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BCC Minutes 09/15/1981 R Naples, Florida, September 15, 1981 ~¡ LET IT BE REMEMBERED, that the Board of County Commissioners In #. tand for the County of Collier, and also acting as the governing t. 'poard(s) of such special districts as have been created according to l.~ and having conducted business herein, met on this date at 9:03 A.M. In Regular Session in Building "F" of the Courthouse Complex with the following members present: CHAIRMAN: VICE CHAIRMAN: John A. pistor Cl if ford Wenzel C.R. "Russ" Wimer Mary-Frances Kruse David C. Brown ^LSO PRESENT, William J. Reagan, Clerk, Harold L. Hall, Chief Deputy Clerk/Fiscal Officer, Darlene Davidson and Elinor Skinner (1:45 P.M.) Deputy Clerks, Donald Pickworth, County Attorney, Irving Berzon, Utilities Manager; C. William Norman, County Manager; Neil Dorrill, Admini.trative ^.aiatant Torry Virtð, Community Development Administrator; Terry Clark and Lee Layne, Planners; Jeffory Perry, Zoning Director; Clifford Barksdale, Public Works Administrator: Grace Spaulding, Administrative Aide to the Board: and, Raymond Barnett, Deputy Chief, Sheriff's Department. I P89. 1 , .OOK 063 PACE 561 .. " t . , \'T I Ji~ ;~~ v~ --:-::::.' ~1 ~=-;,~'~-T -, ..._,.... ' -....--......--... ~.- . ¡ " September 15, 1981 AGENDA - APPROVED WITH ADDITIONS Commissionor Wenzel moved, seconded by Commissioner Brown and carried unanimously, that the agenda be approved with the following aðcHtions r 1. Two proclamations re Collier County Employees' Annual Golf Tournament awards for "Hole in one" shots - added. 2. Resolution re defending present and former County Officials in lawsuits - added to County Attorney's Report. 3. Selection of Environmental Consultant - added to ace Report. 4. Appointmont of Immokalee Planning Board - added to BCC Repor t. MINUTES OF AUGUST 18, 1981 - APPROVED AS PRESENTED Commissioner Wenzel moved, seconded by CommJssioner Brown and carried unanimously, that the minutes of August 18, 1981, be approved 8. presented. PROCLAMATION DESIGNATING SEPTEMBER 21-27 AS LAND SURVEYOR'S WEEK _ ADOPTED Having been duly ðdopt~d, the proclamation designating the week of September 21-27, 1981 as Land Surveyor's Week was presented to Messrs. Evers and Doggs, representing the Florida Society of Professional Land Surveyors, by Chairman Pistor. , I I I I ¡. I ! , MOK 063 rACE 565 PAge 2 . ':i' , ":,' '1~;"r' ;!f.... ~,,..,.~';>..'f...,.-' ';'¡,f,-i'" ",'01'( ~ , , I j I ! ., ¡ .:. ¡ . ¡ ; ( I September 15, 1981 PROCLAMATIONS DESIGNATING EMPLOYEES DONNA PERKINS AND TERRY eLARK AS -HOLE IN ONE- STARS RE eOUNTY EMPLOYEE GOLF TOURNAMENT - PRESENTED Having been ðuly executed by the Chairman, proclamations were presented to County Employees Donna Perkins and Terry elark, having been named as the lady and gentleman "hole in one- stars of the Collier eounty Annual Employee Golf Tournament. BOOK 063 PACE 5S7 '19- 3 . .,._-"-_........,.."'-~,--,_._-".....,"'__,¡."'""""'.__""'"... ,". . '<I " \: '. I ¡ I / I ¡ I i 60~K 063 fACE 570 Septcmbor 15, 1981 ORDINANCE NO. 81-49, RE PETITION IZ-81-8-1, COMMUNITï DEVELOPMENT DIVISION, AMENDING THE "I-MF-2" DISTRICT BY REDUCING THE SIDE YARD REQUIREMENTS FOR SINGLE FAMILY RESIDENCr.S TO 7.5 FT. - ADOPTED Legal notice having been published in the Naples Daily News on August 14, 1981, and in the Immokalee Bulletin on August 20, 1981, as evidenced by Affidavits of Publication filed with the Clerk, pUblic hearing was opened to consider petition IZ-81-8-1, filed by the eommunity Development Division, requesting an amendment to Ordinance 74-15, ("MF-2" District) by reducing the side yard requirements for single family residences to 7.5 ft. I' ! , Zoning Director Jeffory Perry recapped the information within the Executive Summary dated 7/31/81, regarding petition IZ-81-8-1, including the recommendation for approval from the Immokalee Area Planning Commission, having reviewed thi~ petition on July 27, 1981. C~mmunity Development Administrator Terry Virta stated that the subject District is made up of lots that are 40 ft. and SO ft. wide. He added that this is the only district in the County with a side yard setback requirement of 10 ft. rather than 7.5 ft. for sißgle family residences. Commissioner Brown moved, seconded by Commissioner Wimer and carried unanimously, that th~ public hearing be closed. Commissioner Brown moved, seconded by Commissioner Kruse ~~d carried unanimously, that the Ordinance as numbered and entitled below be adopted and entered into Ordinance Book No. 13. ORDINANCE NO. 81-49 AN ORDINANCE ^MENDING ORDINANCE 74-15, ARTICLE XI, SECTION 11.7, I-MF-2, ONE, TWO & MULTIPLE FAMILY RESIDENTIAL DISTRICT, ALLOWING REDUCED SIDE YARD SETBACK FOR ONE STORY SINGLE FAMILY RES IDENCES Page 4 . .~, .--^ ," . . tm] œI!J id·,?<~ I , """~--'_'_""'__"""''''__''''''_'_''''_''''''''''_'_''''''___. :Mì."h,,· ..';'...... ~ ..... -- ~', >.... "."..: , I ; September 15, 1981 ORDINANCE NO. 81-50, RE PETITION NZ-81-5C, eORAL RIDGE-eOLLIER PROPERTIES, AMENDING THE PELICAN BAY PUD RE SQUARE FOOTAGE REQUIREMENTS FOR COMMERCIAL AREAS - ADOPTED Legal notice having been published in the Naples Daily News on August 26, 1981, as evidenced by Affidavit of Publication filed with the elerk, public hearing was opened to consider Petition NZ-8l-5e, filed by Coral Ridge-Collier Properties, requesting an amendment to the Pelican Bay PUD by deleting the leasable square footage requirement for the commercial areas. Planner Lee Layne rep~rted that the CAPC held their public hearing on September 3, 1981 and that, at that time, it was pointed out that the subject petition would not represent additional commercial areas or uses to the Pelican Bay PUD, rather, setbacks, landscaping, parking and height would determine the limitations of buildable commercial area. Ms. Layne stated that the CAPC and the staff are recommending approval of Petition NZ-81-SC. Commissioner Brown moved, seconded by CommiRsioner Wenzel and carried unanimously, that the public hearing be closed. Commissioner Brown moved, seconded by Commissioner Kruse and carried unanimouß1y, that the ordinance as numbered and entitled below be adopted and entered into Ordinance Book No. 13. ORDINANCE NO. 81-50 AN ORDINANCE AMENDING ORDINANCE 77-18, THE PELICAN BAY PLANNED UNIT DEVELOPMENT DOCUMENT, BY DELETING SECTIONS 9.15 AND 10.13, AND BY PROVIDING AN EFFECTIVE DATE. eoOK 063 PACE 571' 'a9- 5 . -,..<."'-"'"-,."""-,~,_."-~""~..,""'..,.,,,...,,_....._----,--".~ ." BOO;( 083 PACE 572 September 15, 1981 BOARD AeTION OF JULY 21, 1981 RE DENIAL OF PETITION BD-8l-s-e, ·WIGGINS PASS BOAT DOCK EXTENSION - RESCINDED; RESOLUTION 8l-203 RE PETITION BD-81-SC, APPROVING BOAT DOCK EXTENSION UP TO 102 FT. FOR WIGGINS PASS YAeHT eLUB, INC., SECTION 17, T48S, R25E - ADOPTED, SUBJECT TO STIPUL^TIONS Planner Lee Layne stated that Petition BD-81-S-e was requested to be reconsidered by the Board of County Commissioners, having been denied by the Board on July 21, 1981. Regarding the CAPC's review on June 4, 1981, of th~ subject petition during public hearing, Ms. Layne said that, based on the requirements of the relev~nt Ordinance, the CAPC forwardod the petition with a recommendation for approval. She said that Petition ÐC-81-S-C i8 a request for an extensior. to 102 ft. for a "T" boat dock, an~ referred to a set of plans origin~11y submitted by the petitioner as well ~s a map of the area and sne outlined the location of the proposed boat dock. Mike Stephen, of Coastal Engineering Consultants, representing the petitioner, Wi9gins Pass Yacht Club, Inc, and Attornoy Tom Brown, also representing the petitioner were present. Mr. Stephen reviewed the events that h~ve led up to this hearing, stating that his firm originally submitted a petition to construct the entire project, including docks, maintenance dredgIng, and riprap of the shoreline. He said that the project has gone through a comprehensIve environmental review, including the preparation and County approval of an EIS; that the project was approved by the DNR and the State Department of Community Affairs, which gave it an exemption from DRI status that the the DER and the Corps of Engineers both gðve substantial approval lor the entire plan, adding that they thought it would have a positive arod beneficial effect on the area, including mangrove planting_, main- tenance dredging, and the opening up of canals to improve circulation end increase oxygen in the Wðter column and improve flushinq for the PIge 6 Ie ~:,' :._:~, -- œ.!! iiiI ¡ ¡ " I' . ~,-. . . -"<,,",~><,,"'''''-~'''''''''''''''''''''''-''''~"--''""'''''';'~''- -'-'~'".'_--;-'""-;"'.._~~_.- I . SeptembQr lS, 1981 area, and, that the latter was a determination based on the entire project including the doc~s! ..Mt. StJ!p'I)~n.-.ê.t.ate.d_tha~t..tI..J.....J2t:.lLAnd_the eorps required the petitioner to implement a sewage pump-out facility, which is located on the T-dock that is in question at the present time and is located entirely within the confines of the owner's bottomland. He said that there is good and adequate depth and that all of the requirements of the Ordinance have been met, including the question of hazards to the navigation. He said that the extension of the dock is located beyond the limits (.f the seawall in order to provide an easy traffic flow pattern for boats coming up to the dock to' use the pump-out facility. He concluded his statement by saying that the total numbor of docks is less than one half the number of units that are available on the project site. Attorney Brown stated that this request falls under Section 8 of the Collier County Zoning Ordinance, which has five standards upon which a determination as to whether or not to grant this type of permit is made, adding that the staff and the CAPC have reviewed the request according to these five standards and found that it meets the required criteria. He said that both bodies have subsequently recommended approval of the 8ubj~ct petition for the dock extension. Mr. Brown noted that the courts have traditionally held that, if there ia a standard and the petition meets that standard, then, the governing body . . 1. required to grant the petition. He said that he has not found any factors that are contrary to the factors found by the CAPC and the staff related to the subject petition meeting the criteria within the official minutes of the BCC meeting during which the .ubject petition va. denied. ft. sai~ that, based on the.e facta, he believe. that the petition .hould be approved. He referred to the apparent confusion over the naYlg~bl1ity of Wi99in. Pas. that concerned the &r.c in the tOOK 063 rACE 573 "'9· , ,. .--..... . . .... .' . . .. -..... .'~ aOOK 053 PACE 574 Scptcmbp.f 15, 1981 past and noted that the developers have agreed to include, within their condominium document, which must be disclosed to prospective buyers a statement which indicates that there is no guarantee that Wiggins Pass will be navigatable and that neither they (the develop~r), nor the County, would be responsible for providing that navigability in the future. He referred to ð letter dated September 14, 19B1, which is signed by the Executive Vice President of the Corporation, noting that its contents have been approved by the County Attorney, explained that it addresses the aforementioned stipulation. Chairman pistor asked it the Board can have assurance that, as soon as this information is included in the documentation that will be distributed to prospective buyers, that the County can have a copy of that literature for the file. Mr. Brown agreed to submit this information to the County, as well as a copy of tho aforemontioned letter. Commissioner Brown moved, seconded by Commissioner Kruse and carried 4/1, with Commissioner Wenzel op~sed, that the Board action of July 21, 1981, whereby Petition BD-81-5C was denied, be rescinded. Commissioner Brown moved, seconded by Commissioner Kruse and carried 4/1, with Commissioner Wenzel opposed, that Re~olution 81-203, granting Pet~tion SD-BI-SCt subject to the inclusion of the information within the aforementioi:ed letter re non-guaranteed navigatibllity ot Wiggins Pass within the above-refere~~ed documentation and copies of same being submitted to the County, and approving the extension of the boat dock to 102 ft. as requested by Wiggins Pass Yacht Club, Inc, be adopted. Pa9 e 8 ~...' ............., ~ ~\I EamJ ·-"·:~t ~.-.._ ..~.":...~: ,~ September 15, 1901 ~RCHITECTURAL PROGRAM RE COLLIER COUNTY GOVERNMENT EXPANSION PROGRAM, PROJECT BUDGET, AND, seHEDULE OF CRITIeAL D^TES - APPROVED ~dministrative Assistant Neil Dorrill explained that today's report is the culmination of a process that has taken several months in regards to the expansion of the Collier County Government Center. He said that this process has been related to the construction management firm of Polizzi/Heery and the review of the BCC and their staff. ~lso, contributing to this effort has been the ad hoc Citizens Committee for Space Planning and Action. Mr. Dorrill stated that, pursuant to the work of these bodies, and the resultant presentation by the ad hoc committee which was made thrce weeks ago, staff was directed to finalize the architectural program and the associated exhibits in order to tie these to an architectural contract that will be brought back to the Board for approval regarding the prc-dcsig~ or schematic design for Phase One of the expansion program. Mr. Dorri11 referred to Exhibit "B", which is tho Architectural Program prepared by Po1izzi/lleery, explaining that this exhibit indicates provisions for an immediate ten-year need. He said that, approximately 265,425 sq. ft. of space plus grossing factors of 88,475 sq. ft. (corridors, vertical circulation, stair wells, etc.), which totals 353,899 sq. ft. He explained that this figurc included both new and renovated structures and not total new construction. He said that the projected cost is $30,317,842, which comes to an average cost ~f $85.66 per square foot. He also referred to the associated Exhibits, "~", which i8 a design, construction and equip:nent budget, and -e-, which ¡.