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BCC Minutes 03/06/1979 R "".-. '. I . Naples. FJor1da. March 6. 1979 LET IT BE REMEMBERED. that the Board of County Commissioners in and for the County of Collier, and also acting as the Governing Board(s) of such special districts as have been created according to law and haVing conducted business herein, met on this date at 9:00 A.M. in Regular Session in Building "F" of the Courthouse Complex with the following members present: CHAIRMAN: David C. Brown VICE-CHAIRMAN: Clifford Wenzel John A. Pistor C. R. "Russ" Wimer ABSENT: Thomas P. Archer ALSO PRESENT: William J. Reagan, Clerk. Harold L. Hall. Chief Deputy Clerk/Fiscal Officer. Virginia Magri and Jean Swindle (10:15 A.M.) Deputy Clerks C. William Norman. County Manageri Donald A. Pickworth. County Attorney. Neno J. , Spagna. Community Development Administrator. Clifford Barksdale. County Engineer Mary Morgan. Admini~trative Aide to the Board. and Deputy Chief Ra,vmond Barnett. Sheriff's Department. AGENDA BOARD OF COUNTY COMMISSIONERS FINAL AGENDA March 6, 1979 REQUESTS TO ADDRESS THE BOARD OF COUNTY COMMISSIONERS, WHICH ARE NOT ON THIS AGENDA, WILL BE HEARD AT 11:00 A.M. UNDER "PUBLIC PETITIONS". 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF AGENDA 4. APPROVAL OF MINUTES: February 20, 1979 5. PROCLAt1ATIONS A~ID PRESENTATIONS OV AWARDS 6. SOCIAL SERVICES It A. social Services, Case #W-28S8 ~OOK 045 rAGE 640 &OOK 045 rACE 643 March 6. 1979 AGENDA APPROVEd WITH ADDITIONS/DELE'I :ffi Commissioner Wenzel moved, seconded by Conmiss1oner Pistor and carried unanimously 4/0. Commissioner Arch~r absent. that the agenda be approved with the following additions/deletion: 1. Proclamation "National Employ The Older Worker Weekll . added 2. Goodland Water Purchase Agreement with Deltona . added 3. Contract with Florida Dept. of Rehabilitation. added 4. Canal reservations, release and acceptance of drainage easements - deleted (Utility Director's Report) MINUTES OF FEBRUARY 20. 1979 - APPROVED Commissioner Wenzel moved, seconded by Commissioner Pistor and carried unanimously, that the minutes of February 20. 1979 be approved as submitted. PROCLAMATION "NATIONAL EMPLOY THE OLDER WORKER WEEK" - ADOPTED Following the reading of a proclamation entitled "National Employ The Older Worker Week" by Clerk WilHam J. Reagan. Conmiss1oner Wimer moved its adoption, seconded by Commissioner Pistor and carried unanimously. Chairman Brown presented the proclamation to Mr. Ralph Jones of the Florida Employment Services. ." ." ." ." '" ." ." ." ." ." ." ." ." ." ." ." ." ." ." &OOK 045 PACE 64.5 March 6. 1979 SOCIAL SERVICES CASE W-2858 - APPROVED Commissioner Pistor moved, seconded by Commissioner Wenzel and carried unanimously. that Social Services Case W-28S8 be approved. ORDINANCE 79-14 AMENDING MARCO ISLAND LIGHTING MUNICIPAL SERVICES TAXING DISTRICT ORDINANCE 78-22 BY ADDING CERTAIN LANDS OF MARCO BEACH TO THE TAXING DISTRICT - ADOPTED Legal notice having been published in the Marco Island Eagle on February 8, 1979 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider a proposed ordinance amending the Marco Island Lighting Municipal Service Taxing District by adding certain lands of Marco Beach to the taxing district. more specifically described as that area of Marco Beach Unit 7 bounded by the east side of Landmark from Rt. 92 through Ironwood Court including Tulip, Plum. Maples, Abaco, Birch, all of Ironwood Court and Tract A. County Engineer Rarksdalp. said that a petition was received to include this area in the district. however, it did not have the required - 50% plus 1. He noted that the Board can create the District by motion. There being no one registered to speak. Commissioner Wenzel moved, seconded by Commis~ioner Pistor and carried unanimously. that the public hearing be closed. Commissioner Pistor moved to approve the addition of the afore- mentioned area to the Marco Island Lighting Municipal Service Taxing District. Motion seconded by Chairman Brown and carried ,unanimously, whereupon the Ordinance as numbered and titled below was adopted and entered in Ordinance Book 19. ORDINANCE NO. 79-14 AN ORDINANCE AMENDING ORDINANCE NO. 78-22 BY ADDING CERTAIN LANDS OF ~~RCO BEACH TO TilE MARCO ISLAND LIGHTING MUNICIPAL SERVICE TAXING DISTRICT, PROVIDING FOR CONSTRUCTION AND AN EFFECTIVE DATB ~larch 6. 