BCC Minutes 08/07/1984 R
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Naple., Plorida, Augult 1, 1984
LET IT B! REMEMBERED, that the Board of County Commil.ione~. in
and for the O~unty of Collier, and al.o acting a. the Board of Zoning
Appeal. and a. the governing board(l) of .uch Ipec!al diltrict. al ~aY.
been created according to law and having conducted bu.ine.. ~.r.in, ..t
on this date at 9.00 A.M. in Regular S...ion in Building "F" of the
Courthou.e Co~plex, &I.t Napl.., Florida, with the following .ember.
pre.ent.
CHAIRMAN. David C. Drown
VICE CH"'IRMAN. C. C. -Red- Holland
John ^. Phtor
Frederick J. Vo..
Mary-France. Kru.e
ALSO PRESENT. Jame. C. aile., Fi.cal Officer, Elinor M. Skinner,
Deputy Clerk, Burt L. Saunder., County ...ttorney, Donald Lu.k, County
Manager, Neil Dorrill, .....i.tant County Manager, Terry Virta, Community
Development Admini~trator, Tom ~uck, Acting Public Work. Admini.trator,
William Blanken.hip, Admini.trator of Admini.trative Service., Lee
Layne, Zoning Director, Ann Ober, Planner, Grace Underwood, Admini-
.trative Aide to the Board, and Deputy Chief Raymond Barnett, Sheriff'.
Department.
BOOK 082 'Jr,r 507
Page 1
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Planner Ob.r explain.d the obj.ctiv. of this petition a. li.t.d
above and laid that Staff and CAPe recommend approval.
S'nce no one wa. r.g'.t.red to .peak, Coa.i..'oner Pi.tor .eYed,
.econded by Co..'....on.r (ru.e and carried unanlllOU.ly, t~at t~. pabUc
hear'ng be clo.ed.
eoa.....on.r P'.tor .ov.d~ ..conded by Co......on.r Kru.. and
carr'ed unan'lIOU.ly, that the ord'nance a. nu.bered and ent'tled below
be adopted and .nt.red 'nto Ord'nanc. Book 110. 101
ORDIlfMCE 04-49
AJI OItÞINAJlCE AMDDIIIO ORDINMCE NO. 01-60 WHICH ESTABLISHED
THE POXPIRE PLANNBD WIT DEVnOPMENT, AMDDING THE EXISTING
POUlRE P.U.D. BY MENDIIIG IICTIOM 1.3, PROPERTY OWIIIBRSHIP,
AMENDING SUBSECTION A, SECTION 2.3 PROJECT PLAN AND LAND OBB
TRACTS, AMENDING SUBSECTION 3.4.4 MINIMUM YARDS, SUBSECTIOIf
C., AMENDING SUBSECTION 3.4.6. OPP-STRE!T PA~INa
REQUIRZHENTS, AMENDING SECTION 4.6 OFF-SITS PA~ING
Il..~UIREMEJITS, AMPDltfG SECTIOlf 5.4. REOULATIONS BY AMENDING
SUBSECTION. 5.4.1., 5.4.2 AND 5.4.3 AND BY DEL!TIIO
aur:SECTIotfS 5.4.4. AND 5.4.5, AMENDIIIG SECTIOM 6.2 GUEJlAL,
AMENDING SECTION 7.5. GENERAL REQUIRZHENTS, SOBSBCTIOII
7.5(2), AMEJlDING THE P.U.D. MASTER DEVnOPMENT PLAN TO
REFLECT THE RELOCA.TION OF TRACT D, PROVIDING AJI EFFECTIVE
DATE.
It.. .5
ORDINAJrCE 84-50 RE P!T. ZO-84-17, AMENDING POUlRE POD RE LOT AJlEA,
WIDTH, AND SETBACKS - ADOPTED
Legal notice having been publhhed in the Naple. Daily New. on
July 6, 19B4. as evidenced by Affidavit of Publication filed with the
Clerk, public 11earinq was ~pened to consider Petition ZO-B4-17, filed
by Wilson, Hiller, Barton, 501l , Peek, Inc., repres.nting U.6. Ho..
Corporation, requesting an a..nd~ent to the Foxfire PUD by amending the
language concerning lot area, width, and .etbacks.
Planner Ober explained the objective of thil petition al lilted
above and .tat.d that Staff and the C^PC recommend approval.
Th.re betng no on. req'.ter.d to .p.ak, Co......on.r Kru.e .oved,
.econded by Co.....ton.r vo.. and carr'.d unan'aou.ly, that the public
hear'ng be clo.ed.
Co..I...on.r Kru.e .oved, ..cond.d by Co..I..'oner Vo.. and
carr'ed unan'.oualy, that the ordinanc. a. nu.ber.d and .ntitled below
be adopted and .nt.red 'nto Ordlnanc. Book No. 10.
tOOK 082 rA~[ 513
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AugUlt 7, 19B4
082rm514 .
OItÞI.MCZ 84-50
M O.DIKMCI AMlKDIIIO ORDINAlfCI 81-60; WHICH ESTABLISHED THE
POXPIRI PLASIIED UNIT D!VBLOPMEBT, AMEMDI.O THI EXISTI.O
POXPIRI P.U.D. BY AMØDINO SUBSECTION A, SECTIOH 2.3 PROJECT
PLAII AND LAIID USI TRACTS, AMEND I 110 IECTIOM 3.2., MAXIMUM
DWELLIIIO UNITS, AKERDING SUBSECTION 3.4.2., MIKIMUM LOT AREA,
AMDDING SUBSECTION 3.4.3., MINIMUM LOT WIDTH, AMENDIIIO
SUBSECTION 3.4.4.~ MINIMUM YARDS, AM!HDIIIO SECTIOR 4.3.,
MAXIMUM DWELLINO WITS, AMENDINO SECTION 5.2., MAXIMUM
DWELLING UNITS, AMENDING THE P.U.D, MASTER DEVELOPMENT PLAII
TO RlFLECT THE LOCATIOII OF TRACTS A-l AND A-2, PROVIDING AN
EFFECTIVE MTI.
It.. U
ORDI.l\aCE 84-51 U PET, R-84-16C, COLLIER DEVE1J)PMDT CORPORATIOM, U
USOKIMO OF PROPERTY FROM RMF-6 TO POD KNOWK k8 PAVILIOIf SROPPI.O
CDlTIR _ ADOPTED SUBJECT TO CAPC STIPUU.TlotfS, PETITIONER'S AGIlEEMJ:JIT
ACCEPTED '.
Legal notice having been published in the Naples Daily News on
July 6, 1984, as evidenced by Affidavit of publication filed with the
Clerk, public hearing wal opened to consider Petition R-84-16C, fileð
by Collier Development corporation, requeating rezoning nf property
from RMF-6 to PUD known al Pavilion Shopping Center, loc_ted on the NW
corner of u.s. 41 and Vanderbilt Beach Road.
Planner Ober explained the petitioner wants to add 3.45 acre. of
the westerly parking area to the existing Pavilion PUD tn allow for
Phase 3 development. She said that Staff and all County Agenciel
reviewed thia petition and recommended approval suhject to the amend-
ment of the PUD docu.ent as delcribed in the Staff report. She said
that the CAPC held their public hearing on July 5, 1984, and recom-
mended approval subject to Staff .tipulation with a minor verbage
change in the traffic stipulation referring to the -fair share- ordi-
nance under study. She stated two letterl regarding the petition were
received, one in favor and on. opposing.
H.ar'n9 that no one was r.g'.t.r.d to .peak, CO.....on.r ".tor
.ev.d, ..cond.d by Co..i..'oner !tru.e and carr'ed unan'.ou.ly, that t~.
public h.aring be clo.ed.
CO......on.r p'.tor .eYed, ..conded by co......on.r Holland and
carr'.d unanimously, that the ordinance a. nu.bered an4 ent'tled below
be adopted, .ubject to the CAPC .tipulat'on., and entered 'nto Ordi-
nance Boo~ No. 101
Page 4
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^ugust 7, 1984
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ORDII\TAØCE 84-52 ax PET. R-04-14C, CAROL WOMBLZ, RE axZOHIMG PROM RSP-4
TO C-4 POR A Ilu.L ZIi. "ATE OFFICI 011 SE10GATB DRIVE - ADOPTED, SUBJECT TO
STMF STIPOtATIONS, P.7TITI01f1!':R'S AGREEMENT ACCEPTED
Legal notice having been publilhed in the Naples Daily News on
July 6, 1984, as evidenced by Affidavit of Publication filed with the
Clerk, public hearing was opened to con.ider Petition R-84-14C, fil.d
by Carol Womble, requesting rezoning from RSF-4 to C-4 for a real
eltate office for property located on Seagate Drive between a new
office building and Seagate Baptist Church.
