BCC Minutes 01/09/1979 R
Naples, Florida, January 9, 1979
LET IT BE REMEMBERED, that the Board of county Commissioners
in and for the County of Collier, and also acting as the Governing
BoardCs) of such special districts as hAve been created according
to law and h~vin9 conductad business herein, met on this date at
9:00 A.M. in Regular Session in Building "F" of the Courthouse
Complex with the following members presentz
CHAIRMAN: David C. Drown
VICE-CHAIRMAN: Clifford Wenzel
John A. Pistor
C. R. "Russ" Wimer
Thomas P. Archer
ALSO PRESENT: William J. Reaqan, Clerk, Harold L. lIa11, Chief
Deputy Clerk/Fisc 11 Officer, Edna Brenneman and Debbie Pantano
C11:l5 A.M.), Deputy Clerks, C. William Norman, County Manager,
Do~a1d A. Pickworth, County Attorney, Neno J. Spagna, Community
Devolopmont Admi~istra~or/ Irving Berzon, Utility Directo~/ Clifford
Barksdale, County Engineer, Richard Woodruff, Assistant County
Manager, Martha Skinner, Social Services Director, Mary Morgan,
Adminintrative Aide to the Board, and Deputy Chief Raymond Barnett,
Sheriff's Department.
AGENDA
pOARD OF COUNTY COMMISSIONERS
FINAL AGENDA
January 9, 1979
REQUESTS TO ADDRESS THE BOARD OF COUNTY COMMISSIONERS, WHICH
ARE NOT ON THIS AGENDA, WILL BE HEARD AT 11:00 A.M. UNDER
"PUBLIC PETITIONS".
1., INVOCATION
2. PLEDGE OF ALLEGIANCE
3. APPROVAL OF AGENDA
4.
APPROVAL OF MINUTES:
Regular meeting of 12-12-78
and 12-19-78.
5. PROCLAMATIONS AND PRESENTATIONS OS AWARDS
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January 9, 1979
AGENDA - APPROVED WITH AOnITIONS AND DELETION
CommiRsioner Archer stated a request has been received to
add the following itAm to the agenda:
1. Social Services Case .1477
County Manager Norman reported that a request has been
received from the petitioner that the following item be removed
from "Requests for Advertising" on the agenda pending preparation
of a companion petition:
1. Petition R-78-33C by GAC Properties, Inc. requesting'
rezoning from "RM-2" to "GRC" and "CI" on Lots 1-10,
Block 73, and Lots 1-20, Dlock 74, Unit 2, Golden Gate
City.
At the request of Commissioner Pistor, the fOllowing' item
was added to the agenda:
l. Request for brief discussion of the matter with respect
to excavations in the County.
Commissioner Wenzel moved, seconded by Commissioner Archer and
unanimously ca:.:ried ~/O, that the agenda be approved wi't;h the afore
mentioned additions and deletion.
MINUTES OF MEETINGS OF DECEMBER 12 AND DECEMDER.19, 1978 - APPROVED
Commissioner Wenzol moved, seconded by Commissioner Pistor and
unanimously carried 5/0, that the minutes of the meetings of Deceml>
12, and December 19, 197R be approved as submitted.
SOCIAL SERVICES CASE NO. 1477 - APPROVED
Commissioner Archer moved, seconded by Commissioner Pistor and
carried unanimously 5/0, that Social Services Case No. 1477 be
approved, as recommended.
~~ENDMENTS TO CABLE TV FRANCHISE OF GULF COAST TV (A DIVISION OF PA
BR01.DCASTING Cm1PANY) PROVIDING FOR DEREGULATION OF RATES, AND DELE'
OF ~XCLUSIVITY PORTION OF AGREEMENT - APPROVED FOR CHAIRMAN'S SIGNA'
Legal notice having' been published in the Naples Daily News on
December 15 and 22, 1979 as evidonced by Affidavit of Publication
fil~d with tho Clerk, public hearing was opened to consider a propo:
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~mQndment to the Cable TV Franchise of Gulf Coast Television
(a division of Palmer Broadcasting' Company) to provide for
deregulation of rates.
Representing the petition Gulf Coast Television, Attorney
David Shobe outlined the reasons why, in his opinion, cable
television rates should not bo reg'ulated, citing' an 'opinion to
this effect by the FCC following their study on the matter. He
commented on the fact that cable television is not a necessity
and should not be regulated like a public utility since it is
not an essential commodity. Mr. Shobe provided suggestions for
various alternatives now available to television viewers in the
area, among them the fact that commerical broadcasts can now be
recoived without the use of cablevision service by the installation
of an antenna, and by the use of cassette recorders, and the like,
which do not require antenna. The marketplace is an effective
regulator of rat~s, continued Mr. Shobe, because if the rates
are not justified by either the product or the service, the
subscribers will discontinue the service. He concluded with the
statement that regulation iB unnecessary and unjustified plus the
fact that it is expensive for both the County and the firm to
continue such regulation.
~oncerning deed restrictions against the installation of
outside antenna prevalent in many areas, Mr. Shobe stated that in
the subdivisions surveyed it was found that loss than 10\ of them
impose such restrictions, noting the possibility of the residents
~o affected having such restrictiona removed. Responding to County
^ttorn~y Pickworth's query, Mr. Shobe said that the firm is not at
this time requesting deregulation of rates in the City of Naples
due, in part, to the fact that the current franchise agreement with
the City expires in August; 1979 and will have to be renegotiated.
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January 9, 1979
The followinq persons voiced opposition to the proposal for
deregulation of cab1evision rates:
1. John Alden, 348 Bay Meadows Drive
2. H~rold Hartogensis. 238 Fifth Street, South (Submitted copy
o~ prepared statement)
3. Mike Zewalk, 4840 West Boulevard
4. Gcrrit C. lIasper, 100 Barefoot Williams Road
5. Harold F. Yegge, 6u6 Binnacle Drive
6. Lance Hooks, 4165 Uotth Road (Submitted patition con-
taining signatures of 232 Riviera Colony Residents)
7. Marshall Webb, 5501 Sholtz Street
B. Andy Wysocki, 2660 E. Tamiami Trail
9. Mer1yn C. Almack, 175 Palm Drive
lO. V. G. MacK~nzie, 400 Park Shore Drive
11. Henry Friedheim, 105 Cotton Wood Lane
Mr. Egon Hill, 430 Putter Point Court, voiced his support for
,tho proposed amendment suggestinq that it is a step toward the
return to the free enterprise system.
During the discussion, it was pointed out by Mr. William Ryan,
President and General Manager of Gulf Coast Television, that there
is no intcntion of putting a rate increasa into effect in the near
future, as was alludcd to by many of the speakers.
Mr. Shobe respondod to many of the comments and questions raise{
by the opponents to the prop~sal, among them the fact that the qualil
of tho service offered by the firm in the area is extremely high; thE
rates being chargod aro among the lowest in the State, that the
firrr is willing to 9ivt' up its exclusivity to operate in the conununil
if the Board so desires, which will enable other firms to offer the
snrvice, and the like. A further point m4de by Mr. Shobe is that
deregulation will provide flexibility for the com~any to ptovide ~d-
ditiona1 kinds of servicos and prices which are not availablo at the
present timo.
During the discussion which followed, Commissioner Wenzel in-
quired, if the Board approves derequlation of rates, if the firm
would be willing to negotiate a franchise aqroement providing for
limiting rate increases to the offical rate of inflation in the
nation. Mr. Shobe, noting that to his knowledqe there have been no
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increases in excess of this figure, and if the provision is a
prerequisite to the derequlation, it is his opinion that the
firm would. be in Qgreement. Mr . Lloyd Barty voiced his opposition
to such provision suggesting that it would provide an automatic
ceiling on rates and would be a "bad deal".
Thore being no further persons registered to speak on the
issue, Commissioner Wenzel moved, soconded by Commissioner Archer
Qnd carried unanimously 5/0, that the pUblic hearing be closed.
Concerniny deletion of the oxclusivity riqhts contained in
the pr.osent franchiae agreement, County Attorney Pickworth advised
there would be no problem drafting an amendment to this effect.
Commissioner Archer moved, seconded by Commissioner Wimer and
carried unanimously 5/0, that the Board approve the request of Gulf
Coant Television for deregulation of rate., providinq for amendment
to the Franchise taking out the exclusivity portion of the agreement
and that the Chairman be authorized to ~lqn the amendments to
subject agreement.
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January 9, 1979
RESOLUTION 79-1 RE PETITION BY COLLIER DEVELOPMENT CORPORATION AND
MASTERS MERCHANDISE MART REQUESTING VACATION OF A S' PLANTING BUFFER
AND A PORTION OF A 30' ALLEY EASEMENT, TRACT A, PINE RIDGE SECOND
EXTENSION - ADOPTED
Legal notice having heen published in The Naples Star on
Uecernber 22, 1978 as evidenced by Affidavit of Publication filed
with the Clerk, public hearinq waa held to consider a petition by
Collier Development Corporation and Masters Merchandise Mart re-
questing vacation of a S' planting buffer and a portion of a 30'
alley easement, located in Tract "A", Pine Ridge Second Extension.
County Enginoer Clifford Barksdale located the subject property
on the blueprint provided, and explained that the vacation is being
requested to ensure that legal access to tho property will be
available at all times.
Mr. Barksdale stated that letters of "No
Objection" have been submitted by all of tho utility compani~s with
the following stipulations:
1.
Florida Power & Light Company has stipulated that their
concurrence is based upon the condition that the new replat
grant an easement for the existinq overhead and underqround
facilities.
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The Utility Division offered no objection to the vacation
as long as an easement along the proposed Sand Pine Drive
(same location as the existing alley) is dedicated to the
County at tho same time tho alley is vacated.
There being no persons registered to speak on the subject, Com-
missioner Wenzel moved, seconded by Commissioner Archer and carried
unanimously 5/0, that the public hearinq be closed.
Commissioner Wenzel moved, seconded by Commissioner Pis tor and
carried unanimously 5/0, that Resolution 79-1 re petition by the
Collier Development Corporation and Masters Merchandlse Mart requesting
the vacation of a 5' planting buffer and a portion of a 30' alley
easement located in Tract "A", Pine Ridge Second Extension, be adopted
subject to the stipulations of Florida Power , Light and the County
Utility DiviRion.
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WHEREAS, the Board of County Commissioners of Collier County.
