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BCC Minutes 01/05/1982 R ---""",.,, ~-"-. ---- - -------'----.---- - -----,_._----~--'-_._-_---.# -""-- -- -- '" Naples, Florida, January 5, 1982 LET J~ BE REMEMBERED, that the Board of. County Commissioners in and for the County of Collier, and also acting as the governing board(s) of such spocial districts as have been cre~ted according to law and having conducted business herein, met on this date at 9:00 A.M. in Rogular S~ssion in Building "F" of the Courthouso Complex with the following members prescnt: CHAIRMAN: VICE CHAIRMAN: C. R. "Russ" Wimer Mary-Frðnces Kruse John"A. piator Clifford Wenzel David C. Brown ALSO PRESENT: Williðm Reðgan, Clerk; darC"ld L. Hall, Chief Deputy Clerk/Fiscal Officer; Maureen Kenyon ðnd Elinor Skinner (10:05 A.M.), Deputy ClerkG; Donald Pickworth, County Attorney; C. William Norman, County Manðg~r; Irving Borzon, ULilities Manager, Grace Spðulding, Adminibtrative Aid~ to the Boarci; Jeff P~l{Y, Zoning Dir~clo(; T~l(Y Virta, Community Developm~nt Admlniatrotorl Tom McDaniel, Terry Clark, - and Lee Kirchhoff, Planners; ~nd r.hi f Deputy Raymond Rarnett, Sheriff's Department. r-- , '--. PAc:! ,. &O~ ( OS7 PACE 01 . . ... .. _. .. "' .. ..... . .. .. '---"'",......- JanUlHY 5, 1902 AGENDA APPROVED WITH ADDITIONf> AND OELP.TIONR Commissioner Wenzel moved, seconded by Commissioner piator and carried unanimously, that the agenda be approved with the following additions and delotions: A. Item 7D, Petition R-80-3C, Hubschman Associates continued to Fobru.HY 2, 1982. B. Addition of discussion of County Complex Expansion under Item 8C. C. Addition of acceptance of land for Golden Gate Fire Station under Item 9A(1). D. Item 9A5 rc Hideaway Beach continued to January 26, 1982. E. Addition of 146 ~ discussion of mdinrenance of Pine Ridge Road Extension. F. Addition of 14C re clarification of Mr. A. B. "AIR Curry's position on the WMAB. G. Addition of 14D ro discussion of the WMAB policy. MINUTES OF DECEMBER 1, 8, AND 15, REGUL^R AND DF.CF.MBER 8 SPECIAL APPROVED AS PRESENTED. Commissioner Wenzel moved, seconded by Commissioner pistor and carried unanimously, that t:IC minutes of December 1, 8, and 15, and December 8 Special be ~pproved as presented. RESOLUTION 82-1 RE PETITION FDPO-81-V-14, LONNIE ROGERS REQUESTING APPROVAL OF A VARIANCE FROM THE MINIMUM BASE FLOOD ELEVATION REQUIRED BY FDPO 79-32 ON PROPERTY DESCRIBED AS 1751 LUDLOW ROAD, LOTS 2 & 3, BLOCK 408, UNIT 13, /'1MCO BF.ACII SUDDIVIS ION - ADOPT!':D WITH CHANGES Legal notice having been published in the Naples Daily News on D~cember 20, 1981, ðnd the Marco Island Eagle on Decembor 24, 1981, as ~videnced by Affidavits of Publication filed with the Clork, public PlU) f' ? &OOK 067 PACt 05 ..------------ ---- ------------------- - -- - ---. ~ .. -' I I I . ' _ _ _ _ _ _ _ _ _ __ _ _ _ _ -ß_ _ _ _ _ - - - -'- - --- - - ----- - _:....._-~ ~o~~ 067 PACE 06 I I I ¡ ---~,.,~, January 5, 1982 hO::.1.ring ,.¡ao opened to considnr Petition FDPO-Bl-V-14, Lcnr.~e Ro']erø requesting approval of ð vðridnce (rom tho ~inimum bÐzc floOd cl~v~ci/)n required by the Flood Damage provention Ordinðnc~ on proporty dcncrlbed as 1751 Ludlow Road, Lots 2 & 3, Block 408, Unit 13, Marco Beach Subdivision. Mr. Tom McDDnlel, Planner, stated that the petitioner Is request- ing ð variance of 4.9' to permit tho cc~'struction of certain elements of a home. Chairman Wimer statpd lhat the following Items under A are recom- mended for approval by Staff and tho following Items under B are-~ "~~~- recommended for denial. .:-:.....2' A. Those items which wcr~ shown on the building permit appticð~~~ tion are listed below with the measures being taken to minimize thcir non-conformity. 1. Gym . 2. Bath I~ - Wall ~o ho removed so it complies with plans and opens to outside. 3. Bath'5 - Walls to be removed so that it is open to ground walk Brea and complies with commitment made to staff by a rchi teet. 4. Sauna - Heating equipment to bo above the flood plain. 5. Wine cellar - Cooling unit to be above f~ood plain. 6. All electrical switches and outlets to remain as roughed- in. Ground fault interrupters arc to be installed as added protection. 7. Main electrical distribution panel - To be installed as shown on plans but placed ÐS high on the ~all as the ceiling above permits. If necessary, a step will be prov ided for access and operl1t ion. . - "- ...... . . - Pag e 3 - 0- _ _ _ _ __ _.. _ _ _ _ _.._ _ _ -.. -- - - - -.- -- -.- - - - - - - - - - - - - -- ~_.,_. - - - -- -- - - - - - - - -- - - - - - - - - - - - __ - - - - - - _._ - - - - - - - 0 . January 5, 1982 B. ThoÐ~ items which were not shown on the building plans or were c~nstructcd differently than shown: 1. Bathroom 17 located in area labeled unexcavated on plans. 2. Spa circulating equipment. It is planned to locate the oquipment in the void under the spa. This would have been impossible if construction had taken place as shown ora the approved plan as there was no access provided. County Manager Norman stated there were no registered speakers, whereupon Commissioner Wenzel moved, seconded by Commissioner Brown and carried unanimously, that tho public hearing be closed. Commissioner Brown moved thnt petition FDPO-BI-V-14 be approved as recommended by Staff, whereupon the motion died for a lack of sQcond. Commissioner Pistor questioned where the spa cir~ulatin9 equipmont would be installed if the petition was turned down, to which Mr. McDaniel stated on the deck level with the spa. County Manager Norman stated that the arch1te~t for the petitioner asked for the opportunity to speak, at which time, Commissioner Wenzel mo~ed, seconded by Commissioner Pistor and carried unanimously, that - the public hearing be reopened. Mr. Victor DeKonschin, architect representing the petitioner, stated that pool pumps are normally placed on the ground in a fiber- glass box, adding that this particular pool is built 4' out of the ground which leaves space below the pool for installation and servicing. There being no further discussion, Commissioner Pistor moved, secondod by Commissioner Wenzel and carried unanimously, that the public hearing be closed. Pilg 0 .; &O~K OS7 PACi 07 ----------------- - - --- -.--.- ..------------.---,.. --... ~"""~----"'-''''''- I ! ICCK-(f67-';AGI: -":08- - - -- - -- - -- - ----- - - -- -~ - - --- - - --~ January S, 1982 Commissioner plator m~ved, seconded by Commissioner Kruse and carried 4/1 (Commissioner Wen~~l opposed), thöt Resolution 82-1 re petition FDPO-81-V-14, Lonni. Rogers requesting approval of a variance from tho minimum base flood elevation required by the flood damage prevention ordinance on property described as 1751 Ludlow Road, Lots 2 , 3, Block 408, Unit 13, Marco Boach Subdivision, be adopted as recommended by Staff with the exception that 82 also be approyed. Peg e 5 .. '"- --.. -.- - - -- - - -- -~ -.- - - -- - -- - -- - -..- - -- ---~ - - - - - - - - - - - --- _...,--,..,"'"".._--",..,.. ------ --- - - --- -------- _._--~ ---~--_._-----'~- Jðnuðry 5, 1982 RESOLU~:ON 8'--2 roE PETITION FDPO-81-V-15, ..CTOR r.. DEKONSCHIN FOR ANCLER'S COVE, REQUESTING APPROVAL OF A VARIANCE FROM THE MINIMUM BASE FLOOD ELEVATION REQUIRED BY FDPO 79-32 FOR PROPERTY DESCRIBED AS A PORTION OF TRACT ^, UNIT ", OF MARCO REM..·. ~UP,D!VISION - ADOPTED Legal noticc having been publish\-.. .. ~he Naples Daily News on December 20, 1981, and the Marco Island Ea91e on December 24, 1981, as evidenced by Affidavits of Publication filed with the Clerk, public hoaring was opened to consider rctition FDPO-ßI-V-15, Victor E. DeKonschin for Angler's Cove, requesting approval of a variance from the minimum base flood e1evðtion required by Lhe Flood Damðgo Prevention Ordinance for property described as a portion of Tract A, Unit 4, of Marco Beach Subdivision. ·Mr. Tom McDaniel, Planner, stated that tnis petition is for a condominium complex on Marco Island, ðddlng that the building permits were issu~d for 10 condominium bu¿ldings that had fire pumps and domestic water PUí.\P::: below the flood Yo ~dc. He indicated that there had becn an agreement made to attp.mpt to flood proo f the rooms in which fire - the pumps were located, adding ··hat after the agreement was made, the owner and the Planning Department decided that there was not a practical way to flood proof the rooms. He stated that Staff reluct- antly recommends approval. Commissioner Pistor statcd that there wero water closets at S.B' which he felt were not appropriate. Mr. McDaniel said that under the interpretation of the Ordinance, the bathroom that does not hav~ a door on it, is not considered a pðr~ of ð structure. pag e (; MO~ 067 PACt if . - -- ~- - - - -... - - - - - .- - - - -~ - -- - - - -- ..- -~ -- - - -- -...- - - -~ - .... ._- - -- ;-"-""-""""".."" Jl\nuary 5, 1982 Thore ~~lng no further discus~lon, Commissioner pistor movod, ~ccondcd by Commiz~10ncr Wcnzel and carric~ unðni~ously, that the public hearing bo closed. Commissioner Brown mover econded by Commissioner Kruse and carried 4/1, (Commissioner w~ II opposed), that Resolution 82-2 re Petition FDPO-81-V-1S filed by Victor E. DeKonschin for ^ngler's Cove roquesting approval of a variance fr~' . ~e minimum base flood olevation required by the Flood Damage Prevention Ordinance for proporty described as a portion ot Tract A, Unit 4, of Marco Beach Subdivision be adopted. County Attorney Donald Pickworth was di~ected by the Board to loo~ into tho Ordinance regarding specifications concerning bathroom facilities and ~lb. PaC) 0 7 ...._ 0_- ___.._. ___ __ _ __ _ _ ..__________ _ _____ _.... ._.. __,. _ ____ _ _ _ _ _____ -----------.- . .--------------------------------. January 5, 1982 RESOLUTION 82-3 RE PETITION FDPO-81-V-16 TOM BOGAN REQUESTING APPROVAL OF A VARIANCE FROM THE MINIMUM BASE FLOOD ELEVATION REQUIRED BY rDPv 79-32 ON PROPERTY DESCRIBED AS 546 NASSAU COURT, r.OT 5, BLOCK 21, UNIT 1, MARCO BEACH SUBDIVISION - ADOPTED Legal notice having beun published in the Naples Daily News on December 20, 1981, and the ~~rco Island Eaglo on December 24, 1981, as evidenced by Affidavits of Publication filed with the Clerk, public hearing was opened to consider petition FDPO-81-V-16, filed by Tom Bogan, requesting approval of a variance from the minimum base flood elevation required by FDPO' 79-32, on property described as 546 Nassau Court, Lot 5, Block 21, Unit I, Marco Beach Su~division. Mr. Tom McDaniel, Planner, stated that this particular house is having an ðddition built which requires a variance from the minimum base flood elevation as the addition exceeds 50\ of the existing structure, adding that St~ff recommends approval. There being no discussion, Commissioner Pistor moveù, seconded by - Commissioner Kruse and carried unðni~ou81y, that the public hearing be closed. Commissioner Kruse moved, seconded by Commissioner Brown and carried unanimously, that Resolution 82-3 re petition FDPO-8l-V-16, filed by Tom Bogan, requesting approval of a variance from the minimum base flood elpvation required by the Flood Damage Prevention Ordinance (FDPO) number 79-32, un property described as 5~6 Nassau Court, Lot 5, Block 21, Unit 1, ~ðrco Beach Subdivlalon, be adopted. Vag_ 8 eoOK 061 PACt 15 - - - - - - - - - - - - - - .