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BCC Minutes 07/10/1979 R Napl.s, Florida, July 10, 1979 LET lT1SE 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 aistricts 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: CHAIRMM: David C. Brown John A. Pfstor C.R. "Russ" Wimer Thomas P. Archer ABSENT: Clifford Wenzel, Vice Chairma ALSO PRESENT: William J. Reagan, Clerk (9:50 A.M.); Harold L. Hall. Chief De~uty Clerk/Fiscal Officer; Edna Brenneman and Jean Swindle (1:30 P.M.). Deputy Clerks; Donald A. Pickworth. County Attorney; Neno J. Spagna. Director of Community Development; Irving Berzon. Utiifty Director; Carl Clemmer. Zoning Director; Clifford Barksdale. County Engineer; Mary Morgan. Administrative Aide to the 8oa,'d; and Deputy Chief Raymond Barnett, Sherfff's Department. AGWDA BOARD OF COUNTY COMMISSIONERS FINAL AGENDA JULY 10, 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 HEARD UNDER "PUBLIC PETITIONS" AT 11:00 A.H. 1. INVOCATION PLEDGE OF ALLEGIANCE AFPROVAL OF AGENDA APPROVAL OF MINUTES: June 5, June 12, and Scecial Meeting June 22, 1979 . ., '" . 3 . 4. 3C:^ 047 ;.~~~ j.99 L1u(;t. ~ 'A~;@6 " July 10, 1979 AGENDA - APPROVED WITH ADDITIONS/DELETIONS Commissioner Pistor moved, seconde~ by Commissioner Archer and unanimously carried 4/0 with ,Commiss.1oner Wenzel not present, that the agenda be approved with the following additions and deletfons: 1. Request for authorfzation for Plannfng Director to attend 44th Annual NACo Conference, July 15-19, 1979 fn Kansas Cfty, Missourf - Withdrawn. 2. Excavation Permit re D.L. Bass, Trustee - Deleted. 3. Maintenance Agreement with South Florida Water Management District for Water Control Structures - Continued until July 17, 1979. 4. Report on trip to Washfngton, D.C. re meeting with FTC by County Attorney. Added. 5. Discussion re schedulfng of Workshop Sessions re FY 79-80 Budget - Added. MINUTES OF REGULAR MEETINGS JUNE 5 AND 12 AND SPECIAL MEETING JUNE 22, 1979 _ APPROVED ConlT1i!:sinner P~stor moved, seconded by Commissfoner Archer and ca,.ried 4/0 with Commissioner Wenzel not present, that the minutes of th~ Regular ~eetings of June 5 and 12 and the Special Meeting of June 22, 1979 be approved as presented. RESOLUTIO~1 79-99 VACATING A SEVEN AND ONE HALF FOOT ALLEYWAY IN COLLIER CITY SUBDIVISION AS REQUESTED BY BAYCO OF COLLIER COUNTY, INC~ AND ISLANDS OF THE ?EA, INC. - AD9PT.ED Legal notice having been published in the Marco Island Eagle as evidenced by Affidavit of Publication filed with the Clerk, public hearing was continued from ~ay ~2, 1979 to consider the vacation of a seven and one half foot alley- way which runs along the eastern boundary of Lots 3 through 12 and Lots 38 through 48 of Block 18, Colt ier City SLlbdivision, uS requested by Bayco of Collier County, Inc. and Islands of the Sea, Inc. County Engineer Clifford Barksdale located the properties in question on the map displayed and noted the receipt of a letter from R.H. Vosburgh, President of MIBS Corporation, dated June 4. 1979. which he read in its entirety. filing same for the record. Mr. Vosburgh's letter noted that ~e is opposed to the vacation of the Subject properties unless the alleyway bordering his properties, July 10, 1979 Lots 21 - 26 of Block 18, are also fncluded in the vacation. Mr. Barksdale explained that his response to the writer stated that the law requires that all of the property to be vacated must be properly advertised prior to the vacatfon and that the petition could not be amended to include his portion. Commfssfoner Pistor suggested that the Board initiate the action to vacate the entire alleyway without a further petition befng filed by Mr. Vosburgh. County Attorney Pfckworth concurred that.the Commission could motion to this effect; however, he ~aid that there aro very spee1ffc lQgal procQdure~ which would have to be followed. Commissioner Archer noted the receipt of further correspondence regarding the subject, namely a cablegram from Robert Jerstrom. adjacent r,roperty owner to the 8ayco parcel, indicating that he fs opposed to the vacaticn of the alley- way, which was duly noted for the record. There being no persons registered to speak, Commissioner Wimer moved, seconded by Comrnlssioner Pistor and unanfmously carried 4/0 with Commissioner Wenzel not present, that the public hearfng be closed. Commissioner Pistor moved that Resolution 79-99 vacating a 7~' alleyway in Collier City Subdivision, as requested by Bayco of Collfer County, Inc. and Islands of the Sea, Inc. be adopted; and that the staff be requested to initiate the proper 1:ga1 procadures to vacate the balance of the alleyway, upon the advice of C~unsel. The motion was seconded by Commissioner Wimer and unanimously carried 4/C with Commissioner Wenzel not present. * ... * * * * * * ... * * .. * .. .. * L\G~' 047 '}.:r 'JI17 ... ;~ . July 10, 1979 ORDINANCE NO. 79-43 CREATING A MUNICIPAL SERVICE TAXING DISTRICT FOR STREET LIGHTS IN VICTORIA PARK II - ADOPTED Legal notice havfng been published in the Naples Daily News on June 19, 1979 as evidenced by Affidavit of Public~tion ffled with the Clerk, public hearing ~Ias opened to consider a proposed ordfnance to create a Munfcfpal Service Taxing District for street lfghting in Victorfa Park II. County Engineer Barksdale explained that the developer of Vfctoria Park II subdivision has requc~ted that a street lighting dfstrict be created by the Board of County Commissioners, pursuant to the Subdfv1sfon Regulations which provides an option for the developer to fnstall the street lights or to request the County to create a street lfghting district. He pOfnted out that the residents will pay for the lights through the streee lighting ta~fng district. There were no persons regfstered to speak on the matter whereupon Commfssione Wimer moved, seconded by Commissioner Pistor and unanimously carrfed 4/0 with Commissioner Wenzel not pre~ent, that the public hearfng be closed. Comm13s1oner Plstor moved, seconded by Commfssioner Archer and unanimously carried 4/0 with Commissioner Wenzel not present, that Ordinance 79-43, as entitled b~!cw, be acopteu and entered into Ordfnance Book No.9. ORDUrANCE ~O. 79-4 J AN ORDINANCE CREATING THE VICTORIA PARK II LIGHTING HUNICrrAL SERVICE TAXI~G DISTRICT: PROVID!~G THE BOUNDARIES OF THE DISTRICT: DESIGNATI~G THE GOVERNING BODY OF THE DISTRICT: AUTHORIZING T~E LF.VY OF TAXES AS PROVIDF.D BY LAlI'; PRO\'IDI~G FOR CONST!WCTIO:-l A.~IJ AN EFFECTIVE DATE. ORDINANCE 79-44 CREATING A MUNICIPAL SERVICE TAXING DISTRICT FOR STREET LIGHTING IN LAKEWOOD UNIT NO.6. - ADOPTED Legal notice having been published in the Naples Daily News on June 18, 1979 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider a proposed ordinance to create a Municfpal Service Taxing District for street lighting in Lakewood Unft No.6. Following brief discussion wherein it was noted that there were no persons registered to address the subject. Commissioner Archer moved. seconded by Commissi( Pistor and unanimously carried 4/0 with Commissioner Wenzel not present, that the public hearing be closed. . ~ ,..... BCQ~ 047 If.~;_ " uOO~ 047 rtl~(210 July 10, 1979 Commi~~ioner Pistor moved, ~econded by Commissioner Archer and carried unanimously 4/0 with Commissioner Wenzel not present, that Ordfnance 79-44, as entitled below, be adopted and Qntered into Ordinance Book No.9. ORDINANCE NO. 79-44 AN ORDINANCE CREATING TUE LAKE\tOOD, UNIT 16 STREET LIGHTING MUNICIPAL SERVICE TAXING DISTRICT; DESIGNATING THE GOVERNING BODY OF THE DISTRICT; AUTHORIZING A TAX LEVY AS PROVIDED BY J.Ah'; PROVIDING FOR CONSTRUCTION AND AN EFFECTIVE DATE; AND PROVIDING THE BOUNDARIES OF THE DISTRl( ORDINANCE 79-45 Ar~ENDING ORDINANCE 76-30 BY ADDING A NEW SECTION 22. IV r.tEDIUM DENSJTY tlIp-R)j,t DISTRICT (RM-1B MULTT-FAMTl.V OTSTRJCT) - AtlOPTED Legal notice having been pUblfshed in the Naples Daily News on June 21, 1979 as evidenced by Affidavit of Publfcatfon filed with the ClerK, publfc hearing was opened to consider Petition NZ-79-4-C by the Planning Department requesting an amendment to Ordinance 76-30 by adding a new section 22.IV Medium Density Mid-Risl District (RN-IB Multi-Family Dfstrict). Community Development Administrator Spagna explained that the proposed new zoning district originated with the Board in order to provide a district between the low profile "RM-l" dfstrfct and the hfgh-rise "RM..2" district and the subject amendment is the result of the ad hoc committee's recommendation to the CAPe, subsequently recommended to the Board for approval. He reviewed briefly the highlights of the new zoning district, noting the densfty will be a ~a^imum of 12 units per acre, maximum height of structures is three stories above finished grade of the lot, the minimum floor arpa of principal structures is 750 square feE and that the requirements for landscaping and parking will be the same dS for the "RI"-}" District. Mr. Albert DiProspcre inquired as to whether or not a petition in process would automatically be amended to reflect the new zoning classification with Dr. Spagna, Conrnunity Development Adrnfnistrator, responding that the application will have to be resubmitted and reprocessed. There were no other persons indicating a desire to speak on the subject whereupon Commissfoner Pistor moved, seconded by Commissioner Archer and unanimous carried 4/0 with Commissioner Wenzel not present, that the public hearing be closed. July 10, 1979 Commissioner Pistor moved, seconded by Commissioner Wfmer and unanfmously carried 4/0, followfng a roll call vote, with Commfssfoner Wenzel not present, that Ordinance 79-45, as entitled below, be adopted and entered fnto Ordfnance Book No.9. ORDINANCE 79 - 45 AN ORDINANCE ~'~NOING ORDINANCE 76-30 THE COMPREHENSIVE ZONING REGULATIONS FOR 'l'IIY:; UNINCORPOR1\1'r.D AREA OF TJlP. COASTAL ARE1\. PI,1\NNtNG OHl'rRo.cCT U'i AnDING A NF:\'l SECTION 22.IV, RM-1B MEDIUH DENSITY mD- RlS~ DISTRICT AND PROVIDING AN EFFECTIVE D^TE . PROPOSED ORDINANCE A~IENDING ORDINANCE 76-30 BY Af.lENOING SECTION 9 - AREAS OF ENVIRONMENiAL SENSITlVIP TO INCLUDE THE NEW RH-1B DISTRICT - PUBLIC HEARING CONTINUED UNTIL_JULY 31, dJ9 Legal notice having been published fn the Naples Daily News on June 21, 1979 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition NZ-79-S-C by the Plannfng Department requesting an amendment to Ordfnance 76-30 by amendfng Section 9, Areas of Environmental Sensitivity, to include the new ~1-1B Dfstrict. Connunity Development Administrator Neno Spagna explained that, to coincide with the new "RM-IB" District, amendments must be made to the "ST" Section of Ordinance 76-30 to cover the transfer of development rfghts. He said that the Coastal Arp3 Planning Con~ission held thefr public hearfng on the proposed amendmer on June 21, 1979 an~ reconmended forwarding Petitfon NZ-79-5-C to the Board with a recommendation of approval. County Attorney Pickwurth observed that the purpose in establiShing a categor~ for medium density development was to provide a middle ground between low and high density development and inquired if the transfer of development rights might result in high-density zoning. Dr. Spagna explafned that the TOR provision would allow an increase of only 20% or 2.4 units per acre, pointing out that "TOR" petitions would have to be reviewed by the Board wfth the Board having the option of denying, amending or reducing the number of units allowed. If'JO( 04-7 -~! . n'r" ^A7 I,._~J) I,;W~" ~ . 1,."J'1-~'" . '. ... July 10, 1979 Following brief discussion wher~in it was noted that there were no persons registered to address the matter, Commissioner ~fmer moved. seconded by Commissioner Pistor and unanimously carried 4/0 with Commissfoner Wenzel not present, that the public hearing be closed. Commissioner Archer moved, seconded by Commissioner Wimer, that the proposed ordinance amending Ordinance 76-30 by amending Section 9 to include the new nRH-1B" zoning district in the areas of environmental sensitivity, be adopted. Following a roll call vote, the motion was defeated 3/1 with Commfssioner Pistor votin!) in opposition anrl CommissioMr ~Ienzel not present. Commissioner Archer moved that the aforesaid action be rescfnded and the matter continued until a full Board was in attendance. Commfssioner Pfstor seconded the motion which carried unanimously 4/0 with Commissioner Wenzel not present. Conmissioner Archer moved that the public hearfng be reop~ned and contfnued until July 31. 