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BCC Minutes 04/15/1980 R j ,:."'tl, ~>.:~-- "," > ",'f.' .' .c::J l-l Naples, Florida, April 15, 1980 LET IT BE REMEMBERED, 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 "Fit of the Courthouse Complex with the following members present: CHAIRMAN: Clifford Wenzel VICE-CHAIRMAN: Thomas Archer John A. Pistor C. R. "Russ" Wimer David C. Brown ALSO PRESENT: William J. Reagan, Clerk; Harold L. Hall, Chief Deputy Clerk/Fiscal Officer; Darlene Davidson, Deputy Clerk; C. William Norman, County Manager; Donald Pickworth, County Attorney; Gene Willett, Administrative Assistant to the County Manager; Thomas Hafner, Public Safety Administrator; Terry Virta, Community Development Administrator; Danny Crew, Planning Director; Anna Zarzecki, Planner; Jeff Perry, . Zoning Director; Irving Serzon, Utility Director; Mary Morgan, Administrative Aide to the Board, and Raymond Barnett, Deputy Chief, Sheriff's Department. BOARD OF COUNTY COMMISSIONERS AGENDA April 15, 1980 NOTICE: ALL PERSONS SPEAKING OH ANY AGENDA MUST REGISTER PRIOR TO THE ITEM BEING HEARD. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRIJING WITK'EXPLANATION,TO THE CQUNTY ~ANAGER'AT,LE^ST 13 DAYS PRIOR TO THE DATE Of TnEMHEETING AND WILL BE-HEARD .UNDERiMPUBLIC PETITIONS AT 11 :00 A.M. 1. INVOCATION 2. 'PLEDGE OF ALLEGIANCE eo~j( 052 PACE 548, ~.---...._-_. >",.1.,_ . &ani . 0.52- fACE 551 ; . _\..,A .~.~ April 15, 1980 ~ 16: MISCELLANEOUS CORRESPONDENCE 17. NEW BUSINESS 18. PUBLIC PETITIONS A. Request by Mr. & Mrs. Helmut Hittinger for permission to utilize a travel trailer as a temporary residence at 2175 Wilson Boulevard in Golden Gate Estates. 19. ADJOURN AGENDA APPROVED WITH ADDITIONS AND DELETION Commissioner Archer moved, seconded by Commissioner Pistor and carried unanimously 5/0, that the agenda fOl' today I s meeting be approved with the following additions and deletion: 1. Consideration of procedure to implement the emergency Lethal Yellowing Program - Added to Old Business, 8-A. 2. Consideration re request from Dr. Chester Triplett to carry a concealed pistol - Added to County Manager's Report. 10-A-Z. 3. Discussion re problems with package treatment plant at Trafford Pines Estates - Added to County Manager's Report, lO-A-3. 4. Interlocal agreement re Corkscrew Road pr~blem - Added to Board of County Commissioner's Report, 15-B. 5. Authorization for audits re American Ambulance - Added to Old Business. 8-B. 6. Consideration of Interlocal Agreement Creating a Combination Region IX re Combined Entitlement for LEAA funds - Added to Old Business, 8-C. 7. Consideration of authorization for negotiations with American Appraisal for invento~ of equipment re insurance purposes _ Deleted, (Will be taken up during 4/22/80 meeting.) ..-, r MINUTES OF MARCH 25, 1980 MEETING - APPROVED AS PRESENTE~ Commissioner Pistor moved, seconded by Commissioner Archer and carried unanimously 5/0, that the minutes of the March 25, 1980 meeting be approved as presented. 1 . I.,' ,(, . ;.: t, ,fIf'."\'~ -","" - "i;,. .,- ..... ,. '". ~-, > l'....... ~>':':.I.:~J~.~~'..: r..' r.:.~j~,~': '!; ".;~\.'; '-' r:::J - 'J [ J ~. J April 15, 1980 PROCLAMATION DECLARING APRIL 26, 1980 AS "SCOUT-GOODWILL GOODTURN DAY" Upon reading the Proclamation declaring April 26, 1980 as "Scout- Goodwill Goodturn Day". Chairman Wenzel presented same to Ms. Delores Monaco. representing Goodwill Industries, and Messrs. Alan Adams, representing the Boy Scouts of American. and Tom 0'Ri1ey. representing MacDona1ds. Inc. The latter gentleman's firm is participating in a tr1-Coun~ program along with Goodwill Industries and The Boys Scouts of America, in the promotion of the "Scout-Goodwi tt Goodturn Day" effort. * * * * * * * * &ODX,. ~5~~~E 552 t- ': .;r ,.,i- -L "ii'.:;" - - .. .~. ..." "'- . r=J : _I [-~ . ORDINANCE NO. 80-39 TO FACILITATE RETRIEVAL OF CIRCULATING LIBRARY MATERIALS - ADOPTED April 15, 1980 Legal notice having been published in the Naples Daily News on March 26, 1980 as evidenced by Affidavit of Publication filed with the Clerk. public hearing was opened to consider the adoption of an Ordinance that would facilitate t;le retrieval of circulated library materials. County Manager C. William Norman explained that the Free Public Library of Collier County is experiencing a major problem in that it has been hampered in efforts to retrieve cfrculated books that are on loan and have not been returned for various reasons. He safd that in an effort to facilitate such retrieval of the library materials, which represent some $6,000 at this point in time, the proposed Ordinance has been drafted and that it is his rpcommc~dation that the Board adopt same. Pursuant to Mr. Norman explaining that he has been workfng with both the County Attorney's office and Mr. Joder, County Librarian, in order to develop the proposed Ordinance, and seeing that there were no registered speakers who wished to address the matter, Commissioner Wimer moved, seconded by Commissioner Archer and carried unanimously, to close the pUblic hearing. Commissioner Pfstor moved, seconded by Commissioner Wfmer and carri~d unan'n~us1y 5/0, that the Ordinance as numbered and entitled below be adopted and entered into Ordinance Book No. 11. ORDINANCE NO. 80 - .J.L AN ORDINANCE MAKING IT UNLAWFUL TO FAil TO RETURN BOOKS OR OTHER LIBRARY MATERIALS FROM THE COLLIER COUNTY FREE PUBLIC LIBRARY AFTER WRITTEN REQUF.ST FOR RETURN OF SAID rllATERIALS HAS BEEN MADE BY SAID LIBRARY; IMKING IT UNLAWFUL . TO FAil TO REPORT lOSS OF L1BRA~Y MATERIALS AND FAIL TO REIMBURSE FOR SAME; MAI<ING IT UNLAWFUL TO DESTROY OR DAMAGE LIBRARY MA1"ERIALS OR TO FAil TO REIMBURSE' FOR SUCH MATERIALS OR DAM- AGES THERETO; MAKING IT UNLAWFUL TO FURNISH A FALSE NArilE OR ADDRESS OR TO USE A FALSE LIBRARY CARD FOR THE PUR- POSE OF PROCURING MATERIAL FROM THE . COLL'lER COUNTY' FREE' PUBLIC' LIBRARY; PROVIDING A SERVICE FEE; ESTABLISHING IDENTITY; PROVIDING FOR THE VIOLATION OF THE PROVISIONS HEREOF AND PENALTIES FOR SAID \lIOLATION; PROVIDING FOR SEVER- ABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING.AN EFFECTIVE DATE. ',:\ . &OOK 052:t\CE' 554' /" ~ .:1-' '\ > .IlIIl.-.- ~OOK 05~,fACE 555 . ...- . . PUBLIC HEARING RE PETITION IZ-80-1-I IMMOKALEE AREA PLANNING COMMISSION REQUESTING A BUFFER FOR COI1MERCIAL & INDUSTRIAL PROPERTY LOCATED ADJACENT TO RESIDENTIAL ZONED PROPERTIES . CONTINUED FOR 30 DAYS Aprfl 15, 1980 Legal notice having been publlsncd In the Naples Daily News on March 13, 1980 as evidenced by Affiduvit of Publication previously filed with the Clerk, publIc hearing was opened to consider Petition IZ-80-1-I, Immokalee Area PlannIng Commission, requesting a buffer for commercial and industrial zoned property that abuts residential property, same having been continued from April 1, 1980. Zoning Director Jeffory Perry explained that staff was directed at the November 27. 1980 BCC meeting to draft an amendment to the Immoka1ee Area Zoning Ordinance No. 74-15 in order to provide for a buffer and setback requirement for commercial and industrial properties that abut residentially zoned pr'operty. He stated t1.dt pursuant. to that direction the staff has developed the proposed amendment and that same is consistent with the Coastal Area Planning District requirements; that it is staff's recommendation to approve said amendment; and that on March 26. . 