- -- -- - - -- _.. -- - - - ..'- - - - -.. - - - -- - - -. - - JlInuary 5, 1982 P~TTTtDN n-An-3C, HU8SCH~^N ^S~nCTATES REQUESTING REZONING ~~OM "A· ^~U "mil-1" FOR,., I R.7+ M':RF' TnM~'I' r.nr,^TF.n nN T"" ~nl TfI ~'I:DE OF (I,,\'.'IS BOULEVARD, EAST OV SCOTTY'fi, CONTINUED TO FEOnUAHY 2, 19R2. Upon request of the petitioner, Commissioner Wenzel moved, scconded by Commissioner Pistor, and c~rried unanimously that Petition R-80-3C, Hubschman Associates requesting rezoning from "A" and "RM-l" for a 48.7 acre tract located on the south side of Davis Boulevard, eaRt of Scotty's be continued to February 2, 1982. PETITION CP-8l-22C, MIAMI NATIONI\L DEVELOpr:ENT CORP. REPRESENTING ALBERT, JOHN 1\ND MARTHA CARMANY REQUESTING A LAND USE AMENDMENT FROM RESIDENTI1\L LOW DENSITY (0-2 UNITS PER GROSS ACRE) TO RESIDENTI1\L MEDIUM-HIGH DENSITY (fi.72-30 UNITS PER GROSS ACRE) FOR APPROXI~1\TELY 15 ACRES IN SECTION 1, T495, R25E, LOCI\TED ALONG THE EAST SIDE OF AIRPORT ROAD APPROXIMATELY 1 -1/7 MILES NORTH OF PINE RIDGE ROAD - DENIED Legal .¡otice having been published in the Naples Daily News on - November 12, 1981, as evidcnced by Affidavit of Publication previously filed with the Clerk, public h~=rtng was continued from Decembcr 15, 1901, re petition Cr-Cl-22C, Miami Nðt10nðl Development Corp. representing Albert, John and Martha C~rmany requesting ð land use amendment from residential low density (0-2 units per gross acre) to resi~ential medium-high density (6.22-30 units per gross acre) for approximately 15 acres in Section 1, T49S, R25E, located along the east side of Airport Road approximately 1-1/2 miles north of Pine Ridge Ro ad. Mr. Terry C1ðrk, Planner, stated that the petitioner Is requesting a land use amcndment from residential low density to residential medium-high density. He indicated on ð map the location of the prop- erty, adding that Staff recommends denial as it is not compatible with Page 9 ..- -.--....- --____ - - - '·---0-.- _.____________ _._ _,_ _...__ ___ _,__ __..__ ____ ____ ..--.-....,-,'-, ,- --,.'" - - - -- - - - - - - - -- -... - - - - - - - - - -- - -.. - - - -- - - - - - - - _.... -_. January 5, 1982 the surrç.unding lands. lie staled thðt thc Coll1er County Planning ~.ncy considered tho petition on November 19, and by a vote of 4/1 reco~~ended to the BCC denial. There being no discussion, Commissioner pistor moved, seconded by Commissioner Wenzel and carried unanimously, that the public hearing be closed. Commissioncr Wenzel moved, seconded by Commissioner pistor and carried unanimously, that Petition CP-81-22C, Miami National Developmcnt Corp. representing Albert, John and Martha Carmany requesting a land use amendment from residential low density (0-2 units per gross acre) to rcsidential medium-high density (6.22-30 units per gross acre) for approxlmatcly 15 acres in Section 1, T49S, R25E, located along the eDst side of Airport Road approximately 1-1/2 miles north of pine Ridge Road be denied, as recommended by Staff. NOTE: Later in the session, upon arrival of Mr. Arnold, Vice-President, Miami National Dcvclopm~nt Corporation, the foll~wing dir.cussion took place. -- 'Chairman Wimcr explained thal a reprcscntative of Miami National Development Corporation arrived after the BCC had de~ied petition CP-81-22C earlier in this meeting and, that out of courtesy, with the Board's permisGion, said representative would be given the opportunity to address the Board at this time. He explaincd if ð rcquest for reconsideration of said petition W~8 ~e8ired that a different process would be necessitated. Mr. Arnold, Vice-President, Mi/mi National Development Corporation briefly reviewed ~ho location of the property described in petition CP-81-22C, that tn~ land parcel is approximately 15 acres, described page 10 M~K 0 67 fA~i 19 ----- -------- --- --- -,~-_.._--- ---.- - ---------- --.--.. · ---------------------------------------- January S, 1982 tho curroundtng land use as being prodomin~ntly commercia~, and th~: the said area has not legally been zoncd commorci~l, but that those uses have been "grandfathercd in", resulting in ð large amount of commorcIal traffic. 110 stated thllt Pet! tion CP-81-22C was intendcd to act as a buffer for the density of tho surrounding property. Ho explained that it would be the responsibility of the petitioner to provide required utilities for the subject property. Mr. Arnold stated that his client did not feel that the proposed zoning designation of 2 units pel acre is feasible because the property across the strcet has a zoning designation of 4 units per acre and that said property is being utilized as commercial acreage in the area. Mr. Arnold stated that if the Commissioners would be receptive to a rcquest for re~nslderatlon of Pet~tion CP-81-22C, his client would file the necessary application, but if the Commissioners werc not so inclined, thöt he would let his comments ~tand for the record. ChaIrman Wimer expli}ineù that Mr. J\rnold would have to meet: with ~ounty Manager Norman if such a "econsideration was desired. Upon indication that the Commissioners were not int~rested in reconsidering said petition, Mr. Arnold ths\ked the Board for the opportunity to speak and declined to file the necessary application. PETITION V-Bl-26-C, TIIOMAS AND MARY CLF:MI::NTS REQUESTING 1\ VARI1\NCE OF THE MINIMUM LOT AREA REQUIRED IN THE "1\" AGRICULTURAL DISTRICT, IN SECTION lIS, TOWNSIIIP 50 SOUTH, RANGF: 26 EAST - DENIED Legal notice having been published in the N~plos Daily News on December 20, 19B1, as evidenced by Affidavit of publication filed with the Clerk, public hearing was opened to consider petition V-81-26-C, Page 11 -. -.------- -.--.--- --.-_..- ---- -----.. ------- - --- -----.------ --.- - -- ---- -- -- -- - ---- -- --- - --- - -- -- ------ - - - January 5, 1982 Thomaß and Mary Clements roquesting a variance of the minimum lot area required in the "A- ^gricultural District, in Sdction 16, Township 50 South, Range 26 East. Mr. Jeff Perry, Zoning Dircctor, stated that the petition requests a variance in the minimum lot area required in the "A" Agricultural District, in Section 16, Township 50 South, Rð~ge 26 E~st. He stated that the petitioner is asking the Board to approve this variance request in order that they may subdivide their 5-acre tract of "A" zoned land into two (2) tracts of 2.5 acres cacho He stated that the ex£~utive summ~ry outlined thelsurrounding area, adding that Staff feels that the conditions surrounding are not unique to the individual property owner and Staff Is unable to support the variance and rerom- mends denial. Mr. Clements st~ted that he did not feel that it would be detri- mental to the neighborhood, adding that he purchased the land after 1971, and wanted to subdivide the property in order to se~ half of it. 7here being no further discussion, Commissioner Wenzel moved, 8econd~d by Commissioner Pistor and carried unanimou&ly, that the public hearing be closed. Commissioner Wcnzel moved, scconded by Commissioner Pistor and carried 4/1, (Commissioner Brown opposed), that petition V-Bl-26-C, Thomas and Mary Clements requesting a variance of the minimum lot area required in the "A" ^gricultural District, in Scction 16, Township 50 South, Range 26 East, be denied, as recommended by Staff. PlIge 12 M~K 067 PACf 21' __ __ ,__ __. _,_ "_-0 .-- -- - - -- - -- -1 -" .-." -- _.. -- -- - - -- - - - - - - - ---.....,... ì !III I ------~~-------~------------------------~ &Q!)K (367 PAtf Zl January 5, 19"2 I cnDINANCE P2-1 R~ PETITION R-Pl-2fi-C, WORLD TENNIS CENTER ~SSOCIATI~~ p~,=,IJ~C:'I'TN(: HF:'7.(\NTNr. FROM """ 1'0 "PliO" FOR AN A2 ACRE PROJECT KNOWN AS WORLD TENNIS CENTJ::U, LOC^,l'I::D ACROSS FROM PINE WOODS SUBDIVISION O:~ AIRPORT ROAD - ADOPTED, SUBJECT TO AMENDMENT OF TIlE PUD DOCUMENT Leo Kirchhoff, Planner, stÐted that Petition R-81-26-C is a request by the World Tcnnis Center Association, adding that the poti- tioner is proposing 321 multifamily dwelling units at ð density of 4 units pcr acre. She stated that this petition had boen previously denied by the Board on December 8, 1981, and further noted that the COllstal Area Planning Commission rccommended approval at their November meoting, subject to several stipulations. Mr. William Barton of Wilson, Miller, Barton, SolI, and Peak stated that he felt the Board's reason for denial previously was in regard to the sewage treatment plant. He stated that if the County is - desirous of the sewage treatment plant, his clients lire willing to oblige thu Co~nty in that regard, edding that the sewage treatment plant facilities and site will be dedicated to the County. Commissioner Wenzel moved, rcconded by commissioner pistor and carried un~nimously, that Ordinance 82-1 re petition R-81-26-C, World Tennis Center Association req"osting rezoning from "A" to "PUD" for an 82 acre project known as World Tennis Center, located across from pine Woods Subdivision on Airport Road be adopted, as numbered and entitled below, and entercd into Ordinance Book No. 14, subject to tho following stipulations, as amended by verbal agreement by tho petitioner's represcntative regarding dedication to the County of all sewer facilities. (See Stipulation F, l-~). Page 13 . . __ _ __ ___ . L.- __ _ _ _ _ __ _ __ _ . _.~~ - - - -.. -- - -.- - - - -- - - - - -- - - - - - - - -- . - - - - - - -- - - - - -.. - - - - - - - - - - -.. - - - -- - - - - - - - - -- - - -- Janullry 5, 1982 A. Detailed Water Management Master Plan shall be submitted to the WMAB fcr review prior to the start of any con- struction. 8. All water management contro~. structures must be designed to inaure that they neither cause incrensed drainage of Tracts ^-l and A-2 during dry periods nor cause increased water retention during the rainy season. C. Roadway in Tract A-2 shall b~ ~esigncd with culvcrts in order to maintain flow between the two sections of this area. D. Every effort shall be made to protect and preserve those trees outside the boundaries of Tracts A-l and A-2. E. Plans ðnd PER permit applications for the sewage treat- ment plant shall be submitted to the Utility Division in accordance with Ordinance 80-112. F. An Agreement"' "ith the owncr of the development stating that: 1) They and their ass~gns will retain full ownership and responsibility tor tho maintennnce of the on-site facilltics. 