BCC Minutes 11/17/1981 R
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Naplos, Florida, November 17, 1901
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LET IT BE REMEMBEnED, that the Boftrd of County'Commissioners in
and for the County of Collier, and also acting as tho governing
board(s) of such special districts as have been created according to
law and having conducted business herein, ~Ðt on this date at 9tOO A.M.
in negular SeBsion in Building "F" of tho Courthouse Complex with the
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following members presentt
CH^IRM1\Nt
VICE-CHAIRMANt
c.n."nUQs" Wimer
Mary-Frances Krunc
John ^. pistor
Clifford Wenzel
Dav id C. Brown
1\LSO PRESENT! William J. Reagan, Clerk, Harold L. Hall, Chicf
Doputy Clerk/Fiscal Officer, Darlone Davidson, Deputy Clerk; Donald
pickworth, County Attorney; ~rving Berzon, Utilities Managor; C.
William Norman, County Managerl Neil Dorrill, Administrative Assistant;
Terry Virta, Community Development' Administratòr; Dðnny Crow, planning
Director; Jeffory PH'ry, zoning Director; Clifford Bðrksdðlc,' Public
Works 1\dministrator; Grace ~paulding, 1\dministrative Aide to the Board;
and, Raymond Barnett, ccputy Chicf, Sheriff's Department.
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Novcmbor 17, 19A1
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AGENDA - APPROVED WITH ^DDITION5 ^ND CH^NGES
Commissionor Wenzel moved, seconded by Commiasioner pistor and
carried unanimously, that the agonda be approved with tho following
additions ~nd changasl
1. Consider~tion of waiving the moritorium re provisionðl use
application for J. Lorenzo Walker, reprcsenting White
Construction Co. - added to DCC Report.
2. Consideration of adoption of emergency Ordinance re abandoned
property - addod to County Attorney's Report.
3. ^cceptanco of. water facilities re the Anchorage - added to
Utilities Manager's Report.
4. Adoption of Resolution establishing County Depositorics and
authorized signatures - added as "other" in Clerk's Report.
S. Item 9-82, petition by Collier DcvolopmenL Corporation for
the vacation of several easem~nts in East Naples Industrial
park _ was Inðppropri~tely located on the ageh~a. - This is
an advertiscd public hearing and s~~uld be considered as Item
7D.
MINeTES OF REGUL^R MEETING OF OCTOBER ~, 1981 AND THE EVENING MEETING
OF OCTOßER 20, 19R1 - ^PPROVF.D ^f> PRESENTED.
Commissioner Wenzol moved, seconded by Commissioner Pistor ðnd
carried unanimously, that the Minutes of the negular meeting of October
6, 19B1 and the evening mcoting of October 20, 1981 be approved as
presentod.
EMPLOYEE SERVICE AW^RDS PRESENTED
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Chairman Wimer presented Employee Service ^wards to tho followingt
Robert McKellar, Marco Transfer Station, Five Years·
Ronald Haines, Parka Depðrt~ent, Five Years-
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Commissioner John A. Pistor, Five Years
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Donotos presence to accept service award.
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November 17, 1981
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PrtOCLAM^TION EXpnESRING APPRECIATION TO THE COLLIER COUNTY VOC^TIONAL-
TECHNICAL CENTER, ADOPTED
Commissioner pistor moved, seconded by Commissioner Kruse and
carried unanimously, thðt the Proclamation expressing appreciation to
the Co111or County Vocational-Technical Center, be adopted.
The proclamation waD presented by Chairman Wimer along with hi.
congratul~tlons and exprossions of appreciation, to Ms. Betty Nowak,
Ms. Estella Carter, and Messrs. Leo Mediðvi1la, and Don Holcomb, for
the many contributions that Vo-Tech has provided to the citizens of
Collier CC'unty.
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W)~ 066 FÂc¿126
November 17, 1901
RESOLUTION Ol-2~2, LIMITING ACCESS WITII GOODLETTE RO^D/Fn^NK BOULEVARD
ALONG ITS NEW WESTERLY nIGHT-OF-WAY TO EXISTING AND FUTURE PUBLIC
pTRF.ET5 - ADOP'I'f1) ~
Legal notice having been publishod in the Naples Dally News on
November l, 1981, as ovidenced by Affidavit of publication filed with
the Clerk, public heoring was oponed to consider the adoption of a
rosolution limiting accosS with Goodlotte Roað/Fr~nk Boulevard alon9
its new westcrly right-of-wðy line (l6th ^venuo North to Immokalee
ROðd) to existing and future public streets.
Public Works Admini~trator Clifford B~rksdale ~xplnined that tho
proposed resolution will preserve the historic arteria¡ road
classification of Goodlette Ro~d/Frðnk Boulevard and its limited access
with abutting private property to the west whero the County has
acquired thu former railroad rioht-of-way. He said thðt in o~der to
prescrve the level of service of this arterial road now that the County
owns ð strip of the (ormer railroad right-of-way, it is necessary to
limit acceSS with private property bordering on the west in accordance
with St~tc Law. He said that this roquires a rosolution ~f the ace,
subject to the consent of the City of Naples for the portion from the
formor 16th. Avenue North to Creech Rood. The propose.. resolution
included these considerations, said Mr. Barksdale, adding that the BCC
approved the proposed resolution in principle on August 4, 1981 and the
City consented to same on October 7, 1981.
Commissioner Wenzel moved, soconded by Commissionor Kruse and
carried unanimously, that the public hcaring be closed.
Comminsloner Wenzel moved, seconded by Commiasloner Brovn and
cðrried unanimously, that Resolution 81-242, limiting access with
Coodletto Road/Frank Ooulevard along its new wQsterly right-ot-way to
oxisting and future public streots, be adopted.
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November l7, 1981
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OnDIN1\NCE 81-72, 1\DOPTING TilE 1979 EDITION OF THE ST^ND^nD MECH1\NICAL
CODE WITII TilE 1980 , 1901 REVISIONS ^S AMENDED INCLUSIVE OF 1\DDITION1\L
1\MENDMP.NTS ^PPROVED TII7.G D^TE - ADOPTED
Legal notice having been published in tho Naples Daily N&ws on
October 16, 23, and 30, 1981 and November 6, 1981, a8 evidenced by
Affidavit of publication filed with tho Clerk, public hearing was
opened to considcr the adoption of an ordinance, adopting the 1979
Edition of the Standard Mechanical Codo with the 1980 and 1981
r.viølons, as amended.
Community Dcvclopmr.nt ^dministr~tor Terry Virtn referrcd to the
proposed ordinance DS drafted and submitted with the Executive Summ~(y,
noting that there ðre two additional amendmentB which require Board
approval prior to consideration of adoption.
Referring to Section Three, Mr. Virta rcquestod approval of
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amerding thin provision to read as follows:
.Ordinnnce No. 73-25 is hercby repealed, effective Jðnunry 1,
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ReCerring to Section Six, Mr. Virta roquested approv~l of amending
this provision to read as follows I
-This Ordinance shall take effect Janu~ry 1, 1982.-
Mr. Virta explained that the above-referenced changes will provide
a -lag tlmo·, during which the contracting industry will be Informed of
the changes outlined within the ordinance.
Hr. Virta said that the County is presently acting under the 1973
Code and that in order to bring Collier County up to date, the
contents of the proposed ordin~nco have boon worked out ðS a direct
result of Ktaff meeting with the local contractors, and Tri-County
plul!lbing, Hoating and Cooling Ascoc1ation.
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ne recommended tho adoption
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November 17, 1901
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of the proposed ordinance with the aforementioned amendments.
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Commissioner Wenzel moved" seconded by Commissioner Pistor and
carried unanimously, that the tWO.ðbove-reforenced amendments, outlined
by Mr. Virta be approved and be considered as part of tho proposed
ordinan~e under consideration.
There was a lengthy discussion regarding Section 307.2(d), durin9
which Commissioner pistor qucstioned the "vagueness" of this provision
regarding the rolianco of "natural ventilation", 88 a basis of
dr.tp.rmining if 2 cu. ft. p~r minutc being exaustod, especially where
there are no exaust fans or other mechanical means of measuring exhaust
accurately. Mr. Virta stated that the Building Department is in
agrecment with Com~i5sioner Plator and that thoy have just handed him a
proposal for amending that specific sentence by insorting the word
"not", thus reading as follows!
Commissioner Wenzol concurred that thin eliminates the "vagueness"
or the provlaion by stating that if tho subject areas are not
"naturally ventilated-, then, they must be "mechanicallY ventilated".
Commissionor Wonzel moved, seconded by Commissioner Pistor and
carried unanimously, that the above-referenced amendment re Section
307.2(d), as outllnod by Mr Virta, be approved and considered as part
of the proposed ordinance under consideration.
