BCC Minutes 10/02/1984 R
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\·;t ACENM .. APPROVED AS AM" :lDED
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y:...:,' ,.... 'Co_h. loner Kruse ."ved, .econded by Co_h.ioner VO.. and
c.rri.d unaniaoußly, th.t the 'glnd. be approVld with the following
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...nd..nta.
1. Item
October 2, 1984
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I' 2. Item
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J. Item
4. Item
5. Itom
6. Item
12B - Di.cu..ion r. E..t Napll' WÐter Sy.tem., Inc. _
Added at Commi..ioner Holland's request.
68(1) - Potition R-84-21C, Wilson, Miller, Barton, 5011
, Peek, Inc. - Continu.d to 10/9/84 at r.quest of the
petitionor.
!>D(2) - He.lth In."rance Utilization Review Progrðm _
Mov.d to 9C(2) at County Manager'. request.
IGB(2) - Bid Pack 112, Sit. Finish.s Justic. C.nt.r _
Moved to 9F(1) at County Manager'. requ.st.
l~ - Recommendation to purcha.e Digital Rainbow 100
computer. for BCC offic. - Continued to 10/9/84 It
County Manager'. request.
l2C - Discussion of Fair Board officer. - Added by
County Attorney.
PROCLAMATION DISICNATINC THE WEEK or OCTOBER 7-13, 1984, AS SCHOOL BUS
SArETY WEEK - ADOPTED
Co_i..ioner Ho1hnd .ov.d, ..cond.d by Couli..ion.r P1at~ .:' and
clrried unani.ou.1y, that the Procllmation d.. ignIting the we.k of
October 7-13, 1984, .. School Bu. Slfety Week be Idopted. '
Ms. Sharon McCord accepted the Proclamation with thanks.
Page 2
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:')';¡ \:',~ Co_laa i on... , loa. IIOv.d, ..conded by Co_la.ioner
,:;.~Y,'~.rrhd ~nanl.ou.iy, that. the proch.aUon dui9naUn9
October 7-l3, l'.4, a. National 4-8 W.ek be adopted.
~ Mis. Lavanda Cotton and Mr. Glenn Smith accept.d the proclamation
with thanks and appreciation for the support'that 4-H has received from
the Board. They described the activities in 4-" in which they are
involved and presented tomato plants to the Commissiøners.
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OctClber 2, 1984
Co..i..ion.r Pi.tor .oved, .econd.d by Commi..ion.r Kru.e Ind
clrried unlnimo".ly, that the public h.arin9 be c10.ed.
Comai..ioner Pi.tor mov.d, .econd.d by Com.i..ioner Kru.e Ind
clrrled unlni.ou.~y~ thlt the ordinlnce I. numb. red and entitled below
be adopted, aubject to Imend~.nt of the PUD document, Ind .ntered into
Ordinance Book No. 191
ORDINANCE 84-70
AW ORDINANCI AMENDING ORDINANCI 82-2 THE COMPREHENSIVI ZONING
RIGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY,
rLORI~ BY AMENDINC THE ZONING ATLAS MAP NUMBIR 50-25-6 BY
CRANGING THE ZONING CLASSlrICATION OF THE HEREIN DESCRIBED
RIAL PROPERTY FROM "'-2 TO -PUD- PLANNED UNIT DEVELOPMENT FOR
lAST NAPLES COMKUNITY PARK LOCATED EAST AND SOUTH or AVALON
ELEKENTARY SCDOOL IN SECTION 24, TOWNSHIP 50 SOUTH, RANGE 25
EAST, AND PROVIDING AN EFFECTIVE ~TE.
Ite. 18
ORDINANCE 84-71 RE PETITION R-84-28C, ACNOLI, ASSAAD, BARBER, BRUNDAGE
· SHANNON, INC.,RRPRESENTING MICHAEL MICELI, RE REZONING FROM A-2 AND
C-4 TO PUD PROPERTY KNOWN AS MICELI PUD, LOCATED ON lAST TAMIAMI TRAIL,
NORTH or MYRTLE COVE SUBDIVISION - ADOPTED SUBJECT TO STIPULATIONS,
PETITIONER'S ACREEKENT ACCEPTED
Legal notice having ~cen published In the Naples Dally News on
August 31, 1984, as evidenced by Affidavit of Publication filed with
the Clerk, public h2arlnq was opl!Oed to consider Petltlc,,' R-84-28C,
filed by Agnoll, Assllad, Barbor, Brundage & Shannon, Inc., representing
Michael Miceli, requesting rezoning from A-2 and C-4 to PUD for
property known as Mlcall PUD, located on East Tamlaml Trail, north of
Myrtle Covo Subdivision In Section 29, T50S, R26E.
Planner Ober explðlned that this Petition Is In order to develop
60 multi-family units with commercial along u.s. 41. She said that
Staff and all County agencies reviewed this petition and recommended
approval of the revised PUD document subject to amen~ment of the PUD
docunent per the revised St/lff rep(\rt dJted 9/13/04. She said that the
CAPC held their public hellrlng on 9/20/84, and recommended forwardlnq
the Petition to tho Board ~Ith the recommendation for approval subject
to the stipulations on the Executive Summary dated 9/27/84.
Co..ia.ioner Kru.e ~v.d, .econded by Co_i.sioner Pi.tor Ind __
carried unani.ou.ly, thlt the public hearinq be clo.ed.
Co..iaaioner Kru.e ~v.d, .econded by Comai..ioner Pi.tor and
clrried unlnimou.ly, that the P.titioner'. Aqreem.nt be Iccepted Ind
that the ordinlnce I' number.d Ind .ntitled belov be Idopted, aubject
to .tipulltlon., and entered Into Ordinlnce Book No. 191
aoo~ 083' rlr:~ 542
Paqe 5
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October 2, 1984
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ORDINANCE 84-71
A. ORDINANCI AMIHDIMQ ORDINANCI 82-2 THI COMPREHENSIVE ZONINO
RIOULATIONI ~)R THI UNINCORPORATED AREA or COLLIER COUNTY,
rLORIDA 8Y ~q,DINO TSI ZONINO ATLAS MAP NUMBER 50-26-9 BY
CBAaIOINO THI ;"0111..0 CLASSIrICATION OP THI HEREIN DESCRIBED
RIAL PROPERn PROM A-2 AND C-4 TO ·PUD· PLANNED UNIT
DEVlLOPMENT rOR MICILI PUD LOCATED ON THE lAST TAMIAMI TRAIL
ACROSS FROM NAPLES MANOR AND NORTH or MYRTLE COVl
SUBDIVISION, AND PROVIDING AN EFFICTIVE DATE.
