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BCC Minutes 11/07/1978 R ~aples, Florida, November 7, 1970 LET IT BE REt-IEMBERED, that the Board of County Commissioners in and for the County of Collier, and also acting as the Governing noard(s) of such special districts as have been created according to law and having conducted business herein, met on this date at 9:00 A.M. in Regular Session in Building "F" of the Courthouse Complex with the following members presentl CHAIRMAN I John A Pistor VICE-CHAIRMAN I David C. Brown C. R. "Russ" Wimer Thomas P. Archer Clifford Wenzel ALSO PRESENT: William J. Reagan, Clerk; Harold L. Hall, Chief D0PUty Clerk/Fiscal Officer I Edna Brenneman and Debbie Pantano (1:40 P.M.), Deputy Clerks; C. William Norman, County Manager; Donald PickwOl County Attorney; Neno Spagna, Community Development Administrator; Irving Berzon, Utility Director; Clifford Barksdale, County Engineer/ Carl Clemmer, Zoning Director; Lee Layne, Planner; Mary Morgan, AdminlnLrnlivc Aide Lo Lhe Boal'll/ and Dttputy Chief Raymond Barnett, Shariff's Department. AGENDA BOARD OF COU~TY COMMISSIONERS FINAL AGENDA November 7, 1978 REQUESTS TO ADDRESS TilE BOARD OF COIJNTY COMMISSIONERS REGARDING ITEMS h'lIIClI DO NOT .~PE1\R ON THIS },.t"D;" HILL DE HE1\RD AT 11100 A.M. 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF AGENDA 4. APPROVAL OF MINUTES I Regular :-:eeting of October 24, 1978. 5. PROCLAMATIONS AND PRESENTATIO~ AWARDS 6. ADVERTISED PUBLIC HEARINGS ~co~ 044 rA~r 350 November 7, 1978 AGENDA - APPROVED WIT" ADDITION, CORRECTION AND DELETION Commissionor \~enzel requested that the following item be addec to the agenda: 1. Report on proposed Courthouse alterations for staff and Constitutional Officers' offices. County Manager Norman requested the following correction and deletion be reflected in the agenda I 1. Remarks pertaining to matters of the handicapped by Mr. Merlyn Almack - Removed from "Old Business" and placed under the heading "Public Petitions." 2. Recommendation that the State Department of Health and Rehabilitative Services (HRS) be requested to authorize two new positions in tho Collier County Health Department Deleted until further notice. Commissioner Wimer moved, 8econded by Commissioner Wenzel and carried unanimously 5/0, that the agenda be approved as amended. ~rNUTES~_9CTOBER 24, 1978 - APPROVED AS PRESENTED Commissioner Wenzel moved, seconded by Commissioner Wimer and cnrricd unanimously 5/0, that the minutes of the meeting of Octohc 24, 1978 be approved as presented. ORDINANCE 78-60 RE PETITION NZ-78-4C, PLANNING DEPARTMENT, REQUEST AMENDMENTS TO THE ZONING ORDINANCE 76-30 AS PART OF THE SEMI-ANNUA REVIEW OF THE COMPREHENSIVE PLAN - ADOPTED Legal notice having been published in the Naple8 Daily News 0 October 18, 1978 as evidenced by Affidavit of publication filed wi the Clerk, public hearing was opened to consider a proposed ordina rc Petition NZ-78J4C by the Planning Department requesting amendme to Zoning Ordinance 76-~0 as part of the semi-annual review of the Comprehensive Plan. Planner Lee Layne explained that the proposed ordinance is th result of the annual six-month review of the Zoning Ordinance foil ing the Planning Commission's review of same incorporating suggest by the Zoning Department, the Board of Realtors, and the like, for changes felt necessary in the zoning books. Ms. Layne detailed en ~cc~ 044 PI.;': 354 ~CCK 04 4 p,,~: 355 November 7, 1978 suggested amendment to the zoning Ordinance, providing the Doard with a brief explanation of the reasons for the proposed changes. There were no persons registered to speak on the matter where- upon Commissioner Wenzel moved, seconded by Commissioner Brown and carried unanimously 5/0, that the public hearing be closed. Following brief discussion of the various proposed amendments and changes to thB Zoning Ordinance, Commissioner Wimer moved, seco: by Commissioner Archer and carried unanimously 5/0, that Ordinance 78-60, as titled below, be adopted and entered in Ordinance Book No.8. ORDINJ\NCI: is - ~_. A!~ OlUJDIl\l1Cl-: A!'iE;mI NG C~!)I NJ\NCl; 76 - 30 'filE CO;.il'ru:IH;NSIVC ZOIHNG i'.::Gt;LJ\TImlS FOR 'I'U: 11~1 J NCOIlPORATED J\REA or ':i':tc COl\..C;Tl\I. ARr::1\ l'LT,Nf'o:JNG DIS'l'RICT BY l';.:::::;DING THE FOLLO~'1IIlG SEC'fIOHS 1\5 HEREIN1\FT;;;:;:t DtSCRIBED: SECTION 3- DEF I N I TIONS; SECTIO:: S-SUPPLEHENTJ\TY DISTRICT REGULATIONS; SECTION 13-SPECI1\L PHOVISIONS FOR IlOUSn;G OF FARM LABOR; SECTION l8-0FFSTr~ET PA~~ING AND OFFSTREET L01\DING; SECTION 21-RESIDENTIAL SINGLE FJ\IHLY DISTRICT; SF.CT I 0:'; 22I-RESIDENTIAL HULTIFANILY DISTRICT; SECTION 23-RESIDENTIAL lo1ULTIFAMILY DISTRICT; SECTION 2S-RESIDENTIAL TOURIST DISTRICT; SECTIO~ 26-GOLF COU~SE DISTRIC'",', SECTIOl-l 26Il-RECREATIOl-l OPEN SPACE DISTRICT; SECTION 27-FISHING VILLAGE RESIDEN- TIAL DISTRICT; SECTION 28-1.:0BILE HOf.1E SUBDI- VISION DISTRICT; SECTIO~ 32-PROFESSIONAL co~~mRCIAL DISTRICT; SECTION 33-CONVENIENCE CO~~~RCIAL DISTRICT; S~CTION 34-GENERAL RETAIL COMMERCIAL; SECTION 3S-COMMERCIAL INDUSTRIAL DISTRICT; SECTION 36-INDUSTRIAL DISTRICT; SECTION 37-AGRICULTURE DISTRICT; SECTION 38-ESTATES DISTRICT AND SECTION 39- ADMINISTRATION ~~D ENFORCE~mNT; SECTION 42- FEES, AND ?oY P- ".lDING A~ EFFECTIVE DATE. ltl:g IJ 9. ~ j' ~ .tj..,~ I Ff~. :C : E;.: f2 i' 0 ~ ., j fJj PROCLAMATION DESIGNATING