Loading...
BCC Minutes 09/16/1980 R Naples, Florida, September 16, 1980 LET IT BE REMEMBERED, that the Board of County Commissioners in and for the County of Collier, and also acting as the Governing Board(s) of such special districts as have been created according to law and having conducted business herein, met on this date at 9: A.M. in Regular Session in Building "F" of the Courthouse Complex with the following members present: CHAIRMAN: Clifford Wenzel VICE CHAIRMAN: Thomas P. Archer Johr A. Pistor C. .. "Russ" Wimer David C. Drown ALSO PRESENT: Harold Hall , Fiscal Officer/Chief Deputy Clerk; Darlene Davidson, Deputy Clerk; C. William Norman, County Manager; John Walker, Assistant County Manager; Gene Willett, Administrative Assistant to the County Manager; Jeffory Perry, Zoning Director; Terry Virta, Community Development Administrator; Danny Crew, Planning Director; Dr. Jay Harmic, Environmental Consultant; Thomas Hafner, Public Safety Administrator; Clifford Barksdale, Public Works Adminis- trator/County Engineer; Lee Layne and Tom McDaniels, Planners; Irving Berzon, '. Utility Director; Anthony Pires, Assistant County Attorney; Mary Morgan, Admin- istrative Aide to the County Commissioners; and Raymond Barnett, Deputy Chief, Sheriff's Department. BOARD OF COUNTY COMMISSIONERS AGENDA 800x 056 PALE W September 16, 1980 NOTICE: ALL PERSONS SPEAKING ON ANY AGENDA ITEM MUST REGISTER PRIOR TO THE ITEM BEINC HEARD. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS" AT 11 :00 A.M. • " 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF AGENDA 4. APPROVAL OF MINUTES: August 12, 1980 5. PROCLAMATION AND PRESENTATION OF AWARDS A. EMPLOYEE SERVICE AWARDS (1) Junior Billy 20 years (2) Thomas Kehoe 20 years (3) nN+t,••» 20 (4) Johnny Billie 10 years (5) Rena Butner 10 years (6) Robert Allen 5 years (7) Denise Coleman 5 years (8) Anne Denty 5 years (9) William Evatt 5 years (10) Lloyd Fredley 5 years • (11) Frank Kollarek 5 years (12) Louise Malland 5 years (13) Kathleen McLarty 5 years (14) George Prexler 5 years (15) Felix Reynoso 5 years • (16) Bennie Spencer 5 years (17) William Spencer 5 years (18) Edward Torroni 5 years 6. SOCIAL SERVICES Agenda Page 2 September 16, 1980 \ 7. ADVERTISED PUBLIC HEARINGS �! A. Petition CCCL-80-1-C, Waffaa Assaad, representing Wilson, Miller, Barton, Soll & Peek, Inc: requesting a variance from the Coastal Construction Control Line on property in Section 16, T49S, R25E, Naples Cay. (Community Development) (This is a companion petition to R-80-9-C) (Continued from 7/29/80 Agenda) B. Petition R-80-9-C, Wafaa Assaad representing John Pulling, David Jones, Robert Benson; requesting rezoning from "RM-2" multifamily to "RM-2GH" multifamily group housing on property in Section 16, T49S, R25E, which is known as • Naples Cay. (Community Development) (This is a companion petition to CCCL-80-1-C) (Continued from 7/29/80 Agenda) C. Petition FDPO-80-V-10, Eugene 0. Howell : requesting • approval of a variance from the minimum base flood elevation required by the Flood Damage Prevention Ordinance (FDPO) Number 79-62, or 2.5 feet. (Planning) D. County Water System - Increasing Water User Rates. (Utilities Division) E. County Wale, - Rev, to Water E, Charges. (Utilities Division) (1 ) System Development Charges - Willoughby Acres Area F. Petition R-80-16-C, Whispering Pines: requesting rezoning from "RM-2", "RM-2ST", "RM-1SR" to "GC" Golf Course and "GC-ST" Special Treatment for property located in Sections 11, 14 & 23, T50S, R25E which is located between Kelly Road and the city limits for property known as Fisherman's Cove. (Community Development) (Continued from 6/17/80 and 8/19/80 Agendas) G. Creation of the Riggs Road Improvement District, approvals • of the preliminary assessment roll and advertising for bids. (Public Works) H. Petition to vacate a 30 foot access casement, less and except the South 45 feet within Four Way Corner Subdivision as recorded in Plat Book 4, Page 16, Public Records, Collier County, Florida, which is located approximately 230 feet east of the intersection of Davis Blvd. and Airport Road. (Public Works) 8. OLD BUSINESS RECORDERS MEMO: Legibility od writing, Typing or Printing unsatiatactory in this document when received. Agenda • Page 3 September 16, 1980 9. REQUESTS FOR ADVERTISING Boo 055 mc319. Petition CP-80-12-C, Dr. Ahmet Gursoy; requesting a comprehensive plan amendment from residential 0-4 units per acre to commercial land use on property located on Lots 2, 3, 4, 5, & 6, Block 109, Unit 3, Marco Beach Subdivision. (11/4/80) B. Petition CP-80-13-C, Joseph Guidish: requesting a —niprehr.•sive plan amend! ^et from resident',' fl .r 22 units per acre to commercial land use on property located east of SR 951 and on the south side of US 41 . (10/28/80) C. Petition CP-80-14-C, County Planning Department: requesting a comprehensive plan amendment from medium density residential to medium high density residential land use on Block "C", Palm River Estates, Unit 4. (10/28/80) D. Petition V-80-13-C, Mi Thi Vu: requesting a 22' variance from the 71' required setback of the "E" estates district for side yard, at 6165 S.W. 26th Street. (10/7/80) 10. COUNTY MAC!^^r" ".:7ORT A. COUNTY MANAGER • (1) Recommendation to approve reclassified and newly created job classes to current BCC Pay Schedule and resolution amending overtime code roster of Personnel Policies and Procedures. B. COMMUNITY DEVELOPMENT (1) Petition SNR-80-3-C, Tony Irminger: requesting the street name of Broken Back Road located on the east/west quarter section line through Section 22, T485, R26E. (2) Petition SNR-80-7-C, The Shelter Corporation: requesting the street names of Bear's Paw Trail and Wildwood Lane located in Bear's Paw Country Club Subdivision, Section 26, T49S, R26E. (3) Recommendation to establish Community Block Grant Program as a separate department within the Community Development Division. • C. PUBLIC SAFETY l------I LA 11.... 'I Agenda Page 4 September 16, 1980 x D. PUBLIC WORKS (A) Recommendation to accept property dedicated to Collier County by Cardamar, Inc. for road construction purposes. (from 9/9/80) (B) Recommendation' to approve agreement with Post, Buckley, Schuh & Jernigan, Inc. for Golden Gate Pkwy. extension design. E. PARKS AND RECREATION (1 ) Recommendation for approval to change a Park's Maintenance CETA Clerk 1 to that of Bookkeeper 1 . 11 . DATA PROCESSING MANAGER'S REPORT 12. UTILITIES MANAGER'S REPORT 1 I 13. COUNTY ATTORNEY'S REPORT CLERK TO Th: .,,.,,�'., REPORT A. Payment of bills B. Budget Amendments C. Other 15. BOARD OF COUNTY COMMISSIONERS A. Results of Canvassing Board 16. MISCELLANEOUS CORRESPONDENCE 1 17. NEW BUSINESS 18. PUBLIC PETITIONS 19. ADJOURN September 16, 1980 f BOOK 1)65 PACE / AGENDA - APPROVED WITH ADDITIONS, CHANGE, AND DELETION Commissioner Pistor moved, seconded by Commissioner Brown and carried unanimously 5/0, that the agenda be approved with the following additions, change, and deletion: 1 . Item 7B, Petition R-80-9C, re Naples Cay rezoning- deleted as per request of petitioner. 2. ::ui:e fur publ i., hearing re authorii.ation of advertising for Petition CP-80-12C, as filed by Dr. Ahmet Gursoy, to be changed to 11/4/80. 3. Recommendation for approval of Post, Buckley, Schuh & Jernigan, Inc. , for design work for Golden Gate Parkway Extension - added as Item 10D2. 4. Budget Workshop added at end of Regular Session.* (*This was not held this date.) MINUTES OF AUGUST 12, 1980 - APPROVED AS PRESENTED Commissioner Archer moved, seconded by Commissioner Pistor and carried unanimously 5/0, t'iat the minutes of 12, 1980 be appruv presented. EMPLOYEE SERVICE AWARDS PRESENTED The following Board of County Commissioners' Employee Service awards were presented by Chairman Wenzel , for the number of years service indicated below: 1 . Junior Billy* 20 years 2. Thomas Kehoe* 20 years 3. Arthur McConnell* 20 years 4. Johnny Billie* 10 years • 5. Rena Butner* 10 years • 6. Robert Allen* 5 years 7. Denise Coleman 5 years 8. Anne Denty* 5 years 9. William Evatt* 5 years 10. Lloyd Fredley* 5 years 11. Frank Kollarek* 5 years 12. Louise Malland* 5 years 13. Kathleen McLarty* 5 years 14. George Prexler* 5 years 15. Felix Reynoso* 5 years 16. Samuel Russo 5 years 17. Murdo Smith* 5 years 18. Bennie Spencer 5 years • 19. William Spencer* 5 years 20. Edward Torroni 5 years * Denotes present to accept Service Award. September 16, 1980 PETITION CCCL-80-1-C, WAFAA ASSAAD, REPRESENTING WILSON, MILLER, SOLL AND PEEK, INC. , REQUESTING A VARIANCE FROM THE COASTAL CONSTRUCTION CONTROL LINE ON PRO- PERTY KNOWN AS NAPLES CAY - DENTED. Legal notice having been published in the Naples Daily News on June 1 , 1980, as evidenced by Affidavit of Publication previously filed with the Clerk, public hearing, having been continued from June 17, 1980 and July 29, 1980, was reopened to consider Petition CCCL-80-1-C, as filed by Wafaa Assaad, representing Wilson, Miller, Barton, Sell and Peek, Inc. , requesting a variance from the Coastal Construction Control Line on property in Section 16, T49S, R25E, known as Naples Cay. Environmental Consultant Dr. Jay Harmic introduced two exhibits; the first was the original exhibit depicting the original variance that was requested and submitted as part of both Naples Cay's rezone petition and the variance petition; the second was a drawing that depicts a lesser variance, and other changes that do not coincide with the subject petition. He said that the second drawing was submitted late last week and that he has not had sufficient time to make a thorough study of this latest drawing, nowever, -appears to him trial. ,,..u( porated design of the trestled wood roadway for access over the portion of the subject property that would be the variance portion and the bridgeway across a retention area into the low lying portion of the property would have a more significant impact on the environment than the original concept. He further noted that the scheme of the development is not shown on the latest exhibit; nor is the site of the sewage treatment plant. He said that, in light of the fact that the EAC has expressed particular concern regarding the placement of the sewage plant, he would not recommend approval on any portion of the project until the EAC's con- cerns have been addressed. , The appropriate Resolution that must be adopted, if the Board is to act favorably on the subject petition for a variance, will have to be changed significantly if the Board is to base their decision on the second and latest exhibit, explained Dr. Harmic. " Commissioner Wimer expressed concern as to the fairness of reviewing the petition at this time, based on the lateness of the submission of the new ex- hibit, and Mr. Assaad, requested that the Board consider the variance petition today. O55 B PACE J1 t�,{ O3s 9 September 16, 1980 Mr. Assaad said that the first exhibit was originally submitted with the subject petition, as well as with the companion rezone Petition No. R-80-9-C. He said that the latter has been withdrawn, however, the variance petition is what he is here to ask consideration for. He explained that the second and latest exhibit is merely an illustrative drawing incorporating some ideas that the Collier County Conservancy has suggested at one time and later withdrew. He said that the original exhibit is the one that accompanied the subject petition through staff consideration as well as through all the relative Advisory Boards, and Review Agencies and has been recommended for approval . Mr. Assaad said that the latest drawing is not the one that has been officially submitted; that it is to be considered as an illustration of an alternate method of access and rede- signing the subject site. Mr. Assaad said that the illustrative site plan does not in any way constitute the petitioners official submission of the coastal construction line variance that is being requested. r Mr. Assaad gave a review of the CAPC recommendations to the petitioner, and • said that at the December 20, 1979 CAPC hearing it was very Lieubty .,tared by the petitioner that in order to implement the CAPC recommendations for the group housing plans for Naples Cay, the requested variance from the coastal construction setback line was needed to allow access to the northwest portion of the site. He said that the CAPC did not appear to have any particular objections at that time; the petitioner was invited to submit the variance application; the fees were waived; and, two months later the documentations were completed. He said that these documentations were approved by all Advisory Boards and staff and when presented to the CAPC, objections were raised. He said that although the CAPC does not have the power of review over coastal construction variances, the variance petition was discussed along with the companion rezoning petition. He said that the rezoning petition has been withdrawn, and that as a result of the • many CAPC hearings, and the citizen participation during same, the petitioner feels that the real objection to the planned development is not related to the M group housing; rather, the issue is really the beach access to the subject site. Mr. Assaad said that the petitioner's position is that they will be glad to provide supplemental facilities, such as accessory facilities to the beach ac- cess, and that they have indicated same in their application. He said that September 16, 1980 because the development of group housing depends on whether or not the coastal construction setback line variance is approved, he is here to receive guidance from the Board. Mr. Assaad said that the petitioner feels that they are "caught in the middle" of two powers; one wants public beach; one does not. He said that one power wants road connection; one does not. Commissioner Wimer asked which of the two exhibits are relative to the subject petition? Mr. Assaad said only the original , and he asked that the second exhibit be removed. Having had the second and latest exhibit removed from the view of the Board, so as to avoid further confusion, Mr. Assaad requested that the Board hear from the public and then allow him time for his statements afterward. In answer to Commissioner Wimer, Mr. Assaad said that only the Coastal Construction Setback Line variance is being considered today, and he agreed to keep the discussion related to it only. However, said Mr. Assaad, Dr. Harmic has said that he feels the develop- ment plans are important to him, in relation to his recommendations on the requested variance, and if the Board has any questions regarding that facet of the issue, he will be glad to answer their question. When asked to explain why the rezoning petition was withdrawn, Mr. Assaad said that the petitioner felt that negative recommendations from the CAPC were resultant of the citizen participation and reactions based on issues such as beach access, and road connection to the beach, and not based on the development plans. He said that the petitioner felt that it was appropriate to withdraw the application because of this. Mr. J.P. Gunther-Mohr, resident of Pine ridge, spoke in favor of more beach o access and requested that the Board require the developers of Naples Cay to provide the three access points that are being traJed off for the one that they • 4 propose, which is not readily accessable by the general public. He requested that the Board require these three accesses before they approve the requested variance. Mr. Thomas Gross, resident of the Seagate area, spoke in opposition to the requested variance, citing the setting of a dangerous precedent by the BCC; the possibility of hurricane damage to anything built too close to the water; ti September 16, 1980 05 PAGE the subject property's low-lying qualities as being unable to handle a package treatment plant; the probable need for additional variances once the developer begins to build high-rise buildings, because the land is too small to meet setback • requirements; and the fact that there is not enough beach access being offered, as his reasons. Commissioner Wenzel asked Planner Lee Lavne if Mr. Gross's statement is true, regarding the lack of sufficient space for twenty-story buildings without further variances, and Ms. Layne said that staff would have to see the final site plan to determine this, however, this has been one of the concerns of the CAPC, specifically that the developer of Naples Cay may not be able to meet the setback requirements. Mr. Bill Spencer, President of Seagate Beach Club, spoke of his concern with the environment, and the lack of information to assure no damage of Clam Bay, or to the mangrove areas. He requested that the petitioner provide such information prior to the Board moving on the subject petition. Louise Polan, a resident of Seagate, stated that there is much confusion as to what the intent of the developer of Naples Cay is, due to the many changes in development plans. She also questioned the basis of the promises she has heard • from the developer, as she understands that there is only a 60 year land lease on the subject property. Mrs. Polan referred to news articles that state that Mr. McElwain owns the property, and she said that as far as she knows, he does not; it still is owned by Messrs. Pulling, Jones, and Benson. She said that she believes that there has to be an alternative method, other than the one proposed, for gaining access to the subject area without harming Clam Bay and the subject beach area. Mr. Guion DeLoach, resident of Pine Ridge, stated that he has had the op- portunity to discuss the planned development with the developer, and that he believes that there are overriding public interests that need to be considered, and that because of growth in Collier County, there has been a diminished amount of access to beaches as more and more developments are constructed. He said that the residents in the North end of Naples must go to the south end of Park Shore to find the closest public beach access. He cited many developments that he said were developed without proper enforcement of the Beach Access Ordinance, and he September 16, 1980 further stated that he is in favor of opening up Gulf Shore Drive as, in its present state, there is a fire hazard present in that general area. He urged the Board to consider the rights to beach access of the residents in North Naples as well as those of Seagate, and that the Board get approval of a plan from Naples Cay that provides for the opening of Gulf Shore Blvd. into an extension of Seagate Drive, uuwn into Cray Road. • Mr. Herb Wendle, resident of Pine Ridge, spoke in favor of enforcing the Beach Access Ordinance before approving any kind of development at Naples Cay, noting the lack of proper beach access in Park Shore as an example of what he wishes to avoid. Commissioner Wimer stated that Park Shore was partially platted prior to the adoption of the subject Ordinance, and therefore not required to meet certain regulations within that Ordinance. Community Development Administrator Terry Virta agreed that the original Park Shore plats were approved prior to the Beach Access Ordinance, IA 197P developers _ - _ back to ±'• BCC and combined two parts of the plat, and at that time the beach access was discussed, and Park Shore provided the 20 ft. access and parking facilities, rather than the 100 feet required in the Ordinance. Joyce D'Angelo, resident on Vanderbilt Road, spoke in opposition to the variance request and stated that she is in favor of making sure that there are proper provisions for beach access and adequate parking along the beach area of the subject development prior to approving any such development, in order that the Seagate area does not become as congested as the Vanderbilt area is today. Mike Zewalk, resident of North Naples, said that he favors the Board requiring • the beach access from the developers of Naples Cay, along with adequate parking facilities prior to approving the subject petition. He said that he is not opposed to the requested variance; he favors the petition, as long as there is proper • access to the beach, and the adequate entrance to the beach. He said that he is opposed to the people of the County having to use another entrance to the beach when one should be provided by the developer of Naples Cay as requirement before they receive approval for any variance or any other petition approval . When asked by Commissioner Pistor what will happen to the beach access if the BCC does CC t�e� September 16, 1980 ' BOOR 055 PACE JK.J not approve the variance, Mr. Zewa'k said that the developer cannot develop Naples Cay without it; if the developer gets what he wants; the public should get what they want. He said that he understands that a denial from the Board will be a "standoff" situation, however, if Naples Cay is developed, the public right to beach access must be required. County Manager Norman said that Mr. Zewalk's remarks are based on the • developers , ;ins the rc _ 'ng petition h_ ,e i ng :,:..;aver, it has been withdrawn, therefore, Mr. Zewalk's comments are not valid. He further reported that a building permit application has been filed with the County, during the last week, for a highrise building on the subject property; he has found it necessary to indicate that no building permits for the subject property will be issued until the requirements of the Beach Access Ordinance have been met. He added that one way or another the beach access issue becomes an im- portant issue in regards to the subject. Mr. Henry W. Maxant, resident of Pine Ridge, stated that he agrees with all statements made by .... urevin eakers. Mr. Willard Merrihue, representing the Collier County Conservancy, spoke in opposition to the requested variance, referring the Board to the fact that this is "The Year of the Coastline"; the problems with erosion relative to the subject area; and if the Board is to consider a variance at all , it should base that decision on the redesigning of certain aspects of the project including the trestled access over the mangrove area that was suggested by members of the 4, Conservancy. 