2) Connection to the County's central sewer facilities will bc made by the owners or their ~ssigns at no cost to the County or the County Water-Sewar District within 90 days aftcr such facilities bðcome available. 3) The owncrs or their assigns will pay ail systcm developmcnt charges mandated by County Ordinances, District Resolutions or other legally acccptable instruments. 4) The sewage treatment plant ~nd related appurtenances will be removed by the owncrs or their assigns at no cost to the County Water-Sewer District when the proposed development is connected to the County's central sewer system. . petitioner's representative verbally ðgr~ed to dedication of sewer facilitios during this session. G. Provide a ~~rec-lllne acccss in alignmcnt with the exist- ing access to pine Woods with right-turn deceleration lane. pag e 14 &OOK 067 PAti Z3 -- - - -- - - - - - - -- - - ,- -- .- - - - - - - - - -- - -- - - - - - - - - - - - Page 15 I I I I -------~--------~------------------------~ 1 &OOK 067 PAGE 24 January 5, 1982 H. The developer or proporty ownors ~snociat10n shall provt( H II fair nho"lre cC')ntrlbutlon towl'rd the c,-,pital cost of a traffic signal when doemed warrðnted by the County Englntler. The signal will be owned, oporated "nù main- tained by COÂlier County. I. Exemption to 1,000' maximum length for a cul-de-sac. J. Allow crushed shell for bike paths instoad of asphalt or concrete. ORDINANCE 82-1 AN ORDINANCE AMENDING ORDINANCE 76-30, THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AR~A OF THE COASTAL AREA PLANNING DISTRICT BY AMENDING THE ZONING ATL^~ MAP NUMBER 49-25-6 BY CHANGING THE ZONING CLASSI- FICATION OF THE FOLLOWING DESCRIBED PROPERTY FROM "A- AGRICULTunr. TO "PUD" PLANNED UNIT DEVELOPMENT FOR THE PROPERTY KNOWN AS THE WORLD TENNIS CENTER: PART OF THE SW 1/4 OF SECTION 13, TOWNSHIP 49 SOUTH, RANGE 25 EAST AND BY PRO~IDING AN EFFECTIVE DATE. . -- -- - - -- - -.. - - - --. -- - - -- - -- -. - - - - - - - - - - - - - - - - - -- - - - -- · - . ...- -. -. - - -- --- - -- - &OO~ U61 PAtf Z8 I I I I ._ _'_ _. ___ - _.0 __ __ __0 __. .__. __ __ _.. _. -_ -_ -..-.- - -- - -.- - ~ JlInuðry !), 1982 I RESOLUTION 02-4 RE PETITION PU-~l-l~-C, CHARLEr. FALCO, R~QUESTING PROVIStCT';AL U:3E:5 (3) AIm (5) OF TI1F. ESTATES DISTRICT FOR A ¡:;OARDING SChooL oN 'rRACC LH, UNIT 12, GOLOEI-I GAT;:; ESTATES, t.OCi\TED ON TilE \~EZT SIDE OF WILSON BOULEVl\HD ]/2 MILE SOUTI1 OF GOLDF.N GATE ßOULEVARD - ADOPTED, SUBJECT TO STIPVL~TIONS Lee Kirchhoff, Planner, indicated the general location ~n a map, adding that the petition was originally denied by the BCC on December 1, 1981, due to tho number of children that would be on the property. Commissioner Kruse stated that part of her reason for denial was the number of children on tho property as well as the number of in- creased vehicles on the limerock roads. Mr. Charles Falco stat~d that the facility will be named "The Rocktng F Ranch Educational Community, Incorpnratcd" which will bring together the local community people in Golden Gate and offer to them facilties that ~ not available at chis time, as far as continuous adult education at night and meeting rooms for various organizations. He advised that the school would occupy ¿~OO square feet and would be an open plan structure, which would seat 320 people. He described the school 35 having grades K-9 and ~ maximum of 60-70 students, adding that there would only be one bus for all students to avoid vehicle traffic and destruction of th~ limerock roads. He stated that he was trying to estðblish ð family oriented school. To Commissioner Pistor's question whether the facility will be a daily school or a boarding school, Mr. Fðlco stated that the first phase will be operated on a daily basis and, in the future, if the need ariscs for a boarding school, there will be such a facility available. Page 16 -- - - - - - - - - - - - - - - - -- - -- - - - - - - - -- - - - - - - - - - --- .- - -- - ---- - -- _... - - - - - -- - -- - - -- - -. - - - --- - ---- Jðnuary ~, 1982 To Comml~sioner pistor's questicn of how 320 poople can be accom- ~odated with 22 parking spaces, Mr. Falco ~tðtcd th~t tho option for that many people lø available, adðinq that he ðid not foresee having that many poople use the facilities. To Commissioner Wenzel's question of Mr. , Mrs. Falco's education, Mr. Falco st~lcd that he majorcd in Industrial ^rts Vocational Reha- bilItation for the Retarded and Mrs. Falco replied th3t she has a degreo in elementary educ~t1on. Commissioner Kruse stated that once provialonal use is granted in an arelt, changes can be made, that allow considerable growth. She stated that a boarding school is not compatiblL with tho aroa, adding thllt she could not vote for it. 'She eðid that in ordor to vote for ð provisionnl uno, the responsibility to the surrounding neighbors and neighborhood has to be ta~en into consideration. She further noted that to put such a fðcility in tho middle of a rural area without an oxtreme need is unconscionablo to the people in the lIrea. - Mr. Falco stated that, in regards to the limerock roads, the people on S.W. 1st Street m~intain the road, adding that he is in agreemcnt with the people to also help maintain that road. Commissionor Kruse moved, seconded by Chairman Wimer, that peti- tion PU-18-l6-C, Charles Falco requesting provisional uses (3) and (5) of the Estates District for a Boarding Scl,ool on Tract 1]], Unit 12, Golden Gate Estates, located on the weat side of Wilson Boulevard 1/2 mile south of Golücn Gate Boulovðr~ be donied. Upon call for the question, the motion fðiled 2/3 with Commissioners erown, Wenzel, ðnd Pistor opposed. r'lIqct 17 80!) ( 067 fAti 29 - .; - _...-. . . -_..~- -...-- --- '-.'--' - ..--...--. -. ------..- --..... ----- --.- - -- -..- -- - - - ..-.' -- _. I I ' I ------~----- ---~--- ----- -- - ---- - - - ------- ~ J aOQ~ 067 PACf 30 January ~, 1982 ,..,-,-~ 'upon Ch~lr~~n ~:im~r lndic~ting the floor wa~ open tor ðnuther motion, Commissionor Plator moved, o~~~nðrd by Commissioner Brown and upon roll call voto carried 3/2, (Commissioner Rruse ðnd Chairman Wl~.r opposed), that Resolution 82-4 re Pctition PU-81-l~-C, Charles Falco requosting provisional uses (3) and (5) of the Estates District for 0 Boarding School on Trðct 131, Unit 12, Goldon C~to Estatos, located on the west side of Wilson Boulevard 1/2 mile Bouth of Golden Gate Boulovard be ~dopted, subject to tho following stipulations! '",,- A. Detnlled sitc drðin~ge plans be submitted to the County Engineer for review prior to the start of nny conatruction. B. Health Depðrtmcnt approval of the proposed well and septic tank. C. Property dimensions ahall be modified to reflect 100' width of Wilson Boulevard and overall proporty line distance of 680" bCLwcen-Ecnter line of Wilson Eoulevard. D. No construction is permitted within 60' wide bisecting ease- ment nor the 30' wide southorly oasement. E. ",11 future 51',ns must be approved by the Zoning Director. F. All lighting must be situated so as to avoid glare to noigh- boring properties. .****RECESS: 10:00 A.M. RECONVENED, 10:05 A.M., at which time Deputy Clork Kenyon WAG replaced by Deputy Clork Skinner.*"··" Page lR -.----- ------ -- -- ------ --------------------- I . I .._ .._ _. __. _ _ __________.__ _____ _ __" _ _ - -- -- -.- -------1 &OQ~ 067 PACt 36 Jtmuary 5, 1982 I STAFF ^UTHORXZF.D TO PROCEED WITH TilE COORDINATION OF COUNTY COMPLEX EXPANSION MASTtR FL^N WITII ~unnOUN~IHC PROPEPTY OWN~R5 OF PRr.~~NT C(lVER¡'¡¡'¡F:NT cr: ,PLEX ~C¡'::~::G~ ::;CI:::=U:':::~ !:c~ 1/12;!!2, ~F. I\I'1THTtON^L MINIMUM 5 y~^n r,P^CE NEF.DS County Mðnager Norm~n e~plðined his roquest that tho Doard authorizo staff nnd the space consultant~ to enter into active joint planning with the proporty owners of the land immediately surrounding tho Courthouse Complex. He said that he requested the consultants to prcpare a report re project~d County needs which were not included In the previously approved County government contor e~pansion plan. He briefly described his conccrns re the noed for the County to provide additional space for the bðl~ncc of the County divisions' nnd agencies' needs which were not addre98~d in tho aforcmontioned approved expansion plðn. Mr. Norm~n ~cferred to a mc~o dated 1/4/82 from r.aryl B~iles, copies of which had been mado available to tho Commissioners this date, thðt addressed Mr. Norman's request for ð report re the minimum 5 year necds that would lend themselves to another office facility on property adjoining the prcsent County Complc~. Mr. Norman Ruggest~d that the subject might wDrrðnt ð workshop to be hcld re same and he requested the opportunity for Mr. Bailes to put the situðtion ir perspective. Mr. Bailes, repr~sentlng Polizzi/Heery, explained that Attornoy George Vega, Jr. and Mr. Dewey Gargiulo, Trustce of lands surrounding thc Courthouse, have ~ndicatcd n desire to work with Collier County in the development of 6nld property. lie Raid that his firm has conducted two atudles ðnd that the amount of the projected space noeded by the County in the noxt fIve years has beon minimized by deleting cortnin functions ~hich are not absolutely necessðry. He roferred to his ~.mo of 1/4/82 which listed those functions and explained that a proposed Pð9. 19 __ __ _ _ _ _ __ __ _ _ _ _ _ _ 4_ __ _ - -- - -- -- ,- -- -- --- . l--- --- - - - - - - -- - - - - - - - -- - - - - - - - - - - - - - - - --- I JanulHY 5, 1982 Services Building. which could be constructod at a minimal c~~t, coulð house the fu!lowing functions. purchasing Building Maintenance Clerk of Courts Stor~ge Motor Pool Mr. Bailes explained that tho 5 yeðr projccted County deficit would be 39,500 groBs square feet and that deficit could be rcduced by approximntely 10,500 gsf if the 8th floor of Building "F" were completed liS finished space, thereby lellving a deficit of approximlltely 30,000 gsf. Commisoioner W~nzel asked Mr. Norman to provido t~o Board with A ch~rt listing the rents versus capital expenditures to indicate the foasibility of the County to rcnt t~e facilities to which Mr. Bal\es 'referrcd or if ~ six story building, constructed next to the Courthouse on County owned property, would ba mora boneficiÐl to the County. Chðirman Wimcr stðted he fait euch information would bo very useful. ^ftcr continued discussion, CommisAion~r Plstor mov~, seconded by Comm1~sioner Kruso and cðrricd unnnimously, th3t the BCC authorize staff to proceed with the coordination of the County :omplox txpansion Master Plan with the surrounding propprty owners of the present Government Complex and that a workshop be scheduled for 1/12/02 following the workshop for imp~ct fees. &O()K 067 PACt 37 PAge 20 --....,_.._.._______..