BCC Minutes 12/18/1979 R
I___J
Naples, Florida, December 18, 1979
LET IT nE REMEr~nr:\ED, that the Board of County COlTln; ssioners in
and for the County of Collier, and also acting as the Governing Board(s)
of such special districts as have heen created according to law and
having conducted business herein, met on this date at 9:00 A.M. in
Regul.w Session in [luilding "F" of the CourtllOuse Complex l'lith the
following memhers present:
CHAIRr~AN: Cl ifford Wenzel
VICE-CHAIRMAN: Thomas P. Archer
John A. Pi stor
C. R. "Russ" Wimer
David C. flrown
ALSO PflESENT: Will;'lm ,1. Reagan, Clerk; Harold L. Hall, Chief
Dr~pllt.y Cll'l'k/Fisc,11 Officer; Ednn flrcnncman ilnd Darlene Davidson (1:30
P.11.1 IJ('rll1t.y Clcl'ks; Donald Pickworth, County Attorney; C. Hilliam
N'.nn<lr1, Coullty Managen Irving Berzon, Utility Director; Clifford
[l,lrk~;d,11c, Public Works Administrator/Engineer; tleno J. Spagna, Planning
Consult.ant; lee Layne, Planner; Danny Crew, Planning Director; Tom McDaniel,
Planner (1.30 P.M.~ Mary Morgan, Administrative Aide to the Board; and,
Wi 11 i,lm t'!cNul ty and Deputy Chief Raymond narnett (10:45), Sheriff's
Dcpartmen t.
BOARD OF COUNTY COMMISSIONERS
FINAL AGENDA
DecembeL 18, 1979
NOT I CE: l\LL PERSONS SPEAKING ON ANY l\GENDA ITEM 11UST
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REGISTER PIUOR TO THE ITEi1 DEING HEMlD.
REQUESTS TO l\DDRESS TilE BOARD ON SUD,mCTS \'1llICIl
l\RE NOT ON TillS AGENDA ~'IUST DE SUl3tlITTED TO TilE
COUNTY Ml\Nl\GER AT LEAST ONE \vEEK PRIOR TO THE DATE
OF TilE MEETING l\ND IHLL IlE llEARD UNDER "PUDLIC
PETITIONS" l\T 11:00 l\.M.
1. INVOCATION
2. PLEDGE OF l\LLEGIl\NCE
3. APPROVAL OF AGENDl\
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.,. l\PPHOV1\L OF ~IINUTES:
November 27 and December 4, 1979
nr:n .t4n
'~'OOK 050 PAGE 4:1.4
D~cember 18, 1979
AGENDA - APPROVED WITH AOOITIONS/DELETIONS
Commissioner Pistor mover!, seconded by Commissioner ArcheI' and
CdlTir.d IJn.lnimously, tlwt th'~ _'fIend,l be approved with the following
additions/deletions:
l. Discussion regarding deferral of Planning Department
report on reduction of building heights to 100' or le~s -
Added under BCC Report,
2. Emergency ordinance amending Psychologist's Licensing
Ordinance - Added under County Attorney's Report.
3. Minutes of December ~, 1979 meeting - Deleted.
~. Workshop agenda item with regard to Lethal Yellowing
Program - Continued until January 15, 1980.
r~l~LT[S_.Qi-1!.9_VE~mER 11:.LJ2l2......::....APPROVED
Comnissloner Pistor moved, seconded by ConTnissioner Archer and
ul101nimously carried, that the minutes of the meeting of November 27, 1979
he approved as presented.
PR~SENTATrON OF AWARDS FOR MERITORIOUS SERVICE TO SUPERVISORS AND
1)^_'~T-'.c.r?_^_N}_LOLJ":..'.U:Ji-,-,~_U~'E~ YOUTH EMPLOYMEJH PROGRAM
Ch.l irllhln WCII~e1 presel1ted, on hehalf of the Goard of County
Comnissiollers, awards to the following supervisors or participants
whose perfonnance met or exceec1ed the goals of the Board's C.LT.A.
SUII~IIf'r Yout.h [mploym(~nt Program, and expressed the floard's apprecia-
tion for" t.he services performed. The recipients were as follows:
WORKSITE SUPERVISORS
Everett Hamilton, State Farmer's Market Director
Oenise Coleman, County Home Economics Director
Irvin Mortenson, Big Cypress National Preserve Manager
Lou Terry, Youth Haven Maintenance Supervisor
PARTICIPANTS
El isha r~obley
Gregory Byrd
Connie Steigerwald
Robin Heckman (Not Present)
1
December 18, 1979
ORDINANCE 79-100 RE PETITION R-79-33C, CHARLES GUY, REQUESTING
REZONING FROM "A" TO "GC" FOR PROPERTY LOCATED IN 54, T51S, R26E -
ADOPTED; PETITIONER'j ^r,REEI1ENT TO STIPULATIONS - ACCEPTED
Legal notic~ ilaving been published in the Naples Daily News on
November 16, 1979 as evidenced by Affidavit of Publication filed with
the Clerk, public hearing was opened to consider Petition R-79-33C,
filed by Charles Guy, requesting rezoning from "A" Agriculture to
"GC" Golf Course for property located in Section ~, Township 51 South,
Range 26 East, which is located on the east side of Barefoot Will iams
Road, south of Price Street.
Planner Lee Layne located the subject property on the map provided
as being the parcel shown in yellow thereon. She said that the staff
revie\~eo the petition ilnd recommended approval of the rezoning, subject
to the following stipuliltions:
1. Pllbl ir. water required.
2. Removill of r~elaleuc,1 and flrazil iiln Pepper.
3. Comply with all a[lplicable fire codes.
4. Detailed water management plan shall be submitted
for approval by \~r1J\D prior to construction.
S. Submission of m:l1ntenance plan for lake system.
6. Dedicat.ion of an easement for existing, bisecting
ditch.
7. Submit proof of water availability to insure the
quality within the area of influence will not be
oegraded.
B. Clubhouse and enclosed storage area must meet rDPO
elevation requirements.
r~s. Layne also noted that the Coastal Area Planning Commission held
their public hearing on December 6, 1979 i1nd recommended forwarding
the petition to the Board with a re:omendation of approval subject to
the staff's stipulations.
In response to COlll11issioner Pistor's inquiry about the availability
of water, Ms. Layne said that the supply will be derived from a private
wilter system.
~OOK 050 PACE415
,I
'BOOK 050 rAGE 416
December 18, 1 979
Mr. Wilfila Assilad, of Wilson, r~i"er, flarton, Soll &. Peek, lnG.,
represented th~ petitioner and explained thilt the project will be a
public golf course, mod.!stly jlriced, with no other developmcnt such
as residential ,1nd the 1 ike. lie said that the developer is in ilgree-
ment wi th the staff report and that he has signed an affidavit to
this effect.
There were no persons registered to speak on the subject, where-
upon Commissioner Pistor moved, seconded by Commissioner Mcher and
unanimously cilrried, that the public heilr1ng be closed.
Commissioner Pistor moved, seconded by Commissioner Archer and
unanimolJs1y carried, that the Ordinance, as numbered and entitled belo~l.
with regilrd to Petition Il-79-33C, be adopted, ilnd thilt the Agreemcnt
to the st,lff's stipulations be accepted.
ORDINANCE 7' - 100
l\N ORDINANCE AMENDING ORDINANCE 76-30,
TilE COMPREHENSIVE ZONING REGULl\TIONS FOH
THE t1NINCOHPOHATED A!tEA OF TIlE COASTl\L
AREA PLANNING DISTRICT DV AMENDnlG TilE
ZONING ATLAS MAP NU11BER 51-26-2 BY CIlAtlGING
TilE ZONING CLASSIFICATION FROM "A" AG!UCUr,TUHE
TO "GC" GOLF COURSE ON TilE FOLLO\HNG DES-
CIUUED PROPERTY: TIlNl' PORTION OF TilE SOUTH
1/7. OF THE NORTHEAST 1/4 LYI~G EAST OF TilE
COUNTY ROM) KNOI'i'N AS BAREFOOT IHLLIAMS ROAD
IN SECTION 4, 'l'OI'/NSIlIP 51 SOUTH, RANGE 7.6
EAST AND BY PROVIDING AN EFFSCTIVE DATE
'BOO~ 050 PAGE 418
December 18, 1979
RESOLUTION 79-1f301 RE PETITION fOPO-79-V-3, IlOYIMD R. KEOUGH, REQUESTING
A VARIANCE fROM TilE MINIMUM BASE fLOOD ELEVATION REQUIRED BY FOPO 79-62-
ADOPTED
Legal notice ha'lin!) been [lubl ished in the Naples Daily News on
November 30. 1979 ,1S evidenced by Affidavit of Publ ication filed with
the Clerk, [lublic hearln!) was opened to consider Petition FDPO-79-V-3,
filed by HO~l<1rd R. Keough, requesting a variance from the Minimum Base
Flood Elevation required by FOPO-79-62 for [lro[lerty described as Lot 8,
Block 30, Marco fleach (Pepperwood Court).
Planning Consultant Neno Spagna, res[londing to Chairman Wenzel,
said that the applicant was notified in person and by letter regarding
the public hearing to be held this date; however, it was noted that
he was not in attendance. Dr. Spagna explained that the petitioner has
Ilh1de the reqlJest for .) redlJction in the minimul11 flood elev~tion in order
to construct his residence on the subject [lro[lerty at an elevation of
9.75 feet N~VD, placillg the elevation of same at 1.25 feet higher than
the surrcunding residences, Instead of 2.5 feet if he were to construct
it in compliance loJith t.he pct'tincnt ordinance. He said that the subject
property is presently vacant with homes on both the abuttin!) lots, noting
that the entil'e block is developed at ,)n elevation of 8.5 NGVD. Continuing,
Dr. S[lagna reported that he reviewed the site on Novcmber 5, 1979 accompanied
by Environmental Consul tant Jay Harmic, and th,)t the request was found to be
in compliance wit.h SE~tion 10, Paragraphs 5,6 and 7, and particularly with
Sub-paragraph (111) of Paragraph 7. of FOPO 79-62. It is his recolTlTIcndation,
said Dr. Spagna, that the request contained in the [letition be granted.
Chairman Wenzel cOlll11ented that, in his opinion, 2.5 feet higher
than the abuttin9 properties was not a cause for concern, noting that if
the proposed construction was at a higher elcvation than that he could
agree to granting the variance. Conmissioner Pistor inquired if the
petitioncr understands the possible effect on insurance if the variance
is granted. Dr. Spagna said that all petitioners are required to furnish
a Jetter expressing their understanding that reducing the elevation could
affect the cost of insurance considerably.
)
December 18, 1979
There were no persons registered to ~ddrcss the petition, following
which COlTlTIissloner Pistor moved, seconded by COlTlTIissioner Archer and
carrico unanimously, that t~~ publ\c hearing be closed.
COlTlTIissioner Pistor moved, seconded by COlTlTIissioner Brown and
carrlcd 4/1 with Chairman Wcnzel voting in the negative. th~t
Resolution 79-184 with regard to Petition FDPO-79-V-3, filed by
Howard R. Kcough, rcrlllesting a variancc from thc Minimum l3ase Flood
Elevation required by FDPO-79-62, be adopted.
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BOGA 050 PAGE 419
December 18, 1979
RESOLUTION 79-185 RE PETITION FDPO-79-V-4, BRYCE D.F. IIARVEY, REQUESTING
A VARIANCE FROM TilE MINIMUM BASE FLOOD ELEVATION REQUIRED BY FDPO-79-62-
ADOPTED
Legal notice ~~ving be~~ published in the Naples Daily News on
November 30, 1979 as evidenced by Affidilvit of Publication filed with
the Clerk, [Hlblic hearing was opencd to consider Petition FDPO-79-V-4,
filed by flryce D, F. If,lrvey, requesting a variance from the f1inimum
Oase Flood Elevation required by FOPO 79-62.
Planning Consul t,lnt Neno Spagna explained that the property in
question is Lot 259, Island No.2, Jamaica Drive, Isles of Capri, and
that the petitioner is requesting a reduction in the elevation to
permit the construction of a residence at an elevation 8.38 feet tJGVD
inst.ead of 11 feet NGVD; i.e. a reduction of 2.62 feet. lie silid that
he ,1nd Environmental Consultant ,Jay Ifarmic visited the site on
November 5, 1979, and noted that the subject property is presently
vacant \11th a home on the pl'operty abutting the north property 1 ine -
the lot. aIHJt.tin~J t.he c,out.h property 1 ine is presently vacant. (Jr,
:pagna sa id t.hat tile property owner of Lot 260, north of the subject
property, and t.he owner of Lot 268, \.,hich is east of the property, have
submi ttcd lettel's in support of the petitioner's re'luest. Further,
said Or. Spilgna, a review of the petition has determined that the
granting of the variance complies with the intent and purpose of the
pertinent section of Ordinance 79-62, and that it. is recorTTnended that
the variance be granted.
It was noted that the petitioner was not in attendance, nor
were there any other individuals wishing to address the noard with
regard to the malter. Commissioner Pistol' moved, seconded by
COlllllissioner Archer and unanimously carried, that the publ ic hearing
be closed.
COlTT1lissioner Archei' moved, seconded by COlTmissioner Brown and
carried 4/1 with Chairman \~enzel voting in opposition, that Resolution
79-185 with regard to Petition FDPO-79-V-4, filed by Bryce D. F. Harvey,
requesting a vilriance from the Minimum Base Flood Elevation requil'ements,
be adopted.
BOOK 050 PAGE423
December 13, 1979
ORDINANCE 79-101 CREATING A MUNICIPAL SERVICE TAXING UNIT TO PROVIDE
A COMMUNITY CENTER FOR AN MEA WITHIN THE UNINCORPORATED AREA OF
COLLI ER COUNTY KNOWN I\S 11,lIRCO 1 SLAND, I NCLU[) HIG GOODLAND - ADOPTED
FOLLOWINli ADDITIONAL V_ERf3J~.cJ[..!..::. SUGGESTED [lY COUNTY I\TTORNEY
Legal notices having been published in the Naples Daily News on
November 29, 1979 and in the Milrco Island Eagle on December 6, 1979
as evidenced by Affidavits of Publication filed with the Clerk, public
hedring w,'~, opened to consider ,ln ordinance creating a r~unicipal Service
Taxing District encompassing Precincts 3 and 4, Marco Island, including
Goodland, for the purpose of constructing a COl1l11unity Center building.
