BCC Minutes 09/13/1983 R
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N~ples, Fl.or Ida, September 13, 1983
LET IT BE REMEMBERED that the Board of County CommissIoners, In
and for the County of Collier, and also acting as the Board of Zoning
Appeals and as the governing board(s) of such special districts as have
been created according to law and having conducted business herein, met
on this date at 9:00 A.M. in Regular S...lon in Bullding,-F- of the
Courthouse Complex, East Naples, Florida, with the following members
.'~ pre.ent:
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..,~ CHAIRMAN: Mary-Frances Kruse
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4',' VICE-CHAIRMAN: David C. Brown
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'~'''l'' John A. Pi.tor
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'r,.. FrederIck J. Voss .
~,,:. C. C. .. Red. Ho lland
(.' ALSO PRESENT: William J. Reagan, Clerk, James C. Glle., Fi.cal
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" Off icer, Elinor M. Skinner and Maureen Kenyon (1:30 P.M.) Deputy
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f ,. Clerks; B"urt L. Saunders, County Attorney, C. William Norman, County
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, , Manager; Billy P. Beckett, Assistant County Manager, Terry Virta,
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l~': Community Development Administrator, Irving Berzon, Utilitie.
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'.\ . . Admini.trator, Dr. ~ r k Be n e die t , County Environmentalist, Lee Layne,
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" Plans Implementation Director, Missy Ober, Planne r II I I Henry Hll1,
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-Administrator of Administrative Services, Mark Thiele, Purchasing
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Director, Grace Unde rwood, Administrative Aid. to the Board, and Deputy
Chief Raymond Barnett, Sheriff's Oep.rtm.nt.
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rm r~Ct 428 Soptember 13, 1983 .~;',-("":~
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AGEMDA - APPROVED AS AMENDED
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eo..i..ioner ,i.tor .oyed, .econded by Co..i..ioner Bolland and
carried unanlaou.ly, that the agenda be approved with the following
a..n4.ent.,
A. l2A - Recommend~tlon to adopt policy addendum for helicopter
operations - Continued indefinitely at Staff request.
B. 1 28 (1 ) - Confirmation of date for Property Appraisal
Adjustment Board, added at Commissioner Pistor'. request.
C. 1 2B ( 2 ) - Discussion of a personnel matter, added at
Commissioner Pistor's request.
D. 9B ( 5) - Transportation fund application for DeSoto Blvd.
improvement, added at County Manager Norman's request.
E. 90 (3) - Telephone System Contract. Execution, added at County
Kanager Norman's reques~.
F. 9C(l)(a) - Change Order No. 4 County Regional Water
Transmission System - Continued to September 20, 1983, at
Sta !f request.
Ite. UA
SICTIOM TO 81 ADCIO TO THE A~NDA rOR COMSTITUTIo.AL OrrICIRS
Commissioner Holland noted that thur4 i. an ~genda itea for the
Clerk t. Report. He said that there are time. when the other Consti-
tutional Officers want to bring items betore the BCC, however, to go
through the normal proce.. takes time. He sU9gested that a .ection be
added to the agenda for the other Constitutional Officer.. COlllai.-
.ioners Kruse and Pi.tor agreed with this suggestion as long a. the
back-up ~t.rlal was presented properly.
Co..i..loner Bolland aoved, .econded by Co&~i..ioner Pi.tor and
carried ~nlaou.ly, that 8 aectlon be 844ed to tbe _genda for Con.tl-
tutioAal Officera, a. long .. the back-up ..terlal OD aD It.. 1.
provldacS . ','
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Septe~ber 13, 1983 rt
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MII.UTa or Tal PRO'IRn APPRAISAL AOJUSTMarr 10ARD MI&'I'IIIa, 8/5/83 and .,
THI BCC BUOOIT H~RI>>G, 1/31/13 - APPROV&D AS PRI8IXTID
Co..l..ioner 'i.tor ~ved, .econded by Co..l..loner Bolland and
carried unanl~u.ly, that the .inute. of the 'roperty Appral.al
Adju.tment Board ..eting of 8/5/83, and the Ice Budget Bearlft9 of
S/3l/83, be approved a. pre.ented.
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EMPLOYII SIRVICI AWARDS TO BIMRY ALBRIGHT - ROAD , IRIDOI, 10 YRS.,
BORTIIICIA SOTILO - AaRICULTURI, 5 YRS.I LAlfOON WOODCOCK - IUILDllIO
INSPICTION, 5 YRS. I "'AlliS OOOD - ROAD AWD IRIDOI, 5 YRS., AJlD 'I'1IOMAS
KUCK - IIIGINIERI>>G 5 YRS. - PRESENTED
Th~ following Employee Service Awards ~ro presented:
Henry Albright - Road' Bridge 10 yrs.
-Hortencia Sotelo - Agriculture 5 yr..
Landon Woodcock - Building Inspection 5 yrs.
-James Good - Road' Bridgo 5 yrs.
Thomas Kuck - Engineering 5 yrs.
-Not present
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ASSISTANT COUMTY KAXACER BILLY P. BECKETT INTRODUCED
County Manager Horman Introduc~d Assistant County Klnager Billy P.
Beckett and said that he began work September l2, 1983. Chair.an Kru.e
welcomed him on behalf of the BCC.
Ite. .5
ORDlaAMCl 83-47 RI '111110. R-83-12C, WILLIAM VI.IS, AG&MT FOR ~L&I
ASS.. RIQUIS1U.G RI%ONII'O rROM -A-2- TO -'UD- rOR alROIII LAaIS ..
ADOPTID, SUBJICT TO STIPULATI011S , INCLUDIIIG A POLLIIIO 'LACI 1. ft&
DIVILOPMbT
Legal notice having been publ1shed 1n the Naple. Deily Nev. on
July 15, 1983, as evidenced by Affidavit of Publication filed vith the
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Clerk, public hearing WL'S opened to consider Petition R-83-12C, filed l{
by Willi.. Vln... .gent for .epl.. A..ocl.tlon. requ..tlng r..onlng ..:\.ilr.:....
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S.ptember 13, 1983 ~:~~
0?7 fA~ 430 '~I
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froll .A-2. to .PUO. for an are. known as Heron Lakes, . total of 577 ','to
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units, 5.68 units p.r acre density, located bet~~en the Golden Gate tl,l~~,
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west of Santa Barbara Blvd., approximately lOl.52 ..~
Canal and 1-15 RCW, ~. I"~
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acr.s, the NE l/4 and the E 1/6 of the NW l/4 of Section 33, T49S, ",", I
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Planner Missy Ober referred to Zoning Map 49-26-8 and indicated . '
the loc.Hion of this project as being outlined in pink, north of I-15 ,,,,*
and east of Santa Barb~ra Boulevard. She said thAt the CAPC held their
publi: learing on 9/1/83 and recommended approval subject to the
following stipulations which wero revised Crom the Staff recommenda-
tions:
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1 . AJnendlllent of the .PUD. doculllent including the revi.ed Traffic t'-
Engineer's recommendation and amondment of the Master Plan. ~t:
~ Ootai1ed site drainage plans be submltted to the County
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Engineer for approval prior to the issuance of any
construction permits.
3. Elimination of the section .Permitted provi.ional Us.. and
6 t r uc t u rea · 0 f the .PUD. document, allowing for .tr~ture. 'S
constructed off-site.
Ms. Ober said that the petitioner agreed to stipulation land 2
bot not 3. She said that one letter has been received troll John,
Ag ne1l1, repr.senting Berkshire Lakes, objecting on th. followIng three
points: the density, the mobile hOllle provi.lon and to the bikepath not .
being required from Santa Barbara to the project entranceway. :1""'!t
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Responding to Commissioner Kruse, Ms. Ober said under the provi.-
ional use category in the .PUO. docum.nt that th.re is a provt.lon for
structures constructed off-site, not n.c...arily .obile ho.... She
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said that CAPC recommended that provi.ion be elillinated. ..~if
COII.h.! on. r P1stor a.ked if the BCC would allow this off-.Ite :'~'J
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constr uc t i on, would it b. po.sibl. to put a provi.ion In the .'UD. that .::,It
those .tructur.s b. li.ited to the ea.t/northeast corner or the ea.t
, . 'age 4
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September 13, 1983
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_id. of the project, instead of the west side, which 1. next t~ the
d.velopment that will be constructed home. and not mobile homes?
County Attorn.y Saunders said that the Bee can provide for that type of
provisional use on tho property unless Mr. Vin.s has a disagreement
with that type of stipulation.
Mr. William Vine., representing the petitioner, said he did not
disagree. He explained that the project is pl~nned to be a ~ix.d .
single and multi-family neighborhood with plea.ant and extensive
ameniths. He sa id it is the developing sponsor'. intention to bring
these properties in at a moderate price level so that younger fa~ilies,
with school age and pre-sch~ol age children, can afford the home.. He
explained that ho~e development products are being produced in fac-
tories as opposod to being built on site, In r.cent year.. He said,
b ec a .Ii; e factory built housinq and housing compon.nts are not subject to
the local bu i 1 ding inspector checking out the process of construction,
the Federal government and the State of Florida have recently enacted
laws that set forth bu~ldlng codes and th.y provide the building
inspectors at the factorie.. He said ~h.n the housing components me.t
the codes the units are sealed and certified to be eligible for u.e in
local communities, .eetlng wind loads 4nd all the other kind. of
structural ch~racteriatics. He sa ld if the developers find 900d
quality housing at cost savings that they would like to utilize, in
portions of this projoct, and in order that they have a vehicle vhereby
th.y can ask the Bce for permission to do that, they have .U9ge.ted the "
provisional use clduse. He said that the clause cite. the fact that
upon application to and approval by the Bce home. or hoae coaponenta
which are factory ..de, rather than locally as...bl.d and vhlch ..et
applicable State and rederal Codo could b. utilIzed. He .ald, at thia
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point, the developera are not able to tell the Commissioners whether
they want to us~ this housing or not or where on the site it would be
used. Be said, in his opinion, that the CAPC visualized conventional ".;",
and that they recommended that the provision be stricken ;'::..
mobile homes,
from the -PUC- document. He s~id the developers would prefer to leave
the clause in.
Ouring the discussion that followed, Commissioner Pistor saId he .., ,
has seen types of prcfabri=ated homes and that he considers some of
thelll to be fire hazlIrds. Mr. Vines agreed there are variations in the
quality in the housing components. He described the structures that
are put on poured, concrete foundlltions with conventional, urban
utilities, us i ng wood 2 ' x 4 I framing sheoted with exterior building
Commissioner pistor asked ~I
material and using dryw51l pl",ster. if there
would be any problem if the acc puts the limitlltion, that would allow
the developer for a provisional use, that this type of i
to come b.5ck
housing would be placed only on the eastern side of the project, and . .
Mr. Vine. said he would agree to that. Responding to Chairman Kruse,
Hr. Vines said that the d~nsity is 5.68 units per gross acre. 11ft said
this ia a 102 acre nit. with 285 .ingl. family lots and 292 multi-
family units in clusters on the lak., surrounded by the park. Respond-
ing to Chairman Kruse, I1a . Ober said that the adjacent, existing
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d . vel 0 pcne nt, Berkshire uke., has a density of just ur.der 4 units per
acre and that the Comprehensive Plan allows 6.22 units per acre. She
said that Golden Gate City is 4 units per ~cre. Mr. Vines explained
the density factors of thia project. He said there la no golf course, .....
which would reduce the density. He said when a developer att..pts to ...'
produce lIIoderate price housing, mixed single and .ultl-famlly, without
a large piece of real e.tate that ia devoted to a golf cour.e or a .\
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September 13, 1983
preserve, thft density in the 5 to 6-1/2 unit per acre range 1s
characterist1c.