___.._______..__..__. -- P. -,- .,-. -- --.-- .-- _. ..'- - -... -. _..- - - . .. - . -. -- -- - - --. --'~ - -- .-- - -- - - ...- - - - - - - -.. - - -... - -- - - -'- - - -- -- -- &OD~ 067 PACt 38 January 5, 1982 BOARD AUTHORIZED ACCEPTANCE WITU APPRECI^TION OF THE DEED, a.T ^ U\TEn DATE, TO PROPEHTY LOC^TED ON GOLDEN G^TE BOULEVARD ^ND 13TH STREET SW IN GOLDEN ~^TE EST^Tr.~ DON^TED 'BY WILKINSON-MEFFERT CONSTRUCTION co.' & WILKINSON-MEFFERT nE^L EST^TE, INC. FOR USE ftS ^ FIRE ST^TION WITHIN ^ REASONABLE LENGTH OF TIME Commissioner Kruse exp1einod that Wilkinson-M~ffert Construction Company and Wilkinson-Meffert Real Estate, Inc. have made ðn offer to donate to Collier County a site on Golden Gate Boulevard in Golden Gate Estates for the purpose of construction of ð sorely needed fire station. Mr. Jerr.y Drake, repres~nting the aforementioned firms, said thðt due to the current ra~id expansion of Golden Gate Estates there will br a need for more public services but that the area has not been designed for such services, and that for this reason the firms have decided to donate to Collier County the previously described parcel of l~nd for the purpose of construction of a firc station. He introduced Mr. Bill Schweikhardt to answer any legal questions which the Commissioners might have. Attorney Schweikhardt stated he was delighted to be present to give the County the property and explained that the firms of Wilkin- son-Meffert Construction and Wilkinson-Meffert ReBA Estate, Inc. propose to donate a parcel of land 75 feet by 660 feet located on Goldcn Gate Boulevard, 300 feet east of 13th Street 5W, with the understanding that within a reasonable length of time a fire station will be constructed on that sito. He stated that if the Golden Gate Fire District became an independent fir~ district in the future, his clients request that Collier County transfer this property to that district, and that ~herQ would be a reverter clause in the deed in the event that tho property is not used for a fire station. CommIssioner Plstor moved, seconded by Commissioner Kruse and carried unanimously, that the Board of County Commissioners accept, at Page 21 ---------------------------------------- ---- - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - -. .------ JlInuðry 5, 1982 a l~tcr dat~, with thðnks and ðpprcci~tion, the deed to proporty located on Golden Gate Boulevard Ðnd 13th Street SW In Golden Gate Estates donated by the aforementioned firms for the purposc of con- struction of a fire station within a reasonable length of time. PETITION TR-81-3C, THERMAN WALKER, REQUESTING AN EXTENSION OF A TRAVEL TRAILER PERMIT ON THF. WEST leO' OF TR^CT 77, UNIT 19, GOLDEN GATE ESTATES - DENIF:D Zoning Director Perry referred to the Executive Summdry dated 12/15/01 re petition TR-Rl-3C and explained that following expiration of the initial building permit, because no construction has continued on Mr. Walker I s residence, he made application and 'was issued a new permit on 12/9/81. Mr. Perry said that Mr. Walker feels that he is entitled to a new six month temporary residence permit; however, staff feels that the only permit which is available at tt.is point is a three month extension which would terminate on January 7, 1982 and, because Mr. Walker's residence could not be completed in that l~th of time, staf( rocommendo denial of Petition TR-81-3C. A discussion followed during which Chairman Wimer stated th~t legally tho BCC cannot givo tho requested extension. Commissioner Pistor said he did not want to see Golden Gatcs E3tates "turned into a mobile home park" because the BCC grants the temporary residence permits and "th~y b~come permanent". Mr. Walker was not present at this discussion. Commissioner pistor moved, seconded by Commissioner Brown and carried unanimously, that potition TR-81-3C, filed by Thorman Walker requesting an extcnsion of a travel trailer permit on the West 180' of Tract 77, Unit 19, Golden Gate Estat~s be denied. Durin~ thp. ensuinq discussion, County ^ttorney Pickworth agreed ,..ith Mr. Nvrra.ln':. atiltcJ:1cnl th.lt '·~r. \:<11ko1' has UH~ llyhl lú ð¡::- ~bl \.hu Board'a denial of his pctition. &OQK 067 PACt 39 Page 22 - . - ... -.. . ... - -, -- . -.. .. -. .- , . II 1- 067-Pitt.-40· - -- - - - - - ~ - - - - J'"u.~y-; ~9.'----- - -- - - - -- j ¡,r,~~ 'I PETITION TR-OI-ICC, MR. & MRS. WALTER WIIIPPLE, REQUESTING THE CONTINUED US E O!: ^ '!'P.."_ '!!::!. TP..... It.En !'.S .", '!'f.1" rc~".p.y p. E5 IDE~ (: E ~u!t I NG '!'HY:; C'':':!ST!'''''::''!'- ION OF A PRINCIPLE RESIDENCE ON TilE EAST 150' OF TRACT 17, UI~""T fI, GOLDEN GATE EST^TE~ - DENIED. ST^FF DIRECTED TO RE-DRAFT OnDIN^NCE 80-99 TO INCLUDE TIIAT ':'BE INITI^L TEMPOR^RY RESIDENCE PERMIT BE 9 MONTHS INSTEAD OF THE CURRENT 6 MONTHS WITH 'A 3 MONTH EXTENSION Zoning Director Porry referred to tho Executive Summary dated 12/15/81 re Petition TR-81-l0C, filed by Mr. ðnd Mrs. Walter Whipple, requesting the continued use of a travel troiler as a temporary res i- dencc during the construction of a principle residence on the east 150' of Tract 17, Unit B, in Golden Gate Estates. He explained that tho petitioncrs have received the maximum timo limit of 9 months as provided in the Ordinance and that staff recommends denial of this petition. He explained that the petitioners have been notified that as of November 11, 1981, the expiration datc of their temporary residence permit, they are~n violation of Ordinance 80-99 and they have been ordered to remove the travel trailer from the site under discuss1on. Mr. Whipple, petitioner, explained th~t pr~or to plnclng a travel trailer on the subject property approximately $700 worth of materials was stolen. He enumerated his reasons for rpquesting an extension to the tempor uy residence pE'':"m1t which included the fact that he and his wife arc constructing their home on weekends and at night aftor he completes his job, and that they will need another six months to complete construction. He stated that hr felt he should be able to protect himself from theft and vandalism, referred to a photograph of his trailer, copies of which the Commissioners have, and noted that said tr~iIer is not visible from the road. During the lengthy discussion which ensued, Mr. Walker stated that Page 23 . ---.. --- -.-----......-.---.-- ..--- --. ---.-- --.--- --' --.---- ------- -- -- - ..--- J F.ECORVIĊ’'S Mt...\iu: LqClIJ".¡I~ I oJ W1Ítin80 Trrin l; or Pllnlln~ IU'lNtiaJactory in Ú1i, docuDlw' ...hen reoein'd. -- - -- -- - - - - - - - -:!- -. - - - - - - - - -. - - - - - - - - - - -- -- - - - - - -- JlInuðry 5, 19R2 ~"~"',:~" ._~; ""Þ he and h~s wi fo 1 ive ~n the aforementioned trailer and thot his "Make-shift" scpti~ sya~~m was not approved by the Health Department. Re!po1ñ):}ng to c;c;'":~. ai=-;t.-er Brown's question, Mr. Whipple said that he . . . t ., . r {....I. would need ~not;~~'~i: months to a yeðr to complete construction on his . >j... ·,4. . pe rmancn t reg 1,j,~ '1 ': ~),.. . . i>. . . CommlH8ion~r Kiuse explnined to the petitioners that she is in . full ðgre~mp.nt ;with Ordinance 80-99 because she feels that people must .... If' be ðílow~d tho opportunity to "build themselves", expressed sympathy for the petitioners, ðnd she said that if the BCC approved Petition TR-81-10C thðt she fears such action would "apoil it for everyone". / County Attorney Plckworth said thùt when Ordinance 80-99 was origin~lly adopted the fi month pcrmit WðS basicðlly to allow "dried-in" completion of a permancnt residence. Chairman Wimer explained that the ir.tcnt.of said ordinance was not to provide ð li~ing area while a ! permanent residence is being built but rather to safeguard materials stored outside on the ground, until the structure could ~ shelled in ðnd said material could be stored inside ðnd the structure could be locked. He said he understood the situation which the Whipples have explained, that he was one of the original proponents of Ordinance 80-99, but thðt he could not approve continuously granting extensions for the same reðsons that Commissioner Kruse previously stðted. In answer to Commissioner Brown's question of whether he could make a motion to grant the requested extension, Mr. Pickworth responded that such a motion would not be possible according to his interpreta- tion of Ordinance 80-99. Mr. Whipple explained If he has to move the aforem~ntloncd trailer Page 24 &oO ( 067 PACt 41 -- '.- -- - - ...-...- - -- -- ---- ---- - ----- -- -- -- - ~_. -..- of 1!r~ !~ fr~n~ of ~~ld ~r~ilpr ~hlch wo~11 n~~~ t~ hp. rpm~v"~, I ! I .- - - - -- - - - - -- - - - -.! - -- - - - - - - - - - -- - - - - - - - - - - ~ JDnuary S, 1982 I ßOO~ 067 PACt 42 that some time wo~ld be rcquired dun to the f~ct th~t t~9re are piles Chairman Wimer assured Mr. Whipple that staff would not be unreasonable in thi s rcgard. 110 said that the Commissioners were not unsympathetic to Mr. and Mrs. Whipple and that the BCC had gone to the very maximum of the law by the previous extension which has boen granted. Commissioner Wenzel moved, seconded by Commissioner Rruse and carrie~ unanimously, that Petition TR-81-10C be denied. Following additional discussion, Commissioner Kruse moved, sec- onded by Commissioner Wenzel and c~rried 3/2, with Commissioner Wimer and Pistor opposed, that staff re-draft Ordinance 80-99 to include that the initial temporðr~ residence permit be 9 months instead of the current 6 months with ð 3 month extension. PETITION TR-81-31C, C^RL!S HOWARD, REOUESTING A TEMPORARY RESIDENCE PERMIT TO UTILIZE ^ TRAVEL TRAILER DURING CONSTRUCTION OF ^ PRINCIPLE RESIDENCE ON W 7S' OF E 150' TrthCí 84, UNIT 18, GOLDEN GATE ESí~TE3 - DENIED Zoning Director Perry refcrr~d to the Executive Summ~ry dated 12/14/81 re petition TR-8l-31C, filed by Carlis Howard, requesting a tpmporary residence permit to utilize 8 travel trailer during con- struction of a principle rp.sidence on the west 75' of the east 150' of Tract 84, Unit 28 in Goldcn Gate Estates. Ite explained that Mr. Howard's property is located 1/2 mile east of S.R. 951 across from the site of the new shopping center and that staff docs not consider said location sufficiently remote to approve the petitioner's request. petitioner Carl is Itoward explained his request for permission to put ð trailrr on his property for 6 months in order to protect the page 2S o~'.... .._~.. ___ .