Commlnaioncr Plator also quoRtloned Section 404, noting that h_ S.
concerned about the way this provision addrosses which condenøer units
muat be "tiod down", i.e. "all condenser units mounted on a roof or any
other location, subject to movement by winds or other forces, must be
tied down a. required by tho Building Official." He stated that ho
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Novembor 17, 1981
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feels thftt the provision should specificallY roquire "all" such units
to bo tied down with some resilient matorial that would insure that
there would be no vibration or noise carrying through the building.
Mr. Virta stated that he docs not s~aro Commissioner pistor's concern
regarding the "mobility" of condonser units, noting that if they become
a problem it is within the purvicw of the Building Official to
prescribe that they be ticd down by whatever means he deems applicable.
CommisBioner pistor disagreed, noting that many of the most expensive
condominiumn on Marco Island have as many as one-hundred of thcse
compresBor units on the roof which ore not ticd down by any menns. He
said that when they arc activated, they wobble and move. He s^id that
he still stands on'the premise that they should be. perManently attached
to somothing that will not allow them to movo. He said that he does
not fael the ordinance Is restrictive enough and it has been his
personal observation that most builders do not fool that it Is
necessary to tie them down. Mr. virta said that perhaps thore is a
problem that requires further invest~gation. Chairman Wimer suggested
that the Doard consider adoption of the Ordinance now and that the
staff further investigate any other areas that may need amending in the
future. Mr. Virta concurred.
upon Commisioner wcnzel stating that he hopos that th. County and
the City will be operating under tho samo code, Commissioner pistor
~oved, scconded by Commissioner Kruso and carried unanimously, that the
public hearing be closed.
Commissioner Wenzcl moved, seconded by Commissioner pistor and
càrrled unanimously, that the Ordinance, as numbered and entitled
below, inclusive of the throe amendments approved this date, be
adopt~d, ðnù enterod into Ordinance Dook No. 13.
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ßO')K q66 fÀc¿132
November 17, 1901
ORDIN^NCE 01-72
"N ORDIN1\NCE ESTABLlSIUNG TilE ·COLLIER COUNTY MECI11\NIC^L
CODE. BY ADOPTING THE "STl\NDARD MECI1^HICAL CODE, 1979
EDITION", AND AMENDMENTS TO THE "STANDARD MECIIl\NICAL
CODE" 19~0 and 19A1 REVISIONS TO THE 1979 EDITION, AS
PUBLISHED BY TilE SOUTIIERN BUILDING CODE CONGRESS INTER-
N^TION^L, INC., AS ^MENDEO; AMEND SECTION lO~.~ FAILURE
TO OBTAIN A PERMIT; AMEND SECTION 10~.3 SCHEDULE OF
PERMIT FEES, AMEND SECTION 107.2 NOTIFIC^TIONI 1\MEND
SECTION 307. 1 EXHAUST SYSTEMS I 1\MEND SECT ION 307.2
EXIIAUST SYSTEMS GENER!\L PROVISIONS, ^MEND SECTION il04
REFRIGERATION GENERAL REQUInEMENTS; REPEALING OnDIN^NCE
NO. 73-25; PROVIDING Fon CONFLICT, SEVER^NCE, PENALTIES,
^ND PROVIDING AN EFF~CTIVE DATE.
RESOLUTION 81-243 RE PETITION FDPO-8-V-l3 GRANTING" V^RI1\NCE FROM THE
MINIMUM BASE FLOOD ELEVATION R~QUIRED BY THE FDrO ON PROPERTY DESCRIBED
AS LOT 2, BLOCK 41, UNIT 13, M^RCO ßE"CH~URDIVISION - ADOPTED
Legðl notice having been publiahed in th~ M~rco Island Eagle on
October 29, 1981, as evidenced by ^ffidðvit of publication filed with
tho ClGrk, public heorlng was opened to consider Petition FDPO-e-V-13,
filed by Robert J. Durbin, represented by Flagship Real Estate
Incorporated, requesting a variance from tho minimum base flood
elevation required by the rDPO on property described aB Lot 2, Block
41, Unit 13, Marco Beðch Subdivision.
Planning Director Danny Crew recapped the information outlined in
the Executive Summary, dated !O/l9/Bl, including the fact that, while
the request does meot certain criteria within the provisions of the
law, whereby, a variance may be granted, specifically by having a
existing structure on both sidos, it Is unique in that it i8 for
property lying within a "V· zone. He explained that the ·V· zone
rofors to wind velocity in the event of a storm. He said that past
variances havo been granted to only property located within an .,," I4ne
whi~h refers to areas that will only be affected by high water.
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November 17, 1981
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Mr. Crew stated that the staff 1. recommending d.nial of Petition
FDPO-81-C-l3, based on tho provision in the FDPO which states that when
a structure becomes a danger to other structurcs in the area, there 1s
sufficient reason to deny a request for such a vari~nco. Ho said that
staff considcrs that in tho event of a major storm, because the
structure will be locDted in a "V" zone and will ,certainly be destroyed
by wave wanh, it would impose a hazard to other structures in the area
by washing into them.
Regarding insurance, Mr. Perry stated thDt tho cost of insuring a
$200,000 structuro which is located in ð "V" zonc ðnd constructed at
elevation lO' NGVD would be approximDtely $12,000 ðnnually. He said
that st~ff is not just concorned for tho petitioner'ß financial burden
related to high flood insurance premiums, but, also, nll subsequent
owners of this structure would be "locked into" es~entially
"un~btDinðble" flood Insur~nce.
Commissioner plstor noted that tho subjoct lot iA located along
Caxambas Bay, a good d i stanco beh I nd tho bAr rilH isl ands and ¡,e feel IS
that the Board has gr~nted similar variances to houses that are not as
well protected as the subject homo will be. He also stated that he
believes thc two homes along sido of the subject lot are well
constructed and that he is sure that the construction of the proposed
home will be such BO as not to be readily broken up by wind or watnr.
He said that ho quostions the Fedoral Insurance regulations to a
certain extent, and asked If anyone who imposed those regulations has
been down to physically investigate the subject location? Mr. Crew
stated that tho individuals from Totra Toch, who conducted the flood
insurance study, have 8ecn the area. He said that the only th1ng that
the staff haG to go by is the fAct that this area is considered as -
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November l7, 1901
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"V" zone and, therefore, subject to dircct wave action.
County ^ttorncy pickworth asked Mr. Crcw if ð vnriðnco to tho FDPO
has ever been grantod for tho constructlon of a structure in a ·V· zone
and Mr. Crew roplied negatively. Mr. Crew stated that all previoua
FDPO var lances have been g ranted for structures in the' "A" zone, where
the only problcms is rising water damago.
Commissioner Kruse asked if thore was a mothod whereby a notation
would bo attðched to the subject property deed in such a manner so that
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someone who has an ðbstract or titlo searched for the subject property
wo u 1 d be notified that such a variance was granted and therefore the
the fact thllt subsequent loss of probable insurability would bo
rccognized by future purchaacrs1 Mr. Crew stated thl1 t when the Board
grants a FD~O variance the proper documentation is filed with the
propurty records for tho house and he explained that a~ abstract search
would pick that up.
The petitioner, Mr. Robert J. Durbin, stated that he made
applicat\on for the subject variance prior to the time that the Federal
Insurance regulations stipulated that the minimum elevation requirement
iH 171 NGVD. He said that he is requesting II vðriance to construct a
structure with a floor level of 10 ft. adding that he did not realize
at that time that Bome elevntions are figured lit floor lovel and othors
are t~ken from undor the beam.
Mr. Durbin stnted that his lot Is located one mile from the beach
lInd three miles from the southern end of the bðrrier islands. He said
that he hns a quote for insurance coverage for $235,000, dated November
11, 1981, for elev~tiona taken from under tho beam ranging 111 NCVD to
131 NCve at an annual promium uto of $2,256. lie said that he would be
willing to accept a vari~nce for 111 NCVD rather than the requested lOI
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Novomber 17, 19R1
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NGVD. When anked by Commissioner Wenzei why he does not just go to 13'
NGVD, Mr. Durbin otatcd that this would creðte a problem on the left
side of his propoLty in that ð 7' wall would have to be constructed to
prevent a car from ~oing too far down the driveway into the neighbor's
property lInd ð wall of thnt height would be objectiona~. tö' his
neighbor.
The following persons spoke in favor of the subject variancQt
l. Richard W. Morris, Architect for the petitioner nnd the
house next door.
