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BCC Minutes 09/09/1980 R Naples, Florida, September 9, 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 9:00 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 John A. Pistor C.R. "Russ" Wimer David C. Brown (11 :20 A.M.) ALSO PRESENT: Harn1cl . Hall . Chief Deputy C?- ^,' ^"-- -:r; Edna Brenneman, Deputy Clerk; C. William Norman, County Manager; Donald A. Pickworth, County Attorney; Irving Berzon, Utilities Division Director (10:00 A.M. ) ; Clifford Barksdale, Public Works Administrator/Engineer; Terry Virta, Community Development Administrator; Anthony Pires, Assistant County Attorney; Thomas Hafner, Public Safety Administrator; Mary Morgan, Administrative Aide to the Board; and, Deputy Chief Raymond Barnett, Sheriff's Department. BOARD OF COUNTY COMMISSIONERS -- AGENDA BOOR 0155 PAGE 181 September 9, 1980 NOTICE: ALL PERSONS SPEAKING ON ANY AGENDA ITEM MUST REGISTER TO THE ITEM BEING 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 3, 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 5, 1980 5. PROCLAMATION AND PRESENTATION OF AWARDS 6. SOCIAL SERVICES 7 . ADVERTISED PUBLIC HEARINGS • A. Petition BD-80-2-C, Joseph E . Waters , represented by Allied Crane Service : requesting extension of a boat dock to 29 ' on Lut 11 , Block 403 , Unit 13 , Marco Island . (Community Development) B. Petition BD-80-3-C, Pat Parker represented by Marco Dock & Pile: requesting extension of a boat dock to 35 feet on Lots 7 & Block 1 , Old Marco . (Community Development) f` C. Petition BD-80-4-C, Don Riddle, represented by Collier Marine: requesting extension of a boat dock 30 feet on Lot 812 , Unit 2 , Isles of Capri . ( Community Development) • D. Petition BD-80-5-C , Francis Shaw represented by Collier Marine, Inc : requesting extension of a boat dock to 63 feet on Lots 102 & 10d , Unit 1 , Isles of Capri . (Community Development) E. Petition BD-80-6-C, Paul Graver, represented by Garland P & Garland : requesting boat dock extension to 22 feet on Lot 10, Block "F" , Little Hickory Shores . (Community • Development) F. Petition BD-80-7-C, Mr. Mossbough, represented by Collier Marine: requesting extension of a boat dock to 24 feet on Lot 627 , Unit 3, Isles of Capri Subdivision. (Community Development) Agenda _ i---_.! J III Page 2 September 9, 1980 G. Petition CP-80-10-C, Fred Strom: requesting a comprehensive plan amendment from 6.22-30 residential land use to commercial • land use for property located in Section 1 , T50S, R25E which is located at the NW corner of Gail Boulevard and Donna • Street. (Community Development) This is a companion petition to R-80-21-C) • H. Petition R-80-21-C, Fred Strom: requesting rezoning from "A" Agriculture to "PC" Professional Commercial for property located in Section 1 , T50S, R25E which is located at the MW corner of Donna Street and Gail Boulevard. (Community ,�. - De• _lopme ') (This is _ (:,rnpanion pet : ,. : �r. to CP-80-10-C) I . Petition CP-80-11-C, Robert Tuyls , represented by Wafaa e Assaad: requesting a land use amendment from commercial • and 0-6.22 residential land use to 6. 22-30 residential land use for property located in Section 1 , T50S, R25E which is • located on the north side of Davis Boulevard northeast of Bill Barnett Toyota. (Community Development) (This is a companion petition to R-80-23-C) J. Petition R-80-23-C, Robert Tuyls , represented by Wafaa '. a Assaad: requesting rezoning from "RM-1" multifamily and "GRC" General Retail Commercial to "PUD" Planned Unit Development for moderate income rental housing for property located in Section 1 , T50S, R25E which is located on the north side of Davis Boulevard northeast of Bill Barnett Toyota . J .ma,iity '' '^lopment) 0 ., . . ...,,,,,union . petition to CP-80-11-C) K. Petition NZ-80-13-C , an amendment to the locational restrictions for use involving consumption on premises of alcoholic beverages by increasing the distance from such . establishments to other such establishments , schools , churches , • parks and playgrounds from 500 feet to 1 ,000 feet. (Community Development) L. Petition R-80-7-C, Edward Brugman , reprsented by Wafaa Assaad : requesting rezoning from "A" & "A-ST" agriculture with special treatment to "CI" and "CI-ST" commercial . industrial with special treatment overlay for property 2., I located in the SE 1/4 of Section 11 , T49S , R25E which is located on the west side of Airport Road NW of entrance , to Barron Collier High School . (Community Development) • M. Petition R-80-22-C, Fred Morrison : requesting rezoning from "MHSD" Mobile Home Subdivision to "RM-1" multifamily for property located in part of Sections 3 & 10, T51S, R25E which is located on the north side of Henderson Drive , East of SR 951 . (Community Development) , � N. Petition CCCL-80-6C, INK Engineering , Inc . for Vanderbilt . Surf Colony Associates , Ltd. : requesting a variance from the Coastal Construction Control Line for Lot 5, Block A Baker Carroll Point, Unit No. 2. (Community Development) il 0. Petition CCCL-80-7-C, Sunset House, Inc. : requesting a varianc^. to place additional rip-rap, increase height of t seawall and replace walkway on land located at 220 Seaview • Court , Marco Island. (Community Development) • Agenda Page 3 • September 9, 1980 _..K 055 PACEI 93mendment to Ordinance 80-18 to correct language of the • Planned unit Development document adopted for Barnett • .c Banks & Trust Company for property located in Section 32 , T5OS , R25E , across from Naples Manor. (Community Development) Q. Petition to vacate a 30 foot access easement , 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) R. Creation of the Bay Street Improvement District , advertisement for bids and acceptance of preliminary assessment roll for same and most southerly 270 feet of Fern Drive. (Public Works) S. An ordinance amending Ordinance No . 80-40; by amending Section 1 (2) of said Ordinance to exclude all Malayan Coconut Palms from the definition of coconut palms; by repealing Section 2(2) of said ordinance to allow the sale of Jamaican Palms. (Assistant County Attorney) 8. OLD BUSINE3 9. REQUESTS FOR ADVERTISING A. Petition SMP-80-3-C, Coastal Engineering representing North Naples Industrial Park : requesting subdivision master plan approval on part of the NW 1/4 of the SE 1/4 of Section 10, T48S, R25E lying between Old US 41 and ACL Railway south of Shellbar Commercial Business. ( 10/7/80) B. Petition R-80-29-C , Robert Smith representing Timothy Hains , Trustee : requesting rezoning from "A" Agriculture to "RM-1 " multifamily on property in the NW 1/4 of the SE 1 /4 of Section 16, T48S , R25E which is located on the north side of Pan Am Drive, 125 feet east of Fish Camp A Road. (10/21 /80) C. Petition V-80-12-C, E. Thomas Parvis : requesting a variance to construct a duplex on Lot 4 , Block 12 , Unit 1 , Golden Gate City , from the required 13 ,000 square feet of land area . (9/30/80) �Cr e a Agenc ' . . C_ i �l • Page 4 September 9, 1980 10. COUNTY MANAGER'S REPORT A. CETA (1 ) Recommendation by CETA Director for Board approval of Fiscal Year 1981 CETA contracts . J B. COMMUNITY DEVELOPMENT '. ( 1 ) Resolutions to recover funds expended by the County to abate a public nuisance (+•'t^ds and vegetation) nn , (a) Tax Parcel #64 , Sec. 12, T51S , R26E, as further described in O. R. Book 780, Page 1129 of the official records of Collier County and further being known as Lots 42 and 43, of the Sunshine Mobile Home Park. (b) Lot 44 of the Sunshine Mobile Home Park, being described as the lJy of Tax Parcel #52 , Section 12, T51S, R26E, as said parcel #52 being further described in O. R. Book 685, Page 1054. C. PUBLIC WORKS (1 ) Request for authorization to issue Water Well Permits : . (a) Two 121/4" wells , Nos . 65. 397A & 65.3976, Exxon Corporation--Section 4 , T47S, R30E. (b) Two 124" wells , Nos . 65 . 398A and 65. 398B , Exxon Corporation--Section 35 , T48S , R29E. (2) Recommendation to approve supplemental agreements to Annual Abstract and Closing Services Agreement for road right-of-way acquisition to provide for insured Closing Service Letters. (3) Recommendation to accept property dedicated to Collier County by Cardamar , Inc . for road construction purposes . (4) Resolution calling for a referendum on Nov. 4, 1980 I to determine if the voters of Collier County favor " ' - the use of local tax funds to partially subsidize a 1 public transit system. ^ Agenda Page 5 September 9, 1980 BUCK 0555 PACE195 12. UTILITIES MANAGER' S REPORT A. COUNTY WATER-SEWER DISTRICT ( 1 ) Willoughby Acres Water and Sewer Improvements - Operating Budget. (2) County Regional Water System - Consultant ' s contract additional services. (3) County Water Division - Renewal of Warehouse Lease B. GOODLAND. WATER DISTRICT ( 1 ) Storage Tank and repumping station site, quit-claim deed from DOT. 13. COUNTY ATTORNEY ' S REPORT 14. CLERK TO T' .. 2 '..:D' SRr''nRT A. Payment of bills B. Budget Amendments C. Other 15. BOARD OF COUNTY COMMISSIONERS 16. MISCELLANEOUS CORRESPONDENCE 17. NEW BUSINESS 18. PUBLIC PETITIONS 19. ADJOURN i 1..___3 t _t September 9, 1980 AGENDA - APPROVED WITH ADDITIONS Commissioner Archer moved, seconded by Commissioner Pistor and carried 4/0 with Commissioner Brown not present, that the agenda be approved with • the following additions: 1. Proposed resolution requesting assistance in funding improvements to access roads serving the Hendry Correctional Institution. 2. Authorization for Chairman to sign Local Civil Pre- paredness Annual Program Paper. 3. Selection of Architect for proposed North Branch of Collier County Free Public Library. 4. Request for waiver of bid process for purchase of additional memory re CJIS. 5. Approval of schedule of Budget Reviews. 6. Petition to vacate 30' access easement for property located east of Davis Blvd. and Airport Road inter- section. (See action for continuance taken later in Session) 7. Recommendation from County Attorney re settlement of lawsuits ner*wining to Double Taxation Adik. MINUTES OF AUGUST 5, 1980 MEETING - APPROVED Commissioner Archer moved, seconded by Commissioner Pistor and carried 4/0 with Commissioner Brown not present, that the minutes of the meeting of August 5, 1980 be approved as submitted. Before officially opening the Board proceedings with regard to public hearings, Chairman Wenzel announced that, due to the fact that Commissioner Brown was detained in Inmokalee and could not be present until later in the Session, matters to be heard which require a 4/5 vote of the Board would be held up until Commissioner Brown's arrival . * * * RESOLUTION 80-172-A RE PETITION BD-80-2C, JOSEPH E. WATERS, REQUESTING EXTENSION OF BOAT DOCK TO 29' ON LOT 11 , BLOCK 403, UNIT 13, MARCO ISLAND - ADOPTED Legal notice having been published in the Marco Island Eagle on August 21, 1980 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition BD-80-2C, filed by Joseph E. Waters, represented by Allied Crane Service, requesting an exten- lion of a boat dock to 29' on Lot 11, Block 403, Unit 13, Marco Island. C • September 9, 1980 anox Ck55PACF11r7 • Planner Lee Layne explained that the requested dock length is necessary for protection of the docked boat, and the Environmental Consultant has found that there will be no environmental degradation or hazard to safety or navigation if the extension is approved. It is 11 the recommendation of the staff, and the Coastal Area Planning Commis- ;ion, ' -,t the petition ,proved, said Commissioner Pistor acknowledged his familiarity with the problem being encountered by the petitioner, commenting that the dock is in a wide waterway, with the channel marked, and said that if boaters stay in the channel, the dock will pose no interference and will provide protection from wake caused by speeding boaters. There were no persons registered to address the subject with the exception of the petitioner who was present to respond to questions, if 4 any, from the Board, whereupon Commissioner Wimer moved, seconded by 1 Comrr"."--••- -;stor -4 carried 4/0 .. ^^_ 7rown not p that the public hearing be closed. Commissioner Pistor moved, seconded by Commissioner Wimer and carried 4/0 with Commissioner Brown not present, that Resolution 80-172-A regarding Petition BD-80-2C, as detailed above, be adopted. * • * * * t I Il I I ,A • • September 9, 1980 • RESOLUTION NO.8Q2-1 . L . Relating to Petition Number BD-80-2C For An Extension Of A Boat Dock On Property Hereinafter Described in Collier County, Florida. • WHEREAS, the Legislature of the State of Florida in Chapter 125 and 163, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public, and WHEREAS, the county pursuant thereto has adopted a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances, and • WHEREAS, the Board of County Commissioners, being the duly elected constituted board for the area hereby affected, has held a public hearing after notice as in said regulations made and proviucu, and has considercu • the advisability of an extension of a boat dock up to 29 feet in length in an RS-3 zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement has been made concerning all applicable mat- ters required by said regulations and in accordance with Section 8, Paragraph 30 of the Zoning Regulations for the Coastal Area Planning District, and WHEREAS, all interested parties have been given opportunity to be • heard by this Board in public meeting assembled and the Board having considered all matters presented, NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY CON11SSIONERS of Collier County, Florida, that the petition of Joseph F. Waters • represented by Allied Crane Service with respect to the property i hereinafter described as: . Lots 1]., Block 403, Unit 13, Marco Island be and the same hereby is approved for an c::tcnsion of a beat. clod; the zoning district wherein said prope/r�lyy�in loc♦attedd, subject to the following; conditions: B0,6 057 PA;E198 NONE. p, '4* 4f,k ,_ .' a, ..V.. , t 44 ,‘7't )•,,,.. A 055 MEIN September 9, 1980 BE IT .FURTIIER RESOLVED that this resolution relating to Petition Number BD-80-2-C he recorded in the minutes of this Board. Commissioner Pistor offered the foregoing resolution and moved its adoption, seconded by Commissioner ?imer and upon roll call the vote was: AYES: Commissioners Pistor, Wimer, Archer and Wenzel NAYS: None ABSENT MD NOT VOTING: Commissioner Brown ABSTENTION: None Done this 9th__ day of September , 198Q . • ATTF. t:IriT n BOARD OF COUNTY COMMISSIONERS ,HT�.LIAl�i".T,::F;�AGAN, CLERK COLLIER COUNTY, FLORIDA lizgini Cl . Cha;v•. ._ ,^ 1 MLL/ke/6-G Planning Dept. 6/23/80 • • • • • 0 l • September 9, 1980 RESOLUTION 80-173 RE PETITION BD-80-3C, PAT PARKER, REQUESTING EXTENSION • OF BOAT DOCK TO 35' ON LOTS 7 AND 8, BLOCK 1 , OLD MARCO - ADOPTED Legal notice having been published in the Marco Island Eagle on • August 21 , 1980 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition BD-80-3C, filed by Pat Parker, represented by Marco Dock & Pile, requesting approval of a boat au:k extension to J4 vH Lots 7 and 8, nut- 1 , Old Marco. • Planner Lee Layne advised that the dock extension is 15 feet over the 20 feet maximum length that can be approved by the Zoning Director. She said that the extra length will accommodate mooring pilings that are necessary for safe mooring, adding that the Environmental Consultant has reviewed the request and has determined that it will not present any hazard to navigation or cause any environmental degradation if granted. It is the recommendation of the Coastal Area Planning Commission, and the staff, that the petition be approved, said Ms. Layne. There have been no rd.sed c. : the CAPC hc� . :.. _ - ' to any of *."^ dock petitions being heard this date, concluded Ms. Layne. There being no response to Chairman Wenzel 's invitation for comments from the public, Commissioner Archer moved, seconded by Commissioner Pistor and carried 4/0 with Commissioner Brown not present, that the public hearing be closed. Commissioner Archer moved to accept the staff recommendation and for adoption of Resolution 80-173 with regard to Petition BD-80-3C, as re- viewed above. The motion was seconded by Commissioner Wimer and carried 4/0 with Commissioner Brown not present. • September 9, 1980 RESOLUTION NO. 80-173 BOOK 055 PACE201. Relating to Petition Number 13D-80-3C _ ----For An Extension Of A Boat clock On Property Iereinafter De:cribed in Collier County, Florida. WHEREAS, the Legislature of the State of Florida in Chapter 125 and 163, )Florida Statutes, has conferred on all counties in ri.urida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public, and WHEREAS, the county pursuant thereto has adopted a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances, and WHEREAS, the Board of County Commissioners, being the duly elected constituted board for the area hereby affected, has held a public hearing • after notice as in said regulal.lullb made and provlu.; , ,.unsidered the advisability of an extension of a boat dock up to 35 feet in length in an RS-4 zone for the property ' hereinafter described, and has found as a matter of fact that satisfactory • . provision and arrangement has been made concerning all applicable mat- ters required by said regulations and in accordance with Section 8, Paragraph 30 of the Zoning Regulations for the Coastal Area Planning District, and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled and the Board having considered all matters presented, • NOW THEREFORE, BE IT RESOLVED BY TILE BOARD OF COUNTY CONHISSIONERS of Collier County, Florida, that the petition of Pat Par} .; represented by Marco Dock & 4 Pile with respect to the property hereinafter described as: Lots 7 and 0, Block 1, Old Marco be and the same hereby is approved for an extension of a boat dock in the zoning district wherein said property is located, subject to the following conditions: NONE • 1. September 9, 1980 BE IT TUR'1'fER RESOLVED that this resolution relating to Petition Number ____BD O-3-C._ be recorded in the minutes of this Board. Commissioner_ Arch r offered the foregoing resolution and moved its adoption, seconded by Commissioner I1imPr and upon roll call the vote was: AYES: Commissioners Archer, Wimer, Pistor and Wenzel NAYS: None ABSENT AND NOT VOTING: Commissioner Brown ABSTENTION: None ' Done this _211 day of September , I98Q_. • ATTESTG;)ri;j�) , BOARD OF COUNTY COMMISSIONERS WILLIAM '.1..,REAGAN, CLERK COLLIER COUNTY, FLORIDA • .) Y •c• • 8 46.1600 0./4. . �'. •' rg 1 a 'agr 7 Chair, 'i. '. eput . ' Cie t* 11'0�` MLL/ke/6-G Planning Dept. 6/23/80 056 PACE I�n B00'R September 9, 1980 RESOLUTION 80-174 RE PETITION BD-80-4C, DON RIDDLE, REQUESTING EXTENSION OF BOAT DOCK 30' ON LOT 282, UNIT 2, ISLES OF CAPRI - ADOPTED Legal notice having been published in the Marco Island Eagle on August 21, 1980 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition BD-80-4C, filed by • Don Riddle, represented by Collier Marine, requesting an extension of a boat dock 30 feet on Lot 282, Unit 2, Isles of Capri . Planner Lee Layne explained that the additional length being requested is necessary for boat docking and will negate the necessity for dredging, adding the comment that the Environmental Consultant has reviewed the petition and has recommended approval . Approval is also being recommended by the Coastal Area Planning Commission and by the staff, concluded Ms. Layne. There were no persons registered to offer comments on the petition, whereupon Commissoner Archer moved, seconded by Commissioner Pistor and carried 4/0 with Commissioner Brown not present, that use public hearing be closed. Commissioner Wimer moved, seconded by Commissioner Pistor and carried 4/0 with Commissioner Brown not present, that Resolution 80-174 with regard to Petition BD-80-4C, be adopted. 1 * * • September 9, 1980 • RESOLUTION NO. � . . N Relating to Petition Number BD-80-4C For An Extension Of A Boat Dock On Property Hereinafter Described in Collier County, Florida. • WHEREAS, the Legislature of the State of Florida in Chapter 125 and iii3, Fiurida St_:.utes, has conic, i".' of. all count.i�^ '.1 Florida the power to establish, coordinate and enforce zoning and such business regulations as arc necessary for the protection of the public, and 1 ' : ..; WHEREAS, the county pursuant thereto has adopted a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances, and WHEREAS, the Board of County Commissioners, being the duly elected constituted board for the area hereby affected, has held a public hearing • after notice .. _. sad ref..- - • ;ons made anv' •"''°'" n^'' has considered the advisability of an extension of a boat dock up to 30 feet in length in an _ RS-4 zone for the property hereinafter described, and has found as a matter of fact that satisfactory . provision and arrangement has been made concerning all applicable mat- ' ters required by said regulations and in accordance with Section 8, . , Paragraph 30 of the Zoning Regulations for the Coastal Area Planning District, and . WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled and the Board having considered all matters presented, , NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMP1ISSIONERS . of Collier County, Florida, that the petition of Don Riddle _ represented by Corner Maxine, Inc. with respect to the property hereinafter described as: • Lot 282, Unit 2, Isles of Capri • • be and the same hereby i:, npprevcd for an cxtcnsion of a boat dock in .. . • the zoning dintriet wherein said property in located, subject to the • following conditions: • o',n n • n,. 9AA. . • September 9, 1980 PA,GEIWD BE IT TURT1tKR RESOLVED that this resolution relating to Petition Number IInR(l � be recorded in the minutes of this Board. • Commissioner[Iime.L— offered the foregoing resolution and moved its adoption, seconded by Commissioner_ pastor and upon roll call the vote was: AYES: Commissioners Wimer, Pistor, Archer and Wenzel NAYS: None ABSENT AND NOT VOTING: Commissioner Brown ABSTENTION: None • Done this 9th • day of Sentem r_ _., 198Q_• ATTEST:] , BOARD OF COUNTY COMMISSIONERS WILLIAM J: REAGAN, CLERK COLLIER COUNTY, FLORIDA gy egge6A„)2-- _, . Virg iR Chai- r Deputy Clerk NLL/ke/6-G Planning Dept. 6/23/80 • ,1 U I ) l September 9, 1980 RESOLUTION 80-175 RE PETITION BD-80-5C, FRANCIS SHAW, REQUESTING EXTENSION OF BOAT DOCK TO 63' ON LOTS 102 AND 103, UNIT 1 , ISLES OF CAPRI - ADOPTED Legal notice having been published in the Marco Island Eagle on August 21 , 1980 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition BD-80-5C, filed by Francis Shaw, repre- sented by Collier Marine, Inc. , requesting an extension of a boat dock to 63' on Lots 102 and 103, Unit 1 , Isles of Capri . Planner Lee Layne apprised the Board that since the dock is over the 20' maximum length the request required public hearings, noting that the Coastal Area Planning Commission held their public hearing on the petition on August 21 , 1980 and recommended approval to the Board, as does the staff. Continuing, Ms. Layne said that the additional length is necessary for docking and navi- gation and will protect the sea grasses growing near the seawall . Pursuant to his review of the petition, said Ms. Layne, the Environmental Consultant also recommends that the petition be approved. There being no registrants indicating a desire to address the petition, Commissioner Wimer moved, seconded by Commissioner Archer and carried 4/u with • Commissioner Brown not present, that the public hearing be closed. Commissioner Archer moved, seconded by Commissioner Wimer and carried 4/0 with Commissioner Brown not present, that Resolution 80-175 with regard to Petition BD-80-5C, filed by Francis Shaw, be adopted. 4 * * A September 9, 1980 • 'RESOLUTION NO. _80-175 . 055 PAcE2O7 . 1 Relating to Petition Number BD-80-5C _. For An Extension Of A Boat Dock On Property Hereinafter Described in . a: Collthr County, Florida. I. WHEREAS, the Legislature of the State of Florida in Chapter 125 and •• • y 1 163, Florida Statutes, has conferred on all counties in Florida the M power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public, and WHEREAS, the county pursuant thereto has adopted a Comprehensive • • Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of • variances, and - " . W EREAS, the Board of County Commissioners, being the duly elected - „ constituted board for the area hereby affected, has held a public hearing • after notice as in said regulations made and provided, and has considered ' in feet the advisability of an extension of a boat dock up to 63 f . length in an RS-4 zone for the property hereinafter described, and has found as a matter of fact that satisfactory ' . _ provision and arrangement has been made concerning all applicable mat- ters required by said regulations and in accordance with Section 8, Paragraph 30 of the Zoning Regulations for the •Coastal Area Planning District, and ' WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled and the Board having _. _._ • Iconsidered all matters presented, NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS _Y of Collier County, Florida, that the petition of Fra cis Shaw S. __represented by Collier Marine, Inc. iv V , with respect to the properLy t r. hereinafter described as: ''A • U, LOTS 102 AND 103, UNIT 1, ISLES OF CAPRI q •. be and the same hereby is approved for an extension of a boat dock in the zoning district wherein said property is located, subject to the . follo}rinn onditions: I None r-1 . F, . c September •9, 1980 BE IT •FURTIfl!R RESOLVED that this resolution relating to Petition 4'. Number BD-80-5-C be recorded in the minutes of this Board. 4 Commissioner Archer offered the foregoing resolution and and a on , moved its adoption, seconded by Commissioner Weser P roll call the vote was: is • AYES: Commissioners Archer, Wimer, Pistor and Wenzel NAYS: None ABSENT AND NOT VOTING: Commissioner Brown i ',,f ABSTENTION: None • 9qq' , Done this 9th • day of September , I98_0_. •, ATTEST: BOARD OF COUNTY COMMISSIONERS WILLIAM 3. REAGAN, CLERK COLLIER COUNTY, FLORIDA r ....,„„e 4. , . . . 