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BCC Minutes 10/07/1980 R ....... L:t L___.t Naples, Florida, October 7, 1980 LET IT BE REMEMBERED, that the Board of County C~,~issioners in and for the County of Collier, and also act.ing as the GoverninQ Board(s) of such spe~ial dlJtricts as h~ve been created according to law and having conducted business herein, met on this date at 9:00 A.M. in Regular Session in BuildinQ "F" of the Courthouse Complex with the following members present: CHAI RMAN : Clifford Wenzel VICE-CHAIRMAN: Thomas P. Archer John A. Pistor C. R. "Russ" Wimer Da"id C. Brown ALSO PRESENT: Willian, J. Reagan, Clerk; Harold L. Hall. Chief Deputy Clerk/Fiscal Officer; Edna Brenneman, Dep~ty Clerk; John Walker, J\~,sistant County Manag<;!r; Donald A. PicKwoL'th, rounty Attorney; Irving B~rzon, Utilities Division Director (10:10 A.M.); Terry Virta, Community Development Administrator; Clifford Barksdale. Publi c WorkF. Administrator; Thomas Hafner, Public Safety Administrator; Jeffory Perry, Zoning Director; H.G. Hilletf.:, Administrative Aide to C0unty Manaqer; Mary Morgan, Administrative Aide to Board of COWlty Commissioners; Lee Layne, Planner; ~anny Crew, Planning Director; and, Deputy Chief Raymond Barnet.t, Sheriff's Department. October 7, 110 AGENDA - APPROVED ~~DDrTIONS/DELETIO~ Commissioner Archer moved, seconded by commissioner Vistor and un~mouslY carried, that the aQenda be approved with t:he following additions and del'~10n: 1. Presentation by Tax Collector A. P. Ayers of check representing return of excess fees - Added. 2. Consideration of request for Gun Permit for Arthur E. Rousseau - Added. 3. Approval of minutes of Regular Meeting of Soptember. 9, 198:J - Deleted.. 4. Discussion of excessive ~oise in the Im~ckalee area in emlnection with drilling opera~luns - Added. MINUTES OF REGULAR MEETINGS OF AUGUST 26 AND SEPTEMBER 2, 1980 AND SPECIAL MEETING OF SEPTEM8ER 3, 1980 - APPROVED Corrunissioner Archer mo"ed, seconded by Conunissioner Pistor and unanimously carried, that the minutes of the Regular Meetings of August 26 aDd September 2, 1980, and of the Special Meeting of September 3, 1900, be approved as presented. RESOLUTION 80-210 RECOGNIZING THE EFFORTS OF COMMISSIONER ARQtER IN THE DEVELOPMENT OF COMPREHENSIVE DISASTER PREPAREDNESS PLAN - ADOPTED Upon motion by Commissioner Brown, seconded by Commissioner Pistor and unanimously carried, Resolution 80-/.10 recognizing the efforts of r.orrunissioner Archer in the development of a Comprehensive Disa~ter Preparednes~ Plan was ad~PteJ. IWW ll!iR UlrC' n5" October 7, 19t!u ORDINANCE 80-97 RE pETITION R-80-25C, CARTER BRYAN A~D JIMMY KALLACE, REQtjESTING REZONING FROM "A" TO "CI" FOR PROPERTY LOCATED IN 511, T49S, R25E - ADOPTED, PURSUANT TO STAFF STIPULATION; PETITIONERS' AGREEMENT TO STIP~qN - AC~D LeQal notice having been published in the Naples Daily News on September 5, 1980 as evidenced by Affidavit of Publication fiJ~d with the Clerk, public hearing ",as opened to consldel" Petition R-80-25C, filed by Messrs. Carter Bryan and Jimmy Wallace. requentinQ rezoninQ from "A" Agriculturf' to "CI" COIMl~rcial Industrial for property located in Section 11, Township 49 South, Range 25 East. Planner Lee Layne luc~ted the subject parcel on the map provided, noting tha~ i~ is on the east side of EdQew90d Drive, approximately 1200 feet north of Pine Ridoe Road, and said the purpose for the rezoning request is to develop t.he property for residential mini-storage use. It was tho staff recommendation, reported Ms. Layne, ~hat the petition be approved subject to two stipulatior.s - one concerning review of the final site drainage plan, and. the other that 10 feet dlullY Lhe west edge of the property be reserved for future public right-of-way. The latter stipulation was deleted sin~e it was determined by the Coastal Area Planning Commission that the survey shows the road has a 60-foot width which is the amount of land needed for a road in the particular area. It was the CAPe recommendation that the petition be approved with the following stipul~tion: 1. Final site drainage plan to be submitted for review ~ld approval by the County Engineer prior to the start of dny construction. There wer.e no udditional COI1UTI\;nU: fort"lC<>Tning, whcrct:pon Commissioner l\rcher moved, seconded by Cornmisflioner Pistor and unanimOUSly carried, that the 9ublic hearing be closed. Commi.ssioner Archer moved, seconded by COlnrnissioneT:' F...,'tor and unanimously carried, that the Ordinance, as numbered and entitled below, be adopted and entered into Ordinunce Book No. 12. ~oaK 056 !'~~ 10 October 7, 1980 ORDINANCE 80-98 RE PETITION R-80-26C, OUR SAVIOR LUTHERAN CHURCH, REClUES'rING REZONING FROM "A" TO "RS-2" FOR PROPERTY LOCATED IN 525, T485, R25E - ADOPTED PURSUANT TO STAFF STIPULATION; PETITIONER'S AGREEMENT TO ST!PULATION - ACCEPTED Legal notice having been publis~ed in the Naples Daily News on September 5, 1980 as evidenced by Affidavit of Publication filed with the Clerk, public hearinQ was opened to consider Petition R-80-26C, filed by Thomas K. Casebolt for Our Savior ~\!the>:an Church, requesting rezoning from "A" Agriculture ~o "HS-2" Single F'amily, for property located in Section 25, Townsh.ip ,113 :>oul:l1, aanfJc 25 ";ast. It was pointed out b~ Planner Lee L~yne that the rezoning is bein<;1 requested in order to construct a parsonage accessory to the existing church, said property located at the northeast corner of Alrport Roa~ and Curling Avenue, at Four Seasons $ubdivinion. During the Coastal Area Plannin<;1 Commission meeting on september 1\, 1980, durj_ng which the ';'E:!tition was discussed, the question arose as to why the rezoning is needed, said Ms. Layne, and it was pointed out that the property is presently zoned "A" and contains less than five acres of land. which makes it non- cnnfonnlnq. Such non-conformity would not allow any expansion of existing uses or buildings, c~ntinued Ms. Layne, and it is the staff recommendation, concurred with by the CAPC, that the l'ezoning request be approved subject to the following stipulation: 1. Th~ final site drainage plan to be reviewed by the County Engineer prior to construction. There were no persons in attendance indicating a desire to address the issue, whereupon Commissioner Brown moved, seconded by Conunissioner Archer and unanimously carried, that the public hearing be closed. Commissioner Brown mOVf'!n: !,<pr'nnn",n ,.,~ C'0!!,,,,,!!:,!:,j0~oe:::- P!