1979 ORDINANCE 79-15 AMENDING ORDINANCE 76-49 BY PROVIDING FOR TEMPORARY EXEMPTION OF PARKING RESTRICTIONS - ~OOPTED WITH CORRECTION AS TO EFFECTIVE DATE OF ORDINANCE Legal notice having been published in the Naples Daily News on February 14, 1979 as evidenced by Affidav'it of Publication fl1ed with the Clerk, pUblic hearing was opened to consider a proposed ordinance amending Ordinance 76-49 by providing for temporary exemption of parking restrictions. County Manager Norman noted that each year the Board is requested to alleviate the problem of parking related to the Tony Lema Golf Tournament, pointing out that the proposed ordinance provides for temporary exemption of parking restrictions by resolution of the Board. Commissioner Pistor noted that the wording in Section Three pertaining to the effective date needs to be changed to read 'IThts ordinance shall become effective when placed in the U.S. Mal1lt rather than when it is r~ceived and acknowledged by the Secretary of State. Commissioner Pistor moved, seconded by_Conmiss1oner Wenzel and carried unanimously 4/~ that an emergency exists relative to changing the wording in the proposed ordinance. Commissioner Wenzel moved, seconded by Conmiss1oner Wimer and carried unanimously 4/0, that the public hearing be closed. Commissioner Pistor moved that the ordinance as numbered and titled below, amending Ordinance 76-49 to provide for temporary exemption of parking restrictions, with the correction made as to the effective date. be adopted. Motion seconded by Commissioner Wimer and carried unanimously 4/0 and entered in Ordinance Book #9. ORDrNA.~cn NO. 79-15 AN ORDINANCE AMENDING ORDINANCE 76-49 TO PROVIDE FOR TEMPORARY SUSPENSION OF ORDINANCE AND FOR RENUMBERING ENSUING SECTIONS OF ORDINANCE. 800K 045 PACE 646 aOOK 045 rAGE 647 March 6. 1979 ORDINANCE 79-16 RE PETITION R-78-35-C, J.R. MURPHY. ~ENOING ORDINANCE 75-30 CHANGING ZONING CLASSIFICATION FHliM 'IA" AGRICULTURE TO "GC" GOLF COURSE. flRM_l" RESIDENTIAL SINGLE AND MULTIFAMILY. AND "GRe" GENERAL RETAIL COMMERCIAL, SEC. 26, T49S, R26E, SO. OF GOLDEN GATE PKWY. AND WEST OF AIRPORT RD. - ADOPTED. PETITIONER'S AGREEME'I{T TO STIPULATIONS - ACCEPTED Legal notice having been published in the Naples Star on February 2, 1979 as evidenced by Affidavit of rublication filed with tho Clerk. public hearing was opened to consider Petition R-78-35-C by J. R. Murphy Enterprises requesting a change in the zoning classification from "A" Agriculture to "GC" Golf Course, "RM-l" Residential Single and Multifamily, and "GRC" General Retail Commercial for property in Section 26. T49S, R26E. south of Golden Gate Parkway and west of Airport Road. Dr. Neno Spagna, Community Development Administrator. noted that the petitioner is requesting rezoning for a 245 acre golf course and residential development consisting of 252 residential units and 10 guest villas. Also. there is a 10 acre commercial tract located in the northeast corner of and exclusive of the residential development. He said that the .." overall density of the project is 1.04 dwelling units per acre. Continuing, Dr. Spagna said that the Coastal Area Planning Commission held their public ~earing on February 1. 1979 and that they recommended forwarding Petition R-78-3S-C to the Board with a recommendation of approval subject to staff stipulations and the additional stipulation that the noise hazard warning is to be given to all buyers. He noted that the petitioner has agreed to these conditions. Chairman Brown questioned the need for the noise hazard warning, noting that there are other subdivisions in the immediate area, namely Poinciana. and asked if they have agreed to the same conditions. Dr. Spagna replied in the negative. Chairman Brown inquired why the staff and CAPC has requested this stipulation. Dr. Spagna said that there were some Objections raised at the public hearing before the CAPe because this project will be about 3/4 miles north of the airport. Commissioner Pistor expressed concern as to the kind of entrances into the commercial area at the corner of Golden Gate Parkway and Airport ,- . . March 6. 1979 Road, noting that these roads are going to be 4-1aned. Mr. William Vines, Planner, rep;'~senting the petitioner. said that the traffic problem has been taken into consideration. He said that two points of entrance and exit are planned and that in each case they will match the median break. He said that the entrance on Airport Road will be the conventional street intersection. approximately 600 feet below the main intersection, adding that this is standard highway design. Commissioner Wenzel questioned if Dr. Spagna considers this "spot" zoning. Dr. Spagna said that he is against "spotll and "strip" zoning but in looking at this particular location Objectively it is not suitable for single family residences. Referring to the proposed commercial zOing Mr. Vines said that in all probability there will be no retail, it will be specialized commercial facilities such as offices and a restaurant. During general discussion Mr. Vines pointed out that the tract of land being discussed is being carved from a larger Collier holding and , that the commercial area is not part of Bear1s Paw Country Club. it is held by a different owner. More discussion was held regarding the noise hazard with Mr. Vines commenting that the air traffic noise is insignificant~ it is hte highway noise that is predominant. Chairman Brown again asked why it was even considered and expressed his concern that the Board is operating outside its area. Dr. Spagna concluded that the measure is a protection for the airport as well as prospective buyers in that they would have no complaint against aircraft noise. There being no registered speakers. Commissioner Wenzel moved. seconded by Commissioner Pistor and carried 4/0, that the public hearing be closed. Commissioner Pistor moved, seconded by Commissioner Wenzel, that Petition R-78-35-C changing the zoning classification from 'IA" AgriCUlture to "GC" Golf Course. "RM-l" Residential Single and Multifamily, and ~OOK 045 PAGE 648 BOOK 045 PACE 649 March 6. 