Loading...
BCC Minutes 03/20/1979 R Naples, Florida, March 20, 1979 LET IT BE REMEMBERED. that the B~ard 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 CourthousQ Complex with the following members present: CHAIRMAN: David C. Brown VICE-CHAIRMAN: Clifford Wenzel John A. Pistor C. R. -Russ" Wimer Thomas P. Archer ALSO PRESENT: William J. Reagan. Clerk, Harold L. Hall, Chief Deputy Clerk/Fiscal Officer. Virginia Magri. Deputy Clerk. C. William Norman. County Manager. Donald A. Pickworth. CourtJ Attorney; Neno J. Spagna. Community Development Administrator. Clifford Barksdale. County Engineer; Irving Berzon, Utility Director; ~~ry Morgan. Adm1nistrative Aide to the Board. and. Deputy Chief Raymond Barnett. Sheriff's Departmentr ~ BOARD OF COUNTY COMMISSIONERS FINAL AGENDA .MARCH 20, 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: March 6, 1979 5. PROCLAMATIONS AND PRESENTATIONS OF AWARDS 6. SOCIAL SERVICES 7. ADVERTISED PUBLIC HEARINGS &OnK 045 rAGE 708 .( ,- '~..Mar~h 20, 1979 AGENDA - APPROVED AS SUBMITTED Commissioner Pistor moved, sec~~ded by Commissioner Wimer and carried unanimously 5/0, that the agenda be approved as pres'~Led. MINUTES OF MARCH 6. 1979 - APPROVED Commissioner Pistor moved. seconded by Commissioner Wenzel and carried unanimously 5/0, that the minutes of March 6, 1979 be approved. PETITION NZ-79-1-C REQUESTING AMENDMENT TO ORDINANCE 76-30 SECTION 3. DEFINITION fOR ACCE.S~9RY..JJ.?LOR STRUCTURE - DEN I ED Legal notice having been published in the Naples Daily News on February 28, 1979 as evidenced by Affidavit of Publication filed with the Clerk. public hearing was held to consider an am~ndment to Ordinance 76-30. Section 3. by changing definition for accessory use or structure. Dr. Neno Spagna, Community Development Administrator. said that the petitior is to require that accessory structures be constructed on the same lot as the principal ~truct~re it i~ intended to serve. He said that the CAPe heard the petition on March 1, 1979 and recommended t~at the sug~~sted new wording be deniE and that the exi~ting wording remain as written. He noted that the Planning Department staff concurs with the recommendation. Discussion was held regarding accessory structures in. residential and commercial areas. Dr. Spagna noted that it is not uncommon for someone to have two lots. one with the main structure and the other with accessory structures. H said that the violation occurs when the garage is used for something other than permitted in the district. Commissioner Archer questionpd County Attorney Pickworth as to the parking ordinance and he replied that as it stands now it is "O.K.... that it is a matter of enforcement problem. There being no one registered to speak Commissioner Wimer moved. seconded by Commissioner Archer and carried unanimously 5/0, that the public hearing be closp. Commissioner Wimer moved to accept the staff recommendation and that Petitio NZ-79-1-C be denied. Commissioner Pfstor seconded the motion which carried unanimously 5/0. aOOK 045 PAGE 712 ~co~ 045 PAGE 11a ORDINANCE 79-18 RE PETITION R-78-34-C. MOORINGS. INC. REZONING FROM AGRICULTURE TO SINGLE FAMILY PROPERTY LOCATED 1I~ SE.:lION 15. TOWNSHIP 49 SOUTH. RANGE 25 EAST. LOCATED WEST OF COUNTRY CLUB OF NAPLES - ADOPTED March 20. 1979 Legal notice having been published in the Naples Daily News on January 19, 1979 as evidenced by Affidavit of Publication filed with the Clerk. public hearing was opened to consider Petition R-78-34-C. Moorings. Inc. requesting rezoning from agriculture to single family and PUD. Planned Unit Development, for property located in Section 15. Township 49 South. Range 25 East. located west of the Country Club of Naples. This item was continued from February 20. 1979 at the request of the petitioner. Dr. Spagna. Community Development Administrator, noted that the property is from Pine Ridge Road to approximately Solana Road. He said that the petition was reviewed by the CAPC and that they recommend approval with two stipulations: 1. Developer redesign the structure so that no structure would be higher than five stories. 2. Additional dedication of 30' right-of-way along Solana Road for future 1~provemQnts. Commissioner Wenzel questioned Dr. Spagna as to why they would be allowed to .. ." build 8 or 5 stories. He replied that the CAPC elected to have the buildings reduce, to 5 stories. Mr. William Vines. Planner. representing Moorings, Inc. gave a schematic rundown of the components of the plan. He said that Moorings. Inc. is acquiring a 130 acre tract of undeveloped land on the west side of the Country Club of Naplesi tt,e community will be 83 acres and the remaining 47 acres are planned for single family residential development. He said there will be 85 lots and those lots will be totally unconnected to the retirement community which is to be known as Moorings Park. Mr. Vines said that there will be 414 dwelling units. including 15 duplexes. three 2-story buildings. ten 3-story buildings. 