TUE WEEK OF NOVEMBER 6 THROUGH NOVEMBER J.2, 1978 AS "TENNIS WEEK" - ADOPTED Following the reading by the Chairman of the proposed proclamat designating the week of November 6 through November 12, 1978 as "Tel Weck", Commissioner Wimer moved, seconded by Commissioner Archer an( carried unanimously 5/0, that the following Proclamation be adopted ecc\ 044 r~~:'357 November 7, 1978 PETITION V-78-27C BY GUMERSINDO E. ORTEGA REQUESTING ZONING VARIANCI TO CONSTRUCT A DUPLEX ON 7,500 SQUARE FOOT PARCEL ON LOT 40, BLOCK J PINE VIEW VILLAS SUBDIVISION - DENIED Legal notice having been published in the Naples Daily News on October 22, 1978 as evidenced by Affidavit of Publication filed wit] the Clerk, public hearing was held to consider Petition V-78-27C by Gumcrsindo E. Ortega requesting a zoning variance to permit construl of a duplex on Lot 40, Block A, pine Vi~w Villas Subdivision, said parcel containing 7,500 square feet whereas a duplex in this "RM-1A' District requires 13,000 square feet. Zoning Director Carl Clemmor explained that there are 26 lots the development, all fronting on Thomasson Drive, 6 of which are vacant lots, not contiguous. The balance of the lots, continued Mr. Clemmer, contain three single-family residences and seventeen duple) 110 silid that the purchase of subject lot is very recent and that th! buyer should have known that only a single-family residence can be constructe1. ~lr. Clemmer stated that the staff recommends denial of the variance. Mr. Sam Blake, Realtor, urged the Board to grant the variance, noting the majorJty of the adjacent dwellings are duplexes and that the single-family residences are scattered throughout the developmer He pointed out the need for additional housing in the County, partie ularly rental propertios. The petitioner, Gumersindo Ortega, stated that the plans for tt duplex arc for the same size structure as the one on the adjoining J and that it would b~ bu~ . for rental purposes. The question of whether or not a hardship exists and the variar granted was discussed with Chairman Pistor pointing out that there j no hardship, in his opinion, due to the fact that a single-family r< dence could be built on the lot without difficulty. Mr. Clemmer observed that the neighborhood is a working-class area and that he spoke to t~o or three persons in the vicinity concerning tho propos! construction and there were no objections voicod. November 7, 1978 There were no persons registered to address the matter, where- upon Commi.ssioner Archer moved, seconded by Commissioner Wimer and unanimously carried 5/0, that the public hearing be closed. Following further brief discussion, Commissioner Archer moved to accept the recommendation of the staff and to deny Petition V-78-27C by Gumersindo E. Ortega requesting a zoning variance to construct a duplex on Lot 40, Block A, Pine View Villas Subdivision. The motion was seconded by Commissioner Wimer and carried 4/1 '~ith Commissioner Drown voting in opposition. PUnI.IC IlEl\RING RE PETITION V-78-28C BY JAMES GOODALL REQUESTING FRONT AND SIDE YARD VARIANCES RE LOT 40, BLOCK 17, NAPLES PARK - CONTINUED UNTIL NOVEMBER 14, 1978 TO ENABLE PETITIONER TO OBTAIN 1\ "I,ETTER OF NO OBJECTION" FROM THE ADJACENT PROPERTY OWNERS Legal notice having been published in the Naples Daily News on October 22, 1978 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition V-78-28C by J,II11CB GoodaU requesting front and side yard variance regarding Lot 40, Dlock 17, Naples Park. Zoning Director Carl Clemmer stated that a single-family residence is under construction; however, construction has been halted following n complaint received from Naples Park citizens regarding the front yard aetback of the building. Subsequent investigations, said Mr. Clemmer, rcvea1erl that the title search did not reveal that the North 10 feet of the lot was conveyed to the State of Florida and that, therefore, the bike path is encroaching on the property. The petition is being reco~menden for denial by th' staff, continued Mr. Clemmer, since it is felt that the failure of the owner of the lot to have the legal checked and the abstract brought up to date does not create a hardship. Mr. James Goodall explained that all the necessary permits were recoived and that the impact fees have been paid, noting that a"bank loan has been made and title insurance certificate issued, and that failure to be permitted to complete the structure will create a hard- ~GC~ 044 p,,~: 358 -':-~.~ 6CC~ 044 rA~~.a5g November 7, 1978 ship financially. He stated that the original survey does not show a 10' front easement and that he, as the constructor, worked from the Aurveyor's pins. Ms. Brenda Manning, owner of Lots 42 and 43 adjacent to the petitioner's lot, stated that the subject construction "sticking out front" is destroying the beauty of the street and that the requirements [or all of the properties should be th~ same. She mentioned the fnct that the owners of Lot 39, who live outside the County, are also opposed to the location of the construction. ^ttorney Richard Sparkman, representing the petitioner, stated th"t tho petitioner was not at fault in the matter since he has had professional advice throughout the project, commenting on the fact that the Aurvcyor missed the special warranty deed conveying tho right-of- way property to the State