BCC Minutes 06/17/1980 R
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Naples, Florida, June 17, 1980
LET IT BE RE'~H1BERED, 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" af the Courthouse Complex with the fOllowing
members present:
CHAIRMAN: Clifford Wenzel
VICE-CHAIRNAN: Thomas Archer
John A. Pistor
C.R. "Russ" Wimer
Dc'lvid C. Brown
ALSO PRESENT: William J. Reagan, Clerk' Harold L. Hall, Chief
Deputy Clerk/Fiscal Officer; Jean Swindle and Darlene Davidson (1:30
P.M.;, Deputy Clerks; C. William Norman, County Manager; Donald Pick-
worth, County Attorney; Gene Willett, Administrative Assistant to the
County Manager; Terry Virta, Community Development Administrator; Danny
Crew, Planning Director; Anne Hora, Personnel Director; Clifford Barksdale,
Public Works Administrator/County Engineer; Mary Morgan, Administrative Aide
to the Aoard; John Wal kf'r, Assistant County Manager; and Raymond Barnett.
Deputy Chief, Sheriff's Department.
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16. MISCELLANEOUS CORRESPONDENCE
17. .~EW BUSINESS
lB. PUBLIC PETITIONS
19. RECESS
~IORKSHOP AGENDA
(1 :30 p.m.)
A. School Board's proposed ordinance mandating developers to
dedicate land for schools.
20. ADJOURN
AGENDA APP~OVEO WITH ADO IT IONS
Commissioner Pistcr moved, seconded by Commissioner Wimer, that the
agenda be approved as p~esented with the additions noted in italics.
County Attorney Pickworth requested that authorization to advertise
revisions to the County Manager ordinance be added to the agenda. Also,
the County Attorney said he would like to report to the Board on the
union that is attempting to organize the County employees.
Commissioner Pistor amended his motion to include the Attorney's
requests and that the revised ordinance be workshopped on July 8, 1980.
Commissioner Wimer agreed to the amended motioll and upon call for the
Question the motion carried unanimously.
MINUTES OF ~IAY 6,1980 WORKSHOP - AMENOED. MINUTES OF MAY 20 AND MAY 27,1980-
APPROVED AS PRESENTED
Commissioner Pistor moved, seconded by Commissioner Archer and carried
unanimously, that Page 213, second paragraph, third line, ?f the workshop
minutes of May 6, 1980 be amended to read "...approximately $1.85 per front
foot per year'.'.
Commissioner Pistor moved, seconded by Commissioner Archer and carried
unanimously, that the minutes of May 20 and 27, 1980 be approved as presented.
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Jun" 17, 1980
PETITION R-80-16-C, WHISPERING PINES REQUESTING REZONING FROM "R~I-2"
"Rr'I-2ST", "RM-1", "RM-IST" TO GC-GOlF COURSE AND GC-ST SPECIAL TREAT-
MENT FOR PROPERTY LOCATED IN SECTIONS 11, 14 & 25, T50S, R25E WHICH IS
LOCATED BETWEEN KELLY ROAO AND THE CITY LIMITS FOR PROPERTY KNOWN AS
FISHERMAN'S COVE - PETITION CONTINUED, WITH DIRECTIONS, UNTIL AUGUST 19, 1980
Legal notice having been published in the Naples Daily News on
May 16, 1980, as evidenced by Affidavit of Publication filed with the
Clerk, public hearing was held tQ consider Petition R-BO-16-C filed by
Whispering fines requesting rezoning from "RM-2", "RM-2ST", "RM-1" and
"RM-IST" to Ge, - Golf Course and GC-ST Special Treatment for property
located in Sections 11, 14 & 23, f50S, R25E which is located between
Kelly Road and the City limits for property known as Fisherman's Cove.
Planner Lee Layne identified the subject area on a display map and
stated the PetitiJner proposes to develop the property as a gQlf course.
Ms. Layne g~ve the background of the petition, saying it had been filed
last year and recommended for approval by all advisory boards. It was
scheduled to be heard by the ace on October 30, 1979 but was co~tinued to
November 27, 1979 and then to January 8, 1980. On January 8, 1980, the
Petitioner requested his petition be withdrawn and the Board accepted
his withd ra~la I .
On r~arch 5, 1980, the Petitioner sent a letter to the Board requesting
that his petition be reinstated. On March 11, 1980, the Board reinstated
Petition R-79-10e (Old Petition) subject to advertising fees; and set a
publ ic hearing fOI' April 22, 1980.
On April 22, 1980, there was discussion by citizens in the audience who
felt the petition should go tllrough the entire process again. On April 29,
1980 the Board directed that Fisherman's Cove be reheard by all the advisory
boards and readvertised for public hearing before the Board for June 17, 1980.
The petition has been reconsidered by all County agencies and recommenda-
tions are as follows:
1. Traliic Planner - Approval subject to:
A. Four lane entrance west from Kelly Road to intersection
with first internal street.
B. Deceleration and left turn storage lanes on Kelly Road.
C. Developer, his heirs or assigns to pay capital costs of
installing a traffic signal at such time as the County
Engineer deems it necessary. Thereafter, signal will be
owned, operated and maintained by the County.
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June 17, 1980
2. EAC - Approval subject to the following:
A. "ST" overlay be retained on the golf course.
B. Removal of brazilian pepper ~nd me1aleuca.
C. Assurance of the preservation of 100 acre mangrove area.
D. All "ST" arei'S must be clearly flagged prior to start of
any construction.
E. Buildings be restricted to 3 habitable floors.
F. Maintain natural vegetation.
3. School Board - No Objection
4. ENFD - Comply with fire codes and hydrants.
5. Health - No Objection
6. WMAB - The WMAB voted to delay a decision for approval or denial
until such time as:
A. Groundwater nutrient information becomes available.
B. Submittal of specific data showing boundaries
separating project from wetlands.
C. Submittal of more detailed information regarding
sewage treatment.
The original recommendation from the ~1AB was approval
subject to a detailed water management plan to be
submitted to and approved by the WMAB prior to start of
any construction on the site.
7. Planrling - Golf course must be platted in accordance with the
County Subdivision Regulations.
The C/\PC held their Publ ic Hearing on .June 5, 1980. There was
considerable discussion from the audience concerning the pollution of
Naples Bay, nutrients into the Bay, sewage treatment, possible flooding
of adjacent properties, point discharge into Naples Bay. The Petitioner
pointed out that this was the same plan as originally submitted ~ith no
cha nges.
There was discussion concerning density of the project. The project
density within the County only is 2.3 units per acre while the project
density for both the City and County is 1.8 units per acre.
CAPC recommended forwarding Petition R-80-16C (New Petition) to the
Board for approval subject to staff's stipulations with the following
additional stipulations:
A. Prior to start of any construction, the petitioner must satisfy
the W~IAB's concerns; and the concerns of flOOding to adjacent
properties and point discharge into Naples Bay must be satisfied
with the WHAB.
B. Sewage treatr.lent plant will handle the entire project and
connect to a municipal system when it becomes available.
The recommendation for approval was 4/2 with Messrs. Walter and Keyes
dissenting.
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June 17, 1980
Commissioner Pistor voiced his concern over recommendations coming
from thf' advisory boards which contain delt'yed decisions and "strings
attached". He cit.}d the case in point, Fisherman's Cove, and the WMAB's
stipulations that are, by content, vague regarding information about
the drainage system and nutrients into Naples Bay which would result in
the Goard making a decision that could possibly carry a denial by the Wr~G.
Discussion followed with Planner Lee Layne stating that each petition
must go before every advisory board and then their recommendations are
forwJrded to the BCC but, in this case, the WMAB has delayed making
a decision until they have received more information in the areas stipulated.
Commissioner Pistor stated the petitioner has a rough idea of what he will
do to try and accomplish the drainage requirement~ and if these concepts
had been properly presented to the WMAB, they could have accepted them or
made their reco~nendations more specific.
Mr. Lloyd Sheehan, developer, pointed out the subject area on the
display map and identified the approximately 500 acres of land that will be
involved and stated that approximately 100 acres, on Naples Bay, will be
left in the natllral mangrove state. Mr. Sheehan said the project extends
from Haldeman Creek on the nQrth; on the east - one small portion fronts
on Kelly Road with the balance abutting subdivisions that front on
Kelly Road; on the south - Jackson Gateway harbor and Eagle Acres and
on the west - Naples city limits. There have been reserved 100 acres
of uplands upon which there will be a multi-family development; 55 acres
of lakes will be constructed for water retention; the golf course will
encircle the whole piece of property and, Mr. Sheehan continued, he has
had extensive research done regarding the area under discussion today
for not only the County's requirements but for his own satisfaction.
At the very beginning. Mr. Merrihue of the Collier County Conservancy
and its members. had indicated agreement with the proposed project but
later there seems to have been a split in their opinion and Mr. Sheehan
stated he was not sure where they stand on the issue today. There is
tQ be a golf cart path, of a certain height, surrounding the entire area
~hich will r~t~in fr~sh ~~t~r within the development while keeping out
June 17, 19&0
the salt water and acting as a retention and drainage area. The sewage
plant will be located at the farthest possible point from the water,
i;1 e'.'ery instance, and will be constructed on that land that is approxi-
mately 5 feet in elevation. I~r. Sheehan cited a sewage plant located in
an adjacent mobile home park, as an example, and said he understands that
the plant is working to everyone's satisfaction. The sewage plant for
the proposed project would bp. done under the direction and approval of the
environmental agencies and it has been agreed to have a non-interested
party come in and periodically check the plant for proper and efficient
operation. Concluding, Mr. Sheehan stated he has done everything he could
do prior to getting the requested zoning and anything that is done in
the future will have to be subject to getting "the zoning" either now or
in the relatively near future. At this time, he introduced Mr. Mike
Stephen of Coastal Engineering, Inc. who is an engineer on the project.
Mr. Stephen stated he wanted to present information that Is pertinent
to the potential problems/concerns that have been expressed regarding the
project. He said that as Ms. Layne has previously stated, the proposed
project hds gone through complicated reviews and has been recommended for
approval, with stipulations, by all the agencies except WMAB and he thought
the confusion resulted from the previous WI1AB recommendation which stated
that all ti;eir concerns be addressed on the master site plan and then
they would review their concerns and make their final decision at the
time of the master site plan apprQval. Mr. Stephen identified the master
site plan as being the final engineering document that is required before
any construction permits are issued and said that nothing can be done
unti I such pennits are allowed.
He then addressed the various concerns that have been voiced as
follows:
Density: It has been said that the project area is extremely
sensitive and cannQt sustain the proposed development. Mr. Stephen
stated that the proposed density is very low - just slightly over 2
per acre - and even though it is presently zoned much higher, there
is evidence to indicate that the pollutants generated by more density
and without the golf course, would be more severe on the natural
system than would the present plan with the lesser denSity and the
golf course.
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June 1/, l~Uu
Concluding, Mr. Stephen stated he had addressed all the voiced concerns
and/or proposed problems and would be happy to answer any questions.
Discussion followed which included the lack of graphics that would
f ndi ca te "the bull doz i ng I ine" on the di spl ay map; Commi ss10ner Pi stor' s
quoting from the Subdivision Regulations as they relate to the subject
property and the elevations to be employed; the proposed drainage system
and its purported efficiency; the fact that the plan before the Board is
conceptual ra~her than an exact plan; Planner Lee Layne's statement that
the golf course, itself, will have to come back to meet the Subdivision
Regulations at which time a master plan of the course will have to be
filed; the zoning request being for only the golf course so that. a PUD
was not reconmenrted nor required; the Conservanr.y's attitude toward the
proposed project; the constrllction of monitoring wells on the subject
site; the use of one on-site temporary sewage treatment plant that will
be of a size to accommodate the entire project and a general review of
the project in every area.
Chairman Wenzel, at this time, opened the hearing for publ ic partici-
pation and the follQwing people sPQke regarding the petitition:
Mr. Baird McLain - 2565 Tarpon Road, Naples - spoke in Qpposition
and submi tted a petitiQn of approximately 100 names of those persons
that al so object. In addition, Mr. McLain qUQted Mr. Bruce Simpson,
Dr. (harles H. Stokes, The Naples Star, Naples Council of Property
Owners representing the Naples Civic AssociatiJn, Mr. Bernie Yokel,
the Conservancy; the WMAB; the CAPC that either voiced concern and/or
opPQsed the project.
Mr. Arnold Lamm - 1601 Galleon, Naples - spoke in opposition and sub-
mitted a petition of apprOXimately 100 names that also object to the
project. Mr. Lanvn submitted for the record copies of all background
material that was used in his presentation.
Ms. Mary Lanvn - 1601 Galleon Drive, Naples - spoke in opposition.
Mr. M.S. Garwood - 2595 Tarpon Road - spoke in opposition.
Mr. David J. Lawless - 294 4th Avenue, South - sPQke in favor Qf the
project and reviewed the project parcel in every area, saying he had
first-hand knowledge of it as he has owned the adjoining land for
years. He submitted the prQject would be a great improvement to the
area.
Mr. Arndt ~lueller -579 7th Avenue, North, Naples - spoke in opposition
and reaffirmed what Mr. Lamm and Mr. McLain had said.
('ls. Barbara McLain - 2565 Tarpon Road - spoke in opposition.
Mr. Lance Hooks - 4165 North Road, Naples - spoke in favor of the
project, saying such a development would promote pride and a better
economy in the East Naples area.
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June 17. 1980
Mr. Bernie Yokel - Collier County Conservancy - gave a brief history
of the Conservancy's position regarding the petition and reaffirmed
the four areas where there is ~oncern by the Conservancy and the
WMAB:
1. Nutrients
2. Wetlands t,'at maybe intruded upon and the health of
remaining wetlands
3. Sewage
4. Potential for a point surce discharge
lie again requested more information concerning all four points and
stated he would continue to cooperate with the petitioner in order
that an informed opinion may be forthcoming.
Mr. Ulrich Thiesen - owner of Moorhead Manor Mobile Home Park - spoke
in fAvor of the project with the stipulation that the developer meet
the requests of the cQnservatives as voiced at today's meeting.
Mr. Carl ton Fenlason - 4150 Kelly Road, Naples - spoke in favor of
the project.
F0110win9 all presentations and discussion, Commissioner Pistor moved,
seconded by Commissioner Brown and carried unanimously, that Petition R-80-16-C
filed by Whispering Pines for the project known as Fisherman's Cove, be con-
tinued until August 19. 1980 with the stipulation that the petitioner work
closely with Mr. Bernie Yokel and the Conservancy to resolve the ecology
questions that have ar~sen; submit the resulting report to the WMAB for
their consideration which, in turn, will be presented to the Board at
the meeting of August 19, 1980.
Mr. Sheehan concurred as did Mr. Yokel.
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RECESS from 11:20 A.M. to 11:30 A.M.
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PUBLIC SAFETY ADMINISTRATOR HAFNER DIRECTEO TO WORK FOR SOLUTION OF THE
!M~10KALEE Ar~BULANCE SIT'JATION - REPORT TO BCC AS SOON AS POSSIBLE
Mr. Stan Wrisley, a resident of Immokalee and representing 484
residents of the area, stated he was not interested in taking the County
charter away from American Ambulance nor was he interested in getting
another ambulance service for Collier County but he and those he
represents are interested in having ambulance service in Immokalee that
is sufficient to serve the community. Mr. Wrisley explained that he did
not think it sufficient ambulance service when the patient (heart, diabeties,
etc.) is put into an ambulance, driven 15 miles out of town - stopped _
then transferred to another vehicle before proceeding to the hospital. He
also pointed out that there is a procedure in Immokalee which dictates
that the patient be taken to the Immokalee Health Clinic prior to any
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June 17, 1YClU
transfer to a hospital. Even though there is only one private doctor
in practice in the Immokalee area, Mr. Wrisley stated most of the residents
have their own doctor, either in Fort Myers or Naples, and would prefer
to go directly for the necessary consultation with the physician of their
own choosing rather than be processed through the Immokalee Health Clinic.
