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BCC Minutes 12/04/1979 R Naples. Florida December 4. 1979 LET IT BE REMEMBERED, that the 1J0ard of County Conmissioners in and for the County of Collier. and Polso acting as the Governing Board(s) of such special districts as have been created according to law and having condur.ted business herein. met on this date at 9:00 A.M. in Regular Session in Bul1d1ng "F" of the Courthouse Complex with the following members present: CHAIRMAN: Clifford Wenlel VICE-CHAIRMAN: 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; Jean Swindle. Darlene Davidson (10:00 A.M.) and Edna Brenneman (1:30 P.M.). Deputy Clerks; C. William Norman, County Manager; Tony Pires, Assistant County Attorney; Planner Lee Layne. Planning Department; Clifford Barksdale, Public Works Administrator/County Engineer; Irving Berzon. Utility Director; Jeffory Perry, Zoning Director and Ray Barnett, Deputy Chief of the Sheriff's Department. BOARD OF COUNTY COMMISSIONERS FINAL AGENDA December 4, 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 ON! 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: November 6 and November 13, 1979 December 4, 1979 AGENDA WITH ADDITION - APPROVEO Commissioner Pistor moved, seconded by Commis~ioner Archer and carried unanimously, that the Agenda be approved with the following addition: 1. Data Processing Director's request for Board's approval of sole source of additional memory for the POP 11/70 - administrative computer. MlNUTES OF NOVEMBER 6. 1979 AND NOVEMBER 13. 1979 - APPROVED AS PRESENTED Commissioner Archer moved. seconded by Commissioner Pistor and carried unanimously, that tho minutes of November 6, 1979 and November 13, 1979 be approved as presented. PROCLAMATIOH DESIGNATING DECEMBER 4. 1979 AS "YOUTH IN GOVERNMENT DAY" - ADOPTED Following Commissioner Archer's reading of the Proclamation. in its entirety. Commissioner Pistor moved, seconded by Commissioner Archer and carried unanimously. that the Proclamation designating December 4, 1979 as "Youth in Government Day" be adopted. * * * * * * * * BOOK 050 PACE294- December 4. 1979 FLAG TO BE FLOWN AT HALF-MAST DECEMBER 4. 5, and 6, 1979 IN MEMORY OF DEPUTY SHERIFF ALLEN AMOS. KILLED DECEMBER 3. 1979 IN THE LINE OF DUTY. Commissioner Archer moved, seconded by Commissioner Brown and carried unanimously. that the Flag be flown at half-mast for the days of December 4, 5, 'and 6. 1979 in memory of Deputy Sheriff Allen Amos who was killed in the line of duty December 3. 1979. INTRODUCTION BY MR. BRANDT. OPTIMIST CLUB OF' NAPLES. OF STUDENTS PARTICIPATING IN COUNTY GOVERNMENT DURING "YOUTH FOR GOVERNMENT DAY" Mr. Brandt of the Optimist Club of Naples introduced the following students as being those that had experienced the nominating process. the campaigning for each particular office ~nd the resulting elections - using the new votamatic machines to obtain the final winners: LELY HIGH SCHOOL County Commissioner Vice Chairman Tax Collector Sheriff Public Defender County Attorney Building Inspector Director of Libraries Director of Personnel Director of Planning Consumer Affairs Director of Agriculture Property Appraiser Util Hies County Engineer Jiln Nebus Susan Josberger Wallace Arms George Aristzabal Heidi Ingle Wes Starling Rita Jain Jim Schulzt. Robin Smith Mi ke Vergo Charlotte Boleme Todd Baldwin Dekkey Nenieck John Groff Matt Milburn BARRON COLLIER HIGH SCHOOL State's Attorney Animal Control Clerk of Circuit Court Purchasing Director County Commissioners Chairman Parks & Recreation Data Processing Ci vl1 Defense County Manager Fi sea 1 Off1cer Health Officer Director Supervisor of Election Zoning Director Tim Minick Melody Kilgore Sherry Byrd Victor Gutierrez Karl a Hammett David Repicky Janet Trucks Paul Jorgensen Michael Gibson David Bernau L1 sa Sloan Linda Sevenson Paula Druse Raymond Larich James Lansperry After their introduction, each student took his place beside his counterpart in the Boardroom and in other parts of the County Complex. County Manager Norman issued the invitation for all participating students to have lunch with the Commissioners and Staff at the Steak Town at 12:00 Noon. n~n ~nt" 800K 050 PACE297 December 4, 1979 ORDltI~NCE NO. 79-96 REGARDING NZ-79-7-C. COUNTY PLANNING DEPARTMENT REQUESTING AMENDMENT TO SECTION 37, AGRICULTURE DISTRICT BY ADDING A PROVISIONAL USE TO AllOW FOR PROCESSING. DISTRIBUTING AND SIMILAR USES FOR AGRICULTURE PRODUCTS GROWN ON OR OfF-SITE AND PLACINu A TIME LIMIT ON THIS PROVISIONAL USE - ADOPTED legal notice having been published in the Naples Daily News on September 6, 1979 as evidenced by Affidavit of Publication previously filed with the Clerk. public hearing, having been continued from September 25. 1979 and October 30. 1979. was held to consider a proposed ordin~nce regarding Petition NZ-79-7C by the County Planning Department requesting amendment to Section 37. Agriculture District by adding a provisional use to allow for processing. distributing and similar uses for agriculture products grown on or off-site and placing a time limit on the provisional use. Ms. Layne stated the requested amendment is the result of a "CI" zoning petition. filed earlier in the year, for that property located on Airport Road and it was at that time that the Board requested Staff to "look at a change in the Agricultural District" instead of trying to rezone the lclnd to "conmercial". Continuing. Ms. Layne said that on November 15, 1979, the CAPC considered the revised amendment and recommended approval of same with a change of the language "roadways" to "arterials" and deleting the language "4 lane". In condusion, Ms. Layne gave the Staff's recommendation as being one of approval with the above-referenced change in language and indicated that both Mr. Scofield and Mr. Pulling were in the audience to be available to answer any questions that might be forthcoming. Mr. Wafaa Assaad of Wilson, Miller. Barton. Soll & Peek and representing Mr. Scofield and Mr. Pulling, reviewed the previous petition for "C-I" zoning for that property located on Airport Road and explained that said petition had been processed and had been recommended for approval by the CAPC. It was later at the public hearing held by the Board of County Commissioners during regular session that the Staff was directed to redraft the Agricultural District. Section 37 to allow Provisional Use. as previously identified, which Mr. Assaad said would accomplish the same desired result without rezoning the land. 1.__ .1 l---' December 4. 1979 There being no other persons registered to address the item. Commis- sioner Wimer moved, seconded by Commissioner Archer and carried unanimously that the public hearing b~ closed. Commissioner Pistor moved. seconded by Commissioner Wimer and carried unanimously, that the ordinance as numbered and entitled below. be adopted, as amended. and entered in Ordinance Book No. 10. ORDINANCE NO. 79 _ 96 AN ORDINANCE AMENDING ORDINANCE 76-30 THE COMPRERENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA 01" THE COASTAL AREA PLANNING DISTRICT BY AMENDING SEC- TION 37 - AGRICUL'l"URE DISTRICT BY ADDING A NEW SUBPARAGRAPH (10) TO PARAGRAPH 2C TO ALLOW PACKAGING, STORING, WAREHOUSING, RETAILING, OR DISTRIBUTING ESTABLISHMENTS FOR AGRICULTURE PRODUCTS WHETHER. GROWN ON OR OFF-SITE AND BY PROVIDING AN EF- FECTIVE DATE. ORDINANCE NO. 79-97 REGARDING PETITION CP-79-6C BY BOARD OF COUNTY COMMISSIONERS REQUESTING A COMPREHENSIVE LAND USE AMENDMENT FROM COMMERCIAL TO RESIDENTIAL, 0-4 UNITS PER GROSS ACRE ON PROPERTY KNOWN AS IDEAL FISH CAMP LOCATED ON OSCEOLA COURT, OFF INLET DRIVE ON MARCO ISLAND - ADOPTED Legal notice having been published in the Naples Daily News on November 2. '979 and in the Marco Island Eagle on November 22. 1979 as evidenced by Affidavits of Publication read by Linda Sevenson of Barron Collier High School and filed with the Clerk. public hearing was held to consider a pr~posed ordinance regarding Petition CP-79-6-C by the Board of County Commissioners requesting a Comprehensive Land Use Amendment from "Commercial" to "Residential", 0-4 units per gross acre on that property known as Ideal Fish Camp located on Osceola Court. Off Inlet Drive on Marco Island. Following Chairman Wenzel's statement that he had received a verbal request that Petitions CP-79-6C and R-79-32C be continued until sometime next year. Commissioner Pistor moved. seconded by Commissioner Archer and carried 4-1 with Chairman Wenzel dissenting, that a decision be made during the regular session this date. Chairman Wenzel asked that the record show the request for continuance was denied. Planner Lee Layne presented Petition CP-79-6-C requested by the Board of County Commissioners which will amend the Land Use shown on the Comprehensive Plan so as to make the property known as Ideal Fish Camp compatible with the BOOK 050 PACE 299 December 4. 1979 surrounding land uses - the property is presently shown on the Comprehensive Plan as "Commercial Land Use". The request is to change it to "0-4 Residential Land Use". She identifie~ the property as being located off South Barfield Drive and off Osceola Court in what is known as the "Estates Area" of Marco Island. Continuing, Ms. Layne stated Staff had reviewed the petition and was recommending approval of the change to residential for the following reasons: 1. The Comprehensive Plan requires that Commercial facilities be compatible with and complimentary to other nearby buildings and to the surrounding general area as well. The present commercial land use is not compatible with the surrounding area which is designated residential and surrounded by single-family homes. 2. The Comprehensive Plan requires that commercial traffic on residential streets be ntinimized. The present commercial use is inconsistent with this policy. She concluded that the CAPC had held their public hearing on this petition on November 15. 1979 and recommended forwarding a recommendation of approval of the change of land use based on Staff's recommendation. Chainman Wenzel asked Ms. Layne the following question. stating this same inquiry had been made of him several times. "Did she not feel. since the land had been zoned years ago, that the "commercial" should take preference over the "residential" which in fact was not in existence at the time of the original zoning?" Ms. Layne answered that this was not necessarily so - explaining if the area had become residential then this portion of the land should abide by a compatible use. Mr. Robert Williams. Attorney from the firm of Carrol. McPeak, Bolesky and Schryver, stated that Mr. Tracy Bolesky, Attorney from the same firm, was to have been present to represent his client. Mr. Walter Sundstrom, but because of an emergency hearing in court, was unable to do so. Because of his complete lack of knowledge of the petition. Mr. Williams repeated the request for a postponement of the item until such time Mr. Bolesky could be present. Again Chairman Wenzel asked for the pleasure of the Board and it was the recommendation of Commissioner Pistor and Commissioner Wimer that the hearing continue and that a decision be reache Commissioner Pistor's reason being that all the arguments regarding this petition had been heard a number of times before and Commissioner Wimer's reason was voiced as being there were many people registered to speak and the Board should "go ahead w;-th it" but leaving an opportunity for the item to be continued later in the meeting if that would be the consensus of t~e Board. L-Al L...JI A.