2. Rich¡Hd J. IInberlin, President of H. C. Creativo Builders,
Inc, who will be constructing the homc on the subject lot,
who Bubmittcd photographs for the record depicting whðt an
elevated ¡,ome will look like amidst the two existing homes on
either Bide and ~lso zumbitted a copy of the Fedcral findings
in case of "The proposed base flood elevations lit the City of
Cape Cortll, Flor idð".
3. lIarry W. ,.'cNey, resident in the house located on the lot next
to tho subject lot.
4. John Lauritzen, res~dcnt 1/2 mile from tho subject lot.
5. J.C. Blauvelt, 1071 E. rnlet Drive, Mnrco Island.
6. Mal.v Needles, President of Flagship Realtors.
There was 011 lengthy diacuDsion regarding tho affect that granting
this variance will or will not have on the County'ß participation in
the Federal Flood Insurance Program, during which Mr. Crew stated that
while one variance In ð "V· zone probably would not affect tho County's
participation in this program, ð string of them probably would. He
reminded tho Ooard that this variance, if granted, would set a
precodent in th~t it would bo the the firßt granted for property in a
·V" zono.
Co~mi8s10ner Wenzel moved, seconded by Commissioner Brown and
carriod unanimously, that the public hoaring be closed.
Mr. ric~~orth otnted th~t he believos t~at as long aø the coun~y.
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Novembor 1', 1981
M~K 000 pAC¡;136
i5 reasonably consistent in their application of critoria for FDPO
variances and mðintain ð uniform set of standards for the applicants
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who apply, the County will not joopðrdizo its partic~p~t.ion in the
Federal Flood Insuranco Program.
Commissioner pistor moved, soconded by Commissioner Brown and
carried unanimously, that Resolution 81-243 re potition FDPO-8-V-13,
granting the vðr iance to the FDPO for property described as Lot 2,
Block 441, Unit 13, Mðrco Beach Subdivision as filed by Robert J.
Durbin, represented by Flagship Real Estate corp, be adopted.
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NovemÞor 17, 1981
nESOLUTION 8l-244, V~CATING EASEMENTS IN EAST NAPLES INDUSTRIAL PAnK,
COLLIER DEVELOPMENT CORPOR^TION, ^DOPTED - TO BE RECORDED
Legol notice having beon published in tho Naples Daily News on
November 1 and 8, 19B1, as evidenced by Affidavit of publication filed
with the Clerk, pub~~c hoaring was opened to consider a petition filed
by Collier Development Corporation, to vacato ccrtðin eoscments in East
Noples IndustriÐl Park
Public Works Administrator Clifford Barksdalo outlinod the
information within the Executive Summary dated 11/~/Ol, includinq the
fact that the Enginoerlng Deportment has inspectod the subject p~rcels
and revicwed tho p~titlon. He said that it has been determined that
tho eðsements arc not rCQuired for d rid nðge purposes and added that the
petitioner hðn .:.og reed to grllnt drainage ellsements to the County from
the southwest lake In East Na pl e 8 Industri"l Par k to the Gordon River
and between Lots 28 and 29 a~d the northerly l3 feet of Lot 29 as well
as grðnting a consideration to Collier County for acquisition of lands
owned by Co~llcr Development Corporation necessary for tho four-lðning
of Pine Ridge Road.
Commissioner Wenzel movod, soconded by Commissioner pistor and
carried unanimously, that tho public hearing be closod.
Commissioner Orown ~oved, secondod by Commissioner Kruse and
carried unðnlmously, that R~solution 81-244, vðcnting certain easements
in E~st NapIeø Industrial Park, Collier Development Corporation, be
odopted and the relative eðscments bo recorded.
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November 17, 1981
bC:~ 066 PAci146
CITIZEN'S SP^CE COMMITTEE REPORT ~CCEPTED, RECOM~END^TIONS FOR COURTS/
JUDIC I^L SPACE NEEDS 1\PPROVED WI'I'H TilE ^DDJTION OF ^ PROVIS TON RE
l-.DDITIONl\L SPl\CE OEIHG !:jEtLED IN FOR FUTURE USE WHEN DETERMINED
NECESS^RY: REM^TNING RECOMMEND^TIONS APPROVED ^R PRESENTED
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Administrative ^Bsistðnt Neil Dorrill Qxplðined that, pursuant to
the Citizen's County Government Expansion Program Space Study Committee
on August 25, 19a1, wh~h recognized the need to expand the Govcrnment
Complex and supported the Hoard's action to plan the exp~nsion for a
period of no less thðn ten (10) years, there were cera in areas which
required additional study, including the followingt
l. Courts - (number of judges and courtrooms.
2. Clerk of Courts - (personnel projections)
3. State Attorney - (personnel projcct,iorIß)
<1. Supervisor of Elections - (perRonnel projections)
5. Co1feteria - (need and use of facility)
6. Museum - (need to exp~nd)
7. Motor Pool (scope ðnd intended use of fðcility)
Mr. Dorrill stated that, bec~use of the need to complete the
Program as a bðSls for negotiating the Owner/^rchitect ^greemcnt, thele
issues were left unrcstlved and the Citizen's Space Committee hðs
subsequently researched each area. Mr. Dorrill introduced Mrs. Betty
Gal~sik, Committee Vice-Chairman, who made presentation of the results
0' the Committee's recommendations for each of the the ðbovr-refcrenced
areas. He referred tho Board to the Executive 5ummary, dated 11/lO/81,
which more fully details the Commltteo's specific recommendations.
Mrs. Galasik read the contonts of ð memorandum, datod 11/17/81,
from the Citizen's Space Committee, a copy of which was submitted to
the Deputy Clerk, for the record. Chairman Wimer extended the Board'.
appreclation and thanks to all the members of the Citizens' Committe.
for their Qfforts and a discussion ensuod r~gardin9 the Committee'.
recommendation regarding the numbers of Judges and Courtroo~s.
Commlss10nar Piator roferred to ð letter from tho Judges which
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Novembcr 17, 1901
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contained an objcction to the subject recommendation, specifically that
there arc two less courtrooms plùnncd than number of JudgeB. He said
that tho Ju,dges are recommending one lIddltional courtroom, thu8
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planning fo~ eight Judges and seven courtrooms. This was ðddrðssed by
Mrs. C~lasik who stated that it was the consensus of the Committee that
thore arc alternato arcas, such as the 400 sq. ft. hearing rooms, that
could be used in lieu of a courtroom, from time to time, cspecially if
thor~ is to be no 1ury involved in a particular casO. She said that
the Committee fclt that a substantial amount of money could be savcd if
this were to become a prðctlce. She said that the Committee r~cognizes
that tho Judges do not agree on this recommend~tlon, however, ~hc
stated that she does not feel that their function ~~s to simply "rubber
stamp" every request that came before them, rather, their
responsibility was to w'eif~h the fðcts and study the issues involved lInd
make their own recommendations based on tho data boforo them. Mrs.
Galasik explained th~t the Committee based their projections on the
ðntlclpated populDtion over the next ten years, whereas, the Judges
based their projections for space upon numbers of cases. Commissioner
Plstor noted that one areð that has lod to a backlog of caseloads and
overcrowding in the jðil is that thero is not sufficient numbers of
cases being tried and that, perhaps, an Incrcased numbor of courtrooms
would help allev1.'Ite this problcm. Count~, Mannqer Normðn stðted that
the rocommendation [or SpðCO for the Judicial areas Is based on the
same ratio or Judgns to courtrooms as is presently being used. Th.
discussion continued, during which Chairmðn Wimer stated that h. ...s
the wisdom or constructing more space than may seem necessary for
certain areas and he refcrred to the fðct that the entire fifth floor
of the present Complox was vacent when It was constructed nnd io now
'io~~ 066 ~A~t147
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Novembor 17, 19B1
M~~ GOO PAc¿148
filled to cap~city. He remðrked on the money that was saved by not
having to construct ~n entiro floor when the t1~c c~mc thðt the ~p~co
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was needed. Comminsioner Brown concurred a8 did Commissioner pistor,
who suggested th3t porhaps tho Court area could have ðddition~¡ ~þac.
"shelled in" for use as a courtroom when this 1s deemed noccssary.
1\fter further discussion, Commissioner pistor moved, seconded by
Commissioner Wenzel and carried unanimously, that the Citizens' Space
Committee's roport and recommendation ,that sufficient space for eight
Judges and six courtrooms, be approved with the ðùdition of ð provision
that additional space be ·shelled in" for future use when determined
neceSSlHY,
Commissioner piator moved, seconded by Commissioner Kruse and
c~rried unð~imouslYI that the Citizen's Space Study Committee
recommcnùðtiona regðrding the remaining six Arcos of concern, (Numbers
2 through 7) be approved as presented.
* * *
RECESS - TIMEI lO:OS ^.M. - lO:lO ^.M.