20 single family dwellings and two 8-story elevator apartments which flank the core building in which dining and other activities will take place. In addition. he said that there will be a 180 room health center. chapel. community services building. laundry and qrounds maintenance. " ,~ \ ,,- '.... March 20, 1979 Continuing. Mr. Vines said that there were some nearby residents who appeared before the CAPC regarding the ~-story buildings and indicat,ing a preference that they not be that tall. He said the CApe recommended that the buildings be redesigned and a number of design changes were made such as reducing the number of 6-story buildings from three to two. He said they have now satisified the directors of the Country Club and placed in the records copies of letters from The Country Club of Naples. Inc., The Property Owners Association of Big Cypress Estates. Inc. and the Past President of the Association supporting the proposed project. Commissioner Archer questioned if Mr. Vines had done any calculations ~n how much open space will be lost if the buildings are reduced from 6 to 5 story. Mr. Vines said that the buildings would be wider and during further discussion Commissioner Archer pointed out that there would be a 2/3 to 3/4 loss of open space and he would like to see wall-to-wall concrete avoided. Commissioner Pistor questioned if there would be a major disadvantage to the developer if the height were reduced and Mr. Vines pointed out that this is a non-profit operation and it just means~that there will be 72 less residents. Commissioner Wenlel queried why it is necessary to crowd so many units on an acre of land and Mr. Vines replied that they are carefully fOllowing the Comprehensive Plan. Chairman Brown opened the meeting to the public and former mayor Harry Heineman. speaking as a member of the Board of Directors of Moorings. Inc., said that there is an urgent need in the greater Naples area for this type of retirement faCility and that it would be a service to the community if the petition is approved. Mr. Mel Alldredge. representing Moorings. Inc. said that the proposed project will meet the needs of the community and the construction will be quality throughout. He said that the price of the buildings will be slightly higher than the convontional condo due to the health facilities. etc. Commissioner Pistor said that he anticipates increased traffic in the area of Solana Road and asked Mr. Alldredge if his organization would be willing to contribute to a light in the area and he replied in the affirmative. adding that they would also be willing to contribute later to widen Solana Road.. nA~ w~'714 &OOl( 045 PACE 715 March 20. 1979 Messrs. A.D. Maddock. G.T. For~ an~ Mike Zewdlk urged the Board to approve the petition. Also, Mr. Frank Rich. representing the Big Cypress Property Owners Association. urged support of the petition. However. he not~d a drainage problem in the area has been corrected on the south end and the County started about a year ago correcting the drainage problem on the north end but it is not completed. Also. he asked that the record reflect that the north and south areas are going to be zoned to flRS-3" and the property owners are concerned that at some future time someone may come in and say that they need a buffer between the north end of the subdivision and Pine Ridge Road. and maybe it should be rezoned to flRM-1" and "RM-2f1 and they would be opposed to this. Mrs. Betty Van Arsdale said she felt that it is too bad that people in a residential area are faced with an a-story building that they more or less have to accept. She expressed opposition to the high structure and noted that many counties limit the height. ,such as Vero Beach which limits buildings to four stories. There being no other registere~.speakers. Commissioner Archer moved. seconded by Commissioner Pistor and carried 5/0 that the public hearing be closed. Commissioner Wenzel moved, seconded by Commissioner Archer and carried 5/0. that Petition R-78-34-C be approved and that the ordinance as numbered and tftleci Lelow be adopted and entpred in Ordinance Cook No.9. ORDINANCE,79 - ,. i A AN ORDINANCE AMENDING ORDINANCE 76-30 THE COMP~HENSIvE ZONING REGULATIONS FO~THE UNINCORPORATED AREA OF THE COASTAL AltE,.:l PLANNING DISTRICT BY AMENDING THE ZON':tNG-:. ATLAS MAP NUMBER 49-25-5 BY REZONING "THE .:... FOLLOWING DESCRIBED PROPERTy'FROM "AIt';..: '.: .;~ AGRICULTURE TO RS-3 SINGLE FAMILY, PART' ...~\ OF SECTION 15, T49S, R25E WHICH IS LOCATED; WEST OF THB COUNTRY CLUB OF NAPLES AND. B~ :~ l'ROVIDING AN EFFECTIVE DATE. ~~ - .~ '/ ' .. _J cP !:-: ";'., ;.... r.' r.. 1'1." '. - . \.:.', ~. .,.,., ~~ 0 c.P - ~ *Mr. Alldredge said that he would give a ~etter to the Board to this effect. .., .\ .....- " March 20, 1979 . ORDINANCE 79-19 GRANTING PUD ZONING FOR MOORINGS. INC. - ADOPTED Legal notice having been published in the Naples Daily News on January 19. 