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BCC Minutes 01/08/1980 R 1..., _J .... .'~' ,:.....,..y~t..:,\".i.;;.~.... , ."""'''-111.. '.'~ *'.4.;',k, ". t11:-rJ" "'''f''', "," '. . , - ",f ., ,~ ,,,..); I' 'l'._. ..., Naples, Florida, January 8, 1980 LET IT BE REMEMBERED, that the Board of County Commissioners in and for the CountJ of Collier, and also acting IS the Governing Board(s) of such special districts as have been created according to law and having conducted business herein, met on this date at 9:00 A.M. in Regular members present: Session in Building "F" IIf the Courthouse Complex with .;he following , CHAIRMAN: Clifford Wenzel VICE-CHAIRMAN: Thomas P. Archer John A. P1stor C.R. "Russ" Wimer David C. Brown ALSO PRESENT: William J. Reagan, Clerk; Harold L. Hall, Chief Deputy Clerk/Fiscal Officer; Edna Brenneman, and Jean Swindle (10:30 A.M.), Deputy Clerks; Donald A. Pickworth, County Attorney; C. William Norman, County Manager: Danny Crew, Planning Director: Clifford Barksdale, Puhlic Works Adminstrator/Engineer: Lee Layne, Planner; Tom McDaniel, Planner: Mary Morgan, Administrative Aide to the Board: and Deputy Chief Raymond Barnett, Sheriff's Department.. BOARD OF COUNTY COMMISSIONERS . FINAL AGENDA January a, 1980 NOTICE: ALL PERSONS SPEAKING ON ANY AGENDA ITEM MUST REGISTER PRIOR TO THE ITEM BEING HEARD. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARR NOT ON THIS AGENDA MUST BE SUBMI'l"l'ED TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO TE:F. DATE OF THE MEETING AND WILL BE HEARD UNDER IIrUBttr~ PETITIONS" AT 11:00 A.M. .. " , , 1.. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF AGENDA 4. APPROVAL _OF MINUTES: December 4 & 11, 1979 S. PROCLAMATIONS AND PRESENTATIONS OF AWA.B!2! 6. SOCIAL SERVICES 800,( 050 rACE 505 ;. :P:', Y~;:;\:'\"";. . '. ;.j4~ ";';""!"'}"""'J."!;1'.>,,(,.~. . ,."" '~"""'~>::~~.' :,;~~~'" :.'. ,......,,' ',~ ", " ..~.." ,r!t;'~i:ViI'A\J";"'J;:~'l'i~' " " , , , , , ~ L.,_-~-' [""a, ; ,','i'a.. ..."~ r )'{ii"i:'"J '~~~.:;.~I January. 8, 1980 AGENDA - APPROVED WITH ADDITJONS Commissioner Archer moved, seconded by Commissioner Pistor and unanimously carried, that the agenda be approved with the following additions, as requested by Chairman Wenzel because time is of the essence: 1. Action on the City of Naples' Gas Tax resolution. , 2. Request by Mr. Henry Friedheim with regard to cablevision rate increase (added under Public Petitions). 3. Appointment of two members to the Contractors' Licensing Board. MINUTES OF DECEMBER 4 AND DECEMBER 11, 1979 MEETINGS - APPROVED Commissioner Archer moved, seconded by Commissioner Pistor and unanimously carried, that the minutes of the meetings of December 4 and December II, 1979 be approved as presented. ORDINANCE 80-1 RE PETITION CP-79-7C, ROGER CARVALLO, REQUESTING A COM- PREHENSIVE PLAN P~ENDMENT FROM 6.22-30 RESIDENTIAL LAND USE TO COMMERCIAL LAND USE ON PROPERTY LOCATED IN SECTION 12, T50S, R25E - ADOPTED; PETITIONER'S AGREEMENT TO STIPULATION - ACCEPTED Legal notice having been published in the Naples Daily News on December 7, 1979 and January 2, 1980, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider a proposed amendment to Ordinance 79-32, The Comprehensive Plan for Collier County, as requested by Scamehorn-White, Inc., Agent for Roger Carvallo of Overseas Development Corporation, for property located in Section 12, Township 50 South, Range 25 East. Planner Lee Layne located the property on the blueprint provided, same being on the east side of Airport Road between the East Naples Fire Department building and the Bill Gallman Pontiac automroilp. ~~ency building. She said that the petitioner wishes to develop his land as a commercial office complex and that the subject petition, Petiticn CP-79-7C, obtained 28 points on the rating system out of the 26 points required in Objective 3A of the Comprehensive Plan. Ms. Layne further explained the Objectives which were considered in their review of the petition, noting that the CCPA held a public hearing on the parcel on December 6, 1979 and recommended forwarding the petition to the Board with a recom- mendation of approval subject to the stipulation that ingress and egress be limited to one access point. 800K 050 rACE 509 H ,>, :'.'j/':" ~ "--:::;7--<,:~.,;i""""''Jr;,.",,:;.tli~, ','.M:~.\',"'!''''~~'~:' . ,""'.'p..," t,,;':.'i....;..\'...'i-"..>..,."\.,~lI.#-;;. "". . - . .', ' . .' ..- . . .. .. . . .' "" ~ "" .'. -. . . ' " " , . .'~l!,'!ii. '~j .r'~~~~~l~~~' ~ ~ &OOK ()50 PACE 510 Januar)' 8, 1980 , -.' Hr, Dan Andenman, representing the petitioner, was present to respond to questions, if any, from the Board. There being no additional persons indicating a desire to address the matter, Commissioner Wimer moved, seconded by Commissioner Archer and unanimously carried, that the public hearing be closed. Commissioner Wimer moved, seconded by Commissioner Pistor and carried unanimously, that the Ordinance, as number and entitled below, be adopted and entered into Ordinance Book No, 10, and that the Agreement to the above-referenced stipulation, by the petitioner, be accepted. I' ORDINANCE 80..:.:1 AN ORDINANCE AMENDING ORDINANCE 79-32, THE COHPREHENSIVE PLAN FOR COLLIER COUNTY, FLORIDA, BY AMENDING THE LAND USE ELEMENT WORK STUDY AREA MAP 13 FROM RESIDENTIAL 6.22-30 UNITS PER GROSS ACRE TO COMMERCIAL LAND USE ON THE FOL~~ING DESCRIBED PROPERTY: A PORTION OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 12, TOWNSHIP 50 SOUTH, AND BY PROVIDING AN EFFECTIVE DATE * I I" I~~} iltl~_c_ _ ~.' L~~:.I * I' . " "; ,_ . -";' ~ " -,'.'..... '1',' ':of \ 1'" &OOX 050 rm512 ORDIN~NCE 80-2 RE PETITION R-79-35C, ROGER CARVALLO, REQUESTING REZONING FROM "RM-2" TO "GRe" FOR PROPERTY LOCATED IN 512, T505, R25E _ ADOPTED; PETITIONER'S AGREEMENT TO STIPULATIONS - ACCEPTED January 8, 1980 1 . I Legal notice having been pUblished in the Naples Daily News on December 7, 1979 as evidenced by Affidavit of Publication filed with the Clerk, publi~ hearing was opened to consider Petition R-79-35C, filed by Scamehorn-Whfte. Inc., Agent for Roger Carvallo of Overseas Develop- ment Cor~oratfon, requesting rezoning of certain property located in Sectfon 12, Townshfp 50 South, Range 25 East, from "RM-2" to GRC" in order to develop the property as an office complex. I'! Planner Lee Layne advised the Board that the petition has been reviewed and approved by all County agencies in their areas of concern with the following stipulations: 1. Fire hydrant locations to be approved by the Fire Department. (ENFD) 2. Detailed site drainage plan to be submitted to and approved by the County Engineer prior to the issuance of any building pennits.(WMAB) 3. Central sewer system. (Health Department) 4. Ingress and egress limited to one access point. (Plan) Ms. Layne noted that the petition was reviewed previously by both the CAPC and the Board in June, 1978 and recommended for approval for rezonfng from "RM-1" to "RN-2", at Which time the staff recorrrnended that the land be zoned to "GRC" - now being requested. Also, said Ms. Layne, the CAPC held their publfc hearing on December 6, 1979 and recorrrnended forwarding Petition R-79-35C to the Board with a recommendation of approval subject to staff stipulations. There wer~ no persons registered to address the matter, whereuPQn Conmissioner Wimer moved that the public hearing be closed, seco',ded by Commissioner Archer and carried unanimously. Commissioner Wimer moved that the Ordinance, as numbeled and entftled below, be adopted and entered into Ordinance Book No. 10, and that the Petitioner's Agreement to the aforementioned stipulations be accepted. The motion was seconded by Commissioner Archer and unanimously carried. t-=-:"J CI L'~:'e:1 ~' "'.~.~'::~i_.." . ',' '. .'d!,,,,:!,,..I~.V<\. .' " " ' " {'I ,oj " .~: r'. ", 1: ..: ,:,. ,~ ~~ J,' ,.':.~ MQ~ J)51)' p~~~1.4 January 8. 