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BCC Minutes 11/27/1979 R Naples. Florida. November 27. 1979 LET IT BE REMEMBERED. that the board of County Commissioners in and for the County of Collier, and also acting as the Governing Board(s) of such special 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 Bv~lding "F" of the Courthouse Complex with the following members present: CHAIRMAN: Clifford Wenzel VICE-CHAIRMArI: Thomas P. Archer John A. Pistor C. R. "Russ" Wimer David C. Brown ALSO PRESENT: William J. Reagan, Clerk; Harold L. Hall. Chief Deputy Clerk/Fiscal Officer. Edna Brenneman, Deputy Clerk; C. William Norman, County Manager. Donald A. Pickworth, County Attorney. Irving Berzon, Utility Director; Clifford Barksdale. Puhlic Works Administrator/ Engineer. Danny Crew, Planning Director; Jeffory Perry, Zoning Director. Neno J. Spagna. Planning Consultant; Lee Layne, Planner; Aubrey Rogers. Sheriff. Mary Morgan, Administrative Aide to the Board; and, Deputy Chief Raymond Barnett, Sheriff's Department. BOARD OF COUNTY COMMISSIONERS FINAL AGENDA November 27, 1979 NOTICE: ALL PERSONS SPEAKING ON ANY AGENDA ITEM MUST REGISTER PRIOR TO THE ITEM BEING HEARD. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED TO THE COUNTY MANAGER AT LEAST ONE WEEK PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS" AT 11:00 A.M. 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF AGENDA 4. APPROVAL OF MINUTES: October 30, 1979 5. PROCLAMATIONS AND PRESENTATIONS. OF AWARDS A. Proclamation of Month of December as "Neighborhood Watch Month". aOOK 050 rAC! 239 November 27, 1979 AGENDA - APPROVED WITH ADDITIONS/DELETIONS Commissioner Pistor moved, seconded by Commissioner Archer and unanimously carried, that the agend~ be approved with the fOllowing additions and deletions: 1. Petition CCCL-79-5C, George L. Varnadoe for VBC Limited, requesting variance from CCCL - although advertised to be heard t~is date, will be heard December 4. 1979. due to error in advertising. (N~t listed on agenda) 2. Petition R-79-10C, Whispering Pines, Inc., requesting rezoning for pro~erty kn~wn as Fishenman's Cover (continued from 7/10/79 arid 10/30n9) - Further continued until 1/8/80 at request of petitioner. 3. Appointments to Health Facilities Authority - Deleted. 4. Discussion of water service to Willoughby Acres Subdivision by 8lwood Witt - Added under Public Petitions. MINUTES OF OCTOBER 30, 1979 - APPROVED Fiscal Officer Harold Hall related to the Board that Budget Amendment 79-154 reflecting year-end closing adjustments as submitted for adoption on October 30, 1979 contained two transpositions of figures which have since been corrected and that the Budget Amendment contained in the Minutes of said meeting reflect the corrections. Commissioner Pistor n~ved, seconded by Commissioner Archer and carried unanimnu!:ly, that the Minutes of the meeting of October 30, 1979 be approved. PROCLAMATION ESTABLISHING THE MONTH OF DECEMBER, 1979 AS "NEIGHBORHOOD WATCH PROGRAM. CRIME PREVENTION MONTH" - ADOPTED Following his reading of the following Proclamation, Chairman Wenzel directed that the month of December, 1979 be established as "Neighborhood Watch Program. Crime Prevention Month". The executed copy of the Proclamation was received by various members of the County and City law enforcement agencies, as well as by representatives of the Neighborhood Watch Committee. Mayor R. B. Anderson, City of Naples. commented on the success of the Program and his expectations for continued success. &ODK 050 PAGF 243 November 27, 1979 RESOLUTION 79-172 RE PETITION FDPO-79-V-1, FERRIL BOUTILIER, REQUESTING A VARIANCE FROM FDPO 79-62 TO REDUCE THE MINIMUM BASE FLOOD ELEVATION FOR PROPERTY LOCATED ON GRENADA AVENUE - ADOPTED Legal notice having been published in the Naples Daily News on November 11, 1979 as evidenced by Affidavit of Publication filed with the Clerk. public hearing was held to consider Petition FDPO-79-V-1, filed by Feiril Boutilier, requesting a variance from Flood Damage Preventi on Ordi nance 79-6,~ tv reduce the minimum base fl ood el evation from 11 feet National Geode~ic Vertical Datum (NGVD) to 8 feet NGVD. on property located on Grenada Avenue, Isle of Capri. Dr. Neno Spagna, Planning Consultant, reported that he has personally visited the site which he said is located in the A-12 Zone according to the Flood Insurance Rate Map, and is a vacant parcel with homes on both sides. Chairman Wenzel questioned the wisdom of building a house at an elevation which could be flooded as in the past during Hurricane Donna. Responding to Commissioner Pistor's inquiry, Dr. Spagna replied that the petitioner has been advised regarding the cost of flood insurance with a variance of the type under discussion. Continuing, Dr. Spagna noted that, although not required, he has received letters approving the variance from the two abutting property owners and, also, has, received a letter from the petitioner. datpd Ortnhpr ?~, ,Q7Q, ~rknnwlprl9in9 th~t thp 9r~nting of the variance may have a significant effect on the cost of obtaining flood insurance. In conclusion, Dr. Spagna said that, in reviewing all relevant factors and standards of the pertinent ordinance. the petitioner has met the requirements of same and that, if the Board deems appropriate, the recom- mendation is for granting of the variance. Chairman Wenzel and Commissioner Pistor asked that the minutes reflect the fact that the petitioner has been advised that the area was heavily flooded during Donna and also the fact that there will be an increase in insurance rates. Mr. Allen Fletke, representing the petitioner, apprised the Board of the fact that the Building Permit for the construction was taken out before September 14, 1979, the effective date for implementation of the M,X 050 ,.,~~E245 ~'OOK 050 PACE 24.6 November 27, 1979 ordinance. however, actual construction was not started due to his interpretation regarding the definition of the start of construction, and said that the only work which had begun was the clearing of the lot. Commissioner Pistor pointed out that the law states that at least the four corner pilings, or construction of the foundation slab, was neces- sary in order to be considered the start of construction. I1r. Fletke noted his understanding of the law. There being no person',; r~~g'lstered to speak on the matter, Commissioner Wimer moved, seconded by Commissioner Brown and carried unanimously, that the public hearing be closed. Commissioner Archer inquired as to what provisions have been made to prevent flooding of the neighbors' yards with respect to drainage, runoff, and the like. Dr. Spagna replied that the ordinance requires that the engineer submit some type of design which will provide for the flow of the waters into swales or canals for County approval. However, said Dr. Spagna. it is understood that some of the runoff will flow into the abutting properties anyway and said that he did not want to imply that 100% of the runoff will be retained on the property. In