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BCC Minutes 11/06/1979 R Naplest Floridat November 6, 1979 LET IT BE REMEMBERED, that the Board of County Commissioners in and for tho: Count.Y of Colliel', i':1d also acting as the Governing Boards(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. P1stor 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; Irving Berzon, Utility Director; Clifford Barksdale, Public Works Administrator/County Engineer; Donald A. Pickworth, County Attorney; Anthony Pires, Assistant County Attorney, Lee Layne, Planner; Dr. Danny Crew, Planning Director; and Captain J. B. Singletary, Sheriff's Department. BOARD OF COUNTY COMMISSIONERS FINAL AGENDA NoveMber 6, 1979 NOTICE: ALL PERSONS SPEAKING ON ANY AGENDA ITEM MUST REGISTER PRIOR TO THE ITEM BEING HEARD. REQUESTS TO ADDRESS TEE 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.M. 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3 . APPROVAL OF AGENDA 4. APPROVAL OF MINUTES: 5. PROC~.M.\TIONS AND PRESENTATIONS OF AWARDS ('~ 050 ~~n7 !'6bl( 050 PAC! ~10 November 6. 1979 WORKSHOP AGENDA 1:30 p.m. 1. Presentation oy ~ames F. Vensel, representing Deltona Corp. of modified plan for pending permit applications (Dept. of Environmental Regulations and the U.S. Army Corps of Engineers) for Marco Shores development. 1< 2. Continued use of ST designation and TOR's (Board directive of 7/31/79); Proposed revision to formula controlling multiple family density standards (BCC directive of 8/21/79); and 1< 3. 1< 4. Revision to Comprehensive Plan to add industrially zoned lands to Work study Area #4 (BCC directive 8/7/79) . *These items may be taken up in the morning following conclusion of regular agenda. *Denotes additions to the Preliminary Agenda. AGENDA - APPROVED WITH ADDITIONS/DELETIONS ConrniSSloner Pistor moved, seconded by Commissioner Wenzel and unanimously carried, that the agenda be approved with the folloWing additions/deletions: 1. Approval of minutes of October 16, 1979 - Deleted. (Previously approved) 2. Proclamation designating "Tennis Week in Coll fer County" _ Added. 3. Appointments to Steering Committee re Naples Bay Report _ Added. 4. Consideration of settlement agreement for a permit application case involving the County and DER, and a County Landowner - Added. 5. Presentation by The Deltona Corporation of modified plan for pending permit applications - Deferred indefinitely. (Workshop Agenda item) APPROVAL OF MINUTES - NONE Chief Deputy Clerk Harold Hall advised that there would be no minutes presented for Board approval this date, noting that the minutes of the meeting of October 16, 1979, scheduled on the agenda. were previously approved. November 6_ 1979 PROCLAMATION ESTABLISHING THE WEEK OF NOVEMBER 12. 1979 AS "TENNIS WEEK IN COLLIER COUNTY" Following his reading of same, Commissioner Archer moved that the following proclamation designating the week of November 12, 1979 as "Tennis Week in Collier County" be adopted. The motion was seconded by Commissioner P1stor and unanimously carried. ." ." ." 1< ." ." ." * * ." aOOK 050 PAct ill November 6_ 1979 ORDINANCE 79-90 RE PETITION R-79-27C, GAC PROPERTIES. INC., REQUESTING VARIOUS ZONING CHANGES FOR PROPERTY LOCATED IN BLOCKS 30. 73. AND 74, GOLDEN GATE CITY UNIT 2 - ADOPTED SUBJECT TO STIPULATION5; ~ETITIONER'S AGREEMEI. r TO STIPULATIONS - A~~EPTED Legal notice having been publiShed in the Naples Daily News on September 21. 1979 as evidenced by Affidavit of Publication previously filed with the Clerk, public hearing was continued from October 23. 1979 to consider a proposed ordinance with regard to Petition R-79-27C, filed by GAC Properties, Inc., requesting various zoning changes for property located in Blocks 30. 73. and 74, in Golden Gate City Unit 2. Planner Lee Layne reviewed the rezoning being requested as follows, locating the properties on the map displayed: 1. From IRM-2" to "C-I" - Lots 1-10, Block 73 (east side of 40th Terrace, S.W. running from Green Blvd. to 1Bth Avenue). Z. From "RM-Z" to "GRC" - Lots l-Z0. Block 74 (running from 18th Avenue to ZOth Place). 3. From "GRC" to "RM-IB" - Block 30 (on the corner of 22nd Avenue, S.W. and 42nd Street) Ms. Layne recalled that at the last hearing on the matter the Board requested the County Engineer to investigate the condition of the roads ir the commercial area and that some stipulation be made toward buffering the property. Referring to the memorandum dated November 2_ 1979 from the County Engineer to the Pl.anning Director, Ms. Layne noted that the inspection has been n~de and it is recommended that 40th Terrace, S.W., from 20th Place, S.W. to 18th Avenue, S.W., be overlaid with 1" of asphaltic concrete, and pointed out that the remaining portion of 40th Place, S.W., from 18th Avenue. S.W. northward. will be reconstructed by GAC as a part _ of the water and sewer line installations currently being placed. Concern- ing the buffering matter, Ms. Layne said that there is no provision in the Zoning Ordinance addressed specifically to the areas along rights-of- way; however, in her opinion, the same buffering required for off-street parking could be applied in this instance. eOOK 050 PAGE113 IlUIIl Y\JV rAilt.a...L.. November 5, 1979 Mr. Wafaa Assaad. of Wilson, Miller. Barton. Soll & Peek. Inc.. representing the petitioner, indicated accord with the stipulations proposed by the County staff and as discussed during the previous hearing. Respondin9 to a query by Co~issioner Wenzel_ Mr. Assaad stated that the rezoning of the properties will result in less commercial zoning than presently exists. There being no persons in attendance expressing a desire to speak on the matter, Commissioner Wenzel moved, seconded by Commissioner Pistor and carrie~ unanimously. that the public hearing be closed. Commissioner Wenzel moved_ seconded by Commissioner Wimer and unanimously carried, that the Ordinance, as numbered and entitled below, be adopted and that the petitioner's Agreement to the stipulations. as detailed below_ be accepted. The makp.r of the motion clarified his motion to cover the actions taken, as follows: 1. Approve the rezone from "GRC" to "RM-IB" on Block 30, with the following stipulation: (a) Site drainage plan be submitted to and approved by the County Engineer prior to the issuance of any building permits; 2. Approve the rezone from "RM-2" to "GRC" on Lots 1-20, Block 74; and 3. Approve the rezone from "RM_2" to "CI" on Lots 1-10. Block 73; With the additional stipulations that: 1. 