1979. Commissioner Pistor seconded the motfon which carried 4/0 with Commissioner ~enzel not present. ORDINANCE 79-46 AMCNDING ORDINANCE 74-31 TO PERMIT STAFF REVIEW AND ISSUANCE OF CERTIFICATES OF EXEI~rTlON FOR OPERATION OF CERTAIN VEHICLES ON BEACHES, DUNES, .pC. -:.JiDOPTED Legal notice having been publiShed in the Naples Oafly News on June 19, 1979 as evidenced by Affidavit of Publication filed with the Clerk, publfc hearing was opened to consider a proposed ordinance by the Planning Department to amend Ordfnance 74-31 to permit staff review and issuance of Ccrtfficatcs of Exemption for operation of certain vehicles on beaches, dunes, etc. It was noted by County Manager Norman that there were no persons registered to spca k on the propo~ed ol'd i nanc!! \./hereupon Commi ss ioner Archer moved, seconded by Commissioner Pistor and unanimously carried 4/0 with Commissioner Wenzel not present, that the public hearing be closed. Following his reading of the title of Ordinance 79-46, as follows, Commissioner Archer moved its adoption for inclusion in Ordinance Book No.9. The motion was seconded by Commissioner Pistor. July 10, 1979 County Attorney Pickworth noted that the format of the ordinance contains errors and requested authorizatinn for him to redraft the ordinance fn proper format, noting that the contents would remafn the same. The maker and seconder of the motion agreed to the Inclusfon fn the motion of the request by Mr. Pickworth, whereupon the motion carried by unanimous vote 4/0 with Commissioner Wenzel not present. ORDINANCE NO. 79-46 AN ORDINANCE. Af.lENDING COLLIER COUNTY ORDINANCE lt74-31, SECTION 30-' (d)(2) OF THE COLLIER COUNTY COOE AS IT RFlATFc; TO THE GRANTING OF AN FXmp- TION CERTIFICATE; PROVIOING A METHOD; (;RANTING AUTHORIZATION TO THE COUNTY MANAGER TO ISSUe AN EXEMPTION CERTI- FICATE; PROVrO/NG A CONSTRUCTION CLAUSE AND AN e;::=ECTIVE DATE. ORDINANCE 79-47 k'~ENDING ORDINANCES 76-30 AND 79-16 BY CORRECTING LEGAL DESCR I PrIC'1 ~~ BEA8 I S PAW COUNTRY CLUB - :'DOPTED Legal notice ha'ling bp.en publiShed in the Naples Daily News on Jurte 7, 1979 as evidenced by Affidavit of Publication filed with the Clerk, publfc hearfng ~/as opened to consider an amendment to Ordinances 76-30 and 79-16 to correct an error in the legal description of Petition 78-35-C, Bear's Paw Country Club. Corrrnunfty Development Administrator ,':eno Spagna explained that the subject error in the legal description of the pro~erty does not change ~ny of the require- ments of the original PUD document and t~~t said error fs minor in nature. There being no persons registered to address the subject, Commissioner Wimer moved, seconded by C0n~n j ss i oner Archer ar.j unan imous 1y carri ed 4/0 wi th Commfss i oner Wenzel not present, that the public hearing be closed. Commissioner Wimer moved, seconded by Commissioner Pistor. that Ordinance 79-47, amending Ordinances 76-30 and 79-16 by correctfng an error in the legal description of Petlton R-78-3S-C re Bear's Paw Country Club, as entitled below, be adopted and entered into Ordinance Book No.9. :~ '..1'.. :'\ OA'7 ".._~O . .,1 a.'..~ l'U~~. 047 1'~GE W. '" . Juiy 10. 1979 ORDINANCE 79 - 47 AN ORDINANCE ~lENDING ORDINANCE 76-30 AND 79-16 BY CORRECTING AN ERROR IN THE LEGAL DESCRIPTION OF PARCEL 1 IN ORDIN- ANCE 79-16 FOR DEAR'S P.M., AND PROVIDING AN EFFECTIVE DATE Commissioner Archer commented that he has observed the absence of any reference to the fact that the airport fs in close proximfty to the deve10pment, and that aircraft will be taking off over the complex, in any of the documents regarding the project and stated his desire to have this t~ct emphasized whenever the Bear's Paw development is discussed. Upon call for the question the motfon carried unanimously 4/0 with Commissioner Wenzel not present. ORDINANCE 79-48 REZONING FROM Cr:C TO pue PORTIONS OF SECTIONS 29 & 32, T50S, R26E ON THE EAST TRAIL SOUTHWEST OF MYRTLE COVE ACI\E5 - ADOPTED; PETITIONER'S AGREEMENT TO _~TiPULAl IO!iL:-_~CEPTEJ2____ Legal notice having been published in the Naples Daily News on J~ne 1, 1979 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition R-79-8C by Barnett Banks Trust Company's request for rezoning from "GRC" General Retail Commercial to a conmercfal "PUD" Planned Unit Development in portio~s of Sections 29 and 32. Township 50 South, Ra~g~ 26 East on the East Trail, southwest of Myrtle Cove Acres. Community Development Administrator Neno Spagna located the subject property on the map provided and, res~onding to COlnnissioner Pistor, explained the reasons for the requested rezoning to "PUD" instead of "GRC", noting that Commercial "PUO" h'ould permit "mini-storage" as an additional usage. Then were no pel-sons registered to speak on the petition, \1hereupon Commissioner Archer moved, seconded by Commissioner Pistor and unanimously carried 4/0 with Commissioner Wenzel not present, that the public hearing be closed. Commissioner Archer moved that Ordinance 79-48, as entitled below, be adopted and entered into Ordinance Book No.9, and that the Petitioner's Agreement to the inlposed stipulations be accepted. The motion was seconded by Commissioner Pistor and unanimously carried 4/0 with Commissioner Wenzel not present. .'.!, July 10, 1979 ORDINANCE 79-49 REZONING FROM itA" AGRICULTURE TO "AM-1M SINGLE AND MULTI-FAMILY ON PROPERTY IN THE NE~ OF SECTION 16, T48S, R25E ON THE NORTH SIDE OF WIGGINS PASS ROAD ALROSS FROM ENTRANCE TO GULF HARBOR SUBDIVISION - ADOPTED; PETITIONER'S AGREEMENT TO STIPULATIONS - ACCEPTED Legal notice having been published in the Naples Daily News on June 1, 1979 as evidenced by Affidavft of Publication ffled with the Clerk, public hearfng was opened to consider Petftion R-79-SC by W.L. Ba1nbrfdge requestfn9 rezoning from "A Agriculture to "RM-1" Single and Multf-Family on property located in the NEI~ of Section 16, TOloln5hip 48 South, Range 25 East on the n~rth sfde 01' Wiggins Pass Road across from entrance to Gulf Harbor Subdfvfsfon. COfTJl1un i ty Devc 1 opmen t Admi n is tra tor ~Ieno Spagna descri bed the property as being that property shown in orange on the map dfsplayed, and detafled the zoning districts of the adjacent properties. Mr. P.~~ert R. Wright, of Post, Buckley, Schuh and Jernfgan, representfng the petition~r, stated that, to his knowledge, the property will be developed into multi-family parcels with a maximum density of 6.22 unfts per acre; however, he said t~~: ~here has been no authorization for conceptual planning at this time. It was detennined that there were no persons fndfcating a desire to address the subject. whcrcuj;on Commissioner Pistor moved, seconded by Commissioner Wimer and unanimc~sly carried 4/0 with Commissioner Wenzel not present, that the pUblic hearing be closed. CommiS3ioner Pistor moved. seconded by Commissioner Archer. that Ordinance 79-49, as entitled below. be adopted and entered fnto Ordfnance Book No.9, and that the Pet! tiol1l?r' s Ag"cement to the irrposed stipulations be accepted. Follow;n~ not present. a roll call vote, the motion carried unanimously 4/0 with Commissioner Wenzel ORDINANCE 79 - 49 AN ORDINANCE Ar-IENDING ORDINANCE 76-30, THE COi.tPREHE~ISIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF THE COASTAL PLANNING DISTRICT, BY A}mNDING THE ZONING ATLAS MAP NUMBER 48-25-5 BY REZO~ING THE FOLLO'.'1ING DESCRIBED PROPERTY FRON "A" AGRICULTUllE TO "RH-1" RESIDENTIAL l-IULTI-FA}IILY DISTRICT: THE EAST 320.00 FEET OF THE WEST 360.00 FEET OF THE SW 1/4 OF THE NE 1/4 OF SECTION 16, To~m- srrIP 48 SOUTH, RANGE 25 EAST, EXCEPT THEREFRO:1 THE NORTH 40.00 FEET &~D THE SOUTH 70.00 FEET OF SAID SW 1/4 ~lD PROVIDING AN EFFECTIVE DATE ~o~~, 047 ~,,~~1j7 July 10, 1979 PETITION R-79-10C, LLOYD SHEEHAN. REQUESTIrlG REZONING FOR PROPERTY Ktlmm AS FtSHE~~N S COVE LOCATED OF~ KC~LY ROAD - PUBLIC HEARING CONTINUED UNTIL OCTOBER 30, 1979 Legal notice having been publfshed fn the Naples Daily News on June 7 and 28, 1979 as evidenced by Afffdavits of Publfcat10n ffled with the Clerk, public hearing was opened to consider Petitfon R-79-10C by Lloyd Sheehan, requesting rezoning for property known as Ffsherman's Cove and located off Kelly Road betwecn Hilld~man Creek and Thorrrnasson Drive. County Manager Norman reported that the petitfoner has requested that this item be continued, whereupon Commissioner Archer moved, seconded by Commfssfoner Pistor and carried /j/O ~(i th Corrrnissioner ~':enzel absent, that the publ ic hearing be continued until October 30, 1979, follol"ing staff recolTr.lendation. Mr. ~like Zewalk expressed concern about the matter befn9 contfnued for such a lengthy r:'~l'Iod of timc suggesting that ft might be unfafr to the interested property owners who might wish to be heard on the matter. Commissfoner Pfstor concurred ',;ith the speaker, pointfng out that continuing the hearfng would negatl the necessity for readvertising the matter; however, he said that if such continuance would cause a problem. it might be worthwhile to readvertise it. He also pointed out that the hearing wfl1 be listed as an agenda ftem and published in that format. County Ilanager Norman observed that there has been a great deal of interest on the matter shown but that the reason there were no fnterested persons in attendance at the BCC meeting is due to the fact that such partfes were made aware Juring the Coastal Area Planning COM~ission public hearing that the pUblic hearing would be continued. RESOLUTION 79-100 GRANTING A SIDE YARD VARIANCE FOR LOT 43. UNIT A, NAPLES BATH ~ TENNIS CLUB AS REQUESTED BY MR./MRS. WHo FARNSWORTH - ADOPTED Legal notice having been publfshed in the Naples Oafly News on June 22 and 28, 1979 as evidenced by Affidavit of Publication filed with the Clerk. public hearing was opp.ned to consider Petition V-79-11-C by Mr. and Mrs. William Farnsworth requesting a side yard variance from 10' to 7~t so that a swimming pool may be constructed on Lot 43. Unit A, Naples Bath & Tennis Club. BG~~ (J.f7 fJ.Si Z18 ~c~~ 0411,',~t220 " July 10, 1979 Mr. Jeff Perry, Zoning Department, explained the reasons why a 7~' sfde ~etback varlance is being requesi~d for a portion of a screen enclosure and stated that, because the lot is odd-shaped and the encroachment wfll be by a structure that permits the passage of light and afr and is a mfnimum variance, it is being recommended by staff that the variance be approved. Commissioner Pistor questioned the necessity for the variance, following his review of the sketch of the project, suggesting that by placing the enclosure within the setback would not, fn his opinfon, upset the appearance of the property Mr. Perry further described the configuration of the subject lot concurring with County Attorney Pickworth's statement that if the petitfoner's lot was similar to the adjacent lots a variance would not be needed. There were no persons present indicating a desfre to speak on th~ matter following which COlrmissioner Archer moved, seconded by Conmfssioner Pistor and ur,Jnimously carried 4/0 with Commissioner Wenzel not present, that the pUblic hearing be closed. Commissioner Archer, commenting on the fact that a hardshfp has been shown on the land itself and its configuration, moved that Resolution 79-100 regarding Petition V-79-11C by Mr. and Mrs. William Farnsworth requesting a side yard variance for Lot 43, Unit A, Naples Bath & Tennfs Club, be adopted. The motfon was seconded by Commissioner Wimer and carried 3/1 wfth Commissioner Pistor opposed to the motion and Commissioner Wenzel not present. . * * * . * * . * * . * * * * * * * . July lOt 1979 EXTENSION OF CAPRI WATER WORKS, INC. FRANCHISE AREA TO SERVE ENCHANTING SHORES MOBILE HOME PARK - DENIED; SAI.r OF POTABLE WATER THROUGH MASTER METER APPROVED Legal notices having been published in the Marco Island Eagle on June 2B, 197~ and in the Naples Daily News on June 22 and 29. 1979 as evidenced by Affidavits of Publfcatfon filed with the Clerk, public hearing was opened to consider the extension of the Capri Water Works, Inc. franchise area to serve Enchanting Shores Mobile Home Park. Utility Director Irving Borzon explained that a propo~ed extension of the Capri Water Works, Inc. franchise was denied by the Board fn June, 1978 at which time the Board instructed that the matter be brought back to the Board when sufficient informution to justify the extension was obtained. Such information is available, continued Mr. Berzon, stating that it fs appropriate to re-hear the matter at this time. Referring to the stipulations contained in the staff reconmendation, Commissioner Archer Inquired if the developers of the mobfle home park have agreed ~o ~'el,l. Mr. Thomas Peek, of ~:flson, Niller, Barton, Soil & Peek, Inc.. engineers for Henderson Creek Construction Co., the developer, stated that the ownership, operation and maintenance of the water lines and related appurtenances would remai~ the res,onsibility of the Enchanting Shores Mobfle Home Park. Attorney Robert Neinas, Counsel for Capri Water Works, Inc., explained that the firn's Board of Directors passed a resolution some months ago that they would '1ot accept applications for ne\~ customers outside of the finn's franchise area, the reason being concern over its ab11fty to serve the new growth anticipated outside said area. He said that there were two development groups "caught in a crack" by this decision, one being Enchantfng Shores ~'obfle Home Park and the other being Royal Palm Golf Estates. both of which have some rights with regard to the utility; however, he said that the firm does not feel it has a legal obligation to serve either of them because their water service was contingent upon the Board of County COl1l1lissioners granting a Franchise extension request. Continuing, Mr. Neinas said that the firm is willing to serve both developments on a master meter basis which is agreeable to both developers, and the Board is being requested to approve this proposal. Mr. Neinas I'Ull7 ,.._ ~ cS:.' VIr' ;';...;~~ "(1\1 0'" w,f.)J)A UUWI\ " i hW;' IMIIfI' July 10, 1979 added that it is felt there .s sufficient capacity to serve both