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BCC Minutes 08/21/1979 R ........"-,, Naples, Florida, August 21, 1979 LET IT BE REMEMBERED, th~t the Board of Coun~ Commissioners in and for the County of Collier, and also acting as the Governing Board(s), of such special districts as have been created according to law and having conducted business herein, met on this date at 9:00 A.M. in Regular Session in Building "F" of the Courthouse Complex with the following members present: CHAIRMAN: David C. Brown VICE-CHAIRMAN: Clifford Wenzel John A. Ptstor C.R. "Russ. Wimer Thomas P. Archer ALSO PRESENT: William J. Reagan. Clerk; Harold L. Hall, ~hief Deputy Clerk/Fiscal Officer. Edna Brenneman and Jean Swindle (11:00 A.M.). Deputy Clerks. C. William Nonman, County Manager; Donald A. Pickworth. County Attorney. Irving Berzon, Utility Director. Clifford Barksdale, County Engineer; Carl Clemmer, Zoning Director. Neno J. Spagn~, Communi~ Development Administrato,'. Anthony Pires, Assistant County Attorney; Mary Morgan, Administrative Aide to the Board; and Capt. James Singletary, Sheriff's Department. ~ BOARD OF COUNTY COMMISSIONERS FINAL AGENDA AUqu8~ 21. 1979 NOTICE: ALL PERSONS SPEAKING ON ANY AGENDA ITEM MUST REGISTER PRIOR TO THE ITEM BEING BEARD. 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 BEARD UNDER "PUBLIC PETITIONS" AT 11:00 A.M. 1. INVOCATION 2 . PLEDGE OF ALLEGIANCE 3. APPROVAL OF AGENDA 4. APPROVAL OF MINUTES: Augus~ 7, 1979 5. PROCLAMATIONS AND PRESENTATIONS OF AWARDS MOl 048 rACE 06 August 21, 197!>> . ' Later in the session, Wesley Leon, Anderson Drive resident, expressed concern over the fact that his driveway has not been restored following subject improvements, and requested that this be done prio~ to the final assessment. County Engineer Barksdale advised that he would investigate the matter, as contained in Mr. leon's letter dated August 21, 1979. * * * * * * * * * * * * * * * * * . . . . . * . * * * * * * * August 21, 1979 . . RESOLUTION 79-122 VACATING A 12' UTILITY EASEMENT BETWEEN LOTS 8 AND 9. BLOCK 140. GOLDEN GATE UNIT 4. AS REQUiSTED BY SQUARE INVESTMENTS LIMITED - ADOPTED Legal notice having been pUblished in the Haples Daily News on August 5 and 12, 1979, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was held to consider a petition for the vacation of a 12' Utility Easemen between lots 8 and 9, Block 140. Golden Gate Unft 4, as requested by Square Investments limited. County Engineer Clifford Barksdale explained that the purpose of the vacatio is to utilize the two lots for the construction of . three-unit apartment buildin He said that the Engineering Department has reviewed the vacation and has det.ermt that there is no water management impact and. therefore, has no objection to the proposed vacation. Letters of "No Objection" have been submitted by the utility companies said Mr. Barksdale. however. the Florida Power & Light Company. althougl not objecting to the vacation, wishes to maintain all rights to the recorded easements on the east and west boun~~ries of both lots and the north boundary of lot 9 and the south boundary of Lot 8. Mr. Barksdale said that there is no Objection to this request. There being no persons registered to speak, Commissioner Wenzel moved, seconc by Commissioner Pistor and carried unanimously, that the public hearing be closed. Commissioner Pistor moved, seconded by Commissfoner Wenzel and unanimously carried, that Resolution 79-122 vacating a 12' Utili~ Easement. as detailed above be adopted. * * * * * * * * * * * * * * * * * * ", . . '. '. .. . .' ~ .,'. ;li'., ,; i ; .,' August 21',. ,1979 PUBLIC HEARING RE flOOD DAMAGE PREVENTION ORDINANCE (CONTINUED FROM 8/14/79)- FURTHER CONT:HUED UNTIL AUGUST 28. 1979 Legal notice having been published in the Marco Island Eagle on July 26 and August 2, 1979, and in the Naples Daily News on July 22, 1979 and August 5, 1979 . . as evidenced by Affidavits of Publication previously filed with the Clerk, public hearing was continued from August 14, 1979 for consideration of the enactment of an ordinance relating to Flood Damage Prevention. It was noted that the hearing had been continued from August 14, 1979 to August 21, 1979 or, if necessary. to August 28, 1979 to permit the various suggestil for revisions to be incorporated into the ordinance, if feasible. The revised ordinance was not ready for presentation this date, Whereupon the Chair directed that the ordinance be further continued until the Auyust 28. 1979 data. There were no persons registered to address the matter and no objections voiced to the continuance. ORDI~^NCE 79-56 AMENDtNG ORDINANCE 72-1, COllIER COUNTY STREET lIGHTING DISTRICT, TO INCLUDE PORTION OF ARLINGTON TERRACE - ADOPTED legal notice having been published in the Naples Daily News on August 2. 1979 as evidenced by Affidavit of Publication filed with the Clerk. public hearing was held to consider a proposed ordinance amending the Cottier County Street Lighting District Ordinance 172-1. to include certain lands of Arlington Terrace Subdivision. County Engineer Clifford Barksdale explained that the Engineering Department received a petition from the property owners within Arlington Terrace Subdivision requesting the installation of street lights on Randall Circle and Hawthorne Court, whi.h has been verified. He said that 12 of the 21 property owners, representing 57~ of the total, have signed the petition. Mr. Barksdale said that the estimated cost per year per property is $16.67, and that the service would begin on October 1, 1980. There were no proponents nor opponents to the proposed project indicating a desire to speak on the matter, whereupon Commissioner Wenzel moved, seconded by Commissioner Pistor and unanimously carried, that the public hearing be closed. ; tOOl( 048 PACE 12 August 21, 1979 Commissioner Wenzel moved, seconded by Commissioner Archer and unanimously carried. that the Board of County Commissioners adopt Ordinance 79-56, as entitled below, entering same in Or~:nance Book No. 10. AN ORDINANCE AMENDING ORDINANCE NO. 72-1 BY ADDING CERTAIN LANDS.OP ARLINGTON TBRRACB SUBDIVISION TO THE COLLIER COUNTY LIGHTING DISTRICT, PROVIDING FOR CONSTRUCTION, AND AN EFFECTIVE DATB. ORDINANCE 79-57 AMENDING ORDINANCE 75-9 TO EST~BLISH NEW BOUNDARIES FOR FIRE CONTROL DISTRICT 11 - ADOPTED Legal notice having been publish~rl in the Naples Daily News on August 2, 1979 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was held to consider a proposed ordinance to amend Ordinance 75-9 to establish new boundaries for the Collier County Fire Control District 11, and repealing previous Ordinances 76-59 and 78-48. County Manager C. Will1am Nonman expla1nt"d that, pursuant to BOI1I'd direction. an ord1nan=e has been prepared to amtn~ the Collier County Fire Control District II to fnclude that portfon of Golden Gate Estates now being serviced by the Golden Gate Fire Control District. He said that there is need to insure fire protection for this area because of the present level of development, and also to provide a mechanism to compensate the appropriate fire district to provide such service. It was noted in the Executive Summary regarding the matter. as prepared by staff dated July 18, 1979. that. following adoption of the proposed ordinance. agreements will be negotiated proViding for the portions of Fire Control District #1 to be serviced by the Golden Gate Fire Control District, and those portions which will be serviced by East Naples Fire Control District. Ms. Nancy Bisbee, President of tIre Golden Gate Estates Area C:iv1c Association, and Daniel Fabian, Golden Gate Estates resident, spoke in support of establishing a separate fire district for the subject area and expressed their concern that the response time would bl! too long and that the department serving the Estates area is nc large enough to provirle adequate service. August 21, 1979 Commissioner Pistor pointrd out the costs involved in building a firehouse, purchasing the necessary equipment, and the like, with Hr. Norman citing specific figures regarding the funds required to support other similar districts. suggesting that it would not be economically feasible at this point to establish separate districts. He said that the Golden Gate District has, and will continue to, expend a great deal of its resources in proViding protection to the subject area and that, in his opinion, the present arrangement should not be permitted to continue. There were no additional persons registered to address the matter, wher!u~on Commissioner Pistor moved, seconded by Commissioner Wenzel and carried unanimously, that the public hearing be closed. Commissioner Pistor moved, seconded by Commissioner Wenzel and unanimously carried, that Ordinance 79-57, as entitled below, be adopted and entered into Ordinance Book No. 10. AN ORDINANCE TO AMEND ORDINANCE NO. 75-9 '.0 ESTABLISH NEW BOUNDARIE~ FOR COLLIER COUNTY FIRE CONTROL DISTRICT fil, AND REPEALING PREVIOUS ORDINANCES 76-59 AND 78-48. PETITION R-79-l4C, ROBERl SHARP, REQUESTING REZONING FROM "A" AND "A-ST" TO "PC" AND "PC-ST" FOR PROPERTY LOCATED IN SECTION 12, T49S, R25E - DENIED le9al notice having been published in the Naples Daily News on July 20, 1979 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was