" (See hl.....J;'9.S" )
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ORDI~CI 84-72 RI PETITION R-84-29C, WILSON, MILLER, BARTON, BOLL'
PIEX, INC. REPRISENTING W. L. BAINBRIDGE, RI REZONING PROM A-2 TO PUD
FOR 83.7 ACRES KNOWN AS EASTRIDGE - ADOPTED SUBJECT TO STIPULATIONS,
PETITIONER'S AGREEMENT ACCEPTED
L.gal notic. having been published in tho N~ples Daily News on
August 31, 1984, as evidenced by ^ffidavit of Publication filed with
the Clerk, public hearing was ~pened to consider Petition R-84-29C,
fil.d by Wilaon, Miller, Barton, SoIl, Peek, Inc., representing W. L.
Bainbridge, requesting rez~nlng from ^-2 t~ PUD for 83.7 acres known as
Eastridge located In Secti~n 4, T50S, R26E.
Planner Ober stated that the objective of this Petition is to
develop 83, single family lnts and 335 multi-family units with recrea-
tional amenities. She said that Staff and all County ð~encles reviewed
this Petition and rec~mmended approval subject to amendment ~f the PUD
document per Staff report. She slld th,H the CAre held thv,\r public
h.aring on 9/6/84, and recommended forwarding this Petition to the
Board {or approval subject to Staff Itipulatlono.
Co..iaalon.r Kruse .oved, aeconded by Co.miasioner Holland and
clrrled unani.ou~ly, that the publIc h.lrin9 be cloa.d.
Co..iaaioner Kruse moved, aecond.d by Co..iasion~r Piator and
carrI.d unlni.ou.1y, that the Petitioner'a Agreem.nt be Icc.pt.d Ind
that the ordinlnce la nwab.r.d and .ntitled b.low be adopted, aubject
to .tipu1ationa, Ind enter.d into Ordinlnc. Book No. 191
ORDINANCE 84-72
AN ORDINANCE AMENDING ORDINANCE 82-2 THE COMPREHENSIVE ZONINC
REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA BY AMENDING THE ZONING ATLAS MAP NUMBER 50-26-6 BY
CHANGING THE ZONING CLASSIFIC~TION or THE HEREIN DESCRIBED
RIAL PROPERTY FROM 10-2 TO ·PUD· PLANNED UNIT DEVELOPMENT FOR
EASTRIDGE LOCATED WEST OF SABLE LAKES PUD SOUTH or RADIO
ROADI AND PROVIDINC AN EFFECTIVE DATE.
Page G
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'11
~ISOLUTION 84-190 RI PETITION ~pu·84-13C, SAINT DIMETRIUS ORTHODOX
CHURCH, RIC PROVISIONAL UBI ·c· or A-2 DISTRICT rOR A CHURCH LOCATID AT:'
140 PRICZ STRZI": .. ADOP'rID, rXNDINa-Or-rACT AND PITITIOIIIR'S AaREEMIIf'1'"
ACCEPTED . ..
Planner Ober explain.d thlt the ob~ective of this p.tition hto~;J~
us. the .~iating resid.nc. for a church. She aaid that Staff and'ail
County aqoncl.s have r.view.d thia P.tition and r.comm.nd.d approval
aubj.ct to tho stipulations liated in the E~ecutIve Summary dated
9/27/84. Gh. sðid that the CAPC held their public hearing on 9/20/84,
and, bðsed on th.ir Finding-of-Fact, r.c~mmend.d forwardinq this Poti-
tion to th. Board for apµroval aubj.ct to Stftff stipulltiona. She
explained that one lettor was received opposing tho Petition, that two
p.ople apok. in fðvor and on. peraon apoke against the Petition, citing
the r.aidentiÐl nature of the Iroa Ind that traffic would b. gon.rat.d
1 f appro.,.d.
Co..i..ion.r Holland ~ved, ..cond.d by Co.-iaaion.r Pi.tor and
carri.d unani.oualy, that Reao1ution 84-190 r. P.tition PU-84-13C,b.
Idopt.d, aubject to Stiff atipulltlona, Ind that the rinding-of-rlct
Ind P.titioner'. Agr....nt b. Icc.pt.d.
aCD( 083 PW 552
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'12
RESOLUTION 84-191 TO RECOVER rUNDS EXPENDED BY TH! COUNTY TO ABATE A
puaLIC MUISANCI ON LOTS ~~ED ay MRS. LOUISE RUTH GRAY, PRICE
,UBDIVISIOH, aLOCK 2, LOT~ ,16-18 - ADOPTED .
Community D.v.10pmont Administrðtor Virta said that thia item
refera to removal of 92 yards of material from Lota 16-18, Block 2,in
Price Subdiviaion, owned by Mrs. Loulae Ruth Cray, and that the cost is
$404.80 plus $25.00 admlniatrativø feo. He request.d ~pprova1 for
I.aessment of lien in order to recover the cost of tho abatement on
thla proporty.
Co..i.aioner Kruae .ovèd, .econded by Comai..loner PI.tor and
cluied unlni.ou.1y, that Ruolutlon 84-191 to recover fund. expended
by the County to abate I public nuialnce on Lot. 16-18, Block 2, Pric.
Subdivi.ion, owned by Mra. Loul.e Ruth OrlY, be adopted.
aCð~ 083 '.'.! 558
Page 9
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Ite. 11 J
PETITION TR-S4-26C" JIM I,'HARA, RIQUESTING TEMPORARY RESIDENCE PERMIT
TO UTILIZE MOBILE HOMI DURING CONSTRUCTION or A PRINCIPLI RESIDENCE AT
15th AVENUI, S.W., ON I 180' or TRACT 112, UNIT 27, GOLDEN CATE ISTATES
- APPROVED
Octo be r 2, 1984
Community Development Administrator Virta explained that Staff
recommends denial of Petition TR-84-2GC because the property is not
sUfficiently i.olated and doe. not meet the requirements listed on the
Executive Summary dated 9/25/84.