4 , ., ginil 'Vir +t TMT,r„-4 Chsdr• .. •Dgputy clerlr . ,;, '�ti , LL/Ise/6-G ' 'Planning \Dept. 6/23/80 • 1 i I I i I, MM September 9, 1980 •)%A 055 ME2(0) RESOLUTION 80-176 RE PETITION BD-80-6C, PAUL GRAVER, REQUESTING BOAT DOCK EXTENSION TO 22 FEE1 ON LOT 10, BLOCK "F", LITTLE HICKORY SHORES - ADOPTED Legal notice having been published in the Naples Daily News on August 24, 1980 as evidenced by Affidavit of Publication filed with the Clerk public hearing was held to consider Petition BD-80-6C, filed by Paul Graver, repre- sented by Garland & Garland, requesting boat dock extension to 22 feet on Lot 10, Block "F", Little Hickory Shores. Following brief explanation by Planner Lee Layne regarding the request for additional length, which has met with the approval of the Coastal Area Planning Commission, the Environmental Consultant and staff, the public hearing was closed upon motion by Commissioner Wimer, seconded by Commissioner Archer and carried 4/0 with Commissioner Brown not present. Commissioner Wimer moved, seconded by Commissioner Pistor and carried 4/0 with Commissioner Brown not present, that Resolution 80-176 pertaining to Petition BD-80-6C be adopted. * * * 1 * * * • September'9, 1980 RESOLUTION NO. 80-176 r Relating to Petition Number BD-80-6C For An Extension Of A Boat Dock On Property Hereinafter Described in Collihr County, Florida. - , • WHEREAS, the Legislature of the State of Florida in Chapter 125 and • ) 163, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public, and WHEREAS, the county pursuant thereto has adopted a Comprehensive • Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of ' variances, and WHEREAS, the Board of County Commissioners, being the duly elected �• constituted hnnrd f^r the ar. .• hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of an extension of a boat dock up to 22 feet in length in an RS-4 zone for the property hereinafter described, and has found as a matter of fact that satisfactory • provision and arrangement has been made concerning all applicable mat- ters required by said regulations and in accordance with Section 8, Paragraph 30 of the Zoning Regulations for the Coastal Area Planning District, and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled and the Board having ____ considered all matters presented, • . NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS of Collier County, Florida, that the petition of Paul Graver • represented by Garland & Garland with respect to the property hereinafter described as: Lot 10, Block F, Little Hickory Shores be and the same hereby is approved for an extension of a boat dock in the zoning district wherein said property in located, subject to the r1 • . • following condition::: BOOK 2�,,^^ • ti' None OW PACE 2.V k n�A September 9, 1980 BOOK U PAGE IG1J» BE IT TURTIIER RESOLVED that this resolution relating to Petition Number BD-80-6C _ be recorded in the minutes of this Board. Commissioner Wiener offered the foregoing resolution and moved its adoption, seconded by Commissioner Pistor and upon roll call the vote was: AYES: Commissioners Wiener, Pistor, Archer and Wenzel NAYS: None ABSENT AND NOT VOTING: Commissioner Brown ABSTENTION: None Done this 9th day of September , 198 0 . ATTEST: BOARD OF COUNTY COMMISSIONERS VILL1A ,:3,: REAGAN, CLERK COLLIER COUNTY, FLORIDA • YFRTITi%..-3 O' Cha ' /. n • Deputy Clerk fiLL1W6-G Planning Dept. 6/23/80 I C.11 101 II:31 September 9, 1980 RESOLUTION 80-177 RE PETITION BD-80-7C, MR. MOSSBOUGH, REQUESTING EXTENSION OF BOAT DOCK TO 24 FEET ON LOT 627, UNIT 3, ISLES OF CAPRI SUBDIVISION - ADOPTED Legal notice having been published in the Marco Island Eagle on August 21, 1980 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition BD-80-7C, filed by Mr. Mossbough, represented by Collier Marine, requesting an extension of a boat dock to 24 feet on Lot 627, Unit 3, Isles of Capri Subdivision. It was explained by Planner Lee Layne that the petitioner is handi- capped and requires the additional length so the boat dock can be ramped for wheelchair access. The petition has met with approval by the Coastal Area Planning Commission, the Environmental Consultant and the staff, concluded Ms. Layne. With no persons in attendance registered to comment on the petition, Commissioner Wimer moved, seconded by Commissioner dr1u carried 4/u with Commissioner Brown not present, that the public hearing be closed. Commissioner Archer moved, seconded by Commissioner Wimer and carried 4/0 with Commissioner Brown not present, that Resolution 80-178 pertaining to Petition BD-80-7C be adopted. * * September 9, 1980 • RESOLUTION NO. 80-177 ,, 055 PACE 213 A . Relating to Petition Number BD-80-7C For An Extension Of A Boat Dock On Property Hereinafter Described in Collier County, Florida. , WHEREAS,EREAS, the Legislature of the State of Florida in Chapter 125 and • 163, Florida Statutes, has conferred on all countica in Florida the r power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public, and ' WHEREAS, the county pursuant thereto has adopted a Comprehensive • Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances, and WHEREAS, the Board of County Commissioners, being the duly elected constituted board for the area hereby affected, has held a public hearing M • .after notice as in said regulations made and provideu, uas considered • the advisability of an extension of a boat dock up to 24 feet in length in an _ RS-4 zone for the property • hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement has been made concerning all applicable mat- +"' • tars required by said regulations and in accordance with Section 8, Paragraph 30 of the Zoning Regulations for the Coastal Area Planning District, and • 1 WHEREAS, all interested parties have• been given opportunity to be heard by this Board in public meeting assembled and the Board having . . 1 considered all matters presented, NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS ' of Collier County, Florida, that the petition of Mr. Mossbough • represented by Collier Marine o with respect to the property i hereinafter described as: Lot 627, Unit 3, Isles of Capri Subdivision be and the same hereby is approved for an e::tension of a boat dock in the zoning district wherein said property is located, subject to the 1 following conditions: • [) D1one r 17.771 September 9, 1980 • BE IT•FURTHER RESOLVED that this resolution relating to Petition Number BD-80-7-C be recorded in the minutes of this Board. _ { Commissioner Archer offered the foregoing resolution and • Moved its adoption, seconded by Commissioner 1'limer and upon roll call the vote was: AYES: Commissioners Archer, Wimer, Pistor and Wenzel • goleirreal, ' ; NAYS: None • ABSENT AND NOT VOTING: Commissioner Brown '' ABSTENTION: None Done this 9th • day of September , 198 ATTFST: BOARD OF COUNTY COMMISSIONERS • ' WILLIAM J. REAGAN, CLERK COLLIER COUNTY, FLORIDA ' '}t) .,, IJ �1 • �' . —17-171,A r i,ingl Chalanpn, U --�- --► Deputy,',:Clerk -- 1'la'tiuing Dept. . . 6/23/80 • _ . . Y • eNIK 055 214 PAGE BOOX 055 PACE; .LU September 9, 1980 RESOLUTION 80-178 CREATING FERN DRIVE AND BAY STREET IMPROVEMENT DISTRICT - ADOPTED; PRELIMINARY ASSESSMENT ROLL AND AUTHORIZATION TO ADVERTISE FOR BIDS - APPROVED Legal notice having been advertised in the Naples Daily News on August 19, 1980 as evidenced by Affidavit of Publication filed with the Clerk. public hearing was oper.Pd to consider the rroation of the Fern Drive and Bay Street Improvement District. Public Works Administrator/Engineer Barksdale reported that a petition from the property owners along Bay Street and the southerly portion of Fern Drive was presented to the Board on April 29, 1980 and accepted. He said that the signatures on the petition were verified and it was found that 69% of the property owners had signed the petition for improvement to the roadways which he said are constructed of limerock and in extremely poor condition. A preliminary assessment roll has been prepared, said Mr. Barksdale. and it has been estimated that there are 3.204.52 front feet of roadway involved with the roll totaling $61,249.98, or $19.11362 per front foot. Mr. Steven Lulich, resident of the pertinent area, said that he represents most of the persons who signed the petition, all of whom would • like to have the road paved quickly. He asked the Board to consider the final assessment scheduled for payment in ten years instead of seven years, as proposed. Mr. Edward J. Kant, representing the Collier Development Corp. , stated that his firm owns a large parcel of the land involved and that at the } present time they are not interested in having the work done since, at this time, they have no reason to promote the development of the parcel. He pointed out that, in their opinion, the method of assessment is unfair and inequitable since almost 54% of the cost would be borne by one property owner. Recognizing the fact that 69% of the owners signed the petition, Mr. Kant said that they represent a relatively small proportion of the actual property owned in the area and, on that basis, his firm is opposed to the creation of the subject district at the present time and to the present assessment basis. Mr. Barksdale September 9, 1980 IN ' t voiced concurrence with Mr. Kant's statements regarding the holdings of his firm, pointing out on the map provided the location of their parcel ' and the 1,719 front footages of the roadway. Discussion followed concerning the increased value of the properties involved following the improvements under discussion with Mr. Kant disagreeing with the statement that the assessment could be invested with greater return. Responding to Commissioner Pistor, Mr. Kant said that there are not plans for developing the land now; however, he said that he could not represent what might possibly occur in the future. Mr. John Pace, Jr. , Bay Street resident, urged the Board to consider favorably the request for the district, as did Ms. Eileen Spector, also a Bay Street property owner. All proponents and opponents having been heard, Commissioner Wimer moved, seconded by Commissioner Pistor and carried 4/0 with Commissioner Brown not present, that the public hearing be closed. Commissioner Wimer moved, seconded by Commissioner Pistor and carried 4/0 with Commissioner Brown not present, that Resolution 80-178 creating the Fern Drive and Bay Street Improvement District be adopted, and that the Preliminary Assessment Roll be approved; and, further, that advertising for bids for the project be authorized. * * * * * ,r f,, ' 61;615s4 O.R. 882 PG 1510 ;;cr I I II ]3 E,,; '65 RESOLUTION NO. 80- 178 September 9, 1980 ;.t PACEZ7SOLUTION CREATING A PAVING DISTRICT FOR THE MOST SOUTHERLY 270 FEET OF FERN DRIVE AND BAY STREET FOR APPROXIMATELY 1 ,639.76 LINEAL FEET : LEGAL DESCRIP- TION CONTAINED WITHIN • WHEREAS , it has been requested of the Board of County Commissioners that paving improvements be made to the street named the most southerly 270 feet of Fern Drive and Bay Street for approximately 1 ,639.76 lineal feet , having t.,.e following leyar description : Those lots 1 through 10, inclusive and lots 34 through 56 , inclusive of Naples Bayview Addition No . 1 as re- corded in Plat Book 4, Page 20 of the Official Records of Collier County, Florida also the South 1i of the East 11 of the Northwest 4 and the South 1 of the South 11 of the Southwest 1/4 of the Northwest 4 of Section 23 , Town- ship 50 South , Range 25 East, Collier County , Florida . WHEREAS , the Board of County Commissioners on April 29 , 1980 , re- ceived a petition from the property owners along the southern portion of Fern Drive and Bay Street requesting that the road be constructed to County stanuaros and ...,u ,J be eligible ro, County multi ..., 11 ..: , and WHEREAS , the Board of County Commissioners on July 29, 1980, • directed the staff to schedule a public hearing for Sept. 9, 1980 , in the Boardroom, Building F , Collier County Courthouse regarding the creation of a paving improvement district and a tentative assessment roll for the improvements to the southerly 270 feet of Fern Drive and Bay • Street for approximately 1 ,639.76 lineal feet and the County Engineer presented a report and assessment to the Board showing an estimated total cost of 461 ,249.98 with an arproximate front foot cost of 519.11362 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 Sept. 9, 1980, to consider said paving improvement project, and each of the owners of the properties to he benefitted was notified of • the hearing 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 ( ---. ; CI Q O.R. 8821E3 1511 September 9, 1980 WHEREAS , the public hearing has been held this 9th day .of . •• m Septe ber , 1980, and at which time it was concluded agreeable 1 .� to said notice and to law, and after no objections having been filed or all objections having been overruled 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 ; NOW , THEREFORE , BE ?T 2ESOLVED AND ^"^FRED that a paving im- t 4 '° provement district for the southerly 270 feet of Fern Drive and Bay • '- h .. street for approximately 1 ,639.76 lineal feet is hereby created, and shall be known as the "Southerly 270 Feet of Fern Drive and Bay Street Paving Improvement District" , and BE IT FURTHER RESOLVED AND ORDERED that the paving be paid by special • assessment under the provision of Collier County Ordinance No . 75-14. Commissioner Wimer offered the foregoing resolution and moved its adoption , which was seconded by Commissioner Pistor • 4 and upon ' " :..' 1 thr %tote was : AYES: Commissioners Wimer, Pistor, Archer and Wenzel NAYS: None ABSENT AND NOT VOTING: Commissioner Archer . DONE AND ORDERED THIS 9th day of September , 1980. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY , FLORIDA i B y ( / 40,,a // H' I RM N ATTEST : WILLIAM J . REAGAN , CLERK 5;1 A f 4$'4 kt 4(1 __. D. C . September 9, 1980 GR PAGED • ORDINANCE 80-87 AMENDING ORDINANCE 80-40 RE LETHAL YELLOWING TO EXCLUDE MALAYAN COCONUT PALMS AND TO PERMIT THE SALE OF JAMAICAN TALLS - ADOPTED Legal notice having been published in the Naples Daily News on August 20, 1980 as evidenced by Affidavit of Publication field with the Clerk, public hearing was opened to consider a proposed ordinance amending Lethal Yellowing Ordinance 80-40, Section One (2) to exclude all Malayan Coconut Palms from the definition of coconut palms, and by repealing Section Two (2) of subject Ordinance to allow the sale of Jamaican Talls. Assistant County Attorney Pires recalled that the amended ordinance was drafted at Board direction following the filing of a protest by The Glades, Inc. which was addressed approximately two months previously. He explained why the two species named could be excluded from the prohibitions in the original Ordi- nance. There being no persons in attendance to provide input on the subject, Commissioner Wimer moved, seconded by Commissioner Pistor and carried 4/0 with Commissioner Brown not present, that the public hearing be closed. Commissioner Wimer moved, seconded by Commissioner Pistor and carried 4/0 with Commissioner Brown not present, that the Ordinance, as numbered and entitled below, be adopted and entered into Ordinance Book No. 12. ORDINANCE NO. 80- 87 AN ORDINANCE AMENDING ORDINANCE NO. 80-40; BY AMENDING SECTION ONE (2) OF SAID . ORDINANCE TO EXCLUDE ALL MALAYAN COCONUT PALMS FROM THE DEFINITION OF COCONUT PALMS; BY REPEALING SECTION TWO (2) OF SAID ORDINANCE TO ALLOW THE SALE OF JAMAICAN TALLS; PROVIDING FOR THE RENUMBERING OF THE SECTIONS IN ORDINANCE 80-40; PROVIDING FOR CONFLICT AND SEVERANCE; PROVIDING FOR AN EFFECTIVE DATE. i September 9, 1980 PETITION CCCL-80-6C, INK ENGINEERING, INC. FOR VANDERBILT SURF COLONY ASSOCIATES, LTD. , REQUESTING A VARIANCE FROM THE COASTAL CONSTRUCTION CONTROL LINE FOR LOT 5, BLOCK A, BAKER-CARROLL POINT, UNIT NO. 2 - DENIED Legal notice having been published in the Naples Daily News on August 24, 1980 as evidenced by Affidavit of Publication filed with the • Clerk, public hearing was opened to consider Petition CCCL-80-6C, filed by Ink Engineering, Inc. , for Vanderbilt Surf Colony Associates, Ltd. , requesting a variance from the Coastal Construction Control Line for Lot 5, Block A, Baker-Carroll Point, Unit No. 2. Staff Environmental Consultant Jay Harmic advised that the petition has been filed in order to permit the placement of sod to create a lawn • 110+ feet seaward of the State established Coastal Construction Control Line which he said will provide protection from wind and water erosion, and provide a more stable pedestrian access to the beach for the residents living in the project. During the discussion which followed the introduction of the petition, such matters as the type of sod to be planted, whether or not it would be salt-resistant and storm-resistant, and the like were addressed, as well as the possibility that sod could wash out during a storm surge. There were no persons expressing the intent to comment on the petition, whereupon Commissioner Wimer moved, seconded by Commissioner Pistor and carried 4/0 with Commission Brown not present, that the public hearing be closed. Commissioner Wimer moved for denial of the petition with Commissioner Archer seconding the motion. Commissioner Archer inquired if Bahia sod would be used with Dr. Harmic responding that he presumes so but could not be certain. It was noted that the petitioner was not, as yet, in attendance, although Dr. Harmic advised that he had been notified of the hearing. At this point, Commissioner Wimer withdrew his motion and Commissioner Archer his seconding thereof to await the arrival of the petitioner's representative. September 9, 1980 B^,Jit 055 PAGE 222. Later in the Session, County Manager Norman advised that he has learned from a representative of Vanderbilt Surf Colony Associates, Ltd. that • the plan is to use Floritam sod as opposed to Bahia, which he suggested was being mentioned in the event this information could affect the Board's ucuisior,. Still later in the Session, noting that the applicant had still not arrived, Commissioner Wimer moved, seconded by Commissioner Archer and carried 4/0 with Commission Brown not present, that Petition CCCL-80-6C be denied. Commissioner Wimer observed that if the applicant so desires he has the right to appeal the action of the Board at a later date. RESOLUTION 80-179 RE PETITION CCCL-80-7C, SUNSET HOUSE, INC. , REQUESTING A VARIANCE TO PLACE ADDITIONAL RIPRAP, INCREASE SEAWALL HEIGHT, AND REPLACE WALKWAY ON LAND LOCATED AT 220 SEAVIEW COURT, MARCO ISLAND - ADOPTED, PURSUANT TO STAFF STIPULATIONS SET FORTH THEREIN, AND SUBJECT TO REVIEW BY COUNTY ATTORNEY AND CORRECTION OF MINOR LANGUAGE CHANGES, IF NECESSARY Legal notices having been published in the Naples Daily News on August 24, 1980, and in the Marco Island Eagle on August 21, 1980 as evidenced by Affidavits of Publication filed with the Clerk, public hearing was opened to consider Petition CCCL-80-7C, filed by Sunset House, Inc. , to permit the stabilization of existing seawalls and to provide beach pedestrian access on property located at 220 Seaview Court, Marco island. Dr. Jay Harmic, Staff Environmental Consultant, explained that the seawall on the subject property is in such bad shape that is in danger of toppling into the Gulf and it is his recommendation that the petition be granted. • Commissioner Pistor informed the Board that he has received inquiries from persons living on the ground floors of the condominium buildings on the beach questioning whether the County has the right to require beach walkways such as the one under discussion. Assistant County Attorney Pires replied that, basically, the County has the right to provide the citizens ; with access to the beach and use of facilities and said that it is his understanding that most of the seawalls would be intruding into the area of persons walking on the beach. Such requirement, Attorney Pires continued, September 9, 1980 is part of the County's protection of the public interest. Dr. M. F. White, Sunset House resident, commented that the main purpose for putting a walkway on top of the seawall is so that at high tide people can walk on the beach. He noted that the adjacent complexes have this provision and by approving their request a continuous walkway 11 be Nrovidc_ . Mr. Walter R. Smith, also a resident of subject condominium, said that there is already a walkway but it is lower than the others, not as level , and not as well-built; there are no changes being requested - merely a request to improve the facility. Mr. W. H. Jones, Sunset House resident, voiced his support for the project and displayed pictures and a blueprint to illustrate the condition of the seawall and the proposed plan. Mr. A. E. Pent, condominium Maintenance Manager, also supported the petition, cc;:_ .. .11dt it •^nroval will p. . , ' `'- : aintenanct- There were no questions from the Board and no further persons to speak on the subject, whereupon Commissioner Pistor moved, seconded by Commissioner Archer and carried 4/0 with Commissioner Brown not present, that the public hearing be closed. County Manager Norman recommended that the Attorney's office be directed to review the resolution due to the fact that there are some words contained therein which need clarifying; however, he said they were not of such magnitude that action should be deferred for this purpose. Commissioner Pistor moved that Resolution 80-179 regarding Petition CCCL-80-7C, as detailed above, be adopted, subject to the stipulations contained therein, and that the County Attorney review the Resolution and make minor language corrections in the wording, if necessary. The motion was seconded by Commissioner Archer and carried 4/0 with Commissioner Brown not present. • d3:.R 055 PACE September 9, 1980 RESOLUTION 80 - 179 ; RELATING TO PETITION CCCL-80-7C FOR A VARIANCE FROM Y. THE COASTAL CONSTRUCTION CONTROL LINE AS REQUIRED <!. • BY ORDINANCE 75-19 WHEREAS, Sunset House, Inc. has requested a variance from • the Coastal Construction Control Line as required in Ordinance 75-19 for the purpose of raising and stabilizing the seawall and for construction of a public access walkway on the following descLibed properly. Land included in the Sunset House property is Tract "D" , Block 590, Marco Beach Unit 22, as recorded in Plat Book 8, pages 29-31 of the Public • Records of Collier County, Florida, containing 5. 31 acres more or less in Sections 17, 18 and 7, Range 26 East Township 52 South. WHEREAS, the Environmental Consultant and the Planning Director have reviewed said petition and have made a determina- tion that the granting of said petition is consistent with the requirements of Ordinance 75-19; and WHEREAS, the Board of County Commissioners has made a finding that the granting of this petition is consistent with the intent and purpose of Ordinance 75-19; NOW, THEREFORE BE IT RESOLVED, by the Board of County • Commissioners of Collier County, Florida, that Petition CCCL-80-7C he and the same is granted subject to the conditions • shown on Exhibit 1, dated July 30, 1980 and bearing the signature of Jay L. Harmic, Ph. D. , County Environmental Consultant, and subject to the following: 1. The granting of the petition is to permit the repair of the seawalls and the placement of rip- ! rap revetments seaward of the seawalls. 2. Petitioner and/or Sunset House, Inc. , their suc- cessors, heirs or assigns either provide and main- tain in perpetuity a walkway at least three (3) feet wide, immediately landward of the seawall cap, in order to guarantee public access. 3. The granting of the variance complies with the general intent and purpos.3 of Ordinance 75-19. • • 1.____I I _I i September 9, 1980 4. Any required variance from the zoning requirements . must be requested by the petitioner and processed through the Board of Zoning Appeals as provided • by law. 5. The granting of this variance shall not be valid unless the petitioner receives a variance from 4` i, the State Cabinet from the State Regulations governing the Coastal Construction Control Line. T BE IT FURTHER RESOLVED, that this Resolution be recorded in the minutes of this Board. Commissioner Pistor offered the foregoing Resolution and moved its adoption, seconded by Commissioner Archer and upon roll call the vote was : AYES: Commissioners Pistor, Archer, Wimer and Wenzel NAYS: None ABSENT AND NOT VOTING: Commissioner Brown • ABSTENTION: None Done this 9th day of September, 1980. • ATTEST: BOARD OF COUNTY COMMISSIONERS WI LIAM J. REAGAN, Clerk COLLIER COUNTY, FLORIDA . •\\`v J A d,C, • By: C eiviedi/fie..------. W enze , hairman Approved as to fqr and legal su icie c P• / , Ar�... / �. .` C� `,, s• . Vbna c worts Collier County Attorney G . q4 Ir r r , . September 9, 1980 ::c 055 PACE 2Z 1� .4 ITE1 >, ) ,,.,,i: "� /Y l' 0)9,77/TED DY '''• 1 /-r1, K .!�_. • . . , . .J, , // e/�•�/:'>//1 ++ I '1f 04E0(ED DY, ElIEET H0.._�� . . Jon . DATE__.,_ %/•;.O 1S1. . !..,t 4- 'I ' ,�" _.� I N.. c...-..\ ,',,1`\,• .,t1•—. . 1' / '� .. `♦ ..._..._-,- Y. \.1 C 1. (I. .. :.1 '' 1,' `,''f 4•I 2\. 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'ye ai 44 ' September 9, 1980 • BGGic 055 PACE 203 PETITION SMP-80-3C, COASTAL ENGINEERING, REPRESENTING NORTH NAPLES INDUSTRIAL PARK, REQUESTING SUBDIVISION MASTER PLAN APPROVAL FOR PROPERTY IN S10, T48S, R25E - ADVERTISING AUTHORIZED FOR PUBLIC HEARING OCTOBER 7, 1980 Commissioner Archer moved, seconded by Commissioner Pistor and carried 4/0 with Commissioner Brown not present, that Petition SMP-80-3C, filed by Coastal Engineering, representing North Naples Industrial Park, requesting a Subdivision Master Plan approval for property located in Section 10, Township 48 South, Range 25 East, be advertised for a public hearing on October 7, 1980. PETITION R-80-29C, ROBERT SMITH, REPRESENTING TIMOTHY RAINS, TRUSTEE, REQUESTING REZONING FROM "A" TO "RM-1" ON PROPERTY IN S16, T48S, R25E - ADVERTISING AUTHORIZED FOR PUBLIC HEARING OCTOBER 21, 1980 Commissioner Archer moved, seconded by Commissioner Pistor and carried 4/0 with Commissioner Brown not present, that Petition R-80-29C, filed by Robert Cmith represerting Timothy Hains. Trustee. requesting rezoning from "A" to "RM-1" for certain property located in Section 16, Township 49 South, Range 25 East, be advertised for a public hearing October 21, 1980. PETITION V-80-12C, E. THOMAS PARVIS, REQUESTING VARIANCE TO CONSTRUCT DUPLEX ON LOT 4, BLOCK 12, UNIT 1 , GOLDEN GATE CITY - ADVERTISING AUTHORIZED FOR PUBLIC HEARING SEPTEMBER 30, 1980 Commissioner Archer moved, seconded by Commissioner Pistor and carried 4/0 with Commissioner Brown not present, that Petition V-80-12C, filed by E. Thomas Parvis, requesting a variance to construct a duplex on Lot 4, Block 12, Unit 1 , Golden Gate City, be advertised for a public hearing September 30, 1980. RESOLUTION 80. 