There was discussion regarding the Zippo Ambulance Service "going out
of bus i ness"; the amount of exempt ions that the agricultural community
enjoys in relation to their tax base of 18~ mills; Chairman Wenzel 's
statement that the Immokalee area pays $433,000 in taxes and receives
$6,600,000 worth of services which has been verified by Fiscal Officer
Hall; County Manager Norman's reporting that the Board has directed Staff
to recommend a s0lution to the prQblems mentioned by Mr. Wrisley and
because such problems ~re difficult, work is still being done to resolve
them; the projected cost of adding one ambulance and related services to
fnlnokalee being between $80,000 and $100,000; the Board's previous request
that Staff prepare a draft of a complet EMS plan for the entire County;
the revital ization of the EMS Council; and the possibility that the County
could be sued should scn~ tragedy occur during the transfer of a patient
between ambulance vehicles, as is now being done.
Publ ic Safety Administrator Tom Hafner reviewed the background of the
ambulance se;-vice in 1l1lnokalee and agreed that some of the situations
mentioned by Mr. Wrisley are entirely possible. Mr. Hafner explained why
the transfer method is employed during the delivery of a patient to the
hospital, saying the ambulance, itself, must, out of necessity, return to
the Immokalee area to stand in readiness for an unexpected emergency. The
second ambulance that is deployed to the area is manned by an EMT and can
respond to those calls that are tern~d "an ambulance run and no transport"
only. f1r. Hafner stated he had spoken to a large group of people in
Imokalee last week and feels that the County is well on the road to solving
the ambulance problems in lnIllokalee - i.e. the proposed Emergency t1edical
Plan that is being discussed with the fire departments and American Ambulance
and the reinstatement of the Emergency Medical Service Council that is well
on its way. He concluded his remarks by saying it is his opinion that the
LacLiv; u5eu in inrnokaiee now, to avoid any serious mishaps, are the only
viable alternative at this point.
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June 17, 1980
Commissioner Brown requested that the proposition of another ambulance,
fully staffed, for the Immokalee area and one for the Marco Island ~rea,
be addressed before the budget hearings are in session, stating this is
a situation that must be resolved promptly.
COUNTY ATTORNEY DIRECTED TO REVIEW PROPOSED "BOAT DOCK" ORDINANCE REGARDING
CO~~ERCIAL USE OF DOCKS AND THE BOARD'S JURISDICTION OF SAME
Mr. Joe Leadabrand of 167 E. Hilo Street, Isles of Capri and repre-
senting the Isles of Capri Civic Association, read a prepared petition which
voiced concern over a proposed marina (Williams Capri Marina) that will
involve the con~truction of docks and related pilings extending approxi-
mately 150 feet into Snook Bay, a small bay adjacent to lots on the Isles
of Capri. The petition stated that the members of the association believe
"that the effect of the proposed construction will be to impede boat
traffic through the waters of the Bay; to impair the use of the Bay for
rccrcationJl and commercial purposes and to interfere with the use of
other upland properties, not owned by the marina developer and not zoned
for marine use". ~r. Leadabrand requested that the Board adopt an ordinance
which will give the Board jurisdiction over the length and location of boat
docks extending into adjacent waters where such docks are to be used in
connection with a commercial operation, such as a marina. He concluded
his rem~rks by stating that perhaps this could be an extension of the
eJard's jurisdiction over boat docks and their residential uses as is now
being proposed in a revised County ordinance.
Chairman Wenzel requested that County Attorney Pickworth review the
proposed "boat dock" ordinance and determin if the inclusion of "commercial
use" of ~oat docks should be made.
GUN PERMIT NO. 80-9 IN THE NAME OF WILLIAM SMITH, JR. - APPROVED
Following Administrative Assistant to the County Nanager Gene
Willett's presentation of the request by William Smith, Jr. for d concealed
gun permit, there was discussion regarding Mr. Smith's qualifying situation
of making routine deposits with a local bank from the downtown Naples
restaurant he owns and manages; a letter from Simmonds Security Agency
which supports Mr. Smith's contention that there is no escort service
available to him during the hours he requires it; and Mr. Willett's report
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June 17 I 19BO
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even though escort services are not available, armored car services
are, which would allow Mr. Smith to meet the requirements of Ordinance
78-15. For this reason, the County Manager's office has no alternative
bu t to recommend dPr>i a I of the request made by Mr. Sm1th for a concea led
pistol permit.
Chairman Wenzel and Commissioner Pistor conrnented that the service
desired by ~lr. Smith was not available according to their inquiries and
it is possible that, during the season, the monies for deposit may exceed
$3.000. Conrnissioner Pistor mQved, seconded by Commissioner Archer and
carried 4/1. with r.ommissioner Wimer dissenting, that the issuance of
Gun Permit No. 80-9 to Mr. William Smith, Jr., be approved.
REQUEST BY ATTORNEY JOHN PASS!DOMO, REPRESENTING NAPLES BRIDGE CLUB, FOR
RECONSIDERATICN OF DECISION TO DENY PROVISIONAL USE FOR NEW FACILITY ON
~OLDEN GATE PARKWAY -JONTINUED UNTIL JULY 8, 19BO
Prior to Attorney Passidomo making his pres~ntation on behalf of the
Naples Bridge Club, CQmmissiQner Archer requested that the hearing be
continued until such time that a requested report from Staff concerning the
redistricting of the area is submitted to the Board. This request was
set aside until Attorney Passidomo, as representative of the Naples Bridge
Club, made the following points regarding the denial, without hearing, of
his client's petition for provisional use by the Board of County Commis-
sioners at their meeting of May 20, 1980:
1. The Board of CQunty Commissioners made no findings of fact bearing
on the question of the effect of the proposed provisiQnal use and
there ~as no 5ubstantial competent evidence to support a conclusion
that public interest would be adversely affected by granting the
provisional use.
2. In considering a petition for provisional use, the Board sits in
an administrative or quasi-judicial capacity, rather than a
legislative one, and in that capacity can legally base its
decision only on criteria set forth in the applicable ordinance.
3. In accordance with the principles of due process, a hearing of the
proponents and opponents of the petition for provisional use is
essential and all interested parties should have been given full
and fair opportunity to express their views.
4. The decision of the Board was unreasonable, capricious and
arbitrary and, in light of the Board's recent approval of
similar petitions for provisional use, denied his client equal
protection under the laws.
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June 17. 1980
County Attorney Pickworth spoke on behalf of the Board, stating
that he could not disagree with Mr. Passidomo's remarks concerning the
applicable law as he, himself, has stated, in the past, the need for the
Board to ~ase its decision on facts; however, from his recollections,
Mr. Pickworth was not sure that the petitioner had met all the applicable
standards required in the ordinance as there is an overriding standard
in the ordiance and the law concerning provisional uses - i.e. public
interest cannot be adversely affected. As well as he could remember,
Mr. Pickworth stated that the question of public interest had been dis-
cussed during the meeting and the fact that, through a succession of pro-
visional us~s, the character of Golden Gate Parkway is bein potentially
changed. He said it was never intended, when the provisional use pro-
visions were put in the ordinance, to use such provisions a~ a vehicle
to effect a rezoning of an entire area. It was his opinion, that the
granting of other provisional uses does not mandate that the Board must
grant this particular provisional use request. Additionally, County
Attorney Pickwortn stated there has been some discussion of rezoning
Golden Gate Parkway to accommodate the reality of the zoning that is
now being employed.
Ch~irman ',.Jenzel commented that this matter has been referred to Staff
for report i1nd recoITlllendation and Community Development Administl'ator
Terry Virta reaffirmed these directions, saying their initial findings
will be discussed with the CAPC, then with the Board.
Upon Chairman Wenzel's suggestion that the hearing be continued
until such a report could re submitted, Attorney Passidomo stated he
did not have the luxury of time, to which County Attorney Pickworth
agreed, explaining the petitioner has only 30 days from the time of the
actiQn to bring a lawsuit or "be knocked out of court". It was the con-
sensus of the Board that the petition be set for a rehearing in order
that the time element could be accommodated.
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Later in the afternoon, Commissioner Pistor moved, seconded ~y
Commissioner Archer and carried 4/0, with Commissioner Wimer absent, that
the provisional use petition filed by Naples Bridge Club, be scheduled
for a rehearing on July 8, 1980 as recommended by County Attorney
I'ickworth.
PETITION CCCL-80-1-C, WAFAA ASSAAO, OF WMBS&P REQUESTING A VARIANCE
FROM THE COASTAL CONSTRUCTION CONTROL LINE RE NAPLES CAY - CONTINUED
1]_ 7/29/80
Legal notice having been published in the Naples Daily News on
June 1, 1980, as evidenced by Affidavit of Publ ication filed with the
Clerk, the public hearing for consideration of Petition CCCL-80-1-C,
filed by Wafaa Assaad of Wilson, Miller, Barton, SoIl & Peek requesting
a variance from the coastal construction control line for property
located in Section 16, T49S, R25E, known as Naples Cay, was continued
to July 29, 1980, by a motion made by Commissioner Archer. seconded
by Commissioner Pistor and carried unanimously 4/0, with Commissioner
Wi mer absent.
PETITrON R-80-9-C, WArM ASSAAD FOR WI1BS&P, REPRESENTING JOHN PULLING,
DAVID JONES, AND ROIlERT IlENSOII, REQUESTING REZONING FROM "RM-2" TO
"RI'I-2GH" ON PROPERTY KNOWN AS NAPLES CAY - CONTINUED TO 7/29/80
Legal notice having been published in the Naples Daily News on
May 16, 1980, as evidenced by Affidavit of Publication filed with the
Clerk, the public hearing to consider Petition R-80-9-C, riled by Wafaa
Assaad, of Wilson, Miller Barton, SolI & Peek, representing John Pulling,
I)uvid Jones, and RQbert Ilensor:, requesting a rezoning from "RM-2" to
"R~1-2GH" for property located in Section 16. T49S, R25E, known as Naples
Cay, was continued to 7/29/80 by a motion made by Commissioner Archer,
seconded by Commissioner Pistor and carried unanimously 4/0, with
Comnissioner Wimer absent.
RESOLUTION NO. 80-116 RE PETITION CCCL-BO-4-C GRANTING A VARIANCE FROM
TilE COASTAL CONSTRUCTION CONTROL LINE FOR STATE OF FLORIDA AT WIGGINS
PASS PARK - ADOPTED - APPLICATION FEE WAIVED
Legal notice having been published in the Naples Daily News on
June 9, 1980, as evidenced by Affidavit of Publication filed with the
Clerk, public hearing was opened to consider Petition CCCL-80-4-C, filed
by Stanley Hole & Associates, Inc., representing the State of Florida,
requesting the granting of a variance from the coastal construction control
line for property located at Wiggins Pass State Park.
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June 17, 19BO
Planning Director Danny Crew explained that Petition CCCL-BO-4-C
is a sort of companion petition to two earlier petitions filed for the State
as part of their construction of recreational facilities at Wfggins Pass
State Park. He said that the earlier petitions were approved; that variances
were granted; and, that the State is now requesting the County to consider
this petition on an emergency basis so that they may complete construction
at the park.
Mr. Crew said that the State is building boardwalks and bathhouses
over the vegetation area at the park; that the staff recommends approval
of this petition, especially since the boardwalks will provide protection
to the dunes and the vegetation.
Hearing that there were no registered speakers to address the subject.
Commissioner Archer moved, seconded by Commissioner Pistor and carried
4/0, with Commissioner Wimer absent, that the public hearing be closed.
Commissioner Archer moved, seconded by Commissioner Brown and carried
4/0, with Commissioner Wimer absent, that Resolution No. 80-116 granting a
variance to the coastal construction control line as requested in Petition
CCCL-80-4-C, filed by Stanley Hole & Assoc. for property at Wiggins Pass
State Park, owned by the State of Florida, be adopted and that the
application fee be waive&.
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MDX 053 PAGE 008
June 17, 1980
RESOLUTION NO. 80-117 RE PETITION FDPO-BO-V-9 GRANTING A VARIANCE FROM
TilE MINIMUM BASE FLOOD ELEVATION REQUIRED UNDER THE FDPO NO. 79-62
AS REQUESTED BY ROBERT AND ROSE B. PROVOST FOR PROPERTY LOCATED ON LOT
45, PALM RIVER SHORES - ADOPTED.
Legal notice h~ving been published in the Naples Daily News on
June 1, 1980, as evidenced by Affidavit of Publication filed with the
Clerk, public hearing was opened to consider Petition FDPO-BD-V-9, as
filed by Robert and Rose B. Provost, requesting approval of a iance
from the minimum base flood elevation required by the Flood Damage
Prevention Ordinance No. 79-62, for property located on Lot 45,
Palm Riv~r Shores.
Planner Tom McDaniel explained that Petition FDPO-80-V-9 has been
filed by the ProvQsts so that they may build a single family home in
Palm Ri':~l' Shores, just south of the Pewter Mug Restaurant; they are asking
for a variance of 2.66 ft.; and, that the properties contiguous to the
subject lot are at grade level, with homes built both on the east and west
sides of the Provost property. He noted that Nrs. Provost has a medical
problem (confirmed by a doctor) that will be aggravated by use of stairs,
and the requested variance will eliminate the need for stairs up to
their residence. He concluded by stating that the staff recommendation
is for approval of the subject variance.
Comm;ssicner Pistor raised some questions regarding the possible
problems with floodinG if the variance were to be granted and Mr. McDaniel
answered thet although it is true that the subject variance will allow
for an elevation that will be below the criteria for 18 inches above the
crown of US 41. it will result in an elevation that meets the 18 inch
criteria in relation to the subdivision street, Shores Avenue, on which
the proposed residence will be built. He also said that the proposed
residence will be higher than the two contiguous homes, lying on the east
and west of the subject property.
Commissioner Pistor moved to close the public hearing. The motion was
seconded by Commissioner Archer and carried unanimously 4/0, with Commissioner
Wimer absent.
Commissioner Archer moved, seconded by Commissioner Pistor and carried
UllCtllilllVusly 4;0, with Conm;ss;oner Wimer absent, that Resolution No. 80-117,
granting a variance from the minimum base flood elevation required under
FDPQ No. 79-62. as requested by Robert and Rose B. Provost for property
lnc~tl"rl M I.ot ~5. P,11m River Shor"s. he adopted.
June 17. 1980
ORDINf,NCE NO. 80-53, AMENDING ORDINANCE 7B-67 BY AMENDIIlG BOUNDARIES OF
JHE PELICAN BAY LIGHTING MUNICIPAL SERVICE TAXING DISTRICT - ADOPTED
Legal notice having been J:ub11sheci 'in the lIap1es Daily News on
May 29, 1980 as evidenced by Affidavit of Publication filed with the Clerk,
public hearing was opened to consider amending Ordinance 78-67 by amending
the boundaries of the Pelican Bay Lighting Municipal Service Taxing Uistrict.
Tracy Bolesky, Attorney for the Pelican Bay Improvement District,
stated that what is being asked of the County is pursuant tQ the agreement
with the District entered into with the County on l1arch 6, 1979. He
said that Pelican Bay Improvement District wishes to amend Ordinance 78-67
to include Unit II in Pelican Bay, and to strike out the two-page legal
description and replace same with an appropriate legal description of the
boundaries of the Pelican Bay Lighting Municipal Service Taxing District.
Hearing that there were no registered speakers to address the subject,
Commissioner Brown moved, seconded by Commissioner Pistor and carried
unanimously 4/0. \~i th Commissioner Wimer absent, that the publ ic hearing
be closed.
Corrmissioner Bro~m moved, seconded by CQrrmissioner Archer and carried
unanimously 4/0, with Corrrnissioner Wimer absent, that the Ordinance as
numbered and er.titled below be adopted and entered into Ordinance
Book Nr.. 11.
ORDINANCE NO. 80-~
AN ORDINMCE AMENDING SECTION TWO OF ORDINANCE NO.
78-67 TO Al'lEND THE BOUNDARIES OF TilE PELICAN BAY
LIGHTING MUNICIPAL SERVICE '.:'!l.XING DISTRICT; BY
ADDING THAT CERTAIN RECORDED SUBDIVISION KNOt-n~
AS PELICAN BAY UNIT II EXCEPT FOR PARCELS "11".
"N" AND "0"; PROVIDING FOR AN EFFECTIVE DAT}~.
