BCC Minutes 10/24/1978 R
Naples, Florida, October 24, 1978
LET IT BE REMEMBERED, that. the Board of County Commissioners
in and for the County of COllier, and a180 acting as the Governing
DoardCs) of such special districts as have been created according
to law and having conducted business herein, met on this date at
9:00 A.M. in Regular Session in Building "F" of the Courthouse Complex
with the following members present:
CHAIRMANs John A. Pistor
VICE-CHAIRMANl David C. Brown
C. R. "Russ" Wimer
Thomas P. Archer
Clifford Wenzel
ALSO PRESENT: William J. Reagan, Clerk, Harold L. Hall, Chief
Deputy Clerk/Fiscal Officer, Edna Brenneman, Deputy Clerkl C. William
Norman, County Manager, Donald A. Pickworth, County Attorney; Irving
Berzon, Utility Director, Neno J. Spagna, Community Development
Administrator, Sam Colding, Property Appraiser, A. P. Ayers, Tax
Collector, Carl Clemmer, Zoning Direotor, Clifford Barksdale, County
Engineer; and Deputy Chief Raymond Barnett, Sheriff's Department.
AGENDA
BOARD OF COUNTY COMMISSIONERS
FINAL AGENDA
October 24, ~978
REQUESTS TO ADDRESS THE BOARD OF COUNTY COMMISSIONERS, WHICH ARE NOT
ON THIS AGENDA, WILL BE HFoARD AT 11:00 A.M.
1. I NVOCATIOli
2. PLEDGE OF ALLEGIANCE
3. APPROVAL OF AGENDA
4. APPROVAL OF MINUTES: R~gular meeting of Oct. 10, 1978 and
Special Meeting of Oct. 11, 1978
5. PROCLAMATIONS & PRESENTATION AWARDS
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October 24, 1978
AGENDA - APPROVED WITH ADDITIONS AND CONTINUANCES
Chairman Pistor advised that the fOllowing two items would be
added to the agenda, if there were no objections I
I. Proposed resolution designating the outer drive
surrounding the Courthouse Complex as "Espinal Boulevard".
2. Report on status of preparation of tax bills by
Constitutional Officers.
The following items were continued and/or referred at the
request of the Chairman and County Manager Normans
1. Recommendation regarding the County's UH-lB Helicopter _
Continued indefinitely.
2. Appeal of revocation of Certificate of Competency by
Gary Antonissen, Rogart Development Corp., - Deferred
for two weeks at request of appellant.
Commissioner Wenzel moved, seconded by Commissioner Wimer and
carried unanimously 5/0, that the agenda be approved with the ~bove-
referenced additions and continuances.
CO~~EMORATIVE RESOLUTION 78-163 DESIGNATING THE OUTER DRIVE SURROUNDING
THE COURTHOUSE COMPLEX AS "ESPINAL BOULEVARD" - ADOPTED
Following Chairman Pistor's reading of the proposed resolution
designating the outer drive surrounding the Courthouse Complex as
"Espinal Boulevard", Commissioner Wimer moved, seconded by Commissioner
Brown and carried unanimOUSly, that Commemorative Resolution 7B-163
be adopted.
Chairman Pis tor called attention to ~he flags displayed on
the dias, stating that they were presented by the City of Espinal,
Colombia, Sister City to t~ people of Naples and Collier County.
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October 24, 1978
MINUTES OF REGULAR MEETING OF OCTOBER 10, 1978 AND SPECIAL MEETING
OF OCTOBER 11, 1978 - APPROVED AS SUBMITTED
Commissioner Wenzel moved, seconded by Commissioner Wimer and
carried unanimously 5/0, that the minutes of the Regular Meeting of
October 10, 1978 and the Special Meeting of October 11, 1978 be
approved as presented.
TAX COLLECTOR AYERS AND PROPERTY APPRAISER COLDING ADVISE OF POSSIBLE
DELAY IN PREPARATION AND MAILING OF TAX BILLS
Property Appraiser Sam COlding informed the Board that it is very
possible that there will be A delay in the preparation and mailing of
the tax bills. He said it was anticipated that the tax rolls would be
received on Monday, October 23rd, however, the printer was slower than
expected and it will probably be Thursday, October 26th, before the
rolls can be certified and submitted to the Tax Collector. Mr. Colding
said that there are a variety of reasons and problems which have con-
tributed to the delay and that it will be November 5th or 6th before the
bills will be mailed, in his opinion.
Tax Collector A. P. Ayers advised that once the computer begins
to print the bills, they will be sent out as rapidly as possible. In
response to Chairman Pistor, Mr. Ayers said that the post office will
pick up mailings, intermittently, as they are ready.
Chairman Pistor expressed appreciation to the Constitutional
Officers for keeping the Board informed and urged that the tax bills
be mailed as quickly as possi~la.
ORDINANCE 78-56 PROVIDING FOR LEGAL HOURS OF SAI~ OF ALCOHOLIC
BEVERAGES IN THE UNINCORPORATED AREAS OF COLLIER COUNTY - ADOPTED
Legal notice having been published in the Naples Daily News on
October 5, 1978 as evidenced by Affidavit of Publication filed with
the Clerk, public hearing was opened to consider a proposed ordinance
providing for the legal hours of sale of alcoholic beverages in the
unincorporated areas of Collier County.
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October 24, 1978
County Attorney Donald Pickworth explained that the ordinance
waG drafted upon request in ord~r to have uniform hours throughout all
of the unincorporated areas for the sale of alcoholic beverages.
