BCC Minutes 04/28/1981 R
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Naples, FloridD, ^pril 2R, l~nl
LET IT BE REMEMßEnED, thðt the Board of County Commissioners in
and for the County of Collier, nnd also acting as the Governing
Board(s) of such special districts ~s have been created according to
law and having conducted business herein, met on this date at 9:00 A.~.
in Regular Se~sion in Building "F" of the Courthouse Complex with the
following me~bers present:
CHA IR~1".N:
VICE-Cfi^ I RI·í^N:
John A. ristor
Cll ffo rd ¡-!en zel
C.R. "Russ" Wimer
Mary-Frances Kruse
Dav i d C. Brown
ALSO PRESENT: Williðm J. neagan, Clerk¡ Harold L. Hall, Chief
D~puty Clerk/Fiscal Officer; Darlene Daviðson, Elinor Skinner (1:30
P.M.) .,nd Edn., Brenne~ðn (":40 P.M.), Deputy Clerks; Don.,ld Pickworth,
County Attorney; Anthony Pires, Assistant County Attorney; Irving
Berzon, Utilities Manager; C. ~illiam Norman, County M~nager; Edward
Smith, Ass:stant County Manager; Neil Corrill, Administrative Assistant
to the County Manager; Clifford BarkÐdale, Public Works Administrator;
Terry Virta, Community Development ^dministrator; Lee L.,yne, Planner;
Jeffory Perry, Zoning Director; Wayne Scamehorn, Building Director;
Thomas H~fncr, public Safety ^d~inistrator; Gr~ce Spaulding, Adminis-
trative Aide to the Board and Deputy Chief Raymond Barnett, Sheriff's
Dep.Htmen.t.
P.:Igo 1
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&OOK 061 rACE 176
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061 PACE1Bf
Apr 11 28, 1981
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AGENDA.. AP("ROVED IN TilE, ITALICIZED FORM WITII ADDITIONS
Commissioner Wimer moved, seconded by Commissioner Brown and'
carrie~ unanimo~51y, that the italicized agenda be approved with tho
following additions:
1. Consideration of adoption of a Proclamation declaring May 21,
22 and 23, 1981 as "Poppy Days" as requested by the American
Legion l\uxlliary - added (5C)
2. Consideration of adoption of a Resolution urging State
support and assistance in the construction of a new jail and
other operations - added (14M
3. Consideration of the adoption of a Bond Resolution re
Goodland ~ater District - added (110)
4. Consideration of the adoption of a resolution correcting a
typographical error in a resolution regarding the condemna-
tion of real property - added (12-A)
5. Request for authorization for advertising of a supplemental
budget for increases in the Builr.ing Inspection Department -
added to Clerk's Report (Othe r)
6. Consideration of a question regarding the ballot re beauti-
fication of certain property on Marco Island - may be added
as pcr County ^ttorney's request.
7. Clarification of BCC action regarding inclusion of property
described in petition TCR-8l-2C in the notion to discontinue
granting TDn's until further consideration is given to
amending the pertinent Ordinance during ~/21/81 meeting - may
be added as per County ^ttorney's request. (ec)
MINUTES OF M^RCII 24, 31, Mm SPECIAL ~IEETING OF ^PRIL 4, 1981 -
,\ppnOVED
Commissioner Wenzel moved, Ecconde~ by Commissioner Wimer and
carried unanimously, that the minutes of the March 24 and 31, 1981
Regular 1-,eetings Dnd of the Special I'1cein.g of J\pril 4, 19'31 be
approved as presented.
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April 28, 1981
PRES~NTATION OF ~MPLOY~~ SEnVICE AWARDS
Chairman Pistor prcsented Employee Service Awards to the following
,
persons, offering his congr~tulations to each of the recipients:
a, Roy Hoiensc1hl Road and Eridge 5 yeñrs
b. Wllmc1 Moyer Civil Defense 5 years·
c. Esteb.:ln Gomez Road and Sr idge 5 years
d. 8i11 Le ow is Road and Bridge 5 years
e. Linda Denning ^g r i c u 1 t u r e 5 years·
f. J. Capp Breeden Engineering/Tr~ftic 5 years
. Indicates recipient present to accept service award.
PROCLAMATION DECL^RING ~AY I, THROUGH 7, 19DI AS "RESPECT FOR LAW WEEK"
Upon hearing Chair~an Pistor re¿od the proclamation declaring ~'ðY 1
thlough 7, 1981 as "Respect for Law Week", County Manager Norman stated
that same proclamation, hc1ving been duly executed by the Chairman, will
be transmitted to the Sunset Optimist Club of Naples.
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~oo~ 061 PACE 182
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April 28, 1981
pnOCLJ\MATION DECLARING "^Y 21, 22 and .23, 19ß1 ~s J\MERICAN LEGION
~UXILIJ\RY "POppy DAYS"- ADOPTED
Commissioner Wimer moved, seconded by Commissioner ßrown and
carded unanimously, thDt the Proclamation declaring May 21, 22 and 23,
1981 as ~~crican Legion Auxiliary "Poppy Days" be adopted.
Chairman Pistor presented the proclðmatio~ to June M. Henning,
reprc5enting the Golden Gate Memorial American Legion Auxiliary Unit
247.
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i\pr11 7.11, 1981
FRANCHISE TR^NSFER rROM B & B DISPOSi\L SERVICE TO ~i\RCO DISPOSAL SER-
VICE J\PPIWVlèú¡ 1I,lcnEr-SE n: SEP.VICF: P.l'TF.S APPfWVED IN i\CCOROANCE WITH
^TTI\CI1/'^F.~IT "i\" or F'I~I',~ Cf1ISF: ".GREF.r-'F.NT
Legal notice having b~cen published in the Naples Oai~y News on
^prll 13, 1981 and in the MiHCO Isl¿:nd Eagle on I\pril 1(;, 1ge1 as
evidenced by Affidavits of Publication filed with the Clerk, public
hearing was opened to consider the transfer of Franchise and a rate
increase for trash and gòrb~ge disposal service in the Marco Island and
Goodlònd area.
Public \-"orks AdministrDtor Clifford Barksdale referred to the
Executive Su~mÐry dated 4/7/81, ònd sum~arized the information therein
regording the propcsed franchise transfer between B & B Disposal and
vanDerPloeg-Evenhouse, a Michigan Corporation authorized to do business
in the State of Florida, d/b/a Marco Disposal Service.
Mr. Barksdale outlined the events which led to the proposed
transfer from July 2, 1976 when the subject franchise was renewed with
A,P "Bud" Kirk, owner of 8 & 8 Disposal, through and ncluding February
26, 1981 when the st¿Ef entered into negotiation with the prospective
purchaser, ~~arco Disposal Service,
He further outlined the resulting
Franchise ^greement along with all the changes within same as compared
to the present WMI Franchise Agreement.
He concluded by stating that
he lInrj tho County !'.tt0rn"y h/ vr: ntll('I~rl thQ prr:>poßl'o F'rllnr:hiflp. ^r:Jrco-
ment and ~ave no o~jections,
The Proforma Statement of Inco~e and Schedule of Customern' Ratcs
and Revenues submitted by ~arco Disposal Service was explained by Mr,
Barksdale who stated that a review of same indicates that the data is
reAllonllblø IInd r"prCllontll ø
pro-Incomu tAX
(nlr rntu of return of 25\,
~OOK
061 PACE 186
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061 r,m 187
"pril 28, 1981
He said thðt the proposed rðte of SS.20 represents a 30\ increase over
the present rate and that this is particularly reasonable considering
that this is the first rate increase since the execution of the current
franchise agreement in July of 1976 ,
Furti1er rate reviews may be inititated by the fr.:lnchise holder at
the end of a one year period of operation said Mr. 8arksdale, adding
that, if a rate increase were to be granted at that time, that increase
would become effective 6 months from that date, He said that there-
aftcr the rate structure cannot be adjusted more frequently than on an
annual basis,
~r, Barksdale stated that it is his recommendation that the Board
approve the subject franchise transfer; authorize the execution of the
Franchise Agreement; and approve the revised rate structure in accord-
ance with attachment "A" thereof.
Commissioner Wimer moved, seconded by C0m~is5ioner Kruse and
carried unanimously, that the public hearing be closed.
Commissioner Wimer moved, seconded by Commissioner Brown and
carried unanimously, that the above-referenced franchise transfer be
approved; that the Franchise ~greement be authorized for execution by
the Chairman and, that the revised rate structure be approved in
accordance with Attachment "^" thereof,
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^pril 28, 1981
SHOW C^USE HEMUNG RE B (. B DISPOS^L SCHEDULED fOR JUNE 27, 1981 -
CANCELLED
Public Works ^dministrator Clifford Bwrksdale stated that, in view
of the approval of the transfer of the Garbagc franchise for the ~~rco
Island arca eðrlier this session and because the Eoard has previously
scheduled a Show Cause Hearing re<Ji'lrdlng B (, B Disposal for June 27,
19B1, it is his recommendation that the Board should officially cancel
that hearing at this time.
Commissioner Wimer so ~oved, secon~ed by Commissioner Kruse ard
carried un~nlmously.
RESOLUTION El-99 V^C^TI~C ^ PORTION Of PELICAN STREET ADJACENT TO LOT
111, ISLF.S cr C:.rr,r ~:o, 1 - l'DOPTSIì
Legal notice having been published in the N¿ p1es Caily Ne~/s on
April 13, 1981 as evi~ençed by Affidavit of Publication filed with the
Cl ('rk, public hearing was o pe n e d to consider the vacùtion of tha t
portion of Pelic<:l:1 Street, which is adjacent to the ....·e s t e r 1 y e fee t of
the cast one-half of Lo t III , Isles of Capri No. 1 , as filed by E. L.
and Ina L. Joh:1son.
Public Works Administrator Clifford ßarksdale stated that the
EngineerIng Department has received Letters of No Objection from the
utility compi'lnlo::s, He s¿dd that he has reviewed the subject petition
and determined that the proposed vac~tion will have no adverse effect
on the ar¿a. He said that the W~^B has administratively approved the
proposed vacation, and that it is his recommcndation that the Board
authorize the Chùir~~n to execute a resolution to vacate the aforemen-
tioned portion of Pelican Street.
&OOX 061 PAct 206
pag e 7
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/>.pril 28, 19R1
Commissioner Brown moved, seconded by Commissioner Wimer and
carried unanimously, that Resolution 81-99 vacating the aforementioned
portion of Pelican Street be adopted.
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061 PACE 209
^pril 28, 1981
PUBLIC HEARING RE THE CRE^TION OF EAST rJ^PLEs FIRE HYDR^NT ASSESSMENT
DISTRICT - CO~TrNUED TO 5/~~/81
Legal notice having bee~ puhlisheò in the Naples D~ily News on
^pri,l 7 and l~, 1981, as evidenced by Affidavit of Publicatio~ filed
with the Clerk, public hearing was opened to consider the creation of
East ¡-¡iJples Fire Eydrilnt Ass(!ssment District ilnò the approv~l of the
preli~inDry i1ssess~ent roll re same.
Public Works ^dninistrator Clifford Earksdale outlined the general
boundiJries of the proposed East Naples Fire Hydrant Assessment
District.