~tc,:: and unanimOUSly carried, that the Ordinancp., as numbered and rntltled below, be adopted and entered into Ordina~ce Book No. 12, .4, _ __.... ~ octobet'i;f~ 1980 pursuant to the above-referenced stipulation, and that the Petitioner's Agreement to the stipul~tion be accepted. ORDINANCE 80 - 98 AN O~INANCE AMENDING ORDINANCE 76-30, THE COMPREHENSlVE ZONING REGULATIONS FOR TilE UNINCOP&ORATF.D AREA OF THE COASTAL AREA PLl\NNING DISTRICT BY AMENDING TilE ZONING ATLAS MAP NUMBER 48-25-7 BY CHl\NGING THE ZONING CLASSIFICATION OF THE FOLLOWING DESCRIBED PROPERTY FROM "A" AGRIClJLTURE TO "RS-2" SINGLE FAMILY: A PORTION OF TilE N 1/70 OF THE SW 1/4 OF TilE NW 1/4 OF SECTION 25, T48S, R25E, AND BY PROVIDING AN EFFECTIVE DATE ',~ .") " ." 1 ',' ..' " , . October 7, 1980 RESOLUTION 80-211 RE PETITION PU-80-12, OUR SAVIOR LUTHERAN CHURCH, REQUESTING PROVISIONAL USE (3) of "RS-2" ZONE FOR CHURCH ON PROPF.R~ LOCATED IN S25, T48S, R25E - ADOPTED PURSUANT TO ~TIPULATr~N: PETITIONER'S AGREEMENT TO STIPULATION - ACCEPTED; CAPC FINDING OF .Fj\CT - FI LED F.QB THE RECORD It was explained by Planner Lee Layne that Petition PU-30-12 i3 a companion petition to Pp.tition R-80-26C, upon which the Board has taken affirmative action, and is for the purpose of seeking approval for a church on property located at the northeast corner of Airport Road and Curling Avenue, at Four Seasons ~ubdivision, ~aid petition having been filed by Thomas Casebolt, representing ." Our Savio.C' Lutheran Church. Ms. Layne informed the Board that during the Coastal Area PlanninQ Commission public hearin<;l held on September 4, 1980, with regard to the ~ubj~ct petition, the question arose as to the necessity for the provisional use request since the church 1s already existing. It was pointed out at this time, by the staff, said Ms. Layne, that the church may have been permitted under previous zoning regulations but that no record can be fow1d of such permis::lion. To prevent the question from coming up again as to whether the ~hurch can expand in the future, Ms. Layne said it was felt by the staff that rhe protection of the provisional use approval with a resolution on file would make the record clear. The p~tition is being reco~nended for approval, she continued. with the stipulat.ion t1:lat any f.uture expansion of the ch'Jrch would be subject to siJ:e plan review. Commissioner Brown moved, seconded by Commissioner Pistor and unanimously carried, that llesolution 80-211 wit,!', reg,ird to Petition PU-80-12C, as detailed above. be adopted, subject to the a[orementi oned stipulation; that the Peti tior~er I s Agreement to the sti,pulation be accepted; and that the CAPC Finding e'l: FaQt be filed for the record. A V nt:n 'A,.., October -/, l~HHJ PETITION SMP-BO-3-C, COASTAL ENGINEERING REPRESENTING NORTH NAPLES INDUSTRIAL PARK, REQUESTING SUBDIVISION MASTER PLAN APPROVAL FOR PROPERTY IN S20, T48S, R25E - APPROVED SUBJECT TO SUBDIVISION REVIE\ COMMITTEE STIPULATION AND INCLUDING EXCEPTION TO SUBDIVISION REGULA~ Legal notice h~ving been published in the Naples Daily News on September 21, 1980 as evidenced by Affidavit of Publication file( with the Clerk, public hearing was opened to consider petition SMP-BO-3C, filed by Coastal Engineering for North Naples Industrial Park, requesting Subdivision Master Plan approval for an industrial park in Section 10, Township 48 South, Range 25 East, lying ])otwoen old U.S. 41 and the ACL Railway. Planner Lee Layne reported that the Subdivision Review Committ, reviewed the petition at their meeting of August 20, 1980 and ap- proved the cequest with the following stipulation: 1. Outfall location to be determined at the time of final plat approval. It was 3180 noted by Ms. Layne that the petitioner was also granted the fol) OI"i n'J cxcept.i OJ) tol:hr~ ~;lJhdi.vif;:i,on R('(jll) nti OJ)!;: 1. Road right-oE-way shall be 40 feet anu the pavement width 20 feet except ilt the entrance where l:he pavement widt,h would be 24 feet. Representing the petitjoner was Kris Dane, of Coastal Engi- neering, who stated he was present to respond to questions, if any, from the Board. Commissi oncr Archer moved, seconded by C(llomis:1ioncr pi nt:or and carried unanimously, that th~ public hearing be closed. Commissioner Archer muved, seconded by Commissioner I3rown and carried unanimously, that the Subdivision Master Plan for the North Naplc~; JndustriClJ Park, as ~;et forth in l'(~Ut.ion S~jJ>.,UO'.)C, be approved subject to the aforementioned stipulat:ion and Id t:h the exception of the Subdivision Regulations, as noted. '"'"\ "",." .. '" 101< U56 rACE 2U October 7, 1980 PE':'ITION V-30-',3C, m THI VU, REQUESTING A 2lj' VARIANCE FROM THE BF;.QUIRED SID_E--XABD REQUIREMENT IN liE" ZONING DISTRICT - DENIED Legal notice having been published in ~he Naples Daily News on September 21, 1980 as evidenced by Affidavit of Publication filed with the Clerk, puulic hearing was opened to consider Petition V-80-13r., filed by Mi Thi'Vu, requesting a 2lj foot variance to the side Yard setback requirements in the "E" Estates District for prop~rty located in Tract 23. Unit 30, Golden Gate Es til tes . Referring to the Executive Summary with regard to the matter dated September 22, 1980, Zoning Director Jeffory Perry reviewed the reasons why a variance is being requested, together with the staff findings \~hich have resulted in a recommendation for