BCC Minutes 01/15/1980 R
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Naples, Florida, January 15, 1980
LET If BE REMEMArRED, that the Board of County Commissioners in
and for the County of Collier, and also acting as 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 Session in Building "F" of the Courthouse Complex with the
following members present:
CHAIRMAN: Clifford Wenzel
VICE-CHAIRMAN: Thomas P. Archer
C.Il. "Russ" Wimer
John A. Pistor
ABSENT: David C. Brown
ALSO PRESENT: William J. Reagan, Clerk; Harold L. Hall, Chief
Deputy Clerk/Fiscal Officer; Darlene Davidson and Edna Brenneman (1:30 P.M.),
Deputy Clerk~; C. \~illic:lm Normc:ln, County Mc:lnilger; Donald Pickworth,
County Attorney; Anthony Pires, Assistant County Attorney; Clifford
Barksdale, Public Works Administrator/Engineer: Gene Willett, Adminis-
trative Assistant to the County 11anager; Mindy Bronson, Energy Conservation
Coordinator; Martha Skinner, Social Services Director; Jeffory Perry.
Zoning Director; Danny Crew, Planning Director; Lee Layne. Planner;
Irving Berzon. Utilities Director; Jay Hermie, Environmental Consultant;
Frank WilCO~, Purchasing Director; Mary Morgan, Administrative Aide to
the Board; and Bill McNulty. Sheriff's Department.
BOARD OF COUNTY COMMiSSIONERS
FINAL AGENDA
January 15, 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
ARE NOT ON THIS AGENDA MUST BE SUBMITTED TO THE
COUNTY MANAGER AT LEAS:~ 13 OA):'S PRIOR TO THE DATE
OF THE MEETING AND WI.LL BE HEARD UNDER "PUBLIC
PETITIONS" AT 11:00 A.M.
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January 15, 1980
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Commissioner Archer moved, seconded by Commissioner Wimer and
carried unanimously 4/0, that Social Services Case W-43 be approved.
Ms. Skinner assured Chairman Wenzel that the claimant is a citizen
of the United States.
FIRST PUBLiC HEARING RE WILLOUGHBY ACRES WATER/SEWER DISTRICT REQUIRED
BY THE FMHA
Legal notice having been published in the Naples Daily News on
December 25, 1979 and January 1, 1980 and the Naples Star on December 21,
1979 and January 4, 1980 as evidenced by Affidavit of Publication filed
with the Clerk, public hearing w~s opened to consider the Willoughby
Acres area of the County Water/Sewer District.
Utility Director Berzon explained that Federal funding has been
applied for through the FmHA for the Willoughby Acres area water/sewer
project and that as a prerequisite of said funding the FmHA has required
two public hearings be held at which time a show of hands of those
interested parties must show their willingness to go ahead with said
project at the latest estimated cost. He noted that FmHA representative
Frank Duval i~ present to witness said public hearing.
Mr. Du~a1 took a count by show of hands to determine the number of
residents present today regarding the Willoughby Acreas area water/sewer
projeet. It was noted by Mr. Serzon that there was substantial interest
regarding said project. Mr. 8erzon referred to a public information meeting
held in Dpcember of 1979 that was called by Commissioner Wimer and noted
its success and reported that he felt that there was an overwhelming show
of support for said project at the meeting.
Mr. Serzon explained the latest revised assessments for said projc~t
as follows:
Water portion...............$11.44 per frJnt foot
Sewer portion...............$29.43 per front foot
Total Water and Sewer portion........$40.87 per front foot
Commissioner Wenzel referred to the following letters received that
were in favor of proceeding with this project:
1. Lloyd & Charlotte Sch1echting, 64 Madison Drive, Naples, FL.
2. B. J. Albrecht, 8552 Acorne, Milan, MI.
3. Robert M. Reed, II, 1020 8th Avenue South, Naples, FL.
4. V~ctor Hugo Bouse, 6085 Center Street, Mentor, O.
5. George W. Price, 74 Willoughby Drive, Naples. FL.
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Mr. Robert Neff, property owner in affected area of Collier County,
stated that he was not against the project, but did question the cost.
Mr. Berzon noted that through the loan and grant from the rmHA, the County
could extend the assessment over a twenty year time frame.
Marie Murray stated that, unlike Mr. Neff, she 1s a year-round
resident in Willoughby Acres and it is her feeling that the residents
want to go ahead with the project.
Mike Moore, resident of Willoughby Acres, stated that he has been
waiting for water for over two years and he is in favor of getting it
now. He listed many problems reg~rding the water he has to use at this
time and urged the Board to begin the project as soon as possible
Irene Barnishan. resident of Willoughby Acres, stated that she is
interested in the water aspects of the project and listed many problems
related to the water she presently has to use, including the high cost of
conditioning same. She said that she presently is not interested in sewers
and questioned the need of getting rid of the septic tanks that are
presently in use. Chairman Wenzel noted that the growth pattern in the
area renuires t."e need for sewers and Mr. Berzon said that there are, in fact,
some Greas L"at ar~ not having any problem with septic tanks at this time;
i1uw~ver, he noted that along with growth there will be problems relating
to septic tanks and he referred to several problem sites that are now
experiencing septic tank problems within the area in question.
Jan An~erson, resident of Willoughby Acres, expressed her feeling
that the project is needed.
John Lauinger, resident of Willoughby Acres; noted that he is in favor
of both aspects of the proposed project but especially the sewer.
Mr. Duval asked for a show of hawis of those prest~nt who were
interested parties regarding the Willoughby Acres area w3ter/sewer project
and noted there were no show of hands for opposition. ~:e stated that
fact into the record. Mr. Pic~~rth noted that this was the conclusion
of the public hearing and Commissioner Archer moved seconded by Commis-
sioner Pistor and carried unanimously 4/0, that the public hearing be
closed.
Mr. Pickworth asked about the need to have another public hearing
next week and Mr. Duval stated that it is required. He said that FmHA
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January 15, 1980
will assist the community in putting the water and sewer in, but. they
wanted to make sure the people wanted it at this cost. Mr. Pickworth
asked what would happen if the people that are here today cannot attend
next week's meeting? Mr. Duval said that as of today there is an over-
whelming particip~tion for the entire project but he has two letters of
opposition in his office. He stated that the following is his address
if anyone wanted to write and support this system:
3323 N. Key Drive
Suite 8
No. Ft. Myers, FL. 33903
Chairman Wenzel directed that c1pies of the five letters mentioned
earlier be sent to trye FmHA. Commissioner Wimer thanked all of the
participants in today's meeting for attending the public hearing and
urged them to come again next week.
Letter supporting project from Clarence V. Middlekauff received
and filed for the record.
RESOLUTION 80-6 CREATING PARKERS HAMMOCK ROAD IMPROVEMENT DISTRICT ADOPTED-
PRELI~lINARY ASSESSMENT ROLL RE SAME DISTRICT APPROVED - ADVERTISING FOR
BIDS RE SAME AUTHORIZED
Leg<li ::~'tice having been published in the Naples Daily News on
Dec~mber 24, 1979 as witnessed by Affidavit of Publication filed with
th~ Clerk. public hearing was opened to consider the creation of Parkers
Hanrnock Road Paving Improving District.
County Engineer Clifford Barksdale stated that he is requesting the
Board to approve both the Parkers Hammock Road Im~rovp.ment District and the
assessment roll re same. He said that in November of 1977, the Board
authorized the acquisition of all the necessary rights-of-way for ~arkers
Hammock Assessment District for road fmpr~vement. He said that all rights-
of-way have been obtained; pre1 iminary en:} ltlaering fp.asibillty reports
are completed; and the preliminary assessment roll is prepared for approxi-
mately 5,251 lineal feet for a total of $106,508.15. He stated that the
aforementioned figure represents $20.28 per front foot in assessments.
Aubrey Rogers, resident along Parkers Hammock Road spoke in favor
of the proposed district. He stated the need for a good road to allow
travel of both residents and emergency vehicles. He asked that drainage
be considered on an equitable basis according to the degree each property
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January 15, 1980
owner contributes to the problem and noted that some residents have done
so more than others. He referred to certain people who have diverted excess
runoff onto the roadway that could not be used on the property. He noted
that he did not feel those property owners that have not contributed to the
problem should be responsible for all that is needed to correct it. He
asked that cost of the road improvement reflect the fact that there is
already a lime-rock base on the roadway. Mr. Barksdale noted that this has
been considered. The last consideration Mr. Rogers asked for is that long
term arrangements be made so as to allow the people assessed a lengthly
period of time during which ttley may pay for the improvement to the road.
Mr. Barksdale noted that a letter of opposition from Kathleen R.
Nordstrom, 11 Rockway Drive, Rockaway, N.J., has been received by the
Clerk. He explained that Ms. Nordstrom was not a resident but owned
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property along Parkers Hammock Road and felt the improvement to the road
should be deferred until at least 50% of the property along said road is
developed. She stated in the letter that the assessment for improvement
is disproportionate to the value of the property and represents a taking
of her assets to the benefit of others.
I n reference to dra i nage problems as brought up by Mr. Rogers, 11r.
Barksdale stated that off-site drainage will not be included in the
assessments for the road improvement paving district.
County Manager Norman stated that the actual cost of the road improve-
ment will be reflected in the actual assessment and Mr. Barksdale concurred.
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Commissioner Wimer noted that the financing terms for the assessments will
be determined when actual costs are known after completion of improvements.
He added that the County does spread out the payment of s!l)d assessments.
Commissioner Archer moved. Sf'':(:''~ed by Commission'~r Pistor and
carried unanimously, that the public hearing be closed.
Commissioner Pistor moved, seconded by Commissioner Archer and
carried unanimously 4/0, that Resolution No. 80-6 creating the Parkers
Hammock Road Paving Improvement District be adopted; that the preliminary
assessment roll re same district be approved and, that the advertising for
bids re same project be authorized.