1980 the IAPC voted unanin~usly to recommend denial of the subject amendment. There was some discussion regurding the two recommendations and the fact that Commissioner Brown stated that It is his understanding that the IAPC wishes to workshop the matter rather than making a definitive recom- mendation for denial at this time. Community Development Administrator Terry Virta stated that he was not under that impression, and it was his understanding that the IAPC is referring to a different matter and that they have rejected the subject proposal altogether. During the discussion of the proposed amendment several areas of question were brought to light. including the apparent need for some sort of a "buffer" for separating the different kinds of zoning; the need to have continUity between the IAPC and the CApe's respective zoning regulations; the pOSSibility of resultant "Non-conforming" lots that may occur if narrow lots are made to conform to the proposed regulations and set aside certain amounts of footage for set- backs and buffer areas; and. whether the IAPC objects to the proposed amendment because of the requirements for buffers or because they feel the setback requirements are excessive. Also discussed WaS the apparent t. :. .., ~.4 1 . rL-, ~..... ';\;;'S'~~'*:~! !I I " , \ I \-:..:.;.,.,\, ,,'..\'jol"" c:J I._J r=.J April 15, 1980 'I need for a clearer designiltlon ilS to where the responsibility will 11e for the allowance of the required setbacks, in the event that an owner wishes to have a parcel of land rezoned from Commercial or Industrial to Residential and same land lies amidst presently zoned commercial or industrial lands. Pursuant to Mr. Normiln 5lJ(J(Jr~stl/lg the matter be referred to the IAPC for their further review, Corrmfssioner Brown moved for continuance of the public hearing for 30 days to allow the IAPC sufficient time to review the matter and forward their findings to the BCC for action at the end of that time. Commissioner Pistor seconded the motion and it carried unanimously 5/0. RESOLUTION NO. 80-8lA RE PETITION V-80-5-C GRANTING A nEAR YARD SETBACK VARIANCE FOR PROPeRTY OWNED BY RANDY AND SANDY ACReS. LOCATED ON LOT 3 BLOCK 3, NAPLES TWIN LAKES - ADOPTED Legal notice havin9 been rub I ished in the Naples Daily News on March 30, 1980 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition V-80-5-C as filed by Randy and Sandy Acres for a variar,.::e in a rear yard setback for property located on Lot 3, Block 3, Nuples Twin Lakes. Zoning Director Perry explained t:,at the Acres were found to be in violation of the Zoning Ordinance because they have an above-the-ground swimming pool and screen I:'ncl0511r(> 1l)c~tcd on their property, some 4lt feet too close to the lot line, which is supposed to setback 10 feet. He said the yard has an existing six foot fence around it and that said fence is located on or near the lot line; the subject pool and enclosure was con- structed in 1974 without benefit of a permit; and that when notified of the violation, the Acres petitioned for the.subject variance of 4~ feet rear yard setback. There was a lengthy discusr,ion regarding the subject violation and Mr. Perry stated that Mrs. Acres is present to answer any questions that the Board may have. Mrs. Acres stated that her rear yard was made smaller than planned for because the contractor mistakenly constructed the house further back on the lot than he was supposed to and that if the variance she is requesting aDOK 05,2.fAC~556,~' .. '. "; 1 . ,; :!'IIIt-t'lr.'; ~",,,:,", ~~.'1\~'!t.;;>,.~!-A l ., ;. ," ..- 60oK, 052 '!!ACE 557 April 15, 1980 . ~ -'~ .. ~ ".:>lIs not granted. sha wi 11 hlV'.~ to relllove the pool, as there is no place to move it to. She clarifi,~d ~,Is by saying that the remaining open space in the yard is the siL,' of hl~r ,septlc tank, and because the pool lies into the ground a fc\~ fcc t. s:,~ has been advised that she cannot put it over the septic tank or rlrJlnfleld. There were severa 1 qIIC', t.f 0'; broll'Jh t up by members of the Board. that brought forth some cOllfu', ion and d i ffcl'ellces of opinion from several members of the staff, arnol1'J Lite:,I' 'dcre whether or not a permit is required for the installation of a 1.'iJrL<,:,]e above-the-ground pool; whether removing the pool would remedy th(~ 5 i Lu,] L i Ii] and leave an enclosure that was in compliance. and, whethcr rC:iluvinJ the '~nclosure would remedy the situation and leave a pool that was in camp] ianca. After a brief discussion n"J,]rdin~ the above referenced matters. and hearing that there was no one who ~ILhed to address the matter, Commissioner Brown moved to close the publ Ic h'~JriIl9. Corrrnissioner Wimer seconded the motion which carried undllimclJsly. Commissioner Brown mO'lcd to s"ant the variance to the Acres and that Resolution No. 80-8lA re~.1rd In'] Pet 1 t ion V-80-6-C be adopted. Commissioner Wimer seconded the motion. During the discussion re'J'1rd in'] the motion and the requested variance, Conmissioner Archer stated that he could not determine from the facts presented today that there w~s ~ny real hardship and that he is reluctant to grant a variance. CommIssioner Wimer offered the fact that the house in question was built in the wroll'] place by mistake and not through the fault of the petitioner as reason for a hardShip. County Attorney Pickworth stated that he sees no legal criteria for a hardship. Commissioner Archer pursued tha facts relative to the pool location. and he noted that there are only a few inches between the screen enclosure, and the pool j therefore, if the encloslJre is removed. the pool will still be in violation of the setback requirement. Mr. Nonman stated that although he is not sure, he doubts that a portable pool can be considered a penmanent structure; therefore, it would not require a building permit. Mr. Perry stated that the cost of the pool would be a determining factor and that if it costs over $50, then. it would be required to have a building permit. Upon call for the question, the motion carried with a 3/2 vote. Commissioner Wenzel and Pistor opposed. r '" roo ,-, 1 ,/;',' ,'. :1.-\ ." --.--- ---... '"' . "" -;:'7'" "',il"';';";'''''''''''''''"'''' .'......,......,< ", ',./ ,;,. '!:,';fF. '. ;1",7, .,W'~., -,- . .,.::.......'ltl d c.::J L.::=J RESOLUTION NO. 80-82 VMt, i ",'I! If. LOCATED IN THE SW POf'T, April 15, 1980 J ;;,~GE EASEMENT ON PROPERTY I !XI:.... UNIT 1 - ADOPTED . . . Legal notice havjn~ 1"'11 1'"1,: i'.;h:d In the Naples Daily News on March 30, and April 7, 1 file with the Clerk, r"!!: , Clj licicliced by Affidavit of Publication on "'1 ',n:en!'d to consider the petition for a vacation of a IS f,,, '.... "c C.loCL,e"t located 1:1 the SW portion of Block 0, Kings Lake, i.'.!::, 1, County Engineer Bud.. I, . C (I'.'J U,,, t: 1. A petition has [,'11 ,.. i ':n,] f:',)fi1 the owner of the subject property for a vacation of a 15 foot drainage easement. 2. Said vacation is np~pssary for the construction of a building on a large tract cf Ian!, 3. The owner has a~r'!": ") r'''loot(! the draina9~ :>tr'Jcture that lies within the existinq easernent and has agreed to be responsible for d C'_ I' S.l i~ relocation. 4. No letters of "no-objec t ion" are required. Pursuant to Mr. BarksdJle's r(conrnendatlon for approval of the vacation, Commissioner Wimer moved, seconded by Commissioner Pistor and carried unanimously, to close the public hearing. Commissioner Pistor moved, seconded by Commissioner Archer and carried unanimously 5/0. that Resolution No. 80, 82 vacating a 15 foot drainage easement on property located in the southwest portion of Block 0, Kings lake, Unit I, be adopted. * * * * * 8Oa~' 052. PACE 560 .. '....:~ " -' -,:\',:,;/"~'.., ,j::.'.-. ;~. '-.." ...., l - -i --- ._J J April 15, 1980 IMPLEMENTATION PROCEDURES RE LETHAL YELLOWING PROGRAM - APPROVED County Manager Norman explained that since the meeting 4/8/80, Gene Willett, along with representatives of the Agriculture Department have met with the Lethal Yellowing Inoculation contractors, Walsh and Shenefield, and developed a program that he feels is to be commended, regarding the implementations of a procedure for the commencing of the Emergency Lethal Yellowing program in Collier County. Mr. Willett stated that the final report regarding the procedures for the subject program has been distributed this morning, and is part of the Executive Summary. He synopsized the contents of the report and resultant recommendations and pointed out that the porposed procedures are somewhat different than what has been proposed thus far, due to the wide-spread publicity that the program has received and the large number of homeowners that have already contracted with Walsh and Shenefield to fnoculate their palms. Mr. Willett said that three things need to be considered today as follows: 1. The establishment of the administrative procedure, as outlined wfthin the Executive Summary. 