held to consider a proposed ordinance with regard to Petition R-79-14C, by Robert Sharp, requesting rezoning from "A" Agriculture and "A-ST" Special Treatment to "PC" and "PC-ST" Professional Conrnercial-Special Treatment on property located in the S~ of Section 12, Township 49 South, Range 25 East, which is located on the east side of Airport Road between YMCA Road and Cougar Drive. Community Development Administrator Neno Spagna explained that the purpos! for the petition was to permit the construction of an office bUilding for use for an AAA Motor Club operation. He said that the petition has been reviewed by all review agencies and recommended for approval subject to certain stipulations, and by the Coastal Area Planning Commission subject to the same staff stipulations. eoOK 048 rACE 14 August 21, 1979 Mr. Robert Sharp, representing the Peninsula Motor Club (AAA), provided further details on the proposed use of the property and stated his agreement to the stipulations imposed. Responding to County Attorney Pickworth regarding the proposed use of the balance of the property, Mr. Sharp said that the facility which ~ould house his organization would hopefully allow for the leaSing of space for professional offices. Dr. Spagna stated his awareness of the proposed additioni use for the property but, recognizing the fact that the Board has discouraged commercial and industrial zoning on the east side of Airport Road, stated that, in his opinion, the use of the property would not be a strictly commercial type usage. He said that the ,"PC" zoning district was fashioned to allow more professior type use to fit somewhere in between residential and commercial zoning, observing that such zoning would be a good use for the subject prcperty. Commissioner Pistor questioned whether or not a step backwards might be taken in that it was determined as part of the Comprehensive Plan that all of such zoning as is being discussed was removed from the east side of Airport Road. Dr. Spagna con~rurred. however, he said that the subject petition was submitted before the adoption of the Plan and. if approved, an adjustment will have to be made in the six-month review process. The petition was deliberated on at length covering such matters as the possibil of setting a precedent, if the rezoning is approvedt the zoning of adjacent propertil \ihether or not consideration has been given to locating the project on the opposite side of Airport Road which is already zoned commercialt and other like topics. There being no further persons registered to speak on the petition, Commissionel Archer moved, seconded by Commissioner Wenzel and unanimously carried, that the public hearing be closed. Commissioner Archer moved for approval of Petition R-79-l4C as recommended by the CAPC and staff, subject to the four stipulations imposed. Chainman Brown seconded the motion. Mr. Sharp commented on some of the points brought out during the discussion, among them the length of time which has been spent in attempting to find a parcel of property which would be suitable for the intended PUrpOS8t his lack of knowledge August 21, 1979 with regard to the "ST" zoning prrtion of the proper~, and the like. Commissioner Archer pointed out the definite need for professional offfice buildings in the subject area and said that in his opinion such use would blend in beautifully with the residential areas in that location. Commissioner Wimer noted that he is not convinced that the proposed use is the best and highest use for the property in question suggesting that, due to its location adjacent to the YMCA and the high school, a better use might be for recreational or institutional purposes. Commissioner Wenzel recalled that a recent petition for rezoning to commercial zoning had been turned down for a parcel in th~ same locale and questioned Why the petition under discussion was being recommended for approval. Dr. Spagna explained that it was felt by the Board that the construction of a 7-11 Store in that vicinity would have a bad affect on the school children attending Barron Collier High School, as was suggested by a School Board member in attendance at the public hearing when the petition was discussed. Responding to County Attorney Pickworth, Dr. Spagna said that because of the "PC" zoning being less intensive commercial use there is justification for grantiug the rezoning. adding that it will ~e a reasonable type of transitional zoning belween more intensive commercial use and residential use. Mr. Pickworth pointed out that the nearby intersection of' two four-lane roads will almost inevitably be commercial and the "PC" zoning will act IS a buffer zone to the residential areas to be developed away from the intersection and that the "PC" zoning can be justified if not permitted to extend any farther than the area under discussion. Commissioner Wimer disagreed stating that the area is residential to the north and to the south is zoned for a church building and therefore would not be a buffer, also pointing out that the subject property is not on a corner. Hr. PlckNortl said that the residential is not in existence now and explained that what he was referring to is whether or not it could act as a buffer and also whether the BOard can hold the line on the other areas. Upon call for the question a roll call vote was taken which resulted in the defeat of the petition by a vote of 3/2 - Commissioners Wenzel and Wimer voting in opposition. eoOl 04.8 rACE 16 August 21, 1979 ORDINANCE 79-58 RE PETITION R-79-15C, POST, BUCKLEY, SCHUH' JERNIGAN, REQUESTING REZONING FR~ KA" TO "~1" FOR PROPERTY IN SECTION 16, T48S, R25E - ADOPTED; PETITIONER'S AGREEMENT TO STIPULATIONS IMPOSED - ACCEPTED Legal notice having been published in the Naples Daily News on July 20, 1979 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was Held to consider a proposed ordinance with regard to Petition R-79-15C, by Post, Buckley, Schuh & Jernigan, requesting rezoning of property in Section 16, Township 48 South. Range 25 East, from "A" Agriculture to "RM-l" Single and r~ulti-famf1y zoning. Community Development Administrator Neno Spagna explained that the proper~ in question is located on the north side of Wiggins Pass Road near the entrance to Gulf Harbor Subdivision on which the petitioner wishes to develop low density, garden-type apartments. The petition has been reviewed by all of the review agencil said Dr. Spagna, and recommended for approval with the follOWing stipulations: 1. Central Water and Sewer required. (Health Dept.) 2. EIS to be resubmitted to snow effects of proposed development with the development being submitted to EAC for review (EAC). 3. Detailed site drainage plan be submitted to and approved by the County Engineer prior to the issuanc~ of any bUilding permits. (WMAB) 4. An offstreet parking and circulation plan be submitted in accordance with Section 18.5 of the Zoning Ordinance prior to the issuance of any bUilding permits. (Planning) Dr. Spagna advised that the Coastal Area Planning Commission. fOllOWing their public hearing on July 5, 1979, recommended forwarding the petition to the Board with a recommendation of approval subject to the staff's stipulations, as outlined above. Responding to Commissioner Wenzel, Or. Spagna explained that what is meant by low density is a maximum of 6.22 units per acre. There being no persons registered to speak on the matter, Commissioner Pistor moved, seconded by Commissioner Archer and unanimously carried, that the public hearing be closed. Commissioner Pistor moved, seconded by Commissioner Archer and carried 4/1 with Commissioner Wenzel opposed, that Ordinance 79-58, as entitled below. pertainin. to Petition R-79-15C be adopted, and that the petitioner's Agreement to stipulations imposed be accepted. Ordinance entered in Ordinance Book No. 10. August 21, 1979 PUBLIC HEARING RE PETITION R-79-17C, CAROLYN BELL, REQUESTING REZONING FROM "RS-4" TO "GF.~" FOR PART OF LOT 51. NAPLES IMPROVEMENT COMPANY'S LImE FARMS _ COtlTlNUEO UNTIL OCTOBER 16. 1979 legal notice having been published fn the Naples Dafly News on July 20, 1979 as evidenced by Affidavft of Publication ffled with the Clerk, public hearing was opened to consider a proposed ordfnance regardfng Petition R-79-17C, by Carolyn Bell, represented by John T. Conroy. Jr., requestfng rezoning of a portion of lot 51, Naples Improvment Company's Little Farms from "RS-4" to "GRC". Community Development Admfnfstrator Neno J. Spagnl explained that the petition was recommended for denial by the Coastal Area Planning Commission and the petitioner's representative has requested, fn his letter of JUly 18, 1979. that the petition be continued until such time as the Planning Department has completed a study being made of the subject area. Commissioner Wenzel moved, seconded by Commissioner Archer and carriod unanimously, that the public hearing pertaining to Petition R-79-17C, as detailed above, be continued until October 16. 