County Attorney Pickworth explained that the proposed ordinance
will provide il means for funding the construction of il civic or a
COlll11unity centcr on r'larco Island and requested that Conmissioner Pistor
elaborat.e on the details of such a center. COrT'/nissioner Pistor related
that a grou[l of Marco Island residents have been studying the possihility
of building ,) cornnunity ccnter on thc Island which he said is severely
needed. fie s,lid that the cost estimate made some time ago was placed
at $1,000.000 and, with costs continually rising, the possibility of
the building costing more should be taken into consideration. Also, said
the Cormlissioner, it has been suggested that a cap of not more than one
mill be provided for in the ordinanc'? \'ihich will leave sufficient leeway
for covering t.he construction of a building such as the COrT'/nunity Center
in Golden Gate. Continuing, Commissioner Pistor explained that the
conceptual plan, not as yet the final drawing, allows for expansion of
the building in future years~ the site for the building has been guaranteed
by the developer of Marco Island and 1'1i" be, very shortly, deeded to the
Coun ty.
Mr. Leigh Plunmer. President of the Marco Island Civic Association,
reported on the work of the ad hoc cOcl11ittee established for the purpose,
briefly describing the interior layout of the building, provisions for
parking, the estimated square foot cost, along with other matters
including several suggested amendments to the proposed ordinance, to be
considered following its adoption.
BOOK 050 PAGE 427
'B'OCK' 050 PACE 428 December W, 1979
tlr. Arnold La~lrence, Chairman of the ,1d hoc cormlittee of t1!CA.
stilt~d that he W,ls ,'rrointed to thc committce to study th~ nceds rlnd
usages ('< the proposer! cc,'~.cr. 1Ir: said that he has investigated com-
munity centers in other locat~ons in Florida, and emphasized the need
for such centr:r on the Island, stating that, in view of today's ecollomy
and Inflation, "the time to build is now".
~Is. ,),1 ne II it. t 1 er, 0 f the I~ I C^ Coml11un ity Cen ter Commit tec, reem-
ph,lSizcd the nccd for a COI1Jnunity center on the Island and said that she
has approachr:d I'i IsLlIld Or'.l,'llizatlons concerning the proposal, all of
\~hich agree \~i t.h her. Shc pointr:d out that many of thr: residents are
looking for other less strenuous activities which can be accommodated
by r1 mr:eting hall where arts and crafts classes, and the likr: could be
held.
Mr. Ira Evans, r~pres~ntinCJ the r,1arco Island Taxpayers' Association,
s.lid th,lt t.he desir,lbility of a community cent.er on Marco Isl.lnd is not
t.he reason for his presence at t.he meeting, noting that should be decided
by the pearle of M,lrco Island at the polls. lie said that the CormlUnity
Center at Goldcn Gate ha. been cited as an example but that none of the
condit.ions t.helt rlPI;~"r in thc ordin,lnce cre,lting th,lt taxing district
appCrlr in the pr'oposed onJinilnce being heard t.his date: i.e. no provision
in the ordinancl' for an expression of the people of the Islilnd, as was
contained in thc ordinance pertilining to Golden Gilte; no provision for
the appoinbncnt of an ildvisory bOilrd composed of not less than five.
Marco Island residents, to be elected at the general election each even
year, same to prepare budgets ilna establish operating policies; the
absence of a millage cap, suggesting that this should not exceed 1/2
mill, but adding thrlt, in the long run, it is up to the people of Marco
Island to decide what kind of money they are prepared to spend; and, no
provision that all assets of the district, included but not limited
to the land, building and equipment, shall be r1utomatically transferred to
the incorporated city of r.1arco Island, when such is appropriate. He
urged the Board to amend the ordinance, prior to its passage, to provide
for a referendum by the voters of Marco Island.
December 18, 1979
Coun~y Attorney Pickworth comnented that the County has learned a lot
since the establ isl1ment of the Golden Gate District in 1975 and that the
suggesti')ns made for incL;<;ion in thr. ordinance arc the matters which
caused problems in tllilt situa'~ion. He added that the provision in the
ordinance for a referendum vote caused trouble with the bond counsel.
He said that all of the concerns expressed can be resolved at a later
date and stated that he docs not see the need for making the effectiveness
of tile dist.rict dep('ndent IIpon a referendum. COrTTllissioner Wimer noted
that the propo,ed ordinance does not contain language regarding the
operation and maintenance of the center. Attorney Pickworth said that
such language sholJld be included and said that it would b<: added.
Commissioner I'ist.or inllllired about tile transfer of the o~mershif1 of
tile building, et al, in tile event r~i\rco Island becomes incorporated as
was mcntiorwd earl iel' in tile hearing. Attorney f'ickwortl1 said that he
cOIJ1d not prrdict. t.he eXilct. result of such provision but, in his opinion,
the bond cOllnsel migl1t. have a problem dl'afting a bond resolution if a
transfer :,1lcl1 as t.l1is is a corll11it.ment. He said that he \'1as not saying that
it could not. le~Ji\lly be done and that if it is tile desire of the Board,
such provi,ion could 1)(' "looked into"; however, he said that it would not
have to be included in t.he ordinance.
All proponent.s and opponents having been heard, Corrmissioner I'istor
moved, seconded by Commissioner' Archer and unanimously carried, that the
publ ic hearing be closed,
COImlissioner Pistor moved that the ordinance creating a municipal
service taxing IIni t to provide a communi ty center for an area \'1i thin the
unincorporated area of Collier County, known as Marco Island, including
Goodland, be adopted with t.he understanding that the ordinance will be
amended as necessar'y. COIMlissionel" Wimer relluested clarification of the
motion. Attorney Pickworth read off the changes to he made in the
ordinance, as suggested; namely, at the end of Section 6 add the following
sentence: "The afOl'esaid notwithstanding, the governing body will not have
the pOl'ler to levy ad valorem taxes in excess of one mill in anyone year";
~OQK 050 P^CE 429
.
'BonK
050 P^CE 430
December 18, 1979
Also, in Section 6, the fourth line of the first sentence shall be changed
to redd: "villorem taxes ,JS In.,y be legill for the [1urpose of [1roviding,
oper,lting dnd Ilhlintaining .1 ,;::'rw"Jnity Center \~ithin the Unit".
Commi~:;joner Pistor .1gain Iiloved tllat the Ordindnce, as numbercd and
entitled belOl~, be adopted, with the verbagc changes outlincd by
Atton1(~y Pkkworth. and r.nterr.r1 into Ordindncc flook No. 10, The motion
W,lS sccondr.d Ly C()Il..n;<:;~n~":' 'lrO'.-In ~nd "nani[:'Ql}c.l.'l ,:~rrir.d,
ORDINANCE NO. 79--1Q.l
M~ ORDINANCE r.REATING A HUNIClPAL SERVICE TAXING
AND BENEFIT UNIT TO PROVIDE A COMMUNITY CENTER
FOR AN AREA WITHIN THE UNINCORPORATED AREA OF
COLLIER COUNTY KIWWN AS lfARCO ISLAND. INCLUDING
GOODLAND, AND. MORE PARTICULARLY DESCRIBED HEREIN;
ESTABLISIlING THE HOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY AS mE GOVERNING BODY OF TilE
UlnT; PROVIDING THE PURPOSE OF TIlE UNIT;
PROVIDING FOR TilE POWER 'l'O LEVY SERVICE CHARGES.
SPECIAL ASSESS11ENTS OR TAXES WITHIN TilE UNIT;
PROVIOWG FOR TlIE GENERAL POI-ffiRS OF TilE GOVERNING
r..ODY OF TilE UNIT; PROVIDING SEVERABILITY; AND
PROVIDING AN EFFECTIVE DATE.
RESOLUTIOtJ 79- InS RE RE()UEST IlY JERRY DRAKE, AGENT FOR DONALD GAOINSKI,
FOR VACATION OF 15-FOOT MLEY"AY SOUTH OF LOTS 1-4, BLOCK fl, EASTGATE
SUBDIVISION - ADOPTED
----_._-_.--_._~-_._~---_.-
Lefj,ll noticl~ holVing been fwblished in thc Na[1les Di\ily News on
December 2, 1979 .1S evidenced by Affidavit of Publication filcd with
the Clerk, public he,willtJ \~as held to consider thc request filed by
,Jerry Drake, 1\gent rO)' f)on,lld flabinski, for the vaciltion of a IS-foot
dlleyway lying directly sOllth of Lots 1 through 4, fllock B, Eastgdte
Subdivision.
Fol lowing brief explanation by Publ ic Works Administrator/Engineer
Clifford Garksdale that tile subject vacation, if grdntcd, will have no
effect on the area, ilnd tllat letters of "No Objection" have becn
received from all utility comp,'nies, COITTnissioner Archer moved that
the public hearing be closed, having detcrmined thdt there wcre no
pcrsons l'egistered to addt'css thc matter. The motion was seconded
by COlm1issioner Pistor and unanimously carried.
COITTl1issioncr PistOl' moved that the Board duthorize the Chairman
to execute Resolution 79-186 vdcating a IS-foot alleYWdY lying
directly south of Lots 1 thr?ugh 4, Olock 0, Eastgate Subdivisio~
as requested by Jerry Drakc, Agent for Donald Oaoinski. The
motion was seconded by COlTmissioner Archer and unanimously carried.
'B'o6~ 050 PAGE 432
December 18, 1979
RESOLUTION 79-187 RE REQUEST BY THE DEVELOPERS OF PELICAN 8AY FOR THE
VACATION OF DRAINAGE EASEMENT ON PARCELS G AND H OF PELICAN BAY UNIT ONE.
S9, T49S, R25E - ADOPTED
Lcga; notice havi.lg bC(;1I r."bl ishcd in the Naples Daily News on
Novembcr 30, 1979 as evidcnccd by Affidavit of Publication filed with
the Clcrk, public hearing was held to consider the requcst by the
dcvelopcrs of Pelican Bay for the vacation of a drainage easemcnt on
Pa:-cel s G and H of Pel ican Bay Uni t One, located in Section 9, Township
49 South, Rangc 25 East.
Public Io/orks Administrator/Engineer Barksdale explained that the
developer is proposing to vacate an existing Pelican Bay Improvement
District drainage casement on the subject propcrty and that an additional
request has hecn made for modification of Golf Course Pond '2. Mr.
Barksdale said that the rcctangular-shapcd casement is being vacated in
licu of "n easemcnt which will bf: dedicated by the landOl.mcr to thc Pelican
Bay Improvement District which will have a configuration necessary to
accOl11nodate the development of Parcel H. Further, said Mr. Barksdale,
t.hc matter has bcen reviewed by the Water Management Advisory Board
ilnd staff dnd is being rccolllnended for approval.
COllmissioncr Archer, noting the absence of anyone expressing a
desire to speak on the subject, moved that the pUblic hearing be
closed. The motion W,lS seconded by COlTlTIissioner PistOl' and unanimously
carried.
COlllnissioner Pistol' moved that the Board authorize the Chairman
to sign Resolution 79-187 approving the vacation of a drainage easement
on Parcels G and H of Pclican Bay Unit One, located in Section 9,
Township 49 South, Range 25 East. The motion was seconded by
COlilnissioncr Archer and unanimously carried.
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December 18, 1979
RECESS: 9:55 A.M. until 10:05 A.M.
BOARD AUTHORIZES REFE'\[f'jJJl1M FOR MARCH 11, 1980 RE C::lNSTRUCTION OF
COt-1MUNln CENTER 13UIL:'lIllG ON M,',RCO ISLAND, SUBJECT TO RECEIPT OF
RE~E..ST FRO.!:1 AREAJ3I~'1-~t:!J2....!:..~jOR TO JANUMY IS, 1980
Pursuant to floard action taken earlier in the Session with regard
to the creation of n dependent taxing district on Marco Island for the
[1urpose of constructing a COIl1l1unity Cr.ntcr huilding, and to address the
concern cxpreso;r.d by one of the o;[1eakers from the area, Corrmissioner
Pistor moved that a referendum be held on Marco Island with regard to
the construction of such center [1rovided that a request for same be
received from the affectr.d residents prior to January 15, 1980, said
referendum to be held l~arch 11, 1980. Corrmissioner Himer seconded the
mot.ion which carried unanimously.
CONSIDERATIOrl or A RATE II1CREASE REQUESTED BY GULF COMMutnCATORS, INC.
(AMERICAN CAnLEVISION SERVICES) - ADVERTISING AUTHORIZED FOR PUBLIC
HEAR 11:!.f'~~UARY 22,-19FlO
COlTlnissionr.r Pistor moved, seconded by Corrmissioner Archer and
lJn.1nimously carl'lcd, th,lt. consideration of a rate increase, as requested
by Gulf Connlllll1icat.ors, Inc. (American Cablevision Services), be
adver"tiscd for a [1ubllc he,1ring to be held January 22, 1980.
AMENDMENT TO ORDINMCE 69-2 RE PROHlfllTION OF CAI~PING DURING THE NIGHT
TIME ON THE RIGIIT-OF-\~AY OF TilE W. J. JANES t~Et~ORIAL SCENIC DRIVE -
~DVERT I S I i~:\UTIi9..G..I Z[[~C.Q.G.-PUOL) C HEAR I NG ,1ANIJARY 22._t980
Conl11issionr.r Pistol' moved, seconded by Corrmissioner Archer and
carried unanimolJsly, that an amendment to Ordinance 69-2 with regard
to the prohibition of camping during the night time on the right-of-way
of the W. J. Janes Memorial Scenic Driv~be advertised for public
hearing January 22, 1980,
AMENDMENT TO ORDINANCE 70-10 RE PROHIBITION OF THE POSSESSION OF GUNS IN
WORKABLE CONDITION ON THE W. J. JANES MEMORIAL SCENIC DRIVE - ADVERTISING
AUTHORIZED FOR PUBLIC HEARING JANUARY 22, 1980
Conlnissioner Pistor moved, seconded by Corrmissioner Archer and
unanimously carried, that an amendment to Ordinance 70-10 with regard
to the prohibition of the possession of guns in workable condition on
the W. J. Janes ~\clI\orial Scenic Drive be advertised for publ ic hearing
January 22, 1980.
aoax 050 PACE 435
'a'oo' 050 pm 438
December 18, 1 979
PET IT I ON CP-79-8C, ED BRACKEN I REQUESTING A COMPREHENS I VE LAND USE
A1~ErIOMENT FRml "C" TO RES [DENTI AL 6.22-30 UNITS PER GROSS ACRE ON
PROPERTY LOCATED [N TRACT 11, LELV GOLF ESTATES - ADVERTISING AUTHORIZED
f9JL1'_UBLlC IjEARING JANU/~_22-1_)980
COlrmissi0ncr Pir,tor moved, '_cconded by COlTlTIissioner Archer and
unanimously c.wried, that Petition CP-79-8C, filr>d by Ed Bracken,
requesting authorization to advertise for a Comprehensive Land Use
Amcndmrnt f~om r:onwnrrci,11 to Residclntial 6.22-30 Units per gross acre on
property located on flattlesllake Hammock Road, Tract M, Lely Golf
Estates, be advert.ised for pullllc hearing January 29, 1980.