projects but observed that there is no intent to come back in the future with further request! the present intent being to help out the two developers. Following brief discuss10n, Mr. Neinas pointed out that it was not the utility firm that filed the petition for an extension to fts franchise area but rather the Enchanting Shores developer and said that in his opinion the developer would be willing to withdraw the request for such extension ff the firm's reques1 is granted with regard to a master meter, as outlined. County Attorney Pickworth adv;~ed that., to protect the developer, if the utl1fty firm will state that they are willing to serve the project on a master meter ba$is, the public hearing can be closed and the request for a franchfse e~tension dropped. Mr. Neinas reiterated that Capri Water Works, Inc. is wflling to serve both Enchanting Shores and Royal Palm Golf Estates on a master meter basis. Mr. Berzon signified his approval of the proposal. Attorney J. Dudley Goodlette, representing Henderson Creek Construction Company, stated that his client would not be wil1fng to withdraw the request for a franchise extension until there is assurance from both Capri Water iiorks, Inc. and, to the extent necessary, the County that the Enchanting Shores project will be serviced with water supply. He added that it fs fmmaterial on what basis the supply is made available. Mr. Berzon, commenting on the available supply of water, said that since the last public hearing Capri Water Works, Inc. has installed three new wells and been granted a consumptive use permit by the South Florfda Water Management District with an allocation of 20% greater than their original allocation. Dr. Pat Gleason, having registered to address the subject, declined the opportunity with the cOl1n1ent that "Ill view of what has been said, I don't believe it would be necessary to speak". Mr. J.G. Fletcher, Director of Operations, Capri Water Works. Inc., yielded his opportunity to make a statement. Commissioner Archer moved. seconded by Commissioner Pistor and unanimously carried 4/0 with Commissioner Wenzel not present. that the public hearing be closed. July 10, 1979 Following brfef consultatfon with County Attorney Pickworth. Commissioner Archer move~ that the request by ~he Enchanting Shores Mobfle Home Park developers for an extension of the Capri Water Works, Inc. franchise be denfed. and that Attorneys Neinas and Goodlette be requested to prepare the necessary agreement for the master-metering, between the two partfes. and that the agreement be brought back to the Board. The motion died for lack of a second. Mr. Peek stated that his ffrm was laboring under the assumption thdc, fn order for C~rri Water Works to serve a prfvate party directly with a master meter, such area had to be withfn the ffrm's franchise area. Attorney Pickworth stated such assumption was not correct and Mr. Oerzon added that the firm cannot sell outside the franchise area wfthout Board approval which he said the Board can grant. Mr. Nefnas noted that the ffrm serves other customers on a master meter basis and have a standard agreement to thfs effect. CommissIoner Archer moved that the requested franchfse extensfon be denied and that the Board approve the sale of potible water from Capri Water Works. Inc. to Henderson Creek Construction Co. under a standard agreement, as aforementioned. through d master meter arrangement. Commfssfoner Pfstor seconded the motion which carried unanImously 4/0 with Commissioner Wenzel not present. Note: See next Item for action taken with regard to Royal Palm Golf Estates. BOARD AUTHC~:ZES SALE OF POTABLE WATER BY CAPRI WATER WORKS, INC. TO ROYAL PALM GOLF ESTATES ON ('IASTER ~lETER BASIS WITHOUT EXTENSION OF FRANCHISE ARE,'), Pursuant to discussions held on previous item, Commissfoner Archer moved to authorize Capri l'later Works, Inc. to s~ll potable water through a master meter arrangement to Royal Palm Golf Estates without extension of finn's franchise area. The motion was seconded by Commissioner Pfstor and carried unanimously 4/0 with Commissioner Wenzel not present. '" '" '" '" '" '" '" '" '" . . '" " 1r 1r '" * RECESS: 10:15 A.M. until 10:25 A.M. '" '" '" '" '" '" '" '" '" ." ." '" ." ." '" .. '" ~cC'~, 04-'7 i'!:~;f'l:15 " ~ '" . '-..... l)O~y. 047 t,'.bt 2.26 .>1 .... ". July 10, 1979 PETITION A-79-SC. KRIS DANE. P.E., APPEALING ZONING DIRECTOR'S DECISION NOT TO APPROVE SPEL[F'IC DOCK CONSTRUCnO;; IN VANDERBILT LAGOON. PUBLIC HEARING CONTINUED UNTIL JULY 31, 1979 Legal notice having been published in the Naples Daily News on June 22, 1979 as evfdenced by Affidavft of Publfcatfon ffled wfth the Clerk. public hearing was opened to consider Petition A-79-SC, filed by Krfs Dane. P.E., appealing the Zoning Director's decision not to approve speciffc dock constructfon in Vanderbilt Lagoon, more specifically described as being the South 1/2 of Lot XIII and the North 1/2 of Lot XII. Block B. Mr. Jeff Perry, Zoning Department, explafned that the petftfoner fs aSkfng the Board to determine that the proposed constructfon of a 92' multiple-docking structure on the subject property meets the criteria as described in Sectfon 25.2.8(5) of the Zoning Ordinance. He said that ft is the Zoning Director's opinion thdt the application submitted is of such a length to permit a certain number of boats and is extending out beyond the length of adequate water depth, Le. 3.5' at f'lLW. Further, said ~lr. Perry, a strfct interprctatfon of the pertiner ordinance does not appear to include the "required" number of boat spaces as part of the criteria for extending the dock beyond the 20' maxfmum length. Mr. George Varnadoe. Attorney, representing the East Bay Develo~ment Corp., developers of the property, suggested that there may be some misconception as to the basis for the appeal, explaining the differences between Subparagraphs (2) and (5) of Section 25.2.8 of the Zoning Ordinance and stated that the proposed docking facilities comply 11ith Subparagraph (2) which provides for non-colllTlercial boat-launching facilities and multiple-docldng facilities. Commenting that the County is not the only entity which has a permitting function, I-lr. Vamadop. ,'c.1d into the record, as required under Section 253.124. Florida Statutes, the following Oiological Assessment of the project, dated "lay 3. 1979. as submitted by ~l.F. NO\'licki, Dredge & Fill Supervisor, Florida Department of Environmental Regulation: * * * * * * * * * * I\A71 "I',r\l~~o 1: W ~~ '-"" - IJtD .... July 10, 1979 Mr. Varnadoe stated that, in addftfon to the FDER offering no objection to the propo~~d dock fdcility, the project meets the gufde11nes of the Corps of Eng~neers, following which he read pertinent sentences from said guidelines on dock facilities. Continuing, Mr. Varnadoe submitted for the record a letter of no objection from the United States Coast Guard, as prepared by J.C. Betancourt, Jr., dated Juno 4, 1979, wherein it is stated that "it does not appear that the dock will unreasonably affect the safety of navigatfon". County Attorney Pfckworth. having researched the relevant provisions of the Zoning OnJlllalH;~ p~rLdlnin9 to the ma~ .:r under discussfon, stated that Subparaqraph (5) of Para9raph 25.2.8 establishes certain standards with regard to private boathouses and docks whereas Subparagraph (2) pertains to non-comnercial boat-launching facilities and multiple-docking facilities and has no similar standards with regard to the length of docks protruding fnto the water. He said that a narrow interpretation of the, ordinance. since there are no standards, would suggest that the project fs simply a permitted accessory use and should be allowed. He said that there is an implied standard in all County ordinances to safeguard against unreasonable danger to the pub 1 i c sa fety. He referred to the fact that other regul atory bodi es which pass :;pon dock construction protruding into waterways have not cbjected to the rroject and. unless the Board adopts standards on multiple-docking facilities, the only regulatfon is by State and other regulatory agencies. Further, said Mr. Pickworth, if the Board agrees that the project comes under the aforereferenced Subparagraph (2), in his opinion, the 80ard does not have the right to deny approval. Hr. Pickworth pOinted out that the Zoning Depart- ment was confronted with a dilemna when ruling on the type of project under discussion as to \~hcthcl' SUbpill',1graph (2) or (5) appl ied and that the provisions of the ordinance should be clarified as soon as possible. Among the interested persons registered to speak on the appeal was ~lr. Walter Wilde who yielded his time to Hr. Michael Moore. President of the Vanderbilt Beach Property Owner's Association, who stated his opposftion to the dock constructIon as proposed. Mr. Moore said that a 92' dock would be a hazard and that the water depth is adequate at a 20-25' dock protrusfon. July 10, 1979 Mr. Frank Comeriato, Vanderbilt Beach resfdent, urged the Board to uphold the decision of the Zonfng Director, among his reasons the fact the waterways are publ ic proper:.,' and that a 901+ dock would be hazardous to the public using these waterways. Mr. Neal Pasco, affected property o~mer, expressed oppositfon to granting the appeal, citing, among other reasons, the pOSSible prolfferatfon of extension of existing docks or the construction of new and lengthy docks to gain additional boat ti~-up spaces. Mr. Carl F. Gilzow, adjacent property owner, stated that he has no Objection to construction of d boat dock but expressed opposftfon to the proposed length stating that it would be a hazard to recreatfonal activites such as wat~r-skiing, and the like. Chair~lln Brown filed for the record 227 separate petitfons from property owners of Connors Vanderbilt Beach Estates all of whfch Objected to Petition A-79-SC as filed by Mr. Dane. Discussion followed concerning ownership of the dock, with Mr. Varnadoe stating that the Association would own the dock but the boatslips would be owned by individual condominium owners. Responding to Commissioner Archer's query as to ~edesigninq the project in order to avofd a protrusion of 92' since it is not n~cessal'y to obtain sufffcient water depth, Mr. Kris A. Dane. P.E., of Coastal engineering Consultants, representing East Bay Development, responded that such l~ngth was necessary fn order to construct the dock as close to the shore as possible and to place 15 boatslfps in 100' of waterway. All proponents and opponents having been heard, Commissioner Archer moved, seconded by Commissioner Pistor, that the Zoning Director's decision to deny approval be upheld. Discussion followed concerning whether or not the docking facility could be considered privately-owned and, therefore, should come under the provisions ur Subparagraph (5) of the appropriate section of the Zoning Ordinance. It was the consensus of the Board that both subparagraphs, (2) and (5), should be clarified since there appears to be a redundancy in the language. __ nA'I "r- ~I}a ~'J"." "t-' Ij....'..~ cc~~ 047 fl.G: 2a) July 10, 1979 Upon call for the question, th~ vote was 2/2 with Commissioners Brown and Wimer voting in opposition and Commissioner Wenzel not present, whereupon Conmissioner Wimer moved to rescind the actfon taken. The motfon was seconded by Commissfoner Archer and carried 3/1 with Commfssfoner Brown votfng in opposition and Commfssioner Wenzel not present. Commissioner Archer moved that the publfc hearing be reopened and continued until July 31, 1979. The motion was seconded by Commissioner Wfmer and carried unanimously 4/0 with Commissioner Wenzel not present. Chainnan Brown advised that his vote of opposition to the orfginal motion was based upon the facts presented with regard to the Corps and State Agency'~ expressions of "no objection" and upon the advfce of the County Attorney. RESOLUTION 79-101 RE PETITION V-79-5C, JOHNSON-SAWYER SEAFOOD. REQUESTING 15' FRONT YARD SETBACK VARIANCE - ADOPTED L~gal notice havin9 been published fn the Marco Island Eagle on June 21 nnd 28, 1979 as ev~denced by Affidavit of Publication ffled with the Clerk, pUblic hearing was opened to consider Petition V-79-5C, filed by Johnson-Sa\~yer Seafood, requesting a 15' front yard setback variance for construction of an office addition on Lot 4, Block 5, Amended and Enlarged Plat of Goodland Heights Subdivision. Zoning Director Carl Clemmer explained that the petitioner wishes to construct a 15' x 15' office addition to an existing structure on the subject pr'operty and described the futul'e plans the petitioner has for his property. Mr. Clemmer noted that there have been no Objections filed regarding the proposed variance and it is the staff recommendation that the variance be granted since it will be in harmony with the property uses existing on Goodland. A bri ef d i SCll~ S i 011 1'011 oVicd 1.1i th r.lr. Ca rson SUI'Iyer provid i ng ilddit i ona 1 infol111ation regarding the project. There being no persons in attendance indicating a desire to speak on the matter, Conmissioncr Wimer moved, seconded by Commissioner Archer and carried unanimously 4/0 with Commissioner Wenzel not present, that the pUblic hearing be closed. Commissioner Wimer moved. seconded by Commissioner Archer and