1979, as requested. It was noted that there were no persons registered to address the Board with regard to the petition. ORDINANCE 79-59 RE PETITION IZ-79-3-I AMENDING ORDINANCE 74-15 BY CHANGING SECTION 11.9, PARAGRAPH 2.A OF THE "I-MHSD" DISTRICT - ADOPTED legal notice having been pUblished in the Immokalee Bulletin on JUly I? 1979 as evidenced by Affidavit of Publication filed with the Clerk. public hearing was held to consider a proposed ordinance with regard to Petition IZ-79-3-I amending Ordinance 74-15 by changing Section 11.9, Paragraph 2.A of the "I-MHSD" District thereby permitting duplex residences as a principal use in such district in the Immokalee area. Zoning Director Carl Clemmer said that the petition has been filed by the Immokalee Area Planning Commission due to the fact that there have been several requests in the "I-HHSD" district to permit duplex construction. He said that" the IAPC held their public hearing on June 27, 1979 and recommended approval of the petition to permit duplexes as a principal use in the subject district on lots with a minimum area of 7.000 square feet and that the staff concurs with the recommendation. &OOK G4B rACE' %0 August 21, 1979 There were no persons registered to address the subject. whereupon Commissioner W~,lzel moved, seconaed ~y Commissioner Pistor and carried unanimously, that the public hearing be closed. Commissioner Archer moved, seconded by Commissioner Pistor and unanimously carried, that Ordinance 79-59. as entitled below, be adopted and entered into Ordinance Book No. 10. ^N ORDINANCE AMENDING ORDINANCE NO. 74-15 THE ZONING REGULhTIONS APPLICABLE TO THE IMMORALEE AREA PLANNING DISTRICT BY CHANGING SECTION 11.9 PARAGRAPH 2.A "1- MHSD II DISTRICT,^ND PROVIDING I.N EFFECTIVE D^TEI ORDINANCE 79-60 RE PETITION R-79-8-I. WILLIAM ROY AND BETTY JOE JOHNSON. REQUESTING A CHANGE IN ZONING FROM "I-SF-2" TO "I-MF-2" FOR PROPERTY IN SECTION 32. T465, R29E, IMMOKAlEE - ADOPTED Legal notice having been publiShed in the Immokalee Bulletin on July 19, 1979 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened for consideration of a proposed ordinance with regard to Petition R-19-8-I by Wi1lfJm Roy r.nd Betty Joe Johnson, requesting a challge in zoning from "I-SF-2" to "I-MF-2" on a 17-acre tract in Section 32. Township 46 South, Range 29 East. Zoning Director Carl Clemmer explained that the rezoning is being requested for the purpose of constructing multiple housing units sometime in the future, noting that such housing is needed in the Immokalee area. particularly with the !~d"~;'lt of sewers and expanded water services which will attract more people to the community. He said that the rAPC held their public hearing on June 27, 1979 and recommended that the petition be approved with which the staff concurs. Due to their being no persons expressing an interest in addressing the Board regarding the petition, Commissioner Pistor moved, seconded by Commissioner Archer and carried 5/0, that the public hearing be closed. Commissioner Pistor moved. seconded by Commissioner Wenzel and unanimously carried, that Ordinance 79-60, as entitled bel~w. be adopted and entered into Ordinance Book No. 10. AN ORDINANCE AMENDING ORDINANCE NO. 74-14 THE IMMOKALEE AlmA PLANNING DISTRICT ATLAS or MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE PROPERTY DESCRIBED ImREINBELQtf FROM "I-SF-2" TO IOI-MF_21O AND PROVIDING AN EFP'EC'l'IllE DATE: August 21, 1979 PETITION V-79-16C, MERMAID OF MARCO ISLAND, REQUESTING PERMISSION TO CONSTRUCT ~~~A:~~~~~:~I~s~~Nl:7:~~~~~~Or.A~~T~~ ~~DI~~u~iE2~F :~~~I~~7pE~itSll, FOR CONSTRUCTION OF THE PROJECT AS DESIGNED legal notice having been published in the Marco Island Eaglt on August 2, 197~ as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition V-79-16C filed by Mermaid of Marco Island, Marco Homes, Inc., requesting a variance from "RM-2" Zoning District to permit the construction of two 2-story apartment buildings, one with 10 units and one with 12 units, on lot 27, Block 357, Unit 11, Marco Beach Subdivision. Zoning Director Carl Clemmer explained that in September, 1978, Mr. Don Cahill Architect representing the developer, submitted a schematic site plan for the project which he said was incomplete, having only an ~utline of the lot and an outl' of the proposed building envelopes. He said that it was necessary to use an engineer's scale to determine the acreage and location of proposed building; size and setbacks. He said that it was stated at the time that by using the scale, the project appeared to conform. however. in no way was this approval of the project. It was expected that drawings, as they were being developed, would be submitted said Mr. Clemmer. Continuing. Mr. Clemmer said that when the plans for the project were submittec for a building permit it was found that the parcel of 1.7659 acres will permit 19.69 units. It is being recommended, said Mr. Clemmer, that the petition be denfec and the project either be redesigned or the necessary Transfer of Development Rights be obtained. Mr. Cahill di~played blueprints of the project to the Commissioners and stated that the final plan was the same as the preliminar,y plan presented and that it was copied verbatim. Responding to Commissioner Wenzel, Mr. Cahill said that the preliminary drawing was submitted to determine if the plans were satisfactor,y, follo which the working drawings were developed; condominium documents filed with Tallahassee; and added that one-half of the units have been sold. He detailed,the correspondence received from the County staff with regard to the matter particularly pertaining to complying with the provisions of the Flood Damage Prevention Ordinance if adopted as proposed. MOK 048 rACE 2Z August 21, 1979 The matter of methodology in computing density was discussed with Mr. Cahill pointing out ~hat the buildings co"ld be raised to three stories which would permit the 22 units requested. along with various other design changes which could be used to increase the density. however, he said such changes in the plans would i,ncrease the costs already expended for the project. The suggestion was made that the project could be reduced by two units with Mr. Cahill commenting that this would affect the financing arrangements which have already been approved based on the total number of units as being 22. Assistant County Attorney Anthony Pires expressed the opinion that the only hardship involved was one of economics which is not sufficient for granting a variance, further commenting that any approval tmich is given was qualified approval at best, based upon a "rough" plan submitted. and whfch were not submitted in the course of a formal building permit process. During the discussion which followed, the regulations governing the flood insurance program were discussed with Community Development Administr<<tor Neno Spagna explaining the various provisions of the law including the deadline for commencement of construction. Following his statement that, in his opinion, the problem is a technical one, and not a matter of density since the project will be below the maximum which could be allowed, Commissioner Wimer moved that the bUilding permits be issued for the project dS designed. Commissioner Wenzel seconded the motion, commenting that there should be changes made to the complicated density formula and suggesting that the criteria for density should be on the land and not whether or not the ~uilding is one, two or more stories. Upon call for the question, the motion carried 4/1 with Commissioner Archer voting in opposition. It was noted that the public hearing had not been closed, whereupon Commissionl Wenzel moved, seconded by Commissioner Pistor and carried unanimously 5/0 that the public hearing be closed. Commissioner Wimer restated his motion that the building permits be issued for the project as designed. The motion was seconded by Commissioner Wenzel and carriec 4/1 with Connissioner Archer voting in opposition. August 21, 1979 RECESS: 10:53 A.M. until 11:00 A.M. at which time Deputy Clerk Brenneman was replaced by Deputy Clerk Swindle. . * * PROGRESS REPORT REGARDING AMERICAN AMBULANCE SERVICE CONTRACT NEGOTIATIONS County Manager Honman made a report on the ongoing negotiations between the County and American Ambulance whose contract expires December 16, 1979, and the proposed new contract proposed to be effective October 1, 1979. He reviewed the directions of the Board at previous budget hearings, that the budget request from American Ambulance be reduced by approximately $50,000. Mr. Norman reported that he, with Fiscal Officer Hall, Or. Cox, Health Director, County Attorney Pickworth, Hr. Jack Maguire and Oon Ashley, CPA, have held meetings but that they had not arrived at an agreement regarding the proposed contract. Fiscal Officer Hall stated th~ tentative budget for the FY 1979-80 could be adopted in final form at the 7.~O P.M. meeting tonight even though the American Ambulance budget had not been finalized. stating that any changes that will result by the negotiations can be incorporated later by dudget Amendment. ORDINANCE AMENDING ORDINANCE 77-53 RE HAZARD MARKING AND LIGHTING FOR IHMOKALEE AIRPORT TO CORRECT PARAGRAPH 40 - ADVERTISING AUTHORIZED FOR PUBLIC HEARING SEPTEMBER 25. 