PETITION R-79-iJOC, ED IlflACKEN, REQUESTING REZONING [,ROM "GRC" TO "RM-1[l"
ON PROPERTY LOCATED ON TIlACT ~I.I LELY GOLF ESTATES - ADVERTI S r NG AUTHOR I ZED
FOR PUlll.!..~~E^ RJJ:~r,--j-^J~10!~U_9-,-_l.9!L(L
Con~l1issionrl' f'istor lIIoved, seconded by Con111issioner Archer and
IJrl,lnimously carried 5/0, t.hat Pdition R-79-40C, filed by Ed nracken,
rCIJllesting rezoning from "GRC to "Rf1-1[l" on property locilted on
Rattlr5nake Hammock RO.ld, Tract H, Lely Golf Estates, be advertised
for' puhl ir. he,lrillg ,),lll1Jary 29, 1geo.
PETITiOn R-79-36C, BlJCKEYE INVESTMENTS, REQUESTING REZONING FRDr1
"A" TO "RS-1' Ofi LOTS 9-12, COCONlJT CREEK UNIT 2 - AOVERTISING
~JlI.!9J~l?1lUJ)!.L!~ILI}..L_!..C_ HEAfllNG JANUARY 29,1980.
COllVnissionet' Pistol' moved, seconded by COlTlTIissionp.r Archer and
ul1,lllilllOusly carried, t.h,lt Petition R-79-36C, Buckeye Investments,
rrquestinl} rrlol1ing frean "A" to "RS-1" on Lots 9 through 12,
Coconut Crcek Unit 2, located on the south side of Gail Street at the
east elld, Ile advertised for pulllic hearing January 29, 1980.
PETITION Sr'1P-79-7C, BUCKEYE INVESTMENTS, REQUESTING SUBDIVISION MASTER
PLAN APPROVAL ON LOTS 9-12, COCONlJT CREEK UNIT 2 - ADVERTISING
AlJTHOR I ZED FOR PlJllLl C HEArn NG ,JANUARY 29, 1980
ConrnissionCl' Pistol' lIIoved, seconded by COlTlnissioncr Archer and
uI1ailil11olls1y carried, that !'etitioll S~IP-79-7C, filed by fluckeye Investments,
requesting Subdivision Master Plan approval for property known as nuckeye
Estates, described as Lots 9 through 12, Coconut Creek Unit 2, be
advertiset.! for publ ic hearing ,January 29, 1980.
December 18, 1979
f'ETITlON CP-79-11C, flRUCE r~UM~l, REQUESTING COMPREHEHSIVE PLAN AMENDMENT
FROM "c" TO 6.22-30 UNITS PER GROSS ACRE ON PROPERTY LOCATED ON THE
SOUTII SIDF OF US 41, Or::HIEP-I MYRTLE COVE ACRES AND TRML ACRES, IN 532,
TSOS, R26E - ADVERTISING AUTI101\lZED FOR PUBLIC HEARING JANUARY 29, 1980;
(CmlPMnON PETITION R-/9-34C, O,lIGltIALLY SCHEDULED FOR JAlWARY 8, 1980 -
~~0..~'{.ERTJ~~D rOR Punl.lC HEARING JAnUARY 29, 1(80)
Commissioner Pistor moved, seconded by Commissioner Archer and
c,,)'ried unanimously, that Petition CP-79-11C, filed by Bruce r~umm,
reClucsting a Compl'chensivc Plan Use ilmendment from C'1mmercial to Resi-
dent;'1l 6.22-30 Uni ts per gross acre on prorerty located on the south
side of US 41, bctween r~yrtle Cove Acres and Trail Acres, in Section 32,
Township 50 South, Range 26 East, be ildvertised for public hearing
,January 29, 19f1O. ] t was noted that companion Petition R-79-34C, originally
schedlllcrl t.o he heanl ,]anuilry fl, 1980, was rcadvertiscd to be heard
,Janll,lry 29, 19f1O.
PET ITI ON FDPO-7 9- V -:;, CHARLES 'WiLEY, REQUEST I NG A VAR I AlICE TO FDPO 79-62
FOR PROP[llTY I.OCATED ON LOT IS, nLOCK 3, GULF SHORES - ADVERTISING AUTIIORIZED
LQ.~_.!'_IIJ}l..LLJiLAJl}!~C;_~_~lJ.A_~~t 19f1O
COiTlni SC, iOllr~r Pi s tor moved, seconded by Commi ss ianer Archer and
ul1animollsly CillTicd, that Petition ;'DPO-V-5, filed by Charles Manley,
reflucstirHJ il V,wi,l11ce to thc FOPO 79-62 for rrorerty located on Lot 15,
fllock 3, Gulf Shores, be advertised for rublic hearing January 8, 1980.
PETITION FPDO-79-V-6. n.M. KIRK, REQUESTING A VARIANCE TO FDPO 79-62
FOR A PORTION or S10, T51S, R2GE - ADVERTISING AUTHORIZED FOR punLlc
HEAfUJ:!.0.. ,JANU0..~l 19fJO
Conlnissioncl' Pistor moved, seconded by Commissioner Archer and
carried unanimously, that Petition FDPO-79-V-6, filed by rJ, M. Kirk,
requesting a variance to FDPO 79-62 for a portion of the NE quarter
of the NE Cluarter of Section 10, lying south of Henderson Creek, all
in Towrlsllip 51 South, Range 26 East, be adverti sed for publ ic hearing
January fl, 1900.
CREATION OF PARKERS HAMMOCK ROAD l/.1PROVUIENT DISTRICT AND APPROVAL OF
PRELIMINARY ASSESSMENT ROLL - ADVERTISING AUTI10RIZED FOR PUBLIC HEARING
,IANl!.^.J~Y 15, 19f1O
Conrni s s i oncr !'i s tor moved, seconded by Commi ss i oner Archer and
unanimously carried, that the proposed creation of the Parkers Hanmock
Road Improvement District and the approval of the Preliminary Assessment
Roll be advertised for public hCilring January 15, 1980.
/
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'aO~K 050 PAGE 438
December 18, 1979
PETITION V-79-23C, LINDA DAVIS, REQUESTING VARIANCE TO PERMIT 6' FENCE
IN FRONT YARD OF LOT 16, BLOCK B, UNIT 7, PALM RIVER - ADVERTISING
~THORIZIQ-I_~~JJnL~~^RING JANUARY 15, 1980
COI"oissioner Pi~tor ",,;\leA, seconded by COlTlTIissioner ^rcher and
unanimously carried, that Petition V-79-23C, filed by Linda Davis, re-
questing a variance to permit the construction of a 6' fence in the
front yard of Lot 16, Block B, Unit 7, Palm River, be advertised for
public hearing January 15, 1980.
PRESENTATlOtl OF 1978-79 ^NNU^L REPORT ON WORK ^CCOMPLlSHED BY THE
DEP^RTMENTS Ur~DER THE D I RECTlOH OF THE COUNTY ~1ANAGER
County Manager C. William Norman cOlTlTIented briefly on the Annual
Report for Fiscal Ye<1r 197fl-79 of the work accomplished by the various
departments under the County Manager during said Fiscal Year, in com-
p 1 i ance wi th Ord i nance 7fl-18. r~r, Norman complimented and expressed
his apprecIatIon to all of thc persons who worked on the Report and to
his ^dministriitive Assistant II. G. Willett who coordinated the Report.
Chairman Wcnzel extended his compliments to the Staff for a very good
de L1 : led Rf'por t.
Note: Report on file in officf' of Clerk of the Board.
C"l
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December 18, 1979
CHAIRMAN AUTHORIZED TO SIGN MODIFIED CONTRACT WITH COLLIER HEALTH SERVICES,
INC. (CHSI) FOR THE USE OF THE IMMOKALEE HEALTH SERVICE BUILDING
County Manager C. Wi117~m Norman explained that the c01tract being
recorrmended for approval between. the Collier Health Services, Inc.
and the Board of County Corrmissioners for the use of the County Inrnokalee
Health Care Center is essentially the same contract as was worked out
the previous year. He noted two modifications to the contract were
made, i.e. the word "County" was inserted before the word "equipment"
in I tem II, Paragraph A; and the ~/ord "electrici ty" was added to Item 1,
Paragraph A, to clarify the responsibility of this expense,
Corrmissioner Archer moved, seconded by Corrmissioner Pistor and
unanimously carried, that the Chairman be authorized to sign the
mod ifi ed contrac t with Co 11 i er Hea lth Serv ices, I nc. for the use of
the IrmlOkalee Health Service Building.
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MOl( 050 pm 439
'~OOK 050 PAC[ 442
Oecemher 18, 1979
CONCEALED PISTOL PER~'IT 79-13 APPROVED FOR ISSUANCE TO CHARLES RICE, UNDER
PRovrSIONS OF ORDINANCE_78-1S
County Manager C. Will1",~, Norman explained that the applicant.
Charles Rice, has met all requirements of Ordinance 79-86 with regard
to the issuance of a Pistol Permit, and that he is applying on the basis
that threats have been made to his life, which have been documented. It
is the staff recommendation that the permit be gra"ted and that the fee
of $25.00 be approved inasmuch as Mr, Rice applied and paid said fee
prior to the adoption of the Revised Pistol Permit Ordinance which
increased the fee to $75.00.
Commissioner Wimer moved, seconded by Commissioner Brown and
unanimously carried, that Concealed Pistol Permit 79-13 be approved for
issuance to Charles Rice, as recommended by staff.
[----1
December 18, 1979
STATUS REPORT ON AM8ULANCE t,,^NAGEt~ENT AGREEMENT NEGOTIATIONS - 8CC
AUTIIORIZES EXTENSION OF CURRENT AMERICAN AMBULANCE CONTRACT FOR PERIOD
NOT TO EXCEED 90 DAYS, U~GRADING LEVEL OF SERVICE TO INCLUDE IMMOKAlEE
AREA, COMMISSIONER WII~ER TO ~R:PARE BID SPECIFICATIONS FOR 8CC APPROVAL,
LOLl:~HNG \i!J.ICII COMPE: :,TIVE nIl'S \41Ll BE SOLICITED FOR NEW CONTRACT
Chairman Wenzel noted that the Corrmissioners have been given copies
of the new Ambulance ~'anagement Agreement between the 80ard and American
Ambulance, Inc. lie advised that he has been "sitting in" on the meetings
held for the plJrpose of drafting a new agreement, since the beginning
of December. in an attempt to keep the matter from "bogging down", and,
after considerable effort on the part of the staff, along with Mr. Jack
Maguire of the American Ambulance firm, a contract has been worked out
which is agt'eeable to both parties, subject to floard approval as to
duration of the contract, along with other paragraphs upon which the
noard will have to make a decision.
County Manager C, William Norman called the floard's attention to
the Executive Surrmary prepared by him, dated December 17, 1979, which
he said highl i<jhts the ilnportant issues, and which have be2n provided to
the COIIJ11issioners, along wah copies of the agreements, together with
a proposal of estimated costs as furnished by the firm and an analysis
of those costs developed from an analysis of other Counties' operations.
~1r. Norman s,lid that the proposal involves two major changes in the
levels of service - one being the assumption of Advanced Life Support
services in the Illlnok,llee area which requires approximately three persons
over Ul<lt which had been operated by Zirpo Ambulance, and, secondly, the
upgrading of service to the coastal area by one-half unit and an additional
person to provide support for the ALS part of the service. Mr. Norman
observed that these two matters account for the increase in cost over
that which had previously been proposed by American Ambulance and budgeted.
lie explained the clauses contained in the agreement with regard to the
conduct of an independent audit of the contractor's operation at the
conclusion of each operating year; the provisions for the extension of the
current contract t.;ntil January 1, 1980 at which point the new agreement wi] 1
hecome effective; the components of the tel~ination agreement. particularly
BOOK 050 PACE '443
'&OOK Q50 pr,CE 444
December 18, 1979
as it concerns the ownership of property. accounts receivable, accounts
payable, and the like,
/k. tlormdn said that one of the issues which remains to be resolved
concerns the contractor's re~ue5t, as part of the closing out of the
four-year agreement, that he be compensated for certain equipment which
he h'15 provided for in the course of this agreement. He said that thl'!
staff reels that compensation has been provided for in the form of a
n. incentive payment on all bills collected, noting that an impasse
has been reached on that point.
Fllrther deta i1 5 concerni n'J the prorosed agreement were rrovided
by /k. Norman Sllch ,15 the requirement for the contractor to post a bond
in the amount of two-month's ~/orth of the annu,1l subsidy which the
contractor has asked to be waived and which is a point the Goard will
have to decide once cost infol'mation has been received. The term of
the agreement is another i5slle for the Goard to decide, said ~Ir. Norman,
One of the documents being presented for Goard review is the lease
agreement. continued Mr. Norman, which he said does not have an updated
1 ist of c,lpi till e~uipment. lie said thnt the 1 ist which had been in
operation in the past was insufficient and incomplete but the full
cooperation of the cont.ractor has been assured in completing a detailed
inventory and it is recorrrnended thilt the Goard authorize the staff to
complete the list and attach it to the lease agreement prior to Januilry
1, 1980.