-ð-critical date 8chedule for the program. Mr. Dorrill stated that these-three exhibit. will become part of the County'. architectural contract for pha.e one. aOOK 063 rat( fiT7 P119. 9 .....- ........_-~ . I n A~ ~~ ".,......_~..;.....,.._.~ _!;;;;......--...r _"'l:;'~~.~~<~~"'...-2l::sr~ ï ; I I I ! I !, ! I" I f ;,. : ~ ¡\ t. :y r' ¡ ~ 1\ ¡ "! ""; J BOOK 063' PACE 57B September IS, 1981 Mr. Daryl Bailes, of Polizzi/Heery, distributed copies of Exhibits -A" and "C", and Mr. Dorrill explained that this is the first time that a total projdct bl1dget has been prepared by Polizzi/Heery. He said that the figures therein are for escalated dollars reflecting projec- tions of what actual construction will cost when that effort is .' undertaken two to three years from now. , Also, included in the budget are ccntingency items, professional services related to architectural and engineering design, and estimated projections for equipment, owner furnishings, interior design and project contingencies. Mr. Dorrill said that Exhibit "C" includes stringent "owner- (Board of County Commissioners) review process as the schematic dosign phase is gone through. He explained that, as the designs and the conceptual models are prepared, they will be subject to "owner" approval prior tc proceeding any further. Also, it is to be recognized that it is hard to plan for ten years and th~ architectural plan and associated exhibits presented today ðre subject to change. He referred to the E~ecutive Summary, page 2, ddted 9/11/81 and read the five points on which final decisions are yet to be made relating to this progr'm. County Manager Norman assured Commissioner Brown that the program is designed in such a way as to allow the Board to change their mind on any given matter, as tho program progresses. He said that each step will be brought to the Board for their review and approval. Certain det~ils within the Architectural Program (Exhibit "8") were discussed briefly, including some concerns expressed by Commissioner Pistor related to the Court Reporter's area. Clerk Reagan explained that the County must provide space for activities associated with Criminal Court matters that are covered by this agency, addin9 that if the Board is concerned about the work done in association with civil matters, then, perhaps, the County Attorney and County Manðger Peg e 10 ~ ~ ~ ~ l!:! ¡ I ¡ ,.~~. .. . . If "'" _.. ......-.,,, ."-~~""_"''';'M ~"I!:L ~-~ September 15, 1981 will have to go through the program and work with the Court Reporters to determine the amount of space needed to provide these other .ervices. He also explained that there is more than one Court Reporter that requires space. County Manager Norman stated that, according to discussions that were forthcoming during the workshop session, it WaS his understanding that the County anticipates a contractual arrangement to be entered into with the Court Reporter regarding the payment of rent for space required to handle civil matters. Another matter that was discussed briefly was the proposed space allotted for use in the jail referred to as a receiving room for cigarettes, knives, yeast, sniffing materials, etc. Chairman pistor asked for an explanatIon a~d Hr. Bailes explained that certain materials that are meant for one purpose may be used for a detrimental or misappropriated use, if not closely supervised, therefore, they must be "controlled". Another question Chairman Pistor raised was why the Tax Collector's office has proposed a "break room", noting tnat this is the only department that has such a fari1ity? He also asked about the proposal for two water closets for the County Commissioners, noting that this was never discussed. Commissioner Kruse noted that she was contacted by a gentleman concerned that the jail should have separate facilities for a chapel. Mr. Bailes stated that how much space that must be provided for chapel services is ð debatable point, and he explained there is one aulti-purpose space of 1,000 sq. ft. proposed within the program that could serve as an educational facility as well as be used for religious .ervices. He said that Polizzi/Heory agrees that chapel space is appropriate, what has not ,been agreed upon is how much space Is required for a population of 416 inmates. He said that this Is on the 8follow-up" list that may necessitate coming to the Board and reque.t- ing additional space tor certain kinds of activities at a later date. ÞOCX 063 fACE 579 PIu¡e 11 .. ßOOK 063 PACE 580 September IS, 1981 He reminded the Board that ~he program is subject to change through further review and he outlined the methodology by which these changes can be made according to the critical date schedule. He asked the Board for authorization to proceed with ~he next step so that the negotiated contract can be worked out for presentation to the Board for approval in approximately one month. Mr. Bailes stated that, in order for the critical dates schedule to be maintained and to avoid costly Change Orders, all decisions rcgarding amounts of space and kinds'of facilities should be finalized by Dccember 15, 1981. After a brief discussion regarding the two volume set of documents roferrod to as Exhibit We", Chairman PIstor noted that he consider. the program and relevant documents DS examples of excellent work and Commissioner Brown moved to proceed with the next step as recommended by the staff. Commis5ioner Kruse seconded the motion. Commissioner Wimer stated that he would vote favorably on the motion, however, he wishod the record to re~lect thDt he nIno is In fnvor of a separate facility or space allocated for chapel services in the jail. Commissioner ero~ agreed, adding that he does not feel that the facility has to be too large nor teo elaborate. Chairman Pistor stated that he has been approached by some roligious leaders in the community that may supply the "window dressing" needed for the chapel. Upon call for the question, the motion carried 4/1, with Commissioner Wenzel oppose(] . Commissioner Kruse moved, seconded by Commissioner Brown and carried 4/1, with Commissioner Wenzel opposed, that the tentative budget and the schedule of critical dates (Exhibits ·A" and .C.) b. approved. County Manager Norman explained that the Board would not be committed to the factors within these documents, however, they will be Included in the architectural contract. Peg. 12 l ¡ I I , I f ! ,. r:.:m ' , ~.."'." ~ ~ ''''':i:'~..r'~"F'..~;;l·íI'{ ,,' '~'f~·~>:;'\::.: r,' :',I'!;l~!){~,~"-~~~~1~~(tj~t;):<.~, ~'\"'" , :p:,' ".', 'h_............__.."-.."·_....__..."·_·__~·-·"__"".."'~'"'·,,.........._....·_· , ~ ¡ I ' .' ( " September 15, 1981 PETITION CP-8l-12C, HENRY M. MINSTER, REQUESTING AN AMENDMENT TO THE COMPREHENSIVE PLAN FROM COMMERCIAL & AREAS OF ENVIRONMENTAL SENSITIVITY TO RESIDENTIAL MEDIUM/HIGH DENSITY (6.22 - 30 UNITS PER GROSS AeRE) - SECTION 5, T48S, R25E - DENIED Legal notice having been published in the Naples Daily News on July 10, 1981, as evidenced by Affidavit of publication filed with the elerk, public hearing, having been continued from from 8/11/81 and 8/25/81, was opened to consider potition CP-81-12C, filed by Henry M. Minster, requesting an amendment to the Comprehensive Plan for Commercial and Areas of Environmental Sensitivity lo Residential MOdium/High Density (6.22 - 30 units per gross acre) for a portion of Section 5, T48, R2~E. Planner Terry Clark stated that the petitioner has been out of town and that this is why the subject petition has been continued. He referred to the Executive Summary dated 7/6/81 and summarized the information theroin. He stated thðt the Board had considered this petition about a month ago and that, at that time, the members of the Board had s~mo apprehension on hearing this petition because there was no commitment from the petitioner as to the proposed density and use of the land. He said that, pursuant to this, the petitioner and the staff have met and concurred with limiting the density to 12 units per acre, thus, coming into line with the proposed density within the new Zoning Ordinance. Mr. Clark outlined the location of the subject property on an overhead map, indicating that it is surrounded to the east and south by Medium residential medium/high density and to the west by an area of environmental sensitivity. He also said that there is strip commercial development to the north of the subject property in Lee eounty. The petitioner stated the the reason for de1ayi"9 this petition v.. because the eommlssion thought that he would have the right to aoox 063 PACE 58I Pag. 13 .. -- . ... -- .... .- - . .. . "1 .¥ "'..( , ( . I , I ¡ j BOOK 063 PACE 582 September 15, 1981 build up to 30 units per acre, adding that the zoning moratorium Is not in effect and that the new proposed ordinance will only allow 12 units per acre for the County recommended zoning, and he stated that he 18 satisfied with this. He said that his only concern is that, now that there is a zoning moratorium in effect, he would like to know when the new zoning ordinance would be approved. Chairman pistor stated that this would be approved on January 5, 1982. Planner Terry Clark stated that the subject petition is requesting . . a chango in the Comprehensive Plan to allow this property to be designated as residential medium/high density for the purpose of accommodating the proposed zoning change. In answer to Commissioner Brown, Planner Lee Layno stated that staff is satisfied with the request and recommends approval, adding that the present zoning is RM-2 and that the new zoning ordinan~e will take it down to 12 units per acre. There was some discusûion regarding the property adjacent to the subject property which Mr. Minstcr claims has a much higher density requiroment, during which Chairman pistor questioned Mr. Minster's statement and Mr. Clark explained that this is so, if one is to include j~s~ the property on which the conðominiums are constructed. He . ~ . -: :: 4 explained that the adjoining property is actually a PUD, with an overall density of about 4.5 units per acre. Mr. Minster stated that there is also water area on this adjacent property included in the PUD, and Ms. Layne explained that the owner of that property has title to tho land under water and thus it was figured into the density requirements. She said that somo of the property includes an improved platted bulkhead, approved by the State and the County several year. ago, thus the owners have title to the bottomland in question. Upon Ms. Layne's statement that the public hearing require. Peg. 14 . . ~;a j~jj ~ -. , , ., -..'. -; " . ~. . ..~ .. . ". ); . ~. "".,. '. " " September l5, 1981 closing prior to a vote on the petition because the public hearing was not closed on ~ugust 25, 1981 and no final action was taken on that date, Commissioner Wenzel moved, seconded by eommissioner Brown, and J carried unanimously, that the public hearing be closed. eommissioner Brown moved, seconded by Commissioner Kruse, that petition CP-8l-12C be granted. The motion failed 2/3, with eommissioners Wenzel, Wimer and pistor voting nay. LfASE AGREEMENT RE 1975 CHEVROLET AMBULANCE FOR USE BY TilE CITY OF EVERGLADES - APPROVED Public Safoty Director Thomas Hafner stated that, pursuant to Board direction on Septembor 8, 1981, he has explored the possibility of selling the 1975 Chevrolet ambulanc~ to the City of Everglades rather than leasing it for $1.00 a year as he had recommended on that date. He said that he has found that the ambulance could represent approximately $2,400 in trade-in value towards the purchase of a new ambulance, and that tho motor pool estimatoR that it would cost approximately $2,700 to repair the subject ambulance. He said that, baaed on the potential trad£-in value and cost of repair, it would not be unreasonable to ask $100 for the unit bocauso that is the estimated -junk" value. Hr. flafner stated that he still rocommends leasing the vehicle, because total relinquishing of the vehicle would negate any power of control of the use of the unit, and that by leasing it to the City of Everglades for $1.00 a year the County could control that use and see th~t is is used only a8 a "rescue vehiclo" and not as an ambulance. ~OOK 063 PACE 583 Page 15 . ..... ...' .- I I I , I , '''fL ~l :~¡ML}T:'~ '~:=n~'~- ¡ '~A;:'":'·I."'::::;'~;·;~~I_~...~:,...,_) . "'"_"··""___~'_'_'_~_~"""_"'"""".._;,.'''"''''''_''''r'''''.''"