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BCC Minutes 05/29/1979 R Naples, Florida, May 29, 1979 LET IT BE REr.1E/1BERED. that the Board of County Conmissioners fn and for the County of Collier. and also actfng 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: CHAIR~"N: David C. Brown VICE-CHAIRMAN: Clifford Wenzel John A. Pistor C.R. "Russ" Wimer Thomas P. Archer ALSO PRESENT: William J. Reagan. Clerk~ Debbie Pantano. Deputy Clerk. John I~alker, Assistant County Manager. Donald Pickworth. County Attorney; Dr. Ueno J. Spagna, Conmunity Development Administrator; Irving Serzon. Utility Director. Carl Clenmer. Zoning Director. Clifford Barksdale. County Engineer. Mary Morgan. Administrative Aide to the Board; and Deputy Chief Raymond Barnett, Sheriff's Department. AGENDA BOARD OF COUNTY' COMMISSIONERS FINAL AGENDA May 29, 1979 NOTICE: ALL PERSONS SPEAKING ON ANY AGENDA ITEM MUST REGISTER PRIOR TO THE ITEM BEING HEARD. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED TO THE COUNTY MANAGER AT LEAST ONE WEEK PRIOR TO THE DATE OF THE MEETING AND WILL BE HE~ UNOER 'RpUBLIC PETITIONS" AT 11:00 A.M. 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3 . APPROVAL OF AGENDA 4. APPROVAL OF MINUTES: May 15, 1979 5. PROCLAMATIONS AND PRESENTATIONS OF AWARDS ~0:,r, 046 PAGE 651 ~tay 29, 1979 FINAL AGENDA APPROVED WITH ADDITIONS/DELETION Commissi~ner Pistor reques\ed that an item under the County r~nager's Report regarding an Animal Control resolutfon be deleted from the Agenda. Clerk Reagan requested an add1tional budget amendment be added to the Clerk's Report. Chairman Brown noted that Mr. tl1ke Zewalk has requested time to speak under "Public Petitions". Commmiss10ner Pistor moved. seconded by Conmissioner Archer and carried unanimously 5/0. that the Final Agenda be approved with the above additions and deletion. MINUTES OF r~Y 15. 1979 - APPROVED AS PRESENTED Conm1ss1oner Pistor moved. seconded by Commissioner Wenzel and carried unanimously 5/0, that the minutes of tlay 15. 1979 be approved as presented. CHAIRMAN AUTHORIZED TO SIGN BUDGET AND GRANT APPLICATION FOR HOME~~KER'S SERVICES FOR FY 1979-$10; COnNTY'S SHARE BEING 20~ OF TOTAL GRANT OR $13.179 Mrs. Martha Skinner, Director of Social Services. requested that the Board approve the grant application for the Homemaker's Service of Collier County providing services for the elderly. She explained the proposed budget for FY 1979-81 will total $65.348 with the County's share being 20% or $13.179 which is a slight increase over last year's budget due to salary increases and inflationary costs. Commissioner Wenzel moved. seconded by Conmissioner Pistor and carried unanimously 5/0, that the Board tentatively approve the County's share of $13.179 to be included in the budget for FY 79-80 as presented. Commissioner Archer moved. seconded by Commissioner Pistor. that the Chairman be authorized to sign the grant application for Homemaker's Services for FY 1979-80 with the County's share being 20% of the total grant. The motion carried unanimously 5/0. * * * * * BOC~ 046 PAGE 655 * * * * * * May 29. 1979 PROPOSED CONSTRUCTION REGARDING WATER AND SEWER IMPROVEMENTS IN THE WILLOUGHBY ACRES AREA - APPROVED. UTILITY DIRECTOR AUTHORIZED TO PROCEED WITH THE PROJECT AND CHAIRMAN AUTHORIZED TO SIGh LETTER TO flflA REGARDING THIS ACTION. PETITION R-79-4-C SCHEDULED ON THE AGENDA PERTAINING TO PROPERTY LOCATED NEAR THE WILLOUGHBY ACRES AREA - WITHDRAWN Legal notice having been published in the Naples Oaily News on Hay 6 and 13, 1979 as evidenced by Affidavit of Publication filed with the Clerk. public hearing was opened to consider the Willoughby Acres area water and sewer improvements. Utility Director Irving Berzon explained that the .FmHA has requested that the Board hold two public hearings on this matter. the first of which was conducted the prior week. lie noted that at that time. a few people had expressed concern over the a~~e~~ment method of the project os well as the time schedule for such. Mr. E.H. Witt. property owner, expressed concern over the fact that the FmHA in lending financial assistance for the project. could poss1bly put in a lower grade of housing. The County Attorney and the Utility Director assured Mr. Witt that this would not happen. Mr. Willard Schade, resident of Willoughby Acres. expressed his concern over the assessment method for certain portions of property that are to be rezoned in that area. ~lr. William Barton. Trustee for certain