1979 "GRC" General Retail Conmercial fo" property in Section 26. T49S. R26E south of Golden Gate Parkway and west of Airport Road be approved and that the ordinance as numbered and titled below be adopted and entered in Ordinance Book 19. Also, that the petitioner's agreement to the stipu- lations be accepted. Upon call for the question the motion ,carried 4/0, Commissioner Archer absent. ORDINANCE NO. 79- 16 AN ORDINANCE AMENDING ORDWANCE 76-30 THE COM- PREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF THE COASTAL AREA PLANNING DISTRICT BY AMENDING THE ZONING ATLAS MAP NUMBER 49-25-7 BY CHANGING THE ZONING CLASSIFICATION OF THE FOLLOWING ,DESCIRBED PROPERTY FROM "A" AGRICULTURE TO liGen GOLF . COURSE. "RM-I" RESIDENTIAL SINGLE Aa~O I1ULTI-FAMILY AND "GRC" GENERAL RETAIL COMMERCIAL: THAT PORTION OF SECTION 26, TOWNSHIP 49S. ~~GE 2SE LYING SOUTH OF GOLDEN GATE PARKWAY AND WEST OF AIRPORT ROAO AND BY PRCVIDING AN EFfECTIVE CATE. ~ . . . * * * . * . BOOK 045 PACE 651. ORDINANCE 79-17 CREATING THE GOOOLA"J MUNICIPAL FIRE DISTRICT - ADOPTED Legal notice having been published in the Marco Island Eagle on February 8, 1979 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened on a proposed ordinance to create the Goodland Municipal Fire District with power to prOVide fire protection services therein and the power to levy one (1) mil of ad valorem taxes. Commissioner Pistor said that due to an error the legal description of the Marco Island Fire District deleted a portion of Goodland. He said that the Tax Collector and Property Appraiser assess and collect by legal description. therefore, Goodland has not been paying fire taxes although they have been served by the Marco Island Fire District for all of the years that it has been in existence. Although not registered to speak, Mr. Sid Webster of Goodland requested permission to address the Board. He questioned what was being done and Commissioner Pistor explained to him in detail the action just concluded. Mr. Webster said that t~eir fire protection was worth nothing, whereupon Commissioner Pistor advised him that they could set up an independent fire district and have them obtain their own people and equip- ment at considerable cost. Commissioner Pistor noted that petitions have been received requesting the creation of the district. Commissioner Wenzel recalled that 8-10 years ago the people decided that they wanted to be included in the fire district. however. through an error they were not included in the legal description. therefore. they were not taxed. He emphasized that the action being taken is only for the correction of a description mistake. Mr. Webster questioned his district taxes and requested that no action be taken at this meeting. Fiscal Ofticer Hall suggested that Mr. Webster speak with Tax Collector Ayers to determine the makeup of his tax bill. Mr. William D. Wetzel, representing the Goodland Civic Organization, said that that group disagrees with Mr. Webster. He suggested that this March 6, 1979 .r-..t , March 6, 1979 is a start to better fire protection and said that they are pleased with \ the fire protection being receive~. Continuing, Mr. Wetzel said that most of their members live in Goodland and pay taxes in Goodland and want to pay their share for fire protection. There being no further discussion Commissioner Wenzel moved, seconded by Commissioner Pistor and carried unanimouSly 4/0, that the public hearing be closed. Commissioner' Pistor moved to adopt the ordinance creating the Goodland Municipal Fire District with the power to provide fire protection services therein and the power to levy one (1) mill of ad valorem taxes under Section 125.01 of the Florida Statutes, establis~ing the Board of County Commissioners as the governing body. Commissioner Wenzel seconded the motion. Upon call for the question the motion passed 4/0, Commissioner Archer absent. and the ordinance as numbered and titled below was adopted and entered in Ordinance Book #9. ORDINANCE !\O;- 79- 17 AN ORDINANCE TO CREATE THE GOODLAND MUNICIPAL FIRE DISTRICT WITH POWER TO PROVIDE FIRE PROTECTION SERVICES THEREIN AND THE POWER TO LEVY ONE (1) MILL OF AD VALOREM TAXES UNDER SECTION 125.01 (q) OF THE FLORIDA STATUTES~ ESTABLISHING THE BOARD OF COUNTY COMMISSIONERS AS THE GOVERNING BOARD~ PRO- VIDING AN EFFECTIVE DATE. . PETITION SMP-79-1C. GATH INC. REQUESTING SUBDIVISION MASTER PLAN APPROVAL FOR PROPERTY KNOWN AS TALL PINES LOCATED IN SEC. 12. T49S, R2SE _ AUTHORIZED FOR PUBLIC HEARING APRIL 3. 1979 Commissioner Wenzel moved, seconded by Commissioner Pistor and carried unanimously 4/0. that Petition SMP-79-1C, Gath Inc. requesting subdivision master plan approval for property known as Tall Pines and located in Section 12, T49S, R25E. just north of the entrance to Barron Collier High School be advertised for public hearing April 3. 