denial ')1: th,~ peti.tion. l-le explained that', th(~ maximum buildinq area width n" the :i11bject lot is 60 feet and. since the house rr.ei,.:;ures 62'.1" at the widest point, there is a 2'4" encroachment. The house in question was moved from a m"opl "f'>nt:pr to thp I::itp., s"io Mr. Perry, and has been placed on the foundation as shown on the side plan ftttached to the agenda material. He stated that the 8uilding Permit Application Wd~ approved by G.A.C. Properties, Inc., as wel.l <1:3 the County 7,oning Department, subject to 2~ feet of the protruding cornel" of the hOUSL' being removed after placement on the lot. Among the reasons stat.ell fo: the recommendation of denial, he continued, are that th~ buildinq, although existing, can be modified to fit on the lot, and the granting of the variance would not be in harmony with the general intent of the Zoning Ordinance ~ecause a minimum yard required for the passage of light and air is not being provided. In conclusion, Mr. Perry stated that the house has been moved tu the site and is resting on the mover's bea'lls. The petitioner was represented by her son-in-law'who explajnerl that the house was supposed to be placed 011 the lot at: a 240 angle October 7, 1980 which would have pr~vide~ the exact distances to meet the requirements; however, the move was made at nigh;U to the lot, the stake moved off of it, and rested down on the ~eam, and as a result, the house cannot be mov~d again without destroying the building. Responding to Chairman Wenzel, he said that the house is no longer on the steel bcam but, rather, resting on bluck. He explained the difficulties and the e~enses that would be encountered if the house was altered at this ~nt. Commissioner Wimer. inquired if the building compan.1 bas insurance to cover their mistake with the petitioner's rep~esentatj stating that, although there was an error made, he is not aware of whether ~r not the fjrm has such insurance. (;';'MITlentlng on the statement made that it would be too costly to move thc building, as well as the fact that structural damage would be done, Chairman Wenzel asked if it wouldn't be to the petitioner's advantage to take ~+ feet off the protruding corner. The petitionel. "s representative agreed that it would be "if we can't get R varianr.p for 2 feet four inches", There followed a discussion period of how such alteration could be made. Mr. C. S. Linville, representing adjacent property owner Louise Shriver, said that when the house was moved, the movers went over the property line and destroyed some trees uno perf;onal property of Ms. Shriver's. He said that he talked 1:0 the workmen about this, reported it to the Sheriff's Department and put up a "No Tt-espassing" sign which did no good. The house was originall placed 8~ feet. over the property line but that he litopped this encroachment, said Mr. Linville. He stated that even if the house was to be placed at an angle it would not fit on the 75,.foot Jot due to the fact that it would relocate the opposite cornt!r ..If t.he structure. Furthermore, said Mr. Linville, there is no access to the rear of the house unless a fence is removed or: the owners trespass on Mti. Shriver's property. 60~ 055 p~ 22. f", October 7, 1980 Mr. Sam Bartolo, of the C.B.S. Construction Company, informed the Board that his firm is performinQ the masonry and cement work for the subject home and suggested that the' variance being requested is not an unreasonable one. He explained that the movers were told to re-adjust the home sideways on the property at the time it was moved but the workm~n moved it horizontallY instead of vertically 011 the lot. Regarding the damage mentioned, Mr. Bartolo said that the maximum damage done was to one small tree which his firm offered to replace. He added that there is no trespassing on the n,)i.qhbor' 'J property. Chairman Wenzel n~ad jnto the record a letter of "no objection" to the petition from Robert Staggs, residing at 6125 26th Avenue, S.W., adjoining the property of the Petitioner's along the eastern boundat'Y. Commissioner Wimer reiterated his confusion over why the mover doesn't rectify the mistake made with Mr. Bartolo stating that it would be a big expense for the mover and explaining in further detail how the mistake was made. He emphasized that the building wns never 8~ feet on the adjoining property at any time. Mr. Perry was asked by Commissioner Pistor to relate the extent of the damage when he viewed the property, with Mr. Perry stating that he is hesitant to say whether the damaQe on the neighbor's property was done by the moving company. There were ,:I, number of trees knockā‚¬:d do,.,n, said Mr. Perry, which the neighbors said was done by the movers. He said that obviously there Was some damage done and errors made; however, these are not a part of the variance request but, rather, a ciVil matter between the ~wo property owners. In anRwer to Commissioner Wimer's quury, Mr. Perry said t~~t it was made extremely clear, when the second permit was requested :for the actual placement of the home, that the house Hould not :fit the lot without 2~+ being taken off the corner. This same _. October 7, 1980 I '\."