Still to be addressed, said ~1r. Norman, is the lawsuit presently
pending and which the County Attorney is concerned with, noting that
this has been left in limbo during the transition period. Also, said Hr.
NorTllal', the audit of the contractor's records for the period ending
July 31, 1979 has not been received~ however, language has been included
to stirulate that the subject audit will be presented to the Board by
Oecember 27,1979 which will be reviewed by the staff prior to January 1,1980.
~\r, Norman explained that the cost analysis was prepared for tl-/O
purposes, one being an att:?mpt to better understand and relate the
1~'--1
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December 18, 1979
com[Jetitive costs to the cost for the unique situation in Collier County,
and the other being to provide the Board with the fiscal and legal report
~~ich is a~ essential plrt ot th" negotiated agreement which would be in
1 ieu of taking bids or some simiiar manner of arriving at the method of
awarding the contract.
At this [Joint, Chairman Wenzel ohserved that "there is no such
thing as free ambulance service." He said that there can be no-charge
service which means that it is paid for through taxes and that based on
the facts and figures which he has reviewed during the last few weeks
if there W,lS a no-charge service the cost would be about $800,000 - or
approximately $9.70 for every man, woman and child. With inflation,
Chairm,ln Wenzel said that the cost next year could be $1,000,000. He
also pointed out that a lot of the increases are not Mr. Maguire's fault
because the State sets very rigid rules and regulations for amublance
srrvicc, such as spec ial vehicles, special equipment, certified personnel,
and. since the County has taken on telemetry, there has to be a doctor
on the payroll. Also, continued Chairman Wenzel, the firm has taken
ovel' the IT1Jllokalrc area \~hich W,lS financed prilctically 100% by the County
,lnd inc!"eased the service there. He said that the estimate of $550,000
may be a little high or low but it is pretty close to what it was figured
to be b,lsed on the costs in other counties. He reiterated that the people
have to decide to pay for the service by tilxes or to continue allowing
Mr. MaglJire to collect a certain amount of his fees and thus keep down
the cost of the service.
Mr. Norman reviewed the cost analysis provided to the noard explaining,
in part, the reasons for the differences hetween Collier County and other
counties surveyed which accounts for a portion of the differences, the
fact that administrative costs, in those counties where the service is
provided without a contractor, do not show up in their EMS budgets, and
other like matters. lie said that, in his opinion, the additional costs
in large measure can be jllstified because the owner is providing the
management duties. Other items such as legal fees, rental charges, and
the 1 ike, were also mentioned by Mr. rlo;'man as costs included in the budget
MOX 050 PACE '445
...____w._..~. .__~~-'~,'.~.....;.;
'~oox
December 18, 1979
050 PACE 446
figures which do not appear in the analyses of other counties since
county facilities arc used. In summary, Mr. Norman said that all of
the factors shown add u~ to an approximate $158,000 difference between
the American Ambulance ~)tal co::t tlnd the cost of those counties observed.
Hr. Norm,ln selld the)t there was a $16,000 difference which the staff was
unable to account for which is felt not unreasonable in terms of the
numerous 0 ther items wh i ch the s ta ff had nc ither the time nor the
expertise to look at.
Chairman Wenzel I although noting that the matter was not being
heard in a public hctlring, provided the opportunity for those present
In the audience who wished to address the Board. The following
persons availed themselve, of the opportunity:
Mike Zewalk, North Naples Civic Association
~larshall H. Webb, Naples Manor Property Owners, Inc.
Bruce Holly, Sr., East Naples Civic AssocIation, and the
Collier County Civic Federation
George F. Keller, Collier County Civic Federation
~ancy Bisbee, President of the Golden Gate Estates Area Civic Assoc.
John Garnier, Elected official of the North Naples Fire Control
District
All of the speakers were opposed to the renewal of the contract
with "rnerican Ambulance firm for various reasons and provided the Board
Io/i th suggested al ternativcs for operating the emergency medical service
in the County.
Prior to hearing the comments from the firm's representative,
Chairnl.~n Wenzel reviewed the options available to the Board with regard
to the subject; i.e. review the propo~ed agreement and arrive at a
positive decision on the unresolved questions such as the length of the
rgrcement, rental of equipment, bond, and the like; ask that the matter be
continued until after the first of the yetlr at which time the aforemen-
tioned audit will be available; drop the contract and go into emergency
service until such time as the contract can be put out for bids; turn the
service over to the fire ,'2partments; or, the County can operate the service
as an independent department of government. He said thtlt the Board will
have to make a decision, suggesting that all of the alternatives be given
consideration.
~tr. Jack Maguire, President of American Ambulance, Inc., responded
to the various criticisms of the operation and to the questIons which
were raised.
r.....}
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December 18, 1979
COlTlTIissioner Wimer observed that, in his opinion, thc Board mode the
correct decision when it was agreed to have privatc enterprise supply the
scrvice; however, a m,staka was made in not "laying it out" for public
bid, Hc said that dU:'ing his nomentary absence from the meeting earl ier
in the Session he asked Mr. Maguire his opinion with regard to letting
the service out for public bid. He said that the contract could be
instituted on a short-term hasis so that ambulance service is supplied to
the residents of the County, and, thereby, eliminate all the confusion,
the mistrust, the aspersions which have been cast upon the Board of County-
COlTlTIissioners which, in his opinion, is providing erccllent ambulance service
to Collier County through Am~rican Ambulancc at probably the best possible
cost. Mr. Maguire responded to Cor.missioner Wimer by stating that if it is
the Board's wishes to go out for bid, thcy woulrl be happy to go alony with
their wishes. However, said /1r. ~ia9uire, his firm is at a disadvantage since
thcy have "laid our cards on the t.able." Continuing, Mr. Maguire said that.
after watching some of the response and secing what thc Corrvnission has attempted
to do for the majority of the people in the County and to watch the accusations
that have been made against the Cor.mission, there is "no way to go but to go fOl
a bid" and that the Board deserves to have this option if they care to do so.
COlTlTIissioner Wim~r moved that the agreement be put into effect, at the
level of service of the agreemcnt and the cOlTlTIensuratr. payment for that
service, for a rcriod of sixty days. He said that the County will need to
be flexihle on the payment periods - it may be neccssary to pay weekly vs.
monthly to kcep the ambulance service mobile on the basis that it is at
the present. lie said that dUrlng the sixty-day period, he will develop the
bid specifications, most of which he already has, and bring them back before
the Board for approval or disapproval; and, further, once the bid documents
havc been approved, that bid will be put out for public bid for ambulance
service for Collier County. Commissioner Brown seconded the motion.
COITlTlissioner Archer questioned whether or not ninety days might be
a more logical time period, conmenting on the fact that the Board will not
be meeting again until January 8, 1980 and that there are certain time
requirements with rcgard to bids. Fol1owing brief discussion, COrtlnissioner
Wimer amended his motion to state that the agreement be put into effect
for a max imum of ninety days and, if the bids are ready to go out sooner,
they can go out. COrtlTlissioner Brown seconded the amended motion.
BOOK 050 PAGE '447
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BOOr:
050 PAGE'448
December 18, 197
~lr. Norman voiced his concern that a "lot of shifting of gears" will
be required to go into the context of the new agreement and requested some
time be permitted to go over the matter with staff. He suggested that the
Ooard mi~ht wish to ~onsid~r the extension of the present contract terms
rather than to go into all the changes which would be required with regard
to the new contract. Commissioner Wimer clarified his reasons for wishing
to imple~ent the new contract such as the greater level of service involved
in the new contract which he said is needed. Mr. Maguire stated his
agreement with Mr. Norman's suggestion because there will be a "lot of
paper work involved" when changes are made. Fiscal Officer Harold Hall
said that Mr. ~1dguire could continue to submit his bfl ls since, under the
present system, the level of service can be raised and can be fully reimbursed.
COlTlnissioner Wimer again amended his motion to state that the present
contract be continued but that the level of service be upgraded to include
the Inmokalee area, and the 1 ik~. COlrmissioner Brown agreed with the
amendment of the motion in his seconding thereof.
Mr. Hall s,lid thoJt it needs to be clarified whether the collection
co'~rnission. the incentive fee, is to be at the 40% rate, or something in
between. ~lr. ~1<lguire said that he sees no real problem in this regard
sinc~ the present contract will be continued and that the commission is
based on dollars collected after it reaches billing, and so on.
The question of a sep<lrate contract for the Immokalee area was suggested
with the consensus of the Board being that this would be decided when bids
are received. Mr. ~\aguire responded in the affirmative when asked if the
audit previously mentioned would be submitted by the end of the month.
Attorney Pickworth inquired if the staff would be involved in the
preparation of the bid specification documents, Commissioner Wimer said
that, obviously, he would be using the staff and that they will be asked
to ITldke a recolltllendation.
Upon call for the question, the motion carried unanimously.
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RECESS: 12:00 Noon until 1:30 P.~1. at whiCh time Deputy Clerk
~renneman was replaced by Deputy Clerk Davidson.
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December 10, 1979
RESOLUTION NO. 79-180 RE PETITION PU-79-2I-C, L^RRY SCHNEIDER, REQUESTING
PROVISIONAL USE (2) OF THE INDUSTRIAL DISTRICT FOR A JUNKYARD FOR NON-FERROU'
METALS - ADOPTED WITH STIPULATIONS - PETITIONER'S AGREEMENT TO STIPULATIONS-
!:..CCEP~__
Ms. Lee Layn~, Planne~, presented Petition PU-79-2I-C and explained tha
it is a request by Mr. Larry Schneider for a Provisional Use for a junkyard
in the Industrial District, She located the proposed junkyard as being In
the IndlJstrial Park on Yahl Street, off Pine Ridge Road. Ms. Layne reported
that Staff has reviewed the petition and is recommending approval subject
to four stipuli1tions as follows:
1. Detailed site drainage plan be submitted to and approved by
the County Engineer prior to the issuance of any building
permi ts.
2, All future signs must be approved by the Zoning Director.
3. Construction of a 7' high fence to conceal the yard.
4. Approval of site plan as submitted.
Ms. L~yne added that the Planning Commission held their public
hearing on December 6, 1979 and recommended forwarding said petition
to the floard wi th a recOlrmendation of approval subject to staff's
stipulations.
In answer to Chairman Wenzel's question Ms. Layne said that the propose'
junkyard is surrounded by other industrial ventures.
Comnlssioncr Pistor moved, seconded by Comnissioner ^rcher and carried
unanimously 5/0, that Resolution No. 79-188 re Petition PU -79-2I-C,
Larry Schneider, requesting a provisional use for a junkyard in the
Industrial District be adopted subject to staff stipulations and that the
Petitioner's ^grecment to stipulations be accepted.
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BOOK 050 PAGE '4-49
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December 18, 1979
RESOLUTION NO. 79-189 RE PETITION PU-79-22-C, KNIGHTS OF COLUMBUS,
REQUESTII~G PROVISIONAl. USE '(6) OF THE ESTATES DISTRICT FOR A FRATERNAL
BUll.DltlG ON THE E 180' TMCT 33, UNIT 30, GOLDEN GATE ESTATES - ADOPTED
WITH STIPULATIONS - ;'::TITIONE~S AGREEI~ENT TO STIPULATIONS - ACCEPTED
Planner Lce La~',le preslnted Petition PU-79-22-C by the Knights of
Columbus, and noted that they are requesting a Provisional Use for a
Fraternal Club on the [,1St 180' of Tract 33. Unit 30, in Golden Gate
Estates. She located the proposed club as on the south side of Golden
Gate Parkway across from the r~en\.l,l Health Clinic. Ms. Layne said
that Staff h"s reviewed the petition and is reconlllending approval of same
subjcct to the following stipulations:
I. Comply with all applicable fire codes.
2. Public water and approved sewage disposal required.
3, Site drainage plan be submitted to and approved by the County
Engineer prior to issuance of any building permits.
4. Limit access to one-way in and one-way out.
S. La;)d~caping must be provided around the parking area in
accordance with Section 19 of the Zoning Ordinance.
6. All signs must he approved by the Zoning Director.
Ms. Layne rcrorted that the Planning Commission held their publ iC
hearing on December 6, 1979 and recorrmended fon~arding Petition PU-79-22-C
to the floal'd of County COl11nissioners with a recorrmendation for approval
subject to the staff's stipulations. In answer to Commissioner
Arche~ Ms. Layne noted that the staff had received one letter in regards
to said petition from Mr. Mike Stephens, who lives in Unit 30 and the only
rcquest he made W,lS that they not be allowed to have a liquor license.
She pointed out that the Knights of Columbus will not be able to get a
1 i4'1or 1 io:cnse bccausc of their proximity to a school. She verified the
adequacy of p,lrking facilities for the proposed club at the request of
COlTlnissioner Pisto~ and verificd the fact that the petitioner was told at
the publ ic hearing that they could not get a 1 iquor 1 icense, in response to
Corrmissioner Wimer's question rcgarding same. She said that they could,
however, apply for a private club license whereby the club members could
bring in their own liquor.
Con~issioner Pistor moved, seconded by Corrmissioner Archer and
carried unanimously 5/0, that Resolution No. 79-189 re Petition PU-79-22-C
BOQX 050 rAGE '455
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MOK 050 PAGE 456
December 18, 1979
requesting a Provisional Use for a Fraternal Club building by the Knights
of Columbus to be located on Golden Gate Parkway in the Golden Gate Estates
b~ adopted ~Jbject to staff ~LiDulations and that the Petitioner's Agree-
ment to stipulations be accepted.
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eo~~ Q50 PAGE46Z
December 18, 1979
51 PAY INCREASE APPROVED FOR RICHARD HENDERLONG, PLANNER II EFFECTIVE
9.CTOe!:r. 1"J.2?1____
Prin~fpal Planner Dann} Cr~w addressed the Board regarding an
additional 51 pay increase for Richard Hendcrlong, Planner II, explaining
that the Personnel Program is undergoing study at this time and he feels
that It ~Iould not be fair to tk. Henderlon9 to wait eight months until
the study is complete: therefore he is rer.ommending the increase for the
planner 11 flnsit;nn tn be effective as of Octoher 1,1979. He expounded
on the matter by saying that based on his experience Mr. f1enderlong could
start at 15% above entry level pay scale for the position he now holds
and that even with the additional 51 requested today, he will be earning
less than that figure. He added that the requested increase wil 1 bring
him close to ~lh,1t he would be earning if he were brought into the County
flayrol1 from the outside, and ~lr. Crew said that Mr. Henderlong has been
an outstarding cmflloyee for over two years.
