BCC Minutes 10/04/1983 R
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Naplos, Florida, October ~, 1983
LET IT BE REMEMBERED, that the Board of Cou~ty Commissioners in
Jnd for the County of Collier, and lIlso acting ð9 the Bo",rd of Zoning
Appcðls ðnd as the governing board(s) of such spcciðldl~tricts as have
':.1' ~.>
)een created dccording to law and having conducted b~~!~~s h~rn{n: mat
on this date at 9:00 ^.M. in Regular Session in Building "F" of the
Courthouse Complex, East Naples, Floridð, with the following members
, .
present:
VICE-CHAIRMAN: David C. 'Brown
John A. Plster
Frederick J. Voss
c. C. ~AQaN Holland
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Absen t :
Mary-Frances Krùse,
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ALSO PRESENT:
WillIam J. Reagan, Clerk, JDme3 C. Clles, Fi3cal
Officer; t'lðureen Kenyon, Deputy Clerki Billy Beckett, Asslsta,nt ~o~u.nty
Man~gcr; Burt L. Sùunders, County Attorney; Terry Vlrta, Community
"
D,;:vclopment Administr.Jtor; ,\nn Ober, Planner; Lee Laynè,' Plans
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Implcmcnt~tion Director; Irving Berzon, Utilities Administrator; Chris
Holley, Administrative AssistÐnt to the County Manager; Rnute Hartman,
· ~:.:.
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Public horks Administrator; Henry HIll, ^dministr~tor of Administrative
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Services; Mike Kloehn, Planning DIrector; and Deputy ChicL nay Barnett,
Shuriff's Depùrtmcnt.
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a. Addition of Item 9Al - temporary mobIle home to be used (IS
busIness
b. ^ddition of Item 9 E: 1 - .1T P^ funding progrllm
c. Addition uf Itcr.l 9F4 - storDgc of voting machines
d. Add i t.:ion of Item 1 !)B - prcsentation by Herb Lun t z rcgÐrding SW
;" Flondù Vcteròn's lIozpitðl
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.~ e. ContInuance of; Item GBl - P4.! tit ion R-83-17C to 10/10/83
~it!
t f. Continuance of Item 9Bl - EXCDvation Permit No. 59.172 to
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,1 10/18/83
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~í~ g. M:dition of It~ni 12C - DiscussIon of Utilities De pt.
'". Addition of 12D Discussion of redistricting
.~; " h. Item -
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i . Addition of Item 12E - Discussion of Pcrsonnel matter
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October 4, 1983
600K' 078 PAGE OS
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TApe U
Item 'I
^GF.NO^ - APPROVED WITH ÇH~~GES
Commissioner Pistor moved, seconded by Çommissioner Voss and
carried unanimously, that the agenda be approved ~lth the following
changes:
Item '2
MINUTES aF 9/13/03 AND 9/20/83 REGULAR AND 9/13/83 BUDGET - APPROVED
CommissIoner pistor moved, soconded by Commissioner Holland and
carried unanimously, that the minutes of Septembor 13, 1983, and
September 20, 1983, regular meetings and September 13, 1983, budget
meeting be approved.
Item '3
PROCLAMATION DESIGNATING OCTCBER~ 1983, AS ·WHEtLS FOR LIFE DAY·
Commissionerholland read tho proclamation for Wheels for Life
Day. Commissioner Pisto~ moved, 3econded by Commissioner Holland and
carried unanimously that the proclamation designating October 8, 1983,
as ·Wheels for Lifo Day· be adopted.
Page 2
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BOOK 078 PACE œ
October 4, 1983
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Item "'4
CECILIA MARTIN RECOGNIZED AS EMPLO~E~ OF THE MONTH FOR OCTOBER, 1983
'.'"
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Commissioner Brown preoented Cocilia Martin with a plaque and reðd
~~
a presentation Indicating the fine job sho has done for the County.
Ita" IS
PROCLAMATION DESIGNATING OCTOBER 2-8, 1983, AS NATIONAL 4-" WEEK
Commissioner Pistor reÐd and presented tho proclamation
designõting the wack of October 2-8, 1983, as NatIonal 4-H ~eck to two
repreaentùtlves of the 4-H.
Commissioner Holland moved, soconded by Commissioner pistor and
carried unanimously, that the proclamation be adopted.
Page 3
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;BÔOK 078 PAGE 10
Octobcr 4, 1983
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Iteœ '6
PROCL~M~TION DESIGN~TING OCTOBER 7-9, 1983, AS COLUMBUS DAY WEER END
"
COffiwlôôlonar VC~~ r~ðd ~nð preaented the proclamation to a
representative of the Naples Italian American Club, Inc. and moved for
its ado~tion, seconded by Commissioner Pistor and carried unanimously,
that Octobcr 7-9, 1983, be designated as Columbus Day Weekend.
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PaÇJ e 4
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BOOK fflB PACE 12.
Octobe r 11, 1903
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Ite. 17
PETITION R-B3-17C, COLLIER ENTERPRISES AND EXCAVATION PEnMIT NO. 59.172
CONTINUED TO 10/18/83 ~
Commissioner Pistor moved, soconded by Commissioner Holland and
cðrried unanimouslYr that Petition R-B3-l7C, Collier Enterprises and
Excavation Permit No. 59.172 be continued to October lB, 1983.
Ite.. . 8
n~ZOLUTIOU 83-l74 RE PET. AV-83-024,ASRLEY FINANCIAL CORP. REQUESTING
VACATION OF THE 61 SIDE EASEMENTS ON LOTS 7 , 8, BLOCK 23, GOLDEN GATE
CITY, UNIT 2 - ADOPTED
Legðl notice having been publIshed in the Naples Daily News on
September 18 and 25, 1983, as evidenced by Affidavit of Publication
filed with the Clerk, public heÐring was opened to consider Petition
AV-83-024 filed by Ashley Financial Corporation rcquesting a vacation
of the 61 side easements on Lots 7 ûnd a, Block 23, Golden Gate City,
Unit 2, so that petitloncr may build Dcross Ðnd up to interior side lot
11 ne s.
Th~re 'being no discussion on the matter, Commissioner Voss moved,
seconded by Com~issioner Holland and carried unanimously, that the
public hearing be closed.
Commissioner Voss moved, seconded by Commissioner Pistoc and
carried unanimously, that Rosolution 83-174 re Petition AV-83-024, be
. adopted.