Florida. pursuant to Petitioners Masters Merchandise Mart, Inc. and
Collier Development Corporation's request and the authority granted in
Chapters 336.10, Florida Statutes, and upon their own motion, have con-
sidered the vacation of a portion of a road or alley hereinafter described,
and
WHEREAS, th~ not1ce of public hearing to consider such vaca-
tions wa\ published according to the Statute in such cases made and
provided, and such public h~aring was held on this date by this Board,
and
WHEnEAS, it appears to be in the public interest that such pOI'tion
of street or alley be and the same is hereby vacated and abandoned:
The description of this area to be vacated is:
The South 5 feet of Tract A, shown as a 5 foot planting
buffer on said plat; and also
From thp POINT OF BEGINNING at the intersection of the
West line of Tract A and the South line of the Alley
Easeme:1t sl~oym on said plat, saiG tloint lying 5 feet
Northerly from the Southwest corner of Tract A, run
N 00059'24"1,', alon~ said West line, for 30 feet; th~nce
N 89025'30"E, parallel with and 35 feet from the South
line of Tract A, for 396.32 feet to a point of curvature;
thence 157.08 feet along the arc of a curve, concave to
the Northwest, having a radius of 100 feet and subtended
by a chord having a length of 141.42 feet and bearing
N 44025'30"E, thence S 00034'30"E, for 83.07 feet to a
point on curve; thence 114.09 feet along the arc of a
curve, concave to the Northwest, having a radius of
130 feet and subtended by a chord having a length of
110.47 feet and bearing S 64016157"W to a point of
tangen~y; thence S 89025'30"W, parallel with and 5 feet
Northerly from the South line of Tract A. for 396.11 feet
to the POINT OF BEGINNING; the above described lands
being a portion of the alley easement shown on said plat.
BE IT FURTHER RESOLVED that the Clerk to the Board is hereby direcl
to have notice of the adoption of this Resolution advertised one time withir
30 days of this date, and this Resolution and proof of publication of notic!
of adoption of resolution hereof be recorded in the Official Records of
Collier County, with notation to be entered upon the plat if same be within
a recorded pl~t.
COMtlI S5 Im:ER
14enze 1
offered the foregOing Resolutil
and moved its adoption, seconded by CO~r1ISSIONER
Pistor
and upon
roll call the vote was:
ClC! K 045 pAc,rdl AYES: Corrrnissioners Wenzel, Pistor. Wimer. Archer and Brown
NA YS: None
Absent ar.d Not Voting: None
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APPROVAL OF FINAL ASSESSMENT ROLL FOR IMPROVEMENTS TO TAYLOR ROAD
(CONTINUED FROM 12/5 AND 1"/19/78) - PUBLIC HEARING CONTINUED UNTIL
FEBRUARY 13, 1978
Legal notice having been published in the Naples Daily News on
November 14, and 21, 1978 as evidenced by Affidavit of Publication
previously filed with the Clerk, public hearing was continued from
December 5, and December 19, 1978 for consideration of approval of
the Final Assessment Roll for improvements to Taylor Road.
Cou~ty Engineer Clifford Barksdale explained that, due to the
objections received from property owners of the subject area regardj
assessments based on front footage strictly and the inequities in-
volved in using this method, a new method has been devised using
diagonal dimensions and, based on that method, the Assessment Roll
has been revised. Since there are so many changes in the roll, said
Mr. Barksdale, it is being recommended that another public hearing
be hold based on the new method with notices of the new assesoed
valuation being ~ailed to the property owners.
Following brief discu:~<;ion regarding the necessity of readverti
Commis~ioner Wenzel moved that a public hearing be held February 13,
1979 and that the staff be authorized to send out appropriate assess
ment letters to the property owners. The motion was seconded by
Commissioner Pistor and carried unanimously 5/0.
Commissioner Wimer expressed appreciation to the staff for thei
efforts to reduce the costs to the property owners and stated that h
has had many co~nents from them statinq their satisfaction with the
quality of the work peI!ormed.
PETITION MP-78-2C, WILSON, MILLER, BARTON, SOLL , PEEK, REQUESTING
EXCEPTIONS TO TilE SUBDIVISION REGULATIONS RE KINGS LAKE SUBDIVISION-
EXCEPTIONS GRANTED SUDJECT TO STIPULATIONS OF SUBDIVISION COMMITTEE
AND CAPC/ AGRE~MENT BY PETITIONER TO STIPULATIONS - ACCEPTED
Legal notice having been published in The Naples Star on Decemt
22, 1978 as evidenced by Affidavit of Publication filed with the
Clerk, public hearing was held to consider Petition MP-78-2C filed
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January 9, 1979
by Wilson, Miller, Barton, SoIl , Peek requestinq exceptions to
the Subdivision Regulations with reqard to the Kings r~ke Sub-
division.
Dr. Neno Spagna, Community Development Administrator, explain.
the exceptions to the Subdivision Requlations being requested for
project are as follows:
1. Article XI, Section 17.1 - 30 foot curb radii instead
of 40 foot.
2. Article X, Section 16 - To locate sidewalks away from
the road systems by placing them around the lake instead
of on both sides of the road.
Dr. Spagna stated that the petition was reviewed by the
Subdivision Committee on November 1, 1978 and recommended for
approval with the following exceptionsl
l. Based on low traffic at intersections where both rights-
of way are 60 feet, the radii may be reduced to 30 feet.
2. Sidewalks may be located on only one (1) side of. Kinqs
Lake Duulevard and around tha lake area and eliminated
from the cul-de-sac streets as shown on Site Plan D-144.
Also, said Dr. Spagna, the petition was reviewed by the Coastal Ar
Planning Commission on December 7, ~978 and recommended for approv
subject to the Subdivision Committee's recommendations and the
ndditiona1 stipulation that there be 5' sidew~lks on the one side
Kings Lake Doulevard.
It was noted for the record that Mr. William Darton, of Wilso
Miller, Barton, Soll , Peek, was in attendance to respond to any
questions the Board might have.
There being no persons registered to speak, Commissioner Wenz
moved, seconded by Commissioner Pistor and carried unanimously 5/0
that the public hearing be closed.
Commissioner Pistor moved, seconded by Commissioller Archer an
unanimously carried 5/0, that the exceptions to the Subdivision Re
gulations requested in Petition MP-78-2C by Wilson, Hiller, Barton
Soll & Peek with regard to the Kings Lake Subdivision be approved,
subject to the stipulations of the Subdivision Committee and the
CAPC, and that the Agreement to the stipulations signed by the
petitioner be accepted.
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January 9, 1979
RESOLUTION 79-2 CREATING A PAVING DISTRICT FOR SMUGGLERS COVE ROAD
AND APPROVAL OF PRELIMINARY ASSESSMENT ROLL - ADOPTED; STAFF 1\UTHOR
TO PROCEED WITH IMPROVEMENTS
Legal notice having been published in the Napl~a Daily News on
December 19, 1978 as evidenced by Affidavit of Publication filed wi
the Clerk, public hearing was opened to consider a proposed resolut
to create a Paving District for dmuqqlers Cove Road and for approva
of the preliminary assessment roll re same.
County Engineer Clifford Darksdalo informed the Board that the
ncccaaary documents granting rights-of-way to the County hav~ hAAn
obtained and processed, as requested by the Board. He said that
cost estimates for the improvements have been prepared and total
$2,850.00 or $3.653846 per front foot, said costs inc~ude resurfaci
curbing, and drainage improvements. Mr. Barksdale further stated
that the estimate is based upon construction by County forces.
There being no persons register~d to speak on the matter,
Commi~sioner Wenzel moved, seconded by Commissioner Pistor and
carried unanimously 5/0, that the public hearing be closed.
Commissione~ Wenzel moved, seconded by Commissioner Pistor
and unanimously carried 5/0, that Resolution 79-2 Creating a Paving
District for Smugglers Cove Road and approval of the Preliminary
Assessment Roll be adopted, and that staff be authorized to procAed
with subject improvements.
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PETITION NZ-78-6C BY PLANNING DEPARTMENT REQUESTING AN AMENDMENT T
ORDINANCE 76-30 BY ADDING BAIT BOAT OR BAIT BARGE AS A PROVISIONAL
USE TO THE AGRICULTURAL DISTRICT - ADVERTISING AUTHORIZED FOR PUBL
HEARING FEBRUARY 6, 1979
Commissioner Archer moved, seconded by Commissioner Wenzel an
carried unanimously 5/0, that Petition NZ-78-6C by the Planning De
partment requesting an amendment to Ordinance 76-30 by adding Bait
Boat or Bait Barge as a Provisional Use to the Agricultural Distri
be advertised for public hearing February 6, 1979.
PETITION R-78-28C BY JAMES CALDERWOOD REQUESTINC REZONING FROM "A"
"E" FOR PROPERTY IN SECTION 22, T50S, R26E, - ADVERTISING AUTHORIZ
FOR PUBLIC HEARING FEBRUARY 20, 1979
Commissioner Archer moved, seconded by Commissioner Wenzel an
carried unanimously 5/0, that Petition R-78-28C by James Calderwoo
requesting rezoning from "A" to "E" for property loc~ted in Sectio
22, Township 50 South, Range 26 East, be advertised for public
hearing February 20, 1979.
PETITION R-78-30C BY DOUGLAS O. MC GOON, JR. REQUESTING ~ZONING
FROM "A" TO "GRC", "RO", AND "FVR" FOR PROPERTY KNOWN AS COPELAND-
ADVERTISING AUTHORIZED FOR PUBLIC HEARING FEBRUARY 20, 1979
Conunissioner Archer moved, seconded by Commissioner h'anzel anI
carried unanimously 5/0, that Petition R-78-30C by Douglas O. McGo(
Jr. requesting rezoning from "A" Agriculture to "GRC" General
Retail Commercial, "RO" Recreation Open Space, and "FVR" Fishing
Village Residential for property known as Copeland be advertised
for public hearing February 20, 1979
PETITION SMP-78-l3C BY CORAL RIDGE-COLLIER PROPERTIES REQUESTING 51
DIVISION MASTER PLAN APPROVAL FOR PROPERTY KNOWN AS PELICAN BAY UN)
ADVERTISING AUTHORIZED FOR PUBLIC HEARING FEBRUARY 6, 1979
Commissioner Archer moved, seconded by Commissioner Wenzel anc
unanimously carried 5/0, that Petition SMP-78-l3C by Coral Ridqe-
Collier Properties requesting Subdivision Master Plan Approval for
property known as Pelican Bay Unit 2 be advertised for public hearj
February 6, 1979.