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January 15, 1980
RESOLUTION 80-7 RE PETITION V-79-23-C, LINDA DAVIS, GRANTING A VARIANCE
TO PERMIT ^ 6' FENCE IN ^ FRONT YARD - ADOPTED
Legal notice having been published in the Naples Daily News on
December 28, 1979 as evidenced by Affidavit of Publication filed with
the Clerk; public hearing was opened to consider Petition V-79:'23-C,
Linda Davis. requesting a variance to allow a 6' fence in a front yard.
Zoning Director Jeffory Perry located the property in question on
an overhead map as being situated on Lot 16, Block B, Unit 7, of Palm
River Estates, River Oaks Subdivision. He referred to an enlarged
drawing of the lot in que~tion and explained that the lot is somewhat
different than most in that it has a sweeping front yard that goes all
around the house witM no back yard at all. He noted that the home has
an unenclosed swimming pool at this time with no screening around it.
Mr. Perry noted that fencing was started by the applicant with no permit
and that when notified that one was required, the applicant did apply
for same. He stated that the problem lies in the front setback area,
stating that the Zoning Ordinance allows for a 4' fence in front yards and
6' fences every place else. He noted that after Mrs. Davis applied for
a permit for the fence she was allowed to complete it for "safety. reasons
regarding the unenclosed pool and that she is here today to apply for a
variance to allow it to remain.
Hearing no one further to speak on the matter, Commissioner Archer
moved, seconded by Commissioner Wimer and carried unanimously, to close
the public hearing.
Commissioner Wimer moved, seconded by Commissioner Archer and carried
unanimously 4/0, that Resolution No. 00..7 r~ Petition V-79-23-C, granting
a variance to allow a 6' fence in a front yard as requested by Linda Davis
be adopted.
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RESOLUTION 80-8 OBJECTING TO THE INCLUSION C.F COLLIER COWITY IN THE
BISCAYNE AQUIFER STREAM FLOW AND RECHARGE SOURCE ZONF. AS DESIGNATED BY
THE EPA - ADOPTED
County Manager Norman explained that the proposed Resolution object-
ing to the inclusion of Collier County in the Biscayne Aquifer stream
flow and r~charge 50urce zone as designated by the EPA has been drafted
under direction of the Board. He stated that it protests the premise
that the Biscayne Aquifer is the sole source of potable drinking water
for the entire Eilst Coast of Florida, inClUding Collier County. He added
that the proposed Resolution "follows up" on action taken by the South
Florida Water Management District and the Big Cypress Basin Board. Mr.
Norman stated that it is his understanding that a similar Resolution will
be considered at the next City of Naples Council meeting.
CommiSSioner Archer moved, seconded by Commissioner Pistor and carried
unanimously 4/0, that Resolution No. 80-8 Objecting to the inclusion of
Collier County in the Biscayne Aquifer stream flow and reCharge source
zone as designated by the Environmental Protection Agency be adopted.
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January 15, 1980
EMERGENCY DECLARED - RESOLUTION 80-9 ENACTING REGULATIONS RE ORDINANCE
NO. 79-42 INCLUDING A PROVISION EXEMPTING TOURISTS FROM SAID REGULATIONS
REGARDING FUEL CONSERVATION - ADOPTED
Harold Minier, President of the Gasoline Dealers Association,
addressed the Board and reported that it was his opinion that Collier
County is in the midst of a real emerg~ncy regardinp allotments for
gasoline. He noted that most dealers have already used more than 70%
of their January allotment of fuel and he has been informed that in
order to be allowed an increase in fuel allotment the County must imple-
ment some form of gasoline conservation program. He said it is at that
point in time tha~ he and other dealers may apply for an increase in allot-
ments for gasoline. He said that the gasoline dealers would like to stop
the "topping off" of tanks when less than a half of tank of gasoline is
needed. Mr. Minier stated that the Department of Energy has informed
him that if certain rules are complied with and every effort to conserve
gasoline is undertaken by the dealers such as policing the customers
to see that at least a half of a tank of gasoline is needed before adding
more gasoline to a tank, then the dealers have the right to apply for
additional "emergency allotments". Mr. Minier noted that the problem of
low fuel supplies in Collier County is worsened by the fact that Fort
Myers residents are coming to Naples for gasoline because the problem
is widespread there also, thus, the supply in Collier is being dwindled
unnecessaril y.
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Harold Krantz, owner of a Sunoco station on the East Trail, stated
that the problem is the same for the dealers in t,he County as well as
the dealers located in the City of Naplp.~, He noted that his allocations
for gasoline have been cut considerably which ~as made the dealer act as
a "policing agent" and he objects '0 ~nme. He stilt~~ that he is asking
the public to be fair regarding the need for more than a half of a tank
of fuel before they come into the station but this is not working out and
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he sees a need to enact some form of regulations on a County-wide basis
so as to make it mandatory.
Mr. Krantz asked for special consideration of the tourists in Collier
County. He stated that he feels tourists should be allowed to fill up
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January 15, 1980
their tanks when needed and pointed out that because of Collier's location
in respect to the East Coast, he feels there is a need to protect the
tourists' rights to be able to receive the gasoline they might need to
drive across the state. He also pointed out the need to exclude "emergency
vehicles and personnel".
Chairman Wenzel asked the County Attorney if it were possible to
make an addendum to the present Ordinance regarding fuel conservation
measures in emergency situations and Mr. Pickworth noted that a provision
for same is presently in said Ordinance. He referred to such a provision
as section "G", within Ordinance No. 79-42, noting that the "topping off"
of tanks is prohibited in said section of Ordinance No. 79-42 and further
explained that the Board can "kick in" section "G" of said Ordinance which
specifies that tanks cannot be filled unless more than one half a tank of
gasoline is needed. He stated that the means to do same 1S specified as
simply: a) a state of gasoline emergency is declared by the 80ard, and
b) the Board specifies that "remedy option "G" be enacted. Mr. Pickworth
further defined the section "G" as stating that each station will be
required to post a sign (3' X 4') at the roadside and additional signs
(1' X 1 1/2') on each pump that specifies the prohibition of filling up
tanks that are not one half empty.
Commissioner Areher moved, seconded by Commissioner Pistor and carried
unanimously, that a state of emergency exists.
Commissioner Wimer stated that he wishes the press to understand that
this action is a "preventative measure", to "head off" a dire emergency,
rather than ereating an emergency. He said it is his hope that the pUblic
does not panic and rush to fill up all t"~ir Y~hicles. He further said that
the goal of the action today is to c~nform to R(;presentative Bafalis' request
to establish a conservation program for gasoline in ol'der to permit the
future requests for additional allotments. Commissioner Wimer stated that
requests for additional allotments of gasoline will not be considered unless
a program of conservation is in effect.
The question of who will have to make the signs that must be displayed
was discussed and the pOSSibility of the County providing them at cost was
one a1ternativ~. The dealers present offered their feeling that there is a
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need to keep the signs uniform and of a quality so as to keep the County
looking neat and orderly rather than having haphazardly fashioned signs
posted allover each station in the County. It was the consensus of the
Board that the staff be consulted about the possibility of the County
providing the needed signs at cost, and the best thing to do at this time
is to adopt an appropriate Resolution as recommended by Mr. Pfckworth.
County Manager Norman stated that he felt the signs will be the responsi-
bility of the dealers.
Commissioner Wimer moved, ...econded by Commissioner Archer and carrfed
unanfmously 4/0, that Resolution No. 80-9 enacting regulations regarding
fuel conservatfon as stipulated ~11thin Ordinance No. 79-42 be adopted with
a further proviso that said regulations are not to be applicable to
touri s ts.
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PETITION R-79-30C, KINGS LAKE, LTD. - REQUESTING REZONING FROM "PUD" TO
"PUD" FOR CHANGES IN THE KINGS LAKE PUD, SECTION 7, T50S, R26E - ADVERTISING
AUTHORIZED FOR PUBLIC HEARING ON FEBRUARY 26, 1980
Commissioner Archer moved, seconded by Commissioner Pistor and
carried unanimously 4/0, that the advertising for public hearing on
February 26, 1980 be authorized for consideration of Petition R-79-30C, Kings
Lake. Ltd., requesting a rezoning from "PUD" to "PUD" for changes in the
Kings Lake PUD, Section 7. T50S, R26E.
PETITION FDPO-79-V-7, EBERHARDT KLAPOETKA, REQUESTING A VARIANCE FROM
THE MINIMUM BASE FLOOD ELEVATION REQUIRED BY THE FLOOD DAMAGE PREVENTION
ORDINANCE - ADVERTISING AUTHORIZED FOR PUBLIC HEARING ON FEBRUARY 5, 1980
Commissioner Archer moved. seconded by Commissioner Pistor and carried
unanimouSly 4/0, that the adv"rtising be authorized for pUblic hearing on
February 5. 1980 re Petition FDPO-79-V-7, Eberhardt Klapoetka,
requesting a variance from the minimum base flood elevation required by
the Flood Damage Prevention Ordinance.
PETITION A-79-4-C, CHARLES & KATHERINE BOOTS, APPEALING TO THE BCC TO
PERMIT TIm MOBILE HOMES TO REMAIN ON PROPERTY ZONED "A" - ADVERTISING
AUTHORIZED FOR PUBLIC HEARING ON FEBRUARY 5, 1980
Commissioner Archer moved, seconded by Commissioner Pistor and
carried unanimously 4/0, that the advertising be authorized for public
hearing on February 5. 1980 re Petition A-79-4-C, Charles & Katherine
800ts, appealing to the BCC to permit two mobile homes to remain on
property zoned "A" on Riggs Road.