40th Terrace, S.W., from 20th Place, S.W. to 18th Avenue, S.W., be overlaid with 1" of Type S-1 or Type II Asphaltic Concrete, and 2. A landscape buffer shall be provided along 40th Terrace, S.W., so as to be 80S opaque, and 3' high. ORDINANCE 79 - 90 AN ORDINANCE AME1\IDING ORDINANCE 76-30, THE COMPREHENSIVE ZONING REGULATI~~S FOR THE UNINCORPORATED AREA OF THE COASTAL AREA PLANNING DISTRICT BY AMENDING THE ZONING -ATLAS MAP NUMBER 49-26-6 BY REZONING THE FOLLOWING DESCRIBED PRO- PERTY FROM "RM-21t RESIDENTIAL MULTI- FAMILY TO "CI" COMMERCIAL INDUSTRIAL, FROM "RM-2" RESIDENTIAL MULTIFAMILY TO "GRC" GENERAL RETAIL COMMERCIAL AND FROM "GRe" GENERAL RETAIL COMMERCIAL TO "RM-IB" RESIDENTIAL MULTIFAMILY: BLOCK 73, LOTS 1 THROUGH 10, GOLiJEN GATE SUBDIVISION UNIT 2, BLOCK 74, LOTS 1 THROUGH 20, GOLDEN GATE SUBDIVISION UNIT 2, AND ALL OF BLOCK 30, LESS THE NORTH 275 FEET THEREOF, GOLDEN GATE SUBDIVI- SION UNIT 2 AND BY PROVIDING AN EFFEC- 'l'T~1T.' T'I ~ 'M:' bOOK 050 PACE 116 November 6. 1979 ORDINANCE 79-91 RE PETITION NZ-79-6C, COUNTY PLANNING DEPARTMENT AND MODERATE INCOME HOUSING COMMITTEE. REQUESTING AMENDMENT TO SECTION 24 OF ORDINANCE 76-30 RE "RM-IC" DISTRICT - ADOPTED. AS RECOMMENDED BY STAFF, FOLLOWING CORRECTIq~ OF TYPOGRAPHICAL ERROR Legal notice having been ~ublished in the Naples Daily News on September 6, 1979 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was continued from October 23. 1979 with regard to Petition NZ-79-6C. by the County Planning Department and Moderate Income Housing Committee, requesting an amendment to Section 24 of Ordinance 76-30 by incorporating the regulations of the IIRM-IC" District into the PUD District. Planner Lee Layne recalled that the staff was requested at the public hearing of October 23, 1979 to prepare language for the subject district that would provide for a site plan at the time of rezoning and language to guarantee the intent of the developer. She said that the staff is proposing that the "RM-1C" District regulations be incorporated into the PUD District and that certain requirements of the PUD District be excluded or exempted for a developer who is proposing moderate income housing, and listed them as follo~s: 1. Architectural drawings; 2. Professional services of an urban planner. civil engineer or architect; and 3. Homeowner's Association Documents. Ms. Layne provided the Board with the reasons w~y the above exclusions are being proposed, noting that the first two matters are not needed until a building permit is requested and/or required, and the latter documents are not required for a rental project. Addressing Commissioner Pistor's concern about the possibility, in future years, of children being excluded from such housing developments, Dr. Danny Crew, Planning Department Director, explained that such safe- guard could be incorporated into the PUD document which is reviewed by the Board and, in the event such language is not included, the Board can direct that it be provided therein. Other matters discussed by the Board. November 6, 1979 and responded to by staff, included the costs involved in preparing a "PUD" document, the rules and regulations which might tend to discourage developers from providing 10w,'l,;o5t housing, and the like. Mr. Mike Zewalk_ representing the North Naples Civic Association, expressed concern over the developers controlling the rents to be charged and, for this reason such housing will not help low-income persons living on a fixed income. Among his suggestions were additional facilities such as the Goodlette Arms Apartments complex and the establishment of a housing authority. Messrs. Arthur David and David Graham declined the opportunity to address the Board, and Mr. Jay Bishop deferred his comments to later in the Session. Mr. William Barton observed that the prOblem in providing low-cost housing cannot be solved by the government alone_ although commenting that government can help. He urged the Board to adopt a reasonable ordinance which will enable a developer to assume the risks involved and enable him to make a fair return on his investment. Dr. Crew expressed sympathy with both Mr. Zewalk's and Mr. Barton's viewpoints and said that he would be bringing to the Board, within the next six , mnnthc;, An outl i ne of varfous proqrams whi ch are avail abl e through HUD which are essentially private programs with the County acting as a catalyst. Mr. Jay Bishop, representing the Naples Area Board of Realtors, was the last speaker to address the Board and, among his cumments, said that his organization is in favor and in harmony with the PUD proposal presented. Commissioner Wimer moved, seconded by Commissioner Pistor and carried unanimously, that the public hearing be closed. Commissioner Pistor moved that th~ ordinance, as numbered and entitled below, be adopted. Dr. Crew pointed out a typographical error in the ordinance 800K Q50 PAlif,117 Bf>OK GoU PAct 118 November 6. 