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BCC Minutes 02/03/1981 R , .;~~ ",...~ ;::s:.~' -, ",. "".. .~ . '-'111 "'?>:~-,'", :;:'o~~'.~. . ; .' '. ',' "'l;'.i!\ "~ . .::~_:'-_:'~' ,'~:.~?~~f: .. .}; .. Naples,'Florida, February 3,1981 , , LET IT BE REMEMBERED, that the Board of County Commisioners in and - for the County of Collier, and also acting a~ the Governing Board(s) of such spe~ial districts as have been created according to law and having conducted business herein, met on this date at 9:00 A.M. in Regular session in Building "F" of the Courthouse Complex with the following members present: , CHAIRMAN: John A. pistor VICF.-CJll\IRMMI: clifford wenzel C.R. "Russ" Wimer Mary-Frances Kruse Dav id C. Brown ALSO PRESENT: William J. Reagan, Clerk; HarQld L. Hall, Chief Deputy Clerk/Fiscal Officer; Darlene Davidson and Edna Brenneman (l:~O P,M.), Deputy Clerks; ~. William Norman, County Manager; Irving Berzon, Utility Division Director; Clifford Barksdale, public Works l\dministrator/County Engineer; Terry Virta, Community Devlopment Administrator; Lee Layna, Planner; Jeffory Perry, Zoning Director, Neil Dorrill, l\dministrative l\ssistant to the County ~3nager; Tom Hafner, Public Safety l\dministator; Donald pickworth, County l\ttorney, Kerry McQuinn, Assistant Co~nty Attorney; Grace Spaulding, Administrative Aide to the Board, and Peputy Chief Raymond Barnett, Sheriff's Department. '. ".. 059 '~ :"111 rACE . "'.. ,', " . " , , . ---...-....--- _~,_,~_.~...~..__~,~._~_'~."h"~.~.._^_".__' ..--..- ',-;'. ~' ..' :<""f ,,~ -/~' c.~ -",,:;4,' .* ~ ',' ': by William Vines representing Caxambns Realty, requesting rezoning from "A" Agriculture, "GC" Golf Course and ""'HRP" "'obile lIome Rental park to "pud" planned Unit Development for property known as Shamrock Golf and Country Club. Planner Lee Layne described the subject property and outlined,its general focation as lying betweE'n Barefoot Williams Road, Tower Road, SR-9Sl and US 4l. She said that the developer wishes to develop the property as a golf c~urse and multifamily development with 740 units. Ms. Layne referred to the Executive Summary, dated 1/19/81 and read the contents thereof, including the following changes to the PUD document that the Cl\PC recommended related .to the subject development: 1. The staff recommended stipulation concerning the surfacing of Rarefoot williams Road and Tower Road wo5 eliminated; the Cl\PC feels that should he handle~ as any other surfacing thr~ugh the MSTD method. 2. The staff stipulation concerning dedication of right- of-way was changed to read as foll~ws: "If needed, half (l/?) of the difference between existing right-of-way and l3S' shall be dedicated along the east property line for the four laning of SR-95l with no structures to be located within CS' of the existing right-of-wa,. Any further acquisition of right-of-way in excess of l~5' shall be by purchase by the governmental ~gency." Ms. Layne added that the developer has also agreed to deed water and sewe~ facilities to the County Water/Sewer Pistrict; and, in conjunction with the property to the south, to provide a site and erect a fire station in this immedlat~ vicinity subject to the building specifications of the Bast Naples Fire District. Rhe also said that the stipulation requiring the developer to reserve l/'- additional parking space in grassed areas for future parking if needed was inserted into the PUD Document by the CAPe, who has forwarded Petition R-BO-3BC with a recommendation of approval subject to the amendments "-..- } -:.:. ':.t' '., . ,} "c..J ..f. ..aDcx 059. rAc( 73 ,'~~ ;.'.'. ."~~ 1;; ,oil': " . . , , , . '.' :~~ described above. BOOK 059 PACE 74 During a brief discussion regarding the stipulation for the 1/2 parking space that is to be reserved, Commissioner Wenzel asked why the developer is not requi,red to construct 2 parking spaces as required within the zoning Ordinance. Ms. Layne explained that the Zoning Ordinance now allows the developer to request that only 1-1/2 spaces be constructed immediately per unit, and that the remaining 1/2 space be reserved until a need is established. She said that this enables the '.. " developer to incorporate more open space in a developement, until such time as it is deterMined that more parking spaces are needed. Commissioner wimer asked who makes that determination and Mr. William vines, acting as agent for the developer, said that this is determined by the residents and that the cost of developing those reserved 1/2 spaces is borne by those residents and not by the developer. In answer to Commissionr Wimer, Mr. Vines said that the resurfaCing of B~rcfoot WilliaMs Road and Tower Road was deleted as a responsibility of the developer because Barefoot williams Road is not part of the project's access plans and that because th<re is no way to deterMine the cost of tile resurf/lcing at this time, it was decided that it is not reason~ble to bind the developer to an "unknown" and "future" Monetary commitment; a more even distribution of costs will result if the 5tand~rd ~STD Method is used. He said that in this way all affected property owners will pay their apportioned cost, If and when the resurfacing is needed. Mr. Vines further explained that although the antici?ated widening of SR 951 presents a real need for the dedication of land by the developer, the actual amounts of land required is not known'at this time; therefore the ChPC has deemed what is felt to be an appropriate "gift" for that purpose by the developer as outlined e~{lier by Ms. Layne. Ms. Layne added that the developer has agreed to providing, at his expense, the following: - 1. h northbound left-turn l~ne and a southbound right-turn lane, unless lanes have already been provided through the four-laning of SR 951. These lanes are to be con- structed prior to the issuance of any certificates of occupancy. 2. A traffic signal on SR 95l when deemed warranted by the County F.ngineer. After installation, the sign~l shall be owned, operated and maintained by Collier county. Commissioner Brown co~plimented the Planning staff for the manner in which most concerns were worked out between the developer and the County prior to this puhlic hearing, and hearing that there were no re9istereo spenkers who wished to address the subject petition, he moved to close the public hearing. Commissioner pistor seconded the motion which carried unanimously. Ccmmlssioner Brown moved, seconded by Commissioner Kruse and carried unanimously, that the Ordinance as numhered and entitled below be adopted, subJect to the amendments to the PUD Jocument recommended by the Cl\PC; and, that the Petitioner's l\greement to stipulations be accepted. ORDINANCE el-4 AN ORDINl\NCF. I\,.,F.NDING ORDINl\NCF. 71':-10, THE CO,.,PRF.IIENSIVE ZONING RF.GULl\TIONS FOR THE llNINCORPORIITED AREA OF TilE COl\STl\L l\REA PLl\NNING DISTRICT, BY IIMENDING THE ?ONING l\TLl\S ~'l\P NLJMBF.R 5l-'''-2 BY CIIM1GING TilE ZONING CL1\5SI- FICl\TION FROM "A" 1\GRICULTURr., "GC" GOLF C.OURSE AND "MIlRP" MOBILE nOME RENTl\L Pl\RK TO "PUD" PLl\NNED UNIT DEVELOP"'ENT IN l\ PORTION OF SF.CTIONS 3 ~ 4, TOWNSHIP 5l SOUT>>, R1\NGE '6 El\ST LOCIITED AT THF. JNTERSr.CTJON OF US 41 IIND SR 951, 1\ND BY PROVIDING AN EFFECTIVE Dl\TE. .~ .,.~ 'f: &OoK 059 rAtE 75 :i~ -i'; . >~ :.,.~ ..-.,..~_._~.._~.~.~----'_....._.,.. , " .~' '. . ~~~~ 4. Lengthen the left turn storage lane for south-bound traffic from 150' to 300'. S. When warranted, a full operating traffic signal shall be installed ~t the intcrsection. G. Donate necessary additional right-of-way within its ownership along SR-95l for future four-laning. 7. l\dditional i~provements along qSl which the County feels will mitigate any adverse impacts caused by this project. Ms. Layne said that the first four of the above referenced improvements will be pr~vided by the developer when construction begins; the last three will have to be provided before more than 500 units are con- structed at the proposed project. She added that the Petitioner has also agreed to construct additional raw water transmission facilities from the rock pit southward along SR 9Sl to the Marco Island Water , Treatment plant by 19A4. Ms. Layne reported that the Cl\PC recommended forwarding the subject Petition to the Board with a reCOMmendation of approval, subject to the stipulations concerning the traffic and raw water transmission facilities by a vote of d/3. She said that the dissenting votes were because of "piecemealing"., "traffic" and the "number of units". In answer to ComMissioner Wimer, Utility Director eerzon stated that he was satisfied with the terms of the aforemcntioned stipulations regarding the raw water transr.ission facilities. Commissioner Wenzel asked Ms. Layne if therc was a possilbility of the density bein9 reduced even further than anticipated due to the large aMounts of land that may prove undevelopable within the subject property. Ms. Layne replied affirmatively. However, she noted that a~cordin9 to the ter.. . o{ the aMendment to the PUP that the devloper wishes to have included in said document, the developer could request and subsequently receive permission from the Board to increase the density when 500 units have b~en constructed and they come back before the Poard for review. Mr. Jim l\pthorp, representing Oeltona Corporation referred to a document entitled ^mendment to Page 2-l of Marco Shores PUD Document, a copy of which he distributed to each Commissioner and the the Clerk. After giving a brief history of the subject Petition, including the various entities before which the petition has been carefully reviewed Mr. l\pthorp ~riefly addressed the status of the suhject property including the fact that there are no mangroves; no wetlands; and no "ST" lands involved. He said that in light of all the concerns that have been brought forth by all the advisory boards, the developer has worked hard to address each objection and that the developer and the Collier County Conservancy ha~ developed what he feels is an appro- priate amendment which addresses all of these concerns. At the request of County l\ttorney Pickworth, Mr. l\pthorp went over each paragraph of the amendMent and explained what they mean in rela- tion to the BCC review that the devloper will see~ at the completion of 500 units. County Manager ~orman referred to Exibit J, entitled Proposed Traffic Conditions For ~arco Shores "olf Course pun Zoning Ordinance. He said that as he understands the last paragraph of said document the requirement for the donation of :ands for the four-lanlng of SR 951 from the developer only relates to that portion of property that lies within the holdings of the developer that is a part of the subject project. He asked if there is any provision for land that may be sold in the interim period bofore the four-laning of SR qSl commences. Mr. ~ 059 PAtf 83 . ,)'. 