Commissioner Pistor referred to the Ex~cutive Summary dated
9/13/8) , and the traffic engineer's report which states that the
dev.3loper will reserve the right-of-way to allow for future road
connections eastward. He said that Collier County is running short of
money for building roads and, in his opinion, the developer should be
willing to contribute a portion for building the roads that the
develo~ents make necessary. He asked if the developer would be
willing to contribute a portion of the cost for the road that goes
through Hit ron La ke and eonnec ts Santa 8a rba ra Boul eva rd w1 th S. R. 9511
Mr. Vines said that the connection will occur when the land is
developed and the developer will bu 11 d the road with Heron Lake and .
that the people who O'Jn lands between Heron Lake will build the road in
that area. He said that the provision is made for interconnection of
those roads. He said, initially, the project was planned as a
self-contained project with only one point of access, that would not
extend through to S.R. 951. l!e sa ic4 the County ?urchased the pa rk ."..t
of this project an~ the St3Cf said that they wanted lands east of Heron
Lake to have neeess to the park through the development, therefore, the
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change was IMde and the street syate. was extended to the eAst property
line as well as the bikew3Y system, ready for continuation when the
vacant land to the east is developed.
Responding to Commissioner Voss, Mr. Vine. said that the Golden
Cate Canal 1. utilized as a recreational waterway by people vho live on
1t and this site fronts on that canal. He said that the developer.
have set Aside a co~unity park fronting on the canal vith the option
ot any resident of Heron Lake having acce.s to the canal. He ..ieS i,..~'::'
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there i. sufficient land 80 that .aall docks could be placed there to
accommodate small boats. Public Works Adminl8trator Hartman said, in
his opinion, there may be a problem with docks in that area. However, . ,,:~~~~
he said at Bear's Paw, on the Golden Gate Canal, the situation was ~~:',~~
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resolved by excavating along the boach of the canal 80 that the dock ~1~
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does not extend into the original canal. A discussion followed -.
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regarding perm1tting docks on the Golden Gate Canal. "'. II
County Attorney Saunders said that Mr. Vines has agreed to
limiting the mobile types of structures to the east corner of the
project and that there needs to be identification of what is meant by
the east corner. Comllli.sioner pistor said the northeast 1/4 of the
property.
Mr. Vines said Mr. Saunders asked him earlier if the developers
would ag re.d to incorporate a new prov1sion with reapect to providin9 a
polling place, in the event that the Supervi80r of Elections wlshe. to
utilize it and that the project sponsor is pre.ent and has indicated
there will be a co~munity recreational building that will be ..de
ava i lable Cor that purpose. Mr. Saunders said this was done with
Berkshire Lake. and that he ha. prepared an agreement that reflects
this type of arr4nge~ent, which he will send to Mr. Vines for hh
.iqnature. ~
Mr. John Agnelli, repro.enting Berk.hire Lakes, reiterated
cOlllme"ts he put in a letter to County Manager Noraan and the co..ent.
he ~de at the CAPC .e.tinq on this project. He said hl8 pri.ary
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objection i. to the h1gh density bein9 proposed for Heron Llk.. a.
oppo.ed to the density in Berkshire Likes and not being consistent with ..~},
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the surrounding sin9lo family area., Golden Gate City, on the north .'
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side of the Golden Gate Canal. He said the developers of Berkshire
'1ge .
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September 13, 1983
Likes have no objection to _pecifically identified manufactured home..
He said their concern is that Heron Lake not be turned into a mobile
home park or a trailer park, which it appears to them from the size of
~he lots and the wording of the proposed .PUD. 18 going In that
di rection. He said, in his opinion, there is lack of continuity in the
recommendation for off-slte Improvements and that those recommendations
for Heron Like are minlmal. He said that the on-site improvements,
pdrtlcularly blkepaths throughout the development, are also mini~al.
Co..issioner Pistor aoved, .econded by Co..issioner Bolland and
carried unaniaou.ly, that the public hearin9 be c10.ed.
Tape . 2
Co..l..loner 8rovn aoved that 'etition R-'3-l2C, Wl1lia. R. Vine.,
requestln9 reaonlng fro. -A-2- to .PUO., known a. Beron Lake, located
betveon Golden Gate City and 1-75, east of Berk.hire Lake. .'UD- be
approved subject to the CAPC's stipulations and the .tipulatlon that
the developer haa 4greed to provide a poll1n9 place.
Commissioner pistor said he would second the motion if Commis-
sioner Brown would agree to limit the ~ob;le hom. type structures to
the eastern 1/4 of the proporty. Commls.loner Brown said he would not
amend hi. ~otion. Motion died for lack of a ..cond.
Durlng tho discussion, Ma. Ober clarified that it va. the CApe
recommendation and not the Staff recomm.ndation to eliminate the
section · Pe fllli t tad Provisional Use. and Structures. of the -PUO.
docU&llent, allowing for structure. constructed off-site. Responding to
Commi.sioner Brown, .h., .aid that th. Staff reco~.ended approval
subject to the following stipulationsl
A.. A.mendment of the .PUD- document and Master Plan.
bO'J1t 071 rIA 435
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(fl7 r~Ct 4.36 Sept:ember 13, 1983 ".1<
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B. Detailed .ite drainage plans be submitted to the County ':.H
Engineer for approval prior to the issuance of any ~~~~,.
construction permlts. ~ i:..,~
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c. Paved turning areas of a minimum of SO' radius be provided to . or:};;.
the three lots without direct access to a main road. ;~'
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Chairman Kruse clarified that the first three stIpulatIons, on the ""
Executive Summary page 6, dated 9/2/83, were Staff recommendations and
that the second three are the CAPC recommendatlons.
Co..issloner Brown aoved that PetitIon R-83-12C be approved
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.gbject to the Staff stipulations a. veIl as the .tipulation tbat tbe
developer has agr.ed to provide a polling place. The .otion died for
lack of a .econd.
Co..issioner Pistor aoved, .econded by Co..l.sioner Yo.. end
carried unaniaously, that the ordinance a. nuabered and entitled below
re 'etitlon R-53-l2C, be adopted subject to the Staff'. and tbe CAPC'.
stipulations a. veIl as the stipulation that the developer ba. agreed
to provide a pollin9 placer
ORDUIMlCI 83-47 ,
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All ORDUIAJICI AMODU.O ORDIKAllCI 82-2 T81 COM'RIIDSIIIVI tOllU,a
RIGULATIONS rOR TII UXINCOR'ORATID ARIA or COLLIIR COUNTY, 'LORIDA
BT MEIIDU.O THI ZONUla ATLAS "", NUMBIR 49-26-8 IY CBAllQIIIO Tal
ZOMIMG CLASSlrICATION or THI BIRII. DlseRIalD RIAL PRO'IRTY fROM
A-2 TO PUD PLAKNID UXIT DIVILOPM~ rOR IIROII LAKI LOCATIO NORTI
or 1-75 SOUTB or GOLDIN GATI CITY, EAST or SAMTA BAaaARA BOULCYARD
AND PROVIDING AN IrrECTIVI OATI.
Mr. NorDan said thero has been .o~. confusion in the .edie when
the County asks that a pollin9 place b. provided. He said it is not a .
consideration that the developer will be requIred to build a separat.
buildin9 or desi9nate a place that will be perDanently excluded for
pollin9 purposes. He said this is to overcome a probl.. that has
emerged where co~munity centers or condoDinium recreation areas, once 'r'
they becoDe the property of the people in the association, are not
available for polling places. He said that the County is aSking that
the restrictions that govern the u... of those facilitie. ~ written to
'age 10
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September 13, 1983 I
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overcome that problem, so that there can be a neighborhood polling I
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R&SOLUTIOM 83-158 RI PITITIOM AV-83-02l, JlrrREY G. rISBER RIQUISTIMG A to ,',')
VACATION or THE DRAINAGI AND UTILITY tASlMlWT - ADOPTID f.~~~+~
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Legal notice having been published in the Naples Daily News on
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August 28 and September 4, 1983, as evidenced by Affidavit of Publica-
tion filed with the Cl~rk, public hearing was held to consider Petition
AV-83-021, filed by Jeffrey G. Fishe r, requesting vacation of the
draln~9' and utility easement on the easterly 20 feet of the westerly
30 feet of Tract 140, Unit 27, Golden Gate Estates to allow the con-
struction of a swimmin9 pool.
Co..l.aloner 'istor aoved, aeconded by Co..l..loner Vo.. and
carried unanlaoualy, that the public hearing be clo.ed. .
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Co..iaaloner Bolland aoved, .econded by Co.-i.sioner ,i.tor and
carried unanlaoualy, thet ResolutIon 83-158 re 'etItIon AV-83-021, be .'
adopted. :;
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RBSOLUTIOM 83-159 RI 'ETITION AV-83-022, ROGIR , DOHKA MOORI, 'iN~,
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REQUISTING A VACATION or DRAINAGB AND UTILITY IASIMINT -,ADOPTED ,)~
Legal notice having be~n published in the Naples Daily News on i"t"> ~.
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^uqust 28 and September 4, 1983, as evidenced by Affidavit of Publica- ,,{(
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cion filed wi th the Clerk, pu~lic h.aring was held to consider Petition "'J ~
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AV-33-022, ! 11 cd by Roger and Donna Moo r c, requesting vacation of the
dr~inage an~ utility easement on the easterly 30 feet and the 60 foot
bisecting eaaement located on the southerly 60 feet of the northerly
360 feet of Tract 46, Un i t 96, Golden Gate Estates to allow an exIsting
home to remain.
Commissioner Pistor asked why this permit was issued which ha.
created the situation that the ecc will either have to approve the .
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requ.st~d vdcation or tell the petltioners they have to tear down the
house? Responding to Chalr~an Kruoe, Mr. Norman said he would
investigate tht! situation and provide the BCC wlth a report.
Co..i.sioner Pistor .oved, .econded by Co..l..loner Vo.. and
carried unani.ously, that the pUblic hearing be clo.ed.
Co_i.sioner Piator aoved, .econded by Co..l..loner Vo.. and
carried unani.ou.ly that R..olut!on 83-159 r. 'etition AV-13-022, be
adopted.
b~:~ em fA:i489
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September 13, 1983
It.. '8
RISOLUTI0M 83-160 RK 'ITITI0M AV-83-020, BOARD or COUNTY COMMISSIOMIRS,
RIQUISTIMG A VACATION or THI WESTIRLY 430 rllT or ORAMGI STRIIT ROW
BISECTING COUNTY-OWNED LANDS IN IMMOKALII, rLORIDA - ADOPTED
Legal notlce having been published in the Naples Dally News on
August 28 and September 4, 1983, as evidenced by Affidavit of publIca-
tion filed with the Clerk, public hearing was opened to consider
petition AV-83-020, filed by the Board of County CommissIoners,
requesting a vacation of the westerly 430 feet of OrangG Street
right-of-way bisecting county-owned lands in Immokalee, Florida, for
future expansion of the County Courthouse.
Co..lsaioner pi.tor 8Oved, .econded by Co..i.sloner Brown and
carried unanigously, that the public hearing be clo.ed~
Comais.loner pist~r ROved, .econded by Co..i..ioner Brown and
carried unaniaoualy, that Re.olution 83-160 re Petition AV-83-020, be
adopted.
bO~~ 017 fJU 441
Pag.
...
September 13, 1983
Ite. Ii
RISOLUTIOM 83-l6l RI PITITIO. CCCL-82-2C, COLLIIR COUNTY PARIS , .