Chairman Wenzel asked why this was not requested at the time of budget
hearings for the Planning Department? County ~1ilnager Nonnan explained that
the creation of the position Planner II was part of the budget, and that
Mr. Ilendcrlong Is being flromoted to fill that position, and he further
noted that t.he reflucst for a flromotional increase is consistent with
Personnel Policy.
Commissioner Archer moved, seconded by Commissioner Pistor and carried
unanimously 5/0, that a promotional increase of an additional 5% be approved
for Richard Henderlong, effective October 1, 1979.
CENSUS CO~IPLETE COUN T CDr11'1ITTEE APPOINTED AS FOLLOWS: STAFF DIRECTED
TO ADO AT LEAST TWO RETIRED CITIZENS TO SAME--MESSRS. MOSS, MORGAN,
FRAZL~~~~~LVERGOARD, GARTON, AND REV. ATKINS.
Planner Tom McDaniel said that the U.S. Bureau of the Census is going to
conduct a large scale, mass media, promotional compaign to obtain total
citizen participation in the 1980 Census. He said that he is reconmending
the creation of a Complete Count Commi ttee and outl ined their function as
one that will include doing public relations work prior to the Census that
will cOlTlnence on April 1, 1980. He suggested the Committee be composed
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Decembpr 18, 1979
of people that are experienced In public relations, people that arc users
of Census data; and leaders of minority elements. The following names
are those reconmen0~d by Mr. McDaniel:
[lob Moss
Tom Morgan
Tad Frazier
Ed Hc1ll
Reed Sil verboard
fli 1 1 flarton
R. l. AL:dns
Mr. McDaniel noted that all the above-listed gentlemen have been
contacted and have agreed to serve. He noted that if approved,and after
these members have met, he may come back before the ncc and make a request
for aprrov(1l of additional names of prospective members that the COlTlnittee
has reconJnended and perhaps a request for a small sum of money for
printing, etc. that they may need to carry out their respective function.
Chairman Wenzel noted the absence of any names of retirees ft'om the
1 ist submitted for approval. Mr. r'\cDaniel said that if the !3oard feel s
a need to add retirees t.o the membership of such a Conlll1i ttee he welcomes
any names they care to submit. COlTlnissioner Pistol' asked if the recommended
names could be approved today and additional names be added at a later
date? County ~\al1agcr' Norman suggested they authorize the Chairman to add
the names of retirees.
After a brief discussion of the matter, COfwTlissioner I\rcher moved,
seconded ~y Conmlssioner Pistor and carried 4/1, that the sU~Tlitted names
be approved fOf the Census Complete Count Committee and that at least two
names be added to same from the retirement community of Coll ier County.
Chairman Wenzel cast the dissenting vote.
RESOLUTION NO. 79-140 APPOINTING AND AUTHORIZING COUNTY ENGINEER AS AGENT
FOR EXECUTltlG PERMIT APPLICATIONS FOR SECONDARY ROAD AND WATER MANAGEMENT
PROJECTS - ADOPTED
County Engineer Clifford Barksdale made the reconrnendation that he be
appointed as the agent fOf executing permit applications. He said that
at numerous times, certain State and Federal Agencies have to be applied
to fOf permits and that it would save time In processing the applications
if they could be executed in the Office of the County Engineer and not having
to go scheduling it through Regular BCe Meeting Agendas. He asked that the
!3oard adopt a Resolution that appoints himself as the authorized agent to
execute the pefmit applications for sE'cl.Jndary road projects and water
management projects.
BOGK 050 PAGE 463
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December 18. 1979
Chairmdn Wenzel asked for clarification as to whether or not the
Board would still be in a position to approve or disapprove of proposed
projects if they deleg,1tr.d this ,1uthority to the County Engineer. Mr.
Norman stated that IJo,1d control of such projects would take place at
the time the BCC approved or disapproved the project. Mr. fiarksdale
clarified the matter by stating that the applications would not be made
until the Board approved the project.
COlllnissioner Wimer moved, ;econded by Corrmissioner Archer and carried
unanimously 5/0, that Resolution No. 79-190 appointing and authorizing
the County Engineer to execute permit appl ications for secondary road and
w,lter management projects be adopted,
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050 P~GE 466
Decemuer 18, 1979
FINAL PLAT FOR RIVIERA COLONY GOLF ESTATES UNIT 2, APPROVED; CIlAIRMAN
AUTHORIZED TO SIGN PLAT: 110ARD ACCEPTS IRREVOCABLE LETTER OF CREDIT IN TilE
AMOUNT OF $~730.16; PLAT AUTHORIZED FOR RECORDATION
County Engineer Cl ifford l1arksdale presented the request by Cheezcm
Development Corporation to record the final plat for Riviera Colony Golf
Estates Unit 2. He noted that the plat was approved by the BCC on March 20,
1979 and was to be held for recording until all construction was completed
or until slJch a time that approved securities were provided. He said that
the developer exercised his option under the Subdivision Regulations to
complete the construction prior to plat recordation but, at this time, wishes
to post the surety and have the plat recorded, Ile said that he recommends
the Chairman be authorized to sign the plat; accept the surety; and the
Board authorize the plat for recordation.
Conmissioner Wimer rooven, seconded by Commissioner Archer and carried
un"nimously 5/0, that the Final Plat for Riviera Colony Golf Estates be
approved (,nd authorized for recordation and that the surety in the form
of an Irrevocable Letter of Credit in the amount of $127,730.16 be accepted
olnd the Chairman be authorized to sign the plat.
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December 18, 1979
TWO WATER WELL PERMITS NOS. 65.258A & 65.258B, EXXON CORPORATION, SECTION 2,
T52S, R34E - DEFERRED UNTIL THEIR PROVISIONAL USE REQUEST COMES BEFORE
THE BCC
County Engineer Bar~~dale presented Exxon Corporation's request for
two Water Well Permits Nos. 65.258A and 65.258B, along with his recommendation
to the Board for approval of same. He located the sites of the proposed
wells as out in the eastern part of the County just north of the jetport
property, specifically, Sectio,l t., T52S, R34E. He said that these two
wells (,re to be used as c1 backup if the primary wells fail for their drilling
operation. Mr. Barksdale reported that the Water Management Advisory Board
h,lS reviewed these clppl ications and approved them. lie added that the two
usual stipulations are to be Included in the approval and that they are as
follows:
1. That a copy of the driller's log of each be submitted
with a water analysis re water quality for same, to the
County Engineer.
2. Wells be capped and plugged upon abandonment of the drilling
operations.
Planner Lce LaYlle asked if these were the water wells that still have
to have a provisional use appl led for and Mr. Barksdale concurred. It was
the consensus of the Board that the provisional use and the permitting of
the wells should be cOllsidered at the same time. Ms. Layne suggested that
the Sli;;"ldtion that the permits be subject to the issuance of a provisional
use be added to the list of stipulations previously listed by Mr. Barksdale.
ConTllissioncl' Pistor suggested the matter be continued until the provisional
use request comes before the Board and so moved. Commissioner Archer
seconded the mot ion and it carried unanimously 5/0.
EXCAVATION PERMIT NO. 59.90, LENNY SPICER, SECTION 1, T50S, R25E - APPROVED
WITH STrpULATIONS
Coullty Ellgincer [larksdale presented the request of Mr. Lenny Spicer
for approval of Excc1vc1tion Pennit No. 59.90, Section 1, Township 50S,
R25E and explained that it was a request for an excavation of a lake
approximately 300' by 100' on lot 8, Coconut Creek, Unit 2. He said
the lake would have a 50' side setback, 250' front setback; and a 50'
rear setba~k from Coconut Creek. Mr. Barksdale explained that Mr. Spicer
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December 18. 1979
planned to excavate approximately 10.901 c.y. of fill and has indicated
that he will use approximately 5,000 c.y. for the filling of the front
portion of ,lis property and toldt the remaining fill will be removed from
the property. He noted that the Water Management Advisory Board has re-
viewed the request to e~cavate the lake and recommended approval with the
stipulations as follows:
1. ~laxim\Jm lake depth should not exceed 8' below mean high water
table or 10' below 5ur;acc.
2. Side slopes shall not exceed 4 to 1 to a water depth of 5'.
3. No blasting shall be permitted as part of the excavation permit.
4. No pumping shall be permitted as part of the excavation permit.
5. If surplus fill is to be hauled off site, applicant shall post
a bond and pay fee.
6. That all appl icable rrovisions of Count,\' Ordinance No. 73-12 be
adhered to.
7. That the applicant will comply with any new administrative re-
quirements which become a part of the revised Excavation Ordinance.
ConTnissioner Wimer moved, seconded by Commissioner Brown and carried
unanimously 5/0, that E)cavation Permit No, 59.90 requested by Larry Spicer
for the excavation of a lake on Lot 8, Coconut Creek, specifically Section 1,
T50S, R25E, be approved with the inclusion of the stipulations as listed
above.
EXCAVATION PERMIT NO. 59.93, A. L. LEINWEBER, SEC. 22, T48S, R26E -
APPROVED WITH ST IPlJLATlONS
County Engineer Cliff Barksdale presented the request of Mr. A. L,
Leinweber for approval of an excavation permit in Sec. 22, T48S, R26E,
and located the excavation site at about one mile northwest of the
intersection of C.R. 951 and Inmokalee Road. He stated that the peti-
tioner requests this permit for use on his own property to be used for
agricul tural purposes. r~r. l1arksdale noted that the Water ~\anagement
Advisory Board has reviewed the request and has recon~~nded approval of
same with the stipulations as follo\1s:
1. No pumping off site shall be permitted during the excavation.
2. Since excavatod material is to remain on site, the require-
ments for a bond and permit fee shall be waived.
3. That all applicable provisions of County Ordinance No. 73-12
shall be adhered to.
4, That the applicant shall comply w:th any new administrative
requirements which become a part vi the revised Excavation
Ordinance.
BoaK 050 PAGE 469
BQQ:,
050 fACE 470.
December 18, 1979
COI1~l1issioner Archer moved, seconded by COlTlllissioner Pistor and
carried unanimously 5/0, that Excavation Permit No. 59.93, ^. L.
Leinweb-r, for Sec. 22, 718S. R26E, be approved with the stipulations as
outl incd ,1bove.
RESOLUTION NO. 79-191 READOPTfNG ALL TRAFF IC CONTROL REGULA TfONS APPROVED
ArlO INSTALLED flY THE FLA. D.O. T. ON COUNTY ROAD SYSTEM PRIOR TO JANUARY I,
1978 - ADOPTED
Coun ty Eng f ncer C; ,fford BiJ ,'ksda 1 e exp 1 a i ned tha t the purpose of the
proposed Resolution is to readopt all the traffic control regulations
approved and installed by the Florida D.O.T. on the County Road System
prior to ,January 1, 1978. lie stated that when the County assumed the
Secondary Road System, the Florida Legislature enacted the transferring
of maintenance responsihllities from the D.O.T. to the rcspect've Counties
ilnd redesignated these roads as County roads. He said that the legisla-
tion made no mention of the traffic control regulations (speed zones,
traffic signals, parking restrictions, etc.) adopted by the D.O,T. prior
to the transfer and, as a result, a question has been raised as to
whether th~sc r~9ulations are still valid and enforceable. lie said that
it is the n~C:)l1l1l1cIHj<1tion of the D.O. T. Deputy State Traffic Operations
Engineer that the Board adopt a resolution that will re-adopt all of said
traffic reguL1tions. Chairman Wenzel asked if traffic "lights" were
included in the term "regulations" as stated by Mr. Barksdale and Mr.
Barksdalf' repl led negatively. Chairman wenzel stressed the need to have
a "1 ight" installed on Shadowlawn Avenue at the intersection rather than
near the school as it Is now and Mr. Barksdale replied that the State
installed the existing light that is operated by a button, and that
particular one was part of a program the State initiated and the State
made ,1 study and determined that by keeping it away from an intersection
it was a safer crossing for the children and citizens alike. He added that
he concurs that a "light" is needed at the intersection and that the
D.O.T. has been requested to relocate that particular crossing.
Conlnlssioner Archer moved, seconded by COlTlllissioner Pistor and carried
unanimously 5/0, that Resolution No. 79-191 re-adopting all traffic
control regulations approved and install~d by the Florida D. O. T. on the
County Road System prior to January 1, 1978 be adopted.
eoox
050 PAGE 412
December 18. ] 979
U1ERGENCY DECLARED AND ORDINANCE NO. 79-102 PROI!WITING THE DISCIlARGE
OF RIM FIRE OR CENTER FIRE FIREARr~s WITHIN TilE URIJANIZING PORTION OF
GOLDEN GATE ESTATES AND THE DISCHARGE OF SHOTGUNS WITHIN 1/4 MILE OF
M1Y RES I DENCE OR OCCUP I ED STRUCTURE WITIlI N TlIE UN I NCORPOM TED AREAS OF
r.OLLI E R COC,HY - ADOPTED
Assistant County Attorney Tony Pires addressed the issue of adoption
of ,1n emergency ordinance for the purpose of prohibiting the discharge of
rim fire or center fire firearms within the urbanizing portion of Golden
Gate Estates and the discharge of shotguns within 1/4 mile of any residence
or occupied structure within the unincorporated areas of Collier County.
He sc1id that concern has been expressed as to a certain proposed resolution
uesignating all of the County roads in regards to eliminating the problems
of stray gunfire in certain areas of the County. He said that he has talked
with certain individuals who offered "input" regarding same. as to what they
felt would hoth protect the citizens and still allow for the legitimate use
of fll"earms. He pointed out the pl'Oblem with the Special Act as one that
only allows for the adoption of a resolution that designates certain streets
from which firec1I'TlIs cannot be discharged.
Chc1inn<ln Wenzel asked about the enforceability of such an ordinance
,1nd Mr. Pires said he felt it would be enforceable; however, that issue
would be best addn~ssed by Deputy Chief Raymond Barnett as the Sheriff's
Department would be the enforcin'] ilgl~nt. Mr. Pires alsu cOlTlnented that. the
draft, as presented, does not include the location of Mrs. Gi~son's home,
Iloting that Mrs. Glbsoll first brought this matter to the Doard.