1979 draft, as contained in Section 24 Paragraph F (1) (d) which he said will be corrected prior to execution by the Board. said paragraph to rea~, as follows: That the creation of this district would discourage young families, presently unable to find affordable housing, from moving elsewhere, Commissioner Wimer seconded the motion. Ms. Layne explained how Section 24, Planned Unit Development District, would be amended to include the addition of Multi-Family Entry Level Rental Housing Areas in said district. Upon call for the question, the motion carried by unanimous vote. ORDINANCE NO. 79- -31- AN ORDINANCE AMENDING ORDINANCE 76-30, THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF THE COASTAL AREA PLANNING DISTRICT BY AMENDING SEC- TION 24 - PLANNED UNIT DEV~LOPMENT DIS- TRICT TO ALLOW FOR ENTRY LEVEL MULTI- FAMILY RENTAL DWELLINGS AND BY PROVIDING AN EFFECTIVE DATE. PETITION NZ-79-8C, COUNTY PLANNING DEPARTMENT, REQUESTING AN AMENDMENT TO SECTION 29 OF ORDINANCE 76-30 BY ADDING SECTION 29.1 MOBILE HOME RURAL ESTATES DISTRICT - DENIED Legal notice having been published in the Naples Daily News on September 6. 1979 as evidp.nced by Affidavit of Publication filed with the Clerk, public hearing was continued from September 25. October 23, and October 30, 1979 for consideration of Petition NZ-79-8C. by the County Planning Department. requesting an amendment to Section 29 of Ordinance 76-30 by adding Section 29.1 Mobile Home Rural Estates District. Planner Lee Layne stated that there have been no changes to the wording of the amendment since thp. earlier hearings and that the staff is still recommending that the petition be approved. Having been apprised that there were no persons registered to speak on the matter, Commissioner Archer moved. seconded by Commissioner Pistor and unanimously carried. that the public hearing be closed. Commissioner Archer moved, seconded by Commissioner Wimer, that the resolution with regard to Petition NZ-79-8C amending Section 29 of November 6. 1979 Ordinance 76-30 by adding Section 29.1, Mobile Home Rural Estates District, be adopted. The vote on the motion was 3/2 with Commissioners Wenzp.~ and Pistor voting fr. opposition. Responding to Commissioner Archer's query as to whether or not a requested amendment to the pertinent section of Ordinance 76-30 requires a 4/5 vote of the Commission, County Attorney Pickworth said that the Special Act states that amendments to the Zoning Ordinance requires a 4/5 vote; however. he said that he would research the Special Act further. Mr. Pickworth further commented that there is a peculiar provision in the Special Act which requires a 4/5 vote for amendments to the Zoning Ordinance, adding that in most places the State General Statutes on Zoning do not require such vote. He explained that in many communities a s1mple majority Is suffic1ent to amend the ordinance unless a certain percentage of people in the area, with regard to a specific land parcel, sign a petition in opposition, in which event a 4/5 vote is required. PETITION SMP-79-5C, TAGE BERTELSEN, REQUESTING SUBDIVISION MASTER PLAN APPROVAL FOR PROPERTY LOCATED IN 511, T50S, R25E - ADVERTISING AUTHORIZED FOR PUBLIC HEARING DECEMBER 4, 1979 Commiss1oner Archer moved, seconded by Commissioner Pistor and unanimously cdrl'led, that Petition SMP-79-5C, filed hy Tage Bertelsen. requesting Subdivis10n Master Plan approval for property located in Section II, Township 50 South, Range 25 East, located east of Shadowlawn School and known as Shadowlawn Cove, be advertised for public hearing on December 4, 1979. PETITION CCCL-79-5C. GEORGE L. VARNADOE FOR VBC LIMITED, REQUESTING A VARIANCE FROM THE COASTAL CONSTRUCTION CONTROL LINE - ADVERTISING AUTHORIZED FOR PUBLIC HEARING DECEMBER 4, 1979 Commissioner Archer moved, seconded by Commissioner Pistor and unanimously carried, that Petition CCCL-79-5C, filed by George L. Varnadoe for VBC Limited, requesting a variance from the Coastal Con- struction Control Line, established by Ordinance 75-19, for removal of approximately 100 small Australian pine trees from his property, be advertised for public hearing on December 4, 1979. BOOK 050 PACE 119 ~OO\( 050 rAGE 120. November 6. 1979 PETITION R-79-33C, WILSON, MILLER. BARTON, SOLL & PEEK. INC._ REPRE- SENTING CHARLES GUY _ REQUESTING REZONING FROM "A" to "GC" ON PROPERTY LOCATED IN S4_ T51S, R26E - ADVERTISING AUTHORIZED FOR PUBLIC HEARING DECEMBER 18, 1979 Commissioner Archer moved. seconded by Commissioner Pistor an carried unanimously, that Petition R-79-33C, by Wilson, Miller, Barton, Soll & Peek, Inc.. representing Charles Guy, requesting rezoning from "A" Agriculture to "GC" Golf Course on property located in Section 4. Township 51 South, Range 26 East, lying east of Barefoot Williams Road. be advertised for public hearing December 18, 1979. PETITION FDPO-79-V2, COLLIER COUNTY PARKS AND RECREATION. REQUESTING VARIANCE TO THE FLOOD DAMAGE PREVENTION ORDINANCE 79-62 - ADVERTISING AUTHORIZED FOR PUBLIC HEARING NOVEMBER 27, 1979 Commissioner Archer moved, seconded by Commissioner Pistor and carried unanimously, that Petition FDPO-79-V-2, filed by the Collier County Parks and Recreation Department, requesting a variance of 36" from the required minimum base flood elevation of II', as required by the Flood Damage Prevention Ordinance 79-62, be advertised for public hearing November 27, 1979. PETITION FDPO-79-VI. FERRIL BOUTILIER. REQUESTING ~ARIANCE TO THE FLOOD DAMAGE PREVENTION ORDINANCE - ADVERTISING AUTHORIZED FOR PUBLIC HEARING NOVEMBER 27, 1979 Commissioner Archer moved, seconded by Commissioner Pistor and unanimously carried, that Petition FDPO-79-V-l, filed by Ferril Boutilier, requesting a 36" variance from the required minimum base flood elevation of II', as required by the Flood Damage Prevention Ordinance 79-62, be advertised for public hearing November 27, 1979. PETITION PU-78-24C, ELHANON COMBS, REQUESTING PROVISIONAL USE (4) OF ESTATES DISTRICT FOR RECREATIONAL FACILITY ON TRACT 36 AND PART OF TRACT 34, UNIT 29, GOLDEN GATE ESTATES (ABC MINI-MALL) - CONTINUED UNTIL 11/13/79 Planner Lee Layne explained that the petitioner, Elhanon Combs, is requesting Provisional Use (4) of the liE" Estates District for a recreational facility not accessory to a principal use on Tract 36 and part of Tract 34, Unit 29, Golden Gate Estates, which is the site of the Mini Mallon Golden Gate Parkway encompassing approximately 7~ acres. Ms. Layne noted the receipt of one letter after the Planning Commission meeting with regard to the petition from Miss Christine November 6, 1979 Collins who recommends approval of the Provisional Use. Also filed for the record was a letter dated October 28. 