Co~mlGsloner Kruse was not present whan the meeting reconvened.
. * .
SYTE (.3) ^N UNDEFINED PARCEL IN THE VICINITY OF IMMOI<^LEE ftND AIR PO R '1'
RlJAD~ WEST OF' THE 1-75 INTr.RCIIANGE - ^PPROVED AS THE FUTURE SITE FOR
THE COLLIER COUNTY JUSTICE CENTER
Mr. Curtis pulitzer, Project Planner, representing the joint
venture of Ross/Ehrenkrantz, (A, Ehrenkrantz Group ðnd II. J. Ross'
^ssoclates) referrud to the Master Plan offort for the neW Collier
County Govcrnment functions ðnd presented a site analysis for future
developmont of tho Collier County Justicø Center.
Mr. Pulitzer stated that, under their mandate fro~ tho 80~rd of
County Commissioners, they wore to review a serios of sites, including
the existing Collior County Covornment Complex and it. adjacent
PI98 lfi
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NOVÐ~or 17, 1981
propertios that are available for purchase and any other additional
parcels which the County was to identfy for them for purposcs of
evaluation. He outlined the possible sites, including ð parcel known
as the Gran property, off of SR-951 ftnd the adjacent property owned by
the School Ooard, an unidentified parcol which would be located on
SR-951, approximatoly 5 miles east of the Courthouse, south of
Alligator ^lleYi ~ parcel near the intersection of Immokaloe and
^irp01L Roads, went of th~ T-75 interchange, II miles north of the
Courthouse 1 the County Barn Ro~d site owned by tho County; and a parcel
of lð~d direcLly across the streot from tho county Complex.
Mr. pulitzer stated that, b~sed on 65 "threshold" crit~ria
developed by his firm, the County Oðrn Road site and tho property
directly acrosS the strcet from the present complex were eliminated.
He outlined the characteristics of each viable site being considered,
including the present County Complex sitc which is 30 ðcrcs. He said
that no County Erecutive or ^dminlGtrative offices will be moved out of
the present complex, rather, th~ new site will house the Cri~inðl
Justico functionG including the Jail, the Sheriff's ~partment, tho
Courts, the Public Defend~r, the State Attorney and the judicial
functions of the Clerk's Office.
The second slte rnferred to was the 12.2 acres of land immediately
adjacent to and located behind th~ complex, which is actually IS portion
of a larger assemblagc of property available for purchase. Ho said
that the pro8crlt site of the complex and the ðdfàcent sitc of 12.2
acres arc only large enough to accommodato tho required space for the
15 year buildout and will not be able to absorb further expansion.
Thorofore, he ~xplained, largor tracts wero identified so as to afford
futuro oxpansion capabilitios, including the aforementioned 12.2 acres
th):( 065 fACt 149
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and additional land on US 41, imm~di^lQly to the side of the prosent
complex which would tot~l 5~.açres for the compl~x. hnother site was
doscribed as that 12.2 acrc trðct and an ~dditionDl 20 acres of
property directly north of the present complex, which would yield the
County ~2 acros total for houaing tho complex and the County Justice
Center ~nd provido for ðdditionðl expansion in the future.
Referring to sites ~w~y from the prp.sent complex, identified by
the County, Mr. pulitzer outlined the Gr~n property, along US 41, near
the Int~rsection of Route 951, which is 68 acreS in size tho 92 ncre
parcel which is owned by the School Board which is considcrcd for
acquisition, pcrh~p5 in combination with the Gran porperty; an
identified parcel of ~pproximðtely 40 acres along Route 951, south of
Alligator Alley which i5 pre~cntly in private ownership and wuuld have
to be purchased; and the 1ðst property identified by the County, which
is the undefined 40 acre p~rce1 to be locðtcd near the intersection of
Immok~lee ~nd Airport Roads.
Mr. pulitzer stated that the original criteria w~s th3n
re-evaluated and nine k~y criteri~ was developed and each of the
above-refcranced gites were considcred again, based on ~xpJnsion
potential; corrections design and operations of the jail; land use
compJtibilitYI cost of development; c~ntral loc~tionl land ~vail-
ability; proximity to present complex; minimal adverae environmental
imp~ctl ~nd availnbi1ty of utilities. Mr. pulitzer stated that based
on these key criteria, the sites were prioritizeð numerically. He
added that, at this point, e~ch silo w~s ovalu~ted ~ccordin9 to the
approximJted cost of purchase/acquisition and the prioritized list or
Sil~S was established as follows!
Pago 18
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1. Gran Property - No cost
2. 95l site ($240,000)
3. 84õ site (~OOO,OOO)
4. County Complex Dnd altor~te prpoerty 13 (U.S.~1 proporty)
($3,4(;5,000)
5. County ~omplc~ðnd alternato property '4 (property east of
complex) ($~,8jO,OOO).
Tho above-referenced prioritized list was considered by tho ßoard
and discussed at length, during which Commissioner Wenzel stated that
he does not know why the Board is not considering adding additional
floors to all of tho existing buildingn at the complex instead of
purchasing more property. This led to ð discussion of the cost of
construction of elevated pnrking g~ragcs versus the cost of developing
parking lots on the gr~und, in an effort to examine the possibility of
requiring less land space t~ accommodate Ruch parking. It was pointed
out by Mr. Zimmerman, one of the project architects, that it will cost
cpproximately $7,000 pcr parking spot for elevated garages and only
$350 per spot for n parking lot, therefore, the cost of land would
probably not offset the cost sðvings of developing ground parking.
Commissionur Brown expressed his approval of Site 13, noting that
a Fite In the vicinity of Airport and Immok~leQ Roads would be the most
centrallylocðted, offering easy accOSS to the residents of the
Immok~lce area ns well as North Naples and Golden Gate where high
growth is projected.
* * .
Commissioner Kruse entered the meoting in
progress at this timel lOl22 ^.M.
* * .
Mocars. Dorill, Norman and pulitzer requ~sted that tho Board
choose ft site for tho County Justice Conter, upon which direction may
bo taken for the development of a Master Pll1n. .'~ When asked if the
operntionø of his office would become ndv~r5~ly affected due to the
'M~ 066 FA~t 151
p"ge 19
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November 17, 19A1
~oo~ (}t){) FAC¿:Lt)~
proposed soparate housing of this aroa at a site some milos from the
remaining functionD of his office, Clerk Reagnn stated that, in light
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of tho coat of "and close to the existing complex, he cannot rccommond
that this be a consideration and he assured tho Board thnt his office
could make the necessary adjustments.
After further discussion, Commissioner. Brown moved, seconded by
commissioner Wimcr and carried 4/1, with Commissioner Wenzcl opposed,
that Site '3, an unidentified pnrcel of approximately 40 acres to be
locatednneaf the itersection of Airport and Immokalee Roads, be
approved dä tho futuro site for the Collier County Justice Cent~r.
Commissioner Wenzel clarifiod his neg~tlve vote by stðting that he is
opposed to all of the sites, with the exception of the Gr~n property
which is presently owned by the County.
MORITORIUM WAIVED ^ND SUnMISSION OF ^PPLIC^TION FOR PROV1S0NAL USE FOR
BORRO'.of PIT FOP. THE CONSTJ1UCTIm OF 1-75 BY \'/r.ITE CONSTrWCTION CO.
AUTHORIZED
Commissioner Brown requested thnt the Board consider a requost by
Mr. J. Lorenzo Walker regarding an exception to the moritorium related
to the acceptance of provisional UB~ applications at this point in
time. Chairman wimor asked if ther~ wero any objections, ðnd upon
noting th~t none wore forthcoming, he called upon Mr. Walker to explain
his request.
Mr. Walker stated that he in representing White Construction
Company which has the contract for the first two segments of I-75
extending from ^lligator Alloy back to tho north. He said that, in
order to operato ð borrow pit for fill for the project, thore muat be
an exception grantod to the moritorium presontly imposed in Collior
County so that an application for the related provisional use may be
'ð9. 20
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submitted. Ho requested that this ðpplication be Accepted by the
Community Development Division, noting thðt a delay until January 1982,
when it is anticipated that the moritorium will be lifted, will be
costly both to the subject firm and to the county in that this will set
back the timetable for construction of a project which has been
anticipated (or many years. 1\150 requested was that, if the
application is ðuthorizðd for submittal, it be ftllowed to bypass some
of the agencies and/or advisory boards in an effort to speed up the
permittinq pro~es9.
Community Development AdmlnistrDtor Terry virta stated that the
only bodies that could be "bypassed" regarding' petition for ~
provisionlll use would the EAC and the WM^ß. 11owever, ~Ir. virta added,
it is his opinion thðt this kind of opcrðtion roally roquires closo
scrutiny by both of these bodies.