1 Mr. Bernie Yokel, representing the Conservancy, spoke in opposition to the requested variance, citing erosion problems, future problems with the proposed roadway, i.e. deterioration, etc. ; need for beach access, and a strong opposition to any alteration of Collier County's beaches as some of his reasons. He strongly recommended denial. He said that a trestled roadway can work, and that it could • • be put back behind the coastal construction setback line, thus, there is no need 1 for a variance. Mr. Assaad spoke about the many points of view of the speakers that were heard today, and referred to the entire issue as being a confusing one. He explained that the variance request is for the extension of 60 feet at the south end of the bend and 65 feet at the north end of the subject property. He claimed • September 16, 1980 that the developer of Naples Cay has to face a real hardship if they are not granted this variance, and are not applying for a variance because of any other reason. He said that this variance will enable the owners to get to the property that they own; 1 and, without the variance, this cannot be done. He said that the subject property will be developed in such a way as to exceed the 75' requirement for a setback from the vegetation line and will also exceed the 150' secbacn rrom i,;, . ;,,tan high water i and will on■,, f, ;,;ect beyond the cast_' construction setback line for the purpose of constructing an access road. He said that this will be located over an existing dirt road, with very little vegetation. He said that it will be constructed over an arti : :cally constructed dune to help with drainage and the protection of the beach and the mangroves on the eastern end of the subject property. He said that it will be almost identical to the BCC ap- proved access in Park Shore except it will be built wide enough to facilitate vehicles. It will be sixty feet wide, inclusive of the slopes, said Mr. Assaad, and will have a two-laned roadway of 24 feet on the top. Mr. Assaad Mr. V ' ^i 's negative the varianr, 1 -� and objected to them being offered at this time and not at the time he sat on the WMAB and reviewed the same petition. He said that at that time, Mr. Yokel voted in favor of recommending approval to the BCC. Mr. Assaad referred to the Conservancy's recommended trestled roadway over • space for the landing of the road once the mangroves have been crossed. He said that, regarding the erosion problems, the Naples Beach Study Report dated August 1980 indicates that the sea level is rising some 2 ft. every 43 years and he does not think that that time frame is sufficient to cause concern of the beaches eroding away, further the same report states that the land north of Doctors Pass is gaining in beach, and is in a period of accretion rather than in a state of erosion. He said that according to the subject study, it will take 86 years to lose one foot of beach. Mr. Assaad addressed the beach access issue by stating that the developer of Naples Cay does not know what the County's intent is and what it is they want, } however, when that beach access is considered, without the requested variance, there will be no way to get to it. Mr. Assaad concluded by saying that the subject request is more legitimate than any others that the BCC has granted, i.e. Vanderbilt; and Wiggins Pass Park. He said that the Planning Staff has recommended approval and that the Engineering • Department has recommended approval, subject to gaining road access. • 1 September 16, 1980 I BOCK 055 PACE Mr. Assaad alluded to the matter of the building permit that Mr. Norman referred to earlier, and said that this building permit was applied for as a precautionary . measure on the part of the developer. He said that Mr. McElwain was not sure which --- ---A ---- way the rezoning petition for the subject property was heading; it was started with good faith and all of a sudden it was going nowhere. He said that a building permit . cannot be applied for if there is a related rezoning petition pending, therefore, the rezoning petition had to be withdrawn; he is prepared to work with the County; a building permit is unobtainable without an agreement being reached regarding the public beach access or the variance on the beach being considered at this time and, - at this point, he is requesting direction from the Board with specific recommend- • ations. Chairman Wenzel said that he would like to meet with the County Engineer and Mr. Assaad to work some of the problems out, and Mr. Assaad requested that the Board take action today on the variance. He said that if the Board wishes, and feel it is in the interest of making a favorable decision on the variance, he would 1 reinstitute the rezoning petition at tnis time, however, he will nti, accept any , further delays. y Chairman Wenzel said that there are some details that must be worked out regarding beach access and roads, and Mr. Assaad said that he has already met with the Planning Staff and that he has been requested to provide additional parking k facilities to add to those that exist in Park Shore. Mr. Wenzel said that this is not acceptable and that he has to satisfy the majority of the people. Commissioner Pistor said that similar variances that have been approved by the Board in the past are now causing a great deal of problems and concern. Mr. Assaad explained the type of construction entailed in the construction of the proposed roadway, including the fact that there will be no excavation, there will be filters . • in the form of rock, etc. , incorporated in the design, and that there will be revegetation of sea oats along both sides of the roadway to protect the environ- ment. He said that in no way can this proposal be compared to a vertical seawall ; it will enhance the area and provide protection to the beach. Mr. Yokel responded to the earlier comments of Mr. Assaad regarding his vote on the project when seated on the WMAB and stated that, in that capacity, he was s i only concerned with the water management aspects of the project and on that basis alone, he voted favorable. He further commented that the beach needs no enhance- 1 i 7 September 16, 1980 • ment or protective construction; it manages just fine on its own. After a brief discussion regarding environmental effects of the proposed construction of the roadway, including comments by Mr. Yokel and Dr. Harmic that there would be a certain amount of environmental impact, and while Mr. Yokel re- commended denial, Dr. Harmic said that he could not recommend approval of the original concept, and that he needed more time to study the alternative. He did say that any encroachment or disturbance in that area has the potential of being detri- mental and even with the trestled roadway, with no fill allowed, there would be some • infringement on sensitive areas. Commissioner Wimer moved, seconded by Commissioner Pistor and carried unan- imously, that the public hearing be closed. Commissioner Wimer moved, seconded by Commissioner Pistor that, based on the expert testimony he has heard today, Petition CCCL-80-1-C be denied. The motion carried 4/1 with the following roll call vote: Commissioner Wimer Aye Commissi,,.._. - Aye Commissioner Brown Aye 1 Commissioner Archer No Commissioner Wenzel Aye RECESS - TIME: 10:35 A.M. to 10:40 A.M. * * * * * PETITION R-80-9-C, WAFAA ASSAAD REPRESENTING JOHN PULLING, DAVID JONES, ROBERT BENSON, REQUESTING A REZONING FROM "RM2" TO "RM-2GH" ON PROPERTY IN SECTION 16, T49S, R25E, WHICH IS KNOWN AS NAPLES CAY. - WITHDRAWN AT THE REQUEST OF THE PE- • TITIONER Petitioners, John A. Pulling, Robert T. Benson, and David C. Jones, withdrew Petition R-80-9-C, by letter, dated September 10, 1980, same letter having been filed with the Clerk. RESOLUTION NO. 80-185, RE PETITION FDPO-80-V-10, EUGENE 0. HOWELL, APPROVING A • VARIANCE TO THE MINIMUM BASE FLOOD ELEVATION REQUIRED BY FLOOD DAMAGE PREVENTION ORDINANCE - ADOPTED _- r Legal notice having been published in the Naples Daily News on August 31, 1980, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition FDPO-80-V-10, filed by Eugene 0. Howell , requesting a variance from the minimum base flood elevation required by the Flood Damage Pre- vention Ordinance. aOC 055 PACEa 2.7 September 16, 1980 • Planner Tom McDaniels said that the petitioner, Eugene Howell , is requesting the subject variance for the construction of a single family home at an elevation of 7.5 feet NGVD instead of the 10 ft. NGVD required in the Flood Damage Prevention Ordinance. He said that the subject property is located on Gordon Street, behind the Steak Town restaurant; that the contiguous homes on either side of the subject property are built at grade level ; one at 7.5 feet; one at 7.3 feet. In an_.;_; to : iniss4 "_r Wenzel , Mr. ieis said tha , ^fanning Depart- ment does inform the petitioner in writing that there are possibilities of flood damage if the variance is granted. Planning Director Danny Crew stated that any Resolutions that the BCC adopts that are relevant to FDPO variances are recorded along with the deeds to property involved and that when these properties are transferred the new owners are thereby notified that the houses are built lower than at the grade recommendations of the Flood Damage Prevention Ordinance. Commissioner Pistor asked if it had not been decided that in the cases of e--,:jested flood el evati^-- "- -„ard wr-'d approve one' -.' ` -c +"- ^�ence between what the applicant is requesting and the elevation of the contiguous houses? Planner McDaniels said that he has been recommending against that procedure because of the runoff problem when one house is higher than the house on contiguous property. He said that it is assumed that if there is to be a hardship, then, it should ride with the applicant, therefore, the applicant should build at grade level . Commissioner Archer said that he is against approving such a large variance and favors approval of a compromised number of feet. He said that he is concerned with the applicants encountering flood problems and coming to the BCC asking why • 1 they let them build so low. Mr. McDaniels said that it is the intent of both the County and the Federal Ordinances that no applicant should be required to build substantially higher than their neighbors, and Commissioner Pistor said that he still feels a com- promised height is better and, that in this case, the difference is only 11 feet. He said that the 11 feet higher than the next house would not, in his opinion, cause any problems with runoff and would be substantially safer from flooding. September 16, 1980 Commissioner Archer moved, seconded by Commissioner Brown and carried unanimously, that the public hearing be closed. Commissioner Archer moved, seconded by Commissioner Brown and carried 4/1 , with Commissioner Pistor opposed, that Resolution No. 80-185, re Petition FPO-BO-V-10 be adopted. * * * * A * * * * September 16, 1980 RESOLUTION 80 - 185 N B00it 055 PAGE VARIANCE FROM THE MINIMUM OBASE FLOOD ELEVATION REQUIRED BY THE FLOOD DAMAGE ' r PREVENTION ORDINANCE (F-DPO) NO. 79-62. 4 WHEREAS, the petitioner, Eugene O. Howell desires to build a Single Family Home at 3997 Gordon Street (Lot 27, Col-Lee-Co-Gardens) and has requested a variance from the Minimum Base Flood Elevation . required by the FDPfl No. 79-62; and, ^• WHEr ^S, t'.. Boa:- ..F •• B- Zoning App._. 'gas hold a ;;uu,« ���aring as required by law; and, WHEREAS, the Board of Zoning Appeals has reviewed Petition • FDPO-80-V-10 in accordance with Section 18, Paragraphs (5), (6) and (7), and has made a finding that the granting of this petition, in its . opinion, complies with the intent and purpose of said Section of Ordi- nance 79-62 as follows: (5) The 2.5 feet reduction from the Flood Insurance Rate Map (FIRM) 10' National Geodetic Vertical Datum (NGVD) require- • ment to 7.5' NGVD is the minimum variance necessary, con- . . ' ,41 sidering the flood hazard, to afford relief. This conclusion is based on the following facts: • .. 1 The adjoining :._w.,. on th, ' 'th is at are . • proximately 7.3 NGVD and the adjoining house on the south is ....... • -._...... at an elevation of 7.6' NGVD. The requested variance will put the elevation of the petitioner's home at the same level. This is a reasonable difference in order to control drain- age on-site, allow for reasonable access and provide for an .. appearance in keeping with the surrounding neighborhood. I • (6) The 2.5' variance is issued upon: (a) A showing of good and sufficient cause based on review of considerations contained in (7), following. (b) A determination that failure to grant the variance would it w result in exceptional hardship to the applicant, his neighbors and customers. (c) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, • or conflict with existing local laws or ordinances. (7) In passing upon this variance, the Board of Zoning Appeals I' has considered all technical evaluations, all relevant factors, standards specified in other sections of this ordinance, and the following; ( The Board's findings are noted in paren- e theses) (a) the danger that materials may be swept onto other lands to the injury of others. (such danger will not be signif- icantly affected by the granting of this variance) --•- L_i i-_._._) September 16, 1980 • (b) the danger to life and property due to flooding or erosion damage; (not applicable ) (c) the susceptibility of the proposed facility and its con- .. -. • tents to flood damage and the effect of such damage on 401' . the individual owner; (susceptibility held to the minimum) I (d) the importance of the services provided by the proposed . facility to the community; (not applicable) • (e) the necessity to the facility of a waterfront location, where applicable; (not applicable) - r - (f) *I-° av:"-bility of alter•^Pt'•, e locations, ‹''bject to flooding or erosion damage, for the proposed use; (no alternative location is possible) (g) the compatibility of the proposed use with existing and anticipated development; (granting of 2.5' variance determined to be compatible) ' (h) the relationship of the proposed use to the plan and flood plain management program for the area; (consistent •. with County's flood plain management program) • (i) the safety of access to the property in times of flood for ordinary and emergency vehicles; (access will not be significantly affected by granting of this variance) .. (J) the ^'' ^-*^-+ ';eights velocity, dui- ;^^ r,te ,-F rise ' E and sediment transport of the flood waters and the j effects of wave action, if applicable, expected at the site; (not significantly affected by the granting of this variance) • , (k) the costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electri- cal, and water system, and streets and bridges. (nor • mal cost as per surrounding residences) (I) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. (Not applicable, not in designated floodway). (m) Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surround- , . .. ed by lots with existing structures constructed below the base flood level, providing items (a - I) have been fully considered; (subject lot fulfills this criteria for a vari- ance). NOW, THEREFORE, BE IT RESOLVED by the Board of Zoning Appeals, that Petition FDPO-80-V-10 is hereby granted subject to the following conditions: 1 The variance shall be for the reduction of the Minimum Base Flood • Elevation required by FDPO No. 79-62 from 10 feet NGVD to 7.5' feet NGVD. . ._ (\ r ,n September 16, 1980 • 2. The Chief Administrative Official shall mail a copy of this Resolu- . tion to the petitioner by registered return receipt and such mailing • shall constitute compliance with Section 18, Paragraph (10) of FDPO No. 79-62 which reads as follows: , "Any applicant, to whom a variance is granted, • shall be given written notice that when a 055 PACE 331 structure is permitted to be built with the lowest habitable floor elevation below the base flood elevation, the cost of flood insur- ance w;11 be commer,su',re ,with the incr e c r► risk resulting from the reduced lowest habitabie floor elevation." 3. The granting of this variance has been predicated principally on • the engineering data and information provided by the petitioner and a review of same with respect to the considerations required _• by the FDPO No. 79-62. The granting of this variance by the Board of Zoning Appeals does not make or imply any assurances that the subject property or structures are not subject to flood damages. Further, the granting of this variance shall not create liabil- • ity on the part of Collier County or by any officer or employee thereof for any/ floor' damaoec, that result from reliance nn this variance or any administrative decision lawfully made thereunder. In accepting this variance, the petitioner assumes all respon- sibility for any property damage resulting from its application. Commissioner Archer motioned, seconded by Commissioner Brown for the adoption of this Resolution. Upon call for the vote, the motion carried 4/1 with Commissioner Pistor opposed. BOARD OF COUNTY COMMISSIONERS • DATE: September 16, 1980 COLLIER COUNTY, FLORIDA ATTEST: BY: j1 /GC/' WILLIAM J. REAGAN, l_F K CLIFF,/ D WENZEL/ CHAIRMAN 1n NJS/sgg/65-H • Planning Dept. 8/4/80 September 16, 1980 ORDINANCE NO. 80-93, INCREASING THE RATES, CHARGES, AND FEES FOR THE COUNTY WATER SYSTEM - ADOPTED Legal notice having been published in the Naples Daily News on August 27, • t i1980 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider the increasing of the rates, charges, and fees for the County Water System. Utility Division Director Irving Berzon seated that the Board is considering today the first of at least two more rate increases between now and 1982-83. He said that the County is presently in the midst of developing a County Water System and one of the requirements is that a financing plan be developed which will be self supporting. He said that the request for the increase in user charges is e consistent with t Ht financing plan. He said that it is being done in this manner so as to minimize the impact on the present users, and yet, provide the County with an adequate financial base on which the bonds may be sold to provide the monies needed to construct the system that is proposed. Mr. Mike Zewalk, resiueiit or Nort . ..,.r ;es, stated uuue ,iL ...._ _.-, ..cu that the people affected would be more willing to accept a rate increase if it were to be an increase of 10% over the next five years than if it is to be the recommended • 15% each year over the next three years. Mr. Berzon said that the intent is to stay in the black, or in a "liquid" state at the time the bonds are to be sold, and that at 10% per year for the next five years the system will not be in such a state of firince. He said that the . actual rate of increase will be approximately 52% over the next three years, at a rate of 15% per year. He said that the intent is that by the time the bonds 1 are sold there will be an adequate number of customers so as to sufficiently cover expenditures without raising the rates further, other than for reasons of in- flationary costs, etc. , which no one has any control over. He said that this increase, and the two to follow, one next year and one the following year, are all that should be necessary for financing purposes. ' The new proposed rate increase for reconnection charges, from the present I , $5 to $20 was discussed at length and Mr. Zewalk charged that said proposed fee { was excessive. Mr. Berzon stated that while there are always a few exceptions, many customers do not pay their bills and require having service terminated, i . September 16, 1980 BOCA 055 PACE simply due to negligence, and that if there are exceptional cases that require special arrangements they can be handled in such a manner. He further explained what is entailed in getting these delinquent bills paid and the amount of time • required to have service discontinued and then turned back on when bills are paid up. He added that there are no employees on the payroll just to handle these types of jobs and that they must be taken away from other work in order to do ?: them. He said that the revenue anticipated from this increased service charge ,► � for reconnection is not anticipated as being large, and that the intent is to r r: disuade individuals from allowing their bills to become delinquent. IIf',. 1's Commissioner Pistor moved, seconded by Commissioner Archer and carried unanimously, that the public hearing be closed. Commissioner Pistor moved, seconded by Commissioner Archer and carried unanimously, that the recommended increases in the rates, charges, and fees for • the County Water System be approved, as recommended by the Utility Director, and that the Ordinance as numbered and entitled below be adopted and entered into Ordinance Book No. 12. ORDINANCE NO. 80-93 AN ORDINANCE AMENDING ORDINANCE NO. 79-89 ; WHICH AMENDED ORDINANCE 79-67 , WHICH AMENDED ORDINANCE NO. 78-8, REVISING SECTION TWO , WATER USER RATES AND PROVIDING AN EFFECTIVE DATE. ORDINANCE NO. 80-94 INCREASING THE SYSTEM DEVELOPMENT CHARGE FOR CONNECTION TO COUNTY WATER SYSTEM - ADOPTED, INCLUDING A PROVISO EXCLUDING EXISTING STRUCTURES 1 AND/OR PERMITTED HOMES IN SUBDIVISIONS WHERE CONSTRUCTION FOR SYSTEM HAS BEGUN # Legal notice having been published in the Naples Daily News on August 27, 1 1980, as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider the adoption of an Ordinance increasing the system devel- opment charge for connection to County Water System. Utility Director Irving Berzon explained that the matter before the Board for consideration is an increase in the system development charges for connection to the County Water System, from $325 which is the present charge to $700, per equivalent dwelling unit. September 16, 1930 He stated that at the request of Commissioner Wimer he has been asked to consider the circumstances of the people in the Willoughby Acres Subdivision, who are presently in the midst of construction for the subject service of the Water System, and perhaps should not be penalized for the lateness of this construction in their area by having to pay the proposed increased system development charge. He referred to a 1paal mcmrrandur^ from County At*.ernev Pickworth data, c,,ntember 12, 1980 and one dated earlier on December 12, 1979, and stated the former memorandum of September 12, 1980 discusses the possibility of exempting the new proposed charge for the Willoughby Acres residents and others in the same circumstances throughout the County. Mr. Berzon said that it is not lawful to make a special exemption for a select group of people because of their location only, however, two circumstances have been arrived at that could develop a class of individuals that might be exempt from this particular system development increase. He said that this class of individual would not necessarily be exempt from the entire system development charge itself. • Mr. Berzon said that it is important to bear in mind that Mr. Pickworth cautions that the system development charge, as it has been developed thus far, is an im- portant and integral part of the total financial plan for the County Water System. He said that before the Board does anything that might jeopardize that entire plan, by modifying the proposed system development charge, the Board should study the matter very carefully. He said that both the County Attorney and himself are in favor of finding some way of accommodating the people who live in Willoughby Acres; they have waited a long time for their water system; their plans have been in the process of development all during these years prior to the adoption of the financing plan for the subject system; and, construction in that area did begin before this Ordinance would go into effect. He said that through no reasons attributed to them, the residents in Willoughby Acres could be penalized by the increase in the system development charge impact. Mr. Berzon said that he urges caution on the part of the Board, because this action could jeopardize the entire program. Chairman Wenzel asked if the system development charges were created to help defray some of the capital improvements for the County Water System in the future, and, asked Mr. Berzon if it had not been decided in the past that the present users x+ are not causing an impact and therefore would be entitled to "some sort of a break"? xs A' 055 PACE 335 September 16, 1980 Mr. Berzon said that is the purpose of the system development charge, and that what has to be determined is not the people who are living here; the issue is whether or not approving the new proposed charge will be fair to those people in Willoughby Acres, and other areas where construction has begun, and/or where there have been • building permits issued already. He asked that the record reflect that it is not the intent to develop a piece of legislation for the people in Willoughby Acres only; however, this happens to be the area where there are many such cases. He said that