1979. i'oOK 045 PAcr 652 BOOK 045 PACE 65S March 6. 1979 PETITION A-79-1-C J.W. ANDERSON APPEAI.ING THE DECISION OF THE ZONING DIRECTOR THAT A GREYHOUND BUS PASSENGER FACILI1. IS A PRINCIPAL USE IN "GRC" ZONING DISTRICT - ADVERTISED FOR PUBLIC HEARING MARCH 27. 1979 Commissioner Wenzel moved. seconded by Commissioner Pistor and carried unanimously 4/0, that Petition A-79-1-C by J.W. Anderson appealing the decision of the Zoning Director that a Greyhound Bus passenger facility is a prinicpal . use In "GRC" zoning dfstrfct be advertised for public hearing March 27. 1979. CHAIRMAN AUTHORIZED TO SIGN CONTRACTUAL AGREEMENT FOR SERVICES BETWEEN THE fLORID^ DEPARTMENT OF OrfENDER REHABILITATION AND THE BOARD OF COUNTY COMMISSIONERS RE COUNTY TO BE REIMBURSED BY THE DEPARTMENT A PERCENTAGE OF FEES COLLECTED BY COUNTY PROBATION OFFICE Judge Thomas Trettis presented the request for approval of a contract between the Florida Department of Offender Rehabilitation and the County which would enable the County's Probation office to receive, from the State. a $6.00 reimbursement for every $10.00 probation fee collected. Judge Trettis stated that the Probation Department has been self-supporting since its inception and with the signing of the above-referenced agreeme~t, will be able to continue in like manner inClUding the additional personnel that Ms. A~n Morgan. Director of County Probation, indicate: is necessary. Commissioner Wenzel moved, s~conded by Commissioner Pistor and carried 4/0. with Conrnissioner Archer absent, to authorize the Chairman to sign the Contractual Agreement for Services between the Department of Offender Rehabilitation and the Board of County Commissioners. * * * * * * * * * * * * * * * ',.' March 6. 1979 . RESOLUTION 79-37 ALLOWING PARKING ON SWALE AREAS OF MARCO ISLAND DURING TONY ~~EMORIAL TOURNAMENT. MARCH 12. 1979 - ADOPTED Commissioner Pistor moved, seconded by Commissioner Wenzel and carried 4/0, with Commissioner Archer absent, that Resolution No. 79-37, "Suspending operation of Ordinance 76-49 with respect to parking in swale areas of County rights-of-way on Marco Island from 7:00 A.M. to 7:00 P.M. on Mond~. March 12, 1979, being the hours of participation of Collier County Citizens in the Tony Lema Memorial Golf Tournament of the Marco Island Country Club". be adopted. ." '* ." ." ." ... ." ." ." ." ." ." ." ." ." ." ." ." ." ." ." ." '* ." '* '* BOOK 045 PAGr656 800K 045 PACE 659 March 6, 1979 GUN PERMIT NO. 79-8 APPROVED FOR I:~~NCE TO GAIL ERNEST KERN C~unty Manager Norman presented the requ~st by Gail Ernest Kern for a concealed weapon permit, stating that Mr. Y.ern has met all the prerequisites as stated in the application, including a statement from Deputy Chief Barnett that Mr. Kern has no criminal record. Mr. William Morse, District Chairman of American Pistol and Rifle Associ- ation, spoke in opposition to the issuance of such a permit. saying Mr. Kern's position as Range Master of the Target IV Range did not. in his opinion, require Mr. Kern to carry a concealed weapon. Mr. Morse questioned the dollar amount of monies to be carried by Mr. Kern and the premise that "security of property" was as great as had been indicated. Mr. J.C. Caruthers, Executive Vice President of American Pistol and Rifle Association, also spoke in opposition, making mention of a proposed list of people that are to be excluded from using the SUbject range and while, this has no bearing on the issuance of a gun permit, r~r. Caruthers wanted it mentioned for information purpoSJS in regards to the present litigation surrounding the property. The Board was reminded that the request is for Mr. Kern's concealed weapon permit and not the determination of who will be allowed to use the range. Commissioner Pistor moved, seconded by Commissioner Wenzel and carried 4/0. with Commissioner Archer absent, that Gun Permit No. 79-8 be issued to Mr. Gail Ernest Kern. COUNTY ENERGY EMERGENCY ADVISORY PANEL (CEEP) ESTABLISHED. COUNTY MANAGER AUTHORIZED TO APPOINT MEMBERS 1'0 THE NEW "ADVISORY COMMITTEE ON ENERGY EMERGENCIES" County Manager Norman presented the request to establish a County Energy Emergency Advisory Panel (CEEP) as requested by Honorable Robert Graham, Governor, in accordance with Florida's Energy Contingency Plan, to work with suppliers and consumers of all types of energy within Collier County in the event of an energy shortage. Mr. Norman recommended the fOllowing names to be appointed as members of the Countj Energy Emergency Advisory Panel: r- ' March 6. 