RESOLUTION r:o. 80-118 VACATING PORTION OF 31ST AVE. S.W. AND 52ND
LANE, UNIT 7, GDLDEN GATE, REQUESTED BY THE ARCHDIOCESE OF MIMlI _
ADOPTED
Legal n0tice having been published in the Naples Daily News on
May 30, 1980 as evidenced by Affidavit of Publication filed with the
Clerk, public hearing was opened to consider the request from Reverend
Thomas J. Goggin, representing the Archdiocese of Miami, for the
vacation of 31st. Avenue, S.W., bound on the north by Block 241 and
on the south by Blocks 235 and 236; and, the northerly portion of 52nd.
n/:"'~ ""''''
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~OOK
UbJ PACE fj~l
June 17., 1980
,
L~ne, S.W., bound on the west by Block 235, on the east by Block 236
and on the south by 31st. Place, S.W., all located in Golden Gate, Unit 7.
County Engineer Clifford Barksdale stated that the subject request
for the vacation of the above-referenced streets, is to allow for the
joining of the lots to be used for one building site. He added that the
County has received all the letters of "No Objection" from the utility
companics; that there will be no affect on the drainage of the water in
the arca; and, that the Water Management Advisory Board has recommended
approval of the sUbject petition.
U[lon hearing that there were two registered speakers, Chairman Wenzel
asked Reverend Powell and Dr. Neno Spagna, if they wished to add anything
to what Mr. Barrsdale has said. Both gentlemen declined, and Commissioner
Pistor moved to close the public hearing. Commissioner Brown seconded the
motion which carried unanimously 4/0, with Commissioner Wimer absent.
Commissioner Archer moved, seconded by Commissioner Pistor and
carried unanimously 4/0, with Commissioner Wimer absent, that Resolution
No. 80-118, vacating those portions of 31st Ave., S.W., and 52nd. Lane,
S.W., all located in Unit 7, Golden Gate, as described above, be adopted.
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Junr. J./,
RESOLUTION 80-119 RE PETITION CCCL-80-3L GRANTING A VARIANCE FROM THE
COASTAL CONSTRUCTION CONTROL LINE RE THE ADMIRALTY HOUSE & TRADEWINDS
ON MARCO ISLAND - ADOPTED AS AMENDED BY STAFF
Legal notice having been published ~n the Naples Daily News on
May 30, 1~80, as evidenced by Affidavit of Publication filed with the
Clerk, public hearing was opened to consider Petition CCCL-80-3-C, filed
hy Coastal Engineering Consultants, Inc. requesting a variance from the
coastal construction control line for the construction of seawall stabiliza-
t ion.
Planner Danny Crew stated that the subject Petition is requesting
a variance to stabilize existing seawalls that are eroding at the Admiralty
House and the Tradewinds condominiums on Marco Island.
Mr. Crew pointed out that the subsequent Resolution which is to be
adopt~rl in the event that the Board elects to approve the requested
variance, is different than the draft that was circulated within the
Executive Summary. He explained that the original draft included a clause
whereby the developers were to have borne the cost, at a pro-rated share,
ora ueach n~~ Lur'd L iun IH'uyralll, shaul d such a program be undertaken by the
County or other duly authorized agency. He said that certain stipulations
attached to the issuance of building permits for the petitioners, related
to the aforementioned clause, have been deleted in the present Resolution,
on advice of the County's legal counsel. Mr. Crew explained that he has
learned from the County Attorney that staff does not have the power to
impose such a requirement of the petitioner, according to the existing
zoning Ordinance.
Mr. Crew circulated photographs of the existing seawalls, to the
Board and same were entered into the record.
Chairman Wenzel asked for and received from Mr. Crew confirmation
that the seawalls at the subject site were already in existence, and that
the petitio~er is trying to stabilize existing seawalls. Commissioner
Pistor asked if the petitioner has agreed to construct a sidewalk on the
top of the seawa 11, and I~r. Crew answered affi nnately. When Commi ss i oner
Pistor asked about the maintenance of the seawall sidewalks, County
Manager Norman suggested that the final Resolution should include the
verbage that designates the responsibility for perpetual maintenance
more c'early.
&OOK 053 I'ACE 624
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June 17, 19BO
BOOK
053 PACE 625
For clarity, Mr. Crew read aloud the new paragraph two(2) of the
subject Resolution and added that the proper verbl'lge regarding perpetual
care will be added, as recommpnded bv Mr. Norman.
Chairman Wenzel ~aid that he feels the petitioners are attemoting
to rectify or imorove on a mistake. referrino to the seawalls that are
prc!ently huilt. He asked the registered sneakers if thev were in favor of
or opoosed to the placement of the riprap revetments on the seward side
of the seawa 11 s 1
Mr. Michael Stephen, of Coastal Engineering, representing the
petitioners, spoke in favor of tne granting of the subject variance. He
explained that his firm designed the proposed project and is responsible
for the propos~d solution to the active state of rotational failure that
the seawi111s are presently in. He said that the walls are the site of wa\'e
reflection; waves strike, then, run back off the shore; this increases the
erosion. He said that the revetment will decrease the sand by-pas:.;ing, and
thus, reduce the erosion; will provide better stabilization for the seawall
and the shorel ine at the site; and, that this is the most effective sollltion
to the problem.
~lr. Stephen referred to the photographs ci rcula ted among the merrbers
of the Goard, and said that they show that the revetment, adjacent to the
subject site, has created a rise in the surface of the beach slope and an
extension of that revetment should also raise the beach up in front of the
subject condominiums.
Continuing, Mr. St~phen said- that a walkway has been incorporated,
just landward of the existing seawall, that will be available for the
public to traverse the properties. Also, the onl, concern that the
petitioners have are related to those two paragraphs alluded to earlier by
Danny Crew, and that they wish to have them deleted from the subject
Resolution. Mr. Crew assured him that same has been taken care of.
Cha irman Wenzel said that since the staff is recommending the approval
of the variance; the petitioners agree to the language within the subject
Ordinance and are asking for the variance; he sees no need for the remaining
registered speakers to address the issue unless they are opposed to the
variance. County Mnnager 'NQrman asked them if they were again$t or in
favor of the variance and reported that all were in favor of the project.
I
June 17. 1980
Mr. Norman said that he has noticed that the design that was part of the
petition does not show the walkway, and Hr. Crew stated that they were
not required to do so until the permits are applied for. Mr. Stephen did
have a set of design drawings that depicts the walkways. and offered them to
be entered into the record. Chairman Wenzel suggested that they be
given to the planning staff, and same was done by Mr. Stephen.
Planner Danny Crew asked for a few moments to speak and was granted
same. He addressed the general problem on Marco Island, regarding the
beaches; erosion; and seawalls. He said that since 1972. when the
subject seawalls were built, the beaches have eroded landward some 50
ft. He said that ~taff is concerned and feel that this problem will have
to be addressed; that there seems to be no escaping the fact that someday
all rf Marco ~ill be surrounded by solid seawall; and this is based on
the constant condition of erosion of the beaches. He suggested that the
Board take a long look at this problem and meet to discuss same, in the
near future. He said a second concern is his feeling that the Board should
consider strengthening the existing Ordinance, so that staff can set some
specific conditions for the improvement of any type of structure placed
seward of the coastal construction control line. He referred to his earlier
point regarding the Attorney's opinion that staff has no authority to
impose any type of restrictions, conditions or stipulations on persons
applying for a variance. He urged the Board to look at this matter and
consider what he has said.
Commissioner Pistor asked Mr. Crew if he has found that the erQsion
is less where two(2) foot seawalls were constructed than where five(S)
foot seawalls exist? He said that he sees no beach ere ;~on in front of
the public beach or where seawalls have not been applied for yet.
Mr. Crew said that he is not a "Coastal Engineer", and he does
not have the answers to this question. He said that he does know that
it is a complicated prOblem, and that these are the type of questions
that need investigation and that the Board needs to address before the
Board continues to allow these type of structures.
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Commissioner Wimer entered the meeting - Time: 1:47 P.M.
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P;d~~ 053 P~r.F 62R
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Jun~ J.I, 1 ~bU
M~ 053 rAtE 627
Commissioner Wimer apologized for entering the meeting late,
explaining that he had run into a problem with his automobile during
lunch recess. Staff members brought Commissioner Wimer up to date
regarding the subject petition being considered. including the changes
that both Messrs. Crew and Norman have explained relative to the most
recent draft of the relative Resolution to be adopted in the event
that the Board votes favorably on Petition CCCL-80-3-C.
When Commissioner Wimer asked Mr. Crew for staff's recommendation,
Planner Crew stated that the Community Development Division recommends
approval as stated in the relative Ordinance, and that, as the Zoning
Ordinance is written at this time. there is only one phrase giving the
Board that power to disapprove the variance. He read the following:
"If said structure and adjOining and contiguous structures
Ii~ve been unduly affected by erosion"
He said that if that finding effect had been the case, then, the
Boal-d could turn down the request. Commissioner Wimer asked Mr. Crew
if he found this to be the case, and Mr. Crew said that relating to
the above referenced passage, such is not the case, as far as his
expertise allows for such a decision. He explained to Commissioner Wimer
that Planning staff does not have the expertise to decide whether the
,ubject structures ar'e "unduly" "affected", or more to the point, to
what degree they have been affected by erosion. He added that neither do
they have the expertise to determine to what degree they contribute to
erosion, reiterating that a coastal engineer would have to answer these
questions.
Mr. Stephen said that the photographs document that there is defi-
nitely erosion being caused by the seawall; that it is a documented fact,
based on numerous wave tank studies and field research completed by a
variety of coastal investigators, that wave-reflection off a seawall
increases the ability of a wave to move sand; thus, the beach profile is
lowered in front Qf the wall. Mr. Stephen said that seawalls do contribute
to erosion; the revetments, which will allow the waves to break more
gently and decrease the sand flow, will contribute to accretion and a
,
,
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June 17, 19BO
raising of the offshore profile.
There was some discussion regarding the rods within the seawall
apparently being sheared; the dangerous conditions of the seawalls in
their present state; and the pros and cons of revetment versus removal of
seawalls. Upon hearing Commissioner Wimer say that it might be best
to remove the seawalls in question, Mr. Stephen pointed out that it is
near impossible, due to the close proximity of other structures such as
pools, bathhouses, and the like to the seawalls.
Another point disclJssed briefly was whether or not there is an
erosion problem in areas where there are no seawalls, and Mr. Stephen said
that he agrees with Mr. Crew's earlier statement that there is a general
condition of erosion all ~long Marco Island, adding that the shoreline
in front of the subject seawall eroded some 50 feet before the sea ever
reached the wall.
Commissioner Pistor $aid that he cannot see how the County could
tel1 the petitioners to take down the seawall, after the County allowed
the permits to build them be issued back in 1971-72. He agreed that the
riprop in front of the seawall could possibly rebuild the beach.
Mr. Vincent E. Eitzen, Vice President and an original owner of the
Tradewinds, stated that he is in favor of the revetment; that permits from
the Corps. the DER and the DNR have been applied for; and, presently,
these agencies have issued letters of temporary approval for the proposed
project. He referred to photographs of the subject seawall, and pointed
out that there has been some 36" difference in the level of the beach in
just the past year, due to erosion, and stated that the revetment will
stabilize this erosion.
I
Hearing that there were no further comments from the speakers, nor
the staff, Commissioner Pistor moved, seconded by Commissioner Archer,
and carried unanimously 5/0, that the public hearing be closed.
Commissioner PistQr moved, seconded by Commissioner Archer and
carried unanimously 5/D, that Resolution No. 80-119, granting a variance
from the coastal construction control line re Petition CCCL-80-3-C, for
the construction of the riprap revetment at the Tradewinds and the
Admiralty House, be adopted, same Resolution having been amended a$ staff
recommended.
BOOK 053 PACE B28
June 17, 1980
'B!l!}K 053 PAtf637
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BOARD RECESSED AT 2:00 P.M. TO CONVENE IN WORKSHOP
SESSION - RECONVENED IN REGULAR SESSION AT 2:27 P.M
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ADVERTlS ING AUTHORIZED FOR PUBLIC HEARING FOR CONSlOERATION OF THE
ADOPTlOfl OF Arl ORDINANCE I-lANDATlNG DEVELOPERS TO DEDlCATE LAND RE
SCHOOLS AS FOLLOWS: CAPC HEARING 8/7/80; BCC HEARING B/12/BO
Upon completion of the presentation of the proposed Ordinance by
Lemar Gable, School Board Chairman, re mandating dedication of land or
payment of fees in-lieu-of-dedfcation for the School Board's use as sites
for schoo I s and for tile capita I outlay of sa id bQard, and after the
discussion of same, at length, during the preVious workshop session,
Corrrnunity Developmen~ Administrator Terry Virta recommended that the appro-
priatc dates for public hearings be 8/7/BO for the CAPC and 8/12/80 for
the Board of County Commissioners.
Commissioner Pistor moved, seconded by Corrrnissioner Archer and carried
5/0, that the advertising for the public hearings before the CAPC on
8/7/80 and the BCC on 8/12/80 be authorized.
EMERGENCY DECLARED; ORDI NANCE NO. 80-54 REPEALING ORDINANCE 79-101; C!iANGING
THE NM1E OF THE ~IARCO ISLAND CIVIC CENTER TO MARCO ISLAND COIUMllTY CENTER;
PROVIDING AN ADVISORY BOARD RE SA/.1E CENTER; I~.ND, ELHiINATlNG GOODLAND FRGr1
THE ~lSTD - ADOPTED AS AI~EflDED BY STAFF
Commissioner Pistor introduced the matter of an emergency situation
resulting from efforts to get the question of a date change fQr a referendum
regarding the bond issue fQr the Marco Island area civic center finalized
in time to allow same questiQn to appear on the primary election ballot
of September 9, 1980 rather than on the November 4, 1980 ballnt.
He said that he would li\r: the Board to consider the requests of the
Marco Island Civic Association, as indicated in a letter dated June 10, 1980
from Leigh Plummer, re same matters.
The following are those considerations referred to in the letter
from Ik. PlulTlner which Commissioner Pistor requested action on today:
1. Declaration of a state of emergency.
2. Adoption Qf an Ordinance that will do the following:
a. Repeal Ordinance 79-101
b. Change the name of the Civic Center on Marco
Island to Marco Island Community Center.
c. Establish a MSTD for the purpose of constructing
the Communitv Center.
d. Provide for an advisory board re same center.
June 17, 1980
e. Eliminate Goodland from the MSTD.
3. Adoption of a Resolution providing for a September 9, 1980
referendum re issuance of bonds to finance the construction
project.
After a lengthy discussion reQarding the optimum date for the
referendum, (same fully described as part of the next item in the
minutes), Commissioner Pistor moved to declare an emergency. He cited
the time frame regarding the rreparation of the referendum question and
the upcoming vacation recess of the BCC as his reasons.
Commissioner Archer seconded the motion, clarifying that he is
doing so, only to allow the adoption of the relative Ordinance. The
motion carried unanimously 5/D.
After a brief discussion of the various clauses within the proposed
ordinante and the concurrence that a clause regarding the administrative
responsibilities of the adivsory board for the Community Center, as
relates to the County Manager, should be added to the Ordinance as
recommended by County Mdnager ~orman, Commissioner Pistor moved, seconded
by Commissioner Archer and carried unanimously, that the recommended
verbage as follows be inserted into the proposed Ordinance, same havinq
been read by 11r. Norman:
" The exercise of these Juties and responsibfl fties
shall be conducted within the context of delegation
responsibilities to the County Manager by law, charter,
ordinance or rules and regulations adopted pursuant
thereto."
Commissioner Pistor moved, secnnded by Commissioner Archer and
carried unanimously 5/0, that the Ordinance as numbered and entitled
below be adopted ar.~ entered iJlto Ordinance Book No. 11.
