGVD on property located on Pepperwood Court,
Marco Island, be advertised for public hearing December 18, 1979.
PETITION FDPO-79-V-4, BRYCE D. F. HARVEY, REQUESTING VARIANCE FROM
MINIMUM BASE FLOOD ELEVATION - ADVERTISING AUTHORIZED FOR PUBLIC HEARING
DECEMBER 18, 1979
Commissioner Wimer moved, seconded by Commissioner Archer and
unanimously carried. that Petition FDPO-79-V-4, filed by Bryce D. F.
Harvey, requesting a variance of 2.62' from II' NGVD for property
located on Jamaica Road, Isle of Capri, be advertised tor publ1c
hearing December 18. 1979.
ORDINANCE CREATING DEPENDENT TAXING DISTRICT ENCOMPASSING PRECINCTS
3 AND 4, MARCO ISLAND, INCLUDING GOODLAND, FOR CONSTRUCTION AND OPERATION
OF A COMMUNITY CENTER BUILDING - ADVERTISING AUTHORIZED FOR PUBLIC HEAR
ING DECEMBER 18. 1979 -
Commissioner Wimer moved, seconded by Commissioner Archer and
carried unanimously, that a proposed ordinance creating a dependent
taxing district, encompassing Precincts 3 and 4, Marco Island (inclUding
Goodland), for the construction and operation of a community center
building, be advertised for public hearing December 18, 1979.
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November 27, 1979
PETITION FROM JERRY DRAKE, AGENT FOR DONALD BABINSKI, REQUESTING VACATION
OF 15' ALLEYWAY LYING SOUTH OF LOTS 1-4, BLOCK B, EASTGATE SUBDIVISION -
ADVERTISING AUTHORIZED FOR PUBLIC HEARING DECEMBER 18, 1979
Commissioner Wimer moved, ~econded by Commissioner Archer and
unanimously carried, that the petition, filed by Jerry Drake, Agent
for Donald Babinski, requesting the vacation of a 15' alleyway lying
~outh of Lots 1 through 4, Block B, Eastgate Subuivision, be advertised
for public hearing December 18, 1979.
REQUEST BY HORACE L. AND THELMA L. TINDELL FOR VACATION OF A PORTION OF
FIRST AVENUE SOUTH, BLOCK 1, EASTOVER SUBDIVISION, IMMOKALEE - ADVERTISING
AUTHORIZED FOR PUBLIC HEARING JANUARY 8, 1980
Commissioner Wimer moved, seconded by Commissioner Archer and
unanimously carried, that the petition filed by Horace l. and Thelma L.
Tindell for vacation of a portion of First Avenue South, Block 1,
Eastover Subdivision, Immokalee, be advertised for public hearing
January 8, 1980.
ORDINANCE ESTABLISHING PROGRAM GUIDELINES FOR THE COMMUNITY DEVELOPMENT
BLOCK GRANT HOUSING REHABILITATION PROGRAM - ADVERTISING AUTHORIZED FOR
PUBLIC HEARING JANUARY 8, 1980
Commissioner Wimer moved, seconded by Commissioner Archer and
unanimously carried, that an ordinance establishing Program Guidelines
for the Community Development Block Grant Housing Rehabilitation Program,
be advertised for public hearing on January 8, 1980.
PETITIOfl FP-79-1lC, P~LICAN UAY, REQUESTING fINAL PLAT APrnOV^L OF
PELICAN BAY UNIT 2 - FINAL PLAT APPROVED
At the conclusion of a brief statement by Planner lee Layne that
the Engineering Department has reviewed the final plat for Pelican
Bay Unit 2 and has found it in compliance with County Subdivision
Regulations, Commissioner Archer moved, seconded by Commissioner Pistor
and unanimously carried, that the Final Plat for the subject property
be approved, as requested in Petition FP-79-12C, and as recommended
by staff.
November 27, 1979
RESOLUTION 79-177, RELATING TO PETITION PU-77-15C, EXTENDING PROVISIONAL
USE OF PROPERTY IN S33, T51S, R34E, AS REQUESTED BY E~XON CORPORATION -
ADOPTED. EXTENDItlG TIME PERIOD 1'0 DECEMBER 6, 1980
Planner Lee Layne explained that, due to an unusual amountof
rainfall and a short dry season, a request has been received from the
Exxon Corporation for an extension of the Provisional Use granted by
the Board with regard to Petition PU-77-15C.