1979 C. William Norman County Manager-Chairman Norris Ijams James Ringo Doug Avery William Ryan County Fuel Alloca- tion Officer Fire Chief & Civil r~f. Dir. City of Naples Chr., Immokalee Area Plan- ning Corrmittee Oleum Corp. V.P. & General Mgr. Cabl~vision Immokalee Fla. Petroleum Marketers Assoc. Consumers/Media At the same time, Mr. Norman asked that the Board authorize the establishment of an Advisory Committee on Energy Emergencies to which he will appoint pighteen (18) persons and explainod that such an advisory committee will work Closely with the County Energy Emergency Advisory Panel. Commissioner Wimer moved, seconded by Commissioner Pistor and carried 4/0. with Commissioner Archer absent. that a County Energy Emergency Advisory Panel be established with the five above-named persons appointed as members of said panel. Commissioner Wimer moved, seconded by Commissioner Pistor and carried 4/0. with Commi"sionei' Archer absent, that an Advisory Committee on Energy Emergencie be established with County Manager Norman authorized to appoint the necessary persons to such a committee. REQUEST FOR INSTALLATION OF ELECTRICAL FACILITIES FOR IMMOKALEE COUNTY PARK RE IMMOKALEE HARVEST FESTIVAL - DENIED Commissioner Wimer moved, seconded by Commissioner Pistor and carried 4/0. with Commissioner Archer absent, that the item concerning the above-referenced title, be declared an emergency item and added to today's agenda. Assistant County Manager Woodruff presented the request for the expenditure of approximately $1,000 for the Wiring at the Immokalee Park to be used in conjunction with the Immokalee Harvest Festival. March 15, 1979. Mr. Woodruff stated that the requested improvements cover approximately 1,000 linear feet of electrical line for 120 volt service and 12 receptacles to be stationed at various points around the park. He also gave an estimated cost for a permanent installation as being approximately $1.000 while a temporary installation would cost approximately $900.00 - each figure including placing the electrical lines underground (both for security and less theft damage). Mr. Woodruff explained BOOK 045 rAGE 660 MOX 045 PACE 661 March 6, 1979 that the Immokalee Harvest Festival is an annual occurance and while the festival is not held under the auspices of t.he County Parks and Recreation program, the suggested improvements would greatly enhance the Immokalee Park, which is owned by the County. Discussion followed with statements being made that the County had not financed such requests for the Swamp Buggy Festival nor the Collier County Fair with the consensus of the Board being that the Immokalee Harvest Festival committee should bear the financial burden. Chairman Brown moved, seconded by Commissioner Pistor and denied by a 1/3 vote, with Commissioner Archer absent, that the County install wiring at the Inmokalee Park for the Immokalee Festival. Commissioners Pistor, Wenzel and Wimer dissented. EXTENSION OF TIME FOR TnE SUijDIVISION MASTER PLAN APPROVAL FOR PETITION SMP-78-8C RIVIERA GOLF ESTATES UNTIL OCTOBER 24, 1980 - GRANTED Dr. Neno Spagna, Community Development Administrator, presented the petitIoner' (Riviel'a Golf Estates) request for an extension of time regarding the project's Master Plan approval which was given by the Board in October, 1978. Dr. Spagna stated that the Su~division Regulations require that even though the Subdivision is done in phases, the Subdivision Approval lasts only for one year. He said that the petitioner is proceeding with the Final Plat for Unit 2 and Unit 3 and it is 80% complete. however, all of the phases will not be able to be completed within the one year time period. It was the staff's recommendation that the Board grant the extension until October 24, 1980. Commissioner Pistor moved, seconded by Commissioner Wimer and carried 4/0, with Commissioner Archer absent, that the extension of the Subdivision Master Plan for Petition SMP-78-8C, Riviera Golf Estates. be granted until October 24, 1980. r-. . March 6, 1979 REQUEST BY D.T. TACKNEY REPRESENTING SUB OCEANIC CONSULTANTS. INC. FOR A LETTER OF NO OBJECTION REGARDING DEPARTMEN1 OF NATURAL RESOURCES AND PETITIONS A-77-3V. (PRINCESS DEL MAR) AND A-78-P-~85 ~PRINCE DEL MAR) - DENIED. STAFF AUTHORIZED' ADVISE DNR THAT THE COUNTY WOULD LIKE TO REVIEW ALL FUTURE VARIANCES FROM THE CCSL PRIOR TO ANY DNR ADMINISTRATIVE APPROVAL BEING MADE Dr. Neno Spagna, Community Develop~ent Administrator. reviewed the request by D.T. Tackney of Sub Oceanic Consultants, Inc. for a letter of no objection regarding the Department of Natural Resources and their administrative approval of the ~wo Petitions A-77-3V-219 (Princess Del Mar) and A-78-P-28S (Prince Del Mar), saying that the Bureau of Beaches and Shores had determined that the work involved in both petitions had been of such a minor nature that the normally required variances, issued by the County and the Cabinet, would not be necessa~ Dr. Spagna stated that neither variance had been reviewed or approved by the Board which does not comply with Ordinance 75-19 that requires that all constru. seaward of the Coastal Construction Setback Line be reviewed and approved by the Board of County Commissioners. Mr. D.T. Tackney, representing Sub Oceanic Consultants, Inc~ explained that two petitions had not been forwarded to the DNR in an attempt to bypass the Boal of County Commissioners but had been so han~led because of