180 TO RECOVER FUNDS EXPENDED BY THE COUNTY TO ABATE A PUBLIC NUISANCE ON LOTS 42 AND 43. SUNSJJNE 00BILE HOME PARK - ADOPTED Commissioner Archer moved, seconded by Commissioner Pistor and carried 4/0 with Commissioner Brown not present, that Resolution 80-180 to recover funds expended by the County to abate a public nuisance on Lots 42 and 43, Sunshine Mobile Home Park, owned by Maria and Jese Homero, be adopted. R-80-180 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE 76-14. WHEREAS, as provided in Ordinance 76-14, the cost of abatement of certain nuisances, including administrative costs actually incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with • r'. a description of said parcel; and WHEREAS, such assessment shall be legal, valid and binding obligations upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty (30) days after the mailing of legal notice of assessment after which interest shall accrue at a rate of sl>, percent (6%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property des- cribed as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of' such abatement, to wit: NAME LEGAL DESCRIPTION COST Maria & Jese Homero Tax Parcel #64 ,Sec. 12,TwI7. $110.00 51 S. ,Rge. 26 E. ,as further e, --tbed in O. - -.1••..t, .791.' Page 1129,of the Official Records of Collier County and further being known as lots 42 and 43 of the Sunshine Mobile Home Park The Clerk of the Board shall mail a notice of the assessment of lien to the owner or owners of the above described property, and, if such owner falls to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be filed in the Office of the Clerk of Courts, in and for Collier County, Florida, to constitute a lien against such property accord- ing to law, unless such direction is stayed by this Board upon appeal of the assessment by the owner. DONE, ORDERED AND ADOPTED this 9th day of September , 1980 after motion, second and roll call vote as follows: Commissioner Archer Motioned and aye 1 Commissioner Pis tor Seconded and aye I I Commissioner Wimer Aye I Commissioner Wenzel Aye I Commissioner Brown Absent ATTEST: (( BOARD OF COUNTY COMMISSIONERS WILLIA, . R� CA • ERK COLLIER COUNTY, FLORIDA —� CLIFF •W WENLEL,)CHAIRMANN l ill- NI 1,,,, ''' BOOK 055 PACE , September 9, 1980 4 RESOLUTION 80-181 TO RECOVER FUNDS EXPENDED BY THE COUNTY TO ABATE A PUBLIC NUISANCE ON LOT 44, SUNSHINE MOBILE HOME PARK - ADOPTED Commissioner Archer moved, seconded by Commissioner Pistor and ` carried 4/0 with Commissioner Brown not present, that Resolution 80-181, to recover funds expended by the County to abate a public nuisance on il Lot 44, Sunshine Mobile Home Park, owned by John Murphy, be adopted. * * * * Via. * i * . * w * * * S * * * d IR-80-181 September 9, 1980 1 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH { ORDINANCE 76-14. ' i I WHEREAS, as provided in Ordinance 76-14, the cost of abatement of certain nuisances, including administrative costs actually incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be . calculated and reported to the Board of County Commissioners, together with i A de...: iptior :' said parcel; .r WHEREAS, such assessment shall be legal, valid and binding obligations upon the property against which made until paid; and WHEREAS, e da after the mailing oh legal notice assessment of shall assessment become due after and which payabl interest thirty shall(30)accrue at a rate of six percent (6%) per annum on any unpaid portion thereof. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property des- cribed as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the following costs of such abatement, to wit: NAME LEGAL DESCRIPTION COST John Murphy Lot 44 of the Sunshine Mobile $60.00 Ham..... .ark,being ua0..1. _ ._ the West 1 of tax parcel t52,Section 12,Township 51 S. , • flange 26 East,as Raid parcel #52 being further described in O.R. Book G85,Page 1054 The Clerk of the Board shall mail a notice of the assessment of lien to i the owner or owners of the above described property, and, if such owner fails to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be filed in the Office of the Clerk of Courts, in and for Collier County, Florida, to constitute a lien against such property accord- ing to law, unless such direction is stayed by this Board upon appeal of the assessment by the owner. r DONE, ORDERED AND ADOPTED this ett day of _ soprnm „r I - 1980 after motion, second and roll call vote as f h follows: 1 Commissioner Archer. Motioned and aye Commissioner Pistor Seconded and aye Commissioner Wiener Aye Commissioner Wenzel Aye Commissioner Brown Absent Al TFS I : E4JARD OF COUNTY COMMISSIONERS WILLIA , ft ' AN :RI( COLLIER COUNTY, FLORIDA ; , 4. ,,.., CLIFF /-*C IV� / , . L ENZEL, i CHAI-ttIni 4 BGu 055 PACE293 September 9, 1980 4 WATER WELL PERMIT NOS. 65.397A AND 65.397B, REQUESTED BY EXXON CORPORATION, FOR CONSTRUCTION IN S4, T47S, R3OE - APPROVED, SUBJECT TO STIPULATIONS Following brief explanation by Public Works Administrator/Engineer Barksdale, as contained in the Executive Summary dated August 27, 1980, including the fact that the water well permits requested by the Exxon Corporation have been reviewed and approved administratively on behalf of the Water Management Advisory Board, Commissioner Archer moved, seconded by Commissioner Pistor and carried 4/0 with Commissioner Brown not present, that Water Well Permit Nos. 65.397A and 65.397B be approved, subject to the following stipulations: 1. That a copy of the driller's log for each well be submitted to the County Engineer. 2. That the water analysis regarding water quality for each well be submitted to the County Engineer. 3. That the wells be capped and plugged upon abandonment of ■ the ., operat4 ` WATER WELL PERMIT NOS. 65.398A AND 65.3988, REQUESTED BY EXXON CORPORATION, FOR CONSTRUCTION IN S35, T48S, R29E - APPROVED, SUBJECT TO STIPULATIONS Public Works Administrator/Engineer Barksdale reviewed the Executive • 1 Summary dated August 27, 1980 with regard to the request by the Exxon Corporation for the issuance of Water Well Permit Nos. 65.398A and 65.3988, pointing out that the requests have been reviewed and approved administratively on behalf of the Water Management Advisory Board. Commissioner Archer moved, seconded by Commissioner Pistor and carried 4/0 with Commissioner Brown not present, that the request be granted, subject to the following stipulations: 1. That a copy of the driller's log for each well be submitted f to the County Engineer. 2. That the water analysis regarding water quality for each well be submitted to the County Engineer. 3. That the wells be capped and plugged upon abandonment of the { drilling operations. Commissioner Pistor commented that there have been discussions in the past with regard to the Board "rubber-stamping" water well permits, y. September 9, 1980 4 due to the fact that all of the research work has been done by staff people who are fully qualified and whose recommendations are accepted. Mr. Barksdale said that the pertinent ordinance is being redrafted for Board approval which will address the subject, together with several other be 1, ^orated, and %-'11 '"e brought to "n at,Ard as soon as it is ready for Board consideration. r SUPPLEMENTAL AGREEMENTS TO ANNUAL ABSTRACT AND CLOSING SERVICES AGREEMENTS FOR ROAD RIGHT-OF-WAY ACQUISITION AND RELATED INSURED CLOSING SERVICE LETTERS - APPROVED FOR CHAIRMAN'S SIGNATURE Public Works Administrator/Engineer Barksdale explained that on April 15, 1980 the Board approved annual Abstract and Closing Services Agreements with Gulf Title Insurance Agency, Inc. , and with Homeowners Title Company, both of Naples, for use by the County Engineer in acquiring road right-of-way. These Agreements, he said, required each of the firms to furnish $1 ,000,000 bond tor dosing services; nowt+ . , 1e wler firm has furnished the bond and have asked that they be allowed to furnish an insured Closing Service Letter instead, which is accordance with FS 627.786. Mr. Barksdale said that neither the County Attorney nor he object to the substitution and, in fact, now consider the aforesaid bond requirement as excessive. Commissioner Wimer moved that the Agreements referred to above be approved and the Chairman be authorized to execute them. The motion was seconded by Commissioner Archer and carried 4/0 with Commissioner Brown not present. * * * * * SUP PI.EUI NTAL ACNF.MENT September 9, 1980 . 055 i ACF 235 THIS ACREEPIENT. made and entered into this 9th day of Sontember , 19 80 , by and between Collier County, hereinafter called the County, and Cull Title Insurance Agency, Inc. , hereinafter called the Abstractor and/or Agent of the following , mailing address: P. 0. Box 8027, Naples', Florida 33941, telephone number 813/262.7563. WITNESSETII: WHEREAS, the County and the Abstractor and/or Agent heretofore on April 15, 1980 entered into an Agreement whereby the County retained the Abstractor and/n,r Agent to furnln,, cert,,tn titlt. ,.i.,rcll and closi.. ..ervices in Conneettoil with road right... 'Ut w.ty acquisition; and WHEREAS, the County desires to secure its interest in closing services at least cost, and toward that end it in necessary to provide alternatives to the Agent's bond. • NOW, THEREFORE, this Supplemental Agreement witnesseth that for and in consideration . of the mutunl benefits to flow each to the other, the parties agree that the Agent shall furnish to the County EITHER the Closing Agent's Bond provided for in subparagraph 8.5 of said original Agreement of April 15, 1980; OR an insured Closing Service letter agreeing to reimburse the County for actual loss incurred by the County in closings conducted by the Agent when such loss arisen out of fraud or dishonesty of the Agent in handling County funds or documents in connection with such closings; OR a certificate of insurance indicat- ing that the Agent has a cloning servlcen liability policy or policies with company or companies authori tet, .0 no heal u.__ ... the State of F .,,.... i+8 cove.rau, closing services to be rendered in the amount of $1,000,000.00. Except es hereby modified, amended, or changed, all the terms and conditions of said original agreement urnd any supplements and amendments thereto shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused those presents to be executed the day and year first above written. ATTEST: / BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 1 lllam , J. .Rca an, Cl )rk Cliffor /1Jenxel, Chairmah V C J 1 AS TO THE ABSTRACTOR AND/OR ArENfc Gulf Title Insurance Arency,• Inc .r! _: :1 (.. .. . .1L1•.. ,,.i.-.:` .. ._.._-_....r_ _.._ Wt[nuns' '� i tgnature __ _ James G. Hendricks. Vice President Witness Name Ttyped) and Title CA U • September 9, 1980 SUPPLEMENTAL AGREEMENT THIS AGREEMENT, made and entered into this 9th day of September 19 80 , by and between Collier County, hereinafter called the County, and Homeowners 0 Title Company, hereinafter called the Abstractor and/or Agent of the following mailing address: 2277 East Tamiami Trail, Naples, Florida 33942, telephone number 813/774-5440. WITNESSETH: WHEREAS, the Co' n-y and '•tie Abstractor v.-4/ • Agent here.,:. ... April 15, 1930 entered into an Agreement whereby the County retained the Abstractor and/or Agent to furnish certain title search and closing services in connection with road rights-of-wny acquisition; and WHEREAS, the County desires to secure its interest in closing services at least cost, and toward that end it in necessary to provide alternatives to the Agent's bond. NOW, THEREFORE, this Supplemental Agreement witneaseth that for and in consideration of the mutual benefits to flow each to the other, the parties agree that the Agent shall furnish to the County EITHER the Closing Agent's Bond provided for in subparagraph 8.5 of said original Agreement of April 15, 1980; OR an insured Closing Service letter agreeing to reimburse the County for actual loss incurred by the County in closings conducted by the Agent when such loss arises out of fraud or dishonesty of the Agent in handling County funds or documents in conn^,«:^' such ' Innings; OR n .trance ing that the Agent has a cloning services liability policy or policies with company or companies authorised to do business in the State of Florida affording coverage for such closing services to he rendered in the amount of $1,000,000.00. Except as hereby modified, amended, or changed, all the terms and conditions of nnid orginal agreement and any supplements and nmendmentn thereto shall remain in full force and effect. • IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day and year first above written. AV,4STj•J j /�-' BOARD OF COUNTY COMMISSIONERS� •'• ,( COLLIER COUNTY, FLORIDA • Wtiliam J,t Ite An, Clc k N. Cliffo Wenzel, Chatrnyin AS'TO',T;1K ABSTRACTOR AND/OR AGENT: /1*J ' Wittman i)j attire /(� _ � , / -w amen S. Shave _1►ice-President b Regional Manages Wit as Name-Itypedj and Title '--�~— September 9, 1980 055 .44341 STAFF RECOMMENDATION TO ACCEPT PROPERTY DEDICATED TO COLLIER COUNTY BY CARDAMAR, INC. FOR ROAD CONSTRUCTION PURPOSES - CONTINUED TO SEPTEMBER 16,_1980.. . k Public Works Administrator/Engineer Barksdale asked that the acceptance of property dedicated to tine County by Cardamar, Inc. with regard to right-of-way acquisition for Goodlette Road Extension be continued upon the advice of the County Attorney who has requested another doc..;..,;ot C.. 3ubmi t ..: : Instead of th. p,'ovi ded. CL.:: ,::.2r Wenzel directed that the matter be brought back on September 16, 1980 if ready for finalization. 4 { RESOLUTION 80-182 CALLING FOR A STRAW BALLOT TO BE HELD IN CONJUNCTION WITH THE GENERAL ELECTION ON 11/4/80 TO DETERMINE IF THE VOTERS FAVOR PROVISION BY THE COUNTY OF A BUS SYSTEM PAID FOR IN PART BY LOCAL TAX FUNDS - ADOPTED, AS AMENDED; STAFF INSTRUCTED TO PLACE ADVERTISEMENTS EXPLAINING PERTINENT FACTS OF PROPOSED SYSTEM Following brief review of the proposed resolution by Public Works Administrator/Engineer Barksdale, Commissioner Archer moved, seconded by Commissioner Pistor, that Resolution 80-182 calling for a straw ballot to be held in conjunction with the General Election on November 4, 1980 to determine if the voters of Collier County favor a provision by the County of a bus system which will be paid for in part by the use of local tax funds to partially subsidize such system, be adopted. Commissioner Pistor pointed out that the vote will determine public interest in certain areas, following which consideration can be given to forming a taxing district for those areas. Commissioner Wimer expressed concern over the wording in the question which will appear on the ballot suggesting that it may not be sufficiently fit` clear and could mislead the voters with regard to the appropriation of County tax funds. It was suggested tht the words "per year be added to the second sentence, to read as follows; "In addition, the system would require an annual appropriation of County tax funds of approximately $161 ,000 per 4 year to subsidize project operating deficits for the first five years." +..` The maker and seconder of the motion agreed to including the suggested amendment in their motion for adoption of the proposed resolution. September 9, 1980 4 The participation in the funding of a transit system by the Federal , State and Local Governments was addressed and discussed, touching briefly on the facts and figures previously presented at the time the DOT Study on the subject was submitted to the Board for consideration. ri '!pon :a11 fe, ! )f' question, Rc --.1 ''icn 80-182 way by a vote of 4/0 with Commissioner Brown not present. Commissioner Wimer stressed the importance of the public having sufficient information with regard to the financing, proposed routes, and the like, for the system so that intelligent votes can be cast and moved that the staff be instructed to place a large advertisement in the local newspaper detailing this information. The motion was seconded by Commissioner Pistor and carried 4/0 with Commissioner Brown not present. * * * * * * • * * September 9, I96U Bc;,Q 0551 PACE2S9 RESOLUTION NO. 80-182 RESOLUTION CALLING FOR A STRAW BALLOT TO BE HELD IN CONJUNCTION WITN THE GENERAL ELECTION ON NOVEMBER 4, 1980, TO DETERMINE. IF THE VOTERS OF COLLIER COUNTY FAVOR A PROVISION BY THE COUNTY OF A BUS SYSTEM, WHICH WILL BE PAID FOR IN PART BY THE USE OF LOCAL TAX FUNDS TO PARTIALLY SUBSIDIZE SUCH SYSTEM WHEREAS, Collier County presently has no form of public transportation to service its residents and visitors; and, .. WHLREAS, this Buurd recognizes there is a need for public transportation by At some segments of the community; and, WHEREAS, an effective and efficient transportation system would tend to reduce the community's dependence on the private automobile thereby helping to conserve energy and reduce air pollution; and, WHEREAS, the Florida Department of Transportation has completed a transit needs study for Collier County and has prepared a proposed five year transit development program. NOW, THEREFORE, BF IT RESOLVED that the Board of County Commissioners calls for a straw ballot to he Held in con,iu..,...run with the gene, d, ant November ':, on the following question: ARE YOU IN FAVOR OF THE COUNTY PROVIDING A BUS SYSTEM WHICH WOULD ULTIMATELY PROVIDE SERVICE TO THE ENTIRE COUNTY? BASED ON A FLORIDA DEPARTMENT OF TRANSPORTATION STUDY, THIS SYSTEM WOULD BE PAID FOR BY STATE AND FEDERAL SUBSIDIES AND BY RIDER'S FARES. IN ADDITION, THE SYSTEM WOULD REQUIRE AN ANNUAL APPROPRIATION OF COUNTY TAX FUNDS OF APPROXIMATELY $161 ,000 PER YEAR TO SUBSIDIZE PROJECTED OPERATING DEFICITS FOR THE FIRST FIVE YEARS. L ] YES -1 NO BE IT FURTHER RESOLVED that the results of this straw ballot shall be informative 1 only and will in no way commit the county or this Board to the funding of a public transit system. Commissioner Archer offered the foregoing Resolution and moved its adoption and seconded by Commissioner Pis to r and, upon roll call the vote was: AYES: Commissioners Archer. Pistor. . Wimer and Wenzel NAYS: None •ABSENT AND NOT VOTING: Commissioner Brown .N DONC,AtI,QRDERED in Regular Session this 9th day of September, 19 1. :'ATTEST: %', BOARD OF COUNTY COMMISSIONERS • WILLIAM J. RE/,Wi CLERK COLLIER COUNTY, FLORIDA 0 , ,e6494/ ri? I CLIF Q D WENZEL, C41RMAN 17Cfr to «Z'•+... .. ,.,...,«...r....+,..w...-......�. ww..�+rr.+.F.w.........w.wcw..nrwrt:t�.rr. nw....u.►e•r�4AS'QpACnr,-+n,-....»... !,. . ') September 9, 1980 • qh CHAIRMAN AUTHORIZED TO SIGN LOCAL CIVIL PREPAREDNESS ANNUAL PROGRAM PAPER Public Safety Administrator Hafner related that the papers which are being presented for the Chairman to sign are required to obtain Federal Personnel and Administrative funds for the Civil Defense Department and, responding to the question posed by Chairman Wenzel as to whether or not there are County funds involved, Mr. Hefner said there are none - "They give us money." Commissioner Archer moved, seconded by Commissioner Pistor and carried by a vote of 4/0 with Commissioner Brown not present, that the Chairman be authorized to sign the Local Civil Preparedness Annual Program Paper, as recommended. . * * * * * * • * * * r September 9, 1980 MI( 055 PACEat, 7.4.,,e1 Eut•rpwrtcy Mann Aywney (M R Appro./ad ' 4 PART I. JURISDICTIONAL INFORMATION LOCAL CIVIL PREPAHF.ONESS 02&1t000J ""— • __ ANNUAL PROGRAM PAPER - 1 ni.±t GQL.LI.Eft_ta.•C.a. - - , Ar1t1�.....1 L.I(12.r1f4_ r_nuAntoUSE...___ 041 z 110 A 04 320Th 1.J CRY' '1kj?.1.e.,51 1 4 st•t•: FL'_ 1•s 7 4, 329F,7 TEN(Tat•I.FMry Nu 1 r r'F (rI..MA Ut*Only) CONGI.(Ritrllru.I Nu l OCT 1 , 1990 8/21/80 ')21414 7 1 1970.rOPULATION _._.:4.(i(Vill' "�" ,.___._.__.___. i 1 AS OP II 11E 1T7, SURMIFSION r1AT1(�21 O!IAOAtt i 7 2 rSt1 cLuntutNT POP UL --- :I.11 CL8Ar11..D4,II INI JUAIISOICtt'O``N�ln�)) 11t<INU IlkIKlrl I kI1 IJV. 7 7 E,1,POP,covr..njin ny ournnl)n WARNING.Cj� —� —J;NT ii;-E. .a.C.1 • 3 �. TY __ r1iNTIAL NAYAPI�S , J•11!.r)ICTI IIN a 1 Din,try, RISK a84 WINTFIIssonM . 8 7 FALLOUT RISK il 7 FLO01)'FLASII 7 LO00 __..._.. 4 r l.L i'• •r • _�. N3.3 NUCLEAR INCIDENT 9.8 FATITNOUAKE ,- Cl/f1 NT ANNUA UNOIN nE0U1!S1F.0 ANl) RUJ:Cr O 8.4 TORNADO 011 TRANS. ACCIDENT�!_y Its ttnA dollrtr) ._..... S S ►wnRICANk 8 A INO ST ntAL ACCIO@N'T rtU DS a•e IN LAST FY, 0•C FUNDS A, rY sen0 8.FY 1031 C. rY 190? NO,OF u19AS1E14 At(7173 ---iOCCl:nisrNCEt.= >,t Few • $15,7.9.9____ s L7-+`il 9.- • D or,•,,n (np.. 1V) Forest fire, Skylab ra- t,, • 1(fAM) $ o___ s 2.8B.__.._..:._,_._317 entry, iturricnars "David" (PO. Lot at(unds thi enly,no&.,NOT•nacH•d by /•.1•rnIfund.► AcouLArI 1100AS PF.n war y'' FUNDS ($65(900 IE `1 16...._ ±.iQ2,004 ] CPrrWMvOL _o 16 _ _ 32 _ 40 (In.r.d.n2 D•eHOr1 9. ►u rwro `;"Z6ma'ricfVac iTnirriiii aGTH i Ai.i —1 O81 Q Nvd.•t Woe 8.1 © Q P••c•tl NVCI.M Ineld.nts r A J VOLUNTPEa —I—, _—_ _—.— Opot•tbM 8 3 0 QOtner hvc+tlm• 9-4 OtnrCTOR HOURS PER WFtK: Pahl I do I vela — �� PART II. STATUS OF LOCAL CIVIL DEFENSE PROGRAM. (l t ' tI r , nments—Key to s.... .oL Civil Prep4radne ,) Briefly describe the achievements eccumplished in rb;r;rnmt'cl ,r,tivities in Nut III of last yrnr's program paper. Also describe disaster response by your office. 1 1. Plans Development: ` Updated 6 emergency plans or annexes Added 1 Annex Mini C.R.P. initiated i I Developed a pre, trans, and post dis,i3ter S.O.P. Established evacuation plan for handicapped and elderly 2. Trnining: Disaster assessment training session scheduled for September Continued training of C.D. volunteer^. Disaster training for school students not scheduled Director attended Graduate Seminar at Staff College Director attended Advanced Management Workshop Socretary attonde0 Advanced Workshop Seminar 3. Communications: Repeater station purchased and installed 4. Radiological Defense_' Recruited 3 volunteers to take H e study Course. Lack of funds Ph+, 4n01a-ea.9 ♦r♦is*i mop of P.D.O. sa 1 L._A •i • —^� __. �� September 9 198 _� � n • . • • GENERAL INSTRUCTIONS • The program paper should primarily serve the locality and be a meaningful document for local officials.it is designed to provide a summary of negotiations,decisions and agreements between the State Civil Defense Director and the local jurisdiction • it es In the civil swans('and^"t et emer •-i•y programs to be ca. • •d..ring the Fisc,i `r ,. .:.. `.ate the State and FEM.,t. vide in carrying out the local programs should be considered. • • Listed below aro major programs es outlined In FEMA Program Emphasis. 1.ocalities may use these as headings in order f of their priority to describe specific programs,projects,actions and training plans for the next Fiscal Year in Part III. Plans Development Warning / Training Tests• and Exercises ' Communications , : Public Information Radiological Defense r • SPECIFIC INSTRUCTIONS . If computer entered data is incorrect,line through erroneous data and enter correct data in adjacent area, 1•1 •- 1.6: If not provided,tyf,.s or print the official title of the CP agency,address,city and zip code of the CO agency. t 2.2—2.3: Enter the date of s.ibmission In the appropriate box in month, day, and year format. If an 0,A has occurred enter tlw month,day,and year of the date that the action.plan was adopted. If rwne•,enter "none". , ;I: Define the jurisdictions) being reported if not provided. If not changed from toe previous year make no entry. 4: C.P. Director — Type or print clearly the nnma of the local civil preparedness coordinator if different from the name pro• ) vlded. ' . Items 5.1 —5.3: Funding -- These items apply only to jurisdictions participating) in FEMA f inanc;al Assistance programs, If ) riot participating or do not anticipato to participute In these programs enter fern "0"in all boxes for these items. If participating , in these programs indicate the dollar amount (to the nearest dollar) the jurisdiction received in the bast I-neat Year and anticl. grates receiving in the current Fiscal Year and next fiscal Year for each of the programs. Fiscal Year means the Federal Fiscal Year, October 1 through September 30. Refer to CPO 1.3, Federal Assistance ilandbook,as necessary for definition and cover. age of the financial assistance programs. Item 5•2: Report local funds over and ahoy"tho>n reported in Items 5 1 ' 2 for which matching finds will not be requested. Items 0.1 to 0.3: Ability to Execute Plans—See below for description of the rating system. I items 7.1 to 7.3: Cuter 1070 Census population and current population reported on,unless preprinted. Update current popu. 1 lotion If necessary. Rased on the 1070 population enter or update the percentage at population covered by outdoor warning devices and systems. r items 01 through 11•D: If not preprinted,placer and"X"in each box which represents a significant ss artime or peacetime threat ' to the jurisdiction, based on a hated analysis, or es a result of FEMA guid,.neu. If 8•0 is checked,briefly list hatard(s)in space I srovided, Items 0.1 through 0•3: Report expected number of P&A paid,other paid,end volunteer persons ssho work on the jurisdictions' 'Nit preparedness P►■yram on a regular bads by Indicated hours per week. If the jurisdiction is not participating in P&A,entries , I 4r es Item 0.1 should be zero, ti •tem 04: Fnser number of hours per week for this tool Director/Coordinator only (which were alrc,:Jy included In Items 0.1, I 2,or 111.3 ahuve), For pant time paid Director: Wits also volunteer time, entr h s could he m,•rle in heth hur:s,but should not sal r,.orr than 40 hours(equivalent to lull trine), ffi r.:.