11e stated that the "rea in question is estimateò to have a
total property vi'lue exceeding fifty million dollars and presently has
only 25 fire hydrants throughout the entire ,'lrea. lie added thiJt East
Naples Fire Chief Jin Dillman considers the need to correct this
deficiency imperative in order to provide adequate fire protection to
this area and has requested the creation of this hydrant district. Mr,
Barksdale said that because of the numerous pressure and fire flow
problems associated with the proposed district, some line increases and
cross connections are proposeò for the district as well as 129 new fire
hydrants. ^ls0, there ~ill be some extensions of mains to serve those
hydrants and increase the pressure and flow of others,
Mr. Barksdale noted the receipt of approximately fifteen letters
of objection including three that transmitted petitions, adding that
his office has not had the opportunity to thoroughly investigate all of
the areas of concern due to the lateness of their arrival,
[!e stated
th~t he has found sone areas of merit in their respective objections
including the Royal ^r~5, Royal e~y and Royal P~rk Villas which hove
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l\pril ?fJ, 1901
already installed fire hydrants and have sufficient flows.
He lidded
that areas such as these will be recom~enèed for deletion fron the
proposed district.
Mr. Barksdùle said that, subsequent to ~he deletion
of certain are3S found to have sufficient fire hyòrants, the tentGtive
assessments will be adjusted ~ccordin~ly.
lie sa id that ¿¡nother aren
found to h.Jve suf(icient hynr<Jnts is the Gulf Gate Shopping Center ùrea
which h<JS two hydrants installed to serve that project as well as the
one lot to the south of that plaza.
He said there is a possibility of
some adjustment here as well as several smaller areas about which
certai~ people have expressed concern; so~e are already properly
served; others are areas for which t~2 8wners claim to have paid for
hydrants when the land was purch~5cd,
He recor.',~~"nded th,~t after those
persons who are registered to speak have been heard the public hearing
be continued to ~'ðY 2G, 19f?1, at which ~i~e the Engineering Ceparti.\ent
will have inv¿stigated all objections and will come back to the Board
with adjusted assess~ents.
There was a brief discussion as to whether it was ever considered
that the people in the proposed district should vote on the question of
the creation of the subject fire hydrent district, during which Com-
missioner ,Wenzel said that he could not find any record of this being
discussed in the minutes.
Mr. Barksdale stated that he believps this
was discussed some 1-1/2 yeòrs ago.
l\lso, thðt this is not a decision
that the En.gineerin~ Departnent nor the Public "';orks Division would
milke.
Conmissloner Wimer concurred, ~ddinq thðt this is decision that
the Bo a r d wo u 1 d h a vet 0 m a k. e ,
pag e lO
061 PAr.t 210
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061 PAc£211
"peil 28, 1981
There was a brief discussion reg~rding the problems associated
with insufficiently ~ized supply lines to certain existing hydrants,
during which Commissioner Pistor asked Mr, Barksdale if tho~e persons
who will be ser~iccà by the existing hyòrants which require line
adjustments viill be assessed apportionately, based only on t~e cost of
those line adjustments and not on the costs of installing the new
hydrants in ather portions of the district? ~r. Barksdale said that
this will hùve to be considcreò during r.he next month and that there
will be an effort made to determine what percentage of benefits will be
received from all such cases.
TIH're was ðlso 11 discussion regarding the fact that the proposed
district is within the City of Naples' water service district, during
which Commissioner v:il~er Ðsked .....hy the County cJoes not ðsk the City to
upgrade their system rather thðn th~ County? ~r, Barksdale said that
he believes that thc City's concern lies in the supply of potable
water; not in the supply of ð fire protection system, He said that the
City considers this the responsihility of the property owners or the
developers ðnd that the City do~s not even ðssume the hydrants for
maintenðnce after they have been inst~lled; the City re~uires the fire
hydrant districts to sign an ~greement for the maintenance as .....ell a~
all legal resronsibility for fire hydrðnts.
ether methods of paying
for fire hydrnnts were ~iscussed, such as the method used on Marco
Island where the costs related to fire hyrlrants are included in the
taxes for fire districts,
Mr. ßarksdalc said th~t newer subdivisions
ðre required to provide hydr~nts; however, in thc older areð5 of the
County, such ~s in portions of North ~nd East N~plcs, the hydrants were
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ncv(.'r provided.
He said thot a similùr hydrDnt district was created by
the E\oard in North t!aples for the Sll~1C reDson.
There WDS further discussion regarding the City'S responsibility
related to the w~ter supply within its service district, during which
Co~missioner Vlimer stated thòt he favors contacting the City and
requesting thòt the subject system be upgraded. Mr, Barksdale said
that the City was contðctcd \/hen the subject hydrant district ~I'::'S first
proposed ðnd thðt the City did not want to take that responsibility for
hydrants at that time althou1h upgrading the supply pipes was not
discussed, Commissioner Wimer suggested that the City upgrade the
lines and the County install the hydrants.
Chairman pistor called for
comments from the public, noting that after they are heard the public
hearing will be continued.
L. N. Ingram, III, (,31 17th Avenue, also representing Graeme
Hunter, spoke in opposition to paying twice for fire hydrants.
He sa id
that he has no objection to the creation of the subject hydrant dis-
trict, however, he presently has a hydrant in the middle of his
property and requested that his property be excluded fro~ the district.
Polk Threlkeld, 405 Rudder Rd., said that he owns property at the
corner of Terrace and AirpDrt Poads for which he pays $3,300 in taxes.
He said that ris assessment notice indicated an additional assessment
of 52,009 and he requested relief. He said that if he is required to
pay such a; amount, he requested that the Board consider accepting
payment in increments rather than all at one time.
Ed.....ard M. flenderlong, representing Mela1euca Village; Inc, a
homeo~ners association, stateó that the people that live in ~elaleuca
~OoK 061 PACE212.
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April 20, 19Ð1
Village already have adequate fire ~ydrants and that he has bee~ tolð
by his insurance agent that his fire insurance rating will not be
affected by the installation of additional hydrants.
Richard Hill, representing Naples Land Yacht Harbor, spoke in
favor of the creation of the fire hydrant district. He explained that
the Naples Land Yacht Harbor is a mobile home community with approxi-
mately 352 families living in close proximity to one another and that
~ll of these people want adequate fire protection and are willing to
pay their share,
Arthur Kendall, representing Brookside Develo~ment, claimed that
his area is adequately served and does not require any more hydrants.
Mr. Barksdale disagreed and stated that this particular area is one of
the most deficient in the proposed district,
He said that there are
only 4 hydr~nts to serve the entire Brookside areR and that the water
lines are also deficient.
There was some discussion as to how close properly placed hydrants
should be, during which ~r, B~rksdale stated that, ideally, each
hydrant should serve no ~ore thRn a 500 ft. radius.
He said that,
although some codes stipulate that the radius should be no more than
loDe ft., the latest insurance ratings and the County's Fresent code
all require a r~dius of no more than 500 ft. He also stated that
insurance rati~gs are based on much ~ore than simply the placement and
proximity of hydrants to one's property, including the kinds and
nu~bcrs of av~ilable fire protection equipment, the training and
numbers of aViJilë:ble fire personnel, etC.
John W. Taylor, rcpresentlng the Royal Park Villas, spoke in favor
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April 28, 1901
of excluding the noyal Park villas from the district and referred to ð
petition signed by 9/ persons which he hns submitted to the Board.
Mary C, Carlz, representing the Harbor LDkes ~ssoc:~tion, spoke in
favor of reMoving Harbor Lakes Condominium from the district as she
cla~ms that they are already properly protected and have paid for a
hydrant when purchasing each unit.
J. J. Topinka, representing Dùky Incorpor,îtcd lInd patric1ð
Stevens, owners of a small shopping plaza within the proposed district,
read a letter of obj~ction dated ^pril 27, 19BJ, and signed by Dale E,
Chlumsky, President of raky Inc., based en the claim that the assess-
ment is not com~cnsurate with the benefits of the proposed hydrant
installation,
Thcre was a discussion regarding certain properties included in
the proposed hydra~t district, ¿uring which ~r. Barksdale stated that
his Department drew up the proposed boundary lines in conjunction with
Chief Pillman and that the objections to the inclusion of properties
heard today were not r.onsidered at that time as they were not a~lare of
these objections until recently.
He said that this is the purpose of a
public hearing.
Chief Jim 8illmðn, of East Naples Fire District, spoke briefly on
the various benefits that property owners will enjoy relevant to the
creation of the subject district, incl ucl ing better fire pro tec t ion anù
the lowerfng of insur.Jnce ratings by approximately 13-30\ annually fo r
all property in the district, based on a one (1) digit decrease in fire
rat í ng s .
He explained that, while other things are considered in
determining fire ratings, ~9\ of the rðting is based on water supply.
&oOK 061 PAu214
Page 14
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He alßo stated that the proposed district only reprcsents the southern
hDlf of the Eðst Naples Fire Control District and that because this
area is the most deficient it was handled first. He said the remalnin9
portions of his district will be upgraded at a later time.
After a discussion as to the claims by some members of the
a,dience that fire ratings will not go èo~m if the proposed hydrants
are installed ~nd Chief Billman's statement that they will, it was
decided that all those wishing morc information should contact Chief
lIillmðn ðn<1 their f"upeCLll/c In!HH.1FH:Ø :"J"nln.
Commissioner Wimer moved, seconded by Commissioner Brown and
carried unanimously, that the public hearing be continued to May 26,
1931; that the Public Works ^drinistrator and the stAff are to study
the objections raised today and resolve the areas of dispute; that the
City is to be cont~cterl reg~rding the responsibility of deficiencies in
the wðter lines within the rroposed hydrant district; and, that the
staff recðlcul~te the pre~ imin~ry ~sse5s~ents for presentati0n to the
Board at the next hearing.
Chairman pintor explained that the Poard usually docs consider the
payment of this kind of an aS5ess~ent over a period of years, and that
those people conc'~rncl! with the rossihi1 ity of having to nake one lump
payrnent c"n be ðssure~~ th3t this .lill not be necessary.
...............RECE55 - TI~E: 10:10 A.~. - 10:15 ^.~,..............
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^pril 2ß, 19C1
PETITION V-Rl-4-C WILLIS J, , ELL~ STErN REQUESTING A VAR1^NCE TO
ALLO'^, TilE CO]\1STrHlCTION OF ^ RESIDENCE ON Li'Nr 11-:' TR!\CT 4, ur~IT 30,
GOLDEN G~T£ LSTf,n:s TII^T \-IILL [\C M^DE NON-CONFORMING BY TilE TAKI~C FOR
I - 7 5 RIG II T - 0 F - '::!>. Y - C E~! rED
Legal notice having been published in the N~ples Daily Ncw~ on
April 12, 19B1 as evidenceð by ~ffidavit of ruhlicntion filed with the
Clerk, public hearing was opened to consider Petition V-81-4-C, filed
by ~illis J. & Ellù Steen regucsting ~ variance that will ~llow the
construction of a residence on that portion of the north 180 ft. of
Tract 4, Unit JO, Colrl~n Gate Estates, that is remaining after the
taking for 1-75 right-of-way.
zoning Director Jeffory Perry referred to the background informa-
tion within the Executive Summary dated 3/23/B1 and upon reading same
into the record explained that the staff's recommendation is one for
denial of the petition even though there is a valid hardship.
He sa id
that the rcason for this recommenèation for denial is that the proposed
construction on such a small lot is not thought to be in keeping with
the character of the neighborhood,
He explained that the intent of "E"
Estates pro~erty is that it be developed so as to provide an area of
low density residences in a semi-rural to rural environment permitting
all necessary residential activities and limited agricultural
activities.