\ ' ..' . observation was made by G.A.C. and the site plan was so marked. Mr. Perry said that he does not rememoer seeing any site plan showing that the house would be cocked side'''ays, or the like. The site plan that the staff and G.A.C. signed indicated that the house would be placed parallel across the lot and that 2~ feet would be taken off. To clarify another matter, Mr. Perry said that when he p~ted the sign pertaining to the public hearing date, the 40use was still setting on the beams and that any removal of the beams came after that date which he said was approxjmately two weeks ago. He concurred with Chairman Henzel that it would have beeO logical to have left the beams in place until the results of the variance req~ests were known. TheL'e were no other speakers registered, whereupon Commissionel Arch~r moved, seconded by Commissioner Pistor and c~rried, th~t the public hearing be closed. Chairman Wenzel moved that the staff recommendation for den!i'l of Petition v-80-l3C be upheld, adding the comment that the Board receives many complaints about the liberal granting of variances. Commi~sioner Brown seconded the motion. Following additional brief discussion about the mover's insurance company's respo~sibilities for the structural changes or re-plac"'m0.nt: of t.he home, the moti on carri cd by unanilllous vol-:'. REQUEST FOR RECONSIDFRATION AND FOR FURTHER PUBLIC HEARING RE PETITiON CCCL-80-lC, REQUESTING A VARIANCE FROM CCCL ON PROPERTY IN S16, T49S, R25E (NAPLES CAY) - GRANTED FOR OCTOBER 28, 1980. COUNTY MANAGER TO DIRECT STAFF TO OBTAIN FACTS AND FIGURES RE POSSIBLE PURCHASE OF SUBJECT PROPERTY BY COUNTY County Attorney Pickworth noted the receipt of a letter dated October 2, 1980 from the developers of Naples Cay, addressed to Commissioner Archer, requesting a re..hcc:ring o'f Peti t:i on CCCL-80-lC. Commissioner Archer noted that the request is for the re-hearing on October 21st, if. possible and, if not, for October 28th. ), 056 PArE 'lA' October 7 I 1980 :\!)O~ ~ 4":t Community Development Administrator Virta pointed out thut the petitioners have a request for a proposal to handle the requirements to meet the Beach Access Ordinance which will be heard on the 21st and stated his preference to keep the two matters separute. Therefore, suid Mr. Virta, he would prefer that the subject re-hearing be taken up on the later date. ~ommissloner Orown moved, seconded by Commissioner Archer, that the request by Naples Cay for a re-hearing on their Petition CCCL-80-lC be scheduled for October 28, 1980. CC)mm~:j310ner. Wlmcr made thi'! observation that the subJ,Jct beach property would make a beautiful addition to the County's park system if the Board would be amenable to investigating the purchase of the parcel. Chairman Wenzel said he would have no objection to placing ~he proposal on the ballot to determine if the peo~le would be willing to pay for it. Upon call for t~e question on t:',~ floor, the motion carried by unanimous vote. commissiorltlr Wlll1tl[' ltIovt:d th<lt the staff hf" O'lllthori7.ed to contact the propp.I'ty owners in order to obtain facts and figures with re<]i\rc:l to the pro\)ertv and to provide recommendations for possible ways for the County to acquire the site. Commissioner Brown ~econded the motion. County Attorney Pickworth offered to make the contact and asked that the record reflect. that it is the consensus of the Board that none of ~he discussion regarding the possible purchase of the property bave anything to do with the land-use decisions to be made on the p~rcel by the Board. There were no objections to Attorney Pickworth's statement. Upon call for the question, the motion made by Commissioner Wimer was unanimously carried. ri 1_--, __ _.a f u_ -- J October 7, 1980 REQUESTS FOR ADVERTISING OF VARIOUS PETITIONS LISTED ON AGENDA - TO BE HANDLED ADMINISTRA'l'IVELY PURSUANT TO BOARD ACTION TAKEN 9/30/8 Commissioner Arcber moved, seconded by Commissioner Pistor, that the various petitions listed on the agenda for advertising authorization be approved for public hearings on the dates speci- fled. Assistant County Manager Walker pointed out to the Board that further action was unnecessary due to the Board's action of Septem- ber 30, 1980 wherein the County Manager was given the responsibility for the advertising of public hearings. There was no actio.. tdken on the motion. GUN PERMIT 80-14 - APPROVED FOR ISSUANCE TO ARTHUR E. ROUSSEAU Commissioner Archer moved, seconded by Commissioner Wimer and unanimously carried~ that the application for Gun Permit 80-14 for Arthur E. Rousseau, n member of the County staff, be approved for i!Jsunnr.~, and t.hat the pCJ-mi t fee of: $75.00 be \>,.,d \Ted, Clfl recommended by staff. WATER WELL PERMITS NOS. 65.399A AND 65.399B REQUESTED BY JOHN E. PRICE, JR. FOR EXPLORATORY PURPOSES IN S23, T48S, R30E - APPROVED SUBJECT TO STIPULATIONS Commissioner Archer moved, seconded by Commissioner Pistor and unanimollsly carried, that Water Well Permits Nos. 65.399A and 65.399B, an requested by John E, Price, Jr., for exploratory purposes in Section 23, Township 48.;.So,u.th, Range 30 East, be appruved subject to the following stiuplations: 1. Copy of the driller's log shall be submitted to the County ]':nqineer upon compl,:'Lion of the dri]]ing" operations. 2. Water analysis regarding water quality shall be submitted to the County Engineer. 3. Wells shall be plugged and capped upon nbandcmment of the drilling operations. ~ October 7, 1980 ijOK 056 rACE 2B WATER WELL PERMITS 65.-400A and 65.400 B REQUESTED BY JOHN E. PRICE, JR., FOR EXPLORATORY PURPOSES IN 523, T48S"R30E - APPROVED, SUBJECT TO STIPULAT~ONS CommisSioner Archer moved, seconded by Commissioner l'istor and unanimously carried, that Water Well Permits Nos. 65.400A " and 65.400a, requested by John E. Price, Jr., foft ~xploratory pllcposes in Section 21, Township 48 South, Range 30 East, be approved, subject to the following stipulations: 1. Copy of the driller's log shall be submitted to the Coun I:y 1':nqiIlHer uf.Jon ,:olllpletion of the drl.J.U,nq opet'ations. 2. Water analysis regarding water quality shall be submitted to the County Engineer. 3. Wells shall be plugged and capped upon abandonment of the dril)~ng operations. BOARD AUTHORIZES ISSUANCE OF WATER WELL PERMITS ADMINISTRATIVELY IF RECOMMENDED FOR ?TPROVAL BY WMAB AND APPROVED BY DIRECTOR OF PUBLIC WORKS Public Works Administrator/County Engineer Barksdale informed the Board that Ordinance 74-50 pertaining to Wat~r M~ndY~Jn~nt is in the process of being revised including revisions to the pcocedure for issuing Water Well Pern~ts, and, in the interim period, if the Board So directs, he could be authorized to issue such permits after the Wa~c Management Advisory Board has acted upon the applications. Commissioner Pi~tor moved that if a permit for a water well has been authorized ~y the W~~B and approved by the Director of Public Works, he (Mr. Barksdale) has the authority to issue such .