answer to Chairman Wenzel's query, Dr. Spagna said that petitioners are advised that a better design would be for construction on piling and/or stilts; however, he said that that is a matter of the architect's choice - not the County's. Commissioner Wimer moved. seconded by Commissioner Pistor and unanimously carried, that the Resolution 79-172 regarding Petition FDPO- 79-V-1, as detailed above, be adopted. * * * * * .:--"..,..... aMK 050 PACE 250 November 27, 1979 RESOLUTION 79-173 RE PETITION FDPO-79-V-2, COLLIER COUNTY PARKS AND RECREATION DEPARTMENT, REQUESTING A VARIANCE TO REDUCE THE MINIMUM BASE FLOOD ELEVATION ON TIGER TAIL BEACH PROPERTY - ADOPTED Legal notice having been puhlished in the Naples Daily News on November 11, 1979 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was held to consider Petition FDPO-79-V-2, filed ~I the Parks and Recreation Department. requcsting a variance from FDPO 79-62 to re~ucp. tr~ minimum base flood elevation from 12 feet NGVD, as requir~d by FIRM, to 9 feet NGVD. for property known as Tiger Tail Beach, Marco Island. Dr. Neno Spagna, Planning Consultant, reported that he has visited the site, accompanied by the Parks and Recreation Director and by Environmental Consultant, Dr. Jay Harmic, and noted that the property is in V-12 Zoning which is high hazard zoning. However, said Dr. Spagna, the construction planned for the p~rty will not be habitable, but rather will be used for bathhouses, storage, and the like. He also pOinted out that the nearest residence will be approximately 400. from the subject property. Or. Spagna said that the petitioner is aware that if there is any insurance involvement it could considerably raise the cost of the premium. The pavillion, said Or. Spagna. has been in the process of being planned and developed for a considerable len~th of time, lon~ beforp. FDPO 79-62 was adopted and that State aid has been obtained on the basis of proceeding with the original plans. Chairman Wenzel observed that since the property is County property the insurance premium would cost the County money, and inquired about the State requirements. i.e. would the State permit a reduction in the elevation. Mr. Ro11ie Rice, Parks and Recreation Director, informed the Board that Mr. Don Gersten, State DNR agency representative, had visited the area recently at which time the variance was discussed, and that the information he had received was that the granting of the variance would have no effect on the State aid. Responding to Chairman Wenzel, Mr. Rice said that this information was made verbally; however, he said that he could gl't such statement in writing if the Board so desired. Chairman Wenzel directed that this be done. November 27. 1979 In conclusion, Dr. Spagna said that the variance is in accordance with the requirements of ~~e pertinent ordinance and added that it would be very difficult to construct the pavillion at the required elevation and provide all of the ramping, and the like, which is necessary for use by handicapped persons. He said that approving the variance would serve a public purpose, if granted. County Manager C. William Norman brought to the Board's attention that the Legal Department has advised that the record should reflect in detail the reasons that such variances are being granted, It was Commissioner Wimer's observation that the recommendations and reasons are contained in the appropriate Executive Summaries regarding same and also on the tape recordings of the hearings. There being no further persons expressing a desire to speak on the matter, Commissioner Wimer moved, seconded by Commissioner Archer and unanimously carried, that the public hearing be closed. Returning to the matter of assurance by the State regarding the reduction in the base flood elevation having no effect on the pertinent grant, County Attorney Pickworth said that if such assurance can be obtained in writing, it would be a good idea. Chairman Wenzel expressed the desire that Mr. Rice follow through on the suggestion and that such assurance will be obtained. Commissioner Wimer moved, seconded by Commissioner Brown and unani- mously carried, that Resolution 79-173 with regard to Petition FDPO-79-V-2, by the County Parks and Recreation Department, as detailed abov~ be adopted following the recommendation by staff. . . . . ~n~)( 0.i0 "~rr' ?fif &OOK 050 PACE 256 November 27, 1979 PETITION R-79-10C. WHISP~RING PINES. INC., REQUESTING REZONING FROM RN-2, RM-2ST, RM-1 AND RM-1ST TO GOLF COURSE FOR PROPERTY lOCATED IN SECTION~ 14 and 23, T50S, R25E. FOR PROPERTY KNOWN AS FISHERMAN'S COVE - CONTINUED TO 1/8/80 Legal notice having been publiShed in the Naples Daily News on June 7. 1979 as evidenced by Affidavit of Publication previously fi~ed with the Clerk, public hearing was continued from July 10 and October 30, 1979 to consider Petition R-79-10C, filed by Whispering Pines, Inc.. requesting rezoning from "RM-2", "RM-2ST". "RM-1" and "RM-IST" to "GC" Golf Course for property located in Sections 14 and 23, Township 50 South, Range 25 East, known as Fisherman's Cove. County Manager C. William Norman apprised the Board of the receipt of correspondence dated November 21, 1979 from Lloyd G. Sheehan, President of Whipserin9 Pines, Inc., in which it is requested that the Petition be further postponed until January 8, 1980 in order to complete additional data. Commissioner Archer moved, seconded by Commissioner Pistor and unanimously carried, that Petition R-79-10C be continued until January 8, 1980, as requested. PETITION R-79-11-I, CLARENCE AND MILDRED WEEKS, REQUESTING REZONING tkOi'I "I-I" AND "I-C-J" TO "1-1,11::;0" rOR A PA~CCL rN ::;J, T47::;, fl29E . CONTINUED TO FUTURE DATE Legal notice having been published In the InmokC11ec Bulletin on October 25, 1979 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition R-79-11-I, filed by Clarence and Mildred Weeks, requesting rezoning from "I-I" and "I-C-3" to "I-MHSD" for a parcel of land located in Section 3, Township 47 South, Range 29 East, for the purpose of locating a mobile home subdivision thereon. Zoning Director Jeffory Perry located the property in question on the map displayed and pointed out the zoning categories on the adjacent properties. He noted that there 'is a 165' strip of property currently zoned "I_I" which, if rezoned, would not comply with the Comprehensive Plan and that the petitioner has agreed to withdraw that portion from the petition. J November 27, 1979 The petitioner, Rev. Clarence Weeks, explained the proposed use of the prorerty and the necessity for such use in the subject area. Chairman Wenzel recalled tha~ a similar petition had been filed and subsequently turned down approximately one year aog and inquired as to what changes have been made to the rezoning request which would make it a~ceptable at this time. Rev. Weeks pointed out that the industrial portion has been "cut off" and the situation has changed with regard to the need for the particular uses of the property being contemplated. The matter