Deputy Chief Barnett concurred with Commissioner Brown's statement
that uniform hours will aid the Sheriff's Department with regard to
enforcement of the regulations.
There being no one reqistered to speak on the matter, Commisisoner
Orown moved, seconded by Commissioner Wimer and carried 4/0 with
Commissioner Wenzel temporarily absent, that the pUblic hearing be
clo!Jed.
Commissioner Brown moved, seconded by Commissioner Wimer and
carried 4/0 with Commissioner Wenzel not present, that Ordinance
78-56, as titled below, be adopted and entered in Ordinance Book
No.8.
ORDINANCE ::0. 78- ~
AN ORDINANCE PROVIDI;:G FOR THE LEGAL HOURS OF
SALE OF ALCOHOLIC BE\~RAGES IN THE UNINCORPORATED
AREAS OF COLLIER COt::::LY; PROVIDING FOR DEFINITIONS;
PROVlryING FOR REPEAL OF COLLIER COUNTY ORDINANCE
NO. 76-47; PROVIDING FOR A PENALTY AND PROVIDING
FOR AN EFFECTIVE DATE.
ORDINANCE 78-57 RE PETITION R-78-4-C BY D. A. AND MARGARET HAYNES
REQUESTING REZONING FROM "RM-1Ar "0 "PUD" ON LOTS 6-22 AND 29-39,
BLOCK 1, UNIT 1, NAPLES PARK SUaOIVISION - ADOPTED, AGREEMENT BY
PETITIONER TO STIPULATIONS - ACCEPTED
Legal notice having been publiShed in the Naples Daily News on
September lB, 1978 as evidenced by Affidavit of Publication filed
with the Clerk, public hearinq was held to consider a proposed
ordinance re Petition R-7B-4-C by D. A. and Margaret Haynes, request-
ing rezoning from "RM-1A" to "PUD" on lots 6 through 22, and 29 through
39, Block 1, Unit 1, Naples Park Subdivis~on.
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October 24, .1978
Dr. Neno Spagna, Community Development Administrator, stated
that the property involved is a parcel of land located generally
on the southwesterly section of lllth Avenue Clmmokalee Road) and
u. S. 41. lie said that the Trail Drive-In is presently located on
the property and is a non-conforming operation which will have to
be ceased in 1984, therefore, the petitioner has requested the
property be rezoned from "RM-IA" to a Planned Unit Development. It
is recommended by the Coastal Area Planning Commission, continued
Dr. Spagna, that the petitioner be permitted to continue the drive-in
business; that the theater be moved off of the land presently zoned
"GRc" on the portion that fronts on U.S. 41, moving it westwardly;
that certain parking be permitted, and, that there be a stacking lane
fnr persons driving to the theater. He said there were several con-
ditions which the CAPC recommended in their meeting held Septembe4 21,
1970 wherein the petition was recommended for approval, namely that
the PUD document be corrected which has been done. Also, said Dr.
Spagna, the Site Plan was to be corrected according to the Staff
Report dated September 11, 1978, and this has been done. The petitioner
has agreed to all of the requirements stipulated by the CAPC and it
is recommended for approval, said Dr. Spagna, adding that the rezoning
will permit the petitioner to continue the outdoor theater operation.
Mr. Jim Haynes, representing the petitioner, being the only person
registered to address the petition, declined che opportunity to speak,
whereupon Commissioner Wimer moved, seconded by Commissioner Wenzel and
carried unanimously 5/0, that \..e public hearing be closed.
Commissioner Wimer moved, seconded by Commissioner Brown and
carried unanimously 5/0, that Ordinance No. 78-57, as titled below,
be adopted and entered in Ordinance Book No.8, and that the Agreement
by the petitioner to the stipulations be accepted.
ORDINA.l>JCE: 7 a - -XL-
AN ORDINANCE A!.lENDI::G j:'l.DINANCE 76- ..,) Tin:
COMPREHENSIVE ZO:-:I~G :::ZGULATIONS FOR THE
UNINCORPORATED AREA or THE COASTAL AREA
PLANNING DISTRICT BY .:xc::rlDING THE ZONING
ATLAS HAP NUMBER 48-2:-8 BY CHANGING TilE
ZONING CLASSIFICATIC:: :l:' THE HEREIN DES-
CRIBED PROPERTY FRO:.: ":::':':-lA" SINGLE AND
lo1ULTIFANILY TO "PUD" ?:",;l..NNED UNIT DEVEL-
OPHENT: LOTS 6-22 A.';l) 29-j9, BLOCK 1,
UNIT 1, NAPLES PARK S~3DIVISION, PLAT
BOOK 4, PAGE 5, AND '--~OVIDING AN
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October 24, 1978
RESOLUTION 78-165 RE PETITION V-78-2S-C BY VAUGHN H. AND MARILYN CHAMPEAU
FOR LOT SIZE VARIANCE TO CONSTRUCT A DUPLEX ON LOT 1, BLOCK 2, OLD MARCO
VILLAGE - ADOPTED
Legal notice having been published in the Marco Island Eagle on
October 5, 1978 as evidenced by Affidavit of Publication filed with
the Clerk, public hearing was held to consider a proposed resolution
re Petition V-78-25-C filed by Vaughn H. and Marilyn Champeau request-
ing a lot size variance to permit construction of a duplex on Lot 1,
Block 2, Old Marco Village.