Deputy Chief Raymond narnett stated that the draft appears adequate
although he favors banning shotgun fire and noted that the proposed ordi~
nallce will not help cut down on the number of calls regarding the prOblem
in the area as the people who hear the shooting will not know the difference
in the sounds of thl: shots from one gun or the other, He said that the
Sheriff Depa rtlllen t's problem Is tha t as houses are be j ng bu i lt a 11 over
the County all the people will want a similar ordinance passed, He
stated that Ile fel t the proposed ordinance is a good "interim" measure at
this time.
December 18, 1979
I
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Mrs, Nancy Bisbee, Prcsident of the Goldcn Gate Estates Area Civic
Association spoke regarding the proposed ordinance and requestcd it be
redrafted to include a larger area, specifically out to at least DeSoto
Boulevard. She pointed out that there are many full-time residents
in the area and said that because of all the brush and trees, the hunters
come up on homes before thcy realize they are so close to them.
Commissioner Archer sV~cd thilL hc was reluctant to hlanket the
area and eliminaLe bird hunting in certain ficlds and he was in favor of
trying the ordinance. Chairman Wenzel concurrcd and mentioned that t~r,
BarnetL seemed to think it was a good step to take. He said that, in the
meantime, if complaints continue to come in the Board will have to amend
the ordinance.
Conmi s s i oner Archer moved, seconded by COlTlTIi ss i oner Pi s tor and
carried IlIlanimollsly 5/0, that an emergency be declared.
COllmi s s i oller \4; Iller moved, seconded by Comi ss i oner Archer and
carried unanimollsly 5/0, that the emergency ordinance, as numbered and
entitled belOl~, be adopted and cntel'ed into Ordinance Book No. 10.
OHDINANCE NO. 79- 102
AN EHERGENCY ORDINANCE PROllIllITING THE DISCHARGE
OF RIl-! FIRE OR CENTER FIRE TYPE FIREARMS \HTHIN
THE URMNIZIt~G PORTION OF GOLDEN GATE ESTATES AND
THE DISCHARGE OF SHOTGUNS HtTIIIN ONE-QUARTER
(1/ I.) 11ILE OF ANY RES IDENCE OR OCCUPIED STRUr.-
TURE IHTllIN TlIE UNINCORPORATED AREA OF COLLIER
COUNTY; PROVIDING DEFINITIONS; PROVIDING EXCEP-
TIONS; DECLARING AN EMERGENCY; PROVIDING PENAL-
TIES; SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
Boax 050 PAGE473
eoaK 050 PAGE 4.74
December 18, 1979
EXPENDITURES APPROVED FOR COUNTY ENGINEER TO PERFORM EMERGENCY DRAINAGE
REPAIRS IN I~\MOKJ\LEE
County Engineer narksdal~ addressed the request for approval of the
expenditures of funds to make emergency repairs for a drainage culvert
and explained that the matter had been discussed at a previous meeting and
he had becn instructed to come back to this meeting with more details re-
garding the expendi";re of al'lllro.dmately $15,000 in the !mmokalee area.
lie said th,lt recent heavy rainfall in the Irrmokalee area has resulted in
the flooding of a five-hlock residential area bordered on the north by
Eustis Avenue, on the south by Stokes Avenue and extending from South Ninth
Street to an area east of South Fifth Street. He said that an investigation
of the a rea revea 1 cd tha t the flood i ng was caused by the concentra t ion of
excess rainfall runoff along South Fifth Avenue and drainage restrictions
within an existing metal storm drain located along the west side of South
Fifth Avenue. lie suggested that in order to improve conditions in the flooded
are~, a drain~ge plan has t.o be incorporated that will divert and channel a
portion of the excess rainfall runoff to the west and the rel'llaccment of
damaged sectio~s of the existing storm drain is necessary. In ans~ler to
Chairman Wenzel, Mr. flarksdale said that plans are for making an open culvert
in place of the closed one that is presently there. He said that certain
parts of the culvert would be closed, i.e. driveways, etc. Also, additional
pipe will be scheduled for removal in Fiscal Year 1979-80 and 1980-81 on
an as-needed hasis, but that the funds he is requesting be approved today
will be sufficient along with about $2,430.00 out of the existing District
Five maintenance budget and approximately $1,485 worth of pipe on-hand that
will be used to complete the emergency repairs. He said that he is requesting
approximately $15,000 from the General Fund Contingency. Chairman Wenzel
asked if t1r. l3arksdille was asking for an advance that will be paid back
next year by the District. Mr. Barksdale said that lhe only way it could
be paid back would be if it were budgeted for next year. If the prOblem had be
noted during the time of budgeting, said Mr. Barksdale, it would have
December 18, 1979
been budgeted for as a "Special project" or it would have been included
in a request for "Special funds" during the hearings for District Five.
~lr. Hall clarified th'~ point that this is not a "Special taxing district"
and Mr. Barksdale concurred. Mr. Hall said that the monies requested
should not come from the "General Fund" but rather from the "Road and
[lridge Fund" and make arrangements through "Contingencies" for the re-
imhursement in the Koad and Bridge budget. He suggested that if the
Board wishes that this expendIture be made they might approve the ex-
penditure and he and Mr. Norman will meet with Mr. Barksdale and that he
wil 1 come b,1ck with an appropriate recommendation on the funding of same.
COlTlTIissioner Drown moved, seconded by Commissioner Wimer and carried
unanimously 5/0, that the requested expenditure for the emergency drJinage
repairs in Immokalee be approved as recolTlTIended by Mr. Barksdale.
Chairman Wenzel instructed r~r. Hall to come back with a method of
paymcn tat ,1 1 a ter da te.
RESOLUTION NO. 79-192 AMENDING RESOLUTION 79-78 TO INCLUDE CERTAIN HOURS
OF ENFORCEMENT RE PARKING rRrnllBITION IN FRONT OF THE ARCADE THEATER IN
IMMOKALEE - ADOPTED
County Engineer Barksdale explained that since the establishing of
the "No Parking" zone, numerous complaints have been received regarding
the reduction of available parking spaces for the Theater and other
business located in front of the Arcade Theater on S.R. 29 in Immokalee.
He said it was a combined effort of the Engineering Department, the
Sheriff's Annex, and the Immokalee Fire Department that is behind the
request for the proposed Resolution. He said that the D.O.T. has indicated
that, if such a Resolution is adopted by the County that rescinds the
"No Parking Zone" established in Resolution 79-78 and changing the enforce-
ment time to include only the hours beh/een 6:00 P.M. to 1:00 A.M., they would
implement the hours of our request by amending their parking restrictions
in said are.,,-
Comnissioncr Pistor moved, seconded by Corrmissioner Brown and carried
unanimously 5/0, that Resolution No. 79-192 amending Resolution 79-78 to
include certain hours of enforcement re parking prohibition in front of
the Arcade Theater in IlTlTIokalee be adooted.
BOOK
050 PACE 475
December 18, 1979
BID #400 AWARDED TO BOWt~N'S OFFICE SUPPLY & EQUIPMENT CO. FOR MAINTENANCE
CONTRACT FOR ELECTRIC TYPEWRITERS - APPROVED IN THE At~OUtn OF $40 PER
TYPEWR ITER
Legal notice having been published In the Naples Daily News on
November 19 and 21, 1979 as evidenced by Affidavit of Publication filed
with the Clerk, bids ~Icre received until December 5, 1979 for the maln-
tenunce contract for electric typewriters located at various places in
Collier County.
County Manager Norman explained that there are approximately 140
electric typewriters to be serviced and the low bid from Bo~~an's Office
Supply & Equipment Co., Naples, Florida, is for $40.00 per typewriter
which will be approximutcly $5,685.00 annually. He noted that the bid
of $40.00 represents a reduction of $.50 per unit from last year~ contract
(lnd he rccorrrnended approvul of same.
Comnissioner Archer moved, seconded by Commissioner Pistor and
carried 5/0, that Bid #400 be awarded to Bowman's Office Supply & Equip-
ment Co., Naples, Florida, in the amount of $40,00 per typewriter as
contained in the recommendation of the Bid Review Committee letter
dated December 7, 1979, and thilt the Chairman and the Clerk be authorized
to sign and attest the resulting agreement.
EMERGENCY DECLARED AND ORDINANCE NO. 79-103 CREATING A MUNICIPAL SERVICE
TAXING LJISTRICT IN THE EAST NAPLES AREA, SOUTH HALF OF SEWER AREA "B" -
ADOPTED
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Utilities Director Irving Berzon stated that during a previous
Board meeting in December there was discussion centering around the
possibility of going ahead with the preparation 6f plans and specifi-
cations for a central sewage collection system in the East Naples area,
and at that time the question arose as to how the system would be funded,
or assured of funding, in the event that there was a failure of the bond
vill idation. lie said a suggestion has been made that the Board create
a "Special Taxing District" for that purpose. He said that its express
purpose will be to pay, if needed, for the preparation of plans and
~OOK 050 PACt: 477
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050 me 478
Dccember 18. 1 97'J
specifications for the East Naples sewer system,
Commissioner Archer moved for a declaration of an cmergency which
WilS sE:ccr.';ed by COlTvlIissione,' P;c;tor and carried unanimously 5/0.
ConvlIlssioner Archer moved, seconded by Corrrnissioner Pistor and
carried unanimously 5/0, that the emergency ordinance as numbered and
entitled helow bc adopted and entered into Ordinance Book No. 10.
ORDINANCE NO. 79-~
AN EMERGE[~CY ORDINANCE CREATING A MUNICIPAL SERVICE
TAXING AND BENEFIT UNIT TO PROVIDE ^ MEANS TO RAISE
TilE FUNDS HECESSARY TO PAY FOR FINAL ENGINEERING
PLANS AND SPECIFICATIONS FOR A SEWAGE COLLECTION
SYSTEM FOR AN AREA IN COLLIER COUNTY KNOWN AS SElVER
AREA "B" SOUTII HALF (EAST l~APLES) AND MORE PARTI-
CULARLY DESCRIBED HEREIN; ESTABLISHING TilE BOARD
OF COUNTY COMMISSIONERS OF COLLIER COUNTY AS THE
GOVERNING BODY OF THE UNIT; PROVIDING THE PURPOSE
OF THE UNIT; PROVIDING FOR THE POtVER TO LEVY
SERVICE CHARGES. SPECIAL ASSESSMENTS OR TAXES
WITHIN TilE UNIT; PROVIDIHG FOR THE GENERAL POWERS
OF THE GOVERNING BODY OF THE UNIT; PROVIDING
SEVER1\IHLITY; DF:CLAIUNG AN EHERGENCY AND PROVIDING
AU EFFECTIVE DATE.
CHAIR~\AN AUTHORIZED TO SIGN LETTER OF APPEAL TO THE FARMERS HOME
ADf~INISTRATION RE THE FMHA DECISION TO TURN [JACK tl0tlI[~ Ei\Rr1i\RKED
FOR EAS T NAPLES S EWE R PRO,) ECT
Utilities Director flerzon statcd that the District Director from
FmHA recently responded to the Chairman's letter regarding the outcome
of the recent East Naples sewer referendum. He said that in the letter
the Director from FmHA indicates that the monies that were obligated for
East Naples Sewer Project are being turned back and that the County does
have a period of 20 days in which to appeal said decision. He asked that
the Chainl1an be authorized to provide such an appeal in light of the
apparent direction that the Board seems to have decided to take regarding
the providing of said sewers. He said that he did not wish to close out
the option of a FmHA lOiln at some time in the future.
Commissioner Wimer so moved, seconded by Corrrnissioner Plstor and carried
unanimously 5/0, that the above-referenc~d letter be authorized.
December 18, 1979
EMERGENCY DECLARED AND ORDINANCE NO. 79-104 CREATING A MUNICIPAL SERVICE
TAXING DISTRICT IN THE WILLOUGHBY ACRES WATER AREA - ADOPTED
Utilities Director Irving Berzon explained that under the emergency
ordin~nce requirements, he recolTlnends adoption of an emergency ordinance
creating a Municipal Service Taxing District to be used as a "backup"
method of funding the water distribution system for the Willoughby Acres
area. He noLi! that said recommendation is a result of the many discu:;sions
regarding same and the expressed intent of the Board to proceed with the
construction of a potable water system for the Willoughby Acres area as
more fully defined within the Executive Surrmary.
COlTlnissioner ArcheI' moved, seconded by COlTlnissinner Pistor and carried
unanimously 5/0 that iI state of emergency exists. ,
Conmissioner Archer moved, seconded by COlTlnissioner Pistor and carried
un,lnimously 5/0, that the Emergency Ordinance as numbered and entitled below
be adopted and entered into Ordinance Book No. 10.
ORDINANCE NO. 79--1.O.<L
AN Et1ERGENCY ORDINANCE CREATING A MUNICIPAL SERVICE
TAXING AND BENEFIT UNIT TO PROVIDE A WATER UTILITY
SYSTEH FOR AN AREA HITllIN TilE UNINCORPORATED AREA
OF COLL HR COUNTY KNmm AS \HLLOUGIIBY ACRES; AND
MORE PARTICULARLY DESCRIBED IIEREIN; ESTABLISIIING
TilE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY
AS TilE GOVERNING BODY 0'" TilE UNIT; PROVIDING TlIE
PURPOSE OF TilE UNIT; P:{OVLDING FOR TlIE POWER TO LEVY
SERVICE CIlARGES, SPECIAL ASSESSMENTS OR TAXES HITlIIN
TilE UNIT; PROVIDING FOR TilE GENERAL POHERS OF TilE
GOVERlHNG BODY OF THE UNIT; PROVIDIHG SEVERABILITY;
DECLARING At~ EMERGENCY AND PROVIDING AN EFFECTIVE
DATE.
EMERGENCY DECLMED AND ORDINANCE NO. 79-105 AMENDING EXPIRATION DATE
WITHIN ORDINANCE NO. 79-55 PSYCHOLOGIST LICENSING ORDINANCE - ADOPTED
County Attorney Donald Pickworth stated that Ordinance No. 79-55
was adopted r-egarding the issuance of Psychologist's licenses and at the
time of adoption it seemed likely that the Legislature in a Special Session
this past fall was going to take some action on this :;ubj~ct; therefore,
the County incorporated a "sunset" ~te of December 31, 1979 in said Ordinance.