the Willoughby Acres residents were not necessarily reckoned in the new pro- jections that would be coming "on-line" for financing purposes. He said that the "end" of all of these modifications is to develop a financing program; not just the $700 that will be collected now, but the future $700 that are to be collected is what makes up the basis of the County's borrowing monies. After a brief discussion regarding the subject area residents, the problems they have encountered thus far, in order to get water, and other related matters, Mr. Berzon stated that his recommendation is that barring something that he has noc considered, or has not been seen thus icr , that the Board auujL. wee proposed Ordinance with the stipulation that it will be modified to provide for the two • conditions mentioned in Mr. Pickworth's September 12, 1980 memorandum. He said that this would satisfy the needs of those existing homes in Willoughby Acres. He said that those homes that have had a building permit issued should be exempt also. In answer to Commissioner Wimer, Mr. Berzon said that the residents of Willoughby Acres are not familiar with the proposed exemptions because of the lateness of the hour which the proposal was developed. Commissioner Wimer ex- plained the intent of the proposed exemption to those interested members of the • audience, as explained in the memorandum from the County Attorney. There was a brief discussion regarding the fact that this is not being proposed for only the Willoughby Acres area, and that the time effectiveness of '41 the proposed exemption, as read by Assistant County Attorney Pires from Page Two, of the September 12, 1980 memorandum, which indicated that the effective date will be the date that the Board adopts the revised fee schedule. `' September 16, 1980 . Mr. Pires stressed the fact that this is a "may" situation, and that it "may" be possible to exempt these aforesaid situated homes. After a brief discussion, Mr. Pires said that the date of effectiveness is actually the date that the subject Ordinance, if adopted, becomes "law"; that is to say, the date placed in the ordi- nance, or upon receipt of acknowledgement from the Secretary of State's office that the Ordin,^re hac peen re'Dived by the State. Mr. Mike Zewalk spoke concerning the problem that one may face if they were to Imove from one side of the street to the other, and Mr. Berzon explained that if the newer residence was already being served by the County Water System, then the resi- dent moving into that home would not pay the proposed system development charge. He said that this charge is for new connections to the system, if they have never been served before, and is separate from the charges for reconnection to the system or for having the water turned on, so to speak. Mr. Mike Warren, resident of Willoughby Acres, asked the Board if the residents in Willoughby Acres can count nn the Ordinance being changed to read that there will be an exemption for such residents as explained by Messrs. Pires and Berzon? Com- missioner Pistor agreed, adding that this is the intent of the Board, and unless the legal issue is challenged in the Courts, and the BCC is told they cannot do this, it is intended to make the exemption possible and a part of the relative Ordinance. Commissioner Wimer concurred. Joyceanna Rautio, resident of Willoughby Acres, asked if the proposed exemption will still allow for a full financing program for the County Water System, and Mr. i Berzon answered affirmatively, adding that the "liquid" state of the system is still possible, even though the loss of revenue would have some bearing on the financial program. He referred to his earlier statement that the present Willoughby Acres ti residents were not necessarily included in the anticipated revenue based on the new proposed system development charge of $700. Ms. Rautio stated that in this case, she is in support of the adoption of the Ordinance with the proviso for exemptions of existing homes, etc. Helen Badensoop, resident in Willoughby Acres, spoke in favor of having the proviso included for exemptions if the Board is to adopt the Ordinance. Mr. Elwood Witt, resident of Willoughby Acres, spoke in favor of the proposed Ordinance with the proviso for exceptions. t September 16, 1980 • BOC,c 055 PACE337 • Commissioner Pistor moved, seconded by Commissioner Archer and carried unanimously, that the public hearing be closed. • Commissioner Pistor moved, seconded by Commissioner Wimer and carried unan- imously 5/0, that the Ordinance, including a proviso for exceptions as explained within the September 12, 1980 memorandum from Attorney Pickworth, as numbered and entitled below, be adopted and entered into Ordinance Book No 12. ORDINANCE NO. 80-_94_ AN ORDINANCE ESTABLISIHING A SY;;T'.?II DEVELOPMENT CHARGE FOR CONNECTION TO WATER SYSTEMS OPERATED BY COLLIER COUNTY, FLORIDA; PROVIDING FOR ANNUAL REVIEW; PROVIDING EXEMPTIONS; PROVIDING FOR RE- PEAL OF ORDINANCE 78-11 , AND REPEAL OF RESOLUTIONS NO. CWS-80-7 AND CWS-79-8; PROVIDING FOR CONFLICT • AND SEVERANCE; AND PROVIDING AN EFFECTIVE DATE. ORDINANCE NO. 80-95 RE PETITION R-80-16C, WHISPERING PINES, INC. , APPROVING A • REZONING FOR PROPERTY KNOWN AS "FISHERMAN'S COVE" - ADOPTED SUBJECT TO STIPULATIONS; PETITIONER'S AGREEMENT TO STIPULATIONS RE BUILDING HEIGHT AND FUTURE REZONING ACCEPTED Legal notice having been published in the Naples Daily News on May lb, 1980, i • as evidenced by Affidavit of Publication previously filed with the Clerk, public • hearing, having been continued from 6/17/80 and 8/19/80, was reopened to consider Petition R-80-160, filed by Whispering Pines, Inc. , requesting a rezoning from km- 2, RM-2ST, RM-1 and RN-1ST to GC-Golf Course, and GC-ST Special Treatment, for property located in Sections 11, 14 and 23, T50S, R25E, which is located between Kelly Road and the City Limits for property known as Fisherman's Cove. Planner Lee Layne stated that Petition R-80-16C has been continued several times because the following concerns were raised by the WMAB, and needed to be addressed: 1. Groundwater nutrient information. 1 2. Submittal of specific data showing boundaries separating project from wetlands. 3. Submittal of more detailed information regarding sewage treatment • plant. i?' Ms. Layne said that on September 10, 1980, the WMAB again reviewed the petition and recommended approval, based on the following: 1. The sewage treatment facilities are to be provided for the entire project. 2. Two of the golf course holes are to be relocated, thereby relieving concern regarding groundwater nutrient being transferred into Naples Bay. 3. The development line shall adhere to the upland/wetland boundary as • September 16, 1980 indicated on the black line presented during the meeting. 4. Any variation to the boundary line shall be documented and justified. • Commissioner Archer asked if any radical changes have been made for the proposed development regarding the overall layout, since the BCC last saw the • • plans. Ms Layne pointed out an area of the project on an overhead map, that is located in the City of Naples, and said that the two golf holes are to be moved from that location. She said that the final placement for these holes has not yet been determined as the final engineering design for the golf course is not yet complete. Ms. Layne said that the two holes may be incorporated with others in the proposed golf course-zoned area; if this is not feasible, then the petitioner may have to come back to the BCC and request additional rezoning for more golf course area. Commissioner Archer said that he understands that there have been some radical changes in the types of units that are to become part of this development, and asked for confirmation from Ms. Layne. Ms Layne said that the BCC is not re- viewing that aspect of the development at this time; the only concern at this time -- — - ( is the golf course area, and that the Planning Department has not reviewed any plans for the multi-family development. When Commissioner Archer asked Ms. Layne if the subject petition had been • taken back before the CAPC for further review in the same manner as the other advisory boards have re-reviewed this petition, Ms. Layne said that it had, adding that there were no changes in their concerns; the CAPC based their concerns on water management and included in the CAPC's recommendation for approval as follows: 1. Prior to start of any construction, the petitioner must satisfy the WMAB's concerns; and the concerns of flooding to adjacent properties and point discharge into Ni:ples Bay must be satisfied with WMAB. 2. Sewage treatment plant will handle the entire project and connect to a municipal system when it becomes available. Commissioner Pistor asked about the two proposed golf courses that were planned originally for the project and Ms. Layne said that they are going to be removed. Commissioner Pistor noted that the Executive Summary, dated 9/16/80, under EAC-APPROVAL SUBJECT TO THE FOLLOWING, includes a stipulation (E), that reads as follows: E. Building be restricted to 3 habitable floors. He said that, although Ms. Layne has said that the Planning Department is not considering this aspect, he is. He said that he is going to see that, j Aft It' 'nnn k Bic055 PACEVc7� September 16, 1980 OO • if the BCC approves the zoning change, they do not give the developer a "blank ' :., check"; and, the, the developer suddenly begins to construct an 8 or 10 story building in the subject development. He went on to clarify his quest_ion by asking Ms. Layne if this particular stipulation or restriction is part of staff's recom- mendation for approval subject to certain stipulations. Ms. Layne said that the EAC recommended this restriction on building heights and, as part of the EIS submitted by the Petitioner, the petitioner has indicated triaL the buildings will be limited to 3 stories. She said that, as far as she knows, this agreement on the part of the petitioner is binding. . Mr. Michael Stephen, representing the Developer, Whispering Pines, Inc. , cir- culated copies of an overlay of the golf course area that is in question today. He said that the developer, Mr. Sheehan, is also present today to answer questions. Mr. Stephen referred to a large scale plan of the golf course and said that the primary stated concerns regarding the rezone petition being considered today are water management-related; they have not been previously addressed and have been raised by '" . • the Cu. .ier County Conservancy, as welt as :-.:... .;:IAB, as folluws. Y SEWAGE CONCERNS: The sewage treatment plant will be located on an interior "".." upland site, as far away from Naples Bay, as is possible. It will be sized large enough to handle all of the units that will be placed in the devclop- � merit, and will handle all of the impact of said development until such time as a major municipal treatment system becomes available. POTENTIAL OF NUTRIENT LOADING INTO NAPLES BAY BY THE GOLF COURSE: The • developer has eliminated this problem by removing two golf course holes from direct proximity to Naples Bay. DENSITY REDUCTION: This concern has been addressed by the rezoning request • itself; the entire subject property is presently zoned for multi-family use; the request is to rezone the outer perimeter of the property to "GC" Golf 1 Course, thereby reducing density to less than 750 units for the entire project. LOCATION OF WETLAND/UPLAND BOUNDARY: This has been addressed by the petitioner agreeing to move all of the development to behind the wetland/upland boundary, which is shown on the aerial photograph. Mr. Stephen said that all possibilities to contain the two golf course holes that will be moved within the golf course zonir,;; if this is not possible, it is . understood that the petitioner will have to come back to the BCC for additional rezoning. He said that he mentions this because he wished it understood that, be- cause of the withdrawal of these two golf holes, the developer is faced with "squeezing the development in the interior area of the site". DRAINAGE PROBLEMS: The drainage will be handled by the internal lake system; this lake system will be sized so as"to accommodate all of the rain from the 100-year storm, 5 day event, and would develop an elevation of 4.3 feet. September 16, 1980 The minimum road elevation is to be 6 feet; the minimum garage floor • elevation is to be at least 6" above the roa'l elevation. • • BERMED AREAS RE WATER MANAGEMENT: A portion of the subject properly will be rimmed, i.e. , areas of lakes in proximity to the wetlands, so that water can be retained as on-storage sites after a heavy rain. This berm will be entirely upland of the upland/wetland boundary; it will have a number of discharge points that will then, on the seaward side of the berm, send water into a spreader/waterway system so that the sheet- flow will flow back into the mangrove areas. Mr. Stephen said that the developer has worked very closely with the WMAB, and has agreed to all of the above. He said that the WMAB has verified that the berm can be constructed in a safe manner; that the project can be constructed in a viable fashion; and, that the developer is eliminating the negative impacts into Naples Bay. He said the result will be a development that will have a . positive impact on the community as a whole. There was a brief discussion regarding the elevation proposed for the garage • floors in the planned development, during which Mr. Stephen explained that the proposed elevations agreed upon and, as indicated earlier, are adequate because the floors will be at least 611 ft. , they will have a positive drainage down to the roads which will be at 6 ft. elevation; the roads will have a positive drainage down to the lakes which are to be designed to hold discharge from a 25-year storm without any discharge at an elevation of 3.9 ft. He said that consequently there is approximately a 21 foot head between the garage floors and the level of the storage elevation of the lake system. He added that a 100-year 5-day storm would develop an elevation of 4.3 feet, which is still 2 feet below the ground floor elevation of the garages. • For the record, Assistant County Attorney Pires and County Manager Norman asked Mr. Stephen to identify the exhibits referred to during the above-referenced presentation; the following are his identifying remarks: Mr. Stephen said that Exhibit "G", the water management plan, dated November 1978, as originally submitted with the EIS for Fisherman's Cove, is the document to which he has been referring. He said that a duplicate site plan displayed on the board during the meeting will be turned over to staff. He said that, additionally, a recently flown set of scale rectified • aerial photographs, dated 8/25/80, copies of which were turned over to County Staff as a result of the WAR meeting, are being referred to. Mr. Stephen said that the petitioner has had the entire project reflown, +. and a new set of aerial photographs made of same. (These are described above.) 055 PACE 341. September 16, 1980 • He said that these photographs have been used to determine the ur:land/wetland boundaries. He said that the approximate position of the upland/wetland boundary has been indicated in black and that the petitioner requested that this same line constitute the development limit of the project, with the exception of areas shown in green, at the WMAB meeting. Mr. Stephen said that the WMAB recommendation in- cludes a stipulation that the development exclude the areas in green, except where the petitiu er can oocume",:. ::nd demonstrate ,.:,,,uaIly the neres Ly of using any of these areas as a preserve, but contain the vegetation and allow the use of these areas as additional retention areas. He said that in this way the weight of proof has been put on the applicant. He said, for the most part, the developer has been limited to construction to above the upland/wetland boundary line. TM Mr. Stephen said that the line marked in black is an approximate line; that there was a delay in obtaining clear photographs; that there has been a great deal • of work done very closely with Bernie Yokel from the Conservancy, and a biologist • representing the developer, who have personnally field-checked the lines; and that, •'.equently, there hay. adj.. ' ---its made bot., ;_.. _.,,ard to more accurately represent the upland/wetland boundary line. He said that the next _. . . :.. step is to plot the actual boundary line which will become the official document limiting the extent of the proposed project. Mr. Stephen said that the petitioner feels there have been tremendous advances made; and tremendous improvements made in the project by the developer; also, that • the developer has "given away" a significant amount in the best interest of the • project and that of the community. He said that he has done his utmost to present a revised, improved plan that meets the satisfaction of the BCC. Mr. Merrihue, representing the Collier County Conservancy, stated that the Conservancy has been working very closely with the petitioner in reviewing the proposed rezoning and the project plans. He said that the Conservancy's position has always been in favor of a high-grade golf course development in the area of the proposed project. Regarding the line between the upland and the wetland areas, Mr. Merrihue said that the new aerial photographs were presented and most of the area in question has been walked off and physically checked for accuracy with the next step being to flag the line of demarcation. He said that the concerns for nutrient leeching underground into Naples Bay have been addressed by the developer who has y i September 16, 1980 • • " agreed to move the two golf holes that concerned the Conservancy. Mr. Merrihue said that Mr. Arnold Lamm, a member of the Conservancy, was particularly vociferous regarding the inability of any developer to construct a berm without hurting the mangroves in the area. For that reason, said Mr. Merrihue, the Conservancy hired an outside engineering firm, Post, Buckley, Schuh & Jernigan, to conduct a study and recommend the proper manner in which to construct the berms in Fisherman's Cove. He ..0 i d that. this has made some y:..,d recommendations iur keeping the runoff out of Naples Bay, without deteriorating any of the mangrove. Mr. Merrihue said that another concern of the Conservancy is the location of the sewage treat- . ment plant, noting that the Conservancy feels that the proposed location, combined with the restrictions set forth by the DER, will be adequate to protect the area from any sewage-connected problems. Mr. George McIntyre, of Post, Buckley, Schuh & Jernigan, outlined the following recommendations regarding the proposed Fisherman's Cove project, based on a critique of the original plan of the developer: . ''" 1. The proposed .,�.,�,i of t� .5 ect berm a p p r J rc_. or construction with ordinary equipment and methods; a wider section would be necessary. 2. A spreader swale, along the outboard side of the subject berm, should • be installed where it interfaces the wetlands. • 3. Several drainage culverts should 'le constructed through the berm system, with water elevation control structures. 4. The quality and quantity of suitable fill material for berm construction from within the site should be investigated. Small diameter trees up • to 10" in diameter should be utilized as a base for constructing and stabilizing the berm; this will help limit construction to the narrow • strip and thereby protect the wetland area outside the established construction limits. 5. Construction access for proposed golf holes two and three be looked at carefully. • • 6. Prior to any construction, the wetland/upland line should be well identi- fied by good aerial photographs and be verified with markings in the field. 7. It should be further mentioned that the berm top will have to be used as a maintenance route for the drainage system and might conflict with golf course design or operation. Mr. McIntyre said that upon completion of the above-referenced study and after determining the recommendations, there was a follow-up meeting with the Conservancy, Mr. Sheehan, the Developer, and the Engineers of the project. He said that they P agreed that the recommendations were all good and well-founded and that the September 16, 1980 ,t 05a PACE 343 developer indicated that it is his intent that the-,e recommendations be incor- porated in the revised plans for the development. Mr. Bernie Yokel , representing the Conservancy, said that his concerns with the golf course holes and the possibility of nutrient pollution have been laid aside; that he assumes that the negotiations between himself and the developer regarding the finalization of the determination of the upland/wetland boundary will become part of the record; and that the concern of Mr. Lamm that the berm cannot be built as designed is, as far as he is concerned, a true concern, adding that the design of the berm for Fisherman's Cove development has to be redesigned, and widened. He said that on the lower end, by the spoil piles, it is questionable whether it could have ever been built; however, because the two golf holes have been removed from that area, that argument disappears. Mr. Yokel said that a good many problems have been satisfied by the proposed modification of the berm to in- clude a spreader-waterway, which should keep the mangrove areas in that area in good health. Mr. Yokel agreed that the berm should be designed large enough to • , • handle the maintenance problems, and he understands that the devt=wvi.7.1 nas agreed to those design features. Mr. Yokel said that he would say that as the project has been modified he now sees no large environmental problems associated with it. Mr. Baird McLain, resident of Tarpon Road, stated that he objected to the hearing not being postponed until such time as Mr. Lamm could be present, as the • BCC has done for the developer time and again. He asked if the Golf Course zoning, that is being rezoned, is to be an "auxiliary" zoning in addition to the present "RM-1" and "RM-2" zoning. Chairman Wenzel explained that it would not be "in addition" to the present zoning; it will be "in the place" of the present zoning. } Community Development Administrator Terry Virta further explained that multi-family zoning presently exists on the entire property and the only portion to be rezoned is that portion that will be the golf course, which will no longer be zoned multi- — family. Mr. McLain asked if the developer could, unless specifically thwarted from it, decide to build high rise condominiums instead of three-story buildings above a garaging area. Chairman Wenzel agreed that he could, however, he stated that this type of building would have to be approved by the Board, and, thus far, no T.