Mr. Perry explained that the petitioners have not gone through the
court process yet concerning settlement for the "taking" of their land
by th~ State ,:lnd that ",'hen this happens the courts will probi'lbly take
the denial of the requested variance into consideration because the use
of the land has been severely linited by the taking of lands by the
State, During the ensuing discussion, County Attorney pickworth stated
that the Stato will be the responsible p~rty for any dam"ges in this
wax C61 PA~ 2.16
Page 16
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April 28, 19B1
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case; the State'S "taking" of lands is what rendered it unusable.
Commissioner ~enzel ~oved, seconded by Commissioner Brown ar.ð
carried unani~ously, that the public hearing he closed.
Commissioner Wenzel moved, seconded by Commissioner Brown and
carried unanimously, that Petition V-81-4-C be denied as reco~mended by
staff.
RESOLUTION NO. AI-IOO RE PETITION V-Bl-6-C, JAMES LEONARD CHESS~R,
REQUESTI~G 1\N J\FTF.fì-THE-FI\CT Vl>.RIANCE TO J\LLO"": THE SUBDIVISION OF LAND
KNO"'':'J 1\5 R"TTLr:S~'l\I\F H,q':~'OCK - ¡\DOPTED
Legal notice hèving been published in the Naples Daily NewS on
April 13, 1981, as evidenced by Affidavit of publication filed with the
Clerk, public hearing was opened to consider Petition V-Rl-6-C, filed
by James Leonard Chesser requesting an after-the-fact variance to allow
the subdivision of 3.2 acres of agriculturally zoned land in the
unrecorded subèivision known as Rattlesnake ?a~mock.
Zoning Cirector Jeffory Ferry referred to the Executive Summary
dated 3/23/81 anè sum~arized the information therein.
He concluded by
stating t~at the property was the subjc~t of a divorc~ settle~ent in
1979 and subsequently split into two parçpls, each with a
non-conforming mobile home. The deeds were recorñed in 1979, said Mr,
Perry, adding that it was not until recentl, when the petitioner camo
to the Courthouse to obtain a permit to construct an accessory
structure on his 1.2 acre lot, that it ·...·as discovered that the property
in question was not qranted a variance for the subdivision in 1979.
Mr. Perry statcò that it is the recorr.rend<1tion of staff thélt the
after-tho-fact variance be granted in this instance, adding that staff
will attp.mpt to establish some form of commun1c~tion between the County
and are~ Inwyers as to the necessity for consult1nq app11cnhlc zonlng
¡'MJC 17
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^pril 28, 1981
regulations prior to the division of property, such as in the case of
the scttle~cnt regarding Mr. Chcsser's property,
He sa id that he is
hopeful that this type of a problem cnn be ðvoided in ~~e future.
CommisEioner v!ir.\er moved, seconded by CommissIoner ero...:n ðnd
carried unanimously, that the public hearing be closed.
Commissioncr Wir.\cr moved, seoconded by Commissioner Brown ~nd
carried unanimously, that Resolution Cl-100 re petition V-Bl-6C, filed
by James Leonard Chesse, be adopted.
aDOK 061 PACE 218
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April 28, 1901
RESOLUTION 81-ln1 RE PETITION V-81-7-C, JOHN SWANSON' GEORGE RURINTON,
REQUESTING l\ VARgNCE FROr-1 TIlE I"'INIMl!!" Ll\NO ARF.l\ SIDE YARD REo.UIRE~'ENTS
Fan ~ DUPLEX ON LOT 5, BLOCR C, POINCIANA VTLLl\GE, UNIT I - ADOPTED
Legal notice having been published in the Naples Daily NewS on
April 12, 19ß1 as evidenced by Affidðvit of publication filed with the
Clerk, public hearing was opened to consider petition V-81-7-C, filed
by John Swanson and George ~ubinton requesting a variance from the
minimum l~nd area side yard rcquirements fer a duplcx on Lot 5, Block
C, poinciana village, Unit I.
zoning Dire~tor Jeffory Perry referred to the inform~tion within
the Executive Summary dated 3/13/81 and upon completion of the
summarization thereof, stated that it is staff's recommendation that
petition V-Gl-7-C be granted and the petitioner be allowed to construct
a duplex on the subject lot.
In answer to Commissioner ~enzel, Mr. Perry stated that if the
petition is not granted the lot is still suitable for construction of ð
sin~le family home with no variances.
Com~issioner Brown moved, seconded by Commissioner Wenzel and
carried unanimoulsy, that the public hearing be closed.
Commissioner 8rown moved, seconded by Commissioner Wimer and
carried ~/1, with Commissioner wenzel opposed, thðt Resolution 81-101
granting the variònce requested re petition V-81-7-C be adopted.
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RESOLUTION CW 81-3 CONFIRr"ING TilE REVISED TENTlITIVE APPORTION~'ENT OF
COST AND REVISED COST ESTI~^T¡:; RE GOODL^ND ~AT¡:;R nISTnICT - lIDOPTED
Legal notice having been published in the Naples Daily News on
April 12, 1981 as evidenced by Affidavit of publication f~led with the
Clerk, public hearing was opened to consider the confirmation of
Resolution GW-80-1 and the revised tentative apportionment of cost and
reviseò cost estimate for Gooòland Water District.
Utili~ics ~anager Irving Berzon stated that on March 28, 1901 the
Board accepted bids for the Goodland Water project; approved additional
funding; ðnd scheduled this puhlic hearing in order to heðr any
co~ments regarding the changes in assessments for the, project.
Upon hearing that there were no registered speakers who wished to
address the Board Commissioner Wimer moved to close the public hearing.
Mr. Berzon stated for the record that the total assessment has
been raised from ~260,OOO to $~09,2l5 and the assessment per square
foot of property is raised from the originally estimated figure of 7.8¢
to 12.l6¢,
Commissioner Wenzel seconded the motion to close the public
hearing which carried unanimously.
Commissioner I'limer moved, seconded by Commissioner Brown and
carried unanimously, that Resolution GW 81-3 be adopted.
~ocx
061 fAGEl1A-
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R~TE INCnf~SE FOR AV~T~n UTILITICS (GOLDEN GATE) ~PPROVED AS RECOM-
MENDED BY TH~ COUNTY'S CONSULT~MT
Legal notice having been published in the ~aples Daily News
on April 2~, 1981, as evidenced by Affidavit of publication filed with
the Clerk, public heering opened to reconsider the rate incrcase
application of Avatar Utilities,
Commissioner W~nzel asked if the staff has developed any specifi-
cations on regulations of water gUùlity7 Utilities ~anùger Berzon
stated that he has not conpleted that work. He said that although he
sees no reason not to "co-mingle" this Eoard directive with Avatar's
request for a rate increase, he feels that it would be better to handle
them as separate items. He said that any recomnendations that he will
~ring to the Board r~garding regulations for water quality will be
applicable to Avatar if the Board approves them, Commissioner Wenzel
stated that the concern over water quality controlled his negative vote
on Avatar's rate incrC3se during the last hearing, ~r. Berzon said
that there is no evidence that anyone has filed any written complaints
regarding Avatar's quality of water and that oral complaints are
difficult to act upon. He also stated that the standards that he will
be prop0sing will probabaly be comparable to that which the City of
Naples adhere to; this is basically the same as the present ~ER and
Health Department stùndards for the State of Florida which Avatar now
~eets. Commissioner \~enzcl said that he would still like to have a
chemical analysis comparison between the City of Naples' water and that
W'hich is being supplied by lwatar, a~ding that he \!S not convinced that
the present standards and rcgulation£ that ~vðtar has to meet are -all
that good". Commissioner ~imer asked Mr. Berzon if the CountY has
tested the water th~t Avatar supplies and Mr. Berzon replied nega-
&OO~ 061 PACE 228
'age 21
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April 28, 1981
tIvely. CommIssIoner Kruse referred to a chemical analysis comparison
of all water sources within the CH2M Hill rcport regarding the County'.
water treatment plant. Mr. Berzon replied that this is a ;omparison of
water samples taken at that particular time, however, conditions do
change and th'\t may not be l.ndicated in the sample tested a yl!ar or two
ago. Also, without evidence such as a written complaint there is no
legal basis upon which to take action. Commissioner Wenzel agreed,
adding that the problem lies in the fact that it has only been ~ few
weeks since the public was advised of the necessity of written com-
plaints registered with the utility.
Mr. Berzon stated that during the last public h~aring it was
pointed out that residential customers, notwithstanding the size of
meter3 that they h~ve installed, will be charged the minimum $6.00.
He said that this is ð "concession- to which Avatar h~s agreed. He
said that he feels sure that if this was understood earlier by those
concerned perso:òs who C'bjected during the last hearing that many of the
objections would not have been made.
Chairm~n ptstor stated that the petition objecting to the rate
incease by Þvatar Uttlittes whtch was submitted to the Board during the
last heûring contatning 7A2 names has been thoroughly creckod for
authenticity of signatures, and that it has been discovered that almost
1/2 of the signatures thcreon are not Avatar Utilities customers. He
said that this indicates that thts petition of objectton has less
!:1eðntng to the Board th.1n tt dtc1 when submitted.
Chairman pistor requested clartfication on the Court Order that
waS handed down by Judge Eroussoau lð3t weo~ regarding ^vatar lowering
the interim rates. County Attorney pickworth stated that Avatar filed
a suit for declaratory judgf'r.'Icnt .3nd injunction. He said that the
PiICJ I~ 2;1
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April 2?', 1981
specific purpose was to request the Courts for permission to keep the
interim rates in effect and offcring to place a bond to insure that, if
the ultimate litig~tion were to be resolved against the utility, the
money would be there to make refund to the customers. Mr. pickworth
said that the actual substantive question of l\vat~r's entitlement of a
rate increase is settled throuqh a petition for certiorari, the vehicle
by which the Court revie~s the action of the Board in granting or
denying the rate increase. He said that this review will be delayed
because of the time necessary for the court reporter to transcribe the
notes taken during the testimony at the rate hearing; therefore, the
Utility was seeking temporðry permission to maintain the interim rates
because it would have no opportunity to recover the lost funds if they
ultimately won the lawsuit. . He said that the only dis2lgreement was
whether the interim rates would be the rates that the utility ~as
proposing or the rates that the County's consult2'nt proposed. fie said
that the County asked the Court to make the rates that were to continue
in effect the ones that the County's consultant proposed and the Court
agreed. He added that the Utility also agreed with that proposal.
Therefore, said Mr. pickworth, the Court ordered that the utility
continue interim rates as lowered to that which the County's consultant
recommended.
Chairman pistor asked Mr. pickworth if the utility can be granted
.rates higher than those which they requested during their rate hearing
if they win the lawsuit? Mr. pickworth said that he sees no way that
the County can logically argue to the Court for anything less than what
the consultant recommended and Avatar will argue for what they asked
for in their rate relief application. The ultimate d~cision, said Mr.
pickworth, will be within those bounds, the cost of the lawsusit will
&QOÄ 061 PACEZ3Ð
~ Page 23
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far outweigh the amount of revenues at issue. He explained the various
costs involved in this kind of lawsuit, including time charged for
~vatar executives, lawyers, filing fees, etc., adding that the lawsuit
could cost upwards of $15,000 to $20,000. Mr. Eerzon stated that, if
the utility wins, the entire cost will be charged back to the·customer.
of Avatar as an operating expense which will be deducted from the
utility's p~ofits: this will be reflected in the next rate increase
that the utility files. He reminded the Board that what they have to
consider is if they want to saddle ~he people of Golden Gate with that
additional cost which will be passed directly on to them.
