BCC Minutes 11/20/1979 R
Naples, Florida, November 20, 1979
lET IT BE REMEMBERED, that the Board of County Commissioners in
and for the County of Coll ier, and al so acting as the Governing
Board(s) of such special dis~ricts as have been created according to
law and having ~~nducted business herein, met on this date at 9;00 A.M.
in Regular Session in Building "F" of the Courthouse Complex with the
following member5 present:
CHAIRMAN: Clifford Wenzel
VICE-CHAIRMAN: Thomas P. Archer
John A. Pistor
C. R. "Russ" Wimer
David C. Brown
ALSO PRESENT: William J. Reagan, Clerk; Edna Brenneman and
Darlene Davidson (11.20 A.M.), Deputy Clerks. Donald A. Pickworth,
County Attorney (9:10 A.M.); Irving Berzon, Utility Director;
Dr. Danny Crew, Planning Director; lee layne, Planner; C. William
Nonnan, County Manager; Clifford Barksdale, Public Works Adminis-
trator/Engineer; Mary Morgan, Administrative Aide to the Board;
and, Deputy Chief Raymond Barnett, Sheriff's Department.
BOARD OF COUNTY COMMISSIONERS
FINAL AGENDA
November 20, 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 SUBMl'l"l'ED 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:
5. PROCLAMATIONS AND PRESENTATIONS OF AWARDS
.
A. Proclamation of "Youth Appreciation Week".
SOCIAL SERVICES
I
: "~ ~:- :"~.;'.).' ~,"~~~1:;",.)~-~
- '-- . .' ,:..;:~,!~ 0
"050 "Sl' ga' , '" .0, "
. '~""''''''l ,,. ,",
lOOK . ,'A.~#~";~',l \' ',"
'" '';1'~' ~'....;,:,\,:," "
. ''''~' ._~~:""" "", "',
6.
'.,. '-: ( ',.
! '
November 20, 1979
,'~;~
!~'
Following the readirg of same by Commissioner Archer, Commis-
sioner Pistor moved that the Proclamation establishing the third week
in November, 1979 as Youth Appreciation Week in Collier County, as
promoted by Optimist International, be adopted. Commissioner Archer
seconded the motion which carried unanimously.
*
*
*
*
*
*
*
*
*
*
itDDK, lXlOl1CE11la. ~~...':" ., ," ..1 N b 20 1979
" .~ '''''ii.~ ,.......111 ,;. ovem er ,
" t ~. ;.:.b ~"-Jt'l""''''' "'"
,. ." .;"r\f1ll ~.1.~ ,,~, tJ ... . .' : .
, ... : ..~. . -.'j ~.." . ~"r .,. _ - J
'~r~...:~~t, . ..:~. ~f,..r.'''~''''''
, ~'.' ORDWANCE '79:'94 REPEALING ORDINANCE 79-66 TO CORRECT A TYPOGRAPHICAL
ERROR, AND AMENDING ORDINANCE 76-30 - THE COUNTY"S ZONING ORDINANCE -
ADOPTED
Legal notice having beer, published in the Naples Daily News
on October 19, 1979 as evidenced by Affidavit of Publication filed
with the Clerk, puhlic hearing was opened to consider an ordinance
repealing Ordinance 79-66 to correct a typographical error contained
therein, and amending Ordinance 76-30, pursuant to the County Attorney's
recommendation, and as petitioned by US Homes.
There being no persons registered to address the matter, Commis-
sioner Wimer moved, seconded by Commissioner Pistor and unanimously
carried, that the public hearing be closed.
Commissioner Wimer moved that the corrected Ordinance, as num-
bered and entitled below, be adopted and entered into Ordinance Book
No. 10. The motion was seconded by Comm~ssioner Archer and unanimously
carried.
ORDINANCE 79 _94
AN ORDINANCE REPEALING ORDINANCE 79-66 TO
CORRECT h TYPOGRAPHICAL ERROR AND AMENDING
ORDINANCE 76-30, THE COMPREHENSIVE ZONrNG
REGULATIONS FOR THE UNINCORPORATED hREA OF
THE COASTAL AREA PLANNING DISTRICT BY
AMENDING THE ZONING ATLAS MAP NUMBER
50-25-1 BY CHANGING THE ZONING CLASSI-
FICATION FROM "GC" GOLF COURSE AND "RM-IGH"
RESIDENTIAL MULTI-FAMILY GROUP HOUSING
ON THE FOLLOWING DESCRIBED PROPERTY: A
PORTION OF THE NORTH 1/2 OF SECTION 12,
T~iNSHIP 50 SOUTH, RANGE 25 EAST AND BY
PROVIDING AN EFFECTIVE DATE
ORDINANCE 79-95 CREATING A HEALTH FACILITIES AUTHORITY IN COLLIER
COUNTY - ADOPTED; NOMINATIOflS FOR APPOINTMENT TO THE AUTHORITY TO
BE SUBMITTED WITHIN TWO WEEKS
Legal Notice having been pUblished in the Naples Daily News on
October 31, 1979, as evidenced by Affidavit of Publication filed with
the Clerk, public hearing was opened to consider an ordinance to
create a Health Facilities Authority in Collier County, pursuant to
Chapter 154, Part Ill, Florida Statutes.
Noting that the County Attorney was not present, it was
requested that the public hearing be continued until later in the
Session, pending the arrival of Attorney Pickworth.
November 20, 1979
Later in the meeting, Attorney Pickworth noted that the matter
of establishing a Health Facilities Authority was previously discus-
sed by the Board, at th€ request of representatives from The Moorings,
Inc., and called upon Mr. Howard Weston to provide details conc~rning
the proposal.