1979 from Dale T. DeBusman, area resident. also in support of the petition. Continuing. Ms. Layne sai~ that the petition has been reviewed by the Planning Staff and recommended for denial for several reasons, which she read. and which are contained in the Executive Summary dated October 9_ 1979. Also. she said that the Coastal Area Planning Commission has recommended that the petition be denied based upon the staff's recommendation. Mr. Charles Brent Holleran, Agent for the petitioner. rlescribed the size of the building located on the property, the market value of same, the zoning of the property prior to adoption of the Zoning Ordinance and also the existing zoning. He provided the Board with a brief history of the various commercial uses of the property and what is being planned for it in the event the provisional use is granted. Addressing each one separately, Mr. Holleran responded in the contrary to the reasons for denial as put forth by the Planning Staff. He said that the pertinent ordinance provides provisional use for a recreational facility and that is what is being applied for, noting that the improvements planned for the property will enhance the area and provi de a facl1 ity which is badly needed in the County,and,to deny the petition,will be detrimental. Responding to Commissioner Wenzel, Mr. Holleran said that the facility will be used for legitimate plays, exhibitions. conferences. concerts, and the like. He said that there will be no food or liquor service. Mr. Cecil Farrell, working with the petitioners in their attempt to develop the building for the proposed use as a recreational facility, explained in further detail the contemplated use of the building, sug- gesting that the use will be for a civic center, probably on a once-or twice-weekly basis. He displayed photos of the existing building along with an artist's rendition of the proposed building following the plan improvements. 600K 050 PACE 121 &OOK 050 fAGE1.22 November 6. 1979 Commissioner Pistor voiced his concern over the exit planned onto 68th Street which he pointed out is two-laned and could be a problem. Mr. Farrell agreed that there w1l1 be a slowdown of traffic on 68th Street; however, he said that it would not interfere with the flow of traffic on Golden Gate Parkway. Mr. Bud Winkler, of the East Naples Civic Association_ said that Mr. Farrell attended thatorganization's Board of Directors' meetir.9 recently at which time the plans and proposal for the building wer,e presented. He said that the group was impressed with what is being attempted and could see no objections, as outlined by the Planning Department, in that the building originally was under the "C-Z" zoning; it is conforming, will be an asset to the community and the vote was unanimous in the backing of the proposition, and recommended that it be "grandfathered in" under the original "C_Z" zoning. Discussion followed with regard to whether or not sufficient parking spaces were being provided for with Mr. Holleran stating that the require- ments will be met. A further matter touched upon wa~ the interpretation of the word "recreation" and that the Zoning Director made the interpre- tation that the use would be for a legitimate theater and not for recreation u~age. per set and partly upon that basis. the staff's recommendation was for denial. Mr. Holleran questioned the interpretation made by Mr. Carl Clemmer, the former Zoning Director, suggesting that if such interpretation is correct. he was wrong in granting provisional uses for the other buildings in the subject area. He reiterated that the building will primarily be used as an exhibition hall. Mr. Ken Mulling, 68th Street. S.W. resident, expressed his concern over the maximum number of cars which could be involved at one time which he said could be 600 which is a "great deal" for a residential community. Further concerns expressed by the speaker are the possibility that in the future a restaurant permit would be sought and also a liquor license and that it is possible to "end up with nothing more than a bar at the end of the street". November 6_ 1919 Mr. Lance Hooks, East Naples resident, said that, in his opinion, there are not sufficient meeting places in the County and said that he believed that all of the prob1ems being addressed can be solved when "we get to them". Ms. Layne advised that, although the staff is recommending denial of the petition, in the event the Board should approve the petition, the staff would like the Board to approve it with the i~clusion of the stipulations contained in the Staff Report, reading the list of same. Mr. Holleran stated that there is no objection to the requirements of the Planning Department with one exception, that being the require- ments of the East Naples Fire Department, as contained in the Fire Chief's letter dated January 19, 1979. He said that these have been reviewed and that it is impossible to comply with most of these items, suggesting that most of the requirements are not in accordance with the law. He added that if the petitioner is asked to comply with the Fire Code, this would be agreeable; however, after careful search, the items contained in the subject letter are not supported by any