ORDINANCE NO. BO-~
AN EMERGENCY ORDINANCE CREATING A MUNICIPAL
SERVICE TAXING AND BENEFIT UNIT TO PROVIDE A
COMMUNITY CENTER FOI\ AN AREA WITHIN THE
UNINCORPORATED AREA OF COLLIER COUNTY KNOWN
AS MARCO ISLAND, AND MORE PARTICULARLY DES-
CRIBED HEREIN; ESTABLISHING TilE BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY AS
THE GOVERNING BODY OF THE UNIT; PROVIDING THE
PURPOSE OF THE UNIT; PROVIDING FOR THE POWER
TO LEVY SERVICE CHARGES, SPECIAL ASSESSMENTS
OR TAXES WITIlIN THE UNIT: PROVIDING FOR THE
GENE~~L POWERS OF THE GOVERNING BODY OF THE
UNIT; PROVIDING FOR AN ADVISORY BOARD;
PROVIDING SEVERABILITY: REPEALING ORDINANCE
79-101; DECLARING AN EMERGENCY AND PROVIDING
AN EFFECTIVE DATE.
BOOK
U~'J PAGE bSJ
June 11, 1 Yl:lU
RESOLUTION NO. 80-120 CALLING FOR A REFERENDUM ON 9/9/80 RE BOND
1 SSUE FOR CONSTRUCTION OF COI.v.1UNITY CENTER ON MARCO ISLAND
Pursuant to the earlier discussion and introduction of the
matter regarding a referendum vote for the purpose of deciding whether or
not the people within the newly established Marco Island Community Center
MSTD wish to have general obligation bonds issued to cover the cost of
construction of the said center, as described by Commissioner Pistor, Mr.
Leigh Plummer addressed the Board in favor of a 9/9/80 referendum.
~lr. Plummer, President of the Marco Island Civic Assoc., stated
that his group hilS been behind the creation and construction of a civic
center on t~arco when it came up for a referendum vote in March, of 19aO;
that the referendum was defeated by a small margin during that election;
and, that after careful thought and deliberation, he is requesting that
the Board c~nsider the adoption of a Resolution that will call for this
matter being on a referendum during the primary elections on September 9,
1980. He said that he is sure that the issue has a better chance of being
accepted favorably during this referendum. Below are some of the points
by Mr. Plunrner in favor of the September date over the original date of
November 9, that the Civic Assoc. had planned for earlier:
1. The November ballot is lengthy, therefore, some voters
will not even get to the subject question before they cease
to fi 11 out the ballot.
2. Although, historically, the November Presidential Elections
usually have a larger turnout than the primary election, the
Civic Assoc. intends to initiate an educational campaign
aimed at the public to enlighten them of the need to turn
out and vote in favor of the subject question.
3. The Civic Assoc. plans to urge voters to vote negatively
regarding another question on the November ballot, namely the
Incorporation question; therefore,if the s..:bject question
were to be on the same ballot, the voters wOIJld be asked
to vote no for one issue and yes for another; this will be
confusing.
4. Although some people that are in favor of this bond issue
will be out of town, there will probably be as many of the
oPPQsition whQ will be away.
In answer to Commissioner Archer stating that he is in favor of
whichever date will ensure the truest voice of the people, Mr. Plummer
stated that his concern is to avoid another situation like the one
regarding the turmQil revolving around the North Naples Lighting District,
where there was a very close vote. He said that he believes that this can
be avoided by having the referendum on September 9th.
- .
June 11, l~80
Mr. Plummer reiterated his intent to educate the people; to
encourage a good turnout on September 9th, and his feeling that a fair
reflection of the voice of the peop1e on Marco Island will be the result
of these efforts.
Commissioner Brown said that he wants to go on record that he has
been out of town; that he did not know this was to be on the agenda today;
and that he has bE'en requested to vote against the September date by
Steve Mitchell and that he has agreed to do so. He said that Mr. Mitchell
has requested this because he feels that a "truer" vote will be forth-
coming if the referendum is set for the November election.
Commissioner Archer said that he feels that there will be more
representative vote in November and Mr. Plummer said that he disagrees,
citing the length of the November ballot.
Commissioner Wimer expressed his feeling that he can go along with
the September vote, because he has just become aware of the fact that the
incorporation question will be on the November ballot.
Commissioner Pistor moved for the adoption of Resolution 80-120,
calling for a September 9, 1980 referendum re bond issue for the construc-
tion of the Marco Island Community Center.
Chairman Wenzel seconded the motion to get it on the floor and upon
call for the question the motion carried 4/1, with Commissioner Brown
opposed.
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800K 053 p~r.F640
MOK
053 PACE 645
June 17, 1980
PETITION CP-80-9-C, PLANNING DEPARTMENT, REQUESTING AN AMENOMENT TO
THE COMPREHENSIVE LAND USE PLAN FROM AGRICULTURE LAND USE TO LOW
DENSITY 0-2 UNITS PER ACRE RESIDENTIAL LAND USE FOR PROPERTY LOCATED
WITHIN SECTIorl 36, T465, R28E, ON LAKE TRAFFORD ROAD - ADVEP.TI5ING
AUTHORIZED FOR PUBLIC HEARING ON 7/29/80
Commissioner Archer moved, seconded by Commissioner Pistor and
carried unanimously 5/0, that the advertising be authorized for public
hearing on 7129/80 re Petition CP-80-9-C, as filed by the Planning
Oepartment, requestinQ an amendment to the Comprehensive Land Use Plan
from agriculture land use to low density 0-2 units per gross acre resi-
dential land use for property located within Section 36, T46S, R28E, on
Lake Trafford Road.
PETITION CP-OO-6-C, FUTURE CITIZENS, INC. REQUESTING A LAND USE AMEND.
MENT FRUM 0-6.22 TO RECREATIONAL OPEN SPACE ON PROPERTY LOCATED IN
SECTION 16, T48S, R25E - ADVERTISING AUTHORIZED FOR PUBLIC HEARING
ON AUGUST ~980
Commissioner Archer moved, seconded by Commi:osioner Pistor and
carried unanimously 5/0, that the advertising be authorized for public
hearing August 5. 1980 for Petition CP-80-6-C, as filed by Future
Citizens, Inc., requesting a land use amendment from 0-6.22 to Recreational
Open Space on property located in Section 16, T4BS, R25E, which is south
of Sunny Trail Heights and west of Gulf Harbor Subdivisfun.
PETITION CP-80-7-C, GAC PROPERTIES ANO COUNTY PLANNING STAFF, REQUESTING
A LAND USE AMENDMENT FROM CO~'MERCIAL LAND USE TO 6.22-30 & 0-6.22
RESIDENTIAL LArlD USE RE PORTIONS OF UNIT 2, GOLDEN GATE CITY - ADVERTISING
AUTHORIZED FOR PUBLIC HEARING ON B/51BO
Conmissioner Archer moved, seconded by Commissioner Pistor and
carried unanimuusly, that the advertLs1ng be authorized for publ ic
hearing on B/5/80 for Petition CP-80-7-C, as filed by GAC Properties and
the County Planning Staff, req\:lsting a land use amendment trom commercial
land use to 6.22-30 for Lots 1-10, Block 39; Lots 1-15, Block 22 and
810ck 3B less the east 200', Unit 2, Golden Gate City, and also requesting
a land use amendment from commercial land use to 0-6.22 residential land
use for the east 200' of Block 38, Unit 2, Golden Gate City.
June 17, 19&V
PETITION CP-80-8-C, K. C. WISE, TRUSTEE, REQUESTING A LAND USE AMENDMENT
FROM 0-6.22 TO INDUSTRIAL USE ON PROPERTY LOCATED IN SECTION 15. T4BS,
R25E - ADVERTISING AUTHORIZED FOR PUBLIC HEARING~~5/80
Commissioner Archer moved, seconded'by Commissioner Pistor and
carried unanimously 5/0, that the advertising be authorized for public
hearing on 8/5/BO for Petition CP-BO-8-C, as filed by K.C. Wise,
Trustee, requesting a land use amendment from 0-6.22 to Industrial use
on property located in Section 15, T4BS, R25E, which is located north
of the Krehling Concrete Plant.
PETITION R-80-18C, K. C WISE, TRUSTEE, REQUESTING A REZONING FROM "A"
TO "I" FOR PROPERTY LOCATED IN SECTION IS, T4BS, R25E - ADVERTISING
~UTHDBlZED FOR PUBLIC HEARING ON B/5/80
Comm:ssioner Archer moved, seconded by Commissioner Pistor and
carried unanimously 5/0, that the.advJrtising be authorized for public
hearing on 8/5/an for Petition R-BO-18C, as filed by K.C. Wise, Trustee,
requesting a rezoning from "A" Agriculture to "I" Industrial for property
located in Section 15, T48S, R25E.
PETITION NZ-80-9-C REQUESTING AN AMENDMENT TO SECTION 3B, ESTATES DISTRICT,
PARAGRAPH 28, RE MOTOR HOMES OR TRAVEL TRAILERS USED AS TE~'PORARY
RESIDENCES DURING CONSTRUCTION OF PERMANENT RESIDENCE - ADVERTISING
AUTIIORIZED FOR PUBLIC HEARING ON B/5/BO
Commissioner Archer moved, seconded by Commissioner Pistor and
carri~j unanimously 5/0. that the advertiSing be authorized for public
hearing on 8/5/80 for Petition NZ-BO-9-C, requesting an amendment to
Section 38, Estates District, paragraph 2B, re motor homes or travel
trailers used as temporary residences during construction of permanent
residences. subject to certain conditions.
PETITION NZ-80-10-C, REQUESTING AN M~ENDMENT TO SECTION 36, INDUSTRIAL
DISTRICT WHICH CHANGES SIDE YARD SETBACKS TO 20% OF THE LOT WIDTH WITH
A MINiMUM OF 15 FT. AND ALLOWS FOR DISTAtlCE BETWEEN BUILDINGS _
ADVERTISING AUTHORIZED FOR PUBLIC HEARING ON 8/5/80
Commissioner Archer moved, seconded by Commissioner Pistor and
carried unanimously, that the advertising be authorized for public
hearing on 8/5/80 for Petition NZ-BO-10C, requesting .~ amendment to
Section 36, Industrial District which changes side yard setbacks to
20% of the lot width, with a minimum of 15 ft. and allows for
distance between ~trllr.tlJr"5
MOX 053 PACE646
aOOK
053 PAGE 647
June 17, 1980
PETITION R-80-14-C, FUTURE CITIZENS. INC.. REQUESTING A REZONING FROM
"A" TO "RO" FOR LAND LOCATED IN SECTION 16, T48S, R25E - ADVERTISING
AUTHORIZED FOR PUBLIC HEARING ON 8/5/80
Commissioner Archer moved, seconded by Commissioner Pistor and
carried unanimOUSlY, that the advertising be authorized for public hearing
on B/5/BO for Petition R-BO-14-C as filed by Future Citizens, Inc.,
re4uesL in~ a rezoning froll' "A" Agriculture, to "RO" Recreational Open
Space for land located in Section 16, T48S, R25E.
PETITION R-BD-15C, LEONARD SPICER, REQUESTING A REZONING FROM "A" TO
"RS-l" ON LOT 8, UNIT 2, COCONUT CREEK SUBDIVISION - ADVERTISING
AUTHORIZED FOR PUBLIC HEARING ON B/5/BO
Commissioner Archer moved, seconded by Commissioner Pistor and
carried un~nimously 5/0, that the advertising be authorized for public
hearing on 8/5/80 for Petition R-80-1~C, as filed by Leonard Spicer,
requesting a rezoning from "A" to "RS-1" on Lot 8, Unit 2, Coconut
Creek Subdivision.
PEilTION R-80-17-C, GAC PROPERTIES AND COUNTY PLANNING STAFF, REQUESTING
A REZONING FROM "GRC" TO "RM-2" AND "RS-3" FOR PORTIONS OF UNIT 2,
GOLDEN GATE CITY - ADVERTISING AUTHORIZED FOR PUBLIC HEARING ON 8/5/80
Cowlllissioner Archer moved, seconded by Cc)mmissioner Pistor ar,d
carried unanimOUSlY 5/0, that the advertising be authorized for public hearing
on 8/5/80 for Petition R-80-17-C, as filed by GAC Properties and the
Plannin'.1 Department staff, requesting a rezoning form "GRC" COl11T1ercial
to "RM-2" for lots 1-10, Blk. 39 and Blk. 38 less the east 200' Unit 2,
Golden Gate City, and also from "GRC" Commercial to "RS-3" for the east
200' of Blk. 38, Unit 2, Golden Gate City.
CREATION OF AN INDEPENDENT LIGHTING DISTRICT RE PELiCAN BAY - ADVERTISING
AUTHORIZED FOR PUBLIC HEARING Fur. ~ITHER 8/5 O!? BI12/BO
County Attorney PickWQrth stated that because of many reaSQns, such
as innovative design, different types of lighting, etc. the administrative
procedures having to do with Pelican Bay's Lighting District have become
burdensome for the County. He said that, although it is not final at
this time, the County is leaning towards the establishing of an independent
lighting district for Pelican Bay and, that if this is to be cQnsidered
by the County, a public hearing must be held.
June 17, 1980
He said that the subject independent district will have to be
chartered hy Ordinance, and that what he is requesting today is for
authorization for the Clerk to advertise the public hearing when and if
the Ordinance is drafted and the County decides to move forward with this.
lie said that his office will make the decision, as to the date, and it
will be either August 5, 1980 or August 12, 1980. He said that the
reason for these suggested dates is related to the certifying of the millage
for tax purposes.
Commissioner Pistor moved, seconded by Commissioner Archer and
carried unanimously 5/0, that the advertising be authorized for public
hearing on either August 5, or 12, 1980, for consideration of chartering
and Independent Lighting District for Pelican Bay, same dates to be
decided on by the County Attorney.
RE~ULAR MEETING FOR acc SCHEDULED FOR JULY 8, 1980
Conmissioner Archer stated that because the appointments to the
Charter Cor1\l1is~ion must take place within 30 days of the date that the
relative Resolution was adopted, ~nd because of the upcoming vacaticn
recess for the Board, there is a conflict of time. He said that a
meeting on July 8th is in order and that this is to be a regular meeting
due to tho:> many items that have come up for Board consideration that
cannot wait ~ntil the Board returns from vacation recess.
Commissioner Wimer 5tated that he is to be out of town during the
week of July 8, 198D, and that he is willing to return to Naples for the
meeting, if it is to be a meeting called just to consider one or two
items. Commissioners Archer, Pistor and Wenzel, all noted the ~any items
that have to be considered on the subject date, and Chairman Wenzel added
that many things ha',e been postponed that need consideration at that time
and that a full meeting will be needed.
.'
"
After a brief discussion regarding the upcoming matters that require
Board consideration, Commissioner Pistor moved, secondec ~y Commissioner
. .
Brown and carried unanlmously 5/0, that a Regular Meeting be scheduled for
!\'
the Board on July 8, 1980, during that time previously approved as
vacation recess.
BOOK 053 PACE 6(8
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..June i/, i~tiU
BOO~ 053 PACE '649
PUBt.IC HEARING RE CONTESTING TilE EXISTENCE OF A PUBLIC NUISANCE REGARDING
COUtlTY LETHAL YELLOWIrlG PROGRAM AS RE.QUESTED BY "THE GLADES, INC." -
POSTPONED TO JULY 8, 19BO BY REQUEST OF PETITIONER
County Manager Norman stated that he has received a letter from
Attorney Harold Smith, representing "The Glades, Inc.", requesting a
public hearing in order to contest the existence of a public nuisance
re the County's Lethal Yellowing Program.
Mr. Norman said that the petitioner requested the hearing as soon
as possible. and therefore it has been scheduled on today's agenda;
however, he has received notice that the petitioner cannot be present
today. Mr. Norman noted that the program'in question is an emergency
program and suggested that the petitioner's request for a postponement
be acco~odated by SCheduling this matter on the agenda for the July B,
1980 ~~eting.
Chairman Wpnzel stated that the request for a public hearing to
contest the existence of a public nuisance re Lethal Yellowing Program,
as requested by Attorney Smith on behalf of "The Glades, Inc." shall be
scheduled on the July B, 1980 agenda.