unanimously carried 4/0 with Commissioner Wenzel not present, that Resolution 79-101 be adopted. July 10, 1979 PUBLIC HEARING RE PROPOSED USE OF FEDERAL REVENUE SHARING FUNDS FOR FISCAL YEAR 1979-80 - NO ACTION TAKEN PENDING REVIEW OF ~UDGEr Legal notice having been pUblfshed in the Naples Daily News on June 29, 1979 as evidenced by Affidavit of PUblfcation filed with the Clerk, pUblfc hearing was opened to consider the proposed use of Ftderal Revenue Sharing Funds fn the Fiscal Year startfng October 1, 1979. l'lscal Officer Harold L. Hall explained that, according to Federal guidelines, the Ooard fs to hear coom~nts and sugg~s~1ons from the public pertaining to the Board's budgeted uses for Federal Revenua Sharing Funds for the comfng year. He said that $679.113 has been allotted for rY 79-80 which he safd is an fncrease of approx ilna te ly 4l~% over 1 a s t yea r. Co', ~ i nu f ng J Mr. Ha 11 sa id that mos t of the comments h~ard the previous year were frc~ persons primarily i~terested fn roads, sidewalks, bike paths, and the like, whicn usage paralleled the priorities establisl by the Boal'd and, therefore. could be reaiily adhered to. It was also suggested the funds be usej as far as possible to holdiown ad valorem taxes, said Mr. Hall. Mr'. ~:n:e Z..walk, representing the ::crth Naples Civfc Associatfon, stated that again this year the Assoc1ation fee1s that the funds should be used to reduce nd valorem taxes, Mr. Jer'~ Pri~us, representing the C:ncerned Cftizens group, reported that his organization would like to see a ~ercentage of the Revenue Sharing dollars be allocated to the eastern pOt'tion of ';i~~ County for low-fncome housing. Mr. Merlyn Almack concurred with t~e previous speakers regarding the use of the funcs for holding down taxes; ho~'.e'ier, he also would like some consideration given to the construction of bike paths along the East Trail, explafnfn~ the di fficul ties encountered by pp.rsons ~Ii silL1g to travel by bicycle to thc shopp1ng center nearby. Chairman Brown directed the County Manager to make a note of Mr. Almack's suggcstion for further consideration. It was pOinted out by County Manager Norman that the bike paths for ~he area are scheduled for 1981 depending upon the availability of fund~. ihere were no other persons registered to speak on the topic, Whereupon COllI1lissioner Pistor moved, seconded by r:c~issioner Wimer and carried 4/0 with COllI1lissioner Wenzel not present, that tr.! public hearing be closed. ...)'ri . '''_~~~ ~c~~: UTI ;....Ji.,~ ~m 047 ~J.Ct~ July 10, 1979 Mr. Hall reported that the Fp.deral Revenue Sharing funds have not been included in the proposed budget at this time, awaiting the sU9gestfons made during the public hearing and the dfrectfon of the Board. Commissioner Archer moved that no actfon be taken until the budget is reviewed. The motion was seconded by Commissioner Pfstor and unanimously carried 4/0 with Connissioner Wenzel not present. REQUEST BY ATTORNEY GEORGE VEGA, JR. FOR REHEARING ON BCC ACTION TO DENY PROVISIONAL USE FOR CHILD CARE CENTER ON MARCO ISLAND RE MR. AND MRS. BOYD _ orNTm Attorney George Vega, Jr. stated that he. on behalf of hfs clients. Mr. and Mrs. Richard Boyd, have asked to address the Board for the purpose of requesting rehearing with regard to the turndown by the Board on June 5. 1979 of a provfsion use, Petition PU 79-2C, for a child care center on Marco Island, He safd that he was not planning to introduce any new evidence with regard to the matter; however he said that it has been indicated, by ml!morandum from the County Attorney dated June 11, 1979 which was shown to him. that the subject petition may very well hav' been turned down improperly, or maybe should not have been turned down, on a lega basis. Mr. Vega said that it was felt that all of the standards regarding pro- visional use have been complied with and suggested that the Board may wish to reconsider their action. The matter of whether or not the Board has any discretion or latitude in granting provisional uses was deliberated with Mr. Vega suggestfng that such discretion is extremely limited if all of the pertinent sections of the Zoning Ordinance have been met. Commissioner Archer explained that his basis for denial of the petition was due to the fact that he had been mislead on several matters regarding the proposed operation and noted thilt the operation \'/ould be strictly c~nmercial and, in his opinion, he does not feel that it belongs in a residential section. County Attorney Pickworth addressed the matter of whether or not the Board of County Commissioners has discretionary powers, explaining that when zoning matters of this type are heard, the Board is sitting as a Board of Zoning Ad- justment and Appeals. as permitted under Special Act. He said that the mere July 10. 1979 fact of being a Commissioner does not provide more dfscretion or latitude than the law would allow if there were a separate board. He added that, in his opfnion, the Board should have set up a separate Soard of Zoning Adjust- ment and Appeals to hear such matters. Commissioner Wimer observed that when matters of the type under discussfon are brought to the Board, sfttfng as the Board of Adjustment and Appeals, ft fs for the purpose of determining whether or not the petition meets the provfsions of the law; if so, ~upposedly, the petitioner is automatically entitled to that use. If even one item of the law is not mat, he contfnued, then tho petftfon can be denied. Mr. Pickworth said that the board hearfng the petition is to find the facts nnd determine whether or not the crfterfa has been met. To further explain, /';1'. Pickworth said that, pursuant to established pol~cy. the Plannfng Commission held its hearing on the subject petition and found that it dfd meet the criteria, following which the Board held ~ hearing whfch he said was not a factual headn!] since there were no addftfonal ffnd-Ings of fact made. However, said Mr. Pickworth, if there are facts to support a ffnding that the Planning Commission \~as wrong or thdt the proposed provisional use ~Iould be a danger to the publ ic h€:alth, safety or welfare, then, obvfously, the petition should be denied with the Roard having such right. Conrnissioner Pistor stated that he has thoroughly examined the project personally and that he does not feel that it meets the reqUirements of a child care center for several rea~ons and, also, that it does not meet the requirements of a proYis~~nal use in the particular area. Brief discussion followed concernfng the interpretation of ~he Zoning Ordinance as it pertains to a child care center with Commissfoner Pistor readfng the definition of a child care center as contained therein. Commissioner Archer commented that, although it has been stated by both attorneys that all of the facts there were previously presented legally met the t!stdbllshed criterld, "I don't think there were some (dets presented" following which he moved to rescind the previous action taken by the Board and to readvertise for a public hearing and request that all of the facts pertaining to the pro- visional use matter be brought back before the Board for discussion, as the Board of Appeals. Commissioner Pistor seconded the motion. :,CG~ 047 rt.~t 235 , \, ... '. """,,",.\ O~7 tj.~E286 . \ Ju'y 10, 1979 Mr. Pickworth offered the opin;on that if the Board does not feel that all of the facts were presented the motion to rehear the petition was a proper one. Upon call for the questfon, the motfon faf1ed 2/2 with Commfssioners Wfmer and Brown voting in opposition, and Commissioner Wenzel not present. County Manager Norman pointed out that there were persons registered to speak on the matter with Commissioner Archer commentfn9 that the matter was not belny heard in a pUblic h~arin9. Iwo letters of opposition to the petition were filed for the record, as follows: 1. Mr. and Mrs. John P. White (July 3, 1979) 2. Ms. Diana S. Jerome (July 10, 1979) CHAIR}~N AUTHORIZED TO SIGN LETTER TO SFWMD REQUESTING AMENDMENT TO DISTRICT'S fiUJ-J..L~iKrU'LQV.L1UJ'PLF:J;lmT A GENERAL PJRMITTING PROCEDURE IN COLLIER COUNTL Loca 1 atturr,E'Y TOby CDrroll addressed the Board to request assistance in obtaining frorn the South rlorfda Water Management District a general permitting procedure in Collier County, explaining his reasons for making the request. County Attorney Pickworth explained that the rules of the SFWMD pr'ovide that, upon adoption of a rule by the Distrfct, a general pernlitting authorfty can bE' granted to the counties \~;thin the District for the grantfng of surface water management permits. He outlined the procedure which the Dfstrict must follow to provide for this authority and reviewed the steps which have prevfously been taken in this regard. Following brief discussion, Conlnissioner Archer moved that the Chairman be authorized to sign a letter, to be drafted by Attorney Pfckworth, to the District adViSing that the llOdt'd is in favor of the proposal. The motion was seconded by Co':rniss;OnCI" Pistor and unanimously carried 4/0 with COl11l1issfoner Wenzel not present. * * * * * * * * * * * * * * * * * RECESS: 11:55 A.M. until 1:30 P.M. at whfch time Deputy Clerk Brenneman was replaced by Deputy Clerk Swindle. * * * * * * * * * * * * * * * * * ~ July 10. 1979 REQUEST BY KREHLING INDUSTRIES TO ESTABLISH A CONCRETE BATCHING PLANT AT THE INTERESECTIr~ OF SR-951 AND CR-95' NORTH OF MARCO BRIDGE . APPROVED. ONE YEAR TEMPORARY PERMIT TO BE ISSUED WITH PETITIONER TO APPLY FOR A RENEWAL AT THE APPROPRIATE TIME THROUGH THE ZONING DEPARTMENT Zoning Director Carl Clemmer presented the request by Krehling Industrfes for a three (3) year permft fn order to estabflsh a concrete batchfng plant at the intI section of SR-951 and CR-952. Mr. Clemmer stated that the request is not being mac by the developer/sponsor (Dcltona) but rather fs befng requested by Krehlfng Indus: and beciluse of thi~ ilnd the fact thilt the requested permit is for a period of threE (3) years. he felt it should come before the BOftrd. r.ommi'~ioner P1stor spoke in oppcsition to this particular location for the proposed concrete batchina plant, saying Mr. Apthorp of Deltona had, durfng conversatfons wfth hfm, suggested another area for the project as befng Route 92. Commissfoner Pistor voiced concern about t heavy trucks traveling on the already congested Isle of Caprf Road and CR-952, th~ only entrance road to Isle of Capri itself. At ~his time Mr. Tom Peek, representir the petitioner, stated he had been asked by Krehlfng Industries to "look at the site" and ~'.Jke a determination if it were usable for the purpose indic.:.ted. Mr. Peek said that Krehling Industries provide four (4) hundred cubic yards (more or less) of ccncretc per day to the development of Marco Island and this material is currcntly being tr<lnsported from the North Naples plant to ~Iarco Island for distribution. It was for the purpose of loc4tfng the plant and materials clos:r to the point of use and distribution that the request for the proposed project is made, he continued. The zoning regulations permit such a temporary use of this sort which ~:r. Peek identified as Section 16 of the regulations and stated that the physic,ll location contains four (4) acres (more or less) (the old r-rarco dump site) and is located northwest of what was the road to the Isles of Capri _ this road having been discontinued since the construction of the new road to the Isles of Capri. ~'r. Peek stated that 211 acres would be used for the batch plant site and that all the OER and Water Management requirements would be complied with _ making a minimal impact on the environmental areas. He also reviewed the savings in terms of gasoline/diesel fuel - approximately 200,000 gallons a year and perhaps as much as 50% of truck traffic trips. Mr. Peek concluded with the statement that this use of the physical area would fall within the zoning regulations. ~u~~ 047 r~,~, 23,.. ^jl .. \:I,,~:, ~ 7 rF.GE1S8 July 10. 