Mr; Jim O'Hara, petitioner, stilted he has a self-contained mobile
home that he wants to USQ while he completes construction on his
residence, adding that it will take approximatel~ two months to accom-
pli S h t his.
Tlpe 12
Mr. O'll/lrll said thllt there is a mobile home on the property next
to his and he requested the same privilege in order to protect his
property and the garden he has planted there.
Responding to Commissioner Vose, Zoning Director Layne explained
that Stalf recommended doniill ol the requ.est lor a mobile home on the
property next to Mr. O'llara, however, the BOllrd approved It.
CODai..ioner Vo.. mov.d, ..conded by Co.mi..lon.r Holllnd ahd
clrried unani.ou.1y, that Petition TR-84-26C for I Temporary R..i~ence
Per.it for Mr. O'Hara be approved.
Ite. 114
EXCAVATION PERMIT NO. 59.197 rOR EAST NAPLES COMMUNTY PARK _ APPROVED
SUBJECT TO STIPULATIONS
Co..i..loner Kru.e moved, .econded by Cc..i..loner Pi.tor Ind
carrIed unenimously, thlt Exclvltion Per.it No. 59.197 for the Ea.t
Mlple. CODaunity Park, SectIon 24, T50S, R25E, .I.t .ide of AVllon
El..entlry School on the south side of Thomls.on Drive be Ipproved
.ubject to .tipulatIon. on the Executlv. Sum.lry dated 7/13/84.
It.. 115
BID 1739 rOR GAS AND DIES!L rUp.~ - C~NTINUED TO 10/9/84
Leyel notice for Uid 173~ wa. published in the Napl.s Daily News
on July 25 IInd 27, 1984 as evidencd by Affidavit of Publication
pr.viou.ly liled with the Clerk.
Administrative Services ^dministrator Blankenship stlted that
Stall recommends that for Fiscal Year 1904-ß5 Bid l739 be ~warded to
';ombs Oil Com¡..,¡ny, tho presont fUI!J suppllor. 110 said that th6 bid
'C4IK 083 ,&~, 5GO
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083 561 October 2, 19So1
am . mt .
from Carrol Oil Co~pany, of Fort Myers, is not being recommended due to
docl.lllent.d inabllit) of the company to meet servicing requirement.. He
.aid that the CIty of Naples and tho Collior County School Bo.rd h..
b.en included in this bid in ord.r to maximize the price with bulk
. purch..... He ..id th.t prices are compotitive with l.st year and that
the estimated amount of County expenditure for 19S4-S5 for fuel is
$525,000.
Mr. Jame. Peterson, Presidont of Carrol Oil Comp.ny~ s.i~ in open
bidding hi. company was the low bidder for Bid '7J9. He s.id that he
is an employe. of Amoric.n ^gronomics Corporation, which owns Carrol
Oil CompÐny, .nd th.t h. was lent to Fort Myers in the .ummer of 1982
to t.urn th.t comp.ny around and make it prosperous. He s.id that he
initIlted new policies and procedures and that C.rrol Oil Company ~as
grown ond now h.s more than 20 accounts in the Naplos or.,.. lie said
th.t the company has branded Texaco .nd .lso carries unbr.nded fuel.
ðnd that the company bid unbranded fuel for Bid '739, based on the
guidance of purch.slng Director Thiele. He s.id that when t.king the
discounts .nd tho handling charge his company Is signific.ntly less
th.n Combs Oil CompÐny. He said that Carrol Oil Comp.ny w.s low bidder
l.st year but did not recelye the bid .wðrd. He sðid, b,'se,~ upon the
bid dat., Carrol Oil Comp.ny would .aye the tðxpayers of Collier County
more than $12,000. He Dsked for reconsider.tion of this bid ðw.rd.
Mr. Blðnkenship s.id that Carrol Oil Company w.s not recommended
last ye.r because th~re was an incomplete bid DS to the name of the
terminal, there was unsatisfactory service to the City of Naples cul~i-
nating in a t~rmlnðt~d contract in lSal, .nd . Dunn ard Bradstr~ot
rating of "Unstable With a Downward "rend". lie said.. this year, the
company is not being recommended bec.use of questionable terminal
prices giyen in the bid, contract discounts apparently are not being
passed on to other local governments and there is no commitment to m~ke
sm.ll quðntlty dellyeries. lie said that the City of Naples is recom-
mending Combs 011 Company and .re not recommending the low bid of .
Carrol Oil Compðny.
County Attorney Saunders expl.ined that hr has mat with Purchasing
Director Thiele and reviewed the items presented by Mr. Rlankonship
.nd, bdsed on tho Information provided by ~r. Thiele, it w.s his
opinion that this was not a conforming bid and that Bid 1739 could be
awarded to the next lowest bidder.
~r. Patterson s.ld that his c~mpany has not delivered to Collier
Pa 9 C! 11
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County or the City of Naples since 1981, which was the year that
Agronomic. Corporation purchlaed Carrol 011 Company. lie said he was
trying to find way. to .erve Col1i.r County and that he did not know
how .lae to do thi~. than through the bid process.
R.sponding to Commi.sioner Voss, Mr. Blankenship said that the
itoms that art non-conforming aro the terminal pricos nnd that the
discounts being passed on by the terminals Ðro not being pÐssed 'on to
'other companies that Carrol Oil Company services. H4 said that ho has
documentation to this effect from Lee County, the Collier County School
Board and the ci ty of Naples. lie said that thore are bid pricos aub-
mitted by Carrol Oil Company that art, different from the prices do'éu-
mented by the terminal.
At ChaIrman ~rown's request, Mr. Saunders explained, by non-con-
forming, he meant that the bidders were required to provide terminal
prices of certain classifications of fuel at a specific day and those
were provided by Carrol oil Company and Purchasing Director Thiele
wrote to tho·terminal to check on the prices and he detormlned that the
pricas were not as quoted at tho terminal on that particular day. lie
said it was, therefore, hl9 opinion that this makes the bid non-con-
forming and is sufficient cause for awarding the bid to Combs Oil
Company. Uf} said thllt the oth<H problems /lssoclated with Carrol Oil
Company dell1 with whether Staff feols that Carrol 011 Comrany would be
a responsible bidder and Staff hils determined, based on past perfor-
mance, that firm would not be a responsible blddor In this inst/lnce.,
Mr. Patterson said that he had the quoted prico to him at the
terminal from the supplier that he bid on tryat date and It indicates in
writing a 2\ discount for payment In cash on 15 days. He said that the
prico that he bid included that discount and, thllrof,re, his price wa.
less than that posted at th~ rack but did include the appropriate
discount.