• k application has been submitted for any type of buildings. He added that high- rise buildings can be built, according to the present zoning, on the entire piece • September 16, 1980 . of property. Mr. Virta said that the only matter before the Board this date is . . the consideration of that portion of the subject property which has been de- lineated as a proposed golf course; the remaining property will continue to enjoy • the zoning classification that is presently designated, specifically, "RM-1" and "RM-2", with portions of those classifications having an "ST" overlay on them. • Chairman Wenzel said that he believes that the developer has committed himself to no more than 749 units, rather than the 3000 allowed under the present • zoning, if the requested rezoning is approved. He said that is the reason that he is favoring the rezoning. Commissioner Pistor asked if the total of 749 units is for the entire property, and Mr. Virta said that it refers to the residual property; if an increase in the number of units is desired, the petitioner must • submit a new EIS, and would also cross the threshold for a DRI. Commissioner Wimer said that the question being discussed is whether or not the developer can be held to only build at 3 stories above parking, and Mr. Virta • said that the problem lies in the fact that the relative lands on wnicn buildings will be built are not before the BCC today for consideration. Commissioner Wimer said that he understands that, however, the petitioner has agreed to this building • height. He further asked Mr. Virta if the petitioner has not agreed to the building heights as part of the stipulations for the rezone petition and Planner Lee Layne answered that this has been so stipulated in the EIS. Mr. McLain asked if all of the information and statements are being tape-recorded for the permanent record and he was assured by the Board that it was. Mr. McLain asked why the BCC • should take off the "ST" designation from the portion of the RM-2 zoned property in Tract A, as is requested in the rezoning petition. Ms. Layne said that this has already been done, as a part of the Planning staff's review of all of the • _ ~ "ST" designated lands in the County, as some of them have not been fully defined; the revised "ST" is depicted by a red line on a map on display. She said that the revised "ST" is based on a field examination that was carried out by Dr. Ilarmic, County Environmental Consultant and the developer's biologist. Ms. Layne went on to explain the procedure for the designation of "ST" from the time the County first established such a designation up through the time that the subject project was field-surveyed. ' SOCK 055 PACE345 September 16, 1980 Mr. McLain referred to an earlier statement made by the petitioner's repre- I esentative, Mr. Stephen, who said that the petition was, for the most part, in • •, accordance with all of the recommendations of staff, etc. He asked who would he responsible for seeing that the developer, Mr. Sheehan, did, in fact, follow through with adhering to all of the stipulations. He objected to there not being any agree- ment signed to that affect. He asked why the subject development could not be a "PUD", and Chairman Wenzel said that the staff has said that this is not necessary. Mr. McLain voiced many other objections, all of which center around the "unclarity" or certain inferences of conformity on the part of the petitioner without .any formal • signed agreement to conformity. He also cited several past problems that the devel- oper has had in regards to State and Federal regulatory agencies, and several in- stances where the BCC apparently did not see that Mr. Sheehan conformed to certain regulations relative to other developments he initiated in Collier County, and urged the Board to see that these problems do not come to light again regarding Fisherman's Cove. Mr. McLain asked Mr. Wenzel , "in the spirit of fairness and to remove any . possibility of suspicion, that he disqualify himself from voting on the subject rezoninS'. Commissioner Wenzel refused to do so and went on to say he saw no reason to do so, referring to media reports regarding his personal investments in the past as other than the truth, and said that he is in no way connected with the developer . A or the proposed development. Maurice Garwood, resident of Royal Harbor, referred to a letter addressed to John Stevens, R.S. , Collier County Health Department, from Bruce Simpson, research ' . . 1 ! Director of the Collier County Conservancy. He said that letter refers to the Conservancy as stating that it would be completely opposed to Fisherman's Cove or . any part of it. He said that the letter indicate_ that the proposed use of a sewage treatment plant at the subject site would be inappropriate, and is a major concern __` of the Conservancy. Upon completion of reading several passages within the subject letter, Mr. Garwood asked if the Conservancy is completely satisfied at this time, 1 with regards to the plans for the proposed development at Fisherman's Cove? Mr. Merrihue said that the Conservancy has told the BCC that the developer has largely • satisfied the Conservancy's concerns. He further assured those f • September 16, 1980 interested, that the Conservancy intends to monitor every aspect of the revisions that have been agreed to by the developer. He said that long ago he himself suggested that Fisherman's Cove be a "PUD" and that the Planning staff said that it is not necessary. Mr. Garwood opposed favorable action on the subject petition until some of the matters he and the others spoke of today have been cleared up. He said that when the Conservancy says they are completely satisfied, he will feel differently. Mr. Norman asked that the record reflect that he knew nothing about the Planning staff's position regarding the subject development being a "PUD". He said that he and Mr. Pires have been discussing a number of stipulations that have emerged during this meeting that are not covered in any documentations, and that perhaps some unclear wording exists in the presently agreed upon stipulations. Chairman Wenzel stated that it has been requested that, due to the lateness of the hour, the meeting be recessed for lunch, and he asked Mr. Norman and Mr. Pires if this can be handled after such a recess. During the discussion regarding thy.: Board's intentions, Mr. Norman suggested that, if the Board is satisfied with what it is they have heard today, and they wish to encourage that things proceed, the Board might wish to direct the staff to come back to the Board with a carefully-worded document which will incorporate the stipulations that are needed at the next BCC meeting. Chairman Wenzel asked if he • is referring to the incorporation of all the various advisory boards' and agencies' recommendations. Mr. Norman said that he means that all of the things that have been agreed to by the developer one way or the other, be properly documented, and then agreed to and attested to by Mr. Sheehan. Commissioner Pistor said that he wants to see Tracts A, B, and C, limited to three stories. Mr. Pires said that he sees the problem as minor language problems, that some of the language is vague, and that some areas are left out altogether. He referred to some of the items that have come up this date that are not documented at all. Commissioner Wimer asked why this has been discovered at this late date, and Mr. Norman said that some have just been brought to light. Commissioner Wiener said that he cannot see how this could take a week, and suggested instead, that y ' the staff prepare the proper documentation during the day, and bring it back • during the afternoon session. Chairman Wenzel said that he is considering all .1' BD3ic C155 PACEJY7 September 16, 1980 • r, of the staff recormmendations within the Executive Summary, including Traffic Planner, EAC, ENFD, WMAB, Planning, and CAPC. He said that he assumes that all of these will become part of the minutes. Mr. Pires agreed, adding that the berm construction assurances, the wetland/upland line, and more specificity regarding the three habitable floors, all need to be documented. After a brief discussion regarding the amount of time needed to take care of • the documentation, it was agreed unat this matter would be continued arter the lunch recess. RECESS - TIME: 12:15 P.M. to 1 :45 P.M. * * * Upon returning to Regular Session after the recess, Chairman Wenzel offered an apology for his reaction to Mr. McLain's request to disqualify himself from voting • on the subject rezoning. He said the entire matter, as far as he can see, is really a personality problem between certain citizens and the developer. ...... • Chu rman Wenzel asked it rr. rues has r. _r • ed the docuo� stipulations for the rezoning petition. Mr. Pires said that he has, and that Messrs. Virta, Yokel , and Dan Conley, Attorney for Mr. Sheehan, have all reviewed it. Ile then read the agreement into the record. Commissioner Pistor moved, seconded by Commissioner Wimer, that the Petitioner's Agreement, as read by Mr. Pires, regarding Petition R-80-16C, be accepted as part of the conditions for rezoning if the BCC so approves. The motion carried 5/0. Mr. Virta stated that there was also some question as to what the pertitoner has agreed to in terms of the Conservancy's consultants' recommendations. He asked for the petitioner's agent to state for the record what the petitioner's intentions are. Mr. Kris Dane, of Coastal Engineering, stated that he is the project Engineer, and that he has reviewed the recommendations by Post, Buckley, Schuh & Jernigan, and although he appreciates the suggestions and wants to design a system that will meet } the objectives of their memorandum, he cannot say whether or not a bed of 10" trees will be put down for the proposed berm, as this is too "fine tuned" for him to agree to. He said that whatever is decided in this respect will have to go through the WMAB and be approved in the final plan for the development. When September 16, 1980 • asked if he would also agree with the County Engineers' recommendations at that time, Mr. Dane agreed. When asked by Mr. Merrihue if he would object to the Con- ! servancy's engineers looking over the plans, Mr. Dane said that he will probably be consulting with them on the design of the berm. Mr. McLain asked if the removal of the RM-2 zoning, as indicated in the agreement read by Mr. Pires, will stop any chances of the developer changing his mind in the future and building other than the three-story buildings, Commissioner Wimer agreed. Mr. Yokel said that Mr. Pires saw fit that some things should be mentioned verbally for the record rather than having them included in the agreement he read; one of which deals with the final adjustment of the wetland/upland line, and asked the developer to acknowledge that there are still some changes to be made and that the wetland/upland line will probably lie a little farther upland, in general , than it does at the present time. Commissioner Wenzel asked if this is to be done during the course of the golf course construLLiui and Mr. Yokel uyr, ... .uiialy, said Mi . Yokel , he requests that the petitioner's representative agree that the sewage will be handled with an infiltration pond, and that there will be no direct discharge from the plant. The final point that Mr. Yokel asked for agreement on is that all development will be moved off of the three spoil piles in the southwest section of the development, including the tennis courts and the two golf holes, and that these facilities then be located in an upland location. Mr. Dane agreed to all of the stipulations regarding the sewage treatment plant, the golf course holes, and the tennis courts. Regarding the upland/wetland boundaries, he said that he believes the forum for a final decision for determining I the final placement of this line should be the WMAB meeting when he comes in with the final plans. Mr. Yokel said that he feels that the Conservancy has a consulting ---- role in this matter, and that he feels an agreement can be worked out before this M comes to the WMAB. Mr. Yokel asked Mr. Dane to agree that the berm will be designed to allow maintenance vehicles to use it, and that it allow a spreader waterway, with properly discharged water in a sheetflow manner into the wetlands. Mr. Dane said that he would stipulate to both points. PI �1 - h� September 16, 1980 Jt 055 PACE After a brief discussion regarding the "ST" /designations on the present zoning, Commissioner Pistor moved, seconded by Commissioner Wimer and carried unanimously, that the public hearing be closed. Commissioner Pistor moved that the Board approve Petition R-80-16-C, subject to staff stipulations, CAPC stipulations, and those within the agreement to the Agreement between Lloyd Sheehan, as president of Whispering Pines, and Collier County, includ: the ,,,:rmiss: :., to rezone the •'; zuning to RM a1:,:, including the stipulation prepared by Post, Buckley, Schuh and Jernigan, including final tr upland/wetland line adjustment, the sewage is to be handled by an infiltration • pond, all development will be moved from the spoil island, including two golf • holes and the tennis court. Mr. Norman said that Mr. Pires has suggested that the motion include final • phraseology to adopt the necessary amendment to the zoning ordinance. Commissioner Pistor agreed to amend the motion, to include the adoption of the Ordinance, as numbered and entitled below, and that said Ordinance be entered into Ordinance • Book "1. 12. Commissioner " : _., nded t' motion. Commissioner Archer stated that he is firmly and completely in accord with the proposal and with the concept of the subject project; however, until the specifics are put into writing and signed by this particular developer, he cannot vote for it in view of the record regarding the developer's past projects. Commissioner Brown asked if the Agreement between Mr. Sheehan and the County has been signed and Mr. Pires said that it had not. Commissioner Archer stated that the agreement which Mr. Brown is referring to only covers a small portion of the stipulations that have been discussed. i Upon call for the question, the motion carried 4/1 , with Commissioner Archer 1 voting in opposition. ORDINANCE NO. 80 - 95 • AN ORDINANCE AMENDING ORDINANCE 76-30, THE COMPREHENSIVE ZONING REGULATIONS FOR THE • • UNINCORPORATED AREA OF THE COASTAL AREA PLANNING DISTRICT BY AMENDING THE ZONING MAP ;.' NUMBER 50-25-1 AND MAP NUMBER 50-25-6 BY CHANGING THE ZONING CLASSIFICATION FROM Rif-1 RESIDENTIAL MULTI-FAMILY, RM-1ST RESIDENTIAL MULTI-FAMILY SPECIAL TREATMENT, RM-2 RESIDEN- 'TIAL MULTI-FAMILY, AND RM-2ST RESIDENTIAL MULTI-FAMILY SPECIAL TREATMENT TO GC, GOLF COURSE AND GC-ST GOLF COURSE SPECIAL TREAT- ( MENT ON THE FOLLOWING DESCRIBED PROPERTY: PORTIONS OF SECTIONS 11, 14 AND 23 IN TOWN- SHIP 50 SOUTH, RANGE 25 EAST, AND BY PROVID- TNG AN RFFRCTTVF. MATE. September 16, 1980 A G R E E M E N T• THIS AGREEMENT entered into this 16th day of September, 1980 -, between the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA and WHISPERING PINES, INC. , a Florida corporation by and through its undersigned President, LLOYD SHEEHAN. Whispering Pines, Inc. , by and through LLOYD SHEEHAN, Petitioner and Agent, in Zoning Petition R-80-16-C and as President of Whispering Pines , Inc. , agrees to the iuiiowing stipuiaLons and conu,LLiuus as a • condition of the rezoning of the property in the aforesaid • numbered petition. 1. No buildings in NW-1/4, SW-1/4, Section 14, Township 50 . . South, Range 25 East, Collier County, Florida, as indicated in • the aforesaid rezoning petition, will be more than three habitable floors in height plus one (1) parking level, said structures not to exceed 40' above the finished grade. This restriction on the building height in. the aforesaid areas is a voluntary agreement, mutually satisfactory co both C,�i�er County a.Liu _...6 Pines , • Inc. , and this Agreement was not forced upon the Petitioner, Whispering Pines, Inc. nor was pressure exerted upon Whispering Pines, Inc. to enter into this Agreement. . c Additionally and furthermore Whispering Pines , Inc. indicates !! y • I it has no objection to any action of Collier County to rezone the aforesaid described property currently zoned RM-2 to a classification known as RM-1 or a similar classification in the future. I 4 Witty sed: / - WHISPERING PINES , INC. % , _ .7 � � •. . i • {t, -/'t-r- �,,.- By: '-r LloydS,heean, � President ATTEST: % BOARD OF COUNTY CO;ff•iISSIONERS �`��S �, G A WILL J. tEAG2\ Clerk COLLIER COUNTY, FLORIDA /-.t /)I "-„,c,_ , .rte %J 1: _ . .( Clifford %lenze1, Chairman Approved as . form and legal suffi ic}. ,,--- Assistajt oun Attorney • "' September 16, 1980 455 PACE 351 • �_ ' ._. . . RESOLTION NO. 80-186 CREATING RIGGS ROAD IMPROVEMENT DISTRICT - ADOPTED • PRELIMINARY ASSESSMENT ROLL - APPROVED Legal notice having been published in the Naples Daily News on August 26, 1980, as evidenced by Affidavit of Publication filed with the Clerk, public hearing i:.. was opened to consider the adoption of a resolution creating Riggs Road Improvement District and approving the preliminary assessment roll . • Public works A1ministrator/County Engineer Clifford Barksdale explained that all of the related right-of-way documentation has been received and recorded; the • preliminary assessment roll has been prepared for an estimated total of $181,523.15 for 12,100 front feet, or $14.2259 per front foot. Mr. Barksdale explained that the above-referenced figure per front foot has been revised since the Executive Summary was prepared and represents a substantial drop in assessments than originally anticipated. He said this reduction came about . as the result of the inclusion of the two end-lots at the end of Riggs Road, deter- mined to have access to the subject road. Mr. James Code, resident of Riggs Road, addressed the possibility of extending the assessment payments over a longer period than the 5 to 7 years which has been • the usual practice of the County in the past, because of the financial hardship on the respective landowners. He requested that the landowners be given at least 10 years to pay assessments. During a brief discussion, Fiscal Officer Harold Hall stated that the regular procedure is to complete the subject project and, when the actual cost incurred is known, the financing details can be recommended when the Board approves the final assessments. He agreed to look into the possibility of extending payment over a longer period of time and adding that this type of assessment is usually paid over • a shorter number of years. However, he said that they would try to accommodate the residents on Riggs Road and would make his recommendations at the time the • final assessment is approved and would try to figure a timetable that would not • incur an annual payment over $1 ,000 per year; he said that a 7 year term might be feasible. Mr. Code said that, in light of the high assessments to the property owners along Riggs Road for a whole new road, perhaps the County could just come in and repair the drainage and grade the existing road so it would be passable during the rainy season. He said that at a later date the County could put in a better road, when the residents could more easily accommodate the large assessments. j September 16, 1980 Mr. Barksdale pointed out the high costs necessary to grade and repair the subject road, and the fact that it would have to be done on a nearly annual basis in order to keep it passable all year round. He said that in the end the residents may have a higher cost than if the subject road is properly built to meet County specifications. Comnr,cioner Rrown ?'"d Mr. Hall tc onrider allowing +hn tuh.iect residents 10 years to pay their assessments, and Commissioner Pistor asked Mr. Code to allow the Board to approve the method that would be less costly, explaining that an ex- tension of time would just add interest costs to the assessment. Mr. Barksdale noted that two letters were received regarding the subject 1 road improvement district; one, from Mr. & Mrs. Thompson, in fa/or of the paving of Riggs Road; and the other from Western Growth Co. , opposing the.creation of the subject improvement districi.. Commissioner Archer moved, seconded by Commissioner Pistor and carried, to close the public hearino. There was a brief discussion regarding the possibility of not paving the road at this time and Mr. Barksdale noted that a petition has been received with over one-half plus one signatures of the affected property owners, and therefore the road should be paved. Upon hearing Mr. Barksdale state that, if the bids that are let are too high, they will be rejected, Commissioner Brown moved, seconded by Commissioner Archer and carried unanimously 5/0, that Resolution No. 80-186 creating the Riggs Road Improvement District and approving the preliminary assessment roll , be adopted and that the Engineering Department be g g artment p given approval to move forward with the letting of bids, and the like, necessary to construct the subject road. * * * J 665600 O.R. 883 PG 1294 055 PAGE353 RESOLUTION NO. 80-186 —— September 16, 1980 • RESOLUTION CREATING A PAVING DISTRICT FOR RIGGS ROAD FOR APPROXIMATELY 6,050 LINEAL FEET, LEGAL DESCRIPTION CONTAINED WITHIN WHEREAS, it has been requested to the Board of County Commissioners that paving improvements be made to the street named Riggs Road for ap- proximately 6,050 lineal feet. The legal description for the improvement district is as follows: The West One-Half of the West One-Half of the Southeast Quarter of Section 8 and the East One-Half of the West One-Half of the East One-Half of Section 8, Township 51 ' 7. South, Range 27 East and the West One-Half of the East One-Half of Section 17, Township 51 South, Range 27 East, . and that portion of the West One-Half of the Northeast Quarter of Section 20, Township 51 South, Range 27 East, lying North of U. S. 41 (Tamiami Trail) , Collier County, Florida. WHEREAS, the Board of County Commissioners on March 18, 1980, received a petition from the property owners along Riggs Road requesting that the road be constructed to County standards and would be eligible for future County maintenance, and 4. • • ieb. WHEREAS, the Board of County Commissioners on August 19, 1980, directed the staff to schedule a public hearing for September 16, 1980 in the Boardroom, Building "F", Collier County Courthouse regarding the creation ti of a paving improvement district and a tentative assessment roll for these improvements to Riggs Road for approximately 6,050 lineal feet and the County Engineer presented a report and assessment to the Board showing an estimated total cost of $181 ,523.15 with an approximate front foot cost of $14.2259 for the benefiting property owners within the improvement district for requested paving and improvements for the subject street, and WHEREAS, the Board of County Commissioners in accordance with Collier County Ordinance No. 75-14 did order the public hearing to be held • September 16, 1980 to consider said paving improvement project, and each of the owners of the properties to be benefited was notified of the hea-ing by letter, which set out the description of his property, the estimated amount of his assessment and the scope of the work to be accomplished, and WHEREAS, the public hearing has been held this 16th day of September , 1980, and at which time it was concluded agreeable to said notice and to law, and after no objections having been filed or all objections having been over-ruled or adjusted, and all interested persons having had an opportunity to be heard, the Board having found that said improvements will confer a special benefit in particular properties; r-.