1980 ORDINANCE 80~~ AN ORDINANCE AMENDING ORDINANCB 76-30, THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF THE COASTAL AREA PLANNING DISTRICT DY M1ENDING TIIB ZONING ATLAS MAP NUMBER 50-25-1 BY CHANGING THB ZONING CLASSIFICATION FROM "RM-2" RESI- DENTIAL MULTI-FAMILY TO "GRC" GENERAL RETAIL CO~~RCIA~ ON THE FOLLrn~ING DESCRIDED PROPERTY: A PORTION OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION ,12, TONNSIIIP 50 SOUTH, RANGE 25 EAST AND BY PROVIDING AN EFFECTIVE DATE PETITrON R-79-10C, WHISPERING prNES, INC., REQUESTING REZONING TO "GC" FOR PROPERTY KNOWN AS "FISHERMAN'S COVE" - WITHDRAWN UPON REQUEST OF PETITIONER Legal notice having been published in the Naples Daily News on June 7, 1979 as evidenced by Affidav i t of Publ ication preViously filed with the Clerk, public hearing was continued from JUly 10, October 30, and November 27, 1979 for consideration of Petition R-79-10C, filed by Whispering Pines, Inc., requesting rezoning from various zoning districts to "GC" Golf Course for property known as Fisherman's Cove, and located in Sections 14 and 23, Township 50 South, Range 25 East, further described as being located between Kelly Road and the City limits. Planner Lee Layne advised the Board that a letter dated January 7, 1980 has been received from Lloyd G. Sheehan, President of Whispering Pines, Inc., requesting the withdrawal of the petition, which she read into the record. Chairman Wenzel voiced his disappointment that the developer was discouraged from proceeding with the project because it was felt that the project would not be approved by the City of Naples. He said that the property owners can proceed with construction of 3,OOr un~t~ under present zoning as opposed to the 747 units as planned for th~ development and which will cause increased pollution to Nuples Bay. Chairma~Wenzel noted that no official action by the Board needs to be taken other than acceptance of the withdrawal. Filed for the record was a letter dated November 30, 1979 from Kathryn E. Aldrich, Secretary of the Naples Bay Improvement Association, L_..'J Cl lti<\ll(~1 f , .'.... " 1'J-..,.".....' --" - ~Jt_."'i\lfti I L....:J c,',-'::7J ~.;;.;.J.J [',' ;,,] ....d.,... January 8, 1980 indicating that the Board of Directors of the Association has passed a resolution requesting that no approval be given at this time for the subject proposed development duo to a potential adverse effect on the Bay of such development. ORDINANCE 80-3 RE PETITION R-79-18C, DONALD STONEBURNER, REQUESTING REZONING FROM "A" TO "MHRP" FOR PROPERTY LOCATED IN S6,..T50S, R26E _ ADOPTED SUBJECT TO STIPULATIONS , Legal notice having been published in the Naples Daily News on December 7, 1979 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition R-79-18C, filed by Donald Stoneburner, requesting rezoning of property located in Section 6, Township 50 South, Range 26 East, from "A" Agriculture to "MHRP" t10bile Home Rental Park, property further described as being on the south side of Radio Road between Naples Mobile Estates and Sunny Acres. Planner Lee Layne reported that the petition has been reviewed and recommended for approval in their areas of concern by all County agencies, except for the School Board, with the following stipulations: 1. Sewage treatment plant and public water required. (Health Department) 2. Fire hydrants required. (ENFD) 3. Final site drainage plans to be reviewed by WMAB. 4. Limit number of units to 258. (Planning Department) 5. Developer shall dedicate 17.5' along the south ROW line of Radio Road for further widening of the road when requested by the County or at the developer's convenience whichever occurs first. (Comprehensive Plan) . 6. Agreement to be worked out between the developer and the School Board prior to the issuance of any bUi1d,ng permi ts. (Plan) Ms. Layne noted that the CAPC held their public hea"'lllg on January 3, 1980 and recommended that the \leti~lon be ililpr:lt'ad; however, it was felt that there is no legal basis for requiring a developer to BOOK 050 rACE 515 ;.I" i..,',tam:x;:; "'~' '.' "it.tl~'rm.~~~r";':<"'''''''''''''l>I(~ , . " . .... .. ..., .. ......:., ". ..'~. . " . ...- .-;.' ~'~':""':':,"1I:lc~-:(.~',:, , ".,~-,;"""",,,,,,~~,,,,~;,,......; 1'~ r j.,a. .. , ! .v.....,:O' .. I I I I I MOK 050 PACE 516 January 8, 1980 either pay monies to the School Board or provide sufficient land for its use. Planning Director Danny Crew commented that the School Board has adopted a policy objecting to all petitions because of the lack of this legality, noting that an ordinance to this effect was pre- pared by the Board but never adopted because the City of Everglades has not ratified it as yet. He said that if the County can "t::ome up" with a similar ordinance for the unincorporated areas the prOblem may be alleviated. Chairman Wenzel voiced his concurrence with Dr. Crew's suggestion with the COfllTlent that "5,000 people should not be holdin9 up 80,000 people" in this area of concern. Chairman Wenzel questioned the need for additional zoning for the intended purpose, citing the existence of present zoning for trailers which is not being used. Dr. Crew replied that the subject location is an appropriate area and that it is desirable to keep such uses in one area. There were no persons registered to speak on the matter, whereupon COfllTlissioner Archer moved, seconded by COfllTlissioner Pistor and carried unanimously, that the public hearing be closed. COfllTlissioner Archer moved that the Ordinance, as numbered and entitled below, be adopted pursuant to staff stipulations, and entered into Ordinance Book No. 10. The motion was seconded by COfllTlissioner Brown and carried 4/1 with Chairman Wenzel voting in opposition. The matter of whether or not an impact fee was going to be pursued was brought up by Mr. Mike Zewalk, fOllOWing which the subject was briefly discussed. County Attorney Pickworth pointed out that such fee must be a Joint effort between the County and the School Board and suygested that he meet with the School Board attorney in this regard. It was COfllTlissioner Wimer's suggestion that the Chairman make the contact Wii{CI~ was agreed to by Chairman Wenzel. ORDINANCE 80- - ......L- AN ORDINANCE AMENDING ORDINANCE 76-30, THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREAS OF THE COASTAL AREA PLANNING DISTRICT BY AMENDING UAP NUMBER 50-26-3 BY REZONING THE FOLLOWING DESCRIBE~ PROPERTY FROM "A"' AGRICULTURE TO "MHRP" MOBILE HOME RE.L~TAL PARK: THE WEST 1/2 OF EAST 1/2 OF NORTHEAST 1/4, LESS RIGHT OF WAY (C-856), SECTION 5, TOWNSHIP 50 SOUTH, RANGE 26 EAST AND BY PROVIDING AN EFFECTIVE DATE 'I i.'_~~:!..I'" /: ::,.';<' , ;~ 1/ r~'" I -=-:-l i"~~* r- 'n1~-i . ' '; ... < ~ . . '" .'. ' ,..:'... ..... I . . I ' . '. }.' .'. ' ' . ',' - I' 1 ~ .. ..' . "" ~ . '" ." . . .; , . , } January I .!u PETITION R-79-34C, BRUCE MUMM, REQUESTING REZONING FROM "PUD" TO "PUe' IN SECTIONS 29 AND 32 , T50S , R26E - CONTINUED UNTIL JANUARY 29. 1980 Legal notice having been published in the NbP1es Daily News on December 7, 1979 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition R-79-34C, filed by Wilson, Miller, Barton, Soll & Peek, Inc. for Bruce Mumm, requesting rezoning from "PUD" to "PUD" in Sections 29 and 32, Township 50 South, Range 26 East. Following Planner Lee Layne's explanation that a Comprehensive Plan amendment is also needed and, therefore, a continuation is being requested, Commissioner Pistor moved, seconded by Commission~r Archer and unanimously carried, that Petition R-79-34C be continued until January 29, 1980. ORDINANCE 80-4 RE PETITION NZ-79-11C, PLANNING DEPARTMENT, REQUESTING AMENDMENTS TO THE ZONING ORDINANCE (AS PART OF THE ANNUAL REVIEW) _ ADOPTED, AS AMENDED Legal notice having been published in the Naples Daily News on December 18, 1979 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was held to consider Petition NZ-79-11C, filed by the Planning Department, requesting various amendments to the Zoning Ordinance, as part of the annual review of same. Ms. Lee Layne, Planner, commented that the purpose of the petition is to point out and correct minor deficiencies and to update the Zoning Ordinance, adding the comment that the major changes will be handled under a separate petition. Each of the changes was detailed by Ms. Layne, following which brief discussion was held and additional changes in verbage, deletions, and the like are noted below: I '1 SECTION :. - DEFINITION~ Floor Area: Basements or basement spaces where ceiling is not more than forty-eight inches - to be tenned "crawl space". To address Commissioner Wimer's concel'n thill, 7' stipulation is too restrictive, Mr. Hal'rj Adley, Consultant for the "701" Study, wo"ld be requested to review the provision. Home Occupation: Deleted upon motion by Commissioner Archer, seconded by Commissioner Wimer and unanimously carried, due to the fact that some home occupations, such as a lawn maintenance business, would be restricted and the costs of doing bu~iness increased. SECTION 8 - SUPPLEMENTARY DISTRICT REGULATIONS P3ragraph 27 (New) Garbage Dumpsters: Conditions to apply BOOK 050 PACE 517 ~-~( i""^"" , ;1 .:,~~.