1979 as evidenced by Affidavit of Publication filed with the Clerk. public hearing was held to consider PUD zoning for Moorings. Inc. This is a companion item to the one previously discussed. therefore. Commissiner Wimer moved, seconded by Commissioner Archer and carried unanimously 5/0, that the public hearing be closed. Commissioner Pistor moved to approve to PUD zoning. seconded by Commissioner Archer and carried 4/1. Commissioner Wenzel dissenting. noting that he is in favor of the project but against the high-rise. whereupon the ordinance as numbered and titled below was adopted and entered in Ordinance Book No.9. ;$,. ~ ('. r- ~':l f;~ G t'.' ;.. i.: '.~ ~....... AN ORDINANCE AMENDING ORDINANCE 76~30'1 THE COMPREHENSIVE ZONING REGULATIONS ;~ FOR THE UNINCORPORATED AREA OF THE '. ..'~ COASTAL AREA PL1u~NING DISTRICT BY:', .... ;a: AMENDING THE ZONING ATLAS MAP NUMBER 49-25-5 BY CHANGING THE ZONING FROM'. -A" AGRICULTURE TO "PUD" PLANNED UNIT DEVELOPMENT ON PROPERTY LOCATF.D IN SECTION 15, TOWNSHIP 49S, ~GE 2SE WHICH IS LOCATED h""EST OF COUNTRY CLUB OF NAPLES AND BY PROVIDING AN EFFECTIVE DATE. ORDINANCE 79 -19 '* '* '* '* '* '* * * '* * '* '* '* RECESS: 10:00 A.M. until 10:07 A.M. '* '* '* '* '* '* '* '* * '* '* '* '* aoOK 045 PAGE 716 r-' r..:. c:1'>> (.: '.. I~ ..-.. -.. :.":.' r.\ ....t. 0 &D - .. . W. '* '* '* '* '* '* &OOK 045 rACE 717 March 20, 1979 RESOLUTION MWS-79-5 CONFIRMING ~:S-7~.3 RE MARCO WATER/SEWER DISTRICT - ADOPTED Legal notice having been published in the Marco Island Eagle on February 28. March 1 and 8. 1979. as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider a proposed resolution confirming Resolution MWS-79-3 ordering the construction of sewer improvements in certain areas of the Marco Water and Sewer District. Utility Director Berzon said that the matter before the Board is to adopt the resolution confirming the tentative apportionment of cost for the constructior of a central sewage collection system on a portion of Marco Island. He noted that the estimated cost for the construction of said system is $1.959.943.81. and the total assessable front footage is 75.914 front feet which equals an assessmen1 of $21.922 per front foot. He emphasized that this is a tentative apportionment of cost and the actual assessment will be after the structure is completed. Continuing. ~r. Berzon said that the financing for the program will not affect the rates of the present users who are on the system at this time. He .. - said that they have made a preliminary application to FmHA and they have indicatel that they would favor a loan for this project. Also. said Mr. Berzon. regardless of what action is taken today construction will not start until the financing plan is arranged and the Commission has had opportunity to review the final finan< picture and only at that time will authorization be requested for construction to start. Mr. Ira Evans. representing the Marco Island Taxpayers' Association, said that there is a general agreement among the people on the Island that there are a number of issues that should be resolved before anything further is committed. He suggested that the capacity be verified and the issuance of building permits for multifamily construction be suspended until there is a program to provide adequate sewage disposal capacity. Also. he said that there should be a review of the rate structure according to the procedures of the Florida Public Service Commission. " , ' . , . " ": March 20, 1979' , , Chairman Brown requested that Mr. Berzon respond to Mr. Evans. Mr. Berzon said that as far as the sewage t.'oatf.'t.,t plant, Deltoni is looking t~ expand; . . regarding the cost of expansion. it will not affect the existing Users of the system. Mr. William Barton. of Wilson. Miller, Barton, Soll & Peek. said that currently the Deltona sewer plant is not utilized to its full capacity. however. they have commitments that will come close to utilizing the full capacity. He said that Deltona is in the process of planning their next expansion. Mr. Berzon reminded the Board that no financing can be arranged without a commitment for treatment as well as determining what the rate structure is going to be. There being no other registered speakers. Commissioner Wimer moved. seconded by Commissioner Wenzel and carried unanimously 5/0, that the public hearing be closed. Commissioner Archer moved to adopt Resolution MWS-79-5 confirming Resolution MWS-79-3. as set out below. Commissioner Wimer seconded the motion which carried ... unanimously 5/0. '* '* '* '* '* '* * * * * * * * * * * * * * aOOK 045' PAGE 718 * ~ 'j . ," BOOK 045 PACE 121 March 20. 1979 . CHAIRMAN AUTHORIZED TO SIGN AGREEMl~T k:'U SIGNAL CONSTRUCTION. INC. FOR THE INSTALLATION OF TRAFFIC SIGNALS AT VANDERBILT BEACH RQAD AND U. S. 41 Commissioner Archer moved. seconded by Commfssioner Wimer and carried unanimously.5/0. that the Chairman be authorized to sign and the Clerk to attest the agreement with Signal Construction. Inc. for the installation of traffic signals at Vanderbilt Beach Road and U.S. 41. * * * * * * ~ * * * * * * * * * * * * * * * * * * * * , March 20, 1979 PETITION CCSL-79-1-C, PHILIP M. FRANCOEUR. REQUESTING A VARIANCE FOR LOTS 2S AND 26. BLOCK A. UNIT 1. CONNORS V~IDE~~ILT 9EACH - AUTHORIZED FOR ADVERTISING FOR PUBLIC HEARING APRIL 10. 