BCC Minutes 02/19/1980 R
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Naples, Florida, February 19, 1980
LET IT BE REMEMBERED, that the Board of County Commissioners in and
for the County of Collier, and also acting as the Governing Board(s)
of such special districts as have been created according to law and
having conducted business herein, met on this date at g:OO A.M. in
Regular Session in Building "F" of the Courthouse Complex with the
following members present:
CHAIRI~N: Clifford Wenzel
VICE-CllAIRM/\N: Thomas P. Archer
John A. P1stor
C. R. "Russ" Wimer
David C. Brown (9:05 A.M.)
ALSO PRESENT: Harold L. Hall, Chief Deputy Clerk/Fiscal Officer;
Edna Brenneman, DA.puty Clerk; Donald A. Pickworth, County Attorney;
C. Will iam tlorman, County f-1anager; Irving Berzon, Utilities Division
Director; Danny Crew, Planning Director; H.. Gene Willett. Administrative
Assistant to County Manager; Thomas Hafner, Public Safety Administrator;
Lee Layne, Planner; Ro11ie Rice, Parks and Recreation Director; Mary
Morgan. Administrative Aide to the Board; and, Deputy Chief Raymond
Barnett. Sheriff's Department.
BOARD OF COUNTY COM~ISSIO~ERS
FIr/AL AGEfl'DA
February 19.1980
NOTICE: ALL PERSONS SPEAKING ON ANY AGENDA ITEM MUST REGISTER
PRIOR TO THE ITEM BEING HEARD.
REQUESTS TO ADDR'ESS THE BOARD ON SUBJECTS Will CII ARE
NOT ON THIS AGENDA MUST BE SUBMITTED TO THE COUNTY
MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF TilE
MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS"
AT 11:00 A.M.
1. INVOCATION
8O:lK 051 PAGE 503
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AGENDA - APPROVED WITH ADDITIONS
Commissioner Pistor moved. seconde~ by Commissioner Archer and
carried 4/0 with Commissioner Brown not present, that the agenda be
approved with the following additions:
1. Resolution confirming Bond Resolution revising cost estimates
re '~arco Water Sewer Phase I - Added under "Advertised Public
Hearings".
2. Confirmation of actions taken during Workshop Session
February 12, 1980 re Golden Gate Estates Study Committee.
and Land Use and Zoning of Pine Ridge Road area - Added
separately under "Board of County Corrmissioners I Report".
3. Authorization for Chairman to sign rights-of-way certificates
re Will oughby Acres project - added under "County Attorney I S
Report".
MINUTES OF JANUARY 29, 1980 MEETING - APPROVED
Commissioner Pistor moved. seconded by Corrmissioner Archer and
carried 4/0 with Commissioner Brown not present, that the minutes of
January 29. 1980 be approved as presented.
PROCLAMATION ESTABLISHING THE WEEK OF FEBRUARY 17 - 23, 1980 AS "NATIONAL
ENGINEERS WEEK" - ADOPTED
Following his readin9 of same, Corrmissioner Archer moved, seconded
by Commissioner Pistor and unanimously carried, that the following Proclama-
tion estab1 ishing the week of February 17 through 23, 1980 as "National
Engineers Week"'be hjopted. The executed document was received by Jerry
W. Eckert. cf the local chapter of the National Society of Professional
Engineers.
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801>>< 051 PAGE 507
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February 19. 1980
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RESOLUTION 80-35 CREATING SPECIAL ASSESSMENT DISTRICT FOR IMPROVEMENTS
TO THE EASTERLY PORTION OF BENSON STREET AND APPROVING PRELIMINARY ASSESS-
MENT ROLL - ADOPTED
Legal notice having been published in the Naples Daily News on
January 29, 1980 as evidenced by Affidavit of Publication filed with the
Clerk, public hearin9 was held to consider the adoption of a resolution
creating a paving district and accepting the preliminary assessment roll
for the easterly portion of Benson Street.
Public Works Administrator/Engineer Clifford Barksdale reported that
a petition was received on March 21. 1978 from 71% of the property owners
along the easterly portion of Benson Street requesting the creation of a
paving district for the subject street. He explained that the total pre-
liminary assessment roll for approximately 1,335 feet is $35,849.29, or
$26.8534 per fl~nt foot. One of the reasons for the high cost, said Mr.
Barksdale, is due to an extreme drainage problem at the eastern end of
the street and it is necessary to acquire a drainage easement and construct
an outfall ditch; one-half of the costs for same will be charged to the
assessment project with the other one-half being paid by the County.
There were no persons re9istered to ~peak, whereupon Commissioner
Pistor moved, seconded by Commissioner Brown and unanimously carried, that
the public hearing be closed.
Commissioner ?istor moved to accept the recommendation of staff and
for the adoption of Resolution 80-35 crcating a SpeCial Assessment District
for road improvements to the easterly portion of Benson Street and approving
the Preliminary Assessment Roll. The motion was seconded by Commissioner
Archer and unanimously carried.
Mrs. J. R, Matton, Benson Street resident. although not registered to
address the Board, was given the opportunity to be heard regarding several
questions she had pertaining to the project. Mr. Ba~ksda1e said that the
project will be started in approximatc1y five weeks and that when the
street improvements are madc thcrc will be a further public hearing on the
final assessment roll, and that those persons who are winter residents and
unable to attend the meeting may submit their responses by letters.
Fiscal Officer Harold Hall rcsponded to Mrs. Matton's inquiry regarding the
time period for paying for the assessment by stating that when the final
assessment is determined the time periOd can be extended to an appropriate
amount of time with the approval of the Board.
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February 19. 1980
RESOLUTION MWS 80-1 CONrIRMING RESOLUTION MWS-79-3. AS AMENDED, RE MARCO
WATER AND SEWER DISTRICT PHASE I - ADOPTED
Legal notice having been published in the Naples Daily News on
February 4, 1980 as evidenced by Affidavit of Publication filed with the
Clerk, public hearing was held to consider the adoption of a resolution
confirming Resolution MWS-79-3, the initiating Resolution establishing a
program for' the purpose of providing sewer improvements in the Marco Water
and Sewer District, and amending Section 2, Paragraph B. thereof to
reflect inflationary cost increases.