~;\".... . ' ". '", "I "', . . \ . , .) ""', I .. ~ . . . ~. . . " ~'.,..', . t '. I _. .......: ,I.. . ,.... ~ . " . c . --~ --. !; BOOK 050 PAGE 518 January 8, 1980 to all zoning districts except "Industrial" upon motion by Commissioner Plstor, seconded by Commissioner Wimer and unanimously carried. SECTION 16 - TEMPORARY USE PERMITS Paragraph 4 Garage Sales: Amendment deleted to permit further review, upon motion by Commissioner Wimer, seconded by Commissioner Pistor and unanimously carried. SECTION 18 - OFFSTREET PARKING AND LOADING Amendment to Paragraph 48 re re st riction that off-street parking facilities must be so arranged that no automobile shall have to back into any street, except for single and two-family dwellings - Amendment to remain subject to Consul- tant AdlAY being requested to review same and provide recommendation There were no per~ons expressing a desire to comment on the proposed ordinance changes, whereupon Commissioner Archer moved, seconded by Commissioner Pistor and unanimoUSly carried, that the public hearing be closed. Commissioner Archer moved, seconded by Commissioner Pistor and unanimously carried, that Ordinance 80-4, as entitled below, be adopted and entered into Ordinar.ce Book No. 10, subject to corrections and deletions noted above. ORDINANCE 80 - L- AN ORDINANCE AMENDING ORDINANCE 76-30 THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF THE COASTAL AREA PLANNING DISTRICT BY AMENDING SECTION 3 - DEFINITIONS; SEC- TION 8 - SUPPLEMENTARY DISTRICT'REGULA- TIONS; SECTION 9 - AREAS OF ENVIRON- MENTAL SENSITIVITY; SECTION 18 - OFF- STREET PARKING AND LOADING; SECTION 21 - RS DISTRICTS; SECTION 24 - PUD DISTRICT; SECTION 29 - MHRP DISTRICT; SECTION 32 - PC DISTRICT; SECTION 33 - CC DISTRICT; SEOT/ON 34 - GRC DISTRICT; SECTION 35 - CI DISTRICT; SECTION 36 - I ElISTRICT; AND SECTION 37 - A DISTRICT AND BY PROVIDING AN EFFECTIVE DATE. I --~-- J Cl ;'~1~.-' l~"i , .".f1ll..l. r---- ! t/ - . - } -J January a, 1980 RESOLUTION 80-1 RE PETITION FDPO 79-V-5, CHARLES MANLEY, REQUESTING ~PPROVAL OF VARIANCE FROM MINIMUM BASE FLOOD ELEVATION - ADOPTED Legal notice having been published in the N~ples Daily News on December 21, 1979 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition FDPO 79-V-5, filed by Charles Manley, requesting a variance ~rom the minimum base flood elevation required by the Flood Damage Prevention Ordinance (FDPO 79-62) to permit the construction of a single family home at an elevation of 7.5 feet instead of 10.0 required under the Ordinance. Planrer Tom McDaniel located the subject property for which the variance is being requested as being Lot 15, Block 3, Gulf Shores Subdivision, more particularly described as 2700 Gulfview Drive, off Kelly Road in East Naples. He said that there are single family homes on either side of the property built approximately 2' above the subject lot elevation and that 80% of the lots in the area have been developed. As contained in the Executive Summary with regard to the Petition, Mr. McDaniel said that to elevate the proposed residence to the requirements of the pertinent Ordinance would result in 2:1 side yard slopes which would be difficult to maintain and would probably create runoff problems for the neighboring lots to the east and west. There were no persons in attendance indicating a desire to speak on the variance, whereupon Commissioner Wimer moved, seconded by Commissioner Pistor and unanimously carried that the public hearing be closed. Commissioner Archer moved for the adoption of Resolution 80-1 granting a variance to reduce the minimum flood elevation from 10 feet National Geodetic Vertical Datum (NGVD) to 7.5 feet ~:uVD, as requested in Petition FDPO 79-V-5 filed by Charles ~~~ley. The motion was seconded by Commissioner Pistor and carried 4/1 with Commissioner Wenzel voting in opposition. * * * * BOOK 050 PAGE 519 * ---jr------- -} "~~t:. ~ "~'~' -_.. ..._. } r January 8, 1980 Concerning the County's liability when granting a variance of this type, following a query posed by Mr. Mike Zewalk, it was pointed out by staff that there are letters on file on each variance granted indicating the petitioner's awareness of possibly increased flood hazard and increase in the cost of flood insurance. RESOLUTION 80-2 RE PETITION FDPO 79-V-6, HENDERSON CREEK,CONSTRUCTION COMPANY, REQUESTING APPROVAL OF A VARIANCE FROM MINJMUM~ASE FLOOD ELEVATION - ADOPTED Legal notice having been published in the N&ples Dai~y News on December 21, 1979 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was held to consider Petition FDPO 79-V-6, filed by B. M. Kirk, Henderson Creek Construction Company, requesting a variance of 2.44 feet lower than the elevation required by the Flood Damage Prevention Ordinance (FDPO 79-62) for construction of a Community/ Recreation Hall for a newly completed mobile home park located in the Henderson Creek area, legally described as being portions of Sections 10 and 11, Township 51 South, Range 26 East. Planner Tom McDaniel, referring to the Staff Report regarding the Petition, ~aid that the buildina was started - fill placed, rough plumbing installed and forms for the slab built before the owner was aware that the FDPO would require a higher elevation than planned. He said that the Federal Government alluded to eliminating recreational and utility buildings from their provisions but such was not the case and that there will be a "flock" of such variance requests, such as util ity buildings on golf courses, and the like. Planning Director Danny Crew said that such buildings are not exempt from Federal Regulations, but being non-residential, there is the option of flood-proofing which homes do not have. ~f s~ch builrlings are not flood-proof, he continued, the Regulations require that they he "up", thereby limiting the Federal liability in terms of a disaster. There were no persons registered to address the Board, whereupon Commissioner Wimer moved, seconded by Commissioner Brown and unanimously carrie~, that the public hearing be closed. BOO~ 050 PACE 52S II "~'~. . ;c,_'~' ...>._7". . ", . I ' '. I , '. . j , . - . " .... " . "\ .. f <:" . ' ," .. , .;. " _,u,. / ...~_~..;,'::., ~;i'~{1.'"/~;",,, ' "~:-.<... ',~': ~ < "- '-..... ~oox 050 PACE 52.4 January B, 1980 Commissioner Archer questioned why the petition was being recommended for denial whereas an earlier petition, involving a residence, was recom- mended for approval, suggesting that, unless the building under discussion was to be made an emergency shelter, there is no justification for denying the variance. Mr. McDaniel explained that there is a provision in the subject ordinance for granting a variance in the case where a property owner wishes to build a home in between homes that are built at grade in a developed neighborhood; however, he could not find a provision for a variance in the case under discussion. He said that he would prefer the ordinance be changed rather than a variance granted. Commissioner Archer pointed out that the ordinance has been mandated and cannot be changed. Commissioner Wimer expressed the opinion that he could not see any great difference between the subject petition and the variance granted, for a recreational building in Tiger Tail Park, and moved that Resolution 80-2 with regard to Petition FDPO 79-V-6, as detailed above, be adopted. The motion was seconded by Commissioner Brown. County Manager Norman noted the presence of Attorney J. Dudley Goodlette, representing the developer. Attorney Goodlette said that the matters which he desired to point out had been discussed and that he had nothing furher to add. Upon call for the question, the motion carried 4/1 with Chairman Wenzel voting in opposition. l i I I ." ." ." ." , /'-- I I ~~';';' ii- <':. "." --~-- ":'-' CJ ." ["-'1 ~ "~~. 