2. The approval of the proposed rates as indicated within the Executive Summary. 3. The authorization of a temporary position in the Agriculture Department, for a Horticulture Technician. /011'. Willett said that he is requesting that the proposal from Wd1sh and Shenefield be approved today, as it is outlined within the Executive Summary. Mr. Willett stated that briefly, what will take place in all four recommendations are approved, is that the contractors, will inoculate as many trees as is possible prior to June 1, 1980 for $2.25 per tree; this fee will be paid by the individual property owners directly to the contractor. He said that at that time, the responsibility of inoculation will be taken by the County and from that point any trees that will be inoculated will be done so via purchase orders from the County; the contractor will charge the County $2.25 per tree and the cost to the property owner will be as follows: 1. Above the cost of $2.25 per tree that will be paid to the constractor, there will be a charge of $2.00 per tree, thus, the total per tree will be .$4.25. ... -. ......:. BOOK 05e PACE 56.2 BOOK 05~~ACE 563 .' .. 1 April 15, 1980 2. Above the costs outlined in Number 1. there will be a base price charged all property owners of $17.50 per property. Mr. Willett stated that every effort.wil1 be made to inoculate as many trees as possible prior to the June 1, 1980 cutoff date, on the part of the contractor, and that on May 15, 1980 the Agriculture Agent will mail notices to all owners of tr~es not yet inoculated explaining that they have 10 days to do so, otherwise, the County will have the contractor do the inoculations at the above referenced costs to the owners who fail to comply, After a brief discussion regarding how many trees are in question, how many have and have not been inoculated and the like, Commissioner Wimer moved to approve the aforementioned staff recommendations as explained earlier by Mr. Willett, for the implementation of procedures re the emergency lethal yellowing program in Collier County. Commissioner Pistor seconded the motion and it carried unanimously 5/0~ INTERLOCAL AGREEMENT CREATING A COMBINATION REGION IX ENTITLEMENT JURISDICTION - APPROVED FOR CHAIRMAN'S SIGNATURE Pursuant to Clerk William Reagan's explanation regarding the Combined Entitlement Agreement re the Entitlement status within the Criminal Justice Improvement Act of 1979, and his statement that the subject proposed Agreement will enable distribution of LEAA funds through local people appointed from within the five Counties, Collier, Lee, Charlotte, Hendry. and Glades. Commissioner Pistor moved, seconded by Commissioner Archer and carried unanimously 5/0 to authorize the Chairman's signature on said Agreement. * * * * * * l/ J ;1 'I 'I I I j . -- ....... - BOO~ 052. PAGE 573 Aprll 15, 1980 ~ CONTRACT COMPLIANCE REVIEWS AND OPINION AUDITS FOR FY PERIODS EN~ING 7/31178. 7/31179 & 3131/80 RE AMERICAN AMBULANCE AUTHORIZED - CLERK DIRECTED TO RECOMMEND FIRM FOR ENGAGEMENT OF SAME Deputy Clerk/Fiscal Officer Hali stated that after reviews with the Clerk, County Manager, and the County Attorney, the Clerk is recorrmending that the Iloilrd iluthorize Contract Compliance Reviews with American Ambulance fOI' three periods as follows: 1. AU<JlIst 1, 1<J79 throuCjh March 31, 1980. 2. Americiln Ambulance FY ending July 31, 1979. 3. American Ambulance FY ending July 31, 1978, if needed. (Completion of the contract compliance review performed in pilrt by Holcher & Taylor, C.P.A. firm.) Mr. Hall added that Financial Opinion Aud ,ts for the above referenced periods of time are also being recommended, noting that it may be later determined by the accounting firm and the County that a Financial Opinion Audit for the latter time period ending July 31, 1978 is not required. Mr, Hall stated that the Opinion Audits are required to be completed on' an "accrual basis", consistent with the prior year, and therefore, there is a need to have the Americiln Ambulance Fiscal Year ending in 1979 redone; although, he added, this should be accomplished edsily, as the information has already been compiled. Mr. Hall concluded his recolTTTlendation lJy stating th"t he is requesting the Goard to direct the Clerk to submit a recorrrnended firm for the above engagement; prepare 11 detailed listing of the kind of work to be done; and, submit an engagement letter to the Board for the Chairman's signature. Corrmissioner Pistor moved to approve the above referenced Audits, and Contract Compliance Reviews; and, that the Clerk be directed to submit a reconmended fi rm along with a deta il ed engagement 1 etter for the Chairman's signature, He stated that he wishes to go on record as stating that while this matter is being r:onsidered he feels it would be in the best interest of the County, if the County sets up a system, whereby the County collects all the fees, and pays all the bills regarding AnFrican Ambulance services and operations through the Clerk's office. Commissioner Wimer asked for clarification of the motion and Commis- sioner Pistor stated that only the recorrrnendations made by Mr. Hall regarding audits. the compliance reviews, and the recorrrnendation of a firm and sub- mi ttal of the engagement letter is to be considered as his motion, r r-' ~ ',' ,-~ . , (--'Of ---- \ ,.~J , _,J April IS, 1980 Upon hearing Commissioner Pistor's clarification, Commissioner Wimer seconded the motion to approve and authorize Mr. Hall's aforementioned. recommendations and the motion carried unanimously 5/0. PETITION BY DENNIS WHITE FOR O. & S. GECKLER TO VACATE 6 FOOT UTILITY EASEMENTS BETWEEN LOTS 18, 19, 20. AND 21, BLOCK 192, GOLDEN GATE CITY- ADVERTISING AUTHORIZED FOR PUBLIC HEARING ON MAY 6, 1980 Conmissioner Archer moved, seconded by Commissioner Pistor and carried unanimously 5/0, that the advertising be authorized for Petition t.o vacat.e 6 foot util ity eilspments between Lots 18, 19, 20, and 21, Block 192, Golden Gate City, for public hearing on May 6, 1980, as requested by Attorney Dennis White for Donald and Samuel Geckler, CREATION OF THE RETREAT UNIT 1 STREET LIGHTING MUNICIPAL SERVICE TAXING DISTRICT - AOVERTISING AUTHORIZED FOR PUBLIC HEARING ON MAY 13, 1980 Commissioner Archer moved, seconded by Commissioner PistOl' and carried uflanil110usly 5/0, that the advertising be authorized for the creation of the Retreat Unit 1 Street Lighting Municipal Service Taxing District, for public hearing on May 13, 1980. VOLUNTARY REVOCATION OF CONCEALED PISTOL PER:UT NO. 79-3, LARRY RAAB _ APPROVED Pursuant to Administrative Aide to the County Manager Gene Willett's explaining that the subject revocation of a concealed pistol permit is a voluntary revocation, as the permitee, Mr. Larry Raab, has been permitted through a securi ty agency tha t he no longer works for and there fore no longer has need for said permit, Commissioner Archer moved that the Board formally cancel and revoke Concealed Pistol Permit No. 79-3, for Larry Raab. COlll1lissioner Pistor seconG~d the motion, and it carried unanimously 5/0. CONCEALED PISTOL PERMIT NO. 80-3, DR. TRIPLETT - APPROVED Pursuant to Mr, Willet.t explaining that Dr. Triplett has met all the criteria as outlined within the relevant Ordinance, No. 79-86, and that Dr. Triplett has substantiated that he hilS undergone threats against his life, as outlined more fully within the Executive Summary, Commis- sioner Archer moved to approve Concealed Pistol Permit No. 80-3 for Dr. Chester Triplett. Commissioner Pistor seconded the motion and it carried unanimously 5/0. ... BOO~ 052 PACE 574 t 'i I ." ,.",:.' .._~_.