was deliberated upon at length particularly with regard to residential zoning abutting industrial zoning with Rev. Weeks offering to make "some kind of trade-off" to provide a buffer zone between the two parcels. Commissioner Wimer said that he could not vote to permit this to happen and stated his desire to defer action on the matter in order to work out a transitional zoning from the residential to the industrial with Rev. Weeks stating his willingness to place up to 75' into such zoning. Following additional brief discussion, Commissioner Wimer moved that the pUblic he~ring be continued and that the petition be returned to the IAPC for further study and additional recommendations. The motion was seconded by Commissioner Pistor and unanimously carried. PETITION R-79-9-I, BY JAMES WILLIAMS, JR., REQUESTING REZONING FROM "I-A-2" TO "I-C-l" FOR A PARCEL IN S3, T48S, R30E - DENIED Legal notice having been published in the Immokalee Bulletin on October 25, 1979 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition R-79-9-1, filed by James W111 iams, Jr., requesting rezoning from "I-A-2" to "I-C-l" for a parcel in Section 3, Township 48 South, Range 30 East. Immokalee. to allow for the construction of a convenience store with ga~oline pumps. At the request of County Attorney Pickworth, the public hearing was continued for a short period of time to allow for further consultation with staff and the attorney for the petitioner. n:;n "'"~ 9~,", ( f 1 ~JOK 050 PACf 258 November 27, 1979 Later in the session, Zoning Director Jeffory Perry located the property as lying on the north side of C-840 and approximately 3/4 of a mile west of the Hendry County Line, within the boundaries of the Area of Critical State Concern. Or. Danny Crew, Planning Director, stated that there are two separate issues involved in the petition - one being a substantive issue as to whether tl',e rezoning is good or bad; and the other being a procedural issue.. Addressing the latter, Dr. Crew stated that he interprets the State Attorney General's opinion that property cannot be rezoned in viola- tion of the Comprehensive Plan which shows the subject property as "Agriculture". Therefore, said Or. Crew, if the property is to be rezoned, the Plan must be changed to a classification that would be appropriate for "Commercial". Then, he continued, the issue of whether or not the rezoning is good or bad can be addressed. Responding to Chairman Wenzel, Mr. Perry said that the rezoning could be considered spot zoning; it would be detrimental to the "A" land around it, and that there is no justification for commercial zoning in the subject area. Attorney Pickworth observed that the Attorney Generalis opinion, previously referred to, does nothing more than state what the Statutes provide and he read from the pertinent section of said Statute~, adding ~~: :~:TlijC:':~ t~..L t~c :~~ff. prt'':'l?rflll'/llly, "/Ie: tAl..,." th,. rnc:itinn, ""'!1/1rrl. less of the fact that the rezoning petition was originally submitted prior to the adoption of the Plan, that. nevertheless, the adoption of the Plan and the clear intent of the Statute, is that the zoning must conform thereto. Responding to Commissioner Wimer, Attorney Pickworth agreed that, irregardless of the procedural aspects, the recommendation of the Planning Director for denial is a separate issue pertaining to whether or not the rezoning is good or bad. Attorney M. W. Schryver represented the petitioner and recalled that the petition was filed as a rezoning petition prior to the adoption of the Planning Act, and treated as a rezoning by the former Zoning director and the Planning Staff. He added that until this date it was never brought up that the procedures of the,Plan would be in any way November 27, 1979 invoked and said that, in his opinion from a legal point of view, any activity in the works prior to adoption of the Plan can be treated as such even though it may amount to a change in the Plan which could be accomplished under the procedures of the Plan. The discussion which followed addressed such matters as review by the State due to the property'S location in a buffer zone, whether or not the current use of the property is for agricultural purposes, the recommendation from the IAPC for approval, the staff recommendation for denial, and the intrusion of commercial zoning into farmland which is undesirable. There were no persons registered to address the Board wh~reupon Commissioner Archer moved, seconded by Commissioner Pistor and unanimoUSly carried, that the public hearing be closed. Commissioner Pistor moved, seconded by Commissioner Brown and carried unanimously, that Petition R-79-9-I, filed by James Williams, Jr., requesting rezoning of certain property in Immokalee, be denied. PETITION R-79-13-I, IAPC, REQUESTING REZONING OF LOTS 2-6, BLOCK 27, NEW MARKET SUBDIVISION, IMMOKALEE - PUBLIC HEARING CONTINUED AT REQUEST OF STAFF Legal notice having been published in the Immokalee Bulletin on October 25, 1979 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition R-79-13-I, filed by the Immokalee Area Planning Commission, requesting rezoning of Lots 2-6, Block 27, New Market Subdivision, Immokalee. Zoning Director Jeffory Perry explained that the IAPC is requesting rezoning of the subject properties from "I-IiF-l to "I-C-2", recalling that the Board recently approved the rezoning of Lot 1, in the same block, to "I-C-l", with the remaining subject lots left zoned as multi-family. However, said Mr. Perry, the subject lots are currently being used for various commercial uses, adding that such rezoning will be in conflict with the Comprehensive Plan. It was Mr. Perry's recommendation that the petition be continued until the proper procedures to "amend the Plan can be prepared, which he said would be approximately three months. eo~K 050 PAct: 259 MOK 050 PACE260 November 27, 1979 Commissioner Archer moved to continue Petition R-79-13-I, at the reque~t of staff, until further studies can be made and reported back to the Board. Commissioner Plstor seconded the motion which carried unanimously. Chairman Wenzel requested that the process be expedited as soon as possible. . . . RECESS: 10:10 A.M. until 10:20 A.M. . * * PETITION R-79-18C, DONALD STONEBURNER. REQUESTING REZONING FROM WI TO "MHRP" IN S5, T50S, R26E - ADVERTISING AUTHORIZED FOR PU3LIC HEARING 1/8/80 Commissioner Wimer moved, seconded by Commissioner Archer and unanimously carried, that Petition R-79-18C. filed by Oonald Stoneburner, requesting rezoning from "A" to "MHRP"'in Section S, Township 50 South, Range 26 East, located on the south side of Radio Road approximately 1.7 miles east of Airport RQad, be advertised for public hearing on January 8, 1980. PETITION R-79-34C, BRUCE MUMM, REQUESTING REZONING FROM "PUD" TO "PUD" IN SECTIONS 19 and 32, TSOS, R2GE - ADVERTISING AUTHORIZED FOR PUBLIC HEARING JANUARY 8, 1980. Commissioner Wimer moved, seconded by Commissioner Archer and un03nimously c.1rried, th.)t Petition R79-34C, filed by Bruce