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"anuary 9, 1979
PETITION SMP-78-12C BY U.S. HOMES REQUESTING SUBDIVISION MASTER PLAN
APPROVAL FOR PROPERTY KNOWN AS LAKEWOOD UNIT 7 - ~DVERTISING AUTHORIZ
FOR PUBLIC HEARING FEBRUARY 20, 1979
Commissioner Archer moved, seconded by Commissioner Wenzel and
unanimously carried 5/0, that Petition SMP-78-l2C by U. S. Homes
requestin9 Subdivision Master Plan Approval for property known as
Lakewood Unit 7 be advertised for public hearinq February 20, 1979.
PETITION R-78-31C DY U.S. HOMES REQUESTING REZONING FROM "~" TO
"RM-lGH" FOR PROPERTY LOCATED IN 518, TSOS, R26E, - ADVERTISING
AUTHORIZED FOR PUBLIC HEARING FEBRUARY 20, 1979
Commissioner Archer moved, seconded by Commissioner Wenzel and
carried 'manblously 5/0, that Petition R-78-3lC by U.S. Homes re-
questing rezoning from "A" Agriculturo to "RM-ICH" Sinqle and Multi-
Fdmily Group Housing for property located north of Lely Tropical
Estates and east of Lakewood Unit 1, located in Section 18, Township
50 South, Range 26 East, be advertised for public hearing February
20, 1979.
PETITION R-78-32C BY ROBERT TUYLS REQUESTING REZONING FROM "RS-3" TO
"RM-2" FOR PROPERTY LOCATED IN 518, T50S, R26E - ADVERTISING AUTHOIUZ
FOR PUBLIC HEARING FEBRU~RY 20, 1979
Commissioner Archer moved, seconded by Commissioner Wenzel and
carried unanimously 5/0, that Petition R-78-32C by Robert Tuyls re-
questing rezoning from "RS-3" Single Family to "RM-2" Multifamily
for property in Section 18, Township 50 South, Range 26 East, which
is located on the northeast corner of Hawaii Boulevard and Rattle-
snake Hammock Road, bo adverti~ed for public hearing February 20, 197
PETITION R-78-34C BY MOORINGS, INC. REQUESTING REZONING FROM "A" TO
"RS-3" AND "PUD" FOR PROPERTY LOC~TED IN SlS, T49S, R2SE - ADVERTISI~
AUTHORnED FOR PUBLIC HEARING FEBRUARY 20, 1979
Commissioner Archer moved, seconded by Commissioner Wenzel and
unanimously carried 5/0, that Petition R-78-34C by Moorings, Inc.
requesting rezoning from "A" Agriculture to "RS-3" Single Family, and
"PUO" Planned Unit Oevelopment in Section 15, Township 49 South, Rang
25 East, which is located west of The Country Club of Naples, be
advertised for public hearin9 February 20, 1979.
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PETITION R-78-36C BY PLANNING DEPARTMENT REQUESTING REZONING FROM
"RM-2" TO "RO" FOR TRACT "A", UNIT 13, MARCO BEACH SUBDIVISION -
ADVERTISING AUTHORIZED FOR PUBLIC HEARING FEBRUARY 20, 1979
Commissioner Archer movod, seconded by Commissioner Wenzel and
carried unanimously 5/0, that Petition R-78-36C by the Planning De-
p4r.tment requesting rezoning from "RM-2" Multifamily to "RO" Recreatic
Open Space for Tract "A", Unit 13, Marco Beach Subdivision, which
is located at the end of South Barfield Drive on Caxambas Pass, be
advertised for public hearing February 20, 197~.
ORDINANCE PROHIBITING THE SAT,r, OF CIGARETTES, TOBACCO, CIGARETTE
WRAPPF.RS AND PIPES TO MINORS - ADVERTISING AUTHORIZED FOR PUBLIC
HEARING FEBRUARY 6, 1979
Following brief discussion, Commissioner Archer moved, seconded
vy Commissioner Wenzel and un~nimously carried 5/0, that a proposed
ordinance prohibiting the sale of cigarettes, tobacco, cigarette
wrappers and pipes to minors, be advertised for public hearing
February 6, 1979.
APPROVAL TO CONDBMN DANGEROUS BUILDING ON LOT 18, BLOCR 5~, UNIT 5,
NAPLES PARK SUBDIVISION - GRANTED
Building Director. Raymond Dulaney reviewed the circumstances
with regard to the request for Board approval to condemn a dangerous
building on Lot la, Block 59, Unit 5, Naples Park Subdivision, presen
ing pictures of said bullding for review by the Board.
In response to Commissioner Wenzel's inquiry as to whether or
not the Board can remove subject building legally, County Attorney
Pickworth stated that the Board has the authority if said removal is
done in accordance with pertinent ordinance. Mr. Dulaney stated that
all of the letters, and the like, required by ordinance 76-70 are
on file.
Commissioner Wenzel moved that the Board grant approval to the
staff recommendation for condemnation of dangerous building located
on Lot 18, Block 59, Unit 5, Naples Park Subdivision, and authorize
the Building Department to have same removed and charqe the owner of
record tho coats. The motion was seconded by Commissioner Pistor
and unanimously carrldd 5/0.
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January 9, 1979
DISCUSSION RE STAFF RECOMMF.NDATION FOR DISPOSITION OF COUNTY PROPERTY
IN ROCK HARBOR SUDDIVISION DEEMED SURPLUS TO THE NEEDS OF THE COUNTY
COUNTY MANAGER DIRECTED TO DRAFT APPROPRIATE LETT~RS TO AFFECTED
PROPERTY OWNERS RE.THEIR DESIRE FOR USE OF SUBJECT PROPERTY
County Manager Norman briefly outlined the steps which have been
taken with regard to the request by an individual to purchase a small
parcel of County-owned land in Rock Harbor Subdivision, as directed b:
the Board following the receipt of the request. He noted that the
rarks and Recreation Department has advised that the subject property
docs not And CAnnot serve any useful purpose for their use due to its
size and shape. Mr. Norman noted that the Ey.ecutive Summary provided
the Commissioners, dated December 27, 1978, outlines the procedure
developed by his staff for disposal of the property, toqether with
staff recommendations.
Commissioner Wenzel moved, seconded by Commissioner pistor
that the Board approve the staff recommendation for disposal of the
subject property aa provided by law. No action was taken on the
motion.
Commissioner wimer recalled a similar situation in the North
Napleq area wherein the Board determined that the particular property
would be given to the residents providing a homeowner's association
was formed. It was his suggestion that the Board adopt the same
stAndards for both situations. Mr. Norman pointed out the difference
between the two, noting that in the example cited by Commissioner
wimer the property was specifically designed to provide frontage to
the water for all residents, whereas in the case under discussion
the property ha~ only five or six feet fronting on the water and,
therefore, is not usable for neighborhood purposes.
Commissioner pistor observed that the subject property is presen
being used as a dump and the adjacent property owners have voiced the
objections to such use and noted that there is practically no access
available to Rock Creek. Further, said the Commissioner, one of the
residents has stated that he would have the parcel landscaped, and
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the like, if he were permitted to purchase it. Commissioner Pi.tor
pointed out that it is Mr. Norman's intention to notify the property
owners in tha area with reqard to the disposition of the property.
County Attorney Pickworth stated that if it is the Board's
decision to dispose of the property, all necessary steps, as outlined
in tho aforementioned summary, will be taken to comply with the
pertinent laws.
Commissioner Wimer moved that the County Manager be instru~ted
to draft appropriate letters to the af.fected property owners regardin~
their desires for the use of the subject property. The motion was
seconded by Commissioner Wenzel and carried unanimously 5/0.
MUTUAL AIDE AGREEMENT BETWEEN THE CITY OF NAPLES AND THE COLLIER COUN~
FIRE DEPARTMENTS - APPROVED FOR CHAIRMAN'S SIGNATURE
Following County Manager Norman's brief explanation of the purpof
of the Mutual Aide Agreement between the City of Naples and the Colli<<
County Firo Departrr.ents, as contained in t~e Exocutive Summary prepa~<<
by the Collier County Fire Chief's Association, Commissioner Wenzel
moved that the Agreement be approved and that the Chairman be authori~
to sign same. Commissioner Pistor seconded the motion which carried
unanimously 5/0.
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~OOK 045 PA~E 23 * * *
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RESOLUTION 79-3 RE PRE-APPLICATION FOR COMMUNITY DEVELOPMENT BLOC}
GRANT PROGRAM - ADOPTED WITH STIPULATION
Dr. Richard Woodruff, Assistant County Manager, explained thl
the Board had previously authorized the staff to prepare a pre-
application concerning the Community Development Block Grant for
the Immokalee area and the Board had also authorized a citizen
participation plan. He noted that meetings have been held in
Immokalee for citizen input as well as house-to-house surveys in
the area to det~rmine the type of project Immokalee is in need nf,
Dr. Woodruff stated that HUD has informed him that funding will
only be available for rehabtlitation of dwellinq units. He
referred to the Executive Summary of the Agenda which outlined
the proposed projects and also referred to a displayed map to
point out the location of the said projects. Dr. Woodruff furthel
stated the project is geared towards 63 sinqle-family dwellings ir
the Main Line Subdivision resultinq in the demolition of 15 un-
occupied buildings as well as the improvements of 3 roads in the
area. He stated the total Project Cost is $4B4,110. Dr. Woodruff
then read the ~roposed Resolution to the Board.
C01:'lm; ::alioner Pistor moved, seconded by Commissioner Archer
that Resolution 79-3 authorizing the staff to file a pre-applicatj
for Community Development Block Grant funds for the Main Line
Subdivision in Immokalee, be adopted.
Commissioner Wimer expressed concern regarding the owners of
rental units being eliqible for grants. Dr. Woodruff noted that j
could be incorporated into the final application that qrallts apply
to owner-occupied units only and that rental units be eligible on1
for loans.
Upon call for the question the motion carried 4/1, Commission
Wenzel dissenting.
Commissioner Wimer moved, seconded by Commissioner Archer, th
owner-occupied units be eligible for grant funds and that owners
of rental units be eligible for loans only. The motion carried
4/1, Commissionor Wenzel dissentinq.