Hr. Weston, representing the investment banking firm of Arch
Roberts and Company, explained that his firm has been retained by The
Moorings. Inc., a non-profit organization from Naples, for the purpose
of assisting them in the financing of a combination retirement/health-
care facility in the community, for which a PUD document has been sub-
mitted. Mr. Weston explained further the purpose in establishing an
Authority which he said is to help such non-profit organizations finance
facilities which is accomplished through the issuance of tax-exempt
bonds secured solely by the revenues of the projects to be built. He
said that there are no obligations incurred by the governmental body which
creates the Authority and provided the Board with the names of other
counties throughout the State with which his firm has been associated
in similar projects. He said that in view of the present chaotic situa-
tion in the money markets, that, obviously, the particular project under
discussion would benefit immensely from the cheaper financing available
through the issuance of tax-exempt bonds but added that other projects
coming along in the future would also be able to take advantage of such
financing, assuming the Authority is created.
Chairman Wenzel, noting the presence of former Mayor Harry E. O.
Heineman, City of Naples, in attendance, welcomed him to the hearing and
asked for his comments on the proposal. Mayor Heineman declined the
opportunity to address the Board, stating that his views in support of
the Authority are well-known.
Hr. Fred Allen, Vice-President of The f100rings, Inc., stated that
the establishment of the Authority would enable the project to move
forward at this time. Regarding the legislation which enables the
Authority to be established, Mr. Allen said that it contains language
which seems to encourage the counties to consider the proposal favorably
&oox
050 PACE 196
. ~~/..~:,.,
.I~~ .
c. . 1.-
",,~;~'ijd.!rl'''' ;
I
.;f.)
I'...'
"
, ~~.'
...~". .,-
~ ~ .J_,,~~<iww,~""-':- ~ .u:_~~ :<:in..
. ~ --
November 20, 1979
would be perfonni ng d!' extremely important servi ce to Collier County.
Mr. John Kley, also representing The Moorings, Inc., although
registered, rt~clined the opportunity to comment.
Mr. Mike Zewalk, of the North Naples Civic Association, spoke in
support of the creation of the Authority which he said will provide
impetus for the establishment of the greatly-needed facility in the
County.
Attorney Pickworth observed that the proposed ordinance "tracks"
the model ordinance other communities have used to establish the Authority
and, responding to Commissioner Wimer's inquiry, said that he does not
favor restricting the Authority to the project previously mentioned.
He said that there could be legal problems if an attempt was made to
financing one specific project. The Statute under which the Authority
is set up, said Attorney Pickworth, specifies the type of projects
which can be covered. noting specifics such as a non-profit organization,
a Certificate of Need from HRS, and the like, which he said offers
certain measures of protection for the public in that it is not to be
used as a vehicle lu rUllcJ cOlTlllercfal profit-milking vcntu:"c~.
There being no additional persons registered to speak, COlTlllissioner
Archer moved to close the public hearing and for adoption of the
Ordinance, as numbered and entitled below. The motion was seconded
by Commisioner Pistor and unanimously carried.
Regarding the appointment of members to serve on the Authority,
Chairman Wenzel asked that the Board members, and, also, members of
the organization represented, submit nominations to the Board within
the next two weeks.
ORDINANCE NO. 79-95
AN ORDINANCE PURSUANT TO CHAPTER
154, PART III, FLORIDA STATUTES RELAT-
ING TO A HEALTH FACILITIES AUTHORITY
IN COLLIER COUNTY, FLORIDA; PROVIDING
FOR FINDINGS AND DECLARATION OF
NECESSITY; PROVIDING FOR CREATION OF
THE COLLlE~ COUNTY HEALTH FACILITIES
'AUTHORITY; PROVIDING FOR MEMBERSHIP;
PROVIDING FOR APPOINTMENT AND TERMS;
PROVIDING FOR OFFICERS; PROVIDING
FOR COMPENSATION; PROVIDING FOR
POWERS; PROVIDING FOR AREA EMBRACED;
PROVIDING FOR SEVERABILITY; PROVIDING
FOR AN EFFECTIVE DATE.
L"___,.J
November 20, 1979
RESOLUTION 79-170 ESTABLISHING A 45 MPH SPEED ZONE ON RADIO ROAD
(C.R.856) BETWEEN AIRPORT ROAD (C.R. 31) AND A POINT 2.0 MILES EAST
OF AIRPORT ROAD - ADOPTED
Following brief ..~:planation by Public Works Administrator/Engineer
Barksdale, as contained in the Executive Summary dated November 5, 1979
as prepared by him, Commissioner Archer moved, seconded by Commissioner
Pistor and unanimously carried, that Resolution 79-170, establishing a
45 MPH speed zone on Radio Road (C.R. 856) between Airport Road (C.R. 31)
and a pOint 2.0 miles east of Airport Road, be adopted.
."
."
."
."
."
."
."
."
."
BOOK 050 PAGE 198
'r/fil.;.' '"
,- l!f~t- .-~
..'
'..
,,;,1
,J>':c.,.. ,
;';..
:.~..-. ....
---'~.~ '1I--..1~'l(!-~ -'t~~'-'g"~"'-'''''''''''''''''____;L,~ . rH '., ,......, '-::!It
~~ 14-~~,b,d;~~ ;~' -=-t~~.,~~~"",.~ ,:, ,,',::.-:~~-,~'::::>,~.~'-":~;;'S-~~~
i t~'_ND' ;9.~9. .EQUESTED BY HA~N B.D:::be~C:O;D::79
Ii '..',* FOR EXCAVATION IN S12. T52S. R29E - APPROVED, WITH STIPULATIONS
Public Works Administrator/Engineer Clifford Barksdale explained
that a request has been r!ceived from Harmon Brothers Rock Co. for
the expansion of an existing rock mining operation in Section 12,
Township 52 South, Range 29 East. He said that the Water Management
Advisory Board reviewed the request for Excavation Permit No. 59.89
at their meeting on November 14, 1979 and recommended that it be
approved with the following stipulations:
1. No pumping shall be permitted as part of this excavation.
2. Corps of Engineers and DER permit shall be issued if
required.