RESOLUTION 80-121 RE PETITION PU-BO-5-C GRANTING A PROVISIONftL USE RE
SEWAGE TREATMENT PLANT RE BEARS PAW IN SECTION 25, T49S, R25E.- ADOPTED
Planner Lee Layne introduced Petition PU-BO-5-C, and stated that
it 1:; a request from Will iam Vines, representing Edith Coll ier Sproul
Trust, for a provisional use for a sewage treatment plant on property
located in Srction 25, T4QS, R25E, for the Bear's Paw development.
She said that ori9inally the development was to tie into the City
of Naples' sewer system; but. the City's plant is presently at capacity
and will not be able to accommodate Bear's Paw until 19B3 at the earliest.
Therefore, she said, the request is being made for the temporary use of the
property. as described above, which is located on the north side of Golden
Gate Parkway, across from the entrance of the Bear's Paw development, to
house a package treatment plant until such time as hook-ups to the City's
system are possible.
Ms. Layne said that the request is in accordance with Section 8.10
of the Zoning Ordinance; t~e subject petition has been reviewed by all of
June 17, 1980
the relative County agencies; and, that. the recommendation is for approval,
subject to the following stipulations: \
1. Comply with fire codes. (E.N.F.D.)
2. All signs shall be approved by the Zoning Director. (Planning)
3. All existing ditches within 50' from center line of top of
berm shall be filled. (W.M.A.B.)
4. Site plans must be signed and sealed. (W.M.A.B.)
5. Design of maximum water elevation of Sr.ction B-B shall
be changed from 9.77' to 8.6'.(W.M.A.B.)
Ms. Layne reported that the CAPC held their public hearing on June 5,
1980 and recommends approval of Petition PU-80-5-C, subject to staff
s t i pul a t ions.
In respons~ to Commis~ioner Pistor's query, Engineer Dan Brundage
stated that the 'ubject sewage lines will be installed under the main
transmission I ines for potable water that are part of the City of Naples'
system.
Commissioner Archer moved, seconded by Commissioner Pistor and carried
unanimously 5/0, that Resolution No. BO-121, re Petition PU-80-5C, as filed by
William Vines for Edith Collier Sproul Trust, requesting a provisional use
of property located in Section 25, T49S, and R25E, be adopted subject to
staff stipulations, and that the petitioner's agreement to stipulations
be accepted.
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M~~ n~:-I PAr.F' R~n
June 17. 1980
CIIAIRMAN AUTHORIZED TO EXECUTE RENEWAL OF LEASE AGREEMENT WITH MRS. BLYE
TREADWAY RE OFFICE SPACE FOR THE FMHA OFFICE IN IMMOKALEE
County Manager Norman reported that/the lease renew~l for providing
office space fQr th~ FmHA, as the County has done in the past, is going to
expire June 30, 19BO, addfng that the lease is with Mrs. Blye Treadway,
for office space in Immokalee; it fs the same as in prior years; and
that it is staff's recommendation that said lease renewal be executed,
for the period from July 1, 1980 through June 30, 1981.
Commissioner Archer moved, seconded by Commissioner Wfmer and
carried unanimously 5/0, that the Chainman be authorized to execute the
renewal lease as described by Mr. Norman.
*
'It
'It
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MOK 053 PACE 556
June 17, 1980
'MOK 053 PACE659
RENEWAL OF CONTRACT FOR JANITORIAL, MAINTENANCE AND UTILITY SERVICES
BETWEEN THE DEPT. OF HEALTH & REHABILITATIVE SERVICES AND THE COUNTY _
WITHDRAWN PER COUNTY MANAGER'S RECO~IENDATION
As requested by County Man~ger Norman the matter regarding renewal of
a contract fer janitorial, maintenance and utility services between t~e
Dept. of Health and Rehabilitative Services and the County was withdrawn,
because it appears that such an agreement may not be needed in t~e future
due to changes in the budgeting practice.
PRESENTATION RE ALTERNATIVE METHODS OF FINANCING IMPROVEMENTS TO THE
INLET AT WIGGINS PASS - LETTER OF INTENT AUTHORIZED TO ARMY CORPS OF
ENGINEERS, INCLUDING A PASSAGE RE FULL BOARD ENDORSEr~ENT OF DREDGING
PROJECT IS SUBJECT TO RESOLVING CONCERN RE BEACH EROSION
Administrative Assistant to the County Manager Gene Willett said
that he has circulated to the Commissioners, a report outlining three
alternatives of accepta'Jle methods for financing the Wiggins Pass
imprQvements recommended by the Corps of Engineers. He said that the
report describes the proposed dredging project; gives a status report
of the project; and, also outlines a history of the project. He said
that within the subject report, the benefits assigned to th~ project
are outl ined; an estimated project budget is described; and the follow-
ing financing methods are included:
1. Assessment District by apportioning the project budget by
the assessed property value of the benefiting property owner
over the District's total valuation. The assessed property
valuation includes both the land and improvements valuation
for both residential and conmercial/industrial propl?rties.
2. Assessment District by the same methods as No.1, except the
land valuation is used for the residential and both land and
improvement vaiuatiQn is used for corrrnercial/industrial pro-
perty.
3. Creation of a Municipal Service Taxing District, including
all properties with access to the improvement.
Mr. Willett said that within the report, all the distinctive advantages
and disadvantages relative to each of the three methods outlined abQve
have been covered. He said that there are viable methods of financing
this project, the U.S. Army Corps of Engineers is requesting a Letter of
Intent which will put the Board officially on record approving or reject-
ing the project; and, if the project is to continue, the Corps can assign
their half of the funds and have same authorized for use by Collier County.
June 17, 1980
Commissioner Archer said that he was not aware that any work was
anticipated other than the bars in the front of the pass, and asked
Mr. Willett about the work proposed for the entrance into Turkey Bay. Mr.
Willett said that what is proposed is to continue the dredging through
the area and constructing mangrove berms on each side of the canal, from
the waste materials dredged from the Vanderbilt Lagoon.
Mr. Willett reiterated that the Letter of Intent is not binding;
and, that the only time the Board will be committed, is when a contract
has been executed at the time construction is to commence, scheduled at
this time for 1982.
Chairman Wenzel aSKed if the County could reject the project if it
ran too high. Mr. Willett answered affirmatively.
There was some contusion regarding the formula for funding and
Mr. Willett clarified the matter by saying that if the County were to
receive a DNR grant, then, the breakdown would be 50% from the Federal
level; 25% from the State level; and, 25% County participation. He said
the DNR grant is not certain at this point in time, as the Bureau of
Beaches and Shores has opposed the project.
Commissioner Archer referred to a recent study completed by the
Southwest Florida Regional Planning Council staff regarding the subject
improvement project at Wiggin~ Pass, dated June 11, 1980. He read the
following recQmmendations from within the subject SFRPC report:
1. Forward a Letter of OpPOSition to the Corps for navigational
improvements as proposed.
2. Investigate the feasibility of util fzing movable channel
markers. 'i:-creasing marine patrol enforcement, and
implementing water quality enhancement strategies
in developing waterfront areas to mitigate both the
navigational hazards and environmentai ir.pacts in the
Wiggins Pass area.
Commissioner Archer stated that he would like to see more information
regarding the action that is going to take place within the Pass itself;
his concern does not lie with the proposed dredging of sand in the front
of the pass and its placement onto the beaches of Wiggins Pass Park.
He said that he is concerned about the ability of the Pass to accept
vessels Qf a larger size. He said tha;within the report from the SFRPC,
BOOK 053 PAGE 660
UV<j!"\ 'J\.JIV .'",Vt. VU.A-
June 17, 1980
there have been 30 to 40 foot vessels sighted in that portion of the
Pass that he is referring to and he does not believe that this could be
the case. Several members of the audience, that claimed to be residents
along the Pass area, stated that large vessels can be accommodated,
depending on the course they use. H~ reaffirmed hfs concern regarding
the prQPQsed dredging of the Turkey Bay portion of the project.
Commissioner Pistor said that he would like to see a more deffnitive
explanation of ,the percentage of benefits to be experienced on the part
of the taxpayers, so that he may have a better means of explaining the
expenditure fer this project. He said that he fs not against this
project, he just wants more clearly defined benefits and Mr. Willett said
that he would ask the Corps to be more specific in their final report.
Mr. Willett said that what complicates being able to define clearly
what percentage of people will gain from the project is the fact that
there is a portion of the people who use the ramp in the State Park that
benefit from the boat improvement portion part of the project, but whose
property will not benefit. Another thing discussed was the increased use
of the subject waterways by other than Collier Countians.
Conmissioner Archer stated that he thinks that the creation of MSTO's
to cover this project will be the route to follow, in light of all the
"doubln -'xati0n" prQblems that have come before the Board of late, and that he
feels that general obligation funds are not the optfmum solution for
financing.
Commissioner Wimer said that~ he cannot endorse the subject project
becilUse he shares the concern of the OER of possible erosion at Vanderbilt
~each. He said that, to his knowledge, this concern has not been resolved,
and that he will not personally pass final jud~nt on the project until
it has.
Ik. Willett was joined by Commissfoner Archer in an attempt to
explain that the Corps simply want a Letter of Intent to give them the
opportunity to put ColI ier County "in I ine" for that J:,,,:-tion of the funding
I
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June 17, 19BO
of the subject project th~t the Corps will undertake. Commissioner
Archer added that he has spoken with a .~orps representative and has been
assured that the County will not be "bound" by the letter of Intent.
Commissionrr ^rcher said that he thinks that Collier County may lose
out on fundi ng if the C(',unty does not get "i n I ine" with the Corps.
He said that the County will not be committed unt.il the Corps sign the
contract and they will not sign the contract until the County has some
$100,000. to $150,000 and is prepared to participate in the project.
Mr. Carl Gilzow, President of the Vanderbilt Beach Property Owner's
Association, expressed his concern with what he termed as "equivocation"
on the part of the BCC, after four years work has been involved; after
several thousands of dollars have ~ren spent; and after so many studies
have been completed. He urged the Board to follow through with the
Letter to insure that the County will be "in line" for functs.
There was some discussion regarding the navigability of Wi99in~
Pass and Turkey Bay. Mr. Gilzow said that there is not a week that goes
by that a boat does not get stuck in these waters, and some have to wait
overnight for the next flood tide before they get out, while some do not
get out without damage to their vessels. Mr. Gilzow said that thousands
of dollars are lost by taxpayers due to damage to their boats in these
locations.
Commissioner Brown said that he is in favor of the project, and is
ready to vote regarding the letter in question.
Commissioner l'limer said that, although he agrees the answer to this
problem has taken much too long, he is not primiarily concerned with time
or dollars; his primary CQncern is what effect this project will have on
the beaches at Vanderbilt. He said that the beach is more important to
him than the channel.
Mr. R.O. Berghamer, resident of Vanderbilt Beach, mad~ a brief
comment in favor of the project. He said that this canal will be dredged
every two years at Federal expense, and the sand will be deposited onto
the beaches. He also said that he favors the methods of assessments
within Mr. Willett's report.
I
800K 053 PAGf662
~o6~ 053 PAGE 663
June 17. 1980
1'-
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Mr. Bernie Yokel, representing the Conservancy, stated that he
i5 nQt opposed to the Letter of Intent; however. he said that there
are some facts that were presented today th~t he disagrees with and
he would appreciate the ~pportunity to make his comments at the time
that the Board sets aside for a full review of the subject project.
Coml1issioner Archer moved that the Letter of Intent be authorized.
;\
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Conrnissioner Pistor seconded the motion.
After a brief discussion, Commissioner Wimer said that he would
go along with the Letter of Intent if the concerns of the DER regarding
tile erosion of Vanderbilt Beach are taken care of. Commissioner Archer
asked if CommissiQner Wimer's statement can be put into the Letter of
Intent and Nr. Willett agreed.
Tilt CommissilJners amended their motion and seconding thereof and
upon call for the question, the motion to authorize the Letter of Intent
to the Army Corps of Engineers along with a passage expressing the fact
thqt the full endorsement of the project will not be forthcoming until
the DER concern re erosion on Vanderbilt Beach has been resolved, carried
unanimously 5/0.
ADMINISTRATIVE RESPONSIBILITY FDR STOCKADE TRANSFERRED TO SHERIFF'S
DEPARTf.1ENT
Convnissioner Wimer moved, seconded by Commissioner Brown and
curied unanimously 5/0, that the staff's recommendation be accepted,
dS indicated within the Executive Summary, and that the administrative
responsibility for the Stockade be transferred to the Sheriff's
H
Department.
There was some discussion regarding the effective date of the
transfer dnd MI". Norman said that the full responsibility will be
the Sheriff's on October 1, 1980. CQmmissioner Wenzel said that
according to the staff recolllmendations within the Executive SUlllTldry, it
will be effective on July 1, 1980.
Note: The Executive Summary calls for the Sheriff to assume
nominal responsibility effective July 1, 1980.
,
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i' June 17, 19dU
PROPOSED PAY SCHEDULE PRESENTED A~OF THE POSITION CLASSIFICATION
PND PAY PLAN PART II EFFECTIVE ~ 1980 & PAY IMPLEMENTATION OPTION
NO. 2 - APPROVED; FISCAL OFFICER TO PREPARE NECESSARY BUDGET AMENDNCmS
AND PAYROLL REVISIONS
~
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, ..
Chairman Wenzel read the title of the Agenda item regarding the
presentation of Part 2, Position Classification Pay Pla~~UdY, and
Commissioner Wimer moved for its approval and adoption.
Commissioners Archer and Wimer agreed that they have read the
rppcrt and that they feel it is in line with their thinking. Commis-
.
sioner Brown seconded the motion, and Chairman Wenzel asked the Board
~
if they wished to have a presentation by staff. There wete no requests
for the presentation and Mr. Norman said that he had one registered
speaker.
Mr. Bill Lagan stated that h~ is speaking as a voter. property
owner, and concern~d citizen of Collier County. He stated that he is in
favor of doing something for the person who works in Collier County who
is not a professional; who is not a career builder; who is just a good
employee. IIr. rprerred tQ those employees who want to live in the community;
want to do a good Job; and want to retire from the job working for the
County. He said that these people just cannot make it in the economic
pressures of today and, const>quently, the County is losing top-level and
valued employees. He offered the thought that the County has a responsi-
bil ity to the County employees; they need a decent wage; should be
'~~
promoted from within rather than hiring from outside of the County. He
:}~.
urged the Commissioners to take advantage of the talent that the employees
~.
have to offer, in order to get the most from the monies spent in salaries.
'ltf
He suggested that all staff employees, not including depa~tment heads or
\:~
professionals be given an immediate 10% raise in pay. and.'then all Jobs
1<\,,/:
should be reviewed and based on individual jobs, bring the wages up to
what other governmental agencies are being paid. He said that some jQbs
should ~e melted together, and some eliminated. Mr. Lagan closed his
;#~
remarks by urging the Commissioners to stop hiring outsid;.consultants,
::~i::eo;h~;r:::t~::kf::md:~:hO~:5"3C:~"::':::::::'" H. .111 ",g.d th't ,
BOOK PAGF 664: I
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June 17, 19130
,OOK
053 PAGE 665
Commissioner Pistor concurred with the statements regarding outside
help, and suggested that Mr. Lagan return for the budget hearings and
voice his opinion at that time to support his ideas.
Commissioner ~rown brought forth the issue of outside help rather than
using "in house talent", and commented that at one time Mr. Barksdale was
requested by the Chairman to eliminate all the studies regarding the
problems in Golden Gate, having to do with the water situation, and to use
County employe~s in their stead; however, Mr. Barksdale said that his
people did not have the expertise that is needed. He alluded to the fact that
many people h~ve an expertise in fields that others do not. Mr. Lagan said
that there are exceptions to every rule, however, he cited study of trash
removal recelltly paid for by the County at the price of over $6,000. He
sdid that he f"eels that County people could have done this and, that in
the end, there is still a problem with garbage collection. Chairman
Wenzel said that he agrees with Mr. Lagan regarding all the outside studies,
experts, etc.
Upon call for the question, the motion to approve the pay schedule
that is Part Two of the Position Classification and Pay Plan and the pay
implementation Option II, carried unanimously; the Fiscal Officer was
directed to prepare the necessary budget amendments and payrOll
revisions.