Commission!r Pistor moved, seconded by Commissioner Archer and
carried unanimously, that Resolution 79-177 extending until December 6,
19&0 the Provisional Use of property located in Section 33, Township 51
South, Range 34 East, requested by the Exxon Corporation, be adopted.
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November 27, 1979
CREATION OF TEMPORARY FULL-TIME POSITION OF CONSTRUCTION INSPECTOR
FOR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM - APPROVED; BUDGET
AMENl"~ENT RE SAME AUTHO~I ZFIl
Planning Director Danny t~ew explained the need for an additional
position of Construction Inspector with regard to the Community Block
Grant Program, as contained in the Executive Summary prepared by him
dated November 20, 1979. He said that the position would be temporary
and would expire at the time the grant funds expire and, also, that,
due to the significant downtrend in County building activities, it is
hoped that the position can be filled by transferring a Building Depart-
ment employee to the Program.
Commissioner Wimer, expressing his desire that the proposed transfer
can be implemented. moved for approval of the creation of a temporary
full-time position of Construction Inspector, Pay Grade 29, for the
Community Development Block Grant Program. The motion was seconded by
Commissioner Pistor and unanimously carried.
Dr. Crew requested approval for revisions to the FY 79-80
Community Development Block Grant Budget to reflect the above-
referenced additional position and also to reimburse the County for
some indirect costs such as his salary and other employees not directly
involved in the Program. Chainman Wenzel directed that the necessary
information be given to the Fiscal Officer for the preparation of nn
appropriate budget amendment to be brought back to the Board at the next
meeting.
PETITION C-79-2-I, OUR LADY OF GUADALUPE CATHOLIC CHURCH, REQUESTHlC
CARNIVAL PERMIT - PERMIT GRANTED, AND SURETY BOND WAIVED
Commissioner Archer moved, seconded by Commissioner Brown ~nd
unanimously carried, that a Carnival Permit, with regard to Petition
C-79-2-I filed bv Our Lady of Guadalupe Catholic Church, Immokalee,
to conduct a Church Carnival on December 6-9, 1979, be granted, and
that the requirement for surety bond re same be waived, pursuant to
staff recommendation.
800K 050 PACE 255
November 27, 1979
RESOLUTION 79-174 AMENDING TilE BCC'S PERSONNEL POLICIES AND PROCEDURES
ON PR~MOTION, DEMOTION, TRft~SFER, PAY ADJUSTMENT AND RECLASSIFICATION -
ADOPTED
Assistant County Manager John Walker explained briefly the informa-
tion contained in the Executive Summary dated November 16, 1979. as
prepared by him, with regard to amendments to the Boardls Personnel
Practices and Policies, Sections 5-6 through 5-10, pertaining to Promo-
tion, Demotion, Transfer, Pay Grade Adjustment, and Reclassification, to
more accurately reflect the needs of the County and its employees.
Commissioner Wimer moved, seconded by Commissioner Archer and
unanimously carried, that Resolution 79-174, as referencprl above, be
adopted. and that the revised policies contained therein be effective
October 1, 1979.
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&OOK 050 PACE 267
."
j',~~K 050 Ph~~2TO
November 27, 1979
Bce DESIGNATES DECEMBER 4, 1979 AS "YOUTH IN GOVERNMENT DAY" AND
AUTHORIZES EXPENDITURE OF FUNDS RE SAME NOT TO EXCEED $250.00
COli,lty Manager C. Wil1iarn Norman explained the plans being made,
pursuant to Board approval, for the annual "Youth in Government Day",
as contained in the Executive Summary prepared by his staff. He said
that December 4, 1979 has been scheduled as the date for this year's
event, on which date the selected students from Barron Collier and
lely High Schools will appear before the Board as part of the meeting
during which a resolution will be presented for adoption. Mr. Norman
requested approval to proceed with the Program, including the erpendi-
ture of funds to provide luncheon for the participants.