'r ...... '0 '~"~' , :-<';f~ ~; l:'i .>.,:"" ',.,:1 ''t.i .:~,~ , . ,,'j &Oo~ 059 rACE 84 l\pthorp said that this commitment only relates to property owned by Deltona, however, he added, it Is Deltona's intent to donate whatever land is needed from its holdings. lie said that Oeltona would donate the land now if it were possiblo to determine what amount of land is required. When asked if he would be agreeable to deed restrictions that would stipulate that lands were promised to the County for the widening of SR 9Sl, Mr. Apthorp said that this is not necessary as the :~ ' '.~. , " " " amendment alre~dy indicates that the required lands will be from all of Deltona's holdings. After a brief description of the raw water transmission facilltes that Deltona is to dona~e to the County, and in answer to Mr. Berzon's concern regarding the ownership of the land where the well field Is located that will provide raw water to the subject project, "'r. ^pt~o~p said that while this land is leased for 20 years, at this tiMe, if there were any problems in renewing that lease, there is legal basis on which to 'nitiate condemnation proceedings as the utilities is con- sidered a Public Utility. There was further discussion r~garding the density of the proposed development and Mr. l\pthorp reminded the Board that the planned density is in compliance with the County's Master Land Use Plan. Community Development l\dministrator Terry Virta said that he feels that he has not had ample timp in which to study the Amendment, to page 2-l of the PUD Ordinance, and that the Planning Staff does not find the language as precise as it could be, and County l\ttorney pickworth agreed. Mr. Pickworth said that he would have no objectloh to working with representatives from Oeltona in an effort to Insert the proper . verbage, and he suggested that perhaps the Board could approve the - :'1 ,'t subject petition in concept today. He said that he is not uncomfort- able with the contents of the document, simply the wording. Commissioner Brown said that he did not wish to continue this matter ~ny more than necessLry, and asked if Mr. pickworth would like Mr. Apthorp to cover any areas that seemed to pose a problem. Mr. Pickworth declined, adding that he did not wish to take up time during a meeting to go over the verbage of a document. Mr. Apthorp said that this document has been worked on at length for over a week and that he would favor the Board adopting the run Ordinance with both of the aforementioned amendments, subject to Deltona coming back to the BCC with acceptable language for the one amendment next week. The following persons spoke in opposItion to the approval of the subject Petition: l. Mr. Leigh Plummer, representing the Marco Island Civic l\ssociation. 2. Charlotte westman, represting the League of Women Voters of Collier County. 3. J. L. Dutton, property owner along SR Q5l. 4. Franklin l\dams, President of Izaak Walton League of l\merica, Cypress Chapter. . *********RECESS - TTME: l0:'S A.M. to lO:3S l\.~..****...... Mr. Bernie Yokel, representing the collier County Conservancy, explained the Conservancy's point of view in dealing with the subject project. lie sa id that it has al ways been the intent of the Conservancy to conserve the valuable wetlands associated with this particular project and he added that he believes that because of the recent ~ ;; 'oOK 059 rACE 85 .,~ <~ "~ :~ ] .I~ ,:", , '~~ : ", :t~ /:.~~~~ ,":.'" '. I \, I')', '. ~~ ,,~ :~~ ;;~<t ,~, '.~ , aOOK 059 PACE 86 efforts on the part of both the developer and tho Conserv~ncy there has been significant progress made toward the flexibility of the use of! these lands. He referred to the ~mendment to Page 2-1 of the "'arco Shores PUD Document that has been developed as a result of the recent meetings attended by both representatives of the Conservancy and the developer of Marco Shores. Mr. Yokel said that although he Is pleased with the progress made, "he feels that because of the tight time schedule, there are still some problems related with the specific language within the subject amendment, and that it is his recommendation that this matter be continued until the Conservancy, the County ^ttorney , the Planning staff and the developer have the opportunity to work out the exact language of the amendment. commissioner Wenzel asked if the devleoper could include all of unit 30 into the PUD, thus reducing the density significantly, and Commissioner Brown stated that, in his opinion, this would only result in a "ficci~ious re~uction., of density. ^fter a brief discussion regarding the Marco Shores PUD document, Commissioner Brown asked Mr. Yokel if he would be satisfied if the Board were to approve the petition and adopt the PUD Ordinance before the language was clarified within the subject amendment and "'r. Yokel answered negatively. Mr. Yokel said that the Conservancy would have serious problems with the project without the amendment. Noting that another delay could be very expensive to the developer Commissioner Brown asked Mr. Yokel if he would be agreeable to the Board adopting the PUD document, including the amendment, subject to the language clarification being worked out and being approved by all concerned. Mr. Yokel responded negatively, and he urged the foard to give the 'd , '.~ ,!~ Conservancy and the staff more time to work out the lAnguage of the amendment before they took final action. Commissioner Brown ~sked ~r. Apthorp if he Is agreeable to con- tinuing this matter until such time as he and staff, along with ,.,r. Yokel have worked out the language of the Amendment. Mr. ~pthorp responded negatively. He said that he has no objections to the amendment; he would have no objections to a clarification of language of the amendment, if it seems "unclear" to the staff; however, he would request that the ,Board adopt the PUD document with both the traffic amendment recommended by the Cl\PC and the amendment to page 2-1 developed by the Conservancy, suhject to the language being worked out to the approval of staff. He said that he would he willing to come back to the Foard for approval ~f the language when it is fully deve:oped. Jane Carter, speaking as a citizen, opposed the Board taking any acti~n ~n the approval of this rezoning until all' the langu~ge of any amendment is worked out first and all the facts are hefore them. She referred specifically to the dedication of land for the four-laning of SR 9Sl, and asked the Board to make sure the land was dedicated before the rezoning was approved, or, that there was some form of guarantee that it would he offered to the County and that the developer could not sell off the required right-of-way before the County took ownership. Chairma.l pistor explained some of the problems associated with determining exactly how much land would be required and where that lhnd must be located. He explained that there are ~any "unknown" factors that have yet to be determined by the DOT; these factors will be hased on the the completion of the EIS especially regarding the place~ent of ~~~~ , , " ,,)' , ,.! ,~ ',~'11 , ",1 ~ ';')' ~ ::\ ;;1 ..'.' .. . &OOX 059 rAtE 8B the two additional laneS of tr~ffic; the environment~l problems accociated with the placement of those l~nes; and,tho fact that at this time there is no way to make such a dotermin~tion. J1e further stated that it is likely that the road (~R 951) will not follow ~ straight '., ':'1 line; rather, it will meander from one side of the present lanes to the other. Mr. Apthorp has assured the County that wherover it will lie, Deltona will dedicate the required right-of-way from their holdings, .i i I ;1 I 1 said Com~i~sioner pistor, who added that he did agreed that the possiblity of having some sort of a deed restriction on that land would be wise. Mr. Glen Thornton"representing the area carpenters, spoke in favor of the rezoning and noted that it is his feeling that the objec- tions raised concerning traffic and the environm~ntal effects of surrounding lands owned by the devleper are unrealistic. Mr. John Kescll, representing the Southwest Florida Building Trades Council, spoke in fayor of the rezoning, stating that the members or thn building trades nE'ed this project to re~ain productive County ~lanager Norman reported .that a telephone message of oppos- ition to the subject Petition has been received from Joe Leadabrand, representing the Isle of Capri Civic l\ssoc. based on traffic and hurricane da~age potential. ~r. Steve Martin, speakirJ as a concerned citizen, referred to the "flip-flopping" of recommendations from the various advisory boards regarding the Marco Shores development from the first time they reviewed the Petition to the second time. He /Is~led the Community Development l\dministrator to clarify staff's position on this~propo.ed rezoning, noting that there was some confusion on the part of the public due to all of these changes of recommendations "'r. Vilta responded by saying that his recommendation to the CAPe. was for donia1. In answer to ChairMAn Pistor, Mr. Virta said that this recommendation was based, in part, on the recommendations of the various advisory boards; the required points needed for a favorable recommendation from the plan~ing staff are acquired for each petition through a favorable recommendation from these advisory boards. He further statd that at this time, he is in favor of the concept of the project as it is before the Board tO~3Y, including the amendment to page 7.