the minor nature of the work involved. Mr. Tackney stated he wanted to abide by the Board's wishes Discussion followed which covered the construction of a 7 foot wall for SOl 600 feet as being more than minor work; the fact that none of the construction I been started. the prerequisite that there should be input from the public of Marco Island concerning such variances and the need for public hearings regardil such requests for variances. Commissioner Wimer moved, seconded by Commissioner Pistor and carried 4/0. with Commissioner Archer absent, not to grant the Letters of No Objection regarc the DNR and Petitions A-77-3V-219 (Princess Del Mar) and A-78-P-285 (Prince Del Commissioner Wimer moved, seconded by Commissioner Wenzel and carried 4/0. with Commissioner Archer absent, that the DNR be notified that the County will want to review and comment on all future variances from the CCSL in Collier COUI prior to any DNR administrative approval. aDOK 04.5 PACE 662 BOOK 045 PAGE 663 March 6. 1979 PURCHASING DIRECTOR'S REQUEST TO ~ELL ALL 67 MODEL NO. 2.5 VOTING MACHINES FOR $13.400.00 - APPROVED ~'r. Frank Wilcox, Purchasing Director, reported to the Board that, after having received approval of disposition from the State Director. he had contacted all interested parties on the sale of 67 surplus voting machines now being held by Collier County. (The recent purchase of new voting equipment by the County making them unusable). He stated he has had an offer from Martin County to purchase 40 of the model 2.5 machines for $10,000 and an offer from Reliable Election Services of Mt. Holly, New Jersey for the balance of 27 machines for $3,400. r.lr. Wilcox requested that he be allowed to sell all 67 model 2.5 voting machines for a total of $13,400. Commissioner Pistor moved, seconded by Commissioner Wenzel and carried 4/0. with Commissioner Archer absent, to approve the sale of all 67 model 2.5 voting machines for a totdl of $13,400. SUPPLEMENTAL ~ERVICES OF CONSULTING ENGINEERS FOR GOODLAND WATER DISTRICT IN CONNECTION WITH THE PREPARATION AND PROCESSING OF DER AND CORPS OF ENGINEERS PERMITS - AUTHORIZED IN A AMOUNT NO~ TO EXCEED $1.000 Utility Director Berzon presented the request for the expenditure of funds not to exceed $1.000 for supplemental services of the Consulting Engineers, CH2M Hill. for Goodland Water District in connection with thA preparation and processing of the necessary applications for DER and Corps of Engineers permits and such other permits as may be required and that once the authorization is given. that this matter be forwarded to the Farmers Home Administration for their approval as an eligible cost of the project. Commissioner Wimer moved, seconded by Commissioner Wenzel and carried 4/0. with Commissioner Archer absent, that the expenditure of funds not to exceed $1.000 for supplemental services of the Consulting Engineers, CH2M Hill. for Goodland Water District, in connection with the preparation and processing of the necessary applications for DER and Corps of Engineers permits and other such permits as may be required, be authorized. In addition, that this matter be forwarded to the Farmers Home Administration for their approval as an eligible cost of the project. " 'March 6. 1979 WATER PURCHASE AGREEMENT BETWEE;~ GO~DLAND~ INC. AND THE DEL TONA CORPORATION - APPROVED Utility Director Berzon stated that Goodland, In~. has made a contract to buy water from Deltona Corporation during the interim before the Goodland Water District is ready for service and it is this water purchase agreement between Goodland, Inc. and the Deltona Corporation that he is asking the Board to approve. Commissioner Wenzel moved, seconded by Commissioner Pistor and carried 4/0, with Commissioner Archer absent, that the water purchase agreement between Goodland. Inc. and the Deltona Corporation be approved. PAYMENT OF ROUTINE BILLS - AUTHORIZED Following Fiscal Officer Harold Hall's statement that the bills being presented for approval of payment have been prepared following established procedures and that funds are available, Commissioner Wenzel moved, seconded by Commissioner Pistor and carried 4/0, with Commissioner Archer absent, that the bills be approved for payment as witnesJed by the following warrants issued from February 28, 1979 through March 6, 1979: FUND, General Fund Road & Bridge '2 Aquatic Weed CETA F're Hydrant Assessment Fund COlAnty Warrants BCC Payroll . WARRANT NOS. 23 11 4 7 2 004533 - 004805 57354 - 57972 BUDGET AMENDMENT 79-45 FINAL PAYMENT OF FRONT END LOADER/SOLID WASTE ADMINISTRATIf ADOPTED IN THE AMOUNT OF $2,430.00 Commissioner Wenzel moved, seconded by Commissioner Pistor and carried 4/0, with Commissioner Archer absent, that Budget Amendment 79-45 for the final pay- ment of front end loader/Solid Waste Administration. be adopted in the amount of $2,430.00. . . &oOK 045 PACE 664 . . * * * * March 6. 