RICRIATIOM DI'ARTMIMT RIQUISTIMG A VARIAMCI FRON TUI COASTAL
COIISTRUCTIOM COIITROL LIMI rOR 'ROPERTY LOCA'f&D 011 TRAC1' -A-, MARCO
BEACH UNIT 14 (TIGIRTAIL BEACH COUNTY 'ARK, MARCO ISLAMD) - A,")() P'fID
Legal notice having been published in the Naples Daily News on
August 28, 1933, as evidenced by Affidavit of Public~tion filed with
the Clerk, public hearing was opened to consider petltion CCCL-82-2C,
filed by the Collier County Parks and Recreation Department, requestine;
a variance from the Coast~l Construction Control Line for property
located on Tract -A-, ~rco ~each Unit 14 (Tigertail Beach County park,
Marco Island).
Responding to Commissioner Pistor, County Attorney Saunders said
that the original application that was submitted, to permit the
0
expansion of the parking ar.:d for the Tigertail Beach County Park on
~rco Island, was denied by the nor Ida Depar tment of Envi ronm.ntal
Regulation. He said the County fil~d suit against the DER and
submitted 4 modified application and a n~w application do.s not have to
be submitted. He said verbal approval has been obtained from
representatives of tho DER and the Corps of Engineors whlch has to be
reviewed by U?pdr levels of those agencies. H. said that the Staff is
in the process of a?plying for d Department of Natural Resources p.r.it
and a State Co~stal Control Line construction permlt which i. the
5 ub j e c t :) f this rttquest.
County Environmentdlist Dr. Ben.dict revi.w.d the information
contained in the Executive Sumlll4ry dated 9/2/83. H. said there .re
only 57 p~rking spaces available, at tho present tillie, tor thw us. of
tho publlc at the Tigertail Oeach parking lot. Ho sald, that during
the winter season, approxillately 200 to 300 car. ace packed in tho area
and 1l0St are parked on private property .djacent to Cia. P.... Re
bO~l 077 flCi 443 ..t,1.'i~l
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bOJK 077 fACt 444 Septerober 13, 1983
indicated on a map that the area on one side of Clam Pass is mangroves
and coastal bays And that the area on the other side of the DHR CCCL
the dune and beach area. He sa i d that the original two plans were
turned down because of the destruction of mangroves. lie explained that ,
he went to the site with representatives of the DER and Corps and he
flagged the boundary thAt was in an Australian pine area and baslcally
in an u~land brea, except fo r a few marglnal mangrove habitat. He said
the DER and Corps repres~nlatives agreed to that location. He sa i d It,
is the po li cy 0 f the Corps of Engineers that every acre of mangroves,
regardless of whcth~r it is productive or non-productive, has to be
mitigated by the creation of 1.52 new acres of land. He sa 1 d that the
Corp stipulbtlon In te rillS of approval for the parklng lot approval is
the mitigation cre~tion of W'etlands. He sald that the OER and Corps
c!lppl ications arc in process and that he expects to hear froll! tho.e
agencies in 60 dd)s, for the areas behind the CCCl.. He said that part ~.,
. ~',
. . ,,'
of the parking lot in front of the CCCl. and DNR applications are needed ' ',~;~
. 'I''''!
'. "
for tha t. Ho sldd prior to f ili n9 for that appllcation the Staff ha.
to have local County approval for thv project.
Co..iaaioner Pistor aoved, ceconded by Co..la.loner Bolland and
carried unaniaously, that the public he.r1n9 be closed.
County Manager Norman explained that the County noeds to secure
f i nand ng for the construction of this project. He said it ls Suff's
..
intention to seek revenue borrowing and to charge parking fees that -'\~t:
,.'
will be 5 u f !1 c i en t retire that cost. said the cost will be i
to He " ,,'
approx iN! tely " 0.,
$200,000 to $300,000. COIl.issloner Plstor st.ted he h.d t. ..
..-. ., .~
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a mello from Mr. Saunders tha t says there i. another Ileana of financing . ' .!~ F
p. ,.,'
the project. \
. .
Co..l..loner 'istor aoved, ..oonded by Co..l..toner Bolland and
'..g. 15
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Swptember 13, 1983 ,;~"
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carried waani80us1y, that Re.o1utlon 83-161 r. ,.tltlon CCCL-82-2C, J~:
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Collier County 'ark. and Recr.ation Departaent reque.tlng . y.rl.nce ,;,~
'{j'fj
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fro. th. Coa.tal Construction Control Line for property loc.ted on "r4
W',.;
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~ract -A-, ~rco B.acb Unit 14 (~1gert.ll a.acb County Park, ~rco .....~
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I.land) be adopted. ,.,:t'
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S.ptember 13, 1983 . .!~
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R&SOLUTIO. 83-l62 RI 'ITITIOM V-83-7C, CAROL'8URMKTT, I.C., REQUISTIMO "'
A VARIUCI rROM MAXIMUM SQUARI rOOTAGI rOR A MOTEL, GOODLAIID ISLES 2IID .,.1"
'":--l
ADDITIO. KNOWN AS COO. KIY rISBING VILLAGE - ADOPTED '--,,".
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Legal notice having been published in the Naples Daily News on
Aug us t 28, 1983, as evidenced by Affidavit of Publication filed with
the Clerk, public hearing was opened to consider petition V-B3-7C,
filed by Carol Burnett, Inc. , requesting a variance f rom the maxhnmr- ...
. '
square footage for a motel in a .C-4- zone for maximum size of unit to
,.
be no larger than 576 s~uare feet for Tract 2, Goodland Isles 2nd
Addition, known as Coon Key Fi sh i ng Vlllage.
,
Plans Implementation Director Lee Layne said that the objective of
..."..,
the project with the same unit size as . ' .
this petition is to complete
built prior to the new zoning ordinance. She said that the subject \.~, .
property is .C-4- that permitted 33 unlts under the old -GRC- zonin9'
~
Sh e sa i d that tho old -GRC. did not have any limit on unit sizes. She ' ~
,J"..
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said tha t the owne r wishes to develop the rest of the project vith the .~
,-
same type unit, which is a modular unlt of 576 square feet. She 88id ~.
that the existing zoning now limits units to 500 square f.et. Based on r~
the standards in the Executive Sum~ry dated 9/6/83, sho said that the J
';,r~
Staff must recommend denial of the petition. "
,..
Mr. Joel Metts, represontinC] the petitIoner, expl a1 ned th is :~.
project was planned in 1981 and tha t Pha se 1 was cOlllpleted in March
...
1982. He said that due to economic conditions the balance of the
project was set aside. He said, in the meantime, the zoning vas
.<
changed fro. -CRC. to -C-4- "nd that the petitioner doe. not feel the
differential between 576 and 500 square feot i. that great. He ..Id
the project would be kept cOlllpatible. He said that the .ewer plant
which wa. de.i~ned for the units is alr.ady in the Phase 2 portion of 1/;';
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September 13, 1983
the project and that tha units in Phas~ 2 have been sold based on 576
square feet. R~sponding to Chairman Kruse, Mr. Metts said that thIs 1s
a condominium hotel. Responding to Commissioner Pistor, Mr. Metts
said, of the l3 units that have been completed, that there are three or
four people who stay during the yea r. Commissioner Pistor said it i.
his understanding that the maximum slze limlt has been placed on units
of this type because the Staff and the BCC do not want condo~tnium or
time share units being used also as a motel. Chairman Kruse stated for
the record that one of the reasons the zoning was altered was to
prevent the easy availability of the hlgher density permitting of a
Dlotel or hotel that, a t a later date, would be able to convert to a
condomi n i WI. She said by putting the maximum square footage on the
units, if that square foo tage did not meet the min iloum square footage
for a livin~ unit, the unit could not be converted to a condominium.
Respond i n9 to Commissloner Holland, Mr. Metts said that h. has
some of his buildin~ materials in stock, however, he does not have the
4 modulAr units in stock. Ho said that all of the engineerinq has been
done with 576 squ.3re footage in mind.
Co..issioner Pistor .oved, seconded by Co..is.ioner Holland Ind
carried unlnlaously, that the publio bear In, be closed.
Co..ii.loner P1stor ~v.d, seconded by Co..is.lonet Bolland, that
Resolution 83-162 re petition V-8J-7C, Clrol Burnett, I no . , requesting
&1 yariance fro. ..xiaua square footage for a ItOtel In a .C-4. aone for
..xl.ua slae of unit to be no larger than 576 square feet for Yraot 2,
Coodland Isl.. 2nd. addition, known a. Coon Key PI.hln, Vll1a,e, be
adopted.
Coamiasioner pistor suggested that the Zoning Ordinance be ..de '",'
stronger so that a building like this one clnnot be used for ti.. .hare
077 r).~.fS7 -,~,~,:L
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condominIum sales. Mr. Saunders said that the permitted provisional 1
.... i
. use. in the .C-4. district Include hotels, motels and time share
~., .
, "
facilIties. He said it does not include facilities such as condominIum ,~
,>
apartlllents. COlnmlssioner piator said that l3 u..,its have been sold ..
condominium investments and he asked how this situation can be cur- .
tailed in the future. Mr. Saunders said, if the Bee was interested in,/,
prohibiting that type of activity, that would be a potentIal violation
of the ordinance and he could seek an injunction to prohibit persons
from violating this ordinance. Ms. Layne clarified that the word
.condominium- does not mean a residential unit. She said the word
. .
means ownership. She said, in her opinion, the County cannot limlt how
ownership is held, whether it is renting or owning. Mr. Saunders said
that is correct. 5he said, as long as the person uses the structure
for a motel meeting the requirements of a motel unit of one week at a
tlme, tho person ia m~eting the requlrementa of the ordinance. Mr.
Saunders said he was referring to the fact that these are units that
have been sold and apparently are being Inhabited a. apartment. a. a
I..
home or condominium apartment would be inhabited and that use would be
a violation of the ordinance, if that is the case. Ms. Layne said, it,,,....
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is her understanding, there is a manager at this project just like a .~
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motel and the units are rented. week or a day at a tillle.
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Upon call for tbe question, the aotion carried ..nanl.ously. " .'
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STAPr AUTBORIZID TO US'OMD TO STATI AIID RBGIOllAL COIOlDTS RB COMPRI- ' )'-.:
HIMSIVI 'LAN, rIRST 'U8LIC BIARIHO OCTOBER 18, 1983 AT 7aOO '.M. .; :1,,;';,
t,~~'.(('
Plannln9 Dlr.ctor Michael ~lo.hn .ald that the Staff has received
the formal comments on the updated Comprehensive Plan fro. the Florida
Oepartment of Community Affairs and the Southwe.t Florloa Regional
Plannlnq Council. tie 58 id that the County Is requi uJ by Chapter l63
of the Florida Statutes to formally respond to those co~ents. He said
that the Statutes require that the County hold no les. than two night
public hearin9s on the updated Comprehensive Plan. He sa i d tha t the
Sta ff recomalenJs that the BCC set the ni9ht of October 18, 1983, for
the first public hearing. Responding to Commissioner Pistor, Mr.
Kloehn said he would giv6 hIm a copy of the State and Regional
comment..
Co..i..loner Pi.tor aoved, .econded by Co..l..loner Holland and
carried unanlaoualy, that the Staff be authorized to re.pond to the
,
State and Re910nal co..ent. ra9ardlng tbe updated eo.prebenalve 'lan
and to ..t October 18, 1983, at 7aOO ,. M. a. th. first public b.ar!ng
on the Co.prebenslvo 'Ian.
....RICISSa 9,55 A.M. RICOIfVDfIDI 10110 A........