3. Some form of dust control shall be required (truck traffic).
4. Any damage to roadway and entrance due to truck traffic
shall be repaired at petitioner's expense.
5. Since excavated material is to be hauled off site,
applicant shall pay permit fee and post required bond.
6. A 3' perimeter berm shall be constructed around the
excavation"area.
7. That all app11cable provisions of County Ordinance No.
73-12 shall be adhered to.
8. That the applicant will comply with any new administrative
requirements which become a part of the revised Excavation
Ordinance.
Commissioner Wimer moved, seconded by Commissioner Pistor and
unanimously carried, that Excavation Permit No. 59.89. requested by
Harmon Brothers Rock Co., in Section 12, Township 52 South, Range
29 East, be approved. following recommendations and stipulations of
staff.
EXCAVATION PERMIT 59.92. REQUESTED BY FEDDIE L. HURLEY, FOR EXCAVA-
TION IN S13, T52S, R29E (COPELAND) - APPROVED WITH STIPULATIONS
Public Works Administrator/Engineer Barksdale reported that
the excavation permit being requested by Feddie L. Hurley is for
a proposed lake excavation of approximately 177' x 571' with a depth
L ,I
\, _..,_ I
November 20, 1979
of approximately 37' for property located in Section 13, Township
52 South, Range 29 East, west of Copeland. He said that the applica-
tion meets all of the requirements of the Excavation Ordi~~nce and is
being recommended for approval by the staff and the Water i~nagement
Advisory Board with the following stipulations.
1. No pumping shall be permitted as part of this
excavation.
2. Since no fill is to be removed from the site, the
bond and fee requirements shall be waived.
3. A 3' perimeter berm shall be constructed around
the excavation area.
4. All applicable provisions of County Ordinance No.
73-12 shall be adhered to.
5. Applicant will comply with any new administrative
requirements which become a part of the revised
Excavation Ordinance.
Commissioner Archer moved, seconded by Commissioner Pistor and
unanimously carried, that Excavation Permit No. 59.92, as requested
by Feddie L. Hurley, for excavation in Section 13, Township 52 South,
Rang~ 29 East (Copeland), be approved SUbject to stipulations set
forth above.
WATER WELL PERMITS NOS. 65.246 and 65.247, REQUESTED BY COLLIER COUNTY
CONSERVANCY, INC., TO BE LOCATED IN S17, T51S, R26E - APPROVED SUBJECT
TO STIPULATIONS
Public Works Administrator/Engineer Barksdale reported that an
application has been ffled by the Coll ier County Conservancy, Inc. for
two 6" Water Wells to be located in Section 17, Township 51 South. Range
26 East (Rookery Bay Marine Station). He said that the wells are replace-
ment wells for potable water supply and explained that 6" wells are
ne~ded not for water quantity but to accommodate the sand and the con-
struction methods in the subject area. The application has been reviewed
by the Water Management Advisory Board and is being recommended for
approval subject to the following stipulations:
1. That a copy of the driller's log be submitted to
the County Engineering Department upon completion
of the drilling operation.
2. That a water analysis regarding water quality be
submitted to the County Engineer.
Commissioner Archer moved, seconded by Commissioner Pistor and
unanimously carried, that Water Well Permits Nos.
. ..
.
65.246 a~~, 6.~'~~7.~.as,"'J'f-~;
~~~. ..., 0""
:/::~i~,..~;t. "
.. ~ ';,,>..~ .~ ..:'" ~..~~~
. .. ,f"". ....... ."~..
BOOK 050 'Acr202
I
I
I-~
t
I
I
!
. .~. _;'<0. . .~~.:':"~,"<'~':-?:~~'?".~-_. ~_~:-:=~~~_."":':':".,-''''.~::''....; ~;.:. -~~r--"~.n...~ .ea'
---.
. .' ~'o,or O~,OPACt 28~A.
,\.~..?!.",. ...., ...':/ ""~
, 'r;~r-J;,...:,... J " .. ,; 't".......~
~}i(i~h ',., "., ' .,~'':j~.'
"J I ".'.,
.'
November 20, 1979
requested by the Collier County Conservancy, Inc., in Section 17,
Township 51 South, Ran~e 26 East, be approved with the stipulations
noted above.
RESOLUTION 79-171 ACCEPTING DER GRANT OF $70,000 FOR PARTIAL FUNDING
OF GOLDEN GATE ESTATES CANAL INTERIM ACTION PROGRAM - ADOPTED: CHAIR-
MAN AUTHORIZED TO SIGN GRANT AGREEMENT;CH2M HTLL AUTHORIZED TO PREPARE
FINAL CONSTRUCTION PLANS AND BID DOCUMENTS; MATTER TO BE BROUGHT BACK
TO THE BOARD FOLLOWING COMPLETION OF BID PROCESS
Following introductory comments by C. William Norman. County
Manager. Mr. William Vines, Consultant to the Golden Gate Estates
Study Committee, stated that a plan of action has now been completed with
regard to the first small resolution or reduction of some of the water
management problems existing in Golden Gate Estates. As contained in
his memorandum to the Board dated November 9, 1979, Mr. Vines said that
the engineering details of the Interim Action Program are set forth in
the report prepared by CH2M Hill, dated 'November, 1978, same having been
distributed to the Board in January of the current year. Mr. Vines
explained briefly the substance of the materials furnished to the Com-
missioners, inCluding a history of the Golden Gate development, particu-
larly with regard to the water management facilities. Mr. Vines illustrated
on the map provided the relatively modest adjustments to the canal system
in the easterly outlying sections of the Estates being proposed. One of
the pOints brought out by Mr, Vines was the fact that there is nothing in
the Program which will cure that area which is regularly flooded and he
also noted that there is no proposal to create additional flooding despite
misinformation which has been circulated to the contrary.