Commissioner Archer asked Mr. Norman whatever happened to the "merit
i ncrea se" prQgram in the FY 79-80 year? He asked if it has been
distributed? Mr. Norman said that at this stage in the year it is not
practical to implement a merit increase p:'ogram, however, such a program
Is the next phase of the subject study, and he is committed to having a
full recommendation presented to the Board regarding a merit increase system
prior to October 1, 1980.
Commissioner Pistor said that he thought that a merit increase was
given in 1979-80, and ~lr. Norman answered negatively.
TRAVEL OF REFERENCE LIBRARIAN TO ANNUAL AMERICAN LIBRARY ASSOC. CONFERENCE,
[N NEW YORK ON JUNE 29-JULY 5, 19BO - APPROVED
Commissioner Wimer moved, seconded by Commissioner Pistor and
c<lrTi~J urtdllillluusly 5/0, tf1<1t the travel of the reference librarian to
the Annual American Library Assoc. Conference, in New York on June 29,
through July 5. 1980 be approved.
June 17, l!ieu
FINAL ACCEPTANCE OF PARK SHORE UNIT 4 GRANTED; QUIT CLAIM DEED
AUTHORIZED FOR THE CHAIRMAN'S SIGNATURE TO RELEASE THE TRUST DEED ON LOT
9, BLK. 12, PARK SHORE UNIT 2
Commissioner Wimer moved, seconrled by Commissioner Pistor and
carried unan1mously 5/0, that final acceptance be granted for Park
Shore Unit 4; and, that the Quit Claim Deed on lot 9. Block 12, Park
Shore Unit 2, he authorized for the Chairman's signature zo as to release
the Trust Deed.
PRELIMINARY ACCEPTANCE OF COMPLETED PORTION OF PELICAN BAY UNIT I APPROVED;
10~ ~INTENANCE BOND ON THE COMPLETED PORTION AND 110% BOND ON THE
UNCOMPLETED PORTION ACCEPTED; BOND PRESENTLY BEING HELD RELEASED
Commissioner Wimer moved, seconded by Commissioner Pistor and
carried unanimously 5/0, that the preliminary acceptance of the completed
portion of Pelican Bay Unit I be approved; that a 10% maintenance bond
for the completed portion and a 110% bond for the uncompleted portion of
same unit be accepted; and, that the bond that is presently being held
be released.
TWO (2) 8" WATER WELL PERMITS NOS. 65.316A & 65.16B RE wvrmEMERE
COUNTRY CLUB - APrROVED
Commissioner Wimer moved, seconded by Commissioner Archer and
carried 4/1, with Chairman Wenzel opposed. that two (2) B" water well
permits, Nos. 65.316A & 65.316B, for Wyndemere Country Club be approved.
Commissioner Archer asked County Engineer Barksdale if the
situation regarding trucks. including the problems with the culverts and
pipes has been resolved? Mr. Barksdale said the problem with the roads,
has been resolved. He said that a permit has been issued to Wyndemere
just for the use of their emplQyees, and that they are not to use trucks
on the road.
Commissioner Archer asked if this was only for the construction of
the Wyndemere golf COUI'se, and Commissioner Wenzel 'asked if Wyndemere was
going to make repairs on 66th. St., and Mr. Barksdale replied affirmatively.
ADMINISTRATIVE ISSUANCE OF WATER WELL PERMITS; CREATION OF INDEPENDENT
BDARD OF APPEALS; BCC ACTING AS BOARD OF APPEALS - TO BE DISCUSSED BY WMAB
Commissioner Pistor said that in the last several years the Com-
missioners have just "rubber stamped" water well permits, after the Water
I
Management Advisory Board has reviewed them, along with the County Engineer.
BOOK 053 PAGf 666
June 17, 1980
BOOK
053 PACE 667
He suggested that in the interest of saving time, since it has been
established under which criteria a water well can be permitted, that the
noard consider authorizing the County Engineer to administratively issue
water well permits, after the Water Management Advisory Board has heard
the petitions. He further suggested that perhaps, the Board of County
Commissioners could act as a Board of Appeals for these permits.
Commissio~er Archer suggested that the County set up an independ~r,t
Board of Appeals. He asked Mr. Barksdale if this had not come up once
befQre ~nd did he not reject it at the time because of the Ordinance as
it is written stipulating that the Board must make these decisions? Mr.
Ijarksdale said that the Ordinance currentlv requires the Board to hear
any request for a permit for well s over 2", however, an amendment to the
Or'dinance may be in order. He suggested that he let the Water Management
Advisory Board discuss this and see if they recommend a change in the
Ordinance during the July meeting.
ConnnissiQner Archer moved, seconded by Commissioner Pistor and
carried unanimously 5/0, that the Water Management Advisory Board discuss
the aforementioned alternatives regarding administrative approvals for
water wells; and, the possibility of the creation of either an independent
noard of Appeals or the ace acting as the Board of Appeals fQr water well
permits.
BID #415 RE CONSTRUCTION OF TIGER TAIL BEACH AWARDED TO VENETIAN
8AY CONSTRUCTORS, INC. OF NAPLES IN THE AMOUNT OF $209,395.00
Legal notice having been publiShed in the Naples Daily News on
April 7 and g, 19BO, as evidenced by Afffdavit of Publication filed
with the Clerk, bids were received until Hay 7, 1980 for the construction
of a bathhQuse and parking facilities at Tiger Tail Beach, Marco Island,
Florida.
Commissioner Wimer moved, seconded by Commissioner Pistor and carried
unanimously 5/0, that Bid #415 be awarded to Venetian Bay Constructors, Inc.
of Naples, in the amount of $209,395.00 as recommended by the Bid Review
eo~nittee, and as approved by the Department of Natural Resources.
June 17, 1980
SHERIFF ROGERS REPORTED PR0BLEMS WITH LAW ENfORCEMENT RE PARKING AT
TIGER TAIL BEACH; ALTERNATIVES RE ADDITIONAL PARKING DISCUSSED
Sheriff Aubr~y Rogers said that he/is very concerned with the
problems with ll~ enforcement regarding the parking at Tfger Tail Beach
on ~larco Island. He said that there is inadequate numbers of parking
spaces; tllere is alr",ady a problem with parking in the swales, and alon~
the streets. He said that this concern is shared by the residents of
~'arco near the beach area and that he would like to suggest that the
County make some kind of arrangenrents for the purchase of additional lands
for parking. He said that the problem is intensified by the fact that
much Qf the beach "rea along Marco is being developed and, consequently,
closed off to the public; therefore, there is a trend towards the concen-
tration of beach-goers to conr,regate at this one area.
Sheriff Rogers said that the area in question is going to be developed,
at some point in time, and that the parking along residential streets is
going to increase the prob7ems of law enforcement.
Commissioner Wen7e) asked Sheriff Rogers if he thought that it is
fair to deny pp.ople tre right to park along the street? Sh~riff nogp.rs
said that his department has to go by the Ordinances regarding parking, and
that the answer is hard to determine. He said that while he does not wish
to Lien)' anyone the use of the park, when it fills up, there is goinS to
be an overflow of cars that will nrt have a place to park. He referred
tc the many times th~t Wiggins Pass State Park becomes full, and traffic
is held up for miles. He said that he feels it is important to bring this
to the attention of the Commissioners because he sp.es the potential of
a major problem on Marco Island because of inadequate parking.
Commissioner Pistor agreed with Sheriff Rogers and said that he
knows the streets are not wide enough to allow for parking. He added
that the Commissioners have donp. a considerable amount of work regarding
the investigation into more parking facilities at Tiger Tail, and he
thinks a major problem is the many roves along the area in question. He
pointed out that these are referred to as environmentally sensitive, and
somewhat protected. He said th~t many ideas for parking have been met
~OOK 053 PACE 668
p;oox 053 PACfB69
with stron~ opposition because of the need to cut down a mangrove area.
He said that the Department of Natural Resources has suggested that the
County consider a vari~nce to the Coastal Construction Control Line; and,
at sometime, build a parking lot on the beach. He said that this will
take a considerable amount of thinking on the part of the Commissioners,
as to whether or not a variance for the County should be considered for
something like this, especially since the BCe has discouraged the citizens
in the County again~t such a thing.
The addition of three more lots from Deltona Corporation that did
June 17, 1980
not material ize was discussed, and Commissioner Pistor stated that unless
the acceptabil ity of cuttin9 down mangroves areas, b)' thosp. concerned who
have opposed it in the past, takes place, then he sees no WilY to alleviate
the potential problem.
8[0 #1J21 FOR [NSTALLATION CF "NO WAKE" SIGN$ RE VESSEL CONTROL ORDINANCE _
^~ARDED TO J.L. ^CKERMAN IN THE AMOUNT OF $]4,500
Legal notice havinq been published in the Naples Daily News on
Hay 6 and 8, 1980, as evidenC'ed by Affidavit of Publication ffled with the
clerk, bids were received until t'lay 2B, 1980 for the installation of "No-
Wake" signs in six areas throughout Collier County, as a result of the
Vessel Control Ordinance being adopted.
After a discussion regarding the amount of the bid from J.L. Acke~n
for $14,500, and Commissioner Archer expressing his feeling that this was
ton high, Mr. Ackerman explained that the cost he quoted reflects thz cost of
a barge with a crane in order to install the pilings and signs out in
th~ waterways.
~lr. Wilcox explained that ~lr. Ackerman's bid was the lowest of those
received, and the only bid offered that included all the areas in question
that must be PQsted. Commissioner Pistor asked why the signs have to
be placed Qn such deep waters? CQunty r1anager Norman said that the
reason is so that the County can meet the criteria for enforcement of
the Vessel Centrol Ordinance.
Commissioner ArC'her moved, and Cnmmissioner Pistor seconded, to reject
the bids and let them out for bid again.
There was a lenQthy discussion regarding the cost inVOlved; the need
~o huve additiQnal signs erected in the future and the reflected cost in
June 17, 1980
relation to the $15,000 allocated by the "Florida Boating and Improvement
Program", and Commissioner Wimer stated that he does not think that lower
bids will te forthcoming unless the speCifications are changed. Mr.
Wilcox said that he cannot ~ive any information to the Board regarding
whether or not the bid by Mr. Ackerman is high or low. there was some
difficulty in getting any bids at alli and these Signs are mandatory
in order to implement the relative Ordinance, as mentioned earlier.
Commissioner Archer withdrew his motion. because of the lack of
support for rejection, and Commissioner Pistor withdrew his second.
Commissioner Wimer moved, seconded by Commissioner Brown and carried
3/2, with Commissioner Archer and Wenzel opposed, that Bid '421 be
awarded to J.L. Ackerman, in the amount of $14,500 for the installation
of "No-Wake" signs at six locations within Collier County.
8ID #425, FOR FULL ELEVATOR MAINTENANCE SERVICE AWARDED TO WEST COAST
ELEVATOR IN THE A~10UNT OF $350.00 PER MONTH/$4,200 ANNUALLY
Legal notice having been published in the Naples Daily News on
I~JY 19 and 20, 1980 as evinenced by Affidavit of Publication filed with
the Clerk, bids were received until June 11. 19BO for full elevator
maintenonce service.
Commissioner Wimer moved, seconded by Commissioner Archer and
carried unanimously 510, that Bid #425 for full elevator maintenance
service be awarded to West Coast Elevator in the amount of $350 per monthl
$4,200 annually, as recommended by the Bid Review Committee.
COUNTY TO CEASE USING "IN HOUSE" PERSONNEL RE CONSTRUCTION OF BALL FIELD
AT ~1ARCO ISLAND - BID DOCUMENTS TO BE PREPARED FOR SUBMISSION OF PROPOSALS
FROM LOCAL VENDORS RE SANE
CI.
Commissioner Wimer moved, seconded by Commissioner Pistor and
!;\ '''i
carried unanimously 5/0, that the staff recommendat'1on to cease using
t.+
"in house" personnel re the construction of the ball field on Narco Island
It
and that the proper bid documents be prepared for',:.~Ubmiss ion of proposals
from local vendors be approved. f I
tl
'~OOK 053 PACE 670
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'BOOK Ofi3 PAGE671
June 17, 1980
PERMISSION GRANTED TO WALTER & JEAN WHIPPLE TO PLACE A TRAVEL TRAILER
ON LOT IN GOLDEN GATE ESTATES DURING THE TIME OF CONSTRUCTION OF A
RESIDENCE FOR PERIOD OF 90 DAYS, WITH THE OPTION TO REAPPLY FOR AN
EXTENSION
Commissioner Wimer moved to adopt the staff recommendation to
grant permissiQn to Walter and Jean Whipple to place a travel trailer on
a lot in Golden Gate Estates while they are constructing a residence, for
a Deriod of 90 days, with the option to come back before the Board at
that time to reapply for an extension. Commissioner Brown seconded the
motion.
Commissioner Wimer clarified his motton as intended to allQw the
Whipples to use the travel trailer as a temporary safeguard, whereby they
will have a place to store materials inside and be able to lock it up.
He asked Zoning Director Jeffory Perry to explain this to anyone who
applies for this permission. He added that he does not intend the motion
to approve the travel trailer as a residence.
Upon call for the question the motion carried unanimously 5/0.
RESOLUTION NO. BO-122 CORRECTION OWNERSHIP OF SUBJECT LOT IN RESOLUTION
NO. 80-102 FOR RECOVERY OF FUNDS FOR ABATEMENT OF NUISANCE ON LOT 9,
BLDCK C. LITTLE HICKORY SHORES - ADOPTED .
Commissioner Wimer moved, seconded by Commissioner P1stor and carried
unanimouslv 5/0, that Resolution No. BO-122, correcting the ownership
of the subject lot in Resolution No. BO-102 for the recovery of funds
for an abatement of a nusiance on Lot 9, Block C, Little H1ckorv Shores
be adopted, as recommended by staff.
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June 17, 19110
CETA PUBLIC SERVICE EMPLOYMENT POSITIONS PRIORITY LIST APPROVED;
PROGRAM AGENT STATUS ELECTED; CHAIRMAN AUTHORIZED TO NOTIFY THE
BALANCE OF STATE PRIME SPONSOR
Pursuant. to County Hanauer Norman's explanation, Commissioner Wimer
moved to Accept staff recommendations and to approve the CETA Public
Service Employment Positions Priority List; to elect the status as
Program Agent for CETA FY 1981; and to authorize the Chairman to notify
the Balance of State Prime Sponsor of this action. Commissioner Archer
seconded the motion which carried 4/1, with Chairman Wenzel opposed.
POSITION OF ADMINISTRATIVE SECRETARY AUTHORIZED FOR PUBLIC SAFETY
ADMINISTRATOR'S OFFICE
Commissioner Wimer moved to accept staff recommendations and to
authorize t~e creation of the position of Administrative Secretary for
the Public Safety Administrator's office. Commissioner Brown seconded
the motion which carried 4/1. with Chairman Wenzel opposed.
20 CONTRACTS FOR SUMMER RECREATIONAL SUPERVISORS FOR THE PARKS AND
RECREATION DEPARTMENT APPROVED FOR CHAIRMAN'S SIGNATURE
Commissioner Wimer moved, seconded by Commissioner Pistor and
carried unanimously 5/0, that 20 contracts for summer recreation~l
superviSQrs for the Parks and Recreation Department be approved for
the Chairman's signature.
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800K 053 PACE 674
BOOK
053 PAGE 695
June 17, 19BO
REPORT BY COMMISSIONER BROWN ~E FISH & GAME COMMIS$IOH NOTIFYING
HIM OF AVAILABLE GRANT MONIES FOR CONSTRUCTION OF PIER ON LAKE
TRAFFORD; PARKS AIm RECREATION DIRECTOR TO INVESTIGATE AND REPORT
flACK TO BOARD
Commissioner Brown reported that he has been contacted by the
Fish and Game Commission regarding possible grant monies that may
be available for the construction of a pier on lake Trafford. He
said that he was told the grant monies were available from the State
level and he asked Parks and Recreation Director Rollie Rice if he
hilS heard of any such available grants?
Mr. Rice said that he has not heard of any grants other than one
that would be similar to that which has been applied for regarding the
construction of the Tiger Tail Beach Park, which must be matched by the
County. Commissioner Brown said that he was told that this particular
grant will not CQst the County anything, and that he would like to see
Mr. Rice look into the matter further and report back.