- BOOK 052 PACE 575 Apr il 15, 1980 COUNTY ATTORNEY AUTHORIZED TO TAKE NECESSARY STEPS ON BEHALF OF COUNTY'S INTEREST REGARDING ANY LEGAL RAMIFICATION REGARDING PROBLEMS WITH THE TRAFFORD PINES ESTATES' PACKAGE TREATMENT PLANT County Manager Norman reported that on last Friday he received a mailgram, dated April II, 1980 from Mr. Roger Dick who is the developer of Trafford Pine Estates. lie said that Mr. Dick has indicated that he has been threatened with the "turn-offlt of his electricity on April 17, 1980 if he did not pay his electric bill; the problem lies in the fact that said electricity is used for the operation of the package sewage treatment plant nt the Trnfford Pine Estates. Mr. Norman said that Mr, Dick has indicated that he has exhausted all his resources and, because he has been unable to collect monies due for sewer services furnished because of Inmokalee Utflities Corp.'s failure to flJ1fill their terns of a contract with Mr. Dick regarding the collection of said sewer bills, he is requesting that the County assist him financially and subsidize the operation of the subject treatment plant. Mr. Nor~~n stated that the reason Mr. Dick believes he can call on the County to aid him financially is because in 1971 the FmHA financed improvements for the Trafford Pine Estates and, at that time, the BCC adopted a Resolution whereby Collier County would guarantee the continued operation of the SUbject plant. r~r, Norman stated that the County has been in similar situations with Mr. Dick and, after discussing the matter with the Health Dept., the DER, and the FmIlA. has discovered th...t Mr. Dick is calling on the County to subsidize the operation of the plant according to the Resolution adopted in January of 1971. He said that he referred the matter to Mr. Pickworth, the County Attorney, and he has addressed the matter and formed a legal opinion as well as conveying same via letter to Mr. Dick, dated 4/14/80. Conmissioner Wenzel asked Mr. Pickworth if the County was to sub- sidize the operation of the plant, could the County put a lien on the property and, thereby, have a recourse for collection of the monies spent for the operation of the plant? Mr. Pickworth said that the County would probably have to sue Mr. Dick for the monies spent in order to retrieve any costs incurred. Mr. Pickworth stated that the position he assumes regarding this matter and as set forth in his letter to Mr. Dick, is that he does not agree with the i nterpreta t i on of the word "guarantee". He sa i d that the ,-, ,.. -,- - .. i____... : ._J Apri \ 1;'J1980 County is not in the bonding or the insurance business, and that the County does not guarantee anything in that manner, regardless of what the FmHA says. He stated that the County does not have the power to do so; and, the matter of fact is that the situation is a result of the lack of r I I I ! diligence regarding the management on the part of both Mr. Dick, and the Immokalee Util ities' Board. He stated that the Immokalee Util Hies Corp. has refused, for years, to uphold their commitment to "do the bill ing" regarding the subject sewage treatment; as a result, Mr. Dick does not collect monies for his treatment operations. . Mr. Norman stated that as a result of the problem regarding the same matter last January, the Immokalee Utilities Corp. did agree to begin billinq for current accounts; however, Mr. Dick claims he has never received some $10.000 in past bills. Mr. Norman added that part of the agreement Mr. Dick has with Inmokalee Utilities stipulates that Immokalee Utilities wfll enforce "non-payment" of these bills with a "shut-off" of water service, which Immokalec Utilities does not feel they have the legal right to do, Upon being asked for what advice Mr. Pickworth is offering the Board, by Chairman Wenzel, Mr, Pickworth stated that he advises the Board to take the position that it is not the County's responsibility to subsidize the plant operation for Mr. Dick and, that if litigation ensues, he requests the authorization to take whatever legal steps are necessary on behalf of the County's interest, to protect Collier County. He concluded that it is his opinion that the responsible party is the Immokalee Water and Sewer District Board. Conrnissioner Wimer moved to authorize Mr. Pickworth to take any necessary steps to protect the County in regards to the subject matter as outlined in Mr. Pickworth's recommendation. Commissioner Pistor seconded the motion and it carried unanimously 5/0. * * * RECESS: 10:00 A.M. - 10:08 A.M, * * * RESOLUTION NO. 80-83 RE PETITION PU-80-IC FOR PROVISIONAL USE, BETHEL A.M.E, CHURCH, TRACT 97, UNIT 29, GOLDEN GATE ESTATES - ADOPTED SUBJECT TO STIPULATIONS - PETITIONERS AGREEMENT TO STIPULATIONS - ACCEPTED Planner Anna Zarzecki presented Petition PU-80-IC and explained that it is a petition for a provisional use (1) of the "E" Estates as requested by the Bethel A.M.E, Church for a church building to be ... BOO~ 052 PAGE' 576 - - - ---- nlUfI !I> I I ,.~, -'--. BOO~ 052 PAGE 5TI - April ]5, 1980 A located on Golden Gate Parkway between 64th Street S.W. and 66th Street S,W. She said the property is made up of 2 1/4 acres of land and is situated on the north side of Golden Gate Parkway. Ms, Zarzecki stated that the petition has been reviewed by all the concerned County agencies in their areas and has been approved with the following stipulations: 1. WMM - Detafled site drainage plans be submitted to the County Engineer prior to the start of construction. 2, HEALTH OEPT, - Public Water required. 3. ENFD - Must comply with fire codes and hydrants. Ms, Zarzecki stated that the staff has reviewed the sUbject petition and recommended approval subject to the fol lowing additional stipulations as follows: 1, Any expansion of builJing or parking areas requires site plan approval, 2, All signs must be approved by the Zoning Director. 3, The PU shall expire one year after date of approval, unless construction has commenced. Ms. Zarzecki stated that the CAPC held their public hearing on April 3. ]380 and recommended forwarding the subject petition with a recommendatiun for approval subject to one additional stipulation as fa 11 ows: 1. Site plan altered to show one egress point onto the Parkway. Commissioner Archer stated that he has received a petition with approximately 90 signatures opposed to the subject Petition. He said that the petition is signed by residents of Unit 29, Golden Gate Estates, and that the opposing residents object to the CAPC recommending approval; that they absolutely oppose the construction of a church by the Bethel A.M.E. Church; and request denial of Petition PU-80-1C for the sake of the residents in the area. (Petition on file with the Clerk.) ConTnunity Development Administrator Terry Virta stated that he was pre~ent at the CAPC meeting, and offered to answer any questions that the members of the Board may have. Commissioner Archer asked 1.It'. Virta to explain the various zoning changes that have taken place of the subject property from the original zoning to this point in time. Mr, Virta stated that he is not familiar with the historical changes, rather he is only familiar with the present zoning and that the subject property is zoned "E" Estates. Commissioner Archer stated that he believes that originally the land was residential, ,-, ~ -i ..J .