Mr. pickworth stated that he has discussed this matter with the
County's consultant and he (Mr. pickworth) does not believe that the
County has any substantive legal justification for simply setting aside
the entire rate increase. He be1ipve~ that all that is being done i.
adding a large cost incurred through a legal 'battle on to the users of
the utility and that the bottom line is th~t the Court is going to
order the rate increase anyway. He said that he does not believe
anything will be accoMplished by setting aside the rate increase.
The following persons spoke in opposition to the rate increase:
1. Li bby l-:i1ber, 1904 41st, Stre&t S.W.
2. r~yr ta J. f\or ing, :7.2 3 1 41st. Street S.W.
,
3. william D. ~~a in, 4375 22nd . place S.W.
Also discussed was the fact that the Board cannot force the
Utility to operate at a loss; that the County's consultant has sub-
stantiated the oper~ting costs of thp. Utility as presented in the rate
application: the fact that the people in Golden Gate may end up with a
court ordered rate increa5e higher than what the County's consultant
recommended, including the addition!!!l legal expenses if the utility
rAgp ')11
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wins the lawsult¡ ond, the fÐct that the BODrc1 feels u;,\\ LÌ18Y r.ìU~¡t ðct
IIccording to what will he In the best Interest ot the IH'c'í'lc .....ho òre
users as explDined by Chairman plstor.
The discuDsion included a recent directive rcgÐrdlns the PSC
(Public Service Commission) holding future franchise r~te hearings,
during which ~r. pick~orth rcported that the PSC has said that they
would revie~ Avatar's ~~te increase requests on thc condltiion that the
County request thDt th" PSC I'\ssume jurisr:1iction tor the ~, ,tting of
rates for priv03tc uti} itics in Collier County.
He said U"lt the County
has not requested that the PSC assume that jurisdiction, Mr. pickworth
said that he and Mr. Pf'rzon are working on a report re<jeHdlng this
entire subject ::or prc:;ent,ltlon to the ('oùrd in tr.e near future, .Jdding
that there is a lot more to the issue than the si~ple soiution that it
appellrs to be. He said that both the pros and the con~ ~: this mðtter
would be outlined for the Board's consideration at that LI:Jc.
He sa Id
,_ that only two utilities, Avatar ònd Deltona, \l;:¡uld fall u:~dt::r the PSC's
jurisdiction. COr.ìmissioner \'¡imer said that the motion ~¿::je and car~ed
WIIS not to look into it; the ~otion was to ask the PSC to hear the rllte
increase request,
~r, pickworth said that the PsC will not undertake
,I any kind of a rate review unless Collicr County undertak0:i thc proper
~.
atlltutory action to brIng itself under general PSC jurist¡ction¡ they
do not offer advisory opinions.
Chair1'1ðn pistor said tt,a~ th~ Bo~r.d.
voted to h~ve all utility rates fall unòer the PSC's juri~dlction in
the future, and CommissIoner ~imer concurrcd thllt this was the intent
of the motion. County ^ttorney pI~kworth stated that he believed thðt
the Board would want to consid~r that matter cðrefully tefore tðkinq
. auch IIction, IInd Co~nissioner Wimer said that they have considered it
and thllt lifter several years of d1scucsions took the n!ore~cntioned
~OK 061 ~c£ 232.
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action. He said that the Board of County Commissioners arc requestin9
that, in the future, the PSC hold rate hearings for all utilities in '
Collier County that would be applicable.
The differenc~ in the quality of water in Golden Gate between the
su~mer and the winter months was discused briefly, as was the "statement'
by Commissioner Kruse that the PCS is currently basing their rate
recommendations on a fair and reasonable rate of return of approxi-
She said that Avatar is only asking for approximately
mately 14.79\
8\ She pointed out that the electric bills, which fall under the
jurisdiction of the PSC, are continually reflecting increases in either'
rates or fuel adjustment charges. She said that she is leery óf the
PSC hðving complete j u r i sd i c t ion" Mr. pickworth said that if the
concern is that the people will have more of an opportunity to voice
their objections under PSC jurisdiction, as pointed out by a member of
out before the 8CC than they will ever have before the PSC. Commis-
the audience, they will not¡ they will have more opportunity to speak
over the utility in I~mokalce. Mr. picy.~orth 5t~ted that the PSC will
sioner Bro\Jn stated that he is opposed to the PSC having jurisdiction
not govern private utilities such as thosc estahlished to scrve Ð sub-
division, Le, Lely, or The Glades; nor will they govern any govern-
mental utility such as Inmok~lce Utility.
The Action that the ~oard wishes to tðY.C at this tine was discus-
sed, during which Conmls~loncr Drown st~tcd that he sees no necd for
any furthcr Action; Commissioner ~enzel statcd that hc believes th~t by
will be added expenscs for the ^v~t~r Utility U~crs¡ and, Chðirman
loaving things as they arc, th0 only thing that will be accompli5hed
plstor salr! that he believes th,H It would be in the Interost of the
poop1e to avoid additional Dxpcnsus since It nppcnrs that the Courts
pnge ?(,
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will probably grant ð rate increase that could be even higher than lh~
County's consultant recommends, in addition to the people hnving to
bear the legal expense of ð lawsuit. Commissioner Wenzel stated that
he believes that the answcr to the entire issuc would be an entirely
ncw franchise ~greement with ~vatar, in fact, hDve all utilities
operate undcr a different type of franchise. County Attorney pickwor~,
slated that even if this were possible, the utility still has the right
to a fair and reason~b1e percentélge of profit based on their
investment; the County is dealing with a private company; we li~e in a
private enterprise system where no one is required to contribute his
money or labor for nothing to society, No matter what kind of a
franchise is initiated by the County, these facts will not change.
Commissioner Kruse asked Mr. pickworth if there is anything to
prohibit a portion of the users from filing a "class action suit" and
in the event that they lose the suit, they pay the legal fees rather
than all of the users? She said that in all good conscience, she
cannot commit 1000 people to legal fees if only a portion of those
people arc willing to take the chance of losing a court battle and
having to pay those fees. Mr. pickworth said that damages would
probably be counterclaimed in the event that the claims were
non-meritorious and in that case those who filed the suit would be
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responsible for damages.
Memberß of the audience asked if there was any law that required
the people in Golden Gate to tie into the utility and if Avatar coul<'
terminate the sewage? Also asked w¡,\s whether or not the utility would
still be required to furnish water to the fire hydrants if the
customers refused to pay their utility bills? There was a len9thy
discussion reg~rding thase qUcSÖ~!5' n~~~g which Utilities Manager
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. .
Berzon told Commissioner Wenzel that he did not know if there is an
ordinance applicable to Golden Gat~, that would require the people to
"hook up" to the utility rather than _install wells for water. He said
th.Ü the kind of water and the depth of the wells wo u 1 d be similar to
that which is J\vatar'S present source.
Attorney Ben Girtr.Hln, representing J\vatar in the absence of Mr.
Gatlin, stated that the utiltiy has a constitutional right to a fair
and reasonable return on its investment. He also stated that the
County's consultant has verified the opcrational costs of Avatar and
testified to samc during the last public hearing, as well as indicated
that J\vatar is asking for less than the established fair and reasonabl~
percentage rate of return. He said that he believes that th~ Courts
will give Avatar the established rate of return if this goes to court.
He said that undcr the current franchise the utility is entitled to
More than they are requesting. He said that he believes that there is
no evidence in the record tha t ...'ould suppo r t the decision to gnmt a
rate less than that which the County's consultant has recommended. I\e:
said that ^vatar is willing to accept those rates and that he sees no_
alternative for Avatar, if the Board does not approve them, but to seek
an appellant review tþrough the Courts. He said that he is convinced
that a legal battle will result in increased costs to the customers of
J\vatar. He also outlinen the various concessions that he claimed
J\vatar hns made, including accepting the County consultðnt's method of
~etcrmining operating ex~cn5es, based on original costs rathcr than on
replacement costs.
Upon completion of ~~r. Girtmiln's presentation, Mr. Eerzon statod
that he sees no alternative under the present franchise agrcement but
to approve the rate increases that the County's consultant has recom-
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Mended, and he concluded that 1\vðtar has m~dc several concesslon5, one
of which is their agreement to rcfile the rate application based on.
original cozt rather than on replacement costs as called for in the
franchise agreement. He said that Avatar Ðgreed to make their request
on the basis of PSC rules even though they were not obligated to do so.
Commissioner Kruse moved that the BCC grant Avatar the rate
increases for water and sewer, as recommended by the County's con-
sultant, in an effort to avoid any further problems within this are~.
Commissioner Wenzel seconded the motion which carried 3/2, with Com-
missioners Wimer and Brown opposed.
ORDINANCE 81-21 ADOPTING THE 1979 STAND^RD BUILDING CODE WITH 1980
REVISIONS - ADOPTED
Legal notice having been published in the Naples Daily NewS on
April 3, 1981, as evidenced by 1\ffidavit of publication filed with the
Clerk, public hearing, having been continued from March 31, 1981, was
opened for further consideration of the adoption of the 1979 Standard
Building Code with 1980 revisions.
Community Development Administrator Terry Virta stated that it is
his recommendation that the Board adopt the proposed ordinance before
them today which adopts the.1979 Standard Building Code along with the
1980 revisions and Collier County Building Inspection Department
amendments. He said that, for the sake of the State Statutes, he would
like to poi~t out that the Building Director does feel that this code
i8 more stringent than the presently existing code.
Commissioner Wenzel moved, seconded by Commissioner Kruse and
carried unanimously, that the Ordinance as numbered and entitled below,
be adopted and entered into Ordinance Book No. l2.
MOK 061 PActa
pag e 29
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PROPERTY R~L^TIVE TO PETITION TDn-C1-2C ÐXCLUDBD FnOM DCC DIRECTIVE OF
41/.1/81 TO TEMFon¡\I1JLY CE1\SE Tn!:: TDR pnoc~~s; P,01\RD !lCTIOI-' OF 4/21/E'1
RE DENI!lL OF 1\CCfPT1\NCE OF GU~n~NTff n~ SAME PETITION STANDS
Assistant County 1\ttorney Anthony rires stûtcd thð~ during the
public heûring of April 2l, 1981 reqûrdin~ petition TDR-81-2C, the
Board denied the acceptance of a guarantee from Collier Development
corporation for transfer of certain development rights. He said that
subsequent to that, the Board directed that no TOR's, including the
ones relative to petition TDR-Cl-2C, he granted. ~r. pires reported
that Collier Corporation representatives have discussed this situation
with the staff and arc in a situation where they would like to request
reconsideration by the poprd regarding the inclusion of their Tr~'s in
that action; they also request reconsideration of the approval of the
transfer of the development rights. Mr. pires outlined the four steps
necessary if the Board should desire to reconsider their action
regarding the acceptance of a guarantee. He further noted the steps
necessary in the event that the Board ~Iishes to take action on the
acceptance of a deed for the property fro~ Collier Development Corpo-
ration rather than the proposed guarantee.
There was some discussion regarding the intent of CO~Missioner
Wimer's motion of 4/21/81 to hold all TDR's in abeyance until the TDR
ordinance is amended. Commissioner Wimer stated that he mistakenly
included the two TCR'S relative to petition TCR-81-2C in that motion.
Also discu~sed was the statement by Commissioner pistor that he
understood that the petitioner is willing to change from a guarantee to
an actual transfer of the deed for the property relative to petition
TDR-BI-2C, ðnd what effect that might' have on the action taken last
week to deny that transfer. Mr. pires said that, if this is the case,
the petitioner will need to amend the TDR application and so indicate
~ 061 f'ACEZ38
Page 30
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April 2A, 1981
that they are willing to transfer the deeds to the propnrty; then the
BCC could authorize the transfer of TDR'S by Mr. virta.