MUrmI, requesting rezoning from "PUD" to "PUD" in Sections 19 and 32, Township 50 South, Range 26 East. located off Tamiami Trail south of ~rt1e Cove Acres, be advertised for public hearing January 8, 1980. PETITION R-79-35C, OVERS~DEVELOPMENT CORPORATION, REQUESTING REZONING FROM "RM-2" TO "GRC" ON PROPERTY LOCATED IN S12, TSOS, R25E - ADVERTISING AUTHORIZED FOR PUBLIC HEARING JANUARY 8, 1980 Commissioner Wimer moved, seconded by Commissioner Archer and unanimously carried, that Petition R-79-35C, filed by Overseas Develop- ment Corporation, requesting rezoning from "RM_2" to "GRC" on property located in Section 12, Township 50 South, Range 25 East, located off the east side of Airpor~ Road between Glades Boulevard and the Courthouse, b advertised for public hearing January 8, 1980. November 27, 1979 PETITION CP-79-7C, OVERSEAS DEVELOPMENT CORPORATION, REQUESTING LAND USE AMENDMENT FROM RESIDENTIAL 6.22-30 UNITS TO "e" LAND USE IN S12, TSOS, P25E - ADVERTISING AUTHORIZED FOR PU~LIC HEARING JANUARY 8, 1980 Commissioner Wimer moved, seconded by Commissioner Archer and unanimously carried, that Petition CP-78-7C, filed by Overseas Develop- ment Corporation, requesting land use amendment from Residential 6.22-30 units per gross acre to Commercial land use in Section 12, TownShip 50 South, Range 25 East, located off Airport Road between the Courthouse and Glades Boulevard, be advertised for public hearing January 8, 1980. PETITION FDPO-79-V-3, HOWARD R. KEOUGH, REQUESTING VARIANCE FROM MINIMUM BASE FLOOD ELEVATION - ADVERTISING AUTHORIZED FOR PUBLIC HEARING DECEMBER 18, 1979 Commissioner Wimer moved, seconded by Commissioner Arch~r and carried unanimously. that Petition FDPO-79-V-3. filed by Howard R. Keough, requesting a variance from the minimum base flood elevation from 11' NGVD to 9.7S' NGVD on property located on Pepperwood Court, Marco Island, be advertised for public hearing December 18, 1979. PETITION FDPO-79-V-4, BRYCE D. F. HARVEY, REQUESTING VARIANCE FROM MINIMUM BASE FLOOD ELEVATION - ADVERTISING AUTHORIZED FOR PUBLIC HEARING DECEMBER 18, 1979 Commissioner Wimer moved, seconded by Commissioner Archer and unanimously carried. that Petition FDPO-79-V-4, filed by Bryce D. F. Harvey, requesting a variance of 2.62' from II' NGVD for property located on Jamaica Road, Isle of Capri, be advertised tor publ1c hearing December 18. 1979. ORDINANCE CREATING DEPENDENT TAXING DISTRICT ENCOMPASSING PRECINCTS 3 AND 4, MARCO ISLAND, INCLUDING GOODLAND, FOR CONSTRUCTION AND OPERATION OF A COMMUNITY CENTER BUILDING - ADVERTISING AUTHORIZED FOR PUBLIC HEAR ING DECEMBER 18. 1979 - Commissioner Wimer moved, seconded by Commissioner Archer and carried unanimously, that a proposed ordinance creating a dependent taxing district, encompassing Precincts 3 and 4, Marco Island (inclUding Goodland), for the construction and operation of a community center building, be advertised for public hearing December 18, 1979. aoOK 050 "ACE 28f -~~~ November 27, 1979 PETITION FROM JERRY DRAKE, AGENT FOR DONALD BABINSKI, REQUESTING VACATION OF 15' ALLEYWAY LYING SOUTH OF LOTS 1-4, BLOCK B, EASTGATE SUBDIVISION - ADVERTISING AUTHORIZED FOR PUBLIC HEARING DECEMBER 18, 1979 Commissioner Wimer moved, ~econded by Commissioner Archer and unanimously carried, that the petition, filed by Jerry Drake, Agent for Donald Babinski, requesting the vacation of a 15' alleyway lying ~outh of Lots 1 through 4, Block B, Eastgate Subuivision, be advertised for public hearing December 18, 1979. REQUEST BY HORACE L. AND THELMA L. TINDELL FOR VACATION OF A PORTION OF FIRST AVENUE SOUTH, BLOCK 1, EASTOVER SUBDIVISION, IMMOKALEE - ADVERTISING AUTHORIZED FOR PUBLIC HEARING JANUARY 8, 1980 Commissioner Wimer moved, seconded by Commissioner Archer and unanimously carried, that the petition filed by Horace l. and Thelma L. Tindell for vacation of a portion of First Avenue South, Block 1, Eastover Subdivision, Immokalee, be advertised for public hearing January 8, 1980. ORDINANCE ESTABLISHING PROGRAM GUIDELINES FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT HOUSING REHABILITATION PROGRAM - ADVERTISING AUTHORIZED FOR PUBLIC HEARING JANUARY 8, 1980 Commissioner Wimer moved, seconded by Commissioner Archer and unanimously carried, that an ordinance establishing Program Guidelines for the Community Development Block Grant Housing Rehabilitation Program, be advertised for public hearing on January 8, 1980. PETITIOfl FP-79-1lC, P~LICAN UAY, REQUESTING fINAL PLAT APrnOV^L OF PELICAN BAY UNIT 2 - FINAL PLAT APPROVED At the conclusion of a brief statement by Planner lee Layne that the Engineering Department has reviewed the final plat for Pelican Bay Unit 2 and has found it in compliance with County Subdivision Regulations, Commissioner Archer moved, seconded by Commissioner Pistor and unanimously carried, that the Final Plat for the subject property be approved, as requested in Petition FP-79-12C, and as recommended by staff. November 27, 1979 RESOLUTION 79-177, RELATING TO PETITION PU-77-15C, EXTENDING PROVISIONAL USE OF PROPERTY IN S33, T51S, R34E, AS REQUESTED BY E~XON CORPORATION - ADOPTED. EXTENDItlG TIME PERIOD 1'0 DECEMBER 6, 1980 Planner Lee Layne explained that, due to an unusual amountof rainfall and a short dry season, a request has been received from the Exxon Corporation for an extension of the Provisional Use granted by the Board with regard to Petition PU-77-15C. Commission!r Pistor moved, seconded by Commissioner Archer and carried unanimously, that Resolution 79-177 extending until December 6, 19&0 the Provisional Use of property located in Section 33, Township 51 South, Range 34 East, requested by the Exxon Corporation, be adopted. .. .. .. .. .. .. .. .. &ODK 050 PAcr2B3 .. November 27, 1979 CREATION OF TEMPORARY FULL-TIME POSITION OF CONSTRUCTION INSPECTOR FOR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM - APPROVED; BUDGET AMENl"~ENT RE SAME AUTHO~I ZFIl Planning Director Danny t~ew explained the need for an additional position of Construction Inspector with regard to the Community Block Grant Program, as contained in the Executive Summary prepared by him dated November 20, 1979. He said that the position would be temporary and would expire at the time the grant funds expire and, also, that, due to the significant downtrend in County building activities, it is hoped that the position can be filled by transferring a Building Depart- ment employee to the Program. Commissioner Wimer, expressing his desire that the proposed transfer can be implemented. moved for approval of the creation of a temporary full-time position of Construction Inspector, Pay Grade 29, for the Community Development Block Grant Program. The motion was seconded by Commissioner Pistor and unanimously carried. Dr. Crew requested approval for revisions to the FY 79-80 Community Development Block Grant Budget to reflect the above- referenced additional position and also to reimburse the County for some indirect costs such as his salary and other employees not directly involved in the Program. Chainman Wenzel directed that the necessary information be given to the Fiscal Officer for the preparation of nn appropriate budget amendment to be brought back to the Board at the next meeting. PETITION C-79-2-I, OUR LADY OF GUADALUPE CATHOLIC CHURCH, REQUESTHlC CARNIVAL PERMIT - PERMIT GRANTED, AND SURETY BOND WAIVED Commissioner Archer moved, seconded by Commissioner Brown ~nd unanimously carried, that a Carnival Permit, with regard to Petition C-79-2-I filed bv Our Lady of Guadalupe Catholic Church, Immokalee, to conduct a Church Carnival on December 6-9, 1979, be granted, and that the requirement for surety bond re same be waived, pursuant to staff recommendation. 