'aooK 050 rm528. January a, 19BO * * RECESS: 10:20 A.M. until 10:30 A.M. at which time Deputy Clerk Brenneman was replaced by Deputy Clerk Swindle. . . * ORDINANCE ~O. 80-5 ESTABLISHING PROGRAM GUIDELINES FOR THE COMMUNITY DEVELOPMENT G~~NT PROGRAM - ADOPTED Legal notice having heen published in the Naples Daily News on December 18, 1979 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was held to consider a proposed ordinance establishing program guidelines for the Community Development Grant Program. Planning Director Danny Crew presented the request and stated in order for the Communi~y Development Grant Program to begin operation, it is necessary to adopt an Ordinance establishing guidelines for the administration of the Program. Dr. Crew explained that included in the guidelines are the administrative procedures, duties and responsibilities, rehabilitation standards and specifications and a minimum standard housing code for the project area. Because the proposed Ordinance was originally advertised on December 18, 1979, there has been ample time for 1t. to be reviewed by both state and federal agencies with the resulting changes, additions and corrections being incorporated in the final writing. There being no one registered to address the subject, Commissioner Brown moved, seconded by Commissioner Pistor and carried unanimously, that the public hearing be closed. Commissioner Archer moved, seconded by Commissioner Brown and carried unanimously, that the Ordinance with the changes, additions and corrections as indicated being included, and as numbered and entitled below, be adopted and entered into Ordinance Book No. 10. 1-- E1 ~.:~.tll r--.-- I ~b',' "".;".,..,~ "'. "'<f '" _...____._.._..............,._.~"'.~,."._..,,'_.....____;'''~_'' ~oa:< 050 PACE 534 January 8, 1980 ,,' ""1( AMENOMENT TO ORDIN~NCE NO. 75-19 EXEMPTING REMOVAL OF EXOTIC TREES - AUSTRALIAN PINE. MELALEUCA AND BRAZILIAN PEPPER AS A VARIANCE REQUIREMENT UNDER THE COASTAL CONSTRUCTION CONTROL LINE ORDINANCE - ADVERTISING AUTHORIZED FOR PUBLIC HEARING JANUARY 29. 1980 Commissioner Pistor moved. seconded by Commissioner Archer and carried unanimously, that the amendment to Ordinance No. 75-19 exempting removal of exotic trees - i.e. Australian Pine, Melaleuca and Brazilian pepper as a variance requirement under the Coastal Construction Control Line Ordinance be authorized for advertising of public hearing January 29, 1980. PETITION CCCL-79-7C BY SUBOCEANIC CONSULTANTS REQUESTING A COASTAL CONSTRUCTION CONTROL LINE VARIANCE ON PROPERTY IN SECTIONS 17 and 18, TOWNSHIP 52 SOUTH, RANGE 26 EAST - THE DUCHESS CONDOMINIUM, MARCO ISLAND - ADVERTISING MUTHORIZED FOR PUBLIC HEARING JANl!ARY 29.1980 Commissioner Pistor moved. seconded by Commissioner Archer and carried unanimously, that Petition CCCL-79-7C by Suboceanic Consultants requesting a Coastal Construction Control Line variance on property in Sections 17 and 18, Township 52 South, Range 26 East, the Duchess condominium on Marco Island be authorized for advertising for public hearing January 29, 1980. PETITION NZ-79-12C, COUNTY PLANNING DEPARTMENT RECOMMENDING AMENDMENTS TO THE ZONING ORDINANCE FOR OWNER OCCUPIED CHILD CARE CENTERS - ADVERTISING AUTHORIZED FOR PUBUr HEARING JANUARY 29, 1980 Co~nissioner Pistor moved, seconded by Commissioner Archer and carried unanimously, that Petition NZ-79-12-C filed by the County Planning Department recommending amendments to the Zoning Ordinance for owner occupied child care centers be authorized for advertising for public hearing January 29, 1980. PETITION NZ-79-13-C FILED BY COUNTY PLANNINP. ut~ARTMENT RECOMMENDING AMENDMENT TO THE ZONINC ORDINANCE TO ALLOW FOR '~iVATE BOATHOUSES AND DOCKS - ADVERTISING AUTHORIZED FOR PUBLIC HEAR.l~:G FEBRUARY 5. 1980 Commissioner Pistor moved, seconded by Commissioner Archer and - carried unanimously, that Petition NZ-79-13-C filed by County Planning Department recommending amendment to the Zoning Ordinance to allow for private boathouses and docks under Sections 21. 22, 23, 27, 28, 29, 37 and 38 of the Zoning Ordinance be authorized for advertising for public hearing February 5, 1980. r ---1 rl "'.~, ,'-"-.'-"-'-" "... ,'.-- I ~.' '~';". . C--I 'ntaII. JI . .~.. ., , . ..v. >, '. " . ~, ' I. ,. . '" .. ~ :- . ~ \ . 1 ... .' '.:' 'I '. , .--~""'-~rJ""" .. "'---- -, -..A_......~r-17 ( ..... ' r\I'll 1 ..~....~"'UoIIY ..:......~.~yu...,:.;; (J.. .:~. January 8, 1980 PETITION NZ-79-14-C FIlED BY COUNTY PLANNING DEPARTMENT RECOMMENDING AN AMENDMENT TO SECTION 48 OF THE ZONING ORDINANCE REQUIRING TIlAT ALL REZONE AMENDMENTS COMPLY WITH THE REQUIREMENTS OF THE RATING SYSTEM - ADVERTISING AUTHORIZED FOR PUBLIC Hr.ARING FEBRUARY 5, 1980 Commissioner Pistor moved, seconded by Commissioner Archer and carried unanimously, that Petition NZ-79-14-C filed by the County Planning Department recommending an amendment to Section 48 of the Zoning Ordinance requiring that all rezone amendments comply with the require- ments of the rating system be authorized for advertisin9 for pUblic hearing February 5, 1geO. CON~IDERATION OF FINAL ASSESSMENT ROLL FOR PRICE STREET IMPROVEMENTS - ADVERTISING AUTHORIZED FOR PUBLIC HEARING FEBRUARY 12, 19aO Commissioner Pistor moved, seconded by Commissioner Archer and carried unanimously, that the approval of the final assessment roll for Price Street Improvements be authorized for pUblic hearing February 12, 1980. CREATION OF THE EAST NAPLES FIRE HYDRANT MUNICIPAL SERVICE TAXING DISTRICT- ADVERTISING AUTHORIZED FOR PUBLIC HEARING JANt:ADY 29, 1980 Commissioner Pistor moved, seconded by Commissioner Archer and carried unanimously, that consideration of the creation of the East Naples Fire Hydrant Municipal Service Taxing District be authorized for public hearing January 29, 1980. LEASE-AGREEMENT BETWEEN BOARD OF COUNTY COMMISSIONERS AND THE AMERICAN LEGION POST #146, IMMOKALEE, FOR OFFICE SPACE TO BE UTILIZED BY CETA - APPROVED CETA Director Jim Meerpohl presented the request for the CETA office in Immokalee to be moved from its present office in the crowded Florida State Employment Office to a separate space in the American Legion Hall Post N146. Mr. Meerpohl stated that the ~ETA Tmmokalee Operation has grown from one to four persons in the past year and even though the Florida State Employment Office has been very cooperative in letting CETA maintain its office in their structure, they too have grown in size with the result being cramped quarters for all concerned. In way of explanation, Mr. Meerpohl said that both the Florida State Employ- ment and the Florida State Unemployment offices have been combined and the 800K 050 PACE 535 ':-- I " "'(f~' .II 1 ~ .11 ~','l :L ;\~;;'~:'. ~OOK 050 PI.CE 536 January 8, 1980 rent-free space that had been donated to CETA in the past is no longer available. Hp. co~cluded that after a diligent search, appropriate space has been located in the American Legion Post 1146 which also houses the Adult School Education Program and the Congregate Meals Program and the rent for such premises would be $4,100 (said monies coming '1:Jt of CET^'s overhead fund with no expense to the County). Commissioner Wimer moved, seconded by Commissioner Archer and carried unanimously, that the lease agreement between the Board and the American Legion Post 1146 for office space to bp. utilitized by the CETA personnel in Immokalee be approved and the Chairman be authorized to execute same. 11 * 11 11 11 * r--] C1 LI .I.l J I ] January 8, 1980 REPORT FROM TAYLOR, EDENFIELD, GILLIAM & WILTSHIRE, CPA RE AMERICAN AMBULANCE - ACCEPTED. CHAIRMAN AUTHORIZED TO SIGN LETTER OF ENGAGE- MENT AND STATEMENT OF SCHEDULES OF ACCOUNTS RECEIVABLE AND ACCOUNTS PAYABLE - LONG TERM OF AMERICAN AMBULANCE, INC. FOR FY ENDED JULY 31, 1979 Following County Manager Norman's statement that the audit ending FY July 31, 1979 for American Ambulance had been received on December 26, 1979, Fiscal Officer Hall gave his comments regarding his review of same. T He stated that at the meeting of December 18, 1979, the Board directed that the engagement letter and the audit be reviewed by him and staff to determ~eif all recommended items had been included. To this end, Mr. Hall reported that all requirements, as agreed on by the Board, have been included in the Letter of Engagement and the audit. He asked that the Chairman be authorized to sign the Letter of Engagement and the audit indicating acceptance of both documents. Commissioner Pistor moved, seconded by Commissioner Archer and carried unanimously, that the Chairman be authorized to sign and accept both the audit for American Ambulance ending FY July 31, 1979 and the Letter of Engagement regarding same. * * * * * '. * BOOX 050 PAGE 539 .