Page 5
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October 4,1983
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BOOK ~~ PAGE jl~
Item 19
RESOLUTION 83-175 RE PETITION AV-83-023, WINFRIED P. AND JOAN E.
SAUTER, RE VACATION OF BISECTING EASEMENT OU TRACT 91, UNIT 195, GOLDEN
GATE ESTATES - ADOPTED STAFF DIRECTED TO LOOK INTO VACATING ALL
BISECTING EASEMENTS AT ONE TIME IN GOLDEN GATE ESTATES
Legal notice having been publisned in the N8µlc~ D~11y News on
Septembcr 18 and 25, 1933, ~s cvidenced by Affidavit of Publication
filed with the Clerk, public hearing was opened to consider PetitIon
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AV-83-023, filcd by Winfried P. and Joan t. Sauter, rcquesting the
vacation of the Dixty foot bisecting easement located on the wdst~rly
sixty feet of the easterly thrce hundred sixty feet of Tract 91, Unit
195, Golden Gate Estates, to ðllow an addition to ~ home.
There being no discussion, Commissioner Voss moved, seconded by
CommissIoner PIstor Dnd carried unanimously, that the public hearing be
closed.
COln.Qissioner Pistor moved, seconded by Commissioner\Voss and
carried unanimously, that Resolution 83-175 re Pet. AV-83-023, be
adopted.
Commissioner Pistor questioned If all these bisccting easements
could b~ taken cûrc of at one time, to which County Attorney Saunders
stated that as long as all statutory requirements wore met, all
casements could be hllndlad at one time.
Commisoioner Brown dirocted Staff to look into the matter of
having all bIsecting ease~~nts in Golden Gate Estates vacated at one
time.
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BOOK 018 PACE 16
Octobcr 4, 1983
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Item 110
RESOLUTION 83-176 RE PET. FDPO-SJ-V-5, ROSANNA LOACH REQUESTING A
VARIANCE FROM THE MINIMUM BASE FLOOD ELEVATION FOR PROPERTY DESCRIBED
AS 401 CAPRI BLVD. - ADOPTED
leg~l notice having been published 1n the NAplp~ n^i1y Npw~ on
September Iß, 1903, DS evidenced by Affidavit of Publication filed with
the CIDrk, public hearIng was opened to consider Petition FDPO-83-V-5
filed by R05~nna Loach requesting a 3.51 variance from the minImum base
flood elevatIon requircd by the Flood Damage Prcvention Ordinance on
property dcscribed as 401 Cë:pri Blvd. (Lot 593, Unit 3, Islc of Capri
SlJbd1vision) .
Mike ~loehn, Planning Director, stated that thc petitioner is
seeking a variance of 3.51 from the Flood Ordinance requirem~nt of 11',
adding that the Engineet IS report indicated that this reduction would
make the structure comparable with the surrounding property elev~tions.
He not~d that at the time of application, howover, construction had
already begun at ~n elevation In compliance with the Ordinance. He
noted th~t, if granted the v¿Hlance, the petItioner would remove part
of the completed structure, adding that, therefore, Staff recommends
that since the petitioner has procceded to datc in compliance with the
Ordinance that the variance be denied.
Mr. Tucker, representing the petitioner, stated that thIs request
is to build ð stðndard 3 bedroom, 2 bath CBS house which i& typical for
thE: Isle of Capri, 6dding that the P1iinnlng Deportment indicattots that
because the petitIoner ha:; already stllrted to comply with the
Ordinance, this is thulr sole rucommendÐtion that they continue to
comply wIth the Ordinðnce. lie noted that. this is not reasonable ~nd
there are problcms that arc unique to this particular lot. He
prcsented to the Board two pictu¡es of ð houae with ð normal swal~. r.,
PðC,Je 7
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October 4, 1903
notad that the petitioner has a seawall to comply with in that the
petitioner 1s constrained by tho new code which reryulrcs that 011
on-site storm drðinðg~ be percolated into the ground. He st~t~d th~t
:;~ t'
by doIng this, the petitIoner winds up with ~n indi~n mound contour in
the front and about 600 cubIc feet of trench élround the outside of the
house to catch the runoff for storm drainage purposc~. He noted that
this ia onQ of the last waterfront lots on the Isle of Capri which hQG
,.,lIter on two tSld~1i. Hu r~port~J t.heH the potltiorlor'a husbðnd is
11and1cappcd and there is a ncad for a handicap ramp which means with
the current constraints, there would have to bo 72 feet of handicap
rr1rnp which looks extremely obviouf:I. lie stc'lted if the Plilnning
Department's only obj~ction is that the construction has already
f:ltarted, this Is not a valid reason. He concluded by statIng that his
putitioncr is ðGking thðt the variance be granted.
Commissioncr Voss questioned how much construction had been done,
to which Plðnning Director Kloehn stated thdt the stem wall is
constructed ~nd thera ha5 h~pn a good amount of fill brought in.
Mr. Tucker 5tatad thnt there is a stem wall blocked up and if the
varl..3nce is granted, ð ,floating slab '-iould sir.\ply be pour(!ù Bnd there
is still a nc~ù [or 5-1/2' of fill throughout the untirc house.
Commissioner Pistor ùGkuù why the ramp hn9 to be so long7 Mr.
Tucker stateù thðt the rðmp would go from the front door to the
drivcWdY. He noted that he is aware that the insurance will rIse duo
to the gr8ntin~ of the vðriance.
Tape 12
Community Development Administrator Virtù stated that ùs fùr ðß
the qov~rnment is concerned, as long as tho Hoard is judicious In their
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6DIJ: me fACE 18
October 4, 1983
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reviow Ðnd granting of these varl~nces, thuro øhould bo no problem with
F EM.I\ .
Commissioner Holland moved, Becond~d by Commissioner pistor and
carried unanimously, that the public hearing bo closed.
Commissionor H~lland movod, se~nded by Commissioner Piator ðnd
carried unanimously, that Resolution 83-176 re petition FDPO-83-V-S by
Rosanna Loach be ðdopted.
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Octobor 4, 19ß3
Item III
STAFF DIRECTED TO ISSUE A TEMPORARY PERMIT FOR 6 WEEKS FOR A MOBILE
HOME TO BE USED AS ^N OFFICE FOR -THE SHIPPING ST^TION- DUE TO ^ FIRE
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!~Fl~m~nt~tion Dirp.ctor Layne statod that early Monday
'-'I
morning there w~s ~ fire that completely destroyed th~ building of "The
Shipping Station" and thoy drc asking for a temporary permit to use a
mobile homo as an office.