Planner Ober said that Staff recommends approval subject to the
Itipulations listed in the Executive Summ~ry ~ated 7/11/84. She said
that Staff and CAPC recommend approval subject to those stipulation..
Attorney Michael Volpe, representing the petitioner, said that the
petitioner. has made arrangements to hook into a central water system.
He laid that one of the Staff stipulations i. that the petitioner
inltall an on-site sewage treatment plant for this property, currently
served by a septic tank. He said that this would cost approxiMately
$5,000 and requelted that this Itipulation be removed, since the
property will eventually be sr.rved by a central sewer system.
Community Development Director Virta explained that the stipula-
tion was inserted in order for the property to meet the req, Ired point.
to allow for the rezone and to be in compliance with the Comprehensive
Plan.
County Attorney Saunders said that the Board of County Cømmis-
sioners are required by State Law to make .ure that the property i. in
compliance with the Comprehensive Plan and the only other approach for
thil petition would be to make a change in the Comprehenlive Plan.
Commissioner Krule pointed out that the Board adopted the Compre-
hensive Plan with the point system and there il no luch thing a. an
amendment to it.
A dilcussion ensued regarding the planned disposal of effluent
froM the package plant stipulated by Staff and Acting Public Works
Administrator Kuck said that the provision for the effluent is subject
to DER approval.
Co..i..ion.r Vos. moved, .econded by Co......on.r !tru.. and
carr'ed unan'.eu.ly, that the publ'c hear'ng be clo.ed.
&OO( 082w,¡517
Page 6
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August 7, 1984
eo.a...~.on.r V,·.,. 110,,84, .econded by Co_....on.r p"tor and
carried onan'.ou.ly, that the ord'nance a. nuabered and entitled below
be adopted .ubject to Staff .t'pulat'on., and .ntered into Ordinanc.
look Ro. 181
OJU)III"'CZ 84-52
Nt OJU)I.NICZ AMDDIIIO OJU)IlfNtCI 82-2 THI COMPJmfDSIVB IOMIRa
RZGULATIOIIrI FOR THE UIIIIlCORPOJtATED AJlEA OF COLLIER COUIIITY,
I'LORIOA~ BY AMIDfDU,a THI OPl'ICIAL IO.U'O ATLAS HAP JlUMBER'
49-25-5 BY CHANOI.O THI 10111110 CLASSIPICATIO. OP THE HIRaI.
DBSCRIBED PROPERTY LOCATED OK SEAOATI DRIVE BETWEEN THB
PROFESSIONAL OFFICE BUILDINO AND SEAOATB BAPTIST CnURCH FROM
JUJ"-4 TO C-4 FOR A REAL ESTATB OFFICE, AND BY Pr-oVIDINO FOR
Nt IPPECTIVE OATS.
Pag. 7
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ItEIOLOTIOII 84-148 ItE PI1'. PU-84-ec, AVATAR UTILITIES; ItE PROVISIOKAL
UBI FOR PIRCOI.ATI~ PORD8 LO<:-'TID I. BLOCItS 225. AlfD 258, WIT 7; OOLDn
GATI CITY - ADOPTED ""UBJIC'T TO CAPe STIPULATIOIfS, PETITIOMER'B
AORZBMDT AlfD FIIIDn.J OP FACT ACCEPTED
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~ugu.t 7, 1984
Planner Ober .xplained that the objective of this petition i. to
upgrade and expand percolation pond. located we.t of Tropicana Blvð.,
north of 32nd Ave., S.W., Block. 225 and 258, Unit 7, Golden Gate City,
for an exi.ting wa.tewater treatment plant. She .aid that Staff and
all County agenciel recommend approval aubject to Staff atipulations
lilted in the Executive Summary dated 7/26/84. She laid that at the
CAPe public hearing, held July 19, 1984, three people spoke opposing
the petition citing the poaaibl. çontamination of wells of nearby
r.sidentl. Shø explained that lince the CAPC meeting one lett.r
opposing the petition was received. She laid Staff and CAPC recommen~
approval subject to the CAPC stipulations.
Commi~aioner Pistor asked if any thought hal been given to
tertiary treatment in order to u.e the water for irrigation of a nearby
golf courae and Attorney Tony Reevea, Vice pre.ident and General
Manager of Avatar, relponded that the company has considered thi., but
this would require that the golf course be diked and he .aid there i. a
queation whether approval could be obtained for tertiary tr'.,tment. H.
said that tho petition reprelents the most coat effective loiution to
the lituation.
Coa.....on.r P'.tor aov.d, ..cond.d by CO......on.r Holland and
carried unan'.eu.ly, that Re.olut'on 84-148 reqard'n9 'et't'on PU-04-BC
be adopt.d;
Page 0
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AU9Ult 7, 1904
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USOLUTI01I 84-149 u: PET. AV-84-011, AVATAR HOLDIJI08. III'C., U VACATIOII
OF ALL ~. ItOADS. ALLEYWAYS. AND BASD4DTS LOCATED I. BLOCU 255, 257
AlfD 258; OOL1)D GATS OMIT 7; TO BXPAND AJI EXISTING WA8TEWA'I'ZR FACILITY
ADOPTED
Legal notice having been publilhed in the Naple. Daily New. on
July 22, and 29, 19B4, as evidenced by Affidavit of publication filed
with the Clerk, public hearing wal opened to consider Petition
AV-B4-011, filed by Avatar Holding., Inc. requelting vacation of all
lot., roadl, alleyway., and ea.ements located in Block. 255, 257 and
250, Golden Gat. Unit 7, to expand an.eÄi.ting wa.tewater facility.
Acting Public Work. Administrator ~uck said that this i. a com-
panion item to the previous petition.
Tape .2
Mr. Kuck eÄplained that Letter. of "No Objection- have been
received from all pertinent utility companie. and the Engineering
Department has reviewed the petition and has determined that the
easements are not required for drainage purpo.e!. He .aid that COII-
lIunity Development hal reviewed the petition and recommend. approval.
Mr. Max Hal.e, pre.ident of the Golden Gate Civic A..ociation,
.aid that the Board of County Commil.ioner. have given thought to
purchal. wastewater facilitiel and he alked if appr~val of this peti-
tion would mean that the County would have to pay $10.00 for each
dollar they spend? He asked if this service i. goin~ to be provided
for additional ule of r~sidents or if the .xpan.ion il being done for
.
the development of tho area by ^vatar? County Manager Lusk .åid that
he a.lumed that the expansion il for additional development of the
area. Zoning Director Layne laid that the State has notified Avatar
that they had to expand and Itart lervlng the area.
Mr. Reeve. .aid that hi. company il roquried by DER to eliminate
the dilcharge from the .ewage treatment plant. He .aid that Pha.. 2 of
development i. to build a new facility to meet the groundwater Itand-
ard. of DER. Relponding to Commi.lioner Pi.tor, Mr. Reeve. .aid that
Avatar has a .elf-impoled moratorium on new connoction. until the
probleft of lIeeting the DER requirement. is resolved.
Co......on.r Holland .eved, ..conded by Co......on.r Pa.tor and
carri.d ynan'.ouIly, that the public h.ar'ng be clo.ed:-
Co......on.r !tru.. .ov.d, .econded by Co......on.r P'.tor and
carr'ed unani.ou.ly, that Ro.olution 04-149 r. Pet't'on AV-04-011 be
adopted.
&OOK 082 PA~! 525
Page 9
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It.. no
P!TITIOM PU-04-9C, WILLIAM V:ß8~ REPRESENTU10 DUME'S RESTAURA1fT8,
INC., U PROVISION)'. USE "a" OF C-3 FOR INDOOR RECRXATIOIIAL USES FOR
BAXTER'S RESTAURANT - DBlfIED
Planner Ober explained that Petition PU-84-9C i. a reque.t to have
live mUlic in Baxter's Restaurant. She said that Staff and all County
agencies reviewed this petition and recommend approval lubject to the
stipulationl li.ted in the Executive Summary dated 7/27/84. She said
that the CAPC held their public hearing on 7/19/84 and nine people
spoke againlt the petition, citing increase in noi.e and concern over
lafety and p4rking. She said four letters have been received in
oPpolition to the petition. She .aid that the CAPC unanimoully recom-
mended denial. She said if the Board .hould approve this petition that
Staff s~gge.t. they do .0 .ubject to the above-referenced .tipulation.,
plus the additional Itipulations that the petitioner put on himself
which are listed in the above-mentioned Executive Summary.