¡_______"-- II I ~OOK 063 PACê 584 September 15, 1981 Commissioner Wimer moved, seconded by Commissioner Brown and carried 4/1, with Commissioner Wenzel opposed, that the 1975 ehevrolet : ambulance be leased to the City of Everglades for $1.00 a year and that the Chairman be authorized to exccute the lease. * * Lease not received as of October 6, 1981. L.C. RESOLUTION 81-204 RE PETITION P~'-81-12C, KEVIN STONEBURNER, REQUESTNG PROVISIONAL USE (5) OF THE ESTATES DISTRICT FOR A NURSING HOME ON PROPERTY LOCATED ON THE SOUTH S IDE OF RATTLESNAKE HAMMOCK ROAD ADOPTED; RESOLUTIONS 79-291 80-52; & 81-171 - RESCINDED. Planner Lee Layne referred to the Executive Summary dated 9/3/81 and summarized the contents therein regarding petition PU-81-12C, filed by Kevin Stoneburner, requesting a provioional use (5) of the Estates district for a nursing home on property located on the south side of Rattlesnake Hammock Road. She explained that the majority of the subject propcrty was approved for the subject provisional use in 1978 and, at that time, the property was an "L"-shaped parcel. Ms. Layne said that the petitioner now wishes to have the provisional use applied to a regular shaped parcel and that the provisional use be rescinded on the remaining portlond of the pruperty. Ms. Layne stated that the staff recommends approval of the request, subject to the following stipulations: 1. Final site drainage plan be reviewed by the County Engineer prior to the issuance of any building permits. 2. Fire hydrants be located on the northern boundary of the proper t y. 3. Public water roquired. 4. 17.5 ft. of right-of-way along the north property line be dedicated for widening of C-864 when requested by the County. Ms. Layne stated that the staff is also recommending that Resolutions 79-29, 80-52, and 81-171 which related to the original " Page 16 . . &;~~~¿} ~j c:::o -'. " >'C'~6<~:'. ,,_t'. ..,.-.... ,""... li,·:··;~ September IS, 1981 provi.iona1 use be rescinded. Commissioner Wimer moved, seconded by eommissioner Brown and carried unanimously, that Resolution 81-204, approving the provisional use requested in Petition PU-8l-12C, filed by Kevin Stoneburner, be adopted, subject to staff stipulations 1 and, that the above-referenced resolutions be rescinded. ---.-....-.-- -.-- &OOX 063 PACE 585 Pa9. 17 .' - .. '..~' .. , .~ ~~.-.:.,t,,~ '. ... . " :0-. """".fl':" "Ii, .:.....,: ...............__.__,_....0<..,_""........";"....",,.._..,. ..-- ,--- . . . - ~..".- September 15, 1981 RESOLUTION 81-205 RE PETITION SNR 81-ge REQUESTING TilE eHANGE IN STREET NAME FROM AMSTERDAM BOULEVARD TO JOSEPH D. TESTA BOULEVARD AT THB ENTRANCE TO NAPLES ESTATES MOBILE nOME PARK - ADOPTED planner Lee Layne explained that Petition SNR-81-ge, filed by Naples Estates, is requesting the change of ð street name from Amsterdam Boulevard to Joseph D. Testa Boulevard for a street located at the entrance to Naples Estates Mobile Home Park located at County Barn and Rattlesnake Hammock Roads, Section 17, T50S, R26E, in memory of Joseph D. Testa, former owner and operator of Naples Estates. She reported that it is staff's recommendation that this street name be - ._- .._- approved. eommissioner Wenzel moved, seconded by Commissioner Kruse and carried unanimously, that Resolution 81-205 approving the aforemen- tioned street name change, be adopted. eoox 063 tAtE589 '-9. 18 ~.. ..- ....- . . --.. ......-- ...--. ---_.--.,.._-,---~-_--..--, . J j I i I I I· ßOOK 063 PACE 592 September 15, 1981 RESOLUTION 81-206 RE LOCAL GOVERNMENT eOMPREIIENSIVE PLANNING ASSISTANe! PROGR~M - ~DOPTEDI CHAIRMAN AUTHORIZED TO SIGN GRANT ~PPLIe~TION RI SAME PROGRAM. Following a brief description of the Local Government Comprehen- sive ~ssistance Program and the ways that the grant funds from the Department of Community ~ffairs may be used, Commissioner Wimer moved, .econded by Commissioner Brown and carried unanimously, that Resolution 81-206 re the aforementioned program, be adopted and that the Chairman be authorized to sign the relevant grant application. Pa9. 19 . . ~~!\1J ;ra !!!! " '~--"""""'M)""""" .' " '. '~""~'..''''~J1i!C___'_. ' '~;",I,' -"""'............."..__............,"'.............,,--"',..."""''''.. ''''', "' . " " , .: '), .. .~. - Septcmb~r IS, 198! i ~ l ~ . * RECESS - TIME: 10:00 A.M. to 10:10 A.M. . * * * . "' PUBLIC WORKS ADMINISTRATOR TO MEET WITH THE BCBB AND ENGINEERING CONSULTANTS RE ALTERATIONS TO CHANNEL UPSTREAM OF HENDERSON CREEK WEIR FOR PRESENTATION TO THE BCC IN TWO WEEKS Public Works Administrator Clifford Barksdale stated that pursuant to the Board's direction, after hearing his own preliminary report regarding the Henderson Creek Weir on 9/1/81, the consultant Charles King, of Griener Engineering, has prepared a report. Mr. Barksdale said that Mr. King ~e1ivcred that report to the WMAß on 9/9/81 and Is prepared to make a similar presentation today. Mr. Barksda1e asked that Mr. Ted Smallwood, who was with the firm of Black, Crow & Eidsness at the time the firm prepared the District VI Report and later was the County's consultant during the design stages and developed the preliminary design reports for the Henderson Creek Weir, be given the opportunity to make a Fresentation of the background of the District VI Report, for the purpose of a better understanding of the entire District area and the relationship of tho District with the subject weir. Mr. Smallwood, stated that the objective of the Report is a water management plan which would permit urban development of an area, that had been identified by the Planning staff as an area that would be developing, and preservation of the natural resources associated with the area. He identified the following as the major considerations of tha t plan: 1. Adequate drainages In order that the existing and project~d development cou1d take place in an organized and orderly lash ion. Preservation of the historic hydrology: In order to .lnl.1z8 the impact on the natural environment associatod with this 2. &OOK 063 'A~ 599 Page 20 . ""'" ;.H.,A ."', .c""'~'J ~ .-.....4MI.À ~ ~1 _.~..o-l_""'· .. I M~! 063 PA:E600 September 15, 1981 area, including the integrity of the sensitive marine estuaries that are seaward of the upland areas south of US 41. 3. Pre3ervation of the groundwaterl In order to preserve the upland areas of wetlands, such as the cypress Blough areas as defined in tho report. Mr. Smallwood referred to a chart that was used when the District VI Report was first presented, identifying the major f10wways, the primary preservation areas and an area that was ca11ed a conservation area at that time. He noted that the greater portion of the preservation area lies south of US 41 and is pre~ominantly saltwater marshes, mangroves and estuary. He also identified some areas north of US 41, which are predominantly freshwater marshes and cypress areas. He explained that the plan recommended an approach for permitting development to occur that provided for flowways and stormwater runoff, including tributaries which run into the :::~j0r fply Canal outfall discharge point. He also outlined a second basin within the study area which has several discharge points, the primary one being 'that which comes from just west of the Air Park development down into the Naples Manor area which is actually being developed in the middle of a cypress slough. He said that methods have been developed within this area which allowed the area to be developed in a reasonable fashion and still allowed for getting water around this area and drainage into the waterways. He pointed out a secondary slough west of 951 which came in and tied into the discharge into the estuarieß. Mr. Smallwood said that the plan was to bring the floodways down to the point where the saltwater marshes and the mangrove fringes are and, at that point, to re-establish sheet flow back into the estuaries, so as to minimize the impact on the estuaries and yet permit stormw~ter discharge during the flood periods. In answer to Chairman pistor, Mr. Smallwood said that the predominant areas that were identified as ·preservation" are 80uth of Page 21 . , " .. ~ ---- ~.. ~ F,',,"...;H '1 v '........... '~.....~... ,,~. ~~~t~~~ ~:, ¡:. _._-_.~J ~ . - . - _. . -...- --.. September 15, 19B1 US 41, however, there are approximately 300 acres north of US 41 which were Identified in green on the chart. Mr. Smallwood said that another area which is of prime concern now is that area contributory to the Henderson Creek outfall. He said the Henderson Creek drainage basin is not an area that was totally defined within Water Management District VI. He said that tributaries to this basin are outside the boundaries of this district. Ho pointed out the .ain tributary, along CR 951, which does tie into the canal that was dug into Henderson Creek, ending up 1/2 to 3/4 mile west of the original creek. Mr. Smallwood said that the structures 'hat ~~re recommonded as part of the overall plan for preservation of the estuary and for permitting the drainage of this area in f'1ture phnning and development were beneficial in that they were to provide a salinity barrier along US 41, same being the primary natural blockage, acting as a dike and/or buffer zone between tidewater and freshwater uplands. He said that the report included a recommendation to establish a seriec of weirs alollg this line (U.S. 41) where the underpasses occur and to maintain the groundwater table at or near the groundlevel during flood periods and to permit this water to drain off in a reasonable fashion back into the estuaries and redistribute that water back into sheetflow. He said that this would prevent saltwater intrusion in the area and would permit development to occur. Hr. Smallwood stated that the preservation of the groundwater table In the subject area also has a secondary function, In that it Is currently protecting the freshwater supply for Marco Island. Mr. S.allwood said that that was not a primary consideration in 1974, at the ti.e that District VI was put together, however, it i. one of the pri.ary i.plementation factors of thi. report a. a part of the overall &OOX 063 PACE 601 Page 22 . ' _......~~ ·...r · f . I · '~"""w.-:""'1fII';Iì~~-.. ... _"""~O'___" BOOK U63 PAGE 602 September 15, 1981 plan. He explained that the need for this protection arose as time moved forward and the provision of freshwater resources for Marco became more imminent and demanding. Mr. Smallwood stated that, from his recollection of the decision to proceed with this structure, there was a great amount of emphasis on saltwater intrusion in that particular area, adding that this was one of the primary functions of the Henderson Creek Weir. He said that since 1974 there has been another plan prepared, known as the District VII Plan. He said that this covers the area north of District VI, beginning in the southern portions in the City of Naples and moving up the coast to the County line. He said that a number of structuros have been recommended and constructed to date, adding that their primary purposes are saltwater intrusion and surface water storage. He referred to structures existing on Halderman Creek (just north of US 41), the Gordon River (just east of Goodlette Road at the parkway extension), the West Branch of the Cocohatchee (on Immokalee Road), and the structure on SR31 (j ust north of the Parkway). He said that all of these, to his knowledge, are functioning according to their original intent and design. He referred to a number of other structures that exist, including thoso in the Golden Gate area. He said that all of these structures, including the raising of the crests of the Golden Gate Estates' structures to retard freshwater movement, have, as their primary function, the prp.servation of the natural resource from saltwater intrusion and the preservation of the natural resource In the estuaries which are vital to the production of commercial and sports fishing in this area. Mr. Smallwood stated that the report recommends that, within each devlopment, lake systems and natural wetland areas are to be utilized for retention of atormwater to permit the natural hydro-periods to be PI']' 23 ~ ~ Œ:E! t::::3 1 - ~~:u:.t:...-T~¡...,.·_r ---~----_._.-.-._, ....._.~- ..'." .- ·. ... - ... .. .... - _... _. - September 15, 1981 ~aintained within the area and to permit the natural ecology of the area to remain basically unchanged. Mr. Smallwood addressed the matter of acquisition of preservation lands by stating that the District VI Report was the first recommen- dation towards the development of TDR's for the protection of preservation areas. He said that one of the recommendations was for the Bee to set up a program whereby developments that occurred would receive TDR's towards development of upland areas for wetland areas that were put into preserv~tion. He said that the report states that approximately 50\ of the 300 acres north of US 41, which would be requircd to be kept in preservation, could be obtained by TDR's, and, as a result of this, the need for possible acquisition of upland areas would be minimized. Mr. Smallwood concluded his presentation on the intent of the Distr ict VI and Henderson Creek report by stating that he belleves the structures that have gone forth to date have all met the goals that the acc adopted as the desires of the communities. He said that, at this point in time, if tho County were to say that it no longer has an interest in wbter management and that its only interest is in developing the floodways and surface water discharge facilities, that eollier County will, as many other counties in the state of Florida, wind u~ with a major water shortage in th~ near future. He encouraged Bee to accept the present design of Henderson Creek and to proceed forward with the implementation of the water management facilities as recommended in the District VI Report~ Mr. Charles King, of Greiner Engineering Sciences, Inc., speakin9 a. the eounty's form~r consultant, made a presentation of the Operational Report of Henderson Creek Watershed, Structure HC HCC-3, period August 15 - September 1, 1981, dated September aOOK 063 PACE 603 and 4, 1981. Page 24 . --..