&OCK 045 PA;, 27
GUN PERMITS APPROVED AS FOLLOWS: '79-1 RE CHRIS A. PROVENZANO,
'79-2 RE THOMAS M. PROVENZANO, '79-3 RR LARRY RAAB, '79-4 RE
JOSEPH W. DERHAM
County Manager Norman stated that all four applications for
gun permits are consistent with the requiremonts of the ordinance
re same.
Deputy Chief Raymond Barnett also stated that the Sheriff's
Department has approved the applications.
Commissioner Wenzel moved, seconded by Commissioner Pistor
lInd carried unanh.ously 5/0, that the following Gun Permits be
approved:
'79-l for Chris A. Provenzano
'79-2 for Thomas M. Provenzano
'79-3 for Larry Raab
179-4 for Joseph W. Derham
BID '344 FOR MOTOR VEHICLES AWARDED AS FOLLOWS: 1/2 TON PICKUP
TO TAMIAMI FORD ($5,372.18), SURBURBAN TO GALLMAN PONTIAC ($8,478.7'
TWO TON CREW CAB DUMP TRUCK TO WALLACE INTERNATIONAL ($14,780.21);
PURCHASING AGENT TO BRING BACK ADDITIONAL INFORMATION ON THE
OTHER REQUESTED VEHICLES
Legal notico having been published in the Naples Daily News on
November 1~ and 16, 1978 as evidenced by Affidavit of Publication f:
wit~ th~ Clerk, Purchasing Agent Frank Wilcox advised that proposal,
were received for Bid 1344 for eleven (11) motor vehicles for use
by the Motor Pool and one (1) truck for the Road and Bridge Departmc
Hc noted the bid priccs for the total expenditure are ~lO,726.84 un(
budget. In responge to Commissioner Wimer's inquiry, Mr. Wilcox
explained that the eleven vehicles will be primarily assigned to thl
Motor Pool who in turn assigns the vehicles to the Vc. rious departmer
He further explained that all are roplacoment vehicles oxcept for tl
Road and Bridge truck.
A brief discussion followed in which Commissioner Wimer expresl
concern for the necesstty of the new vehicles.
Commissioner Wimer moved, seconded by Commissioner Wenzel
that Bid '344 for the 1/2 Ton Pickup, the Suburban, and the Two Ton
Crew Cab Dump Truck bo awarded to the various dealers as contained
BOOK 045 PA~, Z9
noOK U4b PA~C: 30
January 9, 1979
in the recommendation of the Bid Review Committee letter of
December 27, 1978 and that the Chairman and the Clerk be authorized
to siqn and attest the resulting Agreements.
Mr. Wilcox commented that the vehicles to be replaced have
all been rated and noted that they are all in poor condition with
regard to the body, the engine, and the interior.
Upon call for the question the motion carried unanimously 5/0.
Comr.issionor Archer moved, seconded by Commissioner Wimer,
that the rest of the requested vehicles re Bid '344 be denied for
purchase until such time as the Purchasinq Aqent brings back furthel
information to the Board as to the necessity of said purchase.
The motion carried 4/1, Chairman Brown dissentinq.
DID '346 RE VEHICr.ES FOR PARKS AND RECREATION DEPT. - AWARDED TO
TAMIAMI FORD AND WALLACE INTERNATIONAL
Legal notice having boon published in the Naples Daily News
on DecembE:" 5 A.id 7, 1978 as ovidenced by Affidavit of Publication
fjled with the Clerk, Purchasing Agent Frank Wilcox advised that
bids were received until 2:30 P.M. on Wednesday, December 20, 1978
tor one (l) economy pick-up truck and one (1) two ton flat bed
dump truck for use by the Parks and Recreation Department. Mr.
~ilcox noted that these vehicles were specifically budgeted in
the Parks and Recreation budget; however, the bid proposals are
over the budget in the amount of $1,962.00 and recommended that
the economy pick-up be p^td for by the M~t~r Pool funds and be
t~ansferred to and assigned to the Parks and Recreation Department.
He stated the low bidder for the pick-up is Tamiami Ford in the
amount of $4,306.00 and low bidder for the two ton flat bed is
Wallace International in the amount of $11,650.00.
Commissioner Wenzel moved, seconded by Commissioner Archer
and carried unanimously 5/0 that Bid '346 be awarded to the firms
noted above and as contained in the recommendation of the Bid Review
Committee letter dated December 27, 1978 and that the Chairman and
the Clerk be authorized to sign and attest the resulting Agreement.
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BID '331 FOR EMS TELEMETRY COMMUNICATION SYSTE)! AWARDED TO MOTOROLA,
INC. IN THE AMOUNT OF $112,043.15, BOARD APPROVES ADDITIONAL FUNDING
OF $24,196.75 FROM CONTINGENCIES RE SAME
Legal notice having been published in the Naples Daily News
on October 9 and 11, 1978 AS evidenced by Affidavit of Publication
filed with the Clerk, purchasing Agent Frank Wilcox advised that
bids were received until November 29, 1978 for furnishing and
installing an EMS Telemetry Communication System. He noted the
low bidder is Motorola Communications and Electronics Inc. in
the amount of $112,043.15. He explained that this bid will complete
the EMS Telemetry Communications System which is beinq partially
funded through the Governor's Highway Safety Commission. He
noted the total expenditure is $135,869.00 and exceeds the available
funds by $24,196.75/ and, of the total locAl funds, the Board has
budgeted $39,873.00, the balance of $14,530.00 being supplied
by Naples Community Hospital through contributions.
In response to Commissioner Pistor's inquiry, Mr. Wilcox
explained the additional base station that is being requested is
a requirement set down by the State to be a part of the 911 system.
Mr. Jack Maguire, American Ambulance, explained the basic
procedure through which the EMS system is utilized and stated the
additional base station is being required by the State to correlate
with the other systems in the State.
Fiscal Officer Harold Hall noted the additional required funds
can come from the Contingencies Fund and added to the Equipment
Account in Ambulance Services.
Commissioner Wenzel moved, seconded by Commissioner Pistor
and carried unanimously 5/0, that Bid '331 for EMS Telemetry equipment
be awarded to Motorola, Inc. as contained in the Bid Review Committee
letter of January 9, 1979 and the Chairman and the Clerk be authorized
to sign and attest the resulting Agreement, further, that additional
funds necessary not to exceed $24,196.75 be provided from Contingencie
&oOK 045 PA~c 31'
BOOK 045 rA~ 32
January 9, 1979
RESOLUTION 79-4 TO RECOVER FUNDS EXPENDED BY THE COUNTY ABATING A
PUBLIC NUISANCE ON LOTS 3, 4, AND 5, BLOCK 233, UNIT 6, MARCO
ISLAND - ADOPTED
Commissioner Wenzel moved, seconded by Commissioner Pistor,
that Resolution 79-4 to recover funds expended by the County to
abate a public nuisance on Lots 3, 4, and 5, Block 233, Unit 6,
Marco Island be adopted.
Upon call for the question the motion carried unanimously
5/0.
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BOOK 0 45 'A~( 34
. January 9, 1979
BOARD APPROVES WAIVER OF BID REQUIREMENT FOR "CHECKPOINT" PROTECTION
SYSTEM FOR HEADQUARTERS LIBRARY
Commissioner Archer moved, seconded by Commissioner Wenzel And
carried unanimously 5/0, that the Board waive the bid requirement
for "Checkpoint" Protection System for Headquarters Library.
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Commissioner Archer moved, seconded by Commissioner Wenzel
and carried un~nimously 5/0, that the BOArd adjourn at 11:S5 A.M.
until 1:30 P.M. for Recess.
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COUNTY ENGINEER PROVIDES STATUS REPORT REGARDING THE ~lENUE BONDS
FOR MARCO ISLAND AND ALLIGATOR ALLEY TOLL FACILITIES, ALSO, A
STATUS REPORT ON FOUR-LANING OF S.R. 951 FROM MARCO BRIDGE TO
U.S. 41
County Engineer Clifford Barksdale provided the Board with
the following Status Report on the Marco !sland And AlliqAtor Alley
Toll F~cilities, and the four-laning of S.R. 951 from Marco Bridqe
to U..3. 41 :
A. Alligator Alloy Revenuo Bond--A 17 Million Dollar Revenue
Bond dated December I, 1963 was issued for the construction of
Alligator Alley. The projoct was a joint participation between
Broward and Collier Counties. For the bond year ended November
30, 1978, actual not tolls of $1,462,789 were realized (2.4' over
original estimates and 14.4' over previous year). Earnings on
investments in U.S. Treasury Securities amounted to $129,754 for
the Sinking Fund and $46,808 for the Collier County Gas Tax Fund.
This resulted in no 80' surplus gas tax contribution being required.
In addition to the normal maturing principal and interest, $580,000
principal was retired during the past bOllri year ahead of schedule
at a discount which resulted in appreciable interest expense savings.
January 9, 1979
The outstanding principal balance at the end of the past bond year
is $9i435,OOO. The Sinking Fund balance is adequate to meet the
reserve provision. Since no Secondary Gas Tax Fund contribution
was necessary, $1,275,282 was returned by the State Board of
Administration to tho DOT for the County Secondary Trust Fund.
B. Marco Island Bridge--A $2,100,000 Revenue Bond dated
November I, 1967 W3S issued for the construction of the Marco Islan
Bridge and Causeway. For the bond year ended October 31, 1978, the
net tolls and earnings in the Sinking Fund investment were more th~
su~ficient to meet the debt service and to redeem the outstanding
balance on the bonded indebtedness. This resulted in no contrihuti
from the County's pledged 20' surplus gas tax. Since the outstandi:
bonded indebtedness has been completely paid, the DOT will close
the toll facility on January 12, 1979.
The DOT toll collections sinc~ the bonds were redeemed are as
follows:
November
December
$42,214.45
39,169.85 (through December 28, 1:
Subsequent to the final liquidation of the bonds, disbursement of ft
was made as follows:
To the DOT's Primary Fund
for repayment of a construction
advance
$40,865.00
To the DOT's Secondary Fund
for Maintenance
11,752.40
To the DOT's Working Capital
Fund for Li9bility
To Collier County for Maintenance
2,646.52
22,537.14
In addition to the above toll collections, a Sinking Fund balance
in the amount of $105,012.21 has been invested by the State Board 01
Administration in U.S. Treasury Bills maturing March I, 1979 an~
June 28, 1979.
r.ODK 045 PA~C: 35
bOIlr.. U't~ I'A'" wU
January 9, 1979
From the above amounts and the tolls collected from December
29t 1978 through January 12t 1979, payment for the current operations
and removal of the toll booths, resurfacing and restoration of the
Toll Booth Plszs srea will be made.