__1 ri _ r O.R.883 Ni 1295 September 16, 1980 NOW, THEREFORE, BE IT RESOLVED AND ORDERED, that a paving improvement district for the street Riggs Road for approximately 6,050 lineal feet is hereby created, and shall be known 3s the "Riggs Road Paving Improvement District", and • • BE IT FURTHER RESOLVED AND ORDERED that the cost of paving be paid by I; • special assessment under the provision of Collier County Ordinance No. 75-14. ' Commissioner Brown offered the foreaning resolution and moved its adoption, which was seconded by Commissioner Archer and upon roll call the vote was: . ' AYES: Commissioners Brown, Archer, Pistor, Wimer and Wenzel NAYS: None ABSENT AND NOT VOTING: None ,, Done and ordered this 16th day of September , 1980. • BOARD OF COUNTY COMMISSIONERS ` • COLLIER 1A.J1,, , , , _. an CL;FORD WEN EL, HAIRMAN • ATTEST: WILLIAM J. REAGAN, CLERK $ . • no 'a---" a a ff • Ln • i I,11 11 E1 ka Reee•M,e end VerIted ti ` GC ec��,j In OrinM,eecaC V [. BDCR 055 PACE 3J`# toroth cor`Tr rLCa,oA wauAr.+i AlAC•`,,c10 K ' Eiy OLONIA nOLI.AItD,O.G 1.° 1;`N. ..:,�j,>t iv -- -�K' '. v&,t r;@5+;,.r�¢'fi'fiI,WJIIr . "* BGCt 055 PACE 355 September 16, 1980 RESOLUTION NO. 80-187 VACATING A 30' ACCESS EASEMENT WITHIN FOUR WAY CORNER SUB- DIVISION - ADOPTED WITH STIPULATIONS; TAX RECEIPTS & AFFIDAVIT OF PUBLICATION RE • • INTENT OF PETITIONER TO APPLY FOR SAID VACATION - ACCEPTED FOR THE RECORD Legal notice having been published in the Naples Daily News, on August 24, 1980, as evidenced by Affidavit of Publication previously filed with the Clerk, , public hearing, having been continued from 9/9/80, was reopened to consider the . , vacation of a 30' access easement within Four Way Corner Subdivision, as recorded in ;. Plat Book 4, Page 16, of Lne Public Recoru., Lollier County, 1iurida, less and • except the south 45 feet thereof. Public Works Administrator/County Engineer Barksdale stated that the subject . . property is located just behind the bank at the intersection of Davis Boulevard and Airport Road. He said that he received a petition from Mr. George Varnadoe, At- 1 i torney representing the Citizen's National Bank, to vacate the subject access 1 easement; that letters of "No objection" have been received from Cablevision; and . that Florida Power and Light and United Telephone have requested that the easterly 10 feet of the subject easement be retained as they have lines within that area. He ;aid that, in additiu., .,,iiity n . - -tment has re:,_._ . ' - ,^' easement for a proposed sewer lift station. Mr. Barksdale said that the petitioner has agreed that, provided the easement is vacated, they will dedicate the easterly 10' and the 30' x 30' easement, respectfully, to the utility companies. He said that the Engineering Department has reviewed the petition and determined there will be no effect in the area if the subject easement is vacated, provided the above stipulations • are retained. He recommended that the appropriate resolution be adopted. . Commissioner ARcher moved, seconded by Commissioner Brown and carried 5/0, that / j the public hearing be closed. lj Mr. Varnadoe submitted the petitioner's Affidavit of Publication re Naples • Daily News publication of September 8 and 15, 1980 re petitioner's intent to apply (i for said vacation along with the tax receipts for 1979 for the subject property to be filed for the record. He stated that he has all of the aforementioned "Grant of Easement" agreements to the respective utility departments and companies. He said ++� that, in addition to the 30' x 30' easement, he has agreed to provide d temporary • t 10' construction easement for the County Water Sewer District, if and when they need it. Mr. Berzon said that this is satisfactory to the Utility Division. , r! Commissioner Wimer moved, seconded by Commissioner Brown and carried unan- ! r; \ imously 5/0, that Resolution No. 80-187 vacating the 30' access easement with stipulations outlined above, be adopted. * • * * . •• 1 1 1 1 1 j _ j' L� September 16, , ' . . _ 665616 RESOLUTION NO. - 80-187 O.R. 883 PG 1317 RESOLUTION PURSUANT TO CHAPTER 177, FLORIDA STATUTES TO VACATE A PORTION OF THE PLAT OF FOUR WAY CORNER SUBDIVISION AS RECORDED IN PLAT BOOK 4, PAGE 16, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SAID POR- TION BEING A THIRTY (30) FOOT ACCESS EASEMENT, LESS AND EXCEPT THE SOUTH FORTY-FIVE (45) FEET, THEREOF. WHEREAS, the Board of County Commissioners of Collier County, Florida, pursuant to application and under the authority of Section 177.101, Florida Statutes have in regular session this date considered vacating a portion of a recorded plat - r.ore fully described below, and . WHEREAS, notice of application for said vacation was . given as required by law, and proof of such publication was attached to said application, and WHEREAS, the applicant Citizens National Bank and Bill Grant has shown that applicant is the fee simple owner • of that portion of the plat sought to be vacated and has ,c..: attached to the application certificates that all state and • county taxes have been paid, and . WHEREAS, the granting of the requested vacation will . not adversely affect the ownership or right of convenient • access of persons owning other parts of the subdi.vision, NOW, THEREFORE, BE IT RESOLVED that the following described plat be and is hereby vacated: A portion of Four Way .,,rner Subdivi—, - —.Clod _clod in Plat Book 4, Page 16, Public Records of Collier .'." '' County, Florida, said portion being described as a -.. thirty (30) foot access easement, less and except the south forty-five (45) feet thereof. • BE IT FURTHER RESOLVED that the Clerk is hereby directed to record a certified copy of this Resolution in the Public "t Records of Collier County and to make correction on said plat thereby vacated. . Commissioner Wiener offered the foregoing Resolution and moved its adoption, seconded by Commissioner Broom and upon roll call the vote was : AYES: C ,mrniss.ioner t;ir.er, Brown, Pistor, Archer and Wenzel I, NAYS: None ABSENT AND NOT VOTING: '`: le' Done and n,-rl,•'ro;i t h i s _.16th day of SEp t cr.lber, 1980. ATTEST: BOARD OF COUNTY COXXISSIONF.RS WT1,L .. J '.EAC,/,r, „lerk COLLIER COUNTY, FLORIDA . .._. 1....., _ -e__ By . /•� -,-g`"�e d! - C ii; i.d en. el , C•,•, n t : Approved as to form :ind legal / ir ' /'!. t � A wr='` )onad . icKoh • Coll '__er County Aiturney i RECORDERS MEMO: taiDJih / maW Typing ibIs document •►�• > •ed. Boas 055 PACE 356 1. (55 PACE:3577 September 16, 1980 JV JII • L PETITION CP-80-12C, OR. AHMET GURSOY, REQUESTING A COMPREHENSIVE PLAN AMENDMENT \ ' FROM RESIDENTIAL 0-6.22 UNITS PER ACRE TO COMMERCi^,L LAND USE ON PROPERTY LOCATED ON LOTS 2, 3, 4, 5, & 6, BLOCK 109, UNIT 3. MARCO BEACH SUBDIVISION - ADVERTISING AUTHORIZED FOR PUBLIC FEARING ON 11/4/80 • Commissioner Archer moved, seconded by Commissioner Pistor and carried unan- imously 5/0, that Petition CP-80-12C, filed by Dr. Ahmet Gursoy, requesting a Comprehensive Plan Amendment from Residential 0-6.22 units per acre to Commercial Land Use on property located on Lots 2, 3, 4, 5 & 6, Block 109, Unit 3, Marco Beach Subdivision, ue authorized cur• advertising tur public hearing on ii/4/80. PETITION CP-80-13C, JOSEPH GUIDISH, REQUESTING A COMPREHENSIVE PLAN AMENDMENT FROM RESIDENTIAL 0-6.22 UNITS PER ACRE TO COMMERCIAL LAND USE ON PROPERTY LOCATED EAST OF SR 951 AND ON THE SOUTH SIDE OF US 41 - ADVERTISING AUTHORIZED FOR PUBLIC HEARING ON 10/28/80 Commissioner Archer moved, seconded by Commissioner Pistor end carried unan- imously 5/0, that Petition CP-80-13C, as filed by Joseph Guidish, requesting a • Comprehensive Plan Amendment from Residential 0-6.22 units per acre to Commercial Land Use on property located East of SR 951 and on the south side of US 41 , be authorized for advertising for public hearing on 10/28/80. PETITION CP-80-14C, COUNTY PLANNING DEPARTMENT, REQUESTING AN AMENDMENT FROM MEDIUM DENSITY RESIDENTIAL TO MEDIUM HIGH DENSITY RESIDENTIAL LAND USE ON BLOCK "C" PALM RIVER ESTATES, UNIT 4 - ADVERTISING AUTHORIZED FOR PUBLIC HEARING 10/28/80 Commissioner Archer moved, seconded by Commissioner Pistor and carried unan- imously 5/0, that Petition CP-80-14C, filed by the County Planning Department, requesting an amendment from medium density residential to medium high density residential land use on Block "C", Palm River Estates, Unit 4, be authorized for public hearing on 10/28/80. PETITION V-80-13C, MI THI VU, REQUESTING A 21/2' VARIANCE FROM THE 71' REQUIRED SETBACK OF THE "E" ESTATES DISTRICT FOR SIDE YARD, AT 6165 S.W. 26th AVENUE - ADVERTISING AUTHORIZED FOR PUBLIC HEARING ON 10/7/80 Commissioner Archer moved, seconded by Commissioner Pistor and carried unan- imously 5/0, that Petition V-80-13C, filed by Mi Thi Vu, requesting a 21' variance • from the 71' required setback of the "E" Estates District for side yard at 6165 S.W. 26th Avenue, be authorized for advertising for public hearing on 10/7/80. 4. September 16, 1980 PUBLIC WORKS ADMINISTRATOR/COUNTY ENGINEER PAY GRADE RAISED TO 34 Upon hearing the recommendation for approval for certain changes in pay grades and position titles, as part of the semi-annual review of the Collier County Pay Schedule and Position Classification for Board of County Commission Employees from -• Assistant County Manager John Walker, Commissioner Wimer said that it is his feeling that the pay grade for Loe Public Works Auminrstrator/County Engineer should be raised to a; grade 34 rather than to the recommended grade 32, as stipulated in the Executive Summary. He said that he finds no fault with the rest of the recommend- '+ ations outlined within the Executive Summary and subsequently corrected by Mr. Walker. He said that he bases his statement on the fact that it appears that the } subject position is being penalized for having to report to the County Manager and not directly to the Board as the Utility Director does; therefore, he motioned that the position of Public Works Administrator/County Engineer be raised to Pay Grade 34. Commissioner Archer seconded the motion which carried unanimously 5/0. COUNTY ENGINEER/PUBLIC WORKS ADMINISTRATOR INCREASE IN SALARY APPROVED Pursuant to BCC action regarding the raising of the pay grade for the position of Public Works Administrator/County Engineer, Commissioner Wimer said that he feels the man who fills the subject position, Mr. Clifford Barksdale, is doing a fine job. He therefore motioned to raise Mr. Barksdale's salary to $37,542.75, effective June 28, 1980. Commissioner Archer seconded the motion which carried unanimously 5/0. CLASSIFICATIONS TITLES ADDED, CERTAIN PAY GRADES RECLASSIFIED; CERTAIN GRADES CHANGED AS PER STAFF RECOMMENDATION AND INCLUDING PREVIOUS AMENDMENT TO RECOM- MENDATION: RESOLUTION NO. 80-188 AMENDING OVERTIME ROSTER ADOPTED Following an explanation by Assistant County Manager John Walker, that the _ 11 following recommendations are part of the semiannual review of the County's Classification and Pay Schedule, and his explanation of two typographical errors in the Executive Summary, Commissioner Archer moved, seconded by Commissioner Wimer and 4Y carried unanimously, that the following new classes be added to the BCC Classifi- g • cation and Pay Schedule at the pay grades indicated; and the insertion of the following paragraph, be approved; that the following existing classes be reclassi- fied as indicated; and, that the following pay grades be changed as follows: September 16, 1980 • BOOR 055 PACE 359 . [ * . . 1. CLASS TITLES TO BE ADDED PAY GRADE EFFECTIVE DATE OF POSITIONS . A. Management Analyst 19 * '_ B. Deputy Road & Bridge • Superintendent 17 9/20/30 C. MVI Director 16 • 10/4/80 ` • D. Fire Captain 14 * E. Fire Lieutenant 12 * F. Chief Deputy Registrar 11 9/20/80 G. Planning Technician 11 * H. Energy Speri.alisf 9 n/20/8O ,' , • I. Deputy Registrar: L 9 9/20/80 , J. Scale Tender/Clerk 5 9/20/80 K. Motor Pool Attendant 2 9/20/80 , *Date of final approval of FY 80-81 Budget. • All positions in the above classes with incumbents whose present salary is below entry and having been employed prior to September 1, 1979, shall be moved to the first step above entry. 2. EXISTING CLASS TITLE CHANGES EFFECTIVE DATE OF FROM TO PAY GRADE POSITION : A. Deputy Registrar Deputy RegittrarT 7 9/20/80 3. PAY. GRADE CHANGES - • CLASS TITLE FROM TO • EFFECTIVE DATE A. Public Works Admin- I. . istrator/County En- gineer 30 34* 6/28/80* B Road & Bridge Supt. 18 19 9/20/80 . C. MVI Supervisor 14 12 10/4/80 D. Caretaker 2 3 9/20/80 • *Rec'ommendation amended by BCC action, earlier in meeting. . � • All positions in the above classes with incumbents whose . present salary is below entry and having been employed prior to • September 1, 1979, shall be moved to the first step above entry. Commissioner Archer moved, seconded by Commissioner Wimer and carried unanimously 5/0 that Resolution No. 80-188, amending the BCC's Overtime Roster • • . within the Personnel Practices and Policy be adopted. * 3 * I: II RECORDER'S MEMO: Legibility r. ; of writing. Typing or Pritttiag • m a*$.I.rtnr. in this dnenment September 16, 1980 RESOLUTION 80 - 188 A RESOLUTION AMENDING RESOLUTION 80-111 THE • BOARD OF COUNTY COMMISSIONERS' PERSONNEL PRACTICES AND POLICIES AMENDMENT BY ADOPTING AMENDMENTS TO THE OVERTIMIE CODE ROSTER t EC- TION 26-6). . • 1 WHEREAS, the Board of County Commissioners of Collier County has, in previous resolution dated April 20, 1976, provided that rules gov- erning employees in the service of the Board of County Commissioners sha" he ac'-^tcd br -^solutio::; and WHEREAS, on June 10, 1980 the Board of Count! Commissioners ap- proved Resolution 30-111, the amended Personnel Policies and Procedures, - , - containing an Overtime Code Roster (Section 24-6) and directing periodic classification review (Section 4-6); and • WHEREAS, the Board has approved the classification or reclassifica- tion of certain classes of work requiring coding or recoding of their overtime category; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners - . that Resolution 80-111 be amended by incorporating the following classes and their Overtime Codes into Section 24-6, Overtime Code Roster: • OVERTIME ri CLASS 1.,....-,,: Deputy Road & Bridge Superintendent D MVI Director D - Fire Captain D Fire Lieutenant D , Chief Deputy Registrar D Energy Specialist D Planning Technician A • Deputy Registrar II A Deputy Registrar I A Landfill Supervisor II A Landfill Supervisor I A Shop Foreman A Traffic Operations Supervisor A MVI Supervisor A thereby making necessary amendments and additions to that Section. . This Resolution adopted after motion, second, and roll call vote as a.e follows: AYES: Commissioners Archer, Wimer, Pistor, Brown and Wenzel NAYS: None • ABSENT AND NOT VOTING: None { Done and ordered this 16th day of September , 1980, while convened I in regular session. r - AT'T'F.S'1'M:1): BOARD OF COUNTY COMMISSIONERS •WILLthM, REAGAN, C.iRK COLLIER COUNTY, FLORIDA CL11 2U W 4t. ,11.'1 MAN I- 'l•'•. JW/na/46-BB �. . n 1, ro„ .. _ ± ITC.:,c S eptember 16, 1980 055 ritcE 61, RESOLUTION N0. 80-189 APPROVING THE NAME OF BROKEN BACK ROAD - ADOPTED Commissioner Archer moved, seconded by Commissioner Pistor and carried unan- imously 5/0, that Resolution No. 8G-189, re Petition submitted by Tony Irminger requesting the name of Broken Back Road for street loc- ted on the East/West quarter Section Line through Section 22, T48S, R26E, be adopted, as recommended by Planner Lee Layne. * s b• * '.i • * • O.R. 833 F :':.:,r,;ns September 16, 1980 :.0R11A RESOLUTION NO. 80 - 189 • ; 2 21 PH 'ED CONFIRMING THE STREET NAME OF BROKEN BACK ROAD • ON TILE EAST-WEST QUARTER SECTION LINE THROUGH SECTION 22, T48S, R26E • • WHEREAS, the Board of County Commissioners is authorized • • pursuant to authority in Chapter 336.05, Florida Statutes to name or rename streets and roads, except State Roads; and, WHEREAS, the Board of County Commissioners has been requested to confirm the name of the following road as • Broken Back Road: 30 feet each side of the East/West quarter section • line through Section 22, T48S, R26E WHEREAS, there appears to be no streets presently recorded with these names or similar names; and WHEREAS,' it is desirable for identification purposes' to • -onfirm the name :•treer • . .. BROKEN BACK ROAD NOW, THEREFORE BE IT RESOLVED by the Board of County Commissioners that said street name is hereby confirmed; BE IT FURTHER RESOLVED that this Resolution be recorded • in the public records of Collier County and noted upon the maps of the Street and Zoning Atlases of Collier County. • Commissioner Archer offered the foregoing Resolution • and moved its adoption, which was seconded by Commissioner Pistor and upon roll call the vote was: AYES: Commissioners Archer, Pistor, Witner, Brown and Wenzel NAYS: None ABSENT AND NOT VOTING: None DATE: September 16, 1960 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA - BY: /r ; ,•'WILLIAWYJ.0iEACAN, CLERK • l BC'LK 055 PACE 382 September 16, 19P0 ecox 055 PACE 363 Commissioner Brown left the meeting - Time: 2:30 P.M. * * * RESOLUTION NO. 80-190 APPROVING THE STREET NAMES OF BEAR'S PAW TRAIL, AND WILDWOOD LANE ADOPTED Planner Lee Layne said that the Shelter Corporation has requestea the names /- of Bear's Paw Trail and Wildwood Lane for two streets located in Bear's Paw Country Club Subdivision, Section 26, T49S, R25E. She said that there are no similar named streets in the County and it is the staff's recommendation to approve the street names. Commissioner Archer moved, seconded by Commissioner Wimer and carried 4/0, Commissioner Brown absent, that Resolution No. 80-190, approving the street names of Bear's Paw Trail and Wildwood Lane be adopted. * * * 1 * • q, * 4 ..1 Oil 883 [__J 439 n:... k;U:; --- 00; (,ont RESULUZ'ION 80 - 190 September 16, 1980 ` SEA 10 ? 21 Fi4'CO CONFIRMING THE STREET NAMES OF BEAR'S PAP] • TRAIL AND WILDWOOD LANE LOCATED IN BEAR'S . PAW COUNTRY CLUB SUBDIVISION p/M 4 • WHEREAS, the Board of County Commissioners is authorized pursuant to authority in Chapter 336.05, Florida Statutes to name or rename streets and roads, except State Roads; and, w. .' wt;Elt1;An. the Board '4' County Corr,; oners has ''-' re- quested to confirm the names of the following roads as Bear's Paw Trail and W.ildwood Lane: '.Bear's Paw Trail Street running west from the entry gate of Bear's Paw Subdivision. • Wildwood Lane r Street running southeast off of Bear's Paw Trail . WHEREAS, there appears to be no streets presently recorded with these names or similar names; and WHEREAS, it is desirable for ident I f i cation purposes to confirm the name of these streets as: DEAR'S PAW TRAIL f WILDWOOD LANE NOW, THEREFORE BE IT RESOLVED by the Board of County 1 Commissioners that said street names are hereby confirmed; i .. BE IT FURTHER RESOLVED that this Resolution be recorded in the Public Records of Collier County, Florida and noted upon the maps of the Street and Zoning Atlases of Collier County. • Commissioner Artier offered the foregoing Resolution • and moved i t.s adopt i.on, which was seconded by Commissioner a • • tdimnr and upon roll call the vote was: AYES: Commissioners: Archer, Wimer, Pintor and Wenzel NAYS: None ABSENT AND NOT VOJ'INC: Commission.'r Crown • DATE: Sej,trmhnr lG, I 0 BOARD OP COUNTY ('U'd':Is:SiOn}•:RS ,;; ,t COLLIER COUNTY, FLORIDA BY: e.6":17,e/Oie.6.._ WI I,L11`.:1 J; REAGAN, CLERK RECORDER'S MEMO: La:Aft , 055 AE 313 4 at wit h% Typing or Nat* • toodidastory 1a this d mom ',a ✓ whoa reialh ' - _ • r IO55 PACE c7l�J September 16, 1980 BEA * * * Commissioner Brown reentered room TIME: 2:35 P.M. * * * PROPOSED REORGANIZATION OF COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM UNDER THE COMMUNITY DEVELOPMENT DIVISION - CONTINUED FOR ONE WEEK After a brief description of the Community Development Block Grant Program and the proposed reorganization under the Division of Community Development, rather than under the Planning Department, including reasons, such as a need for . , more flexibility for the head of the Program, among others, Commissioner Archer moved, seconded by Commissioner Pistor, to approve the reorganization as recommended by Community Development Administrator Terry Virta. There was a brief discussion during which Commissioner Wiener stated that he preferred to defer action to see if the subject Program was going to be continued and receive additional financial support before making it into another department. He said that he would have to vote against it at this time, as his past experience has been that any new department requires additional personnel , and the like, sooner or later. uounty Manager Norman said that he seas no need for additiona, ,,.:lunnel , and the subject program would simply be supervised by Mr. Virta instead of Mr. Crew if the Board approves the reorganization. He asked the Board to table the matter for one week in order to give him the opportunity to talk to the members of the Board, and upon his request, the maker and the seconder respectively, withdrew the motion and second from the floor. Chairman Wenzel directed that the matter be deferred for one week. RECOMMENDATION TO ACCEPT PROPERTY DEED FROM CARDAMAR, INC. , RE ROAD CONSTRUCTION PURCHASE - WITHDRAWN PERMANENTLY Upon an explanation by County Engineer Barksdale that the recommendation to continue this item until this week by Mr. Pickworth, the County Attorney, has re- suited in a recommendation to accept the property deed from Cardamar, Inc. , today, He said that he is now requesting that it be withdrawn from the agenda permanently as further documentation is necessary. Commissioner Archer moved, seconded by Commissioner Pistor and carried unan- imously, that consideration regarding the acceptance of a property deed from Cardamar, Inc. , with regard to a road construction purchase, be withdrawn per- manently, as recommended by Mr. Barksdale. 1 September 16, 1980 ENGINEERING SERVICE AGREEMENT WITH POST, BUCKLEY, SCHUH & JERNIGAN, INC. , RE GOLDEN GATE PARKWAY EXTENSION - APPROVED FOR CHAIRMAN'S SIGNATURE Public Works Administrator Barksdale explained that he is recommending the approval of the Consulting Engineering Service Agreement with Post, Buckley, Schuh, & Jernigan, Inc. , regarding the Golden Gate Parkway Extension design, pursuant to BCC Action of June 10, 1980, when the named firm was selected as the first preserence for perrorming the project oesign work. He said that the County Engineer was authorized to proceed with negotiations with the subject firm and, following DOT standards and criteria, the firm has agreed to perform the service for a lump sum of $49,960. The figure represents 6.2% of the estimated construction cost of $800,000, said Mr. Barksdale, adding there is an option, after completion of the design work, to either utilize the firm's services during the construction phase or not to utilize them. He said if the County chooses not to utilize the firm, then, the cost can be reduced to $46,000, which would be 5. 3% of the estimated construction cost. Mr. Barksdale saiu u at the cch1.., ,.,..it's fees ha vu u,:c„ . uy and found acceptable by the Florida Department of Transportation with respect to their calculations for allowable man-hours, hourly rates, and other factors. He said that funding for the proposed agreement has been allocated from the 1978 State Bond Proceeds, and on June 3, 1980 the BCC accepted the deed for 88 feet of the 100 foot right-of-way required for the road extension and the remaining footage is expected to be acquired prior to the design being completed, indicated within the proposed agreement to be 10 months. After a brief discussion, Commissioner Pistor moved, seconded by Commissioner Wimer and carried 4/0, with Commissioner Archer out of the room, that the Consult- ing Engineering Service's Agreement with Post, Buckley, Schuh A Jernigan, Inc. , be approved for the Chairman's signature, as recommended. • • Duriny the above-referenced discussion, Commissioner Archer left the room - 1ime; '. :s'.; P.M. • • • September 16, 1980 f: BOCK 055 PACE I . CONSULTING ENGINEERING SERVICES AGREEMENT k THIS AGIWUIFNT, made and entered into this/r• day of,.:4.7:1, /.. w, 1980, by and between the Board of County Commissioners, Collier County, P." - . Florida, a political subdivision of the State of Florida, hereinafter called the County, and 4 POST, OUCKI.EY, SCHUi & Jiwor1 i UC. { _ f ' { of 6326 Presidential Court Fort flyers, Florida 33907 1.:; duly authorized to conduct business in the State of Florida, hereinafter gilled A' the Consultant. 