1979 DL 'ussion followed which covered the possibility of using a location on U.S. 41. the only other temporary batch plant permit having been issued by the Board as that one for Ashland Oil located in North Naples. the suggestion that a rezoning petftion be requested rather than the temporary permit; no industrial waste to come from the proposed plant. the construction of a 45' cement silo and a 25' hopper as part of the project. the closest residence being more than three- quarters of a mile away from the plant; the fact that the plant wfll be placed behind heavy vegetation and in excess of 600 feet into the parcel of land; Dr. Spagna's objection to the plant being fn exfstence for more than 1 year as no doubt it will be. the amount of fnvestment by Krehlfng Industries _ $250,000; County Attorney's suggestion that the company get the avaflable temporary permit for one (1) )'Clar because the three (3) year permit that fs requested cannot be dor and review of the purpose as being one to servfce Deltona. At this time, COrTlTlissioner Wimer moved, seconded by Commissioner Archer and cat"ried 311 with CL"Tlmissioner Pistor dissenting and Commiui"~er !.Jenzel absent, to issue a temporary one-year permit so that Krehling Industries can establish a concrete batching plant at the interesection of SR-951 and CR-952. County Attorney Pickworth asked that the record show that in his opinfon the recommendation for the issuance of a three (3) year permit for such a project is not right; that this situation is not covered in the ordinance and the Zoning Director could have issued a one (1) year temporary permit without having to come before the Board. Following Chairman Brown's statement that this was not a public hearing. he asked ii there were any persons wishing to address the subject. The followfng residents of Isles of Capri spoke in opposition to the batching plant being locatel in this physical lOCution: Ms. Endros Ms. Helen Boso Mr. Joseph A. Podesta Ms. Florence Bayers In addition, Mr. Steven Martin, representing Collier County Conservancy, statE the Conserv~ncy had not been notified and, as their representative. he aSKed that the hearing be postponed. Mr. Martin said it was the consensus of the Conservancy July 10, 1979 that such. plant may cause ~nne~~ssary damage to the surrounding bays. Chairman Brown responded that the DER had given thfs request its approval and that the Board had taken actfon earlier fn the meetfr j. VACATION OF R-O-W (14TH ST. N.) GORDON RIVER HOMES SUBDIVISION AS REQUESTED BY COLLIER COUNTY CONSERVANCY, INC. AND DEN::IS COMBS - ADVERTISIrlG AUTHORIZED FOR PUBLIC HEARING AUGUST 7. 1979 Commissioner Archer moved. seconded ~I Comrnfssfoner Pistor and carried unanimously 4/0. with Commissioner Wenzel not present, that the request for vacation of the northerly 135' of a 60' right-of-way (14th St. N.) located in Gordon River Homes Subdivision by Collier County Conservancy, Inc. and Dennis Combs be dJthorized for advertising for p~blfc hearing August 7, 1979. PETITION R-i3-14-C, ROBERT SHARP, REQUEST FOR REZONING ON THE EAST SIDE OF AIRPOR ROAD-1iORT!l-9J~.~M~A RQ~~_~PVERTISrNG AUT.~ORIZEO FOR PUBLIC HEAR~NG AUGUST 21, l~ Commissioner Archer moved, seconded by Commfssfoner Pistor and carried unan~mol(sl~.. ~/O with Commissioner \oJenzel rot present, that Petftfon R-79-14C by Robert Sharp requesting rezoning from "A" and "A-ST" Agriculture and Special Treatment ~o "PC" and "PC-ST" Professiona~ Commercfal and Special Treatment for property 1 C1cHed in the 5') & N'1 of N\olll of SEla of Section 12, Township 49 South, Range 26 East, on the east side of Airport Road north of YMCA Road. be authorized for advertising for public hearing August 2t, 1979. PETITION R-:9-15C, POST, BUCKLEY, SCHUH & JERNIGAN REQUEST FOR REZONING ON NORTH SIDE OF WIGjINS PASS ROAD NEAR ENTRANCE TO GULF HARBOR SUBDIVISION _ ADVERTISING AUTHORIZED ~OR PUB~~C HEARING AUGU~, ~979 Commissioner Archer moved, seconded by Commfssfoner Pis~ar and carried unanimously 4/0 with Commissioner Wenzel not present, that Petition R-79-15C by Post, Buckley, Schuh & Jernigan, requesting rezoning from "A" Agriculture to "RM-: Single and Multifamily for property located fn the NE~ of Section 16, Township 48 South, Range 25 East, on the north side of Wiggins Pass Road near t~e entrance to Gulf Harbor Subdivision, be authorized for advertfsfng for public hearing August 21, 1979. ~cc~ 047 r~Sf 289 llECO.lDQ'S. IWIot I.etiWJity 01 . .~tbtt. 'l'7Pmc.... PriDdq ~tWlIetor1 Ie thlt doeument LI(H;~ on "il~i 240 ... July 10, 1979 PETITION R-79-17-C BY JOHN CONROY, JR. REQUESTING REZONING ON THE SOUTH SIDE OF PINE RIDGE ROAD EAST OF MOOSE CLUB PARKING LOT - ADVERTISING AUTHORIZED FOR PUBLIC HEAR!NG AUGUST J..L... 1979 Commissioner Archer moved, seconded by Commissioner P1stor and carried unanimously 4/0 with Commissfoner Wenzel not present, that Petitfon R-79-17-C by John Conroy, Jr. requesting rezoning from IlRS_41l Single Family to "GRC" General Retail Commercfal of the West 150' of the ~ of the W1 of Lot 51 less the North five feet of Naples Improvement Co. Little Farms, on the South side of Pine Ridge Road East of Moose Club parking lot, be author1zed for advertising for public hearing August 21, 1979. PETITION V-79-13C, TARPON VILLAGE APART;~ENT CONDOMINlUl~ ASSOC. II/C. REQUESTING WAI OF FRONT YARD SETBACK ON ISLES OF CAPRI. LOTS 513 THROUGH 529 - ADVERTISING AUTHOR FOR PUBLIC HEARING AUGUST 7, 1979 Co~nissioner Archer moved, seconded by Commfssioner Pfstor and carried unanimously 4/0 with Commissioner Wenzel not present, that Petition V-79-13-C by Tarpon Village Apartment Condominium Associatfon, Inc. requesting a waiver of the fron t Yil rLi setback to all OI\' the cons tructi on of a carport on the i r south property line on Isles of Capri, Lots 513 through 529, be authqrfzed for advertiSing for ~~~lic hearing August 7, 1979. PETITION R-79-8-I. W. ROY AND BETTY JOHNSON REQUESTING A REZONING FRm "I-SF-2" TO "I-r'IF-2" FOR A 17 ACRE PARCEL OF LAND IN SECTION 32, T465, R29E, IMV,OKALEE _ ADVERTISING AUTHORIZED FOR PUBLIC HEARING AUGUST 211 J1lP__________ Co~nissioner Archer moved. seconded by Commissioner Pistor and carried unanimously 4/0 \~ith Corrrnissioner Wenzel not present, that Petition P.-i9-8-1 by W. Roy and Betty Johnson requesting a rezoning from "I-SF-2" to "I-r1F-2" for a 17 acre parcel of land in Section 32, Township 46 South, Range 29 East, Irrrnokalee be authorized for advertising for public hearing August 21, 1979. PETITION IZ-79-3-I, At'lENDING ORDINANCE NO. 74-15, TlfE ZONING REGULATIONS APPLICABU TO THE IMMOKALEE AREA PLANNING DISTRICT BY CHANGING SECTION 11.9, PARAGRAPH 2.A OF FE "I-folHSD" DISTRICT - ADVERTISINli AUTHORIZED FOR PUBLIC HEARING at! AUGUST 21, 19; Commissioner Archer moved, seconded by Commissfoner Pistor and carried unanimously 4/0 with Commissioner Wenzel not present, that Petition IZ-79-3-I, amending Ordinance No. 74-15. the zoning regulations applicable to the Immokalee Area Planning District by changing Section 11.9. Paragraph 2.A, of the "I-MHSD" District, be authorized for advertising of public hearing on August 21. 1979. July 10, 1979 REQUEST FOR VACATION OF A 10 FOOT UTILITY EASEMENT AND THE ACCEPTANCE OF AN ALTERNATE 10 FOOT UTILITY EASEMENT IN BLOCK O. PALM RIVER ESTATES, UNIT 7, BY WEST FLORIDft INVESTMENT, INC. . Al'VERTISING AUTHORIZED FOR PUBLIC HEARING JULY 31, 1979 Commissioner Archer moved, seconded by Commissioner P1stor and carried unanimously 4/0 with Commissfoner Wenzel not present, that the request for vacation of a 10 foot utility easement and the acceptance of an alternate 10 foot utility easement in Block D, Palm River Estates. Unit 7, by West Florida Investment, Tnc. he authorizcc1 for advcrtfsing for pUblic hearing on July 31, 1979. HELICOPTER IJSAGE FO~FIC EMERGE~CY ArlO FLIGHT TMINtNG PROGMM - ^PPROVEt? r.fvil nt'f",",:" nirflrl'nr Rill WA1I(l'r prl"o:pnt.prl t.1l1> fnllnwfng lJ'lilgPO: nf t.hp. County's two helicopter~, stating that thp usages come wfth both his and the County Man~ger's reconrnendations: 1. C~ntlnuc training of Mosquito Control pilots. Fuel costs to be paid for by the District. Estimated tfme requested 50 hours in the Sell 47. This will save the District thousands of dollars in taxpayers' money. 2. ?i If\t instr'.Jction for Carol ine Greenstein. Estimated 30 hours flight time in the Bell 47. This will provide a back-up pilot under the ace and not disrupt the Sheriff's Dept. schedule when one i s n~ede,j. 3. t.1a intenance "check fl ights". After overhaul or replacement of any component, it is customary to test fly the aircraft for air- worthiness. This involves both helicopters and flight time is minimal. It assures readiness of the aircraft if needed in an emergency. 4. Routine "exercise" flights. If the helicopter has not been used fer a week (7 days). and in order to assure readfness in an e~ergency, it is desirable to fly it at least this often. This applies to both helicopters, and needs to be long enough to assure complete warm up of the engine, circulation of lubricants, and to keep the batteries fully charged. Provides opportunity to check comnunications equipment on board. Total tim~ required 30 minutes per week per helicopter. Commissioner Wimer inquired of Mr. Walker why local qualifed helicopter pilots were not chosen to fill the vacancy that has been created instead of using taxpayer: money for flight Instructions as suggested in the above recommendations. Follo\~ing discussion, Commissioner Archer moved, seconded by Commissioner Pistor and carried 3/1 with Comnissioner Wimer dissenting and Commissioner Wenzel not present, that tl recommended helicopter usage for specific emergency and flight training program be approved. Commissioner Wimer asked that the record reflect his opposition to the p' training aspect of the recommended usages and his approval of the "check flight doli t!loen.. i:)t!. il iyill.:) "". ~c:~ 047 r-AGE 241 . It" t .. c:~~~ 04-7 ;:.~r242. July 10, 1979 COUNTY MAN~~ER AUTHORIZED TO =AN~EL CONTRACTS FOR SERVICES NO LONGER NEEDED WITH THE EAST NAPLES AND. .NORTH NAPLES FIRE CONTROL DISTRICTS County Manager Norman stated that it has come to his attentfon that two on-going contracts with automatic renewal c1auses for services rendered to the Isles of Capri area by the East Naples Ffre Department, and to a portion of Fire Control District #1 by the North Nap1es Ffre Department, are no 10nger needed. Both of these areas are now removed from Fire Control Dfstrict #1. Mr. Norman said he has notified the Ffre Department in accordance with the terms of the contracts and it is for ratiffcation of thfs actfon that he brings the matter before the Board. Commissioner Wimer moved, seconded by Commissioner Archer and carrfed unanimously 4/0 with Commissioner Wenzel not present, that the Board concurs with the County Manager's action of cancelling contracts for services no longer needed with the East naples and North Naples Fire Control Districts. IrtTERVIEWS FOR SELECTION OF MANAGEMENT CONSULTANTS FOR COUNTY OFFICE 9UILDING FACE rLANNJf/C~-1Q...BJ_ HELD ON JULY 24, 1979 DURING WOR!(SHOP SESSION AT 1:30 P.M. Commissioner Archer moved, seconded by Commissioner Pistor and carried unanimously 4/0 with Co~nissioner Wenzel not present, that the interv1ews for the selection of a man~gement consultant for the County Office Building Space Planning be held on July 24, 1979 during the workshop session at 1:30 P.M. The following three firms will be present: Theodor Barry and Assocfates, Atlanta C"':'lsap, r.1cCcrmick and Paget, Inc., Washfngton. D.C. Dearney Management Consultants, Atlanta PROPOSAL TO RETAIN CONSULTANT TO REVIEW EMERGENCY MEDICAL SERVICE NEEDS OF COLLIEr COUNTY - REJECTED - FISCAL OFFICER AND COUNTY MANAGER AUTHORIZED TO DRAFT NEW CON. TAACT FOR AnERICAN N18ULMICE TO It/CLUDE ALL REQUIREMENTS NECESSARY FOR COI~PLIANCE WITH THE ACCOUNTLtlG _U~l~~'.~l!..OJ:!.LQf:_.JIIE STATE OF FLOJtl.P..~ County Manager Norman presented the proposal to retain a consultant to revie\ the emergency medical service needs of Collier County as the four-year Ambulance/I Service/Subsidy A9reement with American Ambulance, Inc. to provide pre-hospital ambulance service to the County expires on December 16. 1979. He said there is nl provision in the current contract for its renewal or for extending it for a short term period so, at the very latest, a decision needs to be made by October 1, 197! July 10, 1979 whether or not the contract is gOing to be re-negotiated. It was Mr. florman's ~pinion that invaluable informat:on could be obtained from efther of the two consultant firms: Dunlap & Associates, Inc., Oarien Conn. and/or Mr. Garry Brieses, Executive Director of the Florida Chapter, American College of Emergency Physicians, Orlando, Florida. He safd the proposed fees for such services would be no more than $15,000 or less than $10,000. Discussion followed whfch touched upon the above-average emergency medical service the County has received in the pasti the need for a firm contract with American Ambulance which includes those items necessary for compliance with the accounting in:::tructions of the Stdte of Florida, Deputy Cltier Bdrllt!Lt's r'eJJof'L, as a member of the EMS Council, that there have be~n no complaints about the present servicei and the difficulty that has been encountered fn the past with American Ai~julance's accounting system ~Ihich is set up on a cash basis. Commissioner Archer moved, seconded by Commissfoner Pistor and carried unanimously 4/0 ~ith Co~nissioner Wenzel not present, that Fiscal Officer Hall, County ~lal~ager Norman and the E~'S Counci 1 drC!ft a ne\~ contract for American Ambulance \'!'1ir.h will include all requirements that are necessary to be in comrlia' with the accounting instructions of the State of Florida. COUNTY MAN^GER ^ND COUNTY ATTORNEY DIRECTED TO PREPARE All ORDINANCE TO ~lEND THe COLLIER COUi~TY FIRE CONTROL DISTRICT #1 TO INCLUDE THAT PORTIOIl OF GOLDEN GATE ESTATES NOW BEING SERVICED BY THE GOLDEN GATE FIRE CONTROL DISTRICT _ PUBLIC HEARING REGA~DI~9 SAME TD BE SCHEDULED Mr. Tea Thorward, Administrative Afde to the County ~~nager, presented the request to consider means of compensating Golden Gate Fire Control District for services being extended to certain portions of Golden Gate Estates, adding that Fire Chief Dave Reeves, Golden Gate Ffre Control District, had assisted him in this preparation. Mr. Thorward recalled that the Board, at a meeting held March 27. 