PETITION V-79-25-C, RAYMOND SCHALLER, REQUESTING A VARIANCE TO A FRONT
YARD REQUIRED ON LOT 129, ROSEMARY HEIGHTS ADDITION - ADVERTISING
AUTHORIZED FOR PUBLIC HEARING ON FEBRUARY 5, 1980
Commissioner Archer moved, seconded by Commissioner Pis tor and
carried unanimously 4/0, that the advertisin9 be'authorized for public
hearing on February 5, 1980 re Petition V-79-2!l,.C, Raymond Schaller,
requesting a variance to the front !~rci requireu on Lot 129, Rosemary
Heights Addition.
PETITION R-79-14-I, ALAN MINERS, REQUESTING REZONING FROM "I-C-2" TO
"I-C-3" OF LOT 12, 8LOCK 1, CARSONS SUBDIVISION, IMMOKALEE - ADVERTIS-
ING AUTHORIZED FOR PUBLIC HEARING FOR FEBRUARY 26, 1980
Commissioner Archer moved, seconded by Commissioner Pistor and
carried unanimously 4/0, that the advertiSing be authorized for public
hearing on February 26, 1980 re Petition R-79-14-I, Alan Miners, request-
ing a rezoning from "I-C-2" to "I-C-3" of lot 12, Block I, Carsons
Subdivision, Immoka1ee.
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January 15, 1980
AMEND~lENT TO ORDINANCE NO. 79-62 r.EGARDING REQUIREMENTS FOR CONSTRUCTION
TN "V" ZONES AND CORRECTION OF DEFINITIONS FOR EXISTING ~'OBILE HOME PARKS
AND MOBILE HOME SU8DIVISIONS - ADVERTISING AUTHDRIZED FOR PUBLIC HEARING
ON FEBRUARY 12. 1980
Commissioner Archer moved. seconded by Commissioner Pistor and carried
unanimously 4/0, that the advertising be authorized for public hearing
on February 12, 1980 for consideration of the amending of Ordinance No.
79-62, the Flcod Damage Prevention Ordinance, with reference to require-
ments for construction in "V" Zones and correction of definitions for
existing Mobile Home Parks and Mobile Home Subdivisions.
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RECESS: 9:55 A:M. to 10:00 A.M.
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REVIEW OF ENERGY AUDIT PERFORMED BY ADVANCED AUTOMATED CONCEPTS, INC. &
RECOMMENDATiONS PURSUANT THEREOF - ENTRY INTO PHASE II NATIONAL ENERGY
CONSERVATION POLICY ACT AND APPLICATION FOR T.A.P. FUNDS APPROVED _
COUNTY MANAGER AND FISCAL OFFICER DIRECTED TO PREPARE APPROPRIATE BUDGET
AMENDMENT IN THE AMOUNT OF $2,375.00, PENDING APPROVAL OF GRANT
County Manager Norman stated that the application for federal
funding that is being discussed tod~y is in regards to State administered
assistance. ~e said it is called the Technical Assistance Program and
same falls under the National Energy Conservation Policy Act. He said
that Phase T~lo will provide the County with specific design details upon
which the basis for specifications and the taking of bids will be made
regard;ng the actual improvements the County will be undertaking towards
energy conservation within the complex.
~'r. Gene Willett, Administrative Assistant to the County Manager,
noted that Mr. Robert Pap. President of the firm that completed the energy
audit as required under the Flor;da Nr.CPA GrMt5 Program, is present and
wishes to give a review of said audit. He noted ttil'! audit is the first
phase of said program and today Phase Two will be discussed, specifically
entry into the application process for TAP funds as explained more fully
within the Executive Summary.
Mr. Robert Pap stated that over three visits to the Courthouse and
based upon the County's contract with his firm a complete energy audit
WilS performed, including all buildings within the Complex. He said that
the basic finding is that the County is presently paying about $1.31 per
square foot for energy usage. He said that that figure represents a
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January 15, 1980
total of 4,150,000 KWH, used by the County last year. He added that
compared to County buildings in general, the County should be running
200,000 square feet of space rather than the 119,000 to 120,000 square
feet presently being used. He noted that these figures prove that
Collier County has a 9reat deal of energy inefficiency in the complex.
Mr. Pap covered the results of the energy audit and noted the
respective problems building by building. including the parking lot.
He outlined what he feels are the most needed changes and explained
his reasoning for same. Included in this presentation were the
following recommendations:
1. Inexpensive Energy Conservation Improvements
A. Fluorescent lighting fixtures should be taken out of
hallways in Bldg. "F" and put into 81dg. "0" - Trans-
portation Offices, where incandescent lights are presently
being used.
B. Fan coil in the hall of Building "0" should be turned
off pennanently.
C. Fan coil in Buil di ng "D" shoul d be inspected once a week
and it should be turned off at the end of the week.
D. Window areas in the storage room behind the Driver's
Licenses should be insulated and paneled.
E. Lighting areas in building "C" drafting room should be
converted to fluorescent light.
F. Building "C" should have a log assigned for the purpose
of seeing that lights are turned off.
G. The main entrance thermostat and the thermostat in the
Hygiene Edueation area of building "8" should be replaced
and moved to the back office area. The time clock on the
package unit should be replaeed and use of same should
be enforced.
H. Filters in rooftop units in Bui1din9 "B" should be replaced
and units should be clcanc I as well as the ducts.
I. The ttermostats in Bul1df'l~ "A" in t.he main entrance should
be set at a high tempel ,.:t.lre! and personnel should be assigned
to turn off fan coils whc:1 ..:ourtrooms Ill'll vacant.
J. Parking lot lights should be replaced with sodium vapor
1 ights.
K. A general reduction in all lighting shall be done with a goal
to producing X number of ballasts and 2X number of fluorescent
tubes, speCifically, at least II 20% reduction.
L. A general monitoring of all thermostats should be done on
a form approved by the County Manager. The Energy Coordina-
tor should go around with II maintenance man and should take
humidity and temperature readings, and make reports re
their findings to be distributed to the various department
manilgers.
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January 15, 1980
BODX 051 PAGE 2A
Heating and Air Conditioning for Building C & D.
A. Method A: This method would use three direct expansion units
with each one being a single zone unit and associated new
ducting coming off a central duct system in the hallways.
The cost would be approximately $16,000 for Bldg. "e" and
$13,500 for Bldg. "0" and there would be an installation
cost of $12,000 to $15,000 for each building.
B. Method B: This method would use one direct expansion
unit on Bl dg. "c" and one on 81 dg. "D" and the same type
of ducting as Method A will be needed except that the
system would now be a multi-zoned unit with associated
dampers. This type of system is more expensive but
costs less to run.
C. Method C: This method would be to replace the existing fan
coils throughout the facilities and the cost would be
higher than the other methods and would not be as efficient
as either of ~he methods.
With any method used, the fan coils removed from 8uildings
"CO and "D" could be reconditioned and used in bUildings
"A" and "B".
3. Major Capital Improvement3
A. Central Aut.omated Building Control with a computer
to control temperature according to peak demands.
B. Solar Heating of water and possibly the buildings
that are under 10,000 sq. feet work space. This
should be undertaken as a learning project, using
the pond between buildings "F" and "C" for a storage
pond.
C. Parking lot lights should be staggered so as not to
come on all at one time.
Discussion of each of the above mentioned recommendations took place
with the addition of a definite problem with d~ss and humidity in
certain areas ufthe Complex as brought up by Clerk Reagan.
Cl~rk Reagan stated that he has contacted the Federal Government and
Representative Bafalis regarding the humidity problems, espeCially in the
1~ga1 section of the Clerk's areas where mold has caused problems. He
said that he feels the 7Bo readings on the ttennoStclf:S is a contributing
o
factor and Mr. Pap explained that '.,e rrob1ems is not ....ith the 78 reading
on the thermostats but the control of temperatures that now c~i$t at
the complex. He explained that when a thermostat is set at 780 on the
existing airconditioning system and it is a cool morning, the heat
o
comes on to bring the temperature up to 78 and when that temperature
is reached. the cool air comes on. This transition from hot air to cool
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air causes the problem and he went on to say that the recommended com-
puter control system he has recommended will curb these drastic changes
of temperature and pursuant problems. Referring to the objections to the
mandated 780 thermostat reading. Mr. Pap stated that adherence to said
thermostat readings within the complex will not alter the fact that there
is a problem with the humidity. He stated that it is a misdirected suppo-
sition on the part of many people that the humidity can be controlled
by lowering the thermostats. He said that this will not help to correct
the problem of the sticky papers, mold on books or the other related humidity
problems within the complex. He mentioned that there is a fine of $5,000.00
per each thermostat that is applicable not only to the County or other
entity where an illegal reading on a thermostat may be found, but also is
applicable to an individual who is responsible for setti~g the thermostat
lower than 780. He suggested this be made known to the workers at the complex
and he recalled several problem areas he has found regarding thermostats
and their respective temperatures within the complex, including the fact
that many have apparently been tampered with, and the thermometer readings
are much lower than allowable under the law. Mr. Pap noted that the only
floor he has found in the entire complex that was within the required
temperature is the third floor in building "F".
Mr. Pap stated that if the computerized central control system were
initiated, nearly $7,000.00 per year could be saved by controlling peak
demand and temperatures regardless of what settings the workers set the
thermostats. He said under this type of control the individual offices
could only regulate the amount of ai~ flow In the respective offices.