^.;t 055 PACE September 9, 1980 • r_'— "� radars!Gmvre.ncy M.n.9.m.nt Ap.ney PART lll, I'Itl,,IECTEU PRocrtnM ACTIVITIES l oCAL CIVIL PREPAREDNESS 041211n ANNUAL PROGRAM PAPER _ I T;+Jt:C1R AND t.I.\•0q AC ti el;IFS WHICH T111 LOCA1.111111SIICTI(IN INTO(Nn4 TO CAIUly UIJ t nu11iNn wit I I"CAt vrnrn ro INC.IP A'4 (U.( 1•.11 N ••tS✓GN3t, INCLUDE STA ft!AND r t 11111Al.AS!.(MTANCP (INCLUDING P IJNISI IIiOUIItI.n. ' Prn,ll,,.n I,.41.0,.•InNr...t•4 %On II I .I r•intlt O•)s4I1u1I•In•11; Lp1!ata basic plan.annexes and procedures;complete Mini Crisis ttclocation Plan (CIiP) Description 1.1 Ictivity Mini C.R.P. to be completed Continua update of plans and annexes • Finalize evacuation plan & procedures for evacuation of handicapped Develop n It,t•r.nrdous materials d:t^nnhnr plan_____ .._._. Traininu: typo- frequency Description of Activity Jointly develop lesson plan material Secretary to attend Phase I Career. Development Program ttecruit t: train Shelter Managers in• conjunction with Red Cross volunteers Recruit & train P.I.O. - Develop new P.I.O. program 3. Communicatinus: Increase capability Description of Activity Equip Mobile Command'Post with communications equipment. replace oll;tolete radios for R.A.C.R.S. d. Radiological t'rtcnse: Increase capability Description of Activity Recruit And train six volunteers as Radiological Monitors Recruit and train two R.D.O. 's Continue ;:holtor 7rocir,•1 a.- Wmnlnq: Inc,rase capability Description of Activity Update Communications and Warning Plan Seek funding for outdoor warning system in Rverylade:r City 6.- Tests and Exry,rives: Types—frequency Description of Activity Participate• in Statewide exercise Conduct d t;raster exercise with airport and hospital Conduct at least one Emergency Operation Simulation I. Public Infornl,lt;un: Tyre—materiel development !~ 1 Description of Activity Continue lurricane Awareness Programs with schools and civic organizations Reprint attd distribute Hurricane Information Pamphlet 15,000 (est.) R, Other : Llals.'n with amerpency services Industry,volunteer organiratlnns;mkt-0,noaut Descriptta..of Activity Complete :tubile Command Post. Joint C.D. & Sheriff ownership IIq wtT hM rnMNi•\•.�1nN h�n.t11.m y A.1.111 A••1 land.*%Ng wrote tans u t $;11TH I ab.11$ 1101011 and Wed a.r.qul•M I.y..Uting Ian.and rvqu1a11er1%1 tO U ti 1124 271.7,7701,7200,C O. 17140;44 G,1'.11.301.3,007 .l f 'He UNOtI1♦ ,''ILI)Armee TOPIIANT THe111IIP1T tPP0111'0TOCAPI IY OUT tile emus)JsCTOANtAAC711/1I'Ut0oescmfl.O ���� .. fit' 7 ...._.� 6 v• • i._•��L.i/..i.7 ...�.•...•��. ;r •( I.UU.nt lnea .,,..1 tiet.ies.P..l..r.An.1,(Ntutto Ct.nt cute) _ •I mar..•el INM Chief I et Lrl.l Uill AM PAN'e1• . 41�I:UflAt4IUV20 0•11O011AMPM• 11 14)1111NOTIAPPllUVPI• 10uta fwll Pr.pe9NM.1■1)Uwlet1 _ O.t.l II.etOMi OtHit I . 1 i.._.. 4..—.......410$ — - 0 September 9, 1980 .. Part II • , Describe In nnrrative format the entrant status of the jurisdiction's civil defense program. This should include the prior year accomplishments end objectives Igtl accomplished and the reason for not accomplishing them. If npulicable,describe disaster response activities of your office, . Pert ill . ' Dated no program emphasis and priority work guidance provided by FEMA and the State describe future program objectives and assistauco needed to accomplish thaw objectives.Attach additional narrative shoots if required. All activities should he reviewed mat nseheovecd by the local chief executive and submitted) to the State Preparedness office for approval. . , r• .• • • Ability to Execute Crneigency Platys Select the rating level that most neatly , shot ibis the jurisdiction's overall tad inrs% 10 conduct coordinated operations In the . following emergencies; (1) Nuclear %Val; (7) Peacetime Nuclear Accident (II not near lixutl nuclear facilities,enter N);and (3) t . Other Peacetime Disasters, itatings era cumulative of all actions of a lower rating. 'linings for nuclear war and nuclear accident must consider as major elements a protected COC, all fADEF system capabilities and associated communication capehility, • Level "E" •- Little or no capability to conduct cootdinatetl operations in an onieegency.Such an emergency would be consider• ably morn sneero than those day-to.i.ry events which ern rouh,•rly handled by one or nt most two existing departments of government, Level "O" ••• There is limited but in,tiirrtpr;,t.r capability to conduct coordinated operations. Examples: An EOC with some staff assigned but untrained, lack of Insley rlv,,,tments pnrticipatiep at EOC. Several services have dune some planning and testing, but considerable*work remains to be.fur,,,, • Level "C" — The jurisdiction has drsrlutn•d and tt.rined its emer,incy otgenitatiots,including but not limited to the EOC stall, to the point thole is reasonable ec"e'ttlence of its ability to conduct coordinated operations within the jurisdiction,and make reasonably rifective use of forces,r'i,esc,urces of,or available tu,local government,The jurisdiction has the ability to warn the population and wet emergency info,r'"ti,r,t to the public.It has demonstrated its capability either (a)by successful operations in a substantial per,cvma emergency • dis„tor,with operations controlled from the COC,or (b) by planning, training,and ex. arcising,includt,ill at least one exr+trirr hrryuntc on initi,rl smorgancy operation simulation. Level "II” Jutisdicminn definitely s`seeed, "C" level, and Is t.' inp active steps to iiupauve its capnbifn's.Specifically,the jut. lulicatiurt Its cooled rd one or nttrt,e t,rt.d system rxrrcisint within l'ie lust two years, Laval "A" '• •i he jnrisdiriion has utcs,,l,il„d and t,tiinri Its entire emergency otn,tnitatinn, inciudbtg but riot limited to Its I:OC staff to the i rim whole theta is ha;s r•,,,,luimetr of its ability hi conduct coordinated operations with forces existing within the jurisdiction,and to trsur+finite oi',t,tt;,,,t, etlrrtivrly with other Jurisdictions and the State,Thu Jurisdiction has conducted two or more toted system cxt•rcIses, ana within the last year,ur had successful operations in is major disaster, Nearly all mainline powrnrnant ?novices, lira,polls,tv,r +triig tr,ntrrge,u.y medical service,etc.,have completely trained tmd tested staff,and plans ` are completely up to data, t I 1 1 r.r•,nrrr,r•„r •arsars• t'..t1.i111.I DOOR 055PACEM September 9, 1980 STAFF AUTHORIZED TO PROCEED WITH SELECTION OF ARCHITECT FOR PROPOSED NORTH BRANCH OF COLLIER COUNTY FREE PUBLIC LIBRARY In order to update the Board on the progress being made for the construction of the proposed North Branch of the Collier County Free Public Library, County Manager Norman referred to the Executive Summary prepared by his staff, dated September 8, 1980, and. elaborating on the printed information, explained the physical characteristics of the site chosen by the developers of Pelican Bay for the purpose, such as the fact that the building would be adjacent to a commercial center planned for the area and, also, be in close proximity to either an elementary or middle school. Because the cost of the architect's services for designing the facility will exceed 55,000, the statutory limit, the competitive negotiation process must be implemented. Mr. Norman concurred with Chairman Wenzel that the plans are in existence but that they would have to be modified in order to conform to the site and to the deed restrictions proposed by the developers of Pelican Bay. Further, said Mr. Norman, there is the possibility that the same architect who drew up the plans will be used; however, as was pointed out by Commissioner Wimer, the negotiation process will have to be instituted. Commissioner Pistor moved for approval of the staff recommendations with regard to the aforesaid project; namely, that the staff be authorized to proceed with the project; that a Negotiations Committee be established, consisting of the County Manager, or his designee, the County Librarian, and the Purchasing Director, to perform the duties as set forth in the Executive Summary; and that the Committee be authorized to begin the Architect selection process, as described. The motion was seconded by Commissioner Archer and carried 4/0 with Commissioner Brown not present. . * * * * * * « * * • * * * * * * RECESS: 10:00 A.M. until 10:15 A.M. * * * « * * * * * ' * * * * * * September 9, 1980 ORDINANCE 80-88 RE PETITION CP-80-10C, FRED STROM, REQUESTING COMPREHENSIVE PLAN AMENDMENT FOR PROPERTY LOCATED IN Si , T50S, R25E - ADOPTED, PURSUANT TO STIPULATIONS; PETITIONER'S AGREEMENT TO STIPULATIONS - ACCEPTED Legal notice having been published in the Naples Daily News on August 8, 1980 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition CP-80-10C, filed by Fred Strom, request- ing a Comprehensive Plan Amendment from 6.22-30 Residential Land Use to Commer- cial Land Use iur property located in Section 1 , Township 50 South, Range 25 East. Opening the Board's consideration of the petition, Planner Lee Layne described the property as being 20 acres at the Northwest Corner of Gail Boule- vard and Donna Street, locating the parcel on the map displayed. The petitioner plans to develop a Professional/Commercial complex in the area, said Ms. Layne, pursuant to the desires of the residents in the community, as expressed during the Board hearing on May 20, 1980 at which time a petition for a moderate in- come PUD on the property was withdrawn. It was the unanimous recommendation of tha CCPA than. Nasttion „droved, conc,iuu.... . ..Object to staff's stipulations contained in the Staff Report. It was noted by County Manager Norman that Thomas Peek, representative of the firm of Wilson, Miller, Barton, Soll & Peek, Inc. was in attendance. Mr. Peek offered no additional comments on the petition but offered to respond to questions, if any, from the Board. Voicing expressions of support for the petition were Ms. Jane Paquette, Donna Street resident, and Ms. Linda Heims, property owner on Gail Boulevard. All registered speakers having been heard, Commissioner Archer moved, seconded by Commissioner Pistor and carried 4/0 with Commissioner Brown not present, that the public hearing be closed. Commissioner Archer moved, seconded by Commissioner Pistor and carried 4/0 with Commissioner Brown not present, that the Ordinance, as numbered and entitled below, be adopted and entered into Ordinance Book No. 12, subject to certain staff stipulations; and, that the Petitioner's Agreement to said stipulations be accepted. rr September 9, 1980 ORDINANCE 80 - 88 O55'PACE / AN ORDINANCE AMENDING ORDINANCE 79-32, THE COMPREHENSIVE PLAN FOR COLLIER COUNTY, FLORIDA, BY AMENDING THE LAND USE ELEMENT WORKS STUDY AREA MAP I3 FROM RESIDENTIAL 6. 22-30 TO COMMERCIAL LAND USE ON THE FOL- LOWING DESCRIBED PROPERTY: SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 1, TOWNSHIP 50 SOUTH, RANGE 25 EAST; AND BY PROVIDING AN EFFECTIVE DATE AGREEMENT I, b cJT2Oh1 , as owner or authorized agent for Petitions R-80-21-C and C1'-80-10C agree to the following stipulations requested by the Coastal Area Planning Commission and Collier County Planning Agency in their public hearings on August 7, 1980: 1. Final site drainage plan must be submitted to the WMAB for approval prior to start of any construction. 2. Subject to stipulations of CP-80-10C: A. 25' wide landscaped buffer strip, 8 ' in height and 80% opaque to be placed along the southern and eastern property lines. B. Access to be limited to Westview Drive where it presently intersects with Ariport Road and Donna Street. C. Realign easteprn enfl of Wea .vj,ow Drive with Kathy Avenue. D. Dedicate 12'111�a1.oiio• •Qas'ttcirn 1^dge of subject property for future widening ... .onna Streur. E. Construct that portion of Westview Drive, located on sub- ject property, to County standards and dedicate to the County. •TITIONER OR'•A' . T 16/✓ • REPRESENTATIVE FOR CAPC - - SWORN TO AND SUBSCRIBED BEFORE ME THIS 7th— DAY OF AUGUST, 1980. SEAL ' , / L'�"""�'' ' -' 1`- 1 4) ,1 ' , \‘‘ NOTARY UI3L�iC" MY COMMISSION EXPIRES;tjt • n c + 'o' n',r'Q4 ■1 Lac• µ. Cu;.0 %MU 4 pan IU'Q 20 1911 • ■ .j;r September 9, 1980 ORDINANCE 80-89 RE PETITION R-80-21C, FRED STROM, REQUESTING REZONING OF • • PROPERTY LOCATED IN Si, T50S, R25E - ADOPTED, PURSUANT TO STAFF STIPULATION; 4 PETITIONER'S AGREEMENT TO STIPULATION - ACCEPTED (FILED WITH COMPANION PETITION CP-80-10C) Legal notice having been published in the Naples Daily News on August 8, 1980 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to Consider Petition R-80-21C, filed by Fred Strom, requesting rezoning from "A" to "PC" for property located in Section 1, Township 50 South, Range 25 East, located at the Northwest Corner of Donna Street and Gail Boulevard. Planner Lee Layne explained that the subject petition is a companion petition to the petition upon which the Board has just acted favorably and advised that the CAPC recommends approval , as does the staff, pursuant to staff's • stipulation, as follows: 1. Final site drainage plan must be submitted to the WMAB for approval prior to start of any construction. No comments were forthcoming from the public, whereupon Commissioner Pistor moved that ' . hearir- 110 closed. T"� -n•'^� wAe -^^ded by Commie.e4^�er Archer and carried 4/0 with Commissioner Brown not present. Commissioner Archer moved, seconded by Commissioner Pistor and carried 4/0 • with Commissioner Brown not present, that the Ordinance, as numbered and entitled below, be adopted, and entered into Ordinance Book No. 12; and, that the Petition- er's Agreement to the Stipulation be accepted, same hiving been filed with the previous petition. Commissioner Wimer expressed the opinion that the petitioner and the nearby residents should be complimented for their attitude in working together in order to resolve the problem in their community, with Commissioner Archer concurring with the statement. ORDINANCE 80- 49 AN ORDINANCE AMENDING ORDINANCE 76-30, THE COMPREUINSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF THE COASTAL AREA PLANNING DISTRICT DY AMENDING THE ZONING ATLAS MAP NUMBER 50-25-1 DY CHANGING THE ZONING FROM "A" AGRICULTURE TO "PC" PROFESSIONAL COMMERCIAL: SOUTH 1/2 OF THE NOMTHEAST 1/4 OF THE NORTiIWEST 1/4 OF SECTION 1, T50S, R25E, AND BY PROVIDING tN EFFECTIVE DATE .z 1 PGJti 055 PACE September 9, 1980 PETITION TO VACATE A 30' ACCESS EASEMENT AT INTERSECTION OF DAVIS BOULEVARD • AND AIRPORT ROAD - CONTINUED UNTIL 9/16/80 :R Legal notice having been published in the Naples Daily News on August 24, 1980 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened and continued until September 16, 1980 with regard to the petition to vacate a 30' Access Easement at the intersection of Davis Boulevard and Airport Road, upon the advice of the County Attorney, and pursuant to the request from the petitioner's attorney. PETITION NZ-80-13C, COUNTY PLANNING DEPARTMENT, REQUESTING AMENDMENT TO SECTION 8, SUPPLEMENTARY DISTRICT REGULATIONS OF ZONING ORDINANCE 76-30, PARAGRAPH 12, LOCATIONAL RESTRICTIONS FOR THE USE INVOLVING COP OF ALCOHOLIC BEVERAGES - CONTINUED UNTIL 9/23/80 — Legal notice having been published in the Naples Daily News on August 20, 1980 as evidenced by Affidavit of Publication filed with the Clerk, public hear- . ing was held to consider a proposed amendment to Section 8, Supplementary District Regulations of Zoning Ordinance 76-30, Paragraph 12, Locational Restrictions for the Use involving Consumption on Premises of Alcoholic Beverages. The petition, explained Community Development Aomin>>trator Virta, is the • result of earlier direction by the Board due to concern over the potential of as many as 17 additional liquor licenses being permitted in the near future, and the further concern over the potential concentration of these licenses creating an "area of strip" in the County. The proposed amendment, he continued, would expand the minimum distances between COP premises and schools, churches, public parks, and the like, as well as from other similar type establishments, from 500' to 1,000' . The Coastal Area Planning Commission held their public hearing on August 21, 1980, he concluded, and recommends approval. It was the consensus of the Commissioners that by adopting the amendment to the pertinent ordinance it might place the County in an awkward position since • • some of the existing establishments would subsequently become non-conforming, particularly in the event an operator might wish to expand his operation which • could not be permitted. However, there was general agreement expressed with regard to the intent of the proposal. Pursuant to County Attorney Pickworth's advice, Commissioner Wimer moved, seconded by Commissioner Archer and carried 4/0 with Commissioner Brown not pre- . sent, that the public hearing on Petition NZ-80-13C be continued for two weeks to permit further review of all of the possibilities which may arise sebsequent to the adoption of the amended ordinance. . September 9, 1980 ORDINANCE 80-90 RE PETITION R-80-22C, FRED MORRISON, REQUESTING REZONING FROM "MHSD" TO "RM-1" FOR PROPERTY IN SECTIONS 3 AND 10, T51S, R25E - ADOPTED, .r PURSUANT TO STIPULATIONS; PETITIONER'S AGREEMENT TO STIPULATIONS - ACCEPTED Legal notice having been published in the Naples Daily News on August 8, 1980 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition R-80-22C, filed by Fred Morrison, re- questing rezoning from "MHSD" to "RM-1" for property located in Sections 3 and • 51 t'h, Range 25 C. st Planner Lee Layne located the property as being 3.43 acres of land on the north side of Henderson Drive, east of S.R. 951 . Although the petition received only 27 points on the rating system which requires 31 points for a positive recommendation, the Coastal Area Planning Commission felt that, since the peti- • tioner could put 20 mobile homes in the location without meeting the points, 20 CBS apartments would be better for the area and would be less of a fire hazard than the mobile homes said Ms. Layne, and recommended that the petition be ap- proved. Approval , concluded Ms. Layne, is subject to the final site drainage plan being rr"'-••.' appro.-A by the Count- e'-'"00r nr+-" +n the start of any construction. There were no comments forthcoming from the petitioner who was in attend- ance, whereupon Commissioner Archer moved, seconded by Commissioner Pistor and carried 4/0 with Commissioner Brown not present, that the public hearing be closed. Commissioner Archer moved, seconded by Commissioner Pistor and carried 4/0 with Commissioner Brown not present, that the Ordinance, as numbered and entitled below, be adopted, subject to the stipulation set forth above, and entered into Ordinance Book No. 12; and that the Petitioner's Agreement to the stipulation be accepted. ORDINANCE 80 — 90 AN ORDINANCE AMENDING ORDINANCE 76-30, THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF THE COASTAL AREA PLANNING ntSTRIC'T OF COLLIER COUNTY, FLORIDA, BY AMENDING THE ZONING ATLAS MAP NUMBER 51-26-2 BY CHANGING THE ZONING CLASSIFICATION FROM "MUSD" MOBILE HOME SUBDIVISION TO "IkM-1" MULTI FAMILY ON THE FOLLOWING DESCRIBED PROPERTY: A PORTION OF SECTIONS 3 & 10,TOWNSHIP 51 SOUTH, RANGE 26 EAST; AND BY PROVIDING AN EFFECTIVE DATE AGREEMENT 055 z2' . sccR Pa,� . • • Y I, fro,e1. /'l0d.k!esJ� , as owner or authorized ?`> • agent for Petition R-80-22C agree to the following stipulations 3: • . requested by the Coastal Area Planning Commission in their public hearing on (.i ,(71,,aA -f 1980: '„ 1. Final sito.drainage plan must be submitted to the WMAB for ; review and approval prior to the issuance of any construe- ti.on permits. • • RECORDER'S MEMOS Legibility . . of writing. Typing or Printing 1 aantidectoey in this document when teodved. . --PETIyIONER OR AGENT ■ S RE I I FOR CAPC • ■ SWORN TO AND SUBSCRIBE!) BEFORE ME THIS '74:7`.. day of A„ 7—"` , 19F/ . 1`',.\I I•r\ir`f 11\ ShA�. NOWT Mill Sint(t;,.,I,,4r.),� „ �w .,%; :..: , SSIO�: MY COMMI t'►I)lt jum 29 I9l11 ''llr'.ek.41MMSbIGN ,EXPIRES: 'ONao nub CRI tq I.. ., • ' ■ . '''.a,,?l e • t 14w--•-4 r----1 r-,-1 ILA 11,__- September 9, 1980 ORDINANCE 80-91 , COUNTY PLANNING DEPARTMENT, AMENDING ORDINANCE 80-18 BY CORRECTING THE LANGUAGE OF THE PUD DOCUMENT ADOPTED FOR BARNETT BANKS AND TRUST COMPANY FOR PROPERTY LOCATED IN S32, T50S, R25E (BRUCE MUMM PUD) - 4 ADOPTED Legal notice having been published in the Naples Daily News on August 20, 1980 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was held to consider a proposed ordinance amending Ordinance 80-18 by • correcting the language of the Bruce Mumm PUD document for property located in Section 32, township 50 South, Range 25 East. Planner Lee Layne said that when Petition R-79-34C was filed requesting rezoning to PUD for the subject property, which was subsequently approved by the Board, the final PUD document forwarded to the Secretary of State did not contain amendments made during the BCC public hearing. The proposed ordinance includes those amendments, said Ms. Layne. There being no persons registered to speak on the subject, Commissioner Pistor moved, seconded by Commissioner Archer and carried 4/0 with Commissioner Brown not present,. that the public hearing be closed. e f stnr seconded by m.cher and Cats with Commissioner Brown not present, that the Ordinance, as numbered and entitled below, be adopted and entered into Ordinance Book No. 12. ORDINANCE 80 - 91 AN ORDINANCE AMENDING ORDINANCE 80-18 BY COR- RECTING THE LANGUAGE OF THE PLANNED UNIT DE- VELOPMENT DOCUMENT ADOPTED FOR BARNETT BANKS TRUST COMPANY FOR PROPERTY LOCATED IN SECTION 32, TSOS, R26E AND BY PROVIDING AN EFFECTIVE DATE WAIVER OF BID PROCESS FOR PURCHASE OF ADDITIONAL MEMORY FOR CJIS - APPROVED; STAFF AUTHORIZED TO ACCEPT BID FROM SYSTEMS INTERCHANGE IN THE AMOUNT OF $12,015 Data Processing Director Fred Marks explained that an opportunity has arisen whereby additional memory for the CJIS can be purchased, for immediate delivery, at a savings of approximately $633. Since it would probably cost the County about $1 ,000 to bid the purchase, Mr. Marks asked for authorization to waive the bid process and approve the quotation submitted. BOOK 055 PACE253 September 9, 1980 Commissioner Pistor moved, seconded by Commissioner Archer and carried 4/0 with Commissioner Brown not present, that the staff recommendation be approved; that the bid process be waived with regard to the purchase of memory for the CJIS; and that the bid of $12,015 from Systems Interchange be accepted and the purchase authorized. CHAIRMAN AUTHORIZED TO SIGN OPERATING BUDGET FOR PROJECTED CASH FLOW FOR WILLOUGHBY ACRES WATER AND SEWER IMPROVEMENTS Commissioner Wimer moved, seconded by Commissioner Archer and carried 4/0 with Commissioner Brown not present, that the Chairman be authorized to sign the Operating Budget and Projected Cash Flow, as presented on FmHA Form 442-7, for the Willoughby Acres Water and Sewer Improvements, as recommended by Utilities Division Director, and as set forth in the Executive Summary dated August 19, 1980. * * P September 8, 1980 • .. ......r......--.i.V—. _,. .n. ..s i.•.+.+--_:-.:J4.4:a.r,....—...r........:............. ..A.._... — - ,.. .. •• . .f•- A. ...... '.' I.:: t ;SI)A-171n11A C Position 3 \,.. Schedule 3 1 ,•rm FmflA442.7 OPERATING BUDGET - %..8.12-76) ::,.um Collier Coutny Wnter /Sewer Diritrict Address Wi2.1oarhby Acres & Area 10 Sollier.�uuttt ottr_theur _hax 1 rn l.I.ilicant mad Year .:. County t,.• , • State(Inc titling ZIP Code) .. Hon, 10/1 T� n 30 t it .•-; 'I 1 r,r _ 7�3.2�l� t1 ... M1 19 r'' _ J.9. 83 in _Eit...s,_!"Y.. . • _ (1) (2) . . (3) (4) (�:'L'l�n'1'1NG INCOME L County Water ' 699.924 699.924 _, 699,97,4 , 699 L924 ! Area "A" Sewer 536,031 536,031' :.. 536,031 .y 536,031 ..e ti. hliscellaneou: t ..:T.: '` . , •I• l',, Lout A�llQQwancai and •' • : ` -•� .. ' peductions ) ( ) ( .. . .. .)( ) ( ). i. Total Operating Income 1,235,955 1,235,955; . 1,235,955 r 1,235.955 ' (Adel Lineal through 6) )1'IiIIATING EXPENSES Sllnrina & Cont.(War; 150,000 150,000 150,000 150,000 11 11 . :1 ,0,)0 10Utilitiea — Wnter. 580,000 500,000 580,000 580,000 II, " — Sower 100,000 100,000 1j)0_0.00 ____.-_____10.Q,OQQ_ ;,Supplies & Mnt'1(Wtr 14,000 .� 14,000 14,(?40 _____11,QQO 11. " & " (SWR) 8,000 _ -----J--8000 4 8.000 ,COQ 1 :. 15, Interest(Fm)IA) '215,000 304,000 304,000 ___ 304,000 1 r, 1)rpreclation \.___ 17, Toth)Operating I:xpeusc 1 ,21.7,000 1,306,000 1,10(',000 1',306,000 • (Acid Lutes 8 tliton It 16) 1;t, NtiTOPfi11ATING IN('L1 IP 18,955 (70,045) (70,045) - (70,045L_• (LOSS)(Lino?le"17) .. _ .. . . . . . .. ... 'ONOPERATING INCOME — r 8G 000 86,000 86,500 - Iv/lases/wentn — Area A 86,000 86,000 _ _ _ ,.1"Wittoughhy —taHrr l' __144.040 ' _._..LA M(Q_. _ ' 14.6.0011 :1. Tool Nonoparathig louttme 86,000 230 000 230,000 230.(1(10 , (Add 19 and 20) r- :.1 (Arid Linca 1M nnc 21)) transfer to line A Schechlle 106,955 159,955 159,957/ - 159,955 • Budge Ant/Ertl,, IC sh Flo /proved by Governing Body . Attest:4S' 1 . tt C'.. 'a n r , x.}c�.rr.•h«y• P>.tN '....,'''.(; el,id ..',74(.(,476.3e.C.,r:r-• , • • . 9'..?•-f'';" '' A 1 Lrare Wad Id are L rd tJ` nr.cl ,' rr»er 1� � J Mai r 'an . , . • . 11 September 9 . 1980 i BOJX 055 PACE255 • .......k'' .........:::SZ.4..................a..........:4:■+"..+:0,...a:•:..,;,..4.-:........:1.1.0................ft..A....I...a.....u......• .t.•...,t............•I.......■.:.,........'..........:......t....!..:..............Z.:..............,..................,i......:•"..: . , . . . . . . . . r . .... . . ''• :. ' . . . • ' , ' . • • . . Schedule 2 . . . PRO3F.CTED CASH FLOW , _ • • . . . . ---,- — . - -- -- First i . 19 81 1 ____82 83 19 1 19 ...._ 11111 'tear 84 . , -----.-- , 104955 159,955 159,955 159,955 • 1.ine 22 from Schedule Income(loss) • l' —— Items In Operation%not Recititrint Cash: . . , • .. 7- . 1. Depreciation(line 16 Schedule 1) .• • . • ---- ----. • 1 .• . 2. Others: . . . __________ • . t . . i . .....1 • .. Cash Provided Prom: ... : ..- .• 1,790,00C ' - • . , . .. . . •f. 1. Proceeds from FmliA loan/grant t''.3 .