law or fire code. Assistant County Attorney Pires said that certain portions recommended and cited in Chief Billman's letter are part of the Southe;n Standard Building Code which the County has adopted with certain amendments adopted for Collier County. Also, said Mr. Pires', the East Naples Fire Department has acted under their authority to adopt the 1978 National Fire Code. The discussion continued with Mr. Holleran expressing the opinion that certain matters do not apply to the particular type of building under discussion; i.e. the stipulation to install a sprinkler system which will cost in excess of $200,000. It was pointed out by Mr. Farrell that there is not sufficient pressure in that area to install a sprinkler system and that it cannot be hooked into a municipal water supply, so, therefore, this part of the subject requirements cannot be complied with. Mr. Elhanon Combs, the petitioner, said that in the Code there is a provision calling for installation of a sprinkler system if combustible materials are stored in the building, but, otherwise. it is not required. BOOK Q50 PACE 123 !OOK 050 'ACE 124 November 6, 1979 Dr. Danny Crew. Planning Director, pointed out that department stores. cafeterias, and the like require the installation of a sprinkler system and commented that the Planning Department and the Fire Department do not want to take the respon~ibility for the safety of possibly 1800 persons in the building. It was the consensus of the Board that the matter of complying with the East Naples Fire Department's requirements be further clarified with Mr. Pires stating that he would contact Chief Billmary in this regard. Further matters brought up by Mr. Pires which he said need to be addressed by the Board are the Zoning Director's decision that the proposed use does not constitute a recreational facility. and also the basis used by the Board in making a decision to grant or deny provisional uses, depending upon the recommendation made by the CAPC. Commissioner Archer moved for continuance of Petition PU-78-24C until November 13. 1979 in order to get,a determination of the afore- mentioned staff stipulation pertaining to the requirements of the East Naples Fire Department being complied with, and, also, the two points raised by the County Attorney's Assistant, all of which should be included in a memorandum to be prepared by the County Attorney and presented to the Board prior to their making a decision. The motion was seconded by Commissioner Wenzel and unanimously carried. 1< 11 11 RECESS: 10:28 A.M. until 10:40 A.M. 1< 11 11 RESOLUTION 79-167 RE PETITION PU-79-18C, DANIEL GOODACRE, III, REQUESTINr, PROVISIONAL USE (8) OF "GRC" FOR EQUIPMENT RENTAL ON PROPERTY LOCATED IN SID, TSIS. R26E - ADOPTED WITH STIPULATIONS. PETITIONER'S AGREEMENT TO STIPULATIONS - ACCEPTED Planner Lee Layne explained that the petitioner, Daniel Goodacre,III. is requesting a provisional use which will permit him to rent lawn and garden equipment, which he is now selling, on property located in Section 10. Township 51 South, Range 26 East. She said that the petition has been reviewed and approved by all County agencies in their areas of concern November 6. 1979 subject to certain stipulations and, further_ that the CAPC has recom- mended forwarding same to the Board for approval subject to said staff stipulations to which the p~titioner has agreed. Commissioner Pistor moved. seconded by Commissioner Archer and unanimously carried that Resolution 79-167 regarding Petition PU-79-18C, as filed by Daniel Goodacre. III, requesting Provisional Use (8) of the "GRC" District_ be adopted subject to the staff's stipulations; and, that the Petitioner's Agreement to the stipulations be accepted. Commissioner Wimer questioned why the zoning laws were such that a provisional use must be requested in order to rent rather than sell the same equipment. Ms. Layne stated that the intent was to cover the rental of U-Haul vehicles_ and the like, and noted that there were several uses in the "e-I" District which could go into the "GRC" District under provisional uses. She explained that during the six-month review the Planning staff will make some clarification between "C-I" and some provisional uses under "GRC" which will address the matter under discus- sion. * 1< 1< * * * * 800~ 050 PACE 125 * BOOK Q50 rAeE 130 November 6. 1979 BOARD ACCEPTS FROM THE DELTONA CORPORATION SPECIAL WARRANTY DEED FOR TRACT OF LAND FOR RIGHT-OF-WAY PURPOSES, SAID PARCEL KNOWN AS THE HAMLIN PARCEL IN MARCO BEACH UNIT 13 Pu~lic Works Adminisirat~r/County Engineer Clifford Barksdale explained that. in the platting of Marco Beach Unit 13_ a parcel of land known as the Hamlin Parcel. located southwesterly of the intersection of Indian Hill and Caxambas Drive, was not included as a part of Unit 13. He said that Tht: Deltona Corporation desires to deed to the County the right-of-way that is established by using a curved radius at the intersection_ this being harmonious with the surrounding subdivision, and that the Staff is recommending that the Board accept same for recording and dedication as right-of-way. Commissioner Wenzel moved, seconded by Commissioner Archer and unanimously carried, that the Special Warranty Deed_ offered by The Deltona Corporation, as explained above, be accepted. * * * * * * * * * November 6. 1979 CARNIVAL PERMIT NO. 79-1 APPROVED FOR ISSUANCE TO NAPLES JAYCEES TO OPERATE A CARNIVAL ON NOVEMBER 7. 1979 AT THE SWAMP BUGGY GROUNDS Following brief explanatio~ by Zoning Director Jeffory Perry_ Commissioner Archer moved, seconded by Commissioner Pistor and unani- mously carried. that the Board approve the issuance of Carnival Permit No. 79-1 to the Naples Jaycees to operate a carnival on November 7, 1979 at the Swamp Buggy Grounds, as recommended by staff. * * * * 1< * * * * 'OD~ 050 FACEt33 November 6. 