Commissioner Archer moved, seconded by Commissioner Wimer and
unanimously carried, that the plans presented by Mr. Norman for "Youth
in Government Day" be approved, including the authorization for appro-
priation of funds from the General Fund in an amount not to exceed
$250.00
ADVERTISING AUTHORIZED FOR CONSULTANT ENGINEERING SERVICES FOR CON-
STRUCTION OF GOODlETTE ROAD EXTENSION AND AIRPORT ROAD; COUNTY MANAGER,
COUNTY ENGINEER, AND COUNTY TRANSPORTATION DIRECTOR APPOINTED TO CONSUL-
TANT SELECTION C~lITTEE RE SAME
Public Works Administrator/Engineer Barksdale addressed the Board
requesting authorization to advertise for consultant engineering
services, and the appointment of a Selection Committee for the con-
struction of Goodlette Road Extension. which is Golden Gate Parkway,
from Airport Road to Goodlette Road, and Airport Road from Golden Gate
Parkway north to Pine Ridge Road. He said that both projects, which
have been designed by the DOT consultants and for-warded to the County
for execution of the construction. have been reviewed and it is felt
that both projects can be let as one project and thereby save on both
administrative overhead and construction costs. He said that the
consultant would provide engineering services for the preparation of
the contract documents and the supervision and inspection work for the
project. Responding to Commissioner Pistor, Mr. Barksdale said that
there are no additional plans involved - the plans hav~ all been drawn.
November 27, 1979
Commissioner Archer moved, seconded by Commissioner Pistor and
unanimously carried, that advertising be authorized for consulting
engineering services with re~~rd to the above.referenced project, and
that County Manager Norman, County Engineer Barksdale, and Transportation
Director Archibald be appointed to a Consu1tant Selection Committee
for the purpose of recommending the number one, two. and three firms.
BOARD APPROVES WAIVER OF BID PROCESS RE PURCHASE AND INSTALLATION OF
FENCING FOR IMMOKALEE PARK AND APPROVES AWARDING OF CONTRACT TO SEARS
ROEBUCK AND COMPANY IN THE ~~UNT OF $3.818
As recommended in the Executive Summary prepared by the Purchasing
Department. dated November 21, 1979, Commissioner Brown moved, seconded
by Commissioner Wimer and unanimously carried, that the uid process be
waived, and that the furnishing and installation of a chain link fence
for the Immoka1ee Park be awarded to Sears Roebuck and Company
in the amount of $3,818. said cost having been obtained through written
quotation.
RESOLUTION 79-175 AUTHORIZING THE ACQUSITION BY PURO~SE OR EMINENT
DOMAIN OF CERTAIN LANDS LOCATED IN GOODLAND FOR CONSTRUCTION OF"
POTABLE WATER STORAGE TANK RE PROPOSED GOODLAND WATER SYSTEM - ADOPTED
Utility Director Irving Berzon reviewed briefly the information
contained in the Executive Summary with regard to the acquisition of
certain property located in Goodland for the construction of a potable
water storage tank as part of the Goodland Water System. Replying to
Chairman Wenzel's inquiry, Mr. Berzon stated that the proposed site is
felt to be the only desirable site since other properties in the area
are either in areas of criticaJ concern, or in close proximity to other
housing, or there are other circumstances which make them far less
desirable and/or more expensive.
County Attorney Pickworth, also acting as Attorney for the County
Water-Sewer District, stated that the consultants have advised that the
subject property is the most feasible and probab1y the only really
practically feasible piece of property for the site inasmuch as it is
located near the entrance of Goodland. He noted that property located
further inside the Island would necessitate backtracking on water lines
when the system is installed. He said further, that there is wide dis-
agreement between the owner of the property and the County of what the
M'l'( n~n "'N.?7f'
BOO'K 050 PACE 272
November 27, 1979
property is worth, although he said that further attempts will be made to
purchase it. Attorney Pickworth stated that it is his feeling that the
property will have to be condemned and taken, "battling it out in court
later over what it is worth". He said that the County's appraiser puts
a 10\1 value on the land, most of which is mangrove, with one small high
.:1ot.