Upon gaining clarificntion that Mr. Walk~r is simply requesting
permission to make an application of his petition, Commissioner Kruse
moved that an exception to the moritvrium be granted and that
submission of the subject petition be authorized. Commissioner pistor
seconded the motion which carried 4/1, with Commmissioncr Wenzel
opposed.
Chairman Wimer requested that the staff expedite the application
to the degroe possible.
C^RNIVAL PF.RMIT IRl-5. RE PETITION C-Ol-4-C, SUNRISE ^C^DEMY, PER-
MITTING TilE SPONSORiNG OF TflE CLYDE ßE^TTY CIRCUS ON NOVEMBER 2fi, MID
27, 1901, ^T TilE f,W1\MP BUGGY GROUNDS - ^PPROVED FOR ISSUANCE, W^IVING
THE PORTING OF A SURETY BOND, TilE FILINC FEE, "ND THE LIST OP'
P^RTICIr^NTS WAIVER OF OCCUPATIONAL LICENSE GRANTEO 11 3 ~l
Zoning Director Jeffory Perry stated that Petition C-81-4-C, filed
by Sunrise Academy, requosts a Carnival Permit for the ClydO Beatty
'01):( 066 t,\f,i 153
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066 15'A November 17, 1981
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Circus which they are aponsoring. He sðid thÐt tho circus would be
hold on November 26 and 27, 1981 nt the Swamp Buggy Grounds.
Mr. porry stated thðt the petitioner is requesting waiving of the
posting ot a Surety Bond, tho payment of an application fee and
submission of the names ðnd Social Security numbers of each person
responsible for the activities. He said that the obtaining of an
Occupational License was waived by emergency action of the Board on
11/3/81.
Mr. rcrry said that he is prepared to recommend approval of the
is:wlIncc of tile requested pormit, including the waiving of the posting
of a surety bond and the payment of tho filing foe. He said that he
did not consider it necessary to have the nðmes ðnd social security
numbcrs of all the pcrformers of the Circus, however, a list of the
names ~nd Social Security numborß of those persona responsible for this
area of the Circus has been submittcd and is acceptable to tho Zoning
Dopartment, thereforo, he is recommending thnt rurther lists of
participants be waived.
Commissioner Brown. moved, seconded by Commissioner Xruse and
carried un~nimously, that ~he staff's recommendations regarding waivers
for petition C-81-4-C bo accepted ~nd Carnival Permit 'Sl-S bo approved
for issuance.
Pogo 22
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No~omber 17, 1981
MO~ (166 p,,~¿15'ß
BOflRD CERTIFIES FEE APPRflIf,ERS ^ND COUNTY ENGJNEE~ flUTlIonIZED
NEGOTI^TE ^ND EXECUTE FE~ ^PPR^ISER ^GREr.MENTS WI1M EACH
..
TO
Public Worka Administrator Clifford Barksdalo outlinod the
information within the Executive Summary r~garding his recommendation
that the following list of Fee Appraisers bq certified as qualified to
appraise various Public Works Division acquisitions, adding that the
list has been updated sinco tho Executive Summary was printed:
1. John M. Calhoun, Fort Mycrs
2. J. E. Co r roll, RM, SR^,' Naples
3. David S. Cross, f>REA, ClIpO Coral
4. W. Stanloy lllInson, Jr., M^I, SRPA, Fort Myers
5. R. A. Iozzi, IF^C, Fort Moyors
6. Don~ld R. Johnson, AS^, SR^, RM, NapIeR
7. Willis E. Kuahman, MAl, Naples
8. Theodore M. Morgan, MAl, SRPS, West Palm Beach
9. RichðrJ P. Webster, fiRA, Naples
10. Robert G. Vielc, M^T SRE^, Naples
11. Stewort & Stopht!n, Inc, ^ppraising Firm, Fort Myors
Commissioner pistor moved, sccondcd by Commissioner Wenzel and
carriod unanimou~l~', that tho ~bove-refQrenc~d list of foe appraisors
be certified ðS recommended by Mr. Barksdðlc and that the County
Engineer bo authorized to nogotiðte and execute Foo ^ppraiser
^qreements with oach.
~ITE "D" (380'DOWNSTRf.^M FROM THE r^LM RIVER BOULEV^RD BRIDGE) APPROVED
FOR TilE LOC^TION OF TilE PROPOSED W^TE~ CONTnOL STRUCTURE AT THE
COCOI1^TCIIEE CAN^L¡C.R. 84(,
Public Worka Administrator Clifford Barksdale stated that, during
its moeting on October 23, 1981, the Big Cypruss Basin Board
considertud the feasibility of installing the weir structure for the
Cocohatchee Canal in conjunction with tho Palm River Boulevard Bridge.
He reported that, after hearing comments from the public, tho BCBB
concurred with the staff recommendation that the structure would not be
compatible with the bridge and reaffirmed ita previous recommendation
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that the structure be located approximately 380 teet downstream from
tho bridgo, i.e Site "0". He said that tho reasons for not l~catin9
tho structure at the bridge arc fully detailed within the letter from
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the eCBB, dated October 28, 1901, which was submitted as p~rt of the
Executivo Summary.
Commissioner pistor moved and Commissioner Brown seconded the
motion that Site "B", as describcd by Mr Barksdale, be approved for the
loc~tion of the wðter con~rol structure for tho Cocohatchce Canal,
along with the fence, screening and proper landscaping.
Mr. noy Johnson, representing the Pðlm River lIome OwnorÐ "SSOC.,
spoke in oppositi~n to the placoment of the structure at Site WB". He
reforrcd to ð letter received by the BCC on ^ugust 28, 1981 in which
his organizntion stated that they were opposed to locating the subject
weir on Palm nlver property. He also referred to Dðge 3 of the BCBB
minLotes of March 27, 1981, which indicates that Mr. Stl'lnley lIole asked
Mr. lIiggines of the engineering firm of Gee and Jenkins, whore the best
location would be for the structure! and Mr. Jenkins replied t.lat,
.technically, tho best location would be at th~ most western end of the
canal and there would be some lOBS of benefit if it were to be movod
upstream". 110 also referred to page S of the finl\l engineering report
which reads ·concorning this upper location in front of Palm River, in
consideration, some consideration wðS given to grouting the canal banks
betwoen tho two structure locations." Mr. Johnson said that thia
indicaten ð need for ð concreto aquaduct and went on to say that tho
roport continues to explain that the purposo of the grouting would be
to prevent any bðnk seepage losses that would occur if tho structure is
located to the upstream or the Palm River entrance location. He aald
that the report 111.0 indic"tu. that the cost would bo too oxcessive and
þ
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Novcmbe~ 17, 19B1
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the grouting would reduce tho seopnge loss only by aproximatelY
50\-75\.
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Mr. Johnson stated that tho salt water intrusion is occurrin9 in
the wast end of this canal ond, if salt water intrusion is tho main
purpose of this structure, then, the original location recommended by
Gee and Jenson at the west end of the canal should be the site of the
weir.
upon call for the question, tho motion to select site "B- carried
3/2, with Commissioners Kruse and Wenzel opposed. Commmissioner Kruse
requestod that the record roflect her stntemcnt that she is unalterably
opposed to the need for this weir and to the lack of notification to
the potentially affocted land owners upstream of the proposed location.
17.5 FT. ROAD EASEMENT ^LONG THE SOUTH SIDE OF MTTLESNAI<E H^MMOCK ROAD
FROM PEPPf.n\~OOD DEVELOPMENT COMP^NY - ^CCEPTED FOR RECORD1\TION
Commissioner plstor moved, seconded by Com~isDioner Kruse and
carricd unanimously that, pursuant to the stipulation within petition
R-79-40-C, the 17.5 foo! road easemcnt along tho south side of
Rnttlesnakp Hammock Road bnlng conveyed to the c~unty from Pepperwood
Development Company be accepted for recordation.
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November 17, 1981
~:,
^MENDMENT TO TilE J^NUARY 29, 19f10 AGREEMENT WITH THE COLLIER COUNTY
CONSERVANCY FOR MONITORING THE N1\PLES DAY, EXTENDING SAME TO JANUARY
28, 1902 _ AUTIIORIZEO'F<1'h EXECUTION, FISCAL OFFICER DIRECTED TO pnr.rARE
THE NECESSARY nUDGET AMf:NDMENT
County Manager Norman explained tha~, duo to an oversight, the
existing Agreement with the Collier County Conservancy for monitorin9
the Naples Bay was not renowod, extended or rewritten, although it was
spccificnlly approved during the formation and subsequent ftpproval of
.
the budget. He said that the County is now faced with the situation of
the work having becn completed nnd needing authorization for formally
qualifying the matter from a legal perspective. He said thðt the
proposed ^grccment aß submitted as p"rt of the Executive Summary, dated
Noverr,::Jcr 5,1981, will Dmend l'nd formalize the Agreement of January 29,
1980, by extending the Agrcement (l900-81) for another l2 month period
up thro.Jgh and including January 28, 1982 (1981-82).