}I ,J";,,~J . J January 8, 1980 ANALYSIS OF FRANCHISE AGREEMENT BETWEEN COLLIER COUNTY AND GULF COMMUNICATORS, INC. (DATED JUNE 8, 1967) - ACKNuWLEDGED County Manager Norman explained that on January 22, 1980 the Board would hear a rate increase request by Gulf Communicators, Inc. and it is to provide the members with information and analysis of the presently held franchise agreement between the County and Gulf , Communicators, Inc. that this report is made. Chairman Wenzel acknowledged receipt of the report as included in the agenda packet of today. INTERVIEWS FOR COMMUNITY DEVELOPMENT ADMINISTRATOR POSITION TO BE HELD AT 1:00 P.M., JANUARY II, 1980 I County Manager Norman explained that there had been a change in the time element regarding the interviews for the position of Community Development Administrator. Instead of being held at 9:00 A.M., Friday, January 11, 1980 they will be held at 1:00 P.M. Friday afternoon due to the withdrawal of one candidate and the inability of the other two candidates to be available during the morning hours. CONSIDERATION OF AN ADDITIONAL POSITION OF FOOD SERVICES SUPERVISOR/ CORRECTIONAL OFFICER FOR IMMOKALEE STOCKADE - WITHDRAWN PER COUNTY MANAGER'S REQUEST County Manager Norman stated that as a result of a recent dis- cussion he had with Public Safety Administrator Tom Hafner regarding the proposed position at the Immokalee Stockade, he was suggesting that this item be withdrawn until certain "work"is completed between the Public Safety Administrator's office, the Stockade and the State Department of Corrections. The information being compiled between the three offices is in regard to the number of prisoners that can be properly handled under State Code and tile nunit-e!' of officers needed for said prisoners. Mr, Norman concluded that such a position and person is needed in order for the Stockade to comply with State requirements and this request will be brought back to the Board at a later date. Chairman Wenzel accepted the request for withdrawal. Max 050 PACE 543 l ':~~~ :..-'~rl'; J/ :'}~~:('''':':':i' It:or""J , :.,lof;:iT;;- ~ , . ' , , .. . , " , ." . "" .., . ' v--::- - ~:':.'_;:~~:. i i :~::;r:1JriW:'j'~f';~l"'(~J;-"" ~ ;;::~r;..r"\ 1:.- i "....j MOl( 050 PACE 544 January 8, 1980 ESTOPPEL CERTIFICATE FOR NEW OWNER OF THE SHERIFF'S SUBSTATION ON MARCO ISLAND - APPROVED. CHAIRMAN I,UTHORIZED TO SIGN SAME Following County Manager Norman's statement that the property that houses the Sheriff's Substation on Marco Island has changed owners, Commissioner Pistor moved, seconded by Commissioner Archer and carried IJnanimously, that the current estoppel certificate issued for the new owners of the property referenced above, be approved and the Chairman be authorized to sign and execute same. * * * * * * * * * (--, 'r"f,~,,:ij.'t .-j~~ .~~ - ..i ~ c-1 "':iJf::~r r-, '\ l,. 1 ~' ---" .,-' . , .' './h " . - .. . . . , . . , . _+ .. '.' I . "'\ -I , , ,I. ',,- '" . . . . ...." , . "',,o'.~ 'J ( January 8. 1980 J GUN PERMIT NO. 80-1 FOR PAUL MARTIN - GRANTED County Manager Norman presented the request by Paul Martin for a concealed pistol permit and stated Mr. Martin was applying under the provision of the Ordinance that concerns "threats on one's life". Mr. Norman said Mr. Martin has met all the requirements of the gun permit OrdinanL~ and has, additionally, completed the certification by the Sheriff's office of his ability to handle firearms. Thfs, together with documentation of his need for such a concealed weapon permit, results in Staff recommending approval of Mr. Martin's request. Commissioner Wimer moved, seconded by Commissioner Pistor and carried unanimously, that Gun Permit No. 80-1 in the name of Paul Martin be approved and that the effective dates be shown as follows: January 8, 1980 to January 7, 1982. EMERGENCY MEDICAL SERVICES AGREEMENT BETWEEN LEE COUNTY - COLLIER COUNTY - ADOPTED WITH STIPULATION County Manager Norman presented the proposed intergovernmental agreement which has been negotiated primarily hy Dr. William Cox, Director, Collier County Health Department, working with the represen- tatives of Lee County, Dr. Tober and American Ambulance personnel and stated that all parties have agreed to the concepts indicated in the agreement which "will have the effect of making it formal as well as el iminating any legal questions". Mr. Norman reported that the pro- posed agreement will allow the Lee County EMS to provide services in those areas of Bonita Shores/Little Hickory Shores when the services of American Ambulance are delayed because of the distance involved. He asked that the Board approve the agreement in concept: refer the matter to the County Attorney to be put in legal form and, upon finalization, authorize the Chairman to execute same. Following discussion which included the comparison of this agreement to a mutual aid agreement; the County Ordinance which states only American Ambulance can provide such service in Collier County except as approved by the Board of County Commissioners~ the question of the Lee County vehicles having the same emergency radio frequency for use between the eool< 050 PACE547 ~~ .ft''', --.v- ,----- _. ., . . ';'~~:IIIiiiIII~ ....., ,...~ J ~ ~ ~ ' , . . . r .. " ' .. ;., , t ' . . . ~:::~~;'~~.~.'" "';.'..::.<.' -...;...,... ...... .-. ~...... -A.~ Max 050 PACE 548 January 8, 1980 hospital and the vehicles: the question of liability and those doctors involved;and the fact that the Lee County Commission must approve this agreement too before it can become effective, Commissioner Archer moved, seconded by Commissioner Pistor and carried unanimously, that the agreement, as proposed, be approved in concept; that the matter be referred to the County Attorney to ~e put 1n corrpct legal form and upon finalization, that the Chairman be authorized to execute same. Note: Document not prepared at this time. FINAL PLAT FOR MARCO BEACH UNIT 25 (LOCATED BETWEEN SOUTH HEATHWOOD DRIVE AND SAND HILL STREET, MARCO ISLAND) - APPROVED Planner Lee Layne presented the request by Deltona Corporation for approval of the construction drawings and the final plat for Marco Beach Unit 25 which is located between South Heathwood Drive and Sand Hill Street on Marco Island. Ms. Layne stated that the Subdivision Master Plan was approved by the CAPC on December 16, 1976 and by the Board on January 4, 1977 with the following stipulations: 1. Bikeway system to be provided as shown on the plans 2. The recreational improvements to include baseball field with backstop, 2 shuffleboard courts, 2 h~rseshoe pits, tot lot, 6 picnic tables and 3 open shelters (chickies) 3. Parking for 40 cars These stipulations were agreed to by Oeltona. Continuing, she said that the County Engineer has reviewed the construction plans and found them in compliance with the approved Master Plan. The County Engineer recommends approval of the construction drawings and final plat with the stipulation that the Final Plat not be recorded until approved security is provided to the County and improvements to the Community Park site are made. But, Ms. Layne stated, since the latter stipulation had been made, security has been received from Deltona, whir.'i in,ludes, in such security bonding/for the park improvements, therefore, changing the Staff's recommendation to one of approval for the Final Plat's recordation. I --- I CJ C--."', i.