properites contiguous to the Willoughby Acres area, read into the record a letter to the Board in which he requests that Petition R-79-4-C scheduled on the Agenda be withdrawn from further consideration due to the significant opposition to the rezoning of these properties. Commissioner Wenzel moved. seconded by Commisssioner Pistor and carried unanimously 5/0, that Petition R-79-4-C scheduled on the Agenda as a public hearing be withdrawn per request of the petitioner. There being no other persons registered to speak on the matter. Commissioner Archer moved, seconded by Commissioner Pistor and carried unanimously, that the public hearing be closed. Commissioner Wenzel moved. seconded by Conmissioner Pistor and unanimously carried 5/0, that the proposed construction re water and sewer improvements for the Willoughby Acres area be approved. the Utility Director be authorized to proceed with the necessary steps in this project and the Chairman be authorized to sign a letter to the FmHA advising them of the public's sentiment in this matter. MCK 046 PACE657 BGCK 046 PACE 658 May 29. 1979 ORDINANCE 79-34 REGARDING PETITION R-79-3-I BY ERNEST FREEMAN REQUESTING REZONING FROl1 "I-MHSD" TO "I-MF-l" FOR PROPERTY IN PALMETTO PARK SUBDIVISION - ADOPTED Legal notice having been published in the Immokalee Bulletin on April 26. 1979 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition R-79-3-1 by Ernest Freeman requesting rezoning from "I-"'HSD" to "[-I1F-l" for property in Palmetto Park Subdivfsion. Mr. Carl Clemmer. Zoning Director. explained the petitioner is requesting the above-mentioned rezoning in order to construct a duplex. He stated that the Immokalec Arca Planning Commission fccls this rezoning would be an upgrading of the lot and recommends that the petitfon be approved. There being no persons registered to speak, Commissioner Archer moved. seconded by Commissioner Wenzel and carried unanimously 5/0. that the pUblic hearing be closed. Commissioner Archer moved, seconded by Commissioner Wenzel and carried unanimously 5/0. that the ordinance as numbered and titled below regarding Petition R-79-3-I be adopted and entered into Ordinance Book No.9. ORDINANCE NO. 79--3L- AN ORDINANCE AMENDING ORDINANCE NO. 74-14 THE IMMOKALEE PLANNING AREA OF COLLIER COUNTY,FLORIDA, ADOPTING THE ZONING ATLAS OF MAPS BY CHANGING THE ZONING DISTRICT CLASSIFICATION OF T~B HBRE~. INBELOl'l DESCRIBED PROPERTY FROM "I-MHSD TO "I-MF-l" AND PROVIDING AN EFFECTIVE DATEs ORDINANCE 79-35 REGARDING PETITION R-79-2-I BY CHARLES ^ND ROBERT RICE REQUESTING REZONING OF PROPERTY IN CARSON'S SUBDIVISION IN IMMOKALEE - ADOPTED Legal notice having been published in the Immokalee Bulletin on April 26. 1979 as evidenced by Affidavit of Publication filed with the Clerk. public hearing was opened to consider Petition R-79-2-I by Charles and Robert Rice requesting rezoning of property in Carson's Subdivision in Immokalee. Mr. Carl Clemmer. Zoning Director. explained tnat the petitioner is requesting to rezone Parcel B. the East 100' of the West 110' of Lot 12. Block 6. Carson's Subdivision from "I-MHTT" to "I-C-2" to construct a car wash and eventually a small office complex on this property. He noted that the car wash is a needed service May 29. 1979 for Inmokalee and will not create any trafffc problems and. regardfng the office complex, the Rice brothers were advfsed of the required off-street parking regulations. Mr. Clemmer stated that the Immokalee Area Planning Commfssfon recommends that this petition be approved. Mr. Charles Rice. representfng R & R Trafler Park, stated there is a typo- graphical error in the summons that had been sent to hfm in the footage measurement noting it should read 110' x 420', road frontage. Mr. Clemmer explained that the way it reads fs the East 100' of the West 110' of Lot 12. Block 6 and it includes the 420' frontage and that ft fs a proper legal description. There being no other persons registered to speak on the matter. Commissioner Archer moved. seconded by Commissioner Wenzel and carried unanimously. that the public hearin9 be closed. Commissioner Archer moved. seconded by Commfssfoner Wfmer and carried unanimously 5/0. that the ordinance as numbered and titled below regarding Petition R-79-2-I be ad~pted ~nd entered into Ordinance Sook No.9. ORDINANCE NO. 79-~ AN ORDINANCE AMENDING ORDINANCE NO. 74-14 THE IMMORALEE PLANNING AREA OF COLLIER COUNTY,FLORIDA,ADOPTING THE ZONING ATLAS OF MAPS,BY CHANGING THE ZONING DISTRICT CLASSIFICATION OF THE PROPERTY HEREINBELOW DESCRIBED FROM "I-MHTT" TO "I-C-2" AND rnOVIDING AN EFFECTIVE DATE: ORDINANCE 79-36 REGARDING PETITION R-78-9-I BY GRADY BLACKBURN AND HENRY FISH REQUESTING REZONING FROM "I-SF-2" TO "I-NF-1" FOR PROPERTY IN SECTION 32. T46S. R29E - ADOPTED Legal notice having been published in the Immoka~ee Bulletfn on April 26. 