Zoning Director Carl Clemmer described the nature of the properties
in the vicinity, both single-family and multiple-family, concluding
with the comment that the staff is of the opinion that granting the
variance would not be in harmony with the general intent and purpose
of the zoning ordinance and it is recommended that the variance be
denied. Hr. Clemmer located the prop~rty in question on the map
provided and offered a further sUigestion that certain lots in the
same vicinity be considered for rezoning to single-family lots in
order to enhance the areas to the south and to the west. Mr. Clemmer
noted that the petitioner has received a copy of the staff report,
adding a further comment that he has spoken to the neighbors to the
cast of the property and was advised that they would prefer that there
be no additional duplexes constructed. In response to Commissioner
Wimer, Mr. Clemmer stated that the property is presently zoned for a
duplex.
The petitioner, Vaughn Champeau, explained that the intent is
to build a duplex on the SUbJect lot which would be in keeping with
the area which would be used for housing for members of his immediate
family, noting that it would not be a commercial venture as such.
During the discussion which followed it was determined that
all of the setback requirements could be met with Commissioner Wimer
expressing the opinion that he, personnaly, would have no problem in
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October 24, 1978
granting the variance due to the commercial establishment directly
across the street from the subject lot and with multi-family homes
in the vicinity. Concerning the obj.ction of one of the neighbors
toward duplexes, Mr. Champeau stated that there is a taxi servioe
being run f.rom one of the properties which might be the cause for
the objection, and suggesting that a business of this type should
not be permitted.
There being no further persons registered to speak, Commissioner
Wimer moved, seconded by Commissioner Brown and unanimously carried 5/0,
that the public hearing be closed.
Commissioner Wimer moved, seconded by Commissioner Brown, that
Resolution 78-165 re Petition V-78-25-C by Vaughn H. and Marilyn Champeau
requesting a lot size variance on Lot 1, Block 2, Old Marco Village, be
adopted.
Commissioner Archer inquired if the County would be placed in
a position of having to grant variances for the remaining lots in
the vicinity, namely lots 7, 8, 38 and 39, if the subject petition is
granted, with Mr. Clemmer responding in the affirmative in the event
there is a desire to develop them for multi-family usage. Chairman
Plstor suggested that the matter be reviewed by the Planning Department
during the next semi-annual review. He noted that the particular lot
in question requires a smaller variance due to the fact that it is
the largest of the lots under discussion. Commissioner Wenzel requested
a legal opinion regarding whether or not the size of the variance would
be sufficient reason for dl ial. County Attorney Pickworth suggested
that this approach could be taken as a way to justify the granting of
a variance for one lot on the basis that it is larger and denying
others. He recalled the problems during the last few years in this
regard in that in most existing subdivisions the lots do not meet the
requirements for duplex construction. One possible solution, said
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October 24, 1978
~lr. Pickworth, would be to make the requirements in a new subdivision
larger than those for older subdivisions.
Commissioner Wenzel observed that all petitions will have to
be treated the same providing the required setbacks can be met, as
in the subject petition.
Upon call for the question the motion on the floor carried by
unanimous vote 5/0.
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October 24, 1978
ORDINANCE 7B-SB RE PETITION R-78-20-C BY AMERICAN DESIGN & DEVELOp~mNT
CORP. OF NAPLES REQUESTING REZONING FROM "MHSD" TO "PUD" FOR PROPERTY
IN SECTIONS 17 AND IB, TSOS, R26E, (RIVIERA GOLF ESTATES) - ADOPTED:
PETITION RMP-7B-8-C REQUESTING SUBDIVISION MASTER PLAN APPROVAL RE SUB-
JECT PROPERTY - APPROVED WITH STIPULATIONS, AGREEMENT BY PETITIONER TO
STIPULATIONS - ACCEPTED
I,cgal notices having been published in the Naples Daily News on
September lB, 197B, and in The Naples Star on September 29, 1978, as
evidenced by Affidavits of Publication filed with the Clerk, public
hearing was opened to consider a proposed ordinance re Petition R-78-20-C,
and Petition SMP-7B-B-C, requesting rezoning from "MHSD" to "PUD" and
approval of subdivision master plan, respectively, for property located
in Sections 17 and IB, Township 50 South, Range 26 East, further
described as lying in the northern portion of Riviera Golf Estates.
Dr. Neno Spagna, Community Development Administrator, explained
that the petitioner, American Design & Development Corp. of Naples,
is desirous of building single-family homes on the properties instead
of mobile homes, 346 units as opposed to 403 units, and reducing the
density from 4.29 to 3.68 units per acre. He said that the matter
was brought before the Coastal Area Planning Commission in public
hearing on September 21, 1978 and it was recommended that the rezoning
be granted. Dr. Spagna said that the only condition placed on the
approval was that in the "zero lot-line" configuration of the subdivision
that it be shown on the plats which lots would have this setback. He
explained that instoad of providing 7~' on either side of the single-
family home, the developer will be providing 15' on one side and no
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setback on the other side, noting that every building will be IS' from
every other building, which i6 . new concept to Collier County but
which has been used effectively in other areas of the country. He
said that the staff is recommending approval of the rezoning.
There being no persons registered to speak on Petition R-78-8-C,
Commisisoner Wenzel moved, seconded by Commissioner Wimer and carried
unanimously 5/0, that the public hearing be closed.
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October 24, 1978
Commissioner Wimer moved, seconded by Commissioner Wenzel and
carried by unanimous vote 5/0, that Ordinance 78-58, as titled below,
be adopted and entered in Ordinance Book No.8.