• '.•.(' Proceeds from other:. r • -'•• •-7-- , .1.,‘.'I:. --._' -' • ......2.-.....:.---• -.---- .--• ----: .---• . 1 „t%,•. . • 3..Increase(Dekre'Le)citsccounts Payable;Accruals . • .-- .. ..... .....-. —. . %naC.421111abltitt Current LL,bIlitief, '1::.0 . ' 1.r:IC' I) "''.'""•:-.1 • • .. .' • .. , .i• .,.4..Dept*sencr ‘(Iease)In Accounts Receivable,1nventorles . ,.., i . tntl Other Current Asiets(Mtclattie Qui') . S. Others ..1■11.salillam mml. 01/•••■■••••••••• qmeaso. solm•■••■•••••.•••••• .............i•M••••••••.. . • •.. .• .••• • •• ... .4.. • . . a •"1 . • ...,,•.,•• 11.÷•■•••••••••• •••• ■■•■••••••••••.rr....6 ■•■■•■••••••■••••••■••••••■ ■••■•..... ....Ire ..1•••••••••■■■•••••••••• ■ • il .•• II./t!6 4 ao• .. . •■ ,,,,,, I • .. ....6„ • •• A ./: vi'll ,"—";. Ve.' '-'- ' 104-95r t 9/9-95' 159 955 - -. ':7 --159,955 .. , *OA.II....,..101.•....t.MI :.S1N.C.CO'' ' 'f '3C.Q'0 .:.---t--.2- -L1-;./—* ----1--_- . P.. '' :e;;.1.11C.,a.."ih 8xpended for: .. • . .. . .......". ... . _ ......,. : ... ,.. ........ . ... .., .. . . . . ..... . .. .. . , ••1.0 .• :i r.,) ..' • .1. Ali Construction,Equipment and New Capit:litleirCil C. 1 . 1 • (oan and Grant fUitdsi • • • -- -- • . . • ''' • 1 790 00C . .. . . . . . . . . . .. ----. -1---s-- -- -- -- 4:4s 2. Replacement and a,t,tt.t....•tr It...110Ni Pro ' perty, .... . 1 • ,,, , •••.,1',. ' 1. i‘ •. Plant and Eq • Uipment • • • ----- — ..-..—. —... . . :- 59,000 9 0 :•(.1-.,3.,PrtricIpni Payment fmtlA Loan; • 5 0C 59 000 ;•• (T : .113,uu0* • 4. Principal Payment Other Loans .... . . ---- --. -- . • 5. Other: •• '' -•- •,•,• I. 00 . c, .. .• .,. — 849 o6( -50 000' ------ 11sciao ‘ • . 6..Totalt 1,throughS . ._ .-' . :".... ,)•‘' 7"-?-9,---00( i.-21--- ------2---- • "Atid..1........ ... .. . . .. '. - ' .;"''° ----- .• . . I '. 45 955 146 910 ' • ,• P. beginning Cash Balan'cis .) : '.. "A) . ..."• 3.----- _1--.2.--. --!-- -----: . . . . .. . . . . . .. . ....... 4..,j.W0t....v. .,I v (.,.:::.- ( ,) ,1 G. Ending;Cash Italancei(tot al of 1)Mists P.6 Plus rj ' k? e„,„ 4„„...S45 955. „51/16.,,...„.91( a.s.„.2.....„,47 „.„865 ,..‘.....,..,....2.,; .,$,..........' 1'6.'955 Item G Cash Balances Composed of: •Construction Account - - t_______ 1_______ s - Revenue Account ;1 •7:...'.4.`'i're? , ., . ,, Si 'I .', A •..t' . .:.=.L.•:....:...... • i 6- 1(1 68 1---43-3 --- . . .. 4,955 • • Debt Payment Account . •■••••••. .•.....m. 3 tr,run 613,43Z OW Ac zount . A . 27 500 69 5ot 111 000 , . Reserve Account : • --2—. 2— ---2-- —s---. Funded Depreciation Account . , --- --- • . 0therst----.---- • • --a- —.--- --- . --..... .-...----..... --- ' i• 46,95 I . . . . . ........ .. . . . ....._.. .... . 7 i'■1.4'1. ' i 'Fatal•• Agtets With Item G-- • • • , . „;, , 7-,cs"t. 14.5.2.!5 1,.,,a6;a00.7.,:,..,?2, NIMIIIIIIIIIIIIIIIIIMII IILISMUSIMICONS' Lt..1..•... ..•,.. A. I.•2( .(:‘.1.V... . •I 1.C.i: •• • \. •.•% 1 11 .*. • . " . .... ..■ ' - •. . . ...... . • . . . . .... .. .. . . . .. II' Combined;. , pewit' "A" , “ $59,000.... .... . .. . • , .i. ,... Z\.:1! ,, ; ' 'gillottghby m' `54,000 : s .... . ;',"; TOTAL III-3;666/Principal Yearly:. ; ;c ,..;r1 ;\ ve!..••••■-.,' .,;. t.s.1 Y' , , • , t.■ .. i.: . k.t• .(.”.. .- t, l .% i.,u,:r.1. \z,coot. 1,1440..7CI. . •• . . . ..—. . ....... . , . .- .... .. ., . .. . ...... .- .. . .• •:. .• ..• ri''I i.. • ,,• :,..'• , . , - • ..- . • . r .:,:.•• ... 1 September 9, 1980 EXPENDITURE OF FUNDS UP TO $5,000 FOR PREPARATION OF ASSESSMENT PROGRAM IN CONNECTION WITH DEVELOPMENT OF COUNTY REGIONAL WATER SYSTEM - AUTHORIZED It was recalled by Utilities Division Director Berzon that on August 19, 1980 the Board adopted the Preliminary Engineering Report for the County Regional Water System and the finance requirements related thereto. As part of the Financing Plan, he continued, an assessment program was discussed and it has been estimated by the Consulting Engineers, CH2M Hill , that it will cost approx- imately $5,000 for the firm to: A. Prepare a map of the district showing areas assessed under previous assessment programs and areas presently served; B. Preparation of guidelines for establishing assessable footage - the preliminary assessment roll for the system is to be calculated on a front foot basis; and C. Preparation of the preliminary assessment roll . Following brief discussion, Commissioner Wimer moved, seconded by Commis- sioner Pistor and carried 4/0 with Commissioner Brown not present, that the expenditur! cf funds, up to $5,000, be authorized for the preparation of an assessment pl uy. am cr►nr__ 2n with the ... County's !'- Water System. , NEW ONE-YEAR LEASE FOR COUNTY WATER DIVISION WAREHOUSE - APPROVED FOR CHAIRMAN'S SIGNATURE Commissioner Wimer moved, seconded by Commissioner Pistor and carried 4/0 with Commissioner Brown not present, that the new one-year Lease for the County Water Division warehouse at 3906 Merchantile Avenue, be approved for the Chair- man's signature, pursuant to staff recommendation, and as detailed in the Executive Summary dated August 28, 1980. li September 9, 1980 E.;,R 055 ACE2 !. LEASE of STORAGE ,PACE Lease made this day of /1u ust ' 89 26t1�• Y ._. � , 19,_ I . between DONALD W. GRAY and BARBARA S. GRAY, d/b/a ALL-IN-ONE, . having its principal office at 318 Neapolitan Way, City of Naples, County of Collier, State of Florida, herein referred to as the Lessor and Collier County Board of County Commissioners of Room 517-A Building F, Ct.Hse.Comnl%:City of Mop1cs County of Collier State of Florida herein referred to as Lessee. In consideration of mutual covenants contained herein, thf? 4 parties agree as follows: 1. Lessor hereby leases to Lessee space number seven (7) 1 consisting of 1,000 square feet of storage area, in Lessor's warehouse located at 3906 ?lerchantile Avenue, City of Naples, County of Collier, State of Florida, for the term of one year(s) . ! 2. Lessee shall pay as rental for lease storage space l '.. . Ona Hundred Eighty_ and no/100 ($ 180.90 ) dollars per month, payable; without demand, in advance on the 21st.day of each month commenc- Ms. I'ling .l2.tember _,_.__._r 19 30 . I 3. Lessee assumes all risk of damage or loss of any damage or loss of any merchandise or goods located in or about the . leased space from any cause whatsoever and for all damage or loss • (that may arise from delivery, receipt, piling, stacking, or hand- 'ling the goods or merchandise of Lessee, whether on the premises s of Lessor or otherwise. 1 4. No perishable or hazardous goods shall be maintained in the space by the Lessee. On default or performance of this :rill Lease shall forthwith terminate at the option of the the Lessee shall be responsible for all damages y Lessor by reason of such default. . In the event of nonpayment when due of any installment cess to the room may be refused to Lessee until such , Ril id in full. All property remaining in the space shall I'.C�LIR, ALLEN MtMACKIN o subject to a warehouseman' s lion for the amount of rent in i nnrnayt at Law t-___1 411.---.6 • September 9, 1980 arrears. Such lien may be enforced in the same manner as is provided by the law relating to warehouse storage, generally. ' R % . Lessor may have access to the room by breaking into it or otherwise for the purpose of enforcing such lien. Instead of immediately enforcing its warehouseman' s lien, on nonpayment Lessor may, if it sees fit, store ouch property at the expense of Lessee, who . shall be^nme liable fo - ,.,.. storage ci:.,_ ,�:. Such storage. �...24ges shall be subject to Lessor' s warehouseman' s lien as they may accru . 6. Lessee, in addition to the first month's rent in the amount of One Hundred Eighty and no/100 ($180.00 ) dollars, hereby tenders the sum of Not Required ($ _0_ ) dollars, representing a security deposit against damage to the space or other damages resulting from this Lease. Lessee agrees that this deposit may be credited toward any rent that is in arrea. t:. at the discretion of the Lessor and acknowledges that no claim or .. - demand nA^A ti- made ^m Lessee for '. • -- -. ' , deposit _:. event of default in rent or damage to the leased space. 7. All improvements to the leased space made by the Lessee shall automatically become the property of the Lessor at the termination of the Lease. Lessor may elect to accept the improvements as made or may require that the Lessee return the space to its original condition less normal wear and tear. 9. It is expressly understood that this is a Contract of Lease and rental of space and shall not in any way be construed by the parties or otherwise as an agreement of bailment, deposit or storage. I IN WITNESS WHEREOF, the parties hereunto have executed this Lease at City of Naples, the day and year first above written ; Witnesses: BOARD OF COUNTY COMMISSIONERS i,t \ ' ; COLLIER COUNTY, FLORID HTTES' VILL AM ,I FEAGAN, CLERK �- " (e. ' , (t \ LESS ' ' ` II ( .J DONALD 1!. GRAY b BARBARA S. GRAY ItI' by: R. GEORGE FISCHER, REALIOR-AGENT ! ' ._ M Lr:5•an R. O'orgo Fi scher, !;FACTOR • ,.N.FA, ALLAN q_` , McMACKIN "n.yt el Lew 8091( 055 PAGE8 September 9, 1980 BOARD ACCEPTS AND AUTHORIZES RECORDATION OF QUIT CLAIM DEED FROM FOOT FOR PARCEL OF LAND ALONG SR 92 FOR LOCATION OF STORAGE TANK AND REPUMPING STATION RE GAODLAND WATER DISTRICT Pursuant to advice from the Utilities Division Director that the land involved will be suitable for the intended purpose, Commissioner Pistor moved that the Board accept and authorize the recordation of a Quit Claim Deed from the Florida Depart- ment of Transportation for a parcel of land along SR 92 for the location of a storage • tank u11d a rc,_aping station f, : '.e Goodland ;.'._trict project. The 7 '':':i was seconded by Commissioner Wimer and carried 4/0 with Commissioner Brown not present. * * * * * * * * " loth r September 9, 1980 SEP 9 3 38 Fil '80 COUNTY: Collier SECTION: 03060-2505 (3505)Proj . STATE ROAD: 92 1267 PARCEL NO: Part Parcels 2 & 3 6643;32 QUITCLAIM DEED OIL 882 r G 11.09 (Section 337.F.5 (5) , F. S.) THIS INDENTURE, made this .y/L. day of (.i.11 19 '70 , by and between the STATE OF FLORIDA, by and thr ugh the M ' STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, as the Party of the First Part and COLLIER COUNTY, FLORIDA, as the Party of the Second Part. k WITNES SETH : WHEREAS, the hereinafter described property held by the • Department of Transportation is no longer usea or needed and the Secretary of the Department on August 1, 1900, has approved conveyance to the Grantee without consideration, pursuant to the provisions of Section 337. 25 (5) . NOW, THEREFORE, THIS INDENTURE WITNE SSETII: That the Party of the First Part does hereby remise, release and quitclaim unto the Party (Parties) of the Second part, and assigns, forever, all the right, title and interest of the State of Florida and/or the State of Florida Department of Transportation to the property described on Exhibit "A", attached hereto and made a part hereof. TO HAVE AND TO HOLD the said premises and the appurtenances thereof unto the Party (Parties) of the Second Part. THIS CONVEYANCE IS made subject to any unpaid taxes, ansensments, limn, or encumbrances of any nature whatsoever which the Party (Parties) of the Second Part hera'inder and heroin assumes. ■ IN WITNESS WHEREOF, the State of Florida Department of Tran!:portntion has caused these presents to be signed in the name of `., U.11. Cot...:. a 6.4 .. .l .1 \. f. the State of Florida Department of .Transportation by its Deputy • • September 9, 1980 Secretary for Administration, and its seal to be hereunto affixed , attested by its Executive Secretary, on the date first above written. BM( 055 PACE261 Signed, sealed and delivered STATI�_.Ort. FLORIDA DEPARTMENT in our presence as witnesses : OF TRANSI OItTATION C� y Depu 'Secretary for ..� ,te , ; /ia . :;2, "�_ Admini,trat ion ATTEST: I1;�i r_+�;,,_!_._ ..�S EMT,) Executive ecretary STATE OF FLORIDA ) COUNTY OF LEON ) BEFORE ME, the undersigned ;"•tthorit:y, this day personally appeared LARRY K. O' DELL and ROBIN JOHNSON, Deputy Secretary for Administration and Executive Secretary of the State of Florida Department of Transportation, respectively, to me known to be the persons described in and who executed the foregoing instrument, and they severally acknowledged the execution thereof to be their free act and deed as such officers for the uses and purposes therein mentioned, a,,t,, L,la t they ....:ixed thereto L.t,r. ..._...,.L.tal seal ol. s...1a State of Florida Department of Transportation, and the said instrument is the act and deed of said Department. ,/ WITNESS my hand and official seal this / day of ✓r_l v , 19 g . 1 (NO'rARTAr• SEAL) .A-/ f . r /r,+ Notary Pub ic Notary PAN, Stale of Florida al tale ' Approved as to form and legality. My Commission Gpaet kn. li, 1984 State of Florida Department a.....AS ».,..r.,, CA...t.. c.wr..! of Transportation Ausistnn • t or r C/7 • • ' .. • E X H I B ut" OR. 88E3 1111 • September 9, 1980 • SRD 2 & 3 PARTS • 0306-Prof. 1267 S.R. 27-A COLLIER (03060-2505) • SECTION 0306-Prof. 1267 Commence au Lhe intersection ui the Westerly end of the Marco Island bridge with the Centerline of construction of State Road 92; thence run N 81°42'23" E a • distance of 241.26 feet along said Centerline; thence S 02°27'37" E a distance of 69.19 feet to point "A" on the Northerly corner of the most Easterly wall of the timber wingwall and the POINT OF BEGINNING; thence continue S 02°27'37" E a distance of 25 feet, more or less, to point "B";' thence S 39°09' 15" W a distance of 115 feet, more or less, along said wingwall to point "C"; thence S 87°32'23" W a distance of 185 feet, more or less, to a point on the Easterly Right of Way line of the ACCESS ROAD: thence North- easterly a distance of 155 feet, more or less, along said Easterly Right of Way line to a point on a line 25 feet Southerly of and parallel to the said Centerline of Construction; thence N 81°42'23" E a distance of 150 feet, more or less, along said parallel line to point "D"; thence S 45°16'11" E a distance of 55 feet, more or less, to the POINT OF BEGINNING; all in Section 13, Township 52 South, Range 26 East, Collier County, Florida. Containing 28,150 square feet, more or less. All as shown on the sketch attached hereto and made a part hereof. ?'TE or Ft,CP"nA rEPARTMENT OF TRlNSPORTATIDr I ,Yi i I OF WAY BUREAU L•C:.•CUiPl i�•N Kr PROVED . .. ' • . • . ., . . • • . • • • • .. .. ,.. • • • •. , . . . . . :81'•iK:.055 AGE 262 . (0 30 66 - ...6) c/l '3 11.1:0..1fiv . .' . • couri Ty ..,:' • , . . . . • ! • SECTION ..,13 TOWNSHIP .. .?,...-S RANGE 2 ..F: ('ii0Jb I cr y • • . . , 7'7=6 -- . . • . • . , . O.R. iep_tomber 9 198Q . . : • 8SZ PG 11 9030 10..‘,/ • . . • '; SC 13 . . • i i 101.--,tiG'i fit ---' ------------ .7. •-•.. .---....---.... .... • • .4''.:., 1 l•0 r FZG E. 2(-..; ; ■ _ .'4% . • • k..' .v" . • , , . . . , . • .. . ..._ ' • " •• • • • . ‘. r- • , .... co t--. 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' 01 f..r) 0 ...---------1\ ' • 41: (..:■•••••• 1 .1.0, I (I.! ...... •:-. 0 C.,1 .... ....,‘ . I ul .,,,....-----• , i.n ct • • ••••• I • • . .0! (..4I I to I . 1 • ......--•• . . ...-----' ca. ••.‘, . • . s.ik. , 2 , ",... . ------ { ( ..,,.- p f / ...-- s.....,-:.i.,0 ...---- . I R -- 4 .t..z.., I., -. . . . •11:,•!.....!..... ...:!-........•.6,.:,,Is*.• )— —.„:„.9. ' N.N*..1".0 / "..".........0................!••••••• . •■•,/ . •• 1:4•4.;•••■,. •'.''..•:•:•....; ;(4.1•.,1;'••• • N.... N.:\ • . . . ' 1..•;• :...1:.'!! •■•$:••• •.6,... \ . . . 1 k: '.1•■•■':•*:..:..);:',(1••••10.• . •0:w ... , 0// . . ■ • . 0 • • . • . l:' ' .•••••• g;;••• • '•-•0 in CI'. • ((A 1 •:.• ''f.-. • •--::•(-4. ••- • •-•. '...3..- w I CO II •■ II II . re to 0.1 tt 1•-•-.I / • • ' CD t‘i • / . • ., ' <I • • . , . : .: .0.1 . oR .. , • . . . , 0. — 1- I i RaEcimrotins.ER'smEms oort upe.gibtsi ' •„ - . • 1 •ai (.4I I a. I 1-.• unsatisfactory in Mb document \ ` A '. when received. . Z • ! ■...: •i•'.!..1:' •■ 0 • • •'':'t••••.4■f • . . • • • • , , 1, ' •1...0,:..:•:, .• .. 0 5'.. V.': :1 4)...ii.::■•‘' l • ---..... • . i•.•• ,I.,•;.P.;•'• • • . ' . STATE OF FLORIDA • , •:. ' ••■::"•••'0'•'-'41 ' ' DEPARTMENT OF TRANSPORTATION . .... 4 1 .• •• ,,. f,.,. .)., •N . . . • I: i)::•.;;;,,•ii...',$‘4:R.ii.:s..:. '. • '' '• ' • • • • ' PARCEL SKETCH FROM OFFICAL RIOIIT OP ,.•r :•,..ARIZA:PARENT,',TRACT OF sEcTion 03060-2505 STATE ROAD_. r:.4'.I i'• : •:}••■,.••:•.• ' • COLLIER . : Im.'• it''''' • Iti _COUNTY, FLORIDA. '... ' AREA\TAKEN . 28,150 Sq. Ft. DATED 69 REVISED—... . • ••:••, t• 1, snovoino MONT OF WAY on ERC.EtAINT Vro.,.. ''''• • .Aflak. OF iltF.MAIIIDE11 ___............ Itil. f14:1 TO t 141.10k.R1Y OF .......... .......•...••••.. .•:r---1 bt SCALE• I ' 109 OPtAINN 11.7]..TOU r DATE*:1 " :.. .... ..,..,. - . . . • ' . September 9, 1980 FISCAL YEAR 1981 CETA CONTRACTS - APPROVED FOR CHAIRMAN'S SIGNATURE, CETA Director A. James Meerpohl reviewed briefly the Fiscal Year 1981 CETA Contracts, as contained in the Executive Summary dated September 2, 1980, { , expanding on the various CETA Titles, the activities, the amount of funding for each Program, and the percentage of increase or decrease over the current year. • ' It was pointeu out by Mr. Meerpuhs that the Collier CCiA Department contaiueb to lower its cost per placement by increasing training activities in the private sector as well as developing a front-end training component for all CETA eligible ,, applicants in cooperation with the Collier County School District's Vocational • • Technical and Adult Education Departments. Commissioner Archer moved for approval of the Fiscal Year 1981 CETA Con- tracts and for authorization for the Chairman to execute the Contracts. The motion was seconded by Commissioner Pistor and carried 3/1 with Commissioner • Brown not present and Commissioner Wenzel voting in opposition. • . * * * * * * 0 September 9, 1980 ' :.Ta 055 PACE2G5 • DIVISION OF EMPLOYMENT AND TRAINING Financial Accounting_-_Public Title Admznist.rJfCion .... • Contract {__..__ Modification n - f vision of Employment and Training 1 Executive .Center Circle , West to 200 • lahassee , Florida 32301 . tlemen . xi the chief financial officer of collier County 'Board of County Conrnissionerf(t;a7• public body) and , in this capacity , I will be responsible for providi -. ; nancial services adequate to insure the establishment and maintenance c j ' accounting system for the collier County^•( i;-iz...cD-r°. .01ame of ap? t . L.:lel .. . • . • . ich is a public government _. (or non-profit) agency charged • rryi ng out a CETA program i n collier comnr.y`_____•__ ( name cf community ' e accounting system will have internal controls adequate to safeguard . sets , of such agency( ies ) , check the accurancy and reliability of acc� .. . g data , promote operating efficiency , and encourage compliance with escribed management policies of the agency( ies ) . t AL/1-1>J2-d- 1 . )(7422(1 • t e of Financial Vl . icer Signature Harold L. Hall Name of Financial Ofricer Chief Deputy Clerk/Fiscal Officer t°i t 1 e COU,TER (:OUNTX ItOnuT) OF cnityr\• (.r,n,,jaa1n . `c. 0k ' Name oT ?UDIiC Soay . t :ATEMEVT TO 3E SUBMITTED 3Y APPROPRIATE PUBLIC FINANCIAL OFFICER WHEN I • - . - •. . , e Arsatry no wusN THE ACCOUNTING SYSTEM OF A PRIVATE 11 . 1_1 L I I._._I• } r' September 9, 1980 .� • APPROVED 1'OK IHt JI'UN)UIt ... . ......... �.. .. BY:________. ("Signature �� PI Vy Signature• G V Name: • Name: 1.3.]..f_.foz(L.l•lenre1 ___ _ T i tl __- Title:._—_cb...0dx.m.1 ._ _r • Date: Date: St. 9 ]oI;Q_-. • ~ _ 6'i. • Witness: _.._._.__..__ — - • • Date: Alternative Signaturef Name: Title: Date: Witness !t-.r-�r.,�..-,,s_�_' 'r7 _ � Date: sep fl0 . • NOTARIZED STATEMENT OF AUT.HORITY TO SIGN CONTRACT STATE OF FLORIDA COUNTY OF COLLIE __ A I hereby certify that on this day before ne, a Notary Public uul, authorized in the state and county namedabove to take acknowledgements, personally appeared ._ C1iffor. 1 Wenzel to me known as the person • ��``utiiorir.e� Person) Chairman of Bonrc] of _,��?un.1:y.__C. urris::3.oner�, described as — _ -_ ._,.._.—._— - (Sponsoring Agency (Author .zed Person T _'r— who executed the foregoing instrument before me., and he/she acknowledged before me that he/she executed it in the name of and for that Operator, and that he/she has statutory authority or has legally been duly delegated the 1 authority to bind this Operator. WITNESS my hand and official seal in the county and state named above this ._9_t_h_ day of _.Sept .... ._ ..._____+ 1080 NNotiary ubi icr ✓ . 'My Colnaission Expires:___' 1..i_..'_.._.r • ROTARY Tintic $l/•e: C1.. 1/41 A1',.\twloJ Z�1 '"s..,..,A.•t 1.":4 1 • V I�� e0.K PACE/SD I. ' September 9, 1980 • r , (n0 NOT COMPLETE molt l ODIFIC:i'�TIONS) OBLIGATIONS:_I TON_, _-..'.,_-;.--_- nbl .ic3�tt.ed by the Sponsor. to the Operator shall •. 1 . The total fund: • not exceed $ 194 246.00 ___..._.__..� ------ ._.._._ • 2 . These funds cover the Agreement Period Octobor 1 -.-, through _Sej tcnnl�r.r r31_1!)81 _- • MODIFICATIONS: 1. The purpose of this Modification is to _. follows: . decreases does not a) This modification increases does a Change the funds previously obligated by $ ___. to total obligation of $______-- —_---- b) This modification changes the agreement period from ---_, __.._ through to througn • Effective date of this modification is __---_ _.._.__-.-------------- - a. �: ve - 3. This modification does not affect anyprovision of the original cor - tract and prior modification (s) + p t a any orrifl or by requirement is r.'.?:J;�r�'•Iii1y } r•OrerG otherwise this modification. All provisions a::cc:t�t. ��s expressly changed, contract and pr. .ior. modification (s) , expressly incorporated by • deleted, or otherwise altered herci n, or exi: } reference into and made a part of this modification as fully as if set forth herein. The Sponsor is not obligated to pay any amount for expenses incurrc• related to this Agreement prior to the effective date. The payment of funds under the co : ntract tonchefoperatoroispcontin- gent upon and subject to the re c the Sponsor from the United States Department of Labor. Page 2 of 3 • September 9, 1980 ^ N SIGNATURE SHEET FOR ADMINISTRATIVE. CONTRACT ' SOR'------ . -- NAME OF OPERATOR: CONTRACT NUMBER: i1tENT i-AB0 r•.ND • 'i.OYMENT SECURITY, collier i,uunt.y Board of. (,Dungy _ Modification .'I SIGN OF EMPLOYMENT Commissioners loners Number: `iD TRAILING, Delegated --.__ - '•uthority of the State Mailing Address for Warrant: Title: ntrttN7srrnTT.o'; ', ,,t Florida as Agent for 990 rirt:l, Avenue t;orth `re Governor as Prime __._.-__-- Funding Unit: ;�Onsor. i;nples, Florida 33940 Telephone: • (813) 261-0553 _ Project Title: Contact Person: A. :fames 1't(erprhl . This Contract/Modification is entered into between the Department of the Sponsor,Employment urity, Division of Employment. and Training, hereafter referred r,therSd ns �� and :collier Gount_Y_Board ter count: �_ Ca,.rn_..,.._.-,c_r __._____. rotor. the Operator agrees to provide iththet ��rovnsions orfPthi+s.rA�rcco,m�ndiviThissContract:/Iiodi lt; ;sr pursuant to and in accordance r p : ion consists of the following indicated exhibits which are hereby incorporated in and made i.. ,t of this Agreement by specific reference. X Narrative • ____�___ _...- Budyet and Budget Backup • - x-_ '_ _Expenditure Plan - x _ _Fidelity Bonding Statement Xr-- Financial Accounting Statement • - "-.X..._.'_.~Assurances and Certifications - ._ Affirmative Action Plan _____X X-- .. -Cost Allocation Plan The Fidelity Bonding Statement., Financial Accounting Statement, Assurances and Certifi- es '.ions, Affirc„ative Action Plan and Cost Allocation Plan, whiclhdarc attachedlto, incorporates and made a part of this administrative contract, ,tracts for which administrative funds have been obligated under this Agreement. %/A-Not Applicable Pane 1 of 3 September 9, 1980 • BOX 0E5 PACE MIMED I-Uil IIIE SI'UP;WI< JkI TIW VL:U tll,< II It UI'L,:HIUI< BY: ____ _ ---- ...__ BY:-.(....:1' _ -""i" ''�.��, ��( _..__---cSfgnaituro) Prij.►i Si gnal:ure�J� Name: Mame:.____C3.1..f.,f.c rd [.c1V-V4._ - .-___-- Ti tl e: __.__-_.._._.__.______._—. .. .� Title.• _ _ Chairman $a.-._____..._...� Date ___..._.__..__.. _..._ -• Date_: _--_Sc1it..�9�__ -y Witness: BY: _ __ _ .. __..- • Date: ni e—nati ve_ Sign T Liu e Name: Title: __-- _-_...__ Date:.____-- .. -_.. ._. Witness: /- - . r..:.. , ^' .:t�- Date: SepC:7, 19$0'- ._.—.,/ NOTARIZED STATEMENT OF AUTHORITY TO SIGN CONTRACT STATE OF FLORIDA • COUNTY 01COLLII:R _—`- • y I hei ,., ry th- ' ^'n this day b. '' " ' "- Public duly authorized in th,,. state and county named above to take acknowledgements, • personally appeared w Clifford Wenzel -_, to me known as the person --Para.) Person described as _Chairman of B oard of County Commissioner::; ------------------ - (Authorized Person) (Sponsoring Agency-j who executed the foregoing instrument before me, and he/she acknowledged before me that he/she executed it in the name of and for that Operator, and that he/she has statutory authority or has legally been duly delegated the authority to bind this Operator. WITNESS my hand and official seal in the county and state named above this 9th day of Sal't• , 19 RO_ Notarxibl is 4, 1 ►1y Commission pTg 'tticiTA . K�arss,ou ' . R!DA nT 0 Itu<u c 1fl,,,.•o:tC.IP 193 September 9, 1980 O LIG11TTONS: (DO NOT CO?IPLLTL FOR MODIFICATIONS) '' 1. The total funds obligated by the Sponsor to the Operator shall not exceed $� +,731.00 2 . These funds cover the Agreement Period October 1 , 19 80 4 through September 30, 19J81 3. The total Public Service Employment positions funded under this contra(' shall not exceed 35 g MODIFICATIONS: a 1. The purpose of this Modification is to as follows: decreases does nc, a) This modification increases does Change the funds prevxs ou ly obligated -ST to new total obligation of $ _- b) This modification changes thetaagreement period from through thrc,,,..,. ___ ._.____. _ ___ __-._.__ ___`r `«� increases decreases does c) This modification increases _ change the number of Public Service Employment positions available by ____— t'o - 2 . Effective date of this modification is __.