__ _ _._ __ _.. - _..... ___ _.. _______ - - ---. __0 ___. ________.___ .-.- -- .--- - - -- - - - - -- - - - - - - - --- -- --- ---- - - - - - - - - - --- - - -- JZlOulIry 5, 1982 building materißls which he needs to construct hiG principle residenco. Ho explained thDt plywood has already been stolen from his property and used to build a chicken house on a neighboring land parcel and that proviously he has had someone at thc propcrty undcr que~tlon during the day lInd evcning hours to guard against such theft but that he is now ready to bcgin building. Commissioncr Kruse explðined that the regulations which are outlined in the Exccutive Summary to which Mr. Perry earlier referred were adopted spccifically for remote areas and that the subject prop- erty is not in such an area. Commissioner Wenzel said that a construction trailer would be permitted on the property ðnd he asked Mr. Howard why he did not use such a tra ller for storc')ge 0 f his . materials, to which Mr. Howa rd responded that most of the material which needs to be protected is too large to fit In such a trailer, i.e. 16' and 18' 2" by 6" lumber. Commisioner Pistor moved, seconded by Commissioner Wenzel and - carr~ed unanimously, that petition TR-81-31C be denied. RESOLUTION 82-5 EXTENDING PROVISIONAL USE FOR THE FIRST BAPTIST CHURCH OF GOLDEN GATE FOR A CHURCH AS APPROVED BY TilE B01\RD UNDER PETITION PU-80-16C ON FEBRUARY 3, 1981 TO FF.BRUARY 3, 1983 FOR PROPERTY LOC1\TED ON TRACT ]63, UNIT 27 GOLDEN GATES EST1\TES - ADOPTED Planner Lec Kirchhoff referred to tho Executive Summary dated 12/22/81, re a request by the First Baptist Church of Golden Gate for an extension of the time pcriod for Provision~l Use for a church 8S approved by the Board under petition PU-RO-l~C on 2/3/81, and said that staff rccommends approval of said requcst. Commissioner Wcnzel movcd, seconded by Commissioner pistor ond rage 2fJ &00)( 067 PACt 43 ._. -- - - - _. - - - -- _.. - - -.-. -. - -- - - - -.- -.- ...-. .- -. --- ..-. - - - _... - -_.. - .,.-- ...- -- ·_e _ _ _ _ _ _ _ - - - - - - - - - - - - - - - - - - - - - - - - - - - -'- - -- :~~ 067 PACt 44 January S, 1982 CArr led 4/1, wi th Commlss ioner Kruse opposed, thAt R~soluti~,} 82-5 extonding th~ rrovi~ionðl Uno for n church on property locðtcd on Tract 163, Unit 27 Golden Gðtes Estates be adopted. pago 27 ~ -- -- -~-_. - --- - - _. ._.~ -- -~ -..----... ---------... -------' ---------..-------- · .. _ _. __ ..____ _____ ___ _____________.4_______ __ - - -- -.---- -.'- ßOO~ 067 PACt 46 January 5, 1982 EXPENDITURF OF $1,7JO FOR THE PARTICIP^TION OF TWO COUNTY PLANNERS IN A REr~CTE SENSI~G ^I"PLIC1\T!nNS cnunsc:/woru~GI:OI" - I\rpT':ov::::t:: Community Development Director Virta ruforreù ~u the Executive Summary dated 10/16/81 and explained that the BCC recently approved to have staff obtain bids to identify all wetland areas in the County, primarily in eastern Collier County and that this can best be performed by using aerial photographs and othcr remotely sensed data. He explained the Planning Department's request for the BCC to allocate budgeted funds for participation by two County Planners in a Remote Sensing 1\pplicðtions Course/Workshop to bc held April 6 through April 9, 1982 in Slidel, Louisiana. He stated that the expenditure for the total cost of this Coursc/Workshop is $1,730.00, which excaeds the $500.00 tra~el limit and that acc approval is required. *****Commissioner Kruse left the room at 10:50 A.M.**** After short discussion durinCJ which Mr. Virta stated that this course covers a highly specialized area, Commissioner Pistor moved, seconded by Commissioner Brown and carried 3/1, with Commissioner Wenzel opposed and Commissioner Kruse absent, that $1,730 be authorized for t~e participation of two county pl~nners in a remote sensing applications course/workshop. PUBLIC BIDDING I"nOCESS W1\IVED, IMMOKALEE UTILITIES CORPORATION AUTHOR- IZED TO INSTI\LL W^TERLINE F1\CILITIES IN IMMOKALEE FOR THE AMOUNT OF $43,250 Public Works Administrator Barksdale rcforred to the Executive Summary dated 12/17/81 which explains that in its Capital Improvement Program for FY 1981/82, tho BCC approved the sum of $45,000 for the Page 28 ---------------------------------------- ------------- --_.- - ----------- --- ---------. JClnuary 5, 19A2 installation of waterline facilities in Immokalee which would serve the Sheriff's Joi: Center, Road and Bridge Barn Fncility and the Alcohol Rehabilitation Center. He explained that these facilities are cur- rently being served by wells with indivi~ual chlorinators which have given numerous problems, and that installation of said facilities would give fire protection to the area served. He said that the Immokalee Water-Sewer District has quoted a price of $43,250 to install the aforemcntioned waterline facilities which is far bclow the currcnt cost for such installations and the utility company proposes to use its employces for most of the work between other routine jobs. Commissl~ner pistor moved, seconded by Commissioner Brown and carried 4/0, with Commissioner Kruse absent, that the public bidding process be waived and thnt the Immokalco Utilities Corporation br authorized to install waterline facilities in Immokalee for the amount of $43,250. RIGHT-OF-W^Y AGREEMENT CORRECTING AN ERROR IN THE LEGAL DESCRIPTION FOR ^ PORTION OF L^KE TR1\FFORD ROAD - APPROVED; CHAIRM1\N AUTflORIZED TO EXECUTE THE DOCU~1ENT Public'Works Administrator Barksdale explained that his departmcnt recently received a request from a property owner's attorney for a Right-Of-Way 1\grcement for property on a portion of Lake Trafford Road. He said that therc was a proposed sale of property adjacent to the subject property and that the owner could not receive clear title because of a survr.y error in the original Federal survey, and that following investigation of the legal description, that his department concurs that therc is an error in the leg~l description for a portion Page 29 &O!)~ 061 fA&i 47 ..- ~ -- . -- -- - - - - - - - - -- - - - - - - - - - - - - - -- - -- - - - - - - - - - - - -- ~IJ~~ 067 fACt 48 Ja~uary 5, 1982 of Lake Trafford Rood. He explained staff recommendaton that the DCC approve and executo ð Right-Of-Way Agrcement for Lake Trafford Road which would correct that crror but would not affect the ro~d Right-Of-Way. Commissioncr Brown moved, seconded by Commissioner plstor and carried 4/0, with Commissioner Kruse absent, that the Right-Of-Way Agreement correcting an error in the legal description for a portion of Lake Trafford Road be approved and that the Chairman be authorized to execute the document. pag e 30 ---------------------------------------- January 5, 1982 - - - - - - - - - - - - - - - - - - -... - - - -- - - - - - - - - - - - - - - - -.. BID 1524, TRANSPORT^TION DEPT., FOR VJl.RIOUS VEHICLES - AWJl.RDED TO VARIOUS VENDORS IN TH£ AMOUNT OF $155,137.60; CHAIRMJl.N AUTHORIZED TO SIGN Jl.ND THE CLP.RK TO ^TTE5T THE REfiULTING Jl.GREF.MENTS Legal notice having been published in the Naples Daily News on November 2 and 4, 1981, a8 evidenced by Affidavit of publication filed .,:,. . with the Clerk, bids were received for Bid 1524 for trucks and heavy equipment, up to Dccember 2, 1981. Jl.dministrativc Services ^dministrator Smith explainod that the follo~ing bids for Items for which funds have been budgeted are recommended for Bce approval: ITEM VE:mOR 1. One 3/4-ton Panel Van Nap1eß Dodge Corp. and tilreo-l/2 ton Pick-ups Na pic 5 Dodge Co r p . 2. One 3/4-ton Crew Cab Pick-up Naples Dodge Co r p . 3. One 2-ton Flat Bed truck Tamiami Ford Corp. 4. - ~;o Crew Cab Fl.!!t Bed trucks Wallace Intornðtional Co r po rat ion One Grader Cafte r trade-in) 5. H.F. Mason Equipment Company TOT^L Jl.MOUNT $ 8,262.62 20,810.31 9,015.~5 13,996.32 43,275.40 59,777.00 $155,137.60 Commissioner Brown moved, seconded by Commissioner Pistor and carried 4/0, with Commissioner Krusc absent, that Bid .524 for various vehic~~s be award~d to the above listed vendors in the amount of $155,137.60 as contained in the recommendation of the Bid neview Committee as being the lowest bids in the best intcrcst of the County, and that tho Chairman be ~uthori7.cd to sign nnd the Clerk to attest the rcsultin~ agreements. aoo~ 061 PACt 53 .. . .... -.. ~. .. ." - .. - - .. - .- -- - - ,- - -.. - pag e 31 . . .... _. .. ... .... r............ - - -.- - - - - -- -- -- -- - - - - -- - -- -- ---- - - - - --- - - -... -- ~c,~ 067 PACt 54. January 5, 1982 BID '531, SCHOOL ^ND P^RI~ FE~ICING - DE~IIED Legal notico having bCCln published 1n the Naplca Daily NElws on November 17 and 19, 1981 as evidenced by Affidavit of Publication filed with the Clerk, bids were rcceived for Bid '531 for bal'field 8nd park fencing, up to December 9, 1981. Âdministrative Services Administrator Smith explained that staff recommends that the above described bid be awarded to the low bidder, Quaid Fence Builders, Inc. in the ðmount of $14,465.51. Chairman Wimer asked why the recommendation is to remove 4' fencing and to replace it with 6' fencing, and Mr. Smith requested that Assistant Park Director Murdo Smith respond. Mr. Smith explðined that the reason for such removal an0 replace- ment is primarily for the safety factor, since overthrown balls from the ballparks ðre striking people, that ther~ havo bopn Instðnces when children are being struck in the face when they run up against the 4' fence, and because the present 4' fence does not afford t~e control of a 6' fence since it is easier for children to get over the lower fence. In response to Commissioner Wenzel's question, Mr. Smith expl~ined that, without fencing, children would drive dirt bikes in the areas and "tear up the grass". *****Commissloner Kruse returned to the room at ll:O~ ^.M.*·*·· During the ensuing discussion, Mr. Smith explained that most of the removed 4' fencing will be retained for use elsewhere when the need arises. The point was made that enough of the 4' fencing was salvaged to install at the Caxambus Boat Ramp but that tho cost would be prohi- bitive to add 2' to tho present fencing since somo of the 4' fencing has deteriorated. Page 32 -- - - - - - - - - - - - - - - - -- -- ------ - - - -- - -- - -- - --" ..,---_..',,,-, --------- -- - -- - -- -- - - --- -- - ...