ORDINAl_CE 7S .- ~
J\tt ORDIN1\NCr.: Al:Z:::;):::G ORDINAl~CE ·
76- 30 TUE COf.lPRE1!::~:SIVE ZONING
REGULATIONS FOR ',m::: UNINCORPORATED
AREA OF THE COASTAL, AREA PLANNING
DISTRICT BY A11END!::G THE ZONING
ATLAS MAP Nm~ER 50-26-4, BY
CHANGING THE ZO!\I::G CLASSIFICATION
OF THE HEREIN D~SC~!aED PROPERTl
FROl4 "MHSO" NOBI!.! HOME SUBDIVISION
TO II PUD" PLANNED r::IT DEVELOPMENT I
TilE EASTERLY PORTIO:.. OF '1'RAC'A' G,
RIVIERA COLONY GC~T ESTATES, TRACT
MAP AS RECORDED I:, ?LJl.T BOOK 10,
PAGES 104-108, P~5~:C RECORDS OF
COLLIER COmiTY, FLC?~DA AND BY
PROVIDING AN EFFEC!IVE DATE.
Concerning approval of the subdivision master plan, Petition
SMP-7B-8-C, for subject property, Dr. Spagna stated that the plan
has been reviewed by the Subdivision Committee, and by the Coastal
Area Planning Commisslon on September 21, 1978, and is recommended
for approval with certain stipulations.
County Manager Norman stated that Mr. Jack Stanly, representing
the petitioner, indicated that he was not interested in addressing
the Board unless there were questions raised.
Commissioner Wenzel moved, seconded by Commissioner Brown and
carried unanimously 5/0, that Petition SMP-78-8-C requesting sub-
division master plan approv~~ for property located in Sections 17 and
lB, Township 50 South, Range 26 East, known as Riviera Golf Estates,
be approved with stipulations, and that the Agreement by the petitioner
to the stipulations be accepted.
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October 24, 1978
ORDINANCE 78-59 RE PETITION R-78-18-C BY RONALD BEAUDRY REQUESTING
REZONING FROM "PUD" TO "RM-2GH" AND "RS-3", REMOVAL OF "ST", AND
ADJUST~IENT OF "ST", FOR LAND LOCATED IN SECTION 14, T49B, R25E, KNOWN
AS PINEl'lOODS - ADOPTEDI PETITION SMP-78-7-C REQUESTING SUBDIVISION
I{ASTER PLAN APPROVAL FOR SUBJECT PROPERTY - APPROVED WITH STIPULATIONS;
AGREEMENT BY PETITIONER TO STIPULATIONS - ACCEPTED, RESOLUTION 78-164 ru
PETITION PU-78-17-C REQUESTING PROVISIONAL USE FOR A SEWAGE TREATMENT
PLAN RE SUBJECT PROPERTY - ADOPTED
Legal notices having been published in the Naples Daily News on
September 18, 1978, and in The Naples Star on September 29, 1978, as
evidenced by Affidavits of Publication filed with the Clerk, pUblic
hearings were held to consider proposed ordinance re pet.ition R-78-1B-C
and Petition SMP-78-7-C, respectively, by Ronald Beaudry requesting
rezoning from "PUD" to "RS-3" and "RM-2GH", removal of "ST", adjustment
of "ST", and approval of subdivision master plan, for land located in
Section 14, Township 49 South, Range 25 East, known as "Pinewoods".
Dr. Neno Spagna, Community Development Administrator, explained
that the rezoning petition is for purposes for redesigning the Pinewoods
subdivision, same having been previously approved by the Board. A
certain portion of "RM-2" will be relocated, said Dr. Spagna with
the remaining portion of the area "RS-3". He said the rezoning will
allow for better utilization of the land and for drainage of the area
than that which was previously platted and approved. He said the
rezoning is recommended for approval by the Coastal Area Planning
Commission.
There being no persons registered to address the petition, Com-
missioner Wenzel moved, seconded by Commissioner Wimer and unanimously
carried 5/0, that the public hearing on Petition R-78-l8-C be closed.
Commissioner Wimer moved, seconded by Commissioner Wenzal and
carried unanimously 5/0, that Ordinance 78-59, as titled below, be
adopted and entered in Ordinan~e Book No.8.
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October 24, 1978
ORDIN1,:rc: 7~ - ~_L
AN C>!{i)U;J\:'lCL: N1l:1:DI ::~ :iHLHIlMICE 76- 30 '1'111';
CO:'jPR1::II[:~SIVr~ ZOtlIl\G :-':~UL1\TIONS FOR 'L'Ill::
UlHNCOnpORl\'i'ED 1\r.r:f.. C'! '.L'HE C01\ST1\L ARET.
PLAlmING DISTRICT F.:: :"::Z::'IDING TIll: ZONING \
l\'rI.M HAP NUt-mER 49-23-6 BY Cm\NGING 'I'IIE ~ t.~ \
ZONING CLASSIFICATIC:; FRO!>! "PUD" PLAtl.NED ".~' \
UNIT DEVELOPl.fi::NT TO "::.3-3" RESIDENTIAL , ", I
S:WGLE FANILY AND "1'''::-2011'' nESIDENTU.L ~ i' tI\ .
HULTI-FAlULY GROUP HO:"SING AND BY REI.lOVING ,t ~
"ST" SPECIAL TREATllZ:::r nREAS AND DY. lo\
ADJUSTING "ST" SPECIni.. TREATllEliT ON Tile ti:a.~l
FOLLOWIIlG DCSCRIBJ:D n,:'?ERTY KNO'tTN AS PUlE "I ~
l'lOODS l'1HICH IS LOCA'i':tD mHEDIATELY SOUTH ,. l ..