Mr. Thielo said that the terminal price from the jobber in Port
EverglÐdes does have a 2\ discount in the invoice and he did take that
into consideration IInd the price givon in the bid was lower than that
amount. lie said that the representÐtive from the jobber indicated that
there Ire no other discounts given to other .uppliers of fuel. lie .aid
that Staff has copies of the invoices given to the Lee County School
Soard plus the bid, plus letters from the jobber saying that discount.
were given throughout the yoar and that Staff noticed in the invoice
that the price discounts Io'Ore not passed on. lie s¡¡id Staff wa. told by
aoo( 083 rlêt 562
Page l2
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eoo« 083'mt5G3 October 2, ]904
Mr. P.ttorson th.t thlt contrðct was not in effect. lie sðid h. con tlC-
t.d the Dir.ct~t ~( Transportation for the Lee County School Board who~
re.ponded that theontract was in effect and, in his opinion, di.-
counts vere not pissed on. He said that he h.d a letter Crom the City
of Naple. statlnq that on three i..u.s thoy were not happy with t~e
~rvice that w.s provided by C4rr01 Oil Company in 1901, that invoice.
were not corr.cted when they were found to be in error, deliverie. vere
not m.de when roquest.d on time leavinq the City Dock without fuel, on
occasion, .nd th.t this hÐppened at the time Mr. P.tterson took ov.r a.
Executlv. Director. He said that the Dunn and Bradstreet S.rvice notos
that the prlnclp.ls of the p.rent company are subst.ntially the s.me a.
th..prlncipals of the C.rrol Oil Comp.ny.
Commissioner Holland said h. did not like the type of r.port
received this d.te, addlnq that he was. firm bellevor that if a
company has. just .nd v.lld bid th.t company should be .warded the
contract. He s~ld th~t Staff is qolnq on assumptions, In his opinion,
that what happened In 1981 mlqht happen In 1984.
~r. Saunders said that he could not make a recommendation as to
wheth.r ^ particular company would provide better service th.n another
company. He said he could only t.ke Inform.tlon provided him by Staff
and m.ke . d.termlnðtlon .11 to whether, under exlstln') COl' ,ty policy
and Florid. law, the bOðrd Cðn award the bid to tho bidder recommend.d
by Stðff or to lome other bidder. He sllld, In his oplnlon,'"based on
the Informðtlon provided by Staff, the ~oard hðs ample support If it
determines that this award should be made to tho bidder recommended by
St~ff as op"ose::! to ....h.t ð(-'pelHs to bo tho lo....est bidder. He said he
based this opinion on two things, that the bid can be considered
non-con!orndng since the tormlnal prices thðt w.:ro quotod wero not tho
termln~l prices thðt tita!f received when they checked on those prices
.nd th.t Staff lI.s ¡J~termlnej, b.sud on prior oxp4trlence with Carrol
Oil Company, that this company will not provide the service .nd
dlllcounts th.t the other com¡;,]ny ....ould provlrte. Ho s.ld this make's the
bidder a non-responsible bidder .nd, therefore, tho Commission could
aw.rd the bid to the next bidder.
County Man^~er tusk .skod If the St.ff chocked on any firms that
Carrol Oil Company serves this date and Mr. Thiele s.id that Stðff
investig.ted the toe County School Board. He s.ld they irltioted the
contract this summer ðnd thll first InvolclI thoy had no reðson to
question, however, hc' quostlnned It bucause of discounts thðt wore
PAge 13
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Octobor 2, 19B4
apparently not pa..ed on to the Loe County School Board. H. .aid that
he notifi.d the School Board that, based on Staff's research, they
should que.tion this problem.
Re.ponding tl'l rommi..ioner lIolland, Mr. Saunder. said that Iny-
thing that involv.. T:.d construction, thÐt involv.. the us. of gal
tlX, require. competitive bidding according to State Law. H.' .aid that
there is County policy that requires competitive bidding which was
utilized by tho Purchasing Dopartment in solicIting bids for this
contract.
Commlssionor Hollanrl said that he would like to know what is
happening betweon Carr~l Oil Company 4nd companies they serve in
Colli.r County. Nr. BlDnkenshlp .oid that he had a letter frl'lm the
City of Naplea that refers to a period of time from 1973 to 19B1 and
CommissIoner Holland said that this does not refer to 1984. He said
that Staff i. using figures and st~tement. that woro made before Mr.
Pattorson was involved with Carrol Oil Company.
Responding 'to Commissioner Kruse, Mr. IIIÐnkenshlp said that the
Customers aro Invoiced ot terminal prices with tho discounts passed on
and that the Involco tho Le1 County School Boord received does not
reflect that. Mr. Patterson explained that tho bidding procoss for Le.
County was In tho Mðy-Juno tlme[rame for the period beginning August l,
1984 to July 31, 1985. He 8ðid ho was low bidder [or Lee County and
that he recoived a call from Lell County School BOcHd in the "Jly tlmo-
frame and asked If they could receive a load of fuel belore the con-
tract time and he agroed, explaining that he would .ell it to them at
the same pric. he bid and that was what he did. He said boginnlng
August 1, 19B4 he became the Lee County supplier and he has received no
complaints.
'Ipe 13
Mr. Sðunders asked if thoro was any discount to Mr. Patterson on
this fuol and Mr. Patterson said there was not, repeating that he was
not under the contract at the tlmo the roqu~st was made.
Mr. Thiele explained tho Evðns 011 Company had a lower bid than'
tho next two low bids, Carrol Oil :ompany and Comb. Oil Company,
however, Evans Oil Company requested that their bid not be considered
because they di~ not include the l4.7 cent tax in their bid and that i.
required.