1979 Commissioner Wenzel moved, seconded by Commissioner Pistor and carried unanimously, that the Ordinance amending Ordinance 77-53 regarding the hazard marking and lighting for Immokalee Airport to correct. Paragraph 4D be authorized for advertising for public hearing September 25, 1979. PETITION V-79-18-C, N.P. SLOAN REQUESTING ~IDLTIPlE VARIANCES FOR CONSTRUCTION ON lOT 37, TAMIAMI HEIGHTS - ADVERTISING AUTHORIZED FOR PUBLIC HEARING SEPTEMBER 18, 1979 Commissioner Wenzel moved. seconded by Commissioner Pistor and carried unanimously, that Petition V-79-l8-C filed by N.P. Sloan requesting multiple variances for construction on lot 37. Tamiami Heights be authorized for advertising for public hearing September 18, 1979. ~~~U August 21. 1979 RESOLUTION 79-123 CONFIRMING THE STREET NAME OF ORANGE BLOSSOM DRIVE ON THAT PORTION OF ANDERSON ROAD RUNNING IN AN EAST/WEST DIRECTION ON THE WEST SIDE OF AIRPORT ROAn - ADOPTED FOllowing County Manager Norman's presentation of the request, Mrs. Adie Mae Perry, property owner, spoke on behalf of the suggested street name Change, ~aying that she has had difficulty with the delivery of her mail/bills because of the present street identification. Commissioner Wenzel moved, seconded by Commissioner Pistor and carried unanimously, that Resolution 79-123. confirming the street name of Orange Blossom Drive located in Section 11, Township 49 South, Range 25 East, running in an east/west direction on the west side of Airport Road, be adopted. . * * * . * * * * * * * * * * * * * * * * * * * * * MDX 048 PACE 26 August 21, 1979 RESOLUTION 79-124 RE PETITION PU-79-11-C, D.L. BASS, TRUSTEE REQUESTING PROVISIONAl USE (2) OF THE "A" DISTRICT FOR EARTH MINING AND EXCAVATION IN THE SE~ OF SECTION 7, T51S, R27E, LOCATED IN THE AREA NORTH OF DEL-MAC - ADOPTED WITH STIPULATIONS _ AGREEMENT WITH SAME STIPULATIONS - ACCEPTED Dr. Neno Spagna, Community Development Director, presented the request for a Provisional Use (2) of the "Art District for earth mining and excavation for tha1 property located immediately north of the Del-Mack Cement/Concrete plant on U.S. 4) as submitted by D.L. Bass, Trustee. Dr. Spagna stated the petition has been reviewl by all of the required review agencies and has met with the recommended approval of all with the following eight stipulations: 1. If additional vegetation is needed, native vegetation should be used. 2. Compliance with the provisions of the Excavation Ordinance. 3. No on-site pumping. 4. Subject to DOT approval, a northwest bound deceleration lane and :;outheast bound left turn lalle be provided at onset of construction. 5. Prior to the issuance of any construction permits, a site plan must be submitted to the Director for approval of the office site and any additional accessory uses. 6. Any future signs must be approved by the Zoning Director. 7. Approval of the site plan as submitted with a minimum of 330' buffer/setback area. 8. Limit the excavation to a five (5) year period with one (1) year extension(s) after sufficient data is submitted to prove the excavation is still compatible with the area. Such extension shall be approved by the Board of County Commissioners. Commisssioner Archer moved, seconded by Commissioner Pistor and carried unanimously, that Resolution 79-124 granting the Provisional Use (2) of the "A" District for earth mining and excavation in the SE'- of Section 7, Township 51 South, Range 27 East, located in the area north of Del-MaCk Cement/Concrete Plant as requested by D.L. Bass, Trustee (PU-79-11-C), be adopted with the above- referenced stipulations and that the Petitioner's Agreement containing the same stipulations. be accepted. * * * * * * * * .. August 21, 1979 EXCAVATION PERMIT FOR D.L. BASS, TRUSTEE (COMPANION PETITION TO PU-79-11-C) APPROVED WI~ STIPULATIONS County Engineer Cliff Barksdale stated this request for an excavation permit is a companion petition with the previous Provisional Use request submitted by D.L. Bass, Trustee and the permit will be for approximately 167 acres of land located in Section 7, Township 51 South, Range 27 East, which is north of US 41 and approximately 4 miles east of SR 951. He identified the proposed lake as being approximately 2,000 feet by 2,000 feet and dug to a depth of approximately 12 feet below existing grade with the project yield from the said mining operations to be approximately 1,665,000 cubic yards of fill material. The petition has received recommended approval from the Water Management Advisory Board. the Utility Director and the County Engineer with the following stipulations: 1. That all applicable provisions of County Ordinance 73-12 be adhered to. 2. That the depth of the lake does not exceed 12' below existing grade. 3. Tllat no pumping (''I-site or off-site be permitted. 4. That a performance bond in the amount of $25.000 be posted with Collier County prior to the issuance of the excavation permit. 5. That an Excavation Permit Fee in the amount of $4,174.50 be paid to Collier County prior to the issuance of the excavation permit. 6. That Petition PU-79-11-C (See previous item and the adoption of Resolution 79-124) be approved by the Board of County Commissioners prior to the issuance of the excavation permit. 7. That the applicant will comply with any new administrative require- ments which become a part of the revised Excavation Ordinance. Following Commissioner Wenzel's query as to the status of the revised Excavation Ordinance, which is still in the process of being reviewed, Commissioner Archer moved, seconded by Commissioner Wimer and unanimoUSly carried, that the Excavation Permit as requested by D.L. Bass, Trustee, be granted with the above- referenced stipulations. CIVIL DEFENSE PROGRAM PAPER FOR THE FY 1979-80 - APPROVED _ CHAIRMAN AUTHORIZED. TO SIGN SAME In the absence of Mr. Bill Walker. Civil Defense Director, County Manager Norman presented the Civil Defense Program Paper which outlines the County's accomplishments for FY 1978-79 and the proposed accomplfshments for FY 1979-80 using MOK 048 PACE M August 21', 1979 State and Federal assistance. Mr. Nonman explained that the Board's approval of the sUbject Program Paper is necessary in order fo~the County to continue to receive federal financial assistance. He asked that the Soard approve the document as presented and authorize the Chainman to s1gn same, returning the original and all copies to Civil Defense for distribution to the Area Coordinator. Commissioner Archer moved, seconded by Commissioner Pistor and carried unanimously, that the Civil Defense Program Paper for FY 1979-80 be approved as presented and that the Chairman be authorized to sign same, returning the original and all copies to Civil Defense for distribution to the Area Coordinator. . * * * * * . * * * . * * * . * * August 21, 1979 RESOLUTION 79-125 AUTHORIZING ACCEPTANCE OF A FLORIDA BOATING IMPROVEMENT PROGRAM GRANT WITH THE FLORIDA DEPARTMENT OF NATURAL RESOURCES. DIVISION OF RECREATION AND PARKS FOR CONSTRU~TION OF FISHING REEF MARKERS. ADOPTED _ AGREEMENT BETWEEN COLLIER COUNTY AND THE DEPARTMENT OF NATURAL RESOURCES, DIVISION OF RECREATION AND PARKS RE SAME - ACCEPTED - CHAIRMAN AUTHORIZED TO SIGN DOCUMENTS County Manager Norman stated this item is in conjunction with a previous action taken by the Board wherein a contract with the Collier County Anglers Association had been approved which identifies the responsibility of handling and maintaining the marking of the artificial reefs IS being that of the County's, The proposed Resolution will authorize the Coun~ to accept a Florida Boating Improvement Program Grant in the amount of $7,500 from the Florida Department of Natural Resources, Division of Recreation Ind Parks while the accompanying Agreement will authorize the construction of the markings of the ~rtificial reefs with said grant funds. Mr. Horman said it is the Parks and Recreation Department's recommendation that both documents be approved. Commissioner Wenzel moved, seconded by Commissioner Pistor and carried unar.imously, that Resolution 79-125 authorizing th~ Board's acceptance of a Florida Boating Improvement Program Grant with the Florida Department of Natural Resources, Division of Recreation and Parks for the construction of fishing reef markers be adopted and that the Chairman be authorized to Sign the companion Agreement which authorizes the construction of the markings of artificial reefs with the said grant funds in the amount of $7,500. . * * * * * * * * * bOOX 048 fACE 52 August 21, 1979 lEASE FOR THE NORTH COLLIER BRANCH LIBRARY BETWEEN THE COUNTY AND MR. AND MRS. PAULICH - APPROVED - CHAIRMAN AUTHORIZED TO EXECUTE SAME Commissioner Wimer moved, seconded by Commissioner Wenzel and carried unanfmously, that the Board of County Commissioners enter into a one yedr l~d~~ agreement with Mr. and Mrs. John Paulich for space in the North Naples Plaza to house the operation for the North Collier Branch of the Collier County Free Public Library. said agreement containing two options to renew for one additional year each and a contingency clause to cover the possible future construction of a bUilding by the County to house the Library and that the Chainman be authorized to execute same. * . * * . * . . * * * * * * * * * . * * * * * * * * August 21, 1979 BID REQUIREMENT WAIVED FOR THE RENOVATION OF JUDGE HAYES' CHAMBERS _ WORK AGREEMENT WITH GEORGE KRAFT IN AN AMOUNT APPROXIMATELY $3.200 _ ACCEPTED The request for the renovation of Judge Hayes' chambers was presented by County Manager Norman and he stated that until