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BCC Minutes 11/20/1978 C ., , - Naples, Florida, November 20, 1978 LET IT BE REMEMBERED, that the Board or County Commissioners in and for the County of Collier met in CONFERENCE SESSION at 9110 A.M. on this date at the Collier County Courthouse Complex, Naples, Flurida, with the following memberB presents CHAIRMAN I John A. Piator VICE-CHAIRMAN I David C. Brown C. R. "Russ" Wimer Thomas P. Archer Clifford Wenzel ALSO PRESENT: William J. Reagan, Clerk (10130 A.M.), Jean Swindle, Deputy Clerk, C. William Norman, County Manager, Donald A. Pickworth, County Attorney; Irving Berzon, Utility Director, Neno J. Spagna, Community Development Administrator, Ray Dulaney, Building Director, Carl Clemmer, Zoning Director; Aubrey Rogers, Shorif! nnd Deputy Chief Raymond Barnott, Sheriff's Department. AGENDA BOARD OF COUNTY COMMISSIONERS W 0 R K S HOP ^ 0 END ^ Monday. November 20. 1978 A. Consideration of complaints received with respect to the County's Systems Development Chargos. p. Consideration of possible amendment to building codes as it pertains to building permit fees and possible partial refund of same. C. Consideration of possible amendment to zoning ordinances to permit construction of living Quarters 8s a part of those structures located in commercially or industrially zoned areas in remote portions of the county. This would per~it security of the structures. D. Consideration of possible amendment to zoning ordinances as .it pertains to notice rOQuirements to interested or affected parties. E. Consideration and evaluation of voting machines; finalization of acquisition of same. if desired. F. Request for a building to store those items confiscated and held as evidenoe by the Sheriff. G. Item list for allocationR of the $5 Million nond - ~o be nrepared by the Board and Clerk Reagan 'C~ nl J pw~~D .. . _0' _' . _....:.. _ o. .. '" __.______.__. ...-,_, . _ .. I ~ "~". 'a....... '._........ :. .'. ",. 'I".... '_"'" . W'~_.._.,,1._.~ .......~_. -"t--"- ...........,....... __,.u-.. . - -.,.. .,.... o~. .-, ..-..:.~,..,;;;~.....,;'I;~,#r,..~~:~~~-iC'.~_.",..,..._, .~.- ""'_'~~.-~;';oko,.t~..;;....-.....~ cc~ 044 PA~~4.79 November 20, 1978 CONSIDERATION OF COMPLAINTS RECEIVED WITH RESPECT TO THE COUNTY'S SYSTEMS DEVELOPMENT CHARGES - UTILITY DIRECTOR REQUESTED TO WRITE LETTER TO COMPLAINANTS AND TO DEVELOP AN INSTALLMENT PAYMENT PLAN RE THE COUNTY'S SYSTEMS DEVELOPMENT CHARGES Commissioner Wenzel stated he has received two letters of complaint regarding the payment of the County's Systems Development Charge, calling attention in particular to the letters from Willoughby Acres property owners and the petition containing 300 names that had been accepted by the Board at the October 10, 1978 regular meeting from the Willoughby Acres area. Utility Director Berzon said he knew of only one letter he had received from the RepUblican Women in the middlo of October. County Attorney Pickworth explained he had been asked to look into the matter but had been unable to arrive at a solution for the question asked by the property owners of Willoughby Acres - that being - if they could not be exempted from payment of the Systems Devolopment Charge then they requested that an install- ment plan be devised whereby they could pay for such a charge without it being in a lump sum. Discllssion followed reqarding the public writing the Board of County Commisssioners with their complaints and/or opinions and not receivinq an answer, the inequality of some property ownors payinq the Systems Development Charqe in a lump sum while othors will be allowed an installment pay plan, the necessity of charging a fee for such a pay plan, and the fact that this particular question has been brought before the Board at least two other times. Chairman Pistor asked Utility Director Berzon toqether with County Attorncy Pickworth to draft an ar.swer to the letters of complaint that have been receive~ and Utility Director Berzon to develop an installment payment plan with the inclusion of a charge for such a plan to bc used in conjunction with the payment for the County's Systems Development charqes. ., . ~ November 20, 1978 CONSIDERATION OF POSSIBLE AMENDMENT TO BUILDING CODES AS IT PERTAINS TO BUILDING PERMIT FEES AND POSSIBLE PARTIAL REFUND OF SAME - TO BE DISCUSSED AT A LATER DATE Chairman Pistor began the discussion by relating the situation of the person who obtains a building permit and, due to ciroumstances beyond his control, is unable to use the permit. Commissioner Wenzel questioned if such a person would be entitled to a partial refund of