Commls.ionor Holland lilted if tho contrÐct price that Collier
County agrees to pay a suppllor has a fluctuating quality and Mr.
aCQ( OgJ «'1',1 5fJ4
Page 14
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Thi.le rea ponded that·the margin of profit a company is able to make i.
conatant Ind the telmll..1 i. allowed to fluctuate the price. Commia-
sioner Holllnd aaked if ,here ia a termination clause in the contract
Ind Mr. Thiel. reapond.d that there is. Mr. patt.raon pointed out that
~omba Oil Company ha. a higher margin profit than his firm's profit
Iftargln.
Commislioner Krus. cuqgested that the Soard waIt for a week to
l110w the Commissioners tI" Clpportunity to read all the back-up per-
taining to the subject.
Co..l.aioner Ho1llnd ~ved, :econded by Co~I..ioner ~ruse Ind
clrrled unlnimously, that the award :or Bid 1739 be continu.d to
10/9/84.
···RECESSI 10106 A.M.
R~CONVEN£DI 10129 A.M....
116
I"PLEMENTATION or HEALTH INSURANCE UTILIZATION REVIEW PROGRAM _
APPROVED
Administrative Services Administrator Blankenship explained the
recommendation to Implement a UtJllzatlon Review Program In order to
help reduce Insurance CClStS. IIc said thllt durin'1 the period October
1981 through úctober 1983 the health Insurance rÐtes Cor Colli" County
increased by more than 200\ and that GulC Life Insurance Company has
atated, in writing, that there 10'111 not be a rate increase this year,
however, the CClunty still 'needs to Implement cost c~ntrol measures in
order to ensure that Cuture rate Increases are kept at a minimum. He
aaid that GulC LICe hils proposed that the CClunty Implement a Utili-
zation Review Program and that the majClr purpose of this review Is to
decrease health care costs by reducing the number of hospital days used
by the County omploy~es. lie stat'!d that the three main components of
the plan Include pre-,1dmlsslon certlClcatlon by a Utlli7,IItlon Review.
Nurse, concurrent review while In the hospital with the physician and
discharge planning. He said that It Is anticipated that all three ot
those components 10'111 guide physlcl,ns to utilize less expensive
Out-patient tr,.atment, reouce the number oC hospital days and discharge
patients earlier.
Mr. Blankenship salo that the patient has priority in all aspecta
Ind that the program la Intended to eliminate over-utilization (If
hospi t¡,li zation and reouee heal th Cllre bills. H"! sa Id the patient i::s
cared for by the physician oC his or her choice and the doctor-patient
relatlClnshlp is nClt dlsrupt~d. He naid that, when medically advisable,
peg e 1 5
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the Utilization Heview Program recommends that alternative .etting. be
con.iù.red for treatmont. Ha slid that omployees who do not wIsh to
us. UtilizatIon r..,iow may elect to do so, however, thwy will be
required to pay the' 'quivalont of on. day's semi-privato room rate in
ord.r to avoid tho UtIlIzation Rovlew.
Mr. Blankenship said that the cost to Implement UtilIzation Review
is $l9,200 and, in order to get Collier County In the program, Gulf
Life has propos.d thDt they will reduco the County's current insurance
premilln by that same amount. He said that Implementlltion of tho
program will require extensive education of the employees and that Gulf
Life an~ the Personnel Department are prepared to do this.
Responding to Commissioner Voss, Mr. Bl~nkenship said that tho
$19,200 applies to a full year beginning October 1, 1984. He said Gulf
Lifv takes care of assigning a full-time nurso to Naples Community
Hospi tÐ 1.
Co..i..ioner Kru.e aoved, .econd.d by Com.i..ioner Pi.tor end
carried unani.ously, that the Utilization Review Program be approv.d.
Item tl 7
RISOLUTION 84-192 REQUESTING THE ASSISTANCE OF THE rLORIDA LAND AND
WATER CONSERVATION PROGRAM WTTH THE FLORIDA DEPT. or NATURAL RESOURCES,
DIVISION or RECREATION AND PARKS FOR THE DEVELOPMENT OF lAST NAPLES
COMMUNITY PARK - ADOPTED
Public Services AdministrDtor Norton said this item is a recom-
mendation for the adoption of a resolution which would allow the Staff
to apply for a Land and Water Conservation Fund Grant from the State of
Florida to bw used for tho East Naples Community Park. He said Staff
would apply for approxi~ately $500,000 which is the cap allowed by the
State. He said that the SO/50 m~tch would come from (':dsting bond
monies thdt have been set aside for the develol~ent of this park.
Co..I..ioner Xru.e moved, seconded by Commi.sioner Pi.tor and
carri.d unlnimously, that Re.olution 84-192 requ..ting the a..i.tlnc.
of the FlorIda Land Ind Nlt.r Con.ervltion Program with the r10rida
Depart.ent of Natural Resource., Divi.Ion of Recreation Park. for the
development of the Ea.t Naple. Community Park be Idopted.
!CQ( 083 W,r 5Gô
Page l'i
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It.. 118
LEASES BETWEEN NAPLES COMMUNITY HOSPITAL AND THI BOARD or COUNTY
COMMISSIONERS ~û~ ~IRCENCr MEDICAL SERVICES SUB-STATIONS LOCATED
HOSPITAL PROPERTY '~APPROVED
Public Servicos ^dministrator Norton said this item is a request
for approval of the Qxecution of two leases with the Naples Community
Hospital, one for tho City of Naples area. EMS sub-station and one for
the new North Colli or lIoalth Center, to be opened the middle of
October. II. said that the aqre.mont with tho the City of Naples
'.ub-.tation has beon in existlJnce and it is ossontially' the sam.
Iqro.ment with tho other .atellite.
Co.-i.sion.r Hol11nd ~v.d, ..cond.ð by Comai..lon.r Pi.tor that
the 1.1... b.twe.n Napl.. Co..unity Hospital Ind the Board of County
Co..i..ioner. for Em.rq.ncy Medical S.rvic.. Sub-.tltion. loclt.ð on
ho.piuJ. property b. approved.
RQspondlnq to Com~18slon~r Voss, Mr. Norton said that this action
would move the EM3 statIon from North TamIamI Trail to the new sitl and
there would be a cost savIngs Involved.