=..1 April 15, 1980 subsequently changed later to conmercial, and then back again to "E" Estates. lie stated that in light of the problems that have been incurred In the area of the subject property regarding provisional uses and non-conforming uses such as the Mini Mall, the Skating Rink, etc., he thinks that by allowing the continual approval for ~rovisiona1 uses in the area, at the numbers accumulated in the past that are concentrated around the subject property, the County is deteriorating the "residential use~ in fav~r of conversion towards a "conmercial" area. Mr, Virt.a explained that t.he Mall and the Skating Rink are non- conforming uses allower under prior zoning, and do not fall into the same category of provisional use as d0es the proposed church. There was some discussion regarding the many provisional uses and non-conforming uses that are located in the vicinity of the proposed church, during which COITJnissioner Archer asked if the approval of all the many such type of buildings was not, in effect, changing the area to a conlllercial area, Mr. Virta replied negatively, stating again that the church would be a provisional use, and not a conmercia1 venture, as is the case of most of the other buildings coverd during the discussion, Com- missioner Archer asked if it is the intention of the CAPC to convert the entire strip of the parkway, relative to the area of the proposed church, . into a single strip of conmercial ventures. Mr. Virta explained that the stJff Jnd the CAPC leak Jt the c~itcriJ that a provisional use has to meet, according to the present Zoning Ordinance, and that the proposed facility meets the criteria; he said that if there is a problem with the over abundance of this type of use in the subject area, then, there is a problem with the Ordinance as it is written. He pointed out that the staff and the CAPC is "fixed focused" as to how to determine whether or not to l't"conmend approval, based upon the Zoninrj Ol-dinance. In response to Commissioner Archer, Mr. Virta said that he docs not feel anyone could deny the fact that the County is allowing an ahundance of provisional uses for other than residential purposes in this specific area, through a lack of discretion in the Zoning Ordinance and, thereby, leaning away from the originally intended and planned residen.tial use of the area. He said BOO~ 052 PACE 578 F- i .--~._--_._---~- , - .'. . ,.' _...'~~ '_."~'''-'.q. .. ... I - - ( ...... BOOK 052jAGE57.9 ^rril 15, 1980 the direction being leaned towards might be better described as "institu- tiona1" use rather than "commercial" as Commissioner Archer has called it. He said that it is his opinio/l that .no one could deny that the character of the area has been altered through the abundance of these tyre of uses. CommisJioner Archer rec,llled s~veral instances where the Board has been directed to look into tip, Ordinance regarding the County allowing several types of the provisio",ll uses in one area, and Mr. Virta said he was /lot aware of this directi,"] bJt concurred that it should be looked into, lie s,lid that he, perso"".,ly, is concerned with the ahundance of provisional uses in the area but that does not alter the fact that the !' I I I , criteria of the present Zonin~ Ordinance has been met. There was some discussion regarding c~rtain stipulations that were made by the Hea 1 th Oepa rtmen t for the need for pub li c wa ter, and the ENFD for conforming to the fin' code and for hydrants. Commissioner Wimer asked if these type of stipulations have been placed on ot~er prp- visional uses, specifically, other churches in the area. Mr. Norman stated that he cannot see how they Cilll be met in 1 ight of the fact that there is no existing Wolter supply from which the proposed site of the church could be hooked up to in order to Llcilitate either drinking water or fire hydrants. Mr, Pickworth stated that stalf should be directed to investigate the matter and if the mentioned stipulations were illipasec, and could not be met. and there were building pl~nnits issued to other P,U.'s then, he wants to know why, Dr, Crew was din'cted to investigate the matter at this time, and while awaiting his answer, Roger Simmons, representing the subject Church addressed the Board. Mr. S irrrnons s ta ted tha t the proposed site for a church is centrally located for the members of the Church; appropriate sites are hard to acquire and that this specific site meets all the requirements for the Church's needs, He said that he hopes the BCC rules favorably regarding their provisional use request; ,lnd that whatever the requirements are for adequa te fi re prevent ion measun's, the Church wil 1 be gl ad to mee t them. Mr. Si';llllons added that if the opposition to the provisional use for a church is based on the fact that the congregation is black, and therefore will be "degrading the neighborhood" as he felt was the reason, then he I '--l I,;' ..... L~_'::"'l L '] J April 15, 1980 hopes the members of the Board act favorably today, as he is black, but he reminded the Board that he has served God, his country, and his fellow man in every way a man can, and he added that he is proud to say that the members of his church are about to celebrate the 193rd birthday anniversary of the Church and is not representative of any "fly-by-night" organ; zat.ion. In answer to the questions of the members of the Board re9arding other provisional uses and their respective stipulations for construction, Mr. Pick\~orth noted that when the Mental H('alth Clinic was approved, there was no stiplllat~on from the Health Dopartment regarding public water; how- ever, there was a more planned use for this kind of a building than the proposed church building. lie said that what probably happened, is that the Heal th Department lIses this as a sort of "shorthand" tYPl! of stipulation because the Fire and Health Departments stipulation for the Mental Health Clinic are long, and very clearly spelled out, rather than one line stipulations. Mr, Norman suggested that in the future, the Community Development Administrator be required to be more specific regarding the stipulations, Ms. Zarzecki stated that "publ ic water" does not refer to County water, sewage treatment systems, etc.; rather, it refers to having a certain quality of water available from whatever source. Mr. Barksdale stated that it is his understanding that if the water is to supply more than 25 people, then it must meet the State Dept. of Health codes for quality, safety, etc. Dr. Crew, Planning Director, stated that the fire hydrant stipulation does not necessarily mean that fire hydrants must be connected to water mains; as an example, there could be another source of water storage on the site that would satisfy the requirement, and Chief Billman of the East Naples Fire Department has said that he will ~e glad to meet with the petitioner, and discuss exactly what they must have in order to comply, lie said that in his research, he has discovered that the "public water" requirement is applicable to all provisional uses, and is therefore standard procedure, although as in the case of the fire hydrant stipulation, has more than one way of being satisfied. The following people spoke in opposition to the Petition: 1. Mrs. Dorothy Johnson, 2870 66th Street S.W. 2, Mr, Robert W. Johnson, 2870 66th Street S.w. 3. Mrs. Robert Ryder, 3050 66th Street S.W. BOOK 052 PACE 580 ,- . ..- ----.;. &00:< OS? PACE 581 April 15, 1980 The aforementioned three speakers stated that they were representing the resirlents of Unit 29, Golden Gate Estates. The following people spoke in favor of the Petition: 1. Anne Mae Perry, 712 Yarberry Lane 2. Rev, Edward Wilson, 1514 148th Avenue, Tampa, Florida 3. Wi 111e Anthony, 559 14th Street N. Upon hearing all the registered speakers, and after a brief dis- cuss ion regarding the questioned stipulations, Commissioner Wimer moved, , i! seconded by Commissioner Brown and carried 3/2 to approve the provisional use and to arlopt Resolution No. 80-33 re Petition PU-80-1C, subject to staff stipulations as filed by the Bethel A.M.E. Church. There was some confusion as to what the vote was and Chairman Wenzel called for a roll call vote; the following is the results of same as cat.ted by Deputy Clerk Hall: Conrnissioner Wimer............Aye Conrnissioner Brown........... .Aye Conrnissioner Pistor.......... .No Conrnissioner Archer. ..........No Chairman Wenzel...............Aye Petitioner's agreement to stipulations was accepted for the record. * * * * * * * Il ..:..-__~.