the expended permit fee. As the discussion continued, Building Director Dulaney made the comment that there have not been too many such permits and/or situations but explained that the mere physical processing costs between $36.00 and $100.00 and the Board should keep that in mind when deciding to amend the present building code. Zoning Director Carl Clemmer explained that in the past, the person had to show cause which had to be accepted, before any money was returned. County Attorney Pickworth suggested that the subject be set aside until a later date, saying that hopefully the problem might solve itself. It was the consensus of the Board to set the possibility of an amendment to the Building Code aside until a later date. CONSIDERATION OF POSSIBLE AMENDMENT TO ZONING ORDINANCE TO PERMIT CONSTRUCTION OF LIVING QUARTERS AS A PART OF THOSE STRUCTURES LOCATED IN COMMERCIALLY OR INDUSTRIALLY ZONED AREAS IN REMOTE PORTIONS OF THE COUNTY (THIS WOULD PERMIT SECURITY OF THE STRUCTURES) - TO BE CONSIDER DURING TilE SEMI-ANNUAL REVIEW OF THE COMPREHENSIVE PLAN Zoning Director Carl Clemmer began the discussion by stating that such an amendment to the zoning ordinance is currently covered by the employment of the provisional use variance whenever such a request com before the boards. Commissioner Wenzel suggested that such a request i.e. provisional use variance to construct living quarters 8S a part 0 a commercially or industrially zoned structure should be done admin- istratively and not have to come before the Board and he thought that the presently proposed amendment to the Zoning Ordinance would make this possible. Community Development Director Spagna explained the practic~ of building living quarters in conjuntion with a commercial 8CC~ 044 rA~::481 November 20, 1978 building had begun after World War II but that with the passage of time this practice proved to be less than satisfactory as the living quarters began to be used as rental units and the maintenance and upkeep were neglected. Today it seems to have remedied itself, Dr. Spagna continued, and it is his opinion that this would not be a bad practice to be used again but only if certain guidelines were composed and used when granting such a permit. He also said this particular item could be reviewed at the lame time tha semi-annual review of the Comprehensive Plan takes place. It was the consensus of the Board to consider this proposal during the semi-annual review of the Comprehensive Plan. CONSIDERATION OF POSSIBLE AMENDMENT TO ZONING ORDINANCES AS IT PERTAINS TO NOTICE REQUIREMENTS TO INTERESTED OR AFFECTED PARTIES - POSSIBILITY OF THE COMPUTER BEING PROGRAMMED TO GIVE CURRENT TAX ROLLS AND THE ENLARGING OF PRINT FOR ZONING CHANGES AS ADVERTISED IN THE NEWS MEDIA RE PUBLIC HEARINGS TO BE RESEARCHED Chairman Pistor stated that the pOlicy of the Board of today is to notify any property owner within 300' of the proposed zoning change together with a notice of the public hearing published in the local news media and yet, he said, people are complaining that they are not being notified of the proposed change. Community Development Director Spagna said the problem is not whether the notices are sent registered nnd/or certified but lay in the fact that the notices are sent per the tax rolls from the Property Appraiser's office and more often than not, the incorrect person is notified. Commissioner Wimer suggested that the County' s comp~Jter be programmed so that a curront and valid tax roll could be obtained. Chairman Pistor suggested the use of larger print and bigger ad space for the legals that are now being placed in the news media, making the notices of public hearing more readable to tho public. County Attorney Pickworth mentioned that perhaps the solution would be to have all zoning petitions heard at one of the regular meetings during each month. . November 20, 1978 It was the consensus of the Board that the possibility of having tho computer programmed for a current listing of the tax rolls be rosearched and the idea of bigger and more readable legal ads be considered. * . . " " RECESS: 10:05 A.M. until lOllO A.M. * . . . . CONSIDERATION AND EVALUATION OF VOTING MACHINES, FINALIZATION OF ^CQUISITION OF SAME, IF DESIRED - PURCHASE OF NEW VOTING MACHINES _ APPROVED WITH STIPULATION Supervisor of Elections Edna Santa reported that the public's reception of the new voting machines, used during the past Alection of November 7, 1978, was very favorable and her only question ragarding the County's purchaoQ of such mAchines io one of oducation. Mrs. Santa explnined that more personnel will be needed