-1 of the PUD ,. Document although he is concerned with the language in the amendment. There was a lengthy discussion regarding the term "piecemealing" that has been referred to by many of those people opposed to this project, during which Mr. l\pthorp stated that there are no regulations Against "piecemealing", and t~at he considers this to be just a word not a concept. He said that Deltona has nearly l7,OOO acres of land in Collier County and that a great deal of that land is tied up at this time in the permitting processes with the DER and the Corps. He said that the develop"ent of all of this land will he torthconing, as theRe permits are determined; this is not the time to decide how this land will be used. He reviewed the facts as Deltona sees them, specifically covering 'the fact that this proposed project will not require services that will have to be funded by tax dollars, as the roads will remain private; the utilities will he p.ovided; and, he reminded the Board that the property related to the petition before the Board today is not wetlandR, mangrov~s, nor "ST" land. He said that he believes that there is no project in the County that has had more review frOM staff, advisory boards, and the like, than the Marco Shores project, and that &OOlC 059 PACE 89 _~__._.._,,__.m.... ..._..,~.~~- ,')', &OOK 059 PACE 90 ',; he believes that Deltona has consistantly tried to meet all of the concerns raised to the hest of their ability. He asked for approval of this rezoning today. Commissioner Wenzel asked Mr.Apthorp if he would agree to meet with Messrs. Yokel, pickworth, and Virta to review the language In the amendment to rnge ?-l of the PUD Document for Marco Shores and said that the public hearing'coulo be continued to next week. "'r. Apthorp asked for a .conceptual" approval of the amendment from the Board. There was a discussion regarding what action the 80aro would take, during which it was pointeo out by County Manager Norm~n that the granting of the PetitioQ requires the Board to adopt an Oroinance, and that the agreement at issue is in the form of an amendment to that Ordinance; therefore, the Poard could not adopt the Ordin~nce without the amendment being finalized. In answer to Commissioner Brown, l\ttorney Pickworth said that he would recommend that, if the Board concurs :n favor of the approval of the petition, they can give approval to all aspects of the matter with the exception of the amendment today; this would al~ow time for the amendment language to be worked out and then the Board could adopt the Ordinance next week. There was some question as to whether or not to close the public hearing or to continue it until the amendment was finalized and presented to the Board, during which County Manager Sorman suggested that the public henring be closed. Commissioner Brown moved, seconded by Commissioner Kruse that the public hearing be closed. Mrs. Charlotte Westman spoke in_opposition to the approval of the petition until all aspects of the amendment are ~ worked out satisfactorily, and said that the League is opposed to the ,{ :~ ~ ..~~~ petition as it is now before the Board., of the amendment that she opposed. Commissioner Wimer said that he thought that the Planning staff made a~ independent study and subsequent recommendation regarding rezoni~g petitions, and said that he was concerned with the statement that Mr. 'Virta made earlier that his recommendation was based on the recommendations for denial from the advisory boards. Mr. virta explained the point system set out In the Zoning Ordinance and the criteria required to earn that amount of points necessary for the staff to recommend approval. He said that the staff makes it recommendations to the Cl\PC; that his was a recommendation of denial; and that the C^PC reviewed the Marco Shores Petition and suhsequently, forwarded a She also referred to rortions . recommendatl~n for approval. Upon call for the question , the motion to close the public hearing carried un~nimously. Cc,,:)missioner Brown asked I'r. pickworth to recoml'lend the appro- priate wording for a motion in ord~r to grant Petition R-eO-~O-C, including the amendment to page '-l; the latter is to be approved in concept only until the language is finalized. Attorney pickworth recommended that the Board approve all aspects of Petition R-PO-4n-C, with the exception of the amendment to Page '-l of the I'arcn Shores ru~ Document; the final voting on the adoption of the Ordinance is to he scheduled for 2/l0/8l, thus, allowing for the finalization of the language within the subject amendement prior to its adoption. Commis- sioner Brown so moved, and after aSking if the language that is to be worked out will include all the points of concern brought out in today's meeting, i.e. deed restrictions, etc., and upon hearing frOM &OaK 059 PACE 9f .'~ . , " -'I)' . . &OOK 059 PACE 92 l\ttorney pickworth that all these matters will be considered, Commissioner Kruse seconded the motion which carried ~/l, with Commissioner Wenzel voting in opposition. ***Comnissioner Brown left the meeting at this time - 11:27 A.M.*** PETITION SMP-80-7C, nELTONA CORPORATION, RE0UESTING SUBDIVISION ~^STER PLAN l\PPROVl\L FOR rROPERTY KNO~~ AS ~ARCO SHORES - CONTINUED TO 2/10/81 Legal notice having been published in the ~arco Island Eagle on January lS, 19R1 as evidenced by Affid~vit of Publication filed with the Clerk, public hearing was opened to consider petition SMP-R~-40C, filed by Deltona Corporation, requesting Subdivision Master Plan approval for property known as Marco Shores . planner Lee Layne requested that petition SMP-AO-7C be continued to 2/ln/8l, as it is a conpanion to petition R-BO-40-C, which the Board has just rescheduled for f\nal action to that date. Co~missioner Wenzel so moved, seconded by Commissioner Wimer and carried 4/0, with Commissioner Brow~ not present at the time of the vote. Rf.PORT RE OPf-Rl\TIONS l\T ~l\RCO ISLl\ND INCINERATOR BY PUBLIC WORKS ^~MINISTRl\TOR Al\RKDSl\LE; DISCUSSION THEREOF; NO l\CTION TAKEN Public Works l\dministrator Clifford Barksdale reported that the incinerator located in Marco Island has been shut down until certain repairs can be made at the request of the DER after the first burn at the site by the new owner. He said that the DER has requested this because the incinerator malfunction~d and,thus, did not meet DER regulations for operation. He said that the requ!red parts have been ordered, nnd that the operation of the incinerator will not comMence regulations. Mr. Tom Davis, Engineer for the DER, assured the Board that the . ...io ." , J , ,1 ':'1 ,~ , '-;J. ......, ':" until the DER is satisfied that its operations will meet all present owner is bringing in from the East Coast; that there is no threat to the environment through proper operations at the site; and, that when this incinerator is operating properly there is no smoke nor orders present. Mr. Herbert Savage, resident of Marco Island, spoke in opposition to the Board continuing to allow the new owner to burn hospital waste in the Marco Island incinerator. He said that although he is sure that the DER is capable of monitoring the operation, he sees the problem as a "philisophical" one as this kind of operation and the publicity that it has aroused is ~etriment~l to the reputation of the Island and will have a ne'Jative effect on the tourist industry there. Chairman pistor addressed the inference on the part of the public that the County ceased using the incinerator because it was not functioning by stating that the County decided to no longer use the incinerator on the Island hecause of "capacity. reasons and County ~anger Norman added that another reason was the high cost of fuel. Commissioner pistor said that the incenerator was being used to burn confiscated marijuana, however, this was discontinued because the marijuana burned too hot, and the lining of the incinerator was not designed for that kind of burn. J1e further stated that the East Coast is facing an emergency situation in that there is currently no place for this hospital waste to be burned, and that it is,his understanding 'DOK 059 rACE 93 . ~ ;;, ~ .':--~~~ ".~~1 ,oil" aDDX 059 PAt[ 94 that the Marco Island site will only be used for six months, according to the sales contract with the present owner. Mr. James O. Carter o~jected to the use of the incinerator to burn hospital waste and said that he also objected to the manner in which the sale of the incinerator was conducted; the people of "'arco did not realize that it was for sale nor did they know the terms of the contract that would allow infectious hospital waste to be brought into Marco Island for disposal. He further stated that he did not believe that the contract was legally binding as it did not bear the proper signatures. There was a genera~ discussion regarding the facilities or lack of facilities for disposing of hospital waste in Miami, and throughout Dade and Broward County; the fact that Dade County does not provide its hospitals with a operable incinerator for this purpose; and the like. Dr. Cox, collier County Health Director, stated that if there was ever an~ danger to the health and welfare of the residents of Marco Island related in any way to the operation of the incinerator of ~arco Island and the burning of hospital waste, the people of Collier County would have he,lrd from him before now. He said that he has physically checked out the incinerator and that it is safe when operated properly. He said that he has no fear from the health point of view regarding this operation; it is safe for both the operators and the residents of the island. In answer to Chairman pistor, Dr. Cox said that he is not concerned that any germs or bacteria would be emitted from the smoke stack of the incinerator because there is an afterburner in the stack tht reaches such high temperatures that nothing living could survive. In answer to Commissioner Kruse, he said that the Health oep~rtment , . ,'. , burning the same kind of waste. ~rs. Jane Carter spoke in opposition to the use of the incinerator on thc Island and noted that she is also concerned with the hazardous material being trdnsported while in route to Collier County. Mr. Leigh Plummer, representing the Marco Island Civic l\ssociation, spoke in opposition to the subject operation at the "'arco uses the incinerator in East Naples with no problem at all and they are . Island incinerator due to the "emotional chargc" generated by the issue. Mr. Dave Bruner, speaking as a resident of ~'arco Island spoke in opposition to the burning of pathological ~aterials on Marco Island. He said that the residents want it stopped and said that he believes that the contract with the new ~wner could be considered as non-binding as it is signed by a secretary; has no corporate seal; and is not signed properly by an officer of the corporation. He said that he thinkS that this document could be considered as an offer on the part of the County and that because it is not properly signed, the offer has not been accepted. He also said that according to the County permits issued by the DER, this particular type of waste is not covered as perr:lissllble. He referred to what he termed. .pathological waste" ani! said that this would fall into the Type ~ and that the permit is for Type l,?, and 3 waste only. He also said that he believes that the County did not follow standard advertising procedures wh~n it advertised the incinerator for sale. In answer to commissioner pistor, Mr. Parksdale said that Naples Community Hospital has burned the same kinds of waste at the same incinerator in Marco for over R years, and that the DER has permitted aooi 059 PACE 95 . 