Utilities Division Director Irving Bcrzon recalled that the initiating
resolution was adopted as part of the bond validation process; however.
since that time, the cost estimates have risen substantially and. therefore.
a new resolution must be adopted. County Attorney Pickworth concurred.
commenting that the pertinent paragraph has been amended to show a total
approximate cost of $2.547,000, with $2.162.000 being payable by the levying
and paying of special assessments.
There were no persons registered to address the subject, whereupon
Commissioner Pistor moved, seconded by Commissioner Archer and unanimously
carried. that the public hearing be closed.
Commissioner Pistor moved, seconded by Commissioner Brown and unanimously
carried. th~t Resoll;:ion MWS-80-1, confirming Resolution MWS-79-3. as amended.
with regard to the Marco Water and Sewer District, be adopted.
Mrs. Charlotte Westman, Marco Island resident. pointed out that the
agenda for the meeting this date did not list the item just acted upon
with Attorney Pickworth replying that the item was advertised separately
in the newspaper and that. for some reason, it was not entered as part
of the agenda.
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February 19. 1980
60Q~ 051 PAG( 516
PETITION R-79-46C, MANCHESTER INVESTMENTS. REQUESTING REZONING FROM VARIOUS
ZONING DISTRICTS TO "PUD" FOR PROPERTY KNOWN AS SHERWOOD PARK. LOCATED IN
534. T49S, R26E - ADVERTISING AUTHORIZED FOR PUBLIC HEARING APRIL 1. 1980
Commissioner Archer moved, seconded by Commissioner Pistol" and
unanimously carried, that Petition R-79-46C, filed by ~~nchester Invest-
ments, requesting rezoning from "RS-4", "RM-l", and "RM-2" to "PUD" Planned
Unit Development for property known as Sherwood Park and located in Section 34,
Township 49 South, Range 26 East, which is located on the north side of
Radio Road, west of Palm Springs Subdivision, be advertised for public
hearing April 1, 1980.
PETITION R-80-1-I, IAPC, REQUESTING REZONING OF VARIOUS LANDS IN THE
IMMOKALEE AREA PLANNING DISTRICT AS PART OF THE "701" PLANNING ASSISTANCE
GRANT - ADVERTISING AUTHORIZED FOR PUBLIC HEARING APRIL 1, 1980
Commissioner Archer moved, seconded by Commissioner Pistor and
unanimously carried, that Petition R-80-1-I, filed by the Immokalee
Area Planning Commission, requesting rezoning of various lands in the
Immoka1ee Area Planning District, as part of the "701" Planning Assistance
Grant, and correcting conflicts between the zoning and the land use
designation on such lands, be advertised for public hearing April 1. 19BO.
PETITION V-80-2C, WILLIAM L. SLOCUM AND WILLIAM P. HILT, REQUESTING A REAR
YARD SETBACK VARIANCE ON LOTS 35, 36. AND 37, BLOCK 18. COLLIER CITY.
MARCO ISLAND - ADVERTISING AUTHORIZED FOR PUBLIC HEARING MARCH 11, 1980
Commissioner ~rcher moved, seconded by Commissioner Pistor and
unanimously carried, that Petition V-80-2C, filed by William L. Slocum
and William P. Hilt, requesting a rear yard setback variance on Lots 35.
36, and 37, Block 18, Collier City, Marco Island. be advertised for public
hearing March 11. 1980.
VACATION OF 60-FOOT ROADWAY KNOWN AS JACKSON AVENUE, MARCO ISLAND _
ADVERTISING AUTHORIZED FOR PUBLIC HEARING MARCH 11, 1980
Commissioner Archer moved, seconded by Commissioner Pistol" and
unanimously carried, that a petition to consider the vacation of a
60-foot roadway located at Lots 1 through 14, Block 19. Lots 42 through
49, Block 18, Parcel 27, described as the South 600 feet of a tract
designated as ~~luske Property, and known as Jackson Avenue. Marco
Island, be advertised for public hearing March 11, 1980.
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STAFF RECOMMENDATION RE PROPOSED PURCHASE OF "SURPLUS" PROPERTY FROM
SEABOARD COAST LINr. RAILROAD COMPANY ADJACENT TO COUNTY PROPERTY IN
IMMOKALEE - APPROVED
County Manager C. William Norman recommended that the Board consider
the possible purchase of certain property determined to be "surplusll by
the Seaboard Coast Line Railroad Company, adjacent to County property
in Immokalee, pOinting out that additional property will be required in
that area as the community grows for use by the County. After examining
the several parcels available, said Mr. Norman, two have been selected
which are felt to be the most appropriate to the County's needs and which
will more than double the available property for County usage. Mr.
Norman, referring to the Executive Summary with regard to the matter and
the attachments thereto, located the properties as being Parcels 11011
and "E" and total 4.8 acres. He said that the Railroad has indicated
that the price would be somewhere in the range of $13,150 per acre, for
a total estimated ~ost of between $60,000 and $65,000; however, in order
to determine the exact value of the property, a survey would have to be
made at the County's expense, which he said can be made by the County's
Engineering and Survey personnel. Concluding, Mr. Norman said that it is
his recommendation that the staff be instructed to proceed to determine
the exact value of the property and that, if it appears appropriate, the
acquisition of the property can be incorporated into the next year's budget
under th~ Capital .mprovement Pro9ram.
Commissioner Wimer moved, seconded by Commissioner Brown and unanimously
carried. that the staff recommendation with regard to the proposed purchase
of "surplus" property from thl~ Seaboard Coast Line Railroad Company adjacent
to the County property in Immoka1ee, be approved. as contained in the
aforementioned Executive Summary.
CHAIRMAN AUTHORIZED TO EXECUTE "PROJECT COMPLETION CERTIFICATION" OF THE
FLORIDA BOATING IMPROVEMENT PROGRAM FOR NAPLES LANDING
Pursuant to brief explanation by Parks and Recreation Director Rollie
Rice, Commissioner Pistor moved. seconded uy Conllllss loner BI'own ant.! unanimously
carried, that the Chairman be authorized to sign the Project Completion
Certification of the Florida Boating Improvement Program for Naples Landing,
said project having been completed in accordance with the original plans
approved by the Department of Natural Resources.