and, also, that bank which granted the loan. lIe snid that Mr. Goodall has over $17,000 invested in the construction and urged the granting of tho variance in order to complete the construction. He noted that lawsuits could be filed against the appro- priate persons but, due to the costs involved and the waiting period to ho'1ve them resolved, it would not be a satisfactory solution for U;C i'resent. County Attorney Pickworth observed that to aid the petitioner the concerns expressed by the adjacent property owners would have to be addrcBBcd nnd commented that in analyzing the variance, the Zoning Director is correct. He stated that eco~omic hardship on the petitioner is not the standard for granti~) zoning vallances. Further, said Mr. ?ickworth, if the omissions which occurred all along the line had been :i1ught, the property would have been constructed properly with all :ho necessary setbaCKS. Following further discussion, Commissioner Wimer offered the sug- (estion that the persons involved get together in an attempt to work jut a lan~caping plnn which would offset the objections of the , or November 7, 1978 neighbors in such a manner that would enable tho building to go for- ward ilnd enable the neighbors to "live with". Commissioner \~enzel concurred with the suggestion and asked that a letter of "no object- ion" be obtained from the neighboring property owners. He suggested that Mr. Goodall talk freely with those persons in an attempt to get them to realize that he is willing to do what he can to be a good neighbor. Comrnissione l Archer mo\'ed, :..;econdod by '=r>mmiosionor Wenzel and carried unanimously 5/0, that the public hearin~ with regard to Petition V-78-28C be continued until November 14, 1978. . .. .. .. RECESS: 10:20 A.M. until 10:30 A.M. . .. .. .. ORDINANCE 7B-61 RE PETITION R-7B-16C BY LARRY DASTK (CONTINUED FROM 10/10 J\ND 10/31/7B) REZONING CERTAIN PROPERTY ON U.S. 41 FROM "A" TO "I" J\ND "TTRV" - ADOPTED/ REZONING OF PROPERTY FROM "A" TO "GRC" _ DENIED/ MEMORANDUM EXECUTED BY PETITIONER 1\GREEING TO DF. BOUND BY TIlE REPRESENTATIONS SHOWN ON EXHIBIT "A" - ACCEPTED Legal notice having been published in the Naples Daily News on September B, 1978 as evidenced by Affidavit of Publication previously filed with the Clerk on October 10, 1978, public hearing was continued from October 10 and 31, 1978 to consider a proposed ordinance re Petition R-78-16C by Larry Ba8ik requesting rezoning from "A" to "GRC", "I", and "TTRV" for property located just east of the Dol Mack property on U.S. 41 South. Dr. Neno Spagna, Community Development Administrator, referred to his memorandum to the 10ar'- ,1ated No'rember 6, 1978 regarding the subject petition which he said expresses his opinions regarding the proposed rezoning. Dr. Spagna stated in the memorandum that he is opposed to the granting of any additional "GRC" in the area, noting r. his reasons for his opposition, And that he is agreeable to the re- zoning of a portion of the property to "I" and "TTRV" under certain conditions. ~jC~ 044 I'~~~' 360 ~--~:,,:.,~; . ,':.::;'.. ~ _ r ,. ~GC~ 044 PA~~g61 November 7, 1978 The matter of potable water supply was discussed with Chairman Pistor stating that in the Letter of Intent prepared for the petitioner a water system which will be compatlble with and susceptible of con- nection with the Isles of Capri Water System when and if such system becomes capable of carrying the additional demand. Utility Director Irving Berzon suggested that the developers might wish to consider their own supply until a central system is available to them to insure an adequate supply. f-Ir. William McGrath, Coastal Area Planning Conunission member, noted that it was the unanimous recommendation of that board that the petition be denied stating that there were reservations concerning a travel-trailer park in such close proximity to heavy industry plus, more importantly, the fact that there were objections to the strip commcrci.::ll zoning on Route 41. He said that such zoning is dangerous to citizens using such arterials and, over all, makes the community look "junky". Also, continued Mr. McGrath, this type of zoning is contrary to the Zoning Ordinance, to the present Comprehensive Plan, and to the State-mandated Comprehensive Plan on which the Board will be acting upon in the next few months. He reiterated the recommend- ation that the petition be denied. Discussion followed concerning such matters as the fact that thd development would be just an expansion of the industrial area already in existence, with regard to the "I" zoning portion of the petition, and the need for further areas to be used for storage purposes which is not presently available for area businesses due to the excessive costs of land, particularly on Marco Island. * * * * The meeting room was temporarily evacuated at 10150 A.M. due to a fire alarm signal being sounded. It was noted by County Manager Norman that the cause for the signal was due to a pro- liferation of smoking in the corridor of the Fifth Floor which caused the smoke alarm to be activated. The meeting reconvened lit 11:05 A.M. * * * * ,. ~ , November 7, 1978 Attorney E. Glenn Tucker, representing the petitioner, explained that the petitioner is requosting multiple zoning for the property due to economic considerations and, referring to the previously