1979 as evidenced by Affidavit of Publication filed with the Clerk. public hearing was opened to consider Petition R-78-9-I by Grady Blackburn and Henry Ffsh requesting rezoning from "I-SF-2" to "I-MF-l" for property located in Sectfon 32. Township 46 South, Range 29 East, bounded on the east by North 18th Street. Immokalee. Zoning Director Carl Clemmer explained that the petitfoner is requesting rezoning in order that duplex housing may be constructed as there is a need for inexpensive rental housing in Immokalee. He stated that the Immokalee Area Planning Commission has recommended approval of this petition. ncoj( 04.8 PACE 659 neOK 046 PACE 660 May 29. 1979 There bei~.g no one registert.d t" speak on this matter, Commissioner Archer moved. seconded by Commissioner Pistor and carried unanimously 5/0. that the public hearing be closed. Commissioner Archer moved, seconded by Commissioner Pistor. that the ordinance as numbered and titled below regarding Petition R-78-9-I be adopted and entered into Ordinance Book No.9. The motion carried 4/1 with Commissioner Wenzel dissenting. stating that he is not in favor of rezoning properties from Single- Family to Multi-Family classifications. ORDINANCE NO. 79- 36 AN ORDINANCE AMENDING ORDINANCE NO. 74-14 THE IMMOKALEE PLERNING AREA OF COLLIER COUNTY, FLORIDA, ADOPTING THE ZONING ATLAS OF MAPS BY CHANGING TUE ZONING DISTRICT CLASSIFICATIONS OF THE PROPERTY DESCRIBED HEREINBELOW FROM "I-SF-2" TO "I-MF-l" AND PROVIDING AN EFFECTIVE DATE: .. RESOLUTIONS 79-83, 79-84. 79-85 AND 79-86 REGARDING PETITIONS V-79-7. V-79-8. V-79-9 AND V-79-10-C (RESPECTIVELY) BY JAMES TOPPING REQUESTING WAIVER OF THE 13,000 SQUARE FOOT REQUIREMENT SO DUPLEXES MAY BE BUILT ON FOUR LOTS IN BLOCK 18, NAPLES TWIN LAKES FIRST ADDITION - ADOPTED Legal notices having been published in the Naples Daily News on May 13. 1979 as evidenced by Affidavits of Publication filed with the Clerk. public hearing was opened to consider Petitions V-79-7. V-79-8. V-79-9 and V-79-10-C by James Topping requesting waiver of the 13.000 square foot requfrement so duplexes may be built on four lots in Block 18. Naples Twin Lakes First Addition. Zoning Director Carl Clemmer stated that the petitioner wishes to construct duplexes on lots that contain only 12.005 square feet. He noted that the entire area surrounding this property contain duplexes And that the staff recommends approval of the variance requests. Commissioner Pistor commented that the Soard would not be in compliance with its own zoning regulations if the variances are granted. Commissioner Wenzel suggested that three rather than four duplexes be constructed on the four lots in order to lower the density. May 29, 1979 A brief discussfon was held concp.rnfng the zonfng classificatfon fn the area with the County Attorney commenting that there are discrepancfes of this nature very often and the Board should consider either changing the zonfng ordinance or possibly change the square foot requfrements for duplexes~ notfng that many times a property owner has a lot whfch is over-sfzed for a Single fDmily home but under-sized for a duplex. Mr. James Topping, petitioner. commented that ft is not economfcally feasible to construct only three duplexes on these lots as the rent that would have to be charged would be overpriced for the area and. also. there would be a small lot left over on wttlch to build only a "cracker box" Single-family home. Mr. Ross Bartussio, developer, briefly provided fnformation conr.erning the setbacks he proposes to have for these duplexes and commented the duplexes will help upgrade the area. There being no other persons registered to speak. Commfssfoner Wenzel moved, seconde~ by C~mmissioner Pistor and carrfed unanfmously 5/0. that the public hearing be closed. Commissioner Wimer moved. seconded by Commfssfoner Archer. that Resolutions 79-83, 79-84, 79-85 and 79-86 regarding the variance petftions by James Topping be adopted per the staff reconmendation. Upon call for the question. the motion carried 3/2 with Commissioners Pistor and Wenzel dissentfng. * * . . . * . . * * * * . * * ~cc~ 04.6 PACE 661 * * * ~GC~ 046 rAGE 670 May 29, 1979 PETITION R-79-6-C BY CONNIE & SAMUEL HUBSCHMAN REQUESTING REZONING FROM "RM-l" TO "GRC" ON PROPERTY LOCATED IN S12, T50S. R25E LOCATED IN THE S.E. CORNER OF DAVIS BOULEVARD AND SOUTH OF AIRPORT ROAD - CONTINUED FOR TWO WEEKS AND REFERRED BACK TO CAPC Legal notice having been published in the Naples Daily News on April 20. 