MOl( 051 PACE 517
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February 19. 1980
RESOLUTION 80-36 AMENDING RESOLUTION R-78-34 TO ALLOW A MEDIAN CUT ON
U.S. 41, ACROSS FROM THE WESTERLY ENTRANCE TO NAPLES SOUTH SHOPPING
CENTER - REQUESTED BY DEVELOPER - ADOPTED
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Planner Lee Layne reported that the developers of the Naples South
Shopping Center are requesting the Board to amend Resolution 78-34, which
granted a provisional use for a shopping center for property located next
to the Naples Federal Savings & Loan Association building at Rattlesnake
Hammock Road and U. S. 41, to permit a median cut across from the westerly
entrance to the Shopping Center. She said that the provisional use was
approved subject to deleting the stipulation requiring such median cut;
however, since the petitioner started construction. the FOOT Is requiring
the petitioner to place the median cut in the aforesaid location which,
therefor~ has placed the petitioner in the position of violating either
the Board's requirement or that of the Department of Transportation. Ms.
Layne exp1ai~ed that the staff and the Coastal Area Planning Commission
originally recommended the median cut to preclude "U" turns which would occur
in the viCinity of the subject property.
Commissioner Pistor said that the "U" turn problem could be prevented
by suggesting to the State that "No U-Turn" signs be placed on every cross-
over.
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Mr. Geoffery Purse. representing the developer, observed that the
purpose of the n.:::iian cut was proposed to make a safer access into the
center rather than to be forced to make a "U" turn farther on the Trail.
and added the comment that the Engineering Department is in agreement that
the crossover is necessary for safety reasons.
Public Works Administrator/Engineer Clifford Barksdale said that the
cut was recommended because it was felt to be good traffic management and
would help relieve congestion. He said that there will be a deceleration
lane into the shopping center for west-bound traffice and also one for east-
bound traffic into the median break. He further stated that signals would
not be installed until after a traffic study is made by DOT.
Deputy Chief Raymond Barnett, of the Sheriff's Department, voiced
concern over the pedestrian signal light presently located in close
proximity to the signal light at the subject intersection and a third
1i9ht, if it is installed, would be confusing. Mr. Barksdale said that
the mid-block pedestrian signal has been discussed with the DOT and whiCh.
in his opinion, has created more problems than it has helped in the matter
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February 19. 1980
of safety. He said that the DOT will review the signal's location and.
hopefully, arrive at the same conclusion. Commissioner Pistor voiced
agreement that removing the light will reduce the problem. Responding to
COJllmissioner Wimer, Mr. Barksdale said that if and when the new signal
light is installed it will be synchronized with the existing light at
Rattlesnake Hammock Road.
Commissioner Wimer, commenting that he is in favor of proper traffic
management, moved for the adoption of Resolution 80-36 to allow a median
cut on U. S. 41, across from the westerly entrance to the Naples South
Shopping Center, said Resolution amending Resolution R-78-34. The motion
was seconded by Commissioner Brown and unanimously carried.
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February 19. 1980
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RESOLUTION 80-37 RE PETITION PU-79-25C, MARCO ISLAND UTILITIES AND COUNTY
PLANNING OEPARTMENT, REQUESTING PROVISIONAL USE FOR LOCATION OF ADDITION
TO WATER TREATMENT PLANT, AND FOR APPROVAL OF EXISTING IIICINERATOR.
SEWAGE AND WATER TREATMENT PLANT AND ELECTRICAL SUBSTATION SITE _ ADOPTED
WITH STIPULATIONS; PETITIONER'S AGREEMENT TO STIPULATIONS _ ACCEPTED
Planner Lee Layne reported that Petition PU-79-25C is a request by the
Marco Island Utilities and the County Planning Department for a Provisional
Use in accordance with Section 8.10 of the Zoning Ordinance for essential
services on part of Tract 0 and all of Tract F, Unit 4, Marco Beach Sub-
division, further described as being located at Windward Drive and E1kcam
Circle. She pointed out the property under ~'etft1on by the utility firm
on the map provided, and also that part under petition by the County adjoining
it upon which the incinerator is located, the existing electric utility site
and the presently-existing water/sewer treatment plant of Marco. The
petition, if granted, would make the area conforming and provide the pro-
visional use for the services. The petition has been reviewed and recom-
mended for approval by all agencies with the following stipulations:
1. All requirements of National Fire Code and Southern Building
Codes must be met.
2. Fire Department access will be required to property.
3. Any further plans must be submitted for Fire Department
approval.
4. Fire Department inspection required before Certificate of
Occ~~ancy is issued.
5. Signs must be approved by the Zoning Director.
6. Any future buildings on these tracts will require
site plan approval.
Commissioner Archer moved that Resolution 80-37, re Petition PU-79-25C
filed by Marco Island Utilities and the County Planning Department, as
detailed above. be adopted SUbject to the stipulations noted; and that
the Petitioner's Agreement to said stipulations be accepted. Commissioner
Pistor seconded the motion with the comment that some of the buildings
being discussed are already in existence without receiving the pro-
visional use and without a permit being 9ranted before they were constructed.
Ms. Layne explained that the tank was put in without a building permit
and that the Zoning Department placed a "stop work order" on it with the
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Februar,y 19. 1980
advice that a provisional use would be required before continuing. Chairman
Wenzel voiced his surprise that "in this day and age they put a bul1ding
up without a permit". Conmissioner Pistol" confirmed that this was so and
also observed that the operation behind the subject building was also in
place.
Mr. Ralph Terrero, employee of The De1tona Corporation. explained
that the round tank is in place and that there is a temporary permit to
operate it. He said that the back tank, which is under discussion, has
not been started as yet. He stepped to the map to illustrate the area
which has not had any work started as yet and, also. the area where the tank
has been constructed.
Upon call for the question, the motion carried unanimously.
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February 19. 1980
RESOLUTION 80-38 REAFFIRMING THE BCC'S COMMITMENT TO THE PRINCIPLE OF
FAIR HOUSING - ADOPTED
Planning Director Danny Crew reviewed briefly the proposed resolution
reaffirming the ,County's commitment to Fair Housing and, referring to the
Executive Summary addressing the matter. said that the housing industry.
and related services, comprise one of the most important factors in the
community and lifestyle of Collier County and that it is incumbent upon
the leadership in the County to periodfcally reaffirm its support for
the principlp.s of a fair and free housing market. Chairman Wenzel
inqu1red l' there had been any incident wh1ch prompted the request for
the Board's adoption of the resolution with Dr. Crew responding in the
negative with the comment that it is felt that such action should be
taken once a year.