~" -, II ..,,~ ...--~'1~....-. . . . . , . , " . "'\ . ... ---- , ' . ~...,_.....,y,.."t }",;",:."" <,', ~_.." --". (, ., -..~ .. ..~ ',. .J r January 8, 1980 Mr. Oshlenger. Vice President of project development, Deltona, answered Commissioner Pistor's query regarding the land dedicated to the County fOI" the park site and its proposed use i.e. baseball park: community center; parking area, by stating that on the replat of Marco Bear.h Unit 25 the park site is designated to the County and Deltona has agreed to and will do the improvements requested by the County to the park site which. Mr. Oshlenger stated. included the ball park improvementS. Additionally, he said, there is another location, not Deltona Land. which can be con- structed as a ball park but that Deltona is prepared to build the park site improvements as previously agreed to and it would be up to the County to make that decision. Mr. Leigh Plummer, President of the Marco Island Civic Association. explained that the 2.4 acres set aside in the plat for a community building does not allow enough space for a parking lot and the proper landscaping for the proposed cOlllllunity center if the ball park is to be included in Deltona's improvements to the park site. Following discussion which included County Engineer Barksdale's suggestion that perhaps Deltona would construct the baseball park on the other site; that the lake area could be redesigned to allow more parking space; and the settling of the problems at a later date, Commissioner Wimer moved. seconded by Commissioner Archer and carried unanimously, that the Final Plat for Marco Beach Unit 25 be approved. INVITATION TO BE ISSUED TO MR. RYAN. CABLEVISION/PALMER BROADCASTING TO ATTEND BOARD MEETINC OF JANUARY 15, 1980 TO EXPLAIN RECENT RATE INCREASE Mr. Henry Friedheim. subscriber to Cablevision, voiced his opposition to the recent increase in the Cablevision rates as shown on his January 1. ~30 bill, saying that the figure of $91.20 represents an increase of 13~% which is a great deal more than the Federal guidelines suggest - 7% to 8%. Also. Mr. Friedheim stated that the differ..r.".c between the charges for the residents of the City ($80.00) and the residents of the County ($91.20) is considerable. Following discussion. it was the consensus of the Board, that Mr. Ryan, President of Cablevision, be invited to attend the Board meeting of January 15, 1980 to explain the recent rate increase and the difference between the charges for the City and the County. aDaK 050 PACE 549 11----'-- I r- --1 '''I ,\., -----.-.,.,-----;-,-- ,,", w '[)oOK 050 P~Cf 550 January 8, 1980 RESOLUTION r:o. 80-4 CALLING FOR A REFERENDUM TO IMPOSE THE NINTH CENT GAS TAX - ADOPTED - REFERENDUM TO BE HELD MARCH 11, 1980 Public Works Administrator Cliff Barksdale reviewed the proposal that a referendum be held regarding the imposition of a ninth cent gas ~ax and stated that on May 15, 1979, the Board of County Commissioners directed that Golden Gate Pnrkway (Coastland Boulevard) be scheduled in 1980-81 and funded through the revenues from an additional 9th Cent Motor Fuel Tax for Collier County, and that a referendum be held as soon as possible. After receipt of a letter from Mayor Anderson dated July 19, 1979 informing the Board of County Commissioners that the City Council did not approve the use of an additional It gas tax for the p"~pose of funding Coastland Boulevard and other road improvements, the Board voted, on August 14, 1979, not to hold a referendum previously scheduled for October 9, 1979 regarding the 9th Cent Gas Tax. The matter was then referred to the County and City staff to continue efforts and provide for recommendations regarding the funding for Coastland Boulevard as well as other road projects for which funds are not available. The County Manager and County Engineer have had several meetings with the City Manager and the City Engineer to discuss various alterna- tives and have agreed on recommendations to provide the additional funds required, said Mr. Barksdale. The background pertaining to the discussions and courses of action were outlined in a previous memo from the City Manager and in the City Resolution No. 3422 passed by the City Council, Mr. Barksdale continued, ~t if the referendum on March 11, 1980 is favorable, action must be taken by the County to obtain approval from both the Florida Department of Transportation and the Fed~ral Highway Administration to substitute the constructinn of Golden Gate Parkway Extension (Coastland Boulevard) in 1 ieu of Gold!:;;. Gate Boulevard and process a revenue bond pledging the proceeds from the 9th Cent Gas Tax. The proceeds from this 27 year bond issue at 7%, which would yield approximately $5.4 Million, would be sufficient to construct Golden Gate Boulevard between Airport Road and 1-75 and the first two priorities of the Road Construction Program - those two priorities being: (a) Goodlette Road between Fleischmann Boulevard and Pine Ridge Road and r-:1 i ',:,~r=-H - rl.-~ ; 11~- r l I ,J I -.--"':t'-";'~' ::); ;"'~l.l-"~:1' ''1''1 f/-~'.' l-:..';1"\l'~~-,':?t:. '.- ..~, "" , .l,.,",::~", r. .1 ' , ......-----......- January 8, 1980 (b) Pine Ridge Road between U.S. 41 and Airport Road. Mr. Barksdale concluded his presentation with the recommendation from Staff that the Board approve the proposed Resolution, calling for a referendum to be held on March II, 1980 and to authorize the imposition of the one cent County-wide gas tax for a JO year period. Following discussion which included favorable remar~s made by Mr. Egon Hill, private citizen, who suggested 7 or 10 years time period, and Mr. Jack Conroy, representing the Chamber of Commerce, who recom- mended immediate adoption of the proposed Resolution, Commissioner Wimer moved that the following words be stricken from the Title of the pro- posed Resolution in every instance where said Title appears: "THE COSTS AND EXPENSES OF ESTABLISHING, OPERATING AND MAINTAINING A TRANS- PORTATION SYSTEM AND RELATED FACILITIES AND--". Commissioner Archer seconded the motion and it was carried unanimously. After said action, Commissioner Brown moved, seconded by Commissioner Pistor and carried unanImously, that Resolution No. 80-4 calling for a referendum to be held on March 11, 1980 to impos~ the ninth cent gas tax, be adopted. * * * * * * ~OQK 050 PI.CE 55i "",' ,;.. -: . f 10 .~.... r-- ,r ,~~'t,.:~- ,.. -----;r L. .J \ ) l [,:.:J ( J January 8, 1980 -BIO NO. 401 fOR STREET IMPROVEMENT CONSTRUCTION, IMMOKALEE, AWARDED TO ASHLAND-WARREN, INC., FORT MYERS, FLORIDA IN THE AMOUNT OF $62,822.20 _ APPROVED Legal notice having been published in the Naples Daily News on November 19 and 21. 1979 regarding Bid 1401 for street improvement construction in Immokalee for Rose Avenue, Price Street, School Drive and Fahrney Street, CommissIoner Archer moved, seconded by Commis- r sioner Pistor and carried unanimously, that Bid 1401 for Street Improve- ment Construction, Immokalee (a portion of the Immokalee Grant Program) be awarded to Ashland-Warren, Inc., Fort MYers, Florida in the amount of $62,822.20 as contained in the recommendation of the Bid Review Committee and that the Chairman and the Clerk be authorized to sign and attest the resulting Agreement. PERMIT #80-1 FOR COLLIER COUNTY AGRICULTURAL FAIR AND EXPOSITION, INC. TO OPERATE FAIR AT SWAMP BUGGY GROUIlDS FROM JANUARY 12, 1980 THROUGH JANUARY 19, 1980 - GRANTED Commissioner Archer moved, seconded by Commissioner Pistor and carried unanimously, that Fair Permit 680-1 be granted to the Collier County AgricultlJral Fair and Exposition, Inc. to operate a fair at Swamp Buggy Grounds from January 12, 1980 through January 19. 1980. * * * * * * * * BOOX 050 PACE 555 ,t'~::,.';~' ,.I J January 8, 1980 REPORT AND DISCUSSION REGARDING THE COUNTY UTILITY DIVISION'S ACQUISITION CF MARCO UTILITIES - CONTINUED UNTIL JANUARY 15, 1980 PER UTILITY DIRECTOR ~~RZON'S REQUEST Following Utility Director Berzon'~ request that the progress report regarding the County's acquisition of the Marco Utilities be continued due to the need of gathering more information. Commissioner Archer moved, seconded by Commissioner Pistor and carried unanimously, that the status report be continued until January 15. 