Mr. William Vinel, representing the petitioner. explained that
this il. in part, a technical zoning problem .ince the restaurant i.
located in the C-3 District and the Zoning Ordinance state. that rest-
aurant. and cocKtail lounges are allowed in thil district, however, the
ordinance doe. not say anything about live mueic, which }>'. contended i.
an oversight. He laid that the ordinance does not .ay where in the
County live entertainment can be provided. He .aid that Ba~ter'.
opened lalt year at the corner of Gordon Street and U.S. 41 ard a band
wa. hired which increaled buaine... He explained that the Zon'ing
Department notified the owners that live music was not allowed and he
contended th~t this ad~ini.trative interpretation of the ordinance is
wrong. He said that the owners appealed this decision by the Zoning
Department and the CAPC supported the appeal but the Board of County
Commillioner. denied it on the grounds t~at the Board did not want to
open up nightclub activities throughout the County in C-3 Di.trict..
He .aid that this provilional use petition pertain. only to Baxter'.
Reltaurant.
Mr. Vines .aid this petition represents Baxter'. be.t effort. to
create a petition that the Board will permit .0 the own~r. can run a
profitable businesl while, at the same time. safeguarding neighboring
resident. against any problems. He laid that an accoultical .peciali.t
was hired who .tated that the music from the band i. not a proble..
Mr. Vine. said that traffic il generated from the increased cu.tomer.
aOOK 082 r1~r 527
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082 w.r 528 AUÇ1ult 7, 1994
and this petition propos.. that the petitioner will build a f.nce and
.hrub barri.r on the ,id.. of the parking lot ~nd will block off the
pr...nt'connection that p.rmits driving from the parking lot to the
.treet next door, He .aid that the petition.r i. contacting the law
office nearby for per.i..ion to u.e their parking lot aft.r 0,00 P.M.,
which would r.sult in 117 parking .pace. being available which should
relieve the problem that occurred of parking along Gordon Str.et by the
cu.to..rl. H. said that a s.curity guard will be hired for the parking
lot ev.ry night there il live mu.ic to a.sure that people park in the
right plac.. H. said the petitioner propo.es that the Board approve
the petition for one year and, if there i. any problem during the year
that violat.. the permit, the owners will Itop having live mu.ic.
The following persons spoke in favor of the petition.
Vicki Dutton Daniel Macalwain
Don Bickford Fred Oill.tte
Th. fdllowing perlonl spoke in oppoaition to the petition,
Vern Dunck lee
Roddy &I rnlhaw
Jame. Riddle
George ~eller
Edward Rus.ell
Barbara Tanner
Tape .3
Deputy Chi.f Barnett referred to Mr. Vin.s' statem.nt ttlat if
there was a co.plaint about the re.taurant the live music wocld be
Itopped and h. .aid that the Sheriff's Department has no inter.st in
wheth.r the ra.taurant ha. a live band or not. He di.agre.d with the
idea of making the Sheriff'. Department a part of the Provi.ional Use.
Mr. Vinel laid that it waD the intent of the petitioner that the Zoning
Department determine whether or not the Itandard. were being m.t and
whether complaintl were being made frivolously.
Co..i.sioner Vo.. mov.d, .econded by Co.....ion.r ,i.tor and
carried 4/1; Co......on.r Brown oppo..d, that Pet'tion PU-04-9C be
deni.d.
···RZC!SS!DI 10110 A.M. RECONVEI\TEDI 10.25 A.M.···
Ite. Ul
PRZLIMIlfARY DOIIREUIIO REPORT JUC WATER, 8!W1R, JtOAD, AND DRAIlfAOI
IMPROVEMDTS POR PUB RIOOE INDUSTRIAL 'AJU( - ACCEPTED, JOIIIT VE1n'ORE
or HOLE, MOØTES AND ....SOCIATES, INC. AND WILSOR. MILLER, BAJtTOIf, SOLL .
PBZ(; INC. AUTHORIZZD TO UVIn PRZLIMIIIARY PLM, MD HAlmLE DETAILS
IfECES8ARY TO SCHEDULE A PRELIMINARY ASSESSMENT PUBLIC HBARIwa
Acting Public Works Adziniltrator Kuck explained the Staff recom-
mendation that the Board accept the pr.liminary engineering report to
Page 11
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Augu.t 7, 1984
provide wat.r, ..w.r, road, and drainage i~provem.ntl for Pin. Ridg.
Indu.trial Park An~ to authorize a future pr.li~inary a...I.~.nt public
h.aring. He r.f.rtJd to the Ex.cutiv. Su~mary dat.d 7/19/04, which
outline. the mann.r in whic~ the BOArd created the Pin. Ridg. Indu.-
trial Municipal S.rvic. Taxing Unit and directed .taff to reque.t pro-
posal. fro~ con.ultant. .0 an engine.ring firm could b. ..lected for
the pr.liminary de.ign of the project. He said that the district i.
bounded on the louth by Pin. Ridg..Road, on the .ast by Airport/Pulling
Road. on the north by J , C Boulevard and on the west by the Section
Lin..
Mr. Tom P.ak, of WilDon, Miller, Barton, Soll ftnd Peek, Inc.,
.tat.d that Mr. Sergio Monte., representing Hole, Montes and ^..oci-
at.s, Inc., wal prelent to r..pond to questionl. He lAid that m.mb.r.
of thele fir~s were charged with inveltigating the l>ossibility of an
extended potable water sy.tem within the pine Ridge Industrial Park
area, installing a .ewer treatment and effluent di.po.al .ystem, loo~-
ing at the drainage .Yltem and road. in the area and making recommenda-
tions as to i~provement. or in.tallation of those items. He .aid this
work wal done and a preli~inðry engineering report was prepared cover-
ing each of the above items and that the recommendation included the
installation c.f a pot.able water system that would provide ':or the
domeltic requirements of the oxilting businesses a. well a. those land.
that are to be developed, and would provide for fire plugs. He .aid
that currently the buildings are being ..rved by septic tank..~nd the
recommendation il that a sewage collection .Yltem be inltalled to
provide for lervice for the exilting buildings and future building.
within Section 11. He .aid that the report outlined the pos.ibility of
conltructing an on-lite lewage treatment plant on properties to be pur-
chased nearby Section 11 and looked at an alternative of pumping the
s.wage to the exi.ting North Naple. Seway. Treatment Plant, treating
the material and di.posing of the effluent along with the other efflu-
ent of the plant. He .aid that the .ix basin. within the drainage
IYltem were analyzed, adding that the nece.sity of increa.ing the
nu~ber of ea....nt. wal inveltigated to i~prove .om. exi.ting ditch..
and to add new onel, as well as to add new culvert. und.r exi.ting
road~ where they are non-existent or have been blocked to i~prove the
road. ide drainage .y.tem. H. laid that all of the road. are not County
controlled road. in Section 11, and each of the exi.ting .tre.t. were
inventoried and clal.ified according to the .tructual classification.
aOOK 082 mr 529
rag. 12
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...Commi..ioner Brown left the roo. at 10.30 A.M. .nd returned
at 10.45 ....M.···
Mr. Pe.~ .aid that _ COlt e.timat. was provid.d for .ach of the
.bove tt.m. and an a.I..._.nt rol~ was d.v.lop.d for the COlt to the
individual property own.r.. He laid that the propo..d .....Im.nt. are
$11.20 p.r foot for water, $27.47 p.r foot for ..wer, $29.27 for road
recon.truction. and $12.33 for drainage for a total of $80.27 per front
foot.
Mr. Peek .aid that an infor~al public h.aring wa. h.ld on May 2,
1984, with .pproximat.ly 50 prop.rty owner. attending and the .tudy w..
r.vi.w.d in d.tail. He .aid that tt wa. hi. impr.l.ion that the people
who att.nded w.r. lati.fied and wanted to mOve forward on all ite.. of
con.truction.
Co.mi'lionor Vo.. .aid that the condition. of the .treet and
utilitie. in ~ni. area are undelirable and many of the property owner.
hay. .po~en to him about getting tho.e upqraded, even though they are
aware the1.will have to pay a .pecial a..e..ment.