Mr. wimer ~oved that the two TDR's relative to Petition ~OR-Bl-?C
filed by Collier Development Corpor~tion, be excluded from the Board
directive of 4/21/81 that no TDR's shðll be approved; that ditective
shall apply to all future TDR'S. Com~issioner Brown seconded the
motion. Co~missioner ~imer clarified the fact that the acceptance of
the offer of D deed for the TDR'S from Collier Development Corporation
is not included in, nor is it a prerequisite of, thi~ motion. Mr.
pires stated that this' would then allow the Collier Development
corporation the opportunity to come back to the Board for acceptance of
the deeds to the property in question for approval of the TDR'S.
Commissioner Brown asked the representative of Collier Development
Corporation if this is agreeable to them?
Mr. Edward Kant, representing Collier Develo~ent Corporation,
stated that it was his client's intent that, because they nad made the
offer of guarantee as provided in the Section IX of the zoning
Ordinance, they would be allowed to continue to move forward with the
transaction as originally presented. He said that he never made the
representation that they would be willing to proffer a deed, and he
does not know who did make that representation. Ee said that he
believes that Commissioner ~,imer did r.akc an honest mistake in includ-
ing the two TDR's rc Petition TDR-8l-2C in his notion to hold TDR's in
abeyance. Planner Le~ Layn~ stðted thðt tbe ordinance provides that LI
transfer of a TDR by guarðntee is subject to the accept~nce of that
guarantee by thù ßCC; the Eoard did not accept that guðrantee,
therefore, the TDR'S were not ~ranted. She s~id that if the petitioner
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offers the deed to the County, and upon acceptance by the ~oard of that
deed, the TDR's can be granted.
After the discussion, Com~issior.cr ~imer aske0 that ~is motion be
voted upon, specific~lly, to remove the two TDR's relative to Petition
TDR 81-2C from the Board direction to hold all TDRls in abeyance, until
consideration has been given to amending the TDR ordinance regarding
contiguous property. He stated that he did not intend to change his
vote on the denial of the acceptance of a guarantee for these TDR'S.
Upon call for the question the motion carried 4/1, with Commissioner
Wenzel opposed.
During a discussion regarding the posture of the Board regarding
the denial of the transfer of the development rights for Collier
Development Corporation and ,that regarding the acceptability of this
process if a deed were to be offered, Chairman pistor stated that he
did not believe that there was any further action that the Board could
take until such time as the petitioner prepares further documentation.
Mr. pires stated that he does not believe that a transfer can be
effectuated until the petitioner amends their application regarding the
offering of a deed for the property in question. It was the consensus
of the Bo¿rd that the action of 4/21/81 denying the acceptance of a
guarantee re petition TDR Ol-2C stands. Mr. Kant asked if he
understands that the Board would be willing to entertain the acceptance
of the two ~DRls upon the proffering of a deed to the property?
Commissioner Wimer stated that he would look favorably on approval of
the TDR's if there was a deed offered, although he can only speak for
himself. Commissioner pistor also stated that he would.
MO^ 081 rA~ 24.0
pag e 32
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Apr 11 28, 1981
CRA~T APPLICATION RE CO~MUNITY CARE FOR THE ELDEny PROGRAM APrROVED1
cnAIn~AN AUTnORIZED TO SIGN COMMITMtNT OF CASH ~ATCH AND IN-RIND
PEnSON~EL
Social fervices Director Martha Skinner referred to the E~pcutlve
Summary submitted ûs part of this date's agenda package, and summarized
the contents thereof. She explained the need for a Community'Care for
the Elderly Progra~ as part of the Collier County Homemakers Service 1n
order to serve the needs of the frailer elderly of Collier county.
Ms. Skinner explained that, as a result of recent targeting of
Collier County by' the states ^ging Office, the project will be funded
for up $35,000 annually by the State, adding that the local match for
this grant will be IO~ of the total program budget. Also, some of the
local match may be in-kind services.
Commissioner Brown ~oved, seconded by Commissioner wimer and
carried unanimously, that the Grant Application for the Community Care
for the Elderly Program be approved and thc Chairman be authorized to
sign the commitment of cash match and in kind personnel.
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1\pdl 28, 1981
FI~^L PL1\T l\PPROVAL FOR QU1\IL CRf.EK UNIT I RE PETITION FP-Bl-6C,
M,..1.¡CHESTER INVESTMENTS GR1\NTf.D; CONSTRUCTION DRl\WINGS l\ppnOVED1
RECORDATION \'lITHHELD UNTIL RECEI PT OF REVISED InREVOC1\BLE LETTER OF
CREDIT
planner Lee Layne stated that Petition FP-Bl-~C is a request for
final plat approval for Quail Creek Unit 1, which is located qne mile
north of Immokalee Road, 1/2 mile east of the 1-75 interchange. She
said that, subsequent to this ite~ being submitted for placement on
today's agenda, the Community Development Division received a copy of a
letter from the Engineering Department which indicates that the County
Attorney requests certain changes in the language within the Irrevoc-
abl~ Letter of Credit submitted for security for the construct~on.
Therefore, the staff recommends that the Board approve the construction
drawings and the final plat, but, withhold the recordation until the
revised security is received.
Commissioner Wimer moved, seconded by Commissioner Brown and
carried unanimously, that the final plat approval re Quail Creek be
granted; the construction drawings be approved¡ and that recordation be
withheld until receIpt of a revised Irrevoc~ble Letter of Credit·, as
recommended by staff.
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*Irrevocablc Letter of Credit No. G A91R, Bank of ~ontreal, (Replacing
Letter of Crcdit No. G8904) received by Clerk's Office on 5/5/81.
RESOLUTION BI-I02 CORnF:CTING ^ DRI\FTING f,RROR IN TilE OFFICIl\L ZONItJG
ATLAS RE P~RCEL 2.1, SECTION 30, T50S, R29E - I\OOPTED
Commi£sioner wenzel mov~d, seconded by Commissioner Kruse and
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carried unanimously, that Rc£olution ?1-l02 correcting a drafting error
in the Official zoning Atlas rc parcel 2,1, Section 30, T50S, R29E, be
ðdoptcd.
PðgC 34
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&tOA OBi fAct 251
April 28, 1981
RESOLUTION 81-103 RE PETITION PU-Bl-4C, MARINER pnOPF.RTIES, REQUESTINC
A PROVISIONhL U5E (5) OF THE WRT" DISTRICT FOR 1\ fALE~ OFFICE FOR TIME
i' SUhRE FACILITIES RE PROPERTY I<NO\\'N 1\S El\CLES t-JEST - 1\DOPTF:D SUBJECT TO
STIPULATIONS; CAPC FINDING OF Fl\CT AND PETITIONER'S AGREEMENT TO
STIPVL~TIONS ^CCEPTED.
planner Lee Layne stated that petition PU-8l-4C, filed by ~ariner
properties, is requesting ð provisional use (5) of the "RT" D{~trict
for ð sales office for the time share f~cilities known as Eagles Nest,
located on ~he west side of North Collier Boulevard, south of and
adjacent to Marco ~eðch Hotel.
Ms. Layne reported that the CAPC held their public hearing on
April 16, 1981 and based on the finding of fact, recommended approval
of petition PU-81-4C, subject to the following stipulations:
1. Final site drainage plans be submitted to and approved by the
County Engineering Department prior to the start of any
construction.
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2. Sales Office must be installed in accordance with the appro-
priate Collier County and Standard Building Codes.
3. One 2A with a B.C. rating fire ~xtinguishcr must be
installed.
4. A smoke detector shall be installed.
6. Final approval for signs must be received by the zoning
Director.
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5. Parking area must be surfaced with a material other than
limerocK, such as red rivcr gravel, shell, etc.
There was a brief discussion regarding the placement of this sales
office at ground level without consideration to the Flood prevention
Ordinance regulations, Commissioncr pistor stated that he is concerned
with the flood prevention regulations and the variances thereto,
because he has been inforMed by the head of the Federal Flood D~Mage
Insurance Program that some counties face losing their insurability
status under this program if they continue to gr~nt variances to the
P1Iqe 3S
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regulations. Ms~ Layne said that the BCC gave the direction for
approval of this ôbout 1-1/2 months ago, and that this instDnce is not
considered as a variance; ðccording to the Flood prevention Ordin~nce,
there is a provision for te~porary use of buildings. ^lso discussed
was the amount of time that this sales office may remain on the
property, during which ~s. Layne stated that the provisionÐl use for a
sales office limits the use as such to one year. ~r. Art Siedel,
representing the petitioner, stated that the intent is to keep the
sales office for one year. The discussion continued regarding flood
prevention measures and Ms. Layne suggested that an additional
stipulation be included in the Board's approval of the subject petition
whereby the petitioner must remove the provisional use at the èh~ at
one year or at the completion of the constructicn of the permanent
building, whichever comes first, She said that the petitioner has
already indicated that this would be agreeable-
Commissioner wimer moved, seconded by Commissioner Brown and
carried 4/1, with Commissioner ~enze1 opposed, that Resolution No.
81-103, re Petition PU-8l-4C, granting a provisional use (5) for
property known as Eagles Nest be adopted, subject to above-referenced
CAPC stipulations and the additional stipulation that the provisional
use be removed at the end of one year or when the construction of the
permanent buidling is completed, whichever come first¡ and, that the
.Board accept the CAPC finding of fact and the petitioner's Agreement to
CAPC stipulations.
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&CQK' 061 PAC¡ 261:
April 2B, 1981
TEMPORARY RESIDF.NCE PE~'IT RE PETITION TR-Al-5C, EL~ER ~LEY~NDER, RE
USE OF TRAVEL TRAILER ~HILE CONr,TRUCTING PERM1.NENT REGIDENCE ON
PROPERTY IN TR~CT 50, UNIT ~5, GOLDEN G~TE f,GT^TES - ~PPROVED
zoning Director ùnffory 'Perry referred to the Executi'v" SummtJry
dated 4/15/Bl, and summarized the contents thereof, including the
reco~~endation that the Baord approve the temporary rcsidence'pørmit to
allow the utilization of a travel trailer during the construction of a
principal residence on the East 75 ft. of the West 150 ft. of Tract 50,
Unit 95, Golden Gate Estates, for a period of 90 days, with the pro-
vision of an additional 90 days extEonsion to be allowed at the discre-
tion of the zoning Director.
Cor.U!ìissioner I"enzel moved, scconded Commissioner Wir...r and carried
unanimously, that Mr. Perry's rccommendation be accepted and the
aforementioned temporary residence permit be approved subject to the
termS outlined by Mr. perry.
RESOLUTION 81-104 REPEALI~G RESOLUTION 81-53 AND PROVIDING FOR THE
ASSESSMENT OF LIEN FOR THE COST OF ABATEMENT OF A PUBLIC NUISANCE RE N.
DALE CAIN, LOT 3, BLOCK 3, NAPLES ~ANOR ~DDITION - ~DOPTED.
Commissioner W2nzel moved, seconded by Commissioner Kruse and
carried unanimously, that Resolution 81-104 rcpealing Resolution 81-53
and providing for the assessment of lien for the cost ot abatement of a
public nuisance regarding property located on Lot 3, Block 3, Naples
~anor Addition, be adopted.