197Q, had consid~red the proposal to incorporate 10 units of Golden G~te Estates and 6 adjacent County sections into Fire Control District #1, and then to assign this area to Golden Gate Fire Control Dfstrfct as pal.t of the Golden Gate Fire Control District service area. At that time, the Board directed that the proposal be submitted to the Golden Gate Fire Control District Advisory Board, thl " , . ~' . - oO~~ 0f7 rAC~ 143 ,~ ~oo~ OJ..7 r.~::F~ July 10, 1979 Golden Gat€ F1re Association. the Gulden Gate Civic Association and the Golden Gate Estates Civic Association for their recommendations. All but the Golden Gate Estates Civic Association have expressed approval, he reported, and suggested that from comments that have come from the Assocfation.s members their disapproval is because they see no reason to support a tax for a service now being supplied ~lithout charge. Following discussion, Commissioner Archer moved, seconded by Commissioner Pistor and carried unanimously 4/0 with Commissioner Wenzel not present, that the Lounty /1anager and County Attorney prepare an ordinance to amend the Co 11 fer County Fire Control District #1 to include 10 unfts of Golden Gate Estates and 6 adjacent County sections to be followed by a publfc hearing regarding its adoption. COUNTY l-lANAGER AND CDUNTY ATTORNEY DIRECTED TO PREPARE THE NECESSARY QUESTIONS FOR THE OCTOUEP ~Er[RENDUM WHICH WILL INCLUDC THE QUESTION OF WHETHER THE AODITIONAL ~~,I9JVJ!.~LJ...~_9i...H J.~N BE USED FOR THE CONSTRUCTION OF H~J-9.UOADS _ Comissloncr Archer moved, seconded by CommisSioner Pistor and carried unanimously 4/0 with Con~lissioner Wenzel not present, that the County Manager and County Attorney prepare the necessary questions in the form of a ~esolution \~hich will be brought back before the Board and placed on the October 9. 1979 referendum regarding the following items: 1. Question for the additional motor fuel levy of 1~ being used for construction of major roads, including Coastland Boulevard. 2. The implementation of the Naples Park Lighting District 3. The expansion of the Marco Island Ffre Control Dfstrfct and any other such question as the Board may dfrect. CI~IR~lAN AUTHORIZED TO EXECUTE TIlE REQUESTED 110 FOOT WIDE RIGHT-Of-WAY EASEMENT 8Y FLORIDA POWER & LIGHT COMPANY ACROSS THAT PROPERTY LOCATED IN PARCEL 6, SECTION l.h.J.DWtiSHIP 51 SOll.Tli_!_RANGE 26 County Engineer Bnrksdale presented the request by Florida Power & Light Company for a 110 foot wide right-of-way easement across Parcel 6, Section 11. TO\1nship 51 South, Range 26 which is County-owned property and more commonly kno\-m as the "Gran Property", In order to keep up with the growth in Collier County, July 10, 1979 FP&L has requested a new corridor for the bulk power transmfssion between thefr substation::.. Nr. Barksdale conllnued, and they are fn the process of acquiring the transmission rights-of-way approximately 12 miles long (which is from the Golden Gate Substation to their Isles of Caprf SUbstatfon). Thfs routing require the westerly 110' easement along the County-owned property just south of the School Board property. Mr. Barksdale stated thfs request h~d been coordinated with the Parks and Recreation Department and nefther the Engineerfng Department or the Parks Department have any objections. lie concluded that Flordia Power and light Co. is willing to remit to Collier County the amount of $7,000 for the 2.49 acre preposed easement. Ms. Elsie Bafoff of 336 NE 98th St.. Miami. Florida, who had registered to speak, voiced her objection to the proposed ;tatlation and stated her property in Golden G~te Estates had been rezoned from commercial to resfdentfal and if t~ese high voltage power lines are allowed to be installed then the value of her property ~:~ 11 diminish considerably. Ms. Baioff said her residential lot would then have a main highway at one end and the proposed power line at the other which would result in her being unable to use it for a residential purpose. She concluded h(?r remarks I"ith the injustice of having to pay t-3xes for that portion of her 1 and tha t wou 1 d be forfe fted under the proposed purChase by FP&l. Mr. Davenport, representing Florida Power and light Company, made himself available to anSwer any questions that might be forthcoming. His suggestion to Ms. Baioff h'dS that she make sure that she was paid "every dime for the easement" white Cvmissioner Archer sugge~ted that she could file a rezone petition for her piece of land through the Zoning Director. Commissioner Archer moved. seconded by Commissioner Wfmer and carried unanimously 4/0 with Commissioner Wenzel absent, that the Chairman be authorized for execute the 110' wide right-of-way easement requested by Florida Power & Light Company across that property located in Parcel 6, Section 11, Township 51 South. Range 26. .. .. ~C~~ M7 1~,I;,245' .. ~ .. .. .. .. ~CD~ 047 l~GE 248 July 10, 1979 RECORDATIDN OF RIGHT-OF-WAY MAP FOR PEPPER ROAD. IMMO'~LEE - APPROVED .', ~. .. \ Commissioner Wimer moved, seconded by Commissioner Archer and carried unanimously 4/0 with Commissioner Wenzel not present. that the right-of-way map for Pepper Road. Immokalee be accepted for recordation. Note: Map recorded fn Plat Book 12, Page 67. GRANT CONTRACT BETWEEN COLLIER COUNTY, THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AND THE STATE OF FLORIDA OEPARTMENT OF COMMUNITY AFFAIRS FOR "701" CO~lPREHENSIVE PLANNING ASSISTANCE GRANT OF $20,000 APPROVED - FISCAL OFFICER HALL DIRECTED TO PREPARE NECESSARY BUDGET AI~ENDMENT IN THE M40UNT OF $4,500 Commissioner Wimer moved, seconded by Commfssioner Archer and carried unanimously 4/0 with Commissioner Wenzel not present, that the Grant Contract between Collier County, The United States Department of Hou~ing and Urban Develop- ment and the State of Florida Department of Community Affafrs for the "701" Comprehensive Planning Assistance Grant be approved fn the amount of S20,OOD and that Fiscal Officer Hall be authorized to prepare the necessary budget amendment in the amount of $4,500 as a cash match. Note: Complete contract is on file in office of Clerk of the Board. * * * '* '* * '* '* '* '* '* '* '* '* '* '* '* '* '* '* '* '* '* '* " ;.JulYl0, 1979 RESOLUTION 79-102 REQUESTING THE FLORIDA DEPARTMENT OF TRANSPORTATION TO PROCEED INTO PHASE III OF THE COLLIER COUNTY TRANSIT STUDY. ADOPTED Commissfoner Wimer offered the following resolution and moved its adoption, seconded by Commissioner Archer, and upon roll call, the vote was: Ayes: Commissioner Wimer, Commfssfoner Archer, Commissioner Pfstor, and Chairman Brown Nays: tlone Absent and not voting: Commfssfoner Wanzel ... . ... ... ... '" '" ... ... '" * '" '" '" '" ... 11 11 '" * ... ... 11 '" ... '" * ... :!oc~ ~7 I'AGE2S1 u~~~ 047 r't.~t 254 July 10. 197!:1 BID #358 - AIRBOAT WITH TRAILER FOR THE AQUATIC WEED CONTROL DEPARTMENT AWARDED TO AMERICAN INTERNATIONAL AIRBOAT, INC. IN THE AMOUNT OF S6,295.00 Legal notice having been published in the Naples Daily News on May 29, 1979 and May 31. 1979 as evidenced by Affidavft of Publfcat10n ffled with the Clerk, bids were received until 2:30 p.r1. on June 20. 1979 for an airboat with trailer for the Aquatic Weed Control Department. Commissioner Wimer moved, seconded by Commissioner Pistor and carried unanimously 4/0 with Commissioner Wenzel not present. that Bfd 6358 for an ilirbo1lt with trililpr for thf.> Ar'Jw1tir WF;l()d Control O'!J'lartment hI' ilwilrrl",rl to American International Afrboat, Inc. fn the amount of $6,295.00 as contafned in the recommendation of the Bid Review Conmittee and that the :hafrman and the Clerk be authorized to sign and attest the resultfng Agreement. BID #360 - CO~:~lUNICATION EQUIPMENT FOR THE BUILDING DEPARTMENT AND THE m.fOKALEE .510p:ADE - AWABP1Q..lQ._QENERA.l ELECTRIC CORP. IN T..IiLh!iOUNT OL$6,442.00 legal notice having been publiShed in the Naples Dafly News on ~ay 29, 1979 and ~lay 31, 1979 as evidenc~d by Affidavits of Publfcatfon filed with the Clerk. bid5 were received until 2:30 P.M. on June 20, 1979 for cOrTInunication equipment for the Building Department and the Immokalee Stockade. Conrnissioner 1~lmer moved, seconded by Commissioner Pfstor and carried undnimously 4/0 with Commissioner Wenzel absent, that Bfd #360 for cc~~unication equipment for the Building Department and the Immokalee Stockade be a.'/arded to Ganeral Electric Corporation in the amount of $6,442.00 as contained in the recoiTrnendation of the Bid Review Committee and that the Chafnnan and the Clerk be authorized to sign and attest the resulting Agreement. BID 1.1361 - FULL EI.E'It,TOR ~!^rr/TGIMlCE SERVICE AW1U^L COlITRACT _ A~JARDED TO J!~::'1:.5 UN J VER_SAL__~ TOR..I.-LN..C.:..ll!. THE AMOUNT $295 t'IONTHL y IJ~.) 450 AN~!UAlL y Legal notice having been publ ished In the Naples Daily :..ws on June 8, 1979 and June II, 1979 as evidenced by Affidavits of Publication filed with the Clerk. bids were received until 2:30 P.M. on June 20. 1979 for full elevator maintenance services for the four (4) elevators located at the County Courthouse complex. Na~les, Florida. July 10, 1979 Commissioner Wimer moved, seconded by Commfssioner Pistor and carrfed unanimouSly 4/0 wfth Commissioner Wenzel absent, that Bid #361 for Full Elevator Maintenance Service Annual Contract be awarded to Naples Universal Elevator, Inc. ~ in the amount of $295 monthly/$3~0 annually as contained fn the recommendation of the Bid Review Committee and the Chafrman and the Clerk be authorfzed to sign and attest the resulting Agreement. BID 62 ~ PRINTItlG OF TECIINICAL REPORT MID COf1PREHENSIVE PLAN - AWARDED TO REDCAY PRINi LNG IN THE AMOUNT OF $5,846 FOR QUAI:TITIES OF 100 AND 250 Legal notice havfng been published in the Naples Daily News on June 12, 1979 dnd June 14, 1979 as evidenced by Affidavits of Publication filed with the Clerk, bids were received until 2:30 P.M. on July 3, 1979 for the ~rintfng of the "Technical Peport" and the "Comprehensive Plan". Conmissioller' Wimcr moved, seconded by Commfssfoner Pfstor and carried 3/1 with Commissioner Archcr dissenting and Commissioner Wenzel absent, that Bid #362 for the pl-ir.ting of the "TechnIcal Report" and the "Comprehensive Plan" be awarded to Redcay Printing in the amount of $5,846 for quotation of 100 and 250 as contain2c in the recommendation of the Bid Review Committee and that the Chairman and the Cl,1rk be authorized to sign and attest the resulting Agreement. BID .~ 357 - SUBSTITUTION OF VEHICLES ORIGINALLY AWARDED TO BOB T,WLOR CHEVROLET UNDER THIS 610 (BOS TAYLOR CHEVROLET UNABLE TO PROVIDE REQUESTED VEHICLES) AWARDED TO NORTHSICE LINCOLN-j'IERCURY IN THE Af.tOUNT OF $8,200 AND TO TAMIAMI FORD IN THE AHOUNT qL~...1243 Legal requirements having been wai~ed for the original awarding of this bid to Bob Taylor Chevr01et and because of the unavailability of Bob Taylor Chevrolet to deliver the original vehicles, Commissfoner Wimer moved, seconded by Commissioner Pistor and carried unanimously 4/0 with Commissioner Wenzel absent, that Bid #357 be reawarded to Northside Lincoln-Mercury for two (2) Honda Civic Sedans in the amount of $8,200 and to Tamiami Ford for one (1) Pinto Sedan in the amount of $4,243 and that the Chairman and the Clerk be authorized to sign and attest the resulting Agreement. ~~~. nj"', ~I:= I)~ "wW" .,.." I".,~ ~ ' . I ~oc~ ()4.7 rAcf256 JUly 10, 1979 ISSUANCE OF FXCAVATION PERMIT FOR T^LL PINES SUBDIVISION - APPROVED WITH ST IPULATIONS Commissioner Wimer moved, seconded by Commissioner Atcher and carried unanimously 4/0 with Commissioner Wenzel absent, that the issuance of an excavation permit for the Tall Pines Subdivisfon which is located east of Airport Road and just north of Barron Collier High School property, be approved with the following stipulations: 1. That all applicable provisions of County Ordfnance 73-12 be adhered to. 2. That a Performance Bond in the amount of $25,000 bp. posted with Collier County prior to the issuance of the excavation pennit. 3. That an Excavation Permit foe in the amount of $236 be paid to Co11 ier County prior to the issuance of an excavatfor. permit. 4. ThJt the applicant will comply with any new admfnistrative requirements \~l1ich become a part of the revised Excavation OrJinance. ISSUANCE OF ruo 12 1/4 INCH I'IATER WELL PERMIlS FOR EXXON CDRPORATTON - APPROVm !~IT.tj STI.t:..ULATrONS Commissioner I'iimer moved, seconded by Commissioner Pistor and carried unanimously 4/0 with Commissioner Wenzel absent, that the issuance of two (2) 12 In inch water \'I€l1 permits, as requested by Exxon Corporation, located in Section 14, Township 49 South, Range 30 East, which fs approximately 31~ miles north cf Alligator Alley and approximately 3 miles east of SR-29 be approved with the following stipulations: 1. Tha t a copy of the drill er IS 109 for each well be submi tted to the Utility Director. 2. That a copy of the water analysis regarding water quality for each \~e11 be submitted to the Util ity Director. 3. That the wells be ~apped and plugged upon abandonment of the oil exploratJon l'lork in thi$ location, lInless 11 nc\'/ p..:rrnit is appl'oved. 4. That the construction of the drilling pad and the improvement to the existing entrance road to the drilling site, does not interfere with the drainage pattern of the area. ISSUANCE OF TWO (2) WATER WELL PERMITS FOR GULF COAST FARMS - APPROVED WITH S T I ~.