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BCC Minutes 04/07/1981 R . Naples, Florida, ^pril 7, 1981 LET IT BE REMEMBERED, that the Board of County Commissioners in and for the County of Collier, and a130 acting as the Governing ba.'d(el et euah epeet.l dte~,t8~. .. h.v. be.n a,e.'.d .e.e'dt"~ ,. law and having conducted business herein, met on this date at 9:00 ^.M. in Regular Session in Building "F" of the Courthouse Complex with the following members present: CHAIRM^N: John A. Pistor VICE CHAIRMAN: Clifford Wenzel C. R. "Russ" Wimer Mary-Frances Kruse David C. Brown ALSO PRESENT: William J. Reagan, Clerk; Harold L. Hall, Chief Deputy Clerk/Fiscal Officer (2:15 P.M.); Edna L. Brenneman, Deputy Clerk; C. William Norman, County Manager; Donald A. Pickworth, County AttorneY1 Irving Berzon, Utilities Manager; Terry Virta, Community Development Administrator; Clifford Barksdale, Public Works Admin- is~rator/county Engineer; Thomas Hafner, Public Safety AdminiRtrator; Douglas Greenfield, EMS Director; Neil Dorril1, Administrative ^asIst- ant; Tom MCDaniel, Planner; Lee Layne, Planner; Jeffory Perry, Zoning DIrector; Grace Spaulding, Administrative Aide to the Board; and, Deputy Chief Raymond Barnett, Sheriff's Department. MDK 060 PACE57ï Pag e '1 I, " - - .--.-- -..------. '~._--- -_..- '.'.... -.-. ., . , . ,.I I "/' .," 7'" .\.....~..I"l-..\ .:, \ , ' .'~, " It,', J ~ " 4 :'~ ',,- '>-:r".:.- . , 40·........... .......-,.:..~'...."'.~ JIt. "....."'---'-_...--....,--_...."...".,~~"..,-,_...__..,.._,_.._,._<>;"-'''...,.........,.-_...~,,~,''''''-,........,,''''_~"......."''''''"'_.,....-..'''..,,~.,_~,..'~...^'~·<...,.,~.,"',·."'_o,...,,, · ,I" .' ..:....:.:~....~. '... .....&' ... .... ~ .II ..... ... ~ .. ... ... ~ .' _.....4....... _... _..._____........ aoox 06 0 PACE 51> Apr 11 7, 1981 ð-; .¡ ~GENDA - APPROVED WITH ADDITIONS/DELETION Commissioner Wenzel moved, seconded by CommissIoner Kruse and unanimously cnrried, that the agenda be approved with the following additions and deletion: l. Status of operation of County EMS - Added. 2. Discussion, regarding publication of 1980 Delinquent Tax Roll. - .~ ~ 3. Agreement for Interim Financin~ for constructIon of the Goodland Water System - Deferred for one week. 4. Presentation of ProclamatIon re "Child Care Week"- _ Added. 5. Board action regarding March billing for American Ambulance, Inc. - To be discussed in conjunction with Item .1 of ^genda Additions. PROCLAMATION ESTABLISHING THE WEEK OF APRIL 5 THROUGH APRIL 11, 1981 AS ·CHILD CARE WEEK" (ADOPTED 3/31/81) - PRESENTED TO REPRESENTATIVE OF SPONSOR Chairman pistor read the Proclamation establishing the Week of AprilS through April 11, 1981 as "Child Care Week", which was adopted by the Board in Regular Session March 31, 1981, following which it was presented to, and accepted by, Mr. Bernie Blackburn, representative of the sponsoring agency. OPENING COMMENTS BY CHAIRMAN Chairman pistor welcomed those members of the public -who were in attendance with the comment that, by attending the Board meetings, a better understanding is gained of what transpires during the sessions. He asked that attention be paid to the notice which appears at the top of the printed agenda to the effect that all persons wishing to speak on any agenda item must regIster prior to speakIng. Page 2 ,'-. .~""~~-''''''--'-'.'--'- .-.... ........."... ,. " ~""""'_..JIII",..~ . ..-, ....."......_~_.:., .'. _-.._...... _ . / ,; '. -'- '..... '. .\..,,,,,",,,'-,, ·""'·..,......,"','.'"..."',"._'..·F""'~'.."".."_'......__,_"'.~__,...~=-..., ',""""""''''''''0'.,," ._,.."".._.......'.,"'...,., '," ~;¡. - ~ - .... ~ . ,. .:.-.;;"..:..:..'''':......, , .v~r~1u4..·~- .. .... -" " .\ ....._.....-.....~ April 7, 19B1 RESOLUTION 81-86 RE PETITION BD-81-IC, COLtIER M~RINE, INC., REPRESENTING BILL Ct~RK, REQUESTING EXTENSION OF BO~T DOCK ON PROPERTY ~OC~TED O~ ISLES OF CAPRI - ADOPTED Legal notice having been published in the Marco Island Eagle on March 26, 1981 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition BD-8l-lC, filed by Bill Clark, represented by Collier Marine, Inc., requesting an extension of a Boat Dock up to 26 feet located on a man-made canal adjoining Johnson Bay, more specifIcally described as being on tot 157, Island 2, Isles of Capri. Planner Lee Layne read from the Executive Summary dated March 20, 1981 the criteria upon which the recommendation for approval of the request was based, pursuant to the public hearing held by the Coastal Area Planning Commission on March 19, 1981. Commissioner Brown moved, seconded by Commissioner Wenzel and unanimously carried, that the public hearing be closed, there being no persons registered to address the issue. Commissioner Kruse moved, seconded by Commissioner Brown and carried 4/1 with Commissioner Wenzel voting in opposition, that the recommendation of the staff be accepted, and that Resolution 81-86, with regard to PetitionBD-81-IC, be adopted. ~DDX 060 PACE 517 . Pa9- 3 ( ~ r) . ~,P~I~,~ ~:,~. \n ,- -:"'.." -.----.-.. . ... --.....--- w-;.---.---...-- -,.---_...__ ':'~;:. 'C" .. -~..'- , ~', '~t . ",., . 'f \_" '. ~'----""-'·"''''·-''~·-'-''''_---''--<·,--__..1 -,-,...""".....-.""'".,........"""......."" ·_p~"_"~·,·.">..H,,.- ,.·,""w,,,.,.,....'...._·.,,..,,~,~,,, ".'~' < .~!.. . ',~I ~(;. . }t., -------..._..._.....---~. .... _.... ...-..... .. . &OOX 060 PACE 500 April 7, 1981 PETITION FDPO-8l-V-2, GEORGE CALDER, REQUESTING VARIANCE FROM THE MNIMUM BASE FLOOD ELEVATION REQUIRED BY FDPO FOR CERTAIN CHOKOLOSKEE . ISLAND PROPERTY - DENIED Legal notice having been published in the Naples Daily News on March 22, 1981 as evidenced by Affidavit of publication filed with the Clerk, public hearing was opened to consider Petition FDPO-81-V-2, filed by George Calder, requesting a variance of 8 feet National Geodetic Vertical Datum from the Minimum Base Flood Elevation required by the Flood Damage Prevention Ordinance on property described as Tract D, Lot 2, Smallwood's Subdivision, Chokoloskee Island. Planner Tom McDaniel explained that the petitioner owns two adjacent lots on Chokoloskee Island, one of which is vacant and on the other is the petitioner's existing mobile home. The reason for the varillnce request, said Mr. McDaniel, is to permit the location of a mobile home on the vacant lot to house the couple who are providing aid and assistance to the petitioner who is seriously ill. He said that the couple's current residence is in a mobile home on a rented lot in Chokoloskee which is beIng sold to facilItate the construction of a residence. Mr. McDaniel stated that there are two problems .- 1) The property iR located in a velocity zone which, under the ordinance, does not permit mobile homes at any elevation; and, 2) The property is surrounded by structures which have been eleváted, referring to the sketch included in the Executive Summary dated March 9, 1981 to locate the subject properties and the type of exist{ng buildings. The Planning Department has received calls and letters from several of the neighbors, said Mr. McDaniel, expressing their disapproval of the Fag e 4 .........",.---. _.._.10_,......_ . " -------.---/",. ~.- 1" - ,-.~;-.7 .:. .~:~~,f.ì~~J~·(i ,: ..', "'"~''''''' ...w..........., , ......- -.I.....""'" , ·'·:'f:.·- . ',- .,. . ' ..... .,....,~~"._"'._,.......,...."""'".....-.~-_..;""""..._"....'."..__..~,.....,,"'-."'._""'.___."""'""",., ,i."'...........;,__."_..__;~_'"'_"...""'_._-....,.__..."'-_'''''-'_..__,__~'''''_,......___.._"_""",",",' . ' ·~~~~n~"""'Ioi'Þ.-wt"'~~""~NJÑI . ' :-~... .. ..J,'.,.. ',' _ _., ,#')~.t~:J-::~~~.~4Vr:t::':"'~,"~'\"Wij"'~' . . ,...._-:. .,._.";...._,.....:t_.,~~~,,~¡.'.,.. ,',".--..-....,_.. .'. . .....f.., ..., ~¡ J ~; , .',.::...~,~".. .~~ " '., ,...~..'. ' .' ~~~t~~~....:·~ ~I ¡.~.~:.~':¡;.....; " " , ., -- ."___-, .... ..a._ ........- '.'" ___......, April 7, 1981 ...,.......~--..-q¡a~ ~ .. petition due to their concern that, to permit a mobile home at grad. level, would present a hazard to their homes. He said further that ther~ is no provision in the ordinance for personal hardship, noting' that there is a built-in variance which provides for property hardships based on peculiarities to a particular piece of property but not for physical disability. For all of these reasons, Mr. McDaniel said that the staff is recommending denial of the petition. The petitioner, George Calder, spoke about his physical impairment and emphasized his need for assistance. He also pointed out the fact that 95\ of the Chokoloskee community is housed in mobile homes and the addition of one more would be of no consequence. To describe the site and the existing buildings, Mr. Calder submitted for the record a series of pictures entitled "Views from proposed site of proposed mobile home on grade" marked by the Clerk as "Exhibit ~". A possible solution suggested by Chairman Pistor was to place ð time limit on the variance, if granted, with County Attorney Pickworth advising that such a limitation would seem to be enforceable if there is a sound reason for such imposition, adding that, because it is ð mobile home, there is ð difference. He said that if the variance was " for a pe~manent building it would be unlikely that the owner could be forced to tear it down following the expiration of the time period. In response to Chairman pistor's observation that the building .' , could be placed on pilings and relieve further concerns, Mr. Calder said that the appraised value of the mobile home, due to its small size and considerable age, is $2,000. The cost of placing it on piling would exceed $6,OOO,which would not be a feasible solution on ð temporary basis of, for instance, two years. Co~~issloner Kruse ~oox ,060 PACE 58{ , !'rv, ,"",..", ". .\.:.ç.J ___~________.._________.___.__._... __. :~::.~:~,,:::../}·.ÚI:., )'~<¡::~,..,;__:, ~;.,~.' , ,..\':", ~;: :.;.,~~,; '. :'::", <e::. "', ,....,~~, ,.,"'":": A"~"L.,.l, t(,l~"'·)r~t..~...ÞO:' ....,\;o.,_._..~ .~." .' ~ .!"'.:.Jt.Jd"·:'µ.+;'.~Þ:~f' r.....- <I .';;J" ...~~ñt" Pa9- 5 "'-""""--'--~"""''''''''----'--''-----'-'''''''-'''''---',"."-~,-,,~.","_......,-.""..^"<,.'~_..,.- ,.,,"'~_.,.,,'..,.-~,._,",'..'~. ,--" .~~"~~"". ~,..J.." .: "~"'-:~""i"~":~.~';:* . ~-,' ; \ ." . ..,~ }~~I OJ . ..,'."%'~:-:...~ : -:".. __-....~__._..__..~____ t....__.......-.-.~..\ . .. ·t~· ~'. "..~,.;~...::!¡;.' ".f.A,: ," ... '.' . 1'. .iiI:. ' f MCt 060 pÄcE582 April 7, 1981 inquired if the building in question is the..size of a mobile home or a . travel trailer with Mr. McDaniel responding that it is more in the nature of a travel-trailer. County Manager Norman said that it is his understanding that the pertinent ordinance prohibits mobile homes of any nature. There were no persons registered to provIde input into the hearing, whereupon Commissioner Wimer moved, seconded by Commissioner ¡;,~ Wenzel and unanimously carried, that the public hearing be closed. Commissioner Wimer moved to grant a temporary permit for a mobile home to Mr. Calder - specifically, a personal variance for him for the purpose of housing persons necessary to care for the petitioner - for a two-year maximum period. Commissioner Brown seconded the motion which failed 2/3 with Commissioners Kruse, Wenzel and pistor votIng in opposition. Commissioner Brown inquired if there are any steps which could be taken in order to provide some kind of assistance to the petitioner, commenting that he based his vote on humanitarian reasons. Commis- sioner Kruse suggested that, perhaps, the vehicle could ba located in one of the several recognized parks on the Island which are not subject to the ordinance. Mr. McDaniel explained, in answer to Commissioner Wenzel's query concerning whether or not mobile home parks are exempt, that the existing parks are "O.K.", adding that now ~ould be a good time to investigate the possibility since the tourist season is coming to a close. Page 6 ... ... y~".~__~.",_"_.__.,,.",,!,-____"_"" ....··.'_.r_......''''' ~__._.,_".....__. . ,.,- ,..... . .~ ".^'_,._.",....,"",""",,",.._...,'"_...__,'_....'__..~.__,__,,__~,_·_..,,_·,""""'_,,',H.''''....'_'",',,·~'""·,,·-,··- ),Ht::;>·, '.~"c.,. . .·~¡...wolllfltlH", t't:I"k,' ,a. .~.,.,,, .tt.:;&.1,1:..,,-¡.ø._,c.,..!' . '~''''f~' .'1 :..'t ~ :.:.~~~ " "....;.¡pò"', .......... '-... ..:.,~. --". - .., - -.. "'..' . -.. -.--..-...