1979 FISCHER. JOHNSON. ALLEN & BURKE, INC. AND SOUTHEASTERN MUNICIPAL BONDS, INC, (COMBINED FIRMS) SELEr.TED AS FINANCIAL CONSULTANT TO PROVIDE FINANCIAL ADVISORY SERVICES IN CONNEtT!ON WITH FUNDING DEVELOPMENT OF THE COUNTY'S WATER AND SEWER UTILITY SYSTl~~ Utility Director Irving Berzon recalled that on October 2, 1979 the Board heard oral presentations by representatives from various financial firms and that the selection of a firm was deferred, to be brought back :t a later date for further consideration. Mr. Berzon said that within the past week he has received material indicating the charges that the firms would make for the services rendered which, he said, are very comparable, particularly up to the $10,000_000 bond issues, at which point the charges begin to "spread out". Following brief further discussion_ Commissioner Archer moved_ seconded by Commissioner Wimer, that the Board appoint the combined firms of Fischer, Johnson, Allen & Burke. Inc. and Southeastern Municipal Bonds, Inc. to represent the Board as financial advisors for services in connection with funding the development of the County's Water and Sewer Utility Systems. Mr. Berzon emphasized that the firm selected for the service will exclude that firm from purchasing the bonds or from being involved in any way in the bond transaction once the offer is prepared and ready for marketing. Commissioner Archer concurred with Mr. Berzon by stating that the firms involved are strictly financial consultants - not under-writing houses, and the like. Mr. Berzon observed that the firms propo~ed also have such capacity but are excluding themselves from that - in their proposal. Responding to Chairman Brown as to whether or not the Board is taking appropriate action, County Attorney Pickworth said that the Competitive Negotiation Act does not cover the type of services under discussion so, in his opinion. the Board was acting properly. Upon call for the question, the motion carried 4/1 with Commis- siOtler Wenzel voting in opposition. BOOK 050 fACE 135 eOOK U~U rAGE ~ti . . November 6, 1979 Mr. Berzon further commented that the resulting contract_ in his opinion, is terminable upon 30 days' notice of each party so that the Boa-d has not really ~ommitted itself to anything in the event the Board does not like the servlc~~ or the results of what their proposals are. BIDS NOS. 380 THROUGH 383 FOR FURNISHING VARIOUS MATERIALS TO THE COUNTY WATER DIVISION FOR WATER METER INSTALLATIONS - AWARDED TO VARIOUS SUPPLIERS AS INDICATED ON THE BID TABULATION SHEETS Legal notice having been published in the Naples Daily News on September 14 and 18. 1979 as evidenced by Affidavit of Publication filed with the Clerk, bids were received until October 3. 1979 on Bids 380 through 383 for furnishing various materials to the County Water Division for water meter installations. Utility Director Irving Berzon said that in all cases the recom- mendation is for acceptance of the lowest eligible and qualif)ed bids. noting that fortunately the lowest bids were received from qualified bidders. Following Fiscal Officer Harold Hall's advice that there would be no problem if the Board took one action covering all four bids, Commis- sioner Archer moved that Bids 380 through 3e3 be approved, as follows. and that the Chairman and the Clerk lJe aulllorfzeJ to ~igl1 and atte~t the resulting Agreements: Bid No. 380 - for furnishing Water Service Saddles - awarded to B & H Sales, and to Davis Meter & Supply, Inc. for sizes and at the prices listed on the bid tabulation sheet; Bid No. 381 - for furnishing Cold Water Meters - Awarded to various firms for the types, sizes, and at the prices indicated on the bid tabulation sheet; Bid No. 382 - for furnishing Single Meter Boxes - Awarded to Davis Meter & Supply, Inc. at a cost of $6.45 each for PVC Standard Meter Boxes, with lids, for estimated quantity of 500; Bid No. 383 - for furnishing Brass Fittings and Materials - Awarded to various suppliers for the size, type. and at the prices indicated on the bid tabulation sheet. Commissioner Pistor seconded the motion which carried unanimously. November 6, !~/9 SETTLEMENT AGREEMENT PROPOSED BY COUNTY ATTORNEY TO ALLAY CONCERN BY AFFECTED PROPERTY OWNER WITH REGARD TO POSSIBLE FLOODING OF HIS PROPERTY FOLLOWING CONSTRUCTION OF HENDERSON CREEK WATER CONTROL STRUCTURE - APPROVED County Attorney Pickworth advised that in the process of obtaining DER permits for the water conl.:"ol structure at the Henderson Creek Canal, an Objection was filed by an adjOining lano,'wner who feared the raising of the water level in the canal would flood his land. Mr. Pickworth said that an agreement has been worked out with the property owner whereby the County will put some fill on the subject property to raise it to a level so that flooding will not occur. He said that the cost to work out the settlement is minimal compared to the C05ts incurred if litigation is entered into. He further stated that the property owner will drop his Objections to DER and agree that no lawsuit will be brought regarding the construction and that an easement will be given on his property. Mr. Pickworth said that, in his opinion. the proposal is a fair and expeditious means of settling the probl~m. Commissioner Wenzel moved, seconded by Commissioner Pistor and carried unanimously, that the proposed agreement, as detailed by Mr. Pickworth, be approved by the Board. ROUTIr~E BILLS - AUTHORIZED FOR PAYMENT Commissioner Archer moved, seconded by Commissioner Wenzel and carried, that the bills, having been processed following established procedures and with funds available, be approved for payment as wit- nessed by the following warrants issued from October 30, 1979 through November 6, 1979: FUND WARRANT NOS. 1103 - 1310 129 - 250 County Warrants BCC Payroll - CETA BUDGET AMENDMENT 80-8 TO TRANSFER FUNDS TO PURCHASE COMMUNICATIONS EQUIPMENT RE CIVIL DEFENSE-OPERATIONS - ADOPTED IN THE AMOUNT OF $810 Commissioner Archer moved, seconded by Commissioner Pistor and carri~d, that Budget Amendment 80-8 to transfer funds to purchase communications equipment for Civil Defense-Operations be adopted in the amount of $810. 