~k.A TI ONS Commissioner Himer moved. seconded by COlllllissioner Pistor and carriC!d unanimously 4/0 with Commissioner Wenzel absent. that the issuance of two (2) July. 10, 1979 water well permits - one water well to be 8 inch and one water well to be 4 inch - as requested by Gulf Coast ~arms and being located in Sectfon 8, Townshfp 48 South, Range 26 East, whfch is approximately 3 miles east of U.S. 41, 2 miles north of Inmokalee Road and just south of the Lee County line, be approved wfth the fOllowing stipulations: 1. That a copy of the driller's log for each well be submitted to the Utility Director. 2. That a copy of the l'later anlllysis regarding I~atp.r quality for each well be submitted to the utility Director. 3. That d copy of all testing datJ bo ~ubm1tted to the Utility Director. 4. That upon completion of the tes:fng and observation program, these wells be capped and plU9;~d. AGREEr~ENj 3:iWEEN SOUTH FLORIDA I~ATER r'1A~:;'GEHEfjT DISTRICT AND THE COUNTY RE HATER CONT~i~~I~lYRES~ENANCE - CONTINUEJ FOR ONE WEEK Utf1it, Director Berzon stated this item is being contfnued because of the changes th~c th~ South Florida Water Management District wants to incorporate into the p~'Jposed agreement and that the document will be ready for the meeting of July Ii, 1979. SALE OF COU~HY r.1APS, AND OTHER REPRODUC ISL.E DOCU~lENTS TO OTHER GOVERW1ENTAL AGENC rES AT THE COST OF RErRQQ.l&Il91~~@JB,g.J~.IAL.$ _ APPROVE.p_ Conmissionel' P.rcher moved, seconded ';;y Commissfoner Wimer and carried unanimously 4/0 with Commissioner Wenzel absent, that the sale of County-produced maps, surveys and other related informc~:iol1 to other governmental agencies, upon their request, at the County'S cost for reproduction, including materials, be approved. C!TY /COUNTY WATER AGREEMENT ADDENDUM NO. 2 TO PERMIT FURTHER ADDITION OF A MASTER MEiER CONNECTION - APPROVED Commissioner Wimer moved, seconded by Commissioner Archer and carried unanimously 4/0 with Conmissioner Wenzel absent, that the Modificatfon to the City/County Water Agreement. with the follol~ing recommendations, be approved: 1. Authorize an additional master meter location at the Eastern end of Estey Avenue. 2. That the terms of the City/County Agreement of October 16, 1977, with the excep~ion of master meter locations, shall remain in effect in all respects and remain unchanged. ~c~~ 047 r},C~281 , UCOllDlR'S,MBIIOt, LepbWty ", ,"""".. ,.."",,,. ".. "..,,,,,,,. ~c~^ ~7 ~Cf26B " July 10. 1979 and the Chairman be authorized to ~ign the modff1cation and transmit it to the City of Naples for action by the Cfty Council. .. .. .. * * * * .. * * * .. * * * * * * * * * * * * * * * * * * July 10, 1979 EMERGENCY ORDINANCE NO. 79-50 AMENDWG ORDINANCE 78-8 REGARDING METERS AND TAPPING CHARGES UNDER THE COUNTY WATER/S2wER OISTRICT - ADOPTEO Utility Director Berzon explained the need for the adoptfon of an emergency ordinance which would provide for the recovery of extraordinary costs encountered fn the installation of water meters fn locations where unusual construction conditions are encountered but stated all exfstin9 condftfons. charges and fees contained in Ordinance 73-8 will remain fn effect except that Section 3, P,1r<lgr<1flh A of the document \i:1ich this emergency ordfnance will amend to provide for a means to recover the above-referenced costs when such occur. Commissioner Hirner moved that an err:!rgcncy be declared and that the Emergency Ordinance as numbered and titl!j below be adop~ed and entered into Ordinance ~jok No.9. Commfssloner Pistcr seconded the motfon and it was carried un;nimously. ORDIN':'~;CE NO. 79-~ AN EMERGENCY ORDINANCE AMENDING ORDINANCE 78-8, PROVIDING FOR METER TAPPING CHARGES AND PROVIDING FOR SPECIAL CHARGES FOR METER INSTALLA- TIONS WHERE UNUSUAL OR EXTRAORDI- NARY SOIL COND/iIONS OR GROUND WA- TER LEVELS AND CONDITIONS OR ACCESS- IBILITY RESTRICTI.::>NS ARE ENCOUNTERED IN MAKING WATER ~.lETER INSTALLATIONS; DECLARING THE EXISTANCE OF AN Ei.1ER- CENCY AND PRO'/IDING AN EFFECTIVE DATE. ~cc, 0(1 i'~~~ 261 I JU:CoJU)EJl'S, MEMO. LeclW1it .. ........ 'J)pla," ... Prlatha ."~ae'ol'1 1D. thJa. doeameD when tftel\lWld. . . . , '> r . ~., ~cc'~ 047 fAGf2.6Z, July 10. 1979 BrD '359 AWARDED TO G4LLMAN PONTIAC IN THE AMOUNT OF $10,241.96 FOR TWO (2) PICK-UP TRUCK~ FOR THE COUNTY WATER DEPARTMENT Legal notice having been published in the Naples Oafly News on May 29, 1979 and May 31, 1979 as evidenced by Affidavits of Publication filed wfth the Clerk. bids were received until 2:30 P.M. on June 20, 1979 for two (2) pick-up trucks for the County Water Department. Commissioner Wimer moved, seconded by Commissioner Archer and carried unanimously 4/0 wfth Commissfoner Wenzel absent, that Bid 1359 for two (2) pick-up trucks to be used by the County Water Department be awarded to Gallman PnntiRC in the amount of $10,241.96 as contained in the recommendatfon of the Bid Review Comnittee and that the Chairman dnd the Clerk be authorfzed to sign and attest the resulting Agreement. rAYi'lE~I-OF RO~TINE BILLS - AUTHORIZED Following Fiscal Officer Harold Hall's statement that the bills being presented for approval of payment have been prepared following established pl'ocedures and thilt funds are available. Corrrnissioll(l,' \/imer moved, seconded by Commissioner Archer and carried unanimously 4/0 wfth Commissioner ~enzel absent. that the bills be approved for payment as witnessed by the following Wlrrants issued from June 13. 1979 to July 10, 1979. Account 'Chock No. BCC Payroll CETA Bce PllyrClll 60890 -"'61386 1246 - 2098 7963 - 8870 29 - 45 24 , 2S ," 12 , 13 2 Countx Warrants Genoral Fund Road & Bridge 12 Interest & Sinking Golden Gate Construction Golden'Gate I , S 6 , 7 Collier County Fire Oist. 7 , B ~c:~ 0+7 fAGE Z64- July Ip.1979 . . QUARTERLY PPYMENT TO SOUTHWEST FLOnIDA REGIONAL PLANNING COUNCIL FOR THE PERIOD JULY 1, 1979 THROUGH SEPTEMBER 30, 1979 - APPROVED Commissioner Wimer moved, seconded by Commissioner Archer and carried unanimously 4/0 with Cwmmissioner Wenzel absent, that the quarter1y payment to the Southwest Florida Regional Plannfng Council for the perfod July 1, 1979 through September 30. 1979, be approved for payment. BUDGET ANEND~'ENT 79-102 FOR LIBRARY HEADQUARTERS TO TRANSFER FUNDS TO REPLACE COST OF C~OG CARD KITS IN THE AMOUNT OF $550 - ADOPTED Commissfoner Pistor moved, seconded by Commissioner Wfmer and tarried unanimously 4/0 with COfmlissioner l.Jenze1 absent. that BudyeL A/IIl;!l1l.Jrnent 79-102 in the nmount of $650 re transfer funds to replace cost of catalog card kits to facilitate invoicing and payment for the Library Headquarters. be adopted. * * * * * * * * * * * * * * * * * * * * * * * "", . "I ~cc~ 047 (ohGtU)6 July 10 t 1$79 &UDGET AMENUMENT 79-103 FOR LIBRA~Y HEADQUARTERS TO TRANSFER FUNDS TO PURCHASE BOOKS - ADOPTED IN THE AMOUNT OF $4.600 Comr,:issioner Wimer moved, seconded by Commissioner Archer and carried unanfmously 4/0 with Commissioner Wenzel absent. that Budget Amendment 79-103 in the amount of $4,600 re transfer of funds to purchase books for Lfbrary Headquarters, be adopted. . * * . * * * * * * * * * * .. . * .. * * * * * .. * . , ,.., \ .,,~ '" ," t'\i~' 047 ('jM.W8 BUDGET AMENnMENT 79-104 TO TRANSFER FUNDS TO COVER INCREASE IN COST OF MATERIALS AND TO PURCHASE EQUIPMENT FOR THE MUSEUM - ADOPTED IN THE AMOUNT OF $390 Commissioner Archer moved. seconded by Commissioner P1stor and carried unanimously 4/0 with Commfss1oner Wenzel absent, that Budget Amendment 79-104 in the amount of $390 re transfer of funds to cover increase fn cost of materfals and to purchase equipment for the Museum. be adopted. '* '* '* '* '* '* '* * " * '* '* '* * '* * * '* '* * * '* '* * * * ~:~,'. 0..(.7 fA~EZ70 July 10. 1979 BUDGET AHE~JMENT 79-105 TRANSfER~ING FUNDS TO COVER COST OF EMERGENCY PURCHASE OF SEWER MACHINE FOR THE BUILDING MAINTENANCE DEPARTMENT . ADOPTED IN THE Ar~OUNT OF $396 Commissioner Archer moved, seconded by Commissioner Pistor and carried unanimously 4/0 wfth Commissfoner Wenzel absent. that Budget Amendment 79-105 in the amount of $396 transferring funds to cover the emergency purchase of sewer machines for the Building Maintenance Department. be adopted. * * * ." ." * * ." * ." * ." ." .. . * ." * ." ." ." * . . * . * ." " , , .. t';..;..'. I\A '7 '" r~ 'Y"YJ V"f r I"t '-, ",. July 10, 1979 CLERK REAGAN ~~THORI2ED TO PAY TRAV~L EXPENSE IN ACCORDANCE WITH REVISED MAXIMUM RATES EFFECTIVE JULY I, 1979 Clerk Reagan explained that the Florfda Statutes 113.06(G) have been revis~d, effective July 1, 1979, modifying rates of per diem and subsfstence allowance regarding travel expenses and gave the fo11owfng rates as being effectfve currently: Rate Per Diem Breakfast Lunch Dinner r~aximum Prior to 7/1179 $35.00 2.00 2.50 5.00 Maximum Effective 7/1179 $40.0D 2.50 3.~O 6.00 Comnlissioner Archer moved, seconded by Commfssioner Pistor and carried unanimously 4/0 with Commissioner Wenzel absent, that the Clerk be authorized to pay travel expenses in accordance with revised maximum rates effer.tive July I, 1979. BUDGETS FROM INDEPENDENT FIRE CONTRDL DISTRICTS or BIG CORKSCREW ISLAND FIRE CONTROL: ISLES OF CAPRJ FIRE CONTROL: EAST NAPLES FIRE CONTROL AND NORTH NA~~ES FIRE CONTROL DISIRICT SUBMITTED AND ACCEPTED FOR THE RECORD Clerk Reagan asked that the record show the following independent fire contrul districts have submitted their budgets according to the Statut:.;ry requirements and are on file in the Clerk of the Board's office. Big Corkscrew Island Fire Control Isles of Capri Fire Control East Naples Fire Control North Naples Fire Control g~o LIf1ITATION ON TRAVEL DETERfHNED TO APPLY SOLEY TO EXPENDITURE OF COUNTY FUNDS In order to clarify a ResolutIon adopted by the Board of County Commissioners on December 13, 1977 ,.,hi eh governs the approval of travel requests by vari ous members of the Board and the Board's staff, Commissioner Wimer moved, seconded by Conrnissioner Pistor and carried unanimously 4/0 with Commissioner Wenzel absent, that those authorized persons could approve travel monies up to $350 - this sum being applicable only to County funds. July 10, 1979 AFTER-THE-FACT SIGNING OF LETTER TO THE FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES REGARDrNG COUNTY'S CERTIFICATE OF NEED NO. 890 BY CHAIRMAN BROWN - AUTHORIZED Commissioner Archer moved, seconded by Commfssioner Pistor and carrfed unanimously 4/0 with Commissioner Wenzel a~sent, that authorization for the after-the-fact signing of a letter by Chairman Brown to the Florida Department of Health and Rehabilitative Services re~!rding a Certfficate of Need No. 890 issued to the County on July 19, 1978, b, approved. Administrative Afde Mary Morgan stated that thl! ~",id C~rtiffciltc:! c~ :Ieed No. 890 had nover been implemented by the County and that the federal 9over~-!nt had awarded the referenced grant to Colt ier Health Services, Inc., a non-~rofft organizatfon. She further explained the subject letter had containe: such information for Mr. Herbert E. Straughn, Fiorida Department of Health ar.1 rtehabilftative Services, Tallahassee, Florida. STAFF DIR~C-~D TO STUDY PERSONNEL POLICY ~E ACCUMULATION OF VACATION HOURS FROM 240 HOURS 7:: 360 HOURS AND BRING BACK iO -:-:~c: BOARD - EIGHT EMPLOYEES NOW ^FFECTED BY THIS L ::'; TATION TO SEGIN TO ACCUMULA7:: '!ACATION HOURS TO THE MAXIMUM OF 360 HDU! In response to a letter from Utility Director Berzon to the Board of County Corrvnissio~C:I'S concenling the limiting fac,,;or presently intergrated in the County's r~rsnnnr.l Poi icy regdrdll19 the accumuIati:n of only 240 hours of vacation, COl11Tliss Archer mov';G. seconded by Corrrni ss ioner :';i,-~r and carried unan imous ly 4/0 with Commissioner' Ilenzel absent. that the Sta;"f be directed to study that Section of the Personn=l Policy that limits the acc;;:-,ulation by an employee to 240 hours of annual leave 3nd determine if an increasQ to 360 hours would be feasible. At the conclusion of such a study, Staff is to trfng back to the Board their findings. Ir the meantime. Com.11issloner Archer asked ';;,It the motion include continued accumuLlt from 240 hours for those eight employees indicated in Mr. Berzon's request letter to begin immediately. Commissioner Wimer concurred and no objection was offered. COUNTY MANAGER AUTHORIZED TO RENEGOTIATE THE CONTRACT WITH ISI FOR AN ADDITIONAL QllE YEAR PER~Q.___ Commiss ioner Wimer moved, seconded ':j Cormlissioner Pistor. that the County r1anager enter into contract negotiations '>lith International Systems. Inc. for an ddditional one-year period. At this ti~~. Chairman Brown dissented and stated that ',.. ~CQ~ t\A'7 "'r~ 'Y73 ~ In'."', ,-.,. 