Ite. 112
TRAFrIC SIGalALUATIOII ,lAJI FOR TII IMTIUICTIOII or AIRPORT ROAD wIn
MIRCBAllTILl AYDUI - APPROV&Da UfTlUICTIOII or AIRPORT ROAD AIID
LO>>GBOAT DRIVI TO 81 MONITORID
Public ftOrks Ad.lni.trator Hartaan said that this Item v..
approved during the budget approval process l..t year at thl. ti.. a.
an added itell of work for hi. department to include in this fl.cal
y.ar. He ..id that Staffs' concern is the fact that .1gnallzing
~rchantl1e Avenue require. reduction of .0.. of the .ov..enta of a
.treet north of Merchantlle. On a ..p he Indicated the locatlo~ of tb.
'ag. 20
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intersection of Merchantile and Airport Road and said that, currently, .:(,J-'" ~
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traffic can jog across the ~edian to enter Merchantile. He .aid, when .'~
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his departlllent finishe. creating a l.ft turn, the Clipp.r Way traffic :~ ;:r..
;~
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He .aid ~"v".;"
will have a right turn out capability and a right turn in.
,
~hat those people who want to go north on Airport Road wIll have to u.e
the connecting street in Coconut River Estate. and Longboat Drive to do . .
He said hls department met with the Civic Aslociation in that area ' .
so.
and explained thl. plan. He said th.re is a 7-11 Store on the corner
of Airport Road and Longboat Drive that create. traffic. He said,
should the traffic using Longboat become great enough to warrant a
signal, in the future, tho County wi 11 provide a signal at that tlllle.
Commissioner piator said he has had diacur.sions with the p.ople
living in Coconut River Estates and that they do not agre. with thi. .
plan. He asked about a site that is belng cleared south of the Golden
Gate Canal on the .ast aide of Airport Road, and he .tre...d that when
that developm~nt Is completed that the intersection will line up with
Longbo.tt Dr ive. H. referred to the traffic complications currently
experienced at the point where Longbo,H Or ive meet. Ai rport Road wh.re
Cue, Brew and 7-l1 businessos are located.
A discussion followed regarding the posslbility of a traffic
signal at Longboat Drive. Mr. HArt~an said that the n.ed for a .ignal
at that point depends uyon the traffic count during so aany hours of
the day, and that the condition is not met curr.ntly. Mr. HArtun
.xplained thd diagram on the overh.ad bo~rd that will create a left
turn Ian. and will contaln lIIedian curbing.
t'ape '3
Mr. H~rtm8n 8greed that a u-turn .t Merch.ntile Avenue would be a
difficult lrlovement to aak. during buoy periods. Tran.portatlon
LO~ rm ,.\C(-463 Page 21,
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Septemher 13, 1983 ..~
G71 PACt464 ,tv.
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.
Director Archibald said that traffic would have to increase
.
approxilllately 1,000 vehicles per day to warrant a traffic signal at
Longboat Drive and Airport Road. Responding to Com~issioner Holland,
Mr. Hartman said that the distance between Clipper Way and Longboat
Oriv. is approximately 250 fe~t. Com~issioner Holland compared the
traffic .ltuation in this orea to the intersection of Solana Road and
Old Trail Drive, where he has been told a traffic signal is not
ju.tlfied. He sa i d that he agrees that the o~gnalization il nece..ary
at the area und.r discussion, howeve r, he added, in his opinion, that
the plan needs to -go bi1ck to the drawlng board-. He said there could
be dual signalization with Merch~ntile Avenue and Longboat Drive. Mr.
Ha rtJun sa id that DOT does not h~ve to approve this light.
Commissioner Holland said he was aware of opposition fro~ the re.ldent.
of Coconut River Estates. Continued discussion covered other plans for
the traffic signalization plan at this intersection.
Hr. Don Arnold pr~sented a potition slgned by 468 people request-
ing the proposed signalization plan for Merchantlle Avenue and' Airport
Ro ad, Exhibit 1. He also presented a Collision Oiagr.. of the
inter.ection under discussion, prepared Ly the Staff and an accident
history of the area, Exhibit. ^ and a to Exhibit I. He spoke in favor
of the propos.d traffic plan and stressed that 18 accident. have
occurred in the area. He said that he addr....d this situation one
year ago when the mon.y was placed in the budget for the light and he
.sked that the light be installed. He referred to the develo~ent
..ntioned previously by Com.haloner Pi.tor and laid that the property
ha. changed hands and that he repre.ents the current owner.. He aald
the property wa. cleared to ~ke it .ore attractive and that nothln9
has been formalized to develop that property. Responding to
'age 22 :'.
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COlUmls.loner Plator, Mr. Arnold said he ~ould be coordinating the
"
development of that property, if and when it takes place, and added
,
that all traffic will be coordinated with whatever impact the "
developnent of that property would cause.
Mr. George Cook, resident of Coconut River ts tat e s , said he lIves
in the first house behind the 7-11 Store. Hli spoke against the
proposal and stressed thllt traffic has increased since the gas PUIIlPS
Wdre allow4I1d to be installed at the 7-11 Storll. He said that the
traffic will be backed up 80 that residen ts will not be able to get out
of the subdivision. He referrvd to traffic created by the Cue , Brew
establishment and he stressed that is a dangerous corner. Responding
to Commissioner Pistor, De pu t y Sh" r i f C Barnett sa id that Mr. Cook'.
referenclt to the sign on the 7-11 Store th~t alcoholic beverages cannot
boo pe n e d 0 r con .s u.~ .~ don tlu pro p~ r t y is a rule and regulation and not
a l3w, b\!causa th~ 7-11 ~torc halO a liconse that does not perlllit
consu.llt:'tion on iJrumise. Mr. Saunders said thd t some communities in
Flor id.a hav~ ~nJcteJ ordinanc~s tha t prohibit the consumptlon of
alcoholic beveruges in polrKing lots and around conv4tnlence stores and
shopping centers, Ilu Hid t~lOrQ 1s an ~nforcement problelll with that
type of .an ordin3nc..!, ho""~vur, there is a potenti,d that Collier County.
could f!n3ct th.H tytle of prohibitive ordinance.
Co_issloner Pistor aoved that the County Attorney prepare an
ordinance to prohibit the consuaptlon of alcoholIc beverage. In P8rklDg
lota .nd .round convenience store. and .hopplng center.. Be vi tbdrev
.
the .otion until the Ite. under di.cus.ion v.. coapleted.
"~~
I"\s. He 1 en Cd r s t, PresIdent of the Coconut River Esta tes Clv ic
.v.
Association, strongly objected to the tuff ic plan aa presented. She
pre.ented oil putition algnGd by ualdenta .sklng that . tr.Uic li9nal
~~l< rm fACt 465 'age 23
- .
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September 13, 19B3
LJj~ (rn r~:A:66 ,.:;",..'
be installed at Longboat Drive and Airport Road, ExhibIt II. She said
that the gasoline trucks cannot come into the 7-l1 Store and turn
around due to lack of pll rk I n9 space, so they have to come through
Longbolllt Orive to get Into the gAS pumps. She described the dangerous
traffic conditions at the intersection of Longboat Drive and Airport
Ro ad.
"ape 14
Ma. DI1rst Sold the re$idcnts o( Coconut River Estates will have
difficulty exilin~ bod t:ntcring the subdivision the way the traffic
phn i. now de:siqnel.l, and ~i1tf asked (or a traffic signal at Longboa t
Drive.
Re.ponding to COfil.'711ss1oncr Vo S 5, Mr. HIH tml1 n said that the traffic
si9nal has belen ordeCt:d and th.1t the po 1 os ....ill btt delivered in two
wl:f.ks. Commissioner Voss sdid, in his opinion, the lights shoul d be
installed ",nj he suggesteJ, during the next two we e k s , that the Staff
llhould -take os o.1ood look- at the! configuration to Stte if there ia
anothor way to addeoas the .i tUAtion. lie laid, 41t this point,' the
County does not have tho;} money to install a second light at Longboat
Drive. /"Ir. Ha r tman agroed. He compared the situation to U.S. 41 and
Solana Road wh~[e tht: trAffic count w4~rllnta a L t 9 na 1 , and he said that
the traffic =ount at Longboa t Drive does not, currently, ria r rant .
signal there. Cll.11rman Kruse said there are aeveral intersections
within th. City o~ N41-'1ea wh~r" there are silllilar probleml and that
left turn only 5 igns pcohltJlt trllffic from cutting across the streets.
She su~ge.tod that a let t turn only slgn b. phced at Lon9boat Or ive
oS nd ^ I r 5>0 r t ROlld so traffic ~uld only go aouth and that would prohibit
trAf!ic frOID cuttln9 Across Airport Road. Mr. Har tun agreed to
investigate this possibility and report back to the BCC.
".9. 2.
. .
......,
"_.,...>-,_..~ +"",,._...~,.,_.-'"
r
S~ptelllb.r 13, 1983
Co..lsaioner ,l.tor ~ved, .econded by Co..lssloner Bolland and
carrl~d un_nlaously, tbat tbe trafflo 8lgnall.atlon plan for tbe
intersection of Airport Road vltb Merchantile Avenue be approved and
t~t tbe intersection of Airport Road and Longboat Drive traffic,
Including traffic in and out of tbe Cue . Brew and the 7-11 Store, be
aonltored to varrant requireaen~. for future installation of a traffic
ll9ht at Lon9boat Drive.
I tea U 3
COMPEWSATIOW FOR LOSS or TOOLS BY MR. CHARLES BlAUCBAMP - A"ROVED
Cha i rman Kruse referred to the Executive Summary in this agenda
po1cket for II claim for the loss of tools by Mr. Charles Beauchamp when
he traveled to Jacksonville to inspect and evaluate the LeU .Cypre....
She &aid 'that the replacement cost of the tools 1. $3,231.45, which
Public ~rks ^dministrator Hart~n substantiated. She said that an
insurance claim was mad., for $2,l78.00, which is a co~blnatlon of the
depreciation and replacement valuo of the tools. Commissioner Holland
aa~d, in his opinion, the replacelllent cost is It just expenditure
bccoJuse Mr. B~auchamp was doing Colller County It s~rvice when the tool.
were stolen. Re&pontlinq to Com.1lilsionec Plstor, Chair~an Kruse laid
that the insurance coverage did not co.~ence until arter the theft hid
occurred.
Co..ls.loner Pistor aoved, seconded by Co..ls.loner Brown and
carrled un.nlaou.ly, th.t coapen.ation In tbe aaount of f3,231..5 for
the 10.s of tool. by "r. Charles ..aucba.p be approved.
.' . .
. ~~;
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ern Ul~ 467 1-""':'"
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SoptclIlber 13, 1983
~3J~ 011 rri'~~ 468
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RON) AIID BRIDal DIPT. AUTBORIZE)) TO MAltI UIITIAL ROAD IMPROV&MDT8 011 \~ ~
DNlI&L8 ROAI) AS SooM AS rUllDS rROM PRIVATI IlfDIVIDUALS CAlI 81 REALIZID. ,.~
., .,'~
CRlATIOM or A TAXIMG DISTRICT DILAYID UlITIL A PITITIO.. IS SUBMITTID AIID '.,~
Tal ROW rOR SAMI HAS BIIM DONATID TO TBI COtnrTY - A"ROVED '''',. .
Public Works AdMlnlstrator Hartman said this lRsue involve. a
.ection of roadway that is north of Unlt 35 In Colden Gate Estates, the
north-south road in Section 6, T49S, R26E. He referred to the t, "
Executive Summary dated 9/8/83 which explains how private roads that
.
are not accepted by Collier County for maintenance are normally
approved. He said that the Staff concludes that the north-south
.ection of Daniels Road is p~rt of what will eventually be the north-
south arterial, currently called Livin9Bton Road. He said the road "
..
..rve. only the private residents in that section. He sald that the
residents are concerned about losing their mail service and the poor
condition of the road. lie verified that during the recent rain storm
the road was under water, as well as being full of pot-holes. He said ...