600~ 050 PACE 137 November 6_ 1979 COUNTY ATTORNEY, COUNTY MANAGER, PUBLIC WORKS ADMINISTRATOR/COUNTY ENGINEER. AND GGESC CONSULTANT WILLIAM VINES APPOINTED TO SERVE ON THE STEERING COMMITTEE RE NAPLES BAY STUDY REPORT Commissioner Archer repo~ted that Mayor R. B. Anderson_ City of Naples, has telephoned regarding the establishment of a Steering Com- mittee as called for in the Naples Bay Study Report. and advised that he would be appointing staff members and that he hoped that the Board will do the same. He said that the City representative~ will be George Patterson_ City Manager. John McCord, City Engineer. and William Savage. Public Works Director. Pursuant to this, Commissioner Archer moved for the appointment of County Attorney Pickworth, County Manager Norman, Engineer Clifford Barksdale, and William Vines, consultant with the Golden Gate Estates Redevelopment Committee. to work with the City's appointees. Commissioner Wimer seconded the motion. Commissioner Wenzel questioned whether or not the County should have more representation on the Committee than the City has with Attorney Pickworth explaining that the reason the three persons were named, with the exception of the County Manager who has overall management responsi- bility, is because they have had the primary hands on the professional work, at least as it relates to the Golden Gate water problems which has a , lot to do with what is contained in the Naples Bay Study. Commissioner Wenzel inquired if Mr. Vines would be charging the County for sitting on the Committee with Mr. Pickworth responding that he probably would, noting that he would not expect him to do otherwise. However, said Mr. Pickworth, the bulk of the work initially, at least, would properly be chargeable under th~ County's Golden Gate work since it inter-relates, and if it involves more than that, the proper monetary decisions can be made beforehand. Upon call for the question, the motion carried 4/1 with Commissioner Wenzel voting in opposition. 800K 050 PACt 139 BOOK 050 PAcE140 November 6. 1979 CHAIRMAIl AUTHORIZED TO SIGN CERTIFICATES FOR CORRECTIOIl TO THE TAX ROLLS Commissioner Wenzel moved_ seconded by Commissioner Pistor and carriea, that the Chairman b~ authorized to sign the following Certificates for Correction to the Tax Rolls: ~ Date 1979 Tangible Personal Property 1979-8 1979-9 1979-7 1979-10 1979-11 10/25/79 10/25/79 10/29/79 11/2179 11/5179 COUNTY SCHOOL EMPLOYEE RON LANES NOMINATED FOR APPOINTMENT BY THE GOVERNOR TO THE CETA/MANPOWER PLANNING ADVISORY BOARD Following brief explanation by Administrative Aide to the Board Mary Morgan, Commissioner Archer moved. seconded by Commissioner Pistor and unanimously carried, that the name of County School employee Ron Lanes be submitted to the Governor for appointment to the CETA/Man- power Advisory Board, as Agency Representative, as recommended by CETA Director A. James Meerpohl, 1n his letter to the Board dated November 5, 1979. BOARD ACCEPTS RESIGNATION OF F. E. LACKEY FROM CAPC; APPROPRIATE LETTER ANO CERTIFICATE OF APPRECIATION AUTHORIZED FOR CHAIRMAN'S SIGNATURE Commissioner Wenzel moved, seconded by Commissioner Pistor and unanimously carried, that the resignation of Mr. F. E. Lackey from the Coastal Area Planning Commission, as contained in his letter to tht' Board dated November 1, 1979, be accepted and that the Chairman be authorized to sign appropriate letter and certificate of appreciation for his services on the advisory board. It was pointed out by Administrative Aide to the Board Mary Morgan that, in accordance with the policy adopted by the Board. the alternate positions are being phased out and, therefore, there will be no resumes accepted to replace Mr. Lackey in the 2nd Alternate position. APPOINTMENT OF RALPH CARTER TO FOUR-YEAR TERM (EXPIRING IN 1983) ON INDUSTRIAL DEVELOPMENT AUTHORITY - RECONFIRMED Administrative Aide to the Board Mary Morgan recalled that recently the resignation of Mr. Ralph Carter was received with regard to his service on the Industrial Development Authority which was sub- mitted as a matter of course following his resignation from the Barnett November 6. 1979 Bank; however. said Ms. riorgan, he is willing to continue servfng on the Authority should that be the Commission's desire. Commissioner Archer expla'I'I~d t..1at r~r. Carter felt that when he left his employment that he automatically was taken off the EDC. noting that all members of that Council are members of the IDA, which prompted his resignation. However_ said the Commissioner, he has spoken with a representative of the IDA who took the matter back to the IDA members and that, to a man, it was requested that Mr. Carter remain on the Au thority. Commissioner Archer moved, seconded by Commissioner Pistor and carried unanimouSly, that the appointment of Mr. Ralph Carter to a four-year term on the IDA, said term expiring in 1983, be reconfirmed. APPOINTMENTS TO CCPA APPROVED. AS FOLLOWS: PAUL FRANK, ALTERNATE MEMBER; ED OATES, REGULAR MEMBER; AND WILLIAM WALTERS, REGULAR MEMBEr. Following brief explanation by Administrative Aide to the Board Mary Morgan, as contained in her memorandum to the Board dated November 1. 