___.____-_______.- 3. T}i.i.s modification does not affect any provision of the original contr% and prior modification (s) except insofar as any provision or require:,.. is expressly changed , deleted, or otherwise altered by this modificat ' All, provision; or requirements of the original contract and prior modification (s) , except as expressly changed, deleted, or otherwise altered herein, arc expressly incorporated by reference ferencerinto and made a part of this modification as fully as if i The Sponsor is not obligated to pay any amount for expenses incurred related to this Agreement prior to the effective date. The payment of funds under the cont.ractt•oatheaOperatorsis contingent upon and _,ub jec:t. to the receipt of fund.s Sponsor from the United States Department of Labor. Page 2 of 3 September 9, 1980 BOOK 055PACEZII 1' . ' PROGRAM COPT RACT • tjNSOft; N/�h)E OF OPEP.ATOR: CONTRACT t,'l1iriEft: PARTMENT OF LABOR AND ';PLOYMENT SECURITY, _--.Css11icr C.1.111t.y_ B9Arcl iVISION OF EMPLOYMENT _ Modific Lion �� AND TRAINING, Delegated Csoiint.L Con cissioneys Number•__ Authority of the State flailing Address for 4'ari n£' vI of Florida as Agent for Title: C.::. no:' u:i Pri` 99 Fifth /,venue i�or^h_.-._.__._ Sponsor. Funding Unit: B.O.S. • Naples, Florida 33940 ' Teleplione: (813) 761-0553 Title: Project T ' ects Contact Pcrson: Pro.� A. James t•ieerpohl This Contract/Modification is entered into between the Department of Labor and Employme;Y 'curity, Division of Employment and Training, hereafter referred to as the Sponsor, and Co tier County Board of County_C,ommtr,s lone rs , hereafter referred.to as the .orator. The Operator agrees to provide training and employment to individuals who qualify .me pursuant to and in accordance with the provisions of this Agreement. This Contract/Mod' ' 'Lion consists of the following indicated exhibits which are hereby incorporated in and nick Art of this Agreement by specific reference. X _narrative x� Budget and Budget Back-up • X Budget Activity Plan . X~`Monthly Program P l a n __ X^Direct Placement Plan X~Occupational Summary-PSE Xr _Significant Segment Plan . -__Fidelity Bonding Statement ________ :—Financial Accounting Statement - Assurances and Certifications r _ Affirmative Action Plan rrCost Allocation Plan The exhibits listed below are attached to administrative contract number yl are hereby incorporated in and made a part of this Agreement by specific reference: Fidelity Bonding Statement Financial Accounting Statement Assurances and Certifications Affirmative Action Plan Cost Allocation Plan %/A-Not Applicable • Pagel of3 fi. z September 9, 1980 APPOVE.D FOR THE SPONSOR ---- APE'ROVED F(1ff°THE OPERA1OR .�._ 0 BY:___ __ _. . ______ 'BY:_a bi,c_,(,..,&,..e.. e-. (Signature) Pr/ rr7ry Signatuld Name: Name: a:Lf f ardWenzel ______ :J_ Ti tl e Title: Chairman_ —_ __ Date: Date: _ ScpL 9_,_7 9$0 __..__ — _ OR Wit.r.css:_ _ ____ .__. _ BY: ___ Date:__ - .._____.._ Alternative Signature Name: • Title: .. Date: ' Witness: Date:_ S-c;•..:. 17_T9"8.0-'-2 ..- NOTARIZED STATEMENT OF AUTHORITY TO SIGN CONTRACT • STATE OF FLORIDA COUNTY OF COLLIER I hereby certify that on this day before me , a Notary Public duly . authorized in the state and county namcdahove to take acknowledgements, personally appeared _ Clifford if£ord Wenzel , to me known as the person Author ZaTe-rson) -' of Board of County Comini ssioner Chai.xm n described as s _._ . _..._..., .._.. -- Aut.{ioi�i-zcrd Persori)'-- (Sponsurfng Agency- �_ who executed the foregoing instrument before me, and he/she acknowledged before me that he/she executed it in the n<:mc of and for that Operator, and that he/she has statutory authority or has locally been duly delegated the authority to bind this Operator. 'AMISS SS my hand and official seal in the county and state named above 1 this -9th day of .... Sept . 19- 80' a �i G '1..rile-, a... _.....�' e r 4.. ,._._ ' otory� , .. , 1 •, My Cuninission Expires: __ _ ' ' a uktr h.R11C SIAit or l:ntlb.�AT 1A7111 ' A4'■t O AMi .)1(.vt LANAIS/44.171743' 1J II1 /4.17 1743 10.^No+t► into C.N.MI: 11,S. tn.:JO:etla Iin ' September 9, 1980 BG�R 055 FACE/ d1;LIGATIONS: (DO NOT COMhl.ETE: FOR MODIFICATIONS) 1 . The total funds obligated by the Sponsor to the Operator shall not exceed $ 256,731 .00 _ _.___ _._ 2 . These fun' s cover the Agreement Period Oct. r 1 • , 19 80 through ScJ�t.crinUrr-30, 19ti1..,- • _� __ 3. The total. Public Service Employment positions funded under this cont“r. shall not exceed — 3;.__ ....._..... _. _ • MODIFICATIONS : 1. The purpose of this Modification is to M.... _ __ __. as follows : a) This modification increases decreases does not Change the funds previsouly obligate l)y $ -- _ to a new total obligation of $ b) This modification' changes the agreement period from _ through __----- --- - - to c) This modification increases decreases _ does • change the number ci�- P itTic Service Employment positions available by _____ t o _--•----------- 2 . Effective date of this modification is .,_•_ ____.__ ______•_____._._____.._..__.. 3. This modification does not affect any provis i.on of the original cont, . • and prior modification (s) except insofar: as any provision or requirer:,,.:• is expressly changed, deleted, or otherwise altered by this modi;icat.' , All provisions or requirements of the original contract and prior. modification (s) , except as expressly changed, deleted, or otherwise altered herein, are expressly incorporated by reference into and made a part of this modification as fully as if set: forth herein. The Sponsor is not obligated to pay any amount for expenses incurred related to this Agreement prior to the effective date. The payment of funds under the contract: to the Operator is contingent upon and subject to the receipt of funds for said purposes by the Sponsor from the Uni led States Department of Labor. Page 2 of 3 it----111_ r.._ _.. 4.---. September 9, 1980 «.. . PROGRAM CONTRACT :' SOB: NAME OF OPERATOR: CONTRACT NUaLR: ('ARTMENT OF LABOR AND ' „'I.OYMENT SECURITY, c o i l ic:r Count.L toord of: County -� :VISION OF EMPLOYMENT ��- --r_ - i�odificat o -- AND TRAINING, Delegated Contni sn 1onerr. _ ___ Number:_-,_ _----___. . Authority of the State P1�i1 inn Address-for Warrant: of Flo, c.Sa as Agent ft. Title:_ v.. _ ___ the Governor as Prime 990 Fifth-' Avenue lDrth Sponsor _.._...__.._..._.. `._ -.__— _..__.__ Funding Unit: 11.0.s. Naples, Florida 33940 r Telephone: ... .. (813) 2_61-0553 Project Title: Contact Person: Sustainment A. Tame ; 1fccrpohl . This Contract/Modification is entered into between the Department of, Labor and Employment urity, Division of Employment and Training, hereafter referred to as the Sponsor, and Cpllier_Count;y. l�oard• of_Coun y_ Co:enin nioners , hereafter referred to as the •rator. The Operator agrees to provide training and employment to individuals who qualify foe ' pursuant to and in accordance with the provisions of this Agrc!ement. This Contract/Modifi ion consiliIs of the following indicated exhibits which are hereby incorporated in and made a - -t of this Agreemen' -;", : fic rrr .rence. _ X Narrative !�X _� __Budget and Budget Rack-up __x_, _Budget Activity Plan ` —X!_ __-Monthly Program P l a n r.�.X. Direct Placement Plan _.._..X. Occupational Sum:r::ry-PSE X_... _Significant Segment Plan . Fidelity Bonding Statement____.._ -- -Financial Accounting Statement _ Assurances and Certifications ____ _Affirmative Action Plan - Cost Allocation Plan 1 The exhibits listed below arc attached to administrative contract number _ fire hereby incur uor•ated in and tnade a part of this Agreement by specific reference: Fidelity Pending Statement Financial Accounting Statement Assurances end Certifications Affirmative Action Plan Cost Allocation Plan !kit Applicable i : ue 1 of 3 :;bQlh September 9, 1980 BCJX 055' FACE ,75 ' APPROVE I) I OR TI(I'. SI'W6OR /tl'I'ROV1 1) iOi{ 1 HI: UPI:RA I UR BY: _ _ . ._._ BY: (VA'fej( �J , /N prim, ' Siorrature r V • Name: ' Nam. : Cli.f ord Wenzel _ _.. ._ Title: Title: C1 i.rman Date: pate: _ r Sep _. . ,... .980 _... ..._ OR Witness : BY: Name: Title•._._______--___. .__ ________ • Da t.e IJi tness NOTARIZED STATEMENT OF AUTHORITY TO SIGN CONTRACT STATE OF FLORIDA COUNTY OF COLLIER • I here!" ^_..4.4f ' that Po this day her--- -,^. , Not -v publ is duly authorized in the state and county namcd above t.n take ac howl ed,;'ii nts, personally appeared _ C.1.i.firor;d .Wenzel . to me known as the person (authorized Person) described as Chairman . _> of _.Board._of. .Ccunty...corrmi-asio (Authorised person) __._ (Sponcoririg AgencY) who executed the forego i uc) instrument before rare, told he/she acknowledged before me that he/she cxccuted it in the rt,r;sa of and for that Operator, and that he/she has statutory authority or has legally been duly delegated the authority to bind this,Operat.or. I 1 WITNESS my hand and official seal in the county and state named above this 9 Ch day of Sep et blic V r r I 4 My Co:anission tco,a.1•.rAS;:.Ct•.T;LG_! !.W comr,11�a .11 ail;WA lw A, • L.—I 1_11 ii-.......40 q . ? . September 9, 1980 Olibit;ATIONS : (DU NUT CUMV.1&;Th -.1.U)( muuleiCATJUN ) •, • _ . • . - .1. . The fotal funds obligated by the Sponsor to the Operator shall not excet:ti $ 98 887.00 2 . These funds cover the Agreement Period Ociober 1 , 19 80 _..._.. ._—_ .__.._.._ through Sesqember 30 1981 _—,__________ • ! 3. The total Public Service Employment positions funded under this contr i shall not exceed . • . . ; i MODIFICATIONS: .. 1. . The purpose of this Modification is to ..— _ _ : as follows : . q • a) This modification increases decreases does 1.:(,' Change the funds previsouly obligate by $ to a new total obligation of $ __ . _____ __ ___ . , b) This modification changes the agreement period from _ through to through _ . . c) This modification . _ . increases . .. _. _ decreases _._ doe : change the number ..T.ri5-6-5-Tic Service Employment positions availaW by . to . _..__.__ ...._.. 2 . Effective date of this modification is . 3. This modification does not affect any provision of the original cont..r • and prior modification (s) except insofar as any provision or require:— is expressly changed, deleted, or otherwise altered by this modificai. ' —' All provisions or requirements of the original contract and prior modification (s) , except as expressly changed, deleted, or otherwise altered herein , are expressly incorporated by reference into and mad( a part of this modification as fully as if set forth herein. ' The Sponsor is not obligated to pay any amount for expenses incurred . reLd ed to this Agreement prior to the effective date. The 1.ayment of funds under the contract to the Operator is contingent upon and subject to the receipt of funds for said purposes by the Sponsor from the United States Depaitment of Labor. Page 2 of 3 September 9, 1980 13cJR 0 PACE • •�� • PROGRAM CONTRACT .-.SOB: __. OPERATOR: CONTRACT NUMBER:: !4T:•1CNT OF LABOR AND .Oli1E�'( SECURITY, t.0)1,11R COUNTY BOARD OF COUNTY !S10N OF LMPLOYMENT - — -._ ...___._.____._._ ►.1odi f _ ...n.�. ___. . . O TRAINING, Delegated c;oAtMi;:STO1;1:1:5 Number• _ __ • 4uthori ty of the State �1�i i-i ng-•ficicfress for 1�ar:i�iit:-- - — !,: Florida as Agent for Title: IV • he Governor as Prime 990 Fifth Avenue North - - 7 :lonsor. Funding Unit: BOS >\taplesj Florida 33940 �° Telephone: (813) 26.1-0553 ---__ Project Title: Contact Person: YETP A. James Neerpohl This Contract/Modification is entered into between the Department of Labor and Employrnen;. . urity, Division of Employment and Training, hereafter referred to as the Sponsor, and ! ic'r CountLhoard of Couittx_COHnnissi,one_rs _ , hereafter referred to as the • ra T tor. he operator agrees to provide training and employment to individuals who qualify fc pursuant to and in accordance with the provisions of this Agreement. This Contract/Modiii on consists of the following indicated exhibits which are hereby incorporated in and made of this Agreement by specific reference. x Budget and Budget Back-up Budget Activity Plan • __- x Monthly Program P l a n X Direct Placement Plan ----occupational Summary-PSI: •___ _Significant Segment Plan Fidelity Bonding Statement Financial Accounting Statement __ Assurances Assurances and Certifications _ _—__ Affirmative Action Plan —Cost Allocation Plan The exhibits listed below are attached to administrative contract number _ are hereby incorporated in and made a part of this Agreement by specific reference: Fidelity Bonding Statement Financial Accounting Statement Assurances and Certifications Affirmative Action Plan Cost Allocation Plan 1 .-Not Applicable Page 1of3 f September 9, 1980 Ct?;J,1CM'IO\S : (DO NO'!' COM1'J,J•:1'J: FOR t•1o17lFJC/1'1'I0N3) 1. The total funds obligated by the Sponsor to the Operator shall not exceed $ 142,t;G7•.00-----.-._�_�r.__.• t�l��r 1 , 19 i{U 2. Those funds cover the Agreement Period •___•.__ 0c . _.. through Scac•u►bc:r 30, lc)81«—•—. 3. The total Public Service Employment positions funded under this cont.) shall not exceed 97 . MODIFICATIONS: ' . 1. The purpose of this Modification is to —.-771-E-7.611-6v7:77— ----•-- a) This modification increases decreases __— does Change the funds prevasouly obligates liy to__ — _a.__ a new total obligation of $ b) . This modification changes the agreement period from --,tfiro►igh 4 through _ to — increases decreases does c) This modification __ ___ •-- - change the nutnbi.r. oT Ful fic Service rinploy;acnt positions avr'1l.abl by' to 2. Effective date of this modification is _+_ __—_,___.._ 3. This modification does Y:ot affect any provision of the original contr. and prior modification (s) except insofar as any provision or require,! is expressly changed , deleted, or otherwise altered by this : odifica. All provisions or requirements of the original contract and prior modification (s) , except as expressly changed, deleted, or otherwise altered herein, are expressly incorporated by reference into and made a part of this modification as fully as if set forth herein. The Sponsor is not obligated to pay any amount for expenses incurred reaated to this Agreement prior to the effective date. The payment of funds under the contract to the Operator is contingent upon and subject to the receipt of funds for said purposes by the Sponsor from the United States Department of Labor. Page 2 of 3 kr . .. (. . . . . r. ; . . . getx 055PAGe 279 September 9, 1980 • 'Ai qiiioW b FOR 'file "'SPONSOR •• DY:___ .. -- - BY: C• I-' 0igatcn Y. - . .... . i ... _ . ___ hr ' y signature 1` Name: Fame: Cliff ord W cnz el e , m _ Title: Title Chairan Date: Date:. _ iC-9;1n 0"-- • OR ), Witness:____ _ BY• _.. — t Date: �. �� _,, ~711 to-native S gnature Flame Title: • • Date: aWi tness - -,t-� )�� __ •. Date: Sc tr,,_(1', 1980 c ti NOTARIZED STATEMENT OF AUTHORITY TO SIGN CONTRACT STATE OF FLORIDA ce ` COUNTY OF fa7T•T 'T FR + • . r I hereby certify that on this day before me, a Notary Public duly .authorized in the state and county namcdabove to take acknowledgements, personally appeared _Clifford Wenzel _ , to me known as the person cfiutliori ed Person) described as Chairman , of Board of County Commissioners (/ utiiorizeci person (Vcili oriny njency who executed the foregoing instrument before me, and- he/she acknowledged before MC that he/she executed it in the name of and for that Operator, and that he/she has statutory authority or has legally been duly delegated the authority to bind this Operator. WITNFSS my hand and official seal in the county and state named above this ._._.9th day of Sol)r• 1.980 , . .7.. ....:;01--)s--(...—.0 •,),*•-vrt. - •fa*1.40. Notary Pub]lc toTMY Nutt St.\tE C1@ 11.0.11D.YhT IJJ MY CO.% ISSIo1 t41/1Si,tiu.17 tl%3 P My found s s i t fl ,6Xp1 r r$1.. .. i.. ' ' :41. Y �1s • September 9, 1980 • . PROGRAi4 CONTRACT • .'UNSOR: NAi1l OF OPERATOR: CON CONTRACT iiUMI3Eft: PARTMENT OF LABOR AND :•PLOYMENT SECURITY, Collier County Board of ;VISION OF EMPLOYMENT Modification AND TRAINING, Delegated County Corrnnissioners _ Number: _ ' Authority of the State Mailing Address for Warrant: II-p of Florida as Agent for Title: _.. the Governor as Prime 990 Fifth Avenue North Sponsor. -- Funding Unit: B.O.S. Naples Florid, 33940___ _--_ Telephone: . (813) 261-0553 Project Title: Contact Person: FSE A. James 11eerpohl This Contract/Modification is entered into between the Department of Labor and Employment curity, Division,'of Employment and Training, hereafter referred to as the Sponsor, and r'ol l ier Count1 Bo,lyd_ of Corky, Co>>nlAs?e wrs ___—_ �, hereafter referred to as the ;gyrator. "The Operator agrees to provide training ancf employment to individuals who qualify ..rye pursuant to and in accordance with the provisions of this Agreement. This Contract/Modi f . pion consists of t:,_ '.. .waing in ' '-'ted exhibit: . ' ' _r,;. incorporit0A :11, ;r,:dr. rt of this Agreement by specific reference. • x _ _Narrative x _ _ Budget and Budget Back-up —`x J`Budget Activity Plan x —Monthly Program P l a n x Direct Placement Plan Occupational Suin,r,ary--PSE __Siynificant Segment Plan ' Fidelity Bonding Statement Financial Accounting Statement _ Assurances and Certifications — _ -Affirmative Action Plan Cost Allocation Plan The exhibits listed below are attached to administrative contract number —_ are hereby incorporated in and made a part of this Agreement by specific reference: Fidelity Bonding Statement Financial Accounting Statement Assurances and Certifications Affirmative Action Plan Cost Allocation Plan t ' ; •Not Appl irdhle BC:.R 055 ME . September 9, 1980 UIVI\ IUII UT L:!I�) IoymenC dno II'dlrlin� _BSoar. t ot County^_l:omrniss toner; ...__.-. ... . .�.. . - - -- . ._...._.. .�......_.. �P,I'I'TtOVE�I)��FOR ?HC .Of�l:flA'lO� ..- ._ APPROVED FOR T111 SPONSOR .. ....._. .-..-------- f� Signature __.._-..__._...CSi�n �. • atiirc ... rZa ,n��y n � Name: • Nalne: Clifford Wenzel • Title: ------- Title: .-Chairriiiiri __" Date: ___ _--.__.".-. --_--- Date: _-S-ePE9 19('0- OR Witness: Alternative Signature • • Name:Title: Date:__ NOTARIZED STATEMENT OF AUTHORITY TO SIGN CONTRACT • STATE OF FLORIDA COUNTY OF COLLIER I hereby ; hat nr phis day befog : "..b1ic duly authorized in the state and county namcdabove to take acknowledgements, personally appeared Clifford Wenzel , to me known as the person Au thorizzed-156 rson) described as Chairman o of Board of County Commissioner::; S niisorin -71-6—e ne TAit:hori:.cd f er'son . C_n. 9 Y)_._.� who executed the foregoing instrument before me, and he/she acknowledged before me that he/she executed it in the name of and for that Operator, and that he/she has statutory authority or has legally been duly delegated the authority to bind this Operator. • WITNESS my hand and official seal in the county and state named above ,this ._..9t:h day of _..�rpl:...-.. ._. _> 19 8Q._ Notary ? blc , , bt novo 14)1441 1Y nlC StJ:SE l.�zC2'ILLS I �S v��WC► t lit My Cornnis s,ilwoZ, u j I • September 9, 1980 OBLIGATIONS: (DO-NOT COMPLETE FOR MODIFICATIONS). .w_ • The total funds obligated by the Sponsor to the Operator shall not. exceed $ 505,815.00 2. These funds cover the Agreement Period October 1 , 19 80 through September 30, 1981__ ' 3. The total Public Service Employment positions funded under this contract shall not exceed N/A . 1 MODIFICATIONS: 1. The purpose of. this Modification is to : as follows: a) This modification increases decreases does not Change the funds pre ilouly obligated by to a new total obligation of $ • b) This modification changes the agreement period from through to _._.... ---.. tbrough c) This modification increases decreases does n change the number of_IT tic Service Lmploymcnt positions available by .__ to .w___.r._.___• 2 . Effective date of this modification is 3. This modification does not affect any provision of the original contri:c: and prior modification (s) except insofar as any provision or requiremc• is expressly changed, deleted, or otherwise altered by this modificat.ic All provisions or requirements of the original contract and prior modification (s) , except as expressly changed, deleted, or otherwise altered herein , are expressly incorporated by reference into and made a part of this modification as fully as if set forth herein. The Sponsor is not obligated to pay any amount for expenses incurred related to this Agreement prior to the effective date. The payment: of funds under the contract to the Operator is contingent • upon and subject to the receipt of funds for said purposes by the Spon:;or from the United States Department of Labor. • Pace 2 of 3 • t. f September 9, 1980 • BCOX 055 PACE283 FOR ,, PROGRAM CONTRACT )N.S012: - - - ._.._.__.._.__._--. -_ . N1ii.iF. OF OPE:RATURt-._..' ...-_..._._._.._.w__..- CO N I`IAACIE •i iI:.i if i•`P: _..___.. :f RTMENT OF LABOR AND : ..'EAYMENT SECURITY, 0.91 1 1(1K. co�,,,t:y r_�,,r �r Co,,,,�� _..... .. _._._ . VISION OF EMPLOYMENT _. . iNadificatiort AND TRAINING, Delegated co, min.onners __ Numr�(:er•,_._.......___.—._._.._.. Authority of the State Mailing Address far Warrant: of Florida as Agent for Title:_._..._??: - --- the Governor as Prue 990—;.: ..n Avenue 1ortti _.__..__.— B.O ..Sti —-"' - Funding Unit: . .._ ponsor. Napiesr_ FL 33940 • . _ ______ ._. _...__ Telephone: —....-- - (613) 261-0553 Project Title: Contact Person: __._____—_..._.--.--.-. ___. . A. Jn1nQ•J Alcerpohl __,._—.__ _.__.._._—_..__. ._ _—_— — ____._._ This Contract/Modification is entered into between the Department of Labor and Er?loyr i.r.. 'curjty, Division of Employment and Training, hereafter referred to as the Sponsor, and .c'111ier County floctrd of County commisni.oner.s —, hereafter referred to as the .A-ator. The Operator agrees to povide training and ' ploynent to individuals who qualify ! me pursuant to and in accordance with the provisions of this Agreement. This Contract/l.:,di - ;lion consists of the following indicated exhibits which are hereby incorporated in and red :rt of this Agreement by specific reference. X Narrative x _ Budget and Budget tack-up ----R------Budget Activity Plan X _ Monthly Program P l a n ___—X__ _ Di rect Placement Plan _31/A_____:Occupational Summary-PSE x___ Significant Segment Plan ____Fidelity Bonding Statement —`__ _Financial Accounting Statement _______ and Certifications -_-__Affirmative Action Plan _-__ Cost Allocation Plan k The exhibits listed below are attached to administrative contract number ___ _ •.d are h;:reby incorporated in and made a part of this Agreement by specific reference: Fidelity Bonding Statement Financial Accounting Statement Assurances and Certifications Affirmative Action Plan Cost Allocation Plan 4`. t i/A-Not Applicable ti r! Page of 3 Pa e 1 RECORDER'S MFvm. , __ .... L____J L___I i.--m September 9, 1980 `h • 4. 4; • BONDING STATEMENT M' f. 3. CONTRACT NO. MODIFICATION NO. • • !N k ' • • Department of Labor and t Employment Security Division of Employment and Training 2551 Executive Center Circle, West Suite 200 Tallahassee, Florida 32301 4 ;o Whom It May Concern: , Arrangements have been made for the bonding of every officer, director, agent or employee of the Operator' s agency who is authorized to act on behalf of the Operator for the purpose of receiving or depositing funds in program i accounts or issuing rinancial documents, checks or other instruments of pay- ments for program costs to provide protection against loss. Under policy number sir9f41__ with AETNA Insurance Company r . �_—____ "1" • r company) we are bonded for S 250.000.90 __ until indefinite • y (expiration cafe or-pond) i '' The amount of our coverage reflects the lower of the following: (1 ) 5100,000.00; or t (2) The highest advance received through check or drawdown during the -receding grant year considering all C,'"iA contracts or, for new Operators, the , highest advance through check or drawdown planned for the present grant year considering all CE'iA contracts. Collier County Board of County Commissioners Name Opera? ,// ie / , Signature ord nzel rman 1. Title « Sept. 9 , 1980 ¢ Ca to . . J September 9, 1980 BOOR 055 PACE285 • ASSURANCES AND CERTIFICATIONS TO CONTRACT N iT B-! • • •Uollicr• CotnL; r,ird•of Couni•,• • li.:sioners (Name ' of ORGANIZATION) , hereinafter referred to as the Operator, hereby . makes the following assurances and certifications, (which by this the above referenced ccntrac-) reference shall become a part o_f to tlae Department of Labor and Zmulo_ �.er.t S'�curi tv, Division of mol'oyment and Training , hereina ter referred to as the Sponsor: I. General Assurances: . ' ' A. The Opera`lr assures and certifies that: (1) It will comely with the requirements of the Comprehensive and �- , � � of herein- after plcyment Training Act META) of 1973, as amended, ere- .- after referred to as CZTA or the Act, and with the recula- tions and policies both Federal and State promulgated thereunder; and . « (2) It will comply with Federal Management Circular (FMC) /4-4 , and le 41 CF; _ a those :., • -.a4-icns relate to the functions such as the utilization cf funds, the operation of programs, the maintenance of record, books, accounts , and other documents under . the Act; and (3) It further makes such assurances and certifications as are required by the Act or any regulations promulgated ilunder the Act and any such assurances and certifica-. • tions not expressly stated herein are incorporated • herein by this reference as fully as if expressly set forth. B. The Operator assures and certifies that it will comply with all procedural instructions issued by the sponsor and with all state laws pertaining to programs under the Act, and rules and regulations promulgated thereunder. C. The Operator expressly waives any right it may have to a formal al hearing pursuant to Section 120. 