1979' BUDGET AMENDMENT 79-46 FOR THE TRANSFER OF FUNDS TO PROVIDE FOR EXPENDABLE ITEr~S TO BE CHARGED TO 344 AMBULANCE StRVICES/AMERICAN - ADOPTED IN THE AMOUNT OF $8,248 Commissioner Wenzel moved, seconded by Conmissioner Pistor and carried 4/0, with Commissioner Archer absent, that Budget Amendment 79-46 to transfer funds to provide for expendable items to be charged to 344 Ambulance Services/American. be adopted in the amount of $8,248.0Q. ." ." .- * ." '" ." ,:- * * * * ." * * ." * * * * * ." * * * * * * BOOK 045 PAGE666 ",....... .., , March 6. 1979 . , BUDGET AMENDMENT 79-47 - APPROPRIATION OF FUNDS FOR PURCHASE OF BELL HELICOPTER PARTS - ADOPTED IN THE AMOUNT OF $2.500.00 Commissioner Wenzel moved. seconded by Conmfssfoner Pfstor and'carried 4/0, with Commissioner Archer absent. that Budget Amendment 79-47 for the appropriation of funds for purchase of Bell helicopter parts. be adopted in the amount of $2.500.00. * * * * * * * 11 o. * * * * * * * * * * .'. * * ...., " 'It * * * * * * * * BOOK 045 PAGE 668 ".-.., March 6, 1979 BUDGET AMENDMEtlT 79-48 TO TRANSFER FUNDS FOR PURPOSE OF SEPARATING SMALL STORE~ AND XEROX - ADOPTED IN ~; AM~UNT OF $10.000 Commissioner Wenzel moved, seconded by Commissioner Pistor and carried 4/0, with Commissioner Archer absent, that Budget Amendment 79-4B for the transfer of funds for the purpose of separating small stores and Xerox. be adopted in the amount of $10,000. * * * * * * lI. * * * * * * * * * * * * * * * * * * * * eoOK 045 fAGE 670 ;.---', , " March 6,' 1979 BUDGET AMENDMENT 79-49 - TRANSFER OF FUNDS FOR'PURPOSE OF EQUIPPING CARS RE ALS PROGRAM, INCLUDING SALARY OF MCllICI,t. DIRECTOR FOR ,TWO MONTHS - ADOPTED IN THE AMOUNT OF $6,500 ' . ".;1"" '. ' , Commissioner Wenzel moved. seconded by Commissioner P1stor and carried 4/0. with Commissioner Archer absent. that Budget Amendment 79-49 for the transfer of funds for the purpose of equipping cars r. ALS program, including salary of Medical Director for two months. be adopted in the amount of $6.500. .. * .. * .. .. - .. .. .. .. .. .. .. .. .. .. .. .. .. * * .. .. .. * &OOK 045 PACE 672 ~. March 6. 1979 FISCAL OFFICER HAROLD HALL GIVES STATUS REPORT OF AMENDMENTS TO BUDGET LINE ITEMS PROCESSED WHICH DO NOT REQUIRE BOARD APPROVAL Fiscal Officer Harold Hall gave a status report on Memo Budget Amendments, explaining that these Budget Amendments are a result of the policy adopted by the Board prior to this fiscal year and at the time of the adoption of the budget. Mr. Hall explained that the .Board had approved the budget in "object ranges" rather than in "individual line items". saying that one of the purposes of such approval was to keep from coming back to the Board with a large number of minor budget amendments - i.e. transferring from one kind of supply to another kind of supply. He stated that there are currently, five such budget amendments being processed, adding that both the County Manager's and his approval have been obtained. It is at this time. Mr. Hall continued, that the line items are amended in the budget with no change to the budget as approved by the County. He said that this is the first time that such items have been necessary and he thought this would be the proper time for such a status report so that members of the Board could see what the items look.like and ho~ they are being processed. Mr. Hall concluded wi~h the statement that County Manager Norman is controlling his budget. in every department, down to the individual 1 ine items. explaining that all department heads are ,required to account for all funds within their departmental budget, down to the line item. He said thi$ procedure is working very nicely and is doing what it was intended to do. CHAIRMAN AUTHORIZED TO SIGN FORMS REGARDING THE DISPOSITION OF NON-EXPENDABLE PROPERTY WHEN GRANTS FROM THE BUREAU OF CRIMINAL JUSTICE ASSISTANCE TERMINATE Administrative Aide Mary Morgan presented the forms that are required to be signed for the disposition of non-expendable property obtained with funds from Subgrant Award 75-AS-09-EIOI/Bureau of Criminal Justice Assistance, when said grant expires. The implementing agency for the above referenced grant is noted as the Collier County Mental Health Clinic, Inc. Mrs. Morgan requested that the Chairman be authorized to sign the forms so that they may be returned to the Bureau of Criminal Justice Assistance. BOOK 045 PACE 674 BOOK 045 rAGE 675 March 6, 1979 Commissioner Wenzel moved, s~~on~1d by Commissioner Pistor and carried 4/0, with Commissioner Archer absent, that the Chairman be authorized to sign the above-referenced form and SUbsequently. send such forms on to BCJA. ." ." ." ." ." ." ." ." " ." ." ." ." ." ." ." ." ." ." ." ." ." ." ." ." ." ." ." ." March 6. 