Upon call for the qu..tion, the .0tIon carri.d unlnimou.1y.
m~ 083' ri~t 5G8
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Ite. 119
BID 1758, BID PACK 112 FOR SITE FINISHES, JUSTICE CENTER EXPANSION
AWARDED TO MACASP~ALT IN THB AMOUNT or $272,642
^aslstan't Cou' ty M/1nager Dordll aaid this item is a rocommenda-
tion to award Bid ,7Sa for Bid Pack 112 for th~ Justice Center E~p/1n-
8ion. He sllld thðt laut week Stllff recomm~ndod thðt the bids for site
finishes be rejected Ilnd that the item bo re-bid. lie said this was
done with the bids received being approximately $47,000 less than the
original bids. lie said that the requirements for fencing and the
security gll:e wwr~ withdrawn from the bid p/1ck. He recommended tho
award i~ the amount of ~272,GI2.00 be given to Mac/1sphaIt, Inc.,to do
thw paving work under Bid Pðck H2. fll} Baid thf.lt S:afÉ will retain a
seplrate fencing contr/1ctor tn instill 1 tho fence. fie said that Staff
feels therc may be a $10,000 to $20,000 savings as a result of this
action.
Commissioner Holland lIoved, seconded by Commissioner Pistor and
carrIed unaniaously, that Bid 1758, Bid Pack 112 for site finishes for
tbe Juatice Center Expansion be awarded to Macaaphl1t, Inc. in the
a.ount of $272,642.00.
Ite. 120
^CREEMENT FOR PROSECUTION SERVICES BY THE STATE ATTORNEY'S OfFICE WITH
COLLIER COUNTY AND THE CITY OF NAPLES - APPROVED
County Attorney Saunders said that the contract for Prosecution
Services by the State Attorney's Office with Collier County and the
City of Naples is id~ntlcal to the contract that was ðpproved by the
Board last year. lie said It provides that a Special Prosecutor will be
provide~ by the State Attorney's office and that Collier County and the
City of Naples will split the cost equally of that Prosecutor and the
cost of eecretari/ll sarvlces to that Prnsecutor. fI'f. said he has been
Idvised by tho City Attorney th/1t he is recommending this contract for
approval by the City Council and, as soon as they sign it, he will pre-
sent it to Chairman Brown for his signature and it will be forwardod to
the Stata Attorney for his slgnnture. He requestad approval of the
contract.
COII.i,s!·mer Holland .oved, .econded by
clrried unani.ousiy, that the agreement for
Stlt~ Attorney's OffIce with Collier County
approved.
NOTE:
COII.ia.ioner Krus. Ind
Proaecution Servicea by the
and the City of Naple. be
Contract not received in office of Clerk of the Board a. of
10/11/04.
aDaK 083 WI 582
Pag e 10
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Ite. 121
October 2, 1984
, ..
RISOLUTIOW 84-193 REVISING PERSONNEL RULES AND RECULATIONS rOR
AUTHORIZED RE~~SI or INrORMATION - ADOPTED
I,'
'~,:;:;::~ë~·u~.ty ,Atto:uy S..und.~. explain.d thia ia a rocomJ:l.ndltio~ tOi,4~;
,:.mlneS, tho P.rsonnel RuIn. fl. .aid that the Florid. Suprom. Court.~ "t~:.~"
r.cently rul.d that a 48 hour waiting pariod on tho disc10.ur. to the .,..~,
public of'p.r.onnel record. is no longor valid in tho State of Florid.
Ind this .mendm.nt olimin.tes the 48 hour waiting requirement that va.
in the Col1i.r County Per.onnel ~ules Ind Regulations, to bring them in
conformanc. with exi.ting Floridl law.
Co..l..ion.r Kru.. .ov.d, a.cond.cS by Co..i..ion.r Vo.. Ind
c.rrled un.nl.ou.1y, that R..o1utlon 84-193 r.vi.ing P.raonn.l Rul..
IncS R.gu1Ition. for luthoriz.d r.l.... of Intormltion b. Idopt.cS.
Pago 19
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083' Pl~~ 587
Octobor 2, 1984
that are pending against the Individual Commissioners. He requested
that this subject be continued for one Wlek.
Mr. Caun~ers referred to the settlement submitted by East Naples
Water Syatems. Ir'\c. and aaid thÐt in the cover lottor ho tried to out-
lint for the Commisslonora what the history WÐS of the discussions
concerning settlement of the disputes and tho fact that Staff has not
bwen able to reach amicable rosolutlon of tho Issues at hand. He said
he indicated in the letter that on September 20, 1984, he received a
drift stipulation from Mr. Gatlin, who represents the utility. He said
he had a discussion with Mr. Gatlin when he indicated to Mr. Gatlin
that there was one Item that he needed to have In order to aettle the.
dlapute., which Is an agreement by the utility that they will not
contest the legal authority of CollIer County to condemn the utility to
acquir. the system through eminent domain. fie IIlIid he WII& advlslld that
th.re probably was no real baslll for challenging tho County's au~rority
but thllt the plaintiffs in these f,/Jtter3 would not agree to thðt one
stipulation. He said he Indicated, in the aforementlo~ed cover letter,
that thlll was the only Itum the County requested and if the utility
would agree to that the County would agree to everything else the
utility re4uestud.
Mr. Saunders said In the lllst paragraph of his letter he indicated
that, since agreement could not be reached on thllt OIl,' Item, he was
revoking all offers of settlement as of October 1, 1984, and that the
reason he did this WIIS to clear the record so that two or "three months
from now somebody could not come back and accept the County's offer.
He sllid the WilY things stand at tho present time the Cnunty has no
aettlllment offers on thll table and that he has Indicated he is willing,
as is tho County ~an~ger, to sit down and begin negotiations again
toward reJchlng an amicable settlement. He asklld for permission to
pursue this route rather than engaging In settlement discussions this
dllte. Cor.tndssioner Voss said that \olliS an excellent Idea, adding he
wÐntod to know the new facts to which ~r. Saunders referred, before he
would ~kv IIny decision.
Ro:spondlng to Conlmlsa;lon-rr Holland, Mr. ::;aund"rs said hI! was not
lIU9gestdlg thllt Stllff drop uvurythlng thllt has been done and that he
has only cleared till: record in t.:rms of any outstandln9 offers.
CommissIoner Krusu said that she would like to hear from Mr.
$aunders the exact ramifications ~f the dlfforunces, pro ~nd con,
between quick tJke ðnd condemnation ðnd she \oIoula agree to a ~eek's
Pa 9 e 21
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October 2, 1984
continuance.