-- 1\pril 7, 1981 RESOLUTION 81-87 RE PETITION FDPO-81-V-3, WILLIAM J. RYAN, JR., REQUESTING APPROVAL OF VARIANCE FROM MINIMUM BASE FLOOD ELEVATION REQUIRED BY FDPO FOR BONITA SHORES PROPERTY - ADOPTED Legal notice having been published in the Naples Daily News on March 22, 1981 as evidenced by Affidavit of publication filed with the Clerk, public hearing was opened to consider Petition FDPO-8l-V-3, filed by William J. Ryan, Jr., requesting approval of a variance of 1.5 feet from the Minimum Base Flood Elevation required by the Flood Damage Prevention Ordinance on property described as 528 West Valley Drive, Bonita Shores. Planner Tom McDaniel explained that the requested variance is for the purpose of building a home at existing ground elevation between two existing grade level homes. As noted in the Executive Summary dated March 4, 1981, it was pointed out by Mr. McDaniel that the owner has been notified and has acknowledged by letter that the granting of the variance may have a significant effect on the cost of obtaining flood insurance. Due to the fact that ~he FDPO specifically permits granting a variance under the circumstances detailed above, Mr. McDaniel said that it is the staff recommendation that the variance be granted. There wer& no persons registered to comment on the subject, wheroupon Commissioner Brown moved, seconded by Commissioner Wenzel and unanimously carried, that the public hearing be closed. Commissioner Brown moved, seconded by Commissioner Wimer and carried unanimously, that Resolution 81-87, with regard to Petition FDPO-8l-V-3, be adopted. \, ßOOK 060, PACE 583 pag e 7 i-___ .-_. .:ø:~f..;---~:;:~~· ----.7----- ..._--...... ..--........._..a._.___ ~ ...~- . " .:,{ .- ,.~'~~.;, . : . t· .;..<,~:; 1, ~;!\~~¡:; . .......1..,:;'"'.:.,...) ."" ----.---.-.- ." .. . . .... .. . .. .. .... .... - .. ~a( 060 rAcE596 April 7, 1981 ORDINANCE 81-16 RE PETITION NZ-81-1C, CORAL RIDGE-COLLIER PROPERTIES, REQUESTING AMENDMENT TO THE PELICAN BAY PUD TO ALLOW FOR ATTACHED SINGLE-FAMILY HOMES IN GROUP I AREAS SUBJECT TO SITE PLAN REVI£W _ "'POPTED Legal noti~e having been published in the Naples Daily News on March 19, 1981 ~s evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider petition NZ-8l-IC, filed by ~oral Ridge-Collier Properties, Inc. requesting an amendment to the Pelican Bay PUD to allow for attached single-family homes in Group I areas of the Subdivision. Planner Lee Layne informed the Board that the Coastal Area Planning Commission held their public hearing on March 19, 1981 during which it was pointed out by the petitioner that the subject units would be placed along water-management areas, lake areas, park areas and other non-residential areas, and that therc would be no increase in density, height or traffic in those areas. The petition, said Ms. Layne, is recommended for approval. Mr. Charles Turner, Planning Director for Coral RIdge-Collier Properties, advised that it is felt by the developer that the amendment is a necessary addition to the PUD in order to allow flexibility in certain of the areas. He said that these types of units typically include common architectural themes, individual privacy walls between the units, special landscaping and berming, and the like. Th~re will be a Site Plan review, said Mr. Turner, and commented that the PUD provides for certain adjustments under such review such as setbacks, building separations, and so forth. There being no registered s~eakers, CommIssion Brown moved, seconded by Commissioner Wenzel and unanimously carried, that the Page 8 ---........---....-....--- ...-.-.... - ......... -....-...,...--___......p ......_ ____r--.4. , '- ..... .··..w......"'. ,,-~~,.,.-'".,-, ,..,<' .,..,.""'''''~......";''''''><_.......,,_,'''''.__,.,..._.,,..._.,';."...''''_.,," ",'" ,..""'''''''__"'',_''.;"..."..,,'".,....,....,.'''''','"....,,~. ,-n."",,,,,,,.,,,,,,,,,,,,,; ,.~._,;.;."~~"-,,,.."..-."';----.....,..._,..,,.~ "'·,··'·,.,.'^·"._"..M__,_..._,~"~"~.,~,,,...,,.,,.""_. ,..,.,,-. ,--~....- - . -~~ -s .:I .~-._ .._.·i ~ ~...-.._,...,.",...,..,. ...... April 7, 1981 public hearing be closed. Commissioner Brown moved, seconded by Commissioner Kruse and carried by a unanImous vote, that the Ordinance, as numbered and entitled below, pertaining to Petition NZ-81-lC, be adopted and entered into Ordinance Book No. 12. ORDINANCE 81-16 AN ORDINANCE AMENDING ORDINANCE 77-18, THE PELICAN B~Y PLANNED UNIT DEV~LOP~ENT DOCUMENT, BY A~ENDING SECTION IV TO: PERMIT ATTACHED SINGLE-FAMILY DWELLING UNITS; PERMIT REDUCED ~INIMU~ LOT AREA, LOT WIDTH AND YARDS AFTER A SITE PLAN APPROVAL: AND PROVIDE AN EFFECTIVE DA T E . PETITION R-79-12-I, HANCOCK AND WARDELL, R~QUESTING REZONING FRO~ "I-MF-l" TO "I-MF-2" ON LOTS 8, 9, AND 10, BLOCK 15, NEW MARKET ßUBDIVISION - DENIED Legal notice having been published in the Immokalee Bulletin on March 5, 1981 as evidenc~d by Affidavit of Publication filed with t~e Clerk, public hearing was opened to consider Petition R-79-l2-I, filed by Hilda Y. Hancock, Arlene Hancock Wardell, and Robert Lynn Wardell, requesting rezoning from "I-MF-l" to "I-MF-2" on Lots B, 9, and 10, Block 15, New Market Subdivision. Zoning Director Jeffory Perry explained that tho petitioner is requesting the zoning change in order to permit the construction of a fourplex on each lot. He noted that the request was originally filed in August, 1979, and heard before the Immokalee Area Planning Commission on September 26, 1979. t A final hearing was to, be scheduled before the Board, continued Mr. Perry, when it was discovered that the proposed rezoning would be inconsistent with the newly adopted Comprehensive Plan and, therefore, the petition has been pending until '~- .-... ! '.' ,~\¡~' if¡' t· :~;:~i:::¿:' ;', ~'. ,"uti tf r;,t. 'BOOK 060 PACE 587 PlIg e 9 ,.., .~.,",;-', ..",~ """-'''''''''~''''''''',,,,,,~·'''''~q''''';''~'''''·'''''''''''''~''·_'''_'''''''G' ,~..»".., ,-, ._, """"~'''''',__;___-....,. ....,~·""..w"""..".",""..."',,....,_""_..,'" .....ú"'.,.,,,_,.>....,~.,',.," "~~~C/ii "~.t, . ..., I ' ,., ~, , ...... " . ,. ..... if:. ···)-,t~,;i-":>, : " . ~"i,.' T ' f ~ TAlI:, ''G' ......:.'...:.- ".,-.::' , '. &OOK 060 PACE 588 hprll 7, 19tH a plan change is approved. Mr. Perry added that the existing "I-MF-l" District will only permit single-family and duplex-type construction. The IAPC's recommendation, saId Mr. Perry, is for approval. Mr. RobertL. Wardell informed the Board that the main reason for the request for rezoning is to fulfill a recognized need for middle- ,~ class housing in the ~mmokalee area. He said that, since the new plan ~~:'.' .' <;"i:,was adopted, there is a ceiling of 13 units per acre, noting that the property involved consists of 3/4 acre, and, although the original request was to build a fourplex on each lot, the owners are willing to reduce the proposal to 3 units total on each lot. The intent, said Mr. Wardell, is to build CBS structures which will improve the appearance of the neighborhood and increase the property values. He reported that he spoke to all of the neighbors who would be affected and that most of them said they would have no objection to the plan, pointing out that no one has contacted him since that time to voice an objection. Ms. Leola Williams. resident of the adjacent property to the site in question, told the Board that she was not notified of the first meeting of the IAPC held in Immokalee until after the meeting was over. She explained that she disapproves cf the petition being granted because she is desirous of keeping the density residential as it now exists. Ms. Williams submitted letters of objection to the rezoning from Stephen o. Whidden dated April 6, 1981, and frem Estil E. J. Null, alsa expressing disapproval of the hearing being held in Naples when, in fact, the property in question is in Immokalee. Mrs. Joel E. Canova, Sr., affected property owner, voiced concern over the rezoning due to the possibility of lowering the property values of the surrounding area, as well as the creation of additional page 10 -- -.-'-.-- .' ... -..- .......:... .. ".._ <40....._.. '- ..._""...,,,,_",._t-......_,,, ...._",..,.;."....... "'","_".. -:- '.. ~~.. . .: /I. .·/~· " . . -......~_....- ^pril 7, 1981 traffic hazards. She, too, commented on the lack of notice regarding the hearings on the petition. Chairman pistor asked for an explanation regarding the subject notices, pointing out that there is a policy whereby every property owner within 300' of a proposed zoning change would be notified. Mr. Perry said that he has a list of the letters sent out relative to the first meeting; however, since they were not sent by Registered Mail, th~re is no guarantee as to whether or not they were received. He said that he, personally, handled the list for the hearing this date and that notices were sent to the addresses as listed on the Tax Roll, pursuant to policy. Mr. John Brister, affected property owner, acknowlerlged that he had received a notice and called to the attention of the Board the minimum lot size required under the Zoning Regulations for a multI- family residence of four or more units and the necessity for additional footage which would be required. He suggested, if the zoning is changed, that there be a stipulation imposed that restricts the buildings to three units and not four. There wer~ no further speakers registered, whereupon Commissioner Wenzel moved, seconded by "Commissioner Brown and carried unanimously, that the public hearing be" closed. Commissioner Brown moved that the staff recommendation be accepted and Petition R-79-l2-1 approved. Chairman pistor secl>nded the motion. ~ Upon call for the question, the motion was defeated 2/3 with Commis- sioners Wimer, Kruse and Wenzel voting in opposition. . RECESS: lO:OO A.M. until 10:lO A.M. 800X 060 PACE 5a9 patJe 11 &OOK 000 PACE 5OC) April 7, 1981 ORDINANCE 81-l7 REPE~LING ORDINANCE 78-12, AND RESOLUTIONS CWS-BO-7 AND 79-8, AND ESTABLISHING A SYSTEM DEVELOPMENT CHARGE FOR CONNECTION TO SEWER SYSTEMS OPER~TED BY COLLIER COUNTY - ADOPTED Legal notice having been published in the Naples Daily News on March 19, 19B1 as evidenced by Affidavit of publication filed with the Clerk, public hearing was opened to consider a proposed ordinance with regard to the System Development Charges for conneçtion to the County's sewer facilities within Sewer Area "A". Utilities Manager Irving Berzon expanded briefly on the information contained in the Executive Summary dated March 26, 1981 on the subject, pointing out that the current charges for connecting to the County's sewer facilities in Service Area "A" are not adequate to meet the proposed expansion of the treatment and transmission facilities. The consulting engineers are presently developing the expansion plans for the subject Area, said Mr. Ber20n, and have estimated that the cost of the improvements can be met by increases in the System Development Charges, as detailed in the Summary, noting ~xamples of proposed changes. No persons were registered to speak in support or in opposition to the ordinance, whereupon Commissioner Wenzel moved, seconded by ~ommiEsioner Kruse and carried unanimously, that the public hearing be closed. pag e 12 .t_'Þ4.... .,~fr~. ........ ~........__..._~......~ . '... '. r -._~.. .-._......,.... .......- .. -.,..._........... .t.,,,,_... -r.'''·-· .I ·.·~·,,7 :~I~~: .,f¡>I.~¡':, ' . . t ~'..' ''',-. .....- ......._--~-_..'._;-- ". "."..".._-",,,,,,,,~,........~,,._~...,"""""~,,-,,..,-, \~ " .- ø .....,..- ..---a.t.. f 1 1 ,.' l\pril 7, 1981 Commissioner Wenzel moved, seconded by Commissioner Kruse and unanimously carried, that the Ordinance, as numbered and entitled below, be adopted and entered into Ordinance BOOK No. 12: ORDINANCE NO. 81-17 AN ORDINANCE ESTABLISHING A SYSTEM DEVELOPMENT CHARGE FOR CONNECTION TO SEWER SYSTEMS OPERATED BY COLLIER COUNTY, FLORIDA; PROVIDING FOR ANNUAL REVIEW; PROVIDING EXEMPTIONS; PROVIDING FOR REPEAL OF ORDINANCE 78-12, l\ND RESOLUTIONS NO. CWS-80-7 AND CWS-79-8; PROVIDING FOR CONFLICT AND SEVERANCE; AND PROVIDING AN EFFECTIVE DATE. BCC ACTIONS RE AMERICAN ÄMBULANCE, INC.: "TRANSITION OF SERVICE" AGREEMENT (APPROVED 4/4/81) - RESCINDED; Dl\VIS BOULEVARD PROPERTY LEASE (APPROVED 4/4/81) - CANC~LLED; FURTHER PAYMENTS TO THE FIRM - DEFERRED PENDING RESOLUTION OF ALL MATTERS IN QUESTION; AMERICAN AMBULANCE CERTIFICATE OF CONVENIENCE AND NECESSITY, AND EMERGENCY MEDICAL SERVICES PERMIT - DECLARED VOID Prior to addressing the Emergency l\ddition to the Bce Agenda of April 7, 1981, as prepared by the Chairman, and which pertains to American Ambulance, Inc., Commissioner Wenzel took the opportunity to express his gratitude to Chairman pistor for his dedication to the service of the public during the previous weekend at which time he was faced with "trying" problems, such as the sabotage of equipment, missing equipment, and the like. The Chairman, said Commissioner Wenzel, "kept his cool" and made certain decisions with which he Is In agreement 100\. He congratulated Chairman pistor for his actions and reiterated his support, extending his appreciation to the various staff members for their help and dedication also. Commissioner Brown inquired about the "momentous" decisions which were made, suggesting that, perhaps, he should have been called and been made aware of them. He asked that the record reflect his state- ment that "I shall not stand for anyone to usurp my power". '. ~oox 060 PACE 591 Page 13 . 