Commissioner pistor moved, seconded by Commissioner Holland and
cdrrled unanimously, that Staff be directed to issue a temporary parmit
for 6 weeks for a mobile home to be used as an office for -The Shipping ,
Station" due to a fire.
Item 112
ENGINEER IV POSITION IN TRANSPORTATION DEPT. EXEMPT FROM HIRING FREEZE
Public Works Administrator Hùrtman stated that this position has
been filled by an Engineer III for the last year, adding that the,
Lngin~cr III has now left the County and there is ð need to fill this
position.
Commi~sioner Holland stat~d that the County should wait to sc~
what the financial position of the County Is going to be beforc ~nyone
else is hired.
Public ¡"'orks Administrator Hartman stated that this position is
fundeè by the Gas Tax fund and that monoy can only be used for roads or
posItIons to do with roads. He reported that without the position
fill~d, therc would be a delay in rcview of designs, contracts, bids,
and specifications.
.:.
Commissioner Voss moved, seconded by Commissioner pistor and
carried unanimously, th~t the Engineer IV position for the Transporta-
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tion Department, be filled and exempt from the hiring freeze.
It cm 11 J
Max frlB ¡A~ 2:1
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October 4, 1983
'BÒOX 078 PAGE 22
TWO VACANT CUSTODIAL POSITIONS IN BUILDING MAINTENANCE TO BE FILLED,
ONE ^T GOVERNMENT COMPLEX AND ONE AT NAPLES LIBRARY
Administrator of Administrative Service~ Hill stated that three
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posit1~ns ðrü'ncCcsQary to maintain the proper level of maintenÐnce for
the Guvetnmt:t'll Cúfi,ple;.: ~nd the ~!~pl~s LibrAry.
^ft~r ð short dIscusnion, Commissioncr Voss indicated that instead
of hiring two custodial people for the Government Complex, one could be
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hired instead and ana hired for the Naples LIbrary. He stated that he.
felt thDt the other position for the Govcrnment Complex could be left
v~cðnt at thIs time.
Commissioner Voss moved, seconded by Commissioner Pistor and
carried unðnil'í,ously, that two vacant custodial positions in Building
Maintenance be filled; one at the Covernment Complex and one at the
Nðples Library.
Item 114
CHAIRMAN ^UTHORIZED TO SICN NECESSARY PAPERS FOR JTPA GRANT FUNDING
~ommis8ioner pistor moved, seconded by Commissioner Holland and
carried unanimously, that the Chairman be authorized to sign the
necessary papers for the JTPA grant funding, as requested by Public
Services Administrator Norton.
Page 11
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October 4, 1983
Itell US
STAFF TO PROCEED WITH DEVELOPMENT OF COLLIER COUNTY GIFT GIVING GUIDE
WITHOUT EXPENDITURE MONEY, RETURN TO BCC WITH FINAL DESIGN
^dministr~tive Assistant Holley staten thDt this item is a report
and rc~ommendðtion pertaining to the Collier County Gift Giving Guide,
addin~ that approxImately 8 months ago Staff was asked to research the
feðslbility of Collier County developing ~ co~munIty gift giving guide
to hclµ supplement some of the short[Dlls that tho County is having in
revenue for cÐpit~1 outlay ite~s. He noted that the "wish list- has
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been doveloped. lie reported thðt the ExecutIve Summary idcnti fles the
procedures that would be appropriate to follow in the development of
this guide. lie etuted th.:Jt he is requesting th.3t Staff be allowed to
proceed with trying to obtain design servIces from the community and to
come back to the BCC with a design.
Commission~r pIstor stated thnt this county has been known for
being generous to many people, adding that It should be recognIzed that
every socIal activity around the County is In contInual need of morc
money.
COr:1mi:3sioncr Vo~s sti1tcd thcJt he thInks It is a worthwhIle effort
and ncedH publicIty.
CommI:,wIoncr liollili1d stated thLJt 5t. I\nnt!i facIlity has tðken c.:lre
of more p~ople thbn a lot of others and they are In dire need of
ðssIstdnc~, addIng that the County Is looking ðt ð lot of trimmIngs
that thl:Y would lIke to have, but the hum.1n nceds should take priorIty.
Ad~ini6trntIv~ AssIstant Holley ntatod that there could be a limit
1n the cdtûlog and alsa th~rc i5 a plan for requesting volunteer
servIces wIthin th~ cûtalog whIch might eliminate some or the problems
, '.'
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of tho human needs. He notcd that as fDr ~s advortislng and
publIcation, he is hopin~ to socure contributions for th~ design Ðnd
íðÖO~ ilrT8 ~ Zl
Pa90 12
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the productIon of the document. Ho stated thùt"'other brochures of this
type ~ðve cost around $.50 ~ðch for design and producti~n.
Commissioner Voss moved, seconded 'by Commissioner pistor and
carried unanimously, that Staff be authorized to proceed with the
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development of ð Collier County Gift Giving Guide, withoul expênðl~~r=
~oney at this time, and to return to the BCC with ð final design prior
t.o distribution.
Item 116
CIIAIRMAN AUTHORIZED TO SIGN STATE BUDGETARY FORMS RE~~TIVE TO THE
COLLIER COUNTY HEALTH UNIT BUDGET F'i 83-84
Assistant County Mùncger Beck~tt stated that this matter involves
approval of certain budgetðry (orms related to th~ operation of the
Health Department. He noted that the Bce previously approvcJ a budget
predicated on the County's fiscnl YCÐr, adding that because the State
has a diffcr~nt fisCdl yeðr some adjustments are necessary to make thp.
fundS compðtible. He stated that there is no change in the ðmount of
local funds previously approved, adding that there is a dIfference in
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the totAl bud~etðry amount Ðpprovcd whi~h results from some lower
salaries within the p~rsonnul and insurance adjustments.
Ms. Margarct Hosier, Health Department, st~ted that this Is only a
bookkeeping formðt, adding that she needs those forms signed by th~
Chairman in order to prcscn~ it to HRS.
CommissIoner Holland moved, seconded by Commissioner pistor and
cðrried unanimously, that the Chairman be authorized to sign the state
budgetary forms relative to the Collier County Health Unit Ðu~get FY
83-84.