-...---'--- - ------J I BOO~ 063 PACE 80'4 September 15, 1981 Mr. King explained that his firm was retained to design water control structures HC and HCC-3 and that the work, which began in 1977, continues through the operational period which is what is being experienced now. Mr. King said that, when his firm was given the assignment to design the structures, they were also given a copy of the Disrict VI Report, addressed earlier by Mr. Smallwood. He said that Criener Engineering was asked to review the District VI Report, to make recommendations, and to preliminarily design structures that would accommodate those design factors within the report, or, to bring forth other design recommendations which might alter the District VI Report's recommendations for implementation. Mr. King stated that prior to actually getting started, his firm arranged a tour for several Commissioners to look at water control structures very similar to what is now installed at Hend~rson Creek to get some idea of the methodology app1 ied. to that system and, upon that taking place, the firm began to implement the report. fie stated that these structures were conceived during an era that this county went through after the development of Golden Gate during which a great impetus was given to re-establishing the sheet flow or high groundwater levels throughout the county. He said that he believes that this is 0 good position for tho county to be in, i.e. operating the wat~rtables as high as possible without undue stress on the environment or the persons owning and 1 iv ing upon the land. He referred to paragraphs 4 through 6, on page 1 of his report regarding the management plan envision that much of the fresh water marsh area above Structure HC is to be acquired as "preservation lands- and b. operated through a wet-dry cycle to sustain the wetland environment. He added that, to that end, the dry cycle groundwater levels were envisioned to recede to lower than 1 ft. below natural Page 25 ....._- . . ~~:;¿J ..~~ p.:¡¡~ ~ t _..._,--_...-_...._....~, ··_·-t.._,..,-..,,·~···. Ii r 1_ _0 _om .. ..._ .-1....'-' .' . September lS, 1981 9round in the dry season and this is what is happening. He stated that, at the same time, the control structure must have the design integrity of a positive salinity barrier to elevations that would withstand overtopping from tide floods. Mr. ~ing outlined the Master Plan Design Data as outlined on page 1 of his report and noted that it is very important to realize that there was no way to separate the discharges from HC and HCC-3, as they are hydraulically connected via a canal along the north side of US 41. He said that, because the flood plain level is such, both structures share a common flood stage. Therefore, said Mr. King, there is really no way to separate 'he d63ign integrity of the two structures: they must act coincidentally. Mr. King st~ted that his firm considered the information in the District VI Report regarding the design discharges as "underestimated", adding that they alse felt that the drainage basin could be even larger than that which was calculated, according to the design discharge factors In the basic document. He said this was discussed with tho County and the WMAB and that his firm then made the recommendation that the crest elevation of the main and secondary weirs be lowered to an elevation of 5.0 and the movable weir gate be increased to a 12 ft. length. Also, that the peak discharge for the two weirs be set at 694 cta at the control stage of 5.7 ft. for a peak 2S-YQar discharge. He said that this was accepted and approved for proceeding by tho eounty in a letter dated 12/29/77. He said that, actually, the present condition discharge goes up to 941 cfs for 100 yr. storm at elevation 6.2 ft. He said that on a future developed condition, they go up to 1670 cts at an elevation 6.9 ft. He said that this means that the ..t~uctures are actually designed to pass these high frequency .to~. through a watershed that has an indeterminate watershed area. 'OOK 063 p~c£ 605 '.9- 26 . _..__,w 'T ¡~'. j f !- I . BOOK 063 PACE 606 September 15, 1981 Mr. King said that certain facts involved with the Henderson Creek system need to be considered, including that, if 541 cubic feet per second could be discharged for 24 hours, only approximately 1 inch of water would be taken off of an indeterminate watershed of about 20 square miles. He said that another fact that needs to be considered is that, if it were possible to excavate the total Henderson Creek canal to Wdry", i.e. take all the water out of it by over-draining it, it would only hold about 0.15 of a watershed inch. He said that that this means that the Henderson Creek canal system holds very little water as a storage system, as compared to the amounts of rain that have fallen lately. He said that the bankful channel capacity of Henderson Creek above HCC-3 was approximately 700 cfs prior to construction of the structure and 550 cfa with the structure in place. He said that this means that the actual c a pa c i t Y of the canal has been red uced by installing the structure within it by about 150 cu. ft. per second. He said another fact tha t is important to consider is that the wa te r shed areas above these two control structures may exceed 20 sq/miles during flood conditions because of the indeterminate type of watershed that it Is and due to the transfer of flow in the watershed of the Everglades area during that period. Hd explained that water seeks the least area of resistance and flow, to the lowest outlet. Mr. King saId that the rainy season just experienced was a perIod that would cause this to take place. He referred to Page 3 of the report, outlining the conditions during the period from August lS, through September 1, 1981, adding that the gauge at Big Cypress indicated that from August 4 through 27, 1981, there were 13.45 inches of rainfall and that 10.1 inches of that rain fell in the ten day period betwen August 18 through 27, 1981. He said that those 10 inches fell upon saturated conditions, thus running about 4 Inches above normal rainfall, causing the entire Pac¡ e 27 ... .. -.... . .. .- ~XJ . g}~W~~ ~ T 1* 1, ~ , , Sept~rnber lS, 1901 Everglades system to overflow simultaneously from 8 drainage area far above the area of the structure. lie said that this could possibly been from as far north as the Golden Gate area. Mr. King said that, during this period, the control structure actuall y operated in the design perameters which were set forth in the Master P1 an. Mr. King referred to PI ate t1 of his report and outlined the various data therein. He stated that this plate proves that the water control structure has the ability to draw the water down from the p~nding system above the structure and that the canal system, in his opinion, does not have the ablity to transmit as much water as the control structure can discharge. The most important factor for the entire structure that needs to be considered, said Mr. King, is the effective salinity barrier along US 41, which is, in his opinion, the most important design and future perameter with which the BCC will deal. He said that the "true" salinity line is about I mile south of 411 however, this does not present an opportunity to actually effectuate the salinity line wheroas US 41 does. . . . Commissioner Brown left the room at this time: 10:37 A.M. . * * Mr. King continued to outline the establishment of a salinity line at the site of US 41 whereby the control structures can be tied to this -levy-like" system and stop the salt watAr intrusion above that point. Mr. King explained how the elevation of 5 ft. was chosen, stating that the annual yearly maximum spring tide at the structure i. about 3.4 ft. and the one in five year flood tide at the control structure is about 4.3 ft., which means that, for design purposes, the de.ign elevation of the creat of the weir above 4.3 insure. a safety factor. Øe r..inded the BCC that the Master Plan called for an elevation of 5.7 aOOK 063 PAC( 607 Page 28 . . ~ 1)C~X <J63 PA~E 608 September 15, 1981 and that this was compromised in the orginal design, based on the da1a gathered. lie explained that the engineers did not want to encroach 00 low on the elevation due to possible backwater from the tide flood t encroach again into the potable water system abovo that point. Mr. ~ing explained that, if a hurricane tide or other wind driven tides occur, there is a low gate on the structure which will allow for flushing the saltwater back out of the system. * * ~ Commissioner Brown reentered the meeting at this time: 10:45 A. . Mr. King s: Id tha t the Co unty :ng lne.r has askad t:at his fIr." look into the possibility of providing more discharye at the low sta[.. for the structure if, in fact, it is found that the drawdown system needed to b~ increased. He said that three possibilities were looke at, as outlined within the report on pages 4 and 5. He referred to Cond it ion I I I, which would lower the elevation from 5.0 to 4.0 ft, a d increase the capacity from 376 to 606 cfs at the con trol elevation 0 5.5 ft. and A combined discharge from 598 to 827. He also outlined he positive and negative effects of this condition, as outlined on the- '. same page of the report, concluding that he considers this method as highly undesirable. . .. He referred to Co:,dition IV, which would add a 4 X 4 sluice at he Hee-3 structure and increase its capacity from 376 to 50S cfs at the control elevation of 5.5 ft. and the overall capacity of both structures from 598 to 727 cfs. fie outl ined the positive and negðti . effects of this alternative, includ ing the fact that this would cost, $17,300. He added that the present canal sY8te~ would probably not deliver the additional water and, therefore, this alternative probab y would not be effective. He referred to Condition V, which includes putting in a 4 X 8 Page , . . ~ IIiIiaìííI . éW8 . L...: _. r>-".--'" _~_ ~~...__., ~-< ".... ._"_ ._...._... ._.',,-n_ September 15, 1981 sluice gate on the structure without a salinity gate on It. He outlined the effects of this method, including the fact that this woulð cost about $23,450. Mr. King referred to the recommendation outlined in detail on pages 6 and 7 of his report and carefully went over each paragraph, concluding that it is important that the Board understand that his recommendation is to not take any futher action at this time; to operate the structure, as it is already modified and outlined in Condition II, for a much longer period of timo; and that, if further alterations are deemed necessary, the only other method of alteration or modification that he would recommend would be as outlined in Condition IV of the report. He said that Condition IV would not impair the integrity of the structure as a salinity barrier. He concluded that the structure is, in his opinion, operating according to the original intent of the BCC. He said that he sees no reason for recommending that the Commission consider anything other than that which has already been don~. He said that his firm does think that some compatible policy needs to be established, regarding areas above the structure, whereby the County's development and water management policies will be compatible. Commmisaioner Pistor asked if Mr. King is aware of any plans to eliminate structures HCC-I and HCC-2, as recommended in the Master Plan, for placement north of HC and HCC-37 Mr. King replied negatively, adding that it is his personal opinion that, perhaps, they should not be installed if the County in going to continue to manage Ree-3 at the level that is now being established. Al~o, these two additional structures would further impair the ability of Renderson ereek Canal to transmit water downstream to RCC-3. This was discus.ed at length, during which eommissioner pistor asked how important to the 063 PAc£609 &OOK Page 30 . , '" ~ . ~ ... '." " ~~> .;.. .#,~ " , ·--.--...----- M()~ 063 PAC£ 610 ~ = t September 15, 198~ sy~tem ~oul~ 1 it be. if the eounty were to . ch~ng. the, aCcess rOðds~ : ~ -: ~ upstream,of HCC-3 t9·real bridges and/or-Increase-:the, ~ize of:thQ.e -~~ culv~rts.~ndert~~ roads, adding ,t~athe thiry~s_~hey:a~e:~c~iryg;~~ ~; dam. Mr. King agreed and said that it must be understood·th~t the, Henderson Creek Canal has a certain design capacity and any:structure in that.canal will further obstruct the flow of water downstream. He said ~hat what he is saying is that the control structure has the ability to pass the water through, if it can get there. He said that anything that can be done to Henderson Creek Canal to improve the discharge, ,if this is what the County wan~s to_do, wi1lactually.:- improve the elevation upstream of the system. In answer to.County." Manager Norman, Mr. I\ing stated tha t he is not a wa r e of any stud ie 8 directed towa rds these obstructions and their effect on the system. He said that there is no question tha t the canal system cannot transmit the water to the structure as fast as the structure can draw down tha t water. He added that the canal has ð slight impedance as it approaches the structure; however, the farther away from the structure, the less-. that: ,structural impedance ex ists. lie sa Id that it probably goes ~back to .practica11y zero about one mile from the structure.