- - - - - --- - - - - - -- Jðnuðry 5, 1982 Commissioner Kruse asked if the 6' hoight cðn be instðllod without A vAriðnce and Mr. Smith explained it is his understanding that cur- rently 6' fencing is being constructed around all of the schools. County Manager Norman explained th~t, ðpproximðtoly one year ago, beforo tho request under discussion WðS preaonted to him to be part of the County budget, he received a phone call from conccrncd citizens ond a letter from an employee of the County's insurance agency who oxpres- seð the concern that Collier County was exposed to serious liability because the top rail of a 4' fence is at faco level for a child. Commissioner Brown moved, seconded by Commissioner pistor, to award Bid 1531 to Quaid Fence Builders, Inc. Motion failed 2/3 with Commissioners Kruse, Wp.nzel and Wim~r opposed. BID 1532, OFFICE MICROCOMPUTER, AWARDED IN THE AMOUNT OF $4,fi95.51 TO THE OTHER PIIONE STORF.; FI::'CAL OFFICER DII<ECTED TO PREPARE THE NECESSARY BUDGET ^MENm1ENT Legal notice having been published in the Naples Daily News on November 20 and 24, 1981 as evidenced by Affidavit of publication tiled with the Clerk, bids werc reccived for Did 1532, for an Office Micro- computer, up to December 9, 1981. Administrative Services Administrator Smith, referring to the Executive Summary dated 12/23/81, explained that funds are available for the Microcomputer to be used by the Building Maintenance Department and that staff recommends this bid b& awarded to The Other phone Store who is low bidder. Commissioner Wenzel moved, seconded by Commissioner Brown and carried unanimously, that Bid '532, for an Office "l1crocomputer be DWL1rded to Tht' Other Phone f'tor(' in thE'! ...mount of S4,f'Qc;.!i] 118 con- t.:lincd in tho recommendation of the Dld Revit'w Comr.1ittee tlnd th<"lt the Page 33 M~~ 067 PAC~ 55 ... - . - . - ... ~ .-'. -... -. . .. -- ..-... - ..~...".. -. -... . _. . . -.. - - --., .. -. . ..-. ~.. ,. -. - . - _.~.- .'. .. · -. -. _.- - - - - -~ --. -. ~ _.' -.. --- ..-- -. -- - - _... - - -. .'-~ - . ...- -- ---...- - -- - - ..-.. - - - - -- &O~K 067 PACt 56 January 5, 1982 Ch~irmðn bo authori7.p.d to sign ~nd thc Clerk to ðttest the roøulting ogreemont and that tho Fiscal Officer be directed to prcpare the necessary budget amendment for this expendituro. POSITION OF BOOKKEEPER I IN TilE BUILDING MAINTEN^NCE DEPT. - APPROVED. FISCAL OFFICER AUTHORIZED TO PREP^RE A BUDGET AMENDMENT TR^NSFERRING $10,430 FROM THE GENERAL FUND CONTINGENCY TO THE ßUILDING MAINT£N~NCE S^LARY ACCOUNT ^dministrativ~ Services Administrator Smith explained staff recommendation that the BCC approve establishment of a position of Bookkeeper I in the Building Maintcnance Department and that the Fiscal Officer be authorized to prepare a budget amendment transferring $10,430 from thc Gcneral Fund Contingency to the Building Maintenance Salary account. He explaineù that the employee for this position will be operating the~icrocomputer discu~sed in the above item as well 8S performing other duties. Commissioner Pistor moved, ccccnded by Commissioner Brown, that the above staff rccommondation be approved. During tho cnsuing dis- cussion, Commissioner Wcnzel noted that this position is to fill the vacancy created by the r~tlrement of Mr. Thorward and he asked why a person was not hired under Mr· Thon..ard's classification. Mr. Smith explained that Mr. Thorward's job title was that of tradesworker and that the job dèscription for that position does not lend itself to finding someone with the abilities which Mr. Thorward uniquely posses- sed since he was able to perform 8S a cost analyst. He said staff would not expect to duplicate that situation again. Commissioner Kruse questioned the need for II Bookkeeper I title in the pay scale for tho position under discussion, since tho Microcom- puter is an Apple II and the pcrson is not going to be doing program- Page 34 - - - - - - - - - - - - - - - - - -- -.. - - -- - - -- - - - -- - -- - - -- - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -.- January 5, 1982 m1ngo She Bðiu that she could not vote for the Bookkoeper 1 salary for this particular job. County Mðn~qor Norman explained that this designotion is tho lowest level of this type of position and that the proposed position would be comparable to the Clerk II position. ~r. Smith concurred with"Mr. Norman and explained that the duties, as contained in the job description, soem to bo more descriptive of the duties which would be entailed in the propoßed position. He explained that there will be some programming involved, and he briefly described what the now employee would be doing. Commissioner Kruse stated for the record that she intends to vote against this recommendation and that the reason is because she has an Apple II and that she operates it çnd it docs not take a sophisticated level of job description to run it properly, including certain programming. Chairman Wimer Daked if Dr. Thomas is working with the Building Department with the systems development to which Mr. NOl:..1J an responded affirmatively and stated that, although Dr. Thomas was not consulted ragarding the pay r3nge, she has been consulted on t~e application of the Microcomputer ðS proposed ðnd that she is in support of staff recommendation. Upon call for the question the motion carried 3/2, with Commissioners Kruse and Wenzel opposed. CHAIRMAN AUTHORIZED TO SIGN THE FY 1981 CETA CENTRAL SERVICES COST ALLOCATION PLAN CET^ Director Norton refcrred to the Executive Summary dated 12/9/81 and explained th~t st~ff reco~~~nd8 ~cç ~rrr~v~1 ~nd authori- 1><"g8 3S &O~~ 067 PACt 57 .. .-------...----.--. - - . - - - .. -. .._ _ _ _____ ...... _ __ _ _._...'... _____. __ __ _ ____. _.. _ __ _,_ ._,4 __... _ --- .,- - -- - --- .-......-- ;~~ 061 PAtt: 58 Januc3ry 5, 19(12 %ùtion for the Chairman to sign the ry 1981 Contral Services Cost Allocation plan in the ðmount of $11,662.00 as presonted therein. Commissioner Brown move~, sccond~d by Comm\8stoner pistor ~nd cðrried unanimously, that the BCC approve tho aforementioned CETA Central Services Cost ^llocation Plan in the amount of $11,862.00. pag 0 36 - - - - - - -- - - - - - - - - - - - - -.. --- - - - - - -- - -- - - - - - -- JL'lnuL'lry 5, 19R2 BOO~ 067 PACt 60 PUBLIC HEMUNG SCIIEDULED FOR JANUARY 19, 1982 RE PROPOSED TRANSFER r):1Ï\'i'ilJl'f .'~Ì'~ S'r~;' 'r,M f'UH CO"'MÌ';~Cl^L USEH~ - ^PPHOV~:D County M~n~qcr Nor~~n cxplDincd th~t he proposoG th~t the co~t increases in the operation of the County solid wante nervices be offset with the introduction of "user fees" at the County transf~r stationn. He refcrred to tho Executivo Sumary ðL'ltod 12/22/81 L'lnd reviewed briefly the discussions re this subject which were held during t~e budget reviews for FY 1981-02, which resulted in tho ðgreement by the BCC that user fees would bo implemented but would be limited only to the com- mercial IIsers. lie stated that, since the budget was adopted, the Public Works Division and the Dir~ctor of the Solid Waste Department have been working on the program and that the report 1n said Executive Summary is their recommendation for ~he implementation of the budgeted amount of $141,000 for rcvenue for the current year. He pointed out that if the BCC doe~ not act in some fashion on this subject the County will have the s~mQ kind of problem as exp~rienc~d with the ambulance situation when revcnues wore budaetod and a source was neeùed for those funds. tie stated he feels the proposed program is very workable L'lnd does offer an improvement In equity between taxpayers and users since, at the present time, the majority of the residents of Collier County subscribe to a. franchised hauling servicc and that the hauler takes the material to the landfill. He said that &he Transfer Stations provide a more convenient place for persons who do not use ð commercial hðuler to dispose of their wastes and that the County is picking up tho cost of transferring said wÐstes to tho landfill. He explained that the recommended fee ip $1.00 p~r cubic yard with certain minimums as described in the Executive Summðry. Ho recommcnded that ð public Page 37 . ~--_... "'-- -- ...-- -.... _..~ ..-. -.. - -.-- .-- -~- -.- ~.-.- _.- .-.- -.-...- -... -"- -- - - _. _.. ~.- - - - .......... -. - ----- -- - - - - - - - - - - - - - - - - - - - - - - - --'. - - - -- - - - - - - - - - - .- January 5, 1992 hearing be set for January 19, 1982 for the aforcmentioned ~~oposðl i! the BCC ~grees with the conc~pt of said proposal. Commissioner Wonzel moved, seconded by Commissioner Kruse and carried unanimously, that a public hearing be advertised for the aforementioned proposed fec system for commercial users of the County Solid Waste Transfer Stations. ALLOCATION Of STATE CRIME CONTROL, CORRECTIONAL OR DETENTION PROGRAM GRANT FUNDS IN THE AMOUNT OF S6S,493 ^UTHORIZED TO BE USED TO FUND ONE P"OGRAM OF THE SHERIfF'S DEPT. AND fOUR PROGRAMS OF THE CLERK'S OFFICE, ACTUAL AMOUNTS TO BE BASED ON ST^TEMENTS TO BE PROVIDED BY THE SHERIFF AND CLERK WHEN FINAL COSTS ARE KNOWN; AND THAT ANY BALANCE REMAINING TO BE PLACED IN THE GENERAL FUND CONTINGENCY ACCOUNT '1'0 BE ur,lm TO MEET ANY UNANTICIPATED "XPENSES OF TilE JUSTICE SYSTEM DURING 1981-82 - APPROVF:D County Manager Norman explained staff recommendation of the allocation of $65,493 from the Florida Department of Revenue to be used for criminal justice activitie~, specifically cri~e control, correction or detention. He explained th~t the BCC had directed that he solicit applications from the eligible departments and agencies for ways in - which to effectively use sðid funds, and that he was appreciative of thp quality and concepts for such usage on ð one-time basis that were developed by the Clerk of the Circuit Court's Office and the Sheriff's Department to meet current needs and reduce futur~ costs. He referred to the Executive Summary dated 12/21/81 which provides the Commis- sioners with copi3s of the aforementionr.d applications and he compli- mented the people who submitted those applications. Mr. Norman briefly explained his recommendation for the allocation of the funds to fivu programs, one to the Sheriff's Department and four to the Clerk of the Circuit Courts. He said th~t during a moeting between Mr. Hunter, representing tho Sheriff's Department, Clcrk Reagan P.~g~ ::!B ~~~f. 067 PACt 61' -- .... _. - -- - -- - -- - .~_.- -- _. .,-- _. -- -- ~- - --. - -. - - - - -- - -- -..