Commissioner Archer moved, seconded by Commissioner Pistol" and
unanimously carried. that Resolution 80-38, reaffirming the Board of
County Commissioners' Commitment to the Principle of Fair Housing, be
adopted.
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8DOX 051I'ACE531'
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February 19. 1980
COUNTY t~NAGER INFOro1S BCC OF ADJUSTMENT IN WORKINC SCHEDULE OF
INSPECTORS IN THE BUILDING DEPARTMENT
County Manager C. W. Nerman explained that administrative action has
been taken to change the working hours of the Building Department Inspectors
from 7:30 A.M. until 4:30 P.M.. as opposed to 8:00 A.M. until 5:00 P.M.
He said that the action does not require Board approval; however. the
matter is being brought to the attention of the Board to keep the Commis-
sioners aware of the matter and to respond to questions or concerns, if
any. He said that the change in working hours will be advantageous to the
contractors who. in most cases, work the same hours and it will place the
City and County inspectors on the same schedule which will also be
helpful. There were no objections forthcoming from the Board.
RESOLUTION 80-39 ESTABLISHING A MAXIMUM SPEED LIMIT OF 35 MILES PER HOUR ON
BALD EAGLE DRIVE (C.R. 953) BETWEEN EHRET LANE AND YELLOWBIRD STREET. MARCO
ISLAND - ADCPTED
Pursuant to staff recommendation, as contained in the Executive Summary
pertaining to the matter, Commissioner Pistol" moved that Resolution 80-39.
establiShing a Maximum Speed Limit of 35 Miles Per Hour on Bald Eagle Drive
(C.R. 953) between Ehret Lane and Ye110wbird Street. Marco Island. be
adopted. The motion was seconded by Commissioner Archer and unanimously
carried.
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800K 051 PACE 533
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Februa~ 19, 1980
RESOLUTION 80-40 ESTABLISHING A MAXIMUM SPEED LIMIT OF 45 MILES PER HOUR ON
ISLES OF CAPRI ROAD (C.R. 951) BETWEEN 1,000 FEET SOUTH OF 25TH AVENUE. S.W.
AND 1,000 FEET NORTH OF 18th AVENUE. S.W. - ADOPTED
Pursuant to staff recommendation. as contained in the Executive Summa~
pertaining to the matter. Commissioner Archer moved. seconded by Commissioner
Pistor and unanimously carried. that Resolution 80-40, establishing a Maximum
Speed Limit of 45 Miles Per Hour on Isles of Capri Road (C.R. 951) between
1,000 feet south of 25th Avenue, S.W., and 1,000 feet north of 18th ^venue.
S.W., be ado~ted.
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February 19. 1980
RESOLUTION BO-41 ESTABLISHING A MAXIMUM SPEED LIMIT OF 35 MILES PER HOUR ON
VANDERBILT BEACH ROAD (C.R. 962) BETWEEN VANDERBILT DRIVE AND GULFSHORE DRIVE _
ADOPTED
Pursuant to staff recommendation, as contained in the Executive Summary
pertaining to the matter, Commissioner Pistor moved. seconded by Commissioner
Archer and unanimously carried, that Resolution 80-41. establishing a Maximum
Speet Limit of 35 Miles Per Hour on Vanderbilt Beach Road (C.R..862) between
Vanderbilt Drive and Gulfshore Drive, be adopted.
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BOOK 051 'ACE 537
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February 19. 1980
COUNTY MANAGER, COUNTY ENGINEER. AND TRANSPORTATION DIRECTOR APPOINTED TO
CONSULTANT SELECTIorl COMMITTEE TO SELECT CONSULTANT TO PREPARE DOCUMENTS
FOR INSTALLATION OF FIRE HYDRANTS IN THE EAST NAPLES FIRE HYDRANT DISTRICT
As recommended by the Public Works Administrator/Engineer Barksdale,
Commissioner Pistol" moved, seconded by Commissioner Archer and unanimously
carried, that the following persons be appointed to the Consultant Selection
Committee to select a consultant to prepare the plans. specifications and
bidding documents for the installation of fire hydrants in the East Naples
Fire Hydrant District:
1. C. W. Norman. County Manager
2. C. B. Barksdale. County Engineer
3. G. F. Archibald, Transportation Director
CHAIRMAN AUTHORIZED TO EXECUTE CONSULTING ENGINEERING SERVICES AGREEMENT
WITH BRISTOL. CHILDS AND ASSOCIATES. INC. FOR CONSTRUCTION OF GOODLETTE
ROAD EXTENSION AND AIRPORT ROAD; COUNTY ENGINEER DESIGNATED COORDINATOR
FOR PROJECT
Pubiic Works Administrator/Engineer Clifford Barksdale reviewed
briefly the proposed Consulting Engineering Services Agreement with the
firm of Bristol, Childs and Associates. Inc. for services in connection
with the four-1aning of Goodlette Road Extension and Airport Road, as
contained in the Executive Summary regarding the matter.
Commissioner Pistor moved, seconded by Commissioner Archer, that
the subject Agreement* be approved for the Chairman's signature. and that
County Er,glneer Barksdale be designated as the aforesaid project's
Coordinator. as specified in Section 9 of the Agreement.
It was Commissioner Wimer's recommendation that the designation of
Goodlette Road Extension be changed to Golden Gate Parkway effective
now and in all future references to such roadway. in order to be consistent.
Upon call for the question, the motion carried by unanimous vote.
*Note: Complete Agreement on file in the Clerk to the Board's Office.
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BOOK 051 PACE 539
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BID '407 FOR PURCHASE OF 17 AUTOMOBILES AND T~UCKS - AWARDED TO VENDORS
RECOMMENDED ON BID TABULATION SHEETS IN THE AMOUNT OF $86.383.75; STAFF
TO REVIEW RECOMMENDATIONS RE PURCHASE OF VEHICLES AS PREPARED BY COMMIS-
SIOIlER WIMER; COUNTY MANAGER TO REPORT ON ESTABLISHMENT OF GAS TANK ON
MARCO ISLAHD FOR USE BY APPROPRIATE COUNTY PERSONNEL
February 19, 1980
Legal notice havin9 been published in the Naples Daily News on January 18
and 21. 1980 as evidenced by Affidavit of Publication filed with the Clerk,
bids with regard to Bid '407 for the purchase of various automobiles and
trucks were received until February 6, 1980.