- : - .. '" ~ " In answer to Commissioner Wenzel, Mr. ~ing said that saltwater has reached an elevation of +4 about two times in t~n years or once in five years, up to an elevation of 4.3 ft. lie said that this does not tak~ into consideration any wind. The possibility of lowering the elevation Pac¡. 31 of the stucture below +5 was discussed further, as was the use of a gate system for backflushing in cases of saltwater intrusion, after which Commissioner Wenzel asked Hr. King if he thought it a good Idea to go upstream of the structure and remove the roads that block the canal and install bridges. Mr. King stated that he would favor increasing the capacity of the upstream canal in order to .ove .ore ~,~~~*l . r!ŒJ ~ ~ September 15, 1981 water downsteam to the structure. Mr. Barksdale was asked by Commissioner Wenzel if the County controlled those roads and culverts that lie across the canal and Mr. Barksdale replied affirmatively, explaining that the culverts lie in the canal easements. Commissioner Wenzel asked if the County could insist that they be removed and/or widened and Mr. Barksdale said that if the Commissioners deemed that necessary it could be done by the County; however, he did not think that those people served by the roads would be responsible. Mr. Smallwood stated that the Big Cypress Basin Board is presently cvnducting a study regarding the area from SR 951 eastward to the Faka-Union system. He said that the recommendations within that report will enlighten some concerns about the drainage basin and other concerns contributing to the Henderson Creek structure. He said that the study report will be made on October 23, 1981, at the regular BCBB meeting and he asked the Board not to make any decisions until they attend the meeting and hear this report. Commissioner Wenzel asked Mr. Smallwood if he is in the position to make recommendations regarding the opening of the culvcrts along the canal and Mr. Smal~wood said that it is his opinion that such a method would have an insignificant impðct on the problem and would not be cost-effective. He said that he does think that the problem lies in the fact that the entire syatem becomes contributory to the flow of waters as was indicated earlier by Mr. ~in9 when he explained that the basin is an Ind~terminate basin. He said that he does not believe the solution Is moving that water into the 951 canal, he believes that the solution is to provide additional flovway. In the subject area, in order to let that water flow in the direction that it should be flowing, because that flow is presently being bloc~ed by us 41 and othor structures. Hr. Smallwood's suggestions were discussed briefly, after which &001: 063 PACE 611 Pac¡. 32 ~.~ ¡ ¡ r i J ~OOK 063 PACE 612 September l5, 1981 Commissioner Kruse made a presentation regarding apparent controversy between the firms of Black, Crow' Eidsness, Inc., and Greiner Engineering from 1973 through the present, which she claims has contributed to the problems faced today by the people living in the area of the Henderson Creek control structures that are experiencing flooding. She referred to various charts which outlined the difference in opinions about such things as elevations, amounts of discharge, size of the contributing drainage basin, effects on the surface water hydrology, draw down time, intent of the structures, ana other data regarding the structures. She explained that she has no problem with the engineering, as she believes that both firms did what they were told. However, she claimed that the members of the Board that made the decisions regarding the subject weir made those decisions based on conflicttng information. She rcferred to the conflict of intentions for the structurc, as outlined in copies of memorandums, letters, etc., as well othor conflicting data within various communications from the County Engineer, BCBB, Water Management District, County Attorney, Corps of Engineers, certain Commisnionerß, Utility Director, and the consulting engineers, rcgarding the proposed construction, the intent of the structure, and the actual design of the subjert weir. She said that it appears to her that the structures were approved for construction without benefit of anyone being sure exactly what would happen when the construction was completed. She referred to the aforementioned information as a -flip-flopping of information fro. experts" and stat~d her opposition to the construction of all of the control structures that have been recommended by these experts, addinq that she disagrees with the theory that they are noeded to preserve freshwater supplies. Mr. Ronald Bruns, of Bruns' Bruns Inc., repre.entinq Mes.rl. Page 31 .' ~-} r&1 í:~:-~ --'......:..;..:' ~_....11.~ .- I I I I i ¡ ¡ .:.' , September 15, 1981 Grand and Square, and Naples Isles, referred to mapS, overlays, and charts and made a presentation regarding the negative affects that the subject structures have had on his clients' properties, including an explanation of what the contributing basin's size really includes, same being much larger than indicated by the consulting engineers. Mr. Bruns claimed that because these structure were designed for a smaller drainage basin they are not properly designed, nor do they work properly. He claimed that weirs in Henderson Creek have contributed to the flooding of his client's property for longer periods of time than would have been the case if the structures were not in place. He explained the problems associated with draw down time relevant to the- main structure and offered examples of how the problems grew with the amount of rain that fell in the area in the last month. Mr. Brun~ claimed thát the exact size of the drawing basin is still not known at this time and that this is the main rea50n that the structure is not working effectively. He recommended that the structure be altered Immediately so that the draw down time will equal the pre-construction levels, by removing sheet pilings where necessary and also that the basin be analyzed for actual drainage areas to determine more accurate design flows. He recommended that HCC-3 have a draw down facility in the canal adjacent to the southeast wing of the structure. He said that he thinks the channel condition below HCC-3 should be corrected to eliminate flooding in that area and adequate outfalls for the other two culverts under US 41 should be provided. He a1£.~ recommended that the system be designed to draw down the water level to 2.5 elevation withtn two to three days after a storm. Mr. Bruns' remark. were discussed briefly, during which Mr. Barksdale explained that there was some additional obstruction of the opening Into the structure during construction which was the result of tOOK 063 PAC( 6:1.3 Pa9 e 34 . .. ',$0.' , ... ,.;~ , . "'.:."-'.Iô, ~... . . _....__........,.....~.,.....'IIo.'"' ~.... --..-".......- f , i I t I i , I 800K 063 PACe 6i4 September 15, 1981 the piling for the main structure not being connected into the western bank and a coffer dam upstream of the structure was in place. He said that did restrict the flow way during that period which was at the onset of the rainy season. He also stated that the gates of the structure wore opened from the beginning of the rainy season. Mr. L. N. Ingram, representing Naples Isles, Inc., explained that he understands that the flooding problems are associated with the fact that the structure was designed for a smaller drainage b~sin than actually exists and that the problem could be rectified by constructing other control structures farther upstream in the drainage area. He urged the Commission to consider that possibility. He also recommended that the County buy the flooding rights, fill the land that is being flooded, or alter the existing structure. He said that his client owns a 182 acr~ mobile home park thaL was entirely underwater during the rainy season and that this is an intolerable situation. He asked the County to look into the kind of liability insurance that the conau1ting engineers carry and requested that his clients and others that have suffered from flooding be given immediate relief. He suggested that perhaps the County should hire other consulting engineering firms and consider consulting additional per£onnel regarding these structures. There was a discussion regarding the rise in the land going east from the subject structures, during which Mr. Barksdale said that the rise is about one foot per mile to the northeast. . . * Commissioner Wimer left the room at this time: 11135 P.M. . . * Jerry Cutlip, Manager of Corkscrew Sanctuary and a member of the WMAB, spoke in favor of leaving the subject structures as they are and paq8 35 .... ..--.......... . . r:z,:;,$H 2!.!J ~ !kM~" ~_..L.-""'·~"'·'~'_ .... f , " J t I j ! J ~ 'I ¡ J 1 ¡ ì ì ¡ .. September 15, 19A1 following the advice of Mr. King, adding that there are areas In this County that have always flooded and that always will. He said that the the County must not act hastily on this matter and that it was the recommendation of the WMAB that the Board accept Mr. King's recommendations. He stated that it would be unwise to make a decision on the philosophy of water management for Collier County based on problems that arose only during the month of August. . . . Commissioner Kruse left the room at this time: 11:40 A.M. . . . Hr. Cutlip stated that even if the County Commissioners made a commitment to drair all Lhe flooded lands in the county, there is no way for it to be done, i.e. financial responsibilities would negate this from being feasible. He recommended that when a person buys land, some mechanism should be devised whereby the purchaser is sure to know that that land he/she is purchasing may be subject to flooding during certain times of the year. Mr. Cutlip explained that the WMAB has studied these matters very carofully and ~hat they unanimously agreed with Hr. King's recommendations. Mr. Bernie Yokel, who spoke as a member of tile WMAA, stated that the County is looking at something that happens every year, l.e flooding in certain areas. lie said that the subject problems related to the area near the HenderGon Creek weir have come about because of the heavy rains in the area and the apparent "back-to-back" five year storms that hit that particular area so close together. He said that another problem is that no one knows the distribution of the rain, i.e. how hard it rains in a particular area of the subject watershed. Mr. Yokel said that, when it rains the way it did in ~ugust, the rain piles up over the land because it is saturated and the floods be9in. He .aid that vhat must be accepted is that certain parts of the County will eOOK 063 PAr.E 615 Pac¡. 36 . ,- -. ", ~....-..:.;¡ --' .., ~ >':"" ''t''. .. . . ff t -'. .r~ ~:I BOOK 063 PACE 616 September 15, 1981 always be subject to these flooded conditions. . * * eommissioner Wimer re-entered the meeting at this timer 11:43 A.M. . . * Mr. Yokel explained the topography of the subject area and how the flat slope of the land is contributory to flooded conditions when the land becomes saturated. He also outlined the factors that contribute to the the subject watershed becoming larger at some times more than at others, i.e. rains, blowing winds, saturated conditions, water movement, etc. Mr. Yokp.l stated that the County needs to continue to initiate the controlled water management measures that it has in order to protect this area from suffering a water shortage during the drought periods as many other counties in this state have. He said that Collier County is the only county that was not strapped with severe water measures this summer and that this is to the credit of the county engineers, the consulting engineers, and tho water management policies of this county. lie said that he considers the county's assignment relativo to wator management measures as "getting this county through the drought". * * * Commissioner Kruse re-entered the meeting at this timet 11:45 A.M. . * . Commissioner Kruse stated that she does not believe that anyone has ever said that portions of Collier County do not flood periodically, nor has anyone ever said that the subject area now suffering from flooded conditions does not flood from time to time. She said that the floods have always subsided faster before the structures were constructed. Commissioner Kruse added that the proble. today is the duration of flooding. She stated that she believes the subject structures contribute to a longer duration of flooding and that this i. the reason that people complaIning. She said that the longer Page 37 , " . , _;~\1 mill ~ .....,._...,..,.