Discussion followed on several aspp.~ts of the audit findin9s and then
went on to cover the proposed TAP s (IJ ~J' Mr. Pap noted that he and his
staff would be working with the County Grant Coordinator in applying for a
NECPA grant and that it would be met with matching funds from the
County. He said that the total cost to implement the TAP is $7,750.DO and
the NCEPA grant program would enable the County to receive $3,875.00 of
that figure. He further noted that the County's share may be, in part
funded by $1,500.00 of in-kind services resulting in a net cash outlay
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for the BCC of $2,375.00. Mr. Pap explained that this TAP consists
of taking the recommendations he has covered this morning and a "cost
trade-off" study is made. He referred to the fact that Mindy Bronson,
Energy Conservation Coordinator, has done a great deal of work compiling
facts, etc. for use by his firm and "credit" will be given for said work
towards the engineering costs of said program if the BCC chooses to go
ahead with Phase Two.
~lr. Pap concluded his presentation by stating that the County is presently
using 40 billion BTU's of en~rgy per year and a savings of 15 billion BTU's
could be established with thQ initiation of the recommended programs cover-
ed today. He said the County's utility bi'lls would be down by 1/3 to 1/2
of what they are today and if thl! "Inexpensive Energy Conservation measures"
are undertaken, the County can save about $10,000 per year' on the utility
bills at a cash outlay of about $4,000 plus labor from the ~aintenance
Department. He said that the TAP would develop the recommendations for
"Heating and Airconditioning for Building 'C' and 'D'" and that plan has
a 5 to 7 year pay-back. He said that the improvements to these two
buildings would cost about $42,000 and will save about $5,000 to $10.000
per year in electric bills. Frank Wilcox, Purchasing Director, noted that
he has had estimates for repairing said buildings' airconditioning systems
of $21,000. Mr Pap went on to cover the cost of the recolT1Tlended "Capital
Improvements" that he has recommended and explained that the cost would be
somewhere between $40,000 and $60,000 and, if they were implemented, the
County would save between $35,ODO and $50,000 per year in electric bills,
based on 1979 dollar values. He noted that the solar heating he recommended
would have a minimum amount of savir.g5.
Commissioner Wimer stated that h~ is greatly encouraged over his
initial skepticism of this project ana he would like to see it implemented.
He moved that the County enter into Phase Two of the National Energy
Conservation Policy Act and authorize the application for TAP funds re
same as well as direct the County Manager and Fiscal ufficer to prepare
the appropriate budget amendment to cover the County's expenditure of
$2,375.00, pending approval of grant. Commissioner Archer seconded the
motion and it carried unanimously 4/0.
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RESOLUTION 80-10 CALLING FOR AN ELECTION TO DETERMINE WHETHER THE
ORDINANCE CREATING THE NAPLES PARK LIGHTING DISTRICT SHOULD BE IM-
PLEMENTED - ADOPTED
Commissioner Archer moved, seconded by Commissioner Pistor and
carried un?nimously 4/0, that Resolution 80-10 calling for an election
to detennine whether the Ordinance creating the Naples Park Lighting
District should be implemented, be adopted.
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RESOLUTION 80-11 CALLING FOR AN ELECTION TO DETERMINE WHETHER THE
GOODLAND AREA SHOULD BE ADDED TO THE MARCO ISLAND FIRE DISTRICT - ADOPTED
Commissioner Archer moved, seconded by Commissioner Pistor and
carried unanimously 4/0, that Resolution 80-11 calling for an electfon
to determine whether the Goodlanrl area should be added to the Marco Island
Fire District, be adopted.
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BODX 051 PACE 29
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January 15, 1980
FINAL PLAT FOR THF. MAYFIELO COURT PHASE OF PINE WOODS SUBDIVISION RE
PETITION FP-79-16C, PINEWOOD DEVELOPERS OF NAPLES - APPROVED SUBJECT
TO SUBMISSION OF A 400' SCALE OF CONDOMINIUM PLAT - CHAIRMAN AUTHO-
RIZED TO SIGN MAINTENANCE AGREEMENT - LETTER OF IRREVOCABLE CREDIT
ACCEPTED
Planner Lee Layne presented Petition FP-79-16C, Pinewood Developers
of Naples, requesting approval of the final plat for the Mayfield Court
Phase of Pine Woods Subdivision. She located said project on an over-
head n~p as being on the west side of Airport Road, north of Poinciana
Village in Section 14, T49S, R25E. /1s. Layne stated that the lots within
the project will make up a condominium platj the Engineering Department has
reviewed the plat and construction drawin9s and recommends approval and
staff has found it in compliance with the Subdivision Master Plan that
has been approved and recommends approval subject to the developer sub-
mitting a 400' scale drawing of the condominium plat when it is filed.
Commissioner Archer moved that the Final Plat for the Mayfield Court
Phase of Pine Woods Subdivision Re Petition FP-79-16C, Pinewood Developers
of Naples, be approved subject to the submission of a 400' condominium
platj that the Chairman be authorized to sign the maintenanee agreement;
and that the letter of irrevocable credit be accepted. Commissioner
Pistor seconded the motion.
Chairman Wenzel asked if the School Board approved the Petition,
with respect to the impact fee, etc. Ms. Layne stated that the School
Board did not review this final plat and added that the rezoning portion
of the pet1tion was approved by the Bce over the objections made by the
School Board at that time. County r'lanager Norman stated that there is
no requirement to acquire School Board comments on a final plat approval,
and that the School Board was contacted at thp earlier stages of the
processes, specifically dealing with ',liP rezoning petition.
At the call for the qUI!stion, th'~ motion failed with 2/2 vote.
Commissioners Wenzel and Pistor dissented. After a brief discussion and
an explanation of the processes through which the firm of Hole. Montes &
Assoc. representing the developer of Pinewoods has undergone, Mr. Sergio
Montes stated that he could recall no negative comments from anyone at the
time of the rezoning application for this project. He further stated that
the subdivision plat of the entire project was approved by the BCC and
that today he is only requesting approval for replat of a portion of that
'BOOK 051 rACE 31
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January 15, 1980
same subdivision. He said that it is just a change in the configuration
of the project with no changes to density or anything else. Attorney
Pickworth was consulted and offered his 0pinion that this is purely an
administrative decision on the part of the Board, after which time
Commissioner Pistor offered to change his vote.
It was the feeling of the Board that a new motion was in order and
Commissioner Wimer moved, seconded by Commissioner Archer and carried 3/1.
that the Final Plat for the Mayfield Court Phase of Pine Woods Subdivision
re Petition FP-79-16C, Pinewood Developers of Naples, be approved subject
to the submission of a 400' condominium plat; the Chairman be authorized
to sign the maintenance agreement; and that the letter of irrevocable
credit be accepted. Chairman Wenzel dissented.
In reply to Mr. Walters, representing the C.A.P.C. regarding C.A.P.C.
recommendations based on School Board objections and his plea for a new
School Board Impact Fee Ordinance, Chairman Wenzel noted that an Impact
Fee Ordinance is being drafted at this time.
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051 PACE 38
January 15, 1980
FINAL PLAT APPROVED ON A REPLAT OF TRACT "A", MARCO BEACH UNIT 13, MARCO
ISLAND, RE PETITION FP-80-1C, THE DELTONA CDRPORATION - CHAIRMAN AUTHORIZED
TO SIGN MAINTENANCE AGREEMENT - CASH BONO ACCEPTED
Planner Lee Layne presented Petiti~n FP-80-1C, The Deltona Corpora-
tion, requesting a final plat approval on a replat of Tract "A", Marco
Beach Unit 13, Marco Island. She located the area of the proposed project
as SOUtil of the Yacht Club site and noted that this is the area recently
rezoned RS-3. She reported that the Engineering Department has reviewed
the construction drawings and the final plat and it is in compliance with
the master plan approved. She stated that staff recommends approval.
Commissioner Archer moved. seconded by Commissioner Pistor and carried
unanimously 4/0, that the Final Plat for Marco Beach Unit 13, Tract A, re
Petition FP-80-1C, Deltona Corporation, be approved; that the Chairman be
authorized to sign the maintenance agreement; and that the cash bond be
accepted.
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January 15, 1980
"SHORT LIST" AND ORDER OF PREFERENCE OF CONSULTANT FIRMS FOR THE CONSTRUC-
TION OF GOOoLETTE ROAD EXTENSION & AIRPORT ROAD - APPROVED AS FOLLOWS:
1) BRISTOL, CHILDS & ASSOC., INC.; 2) CONNELL, METCALF & EDDY, INC.;
3) FLOOD & ASSOC., INC. - COUNTY ENGINEER AUTHORIZED TO ENTER INTO NEGO-
TIATIONS RE AGREEMENT WITH FIRST NAMED FIRM
County Engineer Barksdale presented the recommendation regarding
the acceptance and approval of the "short 11st" as compiled by staff in
order of preference, for the consultant position regarding the construction
of Good1ette Road extension and Airport Road. He noted that the Board
authorized the advertising for FOOT qualified consulting engineering
firms to submit proposals for preparing specifications, contract documents,
and supervising construction to four lane Airport Road (Golden Gate Parkway
to Pine Ridge Road) and Golden Gate Park~ay, formerly Goodlette Road
Extension, (Airport Road to Goodlette Road), He stated that 23 firms met
the proposal submission deadline and one firm dated and mailed its proposal
the day after the deadline. Two of the 23 declined making a proposal and
21 responsive proposals were received, as contained within the Executive
Summary. MI'. Barksdale noted that the Board appointed Consultant Selection
Committee considered the proposals according to Invitation for Proposals
and the Board's Consultant Selection Plocedures POlicy, as well as considering
the Consultant's Competitive Act and, therefore, were able to determine
those firms best qualified according to criteria based on both qualitative
and quantitative aspects, He presented the following "short list" of
firms deemed n~st qualified for said projects based on the fact that they
have designed one of the two projects in question or have designed two
programmed road improvements, and he noted that tho fJresented "short
list" is in the order :-f preference:
1. Bristol, Childs & Associat.ts, Inc.
2. Connell. Metcalf & Eddy, ',~c,
3. Flood & Associates, Inc.
Mr. Barksdale stated that it Is his recommendation that the Board forego
the formal presentation of the various consultants and accept the above-
mentioned "short-list" along with the authorization for the County Engineer
to enter into negotiations with the first name on the list for an agreement
with the County.