OF NAPLES B1\TlI & TE~::,::C CLUB: THE SOUTH \~i1
~ OF THE SOUTHEAST I:t cr SECTION 14, TOim-i',t
SHIP 49 SOUTH, R1U~GE: 2S EAST AND BY PRO- 14
VIDING'AN EFFECTIVE D~:E. ~
Concerning Petition SMP-78'.7-C requesting subdivision master plan
approval, Dr. Spagna stated that the plan was reviewed by the Subdivision
Committee on August 2, 1978 and it was recommended for approval subject
to certain stipulations; also, by the Coastal Area Planning Commission
on September 21, 1978, fOllowing which it was recommended for approval
subject to the conditions of the Subdivision Committee.
There were no persons registered to speak and Commissioner Wimer
moved, seconded by Commissioner Wenzel and carried unanimously 5/0,
that the public hearing on Petition SMP-78-7-C be closed.
commissioner Wenzel moved, seconded by..Commissioner Brown and
carried unanimously 5/0, that the Subdivision Master Plan for "Pine-
woods", as requested in Petition SMP-78-7-C, be approved subject to
stipulations, and that the Agreement to the stipulations by the
petitioner be accepted.
Dr. Spagna stated that thd petition i8 requesting, in Petition
PU-78-l7-C, that the sewage treatment plant location, as shown on the
plan, be approved. He noted that there was a letter received from the
Royal poinciana Club, although not objecting to the plan, pointed out
the possibility of offensive odors emanating from the plant at the
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October 24, 1978
proposed location, which he located on the drawings submitted. Dr.
Spagna responded in the affirmative to Commissioner Wenzel's question
that tho plant is an interim plant until central sewers are installed.
Architect Sergio Montes, representing the petitioner, concurred
with Chairman pistor's statement that every effort will be made to
insure that there will be no objectionable nlatters connected with
the sewage plant.
Commissioner t~enzel moved, seconded by Commissioner Brown and
carried unanimously 5/0, that Resolution 78-164 re Petition PU-78-l7-C
requesting provisional use for a sewage treatment plant to be located
in Section 14, Township 49 South, Range 2S East, and known as "Pine-
woods", be adopted.
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October 24, 1978
PROPOSED ORDINANCE AMENDING ORDINANCE 78-2 BY PROVIDING FOR RECIPROCITY
WITH THE CITY OF NAPLES REGARDING LICENSING OF CONTRACTORS - PUBLIC
HEARING CONTINUED
Legal notice having been published in the Naples Daily News on
October 5, 1978 as evidenced by Affidavit of Publication filed with
the Clerk, public hearing was opened to consider a proposed ordinance
amending Ordinance No. 78-2 to provide for reoiprocal licensing with
the City of Naples.
It was pointed out by County Manager Norman that there were no
persons r.egistered to speak on the matter, whereupon Commissioner
Wenzel moved, seconded by Commissioner Brown and carried unanimously
5/0, that the pUblic hearing be closed.
Commissioner Wenzel moved, seconded by Commissioner Brown and
carried unanimously, that the ordinance amending Ordinance No. 78-2
to provide for reciprocal licensing with the City of Naples re Cert-
ificates of Competency be adopted.
Later in the session, Chairman Pistor, noting the presence of
representatives from the Contractors' Licensing Doard in the audience,
requested that they be given the opportunity to address the Board
concerning the ordinance. There were no objections.
Mr. Richard f.lorris, Chairman of the above-referenced board,
asked the Board to reconsider the action taken and not enact the
ordinance until the City of Naples enacts their revised licensing
requirements due to the fact that, at present, their standards are
not as high as the County's. He explained that as of now specialty
contractors do not have to have to take an examination to obtain a
license in the City and urged the Board not to make the ordinance
effective until the City brings their ordinance up to the County's
standards.
Concerning the progress being made in the City, Mr. Paul
Jackson, Alternate Member, Contractors' Licensing Board, advised
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that he has learned that amendments to the City's ordinance have been
prepcred by the City'S Li'cenllJing Board'and that.'the amended.ordinance
is waiting for City Council's action which could come in December, 1978
or in January, 197~.
Commissioner Wenzel moved, seconded by Commissioner Brown and
carried unanimously 5/0, that the action taken to adopt the subject
ordinance be rescinded.
County Attorney Pickworth suqqested that the matter be continued
so that the proposed ordinance would not have to be re-advertised and
as Goon as the City acts on its ordinance, the Board could take action
the following Tuesday during Regular Session.
Commissioner Brown moved that the pUblic hearing regarding the
subject ordinance be reopened. The motion was seconded by Commissioner
Wenzel and carried unanimously 5/0.
Commissioner Archer moved, seconded by Commissioner Brown and
carried unanimously 5/0, that the public hearing regarding the
ordinance amending Ordinance 78-2 by providing for reciprocity with
the City of Naples regarding licensing of contractors be continued
pending further action by the City of Naples in this regard.
CHAIRMAN AUTHORIZED TO SIGN "CONTRACT FOR PERSONAL SERVICES" BETWEEN
COLLIER COUNTY AND DR. GUNNARD J. ANTELL, COUNTY HEALTH DIRECTOR
County Manager Norman explained that the contract being presented
is his recommendation as a way to compens~te Dr. Gunnard Antell for
performing additional services over and beyond his regular duties as
County Health Director, as Ithorized by the Board in regular meeting
August 22, 1978, commencing October 1, 1977 until Dr. Antell's retire-
ment.