REMAINING 6 ~lONTHS CONTRACT FR011 APRIL 1, 1980 TO SEPTEMBER 3D, 1980
',il TII DAV IS ~'ETER AND SUPPLY RE COLD WATER METERS FOR COUNTY WATER/SEWER
D1VISION-APPROVED
Commissioner Wimer mQved, seconded by Commissioner Pistor and carr~ed
unanimously 5/0. to approve the remaining 6 months contract from April 1,
1980 to September 3D, 1980 with Davis Meter and Supply re cold water meters
for the County WaterlSewer Division, as recommended by Util ity Director
Borzon.
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June 17, 1980
EXISTING CONTRACT WITH DAVIS METER AND SUPPLY RE 1" CURB STOPS CANCELLED;
BID 1383 FOR FURNISHING FORD 1" BALL TYPE CURB STOPS AWARDED TO UNDERGROUND
SUPPLY COMPANY .
Pursuant to a recommendation from'Utility Director Berzon, Com-
missioner Wimer moved, seconded by Commissioner Pistor and carried
unanimously 5/0, that the existing contract with Davis Meter and Supply,
for furnishing 1" curb stops be cancel1ed~ and, that Bid 1383 for fur-
nishing Ford 1" ball type curb stops be awarded to Underground Supply
Company for the remainder of the fiscal year.
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BOOX 053 rAGE 698
BOOK
U53 PACE 70:1
June 17, 1980
SEWER AREA "B" CONSULTANTS SERVICES RE UTILITY EASEMENTS UNDER CONTRACT
WITH CH2M HILL, PARAGRAPH 2.1.1, DATED 4/6171 - AUTHORIZED FOR ADDITIONAL
EXPENDITURES OF U~ TO $10,000, SUBJECT TO CLARIFICATION BY FISCAL OFFICER
Utility Oirector Irving Berzon stated that he is recommending the
approval of additio~~l expenditures of up to $10,000, for the survey
and other administrative work necessary for acquiring the legal des-
criptions for t:hl' Iltil ity easements in Sewer Area "ll". lie said that thIs
work will be prepared by the Consultants for the subject sewer area,
CH2M Hi 11, and'is a normal function that the consultants carry out in this
instance, as described under Section 2, paragraph 2.1.1, of the contract
with CH21'1 Ilill, dated April 6, 1971.
CommissIoner Wimer ?sked wh~re the monies will be coming from and
Mr. Berzon stated that the funds will come from the same source that all
the engineering is be~ng funded from, that is, from a special tax that
is to be put on the District in question, as authorized back in February.
He said that this tax will be levied as part of the budget for next year,
as a r~.s. T .D. establ ished in the East Naples area. Commissioner Wimer
asked for confirmat:ion that this will be levied this next year and Nr.
[lerzon answered affirmatively. lie added that the first portion of this
tax will be levied in this coming year.
Fiscal Office)' Hall asked when the Ordinance was adopted and r~r.
Berzon answered February of this year. He said that the County will begin
recouping the costs of the project in Sewer Area "B", over the next
three years, and the first portion of this will begin this year.
Fiscal Officer Hall suggested that he follow this matter through, as
he does not remember seeinj this on the Property Appraiser's list for
this year.
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Commissioner Archer left the room - Time: 4:00 p.r~.
."
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There was some confusion regarding the time elements regarding
implementation of M.S.T.D.'s and the cutoff date for accepting material
as far as the Property ^ppraiser's office is concerned in order that he
June 17, EmU
may have his assessments prepared by November of each year. Fiscal
Officer Hall said that although he is pretty sure this M.S.T.D. expendi-
ture and the relative levYlng of the taxes are timed properly as alluded
to by ~lr. Berzon ~'irlier, he will still check out all the aspects of this
matter.
Corrrni5sioner Wimer moved to approve thl'l consultant's worj( r'i'!J1\rrl1n!J
field work and administrative duties as part of the contract with CH2M
Hill, recommended by Mr. Berzon, for an amount of up to $10,000, subject
to clarification of all the facts by the Fiscal Officer. Commissioner
Pistor seconded the motion which carried 4/0, w~th Commissioner Archer out.
EXPENDITURE OF UP TO $1,000 FOR TITLE SEARCHES RE SEl4ER AREA "B" UTILITY
EASEMENTS - APPROVED
Utility Director Berzon explained that the expenditure of up to
an additional $1,000 for title search expenses relative to the Sewer
Area "B" utility easements was not included in the expenditures that
were outlined in the $10,000 just approved and he requested that the amount
of up to $1,000 be authorized for t.his purpose, to come from the same
source of funds.
Commissioner Wimer asked who does this work and Mr. Berzon said
that it is handled through the title search department of Lawyers
Abstract.
Commissioner Wimer asked Mr. Berzon if the Board has any choice and
r~r. Berzon answered that the only choice that the Board has is possibly
to go to another iitle Company.
Commissioner Wim~r moved, seconded by Commissioner Pistor and carried
4/0, with Commissioner Archer out, that up to $1,000 be authorized for
title searches re Sewer Area "B" utility easements.
CONSIDERATION OF ADOPTION OF A RESOLUTION RE WATER REVENUE BOND ISSUE
FOR A WATER SYSTEM IN GOODLAND - DEFERRED TO 7/8/80
Pursuant to a recorrmendation of County Attorney Pickworth regarding
the consideration of adoption of b resolution re Water Revenue Bond
issue for construction of a water system on Goodland, the matter was
deferred to July 8, 1980, to allow time for the relative resolution to
be drawn and studied prior to consideration.
BOOK 053 fACE 702
5'!J ,,-
13 00 I(
June 17, 1980
AGREEMENT WITH DEVELOPER OF U1PERIAL GOLF ESTATES FOR CONSTRUCTION OF
SEWER FORCE /1AINS TO CONNECT DEVELOPMENT WITH COUNTY SEWER SYSTEM -
AUTHORIZED FOR CHAIRMAN'S SIGNATURE
County Attorney Pickworth said that about one year ago, the
developer of Imper~al Golf Estates entered into an agreement with the
County, whereby they were allowed to construct a sewage treatnt~nt plant
to sp.rvp. said development until such time as they hook into the County
sewer system in North Naples. Mr. Pickworth said that this agreement
also provides ~or the package treatment plant being temporary, with
certain capacity limits.
The developer of Imperial Golf Estates has sold a tract of land within
Imperial Golf Estates to East Bay Development Corporation for the construction
of a condominium, and the DER has required that in order for the Imperial
Golf Estates to prol,dde service to this condominium which will have
approximately 41 units, the County must limit the issuance of building
permits in the development to no more than 55 residential connections to
the sewage system, until the force mains are constructed out to and along
US 'ii. Lu Shures Avenue where it will hook up to the County's sewer system.
Mr. Pickworth said that he does not believe that this will cause
any hdrdship Qn the developer. as there are only a few houses in the
development at this time.
He sa id thaL what he is requesting today, is the authorization for
the Chairman to sign an amendment to the first agreement with Imperial
Golf Estates that will provide for the County only issuing 55 building
permits for the development until the developer constructs the force
mains described earlier. He said that it also provides that the developer
begin construction of these force mains within 4 months of the execution
of this agreement; dnd if he fails to do this, then the County can require
the develQper of the condominium to construct these lines, and they would
have the right to deduct from their mortgage payment, the amount necessary
to do so.
CQmmissioner Pistor moved, seconded by Commissioner Wimer and carried
4/0. with Commissioner Archer out, that the Chainman be authorized to
execute the agreement with the developer of Imperial Golf Estates as
described by County Attorney Pickworth.
Bao~ 053 PACE 707
June 17, 1980
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Commissioner Archer returned - Time: 4:10 P.M.
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CONSUL TANT ROBERT PlJTRIE HIRED TO HOLD ~1ANAGEMENT COURSE AT COST
OF APPROXIMATELY $1,900 TO $2,000
County AtLurney PidwurLh r~~orted that the Publ1c Employee Rela-
tions CQmm1ssion has issued an order to hold an election within 45
days of June 4. 1980, regarding the acceptance by County employees of
the Union. He said that in the past, the County has hired Robert
Putrie, a management consultant, to hold a management course on how to
effectively deal with employees, adding that he feels this couse has
been most effective.
Mr. Pickworth suid that the cost will be ap~roximately $1,900
to $2,000 and the money is presently within the Attorney's budget, under
contl"actual legal services. In answer to C0l1'l111ssioner Wenzel, Mr. Pick-
"~0rth sa id that the advantage to thi s program over one addressad to the
employees is that the key to whether a union wins an election or not is
hased on the supervisors; specifically, the extent to which they get
involved, and the extent to which they are effective in talking tQ their
employees about this. He explained that it is not just a matter of super-
visQrs campaigning against ~ union; it is how supervisors treat an employee.
County Manager Norman said that one important aspect of this deals
with the possibil ity of an "unfair labor practice" suit being charged.
He said that sometimes, in their zeal, supervisors may intimidate or
influence employees in a manner that may leave the County open for being
1 iable for such a charge. r'\r. Pickworth agreed, adding that the money
spent to avoid such a thing happening will be far less than what it could
cost if such a charge is filed against the County.
Co~nissioner Wimer moved, secQnded by Commissioner Brown an~ carried
unanimously 5/0, to accept Mr. Pickworth's recommendation and hire Robert
Putrie to hold the management course at a cost of approximately $1,900
to $2.000.
"
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.June 17, 1!:h.u
LETTER OF SUPPORT RE S.W.F.R.P.C. AREA-WIDE HOUSING OPPORTUNITY PLAN RE
HUD ASSISTANCE AUTHORIZED INDICATING COLLIER COUNTY'S INTENT TO PARTICI-
PATE IN SAME PLAN
Mr. William Horner, of the Southwest, Florida Regional Planning
Council, explained that the A.H.O.P. (Area-wide Housing Opportunity
Plan) is a strategy proposed by HUD, and developed using HUD guidelines
and regulations, for the purpose of fair and consistent allocation of
housing assistance within the Region.
He said that all Community Development Administrators, Planning
Departments, Housing Authorities, and local communities that do not have
a Planning Department have been contacted Region-wide and that, along with
the relevant officials from each jurisdiction within the Reaion, all
the~e entiti~s have been included in the development of the goals for
h0using assistance found within the A.H.O.P.
Mr. Horner added that the SWFRPC has followed the general criteria
for acceptable plans to develop the Plan. He said that the first require-
ment was that there be "needs assessment", using a common consistent
method Region-wide, dnd all existing housing plans were studied. He
said that the SWFRPC has fQund that various community development ~lock
grant programs use different methOdologies in making this determination.
and that the SWFRPC has tried to incorporate a consistent "across-the-
board" comparable methodology, whereby a realistic assessment would
result, based on thE' existing and projected future housing needs, by
household type, tenure, female head of households, and by percentage of
minority households. He said that after this step, guidelines were
developed for allocation strategy; an allocation formula was developed;
and according to this formula, Collier County, including the City of
Naples and Everglades City, will receive 16.3% of all HUD assistance
coming into the Region, if this plan is approved locally and by HlJD.
He covered several requirements including special numbers that had
to be calculated for each County in the Region and the three cities that
are Central Cities in the SMSA'~ (St~n~ard Metropolitan Statistical
Areas) including Cape Coral; Fort Myers, and Sarasota, that were used to
make these formulas realistic and fair.
I
BOOK 053 PACE 708
BOOK Ub:J PAGE 709
June II, 1980
He said that local jurisdictions must work out their own interlocal
agreements for housing assistance, and what this plan does is re~llocate
all the Federal Assistance that comes into this Region, according to the
objectives of thp A.H.O.P., to provide assistance away from concentrations
of low-income and minority persons. He said that he believes that this
ha~ been ~ccomplished in a fair and consistent manner across the Region.
Regarding implementation activities, Mr. Horner said that most of
these procedures have been taken from Comprehensiv~ Plans or existing Block
Grants, which in most cases are currently being planned. He said that the
requirement for an approvable plan by HUD, is that 50% of the local govern-
ments must endorse the A.H.O.P.; that these 50% must represent 75% of
the people in the Region; and that 10 of the 19 Regions must approve the
Plan, before it ~ill be implemented at the Federal level~
~
He referred to the model letter within the plan entitled "Model
Participation Agreement", and he requested that the ChainNln sign a
letter similar tQ this, in the event that the BCe decides to arprove the
A.H.O.P.
Chairman Wenzel asked if the BeC's execution of such a letter will
cOlrrnit the CQunty to accepting any assistance and Hr. Horner explained that
it will not cQmmit Collier County to accept assistance; however, it will
require the County to conform to the percentage ratios for allocations, and
tWD would base their assistance on these figures, if Co11 ier was to con-
tinue with the Community Block Grant Program or apply for any other HUD
assistance.
Conrni ss ioner Ar\:her equated the A.H.O.P. with the term "stren9th
in numbers" rather than the County facing the issue alone. Mr. HQrner
agreed and added that under this Plan, the County will have representation
on the Regional Committee. He added that under this Plan, if monies that
come into the Region are not fully used by one jurisdiction, then, it is
reallocated to another jurisdiction within the Region, rather than
returning these funds back to the :'ederal level.
June 17, 1980
COIT11lissioner Wimer moved, seconded by Conmiss10ner Pistor and
carried 4/1, with Chainman Wenzel opposed. to approve the Southwest
Florida Regional Planning Council's Ar~a-wide Housing Opportunity Plan
and that the Chairman be authorized to sign a letter of agreement to
participate similar to the model letter within the Plan.
ROUTINE 1l1ll..~lJTHORIZE~ FOR PAY'~ENT
Commissioner Pistor moved, seconded by Commissioner Archer and
carried 4/1, Chairman Wenzel opposed to payment to William Vines re
Golden Gate, that the bills be approved for payment as witnessed by the
following checks issued from June 11, 19BO through June 17, 1980, same
having been processed following established procedures, with funds
availabl e:
ACCOUNT
CHECK NOS.
9
8947-9202
2164-2314
Systems Development Clearing
County Checks
IlCC Payroll - CETA
FISCAL OFFICER TO MAKE RECOMMENDATION RE ELIMINATION OF WEEKLY BOARD
ACTION TO APPROVE THE ROUTINE BILLS FOR PAYMENT
Commissioner Wimer asked if it would be possible to eliminate the
need for weekly Jpproval of the routine bills for payment after they have
been processed through established procedures and when the funds are
available, as is the case each wee~ during the Regular BCe meetinys.
Fiscal Officer Harold Hall said that under the policy that the BCC
has established regarding the purChasing and payment of bills, the process
for the payment of mOst of the bills has become a very tight procedure.
He said the Board could authorize the payments of the routine bills in the
lT~nner Commissioner Wimer has suggested and asked the Board if they would
like him to come back with a written proposal, outlining the procedure
for this authorization?
Commissioner Wimer answered affinmatively, saying that he would like
to see such a recommendation, and there were no ohjectfons offered from
the Board.
r.QQY- 053 pm 710
MOK 053 PAGE 71f
BUDGET AMENDMENT NO. 80-119 FOR TIlE PAYMENT OF CHARGES ON VEHICLE 7135
RE LIBRARY BUDGET - APPROVED IN THE ~~UNT OF $250
June 17, 1980
Commissioner Pistor moved, seconded by Commissioner Archer and
carried unanimously 5/0, that Budget Amendment No. 80-119, transferring
funds within the Library Administration Budget for payment of charges at
the motor pool for Vehicle 7135, be approved in the amount of $250.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BUD GET
AMENDr1ENT
:&/
Requires Board Approval
. D Do'es' Not Require Board Approval .'
, , , . . . . . C.t.r.a.n.s.f..e.r ~i,t.h.i.n :Object cod.e. r..a.ng,e)
FUND
GENF.;R{l.I.
, DEP.T.: . :LJ;B~.Y, ,- ADMINIS'.l'AATION
DESCRIPTION:
Transfer of funds f~om Fuel & Lubricants to Motor Pool Reimburse-
ment to establish Motor Pool Reimbursement object code in current
budget in order to pay the charges on Vehicle 7135, which was
Llcr;uircd in mid-yc<lr and pl.:lccd on motor pool support.