'l)" . {~ .,~. :~J ,~~;~ ,~ ~....:> . c:,~~l /,'~~ . BIlex 059 PACE 96 this and has inspected the incinerator during this time. Mr. Davis sai" that the permit for the Marco Island incinerator, dated 9/79 is for Type 0,1,' and 3 waste and does not cover hum~n pathological waste. lie said that legally Mr. Bruner is probably correct and that the permit does not cover that type of waste because the County did not request it; the incinerator is capable of properly burning Type ~ waste. Commissioner wimer said that he understands the feelings of the rcsidcnts rf M~r~o Island and would like to see the operation moved from the Island as soon as possible. In answer to Commissioner pistor, County Attorney pickworth said that he is comfortable with the legality of the contract and that he feels that the County is committed to same. He said that to try to break this contract could put the County in the liable position. After a brief discussion as to what action is needed, if any, it was the consensus of those Members present that the Board will take no action on the matter and the Meeting was recessed for lunch at 1'-:05 P.,... ****The meeting reconvened at l:30 P.M., at which time Deputy Clerk Brenneman replaced Deputy Clerk Davidson..... EXPANSION OF SEWAGE TRF.l\T~F.~T PLl\NT FACILITIES RE GLADES, INC. (CONTINUED FROM l/(,/?l l\GENDl\l - REFERRED TO STl\FF FOR FURTHER REVIEW l\NO RF.CO~MENDl\TION It was mentioned by Chairman pistor that the matter of the expansion of the sewage treatment plant facilities of the Glades, Inc. development was being addressed at this time in order to accommodate those interested persons present. ~ Utilities Division Director Berzon explained that in No~ember of 1980 Glades, Inc. requested the Board to hear their request for ';1 :f: ., j t! '. :.:~ exclusion of the development's facilities from the East Naples sQrvice area - known officially as the South Half of Area B. He said that, in order for the public to be made IIWllre, the request was placed on the ,.... published agenda and emphasized that there has been no action taken to date. Mr. Berzon pointed out that the Executive Summary dated December 1, 1980 ~utlines the situation as it now exists and called upon the developer's representative for a formal presentation of the request. Attorney Harold Smith advised that the main reason for requesting an exemption is because the plant is ~ new sewer treatment facility which has just been constructed at a very high cost and the developer would like to be able to work with the County to set up an agreement which would allow them to, essentially, work for the benefit of everyone involved. lie said thift it is a complicated matter IInd not something to be decided on a quick basis without further study. Some of the reasons for proceeding with the construction, said Attorney S~ith, were the lack of regional facilities and the need for irrigation water. lie noted that the !'latter has been explained in more detail in his letter to the Board members dated December 10, l~PO. In conclusion, l\ttorney Smith said that he and the developers would like to have some guidelines set up by the County staff and urged the ~oard to permit thel'1 to go further into the day-to-day details with the appropriate staff members. Commissioner Wenzel suggested that the question COUld be resolved by the developer accepting a franchise similar to those i~ existence elsewhere in the County; however, he said that it would have to bo a County franchise. Attorney Smith pointed out that, in his opinion, the < ,.", ~ 059 rACE 97 t" .::: ':-" ~7~ ,.~ .....~ '.:<,Jji -:t"i Y:j >~ 3] .\)', <.-' . ", '., .~ --<;, 'l",;i '..V~' 1 '3~~ . ' aonx 059 rACE 98 stnndard franchise does not apply"in the situDtion under discussion an~ said that he would prefer an agreement. Commissioner Wenzel moved that it is the feeling of the Board that the franchise idea would be acceptable provided that it meets all of the criteria of the staff. The motion died for lack of a second. , '", "~~ "'~<~ <~,~ "",< ,~'O: i 1 , Mr. Berzon voiced the opinion that it would be extremely premature for the 80ard to take any specific action other than to direct the i I I rlppropri~t~ ~taff meMb~rs to delve into the matter and report back to the Board with a recommendation as to how it can best be handled. He pointed out that the area in question is identified as part of the Federal "20l" study for,the Naples sewage treatment plant expansion and, by violating that plan, there could be complicated legal problems including the possibility of jeopardizing grants for the treatment facility. He further suggested that a precedent could be initiated which could lead to additional problems and urged the Board not to act in haste. County pttorney pickworth said that there were some subtle differences of emphasis being discu~sed which are crucial - notably that it is his understanding that the Board is being asked to make the ultimate decision immediately as to exempting the Glades from the aforementioned District following which the staff would be directed to work out the details. He citnd an example of how staff direction can be misinterpreted and asked that the Board's action be clearly' understood. Mr. Stanley Hole, of Hole, foIontes Associates, Inc., project engineers, observed that the Glades has constructed and been permitted - 'V" a large advance wastewater treatment plant, one of its purposes being " ~< ,i;;"" ,~'" , }~rJ ....'. ...~,., to recycle water for irrigation purposes. He s~id that concept, as opposed to alternate methods of discharge, receives his support. folr. Harrison lIubschman, of the Glades, Inc., stilted his opposition to the basic franchise agreement of the County which, he said, contains ,,' . points which can never be agreed to - i.e. that the Glades' system be made ineffective by the regional system. lie said it is their desire to keep the system independent, irregardless of whether or not it is operated by the developers, or ,sold and operated by another entity, in order that the water resource is kept on the property. "'r. Hu~schman asked that a decision be made as to whether or not the staff is willing to work toward an agreement or to "stick to their franchise and demand that we meet their requirements". It was pointed out by Attorney pickworth that the staff works for the Board of County Commissioners who ~re employed by the 82,000 p~ople who live in the County and whose interests must come first. Mr. william ,..itchell, resident of the Glades Subdivision, inquired as to what protection the Glades' residents will have from the developers setting rates, noting the substantial increases imposed recently without explanation. He said that if the rates are regulated he is in favor of the proposal. ~'r. Dwight Sartwell, Glades resident; concurred with the previous speaker's comments, ndding that the utility is being built on specula~ion with the hope of adding other developments to the system. lie pointed out that the rates being chargcd are double the amount charged in the City of I'laples, and other areas. lie addcd that the affected rcsidents should not have to pay for the dcveloper's capital outlay on the system which has ohviously becn'built for three or four aoox 0$9 rACE 99 ,~,.~ ~'''II. /:4" ~'.:~.~ , "'j ; ~,~ . ,~ . ..~', .. aocx 059 PACE 1'00 times as much usa as the people in the Clades require. Mr. Stan Diener, also a resident of the Clades community, declined tho opportunity to address the Board. i ~,~ ,,,~,,,"i' ~r. Serzon observed that it mi9ht be approprIate, if the ordlnanco i with regard to utility franchises is examined, to see if they can be made applicable to utilities that serve within their own developments. lie said that it is important, at this point, to make certain that there is no pre-judgment on the course of action to be taken, recommending th~t the matter be reviewed and a report to the Board be forthcoming. To respond to comments from the public, l\ttorney Smith said that there have been steps taken regarding chdrges, as addressed in a letter to Commissioner Kruse, in that the County, after an experimental period, would have jurisdiction over any rate increases in the area Chairman pistor said that he would like to have ~he staff make a served by the utility. Responding to ~r. Berzon's suggestion, he asked that the proposal be kept 3eparate from any modification of the p~rtincnt ordinance, noting that they would dislike being treated as a "test case". . recommendation to the 80ard with regard to franchises before any decision is made pertaining to the case in question, noting that the problem will be coming up periodically in the coming Months and years and should be resolved in light of the entire County. Commissioner Kruse stated, so that the record would be clear, that when the matter was discussed in her office it was emphasized that her primary concern was that strong control be kept over what is being charged regording utilities. She said that the letter referred to by the developer's representative indicating that the matter had been discussed was given to Mr. Berzon and included in the regular Board correspondenc:e. Pursuant to additional brief discussion, Commissioner Wenzel moved that the ~taff be directed to further review the m3tter