Mr. Paul Kruse, representing the newly-formed Golden Gate Residents
and Supporters Coalition, stated that his group is saying "stop the
canal" explaining that what is meant is that the canal should be stopped
until some studies have been made on it, noting that the millions of
dollars spent to date on studies have been spent in one direction only and
that is toward flooding the canal. He suggested that there are alternatives
1. . J
November 20, 1979
to plugging the canals, as is being proposed, and with further study
these can be brought out. Among the concerns expressed by Mr. Kruse
was the possibility of underground water flowing toward the west due to
the porocity of the rock. Consulting Engineer Ted Smallwood responded
by explaining the type of soil involved and said that he does not view
Mr. Kruse's concern as a critical situation. Noting the reference made to
the Naples Bay Report by Mr. Kruse, Mr. Smallwood said thnt the Report
addressed the plugging of the flow going into the Bay of Naples and that
the Program under discussion has no effect on that flow. He noted that
the Program was conceived before the Report was made public or knowledge
of the Report was known and has nothing to do with the recommendations
made in the Report. Mr. Kruse continued his comments at some length and
concluded by reiterating his request that the Program not be implemented
until some of the questions he raised are answered.
Chairman Wenzel commented that Mr. Kruse's knowledge of the situation
is correct because he had recommended the very Program, the earth plugs
and raising the dams, and said that he offered to do the engineering wor~
for nothing - over twelvo years ago; however, at that time they were told
that, legally, they could not do anything, which, is why nothing has bnen
done over the yedr).
Mr. Norman pointed out that the matter being heard was not for the
purpose of discussing the Naples Bay Study since the GGESC has no con-
nection with the Study and is not the issue being heard.
The following persons addressed the Board seeking further information
regarding the Program and expressing individual concerns:
1. Mrs. Nancy Bisbee
2. Herman Verrett
3. Mrs. Mary Kruse
4. Ellis Moss
5. Fred Schwarz
6. Bruce L. Cooper
7. Mrs. Frances Martin
8. Ms. Deloris Jackson
9. Ms. Shirley Moore
aoox 050 nCE 204
. ' ,
I' j.; ~
'': ;ft; , .:': .; ; ,. " : I'~;~
,.4 ;,,~~,., 'i-i' " ...,~.~
':";"',~:~....,., ...:..,~.
...~..~.'.._' ,....
\ 1-)1 #. t~... ~ "I ' ", ''', ..
".A'..",.....,~~/.J,l .'..
:~r; '. . -z .~r"~.'.l '~.::""'" ,~
I
I
I
I
I
\
, '~OOK; 'D50.~;~~ 205 ';~.'.~~. ,:
. :,p,. ",." ',~,'''''~'.'~T'~'' .11 'j!i!il,.~"*' ." November 20, 1979
':,,1i~JoWl'~T~~~~:~~':t; p',.. .'
<,:..~\r:':"":~~f.,;AmongYthe' questions raised and re$ponded to by the members of the
)b. f.,i, ' !'.. ':~"~" .
staff and the consultants were: the powers that a government has with
resr':ct to individual property rights when taking such corrective
measures as proposed; whether or not a building moratorium in the sub-
ject area is in effect or contemplated; whether or not there will be
increased flooding over what is currently being experienced; the inability
of obtaining building permits in certain areas where percolation tests
are unsatisfactory, and the options offered by the developer in this regard;
the alleged lack of open meetings for the purpose of dissemination of infor-
mation regarding the Program.
Registered but declining the opportunity to speak were Ms. Trudy
Kleiner and Ms. ~ra Cooper.
Noting the concern expressed by the majority of the speakers, Com-
missioner Wimer inquired of the staff members and consultants present if
putting in the weirs and dykes, as proposed, will increase the flooding in
Golden Gate Estates ~ow'or in the future, commenting that Mr. Vines has
stated that it would not. Mr. Smallwood said that the Program will not
increase the flooding frequency in the area and is only intended to retard
the runoff in the area for the dry season. County Engineer Clifford
Barksdale, responding to the same question, said that, in his opinion, it
will not. Utility Director Irving Berson said that he has worked on the
Program from its very beginning and voiced agreement with the other individua
in that the ProgrAm is only intended to increAse the hydro period, or
holding back the water for longer periods of time, but not in any way to
affect the flooding. He said that it will not improve the flooding condit~on
nor will it aggravate them. Mr. William Walters, Chairman of the Golden
Gates Estates Study Committee, also responded to Commissioner Wimer's
Question by stating that the Program will not increase flooding. He said
that the reason is because the waters will be contained within the canals
1;
except in those areas where they're outside the canals anyway without the
November 20, 1979
structures being in there. He said that his Committee is very concerned that
there be no increased flooding, and is recommending that the Program go
forward based on this fact. Dr. Neno Spagna, former Community Development
Administrator, expressed his knowledge of the Program, having sat in on
may of the meetings during which the Program was discussed, and the answer
was consistent that it will not flood any of the areas that aren't normally
flooded during high levels of water.