1980. r DESIGNATION OF AN ALTERNATIVE WATER DEVELOPMENT PLAN REGARDING COUNTY WATER SUPPLY TREATMENT AND TRANSMISSION - CONTINUED UNTIL JANUARY IE, 1980 PER UTILITY DIRECTOR'S REQUEST Commissioner Archer moved, seconded by Commissioner Pistor and carried unanimously, that t~is item as a companion to the preceeding request be continued until January 15, 1980. per Utility Director Bcrzon's request. RESOLUTION CWS 80-1 INITIATING TIlE FINANCING PLAN FOR ENGINEERING SERVICES FOR WATER/SEWER PROJECT FOR THE SOUTH ONE-HALF AREA "B" (EAST NAPLE$) - ADOPTED. Utll it) Di rector Berzon presenterl the proposed Resol uti on which will initi~te the financing plan for the engineering services necessary for the Water/Sewer Pro,iect in the South One-Half Area "B" (East Naples) and explained that during the Board meeting of December 4, 1979, the Board of Coun~y Commissioners approved the preparation of Construction Plans and Specifications for the "East Naples" Sewer System, in order to proceed with Bond Validation, which can only be done, after the prepara- tion of Plans and Specifications. He stated that the Board had also authorized the creation of a Municipal Services Tax District on December 18, 1979,to provide the funds to pay for these plans and specifi- cations. A review of the funds needed (between $500.000 and $600,000) and. the tax base of the South one-half of Sewer \rl'a "B" reveals that approximately 4/5 mill will be needed to raise the required revenue in one (1) year and one year is the limit in time in wh'ch the funds advanced from the General Fund would have to be paid back. Mr. Berzon continued, that in order to spread out the potential tax burden over a 3 to 4 year period, in the event that Bond Validation is "held-up", BOOK 050 PACE 557 ._~. i/ ,". ,",m~, ".. ~ ... " 't '," ...:., " ~-.... ~ --: I:,' '.,},..,., -. "~. ,-- . 'I~l. ,:'''~'' BOOK 050 rACE 558 January 8, 1980 it is proposed that fun~ing be done in the following mann~r: a) Funds, equivalent to no more than one (1) mill be 3dvanced from the General Fund during FY 79-80, to be paid back from revenue derived from the MSTD - This estimate is approximately $175,000. The balance of the required funds to be borrowed for one (1) year from commercial banking sources and backed-up, if necessary, by one (1) year tax anticipation notes guaranteed by the General Fund - such funds to be paid back, partially, in the succeeding years in revenues raised by the MSTD and the Balance of the notes - renegotiated for one (1) more year. Said process to be repeated until the full amount has been repaid. b) Mr. Berzon concluded that the procedure would permit the Board of County Commissioners to have plans and specifications prepared and to obtain Bnnd Validation for the prQject in the shortest time possible while still permitting the ~se of the borrowing power of both the General Fund and the MSTD within the time limitation imposed on these entities by the Florida State Statutes. The proposed Resolution has been prepared by the County Attorney so as to be proper and legal. Commissioner Archer moved, seconded by Commissioner Pistor and carried unanimously, that Resolution CWS 80-1 initiating financing plan for engineering services for the South One-Half Area "B" (East Naples) Water/Sewer Project, be adopted. * * * * * * ,--, Cl C'l ('''&I'~,~~''';~':'".,,:,.,,~ A'f';;('~~' __ " , .." , . . , ' . . 4'\ . , -. . ~. ;. ."h:~~ ..' ,~, '\ I '800X 050 PACE57B. January 8, 1980 PAYMENT OF ROUTINE BILLS - AUTHORIZED Following Fiscal Officer Harold Hall's statement that the bills being presented for approval for payment have been prepared following established procedures and that funds are available, Commissioner Archer moved, seconded by Commissioner Pistor and carried unanimously, that the bills be approved for payment as witnessed by the following warrants issued from December 19, 1979 through January 8, 1980: FUND BCC Payroll CETA BCC Payroll County Warrants Genera 1 Fund WARRANT NOS. 598 - 712 63400 - 63405 7401 - 7850 2705 ~ 3286 3 & 4 ASSESSMENT FOR MEMBERSHIP OF COLLIER COUNTY IN SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL FOR THE PERIOD JANUARY 1, 1980 THROUGH MARCH 31, 1980 - APPROVED IN THE AMOUNT OF $5,592.00 Commissioner Archer moved, seconded by Commissioner Pistor and carried unanimously, that the assessment for the membership of Collier County in the Southwest Florida Regional Planning Council for the period January 1, 1980 through March 31, 1980 be approved in the amount of $5,592.00. COLLIER COUNTY SISTER CITY PROGRAM ANNUAL MEMBERSHIP DUES FOR ONE YEAR - APPROVED IN THE AMOUNT OF $125.00 Commissioner Pistor moved, seconded by Commissioner Archer and carried unanimously, that the Collier County Sister City Program annual membership dues for the year 1980 be approved in the amount of $125.00. BUDGET AMENDMENT NO. 80-17 TO APPROPRIATE THE LIBRARY'S CASH CARRYFORWARD FROM FY 1978-79 TO FY 1979-80 - GRANTS, GIFTS & TRUSTS - APPROVED IN THE AMOUNT OF $15,851 Commissioner Archer moved, seconded by Commissi :per Pistor and carried unanimously, that the following Budget Amendment No. 80-17 be adopted in ,the amount of $15,851. J * * * * L=-~d I C1 'It l '[":;;"fi'"' .1/ ,-,,- ", .;:,,-~.;.,.; -1flJ r-I rtIIi ' --"~ T/- --- I MCx 050 rACE 580 January 8, 1979 BUDGET AMENDMENT NO. 80-18 FOR THE TRAN~FER OF FUNDS TO PROVIDE EMERGENCY FUNDING FOR DRAINAGE WORK IN THE IMMOKALEE AREA (ROAD AND BnIDGE FUND! TRANSPORTATION) - APPROVED IN THE AMOUNT OF $15.000 Commissioner Wimer moved. seconded by Commissioner Pistor and carried unanimously. that the following Budget Amendment No. 80-18 lie adopted. * * * * * * * * * ~ ~ ~' [~--1 JI C1 t'~' ,,: < ~ :,' ' . 1 [7'-' I ~- ". ".' -:-:-,--- ','" ,,'\' ,;"",,''':I.:''~ , ""~ I "j l' , " . , , . I . ' , I ' . '" 41\ ' .', I 10,-....001'1. { January 8, 1980 Max 050 PACE 58f STATUS REPORT RE COUNTY AUDlTS FOR FY 1978~79 GIVEN BY FISCAL OFFICER HALL Fiscal Officer Harold Hall gave a status report on the County audits, stating all audits are either on schedule or ahead of schedule including several that were authorized for the various County funds. Mr. Hall indicated that the County Water/Sewer District (und audit is completed but not yet typed - ~waiting some coordination with the work papers of the Auditor General's audit for last year. The other four audits are nearing completion, making them a great deal ahead of schedule. Mr. Hall also made the following conrnent regarding the "County Audit Legislation" explaining that the Count~' can apply for reimbursement of the costs of the above-referenced County auuits according to the Legisla- tion as passed, not only for the cost of the County Conrnission audit but also for the audits of the constitutional officers. Continuing, Mr. Hall said money had been provided in this year's budget for the County audit which will be paid for out of this year's monies but application can be made to regain this expense (up to 100%) and will be shown in the 1980-81 budget. Mr. Hall concluded his remarks by saying that he had spoken with the Senate Conrnittee pertaining to County budgets and the allocation between County-wide funds and non-County-wide funds and had learned that the House Conrnittee had surveyed 45 counties of which only 15 counties were found to be in compliance with the 1978 Statutes. He stated he was happy to report that the Collier County budget was in complete compliance with the 1978 Statutes pertaining to allocation of both expenditures and revenues between the County-wide funds and non-County-wide funds. Chairman Wenzel offered congratulations tc Fiscal Officer Hall and Clerk Reagan for a Job well-done. JURORS' LIST FOR THE YEAR 1980 - APPROVED AND SUBMITTED TO THE CLERK FOR THE RECORD Conrnissioner Archer moved, seconded by Conrnissioner Pistor and carried unanimously 5/0. that the proposed Juror List for 1980 be approved and submitted to the C1 erk for the record. L1 st appears on pages 602 through 668 r-:--1 E::"1 ,".'oa<_,,'~ ~:-'--'-" '!.'l~~~._ ri '~ ......... i::...., ~,i~~... ' -..,,,,",, , . ..