Mr. H. G. Willett, Administrative Assistant to the County Manager.
temporarily assistin9 in the Purchasing Department during the absence of the
Purchasing Director, said that eleven vendors were invited to bid on Bid 1407,
and that a pre-bid conference was held on January 24, 1980 which was attended
by one concern; however, several competitive bids were received for each item,
said Mr. Willett. He said that the purchase of 16 vehicles was approved in
the Countj' budget, 11 replacements and 5 new vehicles, and, since the bids
came in under budget, there are sufficient funds to handle the purchase.
He pointed out that an error was made in that only 16 vehicles were advertised
with the budget calling for 17; therefore, continued Mr. Willett, there is a
need to purchase an additional one-half ton pick-up truck, which he said
the apparent low bidder will supply at the bid price, and that such additional
vehicle was also budgeted.
There was brief discussion concerning economy in fuel consumption. with
Commissioner Archer suggesting that it would be wise to install a gas tank
on Marco Island to preclude traveling several miles each way to Naples to
obtain fuel. County Manager Norman observed that a report is being prepared
for presentation to the Board with regard to making adjustments in the
County's gas storage facilities and that Corrmissioner Archer's suggestion
could be appropriately addressed in such report. It was the consensus of
the Board, including Deputy Chief Barnett of the Sheriff's Department,
that such facility on Marco Island could be used by Sheriff Department
personnel, the ambulance service. fire department. as welt as by the
Building Department Inspectors when working in that area.
Corrmissioner Archer moved, seconded by Commissioner Pistol". that Bid
'407. for the purchase of 17 automobiles and trucks. be awarded to the
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various vendors designated on the Bid Tabulation Sheets, and as recommended
by the staff; and that the Chairman and ,the Clerk be authorized to sign and
,
attest the resulting Agreements.
Commissioner Wimer expressed his intent to vote against the motion.
and all future vehicle purchases, until such time as th~re is a desire
to have efficiency in government regarding the purchase and operation of
County vehicles. He recalled that there have bee~ various people from the
automobile industry confer with different staff personnel to outline the
type of vehicle which would provide the "most for the money", the best way
to rlisposc of used vehicles, and the like. He also said that standardiza-
tion of vehicles was discussed. He said that he assumed that the recommenda-
tions by experts would be implemented by the staff but that he was mistaken.
Chairman Wenzel directed the staff to consider the subject recommendations
and report back to the Board before the next purchase of vehicles.
Upon call for the question, the motion carried 4/1 with Commissioner
Wimer voting in opposition.
RESOLUTION 80-43 TO RECOVER FUNDS FXPENDED BY THE COUtITY TO ABATE A PUBLIC
NUISANCE ON LOT 2. UNIT 3, BLOCK 82, MARCO ISLAND _ ADOPTED
Commissioner Archer moved, seconded by Commissioner Pistor and
unanimously carried. that Resolution 80-43 to recover funds expended by
the County to ~bate a public nuisance on Lot 2. Unit 3, Block 82, Marco
Island, (Meint W. Visser, property owner), be adopted, as recommended by
staff.
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~OOK 051 PACE 543
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February 19, 1980
RESOLUTION 80-43 TO RECOVER FUNDS EXPENDED BY THE COUNTY TO ABATE A PUBLIC
NUISANCE ON LOT 3, UNIT 9. BLOCK 305. /iARCO ISLAND _ ADOPTED
Commissioner Archer moved. seconded by Commissioner Pistor and carried
unanimously, that Resolution BO-43 to recover funds expended by the
County to abate a public nuisance on Lot 3, Block 305, Unit 9. Marco
Island, (Lylvia Nom1cos, property owner), be adopted. as recommended by
s ta ff .
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&OOK 051 PACE 545
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RESOLUTION 80-44 TO RECOVER FUNDS EXPENDED BY THE COUNTY TO ABATE A
PUBLIC NUISANCE ON LOT 5. BLOCK 89. UNIT 3. MARCO ISLAND _ ADOPTED
Commissioner Archer moved, seconded-'by Commissioner Pfstor and
unanimously carried, that Resolution 80-44 to recover funds expended by
the County to abate a public nuisance on Lot 5. Block 89, Unit 3. Marco
Island, (John M. Sweeney. property owner). be adopted as recommended by
staff.
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RESOLUTION 80-45 TO RECOVER FUNDS EXPENDED BY THE COUNTY TO ABATE A
PUBLIC NUISANCE ON LOTS 21 AND 22. BLOCK 80, UNIT 6, NAPLES PARK _ ADOPTED
Commissioner Archer moved. seconded by Commissioner Pistor and
unanimously carried, that Resolution 80-45 to recover funds expended by
the County to abate a public nuisance on Lots 21 and 22, Block 80, Unit 6. Naples
Park, (John J. McGahan, property owner). be adopted. as recommended by staff.
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800X 051 PACE 549
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CHAIRMAN AUTHORIZED TO EXECUTE RIGHTS-OF-WAY CERTIFICATES FOR WILLOUGHBY
ACRES WATER-SEWER PROJECT
As requested by County Attorney Pickworth, Commissioner Archer moved,
seconded by Commissioner Pistor and carried unanimously, that the Chairman
be authorized to sign the Rights-Of-Way Certificates with regard to the
Willoughby Acres Water-Sewer Project.
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bOOK 051 PACE55f
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February 19, 1980
ROUTINE BILLS - AUTHORIZED FOR PAYMENT
Commissioner Archer moved, seconded by Commissioner Pistor and
unanimously carried, that the bills, having been processed following
established procedures and with funds available. be approved for payment
as witnessed by the following warrants issued from February 13. 1980
through February 19, 1980:
.BmQ
BCC Payroll
WARRANT NOS.
8751 - 9201
4480 - 4761
County Warrants
MESSRS. ROBERT DE VILLE AND DEL STEIGERWALD REAPPOINTED TO FOOD ESTABLISHl1ENT
REVIEW BOARD
Administrative Aide to the Board Mary Morgan explained that under the
provisions of Ordinance 74-45, which created the Food Establishment Review
Board, it is required that two of the advisory board's members be from the
food industry and three members represent the public. She said that the
terms of two of the present members have expired; namely Robert DeVille. a
representative of the food industry, and Dell Steigerwald, a representative
of the Public. The two members have been contacted, said Ms. Morgan,
and have expressed a willingness to continue serving if it is the Board's
desire.