--I December 4, 1979 County Manager Norman called the first of seven registered speakers: Mr. John Lauritzen of 1963 Caxambas Drive. Marco Island spoke in agreement with the proposed rezoning of the ~rty known as Ideal Fish Camp and stated t~~t allowing Mr. Svndstrom to build a commercial venture on the subject property would be not only a "travesty of justice" but would be illegal spot zoning. In answer to Chairman Wenzel's question as to whether or not Mr. Lauritzen had been told that this piece of land was zoned "commercial" at the time he brought his property, Mr. Lauritzen answered in the negative. Mr. H. W. McNey of 1071 South Barfield, Marco Island stated he ^greed completely with the remarks made by Mr. Lauritzen and added that. even though he had determined through his own initiative that the property in question was zoned commercia\ hewa~ led to believe that the use of the land had to be continuously one of commercial before it could be "grandfathered in". Assistant County Attorney Pires explained that there was no question of "grandfathering in" involved in the issue at all. Mr. William Berger of 941 Scott Drive. Marco Island said he did not want to be repetitious but he. together with "everybody in my area.', feels that the little spot should be rezoned "RS-3" and one small operation should not be allowed to disrupt the entire area. In answer to Chairman Wenzel's question as to whether or not he had been advised of the existence of subject "area" Mr. Berger replied in the negative. Mr. Robert Kennedy of 1850 Inlet Drive. Marco Island stated he had purChased his property in 1969 and kn~ of the subject property being located so near to his homesite but had been told by the salesman from Deltona that once the area had been completely developed into the present estate develop- ment. the owners would be "boxed in" and would have to relinquish the com- mercial zoning. Mr. Kennedy also stated that "finanr.ial loss is not the criteria but the publiC good" and asked that the Board rezone the property to residential. Mr. Emmett B. Adams of 1665 Ludlow Road, Marco Island stated he knew the property was zoned commercial but thought th~ proposed apartment dwelling planned by Hr. Sundstrom would be completely out of character and asked the Board to rezone the subject property as recommended by Staff. Mr. Earl Vincent Johnson of Coastal Area Planning Commission stated the CAPC had recommended unanimously to the Board that the proposed zoning Change be made and reviewed his personal trip to view tht area. Mr. Johnson said it was unfortunate that when tt-e Comprehensive Plan was "repassed" that this "CI" zoning was maintained at that particular point and he asked that the Board rezone the property as recommended in the petition. Mr. Josiah W. Bennett of 1645 Ludlow Road. Marco Island said he strongly supports the rezoning of the subject property so that it will be compatible with the rest of the estate area. He also said he was not told that the land was zoned commercial when he purchased his lot in 1966. Following the registered speakers. Mr. Sundstrom spoke in defense of the present zoning on the property known as Ideal Fish Camp and his proposed com- mercial venture. reviewing past petitions concerniny the subject area. He gave an explanation for his past requests for continuance as being illness and a periOd of recuperation out of the City. Mr. Sundstrom maintained throughout ~OOl 050 PACEiU1 December 4, 1979 his remarks that he had done everything requested of him by the various concerned agencies of the County and that the property had been in continuous commercial use. He reiterated he had offered the property to anyone in the e~tates area for a purchase price that would include all thE! monies that have been spent on the project during the last five (5) years and, even though he had had no one interested a~ of this date. ~e was still willing to sell. He concluded his remarks with the statement he was looking for American justice. Commissioner Pistor disagreed with the statement that Mr. Sundstrom had maintained a commercial enterprise on the prcperty continuously while Commis- sioner Archer stated that the Board of County Commissioners had. in November. 1975. permitted Mr. Sundstrom, by a 4-1 vote, to go ahead and use the granted permit with the understanding that Mr. Sundstrom would renovate the buildings and proceed with the original plan of a boatel. Commissioner Archer stated that this had not been done and that Mr. Sundstrom had changed his mind as to what he actually was going to do. Commissioner Archer asked Assistant County AttorneJ' Pires what would be the next action opened to Mr. Sundstrom following today's Board action. Mr. Pires replied that Mr. Sundstrom's recourse would be in Circuit Court and added that the "stop work order" on the residences had been based on health reasons not the subject matter of this petition. Attorney Williams asked that the record show, once again. that Mr. Tracy Bolesky. Attorney for Mr. Sundstrom was not able to attend the meeting, therefore, Mr. Sundstrom had been effectively denied representation of counsel by the Board with their action of not postponing the matter until Mr. Bolesky could be here. He stated that Mr. Bolesky was not present due to unavoidable absence. At this time. Chairman Wenzel wanted it noted that the firm of Carroll and McPeak. et al had telephoned him "the other day" wanting a postponement which he had brought before the other Board members earlier in the meeting and it had been denied. Commissioner Wimer asked Mr. Pires if the Board could proceed and still be legally correct. Mr. Pires then questioned Mr. Williams regarding Mr. Bolesky's absence - i.e. what was the nature of the emergency to which Mr. Williams replied it was a court proceeding in December 4. 1979 Collier County in addition to the taking of a deposition. Mr. Pires opined that Mr. Bolesky could have taken time from the deposition to appear on behalf of Mr. Sundstrom. County Manager No~n stated that the petition had been continued before because of Mr. Bolesky's unavailability to attend. There being no additional registered speakers Commissioner Archer moved, seconded by Commissioner Pistor and carried unanimously, that the public hearing be closed. Mr. Earl Vincent Johnson gave an additional explanation regarding the continuance of Mr. Sundstrom's petition before the Coastal Area Planning Commission and stated he felt he, himself, had done all he could to accommodate the petitioner. Commissioner Pistor moved, seconded by Commissioner Archer and carried 4-1. with Chairman Wenzel dissenting, that the Ordinance, as numbered and entitled below, be adopted and entered into Ordinance Book No. 10. ORDINANCE 79 - 97 AN ORDINANCE AMENDING ORDINANCE 79-32, THE COMPREHENSIVE PLAN FOR COLLIER COUNTY, FLORIDA, BY AMENDING THE LAND USE ELEMENT WORK STUDY AREA MAP 4 FROM CO~ERCIAL TO RESIDENTIAL 0-4 UNITS PER GROSS ACRE ON THE FOLLOWING DESCRIBED PROPERTY; PROPERTY LOCATED IN SECTION 21, TOWNSHIP S2 SOUTH, RANGE 26 EAST KNOWN AS IDEAL FISH CAMP AND PROVIDING AN EFFECTIVE DATE. .~ ORDINANCE 79-98 REGARDING PETITION R-79-32-C, BOARD OF COUNTY COMMISSIONERS REQUESTING REZONING FROM "CI" COMMERCIAL INDUSTRIAL TO "RS-3" RESIDENTIAL SINGLE FAMILY ON PROPEP.TY KNOWN AS IDEAL FISH CAMP LOCATED ON OSCEOLA COURT ~FINLET DRIVE ON MARCO ISLAND - ADOPTED Legal notice having been published in the Naples Daily News on November 2. 1979 and in the Marco Island Eagle on November 22. 1979 as evidenced by Affidavits of Publication filed with the Clerk, public hearing was held to consider a proposed ordinance regarding petition R-79-32-C filed by the Board of County Commissioners requesting a rezoning from "CI" Commercial Industrial to IRS_3" Residential Single Family on property known as Ideal Fish Camp located on Osceola Court off Inlet Drive on Marco Island. .~ , MIW n~ P'''C' An, , ~ODK 050 PAGEaD3 December 4. 1979 . There being no additional speakers registered to speak than those that had spoken on the previous companion item. Commissioner Archer moved, seconded by Commissioner Pistor and carried unanimously. that the public hearing be closed. Commissioner Pistor moved. seconded by Commissioner Archer and carried 4-1 with Chairman Wenzel di~senting. that the Ordinance. as numbered and er.titled below. be adopted and entered into Ordinance Book 10. ORDINANCE 79 - 98 AN ORDINANCE AMENDING ORDINANCE 76-30, THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF THE COASTAL AREA PLANNING DISTRICT OF COLLIER COUNTY, FLORIDA BY AMENDING THE ZONING ATIoAS MAP NUMBER MI-9 BY CHANGING THE ZONING CLASSIFICATION FROM "CI" COMMERCIAL INDUSTRIAL TO "RS-J" RESIDENTIAL SINGLE FAMILY: PROPERTY LOCATED IN SECTION 21, TOWNSHIP 52 SOUTH, ~~GE 26 EAST KNOWN AS IDEAL FISH CAMP AND PROVIDING AN EFFEC- TIVE DATE * * * RECESS: 10:10 - 10:15 A.M. at which time Deputy Clerk Swindle was replaced by Deputy Clerk Davidson. * * * ORDI~~NCE 79-99 RE PETITION R-79-38-C, MOORINGS. INC.. REQUESTING AN AMENDMENT TO PARAGRAPH 8 OF ORDINANCE 79-19. MOORINGS PARK PUD BY CHANGING THE MINIMUM FLOOR AREA FROM 900 SQUARE FEET TO 800 SQUARE FEET - ADOPTED Legal notice having been published in the Naples Daily News on November 14, 1979 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition R-79-~C, Moorings. Inc.. requesting an amendment to Paragraph 8, of Ordinance 79-19. Moorings Park PUD by changing the minimum floor area from 900 square feet to 600 square feet. Planner Lee Layne explained that Mr. Fred Allen, representing Moorings, Inc., is requesting a reduction of 300 square feet in the minimum floor space as set out in Paragraph 8 of the PUD for Moorings Park within Ordinance 79-19. Ms. Layne reported that the CAPC held a public hearing to consider this matter on November 1. 1979. with 5 members present. and that they recommended the approval of Petition R-79-38-C. December 4. 1979 Mr. Allen answered the questio~ of whether or not the proposed reduction would affect all of the dwellfng units in the proposed Moorings Park pro- ject by stating that only some of the units would be reduced, and that the units would be of varyinq sizes. Hearing no further persons were registered to speak, Commissioner Wimer moved to close the pUblic hearing. Commissioner Archer seconded the motion which carried 5/0. Chairman Wenzel called for the wishes of the Board, and Commissioner Pistor moved to approve Petition R-79-38C, Moorings. Inc., requesting an amendment to paragraph B of Ordinance 79-19 of Moorings Park PUD, by changing the minimum floor area from 900 square feet to 600 square feet. be approved and that the Ordinance, as numbered and entitled below, be adopted and enter~J into Ordinance Book No. 10. The motion was seconded by Commissioner Archer and carried 5/0. ORDINANCE 79 - 99 AN ORDINk~CE AMENDING ORDIN~~CE 76-30, THE COMPREHENSIVE ZO~ING REGULATIONS FOR THE UNINCORPORATED AREA OF THE COASTAL AREA PLANNING DISTRICT AND ORDINANCE 79-19, THE ~IDORINGS PARK PLANNED UNIT DEVELOP~~NT DOCUMENT BY CHANGING THE !;~NIMUM FLOOR . AREA FROM 900 SQUARE FEET TO 600 SQUARE FEET ON PROPERTY LOCATED IN SECTION 15, TO~~SHIP 49 SOUTH, RANGE 25 EAST WHICH IS LOCATED WEST OF THE COUNTY CLUB OF NAPLES AND BY PROVIDING AN EFFECTIVE DATE PETITION SMP-79-5-C. TAGE BERTELSEN-REQUESTING SUBDIVISION MASTER PLAN APPROVAL FOR PROPERTY LOCATED IN SECTION 11. T50S. R25E, LOCATED EAST OF SHADOWLAWN SCHOOL AND KNOWN AS SHADOWLAWN COVE - APPROVED WITH CERTAIN STIPULATIONS AND EXCEPTIONS Legal notice having been published in the Naples Daily News on November 18, 19J9 as evidenced by Affidavit of Publication filed with the Clerk, publfc hearing was opened to consider Petition SMP-79-5-C. Tage Bertelsen. requesting Subdivision Master Plan Approval for property located east of Shadowlawo School and known as Shadowlawn Cove. Planner Lee Layne referred to a map as she depicted the location of the petitioner's proposed Subdivision. She further reported that Mr. Bertelsen wishes to develop six single-family homes on the site and had reduced this number from ten lots. She said that the Subdivision Committee reviewed the petition on September 19. 1979 and recommended approval subject to the following stipulations and exceptions: 1. Grant an exception from a 60' ROW to a 20' ROW. ~OOK 050 'AcEal5 December 4. 1979 2. Grant an exception from a 24' wide paved road to an 18' wide paved road to be maintained by the owner. 3. Pave Andre~~ Avenue from Caledonia Avenue to petitioner's prc,,,erty line. 4. Final construction drawing must be submitted to WMAB and County Engineer prior to start of any development. 