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October 4, 1983
Item 117
$3,816.13 TO DE APPROPRIATED IN CONTINGENCY FUNDS TO DAVID LAWRENC~
MENTAL HEALTH CLINIC FOR UTILITY COMPLETIONS ON COUNTY-OWNED PROPERTY
'I
iUi::>ibLul\t CuunLY j·L¿¡lìôgui: Cùcr.ctt stJted that thir. request is
concerning tho relocation of two modlllar office units on property owned
by the County. He noted that both the ColliQr County' Health Sorvices,
Inc. and the David Lawrcnc~ Mental Health Clinic propose to install
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mOGul~r office units on site and, because of the relationship between
the two a~encies, it mak~s sense to place the modular units on-site at
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CIIS. He stated that neither agcncy has funds avaIlable in their
operating budgets to in~tall utilities to the modulnr units, adding
thðt he is requesting that th~ County provide $3,816.13 and appropriate
the fund~ to CHS or the Mental Health Budget for the purpose of
installing the necessary utilities. He noted that the agency returned
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around S8,OOO to the General Fund last year as a result of unexpended
I,:'
funds for maintenance of the grounds.
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Tape a 3
Mr. non Meserve, Director of the Mental Hcalth Cent~r, stated that
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the tot~l co~t of the acquisition, the hooking up, and the laasing o(
the facilities, will b-e born~ by the Mentalllei1lth Center for the
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modular unit that they will utIlize and the modular unIt utilized by
C 11:; . II e not e d t h ¿¡ t the rei s n 0 con tin u i n gob 1i gat ion tot h e Co un t y ,
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adding that this is ¿¡ onu time ~xpense to extend the wDtcr, sewer, and
elcctric hookup from the current line thZlt runs through into CHS to the
location where the modular unIts would be set up.
Commissioner Holland moved, seconded by Commissioner pistor and
carried unanimously, that $3,816.13 be appropriated in contingency
funds to the b~dget of the bavid Lawrence Menael Health Clinic ~or
utility completions on county-owned property.
BOO( 078 PACE æ
PlICJe 14
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October 4, ,1983
'BOOK fJ18 PA~ ~
Itea t18
STAFF DIRECTED TO OBTAIN SPACE FOR STORAGE OF VOTING MACHINES
"
Assistant County M~nðger Beckett stated that this Item conccrns
to ì It: b L ú r ë g.: 0 f v 0 t1:19 :::~:; h ! n ': :::; end f t i ß ð 1 so ð r e que s t for fur the r
guidance. He noted that all the voting machines are l:itorcd at the
County Ba rn, addIng tha t there is going to be 150 new machincs that
·will havo to be stored at the County Barn also. He stated that there
is a problem regardIng space, notIng that this voting equIpment is
especially important. He stated that the facilities tire not adequate
and there is always the potential of damage to the machines. He stated
that thIs equipment needs to be protected and he has three
ðlternatlves; (1) the property sectIon hðS boen asked to advise him of
any surplus property üVùilablc on-sIte, (2) leðsing of 900 sq. ft. of
SpÐCC within the areù for ùpproximately $500 per mont/!, bnd (3) storage
of machines by rental of ð semi-trailer for $40 per month.
Commissioner Pistor questioned if it is required to keep ,the
voting machines in an air conditioned space, to whIch Supervisor of
Elections Morgan stdted that they need to be in temperatures that range
between 5S and 90 degrees. She stated thtlt shu is concerned about t.he
lack of fire protectIon where they arc as there is ð lot of papcr
records also. She stated that she would prefer <In area near the
courthouse as soon as possIble.
Commissioner Voss stated that the total value of the voting
m~chine3 is ùround $200,000 3nd where they are stored Is a firc trap
nnd it should be taken care of as soon as' possible. He noted that the
old voting recorda can be stored any place.
ComQlssioner Voss moved, seconded by Commissioner pistor and
carcled unanimously, that Staff be directed to move post-haste in
Page l5
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October 4, 1983
obtaining space for storage of the voting machines and to contact
v~nd~rR if space has to be leased, if necessary.
Itom 119
STAFF AUTHORIZED TO PERMIT NEW CONNECTIONS TO NORTH NAPLES SEWER PLANT
AS LONG DER OPERATING REQUIREMENTS ARE MET
Utilities ^ùministrator Berzon stated thøt thiG item is a status
report and reco~mendDtion on how to proceed with Dny new connections to
Sewer Service Area "A~. He stated that the ponds have been completed
and the paperwork for ccrtifyin~ those ponds for being placed in
scrvice is being cOlnpleted thia .....eek ¿snd a portion of the ponds are
already in service and ùppear to be functioning. lie stated that the
DER Is cautioning vcry strongly thüt beforc the County høs provon the
effectiveness of these ponds, that cdution should be taken before
allowing any additions to the syste~. He stated that It Is his opinion
that the existing plant of 1-1/2 million gallons a day will be lIblo to
hë1ndle the troatml!nt until the middle or ~nd of April. lie stated that
IC tn~ County Ghou1rl run into a violation, the UER will contact the
County, adding that however, if the DER sees that the County is in the
process of expanding the facilitic~ they would probably bo cooperatIve.
He stated that hc is r~commondin9 that authorization bc grantcd for new
connections that come lIP, unless there happens to be failures of the
existing plc:mt.
Commissioner Voss moved, seconded by Commissioner Pistor and
carried unanimously, that Staff be authorized to permit new
connections, with caution, to the North Naples Sewer plant as long as
the tre~tment capabilitios and percolation capacities of the enlarged
pond system continue to meet the DER operating requiroments.
f>t)~ 078 ϣ 35
Page 16
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BOOK 078 PACE 36
October 4, 1983
Ite..·.20
BID '680 WATER METERS FOR COUNTY WATER DIV.~ AWARDED TO ~ARIOUS VENDORS
"
Utilities Administrator Berton stated that he is recommending that
the various vendors be awarded contracts for furnishing water meters
for the County Watcr Division for Fiscal Year 19~3-84.
Commissioner Pistor moved, seconded by Commissioner Holland and
carried unanimously, thal Bid '680 for water metors for the County
Water Division for Fiscal Year 1983-84, be awarded to the various
vendors as indicated in the Executive Summary dated 10/4/83.