~",=~~-:oo r ---j _I f . _::'..:J April 15, 1980 RESOLUTIO~ NO. 80-84 RE PETITION SNR-80-1-C, MR. CHARLES L. AUER, REQUESTING A STREET NAME APPROVAL FOR LOPEZ LANE, LOCATED I~ SECTION 36, T53S, R29E, SMALLWOOD'S SUBDIVISION. CHOKOLOSKEE ISLAND - ADOPTED Commissioner Wimer moved, seconded by Commissioner Archer and carried unanimously 5/0, that Resolution No: 80-84 re Petition SNR-80-1-C filed by Mr. Charles L. Auer, for a street name approval for Lopez Lane, located in Section 36, T53S, R29E. Smallwood's Subdivision. Chokoloskee Island be adopted. * * * ... * * * * BOQK 052 PAGE 588 ...... ~- ..--- ~ - - "',,", , . . 1=1 . I__J I - J April 15, 1980 RESOLUTION NO. 80-85 RE PETITION SNR-80-2-C, REQUESTING STREEr NAME APPROVALS FOR STREETS LOCATED IN NAPLES ESTATES, SECTION 17, T50S, R26E - ADOPTED Commissioner Archer moved, seconded by Commissioner Pistor end carried unanimously, that Resolution No. 80-85 re Petition SI~R-80-2-C, as filed by Nnples Estates be ado~ted, approving the fnllowing street names that are located in Naples Estates, Section 17, T505, R25E: West Nettlewood Lane East NettlewQod Lane West Haplewood Lane East Maplewood Lane West KnotwooJ Lane East Knotwood Lane North Amsterdam Boulevard West Jewelwood Lane East Jewelwood Lane West Ivywood Lane East Ivywood Lane West Hollywood Lane East Hollywood Lane * * * * * * * BOaK 052 PAGE 592 I ... .- .,.~ ".4;' ----.---,.---.---.---..-- I.__I !.__~J t. ___..1 April 15, 1980 ~ \ I. I , I ! ANNUAL AGREEMENTS FOR TITLE SEARCH AND CLOSING AGENT SERVICES RE ROAD IMPROVEMENT PROGRAM/RIGHT-OF-WAY ACQUISITION WITH GULF TITLE INSURANCE AGENCY, INC, & HOMEOWNERS TITLE COMPANY - APPROVED FOR CHAIRr~^N'S SIG- NATURE - COUNTY ENGINEER AUTHORIZED TO OBTAIN SERVICES OF SAME FIRMS Commissioner Wimer moved, seconded by Commissioner Archer and carried unanimously 5/0, that the staff recommendations be arproved as indicated within the Executive Summary regarding the Annual Agreements for title search and closing agent services re road improvement programs in Collier County and the acquisition of the required rights-of-way for same, including the approval of presented proposed agreements, title search requiremr>nts, relatrrl forms, closin!] a!]ent bonds; and, also authorizing the County Engineer to obtain services of the recommended firms, Title Insurance Agency, Inc. and Homeowners Title Company when needed; ilnd, that the Chairman be author'ized to sign said agreements. r J * * * * * * BOOK. 052 PACE 596 ....' , '* ... . '''''.....-.---. 1/'" f ..._____..4...._~ __ MD.\( 052 -f'A~ ill.? ARESOLUTION NO. 80-86 AUTHORIZING THE EXECUTION OF A MASTER TRAFFIC SIGNAL AGREEMENT BETWEEN THE DOT AND THE COUNTY - ADOPTED, CHAIRMAN AUTHORIZED TO SIGN SAID AGREEMENT , I I I April 15, 1980 Corrmissioner Wimer moved, second.ed by Corrmissioner Arc,'er and cdnied unanimously that Resolution No. 80-86 authorizing the t.1<.:::ution of a Master Traffic Signal Agreement between the D.O.T. and Collier Coun ty as recorrrnended by the Co un ty Engi neer with i n the Execu t i 'Ie Swmlary, be adopted and that the Chairman be authorized to sign tho subject Agreement. . * * * , * * * '/ I I I I * '1 I" C1 '_h__", t I I I I f h i' f 'i II f' I" .1" !;! " n. .j. ~, )< II: 'j:! , ", ~ 1,1 t; Ii r ,~ Ii 1 : I r 1 t ". C_~j l'._~ April ] 5, 1980 SOIL INVESTIGATION ~:ORK TO BE AWARDED TO SOUTHWEST SOILS TESTING LABORATORY RE EAST NAPLES SEWER SERVICE AREA B; COST AUTHORIZED FOR NOT MORE THAT $17,500; COMMENCEMENT OF INVESTIGATION APPROVED Mr. Berzon, Utilities Director, stated that the Ccnsul{ants for the East Naples Service Area B are involved with the detailed plan preparation at this time and they are requesting that the soil investi- gative work be authorized. He said that the Consultants did solicit bids via telephone inquiries, and the lowest bid was from Southwest Soils Testing Laboratory, and that the consultant is further requesting appro':,ll to engage said firm for the soil testing in the amolmt of not more than $17,500. Regarding the necessity for the subject investigative work, Mr. Serzon stated that same is required In order to allow for accurate bids from the various firms for construction of the subject project, as they will know exactly what type of soil s they ~lill encounter and can bid accordingly, There w~s some discussion regarding where the $17,500 is to come from, during which Fiscal Officer Harold Hall stated that as it stands, thl s wi 11 be a temporary advance from the General Fund, and the County would expect that before the end of the year there will be a finance plan developed that will show the terms for repayment of s.Jid monies. In answer to Corrmissloner Archer, Mr. Berzon stated. that payment COuld r.ct be mJ.dc bJc!~ to the General Fund until such time n~ r,()n!;t.rlJc- tlon of the project has begun, or monies are borrowed against It. He stated that the authority has been given for borrowing money for this particular project. Commissioner Archer referred to a situation the County faced in the past wi th the North Naples Sewer District and related problems dealing with borrowing funds from the General Fund, and he asked if this would be a compardble situation, Messrs. Hall and Berzon both answered negatively. ~lr, Hall stated that al though the exact "dollars" are not "pinned down", a program has been developed and a general plan outlined for the subject funds, and that this is not 1 ike the situation mentioned by Conrnissloner Archer, Mr. Pickworth stated that a M,S.T. has been set up for this project and these problems will not be incurred. Ile " said the County will get one third of the money this year, and one , third of it will be paid each year thereafter. BOOK 052 PACE 622 - - ';L.;~ .::~,.,~<j,:- .-..'-.'-.'. ~ '. "'~~('1~,~t.0':,1 ,i'I", -, "'. ',':,'/ . ".~, >' .... ....... MOX 052 PACE 623 April 15, 1980 .... Mr, Berzon clarified the matter by stating that to be specific, the first advance does come from t~e General Fund; and the General Fund will be repaid from the MST taxes collected in the coming yrar, Mr. Holl stated at the end of this Fiscal Year, the County will know exactly what "dollar amounts" are being considered and exactly how many "dollars" wi 11 be paid back fur each of the years. Commissioner Wimer asked "h', Berzon if the progress of the East Naples project is slow; or, is it moving ahead at an aggressive pace? Mr, Smallwood, Consultant for the project, stated that the project is moving at a normal pace. He said that all aspects of the final design will be finalized by September or October. Commissioner Wimer expressed his feeling that perhaps it would be advisable to move ahead and let out bids as soon as possible, especially in view of the economy today, and Mr. Berzon stated that bid letting for the project is not feasible until the first of next year. Upon Mr, Smallwood giving an outline of the proposed stages of the subject project and some discussion regarding various stages of the same, Conmissioner Wimr moved to approve the recommendations of the Consul ting Engineer as covered earl ier by r1r. Berzon. COlTVTlissioner Brown seconded the motion and it carried unanimously 5/0. AGREEMENT WITH MR. & MRS. HELMUT HITTINGER RE USE OF TRAVEL TRAILER ON 2175 WILSON BOULEVARD AS A TEMPORARY RESIDENCE FOR 90 DAYS, WHILE CONSTRUCT !fiG A PEKMANENT HOME - APPROVED Mr. Helmut Hittinger, 2175 Wilson Boulevard, addressed the Board with a petition for approval of the use of a travel trailer as a temporary residence at the indicated address while he and his wife supervise the construction of his permanent home. H~ stated that the reason he wishes to do so is for security purposes, and was doing so when the Zoning Department notified him same was against the Zoning Ordinance and he is requesting permission to continue to stay in the travel trailer for approximately 90 days time, which will be sufficient time to complete his pe rma ne n t home. There was some discussion regarding the fact that some Board members thought that this type of temporary use was permissable, during which Mr. Norman stated that there were no provisions for this in the residential I -. . Cl r ./ ~ I 1 "~ ,"T~':.