noted Letter of Intent, statod Mr. Basik's intent to comply with all of the various stipulations that the advisory boards recommended in their recommendation for approval of the petition to the planning staff Mr. David Pfaff, also representing the petitioner, located the vnrious areas of the property for which rezoning is requested on the colored map provided, the purposes for which the rezoned parcels will be used and the traffic patterns projected. During the ensuing discussion, Commissioner Archer observed that the portion to be rezoned "GRe" is, essentially, the area of largest concern with Dr. Spagna concurring, stating that he does not approve of strip zoning along major highways and recommended that the area be used for "TTRV" together with the balance of the area being re- que~ted for like zoning. He also stated that he has no objection to that extension of the "I" district as long as a buffer, or lake, is placed between such zoning and th~ "TTRV" sections. Commissionp.r Arche suggested that the t' GRC" section not be rezoned at this time until a supplemental development or site plan is submitted for that acreage. Mr. Dnsik stated that the proposal by the Commissioner was reasonable and noted that without being permitted to develop the front portion of the property as proposed, namely for a motel and supporting services he would probably have to drop the entire project. Mr. McGrath stated fOl ~larification that, in his opinion, he docs not think that the CAPC would necessarily have gone along with the "TTRV" zoning since it was felt that it is too close to the industrial installations, however, if it is buffored by a lake,. then the commission might take a different view of it. He said that he would like to review the matter again before action is taken on it. ~~C\ 044 p,,~:362 /1"_ :.~ ~.... .." ..:~.' ~.~~~.~ti~ BCC~ 044 PA~: S63 November 7, 1978 There was additional dis~ussion, following which Commissioner ^rcher nloved, seconded by Commissioner Wimer and carried 3/2 with Commissioners Pistor and Wenzel voting contrary, that the publio hearing be closed. Commissioner Archer moved, seconded by Commissioner Brown, that the Board approve rezoning the area shown in orange on the Exhibit to Industrial, rezone the yellow portion of the Exhibit to "TTRV", nnd delete the proposed "GRC" zoning, shown in green on the exhibit, at this time until a site plan is submitted to the Board for consider- ntion. Dr. Spagna stated that the motion regarding the Industrial zoning is similar to his recommendation; however, he said that it is his understanding that the petitioner does not want the "TTRV" zoning un10ss tho "GRC" is granted 1\1so. Dr. Spagna suggested that the Board approve the Industrial zoning portion of tho petition and take no action on the "'l'TRV" und "GRC". He said that a PUD could be prepared wherein stipu- lations can be incorporated with regard to a buffer since, if tho "TTRV" rezoning is granted, the petitioners can abandon tho lake buffer since there would be no way lo hold them to providing same. In response to Commissioner Archer's statement that the proposal be taken ~t face value, Dr. Spagna stated that ho would prefer to have the stipulation in writing. Commissioner Archer suggested that a statement, in writing, be prepared to the effect that the proposed lake will be completed as illustrated in the drawing, that the buffer between the Industrial llnd the "TTRV" \.;ill be as shO\ , .:hat th.:! drawing be m1!lrked "Exhibit A" and delivered to the Clerk. County Attorney Pickworth said that this can be done and that what it amounts to is that with these appropriate guarantees, the Board feo1s that tho public is being protected if tho rezoning is granted. Mr. Pickworth said that if the project is not completed as proposed, building permits can be denied and the property returned to the present zoning category. Of . . , , November 7, 1978 Chairm3n Pistor directed that the proposed statement be propared and brought back to the Board as soon as available. Later in the session, Commissioner Archer read the following prepared statement into the record and asked that the referenced "Exhibit A" be filed for the record: November 7, 1978 MEMORANDUM TO: Board of County Commissioners FROM: Larry Basik, Petitioner Re: Rezoning Petition R-78-16C In conjunction with the Board's consideration of the above captioned petition, the Petitioner herewith states and intends to be bound as follows: If the area shaded in yellow on the attached Exhibit "A" is rezoned to TTRV and the area shaded in orange thereon is rezoned to I, Petitioner agrees to be bound by the representations shown on said Exhibit "A" especially insofar as the location of the lake shown thereon. This representation is made regardless of the Board's present and future rezoning of the area sho\~ in green on Exhibit A. ,.-- ,," ,,' ,- Upon call for the question on the motion on the floor the motion carried unanimously 5/0, whereupon the Ordinance as numbered and titled below was adopted and entered in Ordinance Book No.8. O:uJI~\.\Ct: 78 - ~ 044 PA~: '364 AN ORIll ~iA'\Cn A,',IE..'\DI:\G O?JlIXA.'iCH 76-:S0 mE CQ'lPllElffiNSIVE ZO\P~G REGUl.ATIO.'lS FOR 11m ~I~CORPORAn:D 1\RF..\ 0:: TIm COASTAL A.tU:.A PU\;\~I~G DISTRICT BY .~,LE.\'DING TIlE ZO~ING ATLAS H~ l\UIBER 51-.?