Item '21
AGREEMENT BETWEEN DELTONA UTILITIES, PAOLI ASSOCIATES, INC. (BAVARIAN
HOUSE) AND MARCO WATER & SEWER DISTRICT TO PROVIDE SEWER SERVICES -
APPROVED
Utilitie~ Administrator Bcrzon stated that this agreement is on
behalf of the Developer of the Bavariðn House which wIll be on Marco
Island, He stated that it is their need for sewage tr~atment
fllcilitles that has brollght about thIs type of agreement. He stated
that this need came about as Ð result of the State change in
requlr~~cnts of septic tanks. He noted that orIginally when the
property was purchased, they thought a 60 seat restaurant could be
built on the property with adequate facilitIes w~th a septic tank. He
reported that with the new law, the restaurant would only be able to
have 20 seats, lidding that a restaurant would not bo worthwhile with
only 20 seats. He noted that the developer approached the County and
the County approached Deltona with regards to serving the District. He
noted that a$ ð bulk user, the County would be supplying the servI~è to
the Bavarié1n lIoustJ and in turn would bo contrActing with Deltona for
treating the sewage. He concluded by stating that he is requesting
that the ðgreement oe authorized.
Pðg c 17
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October 4, 1983
Commissioner Pistor moved, seconded by Commis9ioner Holland and
carried unanimously, that the agreement between Deltona Utilities,
II
Paoli Associates, Inc. (Bavarian House) and Marco Wator apd Sewer
"
District to provide sewer services be approved and ~ho Chairman
authorizod to sign.
c.
. ~'..
ðO~ U78 PACE 37
Pð98 10
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~~ ma PAtt 40
October 4, 1983
Item f22
"
CHANGE ORDER NO. l, PATTERSON' WILDER CONSTRUCTION CONTRACT, PART II,
DISTRIBUTION SYSTEM, FOR GOODLAND WATER SYSTEM - APPROVEP.
UtilIties Administrator Berzon stated that this item is for Change
Order No.1, which is rolated to Construction Contract, Part II, for
the Goodlzmd Water System. lie noted that when the Goodland Wilter
System w~s put out for bIds, it wag put out as three separate bids,
Pcõrts :r, II, z:nè !II, .'lddin';J that Part r dcnlt with the transmission
line, Part II dealt with the distribution systcm-within the villagc of
Goodland Ðnd ?ðrt III deals with the construction of the tank and the
repumpin9 station, lie st£lted that tho issue b(!forc the BCC ir> Pilrt II
which is the distribution system. He noted that the project has long
been completed, adding, that due to administrative confusion on the
Change Order it was not brought to the BCe. He stilted that it effects
a $9,733.00 reduction In the contract cost. He stated that he is
reques\.ing that the Board authorize this Chan~c Order to be executed
and that the final pðymt:nt to thta contractor under t:,e actual contract
provisions be made.
Commissioner Pistor moved, seconded by Commissioner Holland and
carried unanimously, that the Chairman be authorized to 8ign Change
Order No. l, Patterson' Wilder Construction Contract, Part II,
Distribution System, for Goodland Water System be approved.
..
Page 19 '
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October 4, 1903
"
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Item 123
"
REPORT ON SUNDSTROM VS. COLLIER COUNTY ~ NO ~CTION T~KEN
County Att.otllt:ÿ f,.:.unddr:; :::t.H.cd th~'.: thi3 Ç1\R9 involves it
marlnð-boatel on 1'I..arco Island. He noted that there is a memorandum
w hie h ð d d res 3 t! 5 the t h r eel S 5 U cst h .:1 t we r c 11 t i gat c din the t ria 1 . H Po
stated that one of the issues involved equitablc estoppel, adding that
the trial court ðgr~ed with tho l~gal arguments that the County cannot
be estopped from revoking û building permit if the buildi¡",g permit was
issuod wrongfully in the first issue. He noted that the second issue
was that the rezonIng of the County was reasonable and the third issue
was that since the rezonIng of the property was reð50nablù, the owner
of the property could not set~k damages. He rcported thût there is no
action ne~ded as this is simply a report. He stated that there has
be~n ð notice of appeal rcceived and he would report bc1Ck to the Boðrd
bt c:\ later date rcgiHding this matter.
Item 124
FISCHER, JOHNSON, ALLEN' BURKE/SOUTHEASTERN MUNICIPAL BONDS AUTHORIZED
TO INSTHUC'l' BACHE/MERRILL LYNCH REGARDING REFUNDING GOVERNMENT COMPLEX
eOND ISSUE WHEN THE MARKET AVERAGES 9-1/8'
Mr. D¿1Ve Flschc:r, Finllnciol AdvIsor for the Government Complex
bond refunding, stated th~t the bottom lIne at thi~ time if ho ~cnt to
m,Hket with th~ isaue would be 9-3/4\ or hIgher, adding thðt tho bond
issu~ C.3PO out at .:¡bout 10-3/8\. He noted that an effectl....e refunding
would b~ around 9-1/8\, adding that the ~trðtcqy haa been to form the
team \oo'hich has bCf:n .1ccompl bshed by ðppointing Bðch~/Merr1ll Lynch as
the 1 n v C ß t rr. e n t b ð n k ~ r s W' 1 t h Sa ç II e ð 5 ~ e n i 0 r Me) n ,) 9 e r 1I n d F i 5 C her ,
Johnson, Allen & Burke/Southuautorn Municipal Bonds liS the financial
ðdvIsors. 110 stated that they had a moeting a few weeka ago lInd tho
...
bond i~auc is ready to go to market ðt this point.
He reported that ho
tJ
M~ U7S ÐGt 43
Peg., 20
... ----- -.- ----- --- - - - - - - - ---- - - - - - - - - ----- - ----
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~,
t~~ 078 f~Cf 44
October 4, 1983
t,
would suggest going to market ðt 9~1/8' which would mean it would
reliove the pressure In the front end of th~ dobt service for the first
five years of about $250,000 a year an~would also provide ðn ov~rðll
gross savings ot a lowor inte(~st rata of ~bc~t $1.~ ~t11ion~ and about
$945,000 in present value ovcr the life of the loan. He stated that at
this point he needs ð sense of direction from thQ Commission so that
they will know when to go to mdrket.
Tape J4
Commissioner PiGtor moved, seconded by Commissioner Voss and
carried unanimously, that the financial advisors,instruct the
Inv~stment Bankers that when the market averages 9-1/8' with a savings
of an averðge of $250,000 per year for the first five years, that they
go into the ~ark~t and prescnt a proposal to that effect regarding the
rcfundlng of the government complex bond issue.
Item 125
RECEIPT OF $120,000 FROM NAPLES CAY DEV. CORP. AND GULF SHORE DEV.