Chief Jim Jone., of the North Naple. Fire Department, .aid that
hi. department in.titut.d the r.qu.lt for this .tudy in 1977 and the
Departm.nt'. primary concern i. for wat.r. He laid that the Itr.et.
are d.plorabl. and the Department would like to Ie. thi. proj.ct mov.
forward.
Co..t..lon.r ~ru.e .oved, .econd.d by Co..le.lon.r VO.. .nd
cftrrled 4/0. Co..II.loner Brown out of the roo., that the prell.lnary
engineering report to provide w.ter, ..w.r, road, and drainage i.prove-
.ent. for Pine Ridge Indu.trlal Park be accept.d and that the Joint
V.nture of Role~ Mont.. and A..ociat.., Inc. and Wll.on, Miller.
B.rton, loll and Peek, Inc. be .uthorized to revi.e the preli.inary
pl.n; upd.te the preli.lnary ........nt roll, provide reco...nd.tion.
for fin.ncing the project, and .chedule a Preli.inary ~.e....nt Public
ne.ring for the pin. Ridge Indu.trial Park MSTU.
Ite. 112
UTILITY RELOCATION I\.GREEMENT .AND SUBORDINATION OP UTILITY INTEREST
AGREEMERT WITH FLOIlIDA POW!:R .AND LIOHT COMPANY FOR GOLDEN GATB
BOULEVARD - APPROVCD
Acting Public Work. Adminietrator ~uck explained the r.com.enda-
tion to approve a Utility Relocation Agre.ment and a Subordination
Agro..ent with Florida Power and Light Company necellary for the
con.truction of Golden Gate Boul.vard between C.R. 31 and 1-75. He
Page 13
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It.. U3
BID 1129 FOR WIIf1)Ot' SHADES III BOILDIIfO "F" - AWARDED TO DUIGnR'S
TOOCH IW THE It.HOtJJn' OF '7,476
Legal notic. having been publi.hed in the Naple. Daily N.w. on
July 5, 1984, a. evid.nced by Affidavit of Publication fil.d with the
Cl.rk, bidl were r.ceived for Bid .729, for window Ihade. for Building
-r-, until 2.30 P.M. July 25, 1984.
Ad~ini.trator of Adminiltrative Services Blankenlhip .xplain.d
thi. il a reco~mendation to award Did .729 to D.lign.r'. Touch for the
purchal. and inøtallation of window .h~de. in Building -,- for en.rgy
conl.rvation and ..athetic purpo..I.
Reaponding to COM~i.lion.r VOII, Mr. Blankenlhip .aid thil item
will be included in the Ju.tice Center bond i..ue.
Co..i..ion.r Kru.. aov.d, .econd.d by Co......on.r P'.tor .nd
carri.d 4/0, CO....lion.r Brown out of the roo., th.t Bid .729 be
aw.rded to De.'gn.r'. Touch in the aaQunt of '7,476, a. r.co...nd.d by
the Purch..ing Dir.ctor to be the low..t r..pon.ibl. bid In the be.t
'nter..t of the County, and that the Ch.'raan be author'zed to .ign anð
the Clerk to att..t the r..ulting .gr....nt.
It.. U4
CONTRACT FOR COLLECTIOIf AOINCY SERVICES FOR EMS - AWARDED '1'0 CREDIT
BUREAU or NAPLES AND COLLIER COUNTY, INC.
Admini.trator of Admini.trative Servicel Blan~en.hip eaiq this i.
a recom~.ndation to award a contract to provide collection .ervice. for
Emergency Medical Service.. He .aid this i. a conti~uation of the ..r-
vice which i. preeently provided by another collection agency, adding
that Staff recommend. . contract be awarded to the Cr.dit Bureau of
Naple. and Colli.r County, Inc. in order to enhance collection of money
due the County for the provi.ion of emergency ~edical tranaportation
aervice..
County Manager Lu.~ aaid that thie company would b. collecting
d.linquent account I and that Staff il inv..tigating making a change in
the method currently ueed for initial cOllection.. R..ponding to Com-
mi..ioner ~ru.e, Mr. Lu.~ laid that a report on the procel. for initial
cOllection. will be before the Board in approximately two w.ek..
Coaai..ion.r Vo.. aoved, ..cond.d by Coaai..'oner Kru.. that a
contr.ct for collection agency .erv'c.. for EMS be awarded to Credit
Bureau of ..pl.. and Coll'.r County, Inc.
Co.~i..ioner HOlland .xpre.l.d hi. concern about the .ituation and
;;; 082,.", 547
Page
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082w.t548
Auqu.t 7, 19B4
by the County
.uqg..t.d waitinq until the above-mentioned report
Manag.r was available before voting on thi. it....
Co..i..ioner Piat Jr .aid that the coll.ction for EMS .ervic.. has
b..n improvinq and h. .xpr.I..d the opinion that the curre~'~.EMS ..r-
, "
vie.. are not co.ting the County taxpay.r .uch .ore than wh.n there wa.
a private account for the ..rvic... H. aqreed that the pr...nt collec-
tion ..rvice .hould b. r.plac.d .ince th.y are only av.raging approxi-
.at.ly 5' collection which i. not a qood rate for a coll.ction ag.nt.
H. .aid that the recommended coll.ction agent has a qood reputation for
d.linqu.nt account..
Tape . 4
Re.ponding to Commillion.r Holland'l .xpr....d concern about the
amount of .oney b.ing Ipent for ~MS ..rvice., Commi.lioner Pi.tor .aid
that in ao~< of the coa.tal ar.a of Collier County the collection rate
i. in the BO' to 90' range which was n.ver r.ached by the private
co.pany. ~ommi.lioner Holland .aid it was hil opinion that the County
i. .pendinq approximately t~re. time. more now for EMS .ervice. than
previou.ly. ~~
Mr. Oeorg. K.ll.r, Pr..idont of Collier County Civic F.deration,
r.commend.d that the County Manager review the whole ambulancft .itua-
tion, addinq that there i. more involved than ju.t collectio~. He
reque.ted acr. reali.tic pricing for the .ervice..
Upon call for the que.tion, the action carrl.d unaniacu.ly.
Page 16
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It.. US
DISCUSSIOIII JUI: ALLOCA·,·~OIll OF COMHUJiIITY PAU rtmDS - COtCTIIfUED TO "00081'
21, 1984
CO.llniSS ioner VOIS said when the Ma rco h land res ident. bought
their property they pai1 a s.all portion of the COlt of the property
donated for the Marco Island park. He said if that land had been left
for development it would have brought in more lIoney. ne said that the
people of Marco Island are paying a .izable portion of the bond i.sue
and it would be wrong to penalize them because they have already paid
for the land that is to become the community park. He placed the value
of $600,000 on the property Deltona donated, and said that the racquet
club in the area is worth approximately $260,000. He said that
subtracting the worth of the racquet club from the property value
relults in $340,000. He said there il approximately $4,625,000 in the
bond ilsue that is uncommitted and if $340,000 is lubtracted from that
the amount is $4,285,000. ne said that dividing that amount by five,
the number of parks, results in $857,000 and if $340,000 is added to
that, representing the amount he thinkl Marco Island deserves, then
Marco Iftland would receive $1,197,000 and the other four parks would
receive $857,000 for park development. ne said it is unfair to do
anything else.
Commissioner Pistor agreed with Commissioner VOIS. addin~ that the
longer the decisicn regarding allocation is allowed to remain unre-
.olved the less chance there is for any parks to be built thi~ year.
He said, if the amount of money that Commissioner Voss suggests each
park receive is added to the cost of the land, the divipion of the
money il fairly even, except that ImJlokalee would receive $300,000 to
$400,000 leis than the other area.. n~ laid, however, that the
IJlmokalee park land is in better condition than some of the other .ite.
so that les. money will be needed to prepare it for further develop-
..ent.
Commissioner HOlland a.ked if any estimate hal been made regarding
the COlt of developing any of the parkl, and Mr. Tom Peek, of Wil.on,
Miller, Barton, 5011 , Peek, Inc., park consultants, responded that on
those park. that have cOJlpleted Master Planl a cost eltimate has been
prepared, however, the North Naplel park il not included since the
property was only purchased during tho palt two week~. He said that
the approximate cost for the development of the East Naples Park i.