and report back to the Board with a recommendation. Commissioner Brown seconded the motion which carried by unanimous vote. BCC l\PPROVf.S TI~E PER lOP EXTENSION FOR OFFICE OF PF.RSONNEL ~~NAGF.MF.NT "'OBILITY lISS1GNI'F.NT; CHMR"'AN AlJTI10RIZF.D TO SIGN 1\GRF.F./olENT RF. SAI'F. County "'anager Norman described briefly the current contract with the U. S. Office of Personnel Management for the provision of technical assistan~p in the personnel areas of compensation, information, pers~nnel evaluation, and personnel policies and procedures, as set forth in the F.xecutivc Summary dated January 2~, 1981. He said that the draft is about completed at the staff level. with work progressing 7reasonably well, but not to the point where it would be appropriate to dispense with the assist~nce. Therefore, said Mr. Norman, it is being requested that the Board approve an extension to the contract to June 30, 1981, su~h extension without increased cost to the County. Commissioner Wenzel moved, seconded by Commissioner Kruse and carried unanimously, that the time period of the U.S. Office of Personndl Management Mobility l\ssignment be extended to June 30, l~P), and that the Chairman be directed to sign the Mobility Assignment Contract, also initiating the revised termination date. ,> aoox 059 rACF10f ~l :<\ " y . \)", MO~ 059 PAtEI06 ." ." PETITION FP-Ol-2C, WILSON, MILLER, BARTON, SOLL , PEEK, INC., REQUESTING FINl\L PLl\T APROVAL FOR WILLOUGIIBY PLACE sun DIVISION - APPROVF.D planner Lee Layne located the Willoughby Place Subdivision " ...... " " property on the map displayed, for which Final plat Approval is being requested in Petition FP-8l-2C, filed by Wilson, Miller, ~arton, SoIl' Peek, Inc. She said that the construction drawin~s and final plat have been reviewed by the Engineering ~epartment and have been found to be in compliance with the County's Subdivision Regulations. Commissioner Wimer moved, seconded by Commissioner Brown and unanimously carried, that the Board grant Final Plat Approval for the Willoughby place Subdivisi~n, as recommended by staff. RESOLUTION 81-/7 RE PP.TITION PU-80-lSC, CLYDE OUINBY, REQUESTING PROVISIONAL USE (5) OF "RT" DISTRICT - l\DOPTf.D, PURSUANT TO STI FU Ll\TIONS; PETITIONf.R' S AGREEME'IT TO STIPULATIONS - ACCEPTED; CAPC FINDING OF FACT -' FILF~11 FOR TIIf. RECORD planner Lee Layne explained that petLtion PU-80-lSC, filed by Clyde Quinby, is a request f~r Pro~isional Use (5) of the "RT" Zoning District for property located on the we~t side of Gulf Shore Drive in Vanderbilt Beach approximately 1/4 mile north of Vanderbilt Beach Road. She said that the petitioner proposes to locate a temporary sales trailer on the subject property. After locating the site of the parcel on the !!lap displayed, Ms. Layne explained that the Cl\PC recommended forwarding the petition to the Board with a recommendation of approval subject to the following stipulations: l. Building be located landward of the Coastal Construction Control Line. A 2. Final site drainage plans be reviewed by the County Engineer prior to the start of construction. ~ ~_.,.._'., --. ......_~-_..._-"_...~_.._-_..-..~ "",'.'" 3. parking Arca be of gravel or similar rock m~terial. 4. Landsc~ping bc provided around the parking nrea in accordance with section 19'.I;,&, and l'B. S. Sales trailer be rcmoved by February 1, 19~2. Ms. Layne said that a letter has been received from the petitioner acknowledging the fact that he has to meet the FDPO provisions by elevating the structure or apply for a variance. Mr. Clyde Quinby, Trustee for the project, noted that he questioned the FOPO provisions since the building will be ~ tet.porary sales trailer ann probably be removed in November when the project is complete. It was also pointed out by M~. ~uinby that the trailer will be movable in the event of a hurricane, and the like, but said that if he must meet the subject provisions he will. . Community Development Administrator Virta informed the Board that there are no provisions for exemptions in the FDPO but that the petition~. can seek compliance either by means of' elevating the building or by obtaining a variance. He further stated that the trailer will have normal utilities, siMilar to a mobile home which must Meet the requireMents of the FDPO. Commissioner wimer moved that Resolotion Rl-'-7 with regard to petition Pu-80-15C, as filed by Clyde Quinby, requesting provisional Use (5) of the "RT" District be adopted, with an administrative finding that compliance with FDPO is not necessary since the structure in question is temporary, subject to staff and Cl\PC stipulations, that the petitioner'S l\greement to the stipulations be accepted; and, that the CAPC Finding of Fact be filed for the record. Commissioner Brown seconded the Motion. aoox 059 rACE 107 ~ '-' . \)',' . .,:->/ 1"(;.:" ,(4; ~.;~ aOOK 059 PACE lOB ';"~!,: Mr. virta informed the Roard th~t an amendment to the pertinent ~ .' -':,I' :'~~;'i!,' ':~ , :'.~ ,. :-,1 ':';~ ordinance is being drafted to permit the handling of petitions such as the one under discussion at the staff level. Upon call for the question, the motion carried by unanimous vote. Commissioner Wimer offered a second motion to the eff3ct that the staff be instructed to draw up the proper language to designate that construction trailers and sales trailers, constructed for a short period of ti~e, can he administratively excluded from the F~PO. The motion was seconded by Commissioner Brown and carried unanimously. , .' ~ , " I', ;;: . ~:i: .,( BOOK 059 PACE 116 petitionor Gregory Cook acknowledged tho problems with FP , Land 'said that they are in touch with the utility firm ~nd th~t probably "something" can be wor~ed out. He noted that the aforesaid stipulations nre agreeable with his client. Commissioner Wenzel moved, seconded by Commissioner Brown, that Resolution 81-28 with regard to petition PU-80-lGC, as detailed above, be adopted, pursuant to the stipul~tlons noted; that the Petitioner's l\greemcnt to the stipulations be accepted; and, that the CAPC Finding of Fact be filed for the record. The motion carried unanimously. ,,,.,~ A ,,)', BOOK 059 PACf130 RESOLUTION ~l-30 RE PETITION PU-80-l0C, Dl\SS F.NTERPRI~P.S, RP.~UESTINO PROVISIONl\L USP. 0) OF "A" DISTRICT FOR EXPLORl\TORY PURPOSES ON PROPERTY LOCl\TED IN SlO, TS3S, R32E - ADOPTP.D WITH STIPULl\TIONS; PETITIONER'S l\GREEMENT TO STIPULATIONS - l\CCEPTED; CAPC FINDING OF FACT FILED FOR TJlP. RECORn planner Lee Layne reported that Petition PU-RO-18lC, filed by Bass Enterprises, is a request for a provisional Use (1) of the "A" l\griculture District for the purpose of oil and gas exploration on propcrty located in Section lR, Township 53 South, Range 12 East. It was noted in the Executive Summary oated J~nuary l~, 1901 that the CAPe reconmenncd forwarding the petition to the Board with a recommendation of approval subject to the following stipulations: l. Co~ply with all conditions set forth by the Big Cypress Swamp l\dvisory Com~ittee, DER, Corps of Engineers, US Dcpartment of Interior and any other regulatory agency. 2. Access road will be removed upon abandonment of drilling operations. Commissioner Wi~er noved, seconded by Commissioner Brown and unanimously carried, that Resolution Ol-30 with regard to Petition pu-eO-lAC, filed by Rass P.nterprises, as detailed above, be adopted sub;ect to stipulations; that the Petitioner's Agreement to the stipulations h~ accepted; and, that the CAPC Finding of Fact be filed for the record. ~ ,'~ . :;'. ;: . \).: ,.,,' . ; :;'~".'.~ ", /fJ:l;(;, ,<' ."'~ ",:tl , ,~:;!1 -,::,1 '~ ,,:,~ ;,;~~ , &OOK 059 PACEl38 Cl\RNIVl\L PERMIT ~l-l RE PETITION C-Bl-lC, ST. ELIZABETH SETON CHURCH l\PPROVED FOR ISSUl\NCF.; Wl\IVER OF $2,500 RURETY RONO, AND N^~F.S ^ND SOCIl\L SECURITY NUM~ERS OF PERSONS OPERATING l\CTIVITIES - APPROVED, FINl\L INSPECTION TO BE MADE BY PUBLIC RAFETY AOMINISTRl\TOR PRIOR TO Cl\RNIVl\L OPF.NING pursuant to brief explan~tion by County Man~ger Norman, Commissioner Wimer moved, seconded by Commissioner Brown and unanimously carried, that Carnival Permit 81-1 be approved for issuance .'j, -'"." '," , . to St. Elizabeth Seton Church, Golden Gate City, as requested in petition C-8l-lC; that the $2,500 Surety Bond be waived; that furnishing the names and social Security numbers of the persons operating the carnival ~ctlvities be waived; a~0, that a final inspection by the Public Safety l\dministrator be made prior to the opening of the cDrniv~l. ,I . .. .;<~ , ,"" .,~) .";l! ..~ ,~ ,~~ ~<' ;rJ.. ',~i.. -^_.... . \).: ,;' . ~'~~ :~.~ ....i:..~. aDaK 059 PACf140 PETITION TR-Pl-lC, WRl\Y SrF.RRY, REQUESTING ^ TEMPORl\RY RESIDENCE PERMIT TO UTILIZE l\ TRl\VF.L TRl\II.F.R DURING CONSTRUCTION OF PRINCIPLE RESIDENCE IN GOLDEN Gl\TE P,GTl\TES - APPROVED SUBJECT TO PETITIONER OBT^INING BUILDING PERMIT FOR PRINCIPLF. nF.SIOF.NCE Commissioner ~!imer moved, seconded by Commissioner Wenzel and unanimously carried, that Petition TR-Bl-IC, filed by Wray Sperry, requesting a Temporary Residence permit to utilize a travel trailer during construction of a principle residence on Tract 1, Unit 95, Golden Gate Estates, be approved sp~ject to the petitioner obtaining a Building Permit for the principle residence, as recommended hy staff in the Executive SUf'1milry dated ,'''il'.:.-::r". 19, 19A1. RESOLUTION Bl-31 TO RF.COVER FUNDS EXPFNDrn BY COUNTY TO l\PATE PUBLIC NUISl\NCr. ON LOT 7, RLOCK 70, UNIT 5, Nl\PLES Pl\RK - l\DOPTED Commissioner we~zel moved, seconded by CommissIoner Wimer and unanimously carried, that Resolution 8l-3l to recover funds expended by the County to abate a public nuisance on Lot 7, Block 70, Unit 5, r--:aples i'ark, subject property owned by Stanley Brajewskl, be adopted. > ,< ~ . . . } ; ," ,'~ ,~ ;~ , ..~.: ~t MOK 059 rACE 142 - ..~ , ., , "1 :,:,~ ,",;:;, RESOLUTION 8l-3? CORRECTING RESOLUTION AO-272 TO Rr.COVER FUNPS EXPENDED ) BY COUNTY TO l\Bl\Tr. PUBLIC NUISl\NCE ON LOT 14, BLOCK 278, GOLDEN C^TE, UNIT 8, Pl\RT 11 - l\nOPTED Commissioner Wenzel Moved, seconded by Commissioner Brown and carried unanimously, that Resolution 81-32 correcting Resolution 80-2" to recover funds expended by the County to abate a puhlic nuisance on Lot ld, ~lock 278, Colden Gate, Unit 8, Part '1, property owned by City National Rank of Miami, Trustee, be adopted. ," .' .. ::~~ "" :~J ,.