1979 . Commissioner Wenzel moved. seconded by Commissioner Archer and carried unanimously 5/0. that Petition CCSL-79-1-C. Philip M. Francoeur. requesting a variance for Lots 2S and 26. Block A. Unit 1, Connors Vanderbilt Beach. be authorized for advertising for public hearing April 10. 1979. PETITION BY G.A.C. FOR VACATION OF A PORTION OF PLAT OF GOLDEN GATE UNIT 2. PART 3 - AUTHORIZED FOR ADVERTISING FOR PUBLIC HEARING APRIL 10. 1979 Commissioner Wenzel moved, seconded by Commissioner Archer and carried unanimously 5/0, that Petition by GAC for vacation of a portion of a plat of Golden Gate. Unit 2. Part 3. be authorized for advertising for public hearing April 10, 1979. PETITION V-79-3-C. ROBERT AND CONNIE SULLIVAN REQUESTING SIDE AND REAR YARD VARIA TO ALLOW CONSTRUCTION OF A TENNIS COURT ON LOT 17. BLOCK F. PINE RIDGE SUBDIVISIO AUTHORIZED FOR ADVERTISING FOR PUBLIC HEARING APRIL 10. 1979 ,.. Commissioner Wenzel moved. seconded by Commissioner Archer and carried unanimously 5/0. that Petition V-79-3-C by ADbert and Connie Sullivan requesting side and rear yard variance to allow the construction of a tennis court on Lot 17. Block F. Pine Ridge Subdivision. be authorized for advertising for public hearing April 10. 1979. PETITION IZ-79-1-I. IMMOKALEE AREA PLANNING COMMISSION REQUESTING AMENDMENT TO ORDINANCE 74-16, IMMOKALEE AREA ZONING ORDINANCE BY ADDING SECTION XIII - AUTHORI FOR ADVERTISING FOR PUBLIC HEARING MAY 1. 1979 Commissioner Wenzel moved. seconded by Commisssioner Archer and carried unanimously 5/0. that Petition IZ-79-1-I. Immokalee Area Planning Commission requesting amendment to Ordinance 74-16. Immokalee Area Zoning Ordinance. by adding Section XIII. be authorized for advertising for public hearing May 1. 1979. GUN PERMIT 179-9 FOR EDWARD O. JESSUP - APPROVED County Manager Norman said that the application for a gun permit for Edward O. Jessup has been processed and is now in order for approval by the Board. He noted that Mr. Jessup is employed as an investigator by the Office of the Public &OOK 045 rAGE 72.4 BOOK 045 rACE 725 March 20, 1979 Defender, in which capacity he has responsibility to protect the lives of principals and witnesses in criminal cases. Commissioner Archer moved. seconded by Commissioner Wenzel and carried unanimously 5/0. that Gun Permit 179-9 be issued to Edward O~ Jessup. GUN PERMIT 179-10 FOR STEVEN T. JAISON - APPROVED County Manager Norman said that Mr. Jaison is employed as an emergency service operator by Checkpoint. Ltd. and as such must respond to emergency alarms at all hours. He said that the application has been processed and is now in order for approval. Commissioner Archer moved. seconded by Commissioner Wenzel and carried unanimously 5/0. that Gun Permit 179-10 be issued to Steven T. JAison. OFFICIAL SURPLUS PROPERTY POLlCY - ADOPTED County Manager Norman said that there has been a need for the development of a policy for tha hand11ng of surplus property. He noted that tho proposed policy has been reviewed by the Auditor General and recommended that it be ..,., adopted. Fiscal Officer Hall added that it appears to be a well-prepared pOlicy. Commissioner Archer moved. seconded by Commissioner Wenzel and carried 5/0. that the surplus property policy be adopted. * . * * * * * * * * * * * * * * * * . ~,#~ ',~,l'l. ' " March 20. 1979. CHAIRMAN AUTHORIZED TO SIGN AGREEMENT BETWEEN IMMO'KALEE.SERVICE PROGRAM, INC. AND BCC RE CONGREGATE MEAL PROGRAM County Manager Norman said that this item wa. 'previously approved and is now ready to enter into formal agreement. Commissioner Wenzel moved that the Chairm3n bl authorized to sign and the Clerk to attest the agreement between Immokalee Service Program, Inc. and the Board regarding the congregate meal program. Commissioner Pistor seconded the motion which carried unanimously 5/0. * * * * * * . * * * * * * * * * * * * * * * * * * * &OOK 045 rACE 728 CuOj( 045 PAGE 7311 March 20, 1979 ANNUAL REPORT FOR FY 77-78 SUBMITTED BY COUNTY MANAGER - ACCEPTED r.ounty Manager Norman submit~ed ~~~ annual report* for FY 77-78 and safd that he was pleased with the cooperation received from the various departments. Commissioner Wenzel moved, seconded by Commissioner Pistor and carried unanimously 5/0. that the report be accepted. Commissioner Pistor complimented Mr. Norman on the excellent report. *On file in office of Clerk of the Board. . QUITCLAIM DEEDS FOR ROAD RIGHTS-OF-WAY FOR SPERLING COURT AND TRINITY PLACE _ ACCEPTED FOR RECORDATION Commissioner Archer moved. seconded by Commissioner Wenzel and carried unanimously 5/0. that the Quitclaim Deeds for road rights-of-way for Sperling Court and Trinity Place be accepted for recordation, as requested by County Engineer Barksdale. * * - * * * * * * * * * * * * * * * * * * * * * .( \ ....