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PRELIMINARY ACCEPTANCE GRANTED RE CtRT^IN STREETS ~IITHIN MARCO BE~CH
SUBDIVISION
Commissioner wenzel asked that the record .reflect that the fol-
lowing streets within Marco Beach Subdivision for which th6 ~ounty
Public Works Administrator is recommending preliminary acceptance were
constructed under the old specificationsz
UNIT ONE
Sixth Street (Vellowbird to Nassau Road)
UNIT FOUR
Bluebird Avenue (RoSe Court to Yellowbird)
Rose Court (North Collier Boulevard to Bluebird)
UNIT FIVE
Sheffield Drive (Covewood to Dogwood)
Covewood Drive (Sheffield Drive to SIR. 92)
South Sunset Street (Sheffi~ld Drive to S.R. 92)
South Floral Street (Sheffield Drive to S.R. 92)
Marinor Street (Sheffield Drive to S.R. 92)
Dogwood Drive (Sheffield Drive to S.R. 92)
UNIT SIX
Elcam Circle (North Collier Boulevard to Bald Eagle Drive)
UNIT THIRTEEN
Caxambðs Drive (Olds Court to Kirk Terrace)
Commi~sioner Wenzel moved, seconded by Commissioner Kruse and
carricd unanimously, that prelimin~rily acceptance for the above-
referenced streets in Marco Beach fubdivision bc granted, subject to
Deltona Corporation maintaining them for one year, at which time they
will be reinspected for any deficiencies.
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REVISED FRANCHISE /\,GREEp.lENT WITH SI\NDII\ Cl\BLEVISYON, INC., FOR Cl\BLE
TELEVISION IN H\~OKI"'LEF. ^PPF-OVCD FC1R F.XfCUTION BY TIlE CI11\IR,.,l\N
county Manger Norman stated that on March 10, 19B1 the Eoard
approved the franchise for Sandia Cab1evision, Inc. for cab1evision
service to the Immoka1ee area, conditionù1 on Sandia Cablevision, Inc,
depositing in eScrow by March 15, 1981 an amount equal to the estimated
first year's franchise fee in lieu of a bond. He reported that thcre
were some d~lays incurred in closing for acquisition of the franchise
and noW that they have been overcome the franchise agreement needs to
be amended because Sandia Cablevision was unable to meet the March 15th
deadline. He said that Sandia Cñblevision is obligated to make that
payment now and, hereafter, will be required to make that payment on
March 15th, of each year. He recommended that the Board approve this
amendment and authorize the Chairman to execute the rcvised agreement.
Commissioner Brown so moved, seconded by Co~missloner Wimer and
carried unanimously.
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SELECTED POSITIONS RE CETA PSE FUNDED FMPLOYEE TERMINATIONS CRRATEDI
TERMINATED on RETAINF.D AS INDIC~TED
Administrat.ive Assistant Neil porrill reviewed célch 0: the twelve
CETA positions affect.ed by PSE funding cutb~cks t.hat arc being
recommended for retent.ion. He included an explanat.ion regardjng the
status of Dvailable funds in each of the relevant Depart~ent budgets or
the corresponding need for transfer of funds fro~ Contingencies
(General Fund) if the Board were to approve the retentions. Chief
Deputy Sheriff Raymond Barnett requested that the Board consider that
when the responsibility of the stockade was transferred to the Sheriff,
the three positions that. will be affected by this cutback were
approved. He added that there was no "contingency" funds in the
corresponðing budget at that ti~e, and he requested the Board approve
the retention of these positions. Also discussed was the fact that
CHSI will be losing 14 positions due to the PSE cutbacKs, 1uring which
Commissio~cr pistor stated t.hat he has requested that this be discusse~
1n ~ meeting with Dr. Cox and Messrs. Norman and Clark before the Board
makes any kind of decision.
After the discussion, Commissioner ~enze1 moved that all twelve
positions recommended for retention be denied. The motion died for
lack of a second and the discussion continued.
It was the consensus of the members of the Board that each of the
.12 positio~s be voted upon separately and the following are the actions
taken on each position:
CO~MUNITY BLOCK GRANT/SECRETAry - RETAI~ED WITH STIPULATION
Commissioner Kruse moved, seconded by Commissioner pistor and
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çarried 4/1, with Commissioner Wenzel opposed, th~t the position of
~ OBl n:E Z16
page 40
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April 28, 1981'
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secretary for Community Block Grant Programs be retained nnd funded
through federal 9rant monies.
SHERIFF'S DEPARTMENT/(3) CORRECTIONAL OFFICERS FOR STOCKADE - CREATED
WITH STIPULT\TION
Commissioner Brown moved, seconded by Commissioner Kruse'and
carried 3/2, with Commissioners Wimer and Wenzel opposed, that the
three positions for the Immokalee Stockade within the Sheriff's
Department be created and that the Sheriff's Department endeavor to
provide 1/2 of the required funds.
OCHOPEE FIRE DEPART~ENT/FIREFIGHTER - CPET\TED WITH STIPULATION
Commissioner Wimer moved, seconded by Commissioncr Kruse and
carried 4/1, with Com~issioner Wenzel opposed, that the position of
firefighter for the Ochopee Fire Department be created, subject to t~e
availability of funds from the Ochopee Fire Control District's revenue.
PL1\~NING t::EPlIRn1ENT/PLl'.NNH'G lIIDE - RETl,INED "'ITH 5TIPULl\TIOl.d
Commissioner Brown moved, seconded by Commissioner Wimer and
carried ~/1, with Co~rnissioner Wenzel opposed, that the position of
Planning Aide for the Planning Depart~ent be retained through the end
of Fiscal Year 1980-81, funded from available funds within the Planning
Department's budget.
ENFRGY SECTION/ENERGY SPECIl\LIST - CREATED
Commissioner \.;imer moved, seconded by Commissioner Brown and
carried 4/l, that the position of Energy Specialist within the Energy
Section be created and the necessary funds allocated from contingcn-
cies.
pag e 41
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PEn50NNEL/CLF.RK I - RETl\INED ¡':ITtI 5TIPULI\TI0\1S
Commissioner Brown moved, seconòed by Commissioner ~rimer and
carried 01/1, with Com~issioner \\'enze1 opposed, that the position of
Clerk I within the Personnel Department be retained for the remainðer
of Fiscal Year 1980-81 and funded with DVðilab1e monies from within the
Personnel Depðrt~ent's budget.
PARKS AND RECR~ATION/ßOOKREEPER - NOT PETl\INED
Commissioner Ero~m made a motion to retain the position of book-
keeper in the Parks and Recrcation Department for the remainder of
Fiscal Year 1geO-~1, The motion died for lack of a second.
Commissioner Wenzel moved, seconded by Commissioner Kruse and
carried 4/1, with Commissio~er Erown opposed, to disapprove the reten-
tion of the position bookkeeper in the parks and Recreation Department.
PARKS AND RECREI\TION/~SSISTÞ~T RECRE~TIO~AL SUPERVISOR - ~OT RETAINED
Commissioner \-1cnzel moved, seconded by Comr.lissioner Kruse and
carried unanimously, to disapprove the retention of the position of
assistant recreational supervisor in the Parks nnd Recreation Depart-
ltIent.
MUSEUM/CLERK I - NOT RET!>.IN.¡:;[,)
Commissioner "':enzel moved, seconded by Comr.dssioner Browr. and
carried 4/L, with Commissioner Kruse opposed, to disapprove the reten-
tion of Clerk I for the Museum.
WOK 061 PAC( 2.78
pac¡e 42
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aû~1l 061 fACE 279
GOLDEN GATE COMMUNITY CENTER/CUSTODIAN - RETAINED NITH STIPULATION
Commissioner wimer moved, seconded by Commissioner Xrusv and
carried unanimously, that the position of custodian for \.:~ e Golden Gate
Community Center be retùined, subject to the availability of funding
from within the Distrist's budget.
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****************RECESS - 12:30 P.M. to 1:30 P.M.******************
***The mp.eting reconvened at this time with Commissioner Wimer
absent and Deputy Clerk Skinner replacing ~eputy Clerk Davidson··
CHAIRMAN AUTHORIZED TO EXECUTE ~ CONTRACT FOR OPERATING A CONCESSION AT
TIGERTAIL BEACH AWARDED TO ~R. S^L Þ~GELERI
~
purchasing Dircctor Frank ¡':llcox reported to the Board that from
the interested pùrties who submitted proposals for oper~tion of a
concession at Tigertail Beach, the Selection Committee recommends that
the contract be awarded to Mr. Sal ^ngeleri since he will prvvide the
supervision and management of the beach as well as opening the park at
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dawn and closing it at dusk. County Manager Norman explù\ned that Mr.
Angeleri will provide clean up of the beach area and that with him
opening and closing the park a substantial savings will be provided the
County. Mr. Norman said that Mr. l\ngeleri has agreed to pay the County
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10% of the revenue from opera~ing the concession.
Commissioner ~enzel moved, seconded by Commissioner Brown and
carried unanimously 4/0, with Commissioner ~i~er ðbs~nt, that the
Chairman be authorized to execute the necessary contract for a
concession at Tigertail Be~ch to Mr. S~l Angeleri for ð period of three
(3) years with option to renew with all the stipulations covered in the
Boùrd's concessioners proposal,
PlIge 113
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April 2B, 1981
BID 1481 AWARDED TO TAMI~I FORD FOR 11 PICK-UP TRUCKS FOR USE BY THE
BUILDING INSPECTION DEPARTMENT- APPROVED
Legal notice having been published in the Naples Daily N~ws on
April 7 and 9, 1981 as evidenced by Affidavit of publication filed with
the Clerk, bids werc received up to April 22, 19B1 for Bid '4~1 for 11
pick-up trucks for use by the Building Inspection Cepartment,
purchasing Director Frank Wilcox explained that bids were received
for eleven (11) pick-up trucks and an evaluation was based on the
initial bid price plus the 'cost of fuel for 60,000 miles based on the
EPA combined estimates as quoted in the 1981 gas mileage guide as
prepared by the Department of Energy. He said that all the ve~icles
were bid standard with the smallest available engine and the only
options were airconditioning, rust proofing and tinted glass. He said
of Naples, Florida. He said that the amount of $72,718.20 will be
that the stðff reco~~ends that the Board award the bid to Tamiami Ford
carried unani~ously 4/0, with Commissioner vimer absent, that Bid '481
Commissioner Brown moved, seconded by Commissioner ~enz~l and
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charged to the Building Inspection Department.
$72,718.20 as contained in the Executive Su~~ary dated 4/24/81.
for 11 pick-UP trucks be awarded to Tamiami Ford in the amount of
UTILITY EP-,SEMEtJTS IN THE: VICINITY OF \oIIGGINS PASS Y^CIIT CLUB - TlCCEPTED
rOR RECORDATION
Utilities ~anager Irving Berzon recom~cnded thðt the Board accept
two utility e~sements at Wig~ins Pass Yacht Club which will permit
Page 44
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connections into the County force m~ins along vanderbilt Beach Road.
He said that Wi~gins Pass Yacht Club will pðy for the connection.
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Commissioner Wenzel moved, seconded by Commissionor Brown and
carried 4/0, with Commissioner Wimer absent, that the Board accept the
utility easements in tho vicinity of Wiggins Pass Yacht Clut 3nd
authorize the recordation of said easements in the official records.
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Aprll 28, 1981
BID '479 ~W~RDED TO J , N ENVIRONMENT~L SERVICES, INC. FO~ AN~LYTICAL
SERVICES CONTRACT - APPROVED
LegÐl notice having been published in the Naples Daily NewS on
March 31 and April 2, 19~1 as evidenced by Affidavit of publication
filed with the Clerk, bids were rcceived up to April IS, 1981·for Bid
1479 for analytical services contract
Utilities Manager Berzon explained that there is an annual
contract to provide analytical services in connection with moni~orin9
and data reporting which his department provides to the DER and that
the low bidder was J & N Environmental Services, Inc. Mr. "Eerzon gave
clarification to Commissioner Kruse regarding the bid.