recently the office space had been occupied by the Court Reporters Office. It now needs relocation of partitions with electrical/airconditioning work necessary in order for it to be rendered suitable for use as a hearing room and office for Judge Hayes. In order to eliminate the cost of retaining an architect to draw up blueprints and specifications as well as avoiding the delays required in the sealed bid process, direct negotiations have been entered into with George F. Kraft Company to perform the work. After a meeting with Judge Hayes and the Building Maintenance Department, the Kraft Company has agreed to perform the necessary work for a sum not to exceed $3,200. Hr, N~rman concluded his remarks with the request that the Board approve the waiVing of the bid re- quirements; to allocate the funds, not to exceed $3,200, for the requested renovations and authorize George F. Kraft Company to perform said work. Commissioner Wenzel moved, seconded by Commissioner Pistor and carried unanimously, that the sealed bid requirements be waived and George F. Kraft Company be authorized to perform the renovations necessary as agreed on a time plus material basis not to exceed $3,200. (See Budget Amendment 79-120 adopted later in the meeting to cover this expense). WAREHOUSE LEASE RE UTILITY DIVISION NEED FOR STORAGE SPACE - BETWEEN DONALD W. GRAY AND BARBARA S. GRAY, D/B/A ALL-IN-ONE AND COLLIER COUNTY _ APPROVED _ CHAIRMAN AUTHORIZED TO SIGN SAME Utility Director 8erzon presented the renewal lease for the space the Utility Division is currently occupying at the All-In-One Storage Company and stated the only change has been an increase of $10.00 per month on the rent. Commissioner Pistor moved, seconded by Commissioner Wenzel and carried unanimously, that the renewal lease for the use by the Utility Division of storage space in the All-In-One Storage Warehouse located at 3906 Merchantile Avenue, Naples. Florida, indicating an increase of $10 per month rental fee, be approved and the Chairman be authorized to execute same. MOl 048 rACE 78 August 21, 1979 NEGOTIATING COfottITTEE RE PURCHASE OF MARCO WATER SYSTEM/DELTONA CORPORATION, APPOINTED' UTILITY DIRECTOR AUTHORIZED TO ADVERTISE FOR ENGINEERING CONSULTANT FOR "NEW CONSTRUCTION- ITEMS UNDER REGIONAL ALTERNATIVE 12; CH2H HILL AUTHORIZED TO EVALUATE THE FINANCIAL FEA.;IB!!..ITY OF INCORPORATING SEWAGE TREATMENT PLAIn INTO OVERAll PURCHASE OF MARCO UTILITY SYSTEM Utility Director Berzon presented for the Board's consideration a suggested course of action pertaining to the County Water Supply, Treatment and T~ansmfssion Systemll~ster Water Plan and the feasibility of purchasing the Marco Utility System for inclusion in the Regional Water System (This course of action being considered under the guidelines of the recommended Regional Alter- native #2). He read fn its entirety his letter of recommendation which included the following six items: 1) Appoint a committee to negotiate the purChase oE the Marco Water System with the Deltona Corporation. This purchase to be based on th. price for ~quisition used in the Regional Plan Alternate '2, ($5,250,000.00) less the allowance to upgrade tho Water System as reco~ cd in the Hole, Montes l Associates' Appraisal Report. The Committee to consist of the fOllowing and those othe the Board of County Commissioners may recommend: a) Tha County Attorney, Fiscal Officert Utility Directort Consulting Engineers for the Master Water Plan and tho Financial Consultants for the Marco AcqUisition. 2) The Board of County Commissioners to ~uthorize the Utility Director to advertise for and Schedule the selection by the Board of County Commissioners oE Engineering Consultants to do the engineering designs for the various items of "New Construction" listed in the Consultant's Report under Alternative Two. 3) The Board of County Commissioners to arrange for the selection of Financial Consultants to assist the County Water/Sewer District in financing the various el~ments of the Regional Water System Phase I (1980). Th~s selection should be made on September 11, 1979. 4) The Board of County Commissioners to designate a Financial Consultant to assist the County Staff in negotiating for the purchase of the Capri Water Works SYI and the Golden Gate Utility System. These negotiations i to be based on purchase prices as proposed in the CH2M H; Alternate '2 recommended Regional System, less any allowances designated for upg~ading the systems to current standards. ' 5) To authorize the County Attorney to proceed with the necessary steps toward Bond Validation for the various components oE,the R~giona1 System Phase I (1980). 6) The Board of County Commissioners to autho~ize the Master Plan Co~sultant to evaluate tho financial feasibility of incorporating the Sewage Treatment Plant into the overall purchase and acquisition of the Marco Utility System, under the recommended Regio~al Plan August 21, 1979 Commirsioner Wenzel moved, ~econded by Commissioner Archer and c~rried unanimously. that the Negotiating Committee re the purchasl,of the Marco Water System/Deltona Corporation be appointed as follows: Utility Director Berzon. Fiscal Officer Hall; County Attorney Pickworth; Charles Smith of W. R. Hough & Co. and Ted Smallwood of CH2M Hill. (This motion accommodated the first recommendation of Mr. Berzon's course of action). Following discussion regarding the seconded recommendation, Commissioner Wenzel moved, seconded by Commissioner Pistor and carried unanimously, that the Utility Director be authorized to advertise for a Consulting Engineer to do the engineering designs for the various items of "New Construction" listed in the Consultant's Report under Alternative 12. Recommendations 3, 4 and 5 were deferred until regular session of next week, this being the consensus of the Board. Following Fiscal Officer Hall's statement that the requested funds, in an amount not to exceed $3.000, authorizing CH2M Hill to evaluate the financial feasibility of incorporating the Sewage Treatment Plant into the overall purChase and acquisition of the Marco Utility System. under the recommended Regional Plan. is a proper expenditure from the proceeds of the System's Development charges and had been reviewed by the County Attorney, Commissioner Wenzel moved, seconded by C~nmissioner Archer and carried unanimously. that such a motion be approved. Mr. Charles Smith of W. R. Hough & Co. indicated that the figure suggested for the purchase of the Marco acquisition as shown in the Smallwood report, does not include any allowance for acquiring land. This being so the negotiating figure will, out of necessity, have to be raised in order to accommodate this expense. PAYMENT OF ROUTINE BILLS - AUTHORIZED Following Fiscal Officer Hall's statement that the bills being presented for approval of payment have been prepared following established procedures and that funds are available. Commissioner Wimer moved, seconded by Commissioner Pistor and carried unanimously, that the bills be approved for payment as witnessE by the following warrants: August 21, 1979 aOOK 048 PACE 80 ACCOUNT acc Payroll County ~/arrants .EY1!!! 2972 - 3409 10079 - 10333 BUDGET AMENDMENT 79-1l9RE TRANSFER FUNDS FOR LIBRARY - MARCO ISLAND (GRANTS GIFTS & TRUSTS) - APPROVED IN THE AMOUNT OF S870 . Commissioner Wenzel moved, seconded by Commissioner Pfstor and carried unanimously. that the following budget amendment be adopted. Board of County Commissioners :oll~er County, Florida GRANTS, GIFTS " TRUSTS DEP'l'. LIBRARY - .t-1ARCO ISLAND DESCRIPTION: To transfer funds from "Office Furniture " Equipment" to office supplies. This amendment amends the object code previously approved as Budget Amendment 79-81~ TO (Increasf'!): Office Supplies 601-571-1-10-86-050-510 $ 870. FROM (Source of Funds): Office Furn. & Equip. 601-571-1-10-86-050-642 $ 870 Prepare y: S.M. Fain Date: D r. Date: Auq. 21, 1979 No. 79-119 :equested y: S.t1. Fain 'ate: 8/17/79 il te : S .. z..o.. 7 ISTRIBUTIOlh l!i Board Recorda (original) C!I Fiscal Officer L]r Department(s) Affected lJ(FinancG Deparbmont ~ Purchasing (Equipment only) Rev.6/6/79 HLU- August 21.1979 GUDGET AMENDMENT 79-120 RE RENOV~TIONS TO OFFICE OF JUDGE HAYES - ADOPTED IN THE Al~UNT OF $3,200 Commissioner Wenzel moved, seconded by Commissioner Pistor and carried unanimously, that the following budget amendment be adopted: oard of County Commissioners Collier County, Florida DEPT. BUILDING MAINTENANCE DESCRIPTION: Transfer of funds to cover cos~ of renovations to office of Judge Hayes per cost quote submitted by Geor.ge F. Kraft Company. TO (Increase): Imp. Other than Bldg. 001-519-1-10-08-000-630 $ 3,200.00 FROM (Source of Funds) : Contingencies 001-519-1-00-05-000-990 $ 3;200.00 D1r. Date: eguested y: Judge Hayes ate: Al>lEl &~ z..f)~ 1 , DISTRIBUTION: I:LI Board Records (original) li7 Fiscal Officer l:7 Department(s) Affected 21, 1979 No. 79-120 L31rinance Department t:i1 Purchasing (Equipment Only) Rev.6/G/79 flU' " . '" .... .' BOOK UIJa rACE tsl, .....;;;,......... '-I, ......... . , ECONOMIC DEVELOPMENT COUNCIL OF COLLIER COUNTY, INC., TRUSTEE MEMBERSHIP DUES FOR PERIOD 10/1/79 TO 9/30/80 IN THE AMOUNT OF Sl.OOO . APPROVED Following Fiscal Officer Hall's statement that ft was time for the annual renewal of the Board's participatfon fn the Economic Development Council of Collier County, Inc., as I Trustee member, Commissioner Wenzel moved, seconded by Commissioner Pistor and carried unanimously, that the Board's Economic Development Council of Collier County. Inc., Trustee membership dues in the amount of $1.000 for the period from 10/1/79 to 9/30/80, be approved. SATISFACTION OF LIEN RE PETER T. WESTDYKE - ACCEPTED - CHAIRMAN AUTHORIZED TO EXECUTE SAME Clerk of Courts Reagan requested authorization to execute I Satisfaction of lien against Peter T. Westdyke. stating the lien has been paid in full. Commissioner Wenzel moved, seconded by Commissioner Arch~r and carried unanimously that the Satisfaction of Lien/Peter T. Westdyke be accepted and Chairman authorized to execute same. . * * . * * * * * * * * * . 