- -- - - -- - -- - --- nnd himsolf, thnt Mr. Reagbn and Mr. Hunter offer~d ð m~~ificatlon to his rcc...rnmondation to which he concurS. r·ir. r-:orhhln e)(plj]in~d Ðt1id I I I . ¡ ________________________________________J :,a:)K 067 PACt 62 January 5, 1982 modification which wo u 1 d result in Mr. ReÐgan reducing h1ø Witness Assistance Progrùm funds by $5,000 and that Mr. Reagan had requested the $5,000 be l1ddcd to the $4,185.00, which Mr. Norman had or1ginðll y recommendcd to be returned to Contingency, thereby leaving a total of $9,185.00 additional for the Sheriff's Department. He said the $5,000 could thcn be ù110cated to the Sheriff's Dcpartment proposal and that he recommcnds modificatiorl to tho printed report to the Commissionors which the Commissioners have. Commissioner Wenzel moved, scconded by Commissioner pistor, that the above recomm~ndation re the allocation of State Crime Control, Corrcctiona~ or Detention Program Grant Funds of $65,493.00 be approved to be used on a one time only basis. Health Director Dr. Cox requested discussion ro the disposition ~f funds as it pertùins to the complete elimination of the dental clinic which he said is Wsorely needed" to uP9rùde the type3 of services that the Shariff can provide to the inmates. He referred to the Executive Summory dated 12/21/81 and stRted that tho amount of $49,23u.00, which was requested for dentist equipment, was "utterly in error", since the cost to initiatc a "first class dental clInic" would not be over $15,000. During the lengthy discussion which followed, Dr. Cox explained the advðntages of having a dental clinic. Mr. Norman recommended that the BCC approve the aforementioned allocation plan and allow the Sheriff to decide the distribution of funds for his department. Deputy Chief Hunter concurred that the dental clinic is definitely needed, Page 39 _ .__ _ _ _ __ _ _ ..__ ~ 4 _ _ __ _. ..__ _ __ _ - -- _.. - -- - ..- -- - - - - - - - - - - - - - -- - - -- - - - -...- -- -- -- ---- - --- --- - - - ---- - - - - - - -- - -- -.- January 5, 1982 espoclally at the Immokaloe Stockade, that following dls~l s810ns with Dr. Cox, the placement and size of said clinic, a reduction in the size and an adequate location for same waG formulated, and that placing the facility in the Immokalee Stockade was desirable due to the elimination of the cost of trnnsporting prisoners which would result. Responding to Dr. Cox, Mr. Norman stated that the Sheriff's Department allocation would be ð total of $27,000, and Dr. Cox expros- sed concern that proposed amount would not allow $15,000 for the dental clinic. Dr. Cox explained that, without the clinic, the p~isoners must be transported to the County Health Department Dental Clinic, in the company of a Deputy Sheriff, or go the the ~HSI Clinic. Commissioner Kruse said she fPolt that the recommonded allocation should be approved and that the Sheriff and Dr. Cox ~hould meet IInd discuss the distribution of the Sheriff's allocation of funds. Commissioner W~nzel withdrpw his previous motiop and Commissioner Pistor withdrew his second. Commissioner Wenzel moved that the BCC approvo the allocal1on of funds as r'1commended by the Cnrk of Circuit Court and that staff workshop the allocation to tho Sheriff's Depart- ment. Mr. Norman said that, in his opinion, it is appropriate for tne Sheriff to de~ide on the distribution of the amount of money allocated to his department, and he pointed out that the Sheriff's Department does roport that money can be saved by having medical and dental sor- vices provided. Commissioner Wenzel withdrew his second motion and moved, seconded by Commissioner Pistor, that the BCC approve that the original fund allocation of State Crime Control, Correctional or Detention Program Crant Funds in the amount of $65,493 be authorized Lo be used to fund .......-.... "'" ''".~'- '. v MO~ 067 PA~i 63 .- - - - ...- - - - - -- -- --- -,-~ þ-- _.- - -- - - _. --- -. - - - _. .- .- - - - - - - - ...- - - - i , .- - -- - -- - - - - -- - - ~ - - - - - - --. -- -. - - - - - - - -.- -- - -- - _1' M~~ 061 PAGi 64- JlInulIry 5, 1982 ono progrðm of tho Sheriff's Dept. ~nd four pro1rams of the Clork's I office; actual amcunts to be based on statements to be pro~ided by the Sht;lrlrr ..dIÙ C,ltH:- ...:)~n (11\<11 ~o8Lb ilrCt known; .1nd that any b<11.:'lnco remaining will be plðced in the General Fund Contingency Account, to be used to meet any unanticipated expenses of the justice system during 1981-82. ^ short discussion followed during which Deputy Chief Barnett offQred possible solutions to the allocotion of funds t" the Sheriff's Dopartment re medical ðnd dental clinics. The point was made that if the Sheriff's Department would invostigDte the cost of the Helllth Department Dental Clinic request and return to the 8CC with those flqures th~t a decision could be made at that time. Responding to Commisøioner Brown's question if the aforementioned suggestion is a "reasonable rout~, Dr. Cox stated that his only concern is to have $15,000 for thc dental clinic which would satisfy him. Mr. Norman clarified that the previous motion would allocat~ $27,000 to the Sheriff's Department for medical and dental equipment and $42,000 to thc Clerk of Circ~it Court. Dr. Cox said he felt that allocation would not allow the necessary funds for the dental clinic. Mr. Norman said if more money were allocated to the Sheriff's Depart- ment, a reduction in the amount of funde which were recommcnded for the Clerk would be necessitated. Dr. Cox said he felt that his request was in line with the thrust of tho grant. There was general co~sensus that if the realization of the Health Department and Sheriff's Department objectives arc not covered in the previous allocation, that problem will be re-addressed and somo other source of funds would be investl- gated. Upon call for tho question, the motion carried unanimously. Page 41 ... ,~,_ - __ __ ~_. - - __, __. __~ .._ - - ..__._ - __ - _. __ 4---- _ __ _~_ -- __ - -- -- _.- - --.- - - ----- - - -- - - -- - - - -- - - -- - - - -- - - - - - -- - - - - - - - - - - - - - - - -. -- JlInuary 5, 1982 ROUTINE BILLS - PAID - Pursu~nt to Resolution 81-150, the following checks were issued throu9h Friday, January 1, 1982: ITEM CHECK NU":ß ER AMOUNT COUNTY CHECKS 1963 - 2306 $3,505,342.97 BCC PAYROLL 32005 - 32540 $ 291;,641.69 C ET1\ 8317 - 8358 $ 6,351.33 BUDGET ^MENDMENT 82-31 RE TRANSFER OF FUNDS (PUBLIC SAFETY ^DMINISTRA- TION) TO PROVIDE FOR PURCHASE OF RADIO EQUIPMENT - APPROVED IN THE AMOUNT OF $552 Commissioner Wenzel moved, seconded by Commissioner Brown and carried unanimously, that Budget Amendment 82-31 re transfer of funds to the Public Safety Administration to provide for the purchase ~f radio equipment be approved in the amount of $552. Page 42 &OOK 067 PACt 65 -. - - --- - - - - - -- - -- -~~ -- - - .- - - - -- -- - - -~------_.._-_..- ---' - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - -- - - - - - - - - --. January 5, 1902 BUDGET AMENDMENT 82-32 RE TRANSFER OF FUNDS TO PROVIDE FOR PURCHASE OF OFFICE r.~UIPMENT FOR ADDITIONAL SF.CRET^RI^L POSITION IN THE UTILITIES ~DMINISTR^TION DEPT. - ^PPROVED IN THr. ^MOUNT OF $1,084 Commissioner Wenzel moved, seconded by Commissioner Brown and corried unðnimously, that Budget Amcndmcnt 82-32 re transfer of funds to the Utilities Administration to provide for the purchase of office equipment for an additional secretarial position in the Utilities Administration Department be approved in the amount of $1,004. - Paget 43 &OO~ 067 PACt 67 ... ... .. . . ,-.. -.. ~... -... ..- -..- .-... -- .. ~ .. .- ..-... -- .. .. .-.. .. .... -~ - . - .. ,_.- --- .-...- .-- ---.. ...'_.. - ...... ..-.. - --..- - - -- --- - - - - - - - - - - - -- - - -- - -- --- - - -- - - - - _.... Jðnuary 5, 19B2 REQUEST BY NORMAN P. PISCHKE FOR RECONSIDERATION OF PORTION OF PETITION CP-Bl-34C, ADOPTED ON 12/27./81 RE AMENDMENT TO COMPREHENSIVE PL^N FROM COMMERCIAL TO RESIDENTIAL MEDIUM DENSITY FOR ^PPROXIMATELY .65 ACRES AT TilE SE CORNER OF WIGGINS PASS ROAD ^ND GULF HARBOR - DENIED On an map on an overhead board, Planncr Terry Clark explained location and zoning of the surrounding property ro the request by Mr. Norman P. pischko for the reconsideration of ð portion of petition CP-Bl-34C, adopted by the BCC on 12/22/81 re amendment to Comprehensive Plan from Commercial to Residential Medium Density for approximately .65 acrcs at thc SE corner of Wiggins PðSS Road and Gulf Harbor. Mr. Clark referred to the Executive Summary dat¿cl ~2/23/81 and said that the petitioner was not in ðttendnnce at the 12/22/81 BCC meeting, that he objects to the aforementioned Bec decision and that he requests that his property be designated Commercial by the Comprehensive Plan. Mr. Dan Conley, reprcsenting the petitioner, exr'lain6d that Mr. Pi5chke was not represented at the 12/22/81 BCC through Mr. Conley's oversight, and he described tho reas~ns for Mr. Pischke's request for a reconsideration of his propcrty'H zoning to be chaolged to C-3. Mr. Conley noted he was aware that the reconsideration would be held at a later date if approved. Commissioner Wenzel moved, seconded by Commissioner pistor and carried unanimously, that Mr. pischke's request for reconsideration of his property, a portion of petition CP-8l-3~C, as described above be denied. BCC CLARIFICATION RE TilE APPOINTMENT OF MR. 1\.B. "At CURRY AS A FULL VOTING MEMBER ON THE WM1\B TO FILL VACANCY cnr.1\TED WITH THE RESIGNATION OF CII1\ I RM/lN .JOIIN PR ICE Commissioner Crown requested clarific~t1c~ r~ the appointMent of Page 44 &O~~ 067 PACt 69 - . - - -- - - -... -- .- -, - ...'- -- -- _.- - -- - - -- -. - -- _. - -- - ...- - - - - - - ...- - - - - - · - - - _... - - - -- -- - - - ...- ,- -- - - - - - - - - - - - - - - - - - - -- - - - - - MO~ 067 fA~t 70 Jðnu~ry 5, 1982 Mr. A.L. "AI" Curry to fill tho vacancy created with the resignation of W,.,Al1 Chedrm:)n John Price. He t!xplc'linecl t.hat. Ìlili intent WðH the Me. Curry would bo ~ full, voting member and not an alternate. A short discussion followed during which the point was mðde that letters which were sent following the original BCC action re Mr. Curry's ðppointement had Inadv~rtently cßused some need for furthor clarification. Commissioner Brown moved, seconded by Commissioner Fistor and carried unanimously, that the acc approve Mr. A.B. "AI" Curry as a full voting member, not an alternate, on the WMAB to fill the vacancy created with the resignation of Chairman John Prico. BCC DECISION RE ADVISORY BOARD POLICY TH^T THE POSITION OF ALTERNATE WILL BE {'BASED OUT; TH^T AN ADVISORY BOARD MEMBER WHO liAS THREE SUC- CESSIVE, UNEXCUSED ABSENCES, WILL BE AUTOMJ\.lCALLY REMOVED FROM THE ^DVISORY BOARD - APPROVED Commissioner Kruse explained the BCC intent of the position of an alternate to advisory boards, i.e. to insurc that a quorum would be present for the mcetinys. She noted that such a policy "take~ up our secretaries' time", and th<.lL she would like the BCC to reconsider the policy of the advisory boards and to phase out alternates to have "·'.traight appointments", and that if a person does not iJtter:d the meetings three time in a row they are "off" the advisory board and someone else is appointed. Shc stated that this suggestion, in her opinion, would "do ðway with ð lot of problems" and misunderstandings. After a short discussion, Commissioner Kruse moved and seconded by Commissioner Brown that from this date forward the BCC will adjust policy on all advisory boards and no longer appoint alternates, that existing altornates will move up if a vacancy occurs and, hence, the position of alternate will be phased out. Pðge 45 "-. ------.