~ . ,~ .. ~ ... f II j 'I ! ~~ptembcr 15, 19A1 the duration of flooding the more damage there will be to the property owner. Commissioner Kruse said that she does not accept the theory that this County will ever have to suffer a water shortage because the water control structures are not in place on Henderson ereek. She said that she also is uncomfortable with statements that lead one to believe that all of the present and proposed control structures will insure that Collier will not suffer from a water shortage and she added that it has never been established that the reason that Collier County had no water shortage last year was thanks to God or the county's water management measures. She also stated that although the Corps of Engineers established many conservation arCð~, man has not done a good job in management of these areas, i.c. management arca II. She explained that the animals are subjected to either flooded conditions or to drought conditions within thia one particular management area every time that man interrupts the Rcyc1eR of nature. She said that she thinks that man should learn a lesson from this regarding the act of management of certain natural cycles. This was discussed at lergth, during which Commissioner Kruse stated that Lely, Cocohatchee, and Henderson Creek weirs were not in place last summer and that Collier did i1('1t have any problems with W<1ter shortages. Mr. David Graham, speaking as a resident of Golden Gate, stated that he has been attending meetings relative to water management and water control structures of one kind or another for years and that he believes that it is becoming clear that somebody or some group does not want anyone to live east of 951 and they are using terms like "water .anagement", Rdrought", "preservation", etc., in order to gain this end. He said that the flooding conditions in the Golden Gate area are getting worse, adding that he believes the County needs to look ahead and, if development is not wanted in certain areas, the County should ~(¡O~ 063 PACt. 617 hge -- ~," MDÄ 063 PACE 618 September 15, 1981 purchase the land from the people and preserve It. He said that the County is running into the violation of certain property rights and that they need to be protected. He said that many people feel that somebody is trying to take their land away from them and he asked the Board to listen to them. Mr. paul Kruse, speaking for the Golden Gate Residents, Supporters Assoc., spoke in opposition to keeping the subject weir in place, referring to the conflicting information that has been presented to the Board in the past as well as this morning. He said that, speaking as a scientist' and oceanographer by training, the amount of water available to the people in Collier County during the dry season has nothing to do with the water control structures, as they are not efficient in holding water back during that time of the year. Mr. Kruse requested that the entire structure be removed from Henderson Creek. During a discussion of what has been presented, Commissioner Kruse stated that she favors taking out the subject structures and taking a long look at what it is the County is doing, and then, if the County wants that land, the County Ðhould buy it. Commissioner Brown asked Mr. Barksdale what he recommends? Commissioner Pistor stated that there is no water going over the subject structure this morning. Mr. Barksdale stated the he is in agreement with Mr. King's recommendation, i.e. to wait and see. He said that it is known that these same areas have flooded in the past, before the weir was ever constructed. He said that, now that the weir is in and the rainfall has been extremely heavy, that same are. is flooded once again. Mr. Barksdale said that he believes that it would make more sense to look at the channel upstream to see if those conditions would be improved. He said that he believe. that this would Pðge 39 IE] II'iIJ !ti!L -~<".._....,-,. ."~'>"'~>""-'''''-'----'''-''.'<-- -~,,\....,.,.'~.... .~ ........ ''''... - . Septamber. 15, 1981 relieve some of the flooding. He said that to say that the weir is causing the flooding in the subjecc areas does not compute. Commissioner Wenzel asked Mr. Barksdale if he would agree that it would be a good idea to increase the size of the culverts to the northeast? Mr. Barksdale stated that, if this would increase the flow, he would agree. He said that there could be obstructions in the channel itself, downstream of the last weir. He said that when the canals were built, as part of the road program, and even though they had a profile, when the crew struck rock, they stopped. He said that hp knows that the channel condition is probably not a good channel all the way through and cannot carry th~ flows that ðrc cxpectcd of it. He said that the reports show that this channcl was never intended to drain the area; it is not a drainage canal. He said that a similar problem arose with SR 31, which is being four-laned now. He said that the channel was not designed to drain the area when it was constructed, however, it has been widened and deepened to accommodate the flows recommended in the Dist.rict VII Report. lie said that there were no problems associated with the control structure placed in that canal, even during the heavy rains and construction this year. He said that he favors the improvement of the channel relative to the Henderson Creek weir. Chairman pistor summarized Mr. Barksdale's statements at the request of Commissioner Brown by stating that he recommen~s accepting Mr. King's recommendation to take no action reqarding the subject weir; to observe the operations for the time being; and, if there is further problema, then, consider initiating those improvements outlined in Mr. King's report Identified as Condition IV. Chairman pistor further stated that he thought it would be a good idea to accept Commissioner Wenzel's suggestion and to have the staff look into increasing the flow in the channel, adding that he believes that this could take months. 800K 063 PACE 619 pag. 40 . _''''"''_''__'~'.~M'.'''.·' ,."....,___. .... BDOK 063 PACE 620 Septembor 15, 1981 County Manager Norman stated that he is not sure that anyone h~s defined what would be involved in studying the channel obstruction problem and requested that Mr. Barksdale quantify or qualify exactly what would be involved in conducting a meaningful study of the upstream condition of the channel in order to determine what effects any improvements made would have towards solving the problem. Mr. Barksdale stated that a portion of Mr. Smallwood'n study that is presently being conducted for t~e BCBB will quantify that matter and he thinks that perhaps that study could be expanded to include a profile of the channel bottom and cross-section of the channel all the way back, including the culvert restriction and a backwater analysis, from the I:Itructure to Alligator Alley. He said thut, at that point, it could be detcrmined what needs to be done to the channel and the pipes to provide the flows in the channel necessary. In answer to Commissioner Wenzel, Mr. Barksdale stated that this could be initiated as soon as the Board chooses to authorize it. Commissioner Brown so moved. (Motion died for lack of a second). County Manager Norman asked if this would n~t require a contract? Mr. Barksdale stated that perhaps tha County could work through the contract between the BCBB and the consulting engineer presently doing the aforementioned study. eounty Manager Norman asked for clarification that Mr. Barksdale would not be conducting the work himself and Mr. Barksdale concurred that he would not. The responsibility of such a study was discussed, during which Mr. Norman asked if this would not bo more appropriately the responsibility of the BCBB? He asked if this would be a joint venture between the County and the BeBB and would this be under the present contract with CH2M Hill? Mr. Barksdale stated that it would. At the end of the discussion Mr. Norman suggested that, if the main interest on the part of the Board is to pursue vigorously this analysis as Pac:¡ e 41 r~ '~ n¡,;,:.;·,;] . , ~ ........... '''''~''\...:~..~'~:-'':.;,,¡,'.... -., September 15, 19B1 described by Mr. Barksdale, perhaps Mr. Barksdale and Mr. Smallwood should be asked to meet with their respective Boards and that by next week there could be a definitive recommendation. Commissioner Wimer said that this depends on what is being defined as improvements to the upstream channel and noted that he does not want to get involved in making that channel a mbjor canal. Mr. Norman stated that his intent was to have an analysis of benefit to such a program being completed. He said that no work would be authorized without such an analysis and Commissioner wimer agreed. Mr. Barksdale agreed, adding that the aoard must consider the cost-benefits of such improvements. He asked to come back in two weeks w.th a recommendation after meeting with the DCBB and the consultants. Commissioner Brown so moved, seconded by Commissioner Wimer, that Mr. Barksdale discuss this matter with the consultants and the BCBB and make a recommendation to the Board in two weeks. Mr. Kruse stated that no hydrologist with any intelligonce or integrity would say that there is anything that can be done to the upper channel to increase the relative flow except to increase the relative head. He claimed th~t this can only be done by removing the subject weir. He said that, if the Commissioners do not vote to remove the weir, his organization will work with anyone interested in forming a class action suit against the County relative to the subject weir, the Cocohatchee control structure and also, if they deem it necessary, the Lely ear.al outfall structure. He said that his organization will also du anything that it can to help anyone who feels that his land needs to be filled to an appropriate height, noting that he considers · precedent has been set. Upon call for the question, the motion carried 4/1, with Conmi8sioner Kruse opposed. &OOK 063 PACE 621 Pef¡. U '-:: .'. -----_...._-,--- ""·":r~_-""""""_,· ~, ; ,,....r# .... September 15, 1981 ßOOK 063 rACE 622 RECESS: 12:15 P.M. PÆCONVENED: 1:45 P.M. at which time Deputy Clerk Davidson was replaced by Deputy Clerk Skinner. IMMOKALEE AIRPORT LEASE WITH DONALD RAGON'S DIESEL REPAIR SERVICE - RENEWED eommissioner Wenzel moved, seconded by Commissioner Brown and carried unanimously, that the Immokalee Airport lease with Donald Ragon's Diesel Repair Service be renewed. pag e U -----.. " , . BfI Ell IDI I·.· . . . ...._.__ _-0- _____. _. ....--......-. - ... .-.-. " September 15, 1981 RIVIERA COLONY GOLF ESTATES PHASE III - WATER AND SEWER FACILITIES - AeCEPTED utilities Manager Berzon explained that a portion of the Riviera Colony Golf Estates Phase III sewer line was installed at less than adequate grade but as a means of guaranteeing performance of the sewer, the developers are offering a Surety Bond in the amount of $91,800 for a pariod of no less than five years to ensure that the sewer will function properly. He said that staff recommends acceptance of the water and sewer facilities. Commissioner Brown moved, seconded by Commissioner Kruse and carried unanimousl~', that Riviera Colony Golf Estates Phase III water and sewer facilities be accepted; that the Chairman execute the Sewer Facilities Leas~ with Lely Estates, Inc.; that the Performance Bond and , ~ the following documents be accepted: A) Deed for the water facilities ß) Deed for the ~cwer facilities C) Results of pressure tests for the water facilities D) Bacteriological clearance from the DER E) Lab re3ults on bacteriological t~5ts for the water lines ?) A letter from the Engineer regarding the sanitary sewer system with attached as-built data and computations performed with a copy of the DER's approval of the sewer facilities G) Bill of Sale for the water facilities H) Bill of Sale for the sewer facilities I) Affidavit of No Liens J) Certification conccrning any contributions in-aid of construction K) Verification of final cost for the water and sewer facilities L) Up to ~ate list of customers and/or owners of individual lots M) A letter from the Engineer certifying that all underground utilities are located in the dedicated roads rights-of-way N) Contractual Guarantee for materials and workmanship for a period of at least one (1) year after the Boðrd of County Commissioners' acceptance for both water and sewer facilities 0) A letter from the Fire District accepting the ownership and maintenancQ of fire hydrants P) Sewer Facilities Lease 0) A copy of the inflow/infi1trati~n test for the sewer lines R) A letter from the DER certifying completion of project S) Performance Bond, 5 year period TU) Sewer Facilities Warranty,S year period ) One (1) set of as-bu1lt drawings sIgned and .ealed by the Engineer of Record ".,.,.. 063 'ACl 63 9 PAC¡. U __,_.._.., .."_ _..,'_...."'"'"..""__~"._"'.__~";".._,,,·_"'.._-..........""""w_ . ·. .. September 15, 1981 LITTLE HICKORY BAY CONDOMINIUM UTILITY EASEMENTS - ACCEPTED Utilities Manager Berzon explained the offer of utility easements upon which to place the water meter to serve the Little Hickory Bay Condominium which is off Bonita Beach Road. Commissioner Wenzel moved, seconded by Comminsioner Brown and carried unanimously that the two utility easements for Little Hickory Bay Condominium project be accepted and recorded. * ~-: 063 PAŒ6715 Pa9 e 45 t . ",1 ~--~" .-........--....--. ......-..<..._~,.- ~"...._,.- _.__,. ~~~","_"",~,,_, '0.""".'...·." ,.,,~'";~~""'~...._"___~___- ~ 063 PAc£68'l September lS, 1981 PORTER STREET WATER MAIN EXTENSION - ACCEPTED Utilities Manager Berzon explained that a wat~r main extension was constructed by the owner of some of the lots in Trail Acres, Unit 3 and it is being offered for acceptance for connection into the County's water system and staff recommends acceptance. Commissioner Brown moved, seconded by Commissioner Wenzel and carried unanimously, that the Porter Street water main extension be accepted along with the following documents: A) Deed for the water facilities B) Results of prcs~ure tests of the water lines C) Bacteriological clearance from the DER D) Lab results on,bacteriological tests for the water lines E) Bill of Sale for the water facilities F) Owner's Affidavit of No Liens G) Certification concerning any contributions in-aid of construction H) Verification of final cost I) Legal description J) Up to date list of customers and/or owners of individuals lots K) A letter from the Engineer certifying that the subject water main lies within the platted right-of-way L) Contractual Guarantee for material and workmanship for a period of at least one (1) year after the Board of County Commissioners' acceptance for the water faclitles paCJe U .' ~ IBI ~ ,...,:. -"""-..,....... "" ~.,...