Chainman Wenzel questioned how the County can be permitted to "f111"
certain areas of the property since it is adjacent to an area of critical
concern with Mr. Berzon explaining that the filling, in this case, is not
regarded as being in part of the wetlands and that it is being filled only
to permit the natural surface drainage to take its natur~l course and not
for actual construction. He pointed out that a DER permit has been
obtained with the stipulation that the property cannot be used unless
it is in County ownership.
Commissioner Archer moved, seconded by Commissioner Pistor and
unanimously carried, that Resolution 79-175 authorizing the acquisition
by purchase or eminent domain of certain lands in Goodland to provide a
site for the construction of a potable water storage tank as part of
the proposed Goodland Water System, be adopted.
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MOl<
050 PACE 276
November 27, 1979
ROUTINE BILLS - AUTHORIZED FOR PAYMENT
Following Fiscal Officer Harold Hall's statement that the bills
being J:..'esented have been pr"cessed following established procedures
and that funds are available, C~nmissioner Pistor moved, seconded by
Commissioner Archer and unanimously carried, that the bills be
approved for payment as witnessed by the following warrants issued
from November 21, 1979 through November 27, 1979:
FUND
County Warrants
WARRANT NOS.
1800 - 1937
REIMBURSEMENT TO TAX COLLECTOR FOR POSTAGE EXPENDITURES PURSUANT TO
FS 197.072 - APPROVED IN THE AMOUNT OF $26,570.79
Fiscal Officer Harold Hall brought to the Board for specific
Board approval a bill for reimbursement to the Tax Collector for postage
used to process and send to taxpayers t~e 1979 Real Estate and Tangible
Personal Property Taxes. He said that, in the past, the Tax Collector
paid for this expense in his budget but Florida Statute 197.072 prOVides
that this should be paid from the General Fund. Mr. Hall further
stated that this expenditure has not been budgeted and, when the total
amount for the year has been ascertained, he will come back to the Board
with a Budget Amendment. He pointed out that the subject bill was not
the first bill submitted - there was a bill submitted prior to the end
of the last fiscal year. It was not included in the budget, said Mr.
Hall, because it was not known whether or not the Tax Collector would
continue the prior practice of paying for this expense out of his budget
or expect it be paid through the General Fund; however, either way, the
expenditure comes out of the General Fund, said Mr. Hall, and if the
General Fund pays it, in accordance with his request, it will increase
the amount of money to be returned as excess fees later on.
Commissioner Archer moved, seconded by Commissioner Pistor and
unanimously carried, that the reimbursement to the Tax Collector for
postage expenditures be approved in the amount of $26,570.79.
November 27. 1979
BUDGET AMENDMENT TO PROVIDE FUNDS FOR TRANSFER OF LEAA GRANT TO MENTAL
HEALTH UNIT IN THE AMOUNT OF $31,000 - DEfERRED UNTIL 12/4/79
Fiscal Officer HarOld r;,,11. noting that included in the Clerk's
Report for this date was a Budget Amendment to provide for funds for
the transfer of LEAA Grant to the Mental Health Unit. requested that
the item be deferred until the meeting of Decemher 4, 1979. There were
no Objections forthcoming.
CHAIRMAN AUTHORIZED TO SIGN STATEMENT OF ASSURANCES FOR GENERAL REVENUE
SHARING FOR CURRENT YEAR
At Fiscal Officer Harold Hall's request. Commissioner Archer
moved. seconded by Commissioner Pistor and unanimously carried, that
the Chairman be authorized co sign the Statement of Assurances for
General Revenue Sharing for the current year.
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80:>K 050 PACE277
.
November 27, 1979
RESOLUTION 79-176 SUPPORTING THE EFFORTS OF THE SOUTHWEST FLORIDA
WINTC~ VEGETABLE GROWE~S' ^SSOCIATIONS IN THEIR EFFORTS TO PREVENT
"OUMPING" OF VECETABLES BY Mrx1CAN GROWERS - ADOPTED
Following his reading of same. Commissioner Brown moved for the
adoption of Resolution 79-176 in support of the efforts of the Southwest
Florida Winter Vegetable Growers' Associations in their efforts to
prevent the "dumping" of vegetables by Mexican growers. The motion
was seconded by Commissioner Wimer and unanimously carried.