County M~nger Norman requested that thn Chairman be authorized to
sign the 1981-ß2 Naples Day Monitoring Agreement as outlined above and
that tho Fiscal Officer be directed to pruparo an appropriate Budget
Amendment.
Commissioner Kruse asked for clarification as to the dates
included in the proposod Agreement and County Manager Norman said that
tho Agreement spocificðlly outlines that it covers the poriod from
J ð n u ð r y 2 9, 1 9 0 1 through J II nUll r y 2 8 , 1 98 2 · ,tt'
bol n9 c:::: S::: ::: I:: n ::: :: ::: n:' ~ u:·:; ::::.:.:0: ::h m::: :::::9 ~:. "
:::'::.:::: l::"'::X':::: ::::.::1::1:: ::0$::::::: ::w:::::n:h:~t ~i
subject ^9recment relates to the socond appropriation of $12,000, .o~.
of which is a1rþ.ady committed for work completed and not paid for ðf.: >
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this time, spocifically that poriod from February 1981 throu9h
Septembor ~l9ßl.
Commissioner Brown movod to accopt the staff recommendation
the subject ^grceement with the Collier County Conservancy be extended
for tho period of January 29, 1981 though January 28, 1982, and that
tho Fiscal Officor be directcd to preparo the appropriate Budget
Amendment. Commissioners Pistor and Kruse seconded the motion which
carried unanimously.
n
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November 17, 1981
"
ùR1\tJT l\PPI.ICATION RE CONTRACT FOR THE tlOMEM^,(ERS SERVICE FROM TITLE
lll-B OF THE OLDEn AMEnIC1\NS 1\CT OF 19~5 ^prROVED FOR CH1\IRMl\N'S SXC-
N^TURE; COMMITMF.NTS OF CASI1, BUILDING SP^CE AND IN-KIND PERSONNEL -
APPROVED
Commissioner Wenzel moved, secondod by Commissioner pistor ðnd
carried unanimously, that the grðnt application regarding the contract
for the 110memakers Service from Title 111-8 of Tho Oldor Moricanl 1,ct
of 1965 be authorized for the Chairman's signaturo and thðt the
rolevant commitments of cash, building space and in-kind pcrsonnel be
ðpproved.
Pe9 e 28
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Novombor 17, 1901
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IN-'IOUSE PROFESSION^L fiERVICES RE B^YVIEW P^RK DEVELOPMENT ^UTnORIZED
, '/
County Manager Norman outlined the inform~tion co~tained within
the Exocutive Summðry, dated November 13, 1981, related to the
"in-house" professional engineering services ro tho development of
Bayview Park, adding thðt it is his recommondation that the in-house
pcrsonnel be utilized for this purpose. 110 said that it must be
recognized that the County will have to seek outside help with certain
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areas, i.e. electrical, howcvcr, the one conccrn that he did hðve
rolated to the cont of in-houAe work not being ~blo to be charged
against thc $200,000 grant has been satisfied because the actual cost
of the project will exceed the grant funds Jnd, thercforc, the use of
in-house pcrsonnel will Sð,!e t'he County money.
Commissioner Wenzel asked if the CGunty i~tends to keep the
project closc to the $200,000 allocðUd through the grltnt and Mr.
Norn.an said that the progrDm, as has b~~n budgeted, \o'as consistent ....ith
ð $300,000 progr~m, the balance of whIch was to be mðde up from the
Boating Imprpvemenl Funds. He said ~hat the funds ðte available for
tho project..
Commissioner Bro....n moved, seconded by Commissioner Wenzel and
carried unanimously, thðt "in-housc" professional cngineoring servl~es
be utilized for the desIgn work for the Bðyview Park ~velopmcnt.
County Monðger Norman reported that he has asked the staff to
investigate the possibility of utilization of property which is
presently vacant, located on tho north side of Bayview Park and, also,
a parcel directly acrosa the canal, for tho purposo of long-range
"
planning for expansion of the subject park. Commissioner Wimer asked
if tho property owners are being approached and Mr. Norman stated that
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Cha 1r~an
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November 17, 19B1
M~~ 066' rACi 176
Wimer asked if thore wero any objections from the members of the Board
that the staff investigate thie mattor and he noted that none were
forthcoming.
CHANGE ORDER NO 3, DATED MAY 20, 1981 RE MARCO SEWER PH^SE I IMPROVE-
MENTS NULLIFIED, CHI\NGE ORDERS '3 (I\MENDED), 4, AND 5, RE SAME PROJECT
_ I\UTIlORIZED FOR ClIl\IRMAN's SIGNATURE
Utilitios Manngcr Irving Borzon referrcd to the information
outlinod within thc Executive Summary dated 10/16/8l, related to the
three (3) Change Orders which ho is requosting the Board to approvo for
execution relevant to the Marco Scwor Phase I Improvements in order to
"clenn up· the ðctual quantities that woro utilized in the constructio~
of the project.
Referring to chango Ordur no. 3, datcd MdY 20, 19B1, Mr. Borzon
e~plained that this Change Order in the ðmount of $6,000 for revisions
to the air intake and circulation system within the air blower stations
was based on an estimate to install float valvos in each station. He
said that, subsequent to the approval of this Change Ordr.r, the
engineers determined that the float valves would be moro costly and
provided a less certain method of rreventing flooding. He recommended
that this Chango Order be nullified at this point in time and replaced
with an ðm~nded Chðngo Order '3, which rcflects revisions to the Air
Blower Station superstructuro (12 stations) and represents an increase
of $6,492.58.
Refcrring to Chango Order No.4, Mr. Borzon explained that this
roflects increases nnd decreases of various contract items, including
pipe, manholos, etc., and reprosents a net decreaso of $31,046.54.
".
Poq e 30
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November 17, 1981
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Referring to Change Order No.5, Mr. Borzon explðinod that this
,roflects additional driveway restoration, conflicts with existing
utilities, remobilization due to delays caused by utility conflicts ðnd
additional soil testing recommonded by tho engineers and represonts a
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net incrcðse of $25,766.07.
Mr. Berzon stated that the not affect of tho nullification of the
aforementionod Chnngo Ordor 13, dated May 20, 1981 and the Changa
Orders '3 amended, 14, ftnd 15 is an additional $l,2l2.1l to tho
construction contract cost resulting in ð total construction contract
cost of $1,767,244.23.
Mr. Berzon statcd that the subject projcct is now in operation and
that there are approximately 150 applications that havo been made to
date with npproxim~tely 55 nctuðl connections having boen made. He
Baid that, while there are n few minor outstanding complaints that are
bei~g Invcstigntcd and some monies are boing held back from the final
pay estimato for that purpose, tho ðforementioned change orders will
finalize the project c'lnd pormit 'the finalization of the total
assessment costs for the entire project as well.
Commissioner pIBtor stated that he docs not consider the
outstanding complaints as "minor" and referred to them as -major". Mr.
Borzon concurred, and clarified his earlier remc'lrks by stftting that he
was referring to amounts of monic. involved and not tho specific
complaints. Commissionr.r pistor requested more clarification an to the
nullification of Change Order '3. datcd May 20, 1981, as outlined
earlier and Mr. Berzon stated that his intcnt is to replace tho
original Chango Order 13 with the amended Change Order '3, and referred
to this measuro as ð matter of bookkoeping.
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066 PACi,178 November 17, 1981
Boa~
Commissioner Wenzel Asked if suCf i<:1ent funds are be 1 ng withhelù
to insure that all complaints will be s~tlsifed before f1nðl payment, is
to be made? Mr. Borzon replied ðffirmðtlvely, noting that Commissioner
Pistor's concorn is with the elevation at which a lift station waS
constructcd and not with the kind 0 f a complaint for which funds aro
being withheld. He said that Commissioncr pistor's complðint is
directed at thc engineer rather thðn at the contrðctor. Ho sðið that
the lift stl3tion to which Commissioner' pistor is referring was placed
at tho elevation as outlined by the enginccr in the porscribcd manner.
Therefore, said Mr. Berzon the contr~ctor is not at fault and payment
cannot be withheld to him for following the engineer IS specifications.