5. Recommendations as p~r memo from T. Kuck, Engineering Director must be incol'porated in final design for cul-de-sac. as follows: a) Minimum inside and outside radius for the 90 de- gree turn will be 19.3 feet and 36 feet. respectively. b) Recommended feet dimensions to be followed to allow clearance for two vehicles as per said memo of 10.25.79. Commissioner Wenzel questioned Mr. Bertelsen as to the acceptance of the above-mentioned stipulations and exceptions. Mr. Bertelsen agreed to all of them. as well as pointed out to the Board that he was working with the Health Department's regulations for septic tank installation and was well aware of the advantages of installing them high enough to facilitate good drainage. Ms. Layne told Commissioner Pistor that the petitioner was aware that the road in question would not be maintained by the County and further stated that he had been notified that it would be the responsibility of the homeowners. Hearing nn one else registered to speak Commissioner Archer moved, seconded by Commissioner Pistor and carried unanimously 5/0. that the public hearing be closed. Commissioner Pistor moved, seconded by Commissioner Archer and carried unanimously 5/0. that Petition SMP-79-S-C. requesting approval for the Subdivision Master Plan for property known as Shadowlawn Cove be approved with the above-mentioned stipulations and exceptions, as recommended by the Subdivision Committee and Mr. Kuck of the Engineering Department. RESOLUTION 79-178 RE PETITION CCCL-79-5C. GEORGE L. VARNADOE FOR VBC LIMITED. REQUESTING A VARIANCE FROM THE COASTAL CONSTRUCTION CONTROL LINE TO REMOVE 100 AUSTRALIAN PINES - 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 opened to consider Petition CCCL-79-5C. George L. Varnadoe repre- senting VBC Limited, requestin9 a variance from the Coastal Construction Control Line established by Ordinance 75-19 to remove 100 small Australian pines. 1 ""-..--.... ... . . -- December 4, 1979 . , Principle Planner Danny Crew presented facts pertinent to Petition CCCL-79-5C including the location as pointed out on a map, and said that the Community Development Administrator recommends approval of the requested variance. subject to certain stipulations as contained within the proposed resolution. Mr. Varnadoe reported that the property in question is seawalled on the gulf side, and that the seawall extends approximately 6' below the surface of the ground, which prevents erosion and also has replaced the normal vegetation line. He pointed out that the Australian pines he has requested be removed present a danger to the seawall and dune area because of their root structure. He said he intends to replace said trees with typical vegetation including sea oats; sea grape; coconut palms; 'and cocopllJm. Hearing no other persons were registered to speak on the matter. Commis- sioner Archer moved. seconded by Commissioner Pistor and carried unanimously 5/0. that the public hearing be closed. Commissioner Archer moved that Resolution 79-178 granting a variance from the Coastal Construction Control Line established by Ordinance 75-19. and allowing the removal of 100 Australian pines as requested by VBC Limited. in Petition CCCL-79-5C. be adopted. Commissioner Pistor seconded the motion and it carried unanimously 5/0. * * * * * ne:::f"'I _ ,"DnQ L--__R_... a.-.. - December 4. 1979 INTENT OF BCC'S DECISION REGARDING THE LENGTH OF BOAT DOCK FOR SOUTH 1/2 OF LOT XIII. VANDERBILT BEACH TO BE 75 FEET IN LENGTH WITH AN ADDITIONAL 12 FEET OF MOORING PILING - CLARIFtED County Manager C. W11liam Norman explained that several weeks ago the Board approved the construction of a dock in the Vanderbilt area and that subsequent to that. certain questions were asked of staff re the intent of the Board regarding the length of the said dock. The questions were directed at the alternatives as follows: 1. Did the Board mean for the dock structure to be inclusive of the mooring pilings; therefore approving 75 feet total length. 2. Did the Board mean for the dock structure to be only the "dock" portion and exclusive of the pl1ingsi therefore approv- ing B7 feet total length. He said that the question of either the inclusion or the exclusion of the requested twelve feet of mooring pilings was not addressed in the official motion. He added that the residents of the area have requested that the Board clarify their decision regarding same and that this is the purpose of the matter being on the agenda today. He stated that the Zoning Director and the Principle Planner have been researching the matter and are present for questions from the Board. Mr. Norman also pointed out that it has been suggested that the Zoning Ordinance be amended to clarify the regulations of the length of docks in the future. and that Messrs. Perry and Crew have been working on that. Chairman Wenzel asked Assistant County Attorney Tony Pires to define a dock and to explain whether or not mooring pilings that extend beyond a dock and that are not attached to the dock are considered part of that dock. Mr. Pires said that there is only one definition within the Zoning Ordinance that addresses itself to the question and that is that a "dock" is a walkway protruding into a waterway. which provides access to a moored boat. He added that he believes the Board has the authori~ to make the interpretation as to what part constitutes the boat dock and all other accessory parts to it. Chairman Wenzel and Mr. Pires referred to the developer having to make application for said dock to the Corps of Engineers and the DER. Chairman Wenzel said that perhaps the question would be clarified by these entities as to what makes up a "dock". Mr. Pires pointed out that the determination is in the Coun~'s Zoning Ordinance. &tlOK 050' fACE313 December 4. 1979 . Mr. Michael Moore. representing the Vanderbilt Beach Property Owners Association. said that his organization is aSking for consideration on the total obstruction in the waterway, including the pilings, to be determined as the "dock". He said that this would limit the total obstruction to 75 feet and not the 99 feet applied for by the developer in their OER application. He referred to the developer as having applied for a dock of 75 feet in length and an additional 24 feet of mooring piling. He said that his organization feels that the intent of the Board when they made their decision was to limit the total obstruction out into the water to 75 feet. Commissioner Pistor said that it is his hope that staff comes out with a better definition of a "dock". He said that it was his opinion that the definition should include the mooring pilings as part of the determining length. Chainman Wenzel concurred, but he pointed out the fact this change in the Zoning Ordinance would not affect the problem being considered today. because he belieresthat any amendment to the Zoning Ordinance will only apply to future approvals etc. and will not affect the dock in question as it has been approved by the Board under the present Zoning regulations. Assistant County Attorney Pires agreed. In answer to Mr. Norman's request for the Board to state their intention at the time they approved the dock in question. Commissioner Archer said that at the time the motion was made it was twa-1bld; 1) that if a seawall were used, the dock would extend 50 feet, and 2) if riprap were used. the dock would go out to 75 feet. He said that it was his contention that the out- pilings. or mooring pilings are still part of that dock. He noted that at the time of the vote on the motion he had voted against the motion. He concurred with Mr. Norman that clarification of the motion was needed. He said he feels the Board was voting on the length of the total obstacle that was out in the water as 75 feet. He later stated that when the vote took place he had voted against it because he was against granting variances for State owned properties for the financial benefit of private developers. Mr. Carl Gilzow. resident of Vanderbilt Beach. said that any obstruction in a waterway constitutes a hazard in that waterway. and both the dock and pilings in question do constitute an obstruction. He said that if the Board is considering the degree of hazard. then they mu~t consider the mooring pilings as part of that hazard, therefore, the pilings should be considered ..-""..... .....-..._.4rl December 4. 1979 part of the "dock". George Varnadoe. Attorney, representing the developer. referred to Resolution No. 79-120. He read parts of same aloud and went on to say that he feels it is perfectly clear as to the length of the dock. He said that according to the definition in the Zoning Ordinance of the word "dock", the 75 feet length is only applicable to the dock itself exclusive of the mooring pilings. He also read portions of the letter dated November 12. 1979 from the Vanderbilt Beach Property Owners Assn. and reaffirmed his feeling as to the clarity of the matter by pointing out the fact that when first petitioned for. as well as every time the matter was before the BCC for consideration. Mr. Dane. project engineer, has always requested mooring pilings beyond the dock; and that Mr. Dane has never requested these pilings be considered as part of the dock. He gave a summary of all the proceedings that his client had been involved in regarding said dock. including those with the BCC, the DER and the Corps of Engineers. He stated that in all these proceedings. applications. and petitions. his client has made it clear that he wished to add mooring pilings out past the permitted dock to accommodate additional boot mooring facilities for the proposed development. lie noted that when requested to reduce the proposed length of the dock at previous public hearings with the BCC. his client did so by some 17 feet, but had at that time made it clear that there would be an additional 12 feet of pilings. Mr. Varnadoe pointed out what he feels are contradictions within the Vanderbuilt Property Owners Association's request to the OER for a publiC hearing. He also addressed the confusion brought forth due to an error in the application his client made to the DER that showed the revised plan for the dock as 75 feet and depicted the mooring pilings as an additional 24 feet out into the water. and noted that that application has been revised to show plans for only 12 feet of pilings. He concluded by reiterating that his client under- stood the reduction requested by the BCC was to be directed towards the dock alone and that his client, Mr. Dane, has made the reduction in the length of the dock to 75 feet; he believes that the pilings were to be in addition to the dock. Mr. Varnadoe also pointed out that the pilings were not a "walkway into the waterwaY". and noted that Mr. Pires had given the definition of a dock as same. ..-, '\ WOK 050' PACE315 December 4. 