Responding to Mr. Mike Zewalk's query as to whet.her or not such
practice has been declared illegal, Commiss10nqr Brown said that
the matter is now in the courts and that a decis1of; is being awaited.
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80~K 050 PACE 279
November 27, 1979
CHAIRMAN AUTHORIZED TO SIGN CERTIFICATES FOR CORRECTION ON 1979 TAX
ROLL
CC,l11li ss ioner Archer :novpd, seconded by Commiss ioner Pi s tor and
unanimously carried, that the Chairman be authorized to sign the
following Certificates for Correction to the 1979 Tax Roll:
NUMBERS
Tangible Personal property~ 1979-77-78
Tangible Personal Property 1979-79-85
Tangible Personal Property 1979-86-90
11-12
13
20
21
22
34-53
62-65
71
74-81
100
106
108-133
135
142-146
148-152
156-157
164
QlliQ.
11/20/79
11/21/79
11/26/79
11/16/79
11/6/79
11/8/79
11/9/79
11/7 /79
11/13 - 11/12/79
11/13/79
11/14/79
lllH - 11/20/79
11/15/79
11/15/79
11/16 - 11/20/79
11/20/79
11/20 11/21/79
11/20 - 11/21/79
11/26/79
11/26/79
REQUEST BY PROJECTS MANAGER, WHISPERING PINES. INC., FOR USE OF COUNTY
HELICOPTER FOR AERIAL SURVEY OF FISHERMAN'S COVER BY COUNTY, STATE, AND
FEDERAL AGENCIES - APPROVED
Administrative Aide to the Board Mary Morgan noted the receipt of a
request dated Novemher 15, 1979 from William P. Dahnke, Jr., Projects
Manager for Whispering Pines, Inc., for the use of the County Helicopter
for an aerial survey of Fisherman's Cove project by County, State. and
Federal Agencies. It was stated. said Ms. t~rgan. that, since the use
of the vehicle directly affects the project, they are agreeable to paying
for the actual operational time of the helicopter, which they understand
to be $150 per hour.
Commissioner Archer moved, seconded by Commissioner Pistor and
unanimously carried, that the request, as detailed above. be granted.
STAFF DIRECTED TO SEND APPROPRIATE LETTER TO SHERIFF RE ENFORCEMENT
OF "NO SMOKING" ORDINANCE, AND TO PURSUE POSSIBIltTY OF INSTALLING
SPEAKERS NOTIFYING WITNESSES RE APPEARANCE IN COURT
Administrative Aide to the Board Mary Morgan reviewed the con-
tents of the letter dated November 15, 1979 from Judge Ted Brousseau
wherein it is requested that the Board do everything in its power to
assist in carrying out the intent of the "No Smoking" Ordinance.
BOOK 050 PACE~Z
November 27, 1979
in "No Smoking" areas was a contributing factor to violations of the
ordinance and it was suggewted that they be removed. Deputy Chief
Raymond Barnett observed that chpre is a problem in courtroom areas in
that witnesses wait as long as eight hours before being called and, with
the smoking areas located on another floor, such persons are hesitate
about leaving the area and not being able to hear when they are summoned
into the courtrooms.
Chainman Wenzel directed that an appropriate letter be sent to
Sheriff Rogers with regard to enforcement of the intent of the pertinent
ordinance, and that the County Manager pursue the pOSSibility of install-
ing a loud speaker system in the permitted smoking ar~~s of the courtroom
building for the convenience of witnesses, and the like.
DISCUSSION OF MARCO ISLAND COMMUNITY CENTER - ESTABLISHMEnT OF A DEPEN-
DENT TAX DISTRICT, AND REFERENDUM FOR OPERATION OF SAME. NO ACTION TAKEN
PENDING RESULTS OF PUBLIC HEARING RE DISTRICT TO BE HELD DECEMBER 18. 1979
Administrative Aide to the Board Mary Horgan reviewed briefly the
contents of the letter dated November 20, 1979 from the MarrJ Island
Civic Association, Inc. wherein it is requested that the Board establish,
before December 31. 1979, a dependent tax district encompassing Precincts
3 and 4 (Marco Island including Goodland) for the purpose of constructing
a Community C~nter building, and also consideration of holding a referen-
dum on March ]1, 1980 which, if favorable. would provide for the operation
of the building. It was noted by Ms. Horgan, that a proposed ordinance
has bep.n ~cheduled for Dncenber 18. 1979 with regard to the establishment
of the District.