Commenting that the matter has been discussed previously, Com-
missioner Brown moved, seconded by Commissioner Archer and carried 4/0
with Commissioner Wimer not present at the time of the vote, that the
Chairman be authorized to sign the subject contract, as recommended.
BDOK 044 p~~: 2.36
October 24, 1978
EMPLOYMENT AGREEMENTS BETWEEN UTILITY DIRECTOR BERZON AND COUNTY
ATTORNEY PICKWORTH - APPROVED
Chairman pistor stated that he has researched the matter completely
and has found that it is common practice to execute emploiment contracts
with those directors of departments who are responsible directly to the
elected officials. He added that it ia his hope that the Board would
agree to approve the contracts being presented between the County and
Utility Director Berzon and County Attorney Pickworth.
Commissioner Wenzel observed that he, personally, is not in
favor of contracts for any employee but that, since the County Manager
has been given one and, also, stating his belief in majority rule, all
such designated employees should be treated the same.
Commissioner Brown moved, seconded by Commissioner Wimer, that
the Employment Agreements between the County and County Attorney Donald
A. pickworth, and between the County and Utility Director Irving Berzon
be approved and that the Chairman be authorized to execute same.
Chairman pistor noted that the salaries of the two employees are
still entirely up to the Board of County Commissioners and that the
contracts do very little except give the men a written contract with
certain regulations with respect to their termination.
Commissioner Archer stated that he is not opposed to such con-
tracts in general, under o::ertain conditions, but that he cannot "go
along" with the two contracts being presented.
Upon call for the question the motion carried 4/1 with Commissioner
Archer voting ill opposition.
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BOCK 044 p~::238
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BaCK 04' pl.::24.5
October 24, 1978
COUNTY 11ANAGER DIRECTED TO PROVIDE PETITIONERS WITH INFORMATION
RE PROJECTED COSTS FOR PROVIDING MOSQUITO CONTROL SERVICES TO BLUE
HERON TRAILER PARR, ROYAL PALM HAMMOCK, AND SURROUNDING AREAS
County Manager Norman reported that, following Board directive,
information has been received from Brandt G. Watson, Director of the
Collier Mosquito Control District, indicating that, in order to
control effectively the mosquito population affeoting certain petition-
ing areas of the County, it would be necessary to inspect and treat
five sections in the County, including Blue Heron Trailer Park, Royal
Palm Hammock and surrounding areas. It was noted by Mr. Brandt, said
Hr. Norman, that it appears that the millage rate to provide the
necessary service in the area would be 15 mills as compared with the
.6 mills for the existing District and which would be a burden for the
affected taxpayers.
It was the consensus of the BOHrd that the County Manager be
instructed to provide the information received to the petitioners
who requested the service.
PETITION R-78-l7-C BY DELTONA CORPORATION REQUESTING REMOVAL OF liST"
FROH PORTIONS OF LOTS LOCATED IN UNITS 5, 9, 13, AND 15, I.fARCO BEACH
SUODIVISION - ADVERTISING AUTHORIZED FOR PUBLIC HEARING DECEMBER 5, 1978
Commissioner Wenzel moved, seconded by Commissioner Brown and
carried 5/0, that Petition R-7B-17-C by Deltona Corporation requesting
removal of liST" from portions of lots located in Units 5, 9, 13, and 15,
Marco Beach Subdivision, be advertised for public hearing December 5,
1978.
BOARD APPROVES ACCEPTANCE AND RECORDATION OF QUITCLAIM DEEDS FOR ROAD
RIGHTS-OF-WAY FOR ANDERSON ROAO
Commissioner Wimer moved, seconded by Commissioner Wenzel and
carried 5/0, that the following Quitclaim Deeds for the road rights-
of-way for Anderson Road be accepted and recorded, as recommended by
the County Engineer:
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October 24, 1978
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RECES~: 9:55 A.M. until 10:05 A.M.
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nOARD APPROVES COMPLETION OF FAIRWAY TOWERS PROJECT, STARTED IN 1972,
AT A UNIT DENSITY CLOSE TO THAT PE~~ITTED PRIOR TO OCTOBER 14, 1974
Zoning Director Carl Clemmer reviewed the history of the project
known as Fairway Towers and located on Traot D, Lely Golf Estates,
noting that one building of the project has been completed out of a
proposed five buildings. He displayed the original drawings of the
project to the Board members in order to show them the reason why it
io felt that tho balance of the project should be "grandfathered" in.
He said that at the time the plan was submitted and recommended for
approval to the Board the developer could build 151 units, however,
economics were such that further development could not continue. Mr.
Clemmer said that a new corporation has been put together with suf-
ficient financing to finish the four remaining buildings with the
density reduced from l51 units to 131 units. Mr. Clemmer said that
if the developer is not permited to continue the development using
the origiral plans the density is reduced by one-half. He noted that
a condominium plat was filed in the Clerk's office in 1974. In
response to Commissioner Wimer, Mr. Clemmer said that present zoning
would permit an additional 68 units whereas the developer is desirous
of building a total of 120 units. He said, in response to Commissioner
Brown, that the request to continue the project 4S outlined is being
recommended for approval.
commissioner Wenzel moved, seconded by Commissioner Brown, that
the request be approved, following the original concept regarding
the Fairways Tower project, which was previously approved.
To clarify the matter, Mr. Clemmer said that Building 100 more
units will give the developer a total of 131 units as opposed to 151
units which were approved in 1972.