.'
that Stat! recommends that the BCC approve the repair of the existing
road as soon as the County 1s able to obtain the right-of-way for
Hunters and Daniels Road. Chairman r.ru_e asked if this would .et a
precedent? She referred to a similar problelll wit~ the road on which
she lives, except the County already has the right-of-way for that
A discussion followed reqardin9 obtalning the r !gh t-o f -way, ;.~
area.
durin9 which Chairman Kruse r~ferred to previous attempts to obtain the
r igh t-o f-way. She said one property owner agreed to giving the
right-of-way provided the County installed fencing along hi. property ,~..
and she asked Mr. H.n baan to follow through on that .1 tuatlon, to which ",'_i
,~s:;'
\.,....
he agreed. .'.
:~'l.~
Coamt.sioner Voss raised the possibility of the County being ;l(i
'I
..
j.
obligated to repair other roads in similar circumstance. vithout first "
'ag. 2'
. ~ . . P"
'-'''''''''-'''---'''''''''_..''' ...."'"_....,'''~,
Sept.ember 13, 1983
obtainin~ the right-of-way. Mr. Saunders agreed with Mr. Hartlllan that
there i. alway. a potential, once the County becomes Involved in any
type of r . pa i r we r k , that the County would have to a.sume the
rosponsibility if there is a problem. Mr. Hartman said that there is a
.hort .ection of the N-S section of Daniels Road that i. in UnIt 35
tha t is not paved a~d that part .lopes to tho road that i& in Section
6. He said that section of the rock road, in Unit 35, the County has
maintained except for the road repair the County did a. a result of a
house movln9 operation a couple of years ago. Commissioners Holland
and Krus. a9ain referred to the verbal agreement with the owner 9iving
the right-oC-way provid.d the County installed a fence, and Mr. Har tman
said that tho County would still have to obtain tho eastern half of the
right-of-way of Daniela Roa~, since that property owner owns the 0
western half.
Mr. Fred DiOrio spoke in favor oC the proposal of the County to do
preliminary r.palrs to Danivls and Hunters Roads and he described tho
detoriorated condition>> of those roads. lie sa i d if something is not
done the situation may become so bad that fire trucks and aabulance.
Ilay not be able to respond to emergencies. He said that the north and
south portion of Daniels Road was put in approxlmately two years ago
.
and grad.d by the County. He spoke on behalf of 13 faailie. on Daniels
Road and asked that the north ~nd south and east and we.t portions of
that road bo kept undvr r e pa 1 r until the neces.ary .a....nt. can be
secured.
Comllli Bsioner Piator said he was .ympathetic to the .ituation,
how.ver, he explained that .ince the County doe. not own the.e rOlds It
i. not po..Ible to repaIr thIs rOld at the taxpayers expense. He sald
the poll cy is that tile County a.ks the re.idents to pay a reasonable
L~JX un f~4G9 . 'ag. 27
,'.._..._~_.~,,_....~ '.'''"'~''''_'''.<F'",~' ......~....,' -..-..
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September 13, 1983 ,~"
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amount of money toward the repair of the roads. He referred to similor f::~~
, .~~~~
situatIons throughout the County with roads that do not belong to the ..i~L:'
'.:
County. A long discussion followed, during which Mr. Hartman said, as ..,.
a genoral rule, the County does not do an assessment job on a road
.
unless the peopte give the right-of-way because, to do otherwiae, the
people assessed would have to pay for the price of the land, also. Mr.
'I,
Hartm4n said, if the property owners are not golng to be asse.sed for
, improvements, the owners of the right-of-way on the east side of ..
Daniels Road, north and south, might be willing to givo the County the
right-of-way. Mr. Norman said that the original Staff recommendation
was that the Staff wo ul d rely on the receipt of a petition in a proper v
form to create a special assessmont program for this road and, in the
meantimo, once the rights-or-way have been obtained the repair of the
pot-holes could begin. Mr. DeOrio said that the resldents will deliver
the easements to have the roads blaCk-topped, however, he sa id tha t the
County ha~ made a commitment to the are. by maintaining the road. up
until a few years ago. Mr. Norm4n said that aecuring of the ri9hts-
of-way does not automatically trigger the necessity that there be a
special assessment for a road improvement, however, it is an important
requirement before the County doe. ilDprove..ents. Chairman Kruse said
.""~ I
that the County has to obtain the right-of-way to avoid legal problems. "- ..." I
I
Tape . 5 I
I
I
Commissioner Voss compared the County repairing the roads before
the rights-of-way are obtained with repairing an individual'. driveway.
:~
Mr. DiOrio said that when the County black-topped DanIels Road up to
"
2nd Avenue and abruptly stopped a precedent was .stablished. Mr. .;-~:
Saunders said that the fact that the County engaged in road work in the ' ~',
;....~:
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past Is not binding on the County to do that repair in the future. ~'- "':1
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Sep:.mber 13, 1983,
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Responding to Commissioner Voss, Mr. Hartman said that 2nd Avenue is . ,;~
~ :
little south of the north boundary of Unit 35. He said that north of .~
I,
'....
that is the area where the house moving problem occurred in whIch the
County became involved. He said that the contractor gave the County
v
money to repair the damage to the road. Mr. DiOrio took exception to
this explanation and said that the road was filled with lilllerock and
was graded. .
Mr. Robert V. Smith, resident ot Daniels Road, said that the north
part of Oaniels Road was filled in, graded and limerocked October, 1982
at which ti~e the U.S. Mail OGpart.ent moved the mail service to the
end of the north-south of Daniels Road and the County abandoned the
Road. He asked that a grader be sent down the road in order for the
residents to have access to thelr property without ruining their cars
or trapped when it rains b~cause the pot-holes are 80 deep. Mr.
Saunders referred to Ordinance 75-14 which explalns the creation of the
assessment district and he offered to give Mr. OlOrio a copy of sa..
when the residents do start tha process of giving the rights-of-way to
the County.
Responding to Co:nmissioner Vo.., Mr. Hartman sald the cost to fill
11\ the pot-holus on the N-~ section of Daniels Road would br between
$200 and $~OO. R~~pondinq to Commissloner Voss, Mr. NorQan said that
this situation is a policy precedenco. He said there have been Ilvlral
incidences whvre the people who are affected have collected the .0n1Y
and, In effect, contracted with the Road and Bridge Depart.ent to aake
repairs. Commissioner Voss said h. would perlonnally pay half of the
cost if Mr. DiOrio could obtain the rest of the cost froll the resi-
dents. COlllllliaaioner Pistor said he would contribute to the cost, also. "c:'
11.,
Mr. DiOrio said he would pay tor half or obtain the coat froll the area "f}I:
......'.!;!...~:....
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60JiC ern 1).Ct.412 S"!'ptember 13, 1983
residents. ,
Cha irman Kr UC,jf Asked Mr. Hartman to clarify his conversation with
Mr. SlIIith. Mr. Hartman said that Mr. Smith asked how much it would
cost to do the east/west portion of Daniels Road and Mr. Ha rtman sa id
he did not make an estimate of tha t. He .ald h. asked Mr. Smi th wha t
he wanted done and Mr. Smith said that he just wanted the road graded
and the pot-holes filled. Mr. HlHtman said t,u.t would be appoximately
another $200. Chairman Kruse said, for the benefit of the audience,
that this policy has been followed once before in lmmokalee and once
for the road on which she lives whtln area residents in both instances
raised the money and paid the County to grade the roads.
Co..i.sioner Vo.. ~ved, .econded by Co..i..ioner 'istor and
carried unanl.ously, that the Road and Bridge Departaent be authorized
to grade tho.e p.rts of Daniel. Road that are unfinl.hed and fill the
pot-hole., a. .oon as private individual. contribute the .oney to
COllier County to pay for It.
Co..i.sioner 'istor aoved, .econded by Co..t..ioner Vo.. and
carried unanlaously, thet the ICC delay creation of the taxing dlatrlct
for Daniel. Road i.prove.ent. until .uch ti.e a. a petItion 1.
.~itted In accordance with Ordinance No. 75-14 and that the Staff b.
authorized to do th. full Daniel. Road i.prove.ent. a. soon a. the
right.-of-way for Daniels Road has been donated to Colll.r Co~ty.
Chairman Kruse said, for the record, that she wanted to warn the
resldents that they would be in a9ain next year, unless there is a way
of forlllin9 that taxing district, because Daniel. Road will be In the
same condition then aa now. She .aid that gradin9 and pot-holing the
road does not hold up. She said her road 1. in al.ost the ....
. ,
condition this year as it was when the repair. vare ..de la.t year.
. .,''':.
./..(
Page 30'~~;~
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"_....._,..,..'---...""~.._-- --..,.,.,.".,..,..,-...--."'.
September 13, 1983
It.. '15
IRISOLUTIOII 83-163 RIVISUIG rlls TO 81 CHARGED rOR TU USI or COlDlTY
SOLID WASTI rACILITIES - ADOPTED
Co..i.sioner Pistor aoved, seconded by Co..i..ioner Vo.., that
Re.olution 83-163, revi.ing fee. to be charged for the u.e of the
County Solid Waste facilitie., be adopted.
Responding to Commissioner Holland, So11d Waste Director Robert .
Fahey explained that the normal pick-up truck body is 8 feet long and
approxim4tely 6 feet wide which would result in approximately 2 cubic
YArd for a load that is 1 foot in height. He said to get 5 yards of
lII4terial on a pick-up truck, the load would have to be approximately 2
to 2-1/2 feet high.
...Coaai..ioner lru.e 1ef.t the roo. at 11135 A. M. and returned
at 11145 A. M....
Coomissioner Holland said that when a resident goes to the trans-
f~r station to dump a pick-up load of debris the charges range from
$5.00 to $10.00 a load, at the pr~.ent time. Ha asked the charge for a
garbage truck to dump a load at the land fill, to which Public Works
Administrator Hartman responded $6.00 A ton. Responding to CO~lDls-
sioner Har tlnan, Mr. Fahey said there ~ould be 10 to 15 tons of material
on the garbag9 t r uc k . Commission~r Holland said that, in his opinion, ,
the County is putting 4 restrictiv~ price on the people who are trying
to clean up their areas and take the debris to the landfill. He said,
as a result, more debris is being dumped on the side of the road all
over the County. He expres3ed his opinion that the County ~y be
pr 1 c1 nq itself out of the market as far as the general public i.
concerned, and yet creatin9 an eyesore and health haZard along the
public roads and on private property. Mr. Hartman laid that the
reco...nded rate. are still b.low what the cost will be and that the
60:1 rm'f~.(l3 'eg. 31
_._.~,,>.~, >'~,~'v.'''''''__'"" ....."~.-
'-'-~"-"'~
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September 13, 1983 "
'. .
077 ~ACt474 . ~,:.11
bOJK '...
....
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'!''IiI
rat.. will be subsidized by the landfill collections projected for the .
,'I
"
next fiscal year. Commissioner Holland suggested that -somebOdy better
take a good hard look at what the money is being spent for-. Mr.
j
Hartman said that Staff is going to bring before the BCC a better
mandatory collection proposal with a proposed ordinance early thIs
coming fiscal year. He sa i d , compared with the service now avallable,
that the Staff hopos that it will be less expensive for the citizens.
Comeissioner Holland said the landfill was supposed to be self-support-
, ing and tha t it has not been and the costs have steadily increased. He
said that garbage has not benn more plentiful. He said, in his
opinion, if the Same taxpayers, who are paying ad valorem taxes, cannot
clean up their own property and dispose of it without hav~ng to pay a
penalty, tha t there is something wrong with the system. He said that
people U5ttd to be charged a reasonable f.e to dump debris, however,
with raised prices people are not uslng the landfill and that has cut
down on the revenue, to which Mr. Hartman agreed.