----.. , : ~'., . .. .., '.. II...~..... ~&pLember 15, 1981 WIGGINS PASS CLUB - WATER MAIN EXTENSION - AceEPTED Utilities Manager Berzon explained that the developer of Wiggins Pass Club extended an existing water main southward along the right-of-way of CR 901 for approximately 470 feet In order to hava water facilities available to serve Wiggins Pass Club and that staff recommends this extension be accepteC. He said the developers will have a one year maintenance for the pipeline. Commissioner Brown moved, seconded by Commissioner Kruse and carried 4/1, with Commissioner Wenzel oppos~d, that the Wiggins Pass Club water main extension and the following documents be accepted: A) Deed for the water facilities B) Results of pressure tests for the water facilities C) Bð.::teriolog iClIl c1e<'!rllnce from the DER D) Lab results on bacteriological tests for the water lines E) Bill of Sale for the water facilities F) Affidavit of No Liens G) Cortification concerning any contriuutions in-aid of construction H) Verification of final cost for the water facilities I) Up to date list of customers and/or owners of individual lots J) A letter from the Engineer certifying that all water facilities have been constructcd within the rights-of-way of CR-901 K) Contractual Guarantce for matcrials and workmanship for a period of at lcast one (1) year after the Board of County Commissioners' acceptance for the water facilities L) A letter from the Fire District accepting ownership and responsibility for future maintenance of fire hydrant M) One (1) set of as-built drawings signed and sealed by the Engineer of Record ÀU~ 063 'ACE 691. Page 47 JI - ~ - .. ----. --- --- .... --.... ... .. . .-.. --"-'-'-' - -- -_.- .._,-.... ...... ...- "-., ..' - '.' .~--- -, 'ow ,. ~. .__ &OOK 063 fACE 696 September 1S, 1981 WILLOUGHBY ACRES WATER IMPROVEMENTS CHANGE ORDER '3 - APPROVED Utilities Manager Berzon explained that the Willoughby Acre. project has been completed and that Change Order '3 deals with water !mprovementR which reflects the actual as-built quantities as contrasted with those which were bid at the time the project was first bid. He said the change is ð result of an additional hydrant ~hich was installed, some additional driveway and sod restoration work because the contractor had to jack and bore at the south end ent~ance. He said the total change is an addition of $10,540 to the contract. Commissioner Wenzel moved, seconded by Commissioner Brown and carried unanimously, that the Willoughby Acres Water Improvements Chang' Order '3 be approved. Pa9. 48 ~ ..,þ.J_~ __ ... ___.... . . '1,. ~ ....... IE rœI -..- v ~"_W"ß ---""'''''''''''-''''''''-''*'''''-''"'''''''''~-'-'~'''''''.'-' . September 15, 1981 , WILLOUGHBY ACRES SEWER IMPROVEMENTS CHANGE ORDER '2 - ^PPROVED Utilities Managor Berzon explained Change Order '2 on the Willoughby Acres sewer project which reflects additional driveway and sod restoration work resulting from a newly constructed house and an additional hydrant which was installed and jack and boring done. He said the net increase of the project is $21,972.34. He said a public hearing regarding the final assessment will be requested next week on the Willoughby ^cres project. Commissioner Brown movp.d, seconded by Commissioner Kruse and carried unanimously, that the Willoughby ^crcs Sewer Improvements Change Order '2 be approved. &OaK 003 rACE 6 '1 ? pag. U --. ...-....._. ~ ... . ~ . . ' .. .' .,.............---,..... ..----..-......, .... " l.: . 4~ ..-- "'-' -" ~ . .. -- .þ',..~. . Septemb~r 15, 1981 $40,980.68 CHECK REPRESENTING INTEREST FROM SHERIFF'S OPERATING ACCOUNT - ACCEPTED TO BE PLACED IN GENERAL FUND ~puty Sheriff Barnett presented the Board with a check in the amount of $40,980.68 which represents the interest from the Sheriff's Operating Account to be placed in the General Fund. Commissioner Brown moved, second cd by Commissioner Kruse and carried unanimously, that the Board accept the $40,980.68 check representing the interest from the Sheriff's Operating Account and that it be placed in thc Gencral Fund. RESOLUTION 81-207 AUTI10RIZTlJG COUNTY TO PAY FOR DEFENSE OF PRESENT AND FORMER COUNTY OFFICTALS IN LAWSUITS - AùOPTED County Attorney Pickworth explðincd a resolution he has drafted which would autr?rlze the County to pay for defcnse of present and former County officials by reason of their actions and scope of their official duty in lawsuits. He briefly explained the need for defcnse againzt lawsuits which ûre filed in Miami against County officials. eommissioner Brown moved, second cd bj Commissioner Wenzel and carried unanimously, that Resolution 81-207 authorizing the County to pay for defcnse of present and former County officials in lawsuits be adopted. &oœ 065 PACE 7Ol3 Pa9. 50 .. ,.' -.,.... - . . - -." ....._......'~._... BOOK 063 rACE70bPtember 15, 1981 ROUTINE BILLS - PAID Pursuant to Resolution aI-ISO adopted by the Board of County Commissioners on May 26, 1981, the following checks were issued through Friday, September 1, 19B1, in payment of routine bills: FUND CHECKS AMOUNT County Checks $1,327,770.51 $ 252,836.59 12286 - 12570 BCC Payroll 28339 27824 BUDGET AMENDMENT 81-161 TRANSFERRING FUNDS TO PROVIDE FOR PURCHASE OF WORD PROCESSING EQUIPMENT - ADOPTED IN THE AMOUNT OF $9,644 Commissioner Wenzel moved, seconded by Commissioner Brown and carried unanimously, that Budget Amendment 81-161 transferring funds to provide for purchase of word processing equipment for the County Manager's department be adopted in the amount of $9,644. Pa9. 51 . . ~ cœ ~ ...<~.. > :~. ....._~,. .r,., "')',At "'./f? J!T..,7..............-"""·-..-1I'''''''.·.".,_...,.--.'''-.....,...... '. I. t &OOX O~ PACE70gptember 15, 1961 RESOLUTION 81-208 AUTHORIZING ISSUANCE OF TAX ANTICIPATION NOTE FOR SEWER AREA "B", SOUTH HALF (EAST NAPLES) MUNIeIPAL SERVIeE TAXING AND BENEFIT UNIT - ADOPTED Following Chief Deputy Clerk/Fiscal Officer Hall's explanation, Commissioner Wenzel moved, seconded by eommissioner Brown and carried unanimously, that Resolution 81-208, authorizing iSDuance of a tax anticipation note for Sewer Area "B", South Half (East Naples) Municipal Service Taxing and Benefit Unit, be adopted. . f paq. 5~ . . :..~ . ,¡¡;;~~~:., ~ ."~" ~ E~;':"~:·' DEI 1- ',. " , , .' " ~A' ,. 'í,J;: -~..;. .~ j 'f , .; 11 .1' ,r .' ." .~ , . . . ~.. . soptember 15, 1981 RESOLUTION 81-209 AUTHORIZING ISSUANeE OF REVENUE ANTICIPATION NOTE FOR SPECIAL ROAD ASSESSMENTS FOR 1981 - ADOPTED Commissioner Wenzel moved, seconded by Commissioner Brown and carried unanimously, that Resolution 81-209, authorizing the issuance of a revenue anticipation note for Special Road Assessments for 1981, be adopted. . .- .. - &Qœ 063 PACE 1j5 P.g. 53 .. ... - .'.. .-- -...-......- ....~. .~. -..-........ . , "'." ---.~... ....." - ...........-, . -...._-~..._,._,.," ".. _. -'-"",,"'-";"'.,.-. .", ~.._.,....~..~. . '. -.-........ ... -......-.-... -......-.- ....-" Cøptcmbor IS, 1981 RESOLUTION 81-210 AUTHORIZING ISSUANCE OF REVENUE ANTIeIPATION NOTE FOR ~ELLY ROAD WATER ASSESSMENT FUND OF 1981 - ADOPTED Commissioner Wenzel moved, seconded by eomm1ss10ner arown and carried unanimously, that Resolution 8l-210, authorizing issuance of revenue anticipation note for Kelly Road Water Assessment Fund of 1981, be adopted. aoœ 063 PACE 7j ? Pave 54 . . . ,. ,.-..... " ~ ... - .........:' -.-.. '-,.,-. .. .'. ..... ..,.. .-. . , , ..' A I . ~ .. . .... _... . . September 15, 19B1 PETITION CP-81-6C, ROBERT REED, RE COMPREHENSIVE PLAN AMENDMENT FOR PROPERTY LOC~TED AT SW CORNER OF ~IRPORT ROAD , PINE RIDGE - TO aE RECONSIDERED 9/29/ßl Planner Terry Clark explained that on June 11, 1981, the Collier County Planning Agency considored petition CP-81-6C, filed by Robert Reed which requested D Comprehensive Plan Lðnd use element amendment csidcntial medium-high density to commercial for a portion of n 14, T49S, R25E, located at the SW corner of the intersection of AirPQrt Road and pine Ridge on a parcel of land consisting of approxi- I mately 11.6 acres, and recommended approval. He said the developers plan on submitting ~ PUD for 35 ðcres in the area, 11.6 of which will be commercial. In respons0 to a question by Commissioner Wenzel, Mr. Clark said that the density will be reduced in the overall use of the property. Commi!3!31oncr WiJ,H~r moved, seconded by Comml!3!doner Orown lmd carried unanimously, that pctition CP-81-6C, filed by Robert Reed, be reconsidered on September 29, 1901. BOARD ACCEPTS TIGER TlIIL OEACII WHICH DELTONr, CORPORATION HAS GIVEN 1\S FULFILLING TilE BEACH ACCESS REOUIREMENT Community Development Director Virta showed several overlays depicting the various proposed beach acccss points on Marco Island. Ho explained that an ordlnl1nce adopted in '976 provided that beach access points be provided every 1/2 mile along the Collier County coast from Marco Island to tho Lee County line. He said when the beach access ordinance was adopted, Mr. Jim·Vensel and representatives of Deltona Corporation were present at the hearings and discussed the fact that Deltona had dedicated Tiger Tail Beach and the residents beach and t~at they felt they had more than met the criteria of the ordinance and they felt they were exempt from the beach access ordinance. wox 063 PACE 723 PA9. 55 if- .. .-..............-.. ;",;, , ~_.. -------.....- n ' J . ;1 ~ '" , , , I ~ _'" _ . . _ _. .. ....... . o. ~o:¡x 063 PAct 724- September 15, 1981 Mr. Virta said that in 1978 Deltona Corporation returned to the CAPC to get site development plan approval for the South Seas project and that as a part of that project, staff asked that Deltona dedicate a 15 foot beach access within their site and at the CAPC hearing, Mr. ~ensel again made the argument that Deltona had more than met the beach access requirements of the beach access ordinance. Mr. virta said that staff at that time, as well as the CAPC, agreed with Mr. Vensel and made a recommendation to the Board of County Commissioners that the South Seas project be approved as presented without any beach access within the site. He said as a result of the Board approvi~g the South Seas project, the staff made the assumption that it was the Board's feeling and the CAPC's feeling that Deltona had met the requirements of the beach access ordinance and that no further access points should be r~~uired along the Marco Island beaches. He said this belief was held until this summer, when Commissioner Wimer wrote a memorandum stating he could not recall that the Board had ever waived beach access for Marco Island and after Planner Lee Layne researched the records and she could find no point at which the Board took action to waive the requirements of the beach acceas orùinance as it relates to Marco Island and De1tona Corporation's contribution. Mr. Virta said th..t since then a building permit has been issued for a project which is under construction and the Marco Marriott Beach Hotel has applied for several permits. He said he had asked that the permits not be issued. He explained that staff feels the beach access ordinance must be administered and that there are three "triggering mechanisms" for activating the ordinance, i.e. sUbdivision, rezoning and build i"9 permits. ···*··Commissioner Wenzel left the room at 2:20 P.M....--- County Attorney Pickworth said that the first question would be to ~9. 56 ~ .......... ŒJ SiB . 'n ~,,....... "P~~~JI~"""'. -,.-_,--... rJ l....JI la, -. ,",. -....¡ 70_",.1 1 A u_~ ~ .'.... J .~. ~-·.."'If·,....·,""'...··..·,·,,-·"'''''<,.,i, Goptombor 15, 1981 I~tcide whether or not the Board has waived beach access requirements i:~~r Deltona corporation. County Managcr Norman explained that the ~Màrco Marriott Hotel could provide a reasonable beach access in the ~", ~ form of a 10 to 15 foot walkway. He said the Gulfside project has apparently entered into nn agre~ment with property across the street to provide a 5 foot easement along the north line and a 4 foot sidewalk with a fence is being constructed in order to provide access for some of the landlocked condominiums to the east. Commissioner pistor said he felt the Board should refer to the pLragraph of the ordinance which makes provision for accumulating beach accesses into one piece and that since Marco Island is about five miles long' that would take 1000 fcet of area and tnat the 1/2 mile of beach which has been dedicated would seem to meet that requirement. Mr. Elbert D. Tripp, representing the Board of Directors of the Marco Island Taxpayers ^ssociation, spoke in favor of beach access being provided. Mr. lIerb Savage asked that the Board excuse Marco Island from the requirement of 100 feet every 1/2 mile for bcach access points. Mr. George Vega and Mr. Al Edney, representing the Marriott Marco Beach Hotel, requested that the building permits be issued for the hotel. Mr. Vega said the hotel representativos would be glad to meet with Deltona Corporation and the County officials to resolve tho beach access needs. Commissioner Wimer said he had no problems with issuing the requested permits but said he would like to see the parties involved work out the beach access needs. Mr. Jim Vensel gave a detailed history of Deltona Corporation's development on Marco Island and distributed the following information which Commissioner Brown asked to be included in the minutes. ~O:)K 063 mE 72S Page 57 ,. . ,.., _...r......... .. ...