57 (1) , Florida - Statutes , relative to this contract. The Operator specifi- cally agrees that all hearings relative to this contract shall be conducted In accordance with the provisions of Section 120 .57 (2) , Florida "tatutes. it O D. The Operator and Sponsor agree that the place of the enter- ing of this contract is the County of Leon, State of Florida , in which county and state all matters relating to the a validity, construction, interpretation and enforcement• of this contract shall be determined. Page 1 of 11 ?ages ' 1 September 9, 1980 The Operator further assures and certifies that when • '. E. ." the CET i Federal or State regulations promulgated under Act or the State Employment and Training Act (Section • 450 .50-55 Florida Statutes) are augmented, amended revised, it shall comply with them or will notify the • Sponsor within fifteen (15) days after written notifi- • car; rDn of the change that it cannot r-nrform with the regulations, so that the Sponsor shall have the option to terminate the contract. t F. The Operator shall comply with Title VI of the Civil Rights Act of 1964 (Public Law 99-352) as amended. G. The Operator shall comply with the requirements and pro- visions of the Un{form Relocation Assistance and Real Property Acquisition Act of 1970 (Public Law, 91-646) as amended, which requires fair and equitable treatment of persons displaced as a result of Federal and federally- assisted programs. H. The Operator assures that this program does not involve political activities , political patronage , or nepotism and that it shall comply with all relevant provisions of t the pr^' • -• pal aa.i-;i y of certan the c3i..�. ,..� •:t-ich i..ml.. State and local government employees. I. For subgrants, contracts and subcontracts in excess of $100,000.00, or where the G. S. Department of Labor Grant Officer has determined that orders under an indefinite quantity contract or subcontract in any year will exceed * $100,000. 00 , or if a _facility to be used has been the sub- ject of a conviction under the Clean Air Act (42 U.S.C. 1857 c-8 (c) (1) or the Federal water Pollution Control Act (33 Q.S.C. 1319 (C) and is listed by the Environmental Protection Agency (EPA) or is not otherwise exempt, the Operator assures that: (1) No facility to be utilized in the performance of the proposed subgrant, contract and/or subcontract has been listed on the EPA List of violating Facilities;• ~ (2) It will notify the Sponsor, prior to award, of the receipt of any communication from the Director, Office of Federal Activities, U. S. Environmental Protect on Agency, indicating that a facility to be util' aed _ r the subgrant, contract and/or subcontract is under • consideration to be listed on the EPA List of Violating Facilities; and That it will include substantially this assurance., in- in every nonexempt subgrant, eluding this third part,_, contract or subcontract. 1 Page 2 =f 11 ?ages RECORDER'S MEMO: Legibility of wit*. Tyrtog or Prlatias pawpaw is this d000anent • September 9, 1980 • .J [ °. :.R 057 FACE • II. Assurances Relating to Project Operation A. The Operator assures and certifies that all persons . participating in training under the Act shall receive . • allow..:-as pursuan' !-^ Section 124 ' further the Operator that assures and certifies th no participant will re�G allowances :nom funds under the Act for institutional or classroom training for more than 104 weeks in a 5-year period. B. The Operator assures and certifies that no individual shall participate in .programs receiving financial ass's- tance under the Act for longer than a total of thirty •• months in any five-year period. For purposes of this subparagraph, no period of rarticipaticn prior to October 1, 1978 , shall be included in the computation of such • thirty months (Section 121 (c) (2) ) . C. The Operator assures and certifies that work experience programs conducted undcf:: the Act shall not exceed a total . , of 1,000 hours for any individual (other than an in-school you,..., , _or ar.' _^ar, and --- -^7..,;. tbP., 2 ,000 hours with- in a 5-year period beginning en octumer 1, 1978 . D. The Operator assures and cep•'"` " °s that no participant will be paid wager, from funds under the Act for service employment for more than 73 weeks in a 5-year period. E. The Operator assures and certifies that no more than 26 weeks of public service employ ,ent financed in whole or in part under the Act prior to October 1, 1978, shall be considered as part of the 78 weeks . F. The Operator assures and certifies that work experience programs conducted under the Act, except for in-school youth, shall be subject to the limitations cn duration • specified in Paragraph 3 above, unless the Operator is notified in writing by the Sponsor that the Sponsor's plan, as approved by the U. S. Secretary of Labor; estab- lishes that the lack of alternative job opportunities in . the area makes such conditions and limitations impractical. -t. f: that it shall adhere G. The Operator assures and certifies �. at .. to the following provisions of the criminal code: (1) whoever, being an officer, director, or agency, or employee of, or connected in any capacity with any agency receiving financial assistance under the Com- prehensive Employment and Training Act knowingly hires an ineligible individual or individuals, em- bezzles , willfully misapplies , steals , or obtains . by fraud any of the moneys , funds, assets, or property 9 which are tie subject of a grant or contract of assis- tance pursuant to such Act shall be fined not more ' a September 9, 1980 • than $10 , 000 or imprisoned for not more than 2 years, or both; but if the amount so embezzled, misapplied, stolen, or obtained by fraud does not exceed $100 , such person shall be fined not more than $1,000 or imprisoned not more than 1 year, or Loth. O ' (2) Whoever, by threat or procuring dismissal of any person from employment or of refusal to employ or refusal to review a contract of employment in con- • nection with a grant or contract or assistance under the Comprehensive Employment and Training Act, in- duces any persons to give up the month or thing of • any value to any person (including such grantee agency) shall be fined not more than $1, 000 or sm- nrisoned not more than one year, or both. (3) Any person whoever willfully obstructs or impedes or endeavors to obstruct or impede, an investigation or inquiry under the Comprehensive Emplcv ent and Train- ing Act or, the regulations thereunder, shall be oune:.hed b'r a fine of not more than $5 ,000 or by _m- prisonme..,. _or not mcre _ _.._ , or by __ . fine and imprisonment. E. The Operator, if operating programs for youth funded under Title IV of the Act, further assures and certifies that: (1) Youths participating in program, projects , and activ- ities under subparts 2 and 3 of Title IV, shall be youths who are experiencing severe handicaps in ob- taining employment, including but not limited to dose who lack credentials (such as a high school diploma) , • those who require substantial basic and remedial skill development, those who are women and minorities, thcse who are veterans of military service, those who are offenders , those who are handicapped, those with de- pendents, or those who have otherwise dencrstrated special need, as determined by the U. S. Secretary of Labor.. (21 Training and work experience for eligible youth will be coordinated with school-related programs, in- cluding the awarding of academic credit pursuant to ' Section 426 (b) (2) of the Act. (3) Applications will be coordinated to the maximum extent feasible with the plans submitted under Title II , but services to youth under that title shall not be re- duced because of the availability cf financial assis- tance until Title IV is in accordance with Seth on 436 (a') (2) of the Act. 1 4 ?ace 4 of 11 paces September 9, 1980 MIK Oa5 rgai9 (4) Arrangements will be made with public assistance agencies on the employment of youth from families receiving public assistance, including parents of • dependent children. • r 4 • ri:le -� with , : r^-=sonnel ry . I. The CnP:ator shall �.-:aply M...: 4,, regulations of its organization with regard to program staff and participants. The Operator assures and certifies that a copy of its personnel rules and regula- tions will be available for review by the Sponsor at all times . The Operator further assures and certifies that every participant, prior to entering employment or train- . ing, shall be informed of his cr her rights and benefits in correction with such employment or training and shall be info-led of the name of the employer and of the .ccm, plaint and hearing procedure applicable to then (ec't'��n 12'1 (a) ( 3) ) . C. Operator certifies t has developed a.^. Affirmative The Opera _ - this Action plan to cover all staff and participants under is contract which has a pattern generally reflecting the group to purpose : The puose of the plan is to assure equal e employment and ll.__._n ac .L... . _ :. ;nr'n -- • in this contract. . Z. (1) The Operator shall shall establish safeguards�to prohibit . employees from using .. their pcsitcn (s) for a pur- pose that is or gives the appearance of being ncti- , vated~ by a desire for private gain for themselves 0". others, particularly those with whom they have family, business or other ties. (2) The Operator further assures and certifies that it shall avoid organizational conflict of interest, and its personnel shall avoid personal conflict of interest and appearance of conflict of interest in awarding financial assistance, and will conduct pro- • i curement activities involving funds under the Act in accordance with the code of conduct requirements for financial assistance :rcgrams set forth in 41 CFR 29-70. 215-4 CSection 1231q1 ) . (3) ' Pies that it shall not The Operator assures and cer rt t pay funds under the Act to any nongovernmental in- . dividual, institution or organization to conduct an the Act if such in- evaluation of any program under �- dividual, institution or organization is associated with that program as a consultant or as a technical a advisor (Section 121 (h) (1) ) . : L. The Operator assures that no officer, employee or agent of its organization shall solicit or accept gray.,: y' 's, RA favors or anything of monetary value from any actual or potential contractor or subrecipient (Section 123 (g) ) . is • n•..+n 4 n4 1 1 •Ar'•A4 tj September 9, 1900 will establish monitoring procedures to en- M. The Operate. �r.l_ e�tabl_ '� g Pr sure that its program is in compliance with : , (1) The Act and the regulations, (2) �:he provisic,.- ,f its coneeze*• with the Sponsor; and �r (3) the provisions of any subcontracts it has awarded. . N. The Operator certifies that no funds provided under the n any way Act will be used i (1) to attempt to influence in any manner a member of Congress to favor or oppose any legislation or appropriation by Congress; or (2) to attempt to influence in any manner State or local legislators to favor or oppose any legislation or appropriation by such legislators . Ccrcmunicatiors and consultation with State and local legislators for purpcses of providing information such as on matters necessary to provide compliance with the Act shall not be considered lobbying (Section 123 (g) ) . 0. The Operator assures that every officer, director, agent .. i or employee of its organization who is authorized to act on its .: 4 2.-e purpose i t7; or depositing funds into program accounts or issuing fi checks or other instruments of payment for .program costs . shall be bonded to provide protection against loss. The amount of coverage shall be• the lower of the following: (1) $100 , 000 .00; or (2) the highest advance received e preceding grant year through check or cLawCOw-n during �.sh considering all C:.TA contracts or, for new Operators , the highest advance through check or drawdown planned for the present grant year considering all CET? contracts (Section 134) . P. The Operator assures that program participants will not be employed on the construction, operation, or maintenance of that part of any facility which is used or to be used fcr sectarian instruction or as a place for religious worship; and participants shall not be involved, nor C'TA funds emended, for religious or anti-religious activities. Q. The Operator assures that preference in public service em- ployment enrollment shall be given to those who are the severly + /antaged in terms of length of unemploy- ment d_sad_ • ment and their. prospects for finding unsubsidized employ- ment and that special consideration shall be given in filling public service jobs to qualified public assistance recipients (or persons who would be eligible to receive public .assistance according to established criteria if they would apply for such assistance) , and special disabled and Vietnam-era veterans with special emphasis on those who served in the Indo-China theater cn or after August 5 ,1964 and on or before May 7 , 1975 (Section 122 (b) ) . Page 6 of 11 pages September 9, 19$0 MA p 055 PACE r R. Administrative Control and 'Reporting. • (1) The Operator certifies th t `•e _ adequate administrative and accounting controls, • personnel standards , evaluation procedures , avail" , ability of inservic•.: training and technical assis- tance programs and ether policies as may be necessary , rreomote the pCf ct_ve use of funds and to comply with CZTA regulations.• . , (2) The Operator assures that it shall give the Sponsor, r b. the Comptroller General, the Department of �a,.,o.. and/or �. through any authorized representative, access to and the right to examine all records, hocks , _avers, or documents related to this contract. . (3) The Operator assures that it shall maintain an accurate and complete record of each applicant, and of each oarti- cis ant' s participation in all CETh programs , including dates of entry and termination in each activity; and s'.ai. retain such records for each participant for a period of five years from the date of enrollment into the program. (4) The Operator certifies that it shall submit reports and _ /r- r+i cipant d^''° ,s recu`.'re'.d with_'.`. the time frr established by the Sponsor a:?L ..c_i T.aint8_:) records as the Sponsor shall require in keeping with .. . generally accepted accounting principles. All financial and program operations records shall be maintained and retained for a period of five years following the • termination date of this contract and shall include applications on all persons lying for C TA, as a well as on participants. r (3) The Operator certifies that all financial records re- . . la`ing to public service employment roc rams ' and records of the names , addresses , positions and salaries of all persons employed in public se-mice jobs shall he maintained for at least five years and made available to the public. (5) The Operator agrees to submit to audits and inspection by the Spor.so, and/or by the C"=i=ed States Sec_eta_r of Labor as may he required by C. :A or CZTy regu- lations or any other applicab le 'Federal author_ ies , and further agrees to make such reports to the Spcn- ` sor regarding matters which are the subject of this .. contract o t as may he required cy OTT;, the CZ_y red;:- c r. F l ations U. S. Department of :ace_ or the Sponsor. The Operator shall he res:cns___e for reimbursing the Sponsor for all audit charges that the Sponsor incurs . , as a result of the Operator ' s failure to have necessa records available for inspection and review, _nc_udin k but nct limited to having audit its completed and 4 `r ?ace 7 of 11 paces September 9, 1980 • program records in proper form. Such reimbursement bursement may not be charged to administrative costs under this contract and such charge shall not result in any penalty whatsoever to participants. . , (7) (a) The Operator ce4rifies that .1111 comply W.t • Department of Labor regulations relating to property and that t:.tle to all property purchased with CET? . funds remains with and is vested in the Sponsor. The Operator, upon request, will return all property obtained with C. TA funds to the Sponsor. (b) The Operator shall be responsible for the upkeep and maintenance of that property and shall maintain the property in its original corcition, ordinary wear and tear erected. (c) The Operator assures and certifies it will .conduct all procurement transactions , regardless of dollars amount or method of procurement, in a manner that provides for open and free competition. The extent . +- ^4 e--mpeti'.-:;.cn shall be consistent with the mount involved. :.ne Operator it may --- procurement procedures provided that they meet the minimum requirements of 41 CFR $29-70.216. The Cper- • ator further certifies it will maintain records or files sufficient to detail he history of any procure- ment and demonstrate compliance with 41 C:R §29-7(). 215 . (3) thirty days of termination of The Operator shall within �. �. services submit a Closeout Package which shall include a final statement of all unreimbursed costs related to the terminated portion of the contract. S. Previsions Concerning Working Conditions and Benefits. (1) General Working Conditions. The Operator agrees that con- ditions of employment or training shall be appropriate and reasonable with regard to the type of work, geographi- cal region, and proficiency cf the applicant and that no participant will be required or permitted to work, be trained or receive services in buildings or surroundings which' are unsanitary, hazardous or under working conditions w� or dangerous to the participant' s health cr safety. Participants employed or trained for inherently dangerous occupations , i.e. , fire or police jobs , shall be assigned to work in accordance with reasonable safety practices (Section 121 (d) ) . (2) t i y with the minimum wage recuir_... The Operator agrees to comply ments specified under the Act. Page 2 cf 11 ;aces , September 9, 1980 BOU Q55 PACE 3 ` that training will not be for • (3) The Operator assures -• any occupation which requires less than two weeks of pre-employment training unless employment opportunities are available in that occupation. (4) (a) The Operator assures t� at training provided here- 'ain_ under shall have a reasonable expectation of lead- . 1.ng to unstdiZed emr_� -t and shall provide for the development of each participant' s potential consistent with his/her capabilities. • (b) The Operator cer;certifies that participant in ,or on-the-job training, public experience shall be assured of workers ' com- pensation coverage including medical, accident and income maintenance insurance at the same level and to the same extent as other similarly employed employees of the employer who are covered by a workers ' compensation statute or system. Where coverage of similarly emo cued, non-C?.='A employees is provided through a self-insurance system, coverage of any CZTA parti cipants shall also be provided through that system (Section 121(d) (5) ) . �a� ?nom (C) The Op�_�,.cr also c�- -.- each , who is employed or enga,7 �d are not covered cy an applicable workers ' compensation statute shall be a t insurance provided with medical acci.-ez� coverage and that such coverage shall be adequate and comparable to the med;cal and accident insur- • ance provided under the applicable State workers ' . • compensation statute (.Section l21 (d «) ) . (d) r'ur ther, the Operator assures that each participant in an on-the-jcb training or public service employ- ment program shall also be provided heal`" insur- ance, collective bargaining agreement coverage and L the same other benefits and working conditions at th level and to the sane extent as other e.�:plc•?ess similarly employed (Section 122 (.<) ) t RECORDERS MEMOS Lesibuiq of writing. T7P�i or Prtatiai unsatisfactory in t� document wino taodred. i 1 Page 9 of 11 pages ■ t t.. September 9, 1980 . 4 T.. The Operator agrees to comply with the average annual wage rate established by the' U . S. Secretary of Labor for public service employment participants hired on or after April 1, 1979. This average wage rate .for Florida Balance of State Operators shall not exceed $ III. Operator' s Authority and Certification. A. The Operator certifies that it possesses the legal authority 'r ' to apply for the contract; a resolution, or similar action 4 has been duly adopted or passed as an official act of the Operator' s governing body authorizing the filing of an appli- catic : with the Sponsor, including all understandings and . assurances contained therein, and directing and authorizing the person identified as the official representative to act in connection with the application and provide such . additional information as may be required. S. The Operator cert?f i es t_:a t C y y funds shall to the extern.t practj cable be used to supplement rather than supplant the level of funds that would otherwise be available for the • planning and administration of programs under the Prime SpOnswJ. grant. C. The Operator shall not assign any interest in this contract, and shall not transfer any interest in this same (whether by assignment or novation) without the prior written consent of the Sponsor. D. The Operator certifies that the information in this contract or is correct to the best of its knowledge and belief and the filing of the grant application was fully authorized by its governing body. _v. Work Performance Assurance and Termination Clause. A. The Operator further assures and certifies that upon written or oral notification from the Sp onsor of noncompliance with any of the assurances and certifications contained herein and contract provisions and work programs , it will immediately take the necessary corrective action required to remain in this agreement. If the conditions of non- compliance with ,...is ac- } • - motions and assurances compliance with any of the certifications conditions of noncompliance with • contained herein or the co.. -t any other provision of the contract of which this is part ,rr within thirty days after receipt of oral is not corrected - . or written notification of such noncompliance, the Sponsor shall have the richt to immediately terminate this contract or otherwise :pod` ry and/or decbligate funds, at its option. 3. The Sponsor shall have th e right to unilaterally modify . and/or decbli gate funds from this contract by giving ten (10) days notice to the Cperato,* =o- -elure on the part _ of the Operator to expend funds according to the plan, and - enroll participants according to planned levels by activity . September 9, 1980 f , i C - BC,ic 055 PACE 2g5 C. The Operator has carefully read and examined all the assurances contained herein and agrees to comply with all assurances and contract provisions and work programs. The Sponsor shall have the right without liability to terminate this agreement for the Operator' s violation or breach of any of the contract provisions, assurances or stipul ations �rYfaiiure the Opera �o properly az.d timely fulfill its obligations under this contract by giving written ' notice to the Operator of such termination. The Sponsor shall be the sole judge of whether the Operator has complied . 1 with the terms and conditions governing this contract. The j termination for cause shall become effective upon notification .s to the Operator by the Sponsor. The Operator shall repay and/or refund any funds which were improperly spent as de- I" termined the Sponsor and shall also refund remaining funds by th to the Sponsor for damages sustained by the Sponsor as a result of any breach. 0. Either party may terminate this contract for convenience by 1 giving the other notice of said termination in writing signed by an authorized agent cf the Operator or Sponsor at least thirty (30) days prior to the effective date of such - term nation. E. The Operator agrees that the Sponsor' s financial obligation • to the Operator shall be limited solely to the amount and terns of this contract. :n addition, the Operator agrees j • to hold harmless, and if necessary defend and indemnify the Sponsor from all claims, liabilities , suits of any nature ' whatsoever arising out cf, because of, or due to the breach of this contract by the Operator, its delegates, agents cr employees, or participants here -der or due to any act or ' • occurrence of omission or coraissicn of the Operator. '. By this signature on this page, the operator certifies that it has read and understands all of the provisions of his • contract and agrees to the assurances, certifications , sti_u- latiors, and information contained herein. tires' ;•'.4 ( r, ( , . u ' •SIGNA:OR MUST BE SAME INDIVIDUAL WHO SIGNED THE SIGNATURE SEZET ON BEHALF OF THE OPERATOR. t RECORDER'S MEMO: Laj biliq of writing, Typing or Pristisi sasetiWfaotory in this document 1 when received. September 9, 1980 ROUTINE BILLS - AUTHORIZED FOR PAYMENT-, Commissioner Archer moved, seconded by Commissioner Pistor and carried 4/0 with Commissioner Brown not present, that the bills be approved for payment, same having been processed following established procedure with funds available, as witnessed by the following checks issued from September 3, 1980 through September 9, 1980: ACCOUNT CHECK NUS. BCC PAYROLL - CETA 3595 - 3798 COUNTY CHECKS 11786 - 11959 BUDGET AMENDMENT 80-173 TRANSFERRING FUNDS TO PROVIDE FOR PURCHASE OF POOL TABLE FOR GOLDEN GATE COMMUNITY CENTER - ADOPTED IN THE AMOUNT OF $600 Commissioner Archer moved, seconded by Commissioner Pistor and carried 4/0 with Commissioner Brown not present, that Budget Amendment 80-173, transferring funds from Utility Services to provide for the cost of purchasing a pool table for the game room at the Golden Gate Community Center, be adopted in the amount of $600. * * * * * 7. September 9, 1980 • NU 055 PACE 29'7' BOARD OF COUNTY COI•MISSIONERS COLLIER COUNTY, FLORIDA BUDGET AMENDMENT 0 Requires Board Approval ' l_7 Doe', Not Require Board Approval (tr.�,nsf:rr within object code range) FUND GOLDEN GATE COMM. CTR. , OPER. DEFT. GOLDEN GATE COMMUNITY CENTER DESCRIPTION: Transfer of funds from Utility Services to provide for the cost of purchasing a pool table for game room. i TO (Increase) : Other Machinery & Equipment 148-572-1-15-88-010-G43 $ 600 FROM (Source of Funds) : ' Utility Services S 148-572-1-15-88-010-430 $ 600 C m y M /D v Dir. Fiscal Offic r. Poeu-d of County Comm. BUDGET AMEND. 11 r. o. l Approve ]. , Approval : Date: q„5,70 Date: Date: Sept . 