Mr. Leigh Plummer, President of the subject Civic Association,
reported to the Board the results of the study made to determine the
feaSibility of building a community center, the availability of land
to be donated by The Deltona Corporation, the need and proposed uses
for the center, the reasons for opposing the project by the Taxpayers'
Association - the lone dissenter, and the proposed cost and financing
of construction and operation.
November 27, 1979
County Attorney Pickworth explained that the ordinance on the
matte: to be heard on D~c~~er 18, 1979 has been drafted in very
general terms, containing no millage cap, no provisions for an advisory
board, and the like, which he said can be discussed and the Ordinance
amended at a later date to provide for these matters. He said the first
step is the establishment of the District prior to the end of the current
year. however, if the outcome of the hearing is favorable, a referendum
will be needed on March 11, 1980 for approval of the bond issue, tax
levy, and the like.
80ARD APPROVES RECOMMENDATION FOR CHANGF~ IN THE MEMBERSHIP OF THE
COLLIER COUNTY HISTORICAL COMMISSION
As contained in the recommendation dated November 23, 1979 from
Mrs. F. Oean Earl, Collier County Historical Society, Inc., for changes
in the roster of members of the Collier County Historial Commission,
Commissioner Archer moved that the following list of members be approved:
John Beriault
James Brig~s
A. P. (Bud) Kirk
Mildred Roberts Sherrod
Lodge McKee
William Reagan
Mary Manion
Mayor of Everglades
The motion was seconded by Commissioner Brown and carried unanimously.
Commissioner Wimer inquired about the membership of the Commissioners
on the Commission with Administrative Aide to the Board Mary Morgan
noting that, to her knowledge, the Commissioners are automatically
members. Commissioner Wimer suggested that this is not his understanding.
Some of the previous members, as noted by Mrs. Earl, will serve on
the Brown House Committee. as follows:
Ri chard Morri s
W. W. Roberts
Margaret Scott
Duane Julian
01 ga Hi rschhorn
Mr. and Mrs. Robert Brown
Mary Smith
aO~K 050 PACE2B3
aOOK 050 rACE284
November 27, 1979
CHAIRMAN DIRECTED TO SIGN LETTER OF SUPPORT TO HRS RE DAY CARE CENTER
following brief explanation by Administrative Aide to the Board
Mary Morgan, Commissioner Archer moved. seconded by Commissioner Pistor
and unanimously carried, that the Chairman be directed to sign a letter
of support to HRS with regard to a proposed day care center by the
Collier County Association for Retarded Citizens.
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
i nd i ca ted:
1. Letter dated November 1979 from the Collier County Audubon
Society re Fisherman's Cove Devel0pment Project, indicating
the Society has passed a resolution Objecting to the approval
of the aforementioned project. xc Planning Department. and Filed.
2. Letter dated November 13, 1979 from Bureau of Highway Safety
acknowleging the approval of the County's request for federal
funds in the amount of $20,440 fpr implementation of A project
entitled Traffic Enforcement Emphasis, also transmitting copy
of grant No. 80-02-02-K-315-11. Letter also noted effective
date of same is November 16, 1979 and explained certain pertinent
facts regarding grant. Filed.
3. Notice and related forms received from State Fire Marshal
regarding Fire Equipment Dealer License and Permits conveying
regulations for renewals of same and noting the expiration of
all such licenses and permits. Enclosures are forms necessary
to renp.w same. Originals to County Manager. xc Filed.
4. Letter dated November 21, 1979 from Charles R. Chapman regarding
his requested name change on his Water/Sewer assessment.
xc Steve Fain, Finance, Utility Director. and Filed.
5. Grant Adjustment Notices re Grant No. 77-A5-09=IB01, CJIS Step 3.
and Grant No. 78-A4-09-IE01. CJIS Step 3. cc Clerk Reagan. xc
Fiscal Officer and Filed.