~-4 BY REZO:in~G TIlE FOLLOlUNG DESCRIBED PROPERTY fRa./ "A" AGRICULTUR.Ii TO 'Trn\'" TRAVEL TRAILER RECREATIO'it\L VEHICLE PA.!t'<, AND "I" I:\'DUSTRIAL: A PARCEL OF LNID LOO.TE.i) IN nm EI2 or: TIm E~ OF WE EI2 LYING ~'ORTri OF us 41, LESS THE NE'- OF nIB NEI.t OF TIlE :\E~ OF SEC'rIo.'l 18. TO\\'NSHlP 51 SOlJIlt, RA.'ZGB 27 EAST l'/HIOi IS LOCATED JUST EAST OF DEL Ho\CK A\1> BY PROVIDING A~ EFFEC- TIVE DATE. .: ......---.---...... ... .. --. --...--. ........-.....,.-..._..-.;~_~,...........;..4.__.._~:.... ;:".-:-~..::;.;...;:::;.;;::;:...... BeOK 044 r~~:365 November 7, 1978 MR. MERLYN C. ALMACK PETITIONS THE BCC FOR RECONSIDERATION OF APPROPRIATION IN THE AMOUNT OF $5,000 FOR USE BY TECH FOR THE TRAINING AND EDUCATION OF THE HANDICAPPED FOR BALANCE OF CALENDAR YEAR; REVISED TECH BUDGET TO BE SUBMITTED FOR FURTHER BCC CONSIDERATION Mr. Merlyn Almack provided the Board with a brief description of the work being done in the sheltered workshop, located on Airport Hoad, stating that many people are being trained for jobs who would normally not get into the mainstream of the community. He said his purpose in coming to the Board is the matter of $5,000 being held out of the current year's budget which he said he has been lead to belie\ could not be discussed since there is pending litigation involved. He stated that the appropriation is not under litigation, noting that the funds are needed to continue the TECH Program, previously referred to, until the end of the year when the United Fund will take over. He urged tha Board to consider releasing the funds with the comment that the TECH Center will not bother the Board again since they will have no reason to. Commissioner Wenzel recalled that the records will show that the funds were left in the budget under Contingencies pending resolution of the litigation with regard to the zoning problem existing with the mentally-handicapPod persons re~iding in Naples Manor. Mr. Almack stated that the situation referred to is not a part of the actual TECH operation Commissioner Wimer stated that ho told tho rcprosontativoo who appeared befure the Board during the budget deliberations that he was concerned with the large raises being proposed in their budget. Mr. Almack stated that, although he was not at the United Fund presentation, that organi- zation did not go along wit). th~ proposed increases and that neither would he. Mr. Almack inquired if the Board would consider his roquest if he brought back to tho Commissioners the budget as revised. It was Com- missioner \~imer'B suggestion that the Director be instructed to present the budget with Hr. Almack stating that he would so request. November 7, H78 County Manager Norman noted that thore were three persons registered to speaK/ however, it was determined that they were present to address the zoning matter which WQS not under discussion. ., * * * RECESS: 12:05 P.M. until 1145 P.M. at which time Deputy Clerk Debbie Pantano replaced Deputy Clerk Edna Brenneman. . * * * PETITION SMP-78-l0C, U.S. HOMES REQUESTING SUBDIVISION MASTER PLAN APPROVAL FOR L1\KEWOOD UNIT 16, PART OF Nl/2 OF SEC. 12, T50S, R25E, COLLIER COUNTY - AUTHORIZED FOR ADVERTISING FOR PUBLIC HEARING DECEMBER 19, 1978 Commissioner Wenzel moved, seconded by Commissioner Brown and carried unanimously 5/0, that petition SMP-78-l0C, U.S. Homes, requesting Subdivision Master Plan Approval for Lakewood Unit fr6, part of Nl/2 of Sec. l2, T50S, R25E, Collier County be authorized for advertising for public hearing December 19, 1978. SMP-78-11, CARUSCAN INC., REQUESTING SUUDIVISION MASTER PLAN 1\PPROVAL FOR VICTORIA PARK UNIT II, WIIICH IS LOCATED IN THE Sl/2 OF SEC. 26, T48S, R25E - ADVERTISING 1\UTHORIZED FOR PUBLIC HEARING FOR DECEMBER 2:...9_, 1 978 Commis3ioner Wenzel moved, seconded by Commissioner Brown and carried unanimously 5/0, that petition SMP-78-ll, Caru9can Inc., requesting Subdivision Master Plan Approval for Victoria Park Unit II located in the Sl/2 of S26, T48S, R25E, be authorized for advertising for public hearing December 19, 1978. PETITION R-78-23-C BY U.S. HOMES REQUESTING REZONING FROM "RS-4" SINGLE F1\MILY TO "GC" AND "RM-l-GH" GOLF COURSE AND RESIDENTIAL NULTI-F1\MILY C::ROUP HOUS:i.NG: .l PART OF Nl/2 of S12, T50S, R2SE, KNOWN AS L1\KEWOOD UNIT 16 - AUTHORIZED FOR ADVERTISING FOR 12/19/78 Commissioner Wenzel moved, seconded by Commissioner Brown and carried unanimously 5/0, that Petition R-78-23-C by U.S. Homes requesting rezoning from "RS-4" to "GC" and "RM-l-GU" for part of Nl/2 of Sl2, TsOS, R25E known as Lakewood Unit '6 be authorized for advertising for public hearing December 19, 1978. B~C~ 044 PA~:a66 ~l,. J : ,",'" ,....,~~ . ......,.' ... ,.,. ',' . -- ,-....--- -_......--~_.. . . .'. :...~ ~ " _' :j1~I.::7A1Jm~T J.,.:.... ..' -..' "~,.,,,:,\':::'''';.t4.,__ - :....~.~".,:. ::..."