1lEC01D1B'S,MBlfO,; LecdtWty 01 'lIrIitfa" ~ CI1' Pri.stlllll tcc~ 047 r:.ciZ74 July 10, 1979 he would like presentation from two firms. Commissioner Archer stated he would have to vote "No" because, in his personal opinion, there was no need for the services of any grant consultant and as thfs would result 1n a tfe-vote. suggested the item be postponad until Commfssioner Wenzel returns. Commissioner Wimer then withdrew his motion and asked that the matter stand "as is" (referring to the motion made June 12, 1979 at the regular meeting Whereby the County Manager was authorized to enter into contract negotfat1ons wfth International Systems. Inc. for an additional one-year period - the vote for that motion was 3/1 with C0n111issioner Henzel absent). fQ3.TIFICATES OF CORRECTION TO TAX ROLL - APPROVED FOR CHAIRMAN'S SIGliATURE Commissioner Archer moved, seconded by Commissioner Wimer and carrfed unanimously 4/0 with Commissioner Wenzel absent, that the following Tangible Personal Property Certificates for Correction on the Tax Rolls be approved and that the Chairman be authorized to sign same: 1978 Tax Roll NOS. 54-1978 55-1978 DATE 6-13-78 CHAIRMAN AUTHORIZED TO SIGN AGREEMENT ~;:TH DIVISION OF FORESTRY FOR SEKVICES FOr. FY 1979-8D Commissioner Wimer moved, seconded by Commissioner Archer and ca~ried unanimously 4/0 with Conmissioner Wenzel absent, that the Chairman be authorized to sign (after-the-fact) an agl'cement between the County and the Division of Forestry to provide services to 780,839 acres of land at a cost of $23.425.17. * * * * * . * . * * * * ". July 10."1979 CHAIRMAN AUTHORIZED TO SIGN GRANT APPLICATION MACE BY SHERIFFIS OEPARTMENT FOR HOLIDAY ACCIDENT ALERT PROGRAM. PHASE II Commissioner Archer moved. seconded by Commissioner Wfmer and carried unanimously 4/0 with Commfsz1oner Wenzel absent, that the Chairman be authorized to sign (after-the-fact) the grant appl1eatfon made by the Sheriff's Department for the Holiday Accident Alert Program, Phase II which is 100% funded by the State. Note: Complete applfcation appears on file fn office of Clerk of the nOllrn. "* ". "* "* "* "* "* ". "* "* "* "* "* "* "* "* "* "* "* "* "* "* ". ". "* "* "* O~ ...-,.~n ~r'rl' ~. '^~,~ ...,,~. July 10, i979 LEAVE OF ABSENCE FOR VIRGIL SHENEFIELD - AGRICULTURE DEPT. - APPROVED Commissioner Archer moved, seconded by Commissioner Wimer and carried unanimously 4/0 with Commissioner Wenzel absent, that an extensfon of a leave of absence previously granted to Mr. Virgil Sheneffeld because of illness be approved, as recommended by his supervisor and the County Manager. E~'ERGENCY USE OF, HELICOPTER ON 6/28179 - APPROVED Con~nissiol1cr Archer moved, seconded by Connrissfoner Pistor and carried unanimously 4/0 with Commissioner Wenzel absent, that the emergency use of the County helicopter on June 28, 1979 to resolve an emergency sftuation involving life and death be approved. CHAIRMAN'S SIGNING OF I.ETTER TRANSMITTING RECUESTED INFORMATION REGARDING CO~~UNITY DEVELOPMENT GRANT (COLLIER COUNTY'S HOUSING ASSISTAI1CE PLAN AP- PLICATION =3-79-DN-12-0242) - AUTHORIZED Commissioner Archer moved, seconded by Commissionar Wimer and carried unanimously 4/0 with Con~issioner Wenzel ausent, that Chairman Brown's signing of a letter after-the-fact transmitting requested infonnation regarding the Community Cevelopmp.r~t Grant (Collier County's Housing Assistance Plan _ Application f9-79-DN-12-0242) be authorized. CHAI R/-1AN AUTHOR1 ZED TO SIGN AN APPROPRIATE LETTER REGARD ING THE CONSULTING SERVICES FOq THE WATER CONTROL STRUCTURE AT SR-J1 AND THE LACK OF THE ENGINEER TO nEET THE SCHEDULE ESTABLISHED FOR THE PROJECT - COUflTY ATTORNEY DIRECTED TO TAKE APPRCPRIATE STEPS TO PROTECT THE COUNTY'S INTEREST IN THE MATTER Commissioner Archer moved, seconded by Commissioner Pistor and carried unanimously 4/0 ~Ii th Commissioner Wenzel absent, that the Chairman be authorized to sign an appropriate letter to Tri-County Engineering, Inc., Consulting Engineers, regarding their complete lack of meeting the established schedule for the project of the water control structure at SR-31. In addftion, the County Attorney was directed to take appropriate steps to protect the County's interest in the matter as it relates to the lost time and monfes involved. CHAIR/4AN AUTHORIZED TO SIGN THE BOND FOR APPOINTMENT OF ROBERT M. COLE~~N TO THE IMMOKALEE WAT~R & SEWER DISTRICT BOARD Commissioner Wimer moved, seconded by Commissioner Archer and carried unanimo 4/0 with Comnlissioner Wenzel absent. that the Chairman be authorized to sign the b for the appointment of Robert M. Coleman to the Immokalee Water & Sewer District B, '.~'. 047 .,~ ?A1' hf1(l~ nJ'7 ,..,._ ,>0" t:~~" ~, '''''LAI7''k Ju1y 10, 1979 COLLIER COUNTY STAMP CLUB'S REQUEST TO HAVE THE COUNTY'S LOGO MADE INTO A RV8BER STAHP TO BE USED IN THE PROCESS OF CANCELLING STAMPS ON POSTAGE CO~~EMORATING THE STA~~ TO BE HELD MARCH 29-30, 1980 - APPROVED Commissioner Archer moved. seconded by Conmfssioner Wfmer and carrfed unanimously 4/0 with Commissioner Wenzel absent. that the Collfer County Stamp Club's request to have the County's logo made fnto a rubber stamp to be used in the process of cancelling stamps on postage used durfng the tfme of the Stamp Show which wfll be held on March 29-30. 1980 be approved. COUNTY MANAGER AUTHORIZED TO NEGOTIATE REVISION 10 PHES~Nl AGN~EM~NT B~rWEEN FIRE CONTROL DISTRICT #1 AND EAST NAPLES FCD AND GOLDEN GATE FCO Conmfssioner Wimer moved, seconded by Commfssioner Archer and carrfcd unanimously 4/0 with Commissioner Wenzel absent, that the County Manager be authorized to negotfate a rcvfsion to the present agreement between Fire Control Distrfct #1 and both East Naples Fire Control and Golden Gate Fire Control to provide that actunl taxes collected from contract areas of Ffre Control District #1. less fees to the Tax Collector and Property Apprafser, be paid to the servicing district. UTILITY DIRECTOR BERlON'S RESIGNATION AS STAFr ADVISOR TO WATER ~1ANAG~:':ENT ADVISORY ~O^RD____AC2.CJJJ.E.JL:-IQ.UNTY .J..@INEER..}ARKSDALE APPOINTED POSITIOt! AS STAFF ADVISOR Commissioner Archer moved, seconded by Conrnissioner Wimer and carried unanimously 4/0 \~ith Commissioner Wenzel absent. that Utflfty Director Berzon's resignatiun as staff advisor to the Water Management Advisory Board, effective at the close of July 11, 1979 ~:r~AB meeting, be regretfully accepted and that County Engineer Barksdale be appointed to fi11 the position with the two parties involved to work out the transfer of activities as they relate to the WMABi fn addition, ~lr. l1erzon bc authorized to continue to be invoh .J in the watcl' managcment activities as they relate to the Utility Division. Chairman Brown asked that it be clarified as to the extent Mr. Berzon would continue to be involved in the water management areas, saying he would not want to' have two staff advisors, to which Mr. Serzon replied his participation would be Ivith those items that involved the Utility Division only. July 10, 1979 CLERK REAGAN TO GIVE AN IN-DEPTH REVIEW OF THE LOCAl GOVERNMENT FI~~NCIAL EMERGE! ArID ACCOUfJTABILITY ACT AT TH~ JIILY 17, 1979 BOARD MEETING Clerk Reagan stated that he would give an in-depth revfew of the local Government Financial Emergency and Accountability Act following the budget revie\ at the July 17, 1979 Board meetfng. MR. LLOYD SARTY'S RESIGNATION AS COLLIER COUNTY REPRESENTATIVE FROM THE #208 (WAi QUALITY) ADVISORY CO~~ITTEE OF SOUTHWEST FLORIDA REGIONAL COUNCIL - ACCEPTED _ NAMES AND RESUMES OF THOSE INTERESTED IN THE VACATED POSITION TO BE SENT TO ADM r rill_l.t0}.rXr.JI_LQJ.:_!:1A.l1lQg.~.iW _..... Comnissioner Wimer moved, ~p.conrlp.d by Commissfoen Archer and carried I/nAnimoll'dy 410l'lith Commissioner Wenzel absent, thllt Mr. Lloyd Sarty's resignati as Collier County's representatfve from the ~208 (Water Quality) Advisory Committee cf Southwest Florida Regional Council be accepted and that names and resumes of ~;,ose interested fn the vacated posftion be sent to Administrative Aide "'ary :.'crgan for revie~l. CU~RFNT A". FUTURE T~A'lEL txPENDITURES REG.~RDING THI:: FTC'::; Ri:CONSIDERATION OF ~10DIFIED (.:';g,!"!.LORDER INVOLVING GAC FOR ~,IJTHORIZEO PERSONNEL - APPROVED CommiS3ioner Wimer moved, seconded bJ Comnlissioner Pistor and carrfed unanimously 4/0 with Commissioner Wenzel absent, that current and furture travel expenditures of those authorized personnel to Washington, D.C. regarding the FTC's rp.co:)sfderation of the modffied consent order involving GAC be approved USE OF COUiij'{ HELICOPTER BY COUNTY ATTORf,;Y AND REPRESENTATIVES OF THE CORPS OF ENGINE~KS AND THE FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION TO VIEW THE GOLDEN GATE ESTATES AREA - APPROVED Commissioner Wimer moved, seconded by Commissfoner Archer and carried unanimously 4/0 with Commissioner Wenzel absent, that the Count.y Attorney, with representatives of the Corps of Engineers and the Florida Department of Regulatiol be authorized to use the County's helicopter in order to view the Golden Gate Estates area on July 12, 1979. UTILITY DIRECTOR BERZON TO REVIEW THE FINA:ICIAL STATUS OF THE UTILITY DIVISION AS OF SE"'pTE~IBER 30, 1978 DURING. THE WORKSHOP SESSION OF THE SOARD, JULY 24, 1979 Ut~; fty Director Serzon requested time to review the financial status of the Utility Division for that period ending September 30, 1978, during the workshop session of the Board meeting, July 24, 1979. " I llCS, 047 r~Gt285 ~c~~ 0.4-7 fI,et ~ July 10, 1979 SHERIFF, CLERK AND CRIMINAL JUSTICE INFORMATION SYSTEM BUDGETS GIVEN TO MEMBERS OF THE BOARD THIS DATE FOR REVIEW ON JULY 17, 1979 - COPIES OF THE REMAINING BUDGETS TO BE REVIEWED AT A LATER DATE TO BE GIVEN TO BOARD MEMBERS BY JULY 17, 1~ Fiscal Officer Harold Hall stated that the budgets for the Sheriff, the Cler~ and the Criminal Justice Information System, which will be revfewed July 17, 1979 have been given to the Board members as of this date and that copfes of the remaining budgets that are to be reviewed at a later date will be gfven the memuerr. by July 17, 1979. RE-JSTABlISHr1ENT~ISCAL ADVISORY COUNCIL - REJECTED Mr. Egon Hill reviewed the steps he had taken as requested by County Manager Norman and the Board, saying there had been one meeting between himself, Fiscal Officer Hall and County Manager Norman on April 11, 1979. Mr. Hill stated he had submitted his proposal to Mr. Norman on February 13, 1979 and it was to dctermi~~ the Burd's optnion on the re-establishment of a Fiscal Advisory Council that he came before the Board today. Discussion followed which touched upon the provfsion of guidelines for a future council, the areas in which such a councfl could be of service; advice from such a co~nittee would be of help to the Board but not necessariiy to the Fiscal Officer or the Clerk and that the information that the proposed council could produce could very well be used in independent studies. Commissioner Archer moved, seconded by Commissfoner Wimer and carried 3/1 with Chairman Brown dissenting and Commissioner Wenzel absent, that there be no re-establishment of the Fiscal Advisory Council. !:!LS C EL LAN EOUS CORRI~.o_NJ?JNCL:.1'J .~~UND/ OlL-RIff RRED There being no objection, the Chair directed that the following corresrond~nr.' be filed and/or referred to the various departments as indicated: 1. Memorandum dated June 15, 1979 from Parks and Recreation Director to County Manager requesting leave of absence for P & R Employee William Gann - Request withdrawn, no action taken - Filed. 2. Letter dated June 28, 1979 from Adele D. Spielberger, Chief, Bureau of Highway Safety, Divisfon of State Planning, indicating that grant request for Project No. 79-08-01-B-315-19 (Intensified Enforcement Program - Governor's Highway Safety Commission) has been approved - File( .' '0 IlOCK OfJ PAGE 29t July 10. 1;19 56. Monthly Report from the Golden Gate F1re1Cont;01 District for June, 1979 - Filed. 57. Notice from William N. Rose, Secretary of Transportation, FOOT, of public hearing re Tentative Program of Work for Fiscal Years 7/1/79 through 6/30/84 to be held June 22, 1979, and transmitting copy of 1entative Five Year Constructfon Plan and Annual Program Budget for said period - Filed. UTIL!TY EASE~'EtHS RE MARCO WATER AND SEWER DISTRICT.. ACCEPTED Pursuant to action taken by the Board on April 3, 1979 wherefn the Board approved the acceptance and expenditure of funds for the recording of all util ity easements related to the ~Iarco Water and Sewer Distrfct (Phase 1) Project, Utility Director Irving 8erzon submftted the followfng easements, same having been recorded in the offical records. * * * * * * * " * * * * * * * * * * '" * * * '" '" * -';:' July 10, 1919 LAKE TRAFF0RD MEMORIAL GAROE~S nEED NO. 192 . ACCEPTED FOR RECORDATION Pursuant to action of the Board January 10. 1918 wherein the Chairman was authorized to sign various deeds to Lake Trafford Memorial Gardens Cemetery lots as the need arises, the fallowing Deed No. 192 was recorded and filed for the record: .. .. .. '* * * .. .. .. .. .. .. .. * * * '" * '" .. .. .. '" * * .. .. ~c~~ 04-7 PACE 295' {o. . ":":"~."" ,;,,,.;. . .. . . . , July 1()~' 1979 VOTING PRECINCT NUMBER OF DEPUTY JAMES JOSEPH CRABLE - FILED FOR THE RECORD In compliance with Florfda Statute 30.09, the fOllowfng was submitted by Sheriff Aubrey Rogers and ffled for the record: Deputy James Joseph Crable . Voting Precinct 32 MINDY BRONSON EMPLOYED AS ENERGY CONSERVATION PROGRAM COORDINATOR Via memo dated June 27, 1979 County :.lanager Norman announced the employment of Miss Mindy Dronson as Energy Conservation Program Coordinator. ... ... ... * * * ." ." ." ." ." ." ." ... ... * There being no further business to come before the Goard, the meeting was adjourr~d by order of the Chair - Tirre: 4:20 P.M. 8 RD OF COUNTY COMMISSIONERS/EX OF ICIO GOVERNING BOARD(S) or SPECIAL . RICTS UNDER ITS CONTROL ATTEST: WILLIAN J. ::l.EAGf',N, CLERK ~ ~~ lu-;P ecc~ 047 PAGE m