\~~:':I t I f:;,;' ;' j' ;"'i,.t' "",. ;,;\~liAi(ril!~:q:~J:~~_ il!'d~""';;;/",,~.!k,~ (-'-1 C;8 r~:~l April 15, 1980 districts within the Zoning Ordinance. County Attorney Pickworth stated that if the Board allows the petitioner to do as he is requesting they would be setting a dangerous precedent. After a brief discussion regarding the need to protect ones home from vandalism du.ing construction and several alternative time limits being s~ggested, Commissioner Archer moved, seconded by Commissioner Wimer and carried 4/1. that staff prepare the proper agreement that would al10w the petitioner to remain in his travel trailer, for the period of 90 days, for the purpose of safeguarding his home while it is being con- structed. Commissioner Pistor voted in opposition to the motion. STAFF DJ:, ,r~D TO STUDY THE USE OF TRAILERS FOR TEI~PORARY RESIDENCES ON THE SlTEr__.Q.~STRUCTION or A HOME IN REMOTE AREAS IN THE COUNTY Pursuant t.o the hearing of the Public Petition regarding the tem- porary use of trailers for housing on the site of construction of a home, and the subsequent Board action, the staff was directed by Chairman Wenzel to look into the matter of making some provisions whereby same use would be allowable in remote areas of the County where vandalism is so widespread. He asked ~Iat the results of this study be brought back to the Board at a latp.r date for consideration. STATUS REPORT RE WILLOUGHBY ACRES WATER/SEWER IMPROVEMENT; CONCEPT OF TYPE OF LOAN EXPLAINED BY UTILITY DIRECTOR RE REDUCING INTERIM FINANC- ING APPROVED; AGRW1ENT AUTIIORIZED UPON APPROVAL OF TERMS BY FMHA, COUNTY ATTORNEY, UTILITY DIRECTOR, FISCAL OFFICER, & FINANCIAL CONSULTANT Utility Director Berzon stated he was notified on April 10, 1980, that the bond validation has been finalized for the Willoughby Acres Water/Sewer Improvements. He reported that when he prepared the Executive Summary, he was in hopes that a loan of up to $2,850,000 could be obtained from a commercial lending institution and that same monies could have been "put out on loan" so as to reduce the interim financing cost through arbitrage; however, this plan has been somewhat hampered by the FmHA, who recently notified him that they were not in favor of this type of arrangement. He said that what he is asking the Board for today is to decide whether or not they wish to approve this type of commercial loan for the aformentioned sum of money if the FmHA would be agreeable, and subject to aoax 052 fACE 624 ... V..,s~.- v.... ,t I I 1: I - -- <~ -.;. , '.:..,df~k\.,:,"'\.t.,;-; ~ODl{ 052 rm 625 April 15, 1980 A approval by the County Attorney, Utility Director, Fiscal Officer and the project Financial Consultant, or would the Board prefer to wait and see what the final decision from the FmHA is going to be regarding this matter before taking action. t{r. Ber:oll stated that in the event that the FmHA does not approve of the aforementioned type of loan arrangement, then the County wili be faced with having to go to the "direct drali" type of methodology from the FmHA regarding the financing. He stated that no final word has been forthcoming at this point in time from the FmHA. Aft.p.r il brief discussion ilmong the Board members, Commissioner Wimer moved, seconded by Commissioner Pistor and carried unanimously, 5/0, to approve the concept cf the type of loan that the Utility Director has previously explained for the purpose of reducing the interim financing for the Willoughby Acres Water/Sewer Project and that said agreement be approved subject to FmHA approval and the terms of said agreement being unanimously approved by the County Attorney, the Util ity Director, the Fiscal Officer and the project Financial Consultant. STATUS REPORT RE COUNTY WATER SUPPLY, TREATMENT AND DISTRIBUTION SYSTEM PRESENTED BY CONSULTANT SMALLWOOD: WORKSHOP SCHEDULED RE ALTERNATIVE FINANCING FOR SAID PROJECT ON APRIL 22, 1980 Consultant Ted Smallwood, of CH2M Hill, presented the status report regarding anticipated timetable, present status, and proposed sites for various components of the County Water Supply, Treatment, and Distribution system. He covered the various aspects of the subject system and the relative plans for the $19,000,000 stage of development for same, pointing out various stages of said project on two overhead drawings and maps. Mr. Smallwood brought the Board up to date regarding developments relative to the Capri System acquisition; the fact that the working schedule for the entire County system is going according to the anticipated ability of the City to 'accept the County's lines, as defined in the County/City Agreement re same; and, Mr. Smallwood pointed out the proposed Regional System boundaries, various existing systems and well fields that will be incorporated in the Regional system, proposed treatment, pumping and re-pumping facilities and the proposed core plant, well field and major transmission facilities for the project. Messrs. Berzon and Smallwood covered the alternatives for financing the various stages of the proposed system; the effects that the various alternatives will have on both the present and the future "users" of the ,--- 1:":1 r--j L':~j .' J. [- - . -). --' April 15, 1980 subject system; and, the recommendation to approve the concept of using a combination of assessments and revenue bonds for the financing of same. In answer to Commi5si,~ner Hilr.er. Mr. Smallwood explained that regarding assessments, the method that will be used will include the assessment of some Vilcant lands, in the anticipation of future use of the subject system and said assessments will be based on the projected density of certain lands according to the Comprehensive Plan. He said that after determining the ar.ticipated density, each property will be pro-rated on that density, and then the assessment will be reduced by the time that will elapse prior to development. Pursuant to various points of view being expressed regarding this and other formulas for the financing. Chairman Wenzel noted that it is his feeling that this matter should be discussed thoroughly, and that prior to making any conceptual decisions regarding the financing of the subject project he wishes it to be ~orkshopped. It was the consensus of the members of the Board that the ~)tter be workshopped next Tuesday afternoon, April 22, 1980. PAYMENT OF ROUTINE BILLS - APPROVED Commissioner Archer moved, thoc the routine bills be aprroved for payment as witnessed by the following checks i~$ued. from April 9, 1980 through April 15, 1980. ~ilmp having been processed following established procedures, with funds available: ACCOUNT CHECK NOS. 6692 - 6967 10562 - nOll County Checks BCC Payroll Commissioner Pistor seconded the motion which carried with a 4/1 vote, Chairman Wenzel voted in opposition and stated that he is opposed to the payment of the Consul tant' 5 fees re the Rate Increase Petition by Waste ~lanagement, Inc, Fiscal Officer Harold Hi\ll sta ted that the subsidy claim regarding American Ambulance for tre period ending March 31, 1980 will be taken care of in conjunction with the audits that the Board previously approved, and therefore. there is no further business within the Clerk's Report to come before the Board today. Ma:< 052 PACE 626 ....c 00'):' 052 rm 627 I ...' April 15, 1980 COUNTY TO JOIN U. S. BREWERS ASSOCIATION IN "PITCIi-IN-POSITIVE LITTER REDUCTION" PROGRAM Commissioner Wimer, ha"ing as:':'ed for time on today's agenda for the consideration of a County 0'~"lance re "bottle-return" program within the County, stated that he has been contacted by a representative of the U. S, Drewers Association regarding their "Pitch-In-Positive Litter Program", and that he wishes to defer the consideration of said Ordinance in favor of a voluntary program aimed at alleviating the pro~l@ms within the County with litter from non-returnable bottles, cans. and the tops from cans. He stated that if the end result Is accomplished