Commissioner Wenzel dsked if the DOT was not responsible for providing
an Engineer for said projects and Mr. Barksdale noted that the DOT transferr~d
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January 15, 1980
that responsibility to the County when they transferred the fifth and
sixth cent gas tax to maintain the secondary road system.
Commi~on~r Pistor moved, seconded by Commissioner Archer and
carried unanimously 4/0, that the aforementioned "short-list" be approved
in order of preference for"'~ Consultants regarding the Goodlette Road
Extension & Airport Road Construction projects as well as authorizing
the County Engineer to enter into negotiations with the first name on
the list regarding an agreement for consultant services re same projects-
FINAL ACCEPTANCE OF GOODLAlm ISLE SUBDIVISION APPROVED _ BOND IN THE
AMOUNT OF $26,600 RELEASED
County Engineer B~rksdale presented the proposal for final
acceptance of the Goodland Isle Subdivision and said that all work
has been completed and approved and complies with the plans and standards
that existed at the time of approval. He stated that he recommends
the approval of final acceptance of said subdivision and the release of
the subdivision bond in the amount of $26,600 that was filed on September IB,
1964. Mr. Barksdale stated that this project has been on the books for a
lenath,y r",riorl of tim", and all rerplir",m"nts have finillly hP.pn siltisfiprl
to the County's standards.
Commissioner Archer moved, seconded by Commissioner Pistor and
carried unanimously 4/0, to approve the final acceptance of Goodland Isle
Subdivision and release the surety bond in the amount of $26,600.
RESOLUTION #80-12 RESCINDING RESOLUTION #80-04 AND CALLING FOR A NINTH
CENT GASOLINE TAX IN COLLIER COUNTY SUBJECT TO A REFEREMDUM APPROVAL
ON MARCH 11, 1980 - ADOPTED
As reqlJested by C,:,;;,ty Attorney Pickworth, Conmissioner Wimer
moved, seconded by Commissioner Arc~<r ~nd carried unanimously 4/0,
that Resolution No. 80-12, rescinail.r ::C:'solution No. 80-04 and providing
for an additional one cent tax upon every gallon of motor fuel and special
fuel sold in Collier County, subject to a referendum approval on March 11,
1980, be adopted.
BOOk 051 Fh~t 51
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January 15, 1980
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BID 1404 FOR PAINTING THE GOLDEN GATE COMMUNITY CENTER AWARDED TO
DECORATOR PAINTING OF NAPLES, INC. IN THE AMOUNT OF $3,162 LESS 10%
15 DAYS
051 PACE 56 Legal notice having been published in the Nl,ples Daily News on
December 5 and 7, 1979 as evidenced by Affidavit of Publication filed
with the Clerk, bids were received until Wednesday, December 26, 1979, for
the painting of the Golden Gate Community Center.
Commissioner Wimer moved, seconded by Commissioner Archer and carried
unanimously 4/0, that Bid 1404 for painting the Golden Gate Community
Center be a~:arded to Decorator Painting of Naples, Inc. in the amount of
$3,162 less 10%, 15 days as contained in the recommendation of the Bid
Review Committee; that the Chairman be authorized to sign and the Clerk
to attest to the resulting agreement; and that the Fiscal Officer prepare
the appropriate budget amendment indicating the expenditure from the Golden
Gate Community Center's budget.
PROGRAMMER ANALYST POSITION FOR DATA PROCES:ING DIVISION AT GRADE 34 _ APPROVED
Data Processing Director Fred Marks requested that a Programmer Analyst
position be created at grade 34 for the Data Processing Division due to
an increase in the work load of said division. He referred to new require-
ments established by the State regarding the Real Estate and Tangible
Tax areas. He explained that the new position would relieve the staff from
the heavy amount of overtime hours that have been spent preparing the
aforementioned work load and said that the creation of the new position
would lead to a more efficient Data Processing Department.
Mr. Marks noted that since the Data Processing Divi~ion is an inter-
departmental division of Cou~ty Government the revenue needed to provide
funds to cover the new position would be g~r.Qrated through the increased
revenues charged to the departments u!'. ir:,: rhe services.
Commissioner Archer moved, secon~2d by Commissioner Pistor, that the
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request by the Data Processing Division to create a programmer an31yst
position at grade 34 be approved.
Following a brief discussion during which Mr. Hall, Fiscal Officer,
clarified the "user charges" referred to by Mr. Marks earlier, as charges
made to the individual governmental departments that require use of the Data
Processing Division's services, and during which time it was made clear that
It Is a bOOkkeeping matter in that the individual governmental agencies
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and departments that require services from Data Processing have budgeted
said funds within their respective bUdgets, the question was called for
by Chairman Wenzel and the motion passed unanimously 4/0.
RESOLUTION 80-13 AUTHORIZING THE UTILITY DIRECTOR TO EXECUTE APPLICATIONS,
ETC. WITH VARIOUS AGENCIES REGARDING WATER AND SEWER SYSTEMS - ADOPTED
Utility Director Berzon requested that he be authorized to sign
applications, documents, etc. with the DER and other agencies regarding
the County Water and Sewer Systems within Collier County. He said that
presently, there is a Resolution that specifies the County Utility
Director hS authorized tc sign such documents regarding the County Water
and Sewer Districts and at the present time there are documents, etc. that
require such execution that do notfall into the category of Water and
Sewer Districts, specifically, they regard the utilities in Collier County.
He said he is, therefore, requesting a revision of sorts to the latter
Resolution through the adoption of the proposed Resolution presented today.
Commissioner Archer moved, seconded by Commissioner Pistor and
carried unanimously 4/0, that Resolution #80-13 authorizing the Utility
Director to execute documents regarding County Water and Sewer Systems
as recommended by staff within the Executive Summary be adopted.
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NEGOTIATIONS REGARDING THE ACQUISITION OF MARCO ISLAND UTILITY DISCON-
TINUED - CHAIRMAN AUTHORIZED TO SIGN LETTER STATING SAME
Utility Director Berzon explained that during last week's meeting
he had requested the Board to defer making a decision regarding the
negotiations of the Marco Island Utility acquisition until this week.
He said that at that time he felt that the members of the Board should
be provided with certain statistical data before making a determination
regarding the aforementioned acquisition; the data has been circulated
amon~ the Board members, said Mr. Berzon, and it is the consensus of
the Consl:ltant, Mr. Smallwood, and himself as well as the negotiation
committ~e re said utility, that further negotiations be discontinued
regarding the Marco Island Utility acquisition. He further recommended
that the Chairman be authorized to sign a letter to Deltona Corporation
stating same.
Commissioner Areher moved, seconded by Commissioner Pistor and carried
unanimously 4/0, that negotiations with Deltona Corporation regarding the
acquisition of the Marco Island Utility be discontinued and that the Chair-
man be authorized to sign a lettarto Deltona stating same.*
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*Later in the meeting, Chairman Wenzel stated that due to the concern of
both the Board and the staff regarding the ability of the Marco Island
Utility being able to provide adequate water requirements to the residents
of the Island in the future, he will include within the letter ending
negotiations for acquisition with Deltona Corporation a request that
Deltona provide scientific proof same is possibl~.
* Commissioner Archer left the room at 11:nu A.M.
REGIONAL ALTERNATIVE THREE RE WATER [itY'ELOPMENT PLAN FOR COUNTY WATER
SYSTEM - ADOPTED - NEGOTIATIONS Rr ALTERNATIVE THREE CONSULTANTS _
APPROVED
Utility Director Berzon explained that a third alternative plan for
the County Water System exists and was not explored fully during the
presentation of an alternate plan In August of 1979. He said that in
view of the decision of the Board to discontinue Alternative Two, which
included the acquisition of the Marco Island Utility, he was recommending
that the Board hear Consultant Smalh~ood's presentation of Alternative
Three which is a water plan for the entire County excluding /1arco Island.
Ted Smallwood, Consulting Engin^~~ ex~~ai~ that in the ori9in~1
BC:~, U~J. Ph~t ~
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051 FACE 60
presentation to the Board in August of 1979, regarding the summary of
J~nuary 15, 1980
alternatives for the water system plans for Collier County, there were two
plans covered in depth; one was a regional system that would exclude the
North Naples area; the other was a system that would encompass the entire
County including the Marco and North Naples areas. He said that based
upon the end to negotiations with Oeltona regarding the acquisition of
Marco Island Utility, he will present a more fully detailed explanation of
the third alternative which is a system that will exclude the Marco Island
area from the County's Regional Water Program. He referred to a packago
that w~~ distributed to the members of the Board last week by Mr. Berzon.
He noted that Alternative Three is detailed within said package. He sum-
marized the Alternative Three plan including reference to Plate 118 of said
package and explained that it Io'ill provide for a 4 mgd treatment plant to be
located off S.R. 951, just south of Alligator Alley. He said that it will have
the same basic water resource program as the other alternative programs, speci-
fically, a recharge from the Golden Gate Canal and a distribution system to
pick up East Naples, Golden Gate and Isle of Capri Systems. He stated that the
two named systems are to be negotiated for regarding their respective
acquisition. ~e said that ultimately, in 1987, there would be an extension
north into North Naples to pick up the Obligations the County has in that
area, to take over service in that area in 1990. He referred to charts
within said package that outline costs, and pointed out same on an enlarged
chart. He eoncluded by stating that the cost to be incurred for implement-
ation of Alternate Three is somewhat higher than what it might have been
with the acquisition of Marco Island Utility if same were acquired as recom-
mended by staff at tf-,r. price offered by the County, but it is somewhat less than
what the Regional System would h<',"! ,)lp.n if the Marco Utility was acquired
at the asking price from Oeltona. He stated that based upon this infor-
mation he recommends that the County adopt Regional Alternative Plan Number
Three for the development of a County Regional Water System. Mr. Smallwood
stated that Alternative Three is favorable to the other alternatives that
have been discussed in the past.