Commissioner Pistor moved, seconded by Commissioner Brown and
carried unanimously, that Messrs. DeVille and Steigerwald be reappointed
to the Food Establishment Review Board.
MEMBERSHIP ON GOLDEN GATE FIRE CONTROL DISTRICT ADVISORY BOARD INCREASED TO
FIVE MEMBERS; MESSRS. CLIFFORD DOADES, CLAUDE MILLER AND ROLAND SANNER
REAPPOINTED TO SERVE THREE-YEAR TERMS; MS. JACQUELYN A. SHELLY AND STUART
FEAR APPOINTED TO SERVE TWO-YEAR TERMS
Prior to considering appointments to the Golden Gate Fire Control
District Advisory Board, Commissioner Pistol" offered the suggestion that
membership on the ~dvisory bo~rd be increased to five members instead of
three members in order to establish a more viable operation and to better
assure the presence of a quorum at the meetings.
Commissioner Pistor moved. seconded by Commissioner Archer and
unanimously carried, that the membership on the Golden Gate Fire Control
District Advisory Board be increased from three members to five members.
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Administrative Aide to the Board Mary Morgan reviewed the status of
membership on the board, noting that the terms of the present membership
have expired, as of December 31, 1979; however. she said, the members
have indicated their willingness to continue to serve. if the Board so
desires.
Following brief discussion, Commissioner Wimer moved, seconded by
Commissioner Archer and unanimously carried, that 1,lessrs. Clifford Doades,
Claude Miller and Roland Sanner. the present members. be reappointed to
the Golden Gate Fire Control District Advisory Board for three-year terms.
Ms. ~IDrgan advised that resumes have been received from several
persons who have expressed their fnterest and desire to be considered for
appointment to the subject advisory board.
Pursuant to brief discussion and review of the resumes in question,
Commissioner Archer moved, seconded by Commissioner Pistol" and unanimously
carried, that Ms. Jacquelyn A. Shelly and Stuart rear be appointed to two-
year terms on the Golden Gate Fire Control District Advisory Board.
RECOMMENDATIONS FOR APPOINTMENT TO GOLDEN GATE COMMUNITY CENTER ADVISORY
BOARD - CONTINUED FOR TWO WEEKS
Administrative Aide to the Board Mary '~rgan reviewed briefly the
status of membership on the Golden Gate Community Center Advisory Board.
as contained in the staff report furnished to the Board, inCluding the
willingness of the present membership to continue to serve. Ms, Morgan
also noted the recp.ipt of resumes from several individuals interested
in being appointed to the subject board.
Commissioner Archer moved, commenting that he would like to have the
opportunity to speak to the various individuals, that the action with
regard to making appointments to the Golden Gate Community Center Advisory
Board be continued for two weeks. The motion was seconded by Commissioner
" ,
Pistor and unanimously carried.
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RECESS: 9:55 A.M. until 10:05 A.M.
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BOARD COIlFIRMS ACTION TAKEN DURING WORKSHOP SESSION FEBRUARY 12. 1980 RE
CONTINUATION OF WORK PRESENTLY UNDERTAKEN BY THE GGESC. INCLUDING THE
INTERIM ACTION PROGRAM, AND FOR CONTINUATION OF THE WORK OF THE COMMITTEE
Commissioner Archer reviewed the action taken unofficially during the
&oOK 051 PACE 555
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051 fACE 556
February 19, 1980
WorkshOp Session of February 12. 1980 with regard to the Golden Gate
Estates Study Committee and/or the work being done in the Estates area. In
essence, said Commissioner Archer, the action was for the GGESC to continue
with the work presently being undertaken including the Interim Action Program,
with regard to the Golden Gate Estates Canal system, said action receiving
unanimous vote. Chairman Wenzel observed that he voted in the affirmative
"to get it on the f100r"j however, he said it was now his intent to vote
against expending the funds, Further, said Chairman Wenze~ he would not
vote to pay consultants' fees, adding the comment that the "Committee is
fine and the members of the Committee can continue their work - they're doing
it for nothing - and I don't believe in paying outsiders to come in here and
te 11 us wha t we a 1 ready know".
Commissioner Brown raised the question as to whether or not certain
studies were necessary in order to borrow money from the Federal Government.
Mr. Bernie Yokel, GGESC member, responded to the question by stating, in part,
that without properly qualified information. the support that is needed to
correct the enormously complex condition in Golden Gate Estates will not be
received. He said that a coordinated program at the local level is needed
to continue working with the Corps and other organizations involved in the
very large program.
County Attorney Pickworth expressed the opinion. touching briefly on
the ~eetings attended in Washington with the FTC. and with different
Federal and State agencies, that "no one will get out 1n front of this thing
to he1.p Collier County - we will have to do this ourselves". He said
there may be some input from experts and. hopefully, some vast financial
input from other places, but emphasized that the matter under discussion
is a County project and that "if anyone thinks that somebody else is going
to come down and save us, they are wrong. It isn't going to happen that way."
Commissioner Pistor commented on the work that the Committee is doing
toward finding the best way to accomplish what it is felt needs,to be
Jccompl1:;/lcd. He ::aid that there ~/f1l have to be some expenf1fture!; in time
and money to face what is probably the biggest project every encountered
in the County and that "I don't think we can drAg our feet on the best ways
to attack it, and this StudY,Committee is doing just that".
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Chairman Wenzel expressed his viewpoint that the problem is an
engineerin9 problem and not one of planning and that any work to be done
will have to be done by an engineer. Mr. Yokel observed that the direction
that has been taken by the Study Committee thus far has been useful and
in no way wasteful and explained that the role that Consultant William
Vines has played has been not only that of planner but also that of a coordina-
tor. Further, said Mr. Yokel. the problem is not a simple planning problem
but a multi-disciplinary problem - engineering, legal, financial, and the
like. He commented that it takes someone, putting in a lot of time, to
unravel the problem which is the role Mr. Vines has played. It was Chairman
Wenzel's comment that "all this stuff that he's to1 d us, I've got in reports
that have been done for the last ten or twelve years in Golden Gate".