6DD1 U,.O rllCE ~. ."\8'J,,~' DISCUSSION RE DEFERRED COMPENSATION'PLAN FORCOUHl'Y EMPLOYEES-POSTPONED UNTIL LATER DATE BY DIRECTION OF THE BOARD' '.. , Clerk Reaqan stated he has been contacted several times by a representative of PEBSCO asking if the item of "Deferred Compensation-for County employees could be discussed at a workshop meeting of the Board of County Commissioners. ~e requested the Board's\directions on the ,answer to ,be given. Following Commissioner Wimer's remarks that h. would not mind giving such a benefit to the employees but he would mind the Coun~ Staff having to spend a great deal of time on getting the plan instigated and carried out; Clerk Reagan,'s statement that he could not make an evaluation of such a plan and County Manager Norman's explanation that there is no time in his schedule to do research on the subject, it was the direction of the Chair that the item be postponed until a later date. PLANNING DEPARTMENT REQUESTED TO "SIMPLIFY THE FORMULA IN DETERMINING THE DENSITY FIGURE" FOR USE BY THE BOARD AND THE PUBLIC RE FUTURE PROJECTS Commissioner Wenzel moved, seconded by Commissioner Wimer and carried u~animo~sly, that the question of a simplified formula fot determining the number of units per acre of land be directed to the Planning Department for research and composition. Commissioner Wenzel stated his request could be incorporated with the previous liST" and "TDR" issues now being examined by the Planning Department. RESOLUTION 79-126 WAIVING THE COMPETITIVE BID REQUIREMENT FOR THE PROCUREMENT OF STREET LIGHTS FOR THE PELICAN BAY LIGHTING MUNCICIPAL SERVICE TAXING DISTRICT - ADOPTED Attorney Tracy Boles~. representing the Pelican Bay Improvement District, presented the request for waiving of tho competitive bid requirement for the procurement of street lights for the Pelican Bay Lighting Municipal Service Taxing District, stating that the requested street lights are a sole source item of the Sterner Lighting Systems, Inc. r .nissioner Wenzel moved. seconded by Commissioner Pistor and carried unanimously. that Resolution 79-126 waiving the competitive bid requirements for the procurement of street lights for the Pelican ~ Lighting Municipal Service Taxing District, be adopted. ;' "' August 2T '" 1979' RESOLUTION 79-127 AUTHORIZING THE PELICAN BAY IMPROVEMENT DISTRICT TO NEGOTIATE A L~SE-PURCHASE AGREE)~ FOR THE STREET LIGHTING EQUIPMENT FOR THE PELICAN BAY LIGHTING MUNICIPAL SERVICE TAXING DISTRICT - ADOPTED This itP.m was presented by Attorney Tracy Boles~ representing Pelican Bay Improvement District as the companion petition to the previous presentation and stated it is a request for the Board to authorize the Pelican Bay Improve- ment District to negotiate a lease-purchase agreement for the street lighting equipment for the Pelican Bay Lighting Municipal Service Taxing District. Commissioner Wenzel moved, seconded by Commissioner Archer and carried unanimously, that Resolution 79-127 authorizing the Pelican Say Improvement District to negotiate a lease-purchase agreement for the street lighting equipment for the Pelican Bay Lighting Municipal Service Taxing District, be adopted with the stipulation that the proposed lease-purchase agreement be reviewed by the County Attorney or the Assistant County Attorney before being executed. . . . * * * . * * * * * * * * '" .".. ,.... UV."tI\ .......,.., ,,,.,'" ....- August 21, 1979 REQUEST BY PAUL O. LINDABURY TO RETAIN LETHAL YELLOWING PROGRAM EMPLOYEE, TED MORGAN. IF THE LETHAL YELLOWING PROGRAM IS DE~ETED FROM THE FY 1979-80 BUDGE Admiltistrative Aide Mary ~rgan read a letter, dated August 15, 1979, from Mr. Paul D. Lindabury requesting the retention of Lethal Yellowing Program employee, Ted Morgan, in some capcity even if the Lethal Yellowing Program itself is deleted from the FY 1979-80 budget. NAPLES KIWANIS CLUB'S OFFER TO PLACE PLAYGROUND EQUIPMENT AND FENCE AT THE HEALTH DEPARTMENT PORTION OF THE COURTHOUSE COMPLEX - ACCEPTED Administrative Aide Mary Morgan reviewed the request that was heard by the Board at the meeting of August 14, 1979, saying the legal liability of the County was to have been looked into before the Board accepted the Naples Kiwanis Club's offer to place playground equipment with a fence for the use of the children waiting for service at the Health Clinic at the Courthouse Complex. Assistant County Attorney Pires reported that the County's liability insurance would cover such an installation and after Commissioner Archer had verified that the County would be responsible for the maintenace of the playground, Commissioner Pistor moved, seconded by Commissioner Archer and carried unanimously, that the Naples Kiwanis Club's offer to place fenced playground equipment at the Health Clinic at the Courthouse Complex, for use by the children waiting for service, be accepted. LITTLE lEAGUE GIRLS TEAM'S REQUEST FOR CONTRIBUTION TO THEIR TRIP TO WACO, TEXAS RE WORLD SERIES - APPROVED IN THE AMOUNT OF $400 Assistant County Attorney Pires reported that it would be to the County's intent to support the little League Girls Team as any Collier County citizen can join and participate in such activities, stating the report was being given as a request of the Board during the meeting of August 14. 1979. Commissioner Archer moved, seconded by Commissioner Wenzel and carried unanimously, that a contribution of $400, equaling that amount given by the City of Naples, be given to the Little League Girls Team to help cover their expenses incurred on their trip to Waco, Texas. August 21, 1979 CERTIFICATES FOR CORRECTION ON 1978 TAX ROLL - APPROVED FOR CHAIRMAN'S SIGNATURE Comm:ssioner Wenzel moved, seconded by Commissfoner Pistor and carried unanimously, that Tax Certificates for Correction on the 1978 Tax Roll re Tangible Personal Property - Nos. 57-1978 through 62-1978 and dated August 15, 1979 through August 20, 1979. be approved and the Chairmln authorized to sign same. CHAIRMAN AUTHORIZED TO SIGN (AFTER-THE-FACT) LETTER TO THE U.S. ARMY CORPS OF ENGINEERS REGARDING STATUS OF JOINT APPLICATION WHICH THE COUNTY HAS WITH PELICAN BAY FOR DEVELOPMENT OF A PORTION OF LAND Commissioner Archer moved, seconded by Commissioner Pistor and carried unanimously, that the Chairman be authorized to sign an (after-the-fact) letter to the U.S. A~ Corps of Engineers regardinp the status of a joint application which Collier County has with Pelican Bay for the development of a portion of land. GAIN TIME FOR INMATE MUB 179-1-3 - APPROVED As requested by James T. Lester, Warden of Collier County Prison Stockade, thirty (30) days of added gain time were awarded to Inmate MJB #79-1-3, changing his release date from the facili~ from October 18, 1979 to September 19, 1979 when Commissioner Archer moved, seconded by Commissioner Wenzel and carried unanimously. that Warden Lester's recommendation be approved. CHAIRMAN AUTHORIZED TO SIGN LETTER OF THANKS BUT DECLINING MR. DOUGLAS MCGOON'S OFfER OF 10 ACRES OF PROPERTY FOR USE BY THE PARKS AND RECREATION DEPARTMENT Commissioner Wimer moved, seconded by Commissioner Wenzel and carried unanimously, that the Chairman be authorized to sign a letter of thanks but declining the generous offer by Mr. Douglas O. McGoon, Jr. to donate 10 acres of land in the Copeland are to be used by the Coun~'s Parks and Recreation Department. FISCAL OFFICER HALL DIRECTED TO INCLUDE THE Ar<<)UNT OF $1,000 FOR THE NEW STATE' MANDATED "CHILD ABUSE PROGRAM" IN THE FY 1979-80 BUDGET AND TO INFORM DISTRICT SUPERVISOR FINE OF THE METHOD OF HANDLING SUCH CLAIMS A letter was received from Bill J. Fine. District Intake Supervisor, HRS. advising that on July 1, 1979. the Florida Legislature and the Governor enacted ~ODK 04t$ PACE 9Z nu~u~" "" '.n.J an extensively revised chapter 827.07, relating to child abuse and one of these changes directly effects the County in which alleged child abuse is 1n~estigated. Chapter 827.07(5), specifies in part "Any licensed physician who has reasonable cause to suspect that an injury was the result of child abuse may authorize a radiological examination to be performed on the child without the consent of the child's parent, legal guardian or legal custodian. The County in which the child is a resident shall bear the initial costs of the examination of the allegedly abused child; however, the parent, legal guardian, or legal custodian shall be required to reimburse the County.. .It District Intake Supervisor Bill Fine requests