PURSUANT TO STIPU~TION AND ORDER OF DISMISSAL IN CASE 18l-l4-43-CTC
County Attorney Saunders stated that there is no action required
on this item ûnd he simply wanted to Inform the BCC that the County has
recoived $120,000 from Napl~s Cay Development Corporation and Gulf
Shore Development pursuant to stIpulation and Or~er of Dismissal in
case 181-14-43-CTC. 110 noted that this money must bl) used for bellch
facilit!Qs and would go Into the Capital Projects Fund as this is what
the Couct Ordcr has stipulllted.
Administrbtive A5sistant Holley stated that this money has to be
used for beach fael lities aod improvements and is budgcted in Fund 309.
He stated th~t he has discussed the us. of this money wIth Dr. Benedict
liS ð match toward hIs erosion ~~ntrol beðch restoration Froject. He
noted thÐt Dr. Benedict. has receivod $140,000 ovcr a two yeðr perIod to
Page 21
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October 4, 1903
r:
"
revegetate dun~ areas along tho coast, ~dding that ~hcse a~eas are
Vanderbilt Beach accesses, the Barefoot Beach area, Tlg~rtail Beach,
:t
Pelican Bay North, and Clam Pass Park. He stated that this Dource of
revenue from thi~ case could ba used as û match for thIs p~ogram.
ï tCln 126
ROU~TME BILLS - APPROVED FOR PAYMENT
Pursuant to Resolution 81-150 the following checks were issued
through l-'ridllY, Septc:nb~r 30,1983, in payment of routine bills:
CHECK DESCRIPTION-
AMOUNT
CHECK NOS.
Voucher Check::;
100991 - 101150
$ 565,088.45
Item '27
BUDGET AAENDMEN1'S 83-9"8 THROUGH 83-924 AND BUDGET AMENDMENTS IJ4-l
THROUGH 84-9 - ADOPTED AS PRESENTED
Commissioner pistor moved, secondeð by CommIssioner Holland and
carried unanimously, that Budget Amendments 83-908 through 83-924 and
Budget Amendments 84-1 through 84-9 be adopted as presented,.
'..
M~ 0'T8 ~ 45
Page 22 'r
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October 4, 1983
MOK CrIB PAGE n
***** Recess: 10:40 A.M. - Reconvened: 10:55 A.M~ *****
Item 128
MR. MICHAEL JERNIGAU TO REPRESENT HEALTH CARE PROVIDER CATEGORY ON
DISTRICT EIGHT LOCAL HEALTH COUNCIL FOR TWO-YEAR TERM
"
Commissioner pistor moved, seconded by Commissioner Hollðnü anð
carried unanimously, that Mr. Michael Jernigan represent the Health
Care Provider category on the District Eight Local Health Council for 8
two-year term.
Item '29
RESOLUTION 83-177 PROVIDING FOR AGREEMENT WITH DELTONA conp. AND
CONVEYANCE BY WARRANTY DEED OF LAND TO BE UTILIZED FOR PARK PURPOSES ON
~O ISLAND
Commlasloner Pistor stated that there is a W~rrûnty Deed and
agreement with respect to matters referring to deeding the property on
Marco Islnnd for the 29 plus acres of land that is being donated to the
County by Dcltona Corporation. He stated that the agreement
encompðsses the original agreement made by the County and the ,Developer
at the time UnIt 25 was replatted. He noted that the property is being
given to the County one yeðr ahead of time in ordcr to proceed with
developing this park at the same time as some of the other parks.
Commiasioner pistor moved, seconded by Commissioner Holland, that
Resolution 83-177 be adopted¡ that the agreement be approved and that
the Warranty Deed be accepted.
Mr. Bdwðrd Clark, President of Marco Island Taxpayers ^ssociation,
stated that the purchasers of homesites on Marco Island bclieve that
they hav~ already pðid for this land and any improvements that were
pledged to be made. He noted that he is requesting the assurance of
the BOllrd that this translIctlon, as proposed, conform:. to the originÐl
Marco Island Development agreement ðS amended in 1976. l1e roported
that he would like to hove the opportunity to review the development
Page 23
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Oc to b c r ~, 1 9 a 3
agreement and amendment of 1976. lie also noted ,that accordIng to the
.,
newspùpdrs, Deltona ig ~llowad to remove the fill ~rom the property,
adJing that if this is the case, Deltona should have to p~y for that
fill.
County Attorney Saund~rs stated that the original agreement with
Doltona stat~d that they would provide the property with a l~ke already
in place, addIng that thoro was no dIscussion in the origInal agrE!~lIIent
as to what would happen with the fill material. He stated that It
appears that the fill ,material would be removed and the property and
lake would be deeded to the County. Ite noted that the agreement that
is now being entered into, provides that Deltona would propcrly grade
the area and would place two feet of lake fill material on the site.
Com~issioner Pistor stated that moving up the transfer of the
property by approximately a year was his idea and if people want to
worry about the fill, Deltona could delay the matter for one year and
still deed the propcrty and the lake to the County without th~ fill.
He noted that all of Unit 25 will be graded and improved by using the
fill from the lake for dralnago purposeD. He noted th~t the lake
conuumcs ovar 9 acres and will have to be excavated and is part of the
overall agreement end ha~ to be thera.
Upon call for the question, the motion cðrried unanimously.
'"
...-
BOOK
078
... ...
PAGE
73
pago 24
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Item 130
UTILITY DEPT. STRUCTURE CHANGED, UTILITY DIRECTOR TO REPORT DIRECTLY TO
BCC1 FISCAL PERSON & OPERATIONS MGR. TO BE ADDED TO STAFF
Commissioner pistor stated that there should be considcration
giv!!n t\J till:: iòLtucLura or. t:'c Utillt.ic::; Dcpartm'J!1t, ~dd!!1'J th-!'lt it-. i~ .i'I
lûrge portion of the total County business. He noted that with the
increasin1 amount of work, such as the County watcr system being added
and ncgoti~tior.3 thût are underway for existing plants, it would be
advi::>ablc that thl:.' BCe be very clost: to the situ.:¡tion. 110 noted that
the Utilities Director should report diructly to the ßCC and not the
County Manager.
Commissioner Voss stated that staff needs a fiscal person for tha
operation as wcll as an over~ll operations manager.
Commisaioner pistor movod, seconded by Commissioner Holland and
carried unanimously, that the Utility Department structure be changed
so that the Utility Director reports directly to the DCC and a fIscal
person and operations manager be added to the staff.