Commissioner IVenzel moved, ~;econded by Co~missioner Brown and
carried 4/0, with Commissioner wimer absent, that Bid ~479 for
analytical services be a~arded to J & N Environmental Services, Inc. in
the amount of a monthly service fee of $250.'
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l\pril 2R, 19tH
BOl\RD l\UTHOnIZES THE PREPl\nATION OF THE pnELIMINl\ny ENGI~~ERI~G REPORT
FOR !""RCO SE\\'ER PHASE II IMPRovr.rŒNTS
Utilities Manager Irving Berzon referred the Board to ~ map on an
overhead board which had MCtlS marked ill yelloW representing those
areas presently under construction and areas marked in pink which are
estimated to be ready for new sewer construction, identified in the
agenda as Uft station areas C, M and O.
Mr. Berzon stated that he and Mr. Bill Barton have been upset with
the manner in which the job has progressed. He said thpt the problem
has been that the County is deal ing wi th ð co,o·tr :actor who has not
conducted the project in an efficient manner. ~r. Berzon said that on
April 24, 1921 he and Mr. Earton told the contractor that he was not to
proceed with any more work until the clean-up on the project is
completed. He said that the prcliminary ençineering fee has been
estimated to be approximately $15,000 ônd that those funds should be
raised from a special tax levied against the Marco Water Sewer District
and eventually transfcrred back to the benefited area when the
construction goes forward.
Commissioncr ~enzel moved, seconded by Commissioner Brown and
carried 4/0, with Commissioner Wimer absent, that the Board authorize
the preparation of the preliminary Engineering report for the Marco
Sewer phase II improvements.
Mr. Bi'll Barton, from '('ilson, ~~Iller, Barton, SolI and peek,
explained that the contractor has stayed within his schedule but that
for th: next phase he will do whatever is nccessary to see that the
lagging in the clean-up and restoration process does not occur.
Chairman pistor stated that one pumping station on ~CS5au Court is not
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April 28, 1981
installed correctly, and Mr. Berzon said that he had received the
proposal for mÐking th~ necessary changes for that station.
AUTHORIZATION FOR UTILITY DIVISION TO CH~RGE FEES FOR TI~E òPENT FOR
Rr.VIE~IING REZONE APPLIC~TIONS, SUBDIVISION MASTER PL~~S AND BUILDING
PERMITS FOR COMPLIANCE WITH COUNTY ORDINANCE NO. RO-ll2 - ~PpROVED
Commissioner Wenzel moved, seconded by Com~issioner Brown and
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carried 4/0, with Co~missioner Wimer absent, that the Board approve the
collection of fees for reviewing Subdivision ~aster Plans and building
permits for compliance with County Ordinance No. 80-112.
RESOLUTION GW 81-4 l>UTHORIZ ING AtDJ:TIONJ'.L BOt-'['~ ~:: v,,::~!,'L^ND WATER
DISTRICT DUE TO INCREASED CO~5TRUCTION COSTS " ~DOPTED
County Attorney rickworth explained that approximately $150,000
more than was originally authorized is needed to complete the con-
struction of the Goodland ~ater District and additional bonds need to
be authorized to be issued by the District to provide the long-term
financing for that additional money. He said that a bond resolution
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has been prepared for the incrcðsed ~mount of Series A Bonds from
$100,000 to S250,000 to reflect the increased monies needed.
Commissioner Wenzel moved, seconded by Commissioner 2rown and
carried 4/0, with Commissioner v..'imcr absent, that Resolution G't1 81-4
authorizing additional bonds for the Goodland Watcr District be
adopted.
PðgC 48
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RESOLUTION 01-106 TO GU1\ßAMTEE S250,000 OF THE $716,000 LOAN RE
GOODL^~D ~ATER DISTr.ICT - ArOPTED
County 1\ttorney pickworth explained that interim fin~ncing needs
to be secured for $718,000 with regard to the Goodland ~]ater District
and that $250,000 of that loan must be gu~ranteed. Fiscal Officer
Harold Hall explained that an attractive feature for the Board of
County Commissioners to be able to create MSTD's for the kind of
service was to give the advantage cf the Board to operate countywide
the ability to administer a Municip~e Services Taxing District enabling
that District to gain financial advantages such as being able to borrow
money for a sewer district an~ '~ said that is one of the intents of
the legislation,
Commissioner .,.,renzel moved, seconded by Commissioner Brown and
carried 4/0, with Commissioner Wimer absent, that Resolution 81-106 to
guarantee $250,00 of the $718,000 loan re Goodland Water District be
adopted.
paqe "9
&OOK D61 PACE 35D
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April 28, 1981
JOINT RESOLUTION a~s 81-1 hND R-RI-I07 CORRECTING JOINT RESOLUTION
CWS-OO-12 ~N~ R-80-2?B RF. REGIONAL WATER SYSTB~' BECAUSE OF TYPOGRAPHI-
C^L ERROR - ADOPTED
County Attorney pickworth explained that due to ð typogLaphicðl
error in Joint Resolution CWS-80-l2 and R-RO-22A which resolves to
condemn the property for the treatment plant site. He said that the
word require waG changed to acauire which resulted in a different
meaning and he asked ,for a resoluLion from the eoard to correct this
error.
Commissioner \-7enzel ~oved, Sf: . '."1ded by Commissioner Brown and
carried 4/0, with Commission€r .:imer absent, that Joint Resoltuion
!' CWS-Bl-l and R-BI-I07 correcting Joint Resolution a-rS-80-12 and
R-80-22ß re regional water system be adopted.
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ROUTIN~ RILLS - l\PPROVED FOR PAY~~NT
Commissioner \,'enzel moved, seconded by Commissioner Brown ðnd
cðrried 4/0, with Commissioner Wimer absent, that the routine ~;lls be
ðpproved for payment as witnessed by the following checks issued from
April 22, 1961 through April 28, 1981:
ACCOUNT
CHEC!~ NOS.
County Checks
7604 - 7812
BCC payroll
22576 - 23092
6
General Fund
BUDGET AMENCMENT el-89 RE TRAt-!SFEn OF FUNr'S TO APPROPRIATE CONTRIBU-
TIONS FOR YCUTM GUIDANCE - ADOPTED IN THE A~OUNT OF se,ooo
Commissioner Wenzel moved, sEconded by Commissioner Brown an~
CArr ied 4/0, wi th Co~missioner Í'limer absent, that Budget 1o.r.'lendment
81-89 transferring funds to appr~pr1a~e contributions for Youth
Guidance be adopted in the amount of $8,000.
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DUDGET AMENDI"Et-!T 81-90 RE TIU\N5FER OE' FUt.:pS TO 1\Pf'ROPRI"TE GR"NT FUNDS
FOR CONDUCTING SOUTHWEST FLORIDA 1\RCIIEOLObICAL CONFERENCE - "rOPTED IN
THE 1\MOUNT OF $3,650
Commissioner ~enzel moved, ~econded by CommiGsioner Frown and
carried 4/0, with Commissioner Wimer absent, that Budget ~mendment
81-90 transferring funds to appropriate State grant funds for conduct-
ing the Southwest Florida Archeological Conference in Collier County be
adopted in the amount of $3,~50.
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8COK 061 tl.CE 358
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BUDGET AMF:NDMENT fH-91 RE TRM!SFER OF FUNDS TO M'PROPRIATE DON^TIONS
RECEIVED FOR M^TERI^LG AND SUPPLIES INCURRED BY THE EU~MER C~~P BEING
CONDUCTED BY YOUTH GUIDANCE VOLUNTEER PROGRM1 - 1>.DOPTED IN TUE AMOUNT
OF S-1,550
Commissioner Wenzel moved, seconded by Com~issioner Brown a~d
carried 4/0, with Com~issloncr Wimer absent~ that Budget ^mendment
81-91 transferring funds to appropriate donations received for
materials and supplies incurred by the summer camp being conducted ~y
Youth Guidance Volunteer Program be adopted in the amount of $4,550.
BOOK 061 PACE360
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ADVERTISING AUTHORIZED Fon PUBLIC H~^RING FOR PUCLISHING SUPPLEMEHT1\L
BUDGET FCR INCREASE IN OPERATIONS OF BUILDINC INSPECTION rEPARTMEN~ -
APPROVED
Fiscal Officer Hll explained the request for the P-oard t~
authorize the IJdvcrtising for a public hearing on flay 12, 19(11 for a
supplemental budgct for increase in operations of the Building
Inspection Dep~rtment and he said that the fees collected will more
than cover the increased expenditures of $2C9,592 for the remainder of
this year.
Commissioner Wenzel moved, ~econded by Commissioner Brown and
carried 4/0, with Co~missioner .ilmer absent, that the. Board authorize
the advertising for a public hearing for ~ supplemental budget for
increased operations of the Building Inspcction Department.
.
RESOLU~ION 81-105 URGING STATE CF FLORIDA ASSISTANCE ~ITH COUNTY
GOVERNMENT CORRECTIO:~ FACILITlf.S CONSTRUCTION ^ND OPERATIQ~ - ADOPTEC
Chairman pistor explained that on April 21, 1981 the Foard agreed
that a resolution should be prepared urging State of Florida assistance
with County Government correction facilties construction and operation.
Hè said that he has such a resolution and he explained the contents
thereof.
Commissioner Wenzel moved, seconded by Commissioner Kruse and
carried 4/0, with Commissioner Wimer absent, that Resolution al-10S
urging the State of Florida assistance with County government
correction Yacilities construction and operation be adopted.
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800K 06! fACE BG2.
Page 54
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April 28, 1981
CR~IRMAN ~UTnORIZED TO SIr.N CERTIFICATES OF CORRF.CTION TO THE T~X ROLLS
Commissioner Wenzel moved, seconded by Commissioner Brown and
car~ied 4/0, with Commissioner Wimer absent, that the following
Certificates for correction on the Tax Rolls be approved and ~hat the
Chairman be authorized to sign same:
TANGIBLE PERSON^L PROPERTY
1980 TAX ROLL
~.
1980 - 117, 118 t19
MTED
-
4/20 - 4/21/81
BO~RD ACCEPTS ~5,OOO FROM MR. FRED J. ~ORRISON, PRESIDENT, DEVELOPMENT
CO~P~NY OF NAPLES FOR CONSTRUCTION OF LEFT TURN LANE ~T S.R. 951 ~ND
HENDERSON CREEK DRIVE; PUBLIC WORKS DEÞARTMEIJT AUTHORIZED TO MAKE
~PPLICATION TO TPE DOT FOR PEnrIT TO CONSTRUCT SAID TURN LANE
Administrative Aide to the Board Grace Spaulding explained that a
copy of a letter to Mr. Barksdale from Mr. Fred J. Morrisun, President,
th~ Development Company of Naples, has been received re~ardlng a
required left turn lane at S.R. 951 and Henderson Creek !)rive in ~lhich
he states that he feels it is unreasonable for him to bear the entire
cos~ of the construction of said lane. She said that he said in the
letter that he recognizes th~ need for the lane and he has agreed to
donate a sum not to exceed ~5,000 toward the construction of the lane.
Public Works ~ministrator/County Engineer Clifford Barksdale
explained that this left turn lane was one of the top priority left
turn lanes when the DOT did their interim improvement program for S.R.