- " . March 20, 1979 VARIOUS STREETS ON MARCO ISLAND ~CCEPTED FOR MAINTENANCE County Engineer Barksdale reported that in December DeltonA requested that the County inspect various streets on Marco Island. He said that they have now been brought up to standards and the streets now meet the County standards that were in effect at the time that the streets were constructed (1972-76). Commissioner Wimer moved. seconded by Commissioner Archer. that the followin! streets be accepted. Unit 7 Fieldstone Twin Oak Abbeyv ill e Shal imar Mariana Antigua Motion carried unanimously 5/0. Unit 10 Winterberry (Heatherwood to Coll Partridge . Mimosa Stone Ember Osprey Marlin Ludlam RESOLUTION 79-38 RE PETITION PU-78-26-C, ST. ELIZABETH SETON CHURCH - ADOPTED. PETITIONER'S~~ENT TO STIPULATIONS ACCEPTED Dr. Neno Spagna. Community Development Administrator. said that Petition ... - PU-78-26-C by St. Elizabeth Seton church is requesting Provisional Use (3) of the RS-3 Single-Family District for A church on Blocks 204 and 205. Golden Gate City. located on the Northwest corner of 52nd Terrace. S.W. and 28th Avenue. S.W. He said that the petition has been reviewed and recommended for approval by all the County agencies in their areas of concern. He said that the petition was reviewed by the CAPC on March 1. 1979 and recommended for approval with the following stipulations: 1. Public water and sewer required. DER approval required on sewer system for future church expansion and addition of rectory and educational building. 2. Detailed site drainage plan to be submitted to and approved by the County Engineering Department prior to th& issuance of a building permit. Commissioner Archer moved to accept the staff recommendation and adopt Resolution 79-38 granting the provisional use. and to accept the petitioner's agreement to the stipulations. Commissioner Wenzel seconded the motion which carried unanimously 5/0. MOK 045 PACt 750 ( \ .'- "..March 20. '197~ PETITION FP-79-4-C. AMERICAN DESIGN & DEVELOPMENT. REQUESTING FINAL PLAT APPROVAL FOR UNIT 2. OF RIVIERA GOLF ESTATES . APPROVED WITH STIPULATIONS. CHAIRMAN AUTHORIZED TO SIGN AOREEM(NT FOR CONSTRUCTION AND MAINTENANCE OF SUBCIVISrON IMPROVEMENTS Dr. Neno Spagna. Community Development Adminfstrator, said that the petitione American Design and Development. is requesting final plat approval for Unit 2 of Riviera Golf Estates. He noted that this was approved by the CAPC on 9/21/78 and the Subdivision Master Plan was approved by the ace 10/24/78. It is recommended for approval subject to the following conditfons: 1. Acceptance of the construction drawings and final plat with the stipulation that the final plat not be recorded until the required improvements have been constructed and accepted. and a security in the amount of $60.245.28 is prov1ded to the County to cover the 10% construction cost for one year of maintenance after preliminary acceptance. 2. That the Board approve an agreement entered into by the petitioner and Board that stipulates "in no event shall the Board refuse pre. liminary acceptance of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this agreement." Dr. Spagna noted that a representative of the petitioner is present; also, he has details of thi~ parti,ular are3 available. Commissioner Wenzel questioned if this._covers road. and drainage and if the utility is already taken care of. Dr. Spagna replied that this includes utilities Mr. B.C. Nichols. the petitioner's representative. requested that a third alternative be added to the stipUlations. that being that they would be allowed to bond the improvements an4 get the plat recorded immediately. County Engineer Barksdale said that this is a provision that could be made and once the required securities have been posted. the plat could be recorded. Mr Barksdale said that the Subdivision Regulations permit the petitioner to make a choice at this point of whether to go to construction without posting the securiti and not recording the plat, which means they could not sell any lots. however. at any time that the petitioner provides the securities to ensure that the required improvements are constructed then he could record the plat. Commissioner Wi Iller moved that the final plat be approved with the above-refer stipulations. and that the Chairman be authorized to sign and the Clerk to attest the Agreement for Construction and Maintenance of Subdivision Improvements between American Design and Development Corp. of Naples and the Board. Motion seconded by Commissioner Archer and carried unanimously 5/0. BOOK 045 PAGE.754 .( " . r- . 'March 20~ 1979. RESOLUTION 79-39 RE PETITION SNR-79-1-C RENN~ING DIXIE AVENUE (ALSO ~NOWN AS MONROE COURT) TO CALLE AMISTAD IN I~10KALEE - ADOPTED Commissioner Archer moved. seconded by Commissioner Wimer and carried unanimously 5/0, that Resolution 79-39 renaming Oix1e Avenue (also known as Monroe Court) to Calle Amistad be adopted. ." ." ." ." ." * ." "" ." ." ." ." ." ." ." ." ." ." ." ." ." ." ." * ." ." ." * * ." nOOK 045 P,\Gf 758 .' ., March 20, 1979 RESOLUTION 79-40 RE PETITION SNR-79-3-C CONFIRMING STREET NAME OF SHEDDEN LANE - ADOPTED Commissioner Archer moved. seconded by Commissioner Wimer and carried unanimously 5/0. that Resolution 79-40 confirming street name of Shedden Lane for a street located in Section 8. Township 50 South. Range 26 East, located off Crews Road be adopted. . . . . . . . . . . * . * . . * * * . * . * * * * * * * 800K 045 fACE 760 " . March 2'0. 