6. Letter dated November 19, 1979 to William Reagan from Taylor.
Edenfield. Gilliam & Wiltshire transmitting two copies of s
schedule of water production costs and audited financial state-
ments of Capri Water Works, Inc. for FY78-79 for presentation
to the BCC. Letter dated November 14, 1979 from abovementioned
firm transmitting schedule of water production costs of Capri
Water Works, Inc. and requesting that the rate charged by Capri
be $1.76 per thousand gallons. effective Janu~ry 1, 1980 xc
letters Utilities Director; Cost SChedule - xc Utilities
Director; Original letters and Financial Statement and cost
schedule - Filed.
7. Letters Dated November 21. 1979 from Ken Millay, Project Manager,
Energy Consultant for GEO re federal allocations of grant
funds for energy audits and authorization to conduct an energy
audit along with forms for same - Forms sent to County Manager,
xc letters County Manager. original' letters filed
8. Letter dated November 16. 1979 from Doug McGoon regarding
Naples Bay Study - filed.
9. Copy of letter dated November 14, 1979 from DER transmitting
Permit No. 0011-6470 re operating a pollution source, issued
to Southwind Mobile Village - xc Utility Director. and Filed.
...,
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MOK
050 rAl:E286
November 27, 1979
Docket No. 790914-CCT re Application of Fort Lauderdale
Transfer and Rigging. Inc., for extension of Certificate
No. 147.
Docket No. 790913-CCT re Application of Purolator
Courier Corp. for an extension of Certificate No. 1020.
22. Monthly Report from Library Department - Filed.
5.
6.
STAFF DIRECTED TO REPORT BACK TO BCC ON DECEMBER 4, 1979 WITH RECOMMENDA-
TIONS REGARDING WILLOUGHBY ACRES WATER PROJECT
Mr. Ellwood H. Witt, one of the developers of Willoughby Acres,
expressed his appreciation to the Board for permitting him the courtesy
of being heard under Public Petition this date. He recalled the steps
which have been taken with regard to the matter of water supply to the
subdivision beginning on August 31, 1979 at which time a petition,
signed by approximately 72' of the property owners, was submitted to
the Board petitioning the BCC to request the Cfty of Naples to extend
the planned water facilities from the proposed trunk to Palm qiver
Estates through Willoughby Acres, noting that a pro rata share of
the trunk line from Victoria Park to Palm River was paid in the amount
of $4,000. Continuing, Mr. Witt related the subsequent events which
have taken place, including the adoption of a resolution by the BCC in
September of 1976, the selection of an engineering firm nine months
later, the public meeting with the residents 1n March, 1978 at which
time it was indicated t~at the cost would be between $27.00 and $28.00
per front foot for both sewer and water, and that the time-frame would
be one year. Since that time, said Mr. Witt. out of the original
peitioners. several owners have died, about 30~ have left the ~ubject
cOlllllun1ty "in disgust". and that presently 20% of the houses are for sale.
Mr. Witt emphasized the need for a potable water supply, citing the
plumbing problems being experienced and the tremendous increase in cost
for water treatment systems, which must be purchased at a cost of approxi-
mately $1,400 per unit. It was suggested during the interim period that
aid might be available from HUD , said Mr. Witt, however, he said that the
savings involved would only amount to $60.00 annually and that the
residents are paying that amount in two months for purification
November 27. 1979
of the water. He said that now, three years and three months after
submitting the petition, there is still a problem and that the advice
recefved from the Utili tJ Director is that the project is still 18 months
away. Mr. Witt noted that the construction costs should be much less
than in East Naples due to the fac": i,hllt the plans call for the water
line on one side of the street and the sewer on the other side and. since
it is felt the sewer is not needed and with the water line already
extended, it should be a simple matter to install potable water. Con-
cluding, Mr. Witt said that it is hoped that, because of the long delay an,
future delay in sewers, that consideration wfll be given to supplying wate
now, noting that there will be many property owners who will be paying
cash for the installation.