4 WITNESSETU 1.00 The County does hereby retain the Consultant to furnish certain i . engineering services in connection with the proposed construction of County Project No. 20054 x Golden Gate Parkway Extension ,, a total distance of approximately 0.5 i miles, estimated cost of construction being $ 800,000 . 4 2.00 The Consultant and the County mutually agree to furnish, each to the , y other, the respective services, information and items as described in Exhibit A. • Before any additions or deletions to the work described in Exhibit "A", • and before undertaking any changes or revisions to such work, the parties shall enter A into a written Supplemental Agreement covering such modifications and the compensation to be paid therefor. it Reference herein to this Agreement shall be considered to include any supplement thereto. is L._ I 1 ___► 4.__..9 . September 16, 1980 3.00 The services to be rendered by the Consultant shall be canmenced, subsequent to the execution of this Agreement, upon written notice fran the County's County Engineer and shall be completed in accordance with the Project .. i } Schc''�le se' `girth ':: Exhi� " n. k r 4.00 The Consultant agrees to provide monthly Project Schedule progress reports using forms and procedures established by the County Engineer. The County gill be entitled at all times to be advised, at its request, as to the °� status of work being done by the Consultant and of the details thereof. The closest collaboration and cooperation shall be maintained by the Consultant j with representatives of the County, or of other agencies interested in the project on behalf of the County. Either party to the Agreement may request and be , gr: ted a conference. 'k1 ' 5.00 In the event there are delays for reasons beyond the Consultant's "'# control or delays on the part of the County as to the approval of any of the . plans and drafts of special provisions submitted by the Consultant which delay It the Project Schedule canplet.ion date, the County will grant to the Consultant, under terms of supplemental agreement, extension of the contract time, equal to the aforanentioned delays. 6.00 The Consultant shall maintain an can adequate and event staff of t q p professional engineers registered and located within the State of Florida and may associate with It for thu purpose of its services hereunder, without cost to the County and upon approval by the County Engineer, such specialists it { as the Consultant may consider necessary. The Consultant, however, shall not 31 y/ :7 _p_ 1 September 16, 1980 s .055 PACE 369 sublet, assign or transfer any work under this Agreement without the written consent of the County Engineer. It is understood and agreed that the County will not, except for such services so designated in Exhibit A, permit or *he C ul tan' *n perfo►n► les: the total cc-t---f work with other than its own organization. 7.00 All final plans and documents prepared by the Consultant will bear the endorsement of a person in the full employ of the Consultant and duly registered in the appropriate professional category. 8.00 All tracings, plans, specifications, maps, survey field books and data, other than working papers, prepared or obtained under this Agreement shall ,zcomu the. property :,,a.►t.y an ' "'ill be made ,. .. . . ' ' • _quest, to the County at any time. The County shall make no changes, revisions, additions or deletions there to and shall not reuse said documents for any project other than the project described herein unless the Consultant's nameplate is removed therefrom and the Consultant is released and held harmless of all subsequent liabilities. The County will have the right to visit the site for inspection of the work and the drawings of the Consultant at any time. Unless changed by written agreement of the parties said site shall be _Presidential Court Fort Viers. Florida Records of costs incurred under terms of this Agreement shall be maintained and made available upon request to the County at all times during the period of this Agreement and for three years after final payment is made. Copies of these documents and records shall he furnished to the County i upon request. 9.00 The Consultant shall comply with all federal , state and local laws and ordinances 'applicable to the work or payment for work thereof, and shall not p p Ym i September 16, 1980 • • • • . discriminate on the grounds of race, color, religion, sex, or national origin in the performance of work under this contract. • 10.00 The County agrees to pay the Consultant for the above .described services a lump sum fee of $ 49,960.00 , said compensation to be made in the following manner: • 10.10 .Progress payments sh;,11 be due and payable monthly in proportion . to the percentage of engineering work approved and accepted by the County Engineer based on said lump sum fee. An amount equal to 10 per- cent of the fee earned will be retained until 50 percent of the total value of the work is completed and appreied, at which time the retainage will be decren.....� Lu J pert:.... Final payme.i. . ,.. ,nrvicEs, including all retainages withheld from monthly payments for u1:SIC1 SER- VICES, will be clue on completion and acceptance of all construction ' contract bidding documents (final plans and other contract documents including special provisions). All such progress payments shall be subject to the following: P6g10. 11 In calculating the percentage complete on contracts, any portion of ,� fee assigned to ASSISTANCE DURING ADVERTISEMENT FOR BIDS and SERVICES PORING ' CONSTMCTION,willaezam411,444par of the fee wi 1 be retain( 1 untl any or all of these services are authorized in writing by the County r'.aginecr pe+-t4 -rf--fee-a f7ned--to--services-duri•n9-tes t-rt:et fo+t-ttf-1�-- It is the County Engineer's sole option to authorize or not authori:e any or •-be-v(04 141e4r---Thi-s-pori-loo-o f--the—fee-wi.1-1~--be--rreta•#++ed-unb4l- of these service+ and the Consultant shall not incur any expense payable by t County relating to these services until and unless specifically authorized in writing by the County Engineer. 10.20 Final parnent of unpaid fees and retainages shall 'be due and payable upon satisfactory completion of the services described in this Agreement, and completion and acceptance of the construction. I In the event that start of construction is delayed for more than . A J eptember 16, 1980 . • BOA 055 PACE 371 eighteen months frun the date of this Agreement then the portion of the fee assigned to services during construction shall be adjusted - in accordance with paragraph 12.00. 10.30 For work to he performed under resident project services of this agreement, as shown on Exhibit "A" a supplemental agreement must be executed setting forth the provisions by which the Consultant will receive compensation. 11.00 In the event the County causes abando, ent, cancellation or suspen- sion of the services to he perforned by the Consultant under the teens of this Agreement, or parts thereof, the Consultant shall be compensated for its services rendered up to the time of such abandonment, cancellation or suspension on a quantum meruit basis. 12.00 All services shall be performed by the Consultant to the satis- faction of the County's County Engineer and he shall decide all questions, diffi- culties and disputes of any nature whatsoever that may arise under or by reason of this Agreement, the prosecution and fulfillment of the services hereunder and the character, quality, amount and value thereof; and his decision upon all claims, questions tnd disputes shall be final and binding upon the parties hereto. Adjust- ! ment of compensation and contract time because of any major changes in the work that may become necessary or desirable as the work progresses shall be left to the absolute discretion of the County's County Engineer and supplemental agreement of such a nature as required m&y be entered into by the parties in accordance herewith, 13.00 The Consultant shall not comence work on this Agreement until he has obtained all insurance required under this paragraph and such insurance has been approved by the County. IP r eptember 16, 1980 13.10 The Consultant agrees to protect, defend, idemnify and hold the County and its officers, employees and agents free and harmless 1 and - 1 from and against arty"all losses, penalties, damanpc settlements, costs, charges, professional fees or other expenses or liabilities of every kind and character arising out of or relating to any and all /, �,��'J claims, liens, demands, obligations, fictions, proceedings or causes 'p t' g' or arising out of - of action of every kind and character in connection �•rith a an error or orntanipn, or n.gligpnt pct oC },c �`' "n� to n, a eno oar ac+�lo,eera ire 1 _r ,r cons;�1 tnnt, i is s hconlr:,c + e+'--t+ra► 1446- ;--� +t i',rsn 3'1�-(. 114a81 lu a 41U- ter, Agreement, or clue to the breach of thin Agreement by the Consultant. 4'01$ -o"s—on his-Agr-eewe#, Without limiting the generality of the foregoing, any and all such claims, etc. , relating to personal injury, death, damage to property, defects in materials or workman- ship, actual or nl1ed infringement of am- ^-•-nr +,•. . copyright (or application for any thereof) or of any other tangible or intangible perconal or property right, or Any Actual or alleged violation of any applicable statute, ordinance, administrative order, rule or regulation, or decree of any court, shall be included in the indemnity hereunder. The Consultant further agrees to investigate, handle, respond to, provide defense for and defend any such claims, etc. , at his sole expense and agrees to boar all other costs and expenses related thereto, even if it (claims, etc. ,) is groundless, 1 false or fradulent, 13.70 The Consultant shall maintain during the teen of this Agreement the following insurance; (A) Comprehensive Automobile Liability Insurance covering all oti ,ed, �� re Imoantn not lean than $300,c 1 per n non-owned and hired vehicles in rr,r+unrt._of—$ 0 )i 1 ' occurrence for bodily injury and $300,000 per occurrence �propett --1-h+rft-fir•oeercrrrner-for-ht1cii-ly.-in~jusy-a 4 prni∎oPty-.da44a property ctamagn, , 0 September 16, 1980 . b55 NUM (G) Professional Liability Insurance in the amount of $500,000 with deductible per claim, if any, not to exceed 10% of the limit of liability providing for all sums which the Consultant shall become ';a1ly ro,ligated to pay At dariges for rl:.irie arising out of the services performed by the Consultant or any person enployed by nn 1� him in connection with this Agreenent. (C) General Liability (including Contractual Liability) Insurance amounts not 1onn than $300,000 per occurrence for bodily injury in the--aF 44—o€41-1440,. a e4--1--i► -it--p1;-,,-osc. 41444-4e-r and $300,000 per occurrence for property damage. bed-4.1- --4-o- (0) Workmen's Compensation Insurance in coiipllance with Chapter 440, Florida' Statutes, as presently written or hereafter amended. 13.30 All insurance policies shall be issued in companies authorized to do hu.: iness under the laws of the State of Florida. The Consultant shall furnish certificates of insurance to the County prior to the commencement of operations, which certificates shall clearly indicate that the Consultant has obtained insurance in the type, amount, and 13.00 classification as required for strict canpliance with Paragraph +3:110 and that no material change or cancellation of this insurance shall be effective without thirty (30) days prior written notice to the 1 County. • 13.40 Compliance with the foregoing requirements shall not relieve the Consultant of his liability and obligations under this paragraph or under any other portion of this Agreement. -7- September 16, 1980 14.00 The Consultant warrants that he has not employed or retained any company or person, other than a Kona fide employee working solely for the Consultant, to solicit or tenure this Agreement, end thlt he has not nAir+ or agreed to pay any wi person, ccmrparly, corporation, individual or firm, other than a bona fide employee working solely for the Consultant any fee, c , .ission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement. 14.10 For the breach or violation of paragraph 14.00 the County shall have the right to terminate this Agreement without liability, and, at its discretion, to deduct from the contract price, or othe--' - - ." .vcr, P" full amount or ^1 fan rte. ."er,ion, per- tentage, g i f t or consideration. 15.00 The Consultant agrees that it shall make no statements, press re- leases or publicity releases concerning this Agreement or its subject matter or othervi se disclose or permit to be disclose,i any of the data or other information obtained or furnished in cnipliance with this Agreement , or any particulars thereof, during the period of the Agreement, without first notifying the County and securing its consent in writing. The Consultant also agrees that it shall not publish, copyright or patent any of the data furn1sht:d in coapllance with this Agreement, it being understood that ui •r Paragraph 0.00 hereof such data or information is the property of the County. 16.00 All words used herein in the singular fonn shall extend to and in- elude the plural. All wort ; used in the plural form shall extend to and include the singular. All words used in any gendor shall extend to and include all genders, September 15, 1980 to* 055 PACE 3 17.00 It is mutually agreed and understood that the following provision shall he applicable to this contract if the coupensation to be paid to the Con- sullttnt, whether by lump sum or cost-plus-a-fixed•-fee shall exceed S50,0n0 as ind''. tiled i- „araf .. .ph 10. ''^ hereof: The Consultant hereby certifies, covenants and warrants that wage rates and other factual unit costs as shown in attached Exhibit R supporting the compensation provided in paragraph 10.00 are accurate, corplete and current as of the date of this Agreement. it is further agreed that said contract price provided in paragraph 10.00 hereof shall be adjusted to exclude any significant sums where the County shall determine the con- tract price was increased due to inaccurate, incomplete or non-current wage rates and other factual unit costs. All such contract adjustments shall be 'lade with ;.. ...... J,.,tr fol '. the end of .:... �.. . ,rt the purpose of this contract, the end of the contract shall be th'eied to be the date of final billing or acceptance of the work by the County, whichever is later. 18.00 Standards of Conduct - Conflict of Interest - Consultant covenants and agrees that it and its employees shall be hound by the standards of conduct . provided in Florida Statutes 112.313 as it relates to work pertained under this `I contract, which standards will by reference be wade a part of this contract as though set forth in full. Consultant agrees to incorporate the provisions of this paragraph in any subcontract into which it night enter with reference to 1 the work performed. le a 19.00 The County reservers the right to cancel and terminate this Agreement in the event the Consultant or any employee, servant, or agent of the Consultant ?it is indicted or has a direct information issued against him for any crime arising r September 16, 1980 1. i out of or in conjunction with any work being performed by the Consultant for or I . on behalf of the County, without penalty. It is understood and agreed that in `� the event of such termination all tracing, plans, specifications, maps, and data prepared or obtained under this Agreement, other than the Consultant's working papers, shall immediately be turned over to the County in conformity with the '1 provisions of par. ,iraph 8.00 hereof. The Consultant shall be compensated for i its services rendered up to the time of any such termination in accordance with paragraph 11.00 hereof. The County also reserves the right to terminate and ` cancel this Agreement in the event the Consultant shall be placed in either volun- tary or involuntary bankruptcy or an assignment be made for the benefit of credi- tors. The County furtber reserves the right to suspend the qualifications of the Consultant to do business with the County upon any such indictment or direct information. In the event that any such person against wham any such indictment or direct information is brought shall have such indictment or direct infort'ation dismissed or he found not guilty, such suspension on account thereof ratty be lifted by the County Engineer. 20.00 This Agreement shall be governed by and construed under the laws of the State of Florida. In the event any litigation is instituted by way of construction or enforcnnent of this Agreement, the party prevailing in said liti- gation shall be entitled to collect and receive from the opposing party all court costs and other expenses including reasonable attorney's fees. September 16, 1980 i. L BAJi' 055 PACE 377 IN WITNESS WHEREOF, the parties hereto have caused this Consulting Fnginnr.►•ing Services I1groment to be executed by their appropriate officials, as of the do to first ahoy ►n•i tten. 'I : i As to the Board of Collier County Canmissioners: 1 i ROAM OF COUNTY CO►i'IISSIONERS / y Mf.St: COLLIER COUNTY, FLORIDA ds - ,i! Inn► i an, Clif Menzel , Cha nan 4 ,,e, ,' 1\\\\. I i 4, 1 September 16, 1980 PARK'S MAINTENANCE CETA CLERK I CHANGED TO CETA BOOKKEEPER I Commissioner Wimer moved, seconded by Commissioner Brown and carried 4/0, with Commissioner Archer not present, that the Park's Maintenance CETA Clerk I Position be changed to that of CETA Bookkeper I, as recommended by staff in the Executive Summary dated 9/16/80. ' ROUTINE BILLS - APPROVED FOR PAYMENT Commissioner Pistor moved, seconded by Commissioner Wimer and carried 4/0, with Commissioner Archer absent, that the bills, having been processed following established procedures with funds available, be approved for payment as witnessed by the following checks issued from September 10, 1980 through September 16, 1980. ACCOUNT CHECK NO. BCC Payroll 15623 - 16086 County Checks 11960 - 11261 BUDGET AMENDMENT NO. 80-175 FOR OFFICE RELOCATION RE YOUTH GUIDANCE-ADOPTED IN THE AMOUNT OF $905. Commissioner Pistor moved, seconded by Commissioner Wiener and carried 4/0, with Commissioner Archer absent, that Budget Amendment No. 80-175 for Youth Guidance office relocation be adopted in the amount of $905. • September 16, 1980 BG.:t 055 PAST u 9 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BUDGET Ah NDMENT !__.Y` Requires Board Approval a Does Not r.e A Require Board 9 Approval (transfer within object code range) i FUND GENERAL DEPT.. __ YOUTH GUIDANCE -- ____ DESCRIPTION: • Transfer of funds from Contingencies to provide for necessary items needed to move into new office location . - i PREVIOUSLY APPROVED BY TUE BOARD OF COUNTY COMMISSIONERS 9/2/80. • TO (Increase) : Improve, to Buildings 001-523-3-14-32-010-621 $ 905 FROM (Source of Funds) : Contingencies 001-519-1-00-05-010-990 $ 905 Gnu A O,i %...Iv,.. ( r. _ i�i::c;t1 Officer Board of Cou 41y Comm. BUDGET AMEND, 1' rj APpt' Approval : DAMS M inz.L. Dnt _.. 1I.± Date: 9/16/80 No. 80-17S DISTNtl:t19'IoNt ! fa4rd !wards (Original) l . Accounting Department a'ihcal Officer Purchasing (Equipment Only) rtment (u Ik> ) Affected � Audgr+t Analyst ReV.12/1,/inttt.tt ----• September 16, 1980 \ BUDGET AMENDMENT NO. 80-176 REFLECTING ACTUAL FUNDS COMMITTED IN THE CETA BUDGET - ADOPTED IN THE AMOUNT OF $344,116 Commissioner Pastor moved, seconded by Commissioner Wimer and carried 4/0, with Commissioner Archer absent, that Budget Amendment No. 80-176, reflecting III actual funds committed in the CFA budget, be adopted in the amount of $344,116. BOARD OF COUNTY COMMISSIONERS s COLLIER COUNTY, FLORIDA M BUDGET AMENDMENT / ^.X Requires Board APproval . /7 Does Not Require Board Approval (transfer within object code range) FUND C.E.T.A__ (Fund 170) . . . . DEPT.' . .C.E.T.A. • DESCRIPTION: I i Reduce expenditures and revenues to more accurately reflect ----- actual dollars committed by the funding agency. I PREVIOUSLY APPROVED BY THE BOARD OF COUNTY COMMISSIONERS 8/12/80. l TAKE FROM REVENUE: • Comp. Emp./Trng. Act 170-1-14-69-010-331. 520 $ 344, 116 TAKE FROM EXPENDITURES: C.E.T.A. - Services & Training - Participants . I Other Contractual Services 170-551-1-14-69-020-349 $ 131, 083 C.E.T.A. - CETA Wages & Fringes Other Contractual Services 170-551-1-14-69-030-349 • 203, 033 Total $ 344, 116 C C Ity I• c ./D v Dir.---`-Fiscal Officer Board of County Comm. BUDGET AMEN;.) �'�� � Ap, r. v 1: Approval : ■ Date: . 1/ n' C. - Date: 9/16/80 8 - ___g � f ll � No. 0 176 __ 6M DISTItIisUT]ON: Board Records (Original) L 7 Accounting Department • Fiscal Officer T-7 Purchasing (Equipment Only) • — Department(s) Affected Budget Analyst: --------y Rcv.12/li/7911LI1 it September 16, 1980 ac�a 055 PACE c`I BUDGET AMENDMENT NO. 80-177 REFLECTING ACCURATE CETA EXPENDITURES AND REVENUE FIGURES - ADOPTED IN THE AMOUNT OF $1 ,891 ,266 REVENUE;_ $131 :722 EXPENDITURES Commissioner Pistor moved, seconded by Commissioner Wimer and carried 4/0, with Commissioner Archer absent, that Budget Amendment No. 80-177 reflecting accurate expenditures and revenue figures in the CETA budget, be adopted in the amount of $131 ,772 for Expenditures and in the amount of $1 ,891 ,266 for Revenues. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BUIDGET. AMENDME .N. T Requires Board Approval 17 Does Not Require Board Approval (transfer within object code range) FUND E.T•A. (end 12.01 DEPT. .C:E:T.A. . DL'SCI2IPTION: • Transfer of funds to more accurately reflect current expenditures, resulting from decreased revenue. PREVIOUSLY APPROVED BY THE BOARD OF COUNTY COMMISSIONERS 8/12/80. SEE ATTACHED C t Mq )iv. T .r. fiscal Officer Board of County Comm. BUDGET AMEND Apor( al Aooroval: Date: " q �G� 4.0 Da //� t Date: 9/16/80 ` No.80-177 ° DISTRIBUTION: -F --- 17 Board Records (Original) Accounting Department E.] Fiscal Officer Purchasing (Equipment Only) Department(.) Affected / Budget Analyst Rcv.12/17/7911I,U September 16, 1980 . TO (Increase) : REVENUE (69-010) CETA - Title 2B 170-1-14-69-010-331.521 $ 433, 647 CETA - Title 2D 170-1-14-69-010-331. 522 634, 073 CE`i:i; - Ticie 4 _11.1L . 1-14-69-010 :.,. .L.523 62 CETA - Title 4 SYEP 170-1-14-69-010-331. 524 94, 260 CETA - Admin 170-1-14-69-010-331. 525 146, 293 CETA - Title 6 170-1-14-69-010-331. 526 317, 673 CETA - Title 6 Projects 170-1-14-69-010-331.527 202, 434 Total Revenue (69-010) $ .1, 891, 266 FROM (Source of Funds) : REVENUE (69-010) Comp. Emp./Trng. Act. 170-1-14-69-010-331. 520 $ 1, 891, 266 l TO (Increase) : EXPENDITURES (69-010) Physicians Fees 170-551-1-14-69-010-312 $ 60 Custodial or Janitorial Serv. 170-551-1-14-69-010-341 60 Pvt. Vehicle Reimbursement 170-551-1-14-69-010-401 1, 758 Communications 170-551-1-14-69-010-410 300 Postage, Freight & UPS 170-551-1-14-69-010-420 400 Utility Services 170-551-1-14-69-010-430 1, 500 Rentals & Leases-Non Equip. 170-551-1-14-69-010-440 5, 429 Rentals & Leases - Equip. 