~ 'I '~t:. . ;;.,~ ':.;;. "~/t',,. ---,"'....-- , i" . . MOX 059 PACEf44 lIEl\RING REOUESTF.n BY (;ERTRUDE COSTF.LLO TO RHOW CI\URF. WilY A NEED LIEN I\S5F.SSMF.NT RlIOULn NOT RE l\RSESRED }I(;I\IN5T Cr.RTl\IN PROPERTY - I\R~F.SSMENT AFFIRMF.D; Vl\RTOUS TNSTRUCTIONR RF. WEr.n ORDINI\NCr. TO BF. GIVP.N RTI\FF Zoninq nircctor pcrry called the Board's Attention to the background infor~ation contained in the Executive Summary dated January l5, 1981 to apprise the commissioners of the situation regarding the wced lien assessment imposed on ~s. Gertrude Costello's property loc~ted on Lot 133, Block #35, Naples Park Unit ,~, resolution to this effect adopted by the Roard on Nove~ber 4, 19RO. "'r. Perry st~ted that due to the e~treme vvergrown condition of the subject lot the costs incurred to abate the nu'sance are not excessive nor unwarranted. It was notp.d by Mr. Perry that upon receipt of the assessment in the amount of $400.00 Ms. Costello sent a letter of appeal to the Board requesting a hear'ng on the matter. Ms. Costello reported to the Board that she had received an estimate for mowing the property in the amount of $'-~O.OO; however, due to thc f~ct the work could not be done until later, the estimate was increased to $300.00. In the meantime, said ~s. Costello, the County proceeded to clear the lot for the ahove-referenced cost of S400.00. It was sugqesteo by Ms. Costello that the costs were excessive and also that, in her opinion, the parcel did not have to be cleared to the extent that it WAS. Mr. Perry explained that, due to tho heavy equipment needed hecause of the vp.getation, the costs ',ere reasonable. Ms. Costello also brought out the fact that adjacent lots have not "been subject to complaints nor have they been cleared to such an extent as her property. She displayed picturos to illustrate her allegation.. The type of Vfgetation removed from tho property was discussed ~ with Commissioner wimer expressing concern over the removal of palmetto bushes~ and the like, which he said are not noxious, a health hazard nor a fire hazard, and, in this regard, faulted the county ordinance involved. It was pointed out by County Manager Norman that the appeal waS not based on whether or not a nuisance existed but, rather, on whether."' or not the costs were excessive and stated further that it has been the practice to clear lots completely so they can be easily mowed and maintained in the future. Following hl~ comments that the charge for the wo~k done. was justified and that he would like changes made in the ordinance, Commissioner Wime~ moved that the p.oard pay the difference between the quoted price of $7.~o.no and the actual cost of $400.00 - $1~0.00. The motion w~s seconded by Commissioner Prown. ^ brief discussion followed with regard to the repercussions which could follow wi th re<Jard to other simila'r assessments, liens ancl the like. Upon call for the question, the motion on the floor failed '/~ with Commissioners \'enzel, Krllse llnd pistor voting in opposition. There was a short discussion pertaining to the llclministrative costs involved in processing the complllints'with ~r. PE'rry stating that the County only receives Slo,nO per assessment to cover these costs, the balance being the actual charges for the work done. Commissioner Wenzel moved, with regret, to deny the appelll with Commissioner Kruse seconding the motion, also with regret. The motion carried ~/l with Commissioner wimer voting in opposition and Commissioner Brown temporarily absent at the time of the vote. Commissioner Wimer requested that the staff be instructed that the ~ 059 PAtE145 , ._----~..., . ,,,.,,"'--'~"-'""'-""""~' -.'-.""" ----^~''''~... ,.-.---.-" , ,~'. . MOK 059 PAcE146 County is not in the land-clearing business, such was not the intent of the particular ordinance, and put the request in the form of a motion. Commissioner Wenzel seconded the motion with the comment thnt instructions that explicit trees, certain bushes, and the like, are not to be touched without the approvnl of the property owner. Mr. Norman addressed a problem which he said Is sure to oevelop in that there are rats, snakes, fire hnzards, and the like, which make it impossible to mow certain properties and said that, if he interprets the Board's direction properly, the staff would simply determine that such areas could not he dealt with since the staff would not be authorized nor qualified to clear such lands. Deliberation followed concerning the dumping of garbage and debris on vacant 10 ts with Comm i 55 ioner Kruse expces!' i ng the opin ion that ~,he direction of the ordinance must be re-established to determine what constitutes a health hazard, pointing out that rats and snakes arc not so conSidered hut, rather, Jdentified as part of the Florida landscilping. Chairman pistor cillled for the yote on the question on the floor which carried unanimously. Commissioner winer moved that the staff be instructed to rodefine the areas that constitute health and fire hazards under the pertinent ordinance and bring hack to t~e Board, posthaste, proposed changes in the ordinance and, if a written intent is needed to accompany the ordinance, that should be considered also since, said the Commissioner, oftentimes the intent and the "legalese" are two different-"things-. Commissioner Kruse seconded the motion adding, with the approval of the ~ maker, that clarification of the problem with regard to the dumping of I construction debris on v~cant lots be included for consideration. The motion was carried by un~nimous vote. Commissioner Wimer moved thftt the Zoning Department and the Sheriff's Department be instructed and/or requested to follow through more diligently i~ apprehending persons illegally dumping construction debris, or the like, on vacant properties instead of pursuing the property owners. Commissioner Kruse seconded the motion which c~rried by unanimous vote. Commissioner Kruse clarifled for the record that the land-cle~ring and weed ordinance is the same example as the current controversy with the dumpster enclosure ordinance in that it "got out of hand lower in the staff level" even though well-intentioned. ESTABLISHMENT OF CONTRACT WITH l\MERIC~N AMAULANCE, INC. TO PROVIDE l\~ AMBULl\NCF FOR THE EVERGLAPER CITY RFl\FOOD FESTIVAL _ DENIED Public Safety Aoministrator Hafner informed the Board that it is being recomMended that a contract with l\merican l\mbulance, Inc. be drawn up to provide a Basic Life Support ambulance to stand by in Everglades City during the Reafood Festival. Responding to Commissioner Wenzel, Mr. Hafner said that the County would pay for the service since the ambulance firm's budget do~s not cover such activity, adding that he considers It to be a public safety function. Mr. H~fner pointed out that althouqh ambulances are provided for other community functions such as football games, in TilE instllnce under discussion the nearest ambulance station is 39 miles from the site, adding th~t, in his opinion, it would be unfair for the firm'to pay the extr~ ti~e of the employees involved plus providing the vehicle. Commissioner Kruse moved that the County Man~ger negotiate a BOOK 059 PAcr147 . ,:" BOOK 059 PACE 148 contract with American Ambulance, Inc. to provide a ~~sic Life Support (BLS) unit fully staffed for the Seafood Festival in Everglades City and assure that such ambulance will not cause a departure from the level of services provision of the Management l\greement hetween the - County and l\merican l\mbulance, Inc. County ~anager ~orman suggested that the word .contract" be deleted in favor of a purchase order which would suffice - the est~mated cost being $2l0.no for the two days of the Festival. fie added that the firm is not obligated to provide the service un~er their Agreement with the County. Commissioner pistor seconded the Motion for further discussion. ComMissioner Kruse voiced her concern over leaving 10,000 persons, perhaps, at the far end of the County without some type of emergency support. Upun call for the question, the motion was ~efeated 1/3 with Co~missioner Brown absent at the time of the vote and Commissioners Wimer, Wenzel and pistor voting in opposition. (Note: Later in the Session, Commissioner Brown indicated his support of the motion establishing a vote of 2/3 for denial) Mr. Norman informed the Board that a letter was written by lhe aMbulance firm, da ted .1anUil ry 7.2, 1981, to the Festi val sponsors to the effect that, due to the restrictions of the new contract with the County, they can no longer have an aMbulance unit stand by at special events at no charge. It was pointed out by Commissioner Wenzel that, since the affair is Cor Charity, that Festival funds be used for the subject purpose. Commissioner Wimer moved that a letter be written to both American Ambulance and to "'r. Robinson, Organized Fisherme~ of Florid&, sponsora .':" of the Festival, stating that the County has no restrictions a9ain~t American Ambulance, Inc. supplying an ambulance for the Festival - in . fact, they are encburaged to do so as they have in prior years. Assistant County Attorney Pires explained that the anbulance company is permitted to perform the service if the quality of service in the County is not lowered; i.e. to make sure that the rest of the County is covered as per the Agreement. Commissioner Wenzel seconded Commissioner Wi~er's motion which carried 4/1 with 'Commissioner Kruse vot,ing in opposition. Note: Later in the Session, following the recess, Commissioner Wimer said that he conversed with Mr. Jack eridenthal of l\merican Ambulance on the telephone and was advIsed that a BLS unit will be sent to cover the Festival at no charge. The problem, said the Commissioner, appeared to be a lack of communication and understanding. STATUS pF.rORT RF. WILDFIRES IN COUNTY BY PUBLIC SAFETY ^DMTNISTRATOR; CHAIRMM' l\UTHOnIZf'D TO SIGN r.ETTERS OF APPRECTATION TO V^RIOUS EN'!'I'!'Tf'R INVOLVED IN FIRF.FIGIITTNG l\CTIVTTIES OF OF.CENT [ll\TF. Publi~ Safety l\dwinlstrator Hafner informed the Roard that, at this point, there are no problems with wildfires _ they are all extinguished. He detailed the acreage i~volved in the fires, the probable causes, and said that 20 units from II Fire Departments responded with 75 people involved. Mr. Hafner commended the puhlic for their r~sponse and help, noting that he has prepared letters of appreciation to the various fire departments and thp. people who actively participated as a token of gratitude for a job well ~one an~ recommended that the Chairman be authorized to sign same. Commissioner Wenzel moved, seconded by Commissioner Wimer and carried 4/0 with Comnissioner Kruse not present at the time of the &OOK 059 PACE 1!9 , 'ij', . 