It is proposed that any remaining funds would be utilized by the
DOT to undertako the necessary studies required to ascertain the
feasibi~ity of improving S.R. 951 from Marco River BridRe to U.S. 41
Tho required studies includo:
1. Obtaining an approved Bnvironmental Impact Statement.
2. A traffic snd rovenue toll facility study detailing the
funds to be generated by such a facility.
3. Preliminary engineering and design work.
Mr. Barksdale stated that DOT has drafted a resolution con-
cerning a proposed schedule for advertisinq for consultants to
do a traffic and toll facility study concerninq the proposed 4-
lanin9 of S.R. 951 from tho Marco Bridqe to U.S. 41 and that the
DOT is requesting the County Enqineer and possibly a member of
the Commission be present at the seletion meetinq for the proposed
traffic study.
A brief discussion was held on the matter and the Board
determined it is likely th~y will decide to hold a referendum
regarding whether or not a toll facility will be placed on 951
when it is 4-laned.
The County Engineer is to bring the drafted resolution to
the Board for further consideration.
January ~, .1.9',9
BOARD APPROVES CETA ADHINISTRATION STAFF PLAN AND BUDGET REVISION
FOR 1978-79 FOR PREVIOUSLY APPROVED CETA CONTRACTS AS OUTLINED BY
THE CETA DIRECTOR
CETA Director Jim Meerpohl stated he is submitting the detai1e~
administration budget for FY 1978-79, changGs in administration
organization and job descriptions as well as an outline of CETA
programs operated by the BCC as Program Agent. Mr. Meerpohl not!A
the budget reflects ~ reduction over last year's. He referred to
the Executive Summary report of the Agenda which outlines the
propoGed organizational chart which deletes the following three
positions: Counselor, Projects Supervisor, and Labor Market
Specialist. lie noted the addition of two CETA programs which
requires two new positions in CETA fiscal operations and a change
in an oxisting job description in the same area. Also included
in the paC"ket is the Budget Summary, Justification, and Exhibit "C"
of the CETA budget.
conun':'ssioner Wellze1 questioned the necessity of having all
neven (7) requested positions as is outlined in the organization
chart. Mr. Meerpohl commented he is working more programs with
less people this year.
Commissioner Pistor moved, seconded by Commissioner Archer,
that the CETA Adm~~iBtration Staff plan and the Budget revision for
1978-79 for previously approved CETA contracts be approved as
outlined by the CETA Director. Motion carried 3/2, Commissioners
Wenzel and Brown dissenting.
RESOLUTION 79-5 AUTHORIZING A GENERAL PERMIT FOR SURFACE WATER
MANAGEMENT PROJECTS APPLICABLE IN COLLIER COUNTY FOR PROJECTS
LESS THAN 40 ACRES - ADOPTED, SAID RESOLUTION TO CONTAIN RECOM-
MENDATIONS OF THE WATER MANAGEMENT DISTRICT AND COUNTY UTILITY
DIRECTOR
Utility Director Irving Derzon stated that the South Florida
Wat(~ Management District is requesting that the Board consider
a resolution which will authorize a General Permit for surface
6DOK 045 PA~c 37
600K 045 PAC, S8
January 9, 1979
water manaqement from said District applicable to land development
projects of less than 40 acres in total land area. He noted the
District Staff feols that Collier County's Utility Division and
Engineerinq Department is adequately staffed and qualified to
conduct a review of these types of projects in a manner which
would assure compliance with both the County's and Water Manaqe-
mont District's requirements. Mr. Berzon further noted that
contnined in the proposed resolution are recommendations set'
down by the District and the Water Manaqement Advisory Board.
Commissioner Archer moved, seconded by Commissioner pistor
that Resolution 79-5 authorizing a General Permit for 3urface
water management projeots less than 40 acres be adopted containinq
tho recommendations of the Water Manaqement District and Water
Management Advisory Board. The motion carried 4/1, Commissioner
Wenzel dissenting.
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&OOK 0(5 'A~c (4
January 9, 1979
.
WATER WELL PERMITS FOR EXXON CORPORATION - APPROVED WITH
STIPULATIONS
Utility Director Irvinq Berzon explained that the Exxon
Corporation has applied for the construction of a water well
in Section 2, Township 49 South, Range 30 East, for a water
well to be 12-1/4 ft. in diameter to a depth of 6S to 80 ft.
and then 8-3/4 ft. in diameter to a depth of 125 ft. which
will be cased wiLh a 9-5/8 ft. steal casinq to A depth of
40-60 ft. with a designed pumpinq capacity of 380 gpm. He
noted that the Water Manaqement Advisory Board has reviewed
this application and recommends approval subject to the
following stipulations:
1. A copy of the driller's log be submitted to the County
Utility Director.
2. A water analysis regardinq water quality be submitted
to the County Utility Director.
3. The well be capped and plugged upon the abandonment of
the drilling operations unless a new Permit is applied
for and approved by the BCC.
4. The construction of the drillinq pad does not interfere
with the drainage pattern of the area.
Commissioner Pistor moved, seconded by Commissioner Wenzel
and carried unanimously 5/0, that the water well permits requested
by Exxon Corpora cion be approved with the aforementioned stipu-
lations.
RESOLUTION 79-6 APPOINTING COMMISSIONER WENZEL, UTILITY DIRECTOR,
COUNTY ENGINEER, AND COUNTY ATTORNEY AS CONSULTANT SELECTION
COMMITTEE FOR EAST NAPLES SEWER SYSTEM ENGINEERING PROPOSALS -
ADOPTED
Utility Director Irving Berzon stated that the Farmers' Home
Administration is requesting that the Board adopt a resolution
appointing a Consultants Selection Committee to review enqineerinq
proposals with regard to the East Naples Sewer System in accordanc(
with the Competitive Negotiation Act.
January 9, 1979
Commissioner Wimer moved, seconded by commissioner Archer
.and carried unanimously 5/0, that Commissioner Wenzel, the
Utility Director, the County Engineer, and the County Attorney
be appointed as the Consultant Selection Committee for said
project and that Resolution 79-6 re same be adopted.
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MOK 045 PACe: 45
..,.UIU.U..:t ;;, .10.;1/;)
BOARD AUTIIORIZES FUNDS FOR 201 CONSULTANTS TO PREPARE STEP I
PHASE OF THE 201 FACILITIES PLAN RE EVERGLADES CITY AS OUTLINED
DY UTILITY DIRECTOR
Utility Director Irvinq Berzon explained that the Board had
previously authorized funding for the preparation of a Plan of
Study and the application for STEP I grant for a 201 Facilities
Plan for the Everglades City area and that the grant would cover
75\ of the total cost with the County supplying the 25\. He
noted that the final cost estimate was submitted by the consultants
and exceeded the preliminary estimate by approximately $15,000 __
total cost of the project is estimated at $35,000 (25\ of which to
be funded by the County). Mr. Berzon stated that the DER and EPA
considered a reduced scope of the study in order to bring down the
cost; however, he received "informal" advice from the EPA stating
they cannot consider any sort of "reduced scope" of the study and
the original Study Plan as submitted by the Consultants is required
for the executjon of ~he STEP I portion of the 201 progr~m.
Commissioner Pistor moved, seconded by Commissioner Wenzel
and carried u~~nimously 5/0, that the Board authorize the expenditur
of funds up to approximately $8,750 (25\ share) in order to authoriz
the consultants to carry out the Plan of Study as proposed by them
\~ith regard to the STEP I Phase of the 201 Facilities Plan study
for the E~'~rglades City arda (per the Utility Director's recommenda-
tions) .
Illisor,UTIONS CWS-79-l AND CWS-79-2 INITIATING PROGRAM FOR PROVIDING
WATER/SEWER IMPROVEMENTS IN THE WILLOUGHBY ACRES AREA - ADOPTED;
RESOLUTION CWS79-3 OF THE GOVERNING BOARD OF THE COUNTY WATER/SEWER
DISTRICT AUTHORIZING THE CONSTRUCTION OF CERTAIN WATER AND SEWER
SYSTEM IMPROVEMENTS DESCRIBED IN RESOLUTIONS CWS-79-l AND CWS-79-2 _
ADOPTED; WILLOUGHBY ACRES WATER AND SEWER DISTRICT PLANS AND
SPECIFICATIONS AND TENTATIVE APPORTIONMENT OF COST ESTIMATES RE
SAME - FILED FOR TUE RECORD; RESOLUTIONS CWS-79-4 AND CWS-79-5
APPROVING SAID PLANS AND SPECIFICATIONS AND COST ESTIMATES OF
PROPOSED WATER/SEWER IMPROVEMENTS AND AUTHORIZING ADVERTISING OF
PUBLIC HEARING FOR FEBRUARY 13, 1979 CONFIRMING RESOLUTIONS
CWS-79-l AND CWS-79-2 - ADOPTED; EMERGENCY SITUATION DECLARED
AND EMERGENCY ORDINANCE 79-1 CREATING THE WILLOUGHBY ACRES WATER
AND SEWER UNIT - ADOPTED
County Attorney Donald Pickworth explained that the Board
needs to approve two resolutions which will initiate a program of
MDK 045 PA~, 49
~OOK 045 PA~, 50
January 9, 1979
providing waterlsewer improvements in the Willouqhby Acres area
designating the area to be improved and providinq that the cost
of such improvements shall be paid from assessments against the
benefited properties, said resolutions will also authorize the
consulting engineers to prepare plans and specifications as well
as a cost estimate of said improvements and a tentative appor-
tionment among the properties beinq assessed. He also explained
that the Governing Board of the County Water/Sower District must
IInopt " rARolutlon authori7.inq ColliAr County to construct the
water and sewer system improvements which are described in the
two aforementioned resolutions. After this is completed, he
stated, the plans and specs as well as the tentative apportion-
ment must be filed for the record with the Clerk after which two
additionAl resolutions are required to be adopted approving said
plans, specs and apportionment and also authorizing advertising
of a public hearing (February 13, 1979) confirming the original
two resolutions. After all is completed, the County Attorney
stated that an emergency ordinance needs to be adopted which
will create the Willoughby Acres Water and Sewer unit due to the
legal entanglements contained with Sewer Oistrict "A".