9 , 1980 No. 80-173 DISTRIBUTION: Board Records' (original) /7 Accounting Department Fiscal Officer Purchasing (Equipment Only) Dcpart:ment,(n) Affected /J Budget Analyst . __...... .... _ _.._ --------- ---- Rev.12/17/79iiLtl .—_.. September 9, 1980 ti BOARD APPROVES CONVENING IN BUDGET REVIEW SESSION AT 9:00 A.M. , THURSDAY, SEPTEMBER 11, 1980 Commissioner Archer moved, seconded by Commissioner Pistor and carried 4/0 with Commissioner Brown not present, that the Board convene in Budget Review Session at 9:00 A.M. . , Thursday, September 11 , 1980. Fiscal Officer Harold Hall advised that the first budget to be reviewed will be the General Government ` � Budget which will give an indication of "where we stand" on ad valorem taxes RESOLUTION 80-183 REQUESTING STATE ASSISTANCE IN FUNDING IMPROVEMENTS TO ACCESS ROADS SERVING HENDRY CORRECTIONAL INSTITUTION - ADOPTED Commissioner Archer moved, seconded by Commissioner Pistor and carried 4/0 with Commissioner Brown not present, that Resolution 80-183, requesting State assistance in funding the necessary improvemnets to access roads serving Hendry ,f. Correctional institution, said access road being Collier County Road No. 858, be adopted. 0 * 4 i t 1 RESOLUTION NO._ 80-183 . 60J4 U55 FACE2199RESOLUTION REQUESTING ASSISTANCE IN FUNDING THE NECESSARY IMPROVEMENTS TO THE ACCESS ROADS SERVING THE HENDRY CORRECTIONAL INSTITUTION WHEREAS, the State of Florida Department of Corrections constructed a correctional institution in Hendry County immediately across the County line which has access only by Collier County Road No. 858; and WHE;.:.A , said Correc c:..1 institution ,;i : . :,arve approximately Tr inmates and employ approximately 200 people; and WHEREAS, both roads have required little maintenance over the past years due to the low level of travel on the roads; and WHEREAS, since the construction of the Correctional Institution and the resulting increase in traffic, the roadways cannot provide the level of service required; and WHEREAS, due to the increase in traffic since the opening of the Correc- tional Institution, the roadways have become a source of numerous complaints due to the rapiu;j .;C�er;orat4. ; :'irface; and WHEREAS, said roadway also serves as a vital"farm to market"; and WHEREAS, the increase in traffic is placing an undue burden on the taxpayers of Collier County; and WHEREAS, the current estimated cost for improving County Road 858 serving the Hendry Correctional Institution is $450,000.00; and WHEREAS, Collier County does not have sufficient funds to provide these urgently needed improvements nor should the taxpayers of Collier County be required to expend their funds for access to a state facility located in another county. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners that you are hereby urgently requested to assist Collier County in providing funds in the amount of $450,000 to make the necessary improvements to the access roads serving the Hendry Correctional Institution. BE IT FURTHER RESOLVED that copies of this resolution be furnished to: A Governor Bob Graham Representative Mary Ellen Hawkins Senator Jim Scott Senator Vin B. Poole c,,„,f,” rnnrn/ Ltilll,n,�nn s; Commissioner Archer offered the foregoing Resolution and moved its adoption, seconded by Commissioner Pistor , and upon roll call , the vote was: AYES: Commissioners Archer . Pistor. Wimer and Wenzel NAYS: None . ABSFNT AND NOT VOTING: Commissioner. Brown Done and ordered this 9th day of September , 1980. A ATTEST: BOARD OF COUNTY COMMISSIONERS WILLIAM J. REAGAN, CLE'Y COLLIER COUNTY, FLORIDA 64,:r6- '/ - I: - - ( ( ,...,„,,,., ..._...• , : ... ... t" —CLIFiq D WENZEL, CNAI A.N , , . i • , I • • .K 055 PAGE WE September 9, 1980 t; REQUEST FOR LEAVE OF ABSENCE FOR PURCHASING DEPARTMENT EMPLOYEE FROM 9/19/80 UNTIL 1/19/81 - GRANTED Commissioner Archer moved, seconded by Commissioner Pistor and carried 4/0 with Commissioner Brown not present, that the leave of absence requested by Mrs. • • Barbara Pickens, Purchasing Department employee, be granted with leave to begin September 19, 1980 and ending January 19, 1981 , as recommended by staff. • • tXTEisoiON OF ..i.i LOYMENT CENTRAL, ..iTH ENVIRONMENInL .(,.SULTANT JAY HARMIC NEW FY BUDGET BECOMES EFFECTIVE - GRANTED Commissioner Archer moved, seconded by Commissioner Pistor and carried 3/1 with Commissioner Brown not present and Commissioner Wenzel voting in opposition, that the current Employment Contract with Dr. Jay Harmic, Environmental Consultant, be extended until such time as the new fiscal year budget becomes effective, as • ` recommended by Community Development Administrator Virta in his memorandum to • County Manager Norman dated September 3, 1980. STAFF DIRECTED TO PROVIDE RECOMMENDATION FOR APPOINTMENT TO SLATING COMMITTEE FOR APPOINTMENT TO THE BOARD OF DIRECTORS OF THE SOUTH CENTRAL FLORIDA HEALTH SYSTEMS COUNCIL, Administrative Aide to the Board Mary Morgan advised the Board of the request by Edward W. Houch, Executive Director of the South Central Florida Health Systems Council, Inc., for an appointment of one person to a slating committee from which selections will be made to fill vacancies on the Council 's Board of Directors. At the direction of the Board, Ms. Morgan said that she will solicit recommenda- tions from interested parties for BCC appointment. ADDITION OF PRESENTATION BY JOHN M. LOWE TO AGENDA UNDER PUBLIC PETITIONS - APPROVED; PETITIONER'S REQUEST TO PLACE MOBILE HOME ON A CERTAIN GOLDEN GATE ESTATES PROPERTY FOR NINETY-DAY PERIOD WHILE CONSTRUCTING RESIDENCE - APPROVED; OFFICIAL APPLICATION TO BE MADE BY PETITIONER Pursuant to information supplied by Commissioner Wimer and County Manager Norman, Commissioner Archer moved, seconded by Commissioner Wimer and carried 4/0 • with Commissioner Brown not present, that John M. Lowe be permitted to address the Board under Public Petitions this date. Mr. Lowe requested permission to move into a mobile home on property located on the north 1/2 of Tract 60, Unit 26, Golden Gate Estates, more generally des- cribed as being on 11th Avenue, S.W., off SR 951. He commented that the Board has approved such requests in the past for persons wishing to live on their properties 0 while a permanent residence is being constructed and requested like consideration. September 9, 1980 Responding to Commissioner Archer's query about the period of time involved, Mr. Lowe said that three to four months will be more than sufficient. Commissioner Archer moved, seconded by Commissioner Wimer and carried 4/0 with Commissioner Brown not present, that the request by Mr. Lowe be granted for a ninety-day period, subject to renewal. At Chairman Wenzel 's direction, Mr. Lowe agreed to make an official applica- tion through the pertinent departments. ATTORNEY'S RECOMMENDATION FOR SETTLEMENT OF LAWSUIT RE DOUBLE TAXATION MATTER - APPROVED County Attorney Pickworth referred to his memorandum dated September 8, 1980, with attachments, wherein his recommendation for the settlement of the class action double taxation suit is set forth. Attorney Pickworth said that he and City of Naples' Attorney David Rynders worked jointly on the Stipulation for Dismissal document which he said is basically what the Board has authorized for the settle- ment of the dispute, pursuant to the Frank Spence Report. It is his recommendation, said Attorney Pickworth, that the Board authorize the payment of $2,000 1u atcm- ney's fees to the Plaintiff's Counsel , Edward R. Miller, adding the comment that it is his belief that the Court would award such payment in any event and the settlement proposed is an easier way of disposing of the matter. • Commissioner Wimer moved, seconded by Commissioner Archer and carried 4/0 • with Commissioner Brown not present, that the recommendation for the settlement of the lawsuit in question, as contained in the Stipulation for Dismissal document • be approved. Commissioner Wimer asked that the record reflect that he continues to be opposed to including the Sheriff's Department, and the Engineering, Road and Bridge, and Parks Departments in the settlement. • RECESS: 10:55 A.M. until 11 :20 A.M. at which time Commissioner Brown joined the meeting. RESOLUTION 80-184 EXPRESSING BCC APPRECIATION TO FARMERS HOME ADMINISTRATION AND STAFF FOR MAKING $7,500,000 FINANCIAL PACKAGE AVAILABLE TO COLLIER COUNTY HOUSING AUTHORITY - ADOPTED Commissioner Brown explained that he has this date returned from a meeting in lmnokalee with the Collier County Housing Authority and the Farmers Home • .:;.tom.. � ,. , ry BOOK O5. PACE3O3 September 9, 1980 Administration, during which meeting he received praise from the Housing Authority to the Board for their cooperation rendered over the years. The Commissioner said that this praise was very heartening and proposed that a resolution be adopted extending appreciation to Farmers Home Administrator Michael Hightower, and his staff, for making available a $7,500,000 financial package to the Collier County Housing Authority. 1 Commissioner Rrnwn moved, seconded by nN Y4 p _ by Commissions m r and unanimously carried, that Resolution 80-184, as detailed above, be adopted. F * r 1 * l' * * * 1t il * * * September 9, 1980 RESOLUTION NO. 80-184 EXPRESSING APPRECIATION TO THE FARMERS HOME ADMINISTRATION ,`I WHEREAS, the Board of County Commissioners ' or COI-1Gi County, F.iu....da, acknowleages with deep appre- ciation the assistance of the Farmers Home Administration to our community; and WHEREAS, this Board wishes to specifically ex- press its appreciation to the Farmers Home Administration for making the $7,500, 000 financial package available to the Collier County (lousing Authority; and WHEREAS, this Board recognizes that the Collier County Housing Authority is a separate entity pursuant to F1oriuu otdtutes; ......ever, this ducat.. .L.Istr.umental hl, r.. the formation of said Housing Authority; and WHEREAS, this Board is concerned about the hous- ing opportunities available to our residents--specifically, those available to our farm workers; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Collier County, Florida, that it hereby recognizes the help and assistance rendered to the county by the Farmers Home Administration and its staff with 1 1 the awarding of $7, 500,000 to the Collier County Housing Authority. Done and ordered this 9th clay of September, 1980 while convened in regular se s:;ion. BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA 1 WII.Ii J. REAGAN, ,RK ..,........... ...... _ __ 1 ete4g.......c.n an ..w rA ,•) . 055 PACESO5 September 9, 1980 PETITION CP-80-11C, ROBERT TUYLS, REQUESTING AMENDMENT TO COMPREHENSIVE PLAN FOR �! PROPERTY LOCATED IN Si , 750S, R25E - PUBLIC HEARING CONTINUED UNTIL 9/30/80 Legal notice having been published in the Naples Daily News on August 8, 1980 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition CP-80-11C, filed by Robert Tuyls, requesting an amend- ment to the Comprehensive Plan from Commercial and 0-6.22 Residential Land Use to 6.22-30 Residential Land Use for property located in Section 1 , Township 50 South, . • Range 25 East. Planner Lee Layne, locating the parcel under discussion on the map displayed, stated that it is an L-shaped piece of land lying on the north side of Davis Boule- vard, northeast of the Bill Barnett Toyota dealership. The petitioner, said Ms. Layne, is requesting a land use amendment to allow for moderate income housing for 153 units. Referring to the Staff Summary, she reported that the CCPA disagreed with the recommendation of the Public Works Administrator that Pine Acres Road be constructed from Davis Boulevard to Estey Avenue because of concern for the safety of the children attending the adjacent middle school , recommending instead that the only entrance for the project be located at Davis Boulevard, together with cne `\\ further recommendation that 3/4 of an acre be provided for park area, as stipulated by the staff. • Community Development Administrator Virta pointed out that the staff is still of the opinion that there is a need for the Pine Acres Road construction with Deputy Chief Barnett voicing agreement, among his reasons being the fact that the pertinent area is very low-lying and an additional means of egress is important in the event of a large storm. Mr. Wafaa Assaad, of Wilson, Miller, Barton, Soll & Peek, Inc. , and repre- . senting the petitioner, stated that his firm prepared the exhibits for the petition and provided the Board with details concerning the zoning of the surrounding area, and other pertinent information with regard to the site. He said that the project has met with approval from all of the appropriate agencies, complies with all regu- lations such as setbacks, landscaping, recreational facilities, and the like. Re- garding the paving of a platted road, as referred to earlier, Mr. Assaad explained the reasons why this would be undesirable; i.e. school traffic carried on Estey C' Avenue, objections from the Flamingo Estates and Estey Avenue residents, and the fact that the two streets involved are not aligned exactly, thus creating an ad- k ditional traffic problem. September 9, 1980 4 Lengthy discussion followed the problems which would arise because of the fact that the area has formerly been used as a dumping site for not only excess building materials, old tires, and the like, but also for organic material . Pubic Works Administrator/Engineer Barksdale agreed with Commissioner Wimer that there could be a problem with water quality, suggesting that, since one of • • the stipulatiuns imposed is that Lne master drainage plan be reviewed prior to • approval , that borings and the like be made, for test purposes. Utilities Division • Director was asked to comment and said that he is not thoroughly knowledgeable about the site but that much would depend on the age and nature of the material deposited as to whether or not it would pose problems. Assistant County Attorney Pires requested further clarification of the plans for water and sewer facilities, referring to what appears to be a conflict between the petition for amending the Land Use Plan and the Rezoning Petition with regard to the sewer connection. Mr. Assaad said that the water system will be connecte L.ne exist':., ::ty system, ail. _.,ma-Iction will - to The Glades system or the King's Lake existing plants; however, the provision for an on-site plant was an added safety measure in the event either of the named facilities and that assurance by contract will be provided before final . approval is obtained. Mr. Kenneth Johnson, Estey Avenue resident, apprised the Board of his per- sonal knowledge of the type of material which was deposited in the ground and said that it would be impossible to remove such debris. Moreover, continued Mr. Johnson, due to the size of the lakes planned and the number of units projected for the area, the plan is a "dream" and voiced skepticism that it could be completed as planned. Mr. Elton E. Townsend, Estey Avenue resident, questioned whether or not an on-site sewer plant could be built, if necessary, due to the size of the parcel and the available area for such facility, with provisions for drainage, and the like. He also commented on his knowledge of the debris deposited, voicing his concern over the possibility of obnoxious odors being emitted. An additional resident of Estey Avenue, who was not registered to address the Board, also voiced opposition to the planned project due to the problems she is facing with the foundation of her home cracking and evidencc of "sinking" being witnessed because it was build on filled ground. BOOR 055 PACE/ September 9, 1980 There was additional brief discussion concerning the size of the units to be built and the need for economical housing facilities in the County. Further expressions of concern over the establishment of housing over a dump-site were voiced with Commissioner Wimer stating that he would feel more "comfortable" with any type of project proposed if the engineers had more knowledge of what is underground on the particular site. Mr. Assaad said that prior to construction all rnginer-inq data requirrd 011 be submittr-+ 4nrluding borings, and the like. Commissioner Archer moved, seconded by Commissioner Wimer, that the subject petition, and the rezoning petition to follow, be continued until the meeting of September 23, 1980 to permit submittal of additional data. Commissioner Pistor stated that he would like a better explanation of why the road, previously mentioned, has to be extended through to Estey Avenue, and shared the concern expressed by Commissioner Wimer regarding what might be un- covered when the proposed lakes are excavated. At. Mr. Barksdale's request, the maker and seconder of the motion agreed to . continuinn thn r^titions until September 30. 1980. Upon call for the question, the motion carried 4/1 with Commissioner Wenzel voting in opposition. PETITION R-80-23C, ROBERT TUYLS, REQUESTING REZONING FROM "RM-1" AND "GRC" TO "PUD" FOR PROPERTY IN Sl , T50S, R25E - CONTINUED UNTIL 9/30/80 Legal notice having been published in the Naples Daily News on August 8, 1980 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened and continued until the meeting of September 30, 1980 regarding Petition R-8- 23C, filed by Robert Tuyls, for rezoning of certain property located in Section 1, Township 50 South, Range 25 East, pursuant to earlier discussion and Board action taken on the companion petition, Petition CP-80-11C. ORDINANCE 80-92 RE PETITION R-80-7C, EDWARD BRUGMAN, REQUESTING REZONING FROM "A" AND "A-ST" TO "CI" AND "CI-ST" FOR PROPERTY IN S11 , T49S, R25E - ADOPTED PURSUANT TO STIPULATIONS• PETITIONER'S AGREEMENT TO STIPULATIONS - ACCEPTED Legal notice having been published in the Naples Daily News on August 8, 1980 as evidenced by Affidavit of Publication filed with the Clerk, public hearing was opened to consider Petition R-80-7C, Filed by R.C. Hunter, Agent for Edward Brugman, requesting rezoning from "A" and "A-ST" Agriculture with Special Treatment to "CI" and "CI-ST" Commercial Industrial with Special Treatment overlay for property located in Section 11, Township 49 South, Range 25 East, on the west side of Airport Road, northwest of the entrance to Barron Collier High School. September 9, 1980 Planner Lee Layne described the zoning districts on the adjoining • , 1 g properties, a portion of which is Agriculture and a portion is zoned "CI". It was noted by Ms. Layne that the Comprehensive Plan shows that the entire area should be zoned Commercial. Chairman Wenzel questioned whether or not such zoning is needed. There were no persons registered to speak on the issue, whereupon Commissioner Archer moved, seconded by Commissioner Brown and unanimously carried, that the tj •• puuiic hei.riny be closed. Commissioner Archer moved, seconded by Commissioner Wimer and unanimously carried, for approval of the staff recommendation in line with the Comprehensive plan, and for the adoption of the Ordinance, as numbered and entitled below, subject to staff stipulations; also, that the Petitioner's Agreement to the stipulations be accepted. ORDINANCE 80 - 92 AMENDING v,:..�..... THE COMPREHENSIVE ZONING REGULATIONS FOR THE • UNINCORPORATED AREA OF THE COASTAL AREA PLANNING DISTRICT OF COLLIER COUNTY BY AMENDING THE ZONING ATLAS MAP NUMBER 49-25-1 BY CHANGING THE ZONING FROM "A" AGRICULTURE AND "A-ST" AGRICULTURE SPECIAL • TREATMENT TO "CI" COMMERCIAL INDUSTRIAL AND "CI-ST" COMMERCIAL INDUSTRIAL SPECIAL TREATMENT ON THE FOLLOWING DESCRIBED PROPERTY: THE NORTH 1/2 OF THE SOUTH 1/2 OF THE NORTH- EAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 11, TOWNSHIP 49 SOUTH, RANGE 25 EAST AND BY PROVIDING AN EFFECTIVE DATE. • 1 * * * * S • * BGJK 055 PACE AGREEMENT . nn • I, Gv'n i•"et CLSSi1 "� , as owner or author.i v.e.d agent for Petition R-80-7C agree to the following stipulations requested by tithe Coastal Area Planning Commission in their. public hearing on 14tli c•.r 7- 7 19 : 1. Appproved water and sewer required. 2. Ncf-•median• opening'°at this site on• Airport-Road wfhien-it is four-laned; .3,. Final situ drainage must be submitted for review and approval by the County Engineer prior to the start of any construction. t1-4-AA' •en :..�,/,. � a-n_y� �Qi,.�..�.,"i..= 6• E•.�l��.t rvv-.�, tlN is V ` U RECORDER'S MEMO: LnibWty of writing, Typing or Printing unutihfectori is this document • I t when received. .14-. !r• PET PET 'IUNE1t OR AGENT -272' ( , 12LPl�JsS1.:N to 1 T IVE FOR CAPC • SWORN TO AND SUBSCRIDED BEFORE Ml; THIS 7'•C4 day of 4/24-4-0' ` , 19 z, X , NOTARY ') I ,\ii '. i' '. SrAL "OlAur r qt.( 1, ,. .' .:A LA .• • • ; MT CO' 'd+.S:O:E PIi1S ltflE.20 1911 'tlk' CO:P.`T LXPI HES E IONtXD 40u ,/ I • • September 9, 1980 MISCELLANEOUS CORRESPONDENCE - FILED AND/OR REFERRED There being no objection, the Chair directed that the following correspondence be filed and/or directed to the various departments as directed: 1 . Copy of letter dated August 28, 1980 from Bill J. Fine, District Intake Supervisor, HRS, pertaining to the recent revision to Fla. Statute 39.407 - Filed. 2. Letter dated September 5, 1980 from Senator Lawton Chiles, transmitting copy ^f his statement hpfnre the Senate ciihrommittee on Transportation regarding 1-75 completion - xc Engineer; and filed. 3. Letter dated August 28, 1980 from William N. Rose, Secretary of Trans- portation, regarding funding of I-75 and acknowledging receipt of Resolution 80-147 re same - xc Engineering; and filed. 4. Copy of letter from William N. Rose, Secretary of Transportation, FDOT, to Messrs. Ed Price and Parke Wright, Co-Chairman of I-75 NOW Task Force re funding for I-75 - xc Engineering; and filed. 5. Letter dated September 2, 1980 from Edward Kreider, Executive Director, Five County Builders R Contractors Association, Inc. indicating need for additional personnel for the County Building Department - xc County Manager; and filed. 6. Letter dated September 4, 1980 from Jack M. Maguire, President of American Ambulance, Inc. , regarding the need to use an ambulance to tranennrt nntient tr Atlanta - xc County Manager. Fiscal Officer, ClerK Keagan, em; is Safety Direc.wr, _.._ . . 7. Copy of letter dated September 4, 1980 from Community Development Admin- istrator to Dr. John L. Kermond, University of West Florida, Pensacola, transmitting requested documents for use in preparation of report to DNR Bureau of Beaches and Shores - Filed. 8. Copy of minutes from Egon Hill from the first meeting of the ad hoc Committee on Beach Access held 8/29/80 - Filed. 9. Copy of letter dated September 3, 1980 from County Manager to Department of Revenue responding to inquiry on lease of government property to pri- vate agencies - Filed. 10. Memorandum dated August 28, 1980 from Division of Retirement requesting additional information on County employee - xc Payroll Department; and filed. 11 . Copy of letter dated August 29, 1980 from Elbert D. Tripp, Vice President, Collier County Civic Federation, to the Collier County School Board voicing opposition by the Federation's Board of Directors to the proposed 2 mill property tax increase - xc Fiscal Officer, and County Manager; and filed. 12. Letter dated August 28, 1980 from the Travelers Indemnity Company re- questing reference on Traffic Division - Bottoms Up, Inc. - xc Engineer; and filed. I 13. Letter dated September 5, 1980 from Chairman Sandy P. Register, Columbia County Board of County Commissioners, transmitting copy of resolution requesting the State Legislature to revamp the current budgetary process of the Property Appraiseo's Office, requesting BCC to adopt similar resolution - xc Fiscal Officer, County Manager, and Property Appraiser; and filed. 1 A BC3K 055 PAGE31 September 9, 1980 14. Copy of letter dated September 4, 1980 from Fred H. Edenfield, Executive • Director, Collier County Housing Authority transmitting a check for • r $2,200 to reimburse the BCC for funds advanced to the Authority in its formative days - Original letter and check to Fiscal Officer 9/8/80 - xc filed. 15. Memorandum dated August 28, 1980 from Dr. Elton J. Gissendanner, FOUR, transmitting draft of Florida Aquatic Preserve Rules and, also, Sovereignty Lands Management Rules - xc County Manager; and filed. 16. DER notice received September 8, 1980 of public workshop to be held September 11, 1980 in Tallahassee re Transmission Line Siting Act - xc ;tali*' Division Dirc• 4-,' and Engineer; '- ' filed. 17. DER notice received September 8, 1980 of public workshop to be held September 18, 1980 in Tallahassee re Docket No. 80-21R, Public Drinking Water Systems - xc Utilities Division Director; and filed. 18. FDNR Permit 79-P-308M (time extension) (copy) issued to VBC Incorporated, Developers, Hampton House East and West - xc Planning; and filed. 19. NACo Alert received September 2, 1980 re Hazardous Wastes Management - xc County Manager, and Engineer; and filed. 20. Circular Letter 80-60 from Jacksonville Area Office, HUD, re Use of Program Guide HUD-399-CPD entitled "Environmental Reviews at the Commun- ity Level" - xc Planning; and filed. 21. DCA announcement of hearing to discuss the Florida Council on State Housing Goals - xc Planning; and filed. , 22. Letters dated September 1 , and September b, irom Douglas 0. re agrarian economy of Immokalee and fishing economy of Everglades and Copeland, and other matters - xc Planning; and filed. 23. 53 letters from Golden Gate Estates property owners regarding proposed rezoning - xc Planning; and filed. 24. Copy of letter dated August 26, 1980 from Jacob D. Varn, Secretary, FDER, to M/M Joel Symonds, responding to their recent letter to Governor Graham concerning the restoration problems of Golden Gate Estates - xc Planning, County Attorney, County Manager, and County Engineer; and filed. There being no further business for the good of the County, the meeting was i adjourned by order of the Chair - Time: 11 :55 A.M. BOARD OF COUNTY COMMISSIONERS/EX OFFICIO GOVERNING BOARD(S) OF SPECIAL DISTRICTS UNDER ITS CONTROL // / / 'y C ,t 1 WE al, CH RMAN „ I ATTEST: � WILLIAM J. AGA L�R amer