=' .Jr. ~. '( 'j ::. = r~ .",,- BGCX 044 rA~~3S7 November 7, 1978 PETITION R-7B-24C COLLIER DEVELOPMENT CORPORATION REQUESTING REZONING FROM "A" TO "RM-2" FOR PINE RIDGE 2ND EXTENSION REPLAT LOCATED AT TilE SE CORNER OF TRAIL BLVD. AND ENTRANCE DRIVE TO MASTERS - ADVER- TISING AUTHORIZED FOR PUBLIC HEARING 12/19/78 Commissioner Wenzel moved, seconded by Commissioner Brown and ca~ried unanimously 5/0, that Petition R-78-24C by Collier Development Corporation requesting rezoning from "A" to "RM-2" for Pine Ridge 2nd extension rep1at loc~ted at the SE corner of Trail Blvd. and entrance drive to Masters be authorized for advertising for public hearing on December 19, 1978. PETITION R-7B-22C GOODLAND, INC. REQUESTING REZONING FROM "A-ST" TO "FVR" AND "RS-4" IN NW CORNER OF UNDIVIDED BLOCK "X" GOODLAND ISLES, LOCATED AT THE ENTRANCE TO GOODLAND - ADVERTISING AUTHORIZED FOR PUBLIC HEARING ON 12/19/78 Commissioner Wenzel moved, seconded by Commissioner Brown and carried unanimously 5/0, that Petition R-7B-22C Goodlsnd Inc. requesting rezoning from "A-ST" to "FVR" and "RS-4" in NW corner of undivided Block "X" Goodland Isles, located at the entrance to Goodland be authorized for advertising for public hearing on December 19, 1978. PETITION NZ-78-SC, PLANNING DEPT., REQUESTING AMENDMENTS TO COUNTY ZONWG ORDINANCE 76-30 BY ADDING SECTION 22, PART III, TDR-l DISTRICT AND AMENDING SEC. 9, AREAS OF ENVIRONMENTAL SENSITIVITY - ADVERTISING AUTHORIZED FOR PUBLIC HEARING 12/5/78 Commissioner Wenzel moved, seconded by Commissionor Brown and carried unanimously 5/0, that petition NZ-78-SC, Planning Dept., requosting amendments to County Zoning Ordinance 76-30 by adding Section 22, Part III, TDR-l District and amending Sec. 9, Areas of Environmental Sensitivity ~~ authorized for advertising for public hearing 12/5/78. PETITION R-78-2SC, CARUSCAN INC., REQUESTING REZONING FROM "RM-1, HI-1-2, AND RS-3" IN 51/2 OF Sl/2 OF S26, NOS, R2SE, LOCATED IN VICTORIA PARK UNIT II - ADVERTISING AUTHORIZED FOR PUBLIC HEARING 12/19/78 Commissioner Wenzel moved, seconded by Commissioner Brown and carried unanimously 5/0, that Petition R-78-25C, Caruscan Inc., requesting rezoning from "RM-l, RM-2 and RS-3" in Sl/2 of Sl/2 of 526, T48S, R2SE located in Victoria Park Unit II be authorized for advertising for public hearing on 12/19/78. November 7, 1978 RECOMMENDATION FOR APPROVAL OF TAYLOR ROAD 1\SSESSMENT - ADVERTISING l\UTlIORIZED FOR PUBLIC HEARING 12/5/78 Commissioner Wenzel moved, seconded by Commissioner Drown and cnrried unanimously 5/0, that the recommendation for approval of Taylor Road assessment be authorized for advertising for public hearing 12/5/78. AMENDMENT TO COLLIER COUNTY ORDINANCE 78-02, CONTRACTORS' LICENSING ORDINANCE PROVIDING A NEW LIST OF SPECIALTY CONTRACTORS, RECIPROCITY WITH CITY OF NAPLES AND RIGHT TO RESCIND COMPETENCY CARDS ISSUED UNDER RECIPROCITY - ADVERTISING AUTHORIZED FOR PUBLIC HEARING 12/5/78 Commissioner Wenzel moved, seconded by Commissioner Brown and carried unanimously 5/0, that the amendment to Collier County Ordinance 70-02, Contractor's Licensing Ordinance providing a new list of Specialty Contractors, reciprocity with City of Naples and right to rescind Competency Cards issued under reciprocity be authorized for advertising fnr public hearing 12/5/78. HEQUEST DY AMERICAN AMBULANCE SERVICE, INC. TO DELETE PURCHASE OF RAPID RESPONSE VEHICLE AND REPLACEMENT FOR EXISTING AMBULANCE ClIASSIS, AND APPROVAL TO PURCHASE NEW AMBULANCE VEHICLE - BOARD WAIVED BIDDING REOUIREfoIENJ'S RE SAME AND AWARDED CONTRACT TO Nl\TIONl\L AMBULANCE OF ORLANDO, FL. IN THE AMOUNT OF $14,500 Mr. Jack Bridenthal, American Ambulance, explained that his company is in desperate need for a new ambulance and proposed to dolote $14,500 from the budget previously allocated to purchAse a rapid response vehicle and a replacement for an existing ambulance chassis to purchase a new vehicle. He then read from several quotations from bidders noting that National Ambulance of Orlando, Florida submitted a bid for $14,500 which is below the State bid price of $14,885. In resp~nse to Commissioner 1\rcher, Mr. Briden- thaI explained this is a transfer within the Equipment account in American's budget. Commissioner Archer moved, seconded by Commissioner Brown, that formal bidding requirements be waived and the lowest bid be accepted (National Ambul~nce, $14,500) and the requested transfer of funds with- in ~Irican's budget be approved. ~eCK Oqq rA~: 368 The motion carred unanimously 5/0. _r -,..:,:I!,~~:~ BeCK 044 fA~: S69 CHAIRMAN AUTHORIZED TO SIGN REVISED CONTRACT WITH HURRICANE ISLAND OUTWARD BOUND SCHOOL, INC. (NAPLES WILDERNESS ALTERNATIVE PROGRAM) November 7, 1978 Commissioner Wimer moved, seconded by Commissioner Archer and carried unanimously 5/0, that the Chairman be authorized to sign the revised contract with Hurricane Island Outward Bound School, Inc. in reference to the Naples Wilderness Alternative Program. * * * * * * * * * * * * * * * * * * .. * * ,.. November 7, 1978 APPEAL BY GARY ANTONISSEN, ROGART DEVELOPMENT CORP., OF DECISION BY CONTRACTORS' LICENSING BOARD TO REVOKE CERTIFICATE OF COMPETENCY AND LICENSE TO DO BUSINESS - CONTINUED UNTIL NOVEMBER 14, 1978 Per request of the appellant, tho appeal by Rogart Development Corp. re a decision made by Contractors' Licensing Board, the Chairman directed this matter be con~l~ued until November 14, 1978. QUITCLAIM DEEDS FOR THE RIGHT-OF-WAY FOR SMUGGLERS COVE - ACCEPTED AND RECORDED Commissioner Wimer moved, seconded by Commissioner Brown and carried unanimously S/O, that the Quitclaim Deeds for the Right-of- Way for Smuqglers Cove be accepted for recordation. * * * * * * * * * * * * * * * * * * * * BeC~ 044 p",~: S7Z ~~ j. November 7, 1978 RESOLUTION 70-168 TO RECOVER FUNDS EXPENDED TO ADATE A PUBLIC NUIS~NCE ON LOT l4 AND LOT 12, BLOCX 60, UNIT 2, MARCO ISLAND - ADOPTED Commissioner Wimer moved, seconded by Commissioner Brown and carried unanimously 5/0, that Resolution 78-168 to recover funds expended to abate a public nusiance on Lots 14 and 12, Block 60, Unit 2, Marco Island be adopted. In response to Commissioner Archer's concern, Mr. Norman explained that information is being gathered on the existing Weed Control Ordinance in order to workshop tho matter. . . . . . . . . . . . . . . . . . . . .; BGC~ 044 pf.