~~::~~, L._-1 L_-.I I, J October 7, 1980 permit, and, if the request is turned down, the ~pplicant may appeal to the Board. The motion was seconded by Commissioner Archer and,unanimously carried. r:~~fl ROUTINE BII,~A..UTHORIZED FOR PAYMENT. .' Commi::;::;;I,.oncr Wimer moved, seconded by Commi ssionPJr Archer and unanimously carried, that the bills, having bCCll processed following established procedures with funds available, be approved for payment as witnessed by the following cheCKS issued from October 1, 1980 through October 7, 1980: ACCOUN1: CHECK NOS. BCC Payroll - CETA 3984 - 4176 County Checks - New Year 1 - 242 QUARTERLY MEMBERSHIP ASSESSMENT TO SWFRPC FOR PERIOD 10/l/AO THROUGH 12/31/80 - APPROVED FOR PAYMENT IN THE AMOUNT OF ihl1-L' 75 Commis::;ioner Archer moved, seconded hy Commissioner P:I.Rt.Or. and carried unanimously, that the Quarterly Membership Assess.. mpn~ to th~ 50uthwest Florida ncgion~l Pl~nning Council for Ule period October 1, 1980 through December 31, 1980 be approved for payment in the amount of $6,173.75, as presented by Fiscal Officer Harold Hall. '1("-/91 BUDGET .!>.MENDf.\ENT ~ 'l'RANSFERRING FUNDS 'ro PROVIDE l'OR COS'f OF REPAIR OF GENERATORS RE CIVIL DEFENSE DEPARTMENT - ADOPTED IN THE AMOUNT OF $1,000, Commissioner Wimer moved, seconded by Commissioner Archer ~O'III and carried by unanimous vote, that Budget Amendment &.l:--l., to trans fer fund[; f rom Conti ngcncics to Hepairs & Maint:onance of Equipment-Contracted to provide for repair of the emergency generator jn the Civil Defense Department he <lc1optcc1 in the amount of $1,000. October 7, 1980 CLERK REAGAN COMMENTS ON RECEIPT OF "LETTER COMMUNICATING RESULTS OF THE STUDY AND EVALUATION OF INTERNAL ACCOUNTING CONTROL FOR THE YE,'\R ENDED SEPTEMBER 30, 1979'; WORKSHOP SESSION TO BE HELD REGARDING PLANS FOR THE FUTURE IN REFEijENCE TO SAME Clerk William Reagan noted that the Board has received ".opi~s of the "Letter CommunicatinQ Results of the StUdy and E'/aluation of IntArnal Accounting Control for the Year End~d September 30, 197C'l" as prepared by Holcher, Taylor, (,. Company, P.A. and stated his desire to have a Workshop Session, as soon as the budQeting process has been completed, with regard to suggested plans for the future, as referred to in his memorandum dated October 3, 1980 commenting on the subject Study and Evaluation. Chairman Wenzel suggested that the matter could be further discussed at the conclusion of the Regular Board meeting this date. * * * RECESS: 9:50 A. M. until 10:00 A.M. * * * TAX COLLECTOR PRESENTS BOARD WITH CHECK IN THE AMOUNT OF $1,065.135 REPRESENTING RETURN OF EXCESS FEES FOR CURRENT YEAR Tax Collector A. P. Ayers presented to the Board a check in the amount of $l,065,135 representing the County's share of axcess fees for the current year. Mr. Ayers observed that t)le total excess fees is $1,163,521 which he said is the largest amount ever returned. The check was accepted by Chairman Wenzel who turned it over to Clerk Reagan. RESOLUTION CWS,.OO-lO INITIATING A PROGRN1 FJR THE PURPO,SE OF PROVIDING WATER IMPROVEMENTS IN THE COUNTY WATER-SEWER DISTRICT OF COLLlER COUNTY - ADOPTED Following a brief review of th~ ~ontents of the proposed resolution by County Attorney Pickworth, Commissioner Ar.cher moved, seconded by Commissioner Pis tor and carried by unanimous vote, that Resolution CWS-80-10, initiating a program for the purpose of providing water improvements in the County Water- Sewer District of Collier County, be adopted. n!,::,'1f:\ ",... ~ October 7, 1980 INTERLOCAL AGREEMENT AMENDMENT BETWEPN TIlE COUNTl AND SWFRPC - APPROVED FOR CHAIRMAN'S SIGNATURE; RESOLUTION 80-212 AMENDING, RE-ADOPTING. RATIFYING AND REAFFIRMING AGREEMENT - ADO~~ County Attorney Donald Pickworth informed the Board that the proposed amended I~terlocal Agreement between tlle County and the Southwest Flori~a Regional Planning Council has been reviewed by him and found to be acceptable. Mr. Roland Eastwood, Executive Director for the SWFRPC, explained that. the Florida Legislature this year provided that the Governor would be entitled to appoint o~e-third of the members to the Regional Council and the method- ology chosen to accommodate the provision was to add nine persons to the pt'esent membership. Therefore, said Mr. Eastwood, it is necessary to amend the aforesaid Agreement. commissioner Archer inquired if the Governor's appoint~es must be from the six counties ...,ithin the Councilor if they could be residents throughout thA State. Mr. Eastwood said that such appointees must be from the local region with the second stipulation being that every County must have at least one representative. with the remaining three appointees chosen from the various counties making up the Council area. Attorney Pi~kworth rearl the pertinent provision covering the appointments by the Governor, as contained in the amended Agreement. Commissioner Wimer moved, seconded by Commissioner Pi!it.or and unanimoUSly t.:~rried. that the amended Interlocal ^greement between the County and the SWFRPC be approved for the Chairman's signature; and, that Resolution 80-212 pertaining to the Agreement be ildopl~d. ~I.J-!:J-C; I~ '-fo October 7, 1980 IAPC APPOINTMENTS MADE BY BOARD - MESSRS. RINGO AND SMITH REAPPOINTED TO ADDITIONAL FOUR-YEAR TERMS; STAN WRISLEY APPOINTED TO FOUR-YEAR TERM: WILLARD ADD8RLEY TO REMAIN ALTERNATE MEMS~_ As ~xplained in the Execucive Sumnary, Administrative Aide to thc Board Mary Morgan said that the terms of Messrs. Earle Hall, Jal'!11"S Ringo and Joe Smith on the Immokalee Area Planning Commission ....erc to expire AU~lUS t 1, 1980, or at such time as the