0. t, ~,~>,.,.".,._>.",,,,;,,,.,..u__,,,,".<,,,,·,,,,.=,,,-,,,__ __...._~__...__..M...<_""e'_.."...¡¡--_.....----"..'"......·_"'.'"·..." .._.._.·_..."".,·.·"'u,,.,,·~·^ .~~.. # ~., ~..' ·~·,¡,¡¡t..oo'_''''··_··''''-·~·\''~rJ'::·~''''''''-' ~~~;;.".~.~....."':~:~"~ . A"'~ ,,""¡~V-~r:t..-;1~-r...·":"t(~~/:t."7":" :..~:::: .,~~, ~~ 1 '.~~'" ·".~.:·_.·,,··lJ,..::,,·.r" " . "t;.... '",,' ,....'. .."-" oi.:'/ .,> ....1,. .. I.'~'~"'J'." ........,.0")'''' ',. .....::-..~''>., .', __.~t:.~·t~yt~~1'""::·..' .\ ';"'\,~.- .~~~;~~':~"""""-"" '.~... ! ' ~.-.:" ... r 'r .-....:-. . r' " , ro- .. .;.: _ .... _ .... -~ ..-..-.....-.-. . -------.---..-.--. --_..-...__..._~._, . ~~~x œo PACE 592 April 7, 1981 County Manager Norman reviewed briefly the recent events which have taken placo with regard to the 'transition of the responsibility for Emergency Medical Services for Collier County from the private firm of American ^mbulance, Inc. to the County. He commented on the Board actions which were taken in Special Session April 4, 1981 which Included the approval of certain Agreements and a Lease in order to facilitate an orderly transition as of Midnight on Sunday, April 5th. He said that his report will deal with certain events that occurred during the course of the transition and how, iD the judgment of the staff who participated, they bear on the Agreements entered into. The report, explained Mr. Norman, is dated April 6, 1981 and is entitled ·Violations of Agreement and Lease between American Ambulance, Inc. , Collier County dated April 4, 1981" and that, attached to the Report, are two pages from the "transition" Agreement which are pertinent, specifically Paragraph 3 on the first pag0, and paragraph 8 U~ the third page. Mr. Norman read Items 1 through 6, as contained in his "report", expanding briefly on each of the items, concluding with the statement that the staff is, of course, prepared to document and go into more detail at the appropriate time. He concluded his report by reading the staff recommendation, as follows: That the Board of County Commis- sioners treat and declare the agreements reached on April 4, 1981 (lease and "transition of service") as having been breached by American and inasmuch as the county did not receive the consideration for these agreements, in the form of a smooth and orderly transition, that the Board declare that it is no lon~er bound by these agreements. Mr. Norman added that a supplementary matter which was just Page 14 "'If~_",J..IJ'~,. .T.~~. ,!'.t1~.:' ' ,.?-:" "~~:Æ~i~~:,.:::,,--'"- ~.....~~~t.:}"'"":!'·.i'" -,----- ..... T' " - . . :~ f ~~.' .... .. "....."....._.....___ .,._"~~",..".'.H"'_~..,".,'___"............'" .......-,.-----.-,- .._"..,_........_-"'"',._---,,'_....,-"-,....._,""."'.~..;."',._""_.~ .' . . . -. . . J:~. . ',.' "f i,po ...... .·l". . .. .", _. ..~~>J#OI,~'''''"'~~';"'' '" .. .' ,. ...:;r:"'T'.... ,'.! .' '-~-¥." '~'., ~._". .' ",. . ,":".... ."u. ,.,,_ " -.. . ',-",-, 4 ;~ <. ..1; ",,,: .. ~~-_._-_... .. .......-- ...... - - -----. April 7, 1981 completed late Monday, April 6th, and which has not been totally analyzed in term3 of the potential costs, is the report of the evaluation of the mechanical condition of each ambulance unit which the County assumed possession of as of Midnight on the day of transition. He said that the mechanical condition is more serious than it was previously thought to be - many of the deficiencies can be easily rectified, but there are many more serious problems. It was felt, continued Mr. Norman, that the Board might want to look over the subject report, when acting on the staff recommendation with regard to I the agreements, and when the matter of withholding the March payment is considered. commissioner Wenzel moved that the staff recommendation be accepted. Commissioner Kruse seconded the motion. At this point, although not having regi5tcrcd, Mr. Jack Maguire, of American Ambulance, Inc., was given the opportunity to address t.he Board. Mr. Maguire said that he was not provided with a copy of the materials which have been furnished to the Board; however, he has ... "jotted" down some of the "things" that have happened, which he listed as follows: 1. 12:01 - Entry peacefully. In his observations, and what he has been told, Mr. Maguire said "We were swarmed over at our office long before l2z0l". 2. Buying Property Mr. Maguire said that it is correct "We took out the furniture-. He explained that Ms. Maguire inquired of Mr. Greenfield, at the time he was escorted through the office, as to whether or not the County would be interested in any of the existing office equipment and was told by him that he had office equipment and that there has been no further communication on the matter, nor was any comment made when Mr. Greenfield was in the office on April 5th in Page 15 { ·1':'(: . J -\\ &001< 000 PACE5'93 .ç -~.. , ...;), - " .. .___.._. ___0_'---."'- ._.-... .__._.___._...._.._.._ .--~-~~--..~_.._-_._.. _..... -.... .... ~ ..,...,........-...".........." ----... , ',.".' '1' ,: .. · '" ~"e;:~... ~ ..:.,.. '.:' .";¡'¡''''I.~~''''' y..."...... ..!~ -- . u,i!:."'*rJ' I -" ;0', ...______~4....__. ~.. _ _~ _ ....~_.. .- ,.. . _tI .__.__.. .._... _....... .._._~.. _ _ .".... .._._ -..._...___ .. &Qat 060 PACE594 April 7, 1981 the ~.M. and was aware that the firm was in the process of moving. 3. Taking of bio-medica1 equipment and removal Mr. Maguire recalled that a request was made over a week previously that the County come in and do an inventory so that, priot ~o takeover, there would not be any confusion, following which any items that were missing at takeover on a second inventory, could be addressed. In his opinion, Mr. Maguire said that three hours was insufficient time in which to take an inventory. Furthermore, he said that he, by law, had no choice but to continue his service and to maintain his license, although an attempt was made to discuss with HRS how to "get out of it" legally and relinquish- their responsi- bilities. 4. Remote control head on radio Mr. Maguire said that with "the things that had happened" they didn't have much choice. It was hoped, he said, that they would have their own system operating at that particular time and that they needed the equipment. The County was never in any awkward position, as far as radio equipment goes, said Mr. Maguire, since they had emergency control which was constantly used - which they used. 5. Phone removal There was a legal obligation, said Mr. Maguire, to maintain a phone system under their licensing. He pointed out that the· County was given four phone systems - Immokalee, Golden Gate, the North office, and Marco, and commented that it would have been their responsibility if long-distance calls were made. He suggested that the County should have been aware that a phone system was necc5sary and that, as of Saturday, April 4th, the County did n~t "have" the Davis Boulevard property. 6. Removal of equipment Mr. Maguire said that the County has some of their -equipment and that American has some of the County's equipment, noting that the County is "running off of our equipment just from drugs. alone". He explained how an attempt was made to get orderly transition by scheduling a date for an inventory, as requested by the Public Safety Department, which was not kept. 7. Uniforms The County should have made provisions for uniforms, it was observed by Mr. Maguire. An offer was made to the County to purchase the uniforms, he reported, but no decision was made and, as of Monday, April 6th, their uniforms were still being pag e 16 ..,. .' "w" . ~:.;'~/~j~,.~.,~...;'. ·""',.,'....t'·-.J.,,~611t~... >-<'¡" "" ..:~.' :-.¡"4ii'#.-"~"" .~... t, .,' 1lJt.W..~... ,...--.-';..:...~_. ---........-- .----0--.-·.- --.-..,..-..-.......---:- '7--...... .,. ... ( ·." "' _<"_____.. _..__.......M4'....~~ ""'_............__. -..__...,....,..........._...... ...._.._...,.._._............J " '. ,...,~., Ü) j"~";IHj' ~,Üïf '.h._ April 7, 1981 worn, even though it was agreed that as of 8:00 A.M. they would not be. 8. Presence during takeover Mr. Maguire said that he was in front of the offIce for the purpose of picking up his son but that he was never on the property. He pointed out that he only had from Saturday afternoon, April 4th, until Sunday, April 5th, to remove the materialLhe needed for his operation to go on, since the County wanted the Davis Boulevard property. 9. Breach of contract Mr. Maguire said that they did cooperate, citing the example of the building lease, and, therefore, he does not believe there is a breach. 10. Mechanical problems Since there have not been any breakdowns, Mr. Maguire said that they must have had the cars in decent shape, explaining why the unit with no engine in it should have come as no surpri se. 11. Leases Mr. Maguire commented on the leases he has in Golden Gate and in North Naples which he has relinquished and/or can- celled, pointing out that "yet he has let you people go into 'that' office and let you stay there without any problems·. 12. Holding money back Mr. Maguire said that the money in question is for services rendered in the month of March. He said thai a court order ·was obtained on Monday, April f>th, and shut them down completely on their emergency calls and, thereby, took away his livelihood, if that is what he wished to pursue. Mr. Maguire emphasized that he made no attempt to solicit business or to take business away and explained that he called the Sheriff's Department to info~m them of his new telephone number and that he would not be maintaining the office on Davis Boulevard1 however, he told them that if their assistance was needed, they would be glad to furnish it. 13. Insurance Mr. Maguire detailed hoy they were lead to believe that their insurance was being carried over for the six remaining days in April when, in fact, it was lcarned that the only BOOK OO:J PACE 595 Page 17 .,...." .. ~ .: ~z... ...'<>..._.~;':::.~... ···.....,r· .---...... -_.- , . ..: ~.~ ,.' I ......_-~....-.. .... -...-...,.. .. ... ..~. -. . ...... _._--~ -- .. -".~ ...~ ." ~ .~- '.~' :. ~~.~';~?~.:~} , "",(i.~.~" , . ¡~~~~'~'ý;.-~ ., ~.~"'¡ .';' \ I,':' "f .~ '.". , , " '. ....~..'- -- -- ...._'~.. -'---- .... I --<II ____......._______ ...~...- _. -. .. .. f¡OOX 060 PACE 596 , 'April 7; 1981 . ~ . coverage was for County equipment¡ however, he said that they were told that the collision insurance was not carried. He read a letter dated April 6, 1981from the insurance carrier BI~ to this effect. Mr. Maguire concluded his statements by asking that the situation be viewed in the light of "fair play" and offered his apologies to the public for anything that h~ may have inadvertently created; however, he said that his concern has always been for the people. Mr. Norman observed that Mr. Maguire brought up a number of items which were not in his Report that came from other sources ðnd other situations. It is his feeling, said Mr. Norman, ð::r~, in his opinion, the belief of other members of the staff involved in the effort, that the six items spelled out are factual and have been substantiated to his satisfaction. They are items which have been identified as being critical and of an important nature, he said, and that he could refute many of the issues that Mr. Maguire brought up, but that he does not personally feel that it is desirable to turn the Board meeting into a trial or a public hearing on the matter. Commissionp.r Wimer requested the County Manager to explain what transpired during the Special Meeting of the Board held Saturday, April 4th, for the benefit of the people who may not be informed. Mr. Norman reported that three agreements were developed pursuant to the feeling that there was a commitment on both sides to work toward an orderly transition and to avoid any major disruptions of service t~ the public. One of the agreements, said Mr. Norman, dealt with the termination of the old 1975 Agreement which extends the deadline for closing out that agreement for 30 days. He said that that Agreement is not the subject of his aforementioned Report unless American Ambulance chooses to make . Page 18 ,; ....\... -..- ~'...... .......--.~_.~~ .J".,:.;,.;ow........,',...,:~~1· ....~,. ~". ....,.~...._..".....' " ··~..,..;~:I.'.... T '. ;;I;i;;i:.io ~:o ," . . . ..~~.::....,.... '...;~..:....:,.. ..... '-:"... ';~;' _""".·",__'·._n._..".~.,.,."".....~ _..._"."...., ._ "',..,'"'..,,_"'.....;_,__"'"""'_,_'''''__,..,,~;....."_..._.._..__ , , .. --"'rIII"'" "'~~':':"~:::.f'"';:;;..;':~f,;.¢.ft~''''' ....,. , '"~~'~I\;'1.t... ,,.," ,~ t ','. ' .~... Ir4 : . _.' .;.;-.;.~...:/ - . ..~~....~ . . ...-..,. . -" .. ~ ""'" .... '" .. - ... ~ ~ ...... -' .....