$2,600,000 for preparation, development and complete facilities,
BOOK 082 w~ 551
Page 17
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082w.~552 August 7, 1984
excluding the land co.t, the Golden Gate park co.t is approximately
"
$2,100,000, the Marco I~\and par~ eltimate included the gymnatoriu..~'
and, with that facility r ·.ov.d, there i. no ùpdated co.t e.ti.ate for
the park, and the approxi~ate COlt estimate for the IlImokalee park is
$2,000,000. He .aid the available money will only allow development of
approxiaately 40' of the total Malter Plan park facilities.
Mr. Mike Zewalk, reprelenting the North Naples Civic Association,
said that the North Naple. taxpayer expect. something for the money
being paid. and he added that the co.t of the par~ .hould be equal in
ratio to the tax dollarl in the area.
Com.i..ioner Piltor .aid if Mr. Zewalk'. .uggestion il u.ed
I.mokalee might receive $80.000 to $100,000, Golden Gate would receive
approximately $400.000 and the other areas would receive higher
amount.. However, he .aid this 1s not the way to proceed.
Hr. Bob Zimmerman. repre.enting the Marco Island Civic AIsocia-
tion, agr.~d with Commi..ioner Vo..' formula for allocating the park
funds. pointing out that when a developer .et. aside land for a park
the cost of the other property in a development ls raised.
Hr. I. E. ~van.. repre.enting the Marco Illand Taxpayers A.socia-
tion. said hi. orgAnization feels that Marco I.land is going to pay a
dilproportionate Ihare of the bond i.lue. He agreed with Com.,i.".'.oner
Vo..' lugge.tion. so that the County will pay for tho property that
will be used for the Marco Is1and park.
COllmi.lioner Kru.e agre~d that the property owner. on Marco Island
have probably paid for the property to be u.ed for their park. She
.aid that if thi. rule 1. to be applied on Marco I.land than the con-
tributions of approximately $60.000 for the Golden Gate park property
and the co.t of the land donated for the Immokalee park .hould be con-
sidered in the .ame .,anner. She .aid that by the time all the lite
dev.lopment is completed only Marco Illand will have anything in their
park. the racquetball court.. She .aid that the East Naple. park
property has site development probleml. She reque.ted another week to
make her decilion. until Mr. Peek brings in the .ite develop.,ent
figure. that bring each park to an equal footing.
Mr. Peek .aid that it would not be pos.ible to bring those figur..
in next week, since the boundary survey data and topoqraphy on the
North Naples site have not been received. He .aid that an approximate
figure could be pre.ented in two weekl.
COllmis.ioner Kru.e .aid the item that concern. her il the .ite
Page 18
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development co.t of the Ea.t Naple. .ite and that it i. not fair for
the oth.r parkl to have approximat.ly $1,000,000 and the Ea.t Napl..
park hal nothing t~r dev.lopwent.
Mr. Pe.k revi~~ed the prelent Phase I Ma.ter Plan for the Ea.t
Naple. Par~. H. .aid that the total site development would not b. don.
in Phal. I, pointing out that for the five acr. lake only three acr..
would be dev.loped in Phal. I. H. laid that he can provide the figure.
for the cost of .ite development which would include .ito drainage,
fill and utiliti.l.
Tape .5
Follow'ng furth.r d'.cu..'on, Co......on.r (ru.. aov.d, ..cond.d
by Co.....ion.r Holland and carri.d 3/2, Co......on.r. Va.. and p'.tor
oppo.ed; that the d.ci.'on regard'ng the allocat'on ot the co..un'ty
park fund. be continu.d until Augu.t 21, 1984, .0 that Mr. P..k can
provide the approxiaat. co.t tor .'te develop.ent of the park..
...Commillioner Kruse left the room at 11125 A.M. and
returned at 11.37 A.M.···
It.. 116
ACTION ON CONTRACT TO PROVIDE SURVEY, DESIGN AND P!RMI'M'IRO WOR.( NEEDED
FOR DESIGN AND CONSTRUCTION OF AN 8 INCH WATER MAIN EXTENSION TO THB
SEWER AREA -A- WASTEWATER TREATMENT PLANT - CONTINUED TO 8/21/04
Assiltant ~ounty Manager Dorrill explained this item 1. a requelt
to authorize an addition to the contract for the Consulting Engineer.,
Post, Buckley. Schuh' Jernigan, Inc., for survey, d~lign and permit-
I
ting work associated with an 8 inch water main exten~ion to tne S.wer
Area "A" Waltewater Treatment Plant to provide fire fighting
capabilitiel. lie laid that this work will be an expl'nsion to meet
requirementl, however, Staff il going to meet with the consultant. to
.ee if a more agreeable approach than spending $30,000 for a fire
hydrant can be devi.ed.
Commissioner Voss asked if the water from the percolation ponds
could be used for fire fighting purposel, and Mr. Dorrill said that
~ight be po.sible. County Manager Lusk .aid it wal hi. opinion that
the Fire Chief would have problems with this plan.
Commilsioner Piltor questioned paying $3,000 for .ervice. he felt
could b. provided by Staff, and Mr. Dorrill said that apecification.
and blueprintl will have to be prepared for the project and he said
that Staff could do this work, however, he has not re.olved why po.t,
Buckley, Schuh' Jernigan, Inc. had not included the water main and
&ODK
082 wr 553
Page 19
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082 W,t 554
Augu.t 7. 1984
that he would pur.u. this ~atter.
eo...~.ton.r Holland .ev.d; ..conded by Co......on.r P'.tor and
carr'.d 4/0; Coe.....~n.r Kru.. out of the roo., that thi. 't.. be
deferr.d for ~"o ",..k. ·~ntH Mr. DorrHl ha. had an opportunity to ..et
w'th the eon.ult'nq Enq'neor..
%te. n 1
REPORT PROM SOLID WASTB ADVISORY COMMITTEE WITH RECOMMENDATION NOT TO
PLACK HAM~TORY TRASH COLLECTIOR ON THE NOVEMBER BALLOT - ACCEPTED
Mr. Tom Shi.ld., Vic. Chairman of the Solid Wast. Advi.ory Commit-
t.e, pr..ent.d the Co~~11.ioner. with a ~.morandum fro~ that Co~~itte.
.tating the Committe.·. r.commendation that the mandatory collection
item not be placed on the Novemb.r ballot and that the que.tion b.
d.ferred until .uch ti~e a5 the co~mitt.. can conlider it with a
great.r, more co~prehen.ive di.posal sYlt.m. .uch al a resource
r.covery .YQ~.m.
Co..t..'oner P'.tor .ov.d, ..cond.d by eo..t..'on.r Brown wtth a
vote of 2/1, Co..t..toner !tru.. out of the roo. and Co..t..'oner.
Holland and Vo.. oppo.ed, that the Board acc.pt the r.port of the Sol.d
Wa.t. Adv'.ory Co..lttee with the recom..ndatlon not to plac. the
aandatory tra.h collectton que.lion on the Nov..b.r ballot.
County Attorney Saunders said that a 2/2 vote ~ean. there i. no
action on this item.
Mr. Dorrill adviled the Board that. at this point. Staff has no
direction to prepare a resolution to place this item on the Nov~mber
ballot and that the Board should keep in mind the deadline that the
Supervi.or of Election has. in the event the item il to be placed on
the ballot later.
Vpon the r.turn of Co..t..'on.r Kru.e, Co......on.r Va.. .oved,
..cond.d by Co.....lon.r Hollcnd and carr'.d unanl.ou.ly, that the
Board recon.ld.r the 'te. on aandatory tra.h collection.
Co......on.r PI.tor .ov.d, .e~onded by Co..I...on.r Brown and
carr'.d 4/1, Co..I..'on.r Vo.. oppo.ed, that the Board acc.pt the
r.port of the SOl.d Wa.to Advl.ory Co..ltte. with the r.coa..n~atlon
not to plac. the aandatory tra.h coll.ctlon qu..tion on the Rov..ber
ballot.
Page 20
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IlESOWTIOlf 84-150 APPROVIMO 'l'BB ASSIG1IIMB1fT OF THB ZSC1tOW AOIlEDtDT BY'..'.:.~§,f
AJID III'I'WED WIQQI.. lAY ASSOCIATES, LTD., .APLES nDERAL SAVIIIOS AJß) ,:;.,tl· "
LOAK ASSOCIATI~ .Nr1) COLLlla COUJITY TO HARBOUJUJIDE AT WIOOIII. BAY YACH'1'<;'\Vi¡.