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When asked by Chairman Wenzel what action was recommended by Staff,
Mr. Berzon stated that he recommended the adoption of Regional Alternative
Three re Water Development Plan for the County Water system and the approval
of negotiations with the Consultant re same Plan.
Commissioner Wimer so moved, seconded by Commissioner Pistor and the
motion as recommended by Mr. Berzon carried 3/0. Commissioner Archer
was not present for the vote.
Mr. Berzon noted for the record that staff has a genuine concern
regarding the ability of Marco Island Utility to meet the water require-
ments in l;he future, specifically, beyond 1980. He noted that this concern
is sharp<1 by the Consultant as well as the SFWMD. He noted that the
SFWMD is limiting the withdrawals of consumptive use permits to Deltona
because they too question the ability of a reliable potable water supply
to that system. He brought up the aforementioned statement both because
he felt it should be brought to the Board's attention and because this
fact was a "stumbling block" in the negotiations for acquisition of said
system, said Mr. Berzon.
Chairman Wenzel requested that the minutes of this meeting reflect the
fact that both the Board and staff are very concerned over the question of
the ability of Deltona Corporation being able to meet their commitment to
furnish water on Marco Island in the future.
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Commissioner Archer returned at 11:08 A.M.
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In answer to concerns brought forth by Commissioner Pistor regarding
the Henderson Creek weir anci 'lis ~rrt!ct on potable water withdrawal in
Marco Island and Commissioner Pistor's que~tion as to whether or not
larger amounts of saline free water ;,:';'1 be available due to the imple-
mentation of filtration galleries in Marco Island, Mr. Berzon stated that
the best he could predict regarding the weir is that it will stabilize the
present rate of withdrawal and increase the reliability of same rate.
He added that once the withdrawal rate is increased over the 25%, he doubts
that the weir In question will aid the availability of water to the
degree that some people claim it will. He clarified the fact thatsame
is his opinion. Regarding the infiltration 9alleries mentioned, Mr. Berzon
noted that he sees no evidence that supports the statement that the infiltra-
tion galleries will be the source of water up to 10 mgd average requirements
80~~ 051 PAGE 61'
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051 PACE 62
January 15, 1980
that will be necessary in the Marco Island area in t~e future. He safd
that for this reason as well as others, the statement of concern was made
earlier by himself regarding the question of the ability of the Marco
Utility to cover the demands of water fn the future. He said that the
problems experienced in the last two years will be corrected by the Hender-
son Creek weir and the infiltration galleries; however, looking ahead beyond
two or three years from now, these problems will come back agafn and at that
time it will not be an easy solution such as adding pumps or increasing
the p:J:~ping rate, etc. He noted that there will be a need for much larger
i nves tmen ts.
Commissioner Pistor asked Mr. Berzon his opinion on the indicatfon
that a 22% water loss as found within the Marco Utility through the pumping
of water some eight miles was to be expected. Mr. Berzon stated that he
feels that anything over a 12% loss in water needs attention. He said that
a loss of 22% is unreasonable and a sign of more than just an expected loss.
He stated that he is not convinced that there is a 22% loss of water due to
pumping losses, but rather, he feels that this amount of water is just
unaccounted for at the Marco Utility.
Mr. William Walters, member of the Big Cypress Basin Board and resident
of Marco Island, stated that it was his feeling that there was no proof by
means of scientific data to support the claim of Marco Utility that they
can supply the needs of the residents of Marco for potable water for the
next 45 years. He referred to this claim as "rid1r.u10us. and said that in
all the Jata that he h~~ r~searched, there is an indication that there is
a marginal supply on a long-term b~~is of potable water within the Marco
Ut 11 ity sources.
He said that any increase in usage of water from the pit in Marco
will result in problems. He suggested the following courses of action
be considered by the 80ard:
1. As grantor of the franchise to Marco Island Utility, the
County should request Marco Island Utility to provide the
County with "technical data" supporting their claim of the
ability to provide potable water to the area for the next 45
yea rs .
2. The County should size the raw water line from the source to
the treatment plant such that it could pick up Marco Island
in the future when it might be needed.
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Chairman Wenzel noted that a paragraph requesting the above mentioned
"data" will be incorporated in the letter to Deltona Corporation ending
negotiations for the acquisition of the Marco Island Utility.
Commissioner Archer moved, seconded by Commissioner Pistor and
carried unanimously 4/0, that Regional Plan Alternative Number Three
be adopted.
An unidentified person from the audience asked where all the water
would come from for the Re9ional Water System and Mr. Berzon stated that
the water would be coming from the Golden Gate Canal, primarily.
ACQUISFION OF GOLDEN GATE AND CAPRI UTILITIES - APPROVED
Later in the meeting after the Public Petitions, Utility Director
Berzon stated that he had forgotten to request authorization for entry
of the County into negotiations re the acquisition of the Golden Gate
and the Capri Utilities as part of the adoption of Regional Plan
Alternative Three.
Commissioner Archer so moved, seconded by Commissioner Pistor and
carried unanimously, 4/0.
STAFF DIRECTED TO PREPARE ORDINANCE RE PROHIBITION OF ALL DISCHARGING OF
FIREARMS AND DECLARING THAT ALL FlREARHS ARE "OFF LIMITS" WITHIN MY PLATTED
AND RECORDED SUBDIVISION IN COLLIER COUNTY, TO BE BROUGHT BACK BEFORE THE
BOARD TODAY FOR ACTION
Mr. Gary Hancotte, resident of Golden Gate Estates, petitioned the
Board to include all of the area covered by the Collier County school
bus on its regular route into the "No discharge of firearms" area in
Ordinance No. 76-61. He stated that he lives in Unit 16 ^nd has sent
a letter to the Board requesting the inclusion Or said unit along with
unit 17 into the reqv~~ted amendment. He ~aid the reason he is asking
for inclusion of the entire schoo~ bus route is because there have been
instances of shooting at or near t~:~ bus while it is enroute to and from
school and he fears for the lives of the children on the bus. He noted
other problems from the diSCharging of firearms including livestock being
shot. He expounded on the recent changes in the Estates area and asked
that the Board consider the area in question as one of residential homesteads
rather than of open spaces for hunters. He stated that the area he is
speaking of is not declared as a hunting area by the Fish and Wildlife
800K 051 PAGE 63
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January 15, 1980
Division and is zoned residential. The problems of a hunter trying to
determine which unit he may be in was discussed, and Mr. Hancotte noted
that one section of land runs into the other out in this area of the
County and, therefore, makes it impossible for hunters to know where they
are regardin~ section lines, unit numbers, etc. He pointed out the problems
with the Florida Statute that prohibit s firing guns as one that only make
it illegal when a person knowingly fires into a residential area. Mr.
Hancotte referred to a petition of Mrs. Gibson for inclusion of her unit at
an earlier meeting, which was not done, and said that both he and Mrs. Gibson
~have chfld', l.:f1 who may be in danger from gunfire in and around their own
homes and along the streets near their homes.
Mr. Hancotte pointed out what he felt were problems for law enforce-
ment officers under the present ordinance and asked for a stricter Ordinance.
He stated that he feels the Board are the only ones who have the power
to protect the people in the Estates and pleaded with them for their con-
sideration. He asked for the rights of the police, the residents, and
their children to be protected with an appropriate Ordinance.
Chairman Wenzel asked Assistant County Attorn~y Pires if it were
not possible to make the whole area in question a "No hunting" area. Mr.
Pires answered affirmatively. Chairman Wenzel noted that he feels under
the present process of having to petition to have one's area included in
the Ordinance will only lead to having to hear more and more petitions
as the ared develops. He stated that he feels the entire Golden Gate
Estates area should be included.
County Attorney Pickworth ~tated that it appears to him that the
County can take care of Mr. Hancotte's reque~t and also Mrs. Gibson's
request by extending the present Oruinar~~ approximately 1/2 to 1 mile
to the East. He stated that he was not prepared at this time to go into
the reasons why it would not be a good idea for the Board to include all of
Golden Gate Estates. He noted that he sees no problem with this but
does see problems regarding the inclusion of the entire Estates area and
noted that he would address the Board re same at a later time. Chairman
Wenzel stated that he would heed Mr. Pickworth's advice.
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January 15, 1980
Commissioner Wimer said that he would like to have benefit of said
reasons for problems as mentioned by Attorney Pickworth. He added that
he has always felt that there should be a "No hunting" rest~iction on
the entire area and still feels a need for a complete ban of all discharge
of fir~~arms in the Estates area as he does not want the responsibility
of anyone getting hurt from gunfire.
Mr. Pickworth stated that it is not his intention to have to "piece-
meal" this problem and agreed to address the entire Board at a later time
on his reservations. He noted that they are based on similar problems
as too~ place at the public meeting at the Civic Center in Golden Gate last
week, in that there needs to be an awareness of the problems of the urban-
izing and non-urbanizing of the Estates area: the provision of municipal
services and the not providing of them; the character of the area, and
all of these must be worked into consideration of the problem. He said that
the problem being discussed today needs to be part of the entire fabric
of the area. He stated that sooner or later the County has to come to
the point where it draws a line and makes an overall legislative pOlicy
decision on the future character of the area in question.
Commissic~er Wimer noted that he would like to clarify his statement
in that any subdivision, not just Golden Gate Estates, should be covered by
an Ordinance that prohibits the discharge of all firearms and prohibits all
hunting.
r~r. Hancotte stated that if the entire area serviced by the school
bus is not put into the protection of the Ordinance that he is going to
request that a police car accompany the bus tv insure the safety of the
children. He dp.finu~ the area he is referring to and gave street names
that the bus follows.