~:S82 ~L November 7, 1978 UTILITY DIRECTOR AUTIIORIZED TO MEET WITH EPA ON NOVEMBER 21, 1978 IN ATLANTA, GA. RE COASTAL COLLIER COUNTY 201 FACILITIES PLAN STUDY ~ommissioner Wimer moved, seconded by Commissioner 1\rcher and carried unanimously 5/0, that the Utility Director be authorized to meet with EPA on November 21, 1978 in Atlanta, GA. in reference to tho Coastal Collier County 201 Facilities Plan Study. CHAIRMAN AUTHORIZED TO SIGN A CONTRACT AGREElolENT ON BEHALF OF BCC AUTHORIZING THE APPRAISAL AND EVALUTATION OF THE C1\PRI WATER NORKS SYSTEM IN THE AMOUNT OF $29,700 Commissioner Wimer moved, seconded by Commissioner Archer, that tho Chairman be authorized to sign a Contract Agreement on behalf of the Board authorizing Stanley W. Hole and Assoc., Inc. to conduct the appraisal and evaluation of the Capri Water Works System for the amount or $29,700. No action was made on the motion. Fiscal Officer Harold Hall advised that presently funds are not av~llable in the Capri Water budget and suggested the funds be either advanced from the General Fund or borrowed from a commercial instit.uation to be paid back from Capri Water Works. * '" ." '" Commissioner Archer left the meeting at 2110 P.M. '" '" ." '" Commissioner Wimer moved, seconded by Commissioner Brown and carried unanimously 4/0 (Commissioner Archer absent at the time of the vote) that the Chairman be authorized to sign aforementioned Agreement to be paid through General Fund and later, if necessary, be replaced with a commercial loan. ." * ." * . . ." ." . B~C~ 044 rA~:'384 * . . November 7, 1978 * .,. * * Commissioner Archer returned to the meeting at 2112 P.M. .,. * * * ClIlIIR1'\AN AUTHORIZED TO SIGN CONTRACT AGREEMENT ON BEHALF OF BCC lIUTHORIZING THE APPRAISAL AND EVALUATION OF THE MARCO ISLAND WATER ~ND SEWER UTILITY SYSTEM IN THE A:-IOUNT OF $51,700 Commissioner Wimer moved, seconded by Commissioner Brown, that the Chairman be authorized to sign Contract Agreement on behalf of the Doard authorizing Stanley W. Hole & Assoc., Inc. to appraise and evaluate the Marco Island Water and Sewer Utility System for the Dmount of $51,700 to be paid through the General Fund and later be replaced if necessary, by a commercial loan, to be paid back from the Marco Island Water and Sewer budget. Fiscal Officor Harold lIa11 noted that there is presently over $700,000 due the General Fund from advances to water and sewer funds. The motion carried unanimously, 5/0. .,. * * * . * .,. * * * .,. * * * .,. * .,. .,. BGO~ O~4 rl.~:S88 } November 7, 1978 ROUTINE BILLS - AUTHORIZED FOR PAYMENT Following Fiscal Officer Harold Hall's statement that the bills being presented have been processed following established procedures and that funds are available, Commissioner Wimer moved, seconded by Commissioner Brown and carried unanimously 5/0, that the bills be approved for payment as witnessed by the following warrants issued from November 1, 1978 through November 7, 1978: FUND WARRANT NOS. BCC Payroll County Warrants 51947 - 52150 700 - 869 BUDGET ANCNDMENT '79-5 INVOLVING TRANSFER OF FUNDS TO COVER COST OF PEST CONTROL FOR GOLDENT GATE, IMMOKALEE AND MARCO ISL1\ND 1.IIJRARIES - ADOPTED IN THE 1\MOUNT OF $139.00 Commissioner Wimer moved, seconded by Commissioner Brown and corried unanimously 5/0, thAt Ruc1ql'!t Amendment '79-5 involving a transfer within a derlrtment budget to cover cost of pest control for Golden Gate, Immokalee and Marco Island Libraries be adopted in the amount of $139.00. .. .. .. .. .. .. * * * .. " * * * " * * t~~" 044 pr::392 November 7, 1978 BUDGET AMENDI1ENT 179-6 INVOLVING TRANSFER OF FUNDS FROM RENTAL ACCOUNT FOR PURPOSE OF PURCHASI~G VARIOUS ITEMS OF OFFICE EQUIPMENT - 1\DOPTED IN THE AMOUNT OF $200.00 Commissioner Wimer moved, seconded by Commissioner Brown and carri~d unanimously 5/0, that Budget Amendment 179-6 involving a transfer of funds within a depart~ent budget from Rental account for purpose of purchasing various types of office equipment (Agri- culture) be adopted in the amount of $200.00. * * . * * * * * * * * * . * * '1\ '1\ . '1\ * .; e~~i\ 044 "A~:394. November 7, 1978 BUDGET ANENOl-1ENT "9-7 INVOLVING TRANSFER OF FUNDS FOR PURPOSE OF PURCHASING WEATHER MONITOR - ADOPTED IN TUE AMOUNT OF $25.00 Commissioner Wimer moved, seconded by Commissioner Brown and carried unanimously 5/0, that Budget Amendment '79-7 involving 8 transfer of funds within a department budget (Agriculture) for purch~sing weather monitor be adopted in the amount of $25.00. .", .", .", * .", .", .", .", .", * .", .", .", * .", .", .", .", .", .", '= BGC~ 044 p~~~596 November 7, 1978 nUDGET AMENDl>1Ern i79-8 INVOLVING TAANS{o'ER OF FUNDS '1'0 PROVIDE FOH TRAVEL RE WORD PROCESSING - ADOPTED IN THE AMOUNT OF $200.00 Commissioner Wimer moved, seconded by Commissioner Brown and carried unanimously 5/0, that Dudget Amendment 179-9 involving a transfer of funds within a department budget (Word Processing) to provide for travel for training workshop be adopted in the Amount of $200.00. " II II II " II . II . II " " II . . II II . II . . .; BGC~ 044 r~::898 November 7, 1978 nUDGE'!' ANEND1<\EN'l' 1179-9 INVOLVING TRANSFER OF FUNDS FOR USE TO PlJRClll\SE SURPLUS OFFICE EQUIPl-tENT - ADOPTED IN THE AMOUNT OF $175.00 Commissioner Wimer moved, ~cconded by Commissionor Brown and carried unanimously 5/0, that Budget Amendme':'\t 179-9 involving a transfer of funu~ oetween department budgets (from Contingencies to I\griculturel to purchase surplus office equipment be adopted in the amount of $175.00. * * * * * * * * * * * * * * * * * * * * * 8GD~ 044 p~:: 400 .. _._..