.
Mr. Hartman said another item in this year's budget is an enforce-
.ent capability of the existing ordinance. that prohibit littering and
dumping on private property and that is i nc 1 ud ed in the rate calcula-
tions. Commissioner Pistor said that to get people to take pride in
thttir ~topecty, in his opinion, they have to be given help. He .aid
I"'"
there used to be a semi-annual pick-up of garbage deeri. for which
there was no extra charge. He said that has been stopped.
Mr. Mi ke Zewa 1 k , representing the North Naple. Civic Association,
asked if the taxpayers can look forward to mandatory garbag. pick-up so
that the citizens can look forward to a reduction to the fee. He .aid,
if every household is going to be paying for the service, the people
will not duap it along the road because they know t~.y are g01ng to pay
'ag. 32
. .. - ........-.'
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Sept.mbor 13, 1983
for the service through their taxes. Com~issioner Voss said that he
was in favor of mandatory pick-up.
"ape .,
Discussion continued about the problem of people dumpIng along the '..'[.~., '
sides of the roads and on private property with Commissioner Holland ,lit~
. ;~~~j
contending that the foes are too high to encourage us. of the landfill. :.~t~,~'
"'~~
'I.','t~!,~
County MAnager Norman said that the BCC has directed the Staff to ~):'~
proceed with the development of a mandatory program and that Mr.
HartlMn has indicated thore will be a report on the subject in October.
Upon call tor the question, the .otion carried 4/1, with
Coaai..loner Bolland oppo.ed.
.
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60~ on FACi.415
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".,""",.".,-,,-,-'~"''''''~--' III .u ~ lOll . ....._-'._-=......,,,~...,'"'.~.---..,,."",..,<' ,.,-,
~eptember l3, 1983
&JJ~ 077 r~:~478
Ite. 116
TRAaSPORTATIOM FUMe APPLICATIOH POR THE DESOTO BLVD. IM'ROVEMEWT TO THE
STATE FLORIDA DEPT. OF COMMERCE - APPROVED
Public Works Administrator Hartman referred to the Executive
Summary dated 9/9/83, requ~sting BCC approval of the transportation
fund application for the DeSoto Boulevard improvem~nt to the State of
Florida Department of Commerce, Division of Economic Development. He
said that the application for the grants is due September 16, 1983.
. Hespond i ng to Chb 1 rrODn t<rus~, Community Development Administrator Virta
said tha t the rezone application for the Ford Motor Company will be
before the ~cc m~uting on 10/4/83. Chairman Kruse informed the
Commissioner~ that she Nould not be present at that meeting, in the
event tha t tney wan t that rezone ?ctition to be heard by a full Boa cd.
Mr. Vlrta said thc..t LI1\: petitioner is aware that Chairman Kruse will
no t be prasen t. eha 1 rm,)n KrU5e said that her concern is the impl1 ca-
tion that the BCC is applyin~ for a grant for a rezone that has not
.
taken place, yet. She said, if she were a member of th. ?eneral
pub Ii c , she would have a feelin9 that this actlon would be presupposing
that the BCC intends to .1pprove tht: rezone. Commissioner Pistor said
that the application process for a grant takes considerable tlme. Mr.
No rman sa id if the r 0 zone is not approved the County would no longer
be el1giblo Co r the qr.'1nt.
R.:tsponding to COillmissioClt:C holl"nd, Mr. Hart~an said that the
money would be applied to the coat of paving DeSoto 60ulevard from
Alligator Alley to Golden Gate Boulevard. Commissioner Holland asked,
since there will be no entrances or exits on Alligator Alley when the
highway Is compl~t.d as 1-75, what pur po>>. would there be in paving
DeSoto Boulevard. Mr. Hartman sald that the people ne.dln9 to go to
the Ford Motor Company proving grounds would use Golden Cate Boulevard
Paille 34
,--
^.~,.",..""".."""-"",,, .,~"",- _';,<..~"""""C'_'_ -"..~_..,
.
September 13, 1983
to DeSoto Boulevard proceed south on DeSoto Boulevard. He said that 1.
the basl. for the grant. Respondlng to Chairman Kruse, Mr. Hartman
sald that Fund 3l1, from which the expense to the County of approxi-
mately $23,000 would come, conslsts of several of the gas tax surpluses
deposi tod Into one fund. He said that the County funds would be
involved in II\4king the east/west dralnage swales operable.
Commi.sioner Voss said this is the only opportunity to obtain
funds for tho road and that the BCC has changed the Comprehensive Plan
to permit tho project. Mr. Hartman said, if the grant is approved,
that the State and the BCC would b~como party to an agreement which can
be ~ time consuming project. 110 said the BCC can either accept the
agreement or deny it.
Co_isslonee pistor aoved, ~econded by Co_l.sioner Vo.., that tbe
transportation fund application, for DeSoto Boulevard 1.prove..nt, to
tbe State Florida Depart.ent of Co...rce Divi.lon of Icono.lc Dev.lop
and the expense of approxiaately $23,000 fro. Fund 3ll should the
application be approved, be authoriled.
Mr. Clifford 8~rksdale, represonting Collier Enterprises, said
that the application state. tha t the local qovurnmontal body =ust
cortlfy to the State: that the r~zone has been approved before the money
would Actually be qranted. H. SAid the actIon thl. date allows the
AppliCAtion to compete with oth.r projects in that fundlng program.
Upon call for the question, the aotlon carried 4/1, with
Co_lssioner Kruse opposed.
.
l.~~~ rm f~.f19 'age, 35
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September l3, 1983 ".'iO,
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Ite. 117 '>~t5;
. ';~?;J
BID '674 rOR BI~EW~~ COMSTRUCTIOH TO HIGHWAY 'AVERS, INC., MAPLES, :\01"~
;,,~:~
FLORIDA - APPROV~C' N THE AMOUNT or $362,327.6$ ~ ., '-:~ ':...:
LI~(
L~ga1 notice having been published in the Naples Daily News on .-#;:~ "
,. ','.1
,;.I.~ '.
, .~,
August 1, 19S3, as dvidenced by Affidavit of Publication filed with the
Clltrk, bid S Wit r It receivc}d for Bid 1674, for Bikoway Construction, until
2:30 P.M. , August 24, 1983.
Coaaissioner pistor moved, seconded by Co..issioner Holl.nd .nd
carried unanl.ously, that Bid 1674 for Blkevay Construction be av.rded
to Highvay Pavers, Inc., Naples, rlorida in the aaount of $362,327.68,
.a reco..ended by the Purchasing Director to b. the lovest re.pon.ible
bid in the b.st Interest of the County, and that the Chair.an be
authorized to aign .nd the Clerk to attest the resulting .gre..ent.
..... Rece..J 12:00 Noon - Reconvenedl 1130 P.M. .t vhicb
tl.e Deputy Clerk Kenyon replaced Deputy Clerk Skinn.r ..... .
Ite. U8
PROPOSED POLICY RE PHONE INSTRUMENT AND PRIVATE LINI ACQUISITIOM _
APPROVED
tlo!nry Hill, ^d:ninistat(ll of Administratlve S.rvlces, st&ted that
this is II reques t to h,'1ve policy quidelines ..tablished to aid In the
implementation vf thd telephone aystdm. lie roforred to d Calendar of
Events thclt ~as est~blish~d with the AT'T people which would serve as a
.
guidellnli. Ii.! stated that under thiu policy thero Is controlling
multi-line sets, addln9 th4 t thor,,' ls 4 difference in price betw..n
multi-line sets and sin11d lin. s.ts of approximately S185.00 per
ins t r um~ n t. He stated thllt with the n~w system a lot of things that
could bo donv with ~ ~ultl-lin. svt iM now avaIlable on a single line
se t. Also, t~cr' has been conc~rn re~ardIng private line.. He stated ' '; ~::',
. :::,
~,
that 4dditionally ?eripherals, booper telephones and other type. of ,/>..;.
"~'
>;fi,
dquipment could bo lookvd at closely. He stated that he is askIng th.t ,.~
. ::f: '
.( .
rrn FACe 493 .J<
bJ~~ '.Ig. 3'
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...',....~..~._-~"._,._"" ....._--"'..'""'-_.'~"".,......_..~
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September 13, 1983
&~~~ fJ17 PACi494
the Board consider establIshing these guIdeline. as polIcy.
Commissioner Pistor stated that the only concern he has is that
it should read, appropriate justification provIded the County .-t~
under 1B, t;,~
{l.
Manager appoint a Syatoms Administrator -in writing-. He stated that . ~.~:r~
:\~:
'..~~;.:~
the same thing which apply to private lines and the words -In writing- ::Y,:
".~
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.h~"lIJld be inserted. He stated that the deviations or special ..ta;
;of.
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considerations should be on record in wr it i ng . .r:'-
.-
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Mr. Hill stated that it was hi. intention to qet them in writing,
adding that it can be added to the policy guidelines.
Co..is.loner Pi.tor aoved, .econded by Coaal..loner Vo.. and
carried unaniaously, that the propo.ed policy re phone In.tru.ent and
private line acquisition be approved vlth the word. -In vrltln;8 added.
,
.- . , 'a;. 37
, . . . . . , .
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September 13, 1933 .~ '.>~<:€
ern f~~~.{96 >~<i: I_;e-:
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CBAIRKAM AUTHORIZED TO EXECUTE ALL LEGAL DOCUMIWTS PERTAINING TO THE , "'':'
,. .....~.
COUNTY TELECOMMUNICATIONS 'URCRASI WITH AMERICAN BILL . ,,,~,' ~~.
, -,......'.-(
Mr. Hill stated that he wllnted to be sure the documents wore - "
presented to the Commissionors as soon as possible in order to not '. l~
.:
j eope) rd i zc any implem&nt~tion date of the Calendar of Events. He noted . 'It
, ".
that along with the purchase ayrQ~ment, there is a maintenance
" .
agre~m~nt and a letter of ag~ncy which will authorize AT&T to be the
County's represent~tive in further follow-up with United Telephone.
Commissioner Pistor questioned if the $50,000 for the cable
completely rewircs tbe whole complex, to ~hich Purchasing Oirector
Th ieIe stated that at this point o;,ly the wire in Building F has been
investigated and not the wire in th~ ground. He stated that he has not
asked United Telcphonu whl:t:.h..:r ~hcy will or can sell the existing wires
as there are priv~te lines on these wi res for certain departments.
Commissioner Pistor qUl:stionlH.l why the lines had to be changed if
they were good enough for t h .: U T l:) 5 Y stem, to which Purchaslng Dlrector
Thiele state" there are not enough wires and they are not compatible
with the AT.T system.
,., r . Hill stated thAt he is aski~9 that the County Attorney prepare
a letter to United T(tlcphon~ which will request their statement and
position on the wires and the proposed pr ice if they ar. going to sell
it to the County or if th~y Are going to take it out, addlng that he
will need a reply back by the rnidjle of October.
Co..l..ioner Vo.. aoved, ..conded by Co..i..ioner 'lstor, that the
Chalr..n be authorized to execute the legal docuaent. wItb AaerIcan
Bell pertalnln9 to the County'. telecoeaunIcatIon. .y.t<<2.
Hr. LA. !Hat, rupreaenting United Telephone Company, .tated that ,
wh.n h. initlally caGle Into thv County, he was the low bidder, vhich
Page 38
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September 13, 1983
.)
included all the cable in the buildings. He stated that since he met
with the C~unty the last time, the Soiriff's system changed and he put
new prices togother for the Shori f f. He stated that after all change.
were made, he was lStill the low bidder for a total cost o~ $382,338
except for the outslde cable. He stated that United can stIll provide
the best service with the best product. He reported that his price
include. the satisfaction of tho existlng contract. He stated that
this system is the same system with enhanced software in the PBX.