1979 During the discussion by the Board members several questions were raised and among them were whether or not the clarification of the word "dock" or the intent of tne given length of 75 feet as related to Mr. Dane's petition and resulting Resolution would have any effect on the OER's and the Corps' permitting of said dock? Mr. Varnadoe pointed out that it would because they have requestd these agencies to permit the 75 foot dock and additional 12 feet of pilings and these agencies require prior approval for same by the County. He said that if it were determined today that the pilings were to be part of the 75 feet approved. then the other agencies would not grant permits for anything but that. Chairman Wenzel stated that perhaps the best solution would be to poll the BOfird and ask the intent of each member when he voted for adoption of Resolution No. 79-120. Commissioner Brown said that when he voted o~ 75 feet. he meant that it be dock footage, and the piling would be out beyond that. He clarified that statement by saying that it is understood that they both serve two different purposes. Commissioner Wimer agreed. saying that it was his understanding that he voted on only the length of a dock, with additional pilings. He said the pilings were presented by the petitioner as separate from the dock. Chairman Wenzel agreed that each served a different purpose and that no matter what the length of the dock. additional pilings to tie the sterns of docked boats would be needed. Commissioner Pistor clarified his intent as being different, in that ~t the time of voting he thought he was voting on the entire obstruction as being 75 feet. inclusive of pilings. and he realizes now that our Zoning Ordinance's definition differs from his thoughts on the matter. and do not describe a dock in that way. He further stated that he thought the entire hazard out in the water would be only 75 feet. Chairman Wenzel stated that at the time of he voting he did not give any thought to the pilings. and only was thinking of 75 feet of dock. Commissioner Archer declared his feelings at the time of the vote earlier in the meeting and had given his intent as one that considered the pilings as part of the 75 feet. Chairman Wenzel stated that apparently two Com- missioners had voted on what they felt was the total length inclusive of the pilings, and two had voted on only the length of the do~k. excluding the pilings. He said that one vote was case without regard to the inclusion or exclusion of said pilings. December 4, 1979 Mr. Norman presented an oral staff report that gave staff's interpretation of the resulti~g vote. He said thftt it was staff's interpretation that according to the Zoning Or~inance, and an analysis of all the discussions regarding the dock in question. it is determined that the motion was intended to include the 75 feet length for the dock structure along with an additional 12 feet of mooring piling. Chairman Wenzel asked for any comment on the staff report. and no motion followed. Chairman Wenzel stated for the record that it be made clear that upon hearing the oral staff report re interpretation of decision regarding the resultant length of the Vanderbilt boat dock. the Board does not renege this interpretation. and therefore. the staff report stands. He received concur- rence from Mr. Pires that the total obstruction of 87 feet is allowed. Mr. Moore asked to clarify certain points, and said that when he wrote the letter to DER. "it was clearly implied during the Commission meeting that the Board meant at a minimum. 12 feet. not 24 feet," and he said that is why he wrote the letter. He urged the Board to develo~ some regulations so this does not happen again. Chairman Wenzel noted that staff has been instructed to do so. Commissioner Wimer expressed his feeling that he is uncomfortable with situations such as happened today, and hopes that staff follows through \~ith definitio~s and clarifications that are not open to so many interpre- tations in tile future. Commissioner Archer moved. seconded by Commissioner Pistor. that staff be directed to incorporate into the Zoning Ordinance a provision for the inclusion of pilings, bouys, etc. and all obstructions re same to be included in the definition of the word "dock". Danny Crew, Principle Planner, noted that this has been taken into account and a draft for such an Ordinance will go to the CAPC on December 20th. The motion was withdrawn. PETITION TO VACATE A DRAINAGE EASEMENT ON PARCEL G AND H OF PELICAN BAY UNIT ONE. SECTION 9. TOWNSHIP 49 SOUTH. RANGE 25 EAST - ADVERTISING AUTHORIZED FOR PUBLIC HEARING ON DECEMBER 18, 1979 Commissioner Wimer moved, seconded by Commissioner Pistor and carried with a unanimous 5/0 vote, that the Petition to vacate a drainage easement on Parcel G and H of Pelican Bay Unit One. Section 9. Township 49 South, Range 25 East. be advertised for public hearing on December 18. 1979. " " f"tt::n .fHr aOOK 050 PACE317 December 4, 1979 RESOLUTION 79-179 ESTABLISHING 45 MPH SPEEO ZONE ON GOLDEN GATE BOULEVARD BETWEEN ISLES OF CAPRI ROAD (C.R.951) AND WILSON BOULEVARO - ADOPTED Conmissioner Archer moved, seco;,ded by Commissioner Wimer and carried unanimously 5/0. that the established speed limit on Golden Gate Boulevard between the Isles of Capri Road and Wilson Boulevard be 45 M.P.H. and Resolution 79-179 establishing same be adopted. * * * * * * * * * * \ 050 PACE 319 December 4. 1979 FINAL PLAT OF PALMETTO DUNES APPROVED FOR RECORDATION PENDING RECEIPT OF THE EXECUTED IRREVOCABLE LETTER OF CREDIT, AS REQUESTED BY LELY ESTATES. INC. County Engineer Barksdale reviewed the approval of the Palmetto Dunes by the BCC on July 24, 1979 a~ well as the fact that the recording was to be held until such time as all the construction was completed or until adequate security was provided. lely Estates Inc.t has requested to file the plat and is in the process of submitting an Irrevocable Letter of Credit from the Barnett 2ank equal to 110% of the cost of constructiont along with the required Maintenance Agreement, he said. He added that staff has reviewed the draft and the amount of security. $411,528~OO, and are in agreement, thereforet it is recommended that the Board approve the final plat for recording. pending the receipt of the Executed Irrevocable Letter of Credit. Commissioner Wimer moved, seconded by Commissioner Archer and carried unanimously, 5/0, that the aforementioned plat be approved for recordation. pending the receipt of the Irrevocable Letter of Credit. DESIGNATED HOLIDAYS APPROVED County Manager Norman presented the Board with a list of proposed "designated holidays" as set forth in Section 23 of Collier County Personnel Policies and Procedures. Commissioner Wimer moved, seconded by Commissioner Archer and carried unanimously 5/0. that the following dates be approved as "Deslgnated Holidays" for 1980. New Years Day Washington's Birthday Good Friday Memorial Day Independence Day Labor Day 111/80 2/18/80 4/4/80 5/26/80 7/4180 9/1/80 Thanksgiving Day Day after Thanksgiving Afternoon/Christmas Eve Christmas Day after Christmas 11127/80 11/28/80 12/24/80 12125180 12126/80 '-_ ---A a...-....a December 4. 1979 STAFF DIRECTED TO CONTINUE NEGOTIATIONS WITH AMERICAN AMBULANCE AND PREPARE A PROPOSED CONTRACT FOR AMBULANCE SERVICE FOR BOARD APPROVAL BY DECEMBER 16. 1979 Mr. Norma" reported that he hel(' provided the Board with substantial information as to what has been transpiring between the County and American Ambulance regarding the negotiations for a new contract thll is to become effective on DE!cember 16. 1979. He added that it had not been an easy task on the part of either party and that numerous problems have occurred such as confusion introduced through the premature publication of certain backup material as well as delays due to the apparent unavailability of persons at certain times on the part of both sides. He reported having held numerous meetings and the amount of effort that has bep.n put into getting the negotiations as far as they are at this point in time. He said that given this background, he is today, making a two..fold request as follows: 1. He is requesting an indication of the feelings of the Board as to the basic legal and administrative approach which staff has recommended in order to carry out the Board's wishes regarding the methodology of payment to American Ambulance. 2. If the Board agrees with the approach he is requesting their approval for an extension until January 31, 1980, of the present contract to allow time for further nego- tiations towards a new contract; and, if the Board dis- agrees, he welcomes any suggestions they might have as to the modifications of the afore-mentioned approach. Commissioner Pistor said that he felt this matter should be workshopped rather than discussed at a Regular Meeting. Commissiontr Archer moved to accept staff recommendations to proceed with negotiations on the basis of contract concepts as contained in the proposals submitted within the Executive Summary, and to extend the December 16. 1975. American Ambulance Management Agreement to January 31. 1980. Commissioner Brown seconded the motion. Commissioner Archer noted that he was somewhat disillusioned with the action taken thus far with regards to the negotiations. Commissioner Wimer clari- fied the fact that the present contract runs out on December 15. of this year. and the extension would be approximately six weeks. He also asked Mr. Maguire if he was in agreement with the extension? Mr. Maguire. President of American Amhulance. stated that he had not been informed of the County's proposal for the extension and Mr. Norman said that the County and American Ambulance have not been able to get together to discuss the issue of the extension. Chairman Wenzel asked ,. ~, '. I t aoOK 050 rACES21 December 4, 1979 Mr. Norman if he had asked Mr. Maguire to meet with him to discuss this and Mr. Norman replied affirmatively. When asked if he agreed to the proposed ext2nsion of ~ontract. Mr. ~~guir~ :aid he could not answer at this point in time. He gave a statement that included the following facts: 1. American Ambulance has been providing EMS for nine years and have attempted to do their best in every situation, consequently, American Ambulance has been recognized by the medical profession as well as the residents of the County as being a very professional organization. 2. American Ambulance has always honored their word regarding matters relating to any contact with the BCC, as well as always acted in good faith. 3. American Ambulance feels they and the BCC should share the common cause of the welfare of the Citizens of Collier County. 4. It is American Ambulance's desire to continue in this endeavor, maintaining that bond of good faith and good service. He asked, "What has happened to the mutual trust and understanding that we all enjoyed when American Ambulance was diligently providing quality service without complaints?" He noted that after the August 6, 1979 BCC meeting, American Ambulance submitted a proposal contract to the County; three meetings were held and negotiations went on. He said that at these meetings. it had been decided that American Ambulance had met the audit requirements set out by the State and. when he left those meetings. he was under the impression that a new contract had been agreed on. He said that after many phone calls to the County inquiring as to the finished draft of said contract, it was not until November 6, that he received a completely new contract proposal that completely ignored the propos a he had thought were agr ed on at the earlier meetings. Hr. Maguire referred to the County Manager and staff making reference to their claims of having no expertise on ambulance services. and noted that they still do not listen to American Ambulance representatives. He also noted that County staff claims to have worked over 200 man-hours preparing contract proposals, and that he feels this time spent has not produced an appropriate proposal. Referring to the "Cost Analysis Report", Mr. Maguire pointed out several discrepancies that were backed up by an audit that the COI.lnty had contracted, pointing out that American Ambulance does in fact operate with a minimum of 3 1/2 units, and ln fact, at times as many as 6 units have been in service at one time to L_J { L.J December 4. 1979 handle the needs of the community. Mr. Maguire stated that at the time American Ambulance entered into the contract for EMS with the County, the Board's directive was tr. give a service and watch the taxpayer's pocketbook. He confirmed that his firm has done this. Mr. Maguire stated other related information regarding the County's apparent need for more ambulances. and higher costs for same. He covered the area of denied studies that he has requested approva' for that may have helped determine the best way to handle the situation as well as expressing his personal feelings regarding the County staff. and the Board's directives to same. Mr. Maguire said that the proposals brought forth were among other things. useless, costly, and pointless, and he requested 'Board intervention in forming the new contract. Mr. Maguire noted that the publicity these contract negotiations have gotten has begun to spread apprehension from the public about the quality of EMS services that American Ambulance and the Board have worked so hard to maintain, and he said that there is a need within the County to move towards completing the negotiations to preserve the good name of both the Commissioners and American Ambulance. He stated that he would never let the County Commissioners nor the residents of the County down. He reaffirmed the need for Board intervention to complete the negotiations swiftly, for the good of the community. Commissioner Brown asked if he would request the proposed extension, and Mr. Maguire answered negatively. He also noted that there have been no meetings with the County in the last two weeks. Hearing this, Commissioner Brown withdrew his second of the motion on the floor. Chainman Wenzel suggested a swift end to the belabored negotiations, and offered to sit in on any meetings that Mr. Norman and Mr. Maguire would agree to have. Commissioner Wimer expressed his feeling that this matter had been longer than necessary. and stated that all the Board wants is to see quality ambulance service in the County, and Chairman Wenzel said that he favored the old contract terms whereby the County picked up the uncollected bills. Commissioner Wimer stated that he was tired of extensions and ~? ,'. , I 800<< 050 fACE323 December 4. 