800K 050 PACE 255 November 27, 1979 RESOLUTION 79-174 AMENDING TilE BCC'S PERSONNEL POLICIES AND PROCEDURES ON PR~MOTION, DEMOTION, TRft~SFER, PAY ADJUSTMENT AND RECLASSIFICATION - ADOPTED Assistant County Manager John Walker explained briefly the informa- tion contained in the Executive Summary dated November 16, 1979. as prepared by him, with regard to amendments to the Boardls Personnel Practices and Policies, Sections 5-6 through 5-10, pertaining to Promo- tion, Demotion, Transfer, Pay Grade Adjustment, and Reclassification, to more accurately reflect the needs of the County and its employees. Commissioner Wimer moved, seconded by Commissioner Archer and unanimously carried, that Resolution 79-174, as referencprl above, be adopted. and that the revised policies contained therein be effective October 1, 1979. ." ." ." ." ." ." ." ." &OOK 050 PACE 267 ." j',~~K 050 Ph~~2TO November 27, 1979 Bce DESIGNATES DECEMBER 4, 1979 AS "YOUTH IN GOVERNMENT DAY" AND AUTHORIZES EXPENDITURE OF FUNDS RE SAME NOT TO EXCEED $250.00 COli,lty Manager C. Wil1iarn Norman explained the plans being made, pursuant to Board approval, for the annual "Youth in Government Day", as contained in the Executive Summary prepared by his staff. He said that December 4, 1979 has been scheduled as the date for this year's event, on which date the selected students from Barron Collier and lely High Schools will appear before the Board as part of the meeting during which a resolution will be presented for adoption. Mr. Norman requested approval to proceed with the Program, including the erpendi- ture of funds to provide luncheon for the participants. Commissioner Archer moved, seconded by Commissioner Wimer and unanimously carried, that the plans presented by Mr. Norman for "Youth in Government Day" be approved, including the authorization for appro- priation of funds from the General Fund in an amount not to exceed $250.00 ADVERTISING AUTHORIZED FOR CONSULTANT ENGINEERING SERVICES FOR CON- STRUCTION OF GOODlETTE ROAD EXTENSION AND AIRPORT ROAD; COUNTY MANAGER, COUNTY ENGINEER, AND COUNTY TRANSPORTATION DIRECTOR APPOINTED TO CONSUL- TANT SELECTION C~lITTEE RE SAME Public Works Administrator/Engineer Barksdale addressed the Board requesting authorization to advertise for consultant engineering services, and the appointment of a Selection Committee for the con- struction of Goodlette Road Extension. which is Golden Gate Parkway, from Airport Road to Goodlette Road, and Airport Road from Golden Gate Parkway north to Pine Ridge Road. He said that both projects, which have been designed by the DOT consultants and for-warded to the County for execution of the construction. have been reviewed and it is felt that both projects can be let as one project and thereby save on both administrative overhead and construction costs. He said that the consultant would provide engineering services for the preparation of the contract documents and the supervision and inspection work for the project. Responding to Commissioner Pistor, Mr. Barksdale said that there are no additional plans involved - the plans hav~ all been drawn. November 27, 1979 Commissioner Archer moved, seconded by Commissioner Pistor and unanimously carried, that advertising be authorized for consulting engineering services with re~~rd to the above.referenced project, and that County Manager Norman, County Engineer Barksdale, and Transportation Director Archibald be appointed to a Consu1tant Selection Committee for the purpose of recommending the number one, two. and three firms. BOARD APPROVES WAIVER OF BID PROCESS RE PURCHASE AND INSTALLATION OF FENCING FOR IMMOKALEE PARK AND APPROVES AWARDING OF CONTRACT TO SEARS ROEBUCK AND COMPANY IN THE ~~UNT OF $3.818 As recommended in the Executive Summary prepared by the Purchasing Department. dated November 21, 1979, Commissioner Brown moved, seconded by Commissioner Wimer and unanimously carried, that the uid process be waived, and that the furnishing and installation of a chain link fence for the Immoka1ee Park be awarded to Sears Roebuck and Company in the amount of $3,818. said cost having been obtained through written quotation. RESOLUTION 79-175 AUTHORIZING THE ACQUSITION BY PURO~SE OR EMINENT DOMAIN OF CERTAIN LANDS LOCATED IN GOODLAND FOR CONSTRUCTION OF" POTABLE WATER STORAGE TANK RE PROPOSED GOODLAND WATER SYSTEM - ADOPTED Utility Director Irving Berzon reviewed briefly the information contained in the Executive Summary with regard to the acquisition of certain property located in Goodland for the construction of a potable water storage tank as part of the Goodland Water System. Replying to Chairman Wenzel's inquiry, Mr. Berzon stated that the proposed site is felt to be the only desirable site since other properties in the area are either in areas of criticaJ concern, or in close proximity to other housing, or there are other circumstances which make them far less desirable and/or more expensive. County Attorney Pickworth, also acting as Attorney for the County Water-Sewer District, stated that the consultants have advised that the subject property is the most feasible and probab1y the only really practically feasible piece of property for the site inasmuch as it is located near the entrance of Goodland. He noted that property located further inside the Island would necessitate backtracking on water lines when the system is installed. He said further, that there is wide dis- agreement between the owner of the property and the County of what the M'l'( n~n "'N.?7f' BOO'K 050 PACE 272 November 27, 1979 property is worth, although he said that further attempts will be made to purchase it. Attorney Pickworth stated that it is his feeling that the property will have to be condemned and taken, "battling it out in court later over what it is worth". He said that the County's appraiser puts a 10\1 value on the land, most of which is mangrove, with one small high .:1ot. Chainman Wenzel questioned how the County can be permitted to "f111" certain areas of the property since it is adjacent to an area of critical concern with Mr. Berzon explaining that the filling, in this case, is not regarded as being in part of the wetlands and that it is being filled only to permit the natural surface drainage to take its natur~l course and not for actual construction. He pointed out that a DER permit has been