1979 as evidenced by Affidavit of Publication previously filed with the Clerk, public hearing was continued from May 22. 1979 to consfder Petitfon R-79-6-C by Connie & Samuel Hubschman requesting rezoning from "RM-l" to "GRC" on property located in Section 12. Township 50 South. Range 25 East. located at the S.E. corner of Davis Boulevard and South of Airport Road. Dr. Neno Spagna, Community Development Administrator. explained this petition does not include the 200' immediately east of Airport Road and ~hat the petition has been reviewed and approved by all required County agencies subject to stipulations outlined in the Executive Sunmary. He further explained that adjacen property owners have suggested that the rezone be for an additional 200' instead of 400' of GRC property. Dr. Spagna also stated that the CAPC has recommended approval of this petition subject to the staff's stipulations and the additional stipulation that the eastern 200' be removed from the rezone request. He stated that the petitioners have recommended an alternate proposal in that the 200' be included in the rezoning but to leave out a portion which immediately abuts existing condominium units along Glades Blvd. He referred to the displayed map to point out this alternative request. Mr. George Vega. attorney for the petitioner. explained that the reason for the alternate proposal is thdt the petitioner can then establish a large cOllI11ercial zoned area which will accommodate larger establishments and fewer ingress/egress points. He went on to discuss plans for providing a buffer zone in this area in order to block out the commercial businesses from the surrounding residences. Mr. Donald E. Vincent, resident of Glades Blvd.. requested that the Board postpone action on this matter until he and other residents in the area have had time to consider the alternate proposal brought up today. May 29, 1979 Commissioner Wenzel moved. seconded by Commfssfoner Pfstor and carried u~animously ~/O. that the alternalu proposal for Petftion R-79-6-C be referred back to the CAPC for their review and consideration as well as public consideration on the matter, and that it be brought back to the Board in two weeks. ." ." ." ." ." ." ." ." ." ." ." ." ." ." ." ." ." RECESS: 10:05 A.M. until 10:15 A.M. (Commissioner Wimer did not return immediately from the recess). ... ... ... ... ... ." ." ." ." * * ." ." * ." ." ", PROPOSED MUNICIPAL SERVICE TAXING DISTRICT FOR STREET LIGHTING IN LAKEWOOD UNIT NO. 6 - ADVERTISING AUTHORIZED FOR PUBLIC HEARING ON JULY 10. 1979 Commissioner Archer moved, seconded by Commissioner Pistor and carried unanimously 4/0 with Commissioner Wimer absent at the time of the vote. that the proposed Municipal Service Taxing District for street lighting in Lakewood Unit No.6 be advertis~d for public hearing on July 10. 1979. ORDINANCE CORRECTING AN ERROR IN THE LEGAL DESCRIPTION OF PETITION 78-35-C, BEAR'S PAW COUNTRY CLUB - ADVERTISING AUTHORIZED FOR PUBLIC HEARING ON JULY 10, 1979 Commissioner Archer moved, seconded by Commissioner Pistor and carried unanimously 4/0 with Commissioner Wimer absent at the time of the vote, that an ordinance correcting an error in the legal description of Petition 78-35-C. Bear's Paw Country Club be advertised for public hearing on July 10. 1979. PETITION R-79-10-C. LLOYD SHEEHAN REQUESTING REZONING FROM "RM-l" "RM-2" AND "RM-2ST" TO "GC" AND "GC-ST" FOR PROPERTY LOCATED IN SECTIONS 11, 14 AND 23, T50S, R25E LOCATED OFF KELLY ROAD AND SOUTH OF HALDERMAN CREEK - ADVERTISING AUTHORIZED FOR PUBLIC HEARING ON JULY 10, 1979 Commissioner Archer moved, seconded by Commissioner Pistor and carried unanimously 4/0. with Commissioner Wimer absent at the time of the vote, that Petition R-79-10-C by Lloyd Sheehan requesting rezoning from "RM-l". "RM-2" and "RM-2ST" to "GC" and "GC-ST" for property located in Sections 11, 14 and 23, Township 50 South, Range 25 East located off Kelly Road and south of Halderman Creek be authorized for public hearing on July 10. 1979. BOOK 046 rAGE 671 ~CCK 046 fACE 67Z May 29. 