~,...., April 7, 1981 it so. ThG second Agreement, he continued, is what he refers to as a Rtransition" Agreement which deals with many matters including the commitment to arbitrate any disputes which may result, the March payment, and, also, makes reference to the lease of the property. The third Agreement is for the Lease of the property, said Mr. Norman, and added that all three of the documents were approved at the Special Meeting. At Commissioner Wimer's further request, Mr. Norman said that the vote for approval carried 3/1 with the Commissioner voting in opposition to all three. Commissioner Wimer concurred that he voted I against all three documents at that time, that he has not changed his mind, and that it is his opinion that the Board should vote to cancel all three of them. Chairman Pistor requested that any motion by Commissioner Wimer for the cancellation of the Agreements be deferred until a vote is taken on the motion on the floor to accept the staff recommendation. County Attorney Pickworth proposed that, if it is ultimately determined that the Lease Agreement was not breached, that the motion include verbage to the effect that the 90-day notice to cancel the Lease, as provided for in the Lease, is being invoked. Commissioner Wenzel, . .. maker of the ~otion, said that, if it is the staff recommendation, the motion can be amended in this regard. At Commissioner Wimer's suggestion, it was decided that separate actions would be taken on the Agreements in question and Chairman pistor called for the question on the floor, motion having been made by Commissioner Wenzel and seconded by Commissioner Kruse. The motion , '...<tI. -rt¡","" ....~. ..io;r ..~~~~ ff'I' '. .;.w. . , 1; C carried 4/1 with Commissioner Brown voting in opposition with the comment that he had just received the document in question this date -, , r II " ! ...:'" .... ; ......;) L<'\J BOOK 060 fACE ffJ7. y·· -...-. .-'. _.~...--'. . . .. ' _.-4 .._.__J__ .. . ... . . . .. .. - .. . .. . . .. .. -0. ~ .... '. ... .. . ..,. ~. . .. MOX 000 PACE598 April 7, 1981 : . .and, due to the fact that he was not in attendance at the meeting when the Agreement was approved, he is not familiar with the contents nor the meaning of the wording. ,~ ...; : .. f ;'f:....: ',~ With regard to the Lease Agreement, Attorney Pickworth reiterated .> "t,:,·,.- v, ~. t , . "- ..... ~: ~¿~..."his suggestion that the motion be worded to the effect that, if it be ;;, , I ~ determined that, in fact, the Lease was not breached because of American's actions, the Board is, hereby, giving 90-day notice, under the terms of the Lease, to cancel the Lease. The motion was made by Commissioner Wimer and seconded by Commissioner Wenzel that the Lease for the property on Davis Boulevard is cancelled and, if, for any reason there is a question about the validity of the Lease, a 90-day notice, effective this date, be given that it is necessary that the Lease be cancelled. The motion carried 4/1 with Commissioner Brown voting in opposition. The matter of the third Agreement, which was commented upon by the County Manager at the beg inning of the Session, was brought up for deliberation with Mr. Norman expl11ining that that Ag reement is an Independent Ag reemp.n t not relying on the actions considered t~ be a basis for a breach, adding that there is a question about whether or not there Is an appropriate l~gal position to consider it breached. Commissioner Kruse pointed out that any member of the public who does not have the list of the mechanical inspections made on the vehicles should obtain one. She said that the inspections were made by several County mechanics who had "no axes to grind" and whose integrity she does not question. She said that the condition of the equipment, as far as maintenance is concerned, is appalling. Commissioner Wenzel said that copies are available. pag e 20 '- ',. .. , . : ..--....-.-..- -..--..---.,....... -.-"-~ ~._........._..._-- ;.,,-.~. ;..... -..--..--- -~_.- 1M1 I '"<qM'R'""'""'II' ,.,.,,-,~_. 9!~.tz;.1' '~ . < ,.... to...f"'T' ' , ,-' , . . ." " " .' '.,.." '. . f" .- """, ..' ¿ ~ i ,.,.. r ',' " ': ,.... . '!;".,\ :"tr rn:.'~ 'I ; ~. '-1"'"' !',\I"!!'",o>:." :.'1, '~.., , 1\...,~t\f,:.:' , ,'; ,"~. .~.~),I.I..~,þ~·!, .......,.... '.. ,..;.'.;', '". ,..' ..': .1."'..'.....,.. ...-...-.......... - ._-.............~ - ..........._..,~.......-...-....... ... --.... ........ .~.._- -----......... April 7, 1981 " . .#~~, I,'r ~.~~ "{ " ~~ , .~{. ','h ... ~", Continuing with the subject being discussed, Chairman Pistor said that the County recognizes that there would be a payment of $48,000 less about $3,000 possibly due at this time; however, since the inspections were made and it was found that, possibly, thousands of dollars of repair work, and the like, are needed, it is his feeling that the subject money should be withheld until such time as all of the matters are straighten&d out. Commissioner Wenzel offered a motion to this effect with Commissioner Kruse secondIng the motion. Commissioner Wimer stated that he would like to get the matter resolved as quickly as possible for everyone's benefit with Mr. Norman pointing out that -it is a two-way street" and, whatever action the County is able to take, does not insure that there will be a mutual corresponding effort. The matter of the extension granted under the terms of the Agreement pertaining tQ th~ 1975 contract was mentioned by Mr. Norman with Commissioner Wimer commenting that he was referring to the present contract that was cancelled and reiterated his desire to have the matter expedited. Commissioner Brown inquired about the amount of money that is involved with Chairman Pistor explaining that, due to the many factors to be considered, the amount is unknown at the present tIme; however, he said that it will be taken care of as rapidly as possible. Commissioner Brown voiced his concern over the need for the firm to settle his accounts, and the like, and noted his intention to vote against the motion on the floor. .... . ~:)' . tt" ., I '~",;: .,.... There was additional discussion pertaining to the necessity for assuring that the firm's employees receive the compensation due them with Public Safety Administrator Hafner explaining that,lf a t',:. I ~ ~ ~ p . , . ~·~·:t·: ~oo:< 060 PACE 599 Page 21 - ..-..----.... _..-. - ,____._ ~,,:"".l .., _.._,_.__ '-~-'-"~--" -,...,--..........-..- - . "i(r . 1'" J ( . .- , ---""-',. . ',' ~ . . .·,.:·#Ú~:.,:~i ".rl.~;.~~..f ~J '1!;'-' -~--~~--7-- -'~~7-'-" ---~-, "-,' ~~::::?fJ .' ~J # ,« ,., i, \ . ., ,....'.. . - . " ': '. . , , r, 'r ... . ......~:.. .." 0\ ,'. '.. ..._, . . ........ -----.....-..--.--..--...,-.--... . ...... .. . . . ~~K 000 f~CE 600 April 7, 1981 ... . I, listing of what is owed the employees is prepared, perhaps 80m. arrangement can be worked out with the Fiscal Officer to pay them. In answer to Commissioner Kruse, Mr. Hafner said that repair work has . . begun on the ambulance vehicles. Chairman pistor called for a vote on the question with the motion carrying 4/1 - Commissioner Brown voting in opposition. Chairman Pistor recalled that the County Attorney has indicated that the Certificate of Convenience and Necessity issued by the Board to American Ambulance is null and void with Attorney pickworth affirming the statement. He said that, as of the time of the transition, it is his opinion that this iß so because the service as outlined on the Certificate ceased. He said that in the event Mr. Maguire desires to operdte some other type of service he would be required to apply for a permit to operate such service which the Board, at its discretion, could issue. Chairman pistor entertained a motion to the effect t:lat, in order to make it official, the Certificate of Convenience and Necessity, and the American's Operation Permit, which became null and void as of 12:01 A.M., April 6th, be declared voided. Commissioner Wenzel offered the motion which Commissioner Kruse seconded. In response to Commi ssioner Brown, the Cha i rman noted .that the Board issued such Certificate to themselves for the operation of the ambulance service with Attorney pickworth explaining that it is not a case of transferring a Certificate since they are not transferrable. To further explain, Mr. Norman likened it to a license issued to an attorney, a doctor or an engineer in that it is specific to the' individual with the capability that individual has. Further responding Page 22 I """................"-,...-..-, ,..~"...~-.;>...."'"',..,--_.,-"__"'.,~_'~ . ~1 h_"....~ ........ ,__..._...."'...."__,"'~..'"_....".~....."O,~.~~,.."..._"',~' . ., . 'T;". . {- , 'L_" , , --'-If"~''''''''' ... '~"~¡:1!:;-l.,;~}.~r-....;~ ,". .~~ ·,x~~~'I<~-'-·' "f ~,~""""4..;:,-.r t"i 'ÞÑ:..t¡)~..,:~. J1':V.....L"\.'}..~Af.\ . .r' '... -,.$r~..~·.,." ". ·.'·'í';,A:',t"'.r'.~;"~.......,' ."1. ....,'~:.:'...~....,.~: .:.-..... .'~.. " , '.,.;........... 4+' -, ',,:~ " ---~ ---- ..---_.._.~.__..._-,,-- _.....~..... ...--..._._~""'" Apr 11 7, 1981 to the Commissioner, Mr. Norman pointed out that Mr. Maguire is not doing the "things" that his Certificate gives him the right to do. Commissioner Brown stated that he will not vote to take a man's Certificate for doing business. Mr. Nor~an further pointed out that, not only is it specific to the "person" the Certificate is issued to, but also to the op~ration of a County-wide ambulance service which the County is now operating and that there is no way Mr. Maguire could operate under it. Attorney pickworth affirmed Mr. Norman's statement I and added that it is not putting the man out of business because he could apply for permission to run a two-ambulance business, or the like, if he chose to do so. Upon call for the question, the motion car~ied 4/1 with Commissioner Brown voting in opposition. Mr. Norman apologized for not recalling, prior to the votes being taken, that there were persons registered to sp~ak to the issues. City Councilman Wade Schroeder observed that he was not in attendance to represant the City Council of Naples but as a member only. He said that he is appreciative of the County's recognition of the problem in the City and its stationing of an ambulance in the City where it was greatly needed. Mr. Mike Zewalk, representative of the North Naples Civic Association, said that the Association in a special sessIon, proclaimed that the community has been torn apart for too long over the ambulance matters and, therefore, wanted it to come to a resolution; the "cord should be cut" with American Ambulance; the County should vacate the Davis Boulevard building quic~ly; and, that the Commissioners should bid Jack Maguire "goodbye". BOOK œo PACE 60f Page 23 ··~(r, . '. , " ~ .' , ... ." ~_.--:.~_.._.__.~~ '.:",- ....:-..------..-----...-..........---.-.-.-....-.. .,.~--",.,-- . ' , ;: .':1 . ,'., ~; ~.t :'1' . : .~.., . . '. ~ ~.. .."å, ..~- . ; '" \ '," '"( --~-----_._-, -.'- "..,,~~._...,,"'._....,"'",--,"_...._-_...-.... - ~,. ,___._ 11'1'1. ~__. IIi'< ....._.._,__...,______...'"".,",.~_,;,.~._.....",""',>,""^.,.."., , ,'. e..,' .,"''''' ,_.~;.._":~.<.",, ;. _.;..;.;.....," .~,~~:.,,;, ," >··;!Ä\'! ~., ...--,,_,',,- ---~.............4..~~.....,-:---~.,.~~··l.,~l·.~~_~-.....·,~.f~.( , . ,,' " . ." '" ";" ~.\, .... .... " ,'. '- , .. I . . l' ___.... __ _ _ _........ _,__ _..-~.. . . _._-.i#~... ... _ .,.. _0__ ~.. _.... .I.. .... ...___.____ _ . ~..,. .... ,þ' . ~o~ 060 fACE'602 Aprp ,7, 1981 Mr. Lloyd Sarty complimented Commissioners Wenzel and pistor for their consistent stand with regard to the operator of American Ambulance. However, he stated his concern over the lack of unity on " the Board and suggest~d that the matter Is now in the past and should .:.."J be '''buried'' with the County going on to "important things". RECESS: 11:17 A.M. until 11:27 A.M. PRESENTATION OF PETITION RE TIGER TAIL BEACH P~RKING - STAFF DIRECTED TO WORK WITH INTERESTED PERSONS TO PRESENT POSSIBLE RESOLUTION TO THE PROBLEM WITHOUT NECESSITY TO PURCHASE ADDITIONAL PROPERTIES Mr. Alan Johnson, Marco Island resident, submitted a lS-page petition, signed by property owners and residents of Marco Island, entitled as follow: We the undersigned taxpayers and residents of Marco Island, Collier County oppose any acquisition or attempt to acquire single family zoned residential property by direct purchase or eminent domain thru condemnation to be rezoned for "TIger- tail Beach" parking lots. Additional parking can be developed on the adjacent "Tiger- tail Beach" propcrty without imposing upon our residential rights." Mr. Larry Basik, Marco Island resident, addressed the BOðFd for the purpose of prescnting a proposed solution to the subject parking I situation, which he illustrated by displaying a map of the area on the corkboard. The proposal, said Mr. Basik, is not to establish a precedent by purchasing residential lots for parking purposes which would only suffice for the time-being, but rather to stake out the County setback line (CCCL) and, from that, tape into the transitional areas for suitable parking locations. He said that the County's Environmental Consultant and Mr. Bernic Yokel have "walked" the subject area and have determined that the site could be studied. pag e 24 '- ,..._.............._._~--- -. .....