800K 059 PAct!50 , '. vote, that the Chairman be authorized to sign the aforementioned letters. RECESS: 3:10 P.M. until 3:20 P.M. HOARD l\PPROVES PRELIMINARY ACCEPTANCE OF PINE WOODS SUBDIVISION, /lCCEPTl\NCF. OF lO', Ml\TNTENl\NCE SECURITY, l\ND RELEl\SE OF ORIGINl\L CONSTRUCTION SF.CURITY RF. S/I~E Upon motion by Commissioner Wenzel, seconded by Commissioner Wimer and unani~ous1y carried, the Board approved the Preliminary Acceptance of Pine ~oods Subdivision, acceptance of lO~ Maintenance Security (Irrevocable Letter of Credit No. Rl-1 from the Citizens National Bank in the a~ount of $5~,026.06), and the release of the original dated January 21, 19R1. construction security, as recomnended by staff in F.xecutive Summary BID '~q FOR PURCIIASE OF RIDING RF.l\L "'OWER, PREVIOUSLY AWl\RD!':D TO ZAUN E0UIPMF.~T INCORPORATED OF FORT MYF.RS - RESCINDED; AWl\RDED TO DE BRA TRACTOR , !~PLE~ENT COMPl\NY IN THE l\MOUNT OF a~,870.20 /Is set forth in the Executive Summary dated January 27, 1981, Bid '~(,7, Zaun Equipment Incorporated of Fort "'yers, Florida, bid Purchasing Director Frank Wil~~x informed the Board tnat the awardee of having been awarded by the ~oard on January l3, 19B1, is unable to supply the Riding Reel Mower as the mower does not have a grass catcher as specified in the bid. It was the recommendation of the staff that the next lowest bidder, DeBra Tractor & Implement Company, be awarded the bid due to the fact that their previous bid met the specifications. Commissioner Wimer moved, seconded by Commissioner Brown and unanimously carried, that Bid '4~7, previously awarded to Zaun Equipment Incorporated of Fort "'yers, Florida, be rescinded and re- awarded to DeBra Tractor & ImpleMent Company in the amount of $5,870.20 .' l " net, and that the Chairman be authorized to sign and the Clerk attest the resulting Agreement. BID 14(,9 FOR PUnCIIME OF BERMUDA TIFTON 1419 fWD _ Mll\RDED TO N^PLF:S SOD IN THE l\MOUNT OF $10,887.50 - Legal notice having been published in the Naples naily News on December 19 and 22, 1980 ns evidenced by Affidavit of Public~tion filed with the Clerk, bids were received until January 24, 1981 for the delivery and installation of BerMuda Tifton No. dl9 Sod. nesponding to COr.lmissioner Henzel, Purchasing DI rector Fl,nk Wilcox explained that the sod in question Is to replace the existing 'sod at the Seagate RaIl field which has worn down and that the son currently on the ballfield will be taken up and uned by the Road & Bridge Department. He noted that the particular sod being purchased is all-['urpose athletic sod which i,/ill eventually be used' for all of the fields. Com~,issioner Wimer moved, seconded hy Commis'sioner Rrown, thllt Bid !469 for the purchase of Bermuda Tifton ~4l9 Sod be awarded to Naples Sod in the amount of SlO.8D7.50 and that the Chairman be authorized to sign and the Clerk attest the resulting l\greement. The motion carried 3/2 with COr.lmissioners Wen7.el and Kruse voting in opposition. Commissioner Wimer commented that the BOel in question will regenerate itself whereas the existing nahi~ does not and, although it may apr~ar to he "fancy., In years to come it will be found to be a wise investment. RESOLUTION Rl-3~ RE0UF.STJNC FJNl\NCJAL ASSJST^NCE UNOF:R FLORIDA RECREl\TJON DEVELOP~ENT ^SSISTl\NCE PROr.Rl\M RP. RAYVIP.W Pl\RK SITE _ l\OOPTED Comr.linsioner Wenzel moved, seconded by Commissioner Wimer and .. ~ !" unanimously carried, that Resolution Rl-33 requesting financial V h :11 ;"~l '''..;'! assistance under the Florida Recre~tion Development Assistance Pr09ra., ~ ,-~~ ..-', lOCI 059 rACE 151 ,.1j .;<''- .~~~; . , , \l' SOOK 059 fACE 152 ), ",.:, ".?;! ;\ with rcgnrd to the Bayview Park Site project, be adopted, pursuant to' request by stnff. ,.:.~~~ }~~ . , ~:,~ " F.' ;;.1:: . .~ ;;;. i'"'' " >,.' '" UTILITY F.l\SEMF.NT DF.TWEEN C^NPRO DEVELOPMENT COUNTY W^TER-SD~F.R DIBTRICT FOR Wl\TER ~ETER FOR RECORD^TION As explained in the Executive Summary prepared by the Utilities CORPORl\TION AND COLLIER - ACCEPTED AND ^UTHOnI7.ED -.,... ;l ..... . Manager, dated January ?l, 1981, Commissioner Wimer moved, seconded by - , ,if, ::l":tl" '':;-,( :,"<7 '; "; .;. . , 'f ~ Commissioner Wenzel and unanimously carried, that the Board, Ex-Officio Governin~ Aoard of the County Water-Sewer District, accept the Utility Easement between Canpro Development Corpor~tion and the District for ~ water meter in the Naples South Shopping Center area, and that same be authorized for recordation. ~ I f . &OOK 059'AGE 155 CHANGE ORDER ~? RF: M^RCO Wl\TF:R Mil) flEWER DISTRICT (M^RCO flEWER ""l\SE 1 IMPROVEMENTS), INCREl\SING THE PROJECT COST IN THE ^MOUNT OF $?~,?19.?3 ADOPTED Pursuant to brief expl~nation by Utilities M~n~ger Irving ~erzon, Commissioner Brown moved, seconded by Commissioner Wenzel an~ un~ninously c~rri~d, th~t Change Order t2, increAsing the cost of the ~arco Sewer Phase I Improvements project in the amount of $?r,,?19.'3, be Approved, which makes the new contract totAl $1,7r.r.,01?l?. ----._v__.. , llECoIDQ'S IfEHO. r~ 01 1nfda" 'I'1Pma or Prmtiq ~tfd'ecterr ha thJa d4 1 I ' ".- recef1'lld. ; ~ BOOK 059 fACE 157 ROUTINE BILLS - AUTHORIZED FOR Pl\YM~NT Commissioner Wenzel moved, seconded by Commissioner Wimer and unanimously carried, thnt the bills, having been processed fol~owln9 established procedure with funds available, be approved for payment as witnessed by the following checks issued from January 27, 1981 through February.3, 1981: IICCOUNT CII~CK NOS. County Checks ~S27 - 471';5 BCC Pa yro 11 J9779 - 20:l:lS BUDGET l\MEND"'E~IT P.l-;>3 TRHIRFr.RRING FU~lnR FOR PlIRCIIM:F. OF NOIS~ 'l\TTF.NTUII.TING HEM' SET l\TTfI(~HM~NT FOR IIUPIOMETER (HEl\LTH D~PARTM~NT) l\DOPTED IN TI1f. M'OUNT OF ~?70 Commissioner l,'imer moved, seconded by Commissioner Henzel And unanimously carried, that Pudget l\mend~ent Rl-/3, to transfer funds for . the purchase of a Noise Attentuatlng Head Set Attachment for Audiometer for the lIeillth l'epa:-tmE'nt. be adopted in the amount of $'70. aoaK 059 PACE 161 BUDGET AMENDMENT 8l-24 TRANSFERRING FUNDS TO PROVIDE FOR OUT-OF-COUNTY TRl\VEL RE WATER Ml\N^CF.~ENT-CAPITl\L IMPROVf.MENT (GOLDEN GATE ESTATES REDEVELOPMr.NT) - l\DOPTED IN THE l\MOUNT.OF $1,000 Commissioner Wimer moved, seconded by Commissioner Wenzel and " ,'" unani~ously carried, that Budget Amendment Bl-24, to transfer funds to provide for out-of-County travel with regard to Water I '! Manage~ent-C~pital Improve~ent (Golden ~ate Estates Redevelopment), be adopted in the amount of Sl,OOO. I 'j ',:::. 800K 059 PACE 163 ',;': .':f;~ '-!~.i' ",t:'.,..., t." ~ '~ ;':~:'.~~ ~::\.. '~}!C.: :: ~ " ,. BUDGET l\MENDMENT 01-'-5 TO ^PPROPRI^TE nON^TIONS RECEIVED FOR SUPPLIES, ETC. RE YOUTH GUID^NCr. VOLUNTEER PROGRAM .- ADOPTED "MOUNT OF $5,000 MATERIALS, ,IN THE Commissioner Wimer moved, seconded by Com~issioner Wenzel and 'unanimously carried, that Budget Amend~ent 81-25, to appropriate donations received for materi~ls, supplies, and the like, re Youth Guidance Volunteer Program, be adopted in the amount of SS,OOO. .) aooK 059 rACE165 ;,~' . ::.~ 'l '~ ';~.. " BUDGET,AMF.NDMENT Al-26 TRlINSFERRING FUNDS TO [>ROVJt'E Fon PURClIlISE OF MAPS AND PUBLIClITIONS RE BUILDING INSPECTION - ADOPTED IN THE !.MOUNT OF /,} $701' Commissioner Wimer moved, seconded by Commissioner Wenzel and carried unanimously, that Budget Amendment 81-26, to transfer funds to provid-e for the p\:rchase of maps and publications with regard to the Building Inspection Department, be adopted in the amount of $701. t', BOOx 059 rACE 167 j , ":,'B: '~ '~I:~ "',"'" . .,"'" ~.J .",~ :>.r:'~.~ ."~'<;..,. . . ...._--_._--"_._~,_..~_.,..,-,.,.,,,... APPOINTMENTS TO OCIIOPEE FIRE CONTRor. DISTRICT ^I'VISORY nOMD: RAY CMROll AND ,.,S. EVF:LYN SHEALY REAPPOINTEn REr.ULAR ,.,F.,.,RERS (TWO-YEAR TERMS); CIlRIS IJl\NCOCK, MS. JACOUF.lINE HMaROVE AND MS. MARILYN POWELL APPOINTED REGULl\R MEMBF.RS (TWO-YEAR TERMS); Jl\MES KELLY APPOINTED ALTERNl\TE MF:MRER (INDF:FTNITE TERM) Commissioner Wimer moved, seconded by Commissioner Wenzel an~ unanimously carried, that the Board approv~ the following recommendations for appointments to the Ochopee Fire Control District Advisory Board: Mr. Ray Carroll and Ms. F.velyn Shealy' - Reappointed Regular members For two-year terms. Ms. .Jacqueline lIC1r<)rove, Mr. Chris Illlncock and "'s. fo'adlyn Powell - l\ppointed Re<)ular Members for two-year terms. Mr. James Kelly - ~ppointed l\lternate Member for indefinite period of time - To be appointed Re<)ular Member lit such time as Board deems appropriate. FOOD ESTl\RLTSIlMENT REVIn' POl\RD ,A,PPOIN'J'MENTS: MEr.SRS. COLLINS JI,ND STl\CIi.POOLE, MID ~'S. l\RLENE KEY REl\PPOINTED REGULAR MFMBERS FOR TWO-YEIIR TERMS Co~~ls~ioner wIMPr moved, seconded by Commissioner Wenzel ~nd carried unanimously, that Messrs. Lewis Collins, James Stackpoole and Ms. Arlene Key be reaprointed to the Food Establishment Review BOHrd for additional two-year terms. Rf,('UEST BY COLLIF.R COUNTY Fl\IR l\Sf,OCI1\TION FOR IISSTSTI\NCE FnR COUNTY BOOTH l\T IINNlIIIL S'l'IITF. FII 1R IN TM'Pl\ - I\PPROVEO IN TilE II,.,OUNT OF' n, nno Commissioner Wimer moved, seconded by Commissioner Brown and carried unanimously, that tho request by the Collier County Fair l\ssociation for assistance for a Collier County hooth at the Annual State Fair in Tampa, Florida, be approved in the ~mount of $1,000. CHl\IRMl\N REPORTS C1N OI'F.NING OF TIGER TAIL !lEACII FACILITY, CHECK IN TilE AMOUNT OF $30,000 l\CCEP'l'ED FROM COLLIF.R COUNTV CONSERVIINCV, RESOLUTION OF IIPPRECI1\TION TO AE DRAFTED FOR FUTURE PRE!1ENTl\'l'ION TO CON!1F.RVANCY 0" &OllK 059 rACE 169 ,~ ;.,j 'll.."l ---""--~---~_.,..."....".-- , ..