Commissioner Holland suggested that a workshop bo held with Mr.
Saunders, tho County !""nÐger, the utility and the Board. Mr. Saunder.
said that it appoar.cd tl him it would be b.ttor to nOCJotillt. s.tthmont
of la~suits Þotw~en th~ County ^ttorn~y and the attorneya representing
tho plÐintlffs or tho County Manager and the reprosentÐtives of the
plaintiffs because it Is difficult in II public forum to say what ne.ds
to b~ said since everything in settlement nogotiatlons is considered
confidential bnd cannot be used In litigation.
Tape '4
Commissioner rlstor nsked if Mr. Snunders' efforts are not to make
the agreomont ruached comparable to all othor agruemants that the
County has with other utility companies? Mr. Saunders said that this
system is treated differently than other syatems In terms of aettleMent
because it Is the aim of the County to acqulro thia aystem and the
proposals he has suggested have been premised on the fðct that Collier
County wants to acquire this system either through negotiated sale or
throuqh eminent domain. Ho said he would not recommend anŸthing In
this settlement thilt was suggested by the lIubschmans unless the Commia-
sion and thu County Is jetermlneri to acquire that syatem. Commisaioner
Holl~nd pOinted out th~t th~ Commission voted to acquire the syatem.
County Kanagor Lusk pointed out that pnrt of tho stipulÐt',ns is
the process of cùrrying out the policy of acquiring the system and that
Is what the County has be~n negotl~ting.
Mr. Harrison Hubschman, reprusentlng East Naples Wllter Systems,
Inc., agreed with ~r. Saunders In that there is one item that cannot be
negotiated which is that ~:ast Naples kilter Systums, Inc. give up the
right to contest condemnation to the County. He said that he feela
this goes to the hD~rt of the lawsuit and, according to his attorneys,
his firm cannot give up that ri~ht becQuse that would mean tlßt Naples
Water Systems, Inc. woulrt, bllslcal1y, drop their lawsuits. He said he
did not know If a workshop would be productive.
Mr. 5.:Iunders stilted that on October 1, 1984, the Court denied tlst
Naples Water Systems, Inc.'s requost for Injunctive Relief to enjoin
operation of various utility provisions in the Winter Park PUD and Ð
motJon is pending for reconsideration. He read the following atatem.nt
contained in that motion for reconslderAtionl -There ia no settlement
Ind ~ith thd Defondants demanding that Plantiffs surrender their legal
rights it is unlikely that this CAse can be resolved other than by
aDOK 083'rl~f58B
Paq. 22
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m( 083plr,t589 Octobor 2, 1984
litigation of all issues."
During the ensuing 1iscussion, Mr. Saundors said that, goIng to
the heart of the lawsuit., is whether or not Collier County has any
authority of any kind to regulate tho quality of service, the rates ånd
anything d.aling with tast Naples WÐter System, Inc. He said that the
t'irm .1lleges that there are no legislative acts or ordinances 'in
Collier County that give the Board of County Commission the authority
to regulate this utility in Ðnyway.
Mr. Hubschman said that the issue is that the County wants his
company to give up the right of condemnation in order to' sign thþ
stipulation which would' nullify the lawsuits Ðnd give the company no
standing. He said the firm has made the allogations because thoy felt,
legally, they were required to do so in order to support their side.
He said that hia company is willing to negotiate for the sale of the
utility but that Winter Park has been hold up for three years and the
County Mdnager, in conference with himself .1nd his broth'!r, has admit-
ted that he did not think th,H t:asl Naplos Water Systems, Inc. will
negotiate in good faith for the purchase of the plant. He said that a
condomnatlon would be costly to tne County and negotiations would be
the cheaper way to go. fie said that his firm Is willing to negotiate
in qood faith.
Commissioner Kruse said she was under the impreaslon that g~vern-
mental bodies always had a ri~ht for acqJisition over a utility and she
asked If there are now cases that say the County docs not have this
right? Mr. Saunders p.xplained that there are some cases that indicate
that there is a Prior Public Purpose Doctrine, when dealin~ ~ith emi-
nent domain, lInd that it would tJe difficult for Collier County t~
acquire a piece of pro~erty owned by the City of Naples because the
City could soy they Ire going to use that property for a public pur-
pC\se. fie said that East Nilples \\ater r.ystems, Inc. is /'I public utility
and has, supposedly, a public purpC\se and there could be some defense
to the County taking the utility throuqh el1'.lnent doml\in. lie s1\id thllt
it was his p"rs~nðl opinion that the County would prevail on this
issuw, ho"ever, oighteen months to two years could be spent in litiga-
tion over that ono issue.
Mr. wsk said that if this occurs the planning procel!s would be
stopped for the utility system and he dId not think th~ system could
afford that amount of time.
Commissioner Voss said that thIJ County has m&lde the utility an
Page 2J
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Octobor 2, 1904
off.r which stAtes tho utility can have evorything it ·wants if the
utility will give up tho right to contest the County's right to acqui-
sition by eminent '10main. '
Commissioner V.'5 reforred to 0 conversation during which Mr.
Hubschman said if tho utility did not got its way they wore going to
"tie the County In knoto". H~ said thin is not any way to negotiate
anything. Mr. Hubschman said that he said that .1fter Commissioner Voss
provoked him to which ~r. S~undors stated, for the record, that he wos
at that meeting and that Commissioner Voss did not provoko Mr.
Hubschman in anywðy whatsoevor.
Mr., llubschman said that the utility came in to negotiate for the
~inter Park arca to "untie that situation" and to negoti.1te for the
sale of the utility and tho first twenty to thirty minutes of that
discussion was devoted to East Naples Water Systems, Inc. providing
service to Wind Star and ho was upset because of the fact that h~ ~~uld
not even serve his own devulop:nent, Winter Park, and that Commissioner
Voss was asking him to providu service to an outside customer before he
could provide s\lrvice to his own development. fie admitted he made the
aforementioned statement becausu he ~as upset over the fact that he
could ask such ð thing. He said it was his right, as owner of his f
utility, to service his pro~erty.
Commlssionor Holland asked who would be responsible f'~ paying for
the litigation, to which Mr. Saunders said that the litigat~on involv-
ing eminent domain would be paid for by Collior County and If the
County prevails in the lawsuits dealing with antI-trust Items the
utility would PilY for that since that is not .1 cost that could be
passed on as a rate caso expense. fie said in the pending rate case the
rate payers will have to pùy.