MO TZHlfI. CLUB, IIIC. - ADOP'I'IO ..':',:~ .~.
County Attorney Saunders referred to the Executivo SumD\ary ðat.d ,<j~
8/2/84. which explained the objective of this item to approve the '''¡¡\
auiqnment of the E.crow Agre.m.nt by and b.tw..n Wiqgin. Bay As.oci- "~;~';
I",
ates, Ltd., Naplel F.deral Saving. and Loan A.lociation and Collier :~:,
County to Harbour.ide at Wiggin. Bay Yacht and Tennis Club, Inc. He
.aid it wa. his opinion that the Board doe. not need to officially
approve this As.ignment, how.ver, the financing institute has r.que.ted
that the Board take this action. He recomm.nded that the Board approve
the re.olution authorizing the a.signm.nt of the Escrow Aqreement d..-
crib.d.
Co......on.r Pi.tor .ov.d, ..conded by Co......on.r Holland and
carr'.d 4/0; Co......on.r Kru.e out of the roo., that Re.olutlon 04-150
approv'ng the A..'gn..nt of the E.crow Agr..ment d.scribed above be
adoptod.
lOOK 082 p~~r 555
Page 21
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Augult 7, 1984
Ite. 119
USOLUTI01f 84-151 AOTHORIZI1fO CHAINWr TO EXECUTE A cotrrRAC'r WITH
SURVEY GROUP FOR DOIIIURUrO SERVICES FOR REHOVAL OF ASBESTOS FROM
VARIOUS COLLIER COUWTY OOVERNM~ C~ER BUILDINGS - ADOPTED
County Attorney Saunders laid that previou.ly Staff was authorized
to negotiate with various fir~s for engineering services that occur in
connection with the removal of asbestos from various County Govern~ent
Center buildings and the recommendation wa. that the Board hire South
Engineering to provide those servicel. He explained that Mr. Jerry
Spencer was the individual the County was relying on since he was
highly recommended by the United States Environmental Protection Agency
to aSlist the County in the removal project. Mr. Saunders said that
Mr. Spencer has left Southern Engineering and has joined the Survey
Oroup. He said Staff recommendl that the contract be awarded to Survey
Group in drder for the County to rely on the engineering expertiso of
Mr. Spencer.
Mr. George Keller spoke in opposition to paying additional money
for another survey regarding asbestos. Mr. Saunders said that the
earlier survey indicat.,d there was no great air pollution ~.·oblem, but
that there wal·an asbestos hazard in the various buildings. He .aid
this contract deals with the engineering servicel for the actual
re~oval of the asbestos in the buildings. He said Staff recommends
that the Board hire an engineering firm to aSlilt in the delign of the
specifications for the removal, to do on-.ite inspectionl during the
removal process to see that the contractor il performing properly and
to do air sampling during and after the removal process to make sure
all hazards are removed. Mr. Keller suggested that there mUlt be a
firm that knows how to do thft removal, has th(ir own experts and can
get the job done satisfactorily.
Commislioner Voss pointed out that a set of specificationl are
needed for items that are put out for bid., to which Mr. Keller agreed.
Commislioner Voss said that air samplinq while the removal i. taking
place is necessary to ensure safety.
Mr. Saunderl said that this is a technical problem that the County
has never dealt with before and because of the nature of the problem,
Staff contacted the EPA in Atlanta and dealt with the individuals there
who have been involved with the removal of asbestos in varioul build-
ingl throughout the southeastern region of the United States. He .aid
Page 22
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Augu.t 7, 19B4
It.. 120
ROtJ'I'XR BILLS - APPRO'{};;') FOR PAYHZHT
Vendor
BCC Payroll
the following chec~.
of routine bill.1
CHECK NOS.
114390 - 114740
B73 - 1719
were i..ued
pur.uant to Re.olution 81-150
through AugUlt 3, 1984, in pay~ent
CHECK DESCRIPTIOK
AMOUNT
$1,194,078.98
325,144.28
Ite. '21
BUDOET AMENDMENTS 84-583, 04-588, 84-592/594 84-596 - ADOPTED
Co......on.r P'.tor .oved, ..conded by Co......on.r Holland and
carr'ed unan'.eu.ly; that Budget ~.nd.ent. 04-503, 84-508, 84-592/594
and 84-596 be adopt.d.
Ite. '22
BODOET WORKSHOP SCHEDULED FOR AUOUST 14, 1984, AT 2130 P.M. TO COVER
WATER/SEWER DISTRICTS
Fi.cal Officer Gile. said that the current statu. of the budget is
that Staff have ~ade further revisions that the Board approved during
Budget Workshops and certified the propo.ed millage rates and taxes to
the Property Apprai.er. He .aid that the Water/Sewer Di.trict 'udget
remainl to be reviewed and he .ugge.ted that a work.hop be .cheduled
for thi. ite. following the regular Board meeting on Augu.t 14, 19B4.
Commi..ion.r VOl. pointed out that three people are goir.g to
addre.. the Board following next week'. Board meeting and he reque.ted
that the work.hop be scheduled following their presentation. It was
the conlen.u. of the Board that the Water/Sewer Diltrict ~udget Work-
.hop be .cheduled on Augu.t 14, 1984, at 2130 P.M., at the conclu.ton
of the DER pre.entation.
ae. '23
POLICY JUt MEMBERSHIP FOR CAPC MD IAPC TO BE AMDfDED IN ACCORDANCE WITH
STAT! LAW
Commi.lioner VOIS .tated that it i. the policy of the Board of
County Commillioner. if a member of the CAPC mi.... three meeting. that
per.on i. auto.atically removed from that Board. He r.ferred to a
letter received from Mr. ~arl Corley, CAPC Chairman, that .tate. Mr.
Richard Hahn had three unexcused absence. from the CAPC. He .aid that
.ince there il the previoully mentioned policy there il no alternative
but to fill Mr. Hahn'. po.ition with the a1ternat..
Page 24
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Com.unity Dev.lopm.nt Administra~or Virta stated that there wa. an
error in Mr. CorleY'1 letter because Mr. Hahn was in attendance at the
May 17, 1984 ma~ting which i. r.flected in the minutel.
Administrat ve Aide Underwood said that the laws that gov.rn the
CAPC and the IAPC are differ.nt fro. the Board policy regarding
.blances and she lugg..ted that the Commi.sioner. ~ay want to am.nd the
policy for th..e two com.ilsions becau.e they are governed by Chapter
67-1246 of the Laws of Florida, which are Special Acts. She explained
that nowhere in that chapter doe. it mention absences, however, it doe.
require a 4/Sths vote to remove a member from those commislions.
Co......on.r vo.. ~ved, ..conded by co..i.s'oner Pi.tor and
carried unanimously, that the policy regard'ng .e.bership for the CApe
and IAPC be a.ended in accordance w'th State Law.
R.lponding to Commi.lloner Krule, County Attorney Saunders said
that ~he State Law IpecificallY states that a 4/Sth. vote is required
to remove a member from the CAPC and the IAPC and there is an appeal
period for the member who is removed, adding he may request a public
h~aring and must do so within 30 days of the date on which the vote i.
taken. He laid that the Removal Section of the Special Act doe. not
upecify the type of reason for which a person may be removed.
Ite. '24
RESIGNATION OP aRUCE HENDRY FROM THE IMMO~EE A~ PLAN/fING COMMISSIOII
- ACCEPTED
Co..i.sioner Pistor moved, seconded by Com.i.sion.r HOll~~d and
carried unanimously, that the relignation of Bruce H.ndry fro. the
I.ackalee Ar.a Planning Co..I..ion be accepted.
It.. .25
COUNTY ATTORNEY DIRECTED TO DRArr AN ORDINANCE PROVIDING FOR A 72-HOUR
-CooLINO OFF- PERIOD FOR PURCHASE OF OUNS AND BRINO SAME TO A PUBLIC
HEARING
COm.il110ner Holland said that he il not in anyway encouraging a
ban on the lale of firearms, because he believes in every perlon having
a right to protect himself and family. He said that there have been
cale. in this area when a despondent person has purchaled a gun and in
l..s than two hour. time committed lulc1de. H. laid there have ~en
ca.es where people have purcha.ed a gun in a fit of anger and cau.ed
bodily harm, and although his recommendation 11 not a cure-all there
are Ii x or leven counties in Florida, presently, that have a 72-hour
-Coo11ng Off" period from the time a firearm i. purchaled until the
~ 082",573
Page 25
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August 7, 1984
per.on can ta~e po.....ion of that weapon. He .aid he was asked to put
this it.m on the agenda and that he cannot .ee where a per.on wanting a
gun for a legitimate rea.on would have any problem in waiting 72 hour..