To answer a question posed by one of the speakers from the audience,
Attorney Pickworth said that no one can predict the future as to whether or
not the government might at some time be interested in purchasing properties
In the area for a preserve; however, he said that he would be inclined to
doubt it since, in discussing the matter with people at the federal level
to explore the possibility. he has received the information that they are
not Interested.
Concerning the possibility that damage to properties could occur and
who would be responsible, Attorney Pickworth replied that, to whatever
extent "our" acts are responsible for damage and to whatever dollar value
the damage caused by "our" acts, the County will have to make that "good",
Commissioner Wimer expressed his concern that the correct information
was not dlssemln.sll!u Lu Lh~ dlJproprlate people and asked that Mr. Walters
notify the appropriate persons when meetings will be held so that they can
be represented. Mr. Walters said that if the names of such individuals
are provided to him, he will see that they are notifed and urged to attend
the meetings.
It was Conmissioner Wimer's suggestion that, if it is the desire of the
residents and property owners of the affected area to delay action on the
Program until a meeting is held in their area for further input of informa-
tion, he would be in favor of such meeting. however, he added that he is
in support of the Program which he said is designed primarily tc benefit
those individuals.
Commissioner Archer moved that Resolution 79-171 accepting the DER
Grant of $70,000 for partial funding of the Golden Gate Estates Canal
&OOK 050 rA~ 206
.'t',.; -
.'
... ": ,.~~. ~.,..'~'., 'I~" ~,
,..' . W\..:'" 'f."~?".. '~',
'. ~::;~,~"to-{\,.
..,.,~' ."",.,I!'.~"""-' ", .
" ""~:'I.~- ,- ,:...t...~~
',:t' ~~:
:...: ":,~.:...-:-,..~:~::~~-'~~
I
I
I
"";.,, ~ ' ri;:"'rol~~~:~-'~
:':~,':~,)OOK":,, O~5., ':l,~~CE.. ."'t'):,'~~. ,~~,'
-".'~'" ~;t,~,~.:';: ,t ~~~"j'~ll'\", ' ~ , ..
"J' 1\ \ ..j'\'~.,"' ,..~;J.1'~,~~ :,
'.;~;/:" .'" Interim4 Action Program be adopted;
. .,- ~ "
!II!_ Or:' .,"
November 20, 1979
" ",
that the consulting firm of CH2M Hill
be authorized to prepare the necessary final construction plans and
speci~ications, to be brought back to the Board after the bid process has
been completed and before any action is taken; and, that the Chairman be
authorized to sign the Grant Agreement. The motion was seconded by Com-
missioner Pistor. Chairman Wenzel voiced his opposition to the motion,
commenting that Collier County. in all the years he has been in the County,
has been a gold mine for professional study groups and, with the profes-
sional services cost being 14+% of the total project cost, he could not vote
for it.
Upon call for the question, the motion carried 4/1 with Chairman
Wenzel voting in opposition.
.
.
.
RECESS: 11:10 A.M. until 11~25 A.M. at which time Deputy Clerk
Brenneman was replaced by Deputy Clerk Davidson.
.
.
.
.
.
.
.
.
.
"Ii,,' .,"r'>' . ,-,..',-., ,.... '
, 'ii1~;~: 050~.:t~tE ~t1~~~~A".
'Jjj-, .~~~~ ,~.~~;,.,~.~ ....:f ~.:.,~...
~ .v' .~.~' ;,~:-,;.;,.
~l'" , CHAIRMAN AUTHORIZED TO SIGN LEASE/PURCHASE AGREEMENT FOR MAG CARD READER
. FOR WORD PROCESSING CENTER
!
November 20, 1979
,.
I
I
I
I
I
I
I
Mr. Gene Willett, Adr.inistrative Assistant to the County Manager.
said that the request is for a mag card reader for the new OS/6 420 processin
ine in the Word Processing Center. He said that the initial cost for
the fiscal year 79-80 is $342.50, which can be absorbed in the Word Proces-
sing budget. He added that the total cost would be $4,159.36 which would
be payable over five years, or may be paid any way the Commissioners' prefer.
He said that he could address the alternate means for payment at the upcoming
budget discussions for the next fiscal year. He clarified Commissioner
Archer's question on whether or not this was to be an initial lease agreement
by saying that it was a lease/purchase agreement.
Commissioner Wimer moved to authorize the Chairman to sign the Lease
Purchase Agreement for the Mag Card Reader for the Word Processing Center as
,
recommended in the Executive Summary. Commissioner Brown seconded the motion
and it carried with a unanimous 5/0 vote.
."
."
*
."
*
*
r' '.,
"'---,
November 20, 1979
CHAIRMAN AUTHORIZED TO SIGN CERTIFICATES OF CONVENIENCE AND NECESSITY AND
EMERGENCY MEDICAL SERVICE~ P~RMITS FOR AMERICAN AMBULANCE SERVICE, II/C. &
GOLDEN GATE FIRE ASSOCIATJO~ INC.
County Manager Norman said that the matter of the issuance of
Certificates of Public Convenience and Necessity is routinely carried out
by the Board. He said that it is a condition of the State's granting a
license to the afore-mentioned Ambulance Services within Collier County.
Hearing no objection to same. Commissioner Archer moved to follow
staff recommendations and authorized the Chairman to sign the Emergency
Medical Services Certificate of Public Convenience and Necessity and
Emergency Medical Service permits for both American Ambulance Service, Inc.
and Golden Gate Fire Association, Inc. The motion was seconded by
Commissioner Pistor and carried unanimously 5/0.
*
*
*
*
*
*
.