~~"~;._.......,.,,,._'^","'........_, .' "'-"'_"_'''''''"'*"''"'''''~'''''''''_''''''''__'''___'''..___.._.-.______,_,_,.._...,'i>....._"''''.......___'''''___,..._,_'....,........·,'''~......,'',·.......·c~.."....,"....,.,.,...... .:;), ;~ "'... ....' ..~. \J~.I.II.1IIItJ.~R· _~.i"""""''!1jOf<lî.~:a,,^:~I\o:'¡"\'''''''¡' .: . ' '. ':,,·u ' , wI.. .'" ,. "(i'1l:<l .M'i¥":"II~''''P·,I;,'' '~.' ~n ,.'I.....rJ......,. ...... ~... ,.,,1 I:'~.... .... ....,_~..7..,,·..~..1 ...'!".... ': ~j - ;~r t, .'~ .tt1:~ã.\......-··/,;!'i':.. .·4~ ·...oot.,......:...~ " . ..,; .::' ~~L _~>~~,~J ~.:'".:,¡f'1'... ¡,~ . ..~ _..<- .'...'~".............,......~ .,'~~... ,......-...',.... ... ""'-. _. .... __... .. .' -I .... ~._ _ _ _ _ ..........:-...__.""_...4ø>............,...._ ... __. ~............. ............-'.............Þ~.Id. 1I..·J)Cf~Þ<1 ' ~(tt......- ~~11' April 7, 1981 Chairman pistor said that there will be no exceptions made to going ahead of the CCCL, commenting that any variances which have been granted were done by mistake. He also said that mangroves cannot be cut. It was his suggestion that the plan be presented to the staff and, if there is space that the environmentalists determine can be used without dredge and fill permits, and the like, a drawing could be presented to the Board for its consideration. Commissioner Wimer moved, seconded by Commissioner Wenzel, that the staff be instructed to work with the individuals and try to come back with a resolution to -the problem without having to purchase property. Mr. Basik concluded by stating that the park is beautiful but that it has "mushroomed" and infringed upon residential rights. He said that purchasing three lots, as has been proposed, would not solve the problem over the long term and the optimun idea is to provide a solution once and for all. Upon call for the question, the motion carried unanimously. PRESENTATION OF REPORT ON GOVER~OR'S CONFERENCE ON AGING - BY REVEREND PON~LD W. ~~HSON Reverend Donald W. Lawson, Minister of the Unitarian Universalist Congregation of Greater Naples, reported to the Board that it was his good fortune and privilege to represent Collier County at the Governor' s COIJncil on JIg ing in Orlando September 16 through 19, 1980. The purpose of the meeting, he said, was to think about, plan for, and make recommendations with regard to the needs of the aging population of the State during the next decade. He returned from the Conference, continued Reverend Lawson, with a feeling of accomplishing something importðnt. , 'II' It.....( i , , , BOOK 060 PACE 603 . {.\..... \1.1('-. Page 25 - .---...--.. .. ......... _.___ ..___.e_ -. -·----··---;7--.----:---·-·.·'··--·--····· ., .. J. f oJ . . ...., ~ I'·' ----- ...-. . ... ~ . ...:; ;:-7:i.; ¡ . . ~ -I r~~"f:\~""~"; "J \': .. ~,; ~ . J, . ... ~.. r' , ",. ..&. ..-.--..-... -....-... -........- .. .. ._.__ ...__".0 . .. .. . ..._.___..... .. ........ ___ .._.__ __ ..__ __ ....____M ,oox 060 PACE ßM. April 7, 19B1 . ' The Report cn the Conference being too lengthy to review in detail, Reverend Lawson read the Table of Contents of the material contained in the Report to the Board members, and concluded with the' reading of brief quotations from Former Governor Leroy Collins to help illustrate the tenor of the Conference. Chairman Pistor requested that copies of the Report be provided to tho Commissioners which he assured Reverend Lawson would be read. Reverend Lawson concluded by stating that the elderly citizens have much to offer to the community, the County and the State. APPEAL OF PROPOSED LIEN (RESOLUTION R-81-53 ADOPTED 3/3/81) TO RECOVER COST OF LOT-CLEARING ON LOT 3, BLOCK 3, NAPLES MANOR ADDITION BY W. DALE CAIN - PAYMENT REDUCED FROM $680.50 TO $400.00 Property owner W. Dale Cain infcrmed the Board that his purpose for requesting that he be heard was to appeal the proposed lien on his property, described as Lot 3, Block 3, Naples Manor Addition, to recover the costs in the amount of S6AO.50 for clearing the subject property. In doing his "homework", Mr. Cai~ said that he has been informed that the amount assessed is "out of linew, Zoning Director Jeffory Perry referred to the Executive Summary dated April 2, 1981 to brief the Board on the sequence of events which took place relative to the matter, including the complaint that was received by the Health Departm~nt, the subsequent investigation, the notice mailed to the property owner, the type of vegetation involved which necessitated the use of heavy equipment by the contractor hired to clear the land, and the resulting Resolution R-81-53 providing for the assessment of costs which was adopted by the Board on March 3, Page 26 ......--.. , ~-'.-- ..--........ -. -'-" O'::.. ~:.;:,'... ::;¡,t~~.~. ·~~.,.;...~~':~~·'t.;~i,~t·~,·~;,:~··~:;:.~·:..~;_~¥M ...~. ·~:'..4..~::¡:~· .,-..-.--",...-,-,.--.. ,.,......,".~.~'''_.,-,._--_----....--- ."""" ..... ..._,_.."'-,-"--.......,--'".,......,"_.....---.""_...,,,...-""'.._,,..,.,..~."".. . ..... . :~f·.'~ k~r-;.~ " ". . _.' ø :·_............A April 7, 1981 1981. When Commissioner Wim~r recalled that the Board issued the directive that there was to be no more land-clearing, Mr. Perry said that, unfortunately, all correspondence and dealings connected with the matter took place before the meeting wherein that action was taken. Mr. Cain said that he was unaware that he had to clear the lot and was notified only to remove the nuisance - the unattended growth of weeds, and such. He said that the contractor probably charged a fair price for the work but suggested that possibly he cleare~ ?/4 of the lot behind his and charged the cost to him because he was told that it J was necessary to enter the subject property by going through the adjacent property. Mr. Perry pointed out that the contractor assured him that he was not charging for work which was not done on Mr. Cain's property. ~ Commissioner Wenzel moved that the payment be reduced to $400.00. Commissioner Kruse seconded the motion with the comment that she was doing so in view of the fact that the other lot was cleared. Chairman Pistor said that the Board will have tf try to colleGt the difference from the other property owner or absorb the loss. Mr. Perry pointed out that there are no provisions for assessing property owners without proper notification and suggested that an attempt be made to ask the contractor to address the Board if, in fact, an additional charge was levied for the work done; otherwise, he would agree with the steps the Board is taking. Commissioner Wimer said that he will vote for the motion but does . .. not think the bill is being reduced enough and that, in his opinion, the County made a mistake in clearing the lot Instead of mowing it. ,; '.~ ·t.~I. ',..>",r MO;<OOO PACE605 Page 27 t'l};" ..~ ' , ..;' "}:¿,", ... ,~ . ;:-~..... - -. .....'..:1".-...--. , I " . _'.0- ...".,. -..-,,------- --.-. ~ ,I . " . .~,,)-, :r -_.__."",.."'".....,,,."',..""'.~,..'"...""'.,._...._''',.,;.....~...,'',..,.,''-~--,-~_.""""-~--.,.,,,..~~..,.,,.,-.-*._~._- ~.., ".': \ . . , ~" . . . . .. "..-.--'--- ---~----¿_:". -.-----,...-.- fIOOX 060 PACE606 April 7, 1981 'Commissioner Brown said that he would have to vote against the motion because the amount being levied is still too high'- the most it should be is $200.00. .r: Upon call for the question, the motion carried 4/1 with Commissioner Brown voting in opposition. .' '. ~ ' . . , Mr. Norman said that a new billing would be prepared. DISCUSSION RE PUBLISHING OF 1980 DELINQUENT TAX ROLL - STAFF DIRECTED TO PREP^RE RESOLUTION CALLING FOR THE PUBLISHING OF THE 1981 AND 1982 ROLLS IN THE NAPLES STAR; FURTHER DISCUSSION TO BE HELD PERTAINING TO PRESENT POLICY FOR ALTERNATING PUBLISHERS Mr. George C. Biggers, III, General Manager of The Naples Star, expressed appreciation to the Board for permitting his appeal to be added to the agenda with the suddenness which was necessary. He said that the matter at hand is an emergency situation as far as his firm is concerned and asked the Board to designate The Naples ~.._- -- .."'- -.JI....U4. U.,. ........ official publishing newspaper for publishing the 1980 Delinquent Tax Roll in accordance with the Board's policy of rotating publications from year to year. Mr. Biggers recalled that the Naples Daily News published the 1979 Roll and that his company should, in turn, publish the 1980 Roll. Mr. Biggers said that Tax Collector Guy Carlton, has entered into an apparent verbal contract with the Daily News; however, it is his contention that any contract entered into with the Daily News, either written or verbal, is not valid because the Tax Collector has no authority to do so. A further contention, said Mr. Biggers, is that the rate proposed and accepted by Mr. Carlton has no meaning or apparent legal basis under Florida law, pointing out that the rate is not being questioned, but, rather, the method. It was pointed out by Mr. Biggers that his firm will suffer financial damages in excess of "- pag e 28 ._...__......_-_..~".. -.-- --.... " --"----:-_.... " . , , ~ ';";..\ . '.'.' .. .... . ' ,~. ~ ~......._._"__ _ .""''''';''M'''","',M~''''''''''_'''_''''''''''''___''____''''''_'''''''___'' ..~ . ''I?" ·t'J~~irAt~~....~~~~t, . \ ' . .:'. ···:·7-:~.'·· .' ~:I" ,·1m::..,·... ~ ..·.:.,.;;a:...·"n. -.-..-....- .'. -.....--... April 7, 1981 $10,000 as result of their assumption that the policy established by the Board in 1975 was still in force and would continue in 19B1. The damages involved, he continued, are due to the fact that the Press Operations Manager has allocated press time for the subject operation in the amount of 20 hours at a value of $10,000. In the materials distributed by Mr. Biggers was a copy of ð letter from Mr. Corbin A. Wyant, General Manager of the Naples Daily News, dated March 12, 1981, to Mr. Carlton which was given to him as beinq the contract entered into. He suggested that it looks lik~ a letter any newspaper might sent to the County Commission saying "these are our rates and we would like the Tax List". Mr. Biggers submitted other information for Board consideration such as an excerpt from the Florida Press Association publication which sets forth their interpretation of Florida Law relative to the publishing of legal ads, and the like and which, in essence, states that there is no such ralt: /:Iii 1.1."L h"úpu5ûJ by the Daily News but rather an old formula that legal advertising was once figured on, adding that there is no such thing as a line rate any longer as it pertains to such advertising. The excerpt also states, he continued, that it is the responsibility of the County Commi3sion to select the newspaper for the subject advertising. Mr. Biggers also referred to the letter dated March 17, 1981 from Mr. Carlton to Chairman pistor advising that the Naples Daily News has been selected for publication of the 1980 Delinquent Tax List. The last document presented by Mr. Biggers was a copy of the pertinent portion of the Board minutes of March 18, 1975 wherein thß Board adopted the rotation policy as a matter of fairness. Chairman Pistor explained that the matter of selecting a newspaper was overlooked this year due to the many other items requiring the 'BOOK 060 PACE 607 i.."I), I , . .~...; \::.. Pag_ 29 -. _...' .... .--. -;._._~ .. ~/. .' , ~''''.. :~\' ' '. ~ ¡. \"; . .:., ~:"'\ i.:~::: ./ ' ...",,'. r . , . . ____....._..____ ~~...._.____.4 .. ... .. .. ... -. .. -. . .... ........ . , . .. -..... .....~......... -....... -. ~oœ 000 PACEf1)8 April 7, 1981 Board's attention and also said that if the Board has not selected a newspaper for advertising by February 1st the County Tax Collector has the responsibility for making the selection and the arrangements to place the advertisement. Mr. Carlton told him, he continued, that, since he did not g~t the information from the Board, he proceeded to make the necessary arrangements. Mr. Wyant stated that, in his opinion, the first consideration relating to the tax notices should be the solection which best serves the interest of the taxpayers. He distributed copies of a chart showing the paid circulation of the Naples Dally News and said that the circulation for the year ending March 31, 1981 will be in excess of 29,000, comparing this figure with that of The Star's circulation of 6,786, as adjusted to exclude bulk sales, and the like. Concerning rates, Mr. Wyant said that they have been checked wi~h the Floll~ð Press Association and confirmed, suggesting that his colleague would not disagree with the subject rates. He pointed out that, when the practice of alternating publications w~s instituted, both newspapers were locally owned which is no longer the case - the Naples Daily News being the only one still in that category. He reiterated his belief that the interests of the taxpapers would be better accommodated if the publication of the Tax Roll is in the locally-owned newspaper whose paid circulation greatly exceeds any newspaper in the County - weekly or daily. When asked about the type of contract involved, Mr. Wyant said that it is verbal but that it has the S8me status as a written one. County Attorney Pickworth agreed that, assuming that there 15 a verbal contract which can be determined, it is as binding as a written one. Page 30 ----.