1979 AWARDING OF BID #350 FOR OUTSIDE FREEZER/REFRIGERATOR RE STOCKADE - DEFERRED ONE WEEK . Noting that other items were being prepared for Board consideration regardin! the Stockade. County Manager Norman requested that the awarding of Bid 6350 be deferred for one week. MODIFICATION OF 1977-78 CETA TITLE I CONTRACT RE ADMINISTRATIVE BUDGET TO INCREASE REIMBURSEMENT FOR BCC COSTS . APPROVED County Manager Norman presented Modification 13 to CETA Title I contract II-09-37-1-FY-77 and said that this is a routine item which has the effect of allowing the County to collect additional monies from CETA. Commissioner Wenzel moved. seconded by Commissioner Archer and carried unanimously 5/0. that the Modification Agreement be approved and that the Chairman be authorized to sign the document. * '" * * * * * * * * * * * * * * * * * * * * * BOOK 045 PACE 762 BOOK 045 fACE 7S5 March 20. 1979 TWO WATER WELL PERMITS FOR HUGHES I.NO l'UGHES - APPROVED WITH STIPULATIONS Utility Director Berzon requested that the Board authorize the issuance of two 9-5/8" water well permits to Hughes & Hughes to be located in Section 19. Township 49 South. Range 30 East. approximately 1 mile west of S.R. 29 and approximately 2~ miles north of Alligator Alley. He said that the request has been reviewed by the Water Management Advisory Board and the Big Cypress Committee and recommended for approval with the following stipulations: a) That a copy of the driller's log for each well be submitted to the County Utility Director upon completion of the drilling operation. b) That a water analysis regarding water quality for each well be submitted to the County Utility Director. c) That construction of the access road and drilling pad does not interfere with the drainage pattern of the area. d) That the wells be capped and plugged upon completion of the oil exploration work in this location unless a new permit is approved. e) That the recommendations of the WMAB and the County Utility Director. be followed, . Commissioner Wimer moved, secon~ed by Commissioner Archer and carried unanimously 5/0, that the water well permits be approved with the above-mentioned stipulations. SOUTHEASTERN MUNICIPAL BONDS. INC. SELECTED AS FINANCIAL CONSULTANTS FOR MARCO SEWER CONSTRUCTION PHASE I Commissioner Archer moved that Arch W. Roberts & Co. of Gainesville, Florida be appointed as financial consultants for Marco Sewer Construction Phase I. Commissioner Wimer seconded the motion. Commissioner Pistor said that he was going to suggest that Southeastern Municipal Bonds. Inc. be appointed because they have an office on Marco Island. Commissioner Wimer withdrew his second to the motion whereupon the motion died for lack of a second. Commissioner Wenzel moved that Southeastern Huncipal Bonds. Inc. be appointed as financial consultants for Marco Sewer Construction Phase I. Commissioner Pistor seconded the motion which carried unanimously 5/0. March 20. 1979 FISCHER. JOHNSON. ALLEN & BURKE SELECTED AS FINANCIAL CONSULTANTS FOR WILLOUGHBY ACRES AREA WATER AND SEWER CO"~TRutnoN PROGRAM Commissioner Archer moved. seconded by Commissioner Pistor and carried unanimously 5/0. that Fischer. Johnson. Allen' Burke be appointed as financial consultants for the Willoughby Acres area water and sewer construction program. RESOLUTION CWS-79-8/79-41 CONFIRMING THE CHARGES AND CONDITIONS SET FORTH IN ORDINANCE 78-11 AND 78-12 REQUIRING PAYMENT OF SYSTEM DEVELOPMENT CHARGES FOR CONNECTION TO SEWER SERVICE AREA "A" SYSTEM AND THE COUNTY WATER SERVICE AREA SYSTEM - ADOPTED Utility Director Berzon said that the current rates are required to be reviewed by the Board once each year. He said that tha consultants have reviewe the financial criteria for the ordinance and recommend that the County continue with the rate structure as it is now. He said that *his is included in the resolution being presented tOday - the same system development Charges for water and sewer for the coming year. Commissioner Wenzel noted that he has been talking with Fiscal Officer Hall about some of the problems with water and sewer and some uncovered expenses which are putting them in the red. and asketif by maintaining a set fee it woull elaborate this problem. Mr. Hall said that they are only talking about system development charges and it would not add to the prOblem. noting that the problem is operational. Mr. Berzon said that the two things will come together in about 1982 when the County will have to layout the capital expenditure for the water treatment plant. At that time. he said any money not collected in development charges will have to be made up as part of the bond program which in turn will reflect in pOSSibly a new rate schedule. Commissioner Wenzel moved. seconded by Commissioner Wimer and carried unanimously 5/0. that Resolution No. CWS-79-8/79-41 be adopted. . . . . . . . . BOOK 045 rAGE 76B . . . eOOK 045 rAGE 769 March 20. 