Commi..ioner vo.. .tated that h. chec~.d with the Sh.riff'.
Department and there is ·'0 record of anyone buying a gun and then
rU.hing out and killing .omeon.. He said that if .omeone i. angry
enough to ~ill .oaeone that perlon will find a way. He .aid there are
adl in the new.paper all the time from p.ople who want to .ell gun. and
he .U99..ted there are so many law. on the boo~s, at the pre.ent time,
that the Board .hould not -clutter up- the eystem with lawl that do not
accompli.h a lot.
Commi.sioner Holland .aid he ~nows of two cases where the.e
occurrences happ~ned and that he has mixed emotionø regarding this
proposal. He laid this propolal would make it a little more incon-
venient for a derang.d perlon or someone in a fit of t.mper to be able
to purchase a gun. lie laid that he has talked with three own.rs of
.tore. that sell gun. and that he learned there is an influx of people
from Dade ~nd Broward Countiel who purchaae quite a number of gun. in
this area and this policy would .low down those tran.actions, which the
.tore owner. do not .eem to mind.
Co.....ioner Holland mov.d, .econded by Co..i..'oner Kru.e and
carried 3/2; Co......on.r. Brown and Vo.. opposed, that the County
Attorn.y be directed to dr.ft an ordinance providing for a 72-~ .·ur
"Cooling Off- per'od for purcha.e of gun. and to bring .a.e back to a
public hearing.
An unidentified member of the audience di.tributed a substitute
ordinance for this .ubject to the Commi..ioners.
Mr. Tom Melser.chmitt, local area Chairman of the American Pi.tol
and Rifle .....ociation, .poke again.t the proposed ordinance.
Tape '6
Itea '26
WILLIAM L. JONES, ALLEN FLETKE, PAUL D. JAC!tSOIf, I. It. WOLFORD, ItOBERT
O. TOWLE, JAMES 8. KUHLMAN, MARIO LAMENDOLA AND ALEX KIRICHAN
IUtAPPOINTED AND EDWARD C. MELONE APPOINTED TO CONTRACTORS' LICENSING
BOARD
Co..i..ioner Kru.e moved, .econded by Co..i..ion.r Pi.tor and
carried unanimou.ly, that W'll'.. L. Jon.., Allen Fletke, Paul D.
Jack.on; I. It. Wolford. Robert O. Towle, Ja.es B. Kuhl.an. Mario
Page 26
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La.endOla and Alex K'rk.an be r.appo'nted for on.-y.ar t.r.. and Edward
C. Kalon. be appolnt.d for a one-year ter., having .xp'rat'on dat.. of
Jun. 30~ 1';'~5~ on the Contractor.' L'c.n.'ng Board.
Ita. '27
DISCUSllIOIf OF OPAIR OF SEAWALLS 011 MARCO ISLAND SCHEDULED POll. 11.0008'1'
21, 1984 BOARD ME!TINO
Coaat..loner P'.tor .oved, .econd.d by Co..t..lon.r Holland and
carrl.d unanlaou.ly, that a d'.cu..'on regarding the n.c....ty of
..awall. on Marco I.land and thetr repatr be .ch.duled for Augu.t 21,
1904.
Ite. '29
PRESENTATION ON WATER POLLUTION SCHEDULED FOR AUOU(I'!' 14, 1904
~ommis.ioner VOl. said that the Board has had .ome diacuI.ion.
regarding the desirability of an ad valorem tax for water pollution
control and he atated that on August 14, 1984. at 1130 P.M. the
engineer from the DER in Tallahassee who originated the Palm Beach
Program for Water Pollution Control. and the Director and As.i.tant
Director of POllution Control in West Palm Reach will be pre.ent to
talk to the Board and the public about the purpole of their water
pOllution control operation. how it is staffed ar~ what it i. expected
to do. He urged everyone to be present. In response to Commi.sioner
~ruse. Commislioner VOSI laid that the noard has not officially voted
to place thil on the ballot and that item will come before t~ Board on
August 21.1984.
Ite. '29
RESOLUTIONS 04-152 AND 04-153 ACCEPTING STOCI( CERTIPICATE AND DEEDS OP
OIP'T AND TRANSFERRINO ASS!TS FROM THE RACQUET CLUB OF MARCO ISLAND TO
COLLIER COUNTY - ADOPTED, QUIT CLAIM DEED - ACCEPTED
Alliltant County Attorney Cuyler referred to the document in the
Agenda entitled Procedure. for Dislolving Corporationl and explained
that The Marco Island Racquet Club incorporated and was transferred to
the Board of County Commissioners as a corporate entity. He said it i.
necelsary to dissolve the corporate entity.
Co..i..toner I(ru.. .oved, .econded by Coaai..ioner Pi.tor and
carr'eð unani.ou.ly, that Re.olution 84-152 accepting .tock cert.f'cate
and Deed. of Gift for Th. Racquet Club of Marco I.land be adopted.
Coaai..toner Kru.e enterta'ned a .otion that the Co......on
aDOK 082 w,r 575
Page 27
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082 fA~r 576
Augult 7, 1984
Cha'r..n conv.ne the ...t'ng of the aoard of County Co......on.r. a.
.tockhold.r. of Th. Racqu.t Club of M.rco I.land and 't w.. the g.n.r.l
con..n.ue of the eoa.:..ion.re that thl. be don.. Chair~an Brown
conv.ned the Board of ~ounty Co~mis.ionerl a. .tockholder. of The
R.cqu.t Club of M.rco I.land.
Co..l..'on.r Pi.tor aoved, ..cond.d by Co.....lon.r ~rus. .nd
c.rr'.d unan'aou.ly~ that Co..l..'on.r Brown .nd Co..i.a'on.r Holland
be .l.ct.d .. the Board of D'r.ctor. of Th. Racqu.t Club of Marco
I.l.nd.
Co~mi..ioner Brown convened the ~eet1ng of the Board of Director.
of The Racquet Club of Marco Ialand.
Co..i..'oner Holl.nd aov.d, ..conded by Co.....ion.r Brown and
carr'.d 2/0~ that Co..i..ton.r Brown be .ppo'nted .. pre.'d.nt and
h....lf be appo'nt.d a. S.cr.tary of Th. Racqu.t Club of Marco I.land.
Co......on.r Holland aov.d, .econded by Co..i..loner Brown and
carr'.d 2/0, that the ....t. whtch ar. only the r.al ..tat. and the
p.r.on.l prop.rty that go .long with the prop.rty be tran.ferred to
Coll'er County.
Co..t..toner Krus. aov.d, ..conded by Co.~I..loner P'.tor .nd
c.rrl.d unanlaou.ly, that Resolution B4-153 authul'zlng the Board of
County Co..ls.'oner., acting a. .hareholder. and Board of Director. of
Th. Racqu.t Club of Marco I.l.nd, to tran.fer a...t. fro. Th. Racqu.t
Club of Marco I.l.nd to Coll'.r County be adopt.d.
Mr. Cuyler laid that this transfer will take place by a OUit Claim
Deed and a Bill of Sale that will be .ubstantially in the form a. tho.e
in the agenda par.ket.
Commi..ioner Brown adjourned the meeting a. Board of Director..
Com~i.lioner Drown adjourned the meeting of the .tockholder. of The
Racquet Club of Marco I.land.
Co.....ton.r Holland aov.d, .econded by Co..t..'on.r PI.tor and
c.rr'.d un.nlaou.ly, that the author'z.t'on to f'l. the paper work for
the d'..olution of the corporat'on .nd .uthor'c.t'on for .ny payment.
n.c....ry be approved.
pao;te 2A
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**~. folloW'n9 'te.. w.r. approved and/or adopted und.r the
COn.ent Ag.nda by .etion of Co_.....on.r I(ruI., ..conded by
CO_....on.r Holland and carr"ed unan".euIly.***
It.. '30
PROGRAM SERVICB AOJU:tHDT WITH CENTRO CAMPESINO TO IMPLEMENT WEATHERI-
ZATION CONTRACT 'B4WX-61-09-21-00B
S.. Pages ..59(, ...to3
It..,n
RESOLUTION 84-154 RE PET. SNR-B4-11C, ItATHLEEK REED, FOR KAM LUCK
DRIVE, WHICH LIES NORTH OF ALLIGATOR ALLEY INTERSECTINO IT SIX MILES
EAST OF S.R. 951
See Pages
roof
It.. 132
PETITION ':'R-84-15-C, PATTI A. HYLANDS, RE TEMPORARY JU:SIDENCB PERMIT 'rO
UTILIZB A MOBILE HOM! DURINO CONSTRUCTION OF A PRINCIPLB JU:SIDENCE 011
TRACT 56, UNIT IB, GOLDEN GATE ESTATES
Ite. .33
PURCHASE OF COMPUTER AND SOI"'MfARE FOR CALCULATION OF LAND SURVEYS FOR
ENOIWEERINO DEPT.