Commission appointed theJ,t' successors. Continuing, Ms. Mot'gan said that Mr. Ringo and Mr. Smith have indicated their willingness to continue to s<;!t've, if that is the Board's desire, and thgt "Mr. Hall has expressed his desire to retire from member- ship on the IAPC. A resume has been received from Mr. Stan Wrisley and included in the agenda material, she said, and also pointed out that Mr. Wi llianl Adderley, appointed on .June 10, 19130 to Alternate Membership, would like to r.emain a6 an Alternate. Commissioner Erown movec, seconded by Commissioner Wimer and unanimously carried, that Messrs. James Ringo and Joe Smith be reappointed to additional four-year terms on the IAPC; that Mr. Stan Wrisley be appointed to a four-year term; that the terms of office will expire August 1, 1984, or at such time as their successor is appointed, whichever occurs first; and that Mr. William Adderley retain his Alternate Membership on the IAPC. PETITIONS CP-80-11C AND R-80-23C, ROBERT J. TUYLS, ORIGINALLY CUNTINUED TO OCTOBER 14, 1980, FURTHER COt-l'rINUED UNTIL OCTOBER 21, 1980 ^T REQUEST OF PETITIONER Commissioner Wimer moved, seconded by Commissj_oner Pis tor and carried by unanimous vote, that Petitions CP-80-11C and R-80-23C, filed by Robert J. Tuyls, having been continued to october 14, 1980, be further continu~d until October 21, 1980, as requested in the petitioner's letter to the Board dated October 6, 1981). oa~ 056 PACE 41 October 7, 1980 CERTIFICATE FOR CORRECTION ON 1979 TAX ROLL - APPROVED FOR Q!AIRMA.~'S SIGNATURE ___ Commissioner Archer moved, seconded by Commissioner Pis tor and ca:'ried, that the following Certificate for Correction to the 1979 'i'3X Roll be approved for the Chairmar,'s signature: CERTIFICATE NO. QAnQ 10//./80 1979-218 AMENDED CONTRACT RE BID #429 PERTAINING TO IMPROVEMENTS TO KAREN DRIVE AND COTTAGE GROVE AVENUE TO REFLECT CHANGE IN NAME OF CONTRACTOR FR0M ASHLAND-WARREN TO THE SARASOTA DIVISION OF ~.C~SPHA1I, INC, - APPROVED FOR CHAIRMAN'S SIGNATURE Pursuant to ~etter dated September 19, 1980 from E. K. Richardson, Division President of Macasphalt, Inc., Sarasota Division, Commissioner Archer moved, seconded by Commissioner Pistor and carried, that the amended contract with regard to Bid #429, pertaining to improvements to Karen Drive and Cottage Grove Avenue, reflecting change in name of contractor from Ashland-Warren to Thll Sarasota Division of Macasphalt, Inc., be approved for the Chairman's signature, as recommended by staff. CHAIRMAN AUTHORIZED TO SIGN LETTER TO DEPARTMENT OF STATE NOMINATING THE PALM COTTAGE (BROWN HOOSE) FOR INCLUSION IN THE ~~TIONAL REGISTER OF HISTORIC PL~CES Pursuant to request by the Ri~tori~aJ. Society, us conveyed by Mary MorgCln, ^dministrative ^idc to tli0 Board, COlTunissioncr Pistor moved, seconded hy Commissioner Wimer and carried, that the Chai~man be authorized to sign a letter to the State Histnrlc Preservation Officer, Division of ~rchives, requesting t~at The Brown House (formerly The Palm cottC3gC) located at 13'/ 12th Avenue, South, Naples, Florida, be favorably considered for inclusion in tile National Register.. ~5t. f~~ f;;.- October 7, 1980 BOARD ACTION m' 9/30/8C iU: IMl-'O.s:::TION OF TRANSFER STATION FEES - RESCINDED Administrative Aide to the Board Mary Morgan reviewed briefly the contents of the October 2, 1980 memorandum from Commisoioner Pistor wherein it is suggested that the matter of the Transfer station Fees be reopened for discussion on October 14, 1980 and that the public be made aware that such fees are going to be reconsidered. Chairman Wenz~l agleed that there had been many adverse comments forthcoming with regard to the [loard's action ahd offered the 3uggestion that the current procedure be continued. Commissioner Brown moved, seconded by Commissioner Pistor and unanimously carried, that the Board's action taken September 10, 1980 pertaining to the implementation of a Transfer Station Fec be rescinded. REQUEST FOR LEAVE OF ABSENCE UNTIL OCTOBER 21, 1980 RE EMPLOYEE ANN MORGAN - APPROVED Pursuant to staff request and recommendation, Commissioner Archer moved, seconded by Commissioner Pistor and unanimously ll,l i... i 11,....1 ~ i'"_~,:,,, ,t'" ..1.".:-,.,.."", l.....~' ,..,~t.,~.",...... ." , I '~nn hI" I:ItAN(I~:tl IN AI'I'ot N't'I~I~H 'I'D /lWI"III'I~ AIJ'l'lHlIt 11o\1~1l ,. 1;IlMMI "'Ii I tlNI~1I WI Mlldt 'l'U tll'~ltVIl: Atl Al.'J'l'~HNA'.l'1l: ~1l~""UIl:H AN!) CUMM.1:j:jl0N.ll:lt l'ld'l'Olt '1'0 Hl1:ttVI1l AS REGULAR MEMBER Commissioner Archer moved, s?~onded by Commissioner Brown llil/lilll .::: i '.'II! I dl' II I and carried 5/0, that membership appointments to the Southwest Florida Regional Planning Coun~il be changed to designate Commissioner Wimer as Alternate Member instead of Regular Member, and Commissioner Pistor, the preSGnt Alternate, be designated to serve ~s the Reqular Membe~, as suggested in the memorandum dated October 2, 1980 from Chairman Wenzel. ,~'i ..".. ; .........~_n.._ --.... aDOK 056 PAGE 43 October 7, 1980 . (~~ BOARD MEETING....QE..NOVEMBER 25, 1980 - CAN~Lt!