1979 ROUTINE BILLS - APPROVED FOR PAY~ 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 Archer and carried unAnimously 5/0. that the bills be approved for payment as witnessed by the following warrants issued from March 14. 1979 through March 20. 1979. .EJlliQ. BCC Payroll County Warrants General Fund Road & Bridge '2 Collier County Fire District Aquatic Weed Ochopee Fire District Water Management Sewer District "AU Revenue Special Road Assessments Collier County Water/Sewer Utility Division Municipal Service Taxing District County Water System Intra-Governmental Services WARRANT NOS. 57974 - 58385 005046 - 005292 24 - 25 13 - 14 4 5 4 8 6 6 - 7 2 9 4 3 .,.. BUDGET AMENDMENT 79-55 RE STEP 1 OF THE 201 FACILITIES PLAN FOR THE EVERGLADES AREA - ADOPTED IN THE AMOUNT OF $8.750 Commissioner Archer moved. seconded by Commissioner Wimer and carried unanimously 5/0, that Budget Amendment 79-55 for 25S matching share for the consultants to carry out the planned study regarding Step 1 of the 201 Facilities for the Everglades area be adopted in the amount of $8.750. '" '" '" '" '" '" '" '" '" '" '" . '" '" '" ",. '" '" DOOK 045 PAGE 77f March 20. 1979 BUDGET AMENDMENT 79-56 FOR THE WATF.R lINE EXTENSION FROM LAKE TRAFFORD ROAD TO ~AKE TRAFFORD CEMETERY - ADOPT~~ IN THE AMOUNT OF $1.320. Commissioner Pistor moved. seconded by Commissioner Wimer and carried unanimously 5/0, that Budget Amendment 79-56 for the water line extension from Lake Trafford Road to Lake Trafford Cemetery be adopted in the amount of $1,320. ." ." ." ." ." ." ." .. ." ." ." ." ." ." ." ." ." ." ." ." '* '* ." ." ." ." " ." 'It 'It tO~X 045 PAGE 773 March 20. 1979 BUDGET AMENDMENT 79-57 TO COVER COSTS INCURRED IN ACCORDANCE WITH THE AGREEMENT SIGNED BY oce TO MEET DNR REQU'REM~NTS FOR LOCAL FUNDS - ADOPTED IN THE AMour4T OF $12.599 Commissioner Pistor moved. seconded by Commissioner Archer and carried unanimously 5/0. that Budget Amendment 79-57 transferring funds to cover costs incurred in accordance with the Agreement signed by the Board to meet DNR requirements for local funds be adopted in the amount of $12,599. . . * * . * .,. * . . . . * * * * . * * . * * * * * * * * * " eoox 0(5 rACE 775 March 20, 1979 BUDGET AMENDMENT 79-58 TRANSFER~:NG ~ONTINGENCY FUNDS FOR THE ACQUISITION OF PORTABLE SPORTS BLEACHERS - ADOPTED IN THE AMOUNT OF $1.200 Commissioner Pistor moved. seconded by Commissioner Archer and carried unanimously 5/0, that Budget Amendment 79-58 transferring contingency funds for the acquisition of 12 sets of portable sports bleachers be adopted in the amount of $7.200. * * * * * * * * * * * * * * * * * * * * * * * * * * * '. BOCK 045 PACE 777 March 20. 1979 BUDGET AMENDMENT 79-59 TRANSFERRING COU(INGENCY FUNDS FOR PROJECTED INCREASED EXPENSES OF THE MEDICAL EXAMINER.S OFFICE. ADOPTED IN THE AMOUNT OF $20.000 Commissioner Archer moved, seconded by Commissioner Pistor and carried unanimously 5/0, that Budget Amendment 79-59 transferring contingency funds for projected increased expenses of the Medical Examiner.s office be adopted in the amount of $20.000. * '* * '* ~ '* '* '* '* '* . . . '* . . '* '* '* '* '* '* . * '* &OOK 045 PACt 179 March 20. 1979 PUOGET AMENOMENT 79-60 TRANSFERR~NG rUNDS TO ESTABLISH A GIFT SHOP FOR THE COLLIER COUNTY MUSEUM - ADOPTED IN THE AMOUNT OF $1.200 Commissioner Archer moved. seconded by Commissioner Pistor and carried unanimously 5/0, that Budget Amendment 79-60 transferring funds to establish a gift shop for the Collier County Museum be adopted in the amount of $1.200. * . * . . . . . * * . * * * * * * . . . . . * . . . BOOK 045 fAGE 78:1: March 20, 1979 BUDGET AMENDMENT 79-61 TRANSFERrING FUNDS TO EFFECT ADMINISTRATION OF GRANT FUNDING FROM GOVERNOR'S HIGHWAY SAFETY COMMISSION GRANT - ADOPTED IN THE AMOUNT OF $14.486 Commissioner Archer moved. seconded by Commissioner Pistor and carried unanimously 5/0. that Budget Amendment 79-61 transferring funds to effect administration of grant funding from Governor's Highway Safety Commission Grant be adopted in the amount of $14,486. . . . . . .... . . . .. .. . . .. . .. * . . . .. . . . . * . . neOK 045 PACE 783 March 20, 1979 BUDGET AMEN~iENT 79-62 TRANSFERRING FUNDS TO VARIOUS ACCOUNTS RE ZONING DEPT. - ~DOPTED IN THE AMOUNT OF $2.548 Commissioner Archer moved. seconded by Commissioner Pistor and carried 5/0, that Budget Amendment 79-62 transferring funds to various accounts in the Zoning Department be adopted in the amount of $2.548. * * * * * * .