1979 wanted to see factual information and a new contract before him before the ~~ine of the present contract. He also said he would not vote for ani more extensions no matter whO ..sked for them. Chairman Wenzel asked that Mr. Maguire either reject, approve, or amend the contract proposal that the County has sent to him. Mr. Maguire ~cknowledged the fact that he understood which contract proposal was intended by the Chairman and further agreed to sit down and meet with Mr. Norman. and Chainman Wenzel to comply with the request from Chairman Wenzel. Chainman Wenzel directed Mr. Nonman to set up a meeting with Mr. Maguire and noted it was his wishes to settle the matter within tha time frame of the present contract's expiration. BID #384- ROAD GRADER - AWARDED TO FLORIDA GEORGIA TRACTOR COMPANY - IN THE AMOUNT OF $48.500 Legal notice having been published in the Naples Daily News on October 17 and 19. 1979. as evidenced by Affidavit of Publication filed with the Clerk. Purchasing Agent Frank Wilcox advised that bids were received until November 7. 1979 for a road grader. He noted that the grader that Florida Georgia Tractor quoted is larger than the one originally specified. He further said that the larger unit is offered at the same cost as the original one and that this was being done in the interest of a speedier delivery date. Commissioner Archer moved, seconded by Commissioner Pistor and carried unanimously 5/0. that Bid #384 for a road grader be awarded to Florida Georgia Tractor Company in the amount of $48.500. as contained in the recommendation of the Bid Review Committee letter and that the Chairman and the Clerk be authorized to sign and attest the resulting Agreement. BID #385 - HYDRAULIC EXCAVATOR & STABILIZERS - AWARDED TO W. W. WILLIAMS - IN THE AMOUNT OF $79.270 Legal notice having been published in the Naples Daily News on October 17 and 19. 1979 as evidenced by Affidavit of Publication filed with the Clerk, Purchasing Agent Frank Wilcox advised that bids were received until November 7. 1979 for a hydraulic excavator. He noted that an additional purchase of hydraulically operated stabilizers for same is recommended for additional stability and capacity. He broke the cost down as follows: $76,270 is for the excavator. ~nd the stabilizers are an additional $3,000. l__J J L-.i December 4. 1979 Commissioner Archer moved, seconded by Commissioner Pistor and carried unanimously 5/0. that Bid 1385 for a hydraulic excavator along with the recommended stabilizers for same be awarded to W. W. Williams in the amount of $79,270. as contained In the recommendation of the Bid Review Committee letter and that the Chairman and the Clerk be authorized to sign and attest the resulting Agreement. BID 1386 - 2 SOD CUTTERS - AWARDED TO COLLIER EQUIPMENT COMPANY - IN TilE AMOUNT OF $2.660 Legal notice having been published in the Naples Daily News on October 17 and 19. 1979. as evidenced by Affidavit of Publication filed with the Clerk, Purchasing Agent Frank Wilcox advised that bids WIre received until November 7. 1979 for two sod cutters. Commissioner Wimer moved. seconded by Commissioner Archer and carried unanimously 5/0. that Bid 1386 for two sod cutters be awarded to Collier Equipment Company in the amount of $2.660. as contained in the recommendation of the Bid Review Committee letter and that the Chairman and the Clerk be authorized to sign and attest the resulting Agreement. BID '387 TWO DUMP TRUCKS ~ AWARDED TO BILL BRANCH CHEVROLET - IN THE pnlJNT OF $75.684 Legal notice haVing been published in the Naples Daily News on 0ctob~r 17 and 19. 1979 as evidenced by Affidavit of Publication filed with the Clerk, Purchasing Agent Frank Wilcox advised that bids were received until November 7, 1979 for two 16 CY dump trucks. He explained that because of the long hauls the trucks will be required to make. a need for an engine that provides high torque is evident. Therefore, he said that although a lower bid for the trucks had been received from Tamiami Ford, he recommended the purchase of the trucks from Bill Branch Chevrolet as they will provide the higher torque needed and theirs is the lowest bid that was for the larger engines that met specifications. Commissioner Wimer moved. seconded by Commissioner Archer and carried unanimously 5/0, that Bid 1387 for two 16 CY dump trucks be awarded to Bill Branch Chevrolet in the amount of $75.684. as contained in the recom- mendation of the Bid Review Committee letter. and that the Chairman and the Clerk be authorized to sign and attest the resulting Agreement. aOOK ' 050 rACE 325 December 4. 1979 BID 1389 - TWO CRBiCAB FLATBED TRUCKS - AWARDED TO WALLACE INTERNATIONAL IN THE AMOUNT OF $32,452.30 Legal ~~tice having been publiched in the Naples Daily News on October 19 and 22. 1979 ~s evidenced by Affidavit of Publication filed with the Clerk. Purchasing Agent Frank Wilcox advi~ed that bids were receoved until November 7, 1979 f~r two crtwCab flatbed trucks. Commisioner Wimer moved. seconded by Commissioner Pistor and carried unanimously 5/0, that Bid 1389 for two crewtab flatbed trucks be awarded to Wallace International in the amount of $32,452.30, as contained in the recommendation of the Bid Review Committee letter and that the Chainman and the Clerk be authorized to sign and attest the resulting Agreement. BID 1390 - THREE 5 CY DUMP TRUCKS - AWARDED TO BILL BRANCH CHEVROLET - IN THE" AMOUNT OF $33.288 Legal notice having been pUblished in the Naples Daily News on October 19 and 22. 1979 as evidenced by Affidavit of Publication filed with the Clerk. Purchasing Agent Frank Wilcox advised that bids were received until November 7, 1)i9 for three 5 cubic yard dump trucks. Commissioner Wimer moved, seconded by Commissioner Archer and carried unanimously 5/0. that Bid #390 for 5 CY dump trucks be awarded to Bill Branch Chevrolet. in the amount of $33.288. as contained in the recommendation of the Bid Review Committee letter and that the Chairman and the Clerk be authorized to sign and attest the resulting Agreement. BID 1391 - ONE 4 WD PICK-UP TRUCK - AWARDED TO BILL GAllMAN - IN THE AMOUNT OF $5.519.43 - AND ONE 1/2 TON PICK-UP TRUCK - AWARDED TO TAMIAMI FORD - IN HE AMOUNT OF $4.B91.58 Le9al notice having been published in the Naples Daily News on October 19 and 22. 1979 as evidenced by Affidavit of Publication filed with the Clerk, Purchasing Agent Frank Wilcox advised that bids were received until November 7, 1979 for two pick-up trucks. including one four wheel drive, and one 1/2 ton truck. Commissioner Wimer moved. seconded by Commissioner Archer and carried unanimously 5/0. that Bid 1391 for one(1) 4 WM pick-up truck and one(l) 1/2 ton pick-up truck be aWArded to Bill Gallman and Tamiami Ford, respec- tively, as contained in the recommendation of the Bid Review Committee letter and that t~e Chairman and the Clerk be authorized to sign and attest the resulting Agreement. 1_.J 1::3 L.:I December 4. 1979 OlD 1395 - ONE TRACTER AND MOWER - AWARDED TO COASTLINE EQUIPMENT - IN THE AMOUNT OF $9,329.76; AND ONE BROOM ATTACHMENT - AWARDED TO CREEL FORD - IN THE AMOUNT OF $2.950 Legal notice having been published in the Naples Daily News on October 22. and 24. 1979 as evidenced by Affidavit of Publication filed with the Clerk. Purchasing Agent Frank Wilcox advised that bids were received until November 14, )979 for one(l) tractor mower with attachments. He said that a broom attachment is needed and therefore. when reviewing the bids. recommended the purchase of the tractor mower from Coastline Equipment and the broom attachment from Creel Ford. Mr. Wilcox further pointed out that his recommendation was for the purchase from Coastline Equipment pending certification that the mower meets specifications and if the certification is not confirmed. the next lowest bid for same mower is from Creel Ford in the amount of $10,300. Commissioner Wimer moved, seconded by Commissioner Archer and carried unanimously 5/0. that Bid '395 for one tractor and mower and attachments be awarded as follows. 1) the tractor mower bid be awarded to Coastline Equipment in the amount of $9,329.76, pending receipt of certification that the mower meets specificiations; and 2) the broom attachment bid awarded to Creel Ford in the amount of $2,950, as contained in the recom- mendation of the Bid Review Committee letter and that the Chairman and the Clerk be authorized to sign and attest the resulting Agreement. Purchasing Director Wilcox noted that all prior bids awarded this morning were part of the Road and Bridge Budget. He said that the bid expenditures were some $30,000.00 less than the budget estimates for same equipment. BID 1399 - OPERATIONAL SERVICES OF SEWAGE TREATMENT FACILITIES - AWARDED TO McMILLAN ENVIRONMENTAL SERVICES. LABELLE. FLA. - IN THE AMOUNT OF P50 PER MONTH Legal notice having been published in the Naples Daily News on November 8 and 12, 1979 as evidenced by Affidavit of Publication filed with the Clerk. Purchasing Agent Frank Wilcox advised that bids were received until November 21. 1979 for operational services of sewage facilities at various locations within the County. MOl( 050 rAtE3Z7 December 4. 1979 . Commissioner Wimer moved. seconded by Commissioner Archer and carried unanimously 5/0. that Bid 1399 for operational service$ of sewage faci11t1as at various locations within the County be awarded to McMillan Environmental Services of LaBele, Florid~ in the amount of $750.00 per month as contained in the recommendation of the Bid Review Committee letter and that the Chairman and the Clerk be authorized to sign and attest the resulting Agreement. BID PROCESS WAIVED; PURCHASING DIRECTOR AUTHORIZED TO VERIFY BIDS BY TELEPHONE FOR ONE TON CHASSIS FOR 1977 AMBUlANCE AND TO PURCHASE SAME FROM LOWEST BIDDER PUrchasing Director Wilcox explained that Zippo Ambulance has turned over a 1977 one ton ambulance for use by American Ambulance and it is in a state of disrepair. He said that American Ambulance had requested a replacement of the chassis and other repair work related to same and their estimate was $3.710. He said the County Motor Pool inspected said ambulance and came up with a figure for repairs and replacements of $2,774.00, the main difference in the two is the engine cost. The motor pool felt they could repair the engine. he said. He said the County staff has made inquiriES about the cost of replacing the chassis with a new one and the cost estimate is approximately $8.700.00. He said that it is recommended that the Board authorize advertisment for the sealed bid process for the purchasing of a new one ton chassis. and further authorize this expenditure for the inverter and the conversion. He said the inverter on the ambulance is inferior. Mr. Wilcox said that representatives from American Ambulance have contacted him and they feel it may be beneficial to waive the bid process as they need the chassis now. He said the Board could waive the bid process now and get pr&&ealed quotations. and he could come back next week for authorization for purchase of a new chassis based on the prices bid. Commissioner Archer so moved. seconded by Commissioner Pistor. Jack Bridenthal, from American Ambulance, told the Board he had received three quotations via telephone, as has been done in the past in an L.J f-l L-J December 4. 