obtained with the stipulation that the property cannot be used unless it is in County ownership. Commissioner Archer moved, seconded by Commissioner Pistor and unanimously carried, that Resolution 79-175 authorizing the acquisition by purchase or eminent domain of certain lands in Goodland to provide a site for the construction of a potable water storage tank as part of the proposed Goodland Water System, be adopted. * * * * * * MOl< 050 PACE 276 November 27, 1979 ROUTINE BILLS - AUTHORIZED FOR PAYMENT Following Fiscal Officer Harold Hall's statement that the bills being J:..'esented have been pr"cessed following established procedures and that funds are available, C~nmissioner Pistor moved, seconded by Commissioner Archer and unanimously carried, that the bills be approved for payment as witnessed by the following warrants issued from November 21, 1979 through November 27, 1979: FUND County Warrants WARRANT NOS. 1800 - 1937 REIMBURSEMENT TO TAX COLLECTOR FOR POSTAGE EXPENDITURES PURSUANT TO FS 197.072 - APPROVED IN THE AMOUNT OF $26,570.79 Fiscal Officer Harold Hall brought to the Board for specific Board approval a bill for reimbursement to the Tax Collector for postage used to process and send to taxpayers t~e 1979 Real Estate and Tangible Personal Property Taxes. He said that, in the past, the Tax Collector paid for this expense in his budget but Florida Statute 197.072 prOVides that this should be paid from the General Fund. Mr. Hall further stated that this expenditure has not been budgeted and, when the total amount for the year has been ascertained, he will come back to the Board with a Budget Amendment. He pointed out that the subject bill was not the first bill submitted - there was a bill submitted prior to the end of the last fiscal year. It was not included in the budget, said Mr. Hall, because it was not known whether or not the Tax Collector would continue the prior practice of paying for this expense out of his budget or expect it be paid through the General Fund; however, either way, the expenditure comes out of the General Fund, said Mr. Hall, and if the General Fund pays it, in accordance with his request, it will increase the amount of money to be returned as excess fees later on. Commissioner Archer moved, seconded by Commissioner Pistor and unanimously carried, that the reimbursement to the Tax Collector for postage expenditures be approved in the amount of $26,570.79. November 27. 1979 BUDGET AMENDMENT TO PROVIDE FUNDS FOR TRANSFER OF LEAA GRANT TO MENTAL HEALTH UNIT IN THE AMOUNT OF $31,000 - DEfERRED UNTIL 12/4/79 Fiscal Officer HarOld r;,,11. noting that included in the Clerk's Report for this date was a Budget Amendment to provide for funds for the transfer of LEAA Grant to the Mental Health Unit. requested that the item be deferred until the meeting of Decemher 4, 1979. There were no Objections forthcoming. CHAIRMAN AUTHORIZED TO SIGN STATEMENT OF ASSURANCES FOR GENERAL REVENUE SHARING FOR CURRENT YEAR At Fiscal Officer Harold Hall's request. Commissioner Archer moved. seconded by Commissioner Pistor and unanimously carried, that the Chairman be authorized co sign the Statement of Assurances for General Revenue Sharing for the current year. * * * * * . . * 80:>K 050 PACE277 . November 27, 1979 RESOLUTION 79-176 SUPPORTING THE EFFORTS OF THE SOUTHWEST FLORIDA WINTC~ VEGETABLE GROWE~S' ^SSOCIATIONS IN THEIR EFFORTS TO PREVENT "OUMPING" OF VECETABLES BY Mrx1CAN GROWERS - ADOPTED Following his reading of same. Commissioner Brown moved for the adoption of Resolution 79-176 in support of the efforts of the Southwest Florida Winter Vegetable Growers' Associations in their efforts to prevent the "dumping" of vegetables by Mexican growers. The motion was seconded by Commissioner Wimer and unanimously carried. Responding to Mr. Mike Zewalk's query as to whet.her or not such practice has been declared illegal, Commiss10nqr Brown said that the matter is now in the courts and that a decis1of; is being awaited. . . . . . . . . 80~K 050 PACE 279 November 27, 1979 CHAIRMAN AUTHORIZED TO SIGN CERTIFICATES FOR CORRECTION ON 1979 TAX ROLL CC,l11li ss ioner Archer :novpd, seconded by Commiss ioner Pi s tor and unanimously carried, that the Chairman be authorized to sign the following Certificates for Correction to the 1979 Tax Roll: NUMBERS Tangible Personal property~ 1979-77-78 Tangible Personal Property 1979-79-85 Tangible Personal Property 1979-86-90 11-12 13 20 21 22 34-53 62-65 71 74-81 100 106 108-133 135 142-146 148-152 156-157 164 QlliQ. 11/20/79 11/21/79 11/26/79 11/16/79 11/6/79 11/8/79 11/9/79 11/7 /79 11/13 - 11/12/79 11/13/79 11/14/79 lllH - 11/20/79 11/15/79 11/15/79 11/16 - 11/20/79 11/20/79 11/20 11/21/79 11/20 - 11/21/79 11/26/79 11/26/79 REQUEST BY PROJECTS MANAGER, WHISPERING PINES. INC., FOR USE OF COUNTY HELICOPTER FOR AERIAL SURVEY OF FISHERMAN'S COVER BY COUNTY, STATE, AND FEDERAL AGENCIES - APPROVED Administrative Aide to the Board Mary Morgan noted the receipt of a request dated Novemher 15, 1979 from William P. Dahnke, Jr., Projects Manager for Whispering Pines, Inc., for the use of the County Helicopter for an aerial survey of Fisherman's Cove project by County, State. and Federal Agencies. It was stated. said Ms. t~rgan. that, since the use of the vehicle directly affects the project, they are agreeable to paying for the actual operational time of the helicopter, which they understand to be $150 per hour. Commissioner Archer moved, seconded by Commissioner Pistor and unanimously carried, that the request, as detailed above. be granted. STAFF DIRECTED TO SEND APPROPRIATE LETTER TO SHERIFF RE ENFORCEMENT OF "NO SMOKING" ORDINANCE, AND TO PURSUE POSSIBIltTY OF INSTALLING SPEAKERS NOTIFYING WITNESSES RE APPEARANCE IN COURT Administrative Aide to the Board Mary Morgan reviewed the con- tents of the letter dated November 15, 1979 from Judge Ted Brousseau wherein it is requested that the Board do everything in its power to assist in carrying out the intent of the "No Smoking" Ordinance. BOOK 050 PACE~Z November 27, 1979 in "No Smoking" areas was a contributing factor to violations of the ordinance and it was suggewted that they be removed. Deputy Chief Raymond Barnett observed that chpre is a problem in courtroom areas in that witnesses wait as long as eight hours before being called and, with the smoking areas located on another floor, such persons are hesitate about leaving the area and not being able to hear when they are summoned into the courtrooms. Chainman Wenzel directed that an appropriate letter be sent to Sheriff Rogers with regard to enforcement of the intent of the pertinent ordinance, and that the County Manager pursue the pOSSibility of install- ing a loud speaker system in the permitted smoking ar~~s of the courtroom building for the convenience of witnesses, and the like. DISCUSSION OF MARCO ISLAND COMMUNITY CENTER - ESTABLISHMEnT OF A DEPEN- DENT TAX DISTRICT, AND REFERENDUM FOR OPERATION OF SAME. NO ACTION TAKEN PENDING RESULTS OF PUBLIC HEARING RE DISTRICT TO BE HELD DECEMBER 18. 