1979, Commissioner Wenzel moved. seconded by Commissioner Pistor and carried unanimously, that the following appointments be made to the Collier County Planning Agency: 1. Paul Frank - Alternate Member 2. Ed Oates - Regular Member 3. William Walters - Regular Member EGON HILL APPOINTED TO SERVE AS THE COMMISSION'S REPRESEIlTATIVE ON THE AREA AGENCY ON AGING COUNCIL REPLACING DR. ANTELL WHO HAS RESIGNED Administrative Aide to the Board Mary Morgan reported that the only person who has indicated a willingness to serve on the Area Agency on Aging, to replace Dr. Antell who has resigned, is Mr. Egon Hill, following which Commissioner Archer moved, seconded by C~mmfs- sioner Wenzel and carried unanimously, that. Mr. Hill be appointed by the Board as the Commission's representative. BCC APPROVES REQUEST BY DIVISION OF FORESTRY ~OR USE OF THE COUNTY'S HELICOPTER TO SUPERVISE A CONTROLLED BURN ON KEEWAYDIN ISLAND Pursuant to memorandum dated November 5, 1979 from Civil Defense Director William Walker_ Commissioner Archer moved, seconded by Mnl( OflO 1l1"r-1 Ai' ~OOK 050 rAcE142 November 6. 1979 Commissioner Wimer and carried unanimously, that the request by the Division of Forestry for the use of the County's helicopter to supervise a cont:'olled burn on Kee',/ayrlin Island be approved. REQUESTS FOR SUPPORT FOR ENACTMENT OF FEDERAL LEGISLATION FOR EASTERN GULF OF MEXICO NATIONAL SEASHORE AND/OR WILDLIFE REFUGE SYSTEM - NO ACTION TAKEN PENDING RECEIPT OF FURTHER INFORMATION Administrative Aide to the board Mary Morgan reviewed the contents of correspondence received ft'om Dinesh C. Sharma_ Mayor C. Duane White, City of Sanibel, and from Willard V. Merrihue of thp. Collier County Conservancy, Inc. with regard to the proposal for the establishment of an Eastern Gulf of Mexico National Seashore and/or Wildlife Refuge System. The matter was briefly discussed with the consensus of the Board being that additional information is needed, particularly with regard to a plan for acqui~ition of the properties involved. Environmental Consultant Jay Harmic stated that he would obtain additional information on the proposal for submission to the Board. Commissioner Archer moved, seconded by Commissioner Pistor and unanimously carried, that the Board take no action on the requests for support of the proposed legislation until additional information is rece1ved. ~OARD OFFERS "NO OBJECTIONM TO DESTROYING CERTAIN RECORDS IN ACCORDANCE WITH CHAPTER 28.31, FLORIDA STATUTES, AS PROPOSED BY CLERK WILLIAM REAGAN Administrative Aide to the Board Mary Morgan noted the receipt of a notice from Clerk William J. Reagan, dated November 1, 1979, advising the Board of his intent to destroy certain records in accordance with Chapter 28.31. Florida Statutes, and transmitting a list of the records to be destroyed. Mr. Reagan said that there is no retention schedule for these re~ords, some of which are the old County Court Judges' records. fiShing licenses, and the like. He said that the Division of Archives has approved the destruction and that his notice to the Board is a formality and reflects his desire to keep the Board aware of what is being done. November 6. 1979 Conmissioner Archer moved that the Board offers "no objection" to the destruction of certain records in accordance with Chapter 28.31, Florida Statutes_ as proposed ~y Clerk Reagan. The motion was seconded by Conmissioner Pistor and unanimously carried. Responding to Mr. Mike Zewalk's inquiry as to whether or not the records will be inspected for their importance, Mr. Reagan stated that that has been done by the appropriate State Agency. MISCELLANEOUS CORRESPONDENCE - FILED AND/OR REFERRED There being no objection, the Chair directed that the following correspondence be filed and/or referred to the various departments as indicated; t. Memorandum dated November 1_ 1979 from Administrative Aide Mary Morgan informing the Board that Robert Moss' term on the S. W. Florida District Mental Health Board expires in November and that he would prefer not to be reappointed; however. he will continue to serve until a replacement can be apPOinted - Filed. 2. Memorandum from Clerk William J. Reagan dated October 29. 1979 re State Board of Accountancy Opinion Regarding American Ambulance 1978 Audit/Contract Compliance - Filed. 3. Memorandum dated November 5, 1979 from Administrative Aide to the Board Mary Morgan regarding the dedication ceremonies for the Naples Landing facility - Filed. 4. letter dated November 2, 1979 from ~lvillp R. M~ctnto~h expressing his concern over the closing of the Collier County Fre~ Public Library Headquarters Branch from November 19 through December 8, 1979 - Filed. 5. Letter dated November 2, 1979 from Mabel E. Spri ggs, Secretary of the Horticultural Advisory Council urging the County to rein- state the Lethal Yellowing Program - Filed. 6. Letter dated November 1, 1979 from J. M. McGregor, President, Naples Civic Association, expressing their desire to have the Board reinstate the Lethal Yellowing Program - Filed. 7. Technical Guide re 19S0 Census Local Review Program (Form 0-73), from U. S. Department of Commerce. Bureau of the Census - xc Planning Department; and filed. 8. Copy of letter dated October 26. 1979 from John Steinwand to Associate Planner Lee Layne, announcing his resignation from the Planning Conmission's ad hoc committee on low-to-moderate income housing - Filed. 9. Letter dated October 30, 1979 from Nick O. Collins. Grants Coordinator, Department of Community Affairs, re procedure for closing out Criminal Diversion Project 79-AA-09-EB02 - xc Project Director Ron Meserve, and Fiscal Officer - and filed. MOX 050 PACE 143 November 6. 1979 B. Docket 790B65-CCT for application of Williamson Delivery Services. Inc. for certificate to transport mfsplaced. lost or damaged parcels. 25. Building Department Repo"r for October, 1979 - Filed. There being no further business for the good of the County. the meeting was adjourned by order of the Chair - Time: 11:10 A.M. - to convene in Workshop Session at 11:23 A.M. BOARD OF COUNTY COMMISSIONERS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL ~~ BOOIC 050 tAcr145