TO (Increase):
Motor Pool Reimbursement
001-571-1-15-86-010-403
$ 250
".
FROM (Source of Funds):
Fuel & Lubricants
001-571-1-15-86-010-521 .--$.250
'.
Fiscal offtcjrq Inoard of County Comm.
APprojj,l: if J./ Approval:
Date: 1(1 u.--'b^' Date: June 17) 1980.
I
BlJDGE'r MIEND.
No. 80-119
OISTRIllUTION: ' 'ff DOllrd Records (Original)
Ficcb.l Officer
DepartmentCs) Affected
, '/7 lIccountinq Department
D Pul'chnsin') CEquip:nQnt. Only)
L:7 Budget Analyst
.Julie ii, J.JCjU
BUDGET AMENDMENT NO. 80-120 TRANSFERRING FUNDS WITHIN PELICAN BAY LIGHTING
DISTRICT BUDGET - APPROVED IN THE AMOUNT OF $28,344 '
Commissioner Pistor moved. seconded by Commissioner Archer and
, .'
carried unanimously 5/0, that Budget Amendment No. 80-120. transferring
funds within Pe11can Bay I & II Lighting District's budget to more
accurately rcflcct the line item to which expenditures should be charged.
be approved in the amount of $28,344.
DOARD OF COUNTY CO~~ISSIONERS
COLLIER COUNTY, FLORIDh
BUDGET
A MEN D't1 E N T
. @ Requires Board Approval . D Do'e's" Not Require Doard Approval
. . . . . . , . . . . . . . . .... . . . . <.t.r.a.n.s.f.e.r ~.~:=.h.i!, ~b.j.ect .co.d.e. r.a.ng.e)
PELICAN BAY I &.11 LIGHTING
FUND LIGHTING, '/.:13E;AUTIFIC' ,'ION .. ,. DEP.T.' .: D.r5';t':p.~C'f
-.
DESCRIPTIO~:
"1
,Trdnsfer of fund!> from Other Machinery and Equipment to Rental
~nd Leases - Equipment, to more accurately reflect the line item
to which the expenditures snou1d be charged.
TO (Increase):
Rental & Leases - Equipment
141-541-1-12-64-040-41\1 $ 2~, 3-l!
FROM (Source of Funds):
Other Machinery & Equipment
141~541-1-12-64-040-643$ 2B,31/
I.
I
I
\
',.
County MgrjDiv.
]IPpr7J/
D.~.tc: (;, -If, ~k>
~TJ
r~
Boord of County Comm.
Approval:
DUDGE'l' MlEND
Date: June 17.. 1980
NoBO-120
In':','rnnUTION: "0 lJoZ1nl Recon's (O.~i'Jin"l)
L:7 Fiscul Officer
D DepartJnent(s) Affected
"g 1Iccounting Dcp.:lrt:::z:lt
purchnsing (Equipm"nt Only)
Dud!Jet 1\nnlyst
--- _.__....~"....,....,..._.. ".
OM" nl:)~ OW 71 ?
MOK
053 PACE 713
June 17, 1980
BUOGET AHENDMENT NO. 80-121 FOR THE PURCHASE OF A TYPEHRITER FOR JUDGE
CARLTON'S OFFICE - APPROVED IN THE ~~UNT OF $864.00
After a brief discussion regarding the cost of the typewriter,
Commissioner Pistor moved, seconded by Commissioner Archer and carried
unanimously 5/0, that Budget Amendment No. 80-121, transfer'ring funds
within Circuit Court Judge Carlton's budget. for the purchase of a new
typewriter be approved in the amount of $864.00.
BOARD OF COUNTY COt-IMISSIONERS
COLLIER. COUNTY, FLORIDA "
. ,
BUD GET '.A MEN D MEN T
.@
. .
Requires Doard Approval 'z:7 Ddes'Not Require Doard Approval
........................... .~~~?~~~~~.~~h~? ?b.ject code rang!
: ., . . .
FUND GENERAl:,.:
: . . . :. DEPoT..: :: CIRCUIT: COUET JUDGE Cl\RL~
DESCRIPTION:
'1'0 transfer funds from Other Salaries and Nages to Office Equipment
dn<l Furnitllt'Cl to purcha'se a new typewriter to'replace the one currentl)
in use.
. "
'1'0 (Increase):
Office Equipment and Furniture
I.
001-516-3-00-~0-040-642
$861\. OC
'"
FROM (Source of Funds) :
Other: Salaries and Wages
OOl-516~3-00-20-040-130
i!!..64 . 0 C
, ,
J'
...
No.
8(
County Mgr/Div. Oir.
l\pprovnl:
Doard of County Comm. DUDGET
1'lpproval:
n.~l'<:,:
Dnte: June 17, 1980
IlXfi'.rHII.lU'rtON, . 'fJ DOllr(\ Recora. (Odglnlll)
Fiscal Officer
Deportment(n) Affected
. 'g 1\cc:ount:in!l Depn1."tm!'lnt
Purchasing (Eq\\ip.nent Or.ly)
DUt1get hnalyst
R..,,_ ''},/17/7<]
Jun~ i/, i~ou
*
*
*
Commissioner Brown left the room - Time: 4:20 P.M.
*
*
*
PROPERTY & CASUALTY INSURANCE SPECIFICATIONS - APPROVED;ADVERTISING FOR
PROPOSALS AUTHORIZED
Fiscal Officer Harold Hall explained that in April of this year,
the Board authorized that the County sign a contract with E.W. Siver
and Assoc., Inc. to develop the County's specifications for requesting
competitive bids for the County's property and casualty insurance. He
said that these specifications have been completed and he is requesting
that the Board approve the advertising for the submission of proposals
by Sep~ember 2, 1980.
He further stated that E. W. Siver and Assoc. will evaluate the
sublnitted proPQsals and prepare a recommendation for the top three firms.
Commissioner Wimer moved, seconded by Commissioner Pistor and
carried 4/0, with Commissioner Brown absent, that the insurance specifi-
cations be approved and advertising for proposals for the County's
property and casualty insurance be authorized.
ADVERTISING AUTHORIZED FOR BIDS RE COUNTY AUDIT FOR FY ENDING 9/30/80
Commissioner Archer moved, seconded by Commissioner Wimer and
carri:d 4/0, with Commissioner Brown out, that the advertising be authorized
for proposals for the County audit for the Fiscal Year ending September 30,
198D, as recommended by the Fiscal Officer.
FISCAL OFFICER AUTHORIZED TO PAY ROUTINE BILLS DURI~G THE PERIOD JUNE 18,
1980 THROUGH JULY 22, 19BO
Commissioner Archer moved, seconded by Commissioner Wimer and
carried 3/1, with Chairman ~enzel opposed t~ any payment to William
Vines re Golden Gate and Commissioner Brown out, that the Fiscal Officer
be authorized to pay the routine bills during the period June 18, 1980
through July 22, 1980, which have been processed in accordance with
established policies.
I
~o~~m
June 17. 1980
BOOK 053 PACE 715
CHAIRMAN AUTHORIZED TO SIGN APPLICATION FOR PERMIT RENEWAL FROM THE
DER RE CARNES TOWN TRANSFER STATION
Commissioner Archer moved, seconded bY'~1ss10ner P1stor and
carried 4/0, with Commissioner Brown out. tiWthe Chainnan be authorized
tQ sign the application for permit renewal from the DER for the Carnestown
Transfer Station.
"
"
"
"
"
"
"
"
June 17, 19BO
l'lOCX
053 PAGE 723
CHAIRMAN AUTHORIZED TO SIGN CERTIFICATES OF CORRECTION TO TAX ROLL AS
SUBMITTED BY THE PROPERTY APPRAISER'S OFFICE
Commissioner Archer moved, seconded by Pistor and carried 4/0,
with Commissioner Brown out, that the Chairman be authorized to sign the
Certificates of Correction to the 1979 Tax Roll as submitted by the
Property Appraiser's office:
TANGIBLE PERSONAL PROPERTY
NUMBER
1979 - 200-202
1979 - 205
DATE
June 6, 1980
June 10, 1980
*
*
*
Conrnissioner Brown returned - Time: 4:25 P.M.
*
*
*
EO OATES REAPPOINTED FOR 4-YEAR TERM ON COASTAL AREA PLANNING COMMISSION
PlJrSIJant t.o finding a typographical p.rror, whp.reby Mr. F.d OiltP.S Wil~
inadvertently not brought befQre the Board for consideration of reappoint-
ment to the CAPC, Administrative Aide to the Board Mary Morgan explained
that ~1r. Oates' term expired Qn 2/2B/BO and, because he is a representative
fl'om District I, Commissioner Pistor is recommending his reappointment
for another 4-year term.
Commissioner Pistor moved, seconded by Commissioner Archer and
carried 4/1, with Chairman Wenzel opposed, that Mr. Ed Oates be reapPQinted
to the CAPC for a 4-year term to expire 2/28/84.
REQUEST BY CRAIG MEFFERT FOR A WAIVER OF THE TIME STIPULATION REGARDING
REAPPLICATION FOR A REZONING - DENIED
Following an explanation from Ms. Morgan that a letter dated
6/10/80. has been received from Wilson, Miller, Barton, Soll, and Peek,
Inc., representing Craig Meffert, indicating that Mr. Meffert is requesting
a waiver from the time stipulation of Section 48-9.8(1 and 2), as permitted
under Section 48-10 of the Collier Cvunty Zoning Ordinance, regarding a
rezone petition that was denied to Mr. Meffert, and his intent to request
approval of a PUD for the same lands, there was some discussion regarding
the time requirements for reapplying for such a rezone, during which
I
I.
June 17. 1980
Community Development Administrator Terry Virta said that the original
petition filed re Mr. Meffert's land, was for a straight rezoning; that
it met a lot of opposHion; and that Mr: Meffert now plans to request
approval of a PUD, with the frontage along the trail to remain commercial.
He said that ~\r. Meffert feels that objections raised by the oppos1tion
to the first petition may be eliminated by new ingress and egress
points off of the trail.
Commissioner Pistor expressed concern regarding the proposed rezon-
ing to PUD from Commercial for the subject property located in the Myrtle
Cove area. Mr. Virta said that he is somewhat reticent to recommend
that the Board grant the waiver, as there apparently is somewhat of a
block between the neighboring residents and Mr. Meffert regarding this
property. Commissioner Archer asked if this is in the same area where
the residents are getting a petition together to request rezoning that
a~ea to resldent1al? Mr. Virta answered affirmatively.
Commissioner Archer said that he would like to table this until
such time as a full report can be made to the Board, and County Manager
Norman suggested that a motion be made that the BCC will consider this
provided that the petitioner meets with the concerned citizens and he
can provide some kind of proof that the residents will accept the proPQsed
change.
Cha i J'llIall ''';ellle I 5a i d tha t he prefers to have a motion to deny the
waiver, then ~'r. Meffert can go to the c1tizens and work this out.
Commissioner Pistor moved to deny the request for a waiver regarding
the time regulations within the Zoning Ordinance for reapplication of a
rezoning when the first petition is denied. (This motion died for
lack of a second.)
Mr. Virta said that he thinks the reason for a time limit within
the Ordinance is to preclude this problem, specifically having a rezone
petition coming right back to the Board and having the residents who protested
the first time feel that they have to come to the Board constantly to
defend their position. He said that it is staff's feeling that in this
case no time waiver should be granted.
Chairman Wenzel motioned to deny the request for a waiver of the
time regulations within the Zoning Ordinance, regarding reapplication of
~ rploning pprmit on land that has been petitioned for and denied a
"'I~ '" ~.r j : _..... . I,: l, ^ '" ,~,_
I
.
BOO~ U~J rACE It:;)
June 11, l~tiU
APPLICATIONS SUBMITTED RE SEAT ON CHARTER COMMISSION
Administrative Aide to the Board Mary Morgan reported that there
have been thirty resumes received from residents that are interested
in being appointed to serve on the Charter Commission.
Chairman Wenzel asked if they have been submitted to the Screening
Committee and r~s. l~organ answered aff1nnatively.
Commissioner Archer stated that anyone that is interested, has
until Friday, June 20, 19BO to submit them.
COUNTY TO PAY ELECTRIC BILLS FOR OPERATION OF PACKAGE TREATMENT PLANT RE
TRAFFORD PIllE ESTATES UNTIL JULY 8, 1980 MEETING; FURTHER CONSIDERATION
OF THE SITUATION TO TAKE PLACE THEN
County Attorney Pickworth said that Lee County Electric was going
to cut off the electricity to the Trafford Pine Estates package treatment
plu~t last Thursday morn;ng, and at that time he worked out an arrange-
ment with them that the County will be responsible for the bill for the
next two weeks in order to keep the plant open to serve the residents in
that ~ubdivision.
I~r. Pic.:kworth said that the County will probLlbly join the DER in a
suit against the developer in the next few days. He said that he would
like his actions ratified, and in answer to Commissioner Archer, he said
that there are ninety-six units in the development that require service.
He said that the CQunty has stopped any further development in the sub-
divisiQn. however, his concern lies with thvse peQple already living
there.
Chairman Wenzel asked if a taxing district could be set up to CQver
expenses related to the operation of the plant and Mr. Pickworth said
that the County could, however, he feels there are better ways to handle
the problem. He said that he favors working the prOblem out with the
Sewer District but, in the meantime, the electric bills must be paid.
Conmissioner Archer moved to pay the electric bills for two weeks
related to the operation of the package treatment plant in Trafford Pine
Estates and Commissioner Wimer seconded the motion.
Mr. Pickworth suggested that the motion include the provision to
pay the subject electric bills up to the July 8, 19BO BCC meeting, at
,
which time the Board can decide what further action may be needed.
June 17, 19BO
Both the maker and the seconder amended their motion, to include
the ~rov is ion that the subject electric bills be paid through July 8, 1980.
The motion carried unanimously 5/0.
Ther2 was some discussion regarding the creation of taxing districts,
and Chairman Wenzel suggested that a study be made regarding the establish-
ment of such districts to start to pay for some of the services being
paid by the County. Commissioner Archer said that there is no need for
a study; that legislation allows for the creation of such district; and,
all that is needed is to identify the boundaries and establish the 11STD's
for a specific purpose. Mr. Pickworth agreed that is the case if it
is decided that it is the best way to handle the problem. Commissioner
Archer said that MSTD's will have to be created as a result of all the
problems related to the "double taxation" situation. Mr. Pickworth agreed,
however. he said, that in regards to the aforementioned plant, he will
work towards the takeover by the Immokalee Water/Sewer District.
Commissioner Archer asked County Engineer Barksdale if his Depart-
ment has the necessary equipment and people to test the subject plant?
Utility Director Berzon answered that there will have to be a contract
to do such testing. r~r. Pickworth said that as far as he knows, there is
no problem with the operations at the plant; only the DER specifications
in that the electric bill is not being paid and the plant may be shut
down. He said that he is not aware of any operational deficiencies.
SHERIFF'S BUDGET RE FISCAL YEAR 19BO-B1 SUBMITTED FOR THF. RECORD
The Collier County Sheriff's budget for Fiscal Year 1980-81 was
accepted for the record.
BOOK 053 PACE 726
BOOK U::>J PAGE./,8
25.
Letter dated June 9, 1980 from Joseph A.
Leadabranu, Isles of Capri Civic Association,
requesting the subject of Williams Marina/Snook
Bay be placed on the Bce agenda for 6/17/80 -
Filed.
26. Letter dated June 10, 1980 from Roland H.
E~stwood, Executive Director, SWFRPC, requesting
that a discussion of the Southwest Florida Area-
wide Housing Opportunity Plan be placed on the
BCC agenda for June 17, 1980 - xc County Manager;
and filed.
27. Departmental Reports for May, 1980 from I (Filed)
A. Building Department
B. Collier County Free Public Library
28. Various issues of Journal of The Senate and
The Journal of the House of Representatives -
Filed.
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair - Time: 4:35 P.M.
BOARD OF COUNTY COMMISSIONERS/EX
OFFICIO GOVERNING BOARD(S) OF SPECIAL
DISTRICTS UNDER ITS CONTROL
~~
ATTEST:
,
'"