- II . . - ....." . I . """ . \' '''. ..~~ 1':4h~*,\'~ <If' . . ..t7it..' [_J ~', ~: I~ . J [ ) JanUl\ry 8, 1980 liF.W AND REAPPOINTED MEMBERS OF THE CONTRACTORS LICENSING BOARD - ^PPROVED Commissioner Pistor moved, seconded by Commissioner Archer and carried unanim0usly that the following members be reappointed and/or appointed as members of the Cont.ractors Licensing Board: Reappointed: Residential Contractor Electrical Contractor Plumbing Contractor Mechanical Contractor Engineer Architect Specialty Contractor Newly appointed: William L. Slocum Robert, C. Utter I.K. Wolford Robert Towle James F. Spade Richard W. Morris Alex R. Garland General Contractor Roofing Contractor William L. Jones Richard Golden THIRTY DAYS GAIN TIME FOR COUNTY JAIL INMATE #10 A#33340 - APPROVED Commissioner Archer moved, seconderl by Commissioner Pistor and carried unanimously, that in compliance with Florida Statute 951.21 and Collier County Ordinance 176-24, thirty days gain time for Count.y Jail Inmate lID AI33340 be approved, making the date of his release January 15, 1980 as recommended by Sheriff Rogers. BOOK 050 rliCE 585 :rl.l. ~t.:::ii;..~'-."- --, ,il ...b.. _ , " ~\ f :'.: .'k;',:;'~'r'~~' mx 050 PACE 584 January 8, 1980 CERTIFICATES FOR CORRECTION ON 1979 TAX ROLL - APPROVED FOR CHAIRMAN'S SIGNATURE Commissioner Archer moved, seconded by Commissioner Plstor and carried unanimously, that the following Cp~tificates for Correction on the Tax Roll for 1979 be approved and that the Chairman be authorized to sign same: No. 27 & No. 28 dated 11/7/79 dated 12/17/79 - 12/21/79 (Tangible Personal Property) 1979 - 123-131 No. 249 No. 251 & No. 252 No. 256 - 280 No. 282 - 288 No. 296 - 306 No. 311 dated 12118/79 dated 12/12/79 dated 11/15/79 - 12/21/79 dated 12/16/79 - 12/27/79 dated 12/27/79 - 12/28/79 dated 12/31/79 REQUEST BY GOLDEN GATE ESTATES REDEVELOPMENT STUDY COMMITTEE TO USE COUNTY HELICOPTER - APPROVED Commissioner Archer moved, seconded by Commissioner Pistor and carried unanimously, that the request made by the Golden Gate Estates Redevelopment Study Committp.e to use the County helicopter for 1~ hours to fly the Corps of Engineers representatives over the Golden Gate Estates area on January 4, 1980 be approved. RESOLUTION NO. 80-5 AND GRANT APPLICATION FOR PROJECT "SPECIALIZED tlURGLARY ENFORCEMENT PROGRAM"- ADOPTED - CHAIRMAN AUTIlORIZED TO EXECUTE BOTH DOCUMENTS Commissioner Archer moved, seconded by Commissioner Plstor and carried unanimously, that Resolution No. 80-5 authorizing subgrant application for LEAA funds for equipment to be used by the Sheriff's Department in specialized burglary enforcement program, be adopted and the Chairman be authorized to sign the grant application.* * Complete grant application appears on file in ~ffice of the Clerk of the Board. * * * * ' r-- -1 L""l .-1 II ~'" '. . . . ,; I , . . . l, ~.. ~,' .: . .' ~ . y , ~ aDO'~ 050 PACt 588. January 8. 1980 CHAIRMAN AUTHORIZED TO SIGN FORMS RE U.S. BUREAU OF THE CENSUS WHICH DELINEATES THE 1980 BOUNDARY AND ANNEXATION SURVEY WITH RESPECT TO MUNICIPALITIES Commissioner Archer moved, seconded by Commissioner Pistor and carried unanimously. that the Chairman be authorized to si9n the forms* submitted by the U.S. Bureau of the Census which delineates the 19BO boundary and annexation survey with respect to municipalities. * Copy on file in office of Clerk of the Board. CHAIRMAN AUTHORIZED TO SIGN THE ISSUANCE OF DUPLICATE TAX SALE CERTIFICATE TO T.H. BROUSSEAU AS CERTIFICATE 6954 FROM THE 1979 SALE HAS BEEN LOST OR DESTROYED Commissioner Archer moved, second~d by Commissioner Pistor and car'ried unanimously, that the Chairman be autilorized to sign the issuance of a duplicate tax sale certificate to T. H. Brousseau as Certificate 6954 from the 1979 sale has been lost or destroyed. * * * * * * r----l C1 [~I rt-}H~~JI " January 8, 1980 'I\O!lX 050 fACE 590 LETTER OF RESIGNATION FROM ROBERT C. MOSS AS MEMBER OF THE SOUTHWEST FLORIDA MENTAL HEALTH BOARD - ACCEPTED - APPROPRIATE LETTER AND CERTIFICATE OF APPRECIATION - AUTHORIZED Commissioner Archer moved, seconded by Commissioner Pistor and carried unanimously, that the letter of resignation from Robert C. Moss as a member of the S.W. Florida Mental Health Board be accepted and that an appropriate letter and certificate of appreciation be authorized for transmittal to Mr. Moss. COUNTY ENGINEER BARKSDALE AUTHORIZED TO PREPARE RESOLUTION REJECTING THE OFFER BY THE DEPARTMENT OF NATURAL RESOURCES OF 7.25 ACRES OF LAND IN COLLI ER COUNTY Following County Engineer Barksdale's statement that the County would have no interest in the 7.25 acres of land offered by the Depart- ment of Natural Resources, to become part of the Fahkahatchee Strand, Commissioner Archer moved, seconded by Commissioner Pistor and carried unanimously, that Mr. Barksdale be authorized to prepare a Resolution rejecting the offer of said land for transmittal to the Department of Natural Resources. WORKSHOP TO BE HELD TUESDAY, JANUARY 15, 1980 REGARDING ANY LEGISLATION FOARD MIGHT WANT CONSIDERED AT THE LEGISLATIVE PUBLIC HEARINGS ON JANUARY 25. 1980 ~ I: I'"' ~ It was the consensus of the Board that a workshop be held on Tuesday, January 15, 1980, to consider any legislation the Board might want to have considered at the Legislative Public Hearings on January 25, 1980 i.e. Emergency Medical Services transportation and Ambulance Service. Chairman Wenzel ask~d that a11 Fire Commissioners be invited to attend. In addition, City Councilman Schroeder asked that the City be notified of the date and time of the proposed workshop. I; I ,. COUNTY ENGINEER BARKSDALE TO REVIEW REQUEST OF VEHICLE SAFETY INSPECTION ASSOCIATION OF FLORIDA RE NEEDED INCR-ASE IN MOTOR VEHICLE INSPECTION FEE FROM $3 to $5 AND BRING BACK REPORT TO THE BOARD IN TWO WEEKS . Commissioner Archer moved, seconded by Commissioner Pistor and carried unanimously, that County Engineer Barksdale review the request from the Vehicle Safety Inspection Association of Florida regarding the need to increase the motor vehicle inspection fee from the present $3 to $5 and bring back his report to the Board in two weeks. . , I f' f !: I, I. CJ r- , " ,;.;~~ ~' I.' ,I . .. ' . . , . . . ~ ' . . . . , ~ "'. )j I I I L=J I.'] I J January 8, 1980 CRAIG L. MEFFERT'S LETTER RE MATTER OF INSTALLING FIRE HYDRANT AT INTERSECTION OF 93RD AND 94TH AVE. NORTH AND U.S. 41 IN NAPLES PARK _ REFERRED TO STAFF FOR RESPONSE Commissioner'Wimer moved, seconded by Commissioner Pistor and carried unanimouSly, that the matter of installing a fire hydrant in the intersection of 93rd and 94th Ave., North and U.S. 41 in Naples Park as requested in a letter from Craig L. Meffert be referred to Staff for response. STAFF AUTHORIZED TO PREPARE A RESOLUTION STATING THE BOARD'S OPPOSITION TO COLLIER COUNTY BEING INCLUDED AS AGENT AFFECTING THE BISCAYNE AQUIFER Commissioner Archer moved, seconded by Commissioner Pistor and carried unanimously, that the Staff be authorized to prepare a resolution stating the Board's opposition to Collier County being included as agent affecting the Biscayne Aquifer, having the technical points of opposition so stated in the language of said resolution, and bring the completed resolution back to the Board next week. DEPUTY SHERIFF DAVID E. WEEKS' PRECINCT NO. 32 FILED FOR THE RECORD In compliance with Florida Statute 30.08, the name of Deputy Sheriff David E. Weeks and his voting precinct #32 is filed with the Board of County Commissioners to become a part of the minutes of the meeting. LAKE TRAFFORD MEMORIAL GARDENS CERTIFICATE DEEDS NUMBERED 200; 201; 202; 203: 204 and 205 - RECORDED AND FILED FOR THE RECORD Pursuant to action of the Board January 10, 1978 wherein the Chairman was authorized to sign various deeds to Lake Trafford Memorial Gardens cemetery lots as the need arises, the following' Deeds numbered 200: 201: 202; 203; 204; and 205 were recorded and filed for the record. aO!lX 050 PAGE 59! ,:-...,.,-~~;-.-, I --p-------,..