951 but it was unfunded at that time. III! said that as pðrt of the
building permit Ðppli~ation the COT was going to require Mr. ~orrlson,
P,HJ c 55
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April 28, 1901
with only 20 units not, directly on S.R. 951, to bear the entire cost of
that left turn lane. Mr. Barksdale said he agress that this is unfair.
Commissioner Wenzel moved, seconded by Commissioncr Brown and
carried 4/0, with Commissioner Wimer absent, that the ~mount of $5,000
be accepted from Mr. Fred J. Morrison for the construction of a left
turn lc'!me at S.R. 951 and Henderson Creek Drive and that the Public
Works Department be authorized to make application to tha DOT for a
permit to construct said turn lane.
CHAIRMAN AUTIIORIZED TO APPROVE EXTRA GAIN TIME FOR INMATE NO. Að 33713
AS REQUESTED BY SnERIFF
Commissioner Wenzel moved, seconded by Commissioner Kruse and
carried 4/0, with Commissioner ~!irner absent, that the Chairman be
.uthorized to approve extra gain time for inmate No. 1\~ 33713 as
requested by the Sheriff.
LAKE TRAFFORD CEMETERY DEED f26e - RECORDED AND FILED FOR THE RECORD
~
pursuant to action of the Board January 10, 1978 wherein the
Chairman was authorized to sign various deeds to Lake Trafford ~emorial
Gardens cemetery lots as the need arises, the following Deed numbered
26B was recorded and filed for the record.
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aOOK 061 PAGE 366
pag e 56
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Apri 1 28, 1981
CH~IRM^N PISTOR ~EOUEST~D TRAT A DISCUSSION RE ~ESOLUTION FOR THE 4\
S~LE TAX EXEMPTION FOR MOTon FUELS P.E RE~0VED AS ^ ~r.^~S OF OßTAINI~G
MONEY FOR ßULDING STREETS AND HIGHWAYS BE PLACED ON THE BCC AGEND~ FOR
MAY 5, 19~1 MEETING
Chairman pi~tor called to the attention of the Commissioners Item
12 of the Miscellaneous Correspondence and requested that the a dis-
cuss ion about D resolution for the ~% sale tax exemption for motor
fules be removed as a means of obtaining money for building streets and
highways be placed on the BCC agenda for May 5, 1981 meeting.
AUTHORIZATION FOR ENGINEERING DEP^RT~ENT TO OPEN CL^~ PASS - APPROVED
At Chairman pistor'~ request, Public ¡'forks' Admin~strator/County
Engineer Barksdale explained that Clam Pass has been open twice and it
has closed again. Following a recommendation from an Environmental
Consultant, the Engineering Department placed a cut that coincided with
the old natural area and that worked for about 40 days but two weeks
ago during a strong north wind it closed ~gain, he said. After dis-
cussing the situation with the DNR and DER, Mr. Barksdale said, they
recommended pursuing a more permanent solution to keep it open and that
some type of stabilization of the shores be devised. After he
explained that the problem resulted from a wide mouth where the old
pass was which is lower tha~ the sand dune system, and if a little
topping occurs, then sidcwash closes the pass, and Mr. Earksdale
recommended reopening the pass again.
Commi~ioncr Brown moved, seconded by Corrol",lssloner Kruse and
carried 3/1, with Commissioner Wimer absent and Commissioner Wenzel
opposed, that the Engineering Department be authorized to open Clam
pa s s .
. aOOK 061 PACE 3GB
Page 57
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Þ.pril '-8, 11:1(11
&COK 081 PACE369
COUNTY ENCINEE!HNG AUTHOTUZED TO punSUE TttF. SITUJ\TION IN Ifo'IMOY.-'L££
RrCARPINC TH~ CLEJ\~-UP OF SE~ER CPN~TRUCTION
Followin~ ~r. Barksdale describing the problem with the clean-up
of th~ sewer construction, it w~s th~ consensuS of the Board tha~ the
Cngineering Department should pursue directing the contractor of the
sewer in Immokalee to complete the clean-up of th~t project.
R£SOLUTIO!l/ 1:1-10S RE STRA\'J BALLOT FOR TI1E CREATI01" OF '" ~STD FOR ROM)
A~D STnEE:T EEl\UTIFICATIOI': AND AUn:ORITY TO LEVY Þ.N M' VÞ.LOREM TAX NOT
EXCEEDING l/A OF 1 MIL ON ÞLL RE^L PROPERTY ON ~"'RCO ISLANC, EXCLUDING
GOODLJ\Nn -ADOPTED
ChairnðnPistor explDined that a few weeks ago the Board approved
putting a rcsolution on the ballot Lor the rarco Island Chamber of
Comr.1erce to obtain an expression of elcctor sentiment with respect to
whether the County should create a road and street beautification
district on Marco Island, excluding Goodland, with authority to levy an
ad valorem t~~ not exceeòing l/~ of 1 mill on all real property.
Conmissioncr Wenzel moved, seconded by Commissioner Brown and carried
(/1, ~ith Commissioner \.:imer absent, that Resolution 81-108 re the
straw ballot he adopted.
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VI1.IIt.1.lIg 011 t.nia page W'.IS unsRtisfRctory
for microfilm reproduction when received,
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Th~rc buing no o~jcctio~, th: r~~ir jir~ct2~ th~t t~~ folJo~ins
corr.~st:'()~d'!nc(" b'J ~il0.~: an¿/::H ~ir';c",,:-1 to ':\., v.ìciou:'o (!~::i'.rt'1~:"\t$ .J;'
inèici~t-:!r' h;lo',::
1. L8'~tl'.r ,'.;tc.:,' ,'/7'/"1 f~,:,- Ch.orl,:; I'" Lo~r" c.-~ri~r,c<:n (;H(:>ns, Inc.
0~50.ctin') ':0 U"; "'1,1<". ,·r',,!i~i'î7r,!)sSC-;~1'p.r.t iv]ai"\5t th·dr
pro:-;rty for tI,e: [~:lt !."~,j:·s Iir',' "'r:r:;:1t ristrio::t. riJ,'rj
2. Letter (~3telÌ ,./"'/"1 fro': Cl:.r1"s ". Lor,;, 'le"1='olit~n (r.t.~rFri£~s,
I r.::., 0: ' j "' c t i r. CJ lot '>. :' ï , - r } ." :) ~ r 1 i ~ I i r.,' r ~. 2 S " ': 5 S,", C' n t. ~ ,., ,~ i r. s t
their prO!?2rty for t!,... r,':::t '''',:)1-,s c~r'-: í'y~1r1nt 'istri;:t. rUc:i.
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3.
Departr.1el'.,:,,~1 R'~i-ort:
4. L~tto;:!r d.'lt<:!d t,/21/~] fro~\ \:i11i':>l":1 F. "O' l~t;t, L,?", County E1",c~ric
Coov~riJtivc Inc. r;: ster":;!: 1 il~ t:~(~èt,C: or rc·~o'.'I~r: fror ~'"r:::o
L i CJ:ì t i :1') r: i s t riG ~ for ': 1':: :'" C;"I ~- ;-, 0 r "" r;:;--" 1" .., ]. F'11 ;:: rj .
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Lett¡:r cìõtcr1 .1/~1/;:1 fro,"" 1,'i11L~" f. !1o"ni;'tt, Llc!e Cour,ty F.lectric
COO[iicðti'J'.), Inc, r.~ str·.-"t li:;;t:: ,lr~:1,.~'" or r0"'OV:?:' frc-~ T;-:r~ol:.::l,::~
LiCJhtin'J ristrict [or U',(, r~or.t:-, of : :'rc~·, ]:·21. Filv].
5.
6.
Lett~r date;:; t,/':/:'J fro'" rr,1r.!~i', ~.nn,: ,:,(,s,::·;c, thc' COL:ncil on
F.:pi1epsy, !I~C., rcnue£tir.<1 pee é'¡;rrCV'; :!n::1 sul,:,or': th..,. <"FPlic,"tion
for COr:1pwnity C...re f.or th.: r.lc1'?rly Cr,)nt, xc "arthJ f,ldnncr;
f i 1 cd .
:
7. Mer.~o r]i't~~ "/10/;1 frc:' f'r. I, illL'r ',". Co~: :,t7tinq thi'.t: the
Collier rOL:nty Ec~lth ~::r2rtM~n" cnt\1u~i'stic~!1y 5U~~Olts the
i\f::plication of tto'.: Hor o::r-,.:;hcc :cr...icL' of C::>11 ¡','c Cour.ty for tho;:!
Comr.1unity Car;: for the E1~erly Cr~nt. xc ~~rthd Skinner: filed.
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pe t i ':: i 0 r, 0 f th ~
ShortS t~:3t the
bil:e path ¿¡lor.?
to Ninth Ro"rl.
r è 5 ~ :' (:: r. t 5 0 f F 0 !1 i ':: " S r. C f "S .~ n r; !..1 t t] \! E i c k 0 r y
2CC construct 'Frro:dr1i1t?1y 2,;-/:0 feet OF hike an:~
the \..;est si('e of. \'.1r.('(:r1)i1:: :-riv~ fro~,1 2cl1ch rOi1d
xc Mr, Earksda1e¡ filed.
8.
9.
Lë!ttcr àatec1 .,/2?./21 fro!"'! J.:\r.1C£ \.'. !)Y::¡1I~5 offE:rir.q éI te~r-orf.ry or
pe~élnent solution to rDrkin~ ~t Tigë!r T~il Park. xc ~r, Rice;
f 11 ed .
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10.
~tt~r dated 4/22/~1 froM Joyc~ r. Fetersiñ~, fept. of Con~unity
Affairs Bure.:Ju Chief, r~ Cr-7o-r,,)-1';C1 (79-\.r.-09-J\FOI) (S-l),
(\\itnf:ss l,ssist:!l1cC Pro'jr.-.r.1) (>xt",r.<:inc¡ conr1cètul<:tions tc Collier
County for reccivin::¡ iJ su¡:.r-1e:.1"i'lti11 ')r:Jnt ,"\wlr<Ì to support the
aforcl"lentione~ f'rojcct. fOf:>S \,~rc' tr"nS::r.1itteli/ y,c r'r. \'11li"'I1",
Rec':lc)o'ln ðn~ rs. Cin:Jl Fr.J:1z'1SC; fil!:d.
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Pðt]1t 59
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&00'" 081 f/.CE373 ,
April 28, 1981
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11. DEft notice of Public \t:orkshop to discuss l!r.1enc1nents to Ch~ptar-?·
17-2 F1orida,^dministrative Code, re~uleting conv~rsion of fossil
fuel boilers or stearn gener~tors to Gltern~tlve fuels. Filed.
". .;.
12. public Service t-'otices (filed)
. :-.jIi;~'.
8.
Docket l~o. rICO::?5-TP, ~;otice that testinony in this proceeè-
ing shall be prefiled in accordance ~ith the following ~~
schedule: eirect Testimony on or hefore 5/1/81; Intervenors'
Testimony on or before ~/15/r¡; Rebutt~l Testinony by comp~ny
(Southern Bell Telephone and Telegraph Co~pany) (if desired)
on or before 7/1/81. ~":!:
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r.ocket }.'o. 8l003!:-1'F (Hl) in re peti tlon of ~oul1-'?rn pell·:f
Telephone and Telc0raph Company to plðce into effect certain
new rates rnd charges rur~u~nt to Stction J('.r5, Florida
Statutes. -,'
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There being no ~urth~r business for th~ soo~ of the County, the
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meeting was ~~journef by ~lrEction of the Ch~irmDn ~t ,:~O P.~.
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printing on this pßge WI 5 unsl'!tisfl'!ctory
for microfilm reproduction when received.
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