Commissioner Kruse said that tho final offers, which Mr. Saunders
withdrew on OCtob.H l, 1984, gave East Naples Water Systems, Inc.
everything the utility askod for with the exception of the right to
object to the County's ability to take the plant, and Mr. Saunders
stated that was correct. Commi~aioner Kruso said that Mr. Hubschman
has told h~r several times that he did not mind if the County takes his
utility as long al he receives a fair price.
Mr. Saunders referred to Paragraph 5 of the utility's latest draft
which states "In the event that an agreement for the purchase of East
Naples Water Systems, Inc. cannot be negotiated, defendants may inlti-
tute eminent domain proceedinqs for the acquisition of East Naples
~K 083' pgr 590
Page 24
'"'..."~~--,.._...._._,''''''''._,''''''''"'''''',o.__.._'''','__''',.,,_''''..~''''..,,_._.....',,",>K»;
083 Pl~~ 591
October 2, 1984
Wat.r Systems, Inc. pursulnt to FlorIda Law. EDst Naples Wlt.r
Systems, Inc. re.'lrvu all of its ric;¡hU, undor Florida Law, with
r.3pect to a con( Jmnation.- Commis.ioner Kruse said this stat.ment
would loave the utility the right to objoct to thu County's right to
condemn,and Mr. Saunders agreed.
Mr. l~bschman said he could not give
would b. qiving up his lawsuits. H. said
the East Naples Water Systems, Inc. plant
his growth.
A discussion followed regarding the date when this discussion
would be contInued, with Mr. Saunders stating he would not be present
at the October 9, 1984 BCC meeting and Commissioner Voss stating he
would not be present at the October 16, 1984 BCC meeting.
Co..is.loner Pistor .oved, seconded by Comai.sion.r Kruse ana
carried 4/1, Co.mis.ioner Vo.s opposed, thlt the dl.cus.ion regarding,
Ea.t Naple. Water Syste.s, Inc. be continued to Octob.r 16, 1984.
Ite. 126
up that issue because he
that the County has devalued
over the years and stifled
DISCUSSION or COLLIER COUNTY rAIR BOARD OrPICERS - CO~TINUED TO 10/9/84
At the beginning of the meeting, County Attorney Saunders said
that the discussion concerning the Collier County Fair r'ard was to be'
brought back at this meeting after advertising. He said that the
advertisement had becn placod in the newspaper and called 'for new
members to be considered for the officers ana directors and that the
new membcrshlp includes those persons applying up to Octobcr 8, 1984.
He suggested that this item be continued to OctC'lber 9, 1984.
Comais.ioner Kruse .oved, .econded by Comal..10ner Holland and
clrried unani.ously, that the discussion of the Collier Cou~ty Pair
Board officers be continued to October 9, 1984.
...The following it.~s were Ipproved and/or adopted und.r the
Consent Agenda by motion of Co..i.sioner Kruse, .econded
by Commissioner Holland Ind carri.d unani.ou.ly.···
Ite. '27
RESOLUTION 84-l94 DESIGNATING COUNTY EMPLOYEES AS ZONINC INVESTICATORS
IN ACCORDANCE WITH ORDINANCE 82-20
Sec Pdges
.';-9~
Ite. '28
PETITION TR-84-4C, CEORGE L. HENDRICKS, RE ) MONTH EXTENSION TO
TEMPORARY RESIDENCE PERMIT POR E 75' or W 150' or TRACT IJ, UNIT 26,
GOLDEN CATE ESTATES
paqot 2S
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'OO( 083 P~'.f, 593
Ite. 137
ACCEPTAIICJ ".. RESIGNATION FROM CAPe FROM MR. PAUL FRANK, AUTBORIZATIOlf
TO ADVlRT¡SI ~OR A MEMBER TO rILL VACANCY
October 2, 1984
It..'U8
'DUPLICATE TAX SALE CERTIFICATES '5309 AND 11018-77 '1'0 BORIS BORSHOrF
AND NINA CARRIRO
-
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Ite,. 13~
MISCELLANEOUS CORRESPONDENCE - rILED AND/OR REFERRED
There baing no objection, the Chair directod that the followlnq
correspondence be referred and/or filed liS, followsl
l. Notice of Public Hearing receiv.d 9/18/84, C~mm~nlty,Service.
Block Grant, State Administrative Pl~n, Federlll r!!~al Year
1985, to be held on 9/28/84. FIled.
2. Memorandum datad 9/l9/84, from nich~rd F. e..rrett,' Div.
Director, Dapt. of Community Affairs, re notification of
Small Cities CDBG Program ~orkshop to be held 10/5/84. XCI
Ms. I\illi~mson. Filed.
3. Copy of lett~r dat<:d 9/20/84, from Rep. H~wkins to Lt. Gov.
~lyne Mixson encourDglng appr~val of Collier County's
application f~r a ~mDll Cltios Community ~velopment Block
Grant. xc: Ms. I\llliamson. Filed.
4. Departmental Reports: Filed.
A. Medical Examiner, September, 1984.
B. Ca pit a 1 Improvements, St.ltus of projocts, Public Wo rks,
'Transportation, July, 1904.
C. Capital Improvements, Status ~f 'Projects, Public Wo rks,
Engineering, July 1 to September .1 4, 1981..
D. I.ibrary, August, 1984.
S. Copy of lettur dllted 9/20/84, from Chief Reeves, Golden Gate
Fire Control & Rescu(¡ Dlst., to Statt: Dt:pt. of Revenue, Div.
of Ad Valorem 'Tax enclosin9 copies of required documents
pursuðnt to florida Statutas pertaining to budget Ddopted by
the G~lden Gate Fire Contr~l , Rescue District. Filed.
G. Lotter dated 9/24/84, from 'terosa B. Osborn r>f Intern.'\til'lnlll
Systems, Inc. plus data to updllte Collier County on services
that can be offered by 151. Filed.
7. Copy of letter dated 9/12/84, from E. Russoll Smith, Chief
Inspector, Florida D~pt. of Corr<:ctiClns, re an Inspection of
N.1ples City JaIl on &/23/84, when there were no deficiencie..
FIled.
paqe 27
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