Hr. Jay H19hley, District ManAger of Utelcom, stated that before
the Board si9nB any le~al documents wlth AT'T, he is requesting that
AT'T provide a copy of their occup~tional licen3e to do buslness in
Co lli e r Co u n t y .
County Attornoy Saunders stated that the contracts can be
exC!cuted, but prior to any commencement of iiOrk, an occupatlonal
liconse would h.sve to be issued.
Upon call for the question, the ~tion c.rried unanl~u.ly.
. \l
077 PA~497 " .
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September 13, 1983
DO~~ fro fA:,49B
Ite. '20
BAS RlCOKMKMDATION TO APPOINT DR. POLKOWSKI AS COLLIER COUVTY BIALTH
orPICER - ACCIPTED
Co..l..loner Pistor aove4, .econde4 by Co..l.sloner Roll.nd and
c.rried un.nlaoualy, that KRS'. reco..endation th.t Dr. Polkow.ki be
.ppointed .. Collier County Health OffIcer be .ccepte4.
Ite. '21
RBSOLUTION 83-164 AUTHORIZING EXECUTION or AX AGREEMENT NOT TO COMPETE'.~ ~
AXD All OPTION AGRIEMENT, 80TH AGRIEMINTS POR THI 'URPOSI or ACQUIRIHa~.,~;~,
'LA_DB rOR AX'[) RECREATIONAL PURPOSES RI THI LAICE TRArrORD MARINA . . :r.,~~1
rACILITY AHO ADJACENT LANDS - ADOPTED 'I!J:"
Oon No r ton, Pub 11 c Sorv I cos Adml n 1st ro<o r, stated ths t h. 1. _ :1.-
a......
requesting that the BOcHd i1uthor i ze two agreements regarding the Lake .::',!:'~,
.MI. "..
Trafford Marina property. lie reported that the option contract allows
the County to purchase the mbr!na property within 75 days at a price of
$239,900.00 and the agreement not-to-competo is re~uired by tho owner.
o! Lake Trafford Mc!lrina, Inc. as ,) condition procodent to donatln9 .:~'f
approxilllate:y 1/2 acrc to be uSt:d for 4 ploc, boat ramp and other park ~,
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COIll.issioner Pi~tor stated th~t he had concerns regarding the ii:~
concessions not on the dClJdlJd properly and adjoinlng property, to which ;.;..........' ".'
Assistant County Attorney Cuyler stAted that he would check the wording ':~'1~
of tho contract and take care of Commlasloner Pi.tor's concerns. ::,y;l:,
.'..... .
"Y"'"
Commissioner Kruse indicated that once the property was purcha.ed ;~
, .~
by the C~unty, the not-lo-compete Agreement would beco~e null and vol4.
Co..is.ioner Brown aove4, .econded by Co..l..ioner Yo.. .nd
c.rried un.nlaou.ly, that R..olution 83-164 authorlllng execution of an
.gree.ent not-to-co.pete which the owner. of Lake Tr.fford Marin.,
Inc., requlre .. . condition precedent to don.tlnt .pproataately 1/2
acre to be uae4 for the pier, bo.t reap .nd other palk lapro.e..nta,
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and an option .gr....nt, .llowlng the County to purcha.. the ..rin. ,~r;~.r.~~.
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prop.rty within 75 day. .t a price of $23','00.00 be .~opt.4. y.:,~
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Seplember 13, 1983 .~~
em PAC, 506 4/~:
~n< - '~",'~~l
It.. 122
STAFr RIPORT OM THI SITI SELECTIOM FOR COMMUJlITY 'ARK 1M THI IMOKALE&
ARIA - POSTPONED TO 9/20/83
Coaal.aioner Brown aoved, .econded by Co..l..loner Vo.. and
carried unanl.ously, that the .taff report on the .lte .election for
the coaaunlty park in the Iaaokalee area be poatponed to 9/20/83.
It.. '23
C~E ORDER MO. 4 - TRANSMISSION MAINS FOR THI COUNTY REGIONAL WATER
,TRANSMISSION SYSTEM - CONTINUED TO 9/20/83
Co..l..loner Voss aov.d, .econded by Coaai..loner ,l.tor and
carried unanl.ou.ly, that Change Order No.4, Tran..i..lon ..In. for
the County Re910nal Water Tran..i..ion Sy.te. be continued to 9/20/83.
Ite. '24
CBAI~ AUTHORIZED TO EXECUTE A ONI YEAR LEASI RENEWAL FOR THI COUNTY
WATER DIVISION WAREHOUSE AT THE MONTHLY RATE or $250.00
Co..is.loner Pistor aove~, .econded by Co..la.loner Brown and
carried unanl.ously, that the Chalr..n be authorlaed to execut, a on.
year l.ase reneval for the County Weter Divi.lon Warehou.e at the
aonthly rate of $250.00.
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September 13, 1983
&O~K 071 PAc,510
It.. '25
ROUTINI BILLS - APPROVID rOR 'AYMIHT
Purauant to Resolution 81-150 the following check. were i.aued
tbrougb rrid.y, Septeaber 9, 1983, in p.yaent of routine billa. ;'\":
,~,
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CHICI DESCRIPTION CHECI HOS. MOUll,. ,
Voucber Check. 100220-100437 . 1,149,597.62
'~\,
ReCjJular '.yr011 68589-69143 221,120.07 (I.
i....
Ite. '26
. BUDaI,. AMIXDMEH,.S 83-846 THROUGH 83-855 - ADOPTID AS 'RISENTED
Coaals.ioner Pistor aoved, .econded by Co..i..loner Bolland .nd
carried unaniaously, that Budget Aaendaent. 83-846 through 83-855 be
adopted .. pre..nted.
..... Rece..& 2&00 P.M. - Reconvened. 2&10 '.M. .....
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September 13, 1983
Tape '7
It.. '27
MARCR 1984 BALLOT TO BOLD RSrSRDDUM RBGARDIIIG Ia.CRII-SIaIG AD VALORIII
TAXIS 1/4 MILL TO PROVIDE rUNDS rOR MOM1TORIMG SLUDGE AHD ErrLUENT
PROBLEMS rOR TBE ENTIRE COUMTY - A'PROVED
Commissioner Voss stated that staff was instructed to take so~e
samples of the .ludg. that i. being d.poalted in the County, adding
that these .am~les were sent to the State for bacteriological and vira
analysis. He stated that there has not b~en a final report, but it ha
been determined that it is loaded with bacteria and virus, noting that
the Medical Society in Collior County as well as the Health Oepartment
is very much conc~rned. He stated that there are a lot of things that
are not done such as how far it migrates or how deep it goes. He
stAted that one thing is known thll t if it migrates very much it can
a ffoct the water supply for the entire County. He stated that as the
County grows and ~ore trea tmont plants arc installed and more sludge il
a CCUl1\ul a tud, thu wholo fut'Jre of the County could be jeopardized
because of 4 water supply contamination. He stated that he would like
to su~gest thlSt this bu put on the ~rch ballot for .. referendum of 1/~
mill to provide funds to study the overall prob1 e.ll of the County with
res t>d C t to wilter and Sew4ge. lie rcp<,rtcd thdt the Medical Society has
augqltstecJ that a1 pI.lee be found to doposit s1ud~e, not on an aquifier,
ar,)und which a t est ...u 11 could be inatalh\J in order to monitor the
migration of ba1ctcri~ olnd virus if both arc there. Ue stated that
ther. i. not monEY to do this and it i.. i~perativ. that the public
reali~c thd severity of the problem and their support for 1/4 ai 11 ad
valorem in~rease to laonitor the sludge, the sew4ge proble. .. well a.
the water problem in th. whole County. He stat.d that It is not auch
of an in.:r...., but it will 9ive the County something to work with.
Commissioner Pistor stated that he agr..d with Commissioner YOs.
and had a conversation with Or. Cox, adding that soae of the problea 11
~~ (, 71 fA~ 521 'age .4
-..-
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Oeptember 13, 1983 -,'..Ill
W'.
LO~ en? fA:, 522 "~~
,fJ4.;"
DERts and a Mr. Ron Blackburn should be contacted to see if they can do
something to help. He stated that a'suggestion has been m~da that two :~
'O'}.,. .,
;
areas of about three acres in size, be found as soon as possible, " i~':'t;
. :.<
(,
addlng that one should be in the western or northern part of the County ~"
and one in the eastern part of the County that can be used as the dump
sites. Ue stated that there would hAve to be a sufficient number of
monitoring wells Around a fenced or blocked in area in whlch the sludge
is dUlllped in order to 1Il0nitor what 18 happening with the seepage.
Co..lssioner Voss .oved, seconded by Co..is.loner ,i.tor and
carried 4/1, (Co..issioner Kru.e opposed) that the Marcb 1984 ballot to
bold a referendua regarding increasing ad valoree taxe. 1/4 .111 to
provide fund. for aonltorlng .ludge and effluent proble.s for the
entire County be approved.
County ~nager Norman stated that Mr. Voss discussed this
proposition with him, adding that he encouraged him to think In terlDs
of drafting the ~roposition and explaining it in such a way as, to be
able to use these funds also for the total program.
Commissioner J(ruoe indicatvd that her position i. based on the
(act that ther6 are existing sludge deposita now that could eaolly be
monitored and there is no need ~o set up another site.
It.. '2'
PROPIRTY APPRAISAL ADJUSTMIIIT BOARD TO 81 BILD SIM'IMBIA 26, It83 AIfD
SIPTIMBIR 28, 1983, IF IIICISSARY ..
Coaalaalon.r Pistor 80ved, .econded by Co..l..ioner Yo.. .nd
carried unanlaoualy, that the 'roparty Appral..l A4ju.~nt Ioard be
held Septeaber 26, 1983, and S.pteaber 28, 1983, if n.c....ry. ',\
Com.iasioner KrulIe indicated that she la on this board and If for
,
r
aooe reason she is unable to attend, COlDaia.ioner Holland ha. agreed to
take her pl ace.
'ag. 45
. -.'
--""~.'<~"-'-'~"''''''~'<'''''''''_.~' ___n"~'''''~'_
September 13, 1963
Ite. . 29
COUNTY MAMAGER MORMAM AS~ID TO RESIGM AMD AUTHORIZATION GRAKTED TO
ADVERTISE FOR POSITION - APPROVED
l'
Cotrlllli ss ioner pis to r read <1 prepared statemdnt indlcatlng his
dissatisfaction with C~unty ,~nager Norman and asked that hI! resign
fro~ his position.
Comalssloner Pi.tor IIOved, seconded by Co.-lssloner Holland and
carried 3/2 (Co..i.sloners Brown Ind Voss oppo.ed), that County Manager
Nor.an be asked to resl9n and authorization be granted to adverti.e for
the po.itlon.
CommlLOsionor Kruse stated th~t dhc ~ould ask that consideratlon of
Ii two "''''1 cl k period, _hich is in the Ordin!lnce, be yiven to allow the
Co un t y M.l :la'll! r to consid..r hin next step.
(;ounty Attorn~'I :.> .} u n d c r s indl=.:1tod that the Ordinance was alllended
<2 nd it el1mlnilteJ Lhu timt.' periods, .)ddin'~ th!lt any time period that
ttl\! ~o 01 r d sees !it can be provided.