He said that the engineer is the one who approved tho elevðtion and
that now presents a different kind of problcm in that ~ ~ethod for
~dropping" that Gtðtion must be determined. Mr. Berzon statcd that
this in no way aff~cts tho pðyment made through Change Order 'J,
(nmendcd) to the contractor. Mr. Bcrzon stntcd that he is holding back
approxlmutely $7,500 from the final pay ostimate to settle complðints
other than those related to the elevation of the lift station,
speci~ically, certain driveways which wore replaced aftor inøtðllation
of lines nnd ðo not meet the approval of the ownors.
Upon concluolon of discussion, Commissioner pistor moved, second~
by Commissioner Wenzel and carried, that Change Order '3, dated May 20,
1981 representing ~n addition of $6,000.00 be nullifiod; that Change
Ordor 13 (!\mended) reprosenting an addition of 56,492.58 which results
in thc contract total Including this and previous Chango Orders
incroðsing to $1,772,524.70, bo approvedl that Chnnge Order '4,
represcntin9 Increasos and dccrcðses which total a net decrease or
$31,046.54 re.ulting in tho contract total 1nc1udin9 this and previous
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Chan90 Orders decreðsing to $1,74l,478.1G, be approved and, that
-
Chango Order '5, representing increases of $25,766.07 which results in
the contract total including this and previous Chango Orders increasing
to $1,767,2~4.2), also being approved.
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November 17, 1981.
&OO~ 066 PACt 180
\-1^TER F^CIt..tTIEG Fon TIlE MJCIIOMGE, VANDlmDILT DEACII DRIVE, ACCEPTED,
SUBJECT TO SUBMISSJON OF ^PPROPRIATE DOCUMENT^TION
Utilities Manðger Irving Berzon stated that he has been roquested
by the developer of The Anchorðge to accept the water facilities in
order that the water connections may be made and construction of the
development completed. He said that the wðter facilities are finished,
however, he has not had tho opportunity to study all the documontation
'at this point in time. Ho said that he is recommending that the
subject water fncilitioB be accepted for recordation by the County,
subject to submission of all the appropriate documontation.
Commissioner Pl~tor so moved, seconded by Commissioner Kruse and
carried un~nlmously.
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LE^SE FOR OFFICE SP^CE IN THE GOLDEN GATE ARE^ FOR USE AS A SHERIFF'S
DEPARTMENT SUBST~TION ^UTHORIZED FOR CHAInM^N'S EXECUTION
County Attorney Pickworth stated that he prepa~ed tho propoood
lease for office spnco in the Goldon Gate area for use as a Sheriff's
Substation as submittcd within the Executive Summðry, dated 11/9/8l.
110 s"id that he is not in a position to comment on the need for the
substation, howevcr, he did outline various elements of t~o leðsQ
agreoment including tho rcnt which will be $450 per month for 650 sq.
ft. Chairman Wimcr asked if these funds wore budg~tcd within the
SheriCC's DQPùrtm~nt nod Deputy Chief nnymond Darnett repliod
a Cf i rmativel y.
Commissioner Pistormovod, sccondod by CommissIonor Wenzel lInd
carried unanimously, that the lease for office space in the Golden Gate
arca for use as II Sheriff's Departmont Substation be authorizcd for the
Chairman's execution.
,oc~ 066 wi181
Pa9. 3!1
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Novembcr 17, 1981
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EMERGENCY DECLARED, EMERGENCY ORDIN^NC~'NO. 8l-73 ^DOPTING THE
^D^NDONED PROPERTY POLICY ^DOPTED; ^BANDONDED PROPERTY POLICY'S
ADOPTION RF.AFFIRMEO.
Commissioner Wonzol moved, seconded by Commissioner Kruse And
carried unðnimously, thðt an cmergcncy be decl~· ed for the
consideration of the adoption of an emcrgr.ncy ordinance re Collior
County Ab~ndoned Property Policy
County ^ttorncy Pickworth stated that he hns submitted copies of
tho proposed emergency ordinance to each of the Commissioners and that
it tracks the State S~ðtutes on this subject. "Xe~ping in mind that
the Ordinance relates to the subject of abandoned property", Mr.
Pickworth added, ".t tracks the definition as outlined in the Statutcs,
which is essentially personðl property which has no value other than
nominal salvl'lge value." He said that the ordlnðnce provides a
procedurr. of notification and subsequent removal of this property in
order to got it off of priva~e or public property on which it is round.
In answer to Chairman Wlmor, Mr. pickworth stated that this
ordinance ccincidcs with the Abandondr.d Property Policy adopted last
woek by the Board. He also stated that some of tho things that woro
not included in th~ Policy ~hich r~qulro being ordained ftre covered in
tho Ord inanco. lie sa id that the Policy covers those IHCð8 which
outline the manner in which these abandoncd vehi~les are to be removed,
i.e. by towing and wrecker contractors. He asked that the Policy that
was adopted last week be readoptod because those provisions that
require ordinantion havo beon omitted and will be a part of the
relevant ordinðnco.
Co~miBBionQr Wenzol moved, seconded by Commissioner Pintor and
carried unanimously, that the adoption of Collier County Abandoned
Vehicle rolicy be ro~ffirmed, as outlined by ~ho County Attorney and
&OO1( 066 PACi199
P&98 36
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Bca~ 066 FACt 200
Novembor 17, 1981
that tho Orðin~nco as numbered Ðnd entitled below be adopted and
~ntcred into Ordinance Book No. 13.
ORDINANCE NO. 9l-73
.a.N EMERGENCY ORDINANCE RE~TItJ" TO 1\B^NDONP.D
PROPERTY IN COLLIER COUNTY, FL~RIDA, DEFINING
TERMS, PROVIDING FOR PROCEDURES, PENALTIES, THE
EXPf.NDITURE OF COUNTY FUNDS, FOR SEVERABILITY AND
PROVIDING AN EFFECTIVE D^TE
ROUTINE BILLS - P^ID
Pursuant to Resolution 81-150, the following checks were issued
through Friday, November 13, 19A1, in pnyment of routine bills:
F'l 1980-81
^CCOl1NT
CHECK NOS.
AMOUNT
County Checks
l4046 - 14048
FY 1901-B2
$
25,702.10
CET^ P"yroll
County Checks
8100 - 8229
656 - 814
5,8i13.23
1,312,377. ')7
SPECIAL BILL FOR ^NNUAL MEMBERS/lIP FEE TO ECONOMIC DEVELOPMENT COUNCIL
OF COLLI~R COUNTY, INC., FOR FY 1981-82 - APPROVED IN THE AMOUNT OF
$1,000.
Commissioner pistor moved, soconded by Commissioncr Kruse and
carricd 4/1, with Commissioner Wenzel opposed, thnt the spaciðl bill
for annual membership to Economic Development C~uncil of Collier
County, Inc., for FY 1901-82, be paid in thc ð!!lOunt of $l,OOO.
RESOLUTION 8l-245, ESTABLIDIIING COUNTY DEPOSITORIES ^ND AUTHORIZING
SIGNATURES - ADOPTED
Commissioner Wenzol moved, socondod by Commlssionor pistor and
carried unanimously, that Resolution 8l-245, establishing County
Dopositories nnd ^uthorizing slgnaturos, be ðdopted.
P&90 37
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&~~~ 066 PÂL¿ 202
cO~1~'WSIONER WIMER APPOINTED AS DCC REPnESENTATIVE ON SOUTIiWEST FLORIDA
REGION^L PL^NNING COUNCIL
Chairman Wimer requostcd nominations for appointment to the
Southwest Florida Regional Planning Council and Commissioner Wenzel
moved to appoint Commissioner pistor. The motion died for lack of a
second.
Commissioner Brown Moved to appoint Chnirman Wimor and
Commissioner Wcnzel secondcd the motion which carried un~nimous1y.
CERTIFIC^TE OF CORRECTION TO THE TAX ROLLS, 1\S PRESENTED BY THE
PROPERTY APPRAISER'S OFFICE - AUTflORIZED FOR EXECUTION BY THE CHAIRMAN
Commissionor Wenzel movc~, seconded by Commissioner pistor ðnd
carried unanimously, that the following Certificates of Correction to
the T~x Rolln, ~s presented by the Property Appralner's offic~, be
authorized for execution by the Chairman!
1971) TAX ROLL
NUMBERS
D1\TES
652 - 653
11 /9/81
19AO T^X ROLL
544 - 545
11/9/81
1971)-80 TAX ROLL
001-80
11 /16/81
19A1
TANGIßLE PE~^L PROPERTY
1981-33 , 1981-J4
1981-35 - 1981-J7
19R1-J8 - 19A1-40
1981-41 - 1981-47 .