BGOK 0 44 p~:: 254
BOOK 044 p~~:255
October 24, 1978
During the brief discussion which followed, County Attorney
Pickworth suggested that the laws should be consistent on these
matters to make sure that the next time a similar request is made
that the same kind of analysis is applied and, if the facts have
been analyzed and a determination has been made for approval, it
is in the Board's discretion to accept the recommendation. Com-
missioner Wimer inquired if the same treatmAnt has been given to
other petitioners, with Mr. Clemmer responding that this is the
same treatment that other like concepts have been given.
Upon call for the question the motion carried unanimously
5/0.
LIBRARIAN JODER AND STAFF INSTRUCTED TO PROCEED WITH APPLICATION FOR
"LIBRARY SERVICES AND CONSTRUCTION ACT" GRANT FOR CONSTRUCTION OF A
BR1\NcH LIBRARY IN THE NORTH NAPLES AREA
Reference was made to the Executive Summary prepared by Librarian
Richard Joder, dated October 17, 1978, regarding Application for
Library Services and Construction Act Grant for Construction of a
Brunch Library in the "North County" district, following which Com-
missioner Wenzel moved, seconded by Commissioner Brown, that approval
be given for the preparation of the subject applioation.
Chairman Pistor commented that he is in favor of the project1
however, he expressed concern over the possibility of obtaining
a parcel of land in the Pelican Bay area which might have to be
prepared for the buiJding. Ccmmjssloner Wimer suggested that the
motion stipulate that Mr. Joder and staff be instructed to proceed
with the application and if the project does not "work out", the
matter can be dropped. He noted that he is not in favor of the
County accepting additional liability. The maker and seconder of
the motion agreed to rewording the motion as suggested by Commissioner
\Hmer.
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October 24, 1978
Upon call for the question the motion carried unanimously
5/0.
Mr. Mike Zewalk requested clarification of the matter under
discussion with Chairman Pistor explaining the circumstances
surrounding the donation of land, noting that a verbal agreement
has been made with the developers of Pelican Bay that enough
land will be given to the County for the library when needed,
rather than as the development progresses in certain sections.
lie said the County wants to be assured that the land will be in
a prepared condition with streets, water, and like services avail-
able. Chairman Pistor stated that the action will have no effect
on the planned "store-front" library for the area.
Librarian Joder stated for the record that it should be
noted that "We have, what I would call, an agt'eement to agree
with the developers of Pelican Bay and not an agreement as far
as the land" which he said is still in the negotiating stages.
BOARD AUTHORIZES EXPENDITURE OF UP TO $1,000 FOR ADDITIONAL
HYDRAULIC ANALYSES RELATED TO THE CONSTRUCTION OF THE HENDERSON
CREEK WATER CONTROL STRUCTURE
Utility Director Irving Berzon explained that the South Florida
Water Management District, in reviewing the "take-over" of maintenance
of the future water control facility at Henderson Creek, has expressed
concern regarding the potential flooding which might occur. He said
that ~here is no reason to think there will be any significant flood-
ing; however, i~ is felt th~t the expenditure for additional hydraulic
analyses would be wise because if there is ever a legal problem as a
result of the structure, the type of inveAtigation being considered
would quantify what the exposure of riSk is with regard to the
atructure. It was Mr. Berzon's recommendation that the Board authorize
up to $1,000 to be spent by the engineers in this regard, adding the
pOHsibility that the cost could be less. He noted that the funds
BOOK 044 ~::256
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BGOK 044 Pl.:: 2B1
October 24, 1978
will come from the total project cost as supplemental engineering
work to be done.
Commissioner Archer moved, seconded by Commissioner Wimer
and carried unanimously 5/0, that the Board authorize an appro-
priation of up to $1,000 for the additional hydraulic analyses
rclated to the construction of the Henderson Creek water control
structure.
cHJ\IRMAN AUTHORIZED TO SIGN DEPARTMENT OF ARMY PERMIT RE WATER
CONTROL STRUCTURE AT THE EAST BRANCH OF THE COCOHATCHEE CREEK
Utility Director Irving Serzon explained that correspondence
has been received from the Department of the Army (Jacksonville
District Corps of Engineers) stating that if the Board of County
Commissioners would authorize the Chairman to sign the Department
of Army Permit with regard to the proposed water control structure
at thc East Branch of the Cocohatchee Creek, the Corps will be in
a position to grant the permit. He said that the project has been
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authorized over the years but has been held up because of a lack
of permit.
Commissioner Archer moved, seconded by Commissioner Wimer and
carried unanimously 5/0, that the Chairman be authorized to sign
the subject permit, as recommended by staff.
ROUTINE BILLS - AUTHORIZED FOR PAY1~NT
Following Fiscal Office Harold Hall's statement that the
bills being presented for appr~v
have been processed according to
established policies and procedures and that funds are available,
Commissioner Wenzel moved, seconded by Commissioner Archer and
carried unanimously 5/0, that the bills be approved for payment
as witnessed by the following warrants issued from October 18, 1978
through October 24, 1978:
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October 24, 1978
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BCC Payroll
County Warrants
County tlarrants
General Fund
Assessment , Utility Clearing
Payroll Fund
WARRANT NOS.
51308 - 51524
S6 - 482
10423 - 10451
4S
77 - 82
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BOARD AUTHORIZES PAYMENT OF ECONOMlC DEVELOPMENT COUNCIL ANNUAL DUES
IN TilE AMOUNT OF $1,000 FOR PERIOD OCTOBER, 1978 THROUGH SEPTEMBER, 1979
Commissioner Wenzel moved, seconded by Commissioner Archer and
carried unanimously 5/0, that the Annual Dues for membership in the
Economic Development Council, for the periOd Ootober, 1978 through
September, 1979, be approved for payment in the amount of $1,000,
as recommended by Fiscal Officer Hall.