1979 emergency situation. He reaffirmed ~he need for quick action. He suggested that perhaps Mr. Wilcox could have authorization to purchase the chassis today rather t~~n to wait until next week. After a brief discussion, Commissioner Wimer asked that the motion be changed to authorize the Purchasing Agent to p!!rchase the lowest bid chassis by means of telephone quotations. Commissioner Archer withdrew his motion as did the seconder. Commis- sioner Wimer then made the motion that the Purchasing Agent be authorized to purchase the lowest bid chassis via telephone bid process. Commissioner Archer seconded the motion and it carried with a unanimous 5/0 vote. Commissioner Archer clarified the intent of the Purchasing Agent regarding the present chassis as one of intention to use the present chassis as trade-in value. Mr. Wilcox concurred. STAFF DIRECTED TO PREPARE EMERGENCY ORDINANCE RE APPARENT DANGER TO RESIDENTS IN GOLDEN GATE ESTATES FROM DISCHARGING OF FIREARMS - FOR REVIEW 12/11/79 Mrs. Patricia Gibson addressed the Board and expressed her feeling of apprehension regarding the indiscriminate discharging of firearms in the Golden Gate Estates area. speCifically around her home located within Unit 70, T48S, R28E. She covered several pertinent points among them were the following: 1. Present posting of signs are not sufficiently deterring the firing of guns. 2. The safety of her family. home. and livestock is at stake. as well as those of others living in the outlying areas of the Estates. 3. She feels a contributing problem is .spotty" legislation. 4. Conflicting information from the Sheriff's Department as to the laws covering the situation are a problem. as is the action regarding same taken thus far by the Sheriff's Department. Chairman Wenzel asked for confirmation on the ownership of said lands. It was revealed by Mrs. Gibson that all the lands were privately owned; but the problem lends itself to include the travel along the roadways in the area also. She said that she fears for the lives of her children while in route to and from school each day. Mrs. Gibson said the problem is intensified during hunting season. and that is specifically why she feels 1,~OK 050 rAcE329 December 4, 1979 an.emergencyexists. Mrs. Gibson stressed the need to have all the units in the area covered under one law, rather than the present system of "spotty" legislation; she further stated that file confusion as to the law could probably be cleared up. She referred to a letter. directed to the Board, in which she has more fully explained the rlangers that exist, and her request for an Ordinance to prevent hunting (which includes the posting of signs) in all Units east of 951. north of Golden Gate Boulevard. West of DeSoto Boulevard. and South of SR 846. Deputy Chief Raymond Barnett noted that perhaps the answer to the prOblem would be to pass an Ordinance whereby all discharging of firearms within Golden Ga te Estates is outlawed or make all of Golden Gate Estates a "No Hunting" area. Mrs. Gibson noted that the "Exception" of designated areas by the Game and Fresh Water Fish Commission is spelled out in Federal StaiJtes. as allowing hunting in certain areas covered by Federal regulations regarding the discharge of firearms. Mr. Barnett reaffirmed the fact that enforcement of an Ordinance prohibiting hunting within the entire Estates area would be easier. and practical also, due to the number of homes in the area today. Engineer Barksdale said that the posting of signs, as done in the past, has been very ineffectual, and restated the problems pointed out by Mrs. Gibson regarding "spotty" legislation, and numerous Ordinances. He sug- gested the Board enact an Ordinance in accordance with State Sta~. that prohibits the discharge of firearms from any County Roadway. within a 1/2 mile of any right-of-way. He said the Ordinance that gives the County that authority, says that the roads affected will have to be so designated. He said that one Ordinance that includes every right-of-way throughout the entire County will be most effective. Chairman Wenzel instructed the County Manager, Engineering Department. and the Sheriff's Department to confer and prepare the pertinent documents for Board consideration as soon as possible. Commissioner Wimer noted that time is of the essence. and that the proposed Ordinance should be presented next week. Chairman Wenzel agreed. December 4. 1979 DISCUSSIOH RE EXCAVATIONS IN IMMOKALEE Mr. Dou~ Sweet. National Cour~il of La Raza. representing the citizens of Immokalee who signed a petition regarding dangerous excavations in the Immokalee are~, turned the floor over to Mrs. Carrie Smith. Mrs. Smith said she lives next door to one of the dangerous excavations mentioned in the petition sent to the Board. She pointed out the dangers of the "holes" that are presently open and ungu~d in Immokalee including the dangers they present to the Child Care Center established near one of the "holes". She requested the County staff to come and look into the matter and make a determination as to what can be done. Mr. Barksdale noted that he was aware of th~ problem and that pertinent regulations regarding excavations have been drawn up and the Zoning Depart- ment presently has the documents for further action on the matter. Mr. Barksdale noted that photographs and documentation of the problem excavations previously mentioned have been forwarded to the Zoning Department. Zoning Oi rect 0 r Perry sa id he waul d fo 11 ow through with the matter. Chairman Wenzel told Mrs. Smith that if she was not satisfied that this matter has been cleared up, within a reasonable time. she could report same to the Board, for their attention. Mrs. Smith agreed. and thanked the Doard for their time. UTILITIES DIRECTOR AUTHORIZED TO SCHEDULE PUBLIC HEARINGS RE WILLOUGHBY ACRES WATER & SEWER FUNDING - ADVERTISING APPROVED - CLERK'S OFFICE AUTHORIZED TO NOTIFY PROPERTY OWNERS ALONG WITH A REVISED ESTIMATE OF ASSESSMENTS RE SAME - UTILITY DIRECTOR AUTHORIZED TO BEGIN BOND VALIDATION PROCESS AND/OR BEGIN PROCESS OF SECURING NON-VALIDATED NOTE FOR SAME PROJECT Utilities Director Berzon recalled the Public Petition of Mr. Witt. last week, regarding the alternative actions that can speed up the process of getting the construction started that will provide water to the residents of Willoughby Acres. He stated that he believes the entire issue centers around how soon monies for this project become available. He gave two matters in that regard as follows: 1. The Farmer's Home Administration has directed two additional public hearings regarding the project, as evidence of public support of the newest estimates in cost. He named the conditions of said hearings. as stipulated by the FmHA. He recommended that the County go ahead with this procedure because whatever avenue the County goes through for securing financing, the County will MOl( 050 rACE330 I I , I , I I I J l i 1 December 4. 1979 have to go through the bond validation process, and he further stated that within a few weeks time, the County Attorney can go into the Circuit Court with the Resolutions for same and request a hearing date. He said that perhaps a date could be set for the hearing by mid-January, and if the County is successful in the Circuit Court. there will be an appeal period set for 30 days. ~1and if there is no ap~eal. the County can proceed on whatever PACE\J~oute of fin~ncing is deemed best. He said that in all probability. it will be most advantageous to the people to go with the FmHA financing as the public hearings could take place consecutively with the above-mentioned processe~. 2. The question raised last wep.k by Commissioner Wimer, as to how the County could move ahead with the installation of at least the w4ter portion of the project. He deferred this area to the Clerk, and Mr. Hall, Fiscal Officer. deferred the matter to Mr. Fischer, Financial Consultant. Mr. Berzon told the Board that he has invited Messrs. Fischer and Wagner of Fischer. Johnson, Allen, and Burke, and Southeastern Municipal ~;)~K 050 Bonds, Inc.. respectively, to talk on the Willoughby Acres Water and Sewer Project's Financing and to attend the work-session scheduled for the East Naples Project's Financing. Mr. Fischer pointed out the fact that alternative methods are available that may speed up the installation of water lines to the Willoughby Acres area. He said that through the normal validation process as outlined by Mr. Berzon, the marketing of a note for said project would be scheduled to take place approximately mid-February. He said that one method for the quicker implementation of finanCing would be the separation into notes in the amount of $5.000 each. That way, he said. perhaps there could be a cut of approximately 45 days. He said that this has been discussed with a potential investor about a week ago. When asked by Commissioner Archer, he stated that the interest involved with these validated notes would probably be 8 1/2% to 9%, and that non-validated notes are somewhat higher. He said that the non-validated notes would be short-term and probably taken out in a larger increment than ones that were validated. He clarified the interest rate as being under 10%. He further pointed out that notes are gOing higher than municipal bonds. in regards to interest rates, and are for shorter terms than municipal bonds, due to an "inverse curve" in the financial picture right now. Chairman Wenzel asked if the engineering for the project is ready, and Mr. Berzon answered affirmatively, noting that they could have their nidd1ng documents prepared within the next 10 to 15 days for advertiSing; and conceivably the bids could be "in hand" by the first or second week in January. He said at that time, if monies are available. awards could be made. Cl c.:J I::l December 4. 1979 Commissioner Wimer requested confirmation that if the Board authorized the avenue be explored involving the "short-termed loans", for "construction money" for the Willoughby Acres project and then applied and was granted a loan through the ~nHA, the money fr~~ FmHA would be used to payoff the outstanding debts owed. Mr. Ftther confirmed that this is the plan. Mr. Berzon pointed out that if an appeal is filed in the validation process. and a non-validated loan has been secured. there would be that distinct possibility that the County may be faced with the higher interest rate longer than planned for, as an appeal could stretch out the validation process into a more lengthy process than previously described. Mr. FtKher also said that in order to procure notes above 7 1/2%. the County would have to go to the State Board of Administration and that process would take approximately two weeks. He concluded by saying that via ~on- validated notes. the monies could be available in 45 to 50 days as opposed to validated notes, which would take 60 to 90 days. He added that the time could be cut in half. Commissioner Wimer stated that he was in favor of going with the quickest route as these people have struggled long enough in their fight to get water. Commissioner Pistor said that the Board should consider the offset of the higher interest rate spelled out by Mr. F~Cher by the increasing cost of construction. Mr. Ellwood Witt. resident of Willoughby Acre; concurred with the issue of high construction costs offsetting the higher interest rate of the non-validated notes. and urged the Board to begin the process as soon as possible through whatever avenues would most rapidly insure the beginning of construction of the water lines in Willoughby Acres. He said that the people of Willoughby Acres have petitioned for water. and they want it now. He also pointed out that if there is more delay. the interest rates. even on the non-validated notes may be even higher, as well as construction costs. Mr. Berzon requested authorization to begin the bond-validation process. as well as the securing of non-validated notes. if necessary. He also requested duthorization to schedule and advertise the two public hearings requested by FmHA. Along with this. he asked that the Clerk's office be directed to notify the individual property owners in Willoughby Acres of these hearings, along with revised ~stimates of the tentative assessments for the project by letter. Commissioner Wimer so moved. seconded by Commissioner Brown and carried.' ::. 