;
,'J,~<, '. _;,111
.\".:..'~'~:~:;",
'; ;~(~\.~~):;" ',{
aOOK 050 PACE 214
November 20, 1979
fINAL PLAT FOR LAKEWOOD UNIT 6. RE PETITION FP-79-11C - APPROVED
Planner lee layne explain~~ that the subject plat is for Lakewood
Unit 6. and that the Engineering Department has reviewed it and found
that it is in compliance with the Subdivision Regulations.
Chairman Wenzel asked that it be clarified as to whether there will
be any artificial drainage or pumping necessary or is it would be taken
care of by natural flow? County Engineer Barksdale said that none would
be necessary.
Commissioner Wimer moved, seconded by Commissioner Archer and
carried unanimously 5/0. that the final plat for Lakewood Unit 6 re Petition
FP-79-11C be approved.
CHAIRMAN AUTHORIZED TO SIGN GRANT APPLICATION RE CONSTRUCTION OF FISHING
REEf AND AGREEMENT WITH COLLIER COUNTY ANGLER'S ASSN. RE SAME
Pursuant to recommendations of staff as detailed within the Executive
Summary, dated 11/15/79, and prepared by Rollie Rice, Parks and Recreation
Director, Commissioner Archer moved to authorize the Chairman to sign the
grant application through the Florida Department of Natural Resources and
the agreement re same with the Collier County Angler's Association.
The FlCPl':lItivp Summary outlines the purpose of the qrant as a means
of financial assistance in the construction of saltwater artificial fishing
reefs by pr':lvidin~ fllndt; fnr png1npprfng Ilnd transportation of reef
material to an approved reef site. Also outlined is the ceiling figure
of $20,000 for a reef project including funds for advertising, transpor-
tation, etc.. and up to $1,000 for project engineering. Among other facts
within the summary are the eligibility requirements and the grant program
backqround.
The Executive summary details the proposed plans that the Angler's
Association of Collier County has for the afore-mentioned reefs, including
a complete explanation of the agreement between the County and the Associa-
tion.
Commissioner Wimer seconded the motion for the authorization of the
Chairman's signature on the aforementioned documents and
. "
unanimously 5/0.
BOOK 050 PACE 220
,1:~ .:.,
'&OOK
'~~ f~~\
.' -.:' ',' ~
'. .
.\ ,
',.'.,: "lii~3t'
05.0 .'ACE225~.. l~/
,. , r'1tl~.r.',"i '.,/'
." <""J:~>L """I>~~~~'~'!'" ,,::".
PAYMENT OF ROUTINE BILLS AUTHORIZED
Commissioner Archer moved, seconded by Commissioner Pistor and
November 20, 1979
unanimously carried 5/0, that the bills be approved for payment as wit-
nessed by the following warrants issued from November 14, 1979 through
November 20, 1979, same having been processed following established
procedures, with funds available:
f.llliQ
WARRANT NOS.
1
1
2
2
1
2
1
2
1
2
2
1
1
2
General Fund
Interest & Sinking
Golden Gate I & 5
Collier County Fire District
Special MSTD's
Collier County lighting
Victoria Park Drainage
Federal Revenue Sharing
Aquatic Weed
Golden Gate Fire
Ochopee Fire Control District
Kelly Road Water
Sewer District "A" Assessments
Fire Hydrant Assessments
Collier County Water/Sewer Utility
Division '
Municiple Service Taxing District
Grants & Gifts
Immokalee Lightinq
Capitol Improvement Revenue Certificate
County Water Supply
Systems Development Clearing
BCC Payroll
BCC Payroll-CETA
County Warrants
1
1
4
1
2
3
8
6059-6506
251-365
1592-1799
BUDGET AMENDMENT NO. 80-10 TRANSFERRING FUNDS WITHIN SOCIAL SERVICES
BUDGET TO COMPLY WITH PROPER OBJF.CT COOE-AJ.'PRUVI:.O iN IHI:. AMUUNI OF
$1,200
Clerk William Reagan said that the budget amendment before the
Board has been recommended by the Finance Department to facilitate
the transferring of funds ($l,200) from Object code 401 to object code
349, within the Social ~prv1cp~ budget.
Commissioner Archer moved, seconded by Commissioner Pistor and
carried unanimously 5/0, that Budget Amendment No. 80-10. transferring
funds to comply with proper object code within the Social Services budget,
be approved in the amount of $1,200.
:,' &OOK 050: rACE 227.{i&f',~ .'
~~~:?" "~~~,m~:,':~,~,~~,~i. November 20. 1979
, ,.~.I'~ t .... ~.
BUDGET AMENDMENT NO. 80-11 PROVIDING FUNDS TO PURCHASE A CART FOR
COMMUNITY DEVELOPMENT DIVISION-APPROVED IN THE AHOUNT OF $90.
Clerk Reagan explained t~at Budget Amendment No. 80-11 is for a
transfer of funds ($90.) for the purchase of a rolling cart for the
Community Development Division. He said it provides for the transfer
of $90 from Contingencies to Office Equipment & Furniture.
Commissioner Archer moved, seconded by Commissioner Pistor and
carried unanimously 5/0. that Budget Amendment No. 80-11 be approved
for the amount of $90.
,.
,.
,.
,.
,.
,.
.
.
*
*
,~.. "'.'" , . ,~,'~I~" '-,,; ',. . November 20, 1979
,;;~:';'..,)\~j~~~1f~.:."', ,'.
<~~'/;'~FFI;.ATIVE V;;~S'TO BE CASl ~OR CONVERSION FROM FEDERAL MUTUAL TO
.. FEDERAL STOCK ASSOCATION BY NAPLES FEDERAL SAVINGS AND lOAN ASSN.