Commissioner Wenzel moved, seconded by Commissioner pistor
and carried unanimously 5/0, that Resolutions CWS-79-l, CWS-79-2,
IInd CWS-79-3 as described by the County Attorney be adopted.
At this point, the plans and specifications as well as the
tentative apportionment for the improvements were filed for the
record with the Clerk.
Commissioner Wenzel moved, seconded by Commissioner Pistor
and carried unanimously 5/0, that Resolutions CWS-79-4 and CWS-79-5
as outlined by the County Attorney be adopted.
Co~nissioner Archer moved, seconded by Commissioner Pis tor
and carried unanimously 5/0, that an emergency situation does
exist concerning the Willoughby Acres WaterlSewer improvements.
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Commissioner Archer moved, seconded by Commissioner Wenzel
and carriod unanimously 5/0, that the emerqency ordinance as
numbered and titled below be adopted and entered into Ordinance
nook No.8.
ORDINANCE NO. 79-~
AN ORDINANCE CREATING THE WILLOUGHBY ACRES WATER
AND SEWER 'uNIT; PROVIDING THAT SAID UNIT SHALL HAVE
TIlE POWERS OF A MUNICIPAL SERVICE TAXING UNIT PUR-
SUANT TO CHAPTER 125. FLORIDA STATUTES: DECLARING
AN EMERGENCY TO EXIST NECESSITATING THE IMMEDIATE
ENACTMENT OF TIllS ORDINANCE; PROVIDING AN EFFECTIVE
DATE.
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045 PAC, 51 .
&OOK
1/\1\1,\ U"1\1 rAw' ~
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Board, shall be made in writing in person or by attorney,
and filed with the District Clerk at or before the time or
adjourned timo of such hearing_
.
SECTION 5. This resolution shall become effective
immediately upon its adoption by motion, second and roll
call vote as follows:
Commissioner Wenzel Motioned and aye
Commissioner Phtor Seconded and aye
Commissioner Wimer Aye
Commissioner Archer Aye
Commissioner Brown Aye
DATED: Janua;-y 9.2979
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
EX 0 ICIO GOVERNING BOARD
OF TH OUNTY WATER-SEWER
DISTRIC
, r, 'J' :
, . .....~.., Cl<<*k' .of
:'.: ',:.: ,',:., Ex.~ Ca.i1;io Clerk 0 the
(', .... f' ''Boar? C(f, County Commissioners
::: '.' as Ex Officio Clerk of the
::. : ,i,' .., ,County Wllter-Sewer District
.- ",'''-'' '. '('if Col].ier County
'1 " .' :", ":.. ::';.". ~'
.... " ,'. '. , ,,' ,
., . ... \ . I'
I ~""n\'\ " . .
, .." "',,.
By:
.'. :.
~ ~~ It..
s'hal.l. be laade i.n vd,ti.nr. i.n tun:son 01: by atto1:'De:y. a:n4 fU.e4 vi.'th
the District Clerk at or before the time or adlourned time of
~~-
District Clerk. County
Water-Sewer District
SECTION 5. This resolution shall become effective
immediately upon its adoption by motion. second and roll
call vote as follows:
Commissioner Wenzel Motioned and aye
Commissioner Pistor Seconded and aye
Commissioner Wimer Aye
Commissioner Archer Aye
Commissioner Brown Aye
DATED: January 9. 1979
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
EX OFFICIO GOVERNING BOARD
OF THE UNTY WATER-SEWER
DISTRIC
By:
, .
,. '\'. r-rt 'tk" '"I i
~.':;~';;\.... l3: ~rcu
. :;,.,.' tx Otfido":plerk of the
::: :::':: Board' otl. CQunty Commissioners
-;'. i :a~.,~~ ~~.(f!'i?1o Clerk of the
~', . ....co,u,n(y:."W~tf~r-Sewer Dis trict
'II" 'of'..Coll~e.t County
'< .~.n:!~"',',
January 9, 1979
BOARD VOTES TO DROP OPTIONS EXPIRING JANUARY 10, 1979 RE IMMOKALEE
SEWAGE TREATMENT PLANT FOR PURCHASE OF 50 ACRES FOR PROPOSED
PROJECT
Utility Director Irvinq Berzon noted that the Immokalee
Sewage Treatment Plant Land Options for the Immokalee Waterl
Sewer District are due to expire on 1/10179 and that the property
owner of the 40 of ~O acres wishes to increase his sale price
from $l33,000 to $139,500 for three months with the option fee
of $7,500 to be paid upon the acceptance of the land, further,
the price would then increase for the fOllowing three months to
$l47,000 with the same option fee. Mr. Berzon stated he foels
the option is "far in excess" of what the District can afford to
pay and he recommends that the Board drop the option and try to
acqujre the property at the time the District is ready to proceed
with the project.
A brief discuRsion was held concerninq the method of financinq
for the project.
Commissioner Wenzel moved, soconded by Commissioner Pistor
and carried unanimously 5/0, that the Board accept the Utility
Director's recommendation and drop the one-year option on the
land to be purchased for the Immokalee Sewage Treatment Plant.
ROUTINE BILLS - APPROVED FOR PAYMENT
Following Fiscal Officer Harold Hall's statement that the
bills being preRented have been processed following established
procedures and that funds are available, Commissioner Wimer moved,
seconded by Commissioner Wenzol and carried unanimously 5/0, that
the bills be approved for payment as witnessed by the followinq
warrants issued from December 20, 1978 through January 9, 1978:
~OOK 045 '^~c 73
aOOK 045 PA~c 7.
FUND
County \farrants
BCC Payroll
General Fund
Road & Bridge '2
Interest a Sinking
Golden Gate I a S
Collier County Fire District
Special MSTD' S
Collier County Lighting
Marco Water/Sewer
Aquatic Weed
Improvement Revenue Cert.
Golden Gate Fire
Ochopce Fi~d Dist.
Kelly Road Water
Water Management
Sewer Dist. A Assessments
Sewer Dist. A Revenues
Special Road Assessments
MunicipIo Service Taxing Dist.
Grants and Gifts
Capital Improvement
County Water Supply
January 9, 1979
WARRANT'- NOS.
2388 - 2763
54007 - 55293
7 - 10
5 - 6
5 - 6
2
2
1 - 2
3
1
1 - 2
2
1 - 2
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5 - 6
3
3 - 4
2
5 - 6
4 - 5
1
1 - 2
PAYMENT IN THE AMOUNT OF $125.00 FOR SISTER CITIES DUES FOR ANNUAL
MEMBERSHIP (ONE YEAR PERIOD) - APPROVED
Commissioner Wimer moved, seconded by Commissioner Wenzel
and carried unanimously 5/0, that the payment of $125.00 for the
Sister Cities dues for annual membership be approved.
S.W. FLORIDA REGIONAL PLANNING COUNCIL QUARTERLY PAYMENT FOR
JANUARY, FEBRUARY AND MARCH IN THE AMOUNT OF $5,167.50 - APPROVED
Commissioner Archer moved, seconded by Commissioner Pistor
and carried unanimously 5/0, that the S.W. Florida Regional Planning
Council quarterly payment in the amount of $5,167.50 for January,
February, and March, 1979 be approved for payment.
CHAIRMAN AUTHORIZED TO SIGN DER PERMIT APPLICATIONS FOR THE
WILLOUGHBY ACRES WATER AND SEWER PROJECT, PAYMENT OF $60.00
THROUGH THE GENERAL FUND - APPROVED
Per the Utility Director's request, Commissioner Pistor
moved, seconded by Commissioner Wimer and carried unanimously
5/0, that the Chairman be authorized to sign three (3) DER Permit
applications re the Willoughby Acres Water and Sewer Project at
$20.00 a piece (total payment of $60.00).
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oJanuAry :I, J.:lI:I
BUDGET AMENDMENT 79-26 FOR IMPROVEMENT OF BOAT RAMP ON S.R. 951 -
ADOPTED IN THE AMOUNT 0~.t~Q.Q.Q.._______
Commissioner Wenzol moved, seconded by Commissioner Archer,
that Budget Amendment 79-26 for improvement of the boat ramp on
S.R. 951 be adopted in the amount of $2,000. The motion carried
4/1 with Commissioner Wimer dissenting.
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~OOK 045 PA~, 75
... ............-...... - I ~. - . 0#
BUDGET AMENDMENT 79-27 FOR RECEIPT OF STATE GRANT FOR NAPLES
LANDING BOAT RAMP - ADOPTED IN THE AMOUNT OF $39,800
Commissioner Pistor moved, seconded by Commissioner Wenzel
and carried unanimously 5/0, that Budget Amendment 79-27 to
appropriate the receipt of a State Grant for the construction
of the Naples Landing Doat Ramp, as previously approved by the
Board, be adopted in the amount of $39,800.
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aOOK 045 rA~c 77
January 9, 1979
BUDGET AMENDMENT 79-28 FOR STATE LIBRARY OP PLORIDA GRANT RECEIVED
FOR SCORE PROGRAM - ADOPTED IN THE AMOUNT OP $8,217
Commissioner Archer moved, .eoon~ed by Commissioner Pistor
and carried unanimously 5/0, that Budqet Amendment 79-28 to
appropriate for expenditure as in~icated cash carryover from a
State Library of Florida Grant received in FY '78 for the SCORE
Program be adopted in the amount of $8,217.
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aOOK 045 PA~, 79
January 9, 1979
BUDGET AMENDMENT 79-29 FOR PURCHASE OP NEW WATER COOLER FOR
SHERIFF'S DEPARTMENT - ADOPTED IN ~~E AMOUNT OP $270.00
Commissioner Pis tor moved, seconded by Commissioner Wimer
and carried wlanimously 5/0, that Budget Amendment 79-29 for
the purchase of a new water eooler for the Sheriff's Department
be adopted in the amount of $270.00.
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aOOK 045 PA~, &1
.. ~
BUDGET AMEND~mNT 79-30 FOR PURCHASE OF COUNTY COMPLEX DIRECTORY
SIGNS - ADOPTED IN THE ~IOUNT OF $264.00
Commissioner pi.tor moved, ..conded by Commilsioner Wimer
And carried unAnimously 5/0, that Budget Amendment 79-30 for the
purchase of County Complex Directory Signs be Adopted in the
amount of $264.00.