1979 ORDINANCE AME~DING ORDINANCE 74-31 peRMITTING STAFF REVIEW AND ISSUANCE OF CERTIFICATES OF EXEtlPTION FOR OPERATION OF CERTAItl VEHICLES 011 BEACHES. DUNES, ETC. - ADVERTISING AUTHORIZED FOR PUBLIC HEARING ON JULY 10. 1979 Commissioner Archer moved. seconded by Commfssfoner Pistor and carried unanimously 4/0 with Commissioner Wimer absent at the time of the vote. that an ordinance amending Ordinance 74-31 permitting staff review and issuance of Certificates of Exemption for operation of certafn vehicles on beaches, dunes, etc., be authorized for advertfsing for pUblfc hearing July 10. 1979. CHAIRMAN AUTHORIZED TO SIGN LETTER OF INTENT TO CONTINUE TO OPERATE CETA PROGRAMS HI COLLIER COUNTY Commissioner Archer moved. seconded by Commissioner Pfstor and carried unanimously 4/0 with Commissioner Wimer absent at the time of the vote. that the Chairman be authorized to sign a Letter of Intent to continue the operation of CETA programs in Collier County. RECOMMENDATION OF MERIT INCREASE FOR ASSISTANT DIRECTOR OF YOUTH GUIDANCE _ ADOPTED Assistant County Manager John Walker explained that the Youth Guidance Director has requested a 5% merit increase for the Assistant Director due to hfs outstanding work performed. He also explained that there are extenuating circumstances in that at the time of the Assistant Director's merit review he was already at the top of his pay rate and was. therefore. fneligible for an increase; however. since that time his position has been reclassified and it provides room for merit increase in his salary. * * * * * * * * * * * * * * * * At this time. Commissioner Wimer returned to the meeting at 10:17 A.M. * * * * * * * * * * * * * * * * * Commissioner Archer, commenting that the Youth Gufdance Volunteer Programs' budg for the remainder of the year is ample to absorb the requested salary increase, moved that the recommendation for a 5% merit increase for the Assistant Director be approved. The motion was seconded by Commissioner Wimer and carried 4/1 with Commissioner Wenzel dissenting. May 29. 1979 RECOMMENDATION REGARDING REPEAT STRAW BALLOT RELATING TO NAPLES PARK LIGHTING MUNICIPAL SERVICE TAXING DISTPICT " MATTER TO BE PLACED ON NEXT AVAILABLE hEFERENDUM BALLOT Commissioner Pistor remarked that ff there are no lights put fn Naples Park, individual residents would be allowed to install lights in front of their homes, or possibly, individual blocks could have lights put in for their street only. Commissioner Wenzel suggested this matter be placed on the upcoming ballot that will probably take place fn November of thfs year. Commissioner Archer commented that he is very much in favor of having lights put in this area as the Sheriff.s Department as well as various civic associations have expressed conc~rn over the crime factor and they feel that lights would be a deterrent for such. Chairman Brown also commented that he fs fn favor of a lighting district for safety reasons. After a brief discussion, Commissioner Wimer moved, seconded by Commissioner Wenzel, that this matter be placed on the next avaflable ballot for determination of putting up lights throughout Naples Park; however. in the meantime, it was noted that if individual blocks petition to have lights put up on their street only, this wfll be possfble. Upon call for the question and roll call vote, the motion carried 4/1 wfth Chairman Brown dissenting. CHAIRMAN AUTHORIZED TO SIGN CONTRACT FOR A RECREATION INTERN Per recommendation of the Parks & Recreation Director Rollfe Rice, Commissioner Wimer moved, seconded by Commissioner Archer and carried unanfmously 5/0, that the Chairman be authorized to sign a contract for a Recreation Intern. * * * * . * * * * * * * * * DeOK 046 rACE 673 * May 29. 1979 RESOLUTION 79-87 WHEREIN BCC ACCEPTS POSITION OF "LEAD APPLICANT" IN CONNECTION WITH PREPARATION OF 201 FACILITIES PLAN FOR EVERGLADES CITY AREA - ADOPTED; CHAIRMAN AUIHORIZED TO EXECUTl:. OT;IER REOUIRED DOCUMEflTS Utility Director Irving Berzon explafned to the Board that the EPA and the DEI have approved the proposed 201 Facflities Plan for the Everglades City area and noted that the County's share of the cost of this plan is $10.199 (25% of the cost of the study). In response to Commissioner Wenzel. fir. Berzon explained that the City of Everglades feels that this study is necessary in order to be eligible for future federal grants. Commissioner Wenzel expressed concern that ft seemed to be a great amount of money being spent on an area with so few residents. compared to a similar study performed in the Coastland area where the cost covered many more people in a larger area. Commissioner Wimer moved. seconded by Commissioner Archer, that Resolution 79-87 wherein the Board accepts the position of "lead applicant" in connection with the preparation of the 201 Facilities Pl~" for the Everglades City area be adopted and that the Chairman be authorized to sign various other required documen1 relating to same. The motion carried 3/2 with Commissioners Wenzel and Pistor dissenting. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. * .. .. .. .. neOK 046 rAGE" 675 May 29. 1979 UTILITY DIRECTOR AUTHORIZED TO HIRE BOOKKEEPER FOR HIS DIVISION Utility Director Irving Berzon explafned that h. is requesting authorization to hire someone to keep the internal records of the Utflfty Division. Clerk William Reagan advised that thfs posftfon fs necessary for this department and it would also help the Clerk's office as well fn keepfng records. Commissioner Wenzel moved. seconded by Commissioner Wimer and carried unanimously 5/0. that the Utility Director be authorized to hire a bookkeeper for his division. CHAIRMAN AUTHORIZED TO SIGN APPLICATION TO FMHA FOR FINANCIAL ASSISTANCE FOR THE SOUTH HALF OF SEWER AREA "B" Commissioner Archer moved, seconded by Commissioner Pistor ~nd carried unanimously 5/0 that the Chairman be authorfzed to sign an application to the FmHA for financial assistance for the south half of Sewer Area "B". In response to the County Attorney. Mr. Berzon. Utility Director. stated this application merely updates a previous applfcatfon filed and the County should be receiving the highest priority. or close to it, as the original application was filed in 1977. * * . * * . * * * * * * * * . . nOCK 046 rACE 677 * . . * * * May 29, 1979 EXPENDITURE OF NO MORE THAN $7.000 TO PRINT COMPREHENSIVE PLAN AND TECHNICAL REPORT - AUTYORIZED Dr. Neno Spagna. Community Development Adminfstrator. explained that he is requesting that the Board authorize the prfnting of 150 copies of the ComprehensivI Plan and 100 copies of the Technical Report to be distrfbuted to various agencies, the Board members, County departments. as well as members of the public such as local engineers. realators. etc. He further stated that he has received estimates on the printing of these two reports of approximately $7.000. Dr. Spagnl stated that he plans to sell these copies to outside persons and in that way hopes to recoup much of the cost. After brief discussion. Commissioner Pistor moved. seconded by Commissioner Wenzel. that the Board approve the expenditure of not more than ~7.000 to print 150 copies of the Comprehensive Plan and 100 copfes of the Technical Report and that the Community Development Administrator be authorized to sell the copies at cost plus distribution to the public. The motion carried 3/2 with Commissioners Archer and Brown dissenting. ROUTINE BILLS - AUTHORIZED FOR PAYMENT Following Clerk William Reagan's statement that the bills being presented havf been processed following established procedures and that funds are available. Commissioner Archer moved. seconded by Commissioner Pistor and carried unanimously 5/0. that the bills be approved for payment as witnessed by the following warrants issued from May 23, 1979 through May 29. 1979: FUND BCC Payroll BCC Payroll (CETA) General Revenue WARRANT NOS. 420 - 831 60687 7265 - 7530 BUDGET AMENDMENT 79-89 TRANSFERRING FUNDS FOR PURCHASE OF TYPEWRITER TABLE - ADOPTED IU THE AMOUNT OF $50.00 Commissioner Archer moved. seconded by Commissioner Pistor and carried unanimously 5/0. that Budget Amendment 79-89 transferring funds for the purchase of a typewriter table be adopted in the amount of $50.00. aOOK 046 PACE 679 May 29. 1979 BUDGET AMENDMENT 79-90 PROVIDING FUNDS TO PURCHASE A SEWER CLEANER MACHINE. AUXILIARY POWER GENERATOR! ANn SUBMERSIBLE PUMP FOR DEWATERING PURPOSES - ADOPTED IN THE AMOUNT OF ~3.000 Commissioner Wenzel moved. seconded by Commissfoner Pfstor and carried unanimously 5/0. that Budget Amendment 79-90 providing funds to purchase a sewer cleaner machine. auxiliary power generator and submersible pump for dewatering purposes be adopted in the amount of $3.000. * * * * * * * * * * * * * * * * * * * * * * 1 * * * * * ~OOK 046 fAGE 681 May 29, 1979 RESOLUTION 79-88 AUTHORIZING ISSUANCE OF A ONE YEAR NOTE FOR $165.000 FOR THE FINANCING OF PRICE STREET CONSTRUCTION - ADOPTED~ RESOLUTION 79-81 RESCINDED Clerk William