- * * * * * * * * * * * * * * * * * * * * '. BOOK 045 PACE 785 March 20, 1979 STATUS REPORT ON COASTLAND BLVD. DEFERRED. CHAIRMAN AUTHORIZED TO WRITE TO CITY COUNCIL REQUESTING THAT THEY ENDORSE A TWO YEAR AD VALOREM TAX - REPLY REQUESTED Commissioner Wenzel moved that the Board authorize the Chairman to send a letter to the City officials saying that this Board is awaiting official action by the City Council on the need for Coastland Boulevard and that they endorse a special two year ad valorem tax at the rate of 2/10 mills each year and that the City will agree to furnish all rights-of-way. sidewalks and landscaping at their expense. Commissioner Archer seconded the motion. Fiscal Officer Hall said that there is sufficient funding in the millage to pay for the additional 12' right-of- way. Commissioner Wenzel questioned how the railroad right-of-way is being considered. Mr. Barksdale, County Engineer, replied that if they are ready to construct the road and the railroad has not been removed they would make a grade separation and cross it so as not to delay the project. Hopefully, he said that with the negotiations now going on with the rai1road they may be able to resolve it at about the same time. Commissioner Pistor questioned how the County would pay for the railroad right-of-way. Mr. Barksdale said that if there is a crossing there would not have to be any money paid; however. if the rights-of-way are purchi after the railroad is removed, in order to finish constructing Goodlette Road. they would have to purchase the right-of-way from Jungle Larry's to Pine Ridge Road. Commissioner Wimer questioned if the tax could be levied without a referendum' County Attorney Pickworth replied that if the Board chooses to go this route. when they hold the budget hearing and come up with the final budget. included in that will be the appropriation to build this road and the necessary millage rate to do it. Brief discussion was held concerning a time limit for a reply from the City. Commissioner Wenzel included in his motion that the Ci~ be requested to reply in two weeks. Commissioner Archer concurred with the amended motion and upon call for the question, carried unanimously 5/0. '. . March 20. 1979 CHAIRMAN AUTHORIZED TO SIGN CERTIFICATES FOR CORRECTION TO 1978 TAX ROLL Commissioner Archer moved~ sec~nded by Commissioner Pistor and ,carried unanimously 5/0. that the Chairman be authorized to sign the following Certificates for Correction on the 1978 Tax Roll: JiQ!:. Dated 12/22/78 to 2121179 2/21/79 to 3/2179 3/13/79 410 through 420 422 through 436 441 WILLIAM MARLOW APPOINTED TO GOLDEN GATE ESTATES STUDY COMMITTEE Commissioner Wimer moved, seconded by Commissioner Archer and carried unanimously 5/0, that Mr. William Marlow be appointed to the Golden Gate Estates Study Committee as recommended by the Environmental Advisory Council. ,I GAIN TIME FOR INMATE '22104 - AUTHORIZED Commissioner Archer moved. seconded by Commissioner Pistor and carried unanimously 5/0. that gain time of 270 days be authorized for inmate '22104 thereby making the release date 3/30/79. as recommended by the Sheriff. be authorized. REQUEST FROM LELY ESTATES RE LELY SEWER SYSTEM - TO BE PLACED ON APRIL AGENDA Administrative Aide to the Board Mary morgan reported that Lely Estates is requesting that they be permitted to build. install. maintain, and operate a public sewage system utility franchise in the Lely Estates and contiguous areas. She said that this proposal will be placed on an April agenda. DRAFT OF RESOLUTION SUPPORTING THE POSITION OF THE EVERGLADES CITY COUNCIL REGARDING THE VARIOUS FISHERY MANAGEMENT OPTIONS NOW BEING EVALUATED BY THE U.S. NATIONAL PARK SERVICE - TO BE PREPARED FOR BOARD CONSIDERATION AT NEXT MEET! NG The Board acknowledged receipt 'of I copy of the City Council of Everglades. Florida resolution regarding the various fishery management options now being evaluated by the U.S. National Park Service which would apply to the water of the Everglades National Park and indicated that some of the proposals would have disastrous economic effect upon residents of Everglades. The Chairman directed the County Attorney to draft a supporting resolution to be considered by the Board at their next meeting. r~~~. 045 rAGE 786 &OOK 04.5 PACE 789 March 20. 1979 1;. Letter dated 3/10/79 from Ronald Beaudry, President, Pinewoods Developers of Naples Inc. c~nding Dr. Spagna for his assistance. Copy to Personnel. filed. 18. Letter dated 3/8/79 from Jon C. Lehman. Jr. commending Mr. Irving Berzon for his assistance. Copy to Personnel; filed. 19. Monthly Department Reports: Filed. a. CETA monthly activity and administrative report for February, 1979. b. Collier County Museum and Archives monthly activities report for February. 1979. c. Homemakers Service of Collier County for monthly receipt and expenditure report up to 2/28/79. d. Collier County Free Public Library monthly statistical report for February, 1979. * * * * * * * * * . * . . * * * * There being no further business for the good of the County. the meeting was adjourned by order of the Chair - Time: 11:33 A.M. ~ BOARD OF COUNTY COMMISSIONERS/EX OFFICIO GOVERNING BOARD(S) OF. SPECIAL DISTRI TS UNDER ITS CONTROL ATJt:ST~lJ ,\ ';(j ~t(LIAM J.,R~N. CLERK ,. .~. ('. c ~\ , . .::.. " ... '(' I ':" .. 'I ' \ '