1981-40
1901-49
11 /5/81
ll/6/81
11 /9/81
11/l0/81
11/12/81
11/13/81
, ,
Pa9. 38
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Novcm~er 17, 19R1
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1981 T^X RQLL
119 - 120
121
122 - IH
134 - 138
139
1"0 - 141
142 - 146
147 - 157
158 - 160
l6l
162
163 - 167
168 l75
176 - l77
178 - 180
11 /5/81
11/3/81
11 /6/81
11/5/81
11/6/81
11/4/81
11/9/81
11/10/81
11/11/81
11/l2/Bl
11/11/81
11/12/81
11/13/8l
11/9/81
11/16/81
30 DAYS EXTnA GAIN TJMF. Fon IN~^TE NO. 3GR77 - APPROVF.D
Commissioner ~cnz~l moved, secondp.d by Commissioner Kruse and
cðrricd unanimously, that thirty daYß extrð gðin time for Inmate No.
36877 be approved, /'IS recommended by Sheriff Aubroy Rogers, making the
re1eftse date Dccembcr 9, 1981.
LEAVE OF ^BSENCE FOn PURCHASING DEP^RTMENT EMPLOYEE JE^N S. WAGNER,
FROM NOVEMOER 1h, l~R1 TO DFCE~OER 14, 19r1 - ^ppnOVED
Commissioner Wenzel moved, seconded by Commissioner Kruse And
cat'c1ed un/'lnimous1y, that the leave of ðbsef,ce for purchasing Dopart-
ment employee Jean s. Wagner be approved from November 1(" 1981 to
Docember 14, 1981.
MC( 066 FACt 203
Page 39
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November 17, 1981
~c~~ 066 FAtt 204
DUP~ICATE T^X GALE CERTIFICATE NO. 5177, EDWARD J. MASSAGLIA,
AUTHonIZED FOR ISSU^NCE DY T^X COLLECTOR
Commissioner Pistor moved, soconded by Commissioner Wenzol and'
carried unanimously, that the Duplicato Tax Sale Certificate No. 5177,
for Edward J. Massaglia bo authorized for issuanco by the Tax
Collector.
Pa90 40
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November 17, 1981
RESIGN^TION OF O^NIEL B. LANGLF.Y, M.D. FROM EMS^C - ^CCEPTED,
1\PPROPRIATE LETTER OF APPRECI^TION ^ND ADVERTISING FOR VACANCY
AUTHORIZED
CommisaIoner Wonzel moved, seconded by Commissioner pistor ðnd
carried unanimously, that the resignation of Daniel B. Langley, M.D.
from the Emergency Medical sur.vices ^dvisory Council be accepted ðnd
that the appropriate letter of appreciation and tho advcrtising for the
vacancy on the EMSAC be authorized.
M^TTER OF LICENSING AGENCIES FOR CIIILD C1\RE CENTERS ^ND F^MILY D^Y CARE
CENTERS FORW^RDED TO ~T^FF FOR REVIEW AND RECOMMEND^TIONS
Commissioner Wenzel moved, seconded by CommisaIoncr Kruse and
carried unùn1mously, that tho mattor regarding the licensing agencies
for Child Care Centors and Family Day C~ro Centers be forwarded to
Rt~ff for their review and recommendations, pursuant to ð letter from
William W. Cox, M.D., County Health Director, dated November 2, 1981,
wherein he is requeGting that the Health Dep~rtment be officially
relieved of the responsibility of licensing family day care centers.
REQUIREMENT TIIAT PL^NNING DEPARTMENT CII^RGE ELECTIONS OFFICE FOR
PRECINCTING M^P WORK - WAIVED; ST^FP REQUESTED TO C0NSIDER
REH1DUIlSE~ENTS TO PL^NNING DEP^RTMENT FROf'l ^LTF.RN^T~: FI~~DS
Pursuant to a a request by letter from the Supervisor of Elections
Mary Morgan, dated Nov~mber 13, 1981, the Board dlsCUSGod the
possIbility of waiving the requirement that the Planning Departmont
charge her office for precIncting map work. Chairman Wimer requested
that the staff consider reimbursements to the UnIncorporated M.S.T.D.
for Community Development from thc General Fund at the end of the year,
and Cumsnun I ty Development Adm ini strator Terry Vi r ta concur red.
Commissioner Brown moved, seconded by Commisslonor Kruso and
carriod unanImously, that the request from Supervisor of Elections Mary
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November 17, 19R1
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~organ be gronted and the subject requiremont be w~ived.
~CELL^NEOUS conRESPONDENCE - FILED AND/OR REFERRED
Thoro being no objection, the Chair directed the following
correspondence be filed and/or referrcd to the various departments as
indicatedt
l. Lotter from HRS, dated November 6, 1981, notifying the
County of 1980 Legislðtive amendments to tho Local
Government Comprehensive Planning ~ct of 1975, rcsulting
in D drafting of ð document for planning and zoning
pcrsonnel describing various residential facilities,
their operations, etc. and requp.sting co~ments by
November 25, 1901 on samc, h~ving been submitted with
the letter. xc Messrs. Norman and Virta; Filed.
2. Copy of ~xec~tive Order Number 81-129, Addendum to
Executive Order 81-97, from ~he Office of the Governor,
ro allocation of oxcess mortgage subsidy bonding funds,
dðtcd November 9, 19B1. xc Mesurs. Norman and
Pickwvrth; Filed.
3. Copy of DNR Permit No. CO-26, Rubhar Enterprises, Inc.,
issuod November 6, 1981, for construction of multifamily
dwelling units (12' nnd ðssocinted decks and walks.
Fll ed.
4. Copy of letter dðted November l?, 1981, from Florida
D¡,pðrtment of General Services, notifying the County
th~t said ~gcncy has available copies of the State
Energy Man~gemont Plan. Filed.
5. Not1ficðtion from FDOT, d<1ted Novembcr 6,1981,
notifying the County of several changes in thc drafts of
agreements needed to pass PL funds to the MPO and to
provide needed staff services, having been Bent to the
County on October 16, 1901; also, tr^nsmitting dr<1fts of
ftgreements for MPO st<1ff services and for passing PL
money to the MPO's. xc Messrs. Norman, Virta and
Barksdale; Filed.
6. Letter dated November 14, 1981, from Collier County
Civic Fedcration, Inc., commenting on vlHious proposed
changes to tho Zoning Ordinance and offering
recommendations thereto. xc Mossrs. Virta and Normcn,
Filed.
7. Notlficntion of ~g~nda for Florida ~dvisory Council on
Intergovornmental Relations for Tuesday, Nov~mber 24,
19B1, Tðllahð88co, Florida. xc Mt~ Norman; Filcd.
&a~~ ()E)'E) rACt~()~
Page 42
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&C~~ 006 fACt 208
November 17, 1991
o. South Contral Florida Health Systems Council, Inc.,
notification of grant requests and review schedulo,
Certificate of Nee~ roquests and public hearing dates.
xc Mr. Norman; Filed.
9. Notice from Florida Deportment of Veteran and Community
Aff~irs ðnd the Govcrnmont Financo Rosearch Centor, re
Financing Local Govcrnment Operations in the BOiS -
Scminar, Novomber 30, 1981 and December 1, 1981. xc
Messrs. Norman, Hall, Virtðl Filod.
lOa Letters doted November 6 and 9, 1981, from Michael
Thorndike, Manager, Golden Gate Rystem, American
Cablcvision Survicec, Inc., notHvinp. the COI...\ty that,
effective ^ugust 14, 19B1, Gulf Communicators, Inc.
d/b/a American Cab1eviuion Servicoß, has legally changed
its name to American C~blcvision Sorvices, Inc. Filed.
ll. Memorandum from M~ry Prasch, Court Âidc, transmitting
tho monthly record of juveniles incarcerated in tho
Collier County Jail for the month of October 1981.
F i 1 cd .
12. Letter dt"ltod Novembcr 9, 1901, from DNR, inviting
submission of prop~sðJG for participation in the "Save
Our Coast" Progr~m. xc xc Messrs. Norman, Virta, Filed.
l3. M~nutes of EMSAC of October 27, 1981. Filed.
1". Letter dated November Ii, 1901, from Richard LanGdale
notifying the County of an available office for rent or
purchðs~ ne~r Airport Rot"ld and Davis Boulevard. xc
Social Servicos; Health Dcpt.; County Managcr, 11lcd.
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There being no further bUDineos for tho good of ti.o County, the
meeting was adjourned by order of the Chair - Time: lltOB Â.M.
BOARD OF COUNTY COMMISSIONERS/EX
OFFICIO GOVERNING BO^RD(S) OF SPECIAL
DISTRICTS UNDER ITS CONTROL
c0. !lu~jJltr:.~h!i:::
^TTESTI
WILLI^H J. RE^G^N, CLERX
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