Reagan explafned that the proposed resolutfon wfll rescind Resolution 79-81 previously adopted by the Board as the bank requires a letter from the County Attorney be supplied which will authorfze fssuance of the resolution. He commented that the previously adopted resolutfon had been dated as to when the note would have been issued. County Attorney Pickworth stated he will send the required letter along with the revised resolution. In rc~pon~c to Commi~~ioner Pi~tor. County Engfneer Clffford Barksdale discussed various ways to lower the cost of the project of Price Street in that funds could be taken from other sources to cover costs of certafn drainage improvements in the area. Commissioner Archer moved. seconded by Commfssfoner Wimer. that Resolution 79-88 authorizing the issuance of a one year note in the amount of $165,000 for the financing of Price Street construction be adopted and that the County Engineer provide reco~ndat10ns as to alternate methods or sources of fund1ng certain aspects of the project. The motion carried unanfmously 5/0. * * * * * * * * * * .. * * * * * .. * * .. neOK 046 fACt 683 .. .. .. May 29. 1979 PUBLIC PETlTION BY MIKE ZEWA~K REGARDING PUBLIC NUISANCE CREATED BY THE BURNING OF DEBRIS IN THE BEAR'S PAW AREA - STAFF DIRECTED TO LOOK INTO MATTER TO DETERMI~ WHETHER A PERMIT WAS ISSUED Mr. Mike Zewalk. North Naples Civic Association. brought to the Board's attention a matter of public nuisance created the day before by a mass burning of debris in the Bear's Paw area. He stated he had several people phone him witt complaints that the area was being "smogged out". The Chair directed the staff to investfgate thfs matter to determfne whether or not a property burning permit was issued. MRS. JOHN C. (MARY ELIZABETH) VAN ARSDALE APPOINTED TO FILL THE REMAINDER OF MR. FRED ~'CCLOSKA'S UNEXPIRED TERM ON THE WMAB Administrative Aide to the Board Mary Morgan stated that fOimer member of th WMAB Fred McCloska had interviewed I~rs. Mary Elizabeth Van Arsdale about the responsibilities of being a member of subject Board and he found her to be qualified to serve as a member. Conmissioiter Wenzel moved, seconded by Conmissfoner Pfstor and carried unanimously 5/0. that Mrs. John C. Van Arsdale be appointed to fill the remainder of Mr. McCloska's term on the Water Management Advisory Board which expires February 28, 19B1. BOARD DIRECTS THAT BCC MEETINGS BE CANCELLED FOR THE LAST TWO WEEKS IN JUNE AND YHE FIRST WEEK IN JULY In order that various Commissioners can take vacations. Commissioner Archer moved, seconded by Commissioner Wenzel and carried unanimously 5/0, that the Board meetings be cancelled for the last two weeks in June and the first week in July. RESOLUTION 79-89 COI1MEMORATING 14 YEARS OF SERVICE TO THE COUNTY BY DALLAS TOWNSEND - ADOPTED Commissioner Archer moved, seconded by Commissioner Pis tor and carried unanimously 5/0, that Resolution 79-89 which commemorates the 14 years of service to the County by employee Dallas Townsend be adopted. neCK 046 t~cE687 May 29. 1979 BOARD DIRECTS PLANNING DEPARTI4ENT TO CONSIDER REZONING OF PROPERTY PRESENTLY ZONED COMMERC'Al FOro4ERLY KNOWN AS IDEAL FISH CAMP TO "RS-3" IN THE 6 MONTH COMPREHENSIVE PLAN REVIEW Administrative Aide to the Board t~ry Morgan referred to a memo from Commissioner Pistor requesting that the Board direct the Planning staff to set wheels in motion to rezone the commercfally zoned pfece of land formerly known as the Ideal Fish Camp. Commissioner Pistor moved. seconded by Commissioner Brown and carried unanimously 5/0. that the Planning staff be directed to consider the rezoning of the above-mentioned land from "Conmercial" to "RS-3" in their 6 month Comprehensive Plan review. STAFF DIRECTED TO SUBMIT APPLICATION FOR 701 COMPREHENSIVE PLANNIt:a ASSISTANCE GRANT TO OEPARTMENT OF C~~UNITY AFFAIRS Commissioner Archer moved. seconded by Commfssfoner Pistor, that the planning staff be authorized to proceed with the submission of the 701 Comprehensive Planning Assistance Grant. No vote taken on motion. Or. Neno Spagna, Conmunity Development Administrator. stated that he has no suggestions as to projects that will be eligible under this type of grant; however, he feels that the County Manager may pOSSibly have some suggestions. Commissioner Pistor suggested postponing this matter until the County ~nager is able to supply some input and made a motion to that effect. seconded by Commissioner Wenzel. After brief discussion, this