Commissioner Brown requested further expansion on the statement that
the problem is a County one, with Attorney Pickworth responding that "the
ball is in the County's lap". However, he continued, that other agencies
will have to be involved such as the Corps of Engineers at the Federal level.
EPA, possibly the FTC, and the like. He agreed that it is important to
have the expertise of those persons serving on the Study Committee and that
it is most crucial to have an individual who understands all of the elements
"to be on top and keep on top".
Commissioner Wimer stated that it is his understanding that what is
being worked on is a monumental development, never completed, and re-developing
it under acceptable quidelines, those portions which can accept human habita-
tion. without adversely affecting those persons who live there. He pointed
out the problems to be encountered if the development was allowed to proceed.
which he said could conceivably total 175,000 in population in this event,
such problems being the sufficient fill which would be necessary, standing
effluent from septic tanks. drainage, water supply for not only Golden Gate
Estates but for all of Collier County, and the like. He said that the
problems being faced in Golden Gate Estates "is really the death of Collier
County. It will bankrupt us to try to go in and correct it ourselves, if it
is allowed to develop as it presently is happening" and that "we're trying
to do somethi ng to resolve it".
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FebruAry 19, 1980
Commissioner Archer said that, from information that he has received from
meetings attended in Washington, And the like, the cost of improving the
area, restoring the drainAge system or implement a drainage system which
will provide for partial habitation and still provide the residents with
protection, will be close to one-quarter of A billion dollars. Therefore.
said the Commissioner. in order to receive help, or any type of government
financial support, it will be necessary to have facts of what such funds
will do before such funds "~t11l be turned loose". He said that the available
.',
information should be used; however, in his oppin1on. there is still much
to be learned in the area as to how to best rectify the situation which
was approved in the 60's. In fact, said Commissfoner Archer, it is possible
that more professional people and more expertise than what is available At
the County level may be needed as plans are developed.
Commissioner Pistol" said that one of the most urgent problems to be
faced 1s the area where houses can be built at the present time and under
what conditions. He said that such a report is necessary in order to keep
the Build1n~ Department informed and instructed as to how to issue building
permits so that there are non- built without sufficient fill. that satis-
factory percolation tests are made, and the like. Dr. Danny Crew. Planning
Director, informed the Board that, at the direction of the Committee. he is
drafting an ordinance to meet such concerns. Chairman Wenzel noted that
County En9ineer Barksdale called to his attention the ordinance on the books
concerning proper elevatfons for building and that he is drafting a memoran-
dum to this effect which will be distributed to the Building Department and
the Health Department with the instruction that such information be given to
each applicant for a bui1dina permit. He said that this will prevent any
excuses in t~e event o~ problems and, also, emphasized that it will be up
to the subject deparbnents to enforce the repulations. He said that the
ordinance has never been enforced and that, if it had been, the problems
with the 18 homes constructed in the Estates would never have happened.
Chairman Wenzel directed that his memorandum be made part of the minutes
and observed that it is his desire to protect anyone who owns land in the
subject area that can get a permit to be able to build there. provided they
can meet the County's qualifications.
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Commissioner Archer moved that the Board authorizes the continuation
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of the work presently being undertaken, including the Interim Action
Program with respect to the Golden Gate,~states Canal system and to
the Golden Gate Estates Study Committee. The motion was seconded by
Commissioner Pistor and carried 4/1 with Chairman Wenzel voting fn
opposition.
...
MEMORANDUM
TO:
Board of County Commissioners
and A~~ ~nterested Parties
DATE: February 13, 19BO'
FROM: Clifford Wenzel, Chairman
SUBJECT: GOLDEN GATE ESTATES STUD~ COMMITTEE
I would like my statement to be part of the official minutes when
the Board votes offic~ally on continu~ng this study!
I will continue to vote against the continued expenditures of
county funds (some $213,000 to date) to tell me what should be
done in the Estates area to raise the water table and still try
and keep some of the land useable..
In 1967, I made an engineering..study of the area in question check-
ing elevation at my own expense. I then recommended to the Board
the fOllowing: Starting in the canal structures in Golden Gate
North and working south, install weirs every 1 ft. drop in eleva-
tionithe structures are to be built to an elevation 24 in. below
the natural grade. This would allow free flow of water during the
wet season and during the dry season maintain a watertable level
approximately 30 in. below grade. We must realize that most all
the land in Golden Gate Estates is buildable upon if the owner,
wishes to expend the funds necessary to meet the County Code re-
quirements. It has always been good practice to advise clients
to keep their finish floor elevation about 36 in. above natural
grade. This allows enough leeway for special landscaping and
successful septic tank installation in wet areas, etc. I have
'found under the building code~ page 387, paragraph B, Section
105.8 Minimum Floor Elevations, second section, the requirement
that would substantiate my recommendations. All I can say'is
that our staff has overlooked this requirement thus allowing
some 18 homes constructed in the Golden Gate Estates that are in
violation and worse, ~en that they \..rill haveproblems during the wet
season when any of the interim action programs cannot be responsi-
'~:ble for their problem. Immedil1te steps must be taken to Bee that
. our staff complys with strict enforcement of this section.
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&OOX 051 rACE559
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051 PACE 560
February 19. 1980
UNOFFICIAL ACTION TAKEN DURING FEBRUARY 12. 1980 WORKSHOP SESSION WITH
REGARD TO ZONING IN THE PINE RIDGE ROAD AREA - CONFIRMED
Pursuant to discussion which took place during the February 12, 1980
Workshop Session of the Board, Commissioner Archer moved that the zoning
in the Pine Ridge Road area remain the sanle as indicated by the Zoning
Ordinance and within the Comprehensive Plan. and that no commercial use
be allowed in the subject area. Commissioner Pistor seconded the motion
which carried unanimously.
CHAIRr1AN AUTHORIZED TO SIGN CERTIFICATES OF CORRECTION TO THE 1979 TAX ROLL
Commissioner Archer moved, seconded by Commissioner Pistor and
unanimously carried, that the Chairman be authorized to sign the
following Certificates of Correction to the 1979 Tax Roll:
!!Qh
1979 Personal Property 1979 - 151-153
DATED
2/12180
STAFF DIRECTED TO PREPARE PROPOSED RESOLUTION IN SUPPORT OF LEGISLATION
REQUIRING FOREIGN LANDOWNERS OF U. S. PROPERTY TO PAY CAPITAL GAINS TAX
ON THE SALE OF SUCH PROPERTY
Commissioner Wimer moved that the staff be directed to prepare a
proposed resolution for Board review in support of legislation requiring
foreign landowners of United States property to pay Capital Gains Tax
upon the sale of such property, as requested in his memorandum to the Board
dated February 14, 1980, with attachments. The motion was seconded by
Commissioner Archer and unanimously carried.