1979 Administrative Aide to the Board Mary Horgan reviewed briefly the contents of the letter dated November 20, 1979 from the MarrJ Island Civic Association, Inc. wherein it is requested that the Board establish, before December 31. 1979, a dependent tax district encompassing Precincts 3 and 4 (Marco Island including Goodland) for the purpose of constructing a Community C~nter building, and also consideration of holding a referen- dum on March ]1, 1980 which, if favorable. would provide for the operation of the building. It was noted by Ms. Horgan, that a proposed ordinance has bep.n ~cheduled for Dncenber 18. 1979 with regard to the establishment of the District. Mr. Leigh Plummer, President of the subject Civic Association, reported to the Board the results of the study made to determine the feaSibility of building a community center, the availability of land to be donated by The Deltona Corporation, the need and proposed uses for the center, the reasons for opposing the project by the Taxpayers' Association - the lone dissenter, and the proposed cost and financing of construction and operation. November 27, 1979 County Attorney Pickworth explained that the ordinance on the matte: to be heard on D~c~~er 18, 1979 has been drafted in very general terms, containing no millage cap, no provisions for an advisory board, and the like, which he said can be discussed and the Ordinance amended at a later date to provide for these matters. He said the first step is the establishment of the District prior to the end of the current year. however, if the outcome of the hearing is favorable, a referendum will be needed on March 11, 1980 for approval of the bond issue, tax levy, and the like. 80ARD APPROVES RECOMMENDATION FOR CHANGF~ IN THE MEMBERSHIP OF THE COLLIER COUNTY HISTORICAL COMMISSION As contained in the recommendation dated November 23, 1979 from Mrs. F. Oean Earl, Collier County Historical Society, Inc., for changes in the roster of members of the Collier County Historial Commission, Commissioner Archer moved that the following list of members be approved: John Beriault James Brig~s A. P. (Bud) Kirk Mildred Roberts Sherrod Lodge McKee William Reagan Mary Manion Mayor of Everglades The motion was seconded by Commissioner Brown and carried unanimously. Commissioner Wimer inquired about the membership of the Commissioners on the Commission with Administrative Aide to the Board Mary Morgan noting that, to her knowledge, the Commissioners are automatically members. Commissioner Wimer suggested that this is not his understanding. Some of the previous members, as noted by Mrs. Earl, will serve on the Brown House Committee. as follows: Ri chard Morri s W. W. Roberts Margaret Scott Duane Julian 01 ga Hi rschhorn Mr. and Mrs. Robert Brown Mary Smith aO~K 050 PACE2B3 aOOK 050 rACE284 November 27, 1979 CHAIRMAN DIRECTED TO SIGN LETTER OF SUPPORT TO HRS RE DAY CARE CENTER following brief explanation by Administrative Aide to the Board Mary Morgan, Commissioner Archer moved. seconded by Commissioner Pistor and unanimously carried, that the Chairman be directed to sign a letter of support to HRS with regard to a proposed day care center by the Collier County Association for Retarded Citizens. 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 i nd i ca ted: 1. Letter dated November 1979 from the Collier County Audubon Society re Fisherman's Cove Devel0pment Project, indicating the Society has passed a resolution Objecting to the approval of the aforementioned project. xc Planning Department. and Filed. 2. Letter dated November 13, 1979 from Bureau of Highway Safety acknowleging the approval of the County's request for federal funds in the amount of $20,440 fpr implementation of A project entitled Traffic Enforcement Emphasis, also transmitting copy of grant No. 80-02-02-K-315-11. Letter also noted effective date of same is November 16, 1979 and explained certain pertinent facts regarding grant. Filed. 3. Notice and related forms received from State Fire Marshal regarding Fire Equipment Dealer License and Permits conveying regulations for renewals of same and noting the expiration of all such licenses and permits. Enclosures are forms necessary to renp.w same. Originals to County Manager. xc Filed. 4. Letter dated November 21, 1979 from Charles R. Chapman regarding his requested name change on his Water/Sewer assessment. xc Steve Fain, Finance, Utility Director. and Filed. 5. Grant Adjustment Notices re Grant No. 77-A5-09=IB01, CJIS Step 3. and Grant No. 78-A4-09-IE01. CJIS Step 3. cc Clerk Reagan. xc Fiscal Officer and Filed. 6. Letter dated November 19, 1979 to William Reagan from Taylor. Edenfield. Gilliam & Wiltshire transmitting two copies of s schedule of water production costs and audited financial state- ments of Capri Water Works, Inc. for FY78-79 for presentation to the BCC. Letter dated November 14, 1979 from abovementioned firm transmitting schedule of water production costs of Capri Water Works, Inc. and requesting that the rate charged by Capri be $1.76 per thousand gallons. effective Janu~ry 1, 1980 xc letters Utilities Director; Cost SChedule - xc Utilities Director; Original letters and Financial Statement and cost schedule - Filed. 7. Letters Dated November 21. 1979 from Ken Millay, Project Manager, Energy Consultant for GEO re federal allocations of grant funds for energy audits and authorization to conduct an energy audit along with forms for same - Forms sent to County Manager, xc letters County Manager. original' letters filed 8. Letter dated November 16. 1979 from Doug McGoon regarding Naples Bay Study - filed. 9. Copy of letter dated November 14, 1979 from DER transmitting Permit No. 0011-6470 re operating a pollution source, issued to Southwind Mobile Village - xc Utility Director. and Filed. ..., " MOK 050 rAl:E286 November 27, 1979 Docket No. 790914-CCT re Application of Fort Lauderdale Transfer and Rigging. Inc., for extension of Certificate No. 147. Docket No. 790913-CCT re Application of Purolator Courier Corp. for an extension of Certificate No. 1020. 22. Monthly Report from Library Department - Filed. 5. 