--..~._.~ ~_. -.- .".... '__"_.'_"H'_' ~_.,~.,,--------~....,---,... -- -"'._~'.-.,,'-. __.,_--'_-,,"~, ·t:" . , . , tOOK 063 PACE 726 September 15, 1981 1j. MAReo BE~CH FRONT USE ORIGINAL OWNERSHIP ,~' Little Marco Island Marco Island Rice Island Helen Key Total C)-,.mership ALLOCATED USE Location Little Marco Marco Island County Park Bayside Wa terway Development Residents Beach Development Kice Island Helen Key Miles TOTAL DEVELOPMENT DEVELOPMENT 3,981' 9,211' 13,192' 13,192' 2.50 miles <36.2\> 1,000' 16,961' l3,200' 5.290' 36,441' 6.90 mUes RECREATION 1,000' <100\> 2,619' 150' 1,000' 3.769' <22.22\> 13,200' <100\> <100\> 5,280' 22,249' 4.40 miles <63.8\> 6.9 ~1 x 2 x 100' ~ 1,380' Required by Ord. 76-20 Provided Required 23,249' 1,3801 ON MAIN ISLAND ONLY Prov ided f Required 16,961 x 100 · 2,640' . 16.85 times as much as required by Ord. 76-20 . 3,769' 1, 096 ' · 3.44 Times as much as required by Ord. 76-20 *****Commissioner Wenzel returned to room at 2:45 P.M...*..* ,', '.;1.,!. ~ t: ~t ¡ ~. if , ~:f ~t :;i ~. ~ :), . ". ::.:,~. Mr. Venael atated that Deltona Corporation agreed to provide approximately 1/2 mile of beach to be given to the County for the use .~ " ',<1 l c '~ . . ¡ t - .~ ... .. ........"" ,~ "I"""" _____..._ , - . ,....-._"..~ .~------,..,.. .,~""---- .- .' - Pðqe September 15, 1981 of the general public and that the residents' beach not be closed until such time a'Tiger Tail Beach was available to the public. . ******Commissioner Kruse left the room at 2:50 P.M.****** l".!. líVi (: "::10- ~... '~ County, as plUt Mr. Vensel described Delton~'s commitment to the DOT and eollier of their contribution toward the toll bridge, that the public beach, which is now Tiger Tail Bcach, would be immediately d.'ded to the County, that the Corporation provided 154,000 cubic f of fill and other contributions. He said in 1978 Deltona provided yards 4,000 yards of fill so the County could construct their initial parking lot at Tiger Tail Beach. He explained that in 1976 when the beach access ordinance was being considered, Deltona made a presentation and it was the general opinion of the members of the Commission that Deltona was not exempt from beach access ordinance but that the Corporation was considered to have more than complied with the intent of the beach access ordinance by deeding Tiger Tail and the residents' beach to the County. *****Commissioner Wenzel left the room at 2:53 P.M....... ·***·Commissioner Kruse returned to the room at 2:55 P.M...... Commissioner Brown mov~d that the Board accept Tiger Tail Beach which Deltona Corporation has given as fulfilling the beach access requirement in Ordinance 76-20. Commissioner Wi~er noted that the residents' beach is a private beach and Mr. Vensel said that any resident on Marco Island who pays the due, used to maintain the beach can USe the beach. There was a short d1.cussion regarding the parking spaces at Tiger Tail Beach. Commiss"fner Wimer said he felt it would be a mistake to waive the be~Ch aJless requirement from Deltona Corporation. *.~JÞ...........eommiS8ion.r Wenzel returned to the room at 3:10 P.M...... "ii.... ,lckworth said that Deltona Corporation's conveyance to , &OOK 063 PACE 711 Page 59 . ':"'- - -., ._~..'........- _.__...-~ .. ........- .... 063 PACE 7~~ September 15, 1981 ~oo.~ does not do away with the beach access requirements. Norman noted that the problem of allowing consolidation of -access into one area does not allow people to walk to the beach, ~., anð!j¡Wd he felt the beach access ordinance does not provide a un~fo~ burden to the privilege of owning property on the beach and does not distinguish between the size of property involved and the amount of obligation which people are expected to bear. He suggested that the beach ordinance be modified so that all beachfront property have an obligation to provide beach access. Commissioner Wimer noted he felt the County was derelict if it does not set aside beach access even if the land has to be purchased. After further discussion, Commissioner Wenzel seconded Commis- , sioner Brown's motion to accept Tiger Tail Beach, which Deltona Corporation has given, as fulfilling the beach access requirement. The motion cùrried 3/2, with Commissioners Kruse and Wimer opposed. THE POSITIoN OF ENVIRONMENTAL ADVISOR MADE A STAFF POSITION ~eommiSSioner Wimer moved, seconded by Commissioner Brown and w, J cal ed unanimously, that the position of Environmental Advisor be made a staff position and that the staff be authorized to hire a qualified person. ,IMr. Ted Below, EAC Chairman, spoke regarding his desire to see an ¥ Environmental Advisor hired who has a doctorate in Environmental Science in order for that person to be an expert witness for the County if the need arises. MESSRS. ROBERT M. COLE AND JOHN HENRY BOOM, SR. APPOINTED TO IMMOKALEE PLANNING AGENCY CommisBioner Brown moved, seconded by Commissioner Wimer and pag. 60 . . CII IIIJ iiiiI ,.1;;.., "-,,, -~~. ",,--·_,-~~,,""''-_R·''<_'_'_~'·''··''·*_'-_''''"-';';'_"~_;'''h''''.,~,..._...._""_____ :;'...,.............. it '. .', t' '" ",,:', · ~:" '. . "f : "~ I '. "'. . t-~ , ( { f ì f t i of' l i 1. ! " \ t" · t f . · "', }, ¡ " " ; ~ ,~ ~¡ I ~ 1 I ...~ . 1":'~'~'; . .i. Þ-ooa ~ ...... ., ''''0 0 > , ~'t04 't,,. . CJ ., '~e CJ ~'M" ;::~~ 'to4~c: .c.., 'to4...c:: :§:a :.s ..e't04 ~.t: ":;3 .. :'8 o Q.... . Co X., · ., ....... ..c:: .11.... ~ "'g~ !tIO~ ....c::CJ '-<........ .0.... . ~..':i,.. .......0 :I: Co '-< , ~ ~.~: '.::",' . ~." September l5, 1981 - :.; I ~ 1 ':. ~ ..; :' r .' .. ."'" .... , - _'"_1".'...: :-;~". :. ~ ..... ,,:',..þ' c...··!· carried unanimously, that." I essr:s. Robert M. Cole and John Henrÿ-ãõõin, ...... .. .. :. ~.' -.. . -,.,. - .... '..... ... -. . Sr. be appointed to, the Immokaleep!an!1~ng Agency and that the subject ~ . ...... ..... '; ~. :.:, ~ ~: :'::': ?:. ~,...,. f p. of ~n alternate be discussed at~. ;ater date. .. -. .- .. :-: ~. - _ ". .. ': ~ -, :. :- ':.;' (: :-:-- :- !:....: .-,.... c .. .: ,.....Commissi9,ne,r ~~nzel .left the room at 3:30 P.M.······- ------. ... _, .. 0" _. .. - .. . .. - - ,," .. .' . :. ': :.:. - - :-:. - :. :." -::-!.. :':". t MR. JOHN P. CARDILLO 1\PPOINTED ~s E-,C ALTERNATE AND MR. FRANK EDWARD'S AS FULL MEMBER TO EAC ,._, -, . '.,...., .. ... .. . commlssio~r Brown moved, seconded 'öy 'Commtssloner ,Wimer I!n..d.: ,.';:' ~ carried 4/0, with Commissloner'wenzei a6~~~t, t~~E'Mi~:John p~:C~r~illo be appointed as an alternate to'the ~Ac ~nd:Mt;;Frank Edwards_b~,m~~e..!~. full member to the EAC. ": ~ - .. .~ . . : - ,. ':' - ~- -..". ... . , \-.... f·... ::. .; :. ~ ~ : : - .. .. . - . - ,. - .. . "** .;'c~~ml as i 0 ndB'ro~~ î bÚ . the: rooÎnc. '0 1::3': 3~~ P;' M:. U. ~ ~~ ~:! -:.:.~, ~~: . . -..' . .. .. .. : ~ : ".:' ~ ~ ~ : .:- :-! ::' ::'';' : : ~~... : : ~ :... ......... CHAIRMJl.N AUTHORIZED TO SIGN CERTIFICATES FOR COhRECTION TO THE-''Í''AX ROLL . - .-. .. .. ". -: : :. ~: ::-= I I I ! 'Comml ssloner .Kruse moved, scco.nd.e:d by. c,o.mm.ls.s.loner Wimer and _. . ~. .. - ... -. '. :.' ~.'.;. :.:-: o! ... .. carried 3/0, with Commlss.ioncrs Brown and ~enze1.absent, that the' --. ... ~: z ... : ::':-. .....: . Chairman be authorlzed to sign the following Certiflcates for . . .... .. .. ; ..... !. : . - Correction to the Ta~ Roll: { .:. ...- .... ... - .. : . .,.. ...- ," ~ ,. 1 _I,. TANGIBLE PERSONAL PROPERTY NUMBER '{ EA R DATE ..~- , . : ~ ! : , ". '.1980-161-163 . 1980 ~(1~/81 !~::':! - '''0.... .. -.. .. .. - ... ... . EXTRA GAIN TIME FOR INMATES NO. 34501, NO. 37373, AND NO. 32395 - ^PPROVED ^S REQUESTED BY SHERIFF ROGERS .. - - .... - . ~',: Commissioner Kruse mO\l.cd., 8~~con,dcdbx. .c~~mis.~i_o.ner Wimer an'd" ~. ~ - . - .. ... 't carried 3/0, with Commissioners Brown and Wenzel absent, that 'Extra· . r. . .. ... . .. - .. ..:...... : : :- ~~. :-'. ,... Gain Time be approved for Inmates No. 34501, No. 37373, å~ð·Ño;·!32395, ... - ... ::. . . E .: :- ~ ~ ~ 1..: :- ~ ; t : : .:. ~: ~t! =. . a.- requested by Sheriff Rog."rs~ .. ' . .. ... .. -. .... ..... .....: '..:..: :.~~ t. ~: E-;! I:: ~: \...~ ':'.:~ :':.1. :-í!:: ~-:--.... .' ....-.:-. ___. ..., LEAVE OF ABSENCE REQUESTED' BY JÓHÑ~ H~ SALLE- FROM' 8/31/81 TO 11/31/81 - APPROVED .. ....._..:.: '.~' .. t, ....._.. Commissioner i\rµ;8e moved" seconded by Commissioner' Wh,'ei- ånd . . ',".', ~. ..: - ~ . ... :. ~ : : - '.-:- =-:-.',. ~. ... ':" - r c.rrieð 3/0, with eommissioners Brown.and Wen~.~ obsent, that John H. a~" O~iPA~£7i.~·· 19::,.. & Peg. '61 .; ,-",,"-- .-"".....,-.... .._.....~........ .....n ._.._... ........___.~_... _.""""""",-".,.,,- ."".__ ............ ,~,.____'v, Biological Assessment be accepted for the record. , 80DK 063tCE.73t> September 15, 1981 Salle.be granted a leave of absent from the Road and Bridge Department 8/31/81 through 11/31/81 a8 recommended by George Archibald and eounty Manager Norman. BIOLOGICAL ASSESSMENT FOR R~PRAP REVETMENT, eOLLIER MARINE, INe. FILE NO. 11-45099-5E - ACCEPTED " Administrative Aide to the Board Grace Spaulding read the BiOlOgiCal~~essment for riprap revetment for Collier Marine, Inc. Flle No. ll~99-5E. . Commissioner Wimer moved, seconded by Commissioner Kruse and . carried 3/2, with Commissioners Brown and Wenzel absent, that the above , , I t J,. '. h~ It' ~ , 'page '2 , . . ··".:,ß'~.::....:, ,"':, . .....' ',' t;'\:' .' ':~,~_: ::~, .. . . "fÞ"';:,; ',"#' ......-: \ ,.,;' . ... 4"" .'i1ì; . ,.iil......·.'..';.· .'. .~'... .. ....'" ..--....-.~.. .--. -'" -'.. ....,.,-.~--_..,.... ....~..··......'~~,,_,."",,·,'·""'^.4."'·"-,'..,·~___ --.--"-. ,~,... , I .. tJ ~ ..... BOOK 063 PACE 731 September 15, 1981 . ,~ CHAIRMAN AUTHORIZED TO SIGN BOND RELl\TING TO TIIF: COMMISSION OF MR. HOMER BETANCOURT AS A MEMBER OF THE BOl\RD OF COMMISSIONERS OF THE IMMOKAtEE WATER/SEWER DISTRICT . ' Commissioner Kruse moved, seconded by Commissioner Wimer and carried 3/2, with Commissioners Brown and Wenzel absent~ that the _. ~ --..------------- ----~--- ehairman be authorized to sign the Bond relðting to the commission of Mr. Homer Betancourt as a member of the Board of Commissioners of.the Immokalee Water/Sewer District. . - , - " : :.. ~ Page 63 . "'....... --, .. '~""" ~ c::=¡ F·,'"\",çv-;1 -' . IT" ~,_ --.-...--.. ,,,...-~ -. .-,..... ~...-....~,.......-.. . '-=or-- ßOOK 063 PAGE 73'~ September 15, 1981 MISCELLANEOUS CORRESPONDENCE - FILED AND/OR RP.FERRED There being no objection, the Chair directed the following correspondence be filed and/or referred to the various departments as lnd1cat~d 1 1. Letter dated 9/8/81 from William K. Fowler, DOT, enclosing a complete schedule for the design, right-of-way acquisition and construction of SR 951. xc Mr. Barksdale, Mr. Norman and filed. 2. Copy of letter dated ~/8/8l from John B. Cechman to Sheriff Rogers ðS notice of pending claim by Bnrbarð Ursin against Aubrey Rogers as Sheriff of Collier County. xc L. D. Robinson, Mr. pickworth and filed. 3. Letter dated 9/3/81 conveying Ochopec Fire Control District Advisory Committee minutes for 9/2/81. xc Mr. Norman and filed. 4. Copy of minutes of regular meeting of Naples City Council for 8/19/81. Filed. 5. Copy of letter dated 9/9/81 from Attorney General Jim Smith which is a response to Jacob D. Yarn's request for an opinion on "What is the proper disposition of excess funds in th.. Mr1rr:o Island Toll racllity Investment account held by the State Board of Administration?" xc Mr. Norman, Mr. [)¿uksdale ðnd filed. 6 . Pe tit ion r e c e i v e d 9/ 1 4,' 8 1 wit h 2 fi s i 9 n a t u res 0 f residents in the area of "Green Tree Center" (SW corner of Immokalee & Airport Road) requesting that the BCC vote in tavor of the proposed shopping center. xc Mr. Virta and filed. 7. Letter dated 9/3/81 [rom Willard F. Schade requesting information on the various connection charges in Willoughby Acres and the manner in which he mðy handle this by mail. xc Mr. Berzon and filed. 8. Memorandum dated 9/2/81 regðrding changes in Department of the Interior Rules regulating OCS Exploration and Development from State/Lvcal ÙCS Program. xc Mr. Norman, Mr. Virta and filed. 9. Copy of letter dated 9/8/81 to Mrs. Victoria Livingston from C. William Norman in response to her letter of 9/1/81 commending Mr. Kehoe and Mrs. Janie Butts for their dedication and faithfulness in helping to straighten out her problem in receiving widow's benefits. Filed. 10. Copy of amendment of Rule 25-17.51, P.A.C., Definitions page 64 ~ ........ c:=J c::J ,.."" September 15, 1981 of "Conservation Meðsures", Docket No. 810242-EU, Order No. 10270. Filed. 11. Copy of amendment of Rule 25-6.15, F.A.C. Location and Preservation of Records, and Rule 25-7.15, Location and Preservation of Records, Docket No. 810250-PU, Order No. 10269. Filed. 12. Copy of Public Servicc COMmission Docket No. 780723-TP, Order no. 10274 re extended area service between Estero and Fort Myers and betwecn Bonitð Springs and Little Hickory Shores to Naples. Filed. * * * * * * * * * * * * There being no further business for the good of the County, the meeting was adjourncd by order of the Chair - Time: 3:45 P.M. BO^RD OF COUNTY COMMISSIONERS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL \\ l, A ^.. DI STR leTS UN DER I ' /if ~L, .~ 1 ~S'1'UH, I ITS CONTROL ------ or ---t '.1 {/ !q CHA i ImAt~, . t" &OVK 063 rACE 73'> Pig. 65