to be trained in the use of the machines as the time was so limited before the past election, that not enough people were ~nowledgeable in the workings to make the procedure go smoothly. Also, Mrs. Santa said it will be necessary to have a sufficient number of people to man the boards that are required for the count after the ballots have been returned. It was her sug- gastion that a clause be added to the purchase agreement which requires the pdrent company to hold training spssions for those people that will . be responsible for the machines in future elections. She reminded the Board that Tallahassee must be notified of the proposed sale of the old voting machines before they can be put out for bid to other counties. Commissioner Wenzel moved, seconded by Commissioner Wimer and carried unanimously, that the purchase of the new voting machines be authorized with the stipulation that the parent company be responsible for future training of that personnel who will be responbile for the machines. :..~~~if-~~~~~~~~~r~ii.:~~Ji -r=: , ... ___..-...-..._.. '\< _.._~~ .. ~~ .~u ,_'f:.. ~ ,', ~.~ ~",...""'J~~'.j~; ,', ...'....~_ , . -'t'~ '._~.. ...,... ~..,. ~..r.::-)'. ~_..,-... -.t'. t-......' ......' "'~."''''''''''~'..,. ... '.....~ "'0:"". --.t_.t'I~~_ .'. .'.? . ! . ~~, - , .. " .... ......' i ---, ". ~,. .......J"."'t)- ..-...._-.......,...:....:~'::~..:.~~..~~.t..I:.. ..~. ~.-;%;:&E!:~1!?!L~. ~. . .iIf.....~t"'~~ .~:A'ht.....~ ..........._.,.. .~~..__~.,. _._ ~M!~tIU~~ 1~.1 ~~~.....e~.;.;..c. ;.,,~~~~..iT,C.it~.,~t~ :": ,". .....,__.~;:..:.._.H._..:.~ ~:._:.::::-:::,. ~_.::!.~., .:.....~._:... ...,..:.~~~:'.:._~ '.__ ._..~t _n'~ ..'f_.-..~~..: "::"'~.'::"I:j';~.~:,~'~~~.~j..: - ......... ~CCK 044 rA~~AB3 November 20, 1978 Clerk Reagan stated that legal direction is needed in order to p:~ce th~ purchase monies of such machines under the proper entity, saying at present this purohase is listed under "Data Processing" and is not shown as an allocation out of the $5 million bond issue. Mr. Reagan requested direction from the Board as to how they want to finance the above-referenced purchase. REQUEST FOR A BUILDING TO STORE THOSE ITEMS CONFISCATED AND HELD AS EVIDENCE BY THE SHERIFF - TEMPORARY STORAGE TO BE MADE AVAILABLE AT THE COUNTY BARN WITH A 24-HOUR SECURITY GUARD TO BE PROVIDED - ARCHITE( TO BE CONTACTED RE PLANS FOR SECOND STORY TO THE SATELLITE BUILDING Sheriff Aubrey Rogers presented the neoessary request for additional storage space to accommodate those items confiscated and held as evidence by his office, reporting that due to the lack of space in Building "Aft, important evidence is now being housed in every conceiveable space inClUding a restroom. Sheriff Rogers stated that Buch items must be stored in a place that is not only secure but also climatized as some of the evidence could disintegrate if not kept at a particular temperature. Discussion followed with the suggestions tha la) Cement block building - 16' x 20' - be constructed behind the Shariff's department, (b) ^ trailer be pulled behind the Sheriff's dopartment to be used as temporary storage, (c) Plans begun for the construction of a second story on the Satellite Building to be used lUl permanent storage, and Id) Temporary storage be found in the County Barn with a 24-hour security guard to be placed on duty. It was the consensus of the Board that temporary space be found in the County Barn for the Sheriff's evidence, placing a 24-hour security guard on duty, and that plans should be started for the construction of a second story on the Satellite Building which will provide permanent storage space. ITEMIZED LIST OF ALLOCATIONS FOR THE $5 MILLION BOND ISSUE - TO BE PREPARED BY THE BOARD AND CLERK REAGAN In the previous discussions regarding the purchase of the new voting machines and the proposed construction of the second story November 20, 1978 of the Satellite BUilding, was posed the question as to whetner both projects could be financed under the ourrent $S million bond issue. Clerk Reagan stated it would now be neces- sary to formulate an itemized list of the allocations out of the current $S million bond issue inste~d of the general catagories that were used in the adoption of the resolution/$S million bond. It was the consensus of the Soard that an itemized list of the allocations out of the $S million bond iaaue be prepared by the Board of County Commissioners and Clerk Reagan. * * * . * There being no further business for the good of the County the CONFERENCE SESSION was adjourned at 10,40 A.M. by order of the Chair. 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