Irem '31
PLANS FOR REDISTRICTING ENTIRE COUNTY - NO ACTION TAKEN
Commissioncr Voss. stateù that according to the ~tatutc~
redistricting hns to b~ don~ on odd years, adding that in 1981
redistrlctln9 was ùon~ according to the 1980 census and since that time
the County has increðsl.:d in population by 20%. H~ stated that he felt
redistricting should ue done again.
Com~issioner Voss moved, seeonded by Commissioner Pistor, that
plans for redistricting the entire County be done as soon as possible.
Commis~ioner Holland quest~oncd if the redistricting hdd to be
completed in the odd .year also, to which County ^ttorney Saunders
5tated that the Statute.providds that redistrictIng must be done in the
eQ~ ff78 1~ 75
Page 25
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~n~K 078 fAtE 76
October 4, 1983
..
odd number year and it is his opinion that it would be better to begin
and complete the r~districting within the odd year, aådfng that
'.
however, if it is started in 1983 and cðnnot be completed until the
earliest possible date in 1984, thDt would be acceptable.
Community Development Administrator Virta st~t&å that the
redIstricting could be accomplished by the end of this year if it was
started as soon as possible.
Upon call for the question, the motion indicated no action 8S it
...,ðS ð 2/2 vote.
(Commissioners Hollðnd and Brown opposed).
Item 132
ORDINANCE 82-110 TO BE AMENDED TO REQUIRE A 4/STl1S VOTE TO DISMISS A
COUNTY MANAGER - NO ACTION TAKEN
Commi ss i one r Vo 55 i nd i CD ted thð t he wo ul d 11 ke to see the
Ordinance regarding the County Manager's position put back to a 4/5ths
vote ~s it gives a p~rson 1n a top position a feeling of some security
in his position. He reported that he would like to see OrdInance 80-77
back:into effect which would be a 4/Sths vote in order for dismissal of
ð County Manage r.
Commissioner Voss moved, seconded by Commissioner Pistor, that
Ordinance 82-110 be dmended to require a 4/Sths vote to ðis~1ss a
County Manager.
County Attorney Saunders stated that the amendment of the
Ordinance will require the normal advertising and public hearIng;
adding that if the Doard approves this motion, he will draft the
Ordinance and bring it back to the Board. He noted that requiring a
4/5ths vote can be done by Ordinance and he sees no problem with it.
CommIssioner lIolland stated that in all the Counties that he has
observed the majority of the vote 1s sufficient and thoro does not need
to be a 4/5th vote. He noted that Corporations do not requIre any more
Page 26
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Octobor 4, 1983
"
than a majority of the voto.
Tape 15
Upon call for the question, the motion indicated that no action be
taken as it was ð 2/2 vote. (Commissioners Holland and Rrown oppo~~d).
Item 133
PRESENTATION BY CAPTAIN JOHN DEBAUN FOR COUNTY SUPPORT REGARDING THE
USE OF HIS SEAPLANE FROM HIS BACKYARD
Captain John D~Baun stated that he is a retired Captain of 30
y~ûrs with Eastnrn Air:1nas ûnd is asking for County support ragarding
the u 5 ~ 0 f hIs sea pIa n e fro m his b " c k Y 1I r din N Ð pic s Ba y . 1\ est ate d
that his constitutional rirJhts havo been denied in Collier County. He
ncted that he has been approved by the F^A and the intent for the use
of hIs seaplane is to work with the Coast Guard, the Sheriff's
Dßpartm~nt, the Civil D~fense, and the Marine Patrol os a voluntecr In
air rdscue for drug smuggling and dIsûsters. He stated thût he is
asking for the County's verbal support to back him in order to be able
to use his seaplane as approved by the FAA.
County Attor~ey Saunders otated that Mr. DeBaun is referring to
Ordinance 83-45 of the City of Naples which was passed on ~~rch 2,
In3, which prohibits ,,1nyo no from taking off or 1.lndlng in any aircraft
in any location in th~ City other than the Ha 1'1 es Airport.
.-¡ r . DeBn un st.ated th.:Jt he i$ brl ng i ng up the constitutionûl r igh ts
because it i9 a federal watcrw~y.
County Attorney Saundcrs stated that the CIty of Naples hùs
jurisdiction ·...ithin tho ùrca that is being discussed, ilddlng thùt the
issue is wh~ther a City ordinðnco is ð vnlid policy of thG City of
Naplos, adding thðt until thø i~sue Is resolved, it seems ~ppropriate
to wait and s~c whdt happens with the Ordlnðnce.
Item 134
~ 078 fACE 71
Püge 27
..-.--------------
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---....-------- ---.-- -------------------,....-.--
aO~K 078 PAtE '7B
October 4, 1983
LETTER TO BE SENT TO CONGRESSMAN AND SENATOR SHOWING COLLIER COUNTY'S
SUPPORT REGARDING A VETERAN'S H0~PITAL IN SOUTHWEST FLORIDA
Mr. Herb Luntz sté1ted that aeveral months ago the B-cC passed a
\"
resolution supporting the efforts of ð newly formed organizatIon called
the Southwest Florida Veteran's Hospital Task Force. He said thé1t this
organization was put togcther to convince the Congress that therc was ð
need in Southwest Florida for a veteran's hospital. He noted thðt
Congressman Connie Mack has been involved in this matter from the
beginning, adding that an announcement was made from his office
yosterday that a blue ribbon team will be in Southwest Florida on the
14th of October to look at sites and to speak with leaders of tho
veterans community. 110 stated that thoro are only two team stops, one
in Palm Beach County and one in Lee County. He noted that the property
is at the intersection of 1-75 and State Road 80 and has been donated.
lIe indicated thùt there would be a mass mailing the third week of
October to ðll resIdential property owncrs of Collier County, as well
ð s G 1 ð des, Hen dry, H i g h 1 0 n d s, L4? e, and Sa r a sot ð c 0 u n t 1 est 0 p ~ 0 vet 0
the Veteran's Association and the Congress that the numbers that hÐve
been used regarding how many veterans would be serv~d by ð V^ hospital
ðre Incorrect. He noted thðt Southwest Florida, in season, has over
200,000 vetcrDns residing here who are entitled to at least the SDme
services that they hav(: received UFJ north. lie noted that on the 15th
of October, they ðre sponsoring ð big event called the Sou~hwest
Florida Veterans Jamboree which wIll be held In Punta Gorda and asking
everyone to attend, to show that the veteran3 are together.