BUDGET AMENDMENT 78-152 TO Al4END BUDGET PER SHERIFF'S DEPARTMENT'S
REQUEST FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1978 _ ADOPTED
Commissioner Wenzel moved, seconded by Commissioner Archer
and carried unanimously 5/0, that Budget Amendment No. 78-152 to
amend the Sheriff's Department's Budget for the Fiscal Year ending
September 30, 1978, as requested, be adopted in the amount of
$54,500.
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BOOK 044 r~~:258
October 24, 1978
DEDICATION OF SATELLITE BUILDI~G SCHEDULED FOR OCTOBER 31, 1978
Commissioner Wenzel moved, seconded by Commissioner Brown and
carried unanimously 5/0, that the dedication of the Satellite Build-
ing be scheduled for Tuesday, October 31, 1978.
DER BIOLOGICAL ASSESS~mNT RE COLLIER COUNTY, SEAWALL-BOAT SLIP, (FILE
NO. 11-11650-5E) READ INTO THE RECORD AND ASSESS~mNT ACCEPTED
Followinq the reading, in its entirety, of the followinq DER
Biological Assessment dated October 4, 1978 regarding the Collier
County, Seawall-Boat Slip (File No. ll-116S0-5E) by Utility Director
Irving Berzon, Commissioner t~enzel moved, seconded by Commissioner
Nimer and carried unanimously 5/0, that the assessment be accepted.
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October 24, 1978
10. Notice dated October 4, 1978 from Thomas C. Britton,
Bankruptcy Judge, United States District Court, for
the Southern District of Florida, re Discharge of
Bankrupt re Gerald R. Beesing, Bankruptcy No.
78-792-BK-SMA-B - filed.
11. Letter dated October 13, 197B from John C. White,
Regional Administrator, EPA, re public hearing con-
sideration to designate the Biscayne Aquifer of
Southeastern Florida as a sole source aquifer under
Section 1424 (e) of the Safe Drinking Water Act of
1974 - xc to Utility Director, and filed.
12. Copy of letter dated October 16, 197B from Art
Forehand, Administrator, Office of Community Medical
Facilities, HRS. to County Manager Norman advising
that the County may relinquish Certificate of Need
Action Number 890 - however, it mAY not b~ transferred
from one agency to another - filed.
13. Copy of memorandum dated October lB, 1978 from Super-
intendent of Maintenance L.M. Raines to County Manager
re Emergency Power During Hurricane Conditions - xc
Civil Defense Director, and filed.
14. Letter dated October 13, 197B from Philip R. Edwards,
District Manager, DER, re new law which may affect
the County's solid waste disposal site operation -
xc County Manager and County Engineer to make sure the
County is in conformance, and filed.
BO^RD ^UTHORIZES BRIDGE REPAIR IN COMMISSION DISTRICT 5, AS REQUESTED
BY CO~~ISSIONER BROt~, AND COSTS CHARGED TO DISTRICT 5 ROAD AND BRIDGE
FUND
Commissioner Brown moved, seconded by Commissioner Wenzel and
carried unanimously 5/0, that the bridge across Highway 29 be repaired
and the costs charged to Commission 5 Road and Bridge Fund.
COUNTY MANAGER DIRECTED TO CONTACT APPROPRIATE AGENCIES REGARDING
MONITORING OF PERMITS ISSUED FOR "CONTROLLED BURNI':;G"
Commissioner Wenzel asked that the County Manager be directed
to contact the various fire ~ "artmentE. if they are the proper
agencies responsible for issuing "controlled burning permits", that
they be most cautious and precise with respect to wind direction
when issuing permits and cited an example of a recent incident which
has caused complaints from City of Naples residents. Chairman
Pistor suggested that the responsibility is with the Department of
Forestry and directed the County Manager to contact the appropriate
agencies, as suggested by Commissioner Wenzel.
BeCK 044 pl.~=264
BeCK 044 Pl.:: 265
October 24, 1978
CHAIm~N ANNOUNCES WORKSHOP SESSION OCTOBER 30, 1978 AT WHICH TIME
CONSTRUCTION PLANS FOR TIGER TAIL BEACH WILL BE DISCUSSED, AMONG
OTHER TOPICS
Chairman Pis tor announced that there will be a Workshop Session
Monday, October 30, 1978 at 9100 A.M. during which the Tiger Tail
Beach construction plans will be discussed among other topics. He
said that the meeting will last no longer than 12100 Noon.
CHAIRMAN EXPRESSES APPRECIATION or THE BOARD FOR THE MANNER IN WHICH
THE AGENDA WAS PREPARED AND THE COMPLETENESS OF THE BACKUP MATERIAL
WHICH ENABLED THE BCC TO COMPLETE THE AGENDA EXPEDITIOUSLY
Chairman Pistor expressed the appreoiation of the Board to the
staff for the manner in which the agenda and backup material was
prepared which enabled the Board to complete the agenda more quickly
than was anticipated.
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There being no further business for the good of the County,
the meeting was adjourned by ordor of the Chair - Timel 10:45 A.M.
BOARD OF COUNTY COMMISSIONERS/EX
OFFICIO GOVERNING BOARDCS) OF SPECIAL
DISTRICTS UNDER ITS CONTROL
o~ /J1;(
PIS'l'OR, CHAIRMAN
ATTEST:
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