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!OOK 045 fA~, 83
January 9, 1979
JUROR LIST FOR 1979 - APPROVED AND SUBMITTED TO THE CLERK FOR
THE RECORD
Commissioner Wimer moved,' seconded by Commissioner Pistor
and carried unanimously 5/0, that th. proposed Juror List for
1979 be approved and submitted to the Clerk for the record.
List appears on pagen 112 through 171.
FISCAL OFFICER NOTES RECEIPT OF LETTER OF AGREEMENT BEnmEN COUNTY
AND ROYAL PARK VILLAS RE THE VILLAS' CONNECTION TO CITY OF NAPLES
SEWAGE SYSTEM - FILED FOR THE RECORD
Fiscal Officer Harold Hall noted the receipt of a letter of
Agreement between the County and Royal Park Villas, signed by Mr.
Jon Lehman, President of Royal Park Villas, covering the Villas'
connection to the City of Naples sewage system and stated it is
to be filed for the record.
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800K 045 PAC, 85
January 9, 1979
BOARD AUTHORIZES ADVERTISING FOR PUBLIC HEARING ON JANUARY 30,
1979 FOR SUPPLEMENTAL BUDGET NO. 1 FOR FY 1978-79
Fiscal Officer Harold Hall explained that fun~s were budqeted
last fiscal year for various projeots in the five MST Road Districts,
however, some of those projects have not yet been completed and the
budgeted funds were not all expended. He noted that it is
necessary to appropriate the cash carryover into this year'. budget
and requested authorization to advertise the Supplemental Budget
No. 1 which would reflect the carryover.
Commissioner Pistor moved, seoonded by Commissioner Wenzel,
that advertising be authorized for public hearinq on January 30,
1979 for Supplemental Budget No. 1 for FY 1978-79. The motion
carried unanimously 5/0.
Mr. Hall noted that the annual financial report coverinq tho
1977-78 budget year was received by the State in the stipulated
time.
CHAIRMAN AUTHORIZED TO SIGN SUBGRANTEE RESOLUTION AND STATEMENT
OF COMMITMENT FOR LEj~ GRANT RE MENTAL HEALTH'S CRIMINAL DIVERSION
PROJECT
Commissioner Pistor movod, seconded by Commissioner Wenzel
and carried unanimously 5/0, that the Chairman be authorized to
sign the Subgrantee Reuolution for LEAA qrant coverinq the Mental
Health's Criminal Diversion Project as outlined by the Fiscal
Officer.
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MOK 045 PA~ 89
January 9, 1979
CHAIRMAN AUTHORIZED TO SIGN STATEMENT or COMMITMENT TO ACCOMPANY
LETTER OF INTENT APPLYING FOR LEAA GRANT FOR NAPLES WILDERNESS
ALTERNATIVE PROGRAM FOR FY 1990 LEAA FUNDS
Fiscal Officer Harold Hall explained that the Board had
previously approved the continuation of the Naple8 Wilderne8s
Alternative Program and the matChing funds ($1,500) are to come
from local organizations and the Board is not committed to
expend any funds.
Commissioner Pistor moved, seconded by Commissioner Archer
and carried unanimously 5/0, that the Chairman be authorized to
sign a Statement of Commitment to accompany the Letter of Intent
which applies for an LEAA Grant for the Naples Wilderness Alter-
native Program for FY 1980 LEAA funds.
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045 rA~c 93 .
~OOK
January 9, 1979
BOARD ENDORSES REQUEST BY COMMISSIONER WIMER THAT THE STATE'S
ATTORNEY'S OFFICE INVESTIGATE CIRCU~~TANCES INVOLVED WITH HIS
EXCAVATION PERMIT PROCEEDINGS, CO~NTY MANAGER DIRECTED TO WORK
WITH STAFF IN MARING POSSIBLE CHANGES IN THE EXCAVATION ORDINANCE
AND TO HAVE THE UTILITY DIRECTOR MAKE RECOMMENDATIONS RE SAME
Commissioner PIstor noted there has been much publicity
surrounding Commissioner Wimer's three excavation permit proceedings
and that Commissioner Wimer has requested the State's Attorney's
office to investIgate the matter to "clear his name."
Commisaioner Pistor moved, seconded by Commissioner Archer,
that the Board officially endorse the request by Commissioner
Wimer to have the State Attorney investiqate the circumstances
surrounding his permit applications and the manner by which they
were approved.
After a brief discussion, the motion carried unanimously 4/0,
Commissioner Wimer abstaining from the vote.
Commissioner Pistor suggested the Chairman direct the County
ManAger to ~ave ~he st~ff look into the matter of possibly amending
the Excavation Ordinance so that it will make it easier to be
enforced.
Chairman Brown expressed concern that the other government
agencies are being asked to investigate what he terms a "political
problem" noting that a member of both the WMAB and the CAPC has
told him that many excavations would have been prevented if all
technical aspects of the Excavation Ordinbnce are enforced.
Commissioner Wenzel commented that he does not feel that a
crime has been committed by Commissioner Wimer, rather a violation
of the ordinance. He suggested the members of the Board turn in
suggestions to the Utility Director as to how to amend the ordinance.
Chairman Brown then directed the staff to look into the matter
and requested the Utility Director to make reco~endations to the
Board. Commissioner Wenzel moved, seconded by Commissioner Pistor,
to the effect the staff investigate the ordinance And the Utility
Director make recommendations as to possible amendments. The
&oo~ 0 45 PA~c 85
-Se.e. r"1-.$
J 11- A, B..l e.. ,vp
Als", 'r'~. "...\ .~
, ,... c. ,- ">0- l'
motion carried unanimously 5/0.
aOOK Of5 PA~, 96
COUNTY ATTORNEY AUTHORIZED TO PRESENT CERTAIN PROPOSED LEGISLATION
TO THE LEGISLATIVE DELEGATION
January 9, 1979
County Attorney Donald Pickworth, referrinq to his memo to
the Board dated Janua~y 9, 1979, outlined the followinq three
recommendations he is requestinq be presented to the Collier
County Legislative Deleqation:
1. A bill amendin9 Chapter 67-1246 which provides the
authority for Collier County to adopt comprehensive plans, zoninq
ordinanceo and subdivision regulations. He explained that it is
appropriate to have a legislative confirmation of the authority
of Collier County to adopt land use requlations pursuant to the
special act.
2. A proposed bill authorizinq the Board of County Commissioners
to appoint animal control enforcement officers with the power to
isnue citations for violations of tho Animal Control Ordinance. He
noted a similar bill was adopted by Lee County in 1977 and has worked
well for them as it saves time and trouble of qoing through the
State Attorney's Office to file charges of violations of said
ordinance.
3. A proposed bill to "clean up" the Collier County Code
Book of special acts currently in effect which are no lonqer of
any force because of later general law or constitutional changes.
He noted the enactment of repealin9 acts to do away with the now
unncc~ssary special acts and the subsequent adoption of ordinances
in their place ic necessary.
Commissioner Wenzel moved, seconded by Commissioner Wimer,
that the County Attorney be authorized to present the above three
bills to the legislative delegation for consideration.
Commissioner Archer expressed concern over the passinq of the
proposed Animal Control Bill explaining he has received phone calls
from residents complaining about the attitudes of certain animal
control officers.
Upon call for the question the motion carried unanimously 5/0.
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UTILITY DIRECTOR AUTHORIZED TO PROCEED WITH NECESSARY PROGRAM TO
CONSTRUCT EAST NAPLES SEWER SYSTEM IN THE MOST EXPENDITIOUS MANNER
POSSIBLE REGARDLESS OF THE COUNTY RECEIVING A GRANT RE SAME
Administrative Aide to the Board Mary Morqan referred to a
letter dated 1/4/79 from the City of Naples expressinq their concern
for the lack of a sewage collection system in the East Naples area
And feel that the likelihood of the County's receivinq a grant andlor
lo~n for the construction of the project is not very qood and the
City is proposing to take steps to authorize the City Manager to
provide a system as quickly as possible.
Mr. Wade Schroeder, City Councilman, and Mr. David Rynders,
City Attorney, were present for discussinq the matter with the
Board.
In response to Commissioner Wenzel, Mr. Schroeder stated that
the City probably will not be able to construct the project with
less expense than the County.
Mr. Rynders commented that if the Board continues t.o wait on
possible grant assistance for the project it will result in higher
inflationary costs for the construction. He requested that the
Board consider the funding of the project now and commence
construction as soon as possible.
Commissioner pistor stated that the Board has just authorized
a Consultant Selection Committee to choose an enqineering firm for
the project.
Utility Director Berzon commented that the Board had previously
authorized the consultants to update the cost estimates of the
preliminary engineering proposal and that the County has a grant
application with the Farmer's Home Administration and stated
that what the City is asking is if the Board will make a commitment
now to expend funds to prepare the final engineerinq plans for the
project (in the area of $400,000).
&OOK 045 PAC, f!7
BOOK 0 45 rA~ 98
January 9, 1979
Commis.ioner Wenzel commented that the residents in the area
should have a voice in this matter as to whether or not they are
willing to help fund the project.
The possibility of obtaininq a commercial loan for the project
was discussed. Mr. Berzon commented there is a qreat deal of
difference betweon obtaininq a loan at 5t and 7t interest rate.
He also commented that any funds that the Board expends now will
be ineliqible for grant fundinq.
Commissioner Pistor moved, seconded by Commissioner Archer,
that the County proceed with the project. There was no vote
taken on the motion.
Mr. Rynders questioned if the motion is continqent upon
whether or not the County receives qrant assistance.
Commissioner Pistor moved, seconded by Commissioner Wenzel,
that the Utility ~irecto= be authorized to proceed with the
project in the most expeditious manner possible utilizinq one of
the two financing possibilities that have been presented to him,
further, this motion is not contingent on whether qrant funding is
obtained.
The source of funding was discussed. Fiscal Officer Harold
Hall suggested that the Utility Director and himself can get
together to map out a financinq plan.
Upon call for the question, the results of a roll call vote
carried the motion 4/1, Commissioner Archer dissenting.
CH~IRMAN AUTHORIZED TO SIGN CERTIFICATES OF CORRECTION TO THE
TAX ROLLS
Commissioner Pistor moved, seconded by Commissioner Archer
and carried unanimously 5/0, that the followinq Certificates for
January 9, 19'19
correction on the Tax Rolls be approved and that the Chairman be
authorized to sign same:
1978 Tax Roll
!'!Q!.:.