that the Board set aside a sum of $1,000 for this program and to advise him of the method by which this part of the law is to be carried out. Commissioner Archer moved. seconded by Commissioner Wimer and carried unanimously, that Fiscal Officer Hall be directed to include $1,000 in the FY 1979-80 budget for the State-mandated "Child Abuse Program" and to advise Mr. Fine as to the method by which the County will carry out this part of the law. PROPOSED TAX REFORM SUGGESTIONS FROM REPRESENTATIVE PAUL NUCKOLLS - ACCEPTED Administrative Aide Mary Morgan presented a letter from Representative Paul Nuckolls that included news releases regarding the proposal of the Governor's Tax Reform Committee to alter the structure of the tax bases in the state. INFORMATION ON PROPOSED GAS TAX REFERENDUM Administrative Aide Mary Morgan reviewed the memo of 8/14/79 from the County Manager's office in which proper dates and costs of holding a referendum are submitted. She stated this particular information is offered as background for considerations affecting the possibility of scheduling a proposed 9th cent gas tax referendum. Commissioner Archer commented that this particular item had been deleted from the ballot. August 21, 1979 MISCELLANEOUS CORRESPONDENCE - FILED AND/OR REFERREO There being no objection, the Chair directed that the following correspondence be filed and/o~ referred to the various departments as indicated below: 1. Copy of Dept. of Natural Resources Permit A79-P-loo issued 7/19/79 to Sunset House North Apts. of Marco Island for con- struction to begin before 1/19/80 and to be completed by 1/19/81 seaward of the Coastal Construction Setback line _ Copy to Or. Spagna and filed. ' 2. Notice dated 8/9/79 from the Southeastern Federal Regional Counc Region IV announcing a White House Conference on Rural 'Transpor- tation to be held Sept. 19-20. 1979 in Atlanta- Invitation to BeC or staff members - Response requested prior to 9/14/79 Referred to Mr. Norman and Dr. Spagna and filed. 3. July 1979 notice from the Bureau of the Census re the conduct of the 20th Decennial Census - Contains info needed to acquaint the public with the importance of the Census- Referred to Dr. Spagna and filed. 4. Notice dated 8/17/79 from the NThe White HOuse' re the country's need to become more energy efficient ar.d, self-sufficient _ Referred to Coun~ Manager and filed. 5. Letter dated 8/16/79 transmitting the Department of Revenue's 'final approved vGrsion of the Property Appraiser's budget for FY 1979-80 - Filed 6. Letter dated 8/16/79 from school pSYChologist in Collier County requesting the creation of a local classification for licensing same - Copies to County Manager. Coun~ Attorn~ and the'Licensin Board for psychologists and filed. 7. Resolution regarding House Bill 1046 received from DeSoto County DCC regarding said adopted legislation and the costs it is placin upon local governments as per the ludit requirements - Filed 8. Devil's Garden Water Control District tax levy received - $.62 pel acre - Filed. 9. DER permit 0011-5929 issued 8/7/79 to Tarpon Village Condominium to operate a pOllution source - Copy to Utility Director Berzon . and filed. 10. Copy of letter responding to items noted in 7/27/79 review of the CETA program within the county - Filed 11. Letter date 8/13/79 regarding vandalism in the St. Croix Condomini Club area from Mr. Rohlf - Filed. 12. Letter dated 8/14/79 from Mrs. Don Bisbee regarding the zoning laws as adopted and the Bec's frequent granting of variances. etc. MOK 048 PACE 94- August 21, 1979 13. Public Service Commission Notices: Filed 1. Docket No. 790666-CCT for Pope Moving & Storage Service. to transport household goods to all points in Florida, certificate of public convenience and necessity. 2. Docket No. 790630-CCT for extension of certificate issued to Allan Barry Rudick to transport furniture and stationary supplies as well as household goods in Lee and Collier Counties. 3. Docket No. 790640-CCB for certificate of public convenience and necessity. for Happiness Is, Certif. No. 1202. 14. Departmental Reports received from the Library for July, 1979 and the Golden Gate Community ~enter Advisor,y Committee - Filed ." * ." . * .. * .. RECESS: 11:50 A.M. until 7:30 P.M. ." * * * * * * ." The meeting was reconvened at 7:30 P.M. with the following members present.: CHAIRMAN: David C. Brown VICE-CHAIRMAN: Clifford Wenzel John A. Pistor C. R. "Russ" Wimer Thomas P. Archer ALSO PRESENT: William J. Reagan, Clerk, Harold L. Hall, Chief Deputy Clerk/Fiscal Officer. Edna Brenneman, Deputy Clerk, C. William Norman, County Manager. and Robert Best Budget Analyst. AGENDA ., ,.:.. , 1. Proposed budget for Federal Revenue Sharing Funds for FY 1979-80 2. Tentative (proposed) budget for Board of County Commissioners FY 1979-80 OPENING COMMENTS BY CLERK WILLIAM REAGAN Prior to addressing those matters for which the meeting was reconvened, Chairman Brown called upon Clerk William Reagan to make In opening statement having to do with the preparation of the FY 1979-80 Budget. Mr. Reagan said that he would be remiss in his duties if he did not publiCly acknOWledge the dedication and the hard work performed by the people behind the scenes who put .; ,.....':11....",... .... "'" 4."" I "" together the 5-to-600 page document in a neat uniform package with the end result, hopefully, a reduction in millage, which is the ease this year. He said that a great dpal of the success of the financial management system is due to his Fiscal Officer Harold Hall who has done a "great Job", and to his assistant Bob Best, together with Fred Marks, the Data Processing Director. He said that the Board can be proud of the budget being presented t~ the public for them to review and see what the County Government is costing the taxpayers of the County. Chairman Brown joined Mr. Reagan in praising Mr. Hall and his staff in the work which has been done in the preparation of the budget being presented this date. . Fisc! 1 Offi cer Harol d Hall expressed hi s appreciation to the County Manager. the Utilities Director, the various department heads and to the Board itself for the good work they did in their respective positions in the preparation of what he considers a good economical budget. PROPOSED BUDGET FOR FEDERAL REVENUE SHARING FUNDS FOR FY 1979-80 - APPROVED IN THE AMOUNT OF $686.113. Legal notice having been publiShed in the Naples Daily News on August 13, 1979 iiS eviderlced by Affidavit of Publication filed ioIith the Clerk, public hearing was opened to consider the proposed budget for Federal Revenue Sharing Funds for FY 1979-80. Fiscal Officer Hall said that the Board has proposed that all Federal Revenue Sharing Funds for FY 1979-80 be moved into the Road and Bridge Fund for use as a part of the regular operating budget for that Department which he said has been done. Mr. Hall noted that this was the consensus of the Board after hearing public conments and suggestions at the "Proposed Use Hearing". Continuing, Mr. Hall said that it would be proper at this time to hear from the public for their comments and suggestions regarding the subject funds. County Manager C. William Narman noted that there were several persons expressing a desire to address the Board. however, there was no indication as to whether or not they wished to speak on the matter of Federal Revenue Sharing Funds. All of the registered individuals declined the opportuni~ to comment on this particular subject, following which Commissioner Wenzel moved, seconded by Commissioner Pistor and unanimously carried 5/0, that the public hearin9 be closed. .. . '" ....- IJUUII W":fV (/lilt ...v ""::1""01 '" '". J a.Jl.J Commissioner Wenzel moved to approv8the Federal Revenue'Sharfng Budget for FY 1979-80 in the amount of $686,113. The motion was seconded ~y Commfssivner Pfstor and unanin~usly carried 5/0. . 'It * * * * * . * TENTATIVE (PROPOSED) BUDGET FOR BOARD OF COUNTY COMMISSIONERS FOR FY 1979-80 - ADOPTED, AS AMENDED Legal notice having been published in the Naples Daily News on August 13, 1979 as evidenr.ed by Affidavit of Publication filed with the Clerk, public hearing was opened to consider the Board of County Commissioners, Collier County, Florida Proposed Budget for FY 1979-80. Fiscal Officer Harold Hall explained that the sUbject budget includes all funds budgeted by the Board under Chapters 125 and 153 Part I. and covers all funds being administered by the Board except the County Water-Sewer District, the Immokalee Water & Sewer District, and the Marco Water & Sewer District. He said that each of those three Districts are separate legal entities established under Chapter 153 Part II and for each of these the Board is the Ex-officio Governing body and has a completely separate budgeting process than the one under discussion this date. He said that water and sewer funds will be addressed but only for those dependent districts under the Board of County Commissioners. Referring to the summary sheet which was distributed. Mr. Hall said that the County-Wide Funds upon which the County-Wide millage is based upon totals $23,3C4,759 a.ld noted that the current millage is 5.47 ;Ili11s. however, said Mr. Hall, the millage to fund the proposed budget is 5.45 mills - down by .02 mills. Mr. Ira