< Max 059 PACE 170 Chairm~n Pis~or reported that during the recant ceremony held to mark the official opening of the Tiger T~il Beach facility on "'arco Island he was presented with a check in the amount of $30,000 from representatives of the Collier County Conservancy as the Conservancy's contribution toward the develop~ent of the park. The check was presented to Fiscal Officer Hall for proper disposition. Commissioner Wimer'moved, seconded by Commissioner pistor and un~nimously carried, that an appropriate resolution of appreciation be dr~fted for future presentation to the Conservancy. PlIf'GCT M<El\'l'''E~'T I1E011EST BY SIlPERvrSOR OF ELECTIONS - l\PPROVED IN THE A~ENDED AMOUNT OF S?3,l?7; FISCAL OFFICER l\UTHORTZED TO USE l\PPROPRIl\TE ['UNDS TO n!SULl\TE AND SFl\L SECOND FLOOR SPl\CE l\T COUNTY BARN FOR USE BY ~LECTT~~~' ~N8 CLsn~'S 0FF!CF~ Supervisor of Elections ~ary Morgan addressed the Board for the purpose of providing additional information with (egard to tha Request for Rudset l\mcndment for the Elections Department, distributed with the ~gcnda, together with attachments. She said that there is a definite need to make changes in the of.ice layout and for the equipment listed in orner to ensure the more efficient utilization of space and personnel. Tn re-examining the request, said Ms. ~organ, and pursuant to conferring with Fiscal Officer Hall, it w~s found that there are changes which can be made; i.e. Page 3 of the ~genda material, Item A, pertaining to the renovation at the County Barn for storage and workspace area for voting machines and related paraphernalia. She said that she has received an estimate of $5,000 for the project, however, Mr. Hall has advised that there is sufficient money in the 0-5 ^ccount to cover the item, pointing out that Clerk Reagan is r;questing renovation of a portion of the space for his purposes. Mr. J1all explained that the entire second floor of the Barn I. for the most part unusable because of the intense heat during certain tl... of the year. Responding to Commissioner Wenzel as to whether or not the space is needed and will be used, Mr. Hall replied that there are . certain records, other than just the Cierk's records, which have to be retained and suggested that it might be wcll to consider this when making a decision as to what will be done. Commissioner Wenzel said that in order to protect the records it would be neces~~(y to install a sprinkler system. Ms. Morgan said that this aspect was not considered for inclusion in the cost estimate. f,he pointed out that 'an alarm system can bE' connected to the closest fire station with Commissioner Wenzel stating that he would definitely have an alarm system included in the renovation. Clerk Reagan pointed out that one reason the space is not being 1/ used !s bQci"usp. it is not iusulated. H~ als~ s~in !-hAt he cO'llc1 not stor~ records there from,a security standpoint, along with humidity problems which he said could not be controlled with insulation. ~e said he eE~imated that he could use about one-hali of the space and suggested that the entire space be renovated. There was a brief discussion with regard to t~e use of the entire square footage involved with Ms. Morgan cxplaining th~t she could use at least BOO squarc feet if the entire area is insulatcd; however, she expressed concern over "running Mr. Reagan out" with Mr. Rcagan aoox 059 'ACE 171 ."; :',. " . ~~. BOOK 059 PACE172 responding that regardless of whether or not the space is used for Board records, or for other purposes, the space should be utilized. Commissioner Wenzel moved, seconded by Commissioner Brown and unanimously carried, that Fiscal Officer Hall be authorized to use appropriate funds to insulate and seal the second floor space at the County Earn for use by both the Supervisor of Elections and the Clerk. Oth~r modifications to the requested budget were suggested hy Ms. Morgan nnong them a re~uction in the figure fJr flat panels for the portable wall in her office from SI,07.~ to S9~~.; One less leveler for the panels for a reouction of ~7.~.; deferring purchase of various equipment needs until the next budget year. ~s. Morgan stressed the need for the equipment hut explained that some of the equipment, as - ~cJl ~s voter registration/purge costs could be postponed until the new fiscal year. lIo~lever, she said the need for the seven typewriters, as well as the letter opener, is urgent. In conclusion, Ms. ~organ said that by oeleting the various items mentioned, the budget request is reduced from S~l,7~J to S7.J,l27. ''"r. lIall said th.1t the appropriation would llave to be made from the Contingency Fund, with the exception of the renovation items which, he said, have bpen budgeted. lie added, responding to Commissioner Wenzel, that both f.lections Budgets are "pretty tight" with no funds, to his knowledge, which can be applied against the aMended Budget Request. Ms. ~organ r~inted out that if there is a requirenent to do a portion of the voter purge prior to the beginning of the new budget year she may have to come back to the Board for additional funds, the - same possibility also exists with legard to the nata Processing prograM modifications for which no cost estimatos have b~en obtained aa yet. Commissioner ~rown moved for approval of the modified ~udget Request for the Supervisor of P.lections In the amount of $23,127, that the Fiscal Officer be authorized to prepare the appropriate Budget AmendMent; and that County Manager Norman be directed to have the aforesaid insulation of the County Barn area completed by "'arch 15, 1981. Commenting that Ms. Morgan, in the five years that she worked for the Board of County Commissioners, was always frugal with taxpayers' dollars, Commissioner Wimer seconded the motion which carried by unaniMOUS vote. Note: l\t this time (3:45 ~.M.) Commissioner Wenzel left the meeting, REQUEST FOR LEl\VE OF l\BSENCE FRO~ 2/10/Bl TO B/lO/Bl FOR PUBLIC W0RKS DIVISION F.MPLOYEr. Dl\RRY GREF.N~TEIN - l\PPRnVF.D Commissioner Wimer moved, seconded hy Commissioner prown and carried 4/0 with Commissioner Wenzel not present, that the request for leave of absence from February 20, 1981 until August 10, 1981 for Barry Greenstein, Public Works nivision employee, be arprove~. EXTRA Gl\IN TIME FOR Jl\IL INMl\TE .35109 - l\PPRO~ED! DATE OF RELEASE ESTABLI~HF.n FOR 2/5/Rl Commissioner wimer moved, seconded by Commissioner Brown and carried 4/0 with Commissioner Wenzel not present, that 30 days Extra Gain Time be awarded Jail Inmate .35l09, as recoMmended, establishing release date as February 5, 19B1. aoOK 059 rACE 173 , , , ..." 800K 059 rACf 174 RECOMMENDl\TION FOR F.XTENSrON OF TIME UNTIL ~/10/8l FOR nEPORT ON . ALLEGED CONTRACT VIOLATIONS RE ^~F.RICl\N ^~~ULl\NCE, INC. _ CRl\NTED Commissioner WimE'r moved, seconded by Commissionor Rrown and carried 4/0 with Commissioner Wenzel not present, that the recommendation for an extension of timo until February 10, 1981 regarding January ~, 1901 letter of alleged Contract Violations, from BCC to American l\mbulance, Inc., be approved, as contained in the January 30, 19R1 memorandum from County Manager Norman to the Board. CIIl\ITW,I\N AlJTflOT1IZED TO SIGN CERTIFICATES FOR CORRECTION TO TAX ROLLS Commissioner Wimer moved, seconded by Commissioner Brown and carried 4/0 with Commissioner Wenzel not present, that the Chairman be authorizec1 to sir:n ~he following Corti ficates for Correction to the Tax Ro II s : NOS DATE - 1979 T2'ng ible Property 1979-222 1/29/81 1980 Tangible Property 1980-Sl,S2,~1 l/28-l/30/8l RESIGNATIO~ OF WILLIS E. KUSHMAN FROM LIBRARY l\DVISORY BOARD EFFECTIVE J2/3J/RO - l\CCEPTED; l\PPROPRIATE LETTER 07 APPRECIl\TION TO BE PREPARED FOR CIIAIn"'AN'S SIGNATURE Commissioner l,iner noved, seconded by Comrnission"r erown and carried 4/0 with Commissioner Wenzel not present, that the resi9n~tion of ~'r. l'iillis E. Kushman from the Library l\dvisory Board, effective December 3l, 19RO, he accepted, as contained in his letter to tho Board dated October 27, 1,1;0; and that an appropriate letter of appreciation be prepared for the Chairman's signature. , ,~, i PETITION FOR l\DMISSION TO A. G. HOLLEY STl\TE HOSPITAL RE Rl\LPH f'AVIS APPROVED FOR CIIl\IRMl\N'S SIGNl\TURE Commissioner Wimer moved, seconded by Commissioner Brown and carried 4/0 with Commissioner Wenzel not present, that the petltlor for admission to l\. G. Holley State Hospital with regard to Ralph Davis be approved for the Chairman's signature. BIOLOGICl\L CuM~F.NTS RF. Dr.R FILE NO. 1l-34070-SE, RE Gl\RY BF.YRE~T FOR DOCK l\ND REVETm:NT RF:l\D INTO TilE RECORD; PIlOJFCT APPROVED; I1ER '1'0 BE PIlOVIDEf1 ,"-'ITJ! PROrF.1l NOTIFICATION EnvironMental Consultant Jay Harmic read into the record a copy of the Biologic~l Comments as contained in the attachnent to the letter dated December 1~, 19RO f~om Richard w. Cantrell, Dredge & F!Il Supervisor, FDP-R, to Gary Beyrent with regard to File No. ll-34070-SP., Dock and Revetment. Dr. Ha,mic explained that the subject pertains to An after-the-fact permit application and, therefore, the contractor has already been taken to court, found quilty, and fLied for constructing a seawall without a permit. The DEll, said Dr. J1armic, has proposed, as one of their stipulations, that revegetation take place, and, therefore, it is his recommendation that the after-the-fact permit be approved with the stipulation that the applicant (Mr. Peyrent) sign an agreement with the Zoning Department to finish the revegetation process outlined by the DER and that proper notification be given to the runta Gorda Office of the DF:R that the aforesaid Biological Comments were read into the minutes and that the project hilS been acted upon. Commissioner Brown moved, seconded ~y Commissioner Wimer and carried 4/0 with Commissioner Wenzel, thllt the project be approved and that the DER be properly notified of the Board's action. Commissioner Kruse inquired If the applicant has paid a fine for aOOA 059 PACE 175 :~ , ,.c!-. f' . ~1, . " . \1', BOOK 059 PAcE176 the after-the-fact permit with Dr. Harmic explaining that he has not received the permit from the County as yet. He said that he assumes that it would be up to the Board to assess a penalty If they so desire, noting again that the contractor has paid a fine for constructinq without a permlt. l\ssistant County Attorney pires pointed out that the finc referrcd to was pursuant to action by the State Attorney's Office, criminal prosecution for violation of a County ordinance which has no bearing on the County Buildlng Code requirements or the ability to assess a fee for after-thc-fact. -