--.,---. ----.::; ... -,-..--..-----..--ë'- - : 1'.',"'1", . : .,-,;. .... ~- -. ··-',~r.~,;r.~',¿~";,~~i!"~f::~·:.$'''' Qft::;) ',"'tJ "'11..\ '" .~"...þ:'!t,..\;¡r,:; ,.t... . ,,' ,t-', .. ~. i .'. '. ·"~.~-~~Wi'. April 7, 1981 Commissioner Wenzel inquired if the ð~reement made in 1975, previously referred to, is binding with Attorney Pickworth, referring to a memorandum he wrote to the Board in 1977, advising that the action taken then could not have constituted anythin~ more legal than how the Board felt about the matter. As a basic principle of local law, he said that one board cannot bind another and that the Board can place whatever weight they may choose on the previous rotation policy emphasizing that, regardless, the Statutes require that a selection be made each year. What happens in the event the Board fails to take action by the end of February was asked by Chairman Pistor, with Attorney Pickworth reciting from the pertinent portion of the Florida Administrative Code Chapters 12 (D) Section 12,12 which he said is part of the rules 0 f the Florida Departmt.!nt of Revenue relating to the duties of the Tax Collector. In part, as read by the Attorney, if the Tax Collector has not received notification as of the last day in February, he, the Tax Collector, shall sclect a newspaper for the advertisement of Delinquent Taxes and shall notify the Board of County Commissioners, or governing board, of his action pursuant to this rule. It is the position of the Tax Collector and his position, also, that given the probability of the existence of a binding contract with the Naples Daily News this year, there would be some hesitancy about taking it away from that publication, assuming that there is a valid verbal contract. Chairman Pistor suggested that maybe the idea adopted in 1975 should be cancelled and a decision made each year as to what is best for the County. Mr. Biggers commented on the circulation which was brought up by BOOK 060 PACE 609 Page 31 U~-'i . ~_:: J ~ ':þ \. 1... ~ ./ .. -. ..-- .....- ~ - .-. .._-'. ._--.- . . ,J ':. " :1 'ftl'i'!f"'\ " ',','" . 1-' i ~:~.,."~ ~.~~:; -' ' I, "'~';"Å" , :- . . .. .: ", ....-----..-- - --- .- . .. 1# ... - ~. ..... ,. .... .-,,.. . .....- .. *. ... . _..~...- '~Oy; 060 fAcE61D April 7, 1981 , . \ " the other speaker and said that audited figures will indicate that The Naples Star has over lO,OOO average distribution. Furthermore, he said that they have always worked with the Tax Collector and provided additional distribution in certain areas of the community so that the 'J" ".'-.' 10,000 criteria is well met and often exceeded. , ¡~~.: \' ... .... Commissioner Wimer observed that the aforesaid Board policy has been followed since its inception and said that it was unfortunate that .something has slipped through the wire", noting that it depends on which side you are on. He mentioned the fact that there are newly-elected County officers and new employees which have caused an otherwise routine matter to be overlooked. He expressed his desire to see the policy continued in order to eliminate problems in the future. Mr. Biggers said th3t there is no intention of disrupting the ::ltu~tion at th!!i' ['"int, JOIHnn'I']h there are leqal questions that could be answered and issues made, but asked that the Commission reaffirm its policy of rotation at least over the next two years. Following additional brief discussion, Chairman Pistor moved, seconded by Commissioner Wimer and unanimously carried, that the staff be instructed to prepare a resolution to remind the Commission next February to select The Star for the publication of the 1981 and 1982 Delinquent Tax Rolls and that, in the meantime, it will be discussed whether or not to continue the policy of rotating the publishing of the rolls. RECESS: 12:35 P.M. until 2:00 P.M. Pag e 32 '" _ .___n~__ -'---~.:---'-'-'--'----r"--~' ---~''''..,..,"''"'.~._,~-".~.~ ,"""",;,.,,,,""'''''"m,,,,,,_,,,,,,,,_~,'''''''__;¡H-._~.......,,,,,,,,,,,,,,,·_-''''· ........ . ..._~...__~_...,. OIl ~....__......_ _..'__~.......,,-.." _ ~"""'._'P......... Ifr...... l\pril 7, 1981 EXCEPTION TO EXISTING PERSONNEL RULES AND REGUL~TIONS RE PAY IN LIEU OF VACATION - APPROVED WITHOUT ESTABLISHING PRECEDENT Administrative Assistant Neil Dorrill referred to the Executive Summary dated April 3, 1981 to explain the reason for the request for an exception to the ~~rsonnel Rules and Regulations with regard to the receipt of vacation pay in lieu of vacation which has been recommended by a certain employee's supervisor. Mr. Dorrill said that the reason stated was to forego the annual vacation to help defray medical costs associated with a member of the employee's family, adding that it is not the intent of the request to establish a precedent for cash in lieu of annual vacation but to assist a single parent with a financial need. Commissioner Wenzel moved, seconded by Commissioner Kruse and unanimously carried, that the staff recommendation be approved and the exception to the existing Personnel Rules and Regulations relative to vacation pay be granted in this particular instance and not ar. a general procedure in the future. RESOLUTION 81-88 REPEALING RESOLUTION 81-5 WHICH PROVIDED FOR ASSESSMENT OF LIEN ON LOT 48, BLOCK 72, UNIT 5, NAPLES PARK TO RECOVER COSTS FOR ABATEMENT OF NUISANCE - ADOPTED Zoning Director Jeffory Perry explained that a proposed resolution is being presented for Board action to repeal Resolution 8l-5 which was adopted by the Board on January 13, 1981 and which provided for an assessm~nt of lien on Lot 48, Block 72, Unit 5, Naples Park for the purpose of recovering costs for abatement of nuisance. As set forth In the Executive Summary dated March 25, 1981, Mr. Perry said that the correct lot, Lot t45, was mowed but that the wrong property owner was .,.' . BOOK 050 PACE 611 Page 33 : ¡'I ~ " . ...__...----_._.__..~~---- -~ - --.. .. .,. '. ~ {" oJ r I '" -,...- --- .....-.--...... _.--~,-.- .~" '. '-f'" -:~, .:~~'~',. " "-·....',""4·~_.....'_·...- ..-"'-----".._."'... . .~.H:~/,iCl"'.;. ..' " ' .:' '" \' . -..... , ' ··-i~~·".: .¡t\;--;, . ' . \,., . . ,0" :~'..' . . >.:,.:" .. , . ,. .. '.' ~ r .. ~ . ~_......__._..... .-.. .P._....._..·_....·_.._..·_··______.._ ..... " :. ------.....---.....-.-. ............,.. .. . - . ~OI 060 fACEe12 ^prll 7, 1981 ;", Because the owner of Lot 145 waS never properly notified, notified. the costs in the amount of $63l.S0 cannot be assessed, said Mr. Perry, pointing out that payment for the work performed was made to the ,. contractor before the. error was discovered; however, the firm has returned the check to the zoning Department. Commissioner Wenzel moved, seconded by Commissioner Kruse and carried by unanimous vote, that Resolution 81-88 repealing Resolution 81-5, as detailed above, be adopted. Page 34 . _ r - .? - .... ~ .... .,...- ,I ~ '- .- ~.... ".,..-.- ~·.'''',.M"..'.'.,>~__".....__''"''...,..".¡__..........______·_''____..m_'''',....-'''--"-"''''''''''''._,,.....;,~,~._,~~'~"'' ,,,......,,_,,..,..,..·,,,,'.-;;·.0';'......·.'-"'><-·0,,...·.-··, \", , J ~OOJ; 060 fACE 614 Apr 11 7, 1981 PETI~IOH TR-81-3C, THER~'~N WALKER, REQUESTING TEMPORARY RESIDENCE PERMIT TO UTILIZE 'fRAVEL TRAILER AND PICK-UP CA~PER DURING CONSTRUCTION OF PRINCIPLE RESIDENCE ON GOLDEN GATE ESTATES PROPERTY - APPROVED FOR SIX-MONTH PERIOD For the reðsons set forth in the Executive Summary dated Mðrch 18, 1981, Zoning Director Jeffory Perry said that it is the staff recom- mendation that Petition TR-81-3C, filed by Therman Walker, requesting ð Temporary Residencc Pcrmit for the purpose of utilizing ð trave1- trailer and a pick-up camper during construction of a principle residence on the West lRO' of Tract 77, Unit 19, Golden Gate Estates, be approved. Mr. Walker was in attendance to respond to questions from the Board ðnd, when asked why it was necessary to have two vehicles, said that his son occupies the second vehicle and has recently purchased a lot in the sðme area upon which he intends to build a home. In the meantime, continued Mr. Walker, he has assisted him in clearing the lot in q~estion. Responding to Commissioner Wenzel, Mr. walker said that it is his intention to build within 180 days. I , , Commissioner Wenzel moved, ~econded by Commissioner Kruse and carried by unanimous vote, that the Temporary Residence Permit requested in Petition TR-8l-3C he approved for a period of six months, pursuant to staff recommendati9n. PETITION TR-Bl-2C, BARNEY BAXLEY, REQUESTING TEMPORARY RESIDENCE PERMIT TO UTILIZE MOBILE HOME DURING CONSTRUCTION OF PRINCIPLE RESIDENCE ON PROPERTY IN GOLDEN GATE ESTATES - APPROVED FOR SIX-MONTH PERIOD Zoning Director Jeffory Perry stated that the request contained in petition TR-Ol-?C, filed by Barney Baxley, is similar to the previous petition in that a Temporary Residence Permit is being requested in Page 35 -------- ,_....~.-' ,,_.-~.....-...... ...._"""'"""""~--.::::-".._._--- ". ......-....-...---........., " . . ,....... -,' ~ ...'.. -'-4~~~- ',I '- '.' " r~ ...--...,--_..., ".,-.."'....--.....-....;""'""-,.,,-,.'''.-'"''..,,;,'¡---.......- -.--,.-...-...."............,-"-. '18'iI. r T - -Mr. - --._-4 T1 UÆ -"1 1 T ~ pJ.. -~ ,-j ~. April 7, 1981 order to utilize a mobile home during the construction of a princple resirlence on property known as Tract 111, Unit 14, the North 75' of the ~outh 180', Golden G~te Estates. Mr. Perry said that the circumstances are such that there is a need to protect construction materials during the permanent construction period. Although the petitioner has not received a Building Permit as yet, Mr. Perry sairl that this will be ascertained prior to the issuance of the Temporary Residence Permit. Commissioner Wenzel moved, seconded by Commissioner Kruse and unanimously ca~ried, that Petition TR-8l-2C be approved, as recomended, for ð six-month period. Commissioner Wimer lnquirerl about the follow-up proce~ure to make sure that construction has started so that there is no establishment of a permanent trailer park in the subject area. Mr. Perry said that, generally speaking, his office would not investigate until the expiration date for the Temporary Permit at which time they would visit the cite to make 3ure that the trailer has been removed or that the house is substantially constructed. It was the Commissioner's suggestion that a check should be made within a two-month period, or thereabouts, in order to make sure that Wsomethlng is happeningw. Mr. Perry said that his staff would be so instructed. APPLICATIO~ FOR AMENDMENT BY CITY OF NAPLES TO COASTAL COLLIER COUNTY "201" - AREA B STUDY AREA - APPROVED, PURSUANT TO STAFF RECOMMENDATION Utilities Manager Irving Berzon explained that the Board of County Commissioners, in their capacity as "Lead Applicant" of the Coastal Collier County "201" Facilities Planning Study, is being asked to review the status of the "201W program, overall, and to consider the amendment to the Study proposed by the City of Naples with regard to aOOK oao PACE 615 Page 36 . I: ~ '...~." ."~::'~ . .:~.,/~.':. t~¡: .-..;..~t(~". , .~'-~'.'.'.'''':. ~ ,. i t ~" .. r . t 'r" .; '. ., ,- ,/ I' .' . ",;",,,.,: ; ~~:.;;~v.ó ~ ~'~4'.., t - '.'~" ....t.' ,r ~. t ~~- ".~.~~'~. :1~. ,. ~",,""",:ti. ,t. .,~~.., '.. ..'- r . . / ....__~___...-.... -._._..1. .. .. .. .. .. .. ... .. .. ... .. ^- ..... .. .......-... -. - .... .. .....----.. ~oo~ 060 r~cE·616 ^pril 7, 1981 , . ~rea waw of the Study Area. Mr. Berzon said that the Naples City , . .' .' \ . Engineer has requested, on behalf of'the City of Naples, to consider specific actions, as set forth in the Executive Summary dated March 26, 1981, as follows: l. Conduct a public hearing in accordance with EPA require- ments to consider the amended "201" plan for Service Area WS" dated May, 1980. 2. Consider adoption by the County of the amended "201W Facilities Plan for Service Area "B". 