DISCUSSION RE PROPOSED LEGISLATION TO PROVIDE TRAVEL EXPENSE REIMBURSEMENT
TO ADVISORY BOARD MENBERS - NO ACTION TAKEN; COUNTY ATTORNEY DIRECTED TO
DISTRIBUTE COPIES OF HIS PREVIOUS MEMO ON THE SUBJECT TO ADVISORY BOARD
CHAIRMEN
Administrative Aide to the Board Mary Morgan reviewed briefly the
contents of the memorandum dated February 14, 1980 from Commissioner
Pistor wherein it is requested that consideration be given to mileage
allowance to the members ur the various .1dvi::ory boards for the fUl'!l
costs involved in their travels within the County on County business.
During the discussion which followed. County Attorney Pickworth
explained that the advisory board members are compensated for travel
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February 19. 1980
expenses outside the local area pursuant to Chapter 112 FS. Fiscal
Officer Harold Hall concurred with the comment that there is very little
payment of such compensation. Attorney Pickworth continued by expressing
the opinion that what is being suggested is basically a paid advisory
board which requires careful thou9ht. He said that compensation for
travel expenses from home to job is compensation pure and simple _ it is
pay. Commissioner Archer pointed out that advisory board members might
not be aware that they can be paid mileage for the use of their Own
vehicles when they are required to attend meetings. for instance, in
Immokalee and Fort Myers. Attorney Pickworth recalled that a memorandum
to this effect was sent out to him approximately two years ago explaining
that such expense is reimbursable.
Mr. William Walters, a member of various County advisory boards,
said that it is his interpretation that if the travel is local it is not
reimbursable with Attorney Pickworth concurring; however, he pointed out
that if an individual lives in Immokalee. he cannot be reimbursed for
travel to Naples since the official headquarters is in Naples.
Commissioner Wimer moved that no action be taken and that the discussion
be tabled, with the County Attorney being directed to recirculate copies of
his previous memorandum on the subject to the chairmen of the various
bOdrrls with the suggestion that the information contained therein be
furnished to the members. Commissioner Brown seconded the motion which
carried unanimously.
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BOARD AUTHORIZES TAX COLLECTOR TO ISSUE DUPLICATE TAX SALE CERTIFICATES
TO REPLACE CERTIFICATES 3539 AND 3536 (1977 SALE) RE DAVID OR PEARL ROSEN
Commissioner Archer moved, seconded by Commissioner Pistor and
unanimously carried, that Tax Collector A. P. Ayers be authorized to
issue duplicate Tax Sale Certificates to replace Cer~if1cates 3539 and
3536, 1977 sale, which have been lost or destroyed, same having been
issued to David or Pearl Rosen.
BOOK 051 fACE 561
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February 19, 1980.
STAFF DIRECTED TO CONTACT AMERICAN CABLEVISION SERVICES (GOLDEN GATE
AREA) SUGGESTING THAT NEGOTIATIONS BE UNDERTAKEN WITH RADIO TELEVISION
CENTRE RE THE PROVISION OF LOCAL NEWS COVE PAGE TO GOLDEI/ GATE SUBSCRIBERS
Pursuant to prior discussions by the Board wfth regard to the
providing of local news coverage to the Golden Gate Area by Radio
Television Centre (Cab1evfs1on), Administrative Aide to the Board Mary
~~rgan referred to Commissioner Pistor's memorandum dated February 13. 1980
to report on the results of his contacts with Mr. William J. Ryan. Vice
President of Cablevision. It was stated in the memorandum that Mr. Ryan
has indicated that he would not "give" the service away in his letter to
Commissioner Pistor dated February 7, 19BO. It was also pointed out by
Chairman Wenzel that the proposal also involves the matter of exclusivity
on the part of Cab1evisfon and that it is not entirely a financial considera-
tion.
Following additional discussion, Commissioner Wimer moved. seconded
by Commissioner Archer and unanimously carried, that the staff be directed
to write American Cablevision Services advising that the matter be taken
up with Mr. Ryan to determine if an arrangement can be worked out for the
provision of local news service to the Golden Gate area.
BCC AUTHORIZES STAFF TRAVEL, AS NEEDED, VIA APPROPRIATE TRANSPORTATION
~lETHOD IN CONJUNCTION WITH BIODERS ON AMBULANCE SERVICE
Commissioner Wimer reported that Messrs. Norman and Hafner would like
to have the Board's permission to use the County helicopter to visit the
home bases of some of the firms bidding on the ambulance service for
Collier County. Mr. Norman stressed that there is an extremely "tight"
time schedule due to the bid opening on February 20. 1980.
Brief discussion followed regarding whether or not the use of the
helicopter would be the least costly, with Commissioner Wimer subsequently
moving that the staff be authorized travel. as needed, via whatever trans-
portation is necessary. pursuant to the bids for the County's ambulance
service, Motion seconded by Commissioner Archer and carried unanimously.
COMMISSIONERS PISTOR AND ARCHER EXPRESS INTENT TO BE PRESENT AT PUBLIC
MEETING ON GOLOEN GATE ESTATES TO BE HELD BY ARMY CORPS OF ENGINEERS
MARCH 6, 1980
Chairman Wenzel brought to the Commissioners' attention the public
meeting to be held March 6, 1980 by the Army Corps of Engineers' study to
determine if a p;an can be developed for the Golden Gate Estates area of
the County. The Chainman urged that appropriate staff members be authorized
to attend. and that members of the Board also attend if possible. Com-
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LAKE TRAFFORD MEMORIAL GARDENS CEMETERY DEEDS NOS. 207 AND 208 _ RECORDED
AND FILED FOR THE RECORD .,
Pursuant to action of the Board January 10. 1978 wherein the ChaiMman
was authorized to sign various deeds to Lake Trafford Memorial Gardens
Cemetery lots as the need arises, the following Deeds Ncs.207 and 208
were recorded and filed for the record.
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aDOK 051 PACE 565