Evans, representing the Marco Island Taxpayers' Association, stated that the Association has had the utmost cooperation from Mr. Hall and his staff and any information requested has been provided. Mr. Evans addressed many points in the budget, among them the 22.4% increase in the General Fund, urging the Board to order every department to strive for a 5% reduction from the hudget with periodic reports to be forthcoming on the progress towards accomplishing that Objective. Other points touched upon was the organizational change which indicates an increase in excess of $100,000 per year with no identified corresponding reduction in expenses; the lack of information regarding personnel content in the budget. the high cost for police protection in the County which is high compared to other communities. and the like. One of the recommendations made by Mr. Evans was that a policy be established wherein no capital expenditure be financed over a period greater August 21, 1979 than the life of the facility for which financing is arranged. Hr. Hall assured Mr. Evans that the B~ar~ has established such a policy and that the policy is being followed. Mr. Mike Zewalk. representing the North Naples Area Civic Association, was critical of the small reduction in the millage rate which is proposed in view of the fantastic growth within the County which brings with it large increases in dollars. Responding to this comment, Commissioner Wenzel pointed out that there is no town in the country where growth pays for growth, to his knowledge, further commenting that if the various civic groups, as an overall organization, would state to the Board that certain services can be done without, taxes could be cut. Mr. Zewalk expressed concern over the growing number of employees in County government which is partially caused by absorbing CElA employees. He concluded by challenging the Board to instruct every department to reduce its budget by 5%. Commissioner Wimer expressed the hope that in the years to come that the same complaint can be made about the small decrease in taxes instead of having to respond to a room filled with persons complaining about a large increase. Mr. Virgil Patch, representing the Contractors' Licensing Board, urged the Board to reconsider its action whereby the position of Compliance Officer was cut from the Building Department's bUdget. He explained the reasoning behind the request for such position. why, in his opinion, the duties of such position cannot be assumed by the Department's present staff. County Manager Norman explained his reasons for not recommending the position, among them the fact that three inspectors were added to the Department recently because of the growth in construction during the last year which, in his viewpoint, will not continue during the coming years and which could cause a layoff of personnel. He said that he would like to work with the Department to develop a program whereby Building Inspectors can provide enforcement of the Contractors' Licensing Board regulations. It was Commissioner Archer's suggestion that possibly the pertinent ordinance should be rewritten, commenting that better legislation than what is nOwon the books is needed before inspectors bO~'" ~U rkllt &."'v August 21, 1979 can enforce the rules and regulations. Chairman Brown directed the staff to review the matter under discussion and come back ~'ith recommendatior.s on how the problems can best be resolved with Mr. Hall observing that if the workload in the subject area reflects additional needs adjustments can be made on an as-needed basis. as was done during the previous year. The last speaker expressing a desire to address the Board was Mr. George Stewart, Chairman of the Marco Island Fire Control District. Prior to his comments. Hr. Hall briefed the Board on the effect the 1051 ad valorem tax cap appears to have on the independent fire districts. He explained that the Board created the Marco Island MSTD and levied taxes in addition to the $20,000 cap which would be levied under the law in order to fund the budget of the Fire District. Further, said Mr. Hall, the state-r..ndated 1051 cap appears to apply to the $20,000 levied last year which will leave the Department short in its budget needs and. therefore, there has been some discussion that the MSTD should be continued. Mr. Hall agreed that the decision should have been made on July 15, 1979. however, when the tentative budget was prepared. it was not known at that time that the 105S applied. He said that, from conversations with the Department of Revenue, there are similar situations happending allover the State and that an attempt is being made to interpret the law on a case-by-case basis and to facilitate the local unit of government, as long as it is not going over the 105% on whatever the total endeavor was. He said that if it is requested by the subject District there would be need, with the Board's direction, to determine if the proposal can be added into the budget the same as was done the previous year. Mr. Steward concurred with Mr. Hall regarding the matter, stating that the statement from the Tax Assessor indicates that there will be a shortage of approximately $165,000 in funds to support the budget which is $215,000 with a cash carryover of $30,000. Commissioner Wimer moved that the staff look into the matter and take whatever appropriate action is necessary to assist inClUding, if necessary, August 21, 1979 the preparation of the proper resolution creating the MSTD. Commissioner Wenzel seconded the mostion. Hr. Hall requested that the motion be amended to include the proper dollar amount, noting that since this will be a change in the pUblished budget. a motion by the Board is necessar,y to make the Change. Clerk William Reagan inquired if the Legal Department has been consulted with regard to the matter with Mr. Hall responding in the negative noting that any action taken will be subject to the Department's approval. Mr. Reagan suggested that possibly the proposal should b. further reviewed and brought back to the Board. He said that his concern is the taxing of two different areas for one purpose and that Senate Bill 8 did not want this to happen. He further stated that even though a 105% c^P was mandated, it is still ad valorem taxes and noted that the Senate Bill mentioned is a strong one. He reiterated his request that County Attorney Pickworth be consulted. Commissioner Wimer observed that his motion on the floor still stood with Mr. Hall offering an alternative - that the Board approve the $166.000 budget and have the County Attorney's office advise as to the legality of the action prior to the establishment of the millage. He said that it is at that point where it must be known as to whether or not it can be done. In other words, said Hr. Hall. the budget can be approved but does not have to be funded at this time. pending the determination of the legality of the proposal. He said that if it cannot be done, then the millage would not be established. Commissioner Wimer agreed to amend his motion to include the approval of the $166,000 budget for the Marco Island Fire Control District with Commissioner Wenzel concurring in his seconding thereof. Upon call for the question, the motion carried unanimously 5/0. Hr. Hall reported that since the bUdget was published in the newspaper, two other changes have been discussed and recommended, one being a change in the dollar amount in the budget on the Port-au-Prince Engineering matter (Fund NO. 149-Special MST). Commissioner Wimer moved, seconded by Commissioner Archer and carried unanimously 5/0, that the budget figure in this regard be changed to $7,035, the Ad Valorem Taxes figure changed to $5,697, with no cash carryover, as recommended by Mr. Hall. aoOK V4~ PACE lU~ The other budget change being recommended, said Mr. Hall, is in the Victoria par~'Drainage fund (Fund No. 149-Special MSTD). Com- missioner Wp~~el moved, seconded by Commissioner Wimer and carried unanimously 5/0, that the budget figure for this matter be changed to $3,049, with the Ad Valorem Tax figure being correspondingly changed following calculation thereof. Mr. Hall stated that those changes conclude all of the known suggestions and changes to the published budget which appeared in the Naples Daily News on August 13, 1979. Commissioner Wenzel moved, seconded by Commissioner Archer and carried 5/0, that the public hearing be closed. Commissioner Pistor moved for tentative approval of the pro- posed budgets as presented and as published, with the changes recom- mended by Mr. Hall. Commissioner Archer seconded the motion which carried unanimously 5/0. BCC ESTABLISHES DATE OF SEPTEMBEa 11, 1979 FOR MILLAGB RATE HEARING; PUBLIC HBARING AUTHORIZED FOR ADVERTISING Commissioner Wimer moved, seconded by Commissioner Archer and unanimously carried 5/0, that authorization be given for advertising public hearing on millage rates on September 11, 1979. There being no further business for the qood of the County, the meeting was adjourned by order of the Chair - Time: 8:45 P.M. BOARD OF COUNTY COMMISSIONERS EX-OFFICIO GOVERNING BOARD(S) or SPECIAL DISTRICTS UNDER ITS CONTROL J;~ ~-~ 1l OWN, IRMAN _ .. ~) .. - " ,'" .',.. . .'~ ~~ '~':.., -" - ,.... , '.. '" -f"'I ~.