He said that the Legislature has taken no action during the Special Session
I'egarding the subject and he is recolT'mending that the Board amend Ordinance
BOOK 050 PhCE"4 79
BOOK 050 PACE 480
December 18, 1979
79-55 and change the "sunset" date to June 30, 1980, thereby allowing
the Statl" Legislature time juring their Regular Session to take appropriate
action regarding ~aid subject and at that time the County can decide how
best to regulate said licensing.
Conl11issioner Archer moved, seconded by COlTlTIissioner Pistor and carried
unanimously 5/0 that a state of emergency exists,
COlTlTIissioner Archer moved, seconded by COlTlTIissioner Pistor and carried
unilnimous ly 5/0, th,lt the emergency ordinance as numbered and enti tled
below be adopted and entered into Ordinance Book No. 10.
ORDINANCE'NO. 79-~
EMERGENCY ORDINANCE AMENDING SECTION 15 OF ORDINANCE
NO. 79-55, REGlJLI\TING THE PROFESSION OF PSYCHOLOGY,
AS IT RELATES TO Tim TERHINATION DATE OF ORDINANCE
NO. 79- 55; PROVIDING A NEt., TERMINATION DATE OF
JUNE 30, 1980; PROVIDING AN HIMEDIATE EFFECTIVE
DATE; PROVIDING FOR PUBLICATION.
ROUTINE RILLS - APPROVED FOR PAYMENT
COlTlTIissioner Pistol' moved, seconded by COlTlTIissioner Archer and carried
unanimously 5/0, that the bills be approved for payment as witnessed by
the fol lowing warrants issued from December 12, 1979 through December llJ, 1979,
same having been processed follol-ling established procedures, with funds
,wilil.1ble:
FUND
flCC P,1yro 11
ncc Payroll CETA
County Warrants
WARRANT NOS.
6954
63394 - 63399
2455 - 2705
nUDGET AMENDI1ENT NO. 80-14 TRANSFERRING FUNDS WITHIN GOLDEN GATE COMMUNITY
CENTER nUDGET FOR PURCHASE OF STAGE CURTAINS & ACCESSORIES - APPROVED IN
THE AMOUNT OF $1,989
Fiscal Officer Harold Hall explilined that Budget Amendment No. 80-14
is a trallsfer of monies from the Contingencies to Buildings, within the
Golden Gate COlll11unity Center's budget and that he and Mr. Horman recorrmend
approval of said budget amendment and acknowledged that cost information has
been obtained and reviewed.
COlTlTIissioner Archer Il~ved, seconded by COlTlTIissioner Pistor and carried
unanimously 5/0, that Budget Amendment Nn. BO-14 be approved in the amount of
$1,989.
BOOK
050 PAGE '482
December 18, 1979
BUDGET AMENDMENT NO. 80-15 TRANSFERRING FUNDS FROM CONTlNGENCfES TO
COr-Y-1UNICATIONS EQUIPMENT WITHIN THE CIVIL DEFENSE BUDGET PROVIOfNG FUNDS
TO PURCHASE MOIO EQU [PMENT - APPROVED fN THE Af.IOUrlT OF $5,685.
Conlnissioner Archer moved, seconded by Con111issioner Pistor and
carried unanimously ~/O, that Oudget Amendment No. 80-15 be approved in
the amount of $5,685.
BUD GET
A MEN D MEN T
. [;.J Requires Board l\pprQv<ll
D DOc's Not Require Board lIpproval
(transfer within object code range)
. . .
Donrd of County Commissioners
Collier County, Florida . <
DEPT. CIVIL DEFENSE - OPERl\TIONS
DESCRIPTION:
To provide radio equipment to be able to maintain communicatioJ
with the Commissioners during disaster or other cmergenc~ condition:
TO (Incr-ense):
Communic<ltions Equipment
001-525-1-13-38-010-641 $ 5,685
FROM (Source of Funds) :
Contingencies
001-519-1-00-05-010-990 $ 5,685
countr~< cF"ln}v. Oir. Fiscal Of~.i.cer.
l\Pr:e t,t "lC:-lc: . _ l\Pr>r7ht,~!..'\.a(
D;ltC: 1(-/7" 7 'i Dille: .L1......0- 741
nr5TRrDlJTIC~11 .~ Do.,r-d Rcconl!; (Orlginill)
Fisc"l Officcr
-. Departm~~t(s) lIffcctcu
Board of County Comm.
l\pprov<11:
BUDGET Mil
Date:Dcc. 18, 1979
No. SO-IS
T7 lIccounting Department
lil Purchasing (l.:quipmcnt< Only)
L)7 Budget Analyst
RpV. 1 ,/r,/7Q IlTJl
December 18, 1979
FISCAL OFFICER AUTHORIZED TO PROCESS ROUTINE BILLS FOR PAYMENT DURING
DECEMBER
FiSC'll Officer Hall r~r;olTlTIended that he be authorized to process
the routine bills for the period of time that the BOilrd will not be
meeting due to holiday scheduling. Commissioner Archer so moved,
seconded by COlTlTIissioner Pistor and carried unanimously 5/0.
RESOLUTION NO. 79-193 RE APPOllmlENT OF r.1E/1BERS TO HEALTH FACILITIES
AUTHORITY - ADOPTED
Administrative Aide to the Board Mary Morgan recalled that on
November 20, 1979, the Board adopted Ordinance No, 79-95 which created
the Health Facilities Authority and that under said ordinance the Board
is required to appoint five individuals to serve staggered terms.
Chairman Wenzel entertained a motion to appoint the following people
to the Authority as they have been contacted and have agreed to serve
and have heen recol1mended by the Board of the Moorings, Inc.:
1. Harry E. 0, Heineman, former ~'ayor of Naples - one year term
2. Dr. Wi 1 1 i am Cox, County Hea 1 th Di rec tor - two yea r term
3. Dr. Gunnard Antell, former Health Director - three year term
4. Henry Wiltkins, Jr. - four year term
5. Mrs. Pilar Montes - four year term
COlTlTIissioner Wimer so moved, seconded by Commissioner Archer and
carried unanimously 5/0.
..
..
..
..
..
MOK 050 rm483
..
Decemher 18, 1979
PETITION FP-79-15C BY OELTONA CORP. RE F1HAL PLAT WlRCO [lEACff UNIT 26
(ROYAL MARCO POINT) - PLAT to DRA\~1NGS APPROVED SUBJECT TO STIPULATIONS
Conlnissioner Pistor stated that he wished the Iloard to consider the
approval of the Final Dlat for Marco Ileach Unit 26, known as Royal Marco
Point. Ch~irmiln Wenzel noted that the matter ~Ias not previously on the
agenda, ilnd that the Petitioner had requested it be considered under Public
Petitions but that he had suggested it be heard under the Board of County
Comnissioners' Report as this was an emergency measure that requires
[loard act10n prior to the end of 1979
Mr. Joe Mancilla, Attorney for the Deltonil Corporation, explained
that he was seeking conditional plat approval of Royal Marco Point re
Petition rp-79-15C. lie expounded on the reasons for the request to be
considered as an emergency addition to the agenda, including the fact
that Oeltona has made certain comitrnents in their financing package
that Include having plat arproval for said project prior to yeal"-end.
He said that is has been b~Ollght to Deltona's attention that said com-
mi trnent was made and the [Joard will not be meeting until after year-end.
Continuing, Mr. Mancilla said that Deltona finds themselves in the
position b,1sed on t.he afore-mentioned problems whereby they are requir~d
to request plat approval conditioned on the fact that certain requirements
must be met. as recommended by the Engineering Department, i. e. surety
package. Attorney Mancilla asked the floard to approve the Final Plat
for Marco [leach Unit 26 and agreed that the recordation of same would
be held until such time as the requirements are met. He emphasized that
Del ton a does not intend to take this approach in .the future and asked
the Board for consideration regarding their emergency situation. Replying
to Commissioner Pistor, Attorney Mancilla stated that Deltona will try to
clear up the subject reconmendations and stipulations appended on the
approval of final plat as soon as possible. He said that the financing
cOlllnitments do not hinge on recordation but rather on the approval of
the Final Plat of subject property.
BOO)i 050 ,'m485
.1
Ml') ~
Q50 PACE 486
December Id, 1979
Conmissioncr Pistor movcd that the Final Plat for Royal f1arco
Point be approvcd subject to the following which must be resolved
prior to rr:ordation: Conm~~5ioncr Brown seconded the motion,
I. WMAB re~uirements that construction limit line be placed
on the p 1.1 t.
2. ^ provision in the deed restrictions shall be made stating
that no artificial construction shall be permitted on the
seaward side of the project.
3. Necessary easements shall be dedicated for utilities.
4. Dedication of the utility systems and facilities as required
by the onlinilnce is not complete and must be resolved.
5. County Enqineer must revic~1 and approve the final agreement
and surety.
ConT11issioner Wilner stated that he fel t this procedure is highly
irregular and he l'equested tlH! st,lff to verify whether or not they have
h,ld the oPPOl'tllni ty to go ovel' the peti tion and if they w,lnt to go along
I'll th re~uested conditional plat approval. County Engineer Barksdale
stated that lhe above-mentioned items have to be resolved before he
could recomllend the recordation of subject plat. lie said that the reason
Petition rp-79-l5C was not brought to the floard for approval was that the
Pe tit i oner did nc t fo 11 ow through and has no t answered all 0 f the necessa ry
<1uestions. He added that it l'IclS not "forgotten to be brought up on the
agenda" in response to Chairman Wenzel's query regarding same. COlTlTIissioner
\~imer stated that he felt the [loard was setting a dangerous precedent by
follOl'iing this procp.dure in that anyone could later come in, ask for,
and expec t to rece j ve the same treil tment. lie sa i d tha t IlC fe 1 t tha t il
decision such as this would be putting a burden on all the respective
staff. COlTlnissioner Archer s,lid that in view of the situation, the
staff hilS taken on the burden themselves by recolTlTIending the approval
of the final plat without certain things being satisfied and holding up
on the recordation until they arc met. f.1r. Barksdale cOl1clll'red and
stated that in the past the Board has fol lowed recolTlTIendation of this
n,lture but only as it relates to the surety and not the other stipulations
th,lt re~uire resolving prior to recordation.
December 18, 1979
Planning Director Danny Crel'l said he received the data. regarding
Mr. narksdale's reconrnendations for said stipulations being met prior
to recordation and recor~ending the ilpproval of the Final Plat for Royal
Marco Point. lie said that according to Subdivision Regulations he has
up to 30 days to make his recolTlnendations. but that he could "live" with
this procedure in this one case if the noard feels there is sufficient
"hardship" on the Petitioner. lie added that he would not like to see
this become the "normal" process.
In answer to Chairman Wenzel, County Attorney Pickworth said that by
making one 'exception" the Ooard \'/Ould not be getting themselves into
problems and pointed out that it is the "precedent value" that is at issue.
lie said thilt the leg(ll (>spects of the matter goes routinely; if the pro-
visiolls of the security (lgreement are not worked out as of the time of
approV,11 of the Final Plclt, the County usually puts it through channels
and approves smne pl.lt sllbject to a[1[1roval of said agreement. He said that
this is not the problem, rather it is the [1roposed approval of a plat with
a substantial list of conditions that normally would have to be worked
out prior to appl'ovill of the plilt and not just recordation. lie said that
if there is a lInicl\Ic "hardship" regarding this one case and everyone
understands ttlc1t the procedure is being follO\~ed for just this one case
it is fine, but if it starts to become a matter of course there will be
a tremendous burden on the staff trying to process petitions in the future.
COll1nissioner Pistor said 1lC agreed, but he feels there is an emergency
as far as the Petitioner is concerned. He added that appilrently stilff
has discussed this with the home office of the Petitioner and the list
of things that must be worked out have been agreed on by both sides according
to the reconrnendation in the Executive Summary.
Upon call for the question on the motion on the floor the vote was
3/2, Conwnissiol1er Wimer and Chilirman Wenzel casting the dissenting votes.
PROGRESS REPORT RE PROPOSEO ORDINANCE TO LIMIT IIEIGHT OF PROPOSED BUILDINGS _
STAFF DIRECTED TO PRESENT RESULTS OF EFFORTS RE PROPOSED HEIGHT LIMITATlON
FOR WORKSHOP PR I OR TO SU[l/'ll TTI NG SA/IE TO OTIIER AGENC I ES AND ADVISORY BOARDS
Conrnissioner nrown asked Dr. 'lena Spagna, Plannin9 Consultant, to
give a progress report on the \~ork that staff has completed towat'ds the
809K 050 PAGE 487
BO~X Q50 PACE 488
December 18, 1979
proposed ordinance that will limit the height of future buildings in
Collier County. Chairman Wenzel asked ~Ihen it would be ready to present
to the Board for their approval?
Dr. Spagna said that <It the prescnt rate of work and the timing
allowed for prescntation to the CAPC for their review and public hearings,
it would probably be prep,lrcd for the Board in two months time.
COlTll1issioner Brown said that in view of the time needed to do such
preparatory work by staff, and his feeling that the County should learn
to live with the present ordinanc~ regulating the height of buildings, he
would move to direct the staff to cease working on the proposed ordinance
that is heing undertaken at the present time. He asked Dr. Spagna if it
were not true that the "thinking" today is such that it is better to have
taller buildIngs and more open spaces on the ground level? Dr, Spagna
stated that that would be the objective of the 20-story height and noted
that not everyone agrees with that approach, COlTll1issioner Archer seconded
the motion.
Chairman Wenzel expressed his feeling that he would like the matter to
come as public hearings and he noted that there are some people that are
for this added 1 imi tation to height. COlTll1issioner Archer asked what the
theory was behind 1 imiting the height of buildings? Was it an attempt to
reduce density or is it aesthetic? Dr. Spagna answered that he believed
the point that Commissioner Wenzel had made was "fire protection", noting
that apparently the fire ladders cQn't get to a 20-story building in the
same fashion as they can to a lO-story building. He said that other than
that he knows of no other physical reasons that would justify reducing
them. Comnissioner Archer pointed out that if the County limits height,
in ol'der to acculTl110date density, the buildings would have to spread out
and cover a substantial amount of ground, thus, cutting off the beaches,
etc. Dr. Spagna concurred.