170-551-1-14-69-010-441 4, 300 R&M Equip-Contracted 170-551-1-14-69-010-463 300 Printing & Reproduction 170-551-1-14-69-010-470 50 Xerox Charges 170-551-1-14-69-010-471 700 Word Processing Charges 170-551-1-14-69-010-472 200 Data Processing - Operating 170-551-1-14-69-010-473 1, 500 Data Processing - Development 170-551-1-14-69-010-474 2, 300 Advertising 170-551-1-14-69-010-495 1, 500 Employee Grants & Aids 170-551-1-14-69-010-496 100 Other Misc . Expenses 170-551-1-14-69-010-499 251 Office Supplies 170-551-1-14-69-010-510 1,869 Publ., Subs., Memb. , Dues 170-551-1-14-69-010-511 1, 400 Office Equip. & Furniture 170-551-1-14-69-010-642 770 Refunds Prior Yr. Rev. 170-551-1-14-69-010-902 100 Total Expenditures (69-010) $ 24, 847 C C e� September 16, 1980 B09�( 055 PACE 233 TO (Increase) Cont 'd EXPENDITURES (69-020) Regular Salaries 170-551-1-14-69-020-120 $ 55, 022 Social Security Match 170-551-1-14-69-020-210 3, 373 1 ;-, t.ircr,._:.a C;..1;:ribu ion 170 ;= 1-14-69-O1U-L4G 5, 606 Life :. �Ilealth Ins. 170-551-1-14-69-020-230 4, 039 Worker'H Comp. 170-551-1-14-69-020-240 308 Physicians Fees 170-551-1-14-69-020-312 280 Pvt. Vehicle Reimbursement 170-551-1-14-69-020-401 11, 854 Out of County Travel 170-551-1-14-69•-020-402 1, 00(" r Rentals & Leases - Non-Equip. 170-551-1-14-69-020-440 1, 495 t Insurance 170-551-1-14-69-020-450 710 $' Other Misc . Expense 170-551-1-14-69-020-499 21, 538 Fuel & Lubricants 170-551-1-14-69-020-521 1, 500 Clothing & Uniforms 170-551-1-14-69-020-523 600 f Refund Prior Year Rev. 170-551-1-14-69-020-902 ' 100 Total Expenditures (69-020) $ 106, 825 EXPENDITURES (69-030) Refund Prior Year. Rev. 170-551-1-14-69-030-902 $ 100 Total Expenditures (69-030) $ 100 • TOTAL INCREASE - EXPENDITURES $ 131, 772 FROM (Source of Funds) : . EXPENDITURES (69-010) Regular Salaries 170-551-1-14-69-010-120 Social Security Match $ 21, 48 05 Retirement Contributions 170-551-1-14-69-010-220 1,405 Life & Health Insurance 170-551-1-14-69-010-230 3, 052 Workers Compensation 3, 052 P- 170-551-1-14-G9-010-240 75 Other Cont. Services 170-551-1-14-69-010-349 26, 104 Out of County Travel 170-551-1-14-69-010-402 1, 557 Total Expenditures (69-010) $ 63, 451 EXPENDITURES (69-030) Other Cont. Services 170-551-1-14-69-030-349 $ 68, 321 TOTAL SOURCE OF FUNDS - EXPENDITURES $ 131, 772 f ' i September 16, 1980 , h BUDGET AMENDMENT NO. 80-178, TRANSFERRING FUNDS FOR PURCHASE OF SURVEY EQUIPMENT FOR ENGINEERING DEPARTMENT - ADOPTED IN THE AMOUNT OF $5,550 Commissioner Wimer moved, seconded by Commissioner Brown and carried 4/0, with Commissioner Archer absent, that Budget Amendment No. 80-178, transferring funds for the purchase of survey equipment for the Engineering Department, be adopted in the amount of $5,500. ,3� BOAl2U OF COUNTY COMMISSIONERS k COLLIER COUNTY, FLORIDA BUDGET Ar9ENDNENT Requires Board Approval • Q Dods Not Require Board Approval (transfer within object code range) FUND GENERAL . DEP.T. .ENGINEERING DESeT,'[PTIoN: A` Transfer of funds to purchase surveying equipment in order to provide higher standards of surveying information through greater accuracy and productivity. TO (Increase) : i .< Other Machinery & Equipment 001-541-1-12-67-010-643 $ 5, 500 FROM (Source of. Funds) : Printing & Reproduction 001-541-1-12-67-010-470 $ 5, 500 . Cory,/ )iv D.i. - 1'.i seal 0 •five - ^ d of County Comm.BUDGET' ADSIiNI?.i Ap l�� nl,pro 1 fllpoyanr.ov�il D ate` L // - 1)Ftt atec /80-- 9/16 NcBU-178 DI.S'1'ltl.!tlrr]Of:: '17 1k,azd Records ( riginal) Accounting Department _ ' Officer -- purchasing (h:c;ui;anent Only) — Dcp trlinrnt (e) Affect ea /'j Budget: Ana]yst — Rev.12/17%79HLH •---_.� September 16, 1980 • • b��< 055 PASE 385 BUDGET AMENDMENT NO. 80-179 TRANSFERRING FUNDS TO PROVIDE FOR PURCHASE OF AIR CONDITIONER SYSTEM FOR IMMOKALEE HEATH CENTER - ADOPTED IN THE AMOUNT OF $980. • . • Commissioner Wimer moved, seconded by Commissioner Brown and carried 4/0, i' with Commissioner Archer absent, that Budget Amendment No. 80-179, transferring • funds to provide for the purchase of air conditioner system for the Iirnnokdlee Health Center be adopted in the amount of $980. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BUDGET AMENDMENT f Requires Board Approval /7 Doers Not Require Board Approval (transfer within object code range) _• FUND GENERAL OTHER GENERAL ADMIN DEPT.. __� ----- DESCRIPTION: . Transfer of additional funds (See Budget Amendment 80-124) to provide funds for purchase and installation of air conditioner system . • *o replace the exit+,r., „-'.t at Tmmokalee Ilea 1I-h Center. • TO (Increase) : Buildings 001-519-1-00-05-010-620 $ 980 . i FROM (Source of Funds) : Contingencies 001-519-1-00-05-010-990 $ 980 1 • County Mgr/Div. Dir, Fiscal Of .ice Board of County Comm. BUDGET AMEND.' V Approval: A Approval : • Date: Dat . Date: I 9/16/80 No• 80-179 1 DISTRIBUTION: 17 no Records (Original) Accounting Department Fiscal Officer ` � Purchasing (Equipment Only) Department(s) Affected /7 Budget Analyst —' Rev.].7/17/79IiLl1 4 1 • September 16, 1980 BUDGET AMENDMENT NO. 80-180 TRANSFERRING FUNDS FOR PURCHASE OF GENERATORS FOR CIVIL DEFENSE - ADOPTED IN THE AMOUNT OF $940. 4- Commissioner Wimer moved, seconded by Commissioner"" Brown and carried 4/0, with Comissioner Archer absent, that Budget Amendment No. 80-180, transferring funds for the purchase of generators for the Civil Defense Department, be adopted in the amount of $940. BOARD OF COUNTY COMMISSIONERS 7. COLLIER.COUNTY, FLORIDA BUDGET AMENDMENT Z_:/ Requires' Board Approval • Q Doe's Not Require Board 'Approval (transfer within bbject code range) FUND GENERAL DEPT.: 'CIVIL :PEENS DESCRIPTION: . ,,. Alik Transfer of funds to Other Machinery & Equipment to purchase two Federal surplus properly generators. �� r r l c TO (Increase) : i Other Machinery & Equipment 001-525-1-13-38-010-643 $ 940 I I FROM (Source of Funds) : Contingencies 001-519-1-00-05-010-990 $ 940 C tnty Mot Di Dir.� Fiscal .fie Board-Of County Comm. BUDGET AMEND r:re(1/1 f, - Appro ,l. Approval: � Date: e/_� Date .� Date: . 9/16/SO No. 90-180 i. DISTItI11U'1'IC)N: Board Records (Original) Accounting Deportment P7 Fiscal Off.iner Purchasing (Equipment Only) +: Department(s) Affected Itudgc.t Analyst — Rc:v.l2/17/7919i., -----' • OJJ PACE�7C�/ September 16, 1980 BUDGET AMENDMENT NO. 80-181 TRANSFERRING FUNDS FOR COST OF MEDICAL EXPENSES FOR PRISj RS (SHERIFF'S BUDGET) - ADOPTED IN THE AMOUNT OF $4,098 Commissioner Wimer moved, seconded by Commissioner Brown and carried 4/0, with Commissioner Archer absent, that Budget Amendment No. 80-181 , transferring . , y funds from contingencies for the cost of medical expenses for prisoners to the Sheriff's Department budget, be adopted in the amount of $4,098. BOARD OF COUNTY COMMISSIONIRS COLLIER COUNTY, FLORIDA BUDGET AMENDMENT .n L7 Requires Board Approval /7 Does Not Require Board Approval (transfer within object: code range) . FUND GENERAL I , — DEPT SHERIFF'S S DEPARTMENT i DESCRIPTION: • I . • 1 Transfer of funds from Contingencies to provide for cost of medical expenses of prisoners in custody. I I TO (Increase) : ! Physicians Fees , ' ( y 001-521-4-00-27-020-312 $ 2, 745 Medicines and Drugs 001-521-4-00-27-020-527 395 Dental Fees 001-521-4-00-27-020-313 • 95 • Hospitalization 001-521-4-00-27-020-346 863 Total $ 4, 098 _..__.__ ._ FROM (Source of Funds) : i enci Continges 001-519-1-00-05-010-990 $ 4, 098 County Mgr/1).i.v. )i.r. Fiscal Officer Board of County Comm. BUDGET AMENDJ Approvzl: / Approve Approval: ;;�� hate: i:`•:''' �l u'"� v Date- Date: 9/16/80 No.80-181 - - — — — — 1, DISTRIBU'T'ION: /7 Board Records (Original) Accounting Department ,. g Fiscal Officer Purchasing (Equipment Only) Department(s) Affected 17 Budget Analyst ~' hev.12/17/7911L11 . September 16, 1980 s STATUS REPORT ON FY 1980-81 BUDGET SCHEDULE PRESENTED BY FISCAL OFFICER: BUDGET HEARING SCHEDULED FOR 9/17/80* - *SAME DATE RESCHEDULED TO 9/18/80 1 Chief Deputy Clerk/Fiscal Officer Harold Hall gave the Board a status report , ' regarding the preparation thus far regarding the tentative budgets for FY 1980-1981 , jti -1 the tentative dates anticipated for receiving the property appraisals, and the e•► ' tentative dates for determining the millage for 1980-81. He suggested that the Board meet on 9/17/80 for a review of all the tentative budgets and such date* was . 1 decided upon. { i Mr. Hall further explained what is entailed in following the regulations set i out within the TRIM bill, including the necessity for publication of all dates for public hearings, a comparison of this year's taxes and last year's taxes for each : taxing district, and the like. * * * Commissioner Archer returned during above status reports. Time: 2:50 P.M. i * * * *The date of the budget hearing was subsequently changed due to a scheduling problem with the meeting room to 9/18/80. STAFF DIRECTED IMIIEW ALL MULTI-FAMILY ZONED PROPERTIES IN THE COASTAL AREA OF ' COLLIER COUNTY RE APPROPRIATENESS OF PRESENT ZONING CLASSIFICATION: STAFF RECOM- MENDATIONS TO BE PRESENTED TO BCC WITHIN 90 DAYS Commissioner Wimer moved that the County Manager, following through with the ' _ _. Community Development and the Planning Departments, be instructed to review all of •- ..._._._ the multi-family zoning in the coastal area of the County to determine if it is • ( appropriately zoned. He said that if it is not, he would like a recommendation of the proper zoning presented to the BCC within 90 days. Commissioner Pistor seconded 1 the motion. During a discussion regarding the motion on the floor, Commissioner Wimer said `) that he feels that there are certain lands zoned inappropriately, such as the ones • • that came to the BCC this date for rezoning, referring to Fisherman's Cove. He said that as he sees it, if the property known as Fisherman's Cove had been zoned pro- , ,',, perly - not to allow multi-family residences - much of the confusion could have been IA avoided. v: Community Development Administrator Terry Virta said that it is not possible to hive all of the coastal area reviewed and actual rezone petitions before the BCC in f ninety days time He said that the subject properties could be reviewed and a i - report prepared in that time. Mr. Virta gave several reasons why the rezone 6 Q^^r nc; ,,,r 9R0 1� e�p� ?•O.0k 5 PACE 389 September 16, 1980 petitions could not be ready including the time necessary for advertising. Com- missioner Wimer said that the County has used concurrent advertising before and, if necessary, to initiate it at once. Mr. Virta insisted that the rezone petitions could not be ready in 90 days, with Commissioner Wimer stating that his motion still stands; however, he added that, if the entire coastal area cannot be completed, then the "problem" areas can. Chairn ,� wenzer agrees.. v Upon call for the question the motion carried unanimously 5/0. p Commissioner Archer stated that another matter that should be looked into is r the problem of having members sit on the CAPC in conflict of interest. He said s that, as he sees it, Mr. Keyes was in conflict of interest when he voted on the .•8• Naples Cay issue. He offered no motion, and said that he is only bringing it up as an item for discussion. No action was taken. CERTIFICATE FOR CORRECTION OF THE 1979 TAX ROLL - APPROVED FOR CHAIRMAN'S SIGNATURE Coiwnissioner As ,..... ��,...e.], se, '.1 by Commiss;,,,1,.. . ' ...., ri ed unar. imously 5/0, that the following Certificate for Correction to the 1979 Tax Roll be • approved for the Chairman's signature; TANGIBLE PERSONAL PROPERTY a NO. DATE 1979 - 216 9/8/80 ROBERT COLEMAN, JR. , AND WILLIAM GERALD CRAWFORD TO BE RECOMMENDED TO THE GOVERNOR FOR REAPPOINTMENT FOR A 4-YEAR TERM ON THE BOARD OF COMMISSIONERS OF THE IMMOKALEE • WATER/SEWER DISTRICT ICommissioner Brown moved, seconded by Commissioner Archer and carried unan- 1 imously, that Messrs. Robert Coleman, Jr. , and William Gerald Crawford be reconmend- ----------- , ed to the Governor for reappointment for a 4-year term on the Board of Commissioners for the Immokalee Water/Sewer District. STATUS REPORT RE REPAYMENT OF FUNDS FROM IMMOKALEE WATER/SEWER DISTRICT - FISCAL K OFFICER AND COUNTY ATTORNEY TO INVESTIGATE FURTHER is } r y In answer to Chairman Wenzel, Fiscal Officer Harold Hall reported that he did not think that any Board action is needed at this time and that he and County Attorney Pickworth are working with the Attorney for the Immokalee Water/Sewer District, in 1_____J U September 16, 1980 regards to the repayment of the monies due from said District. He said that the • District's attorney is placing repayment to the County on the Agenda for their •t . next meeting. He said that he would gather that the money should be repaid within approximately 60 days, and added that this money is being planned as "cash available" in the next year's budget. • When asked his opinion, Utility Director Irving Berzon said that he cannot understand why the money has not been paid thus far since the District has had the money for over a month. He said that he thinks that the District should have to pay .' interest as a penalty for late repayment, which would represent a large sum of money Z s • . considering that the amount in question is over $300,000. Commissioner Wimer agreed. Mr. Hall reported that, to his knowledge, the Imnokalee Water/Sewer District ` does not have a meeting scheduled in the month of September. County Attorney Pick- worth said that he is not convinced that this should have to take so long, suggesting the County should have been repaid as part of the District's first construction draw. Mr. Hall agreed and noted that he has learned that the subject repayment was not a part of that first draw and that he was not able to get an answer as to why it was • not. He asked that Mr. Pickworth and he be given the opportunity to follow up on the matter and Chairman Wenzel agreed. • CHAIRMAN AUTHORIZED TO SIGN A LETTER RE EVERGLADES CITY WATER SYSTEM IMPROVEMENT PROJECT'S CONSISTENCY WITH COUNTY COMPREHENSIVE PLAN, SUBJECT TO UTILITY DIRECTOR'S APPROVAL Administrative Aide to the Board Mary Morgan stated that a letter has been - O received from the Mayor of Everglades City requesting that the Board authorize an appropriate letter to the FmNA that indicates that the Everglades City's Water i System Improvement Project is consistent with the Collier County's Comprehensive Plan. She noted that the Utility Director has not had sufficient time to study the ;` - matter. Commissioner Archer moved that the Chairman be authorized to sign the re- `' , quested letter upon its approval by the Utility Director. Commissioner Wimer `'' seconded the motion which carried unanimously 5/0. A' A LAKE TRAFFORD MEMORIAL GARDENS CERTIFICATE DEEDS NO. 235, 236, & 237 - RECORDED AND FILED FOR THE RECORD T. 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 Deeds No. 235, 236 & 237, were recorded and fi;A ij 1 for the record. ' • .. c U . 1.Ai•:t 'i'i{:11' flu;.1) i.ti•:_.lji{1:'+1, Ci,tl{I)J.:z': -'i•n`•"'ib, ,' it i(1) ' _ r.rtificate r��• O.R. 883 PO . 1257 • • • :Led No. 235 B0'.A 055 FARM 91 • Contract No. 688 ' • • I THIS INDENTURE made the 8th-- day of-_ September. in the year of our Lord, • thousand nine hundred and eighty between Collier County, a political sub- , __ • • • .c •: vision of the State of Florida, party of the first part, and Franc.i.s Lee Miller. _� • - %.1-se address is 1413 N. Plum Street:, Immokal ce, Florida 33934 1 ty of the second part. _ `-`____ - - • 11'ITNESSETI[, that the said party of the first part, for and in consideration of the Simi of $1, O( ,d other good and valuable considerations paid by the said party of the second part to the party of the first part at and before the cnscaling and delivery of these presents, the receipt whereof is hereby ac•- .. :.no•.vledged, as granted, bargained, sold, conveyed and confirmed and by these presents cloth grant, bargain, sell, convey and con firm unto the said party of the second part, his heirs and assigns forever, .,+�i'�•G.. the privilege to use for the purpose of sepulcher along and subject to the restrictions and limitations harem containeu the following (k.et•ilied property, t;l.uated in the County O1 (-ogler and State of Fio iva a.'. and described as: GROUND SPACE ' Section North one-half_ Lot 1 _Block ll`34 LAKE TRAFFORD MEMORIAL GARDENS, as per plat thereof recorded in Plat Book 3, Pages 32, 33 and 34, Public Records of Collier County, Florida. • TO HAVE AND TO HOLD the use of said premises subject to all the conditions and limitations •• herein contained and subject to the conditions and limitations set forth in the rules and regulations of 'he said Collier Comity, now in existence, or which may hereafter be adopted by the said County through its Board of County Commissioners for the management and government of LAKE TRAFFORD MEMORI.,i • (,,\RDENS, and subject at all times to the right of the party of the first part to grade and improve the id Plot(s) and to remove any trees, shrubbery or objects of any kind, and to the further rest.; fiction •hrlt.no fence, coping, mound or other object of any kind be installed, or any hedge, plants, trees, or lowers in tin cans be placed on such Plot(s), except such as may be approved by the said County. - - In the evert of sale °..'•r• of the =•-•••ein described ' ' v the -.,^ transfer or ❑^^;m,_ °ant shall not be valid until Collier County has been notified of said sale, transfer or assignment and ::•Droved by the said Collier County for which there will be a fee -- (on file in the cemetery office.) • Grantor shall not be liable for loss or damage caused by an Act, of God, common enemy, '':ieves, vandals, strikers, malicious mischief makers, unavoidable accidents, riots or order of :y military or civil authority. , • • IN WITNESS WHEREOF, Collier County has caused its seal to be hereto affixed and these •:resents to he signed by its duly authorized officers. • • BOARD OF COUNTY COMMISSIONERS OF 1'TEST: ` COLLIER COUNTY, FLORIDA 'y: _ `"r BY: 6 •0411/ erk.of Ci c +L C u •t //Chairman •• :';i liS :7NSTRUI.IEN'•'xi- 'PARED • Clifford B. Bar sale i''L$1ic Works''Adi&inistrator/County Engineer t. 1• •' • Co'),IIer Counrity Government Center C1 i' •' 1''`�1''1e$�•Florda 33942 CGiti ,• �tI1 •�.t • SEe 17 3 52 Pi! '80 fl:—li. 11. _ !I. .Il.,_.Il. 11.�,• .11. II. 11 - 1 =I;t L' . .-FTi 7:-:• I y :I I � •s MEMO! �ti 5. .��:t"I1 ~'�t ,V-Vi l l TTpini or Printing i.• • • I I.• II i a1. : l..• s •. • •• • : ! unsatisfactory In this document i ,1 t ti 66r1- � „ � i� c-- ___� LAKE TRAFF( � t Se �� 16, 1980 —` --1 v- RIOkTAL GARDENS p (r C Certificate O.R. 883 Fta . 125 . Deed No. 236 Contract No. 689 �__.. THIS INDENTURE made the 2nd day of September . in the year of our Lord, ' one thousand nine hundred and eighty between Collier County, a political sub- __ or division of the State of Florida, party of the first part, and Louis Nbore - . whose address is 406 S. E. 13th Street, Immokalee, Florida 33934 party of the second part. — . \VITNESSETII, that the said party of the first part, for and in consideration of the sum of$1.00, and other good and valuable considerations paid by the said party of the second part to the party of the • first part at and before the ensealing and delivery of these presents, the receipt whereof is hereby ac- l:nowledged, as granted, bargained, sold, conveyed and confirmed and by these presents Both grant, harga:n, "ll, cor••:,,• anti _:Infirm 'rs the said party _.e second part, ills heirs and assigns forever, the privilege to use for the purpose of sepulcher along and subject to the restrictions and limitations herein contained the following described property, situated in the County of Collier and State of Florida j and described as: • �~ GROUAD SPACE Section South one-half Lot 1 V Block F-31 LAKE TRAFFORD MEMORIAL GARDENS, as per plat thereof recorded in Plat Book 8, Pages 32, 33 _ • 111 and 34, Public Records of Collier County, Florida. TO HAVE AND TO HOLD the use of said premises subject to all the conditions and limitations . herein contained and subject to the conditions and limitations set forth in the rules and regulatio,3 of the said Collier County, now in existence, or which may hereafter be adopted by the said County through its Board of County Commissioners for the management and government of LAKE TRAFFORD MEMORI.': GARDENS, and subject at all times to the right of the party of the first part to grade and improve the. said Plot(s) and to remove any trees, shrubbery or objects of any kind, and to the further restriction that no fence, cop.rr;;, mound or other object of any kind be installed, or any hedge, plants, trees, or flowers in tin cans be placed on such Plot/.4), excort such as may b• ----”" verl hY maid County. In the event of sale or transfer of the herein described property, the sale, transfer or assign-- 1 rncnt shall not be valid until Collier County has been notified of said sale, transfer or assignment and t .-pproved by the said Collier County for which there will be a fee -- (on file in the cemetery office.) Grantor shall not he liable for loss or damage caused by an Act of God, common enemy, thieves, vandals, strikers, malicious mischief makers, unavoidable accidents, riots or order of .i . ::ny military or civil authority. • r IN WITNESS WHEREOF, Collier County has caused its seal to be hereto affixed and these esents l to be sigmed by its duly authorized officers. BOARD OF COUNTY COMMISSIONERS OF ___. ATTEST: COLLIER COUNTY, FLORIDA. 13Y: ,....."--7---/ -?,- . oi• • :1. t C'• rt— J/ )Chairman (1 i i i C 4 I I !'J fl4:2NT RE 'ARED 13(• [ (/ ' irford B.. :I3z:,.r.•l.,',6.. le �_ . ubi c•'l•)orks '7ldrnini strator/County Engi ricer r •County Government Center ,.Ili.les; ,F.loridd ;33942 ti: ': L".tt :ri;r0 l �. 1...: .��. .��. .��: :i►: .��....�►,. ..� :,t. .��. RECORDERS MEMO: Legibility =1t.;.I1.,�,1{:;= li f +ll.l,.11.,,.II j,.il. l. l lI:I�:Il:�I:il:yl of wig, or Pining•r. .I 1,1{. y, {: 1i- .;_ i (l=11==11=I I received.io �i. . % /:-:72/l • iQ...._'1i.,� -if" -ait1.t 1F17 II .;..I:c .1!.,;.11., .11.—, j r •� _ September 16, 1980 .v LAKE TRAIIORD I.II _.rOA L\I CARLEt r= :. Certificate 237 60 6 055 FAQ O.R. �ig3 PG 1259 • 1ccd No. -- _-_-__-_F��7�7 • Ccntrtrct No. 690 TiHIS INDENTURE' made the 11th day ofrSepLembor in the year of our Lord, _ .one thousand nine hundred and e.ir3hty a between Collier Count a ---- } political sub- r r:livision of the State of Florida, party of the first part, and Eugei:e Herrera 'whose address is 610 Booker Boulevard, I amot;al.ce, Florida 33934 • ;"rrty of the second pa``— -- _ l'.::: WITNESSL••TII, that the said party of the first part, for and in consideration of the sum of $1. r, and other good and valuable considerations paid by the said party of the second part to the party of the first part at and before the ensealing and delivery of these presents, the receipt. whereof is hereby an- knowledged, as granted, bargained, sold, conveyed and confirmed and by these presents (loth grant, bargain, sell, convey and confirm unto the said party of the second part, his heirs and assigns forever, -- the privi' •ge to for !'