County :1.1nll-.J:.'r Normdn i 'I die IS t ~ d th"l 1 t is not a to ta 1 lurprl.e
b,Jt .::o.nir~ loltllcr .:juicKly, ~(jain'J th.:a t he rugrets that this fe ell ng h a .
d.:velot'~d. tlot in<:licoltnl tlla t h" iJla..neu a three ~ek vacation starting
th~ next _r 11 ~ , ddding that he 1010 ltl d like time to rospond and ",ould ask
th.Jt to" bo 4 r d -.liLn~r .n4~t.' thu ddte n~xt Tu.sday or un t il he returns
fro:tl hi$ lIolcdtioll.
Camilli :uionu Pistor stclted tha t h. would ~llow the County Manager
every courtesy f-Os:lloi&: !Ind ....ould ttxtt'nd the resi9nation request to the
first ....<e~ aft~r his lIac<ltion.
Co_i.sloner ~ruse IaOved, seconded by Co..is.loner ,istor and
c.rried un.nlaously, th.t County Manager Nor.an be 91ven until the
first week .fter hi. vac.tlon to consider hi. next .tep before
-.<0.
reslgnin9. ,.
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S.ptc~ber 13, 1983
~ fn7 ~514
It.. '30
C8AI~ AUTBORIZ&D TO SIGH CIRTlrICATIS 'OR CORRICTIOM TO TBI TAX
ROLLS AS 'RISIKTED BY THI ,RO'IRTY AP'RAISIR'S orrICI
Co..l..loner ,lstor ~ved, .econded by Co..I..loner Holland and
cerrled unanl.ou.1y, that the Chalraan be authorized to sign
certificate. for correction to the Tax Roll. a. pre.ented by the ' .
Property Appraiser'. Office. .-.'
1982 TAX ROLL
TANGIBLE PERSONAL 'ROPIRTY .'
1982-401 - 1982-442 8/26/83 - 9/6/83
1980 TAX ROLL
615 8/29/83
1981 TAX ROLL
620 8/29/83
19S2 TAX ROLL
" 646 8/29/83
Ite. '31
IXTRA GAIN TIMI rOR INMATES NOS. A-26839 AND A-32891 - A"ROVID
Co..i.sioner Pi.tor aoved, ..conded by Co~!..loner Bolland r~
oarried unani.ously, that extra vain tl.e for lnaates .0.. A-26.39 and
A-32891 be appcoved.
It.. '32
LETTU or RUIOMATION ACCEPTED 'ROM MR. A. B. CURRY, JR. 'ROM Tal NATa
JIAIlAGDtDT ADVISORY BOARD AND AUTBORIZATI011 GRA.IIT&D TO ADnRTll1
VACAIICY
Co..issioner Pi.tor aoved, .eco~4ed by Co..Issloner Yo.. and
carried unaniaou.1y, tbat tbe letter of r.signatIon be acc.pt.d froa
Kr. A. B. Oarry, Jr. frOll the ....t.r Manag...nt Advloory Ioard and tJ:t.at
autborlaatlon be vranted to advertis. .ald vacancy.
Pag. .7
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Sept.mber 13, 1983
.,'<
..... Co_lasioner pi.tor aoved, .econded by Co_l..lon.r vo.s "
IInd carried unaniaou.ly, that the followlnCj Ite.. be ~.
adopted and/or approved under the Consent ACjendaa .....
Itea '33
MISCIL~EOUS CORRESPO~DENCE - rILED AND/OR RErERRED
ThHe bltin'3 no objolction, thv Chair dlrectad that the following
~orrespondence b~ filed an1/or ruf~rrQd to the various dep~rtments as
indiciltod belo....:
1. Copy of llttt~r Jerry C. :-lool, P.1::., Anchor Engineering from DNR re
approval of rdquest to construct sea....ard of the mean hlgh water
lino for OO~-tiJ-S~, Sunset "OUEIl of Marco Island, ~outh. xe: Or.
Btnedict, Filed.
2. COl-lY of letter to D. T. Tackney, P.!::., Tdckney " Associate., Inc.
from D~H re ~pproval for request to dred~e sea....ard of the mean
niqh ....lSlor lin" for DdS-t!2-47, Save the 8aY6 Association, Ine.
xc: Dr. I.htnedict, Filed.
). Lutter d~teJ d/2a/dJ iro~ Ho....ard M. Glassman, State Coordinator,
National Flood Insurance Program, re9ardIn~ notification from F~~A
tlldt Collier County .....3~ presented the prclLnlnary Flood Insurance
Study and ~lood Insurance Rate Mdp on 10/26/82. xc: Mr. Norman,
Mr. Saunders, flIed.
4. Lutter ddtuu a/22/8J from Phillip D. ThomDs, CertIfied Consultin9
Metaotolo~ist, r~'3ardlng elev~lion8 list~d on thlt Hurrleane
Infor~4tion Pa~phlct. xc: Mr. Horman, Mr. Dorrill, Mr. Saunders,
fllt!d.
~. ~lnutcs ot 8/18/B3 CAPC mdetln~ nn~ agen~a of 7/l/83, agenda of
1:$/6/0) fo r r'lPO. xc: fo'lled.
5. 19aJ ~umm~r ~dcreatlan Program re~ort fro~ Parks' Reereatlan.
xc: Filed.
7. Letter d3led d/1/83 fro~ ~rs. J~ne HO~dn req~rdln9 the n.ed for.
tr~ffl: signdl at tho untr~nc~ to Naples Town Shoppln9 Center on
U.~. 41. xc: Mr. Norman, FilQd.
!tea . 34
RESOLUTION 83-165 CONFIRMING STREET NAME or QUAIL rOREST BOULIVARD
See Page .... t:; 3"
1 tea US "
'.j
RESOLUTION 83-166 CONrIRMU'Q STREET lIME or ACRU..L ORIVI :~;
.~
See 'age S 3 /';~
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It.. '36 '.~'
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RESOLUTION 83-167 CONFIRMING STREET NAME OF THE EXISTING AND PROPOSED ')~
,,;f,.,1
LIVINGSTON ROAD NORTH AND LIVINGSTON ROAD SOUTH '::,\~'t':
~'.: . ,0.
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See Page S3;{ ",~~~~
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Itell '37 ;_"'':'!1
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CHAIRMAN AUTHORIZED TO SIGN LETTER REQUESTING ASSISTANCE OF THE ',(,.t.,
. -,I.
SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL IN THE PREPARATION OF SMALL
CITIES COMMUNITY DEVELOPMENT aLOCK GRANT APPLICATION
Ite. '38 ,.,
-'.. ..
STATUS R!PORT ON COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
Ite. '39
FINAL ACCEPTANCE or IMPERIAL GOLF ESTATES, PHASE II AND PUBLIC WORKS
AUTHORIZED TO RELEASE THE ONE YEAR 10' MAINTENANCE SECURITY
Ite. 140
APPLICATION FOR ANNUAL AID FROM THE ~TATE LIBRARY or FLORIDA
See Page .533-S37'-
It.. 141
DOCUMENTS RE THE PROPOSAL TO MODIFY EXISTING FA~R'S VILLAGE GRANT
S.e Page S.3S
It.. 142
MISS DEBO~H ANN NORMAN APPOINTED TO THE FOOD ESTABLISHMENT REVIEW I
BOARD WITH AN EXPIRATION DATE OF 11/3J/83 AND MR. RAYMOND NELSON
APPOINT.EO TO THE SAME BOARD WITH AN EXPIRATION DATE OF 11/30/84
....* Recess: 2:25 P.M. - Reconven.d: 2:30 P.M. at vhich ti.e
Comeissioner Kruse vas not pre.ent and the reviev of the
Utilities budget was workshopped ....*
pag. <49
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September 13, 1983
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UTILITY rUNDS SBOWIMG DOLLAR AMOUNTS TO BI SBOWM 1M TBI BUDGET UVDIR
TBI UTILITY DIVISION
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Mr. Hill stated that the budgets do not include the changes that :}t
were sU9gested at the laGt minute, as all totals would have to be
changed and this can be accomplished by budget amendments after the
beginning of the fiscal yea r .
Utilities Administrator Bcrzon stated th~t these budgets are ba~ed
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on certain revenu~s that come from operatin1 departments, such as
Engineering, Zoning and Planning, going to the Utilities Dlvision for
Administrative purposes. He noted that those revenues are strictly
esti~ates b~sed on whdt was perceived in June of this year as being the
work activity sent to his office for review.
....~ Co..is.ioner Iruse entered the roo. at 2135 '.M. .....
the budgetl'l have been completed, adding .
Me. Bdr:ton stated that
tha t In the interest of ~ovlng ahedd, the Fiscal Officer reco;nmended
that thu budget remain th\t same clnd when the time comes that the
revenues are not r c.11 I ze d , those expenditures which -.re ear~arked for
those purposes ',oIQuld not be made and budget amendments would be made
accordingly.
Commissioner ristor questioned where it shows in the budget what
is being paid Cor water that is being purchased? Fiscal Officer elles
indicated that this is fro31 the operating fund of the County
Water-Sewer District and can be found under Fund 411, Aq.ncy 114-1111,
Pa~o ll. H. stll tod that the purchase of w~tor for the City in 1983-84
is shown as $737,352, adding that each fund will show a fund summary
which indiCAte.. the total amount budgeted for the fund in broad
Page 50
L~J~ 077 fACc52.7
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September l3, 1983 ,,;J,~~
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categorI.s. He noted that after that there is a schedule showing the 'l>i{(l
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calculation of each line ite~ showin9 all detail. ~'~it\
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COlDmissioner Kruse questioned where she would find Sewer Area -B- ,~ \'~"
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Sou th Ha lf7 Mr. Beuon replied that it was not submitted because it . ";1'
has been paid off.
Fiscal Officer Giles stated that it was submitted by the County
Manager as far as a special assessment fund, adding that it is not an ..
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enterprise fund. He noted that in past ye"rs, the assessment would be
ll\4 d e in a special assessment fund and the money would be transferred
over to the Enterprise fund also called Sewer Area -B- South Half and
then engineering expenses would be paid from it, adding that the only
way to tell what the rl:al status was to to ta 1 the two funds together.
He stated that there are not two funds now, there 1. only one fund to
look at.
Commissioner Kruse stated that there should be a Sewer Area -8-
fund in Utilities, instead of looking under the County Manager~s
budget. Fiscal Officer Giles stated that it 1. a .pecial aase.sllent
fund and should be indicated as cuch. Commissioner Kruse stated that
the preference of the Bo a r tj is that all utility funds show under
utilities, adding that it is much loo easy to .pread too IUny studles
into other areas where thert: is not a comprehenslve view. . +
Fiscal Officer Giles stated that he is not tryin~ to oppolle the
Board IS to who it ls under, adding that proper accounting 18 tha tit
be listed as a special assessment fund.
Co..i..loner Kru.e .oved, .econded by Co..is.loner ,l.tor and
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Septtmber 13, 1983 ~~.
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carrled unanlaou.ly tbat the fund., the dollar. lnvolved in any utility if
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operation be llated under utllltie. whether it i. a .pecial ........nt ';!~
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or not. ':rP:-
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..... Co..i..ion.r Brown left the ..etlng .t 2150 '.M. .....
Co..laaloner ,l.tor .oved, aeconded by Co..l..loner Bolland and
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carri.d 4/0, (Co..i..loner Brown not pre.ent), that the utllity budget
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be tent.tively approved. ,
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There being no further business for the good of the County, the
m~etin9 was adjourned by Order of the Cha1r - T1me: 3:00 P.M.
BOARD OF COUNTY COMMISSIONERS/BOARD
OF ZONING APPEALS/EX OFFICIO GOVERNING
BOARO(S) OF SPECIAL DISTRICTS UNDER ITS
COl'lTROL .
k~"'_~~ce 0la1nmn I
MARY-FAA CES KRUS~, CHAIRMAN ' '.
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the BCC en ()ctober 4, 19R1 as
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pr,..s~nted or as corrected . .
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