Chairman Wenzel stated that tie did not feel the matter could be
resolved today and instruct~d t~e County Attorney to Workshop the matter
or come back before the Board as soon as possible with an Ordinance
that puts any subdivision in a "No discharge of firearms" area. He
said that he will go along with Mr. Pickworth's recommendation to put these
&oOK 051 rt:E 65
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051 PACE 66
requested areas in the Ordinance today and directed Mr. Pickworth to
follow the instructions regarding the inclusion of all subdivisions in
such an area as previously mentioned.
Cr,'missioner Wimer stated that he wants some action taken today
regarding all subdivisions.
Consulting Engineer Ted Smallwood stated that the City of Naples
has put 10 wells out just East of Everglades Boulevard and he said that
they are constantly plagued with having to repair or replace control an-
tennas, electric service to the buildings, etc. He said that they are being
shot:l'lt all the time on a continual basis. Chairman Wenzel said that
is another reason for putting the whole area under control. He stated
that for the safety and welfare of the citizens, he goes along with
Commissioner Wimer's recommendations.
Commissioner Wimer moved that the staff draft an Ordinance declaring
that all platted and recorded subdivisions in Collier County be declared
"off limits" for the discharge of firearms and any and all hunting. He
added to the motion that same is to be brought back to the Board this
afternoon. Commissioner Pistor seconded the motion and carried 3/1.
Commissioner Archer dissented.
Planning Director Crew stated that he thinks the real problem being
faced by the Board today is that they "Must make a decision" regarding
the Golden Gate Estates area and its future needs. He referred to the last
meetillg of the GGESC and noted that a meeting with the members of the
Board is needed and some real decisions need to be made regarding the
.piece meal urbanization" fn the Golden f;Jtes Estates Area. He urged the
Board to have a pubiic meeting re same as soon as possible. Chairman
Wenzel directed Mr. Crew to se~ up ~ workshop to discuss the Golden Gates
Estates future and agreed to hilve the Board participate.
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EXPLANATION OF RATE INCREASE FOR CABLEVISION PRESENTEO BY BILL RYAN,
VICE PRESIDENT, PALMER CA8LEVISION
Mr. Bill Ryan, Vice Presf~ent of Palmer Cablevision, stated that
he was here today to give an explanation of the rate increase for
cab1evision in response to a citizen's request for same. He noted
that the name of the cablevision firm has been changed and was
formerly known as Gulf Coast Television.
Chairman Wenzel stated that one question that was raised by the
public is why there is a difference between the rates for those sub-
scriber, who reside in the City of N&p'es, and those who reside in
the County. He said another question is why is there a sudden jump in
rates? He referred to a remark made by Mr. Ryan previous to today's
hearing in which Mr. Ryan said that it had been four years since the rates
were increased. Chairman Wenzel said that tile party who questioned the
sudden raise in rates suggested spreading the raise over a broad period
of time rather than calling for the entire raise at one time. Mr. Ryan
s,id that would be the best way to do it but they had a four year catch
up.
Mr. Ryan s~~mmarized his feeling by noting that he appeared before the
Board one year ago and renegotiated certain elements of his franchise,
none of which were implemented until the first of this year. He said
that last year the City of Naples' franchise was due for renewal and
was repowed after lengthy negotiations. He said that the City Franchise
is new and the net changes within same are as follows:
1. The method of determining rates wa~ established as taking
the average rate of regulateu cable systems in Florida as
of August 1, ~nd they are averageo and equal the new rate
effective October 1. The figurp for 1980 was determined
to be $87.36 plus the corri'J';f; fee of 2% that is added, making
the figure $89.10. This l"i:I',"e is divided into 12 making a
rounded off figure of $7.13 per month which come out to $89.16
per year plus 4% tax.
2. Because the City document is a new franchise and not an
amended one such as is the case of the County franchise,
the FCC has mandated that the franchise fee in new
franchises may not exceed 3% increase.
He stated that the County franchise does not have the 3% clause in
it as it is not new and, therefore, it has a figure of a limit of 5%
grandfathered in the franchise. He explained that in effect, there
BOGA 051 PACt' 67,
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051 PACE 68
is a 2% differential for doing business in the City and doing business
January 15, 1980
within the County. He said that the 2% was added into the County rate
making it $7.43 times 2% equalling $7.58 per.month, that was rounded off
to $7.60 times 12 comes to a total of $91.20 plus 4% tax. He concluded
by saying that the difference in the increase in rate between the County
and the City is actually $.02 per month or 24~ per year.
Chairman Wenzel asked if that 24~ did not get returned to the
County? Mr. Ryan agreed that that figure represented the franchise fee
that Is returned to the County and is placed in the General Fund.
ROUTINE 3ILLS APPROVED FOR PAYMENT
Commissioner Archer moved, seconded by Commissioner Pistor and
carried unanimously 4/0, that the bills be approved for payment as
witnessed by the following warrants issued from January 8, 1980 through
January 15, 1980, same having been processed following established
procedures, with funds available:
FUN Q.
BCC Payroll - CETA
County Checks
WARRANT NOS.
713-821
3287-3557
SPECIAL ACT AMENDMENT RE MILEAGE ALLOWANCE FOR COMMISSIONERS-APPROVED
AS AMENDED BY COUNTY ATTORNEY TO INCLUDE A PROVISION PARALLELING THAT
ALLOWED OF THE STATE
County Attorney Pickworth stated that he has drafted a Special
Act Amendment as directed by the Board and noted that same is drafted
so as to follow the State.
Commissioners Archer and Wimer asked if it \1115 possible to
draft It in such a wa.' 3 S to provi de for an automa ti c increase
whenever the State's allowance is r~ised? Mr. Pickworth stated
that he could take the language from thl:! State Statute, and stipulate
that whatever the I.R.S. allows, I.e. 19~ in 1980-81, then the
County will also get 19~. Commissioners Archer and Wimer agreed that
same WilS satisfactory. Mr. Pickworth agreed to add same.
Commissioner Wimer moved, seconded by Commissioner Pistor and
carried unanimously 4/0, that the Special Act Amendment re mileage
allowance for Commissioners, prepared and amended by the County
Attorney be approved for presentation to the legislative Delegation.
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January 15, 1980
CHAIRMAN AUTHORIZED TO SIGN THE'LEM PRE-APPLICATION & MODEL STATEMENT
OF COMMITf1ENT RE GRANT FUNDS FOR SHERIFF'S DEPT.
Commissioner Archer moved, seconded by Commissioner Pistor and
carried unanimously 4/0 that the Chairman be authorized to sign the
L.E.A.A. pre-application & model statement of commitment re Grant funds.
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CHAIRMAN AUTHORIZED TO SIGN CERTIFICATES OF CORRECTION TO THE 1978 &
1979 TAX ROLLS AS PREPARED BY THE PROPERTY APPRAISER
January IS, 1980
Commissioner Archer moved, seconded by Commissioner Pistor and
carried unanimously 4/0, that the Chairman be authorized to sign
the certificates of correction for the 1978 and 1979 tax rolls as
, :
prepared by the Property Appraiser's office as follows:
1978 Tangible Personal Property Number 68 Dated 1/4/80
1979 Tangible Personal Property Number 132-139 Dated 1/1/80-1/11/80
~979 Tax ~01l
N'Jmber
~ated
12/28/79
12/27/79
12/28/79
1/2180-1/10/80
281
289-295
307-308
312-324
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LEAVE OF ABSENCE FOR LELAND THOMAS - APPROVED
Administrative Aide to the Board Mary Morgan stated that a request
has been made to have the Board approve a leave of absence for
Leland Thomc:l~, c:l ROc:ld Depc:lrtment employee, who is presently having
a medical proble~ with his back and is under a doctor's care. She
stated that the doctor does not know how long Mr. Leland will be out
of work and that Mr. Leland has been rated a good employee.
Ms. r.lorgan stated that it is Board policy to present any request for
II leave cf absence for a period of over two weeks to the Board for their
approval.
Commissioner Archer movpd, seconded by Commissioner Pistor and
carried unanimously 4/0, that the leave of absence for Leland Thomas
be approved.
LETTER AND CERTIFICATE OF APPRECIATION AUTHORIZED FOR KENNETH BREAKEY,
WHO RESIGNED FROM THE OCHOPEE FIRE CONTROL DISTRICT ADVISORY BOARD-
THREE MONTH EXTENSION APPROVED FOR SAID BOARD MEMBERS RAY CARROLL AND
EVELYN SHEALY
Ms. Morgan, administrative aide to the Board, stated that
Kenneth Breakey has sent a letter of resignation from the Ochopee
Fire Control District Advisory 80ard and said that the Board requests an
extension of three months for the terms of Evelyn Shealy and Ray Carroll.
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January 15, 1980
COfT11lissioner Archer moved,' seconded by Commissioner Pistor and
carried unanimously 4/0, that Kenneth Breakey's resignation from the
OChopee Fire Control District Advisory Board be accepted, a certificate
of appreciation for his services be approved, and that a three month
extension for terms of Evelyn Shealy and Ray Carroll on same Board
be approved.
DISCUSSION RE REAPPRAISAL OF PROPERTY AS MANDATED BY THE GOVERNOR SCHEDULED
FOR JANUARY 29, 1980 AGENDA
Ms. Morgan, Administrative Aide to the Board, stated that she
received a letter from the Charlotte County Board of County Commis-
sioners transmitting a copy of a recently adopted Resolution that refers
to their refusing to appropriate funds within the County budget for the
reappraisal of properties within Charlotte County as mandated by the
Governor of Florida. She said that Charlotte County denied the appropria-
tion of funds for reappraisal on the basis that the State is to provide
funding for such directives, and the ability of the Counties to adopt
supplemental budgets and tax levies without referendum have been hampered.