.., purpc' of sepulcher ale,.., : ..d subject to sire ;c1.1ens a,,d lire i?a i• :::, herein contained the following described property, situated in the County of Collier and State of Florid:, t - and described as: • GROUND SPACE • • ' Section South one-half ot Block LAKE TRAFFORI) MEMORIAL GARDENS, as per plat thereof recorded in Pint Book 8,I Pages 32, 33 `' • and 34, Public Records of Collier County, Florida. TO HAVE AND TO HOLD the use of said premises subject to all the conditions and limitation:; herein contained and subject to the conditions and limitations set forth in the rules and regulations of the said Collier County, now in existence, or which may hereafter be adopted by the said County throe,;:) is Board of County Commissioners for the management and government of LAKE TRAFI Ol D MEMOI i.' . . JARDENS, and subject at all times to the right of the party of the first part to grade rr.d improve Utc •aid Plot(s) and to remove any trees, shrubbery or objects of any kind, and to the further restriction 'rat no fence, coping, mound or other object of any kind he installed, or any hedge, plants, trees, or :owers in tin cans be placed on such Plot(s), except such as may be approved by the said County. in the event of sale or transfer of the herein described properly, u,,, ;,ale, transfer or asaegn- :rent shall not be valid until Collier County has been notified of said sale, transfer or assignment and • .approved by the said Collier County for which there will be a fee -•- (on file in the cemetery office.) Grantor shall not be liable for loss or damage caused by an Act of God, common enemy, . Nieves, vandals, strikers, malicious mischief makers, unavoidable accidents, riots or order of •my military or civil authority. • IN WITNESS WHEREOF, Collier County has caused its seal to be hereto affixed and these • presents to be signed by its duly authorized officers. --" w.. A''TES'': BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA / ...--- BY: _ BY: ���/ / C afik•'of'. heal ,ourt A ,,hairrnan , THIS Ili?; UDI,•NT REP/R • BY: .:liffgrd.I3; •13. k .dal,e 'ublit Wory,s. Admini.trator/County Engineer i. 'oll�:er County: Government Center 01111!`' . :aplcs;,• Florida 33842 CC:t .,_. ` li'. • G ;IG1• • : 1>' sEP 17 3 Sz Pii 'BO •'P. ' f '`.! Ii ' i ,. li.l,.i ��t. .--L' 2.', 1%,,•ii--`:'(t II . .if. . . i: =; ` � # �El 1-____ U September 16, 1980 CANVASSING BOARD RESULTS RE PRIMARY ELECTION OF 9/9/80 - ACCEPTED FOR THE RECORD AS PRESENTED BY ELECTIONS SUPERVISOR EDNA SANTA The following Canvassing Board Results regarding the Primary Election of 9/9/80, were accepted for the record, as presented by the Supervisor of Elections Edna Santa: * * * * September 16, 1980 . • RECEIVED " B0:,1 055 PACE395 CERTIFICATE OF COUNTY CANVASSI,N.G JONRn (�li `G� J 1 • JCL CR OF COURTS ' STATE OF FLORIDA c1ui_n CO ITY.fL,��iA COLLIER COUNTY v. i We, the undersigned, HUGH D. HAYES County Judge, ,. .. . EDNA C. SANTA Supervisor of Elections , F. • and F. CLIFFORD WENZEL Member of the Board of County Commissioners, constituting the Board of County Canvassers in and for said County, do hereby certify that we met in the office of the Supervisor of Elections on the 9th day of September, A. D. , 1980, and proceeded publicly to canvass the votes given for the several offices and persons herein specified at the DEMOCRATIC PRIMARY Election ✓"'� held on the 9th day of September, A. D. , 1980, as shown by the returns on file in the office of the County Judge and Supervisor of Elections . respectively. We do hereby certify from said returns as follows: • For United States Senator, the whole number of votes cast was FIFTY-FIVE HUNDRED AND ONE 5501 of which number h• JOHN BRINDLEY COFFEY received OI1E HUNDRED AND FIVE 103 votes - BILL GUNTER received TWELVE HUNDRED AND NINETY-THREE 1293 votes Am.' BUDDY MACKAY received FOURTEEN HUNDRED AND TWELVE 11.12 votes JAMES L. (JIM) MILLER received ONE HUNDRED AND SIX 106 votes RICHARD A. PETTIGREW received FIVE HUNDRED AND SIXTY-,NINE 5n9 votes RICHARD (DICK) STONE received TWO THOUSAND AND SIXTEEN 2016 votes ` s For Representative in Congress, Congressional District, Err' the whole number of votes cast was of which number received votes received votes received votes For Representative in Congress, Congressional District, the whole number of votes cast was of which number received votes i received votes 11; received votes `':i ,i N.,', . • • I 7...........„ ..... . .... ______... . . _ . . ...... . .. . . _ _ . _ ._. . September 16, 19dO For Member, Board of County Commissioners, District 5 , the Thole • • number of votes cast was FIVE THOUSAND AID) TWENTY—SIX 5026 of which number ROBERT J. BARBER receT P'FY-SIX HUNDRED AND STZ'CY—FIVE 2665 Votes i ' • BUD CORBLY reccivEed —TES HUNDRED AND SIXTY—OZtL2361. Votes received Votes For Member, Board of County Commissioners, District , the whole n. number of .:._es ,a.. t Wa_^, �nnhnr Of which n received Votes received Votes ' received Votes For Member, Board of County Commissioners, District , the whole number of votes cast was of which number received Votes received Votes received Votes For Member, Boal.. ,,. ...,..,..i_y Co** '--4.oners, Dist-' , the Ahn1n . • . number of votes cast was . of which number • • received • Votes • • received Votes ' received Votes For School Board Member, District , the Ishole number of votes cast was of which number . received Votes received Votes received Votes For School Board Member, District , the whole number of votes cast was of which number ' received Votes received Votes . ! received Votes • For School Board Member, District , the whole number of votes cast was of which number . received Votes received Votes received Votes September 16, 1980 .; c BOCK 055 PACE 377 • Your whole total number of persons I+fio voted in your County for the First -: Primary Democratic Election FIF •Ilii3E IiU 1D UM IUD BMW ONE 5951 Total ',n y • I (l 11` )1!1 / 1 4' • / C/ SDFEMSOR uF. Li.....-...,..,„ • M I I: tTi11 b • 11,1 • r .1 ON •T. '' Ui r: rr4' • f ' 1 G • ' September 16, 1980 ' . • • RECEIVED • S 15 9 29 An 'Bo CERTIFICATE OF COUNTY CANVASS;INCvaQARAit i:LCF{K OF COURTS C::!ur.tt C.^.UUTY.FL O?I 1;; STATE OF FLORIDA COLLIER COUNTY III `. 1 .... , t.L.. undo :tined, 111:77 -,. HA'YES County Judge, 7 EDNA C. SANTA Supervisor of Elections , • and F. CLIFFORD WENZEL Member of the Board of County Commissioners, constituting the Board of County Canvassers in • and for said County, do hereby certify that we met in the office of the Supervisor of Elections on the 9th day of September, A. . D r 1980, and proceeded publicly to canvass the votes given for they,several offices and persons herein specified at the REPUBLICAN PRIMARY Election held on the 9th day of September, A. D. , 1980, as shown by the returns • on file in the office of the County Judge and Supervisor of Elections respectively. We do hereby certify from said returns as follows: For United States Senator, the whole number of votes cast was - NINE THOUSAND S.r: ;.:..;..uRED f-- FOUR _ _:, number ANDER CRENSHAW received SEVEN HUN. AND SIXTY-TWO 762 votes LEWIS DINKINS received FIVE HUN. AND SEVENTY-TWO 572 votes LOU FREY received TWENTY ONE HUN. AND SIX 2106 votes PAULA HAWKINS received FIFTY EIGHT HUN. AND TWENTY-THREE $votes ELLIS RUBIN received TWO HUNDRED AND FORTY-SEVEN 247 votes JOHN T. WARE received ONE HUNDRED AND NINETY-FOUR 194 votes ■ ■ For Representative in Congress, r1 Congressional District, the whole number of votes cast wa6�:,._:4a.47= - 1 of which number SEE FOLLOWING PAGE =`^-` '�-i-$.t. z0,-, -.i=•,,,, re ceived-.�'.''i+„Mt°.' :t'"".:.y.'.' 'votes t . . . J' I _ arid- tiiF re c e i v e d-I ntl=r?•, ::}�-_i4TZ - - votes -,.-: . : received votes ;', For Representative in Congress, Congressional District, the whole number of votes cast was 1i . I of which number received votes received votes received votes ; Seplember 16, 1980 __ liCal 055 FACE 399 For State Senator, _-- 29th Senatorial District, the whole l'' .,� number or votes cast was TIIiIE THOUSAND POUR INN. & THIRTEEN gor which ntnber Y - __ ---- - ._.... --- 3756 ' J. tl,. "DILL" STEVENS received THIRTY_SEVEN__!mil & FIFTY-SIX Votes • GEORGE WILLIAMSOPI __ _ reccivcd FIFTY-SIX HUN. P: FIFTY-SE"r r; �ot s • received Votes yy For State Senator, Senatorial District, the whole k ffi +C+� t "number ^F vote cast 1, 4. i of which number I received Votes t • received Votes • received Votes For State Senator, Senatorial District, the whole •• o number of votes cast was of which number - received Votes received Votes received Votes For State Ser, ' r _ c-” ,r^rial ni,~rict, the lvllole i number of votes cast was' Votes received Votes _._____._. received Votes received Votes For State Senator, Senatorial Distiict, the whole • : number of votes cast was --- -- Votes received Votes ? _ received .__ Votes received Votes For State Senator, Senatorial District, the lchole number of votes cast was Votes received Votes f- received Votes received — Votes For State Senator, Senatorial District, the whole • number of votes cast was — Votes , received Votes received Votes • : received Votes • September 16, 1980 Irl/// For Representative in Congress, Congressional District, the whole number of votes cast was of which number lreceived votes received votes . ._ _ r-c^=vc d vote 7; 41 . For State Attorney, Judicial Circuit, the whole number of votes cast was — of which number i. received votes ,• received votes • For Public Defender, Judicial Circuit, the whole number . ' ,f votes cast was of which number • IN received votes 4 • received votes • . 1 . s. 3 a . t i Pi it j N'` 1 . .. , / d E 0. li;A LAX) PAC / September 16,. 1980 For Member of the House of I;enresrntatives, $9th . _ _,_ House District, the whole number of votes cast was TEIT THOUSAND AN]) THIRTY-2`}1J. 14,033 _� _ ofwhiclinurber received 17:Z p l UN. AiID iTV: 3205 Votes --� _ %IGiT_`_�_• 4 MARY EL = HI: tLS rece i vclICiIX-SIGHT HUN.. • received Totes For Member of the House of Representatives, House District, • the whole number of votes cast was Votes received Votes received . Votes • received • Votes For Member of the House of Representatives, House District, the whole number of votes cast was Votes received Votes received _ Votes received Votes For Member of the House of Representatives, House District, the whole number of votes cast we _ _---_ Votes received Votes recei rod Votes received Votes For Member of the House of Representatives, ; House District, the whole number of votes cast was Votes received Votes ' received Votes received Votes ves, g For Member of the House of Representatives, House District, the whole number of votes cast was Votes received Votes received VOtCS , received Votes ves, ' For Amber of the House of Representatives, House District, the whole number of votes cast was FI Votes received Votes v --- received Votes 11 i received • Votes • !foiw MEMO: LegibUfty of whin& Typing or Printing unsatisfactory in this document , a•..... . September 16, 19:.v • For Member, Bard of County Comissioners, District Iii , the whole number of votes cast was 2gi 1H9U,;iu1D AND T,rJ~P rry 10,020 of which number .. 1 $� �ITT.T.T�!,i F ri�7TT 0 _ received S - + 0 Z j. r. I,p��„x S��rj 321�otes • J0 N A. PISTOR _ received SIXTY SEEN IflJ . & :EVE r_(^y-TuBj. Votes received Votes For Member, Board of County Commissioners, District #3 , the whole number of votes cast was 7121 THOUSAND AND EL;:.'VEi`I 10,011 of which number THOWAS g_ • AP, _ received FO«sY-SIX ?i11i-;. EC FIFTY-FIVE 4653 Votes RICijMD r^ ill j received FIFT:-.n HUN. & FIFTY-S3D: 5356 Votes received Votes :.For Member, Board of County Commissioners, District Y15 , the whole number of votes cast was NINETY SIX ...J11. & THIRTY-ONE 9631 of which number • DAVID C. BROWN received FIFTY-EI..yr':1T HUN & SEVENTY-TWO 5a�o es . . Sc 2KGE. C. M11TTIMIS received THIRTY-SEVER HUN. E: FIFTY-NINE 37es . received Votes For Member, Board of County Commissioners, District , the whole . _ number of votes cast �oac — of which number . received Votes received Votes I,. cs received Votes For School Board Member, District , the whole number of votes cast was _ of which nu::ber received —"-- — Votes received Votes received Votes For School Board Member, District the. whole number of votes r cast was of which number 1 received Votes received Votes received Votes For School Board Member, District , the whole number of votes cast was of which nt�rber received Votes __ received Votes _ received Votes NM" . Yom, Ai 055 PACE 403 ._. September 16, 1980 For SI-MRIFF , the whole number of votes cast was TILT'.; THOUSAND TWO HUN. r EIGHTY-TWO 9282 of which m;:ncor . _�. 4323 A. J OUG HENDRY „r,t,., received FORTY-TM EE I.'U:'1. PA TtJ>wITY-TI EE Votes Or IIAL`IER M. OLSON received FORTY T1f`'1F. BUN & FIFTY-NINE 1,9.�9 Votes For SU:� RVISOR OF ELECTIONS _, the whole number of .. votes cast was ITINE THOUSAND EIGHT IIUN. &: FORTY-SIX 98/46 of which number . MARY W. MORGAN received SEVENTY EIGHT HUN. & FORTY-SIX Votes 2000 Votes L. C. " /CA.:IC" rcU:iINSO, `. received TWO HOUSAND 2 : X For TAX 'COLLECTOR _, the whole number of • votes cast was NINE TIICUSANI) AND SIX HWTDR,D 9600 of which number GUY L. CARLT02; received FIFTY-SIX HUN. P 5658 . IFTY-EIGHT Votes • LARRY COOK received THIRTY•NINE MN: �:•FORTY-TWO 39}12 • Votes For the whole number of votes cast was of which number . • —._ received - Votes • received Votes '° For '' , the whole number of votes cast was of which number received _ Votes received Votes a For the whole number of ' • , votes cast was of which number received Votes received Votes , ;' For , the whole number of • votes cast was of which number . received Votes . ' received Votes For , the whole number of '' Votes cast was — of which number 6 received i Votes t received Votes RECORDER'S MEMO: Legibility as writing. Typing or Printing • e e•thl.etm7 in this document 1 September 16, 1980 Your whole total number of persons who voted in your County for the First Primary Republican election TEN THOUSAND FOUR H'JNDRED AND SEVENTY-SIX 10,476 Total • fe,ef.ea e SUPERVISOR OF }3LECI'IONS • . 1 • 'IN 7 QV O,NER3 if j • September 16, 1980 • , l�•EC !`!ED CC CERTIFICATE OF COUNTY C,\;;VASST?, , MART) 8C PACe4US S%P J 9 29 ��� ��0 tm.I.IA 1 J.TIEAO,.H eLERc OF CfUais . STATE OF FLORIDA • COLLIER C9U.IE,t G UNiY.FLC'rn • . COUNTY ' , HUGH D. HAY ES We, the undersigned, _ County�_...__ ____..__._._.County Judge, EDNA C. SANTA , . • Supervisor of Elections , . `- 17:'�CLIr`01117- ')EN'LEL __�_._________� . and �,crabd'1' at a �io,:r 1 o, County Commissioners , constituting the Board of County Canvassers in and for said County, do hereby .ccrtifDtbhat we net in the office of • the Supervisor of Elections on the day of September, A. D. , • 1980, and proceeded publicly to canvas:; tTe votes given for the several office.; and ;:._ . ..ua..; herein specified ..t thct NON-PARTISAN Election held on the 9th day of September, A. i). , 1980, as shown by tha .ri:.urns •on file in the office of the County Judge and Supervisor of Elections • ' respectively. We do hereby certify from said returns as follows : ' MARCO ISLAND number COMMUNITY CENTER rtes I _ ... SHALL THE BOARD OF COUNTY COMMISSIONERS, AS TH_E )tes - � . GOVE�,. .w,\RD ' '''1E MARCO ICI...-. - -.. CENTER MUNICIPAL SERVICE TAXING AND BENEFIT UNIT, 'tes -::_\ BE AUTHORIZED TO ISSUE DISTRICT GENERAL OBLIGATION `� BONDS, OR OTHER EVIDENCE OF INDEBTEDNESS IN THE E MAXIMUM AMOUNT OF $1,750,000, WITH THE PHOCEEDS number ` ' G FROM THE SALE OF SAID BONDS TO BE USED TO CON- R •• STRUCT AND EQUIP A COMMUNITY CENTER AND THE i BOARD OF COUNTY COMMISSIONERS BE AUTHORIZED utes • EACH YEAR TO LEVY AN AD VALOREM TAX IN AN AMOUNT • • NOT EXCEED ONE MIL TO PAY THE PRINCIPAL, INTEREST totes a AND SINKING FUND REQUIREMENTS ON SAID BONDS AS • THE SAME BECOME DUE. otes the whole number of votes ast was 1579 of which number FIFTEEN HUNDRED AND-SEVENTy=NI E- FOR __ r c c c i v c d THREE HUN_& THIRTY EIGHT o t e r, AGAINST --- — 1241 received `1?WELVE HUN. AND FORTY-ONE o t e s received votes For County Court Judge, County, Group No. the. whole number of votes cast was of which number received votes . received votes ' . � received _votes For County Court Judge, COLLIER County, Group No. the whole number of votes cast was 2.6 of which number ,9.8� y SIXTEEN THOUSAND AND EIGHTY-FIVE 6093 PAUI, 7. RUBY received SIX THOUSAND & NINETY-THRBEcs i Two 999 . TOM TRFTTTR r r r o i ,1 NTNFTY"NTNF. RUN. Al NTl`1Erri"t rs s A ti ♦ r September 16, 1980 i i . ` 1 y` \i IH i XXDSXMOC)}t , . , JU' Gl, -..; .� n.► aCh}>.. au.L ,I..iO8 OF ELECTIONS I�n.4' �' MEMBER BOA � OF COUNTY �' COMISSIONzRS County • (• 4 1 r 1 i 1 , a . kM1 S' :, 055 PACE407 September 16, 1980 MISCELLANEOUS CORRFSPONDENCE - FILED AND/OR REFERRED , ,. . There being no objection, the Chair directed that the follow- ing correspondence be filed and/or referred to the various depart- 401. as indicated: " 1. Letter dated 9/12/80 from the members of the Greater Naples Little League Girls Softball All-Star team, ex- . tending their appreciation for the support that the BCC offered them during the Worlds Series tournament. 2. Letter dated 9/8/80, from North Naples Fire Control Dis- t let, * . ismitting a ••';r cf their P'' ^^-4l proposed budget. xc H.Hall; Filed. 3. Letter dated 9/8/80, from John Gray, indicating his dis- pleasure in seeing planes carrying signs behind them in the air over Collier County. xc County Manager; Filed. 4. Memorandum dated 9/5/80, from the State.Enerav Director L.A. Hester, extending an invitation to comment on the State's application for 1981 federal energy conservation and management funds available from the U.S. Department of Energy; also notifying the County of several public meetings re same. xc County Manager, Energy Coordinator; Filed. 5. Letter dated 9/8/80, from Secretary of State George Firestone, indicating that "the Palm Cottage" located in south Naples will be considered by the State Review Board c-- nation to the Natio" 1 RecoistPr of Historic Places and soliciting comments re same .,y „,uoer 16, 1980. xc Museum, County Manager, W. Reagan, J. Beriault; Filed. 6. Letter dated 9/11/80, from South Central Florida Health Systems Council, Inc. , re request from Collier County Men;-al Health Clinic to designate the eastern portion of the county as a psychiatric health manpower shortage area; also, announcing public hearing re same proposal on 10/2/80 at 2 :00 P.M. at the Courthouse. xc Dr. Cox, County Manager; Filed. 7. Letter dated 9/10/80, from President of the Marco Island Home Builders Assoc. Ed. R. Day, indicating that the sub- ject Assoc. is in favor of adding the positions of Com- pliance Officer and Fire Safety Planning Officer to the Building Department. xc County Manager; Filed. i 8. Letter dated 9/5/80, from Chief Jim Billman, East Naples Fire Control District, protesting the proposal that the county government should absorb the traditional fire de- partment function of reviewing building plans and fire code enforcement. xc County Manager. ; Filed. 9. Letter dated 9/10/80, from Sue Carole Mize, complimenting the motor vehicle inspector, Carol Burns on her fine work, • as well as the entire staff at the MVI station. xc Personnel, Public Works Administrator; Filed. 1 10. Letter dated 9/10/80 from SFRPC, indicating that the dates for acceptance of preapplications for FY 81 competition for the Small Cities Community Development Block Grant Program t are November 3 through November 17, 1980. xc Planning; Filed. 4 ■ 11. Letter received 9/12/80, from Lester Hansen, resident of Marco Island, transmitting letter sent to Fla. Cable TV Assoc. Inc. , questioning certain charges for "hooking up" and "in- stalling" lines for service, including "subsidizing" future users installation. xc County Manager; Filed. September 16,1980 12. Copy of letter dated 9/10/80, from County Manager to Mr. and Mrs. Lee Bence, 657 Palm View Drive, respond- ing to consumer complaint that was referred to him from Sue Williamson, and transmitting a copy of Fran- 'e chise Agreement with South Fla. Cable T.V. Filed. 13. Copy of letter dated 8/28/80, to.County Manager from Senator Lawton Chiles, regarding earlier contact re Fiscal Year 1981 funding for the Bureau of Land Manage- ment's Payment in Lieu of Taxes account, and indicating that same funding will be available for the subject year at a reduced amount, however, there probably will be adequate funds available for Collier County. xc H. Hall; Filed. 14. Copy of letter dated 9/12/80 to Dr. Alan Rockway, Floridians for Privacy rights, Congress United for Rights & Equality, �;; ______ from County Manager Norman, acknowledging receipt of letter. of 9/9/80, and notifying him that his position on Statewide Constitution Amendment No. 2 to be placed on the Nov. 4, 1980 Ballot, has been placed on the 9/23/80 agenda of the BCC • meeting at 11:00 A.M. Filed. • ti • 15. Copy of letter dated 9/8/80 from Corps of Engineers, to Mr. Hermanson, CH2M Hill. regarding the Interim Action Program and the County's permits for implementing same; the Corps has decided that they have no jurisdiction over the modified IAP, therefore they returned said application. "'►' xc. Barksdale, W. Norman, D. Pickworth; Filed. 16. Copy of letter dated 9/9/80, from I-75 NOW Task Force, in- , dicating that thanks to the intervention of the Governor Gr....:,. .,, ,,..1 segr •'s of I-75 .,__._ : - _ _ ed. xc Pu.`•. : 1 Works Administrator; Filed. 17. Letter dated 9/5/80, from Senator Lawton Chiles, indicating that he is opposed to continuing Federal funding for State .. Revenue Sharing and is in favor of local revenue sharing. xc/ County Manager, H. Hall; Filed. - ! 18. Letter received 9/15/80 from Dr. Walter C. Veit, indicating r • his being impressed with county wide planning, and other issues, and offering to assist in the development of plans for such issues as bike paths, public transportation, etc. xc. Zoning, Planning, County Manager, Engineering; Filed. 19. Letter dated 9/11/80, from an anonymous taxpayer regarding a complaint about the lack of enforcement on the part of the County for "competency cards" for certain workers, and the unfairness this represents to those who apply and receive same. xc County Manager ; Filed. 20. Twenty-five letters from property owners regarding the County's proposed rezoning of certain areas of the Golden Gate Estates, and objecting to same without proper notification and with- out the consent of the property owners. xc Planning; Filed. r 21. Notice dated 9/10/80, from South Central Florida Health Systems Council, Inc. , re current projects under review and Certificate of Need Requests with respective review schedules. J xc Dr. Cox; Filed. 6:, ' 22. Memorandum, dated 9/3/80, from Department of Administration, Division of Retirement, announcing the arrival in the near future of the Fla. Retirement Systems Bulletin, and asking that they be distributed. xc Payroll, H. Hall; Filed. 1 23. Copy of memorandum dated 9/9/80, to County Manager from Purchasing Director Wilcox, transmitting a list of all the County's surplus equipment sold at 9/6/80 auction; total 1 sales were $5,670.40, to be credited to Account #001-1-00 05-010-364-410, of the General Fund. Filed. --- -- - - - - ---- -- - - • - —- --- - - - ',"'`Kr.--r4,11.,A-,), S. d 055 PACE 409 September 16, 1980 24. Copy of letter dated 9/3/80 to Representative Thompson, 10th District, Quincy, Florida, fran Gadsden County BCC, regrrding their stand on the issue of more intrusion by the State re- garding private enterprise, as unhealthy and unnecessary, also, ti: transmitting copies of related material. xc County Manager; Public Safety Administrator; Filed. '`"' 25. Copy of City of Naples CounCilmeeting minutes of 8/20/80. Filed. jr 26. Copy of agenda for Big Cypress Basin Board of the South Florida % Water Management District meeting of September 19, 1980. Filed. h h5 There being no further business for the good of the County, the t meeting was adjourned by order of the Chair - Time: 3:10 P.M. BOARD OF COUNTY CCMMISSIONERS/EX f. OFFICIO GOVERNING BOARD(S) OF SPECIAL 1 DISTRICT'S UNDER ITS CONTROL ii dor/ / ,n)4,,,e, i ...„.. . . Cliff,y Wenzel, Ch rman r p: ATTEST: { LLgAM J. '+ ' , MEN. e << , SO : •. C e mail oak , ,' S4;1 is r 4' .. } V , C