&P PUr1'l\lant to his memorandum dated OctoLt r 1, 1980, Commissioner Pistor moved, seconded by Commissioner Wimer and unanimously carried, that the Board mcctin~ of November 25, 1980 be cancelled. It was pointed out by Commissioner Pistor that, since the subject meeting would fall during Thanksgiving we",k wi.t.h the staff havlnQ a two-day holiday, it would be wise to cancel the m~etinq in order to accommodate the workload. REQUEST FOR USE OF COUNTY HELICOPTER FOR AERIAL SURVEY OF ARCHAEOLOGICAL SITES IN COUNTY BY UNIVERSITY OF FLORIDA STAFF APPROVED Commissioner Archer moved, seconded by Commissioner Wimer and unanimously carried, that permission be granted for the use of the County Helicopter for an aerial survey of the archaeological sites in the County by members of the staff of the University of Florida, as contained in the memorandum dated October 1, 1980 from Museum Director Mary E. Manion. RESIGNATION OF ROBERT L. HILL FROM BOARD OF BUILDING ADJUSTMENTS AND APPE~--=~EPTED Commissioner Pis tor moved, Seconded by Commissioner Archer and carried unanimously, that the resignation of Robert: L. lIill from the nuilding Depart.ment's BOiJrd of ^djuRtments cmd ^ppeals, effective immediateJy, be accepted, thut an clppropriatc ccrt.ifi cot! of appreciation be prepared, and that Dn announcement be made that resumes are being sol.i,ci ted to fill the vacancy created. RESIGNATION OF LOU CAPEl< FROM 110MERUJ.)': C11^H1'J.:f{ COr-:r-lISS10N ACCEPTED Commissi.oner. Archer moved, seconded by Commissioner Pist:or and unani.mously carried, that the rC[;.i.gnClU.on of LOll Capek from the Homerule Charter Commissior. be accepted, with regret, and that an appropriate certificate of appreciation be prepared. Chairman Wenzel requested that the Board be informed of the Alt.ernate Member named ~o fill the vacancy. ~..!J- ~ r ~ Jf' "I" October 7, 1980 STAFP TO BE DIRECTED TO ACCEPT NO NEW APPLICATIONS FOR ENTRY- LEYEL HOUSING ZONING PENDING REYISIONS TO PERTINENT SECTION OF ZONING ORDINANCE Commissioner Wimer advise~ that the Planninq Department is questioning the disposition of permits with regard to Entry- Level Housing zoning during the interim period while the Zoning Ordinance is being revised to suspend such zoning. It was poin~ed out by Commisslone~ Archer that the applications which hove been approvdd should receive their permits. Commissioner Wimer moved. seconded by Commissioner Archer ,llld unan!mous ty car.ried, tlv\~,the sti'!ff be directed 1:0 ;:Jccept no new applicatior;s f.or the subject zoning while the pertinent ordinance is being reconsidered. STAFF TO BE DIRP.CTED TO INVESTIGATF. COMPLAINTS IN THE IMMOKALEE AREA WITI~ REGAIW TO eXCESSIVE NOISE IN CONNECTION WITH DRILLING OPERATIONS Commissioner Brown informed the Board that he has received several complaints from people in the Immokalee arei'! with regard to excessive noise in connection with drilling operations which is disturbing to the citizens. He said that the callers point out that there is a "noise" ordinance On the books which does not seem to be in effect in the subject area. Chairman Wenzel directed that the staff be authorized to investigate the matt~r. COUNTY ENGINEER TO BE DIRECTED TO INVESTIGATE DRAINAGE PROBLEMS IN THE IMMOKALEE AREA PURSUANT TO PETITION FILED BY MRS. B. J. WILLIAMS Although the matt6r set forth in the petition filed by Mrs. B. J. Williams was scheduled to be heard under Publia Petitions at 11:00 A.M., Commissioner Brown said that he was knowledgable on the issue and, since the Board agenda had been completed at an early hour, he would speak on h-:!r behalf in ~c= ~bse~cc. He said that t~~r~ Ar~ nrAinage problems on Mirham Drive, among other areas in Immokalee, as noted in the BOOK 058 PAGE 4.4 Max 056 PACE 45 October 7, 1980 Petition filed, and asked that the Chairman direct the Engjnccring staff to look into the problem and see what can be done about diverting the excess rainwater away from the particular areas into a proper drainage-way. Chairman Wenzel said that the suggestion would be passed along. VOTING PRECINCT NUMBERS FOR DEPUTIES SAMS, OUINN, GLICK, AND GREEN - FILED FOR THE RECORD In compliance with Florida Statute 30.08, the following Voting Precinct numbers for Deputy Sheriffs were filed for the record, as submitted by Sheriff Aubrey Rogers: DEPUTY VOTING PRECING1: 14 22 17 21 1. Daniel G. Sams 2. Robert A. Quinn 3. Robert D, Glick 4. Ray C. Green LAKE TRAFFORD MEMORIAL GARDENS CEMETERY DEED NO. 239 FOR THE RECORD FOLLOWIN~CORDATION FILED Pursuant to action of the Board January 10, 1978 wherein the Chairman was authorized to sign various deeds to Lake Trafford Memorial Gardens Cemetery lots as the need arises, the following Deed No. 239 was recorded and filed for the record. * * * * * -- L--A BOOK 056 PACE 47 MISCELLANEOUS CORRESPONDENCE - FILED AND/OR REFERRED October 7, 1980 There bein~ no objection, the Chair directed that the following correspondence be filed and/or referred to the various departments as indicated: 1. Memorandum dated October 3, 1980 from County Engineer C. B. Barksdale indicatin~ that he and Messrs. Pickworth, Yokel, Vines and Hermanson have scheduled an appointment ,with the Corps of Engineers to discuss the Corps' letter to the Board re the Golden Gate Estates Interim Action Program, with a report to be forthcoming - Filed. 2. Letter dated October 3, 1980 from Tax Collector Ayers responding to CPA Alfred Hackney's Management Letter of September 30, 1980 with regard to the opp~ation of Mr. Ayers' department - Filed. 3. Letter dated September 27, 1980 from Thomas Reid regarding the 8ale of his Marco Island property - xc Property Appraiser, and Tax Collector; and filed. 4. Letter dated September 26, 1980 from Nick Collins, Assistant Bureau Chief, Department of Community Affairs re allocations from the Federal Government for the Disaster Preparedness Program - xc County Manager, Public Safety Administrator, Civil Defense Director, and Fiscal Officer; and filed. 5. Letter dated October 1, 1980 from Florida Depart~ent of Health & Rehabilitative Services pertaining to the recent letter flom Lee County pertaining to the pla~e- ment of children in the Lee County Children's Ilc;.,e - xc Fiscal Officer, Health Director, and County Manager; and filed. 6. Letter dated October 2, 1980 from R. E. Scarbrough, Division En9ineering Manager, Florida Power & Light Company, re County's applicaUon to dredge and fill around the nayview Park area - xc County Engineer; and filed. 7. Letter dated SeptembeI 30, 1980 from Frank B. Greer commending County Employee Robert Moody, Engineering Department, for his advice and assistance with regard to a swale problem - xc County Engineer, and Personnel f)cpilrtmcnt; i1TlO filed. ' 8. Copy of letter dated September 22, 1900 from Naples Waterway Council to City Engineer McCord re main- tenance dredging applications - xc County Engineer; and filed. 