---'..--.-.--.--.------------.-----.. - .-.-------,. ---,.----....----....--..-- ~ tically "off the BO<lrd". A short discussion followed d u ring which the point was made that it would be the respons i b 11ft Y of each member to call and notify the Chairman of the Advisory BOl!rd if each pcrson wo uld I t - - - - - - -- -- - -- -- - - -- - -- -- - -- - - -- - -- -- -- -- - - - - - - - - - - - - - - ~ January 5. 1982 " Co~miB8ioner Wenzol noted this policy has not boon follow~d in two cascs. Chairman Wimer clarified that he had previously voted to eliminate the alternate position, and that the intent of the above motion is that the existing altern~tes may stay in effect and may fill vacancies as they occur; that onco those alternate positions are vacant, for whatever reason, that there will be no more alternates appointed. Mr. Zewalk noted thDt the experience gained from being an alter- nate would allow thDt person to be able to fill a vacancy better, to which Commi5~ioner Kruse responded by Rl~ting that none of the Commis- 8~oners were ever ~ltcrnater. nn~ thl!t each Commissioner sits on various committees without having been alternates, but that the Commissioncrs are expected to learn the job~ She explained that the aforementioned situation with advisory boards is no different. Upon call for tho questioll, the motion carrIed un-:lnlmously. Commissioner Kruse moved and seconded by Commissioncr Wenzel that thc BCC applove the policy that if an advisory board meroser has three, successive, uncxcused ab5enc~s for meetings, that member is automa- be unable to attend thc meetIngs. Public Workq Administrator Darksdalo asked if this policy would apply to alternates to which Chairman Wimer responded affirmatively to nIl current positions. Commissioner Kruso agreed. Upon call for the question, the motion c~rried. ChaIrmDn Wimer requested Administrative Aide to the Board Grace Spaulding to prepare appropriate letters to each individual member of Page ~ r. &OOK 067 PAtt 7f -....~ "-~-_. --_._-~_.. -- ----_......~. -- --.---.- --_..._..~_._-------------- _______________~________________________J I I I hO~~ 067 PAGt 12 ,'anutu'y 5, 1982 all the advisory boards of the acc's discussion and motions. ~ommiø- sioncr KrUR~ r~qu~~t~rl M~. Sp~uldin~ be instructad to include in the letters that the BCC oxpects th~t all Chairman of all advisory boards are to be responsible for "keeping track of attendance" Ðnd informing the DCC ro Oðmc. Ms. Spaulding asked if Mr. Mitchell will return to alternate status on the WM^B at this time, to which the general consens~s was affirmative. Later in the meeting, Chairman Wimer said, re intorviews of applicants by the Bec of nel¥ advisory board members, that the original intent was for the Chairm3n of. the various advisory boards to meet with ~nd interview any prospective applicants to explain the duties, responsibilitie~and time constraints to said indiv'dual if ne were appointed to a board. He said that policy has changed and at present advisory bo~rds are trying to select their own members. He asked if the BCC wanted to take any action rc this situation. After a short discussion, Commmissioner Kruse moved ~hat it is necessary to clarify the policy to the advisory boards that the BCC intent is that the individual chairman of each boarJ hforms the perspective applicant of their duties. Commissioner Wenzel said that tho Chairmen could recommend the appropriate qualifications of advisory board members. Chairman Wimer said that suggestion is why the situa- tion may become confusing. Commissioner Wenzel said he agreed with tho f.ormer policy which has been that when a vacancy occurs in a Commls- sioner's District, that Commissioner should select a replacem~nt name. Chairman Wimer suggested that a workshop be held re the above. discussion, and the other Commissioner agreed. No date was set. Pag. 4 7 - _. - - -- - - - -- - - ~- - -- -,- -- --- ...- - - - -_.- -- ..- -- -- - - - - -- - -. - - -- - - -- - - - -- -- - - -- - - - - - - - --~ - - - - - - - -- - -- - - - - - - - - - - - - - -- Januðry 5, 1982 CIIAIRMAN AUTHORIZED TO SIGN CERTIFIC^TF.S FOR CORRECTION TO '.i'HE TAX ROLLS AS PRESENTF.D ny THE PROPERTY APPRAISER'S OFFICE Commisoioner Wenzel moved, seconded by Commisnionor Kruse and carried unanimously that the Chairmðn be authorized to sign the following Certificates of Correction to tho Tax Rolls as presented by the Property Appraiser's Office: TAX ROLLS NOS. DATED Tðnglble Personal Property 1981-81 12/18/81 (1981) 191'1-82 12/23/81 1981-83 1/4/82 1981 Tax Roll 1/4/82 RESIGNATION OF JOSEPH A. PODESTA FROM ISLES OF CAPRI FIRE CONTROL ADVISORY COMMITTEE - ^CCEPTED; APPROPRI^TE LETTER OF APPRECIATION TO BE SENT AND ^UTHORIZATION TO ADVERTISE VACANCY - APPROVED ^dministr~tive Airle to the Board Spaulding explainod tho recoipt of a letter of resignation from Mr. Joseph A. Podesta f~m the Isles of Capri Fire Control District Advisory Board. Commissioner Kruse mov,'d, seconded by Commissioner Wenzel and carried unanimously, that the BCC accept Mr. Podesta's resignation, that an appropriate of letter of appreciation be sent to him and that authorization to advertise s vacancy on the Isles of Capri Fire Control District Advisory Board be approved. COUNTY MANAGER'S THREE DAY V"CATrON BTARTING 1/1;/82 - APPROVED Commissioner Wenzol moved, seconded by Commissioncr Kruse snd carried un~nimously, th~t the County Manager's request for a three day v~c~tion 8t~rting l/()/R~ be npproved. Pago 48 eoo~ 067 PACt 73 .-. _._-- -------- _._----~_.~--- -..-..-..--...-.- - --. .'.. -- - - - - _.~ -- -- .- - -- ..... ---------------------------------------- January 5, 1982 \JíJ:)~ 067 PACt 74 LAKE TRAFFORD !"Ct·WRI^L Gì\RDEN3 CEf.lETr:rW DCr:D::; NO~. 290 Þ.ND 291 - AUTHORIZED FOR CIIl\IRM^N'S EXECUTION AND RECORDATION pursu~nt to action of the Bo~rd January 10, 197~ wheroin the Chairman w^s authorized to sign vorious deeds to Lake Trafford Memorial Gardens cemetery lots as tho need arises, the following Deed Nos. 290 and 291 werc recorded and filed for the record: Page 49 -- _.- - - - --- -. - -- -~. - -- - -_. - - - - - - - - - - -- - - -- -~- - - - - - -- - - -" - - -- --- ~---- -------- -- -------- ,-- --,------------- January 5, 1982 MISCELL^NEOUS CORRESPONDENCr. - FILED AND/OR REFE~ Thcre b~ln0 no objection, tho Chair directed the following ~~rrespondenco be filed and/or referre~ to the various departments ðS 1nd icated: 1. Letter dated 12/22/Rl from Liliana Whitaker opposing the zoning change of Block ^, N. Naples Highlðnd, from cOMmercial to multifamily. Filed. 2. DNR administratively approved perm1t d«ted 12/28/81 for construction or other ~ctivities pursuant to sections 161.052 or 161.053, FS, for Smallwood Landscaping, Inc. for "stockade" wood f~nce. Filed. 3. DNR administratively approved permit dated 12/28/81 for construction or other ßctivitles ~ursuðnt to Sectionr )fi).052 or 1(,1.053, FS, for Vanderbi~t Surf Colony Associates, Ltd. for landscaping and revegetation. Filed. 4. Letter dated 1?'/31/B1 from Mark Huber, Lee County Electric Cooperative, Inc. re strcet lights added to TmmokalAe Lighting District per request, wit.h attached map. xc Messrs. Norman and Barksdale. Filed. 5. DER memo d.Jtcd lO/?9/Al (received 12/31/81) from Bill Buzick, Deputy Director, Div. of Env. permittll1Y, DEn, re Chapter 17-6, FAC, Wastewater Facilities, w1th respect to important chang~s in State regulations that may have a significant impact on certain domestic wastewatcr treatment and disposal systems. xc Mr. Berzon. Filed. 6. Letter dated 12/21/81 from B. Kenneth Gðtlin, of Madigan, Parker, Gatlin, Swedmark & Skelding, enclosing seven copies of the 1981 Certificate of Insurance (and the original) and six caples of the 1982 Certificate of Insurancc of American Cablcvision Services, Inc., submitted with rcspcct to ACS's rate application. xc Messrs. Norman and Pickworth. filed. 7. Letter dated 12/29/01 from Nancy Hardy, of Leonard Newman Agency, Inc., enclosing Certificate of Insurance for Gulf Cornmunicators, Inc. (now doing bus1noss as Amer1cðn Célblevison Services, Inc.) Filed. 8. Minutes of the Coastal Areð Planning Commission (a-f) 11/5/Rl through 11/19/81 (a.m. and p.m.) 12/3/81 (a.m. and p. m .). r il 0 d . 9. Lctt~r dat~d 17./1G/81 from Wi11~rd F. f.chndc re an unsðtisfnctory condition regarding ð drainðqe ditch on the corner of Euclid nnd wickliffc, Willoughby ^cres. xc Mr. Ðorzon. Filed. &OaK 067 PACt Tl Page 50 --- - - - -- - ----- --- - - ---- - -- - -- --- -- - --- - - --. 60G~ OS7 PACt 78 January 5, 1982 I I I _4 _ _ _ _ _ _ _ _ _ - - - - - -- - - - - -- -- - - - - - - - - -... - -- - - --~ I I I 10. T.ottOf dntprl 1'/1.1/111 from .Jorry L. Beck, Clerk, Glado8 Count~ Do~rd of Commi8RionerA.·~nclosinQ copy of ReSol- udol1 ¡·io. 111-29, objecting to pos6ii:>le redu·::tion of ~LiJLc <1'.J"'lll.:icb, In µiJrth.:uliJ1" the of(ict! or public defender, which m~y directly or indirectly result In the transfer of COGts from the State Government to the County. xc Mr. Nor~an. Filed. 11. Public Scrvicp. Notices as follows (Filed) I A. Docket No. 810346-EU rc amp.nded Notice of Hooring to all electric utilities, issued 11./30/81 for 1/6/82; B. Docket No. 800~fi3-EG(MC), Order No. 10483, Issued 12/31/81 rc Conserv~tion Plan of Florida Power Corpora t ion; C. Dockct No. 81001l9-PU, Order No. 10468, Issued 12/22/81 re Proposed Franchise Fee Rules, 25-4.110, 25-6.100, 25-7.A5 and 25-10.03, F.A.C. Chairm~n Wimer referrcd to the final Public Hearing scheduled this P.M. regardinq the Comprehensive Land Use M~ps and Collter County Zoning designations and expldlned th. manner in which he anticipated - the meeting would progress. * * * * * * * * * * * * There being no further buslrcss for the good of the County, the meeting was adjourned by order of the Chair - Time: 11.55 A.M. BOARD OF COUNTY COMMISSIONERS/EX OFFICIO COVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL t- · c tJ~ C.R. "RUSS WIMER, CHAIRM^N , , '" I ';' ¥ ~ 'I ~' " These minutes approved by the BCC 1/26/82. 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