motion was withdrawn by the maker and Seconder. Commissioner Archer moved, seconded by Commissioner Wenzel and carried unanimously 5/0. that the staff be directed to submit the application for the 701 Comprehensive Planning Assistance Grant and to be brought back to the Board after submission to determine what projects will be covered by the funds if they are received. BOARD EXPRESSES APPROVAL FOR THE PLANNING DIRECTOR TO PROCEED WITH THE PREPARATION OF PUBLIC HEARING BEFORE THE CAPC REGARDING ORDINANCE 76-30 REFLECTING THE FUTURE LAND-USE ELEMENT AS PART OF THE COMPREHENSIVE PLAN Dr. Neno Spagna. Community Development Administrator. stated that the Zoning Director has been receiving inquiries from people expressing concern over ~COK 04,6 fAGE 689 eCCK 046 PAGE 690 May 29, 1979 inconsistenci~s between existfn~ z~~lng of propertfes and the future land-use element incorporated by the Comprehensive Plan. He further stated he is preparing material for the preparation of a public hearing before the CAPC to consider amending the zoning ordinance to reflect the future land-use element. He referred to certain areas in which the land use was changed and suggested that if someone desires to acquire a permft under exfstfng zoning that fs not consistent with the official land-use element. the permft would be denfed. however, they would be given the right to appeal untfl such time as the public hcurings cun be hcld rcgurding the proper zoning of these propertfes. Commissioner Wimer moved, seconded by Commissioner Archer and carried unanimously 5/0. that the procedure outlined by Dr. Spagna regarding his preparation of public hearings before the CAPC concerning the Zoning Ordinance and its affect on the future land-use element of the Comprehensive Plan be approved. CHAIRMArl AUTHORIZED TO SIGN LETTER TO LEGISLATIVE DELEGATION EXPRESSING BOARD'S POSITION REGARDING A PROPOSED BILL WHICH WOULD PERMIT THE SURPLUS FUNDS TO BE INVESTED LOCALLY, AS RECOMMENDED BY THE TAX COLLECTOR Commissioner Pistor moved. seconded by Commfssfoner Archer and carried unanimously 5/0. that the Chairman be authorized to Sign a letter to the Legislative Delegation expressing the Board's positfon regarding a proposed bill which would permit surplus funds to be fnvested locally. as previously recommended by the Tax Collector (pending the receipt of a copy of the proposed bili). RESIDENT OF LAKEWOOD SUBDIVISION COMPLAINING ABOUT NOISE AND BLASTING PRESENTLY BEING CONDUCTED IN THE KINGS LAKE SUBDIVISION - MATTER REFERRED TO SHERIFF'S DEPARTMENT FOR PROPER FILING OF COMPLAINT Mr. Wilbur Pownall, resident of Lakewood SUbdiVision. stated that one of the contractors in the Kings Lake Subdivision has been blasting before the hour of 7:00 A.M. and sometimes late at night making it impossible for residents in the area to sleep and he requested that the Board inform the contractor of the ordinance which prohibits noise of this type after certain hours. County Ergineer Cliff Barksdale advised that Mr. Pownall should make his report to the State Attorney's office for their investigation. May 29, 1979 The Chafr dfrected that Mr. Pownall get with the Sheriff's Department for the proper filing of his complaint. LAKE TRAFFORD ME~~RIAL GARDENS CERTIFICATE DEED NO. 189 - RECORDED AND FILED FOR THE RECORD Pursuant to action of the Board January 10. 1978 wherein the Chairman was authorized to sign various deeds to Lake Trafford Memorfal Gardens cemetery lots as the need arises, the followfng Deed No. 189 was recorded and ffled for the record: . . . . . . . . . . . . . * * * * . . * . . * . * . Be OK 046 FACE 691 BeOK 046 rAGE 694 May 29. 1979 15. Letter transmitting new copy of Collfer County Data and Analysis frlJlTl the Division of Ecci'lomic Development of the Fla. Dept. of Commerce; xc Dr. Spagna and Dick Joder; ffled. 16. Letters received from Jane Campbell, Donald Read. and telegram from Robert Sessions regardfng the Ideal Ffsh Camp; ffled. 17. Monthly Oepartmental Reports received from BUfldfng Maintenance. CETA. Parks & Recreation; Library; ffled. * * * * * * * * * * * * * * * * * There being no further business for the good of the County. the Chair directed the meeting be adjourned at 11:37 A.M. BOARD OF COUNTY COMMISSIONERS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRIC UNDER ITS CONTROL ATTEST: WILLIAM J. REAGAN. CLERK B~):J~ 1.J!-d/ .. ....... D.~.{~/ C1..erk ~.l:: ..\'.,\~"'; <" ~ ~. . '~( ~ .. :.. I, """. ':.. , ,II r <- .)0.. ... .', . . , ~n\l\\\"