1 through 305 excludinq
137, 138, 187, 202, 256
289, 290, 291, 302, , 303
~
October 30 to
December 22, 1978
Tangible Personal Property
37-1978
38-1978
December 22, 1978
December 27, 1978
CHAIRMAN AUTHORIZED TO SIGN LETTER TO DNR REQUESTING THAT PERMIT
IA78-p-89 BE EXTENDED FOR SIX MONTHS fCCSL PERMIT - TIGERTAIL BEACH)
Commissioner Archer moved, seconded by Commissioner Pistor and
carried unanimously 5/0, that the Chairman be authorized to sign a
letter to the Department of Natural Resources requesting that the
coastal construction setback line permit 'A78-p-89 re Tiqertail
Beach be extended for six months.
NOTICE OF SACC MEETING
Administrative Aide to the Board Mary Morqan noted that the
State Association of County Commissioners i. holding a "new"
commissioners meeting in Tallahassee on January 16-17, 1979.
BOARD AUTHORIZES THE APPOINTMENT OF DR. GUNNARD ANTEI,L AS BOARD I S
REPRESENTATIVE TO AREA AGENCY ON AGING IN CONJUNCTION WITH THE
COUNCIL FOR HUMAN SERVICES OF SOUTH CENTRAL FLORIDA, INC.
Commissioner Wimer moved, seconded by Commissioner Wenzel
and carried unanimously 5/0, that the Board authorize Dr. Gunnard
Antell to be appointed as the Board'. representative to the Area
Agency on Aging which is in conjunction with the Council for Human
services of South Central Florida, Inc.
DISCUSSION RE LETTER DATED 1/2/79 FROM GOLDEN GATE CIVIC ASSOCIATION
PROTESTING MANNER IN WHICH LEGAL ADVERTISEMENT WAS PLACED RE TUE
INCREASE IN MILLAGE FOR LIGHTING DISTRICT - FISCAL OFFICER TO BRING
BACK INFORMATION ON THE MATTER AT A LATER DATE
Administrative Aide to the Board Mary Morgan noted the
receipt of a letter dated 1/2/79 from the Golden Gate Civic Assoc.
BOOK 045 PA~, 99
BOOK 045 PA~c 100
January 9, 1979
protestinq the manner in which legal advertisement was placed
regarding the increase in millaqe for the lighting district and
their request that the Board direct that future leqal ads
regarding tax millage rates should include the followings (1)
present millage rate, (2) proposed millaqe raqe, (3) reasons
for the proposed change.
Commissioner Wenzel moved, seconded by Commissioner Pistor,
that legal ads regarding lightinq districts include thd information
as requested.
Fiscal Officer Harold Hall stated that a draft of the proposed
budget philosophy will be coming up for review by the Boar~ in a
few weeks pertaininq to the matter which states that the State
statutes require that the present, proposed and certified millages
must be advertised. He recommended the Board hold up on any
action at this time.
There was no vote taken on the motion.
The Chair directed the Fiscal Officer to brinq up the matter
at II later data.
CHAIRMAN AUTHORIZED TO SIGN LETTER OF INTENT APPLYING FOR LEAA
FUNDS FOR SPECIALIZED BURGLARY ENFORCEMENT PROGRAM
Administrative Aide to the Board Mary Morgan explained that
the proposed burqlary enforcement program will provide for the
installation of an electronic system to be used by businesses
located within the County and the request for LEAA funds is in
the amount of $39,707.07 and a local match of $2,205.99 from the
County and an equal amount from the State for a total amount of
$44,119.05. The County local match is budgeted by the Sheriff.
Commissioner Wenzel moved, seconded by Commissioner Pistor
and carried unanimously 5/0, that the Chairman be a"";~lorized to
sign the Letter of Intent applyinq for LEAA funds for the specialized
burglary enforcement program.
.J anuary ~, J. ':iI ~
ADMINISTRATIVE AIDE NOTED RECEIPT OF REPORTS FROM UTILITY DIRECTOR
CONCERNING WATER CONTROL STRUCTURES AT REEDY CREEK WMD AS WELL AS
CONDITION REPORT ON THE COASTAL AQUIFER
Administrative Aide to the Board Mary Morqan called the
Board's attention to the fact that the Utility Director has
submitted reports on the Amil Gates at Reedy Creek and also
provided a Condition Report on the Coastal Aquifer. She noted
tho Board may possibly have to take action on these matters in
the future.
DISCUSSION RE NOTICE FROM NACO REGARDING THE LIABILITY OF ELECTED
OFFICIALS -- SEMINAR TO BE HELD ON THIS SUBJECT IN APRIL
County Attorney Donald Pickworth explained that a recent
Supreme Court decision was made regardinq the liability of
governmental bodies or units and has nothinq to do with the
liability of government officials, notinq that elected officials
have always been liable for damages. He noted that a conference
i8 to be h~ld i~ Chic~go in April which he will po.si~ly attend.
PELICAN BAY I~lPROVEM~NT DISTRICT'S REQUEST CONCERNING A PROPOSED
CONNECTION FEE SCHEDULE. PLACED ON JANUARY 16, 1979 AGENDA
Administrative Aide to the Board Mary Morgan noted the
receipt of a letter dated 1/5/79 from the Pelican Bay Improvement
District requesting that the district's consultinq enqineers be
permitted to review with the BCC a proposed connection fee schedule
concerning the underground waterlsewer irrigation system in and
around the Pelican Bay District.
The Chairman directed that the matter be placed on the Aqenda
for January 16, 1979..
LAKE TRAFFORD MEMORIAL GARDENS CEMETERY DEED NOS. 180, 181, AND
182 - ACCEPTED FOR RECORDATION
Pursuant to action of the Board January 10, 1970 wherein the
Chairman was authorized to sign various deeds to Lake Trafford
Memorial Gardens cemetery lots as the need arises, the following
Deed Nos. 180, 181, and 182 were recorded and filed for the record:
&OOK 045 fA~, 105
January 9, 1979
M1~CELLANEOUS CORRESPONDENCE - FILED AND/OR REFERRED
There being no objection, the Chair directed the following
correspondence be filed andlor referred to the various departments
as indicated below:
1. Letters and petitions from persons opposing the
deregulation of Cablevision, filed.
2. Letter dated 12/27/78 transmitting audit report for Capr
Water Works, Inc. for year endinq 9/30/78, xc to Utility
Director, filed.
3. Letter dated 12/21/78 from Marco Island Fire Department
indicating they approve of the proposed mutual aid agree
ment and recommend the Board adopt same, filed.
4. Letter dated 12/15/78 from Stephen G. Mitchell reqarding
recent reports that the Marco bridgo bonds have been ret
early and the continuation of the tolls which were colle
to repay those bonds, xc to Engineering Department, file
5. Memo dated 12/20/78 from Utility Director with attached
letter to Mr. Schneider regarding the fact that GAC is
agreeable to offering certain parcels to them for sale
at a significant discount. (Milestone Youth Home), filed
a. Memo re call from Mr. Laux on 12/27/78 opposing My H
project being close to his home.
b. Letter dated 12/27/78 from Mr. Schneider acknowledgi
receipt of Utility Director's letter.
6. Notice from Representative lIawkins that the Legislative
Delegation will be conducting a hearing on 1/19/79 to
review material submitted for possible adoption by the
Legislature, filed.
7. Annual financial report form for Collier County for 197E
filed.
8. Petition dated 12/18/78 received from 3 persons residin~
on Elm Court requesting they be included in Marco Islanc
Lighting District, original petition to County Engineerl
9. Letter dated 12/15/78 from Fla. DOT indicating that cert
portion of S.R. 951 has been transferred to the jurisdic
r~sponsibility of the DOT and requestinq that pertinent
information be forwarded to the Ft. Lauderdale office/ 1
10. Memo dated 12/22118 from Jim Meerpohl re status of grie,
appeal of the Fla. directive on including CETA employeel
in the State Retirement System, filed.
11. Letter from holder of the Immokalee Garbage franchise
requesting that his agreement with the Board be extendel
for an additional 5 years, xc to r~unty Manager, filed.
tOOK 045 PACe 109
January 9, 1979
27. Notice dated 12/8/78 of final announcement on small
cities CDBG preapplications CHUD), xc to Assistant
County Manager, filed.
28. DER notice dated 12/13/78 re application for certification
of proposed fo.si1 fuel electric power generatinq plant
sitel filed.
29. Letter dated 12/20/78 from DER re permit DCll-S710 dated
12/19/78 to Imperial Golf Estates for construction/
operation of a pollution source, xc to Utility Director, fi
30. Letter dated 12/19/78 from DER re permit CSS2-11-S677
for Mariner's Cove indicatinq that construction of this
project must be completed by 1/31/80, xc to Utility
Director, filed.
31. DER notice dated 12/27/78 on a rule title "Air Pollution";
xc to Dr. Harmicl filed.
32. Building Dept. monthly reports as of 12/30/78, filed.
33. PSC Notice re Docket '7809SS-CCT from Penney's Drive-a-
Way for certificate of public convenience and necessity
to operate in Collier, Lee, Martin, Orange, and Monroe
Counties, filed.
34. Letter dated 1/3/79 flO~ Summit Consulting, Inc. offering
job injury reportinq service re Workmen'. Compensation/
xc to Fiscal Officer, filed.
35. Letter dated 1/4/79 from S.W. Fla. Regional Planning
Council ro the fact that DOT has been advised that the
c"l"ncil wishes to participate in the railroad activity
study relating to areawide economy, xo to Assistant
County Manager, filed.
36. DER Notice dated 1/3/79 re approval of application for
construction of a sewage colleotion/transmission system
for Sandy Ridge Labor Camp, CSS2-11-S71l, xc to Utility
Director/ filed.
37. Homemakers Service -- copy of 1/4/79 monthly project outpul
report and monthly objective analysis report for December,
1978, Copy of monthly receipt and expenditure report, etc.;
filed.
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There being no further business for the qood of the County,
the meeting was adjourned by order of the Chair - Time: 4:20 P.M.
BOARD OF COUNTY COMMISSIONERS/EX
OF CIO GOVERNING BOARD(S) OF SPECIAL
DIS CTS UNDER TTR CONTROL
Q,C.
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')bOK~. 04~'.I'A;1.u.:' ,.
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