Clerk Reagan said that the County has received a "Proxy" package
from Naples Federal Savings an~ Loan Association regarding the upcoming
balloting for the proposed conversion of said institution from a
Federal Mutual Association to a Federal Stock Association. He said
that the County, as a depositor, was entitled to some 800 votes on the
proposed conversion and has been requested to indicate either affirmative
or negative response on the "proxy" forms by Naples Federal Savings and
Loan Association. He said that staff and he had discussed this and last
week had decided not to take any action, however, he ha9 been contacted
by telephone and asked how the County would vote. He said that the
N.F.S. & L.A. indicated that because of the amount of votes allocated to
the County it would be useful for the County to vote on the matter.
Commissioner Archer inqu1red as to Mr. Reagan's recommendation and
Mr. Reagen replied that he had no recommendation, one way or the other.
He said that he wanted the Board's feelings on the matter and that the out-
come of the vote on the aforementioned conversion would not effect the
County, either way, but that the bank had indicated to him that the conver-
sion would help Naples Federal Savings & Loan to acquire more operating
cap1tal and thus. aid the construction industry, i.e. future home con-
struction, etc.
Chairman Wenzel stated that he felt that Government should not take
part in this type of decision and that it was his feeling that the County
should split the ballots in half, thus, canceling out the County's vote.
and leaving the decis10n to smaller stock holders by voting 50% "for" and
50% "against".
Commissioner Archer said that hopefully, the benefits from the con-
version would outweigh the non beneficial results. He moved that the
County cast its ballots in favor of the plan of conversion. The motion
was ~econded by Commissioner Pistor.
After a brief d1scussion Chairman Wenzel called for a vote on the
motion to vote for the conversion from a mutual to a stock association.
The motion carried 4/1. Chairman Wenzel cast a negativu vote.
November 20. 1979
COI~ISSIONERS ARCHER AND WENZEL APPOINTED TO SERVE ON CANVASSING BOARD
RE EAST NAPLES SEWER REFERENDUM
Hearing no objections, it was the consensus of the Board that the
offer to serve on the Canvassing Committee re East Naples Sewer Refer-
endum by Commissioners Archer and Wenzel be accepted. It was noted by
Ms. Morgan that they would be joined by Judge Hayes.
UTILITY DIRECTOR REPORTED ON PUBLIC INFORMATION MEETING RE EAST NAPLES
SEWER DISTRICT HELD 11/19/79
Irving Gerzon, Utility Director. reported on the Public Information
Meeting re East Naples Sewer District that was held last evening, 11/19/79.
He said that it had been a most informative meeting and that several
pertinent questions raised by the public regarding the said sewer district
were cleared up. The meeting lasted over two hours and covered many questions
regarding the implementing of the district, said Mr. Berzon, and he added
that the referendum regarding the proposed loan from the Farmers Home Admin-
istration was clearly defined. He said that he was surprised at how many
people were confused as to the intent of the upcoming referendum. He
noted the help he had received from Dr. Cox and Ted Smallwood, and said
he felt the meeting was very successful.
CcKrIFlCATES FOR CORRECTION RE 1979 TAX ROlL- APPROVED tOR CHAIRMAN'S
SIGNATURE.
Commissioner Archer moved, seconded by Commissioner Pistor and
carried unanimously 5/0, that the following Certificates for Correction
on the Tax Rolls be approved and that the Chairman be authorized to sign
samt!:
1979 Tangible Personal Property
!!Qh
1979-60 through 1979-76
1 through 10
14 through 19
23 through 26
29 through 32
54 through 61
66 through 70
82 through 94
96 through 99
101 through 105
DATED
11/13-11/151'
11/2-11/5/79
11/6-11/7 f79
1117 -11/8/79
11/7-11/8/79
11/12
11/12-11/141'
11/8-11/1417'
11/8-11/1417<
11/14-11I1S(
" ,
y,,", "
800X 050 rACE 220
',l,
MOK\ U~UrAcEP31 ';, \. .
" "~~~{-'t}t '51'~Jl~~? ~....,',
,;'~Jr;~ }~~~:~.j~,~t~'tf~:~~::::"',
, HEARING RE VANDERBILT LAGOON BOAT DOCK DEFERRED UNTIL DECEMBER 4, 1979
..
"
November 20, 197
Ms. Morgan noted that the attorney representing the developer of the
proposed Vanderbilt Lagoon Boat Dock is not able to attend the hearing
re same, that was to be held today. She said that he has requested the
hearing be deffered until December 4, 1979.
Commissioner Archer moved, seconded by Commissioner Pistor ant. carried
unanimously 5/0, that the hearing be set for the BCC Meeting of December 4,
1979.
GENE WILLETT, THOMAS SIEMIANOWSKI AND JOAN SABESTIANO NOMINATED FOR
APPOINTMENT TO CETA AOVISORY BOARD AS ALTERNATES
Ms. Morgan said that at the time the Board made its recommendation to
the Governor for appoirttments to the manpower planning advisory board,
the provision for alternates was not clearly defined. She said that she
ha~ since been advised by the State tha~ the BCC needs to recommend people
who can attend meetings should the regular members be unable to attend.
,
She said that the following people have been contacted and that they have
agreed to serve.
1. Alternate Public Re~resentative
Mr. Gene Willett, A ministrative Assistant to the County
Manager.
? ~lte~~ate A~e~ Representative
r. omas iemianowski, colTfer School Board's CO\lrdinator
of Community, Adult and Vocational Education in Immokalee.
~, Altprnate Client Representative
Joan Sebastiano, Secretary for City of Naples, presently a
CETA participant.
Commissioner Archer moved, seconded by Commissioner Pistor and
carried unanimously 5/0, that the Board approve the above-mentioned
names for nomination to the Governor for appointment to the CETA Advisory
Board.