through a joint effort on the part of the industry and that of the citizens of the County then. he will go along with this program rather than establishing a County Ordinance; however, he realized that the answer will not lie on the County level alone, rather, it will take a joint effort on the part of the City as well. Mr. John Amick, representing the U. S. Brewers Association spoke on the aforementioned program that this Association is backing, and concurred ~ti th Commissioner Wimer that the cooperation of the City of Naples is important to the success of said program. He stated that his Association is appreciative of Commissioner Wimer's intent, and that they will do whatever they can to aid in attaining the same "end" as intended by Com- missioner Wimer'. He said that the "ecological" tops for cans are available and tne inoivin~al wnncsalcrs nave conracrea tneir brewer suppliers on an inoiviouai oasis our ne cannot lIkli(l-' dllY fJrvlllis~s. n~ sdi<.i rll~ wuula review the situation and report back to the Board within a reason~ble time frame. Mr. Stachiw, 2611 Estey Avenue, spoke in opposition to a voluntary progt'am and supported the need for a mandatory law, that would el iminate all non-returnable bottles and cans of soda, etc. from being sold in Collier' County. He citeu the same type of legislation adopted state-wide in Michigan and stated that there Is little problem with litter in this state, as all the bottles and cans are picked up as soon as someone dr'ops them and returned to the stores for the deposit. He referred to this type of legislation as an "incentive" towards anti-littering and urged the Con.nissioners to adopt such an Ordinance. -I _....:.__..J _r-' 1 , 1._-." . --........ [---. ... -. ~,.... -~ . .-- - , T -------~-":,.;.~-----~._.-. " I h' ( J April ! J. 1980 L _ __1 ~I There was some discussion regarding the fact that there are presently laws on the books that prohibit littering, and that one contributing factor to the littering problem lS the lack of prosecution for offenders of these l<:ws. Commissioner Wimer ended the discussi0n by saying that he is still willing to d(>fer any action pending the outcome of a voluntary program towards anti-l ittering in Coll ier County, along with the "industry". * Chairman Wenzel left the meeting - Time: 12:02; Vice Chairman Archer brought up the next order of business and Commissioner Brown's motion to adjourn the meeting until after lunch and reconvene at 1:30 P.M. died for lack of a second. PLANNER TOM McDANIEL AUTHORIZED TO PREPARE ELECTION PRECINCT BLOCK MAPS FOR BUREAU OF CENSUS Administrative Aide to the Board Mary Morgan stated that Elections Supervisor Edna Santa has requested that Planner Tom McDaniel be authorized to prepare the Election Precinct Blocks Maps for the Bureau of Census. COlIJnissioner Wimer so moved, seconded by Commissioner Pistor and carried 4/0, with Chairman Wenzel absent, CERTIFICATE OF COr~RECTION TO TAX ROLLS AUTHORIZED FOR CHAIRMAN'S SIGNATURE AS PRESENTED BY THE PROPERTY APPRAISER Commissioner Wimer moved, seconded by Commissi0~er Pistor and carried unanimously 4/0, with Chairman Wenzel absent, that the following Certificate for Correction on the Tax Rolls be approved and that the Chairman be authorized to sign same: 1979 Tangible Personal Property No, Dated 1979-171 4/8/80 MR. REED COLE~V\N'S RESIGNATION FROI~ ISLE OF CAPRI FIRE CONTROL ADVISORY BOARD ACCEPTED; MR, THEODORE ZALEWSKI APPOINTED IN SAID VACANCY Pursuant to Administrative Aide to the Board Mary Morgan reporting that the lsle of Capri Fire Control District has been notified of the resignation of Mr. Reed Coleman, and has voted to recommend the balance of Mr. Coleman's term be given fo ~\r. Theodore Zalewski, 403 Granada Avenue. Isle of Capri, Conmissioner Wi~er moved seconded by Commissioner Pistor and carried unanimously 4/0, with Chairman Wenzel absent, to accept .- the resignation of Mr. Reed Coleman from the Isle of Capri Fire Control p,n.'( nS? ',__ ~')O ..._--~.::~~ aoox Q52 I'm 629 ~. April 15, 1980 Advisory Board. Commissioner Pistor mo~ed. seconded by Commissioner Wimer and carried unanimously 4/\:. '.:::, Chairman Wenzel absent, that Mr. Theodore Zalewski be appointed in said vacancy for the balance of the term left open due to the resignatio~ of Mr. Coleman. TAX COLLECTOR AUTHORIZED TO ISSUE DUPLICATE TAX SALE CERTIFICATES NOS. 3128, 6351, AND 7210. Commissioner Pistor moved, seconded by COIT~n(ssioner Wimer and carried unanimously 4/0, with Chairman Wenzel absent, that the Tax Collector be authorized to issue Quplicate Tax Sale Certificates Nos. 3128, 6351, and 7210, as the originals have been lost or destroyed. * * J I * * * * * * '" 1- "', ,---', .\ - --~ .....J.:. .,"\ BOOK 052 rAGE 633 ~ April 15, 1980 RESOLUTION NO. 80-87 CALLING ON LEGISLATURE TO ADOPT A LICENSING LAW FOR PSYCHOLOGISTS IN FLORIDA - ADOPTED Pursuant to ~ r~c~mmp~rlation from R. W. Masterson, Ph.D., regarding the need to adopt a Resolution urging the Legislature to adopt a law that will re~uire the licensing of PSYChologists in Florida to be certified by the State, in a letter dated 4/9/80, Commissioner Wimer moved, seconded by Commissioner ~rown and carried unanimously 4/0, with Chairman Wenzel absent, that Resolution No. 80-87 calling on Legislature to adopt such a law regarding licensing for psychologists in Florida be adopted. * * * * * * * * * * * I~-' ,-', 1 \ . I , I I I j . BOOK 052 PAGE 635 ~ DISCUSSION REGARDING ADOPTION OF BUDGETS FOR THE COUNTY RELATED TO "DOUBLE-TAXATION" MATTERS SCHEDULED FOR WORKSHOP SESSION 4/29/80 April IS, 1980 Pursuant to Fiscal Officer'Harold Hall stating that the Clerk's office feels that the Lounty has adhered to the Statutes regarding the preparation of the new Fiscal Year's budget, and that if any problems arise they will be brought to the Board's attention. Commissioner Archer stated that he would 1 i~e to see the matter workshopped thoroughly. Con~issioner Pistor stated that he feels it is a concern of the Board's that needs attention and that is the reason for directing the ~iemorcndum of April 10, 19iJO t.o Chairman Wenzel. Following a brief discussion regardin9 the best time for said workshop session between the County Attorney and the Clerk, it was decided that April 29, 1980 would be appropriate and Vice Chairman Archer directed that a workshop be scheduled for same date. INTERLOCAL AGREEMENT TO BE DRAFTED BY THE COUNTY ENGINEER BETWEEN COLLIER A~D LEE COUNTIES AND THE DOT RE PROBLEM WITH CORKSCREW ROAD Vice-Chairman Archer directed the County Engineer to draft an "Interlocal Agreement" between Lee and Collier Counties and the Derart- nll'nt of Transportation regarding the problems occurring on Corkscrew Road as described and recommended by Commissioner Brown. He stated that same Agreement shall be brought back to the Board for consideration and final action. FISCAL OFFICER TO RECOMMEND APPROPRIATE PLACE FOR STORAGE OF SENATE DAILY LOGS AS SUBNlTTED BY SENATOR SCOTT Pursuant to Fiscal Officer Hall stating that the Clerk's office is not the optimum place for storage of the Senate Daily Logs that Senator Scott has stated he will furnish the County for staff and public review, and that he recommends that same be filed in the Law Library, Vice-Chairman Archer directed Nr. Hall to study the matter of finding the best storage facilities and report back to the Board for a decision. Mr. Pickworth stated that the Law Library is very crowded. Mr. Hall agreed to study the matter and report back to the Board with a recommended storage area. I 1'-1 ( -. --- ;.... ,"",",S,' L__I > , I, .J l..__~' J April 15, 1980 LAKE TRAFFORD MEMORIAL GARDENS DEED NO. 214 - ACCEPTED FOR RECORDATION Pursuant to a(~ion of the Board January 10, 1978 wherein the Chairman was authorized to sign various deeds to lake Tra fford Memoria 1 Gardens Cemetery lots as the need arl ses, the following Deed No. 214 was recorded and filed for the record. * .. * * I .,t * I , , ! j , * * * * * * 800K 052 PACE 636 ",,\ ...