3. Authorize that the "201" Facilities Plan be Wsegmented" as it relates to Service Area "B". Mr. Berzon explained briefly the reasons why the above actions are being requested and added that it is his recommendation that the county's Ccncultants, SM~11Yt Wellford & Nalven, Inc., be authorized to conduct a review and to prepare an analysis and report of the City's amended plan for Service Area "B". Mr. Berzon said that, since the Summary was prepared, the Consultants have advised him that they are asking for $3,000 to provide the summary and report which will be the f1 rst step in the procedure. Once it is prepared and presented back to the County Commission, he continued, the Board will be In a position to know what the next step should be whether the amended portion of the City's plan, which is Area "B", should be adopted and submitted on their behalf, or whether a different course of action should be taken. Mr. Berzon responded in the affirmative to commissioner Wenzel's query as to whether or not the County would be resp~nsible "if something is not right", commenting that the County is acting as Lead Applicant and, as such, the County would be accepting full responsi- bility for whatever the actions were or whatever the recommendations are in the Amended Plan. He said that is why he is recommending that page 37 ~,..__.._,_.._""",~,,,,,,,,___,,,...__......___.__oII>Ij w¡ ~__",_____"""_______.____.._.........__._".__",",,._,=,,_....n,"..~..,........', April 7, 1981 the study be made, adding a further rec~nmendation that the fee for the work be paid for by the City since it iS,an action initiated by the City ...¡hen the 1\mended plan was prepared. En::Jineer John "IcCorcl, City of Naples, stated that the City·s po sit ion is that, first of all, the "201" plan is a County Plan - not a City Plan _ with several service areas, and that the County is the grantee for the Plan. He said that the amendment to Service 1\rea "B", which is a considerable service area outside of the City corporate limits, was not brou~ht about indiscriminately by the City. The State DF.R mandated that the current plan for the County·s Service Area "B", he continued, would negate any kind of discharge into the Gord~n River. Mr. McCord said that the City "took the bait" that the development of the subject area could be expedited with Federal grants by, in fact, "front-moneying" the Amendment which has run to about $40,000 with 'no grant monies involved at all. It is possible, said Mr. McCord, that the City could have come back to the County with a request for rewriting the plan for the area because of the aforesaid prohibition against discharging into the Gordon Hiver which would have necessitated the application for another Federal grant and the resultant two-or three-year delay. He said that the County·s service area is being increased by approximately 60~ - reitcrating that it is a County "201" Plan and that Area "B" is in the County. ~r. McCord further pointed out that the City has attempted to expedite the project but that it has r.ome to a halt due to the fact that the Step I Grant Amendments (deep well injection program) must be submitted by the Grantee - Collier County. Mr. McCord said that the County Commission will take the project' BOO~ aôo PACE 617 Page 38 :. .".' \.~ ' . _ J' ~~ .. _. ---.. ,.,. ., . . ." , . , . . - -- , - . . . . ...-- -" ----.- ". .. -* ..... ~oo~ 060 pÂcE618 April 7, 1981 through Step I, that,is, through a test injection well, if the Consultants agree with CH2M Hill who has said that that is the most cost-effective methr,d, adding that the construction of the test well, as well as the design, will bp. under the Board of County Commissioners. After that, Steps II and III can be "dumped" on the City because they have agreed to operðte the treatment plant, said Mr. McCord. The City can then file for grants, sign its own contrûcts, and the like, he explained, but that, up to that point, the Board will have to be the contracting agency for the "201" Plan. Mr. McCord concluded by stating that the City has $40,000 invested in the Plan already and that, if they have to expend another $3,000, they are willing to do it; however, he said that there is a "spirit of cooperation" situation involved. Mr. Berzon was asked to place the situation in perspective by commissioner wi~er and said that Area "a" is a creation of the City of Naples because in 1977 the City opted, at no urging of the County, Federal or State governm~nts, to create their own "180" District under Chapter 180 of the Florida Statutes. He explained that that was their prerogative and they were "free" to do it; however, he said that, pre- sumably, the City had able counsel to advise them of the consequences which could result - the present situation being one of them. He said that there have also b~en some benefits accrued, too, pursuant to the adoption of that district. Mr. Berzon pointed out that the Area "B", as it is referred to in the "201" Area plan is the same Area "B" which represents the City's "180" District and not something created for them by the County. Continuing, Mr. Berzon said that when the "201" Plan was finalized and adopted first by the County in October of 1977, the City still had pag e 39 i~~$~i~~~~~'t·\'!:f!~'~f¡\>~~If¡p¡ì*"~:"'. ¿,! '^" . . ...\.,;~'. L:1. ~J:; :':<~ :";'::';':f;:!¡;(~"':;' .', 'c':}! '."';:~' r l\pril 7, 19A1 the responsibility and the prerogative of adopting that portion of the Pla~ that referred to them. Hc said that the City delayed adopting the Plan for approximately one year during which time new information was furnished to the State resulti~q in the determination that zero discharge to the Gordon River was appropriate, as opposed to the prcvious cletermination which was based on waste load allocations. It is his conclusion, said Mr. Berzon, that the work done by the Consultants should be paid for by the City. Any future costs that may result, based on any recomme~ðations coming forth from the Consultants and later on from what the DER and EPA may approve, should be taken c~re of at a later date. But for this particular step, Mr. Berzon said that it is at the City's request, a consequence of their actions, and that the City should be prepared to pay for it. A brief discussio~ followed with reqard to The Glades area which, it was pointed out, will be discussed at a later date. At Commissioner Wimer's request, Mr. Berzon detailed what the co~sultants will study and review, which will include the application which was prepared for the City by CH2M Hill, analyze it and look at it in the light of the "201" document prepared for the County to detcrmine if what was recommended is "the best way to go" now - in 1981. There followed a discussion concerning deep-well injection as opposed to more traditional methods, with Mr. Berzon stating that the Consultants cannot go beyond the specific guidelines that they are governed by, adding that if the State tells them zero discharge is the only way they can analyze the project, that is what they will be gover~ed by. Commissioner Wenzel inquired about the reasons why the CH2M Hill report could not be accepted instead of requesting another firm to BOOK 060 PAGE619 Page 40 -,!;, ~ ! !,1,' ¡j '.' ---..- --~ ., , . '. J , .. ..._..__.,..,.. '., 0 .."'~~'..~"'.""<"'~_""W_.,"..,,·___ . . , . ___-Þ04__._ _._ . .. ....... ,. 0--" .. ... ,." ....... . .. - -. .....~ ...~. -... ..- .......-..---... , MOX 060 PAce620 April 7, 1981 check the report to determine if it is right. Mr. Berzon explained that the St~t~ and the Federal government have already questioned some of the information submitted in that report-and, In his opinion, the County should have the Consultant's response that there is nothing in the Amended Plan that will be contrary to the County's best interests. Commissioner Kruse expressed concern over the use of the term .cost effective" which appears to be surfacing throughout the dis- cuss~nn and, although she favors the "low-bid" system, she questioned whether a decision should be based on a system because it is the cheapest. Mr. Berzon sald that his reference to cost effective is pursuent to wh~t-thp ~PA guidelines and requirements are which, In part, state that the project must be the most cost effective for the applicant to be qualified for any grant money. Commis3ioner Wenzel moved, seconded by Commissioner Wimer and carried unanimously, that the staff recommendation be approved, as follows: 1. The County Commission authorize the "201" Consultants (Smally, Wellford & Nalven, Inc.) to conduct a review and prepare an analysis and report of the City of Naples amended plan for Service Area "B". 2. This authorization be contingent upon the City of Naples agreeing to fund the entire cost or local share (whichever is appropriate) for the cost of the review and any subse- quent cost related to the procedures necessary to obtain approval for the amended application. 3. The Board of County commissioners agree that, upon receiving their Consultants' analysis and review of the amended plan, that they will give consideration to the further steps necessary to proceed with processing the amended plan through the DER and EP~ Agencies. There were a few brief comments made with regard to the apparent difference of opinion between the City and the County pertaining to the pag e 41 ."-",~;..",.,~.,;;..";,;,',"",,,,,..._,,"' ""~"","""".~""k.,,,,,';;~;_'.',",,._.",,,¡,,..;_._'''''''ß_''''.....".."_____._,~___.o._____'__....__...._.....,, ~_. ..ii', ><:0- : t'~'~ , : ..~~~':#~'J..' . . ~ ..:J¡!J:,~. _.>.- h' '...~;.. ,. 1'..-.. _~... ,..._~"........_ .........................._..................--.'~,., ,...--..'.-..-........J- ,_................ April 7, 1981 six-laning of Goodlette Road during which Commissioner Wimer expressed his desire that such differences he presented to the Board. APPLICATIONS FOR LICENSE TO CARRY CONCEALED PISTOL - APPROVED FOR MESSRS. T. LUKAS, R. C. COX, ANn R. J. COX Pursuant to staff reco~mendation set forth in the Executive Summary date~ March ~7, 1981, Commissioner Wenzel moved, seconded by Commissioner Wimer ð~d unanimously carried, that the applications for Permit to Carry a Concealed Pistol be approved, as follows: Permit No. 81-5 Ted Lukas Permit No. 81-1'; Ralph J. Cox Permit No. 81-7 Ralph C. Cox QUIT CLAIM DEED FOR RELEASE OF LOTS M, N, P, ^ND R, BLOCK F, ROYAL PALM GOLF ESTATf.S - AUTHORIZED FOR CHAIRMAN'S SIGNATURE Public Works Administrator/Engineer Clifford Barksdale recalled that on March 17, 1981 the Board of County Commissioners approved an Irrevocable Letter of Credit and the execution of a Quit Claim Deed to release various lots within Royal Palm Golf Estates. The developer of the subdivision inadvertently omitted from consideration Lots M, N, P, and R, of Block F, said Mr. Barksdale, and are now requesting their release. He said that the Engineering Department has reviewed the request and recommends the execution of the Quit Claim pertaining to the subject lots. Commissioner Wimer moved, seconded by Commissioner Wenzel and unanimously carried, that the Chairman be authorized to execute the Quit Claim Deed for the release of Lots M, N, P, and R, Block F, of Royal Palm Golf Estates Replat. ; I '.'.. ..J 'BOOK 060 PACE62:[ Page 42 ------- ---.-..---.----.----.--.....----- ....~ ~-_.__.._-...... --.' ........-.-.------ . " ~, . . , .J. '/' ',1':.. , o. ....c' " " .,.r . .. ~ I ~- ~. " i;; ... "j l."" ~."..,_;"'~."',>O.._"__....__._..___ "'" .,.;;---~,.._--_.,.,......; "·~:'Jit\:~.::1.r" , .. ... " -~, ~. .- r ) r ,.,. .' J. ' , " . . . _____ ._......__.__.__ ..«1_........ ...._... _. .._ ..:... ........ . _... ...1_ ...__....!. -, ---.....-..-- ---- ---..-"'"--..-...... &OOK 060 PACE62.2 April 7, 1981 BID NO. 476 FOR PURCHASE OF MICROFILM PROCESSOR FOR USE BY CLERK OF COURTS _ AWARDED TO EASTMAN KODAK COMPANY IN THE AMOUNT OF $9,112 Legal notice ~aving been published in the Naples Daily News on February l7 and 19, 1981 as evidenced by Affidavit of publication filed with the Clerk, bids with regard to Bid No. 476 were received until March 4, 1981 for furnishing and delivering one Microfilm Processor for use by the Clerk of Courts. As recommended by staff in the Executive Summary dated March 30, 1981, COMmissioner Wimer moved, seconded by Commissioner Kruse and carried unanimously, that Bid No. 47~ for furnishing and delivering one prostart II Microfilm Processor be awarded to the Eastman Kodak Company In th~ ðmount of ~?,llJ, ~nd th3t th2 ChairmAn h~ Authorized to execute, and the Clerk to attest, the resulting Agreement. REQUEST BY YOUTH GUIDANCE DIRECTOR TO PROCEED WITH PLANS FOR OPERATION OF ANNUAL SUMMER CAMP FOR YOUTH - APPROVED; SEALED BID PROCESS WAIVED AND PURCHASE OF USED BOAT, MOTOR AND TRAILER - ÁUTHORIZED Youth Guidance Director Angelo Squatrito addressed the Board for the purpose of requesting authorization to proceed with the Youth Guidance Summer Camp Program (William C. Thalheimer Memorial Youth Camp). As contained in the Executive Summary dated March 21, 1981, Mr. Squatrito pointed out that the entire summer camp program will be financed through donations from Mrs. William C. Thalheimer and State funds made available for the underprivileged; however, he said that an advance of up to $4,000 will be needed and which will be received from the State in the Fall. pag e 43 .