She suggested that perhaps the Commissioners would like to do the same
thing.
After a brief discussion of the matter Chairman Wenzel stated
that he was in favor of doing the same thing and Commissioner Archer
agreed, and moved to consider same on January 29th. Commissioner Pistor
secc~ded the motion. Upon call of the question the motion carried
unanimously.
$3,SOO BUDGET APPROVED FOR CONSULTANT TO REVIEW BID SPECIFICATIONS RE
Al-1BULANCE SERVICFS CONlRACT
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Ms. Morgan, Administrative Aide ta the Board, stated that the travel
authorization regarding the cone".)' cant for the bid specifications for the
ambulance services contract t;lat is being prepared at this time must be
approved. She said it will involve an appropriation of $3,SOO. Commis-
sioner Wimer moved that the Board approve a budget of approximately
$3,SOO for outside consultants to review the bid specifications of the
ambulance service contract. Commissioner Archer seconded the motion
and it carried unanimously.
8OiJ~ 051 rACE 77
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January 15, 1980
Commissioner Wimer stated that said consultant will help draft
the bid specifications and, when the bids come in, they will also help
review the bids and recommend who shall be awarded the contract.
OER BIOLOGICAL ASSESSMENT, HENRY DUGAN FOR A SEAWALL ON PROPERTY LOCATED
ON VANDERBILT LAGOON - APPROVED - RESOLUTION #80-14 RE APPROVAL OF SEAWALL-
ADOPTED
Environmental Consultant Harmic addressed the matter of compliance
to the Florida Statute Section 253.124, that states that the County
Commission shall have the biological report and that same shall be read
into the recorrl and duly considered at that time and that the Board
shall take final action regarding the approval or disapproval of an
application for a seawall permit. He said that such a seawall permit has
been applied for by Henry Dugan for his property on Vanderbilt Lagoon
and he is prerared to read the biological report into the record today,
so as to allow the Board to determine the approval or disapproval of the
seawall permit then to allow the Board to adopt a Resolution stating same.
Dr. Harmic read the following biological assessment into the record at the
end of which he stated that he has completed a site in~pection regarding
the proposed seawall and he agrees with the biological assessment, therefore,
he recommends approval of said permit #11-25508-5E and the submission of the
appropriate Resolution to the DER.
Commissioner Wimer moved, seconded by Commissioner Archer and carried
unanimous.y, tha t DER seawa 11 permit #1l-25508-5E be approved and that }'.',....' .1"....
Resolution No. 80-14 stating same be adolJtcd and sent on to t~1 DER. ".'
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STAFF DIRECTED TO UNDERTAKE STEPS NECESSARY TO INCREASE PARKING FACIL-
ITIES AT COURTHOUSE COMPLEX IN COMPLIANCE WITH ZONING ORDINANCE
Commissioner Wimer stated that it is his wish that the staff commence
the designing of additional parking facilities for the Courthouse Complex
in order to comply with County Zoning Regulations and so moved, seconded
by Commissioner Pistor and carried unanimously 4/0.
STAFF DIRECTED TO STUDY THE REMOVAL OF THE PHRASE "UNLIMITED HEIGHT"
FROM FUTURE PUD DOCUMENTS AND REPORT FINDINGS AT THE WORKSHOP SESSION
PLANNED TO DISCUSS BUILDING HEIGHT LI/1ITATIONS
Commissioner Pistor stated that it is his understanding that within
certain PUD documents, the phrase "unlimited height" has been inserted.
He referred to PUD documents that have been approved in the past and
explained that he felt the requirement that the height of a building
be conforming to the use of the zoning in the area that is being developed
is being obliterated by the insertion of the phrase "unlimited height"
as applies to the respective PUD. He suggested that this matter be
looked into, including the legalities of removing same phrase from future
PUD documents.
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Commissioner Wimer moved that staff proceed with this matter immedi-
ately and alsc directed staff to study the need for any verbage that
may be needed to restrict the height limitations.
Commissioner Archer asked which PUD document was in question.
Chairman Wenzel said that he is referring to all PUD documents.
Pl:nner Lee Layne stated that the present Zoning Ordinance re PUD
documents states that the height regulations of PUD documents must
follow the district to which it is most similar. She referred to the
Park Shore PUD as the only document that 1as no height limitation
within it and noted that at the ;;~mf! ;,t' approval of said PUD document,
the County did not have the ~2 Zoning District. She stated that it is
her feeling that the situation has been rectified by the establishment
of the above-mentioned regulations within the Zoning Ordinance.
Commissioner Archer stated that he feels that if the intent
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of the motion is to change the Park Shore document that has been
approved by thi s Board more than three years ago there woul d be pur--
suant legal repercussions. Commissioner Wimer clarified the intent of
BOOX 051 PACE 81
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051 PACE 82
January 15, 1980
his motion as not being directed at any particular PUD document, rather,
PUD documents in general. He said that he simply wanted answers to
the questions he has raised and staffs comments on the possibility of
inserting more appropriate language within PUD documents regarding
the limitations of building height and that he is requesting staff to
study the matter. Commissioner Pistor noted that he has been told by
Dr. Crew that there is more than one PUD document with the phrase
"unlimited height" in it, and Chairman Wenzel commented that there is a
difference of opinion between the Planning staff regarding this and the
matter should be studied and a report of same made at the workshop that
has been scheduled to discuss building height limitations by previous
Board direction.
Upon call for the question, the motion passed with a 3/1 vote.
Commissioner Archer dissented.
DEPUTY PHILIP 11. MASINO DESIGNATED AS RESIDING WITHIN PRECINCT 15
In compliance with Florida Statute 30.08, the following Deputy
Sheriff and the number of his voting precinct is filed with the 80ard
of County Co~issioners to become a part of the minutes of the meeting:
Deputy Philip M. Masino.....Precinct Number 15
MISCELLANEOUS CORRESPONDENCE - FILED AND/OR REFERRED
There being no objection, the Chair directed that the following
correspondenee be filed and/or referred to the various departments
as indicated:
1. Letter dated Janud,y 11, 198D fr~m GAC Utilities, Inc. re
incrp.a_~ in water and s~wa, service connection within
City of Golden Gate, eff~ctiv~ January 15, 1980,
xc Utility Director; c'lfld..
2. Copy of Dept. of Natur~l Resources Permit 88S 79-8M issued to
Del tona Corporation ,;n 12/28/79 for an indefi ni te time re
property located on Section ]9, 20; Township 52S; Range
26E; Marco Island. xc Planning Dept.; Filed.
3. Copy of letter from the Dept. of N~tural Resources, dated
January 8, ]980, approving the requested modifications
of permit #78-P-153M, Mr. W. W. Gilman of Gilman Interests,
1266 4th Street South, Naples; also lifting the "Cease and
desist order" issued re same permit. xc Planning Dept., Filed.
4. Grant Adjustment Notice re LEAA Grant/Collier County CJIS,
Subject-In-Progress, Step 4, Grant 178-A5-09-IEOl.
xc Project Manager, Don Hunter. Filed.
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051 PACE 84:
January 15, 1980
by Commissioner Archer and carried unanimously, that a state of emergency
exists in Units 16, 17, and 70, in Golden Gate Estates. with regard
to the reckless discharge of firearms.
Commissioner Archer moved, seconded by Commissioner Pistor and
unanimously carried, that Ordinance 80-6, as entitled below, be adopted
and entered into Ordinance Book No. 10.
ORDINANCE NO. 80--1L-
AN EMERGENCY ORDINANCE AMENDING COLLIER COUNTY
ORDINANCE NO. 79-102 AS IT RELATES TO PROHIBI-
TING THE DISCl~RGE OF RIM FIRE OR CENTER TYPE
OF FIREARMS WITHIN THE URBANIZING PORTION OF
GOLDEN GATE ESTATES TO INCLUDE UNITS 16, 17
AND 70 OF GOLDEN GATE ESTATES; DECLARING AN
EMERGENCY, SEVERABILITY; PROVIDING AN EFFEC-
TIVE DATE. ,
Commissioner Wimer moved, seconded by Commissioner Pistor and
carried unanimously, that a proposed ordinance to prohibit the firing of
weapons in all of the platted subdivisions in Collier County be adver-
ti$ed for public hearing.
Mr. Hancotte made the statement that, in the event the ordinance
is not adopted, he is covered by Chapter 790-15 FS to protect his own
life and questioned whether or not he has this right in the event his
car is shot at. Assistant County Attorney Pires responded that one
cannot predict the facts and circumstances that could arise to lead
to a possible justifiable claim of self defense, adding that neither
he, nor'the Board, is going to say that he can do that.
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The meeting recesse~ ~t 3:55 P.M. to reconv~ne in Conference
Session immediately thereafter and recon':<:11ecl, at 4:05 P.M.
RESOLUTION WITH RESPECT TO THE REFERENliUM RE CONSTRUCTION OF CO~~UNITY
CENTER ON MARCO ISLAND TO BE SCHEDULED ON JANUARY 22, 1980 AGENDA
Following brief explanation by Chairman Wenzel. Commissioner Pistor
moved, seconded by Commissioner Wimer and unanimously carried, that the
resolution with respect to the referendum pertaining to the construction
of a Community Center on Marco Island be scheduled on the agenda for
January 22, 19BO.
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January 15, 1980
There being no further business for the good of the County, the meeting
was adjourned by order of the Chair - Time: 4:10 P.M. - to reconvene
in Conference Session.
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ATTEST:
"'!I},f~IAM J, REAGA~
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BOARD OF CDUNTY COMMISSIONERS/EX OFFICIO
GOVERNING BOARD(S) OF SPECIAL DISTRICTS
UNDER ITS CONTROL
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eo~~. 051 r;.~f 85