050 PACE333 December 4, 1979 i , I f I t I , UTILITY DIRECTOR REPORT RE FMHA LOAN AND REFERENDUM REGARDING EAST NAPLES WATER SEWER PROJECT - DISCUSSION REGARDING FINANCING FEASIBILITY RE SAME - DISCUSSION RE CITY OF NAPLES' PLANS FOR MODIFYING EFFLUENT DISPOSAL SYSTEM - NO ACTION TAKEN Utilities Director Berzon asked that it be entered into the record that the referendum was he:d last week re East Naples Sewer District inancing. and the proposal of financing through the FmHA was defeated by a substantial majority. He stated that the question now is whether or not the Board wants to go ahead with the East Naples Sewer Project. using conventional financing. He said that in order to do so. the County must go through an entire validation pro- cedure as well as the other things that they have heard discussed relating to all other sewer projects. Commissioner Archer queried Mr. Berzon as to the situation regarding the ability of the City of Naples' acceptance of sewage waste, indicating that he understood that the "City" had received notice from the D.E.R. to modify their Effluent Disposal System. Consultant Ted Smallwood explained that the letter from D.E.R. is reversing the D.E.R.'s position. He explained that the "City" is now being told that they cannot discharge into the Bay any longer and the effect of that is the E.P.A. will have to fund an alternative that will eliminate the discharge into the bay. He said that the modification will cause a 4 to 6 month delay in the ability to accept the County's waste. He pointed out that the "Ci t,y;' will probably go to a deep well system of some sort. with spray irrigation. Chairman Wenzel asked if that meant that the County would have to go to a separate sewer plant? Mr. Smallwood answered negatively, and said that when completed. the modified system should be able to accept the waste from the County as planned. The topic of grants having been allocated for such a project in the past was clarified by Mr. Smallwood by his saying that the City never received said grant for the purpose mentioned, namely an injection well. from either the E.P.A. or the State of Florida. He said the City of Naples has adopted a Resolution adopting the "201 Plan" including an amendment that would provide for deep well injection, but that was rejected by D.E.R. and E.P.A. about a.year and one-half ago. He added that at that time the D.E.R. and the E.P.A. told the "City" that they would have to discharge into the Bay of Naples. He concluded by saying there is basically no change in the plan to accommodate the waste. but there will be a delay in the time needed to be able to do so on the part of the "City". He nuted that this will be confirmed on December 12, 1979 by the C4ty Council. c::J c::J Cl DecP.mber 4. 1979 Chairman Wenzel asked if the engineering on the East Naples Sewer Project was rea<tt? Mr. Smallwood said "No". only the preliminary engineering is com- pleted. He added that the tina~ engineering will take about 8 months before bids can be let. Chairman Wenzel said the major problhm ~eems to be finance. He called on Mr. Fisher. consultant. for his opinions as to alternative methods of financing the East Naples Sewer Project. Mr. Fisher stated that financing could go in one of two directions; Conventional or Farmer's Home Administration. He pointed out that in the past the Board has leaned towards the FmHA loans. adding that this alternative sometimes has led to a lot of restrictions and delays. He said that it could be done conventionally. with a mixture of special assessments and revenues. pOSSibly a 30 year bond issue. He said it can be done conventionally within the 8 month time frame and be handled properly. and be marketed. Chairman Wenzel called for questions from the members of the Board, and noted that this was being discussed at this time in respect for the members of the City Council that are present and that it would be discussed in greater detail later in the meeting during a workShOp session. Commissioner Wimer stated that he feels the decision should be made as to whether or not the Board will. in fact, proceed with the project before discussing the matter any further. He stated that he was not going against the wishes of the people, and they have just turned down a lower interest loan, therefore. he would not vote to finance the project with higher interest costs and he would not vote to proceed with the project. Mr. Fisher said he had just been reminded that there can be a 30 year bond issue but only 20 years of assessments. He added that with a revenue and assessments the County could stretch out a 30 year bond issue, noting the assessments would have to stop in twenty years. Chairman Wenzel concluded the matter by saying that it would be brought up later during the afternoon session. The following certificate of the County Canvassing Board was filed for the record. December 4. 1979 UTILITY DIRECTOR REPORTS ON OPERATION PERMITS RE COUNTY WATER/SEWER DISTRICT St::WER AREA "A" TREATMENT PLANT AND OUTLINE OF PROCEDURE OF RECOVERING OVERDUE ACCOUNTS FOR ~;ATER Utility Director Berzon read a letter he had written dated November 30. 1979, addressed to Chairman Wenzel and noteo at its completion that he felt the matter of same has only been raised as a part of the harassment his department has encountered due to the shut-off of certain delinquent water accounts. The letter deals with the apparent operation of the treat- ment plant in Sewer Area "A" without the proper permits for 1978. said Mr. Berzon. and he added that he had no knowledge of this at the time. He noted that he had received the notice to reapply for said permits, and sent the application on to the consulting firm of Black. Crow & Eidsness. Inc., for proper handling and disposition. He safd that he wanted it understood that he felt the permitting of the pl~nt was taken care of through them, and it was not until the D.E.R. notified him on November 28, 1979 that the permitting had not been taken care of that he discovered the oversight. Referring to the afore-mentioned "harassment" he noted that certain entitfes were upset with the procedures taken when a water bill becomes over- due. He went over the County Ordinance mandated procedures used by hfs depart- ment dealing with uncollected water bills, and the County's attempts to collect same. He concluded by saying that he has always in the past, and will always in the future, follow the procedures set out within the County Ordinance pertaining to overdue and uncollected water bills and the recovery of same. * * * RECESSES - 12:00 NOON UNTIL 2:45 P.M. (workshop session held prior to reconvening) * * * UNOFFICIAL ACTION TAKEN DURING CONFERENCE SESSION PERTAINING TO EAST NAPLES SEWER PROJECT - CONFIRMED, AS FOLLOWS: LEGAL STAFF AUTHORIZED TO PROCEED WITH BONO VALIDATION; STAFF AND COMMISSION AUTHORIZED TO EXPEND NECESSARY MONIES TO PURSUE GRANT FUNDS; CONSULTANT FIRM OF CH2M HILL DIRECTED TO PROCEED WITH FINAL CONSTRUCTION PLANS. AND FISCAL OFFICER AND ATTORNEY TO PROVIDE RECOMMENDATIONS RE METHODOLOGY OF REPAYING COSTS OF SAME; COMBINED FIRMS OF FISCHER, JOHNSON. ALLEN & BURKE. INC. AND SOUTHEASTERN MUNICIPAL BONDS. INC. SELECTED AS FINANCIAL CONSULTANTS FOR PROJECT PURSUANT TO TERMS OF EXISTING CONTRACT RE COUNTY WATER SEWER DISTRICT Pursuant to unofffcial action taken during Conference Session this date with regard to the East Naples Sewer project, Commissioner Wimer BOOK 050 ~ACE3S6 .:':'~ 050 PACE337 December 4. 1979 moved that said actions be conformed. as follows: 1. That the legal staff be authorized to proceed with bond validation; 2. That the staff and/or Commission be authorized to expend the necessary monies to pursue available grant funds; 3. That the Consulting Firm of CH2M Hill be directed to proceed with final construction plans. and that the Fiscal Officer and County Attorney be directed to provide the Board with recommendations re repay- ment of same December 11. 1979; and. 4. That the combined firms of Fischer. Johnson, Allen & Burke, Inc. and Southeastern Municipal Bonds. Inc. be selected as financial consultants pursuant to the terms of the existing contract re the County Water Sewer District. The motion was seconded by Commissioner Archer and unanimously carried. RESOLUTION 79-1BO TO RECOVER rUNDS EXPENDED BY COUNTY TO ABATE A PUBLIC NUISANCE ON lOT 26, BLOCK 39, UNIT 6, NAPLES PARK - ADOPTED Commissioner Archer moved. seconded by Commissioner Pistor and unanimously carried, that Resolution 79-180 to recover funds expended by the County to abate a public nuisance on Lot 26, Block 39, Unit 6. Naples Park (Margaret Frey Baker), be adopted. * . * . * * . * C:f CJ r~ . ., eoOK 050 PAcr339 December 4, 1979 RESOLUTION 79-181 TO RECOVER FUNDS EXPENDED BY COUNTY TO ABATE A PUBLIC NUISANCE ON LOT 14. BLOCK 207. UNIT 7. MARCO BEACH SUBDIVISION - ADOPTED Commissioner Archer moved. seconded by Commissioner Pistor and unanimously carried, that P.~solution 79-181 to recover funds expended by the County to abate a public nuisance on lot 14, Block 207. Unit 7, Marco Beach Subdivision (Carl E. Wood), be adopted. * * * * * <I< * * * aDDK 050 rACE 341 December 4, 1979 BOARD APPROVES WAIVER OF BID PROCESS AND APPROVES QUOTATION FROM DIGITAL EQUIPMENT CORPORATION FOR ACQUISITION OF 256,000 WORDS OF MEMORY. AS RECOMMENDED BY DATA PROCESSING DIRECTOR Data Processing Direct.:r Fred Marks. referring to the Executive Summary prepartd regarding the acquisition of additional computer memory. explained that the words "sole source" should be stricken therefrom. He s~id that he contacted the available sources and found that there are two other suppliers; however. he said that both firms were more expensive and that there would be 6 to 9 month delivery schedule. Mr. Marks said that Digital Equipment Corporation will provide the additional memory for $20.000, less than the other vendors. with a two-week delivery. Mr. Marks commented further that the memory would be acceptable under the firm;s maintenance agreement since it would be their equipment and added that the expansion would handle the County's needs for the next 12 to 18 months. Commissioner Archer moved, seconded by Commissioner Pistor and unanimously carried. that the staff recommendation concerning the acqui- sition of 256.000 words of additional memory be approved; i.e. that the bid process be waived, and that the quotation of $20.000 from Digital Equipment Corporation be accepted. STAFF RECOMMENDATION TO PROCEED WITH FINANCING FOR THE MARCO SEWER PHASE I IMPROVEMENTS PROJECT VIA CONVENTIONAL COMMERCIAL SOURCES - ACCEPTED Utility Director Irving Berzon, referring to the Executive Summary with regard to the supplementary requirements of the Farmers Home Admin- istration for funding the Marco Sewer Phase I Improvements (Marco Water and Sewer District). explained that in order to proceed with finalizing the funding for the project the FmHA requires that a referendum be held within the area affected by the proposed new construction in order to ascertain whether or not they wish to accept a loan in the increased amount over the original offering from FmHA, due to an increase in the estimated costs for same. In answer to Commissioner Archer, Mr. Berzon said that the Bond validation process, presently under way, can continue along with the scheduling of a referendum. He pointed out that the referendum could not be scheduled untl1 March of 1980 a.,ld expressed his opinion that private December 4, 1979 financing be considered. noting that'once the bond validation process is accomplished construction would be ready to proceed. Mr. Berzon requested an indication ~rom the Board as ~o whether or not it is their desire to wait until the results of the referendum are known if that is the approach the Board wishes to take. or to move ahead with construction. Commissioner Wimer observed that if the project is delayed another three months the construction costs will escalate with Mr. Berzon advising that with a 1% escalation per month there would still be an advantage of "going after 5% money"; however, he said that it is unknown how long after a referendum is held before the FmHA would say "go". Commissioner Archer stated that he does not want to "burn both bridges" and if it is possible to obtain 5% money he would rather do that. with Mr. Berzon suggesting that the Board could authorize an election; however. he said that in his opinion it is unwise to schedule an election and then cancel it. as proposed. Commissioner Wimer moved. seconded by Commissioner Brown, that the staff recommendation be accepted and that the staff proceed with conventional financing with regard to the Marco Sewer Phase I Improvements project. Commissioner Pistor commented that if the contemplated approach had been taken four years ago. without pursuing a loan from FmHA. the first phase of the sewer system could have probably been constructed at a lower cost and probably a lower bond cost and, therefore, if there is another six-month delay, whether there is an increase of 1% or 2% in construction costs, there could be 12% or 14% additional costs, approximately one-quarter of a million dollars, which must be paid off. Upon call for the question, the motion on the floor carried by unanimous vote. Mr. Berzon concluded by stating that the staff will proceed with the bond validation and when that is received. commercial financing will be pursued. CHAIRMAN AUTHORIZED TO SIGN THE CORPS OF ENGINEERS' PERMIT FOR STORAGE TANK AND PUMPING STATION SITE RE GOODLAND WATER DISTRICT Following brief explanation by Utility Director Irving Berzon. as contained in the Executive Summary dated November 28. 