Commissioner Pistor Øloved, seconded by Coaunlssloner Holland and
carried unanimously, that ð letter be sent to the Congressman and
Senator showin9 Collier County's support regarding a Veteran's Hospital
1n Southwost Florida.
Page 28
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Octobcr 4, 1983
:>
***** Commissioner Pistor moved, seconded by Commissioner Holland
and carried unanimously, that the following items under the
Consent Agenda be adopt~d anð/or approved: *****
Item 135
EXCAVATION PERMIT NO. 59.179 - MARCO BEACH UNIT 25 REPLAT - SECTIONS 16
, l7, T52S, R2GE, SUBJECT TO STIPULATIONS
1.
Off-site diseharge of groundwater during construction sh~ll be
onlf through approved discharge structurcs after w~ter quality
treatment ðpprovcd by the County Engineer.
The l~ke i3 limited to Ð surface are~ of ten (10) acros ~nd
depth to elev~tion -5.0 ft. ngvd.
....
,.
3.
The final shape and location of the excavation shall be
approved by the County Engineer before final grading, of the
park site.
Itell'l 136
EXCAVATION PERMIT NO. 59.180 - LELY ESTATES, INC. - SECTION 20, TSOS,
R26E, TRACT H, LELY GOLF ESTATES - SUBJECT TO STIPULATIONS
1. All material Is to remain on contiguous Lely Estates property.
2. No off-site discharge of groundwater Is permitted during
construction.
3. Openings shall be placed In the roadway embankment at the
direction of the County Engineer to control tha passage of
~bovc-ground sheE:LClow runoff.
Item 137
CONCEALED WEAPON PERMIT REQUESTED BY FREDERICK GARTZ - DENIED
Item t 38
STATUS REPORT OF EMERGENCY ELECTRICAL REPAIRS
Item 139
EMS BILLING COORDINATOR TO ATTEND NATIONAL AMBULANCE CONVENTION OCTOBER
30, 1983, THROUCII NOVEMBER 2, 1983
Item 140
TRANSFER OF TWO CLERI< II'S TO THE EMS DEPT. FROM THE FINl-INCE DEPT.
Item 141
CLERK II AND PROBATION OFFICER POSITION IN TUE PROB^TIO~ DEPT. TO BE
FILLED AND EX~MPTED FROM HIRING FREEZE
I
~O:>K rna atë 79
page 29
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October 4, 1903
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Item.142· ,
LAKE TRAFFORD MEMORIAL GARDENS CEMETERY DEED NO. 363 FOR EX~CUTION BY
CHAIRMAN AND CLERK
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Item 143
MISCELLANEOUS CORRESPONDENCE - FILED AND/OR REFERRED
Thcre bcln9 no objoction, the ChaIr directed thùt the following
correspondence be filed and/or referred to the v~rlous departments as
indicated below:
1. Letter dated 9/6/83 from John M. DeGrove, Dept. of Community
AfLdrs, regarding local comprehensIve ,plan. xc: Mr.
Norrt1l1n, l'ir. VirtiJ, Fil~d.
2. Letter diJted 9/7/83 from E. Russell Smith, Chief Inspector,
Dep~. of Correction, regarding Collier County Jail Inspcction
report dated 3/2/83. xc: Filed.
3. Letter dated 9/16/83 from Captain Louis Gibbs, Dept. of
Corrections to E. Russell Smith regnrding results of
deficiences noted in 8/2/83 lnsp~ction report. xc: FIled.
4. Departmental reports received from Library System Statisti~s,
August, 1983, ðnd Plùn Implementation Dept., August, 1983.
xc: Filed.
'5. Notice dated 9/20/83 from DER regarding file 1110728745,
Applicant - Stephen whale, applicðtion for fill permit. xc:
Dr. Be n e die t, f i led.
6. :Lettcr dated 9/13/83 from Edwin J. Conklin, DNR, notifying
that C.A.R.L. application for Clam Pass Park did not recelvo
necessary support and will not be further considered in 1983.
xc: t-ír. Norman, Mr. Virta, Filed. .
7. Bulletin from NiJtional Flood Insuranco Program indicating
revised rates ðnd insurance policy changes effective 10/1/83.
xc: t-1r. Norman, to1r. Virta, Filed.
8. Financial report of the Collier County lIealth Dept. for F'f
7/1/82 to 6/30/83 ðnd for comparison actu~l receipts and
disbursements for 7/l/82 to 6/30/82. xc: Mr. Normbn, Filed.
9. Minutes of Libr~ry Advisory Boðrd of 8/25/83. xc: Filed.
10. Letter datcd 9/14/83 from E. W. Elliott of D.O.T. regarding
Naples ~n~rgr Contingency Plan. xc: Mr. Norman, Mr. Virtð,
Mr. Perry, f' led.
11. Memo dateù 9/16/ß3 from John F. Cosgrovc, D.O.T., regarding
DOT ðistrict boundari~s. xc: Mr. Virts, Mr. Perry, Filed.
Page 30
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October 4, 1983
.
12. Notice from Advisory Council on Intergovcrnmentõl Relations
of ' three public hearings'to evaluate stat~ statute governing
municipal annexation of unincorporated territory. xc: Mr.
Norman, Mr. Saunders, FIled.
13. M~!"\., ç~tMi Q!12/R3 from NACO enclosinq U.S. Forest\ Service
Int~rim policy on timber sala contract r~lief regulations.
XCI Mr. Norman, Mr. Virta, Filed.
14. Report datod 9/6/83 from Dept. of Community Affairs re
on-site monitoring vls1t on 0/15 ~nd 8/l6/83 by Gordon
Davies, Housing Assi3tance Specialist. xc: Mr. Norman, Mr.
Virta,' filed.
There being no further 9usiness for the good of the County, the
meeting was adjourned 'by Order of the Chair - 'rime: 11:30 A.M.
BOARD OF COUNTY COMMISSIONERS/BOARD
OF ZONING APPEALS/EX OFFICIO GOVERNING
BO^RD(S) Of SPECIAL DISTRICTS UNDER ITS
CONTROL
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DAVID C. BRO~N, VICE CH^IRMAN
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ATTEST:
WILLIAM J. REAGAN, CLERK
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.,.'Th~se minutcs,--approved by the BCC on
:. þr'escnted ~ or as corrccted
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