- _.~--_.- ...--'......"',.~'" ..~;"" "",",..~,,".,,".-,- .--,~." ~ ""'"'_"~"'_""'~"'""."'""_"~_;."~'_">'''''''''.'""'''--'''''''';,"_.",,,-.,'"_....."',-fI-____>l;"'"__~ April 7, 1981 Commissioner Wimer moved, seconded by Commissioner Wenzel and unanimously carried, that the recommendation by Mr. squatrito relative to the Summer Camp Progra~ be approved; and that the additional recommendation to waive the sealed bid process to permit the purchase of a used boat, motor and trailer, under the direction of the Purchasing Department for conformance with the County's Purchasing Policy, be authorized, including the preparation of the needed Budget Amendment. BEPORT BY YOUTK GUIDANCE DIRECTOR ON FUND-RAISING BANQUET Youth Guidance Director Angelo Squatrito apprised the'Board of the details with regard to the Fund-Raising Banquet at the Naples Bath and Tennis Club, commenting that, as listed in the Executive Summary, with the exception of one item, all of the entertainment, programs, door prizes, and the like, are donations. He said that the publicity generated by the banquet will increase volunteerism and community awareness about the progrdm. BOARD APPROVES ACCEPT~NCE OF DON~TION FOR PURCHASE OF VAN FOR USE BY x.0_LJ:rt"-uÇ!!Iº~~cß__gn9_GR.~~ PURSUANT TO RECOMMENDATION Youth Guidance Director Angelo Squatrito explained that a donation has been tendered for the purpose of purchasing a Volkswagen Van from the local who has agreed to provide the van at $l,OOO below the dealer's cost. Mr. Squatrito said that he needs the Board's permission to accept the donation and to take money from his Donation Account to pay for the purchase. County Manager Norman added that one of the advantages of the proposal is that there will be no need to pay sales tax on the vehicle. !}t'" ¡ , (\, ." .~:..'.. _-.',. ,_I BOOK 060 PACE6Z3 pag e 44 ~ -'---'" ." . - - - --..... .. .....".~ . ~ -....-. .-... --.. . '"' .. -.- ... ... ( " "0.- ," ,,~ -;,. .' ..' ... 7'·' , ,:/~..: i~:' ·~,i .~",~...,'.)t.~··...:,. ' ,--,"-,..... ~ .. I, ;. \,f : t, ... -..' ," ,I , r' ,I , . ._______~..._..._ _....; .-....-4'-... . . . . ... . . . . . .. --..- .... ... --- _.... .-.... - ----..'-.... ... ~io6K 060 rACE 824- April 7, 1981 , . Commissioner Wi~er moved, seconded by Commissio~er Wenzel and, carried by unan1mous vote, that the subject donation be accepted, the bid process be waived, and the purchase authorized, pursuant to recom- mendation. ORDINANCE 61-18 REPEALING ORDIN~NCE 70-8 TO FACILITATE ENACTMENT OF BUILDING CODES -_~OP~~ FOLLOWI~~~~~ION OF EMERGENCY County Attorney pickworth brought before the Board a proposed ordinance the adoption of which is necessary due to a problem which arose the previous week relative to the adoption of the Building Code. Due to the fact that a cOPï of the Qrdinance was not included in the agenda package, he read aloud the subject ordinance which he said repeals an old ordinance, Ordinance 70-6, and section 2 of Chapter 72-1233 Laws of Florida which is a Special Act applicable to Collier County and which purports to establish some different requirements for the enactment of Building Codes other than that provided by General Law. Following County Manager Norman's explanation of the need for the ordinance to be adopted under emergency procedure, Commissioner Wimer moved, seconded by Commissioner Kruse and unanimously carried, that an emergency exists. Commissioner Wimer move to accept the staff recommendation and that Ordinance 81-18, as read by Attorney Pickworth, be adopted and entered into Ordinance BOOK No.1:. The motion was seconded by Commissioner Kruse and unanimously carried. Page 4S :'t~; f' ' t'l:l·,,' , _...__._.....""...___w~".~..~··~" -. "",,,,,,,,,,,._,,_,,",>_"·m""~_"',",·,'''''''''''''''''''''-'''_'''_ &. ~~.......... April 7, 1981 .QEQ.I !!"~!tC E 8 1-18 , AN E~ERGENCY ORDINANCE REPE~LINC COLLIER COUNTY ORDINANCE NO. 70-8 AND ~ECTION 2 OF CHAPTER 67-1233, LAWS OF FLORIDA RELATING TO ADOPTION OR ^~P,NDMENT OF A BUILDING COOE FOR COLLtP.R COUNTY; DECL~RING AN P.MERGENCY TO EXIST AND PROVIDING ~N EFFECTIVE D~TE. ROUTINE BILLS_=-^-PPROVED FOR PAYMENT Commissioner Wenzel moved, seconded by Commissioner Wimer and carried by unanimous vote, that the bills, having been processed following established procedure with funds available, be approved for payment as witnessed by the following checks issued from April 1, 1981 through April 7, 1981. ACCOUNT CHECK NOS. 6355 - 6538 CETA Payroll County Checks 28207 - 28241 BUDGET AMENDMENT 81-81 TRANSFERRING FUNDS FOR REP~IR AND MAINTENANCE OF !..QU!!'MENT JS:.IV~_p~FENSEL.:_!,DOPTED~_ T~_MO~_IiT _.OF. ~~U--. Commissioner Wimer moved, seconded hy Commissioner Wenzel and carried by unanimou~ vote, that Budget ~mendm~nt ~,-nlr tr~nsferring funds for the repair and maintenance of equipment to more accurately reflect expenditures with regard to the Civil Defense Department, be adopted in L~~ ~~ount of $183. '",j" ." -}'.~ ~ ' .:1U.'. . ',I 'í" ',j BODK œo PACE 625 Page 46 {"' ,', " 1 ' \.,,: . ! \,",'. ~, . \... \ " . ..... - ~ . -' -- .... - ....... _.. ._. ... , .,..". "',' "::~ , , .; :;.--':- . J -..i ,.... ......._..~,-"~'",~,, "..""".....-...-.---",." """""""~,,,,,j,._--- Apt 1.1. J, J.~(H CHAIRMAN AUTHORIZED TO SIGN CERTIFICATES FOR.~9~EC.!!?N TO TAX ROLLS Commissioner Wimer moved, seconded by Commissioner Wenzo1 and unanimously carried, that the Chairman be authorized to sign the following Certificates for Correction to the Tax Rolls: 1980 Tangible Personal property NOS. DATE - 1980-8'5 - 88 3/25/80 1980-89 - 90 3/30/81 1980-91 - 95 4/1/81 1980-95 - 97 4/1/81 1980-98 - 99 4/3/131 581'; 3/25/81 527 - 628 3/19/81 438 - 442 3/17/81 462 3/18/81 457 - 458 3/19/81 460 461 3/19/8l 463 - 464 3/19/81 469 3/19/81 4(}5 - 468 3/20/81 469 - 471 3/23/81 472 - 473 3/25/81 476 3/27/81 1978 Tax Roll 1979 Tax Roll 1980 Tax Roll MS. SYLVIA MOLL APPOINTED TO PELICAN BAY IMPROVEMENT DISTRICT BOARD OF SUPERVISORS TO FILL EXISTING VACANCY -~--- . _.---_.- ..- - -"-" Commissioner Wimer move~, seconded by Commissioner ~rown and carried by unanimous vote, that Ms. Sylvia Moll be appointed to the Pelican Bay Improvement District Board of Supervisors to fill the vacancy created by the resignation of Ms, Elinor Wenzel, pursuant to nomination set forth in the letter to the Board dated April 1, 1981 from Gary Moyer, District Manager, Pelican Bay Improvement District. BOARD ACTION R~ RESIGNATION OF LOUIS CAPEK FROM VARIOUS COUNTY ADVISORY BOARDS EFFECTIVE 6/9/81 - DEFERRED TO SUBJECT DATE Commissioner Wimer moved that the resignation of Mr. Louis Capek , " , \ Page 47 BOOK 060 PACE6Z7. " -.-...--.'. . -.- ...---.' .....,.---..-. . ___. _~.___ - __ _' 0'- __ .____ -~.... .- "'--'- -. ._- i " .,. "', .j I " ~- ......- . 'I..,' : ,~,{ . f..' . ' ._J~', , .. . ~ " .... . ,,' , r' _,I.. ..... ,. J , . . ___________-___....._.___ - .___If.....<II ____.........-If :t ~OO~ 060 PACE 628 T\pdl 7, 19:H from various county'àdvisory,boards be regretfullY accepted. When it was pointed out. by the Chairman that the effective date of the resignation will b~ June 9, 1981, as contained in Mr. Capek's letter dated March 26, 19B1, it was the consensus of the Board members that the matter be deferred until that date, whereupon Commissioner Wimer withdrew his motion. BIOLOGIChL ASSESSMENT RE DER FILE NO. 11-38793-SE - RIP RAP RE TARPON BAY READ INTO RECORD; DER TO RECEIVE PROPER NOTIFICATION In the absence of Environmental Consultant Jay Harmic, Administrative Aide Grace Spaulding read into the record the DER Bioloqical hssessment, File No. ll-3B793-5£ relative to Rip Rap, Tarpon Bay, dated March 27, 19B1, Ms. Spaulding said that Dr. Harmic recom- mended approval of the Biological Assessment and asked that an appropriate notice be sent to DER. Chairman pistor said that the staff would be directed to do so. Pag e 4 R &'. ' lit'.;. '....~' '" .-.,-.........----- -_....",,,.~"'""-,....."""''''',,.~._''-_.,,-_..,~' ^pril 7, 1981 L~KE TRAFFORD ME~ORl~L r.AnDENS CEMETERY DEEDS NOS. 263, 264, 265, AND 266 _ RECORDED AND FILED FOR THE ~ORD- pursuant to action of the Board January 10, 1978 wherein the Chair~an was authorized to si0n various deeds to Lake Trafford Memorial Gardens Cemetery lots as the need arises, the following Deeds numbered 2fi3, 2fi4, 265, and 266 were r~corded and filed for the record. BOOK 050 rAcE63f ;;i .. ~~~',{i~ Page 49 "~q. , , , ! ;1 I .. ~ I .. ~- - --" , . ,;' . . " .J , " , ' ','" .,.., T" . -C' f, . ~.."..,",-",".~, -,",._........,~"".__.~... '. 4 ~~~~~r' rTT··~~~:·' '<~~~š'~:~i:;:.:[", ~'iiò':"'" . . ~~..or:"".~:~~;" ... ~ .. .~,ro::r::t,:~:¿~: " ..~ . , . r' - - . ___ __. - _._... .. - . ... . . . - . .. h' I __. _..:..... .. It. &OOK 060 fACE 63S April 7, 1981 MISCELLANEOUS COnRE$PO~DENCE - FILED AND/OR REFERRED There being no objection, the Chair direc~ed that the following correspondence be filed and/or referred to the various departments as indicated: 1. Letter dated March 31, 1901 from John 5. Nagel supporting the candidacy of Ms. Denise L. Coleman as Director of the Florida Cooperative Extension Service - Filed. 2. Resolution received April 3, 1981 from the Board of Governors, Ville de Marco West Condominium Assn. Inc., regarding open sewer located in the driveway of the Marco Island Inn - Referred to Utilities Manager 4/6/81; Filed. 3. Notice dated March 20, 1981 from Evelyn K. James, Vice-President, Marlyn Steel products, Inc., pertaining to materials which were furnished to Raber Industries, Inc. for Multi-purpose Senior Center - Referred to Fiscal Officer 4/2/81; Filed, I I 4. L~tter dated March 23, 1981 from Gertrude G. Costello regarding Lien 1186-80 on Naples Park property (Unit 6, Block 35, Lot 33) pertaining to nuisance abatement and respectfully requesting reconsideration of decision made during 2/3/81 BCC meeting wherein the Board considered settling for $260 on the Lien of $410 - Referred to County Manager 3/3l/Bl; Filed. 5. Copy of the Minutes of the Regular Meeting of the Naples City Council held March lB, 1981 - Filed. 6. Polizzi/Heery Project Status Report (predesign/programming) for pcriod cnding March 13, 1981 - Filed. 7. Departmental Reports: Zoning (2) for month of January, 1981 and for ~onth of February, 1981; Building Maintenance for month of february, 1981 - Filed. 8. Memorandum dated April 1, 1981 from Fiscal Officer re Insurance Coverage for American Ambulance for the Period of April 1 to April 6, 1981, and attachments - Filed. 9. PSC Notices of Commission Hearings, as follows: (Filed) A. Florida Power and Light Company - Docket 8l0002-EU (Tallahassee) B. Florida Power and tight Company - Docket 8l0002-EU (Various locations) C. Southern Bell Telephone and Telegraph Company - Docket 810035-TP (Tallahassee) Page 50 ---,.-..---..... .' ..~ ....-..-....... .....,.----.... -._---~.' , .,_.~ "':.~-:J:.~:.....~/~~ :~:·r~~f<"· . " .- ~\~~~.~* . ~ ~r~'" .. ' .. ,... ,. ~. .-... . þ.prll 7, 19ß1 D. Southern Bell Telephone and Telegraph Company - Docket Al0035-TP (Various locðtlons) E. Miller Gas Company - Docket a004l7-GU 10. Polizzi/Heery Project Status Report (predesign/programming) for period ending March 27, 19A1 - Fileò. 11. Letter rlated March 2fi, 1991 from Attorney Richard D. Sparkman rapresenting the Isle of Capri Civic Association, setting forth their objections to the williams Capri Marina, Inc. plans which will be heard before the EAC 4/15/81 - xc zoning Director, Community Development ~dministrator, and County Manager; Filed. ' 12. Minutes of Golden Gate Fire Control District Advisory Committee meeting of 3/9/81 - Filed. . . * . . . . There being no further business for the good of the County, the meeting was adjourned by order of the Chair - Time: 2:55 P.M. BOARD OF COUNTY COMMISSIONERS/EX OFFICIO GOVERING BOARD(S) OF SPECIAL DISTRICTS U"DE~~S ~~ . pistor, Chairman , " ":~~I"'~ . ,.."",... , ~.( .,,;~..i .,....... J·t ," , ~ '('\'ù'~'nD "', ~.'~, Or ...;;c:;.. . /\ I.... .,...,. . ,....., .... ,,. "';"'. . ;,¡. '~: _ l' ~ -c..,':" -- .-- - - .. ..,..,...'. ,..'- .. .,:; : . iJ~ .- -;. 'to.,.: ", 't{A--:':' ; -" ':~.~,;, ;..w.'....., ::00- /' . '(',....,.- ~ i/1>f..., .... /'1 ',... ~ :-:~.:. ..'.' . \. ,,.... . " t;' l: 'J,C\ bOO~ ~ PACE 637 Page 51 '.. 1 '~"-"-""J'-'-'-. ., . . ... . - .. .- - . - - - ~..~". .- " .r . :';~?~;;:;~ìí . :; ~,?~,~""I.t '¡;H~'tt!!J;/ ",.::¡~~f.. ' ---,---,--..=--.."..",-",""