1979 with regard :.:,0;< 050 fACf343 December 4, 1979 to the matter. Commissioner Archer moved, seconded by Commissioner pistor and unanimously carried. that the Chairman be authorized to sign the permit offered by the Corps of Ens1neers for the storage tank and pumping station site for the Goodland Water District. as recommended by staff and the Consulting Engineer. ." ." '" '" '" '" '" '" '" A.. .....-..........- December 4. 1979 ROUTINE BILLS - AUTHORIZED FOR PAYMENT Followir~ Fiscal Officer H\rold Hall's statement that tht. bills being presented have been processed following established procedures and that funds are available. Commissioner 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 28, 1979 through December 4. 1979; FWID WARRANT NOS. 193B - 2135 366 - 480 County Warrants BCC Payroll - CETA BUDGET AMENDMENT 80-12 TO PROVIDE FUNDS FOR POSTAGE REIMBURSEMENT RE TAX COLLECTOR - ADOPTED IN THE AMOUNT OF $26.571 Commissioner Archer moved, seconded by Commissioner Pistor and unanimously carried. that Budget Amendment 80-12, to provide funds for postage reimbursement to the Tax Collector, as required by FS 197.072. be adopted in the amount of $26,571. * * * * * * ne::n "__~jA .. -_.._- December 4. 1979 BUDGET AMENDMENT 80-13 TO PROVIDE FOR CONTINUATION OF LEAA CRIMINAL DIVERSION GRANT (79-AA-09-EB02) THROUGH 1980, IN THE AMOUNT OF $33.535. AND TO PROV:DE FOR RECLASSIFICATION OF FUNDS AVAILABLE TO THE MEhTAL HEALTH UNIT. IN THE AMOUMT OF $31.000 - ADOPTED Commissioner Archer moved, seconded by Commi~sfoner Pistor and unanimously carrfed. that Budget Amendment 80-13 to provide for the continuation of the LEAA Criminal Diversion Grant (79-AA09-EB02) which has been extended through calendar year 1980. in the amount of $33,535, and to provide for the reclassification of $31.000 to properly reflect those funds available to the Mental Health Unit. be adopted. . . . . . . * ~ ,.' ^-~ .' - - --- December 4, 1979 RESOLUTION 79-182 AUTHORIZING SIGNATURES FOR ALL COUNTY CHECKS - ADOPTED Commissioner Wimer moved, secunded by Commissioner Archer and unanimously carried. that Resolution 79-182 authorizing signatures of newly-elected Chairman Wenzel, and Vice-Chairman Archer. and also the ~ignatures of Clerk William J. Reagan. and Chief Deputy Clerk Harold L. Hall for all County checks. be adopted. ." ." ." ." ." ." ." ('\ r:" ( I 9t:'n &..-... ~ ....--... December 4, 1979 ENVIRONMENTAL CONSULTANT REPORTS ON BARRIER ISLANDS AND REQUEST FOR ESTABLISHMENT OF EASTERN GULF OF MEXICO NATIONAL SEASHORE AND/OR WILDLIFE REFUGE SYSTEM PROPOSAL, AND PROVIDES RECOMMENDATION Environmental Consu~t~nt Jay Harmic recalled that he had been requested by the Board to look further into the correspondence received from Dinesh Sharma. Consultant to the Barrier Islands Coalition. wherein it was requested that a resolution be passed by the Board supporting the introduction of passage of le9islation to preserve, by acquisition, several islands located in Charlotte, Lee and Collier counties. Reading from a prepared report. Dr. Harmic noted that funds for the acquisition of said island has not been developed, although the environmental and protective features of the barrier island are recognized. especially those located on the shores of Collier County. Dr. Harmic detailed briefly the present development constraints which have been imposed on these island. particularly concerning Keewaydin Island. He said that, based on these restraints, and, addressing Keewaydin Island only, he could not recommend the use of pUblic funds for acquisition since, in his opinion, the County portion is adequately protected at the present time. He stated further that he has advised Mr. Sharma that the recommendation would be brought before the Board this date and that if Mr. Sharma. or anyone else. can demonstrate to him that the present environmental controls are inadequdte or ineffective" he would change hts mind. It was the consensus of the Board that no further action was required at this time. RESOLUTION 79-183 RE ROYAL ~~RCO POINT (THE DELTONA CORPORATION) APPROVING PROJECT - ADOPTED. FOLLOWING READING OF DER BIOLOGICAL ASSESSMENT RE SAME (DER FILE NO. 11-18812) Dr. Jay Hannic, County Environmental Consultant. read into the record the Department of Environmental Regulation Biological Assessment. DER File No. 11-18812, with regard to the Royal Marco Point project being developed by The Deltona Corporation, and which concludes that the marina basin is not predicted to constitute a significant impact on the hydro- graphic regime of the area. Dr. Harmic stated that the project has been reviewed by the appropriate advisory boards before being recommended for .~~~~ n~n "'r ~~ '. . BOOK 050 PACE3~ December 4, 1979 approval. and recommended that the Board offer its approval and authorize the submission of th~ pertinent documents to DER. Commissioner Brown moved, seconJed by Commissioner Pistor and carried 5/0. that Resolution 79-183, approving the Royal Marco Point development project. be adopted. * * * * * * * * MOK 050 PACf!55 December 4, 1979 LETTERS OF RESIGNATION FROM CONTRACTORS' LICENSING BOARD FROM MESSRS. BARBER AND HILL - ACCEPTED AND APPROPRIATE LETTERS OF APPRECIATION AUTHORIZED FOR CHAIRMAN'S SIGNATURE; ALTERNATE MEMBERS SPADE AND LONGO APPOINTED REG0LAR MEMBERS Commissioner Wimer moved, seconded by Commissioner Archer and carried unanimously, that the letters of resignation from the Contrac- tors' Licensing Board by Frederick T. Barber, and Fred Hill. dated November 26. 1979 and November 29. 1979. respectively, and as addressed to Building Director Ray Dulaney, be accepted, and that the Chairman be authorized to sign appropriate letters and certificates of apprecia- tion with regard to same; and, also. that Alternate Members James Spade and August P. Longo be appointed to regular membership on said board. BOARD REAPPOINTS ROBERT C. MOSS TO SOUTHWEST FLORIDA MENTAL HEALTH BOARD, INC. FOR ADDITIONAL TWO-YEAR TERM COMMENCING 1/1/BO Ms. Mary Morgan. Administrative Aide to the Board. commented on the receipt of a letter from Bruce C. Embrey. President of the Southwest Florida Mental Health Board, Inc., to the effect that Robert C. Moss has completed his term of service on the board and is eligible for reappointment for another two-year term. It is requested. said Ms. Morgan, that the Board confirm the reappointment commencing January 1. 1980, noting Mr. Moss' willingness to continue service on the subject board. Commissioner Wimer moved. seconded by Commissioner Archer and carried unanimously. that Mr. Moss be reappointed to the Southwest Florida Mental Health Board, Inc. for an additional two-year term commencing January 1, 1980. CHAIRMAN AUTHORIZED TO SIGN CERTIFICATES FOR CORRECTION TO 1978 AND 1979 TAX ROLLS Commissioner Archer moved, seconded by Commissioner Pistor and unanimously carried, that the Chainman be authorized to sign the following Certificates for Correction to the Tax Rolls: 1979 TAX ROLL NOS. 72-73 138-141 147 153-155 158-163 165-174 177-197 199-204 (2 #204) DATED 11/14179 11/12 - 11/20/79 11121179 11/21 - 11/26/79 11/24 - 11/28/79 11/24 - 11/27/79 ~1/14 - 11/29/79 11129179 December 4, 1979 NOS DATED 1 ~7B TANGIBLE PERSO~IAL PROPERTY 1979 TANGIBLE PERSONAL PROPERTY 1978-67 11/27/78 1979-91 - 1979-101 11/27 - 11/30/79 AFTtR-THE-FACT APPROVAL GIVEN FOR USE OF COUNTY HELICOPTER ON 11/29/79 RE SEARCH OF DOWNED AIRCR~FT BY CIVIL AIR PATROL Commissioner Archer moved. seconded by Commissioner Pistor and c~rried unanimously. that after-the-fact approval be given for the use of the County helicopter on November 29, 1979 for search of a downed aircraft by the Civil Air Patrol. as requested in memorandum dated November 29, 1979 from Civil Defense Director Walker. It was noted that verbal approval had been obtained from Commissioners Archer, Pistor and Wenzel on the subject date. CHAIRMAN AUTHORIZED TO SIGN LETTER TO FlUiA CONVEYING RESULTS OF NOVEMBER 27, 1979 REFERENDUM RE SOUTH HALF OF SEWER AREA "B" (COUNTY WATER-SEWER DISTRICT) Commissioner Archer moved. seconded by Commissioner Pistor and carried unanimously, that the Chairman be authorized to sign a letter to the FmHA conveying the results of the November 27, 1979 referendum with regard to the South Half of Sewer Area "B", County water-Sewer District, as recommended In the letter to the Board dated November 28. 1979 from Utility Director I. L. Serzon. MISCELLANEOUS CORRESPONDENCE - FILEO AND/OR REFERRED There being no objection, the Chair directed that the following correspondence be filed andlor referred to the various departments. as indicated: 1. Letter dated November 20, 1979 from B. Kenneth Gatlin, Attorney for Gulf Communicators, Inc., dlbla American Cablevision Services, enclosing Applications and attach- ments, requesting authority to increase its rates and charges; xc County Manager for processing. County Attorney, and Fiscal Officer; and filed. n~n "'~ ....... --..- .L..-..J December 4, 197~ B. Docket 790B76-LCCT for application of John H. Winkler for a certificate to transport road building and construction aggregates throughout Collier County, Fla. C. Docket 790B91-RCC for joint application of transfer of Certificates Nos. 26, 39. 40, 52, 60, 61. 66. and 74 from Edward C. Smith. d/b/a Answerite Professional Telephone Service to Answerite Metro Communications, Inc. D. Docket 790919-CCT for application of Merchant Transport. Inc. for extension of Certificate 114. E. Docket 790191-LCCT for application of Rolando Lopez for certificate to transport building and construction aggregates. F. Docket 790291-LCCT regarding P.S.C. Order 16015 for subject shown as E above. 13. Departmental Reports from: Golden Gate Fire Control District Advisory Committee (11/13/79); Building Report for November. 1979. Golden Gate Fire Department for October, 1979; and. Purchasing Department Report for October, 1979. (Filed) 14. Letter dated November 30. 1979 from Victor Hugo Bouse supporting city water and sewer in Willoughby Acres whenever it is pOSSible; Filed. COUNTY ATTORNEY DIRECTED TO PREPARE LETTER FOR SUBMITTAL TO APPROPRIATE PERSONS CLARIFYING TERMS "SPOT ZONING" AND "PROVISIONAL USE" Commissioner Wimer commented on the letter dated November 23. 1979 from Nancy Bisbee, Secretary of the Collier County Civic Federation. wherein it is stated that the organization considers previous spot zoning under provisional use to be contrary to the intent of the Zoning Ordinance. Following brief further comment on the matter, Conmissioner Wimer moved that the County Attorney draft a letter of response to such letters clarifying "spot zoning" and "Provisional Use". The motion was seconded by Commissioner Archer and unanimously carried. There being no further business for the good of the County. the meeting was adjourned by order of the Chair - Time: 3:15 P.M. BOARD OF COUNTY COMMISSIONERS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL , ~ .'~j '..: It i r ')\ , ATTEST: ">:oJ WILLIAM'). REAGAN. ", .. ( . ;,