During a lengthy discussion covering both the pros and the cons of
limiting height several points were made by COlTlTIissioner Archer including
the fact that according to the Fire Codes, and in talking to firemen,
today thcy are not fighting fires in tall buildings from the outside but
December 18, 1979
rather from the inside, cxplaining that today the buildings are supposed to
he designed so as to have each floor an independent unit, Dr. Spagna
confirmed that Chairman Henzel I.Jd passed on a suggestlon to not only
limit the height but to also limit the density of future buildings within
thc proposed new ordinance and added that the reason it is taking longer
than normal to prepare is that both suggestions are being taken into
consideration and that they actually have no relationship with one another.
lie said that hp.iClht rel"tes to ground covering but does not affcct the
number of units. He said that you cannot control one by way of the other,
therefore, there will have to be two approaches to staff's efforts.
During the continuation of said discussion covering several possibilities
as avenues for which the staff may base their studies, Chairman Wenzel stressed
the "input" regarding both the desire of many civic associations to limit
density and to 1 imit height. COnlnissioner Archer said that if there was such
a reduction in density so as to render property undevelopable by adopting
a County-wide ordinance that would limit the developers and owners of properties
to the point that they could not afford to build, the consideration for com-
pensation to thcsc individuals for their losses might be in order. He said
that he feels the County cannot reverse the whole cycle. including the fact
that land value will increase and cost for lands will be such that the cost
would be too high for the consumer to bear. Corrrnissioner Wimer said he
thought the matter was going to be "workshopped" and requested that instead
of dropping the matter as Corrrnissioner Brown has motioned, the staff might
be instructed to bring the matter back for works~op prior to presenting
it to any agency or advisory board.
Chairman Wenzel called for a vote and it was clarified that the vote
is on the motion that the staff drop the work on the proposed ordinance
that would limit height.
At the request of C0I111lissioner Grol'm, Deputy Chief Barnett took a roll
call vote:
Con.nissioner Brown - Aye Ulotioner)
Conmi ss i oner Archer- Aye (Seconder)
COlTlnissioner Wimer - Nay
Conmissioner Pistor- Nay
Chairman Wenzel - NilY
MOX 050 PACt 489
BO~K 050 PACE 490
December 18, 1979
Mr. Barnett statcd that thc motion failcd 2/3.
Chairman Wenzel then asked
for a motion regarding staff direction with the work that is being conducted
on said proposed ordinance and the work concerning limitations in density,
COlTlTIlssioner Wimer moved, seconded by COlTlTIissioner Archer and carried
unanimously 5/0, that staff continuc with work regarding limitations on
height and density and bring It back for a workshop prior to presenting
It to any other ag~ncy or advisory board, Planning Director Crew said that
the m,1tter had becn presented to thc CAPC last month for their Information
and consideration and that they took no action but did request him to prepare
charts, etc., for further consideration. COlTlTIissioner Wimer was asked to
clarify his intent wlien making the former motion. He said that he intended
to bypass all other agencies, and would like to workshop this matter in two
or three weeks. Mr. Crew confirmed the likelihood of having all the necessary
work completed by then. Dr. Spagna asked if they required information
regarding density, also, and it was the consensus of the Board that they
wanted both dcnsity and height iimitations studied and presented.
IIELICOPTER USE FOR D.O.T. - APPROVED WITH STIPULATION THAT PROPER CHARGES
BE W,DE
Administ.rative Aide to the Board Mary Morgan stated that she has
received a memorandum that states that the D.O.T. has requested the use of
the Coun ty he 1 i cop tcr for Thursday, December 27, 1979 for approx ima te ly
1-1/2 hours for an aerial inspection of private airports throughout the
County for re-licensing.
Con111issioner Archer' moved, seconded by COlTll1issioner Pistor and
carried unanimously 5/0, that the request for the helicopter use from the
D.O,T. be approved.
~ls. Morgan asked the COlllllissloners what they wanted to do about the
charges and Mr. Nonnan said that his recolTlnendation was that the D.O.T. pay
the nonnd 1 charges and the Board agreed to condition the approval as such.
LETTERS RE ENGAGEMENT LETTER & AUDIT REQUIREMENTS FOR At~ERICAN AMBULANCE -
FISCAL OFFICER AUTHORIZED TO REVIEW AND REVISE; RECOMMENDATIONS BY
FISCAL OFFICER FORTHCOMING JANUARY 8. 1980 REGARDING ACCEPTANCE OF SAME.
Administrative Aidc ~lary Morgan stat.ed that she has received three
letters re American Ambulance. Two are dated December 14, 1979 and one is
dated December 17, 1979. She said they pHtain to an audit that is to be
received prior to the next BCC Meeting ano asked the Board to consider
i1uthflrizing the Chair-man's signat~lre nn said letters of engagement..
December 18, 1979
Fiscal Officer Harold Hall said he has not had sufficient time to
review them properly and requested that he be allowed time for review
and make his recommendations at the January 8, 1980 meeting. He said that
he could not recommend the Chairman to sign them at this time. Upon
noticing that one or more itcms may apparently be missing for the audit
requirements and because the engagement is somewhat different than previous
engagement letters and in light of the need to adhere to generally
accepted accounting principles regarding same, Mr. Hall requested he be allowed
to review the audit and, if necessary, make revisions and request that the
auditor supply the additional information.
Aftcr a brief discussion Commissioner Wimer so moved, seconded by
Commissioner Pistor and carried unanimously 5/0,
LETTER TO NAPLES CIVIC ASSOCIATION REGARDING THE RE-DISTRICTING OF THE
BCC SEATS, NOTl~IG THAT THE MATTEf< IoIILL BE CON5'IDERED UPON COMPLETION OF
CENSUS
Ms. Morgan reported that a letter dated December 14, 1979 from the
Naples Civic Association has bpen received regarding the consideration of
the possibility of re-distrlcting the County Commission seats and/or
boundaries re same at this time, based on current population,
Chairman Wcnzel recommended that the staff study the matter and report
back to the Board after the first of the year. No action was taken on
the recoll1l1endation. Commissioner Wimer asked for clarification on the
time frame in light of the upcoming census that is to take place at the
beginning of the year 1980. Commissioner Archer said that such considera-
tion has to be donc prior to the close of the current year or after the
Census, approximately Deccmber 1980. Chairman Wenzel stated that he
thinks that there is a legal question here, and if the staff finds a dis-
crepancy, something could be done to correct it after the first of the year
1980. County Attorney Pickworth concurred with Commissioner Archer that
either something must be done between today and the end of the current
year or the County must wait until 1981,
Conrnissioner Wimer moved that a letter be sent to the Naples Civic
Association thanking them for their interest, and explaining that due to
the close proximity of the Census, that the re-districting will be
MOK 050 P"~t 491
BOJK
050 PAGE 492
December 18, 1979
considered by the BCC after the Federal Ccnsus is complcted. Conrnissioncr
Rrown scconded the motion and it carried unanimously 5/0.
~IARY EVANS AND MS APRIL BONEHER NM~ED TO SERVE ON PARKS Arm RECREATION
STUDY COMMITTEE
I.ls. Morgan noted that on 110vernber 27, 1979 the Board appointed a 15
mcmber ad hoc Conini ttec to study the Parks and Recreation situation. She
notcd th,lt onc of the names submitted was that of Mary Evans and that there
was a mistake In the address for Mary Evans, Ms, Morgan said that there
are two Mary Evans In Collier County and the Mary Evans from IlTlTIokalee
was inadvertantly not notified of thc appointment. Ms. I~organ notcd that
Conrnissioner Grown rccommcnded Mary Evans from IlTlTIokalee be included in
the Comnittce as well as the Mary Evans that has bccn notified. The Board
concurred.
Commissioncr Wimer noted that he had come into contact 1~1th Ms.
April Boneher this week and that she had reminded him that she wanted to
serve on sa id Convni ttee. Therefore, he recolTlTIended that r~ary Evans and
April Bonehcr be appointed to the Committee,
Conunissioncr 13rown moved, seconded by Commissioner Archer and carried
unanimollsly 5/0, that thc names of ~lary Evans of Inrnokalee and ~'s. April
Boneher bc approvcd to serve on the ad hoc Committee for the Parks and
Recreation Deparbnent.
t,jR. & MilS. JA~1ES F I}!N I NV I TED TO ATT[ND WORKSHOP RE "DENS ITY "
Ms. Morgan called the Commissioner's attention to a copy of a
letter dated December 9, 1979 addressed to Mayor Roland F. Anderson,
Naples, Florida. She noted that the letter \~as from Mr. & I-trs. James
F. Finn and deals with the Finn's requcst for a refcrendum regarding
the limitatlon of building pemits in an effort to deter the pollution
of water in Collier County.
Chainnan Wenzel stated that Ms. ~lorgan should advise Mr. and Mrs.
Finn that they may come before the Board when the Workshop is scheduled
to discuss "density".
Conrnissioner Wimer asked if a building moratorium can be placed by
a referendum and Attorney Pickworth noted that it has benn done in other
States as a matter of course.
December 18, 1979
CHAIRt,'AN AUTHORIZED TO SIGN CERTIFICATES OF CORRECTION TO THE TAX ROLL
FOR 1979
Corrmissioner Arr.her moved, seconded by Corrmissioner Pistor and
carried unanimously S/O. that the following corrections to the 1979 tax
roll be signed by the Chairman:
flos~
Da ted
Dec. 7, 1979
Dec, 7. 1979
Dec. 7-10, 1979
Dec. 11-12, 1979
Dec. 12, 1979
Dec. 13. 1979
Dec. 12. 1979
223-224
229-Addition
229-236
238-248
250
253-255
Unnumbered (Trend Corp.)
Tang.!.!?J..!lYcrson"l Property
1979-121 " 1979-122
Dec. 14, 1979
II
TAX COLLECTOR AUTHORIZED TO ISSUE DUPLICATE TAX SALE CERTIFICATES IN
ACCORDANCE WITH PETI TlONS SIGNED BY EVERETT E. H/l1 TTAKER MID A. P. AYERS _
NOS. 145 " 3291
Commissioner Archer moved. seconded by Corrmissioner Pistor and
carried unanimously 5/0, that the Tax Collector be authorized to sign
dupl ic"tc Tax Sale Certificates in accordance with petitions signed by
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Everett E. Whittaker (HI45) and A, P. Ayers (#3291),
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050 PACE 493
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December 18, 1979
RESIGNATION OF AUGUST LONGO FROM THE COLLIER COUNTY LICENSING BOARD -
ACCEPTED
Conmissloncr Archer mov~d, seconded by Conmlssloner Plstor and
carried unanimously 5/0, that Staff bp. directed to send the appropriate
letter regarding the withdrawal from the Collier County Licensing Board
of Mr. August Longo.
GAIN TIME FOR INMATE JW 79-10-10 - APPROVED
Commissioner Archer moved, seconded by Commissioner Pistor and
carried unanimously 5/0, that gain time of 10 days bc approved for inmate
JW 79-10-10 changing thc date of rclease from 12/25/79 to 12/16/79 as
rccoolllended by Wa rrlcn Jamcs T. Les tcr.
MISCELLANEOUS CORRESPONDENCE - FILED AND/OR REFERRED
Therc being no objection, the Chair directed that the following
correspondcncc be filed and/or rcfcrred to the various departments as
indicated:
1. ~'cJl101'andum dated 12/17/79 rc Boat Ramp at Caxambas sent by
rlannin~ Director Danny Crew indicating that a representative
from Ilideawuy fleach has met with him and will be presenting a
new site p1.1n Pt'oposal, and noting that ~Ihen said plan Is
received it sh.'ll be sent to the BCC, - Filed.
2. Letter dated Oecember 5. 1979 from Congrcssman Skip Bafalis
acknowledC)ing rcccipt of Resolution flo. 79-176 dnd assuring
thc BCC of his cOlltlm/ed efforts In thc fight against the
"Dumping" of vegetables by Mexican producers. - xc Johnny Goodnight
& rred Barfield - Original - Filed.
3. ~lemorandum receiverl December 13, 1979 from State Association of
County Planning and Zoning Directors requestin9 an updated
mailing list for the State Directory. xc State Assn. of County
Planning & Zoning Directors - Original - Filed.
4. Hemoranduln d<lted Dccember 11, 1979 from the Nap 1 es Boa I'd of
Realtors reaffirming their position supporting the immediate
action and appropriation to fund the construction of Coastland
Boulevard. - xc Mr. Barksdale - Filed.
5. Copy of a let tel' addressed to the Collier County Conservancy
dated December 6, 1979 from Katherine Sue Reuter, Chairman,
Collier County Democratic Executive Conmittee. indicating
that said Committee has voted unanimously to commend the Con-
servancy for its study of the Gordon River. xc - Mr, Barksdale
Fi led.
6. Letter received December 17. 1979 from the Department of Com-
munity Affairs indicating the availability of " '701'
Comprehensive Planning Grant" monies for the preparation and
updating of Comprehensive Plans. xc County Manager & Planning
Director - Filed.
7. Three letters dated December 11, 12 and 13, 1979 from the
Department of Housing and Urban Development as follows;
Dec. 11, t979 - Acknowledging receipt of executed Grant
December 18, 1979
QUIT-CLAIM DEED FROM SALLY JANE LAPRADE FOR THE EAST 150' OF TRACT 113,
UNIT 1~2, GOLDEN GATE ESTATES - ACCEPTED FOR RECORDATION,
On 11/28/78. the BCC accepted the gift deed from Sally Jane LaPrade
for property described as the East 150 feet of Tract 113, Unit 142,
Golden Gate Estates, This is presented to complete the Board's minutes
as the deed was not actually signed by Ms. LaPrade until 10/26/79, thus
it is accepted for recordation on December 18, 1979.
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Boa~ 050 PAGE 499
December 18, 1979
Hcaring no further business to come bcfore the Board for the good
of the County Chairman Wenzel adjourned the meeting at 3:10 p.rl.
BOARD OF COUNTY COMMISSIONERS/EX
OFFICIO GOVERNING BOARD(S) OF SPECIAL
DISTRICT UNDER ITS CONTROL
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BODK 050 PACE 501