Utility Director Irving Berzon expressed agreement with Mr. Wittls
statements with one exception. Referring to the comment that another
referendum is being required, Mr. Berzon said that such information is
in error. However, he said that he has been advised that before an
increase in the loan over what was originally approved can be
authorized by FHA, there is a requirement that two more public hearings
will be necessary which could cause another three to five weeks' delay.
lengthy discussion followed covering such matters as the savings
involved in putting both sewer and water in at the ~ame time. the
possibility of financing the project via conventional loan, the reasons
why the pUblic hearings are being required by FHD, among other subjects.
Mr. Berzon explained that the bond validation resolution is going
ahead and that the document is being prepared in such a manner as to
proceed along either financing route and, in his opinion, a public
hearing at this particular time needs to be a "hold up". County
Attorney Pickworth adivsed that the final details with regard to the bond
resolution will be completed within a week and one-half. He said after
the Board adopts the bond resolution, considering advertising times.
circuit court hearing on the validation. and the like, the time involved
should be no more than 75-80 days. However, said Attorney Pickworth. if
an appeal should be filed. the matter can be held up in the courts for
several months.
8O~K 050 PAr.r: 2117
&Oo~
050 PAtE2B8
November 27, 1979
Mr, William Barton, Willoughby Acres property owner, concurred with
Mr. Witt's comments; however, in his opinion. Mr. Barton said that the
sewers should also be instailed at the same time due to the problems
with septic tanks not working properly due to the high groundwater table
experienced every year. It was a fl;..th('r suggestion by Mr. Barton that
possibly FHA finant:ing may not be the best approach to tdke since the
reduction in interest rate is more than offset by higher construction
costs, particularly if there is a two or three month delay involved.
Mr. Thomas Peek, Consultant for the project, advised t~e board that
if the money was available the project could begin within thirty days,
however, said Mr. Peek, due to the advertising and bid requirements,
actual construction could not begin for sixty days.
Concerning whether or not the two systems can be financed separately,
and whether or not there would be a savings in time in this event, Attorney
Pickworth safd that the time period would be the same, from 75-90 days from
the time of resolution until there is a marketable bond issue unless there
is a challenge. He noted that a separate water issue could be challenged
as easily as a sewer issue,
Mr. Peek stated that his recommendation is still the same as it was
two years ago and that is to put in both sewer and water. He said that
there are separate documents and that the intent is to advertise them
separately but that they could be split should the contractors be
different parties. He added that it is immaterial which direction the
Board takes; however, he said that the Board should not separate the
two lInd "throw one away". Responding to COfm11ss'ioner Wimer's question
about the cost of the water system alone. Mr. Peek said that the cost is
approximately $500,000, following which the Commissioner suggested that
this money be borrowed from a bank on a one-year basis with most of it
being paid back by the property owners within that period. Further com-
menting, Commissioner Wimer observed that as much as $300,000 has been
1__ i
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November 27, 1979
spent for engineers and for studies for a water/sewer district and
that he does not see why $500,000 more or less could not be advanced
tl'l "actually put something in the ground". He said that every possible
measure should be taken to move ahead with the project which has been
delayed too long.
Mr. Berzon said that authorization has not been given to authorize
for bids on the project since the source of the money has not been
identified, pointing out that bids will not hold for more than 30-40
days.
Mr. Witt offered, fn the event the Board decides to "go ahead
on your own", to go to every property owner and try to receive cash
and said that he would probably get 50S of ft.
Concerning further action necessary from a legal standpoint,
Attorney Pickworth said that the Board has already given all the
authority that is needed unless there is some specific action desired
by the Board. He safd that he would check on the public hearing
requirements to determfne if one can be held right after another.
He said that this should not slow down what is now in progress. He
said further that an advancement from the General Fund can be
looked at to see if that is possfble.
In conclusion, Chairman Wenzel asked that the matter be brought
back to the Board December 4, 1979 with some positive recommendations
so that definitive action can be taken.
There being no further business for the good of the County,
the meeting was adjourned by order of the Chair - Tfme; 11:30 A.M.
BOARD OF COUNTY COMMISSIONERS/EX
OFFICIO GOVERNING BOARD(S) OF SPECIAL
DISTRICTS UNDER ITS CONTROL
.f+t