9. Letter dated September 30, 1980 from Michael R. Ilightowe Farmers Home Administration, acknowledging receipt of and appreciatioa for Board Resolution 80-184 re FrnHA - Filed. 10. Memorandum dated September 16, 1980 from Division of Retirement re 1980-81 Retirement Seminar Update - xc Finance Dep~rtment, and Fiscal Officer; and filed. 11. Letter dated September 23, 1980 from Circuit Judge Ted Brousseau transmitting results of the Jury Service Questionnaire for period 12/79 to 5/80 - xc County Mana~ for p"rt:~c\11i\r ",tt,p.ntion to certain itc::::s; and filed. ~..JS~ /~ -I-? ~. Oct.ober 7, 1980 If;)l 12. Letter date~ September 2~, 1980 from Executive Director John ~ Maloy, South Florida Water Manage- ment District ~nsmitting documents re tax rate to be levied for the District in FY,1980-Bl - xc Coun~y Engineer, and Fiscal Officer; and filed. 13. Copy of letter dated October 2, 19BO from State Senator ~tox Hair to Zearl Lancaster, SACC, re- questing ihformation regarding the cost of the judicial-civil system as paid for by the local govern- ment agency - xc County Attorney, and Fiscal Officer; and filed. 14. Copy of the Administratively Approved Modification to Permit 79-P-371M - Coral Ridge-Collier Properties - xc Planning Departmer.t; and filed. 15. Copy of Resolution adopted by the BCC, Gadsden County, Florida re restraints placed upon local government by the State Legislature with respect to budgeting pro- cedures - Filed. 16. Copy of FDNR Permit No. A-CO-P9-BO re Sunset House, Inc., Marco Island, Florida - xc Planning; and filed. 17. Copy of FDNR Permlt No. CO-P6-80 re villas of Vanderbilt, Inc. - xc Planning; and filed. 18. FDER notice of public workshop re Docket 80-26R, re hearings on FAC Chapter 17-1 and 17-16, and Docket 80-29R, re Transmissicn Line Siting - xc Utilities Division Director; and filed. 19. SFWMD News Release dated September 29, 1980 stating that florida Commission on Ethics has ruled that no conflict of interest exists between membership on the 8ig Cypress Basin Board and the Golden Gate E~rAtes Redevelopment Study Committee, as alleged; filed. 20. Copy of Monthly Newsletter from Bureau of Disaster Preparedness dated September 1980 re Comprehensive Emergency Management matters - xc Public Safety Admin- istrator, Civil Defense Director, and Planning Depart- ment; and filed. 21. Copy of minutes of August 26, 1980 meeting of Golden Gate Community Center Advisory Committee - filed. 22. 11 letters from interested pe~oon3 regarding the possible rezoning of Golden Gate Estates properties - xc Planning Department; and filed. ..(lIIil.. A_--* &_- 0' .1..__...._*" lOX 056 PAGE 4D October 7, 1980 There being ~o further business for the good of the County, the meeting was adjourned by order of the Chair - Time: 10:20 A.M. - to reconvene in Workshop Session immediately thereafter. BOARD OF COUNTY COMMISSIONERS/EX OFFICIO GOVERNING nOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL c~~ " ' " .. 'I ~ .' :0 Naples, Florida, October 7, 1980 LET IT BE REMEMBERED, that the Board of County Commis- sionp.rs 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 anQ having conducted business herein, met on this date at 10:25 A.M. in Workshop Session in Building "F" of the COllrthouse Complex with the follO\~ing members present: CHAIRMAN: Clifford l'i'enzel VICE-CHAIRMAN: Thomas P. Archer John '1\. pistor C. R. "Russ" Wimer David C. Brown ALSO PRESENT: William J. Reagan, Clerk; Harold L. Hall, Chief Deputy Clerk/Fiscal Officer; Edna Brenneman, Deputy Clerk; and John Walker, Assistant County Manager. AGENDA I. Discussion regarding establishment of Centralized Cashiering System. II. Control of "Err.ergency" purchases. DISCUSSION REGARDING ESTABLISl~ENT OF CENTRALIZED CASHIERING SYSTEM C)cr.); William R8agan informed the Bonnl that eventu<llly a Central Cashiering System will have to be implemented, sug- gestin9 that this area is, in his viewpoint, the weakest area in the County's opf"rntion. Hc si1~d 1-,h('I\', (~ach yeil)" r;1~eps have been taken in t.his r(~gard and, hopefully, by the end of tlw next fiscal year there will be sOJlle form of a Central Canhier- in9 [3ystem. Responding to Chairman Wenzel regarding whether or not there have been funds appropriated in the new budget for this purpose, Fiscal Officer Harold Hall said that certain funds have been included in the 05 General Government Budget under Contractual Services which, he said, is one of the reasons n::;~ ,,~~ "" :;i)GX ~ PACe: Sf October 7, 1980 why that line item is so large. The exact amount needed is not known at this time, continued Mr. Hall, because full pro- pusals have not been received; however, over the next eighteen months, said Mr. Hall, somewhere between $75,000 and $150,000 will be needed. He pointed out that over ,tbe past thEee years $50,000 have been expended, co~nenting that all of the syst~m's de5igl\ work has been done Ln-house with existing personnel but, as previously mentioned, some contractual work will be required in the future. CONTROL OF "EMERGENCY" PURCHASES Clerk William Heagan commented that there has been some criticism, probably receiving more attention than is deserved, with regard to the ~:ounty's bidding process, particularly con- cerning "emergency" purchases. He suggested,that l:he matter be further discussed when the County Manager returns from vacation. Mr. Reaqan commented further that purchasing was formerly under the Clerk's jurisdiction and after transferred to the County Manage The Clerk was an a Bid Review Committe~. However, in recent months the Clerk has nQ~been involved in bid reviews. He said the Clerk can assist and posHibly something can be worked out with the County Mdnager to avoid criticism in the future. * * * There being no further business for the good of the County, the meeting was adjourned by order of the Chair - Time: 10:35 A.M. #'