6. STAFF DIRECTED TO REPORT BACK TO BCC ON DECEMBER 4, 1979 WITH RECOMMENDA- TIONS REGARDING WILLOUGHBY ACRES WATER PROJECT Mr. Ellwood H. Witt, one of the developers of Willoughby Acres, expressed his appreciation to the Board for permitting him the courtesy of being heard under Public Petition this date. He recalled the steps which have been taken with regard to the matter of water supply to the subdivision beginning on August 31, 1979 at which time a petition, signed by approximately 72' of the property owners, was submitted to the Board petitioning the BCC to request the Cfty of Naples to extend the planned water facilities from the proposed trunk to Palm qiver Estates through Willoughby Acres, noting that a pro rata share of the trunk line from Victoria Park to Palm River was paid in the amount of $4,000. Continuing, Mr. Witt related the subsequent events which have taken place, including the adoption of a resolution by the BCC in September of 1976, the selection of an engineering firm nine months later, the public meeting with the residents 1n March, 1978 at which time it was indicated t~at the cost would be between $27.00 and $28.00 per front foot for both sewer and water, and that the time-frame would be one year. Since that time, said Mr. Witt. out of the original peitioners. several owners have died, about 30~ have left the ~ubject cOlllllun1ty "in disgust". and that presently 20% of the houses are for sale. Mr. Witt emphasized the need for a potable water supply, citing the plumbing problems being experienced and the tremendous increase in cost for water treatment systems, which must be purchased at a cost of approxi- mately $1,400 per unit. It was suggested during the interim period that aid might be available from HUD , said Mr. Witt, however, he said that the savings involved would only amount to $60.00 annually and that the residents are paying that amount in two months for purification November 27. 1979 of the water. He said that now, three years and three months after submitting the petition, there is still a problem and that the advice recefved from the Utili tJ Director is that the project is still 18 months away. Mr. Witt noted that the construction costs should be much less than in East Naples due to the fac": i,hllt the plans call for the water line on one side of the street and the sewer on the other side and. since it is felt the sewer is not needed and with the water line already extended, it should be a simple matter to install potable water. Con- cluding, Mr. Witt said that it is hoped that, because of the long delay an, future delay in sewers, that consideration wfll be given to supplying wate now, noting that there will be many property owners who will be paying cash for the installation. Utility Director Irving Berzon expressed agreement with Mr. Wittls statements with one exception. Referring to the comment that another referendum is being required, Mr. Berzon said that such information is in error. However, he said that he has been advised that before an increase in the loan over what was originally approved can be authorized by FHA, there is a requirement that two more public hearings will be necessary which could cause another three to five weeks' delay. lengthy discussion followed covering such matters as the savings involved in putting both sewer and water in at the ~ame time. the possibility of financing the project via conventional loan, the reasons why the pUblic hearings are being required by FHD, among other subjects. Mr. Berzon explained that the bond validation resolution is going ahead and that the document is being prepared in such a manner as to proceed along either financing route and, in his opinion, a public hearing at this particular time needs to be a "hold up". County Attorney Pickworth adivsed that the final details with regard to the bond resolution will be completed within a week and one-half. He said after the Board adopts the bond resolution, considering advertising times. circuit court hearing on the validation. and the like, the time involved should be no more than 75-80 days. However, said Attorney Pickworth. if an appeal should be filed. the matter can be held up in the courts for several months. 8O~K 050 PAr.r: 2117 &Oo~ 050 PAtE2B8 November 27, 1979 Mr, William Barton, Willoughby Acres property owner, concurred with Mr. Witt's comments; however, in his opinion. Mr. Barton said that the sewers should also be instailed at the same time due to the problems with septic tanks not working properly due to the high groundwater table experienced every year. It was a fl;..th('r suggestion by Mr. Barton that possibly FHA finant:ing may not be the best approach to tdke since the reduction in interest rate is more than offset by higher construction costs, particularly if there is a two or three month delay involved. Mr. Thomas Peek, Consultant for the project, advised t~e board that if the money was available the project could begin within thirty days, however, said Mr. Peek, due to the advertising and bid requirements, actual construction could not begin for sixty days. Concerning whether or not the two systems can be financed separately, and whether or not there would be a savings in time in this event, Attorney Pickworth safd that the time period would be the same, from 75-90 days from the time of resolution until there is a marketable bond issue unless there is a challenge. He noted that a separate water issue could be challenged as easily as a sewer issue, Mr. Peek stated that his recommendation is still the same as it was two years ago and that is to put in both sewer and water. He said that there are separate documents and that the intent is to advertise them separately but that they could be split should the contractors be different parties. He added that it is immaterial which direction the Board takes; however, he said that the Board should not separate the two lInd "throw one away". Responding to COfm11ss'ioner Wimer's question about the cost of the water system alone. Mr. Peek said that the cost is approximately $500,000, following which the Commissioner suggested that this money be borrowed from a bank on a one-year basis with most of it being paid back by the property owners within that period. Further com- menting, Commissioner Wimer observed that as much as $300,000 has been 1__ i 1__.1 1_.--1 November 27, 1979 spent for engineers and for studies for a water/sewer district and that he does not see why $500,000 more or less could not be advanced tl'l "actually put something in the ground". He said that every possible measure should be taken to move ahead with the project which has been delayed too long. Mr. Berzon said that authorization has not been given to authorize for bids on the project since the source of the money has not been identified, pointing out that bids will not hold for more than 30-40 days. Mr. Witt offered, fn the event the Board decides to "go ahead on your own", to go to every property owner and try to receive cash and said that he would probably get 50S of ft. Concerning further action necessary from a legal standpoint, Attorney Pickworth said that the Board has already given all the authority that is needed unless there is some specific action desired by the Board. He safd that he would check on the public hearing requirements to determfne if one can be held right after another. He said that this should not slow down what is now in progress. He said further that an advancement from the General Fund can be looked at to see if that is possfble. In conclusion, Chairman Wenzel asked that the matter be brought back to the Board December 4, 1979 with some positive recommendations so that definitive action can be taken. There being no further business for the good of the County, the meeting was adjourned by order of the Chair - Tfme; 11:30 A.M. BOARD OF COUNTY COMMISSIONERS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL .f+t