1979 COUNTY ENGINEER AUTHORIZED TO RUN WATER LINE FROM LAKE TRAFFORD ROAD TO LAKE TRAFFORD CEMETERY IN THE AMOUNT OF $1,320. REQUEST FOR CONTINUANCE OF WATER LINE FROM CEMETERY TO IMMOKALFE-ftRK FOR USE BY IMMOKALEE LITTLE LEAGUE - DENIEI County Engineer Barksdale reviewed the request posed to the Board by Mr. Paul D. Barber, President, Immokalee Little League Association. which asked that the contemplated water line from Lake Trafford Road to Lake Trafford Cemetery be extended to include the Immokalee Park, acknowledging that the entil financing will have to be borne by the County. Mr. Barksdale gave the costs fOI running the proposed water line to both the cemetery and the park as being $2,200. adding that the sale of cemetery lots during 1978 has been only $1,650. Commissioner Wenzel suggested that the financing could be taken care of by the sale of the lots in Lake Trafford Cemetery for a period of five (5) years (usin! .' a $5.00 figure per lot for the calculations). Discussion followed regarding who would pay for the water, once the line i! laid; the fact that the request by the Immokalee Lftte League is made by a private organization; the long-standing need for water to the cemetery and the L of the park for the more desired recreational pastimes than are now available to the youth in the area. ... Commissioner Pistor moved that County Engineer Barksdale be authorized to construct the water line from Lake Trafford Road to the Lake Trafford Cemetery and continue on to the Immokalee Park, then bring back to the Board a method of financing the project. The motion was seconded by Chairman Brown. Upon call for the vote, the result was a 2/2 tie. Following more discussion, Commissioner Pistor amended his motion to author the County Engineer to construct the water line from Lake Trafford Road to the Lake Trafford Cemetery only for a cost of $1,320 and bring back to the Board a method of financing the project. The motion was seconded by Commissioner Wimer and carried 4/0 with Commissioner Archer absent. STAFF MEMBER AUTHORIZED TO ATTEND STATE SEMINAR ON SHORE AND BEACH PRESERVATION TO BE HELD APRIL 5 AND 6, 1979 IN GAINESVILLE. FLORIDA Commissioner Wimer moved, seconded by Commissioner Wenzel and carried 4/0. with Commissioner Archer absent, that the appropriate staff be authorized to att, BOOK 045 PAGE 678 BOOK 045 PACE 679 Marc,h 6. 1979 the State Seminar on Shore and Beach Preservation to be held April 5 and 6. 1979 in Gainesville, Florida. RESOLUTION FROM GADSDEN COUNTY, FLORIDA REGARDING COUNTIES RETAINING AUTHORITY FOR ISSUANCE OF PERMITS IN THE CONSTRUCTION OF WATER IMPOUNDMENTS (DAMS) TO BE REVIEWED BY STAFF AND BROUGHT BACK WITH RECOMMENDATION TO THE BOARD It was the consensus of the Board that the Resolution from Gadsden County, Florida regarding each county retaining authority to issue permits for the construction of water impoundments (such as dams) be reviewed by the Staff and a recommendation be brought back to the Board. PLANNING DIRECTOR DESIGNATED AS LOCAL GOVERNMENTAL OFFICIAL TO REVIEW THE PRELIMINAI INFORMATION COMPILED FROM THE 1980 DECENNIAL CENSUS REGARDING NUMBER OF HOUSING UNITS, ETC. . Commissioner Wimer moved, seconded by Commissioner Pistor and carried 4/0, with Commissioner Archer absent. that the Planlling Director be designated as the local Governmental Official to review the preliminary information compiled from the 1980 Decenliial c~nsus as it regards the number of housing units, etc. AGREEMENT AND ADDENDUM TO AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE PELICAN BAY IMPROVEMENT DISTRICT FOR STREET LIGHTING WITHIN THE PELICAN BAY AREA - APPROVED Commissioner Wimer moved, seconded by Commissioner Pistor and carried 4/0, with Commissioner Archer absent, that the agreement together with the addendum to the agreement between the Board of County Commissioners and the Pelican Bay Improvement District for street lighting within the Pelican Bay area be approved. Chairman Brown asked that the record show that such approval was given on the advise of legal counsel. . . * . * * . . . * . * . * * BOOX 045 rACE 683 ~larch 6, 1979 Cor.V'llSSIONER WENZEL'S RESIGNATION FROM THE COLLIER COUNTY MENTAL HEALTH BOARD - ACCEPTED - CO~'ISSIONER ARCHER "~POi~TEO TO FILL THE V~CANCY Chairman Brown accepted Commissioner Wenzel's resignation from the Collier County Mental Health Board due to health reasons. Commissioner Wimer moved. seconded by Commissioner Wenzel and carried 4/0, with Commissioner Archer absent, that Commissioner Archer be appointed to fill the vacancy on the Collier County Mental Health Board. CERTIFICATE OF COUNTY CANVASSERS RE NAPLES PARK STREET LIGHTING - FILED FOR THE RECORD Certificate of County Canvassers regarding the election held concerning the creation of a taxing district to provide street lighting in Naples Park together with the authority to levy sufficient taxes to pay costs of such street lights. the millage levied in no event to be more than 1.5 mills was accepted for the record. The certificate showed there were 581 votes cast - 278 votes/FOR and 283 votes/AGAINST. :::- * * * * * * * * * . . * . * * * * * * * * \ ~ ,";~ .' ,,"', . ~~...".,..,..-,H March 6, 1979 There being no further business for the good of the County. the meeting was adjourned by order of the Chair. Time: 11:45 A.M. BOARD OF COUNTY COMMISSIONERS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTR~ ~- . ATTEST: WILLIAM J. REAGAN, CLERK , " ,'. . ... . .. "'~ .-- " , " , ..-....\, . ..:::' , .*', 7 " ~ 'I "\' BOOK 045 PACt 688