EXTRA GAIN TIME FOR INMATE ID AMI3415-APPROVED
Pursuant to a letter from Aubrey Rogers, Sheriff, recommending
gain time in the amount of 60 extra days for inmate No. ID AI 13415
for exemplary conduct and personal adjustment, Commissioner Archer moved
to approve said gain time. Commissioner Pistor seconded the motion and
it carried unanimously 5/0.
November 20. 1979
STAFF DIRECTED TO PREPARE A FEASIBILITY STUDY RE USE OF lOW PRESSURE
SODIUM lIGHTS WITHIN COLLIER COUNTY
Ms. Morgan referred to a letter dated November 14. 197q from
C.B. Trudeau. District Sales ~~nager of lustra lighting Corporation
transmitting brochures describing a low pressure sodium light. She
highlighted some of the features of same and noted the firm's claim
that use of the low pressure sodium light will result in a 90% reduction
in energy consumption.
There was a brief discussion on the pro's and con's of the use
of the low pressure sodium light and also of the feasibility of conversion
to such use by F.P. & l. Commissioner Archer noted that in talking with
representatives from F.P. & l. about use of the light, it w~s indicated
to him that the cost of conversion would far outweigh the benefits of
energy conservation. He said they also told him that F.P. & L. was under
contract for future supplies of lighting equipment to a manufacturer that
did not make the low pre$sure light.
Engineer Barksdale asked that the staff be given the opportunity to
study the light and its potential uses and prepare a feasibility study.
Regarding the firm of Lustra Lighting's request for the Board to
I
urge F.P. & L. to use the light, it was decided to wait until staff com-
pleted their study before making any recommendations. Chairman Wenzel
requested Mr. Barksdale to consider usIng the sodium light in future
lighting districts if conversion within existing lighting districts is
not feasible.
MISCELLANEOUS CORRESPONDENCE - FILED AND/OR REFERRED
There being no objection, the Chair directed that the following
corrcspondcncc be filed and/or referred to the various departments as
indicated:
1. Copy of letter dated November 7, 1979 to William Reagan. Clerk
of the Circuit Court, from State Board of Accountancy, re Review
of audit for American Ambulance, indicating that review requested
is a legal matter without their jurisdiction. - Filed.
800K
2. Letter dated November B, 1979 to Mr. Berzon, from Frank Pettengill.
North Naples Fire Control District, re check of fire hydrants and
resultant problems with hydrant near bridge over Vanderbilt lagoon,
and requesting a meeting to discuss same. xc Mr. Serzon. Utilities,
and filed.. ,~.'~ .-
.~'~.~... ...~
3. Copy of letter to D.O.T. from County Engineer. dated No~~r 14~~
1979 regarding the status of Phase III of the transit stud{ and ;:.~~
050 PAGE 232 ~~u~~:~~~a~~~/~~u~~: :~~a~e~=~:~:~~~~lJ~f n:~ ~~c~a~\~i:~~ :.~/
November 20. 1979
17. letter dated November 8, 1979 from Collier Mosquito Control
District transmitting their Annual Cert1fied Budget for
FY 79-78, also, rescheduling the Regular Meeting of the
Board of Commissiri,ers for CMCD to December 11, 1979 at 3:30
P.M. - Filed; xc Mr. Hall.
18. Letter from Or. Maurice Friot dated November 7, 1979 requesting
the BCC reconsider their decision to terminate the palm inocu-
lation program. xc County Manager. filed.
19. Copy of letter from County Manager dated November 13, 1979,
to CETA (Dept. of Labor) transmitting cost allocation ~Ian as
approved by the BCC last week. Filed.
20. Public Service Commission Notices as f0110ws: (Filed)
A. Docket No. 770671-CI-Investigation and order to show
cause re oil overcharge - Florida Power Corporation.
B. Docket No. 790909-CCT-re application of Three Transpor-
tation, Inc.. for a certificate to transport storage
tanks, etc.
C. Docket No. 790874-CCT re Application of A-I Dahill
Moving and Storage Company, Inc. for an extension of
Certificate No. 592.
D. Docket No. 790887-KC re Application of Star Transporta-
tion Co. for a Certificate to transport General Commodities.
E. Docket No. 790873-CCT re Application of William A.
Edwards Moving and Storage, Inc. for a certificate to
transport household goods.
F. Docket No, 790571-EU declining Block Rate Structure;
Docket No. 79-B59-EU Coordinated decision making affect-
ting the demand for electricity in Florida.
I
G. Docket No. 780793-EU Peak Load' Pricing; Docket No. 790859-EU
Coordinated Decision Making Affecting the demand for
Electricity in' Florida.
21. Departmental Reports: Monthly reports received from
(a) Animdl Control, and (0) Hu1ld1ng Maintenance. ~1Ied.
There being no further business for the good of the County, Chairman
Wenzel adjourned the Regular Session of the Board of County Commissioner's
Meeting. Time: 11:30 A.M.
BOARD OF COUNTY COt1MISSIONERS/EX
OFFICIO GOVERNING BOARDS(S) OF SPECIAL
DISTRICT UNDER ITS CONTROL
.' HIEST:
.."",\\, WILt~~:J. REA~N,/
t ftf;~
" '. ,
. ,
.
:'.. }
./~
.~ If ": It'' \
050 . , . ,Y";:,)
eoox,: ' fACf 234.. ~~~~V,~,'~; , " ':~::
~~.~~:.. '-;',', ~r~.'Jf'1:-'t~.'~. ': ~,.: ':.\,,: .
...'..' ;ll,O.,.. .,>"..1..; ''lj~'-'''~ ,,'
. ,1<', : ~ .', '-.;',;:1" "~.. ~ i::~r~:fi. 1 ,(',1~:'.."';'.'4