It.. '34
RESOLUTION 84-155 CALLINO FOR JU:FEREHDUM ELECTION TO BE HELD NOVEMBER
6; 1904 IN GOODLAND STJU:ET LIGHTING MUNICIPAL SERVICE TAXINO UNIT,
APPROVAL OF ADVERTISEMENT OF ORDINANCE CREATING SAME
See Pages (¿;,O-.5- - ~00
It.. .35
MODIFICATION OF EXCAVATION PERMIT NO. 59-193, LAXrvIZW OARDENS, SECTION
23. T40S, R25E
Ite. '36
MODIFICATION OF EXCAVATION PERMIT Nð. 59-149, IMPERIAL WILDERNESS
RECREATIONAL VEHICLE PARK, SECTION l2, T51S, R26!
&OO~ 082 F)',! 591
Page 29
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Ite. 143
HISC~UI COn~SPONDENCB - FILED AlfD/OR RE~
There being no objection, the Chair directed the following corre.-
pondence to be filed and/or referred to the various department. ..
indicatedl
1. Letter dated 7/13/94, from Mr. Ron Freeman, Branch Manager,
AT'T, tranomitting Modification. to Service/Purchase
^qreement Contract No. ^00554213. XCI Mr. Luok and Mr.
Thiele. Filed.
2. Copies of Propoaed Budgets - 1984/95.
A. North Naple. Fire Control District
B. Marco I.land Fire Control Diltrict
C. Eaat Naple. Fire Control Diltrict
3. Letter dated 7/9/84, from Edna M. Michaelaen, Fi.cal
Speciali.t, Office of the Public Defender. regarding 1983/84
Allocationa in Conflict Ca.e.. XCI Mr. Reagan. Filed.
4. Copy of letter dated 7/17/84, from Lðwrenc~ R. Hawkin.,
Chairman. Florida Houae of Representative.. requesting
statiatical and fiacal data concerning employee. who are
memberl of National Guard or re.erve unit.. XCI Mr. Lusk
anù Peraonnel Dept. Filed.
5. Copy of letter dated 7/25/84. from John F. Adamo. Chief,
Regulatory Divilion, Dept. of ^rmy, enclo.ing pprmit and
Notice of Authorization for work on Kelly Road Bridge. XCI
Mr. Lu.k and Mr. Archibald. Filed.
6. Letter dated 7/3/84. from Richard E. Ronner, Acting Chief,
Planning Div., Dept. of Army, re .tudy of fea.ibility of
dredging Eaat Marco Bay, Marco I.land, plps copy of Corps of
Engineer.' Program for Conltruction of Navigation projectl
under authority of Sec. 107 of the 1960 River and "arbor Act.
XCI Mr.Lulk. Filed.
7. Departlllental Reportll Filed.
^. Animal Control. June. 1984
D. Library System StatiaticI. June. 1984
8. Notice dated 7/16/84, from DER encloling application for
permit No. 110880325 from Everglade. City Club., Ltd. XCI
Dr. Benedict. Filed.
9. Memorandum dated 7/23/84. from David W. York;-Acting Chief,
Bureau of Waatewater Managemento and Grant., DER, re con-
Itruction grant I program priority system for wastewater
treatment work., plus copy of rule hearing draft, and variou.
papers. XCI Mr. Dorrlll. Filed.
10. Copy of letter dated 7/16/94, from W. R. Howard, Secretary,
Devil'l Garden Water Control Di.t., to Property ^pprai.er
'OOK 082 W'¡ 593
Page 31
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,oo~ 082p~r,~5Mlding adviling of tax rate for 1984.
~U9U.t 7, 1984
Filed.
11. DNR Relource ~lert Action Referral, Case No. 00775, pOllible
deltroying o! mangrove.. XCI Dr. Benedict. Filed.
12. DNR Notice re~eived 7/17/84, of application fro. Harco Bay
AI.ociatel for .ub~erged land lea.e. XCI Mr. Virta. Filed.
13. Copy o~·letter dated 6/13/84, fro. Elton J. Gillendanner,
Exec. Dir., DNR, to John R. McCord, City of Naple. Engineer,
re approval of ti~e exten.ion, permit file no. CO-46, plus
copy of letter dated 6/20/84 fro. Carlo. R. Carrero, Engi-
neer, Bureau of Coa.tal Engineering and Regulation, to Steven
F. DelleCave, Greentree & ^.Iociate., re adminiltrative
approval of Permt No. ~ CO-92. XCI Dr. Benedict. Filed.
14. Copy of certified letter dated 7/10/84, fro. Elton J.
Gis.endanner, Exec. Dir., DNR, to Rubhar Enterpri.el, Inc.,
(The Man.ion.) notifying of per.it violation, Permit File No.
CO-26(M). XCI Dr. Benedict. Filed.
15. Co~y of letter dated 7/9/84, from Verlon E. Shannon, Chief,
As.isted Hou.ing Management Btanch, HUD. encloling approved
copy of Form 52673. Eltimate ~f Total Required Annual Contri-
~utions. XCI Mr. Virta and Ms. William.on. Filed.
,.
16. Copy of letter dated 7/11/84. from Verlon E. Shannon, Chief,
^.si.ted Houling Management Branch. HUD, onclo.ing copy of
approved form HUD-52663. Requisition for Parti~l Payment of
^nnual Contributions for quarter ending 9/30/84. XCI M..
Willi~mson. Filed.
17. Copies of Minutesl Filed.
A. Park.' Rec. Advi.ory Board, 6/22 and aqenda for 7/27/84.
B. Emergency Medical Services Advisory Council, 7/9/84.
C. CAPC, 7/5 and agenda for 7/19/84.
D. City of Naple., 6/20/R4.
18. Copy of letter dated 7/17/84, from Jame. M. Blu~e, Group
Director, U.S. General Accounting Office, encl~sing queltion-
naire about MPO staffing and activities. XCI Mr. Perry.
Filed.
19. Copy of M.morandum dated 7/20/84, from Marion Hart, Jr.,
Staff Director, coordinating Council on Tran.portation
Di.advantaged, notifying,of monthly meeting agenda. XCI Mr.
Perry. Filed.
20. Letter dated 7/13/84, from Attorney General Ji~ Smith re
respon.e to questionl concerning i.suance of occupational
licen.... XCI Mr. Saunders. Filed.
21. Letter dated 7/25/84, from Attorney Ronald C. Hogue requ.st-
ing resub.islion of previouslY filed Petition V-84-9C, Touch
of Europe. XCI Ms. Ober. Filed.
22. Letter dated 7/20/84 from Donald T. Jonel, reque.ting infor-
mation on Impact Fee Ordinance. XCI Mr. LUlk. Filed.
Page 32
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23. Letter dated 7!13!04, fro~ Ouy L. Carlton, Tax Collector,
advisinq that $261.00 of postage was u.ed for firlt Notice of
In.tall~ent Tax Notice.. xc, Mr. Giles. Filed.
24. Copy of l~tter frOM Denni. B. Jordan, Field Supervi.or,
Endangereo Specie. Field Office, U. s. Dept. of the Interior,
enclodng ",py of their proposal printed in the Federal·
Reqi.ter to recla.sify the A~erican alligator to category of
threatened. XCI Dr. Benedict. Filed.
*
*
*
*
There being no further busin.ls, the meeting wa. adjourned by
Order of the Chair - Ti~el 12,06 P.M.
BOARD OF COUNTY COMMISSIONERS!
BO^RD OF ZONING APPF,^LS!EX
OFFICIO GOVERNING nOARD(S) OF
SPECIAL DISTRICTS UNDER ITS
CONTROL
C!vI~~~ ~-
ATTEST I
WILLI~~ J. REAGAN, CLERK
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_ e..',lIinut... approved
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