-.~ November 7, 197R DOARD APPROVES COURTHOUSE SPACE ALLOCATION ?L1\NS AS PRESENTED BY CQ1.1MISSIONER WENZEL AND AUTHORIZED FISCAL OFFICER TO M1\KE NECESSARY BUDGET TRANSFERS TO PERl-'ORr-t WORK Commissioner Wenzel presented sketches of proposed space allocation plans for A. P. Ayers office in Building "c" as well as for tho Personnel Department in Building "F" as requested by both of those departments. Commissioner Wimer moved, seconded by Commissioner Brown and carried unanimously 5/0, that the Board approve the space allocation plans as presented by Commissioner Wenzel and that tho Fiscal Officer be authorized to make the necessary budget transfers to perform the work. nO^HD APPOINTS TilE FOLLOWING INDIVIDUALS TO THE PELICAN BAY IM- PROVEMENT DISTRICT BOARDI SALVATORE SCUDERI, DOUGLAS BROWN, AND HARMON TURNF.R (INCUNBENTS) AND ELEANOR WENZEL 1\ND JOESPH FERNANDEZ (NEW I1EMBERS) Chairman Pistor referred to letters from the Pelican Bay Improvement District Board noting that the present members of said Board whog~ t~rmR expire on November 7, 1978 Are requestin~ the Board of County Commissionors appoint a new Board. He stated that incumbents Salvatore Scuderi, Douglas Brown and Harmon Turner have indicated their willingness to serve again on the Board if appointed by the Commissioners. Commissioner Brown moved, seconded by Commissioner Archer and carried unanimously 5/0, that the aforementioned incumbents be re- appointed to the Pelican Bay Improvement District Board. Commissioner Drown nominated Mrs. Eleanor Wenzel to serve on the Board and Commissionel Archer nominated Joseph Fernandez to serve. Commissioner Archer moved, seconded by Commissioner Brown and carried unanimously 5/0, that Mrs. Wenzel and Mr. Fernandez be ': nppointed as new members to the Pelican Bay District Board and that n letter be sent to Salvatore Scuderi, President, notifying him as such. BeCK 044. Pl.:: 402 u , , ,-, ;~ II -~. --;..==-:.;::~~..;;~~~~~.~.,::;;-... . (~~~,~~ BeOK 04 4 p~:: 403 November 7, 1978 CHAIRMAN AUTHORIZED TO SIGN THE CERTIFIC1\TES FOR CORRECTION TO THE TAX ROLL AS PRESENTED BY THE PROPERTY APPRAISER Commissioner Wenzel moved, seconded by Commissioner Brown and carried unanimously 5/0, that the following Certificates for Correction on the Tax Rolls be approved and the Chairman be authorized to sign same: 1978 Tax Roll 1978 Tax Roll 1978 Tax Roll 1978 Tax Roll 1978 Tax Roll NOS. 01,0'2"; 03 04 05, 06 07 08, 09, 10 DATED October 12, 1978 October 17, 1978 October 19, 1978 October 31, 1978 November 6, 1978 RO^RD AUTIIORJ7.F:S THAT NO MEETINGS ARE TO BE SCHEDULED ON TUESDAY, l2/26/78 AND TUESDAY, 1/2/79 Commissioner Archer moved, seconded by Commissioner Wimer and carried unanimously 5/0, that due to the Christmas holidays there will hp nn nnAr~ mpp~ing~ ~ch.du1ed on TueQday, Docomber 26, 1978 and Tuesday, January 2, 1979. BO^RD ^UTHORI ZES GAIN TIME 01" 15 DAYS BE AWARDED TO INMATE J. G. 878-3-5 AT THE STOCKADE FOR GOOD BEHAVIOR Commissioner Wimer moved, seconded by Commissioner Archer and carried unanimously ~/O, that Inmate J. G. '78-3-5 at the Stockade be awarded 15 days Gain Time for good behavior as requested by Wnrden Lester. CIIJ\IRr-Il\N DIRECTS STAFF TO INVESTIGATE MATTER CONCERNING 'l'HE OFFER '1'0 11R, SCHILLER OF THE CONCESSION TO OPERATE HIS BAIT BARGE AT THE COUNTY'S BOAT RAMP ON SR-951 Per Commissioner Wimer's request, the Chairman directed the staff to investigato the matter concerning the offer to Mr. Schiller of the concession to operate his bait barge at the County's boat ramp on SR-951. LAKE TRAFFORD MEMORIAL GARDENS CERTIFICATE DEED NOS. 174 & 175 _ RECORDED AND FI LED FOR TUE RECORD Pursuant to action of the Board January 10, 1978 wherein the Chairman was authorized to sign various deeds to Lake Trafford Memorial Gardens cemetery lots as the need arises, the following Deed Nos. 174 & 175 were recorded and filed for the record: ~.~! ......,.. - " ". .... 11 : ~.l ~~ ,;: j . '. :.:~:!.1 . . .~..}. 7' .' BCC~ ~.4 p~~~407 November 7, 1978 13. Inspection Reports/Detention Facilities received from Fla. Dept. of Corrections for the Stockade and the Sheriff's Jail as well as sub-station in Immokalee7 filed. 14. Building Dept. Reportz Volume for month ending 10/31/78; filed. 15. HomemaKers Service: Copy of amendment for inclusion in the grant materials7 filed. 16. News Releases dated 10/30/78 from the So. Fla. Water Mgmt. District; filed. There being no further business for the good of t~ County, the meeting was adjourned by order of the Chair - Time: 2z35 P.M. BOARO OF COUNTY COMMISSIONERS/EX OFFICIO GOVERNING BOARDCS) OF SPECIAL DISTRICTS UNDER ITS CONTROL /J -~ jj /UJ M.- A. PISTOR, CHAIRMAN '"